No. 1 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, January 14, 2015. 12:00 noon. In conformity with the requirements of the Constitution of the state of Michigan, the Senators of the 98th Legislature of the state of Michigan assembled in the Senate Chamber in the Capitol at Lansing this day (being the second Wednesday of January 2015), at twelve o’clock noon, and were called to order by the President, Lieutenant Governor Brian N. Calley. Pastor Wayne Muri of Lakeshore Baptist Church of Grand Haven offered the following invocation: Dear Lord, God in heaven, I rejoice today as I stand in these hallowed chambers that we live in a nation and a state where government exists as righteous barriers to lawlessness and chaos. I’m humbled and thankful to represent the King of kings and the Lord of lords among those who rule on earth. I am thankful that You raised up men and women who are willing to maintain the peace and judiciously administer what is highest and best for our noble state. I pray today at the opening session of this sovereign government body that everyone in this room recognize their need to depend upon You for the knowledge and the wisdom and the courage to do what is right and just. I pray that they would stand strong against enticements to violate their oath to the people, and they would resist all pressure to put their own interests above the interests of their constituents. I pray that they would all comport themselves with dignity and honor and trustworthiness as they conduct the affairs of state. I pray that they would win not only the respect and admiration of the people of this state, but that they would set an example for state governments everywhere to emulate. I pray, most of all, that each member of this noble body would remember that at the end of the day, they are responsible not just to the voters or the State Constitution, but, more importantly, to Almighty God, who knows every thought and every intent of every heart. I pray these things in the strong name of Jesus. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that rule 3.901 be suspended to allow filming and photographs to be taken from the Gallery. S The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved that rule 3.902 be suspended to allow Supreme Court Chief Justice Robert P. Young, Jr., the guests and families of the Senators, photographers, and the Secretary of the Senate admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that when the Senate adjourns today, it stand adjourned until Tuesday, January 20, at 10:00 a.m. S The motion prevailed. 2 JOURNAL OF THE SENATE [January 14, 2015] [No. 1 Certified List of Senators The following communication was received and read: Department of State November 24, 2014 nclosed, please find a certified listing of the candidates elected to the office of State Senator at the November 4, 2014 E general election. A copy of the official returns certified for the election is also provided for your reference. Please do not hesitate to contact this office if we can be of any further assistance. Sincerely, Christopher M. Thomas Director of Elections United States of America THE STATE OF MICHIGAN DEPARTMENT OF STATE I, Ruth Johnson, Secretary of State and Custodian of the Great Seal of the State of Michigan, certify that the persons named on the attached listing were duly elected at the November 4, 2014 General Election to the Office of State Senator for a term commencing on January 1, 2015 and ending on January 1, 2019, as shown by the official returns certified for the election and placed on file in this office. In witness whereof, I have hereto attached my signature [SEAL] and the Great Seal of the State of Michigan, at Lansing, on November 24, 2014. Ruth Johnson Secretary of State Members-Elect of the Senate District Party 1 Dem 2 Dem 3 Dem 4 Dem 5 Dem 6 Dem 7 Rep 8 Rep 9 Dem 10 Rep 11 Dem 12 Rep 13 Rep 14 Rep 15 Rep 16 Rep 17 Rep 18 Dem 19 Rep 20 Rep 21 Rep 22 Rep 23 Dem 24 Rep 25 Rep Name Coleman A. Young II Bertram C. Johnson Morris W. Hood III Virgil K. Smith David Knezek Hoon-Yung Hopgood Patrick J. Colbeck Jack M. Brandenburg Steven M. Bieda Tory Rocca Vincent Gregory James A. Marleau Marty Knollenberg David B. Robertson Michael W. Kowall Mike Shirkey Dale W. Zorn Rebekah L. Warren Michael L. Nofs Margaret E. O’Brien John M. Proos Joseph R. Hune Curtis Hertel, Jr. Rick Jones Phillip J. Pavlov Address 269 Walker Street, Suite 438, Detroit 48207 36 McLean Street, Highland Park 48203 8872 Cloverlawn Street, Detroit 48204 P.O. Box 21032, Detroit 48221 P.O. Box 867, Dearborn Heights 48127 25953 Labana Woods Drive, Taylor 48180 P.O. Box 871583, Canton 48187 37596 Huron Pointe Drive, Harrison Township 48045 P.O. Box 1311, Warren 48108 12481 Starlite Court, Sterling Heights 48312 19578 San Jose Boulevard, Lathrup Village 48076 3181 Sandoval Drive, Lake Orion 48360 5064 Christy Court, Troy 48098 P.O. Box 181, Grand Blanc 48480 2333 Cumberland Drive, White Lake 48383 11757 Sutfin Road, Clarklake 49234 P.O. Box 2, Ida 48140 234 8th Street, Ann Arbor 48103 5420 Beckley Road #350, Battle Creek 49015 1625 Bellaire Avenue, Portage 49024 2695 Hillview Lane, Saint Joseph 49085 P.O. Box 357, Hamburg 48139 2747 Southwood Drive, East Lansing 48823 P.O. Box 115, Grand Ledge 48837 1577 S. Allen Road, Saint Clair 48079 No. 1] 26 Rep 27 Dem 28 Rep 29 Rep 30 Rep 31 Rep 32 Rep 33 Rep 34 Rep 35 Rep 36 Rep 37 Rep 38 Rep [January 14, 2015] JOURNAL OF THE SENATE Tonya Schuitmaker James Ananich Peter MacGregor David S. Hildenbrand Arlan B. Meekhof Michael Green Kenneth B. Horn Judith K. Emmons Goeffrey M. Hansen Darwin L. Booher Jim Stamas Wayne A. Schmidt Thomas A. Casperson 3 29924 60th Avenue, Lawton 49065 932 Maxine Street, Flint 48503 8209 Vista Royale Lane, NE, Rockford 49341 P.O. Box 1075, Grand Rapids 49501 9128 Oak Creek Lane, West Olive 49460 1500 E. Blackmore Road, Mayville 48744 516 S. Main Street, Frankenmuth 48734 506 E. Carson City Road, Sheridan 48884 4635 N. 68th Avenue, Hart 49420 P.O. Box 971, Evart 49631 P.O. Box 592, Midland 48640 P.O. Box 25, Traverse City 49685 P.O. Box 545, Escanaba 49829 The roll was called by the Secretary of the Senate-elect. District Name   1st Coleman A. Young II   2nd Bertram C. Johnson   3rd Morris W. Hood III   4th Virgil K. Smith   5th David Knezek   6th Hoon-Yung Hopgood   7th Patrick J. Colbeck   8th Jack M. Brandenburg   9th Steven M. Bieda 10th Tory Rocca 11th Vincent Gregory 12th James A. Marleau 13th Marty Knollenberg 14th David B. Robertson 15th Michael W. Kowall 16th Mike Shirkey 17th Dale W. Zorn 18th Rebekah L. Warren 19th Michael L. Nofs District 20th 21st 22nd 23rd 24th 25th 26th 27th 28th 29th 30th 31st 32nd 33rd 34th 35th 36th 37th 38th Name Margaret E. O’Brien John M. Proos Joseph R. Hune Curtis Hertel, Jr. Rick Jones Phillip J. Pavlov Tonya Schuitmaker James Ananich Peter MacGregor David S. Hildenbrand Arlan B. Meekhof Michael Green—excused Kenneth B. Horn Judith K. Emmons Goeffrey M. Hansen Darwin L. Booher Jim Stamas Wayne A. Schmidt Thomas A. Casperson The Secretary of the Senate-elect announced that 37 Senators having answered the roll call, a quorum of the Senate was present. enator Kowall moved that Senator Green be excused from today’s session. S The motion prevailed. Oath of Office The foregoing named Senators took and subscribed to the Constitutional Oath of Office, which was administered by Chief Justice Robert P. Young, Jr., and entered upon the performance of their duties as Senators. enator Kowall moved that rule 3.902(A) be suspended to allow the guest of Senator Hune admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall offered the following resolution: S Senate Resolution No. 1. A resolution notifying the Governor and the House of Representatives that the Senate is ready to proceed with the business of the session. 4 JOURNAL OF THE SENATE [January 14, 2015] [No. 1 Resolved by the Senate, That the Secretary of the Senate inform the Governor and the House of Representatives that a quorum of the Senate is present and that the Senate is ready to proceed with the business of the session. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Brandenburg, Hansen, Horn, Knollenberg, MacGregor, O’Brien, Proos and Stamas were named co‑sponsors of the resolution. enator Kowall offered the following resolution: S Senate Resolution No. 2. A resolution for the adoption of the Standing Rules of the Senate. Resolved by the Senate, That the following rules be and are hereby adopted as the Standing Rules of the Senate: SENATE RULES CHAPTER I - SECTION 1 SENATE ORGANIZATION 1.101 PRESIDING OFFICER a) The Lieutenant Governor shall be the President of the Senate and shall preside over all sessions of the Senate or, in his or her absence, the President pro tempore, Assistant President pro tempore, or Associate President pro tempore shall preside. b) The Lieutenant Governor may vote only when the Senators are equally divided in their vote (see Const. Art. 5, Sec. 25). c) In the absence of the President of the Senate, President pro tempore, Assistant President pro tempore, or Associate President pro tempore, the Secretary of the Senate shall preside until the Senate shall appoint a Senator to act as presiding officer or until the President of the Senate, President pro tempore, Assistant President pro tempore, or Associate President pro tempore shall appear. In the absence of all, or all but one Senator, the Secretary of the Senate shall preside. 1.102 AUTHORITY OF THE PRESIDENT OF THE SENATE a) The presiding officer shall call the Senate to order at the hours provided by the Constitution, by these rules, or at the hour established by the Senate at its last meeting. b) Unless Rule 1.205 b) is in effect, following the invocation and Pledge of Allegiance, the presiding officer shall instruct the Secretary of the Senate to record the attendance. The attendance roll call shall be taken by using the electronic voting system for one (1) minute, except for the first session in January or if the electronic voting system is not operational, the presiding officer shall instruct the Secretary of the Senate to call the roll orally and record and announce the results. 1.103 THE PRESIDENT OF THE SENATE’S CONTROL WITHIN THE CHAMBER The presiding officer shall preserve order and decorum and shall have general control within the Chamber. During every session of the Senate, the Sergeant at Arms is under the direct supervision of the presiding officer. Every question of order and procedure shall be decided by the presiding officer, subject to an appeal by the Senate. 1.104 ELECTION OF SENATE OFFICERS a) A President pro tempore, Assistant President pro tempore, and Associate President pro tempore shall be elected by a vote of a majority of the Senators elected and serving. They shall be elected at the first session of a quadrennium. All officers elected by the Senate are to hold office until their successors are elected and qualified or until the expiration of their term, whichever occurs first. b) Prior to the commencement of the quadrennium session, the majority party shall meet in an organizational caucus and elect a Majority Leader, Majority Floor Leader, Majority Whip, Majority Caucus Chairperson, Assistant Majority Leader, Assistant Majority Floor Leader, Assistant Majority Whip, and Assistant Majority Caucus Chairperson. At a similar organizational caucus, the minority party shall elect a Minority Leader, Minority Floor Leader, Minority Whip, Minority Caucus Chairperson, Assistant Minority Leader, Assistant Minority Floor Leader, Assistant Minority Whip, and Assistant Minority Caucus Chairperson. c) All majority party Senate Officers shall serve at the pleasure of the majority party caucus. All minority party Senate Officers shall serve at the pleasure of the minority party caucus. d) All majority and minority caucuses shall be subject to the provisions of Section 8 of the Open Meetings Act (see MCL 15.268). 1.105 APPOINTMENT OF COMMITTEES a) The Senate Majority Leader shall appoint all committees except when the Senate shall otherwise order. The Senate Majority Leader may appoint subcommittees of standing committees when some of the members of that subcommittee are not also members of that standing committee. Such subcommittees shall contain at least one (1) majority member and one (1) minority member who are members of that standing committee and shall have at least one (1) more majority party member than minority party member. No. 1] [January 14, 2015] JOURNAL OF THE SENATE 5 b) The Senate Majority Leader shall make appointments of minority party members from a list submitted by the Senate Minority Leader, and shall consider the preferences, seniority, and experience of the members in making appointments. The Senate Majority Leader may accept the list submitted by the Senate Minority Leader in whole or in part. If the Senate Majority Leader rejects names on the list and their corresponding committee assignments, the Senate Minority Leader shall submit replacement nominations. c) All appointments to standing and select committees and subcommittees appointed by the Senate Majority Leader shall be subject to the approval of the Senate given by a majority of the Senators elected and serving. All appointments to conference committees shall be effective upon appointment by the Senate Majority Leader until disapproved by the Senate given by a majority of the Senators elected and serving. 1.106 ELECTION OF A SECRETARY OF THE SENATE A Secretary of the Senate shall be elected as an officer of the Senate. The Secretary of the Senate shall take and subscribe to the Constitutional Oath of Office for the true and faithful discharge of the duties of office. The Secretary of the Senate is responsible for the constitutional and statutory duties of this office and is also authorized to sign papers, forms, documents and contracts on behalf of the Senate. 1.107 SENATE PARLIAMENTARIAN The Secretary of the Senate, or a member of the staff of the Secretary of the Senate, shall serve as the Senate Parliamen­ tarian to advise the Senate on questions relating to parliamentary law and procedure. 1.108 SENATE BROADCAST AND WEBCAST The Secretary of the Senate, with the concurrence of the Senate Majority Leader, is authorized to broadcast and webcast Senate session. 1.109 SENATE JOURNALS a) The Secretary of the Senate shall keep a correct Journal of each day’s proceedings of the Senate, supervise its publication, and make corrections from day to day as may be necessary. During the consideration and passage of appropriation bills, the Secretary of the Senate is authorized to correct totals that may have been affected by amendments made to items in the bill. The corrections shall be made in the bill and the Journal. b) The Secretary of the Senate shall have the Journal made available online to the offices of the President of the Senate and Senators daily, and shall make the Journal available to the general public. c) When the Senate goes into Executive Session, the proceedings of the Senate shall be kept in a separate Journal, which shall be open to inspection by Senators only, unless otherwise ordered. Such Journal shall be published after the close of the session, at the end of the regular Journals of the Senate proceedings, unless otherwise ordered by the Senate. 1.110 INTRODUCTION OF BILLS AND JOINT RESOLUTIONS a) All bills and joint resolutions to be introduced shall be submitted to the Secretary of the Senate to be available for introduction on the next succeeding Senate legislative day, and accompanied by eight (8) true copies. Once submitted to the Secretary of the Senate, all bills and joint resolutions become the property of the Senate and cannot be withdrawn. Each bill, conference report, substitute bill and joint resolution shall be approved as to form and numbering of sections by the Legislative Service Bureau prior to being submitted for introduction. Bills and joint resolutions may be submitted for introduction during the interim between sessions. b) Each Senate bill and joint resolution when introduced and each House bill and joint resolution when first received from the House shall be read a first and second time by title. c) Senators may move to co-sponsor a Senate bill or Senate joint resolution when it is in possession of the Senate and not in a Senate committee. The first named member is the sponsor. After final passage of a Senate bill or adoption of a Senate joint resolution, or upon final action on a Senate bill or Senate joint resolution returned from the House, the presiding officer may open the voting board to allow Senators to add their names as co-sponsors. A sponsor or co-sponsor may move to remove his or her name from a Senate bill or Senate joint resolution when it is in possession of the Senate and not in a Senate committee, provided that at least one Senator remains listed as the sponsor. 1.111 NUMBERING, LETTERING AND PRINTING OF BILLS AND JOINT RESOLUTIONS a) The Secretary of the Senate shall assign Senate bill numbers to all Senate bills in the order they are submitted for introduction. All joint resolutions shall be assigned letters in the order they are submitted for introduction. b) The Secretary of the Senate shall attend to the printing or reproduction of all bills, joint resolutions, acts, or documents ordered printed or reproduced by the Senate. The heading of every bill and joint resolution ordered reproduced shall contain the number of the bill or letter of the joint resolution, name of the Senator or Senators introducing the bill or joint resolution, date of introduction, and the name of the committee to which the bill or joint resolution is referred (see Const. Art. 4, Sec. 26). 1.112 ANNOUNCEMENT OF PRINTING AND ENROLLMENT OF BILLS AND JOINT RESOLUTIONS The Secretary of the Senate shall print in the Journal each day the number of all Senate and House bills and letters of all joint resolutions which have been printed or reproduced and distributed to the offices of the President of the Senate and Senators, and the numbers of the Senate bills which have been enrolled and presented to the Governor. 1.113 CARE AND PRESERVATION OF BILLS AND RESOLUTIONS The Secretary of the Senate shall be responsible to the Senate for the care and preservation of every bill and resolution introduced in the Senate and each bill and resolution received from the House, which responsibility shall only be relieved by a receipt from an authorized person. 6 JOURNAL OF THE SENATE [January 14, 2015] [No. 1 1.114 ENROLLMENT OF BILLS AND PRESENTATION TO THE GOVERNOR a) After a Senate bill has passed both Houses, the Secretary of the Senate shall attend to the enrollment printing. The Secretary of the Senate shall present the enrolled bill to the Governor, obtaining a receipt, on which the exact date and time shall be shown for the bill deposited in the Executive Office. b) The Secretary of the Senate may be authorized by a motion to enroll a Senate bill while the Senate is not in session if that bill has passed both Houses and no action is pending. The Secretary of the Senate shall notify the Senate of such action on the next Senate legislative day. c) When a Senate bill is approved by the Governor, the Secretary of the Senate shall obtain a receipt from the Governor’s office verifying the exact date and time the bill was filed with the Secretary of State. At the end of each year, the Secretary of the Senate shall deposit with the Secretary of State the official printed copy of the Senate bill as passed by both Houses and obtain a receipt. 1.115 ENROLLMENT OF JOINT RESOLUTIONS a) After a Senate joint resolution has been adopted by both Houses, the Secretary of the Senate shall attend to the enrollment printing. The Secretary of the Senate shall certify and file the enrolled joint resolution with the Secretary of State and others as directed by the joint resolution. b) The Secretary of the Senate may be authorized by a motion to enroll a Senate joint resolution while the Senate is not in session if that joint resolution has been adopted by both Houses and no action is pending. The Secretary of the Senate shall notify the Senate of such action on the next Senate legislative day. c) When filing an enrolled Senate joint resolution with the Secretary of State, the Secretary of the Senate shall obtain a receipt verifying the exact date and time filed. At the end of each year, the Secretary of the Senate shall deposit with the Secretary of State the official printed copy of the Senate joint resolution as adopted by both Houses and obtain a receipt. 1.116 BILL AND RESOLUTION HISTORY The Secretary of the Senate shall keep a record and index of all bills and resolutions received by the Senate. This record shall include the title, bill or resolution number, joint resolution letter, name of the sponsor and co-sponsor(s) introducing the bill or resolution, name of the committee to which the bill or resolution is referred, and an entry of all action, including the date, taken on the bill or resolution. 1.117 SENATE ADMINISTRATION AND OFFICE BUDGETS a) The Senate Majority Leader shall assign duties to Senate employees not specified by other rules, and shall have final approval authority for all expenses for the operation of the Senate, except as provided by law. b) In the absence of the Senate Majority Leader, the Assistant Majority Leader shall assume the duties and responsibilities of the Senate Majority Leader. c) The Secretary of the Senate shall create a budget with the concurrence of the Senate Majority Leader, discuss it with the Senate Minority Leader and present it to the Committee on Appropriations at the beginning of each budget year. The form of the budget shall parallel, as closely as practical, the departmental budgets presented to the Committee on Appro­ priations. d) The Senate financial records shall be open for public inspection. Upon a request that describes the financial record sufficiently to enable the Senate to find the financial record, a person has a right to inspect, copy, or receive copies of that financial record of the Senate. Documents shall be available for inspection during normal business hours. The Secretary of the Senate shall keep a record of these requests. A copy of the Senate financial records shall be on file with the Secretary of the Senate, who shall have overall authority to administer the Senate financial records under the direction of the Senate Majority Leader. The Secretary of the Senate shall provide to each Senator access to information regarding the status of the Senator’s staff account, office operations account, and committee operations account for any standing committee that he or she chairs. The Senate Majority Leader shall have access to the reports for the accounts of all Senators. 1) The Secretary of the Senate shall serve as the Senate Information Officer to respond to requests for Senate financial records from the public and the media on behalf of a Senator or the Senate. All requests must include the first and last name, mailing address, and phone number of the requester. When the Secretary of the Senate receives a written request for a public record, the Secretary shall immediately, but not more than five (5) business days after the day the request is received unless otherwise agreed to in writing by the person making the request, respond to the request by one (1) of the following: A) Grant the request. B) Issue a written notice to the requesting person denying the request. C) Grant the request in part and issue a written notice to the requesting person denying the request in part. D) Under unusual circumstances, issue a notice extending for not more than ten (10) business days the period during which the Senate shall respond to the request. The Senate shall not issue more than one (1) notice of extension for a particular request. If the Senate fails to respond to the written request within these guidelines, there will be a fine of $250 and all Senate copying and inspection fees shall be waived. No. 1] [January 14, 2015] JOURNAL OF THE SENATE 7 2) As used in this section, “financial record” means a budget, account, contract, purchase order, an expenditure authorization, voucher, check, warrant, lease, audit report, balance sheet, travel voucher, or other such summaries of financial transactions. The following information contained in Senate financial records is exempt from disclosure under this rule: A) Information of a personal nature contained in financial records where the public disclosure of the information would constitute a clearly unwarranted invasion of an individual’s privacy. Such exempt information would include, but not be limited to, the following: (i) An employee’s social security account number, financial institution record, electronic transfer fund number, deferred compensation, savings bonds, W-2 and W-4 forms, and any court enforced judgment. (ii) An employee’s benefit selection. (iii) Telephone bill detail including the telephone number and name of individual called. (iv) Unemployment compensation and workers’ disability compensation records. B) Records and information specifically described and exempted from disclosure under statute or subject to attorneyclient privilege. C) A bid or proposal by a person to enter into a contract or agreement, until the time for the public opening of bids or proposals, or if a public opening is not to be conducted, until the time for the receipt of bids or proposals has expired. D) Commercial or financial information or trade secrets voluntarily provided to the Senate for use in developing government policy if submitted upon a promise of confidentiality by the Senate. E) Communications, notes, and electronic data within the Senate or between the Senate and other public bodies of an advisory nature to the extent that they cover other than purely factual materials and are preliminary to the final Senate determination of policy or action. 3) The Senate may charge a reasonable fee for providing a copy of a financial record. The fee shall be limited to actual mailing costs and to the actual incremental cost of duplication or publication including labor, the cost of search, examination, review, and the deletion of exempt information from nonexempt information. 4) The Senate may also charge a reasonable fee for providing for the inspection of financial records. This fee may include the actual incremental cost of supervising the inspection including labor, the cost of search, examination, review, and the deletion of exempt information from nonexempt information. The Senate may adopt any such other rules and policies as are necessary to provide for the orderly dissemination of materials to the public. e) Each Senator shall be allotted separate budget amounts for the annual staff account and the annual office operations account, as determined by the Senate Majority Leader, to be used on a fiscal year basis. Each standing committee chairperson shall be allotted a separate budget amount for the annual committee operations account, as determined by the Senate Majority Leader. The amounts allocated to these accounts may be adjusted for all Senate offices by the Senate Majority Leader. Any unused amount in a fiscal year shall not be carried into the succeeding year. A Senator shall not exceed the annual limits for each of these accounts without approval of the Senate Majority Leader. f) The Senate Majority Leader shall establish guidelines to allow Senators to transfer a limited amount of funds between their own staff account and their office operations account. 1.118 SECRETARY OF THE SENATE ADMINISTRATIVE DUTIES a) With the approval of the Senate Majority Leader, the Secretary of the Senate shall appoint a staff to conduct the business of the Senate. b) The Secretary of the Senate shall exercise supervisory care and control of the Senate Chamber, all Senate rooms, corridors, furniture, and equipment. Upon approval of the Senate Majority Leader, the Secretary of the Senate shall purchase all necessary furniture, carpet, equipment, postage, supplies, and services for use by the Senate. c) The Secretary of the Senate shall install and maintain any equipment approved for use by the Senate. d) The Secretary of the Senate shall have responsibility for the development and maintenance of a system for preserving records of the Senate and its committees. The Secretary of the Senate shall issue guidelines for the organization and preservation of these records. e) The Secretary of the Senate shall be responsible for keeping the Senate seal and for affixing the Senate seal to official Senate documents, as authorized by the Senate Majority Leader. The Senate seal shall be comprised of the coat of arms of the State of Michigan encompassed by the words: “Senate - State of Michigan”. f) The Secretary of the Senate shall maintain a schedule of Senate committee rooms. g) The Secretary of the Senate shall make and maintain an official tape of all sessions of the Senate. Copies of the official tape shall be made only upon application approved by the Senate Majority Leader. All official tapes of the Senate sessions shall be transferred to the State Archives four years following the end of each biennial session of the Senate. h) The Secretary of the Senate shall compile and maintain a list of appointments by the Governor subject to the advice and consent power of the Senate. This list shall contain the name and function of the office, the holder of the office, the date of appointment, and the expiration date of the officeholder’s term. This list shall be posted on the Senate Website. i) The Secretary of the Senate shall compile and maintain a list of the appointments that the Senate Majority Leader or the Senate Minority Leader are authorized to make to various boards and commissions. This list shall contain the name and function of the office, the holder of the office, the date of appointment, and the expiration date of the officeholder’s term. This list shall be posted on the Senate Website. 8 JOURNAL OF THE SENATE [January 14, 2015] [No. 1 1.119 DUTIES OF THE SERGEANT AT ARMS a) The Sergeant at Arms shall be the chief security officer of the Senate. Under the direction of the Senate Majority Leader, the Secretary of the Senate shall supervise and direct the work of the Sergeant at Arms, Assistant Sergeants at Arms, and may commission the Sergeant at Arms and Assistant Sergeants at Arms, who meet the certification requirements of this state, as law enforcement officers with the powers provided under the Legislative Sergeant at Arms Police Powers Act (see MCL 4.381-4.382). b) The Sergeant at Arms shall attend the Senate during its sessions and maintain order under the direction of the presiding officer. The Sergeant at Arms shall execute the commands of the presiding officer and of the Senate, and all processes issued by authority thereof. c) The Sergeant at Arms shall have general charge, and maintain order, in the gallery, Chamber, and committee rooms of the Senate. The Sergeant at Arms shall see that all staff and visitors are seated. 1.120 EXECUTIVE SESSION On a motion made and carried that the Senate go into executive session, the presiding officer shall direct all persons, except Senators, the Secretary of the Senate, and personnel as authorized by the Senate, to withdraw. The vote of a majority of the Senators voting shall be required on a motion for executive session, except for executive sessions called under Rule 2.104. During an executive session, the doors shall remain closed and every Senator and officer shall keep confidential all proceedings and matters enjoined by order of the Senate (see Const. Art. 4, Sec. 20). CHAPTER I - SECTION 2 MEMBER RESPONSIBILITIES 1.201 OATH OF OFFICE The oath of office to Senators-elect shall be administered following the November general election up to and including the first day of regular session, or as soon thereafter as a Senator-elect may appear. The oath shall be administered by the Lieutenant Governor, a Justice of the Supreme Court, a Judge of the Court of Appeals, or the Secretary of the Senate (see Const. Art. 11, Sec. 1). 1.202 CONTESTED ELECTIONS a) A petition for a recount shall be filed not later than forty-eight (48) hours following the completion of the canvass of the votes cast at an election. A copy of the petition shall be given by the contestant to the Secretary of the Senate (see MCL 168.879). Notice of receipt of the petitions shall be announced by the Secretary of the Senate and printed in the Journal. b) Each contestant requesting a recount shall deposit with the Secretary of State, Bureau of Elections, the amount provided by law for each precinct in which he or she has requested a recount (see MCL 168.881). c) Upon completion of a recount, the Board of State Canvassers shall forward a report of the results to the Secretary of the Senate and the report shall be announced by the Secretary of the Senate and printed in the Journal (see MCL 168.879). d) In the case of two (2) or more persons having equal and the highest number of votes for any office, as canvassed by the Board of State Canvassers, the Board of State Canvassers shall certify the result of the canvass to the Legislature and in joint convention the Legislature shall choose one of said persons to fill the office. When the determination of the Board of State Canvassers is contested, the Legislature in joint convention shall decide which person is elected (see MCL 168.846). 1.203 PROCEDURE FOR EXCLUSION a) A Senator-elect shall not be given the oath of office or seated as a Senator if he or she has been convicted of sub­ version or has, within the preceding twenty (20) years, been convicted of a felony involving breach of the public trust (see Const. Art. 4, Sec. 7) or has within the preceding twenty (20) years, been convicted of a felony involving dishonesty, deceit, fraud, or a breach of public trust and that conviction was related to the person’s official capacity while the person was holding any elective office or position of employment in local, state, or federal government (see Const. Art. 11, Sec. 8). Upon finding by a majority vote of the Senators elected and serving that a Senator-elect has committed an offense within the provisions of this rule, he or she shall be declared to be unqualified for membership in the Senate and his or her office declared vacant. b) Questions arising from challenges to the elections or returns of its members shall be decided by a vote of a majority of the Senators elected and serving (see Const. Art. 4, Sec. 16). In cases of contested elections or returns, notice setting forth the grounds of the contest shall be given by the contestant to the Secretary of the Senate not later than January 7 following the general election, or not later than twenty (20) days following the special election. c) The Senate, with concurrence of two-thirds of its members elected and serving, may expel a member. The reasons for such expulsion shall be printed in the Journal (see Const. Art. 4, Sec. 16). 1.204 EXCUSED ABSENCE The Senate may excuse any Senator from attendance for any stated period, and the excused absence shall be printed in the Journal. The Senate may revoke an excuse at any time. 1.205 SENATORS DEEMED PRESENT UNLESS EXCUSED a) A Senator who answers an attendance roll call or who enters after an attendance roll call and reports his or her presence to the Secretary of the Senate shall be considered present thereafter unless an excused absence is granted. No. 1] [January 14, 2015] JOURNAL OF THE SENATE 9 b) A Senator may be recognized prior to the invocation and the attendance roll call only for the purpose of presenting a motion to adjourn. Should such a motion to adjourn prevail, there shall be no official invocation and attendance roll call for that day. 1.206 COMPENSATION FOR SENATORS The compensation of Senators is determined by the State Officers Compensation Commission, as provided by law. Senators shall not collect from the Senator’s staff account any compensation, expense allowance, or mileage reimbursement. 1.207 FACILITIES FOR SENATORS Each Senator shall be entitled to facilities, equipment, furnishings, and expenses that are necessary to fulfill the duties of office. The location of facilities and the sufficiency of equipment, furnishings, and expenses shall be determined through guidelines issued by the Senate Majority Leader. 1.208 EXPENSE REIMBURSEMENT Expense reimbursement for travel, lodging, meals, registration fees, and related items shall be made in accordance with an established set of regulations as determined and published by the Senate Majority Leader. The regulations shall set forth the guidelines for amounts, methods of payment, and time of payment for such items. When, in the judgment of the Senate Majority Leader, the regulations need revision, the Senate Majority Leader may make the revision upon fifteen (15)-day notice to all Senators. The regulations shall include the following: a) Out-of-state expenses of a Senator, or Senate employee, shall not be paid by the Senate unless a written request has been approved by the parties specified in the regulations and by the Senate Majority Leader, and has been filed with the Secretary of the Senate prior to departure. b) The request shall state the purpose for making the trip, the relevance of the trip to legislative matters, and an estimate of the cost. c) A Senator, or Senate employee, shall file a written and signed post-travel report with the Secretary of the Senate not more than twenty (20) calendar days after returning. These reports shall be retained by the Secretary of the Senate until no longer required by law. If a report is not filed within twenty (20) calendar days after returning, expenses may not be reimbursed by the Senate. Senate funds received in advance of departure shall be returned in full if the report is not filed within twenty (20) calendar days after returning. The report shall include a summary of the relevant legislative information, material pertinent thereto, and itemized expenditures. d) An expenditure for travel by a Senator, or Senate employee, shall not be paid by the Senate unless that expenditure is itemized and receipted (except in cases in which receipts are not ordinarily provided). e) Expenses for out-of-state travel by Senators shall be printed in the Journal on a quarterly basis. f) A Senator, or an employee of a Senator, shall not incur out-of-state travel expenses after the Senator is defeated in a Senate primary or general election, or upon the failure of the Senator to file for election while serving the balance of his or her unexpired term, unless approved by the Senate Majority Leader. 1.209 MAILING a) The mailing or printing at Senate expense of any personal or campaign material is prohibited. b) A Senator, or committee of the Senate, shall not use state funds to mail one thousand (1,000) or more pieces of substan­ tially similar material thirty (30) days or less before a primary or general election, in which the Senator is a candidate. This rule does not apply if the mailing is a summary of a ballot proposal and is approved by the Senate Majority Leader. c) The Senate shall not make payment for a mass mailing sent outside the district of the Senator making the mailing. In determining whether a violation of this rule has occurred, recognition shall be given to established mass mailing tech­ niques. d) The Senate Majority Leader shall develop and disseminate guidelines for printing and mass mailing. e) The cost of pieces mailed by a Senator which were paid for by Senate funds shall be tabulated and recorded by the Secretary of the Senate. CHAPTER I - SECTION 3 LEGISLATIVE CONDUCT AND ETHICS 1.301 LEGISLATIVE CONDUCT Each Senator shall conduct himself or herself to justify the confidence placed in him or her by the people and shall, by personal example and admonition to colleagues, maintain the integrity and responsibility of his or her office. 1.302 ATTENDANCE AND VOTING Every Senator is expected to vote on each roll call vote, unless absent or prohibited from voting by Rule 1.306. A Senator who misses a roll call vote may request that a vote intention be printed in the Senate Journal reflecting how he or she would have voted. 1.303 IMPROPER INFLUENCE A Senator shall not accept anything that will influence his or her official act, decision, or vote. 1.304 CONFLICTING EMPLOYMENT A Senator shall not allow any personal employment to impair his or her independence of judgment in the exercise of his or her official duties. 10 JOURNAL OF THE SENATE [January 14, 2015] [No. 1 1.305 UNDUE INFLUENCE A Senator shall not use his or her influence in any matter that involves substantial conflict between his or her personal interest and his or her duties in the public interest. 1.306 DISCLOSURE AND DISQUALIFICATION A Senator having a personal, private, or professional interest in a bill, of which he or she has knowledge, shall not vote on the bill and shall disclose in writing his or her interest in the bill. A personal, private, or professional interest in a bill is an interest that would provide a benefit particular to a Senator or a benefit particular to any individual or entity to whom the Senator is financially or legally obligated or is personally related. The disclosure shall be filed with the Secretary of the Senate to be printed in the Journal immediately following the record of the vote on the bill. If a Senator votes on a bill that might appear at the time of the vote to provide a benefit particular to that Senator or a benefit particular to any individual or entity to whom the Senator is financially or legally obligated or is personally related, a Senator may submit a statement explaining his or her reasons for voting. The statement shall be printed in the Journal. 1.307 SEXUAL HARASSMENT Sexual harassment of Senators and Senate employees is prohibited and will not be tolerated by the Senate. The Senate Majority Leader shall establish a Senate Majority Leader policy to implement this prohibition. 1.308 SENATE EMPLOYEES AND CONFLICTS Senate employees, including those elected by the Senate or those employees specifically provided for by other Senate rules, shall be accountable to the intent of Chapter I - Section 3 where applicable. 1.309 IMPROPER USE OF STAFF AND FACILITIES a) A Senator shall not convert for personal, business and/or campaign use, unrelated to Senate business, any supplies, services, facilities, or staff provided by the State of Michigan. This includes, but is not limited to, telephones, facsimile machines, computers, postage, and copy machines. b) Personal business and incidental campaign calls, when charged to the state, are clearly contrary to the proper use of these facilities. c) Personal and business calls must be charged to the caller’s residence telephone, personal credit card, special billing number or made from a cellular telephone or pay station. Individuals making unreimbursed personal calls from state facilities shall be subject to appropriate sanctions. d) In situations where it is not possible to utilize any of the methods outlined above to make a personal call, or when other incidental expenses are incurred, the Senate’s operating procedure shall allow reimbursement to the State of Michigan for such calls and expenses. 1.310 ADVISORY OPINIONS All questions relating to the interpretation and enforcement of these rules concerning legislative conduct and ethics shall be referred to the Committee on Government Operations. A Senator who has a question regarding legislative conduct and ethics may submit a factual situation to the Committee on Government Operations with a request for an advisory opinion establishing the standard of public duty. The Committee shall respond to each inquiry. All opinions shall, after hearing, be numbered, dated, and printed in the Journal. No opinion shall identify the requesting Senator without his or her consent. 1.311 PENALTIES FOR VIOLATION If a Senator is alleged to have violated the provisions of the rules regulating ethics and conduct, the Committee on Government Operations shall determine if the facts underlying the allegation are sufficient to merit a hearing. If a hearing is held, the Senator charged with a violation shall be given notice and granted the opportunity to appear at the hearing and be represented by counsel. The determination and any disciplinary action shall be made and taken only by a two-thirds (2/3) vote of the Senators elected and serving on recommendation of the Committee on Government Operations. A Senator determined to have violated the provisions of the rules regulating ethics and conduct may be reprimanded, censured, or expelled. Any actions undertaken under this section shall be separate from any prosecutions or penalties otherwise provided by law. CHAPTER I - SECTION 4 SENATE EMPLOYEES 1.401 EMPLOYEES OF EACH SENATOR a) All Senators may appoint necessary staff in accordance with Senate rules and subject to policies established by the Senate Majority Leader. These employees shall be directly responsible to the Senator. A Senator shall not appoint any employee who is related within the first degree of consanguinity or direct affinity to any Senator elected or serving. A Senator shall not appoint any employee who is related within the second or third degree of consanguinity or direct affinity to any Senator elected or serving without permission of the Senate Majority Leader. b) A person shall not begin employment nor receive any compensation until a Senator has provided the Secretary of the Senate with the necessary information about the employee. c) A Senate employee shall not convert for personal, business and/or campaign use, unrelated to Senate business, any supplies, services, facilities, or staff provided by the State of Michigan. This includes, but is not limited to, telephones, facsimile machines, computers, postage, and copy machines. No. 1] [January 14, 2015] JOURNAL OF THE SENATE 11 d) Personal business and incidental campaign calls, when charged to the state, are clearly contrary to the proper use of these facilities. e) Personal and business calls must be charged to the caller’s residence telephone, personal credit card, special billing number or made from a cellular telephone or pay station. Individuals making unreimbursed personal calls from state facilities shall be subject to appropriate sanctions. f) In situations where it is not possible to utilize any of the methods outlined above to make a personal call, or when other incidental expenses are incurred, the Senate’s operating procedure shall allow reimbursement to the State of Michigan for such calls and expenses. 1.402 COMMITTEE CLERKS Clerks for standing committees (except for the Appropriations Committee) shall serve under the direction of the Senate Majority Leader. The person designated as committee clerk must perform all duties established by the State Constitution and Senate rules and must attend committee clerk training sessions provided by the Secretary of the Senate. 1.403 EMPLOYEE APPOINTMENT The Senate Majority Leader shall appoint employees as may be necessary for the work of the Senate. The Senate Majority Leader shall appoint minority staff employees from a list submitted by the Senate Minority Leader. 1.404 EMPLOYEE COMPENSATION a) Compensation for Senate employees shall be established by each Senator within the limits of the budget guidelines in accordance with Senate rules and subject to policies issued by the Senate Majority Leader. b) The Senate general fund shall not provide more than two (2) benefit packages for the staff of each minority Senator or more than four (4) benefit packages for the staff of each majority Senator unless otherwise determined by the Senate Majority Leader. 1.405 EMPLOYEES AS CANDIDATES Any Senate employee who files a nominating petition or pays a fee for ballot access or files an affidavit of candidacy for a full-time elective office shall be placed on an unpaid leave of absence. 1.406 TERMINATION OF EMPLOYMENT The Senate Majority Leader shall have the right to terminate the services of any employee and the pay of the employee shall stop on the day of dismissal. This rule shall not apply to any employee elected by the Senate or those employees specifically provided for by other Senate rules. CHAPTER II - SECTION 1 COMMITTEE ORGANIZATION 2.101 AUTHORIZATION FOR STANDING COMMITTEES Permanent standing committees and commissions of or appointed by the Senate, when created by rule of the Senate, shall exist and function both during and between sessions (see MCL 4.221). Permanent standing committees and commissions of or appointed by the Senate may by resolution perform and exercise such powers and authority in the interim between sessions as shall be delegated to such committees or commissions in said resolution(s). 2.102 POWERS AND RESPONSIBILITIES OF COMMITTEES a) Any Senator, while acting as a member of a committee, shall have authority to administer oaths to such persons as shall be examined before the committee of which he or she is a member (see MCL 4.85). b) Any committee may, by resolution of the Senate, be authorized to administer oaths, subpoena witnesses, and examine the books and records of any persons, partnerships, or corporations involved in a matter properly before any committee (see MCL 4.101). c) Any witness, or attorney representing a witness, may be punished for contempt by the Legislature (see MCL 4.82 and 4.101), under either of the following circumstances: 1) During a committee investigation and pursuant to a committee subpoena, he or she: a) Refuses to be sworn or testify, or b) Fails on demand to produce any papers, books, or documents in regards to any matter under investigation, or c) Otherwise neglects or refuses to obey the committee subpoena. 2) He or she is guilty of deliberately interfering with the duties and powers of the Legislature while in attendance at a committee hearing. d) Contempt of the Legislature shall be punishable as provided by law (see MCL 4.82 and 4.83). 2.103 STANDING COMMITTEES The standing committees of the Senate shall be: Agriculture (5 members) Appropriations (17 members) Banking and Financial Institutions (7 members) Commerce (5 members) Economic Development (7 members) Education (5 members) Elections and Government Reform (5 members) 12 JOURNAL OF THE SENATE [January 14, 2015] [No. 1 Energy and Technology (10 members) Families, Seniors and Human Services (5 members) Finance (7 members) Government Operations (5 members) Health Policy (10 members) Insurance (9 members) Judiciary (5 members) Local Government (5 members) Michigan Competitiveness (5 members) Natural Resources (5 members) Outdoor Recreation and Tourism (5 members) Regulatory Reform (9 members) Transportation (5 members) Veterans, Military Affairs and Homeland Security (5 members) Statutory standing committees: Administrative Rules (5 members) (see MCL 24.235) Legislative Council (6 members and 3 alternates) (see MCL 4.1103) Legislative Retirement Board of Trustees (2 members) (see MCL 38.1026) Michigan Capitol Committee (4 members) (see MCL 4.1701) 2.104 COMMITTEE ON GOVERNMENT OPERATIONS a) All appointments to office submitted by the Governor, and any other executive business, shall be referred to the Committee on Government Operations. No appointment shall be voted upon until it has been printed in the Journal. 1) Any appointment not disapproved within sixty (60) session days after receipt shall stand confirmed (see Const. Art. 5, Sec. 6). 2) On all appointments to office reported favorably, the question shall be on advising and consenting to the appointment. On all appointments reported unfavorably or without recommendation, the question shall be on the disapproval of the appointment. 3) The vote of a majority of the Senators elected and serving by record roll call vote shall be required to approve or dis­ approve any appointment to office submitted by the Governor. Any appointments considered by the Senate shall be in open session, unless a majority of the Senators elected and serving shall vote in favor of an executive session (see Const. Art. 4, Sec. 19). b) If an appointment is made at a time when the sixty (60) days would lapse during an extended recess of the Senate, the Senate Majority Leader may schedule a session of the Senate for the sole purpose of carrying out the Senate’s con­ stitutional duties to advise and consent on gubernatorial appointments. The Senate Majority Leader shall notify the Secretary of the Senate at least ten (10) calendar days prior to the date of the scheduled session. The Secretary of the Senate shall take all reasonable steps to notify the members of the Senate of the scheduled session. c) Effective upon written notification to the Secretary of the Senate, the chairperson of the Committee on Government Operations may request a Senate standing committee to hold hearings and make written recommendations to the Committee on Government Operations on a gubernatorial appointment or an executive order. The Senate standing committee shall adopt by committee vote a recommendation to the Committee on Government Operations. d) Executive orders issued by the Governor, except those dealing with matters of appropriations or expenditure reductions, shall be referred to the Committee on Government Operations. Any executive order dealing with matters of executive reorganization may be disapproved by a resolution concurred in by a majority of the members elected to and serving in each House within sixty (60) calendar days after receipt at a regular session, or a full regular session if of shorter duration. Unless disapproved within that time, the executive order shall become effective at a date thereafter to be designated by the Governor (see Const. Art. 5, Sec. 2). e) Executive orders dealing with matters of appropriations or expenditure reductions shall be referred to the Committee on Appropriations (see MCL 18.1391). f) The Committee on Government Operations shall receive for review all reports presented by the legislative auditor general. g) Effective upon written notification to the Secretary of the Senate, the chairperson of the Committee on Government Operations may request a Senate standing committee to hold hearings and make written recommendations to the Committee on Government Operations on an auditor general report. The Senate standing committee shall adopt by a committee vote a recommendation to the Committee on Government Operations. 2.105 COMMITTEE CHAIRPERSONS AND TEMPORARY MEMBERS a) The first named member of any committee shall be the chairperson, the second named member shall be the majority vice chairperson, and the remaining members of the committee shall rank in the order in which they are named. The first named member of the minority party shall be the minority vice chairperson. In the temporary absence of the chairperson No. 1] [January 14, 2015] JOURNAL OF THE SENATE 13 and majority vice chairperson, the highest ranking member in attendance shall act as chairperson. When all members of a subcommittee are also members of the standing committee, the committee chairperson shall appoint the subcommittee members. b) In the apparent prolonged absence of a member of a committee, the Senate Majority Leader shall fill the vacancy by appointing a committee member who shall serve until the absent Senator returns. A temporary committee member shall not be appointed chairperson of the committee by the Senate Majority Leader. 2.106 CALLING OF A COMMITTEE It shall be the duty of any committee to meet at the call of the chairperson, or on the written request of a majority of the members of the committee. The call or request must contain the date, time, and place of the meeting. No committee of any status shall sit during a session of the Senate, except during recess, unless leave is granted by the Senate. No committee shall use the Senate Chamber for a public hearing during any regular or special session of the Legislature. 2.107 NOTICE OF MEETINGS AND PUBLIC HEARINGS a) A committee may hold a meeting or public hearing on any bill or resolution referred to the committee and on any issue relevant to the subject matter of the committee. Notice of the meeting or hearing, its subject, date, time, and place, shall be given in writing to the Secretary of the Senate who shall print it in the Journal and on the Senate calendar and post it where appropriate (see Const. Art. 4, Sec. 17). Oral announcement regarding a meeting or public hearing may be given to the Senate during a session by the chairperson, or a member, of the committee holding the meeting or public hearing. b) Notice of all committee meetings and public hearings shall comply with the Michigan Open Meetings Act (see MCL 15.261-15.275). 2.108 COMMITTEE STAFFING In addition to the allocation for staff as provided in Rule 1.117(e), the committee chairperson may appoint additional committee personnel as authorized by the Senate Majority Leader. The Senate Majority Leader may authorize joint utilization of personnel with the House of Representatives and may authorize the Senate to share in the cost. 2.109 COMMITTEE EXPENSES No committee may receive reimbursement for expenses unless authorized by the Senate Majority Leader. A report of committee expenses, prepared by the chairperson and the Secretary of the Senate from the documents on file in the Secretary of the Senate’s office and approved by the chairperson, shall be filed quarterly with the Secretary of the Senate. The report shall include the date, payee, amount, and purpose of the expenditure. The Secretary of the Senate shall print in the Journal that the expense report is on file and open for public inspection. CHAPTER II - SECTION 2 COMMITTEE PROCEDURE 2.201 COMMITTEE QUORUM A quorum of a committee is a majority of the committee. The affirmative vote of a majority of the committee members serving is required to adopt an amendment or substitute to a bill or resolution and to report any matter to the Senate. A member must be present at the time a roll call is taken for his or her vote to count toward the required majority concurrence. 2.202 COMMITTEE RECORDS a) Each committee clerk shall keep a record of the assigned standing committee proceedings, including the date and time of each meeting, the committee members present and absent, and all action on bills and resolutions in the committee with the names and votes of members (see Const. Art. 4, Sec. 17). A member of the committee wishing to explain his or her vote may file a written explanation with the clerk of the committee within two (2) legislative days after the vote is taken, which explanation shall be attached to the minutes. All minutes shall be available for public inspection during reasonable business hours. The committee record of its proceedings shall be transmitted biennially to the Secretary of the Senate within thirty (30) days of the final adjournment of the Legislature. The Secretary of the Senate shall be responsible for the storage of the committee minutes and records of its proceedings, which shall be available for public inspection upon request. b) The committee clerk of each committee shall keep the committee files, recordings, tapes, records, memoranda, or written documents in storage cabinets which are separate from his or her other records. The committee clerk shall provide the Secretary of the Senate with the identification numbers of the storage cabinets containing the committee records. The Secretary of the Senate shall tag the designated storage cabinets and maintain a record of this information. 2.203 COMMITTEE REPORTS a) All committees shall file a report of their activities following each meeting. All reports shall be submitted on a form prescribed and furnished by the Secretary of the Senate. The reports shall include the date, time, and place of the committee meeting, the members in attendance, the vote of each committee member on any bill, resolution, or other business, and the committee’s recommendation on immediate effect for any bill and shall be submitted to the Secretary of the Senate. The committee recommendation for immediate effect shall be considered on House bills at the time of Senate passage and on Senate bills upon their return from the House unless the Senate has previously given the bill immediate effect. All committees shall submit an attendance report to the Secretary of the Senate within two (2) Senate legislative days of the committee meeting. The Secretary of the Senate shall cause all committee reports and attendance reports to be printed in the Journal. 14 JOURNAL OF THE SENATE [January 14, 2015] [No. 1 b) Except for a committee report recommending a substitute, any bill, resolution, or other business reported out of any committee shall be filed with the Secretary of the Senate as soon as possible and not later than 4:00 p.m. on the next calendar day (excluding weekends and holidays). A committee report recommending a substitute shall be filed not later than 4:00 p.m. on the second calendar day (excluding weekends and holidays). The Secretary of the Senate shall have the authority to retrieve any report not filed by these deadlines. c) If a bill, joint resolution or other business is reported back to the Senate with the recommendation that it be referred to a second committee, the reported bill, joint resolution or other business, and any amendments, shall be referred to that committee in accordance with Rule 3.106. d) All business not reported by a committee shall be returned to the Secretary of the Senate at the conclusion of each biennium. 2.204 ITEMS REPORTED WITHOUT RECOMMENDATION All items reported without recommendation, with or without amendments, by any committee shall lie on the table unless otherwise ordered by the Senate. To take from the table any item placed on the table in this manner shall require the vote of a majority of the Senators elected and serving. 2.205 MANUAL OF COMMITTEE PROCEDURE The rules of parliamentary law and practice in the most recent edition of Mason’s “Manual of Legislative Procedure” shall govern committee procedure in all cases except when they are inconsistent with the standing rules and published precedents of the Senate and its committees. 2.206 COMMITTEE TELEVISING, WEBCASTING AND CONDUCT a) Senate committee meetings may be taped, televised live or webcast through the equipment operated by the Secretary of the Senate staff. b) No person shall engage in any conduct during a Senate committee meeting which undermines the decorum of the meeting. All individual electronic devices during a committee meeting shall be turned off or left on non-audible alert. Failure to follow a warning issued by the chairperson may result in the device(s) being confiscated upon direction of the committee chairperson for the remainder of the meeting. CHAPTER III - SECTION 1 ORDER OF BUSINESS 3.101 TIME OF SESSION The Senate shall convene at 10:00 a.m. Tuesday through Thursday except on state holidays, unless otherwise ordered by the Senate. 3.102 ORDER OF BUSINESS The order of business of the Senate shall be as follows:   1. Call to Order   2. Invocation   3. Pledge of Allegiance   4. Attendance Roll Call   5. Motions and Communications   6. Messages from the Governor   7. Messages from the House   8. Conference Reports   9. Third Reading of Bills 10. General Orders 11. Resolutions 12. Introduction and Referral of Bills 13. Statements 14. Adjournment 3.103 CHANGE OF ORDER OF BUSINESS The Senate may change, bypass, or return to any order of business at any time by the consent of a majority of those voting. 3.104 QUORUM OF THE SENATE a) A majority of Senators elected and serving shall constitute a quorum (see Const. Art. 4, Sec. 14). b) Routine business on which no vote of the Senate is required may be disposed of on any day, with or without a quorum present, and proper entries shall be printed in the Journal. c) In the absence of a quorum, a motion is in order to order a Call of the Senate, recess or adjourn. 3.105 COMMUNICATIONS TO THE SENATE The Secretary of the Senate shall compile official communications received by the Senate and shall make them available to all Senators. The presiding officer shall refer all communications which are informational only, to the Secretary of the Senate in one order for their printing in the Journal. No. 1] [January 14, 2015] JOURNAL OF THE SENATE 15 3.106 COMMITTEE REPORTS ON THE CALENDAR a) All committee reports in the possession of the Secretary of the Senate shall be placed on the Senate calendar under the heading of Committee Reports. The Senate calendar shall be closed for printing at 4:00 p.m. on Tuesday, Wednesday and Friday. If a Senate committee is scheduled to meet on a Friday, Saturday or Sunday, the Senate calendar for a Tuesday session shall be closed for printing at 9:30 a.m. on Monday. If there is a Friday session, the calendar shall be closed at 4:00 p.m. on Thursday. If Monday is a state holiday, the Senate calendar for Tuesday shall be closed for printing on Friday at 12:00 noon. b) A Senator may object to a committee report on the basis of its sufficiency or proper authorization. The presiding officer shall place the objection before the Senate for its decision. c) All committee reports shall be laid over one (1) day. After one session day a committee report shall be considered accepted and the item shall be referred as appropriate. 3.107 RESOLUTION CONSENT CALENDAR a) The Senate Majority Floor Leader and the Senate Minority Floor Leader or members who are their designees shall jointly compile a list to be known as the resolution consent calendar. It shall consist of Senate resolutions, Senate concurrent resolutions, and House concurrent resolutions which do not require committee referral and consideration, and the adoption of which may be accomplished by a majority of those voting. Resolutions which are subject to the voting requirements of Senate Rule 3.501, or governed by a voting requirement in statute, shall not be placed on the resolution consent calendar. b) Resolutions on the consent calendar shall be disposed of in a single vote. Before stating the question of adoption of the consent calendar, the presiding officer shall ask if there are objections. The objection of any Senator to the placement of one (1) or more items on the resolution consent calendar shall result in the removal of the stated item or items from that calendar. CHAPTER III - SECTION 2 INTRODUCTION OF BILLS 3.201 FIVE DAYS’ POSSESSION No bill shall be passed or become law at any regular session of the Legislature until it has been printed or reproduced and in possession of the Senate for at least five (5) days (see Const. Art. 4, Sec. 26). 3.202 BILLS AND RESOLUTIONS AMENDED BY THE HOUSE All bills, joint resolutions and concurrent resolutions returned by the House with amendments shall be laid over one (1) day. Consideration of bills and joint resolutions shall be resumed the following day under the same order of business. Consideration of resolutions shall be resumed the following day under the order of Resolutions. 3.203 REFERRAL OF BILLS AND RESOLUTIONS a) The Senate Majority Leader shall refer all bills and joint resolutions to a standing committee no later than one (1) Senate legislative day after being submitted to the Secretary of the Senate. The presiding officer shall announce the reference of all bills and joint resolutions. b) A bill introduced pursuant to the timely filing of a notice of objection by the Joint Committee on Administrative Rules to a proposed administrative rule shall be read twice and placed on the Senate calendar under the order of business of General Orders (see MCL 24.245a(3)). c) The Senate Majority Leader may change the original referral of a bill or resolution by oral notice to the Senate or written communication submitted to the Secretary of the Senate before the end of session on the next Senate legislative day following the day of the original referral. Notices of the written communication shall be announced by the Secretary of the Senate during session and both oral and written notifications shall be printed in the Journal. d) It shall be in order at any time before the final passage of any bill or the adoption of any resolution to move its commitment or recommitment to committee. e) The vote of a majority of the Senators elected and serving shall be required to discharge a committee from further consideration of any item referred to that committee. 3.204 RESOLUTIONS a) All resolutions shall be accompanied by nine (9) true copies. Resolutions which are not subject to provisions in other Senate rules shall be read once by title to the Senate, and referred to the Committee on Government Operations. Once submitted to the Secretary of the Senate, resolutions become the property of the Senate and shall remain in the possession of the Secretary of the Senate. Concurrent resolutions shall be transmitted to the House on adoption. b) Once a resolution is submitted to the Secretary of the Senate, any Senator and the President of the Senate wishing to co-sponsor it shall complete a form provided by the Secretary of the Senate. A member must be present and specifically request to be named as a co-sponsor of a resolution. After adoption of a Senate resolution, the presiding officer may open the voting board to allow Senators to add their names as co-sponsors. c) After a Senate concurrent resolution has been adopted by both Houses and is returned to the Senate, the Secretary of the Senate is authorized to order the printing of the concurrent resolution unless amended by the House or otherwise directed by the Senate. 16 JOURNAL OF THE SENATE [January 14, 2015] [No. 1 3.205 PRINTING All bills and joint resolutions shall be printed or reproduced after introduction unless otherwise ordered by the Senate. No bill or joint resolution shall be reported from a standing committee until it has been printed or reproduced. 3.206 THE BILL TITLE The title of a bill shall include: a) The object of the bill, and b) A reference to the section(s), act, and compilation numbers when amending any act which has been compiled. 3.207 THREE SEPARATE READINGS Every bill and joint resolution shall receive three (3) separate readings prior to its being passed or adopted. The presiding officer shall announce whether it is the first, second, or third reading. The first and second readings may be by title only. The third reading of a bill or joint resolution shall be in full unless otherwise ordered unanimously by the Senate. The third reading of a bill or joint resolution shall be on a day subsequent to that on which it is read a second time or is reported by the Committee of the Whole (see Const. Art. 4, Sec. 26). 3.208 INITIATIVE PETITIONS a) Initiative petitions received by the Secretary of the Senate from the Secretary of State shall be stamped with the date and time measured in hours and minutes. The Secretary of the Senate shall deliver the initiative petition to the Senate Majority Leader to be available for referral to committee on the next Senate legislative day (see Const. Art. 2, Sec. 9). b) Each initiative petition, when introduced, shall be read a first and second time by title and referred to committee. When reported out of committee, each initiative petition shall be placed on the order of Third Reading of Bills. c) Any law proposed by initiative petition shall be either enacted or rejected by the Legislature without change or amendment within forty (40) calendar days from the time such petition is received in the office of the Secretary of the Senate (see Const. Art. 2, Sec. 9). d) If the Senate rejects an initiative petition, the Senate may propose a different measure on the same subject by a yea and nay vote on separate roll calls. If the different measure is passed by both Houses of the Legislature, both measures shall be submitted to the electors for approval or rejection at the next general election (see Const. Art. 2, Sec. 9). CHAPTER III - SECTION 3 MOTIONS 3.301 RECOGNITION The presiding officer shall recognize Senators to speak in the order in which they press their “request to speak” button, except when a Senator seeks recognition to introduce guests or to raise a point of order. A Senator, when recognized, shall address the presiding officer, standing at the microphone nearest to his or her desk. 3.302 PRECEDENCE OF MOTIONS The following motions shall take precedence in the order listed: 1. To fix the time to which to adjourn 2. To adjourn 3. To take a recess 4. To lay on the table 5. For the previous question 6. To postpone to a day certain 7. To commit or recommit to committee 8. To amend 9. To postpone indefinitely 3.303 MOTION IN WRITING No motion shall be debated until stated by the presiding officer or Chair. Any motion shall be reduced to writing on demand of the presiding officer, Chair or any Senator. The written motion shall be presented to the Secretary of the Senate and read before it is debated. 3.304 MOTION WITHDRAWAL Any motion may be withdrawn by the maker of the motion before it is amended or adopted. 3.305 NONDEBATABLE MOTIONS a) The motions to adjourn, to recess, to reconsider, to lay on the table, for the previous question, to suspend the rules, and all questions relating to the priority of business shall be decided without debate. b) A nondebatable motion is not in order if the Senator, making the motion, speaks immediately before offering the motion, except a member may explain an amendment and then move to withdraw it from consideration. 3.306 CONSIDERATION FOLLOWING A RECESS When a recess is taken during the pendency of any question, the consideration of the question shall be resumed on the reassembling of the Senate. 3.307 MOTION TO LAY ON THE TABLE A motion to lay on the table shall carry with it all pending subsidiary questions except in case of laying an appeal or a motion to reconsider on the table. A motion taken from the table shall be divested of all subsidiary motions except motions No. 1] [January 14, 2015] JOURNAL OF THE SENATE 17 to amend. The vote of a majority of the Senators elected and serving shall be required for a motion to remove any item from the table. Items laid on the table must first be removed from the table before they are eligible for further consideration by the Senate. 3.308 MOVE THE PREVIOUS QUESTION a) Any Senator may move the previous question. The previous question shall be ordered by a majority of the Senators voting. The motion for the previous question may be limited by the mover to one or more of the questions preceding the main question. The effect of ordering the previous question shall be to close debate instantly, bringing the Senate to an immediate vote on the pending question or questions in their regular order. If the previous question is ordered on the third reading of a bill or joint resolution, only amendments to the bill or joint resolution that have been filed with the Secretary of the Senate prior to the motion calling for the previous question shall be considered, but the amendments shall not be debated. The yeas and nays may be demanded on any vote taken while the previous question is in effect. b) A motion to reconsider is in order under operation of the previous question before voting is completed on all pending items affected by the previous question. c) A motion for a Call of the Senate shall not be in order after the previous question has been ordered. No Senator shall dissent orally by making a statement of protest while the previous question is in effect. The previous question having been ordered, any question of order or appeal from the decision of the presiding officer shall be decided without debate. 3.309 MOTION TO DIVIDE Any Senator may call for a division of the question. If supported by a majority of the Senators voting, the question shall be divided providing it contains propositions sufficiently distinct in substance that, if one is taken away, a substantive proposition remains for the decision of the Senate. 3.310 MOTION TO STRIKE OUT AND INSERT A motion to amend by striking out and inserting other words shall be indivisible. However, the words proposed to be struck out or inserted may be amended. 3.311 MOTION TO RECONSIDER a) No motion for the reconsideration of any vote shall be in order unless: 1) The subject matter on which the vote was taken is in the possession of the Senate, and 2) It is made on the same day the vote is taken or within the next two (2) Senate legislative days. b) The same question shall not be reconsidered more than once. c) The vote of a majority of the Senators elected and serving shall be required to reconsider the vote by which any bill or joint resolution was passed or adopted or the vote by which an amendment or substitute (but not an amendment to an amendment or a substitute) was adopted on Third Reading by the Senate. d) A motion to reconsider may be laid on the table. The tabling of a motion to reconsider the vote by which any bill or joint resolution failed to pass or be adopted by the Senate shall require the vote of a majority of the Senators elected and serving and shall postpone indefinitely the consideration of the bill or joint resolution. e) Tabling of a motion to reconsider shall not carry with it the original question but shall be a refusal to reconsider. It shall not be in order to take from the table a motion to reconsider, nor shall the vote whereby any motion to reconsider was laid on the table be reconsidered. 3.312 INDEFINITE POSTPONEMENT To postpone indefinitely further consideration of any bill, resolution, or other matter shall require the vote of a majority of the Senators elected and serving, and the vote on such a motion shall not be reconsidered. 3.313 MOTION FOR CALL OF THE SENATE A Call of the Senate during session shall be ordered by a majority of the Senators voting whether a quorum or not. After a Call of the Senate is ordered, the doors shall be closed and the Senators shall not be permitted to leave the Senate floor without permission of the Senate. The roll of the Senate shall be taken by the Secretary of the Senate and the absentees noted. The Sergeant at Arms, or persons duly empowered by a majority of the Senators voting, may be dispatched and may arrest any or all of the Senators absent without leave. CHAPTER III - SECTION 4 AMENDMENTS 3.401 TWO READINGS BEFORE AMENDMENT No bill or joint resolution shall be amended until it has been read twice. 3.402 AMENDMENTS ON THIRD READING a) The vote of a majority of the Senators elected and serving shall be required to adopt any amendment on Third Reading. b) If a series of amendments is offered to a bill or joint resolution and it becomes obvious the amendments are being used as a basis of obstruction, a motion may be made that the amendments be declared obstructive and the motion shall not be debatable. If the motion prevails, the amendments shall be read en bloc and a single vote shall be taken immediately on all of the amendments. In this case, no division of the question shall be allowed. 3.403 PRINTING OF AMENDMENTS IN THE JOURNAL a) No bill or joint resolution which has been reported with amendment or amendments by any committee shall be considered in Committee of the Whole until the amendment or amendments have been printed in the Journal. No bill or 18 JOURNAL OF THE SENATE [January 14, 2015] [No. 1 joint resolution amended in Committee of the Whole shall be considered on Third Reading of Bills until all amendments made in Committee of the Whole have been printed in the Journal. b) All amendments shall be submitted in writing and with six (6) copies and all substitutes shall be submitted with five (5) copies. CHAPTER III - SECTION 5 VOTING PROCEDURE 3.501 ACTIONS REQUIRING AN EXTRAORDINARY MAJORITY Action by the Senate on the following matters shall require a vote of two-thirds (2/3) of the Senators elected and serving except as otherwise noted: a) Amendment or Repeal of Initiated Law, three-fourths (3/4) of the Senators elected and serving (Const. Art. 2, Sec. 9) b) Expulsion of Member (Const. Art. 4, Sec. 16) c) Immediate Effect (Const. Art. 4, Sec. 27) d) Local or Special Act (Const. Art. 4, Sec. 29) e) Private or Local Purpose Appropriation (Const. Art. 4, Sec. 30) f) Overriding Veto (Const. Art. 4, Sec. 33) g) Bank and Trust Company Law (Const. Art. 4, Sec. 43) h) Courts of Limited Jurisdiction (Const. Art. 6, Sec. 1) i) Removal of Judge (Const. Art. 6, Sec. 25) j) State Borrowing (Const. Art. 9, Sec. 15) k) State Land Reserve Designation (Const. Art. 10, Sec. 5) l) Rejection or Reduction of Civil Service Pay Increases (Const. Art. 11, Sec. 5) m) Amendments to Michigan Constitution (Const. Art. 12, Sec. 1) n) Mackinac Bridge Bonds Refunding (Const. Schedule, Sec. 14) o) Amendments to increase the February 1, 1994 statutory limits on the maximum amount of ad valorem property taxes that may be levied for school district operating purposes, three-fourths (3/4) of the Senators elected and serving (Const. Art. 9, Sec. 3) 3.502 MAJORITY VOTE ON QUESTIONS SHORT OF THE FINAL QUESTION When a bill or joint resolution requires, pursuant to the Constitution, the concurrence of more than a majority of the Senators elected and serving, the concurrence of such majority shall not be requisite to decide any question for amendment or relating to the merits, being short of the final question, except on the question of the adoption of a conference report, concurring in House amendments, or receding from Senate amendments to any such bill or joint resolution returned from the House to the Senate for final action. 3.503 FINAL PASSAGE BY REQUIRED VOTE a) The vote on the final passage of any bill or the adoption of any joint resolution, including a joint resolution ratifying a proposed amendment to the federal Constitution, shall be taken by a record roll call vote, which shall be printed in the Journal (see Const. Art. 4, Sec. 26). b) When any bill or joint resolution receives the constitutionally required assent, that fact shall be certified on the bill or joint resolution by the Secretary of the Senate. c) When a bill is given immediate effect by a two-thirds (2/3) vote of the Senators elected and serving, that action remains in effect as the bill proceeds through the legislative process, unless the vote for immediate effect is reconsidered and defeated. 3.504 DEMAND FOR RECORDED VOTE The record of the votes and names of the Senators voting on any question shall be printed in the Journal at the request of one-fifth (1/5) of the Senators present (see Const. Art. 4, Sec. 18), except during the Committee of the Whole. 3.505 VOTING a) After a question is stated by the presiding officer or Chair, no motion shall be in order and no Senator shall be entitled to speak until the roll call is finished and the result is declared. b) The electronic voting system shall be used, if operational, to determine the question before the body when the vote is taken by roll call or by division, and shall display the votes of each Senator and the running total. At the direction of the presiding officer, the Secretary of the Senate shall immediately activate the electronic voting system for one (1) minute for a roll call vote, after which the vote shall be closed and no further votes shall be entered in the record. If all Senators present have voted before one (1) minute has elapsed, the presiding officer may ask Senators if there is objection to closing the vote. If no Senator objects, the presiding officer shall instruct the Secretary of the Senate to close the board immediately and record the vote. c) The presiding officer or Chair may close a division vote at his or her discretion when it appears that all members present have had a reasonable opportunity to vote. d) If the electronic voting system is not operational, the presiding officer or Chair shall direct the Secretary of the Senate to conduct a roll call or a division vote orally, and to announce the results and record the roll call. No. 1] [January 14, 2015] JOURNAL OF THE SENATE 19 e) A Senator shall not vote for another Senator. A person not a Senator shall not vote for any Senator. In addition to penalties prescribed by law, any Senator may be punished as the Senate may determine for voting for another Senator. If a person not a Senator votes or attempts to vote, he or she, in addition to penalties prescribed by law, shall be barred from the Senate floor for the remainder of the day’s session and may receive further punishment as the Senate Majority Leader deems proper. 3.506 A SENATOR’S RIGHT TO DISSENT a) A Senator may dissent from or protest against any act, proceeding, or resolution which he or she believes is injurious to any person or the public, and have the reason for his or her dissent printed in the Journal (see Const. Art. 4, Sec. 18). b) A Senator may dissent orally by making a statement of protest, unless the previous question is in effect, which shall not be limited in length, or by moving that a statement made personally during session on any order of business other than during the Committee of the Whole be his or her protest. A Senator may also dissent by concurring with another Senator’s protest or statement previously moved to be printed in the Journal during that day’s session. Dissent statements not made during the debate preceding or immediately following the vote from which a Senator is dissenting shall be made under the order of business of Statements. c) A Senator may dissent in writing not to exceed one thousand (1,000) words if: 1) He or she gives oral notice during session of an intent to file a written protest, and 2) On that day or prior to the end of session on the next Senate legislative day, a signed copy of the written protest is placed on each Senator’s desk and filed with the Secretary of the Senate, and 3) No objections are raised and sustained by the end of session on the first Senate legislative day following the day oral notice was given. d) All protests submitted in any of the above manners shall be printed in the Journal, except the Senate may refuse to print statements or material containing insulting and contemptuous matter under the guise of a protest. e) No statement of any Senator shall be printed in the Journal unless moved by that Senator. 3.507 ANNOUNCEMENTS AND STATEMENTS a) Announcements may be made during any order of business. Announcements are remarks concerning the session schedule, committee meetings, introduction of guests, congratulations, condolences or illness, requests to co-sponsor bills and resolutions, requests to be removed as a sponsor or co-sponsor of bills and resolutions, past vote intentions, or inten­ tions of introducing legislation or resolutions. Announcements also include memorial remarks concerning the passing of individuals and may be made during any order of business except General Orders. b) Statements on topics, issues or items not properly before the Senate shall be made during the order of business of Statements. Dissent statements may be made under the order of business of Statements. c) A Senator is limited to one (1) statement each day under the order of business of Statements, except for dissent statements which are unlimited in number. d) Each statement shall be limited to five (5) minutes orally or, if submitted in writing, shall be no greater than one thousand (1,000) words, except an oral dissent statement made on the order of Statements shall not be limited in length. e) With the leave of the Senate, the President of the Senate may request that a statement made by the President be printed in the Journal. CHAPTER III - SECTION 6 APPROPRIATION BILLS 3.601 GENERAL APPROPRIATION BILLS The general appropriation bills for the succeeding fiscal year covering items set forth in the budget shall be passed or defeated in the Senate before it passes any appropriation bill for items not in the budget, except bills supplementing appropriations for the current fiscal year’s operation (see Const. Art. 4, Sec. 31). 3.602 BILLS REQUIRING APPROPRIATIONS Any bill containing an appropriation to carry out its purpose shall be considered an appropriation bill (see Const. Art. 4, Sec. 31). Appropriation bills, when reported back to the Senate favorably by a committee other than the Committee on Appropriations, shall, together with amendments proposed by that committee, be referred to the Committee on Appropriations for consideration. 3.603 ESTIMATED REVENUE One (1) of the general appropriation bills as passed by the Senate shall contain an itemized statement of estimated revenue by a major source in each operating fund for the ensuing fiscal year, the total of which shall not be less than the total of all appropriations made from each fund in the general appropriation bills as passed. CHAPTER III - SECTION 7 COMMITTEE OF THE WHOLE 3.701 FAVORABLE REPORTS All bills and joint resolutions reported back to the Senate favorably shall be referred to the Committee of the Whole with amendments, if any, proposed by the committee, which amendments shall be considered first by the Committee of the Whole. Any bill or joint resolution may, after having been reported favorably to the Senate by a committee, be referred to a second committee. If the second committee reports the bill or joint resolution back to the Senate, the report 20 JOURNAL OF THE SENATE [January 14, 2015] [No. 1 shall include amendments, if any, that were recommended by the first committee. The reported bill or joint resolution, and any amendments, shall be referred to the Committee of the Whole. 3.702 BUSINESS IN ORDER When the Senate resolves itself into the Committee of the Whole, General Orders shall be the only matter of business which shall be in order until the Committee rises. 3.703 BILLS AND JOINT RESOLUTIONS CONSTITUTING GENERAL ORDERS a) Bills and joint resolutions referred to the Committee of the Whole shall constitute General Orders and shall be considered in the Committee of the Whole on a day subsequent to such referral in the order of their reference, unless the Senate or the Committee of the Whole otherwise determines. b) No bill or joint resolution shall bypass consideration by the Committee of the Whole. 3.704 CHAIRPERSON OF THE COMMITTEE OF THE WHOLE The presiding officer shall, when the Senate resolves itself into the Committee of the Whole, designate a Senator as chairperson of the Committee, unless otherwise ordered by the Senate. Senators shall be designated alphabetically. The Majority and Minority Floor Leaders shall submit to the Secretary of the Senate names of designees for members of their respective caucuses when they are unable to serve. 3.705 RULES IN THE COMMITTEE OF THE WHOLE a) The rules of the Senate shall be observed in the Committee of the Whole so far as may be applicable, except limiting debate, ordering the previous question, suspension of rules, or taking the yeas and nays. However, no speech shall exceed five (5) minutes. A motion that the Committee rise shall always be in order and decided without debate. Motions in the Committee of the Whole recommending action by the Senate shall take precedence in the same order as identical motions made during a session of the Senate. Motions to recess or reconsider are in order in the Committee of the Whole. b) No statement made during the Committee of the Whole shall be printed in the Journal. c) In the event the Senate is in session in the Committee of the Whole at 11:55 p.m., it shall be the duty of the chairperson to declare the Committee of the Whole to have risen. The Committee of the Whole shall automatically rise and the presiding officer of the Senate shall resume the chair. 3.706 BILLS ORDERED TO THIRD READING All bills and joint resolutions recommended for passage or adoption by the Committee of the Whole shall be placed on Third Reading of Bills by the Secretary of the Senate, and shall be taken up in the same order as they were advanced to the order of Third Reading of Bills unless otherwise ordered by the Senate. CHAPTER III - SECTION 8 PARLIAMENTARY PROCEDURE 3.801 AUTHORITY AND PRECEDENCE OF SENATE RULES a) The principal sources of authority for Senate rules are, in the order of precedence, as follows: 1) Constitutional Rules 2) Fundamental Legal Principles 3) Statutory Rules 4) Adopted Rules 5) Adopted Parliamentary Authority 6) Parliamentary Law 7) Customs and Usages 8) Judicial Decisions Judicial decisions have the lowest precedence of the sources cited except to the extent they are interpretations of rules from one (1) of the other sources. In those instances, they take the same precedence as the source which is interpreted. b) Rules from the source with the higher precedence prevails when there are conflicts between rules from different sources. 3.802 MANUAL OF LEGISLATIVE PROCEDURE The rules of parliamentary practice in the most recent edition of Mason’s “Manual of Legislative Procedure” shall govern all cases except when they are inconsistent with the Standing Rules and precedents of the Senate. 3.803 RULES OF A NEWLY CONVENED SENATE The Senate rules which are in effect when the Senate adjourns sine die in an even numbered year shall be the temporary rules of the Senate when it convenes at twelve o’clock noon on the second Wednesday in January of the following odd numbered year and shall remain in effect until other temporary or permanent rules are adopted (see MCL 4.42). 3.804 AMENDMENT OR REPEAL OF SENATE RULES The repeal or amendment of any rule shall be accomplished only by resolution. All proposed amendments or repeals of Senate rules shall be referred to the Committee on Government Operations for consideration. The adoption of a proposed resolution for the repeal or amendment of any rule shall require a majority of the Senators elected and serving. 3.805 SUSPENSION OF RULES The suspension of any Senate rule or adopted parliamentary authority shall require a majority of the Senators elected and serving. No. 1] [January 14, 2015] JOURNAL OF THE SENATE 21 CHAPTER III - SECTION 9 PRIVILEGE AND CONDUCT ON THE FLOOR 3.901 MEMBERS OF THE MEDIA Members of the media shall register with the Secretary of the Senate and may have their registration reviewed at any time. The following provisions shall govern the registration process: 1) A member of the media shall be defined as a person employed by or working as: a) A newspaper (as defined by U.S. postal regulations); b) A broadcast station licensed by the Federal Communications Commission, or a network serving one or more licensed broadcast stations; c) A cable television system with a franchise granted by a Michigan unit of government, or a network serving one (1) or more franchised cable systems; d) A wire service; or e) An independent contractor on assignment to report state government news for an organization described above. 2) A visiting member of the media shall register on a daily basis at least thirty (30) minutes before the start of session with the Secretary of the Senate. 3) The Secretary of the Senate may, under special circumstances, register representatives of the media not defined above if it is determined to be in the public interest. 4) Technicians for broadcast/cable stations shall also be registered when accompanying members of the media and shall be subject to the same rules. 5) The Secretary of the Senate may revoke the registration of any member of the media for cause. Cause shall include, but not be limited to, a change in employment status, lobbying or acting as a lobbyist agent, disrupting Senate proceedings, or refusing to comply with Senate rules or the directives of the presiding officer, Senate Majority Leader, or Secretary of the Senate. A decision to revoke registration may be appealed to the Committee on Government Operations. 6) Members of the media may talk with only a currently-serving State Senator or a member of their staff in the front entry or the hallway behind the Senate rostrum. Members of the media, notwithstanding Senate Rule 3.902, may leave the media’s designated area and talk with only Senators or a member of their staff in the Chamber immediately following adjournment. 7) Members of the media shall enter from the north main door or the two (2) south doors on either side of the rostrum and shall proceed directly to the areas designated for the media. If a member of the media enters through the north main door, he or she shall proceed directly to the areas designated for the media using the east or west side aisles only. Members of the media shall not enter the cloak room or the restrooms of the Senate Chamber. 8) Members of the media may film, videotape, or photograph the Senate session from the media’s designated area. During the first twenty (20) minutes after the attendance roll call, with permission from the Senate, members of the media shall be allowed to film, videotape, or photograph from along the full length of the east and west side aisles. 9) A member of the media, including a broadcast technician, shall be entitled to record Senate session as long as it does not disrupt the proceedings of the Senate. “Record” shall mean videotaping, photographing, filming, taping, or electronically transmitting Senate proceedings or activities on the Senate floor when the Senate is in session. 3.902 FLOOR PRIVILEGE AND CONDUCT A) A session of the Senate shall be defined, for the purposes of this rule, as any period of time when the Senate is in session, any recess, and any fifteen (15)-minute period before the Senate convenes and five (5) minutes after it adjourns. The Senate floor is defined as the Senate Chamber and adjoining Rooms S212, S204 (E. Lakin Brown Room), S204A, S201, and S207. Access to the Senate floor shall be restricted as outlined below during any session of the Senate, except that members of the public are permitted in Room S204 when a scheduled press conference is held there during session. 1) No person, other than the following, shall be admitted to the Senate floor: a) Senators or Representatives b) The President of the Senate c) The Governor d) Senators or Representatives in Congress e) Former Michigan Legislators f) The Secretary of the Senate and his or her support staff g) Legislative staff as authorized in guidelines issued by the Senate Majority Leader h) One representative of the Governor, which shall include the Attorney General or their staff and the Secretary of State and their staff i) Members of the immediate family of a Senator or the President of the Senate j) Registered members of the media pursuant to Rule 3.901 k) A guest who has been invited by a Senator to offer the invocation, and an immediate family member of that guest. 2) No registered lobbyist or lobbyist agent, including former Legislators, shall be allowed on the Senate floor. They shall not be allowed in the hallway behind the Senate rostrum, unless en route to or from the Lieutenant Governor’s Office (S215) or the Elijah Myers Room (S208). 22 JOURNAL OF THE SENATE [January 14, 2015] [No. 1 3) A former Legislator shall not lobby on the Senate floor, except if they are admitted under Senate Rule 3.902 A) 1) g) or h). B) No person shall engage in any conduct on the Senate floor during any session of the Senate which undermines the decorum of the Senate. All persons who are admitted to the Senate floor shall observe the following guidelines: 1) No Senator shall speak until recognized by the presiding officer, unless the Senator rises to make a point of order. 2) Except as otherwise outlined in other Senate rules, no Senator shall speak on any matter not properly before the Senate. 3) No Senator shall speak more than twice in any one debate on the same day, without leave of the Senate, except the Senator who sponsored the matter under consideration, the Senator who sponsored the bill or resolution if an amendment is under consideration, the chairperson of the committee which reported it and the chairperson of the subcommittee which considered the matter. Each speech shall not exceed five (5) minutes or, if submitted in writing, shall not exceed one thousand (1,000) words, except there is no limit on the length of an oral dissent statement. 4) No Senator shall speak impertinently or submit in writing impertinent statements, attack the motives of any Senator who proposes or advocates a particular position, use indecent language or other disorderly words, or refer to another Senator by name in a disparaging way. 5) No Senator shall use a display, exhibit, or prop on the Senate floor during discussions, debate, statements, or the announcement of the introduction of a bill or resolution. 6) No person other than a Senator, the President of the Senate, the Secretary and Assistant Secretary of the Senate, or the Sergeants at Arms shall pass through the well of the Senate Chamber which is immediately in front of the Senate rostrum. 7) No person shall pass between the presiding officer and a Senator who is speaking. 8) No person other than a Senator, the President of the Senate, the Secretary of the Senate, or the Sergeants at Arms shall use the center aisle of the Chamber. 9) No person other than a Senator shall sit in a Senator’s chair. 10) No staff shall be allowed on the Senate floor unless they wait in the majority or minority lounge or the lounge at the rear of the Chamber until they are needed by a Senator and shall then be seated at a Senator’s desk. 11) No member of the media shall be allowed on the Senate floor unless he or she is in the media’s designated area, except as otherwise provided in Rule 3.901. 12) No smoking shall be permitted on the Senate floor. 13) All individual electronic devices shall be turned off or on non-audible alert during Senate session. Failure to follow a warning issued by the presiding officer or Chair may result in the device(s) being confiscated for the duration of the session upon direction of the presiding officer or Chair. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted, a majority of the members serving voting therefor. Senators Brandenburg, Hansen, Horn, Knollenberg, MacGregor, O’Brien, Proos and Stamas were named co-sponsors of the resolution. Senator Kowall offered the following concurrent resolution: Senate Concurrent Resolution No. 1. A concurrent resolution granting authority for adjournment for more than 2 days. Resolved by the Senate (the House of Representatives concurring), That each house hereby grants unto the other permission to adjourn for not more than 15 intervening calendar days at such times as each house shall determine at any time during the 2015 and 2016 regular sessions. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The concurrent resolution was adopted. Senators Brandenburg, Hansen, Horn, Knollenberg, MacGregor, O’Brien, Proos and Stamas were named co-sponsors of the concurrent resolution. Senator Kowall offered the following concurrent resolution: Senate Concurrent Resolution No. 2. A concurrent resolution prescribing the Joint Convention Rules for the Legislature. No. 1] [January 14, 2015] JOURNAL OF THE SENATE 23 Resolved by the Senate (the House of Representatives concurring), That the following be and are hereby adopted as the Joint Convention Rules of the Senate and House of Representatives: JOINT CONVENTION RULES OF THE SENATE AND HOUSE OF REPRESENTATIVES Held in Hall of House. Rule 1. Joint conventions shall be held in the Hall of the House of Representatives, or such other location as may be agreed to by the Speaker of the House of Representatives and the Majority Leader of the Senate. The President of the Senate or, in the absence of the President of the Senate, the Speaker of the House shall preside. Before the two houses shall meet in joint convention, a concurrent resolution shall be introduced in one house setting forth the date and hour at which the joint convention shall meet, which, if adopted, shall be transmitted to the other house for concurrence. Secretaries-Journals. Rule 2. The Secretary of the Senate and Clerk of the House of Representatives shall be the secretaries of the joint convention. The proceedings of the joint convention shall be published with the Journals of the House, and the final result, as announced by the President on the return of the Senate to its chamber, shall be entered on the Journals of the Senate. Rules of House to Govern. Rule 3. The rules of the House of Representatives, so far as the same may be applicable, shall govern the proceedings in joint convention. President pro tempore of Convention. Rule 4. Whenever the Speaker of the House presides, he or she shall be entitled to vote on all occasions, and in case of a tie, the question shall be declared lost. Power to Compel Attendance. Rule 5. Joint conventions shall have the power to compel the attendance of absent members in the mode and under the penalties prescribed in the rules of the house to which such members respectively belong, and for that purpose the Sergeant at Arms of each house shall attend. May Adjourn from Time to Time. Rule 6. Joint conventions may adjourn from time to time, as may be found necessary, and it shall be the duty of the House of Representatives to prepare to receive the Senate, and of the Senate to proceed to the joint convention, at the time fixed by law or resolution, or to which the joint convention may have adjourned. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The concurrent resolution was adopted, a majority of the members serving voting therefor. Senators Brandenburg, Hansen, Horn, Knollenberg, MacGregor, Proos and Stamas were named co‑sponsors of the concur­ rent resolution. enator Kowall offered the following concurrent resolution: S Senate Concurrent Resolution No. 3. A concurrent resolution providing for a joint convention of the Senate and House of Representatives. Resolved by the Senate (the House of Representatives concurring), That the Senate and House of Representatives meet in joint convention in the Hall of the House of Representatives, Tuesday, January 20, 2015, at 6:30 p.m. to receive the message of Governor Rick Snyder. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The concurrent resolution was adopted. Senators Brandenburg, Hansen, Horn, Knollenberg, MacGregor, Proos and Stamas were named co‑sponsors of the concur­ rent resolution. By unanimous consent the Senate returned to the order of Motions and Communications President Pro Tempore The President, Lieutenant Governor Calley, announced that the next order of business was the election of the President pro tempore of the Senate. 24 JOURNAL OF THE SENATE [January 14, 2015] [No. 1 enator Meekhof nominated Senator Schuitmaker as President pro tempore of the Senate. S Senator Ananich seconded the nomination. The question being on the election of Senator Schuitmaker as President pro tempore of the Senate, The election was approved, a majority of the members serving voting therefor, as follows: Roll Call No. 1 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Green Not Voting—0 In The Chair: President Oath of Office The President pro tempore, Senator Schuitmaker, took and subscribed to the Constitutional Oath of Office, which was administered by the President, Lieutenant Governor Calley, and entered upon the discharge of her respective duties. Senators Meekhof and Ananich asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Meekhof’s statement is as follows: I rise to nominate my great friend Senator Tonya Schuitmaker for the position of President pro tempore. Senator Schuitmaker has diligently served as President pro tempore of this chamber for the past four years and would do this body a great service to continue in that role. Senator Schuitmaker has been a public servant and advocate for the citizens of her communities for many years. Her experience and knowledge are assets to the Senate and also to the citizens of Michigan and the folks whom she represents in her district. It is my distinct privilege to recognize not only Senator Schuitmaker’s leadership and expertise, but also her generous spirit, warmth, and commitment to her colleagues. For these and many more reasons, it is my pleasure to nominate Senator Tonya Schuitmaker as President pro tempore of the Michigan Senate. enator Ananich’s statement is as follows: S Colleagues, I rise to second the nomination of Senator Tonya Schuitmaker for the position of President pro tempore. Senator Schuitmaker has effectively served in this position for the last four years, and her experience and understanding of the legislative process and procedures will ensure that the Senate continues to run smoothly and remains focused on the issues at hand. Therefore, I am pleased to second the nomination of Senator Tonya Schuitmaker as President pro tempore of the Michigan Senate. No. 1] [January 14, 2015] JOURNAL OF THE SENATE 25 Assistant President Pro Tempore The President, Lieutenant Governor Calley, announced that the next order of business was the election of the Assistant President pro tempore of the Senate. Senator Schuitmaker nominated Senator O’Brien as Assistant President pro tempore of the Senate. Senator Knezek seconded the nomination. The question being on the election of Senator O’Brien as Assistant President pro tempore of the Senate, The election was approved, a majority of the members serving voting therefor, as follows: Roll Call No. 2 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Green Not Voting—0 In The Chair: President Oath of Office The Assistant President pro tempore, Senator O’Brien, took and subscribed to the Constitutional Oath of Office, which was administered by the President, Lieutenant Governor Calley, and entered upon the discharge of her respective duties. Senators Schuitmaker and Knezek asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Schuitmaker’s statement is as follows: I have the distinct honor to nominate somebody who I consider a good friend, but, more importantly, she is a great public servant. I have known her for the last six years, and you couldn’t ask for a harder worker for the residents of the 20th District. She is committed; she has energy that is abounding; and she will serve a wonderful role as the Assistant President pro tempore. With that, I would like to nominate Senator Margaret O’Brien. enator Knezek’s statement is as follows: S Colleagues, I rise today to second the nomination of Senator Margaret O’Brien for the position of Assistant President pro tempore. In the years that I have known her, I have found Senator O’Brien to be a competent, committed, and, perhaps most importantly, compassionate leader. I am continually impressed by her ability to promote and foster a collegial atmosphere 26 JOURNAL OF THE SENATE [January 14, 2015] [No. 1 everywhere she serves and her unwavering commitment to representing the needs of not just her own district, but of all Michigan’s residents. As a former Assistant Speaker pro tempore in the Michigan House of Representatives, Senator O’Brien is no stranger to wielding the gavel, and I am confident that she will serve this body and the entire state of Michigan with unparalleled leadership. Therefore, it is my honor and my privilege to second the nomination of Senator Margaret O’Brien for the position of Assistant President pro tempore of the Michigan Senate. Associate President Pro Tempore The President, Lieutenant Governor Calley, announced that the next order of business was the election of the Associate President pro tempore of the Senate. Senator Ananich nominated Senator Hopgood as Associate President pro tempore of the Senate. Senator Meekhof seconded the nomination. The question being on the election of Senator Hopgood as Associate President pro tempore of the Senate, The election was approved, a majority of the members serving voting therefor, as follows: Roll Call No. 3 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Green Not Voting—0 In The Chair: President Oath of Office The Associate President pro tempore, Senator Hopgood, took and subscribed to the Constitutional Oath of Office, which was administered by the President, Lieutenant Governor Calley, and entered upon the discharge of his respective duties. Senators Ananich and Meekhof asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. No. 1] [January 14, 2015] JOURNAL OF THE SENATE 27 Senator Ananich’s statement is as follows: Fellow Senators, I rise to nominate my colleague and friend Senator Hoon-Yung Hopgood for Associate President pro tempore. Senator Hopgood has an exemplary career of service to both Wayne County and to the state of Michigan. He will bring that same commitment and dedication to this position serving the Senate. Senator Hopgood takes great pride in his work. I am confident in his ability to manage the Senate session operations and help shepherd our bills into law. Although, this isn’t exactly what I had in mind when I envisioned a Democrat holding the gavel, Senator Hopgood will be a capable and reliable addition to the Senate officers this session. I am, therefore, honored to nominate Senator Hoon-Yung Hopgood for the position of Associate President pro tempore. enator Meekhof’s statement is as follows: S I rise to second the nomination of Senator Hoon-Yung Hopgood for Associate President pro tempore. Senator Hopgood has worked for the residents of Wayne County for many years, first as an intern and a staffer in the Legislature, next as a member of the State House of Representatives, and now in his second term in the State Senate. Senator Hopgood has proven himself as a dedicated public servant and respected colleague. It is my pleasure to join in the nominating process for Senator Hopgood. I officially second his nomination for Associate President pro tempore. Secretary of the Senate The President, Lieutenant Governor Calley, announced that the next order of business was the election of the Secretary of the Senate. Senator Meekhof nominated Jeffrey F. Cobb as Secretary of the Senate. Senator Ananich seconded the nomination. The question being on the election of Jeffrey F. Cobb as Secretary of the Senate, The election was approved, a majority of the members serving voting therefor, as follows: Roll Call No. 4 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Green Not Voting—0 In The Chair: President Oath of Office The Secretary of the Senate, Jeffrey F. Cobb, took and subscribed to the Constitutional Oath of Office, which was adminis­ tered by the President, Lieutenant Governor Calley, and entered upon the discharge of his respective duties. 28 JOURNAL OF THE SENATE [January 14, 2015] [No. 1 Senators Meekhof and Ananich asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Meekhof’s statement is as follows: I rise and it is my distinct honor and privilege to nominate Jeff Cobb to the position of Senate Secretary. Jeff Cobb has been a long-term staffer in the Senate and, most recently, was a member of my staff since 2011. Prior to working in my office, Jeff was chief of staff to former Senator Gerald Van Woerkom. He also worked for Kansas Congressman Jim Ryun. Jeff is a graduate of Indiana Wesleyan University in Marion, Indiana. Jeff has spent the past four years working closely with Session Staff and the former Secretary of the Senate during session. He is well-acquainted with floor procedure and the formal process that we participate in each day when we come to session on this floor. I have every confidence in Jeff’s ability to execute the duties of his office. It is my great pleasure and honor to formally nominate Jeff Cobb for the position of Secretary of the Senate. enator Ananich’s statement is as follows: S Colleagues, I rise to second the nomination of Jeff Cobb as the new Secretary of the Senate. Jeff has experience working in both the U.S. House and the Senate, and for the last four years, Jeff has served as the main liaison between the Senate majority and Senate minority. Jeff communicated the Senate agenda and activities each day, keeping all Senators informed of important votes, schedule changes, and items of interest. His knowledge of the inner workings of the Senate and his commitment to public service make him an ideal candidate for this position. Therefore, I am pleased to second the nomination of Jeff Cobb as the new Secretary of the Senate. The following communication was received and read: Office of the Secretary of the Senate January 14, 2015 I have the honor and pleasure of informing the membership that Adam Reames will continue his excellent service to the Michigan Senate as the Assistant Secretary of the Senate. Adam has served as Assistant Secretary of the Senate since June 19, 2009. I am honored to continue working with him in the 98th Legislature. Sincerely, Jeffrey F. Cobb Secretary of the Senate The communication was referred to the Secretary for record. Certified List of Representatives The following communication was received and read: Department of State November 24, 2014 nclosed, please find a certified listing of the candidates elected to the office of State Representative at the November 4, E 2014 general election. A copy of the official returns certified for the election is also provided for your reference. Please do not hesitate to contact this office if we can be of any further assistance. Sincerely, Christopher M. Thomas Director of Elections United States of America THE STATE OF MICHIGAN DEPARTMENT OF STATE I, Ruth Johnson, Secretary of State and Custodian of the Great Seal of the State of Michigan, certify that the persons named on the attached listing were duly elected at the November 4, 2014 General Election to the Office of State Represen­ tative for a term commencing on January 1, 2015 and ending on January 1, 2017, as shown by the official returns certified for the election and placed on file in this office. In witness whereof, I have hereto attached my signature [SEAL] and the Great Seal of the State of Michigan, at Lansing, on November 24, 2014. Ruth Johnson Secretary of State No. 1] [January 14, 2015] JOURNAL OF THE SENATE 29 Members-Elect of the House of Representatives District Party 1 Dem 2 Dem 3 Dem 4 Dem 5 Dem 6 Dem 7 Dem 8 Dem 9 Dem 10 Dem 11 Dem 12 Dem 13 Dem 14 Dem 15 Dem 16 Dem 17 Dem 18 Dem 19 Rep 20 Rep 21 Dem 22 Dem 23 Rep 24 Rep 25 Dem 26 Dem 27 Dem 28 Dem 29 Dem 30 Rep 31 Dem 32 Rep 33 Rep 34 Dem 35 Dem 36 Rep 37 Dem 38 Rep 39 Rep 40 Rep 41 Rep 42 Rep 43 Rep 44 Rep 45 Rep 46 Rep 47 Rep 48 Dem 49 Dem 50 Dem 51 Rep 52 Dem 53 Dem 54 Dem Name Brian Banks Alberta Tinsley Talabi Wendell L. Byrd Rose Mary C. Robinson Fred Durhal Stephanie Chang LaTanya Garrett Sherry Gay-Dagnogo Harvey Santana Leslie Love Julie Plawecki Erika Geiss Frank Liberati Paul Clemente George T. Darany Robert L. Kosowski Bill LaVoy Sarah Roberts Laura Cox Kurt L. Heise Kristy Pagan John Chirkun Pat Somerville Anthony G. Forlini Henry Yanez Jim Townsend Robert Wittenberg Derek E. Miller Tim Greimel Jeff Farrington Marilyn Lane Andrea LaFontaine Ken Goike Sheldon A. Neeley Jeremy Moss Peter J. Lucido Christine Greig Kathy Crawford Klint Kesto Michael D. McCready Martin Howrylak Lana L. Theis Jim Tedder Jim Runestad Michael Webber Bradford C. Jacobsen Henry Vaupel Pam Faris Phil Phelps Charles Smiley Joseph Graves Gretchen Driskell Jeff Irwin David Rutledge Address P.O. Box 36416, Grosse Pointe 48236 2229 Pennsylvania Street, Detroit 48214 20651 Stratford Road, Detroit 48221 4221 Avery, Detroit 48208 4055 Leslie Street, Detroit 48238 P.O. Box 32372, Detroit 48232 15355 Cherrylawn, Detroit 48238 15667 Glastonbury, Detroit 48223 5700 Brace Street, Detroit 48228 P.O. Box 35986, Detroit 48235 26736 Cecile, Dearborn Heights 48127 24645 Muirfield Drive, Taylor 48180 9068 Quandt, Allen Park 48101 2235 Fort Park Boulevard, Lincoln Park 48146 29 W. Village Lane, Dearborn 48124 450 N. Bryar Street, Westland 48185 225 Maywood, Monroe 48162 22440 Lakeland Street, Saint Clair Shores 48081 P.O. Box 531392, Livonia 48153 9054 Muirland Drive, Plymouth 48170 7420 Windsor Woods Drive #2A, Canton 48187 31229 Merrily, Roseville 48066 P.O. Box 681, New Boston 48164 39273 Chart Street, Harrison Township 48045 14052 Bery Drive, Sterling Heights 48312 P.O. Box 213, Royal Oak 48067 26131 Harding, Oark Park 48237 P.O. Box 143, Warren 48090 2640 Greenstone Boulevard, Apt. 1704, Auburn Hills 48326 8830 Summers Court, Utica 48317 16558 Woodlane, Fraser 48026 P.O. Box 6, Memphis 48041 22440 32 Mile Road, Ray Township 48096 2305 Begole Street, Flint 48504 18405 Melrose Avenue, Southfield 48075 14601 Breza, Shelby Township 48315 P.O. Box 587, Farmington 48332 46275 W. Eleven Mile Road, Novi 48374 P.O. Box 1193, Walled Lake 48390 1011 S. Adams Road, Birmingham 48009 3035 Newport Court, Troy 48084 P.O. Box 461, Brighton 48116 4900 Lakeview Boulevard, Clarkston 48348 2210 Teggerdine, White Lake 48386 P.O. Box 70461, Rochester Hills 48309 P.O. Box 250, Oxford 48371 P.O. Box 363, Fowlerville 48836 P.O. Box 520, Clio 48420 819 Main Street, Unit A, Flushing 48433 5402 Crestwood Drive, Grand Blanc 48439 16316 Knobhill Drive, Linden 48451 320 N. Ann Arbor Street, Saline 48176 2542 Bellwood Avenue, Ann Arbor 48104 8585 Durham Court, Ypsilanti 48198 30 JOURNAL OF THE SENATE [January 14, 2015] 55 Dem Adam Zemke 120 1/2 E. Washington Street, Ann Arbor 48104 56 Rep Jason M. Sheppard P.O. Box 271, Lambertville 48144 57 Rep Nancy Jenkins 9417 West Carleton Road, Clayton 49235 58 Rep Eric Leutheuser P.O. Box 58, Hillsdale 49242 59 Rep Aaron Miller 27788 Banker Street Road, Sturgis 49091 60 Dem Jon Hoadley 2720 Parkview Avenue, Kalamazoo 49008 61 Rep Brandt Iden P.O. Box 20486, Kalamazoo 49019 62 Rep John Bizon 114 Castleridge Drive, Battle Creek 49015 63 Rep David C. Maturen 7849 S. Sprinkle Road, Portage 49002 64 Rep Earl Poleski 5354 Reynolds Road, Jackson 49201 65 Rep Brett Roberts 3494 Sherman Road, Charlotte 48813 66 Rep Aric Nesbitt P.O. Box 400, Lawton 49065 67 Dem Tom Cochran 418 Coppersmith Drive, Mason 48854 68 Dem Andy Schor P.O. Box 13073, Lansing 48901 69 Dem Sam Singh 1837 Cricket Lane, East Lansing 48823 70 Rep Rick Outman 6481 N. Miles Road, Six Lakes 48886 71 Rep Tom Barrett 720 Mitchell, Potterville 48876 72 Rep Ken Yonker 2202 100th Street, S.E., Caledonia 49316 73 Rep Chris Afendoulis 240 Edgehill Avenue, S.E., Grand Rapids 49546 74 Rep Rob VerHeulen 4167 Imperial Drive, N.W., Walker 49534 75 Dem Brandon Dillon 1455 Ball Avenue, N.E., Grand Rapids 49505 76 Dem Winnie Brinks 2060 Osceola Drive, S.E., Grand Rapids 49506 77 Rep Thomas B. Hooker 1739 108th Street, Byron Center 49315 78 Rep Dave Pagel 3221 E. Shawnee Road, Berrien Springs 49103 79 Rep Al Pscholka 5810 Longhorn Trail, Stevensville 49127 80 Rep Cindy Gamrat 967 Scenic View Drive, Plainwell 49080 81 Rep Dan Lauwers 12401 Speaker Road, Brockway 48097 82 Rep Todd Courser 455 S. Main Street, Lapeer 48446 83 Rep Paul Muxlow P.O. Box 70, Brown City 48416 84 Rep Edward J. Canfield 933 E. Main Street, Sebewaing 48759 85 Rep Ben Glardon P.O. Box 1746, Owosso 48867 86 Rep Lisa Posthumus Lyons 7815 Alden Nash Avenue, S.E., Alto 49302 87 Rep Mike Callton P.O. Box 676, Nashville 49073 88 Rep Roger Victory 5214 22nd Avenue, Hudsonville 49426 89 Rep Amanda Price 3975 Lakeridge Drive, Holland 49424 90 Rep Daniela Garcia 22 E. 29th Street, Holland 49423 91 Rep Holly Hughes 8801 Lehman Road, Montague 49437 92 Dem Marcia Hovey-Wright 452 W. Webster Avenue, Muskegon 49440 93 Rep Tom Leonard 14840 Robinwood Drive, Lansing 48906 94 Rep Tim Kelly 25 Benton Road, Saginaw 48602 95 Dem Vanessa Guerra 4108 Emerald Drive, Bridgeport 48722 96 Dem Charles M. Brunner 208 E. Murphy Street, Bay City 48706 97 Rep Joel Johnson P.O. Box 280, Clare 48617 98 Rep Gary Glenn 3800 E. Monroe Road, Midland 48642 99 Rep Kevin Cotter P.O. Box 1189, Mount Pleasant 48804 100 Rep Jon Bumstead 2186 E. 72nd Street, Newaygo 49337 101 Rep Ray A. Franz P.O. Box 25, Onekama 49675 102 Rep Phil Potvin P.O. Box 609, Cadillac 49601 103 Rep Bruce R. Rendon P.O. Box 809, Lake City 49651 104 Rep Larry C. Inman 8971 Crockett Road, Williamsburg 49690 105 Rep Triston Cole 241 E. Eddy School Road, Mancelona 49659 106 Rep Peter Pettalia 11617 Bell Bay Road, Presque Isle 49777 107 Rep Lee Chatfield 2481 US 31 N, Levering 49755 108 Rep Ed McBroom N470 Thaler Drive, Vulcan 49892 109 Dem John Kivela 1005 Cleveland Avenue, Marquette 49855 110 Dem Scott Dianda P.O. Box 81, Calumet 49913 The communication was referred to the Secretary for record. [No. 1 No. 1] [January 14, 2015] JOURNAL OF THE SENATE 31 The following communications were received and read: Joint Committee on Administrative Rules December 17, 2014 ursuant to MCL 24.245a(1), the Joint Committee on Administrative Rules has by a concurrent majority vote waived P the remaining session days for the following rule set: Department of Human Services Bureau of Community Action and Economic Opportunity Community Action Programs (2014-003 HS) (JCAR 14-43) According to MCL 24.245a(2), if the Committee waives the remaining session days, the Office of Regulatory Reinvention may immediately file the rule. December 17, 2014 ursuant to MCL 24.245a(1), the Joint Committee on Administrative Rules has by a concurrent majority vote waived P the remaining session days for the following rule set: Department of Licensing and Regulatory Affairs Bureau of Construction Codes Board of Mechanical Rules License Examination Procedures (2013-096 LR) (JCAR 14-42) According to MCL 24.245a(2), if the Committee waives the remaining session days, the Office of Regulatory Reinvention may immediately file the rule. December 17, 2014 ursuant to MCL 24.245a(1), the Joint Committee on Administrative Rules has by a concurrent majority vote waived P the remaining session days for the following rule set: Department of Licensing and Regulatory Affairs Director’s Office Board of Nursing Home Administrators - General Rules (2013-024 LR) (JCAR 14-38) According to MCL 24.245a(2), if the Committee waives the remaining session days, the Office of Regulatory Reinvention may immediately file the rule. December 17, 2014 ursuant to MCL 24.245a(1), the Joint Committee on Administrative Rules has by a concurrent majority vote waived P the remaining session days for the following rule set: Department of Licensing and Regulatory Affairs Director’s Office Podiatric Medicine and Surgery - Continuing Education (2013-002 LR) (JCAR 14-45) According to MCL 24.245a(2), if the Committee waives the remaining session days, the Office of Regulatory Reinvention may immediately file the rule. December 17, 2014 ursuant to MCL 24.245a(1), the Joint Committee on Administrative Rules has by a concurrent majority vote waived P the remaining session days for the following rule set: Department of Licensing and Regulatory Affairs Director’s Office Podiatric Medicine and Surgery - General Rules (2013-002 LR) (JCAR 14-44) According to MCL 24.245a(2), if the Committee waives the remaining session days, the Office of Regulatory Reinvention may immediately file the rule. 32 JOURNAL OF THE SENATE [January 14, 2015] [No. 1 December 17, 2014 ursuant to MCL 24.245a(1), the Joint Committee on Administrative Rules has by a concurrent majority vote waived P the remaining session days for the following rule set: Department of Licensing and Regulatory Affairs Public Service Commission Gas Safety (2013-070 LR) (JCAR 14-39) According to MCL 24.245a(2), if the Committee waives the remaining session days, the Office of Regulatory Reinvention may immediately file the rule. December 17, 2014 ursuant to MCL 24.245a(1), the Joint Committee on Administrative Rules has by a concurrent majority vote waived P the remaining session days for the following rule set: Department of Licensing and Regulatory Affairs State Fire Safety Board Health Care Facilities Fire Safety (2012-120 LR) (JCAR 14-41) According to MCL 24.245a(2), if the Committee waives the remaining session days, the Office of Regulatory Reinvention may immediately file the rule. Sincerely, Senator John Pappageorge Presiding Co-Chair Representative Tom McMillin Co-Chair The communications were referred to the Secretary for record. The following communications were received and read: Office of the Auditor General December 30, 2014 nclosed is a copy of the following audit report: E Financial audit, including the report on internal control, compliance, and other matters, of the Michigan Education Trust Plans B and C, a discretely presented component unit of the State of Michigan, for the fiscal years ended September 30, 2014 and September 30, 2013. December 30, 2014 nclosed is a copy of the following audit report: E Financial audit, including the report on internal control, compliance, and other matters, of the Michigan Education Trust Plan D, a discretely presented component unit of the State of Michigan, for the fiscal years ended September 30, 2014 and September 30, 2013. Sincerely, Doug Ringler Auditor General The audit reports were referred to the Committee on Government Operations. The following communication was received and read: Office of the Senate Majority Leader January 13, 2015 ursuant to Senate Rule 1.104 I hereby submit the following Republican Caucus leadership positions: P Majority Leader: Senator Arlan Meekhof Assistant Majority Leader: Senator Goeff Hansen Majority Floor Leader: Senator Mike Kowall Assistant Majority Floor Leader: Senator Jim Stamas Majority Caucus Chair: Senator David Robertson Assistant Majority Caucus Chair: Senator Rick Jones No. 1] [January 14, 2015] JOURNAL OF THE SENATE 33 Majority Caucus Whip: Senator Jack Brandenburg Assistant Majority Caucus Whip: Senator Darwin Booher If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communication was referred to the Secretary for record. The following communication was received and read: Office of the Senate Minority Leader January 14, 2015 ursuant to Senate Rule 1.104, I hereby submit the following Democratic Caucus leadership positions: P Senate Minority Leader: Jim Ananich Assistant Minority Leader: Steven Bieda Minority Floor Leader: Morris Hood Assistant Minority Floor Leader: Coleman Young Associate President Pro Tempore: Hoon-Yung Hopgood Minority Caucus Chair: David Knezek Assistant Minority Caucus Chair: Vincent Gregory Minority Caucus Whip: Curtis Hertel Assistant Minority Caucus Whip: Virgil Smith If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Jim Ananich Senate Minority Leader The communication was referred to the Secretary for record. he Secretary announced that the Majority Leader has made the appointment of the following standing committees: T Agriculture - Senators Hune (C), Green (VC), Schmidt, Booher and Smith (MVC). Appropriations - Senators Hildenbrand (C), MacGregor (VC), Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory (MVC), Hopgood, Hertel, Knezek and Young. Banking and Financial Institutions - Senators Booher (C), O’Brien (VC), Nofs, Zorn, MacGregor, Hertel (MVC) and Smith. Commerce - Senators Schmidt (C), Kowall (VC), MacGregor, Nofs and Hertel (MVC). Economic Development - Senators Horn (C), Schmidt (VC), Brandenburg, Stamas, Emmons, Smith (MVC) and Bieda. Education - Senators Pavlov (C), Knollenberg (VC), Booher, Colbeck and Knezek (MVC). Elections and Government Reform - Senators Robertson (C), Colbeck (VC), Emmons, Shirkey and Hood (MVC). Energy and Technology - Senators Nofs (C), Proos (VC), Horn, Schuitmaker, Hune, Shirkey, Zorn, Hopgood (MVC), Knezek and Smith. Families, Seniors and Human Services - Senators Emmons (C), Pavlov (VC), Jones, Casperson and Johnson (MVC). Finance - Senators Brandenburg (C), Robertson (VC), Knollenberg, Casperson, Proos, Bieda (MVC) and Warren. Government Operations - Senators Meekhof (C), Hansen (VC), Kowall, Ananich (MVC) and Hood. Health Policy - Senators Shirkey (C), Hune (VC), O’Brien, Marleau, Jones, Stamas, Robertson, Hertel (MVC), Knezek and Hopgood. Insurance - Senators Hune (C), Brandenburg (VC), Schmidt, O’Brien, Horn, Jones, Smith (MVC), Bieda and Young. Judiciary - Senators Jones (C), Schuitmaker (VC), Rocca, Colbeck and Bieda (MVC). Local Government - Senators Zorn (C), Proos (VC), Brandenburg, Rocca and Young (MVC). Michigan Competitiveness - Senators Shirkey (C), Stamas (VC), Robertson, Proos and Warren (MVC). Natural Resources - Senators Casperson (C), Pavlov (VC), Robertson, Stamas and Warren (MVC). Outdoor Recreation and Tourism - Senators Hansen (C), Zorn (VC), Schmidt, Green and Johnson (MVC). Regulatory Reform - Senators Rocca (C), Jones (VC), Knollenberg, Kowall, Marleau, Hune, Warren (MVC), Hertel and Johnson. Transportation - Senators Casperson (C), Horn (VC), Pavlov, Marleau and Hopgood (MVC). Veterans, Military Affairs and Homeland Security - Senators O’Brien (C), Emmons (VC), Zorn, Colbeck and Knezek (MVC). The standing committee appointments were approved, a majority of the members serving voting therefor. 34 JOURNAL OF THE SENATE [January 14, 2015] [No. 1 he Secretary announced that the Majority Leader has made the appointment of the following statutory commit­tees: T Administrative Rules - Senators Stamas (C), Rocca (VC), Kowall, Hood (MVC) and Hertel. Legislative Council - Senators Meekhof (C), Rocca, Schmidt, Stamas, Ananich and Hood. Alternates: Sena­tors Schuitmaker, Horn and Bieda. Legislative Retirement Board of Trustees - Senators Hildenbrand and Gregory. Library of Michigan Board of Trustees - Senators Stamas and Johnson. Michigan Capitol Committee - Senators Meekhof (C), Kowall, Hansen and Bieda. Michigan Commission on Uniform State Laws - Senators Schuitmaker and Bieda. Michigan Law Revision Commission - Senators Schuitmaker and Johnson. Senate Fiscal Agency Board of Governors - Senators Meekhof (C), Hildenbrand, MacGregor, Ananich and Gregory. The statutory committee appointments were approved, a majority of the members serving voting therefor. The Secretary announced that the Majority Leader has made the appointment of the following Appropriations subcommit­ tees: Agriculture and Rural Development - Senators Green (C), Stamas (VC) and Hopgood (MVC). Capital Outlay - Senators Booher (C), Nofs (VC), Schuitmaker, Hansen, MacGregor, Gregory (MVC) and Hertel. Community Colleges - Senators Booher (C), Schuitmaker (VC) and Knezek (MVC). Community Health - Senators Marleau (C), Shirkey (VC), Hansen and Hertel (MVC). Corrections - Senators Proos (C), Knollenberg (VC) and Gregory (MVC). Environmental Quality - Senators Green (C), MacGregor (VC) and Hopgood (MVC). General Government - Senators Stamas (C), Nofs (VC), Booher and Young (MVC). Higher Education - Senators Schuitmaker (C), MacGregor (VC) and Hertel (MVC). Human Services - Senators MacGregor (C), Proos (VC) and Gregory (MVC). Judiciary - Senators Proos (C), Schuitmaker (VC) and Young (MVC). K-12, School Aid, Education - Senators Hansen (C), Pavlov (VC) and Hopgood (MVC). Licensing and Regulatory Affairs - Senators Knollenberg (C), Marleau (VC) and Young (MVC). Natural Resources - Senators Green (C), Booher (VC) and Hopgood (MVC). State Police and Military Affairs - Senators Nofs (C), Colbeck (VC) and Knezek (MVC). Transportation - Senators Hansen (C), Knollenberg (VC) and Young (MVC). The subcommittee appointments were approved, a majority of the members serving voting therefor. The following communications were received: Department of State Administrative Rules Notices of Filing December 4, 2014 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2008-054-HS (Secretary of State Filing #14-12-01) on this date at 3:38 p.m. for the Department of Human Services, entitled “Licensing Rules for Child Placing Agencies.” These rules take effect 30 days after filing with the Secretary of State. December 4, 2014 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2008-055-HS (Secretary of State Filing #14-12-02) on this date at 3:40 p.m. for the Department of Human Services, entitled “Licensing Rules for Foster Family Homes and Foster Family Group Homes for Children.” These rules take effect 30 days after filing with the Secretary of State. December 4, 2014 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State No. 1] [January 14, 2015] JOURNAL OF THE SENATE 35 Office of Regulatory Reinvention filed Administrative Rule #2013-009-HS (Secretary of State Filing #14-12-03) on this date at 3:42 p.m. for the Department of Human Services, entitled “Food Assistance Program.” These rules take effect 30 days after filing with the Secretary of State. December 4, 2014 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2010-039-NR (Secretary of State Filing #14-12-04) on this date at 3:44 p.m. for the Department of Natural Resources, entitled “Commercial Forests.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. December 4, 2014 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-042-NR (Secretary of State Filing #14-12-05) on this date at 3:46 p.m. for the Department of Natural Resources, entitled “Vessels Carrying Passengers for Hire.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. December 4, 2014 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-115-NR (Secretary of State Filing #14-12-06) on this date at 3:48 p.m. for the Department of Natural Resources, entitled “Mackinac Island State Park Commission - General Rules.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. December 5, 2014 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2011-024-LR (Secretary of State Filing #14-12-07) on this date at 4:27 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Administration of Compulsory Arbitration Act for Labor Disputes in Municipal Police and Fire Departments.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. December 5, 2014 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-110-LR (Secretary of State Filing #14-12-08) on this date at 4:29 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Advertising.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. December 5, 2014 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State 36 JOURNAL OF THE SENATE [January 14, 2015] [No. 1 Office of Regulatory Reinvention filed Administrative Rule #2013-019-LR (Secretary of State Filing #14-12-09) on this date at 4:31 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Payment of Wages and Fringe Benefits.” These rules take effect 7 days after filing with the Secretary of State. December 5, 2014 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-149-ED (Secretary of State Filing #14-12-10) on this date at 4:33 p.m. for the Department of Education, entitled “Youth Employment Standards.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. December 9, 2014 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-053-CH (Secretary of State Filing #14-12-11) on this date at 3:17 p.m. for the Department of Community Health, entitled “Emergency Medical Services - Life Support Agencies and Medical Control.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. December 9, 2014 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-098-LR (Secretary of State Filing #14-12-14) on this date at 3:17 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Occupational Health Standards, Part 306. Formaldehyde.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. December 9, 2014 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-084-LR (Secretary of State Filing #14-12-12) on this date at 3:17 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Construction Safety Standards, Part 10. Lifting and Digging Equipment.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. December 9, 2014 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-085-LR (Secretary of State Filing #14-12-13) on this date at 3:17 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Construction Safety Standards, Part 11. Fixed and Portable Ladders.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. No. 1] [January 14, 2015] JOURNAL OF THE SENATE 37 December 16, 2014 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-073-CH (Secretary of State Filing #14-12-15) on this date at 3:15 p.m. for the Department of Community Health, entitled “Communicable and Related Diseases.” These rules become effective 7 days after filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of 1969 PA 306. December 16, 2014 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2010-034-LR (Secretary of State Filing #14-12-16) on this date at 3:15 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Employment Relations Commission General Rules.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. December 16, 2014 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-121-LR (Secretary of State Filing #14-12-17) on this date at 3:15 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Mortuary Science.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. December 16, 2014 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-122-LR (Secretary of State Filing #14-12-18) on this date at 3:15 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Prepaid Funeral and Cemetery Sales.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. December 17, 2014 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-029-LR (Secretary of State Filing #14-12-19) on this date at 3:15 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Workers’ Compensation Health Care Services.” These rules take effect 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The following communication was received: Department of State December 22, 2014 I n accordance with Section 257.810b (7) of Public Act 300 of 1949, we have attached a TACF report for the Department of State for the period of October 1, 2013 through September 30, 2014. 38 JOURNAL OF THE SENATE [January 14, 2015] [No. 1 Deposits and charges in the TACF during this time period were $107,951,900. Data used in the preparation of this report was obtained from the MAIN-MIDB database. Sincerely, Rose Jarois, Director Department Services Administration The communication was referred to the Secretary for record. The following communication was received: Department of Treasury January 5, 2015 Attached please find a copy of the 2014 Annual Report of Emergency Loans as requiredy by the Emergency Municipal Loan Act. Please feel free to contact me if you have any questions. Thank you, Cindy Peruchietti, Administrator Budget Division The communication was referred to the Secretary for record. By unanimous consent the Senate proceeded to the order of Messages from the House The following message was received and read: January 14, 2015 By direction of the House of Representatives, I hereby notify you that a quorum of the House of Representatives has convened pursuant to the requirements of the Constitution and is ready to proceed with the business of the session. Very respectfully, Gary L. Randall, Clerk House of Representatives By unanimous consent the Senate returned to the order of Messages from the Governor The following message from the Governor was received on January 12, 2015, and read: EXECUTIVE ORDER No. 2015-1 Michigan Long-Term Care Supports and Services Advisory Commission Michigan Department of Community Health Rescission of Executive Order 2005-14 HEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power in the Governor; and W WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that the Governor considers necessary for efficient administration; and WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor; unless otherwise provided by the Constitution; and WHEREAS, Executive Order 2005-14 created the Michigan Long-Term Care Supports and Services Advisory Commis­ sion; and WHEREAS, the Commission was created as an advisory board to make recommendations to the Michigan Department of Community Health (“Department”) and the Governor, and to be used as a forum for the discussion of issues relating to the provision of long-term care supports and services in Michigan; and WHEREAS, the Commission has made 13 recommendations that focus on a coordinated system that puts people above programs, and has fulfilled all of its objectives; and No. 1] [January 14, 2015] JOURNAL OF THE SENATE 39 WHEREAS, the Office of Long-Term Care Supports and Services within the Department was abolished under Execu­ tive Order 2009-3, which rescinded Section II of Executive Order 2005-14; and WHEREAS, abolishing the Michigan Long-Term Care Supports and Services Advisory Commission will lead to more efficient and effective implementation of the Commission’s recommendations; NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: The remainder of Executive Order 2005-14 is rescinded, and the Michigan Long-Term Care Supports and Services Advisory Commission is abolished. This Order shall become effective upon filing. Given under my hand and the Great Seal of the State of [SEAL] Michigan this 12th day of January in the Year of Our Lord, Two Thousand and Fifteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. The following messages from the Governor were received and read: December 29, 2014 I respectfully submit to the Senate the following appointment to office: Michigan Film Commissioner Margaret A. O’Riley of 4072 Split Rail Lane, Fenton, Michigan 48430, county of Genesee, succeeding herself, is reap­ pointed for a term commencing January 1, 2015, and expiring December 31, 2016. December 29, 2014 I respectfully submit to the Senate the following appointment to office: Acting Director - Michigan Department of Human Services Nicolas L. Lyon of 72 Country Hills, Marshall, Michigan 49068, county of Calhoun, is appointed for a term commencing January 1, 2015, and expiring at the pleasure of the Governor. January 2, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Developmental Disabilities Council Deborah L. Rock of 10651 E. Bluewater Highway, Pewamo, Michigan 48873, county of Ionia, representing parents of a child with developmental disabilities, filling a vacancy, is appointed for a term expiring September 30, 2018. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of Statements Senators Meekhof and Ananich asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Meekhof’s statement is as follows: As we take the oath of office and prepare to embark on a new legislative session, I would like to take this opportunity to join with the Minority Leader and my fellow Senators to set a tone that differentiates the Michigan Senate from the gridlock and stalemate that is most often associated with any government. While it rarely makes the news, most of the legislation passed by the Senate is passed with bipartisan support. At other times, we see thoughtful and passionate debate on topics that may garner more attention. I look forward to continuing the Senate tradition of respectful and beneficial debate on a variety of topics. After all, each Senator is here today because he or she was willing to stand up and be an advocate for his or her neighbors and communities. While we find differences on both sides of the aisle, practical and philosophical, it is our common interest as statesmen that unites us. We represent 40 JOURNAL OF THE SENATE [January 14, 2015] [No. 1 the interests and concerns of diverse populations with varied needs, but we are all working toward the common goal of improving our great state. Over the course of the past four years, most of us in this chamber have been part of the start of Michigan’s turnaround, and it is incumbent upon us to continue on the path of progress. We can take time to celebrate and recognize improvements in our economy and in the lives of our citizens, but we must maintain momentum. Our hard work is not nearly done. Government should be a place of results and accountability. Citizens expect and deserve commonsense policy and a transparent process, and, as legislators, we are the front lines for our citizens. We are often identified by the most recent bill passed in our chamber or the most boisterous debate carried by the media or, dare I say, Facebook. Instead of being only as good as the last policy debate, I challenge us all today to define ourselves as more than just part of the legislative process. We are the voice of our constituents. We are problem solvers and advocates. We are public servants focused on commonsense reforms and policy that yields measurable results. We are here for the hardworking families of Michigan. Many of those hardworking families are here today to support each of us. I want to take a moment to thank my own family and the family and friends of the Senators who have joined us on this special day. None of us would be able to serve the citizens of Michigan without the support of our friends and families. Thank you all for your willingness to serve and to be part of continuing Michigan’s turnaround. I look forward to a productive legislative session that builds upon the good work done over the past four years. God bless the great state of Michigan. enator Ananich’s statement is as follows: S Good afternoon, colleagues. I rise today to welcome all of you to the Michigan Senate and to begin our new session. Regardless of our party and whether we are new Senate leaders or new Senators, today is a special day for us all. This morning, we had our families and friends here, and we were officially sworn in to the State Senate, many of you for the first time. Before I go forward, I want to stop for a second. Members, this is the culmination of all the hard work that you, your families, and your friends put together, and I hope that you are as proud to be here as I am. I am proud to serve with you. To the staff from the Secretary of the Senate’s office, to the Sergeants, to the folks in our individual offices, and our caucus staffs: They help make the trains run on time, do amazing work, and quite often don’t get recognized. It’s your hard work that helps us do the work that we do. To the family and friends sitting next to you and in the audience: I know that I am privileged to have my wife, my mother, my stepfather, many aunts and uncles, and my grandmother here and in my office. I hope you all get the pleasure of meeting them. If you don’t, you could just rent on Netflix My Big Fat Greek Wedding, and you will get a feel for who they are. All joking aside, my wife, my in-laws, my mother, and others have been very patient with me. I’m sure my father-in-law is shaking his head and holding onto his wallet right now. I want to tell them how much I love them and how much their support means to me and has helped me to become the person I am today and to be in this position. This day, we are reminded of what it means to be an elected official and why we got into public service in the first place. We have been given a great privilege by the people in our districts back home to represent their needs here in Lansing, and the reverence for our constituents is fresh in our minds, having just taken the oath of office today. As I look around this room, awed by this chamber’s history and tradition, I am equally impressed by the people who are populating it. Starting today, we have the opportunity to do great things and truly make a difference in our state and in the lives of the people we serve. Best of all, right now, we are all in agreement on that. We are all full of pride, optimism, and hope in being right here, in being Michigan Senators, and in being empowered with the people’s trust. With that in mind, I want to issue a call to action as simple as it is bold: Let’s try to hold on to these feelings of camaraderie and collegiality, not just for today and not just for the next four years. Let’s always try to remember what we were sent here to do and that we will always accomplish more together than we will apart. Being a Senator is a job, and what we do here is work. The people we represent don’t get to abandon their posts or give up on a project when there are personality clashes and petty differences, and we shouldn’t either. We should be allies in the fight against Michigan’s problems, not enemies of each other. I would like to share a biblical verse that I feel embodies our responsibilities and our purpose as public servants. It is from Philippians, Chapter 2, starting at verse 3: “Do nothing out of selfish ambition or vain conceit. Rather, in humility, value others above yourselves, not looking to your own interests but to each of you to the interests of the others.” Those are the values to live by, and those are the values to serve by. I hope that you will always join me in embracing them. As the new Senate Minority Leader, I am excited for this opportunity to face Michigan’s struggles head on and work together to turn them into successes. In 2015, we are at an important turning point, and for all of us here now, our legacies and our histories are still being defined. I believe our public service careers are not defined by our titles and our reputations, but by what we were able to achieve—our results and not our rhetoric. As Minority Leader, I am not going to be a roadblock, but I’m not going to be a rubber stamp either. My caucus and I will strive to be a bridge—judicious, deliberate, and realistic. That’s what our state and our people want and need— collaboration and cooperation. We have to tackle the challenges that really matter and address the issues that are affecting people in Michigan every single day. I am certainly going to be passionate about what I believe in, but my focus will No. 1] [January 14, 2015] JOURNAL OF THE SENATE 41 always be on getting things done. We will continue to work hard to address the things that matter most to the people of Michigan, like equal opportunity and fairness for all, job creation and career development, and important economic issues, like better wages and financial security. I hope all of you will join me in fighting for those issues and working toward a better Michigan for everyone. It is time for all of us to move forward, and today is an important first step in doing just that. Scheduled Meetings Appropriations Subcommittee State Police and Military Affairs - Thursdays, January 29, February 19, February 26, March 5, March 12, and March 26, 1:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Senate Fiscal Agency Board of Governors - Wednesday, January 21, 11:00 a.m. or later immediately following session, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) State Drug Treatment Court Advisory Committee - Tuesday, January 20, 10:00 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 12:50 p.m. In pursuance of the order previously made, the President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, January 20, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 42 No. 2 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, January 20, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—excused Casperson—present Colbeck—present Emmons—present Green—excused Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 44 JOURNAL OF THE SENATE [January 20, 2015] [No. 2 astor Don Buege of South and East Boardman Churches of Kalkaska offered the following invocation: P Lord, we confess we have some serious problems. These problems are not issues, but real people who are hurting. We have been called to be servants reaching out to Your hurting people, offering them hope for a better life. We don’t always agree on the best solutions, because we see things from different perspectives. Help us to remember we do not have to solve the problems of the world on our own. Help us to remember that the answer is not to ask You to bless our plans, but to search for Your wisdom and join Your side. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Robertson and Warren entered the Senate Chamber. enator Kowall moved that Senator Knollenberg be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senators Brandenburg and Green be excused from today’s session. S The motion prevailed. Senator Hood moved that Senators Gregory, Hopgood, Johnson, Smith and Young be temporarily excused from today’s session. The motion prevailed. The Secretary announced that the following bills and joint resolutions were printed and filed on Friday, January 16, and are available at the Michigan Legislature website: House Bill Nos. 4001 4002 4003 4004 4005 4006 4007 4008 4009 4010 4011 4012 4013 4014 4015 4016 4017 4018 4019 4020 4021 4022 4023 4024 4025 4026 4027 4028 4029 4030 4031 4032 4033 4034 House Joint Resolutions A B C D Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:04 a.m. 10:48 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senator Young entered the Senate Chamber. Messages from the Governor The following message from the Governor was received on January 16, 2015, and read: EXECUTIVE ORDER No. 2015-2 Creation of Michigan Interagency Council on Homelessness Michigan State Housing Development Authority WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and No. 2] [January 20, 2015] JOURNAL OF THE SENATE 45 WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that he considers necessary for efficient administration; and WHEREAS, multiple state agencies bear the responsibility of serving homeless persons in the state of Michigan and those who are at risk of becoming homeless; and WHEREAS, ending homelessness requires collaboration among state agencies, local governments, the private sector and service provider networks to coordinate program development, deliver key services and provide housing; and WHEREAS, ending or reducing homelessness contributes to economic development and improves the overall quality of life within our communities; and WHEREAS, establishment of an Interagency Council on Homelessness will provide Michigan with a central statewide homeless planning and policy development resource and allow for more efficient collaboration between various depart­ments with the goal to meet the needs of the homeless population; NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I.  CREATION OF THE MICHIGAN INTERAGENCY COUNCIL ON HOMELESSNESS A. The Michigan Interagency Council on Homelessness (“Council”) is created as an advisory body within the Michigan State Housing Development Authority. B. The Council shall be composed of thirteen (13) members appointed by and serving at the pleasure of the Governor. Of the members initially appointed, four (4) members shall be appointed for terms expiring on January 31, 2017; five (5) members shall be appointed for terms expiring January 31, 2018; and four (4) members shall be appointed for terms expiring January 31, 2019. After the initial appointments, members of the council shall serve a term of four (4) years. C. The Council consists of the following members: • The Director of Michigan State Housing Development Authority, or his or her designee; • The Director of the Department of Human Services, or his or her designee; • The Director of the Department of Community Health, or his or her designee; • The Director of the Department of Corrections, or his or her designee; • The Director of the Department of Education, or his or her designee; • The Director of the Department of Military and Veterans Affairs, or his or her designee; • The Director of the Department of Technology, Management and Budget, or his or her designee; • The Director of the Department of Natural Resources, or his or her designee; • A representative of the courts; and • Four (4) representatives of the general public. D. A vacancy on the council occurring other than by expiration of a term shall be filled in the same manner as the original appointment for the balance of the unexpired term. A member may continue serving until his or her successor is appointed. II.  CHARGE TO THE COUNCIL A. The Council shall act in an advisory capacity, serve as a statewide homelessness planning and policy development resource for the Governor and the state of Michigan, and shall do all of the following: 1. Develop, adopt and update a 10-year plan to end homelessness. The 10-year plan shall include evidence-based improvements to programs and policies that will ensure services and housing are provided in an efficient, cost-effective, and productive manner. The plan shall be coordinated and tailored with the Federal Strategic Plan, “Opening Doors,” to meet the needs of this state’s homeless population. 2. Develop recommendations to: • expand and maximize housing resources as central to all efforts to end homelessness; • increase access to mainstream state and federal social service resources such as Temporary Assistance to Needy Families (TANF), Social Security Income (SSI) and veteran benefits; • expand and maximize service resources such as mental health and substance abuse services; • improve cross-system policies and procedures through system integration, streamlined application and eligibility processes, and improved outreach; • ensure persons in state institutions have access to services that will help prevent homelessness upon their discharge; and • promote systems integration, such as health services and housing supports, to increase effectiveness and efficiency. 3. Develop a strategy to implement the plan and to recommend resource, policy and regulatory changes necessary to accomplish the goals of the plan. 4. Recommend and assist in developing partnerships with private entities, including corporate, philanthropic and faith and community-based organizations, as well as the federal and local government, to obtain involvement and support to achieve the goals of the plan. 5. Monitor and oversee the implementation of the plan to ensure accountability and consistent results, including but not limited to: • measurable goals, including numeric goals, for permanent housing units made available for target homeless populations; 46 JOURNAL OF THE SENATE [January 20, 2015] [No. 2 • measure progress using the annual point-in-time data; • measure housing retention and how well homeless programs help their clients become employed and access main­ stream programs; • create and coordinate a statewide data collection and reporting system; and • assemble accurate fiscal and demographic information and research data to support policy development and track outcomes. 6. Identify and maximize the leveraging of resources to improve the system of services for people who are homeless or are at risk of becoming homeless. 7. Provide an annual progress report on the state plan to the Governor and legislature. III.  OPERATIONS OF THE COUNCIL A. The Council shall be staffed and assisted by personnel from the Michigan State Housing Development Authority. Any budgeting, procurement, and related management functions of the Council shall be performed under the direction and supervision of the Chairperson. B. The Director of the Michigan State Housing Development Authority shall serve as Chairperson. C. The Council may select from among its members a Vice-Chairperson and Secretary. D. The Council shall adopt procedures consistent with Michigan law and this Order governing its organization and operations. E. A majority of the members of the Council serving constitutes a quorum for the transaction of the Council’s business. The Council shall act by a majority vote of its serving members. F. The Council shall meet quarterly at the call of the Chairperson and as may be provided in procedures adopted by the Council. G. The Council shall establish an advisory work group, comprised of representatives from the state agencies participating in the Council, representatives of the state’s continuum of care organizations, a statewide homeless advocacy group and other public and private entities as the Council deems necessary to assist the Council in its duties and responsibilities. The work group shall meet monthly. The Council may adopt, reject, or modify any recommendations proposed by the work group. H. The Council may, as appropriate, make inquiries, conduct studies and investigations into efficiencies and processes associated with preventing and ending homelessness, and receive outside comments from the public. The Council may also consult with outside experts in order to perform its duties, including but not limited to, experts in the private sector, government agencies, and at institutions of higher education. I. Members of the Council shall serve without compensation but may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Civil Service Commission, and the Department of Technology, Management and Budget, subject to available funding. J. The Council may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Council and the performance of its duties, as the Chairperson deems advisable and necessary, in accordance with this Order and the relevant statutes, rules, and procedures of the Civil Service Commission, and the Department of Technology, Management and Budget. K. The Council may accept donations of labor, services, or other items of value from any public or private agency or person. Any donations shall be expended in accordance with applicable laws, rules and procedures. L. Members of the Council shall refer all legal, legislative, and media contacts to the Michigan State Housing Develop­ ment Authority. IV. MISCELLANEOUS A. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state may give to the council, or to any member or representative of the council, any necessary assistance required by the council, or any member or representative of the council, in the performance of the duties of the council so far as is compatible with its, his, or her duties. B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order shall not abate by reason of the taking effect of this Order. C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order. The Executive Order shall become effective upon filing. Given under my hand and the Great Seal of the state of [SEAL] Michigan this 16th day of January, in the year of our Lord, Two Thousand Fifteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. No. 2] [January 20, 2015] JOURNAL OF THE SENATE 47 The following message from the Governor was received on January 16, 2015, and read: EXECUTIVE ORDER No. 2015-3 Mental Health and Wellness Commission Michigan Department of Community Health Rescission of Section II of Executive Order 2014-07 and Executive Order 2013-06 HEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power in the Governor; and W WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that the Governor considers necessary for efficient administration; and WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor; unless otherwise provided by the Constitution; and WHEREAS, Executive Order 2013-6 created the Mental Health and Wellness Commission; and WHEREAS, the Commission was created as an advisory body to make recommendations to improve the quality of life, safety, and independence of people living with mental health conditions; and WHEREAS, the Commission issued a report to the Governor in December of 2013 with nearly 60 recommendations that were unanimously agreed upon by the members, focusing on issues including youth, veterans, education, public safety, and the integration of physical and behavioral health; and WHEREAS, Executive Order 2014-7 extended the life of the Commission to further the implementation of the recom­ mendations; and WHEREAS, the legislative term has come to an end and more than half of the current legislative members of the Com­ mission will no longer be serving; and WHEREAS, efforts to continue the implementation of the recommendations of the Commission and make measureable improvements are ongoing within the public and private sectors; and WHEREAS, the Department of Community Health will continue to serve as a convener for those interested in mental health issues; and WHEREAS, abolishing the Mental Health and Wellness Commission will lead to more efficient and effective imple­ mentation of the recommendations made by the Commission; NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: Section II of Executive Order 2014-07 is rescinded and Executive Order 2013-6 is rescinded. This Order shall become effective upon filing. Given under my hand and the Great Seal of the State of [SEAL] Michigan this 16th day of January in the Year of Our Lord, Two Thousand and Fifteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. Messages from the House The following message was received and read: January 14, 2015 y direction of the House of Representatives, I hereby notify you that the House of Representatives has elected Repre­ B sentative Kevin Cotter as Speaker and Gary L. Randall as Clerk. Very respectfully, Gary L. Randall, Clerk House of Representatives 48 JOURNAL OF THE SENATE [January 20, 2015] [No. 2 Resolutions enator Meekhof offered the following resolution: S Senate Resolution No. 3. A resolution of tribute offered as a memorial for Harry A. DeMaso, former member of the Senate. Whereas, This legislative body was saddened to learn of the passing of Harry A. DeMaso. He was a gentleman wellknown and respected for his passionate commitment to the people of this state; and Whereas, Harry DeMaso, a native of Battle Creek, was first elected to the Michigan Senate in 1966. For the next twenty years, he distinguished himself as a champion for unselfish and pragmatic leadership. These were qualities that his successor in the 20th District, Dr. Joe Schwarz, would praise as transcending partisan politics; and Whereas, Notably, he was the lone Republican to vote in favor of a controversial 1983 income tax increase; and Whereas, The strategies he pioneered for attracting international investment to Michigan have accounted for countless opportunities and development across our state; and Whereas, Harry DeMaso’s dedication to family, state, and nation undoubtedly changed Michigan for the better; now, therefore, be it Resolved by the Senate, That we offer this expression of our highest tribute to honor the memory of Harry A. DeMaso, a member of this legislative body from 1967 to 1986; and be it further Resolved, That a copy of this resolution be transmitted to the DeMaso family as evidence of our lasting regard for his memory. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted by a unanimous standing vote of the Senate. Senator Kowall moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieuten­ ant Governor as co‑sponsors of the resolution. The motion prevailed, a majority of the members serving voting therefor. A moment of silence was observed in memory of Harry A. DeMaso, former member of the Senate. enate Concurrent Resolution No. 1. S A concurrent resolution granting authority for adjournment for more than 2 days. (For text of resolution, see Senate Journal No. 1, p. 22.) The House of Representatives has adopted the concurrent resolution. The concurrent resolution was referred to the Secretary for record. enate Concurrent Resolution No. 2. S A concurrent resolution prescribing the Joint Convention Rules for the Legislature. (For text of resolution, see Senate Journal No. 1, p. 22.) The House of Representatives has adopted the concurrent resolution. The concurrent resolution was referred to the Secretary for record. enate Concurrent Resolution No. 3. S A concurrent resolution providing for a joint convention of the Senate and House of Representatives. (For text of resolution, see Senate Journal No. 1, p. 23.) The House of Representatives has adopted the concurrent resolution. The concurrent resolution was referred to the Secretary for record. Introduction and Referral of Bills enator Hildenbrand introduced S Senate Joint Resolution A, entitled A joint resolution proposing an amendment to the state constitution of 1963, by adding section 28 to article I, to recognize a right to hunt, trap, and fish and to harvest game and fish. The joint resolution was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. No. 2] [January 20, 2015] JOURNAL OF THE SENATE 49 enator Knollenberg introduced S Senate Joint Resolution B, entitled A joint resolution proposing an amendment to the state constitution of 1963, by adding section 55 to article IV, to reduce compensation of state legislators who have absences from legislative session. The joint resolution was read a first and second time by title and referred to the Committee on Government Operations. enator Casperson introduced S Senate Joint Resolution C, entitled A joint resolution proposing an amendment to the state constitution of 1963, by amending section 35 of article IX, to provide for the use of certain revenues generated from leases for the extraction of nonrenewable resources from stateowned lands and to modify the allowable expenditures from the Michigan natural resources trust fund. The joint resolution was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. Senators Meekhof, Stamas, Knollenberg, Schuitmaker, Brandenburg, MacGregor, Colbeck, Hildenbrand, Robertson, Shirkey, Booher, Pavlov, Proos, Jones and Marleau introduced Senate Bill No. 1, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 503, 523, 553, and 1311e (MCL 380.503, 380.523, 380.553, and 380.1311e), sections 503, 523, and 553 as amended by 2011 PA 277 and section 1311e as amended by 2009 PA 205. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. Senators MacGregor, Stamas, Knollenberg, Schuitmaker, Brandenburg, Colbeck, Hildenbrand, Meekhof, Robertson, Shirkey, Booher, Pavlov, Proos, Jones and Marleau introduced Senate Bill No. 2, entitled A bill to amend 1974 PA 338, entitled “Economic development corporations act,” by amending section 8 (MCL 125.1608), as amended by 2002 PA 357. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. Senators Robertson, Stamas, Knollenberg, Schuitmaker, Brandenburg, MacGregor, Colbeck, Hildenbrand, Meekhof, Shirkey, Booher, Pavlov, Proos, Jones and Marleau introduced Senate Bill No. 3, entitled A bill to repeal 1965 PA 166, entitled “An act to require prevailing wages and fringe benefits on state projects; to establish the requirements and responsibilities of contracting agents and bidders; and to prescribe penalties,” (MCL 408.551 to 408.558). The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. Senator Shirkey introduced Senate Bill No. 4, entitled A bill to limit governmental action that substantially burdens a person’s exercise of religion; to set forth legislative findings; to provide for asserting a burden on exercise of religion as a claim or defense in any judicial or administrative proceeding; and to provide remedies. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Knezek introduced Senate Bill No. 5, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 272 (MCL 206.272), as amended by 2011 PA 38. The bill was read a first and second time by title and referred to the Committee on Finance. Senator Hildenbrand introduced Senate Bill No. 6, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7b (MCL 211.7b), as amended by 2013 PA 161. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. 50 JOURNAL OF THE SENATE [January 20, 2015] [No. 2 Senator Hildenbrand introduced Senate Bill No. 7, entitled A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 64 (MCL 38.1364), as amended by 1989 PA 194. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Schuitmaker introduced Senate Bill No. 8, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 213 (MCL 18.1213), as amended by 2006 PA 269. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senators Jones, Zorn and Schuitmaker introduced Senate Bill No. 9, entitled A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending sections 7 and 7a (MCL 722.27 and 722.27a), section 7 as amended by 2005 PA 328 and section 7a as amended by 2012 PA 600. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Hildenbrand introduced Senate Bill No. 10, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1 (MCL 205.51), as amended by 2013 PA 160. The bill was read a first and second time by title and referred to the Committee on Finance. Senator Hune introduced Senate Bill No. 11, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 2 (MCL 205.92), as amended by 2013 PA 234. The bill was read a first and second time by title and referred to the Committee on Finance. Senator Jones introduced Senate Bill No. 12, entitled A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2013 PA 112. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Knollenberg introduced Senate Bill No. 13, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 736c, 782b, 795c, 803, and 804 (MCL 168.736c, 168.782b, 168.795c, 168.803, and 168.804), section 736c as added by 2012 PA 128, section 795c as amended by 1990 PA 109, and section 803 as amended by 2004 PA 92. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senator Pavlov introduced Senate Bill No. 14, entitled A bill to amend 1978 PA 113, entitled “An act to regulate the depositing, storing, or both, of radioactive waste,” by amending the title and section 1 (MCL 325.491), the title as amended by 1987 PA 202 and section 1 as amended by 1989 PA 12, and by adding section 2; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Natural Resources. Senator Pavlov introduced Senate Bill No. 15, entitled A bill to create the Michigan firearms freedom act; to make certain findings regarding intrastate commerce; to prohibit federal regulation of firearms, firearms accessories, and ammunition involved purely in intrastate commerce in this state; to provide for certain exceptions to federal regulation; and to establish certain manufacturing requirements. The bill was read a first and second time by title and referred to the Committee on Judiciary. No. 2] [January 20, 2015] JOURNAL OF THE SENATE 51 Senator Casperson introduced Senate Bill No. 16, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1902 and 1903 (MCL 324.1902 and 324.1903), section 1902 as amended by 2012 PA 619 and section 1903 as amended by 2011 PA 117; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. Senator Jones introduced Senate Bill No. 17, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78m (MCL 211.78m), as amended by 2006 PA 498. The bill was read a first and second time by title and referred to the Committee on Local Government. Senator Nofs introduced Senate Bill No. 18, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 2120a. The bill was read a first and second time by title and referred to the Committee on Local Government. Senator Nofs introduced Senate Bill No. 19, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2014 PA 310. The bill was read a first and second time by title and referred to the Committee on Local Government. Senator Shirkey introduced Senate Bill No. 20, entitled A bill to amend 1846 RS 1, entitled “Of the statutes,” (MCL 8.1 to 8.8) by adding sections 9 and 9a. The bill was read a first and second time by title and referred to the Committee on Judiciary. Statements Senator Nofs asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Nofs’ statement is as follows: I’d like to expound a bit on Senator DeMaso and his legacy that he left; if my colleagues would indulge me, just to give you a little more background on a Senator whom I had the pleasure to meet. I rise today in remembrance of former Senator Harry A. DeMaso, who passed away about two weeks ago at the age of 93. As a proud native of Battle Creek, Senator DeMaso spent more than three decades as a leader in our community and as a voice for pragmatic decision-making in Lansing. A few short years after returning home from his service with the U.S. Army Air Corps in World War II, Senator DeMaso was elected Battle Creek Township supervisor. This first venture into public office soon lead to an opportunity to run for the State Legislature, a challenge he accepted in 1957, when he won a seat in the State House, which he served in until 1966, when he was elected to the Michigan Senate, representing Calhoun, Ingham, and Eaton Counties for 20 years. Senator DeMaso was extremely proud of his Italian-American heritage, from which he developed his strong sense of family and civic responsibility. As a state legislator, his resolve to fulfill that responsibility by doing what he believed was best for Michigan, regardless of the political cost, was regularly on display. Outside of his responsibilities in Lansing, Senator DeMaso never lost focus of his hometown. He was a tireless advocate for Battle Creek and all of Calhoun County. He participated in numerous foreign trade missions and was instrumental in attracting international investment to the Fort Custer Industrial Park in Battle Creek, which was just starting at that particular time. His strategies for attracting foreign investment and jobs have been utilized ever since that time across the state. 52 JOURNAL OF THE SENATE [January 20, 2015] [No. 2 Senator DeMaso was a tireless worker. He really did care about his mission and what his responsibilities were here in Lansing. Senator DeMaso’s dedication to family, state, and nation was truly admirable. I personally got to meet him. He used to stop in at the State Police post and talk to us troopers. He only lived a couple of blocks away from the State Police post on Columbia Avenue in Battle Creek. He really, truly cared about state workers and what the state was doing in the services they were delivering to his constituents. There is no doubt that during his 93 years, he changed the Great Lakes State for the better and for all of us to look at as an example of how to do this job right. I would like to offer my sincere condolences to his family and friends. Recess enator Kowall moved that the Senate recess until 6:00 p.m. S The motion prevailed, the time being 11:02 a.m. The Senate reconvened at the expiration of the recess and was called to order by the President, Lieutenant Gover­ nor Calley. During the recess, Senators Knollenberg, Gregory, Hopgood, Smith and Johnson entered the Senate Chamber. Senator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.902 be suspended to allow the guests of all Senators admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 6:01 p.m. 6:16 p.m. The Senate was called to order by the President, Lieutenant Governor Calley. Joint Convention The Sergeant at Arms announced a committee from the House of Representatives, Representatives Leutheuser, Jenkins, Chang and Brunner, who, through their chairperson, reported that the House was ready to meet with the Senate in Joint Convention. The President, Lieutenant Governor Calley, announced that the hour had arrived for the meeting of the two houses in Joint Convention. Senator Kowall moved that the Senate recess for the purpose of proceeding to the Hall of the House of Representatives for the Joint Convention. The motion prevailed, the time being 6:18 p.m. (For proceedings in Joint Convention, see House Journal No. 3, p. 43.) The Senate reconvened at the expiration of the recess at 8:00 p.m. and pursuant to rule 1.101, in the absence of the Presiding Officers, was called to order by the Secretary of the Senate. The Secretary of the Senate announced that the Senate had attended the Joint Convention in the Hall of the House of Representatives and had received the State of the State message by Governor Snyder. No. 2] [January 20, 2015] JOURNAL OF THE SENATE 53 Scheduled Meetings Appropriations Subcommittee State Police and Military Affairs - Thursdays, January 29 (CANCELED), February 19 (CANCELED), February 26 (CANCELED), March 5 (CANCELED), March 12 (CANCELED), and March 26 (CANCELED), 1:00 p.m.; Tuesdays, February 3, February 17, February 24, March 3, March 10, and March 24, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Senate Fiscal Agency Board of Governors - Wednesday, January 21, 11:00 a.m. or later immediately following session, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) enator Stamas moved that the Senate adjourn. S The motion prevailed, the time being 8:01 p.m. The Secretary of the Senate declared the Senate adjourned until Wednesday, January 21, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 54 No. 3 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, January 21, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—excused Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—excused Horn—present Hune—excused Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—excused Stamas—present Warren—present Young—present Zorn—present 56 JOURNAL OF THE SENATE [January 21, 2015] [No. 3 everend Joe Basso of Felch Mountain Bible Chapel of Felch offered the following invocation: R Almighty God, who has revealed Yourself through Your prophets, through Your word, and ultimately through Your Son Jesus: It is to You that I address my prayer and to You alone, for only You can answer and only You can aid Your people. I have been asked to pray before this honorable Senate made up of men and women elected to lead the state of Michigan, to govern its affairs, and to prosper its endeavors. Although they have been elected, we remember that it is You who appoints leaders, and it is You who removes leaders from office. Therefore, they will be held accountable by You for the quality of their leadership. We also remember that You have given government as a servant of God for the good of its people and the punishment of evil. It is for this government that I pray—for the leaders of this Senate; for the men and women of diverse backgrounds and beliefs. In the coming season, these halls will sound of the life of government. There will be long hours of deliberation, moments of heated debate, private and public discussion, and intense disagreement. But in all of this activity, I ask that You would give them the wisdom to know and do what is good, civility in the face of opposition, humility to think of others before themselves, a desire to pursue and defend truth, and in all things integrity. In so doing, may You grant that this government of the state of Michigan would demonstrate to our nation unity in diversity. Finally, we turn our attention to the people of this state. Through the wisdom of this Senate, may You truly bring good to every man, woman, and child; to all of our communities, large and small; to our businesses; and to our schools. May the legacy of this Senate bring blessing upon our children’s children. I thank You, Lord, for giving us the freedom of self-governance in the form of democracy. May You guard our hearts that we may guard its liberty. Help us not to forget You. In Christ’s name, Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Schuitmaker and Marleau entered the Senate Chamber. enator Kowall moved that Senators Brandenburg and Hune be excused from today’s session. S The motion prevailed. enator Hood moved that Senators Johnson and Young be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Hopgood and Smith be excused from today’s session. S The motion prevailed. The Secretary announced that the following bill was printed and filed on Tuesday, January 20, and is available at the Michigan Legislature website: Senate Bill No.  12 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:06 a.m. 11:24 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senators Young and Johnson entered the Senate Chamber. No. 3] [January 21, 2015] JOURNAL OF THE SENATE 57 Messages from the Governor The following messages from the Governor were received and read: January 12, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Community Service Commission Lorna G. Utley of 531 Renaud Road, Grosse Pointe Woods, Michigan 48236, county of Wayne, representing individuals with expertise in the educational, training, and development needs of youth, particularly disadvantaged youth, succeeding Megan Russell Johnson, is appointed for a term expiring October 1, 2016. Christine A. Lanning of 109 Bridgewood Lane, Battle Creek, Michigan 49015, county of Calhoun, representing Native American tribes, succeeding Larry Romanelli, is appointed for a term expiring October 1, 2017. Maria W. Holmes of 11824 Harbor Lane, Belleville, Michigan 48111, county of Wayne, representing business, succeeding Larry Williamson, is appointed for a term expiring October 1, 2017. Nancy E. Lamb of 1311 Kirkland Drive, Midland, Michigan 48640, county of Midland, representing business, succeeding Donna Niester, is appointed for a term expiring October 1, 2017. Dayne A. Walling of 806 Kensington Avenue, Flint, Michigan 48503, county of Genesee, representing national service programs, succeeding Marsha Smith, is appointed for a term expiring October 1, 2017. Michael J. Lavoie of 1555 Tanahill Drive, Bloomfield Hills, Michigan 48034, county of Oakland, representing business, succeeding himself, is reappointed for a term expiring October 1, 2017. Judith Watson Olson of 437 N. River Drive, Gwinn, Michigan 49841, county of Marquette, representing individuals with expertise in the educational, training, and development needs of youth, particularly disadvantaged youth, succeeding herself, is reappointed for a term expiring October 1, 2017. Fred M. Mester of 210 South Berkshire, Bloomfield Hills, Michigan 48302, county of Oakland, representing individuals with expertise in the educational, training, and development needs of youth, particularly disadvantaged youth, succeeding himself, is reappointed for a term expiring October 1, 2017. January 12, 2015 I respectfully submit to the Senate the following appointments to office: Chair - Committee on Juvenile Justice Mary Beth Kelly of 8145 Saint James Drive, Grosse Ile, Michigan 48138, county of Wayne, is appointed for a term expiring at the pleasure of the Governor. ommittee on Juvenile Justice C Mary Beth Kelly of 8145 Saint James Drive, Grosse Ile, Michigan 48138, county of Wayne, representing law enforce­ ment and juvenile justice agencies, which may include state or local police, the local sheriff’s department, juvenile and family court judges, prosecutors, counsel for children and youth, and probation, succeeding Jeffrey Fink, is appointed for a term expiring December 31, 2017. Terri L. Gilbert of 4383 Chad Court, Ann Arbor, Michigan 48103, county of Washtenaw, representing law enforcement and juvenile justice agencies, which may include state or local police, the local sheriff’s department, juvenile and family court judges, prosecutors, counsel for children and youth, and probation, succeeding Barbara Donaldson, is appointed for a term expiring December 31, 2017. Thomas J. Weichel of 6365 N. US Highway 23, Spruce, Michigan 48762, county of Alcona, representing representatives of public agencies concerned with delinquency prevention or treatment, such as welfare, social services, mental health, education, special education, recreation, and youth service, succeeding Edward Roth, is appointed for a term expiring December 31, 2017. Bob Higgins of 6537 Robinswood Drive, Portage, Michigan 49024, county of Kalamazoo, representing youth workers involved with programs that are alternatives to incarceration, including programs providing organized recreation activities, succeeding Richard Wood, is appointed for a term expiring December 31, 2017. Melissa S. Baldwin of 3917 E. Stage Road, Ionia, Michigan 48846, county of Ionia, representing persons who have been or are currently involved in a juvenile justice program, succeeding herself, is reappointed for a term expiring December 31, 2017. John W. Broad of 194 Charlevoix Drive, Grosse Pointe Farms, Michigan 48236, county of Wayne, representing persons with special experience and competence in addressing problems related to school violence and vandalism and alternatives to suspension and expulsion, succeeding himself, is reappointed for a term expiring December 31, 2017. Lawrence E. Emig of 436 W. Osceola Avenue, Reed City, Michigan 49667, county of Osceola, representing locally elected officials in general purpose local government, succeeding himself, is reappointed for a term expiring December 31, 2017. Amanda L. Good of 16159 Rosemont Street, Detroit, Michigan 48219, county of Wayne, representing representatives of private nonprofit organizations, succeeding herself, is reappointed for a term expiring December 31, 2017. 58 JOURNAL OF THE SENATE [January 21, 2015] [No. 3 Nancy Becker Bennett of 3558 Hyacinth Street, Okemos, Michigan 48864, county of Ingham, representing representatives of law enforcement and juvenile justice agencies, which may include state or local police, the local sheriff’s department, juvenile and family court judges, prosecutors, counsel for children and youth, and probation workers, succeeding herself, is reappointed for a term expiring December 31, 2017. Sandra K. Metcalf of 17154 Lincoln Street, Grand Haven, Michigan 48417, county of Ottawa, representing law enforcement and juvenile justice agencies, which may include state or local police, the local sheriff’s department, juvenile and family court judges, prosecutors, counsel for children and youth, and probation workers, succeeding herself, is reappointed for a term expiring December 31, 2017. Joseph P. Ryan of 1408 Wells Drive, Ann Arbor, Michigan 48104, county of Washtenaw, representing persons with special experience and competence in addressing problems related to learning disabilities, emotional difficulties, child abuse and neglect, and youth violence, succeeding himself, is reappointed for a term expiring December 31, 2017. Jordan M. Scott of 1440 Leonard Street, Muskegon, Michigan 49442, county of Muskegon, representing members who have been or are currently under the jurisdiction of the juvenile justice system and under the age of 24, succeeding himself, is reappointed for a term expiring December 31, 2017. Kenyatta A. Stephens of 34369 Ramble Hills Drive, Farmington Hills, Michigan 48331, county of Oakland, representing volunteers who work with delinquents or potential delinquents, succeeding herself, is reappointed for a term expiring December 31, 2017. Austin Schmidt of 2502 Stobbe Street, Saginaw, Michigan 48602, county of Saginaw, representing members who have been or are currently under the jurisdiction of the juvenile justice system and are under the age of 24 at the time of appoint­ ment, succeeding himself, is reappointed for a term expiring December 31, 2017. January 20, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Strategic Fund Board of Directors Steven Arwood of 5665 S. Forrest Road, St. Johns, Michigan 48879, county of Clinton, is appointed to serve as Chairperson of the MSF Board of Directors and President of the Michigan Strategic Fund, succeeding Michael Finney, for a term expiring at the pleasure of the Governor. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. Resolutions enator Meekhof offered the following resolution: S Senate Resolution No. 4. A resolution to amend the Standing Rules of the Senate. Resolved by the Senate, That Rule 2.103 of the Standing Rules of the Senate be hereby amended to read as follows: “2.103 STANDING COMMITTEES The standing committees of the Senate shall be: Agriculture (5 members) Appropriations (17 members) Banking and Financial Institutions (7 8 members) Commerce (5 members) Economic Development (7 members) Education (5 members) Elections and Government Reform (5 members) Energy and Technology (10 members) Families, Seniors and Human Services (5 members) Finance (7 members) Government Operations (5 members) Health Policy (10 members) Insurance (9 members) Judiciary (5 members) Local Government (5 members) Michigan Competitiveness (5 members) Natural Resources (5 members) No. 3] [January 21, 2015] JOURNAL OF THE SENATE 59 utdoor Recreation and Tourism (5 members) O Regulatory Reform (9 members) Transportation (5 members) Veterans, Military Affairs and Homeland Security (5 members) Statutory standing committees: Administrative Rules (5 members) (see MCL 24.235) Legislative Council (6 members and 3 alternates) (see MCL 4.1103) Legislative Retirement Board of Trustees (2 members) (see MCL 38.1026) Michigan Capitol Committee (4 members) (see MCL 4.1701)”. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted, a majority of the members serving voting therefor. Senators Booher, Kowall, MacGregor and Zorn were named co‑sponsors of the resolution. By unanimous consent the Senate returned to the order of Motions and Communications he Secretary announced that the Majority Leader has made the appointment of the following standing committee: T Banking and Financial Institutions - Senator Rocca as a member. The standing committee appointment was approved, a majority of the members serving voting therefor. The following communications were received and read: Office of the Auditor General January 16, 2015 nclosed is a copy of the following audit report: E Performance audit of Community Health Automated Medicaid Processing System (CHAMPS) Claims Edits, Department of Community Health and Department of Technology, Management, and Budget. nclosed is a copy of the following audit report: E Performance audit of the Motor Vehicle Title and Registration Process, Department of State. Sincerely, Doug Ringler Auditor General The audit reports were referred to the Committee on Government Operations. January 16, 2015 Introduction and Referral of Bills enators Jones, Horn and Booher introduced S Senate Joint Resolution D, entitled A joint resolution proposing an amendment to the state constitution of 1963, by amending section 11 of article IX, to require that all local school districts receive the same amount of total state and local per pupil revenue for school operating purposes. The joint resolution was read a first and second time by title and referred to the Committee on Appropriations. Senators Nofs and Casperson introduced Senate Bill No. 21, entitled A bill to amend 1986 PA 182, entitled “State police retirement act of 1986,” by amending section 40a (MCL 38.1640a), as amended by 1996 PA 201. The bill was read a first and second time by title and referred to the Committee on Appropriations. 60 JOURNAL OF THE SENATE [January 21, 2015] [No. 3 Senators Casperson and Nofs introduced Senate Bill No. 22, entitled A bill to amend 1986 PA 182, entitled “State police retirement act of 1986,” (MCL 38.1601 to 38.1648) by adding section 40c. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senators Jones, Hune, Colbeck, Rocca, Robertson and Zorn introduced Senate Bill No. 23, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2012 PA 597. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Nofs, Knezek, Hertel, Marleau, Hansen, Kowall, Rocca, Casperson, Jones, Emmons, Hildenbrand, Proos, Horn, Robertson, Schuitmaker and Schmidt introduced Senate Bill No. 24, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2014 PA 40. The bill was read a first and second time by title and referred to the Committee on Finance. Committee Reports The Committee on Judiciary reported Senate Bill No. 12, entitled A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2013 PA 112. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, January 20, 2015, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesdays, February 17, March 10, March 17, and March 24, 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768) State Police and Military Affairs - Thursdays, January 29 (CANCELED), February 19 (CANCELED), February 26 (CANCELED), March 5 (CANCELED), March 12 (CANCELED), and March 26 (CANCELED), 1:00 p.m.; Tuesdays, February 3, February 17, February 24, March 3, March 10, and March 24, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) No. 3] [January 21, 2015] JOURNAL OF THE SENATE 61 enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:29 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, January 22, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 62 No. 4 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, January 22, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—excused Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—excused Horn—present Hune—present Johnson—excused Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—excused Stamas—present Warren—present Young—excused Zorn—present 64 JOURNAL OF THE SENATE [January 22, 2015] [No. 4 astor Jeff Noble of Praise Baptist Church of Plymouth offered the following invocation: P Heavenly Father, we come before You this morning with rejoicing in the fact that we have another day in which we can do Your business and be about Your will. Father, I pray for this assembly here. God, I pray that You would just bless each and every one of them. Allow them to be sensitive to Your moving and Your directions. God, I pray that we would always be sensitive to the fact that we are not here to look out for our own interests, but for the interests of others; that we were elected to be about the people’s business and not about our own. God, I pray that each man and each woman here would remember that they are representing a people who have asked them to do their bidding and, God, that they would do it with great integrity; they would do it with honor and honesty; and all of the things, God, that You have told us in Your word. I pray, Father, that if this day were to be our last day, we would be able to say that we were faithful to carry out Your will. Father, I am reminded of the words of King Solomon in the proverb that says, “Commit whatever you do to the Lord and it will succeed.” God, may that be our hearts here this morning. We thank You, Lord, for the gift of life, for Your love, and we pray, Father, that we would exemplify that in everything that we say and do here today; for it’s in my Lord’s name we pray. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Shirkey, Meekhof, Knezek and Hildenbrand entered the Senate Chamber. enator Kowall moved that Senator Brandenburg be excused from today’s session. S The motion prevailed. enator Hood moved that Senators Johnson, Hopgood, Smith and Young be excused from today’s session. S The motion prevailed. The Secretary announced that the following bills and joint resolutions were printed and filed on Wednesday, January 21, and are available at the Michigan Legislature website: Senate Bill Nos. 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 20 21 22 23 24 Senate Joint Resolutions A B C D By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator Kowall introduced Senate Bill No. 25, entitled A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 9 (MCL 247.909), as amended by 1993 PA 149. The bill was read a first and second time by title and referred to the Committee on Economic Development. Senator Kowall introduced Senate Bill No. 26, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 105, 2501, 2502a, 2503, 2504, 2504a, 2505, 2506, 2509, 2510, 2512, and 2512d (MCL 339.105, 339.2501, 339.2502a, 339.2503, 339.2504, 339.2504a, 339.2505, 339.2506, 339.2509, 339.2510, 339.2512, and 339.2512d), section 105 as amended by 1988 PA 463, sec­ tions 2501 and 2512 as amended and section 2512d as added by 2008 PA 90, sections 2502a and 2504 as amended and section 2504a as added by 2014 PA 106, section 2503 as amended by 1990 PA 269, section 2505 as amended by 2003 PA 196, section 2506 as amended by 2011 PA 33, and section 2509 as amended by 1988 PA 16, and by adding sec­ tions 2502b, 2512e, 2512f, 2516, and 2516a. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. No. 4] [January 22, 2015] JOURNAL OF THE SENATE 65 Senators Jones, Colbeck, MacGregor, Marleau, Zorn and Robertson introduced Senate Bill No. 27, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2835 (MCL 333.2835), as amended by 2012 PA 499, and by adding section 2839. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators Bieda, Jones, Rocca, Hertel, Johnson, Hood, Young, Knezek, Kowall and Knollenberg introduced Senate Bill No. 28, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 50 and 50b (MCL 750.50 and 750.50b), section 50 as amended by 2007 PA 152 and section 50b as amended by 2008 PA 339. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Jones, Bieda, Rocca, Hertel, Johnson, Hood, Young, Knezek, Kowall and Knollenberg introduced Senate Bill No. 29, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 16b, 34, 40, 46, and 49 of chapter XVII (MCL 777.16b, 777.34, 777.40, 777.46, and 777.49), section 16b as amended by 2008 PA 562, section 34 as added by 1998 PA 317, section 40 as amended by 2014 PA 350, section 46 as amended by 1999 PA 227, and section 49 as amended by 2002 PA 137. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Knezek introduced Senate Bill No. 30, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2012 PA 597. The bill was read a first and second time by title and referred to the Committee on Finance. Statements Senator Schuitmaker asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Schuitmaker’s statement is as follows: I would like to take a moment to share with my colleagues the remarkable life of a friend and mentor who passed away last week. Shirley Jackson was a longtime resident of Van Buren County and a leader in our community. Throughout her life, she was actively involved in public service. The list of her contributions is long, but I would like to highlight just a few. As a woman, Shirley broke a lot of barriers in her lifetime that paved the way for other women to run for office. She became the first woman Van Buren County commissioner in 1976, and she became the first woman to serve as county clerk in 1982, a position she held for over 20 years. She was also honored throughout her life for her work in the Republican Party, including receiving the 60 years of service award in 2011. Something she considered one of her greatest achievements came in 1988 when she cast a vote for George H.W. Bush as one of Michigan’s electors. I owe much of my political success in life to Shirley. She courageously explored uncharted waters and made it possible for women to play a more active role in government. She will be deeply missed, but her legacy will live on. I would like to express my condolences to her friends and family as they grieve, but they should take comfort in the fact that Van Buren County has been permanently changed for the better because of Shirley’s extraordinary life. Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesdays, February 17, March 10, March 17, and March 24, 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768) 66 JOURNAL OF THE SENATE [January 22, 2015] [No. 4 General Government and Economic Development - Thursday, January 29, 1:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768) State Police and Military Affairs - Thursdays, January 29 (CANCELED), February 19 (CANCELED), February 26 (CANCELED), March 5 (CANCELED), March 12 (CANCELED), and March 26 (CANCELED), 1:00 p.m.; Tuesdays, February 3, February 17, February 24, March 3, March 10, and March 24, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Economic Development and General Government Appropriations Subcommittee - Thursday, January 29, 1:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:15 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, January 27, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 5 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, January 27, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—excused Smith—present Stamas—present Warren—present Young—present Zorn—present 68 JOURNAL OF THE SENATE [January 27, 2015] [No. 5 Reverend George Showers of Seville Community Church of Elwell offered the following invocation: Almighty God, in the quietness of these moments, we reflect on the past history that is such an important part of this Senate Chamber. We are, indeed, thankful for the individuals who have served the state of Michigan in the past and those who are currently entrusted with the responsibility and authority to faithfully guide this great state, which we so proudly call our home. We applaud the members of the Michigan Senate in their dedication and willingness to serve the citizens of their districts. I pray that each Senator will enjoy a sense of unity as they work through the challenges they will face in 2015. I also pray that these talented men and women will continue to positively pave the way for future generations who will also be responsible for the course of history in the state of Michigan. Gracious God, be our guide and the source of stimulus in our commitment as we support these who have been entrusted with the responsibility of state government. I ask that You strengthen them with honor and peace as they perform the essentials of the office for which they were elected. I pray this in the name of the Heavenly Father. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senator Shirkey be excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Pavlov and Green admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:04 a.m. 10:16 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senators Pavlov and Green introduced the North Branch High School Girls Varsity Volleyball Team, 2014 MHSAA Class B State Champions; Coach James Fish, Superintendent Thomas A. English, and Principal Mark Hiltunen; and presented them with a Special Tribute. Coach Fish responded briefly. Messages from the Governor The following messages from the Governor were received and read: January 16, 2015 I respectfully submit to the Senate the following appointments to office: Chair - Workers’ Compensation Board of Magistrates Lisa Klaeren of 6248 Valley Forge Drive, Kalamazoo, Michigan 49009, county of Kalamazoo, succeeding herself, is reappointed for a term expiring at the pleasure of the Governor. No. 5] [January 27, 2015] JOURNAL OF THE SENATE 69 orkers’ Compensation Board of Magistrates W Lisa A. Klaeren of 6248 Valley Forge Drive, Kalamazoo, Michigan 49009, county of Kalamazoo, succeeding herself, is reappointed for a term expiring January 26, 2019. Brian Boyle of 7111 Cedarbank Drive, West Bloomfield, Michigan 48324, county of Oakland, succeeding himself, is reappointed for a term expiring January 26, 2019. Luke A. McMurray of 4197 E. Cook Road, Grand Blanc, Michigan 48439, county of Genesee, succeeding himself, is reappointed for a term expiring January 26, 2019. Beatrice B. Logan of 25171 Delphi Court, Farmington Hills, Michigan 48336, county of Oakland, succeeding herself, is reappointed for a term expiring January 26, 2019. David P. Grunewald of 11 Torrey Road, Grosse Pointe Woods, Michigan 48236, county of Wayne, succeeding himself, is reappointed for a term expiring January 26, 2019. Chris D. Slater of 1695 Flowers Mill Drive, N.E., Grand Rapids, Michigan 49525, county of Kent, succeeding himself, is reappointed for a term expiring January 26, 2019. Robert J. Tjapkes of 10840 Midway Road, Clarksville, Michigan 48815, county of Ionia, succeeding himself, is reappointed for a term expiring January 26, 2019. E. Louis Ognisanti of 625 Westfield Drive, Saginaw, Michigan 48602, county of Saginaw, succeeding himself, is reap­ pointed for a term expiring January 26, 2019. January 20, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Board of Medicine Stacey T. Frankovich of 112 Clarkston Road, Clarkston, Michigan 48346, county of Oakland, representing the general public, succeeding Carol Sheridan, is appointed for a term expiring December 31, 2018. January 21, 2015 I respectfully submit to the Senate the following appointment to office: Great Lakes Water Authority Earl Hood of 1980 Stonebridge Drive North, Ann Arbor, Michigan 48108, county of Washtenaw, representing ratepayers from the other suburban counties touched by the system, is appointed for a term expiring at the pleasure of the Governor. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. By unanimous consent the Senate returned to the order of Motions and Communications The following communications were received and read: Office of the Auditor General January 22, 2015 nclosed is a copy of the following audit report: E Performance audit of Data Security Using Mobile Devices, Department of Technology, Management, and Budget. January 22, 2015 nclosed is a copy of the following audit report: E Financial audit of the Michigan Finance Authority, a discretely presented component unit of the State of Michigan, for the fiscal year ended September 30, 2014. Sincerely, Doug Ringler Auditor General The audit reports were referred to the Committee on Government Operations. The Secretary announced that pursuant to Rule 2.109 of the Standing Rules of the Senate, the following expense reports have been filed with the Secretary of the Senate for the quarter from July 1, 2014 through September 30, 2014, and are available in the Secretary’s office during business hours for public inspection: Committee Agriculture Appropriations Banking and Financial Institutions Chairperson Senator Joe Hune Senator Roger Kahn Senator Darwin Booher 70 JOURNAL OF THE SENATE [January 27, 2015] ompliance and Accountability C Economic Development Education Energy and Technology Families, Seniors and Human Services Finance Government Operations Health Policy Infrastructure Modernization Insurance Judiciary Local Government and Elections Natural Resources, Environment and Great Lakes Outdoor Recreation and Tourism Redistricting Reforms, Restructuring and Reinventing Regulatory Reform Transportation Veterans, Military Affairs and Homeland Security Senator Senator Senator Senator Senator Senator Senator Senator Senator Senator Senator Senator Senator Senator Senator Senator Senator Senator Senator [No. 5 Arlan Meekhof Mike Kowall Phil Pavlov Mike Nofs Judy Emmons Jack Brandenburg Randy Richardville Jim Marleau Roger Kahn Joe Hune Rick Jones David Robertson Tom Casperson Goeff Hansen Joe Hune Mark Jansen Tory Rocca Tom Casperson John Moolenaar The Secretary announced that the following bills were printed and filed on Thursday, January 22, and are available at the Michigan Legislature website: Senate Bill Nos. 25 26 27 28 29 30 House Bill Nos. 4035 4036 4037 4038 4039 4040 4041 4042 4043 4044 4045 4046 4047 The Secretary announced that the following bills were printed and filed on Friday, January 23, and are available at the Michigan Legislature website: House Bill Nos. 4048 4049 4050 4051 4052 4053 4054 4055 4056 4057 4058 By unanimous consent the Senate proceeded to the order of Resolutions Senators Pavlov, Stamas, Nofs, Casperson, Kowall, Green, Colbeck, Proos, Robertson, Marleau, Knollenberg, Horn, Hildenbrand, Jones, Schuitmaker, Booher and Hune offered the following resolution: Senate Resolution No. 5. A resolution to declare January 25-31, 2015, as Catholic Schools Week in the state of Michigan. Whereas, There are 55,886 students attending 228 Catholic elementary and high schools throughout our great state; and Whereas, The Constitution of Michigan states: “Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged”; and Whereas, Catholic school parents pay tuition in addition to supporting public schools through their taxes; and Whereas, Catholic schools comply with the same health, safety, and general welfare regulations required of public schools, but without compensation from the state government; and Whereas, The viability of Catholic schools should be encouraged so that declines in Catholic school enrollment, which necessitate increases in public expenditures in the School Aid Fund, can be avoided; and Whereas, Catholic schools produce students who are strongly dedicated to faith, values, families, and communities by providing an intellectually stimulating environment rich in spiritual character and moral development, making them responsible citizens of our state and nation; and Whereas, Catholic schools educate many students who are non-Catholic and many students who are economically dis­ advantaged, ensuring that a good education remains the single best way out of poverty; and Whereas, With their traditionally high academic standards and high graduation rates, Catholic schools and their graduates make a positive contribution to American society; and Whereas, January 25-31, 2015, has been designated as Catholic Schools Week, with the theme “Catholic Schools: Com­mun­ities of Faith, Knowledge and Service,” as denoted by the National Catholic Educational Association and the United States Conference of Catholic Bishops; and Whereas, The common good of the state of Michigan is strengthened through the continued existence of Catholic schools; and Whereas, Catholic schools are part of a solution to support families and to build productive lives for future generations; now, therefore, be it No. 5] [January 27, 2015] JOURNAL OF THE SENATE 71 Resolved by the Senate, That the members of this legislative body declare January 25-31, 2015, as Catholic Schools Week in the state of Michigan. We support the continued dedication of Catholic schools across Michigan toward academic excel­ lence and the key role Catholic schools play in promoting and ensuring a brighter, stronger future for students; and be it further Resolved, That a copy of this resolution be transmitted to the Michigan Catholic Conference with our highest esteem. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Emmons, Hopgood, O’Brien and Schmidt were named co‑sponsors of the resolution. Senators Pavlov, Stamas, Nofs, Casperson, Kowall, Green, Colbeck, Proos, Robertson, Marleau, Knollenberg, Hildenbrand, Booher and Hune offered the following resolution: Senate Resolution No. 6. A resolution recognizing January 25 - January 31, 2015, as Michigan School Choice Week. Whereas, All children in Michigan should have the right to the highest-quality schools possible; and Whereas, Citizens across Michigan agree that improving the quality of education and expanding access to highly-effective schools should be issues of importance to our state’s leaders; and Whereas, Michigan recognizes the critical role that an effective and accountable system of education plays in preparing all children to be successful in a global economy; and Whereas, There are a multitude of high-quality public schools, public charter schools, and nonpublic schools in the state of Michigan; and Whereas, Michigan has many outstanding teaching professionals in public, private, and charter schools across the state who are committed to educating children; and Whereas, The vital cause of education reform is one that transcends ideology and political party affiliation; and Whereas, Research in Michigan and across the nation demonstrates conclusively that providing parents with multiple schooling options improves academic performance; now, therefore, be it Resolved by the Senate, That we hereby commemorate January 25 - January 31, 2015, as Michigan School Choice Week in the state of Michigan, and we call this observance to the attention of all our citizens; and be it further Resolved, That a copy of this resolution be transmitted to the National School Choice Week organization with our highest esteem. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Emmons and Schmidt were named co‑sponsors of the resolution. enator Casperson offered the following resolution: S Senate Resolution No. 7. A resolution to support scientifically-based state management of gray wolves and to call for legislative action by the U.S. Congress and an appeal by the U.S. Fish and Wildlife Service and the Michigan Department of Natural Resources in an effort to remove the Western Great Lakes gray wolf population from the endangered and threatened species list. Whereas, On December 19, 2014, the U.S. District Court for the District of Columbia returned the Western Great Lakes population of gray wolves to the federal endangered and threatened species list. This is the third time in the last decade that federal courts have disregarded the judgment of U.S. Fish and Wildlife Service scientists and overturned a delisting of the gray wolf in the Great Lakes regions; and Whereas, Based on objective scientific criteria, gray wolves have made a remarkable recovery from near extinction and are no longer endangered in Michigan. Michigan’s gray wolf population exceeds by more than three times the number of wolves biologists consider necessary to maintain a healthy population and has grown steadily for more than a decade. Michigan’s wolf population has met all federal recovery goals for delisting, both in terms of the number of wolves and the stability of those numbers; and Whereas, The extreme protection afforded gray wolves under the federal Endangered Species Act prevents sound manage­ ment of this species in Michigan. Gray wolves increasingly endanger people and domestic animals as they encroach more and more on developed areas, and they also impact other wildlife. In 2014, deadly wolf attacks on livestock and dogs increased 75 percent in Michigan’s Upper Peninsula. As a result of the court’s decision, Michigan’s laws allowing citizens to protect their valuable livestock and dogs from wolves have been invalidated. The federal law was designed to bring back species from the brink of extinction, not manage the complicated interactions between people and an increasingly large and expanding predator population; and 72 JOURNAL OF THE SENATE [January 27, 2015] [No. 5 Whereas, Michigan is well-prepared to manage gray wolves. The state of Michigan has developed a scientifically-based management plan that will continue to maintain a healthy gray wolf population while allowing for more flexibility when conflicts between people and wolves arise. This plan will allow the state to meets its obligations under sections 51 and 52 of the Constitution of the State of Michigan of 1963 to protect the public health and natural resources in the interest of the general welfare of the people; and Whereas, Michigan cannot properly manage the gray wolf population until gray wolves are removed from the federal endangered and threatened species list in the Great Lakes region. The federal courts’ continued interference infringes on this state’s rights under the Tenth Amendment to the U.S. Constitution, and the U.S. District Court’s ruling must be overturned or the fundamental flaws in the federal Endangered Species Act corrected so that science and reason can prevail; now, therefore, be it Resolved by the Senate, That we support scientifically-based state management of gray wolves by the Michigan Natural Resources Commission and the Michigan Department of Natural Resources; and be it further Resolved, That to achieve that end, we support federal legislation to lift federal protections on the Western Great Lakes gray wolf population so they are no longer considered endangered, and we call on the U.S. Fish and Wildlife Service and the Michigan Department of Natural Resources to appeal the recent federal court ruling that returned gray wolves in the Great Lakes region to the federal endangered and threatened species list; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, the director of the U.S. Fish and Wildlife Service, the Michigan Natural Resources Commission, and the director of the Michigan Department of Natural Resources. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Natural Resources. The motion prevailed. Senators Emmons, Proos and Zorn were named co‑sponsors of the resolution. Introduction and Referral of Bills Senator Hood introduced Senate Bill No. 31, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 81f. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Hood introduced Senate Bill No. 32, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2012 PA 365. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Pavlov, Proos, Hansen, Booher and Schuitmaker introduced Senate Bill No. 33, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1136. The bill was read a first and second time by title and referred to the Committee on Education. Senators Green, Meekhof, Kowall, Casperson, Proos, Hildenbrand, Pavlov, Colbeck, Jones, Robertson, Schuitmaker, Knezek, Schmidt, Horn, Hansen, Emmons, Shirkey, Stamas, MacGregor, Zorn, Nofs and Knollenberg introduced Senate Bill No. 34, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers No. 5] [January 27, 2015] JOURNAL OF THE SENATE 73 and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 2a, 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5j, 5k, 5l, 5o, and 8 (MCL 28.421, 28.422a, 28.424, 28.425, 28.425a, 28.425b, 28.425c, 28.425d, 28.425e, 28.425f, 28.425j, 28.425k, 28.425l, 28.425o, and 28.428), section 1 as amended by 2014 PA 203, section 2a as amended by 2013 PA 3, section 4 as amended by 2014 PA 6, sections 5 and 5a as added by 2000 PA 381, section 5b as amended by 2014 PA 207, sections 5c and 5d as amended by 2002 PA 719, section 5e as amended by 2014 PA 204, sections 5f and 5k as amended by 2012 PA 123, section 5j as amended by 2004 PA 254, section 5l as amended by 2012 PA 32, section 5o as amended by 2014 PA 206, and section 8 as amended by 2008 PA 406, and by adding section 5x; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Green, Meekhof, Casperson, Proos, Hildenbrand, Pavlov, Colbeck, Marleau, Jones, Robertson, Schuitmaker, Knezek, Schmidt, Horn, Hansen, Emmons, Kowall, Shirkey, Stamas, MacGregor, Zorn, Nofs and Knollenberg introduced Senate Bill No. 35, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2012 PA 124. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Booher, Colbeck, Marleau, Jones, MacGregor, Meekhof, Hildenbrand and Hansen introduced Senate Bill No. 36, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding part 20c. The bill was read a first and second time by title and referred to the Committee on Education. Senators Booher, Colbeck, Marleau, Jones, MacGregor, Meekhof, Hildenbrand and Hansen introduced Senate Bill No. 37, entitled A bill to amend 1966 PA 331, entitled “Community college act of 1966,” (MCL 389.1 to 389.195) by adding section 132. The bill was read a first and second time by title and referred to the Committee on Education. Senators Hansen, Booher, Colbeck, Marleau, Jones, MacGregor, Meekhof and Hildenbrand introduced Senate Bill No. 38, entitled A bill to authorize state universities to offer academic credit for concurrent enrollment courses provided by public high schools in this state; and to authorize lower tuition rates for those courses. The bill was read a first and second time by title and referred to the Committee on Education. Senators Casperson and Booher introduced Senate Bill No. 39, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 503, 504, 2104, 2106, 2126, 2130, 2131, 2132, 2136, 52501, 52503, and 52506 (MCL 324.503, 324.504, 324.2104, 324.2106, 324.2126, 324.2130, 324.2131, 324.2132, 324.2136, 324.52501, 324.52503, and 324.52506), section 503 as amended by 2012 PA 294, section 504 as amended by 2009 PA 47, section 2104 as amended by 1998 PA 28, sections 2106, 2130, and 2136 as added by 1995 PA 60, section 2126 as amended by 2011 PA 323, sections 2131 and 2132 as amended by 2012 PA 622, and section 52501 as amended and sections 52503 and 52506 as added by 2004 PA 125, and by adding sections 514, 2137, and 72117. The bill was read a first and second time by title and referred to the Committee on Natural Resources. Senators Booher and Casperson introduced Senate Bill No. 40, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 2135, 2154, and 51106 (MCL 324.2135, 324.2154, and 324.51106), section 2135 as added by 1995 PA 60 and sections 2154 and 51106 as amended by 2012 PA 604. The bill was read a first and second time by title and referred to the Committee on Natural Resources. 74 JOURNAL OF THE SENATE [January 27, 2015] [No. 5 Senators Marleau, Green, Zorn, Hertel, Schuitmaker and Knezek introduced Senate Bill No. 41, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 52A. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senator Casperson introduced Senate Bill No. 42, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 7a, 18b, 25, 67a, 212, 259, 306, 307, 309, 310d, 310e, 312e, 312f, 319, 319b, 324, 732, 803b, and 904 (MCL 257.7a, 257.18b, 257.25, 257.67a, 257.212, 257.259, 257.306, 257.307, 257.309, 257.310d, 257.310e, 257.312e, 257.312f, 257.319, 257.319b, 257.324, 257.732, 257.803b, and 257.904), sections 7a and 212 as amended by 2002 PA 534, section 18b as added and section 67a as amended by 1988 PA 346, section 306 as amended by 2014 PA 120, section 307 as amended by 2012 PA 55, section 309 as amended by 2012 PA 355, section 310d as amended by 2004 PA 62, section 310e as amended by 2011 PA 124, sec­ tions 312e and 803b as amended by 2011 PA 159, section 312f as amended by 2012 PA 473, section 319 as amended by 2012 PA 306, section 319b as amended by 2012 PA 498, section 324 as amended by 2006 PA 298, section 732 as amended by 2012 PA 592, and section 904 as amended by 2008 PA 461, and by adding section 306a. The bill was read a first and second time by title and referred to the Committee on Transportation. Senator Knezek introduced Senate Bill No. 43, entitled A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2014 PA 190. The bill was read a first and second time by title and referred to the Committee on Local Government. Statements enator Colbeck moved that the statement he made on January 22 on the order of Statements be printed in the Journal. S The motion prevailed. Senator Colbeck’s statement is as follows: We are a little over a week into the start of the 98th Legislature. I believe it is a good time for some introspection. My colleagues, I would like to tee up this introspection with a very simple question: Why are you here? Why did you subject yourselves, your families, and your friends to the lies, character assassinations, and hardships of all sorts that are all too often associated with running for elected office? Are you here because you like being called Senator? Do you like the power and prestige that may go along with the title? Perhaps your motives are nobler. Perhaps you have seen bad government in action and want to make sure that bad policies are replaced with good policies. Perhaps members of your community lobbied you to be their voice in Lansing, because they respect you. Perhaps you simply want to serve others. Many of you have started out your public service with the noblest of intentions. Is that still what drives you today? Politicians consistently poll in the single digits when citizens are asked which professions they trust. This lack of trust translates into a lack of trust in our political system—a political system that has brought our nation unparalleled prosperity, a precious spirit of generosity, and status as a beacon of hope for the rest of the world. We need to restore trust in our political system. While it is no small task, this is the mission that motivates me to serve. We need to move beyond political politics as usual and foster a political environment that restores the public’s trust in our system of government. Too often in Lansing, we find ourselves caught up in a cesspool of playground politics filled with false narratives, whisper campaigns, and attempts to elevate oneself by demeaning another. We are better than this. Together, we can convert Lansing into an environment that promotes nobler virtues worthy of our proud American heritage, worthy of today’s electorate, and worthy of posterity; virtues such as honesty and integrity; virtues such as freedom; virtues such as the promotion of the idea that our citizens deserve the best solutions to the problems that we face, not simply a solution that benefits only an influential subset of our citizens. It was painful whenever I encountered people on the campaign trail who had given up on our system of government; who had given up on the promise of a government that they could trust; who had given up on the idea that any politician would put the best interests of their constituents above their own self-interests; who had given up on the idea that elected officials would legislate in a manner consistent with their campaign promises. No. 5] [January 27, 2015] JOURNAL OF THE SENATE 75 At risk is the very concept of living under a government that is of the people, for the people, and by the people. Each of us reaffirmed the following oath last week: “I do solemnly swear that I will support the Constitution of the United States and the Constitution of this state, and that I will faithfully discharge the duties of the office of State Senator according to the best of my ability”—so help me God. Please note that we did not swear an oath to serve our own best interests. We did not swear an oath to serve our favorite lobbying group. We did not swear an oath to a specific individual. We took an oath under God with our hands on the Bible to serve the best interests of We the People. This same Bible tells us that no servant can serve two masters, for either he will hate the one and love the other, or he will be devoted to one and despise the other. That is from Luke 16:13. I am asking each of us, including myself, to reflect upon a simple question: Whom are you serving?” Are you serving the best interests of all the citizens of this state? If not, why not? Are you afraid? Are you afraid to speak up for what you know in your heart is right? Are you afraid of being misrepresented and ridiculed in the media? Are you simply afraid that you may not be up to the task? I implore each of you: Do not be afraid. God did not give us a spirit of timidity or fear, but one of power, of love, and of self-control. I believe that is how we are called to serve. In today’s political environment, so often driven by self-interest, there doesn’t seem to be any room for the pursuit of ideals bigger than oneself. We can change that. Together, we can provide citizens with a quality of public service that truly earns the salutation of honorable. It all starts with each of us answering a simple question with complete honesty: Whom do you serve? Committee Reports COMMITTEE ATTENDANCE REPORT he Senate Fiscal Agency Board of Governors submitted the following: T Meeting held on Wednesday, January 21, 2015, at 11:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Meekhof (C), Hildenbrand, MacGregor, Ananich and Gregory Scheduled Meetings Appropriations - Wednesday, January 28, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1801) Subcommittees Agriculture and Rural Development - Tuesdays, February 17, March 10, March 17, and March 24, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Capital Outlay - Wednesday, January 28, 4:00 p.m. or later after committees are given leave by the House to meet, House Appropriations Room, 3rd Floor, Capitol Building (373-8080) General Government and Economic Development - Thursday, January 29, 1:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768) Human Services - Thursday, January 29, 2:00 p.m., Room 100, Farnum Building (373-2768) State Police and Military Affairs - Thursdays, January 29 (CANCELED), February 19 (CANCELED), February 26 (CANCELED), March 5 (CANCELED), March 12 (CANCELED), and March 26 (CANCELED), 1:00 p.m.; Tuesdays, February 3, February 17, February 24, March 3, March 10, and March 24, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Economic Development and General Government Appropriations Subcommittee - Thursday, January 29, 1:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5312) Natural Resources - Wednesday, January 28, 12:30 p.m., Room 210, Farnum Building (373-5314) Regulatory Reform - Wednesday, January 28, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5314) Transportation - Thursday, January 29, 8:30 a.m., Room 210, Farnum Building (373-5323) Veterans, Military Affairs and Homeland Security - Thursday, January 29, 2:00 p.m., Room 110, Farnum Building (373-5314) 76 JOURNAL OF THE SENATE [January 27, 2015] [No. 5 enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:24 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, January 28, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 6 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, January 28, 2015. 10:00 a.m. The Senate was called to order by the Assistant President pro tempore, Senator Margaret E. O’Brien. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—excused Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—excused Stamas—present Warren—present Young—excused Zorn—present 78 JOURNAL OF THE SENATE [January 28, 2015] [No. 6 enator Michael Green of the 31st District offered the following invocation: S Dear Heavenly Father, we are so thankful for this beautiful day and the sunshine You have given us. Thank You, Lord, for this gathering. I thank You, Lord, for the members who are here this morning and who have been elected by the people in their districts to represent them. But, Lord, there is another calling that You have given us through Your word, and that is that You are the one who picks the leaders, and it is up to us to do what we can do to represent You as a body and as an individual. This morning, I know we don’t have a lot on our agenda, but, Lord, I pray that each and every person who is here this morning will look to You for guidance in all that they do in the coming years, Lord, so that we can give You the glory in all that we do, and our country will be a great country again. In Your name, we ask it all. Amen. The Assistant President pro tempore, Senator O’Brien, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Horn entered the Senate chamber. enator Hood moved that Senators Smith, Young and Johnson be excused from today’s session. S The motion prevailed. The following communications were received: Department of State Administrative Rules Notices of Filing December 23, 2014 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rules - Emergency Extension #2014-072-TY-E (Secretary of State Filing #14-12-20) on this date at 11:50 a.m. for the Department of Treasury, entitled “Emergency Rules Millionaire Parties.” These rules take effect upon filing with the Secretary of State and shall remain in effect for 6 months. December 23, 2014 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-070-LR (Secretary of State Filing #14-12-21) on this date at 4:11 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Gas Safety.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. December 23, 2014 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-096-LR (Secretary of State Filing #14-12-22) on this date at 4:11 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Board of Mechanical Rules - License Examination Procedures.” These rules take effect immediately upon filing with the Secretary of State. December 23, 2014 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office No. 6] [January 28, 2015] JOURNAL OF THE SENATE 79 of Regulatory Reinvention filed Administrative Rule #2013-112-LR (Secretary of State Filing #14-12-24) on this date at 4:11 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Podiatric Medicine and Surgery - Continuing Education.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. December 23, 2014 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-003-HS (Secretary of State Filing #14-12-27) on this date at 4:12 p.m. for the Department of Human Services, entitled “Community Action Programs.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. December 23, 2014 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2012-120-LR (Secretary of State Filing #14-12-25) on this date at 4:12 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Health Care Facilities Fire Safety.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. December 23, 2014 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-002-LR (Secretary of State Filing #14-12-23) on this date at 4:12 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Podiatric Medicine and Surgery - General Rules.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. December 23, 2014 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-024-LR (Secretary of State Filing #14-12-26) on this date at 4:12 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Board of Nursing Home Administrators - General Rules.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The Secretary announced that the following bills were printed and filed on Tuesday, January 27, and are available at the Michigan Legislature website: Senate Bill Nos. 34 35 80 JOURNAL OF THE SENATE [January 28, 2015] [No. 6 By unanimous consent the Senate proceeded to the order of Resolutions Senators Proos, Pavlov, Booher, Horn, Nofs, Colbeck, MacGregor, Zorn, Hildenbrand, Green, Schuitmaker, Jones, Schmidt, Kowall, Emmons, Casperson, O’Brien, Brandenburg, Marleau, Meekhof, Robertson and Hansen offered the following concurrent resolution: Senate Concurrent Resolution No. 4. A concurrent resolution to memorialize the President of the United States and the U.S. Congress to support the continued and increased development and importation of oil derived from North American reserves and to urge the U.S. Secretary of State to approve the newly-routed Keystone XL pipeline application from TransCanada. Whereas, The United States relies—and will continue to rely for many years—on gasoline, diesel, and jet fuel, as well as renewable and alternative sources of energy. In order to fuel our economy, the United States will need more oil and natural gas while also requiring additional alternative energy sources; and Whereas, The United States accounts for around 20 percent of world energy consumption and is the world’s largest petroleum consumer. The United States consumes more than 18 million barrels of oil each day, and forecasts suggest this will not change for decades. Current crude oil imports amount to about 8 million barrels each day, approximately 45 percent of U.S. requirements. Even with new technology, oil discoveries, alternative fuels, and conservation efforts, the United States will remain dependent on imported energy for decades to come. A secure supply of crude oil is not only needed for Americans to continue to heat their homes, cook their food, and drive their vehicles, but to allow the U.S. economy to thrive and grow free from the potential threats and disruptions of crude oil supply from less secure parts of the world; and Whereas, The growing production of conflict-free oil from Canada’s oil sands and the Bakken Formation in Saskatchewan, Montana, North Dakota, and South Dakota can replace crude imported from countries that do not share American values. However, additional pipeline capacity to refineries in the U.S. Midwest and Gulf Coast is required; and Whereas, Increasing energy imports from Canada makes sense for the United States. Canada is a trusted neighbor with a stable democratic government, strong environmental standards—equal to that of the United States—and some of the most stringent human rights and worker protection laws in the world; and Whereas, Improvements in production technology have reduced the carbon footprint of Canadian oil sands development by 26 percent on a per-barrel basis since 1990. Oil sands production accounts for 6.9 percent of Canada’s greenhouse gas (GHG) emissions and 0.1 percent, or one-thousandth, of global GHG emissions. Total emissions from Canada’s oil sands sector was 61 megatons in 2012, equivalent to about 0.9 percent of U.S. GHG emissions. Oil sands crude has similar carbon dioxide emissions to other heavy oils and is 9 percent more carbon-intensive than the average crude refined in the United States on a wells-to-wheels basis; and Whereas, The 56 refineries in the Gulf Coast region provide a total refining capacity of approximately 9.2 million barrels per day (bpd), or half of U.S. refining capacity. In 2013, these refineries imported approximately 3.8 million bpd of crude oil from more than 30 countries, with the top three suppliers being Saudi Arabia (25 percent), Mexico (22 percent), and Venezuela (19 percent). Imports from Mexico and Venezuela are declining as production from these countries decreases and supply contracts expire. Once completed, TransCanada’s Keystone XL and Gulf Coast Expansion projects could displace roughly 40 percent of the oil the United States currently imports from the Persian Gulf and Venezuela; and Whereas, The Keystone XL pipeline project has been subject to the most thorough public consultation process of any proposed U.S. pipeline and the subject of multiple environmental impact statements and several U.S. Department of State studies. These analyses have concluded that it poses the least impact to the environment and is much safer than other modes of transporting crude oil; and Whereas, Pipelines are the safest method for the transportation of petroleum products when compared to other methods of transportation. The Keystone XL pipeline will replace the equivalent of 200 ocean tankers per year. This will reduce green­ house gas emissions by as much as 19 million tons, or the equivalent of taking almost 4 million cars off the road; and Whereas, The original Keystone pipeline, which spans across the northern part of Missouri, supplies over 435,000 bpd of North American crude oil to American refineries in the Midwest. The Keystone XL pipeline will, when completed, have the capacity to carry over 800,000 bpd of North American crude oil to American refineries in the Gulf Coast region which will make its way back to Missouri in the form of gasoline, diesel, and jet fuel; and Whereas, The Keystone XL project will create approximately 9,000 construction jobs. The Gulf Coast project is a $2.3 billion project that will create approximately 4,000 construction jobs. Combined, they support yet another 7,000 manu­ facturing jobs. Seventy-five percent of the pipe used to build the Keystone XL application in the United States will come from North American mills, including half made by U.S. workers. Goods for the pipeline, valued at approximately $800 mil­lion, have already been sourced from U.S. manufacturers; now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That we: 1. Support continued and increased development and delivery of oil derived from North American oil reserves to American refineries; 2. Urge the U.S. Congress to support continued and increased development and delivery of oil from Canada to the United States; No. 6] [January 28, 2015] JOURNAL OF THE SENATE 81 3. Urge the President of the United States to support the continued and increased importation of oil derived from the Bakken Formation in Montana, North Dakota, and South Dakota, as well as Canadian oil sands; and 4. Urge the U.S. Secretary of State to approve the newly-routed pipeline application from TransCanada to reduce depen­ dence on unstable governments, create new jobs, improve our national security, and strengthen ties with an important ally; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States, the U.S. Secretary of State, the President of the U.S. Senate, the Speaker of the U.S. House of Representatives, and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the concurrent resolution, Senator Kowall moved that the concurrent resolution be referred to the Committee on Energy and Technology. The motion prevailed. Introduction and Referral of Bills Senator Robertson introduced Senate Bill No. 44, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 613a (MCL 168.613a), as amended by 2011 PA 163. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senator Robertson introduced Senate Bill No. 45, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 641 (MCL 168.641), as amended by 2005 PA 71. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senator Hildenbrand introduced Senate Bill No. 46, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2014 PA 196 and section 17b as amended by 2007 PA 137. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Hildenbrand introduced Senate Bill No. 47, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senators Smith and Hertel introduced Senate Bill No. 48, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 1114 (MCL 436.2114), as amended by 2011 PA 27, and by adding section 1116. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senator Smith introduced Senate Bill No. 49, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by amending the heading of chapter XXA and by adding section 145s. The bill was read a first and second time by title and referred to the Committee on Judiciary. 82 JOURNAL OF THE SENATE [January 28, 2015] [No. 6 Senator Smith introduced Senate Bill No. 50, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2012 PA 195. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Horn, Schuitmaker, Robertson, Jones, Marleau, Knollenberg, Knezek, Zorn, Booher, Hertel, Ananich, Proos and O’Brien introduced Senate Bill No. 51, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 4a. The bill was read a first and second time by title and referred to the Committee on Transportation. Senators Stamas, Schmidt, Hildenbrand, MacGregor, Zorn, Knezek, Marleau, Hertel and Emmons introduced Senate Bill No. 52, entitled A bill to amend 2008 PA 176, entitled “Veterans welcome home act,” by amending section 2 (MCL 35.1232). The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. Senators Jones, Brandenburg, Robertson, Marleau, Horn, Knollenberg, Schmidt, Zorn, Booher, Hansen, Pavlov, Nofs and Proos introduced Senate Bill No. 53, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1 and 5o (MCL 28.421 and 28.425o), section 1 as amended by 2014 PA 203 and section 5o as amended by 2014 PA 206. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Casperson, Pavlov, Nofs, Zorn, Knezek, Marleau, Schmidt, Horn, Green and Booher introduced Senate Bill No. 54, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40104, 40112, and 48703a (MCL 324.40104, 324.40112, and 324.48703a), section 40104 as added by 1995 PA 57, section 40112 as amended by 1996 PA 316, and section 48703a as amended by 2014 PA 281. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. Senators Pavlov, Casperson, Nofs, Zorn, Knezek, Marleau, Schmidt, Horn, Green and Booher introduced Senate Bill No. 55, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40111c (MCL 324.40111c), as added by 2008 PA 301. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. Senators Jones, Bieda and Nofs introduced Senate Bill No. 56, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 304, 555, 821, and 8202 (MCL 600.304, 600.555, 600.821, and 600.8202), sections 304 and 555 as amended by 1996 PA 374, section 821 as amended by 2004 PA 492, and section 8202 as amended by 1996 PA 388. The bill was read a first and second time by title and referred to the Committee on Judiciary. No. 6] [January 28, 2015] JOURNAL OF THE SENATE 83 Statements Senator Warren asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Warren’s statement is as follows: This year the Governor and our majority leadership have said that education is at the top of their agenda, and I could not agree more. There is no path to our state’s economic revitalization that does not require a strong and robust education program from preschool through college. That said, I’m not sure that we would identify the same steps along the path to reach that goal, because, unfortunately, what improving education has meant over the last several years is a systematic defunding of the public schools in favor of unfettered new charter and cyber schools. What many people don’t know is that here in Michigan, close to 80 percent of those charter schools are operated by private, for-profit education management organizations. This is by far the largest number of any state in the entire nation, and it means that the vast majority of our charter schools are by definition in the business of making money off of our kids’ education without the same accountability and transparency requirements that we seem to be endlessly piling on to our traditional public schools. What’s more, these schools have proven to be no more successful than traditional public schools that we are failing to support at adequate levels. In fact, studies have shown that charter schools perform similarly to demographically-matched traditional public schools on standardized tests. That phrase “demographically-matched” is important, because only one‑quarter of charter schools have student populations similar to local school districts in terms of ethnic composition and the proportion of low-income students. To add insult to injury, many of these large education management organizations are located in other states, so we are not even supporting Michigan businesses or residents with these profits. That is why today I am reintroducing my joint resolution to amend Michigan’s Constitution to prohibit the operation of a public school on a for-profit basis. I think that we can all agree that we have a lot of work to do here to ensure that our students get the education they need to be successful, and we need to think outside the box together—all of us. But our kids cannot be part of an untested business venture or a grand corporate experiment. Our students are not widgets, and I am not sure how we can legitimately expect that we will move any closer to meeting our critical education outcomes by continuing to allow someone else’s bottom line to drive the process. As we begin yet another session, I hope you will join me in partnering with our educators, our school board members, and our parents to put the emphasis back on teaching and learning, and back it up with sufficient resources that recognize that some kids are simply going to need more, because, unfortunately, they come to school with so much less. Let’s take the dollars away from out-of-state CEOs, and put them back into the classroom. I hope my colleagues will join me. Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesdays, February 17, March 10, March 17, and March 24, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) General Government and Economic Development - Thursday, January 29, 1:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5312) (CANCELED) Human Services - Thursday, January 29, 2:00 p.m., Room 100, Farnum Building (373-2768) State Police and Military Affairs - Thursdays, January 29 (CANCELED), February 19 (CANCELED), February 26 (CANCELED), March 5 (CANCELED), March 12 (CANCELED), and March 26 (CANCELED), 1:00 p.m.; Tuesdays, February 3, February 17, February 24, March 3, March 10, and March 24, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Economic Development and General Government Appropriations Subcommittee - Thursday, January 29, 1:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5312) (CANCELED) Transportation - Thursday, January 29, 8:30 a.m., Room 210, Farnum Building (373-5323) Veterans, Military Affairs and Homeland Security - Thursday, January 29, 2:00 p.m., Room 110, Farnum Building (373-5314) 84 JOURNAL OF THE SENATE [January 28, 2015] [No. 6 enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:15 a.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Thursday, January 29, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 7 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, January 29, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—excused Stamas—present Warren—present Young—present Zorn—present 86 JOURNAL OF THE SENATE [January 29, 2015] [No. 7 enator Vincent Gregory of the 11th District offered the following invocation: S Dear Heavenly Father, we come before You this morning seeking Your guidance and advice as we work together to serve the people of the state of Michigan. Let us remember Your words: “To everything there is a season, and a time for every purpose under heaven.” As we begin our new season, we ask for Your patience, Lord, as we move forward. Please bless us with the intelligence needed to succeed. During times of animosity, give us Your wisdom and encouragement. When we face disappointment, extend a shoulder to lean on. Let us remember what our duty is and whom we are fighting for. Provide Your support during the good times and the bad. When we lose sight of our goals, replenish us with hope. Lord, please give us Your hand while we set out to improve the lives of the people from this great state. Lastly, we ask that You bless our new members along with returning ones. Please provide the members of this body with Your great inspiration as we work together to create a better society for generations to come. In Your name, we pray. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senators Nofs and Pavlov be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Smith be excused from today’s session. S The motion prevailed. Senators Pavlov and Nofs entered the Senate Chamber. Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today: Senate Bill No. 34 Senate Bill No. 35 The motion prevailed, a majority of the members serving voting therefor. The following communication was received and read: Office of the Auditor General January 27, 2015 nclosed is a copy of the following audit report: E Performance audit of the Child Abuse and Neglect Prevention Board (Children’s Trust Fund), Department of Human Services. Sincerely, Doug Ringler Auditor General The audit report was referred to the Committee on Government Operations. The Secretary announced that the following bills and joint resolutions were printed and filed on Wednesday, January 28, and are available at the Michigan Legislature website: Senate Bill Nos. 31 32 33 36 37 38 39 40 41 42 43 House Bill Nos. 4059 4060 4061 4062 4063 4064 4065 4066 4067 4068 4069 4070 4071 4072 4073 4074 4075 4076 4077 4078 4079 House Joint Resolutions E F General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Hopgood as Chairperson. No. 7] [January 29, 2015] JOURNAL OF THE SENATE 87 After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill: Senate Bill No. 35, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2012 PA 124. The bill was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 12, entitled A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2013 PA 112. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 34, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 2a, 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5j, 5k, 5l, 5o, and 8 (MCL 28.421, 28.422a, 28.424, 28.425, 28.425a, 28.425b, 28.425c, 28.425d, 28.425e, 28.425f, 28.425j, 28.425k, 28.425l, 28.425o, and 28.428), section 1 as amended by 2014 PA 203, section 2a as amended by 2013 PA 3, section 4 as amended by 2014 PA 6, sections 5 and 5a as added by 2000 PA 381, section 5b as amended by 2014 PA 207, sections 5c and 5d as amended by 2002 PA 719, section 5e as amended by 2014 PA 204, sections 5f and 5k as amended by 2012 PA 123, section 5j as amended by 2004 PA 254, section 5l as amended by 2012 PA 32, section 5o as amended by 2014 PA 206, and section 8 as amended by 2008 PA 406, and by adding section 5x; and to repeal acts and parts of acts. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. Resolutions Senator Young entered the Senate Chamber. enators Schuitmaker, Warren, O’Brien and Emmons offered the following resolution: S Senate Resolution No. 8. A resolution proclaiming February 2015 as American Heart Month and February 6, 2015, as Go Red for Women Day in the state of Michigan. Whereas, Heart disease is the No. 1 killer of women, yet 80 percent of cardiac events can be prevented; and Whereas, Cardiovascular diseases cause 1 in 3 women’s deaths each year, killing approximately one woman every minute; and Whereas, An estimated 44 million women in the United States are affected by cardiovascular diseases; and Whereas, 90 percent of women have one or more risk factors for developing heart disease, yet only 1 in 5 American women believe that heart disease is her greatest health threat; and Whereas, Since 1984, more women than men have died each year from heart disease; and Whereas, Women comprise only 24 percent of participants in all heart-related studies; and Whereas, Women are less likely to call 911 for themselves when experiencing symptoms of a heart attack than they are if someone else were having a heart attack; and 88 JOURNAL OF THE SENATE [January 29, 2015] [No. 7 Whereas, Only 43 percent of African-American women and 44 percent of Hispanic women know that heart disease is their greatest health risk, compared with 60 percent of Caucasian women; and Whereas, Women involved with the American Heart Association’s Go Red For Women® movement live healthier lives. Nearly 90 percent have made at least one healthy behavior change; and Whereas, Go Red For Women is asking all Americans to Go Red by wearing red and speaking red. •  Get Your Numbers: Ask your doctor to check your blood pressure and cholesterol. •  Own Your Lifestyle: Stop smoking, lose weight, exercise and eat healthy. •  Raise Your Voice: Advocate for more women-related research and education. •  Educate Your Family: Make healthy food choices for you and your family. Teach your kids the importance of staying active. •  Don’t Be Silent: Tell every woman you know that heart disease is their No. 1 killer. Raise your voice at GoRedForWomen.org; now, therefore, be it Resolved by the Senate, That we hereby proclaim February 2015 as American Heart Month and February 6, 2015, as Go Red for Women Day in the state of Michigan; and be it further Resolved, That we urge all citizens to show their support for women and the fight against heart disease by commemo­ rating this day by wearing the color red. By increasing awareness, speaking up about heart disease, and empowering women to reduce their risk for cardiovascular disease, we can save thousands of lives each year. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senator Kowall moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Gov­ ernor as co‑sponsors of the resolution. The motion prevailed, a majority of the members serving voting therefor. Senators Schuitmaker, Emmons, O’Brien and Warren asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Schuitmaker’s first statement is as follows: Today I am honored to be here with my esteemed colleagues to ask for your support of Senate Resolution No. 8, which proclaims February 2015 as American Heart Month and February 6 as Go Red For Women Day in the state of Michigan. enator Emmons’ statement is as follows: S Heart disease is the No. 1 killer of women, yet 80 percent of cardiac events can be prevented. Cardiac events can be pre­ vented. Cardiovascular disease causes 1 in 3 women’s deaths each year, killing approximately one woman every minute. An estimated 44 million women in the United States are affected by cardiovascular disease. Ninety percent of women have one or more risk factors for developing heart disease, yet only 1 in 5 American women believe that heart disease is her greatest threat. enator O’Brien’s statement is as follows: S Since 1984, more women than men have died each year from heart disease, but women comprise only 24 percent of participants in heart-related studies. Women are also less likely to call 9-1-1 for themselves when experiencing symptoms of a heart attack than they are if someone else were having a heart attack. Only 43 percent of African-American women and 44 percent of Hispanic women know that heart disease is their greatest heart risk, compared with 60 percent of Caucasian women. enator Warren’s statement is as follows: S Women involved with the American Heart Association’s Go Red For Women movement live healthier lives. Nearly 90 per­ cent have made at least one healthy behavior change. Go Red For Women is asking all Americans to Go Red by wearing red and speaking red: G - Get your numbers; ask your doctor to check your blood pressure and cholesterol. O - Own your lifestyle; stop smoking, lose weight, exercise, and eat healthy. R - Raise your voice; advocate for more women-related research and education. E - Educate your family; make healthy food choices for you and your family, and teach your children the importance of staying active. D - Don’t be silent; tell every woman you know that heart disease is their No. 1 killer, and raise your voice at GoRedForWomen.org. No. 7] [January 29, 2015] JOURNAL OF THE SENATE 89 Senator Schuitmaker’s second statement is as follows: We urge all citizens to show their support for women and the fight against heart disease by commemorating this day by wearing the color red. By increasing awareness, speaking up about heart disease, and empowering women to reduce their risk for cardiovascular disease, we can save thousands of lives each year. We ask for your support of this resolution, and we ask you to join us in the rotunda at 11:00 a.m. to hear from a survivor of heart disease and to meet with advocates from around the state. Introduction and Referral of Bills enators Warren, Hertel and Hood introduced S Senate Joint Resolution E, entitled A joint resolution proposing an amendment to the state constitution of 1963, by amending section 2 of article VIII, to prohibit public schools from being operated on a for-profit basis or by a for-profit entity. The joint resolution was read a first and second time by title and referred to the Committee on Government Operations. enators Warren, Hertel, Young, Hood and Ananich introduced S Senate Joint Resolution F, entitled A joint resolution proposing an amendment to the state constitution of 1963, by amending section 7 of article IX, to provide for a graduated state income tax. The joint resolution was read a first and second time by title and referred to the Committee on Government Operations. Senators Hertel, Knezek, Bieda, Young, Hood, Ananich, Gregory, Johnson and Warren introduced Senate Bill No. 57, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding sections 275 and 675. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Bieda, Hertel, Knezek, Gregory, Proos, Warren, Ananich, Hood and Hopgood introduced Senate Bill No. 58, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 496a. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senators Bieda, Hertel, Knezek, Gregory, Warren, Ananich, Hood and Hopgood introduced Senate Bill No. 59, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 758, 759, and 759b (MCL 168.758, 168.759, and 168.759b), section 758 as amended by 1996 PA 207 and section 759 as amended by 2012 PA 523. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senators Ananich, Bieda, Hopgood, Young, Knezek, Smith, Hood, Hertel, Johnson and Gregory introduced Senate Bill No. 60, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 720 and 735 (MCL 168.720 and 168.735), section 735 as amended by 2004 PA 92, and by adding section 720a. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senators Bieda, Hertel, Knezek, Gregory, Warren, Ananich, Hood and Hopgood introduced Senate Bill No. 61, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 509v, 509w, and 509x (MCL 168.509v, 168.509w, and 168.509x), as added by 1994 PA 441. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senators Hertel, Bieda, O’Brien, Ananich and Schmidt introduced Senate Bill No. 62, entitled A bill to amend 1937 PA 103, entitled “An act to prescribe certain conditions relative to the execution of instruments entitled to be recorded in the office of the register of deeds,” by amending section 3 (MCL 565.203). The bill was read a first and second time by title and referred to the Committee on Local Government. 90 JOURNAL OF THE SENATE [January 29, 2015] [No. 7 Senators Hertel, Warren and Ananich introduced Senate Bill No. 63, entitled A bill to repeal 2013 PA 182, entitled “Abortion Insurance Opt-Out Act,” (MCL 550.541 to 550.551). The bill was read a first and second time by title and referred to the Committee on Insurance. Senator Hansen introduced Senate Bill No. 64, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20155, 21703, and 21734 (MCL 333.20155, 333.21703, and 333.21734), section 20155 as amended by 2012 PA 322 and section 21734 as added by 2000 PA 437. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senator Hansen introduced Senate Bill No. 65, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20109, 21703, and 21715 (MCL 333.20109, 333.21703, and 333.21715), section 20109 as amended by 1996 PA 224. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senator Hansen introduced Senate Bill No. 66, entitled A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending section 102 (MCL 450.4102), as amended by 2012 PA 568. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senator Hansen introduced Senate Bill No. 67, entitled A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 109 (MCL 450.1109), as amended by 2012 PA 569. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senators Shirkey and Warren introduced Senate Bill No. 68, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2701, 5119, 16125, 16161, 16163, 16216, 16231, 16231a, 16315, 16327, 17201, 17210, 17211, 17212, 17221, 17607, 17708, 17745, 17820, 17822, 18301, and 20201 (MCL 333.2701, 333.5119, 333.16125, 333.16161, 333.16163, 333.16216, 333.16231, 333.16231a, 333.16315, 333.16327, 333.17201, 333.17210, 333.17211, 333.17212, 333.17221, 333.17607, 333.17708, 333.17745, 333.17820, 333.17822, 333.18301, and 333.20201), section 2701 as amended by 2014 PA 172, section 5119 as amended by 2000 PA 209, sections 16125 and 16161 as amended by 1989 PA 202, section 16163 as amended by 2002 PA 643, section 16216 as amended by 2014 PA 98, section 16231 as amended by 2014 PA 95, sections 16231a and 16315 as amended by 2013 PA 268, section 16327 as amended by 2009 PA 216, sections 17211 and 17221 as amended by 2006 PA 409, section 17212 as added by 1996 PA 355, section 17607 as added by 2008 PA 524, section 17708 as amended by 2012 PA 209, section 17745 as amended by 2014 PA 311, section 17820 as amended by 2014 PA 260, section 17822 as amended by 2005 PA 281, section 18301 as amended by 2008 PA 523, and section 20201 as amended by 2011 PA 210, and by adding sections 17202, 17210a, 17211a, 17214, and 17221a. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators Booher, Marleau, Nofs, Knollenberg, MacGregor, Knezek, Zorn, Pavlov, Emmons, Proos, Casperson, Colbeck, Hildenbrand, Kowall, Schuitmaker, Brandenburg, Robertson, Hune and Schmidt introduced Senate Bill No. 69, entitled A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending sections 161, 162, and 163 (MCL 389.161, 389.162, and 389.163), as added by 2008 PA 359. The bill was read a first and second time by title and referred to the Committee on Education. No. 7] [January 29, 2015] JOURNAL OF THE SENATE 91 Senators MacGregor, Nofs, Knollenberg, Knezek, Zorn, Marleau, Pavlov, Booher, Emmons, Proos, Casperson, Colbeck, Hildenbrand, Kowall, Schuitmaker, Brandenburg, Robertson, Hune and Schmidt introduced Senate Bill No. 70, entitled A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending section 164 (MCL 389.164), as added by 2008 PA 359. The bill was read a first and second time by title and referred to the Committee on Education. Senators Pavlov, Booher, Knezek, Knollenberg, Zorn, MacGregor, Nofs, Marleau, Emmons, Proos, Casperson, Colbeck, Hildenbrand, Kowall, Schuitmaker, Brandenburg, Robertson, Hune and Schmidt introduced Senate Bill No. 71, entitled A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending section 166 (MCL 389.166), as added by 2008 PA 359. The bill was read a first and second time by title and referred to the Committee on Education. Senators Jones, Zorn, Marleau, Schuitmaker, MacGregor, Knollenberg and Schmidt introduced Senate Bill No. 72, entitled A bill to amend 2008 IL 1, entitled “Michigan medical marihuana act,” by amending section 7 (MCL 333.26427). The bill was read a first and second time by title and referred to the Committee on Judiciary. Statements Senator Hertel asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Hertel’s statement is as follows: I rise today to remember my friend Representative and Reverend Dr. Michael C. Murphy. Reverend Murphy passed away on Sunday, December 28, 2014. He was a friend and a mentor of mine and spent many years giving service to the people of Ingham County. Michael was elected to the State House in 2000. His proudest moment as a legislator was the passage of The Jasmine Miles Schoolchildren Safety Act, which was named after Jasmine Miles, a student who died walking home from school in 2003. This legislation was targeted at local school jurisdictions to add sidewalks, school crossings, and other safety measures for schoolchildren. In addition, he served as chairman of the Michigan Legislative Black Caucus. Clearly, the people of Michigan were well-served by his diligent and respected service here as a legislator. Michael C. Murphy continued to serve afterward also. He was the senior pastor at People’s Congregational United Church of Christ in Washington, D.C., having served five years prior to his passing. His dedication to the well-being of congre­ gations and their church growth inspired Reverend Murphy to start new churches not only in Lansing, but also in Washington, D.C. In 1987, Reverend Murphy founded St. Stephen’s Community Church here in Lansing. During this time, he also served on the Lansing City Council until his election to the Michigan House of Representatives. He will be dearly missed by those who loved him and those who cared about public service here in my district. A moment of silence was observed in memory of former State Representative Reverend Dr. Michael C. Murphy. Committee Reports The Committee on Judiciary reported Senate Bill No. 28, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 50 and 50b (MCL 750.50 and 750.50b), section 50 as amended by 2007 PA 152 and section 50b as amended by 2008 PA 339. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. 92 JOURNAL OF THE SENATE [January 29, 2015] [No. 7 The Committee on Judiciary reported Senate Bill No. 29, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 16b, 34, 40, 46, and 49 of chapter XVII (MCL 777.16b, 777.34, 777.40, 777.46, and 777.49), section 16b as amended by 2008 PA 562, section 34 as added by 1998 PA 317, section 40 as amended by 2014 PA 350, section 46 as amended by 1999 PA 227, and section 49 as amended by 2002 PA 137. With the recommendation that the bill pass. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 34, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 2a, 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5j, 5k, 5l, 5o, and 8 (MCL 28.421, 28.422a, 28.424, 28.425, 28.425a, 28.425b, 28.425c, 28.425d, 28.425e, 28.425f, 28.425j, 28.425k, 28.425l, 28.425o, and 28.428), section 1 as amended by 2014 PA 203, section 2a as amended by 2013 PA 3, section 4 as amended by 2014 PA 6, sections 5 and 5a as added by 2000 PA 381, section 5b as amended by 2014 PA 207, sections 5c and 5d as amended by 2002 PA 719, section 5e as amended by 2014 PA 204, sections 5f and 5k as amended by 2012 PA 123, section 5j as amended by 2004 PA 254, section 5l as amended by 2012 PA 32, section 5o as amended by 2014 PA 206, and section 8 as amended by 2008 PA 406, and by adding section 5x; and to repeal acts and parts of acts. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 35, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2012 PA 124. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, January 27, 2015, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda No. 7] [January 29, 2015] JOURNAL OF THE SENATE 93 The Committee on Natural Resources reported Senate Resolution No. 7. A resolution to support scientifically-based state management of gray wolves and to call for legislative action by the U.S. Congress and an appeal by the U.S. Fish and Wildlife Service and the Michigan Department of Natural Resources in an effort to remove the Western Great Lakes gray wolf population from the endangered and threatened species list. (For text of resolution, see Senate Journal No. 5, p. 71.) With the recommendation that the resolution be adopted. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Pavlov, Robertson and Stamas Nays: Senator Warren The resolution was placed on the order of Resolutions. COMMITTEE ATTENDANCE REPORT he Committee on Natural Resources submitted the following: T Meeting held on Wednesday, January 28, 2015, at 12:30 p.m., Room 210, Farnum Building Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren COMMITTEE ATTENDANCE REPORT he Committee on Regulatory Reform submitted the following: T Meeting held on Wednesday, January 28, 2015, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Rocca (C), Jones, Knollenberg, Kowall, Marleau, Hune, Warren and Hertel Excused: Senator Johnson COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, January 28, 2015, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Excused: Senator Schuitmaker COMMITTEE ATTENDANCE REPORT he Joint Subcommittee on Capital Outlay submitted the following: T Meeting held on Wednesday, January 28, 2015, 4:00 p.m., House Appropriations Room, 3rd Floor, Capitol Building Present: Senators Booher (C), Nofs, Hansen, MacGregor and Hertel Excused: Senators Schuitmaker and Gregory COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, January 29, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesdays, February 17, March 10, March 17, and March 24, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) 94 JOURNAL OF THE SENATE [January 29, 2015] [No. 7 State Police and Military Affairs - Thursdays, February 19 (CANCELED), February 26 (CANCELED), March 5 (CANCELED), March 12 (CANCELED), and March 26 (CANCELED), 1:00 p.m.; Tuesdays, February 3, February 17, February 24, March 3, March 10, and March 24, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Judiciary - Tuesday, February 3, 3:00 p.m., Room 110, Farnum Building (373-1721) Outdoor Recreation and Tourism - Wednesday, February 4, 12:30 p.m., Room 100, Farnum Building (373-1721) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:26 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, February 3, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 8 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, February 3, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 96 JOURNAL OF THE SENATE [February 3, 2015] [No. 8 enator Goeffrey M. Hansen of the 34th District offered the following invocation: S Almighty God, through whom we live and move and have our being, hear us pray. You have made the earth and all of its people with grateful hearts, and we thank You for this beautiful state. We stand before You as representatives of the people of Michigan, asking for You to put Your mighty hand upon us as we try to bring our state back to the glory it once knew. We ask You to give us wisdom and courage to make decisions that are right for each of our districts. Lord, let us put all of the partisanship in our past, and put the people of Michigan first as we move Michigan forward. We pray that we might always serve You by serving our fellow citizens, and we give You thanks for putting us in this place of humble servitude. In the name of the Father and of the Son and of the Holy Spirit, Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Smith entered the Senate Chamber. The following communication was received and read: Office of the Auditor General January 29, 2015 nclosed is a copy of the following audit report: E Performance audit of the Forensic Science Division, Michigan Department of State Police. Sincerely, Doug Ringler Auditor General The audit report was referred to the Committee on Government Operations. The following communication was received: Department of State Police January 30, 2015 n behalf of the Board of Directors and staff of the Michigan Automobile Theft Prevention Authority (ATPA), it is a O pleasure to present our 2014 Annual Report, which shows auto thefts declined by 2.4 percent in 2013. Furthermore, since the inception of the ATPA in 1986, Michigan’s auto thefts have fallen from 72,021 to 24,369 per year, a decline of 66.2 percent. ATPA’s success in the battle against auto theft is the direct result of the dedication and efforts of the 106 men and women who are part of our law enforcement teams, prosecutors’ teams, and community programs funded through the ATPA. These highly-motivated individuals often go above and beyond the call of duty to recover a stolen vehicle or arrest those responsible. As you read the case stories contained in this report, you will find many instances where our grantees worked collaboratively to solve these crimes. The highlights of the report are as follows: •  Michigan motorists are saving $57 per insured vehicle as a result of lower thefts. •  In FY 2014, ATPA teams made 1,976 arrests, and were involved in the recovery of 4,198 vehicles or parts with an estimated value of $36 million. •  Since its inception in 1986, the program has resulted in a total of 64,473 arrests and recovered 91,712 vehicles or parts worth an estimated $784 million. •  In FY 2014, the return on investment of ATPA funds was $6.46 for every $1 spent. I also want to thank the 40 agencies receiving ATPA grant funding. These agencies continue to make auto theft prevention a high priority. Without the steadfast commitment of local, county, and state participants in this program, we would not be successful in reducing auto thefts in Michigan. Sincerely, Kriste Etue Director The communication was referred to the Secretary for record. No. 8] [February 3, 2015] JOURNAL OF THE SENATE 97 The Secretary announced that the following bills were printed and filed on Thursday, January 29, and are available at the Michigan Legislature website: Senate Bill Nos. 44 45 46 47 48 49 50 51 52 53 54 55 56 House Bill Nos. 4080 4081 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4107 4108 4109 4110 4111 4112 4113 4114 4115 The Secretary announced that the following bills and joint resolutions were printed and filed on Friday, January 30, and are available at the Michigan Legislature website: Senate Bill Nos. 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 Senate Joint Resolutions E F House Bill Nos. 4116 4117 4118 4119 4120 4121 4122 4123 4124 enator Kowall moved that Senators Casperson and Emmons be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Bieda, Hopgood and Johnson be temporarily excused from today’s session. S The motion prevailed. Senator Emmons entered the Senate Chamber. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:04 a.m. 10:37 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senators Bieda, Johnson and Casperson entered the Senate Chamber. Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 34 Senate Bill No. 35 The motion prevailed. The following bill was read a third time: Senate Bill No. 34, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 2a, 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5j, 5k, 5l, 5o, and 8 (MCL 28.421, 28.422a, 28.424, 28.425, 28.425a, 28.425b, 28.425c, 28.425d, 28.425e, 28.425f, 28.425j, 28.425k, 28.425l, 28.425o, and 28.428), section 1 as amended by 2014 PA 203, section 2a as amended by 2013 PA 3, section 4 as amended by 2014 PA 6, sections 5 and 5a as added by 2000 PA 381, section 5b as amended by 2014 PA 207, 98 JOURNAL OF THE SENATE [February 3, 2015] [No. 8 sections 5c and 5d as amended by 2002 PA 719, section 5e as amended by 2014 PA 204, sections 5f and 5k as amended by 2012 PA 123, section 5j as amended by 2004 PA 254, section 5l as amended by 2012 PA 32, section 5o as amended by 2014 PA 206, and section 8 as amended by 2008 PA 406, and by adding section 5x; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 5 Yeas—28 Booher Hildenbrand MacGregor Robertson Brandenburg Horn Marleau Rocca Casperson Hune Meekhof Schmidt Colbeck Jones Nofs Schuitmaker Emmons Knezek O’Brien Shirkey Green Knollenberg Pavlov Stamas Hansen Kowall Proos Zorn Nays—9 Ananich Hertel Johnson Warren Bieda Hood Smith Young Gregory Excused—1 Hopgood Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 35, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2012 PA 124. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 6 Yeas—28 Booher Hildenbrand MacGregor Robertson Brandenburg Horn Marleau Rocca Casperson Hune Meekhof Schmidt Colbeck Jones Nofs Schuitmaker Emmons Knezek O’Brien Shirkey Green Knollenberg Pavlov Stamas Hansen Kowall Proos Zorn No. 8] [February 3, 2015] JOURNAL OF THE SENATE 99 Nays—9 Ananich Hertel Johnson Warren Bieda Hood Smith Young Gregory Excused—1 Hopgood Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 12, entitled A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2013 PA 112. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 7 Yeas—37 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hansen Nays—0 Excused—1 Hopgood Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. 100 JOURNAL OF THE SENATE [February 3, 2015] [No. 8 By unanimous consent the Senate proceeded to the order of Resolutions Senator Hopgood entered the Senate Chamber. enator Casperson offered the following resolution: S Senate Resolution No. 9. A resolution to support the Marquette County Road Commission’s appeal of the U.S. Environmental Protection Agency’s objection to the planned construction of County Road 595. Whereas, The Marquette County Road Commission has the authority to lay out new roads within the county and has been planning to construct County Road 595 since 2011. Both the Michigan Senate and the Michigan House of Representatives formally expressed their support for these efforts. The Michigan Department of Environmental Quality was unable to issue a wetlands permit for the project due to the objection of the U.S. Environmental Protection Agency (EPA). A good faith argument exists that the EPA’s action was arbitrary, capricious, and not based on the law or the facts presented to the agency. The Board of County Road Commissioners plans to appeal the decision in the United States District Court for the Western District of Michigan. The Board has affirmed by resolution that it will only proceed with the appeal if no public funds are expended on the appeal; and Whereas, The Marquette County Board of Road Commissioners has the mission and duty to provide safe and efficient roads and bridges for motorists in Marquette County and ensure that new projects meet the needs of the community. County Road 595 would be constructed in an environmentally-responsible manner to create a primary all-season road that improves emergency, commercial, industrial, and recreational access to an isolated but key area in northwest Marquette County, connecting it to US 41; and Whereas, The proposed routing of County Road 595 would reduce truck traffic through Marquette County population centers. Mixing heavy commercial truck traffic with personal vehicle traffic in high congestion areas and on local, state, and county roadways is detrimental to the safety of county residents; and Whereas, Moving forward with the construction of County Road 595 will improve public safety, protect our environment, boost regional economic development, and create jobs, enhancing the natural resources-based industry as well as tourism and recreation. The project has broad and overwhelming bipartisan support from legislators representing Marquette County, the general public, business and labor organizations, conservationists, and traffic safety advocates; now, therefore, be it Resolved by the Senate, That we support the Marquette County Road Commission’s appeal of the U.S. Environmental Protection Agency’s objection to the planned construction of County Road 595; and be it further Resolved, That copies of this resolution be transmitted to the United States District Court of the Western District of Michigan, the Governor of the state of Michigan, the Administrator of the U.S. Environmental Protection Agency, the mem­ bers of the Michigan congressional delegation, the Marquette County Board of Commissioners, and the Marquette County Board of Road Commissioners. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Transportation. The motion prevailed. Senator Colbeck was named co‑sponsor of the resolution. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senators Schmidt, Knezek, MacGregor, Knollenberg, Zorn and Jones introduced Senate Bill No. 73, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 296. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Schmidt, Knezek, MacGregor, Knollenberg, Zorn, Jones and Schuitmaker introduced Senate Bill No. 74, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16o of chapter XVII (MCL 777.16o), as amended by 2012 PA 169. The bill was read a first and second time by title and referred to the Committee on Judiciary. No. 8] [February 3, 2015] JOURNAL OF THE SENATE 101 Senators Schmidt, MacGregor, Knollenberg, Zorn and Schuitmaker introduced Senate Bill No. 75, entitled A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely lottery act,” by amending section 18 (MCL 432.18), as amended by 2012 PA 293. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Gregory, Hood, Hertel, Zorn, Bieda, Ananich, Marleau, Johnson, Knezek, Jones, Emmons, Schuitmaker and Proos introduced Senate Bill No. 76, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811z. The bill was read a first and second time by title and referred to the Committee on Transportation. Committee Reports COMMITTEE ATTENDANCE REPORT he Subcommittee on Human Services submitted the following: T Meeting held on Thursday, January 29, 2015, at 2:00 p.m., Room 100, Farnum Building Present: Senators MacGregor (C) and Proos Excused: Senator Gregory COMMITTEE ATTENDANCE REPORT he Committee on Veterans, Military Affairs and Homeland Security submitted the following: T Meeting held on Thursday, January 29, 2015, at 2:00 p.m., Room 110, Farnum Building Present: Senators O’Brien (C), Emmons, Zorn, Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Subcommittee on State Police and Military Affairs submitted the following: T Meeting held on Tuesday, February 3, 2015, at 8:35 a.m., Rooms 402 and 403, Capitol Building Present: Senators Nofs (C), Colbeck and Knezek Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesdays, February 17, March 10, March 17, and March 24, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Corrections - Thursdays, February 19, March 5, and March 26, 9:00 a.m., Room 405, Capitol Building; February 26, March 12, and March 19, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768) Judiciary - Wednesdays, February 18, February 25, March 4, March 11, March 18, and March 25, 1:00 p.m., Senate Appro­priations Room, 3rd Floor, Capitol Building (373-2768) State Police and Military Affairs - Thursdays, February 19 (CANCELED), February 26 (CANCELED), March 5 (CANCELED), March 12 (CANCELED), and March 26 (CANCELED), 1:00 p.m.; Tuesdays, February 17, February 24, March 3, March 10, and March 24, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Economic Development - Thursday, February 5, 1:30 p.m., Room 210, Farnum Building (373-5312) Outdoor Recreation and Tourism - Wednesday, February 4, 12:30 p.m., Room 100, Farnum Building (373-1721) Transportation - Thursday, February 5, 8:30 a.m., Room 210, Farnum Building (373-5323) 102 JOURNAL OF THE SENATE [February 3, 2015] [No. 8 enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:44 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, February 4, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 9 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, February 4, 2015. 10:00 a.m. The Senate was called to order by the Assistant President pro tempore, Senator Margaret E. O’Brien. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—excused Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—excused Stamas—present Warren—present Young—present Zorn—present 104 JOURNAL OF THE SENATE [February 4, 2015] [No. 9 ishop Samuel Duncan, Jr., of Lansing Church of God in Christ of Lansing offered the following invocation: B Heavenly Father, we thank You for this day You have so graciously bestowed upon us. We thank You for sustaining us and granting us everything that pertains to life and godliness. As this session is about to open, we pray for peace, wisdom, and unity. As this conglomerate of men and women from all over the state gather, who have been elected to represent their constituents, I pray that each one of them will do the best of their ability. We pray for compromise when necessary and reason when confronted with dilemma. As guardians of the state, I ask that You would lead them in their deliberations concerning matters that affect the state of Michigan and its citizens. Therefore, we pray for safety, sufficient resources, innovation, and ingenuity for problem-solving. We pray for a strong economy, a strong workforce for job creation, educational opportunities, and for strong families and a vibrant state. Amen. The Assistant President pro tempore, Senator O’Brien, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Knollenberg entered the Senate Chamber. enator Hood moved that Senators Gregory and Smith be excused from today’s session. S The motion prevailed. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:05 a.m. 10:29 a.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. The following communication was received: Michigan Gaming Control Board February 3, 2015 I n accordance with P.A. 252 of 2014, Section 231(2), the Michigan Gaming Control Board is required to report infor­ mation related to the number of filled, full time equated positions in pay status for the immediately preceding fiscal year by February 1, 2015 to the Michigan Senate. The attached report provides the required information for the period October 1, 2013 through September 30, 2014. Please contact me should you have any questions. Sincerely, Robert Simon, Deputy Director Administration and Indian Gaming The communication was referred to the Secretary for record. Messages from the Governor The following messages from the Governor were received and read: January 30, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Compensation Appellate Commission Phillip A. Hendges of 2415 Devonshire Drive, Lansing, Michigan 48910, county of Ingham, succeeding Lester Owczarski, is appointed for a term commencing February 2, 2015, and expiring July 31, 2017. No. 9] [February 4, 2015] JOURNAL OF THE SENATE 105 January 30, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Film Commissioner Jenell A. Leonard of 3031 Crofton Drive, DeWitt, Michigan 48820, county of Clinton, succeeding Margaret O’Riley, is appointed for a term commencing February 9, 2015, and expiring December 31, 2016. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. The following message from the Governor was received and read: January 30, 2015 I n accordance with Section 14 of Article V of the Michigan Constitution of 1963, I write to advise the Michigan Senate that the following pardons were granted during 2014: Lonnie Edward Adkins - The pardon was granted December 22, 2014, and was based on the affirmative recommendation of the Michigan Parole Board. Rudolph Bottone - The pardon was granted December 22, 2014, and was based on the affirmative recommendation of the Michigan Parole Board. Francisco J. Cataldo - The pardon was granted December 22, 2014, and was based on the affirmative recommendation of the Michigan Parole Board. Clifford L. Church - The pardon was granted December 22, 2014, and was based on the affirmative recommendation of the Michigan Parole Board. Randall McIntyre Gibson - The pardon was granted December 22, 2014, and was based on the affirmative recommendation of the Michigan Parole Board. Herbert Alan Gocha, Jr. - The pardon was granted December 22, 2014, and was based on the affirmative recommendation of the Michigan Parole Board. Joseph Adron Hastings - The pardon was granted December 22, 2014, and was based on the affirmative recommendation of the Michigan Parole Board. John Paul Kupel - The pardon was granted December 22, 2014, and was based on the affirmative recommendation of the Michigan Parole Board. John W. Miracle - The pardon was granted December 22, 2014, and was based on the affirmative recommendation of the Michigan Parole Board. John William Vincent - The pardon was granted December 22, 2014, and was based on the affirmative recommendation of the Michigan Parole Board. John Joseph Zubkoff - The pardon was granted December 22, 2014, and was based on the affirmative recommendation of the Michigan Parole Board. Sincerely, Richard D. Snyder Governor By unanimous consent the Senate proceeded to the order of Resolutions he question was placed on the adoption of the following resolution consent calendar: T Senate Resolution No. 10 The resolution consent calendar was adopted. enator Johnson offered the following resolution: S Senate Resolution No. 10. A resolution recognizing February 4, 2015, as Cancer Prevention Day. Whereas, Cancer is the leading cause of death around the world and has touched the lives of nearly everyone, either directly or indirectly; and Whereas, This disease is the cause of nearly 1 out of every 4 deaths in the United States, and in Michigan, statistics show nearly 469 out of 100,000 citizens are diagnosed with cancer yearly; and Whereas, More than 1,600 cancer-related deaths are expected nationwide per day, and in 2010, there were approximately 55,660 new cancer cases in the state of Michigan; and 106 JOURNAL OF THE SENATE [February 4, 2015] [No. 9 Whereas, About 1.6 million new cancer cases were estimated to be diagnosed nationwide in 2013, with 580,350 Americans estimated to die of cancer; and Whereas, It is understood that early detection and prevention of cancer leads to healthier individuals, less heartache, and more cost-effective health care; and Whereas, The Michigan Legislature recognizes the efforts of the Less Cancer Campaign which works to raise awareness for the reduction of cancer risks; now, therefore, be it Resolved by the Senate, That the members of this legislative body recognize the devastating effect cancer has on families and seek to expand knowledge, encourage early detection, and work with our friends in the medical and scientific fields to put an end to this deadly disease; and be it further Resolved, That copies of this resolution be transmitted to the members of the Michigan congressional delegation, the United States Secretary of Health and Human Services, and the President and First Lady of the United States of America. Senators Ananich, Bieda, Booher, Brandenburg, Hansen, Hildenbrand, Hood, Horn, Kowall, MacGregor, Marleau, Nofs, Proos, Schmidt, Warren and Zorn were named co‑sponsors of the resolution. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills enators Smith, Meekhof and Kowall introduced S Senate Joint Resolution G, entitled A joint resolution proposing an amendment to the state constitution of 1963, by amending section 46 of article IV, to permit the death penalty in cases of the first degree murder of a peace officer or a corrections officer under certain circumstances. The joint resolution was read a first and second time by title and referred to the Committee on Judiciary. Senator Smith introduced Senate Bill No. 77, entitled A bill to amend 1990 PA 271, entitled “Limousine transportation act,” by amending section 7 (MCL 257.1907), as amended by 2000 PA 487. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Young and Hertel introduced Senate Bill No. 78, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 5525a. The bill was read a first and second time by title and referred to the Committee on Natural Resources. Senators Young, Ananich and Hertel introduced Senate Bill No. 79, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 672. The bill was read a first and second time by title and referred to the Committee on Finance. Senator Young introduced Senate Bill No. 80, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7403 and 7404 (MCL 333.7403 and 333.7404), as amended by 2012 PA 183. The bill was read a first and second time by title and referred to the Committee on Judiciary. Committee Reports COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Tuesday, February 3, 2015, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Stamas, Robertson, Hertel, Knezek and Hopgood Excused: Senator Jones No. 9] [February 4, 2015] JOURNAL OF THE SENATE 107 COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, February 3, 2015, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesdays, February 17, March 10, March 17, and March 24, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Corrections - Thursdays, February 19, March 5, and March 26, 9:00 a.m., Room 405, Capitol Building; February 26, March 12, and March 19, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768) Judiciary - Wednesdays, February 18, February 25, March 4, March 11, March 18, and March 25, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) State Police and Military Affairs - Thursdays, February 19 (CANCELED), February 26 (CANCELED), March 5 (CANCELED), March 12 (CANCELED), and March 26 (CANCELED), 1:00 p.m.; Tuesdays, February 17, February 24, March 3, March 10, and March 24, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Economic Development - Thursday, February 5, 1:30 p.m., Room 210, Farnum Building (373-5312) Elections and Government Reform - Thursday, February 5, 9:00 a.m., Rooms 402 and 403, Capitol Building (373-1721) Local Government - Tuesday, February 10, 12:30 p.m., Room 100, Farnum Building (373-5323) Transportation - Thursday, February 5, 8:30 a.m., Room 210, Farnum Building (373-5323) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:34 a.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Thursday, February 5, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 108 No. 10 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, February 5, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—excused Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—excused Horn—present Hune—present Johnson—excused Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—excused Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—excused Zorn—present 110 JOURNAL OF THE SENATE [February 5, 2015] [No. 10 ather Thomas Page of Saint Jude Parish of Grand Rapids offered the following invocation: F O Great Spirit, whose voice I hear in the winds and whose breath gives life to all the world: Hear me! I am small and weak, and I need Your strength and wisdom. Make me wise that I may learn the things You have taught my people. Let me hear the lessons You have hidden in every leaf and rock. I seek strength, not to be greater than another, but to fight my greatest enemy—myself. Make me always ready to come to You with clean hands and straight eyes, so when life fades as the fading sunset, my spirit may come to You without shame. Make me an instrument of Your peace. Where there is hatred, let me sow love; where there is injury, pardon; where there is discord, harmony; where there is error, truth; where there is doubt, faith; where there is despair, hope; where there is darkness, light; and where there is sadness, joy. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senator Casperson be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senators Brandenburg and Proos be excused from today’s session. S The motion prevailed. enator Hood moved that Senator Bieda be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Johnson, Hopgood and Young be excused from today’s session. S The motion prevailed. The following communication was received and read: Office of the Senate Majority Leader January 29, 2015 ursuant to Section 229(1) of Public Act 252 of 2014, I hereby announce the appointment of Senators to the Michigan P Works! workgroup on job readiness programs and TANF funding for the 98th Legislature: Senator MacGregor Senator Stamas Senator Young If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communication was referred to the Secretary for record. The following communication was received: Department of Treasury February 3, 2015 lease find attached the divestment report to the Legislature for the 2014 calendar year. This report is required by the P Divestment from Terror Act, MCL 129.291 et seq. and the divestment mandates of the Public Employee Retirement System Investment Act (MCL 38.1133c and MCL 38.1133d). The Acts require the State Treasurer file a publically available report to the Legislature each year on progress made under the Acts. This e-mail and the attached report represent the State Treasurer’s compliance with this reporting mandate. If you have any questions, please contact Amanda York Ellis Jenkins at (517) 335-9286 or jenkinsa5@michigan.gov. Cathy Murray, Paralegal Bureau of Investments The communication was referred to the Secretary for record. No. 10] [February 5, 2015] JOURNAL OF THE SENATE 111 The Secretary announced that the following bills and joint resolution were printed and filed on Wednesday February 4, and are available at the Michigan Legislature website: Senate Bill Nos. 73 74 75 76 77 78 79 80 Senate Joint Resolution G House Bill Nos. 4125 4126 4127 4128 4129 4130 4131 4132 4133 4134 4135 4136 Senator Bieda entered the Senate Chamber. General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Warren as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 28, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 50 and 50b (MCL 750.50 and 750.50b), section 50 as amended by 2007 PA 152 and section 50b as amended by 2008 PA 339. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill: Senate Bill No. 29, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 16b, 34, 40, 46, and 49 of chapter XVII (MCL 777.16b, 777.34, 777.40, 777.46, and 777.49), section 16b as amended by 2008 PA 562, section 34 as added by 1998 PA 317, section 40 as amended by 2014 PA 350, section 46 as amended by 1999 PA 227, and section 49 as amended by 2002 PA 137. The following is the amendment recommended by the Committee of the Whole: 1. Amend page 7, following line 15, by inserting: “Enacting section 1. This amendatory act takes effect April 1, 2016.” and renumbering the remaining enacting section. The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senator Casperson entered the Senate Chamber. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senators Brandenburg, Jones, Horn, Hansen, Hildenbrand, Robertson, Proos, Nofs, MacGregor and Zorn introduced Senate Bill No. 81, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2014 PA 40. The bill was read a first and second time by title and referred to the Committee on Finance. Senators MacGregor, Proos, Brandenburg, Nofs, Hansen, Robertson and Shirkey introduced Senate Bill No. 82, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 2b (MCL 205.92b), as amended by 2008 PA 439. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Proos, MacGregor, Brandenburg, Nofs, Hansen, Robertson and Shirkey introduced Senate Bill No. 83, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1a (MCL 205.51a), as amended by 2008 PA 438. The bill was read a first and second time by title and referred to the Committee on Finance. 112 JOURNAL OF THE SENATE [February 5, 2015] [No. 10 Senators Colbeck, Jones, Shirkey, Brandenburg, Horn, Green, Marleau, Zorn, Emmons, Pavlov, Proos, Knollenberg, MacGregor, Hansen, Robertson, Hildenbrand, Casperson, Booher, Schmidt and Nofs introduced Senate Bill No. 84, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811z. The bill was read a first and second time by title and referred to the Committee on Transportation. Committee Reports The Committee on Outdoor Recreation and Tourism reported Senate Bill No. 54, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40104, 40112, and 48703a (MCL 324.40104, 324.40112, and 324.48703a), section 40104 as added by 1995 PA 57, section 40112 as amended by 1996 PA 316, and section 48703a as amended by 2014 PA 281. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Goeff Hansen Chairperson To Report Out: Yeas: Senators Hansen, Zorn, Schmidt, Green and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Outdoor Recreation and Tourism reported Senate Bill No. 55, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40111c (MCL 324.40111c), as added by 2008 PA 301. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Goeff Hansen Chairperson To Report Out: Yeas: Senators Hansen, Zorn, Schmidt, Green and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Outdoor Recreation and Tourism submitted the following: T Meeting held on Wednesday, February 4, 2015, at 12:30 p.m., Room 100, Farnum Building Present: Senators Hansen (C), Zorn, Schmidt, Green and Johnson Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesdays, February 17, March 10, March 17, and March 24, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Community Health - Tuesday, February 10, 2:30 p.m., Rooms 402 and 403, Capitol Building (373-2768) Corrections - Thursdays, February 19, March 5, and March 26, 9:00 a.m., Room 405, Capitol Building; February 26, March 12, and March 19, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768) No. 10] [February 5, 2015] JOURNAL OF THE SENATE 113 Higher Education - Thursday, February 19, 1:30 p.m., Central Michigan University, Park Library, 250 West Preston Street, Mount Pleasant; Tuesday, February 24, 11:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building; and Monday, March 2, 1:30 p.m., Ferris State University, University Center, Room 203, 805 Campus Drive, Big Rapids (373-2768) Judiciary - Wednesdays, February 18, February 25, March 4, March 11, March 18, and March 25, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) K-12, School Aid, Education - Wednesday, February 18, 8:30 a.m., Room 405, Capitol Building; Wednesdays, February 25, March 4, March 11, March 18, and March 25, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) State Police and Military Affairs - Thursdays, February 19 (CANCELED), February 26 (CANCELED), March 5 (CANCELED), March 12 (CANCELED), and March 26 (CANCELED), 1:00 p.m.; Tuesdays, February 17, February 24, March 3, March 10, and March 24, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Judiciary - Tuesday, February 10, 3:00 p.m., Room 110, Farnum Building (373-1721) Local Government - Tuesday, February 10, 12:30 p.m., Room 100, Farnum Building (373-5323) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:13 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, February 10, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 114 No. 11 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, February 10, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 116 JOURNAL OF THE SENATE [February 10, 2015] [No. 11 Pastor Kevin Earley of Metropolitan Church of God of Detroit offered the following invocation: Our Father and God, Creator of all, we give You the glory and honor You are due. Lord, we are grateful for the legislators and leaders who serve this great state of Michigan. By Your Spirit, may You give them wisdom and knowledge from on high, empowering them to excel even beyond their experience and education. I pray that You will inspire the women and men of this Senate to make decisions that are just and beneficial for all. I pray Your blessing upon this house, as well as their individual homes. Gracious God, I ask that You will strengthen and prosper the people of this state from north to south and east to west; those who call on You and those who do not. Far from division, may their differences and diversity lead to a better land, a better today, and a better tomorrow. May we grasp how deep, wide, and long the love is that You have for us. In Your Son’s name, I pray. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senator Green be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. The Secretary announced that the following House bill was received in the Senate and filed on Thursday, February 5: House Bill No. 4078 The Secretary announced that the following joint resolution was printed and filed on Wednesday, February 4, and is available at the Michigan Legislature website: House Joint Resolution G The Secretary announced that the following bills were printed and filed on Thursday, February 5, and are available at the Michigan Legislature website: Senate Bill Nos. 81 82 83 84 House Bill Nos. 4137 4138 4139 The Secretary announced that the following bills were printed and filed on Friday, February 6, and are available at the Michigan Legislature website: House Bill Nos. 4140 4141 4142 4143 4144 4145 4146 4147 4148 4149 4150 4151 4152 4153 4154 4155 4156 4157 4158 4159 4160 4161 Messages from the Governor Senator Young entered the Senate Chamber. The following message from the Governor was received on February 9, 2015, and read: EXECUTIVE ORDER No. 2015-4 Creation of the Department of Health and Human Services, Michigan Children’s Services Agency, Aging and Adult Services Agency, and the Health and Human Services Office of Inspector General Department of Human Services Department of Community Health Department of Licensing and Regulatory Affairs No. 11] [February 10, 2015] JOURNAL OF THE SENATE 117 Executive Reorganization WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that he considers necessary for efficient administration; and WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor unless otherwise provided by the Constitution; and WHEREAS, there is a continued need to reorganize functions among state departments to ensure efficient administration; and WHEREAS, the protection and strengthening of Michigan’s families can be more effectively and efficiently assured by the alignment of family and health related services and administrative functions in state government; NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I. DEFINITIONS As used in this Order: A. “Department of Health and Human Services” means the principal department of state government created under Section II of this Order. B. “Department of Human Services” means the principal department of state government created as the Department of Social Services under Section 450 of the Executive Reorganization Act of 1965, 1965 PA 380, MCL 16.550, renamed the Family Independence Agency under 1995 PA 223, MCL 400.1, and renamed the Department of Human Services under Executive Order 2004-38. C. “Department of Community Health” means the principal department of state government created as the Department of Mental Health under Section 400 of the Executive Reorganization Act of 1965, 1965 PA 380, MCL 16.500, and renamed the Department of Community Health under Executive Order 1996-1, MCL 330.3101. D. “Department of Licensing and Regulatory Affairs” means the principal department of state government created as the Department of Commerce under Section 225 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.325, renamed the Department of Consumer and Industry Services under Executive Order 1996-2, MCL 445.2001, renamed the Department of Labor and Economic Growth under Executive Order 2003-18, MCL 445.2011, renamed the Department of Energy, Labor and Economic Growth under Executive Order 2008-20, MCL 445.2025, and renamed the Department of Licensing and Regulatory Affairs under Executive Order 2011-4, MCL 445.2030. E. “State Budget Director’’ means the individual appointed by the Governor pursuant to Section 321 of The Manage­ ment and Budget Act, 1984 PA 431, MCL 18.1321. II.  CREATION OF THE DEPARTMENT OF HEALTH AND HUMAN SERVICES A. The Department of Health and Human Services (“Department”) is created as a principal department in the executive branch of state government. The Department shall develop, administer, and coordinate health and family security initiatives and programs in this state. B. The Department shall be headed by a Director of the Department of Health and Human Services who shall be appointed by the Governor, with the advice and consent of the Michigan Senate, commencing on the effective date of this Order. The individual appointed as the Director shall serve as a member of the Governor’s Cabinet. C. The Director of the Department shall provide executive direction and supervision for the implementation of all transfers of authority to the Department of Health and Human Services made under this Order. D. The Director of the Department shall administer the assigned functions transferred by this Order in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order. E. The Director of the Department and the directors of all other state departments and agencies having authority trans­ ferred to the Department of Health and Human Services under this Order shall immediately initiate coordination to facilitate the transfers and develop memoranda of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved related to the authority to be transferred. F. All records, property, and unexpended balances of appropriations, allocations, or other funds used, held, employed, available to be made for activities, powers, duties, functions, and responsibilities transferred to the Department of Health and Human Services under this Order are hereby transferred to the Department of Health and Human Services. G. The Director of the Department of Health and Human Services may delegate a duty or power conferred by law or this Order and the person to whom such duty or power is delegated may perform such duty or exercise such power at the time and to the extent that such duty or power is delegated by the Director of the Department of Health and Human Services. H. All rules, orders, contracts, and agreements related to the functions transferred to the Department of Health and Human Services by this Order lawfully adopted prior to the effective date of this Order by the responsible state agency shall continue to be effective until revised, amended, or rescinded. 118 JOURNAL OF THE SENATE [February 10, 2015] [No. 11 I. Any suit, action or other proceeding lawfully commenced against, or before any entity transferred to the Department of Health and Human Services by this Order shall not abate by reason of the taking effect of this Order. Any lawfully com­ menced suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order. III.  TRANSFERS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES A. Except as otherwise provided in Section XIII of this Order, all the authority, powers, duties, functions, responsibilities, personnel, equipment, property, and budgetary resources of the Department of Human Services are transferred to the Department of Health and Human Services. B. Except as otherwise provided in Section XIII of this Order, all the authority, powers, duties, functions, responsibilities, rulemaking authority, appointment authority, personnel, equipment, and budgetary resources of the Director of the Depart­ ment of Human Services are transferred to the Director of the Department of Health and Human Services. C. All the authority, powers, duties, functions, responsibilities, personnel, equipment, property, and budgetary resources of the Department of Community Health are transferred to the Department of Health and Human Services. D. All the authority, powers, duties, functions, responsibilities, rulemaking authority, appointment authority, personnel, equipment, and budgetary resources of the Director of the Department of Community Health are transferred to the Director of the Department of Health and Human Services. E. Except as otherwise provided in Section XIII of this Order, after the effective date of this Order, statutory and legal references to the Department of Human Services, the Department of Community Health, or all predecessor departments, shall be deemed references to the Department of Health and Human Services. F. Except for functions and responsibilities transferred under Section XIII of this Order, any and all references to the Director of the Department of Community Health or the Director of the Department of Human Services shall be deemed to be references to the Director of the Department of Health and Human Services. IV.  CREATION OF THE MICHIGAN CHILDREN’S SERVICES AGENCY A. The Michigan Children’s Services Agency is created within the Department. The Michigan Children’s Services Agency shall exercise the powers duties, functions, and responsibilities vested in the Michigan Children’s Services Agency under this Order or assigned to the Children’s Services Agency by the Director of the Department under the direction and super­ vision of the Director of the Department. B. The chief officer of the Michigan Children’s Services Agency shall be an Executive Director. C. In addition to any other powers, duties, functions and responsibilities placed in the Michigan Children’s Services Agency by the Director of the Department of Health and Human Services, the Michigan Children’s Services Agency shall exercise all of the following powers, duties, functions, and responsibilities: i. Review, investigate, evaluate, and assess all programs within the Department related to services and programs for children. ii. Analyze and make recommendations to the Director of the Department on existing and proposed children’s services and programs including, but not limited to, services for foster children, juvenile justice, and homeless youth. iii. Provide information and assistance relating to children’s services and programs to the Director of the Department and the Governor, both directly and by functioning as a clearinghouse for information related to children’s services and programs received from other programs within the Department, other states, the federal government, and private sector partners. iv. Serve as the liaison to state departments and agencies with respect to children’s services and programs. V.  CREATION OF THE AGING AND ADULT SERVICES AGENCY A. The Aging and Adult Services Agency is created within the Department. The Aging and Adult Services Agency shall exercise the powers, duties, functions, and responsibilities vested in the Aging and Adult Services Agency under this Order or assigned to the Aging and Adult Services Agency by the Director of the Department under the direction and supervision of the Director of the Department. B. The chief officer of the Aging and Adult Services Agency shall be an Executive Director. C. The Commission on Services to the Aging, created by Section 3 of 1981 PA 180, MCL 400.583, is transferred from the Department of Community Health to the Aging and Adult Services Agency. D. All authority, powers, duties, functions, and responsibilities of the Office of Services to the Aging, created by the Older Michiganians Act, 1981 PA 180, MCL 400.581, are transferred from the Office of Services to the Aging within the Department of Community Health to the Aging and Adult Services Agency. E. All authority, powers, duties, functions, and responsibilities vested in the position of the Director of the Office of Services to the Aging are transferred to the Executive Director of the Aging and Adult Services Agency, or his or her designee. F. The position of Director of the Office of Services to the Aging, created by Section 5 of 1981 PA 180, MCL 400.585, is abolished. G. The Office of Services to the Aging, created by Section 5 of 1981 PA 180, MCL 400.585, is abolished. VI.  AUTISM COUNCIL A. The Autism Council, created by Executive Order 2012-11, is transferred from the Department of Community Health to the Michigan Department of Health and Human Services. B. The membership of the Autism Council, defined by Section II. B. of Executive Order 2012-11, is amended to substitute the Director of the Department of Health and Human Services for the Director of the Department of Human Services for the Director of the Department of Community Health. No. 11] [February 10, 2015] JOURNAL OF THE SENATE 119 VII.  STATE CHILD ABUSE AND NEGLECT PREVENTION BOARD A. The State Child Abuse and Neglect Prevention Board, created by 1982 PA 250, MCL 722.601 et seq. and transferred from the Department of Management and Budget to the Department of Human Services through Executive Reorganization Order 1992-5 is transferred from the Department of Human Services to the Department of Health and Human Services. B. The membership of the State Child Abuse and Neglect Prevention Board, defined by Section 4 of the Child Abuse and Neglect Prevention Act, 1982 PA 250, MCL 722.604(1)(a), is amended to substitute the Director of the Department of Health and Human Services for the Director of the Department of Human Services and the Executive Director of the Michigan Children’s Services Agency for the Director of the Department of Community Health. VIII.  INTERAGENCY COORDINATING COUNCIL FOR INFANTS AND TODDLERS WITH DEVELOP­ MENTAL DISABILITIES The membership of the Interagency Coordinating Council for Infants and Toddlers with Developmental Disabilities, defined by Section II. D. of Executive Order 2007-43, is amended to substitute the Director of the Department of Health and Human Services for the Director of the Department of Human Services and the Executive Director of the Michigan Children’s Services Agency for the Director of the Department of Community Health. IX.  MICHIGAN INTERAGENCY COUNCIL ON HOMELESSNESS The membership of the Michigan Interagency Council on Homelessness, defined by Section I. C. of Executive Order 2015-2, is amended to substitute the Director of the Department of Health and Human Services for the Director of the Department of Human Services and the Executive Director of the Michigan Children’s Services Agency for the Director of the Department of Community Health. X.  HEALTH INSURANCE REFORM COORDINATING COUNCIL The Health Insurance Reform Coordinating Council, created by Executive Order 2010-4, is abolished. XI.  HUMAN TRAFFICKING HEALTH ADVISORY BOARD A. The Human Trafficking Health Advisory Board, created by 2014 PA 461, MCL 752.993 et seq. is transferred from the Department of Community Health to the Department of Health and Human Services. B. The membership of the Human Trafficking Health Advisory Board, created by 2014 PA 461, MCL 752.993 et seq., is amended to substitute the Director of the Department of Health and Human Services for the Director of the Department of Human Services and the Executive Director of the Michigan Children’s Services Agency for the Director of the Depart­ ment of Community Health. XII.  CREATION OF THE HEALTH AND HUMAN SERVICES OFFICE OF INSPECTOR GENERAL A. The Office of Inspector General (“Office”) is created as an independent and autonomous entity within the Michigan Department of Health and Human Services. B. The Office shall be headed by the Inspector General, who shall be a member of the classified state civil service. The appoint­ing authority for the Inspector General shall be the Director of the Michigan Department of Health and Human Services. C. The Office of Inspector General shall conduct and supervise activities to prevent, detect, and investigate fraud, waste, and abuse in Health and Human Services programs, as well as those programs in the Michigan Children’s Services Agency and the Aging and Adult Services Agency. D. All authority, powers, duties, functions, and responsibilities of the Office of Inspector General, created by Section 43b of 2002 PA 573, MCL 400.43b, including but not limited to any authority, powers, duties, functions, and responsibilities of the Office of Inspector General under the Social Welfare Act, 1939 PA 280, MCL 400.1 to 400.122, are transferred from the Department of Human Services to the Michigan Department of Health and Human Services Office of Inspector General. E. All authority, powers, duties, functions, and responsibilities of the Office of Health Services Inspector General, created by Executive Order 2010-1, including but not limited to any authority, powers, duties, functions, and responsibilities of the Office of Inspector General under the Social Welfare Act, 1939 PA 280, MCL 400.1 to 400.122, are transferred from the Michigan Department of Community Health to the Michigan Department of Health and Human Services Office of Inspector General. F. The position of Inspector General, created by Section 43b of 2002 PA 573, MCL 400.43b, is abolished. G. The position of Health Services Inspector General, created by Executive Order 2010-1, is abolished. XIII.  TRANSFERS TO THE DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS A. Office of Child and Adult Licensing All authority, powers, duties, functions, and responsibilities of the Office of Child and Adult Licensing, created in Section VII of Executive Order 2003-14, are transferred from the Department of Human Services to the Department of Licensing and Regulatory Affairs, including but not limited to all of the following: i. Any authority, powers, duties, functions, and responsibilities of adult foster care, adult foster care facility, adult foster care camp, adult camp, adult foster care family home, and adult foster care group home licensing and regulation under the Adult Foster Care Licensing Act, 1979 PA 218, MCL 400.701 to 400.737, the Social Welfare Act, 1939 PA 280, MCL 400.1 to 400.122, and 1974 PA 381, MCL 338.41 to 338.47. ii. Any authority, powers, duties, functions, and responsibilities of children’s camp, child care center, day care center, family day care home, and group day care home licensing and regulation under 1973 PA 116, MCL 722.111 to 722.128, the Adult Foster Care Licensing Act, 1979 PA 218, MCL 400.701 to 400.737, and the Social Welfare Act, 1939 PA 280, MCL 400.1 to 400.122. 120 JOURNAL OF THE SENATE [February 10, 2015] [No. 11 iii. Any authority, powers, duties, functions, and responsibilities of licensing and regulation of homes for the aged under Article 17 of the Public Health Code, 1978 PA 368, MCL 333.20101 to 333.22260, and the Social Welfare Act, 1939 PA 280, MCL 400.1 to 400.122. B. Adult Foster Care Licensing Advisory Council The Adult Foster Care Licensing Advisory Council and all of the authority, powers, duties, functions, and responsibilities of the Adult Foster Care Licensing Advisory Council under the Adult Foster Care Licensing Act, 1979 PA 218, MCL 400.701 to 400.737, and the Social Welfare Act, 1939 PA 280, MCL 400.1 to 400.122, are transferred from the Depart­ ment of Human Services and the Director of the Department of Human Services to the Director of the Department of Licensing and Regulatory Affairs. C. Implementation of Transfers i. All records, personnel, property, unexpended balances of appropriations, allocations, or other funds used, held, employed, available, or to be made available to the Department of Human Services for the activities, powers, duties, functions, and respon­sibilities transferred by Section XII of this Order are transferred to the Department of Licensing and Regulatory Affairs. ii. The Director of the Department of Licensing and Regulatory Affairs, after consultation with the Director of the Department of Human Services, shall provide executive direction and supervision for the implementation of the transfers. The assigned functions shall be administered under the direction and supervision of the Director of the Department of Licensing and Regulatory Affairs. iii. The directors of the departments shall immediately initiate coordination to facilitate the transfers and shall develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved by the Department of Licensing and Regulatory Affairs. XIV. IMPLEMENTATION A. The Department of Human Services and the Department of Community Health are abolished. B. The directors of the departments impacted by this Order shall administer the functions transferred in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities under this Order. C. The State Budget Director shall determine and authorize the most efficient manner possible for the handling of finan­ cial transactions and records in the state’s financial management system for the remainder of the current state fiscal year for transfers made under this Order. D. All rules, orders, contracts, plans, and agreements relating to the functions transferred by this Order lawfully adopted prior to the effective date of this Order by the responsible state agency shall continue to be effective until revised, amended, or rescinded. E. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity transferred by this Order shall not abate by reason of the taking effect of this Order. Any lawfully commenced suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order. F. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order. In fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, this Order shall be effective 60 days after the filing of this Order. Given under my hand and the Great Seal of the state of [SEAL] Michigan this 6th day of February, in the Year of our Lord Two Thousand Fifteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. The following messages from the Governor were received and read: January 29, 2015 I respectfully submit to the Senate the following appointments to office: Board of State Canvassers Norman D. Shinkle of 2683 Donna Drive, Williamston, Michigan 48895, county of Ingham, a Republican, succeeding himself, is reappointed for a term expiring January 31, 2019. Julie Matuzak of 84 Lodewyck Street, Mount Clemens, Michigan 48043, county of Macomb, a Democrat, succeeding herself, is reappointed for a term expiring January 31, 2019. No. 11] [February 10, 2015] JOURNAL OF THE SENATE 121 February 2, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Board of Osteopathic Medicine and Surgery Kathleen L. Kudray of 1225 North Morrish Road, Flint, Michigan 48532, county of Genesee, representing physicians, succeeding William Cunningham, is appointed for a term expiring December 31, 2018. Jennifer Cory Behler of 1915 Lakeside Drive, S.E., Grand Rapids, Michigan 49506, county of Kent, representing physicians, succeeding Dennis Dobritt, is appointed for a term expiring December 31, 2018. February 3, 2015 I respectfully submit to the Senate the following appointments to office: Hispanic/Latino Commission of Michigan Juan Marinez of 4400 Apache Drive, Okemos, Michigan 48864, county of Ingham, succeeding Carlos Alvarado, is appointed for a term expiring December 10, 2017. Jesse E. Venegas of 318 North Altadena Drive, Royal Oak, Michigan 48067, county of Oakland, succeeding himself, is reappointed for a term expiring December 10, 2017. JoAnn Chavez of 6499 Warren Road, Ann Arbor, Michigan 48105, county of Washtenaw, succeeding herself, is reappointed for a term expiring December 10, 2017. Osvaldo Rivera of 7361 Patton Street, Detroit, Michigan 48228, county of Wayne, succeeding himself, is reappointed for a term expiring December 10, 2017. February 3, 2015 I respectfully submit to the Senate the following appointment to office: Hispanic/Latino Commission of Michigan Martha Gonzalez-Cortes of 6026 Kalamazoo Avenue, S.E., Box 151, Kentwood, Michigan 49508, county of Kent, suc­ ceeding Julia Guevara, is appointed for a term expiring December 10, 2017. February 4, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Domestic and Sexual Violence Prevention and Treatment Board Jacqueline A. Schafer of 4650 Cypress Trail Court, S.E., Grand Rapids, Michigan 49546, county of Kent, succeeding Kathryn Hoover, is appointed for a term expiring December 4, 2017. February 5, 2015 lease be advised of the following appointment to office: P Early Childhood Investment Corporation Jason A. Gold of 42974 Pond Bluff Drive, Belleville, Michigan 48111, county of Washtenaw, succeeding Jeanne Englehart, is appointed for a term expiring July 22, 2015. February 5, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Statewide Independent Living Council Sara Grivetti of 3939 E. Old Pine Trail, Midland, Michigan 48642, county of Midland, representing individuals with dis­ abilities, succeeding herself, is reappointed for a term expiring December 31, 2017. Rebecca A. Parten of 25316 Fairway Drive, Dearborn, Michigan 48124, county of Wayne, representing advocates of and for individuals with disabilities, succeeding herself, is reappointed for a term expiring December 31, 2017. Robin L. Bennett of 2105 N. Sheldon Road, Apt. 202, Canton, Michigan 48187, county of Wayne, representing individuals with disabilities, succeeding herself, is reappointed for a term expiring December 31, 2017. Wanda Y. Travis of 29680 Marshall Drive, Unit 69, Westland, Michigan 48186, county of Wayne, representing individuals with disabilities, succeeding Constance Lou Kiggins, is appointed for a term expiring December 31, 2017. Diana L. Maddox of 1122 Cawood Street, Lansing, Michigan 48915, county of Ingham, representing advocates of and for individuals with disabilities, succeeding Kenneth Browde, is appointed for a term expiring December 31, 2017. February 5, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Iron Industry Museum Advisory Board Candy C. Kozeluh of 913 Wilson Street, Marquette, Michigan 49588, county of Marquette, representing the city of Marquette, succeeding Carol L. Fulsher, is appointed for a term expiring October 4, 2018. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. 122 JOURNAL OF THE SENATE [February 10, 2015] [No. 11 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:06 a.m. 10:45 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator Green entered the Senate Chamber. By unanimous consent the Senate proceeded to the order of Resolutions enate Resolution No. 7. S A resolution to support scientifically-based state management of gray wolves and to call for legislative action by the U.S. Congress and an appeal by the U.S. Fish and Wildlife Service and the Michigan Department of Natural Resources in an effort to remove the Western Great Lakes gray wolf population from the endangered and threatened species list. The question being on the adoption of the resolution, Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The resolution was adopted, a majority of the members voting therefor, as follows: Roll Call No. 8 Yeas—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Nays—12 Ananich Hertel Johnson Smith Bieda Hood Knezek Warren Gregory Hopgood Rocca Young Excused—0 Not Voting—0 In The Chair: President Introduction and Referral of Bills Senator Hildenbrand introduced Senate Bill No. 85, entitled A bill to amend 1990 PA 319, entitled “An act to prohibit local units of government from imposing certain restrictions on the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition No. 11] [February 10, 2015] JOURNAL OF THE SENATE 123 for pistols or other firearms, or components of pistols or other firearms,” by amending the title and sections 1, 2, 3, and 4 (MCL 123.1101, 123.1102, 123.1103, and 123.1104). The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Brandenburg, Zorn, Schmidt, Casperson and Nofs introduced Senate Bill No. 86, entitled A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending section 518 (MCL 141.2518), as amended by 2014 PA 297. The bill was read a first and second time by title and referred to the Committee on Finance. Senator Colbeck introduced Senate Bill No. 87, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 30, 520, and 522 (MCL 206.30, 206.520, and 206.522), section 30 as amended by 2012 PA 597, section 520 as amended by 2011 PA 273, and section 522 as amended by 2013 PA 206. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Warren, Hertel, Ananich, Bieda and Gregory introduced Senate Bill No. 88, entitled A bill to enter into the interstate compact to elect the president by national popular vote; and for related purposes. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senators Warren, Hertel, Ananich, Bieda and Gregory introduced Senate Bill No. 89, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509t (MCL 168.509t), as amended by 2004 PA 92. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senators Jones, Hood, Zorn, Nofs, Marleau, Gregory, Schuitmaker, Bieda, Rocca, Smith, Hertel and Ananich introduced Senate Bill No. 90, entitled A bill to create an African-American affairs commission, an office of African-American affairs, and an interagency council on African-American affairs; to prescribe their powers and duties; and to prescribe the powers and duties of certain agencies, departments, and officials. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senator Booher introduced Senate Bill No. 91, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811dd. The bill was read a first and second time by title and referred to the Committee on Transportation. Senators Schuitmaker, Nofs and O’Brien introduced Senate Bill No. 92, entitled A bill to amend 1965 PA 203, entitled “Commission on law enforcement standards act,” by amending sections 1, 2, 3, 5, 6, 7, 9, 9a, 9b, 9c, 10, 11, 12, 13, and 14 (MCL 28.601, 28.602, 28.603, 28.605, 28.606, 28.607, 28.609, 28.609a, 28.609b, 28.609c, 28.610, 28.611, 28.612, 28.613, and 28.614), sections 1, 3, 5, 6, 7, 11, 12, and 14 as amended and sections 9a, 9b, and 9c as added by 1998 PA 237, section 2 as amended by 2013 PA 170, section 9 as amended by 2005 PA 239, and section 10 as amended by 2010 PA 67; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Schuitmaker, Nofs and O’Brien introduced Senate Bill No. 93, entitled A bill to amend 1982 PA 302, entitled “An act to create the Michigan justice training commission and the Michigan justice training fund; to provide the powers and duties of certain state agencies; to provide for the distribution and 124 JOURNAL OF THE SENATE [February 10, 2015] [No. 11 expenditure of funds; and to provide for the promulgation of rules,” by amending sections 1, 2, 3, 4, 5, 6, 8, and 9 (MCL 18.421, 18.422, 18.423, 18.424, 18.425, 18.426, 18.428, and 18.429), sections 1, 2, 3, 4, 5, and 6 as amended and section 9 as added by 1989 PA 158, and by adding sections 7, 8a, and 10. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Schuitmaker, Nofs and O’Brien introduced Senate Bill No. 94, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7411 (MCL 333.7411), as amended by 2013 PA 223. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators O’Brien, Nofs and Schuitmaker introduced Senate Bill No. 95, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 181 (MCL 600.181), as amended by 2008 PA 545. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators O’Brien, Nofs and Schuitmaker introduced Senate Bill No. 96, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11 of chapter III (MCL 763.11), as added by 2012 PA 479. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Shirkey introduced Senate Bill No. 97, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 384 (MCL 18.1384), as amended by 1999 PA 8. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4078, entitled A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2015; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. Committee Reports The Committee on Elections and Government Reform reported Senate Bill No. 44, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 613a (MCL 168.613a), as amended by 2011 PA 163. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David B. Robertson Chairperson To Report Out: Yeas: Senators Robertson, Colbeck, Emmons and Shirkey Nays: Senator Hood The bill was referred to the Committee of the Whole. No. 11] [February 10, 2015] JOURNAL OF THE SENATE 125 The Committee on Elections and Government Reform reported Senate Bill No. 45, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 641 (MCL 168.641), as amended by 2005 PA 71. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David B. Robertson Chairperson To Report Out: Yeas: Senators Robertson, Colbeck, Emmons and Shirkey Nays: Senator Hood The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Elections and Government Reform submitted the following: T Meeting held on Thursday, February 5, 2015, at 9:00 a.m., Rooms 402 and 403, Capitol Building Present: Senators Robertson (C), Colbeck, Emmons, Shirkey and Hood The Committee on Transportation reported Senate Bill No. 42, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 7a, 18b, 25, 67a, 212, 259, 306, 307, 309, 310d, 310e, 312e, 312f, 319, 319b, 324, 732, 803b, and 904 (MCL 257.7a, 257.18b, 257.25, 257.67a, 257.212, 257.259, 257.306, 257.307, 257.309, 257.310d, 257.310e, 257.312e, 257.312f, 257.319, 257.319b, 257.324, 257.732, 257.803b, and 257.904), sections 7a and 212 as amended by 2002 PA 534, section 18b as added and section 67a as amended by 1988 PA 346, section 306 as amended by 2014 PA 120, section 307 as amended by 2012 PA 55, section 309 as amended by 2012 PA 355, section 310d as amended by 2004 PA 62, section 310e as amended by 2011 PA 124, sections 312e and 803b as amended by 2011 PA 159, section 312f as amended by 2012 PA 473, section 319 as amended by 2012 PA 306, section 319b as amended by 2012 PA 498, section 324 as amended by 2006 PA 298, section 732 as amended by 2012 PA 592, and section 904 as amended by 2008 PA 461, and by adding section 306a. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov and Marleau Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, February 5, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov and Marleau Excused: Senator Hopgood COMMITTEE ATTENDANCE REPORT he Committee on Economic Development submitted the following: T Meeting held on Thursday, February 5, 2015, at 1:30 p.m., Room 210, Farnum Building Present: Senators Horn (C), Schmidt, Stamas, Emmons, Smith and Bieda Excused: Senator Brandenburg Scheduled Meetings Appropriations and House Appropriations - Wednesday, February 11, 11:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5307) 126 JOURNAL OF THE SENATE [February 10, 2015] [No. 11 Subcommittees Agriculture and Rural Development - Tuesdays, February 17, March 10, March 17, and March 24, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Corrections - Thursdays, February 19, March 5, and March 26, 9:00 a.m., Room 405, Capitol Building; February 26, March 12, and March 19, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768) General Government - Thursdays, February 19, 9:15 a.m., February 26, March 5, March 12, March 19, and March 26, 8:30 a.m., Room 100, Farnum Building (373-2768) Higher Education - Thursday, February 19, 1:30 p.m., Central Michigan University, Park Library, 250 West Preston Street, Mount Pleasant; Tuesday, February 24, 11:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building; and Monday, March 2, 1:30 p.m., Ferris State University, University Center, Room 203, 805 Campus Drive, Big Rapids (373-2768) Human Services - Thursday, February 12, 2:00 p.m., Room 100, Farnum Building (373-2768) Judiciary - Wednesdays, February 18, February 25, March 4, March 11, March 18, and March 25, 1:00 p.m., Senate Appro­priations Room, 3rd Floor, Capitol Building (373-2768) K-12, School Aid, Education - Wednesdays, February 18, 8:30 a.m., Room 405, Capitol Building; February 25, March 4, March 11, March 18, and March 25, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Licensing and Regulatory Affairs - Wednesday, February 18, 8:30 a.m., Room 110, Farnum Building (373-2768) State Police and Military Affairs - Thursdays, February 19 (CANCELED), February 26 (CANCELED), March 5 (CANCELED), March 12 (CANCELED), and March 26 (CANCELED), 1:00 p.m.; Tuesdays, February 17, February 24, March 3, March 10, and March 24, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursdays, February 19, February 26, March 12, March 19, and March 26, 8:30 a.m.; and March 5, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Economic Development - Thursday, February 12, 1:30 p.m., Room 210, Farnum Building (373-5312) Transportation - Thursday, February 12, 8:30 a.m., Room 210, Farnum Building (373-5323) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:03 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, February 11, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 12 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, February 11, 2015. 10:00 a.m. The Senate was called to order by the Assistant President pro tempore, Senator Margaret E. O’Brien. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—excused Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—excused Stamas—present Warren—present Young—excused Zorn—present 128 JOURNAL OF THE SENATE [February 11, 2015] [No. 12 Pastor Tyson Nofzinger of Westland Free Methodist Church of Westland offered the following invocation: Father, I thank You for these men and women who have been appointed to serve our great state. Today, I pray that You would infuse them with passion and fill them with joy for this high calling. Would You help them to not grow weary in doing good. Your word says that You will give wisdom generously to all who ask, so would You give them wisdom for and insight into whatever challenges they may be facing. Would You please direct them as they lead the people, create policy, and manage resources. Would You give them the ability to encourage and lead a financially- and morally-diverse constituency. As the burden for a better world falls on more than just those in this room, would You direct all of us to do our part to make our communities a better place. God, would You enable those in this room to lead with integrity and model unity. Would You give them courage, soft hearts, and thick skin. As they work long hours, I pray that You help them to balance their commitments in a way that those who are closest to them would feel loved and valued. Would You use our leaders and our people in this state to inspire our nation. Above all, God, would You help us to look to You. I pray that as we do, You would bring success; as we can do all things through Him who gives us strength. Amen. The Assistant President pro tempore, Senator O’Brien, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Casperson entered the Senate Chamber. The following communications were received: Department of State Administrative Rules Notices of Filing January 8, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-039-LR (Secretary of State Filing #15-01-01) on this date at 3:14 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Contested Case and Declaratory Ruling Proce­ dures.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. January 8, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-050-LR (Secretary of State Filing #15-01-11) on this date at 3:15 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Administrative Appellate.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. January 8, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-046-LR (Secretary of State Filing #15-01-08) on this date at 3:15 p.m. for the Department of Licensing and Regulatory Affairs, entitled “General Rules.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. No. 12] [February 11, 2015] JOURNAL OF THE SENATE 129 January 8, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-049-LR (Secretary of State Filing #15-01-10) on this date at 3:15 p.m. for the Department of Licensing and Regulatory Affairs, entitled “General Rules.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. January 8, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-045-CH (Secretary of State Filing #15-01-07) on this date at 3:15 p.m. for the Department of Licensing and Regulatory Affairs, entitled “MSA Provider Hearings.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. January 8, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-044-LR (Secretary of State Filing #15-01-06) on this date at 3:15 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Occupational Boards.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. January 8, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-048-LR (Secretary of State Filing #15-01-09) on this date at 3:15 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Wage and Fringe Benefit Hearings.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. January 8, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-040-LR (Secretary of State Filing #15-01-02) on this date at 3:16 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Practice and Procedures Before the Commission.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. January 8, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-041-TP (Secretary of State Filing #15-01-03) on this date at 3:18 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Hearings on Traffic Control Orders.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. January 8, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-042-IF (Secretary of State Filing #15-01-04) on this date at 3:20 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Hearing Procedures.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. 130 JOURNAL OF THE SENATE [February 11, 2015] [No. 12 January 8, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-043-LR (Secretary of State Filing #15-01-05) on this date at 3:22 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Disciplinary Proceedings.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. enator Hood moved that Senators Ananich and Gregory be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Johnson, Smith and Young be excused from today’s session. S The motion prevailed. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Booher as Chairperson. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 54, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40104, 40112, and 48703a (MCL 324.40104, 324.40112, and 324.48703a), section 40104 as added by 1995 PA 57, section 40112 as amended by 1996 PA 316, and section 48703a as amended by 2014 PA 281. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 55, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40111c (MCL 324.40111c), as added by 2008 PA 301. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. Resolutions enator O’Brien offered the following resolution: S Senate Resolution No. 11. A resolution to commemorate February 14, 2015, as Go Curling Day in the state of Michigan. Whereas, Due to hard work and excellence during the 2010 Curling Nationals for the second time in the past five years, Wings Stadium has been selected to host the 2015 Curling Nationals. This premier event is held for the selection of the elite athletes to represent the United States in the men’s and women’s World Curling Championships, being held in Kalamazoo from February 14-21, 2015; and Whereas, The first curling club in the United States was formed in Michigan and curled on Orchard Lake in 1831. The Orchard Lake Curling Club used hickory block instead of the traditional granite stones used today. Now there are twelve clubs in Michigan, including Ann Arbor, Calumet, Detroit, Escanaba, Ferndale, Gladstone, Kalamazoo, Lansing, Port Huron, and Traverse City; and No. 12] [February 11, 2015] JOURNAL OF THE SENATE 131 Whereas, Hosting the event for a second time would not have been possible without a dedicated staff, experienced man­ age­ment, and a superior venue which will bring international attention to Kalamazoo County and the entire state of Michigan; and Whereas, The success of the 2010 event has caused interest in curling to grow across Michigan and advanced the creation of new clubs that promote fitness as well as strengthen community; and Whereas, During the 2010 event, 5,000 people visited the city of Kalamazoo and Wings Stadium, and more than $200,000 was infused into the local economy. Kalamazoo and Wings Stadium have once again been chosen to host this grand event and will have the eyes of American curling focused on them in 2015; and Whereas, Go Curling Day demonstrates Michigan’s commitment to tourism promotion and economic growth; now, therefore, be it Resolved by the Senate, That the members of the legislative body commemorate February 14, 2015, as Go Curling Day in the state of Michigan. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Hansen, Hertel, Kowall, Marleau, Proos, Robertson, Schmidt, Schuitmaker and Zorn were named co‑sponsors of the resolution. Senators Ananich and Gregory entered the Senate Chamber. Senators Proos, Colbeck, Jones, Pavlov, Horn, Nofs, Emmons, Brandenburg, Rocca, Green and Schmidt offered the following resolution: Senate Resolution No. 12. A resolution to support ending water diversions from the Great Lakes through Chicago. Whereas, In recent years, Lake Michigan and Lake Huron have approached historic low levels. These low levels have a dramatic impact on state and local economies in Michigan and the other Great Lakes states. Commercial shippers have been forced to carry far less than full loads to avoid running aground, raising the cost of shipping goods. Many harbors are too shallow for recreational boats to navigate safely, denying coastal communities the significant revenue and jobs generated by these boaters; and Whereas, Billions of gallons of Great Lakes water are diverted annually out of the Great Lakes through the man-made Chicago Sanitary and Ship Canal. At its authorized rate, the loss of this water lowers Lake Michigan and Lake Huron by 2.5 inches, contributing to low water level emergencies as last occurred in 2013; and Whereas, The impact of this diversion on water levels may be even greater. The canal system has the capacity to divert nearly three times as much water, and there is a demonstrated history of flows exceeding the authorized diversion rates. Yet the actual diversion of water through Chicago over the last few years is unknown. Since 2011, the U.S. Army Corps of Engineers has failed to produce a report accounting for how much water is being diverted; and Whereas, The Chicago Sanitary and Ship Canal also serves as a pathway for Asian carp and other harmful species to invade the Great Lakes. Invasive species established in the Great Lakes already cost the region more than $100 million per year. Asian carp could add dramatically to this cost if they move through the canal into the Great Lakes; and Whereas, The costs of maintaining water diversions through Chicago outweigh any benefits to the Chicago area. The health of the Great Lakes must no longer take a back seat. Every inch of water makes a difference to the people, businesses, and communities that rely on the Great Lakes; now, therefore, be it Resolved by the Senate, That we support ending water diversions from the Great Lakes through Chicago; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Natural Resources. The motion prevailed. Senators Bieda, Booher, Hansen, Hildenbrand, Kowall, Marleau, Robertson, Schuitmaker and Zorn were named co‑sponsors of the resolution. Introduction and Referral of Bills The President, Lieutenant Governor Calley, assumed the Chair. 132 JOURNAL OF THE SENATE [February 11, 2015] [No. 12 Senator Shirkey introduced Senate Bill No. 98, entitled A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending sections 105 and 121 (MCL 389.105 and 389.121), as amended by 2012 PA 495. The bill was read a first and second time by title and referred to the Committee on Commerce. Senator Nofs introduced Senate Bill No. 99, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 89a. The bill was read a first and second time by title and referred to the Committee on Transportation. Senators Brandenburg, Horn, Zorn, Emmons, Colbeck, Schmidt, Hansen, Casperson, Nofs and Booher introduced Senate Bill No. 100, entitled A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 22 (MCL 205.22), as amended by 2007 PA 194. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Ananich, Smith, Hertel, Bieda, Warren, Johnson, Young and Hopgood introduced Senate Bill No. 101, entitled A bill to require employers to provide paid sick leave to certain employees; to specify the conditions for accruing and using paid sick leave; to prohibit retaliation against an employee for requesting, exercising, or enforcing rights granted in this act; to prescribe powers and duties of certain state departments, agencies, and officers; to provide for promulgation of rules; and to provide remedies and sanctions. The bill was read a first and second time by title and referred to the Committee on Commerce. Senators Pavlov, Booher, Robertson, Hildenbrand, Colbeck, Schuitmaker, Shirkey, Green, Proos, Brandenburg, Nofs and Hune introduced Senate Bill No. 102, entitled A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 5, 81d, and 132 (MCL 38.1305, 38.1381d, and 38.1432), section 5 as amended and section 81d as added by 2012 PA 300 and section 132 as added by 2010 PA 75, and by adding section 133. The bill was read a first and second time by title and referred to the Committee on Appropriations. Committee Reports The Committee on Local Government reported Senate Bill No. 18, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 2120a. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson No. 12] [February 11, 2015] JOURNAL OF THE SENATE 133 To Report Out: Yeas: Senators Zorn, Brandenburg, Rocca and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Local Government reported Senate Bill No. 19, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2014 PA 310. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Brandenburg, Rocca and Young Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, February 10, 2015, at 12:30 p.m., Room 100, Farnum Building Present: Senators Zorn (C), Brandenburg, Rocca and Young Excused: Senator Proos COMMITTEE ATTENDANCE REPORT he Subcommittee on Community Health submitted the following: T Meeting held on Tuesday, February 10, 2015, at 2:30 p.m., Rooms 402 and 403, Capitol Building Present: Senators Marleau (C), Shirkey and Hertel Excused: Senator Hansen Scheduled Meetings Appropriations - Thursday, February 12, 10:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-5307) Subcommittees Agriculture and Rural Development - Tuesdays, February 17, March 10, March 17, and March 24, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Community Colleges - Wednesdays, February 18 and March 25, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Corrections - Thursdays, February 19, March 5, and March 26, 9:00 a.m., Room 405, Capitol Building; February 26, March 12, and March 19, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768) General Government - Thursdays, February 19, 9:15 a.m., February 26, March 5, March 12, March 19, and March 26, 8:30 a.m., Room 100, Farnum Building (373-2768) Higher Education - Thursday, February 19, 1:30 p.m., Central Michigan University, Park Library, 250 West Preston Street, Mount Pleasant; Tuesday, February 24, 11:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building; and Monday, March 2, 1:30 p.m., Ferris State University, University Center, Room 203, 805 Campus Drive, Big Rapids (373-2768) Human Services - Thursday, February 12, 2:00 p.m., Room 100, Farnum Building (373-2768) Judiciary - Wednesdays, February 18, February 25, March 4, March 11, March 18, and March 25, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) 134 JOURNAL OF THE SENATE [February 11, 2015] [No. 12 K-12, School Aid, Education - Wednesdays, February 18, 8:30 a.m., Room 405, Capitol Building; February 25, March 4, March 11, March 18, and March 25, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Licensing and Regulatory Affairs - Wednesday, February 18, 8:30 a.m., Room 110, Farnum Building (373-2768) State Police and Military Affairs - Thursdays, February 19 (CANCELED), February 26 (CANCELED), March 5 (CANCELED), March 12 (CANCELED), and March 26 (CANCELED), 1:00 p.m.; Tuesdays, February 17, February 24, March 3, March 10, and March 24, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursdays, February 19, March 12, March 19, and March 26, 8:30 a.m.; February 26, 11:00 a.m.; and March 5, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Economic Development - Thursday, February 12, 1:30 p.m., Room 210, Farnum Building (373-5312) Transportation - Thursday, February 12, 8:30 a.m., Room 210, Farnum Building (373-5323) Transportation and House Transportation and Infrastructure - Tuesday, February 17, 10:30 a.m. or later immediately following session, Senate Hearing Room, Ground Floor, Boji Tower (373-5323) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:17 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, February 12, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 13 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, February 12, 2015. 10:00 a.m. The Senate was called to order by the Assistant President pro tempore, Senator Margaret E. O’Brien. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 136 JOURNAL OF THE SENATE [February 12, 2015] [No. 13 Chaplain Karlene Hattrick of American Legion Post 150 of Frankenmuth offered the following invocation: Almighty God, You who hung the stars in the sky and called them each by name; You who knew each one of us before we took our first breath and who walks with us until we breathe our last: We come humbly before You today with gratitude in our hearts for Your unfailing goodness and love toward us. Lord, You left us with the commandment that we shall love our neighbors as ourselves, and so we ask Your blessing upon the legislators of Michigan gathered here today. Grant to them a vision of this state that will fulfill Your purposes. May it be a state of justice, where none prey upon others; a state of economic plenty, where greed and poverty are both done away with; a state of compassion, where the needs of the unfortunate are met with care; a state of brotherhood, where success is founded upon service and where honor is given based on the content of character alone; and a state of peace, where order does not rest on force, but on love for each and everyone. These men and women in this room have an awesome responsibility to govern the citizens of this state with justice and integrity. So I ask, O Lord, that You would grant to them an extra measure of wisdom. For as it is written, if you need wisdom, ask our generous God, and He will give it to you. So give generously, Lord, to those here today, not for their own glory and honor, but that these who serve the people of Michigan may do so in a way that brings glory and honor to Your holy name. It’s in that name that we pray. Amen. The Assistant President pro tempore, Senator O’Brien, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Hood moved that Senator Johnson be temporarily excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Colbeck admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. Senator Colbeck asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Colbeck’s statement is as follows: We have a very Special Tribute today for a colleague of mine who followed a pretty unusual path to serve us here in the Senate, a former staffer of mine, Theresa Jasko. She actually came out of the convent and came to serve us and my con­ stituents of the 7th District in our office. It was a little bit of a change in environment, but she did amazing in service to our constituents, in service to me, and keeping a cheerful disposition. We didn’t quite sing the song “How Do You Solve a Problem Like Maria?”; but this is a case where she brought a lot of joy to our office and a lot of joy to our constituents. I constantly got contacted by constituents saying, “We love talking to Theresa whenever we call into the office, and she always takes such good care of us.” We just wanted to pull together a very Special Tribute for her, with her and her parents joining us today. If you don’t mind, I would like to read this tribute on her behalf: “LET IT BE KNOWN, That it has been a distinct pleasure to have been blessed by the professional and kind service that Theresa Jasko provided as Scheduler and Constituent Relations Aide for Michigan State Senator Patrick Colbeck. Theresa Jasko graduated in April 2003 from the University of Michigan with a major in Cultural Anthropology and a minor in Classical Archaeology. After graduation, Theresa moved to Lansing, where she worked in the film and video industry for a small production company for several years while also engaging in free-lance film and video work. Later, she worked for a technology company doing web hosting and VoIP services. Theresa joined the office of Senator Colbeck in March of 2012 and quickly became a valued member of the staff. As Senator Colbeck’s Scheduler and Constituent Relations Aide, Theresa Jasko wore many hats. The favorite parts of her job in the Senate were helping constituents find needed social services, learning more about the legislative process, and managing the interns. It was not uncommon to find her spending hours on the phone with a constituent helping them to navigate a complex problem with state government or just giving them a listening ear, only to see her quickly switch gears and reschedule a meeting. In 2013, Theresa Jasko founded an international nonprofit called Leonie’s Longing, where she currently serves as the group’s President. The compassion and kindness she has shown to those the nonprofit serves is a testament to the heart she has for those in need. She is dedicated to doing the job right and doing it well, and her outstanding work ethic and attention to detail are evident in both her work with Leonie’s Longing and in the State Senate. No. 13] [February 12, 2015] JOURNAL OF THE SENATE 137 Theresa Jasko’s rare blend of professionalism, perseverance, joviality, honesty, and kindness will be sorely missed by her co-workers and those who came in contact with her through our office. We sincerely hope the days ahead will be blessed and allow her to make more friendships and touch the lives of many others in her daily pursuits in the same way she has touched the lives of our 7th District team. IN SPECIAL TRIBUTE, Therefore, This document is signed and dedicated to honor Theresa Jasko in appreciation of her dedicated service to Senator Colbeck, the constituents of the 7th District, and the People of the State of Michigan. May God bless her and all of her future endeavors.” Senator Johnson entered the Senate Chamber. The Secretary announced that the following bills were printed and filed on Wednesday, February 11, and are available at the Michigan Legislature website: Senate Bill Nos. 85 86 87 88 89 90 91 92 93 94 95 96 97 House Bill Nos. 4162 4163 4164 4165 4166 4167 4168 4169 4170 4171 4172 4173 4174 4175 4176 4177 4178 Messages from the Governor The following message from the Governor was received on February 11, 2015, and read: EXECUTIVE ORDER No. 2015-5 Implementation of Expenditure Reductions Under Section 20 of Article V of the Michigan Constitution of 1963 WHEREAS, under Section 20 of Article V of the Michigan Constitution of 1963, the Governor, with the approval of the appropriating committees of the House of Representatives and the Senate, shall reduce expenditures authorized by appropriations whenever it appears that actual revenues for a fiscal period will fall below the revenue estimates on which appropriations for that period were based, and the reductions shall be made in accordance with procedures prescribed by law; and WHEREAS, it appears that actual revenues for the fiscal period beginning on October 1, 2014 and ending on September 30, 2015, will fall below the revenue estimates on which appropriations for that period were based, the estimates having been determined by the Legislature as required under Section 31 of Article IV of the Michigan Constitution of 1963; and WHEREAS, pursuant to Section 391 of The Management and Budget Act, 1984 PA 431, MCL 18.1391, on the basis of written information from the State Budget Director and the State Treasurer, it appears that actual revenues will fall below such revenue estimates; and WHEREAS, there is an unanticipated loss of funding that the departments and agencies of state government do not expect to obtain or make up during the current fiscal year; and WHEREAS, expenditure reductions totaling $102,887,900.00 general fund-general purpose and $3,500,000.00 special purpose funds are necessary; NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor under the Michigan Constitution of 1963 and Michigan law, and with the approval of a majority of members of each appropriations committee, order the following reductions in expenditures: A. Portions of general fund-general purpose expenditures authorized by appropriations amounting to $102,887,900.00 contained in the following articles of 2014 PA 252 are hereby reduced. Where the expenditure reductions of general fundgeneral purpose appropriations in this Order reduce the restricted portions of gross appropriations and sources of financing that will be earned, the amounts to be reduced shall be provided separately to the State Budget Director for approval and entry into the accounts. Reduction 2014 PA 252 Department Amount Article I Agriculture $600,000 Article IV Community Health 16,550,000 Article V Corrections 17,800,000 Article VI Education 5,814,000 Article VII Environmental Quality 3,400,000 138 JOURNAL OF THE SENATE [February 12, 2015] [No. 13 rticle X A Human Services 15,492,800 Article XIII Licensing and Regulatory Affairs 200,000 Article XV Natural Resources 1,500,000 Article XVI State Police 23,331,100 Article VIII Technology, Management, and Budget 15,500,000 Article VIII Treasury 2,700,000 TOTAL $102,887,900 B. The reduction totals for the departments and offices in Section A include the following appropriation items or are predicated upon the following actions: 1.  Department of Agriculture Appropriation Reduction Number Item Amount 01079 Food and agriculture industry growth initiative 600,000 600,000 2.  Department of Community Health Appropriation Reduction Number Item Amount 01130 Behavioral health program administration 300,000 11100 Pay for success contracts 1,500,000 11200 Health and wellness initiatives 1,500,000 11374 Injury control intervention project 350,000 12263 Essential local public health services 1,500,000 14241 Mental health commission recommendations 2,900,000 33500 Hospital services and therapy 7,000,000 33550 Health plan services 1,500,000 16,550,000 The amount in Article IV, Section 1866(1) is reduced to $10,000,000.00. 3.  Department of Corrections Appropriation Reduction Number Item Amount 01098 Prisoner re-entry local service providers 500,000 03112 Worker’s compensation 1,500,000 23322 Special alternative incarceration program (Camp Cassidy Lake) 228,000 24300 Electronic monitoring center 3,000,000 28531 County jail reimbursement program 1,250,000 29005 Education program 500,000 29511 Prison food service 1,000,000 29512 Transportation 1,000,000 30522 Southern region administration and support 645,000 32002 Charles E. Egeler correctional facility – Jackson 606,000 34002 Parnall correctional facility – Jackson 304,000 35002 Cooper street correctional facility – Jackson 228,000 46002 Alger correctional facility – Munising 568,000 47002 Baraga correctional facility – Baraga 228,000 48002 Carson City correctional facility – Carson City 304,000 49002 Chippewa correctional facility – Kincheloe 1,500,000 51002 Marquette branch prison – Marquette 304,000 52002 Oaks correctional facility – Eastlake 379,000 67002 Bellamy Creek correctional facility – Ionia 454,000 69002 St. Louis correctional facility – St. Louis 531,000 70002 Central Michigan correctional facility – St. Louis 228,000 72002 Earnest C. Brooks correctional facility – Muskegon 304,000 74002 Michigan reformatory – Ionia 151,000 75002 Womens Huron Valley correctional complex – Ypsilanti 607,000 79002 Gus Harrison correctional facility – Adrian 304,000 80002 Thumb correctional facility – Lapeer 304,000 83002 Saginaw correctional facility – Freeland 228,000 84002 Woodland correctional facility – Whitmore Lake 417,000 89002 Macomb correctional facility – New Haven 228,000 17,800,000 No. 13] [February 12, 2015] JOURNAL OF THE SENATE 4.  Department of Education Appropriation Number Item 05104 Child development and care public assistance 06103 Educator evaluations and assessments phase-in operations 5.  Department of Environmental Quality Appropriation Number Item 06051 Water pollution control and drinking water revolving fund 07010 Electronic document management 6.  Department of Human Services Appropriation Number Item 12080 Payroll taxes and fringe benefits 16150 Direct agency charges 32640 Emergency services local office allocations 47600 W. J. Maxey training school 47830 In-home community care 47850 Juvenile justice vision 20/20 62610 Field staff, salaries and wages 62620 Healthy Michigan plan administration 74350 Child welfare institute 74750 Adoption subsidies 81520 Michigan rehabilitation services The amount in Article X, Section 587 (1) of 2014 PA 252 is reduced to $650,000.00. The amount in Article X, Section 703 (1) of 2014 PA 252 is reduced to $0.00. 7.  Department of Licensing and Regulatory Affairs Appropriation Number Item 18330 Health systems regulation 18600 Health professions regulation 8.  Department of Natural Resources Appropriation Number Item 01730 Michigan historical center 02411 Forest recreation and trails 02511 Mackinac Island state park operations 06019 Nonmotorized trail development and maintenance grants 24046 State parks repair and maintenance 9.  Department of State Police Appropriation Number Item 28010 Emergency management and homeland security 28190 Disaster assistance 28600 Local public safety initiative 32170 Capitol complex security 32500 General law enforcement and traffic safety 36010 Commercial vehicle enforcement 10.  Department of Technology, Management, and Budget Appropriation Number Item 00008 Homeland security initiative/cyber security 00010 General government and public safety information technology investment project 139 Reduction Amount 2,400,000 3,414,000 5,814,000 Reduction Amount 2,750,000 650,000 3,400,000 Reduction Amount 10,000 2,750,000 559,300 400,000 600,000 1,000,000 94,200 2,181,900 50,000 6,547,400 1,300,000 15,492,800 Reduction Amount 100,000 100,000 200,000 Reduction Amount 50,000 150,000 50,000 1,000,000 250,000 1,500,000 Reduction Amount 500,000 16,000,000 500,000 294,000 2,827,100 3,210,000 23,331,100 Reduction Amount 1,000,000 2,500,000 140 JOURNAL OF THE SENATE [February 12, 2015] [No. 13 00100 Michigan public safety communications system 3,500,000 20142 Regional prosperity grants 500,000 20151 Litigation fund 2,000,000 20153 Office of urban initiatives 1,000,000 77081 Enterprisewide special maintenance for state facilities 5,000,000 15,500,000 11.  Department of Treasury Appropriation Reduction Number Item Amount 02410 Tax and economic policy 600,000 02460 Tobacco tax enforcement 100,000 09316 Senior citizen cooperative housing tax exemption program 2,000,000 2,700,000 C. Portions of appropriations financed with special purpose revenue amounting to $3,500,000.00 contained in the following public acts are reduced as follows: Reduction Public Act Department Amount 2012 PA 200 Technology, Management, and Budget $1,500,000 2013 PA 59 Technology, Management, and Budget 2,000,000 TOTAL $3,500,000 D. The reduction totals for the department in Section C include the following appropriation items: Department of Technology, Management, and Budget – Information, Communications and Technology   Innovation Fund Appropriation Reduction Number Item Amount 43825 Information, communications and technology innovation fund 3,500,000 3,500,000 The State Budget Director is authorized to take any and all actions necessary to implement the provisions of this Order to reduce expenditures authorized by appropriations as specified above for the fiscal year beginning on October 1, 2014 and ending on September 30, 2015. This Order is effective upon approval by the appropriations committees of the House of Representatives and the Senate, as provided under Section 20 of Article V of the Michigan Constitution of 1963 and Section 391 of The Management and Budget Act, 1984 PA 431, MCL 18.1391. Given under my hand and the Great Seal of the state of [SEAL] Michigan this 11th day of February, in the Year of our Lord, Two Thousand Fifteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Appropriations. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Hildenbrand as Chair­ person. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 44, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 613a (MCL 168.613a), as amended by 2011 PA 163. Senate Bill No. 45, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 641 (MCL 168.641), as amended by 2005 PA 71. No. 13] [February 12, 2015] JOURNAL OF THE SENATE 141 Senate Bill No. 42, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 7a, 18b, 25, 67a, 212, 259, 306, 307, 309, 310d, 310e, 312e, 312f, 319, 319b, 324, 732, 803b, and 904 (MCL 257.7a, 257.18b, 257.25, 257.67a, 257.212, 257.259, 257.306, 257.307, 257.309, 257.310d, 257.310e, 257.312e, 257.312f, 257.319, 257.319b, 257.324, 257.732, 257.803b, and 257.904), sections 7a and 212 as amended by 2002 PA 534, section 18b as added and section 67a as amended by 1988 PA 346, section 306 as amended by 2014 PA 120, section 307 as amended by 2012 PA 55, section 309 as amended by 2012 PA 355, section 310d as amended by 2004 PA 62, section 310e as amended by 2011 PA 124, sections 312e and 803b as amended by 2011 PA 159, section 312f as amended by 2012 PA 473, section 319 as amended by 2012 PA 306, section 319b as amended by 2012 PA 498, section 324 as amended by 2006 PA 298, section 732 as amended by 2012 PA 592, and section 904 as amended by 2008 PA 461, and by adding section 306a. The bills were placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: Senate Bill No. 44 Senate Bill No. 45 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: Senate Bill No. 44, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 613a (MCL 168.613a), as amended by 2011 PA 163. The question being on the passage of the bill, Senator Bieda offered the following amendment: 1. Amend page 2, line 3, by striking out all of enacting section 2 and inserting: “Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 98th Legislature are enacted into law: (a) Senate Bill No. 45. (b) Senate Bill No. 59.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 9 Yeas—12 Ananich Hertel Johnson Smith Bieda Hood Knezek Warren Gregory Hopgood Rocca Young Nays—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor 142 JOURNAL OF THE SENATE [February 12, 2015] [No. 13 Excused—0 Not Voting—0 In The Chair: O’Brien he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 10 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The President, Lieutenant Governor Calley, assumed the Chair. The following bill was read a third time: Senate Bill No. 45, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 641 (MCL 168.641), as amended by 2005 PA 71. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 11 Ananich Bieda Yeas—38 Hertel Hildenbrand Kowall Rocca MacGregor Schmidt No. 13] [February 12, 2015] JOURNAL OF THE SENATE 143 Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions he question was placed on the adoption of the following resolution consent calendar: T Senate Resolution No. 13 The resolution consent calendar was adopted. enator Brandenburg offered the following resolution: S Senate Resolution No. 13. A resolution designating February 15-21, 2015, as Michigan Court Reporting and Captioning Week. Whereas, For millennia, individuals have wanted the spoken word translated into text to record history and have relied on scribes to accomplish this task; and Whereas, The profession of scribe was born with the rise of civilization; and Whereas, In Ancient Egypt, scribes were considered to be the literate elite, recording laws and other important documents and, since that time, have served as impartial witnesses to history; and Whereas, Scribes were present with our nation’s Founding Fathers as the Declaration of Independence and Bill of Rights were drafted; and Whereas, President Lincoln entrusted scribes to record the Emancipation Proclamation; and Whereas, Since the advent of shorthand machines, these scribes have been known as court reporters and have played a permanent and invaluable role in courtrooms across our country; and Whereas, Court reporters and captioners are responsible for the closed captioning seen scrolling across television screens, at sporting stadiums, and in other community and educational settings, bringing information to millions of deaf and hard-of-hearing Americans every day; and Whereas, Court reporters and captioners translate the spoken word into text and preserve our history; and Whereas, Whether called the scribes of yesterday or the court reporters and captioners of today, the individuals who preserve our nation’s history are truly the guardians of the record; now, therefore, be it Resolved by the Senate, That we designates February 15-21, 2015, as Michigan Court Reporting and Captioning Week in the state of Michigan; and be it further Resolved, That a copy of this resolution be transmitted to the Governor requesting that a proclamation be issued calling on the residents of the great state of Michigan to observe the week with appropriate programs, ceremonies, and educational activities. Senators Bieda, Booher, Gregory, Hertel, Kowall, Proos and Schmidt were named co‑sponsors of the resolution. 144 JOURNAL OF THE SENATE [February 12, 2015] [No. 13 Introduction and Referral of Bills enator Hune introduced S Senate Joint Resolution H, entitled A joint resolution proposing an amendment to the state constitution of 1963, by adding section 28 to article I, to prohibit illegal aliens from receiving public assistance in this state. The joint resolution was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senator Pavlov introduced Senate Bill No. 103, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1249 and 1249a (MCL 380.1249 and 380.1249a), section 1249 as amended by 2014 PA 257 and section 1249a as added by 2011 PA 102, and by adding sections 1249b and 1531j; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Education. Senator Casperson introduced Senate Bill No. 104, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 3317. The bill was read a first and second time by title and referred to the Committee on Natural Resources. Senator Green introduced Senate Bill No. 105, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 10 (MCL 247.660), as amended by 2014 PA 473, and by adding section 11g. The bill was read a first and second time by title and referred to the Committee on Transportation. Senators Green, Colbeck, Horn, Brandenburg, Marleau, O’Brien, Hansen, Booher, Rocca, Zorn, Robertson and Pavlov introduced Senate Bill No. 106, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4o (MCL 205.54o), as amended by 2004 PA 173. The bill was read a first and second time by title and referred to the Committee on Finance. No. 13] [February 12, 2015] JOURNAL OF THE SENATE 145 Senator Hood introduced Senate Bill No. 107, entitled A bill to amend 1976 PA 331, entitled “Michigan consumer protection act,” by amending section 3 (MCL 445.903), as amended by 2010 PA 195. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Zorn, Horn, Colbeck, Jones, Nofs, Booher, Marleau, Hansen, Gregory, MacGregor and Bieda introduced Senate Bill No. 108, entitled A bill to amend 1989 PA 24, entitled “The district library establishment act,” by amending section 2 (MCL 397.172), as amended by 2005 PA 60. The bill was read a first and second time by title and referred to the Committee on Local Government. Statements Senator Colbeck asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Colbeck’s statement is as follows: This morning, as I often do, I review the news service headlines and read some of the stories that are coming through. One that came through today was kind of disturbing from my perspective, and I think it should be disturbing for taxpayers. I was reading through these headlines, and I found out that the Michigan Townships Association is contributing $100,000 to the Say Yes to Roads ballot proposal. For those of you who don’t know, the Townships Association is paid for by dues that come from our local municipalities and that’s coming from taxpayer dollars. In essence, taxpayer dollars are being used to lobby the taxpayers to increase their taxes. We are all trying to be fiscally responsible here in this body. I’m one of those folks who supports increased funding for the folks in local units of government, because for years, I think there’s been a case where I would rather have the local units of government get more funds than what happens up at the state level. I have a concern that this is a bad precedent. I think that it is a poor use of taxpayer dollars, and it’s something I think as legislators we should be aware of going forward. My personal preference would be to discourage such activities and such lobbying efforts with taxpayer dollars. Committee Reports The Committee on Judiciary reported Senate Bill No. 49, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by amending the heading of chapter XXA and by adding section 145s. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Bieda Nays: Senator Colbeck The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 50, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16g of chapter XVII (MCL 777.16g), as amended by 2012 PA 195. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson 146 JOURNAL OF THE SENATE [February 12, 2015] [No. 13 To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Bieda Nays: Senator Colbeck The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 53, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1 and 5o (MCL 28.421 and 28.425o), section 1 as amended by 2014 PA 203 and section 5o as amended by 2014 PA 206. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 72, entitled A bill to amend 2008 IL 1, entitled “Michigan medical marihuana act,” by amending section 7 (MCL 333.26427). With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, February 10, 2015, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Joint meeting held on Wednesday, February 11, 2015, at 11:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Excused: Senator Shirkey COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, February 12, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov and Marleau Excused: Senator Hopgood No. 13] [February 12, 2015] JOURNAL OF THE SENATE 147 Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesdays, February 17, March 10, March 17, and March 24, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Community Colleges - Wednesdays, February 18 and March 25, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Community Health - Tuesdays, February 17, February 24, and March 3, 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768) Corrections - Thursdays, February 19, March 5, and March 26, 9:00 a.m., Room 405, Capitol Building; February 26, March 12, and March 19, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768) General Government - Thursdays, February 19, 9:15 a.m., February 26, March 5, March 12, March 19, and March 26, 8:30 a.m., Room 100, Farnum Building (373-2768) Higher Education - Thursday, February 19, 1:30 p.m., Central Michigan University, Park Library, 250 West Preston Street, Mount Pleasant; Tuesday, February 24, 11:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building; and Monday, March 2, 1:30 p.m., Ferris State University, University Center, Room 203, 805 Campus Drive, Big Rapids (373-2768) Judiciary - Wednesdays, February 18, February 25, March 4, March 11, March 18, and March 25, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) K-12, School Aid, Education - Wednesdays, February 18, 8:30 a.m., Room 405, Capitol Building; February 25, March 4, March 11, March 18, and March 25, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Licensing and Regulatory Affairs - Wednesday, February 18, 8:30 a.m., Room 110, Farnum Building (373-2768) State Police and Military Affairs - Thursdays, February 19 (CANCELED), February 26 (CANCELED), March 5 (CANCELED), March 12 (CANCELED), and March 26 (CANCELED), 1:00 p.m.; Tuesdays, February 24, March 3, March 10, and March 24, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) State Police and Military Affairs and House State Police Appropriations Subcommittee - Tuesday, February 17, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursdays, February 19, March 12, March 19, and March 26, 8:30 a.m.; February 26, 11:00 a.m.; and March 5, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Education - Tuesday, February 17, 12:00 noon, Room 110, Farnum Building (373-5314) Judiciary - Tuesday, February 17, 3:00 p.m., Room 110, Farnum Building (373-1721) Legislative Council - Thursday, February 26, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212) Transportation and House Transportation and Infrastructure - Tuesday, February 17, 10:30 a.m. or later immediately following session, Senate Hearing Room, Ground Floor, Boji Tower (373-5323) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:37 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, February 17, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 148 No. 14 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, February 17, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 150 JOURNAL OF THE SENATE [February 17, 2015] [No. 14 eacon Roger Cahaney of St. Agnes Parish of Fowlerville offered the following invocation: D Almighty and eternal God, You have revealed Your glory to all nations. God of power and might, wisdom and justice, through You authority is rightly administered, laws are enacted, and judgment is decreed. Let the light of Your divine wisdom direct the deliberations of this Michigan State Senate and shine forth in all proceedings and laws framed for our rule and government. May they seek to preserve peace, promote statewide happiness, and continue to bring us the blessings of liberty and equality. We likewise commend to Your unbounded mercy all citizens of the state of Michigan, that we may be blessed in the knowl­edge and sanctified in the observance of Your holy law. May we be preserved in union and that peace the world cannot give, and after enjoying the blessings of this life, be admitted to those which are eternal. We pray to You who are Lord and God forever and ever. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications The following communication was received: Office of Senator David S. Hildenbrand February 12, 2015 er Section 391 of the Management and Budget Act (MCL 18.1391), I am notifying you of the recent approval of P Gov­er­nor Snyder’s Executive Order No. 2015-5. On Thursday, February 12, 2015, the Senate Committee on Appropriations met and considered Governor Snyder’s Exec­ utive Order No. 2015-5. A majority of the committee members elected and serving voted to approve Governor Snyder’s Executive Order No. 2015-5. Sincerely, Dave Hildenbrand Appropriations Chairman The communication was referred to the Secretary for record. The Secretary announced that the following bills and joint resolution were printed and filed on Thursday, February 12, and are available at the Michigan Legislature website: Senate Bill Nos. 98 99 100 101 102 103 104 105 106 107 108 Senate Joint Resolution H House Bill Nos. 4179 4180 4181 4182 4183 4184 4185 4186 4187 The Secretary announced that the following bills were printed and filed on Friday, February 13, and are available at the Michigan Legislature website: House Bill Nos. 4188 4189 4190 4191 4192 4193 4194 4195 4196 4197 4198 enator Kowall moved that Senator Nofs be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Johnson and Young be temporarily excused from today’s session. S The motion prevailed. Senator Nofs entered the Senate Chamber. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:06 a.m. 10:39 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senators Young and Johnson entered the Senate Chamber. No. 14] [February 17, 2015] JOURNAL OF THE SENATE 151 By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator Bieda introduced Senate Bill No. 109, entitled A bill to amend 1951 PA 33, entitled “An act to provide police and fire protection for townships and for certain areas in townships, certain incorporated villages, and certain cities; to authorize contracting for fire and police protection; to authorize the purchase of fire and police equipment, and the maintenance and operation of the equipment; to provide for defraying the cost of the equipment; to authorize the creation of special assessment districts and the levying and collecting of special assessments; to authorize the issuance of special assessment bonds in anticipation of the collection of special assessments and the advancement of the amount necessary to pay such bonds, and to provide for reimbursement for such advances by reassessment if necessary; to authorize the collection of fees for certain emergency services in townships and other municipalities; to authorize the creation of administrative boards and to prescribe their powers and duties; to provide for the appointment of traffic officers and to prescribe their powers and duties; and to repeal acts and parts of acts,” by amending section 10 (MCL 41.810), as amended by 2004 PA 463. The bill was read a first and second time by title and referred to the Committee on Local Government. Senators Robertson, Kowall, Marleau and Knollenberg introduced Senate Bill No. 110, entitled A bill to amend 1973 PA 139, entitled “An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; to provide methods for abolition of a unified form of county government; and to prescribe penalties and provide remedies,” by amending section 9 (MCL 45.559), as amended by 2003 PA 281. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senators Colbeck, Knollenberg, Robertson, Hansen, Brandenburg, Proos, Nofs, Emmons, Pavlov and Casperson introduced Senate Bill No. 111, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” (MCL 247.651 to 247.675) by adding section 11g. The bill was read a first and second time by title and referred to the Committee on Transportation. 152 JOURNAL OF THE SENATE [February 17, 2015] [No. 14 Senators Hertel, Jones, MacGregor, O’Brien, Warren, Knezek, Bieda, Hood, Marleau, Nofs, Ananich, Booher and Rocca introduced Senate Bill No. 112, entitled A bill to amend 1957 PA 29, entitled “An act to provide for the disposition of certain files and records in the probate courts of this state,” by amending section 1 (MCL 720.551). The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senators Marleau, Jones, MacGregor, Hertel, O’Brien, Warren, Knezek, Bieda, Hood, Nofs, Ananich, Booher and Rocca introduced Senate Bill No. 113, entitled A bill to amend 1921 PA 137, entitled “An act authorizing counties of this state to contract with agencies, institutions, and hospitals licensed by the department of consumer and industry services for the aid, care, support, maintenance, treatment, cure, or relief of children,” by amending section 1 (MCL 722.501), as amended by 1996 PA 411. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senators O’Brien, Jones, MacGregor, Hertel, Warren, Knezek, Bieda, Hood, Marleau, Nofs, Ananich, Booher and Rocca introduced Senate Bill No. 114, entitled A bill to amend 1921 PA 137, entitled “An act authorizing counties of this state to contract with agencies, institutions, and hospitals licensed by the department of consumer and industry services for the aid, care, support, maintenance, treatment, cure, or relief of children,” by amending section 3 (MCL 722.503), as amended by 1996 PA 411. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senator Green introduced Senate Bill No. 115, entitled A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Booher introduced Senate Bill No. 116, entitled A bill to provide for a capital outlay program; to set forth the provisions for its implementation within the budgetary process; to make appropriations for planning and construction at state institutions and the acquisition of land; to provide for the elimination of fire hazards at the institutions; to provide for certain special maintenance, remodeling, alteration, renovation, or demolition of and additions to projects at state institutions; to provide for elimination of occupational safety and health hazards at state agencies and institutions; to provide for the award of contracts; and to provide for the expendi­ ture thereof under the supervision of the director of the department of technology, management, and budget and the state administrative board. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Booher introduced Senate Bill No. 117, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 201a (MCL 388.1801 and 388.1801a), as amended by 2014 PA 196. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Marleau introduced Senate Bill No. 118, entitled A bill to make appropriations for the department of community health for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. No. 14] [February 17, 2015] JOURNAL OF THE SENATE 153 Senator Proos introduced Senate Bill No. 119, entitled A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Hansen introduced Senate Bill No. 120, entitled A bill to make appropriations for the department of education for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Green introduced Senate Bill No. 121, entitled A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Stamas introduced Senate Bill No. 122, entitled A bill to make appropriations for the legislature, the judiciary, the executive, the department of attorney general, the depart­ ment of state, the department of treasury, the department of technology, management, and budget, the department of civil service, the department of civil rights, and certain state purposes related thereto for the fiscal year ending September 30, 2016; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Schuitmaker introduced Senate Bill No. 123, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 236a (MCL 388.1836 and 388.1836a), as amended by 2014 PA 196. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator MacGregor introduced Senate Bill No. 124, entitled A bill to make appropriations for the department of human services for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Knollenberg introduced Senate Bill No. 125, entitled A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Proos introduced Senate Bill No. 126, entitled A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. 154 JOURNAL OF THE SENATE [February 17, 2015] [No. 14 Senator Knollenberg introduced Senate Bill No. 127, entitled A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Nofs introduced Senate Bill No. 128, entitled A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Green introduced Senate Bill No. 129, entitled A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Hansen introduced Senate Bill No. 130, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2014 PA 196 and section 17b as amended by 2007 PA 137. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Nofs introduced Senate Bill No. 131, entitled A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Hansen introduced Senate Bill No. 132, entitled A bill to make appropriations for the department of transportation for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Hildenbrand introduced Senate Bill No. 133, entitled A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2016 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Hildenbrand introduced Senate Bill No. 134, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 17b, 201, and 236 (MCL 388.1611, 388.1617b, 388.1801, and 388.1836), sections 11, 201, and 236 as amended by 2014 PA 196 and section 17b as amended by 2007 PA 137. The bill was read a first and second time by title and referred to the Committee on Appropriations. No. 14] [February 17, 2015] JOURNAL OF THE SENATE 155 Senator Hildenbrand introduced Senate Bill No. 135, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Hildenbrand introduced Senate Bill No. 136, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Hildenbrand introduced Senate Bill No. 137, entitled A bill to amend 2012 PA 101, entitled “Autism coverage reimbursement act,” by amending section 8 (MCL 550.1838), as added by 2014 PA 401. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Hildenbrand introduced Senate Bill No. 138, entitled A bill to amend 1989 PA 196, entitled “An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim’s rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim’s rights services; and to prescribe the powers and duties of certain state and local agencies and departments,” by amending section 4 (MCL 780.904), as amended by 2014 PA 299. The bill was read a first and second time by title and referred to the Committee on Appropriations. By unanimous consent the Senate returned to the order of Messages from the Governor The following messages from the Governor were received and read: January 29, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Civil Rights Commission Ricardo Resio of 2235 Durham Drive, Saginaw, Michigan 48609, county of Saginaw, representing Republicans, succeeding Jared Rodriguez, is appointed for a term expiring December 31, 2018. February 10, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Dairy Marketing Program Committee Brian M. Preston of 430 S. Ray Quincy Road, Quincy, Michigan 49082, county of Branch, representing Michigan Milk Producers Association, succeeding himself, is reappointed for a term expiring December 31, 2017. Rodney O. Daniels of 8189 W. Prescott Road, Whittemore, Michigan 48770, county of Iosco, representing Michigan Milk Producers Association, succeeding Mark Halbert, is appointed for a term expiring December 31, 2017. Heather L. Wing of 15335 Wing Road, Bellevue, Michigan 49021, county of Barry, representing Michigan Milk Producers Association, succeeding Robert Kran, is appointed for a term expiring December 31, 2017. Bryan D. Hull of 10434 Vickeryville Road, Fenwick, Michigan 48834, county of Montcalm, representing Dairy Farmers of America, succeeding himself, is reappointed for a term expiring December 31, 2017. Wayne E. Rodgers of 9514 Cherry Valley Avenue, Caledonia, Michigan 49316, county of Kent, representing Dairy Farmers of America, succeeding himself, is reappointed for a term expiring December 31, 2017. February 10, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Board of Respiratory Care Veena Erinjeri of 5340 N. Dyewood Drive, Flint, Michigan 48532, county of Genesee, representing respiratory therapists, succeeding John Darin, is appointed for a term expiring December 31, 2018. 156 JOURNAL OF THE SENATE [February 17, 2015] [No. 14 Shari L. Heydenburg of 6430 Cooper Street, Jackson, Michigan 49201, county of Jackson, representing respiratory therapists, succeeding Julia Ann Prins, is appointed for a term expiring December 31, 2018. Beverly M. Cherwinski of 6962 Cherwinski Road, Vanderbilt, Michigan 49795, county of Otsego, representing the general public, succeeding herself, is reappointed for a term expiring December 31, 2018. February 10, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Soybean Promotion Committee Thomas J. Hess of 5359 Hardy Road, Vassar, Michigan 48768, county of Tuscola, representing District 5 growers, succeeding Mark Seamon, is appointed for a term expiring September 23, 2015. February 11, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Citizen-Community Emergency Response Coordinating Council Michael B. Bradley of 1554 Saint Joseph Circle, Saint Joseph, Michigan 49085, county of Berrien, succeeding himself, is reappointed for a term expiring December 31, 2018. Kenneth J. Gembel of 11031 N. Jennings Road, Clio, Michigan 48420, county of Genesee, succeeding himself, is reappointed for a term expiring December 31, 2018. Bradley A. Smith of 1149 Carleton Rockwood Road, Carleton, Michigan 48117, county of Monroe, succeeding Warren Evans, is appointed for a term expiring December 31, 2018. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 54 Senate Bill No. 55 Senate Bill No. 42 The motion prevailed. The following bill was read a third time: Senate Bill No. 54, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40104, 40112, and 48703a (MCL 324.40104, 324.40112, and 324.48703a), section 40104 as added by 1995 PA 57, section 40112 as amended by 1996 PA 316, and section 48703a as amended by 2014 PA 281. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 12 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg No. 14] [February 17, 2015] JOURNAL OF THE SENATE 157 Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 55, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec­ tion 40111c (MCL 324.40111c), as added by 2008 PA 301. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 13 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 42, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 7a, 18b, 25, 67a, 212, 259, 306, 307, 309, 310d, 310e, 312e, 312f, 319, 319b, 324, 732, 803b, and 904 (MCL 257.7a, 257.18b, 257.25, 257.67a, 257.212, 257.259, 257.306, 257.307, 257.309, 257.310d, 257.310e, 257.312e, 257.312f, 257.319, 257.319b, 257.324, 257.732, 257.803b, and 257.904), sections 7a and 212 as amended by 2002 PA 534, section 18b as added and section 67a as 158 JOURNAL OF THE SENATE [February 17, 2015] [No. 14 amended by 1988 PA 346, section 306 as amended by 2014 PA 120, section 307 as amended by 2012 PA 55, section 309 as amended by 2012 PA 355, section 310d as amended by 2004 PA 62, section 310e as amended by 2011 PA 124, sections 312e and 803b as amended by 2011 PA 159, section 312f as amended by 2012 PA 473, section 319 as amended by 2012 PA 306, section 319b as amended by 2012 PA 498, section 324 as amended by 2006 PA 298, section 732 as amended by 2012 PA 592, and section 904 as amended by 2008 PA 461, and by adding section 306a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 14 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions he question was placed on the adoption of the following resolution consent calendar: T Senate Resolution No. 14 The resolution consent calendar was adopted. enator Jones offered the following resolution: S Senate Resolution No. 14. A resolution commemorating May 2015 as Motorcycle Safety Awareness Month in the state of Michigan. Whereas, Michigan has 243,968 registered motorcycles and 484,531 individuals who have operator licenses with a motorcycle endorsement; and Whereas, The safe operation of a motorcycle requires the use of special skills developed through a combination of training and expertise, the use of good judgment, plus a thorough knowledge of traffic laws and licensing requirements; and Whereas, The use of proper protective riding apparel is an important part of a motorcycle operator’s responsibility; and Whereas, Motorcycle safety awareness promotion is a cooperative effort to decrease the number of injuries and fatalities associated with motorcycling; and Whereas, The promotion of motorcycle rider education programs available through the Michigan Department of State, including recommendations that motorcycle operators wear the proper gear in addition to driving their vehicles defensively and cautiously, is intended to reduce the number of crashes; and No. 14] [February 17, 2015] JOURNAL OF THE SENATE 159 Whereas, The emergence of spring is synonymous with the return of motorcycle mavens to our state’s roadways. Through­ out Michigan, motorcyclists have been on the cutting edge of promoting the wise and sensible use of this enjoyable mode of travel. Indeed, the disproportionate number of motorcycle fatalities makes it vitally important to encourage motor­cyclists to understand and practice the highest degree of safety. It is also important to remind other drivers that highway safety is beneficial to all parties traveling on public roadways; and Whereas, Motorcycle Safety Awareness Month encourages motorcycle operators to don proper protective riding attire; maintain their motorcycles at a high level of safe operating conditions; abide by the laws of the road; and implement operating techniques providing an additional standard of safety. Additionally, car and truck drivers are informed of the fact that motorcyclists are resuming their travels on our public roadways, and each is encouraged to be exceptionally vigilant and watchful when approaching or passing a motorcycle on the highway; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate May 2015 as Motorcycle Safety Aware­ ness Month in the state of Michigan. We encourage all of Michigan’s citizens to participate in the aims and goals of this effort. Senators Ananich, Bieda, Booher, Casperson, Green, Gregory, Hansen, Hildenbrand, Horn, Knollenberg, Kowall, Marleau, Proos, Robertson, Schmidt and Zorn were named co‑sponsors of the resolution. Statements enator Casperson moved that the statement he made on February 12 on the order of Statements be printed in the Journal. S The motion prevailed. Senator Casperson’s statement is as follows: I would like to talk briefly about Kennecott. Some of you might remember it was a mining operation looking to become operational in the Upper Peninsula. We worked on very tough legislation that Governor Granholm signed. I was there for the signing, and she said that she looked at it as the toughest legislation for underground mining in the country if not the world. I agree with Governor Granholm. I bring all this up to you because during that time and still occurring today, those who opposed the operation were making statements that Kennecott would only produce 70 jobs at best, only be in existence for seven years, and it was the wrong thing to do. As of today, Kennecott has produced 400 jobs. They have spent—and I am being conservative—around $400 mil­ lion in our community. They have also spent over $50 million in infrastructure for our roads in our region. I must emphasize, not to say I am against tax credits, but they are not the companies with the major tax credits that we are dealing with today. The biggest problem has been with these projects as we continue in the Upper Peninsula to have to ask for permission to go to work. There are other opportunities today in the Upper Peninsula just like Kennecott. They are sitting and waiting in the bullpen. I find it amazing that no one has even talked about the great impact this operation has had on our economy and the potential to come. I can only hope that the jobs provided in the U.P. will get the same appreciation as other companies in Michigan—no more, no less. We should not have to keep asking for permission to go to work. These opportunities are plentiful. We have the toughest standards in the world. One quick example would be Kennecott installed a water treatment system that cost them $10 million. They had to put holding tanks in to hold the tank for inspections, because if the water was to be outside and it rained, their water would be contaminated by the natural water. That is how clean the water is, and yet today, we still run into these problems. I can only hope that as we move forward, people start understanding the opportunities and potential the Upper Peninsula holds. I also hope that we can come together not to diminish tough standards, but to uphold them and then respect them by allowing these people to go to work. Committee Reports COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Thursday, February 12, 2015, at 10:45 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young 160 JOURNAL OF THE SENATE [February 17, 2015] [No. 14 COMMITTEE ATTENDANCE REPORT he Committee on Economic Development submitted the following: T Meeting held on Thursday, February 12, 2015, at 1:30 p.m., Room 210, Farnum Building Present: Senators Horn (C), Schmidt, Brandenburg, Stamas, Emmons and Bieda Excused: Senator Smith COMMITTEE ATTENDANCE REPORT he Subcommittee on Human Services submitted the following: T Meeting held on Thursday, February 12, 2015, at 2:00 p.m., Room 100, Farnum Building Present: Senators MacGregor (C), Proos and Gregory COMMITTEE ATTENDANCE REPORT he Subcommittee on State Police and Military Affairs submitted the following: T Joint meeting held on Tuesday, February 17, 2015, at 8:30 a.m., Rooms 402 and 403, Capitol Building Present: Senators Nofs (C), Colbeck and Knezek Scheduled Meetings Appropriations - Wednesday, February 18, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1801) Subcommittees Agriculture and Rural Development - Tuesdays, March 10, March 17, and March 24, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Community Colleges - Wednesdays, February 18 and March 25, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Community Colleges and House Community Colleges Appropriations Subcommittee - Thursday, February 26, 3:00 p.m., Lansing Community College, Arts and Sciences Building, Rooms 104-105-106, 419 N. Washington Square, Lansing (373-2768) Community Health - Tuesdays, February 24 and March 3, 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768) Corrections - Thursdays, February 19 (CANCELED), March 5, and March 26, 9:00 a.m., Room 405, Capitol Building; February 26, March 12, and March 19, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768) General Government - Thursdays, February 19, 9:15 a.m., February 26, March 5, March 12, March 19, and March 26, 8:30 a.m., Room 100, Farnum Building (373-2768) Higher Education - Thursday, February 19, 1:30 p.m., Central Michigan University, Park Library, 250 West Preston Street, Mount Pleasant; Monday, March 2, 1:30 p.m., Ferris State University, University Center, Room 203, 805 Campus Drive, Big Rapids; and Wednesday, March 18, 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Higher Education and House Higher Education Appropriations Subcommittee - Tuesday, February 24, 11:00 a.m. or later immediately following session, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Judiciary - Wednesdays, February 18 (CANCELED), February 25, March 4, March 11, March 18, and March 25, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) K-12, School Aid, Education - Wednesdays, February 18, 8:30 a.m., Room 405, Capitol Building; February 25, March 4, March 11, March 18, and March 25, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) No. 14] [February 17, 2015] JOURNAL OF THE SENATE 161 Licensing and Regulatory Affairs - Wednesday, February 18, 8:30 a.m., Room 110, Farnum Building (373-2768) State Police and Military Affairs - Thursdays, February 19 (CANCELED), February 26 (CANCELED), March 5 (CANCELED), March 12 (CANCELED), and March 26 (CANCELED), 1:00 p.m.; Tuesdays, February 24, March 3, March 10, and March 24, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursdays, February 19, March 12, March 19, March 26, 8:30 a.m.; February 26, 11:00 a.m.; and March 5, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Commerce - Wednesday, February 18, 8:30 a.m., Room 210, Farnum Building (373-5312) Economic Development - Thursday, February 19, 1:30 p.m., Room 210, Farnum Building (373-5312) Families, Seniors and Human Services - Wednesday, February 18, 3:00 p.m., Room 210, Farnum Building (373-5323) Legislative Council - Thursday, February 26, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373‑0212) Michigan Competitiveness - Wednesday, February 18, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:58 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, February 18, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 162 No. 15 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, February 18, 2015. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—excused Stamas—present Warren—present Young—present Zorn—present 164 JOURNAL OF THE SENATE [February 18, 2015] [No. 15 I mam Mika’il Stewart Saadiq of Muslim Center Mosque and Community Center of Detroit offered the following invocation: Let us seek refuge with our Creator, who is all-hearing, all-knowing of any insincere thoughts or intentions. I begin with the name of God. He is gracious and eternally beneficent. Our Lord, shower Your guidance on this humble but honorable assembly. Bless these solemn halls, and guide us to do what we have been entrusted to do. As we invoke You for this most serious business at hand, endow every seat with wisdom, focus, and critical concern for the people. Let us remember those oaths we took under Your ever-watching eye. Our Lord, we beg Your assistance in securing the safety, health, education, and wealth of these great lakes and land of this great state You have so beautifully created. Protect our children and our elderly. Let us be mindful of those less fortunate than ourselves. Let us share our talents, best practices, and opportunities with one another to maintain a strong, intelligent populace. Our Lord, let us never forget those who serve. Give them peace, and quiet their minds and hearts. Our Lord, allow us to be grateful and efficient. Give us warmth in these cold days. Let our humanity and compassion warm our hearts toward one another, and subdue the chill of hate that has reason in the hearts of a few. Let our core be conceived in justice, our words be advocates for it, and our actions yield to it. Our Lord, forgive us that we may err or be neglectful. Redeem us, and guide us right. All praise to our Creator whom we are here to serve. Ameen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senator Green be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Smith be excused from today’s session. S The motion prevailed. The following communications were received and read: Office of the Auditor General February 13, 2015 nclosed is a copy of the following audit report: E Financial audit of the Michigan Economic Development Corporation (MEDC), a discretely presented component unit of the State of Michigan, for the fiscal year ended September 30, 2014. February 13, 2015 nclosed is a copy of the following audit report: E Performance audit of the Office of Rail, Michigan Department of Transportation. Sincerely, Doug Ringler Auditor General The audit reports were referred to the Committee on Government Operations. The Secretary announced that the following House bill was received in the Senate and filed on Tuesday, February 17: House Bill No.  4068 Messages from the Governor The following message from the Governor was received and read: February 10, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Board of Athletic Trainers Mary M. Fineis of 16646 Thorngate Road, East Lansing, Michigan 48823, county of Ingham, representing the general public, succeeding Lori Ann Cartwright, is appointed for a term expiring June 30, 2019. No. 15] [February 18, 2015] JOURNAL OF THE SENATE 165 Phillip J. Adler of 115 E. Pearl Street, Greenville, Michigan 48838, county of Montcalm, representing professionals, succeeding Michael Abdenour, is appointed for a term expiring June 30, 2019. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Hildenbrand as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill: Senate Bill No. 18, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 2120a. The bill was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 19, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2014 PA 310. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 53, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1 and 5o (MCL 28.421 and 28.425o), section 1 as amended by 2014 PA 203 and section 5o as amended by 2014 PA 206. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senator Green entered the Senate Chamber. Introduction and Referral of Bills Senators Colbeck, Jones, Nofs, Horn, Shirkey, Kowall, Emmons, Marleau, Booher, Robertson, O’Brien, Green, Proos, MacGregor, Pavlov, Stamas, Knollenberg, Zorn, Hildenbrand and Brandenburg introduced Senate Bill No. 139, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1272b (MCL 380.1272b). The bill was read a first and second time by title and referred to the Committee on Education. 166 JOURNAL OF THE SENATE [February 18, 2015] [No. 15 Senators Shirkey, Horn, Knezek, Young and Ananich introduced Senate Bill No. 140, entitled A bill to amend 2008 IL 1, entitled “Michigan medical marihuana act,” by amending sections 3, 4, 6, 7, and 8 (MCL 333.26423, 333.26424, 333.26426, 333.26427, and 333.26428), sections 3, 4, and 8 as amended by 2012 PA 512 and section 6 as amended by 2012 PA 514, and by adding section 4a. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Young, Shirkey, Knezek and Ananich introduced Senate Bill No. 141, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13n of chapter XVII (MCL 777.13n), as amended by 2014 PA 279. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Knezek, Shirkey, Hune, Hertel, Gregory, Ananich and Kowall introduced Senate Bill No. 142, entitled A bill to license and regulate medical marihuana provisioning centers and safety compliance facilities; to provide for the powers and duties of certain state and local governmental officers and entities; to provide immunity for persons engaging in medical marihuana-related activities in compliance with this act; to prescribe penalties and sanctions and provide remedies; to create an advisory panel; and to require the promulgation of rules. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Knezek introduced Senate Bill No. 143, entitled A bill to require human breast milk banks, companies, and cooperatives to comply with certain standards; to provide for education and support of certain breastfeeding mothers; and to prescribe the powers and duties of certain state departments. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senator Casperson introduced Senate Bill No. 144, entitled A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 1109, 2129, and 3115 (MCL 289.1109, 289.2129, and 289.3115), sections 1109 and 2129 as amended by 2012 PA 178. The bill was read a first and second time by title and referred to the Committee on Agriculture. Senator Hune introduced Senate Bill No. 145, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4cc. The bill was read a first and second time by title and referred to the Committee on Finance. Senator Hune introduced Senate Bill No. 146, entitled A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending section 22 (MCL 287.1122), as amended by 2013 PA 8. The bill was read a first and second time by title and referred to the Committee on Agriculture. Senator Hune introduced Senate Bill No. 147, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 21517. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senator Hune introduced Senate Bill No. 148, entitled A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending sections 7 and 12 (MCL 205.427 and 205.432), section 7 as amended by 2014 PA 298 and section 12 as amended by 2014 PA 272. The bill was read a first and second time by title and referred to the Committee on Finance. No. 15] [February 18, 2015] JOURNAL OF THE SENATE 167 House Bill No. 4068, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 659 (MCL 168.659), as amended by 2014 PA 94. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Committee Reports The Committee on Education reported Senate Bill No. 69, entitled A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending sections 161, 162, and 163 (MCL 389.161, 389.162, and 389.163), as added by 2008 PA 359. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Education reported Senate Bill No. 70, entitled A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending section 164 (MCL 389.164), as added by 2008 PA 359. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Education reported Senate Bill No. 71, entitled A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending section 166 (MCL 389.166), as added by 2008 PA 359. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, February 17, 2015, at 12:00 noon, Room 110, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek 168 JOURNAL OF THE SENATE [February 18, 2015] [No. 15 The Committee on Judiciary reported Senate Bill No. 9, entitled A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending sections 7 and 7a (MCL 722.27 and 722.27a), section 7 as amended by 2005 PA 328 and section 7a as amended by 2012 PA 600. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, February 17, 2015, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca and Colbeck Excused: Senator Bieda COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Joint meeting held on Tuesday, February 17, 2015, at 10:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, February 17, 2015, at 12:30 p.m., Room 100, Farnum Building Present: Senators Zorn (C), Proos, Brandenburg, Rocca and Young COMMITTEE ATTENDANCE REPORT he Subcommittee on Natural Resources submitted the following: T Meeting held on Tuesday, February 17, 2015, at 1:00 p.m., Room 210, Farnum Building Present: Senators Green (C), Booher and Hopgood COMMITTEE ATTENDANCE REPORT he Subcommittee on Environmental Quality submitted the following: T Meeting held on Tuesday, February 17, 2015, at 1:30 p.m., Room 210, Farnum Building Present: Senators Green (C), MacGregor and Hopgood COMMITTEE ATTENDANCE REPORT he Subcommittee on Community Health submitted the following: T Meeting held on Tuesday, February 17, 2015, at 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Marleau (C), Shirkey, Hansen and Hertel COMMITTEE ATTENDANCE REPORT he Subcommittee on Agriculture and Rural Development submitted the following: T Meeting held on Tuesday, February 17, 2015, at 3:00 p.m., Rooms 402 and 403, Capitol Building Present: Senators Green (C), Stamas and Hopgood No. 15] [February 18, 2015] JOURNAL OF THE SENATE 169 Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesdays, March 10, March 17, and March 24, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Community Colleges - Wednesday, March 25, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Community Colleges and House Community Colleges Appropriations Subcommittee - Thursday, February 26, 3:00 p.m., Lansing Community College, Arts and Sciences Building, Rooms 104-105-106, 419 N. Washington Square, Lansing (373-2768) Community Health - Tuesdays, February 24 and March 3, 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768) Corrections - Thursdays, February 19 (CANCELED), March 5, and March 26, 9:00 a.m., Room 405, Capitol Building; February 26, March 12, and March 19, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768) General Government - Thursdays, February 19, 9:15 a.m., February 26, March 5, March 12, March 19, and March 26, 8:30 a.m., Room 100, Farnum Building (373-2768) Higher Education - Thursday, February 19, 1:30 p.m., Central Michigan University, Park Library, 250 West Preston Street, Mount Pleasant; Monday, March 2, 1:30 p.m., Ferris State University, University Center, Room 203, 805 Campus Drive, Big Rapids; and Wednesday, March 18, 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Higher Education and House Higher Education Appropriations Subcommittee - Tuesday, February 24, 11:00 a.m. or later immediately following session, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Judiciary - Wednesdays, February 25, March 4, March 11, March 18, and March 25, 1:00 p.m., Senate Appropria­ tions Room, 3rd Floor, Capitol Building (373-2768) K-12, School Aid, Education - Wednesdays, February 25, March 4, March 11, March 18, and March 25, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) State Police and Military Affairs - Thursdays, February 19 (CANCELED), February 26 (CANCELED), March 5 (CANCELED), March 12 (CANCELED), and March 26 (CANCELED), 1:00 p.m.; Tuesdays, February 24, March 3, March 10, and March 24, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursdays, February 19 (CANCELED), March 12, March 19, March 26, 8:30 a.m.; February 26, 11:00 a.m.; and March 5, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Economic Development - Thursday, February 19, 1:30 p.m., Room 210, Farnum Building (373-5312) Legislative Council - Thursday, February 26, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:17 a.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, February 19, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 170 No. 16 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, February 19, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 172 JOURNAL OF THE SENATE [February 19, 2015] [No. 16 astor Mark Livingston of Chester Gospel Church of Charlotte offered the following invocation: P Heavenly Father, we call it a privilege to be able to call You Father today. We humbly come before You and ask for Your guidance. Your word has told us if we trust in You and lean not on our own understanding, then all the ways that we acknowledge You will direct our paths. It also says whether we turn to the right or turn to the left, our ears will hear a voice saying, “This is the way, walk in it.” I pray today that every decision is guided by You and every direction is molded and given from You; that You would continue to strengthen this body that we know as the Michigan Senate. We are grateful to live in Michigan, even greater to live in America, and even greater to be called one nation under God. We pray these things in the name of Jesus Christ our Savior. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications The following communication was received: Wayne County Airport Authority February 16, 2015 lease find enclosed a copy of our 2014 Audited Financial Statements per the requirements of Public Act 90 of 2002. P If you have any questions, please contact me at (734) 247-6775. Sincerely, Marge Basrai, CPA, CGMA Controller The communication was referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, February 18: House Bill Nos. 4110 4112 The Secretary announced that the following bills and joint resolutions were printed and filed on Wednesday, February 18, and are available at the Michigan Legislature website: Senate Bill Nos. 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 136 137 138 139 140 141 142 143 144 145 146 147 148 House Bill Nos. 4199 4200 4201 4202 4203 4204 4205 4206 4207 4208 4209 4210 4211 4212 4213 4214 4215 4216 House Joint Resolutions H I enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. Messages from the Governor The following message from the Governor was received on February 18, 2015, and read: EXECUTIVE ORDER No. 2015-6 Department of Civil Rights Middle-Eastern American Affairs Commission Rescission of Executive Order 2013-9 WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and No. 16] [February 19, 2015] JOURNAL OF THE SENATE 173 WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor unless otherwise provided by the constitution; and WHEREAS, Michigan wishes to attract and retain top talent, and a key strategy for doing so is ensuring welcoming communities for the highly educated, business investors, and entrepreneurs from all over the world; and WHEREAS, Michigan’s growing and vibrant Middle-Eastern American communities contribute significantly to Michigan’s economy and culture; and WHEREAS, Michigan must engage leaders from all backgrounds and walks of life to participate actively and effectively in the reinvention of Michigan; and WHEREAS, on June 6, 2013, Executive Order 2013-9 was issued, establishing the Michigan Council on Arab and Chaldean American Affairs; and WHEREAS, a new and expanded structure will allow the Council to more effectively serve the interests of Michigan and its Middle-Eastern American communities; NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I.  CREATION OF THE MIDDLE-EASTERN AMERICAN AFFAIRS COMMISSION A. The Middle-Eastern American Affairs Commission (“the Commission”) is established in the Department of Civil Rights (“the Department”). B. All of the authority, powers, duties, functions, responsibilities, records, personnel, property, and unexpended balances of appropriations of the Michigan Council on Arab and Chaldean American Affairs are transferred to the Middle-Eastern Affairs Commission created by this Order. C. The Commission shall be composed of fifteen (15) members appointed by and serving at the pleasure of the Governor. Of the members initially appointed after the effective date of this order, five (5) members shall be appointed for a term of two (2) years, five (5) members shall be appointed for a term of three (3) years, and five (5) members shall be appointed for a term of four (4) years. After the initial appointments, members of the Commission shall be appointed to a term of four (4) years. D. Members of the Commission shall be individuals who have a particular interest or expertise in Middle-Eastern American concerns. E. A vacancy on the Commission occurring other than by expiration of a term shall be filled in the same manner as the original appointment for the balance of the unexpired term. F. The Director of the Office of New Americans shall serve as an ex officio, non-voting member of the Commission. G. The Governor shall designate a member of the Commission to serve as its Chairperson at the pleasure of the Governor. The Commission may designate a member of the Commission to serve as its Vice-Chairperson at the pleasure of the Commission. The Commission may elect other officers from its members as the Commission considers appropriate. H. The Commission shall be administered under the supervision of the Department. The new Commission shall exercise its prescribed powers, duties, and functions independently of the Director of the Department (“the Director”). All budgeting, procurement, and related management functions of the Commission shall be performed under the direction and supervision of the Department. II.  RESCISSION OF EXECUTIVE ORDER 2013-9 Executive Order 2013-9 is rescinded and the Michigan Council on Arab and Chaldean American Affairs is abolished. III.  CHARGE TO THE COMMISSION A. The Commission shall act in an advisory capacity to the Governor and the Director and shall do all of the following: i. Review and advise the Governor and the Director on the state’s policies concerning the Middle-Eastern American community. ii. Review and advise the Governor and the Director on the nature, magnitude, and priorities of the issues facing the Middle-Eastern American community. iii. Monitor, evaluate, investigate, and recommend programs for the betterment of the Middle-Eastern American community. iv. Analyze and recommend policies and programs to advance economic development within the Middle-Eastern American community. v. Make recommendations to the Governor and the Director regarding.changes in state programs, statutes, regulations and policies, including, but not limited to, the coordination of state programs serving Middle-Eastern Americans. vi. Recommend policy and action plans to serve the needs of Middle Eastern Americans in Michigan. vii. Recognize the history, accomplishments, and contributions of Michigan’s Middle-Eastern American community. viii. Make recommendations to the Governor and the Director regarding methods of overcoming discrimination against Middle-Eastern Americans. ix. Promote public awareness of Middle-Eastern American culture. x. Promote equal access to state services. xi. Promote the involvement of Middle-Eastern Americans in government at all levels. 174 JOURNAL OF THE SENATE [February 19, 2015] [No. 16 B. The Commission shall also provide other information or advice regarding Middle-Eastern American concerns or issues as requested by the Governor or Director. C. The Commission shall issue reports that address issues described in Section III and provide recommendations at times designated by the Governor or the Director. IV.  OPERATIONS OF THE COMMISSION A. The Commission shall be staffed and assisted by personnel from the Department as directed by the Governor. B. Members of the Commission shall serve without compensation but may receive reimbursement for necessary travel and expenses according to relevant statutes and rules and procedures of the Department, subject to available appropriations. C. Members of the Commission shall refer all legal, legislative, and media contacts to the Department. V. MISCELLANEOUS A. Any suit, action, or other proceeding lawfully commenced by or against the Council prior to the effective date of this Order shall not abate by reason of the taking effect of this Order. Any lawfully commenced suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order. B. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order. This Order shall be effective 60 days after filing of this Order. Given under my hand and the Great Seal of the State of [SEAL] Michigan this 18th day of February in the Year of Our Lord, Two Thousand and Fifteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. The following message from the Governor was received on February 18, 2015, and read: EXECUTIVE ORDER No. 2015-7 Pacific American Affairs Commission Hispanic/Latino Commission Department of Civil Rights WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that he considers necessary for efficient administration; and WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor unless otherwise provided by the constitution; and WHEREAS, there is a continued need to reorganize functions among state departments to ensure efficient administration; and WHEREAS, programs, agencies, and commissions should be placed among the principal departments on a consistent, logical basis in order to ensure the most efficient use of taxpayer dollars and to allow the state to offer more streamlined services; NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I.  PACIFIC AMERICAN AFFAIRS COMMISSION In addition to the members appointed to new Pacific American Affairs Commission under Section II.B. of Executive Reorganization Order 2009-16, the Director of the Office for New Americans or his or her designee, shall serve as a non-voting ex officio member of the Commission. II.  HISPANIC/LATINO COMMISSION In addition to the members appointed to the Hispanic Latino Commission under MCL 18.302(1), 1975 PA 164, as amended, the Director of the Office for New Americans or his or her designee, shall serve as a non-voting ex officio member of the Commission. No. 16] [February 19, 2015] JOURNAL OF THE SENATE 175 This Order shall be effective 60 days after the filing of this Order. Given under my hand and the Great Seal of the state of [SEAL] Michigan this 18th day of February, in the Year of our Lord Two Thousand Fifteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. Senator Knezek asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Knezek’s statement is as follows: This past Monday, I had the opportunity to attend an event in Rochester commemorating the 7th anniversary of the independence of Kosovo. At that event, I had the opportunity to meet a number of Albanian Americans, some born here in this country and some born overseas. What impressed me to no end and what truly moved my heart and my spirit that day were the unquestionable love, appreciation, and respect for the United States, democracy, and the rule of law that guides each and every thing that we do in this country. The people of Kosovo and the people of Albania did not always have that freedom and that ability, and the opportunity I had that evening to interact with the individuals commemorating the anniversary truly moved me. I am very lucky and very blessed to be able to introduce to you today a group of friends I met that evening. First, up in the Gallery, I would like to recognize Mr. Anton Quni. Mr. Quni was the general who led the first ranger battalion into Kosovo with NATO forces to gain their independence not so many years ago. So if we could, I would like all of you to join me in welcoming a veteran, a patriot, and a true lover of America, Mr. Anton Quni. I would be remiss if I didn’t also recognize, with him today, his friend Sokol, who has been great in helping translate throughout the course of the day. Thank you, Sokol. Also here are Mr. Zef Grabanica and my very, very dear friend from the city of Garden City, Tony Grabanica, owner of Garden City Café. Come on out for a good bite. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Johnson admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:08 a.m. 10:20 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senator Johnson introduced Bill Couzens, founder of the Next Generation Foundation and the Less Cancer campaign; Tom Petzold and Gerry Schilling, members of a bicycling organization who ride for cancer awareness; and presented them with Senate Resolution No. 10, recognizing February 4, 2015, as Cancer Prevention Day. Messrs. Couzens and Petzold responded briefly. enator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Knezek admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. 176 JOURNAL OF THE SENATE [February 19, 2015] [No. 16 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:21 a.m. 10:36 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator Young entered the Senate chamber. Messages from the House Senate Bill No. 44, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 613a (MCL 168.613a), as amended by 2011 PA 163. The House of Representatives has amended the bill as follows: 1. Amend page 1, line 2, after “the” by striking out “THIRD” and inserting “SECOND”. The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the amendment made to the bill by the House, The amendment was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 15 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Zorn Hansen Nays—1 Young Excused—0 In The Chair: President Not Voting—0 No. 16] he T The The The [February 19, 2015] JOURNAL OF THE SENATE 177 question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 45, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 641 (MCL 168.641), as amended by 2005 PA 71. The House of Representatives has amended the bill as follows: 1. Amend page 1, line 8, after the second “THE” by striking out “THIRD” and inserting “SECOND”. The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the amendment made to the bill by the House, The amendment was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 16 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Zorn Hansen Nays—1 Young Excused—0 Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 18 Senate Bill No. 19 Senate Bill No. 53 The motion prevailed. 178 JOURNAL OF THE SENATE [February 19, 2015] [No. 16 The following bill was read a third time: Senate Bill No. 18, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 2120a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 17 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 19, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2014 PA 535. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 18 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg No. 16] [February 19, 2015] JOURNAL OF THE SENATE 179 Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 53, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1 and 5o (MCL 28.421 and 28.425o), section 1 as amended by 2014 PA 203 and section 5o as amended by 2014 PA 206. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 19 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—1 Warren Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. 180 JOURNAL OF THE SENATE [February 19, 2015] [No. 16 By unanimous consent the Senate proceeded to the order of Resolutions he question was placed on the adoption of the following resolution consent calendar: T Senate Resolution No. 15 The resolution consent calendar was adopted. enator Hildenbrand offered the following resolution: S Senate Resolution No. 15. A resolution to declare February 19, 2015, as Conductive Education Day in the state of Michigan. Whereas, Conductive education (CE) was developed over sixty years ago in Hungary by Dr. András Petö; and Whereas, CE is a unique teaching system that maximizes the independence and mobility of children and adults with neuromotor disabilities, such as stroke survivors and those with cerebral palsy, multiple sclerosis, acquired brain injuries, Parkinson’s disease, and spina bifida; and Whereas, CE operates from a core belief in neuroplasticity, the lifelong ability of the brain to reorganize neural pathways based on new experiences, and on the premise that no matter how severe the disability, people can learn and improve when they are motivated; and Whereas, CE has the potential to make a significant, life-changing impact on the mobility and independence of close to 9 million people in the United States and Canada; and Whereas, CE helps individuals learn their way to independence; now, therefore, be it Resolved by the Senate, That the members of this legislative body recognize February 19, 2015, as Conductive Educa­ tion Day in the state of Michigan. We encourage support for this important program that increases the independence of people with disabilities in our community; and be it further Resolved, That a copy of this resolution be transmitted to the Association for Conductive Education in North America with our highest esteem. Senators Bieda, Booher, Brandenburg, Colbeck, Green, Hansen, Hood, Horn, Knollenberg, MacGregor, Pavlov, Proos and Zorn were named co‑sponsors of the resolution. Introduction and Referral of Bills Senators Brandenburg, Zorn, Robertson, Schmidt and Knollenberg introduced Senate Bill No. 149, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2912i. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators O’Brien, Hildenbrand, Schuitmaker, Knezek and Hune introduced Senate Bill No. 150, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406t. The bill was read a first and second time by title and referred to the Committee on Insurance. Senators Bieda, Jones, Ananich, Hertel, Schuitmaker, Hopgood, Nofs and Gregory introduced Senate Bill No. 151, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16 of chapter X (MCL 770.16), as amended by 2011 PA 212. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Robertson introduced Senate Bill No. 152, entitled A bill to amend 2004 PA 403, entitled “Michigan unarmed combat regulatory act,” by amending the title and sections 1, 10, 11, 12, 20, 21, 22, 30, 31, 33, 34, 35, 40, 41, 42, 47, 48, 55, 57, and 58 (MCL 338.3601, 338.3610, 338.3611, 338.3612, 338.3620, 338.3621, 338.3622, 338.3630, 338.3631, 338.3633, 338.3634, 338.3635, 338.3640, 338.3641, No. 16] [February 19, 2015] JOURNAL OF THE SENATE 181 338.3642, 338.3647, 338.3648, 338.3655, 338.3657, and 338.3658), sections 1, 10, 11, 12, 21, 31, 34, 35, 47, 48, 55, 57, and 58 as amended by 2007 PA 196, sections 20 and 33 as amended by 2012 PA 546, and section 22 as amended by 2010 PA 100, and by adding sections 33a, 33b, 33c, 33d, 49, 49a, and 54a; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. House Bill No. 4110, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 147d, 201, and 236 (MCL 388.1611, 388.1611m, 388.1618, 388.1622a, 388.1622b, 388.1651a, 388.1651c, 388.1747c, 388.1747d, 388.1801, and 388.1836), sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 201, and 236 as amended and section 147d as added by 2014 PA 476; and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4112, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies and for capital outlay for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. Committee Reports The Committee on Finance reported Senate Bill No. 81, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2014 PA 40. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Finance reported Senate Bill No. 86, entitled A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending section 518 (MCL 141.2518), as amended by 2014 PA 297. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Finance submitted the following: T Meeting held on Tuesday, February 17, 2015, at 2:30 p.m., Room 210, Farnum Building Present: Senators Brandenburg (C), Robertson, Knollenberg, Casperson, Proos, Bieda and Warren 182 JOURNAL OF THE SENATE [February 19, 2015] [No. 16 COMMITTEE ATTENDANCE REPORT he Committee on Commerce submitted the following: T Meeting held on Wednesday, February 18, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Schmidt (C), Kowall, MacGregor, Nofs and Hertel COMMITTEE ATTENDANCE REPORT he Subcommittee on K-12, School Aid, Education submitted the following: T Meeting held on Wednesday, February 18, 2015, at 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hansen (C), Pavlov and Hopgood COMMITTEE ATTENDANCE REPORT he Committee on Michigan Competitiveness submitted the following: T Meeting held on Wednesday, February 18, 2015, at 8:30 a.m., Rooms 402 and 403, Capitol Building Present: Senators Shirkey (C), Stamas and Warren Excused: Senators Robertson and Proos COMMITTEE ATTENDANCE REPORT he Subcommittee on Community Colleges submitted the following: T Meeting held on Wednesday, February 18, 2015, at 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Booher (C) and Knezek Excused: Senator Schuitmaker COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, February 18, 2015, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young COMMITTEE ATTENDANCE REPORT he Committee on Families, Seniors and Human Services submitted the following: T Meeting held on Wednesday, February 18, 2015, at 3:00 p.m., Room 210, Farnum Building Present: Senators Emmons (C), Pavlov, Jones and Johnson Excused: Senator Casperson Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesdays, March 10, March 17, and March 24, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Community Colleges - Wednesday, March 25, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Community Colleges and House Community Colleges Appropriations Subcommittee - Thursday, February 26, 3:00 p.m., Lansing Community College, Arts and Sciences Building, Rooms 104-105-106, 419 N. Washington Square, Lansing (373-2768) No. 16] [February 19, 2015] JOURNAL OF THE SENATE 183 Community Health - Tuesdays, February 24 and March 3, 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768) Corrections - Thursdays, March 5 and March 26, 9:00 a.m., Room 405, Capitol Building; February 26, March 12, and March 19, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768) General Government - Thursdays, February 26, March 5, March 12, March 19, and March 26, 8:30 a.m., Room 100, Farnum Building (373-2768) Higher Education - Monday, March 2, 1:30 p.m., Ferris State University, University Center, Room 203, 805 Campus Drive, Big Rapids; and Wednesday, March 18, 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Higher Education and House Higher Education Appropriations Subcommittee - Tuesday, February 24, 11:00 a.m. or later immediately following session, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Judiciary - Wednesdays, February 25, March 4, March 11, March 18, and March 25, 1:00 p.m., Senate Appropria­ tions Room, 3rd Floor, Capitol Building (373-2768) K-12, School Aid, Education - Wednesdays, February 25, March 4, March 11, March 18, and March 25, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) State Police and Military Affairs - Thursdays, February 26 (CANCELED), March 5 (CANCELED), March 12 (CANCELED), and March 26 (CANCELED), 1:00 p.m.; Tuesdays, February 24, March 3, March 10, and March 24, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursdays, March 12, March 19, March 26, 8:30 a.m.; February 26, 11:00 a.m.; and March 5, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Legislative Council - Thursday, February 26, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:50 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, February 24, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 184 No. 17 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, February 24, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—excused Zorn—present 186 JOURNAL OF THE SENATE [February 24, 2015] [No. 17 everend Shaun J. Overstreet-Gardner of Hartford Memorial Baptist Church of Detroit offered the following invocation: R O Heavenly Father, who art in heaven, hallowed be Thy name. You are great, so wonderful, and You are so good. You are Elohim, our Creator, the Maker and Ruler of heaven and earth. You are the Alpha and the Omega, the beginning and the end. You are light, power, purpose, and preeminent amazing grace. In all things and through all things, You are our shepherd. You are God Most High. You are the Holy God of Israel. You are the exalted one. You are the God of all peace, shalom. You are the Lord God, high and lifted up. You are our healer, strong tower, and protector. You, O God, are our refuge, our hope, and our Redeemer. You are God and You are God all by Yourself and we bless You on this morning. Lord, we confess that we have fallen short. We have failed at times, O God, to love You with all of our hearts, souls, and minds. We have fallen short in loving our neighbors as ourselves. We ask, O God, that You would forgive us our sins. The prophet Micah poses a question: Who is a God like You who pardons sin and forgives the transgressions of the remnant of His inheritance? You do not stay angry forever, but delight to show mercy. You admonish us in the book of Chronicles that reads: “If my people, who are called by my name, will humble themselves and pray and seek my face and turn from their wicked ways, then I will hear from heaven and will forgive their sins and heal their land.” We do repent today, Lord God. We do ask for Your forgiveness of sin, O Lord. Set our feet on a level path today, and be with us in a mighty way as only You can. It is the people of God, O Lord, who made their way to the polls with a confidence and a hope that elected represen­ tatives before me today might embrace fully and completely the tenets of fairness and liberty and of justice to be the hallmark and fundamental principles to be pursued and practiced in all opportunities today. We ask, O Lord, that You would bless each man and each woman here today. Bless them here with peace, wisdom, understanding, knowledge, and insight. Bless them that they might be judicious in their dealings regarding Your people, O God. May they execute their considerable power with a passion and understanding of and for the people they represent. May they hold fast and dear the passionate proclamation of God in the book of Amos: “Let justice run down like water and righteousness like a mighty stream.” O God, we seek Your face right now. May Your Holy Spirit prevail and tarry in this place that we might be inspired, motivated, and consecrated to move about in this sacred space with humility and honor. May everything we do and everything we say be pleasing to You, O God. May we be persuaded by Your Spirit to do good as we represent those whom You have put into our care. Come into this place, O God; You are welcome here. Bless our families, dear God. Bless the United States of America, dear God. Bless the world, O Lord, as if it is Thy will. Fill us with all righteousness and love to one and to the other, that we might diligently serve You in bringing about the peace of God and the love of His Son Jesus Christ, to heal our land and bridge the differences that seek to divide us. We thank You, O God, and we praise You, O God, and thank You for Your mighty presence here today. We will be careful to always give You the honor and glory that You so richly deserve. It is in the name of Jesus that I offer this prayer. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications The following communications were received and read: Office of the Auditor General February 18, 2015 nclosed is a copy of the following audit report: E Performance audit of the Marquette Branch Prison, Department of Corrections. February 18, 2015 nclosed is a copy of the following audit report: E Michigan Legislature’s Combined Schedule of Sources and Disposition of General Fund Authorizations with Supplemental Schedules, from Plante Moran, for the years ended September 30, 2014 and 2013. February 20, 2015 nclosed is a copy of the following audit report: E Performance audit of the Oversight of Health Professions, Bureau of Health Care Services, Department of Licensing and Regulatory Affairs. No. 17] [February 24, 2015] JOURNAL OF THE SENATE 187 February 20, 2015 nclosed is a copy of the following audit report: E Performance audit of the Monitoring of Warranties and Road and Bridge Construction Projects, Michigan Department of Transportation. Sincerely, Doug Ringler Auditor General The audit reports were referred to the Committee on Government Operations. The following communications were received: Department of State Administrative Rules Notices of Filing January 8, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-051-LR (Secretary of State Filing #15-01-12) on this date at 3:15 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 1. General Provisions.” These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. January 8, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-053-LR (Secretary of State Filing #15-01-13) on this date at 3:15 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Michigan Administrative Hearing System.” These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. January 8, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-054-TB (Secretary of State Filing #15-01-14) on this date at 3:15 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Michigan Administrative Hearing System.” These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. January 8, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-055-ED (Secretary of State Filing #15-01-15) on this date at 3:16 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Michigan Administrative Hearing System.” These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. January 8, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-056-LR (Secretary of State Filing #15-01-16) on this date at 3:16 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Due Process Procedures for Special Education Hearings.” 188 JOURNAL OF THE SENATE [February 24, 2015] [No. 17 These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The following communication was received: Civil Service Commission February 19, 2015 nclosed is the Fiscal Analysis Report for the Civil Service Commission for fiscal year 2014. E This report is provided in accordance with Article XI, Section 5 of the Constitution of the State of Michigan. Sincerely, Matthew Fedorchuk Acting State Personnel Director The communication was referred to the Secretary for record. The Secretary announced that pursuant to Rule 2.109 of the Standing Rules of the Senate, the following expense reports have been filed with the Secretary of the Senate for the quarter from October 1, 2014 through December 31, 2014, and are available in the Secretary’s office during business hours for public inspection: Committee Agriculture Appropriations Banking and Financial Institutions Compliance and Accountability Economic Development Education Energy and Technology Families, Seniors and Human Services Finance Government Operations Health Policy Infrastructure Modernization Insurance Judiciary Local Government and Elections Natural Resources, Environment and Great Lakes Outdoor Recreation and Tourism Redistricting Reforms, Restructuring and Reinventing Regulatory Reform Transportation Veterans, Military Affairs and Homeland Security Chairperson Senator Joe Hune Senator Roger Kahn Senator Darwin Booher Senator Arlan Meekhof Senator Mike Kowall Senator Phil Pavlov Senator Mike Nofs Senator Judy Emmons Senator Jack Brandenburg Senator Randy Richardville Senator Jim Marleau Senator Roger Kahn Senator Joe Hune Senator Rick Jones Senator David Robertson Senator Tom Casperson Senator Goeff Hansen Senator Joe Hune Senator Mark Jansen Senator Tory Rocca Senator Tom Casperson Senator John Moolenaar The Secretary announced that the following House bills were received in the Senate and filed on Thursday, February 19: House Bill Nos. 4119 4120 The Secretary announced the enrollment printing and presentation to the Governor on Thursday, February 19, for his approval the following bills: Enrolled Senate Bill No. 44 at 3:00 p.m. Enrolled Senate Bill No. 45 at 3:02 p.m. The Secretary announced that the following bills were printed and filed on Thursday, February 19, and are available at the Michigan Legislature website: Senate Bill Nos. 149 150 151 152 House Bill Nos. 4217 4218 4219 4220 4221 4222 No. 17] [February 24, 2015] JOURNAL OF THE SENATE 189 The Secretary announced that the following bills were printed and filed on Friday, February 20, and are available at the Michigan Legislature website: House Bill Nos. 4223 4224 enator Hood moved that Senator Young be excused from today’s session. S The motion prevailed. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:08 a.m. 10:57 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. Messages from the Governor The following messages from the Governor were received: Date: February 19, 2015 Time: 3:34 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 44 (Public Act No. 1), being An act to amend 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending section 613a (MCL 168.613a), as amended by 2011 PA 163. (Filed with the Secretary of State on February 20, 2015, at 10:58 a.m.) Date: February 19, 2015 Time: 3:36 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 45 (Public Act No. 2), being An act to amend 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending section 641 (MCL 168.641), as amended by 2005 PA 71. (Filed with the Secretary of State on February 20, 2015, at 11:00 a.m.) Respectfully, Rick Snyder Governor 190 JOURNAL OF THE SENATE [February 24, 2015] [No. 17 The following messages from the Governor were received and read: February 11, 2015 I respectfully submit to the Senate the following appointments to office: State Construction Code Commission William R. Benoit, Jr., of 3341 Stormy Creek Drive, S.E., Kentwood, Michigan 49512, county of Kent, representing municipal building inspectors, succeeding himself, is reappointed for a term expiring January 31, 2019. Thomas E. Baldwin of 397 Arbor Ridge Road, Benton Harbor, Michigan 49022, county of Berrien, representing municipal building inspectors, succeeding himself, is reappointed for a term expiring January 31, 2019. Matthew J. Reno of 10720 Dice Road, Saginaw, Michigan 48623, county of Saginaw, representing municipal building inspectors, succeeding himself, is reappointed for a term expiring January 31, 2019. Frederick F. Butters of 21738 Fairway Drive, Southfield, Michigan 48034, county of Oakland, representing architects, succeeding himself, is reappointed for a term expiring January 31, 2019. Roger E. Papineau of 1901 Beulah Highway, Beulah, Michigan 49617, county of Benzie, representing residential builders, succeeding himself, is reappointed for a term expiring January 31, 2019. Donald V. Staley of 350 Sagamore Trail, Lowell, Michigan 49331, county of Kent, representing industrial management, succeeding himself, is reappointed for a term expiring January 31, 2019. William E. Duffield of 6522 Knollwood Circle East, West Bloomfield, Michigan 48322, county of Oakland, representing premanufactured buildings, succeeding himself, is reappointed for a term expiring January 31, 2019. Joseph E. Sucher of 730 S. Oxford Drive, Grosse Pointe Woods, Michigan 48236, county of Wayne, representing the general public, succeeding Jack Lewis, is appointed for a term expiring January 31, 2016. James Cripps of 2216 West Main Street, Kalamazoo, Michigan 49006, county of Kalamazoo, representing the field of building contracting, filling a vacancy, is appointed for a term expiring January 31, 2019. February 13, 2015 I respectfully submit to the Senate the following appointment to office: Board of Barber Examiners Micaela A. Reardon of 20808 Marter Road, Grosse Pointe Woods, Michigan 48236, county of Wayne, representing the general public, succeeding James VanDyken, is appointed for a term expiring September 30, 2017. February 13, 2015 I respectfully submit to the Senate the following appointments to office: State Historic Preservation Review Board Kemba S. Braynon of 1709 Collegewood Drive, Ypsilanti, Michigan 48144, county of Washtenaw, representing historical architectural history, succeeding Lynn Evans, is appointed for a term expiring December 31, 2018. Sally L. Bund of 3215 W. Dobson Place, Ann Arbor, Michigan 48105, county of Washtenaw, representing historic restoration, succeeding Richard Harms, is appointed for a term expiring December 31, 2018. February 13, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Indigent Defense Commission John A. Shea of 13787 Waterloo Road, Chelsea, Michigan 48818, county of Washtenaw, representing members submitted by the Criminal Defense Attorneys Association of Michigan, succeeding Kimberly Thomas, is appointed for a term expiring April 1, 2016. February 17, 2015 I respectfully submit to the Senate the following appointments to office: Chair - Advisory Council on Deaf, Deafblind and Hard of Hearing Jill A. Gaus of 3123 Catalpa Drive, Jackson, Michigan 49203, county of Jackson, succeeding Melissa Whalen, is appointed for a term expiring at the pleasure of the Governor. dvisory Council on Deaf, Deafblind and Hard of Hearing A Jill A. Gaus of 3123 Catalpa Drive, Jackson, Michigan 49203, county of Jackson, representing deaf or hard of hearing, succeeding Odessa Carter, is appointed for a term expiring January 18, 2018. Elizabeth G. Bystrycki of 1191 108th Avenue, Otsego, Michigan 49078, county of Allegan, representing deaf or hard of hearing, succeeding Jamie Maes-Eischen, is appointed for a term expiring January 18, 2018. Miriam Horwitz of 10054 Kingston Avenue, Huntington Woods, Michigan 48070, county of Wayne, representing indi­ viduals knowledgeable in the field of deafness, succeeding Laura Scott, is appointed for a term expiring January 18, 2018. Jeannette Johnson of 4761 Countryside Drive, N.E., Grand Rapids, Michigan 49525, county of Kent, representing deaf or hard of hearing, succeeding Brenda Neubeck, is appointed for a term expiring January 18, 2018. No. 17] [February 24, 2015] JOURNAL OF THE SENATE 191 February 17, 2015 I respectfully submit to the Senate the following appointments to office: Mental Health Diversion Council Brian Calley of 10198 Butler Road, Portland, Michigan 48875, county of Ionia, representing the Lieutenant Governor, succeeding himself, is reappointed for a term expiring January 30, 2019. Lynda M. Zeller of 2314 East Libbie Street, Lansing, Michigan 48917, county of Eaton, representing designee of the Department of Community Health, succeeding herself, is reappointed for a term expiring January 30, 2019. Joanne R. Sheldon of 4430 N. Lake Road, Clarklake, Michigan 49234, county of Jackson, designee of the Department of Corrections, succeeding herself, is reappointed for a term expiring January 30, 2019. Anthony M. Wickersham of 46292 Lookout Drive, Macomb, Michigan 48044, county of Macomb, representing county sheriffs, succeeding himself, is reappointed for a term expiring January 30, 2019. February 17, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Veterans Trust Fund Board of Trustees Brandi McBride of 3886 Sunbrook Court, Hudsonville, Michigan 49426, county of Ottawa, representing veterans, succeed­ ing herself, is reappointed for a term expiring February 25, 2018. John E. James of 31525 Franklin Fairway Street, Farmington Hills, Michigan 48334, county of Oakland, representing veterans, succeeding himself, is reappointed for a term expiring February 25, 2018. February 19, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Commission of Agriculture and Rural Development Robert Kennedy of 7710 S. Chapin Road, St. Charles, Michigan 48655, county of Saginaw, representing Republicans, succeeding himself, is reappointed for a term expiring December 31, 2018. Diane M. Hanson of 3595 26th Road, Cornell, Michigan 49818, county of Delta, representing Independents, succeeding herself, is reappointed for a term expiring December 31, 2018. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Colbeck as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and with amendment, the following bill: Senate Bill No. 69, entitled A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending sections 161, 162, and 163 (MCL 389.161, 389.162, and 389.163), as added by 2008 PA 359. The following is the amendment recommended by the Committee of the Whole: 1. Amend page 7, line 20, by striking out all of enacting section 1 and renumbering the remaining enacting section. The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill: Senate Bill No. 70, entitled A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending section 164 (MCL 389.164), as added by 2008 PA 359. The following is the amendment recommended by the Committee of the Whole: 1. Amend page 8, line 14, by striking out all of enacting section 1 and renumbering the remaining enacting section. The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. 192 JOURNAL OF THE SENATE [February 24, 2015] [No. 17 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 71, entitled A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending section 166 (MCL 389.166), as added by 2008 PA 359. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. Resolutions enator Hood moved that Senator Warren be excused from the balance of today’s session. S The motion prevailed. enator Kowall offered the following resolution: S Senate Resolution No. 16. A resolution to memorialize the President of the United States, the U.S. Congress, and the U.S. Federal Communications Commission to refrain from regulating broadband Internet services as common carrier services under Title II of the Com­ munications Act of 1934. Whereas, Due in large part to the unregulated efforts of private enterprise over nearly the past 30 years, the development of the Internet has dramatically transformed the way Michigan citizens work, live, and learn. The deployment of efficient, fast, and reliable broadband networks across Michigan has created thousands of jobs and economic benefits for local econo­ mies. The Internet has also revolutionized and enhanced our ability to communicate near and far; and Whereas, In order to encourage the growth and development of the Internet, the Federal Communications Commission (FCC) has historically followed a policy to refrain from regulating broadband Internet services as common carrier services under Title II of the Communications Act of 1934. As a result, the United States has been at the forefront of technological, business, and social innovation on the Internet; and Whereas, The FCC will meet on February 26, 2015, and vote on rules that would reclassify Internet service as a telecom­ munications, not information, service. This change and associated rules would allow the FCC to regulate Internet service more stringently, essentially like that of a public utility; and Whereas, It is the judgment of this legislative body that using monopoly-era provisions of Title II of the Communications Act of 1934 to regulate the Internet will slow investment in Michigan’s broadband Internet infrastructure and jeopardize future job growth; now, therefore, be it Resolved by the Senate, That we memorialize the President of the United States, the U.S. Congress, and the U.S. Federal Communications Commission to refrain from regulating broadband Internet services as common carrier services under Title II of the Communications Act of 1934; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the U.S. Senate, the Speaker of the U.S. House of Representatives, the members of the Michigan congressional delegation, and the commis­ sioners of the U.S. Federal Communications Commission. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Commerce. The motion prevailed. Senators Booher, Casperson, Colbeck, Hansen, Horn, Jones, Knollenberg, Pavlov, Proos and Schmidt were named co‑sponsors of the resolution. Introduction and Referral of Bills Senators Schmidt, Marleau, Proos, Nofs and Hansen introduced Senate Bill No. 153, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 625a and 625c (MCL 257.625a and 257.625c), as amended by 2014 PA 315. The bill was read a first and second time by title and referred to the Committee on Judiciary. No. 17] [February 24, 2015] JOURNAL OF THE SENATE 193 Senator Robertson introduced Senate Bill No. 154, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2010 PA 317. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Gregory, Hood, Knezek, Hertel, Ananich, Hopgood, Bieda, Proos, Nofs, Johnson, Green, Jones, Zorn, Smith, Rocca, Warren, Young and Hildenbrand introduced Senate Bill No. 155, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 672. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Bieda, Gregory, Hopgood, Knezek, Hertel, Johnson, Young, Ananich, Warren, Smith, Hood and Brandenburg introduced Senate Bill No. 156, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2946 (MCL 600.2946), as amended by 1995 PA 249. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Hertel, Hansen, Rocca, Hune and Young introduced Senate Bill No. 157, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1 (MCL 205.51), as amended by 2013 PA 160. The bill was read a first and second time by title and referred to the Committee on Finance. House Bill No. 4119, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4012 (MCL 600.4012), as amended by 2012 PA 304. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Commerce. House Bill No. 4120, entitled A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 7 (MCL 408.477), as amended by 2012 PA 30. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Commerce. Committee Reports COMMITTEE ATTENDANCE REPORT he Subcommittee on Licensing and Regulatory Affairs submitted the following: T Meeting held on Wednesday, February 18, 2015, at 8:30 a.m., Room 110, Farnum Building Present: Senators Knollenberg (C), Marleau and Young COMMITTEE ATTENDANCE REPORT he Subcommittee on General Government submitted the following: T Meeting held on Thursday, February 19, 2015, at 9:15 a.m., Room 110, Farnum Building Present: Senators Stamas (C), Nofs, Booher and Young 194 JOURNAL OF THE SENATE [February 24, 2015] [No. 17 COMMITTEE ATTENDANCE REPORT he Committee on Economic Development submitted the following: T Meeting held on Thursday, February 19, 2015, at 1:30 p.m., Room 210, Farnum Building Present: Senators Horn (C), Schmidt, Brandenburg and Stamas Excused: Senators Emmons, Smith and Bieda COMMITTEE ATTENDANCE REPORT he Subcommittee on Higher Education submitted the following: T Meeting held on Thursday, February, 19, 2015, at 1:30 p.m., Central Michigan University, Park Library, 250 West Preston Street, Mount Pleasant Present: Senators Schuitmaker (C), MacGregor and Hertel Scheduled Meetings Appropriations - Wednesday, February 25, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1801) Subcommittees Agriculture and Rural Development - Tuesdays, March 10, March 17, and March 24, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Capital Outlay - Wednesday, February 25, 4:00 p.m. or later immediately after committees are given leave by the House to meet, Room 352, Capitol Building (373-8080) Community Colleges - Wednesday, March 25, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Community Colleges and House Community Colleges Appropriations Subcommittee - Thursday, February 26, 3:00 p.m., Lansing Community College, Arts and Sciences Building, Rooms 104-105-106, 419 N. Washington Square, Lansing (373-2768) Community Health - Tuesday, March 3, 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768) Community Health, Human Services, House Human Services and House Community Health Appropriations Subcommittees - Thursday, February 26, 2:00 p.m., House Appropriations Room, 3rd Floor, Capitol Building (373-2768) Corrections - Thursdays, February 26, 9:00 a.m., Rooms 402 and 403, Capitol Building; March 5 and March 26, Room 405, Capitol Building; March 12 and March 19, Senate Hearing Room, Ground Floor, Boji Tower (373-2768) Environmental Quality - Tuesdays, March 3 (CANCELED), March 10, March 17 and March 24, 1:30 p.m., Room 210, Farnum Building (373-2768) General Government - Thursdays, February 26, March 5, March 12, March 19, and March 26, 8:30 a.m., Room 100, Farnum Building (373-2768) Higher Education - Monday, March 2, 1:30 p.m., Ferris State University, University Center, Room 203, 805 Campus Drive, Big Rapids; and Wednesday, March 18, 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Build­ing (373-2768) Human Services - Thursday, February 26, 1:00 p.m., Room 100, Farnum Building (373-2768) Judiciary - Wednesdays, February 25, March 4, March 11, March 18, and March 25, 1:00 p.m., Senate Appropria­ tions Room, 3rd Floor, Capitol Building (373-2768) K-12, School Aid, Education - Wednesdays, February 25, March 4, March 11, March 18, and March 25, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Licensing and Regulatory Affairs - Wednesday, February 25, 8:30 a.m., Room 110, Farnum Building (373-2768) Natural Resources - Tuesdays, March 3 (CANCELED), March 10, March 17, and March 24, 1:00 p.m., Room 210, Farnum Building (373-2768) No. 17] [February 24, 2015] JOURNAL OF THE SENATE 195 State Police and Military Affairs - Thursdays, February 26 (CANCELED), March 5 (CANCELED), March 12 (CANCELED), and March 26 (CANCELED), 1:00 p.m.; Tuesdays, March 3, March 10, and March 24, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursdays, February 26, 11:00 a.m.; March 5, 9:00 a.m.; March 12, March 19, and March 26, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Commerce - Wednesday, February 25, 8:30 a.m., Room 210, Farnum Building (373-5312) Families, Seniors and Human Services - Wednesday, February 25, 3:00 p.m., Room 210, Farnum Building (373-5323) Legislative Council - Thursday, February 26, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212) Transportation - Thursday, February 26, 8:30 a.m., Room 210, Farnum Building (373-5323) Veterans, Military Affairs and Homeland Security - Thursday, February 26, 2:00 p.m., Room 110, Farnum Building (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:07 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, February 25, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 196 No. 18 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, February 25, 2015. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—excused Zorn—present 198 JOURNAL OF THE SENATE [February 25, 2015] [No. 18 Pastor Chuck Gaidica of Oakpointe Church of Northville offered the following invocation: Father God, thank You for this day. Yes, thank You even for the cold air and every breath we take this morning. You are a gracious God. We ask You to send Your Holy Spirit to be with each of us, and lead us in a community that actively demon­ strates Your power, Your patience, and Your kindness. God, help us to be a living testimony to our friends, our spouses, our neighbors, and our children. We ask for illumination of Your word and for the issues of the day. We humbly admit that we need a more steady hand to guide us. Bless our differences. Help us to get past them, and reinforce our courage to stand together in difficult times and in the best of times. It is promised that where two or more are gathered in Your name that You are present. Lead us to know You personally. Lead us to glorify You in every step we take. In the name of Jesus, help us to understand that individually and collectively the ordinary men and women of this body can accomplish extraordinary things when they seek Your wisdom and grace. Lord, we ask that You bless this body of servants. We pray for them, their families, and the great state of Michigan. Father God, please accept our praises and our prayers this Wednesday morning. In Your name, we pray. Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications The following communications were received: Department of State Administrative Rules Notices of Filing January 8, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-057-CO (Secretary of State Filing #15-01-17) on this date at 3:16 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Michigan Administrative Hearing System.” These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. January 8, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-126-LR (Secretary of State Filing #15-01-21) on this date at 3:16 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 4. Hearings and Appeals.” These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. January 8, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-125-TP (Secretary of State Filing #15-01-20) on this date at 3:16 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Driveways, Banners, and Parades on and Over Highways.” These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. January 8, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-124-LR (Secretary of State Filing #15-01-19) on this date at 3:16 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Michigan Administrative Hearing System.” These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. No. 18] [February 25, 2015] JOURNAL OF THE SENATE 199 January 8, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-059-LR (Secretary of State Filing #15-01-18) on this date at 3:16 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Certificate of Need Hearing Procedures.” These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. enator Kowall moved that Senators Brandenburg and Casperson be temporarily excused from today’s session. S The motion prevailed. enator Smith moved that Senator Johnson be temporarily excused from today’s session. S The motion prevailed. enator Smith moved that Senator Young be excused from today’s session. S The motion prevailed. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator Casperson entered the Senate Chamber. Senators Bieda and Warren introduced Senate Bill No. 158, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by amending the heading of chapter 5 of article II and by adding part 162. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Hertel and Warren introduced Senate Bill No. 159, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16221b. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators Booher, Smith and Johnson introduced Senate Bill No. 160, entitled A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 36a (MCL 117.36a), as amended by 2011 PA 143. The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. Senators Booher and Johnson introduced Senate Bill No. 161, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 103, 316, and 2404b (MCL 339.103, 339.316, and 339.2404b), section 103 as amended by 1994 PA 257, section 316 as amended by 1998 PA 90, and section 2404b as amended by 2014 PA 175, and by adding article 14A; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. 200 JOURNAL OF THE SENATE [February 25, 2015] [No. 18 Senators Booher and Johnson introduced Senate Bill No. 162, entitled A bill to amend 1968 PA 330, entitled “Private security business and security alarm act,” by amending the title and sections 2, 3, 4, 5, 6, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 22, 25, 26, 29, 31, and 33 (MCL 338.1052, 338.1053, 338.1054, 338.1055, 338.1056, 338.1058, 338.1059, 338.1060, 338.1061, 338.1063, 338.1064, 338.1065, 338.1066, 338.1067, 338.1068, 338.1072, 338.1075, 338.1076, 338.1079, 338.1081, and 338.1083), the title and sections 3, 4, 8, 14, 17, 25, and 29 as amended by 2010 PA 68, section 2 as amended by 2012 PA 581, sections 6 and 9 as amended by 2014 PA 128, sections 10, 13, 18, and 31 as amended by 2002 PA 473, section 11 as amended by 2004 PA 270, and sections 22 and 33 as amended by 2000 PA 411, and by adding section 15a; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Booher and Johnson introduced Senate Bill No. 163, entitled A bill to amend 2012 PA 580, entitled “Security alarm systems act,” by amending section 2 (MCL 338.2182). The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Johnson and Booher introduced Senate Bill No. 164, entitled A bill to amend 1979 PA 152, entitled “State license fee act,” (MCL 338.2201 to 338.2277) by adding section 33. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 69 Senate Bill No. 70 Senate Bill No. 71 The motion prevailed. Senators Brandenburg and Johnson entered the Senate Chamber. The following bill was read a third time: Senate Bill No. 69, entitled A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending sections 161, 162, and 163 (MCL 389.161, 389.162, and 389.163), as added by 2008 PA 359. The question being on the passage of the bill, Senator Hopgood offered the following amendments: 1. Amend page 3, line 15, after “rate” by striking out the balance of the line through “PROJECT” on line 17. 2. Amend page 4, following line 17, by inserting: “(F) SHALL INCLUDE THE EMPLOYER’S AGREEMENT THAT, AS LONG AS THE AGREEMENT REMAINS IN EFFECT, THE WAGE PAID TO AN EMPLOYEE OF THE EMPLOYER IN A NEW JOB SHALL EQUAL OR EXCEED 175% OF THE STATE MINIMUM WAGE.” and relettering the remaining subdivisions. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 20 Yeas—11 Ananich Hertel Johnson Smith Bieda Hood Knezek Warren Gregory Hopgood Rocca No. 18] [February 25, 2015] JOURNAL OF THE SENATE 201 Nays—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Excused—1 Young Not Voting—0 In The Chair: Schuitmaker Senator Stamas offered the following amendment: 1. Amend page 6, following line 11, by inserting: “(F) FOR AN AGREEMENT ENTERED INTO AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBDIVISION, THAT THE EMPLOYER SHALL NOT CLAIM A TAX CREDIT UNDER SECTION 431 OF THE MICHIGAN BUSINESS TAX ACT, 2007 PA 36, MCL 208.1431.” and relettering the remaining subdivision. The amendment was adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 21 Yeas—35 Ananich Hansen Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Zorn Gregory Knollenberg Robertson Nays—1 Hopgood Excused—1 Young 202 JOURNAL OF THE SENATE [February 25, 2015] [No. 18 Not Voting—1 Hertel In The Chair: Schuitmaker The Senate agreed to the title of the bill. Senator Hopgood asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Hopgood’s statement is as follows: I rise to offer an amendment to Senate Bill No. 69 before us that will bring the intent of the bill back to current law. I’m going to support this bill and I want to, but I believe we need to improve it. I do support the Michigan Jobs Training Program and its efforts to connect community colleges, employees, and employers for training and education. The intent of current law is to support good-paying jobs. The bipartisan package that was passed in 2008 to establish this program required that employees be paid 175 percent of minimum wage. This bill establishes that minimum wage referenced in the law is the minimum wage that is in place when the agreement is executed by the community college and the employer. My amendment, instead, would tie the pay to whatever the current minimum wage is, not retroactive, so that as the minimum wage increases, so does the workers’ pay. The recent progress Michigan has made on raising the state minimum wage shows that we all agree, Democrat and Republican, that our workers deserve a better wage. That belief shouldn’t change in this context. We should all be fighting to make sure that our workers are receiving a fair wage, and passing this amendment will do just that. These agreements are mutually beneficial to community colleges, businesses, and our workers. In order to do that, the minimum wage should keep up with the times, or these workers are going to be put at a disadvantage. That’s the exact opposite of what this program is trying do. As the minimum wage increases, these workers’ wages should not be left behind. This amendment would mean more money for our workers, and our community colleges and businesses will continue to benefit and receive good, quality work from trainees. I would like all my colleagues to stand up for our workers and support this amendment. The following bill was read a third time: Senate Bill No. 70, entitled A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending section 164 (MCL 389.164), as added by 2008 PA 359. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 22 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Zorn Hansen Nays—0 No. 18] [February 25, 2015] JOURNAL OF THE SENATE 203 Excused—1 Young Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 71, entitled A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending section 166 (MCL 389.166), as added by 2008 PA 359; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 23 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Young Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. Senator Kowall moved to reconsider the vote by which the following bill was passed: Senate Bill No. 69, entitled A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending sections 161, 162, and 163 (MCL 389.161, 389.162, and 389.163), as added by 2008 PA 359. The motion prevailed, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 204 Roll Call No. 24 JOURNAL OF THE SENATE [February 25, 2015] [No. 18 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Horn Colbeck Hune Emmons Johnson Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Smith O’Brien Stamas Pavlov Warren Proos Zorn Nays—1 Hopgood Excused—1 Young Not Voting—0 In The Chair: Schuitmaker By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that the rules be suspended and that the following resolution, now on Committee Reports, be placed on the Resolutions calendar for consideration today: Senate Resolution No. 16 The motion prevailed, a majority of the members serving voting therefor. By unanimous consent the Senate proceeded to the order of Resolutions enate Resolution No. 16. S A resolution to memorialize the President of the United States, the U.S. Congress, and the U.S. Federal Communications Commission to refrain from regulating broadband Internet services as common carrier services under Title II of the Communi­ cations Act of 1934. The question being on the adoption of the resolution, The resolution was adopted. Senator Kowall asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Kowall’s statement is as follows: This resolution is to memorialize the President of the United States, the U.S. Congress, and the U.S. Federal Communi­ cations Commission to refrain from regulating broadband Internet services as common carrier services under Title II of the Communications Act of 1934. Regulating broadband Internet services is bad for the economy and contrary to federal No. 18] [February 25, 2015] JOURNAL OF THE SENATE 205 law. This unprecedented government interference would stifle private investment, hinder innovation, and undermine the growth of our Internet services. This interference will cost all of us consumers. I ask my colleagues to support this resolution. ouse Concurrent Resolution No. 1. H A concurrent resolution to support the Marquette County Road Commission’s appeal of the U.S. Environmental Protec­tion Agency’s objection to the planned construction of County Road 595. Whereas, The Marquette County Road Commission has the authority to lay out new roads within the county and has been planning to construct County Road 595 since 2011. Both the Michigan Senate and the Michigan House of Representatives formally expressed their support for these efforts. The Michigan Department of Environmental Quality was unable to issue a wetlands permit for the project due to the objection of the U.S. Environmental Protection Agency (EPA). A good faith argu­ment exists that the EPA’s action was arbitrary, capricious and not based on the law or the facts presented to the agency. The Board of County Road Commissioners plans to appeal the decision in the United States District Court for the Western District of Michigan. The Board has affirmed by resolution that it will only proceed with the appeal if no public funds are expended on the appeal; and Whereas, The Marquette County Board of Road Commissioners has the mission and duty to provide safe and efficient roads and bridges for motorists in Marquette County and ensure that new projects meet the needs of the community. County Road 595 would be constructed in an environmentally responsible manner to create a primary all-season road that improves emergency, commercial, industrial, and recreational access to an isolated but key area in northwest Marquette County, connecting it to US 41; and Whereas, The proposed routing of County Road 595 would reduce truck traffic through Marquette County population centers. Mixing heavy commercial truck traffic with personal vehicle traffic in high congestion areas and on local, state, and county roadways is detrimental to the safety of county residents; and Whereas, Moving forward with the construction of County Road 595 will improve public safety, protect our environment, boost regional economic development, and create jobs, enhancing the natural resources-based industry as well as tourism and recreation. The project has broad and overwhelming bipartisan support from legislators representing Marquette County, the general public, business and labor organizations, conservationists, and traffic safety advocates; now, therefore, be it Resolved by the House of Representatives (the Senate concurring), That we support the Marquette County Road Commis­ sion’s appeal of the U.S. Environmental Protection Agency’s objection to the planned construction of County Road 595; and be it further Resolved, That copies of this resolution be transmitted to the United States District Court of the Western District of Michigan, the Governor of the state of Michigan, the Administrator of the U.S. Environmental Protection Agency, the mem­ bers of the Michigan congressional delegation, the Marquette County Board of Commissioners, and the Marquette County Board of Road Commissioners. The House of Representatives has adopted the concurrent resolution. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the concurrent resolution, Senator Kowall moved that the concurrent resolution be referred to the Committee on Transportation. The motion prevailed. Senators Casperson, Emmons, Green, Hansen, Horn, Kowall, Pavlov, Robertson, Schmidt and Stamas were named co‑sponsors of the concurrent resolution. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Nofs as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 81, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2014 PA 40. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. 206 JOURNAL OF THE SENATE [February 25, 2015] [No. 18 Statements Senator Ananich asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Ananich’s statement is as follows: Colleagues, I rise to speak for a moment about Senate Resolution No. 16, which we recently passed, urging the Federal Communications Commission, the Congress, and President Obama not to regulate residential broadband service. Essentially, this is opposing the federal push for net neutrality to keep all businesses on the Internet on a level playing field. Instead, it’s a push for net impartiality, where wealthy corporations get preference and prominence over small businesses, innovators, and entrepreneurs. Ladies and gentleman, we’re a serious institution. We’re supposed to tackle serious issues. Net neutrality is a very serious issue. It is arguably one of the most important decisions the FCC will make in decades, and it is certainly the most impactful in the Internet era. As such, any efforts of this body to weigh in on this issue would be deliberative and judicious. We should’ve given this resolution and the issue of net neutrality our due diligence, not a paltry twenty minutes of discussion at 8:30 a.m. Frankly, this is not the way to make sound public policy, and, instead, it flies in the face of the responsibility the public has entrusted us with. For the first two months of this new session, we have done a good job of embodying our opening day remarks of working together, avoiding partisan and polarizing issues, and giving important issues an adequate level of debate and review. Unfortunately, this resolution and how it is being forced through is the first departure from that. We need to hold ourselves to a higher standard than this, and give significant issues proper and thoughtful review. Committee Reports The Committee on Local Government reported Senate Bill No. 108, entitled A bill to amend 1989 PA 24, entitled “The district library establishment act,” by amending section 2 (MCL 397.172), as amended by 2005 PA 60. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Proos, Brandenburg and Rocca Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, February 24, 2015, at 12:30 p.m., Room 100, Farnum Building Present: Senators Zorn (C), Proos, Brandenburg and Rocca Excused: Senator Young he Committee on Commerce reported T Senate Resolution No. 16. A resolution to memorialize the President of the United States, the U.S. Congress, and the U.S. Federal Communications Commission to refrain from regulating broadband Internet services as common carrier services under Title II of the Communi­ cations Act of 1934. (For text of resolution, see Senate Journal No. 17, p. 192.) With the recommendation that the resolution be adopted. Wayne A. Schmidt Chairperson No. 18] [February 25, 2015] JOURNAL OF THE SENATE 207 To Report Out: Yeas: Senators Schmidt, Kowall and MacGregor Nays: Senator Hertel The resolution was placed on the order of Resolutions. COMMITTEE ATTENDANCE REPORT he Committee on Commerce submitted the following: T Meeting held on Wednesday, February 25, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Schmidt (C), Kowall, MacGregor and Hertel Excused: Senator Nofs COMMITTEE ATTENDANCE REPORT he Subcommittee on Higher Education submitted the following: T Joint meeting held on Tuesday, February, 24, 2015, at 11:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Schuitmaker (C), MacGregor and Hertel COMMITTEE ATTENDANCE REPORT he Committee on Banking and Financial Institutions submitted the following: T Meeting held on Tuesday, February 24, 2015, at 2:30 p.m., Room 100, Farnum Building Present: Senators Booher (C), O’Brien, Nofs, Zorn, MacGregor and Rocca Excused: Senators Hertel and Smith COMMITTEE ATTENDANCE REPORT he Subcommittee on Community Health submitted the following: T Meeting held on Tuesday, February 24, 2015, at 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Marleau (C), Shirkey, Hansen and Hertel Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesdays, March 10, March 17, and March 24, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Community Colleges and House Community Colleges Appropriations Subcommittee - Thursday, February 26, 3:00 p.m., Lansing Community College, Arts and Sciences Building, Rooms 104-105-106, 419 N. Washington Square, Lansing (373-2768) Community Health - Tuesday, March 3, 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768) Community Health, Human Services, House Human Services and House Community Health Appropriations Subcommittees - Thursday, February 26, 2:00 p.m., House Appropriations Room, 3rd Floor, Capitol Building (373-2768) Corrections - Thursdays, February 26, 9:00 a.m., Rooms 402 and 403, Capitol Building; March 5 and March 26, Room 405, Capitol Building; March 12 and March 19, Senate Hearing Room, Ground Floor, Boji Tower (373-2768) Environmental Quality - Tuesdays, March 3 (CANCELED), March 10, March 17, and March 24, 1:30 p.m., Room 210, Farnum Building (373-2768) General Government - Thursdays, February 26, March 5, March 12, March 19, and March 26, 8:30 a.m., Room 100, Farnum Building (373-2768) 208 JOURNAL OF THE SENATE [February 25, 2015] [No. 18 Higher Education - Monday, March 2, 1:30 p.m., Ferris State University, University Center, Room 203, 805 Campus Drive, Big Rapids; and Wednesday, March 18, 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Human Services - Thursday, February 26, 1:00 p.m., Room 100, Farnum Building (373-2768) Judiciary - Wednesdays, March 4, March 11, March 18, and March 25, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) K-12, School Aid, Education - Wednesdays, March 4, March 11, March 18, and March 25, 8:30 a.m., Senate Appro­ priations Room, 3rd Floor, Capitol Building (373-2768) Natural Resources - Tuesdays, March 3 (CANCELED), March 10, March 17, and March 24, 1:00 p.m., Room 210, Farnum Building (373-2768) State Police and Military Affairs - Thursdays, February 26 (CANCELED), March 5 (CANCELED), March 12 (CANCELED), and March 26 (CANCELED), 1:00 p.m.; Tuesdays, March 3, March 10, and March 24, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursdays, February 26, 11:00 a.m.; March 5, 9:00 a.m.; March 12, March 19, and March 26, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Legislative Council - Thursday, February 26, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212) Transportation - Thursday, February 26, 8:30 a.m., Room 210, Farnum Building (373-5323) Veterans, Military Affairs and Homeland Security - Thursday, February 26, 2:00 p.m., Room 110, Farnum Building (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:37 a.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, February 26, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 19 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, February 26, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—excused Zorn—present 210 JOURNAL OF THE SENATE [February 26, 2015] [No. 19 Pastor Brad Hulcy of Woodside Bible Church of White Lake offered the following invocation: O Father, our God, we thank You for waking us up this morning; and for the measure of strength that You give us for this day, we return thanks. We thank You for allowing us to be in a state that is incredibly beautiful from Your creative hand. Even this morning as You painted the landscape with snow, we see Your handiwork. God, we thank You for these men and women who serve this state. God, I pray that even in this meeting today that You give them real wisdom beyond their own as they lead, as they debate, and as they discuss issues that are pertinent to each one of our communities. God, I ask that You give them strength, because this is not an easy job. Father, I pray that as You use them that they would lead in righteousness. We know that Your word says, “Righteousness exalts a nation, but sin is a reproach to all people.” God, help them to lead righteously, and help them to lead well. God, we commit this day to You and all that is said and done. We pray in Jesus’ name. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Schuitmaker entered the Senate Chamber. The following communications were received: Department of State Administrative Rules Notices of Filing January 8, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-133-LR (Secretary of State Filing #15-01-26) on this date at 3:16 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Judges Retirement - General Hearing Rules.” These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. January 8, 2015 I n accordance with the provisions of Section 46(v1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-134-LR (Secretary of State Filing #15-01-27) on this date at 3:16 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Public School Retirement - General Hearing Rules.” These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. January 8, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-132-LR (Secretary of State Filing #15-01-25) on this date at 3:16 p.m. for the Department of Licensing and Regulatory Affairs, entitled “State Police Retirement - General Hearing Rules.” These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. January 8, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-130-ED (Secretary of State Filing #15-01-23) on this date at 3:16 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Administrator Certification Hearings.” These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. No. 19] [February 26, 2015] JOURNAL OF THE SENATE 211 January 8, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-131-LR (Secretary of State Filing #15-01-24) on this date at 3:16 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Teaching Certificates and School Administrator Certificates.” These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. January 8, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-127-TP (Secretary of State Filing #15-01-22) on this date at 3:16 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Michigan Administrative Hearing System.” These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. January 15, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-100-LR (Secretary of State Filing #15-01-29) on this date at 10:33 a.m. for the Department of Licensing and Regulatory Affairs entitled, “Administrative Hearing Rules.” These rules become effective immediately upon filing with the Secretary of State. January 15, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-105-LR (Secretary of State Filing #15-01-28) on this date at 10:33 a.m. for the Department of Licensing and Regulatory Affairs entitled, “Michigan Medical Marihuana.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, February 25: House Bill Nos. 4076 4159 4160 4161 The Secretary announced that the following bills were printed and filed on Wednesday, February 25, and are available at the Michigan Legislature website: Senate Bill Nos. 153 154 155 156 157 House Bill Nos. 4225 4226 4227 4228 4229 4230 4231 4232 4233 4234 4235 4236 4237 4238 enator Kowall moved that Senators Green and Nofs be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Johnson be temporarily excused from today’s session. S The motion prevailed. Senator Hood moved that Senator Young be excused from today’s session. The motion prevailed. 212 JOURNAL OF THE SENATE [February 26, 2015] [No. 19 Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Bieda admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Senators Nofs and Green entered the Senate Chamber. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:05 a.m. 10:37 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senator Bieda introduced the Warren Consolidated Schools Career Preparation Center pre-engineering and computer-aided design students, Team Top Gun Aviation, state champions of the Real World Design Challenge; and instructor James Mandl; and presented them with Special Tributes. Mr. Mandl responded briefly. During the recess, Senator Johnson entered the Senate Chamber. Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today: Senate Bill No. 137 Senate Bill No. 138 House Bill No. 4110 House Bill No. 4112 The motion prevailed, a majority of the members serving voting therefor. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Proos as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4110, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 147d, 201, and 236 (MCL 388.1611, 388.1611m, 388.1618, 388.1622a, 388.1622b, 388.1651a, 388.1651c, 388.1747c, 388.1747d, 388.1801, and 388.1836), sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 201, and 236 as amended and section 147d as added by 2014 PA 476; and to repeal acts and parts of acts. Senate Bill No. 137, entitled A bill to amend 2012 PA 101, entitled “Autism coverage reimbursement act,” by amending section 8 (MCL 550.1838), as added by 2014 PA 401. Senate Bill No. 138, entitled A bill to amend 1989 PA 196, entitled “An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim’s rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim’s rights services; and to prescribe the powers and duties of certain state and local agencies and departments,” by amending section 4 (MCL 780.904), as amended by 2014 PA 299. No. 19] [February 26, 2015] JOURNAL OF THE SENATE 213 House Bill No. 4112, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies and for capital outlay for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations. The bills were placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage: Senate Bill No. 137 Senate Bill No. 138 House Bill No. 4110 House Bill No. 4112 The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 4110 House Bill No. 4112 Senate Bill No. 137 Senate Bill No. 138 Senate Bill No. 81 The motion prevailed. The following bill was read a third time: House Bill No. 4110, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 147d, 201, and 236 (MCL 388.1611, 388.1611m, 388.1618, 388.1622a, 388.1622b, 388.1651a, 388.1651c, 388.1747c, 388.1747d, 388.1801, and 388.1836), sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 201, and 236 as amended and section 147d as added by 2014 PA 476; and to repeal acts and parts of acts. The question being on the passage of the bill, Senator Hopgood offered the following amendments: 1. Amend page 29, line 4, by striking out “$364,724,900.00.” and inserting “$197,614,100.00.”. 2. Amend page 29, line 6, by striking out “$0.00.” and inserting “$167,110,800.00.”. 3. Amend page 32, line 14, after “is” by striking out “$307,191,300.00,”. 4. Amend page 32, line 15, by striking out all of lines 15 through 17 and inserting “following: (a) State school aid fund, $195,880,500.00. (b) State general fund/general purpose money, $111,310,800.00.”. 5. Amend page 32, line 26, after “from” by striking out the balance of the subsection and inserting “general fund/general purpose money.”. 6. Amend page 33, line 3, after “from” by striking out the balance of the subsection and inserting “general fund/general purpose money.”. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 25 Yeas—14 Ananich Hertel Jones Smith Bieda Hood Knezek Warren Colbeck Hopgood Rocca Zorn Gregory Johnson 214 JOURNAL OF THE SENATE [February 26, 2015] Nays—23 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Emmons Knollenberg O’Brien Shirkey Green Kowall Pavlov Stamas Hansen MacGregor Proos Excused—1 Young Not Voting—0 In The Chair: President he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 26 Yeas—23 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Emmons Knollenberg O’Brien Shirkey Green Kowall Pavlov Stamas Hansen MacGregor Proos Nays—14 Ananich Hertel Jones Smith Bieda Hood Knezek Warren Colbeck Hopgood Rocca Zorn Gregory Johnson Excused—1 Young In The Chair: President Not Voting—0 [No. 19 No. 19] [February 26, 2015] JOURNAL OF THE SENATE 215 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. Senator Hopgood asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Hopgood’s statement is as follows: I rise to offer an amendment to the negative supplemental bill before us, House Bill No. 4110, that will prevent the shift of $167 million in school aid funds. Unfortunately, over the past several years, the School Aid Fund has continually been raided by the Republican majorities and Governor Snyder. Year after year, this body insists on balancing the budget on the backs of our kids, and I wonder why we have to do this at all, considering that there is so much rhetoric in this town about how we don’t have deficits. Though you can try and put your spin on it, this negative supplemental is essentially another cut to our schools by this body and Governor Snyder. We have seen time and again that the Governor has no qualms about pilfering the School Aid Fund to cover his budget shortfalls whenever it is convenient for him, and the legislative majorities go right along with it. Well, it’s not convenient for our kids. This $167 million can be going to our elementary, middle, and high schools where it is desperately needed. Adding insult to injury, even more money is expected to come out of the School Aid Fund for the 2016 budget. Our public schools have already endured enough cuts, and instead of working to make them whole and increasing their funding, this body and the Governor want to take away $167 million more. Every time the Legislature loots the School Aid Fund, it is a betrayal to the voters and an insult to our students. How can we expect voters to go to the polls and support Proposal 1 when the Legislature and Governor can so easily take the money out the other side? It’s not fair. It’s not right and it needs to stop. I ask for all of you to stand up for our kids and schools, and support this amendment to protect vital K-12 school funding for K-12 schools. The following bill was read a third time: House Bill No. 4112, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies and for capital outlay for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, Senator Gregory offered the following amendments: 1. Amend page 3, line 24, by striking out “(20,000,000)” and inserting “(5,490,400)”. 2. Amend page 3, line 27, by striking out “(228,191,500)” and inserting “(213,681,900)”. 3. Amend page 4, line 3, by striking out “(180,828,900)” and inserting “(166,319,300)”. 4. Amend page 4, line 6, by striking out “(112,615,300)” and inserting “(103,105,700)”. 5. Amend page 4, line 11, by striking out “(124,975,600)” and inserting “(119,975,600)” and adjusting the subtotals, totals, and section 201 accordingly. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 27 Yeas—15 Ananich Hertel Bieda Hood Colbeck Hopgood Gregory Horn Johnson Smith Knezek Warren O’Brien Zorn Rocca 216 JOURNAL OF THE SENATE [February 26, 2015] [No. 19 Nays—22 Booher Hildenbrand Marleau Robertson Brandenburg Hune Meekhof Schmidt Casperson Jones Nofs Schuitmaker Emmons Knollenberg Pavlov Shirkey Green Kowall Proos Stamas Hansen MacGregor Excused—1 Young Not Voting—0 In The Chair: President Senator Hertel offered the following amendments: 1. Amend page 6, following line 16, by inserting: “Public resource allocation study............................................................................................ $ 1,000,000”. 2. Amend page 6, line 18, by striking out “(39,100)” and inserting “960,900”. 3. Amend page 6, line 20, by striking out “(39,100)” and inserting “960,900” and adjusting the subtotals, totals, and section 201 accordingly. 4. Amend page 23, following line 3, by inserting: “DEPARTMENT OF EDUCATION Sec. 302. Funds appropriated in part 1 for public resource allocation study shall be expended in an amount not to exceed $1,000,000.00 for a statewide public resource allocation study as required under section 1281a of the revised school code, MCL 380.1281a.”. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 28 Ananich Bieda Gregory Yeas—12 Hertel Hood Hopgood Johnson Rocca Jones Smith Knezek Warren Nays—25 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Knollenberg O’Brien Shirkey Emmons Kowall Pavlov Stamas Green MacGregor Proos Zorn Hansen No. 19] [February 26, 2015] JOURNAL OF THE SENATE 217 Excused—1 Young Not Voting—0 In The Chair: President he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 29 Yeas—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Knezek O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Nays—11 Ananich Hertel Johnson Smith Bieda Hood Jones Warren Gregory Hopgood Rocca Excused—1 Young Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. Senators Gregory and Hertel asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Gregory’s statement is as follows: I rise today to ask for support of this amendment. This amendment restores the $5 million cut to the Graduate Medical Education program, which allows hospitals to hire medical students to do their residencies in Michigan. Adequate funding for this program is a critical component to retaining and attracting great talent in our state. Due to the current doctor shortage in Michigan, the Michigan Health Council estimates we will need an additional 8,000 to 12,000 physicians by 2020. 218 JOURNAL OF THE SENATE [February 26, 2015] [No. 19 The GME program will also help us to meet the growing need of doctors that the successfully-implemented Healthy Michigan and the 550,000 new enrollees have brought to our state. This is an economic and health issue. Eighty-one percent of practicing doctors who do their residencies in Michigan stay in Michigan. These doctors are young doctors. These are young people coming to this state and saying, “We like Michigan and we will stay here.” Without their residency slots, there will be increased barriers to accessing health care. Also 45 percent of Michigan’s practicing family physicians are eligible for retirement in 10 years. Colleagues, this is not the time to be shortchanging our medical residency programs or the state. I ask for your support of this amendment. enator Hertel’s statement is as follows: S I rise in support of my amendment which would appropriate $1 million to pay for a statewide study to determine the true costs of educating a child from kindergarten through 12th grade. Governor Snyder asked us for this appropriation in his supplemental request letter of February 11, 2015. This study was a key component to the bipartisan compromise on road funding last session. Leaders from both sides of the aisle agreed that it makes sense to find out how much it would cost to adequately fund education. To determine the funding level for education without knowing what education costs is completely backwards, yet that is how we have operated for years. How can you give an answer when you don’t even know what the question is? You can’t. It is time to honor our promises, and I mean both the promise to our children and promises made to each other during the bipartisan package that we passed on roads last year. It is time to honor our promises and do our job the right way. I ask for your support on this amendment. The following bill was read a third time: Senate Bill No. 137, entitled A bill to amend 2012 PA 101, entitled “Autism coverage reimbursement act,” by amending section 8 (MCL 550.1838), as added by 2014 PA 401. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 30 Booher Brandenburg Casperson Emmons Green Gregory Hansen Yeas—26 Hildenbrand Kowall Proos Hopgood MacGregor Robertson Horn Marleau Schmidt Hune Meekhof Schuitmaker Jones Nofs Shirkey Knezek Pavlov Stamas Knollenberg Nays—11 Ananich Hertel O’Brien Warren Bieda Hood Rocca Zorn Colbeck Johnson Smith Excused—1 Young Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. No. 19] [February 26, 2015] JOURNAL OF THE SENATE 219 The following bill was read a third time: Senate Bill No. 138, entitled A bill to amend 1989 PA 196, entitled “An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim’s rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim’s rights services; and to prescribe the powers and duties of certain state and local agencies and departments,” by amending section 4 (MCL 780.904), as amended by 2014 PA 299. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 31 Yeas—27 Booher Horn Marleau Schmidt Brandenburg Hune Meekhof Schuitmaker Casperson Jones Nofs Shirkey Emmons Knezek O’Brien Smith Green Knollenberg Pavlov Stamas Hansen Kowall Proos Zorn Hildenbrand MacGregor Robertson Nays—10 Ananich Gregory Hopgood Rocca Bieda Hertel Johnson Warren Colbeck Hood Excused—1 Young Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 81, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2014 PA 40. The question being on the passage of the bill, Senator Knezek offered the following amendment: 1. Amend page 30, following line 5, by inserting: “Enacting section 2. The legislature shall annually appropriate sufficient funds from the state general fund to the state school aid fund created in section 11 of article IX of the state constitution of 1963 to fully compensate for any loss of revenue to the state school aid fund resulting from the enactment of this amendatory act.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: 220 Roll Call No. 32 Ananich Bieda Gregory JOURNAL OF THE SENATE [February 26, 2015] [No. 19 Yeas—12 Hertel Hood Hopgood Johnson Rocca Jones Smith Knezek Warren Nays—25 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Knollenberg O’Brien Shirkey Emmons Kowall Pavlov Stamas Green MacGregor Proos Zorn Hansen Excused—1 Young Not Voting—0 In The Chair: President Senator Hertel offered the following amendment: 1. Amend page 5, line 7, after “institution” by inserting “THAT IS INCORPORATED OR ORGANIZED UNDER THE LAWS OF THIS STATE OR HAS ITS PRINCIPAL PLACE OF BUSINESS IN THIS STATE”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 33 Yeas—10 Ananich Hertel Johnson Smith Bieda Hood Knezek Warren Gregory Hopgood Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson No. 19] [February 26, 2015] JOURNAL OF THE SENATE 221 Excused—1 Young Not Voting—0 In The Chair: President he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 34 Yeas—33 Ananich Hansen MacGregor Rocca Bieda Hildenbrand Marleau Schmidt Booher Horn Meekhof Schuitmaker Brandenburg Hune Nofs Shirkey Casperson Jones O’Brien Smith Colbeck Knezek Pavlov Stamas Emmons Knollenberg Proos Warren Green Kowall Robertson Zorn Gregory Nays—4 Hertel Hood Hopgood Johnson Excused—1 Young Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. Senator Hertel asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Hertel’s statement is as follows: My amendment assures that only banks and credit unions incorporated in Michigan can take the principal residency exemption. I do this for three reasons. First, this is an issue of fairness. No out-of-state person can qualify for this exemption, and I see no reason to allow a corporation that is out-of-state to do so. Second, while I can understand the benefit to our local banks and credit unions who are investing this tax savings back into their community, giving a tax break to out-of-state 222 JOURNAL OF THE SENATE [February 26, 2015] [No. 19 companies will show no benefit to our local communities and will be taking money out of our state. Finally, as Register of Deeds, I was on the frontline of the foreclosure crisis. I did town halls in front of dozens of properties, all owned by out-of-state banks, that had been vacant for more than a year. These homes were often in terrible shape and falling apart in our neighborhoods. Several times a neighbor would come out and tell us that an animal was living in the home. There were roofs caving in and lots of structural damage. This never happened with a community bank. This never happened with a credit union, and because of that and the amount of damaged properties in my community and communities across the state, I would like to limit this only to our in-state companies that have investments here—it matters to them what happens in our communities—and not give it to out-of-state banks that, quite frankly, do not seem to care about some of the things that have happened in my community. By unanimous consent the Senate returned to the order of Messages from the Governor The following message from the Governor was received on February 25, 2015, and read: EXECUTIVE ORDER No. 2015-8 Amendment of Executive Order 2015-7 Asian Pacific American Affairs Commission Hispanic/Latino Commission Department of Civil Rights WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that he considers necessary for efficient administration; and WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor unless otherwise provided by the constitution; and WHEREAS, there is a continued need to reorganize functions among state departments to ensure efficient administration; and WHEREAS, programs, agencies, and commissions should be placed among the principal departments on a consistent, logical basis in order to ensure the most efficient use of taxpayer dollars and to allow the state to offer more streamlined services; and WHEREAS, this amended order is a replacement of Executive Order 2015-7; and NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I.  ASIAN PACIFIC AMERICAN AFFAIRS COMMISSION In addition to the members appointed to the Asian Pacific American Affairs Commission under Section II.B. of Executive Reorganization Order 2009-21, the Director of the Office for New Americans or his or her designee, shall serve as a nonvoting ex officio member of the Commission. II.  HISPANIC/LATINO COMMISSION In addition to the members appointed to the Hispanic/Latino Commission under MCL 18.302(1), 1975 PA 164, as amended, the Director of the Office for New Americans or his or her designee, shall serve as a non-voting ex officio member of the Commission. This Order shall be effective immediately upon the filing of this Order. Given under my hand and the Great Seal of the state of [SEAL] Michigan this 25th day of February, in the Year of our Lord Two Thousand Fifteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. No. 19] [February 26, 2015] JOURNAL OF THE SENATE 223 Messages from the House Senate Bill No. 34, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 2a, 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5j, 5k, 5l, 5o, and 8 (MCL 28.421, 28.422a, 28.424, 28.425, 28.425a, 28.425b, 28.425c, 28.425d, 28.425e, 28.425f, 28.425j, 28.425k, 28.425l, 28.425o, and 28.428), section 1 as amended by 2014 PA 203, section 2a as amended by 2013 PA 3, section 4 as amended by 2014 PA 6, sections 5 and 5a as added by 2000 PA 381, section 5b as amended by 2014 PA 207, sections 5c and 5d as amended by 2002 PA 719, section 5e as amended by 2014 PA 204, sections 5f and 5k as amended by 2012 PA 123, section 5j as amended by 2004 PA 254, section 5l as amended by 2012 PA 32, section 5o as amended by 2014 PA 206, and section 8 as amended by 2008 PA 406, and by adding section 5x; and to repeal acts and parts of acts. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 35 Yeas—28 Booher Hildenbrand MacGregor Robertson Brandenburg Horn Marleau Rocca Casperson Hune Meekhof Schmidt Colbeck Jones Nofs Schuitmaker Emmons Knezek O’Brien Shirkey Green Knollenberg Pavlov Stamas Hansen Kowall Proos Zorn Nays—9 Ananich Hertel Hopgood Smith Bieda Hood Johnson Warren Gregory Excused—1 Young In The Chair: President Not Voting—0 224 JOURNAL OF THE SENATE [February 26, 2015] [No. 19 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. The Assistant President pro tempore, Senator O’Brien, assumed the Chair. Senate Bill No. 35, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2012 PA 124. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate proceeded to the order of Resolutions he question was placed on the adoption of the following resolution consent calendar: T Senate Resolution No. 17 The resolution consent calendar was adopted. enator Knollenberg offered the following resolution: S Senate Resolution No. 17. A resolution commemorating March 2015 as Ethnic and Cultural Heritage Month in the state of Michigan. Whereas, The culture of the people of the state of Michigan has continually been renewed and enriched by the many different individuals who have chosen to come to Michigan, become citizens, and call this state their home; and Whereas, Each individual brings with them a part of his or her own heritage which over time integrates into one common heritage, leading us to become a united people; and Whereas, As a unified people with one common heritage, we represent the past, present, and future traditions of our great state; and Whereas, As united citizens, we celebrate Michigan’s heritage with pride and great esteem; now, therefore, be it Resolved by the Senate, That we hereby commemorate March 2015 as Ethnic and Cultural Heritage Month in the state of Michigan; and be it further Resolved, That a copy of this resolution be transmitted to Royal Oak resident Joan Larson, who originated this idea years ago, as a token of our highest esteem. Senators Bieda, Booher, Brandenburg, Hansen, Hertel, Hildenbrand, Hopgood, Horn, Proos, Rocca, Schmidt and Zorn were named co‑sponsors of the resolution. Introduction and Referral of Bills Senators Schmidt, Casperson, Knezek, Proos, Zorn, Hansen and Warren introduced Senate Bill No. 165, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 624a, 657, 660, 662, 901, and 907 (MCL 257.624a, 257.657, 257.660, 257.662, 257.901, and 257.907), section 624a as amended by 2012 PA 306, sections 657 and 662 as amended by 2002 PA 494, section 660 as amended by 2006 PA 339, and section 907 as amended by 2014 PA 303, and by adding sections 518a and 625p. The bill was read a first and second time by title and referred to the Committee on Transportation. Senators Casperson, Schmidt, Knezek, Proos, Zorn, Hansen and Warren introduced Senate Bill No. 166, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 33 (MCL 257.33), as amended by 2013 PA 36, and by adding section 7b. The bill was read a first and second time by title and referred to the Committee on Transportation. No. 19] [February 26, 2015] JOURNAL OF THE SENATE 225 Senators Brandenburg, Robertson, Zorn, Horn, Green, Emmons, Marleau, Casperson and Knollenberg introduced Senate Bill No. 167, entitled A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 113 (MCL 208.1113), as amended by 2012 PA 601. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Bieda and Rocca introduced Senate Bill No. 168, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 719 and 722 (MCL 257.719 and 257.722), section 719 as amended by 2012 PA 282 and section 722 as amended by 2012 PA 522. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 4076, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 2 (MCL 28.422), as amended by 2014 PA 201. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4159, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 5o (MCL 28.425o), as amended by 2014 PA 206. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4160, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 234e (MCL 750.234e), as added by 1990 PA 321. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4161, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 222 (MCL 750.222), as amended by 2012 PA 242. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. enator Kowall moved that rule 2.106 be suspended to allow committees to meet during Senate session. S The motion prevailed, a majority of the members serving voting therefor. 226 JOURNAL OF THE SENATE [February 26, 2015] [No. 19 Statements Senator Ananich moved that, pursuant to rule 3.506, he be permitted to submit a statement in writing for inclusion in a subsequent Journal. The motion prevailed. Committee Reports The Committee on Judiciary reported Senate Bill No. 93, entitled A bill to amend 1982 PA 302, entitled “An act to create the Michigan justice training commission and the Michigan justice training fund; to provide the powers and duties of certain state agencies; to provide for the distribution and expenditure of funds; and to provide for the promulgation of rules,” by amending sections 1, 2, 3, 4, 5, 6, 8, and 9 (MCL 18.421, 18.422, 18.423, 18.424, 18.425, 18.426, 18.428, and 18.429), sections 1, 2, 3, 4, 5, and 6 as amended and section 9 as added by 1989 PA 158, and by adding sections 7, 8a, and 10. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 94, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7411 (MCL 333.7411), as amended by 2013 PA 223. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 95, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 181 (MCL 600.181), as amended by 2008 PA 545. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 96, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11 of chapter III (MCL 763.11), as added by 2012 PA 479. No. 19] [February 26, 2015] JOURNAL OF THE SENATE 227 ith the recommendation that the substitute (S-1) be adopted and that the bill then pass. W The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 92, entitled A bill to amend 1965 PA 203, entitled “Commission on law enforcement standards act,” by amending sections 1, 2, 3, 5, 6, 7, 9, 9a, 9b, 9c, 10, 11, 12, 13, and 14 (MCL 28.601, 28.602, 28.603, 28.605, 28.606, 28.607, 28.609, 28.609a, 28.609b, 28.609c, 28.610, 28.611, 28.612, 28.613, and 28.614), sections 1, 3, 5, 6, 7, 11, 12, and 14 as amended and sections 9a, 9b, and 9c as added by 1998 PA 237, section 2 as amended by 2013 PA 170, section 9 as amended by 2005 PA 239, and section 10 as amended by 2010 PA 67; and to repeal acts and parts of acts. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, February 24, 2015, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca and Colbeck Excused: Senator Bieda The Committee on Appropriations reported Senate Bill No. 137, entitled A bill to amend 2012 PA 101, entitled “Autism coverage reimbursement act,” by amending section 8 (MCL 550.1838), as added by 2014 PA 401. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 138, entitled A bill to amend 1989 PA 196, entitled “An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim’s rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim’s rights services; and to prescribe the powers and duties of certain state and local agencies and departments,” by amending section 4 (MCL 780.904), as amended by 2014 PA 299. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson 228 JOURNAL OF THE SENATE [February 26, 2015] [No. 19 To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau and Knezek Nays: Senators Hopgood and Hertel The bill was referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 4078, entitled A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2015; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 4110, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 147d, 201, and 236 (MCL 388.1611, 388.1611m, 388.1618, 388.1622a, 388.1622b, 388.1651a, 388.1651c, 388.1747c, 388.1747d, 388.1801, and 388.1836), sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 201, and 236 as amended and section 147d as added by 2014 PA 476; and to repeal acts and parts of acts. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau Nays: Senators Gregory, Hopgood, Hertel and Knezek The bill was referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 4112, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies and for capital outlay for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau and Knezek Nays: Senators Gregory, Hopgood and Hertel The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, February 25, 2015, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel and Knezek Excused: Senator Young No. 19] [February 26, 2015] JOURNAL OF THE SENATE 229 COMMITTEE ATTENDANCE REPORT he Subcommittee on K-12, School Aid, Education submitted the following: T Meeting held on Wednesday, February 25, 2015, at 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hansen (C) and Pavlov Excused: Senator Hopgood COMMITTEE ATTENDANCE REPORT he Subcommittee on Licensing and Regulatory Affairs submitted the following: T Meeting held on Wednesday, February 25, 2015, at 8:30 a.m., Room 110, Farnum Building Present: Senators Knollenberg (C) and Marleau Excused: Senator Young COMMITTEE ATTENDANCE REPORT he Subcommittee on Judiciary submitted the following: T Meeting held on Wednesday, February 25, 2015 at 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Proos (C) and Schuitmaker Excused: Senator Young COMMITTEE ATTENDANCE REPORT he Joint Subcommittee on Capital Outlay submitted the following: T Meeting held on Wednesday, February 25, 2015, at 4:00 p.m., House Appropriations Room, 3rd Floor, Capitol Building Present: Senators Booher (C), Nofs, Schuitmaker, Hansen, MacGregor, Gregory and Hertel COMMITTEE ATTENDANCE REPORT he Subcommittee on General Government submitted the following: T Meeting held on Thursday, February 26, 2015, at 8:30 a.m., Room 100, Farnum Building Present: Senators Stamas (C), Nofs and Booher Excused: Senator Young COMMITTEE ATTENDANCE REPORT he Legislative Council submitted the following: T Meeting held on Thursday, February 26, 2015, at 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Meekhof (C), Rocca, Schmidt, Stamas, Schuitmaker (Alternate) and Bieda (Alternate) Excused: Senators Ananich and Hood COMMITTEE ATTENDANCE REPORT he Subcommittee on Corrections submitted the following: T Meeting held on Thursday, February 26, 2015, at 9:00 a.m., Rooms 402 and 403, Capitol Building Present: Senators Proos (C), Knollenberg and Gregory Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesdays, March 10, March 17, and March 24, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) 230 JOURNAL OF THE SENATE [February 26, 2015] [No. 19 Community Health - Tuesday, March 3, 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768) Corrections - Thursdays, March 5 and March 26, Room 405, Capitol Building; March 12 and March 19, Senate Hear­ ing Room, Ground Floor, Boji Tower (373-2768) Environmental Quality - Tuesdays, March 3 (CANCELED), March 10, March 17, and March 24, 1:30 p.m., Room 210, Farnum Building (373-2768) General Government - Thursdays, March 5, March 12, March 19, and March 26, 8:30 a.m., Room 100, Farnum Build­ ing (373-2768) Higher Education - Monday, March 2, 1:30 p.m., Ferris State University, University Center, Room 203, 805 Campus Drive, Big Rapids; and Wednesday, March 18, 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Judiciary - Wednesdays, March 4, March 11, March 18, and March 25, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) K-12, School Aid, Education - Wednesdays, March 4, March 11, March 18, and March 25, 8:30 a.m., Senate Appro­ priations Room, 3rd Floor, Capitol Building (373-2768) K-12, School Aid, Education and House School Aid Appropriations Subcommittee - Thursday, March 5, 8:00 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-2768) Licensing and Regulatory Affairs - Wednesday, March 4, 8:30 a.m., Room 110, Farnum Building (373-2768) Natural Resources - Tuesdays, March 3 (CANCELED), March 10, March 17, and March 24, 1:00 p.m., Room 210, Farnum Building (373-2768) State Police and Military Affairs - Thursdays, March 5 (CANCELED), March 12 (CANCELED), and March 26 (CANCELED), 1:00 p.m.; Tuesdays, March 3, March 10, and March 24, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursdays, March 5, 9:00 a.m.; March 12, March 19, and March 26, 8:30 a.m., Senate Appropria­ tions Room, 3rd Floor, Capitol Building (373-2768) Energy and Technology - Thursday, March 5, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Health Policy - Tuesday, March 3, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Judiciary - Tuesday, March 3, 3:00 p.m., Room 110, Farnum Building (373-1721) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:52 a.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Tuesday, March 3, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 20 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, March 3, 2015. 10:00 a.m. The Senate was called to order by the Assistant President pro tempore, Senator Margaret E. O’Brien. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—excused Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—excused Stamas—present Warren—present Young—present Zorn—present 232 JOURNAL OF THE SENATE [March 3, 2015] [No. 20 astor Doug Bergsma of Resurrection Life Church of Rockford offered the following invocation: P Heavenly Father, we come to You today at the onset of this session, and we ask for Your will to be done in every decision that we make. We ask for Your wisdom in difficult matters where the way is unclear. You said in Your word that You hold the heart of the leaders in Your hands and direct them like a river’s path. We place our hearts in Your hands this day, and we ask You to help us in matters of state. Give us clarity, unity, and resolve as we seek Your will for the welfare of the state of Michigan. We ask for Your blessing. We ask all these things in Jesus’ name. Amen. The Assistant President pro tempore, Senator O’Brien, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Kowall moved that Senators Knollenberg, Marleau, Hansen and Meekhof be temporarily excused from today’s session. The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Johnson and Smith be excused from today’s session. S The motion prevailed. Senator Meekhof entered the Senate Chamber. The Secretary announced that the following House bills were received in the Senate and filed on Thursday, February 26: House Bill Nos. 4151 4152 4153 4154 4155 4156 The Secretary announced that the following bills were printed and filed on Thursday, February 26, and are available at the Michigan Legislature website: Senate Bill Nos. 158 159 160 161 162 163 164 House Bill Nos. 4239 4240 4241 4242 4243 4244 4245 4246 The Secretary announced that the following bills were printed and filed on Friday, February 27, and are available at the Michigan Legislature website: Senate Bill Nos. 165 166 167 168 House Bill Nos. 4247 4248 4249 4250 4251 4252 4253 4254 4255 4256 4257 4258 4259 4260 4261 4262 4263 4264 4265 4266 4267 4268 4269 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Gregory as Chair­ person. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 72, entitled A bill to amend 2008 IL 1, entitled “Michigan medical marihuana act,” by amending section 7 (MCL 333.26427). Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. No. 20] [March 3, 2015] JOURNAL OF THE SENATE 233 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 86, entitled A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending section 518 (MCL 141.2518), as amended by 2014 PA 297. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senators Young and Marleau entered the Senate Chamber. Resolutions he question was placed on the adoption of the following resolution consent calendar: T Senate Resolution No. 18 The resolution consent calendar was adopted. Senators Pavlov, O’Brien, Kowall, Brandenburg, Emmons, Schmidt, MacGregor, Knezek, Warren, Nofs, Stamas, Rocca, Booher, Marleau, Green, Colbeck, Hildenbrand, Knollenberg, Proos, Hansen, Robertson, Horn, Jones, Meekhof, Hune, Hopgood, Gregory, Johnson, Hertel, Bieda, Ananich, Hood, Zorn, Schuitmaker and Casperson offered the following resolution: Senate Resolution No. 18. A resolution commemorating March 2015 as Reading Month in the state of Michigan. Whereas, The members of the Michigan Senate are dedicated to providing a quality education to all the children in Michigan; and Whereas, The citizens of Michigan recognize reading is fundamental to the education of children; and Whereas, Research shows that children who read regularly, especially with adults, have greater success in school; and Whereas, Reading is essential to everyday life, both inside and outside the classroom. It opens doors and allows children to explore the entire world and beyond. Reading is also a cornerstone to building productive, contributing citizens; and Whereas, We recognize and promote the importance of community and parental involvement in every child’s success in school; and Whereas, We are committed to making Michigan’s children and America’s children the best readers in the world; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate March 2015 as Reading Month in the state of Michigan. Introduction and Referral of Bills The President, Lieutenant Governor Calley, assumed the Chair. Senators Proos, Horn, Zorn, Hansen, Brandenburg, Green, Knollenberg, Pavlov, Robertson, Smith, Hopgood, Hertel and Knezek introduced Senate Bill No. 169, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1278e. The bill was read a first and second time by title and referred to the Committee on Education. Senators Pavlov, Proos, Horn, Zorn, Hansen, Brandenburg, Green, Knollenberg, Robertson, Smith, Hopgood, Hertel and Knezek introduced Senate Bill No. 170, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1278d. The bill was read a first and second time by title and referred to the Committee on Education. 234 JOURNAL OF THE SENATE [March 3, 2015] [No. 20 Senators Bieda, Hertel and Brandenburg introduced Senate Bill No. 171, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7d (MCL 211.7d), as amended by 2012 PA 66. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Johnson, Gregory, Ananich and Hood introduced Senate Bill No. 172, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 98. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senator Horn introduced Senate Bill No. 173, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 11r, 20, 20g, and 22a (MCL 388.1611, 388.1611r, 388.1620, 388.1620g, and 388.1622a), sections 11, 20, 20g, and 22a as amended and section 11r as added by 2014 PA 196. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4151, entitled A bill to repeal 1959 PA 186, entitled “An act to regulate the use of certain spring, gas or air operated handguns and to provide a penalty for violation of this act,” (MCL 752.891 to 752.892). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4152, entitled A bill to amend 1846 RS 1, entitled “Of the statutes,” by amending section 3t (MCL 8.3t). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4153, entitled A bill to amend 1952 PA 10, entitled “An act to define the duties of any person who discharges a firearm and thereby injures any person; and to prescribe penalties for violations of the provisions of this act,” by amending section 1 (MCL 752.841). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4154, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40102, 40111, and 43503 (MCL 324.40102, 324.40111, and 324.43503), section 40102 as amended by 2007 PA 48, section 40111 as amended by 2012 PA 340, and section 43503 as amended by 2012 PA 520. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4155, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 222, 226, 227b, 227c, 227d, 237a, and 528a (MCL 750.222, 750.226, 750.227b, 750.227c, 750.227d, 750.237a, and 750.528a), section 222 as amended by 2012 PA 242, section 227b as amended by 1990 PA 321, sections 227c and 227d as added by 1981 PA 103, section 237a as added by 1994 PA 158, and section 528a as added by 1986 PA 113. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. No. 20] [March 3, 2015] JOURNAL OF THE SENATE 235 House Bill No. 4156, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 1 (MCL 28.421), as amended by 2014 PA 203. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. The Assistant President pro tempore, Senator O’Brien, resumed the Chair. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:16 a.m. 10:43 a.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. During the recess, Senators Knollenberg and Hansen entered the Senate Chamber. Statements ursuant to rule 3.506, Senator Ananich submitted a statement in writing for inclusion in today’s Journal. P Senator Ananich’s statement is as follows: Colleagues, I rise in support of my amendment, which would create a $1 million Emergency Water Fund for distressed local governments. By now, we are all familiar with the problems Flint has faced with its water. The city’s water supply has tested positive for contaminants multiple times. There have been a number of boil water advisories resulting in limited drink­ability at times. At the same time, the amount of money Flint residents pay for their water is the highest in the state. Unfortunately, this issue isn’t unique to Flint. Detroit and other urban areas have faced similar challenges as outdated infra­structure and soaring costs collide. That’s why my amendment would apply to any local government in receivership— because most communities that have been under Emergency Management have faced a similar set of problems. I will continue to work diligently with the Governor, Department of Treasury, city officials, and local nonprofits to address the long-term need to lower costs and improve quality. But in the meantime, families need some relief. When families in Michigan can’t afford a basic need like water, or can’t rely on that fundamental necessity to be safe, we need to do something. I ask for your support of this amendment. Committee Reports he Committee on Transportation reported T Senate Resolution No. 9. A resolution to support the Marquette County Road Commission’s appeal of the U.S. Environmental Protection Agency’s objection to the planned construction of County Road 595. (For text of resolution, see Senate Journal No. 8, p. 100.) With the recommendation that the resolution be adopted. Thomas A. Casperson Chairperson 236 JOURNAL OF THE SENATE [March 3, 2015] [No. 20 To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The resolution was placed on the order of Resolutions. COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, February 26, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood The Committee on Families, Seniors and Human Services reported Senate Bill No. 112, entitled A bill to amend 1957 PA 29, entitled “An act to provide for the disposition of certain files and records in the probate courts of this state,” by amending section 1 (MCL 720.551). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported Senate Bill No. 113, entitled A bill to amend 1921 PA 137, entitled “An act authorizing counties of this state to contract with agencies, institutions, and hospitals licensed by the department of consumer and industry services for the aid, care, support, maintenance, treatment, cure, or relief of children,” by amending section 1 (MCL 722.501), as amended by 1996 PA 411. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported Senate Bill No. 114, entitled A bill to amend 1921 PA 137, entitled “An act authorizing counties of this state to contract with agencies, institutions, and hospitals licensed by the department of consumer and industry services for the aid, care, support, maintenance, treatment, cure, or relief of children,” by amending section 3 (MCL 722.503), as amended by 1996 PA 411. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones and Johnson Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Families, Seniors and Human Services submitted the following: T Meeting held on Wednesday, February 25, 2015, at 3:00 p.m., Room 210, Farnum Building Present: Senators Emmons (C), Pavlov, Jones, Casperson and Johnson No. 20] [March 3, 2015] JOURNAL OF THE SENATE 237 The Committee on Veterans, Military Affairs and Homeland Security reported Senate Bill No. 6, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7b (MCL 211.7b), as amended by 2013 PA 161. With the recommendation that the bill be referred to the Committee on Finance. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn and Colbeck Nays: None The bill was referred to the Committee on Finance. The Committee on Veterans, Military Affairs and Homeland Security reported Senate Bill No. 52, entitled A bill to amend 2008 PA 176, entitled “Veterans welcome home act,” by amending section 2 (MCL 35.1232). With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Veterans, Military Affairs and Homeland Security submitted the following: T Meeting held on Thursday, February 26, 2015, at 2:00 p.m., Room 110, Farnum Building Present: Senators O’Brien (C), Emmons, Zorn, Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Subcommittee on Transportation submitted the following: T Meeting held on Thursday, February 26, 2015, at 11:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hansen (C) and Knollenberg Excused: Senator Young COMMITTEE ATTENDANCE REPORT he Subcommittee on Human Services submitted the following: T Meeting held on Thursday, February 26, 2015, at 1:00 p.m., Room 100, Farnum Building Present: Senators MacGregor (C), Proos and Gregory COMMITTEE ATTENDANCE REPORT he Subcommittee on Community Health submitted the following: T Joint meeting held on Thursday, February 26, 2015, at 2:00 p.m., House Appropriations Room, 3rd Floor, Capitol Building Present: Senators Marleau (C), Shirkey, Hansen and Hertel COMMITTEE ATTENDANCE REPORT he Subcommittee on Human Services submitted the following: T Joint meeting held on Thursday, February 26, 2015, at 2:00 p.m., House Appropriations Room, 3rd Floor, Capitol Building Present: Senators MacGregor (C), Proos and Gregory 238 JOURNAL OF THE SENATE [March 3, 2015] [No. 20 COMMITTEE ATTENDANCE REPORT he Subcommittee on Community Colleges submitted the following: T Joint meeting held on Thursday, February 26, 2015, at 3:00 p.m., Lansing Community College, Arts and Sciences Build­ing, Rooms 104-105-106, 419 N. Washington Square, Lansing Present: Senators Booher (C) and Knezek Excused: Senator Schuitmaker COMMITTEE ATTENDANCE REPORT he Subcommittee on Higher Education submitted the following: T Meeting held on Monday, March 2, 2015, at 1:30 p.m., Ferris State University, University Center, Room 203, 805 Campus Drive, Big Rapids Present: Senators Schuitmaker (C), MacGregor and Hertel COMMITTEE ATTENDANCE REPORT he Subcommittee on State Police and Military Affairs submitted the following: T Meeting held on Tuesday, March 3, 2015, at 8:30 a.m., Rooms 402 and 403, Capitol Building Present: Senators Nofs (C), Colbeck and Knezek Scheduled Meetings Appropriations - Wednesday, March 4, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1801) Subcommittees Agriculture and Rural Development - Tuesdays, March 10, March 17, and March 24, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Capital Outlay - Wednesday, March 4, 4:00 p.m. or later after committees are given leave by the House to meet, House Appropriations Room, 3rd Floor, Capitol Building (373-8080) Community Colleges - Wednesday, March 25, 9:00 a.m., Room 405, Capitol Building (373-2768) Corrections - Thursdays, March 5 and March 26, Room 405, Capitol Building; March 12 and March 19, Senate Hear­ ing Room, Ground Floor, Boji Tower (373-2768) Environmental Quality - Tuesdays, March 10, March 17, and March 24, 1:30 p.m., Room 210, Farnum Building (373-2768) General Government - Thursdays, March 5, March 12, March 19, and March 26, 8:30 a.m., Room 100, Farnum Build­ ing (373-2768) Higher Education - Wednesday, March 18, 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Human Services - Thursday, March 5, 2:00 p.m., Room 100, Farnum Building (373-2768) Judiciary - Wednesdays, March 4, March 11, March 18, and March 25, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) K-12, School Aid, Education - Wednesdays, March 4, March 11, March 18, and March 25, 8:30 a.m., Senate Appro­ priations Room, 3rd Floor, Capitol Building (373-2768) K-12, School Aid, Education and House School Aid Appropriations Subcommittee - Thursday, March 5, 8:00 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-2768) Licensing and Regulatory Affairs - Wednesday, March 4 (CANCELED), 8:30 a.m. and Thursday, March 5, 11:30 a.m., Room 110, Farnum Building (373-2768) No. 20] [March 3, 2015] JOURNAL OF THE SENATE 239 Natural Resources - Tuesdays, March 10, March 17, and March 24, 1:00 p.m., Room 210, Farnum Building (373‑2768) State Police and Military Affairs - Thursdays, March 5 (CANCELED), March 12 (CANCELED), and March 26 (CANCELED), 1:00 p.m.; Tuesdays, March 10 and March 24, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursdays, March 5, 9:00 a.m.; March 12 (CANCELED), March 19, and March 26, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Commerce - Wednesday, March 4, 9:00 a.m., Room 210, Farnum Building (373-5312) Economic Development - Thursday, March 5, 1:30 p.m., Room 210, Farnum Building (373-5312) Energy and Technology - Thursday, March 5, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Outdoor Recreation and Tourism - Wednesday, March 4, 12:30 p.m., Room 110, Farnum Building (373-1721) Regulatory Reform - Wednesday, March 4, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323) Veterans, Military Affairs and Homeland Security - Thursday, March 5, 2:00 p.m., Room 110, Farnum Building (373‑5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:44 a.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Wednesday, March 4, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 240 No. 21 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, March 4, 2015. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 242 JOURNAL OF THE SENATE [March 4, 2015] [No. 21 astor Keith Barr of Family Worship Center of Rochester Hills offered the following invocation: P Almighty God, Creator of heaven and earth, we humbly beseech Thee today for Thy blessings. The Founding Fathers of this nation prayerfully sought You and Your guidance in establishing this great nation. You heard them and blessed this nation, and it became the richest, most generous, and most powerful nation in the history of the world. You even made us a light to other nations. Lord, it says in Your word that righteousness exalts a nation, but sin is a reproach to any people. So many have turned to You. Our young people are lost today. So many have eyes to see, but they do not see, and they have ears to hear, but they do not hear. Our faith is under attack as never before. Christians are being persecuted, slaughtered, and beheaded around the world. We are even being persecuted in our own country. Christian business people are being attacked for standing up for their religious beliefs. Heavenly Father, there are those who try to twist the meaning of our Constitution that guarantees the freedom of religion. They try to argue that we have freedom of religion but not freedom of expression. Well, if the religion you have doesn’t make you want to express it, then you have no religion at all. Lord, we ask that You would give us faith like Shadrach, Meshach, and Abednego, who would not bow down before the idol when the music played. Let us have the faith of Daniel, who wouldn’t stop praying and was thrown into the lion’s den, and You delivered him. Lord, we thank You for all the many things You have delivered this nation from in our great history. God, I ask that You would look down upon this body, that You would guide the thoughts and the decisions that are made in this chamber today and in the days to come. Help us, Lord, to lead Your people. Please pour down Your blessings upon each and every one. Lord, You know the hearts and minds of each and every person here. We ask, God, that You would bless us and the great state of Michigan and the United States of America. In Jesus’ name, we pray. Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Emmons, Booher and Gregory entered the Senate Chamber. enator Kowall moved that Senators Casperson and Robertson be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Johnson be temporarily excused from today’s session. S The motion prevailed. The Secretary announced that the following House bill was received in the Senate and filed on Tuesday, March 3: House Bill No.  4051 Third Reading of Bills Senator Robertson entered the Senate Chamber. Senator Kowall moved that the following bill be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 86 The motion prevailed. The following bill was read a third time: Senate Bill No. 86, entitled A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending section 518 (MCL 141.2518), as amended by 2014 PA 297. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 21] [March 4, 2015] JOURNAL OF THE SENATE Roll Call No. 36 243 Yeas—36 Ananich Hertel Bieda Hildenbrand Booher Hood Brandenburg Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Hansen Knollenberg Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Smith O’Brien Stamas Pavlov Warren Proos Young Robertson Zorn Nays—0 Excused—2 Casperson Johnson Not Voting—0 In The Chair: Schuitmaker enator Kowall moved to reconsider the vote by which the bill was passed. S The question being on the motion to reconsider, Senator Kowall moved that further consideration of the bill be postponed temporarily. The motion prevailed. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Hansen as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 108, entitled A bill to amend 1989 PA 24, entitled “The district library establishment act,” by amending section 2 (MCL 397.172), as amended by 2005 PA 60. House Bill No. 4078, entitled A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2015; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations. The bills were placed on the order of Third Reading of Bills. During the Committee of the Whole, Senator Casperson entered the Senate Chamber. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Johnson entered the Senate Chamber. 244 JOURNAL OF THE SENATE [March 4, 2015] [No. 21 By unanimous consent the Senate returned to consideration of the following bill: Senate Bill No. 86, entitled A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending section 518 (MCL 141.2518), as amended by 2014 PA 297. (This bill was passed earlier today and the motion to reconsider the vote postponed. See p. 242.) The question being on the motion to reconsider the vote by which the bill was passed, The motion prevailed, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 37 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolution be postponed for today: S Senate Resolution No. 9 The motion prevailed. enators Colbeck, Meekhof and Proos offered the following concurrent resolution: S Senate Concurrent Resolution No. 5. A concurrent resolution to request the United States Congress to enact legislation and the U.S. Department of Health and Human Services to promulgate rules that would promote the opportunity for consumers to choose Direct Primary Care Services as an integral part of their health care plan. Whereas, Direct Primary Care Services (DPCS) provides patients with low-cost access to primary care services that promote preventative care; and Whereas, Access to preventative care provided by primary care service providers has been demonstrated to reduce hospitali­ zation, improve health outcomes for consumers, and lower the premiums for catastrophic insurance plans; and Whereas, Gaps in health care services provided by DPCS can be filled with wraparound insurance plans at a much lower cost than traditional insurance plans inclusive of primary care services; and No. 21] [March 4, 2015] JOURNAL OF THE SENATE 245 hereas, Section 10104 of the Affordable Care Act (ACA) allows for Direct Primary Care Medical Home Plans; and W Whereas, Section 1301 of the ACA requires a Qualified Health Plan; and Whereas, Section 1302 of the ACA requires health coverage that meets the minimum essential benefit requirements in order to avoid tax penalties from the Internal Revenue Service; and Whereas, DPCS used in concert with wraparound insurance plans provides a means of satisfying the requirements of the ACA in a manner that lowers the cost of health care, expands access to care, and improves the quality of care received; and Whereas, The current federal tax code treats direct care membership as a form of insurance, inhibiting individuals from opening Health Savings Accounts if they are also enrolled in a high-deductible insurance plan; and Whereas, Current law allows direct primary care practices to be treated as medical home services if the practices meet certain requirements. The U.S. Department of Health and Human Services is responsible for setting these requirements, but has not yet done so; and Whereas, Current law features balanced billing limitations that require physicians to drop out of Medicare for two years if they accept direct payment from Medicare beneficiaries; now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That we request the United States Congress to enact legislation reforming the federal tax code to allow direct primary care payment for services through tax-deferred or taxexempt accounts, such as Health Savings Accounts; and be it further Resolved, That we request the United States Congress to enact legislation and the U.S. Department of Health and Human Services to promulgate rules that explicitly allow medical home services to include direct primary care arrange­ments; and be it further Resolved, That we request the United States Congress to enact legislation and the U.S. Department of Health and Human Services to promulgate rules that allow Medicare patients to pay doctors directly outside of the traditional Medicare program; and be it further Resolved, That we request the United States Congress to enact legislation and the U.S. Department of Health and Human Services to promulgate rules that encourage states to enable Medicaid patients to pay doctors directly for routine medical services; and be it further Resolved, That copies of this resolution be transmitted to the Secretary of the U.S. Department of Health and Human Services, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the concurrent resolution, Senator Kowall moved that the concurrent resolution be referred to the Committee on Health Policy. The motion prevailed. Senators Brandenburg, Emmons, Marleau and Zorn were named co‑sponsors of the concurrent resolution. Introduction and Referral of Bills Senator Schuitmaker introduced Senate Bill No. 174, entitled A bill to amend 1974 PA 300, entitled “Motor vehicle service and repair act,” by amending section 2 (MCL 257.1302), as amended by 1988 PA 254. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Schuitmaker introduced Senate Bill No. 175, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12f of chapter XVII (MCL 777.12f), as amended by 2014 PA 220. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Schuitmaker introduced Senate Bill No. 176, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 20d, 212, 304, 319, 625k, and 625l (MCL 257.20d, 257.212, 257.304, 257.319, 257.625k, and 257.625l), section 20d as added by 2008 PA 462, section 212 as amended by 2002 PA 534, section 304 as amended by 2013 PA 226, section 319 as amended by 2012 PA 306, and sections 625k and 625l as amended by 2008 PA 461. The bill was read a first and second time by title and referred to the Committee on Judiciary. 246 JOURNAL OF THE SENATE [March 4, 2015] [No. 21 Senator Hune introduced Senate Bill No. 177, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1301, 1311, 1312, 1315, 1325, 1333, 1341, 1343, 1351, 1355, and 1371 (MCL 500.1301, 500.1311, 500.1312, 500.1315, 500.1325, 500.1333, 500.1341, 500.1343, 500.1351, 500.1355, and 500.1371), sections 1301, 1312, 1315, 1351, and 1371 as amended by 1992 PA 182, section 1311 as amended by 2010 PA 61, section 1325 as amended by 1994 PA 227, section 1341 as amended by 1994 PA 443, and section 1343 as amended by 1995 PA 219, and by adding sections 1325a and 1357. The bill was read a first and second time by title and referred to the Committee on Insurance. Senator Hune introduced Senate Bill No. 178, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2108 and 2406 (MCL 500.2108 and 500.2406), section 2406 as amended by 1993 PA 200, and by adding chapter 17. The bill was read a first and second time by title and referred to the Committee on Insurance. Senators Casperson, Booher, Schuitmaker, Robertson, Marleau, Schmidt, Zorn, Kowall, Green, Hansen, Jones and Colbeck introduced Senate Bill No. 179, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 73301 (MCL 324.73301), as amended by 2007 PA 174. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4051, entitled A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, admin­ istration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 28 (MCL 205.28), as amended by 2014 PA 240. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. Committee Reports COMMITTEE ATTENDANCE REPORT he Committee on Natural Resources submitted the following: T Joint meeting held on Tuesday, March 3, 2015, at 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, March 3, 2015, at 12:00 noon, Room 110, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Tuesday, March 3, 2015, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood No. 21] [March 4, 2015] JOURNAL OF THE SENATE 247 COMMITTEE ATTENDANCE REPORT he Subcommittee on Community Health submitted the following: T Meeting held on Tuesday, March 3, 2015, at 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Marleau (C), Shirkey, Hansen and Hertel COMMITTEE ATTENDANCE REPORT he Subcommittee on K-12, School Aid, Education submitted the following: T Meeting held on Wednesday, March 4, 2015, at 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hansen (C), Pavlov and Hopgood Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesdays, March 10, March 17, and March 24, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Community Colleges - Wednesday, March 25, 9:00 a.m., Room 405, Capitol Building (373-2768) Corrections - Thursdays, March 5 and March 26, 9:00 a.m. and Tuesday, March 10, 8:00 a.m., Room 405, Capitol Build­ ing; March 12 (CANCELED) and March 19, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768) Environmental Quality - Tuesdays, March 10, March 17, and March 24, 1:30 p.m., Room 210, Farnum Building (373-2768) General Government - Thursdays, March 5, March 12, March 19, and March 26, 8:30 a.m., Room 100, Farnum Build­ ing (373-2768) Higher Education - Wednesday, March 18, 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Human Services - Thursday, March 5, 2:00 p.m., Room 100, Farnum Building (373-2768) Judiciary - Wednesdays, March 11, March 18, and March 25, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) K-12, School Aid, Education - Wednesdays, March 11, March 18, and March 25, 8:30 a.m., Senate Appro­pria­ tions Room, 3rd Floor, Capitol Building (373-2768) K-12, School Aid, Education and House School Aid Appropriations Subcommittee - Thursday, March 5, 8:00 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-2768) Licensing and Regulatory Affairs - Thursday, March 5, 11:30 a.m., Room 110, Farnum Building (373-2768) Natural Resources - Tuesdays, March 10, March 17, and March 24, 1:00 p.m., Room 210, Farnum Building (373-2768) State Police and Military Affairs - Thursdays, March 5 (CANCELED), March 12 (CANCELED), and March 26 (CANCELED), 1:00 p.m.; Tuesdays, March 10 and March 24, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursdays, March 5, 9:00 a.m.; March 12 (CANCELED), March 19, and March 26, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Economic Development - Thursday, March 5, 1:30 p.m., Room 210, Farnum Building (373-5312) Energy and Technology - Thursday, March 5, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Michigan State Capitol Commission - Monday, March 9, 11:00 a.m., Room H-65, Capitol Building (373-0184) 248 JOURNAL OF THE SENATE [March 4, 2015] [No. 21 Transportation - Thursday, March 5, 9:15 a.m., Room 210, Farnum Building (373-5323) Veterans, Military Affairs and Homeland Security - Thursday, March 5, 2:00 p.m., Room 110, Farnum Building (373‑5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:19 a.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, March 5, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 22 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, March 5, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—excused Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—excused Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 250 JOURNAL OF THE SENATE [March 5, 2015] [No. 22 everend Mark Neymeiyer of Rusk Christian Reformed Church of Allendale offered the following invocation: R This is God’s word from Colossians 1:15-23: “He is the image of the invisible God, the firstborn of all creation. For by him all things were created: things in heaven and on earth, visible and invisible, whether thrones or powers or rulers or authorities; all things were created by him and for him. “He is before all things, and in him all things hold together. And he is the head of the body, the church; he is the begin­ ning and the firstborn from among the dead, so that in everything he might have supremacy. For God was pleased to have all his fullness dwell in him, and through him to reconcile to himself all things, whether things on earth or things in heaven, by making peace through his blood, shed on the cross. “Once you were alienated from God and were enemies in your minds because of your evil behavior. But now he has reconciled you by Christ’s physical body through death to present you holy in his sight, without blemish and free from accusation—if you continue in your faith, established and firm, and do not move from the hope held out in the gospel. This is the gospel that you heard and that has been proclaimed to every creature under heaven, and of which I, Paul, have become a servant.” God, our Father in heaven, Your name is holy. May Your kingdom increase. May Your plans be accomplished on this day in this place. We pray that what is said and done today in this place will match Your perfect will in heaven. Provide for these men and women who represent the citizens of Michigan and the United States of America. Grant to each of them Your strength and Your wisdom. Lord Jesus, we acknowledge Your reign over all things, including our state, our nation, and each of our lives. We ask that You bring forgiveness when we have wronged You and when we have wronged one another. May each one here seek forgiveness through Your blood shed for us on the cross. Cause us to seek You while You may be found. Holy Spirit, we need Your power in this place and guidance according to the high standards of Your word, the Bible. We pray this all in the name of Jesus Christ and for His sake. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Hood moved that Senators Ananich and Johnson be excused from today’s session. S The motion prevailed. The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, March 4, for his approval the following bills: Enrolled Senate Bill No. 34 at 1:45 p.m. Enrolled Senate Bill No. 35 at 1:47 p.m. The Secretary announced that the following bills were printed and filed on Wednesday, March 4, and are available at the Michigan Legislature website: Senate Bill Nos. 169 170 171 172 173 174 175 176 177 178 179 Messages from the Governor The following messages from the Governor were received: Date: March 4, 2015 Time: 1:56 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 34 (Public Act No. 3), being An act to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers No. 22] [March 5, 2015] JOURNAL OF THE SENATE 251 and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 2a, 4, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5j, 5k, 5l, 5o, and 8 (MCL 28.421, 28.422a, 28.424, 28.425, 28.425a, 28.425b, 28.425c, 28.425d, 28.425e, 28.425f, 28.425j, 28.425k, 28.425l, 28.425o, and 28.428), section 1 as amended by 2014 PA 203, section 2a as amended by 2013 PA 3, section 4 as amended by 2014 PA 6, sections 5 and 5a as added by 2000 PA 381, section 5b as amended by 2014 PA 207, sections 5c and 5d as amended by 2002 PA 719, section 5e as amended by 2014 PA 204, sections 5f and 5k as amended by 2012 PA 123, section 5j as amended by 2004 PA 254, section 5l as amended by 2012 PA 32, section 5o as amended by 2014 PA 206, and section 8 as amended by 2008 PA 406, and by adding section 5x; and to repeal acts and parts of acts. (Filed with the Secretary of State on March 4, 2015, at 2:20 p.m.) Date: March 4, 2015 Time: 1:58 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 35 (Public Act No. 4), being An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and com­pen­sation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2012 PA 124. (Filed with the Secretary of State on March 4, 2015, at 2:22 p.m.) Respectfully, Rick Snyder Governor By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator Green introduced Senate Bill No. 180, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 303a, 401, and 601 (MCL 339.303a, 339.401, and 339.601), section 303a as amended by 2014 PA 265, section 401 as amended by 1988 PA 463, and sec­ tion 601 as amended by 2008 PA 319, and by adding article 14. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senator Bieda introduced Senate Bill No. 181, entitled A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending section 2 (MCL 15.232), as amended by 1996 PA 553. The bill was read a first and second time by title and referred to the Committee on Government Operations. 252 JOURNAL OF THE SENATE [March 5, 2015] [No. 22 Senators Jones and Hansen introduced Senate Bill No. 183, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 682 (MCL 257.682), as amended by 2012 PA 263. The bill was read a first and second time by title and referred to the Committee on Transportation. Senators Jones, Kowall and Zorn introduced Senate Bill No. 184, entitled A bill to amend 1990 PA 271, entitled “Limousine transportation act,” by amending the title and sections 3, 5, 7, 11, 13, 14, 15, 17, 19, 21, 23, 25, 27, 29, 31, and 37 (MCL 257.1903, 257.1905, 257.1907, 257.1911, 257.1913, 257.1914, 257.1915, 257.1917, 257.1919, 257.1921, 257.1923, 257.1925, 257.1927, 257.1929, 257.1931, and 257.1937), section 7 as amended by 2000 PA 487, and by adding section 8. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators MacGregor, Horn, Casperson, Green, Pavlov and Robertson introduced Senate Bill No. 185, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3101 and 3112a (MCL 324.3101 and 324.3112a), section 3101 as amended by 2006 PA 97 and section 3112a as amended by 2004 PA 72, and by adding section 3109f. The bill was read a first and second time by title and referred to the Committee on Natural Resources. Senators Stamas, Proos, Knezek, Schmidt, Brandenburg, Hopgood, Green, Casperson, Booher and Jones introduced Senate Bill No. 186, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding sections 811cc, 811dd, 811ee, 811ff, and 811gg. The bill was read a first and second time by title and referred to the Committee on Transportation. Senator Jones introduced Senate Bill No. 187, entitled A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by amending sections 2, 3, 3a, 4, 4a, 8, 9, 10, 11b, 12, 13, 14, 15, 16, and 19 (MCL 432.102, 432.103, 432.103a, 432.104, 432.104a, 432.108, 432.109, 432.110, 432.111b, 432.112, 432.113, 432.114, 432.115, 432.116, and 432.119), sections 2 and 9 as amended by 2008 PA 401, sections 3, 4a, and 12 as amended by 2012 PA 189, sections 3a, 8, 10, and 11b as amended by 2006 PA 427, sections 4, 13, 14, 15, and 16 as amended by 1999 PA 108, and section 19 as amended by 1995 PA 263, and by adding article 2; to designate sections 1 to 20 as article 1; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Zorn and Jones introduced Senate Bill No. 188, entitled A bill to amend 1990 PA 271, entitled “Limousine transportation act,” by amending the title and sections 3, 5, 7, 9, 11, 13, 19, 21, 23, 25, 27, 29, 31, 33, 35, and 37 (MCL 257.1903, 257.1905, 257.1907, 257.1909, 257.1911, 257.1913, 257.1919, 257.1921, 257.1923, 257.1925, 257.1927, 257.1929, 257.1931, 257.1933, 257.1935, and 257.1937), section 7 as amended by 2000 PA 487, by designating sections 3 to 39 as article 1, and by adding article 2. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Casperson, Horn, Booher, Robertson and Emmons introduced Senate Bill No. 189, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 2421b, 2421c, 2421d, and 2421e (MCL 600.2421b, 600.2421c, 600.2421d, and 600.2421e), as added by 1984 PA 197. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senators Robertson, Casperson, Horn, Booher and Emmons introduced Senate Bill No. 190, entitled A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 123 (MCL 24.323), as added by 1984 PA 196. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. No. 22] [March 5, 2015] JOURNAL OF THE SENATE 253 By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 108 House Bill No. 4078 The motion prevailed. The following bill was read a third time: Senate Bill No. 108, entitled A bill to amend 1989 PA 24, entitled “The district library establishment act,” by amending section 2 (MCL 397.172), as amended by 2005 PA 60. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 38 Yeas—36 Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Hansen Knollenberg Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Smith O’Brien Stamas Pavlov Warren Proos Young Robertson Zorn Nays—0 Excused—2 Ananich Johnson Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4078, entitled A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2015; to provide for the expenditure of the appropriations; and to prescribe certain conditions for the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 254 Roll Call No. 39 JOURNAL OF THE SENATE [March 5, 2015] [No. 22 Yeas—31 Booher Hood Marleau Schuitmaker Casperson Hopgood Meekhof Shirkey Emmons Horn Nofs Smith Green Jones O’Brien Stamas Gregory Knezek Pavlov Warren Hansen Knollenberg Proos Young Hertel Kowall Robertson Zorn Hildenbrand MacGregor Schmidt Nays—5 Bieda Colbeck Hune Rocca Brandenburg Excused—2 Ananich Johnson Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. Senator Booher asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Booher’s statement is as follows: House Bill No. 4078 provides funding for the Natural Resources Trust Fund projects across the state. Specifically, it includes $18.2 million for 25 acquisition projects and $6.5 million for 44 development projects for a total of $24.7 million. I am supporting this bill today. However, there are some issues that I plan to follow up on and review in greater detail. In looking at the bill, I asked the DNR a lot of questions. Even though some people may think we need to just rubber stamp the recommendations made by the Natural Resources Trust Fund board, I believe it’s the Legislature’s responsibility to carefully review the list of projects just as we should all state spending. I do appreciate the answers provided by the department to my questions. However, the answers led to additional issues that I think must be addressed; issues like the setting aside of NRTF money in separate funds by the DNR instead of maxi­mizing the amount used for development projects; how much land the state already owns and how much is enough; and the restrictions on the use of state land. So, while I am voting for this bill today, I wanted to publicly note that I will continue working on these issues to make some needed reforms to the trust fund management process and public land management in Michigan. By unanimous consent the Senate proceeded to the order of Resolutions enate Resolution No. 9. S A resolution to support the Marquette County Road Commission’s appeal of the U.S. Environmental Protection Agency’s objection to the planned construction of County Road 595. No. 22] [March 5, 2015] JOURNAL OF THE SENATE 255 he question being on the adoption of the resolution, T Senator Kowall requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The resolution was adopted, a majority of the members voting therefor, as follows: Roll Call No. 40 Yeas—35 Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hood Marleau Schuitmaker Casperson Hopgood Meekhof Shirkey Colbeck Horn Nofs Smith Emmons Hune O’Brien Stamas Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Knollenberg Robertson Nays—1 Warren Excused—2 Ananich Johnson Not Voting—0 In The Chair: President Statements Senators Colbeck, Hood and Young asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Colbeck’s statement is as follows: Yesterday, we had opening arguments on the King v. Burwell case, and I’d like to paint what the implications potentially could be in Michigan, depending on how that case is decided. At the heart of this case is whether or not subsidies would be allowed to be provided through the federal exchange in the state of Michigan, one of those states that actually opted for the federal exchange. If the case is decided in favor of the plaintiff, King, those subsidies would no longer be allowed. There were a lot of variations possible on how those decisions and how that’s actually specified, but I want to make sure we understand from our colleagues what the implications on this are. On the surface, it would seem to be that if we don’t get the subsidies, it’s really going to hurt the state of Michigan. It’s important for people to know there’s an additional provision in that law in Section 5000a that says if the cost of the plan exceeds 8 percent of the personal household income, then you are not subject to the mandate. In essence, anyone who cannot meet that threshold would not be subject to the mandate. Now that’s the essence of a get-out-of-Obamacare-free card, and for a lot of our citizens who are feeling the pinch of increasing premiums and increasing deductibles, that is a very good thing. I think it’s important that this so-called Affordable Care Act—I think we’re going to get a good example of why it’s so unaffordable, depending on how this Supreme Court case gets decided—needs to be conveyed to the ash heap of history. 256 JOURNAL OF THE SENATE [March 5, 2015] [No. 22 A decision is due out in the June time frame. I think that for the state of Michigan it’s important to adopt an exploit-thenrepeal strategy that we exploit as many of the free market loopholes available as possible, especially the Sec­tion 10104 that allows for direct primary care services. Expand that market as much as possible so that we finally get to the point where we can repeal the whole law. That will be just a pin prick and not noticed by innocent citizens depending on good, quality care that’s affordable for their families. I just want to make sure that our colleagues are advised on that. enator Hood’s statement is as follows: S I just want to remind everyone here as the weather reaches another cold spell in the days ahead of us—these past couple of weeks, we’ve had subzero degrees and single-digit temperatures—but as we sit here and do our business, there are folks at home who are homeless, who are cold, who are shut out, who have fallen on hard times, and need some help. If you could visit one of the warming centers or a homeless center, or if your municipality doesn’t have a warming shelter, please encourage your local municipality to start one, because we know that there are folks in Michigan who are struggling right now because of the economic times. We’re doing the best we can do to turn this state around, but there are folks out there as we drive back home who are struggling. If you stand outside for five, ten, or fifteen minutes, it’s really cold. We think it’s cold walking from our meetings from one office building to another. Think about those who are standing out there and don’t have a place to go, who don’t have gloves, who don’t have a hat, and some even don’t have a coat. As we go back to our districts this weekend, think about those folks. If you get a chance, reach your hand out and pull some­one else up. Give them a helping hand in any way you can. Those are the unfortunate ones whom we’re missing in this process. enator Young’s statement is as follows: S I’d like to start with a quote. James Weldon Johnson put it eloquently. He said: “We have come over a way that with tears hath been watered, We have come treading our path through the blood of the slaughtered, Out of the gloomy past, Till now we stand at last Where the white gleam of our bright star is cast.” Colleagues, I rise today to speak about a very special anniversary taking place this weekend. It is the 50th anniversary of Bloody Sunday, the march in Selma, Alabama, that took place in March 7, 1965. Dr. Martin Luther King, Jr., and Congress­ man John Lewis led 600 nonviolent protestors across the Alabama River to raise awareness about civil inequality and the Voting Rights Act. Despite being met with great opposition, the crowd continued on and grew to 25,000. The nonviolent protestors were abused by police officers. They were shot with tear gas and beaten with night sticks. They were even hit with whips. Fifty years later, we honor their legacy by remembering the sacrifices that they went through to ensure a better future for generations to come. People from around Michigan will be heading to Selma this weekend. Even our colleague, Senator Bert Johnson, will also be going. I assure you that I will be with them in spirit. It is important to keep fighting and standing up for civil rights, because we continue to see civil unrest throughout our country, whether it was Michael Brown in Ferguson, whether it was Eric Garner in New York, or whether it is voting rights being assaulted through state laws across the country. It is true about that quote that the price for victory is eternal vigilance. We do this by standing up for what is right and continuing to talk about what is going on in our country. The conversation will continue as long as we see every AfricanAmerican man, woman, and child mistreated by systemic inequality and institutional racism. Every single person in this country deserves equal treatment. This country was founded on affirming—not denying—man’s rights. With us here in Michigan and Senator Bert Johnson in Selma, Alabama, we can do our part in not only honoring the protestors’ legacies, but by continuing where they left off. I would just like to say in conclusion that even though they assassinated Martin Luther King, his fatality gave immor­ tality to the Civil Rights Movement. We have a responsibility to pass that torch to the next generation. Let’s do that together. Committee Reports The Committee on Judiciary reported Senate Bill No. 31, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 81f. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson No. 22] [March 5, 2015] JOURNAL OF THE SENATE 257 To Report Out: Yeas: Senators Jones, Schuitmaker and Bieda Nays: Senator Colbeck The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 32, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2012 PA 365. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker and Bieda Nays: Senator Colbeck The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 151, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16 of chapter X (MCL 770.16), as amended by 2011 PA 212. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, March 3, 2015, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda The Committee on Banking and Financial Institutions reported Senate Bill No. 160, entitled A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 36a (MCL 117.36a), as amended by 2011 PA 143. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Darwin L. Booher Chairperson To Report Out: Yeas: Senators Booher, O’Brien, Nofs, Zorn, MacGregor, Rocca and Hertel Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Banking and Financial Institutions submitted the following: T Meeting held on Tuesday, March 3, 2015, at 2:30 p.m., Room 100, Farnum Building Present: Senators Booher (C), O’Brien, Nofs, Zorn, MacGregor, Rocca and Hertel Absent: Senator Smith 258 JOURNAL OF THE SENATE [March 5, 2015] [No. 22 The Committee on Finance reported Senate Bill No. 24, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2014 PA 40. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Finance reported Senate Bill No. 100, entitled A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, admin­ istration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 22 (MCL 205.22), as amended by 2007 PA 194. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson and Proos Nays: Senators Bieda and Warren The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Finance reported Senate Bill No. 106, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4o (MCL 205.54o), as amended by 2004 PA 173. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Finance submitted the following: T Meeting held on Tuesday, March 3, 2015, at 2:30 p.m., Room 210, Farnum Building Present: Senators Brandenburg (C), Robertson, Knollenberg, Casperson, Proos, Bieda and Warren No. 22] [March 5, 2015] JOURNAL OF THE SENATE 259 The Committee on Regulatory Reform reported Senate Bill No. 161, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 103, 316, and 2404b (MCL 339.103, 339.316, and 339.2404b), section 103 as amended by 1994 PA 257, section 316 as amended by 1998 PA 90, and sec­ tion 2404b as amended by 2014 PA 175, and by adding article 14A; and to repeal acts and parts of acts. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, Marleau, Hune, Warren, Hertel and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Regulatory Reform reported Senate Bill No. 162, entitled A bill to amend 1968 PA 330, entitled “Private security business and security alarm act,” by amending the title and sections 2, 3, 4, 5, 6, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 22, 25, 26, 29, 31, and 33 (MCL 338.1052, 338.1053, 338.1054, 338.1055, 338.1056, 338.1058, 338.1059, 338.1060, 338.1061, 338.1063, 338.1064, 338.1065, 338.1066, 338.1067, 338.1068, 338.1072, 338.1075, 338.1076, 338.1079, 338.1081, and 338.1083), the title and sections 3, 4, 8, 14, 17, 25, and 29 as amended by 2010 PA 68, section 2 as amended by 2012 PA 581, sections 6 and 9 as amended by 2014 PA 128, sections 10, 13, 18, and 31 as amended by 2002 PA 473, section 11 as amended by 2004 PA 270, and sections 22 and 33 as amended by 2000 PA 411, and by adding section 15a; and to repeal acts and parts of acts. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, Marleau, Hune, Warren, Hertel and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Regulatory Reform reported Senate Bill No. 163, entitled A bill to amend 2012 PA 580, entitled “Security alarm systems act,” by amending section 2 (MCL 338.2182). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, Marleau, Hune, Warren, Hertel and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Regulatory Reform reported Senate Bill No. 164, entitled A bill to amend 1979 PA 152, entitled “State license fee act,” (MCL 338.2201 to 338.2277) by adding section 33. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Kowall, Marleau, Hune, Warren, Hertel and Johnson Nays: Senator Knollenberg The bill was referred to the Committee of the Whole. 260 JOURNAL OF THE SENATE [March 5, 2015] [No. 22 COMMITTEE ATTENDANCE REPORT he Committee on Regulatory Reform submitted the following: T Meeting held on Wednesday, March 4, 2015, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Rocca (C), Jones, Knollenberg, Kowall, Marleau, Hune, Warren, Hertel and Johnson COMMITTEE ATTENDANCE REPORT he Committee on Commerce submitted the following: T Meeting held on Wednesday, March 4, 2015, at 9:00 a.m., Room 210, Farnum Building Present: Senators Schmidt (C), Kowall, MacGregor, Nofs and Hertel COMMITTEE ATTENDANCE REPORT he Committee on Outdoor Recreation and Tourism submitted the following: T Meeting held on Wednesday, March 4, 2015, at 12:30 p.m., Room 110, Farnum Building Present: Senators Hansen (C), Zorn, Schmidt and Green Excused: Senator Johnson COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, March 4, 2015, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Excused: Senator Schuitmaker COMMITTEE ATTENDANCE REPORT he Joint Subcommittee on Capital Outlay submitted the following: T Meeting held on Wednesday, March 4, 2015, at 4:00 p.m., House Appropriations Room, 3rd Floor, Capitol Building Present: Senators Booher (C), Nofs, Schuitmaker, Hansen, MacGregor and Gregory Excused: Senator Hertel COMMITTEE ATTENDANCE REPORT he Subcommittee on K-12, School Aid, Education submitted the following: T Joint meeting held on Thursday, March 5, 2015, at 8:00 a.m., House Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hansen (C), Pavlov and Hopgood COMMITTEE ATTENDANCE REPORT he Subcommittee on Corrections submitted the following: T Meeting held on Thursday, March 5, 2015, at 9:00 a.m., Room 405, Capitol Building Present: Senators Proos (C), Knollenberg and Gregory COMMITTEE ATTENDANCE REPORT he Subcommittee on Transportation submitted the following: T Meeting held on Thursday, March 5, 2015, at 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hansen (C) and Knollenberg Excused: Senator Young No. 22] [March 5, 2015] JOURNAL OF THE SENATE 261 Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesdays, March 10, March 17, and March 24, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Community Colleges - Wednesday, March 25, 9:00 a.m., Room 405, Capitol Building (373-2768) Corrections - Tuesday, March 10, 8:00 a.m., and Thursday, March 26, 9:00 a.m., Room 405, Capitol Building; Thursdays, March 12 (CANCELED) and March 19, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768) Environmental Quality - Tuesdays, March 10, March 17, and March 24, 1:30 p.m., Room 210, Farnum Building (373-2768) General Government - Thursdays, March 12, March 19, and March 26, 8:30 a.m., Room 100, Farnum Building (373-2768) Higher Education - Wednesday, March 18, 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Human Services and House Human Services Appropriations Subcommittee - Thursday, March 12, 2:00 p.m., House Appropriations Room, 3rd Floor, Capitol Building (373-2768) Judiciary - Wednesdays, March 11 (CANCELED), March 18, and March 25, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) K-12, School Aid, Education - Wednesdays, March 11, March 18, and March 25, 8:30 a.m., Senate Appropria­ tions Room, 3rd Floor, Capitol Building (373-2768) Natural Resources - Tuesdays, March 10, March 17, and March 24, 1:00 p.m., Room 210, Farnum Building (373-2768) State Police and Military Affairs - Thursdays, March 12 (CANCELED) and March 26 (CANCELED), 1:00 p.m.; Tuesdays, March 10 and March 24, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursdays, March 12 (CANCELED), March 19, and March 26, 8:30 a.m., Senate Appropria­ tions Room, 3rd Floor, Capitol Building (373-2768) Michigan State Capitol Commission - Monday, March 9, 11:00 a.m., Room H-65, Capitol Building (373-0184) Natural Resources and House Natural Resources - Tuesday, March 10, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:36 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, March 10, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 262 No. 23 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, March 10, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—excused Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 264 JOURNAL OF THE SENATE [March 10, 2015] [No. 23 Pastor Richard Gerten of Family Bible Church of Marshall offered the following invocation: Our Heavenly Father, today we welcome You to this place of leadership. In doing so, I give You thanks for this day that You have created and for the opportunity that You have afforded each and every one of us here together in service to You, each other, and the citizens of the state of Michigan. I thank You for the Senators, their support staff, our Governor, those who serve in the House, and all who make up our state government. Help all to remember that You are the source of all wisdom, understanding, and knowledge. As a prophet, Isaiah proclaimed that as the heavens are higher than the earth, so are Your ways and thoughts far above our thoughts. You not only see today, but You see our tomorrows. I, therefore, ask You this day to impart Your ways, Your thoughts, wisdom, understanding, and knowledge on those who compose this governing body; that they may govern with the wisdom that comes from above, knowing that their decisions not only affect this day, but the days to come. Help each of us to remember that ultimately we serve You and will answer to You for the decisions that we make, whether great or small. Dear Lord, in these days when in the world we see terror, we thank You for Your protection You have afforded us in our state and in the United States of America, and we ask You for the same protection in the days that are to come. I especially want to thank You for those who serve in the military from the state of Michigan, and I ask for Your protection and care upon them as well. We submit this session to You, seeking Your blessing and direction. May You be the source of inspiration and cooperation for the Senate, for the state of Michigan, and the issues before them. Thank You for hearing us as we pray. I ask these things in the name of our Savior and Lord Jesus Christ. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Young entered the Senate Chamber. The following communication was received and read: Office of the Auditor General March 6, 2015 nclosed is a copy of the following audit report: E Financial audit of the Michigan Strategic Fund (MSF), a discretely presented component unit of the State of Michigan, for the fiscal year ended September 30, 2014. Sincerely, Doug Ringler Auditor General The audit report was referred to the Committee on Government Operations. The Secretary announced that the following House bill was received in the Senate and filed on Thursday, March 5: House Bill No. 4059 The Secretary announced that the following bills were printed and filed on Thursday, March 5, and are available at the Michigan Legislature website: House Bill Nos. 4270 4271 4272 4273 4274 4275 4276 4277 4278 4279 4280 4281 4282 4283 4284 4285 4286 4287 4288 4289 4290 4291 4292 The Secretary announced that the following bills and joint resolution were printed and filed on Friday, March 6, and are available at the Michigan Legislature website: Senate Bill Nos. 180 181 183 184 185 186 187 188 189 190 House Bill Nos. 4293 4294 4295 4296 4297 4298 4299 4300 4301 4302 4303 4304 4305 4306 4307 4308 4309 4310 4311 4312 4313 4314 House Joint Resolution J enator Bieda moved that Senator Johnson be temporarily excused from today’s session. S The motion prevailed. Senator Bieda moved that Senator Hood be excused from today’s session. The motion prevailed. No. 23] [March 10, 2015] JOURNAL OF THE SENATE 265 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:07 a.m. 10:35 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator Johnson entered the Senate Chamber. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Hertel as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 52, entitled A bill to amend 2008 PA 176, entitled “Veterans welcome home act,” by amending section 2 (MCL 35.1232). Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Messages from the Governor The following messages from the Governor were received and read: February 25, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Gaming Control Board Robert L. Anthony IV of 49909 Jonathan Court, Northville, Michigan 48167, county of Wayne, representing Republicans, succeeding himself, is reappointed for a term expiring December 31, 2018. March 2, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Community Service Commission Beverly Grant of 4469 Kiononia Drive, S.E., Grand Rapids, Michigan 49525, county of Kent, representing individuals with expertise in the educational, training, and developmental needs of youth, particularly disadvantaged youth, succeeding Eric Wilson, is appointed for a term expiring October 1, 2017. March 3, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Education Trust Board of Directors Cheryl A. Bartholic of 3743 Kiskadee Lane, East Lansing, Michigan 48823, county of Ingham, representing persons with knowledge, skills, and experience in the academic, business, or financial fields, succeeding herself, is reappointed for a term expiring December 31, 2017. March 5, 2015 I respectfully submit to the Senate the following appointments to office: State Board of Ethics Mary Ann Middaugh of 35361 51st Avenue, Paw Paw, Michigan 49079, county of Van Buren, a Republican, succeeding herself, is reappointed for a term expiring February 7, 2019. Peter Webster of 32906 Balmoral Drive, Beverly Hills, Michigan 48025, county of Oakland, a Republican, succeeding himself, is reappointed for a term expiring February 7, 2019. 266 JOURNAL OF THE SENATE [March 10, 2015] [No. 23 March 5, 2015 I respectfully submit to the Senate the following appointment to office: Health Information Technology Commission Peter J. Schonfeld of 7105 Cutler Road, Bath, Michigan 48808, county of Clinton, representing hospitals, succeeding Jim Lee, is appointed for a term expiring August 3, 2017. March 5, 2015 I respectfully submit to the Senate the following appointments to office: Chair - Human Trafficking Commission Carol L. Isaacs of 1733 Wyngarden Way, East Lansing, Michigan 48823, county of Ingham, is appointed for a term expiring at the pleasure of the Governor. uman Trafficking Commission H Mark C. Jansen of 1044 68th Street, S.E., Grand Rapids, Michigan 49508, county of Kent, representing individuals recommended by the Senate Majority Leader, is appointed for a term expiring March 1, 2017. Kathy M. Maitland of 6092 Higgins Avenue, Sterling Heights, Michigan 48314, county of Macomb, representing indi­vid­ uals recommended by the Senate Majority Leader, is appointed for a term expiring March 1, 2017. Herbert C. Smitherman, Jr., of 80 Virginia Park Street, Detroit, Michigan 48202, county of Wayne, representing individuals recommended by the Speaker of the House of Representatives, is appointed for a term expiring March 1, 2017. Kenneth L. Kurtz of 233 W. Pearl Street, Coldwater, Michigan 49036, county of Branch, representing individuals recom­ mended by the Speaker of the House of Representatives, is appointed for a term expiring March 1, 2017. Michelle M. Rick of 13605 Honeylocust Drive, DeWitt, Michigan 48820, county of Clinton, representing circuit court judges, is appointed for a term expiring March 1, 2017. David S. Leyton of 6321 West Cimarron Drive, Flint, Michigan 48532, county of Genesee, representing county prosecut­ing attorneys, is appointed for a term expiring March 1, 2017. Thomas J. Tiderington of 10844 Millwood Drive, Plymouth, Michigan 48170, county of Wayne, representing law enforce­ ment, is appointed for a term expiring March 1, 2017. March 5, 2015 I respectfully submit to the Senate the following appointments to office: Chair - Human Trafficking Health Advisory Board Erin Diamond of 29527 Oakview Lane, Livonia, Michigan 48154, county of Wayne, is appointed for a term expiring at the pleasure of the Governor. uman Trafficking Health Advisory Board H Brigette Robarge of 46032 Chatsworth Drive, Belleville, Michigan 48111, county of Wayne, representing human trafficking survivors, is appointed for a term expiring December 31, 2015. Ruth A. Rondon of 2955 Byron Center, Unit D, Wyoming, Michigan 49519, county of Kent, representing human trafficking survivors, is appointed for a term expiring December 31, 2016. Dena Nazer of 40 East Ferry Street, Detroit, Michigan 48202, county of Wayne, representing individuals licensed to practice medicine under part 170 or 175 and recommended by the Speaker of the House, is appointed for a term expiring December 31, 2017. Subburaman Sivakumar of 44433 Thornapple Lane, Northville, Michigan 48168, county of Wayne, representing individuals licensed to practice medicine under part 170 or 175 and recommended by the Senate Majority Leader, is appointed for a term expiring December 31, 2017. Erin Diamond of 29527 Oakview Lane, Livonia, Michigan 48154, county of Wayne, representing individuals with experi­ ence and expertise in the field of intervention in, or prevention of, human trafficking or treatment of human trafficking survivors, is appointed for a term expiring December 31, 2018. Jeffrey W. Jackson of 2311 Brighton Drive, S.E., Grand Rapids, Michigan 49506, county of Kent, representing mental health professionals, is appointed for a term expiring December 31, 2018. Sheila A. Meshinski of 16176 Sawmill Court, Macomb, Michigan 48042, county of Macomb, representing registered pro­ fessional nurses with experience in an emergency department, emergency room, or trauma center of a hospital, is appointed for a term expiring December 31, 2018. March 5, 2015 I respectfully submit to the Senate the following appointment to office: Committee on Juvenile Justice MaryAnn Sarosi of 1322 Brooklyn Drive, Ann Arbor, Michigan 48104, county of Washtenaw, representing law enforce­ ment and juvenile justice agencies, which may include state or local police, the local sheriff’s department, juvenile and family court judges, prosecutors, counsel for children and youth, and probation workers, succeeding Dorene Allen, is appointed for a term expiring December 31, 2017. No. 23] [March 10, 2015] JOURNAL OF THE SENATE 267 March 5, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Board of Pharmacy Cynthia M. Boston of 45419 Cass Avenue, Utica, Michigan 48317, county of Macomb, representing pharmacy technicians, is appointed for a term expiring June 30, 2018. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. Third Reading of Bills Senator Kowall moved that the following bill be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 72 The motion prevailed. The following bill was read a third time: Senate Bill No. 72, entitled A bill to amend 2008 IL 1, entitled “Michigan medical marihuana act,” by amending section 7 (MCL 333.26427). The question being on the passage of the bill, The bill was passed, 3/4 of the members serving voting therefor, as follows: Roll Call No. 41 Yeas—34 Ananich Hansen Kowall Robertson Bieda Hertel MacGregor Rocca Booher Hildenbrand Marleau Schmidt Brandenburg Hopgood Meekhof Schuitmaker Casperson Horn Nofs Shirkey Colbeck Hune O’Brien Smith Emmons Jones Pavlov Stamas Green Knezek Proos Zorn Gregory Knollenberg Nays—3 Johnson Warren Young Excused—1 Hood Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. 268 JOURNAL OF THE SENATE [March 10, 2015] [No. 23 By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator Smith introduced Senate Bill No. 182, entitled A bill to amend 2005 PA 280, entitled “Corridor improvement authority act,” by amending section 3 (MCL 125.2873), as amended by 2013 PA 68. The bill was read a first and second time by title and referred to the Committee on Economic Development. Senators Hansen and Jones introduced Senate Bill No. 191, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1f of chapter IX (MCL 769.1f), as amended by 2012 PA 331. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Pavlov and Casperson introduced Senate Bill No. 192, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 30103 (MCL 324.30103), as amended by 2014 PA 253. The bill was read a first and second time by title and referred to the Committee on Natural Resources. Senators Casperson and Pavlov introduced Senate Bill No. 193, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 30107a. The bill was read a first and second time by title and referred to the Committee on Natural Resources. Senators Bieda, Hopgood and Hertel introduced Senate Bill No. 194, entitled A bill to regulate political activity; to regulate certain candidates for elective office and state and local officials; to require financial statements and reports; to prescribe the powers and duties of certain state and local governmental officers and agencies; to impose fees; to prescribe penalties and civil sanctions; and to provide remedies. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senator Hune introduced Senate Bill No. 195, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17748 (MCL 333.17748), as amended by 2014 PA 413. The bill was read a first and second time by title and referred to the Committee on Health Policy. House Bill No. 4059, entitled A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 61 (MCL 38.1361), as amended by 2012 PA 464. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Education. Committee Reports The Committee on Transportation reported Senate Bill No. 84, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811z. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson No. 23] [March 10, 2015] JOURNAL OF THE SENATE 269 To Report Out: Yeas: Senators Casperson, Horn, Pavlov and Marleau Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, March 5, 2015, at 9:15 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood he Committee on Energy and Technology reported T Senate Concurrent Resolution No. 4. A concurrent resolution to memorialize the President of the United States and the U.S. Congress to support the continued and increased development and importation of oil derived from North American reserves and to urge the U.S. Secretary of State to approve the newly-routed Keystone XL pipeline application from TransCanada. (For text of resolution, see Senate Journal No. 6, p. 80.) With the recommendation that the following substitute (S-1) be adopted and that the concurrent resolution then be adopted: A concurrent resolution to urge the U.S. Congress to override the President of the United States’ veto of the Keystone XL pipeline application legislation and to encourage members of the U.S. Congress who did not originally support the legislation to vote in favor of it. Whereas, The United States relies—and will continue to rely for many years—on gasoline, diesel, and jet fuel, as well as renewable and alternative sources of energy. In order to fuel our economy, the United States will need more oil and natural gas while also requiring additional alternative energy sources; and Whereas, The United States accounts for around 20 percent of world energy consumption and is the world’s largest petroleum consumer. The United States consumes more than 18 million barrels of oil each day, and forecasts suggest this will not change for decades. Current crude oil imports amount to about 8 million barrels each day, approximately 45 percent of U.S. requirements. Even with new technology, oil discoveries, alternative fuels, and conservation efforts, the United States will remain dependent on imported energy for decades to come. A secure supply of crude oil is not only needed for Americans to continue to heat their homes, cook their food, and drive their vehicles, but to allow the U.S. economy to thrive and grow free from the potential threats and disruptions of crude oil supply from less secure parts of the world; and Whereas, The growing production of conflict-free oil from Canada’s oil sands and the Bakken Formation in Saskatchewan, Montana, North Dakota, and South Dakota can replace crude imported from countries that do not share American values. However, additional pipeline capacity to refineries in the U.S. Midwest and Gulf Coast is required; and Whereas, Increasing energy imports from Canada makes sense for the United States. Canada is a trusted neighbor with a stable democratic government, strong environmental standards—equal to that of the United States—and some of the most stringent human rights and worker protection laws in the world; and Whereas, Improvements in production technology have reduced the carbon footprint of Canadian oil sands development by 26 percent on a per-barrel basis since 1990. Oil sands production accounts for 6.9 percent of Canada’s greenhouse gas (GHG) emissions and 0.1 percent, or one-thousandth, of global GHG emissions. Total emissions from Canada’s oil sands sector was 61 megatons in 2012, equivalent to about 0.9 percent of U.S. GHG emissions. Oil sands crude has similar carbon dioxide emissions to other heavy oils and is 9 percent more carbon-intensive than the average crude refined in the United States on a wells-to-wheels basis; and Whereas, The 56 refineries in the Gulf Coast region provide a total refining capacity of approximately 9.2 million barrels per day (bpd), or half of U.S. refining capacity. In 2013, these refineries imported approximately 3.8 million bpd of crude oil from more than 30 countries, with the top three suppliers being Saudi Arabia (25 percent), Mexico (22 percent), and Venezuela (19 percent). Imports from Mexico and Venezuela are declining as production from these countries decreases and supply contracts expire. Once completed, TransCanada’s Keystone XL and Gulf Coast Expansion projects could displace roughly 40 percent of the oil the United States currently imports from the Persian Gulf and Venezuela; and Whereas, The Keystone XL pipeline project has been subject to the most thorough public consultation process of any proposed U.S. pipeline and the subject of multiple environmental impact statements and several U.S. Department of State studies. These analyses have concluded that it poses the least impact to the environment and is much safer than other modes of transporting crude oil; and Whereas, Pipelines are the safest method for the transportation of petroleum products when compared to other methods of transportation. The Keystone XL pipeline will replace the equivalent of 200 ocean tankers per year. This will reduce greenhouse gas emissions by as much as 19 million tons, or the equivalent of taking almost 4 million cars off the road; and 270 JOURNAL OF THE SENATE [March 10, 2015] [No. 23 Whereas, The original Keystone pipeline, which spans across the northern part of Missouri, supplies over 435,000 bpd of North American crude oil to American refineries in the Midwest. The Keystone XL pipeline will, when completed, have the capacity to carry over 800,000 bpd of North American crude oil to American refineries in the Gulf Coast region which will make its way back to Missouri in the form of gasoline, diesel, and jet fuel; and Whereas, The Keystone XL project will create approximately 9,000 construction jobs. The Gulf Coast project is a $2.3 bil­ lion project that will create approximately 4,000 construction jobs. Combined, they support yet another 7,000 manufacturing jobs. Seventy-five percent of the pipe used to build the Keystone XL application in the United States will come from North American mills, including half made by U.S. workers. Goods for the pipeline, valued at approximately $800 million, have already been sourced from U.S. manufacturers; and Whereas, The U.S. Congress recently passed legislation, the S.1 Keystone XL Pipeline Approval Act, approving construc­ tion of the Keystone XL pipeline application. However, the President vetoed the bill on February 24, 2015; now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That we urge the U.S. Congress to override the President of the United States’ veto of the Keystone XL pipeline application legislation and encourage members of the U.S. Congress who did not originally support the legislation to vote in favor of it so the necessary two-thirds majority is achieved in each chamber; and be it further Resolved, That copies of this resolution be transmitted to members of the U.S. Congress and the President of the United States. Mike Nofs Chairperson To Report Out: Yeas: Senators Nofs, Proos, Horn, Schuitmaker, Hune and Zorn Nays: Senators Hopgood, Knezek and Smith The concurrent resolution and the substitute recommended by the committee were placed on the order of Resolutions. COMMITTEE ATTENDANCE REPORT he Committee on Energy and Technology submitted the following: T Meeting held on Thursday, March 5, 2015, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Nofs (C), Proos, Horn, Schuitmaker, Hune, Zorn, Hopgood, Knezek and Smith Excused: Senator Shirkey COMMITTEE ATTENDANCE REPORT he Subcommittee on Judiciary submitted the following: T Meeting held on Wednesday, March 4, 2015, at 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Proos (C) and Young Excused: Senator Schuitmaker COMMITTEE ATTENDANCE REPORT he Subcommittee on General Government submitted the following: T Meeting held on Thursday, March 5, 2015, at 8:30 a.m., Room 100, Farnum Building Present: Senators Stamas (C), Nofs, Booher and Young COMMITTEE ATTENDANCE REPORT he Subcommittee on Licensing and Regulatory Affairs submitted the following: T Meeting held on Thursday, March 5, 2015, at 11:30 a.m., Room 110, Farnum Building Present: Senators Knollenberg (C), Marleau and Young COMMITTEE ATTENDANCE REPORT he Committee on Economic Development submitted the following: T Meeting held on Thursday, March 5, 2015, at 1:30 p.m., Room 210, Farnum Building Present: Senators Horn (C), Schmidt, Brandenburg, Stamas, Emmons and Bieda Excused: Senator Smith No. 23] [March 10, 2015] JOURNAL OF THE SENATE 271 COMMITTEE ATTENDANCE REPORT he Committee on Veterans, Military Affairs and Homeland Security submitted the following: T Meeting held on Thursday, March 5, 2015, at 2:00 p.m., Room 110, Farnum Building Present: Senators O’Brien (C), Emmons, Zorn, Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Subcommittee on Human Services submitted the following: T Meeting held on Thursday, March 5, 2015, at 2:00 p.m., Room 100, Farnum Building Present: Senators MacGregor (C), Proos and Gregory COMMITTEE ATTENDANCE REPORT he Subcommittee on Corrections submitted the following: T Meeting held on Tuesday, March 10, 2015, at 8:00 a.m., Room 405, Capitol Building Present: Senators Proos (C), Knollenberg and Gregory COMMITTEE ATTENDANCE REPORT he Subcommittee on State Police and Military Affairs submitted the following: T Meeting held on Tuesday, March 10, 2015, at 8:30 a.m., Rooms 402 and 403, Capitol Building Present: Senators Nofs (C), Colbeck and Knezek Scheduled Meetings Appropriations - Wednesday, March 11, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1801) Subcommittees Agriculture and Rural Development - Tuesdays, March 17 and March 24, 3:00 p.m., Rooms 402 and 403, Capitol  Building (373-2768) Capital Outlay - Wednesday, March 11, 4:00 p.m. or later after committees are given leave by the House to meet, House Appropriations Room, 3rd Floor, Capitol Building (373-8080) Community Colleges - Wednesday, March 25, 9:00 a.m., Room 405, Capitol Building (373-2768) Corrections - Thursdays, March 12 (CANCELED) and March 19, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower; and March 26, 9:00 a.m., Room 405, Capitol Building (373-2768) Environmental Quality - Tuesdays, March 17 and March 24, 1:30 p.m., Room 210, Farnum Building (373-2768) General Government - Thursdays, March 12, March 19, and March 26, 8:30 a.m., Room 100, Farnum Building (373-2768) Higher Education - Wednesday, March 18, 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Human Services and House Human Services Appropriations Subcommittee - Thursday, March 12, 1:00 p.m. or later after committees are given leave by the House to meet, House Appropriations Room, 3rd Floor, Capitol Building (373-2768) Judiciary - Wednesdays, March 11 (CANCELED), March 18, and March 25, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) K-12, School Aid, Education - Wednesdays, March 11, March 18, and March 25, 8:30 a.m., Senate Appropria­ tions Room, 3rd Floor, Capitol Building (373-2768) 272 JOURNAL OF THE SENATE [March 10, 2015] [No. 23 Licensing and Regulatory Affairs - Wednesday, March 11, 8:30 a.m., Room 110, Farnum Building (373-2768) Natural Resources - Tuesdays, March 17 and March 24, 1:00 p.m., Room 210, Farnum Building (373-2768) State Police and Military Affairs - Thursdays, March 12 (CANCELED) and March 26 (CANCELED), 1:00 p.m.; Tuesdays, March 17 and March 24, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursdays, March 12 (CANCELED), March 19, and March 26, 8:30 a.m., Senate Appropria­ tions Room, 3rd Floor, Capitol Building (373-2768) Commerce - Wednesday, March 11, 8:30 a.m., Room 210, Farnum Building (373-5312) Families, Seniors and Human Services - Wednesday, March 11, 3:00 p.m., Room 210, Farnum Building (373-5323) (CANCELED) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:47 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, March 11, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 24 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, March 11, 2015. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 274 JOURNAL OF THE SENATE [March 11, 2015] [No. 24 Pastor Beth Jones of Valley Family Church of Portage offered the following invocation: Heavenly Father, thank You for the opportunity to pray for this honorable body of elected officials—elected by voters and hand-selected by You. Father, there is no doubt that they need Your wisdom to fulfill their roles in leading our great state. In Proverbs 8, You personified wisdom when You inspired these words: “I am Lady Wisdom, and I live next to Sanity; Knowledge and Discretion live just down the street. The Fear-of-God means hating Evil—with pride and arrogance and crooked talk. Good counsel and common sense are my characteristics. With my help, leaders rule, and lawmakers legislate fairly; With my help, governors govern, along with all in legitimate authority. I love those who love me; those who look for me find me. Wealth and Glory accompany me—also substantial Honor and a Good Name. You can find me on Righteous Road—that’s where I walk—at the intersection of Justice Avenue.” Father, according to Your will, I ask You to give each Senator and lawmaker wisdom and sanity in a world of confusion, noise, and voices. For the benefit of every man, woman, and child in the state of Michigan, give our leaders knowledge and discretion to blaze new trails and to solve every problem we face. Help them to fear You and Your Son, the Lord Jesus Christ, more than the haters, critics, the naysayers, or any other influence. Help them to hate what You hate and to love what You love. Remove pride, arrogance, and crooked talk from their midst, and fill them with good counsel and common sense. Today, as our leaders walk with You on Righteous Road, at the intersection of Justice Avenue, help them to legislate fairly and to rule with wisdom. As they serve You in what is often an underappreciated role, I ask You to pour out Your benefits of wealth, glory, honor, and a good name upon each and every Senator and staff member and upon their families, spouses, and children. May Your blessings be upon the state of Michigan and the United States of America. In Jesus’ name, Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senators Knollenberg and Nofs be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Johnson be temporarily excused from today’s session. S The motion prevailed. Senators Knollenberg, Nofs and Johnson entered the Senate Chamber. Senator Hood stated that had he been present on March 10 when the vote was taken on the passage of the following bill, he would have voted “yea”: Senate Bill No. 72 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Hildenbrand as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 112, entitled A bill to amend 1957 PA 29, entitled “An act to provide for the disposition of certain files and records in the probate courts of this state,” by amending section 1 (MCL 720.551). Senate Bill No. 114, entitled A bill to amend 1921 PA 137, entitled “An act authorizing counties of this state to contract with agencies, institutions, and hospitals licensed by the department of consumer and industry services for the aid, care, support, maintenance, treatment, cure, or relief of children,” by amending section 3 (MCL 722.503), as amended by 1996 PA 411. The bills were placed on the order of Third Reading of Bills. No. 24] [March 11, 2015] JOURNAL OF THE SENATE 275 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 113, entitled A bill to amend 1921 PA 137, entitled “An act authorizing counties of this state to contract with agencies, institutions, and hospitals licensed by the department of consumer and industry services for the aid, care, support, maintenance, treatment, cure, or relief of children,” by amending section 1 (MCL 722.501), as amended by 1996 PA 411. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the following bill be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 52 The motion prevailed. The following bill was read a third time: Senate Bill No. 52, entitled A bill to amend 2008 PA 176, entitled “Veterans welcome home act,” by amending section 2 (MCL 35.1232). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 42 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following concurrent resolution be postponed for today: S Senate Concurrent Resolution No. 4 The motion prevailed. 276 JOURNAL OF THE SENATE [March 11, 2015] [No. 24 Senators Emmons, Horn, Brandenburg, Proos, Gregory, Schmidt, Knollenberg, Marleau, Bieda, Knezek, Hopgood, Zorn, Booher, Warren and Meekhof offered the following resolution: Senate Resolution No. 19. A resolution to commemorate March 2015 as Women’s History Month in the state of Michigan. Whereas, Michigan women of every race, class, and ethnic background have made historic contributions to the growth and strength of Michigan in countless recorded and unrecorded ways; and Whereas, Michigan women have played and continue to play critical economic, cultural, and social roles in every sphere of the life of Michigan by constituting a significant portion of the labor force working inside and outside of the home; and Whereas, Accomplished women in Michigan such as Cora Reynolds Anderson, Lorraine Beebe, Cora Mae Brown, Anna Clemenc, Mary Stallings Coleman, Betty Ford, Martha Griffiths, Marie-Therese Guyon-Cadillac, Erma Henderson, Mildred Jeffrey, Rosa Parks, Elly Peterson, Dorothy Comstock Riley, Anna Howard Shaw, Lucinda Stone, and Sojourner Truth deserve more recognition; and Whereas, By providing the majority of the volunteer labor force of Michigan, women have played a unique role throughout the history of this state; and Whereas, Women in Michigan were particularly important in the establishment of early charitable, philanthropic, and cultural institutions in Michigan; and Whereas, Michigan women of every race, class, and ethnic background served as early leaders in the forefront of every major progressive social change movement; and Whereas, They have been leaders not only in securing their own rights of suffrage and equal opportunity, but also in the movements concerning abolition, emancipation, industrial labor, civil rights, peace, and other movements which created a more fair and just society for all; and Whereas, The population of Michigan is 51 percent women. The percentage of women legislators in the Michigan House of Representatives is 25 percent, and the percentage of women legislators in the Michigan Senate is 11 percent; and Whereas, Despite these contributions, the role of Michigan women in history has been consistently overlooked and under­ valued in the literature, teaching, and study of the history of Michigan; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate March 2015 as Women’s History Month in the state of Michigan. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Ananich, Hansen, Hertel, Hood, MacGregor, O’Brien, Pavlov, Schuitmaker and Rocca were named co‑sponsors of the resolution. enators Bieda, Young, Ananich, Hertel and Gregory offered the following resolution: S Senate Resolution No. 20. A resolution to urge the Congress of the United States to oppose the fast-tracking of the proposed Trans-Pacific Partnership free trade agreement. Whereas, The state of Michigan calls upon our elected officials in the U.S. Senate and U.S. House of Representatives to oppose S. 1900 and H.R. 3830 and any similar legislation that would keep trade policymaking behind closed doors. These bills fail to restructure the misguided and failed trade negotiating policies of the past. In opposing the fast-tracking of the Trans-Pacific Partnership, we are preserving the separation of powers and ensuring Congress has the opportunity to examine and debate provisions of trade deals that fail to meet trade negotiating objectives. Fast-tracking the Trans-Pacific Partnership fails to incorporate congressional and public participation. By opposing these bills and other fast-track legislation, it will increase access to U.S. trade policymaking, trade proposals, and negotiating strength for elected state officials and members of the public; and Whereas, Traditional fast-track trade negotiating authority has effectively shut state and local governments out of the process, which limits our ability to influence the discussions to ensure that Michigan can participate in the benefits of trade. It ensures negotiations occur behind closed doors, with minimal transparency, empowering the few while ignoring traditional democratic, participatory rule, and lawmaking processes. It limits the opportunity for states and their citizens to correct shortcomings in the negotiation process by not making the text public until it is final, when it can no longer be improved. Additionally, it prohibits amendments to trade deals and their underlying legislation and strictly limits the time allowed for congressional debate. The people of Michigan have the best chance to benefit from pending trade and investment agreements only if the process by which they are negotiated undergoes swift and strong reform; now, therefore, be it Resolved by the Senate, That we urge the Congress of the United States to oppose the fast-tracking of the proposed Trans-Pacific free trade agreements; S. 1900 and H.R.3830 and any similar legislation that would keep trade policymaking behind closed doors and otherwise fail to restructure the misguided and failed trade negotiating policies of the past; and be it further No. 24] [March 11, 2015] JOURNAL OF THE SENATE 277 Resolved, That copies of this resolution be transmitted to the President of the United States, the United States Trade Repre­ sen­tative, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Economic Development. The motion prevailed. Senator Warren was named co‑sponsor of the resolution. Introduction and Referral of Bills Senators Casperson, Robertson, Horn, Knollenberg, Zorn, Emmons and Jones introduced Senate Bill No. 196, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 217c, 217f, 248c, and 252a (MCL 257.217c, 257.217f, 257.248c, and 257.252a), section 217c as amended by 2002 PA 642, sections 217f and 248c as amended by 1993 PA 300, and section 252a as amended by 2008 PA 539. The bill was read a first and second time by title and referred to the Committee on Transportation. Senator Hildenbrand introduced Senate Bill No. 197, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 42 (MCL 168.42), as amended by 1999 PA 216. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senators Hertel, Bieda, Young, Hood, Ananich, Gregory, Johnson and Warren introduced Senate Bill No. 198, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 272a. The bill was read a first and second time by title and referred to the Committee on Finance. Committee Reports The Committee on Education reported Senate Bill No. 139, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1272b (MCL 380.1272b). With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, March 10, 2015, at 12:00 noon, Room 110, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek 278 JOURNAL OF THE SENATE [March 11, 2015] [No. 24 COMMITTEE ATTENDANCE REPORT he Committee on Natural Resources submitted the following: T Joint meeting held on Tuesday, March 10, 2015, at 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Casperson (C), Robertson, Stamas and Warren Excused: Senator Pavlov COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Tuesday, March 10, 2015, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood COMMITTEE ATTENDANCE REPORT he Subcommittee on Natural Resources submitted the following: T Meeting held on Tuesday, March 10, 2015, at 1:00 p.m., Room 210, Farnum Building Present: Senators Green (C), Booher and Hopgood COMMITTEE ATTENDANCE REPORT he Subcommittee on Environmental Quality submitted the following: T Meeting held on Tuesday, March 10, 2015, at 1:30 p.m., Room 210, Farnum Building Present: Senators Green (C), MacGregor and Hopgood COMMITTEE ATTENDANCE REPORT he Subcommittee on Agriculture and Rural Development submitted the following: T Meeting held on Tuesday, March 10, 2015, at 3:00 p.m., Rooms 402 and 403, Capitol Building Present: Senators Green (C), Stamas and Hopgood Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesdays, March 17 and March 24, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Community Colleges - Wednesday, March 25, 9:00 a.m., Room 405, Capitol Building (373-2768) Corrections - Thursdays, March 12 (CANCELED) and March 19, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower; and March 26, 9:00 a.m., Room 405, Capitol Building (373-2768) Environmental Quality - Tuesdays, March 17, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building; and March 24, 1:30 p.m., Room 210, Farnum Building (373-2768) General Government - Thursdays, March 12, March 19, and March 26, 8:30 a.m., Room 100, Farnum Building (373-2768) Higher Education - Wednesday, March 18, 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Human Services and House Human Services Appropriations Subcommittee - Thursday, March 12, 1:00 p.m. or later after committees are given leave by the House to meet, House Appropriations Room, 3rd Floor, Capitol Building (373-2768) No. 24] [March 11, 2015] JOURNAL OF THE SENATE 279 Judiciary - Wednesdays, March 18 and March 25, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) K-12, School Aid, Education - Wednesdays, March 18 and March 25, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Natural Resources - Tuesdays, March 17 and March 24, 1:00 p.m., Room 210, Farnum Building (373-2768) State Police and Military Affairs - Thursdays, March 12 (CANCELED) and March 26 (CANCELED), 1:00 p.m.; Tuesdays, March 17 and March 24, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursdays, March 12 (CANCELED), March 19, and March 26, 8:30 a.m., Senate Appropria­ tions Room, 3rd Floor, Capitol Building (373-2768) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:19 a.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, March 12, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 280 No. 25 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, March 12, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—excused Zorn—present 282 JOURNAL OF THE SENATE [March 12, 2015] [No. 25 Pastor Ross Berber of Grace Christian Fellowship of Sturgis offered the following invocation: Father in heaven, we stand before You today seeking Your favor and wisdom for our elected officials in this body of parliament in the state of Michigan. We are thankful today, God, for Your protection, watchful eye, and care and love for each person here. Today, a new session of governance begins. Your word declares that You are the One who raises one up to a place of authority and prominence, and You put another down. With that in mind, O God, each one of these men and women who are serving in this Senate has been chosen by You. Today, I pray for them as they prepare to make decisions for our state. I pray for their families who stand with them and support them as they focus on their responsibilities. Father, we ask You for wisdom. We ask that as they consider the issues of the day and seek to lead well, You will give each Senator insight and understanding. I pray that as they face difficult decisions that You will lead and guide them and that You will direct their thoughts and actions. Cause them to make decisions in ways that will honor You. We read that righteousness exalts a nation, but that sin is a reproach to any people. God, devotion makes a country strong, while avoidance makes a country weak. Help these men and women, I pray, to follow paths of righteousness. We thank You, God, for Your hand of direction upon our Founding Fathers as they sought Your wisdom in establishing the United States of America. We thank You for their desire to break free from the scourge of tyranny and seek a place of freedom to worship You as they deemed appropriate. Today, we are living with the benefits of their decisions. I pray, O Father, that You would help our elected officials to follow in their footsteps to honor You and to seek Your heart in the matters they debate. We the people pray for our civil servants today, whom You have appointed, and uphold them before Your throne of grace. May You bless them, protect them, and help them serve the people of the state of Michigan well during their tenure as our elected officials. In the name of Jesus, we pray. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Horn and Green entered the Senate Chamber. The following communication was received and read: Office of the Auditor General March 6, 2015 nclosed is a copy of the following audit report: E Report on internal control, compliance, and other matters on our financial audit of the State of Michigan Comprehensive Annual Financial Report for the fiscal year ended September 30, 2014. Sincerely, Doug Ringler Auditor General The audit report was referred to the Committee on Government Operations. The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, March 11: House Bill Nos. 4122 4162 4163 The Secretary announced that the following bills were printed and filed on Wednesday, March 11, and are available at the Michigan Legislature website: Senate Bill Nos. 182 191 192 193 194 195 196 197 198 House Bill Nos. 4315 4316 4317 4318 Senator Kowall moved that Senators Booher, Brandenburg, Nofs and Meekhof be temporarily excused from today’s session. The motion prevailed. enator Hood moved that Senators Ananich and Hopgood be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Young be excused from today’s session. S The motion prevailed. Senator Booher entered the Senate Chamber. No. 25] [March 12, 2015] JOURNAL OF THE SENATE 283 Messages from the Governor The following messages from the Governor were received and read: March 5, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Developmental Disabilities Council Paul D. Palmer of 3101 Trapper Cove Trail, #1A, Lansing, Michigan 48910, county of Ingham, representing individuals with developmental disabilities, succeeding himself, is reappointed for a term expiring September 30, 2018. Marnie B. Wills of 1111 West Rundle Avenue, Lansing, Michigan 48910, county of Ingham, representing the Department of Licensing and Regulatory Affairs, succeeding Melanie Brown, is appointed for a term expiring September 30, 2016. Jane E. Reagan of 646 McAuley Street, Williamston, Michigan 48895, county of Ingham, representing the Department of Education, succeeding Susan Libetreau, is appointed for a term expiring September 30, 2016. Andrea P. Sargent of 208 N. William Street, Ludington, Michigan 49431, county of Mason, representing parents or guardians of a child with developmental disabilities, filling a vacancy, is appointed for a term expiring September 30, 2016. March 5, 2015 I respectfully submit to the Senate the following appointment to office: Board of Health and Safety Compliance and Appeals David S. Zurvalec of 4528 Oak Pointe Drive, Brighton, Michigan 48116, county of Livingston, representing the general public, succeeding himself, is reappointed for a term expiring March 18, 2019. March 11, 2015 I respectfully submit to the Senate the following appointments to office: Asian Pacific American Affairs Commission Scott T. Ayotte of 3629 Merrimont Court, Kentwood, Michigan 49512, county of Kent, succeeding Mumtaz Haque, is appointed for a term expiring November 30, 2018. Jin-Kyu Koh of 17632 Mystic Valley Court, Northville, Michigan 48168, county of Wayne, succeeding Ramesh Verma, is appointed for a term expiring November 30, 2018. March 11, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Cherry Committee Mark A. Schilling of 1403 Whispering Trail, Benton Harbor, Michigan 49022, county of Berrien, representing District 3 tart cherry growers, succeeding Kurt Dowd, is appointed for a term expiring February 1, 2017. Benjamin J. LaCross of 6433 E. Linguar Road, Lake Leelanau, Michigan 49653, county of Leelanau, representing District 1 tart cherry growers, succeeding James Nugent, is appointed for a term expiring February 1, 2018. Brian N. Altonen of 4143 Powell Lane, Kewadin, Michigan 49648, county of Antrim, representing District 1 tart cherry growers, succeeding himself, is reappointed for a term expiring February 1, 2018. March 11, 2015 I respectfully submit to the Senate the following appointments to office: Chair - Michigan Community Corrections Board Matthew R. Heins of 2020 Cascades Drive, Jackson, Michigan 49203, county of Jackson, is appointed for a term expiring March 31, 2016. ichigan Community Corrections Board M Dennis L. Van Dam of 7369 Hidden Forest Drive, Hudsonville, Michigan 49426, county of Ottawa, representing county commissioners, succeeding himself, is reappointed for a term expiring March 31, 2019. Leonard P. Bailey of 7707 Lake Road, Berrien Center, Michigan 49102, county of Berrien, representing county sheriffs, succeeding himself, is reappointed for a term expiring March 31, 2019. Daniel H. Heyns of 1326 Austscot Drive, Jackson, Michigan 49203, county of Jackson, representing the Director of the Department of Corrections, succeeding himself, is reappointed for a term expiring March 31, 2019. Daniel Lathrop of 9310 Peninsula Drive, Traverse City, Michigan 49686, county of Grand Traverse, representing the general public, succeeding Larry Inman, is appointed for a term expiring March 31, 2019. March 11, 2015 I respectfully submit to the Senate the following appointments to office: Corn Marketing Program of Michigan Randall S. Poll of 4406 134th Avenue, Hamilton, Michigan 49419, county of Allegan, representing District 1 growers, succeeding himself, is reappointed for a term expiring March 5, 2018. 284 JOURNAL OF THE SENATE [March 12, 2015] [No. 25 Blaine M. Baker of 10100 Cadmus Road, Clayton, Michigan 49235, county of Genesee, representing District 4 growers, succeeding himself, is reappointed for a term expiring March 5, 2018. John P. Burk of 812 Salzburg Road, Bay City, Michigan 48706, county of Bay, representing District 8 growers, succeed­ ing himself, is reappointed for a term expiring March 5, 2018. March 11, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Freedom Trail Commission Ronald E. Brown of 3731 Oak Drive, Ypsilanti, Michigan 48202, county of Washtenaw, representing the academic com­ munity, succeeding himself, is reappointed for a term expiring February 1, 2019. Juanita Moore of 200 Riverplace Drive #49, Detroit, Michigan 48207, county of Wayne, representing the Museum of African American History in Detroit, succeeding herself, is reappointed for a term expiring February 1, 2019. March 11, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Law Enforcement Officers Memorial Monument Fund Commission Kenneth L. Rochell of 2295 Hickory Point Drive, Ann Arbor, Michigan 48105, county of Washtenaw, representing police chaplains with five or more years’ experience, succeeding Frederick W. Lab, is appointed for a term expiring June 30, 2016. March 11, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Tree Fruit Commission Christopher R. Kropf of 12104 4 Mile Road, N.E., Lowell, Michigan 49331, county of Kent, representing fruit growers in District 2, succeeding Patrick Goodfellow, is appointed for a term expiring March 1, 2018. Rodney D. Winkel of 7901 Territorial Road, Watervliet, Michigan 49098, county of Berrien, representing fruit growers in District 3, succeeding Randy Willmeng, is appointed for a term expiring March 1, 2018. James E. Nugent of 10266 Revold Road, Suttons Bay, Michigan 49682, county of Leelanau, representing fruit growers in District 1, succeeding himself, is reappointed for a term expiring March 1, 2018. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senators Hopgood, Ananich, Brandenburg, Nofs and Meekhof entered the Senate Chamber. Senator Warren introduced Senate Bill No. 199, entitled A bill to amend 1976 IL 1, entitled “A petition to initiate legislation to provide for the use of returnable containers for soft drinks, soda water, carbonated natural or mineral water, other nonalcoholic carbonated drink, and for beer, ale, or other malt drink of whatever alcoholic content, and for certain other beverage containers; to provide for the use of unredeemed bottle deposits; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies,” by amending section 1 (MCL 445.571), as amended by 1989 PA 93. The bill was read a first and second time by title and referred to the Committee on Natural Resources. Senators Booher, Zorn and Schmidt introduced Senate Bill No. 200, entitled A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding section 88s. The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. Senator Hildenbrand introduced Senate Bill No. 201, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 8b, 11, 11a, 11j, 11k, 11m, 11r, 15, 18, 18a, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22f, 22g, 22i, 23a, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 41, 43, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b, 74, 81, 94, 94a, 95a, 98, 99, 99h, 102, No. 25] [March 12, 2015] JOURNAL OF THE SENATE 285 104, 104c, 107, 147, 147a, 147c, 152a, 163, 201, 206, 207a, 207b, 207c, 209, 210, 213, 217, 222, 225, 226, 229, 229a, 230, 236, 236b, 236c, 241, 242, 245, 246, 252, 254, 255, 256, 258, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, and 286 (MCL 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611r, 388.1615, 388.1618, 388.1618a, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622f, 388.1622g, 388.1622i, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625e, 388.1625f, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1639, 388.1639a, 388.1641, 388.1643, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1664b, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699, 388.1699h, 388.1702, 388.1704, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1763, 388.1801, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810, 388.1813, 388.1817, 388.1822, 388.1825, 388.1826, 388.1829, 388.1829a, 388.1830, 388.1836, 388.1836b, 388.1836c, 388.1841, 388.1842, 388.1845, 388.1846, 388.1852, 388.1854, 388.1855, 388.1856, 388.1858, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1875, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, and 388.1886), sections 6, 8b, 11, 11a, 11j, 11k, 11m, 15, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22f, 22g, 22i, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 98, 99, 99h, 104, 107, 147, 147a, 147c, 152a, 163, 201, 206, 209, 217, 225, 229, 229a, 230, 236, 236b, 236c, 241, 245, 246, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 275, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 11r, 43, 64b, 95a, 104c, 207a, 207b, and 207c as added by 2014 PA 196, section 18 as amended by 2014 PA 476, section 18a as amended by 2004 PA 351, section 23a as added by 2012 PA 465, sections 102, 210, and 258 as amended by 2013 PA 60, sections 213, 222, 226, 242, 254, 255, and 286 as amended by 2012 PA 201, and by adding sections 31c, 35, 35a, 35b, 35c, 35d, 35e, 35f, 35g, 61b, 67, 103a, 103b, 103c, 215, and 260; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Hildenbrand introduced Senate Bill No. 202, entitled A bill to make appropriations for various state departments and agencies; the judicial branch, and the legislative branch for the fiscal years ending September 30, 2016; to provide anticipated appropriations for the fiscal year ending September 30, 2017; to provide a nonbinding schedule of programs; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Schuitmaker introduced Senate Bill No. 203, entitled A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending section 206 (MCL 125.3206), as amended by 2007 PA 219. The bill was read a first and second time by title and referred to the Committee on Local Government. Senators Schuitmaker, Colbeck, Brandenburg, O’Brien, Jones, Knollenberg, Booher and Robertson introduced Senate Bill No. 204, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending sections 213 and 215 (MCL 18.1213 and 18.1215), section 213 as amended by 2006 PA 269 and section 215 as amended by 1988 PA 504. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Hertel and Young introduced Senate Bill No. 205, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 560b (MCL 168.560b), as amended by 2012 PA 128. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senators Booher, Casperson, Robertson, Emmons and Brandenburg introduced Senate Bill No. 206, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1903, 1905, and 1907 (MCL 324.1903, 324.1905, and 324.1907), section 1903 as amended by 2011 PA 117 and sections 1905 and 1907 as amended by 2012 PA 619, and by adding section 1907b. The bill was read a first and second time by title and referred to the Committee on Natural Resources. 286 JOURNAL OF THE SENATE [March 12, 2015] [No. 25 Senators Jones and Schuitmaker introduced Senate Bill No. 207, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 43a and 625a (MCL 257.43a and 257.625a), section 43a as added and section 625a as amended by 2014 PA 315. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4122, entitled A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 29h (MCL 125.2029h), as amended by 2014 PA 396. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 4162, entitled A bill to amend 1976 PA 333, entitled “An act to provide for the licensing of elevator journeymen and the regulation of elevators and elevator journeymen; to prescribe the functions of the director of labor and the elevator safety board; and to provide penalties for violations of this act,” by amending section 2 (MCL 338.2152). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. House Bill No. 4163, entitled A bill to amend 1967 PA 227, entitled “An act to regulate the inspection, construction, installation, alteration, maintenance, repair and operation of elevators and the licensing of elevator contractors; to prescribe the functions of the director of labor; to create, and prescribe the functions of, the elevator safety board; to provide penalties for violations of the act; and to repeal certain acts and parts of acts,” by amending the title and sections 3, 4, and 15 (MCL 408.803, 408.804, and 408.815), section 15 as amended by 2004 PA 269, and by adding section 14a. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. By unanimous consent the Senate returned to the order of Resolutions enator Kowall moved that consideration of the following concurrent resolution be postponed for today: S Senate Concurrent Resolution No. 4 The motion prevailed. enators Bieda, Young, Ananich, Hertel and Gregory offered the following resolution: S Senate Resolution No. 21. A resolution to urge the United States Congress to pass a Stop Corporate Inversions Act of 2015, H.R. 415 and S. 198. Whereas, A corporate inversion is the practice where a large American corporation purchases a smaller, foreign corporation and then claims to merge with the corporation, despite a majority of most of the top executives remaining within the U.S. The only apparent purpose to this practice is to attempt to pay a lower corporate tax rate; and Whereas, Corporations continue to benefit from their actual presence within the U.S., whether it is from our education system, our legal system, or our national defense. While nominally headquartered in other countries, these companies continue to leverage and benefit from their U.S. presence worldwide; and Whereas, Over the past ten years, there has been an increase in the number of companies fleeing the U.S. for foreign markets; and Whereas, Corporate inversions have an impact on the U.S. economy overall, as well as the federal budget. Corporate inversions have already cost the U.S. an estimated $34 billion over the past ten years. Stopping corporate inversions would raise an estimated $17 billion in revenue over the next decade; and Whereas, The Stop Corporate Inversion Act of 2015 does not prohibit a corporation from merging or relocating for legitimate purposes. Rather, it increases the percentage of shareholders who must be based in the foreign country to 50 per­ cent, up from 20 percent. This would effectively require U.S. companies to merge with foreign companies that are roughly equal or larger in size in order to move their location for tax purposes outside the U.S.; and Whereas, A Stop Corporate Inversion Act of 2015 would close a loophole that allows companies to avoid as much as other U.S. businesses; now, therefore, be it No. 25] [March 12, 2015] JOURNAL OF THE SENATE 287 esolved by the Senate, That we urge Congress to pass H.R. 415 and S. 198; and be it further R Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Economic Development. The motion prevailed. Senators Schmidt, Proos, Hansen, Zorn, Bieda, Marleau, Emmons, Stamas, Horn, O’Brien, Schuitmaker, Hopgood, Knollenberg and Brandenburg offered the following resolution: Senate Resolution No. 22. A resolution to encourage the Chicago Area Waterway System Advisory Committee to fully consider all options, including complete hydrologic separation, to protect the Great Lakes from Asian carp and to move as quickly as possible to determine the best long-term solution. Whereas, The state of Michigan, surrounded by four of the five Great Lakes, is literally defined by the lakes. Consequently, the health of Michigan’s economy and quality of life are intertwined with the health of the Great Lakes. Asian carp and other aquatic invasive species (AIS) are an acute threat to the Great Lakes, with the potential for significant impacts to billion-dollar commercial and recreational fisheries; and Whereas, The Chicago Area Waterway System, connecting the Great Lakes and Mississippi River systems, is a major pathway for AIS to spread between the systems. Zebra mussels used this pathway to spread from the Great Lakes to the Mississippi River system, leading to millions of dollars in annual control costs for industries and public utilities. Now Asian carp stand poised to move from the Mississippi River system to the Great Lakes; and Whereas, A permanent long-term solution must be identified and implemented. The problem of Asian carp and other AIS using this man-made connection is not going away and will not resolve itself. While the Great Lakes and Mississippi River Interbasin Study identified a number of solutions, it has become clear that nothing further will happen until there is broad consensus among the stakeholders in the Chicago area and the entire region; and Whereas, The Chicago Area Waterway System Advisory Committee represents a great opportunity for our region. Thirty-four representatives from government, industry, and commercial, recreational, and environmental groups have come together to solve this pressing problem. Their continued commitment may be our best hope to reach consensus on a long-term solution that will prevent the movement of AIS between the Great Lakes and Mississippi River systems; and Whereas, The advisory committee must maintain a sense of urgency and not be satisfied with only short-term solutions. Asian carp pose an imminent threat to the Great Lakes ecosystem and economy. If allowed to enter and establish within the Great Lakes, they will be difficult, if not impossible, to control or eradicate and will become a permanent drain on resources in the region. No one knows how much time we have to prevent this irreversible and undesirable outcome; now, therefore, be it Resolved by the Senate, That we encourage the Chicago Area Waterway System Advisory Committee to fully consider all options, including complete hydrologic separation, to protect the Great Lakes from Asian carp and to move as quickly as possible to determine the best long-term solution; and be it further Resolved, That copies of this resolution be transmitted to the members of the Chicago Area Waterway System Advisory Committee. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Natural Resources. The motion prevailed. Senators Colbeck, Hertel, Jones, Kowall, MacGregor and Pavlov were named co‑sponsors of the resolution. enator Pavlov offered the following resolution: S Senate Resolution No. 23. A resolution to call on the Obama Administration and the Congress of the United States to direct the U.S. Army Corps of Engineers to close the connection between the Great Lakes and Mississippi River basins through Chicago to prevent Asian carp from entering the Great Lakes. Whereas, The Great Lakes are one of our nation’s great natural wonders. Bordering Michigan and seven other states, these inland seas contain nearly one-fifth of the world’s surface fresh water. They support jobs in manufacturing, tourism, recrea­ tion, shipping, agriculture, science, engineering, energy, and mining throughout the region. The protection of the Great Lakes is essential to Michigan’s state identity and economy as well as national economic growth; and 288 JOURNAL OF THE SENATE [March 12, 2015] [No. 25 Whereas, Asian carp pose an imminent threat to the Great Lakes ecosystem and economy. Asian carp have successfully invaded the Mississippi River basin and now stand only 50 miles downstream from the Great Lakes. Asian carp can reproduce rapidly, consume large quantities of food, disrupt local ecosystems, out-compete native fish, and devastate recrea­ tional fishing and boating opportunities. There is general scientific consensus that Asian carp will be able to establish populations and thrive in areas of the Great Lakes, and once established, they will be difficult, if not impossible, to control or eradicate. Thus, the federal government has recognized Asian carp as “the most acute [aquatic invasive species] threat facing the Great Lakes today”; and Whereas, Closing off the man-made connections between the Great Lakes and the Mississippi River basins in the Chicago area is the most effective means to keep out Asian carp. In the past, zebra mussels and other invasive species have used the Chicago Area Waterway System to spread from one basin to the other, causing billions of dollars in economic damage over the years. Studies by the U.S. Army Corps of Engineers, the Great Lakes Commission and the Great Lakes and St. Lawrence Cities Initiative, and academic researchers have all come to the same conclusion that hydrologic separation is both feasible and the best way to ensure Asian carp never reach the Great Lakes and protect both basins from future invasions; and Whereas, The 2012 report by the Great Lakes Commission and the Great Lakes and St. Lawrence Cities Initiative found that separation could be accomplished while maintaining or even enhancing the current uses of the Chicago Area Waterway System and could potentially achieve $1.4 billion to $9.5 billion in long-term savings. In addition, the report concluded that separation may be far less expensive than estimated by the U.S. Army Corps of Engineers; and Whereas, Immediate and decisive action is required to protect the Great Lakes. Asian carp could cause billions of dollars in lost revenues and thousands of lost jobs in the $7 billion sports and commercial fishing industry and the $9 billion recreational boating industry. In addition, damage done to the Great Lakes, rivers, and inland lakes by Asian carp would greatly harm our state’s viability as an attractive vacation destination, thereby leading to decreased tourism revenue and jobs; now, therefore, be it Resolved by the Senate, That we call on the Obama Administration and the Congress of the United States to direct the U.S. Army Corps of Engineers to close the connection between the Great Lakes and Mississippi River basins through Chicago to prevent Asian carp from entering the Great Lakes; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congres­ sional delegation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Natural Resources. The motion prevailed. Senators Bieda, Brandenburg, Colbeck, Hansen, Hertel, Jones, Knollenberg, Kowall, MacGregor, Marleau, O’Brien, Proos, Schmidt, Schuitmaker, Stamas and Zorn were named co‑sponsors of the resolution. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 112 Senate Bill No. 113 Senate Bill No. 114 The motion prevailed. The following bill was read a third time: Senate Bill No. 112, entitled A bill to amend 1957 PA 29, entitled “An act to provide for the disposition of certain files and records in the probate courts of this state,” by amending section 1 (MCL 720.551). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 43 Ananich Bieda Yeas—37 Hertel Knollenberg Robertson Hildenbrand Kowall Rocca No. 25] [March 12, 2015] JOURNAL OF THE SENATE 289 Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Young Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. Senator Hertel asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Hertel’s statement is as follows: I briefly want to talk about this bill. It is truly an honor to have my first bill on the Senate floor. I do want to thank my co‑sponsors, Senators Margaret O’Brien and Jim Marleau, on this bipartisan, bicameral package. This bill was introduced in order to fix Michigan law by eliminating the term “crippled children” from our code. The importance of it was actually shown to me by Senator Dave Robertson, who brought a woman to my office the day we had this bill in committee, whom I had helped eight years ago, when I was the legislative liaison for Governor Granholm, get money from this fund that was formerly called the Crippled Children’s Fund. This woman had a child who was failing to thrive and needed help, and the special program was in Baltimore to help that woman. Senator Robertson—then Representative Robertson—came to me to try to get help, and we worked together to actually get this woman to actually be able to have this assistance. When she was in my office, she was there to thank me, but also to show me a picture of her now third-grade child who is thriving, healthy, and definitely not crippled. We should never use terms in code that are so disrespectful to children. As a father of four children, I would never want my kids to be referred to in that way. I wanted to thank Senator Robertson, and I appreciate all the support for this bill and this package. I encourage all my colleagues to vote “yes.” The following bill was read a third time: Senate Bill No. 113, entitled A bill to amend 1921 PA 137, entitled “An act authorizing counties of this state to contract with agencies, institutions, and hospitals licensed by the department of consumer and industry services for the aid, care, support, maintenance, treatment, cure, or relief of children,” by amending section 1 (MCL 722.501), as amended by 1996 PA 411. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 44 Ananich Bieda Yeas—37 Hertel Knollenberg Robertson Hildenbrand Kowall Rocca 290 JOURNAL OF THE SENATE [March 12, 2015] [No. 25 Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Young Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 114, entitled A bill to amend 1921 PA 137, entitled “An act authorizing counties of this state to contract with agencies, institutions, and hospitals licensed by the department of consumer and industry services for the aid, care, support, maintenance, treatment, cure, or relief of children,” by amending section 3 (MCL 722.503), as amended by 1996 PA 411. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 45 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Young No. 25] [March 12, 2015] JOURNAL OF THE SENATE 291 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Statements Senator Hood asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Hood’s statement is as follows: I rise today to make a statement regarding a glorious day, but a sad day in my office, in which I will be losing an employee—a friend. He’s a young man who came into my office about three years ago as an intern—fresh out of law school, a little wet behind the years—and took everything that was put before him head on. As he went through that process, he began to grow knowledge about how the office worked. At the end of that internship, as he was about to leave, we sat down and had a conversation, and I found out that there is no way that I could let this young man leave after his internship without offering him a position in our office. He accepted that position and has grown to what we have today to be an outstanding, not a staff person, but a friend. He has grown to do everything in the office and has learned to do every­ thing from the top to the bottom in the office. At one point in time, for approximately six months, due to circumstances, he was the only one in my office. As staff knows, running an office is not easy, and he did it all by himself, and, I might add, putting up with me in the meantime. I stand before you today to thank Nathan Kark, who is not just an employee, not just a staff person, but he has become my little brother. We have been through a lot. We have been through the ups and downs of office life. We have been through the ups and downs of life, and he has always been there for me no matter what time of night or day that I call him. He always answers the phone with a bright, “Hello, what do you need boss?” I just want to say that it has been so special to me to have him in my office and to watch him grow as a young man and for him to be able to leave the office and go on to do better things as he moves on into another portion of his life. I want to say he is from Minnesota, and we got him here in Michigan. He is staying here in Michigan, and we are glad to have him. I wanted to come before you today, colleagues, and say that this young man has done an outstanding job. I am proud to say that he is my brother, he is my friend, and he has done so much for me, knowing how hard it might be to work for me, but he’s done everything that he can. I want to say thank you to him in front of you. If you get a chance, talk to him because he is a bright and upcoming young man. I wish for my colleagues to join me in thanking Nathan Kark for his outstanding work for the 3rd District in the Senate. Committee Reports The Committee on Judiciary reported Senate Bill No. 85, entitled A bill to amend 1990 PA 319, entitled “An act to prohibit local units of government from imposing certain restrictions on the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms,” by amending the title and sections 1, 2, 3, and 4 (MCL 123.1101, 123.1102, 123.1103, and 123.1104). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: Senator Bieda The bill was referred to the Committee of the Whole. 292 JOURNAL OF THE SENATE [March 12, 2015] [No. 25 The Committee on Judiciary reported House Bill No. 4151, entitled A bill to repeal 1959 PA 186, entitled “An act to regulate the use of certain spring, gas or air operated handguns and to provide a penalty for violation of this act,” (MCL 752.891 to 752.892). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4152, entitled A bill to amend 1846 RS 1, entitled “Of the statutes,” by amending section 3t (MCL 8.3t). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4153, entitled A bill to amend 1952 PA 10, entitled “An act to define the duties of any person who discharges a firearm and thereby injures any person; and to prescribe penalties for violations of the provisions of this act,” by amending section 1 (MCL 752.841). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4154, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40102, 40111, and 43503 (MCL 324.40102, 324.40111, and 324.43503), section 40102 as amended by 2007 PA 48, section 40111 as amended by 2012 PA 340, and section 43503 as amended by 2012 PA 520. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4155, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 222, 226, 227b, 227c, 227d, 237a, and 528a (MCL 750.222, 750.226, 750.227b, 750.227c, 750.227d, 750.237a, and 750.528a), section 222 as amended No. 25] [March 12, 2015] JOURNAL OF THE SENATE 293 by 2012 PA 242, section 227b as amended by 1990 PA 321, sections 227c and 227d as added by 1981 PA 103, section 237a as added by 1994 PA 158, and section 528a as added by 1986 PA 113. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4156, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 1 (MCL 28.421), as amended by 2014 PA 203. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, March 10, 2015, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda The Committee on Finance reported Senate Bill No. 82, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 2b (MCL 205.92b), as amended by 2008 PA 439. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported Senate Bill No. 83, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1a (MCL 205.51a), as amended by 2008 PA 438. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson 294 JOURNAL OF THE SENATE [March 12, 2015] [No. 25 To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 4051, entitled A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 28 (MCL 205.28), as amended by 2014 PA 240. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Finance submitted the following: T Meeting held on Tuesday, March 10, 2015, at 2:30 p.m., Room 210, Farnum Building Present: Senators Brandenburg (C), Robertson, Knollenberg, Casperson, Proos, Bieda and Warren The Committee on Commerce reported House Bill No. 4119, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4012 (MCL 600.4012), as amended by 2012 PA 304. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor, Nofs and Hertel Nays: None The bill was referred to the Committee of the Whole. The Committee on Commerce reported House Bill No. 4120, entitled A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 7 (MCL 408.477), as amended by 2012 PA 30. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson No. 25] [March 12, 2015] JOURNAL OF THE SENATE 295 To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor, Nofs and Hertel Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Commerce submitted the following: T Meeting held on Wednesday, March 11, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Schmidt (C), Kowall, MacGregor, Nofs and Hertel The Committee on Appropriations reported Senate Bill No. 173, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 11r, 20, 20g, and 22a (MCL 388.1611, 388.1611r, 388.1620, 388.1620g, and 388.1622a), sections 11, 20, 20g, and 22a as amended and section 11r as added by 2014 PA 196. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Nofs, Green, Gregory, Hopgood, Hertel and Young Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, March 11, 2015, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young COMMITTEE ATTENDANCE REPORT he Subcommittee on K-12, School Aid, Education submitted the following: T Meeting held on Wednesday, March 11, 2015, at 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hansen (C), Pavlov and Hopgood COMMITTEE ATTENDANCE REPORT he Subcommittee on Licensing and Regulatory Affairs submitted the following: T Meeting held on Wednesday, March 11, 2015, at 8:30 a.m., Room 110, Farnum Building Present: Senators Knollenberg (C), Marleau and Young COMMITTEE ATTENDANCE REPORT he Joint Subcommittee on Capital Outlay submitted the following: T Meeting held on Wednesday, March 11, 2015, at 4:00 p.m., House Appropriations Room, 3rd Floor, Capitol Building Present: Senators Booher (C), Nofs, Schuitmaker, Hansen, MacGregor, Gregory and Hertel COMMITTEE ATTENDANCE REPORT he Subcommittee on General Government submitted the following: T Meeting held on Thursday, March 12, 2015, at 8:30 a.m., Room 100, Farnum Building Present: Senators Stamas (C), Nofs, Booher and Young 296 JOURNAL OF THE SENATE [March 12, 2015] [No. 25 Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesdays, March 17 and March 24, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Community Colleges - Wednesday, March 25, 9:00 a.m., Room 405, Capitol Building (373-2768) Corrections - Thursdays, March 19, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower; and March 26, 9:00 a.m., Room 405, Capitol Building (373-2768) Environmental Quality - Tuesdays, March 17, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building; and March 24, 1:30 p.m., Room 210, Farnum Building (373-2768) General Government - Thursdays, March 19 and March 26, 8:30 a.m., Room 100, Farnum Building (373-2768) Higher Education - Wednesday, March 18, 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Judiciary - Wednesdays, March 18 and March 25, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) K-12, School Aid, Education - Wednesdays, March 18 and March 25, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Natural Resources - Tuesdays, March 17 and March 24, 1:00 p.m., Room 210, Farnum Building (373-2768) State Police and Military Affairs - Tuesdays, March 17 and March 24, 8:30 a.m., and Thursday, March 26, 1:00 p.m. (CANCELED), Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursdays, March 19 and March 26, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Education - Tuesday, March 17, 12:00 noon, Room 110, Farnum Building (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:38 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, March 17, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 26 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, March 17, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson— present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—excused Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—excused Stamas—present Warren—present Young—present Zorn—present 298 JOURNAL OF THE SENATE [March 17, 2015] [No. 26 astor Don Derby of Heritage United Methodist Church of Snover offered the following invocation: P Lord God, we are gathered here in this space to do the work of the people of Michigan. Before this work is begun, however, we dare to seek Your face and Your blessing that the work will be done according to Your plan for the lives of the citizens of Michigan. We come from many different faith backgrounds, which may cause some to take offense at our attempt to approach Your throne and gain Your blessing on the work that will be done here. May their spirits be calmed, and may they be in agreement with those who are in relationship with You. Your instructions contained in the Scriptures tell us: “If my people, who are called by my name, will humble themselves and pray and seek my face and turn from their wicked ways, then I will hear from heaven, and I will forgive their sin and will heal their land.” We do seek Your forgiveness and Your face and healing hand upon our state, Lord, as we have many different points of view on issues that will be addressed here in Michigan—from solving the problems of potholes in our roads to personal protection to federal and state constitutional issues dealing with how we live out our personal and communal life, liberty, and pursuit of happiness. We have difficulty in coming to unanimous agreement, so we need You to show us the way and wisdom of compromise. We need You to sow peace where there is disagreement and discord. We confess, God, that we fail You in so many ways and now seek to be reconciled to You and to each other so that we may be successful in living together in peace and harmony. We look forward to seeing how You will inspire this eminent body to do the work of the people this day as we pray in the authority of the name of the Son of God, Jesus Christ. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Casperson and Hopgood entered the Senate Chamber. enator Kowall moved that Senator Green be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Johnson and Smith be excused from today’s session. S The motion prevailed. Senator Green entered the Senate Chamber. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:05 a.m. 11:08 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator Young entered the Senate Chamber. By unanimous consent the Senate proceeded to the order of Messages from the Governor The following message from the Governor was received on March 12, 2015, and read: EXECUTIVE ORDER No. 2015-9 Creation of the State School Reform/Redesign School Office Department of Education Department of Technology, Management, and Budget No. 26] [March 17, 2015] JOURNAL OF THE SENATE 299 Executive Reorganization WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that he considers necessary for efficient administration; and WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor unless otherwise provided by the Constitution; and WHEREAS, Section 1 of Article VIII of the Michigan Constitution of 1963 provides in part that schools and the means of education shall forever be encouraged; and WHEREAS, Section 2 of Article VIII of the Michigan Constitution of 1963 provides in part that the legislature shall maintain and support a system of free public elementary and secondary schools as defined by law; and WHEREAS, Section 3 of Article VIII of the Michigan Constitution of 1963 vests leadership and general supervision over all public education, including adult education and instructional programs in state institutions, except as to institutions of higher education granting baccalaureate degrees, in the State Board of Education; and WHEREAS, there is a continued need to reorganize functions among state departments to ensure efficient administration; and WHEREAS, the economic success of our state is dependent on having an educated and skilled citizenry that begins with every student having a quality education that prepares them for career and college readiness and success; and WHEREAS, the State School Reform/Redesign Officer and State School Reform/Redesign School District were created to advance dramatic improvement in Michigan’s lowest achieving public schools, as defined under state law; and WHEREAS, by September 1st of each year, the Superintendent of Public Instruction is required to publish a list identifying the public schools in this state that the Michigan Department of Education has determined to be among the lowest achieving 5% of all public schools in this state, as defined under state law; and WHEREAS, except public schools under the supervision of an emergency manager, the Superintendent of Public Instruction is required to issue an order placing each public school included on the list under the supervision of the State School Reform/Redesign Officer, and the governing board of each identified public school is required to submit a redesign plan to the State School Reform/Redesign Officer implementing a school intervention model, as defined under state law; and WHEREAS, if the State School Reform/Redesign Officer does not approve the redesign plan or determines that the redesign plan is not achieving satisfactory results, the State School Reform/Redesign Officer shall issue an order placing the public school in the State School Reform/Redesign School District, imposing for the public school implementation of a school intervention model, as defined under state law; and WHEREAS, since the creation of the State School Reform Officer in 2010, the State School Reform/Redesign Officer has approved redesign plans for 212 public schools; and WHEREAS, 54 public schools have operated under a redesign plan for more than 3 years; and WHEREAS, despite not achieving satisfactory outcomes, the current structure has neither implemented the rigorous supports and processes needed to create positive academic outcomes nor placed any of the identified low achieving schools in the State School Reform/Redesign School District; and WHEREAS, many schools continue to perform at levels that hamper the ability of students to receive an education that prepares them for career and college readiness and success; and WHEREAS, the state’s lowest performing schools are in the greatest need of rigorous support structures and interventions in order to prevent further academic decline; and WHEREAS, there is an immediate need to bring together the necessary school improvement resources within this state and utilize all the necessary school improvement models and strategies available for schools, to ensure that all students are given the opportunity to success in the classroom; NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I. DEFINITIONS As used in this Order: A. “Department of Education” means the principal department of state government created under Section 300 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.400. B. “Department of Technology, Management, and Budget” or “Department” means the principal department of state government created by Section 121 of The Management and Budget Act, 1984 PA 431, MCL 18.1121, and renamed the Department of Technology, Management, and Budget under Executive Order 2009-55, MCL 18.441. C. “State” means the state of Michigan. D. “State Board of Education” means the board created under Section 3, Article VIII, of the Michigan Constitution of 1963. 300 JOURNAL OF THE SENATE [March 17, 2015] [No. 26 E. “State Budget Director” means the individual appointed by the Governor pursuant to Section 321 of The Management and Budget Act, 1984 PA 431, MCL 18.1321, and Executive Order 2009-55, MCL 18.441. F. “State Budget Office” or “Office” means the office created under Section 321 of The Management and Budget Act, 1984 PA 431, MCL 18.1321. G. “State School Reform/Redesign School District” or “District” means the school district created under Section 1280c(6) of the Revised School Code, 1976 PA 451, MCL 380.1280c. H. “State School Reform/Redesign Office” means the office created within the Department of Technology, Management, and Budget under Section II of this Order. I. “State School Reform/Redesign Officer” or “Officer” means the officer described in Section 1280c(9) of the Revised School Code, 1976 PA 451, MCL 380.1280c, and authorized to act as the superintendent of the State School Reform/ Redesign District under Section 1280c(6)(b) of the Revised School Code, 1976 PA 451, MCL 380.1280c. J. “Superintendent of Public Instruction” means the principal executive officer of the Department of Education required under Section 3, Article VIII, of the Michigan Constitution of 1963. II.  CREATION OF STATE SCHOOL REFORM/REDESIGN OFFICE A. The State School Reform/Redesign Office is created as an autonomous entity within the Department of Technology, Management, and Budget. B. The Office shall exercise its statutory powers, duties, and functions, including but not limited to rule-making, licensing, and registration, including any prescription of rules, rates, regulations, and standards, and adjudication independently of the Director of the Department. All budgeting, procurement, and related management functions of the Office shall be performed under the direction and supervision of the Director of the Department. C. The Director of the Department shall be the appointing authority for employees of the Office. III.  STATE SCHOOL REFORM/REDESIGN SCHOOL DISTRICT AND STATE SCHOOL REFORM/ REDESIGN OFFICER A. The State School Reform/Redesign School District is transferred from the Department of Education to the State School Reform/Redesign Office. B. The State School Reform/Redesign Officer is transferred from the Department of Education to the State School Reform/ Redesign Office. The Officer shall be the head of the Office and shall carry out the functions vested in the Officer in this Order and as otherwise prescribed by law, including, but not limited to, acting as the superintendent of the State School Reform/Redesign District and performing functions and responsibilities vested in the State School Reform/Redesign Officer under Section 15(5) of 1947 PA 336, MCL 423.215. The authority to hire the Officer is transferred from the Superintendent of Public Instruction to the Director of the Department of Technology, Management, and Budget, who shall be the appointing authority for the Officer. The Officer shall be chosen solely on the basis of his or her competence and experience in educational reform and redesign. The Officer shall be exempt from and not within the classified state civil service. The Department of Technology, Management, and Budget shall request the Civil Service Commission to establish the Officer’s position as an exempt position of a policy-making nature within the Department. C. All authority, powers, duties, functions, and responsibilities of the Department of Education under Section 1280c of the Revised School Code, 1976 PA 451, MCL 380.1280c, are transferred to the State School Reform/Redesign Office, including, but not limited to, all of the following authority, powers, duties, functions, and responsibilities: 1. Determining under Section 1280c(1) of the Revised School Code, 1976 PA 451, MCL 380.1280c(1), which public schools in this state are among the lowest achieving 5% of all public schools in this state, as defined for the purposes of the federal incentive grant program created under sections 14005 and 14006 of title XIV of the American Recovery and Reinvestment Act of 2009, Public Law 111-5. 2. Posting on a website the federal work rules and formula for identifying the lowest achieving 5% of all public schools in this state for the purposes of the federal incentive grant program created under sections 14005 and 14006 of title XIV of the American Recovery and Reinvestment Act of 2009, Public Law 111-5, known as the “race to the top” grant program and a list of public schools in this state that have been identified for these purposes as being among the lowest achieving 5% of all public schools in this state, and updating the list as considered appropriate under Section 1280c(15) of the Revised School Code, 1976 PA 451, MCL 380.1280c. 3. Except as prohibited by federal law, administration of any federal waivers granted by the United States Department of Education relating to the authority, powers, duties, functions, and responsibilities of the Department of Education, relating to the District, or the Officer under Section 1280c of the Revised School Code, 1976 PA 451, MCL 380.1280c. D. Except as provided in Section III.E, all authority, powers, duties, functions, and responsibilities of the Superintendent of Public Instruction under Section 1280c of the Revised School Code, 1976 PA 451, MCL 380.1280c, and Section 15(6) of 1947 PA 336, MCL 423.215, are transferred to the State School Reform/Redesign Office, including, but not limited to, all of the following authority, powers, duties functions, and responsibilities:: 1. Publication of a list identifying the public schools in this state that are determined to be among the lowest achieving 5% of all public schools in this state, as defined for the purposes of the federal incentive grant program created under sections 14005 and 14006 of title XIV of the American Recovery and Reinvestment Act of 2009, Public Law 111-5, under Section 1280c(1) of the Revised School Code, 1976 PA 451, MCL 380.1280c. No. 26] [March 17, 2015] JOURNAL OF THE SENATE 301 2. Issuance of orders placing each school that is included on the list under Section 1280c(1) of the Revised School Code, 1976 PA 451, MCL 380.1280c, under the supervision of the State School Reform/Redesign Officer. 3. Appointing a chief executive officer to take control over multiple public schools and directing the chief executive officer to exercise other powers or duties over the public schools under Section 1280c(7) of the Revised School Code, 1976 PA 451, MCL 380.1280c, and powers or duties under Section 15(5) of 1947 PA 336, MCL 423.215. 4. Releasing a public school from measures imposed under Section 1280c(6) or 1280c(7) of the Revised School Code, 1976 PA 451, MCL 380.1280c, under section 1280c(13) of the Revised School Code, 1976 PA 451, MCL 380.1280c. 5. Except as prohibited by federal law, administration of any federal waivers granted by the United States Department of Education relating to the authority, powers, duties, functions, and responsibilities of the Superintendent of Public Instruction relating to the District or the Officer under Section 1280c of the Revised School Code, 1976 PA 451, MCL 380.1280c. E. The Superintendent of Public Instruction shall retain the authority, powers, duties, functions, and responsibilities to hear and decide appeals from a school board or a board of directors under Section 1280c(4) of the Revised School Code, 1976 PA 451, MCL 380.1280c. F. All of the following authority, powers, duties, functions, and responsibilities of the Superintendent of Public Instruction are transferred to the State School Reform/Redesign Office: 1. Determining that a public school academy that has been operating for at least 4 years is among the lowest achieving 5% of all public schools in this state, as defined for the purposes of the federal incentive grant program created under sections 14005 and 14006 of title XIV of the American Recovery and Reinvestment Act of 2009, Public Law 111-5, is in year 2 of restructuring sanctions under the No Child Left Behind Act of 2001, Public Law 107-110, not to include the individualized education plan subgroup, and is not currently undergoing reconstitution under Section 507 of the Revised School Code, 1976 PA 451, MCL 380.507, and notifying the public school academy’s authorizing body under Section 507(5) of the Revised School Code, 1976 PA 451, MCL 380.507, of that determination. 2. Determining that an urban high school academy that has been operating for at least 4 years is among the lowest achieving 5% of all public schools in this state, as defined for the purposes of the federal incentive grant program created under sections 14005 and 14006 of title XIV of the American Recovery and Reinvestment Act of 2009, Public Law 111-5, is in year 2 of restructuring sanctions under the No Child Left Behind Act of 2001, Public Law 107-110, not to include the individualized education plan subgroup, and is not currently undergoing reconstitution under Section 528 of the Revised School Code, 1976 PA 451, MCL 380.528, and notifying the urban high school academy’s authorizing body under Section 528(5) of the Revised School Code, 1976 PA 451, MCL 380.528, of that determination. 3. Determining that a school of excellence serving a special student population that has been operating for at least 4 years is among the lowest achieving 5% of all public schools in this state, as defined for the purposes of the federal incentive grant program created under sections 14005 and 14006 of title XIV of the American Recovery and Reinvestment Act of 2009, Public Law 111-5, is in year 2 of restructuring sanctions under the No Child Left Behind Act of 2001, Public Law 107-110, not to include the individualized education plan subgroup, and is not currently undergoing reconstitution under Section 561 of the Revised School Code, 1976 PA 451, MCL 380.561, and notifying the school of excellence’s authorizing body under Section 561 of the Revised School Code, 1976 PA 451, MCL 380.561, of that determination. IV. IMPLEMENTATION A. Nothing in this Order should be construed to diminish the role of the State Board of Education under Section 3 of Article VIII of the State Constitution of 1963 in providing leadership and general supervision over all public education, including adult education and instructional programs in state institutions, except as to institutions of higher education granting baccalaureate degrees, to serve as the general planning and coordinating body for all public education, including higher education, or to advise the Legislature as to the financial requirements in connection therewith. B. All records, personnel, property, unexpended balances of appropriations, allocations, or other funds used, held, employed, available, or to be made available to the State School Reform/Redesign School Office for the authority, powers, duties, functions, and responsibilities transferred under this Order are transferred to Office. C. The State School Reform/Redesign Officer shall administer functions and responsibilities assigned under this Order in such a way as to promote efficient administration. The Director of the Department of Technology, Management, and Budget and the State School Reform/Redesign Officer shall make internal organizational changes as may be admin­istratively neces­ sary to complete the realignment of functions and responsibilities by this Order pursuant to MCL 16.107. D. The Director of the Department of Technology, Management, and Budget shall provide executive direction and super­ vision for the implementation of the transfers under this Order. E. The Director of the Department of Technology, Management, and Budget and the Superintendent of Public Instruction shall immediately initiate coordination to facilitate the transfers under this Order and shall develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved by the Department of Education. F. The State Budget Director shall determine and authorize the most efficient manner possible for the handling of financial transactions and records in the state’s financial management system for the remainder of the current state fiscal year for transfers made under this Order. 302 JOURNAL OF THE SENATE [March 17, 2015] [No. 26 G. All rules, orders, contracts, plans, and agreements relating to the functions and responsibilities transferred by this Order lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, or rescinded. H. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity transferred by this Order shall not abate by reason of the taking effect of this Order. Any lawfully commenced suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order. In fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, this Order shall be effective on 60 days after the filing of this Order. Given under my hand and the Great Seal of the state of Michigan this 12th day of March, in the Year of our Lord [SEAL] Two Thousand Fifteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. By unanimous consent the Senate returned to the order of Motions and Communications The following communication was received and read: Office of the Auditor General nclosed is a copy of the following audit report: E Performance audit of the Bridge Inspection Program, Michigan Department of Transportation. Sincerely, Doug Ringler Auditor General The audit report was referred to the Committee on Government Operations. March 13, 2015 The following communications were received: Department of State Administrative Rules Notices of Filing February 24, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-061-LR (Secretary of State Filing #15-02-06) on this date at 3:42 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 1. General Rules.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. February 24, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-020-LR (Secretary of State Filing #15-02-05) on this date at 3:42 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 474. Sanitation.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. February 24, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-018-LR (Secretary of State Filing #15-02-04) on this date at 3:42 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 307. Acrylonitrile.” No. 26] [March 17, 2015] JOURNAL OF THE SENATE 303 These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, 45a(6) or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. February 24, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-019-LR (Secretary of State Filing #15-02-03) on this date at 3:42 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 310. Lead in General Industry.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, 45a(6) or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. February 24, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-017-LR (Secretary of State Filing #15-02-02) on this date at 3:42 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 304. Ethylene Oxide.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, 45a(6) or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. February 24, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-015-LR (Secretary of State Filing #15-02-01) on this date at 3:42 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 7. Welding and Cutting.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, 45a(6) or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. March 6, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-004-ED (Secretary of State Filing #15-03-03) on this date at 4:04 p.m. for the Department of Education, entitled “Youth Employment Standards.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. March 6, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-137-LR (Secretary of State Filing #15-03-02) on this date at 4:04 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Public Participation at Open Board Meetings.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. March 6, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-136-LR (Secretary of State Filing #15-03-01) on this date at 4:04 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Radiopharmaceuticals.” 304 JOURNAL OF THE SENATE [March 17, 2015] [No. 26 These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The following communication was received: Unemployment Insurance Agency March 6, 2015 I n accordance with Section 8 of the Michigan Employment Security Act, being Section 421.8 of the Michigan Compiled Laws, the Unemployment Insurance Agency is required to report annually to the Governor and the Legislature any amount, in excess of $1.00, that the maximum weekly unemployment benefit rate would increase if the annual increase in the United States Department of Labor’s Consumer Price Index (CPI) were applied to the maximum weekly benefit rate. I am therefore transmitting to the Governor, and to the House and Senate for publication along with this letter in the Journals of their respective bodies, the enclosed report showing that since the last increase in the maximum weekly benefit rate to $362.00, the increase in the CPI would result in an increase in the maximum weekly unemployment benefit rate to $460.94. Respectfully submitted, Sharon Moffett-Massey Director The communication was referred to the Secretary for record. The following communication was received: Michigan Law Revision Commission March 10, 2015 ursuant to Article IV, Section 15 of the Michigan Constitution, the Legislative Council “shall periodically examine and P recom­mend to the legislature revision of the various laws of this state.” The Michigan Law Revision Commission was established under the Legislative Council Act for that purpose. Section 1403 of the Act requires the Commission to report its findings and recommendations to the Legislative Council and to the entire Legislature. The Michigan Law Revision Commission has issued its 2012-2013 Combined Annual Report to the Legislature. I am pleased to send along a copy for your review and consideration. If you require any further information or assistance, please feel free to call me at 3-0212. Very truly yours, John Strand Legislative Council Administrator The communication was referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Thursday, March 12: House Bill Nos. 4069 4135 4169 The Secretary announced that the following bills were printed and filed on Thursday, March 12, and are available at the Michigan Legislature website: House Bill Nos. 4319 4320 4321 4322 4323 4324 4325 4326 4327 4328 4329 4330 4331 4332 4333 4334 4335 4336 4337 4338 The Secretary announced that the following bills and joint resolution were printed and filed on Friday, March 13, and are available at the Michigan Legislature website: Senate Bill Nos. 199 200 201 202 203 204 205 206 207 House Bill Nos. 4339 4340 4341 4342 4343 4344 4345 House Joint Resolution K No. 26] [March 17, 2015] JOURNAL OF THE SENATE 305 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Warren as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 162, entitled A bill to amend 1968 PA 330, entitled “Private security business and security alarm act,” by amending the title and sections 2, 3, 4, 5, 6, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 22, 25, 26, 29, 31, and 33 (MCL 338.1052, 338.1053, 338.1054, 338.1055, 338.1056, 338.1058, 338.1059, 338.1060, 338.1061, 338.1063, 338.1064, 338.1065, 338.1066, 338.1067, 338.1068, 338.1072, 338.1075, 338.1076, 338.1079, 338.1081, and 338.1083), the title and sections 3, 4, 8, 14, 17, 25, and 29 as amended by 2010 PA 68, section 2 as amended by 2012 PA 581, sections 6 and 9 as amended by 2014 PA 128, sections 10, 13, 18, and 31 as amended by 2002 PA 473, section 11 as amended by 2004 PA 270, and sections 22 and 33 as amended by 2000 PA 411, and by adding section 15a; and to repeal acts and parts of acts. Senate Bill No. 163, entitled A bill to amend 2012 PA 580, entitled “Security alarm systems act,” by amending section 2 (MCL 338.2182). Senate Bill No. 164, entitled A bill to amend 1979 PA 152, entitled “State license fee act,” (MCL 338.2201 to 338.2277) by adding section 33. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 160, entitled A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 36a (MCL 117.36a), as amended by 2011 PA 143. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 161, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 103, 316, and 2404b (MCL 339.103, 339.316, and 339.2404b), section 103 as amended by 1994 PA 257, section 316 as amended by 1998 PA 90, and sec­ tion 2404b as amended by 2014 PA 175, and by adding article 14A; and to repeal acts and parts of acts. Substitute (S-1). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 4, following line 3, by inserting: “(viii) CRIMINAL SEXUAL CONDUCT.”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 84, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811z. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. 306 JOURNAL OF THE SENATE [March 17, 2015] [No. 26 By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator Hildenbrand introduced Senate Bill No. 208, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1311a (MCL 380.1311a), as amended by 2007 PA 138. The bill was read a first and second time by title and referred to the Committee on Education. Senators Colbeck, Schuitmaker, Booher, Shirkey, Brandenburg, Horn, Marleau, Knollenberg, Robertson, Kowall, Pavlov and Nofs introduced Senate Bill No. 209, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278 (MCL 380.1278), as amended by 2004 PA 596, and by adding sections 1167 and 1279h. The bill was read a first and second time by title and referred to the Committee on Education. Senators Kowall, Colbeck, Schuitmaker, Shirkey, Booher, Knezek, Brandenburg, Horn, Gregory, Marleau, Knollenberg, Robertson, MacGregor, Pavlov and Nofs introduced Senate Bill No. 210, entitled A bill to designate the period beginning on September 11 through September 17 of each year as Patriot Week in the state of Michigan. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. Senators Shirkey, Kowall, Colbeck, Horn, Knollenberg, Marleau, Booher, Robertson, MacGregor and Pavlov introduced Senate Bill No. 211, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1168. The bill was read a first and second time by title and referred to the Committee on Education. Senators Emmons, Bieda, Brandenburg, Proos, Marleau and Shirkey introduced Senate Bill No. 212, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17001 and 17021 (MCL 333.17001 and 333.17021), section 17001 as amended by 2006 PA 161 and section 17021 as amended by 1993 PA 79, and by adding sections 16326, 17091, 17092, 17093, 17094, 17095, and 17096. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senator Schuitmaker introduced Senate Bill No. 213, entitled A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending section 61 (MCL 408.1061), as amended by 1996 PA 437. The bill was read a first and second time by title and referred to the Committee on Commerce. Senators Warren, Hertel, Gregory, Ananich, Johnson, Hopgood, Hood and Bieda introduced Senate Bill No. 214, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406t. The bill was read a first and second time by title and referred to the Committee on Insurance. Senator Hood introduced Senate Bill No. 215, entitled A bill to amend 1999 PA 212, entitled “An act to restrict certain governmental entities from requiring individuals to reside within certain geographic areas or specified distances or travel times from their place of employment as a condition of employment or promotion,” by amending section 2 (MCL 15.602). The bill was read a first and second time by title and referred to the Committee on Local Government. No. 26] [March 17, 2015] JOURNAL OF THE SENATE 307 House Bill No. 4069, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11 of chapter II (MCL 762.11), as amended by 2004 PA 239. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4135, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12 of chapter II (MCL 762.12), as amended by 1994 PA 286. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4169, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13 of chapter II (MCL 762.13), as amended by 2004 PA 239. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. Statements Senators Meekhof, Bieda and Marleau asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Meekhof’s statement is as follows: A very brave constituent of mine recently lost his life while serving this nation. Sergeant Seif was a Silver Star recipient. I would like to read a portion of his citation. Staff Sergeant Andrew Seif, Silver Star Medal citation: “For conspicuous gallantry and intrepidity in action against the enemy while serving with Marine Special Operations Company H, Special Operations Task Force-West, and Combined Joint Special Operations Task Force in Afghanistan in support of Operation Enduring Freedom. “On 24 July 2012, Sergeant Seif was part of a small team conducting a cordon and search operation to remove a high-value target, known to be western Afghanistan’s improvised explosive device expert. As Sergeant Seif aggressively maneuvered to prevent the target’s escape, a fellow team member closer to the compound was struck by small arms rounds. Uncertain of the severity of his teammate’s wounds, Sergeant Seif quickly and courageously moved toward the compound to render immediate aid and secure the area. “Refusing to wait for reinforcements, he tactically moved alone across exposed ground and entered the compound to identify the threat and violently finish the engagement. After clearing the entire compound alone, he moved back outside to assess and treat his teammate’s wounds. Under persistent enemy fire, Sergeant Seif moved his fellow Marine to a safer position and began to treat him while periodically returning fire. “By his bold initiative, undaunted courage, and complete dedication to duty, Sergeant Seif reflected great credit upon himself and upheld the highest traditions of the Marine Corps and the United States Naval Service.” Staff Sergeant Seif was one of seven Marines and four soldiers killed in a helicopter crash while conducting a night training mission in Florida last week. Sergeant Seif was a graduate of West Ottawa High School in Ottawa County, and he joined the Marines immediately after his graduation. My heroes don’t wear capes or masks; they wear dog tags. enator Bieda’s statement is as follows: S In joining with my good colleague from the 30th District, I would like to acknowledge, formerly from my district, Staff Sergeant Marcus Bawol, who was 27 years old and a resident of Warren, Michigan. He died in the same helicopter training exercise off the coast of Florida last Tuesday, March 10. Sergeant Bawol attended Warren Mott High School and was accepted at Olivet College before joining the Marines. Ser­ geant Bawol was stationed at Camp Lejeune, North Carolina, and served two tours of duty in Afghanistan. He was engaged to his high school sweetheart, Erika Hipple of Sterling Heights, and they were planning on an October wedding for this year. It is a terrible loss when you think of the amount of training and everything that these gentlemen put forth for our country, and I suppose we kind of take it for granted. I think every day we should thank our veterans and thank those who are in active service, because we recognize the dangers that they face on a daily basis. My condolences go out to Ser­geant Bawol’s 308 JOURNAL OF THE SENATE [March 17, 2015] [No. 26 family, along with the other eleven who died in that accident; three of them were from Michigan. I think it’s something we keep in our hearts every day to remember them, remember their sacrifices, and remember all those who have served this country. enator Marleau’s statement is as follows: S I would like to mention that one of my constituents was on that helicopter also. It was Marine Staff Sergeant Trevor Blaylock, who was 29 years old. He was Special Forces, and he had several commendations from the Navy and Marine Corps, three of them to be exact. He served valiantly in 2007 and 2008 in Iraq and in 2013 and 2014 in Afghanistan. He is survived by his family and his wife and two children. I would like to ask you to keep in your prayers his family and all the families of those who were on that helicopter. A moment of silence was observed in honor and memory of Marine Staff Sergeants Andrew Seif, Marcus Bawol and Trevor Blaylock, who were killed in a recent helicopter training accident in Florida. Committee Reports COMMITTEE ATTENDANCE REPORT he Subcommittee on Human Services submitted the following: T Joint meeting held on Thursday, March 12, 2015, at 1:30 p.m., House Appropriations Room, 3rd Floor, Capitol Building Present: Senators MacGregor (C) and Proos Excused: Senator Gregory COMMITTEE ATTENDANCE REPORT he Subcommittee on State Police and Military Affairs submitted the following: T Meeting held on Tuesday, March 17, 2015, at 8:30 a.m., Rooms 402 and 403, Capitol Building Present: Senators Nofs (C), Colbeck and Knezek Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesday, March 24, 3:00 p.m., Rooms 402 and 403, Capitol Building (373‑2768) Community Colleges - Wednesday, March 25, 9:00 a.m., Room 405, Capitol Building (373-2768) Corrections - Thursdays, March 19, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower and March 26, 9:00 a.m., Room 405, Capitol Building (373-2768) Environmental Quality - Tuesday, March 24, 1:30 p.m., Room 210, Farnum Building (373-2768) General Government - Thursdays, March 19 and March 26, 8:30 a.m., Room 100, Farnum Building (373-2768) Higher Education - Wednesday, March 18 and Thursday, March 26, 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Judiciary - Wednesdays, March 18 and March 25, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) K-12, School Aid, Education - Wednesdays, March 18 and March 25, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Licensing and Regulatory Affairs - Wednesday, March 18, 8:30 a.m., Room 110, Farnum Building (373-2768) Natural Resources - Tuesday, March 24, 1:00 p.m., Room 210, Farnum Building (373-2768) No. 26] [March 17, 2015] JOURNAL OF THE SENATE 309 State Police and Military Affairs - Tuesday, March 24, 8:30 a.m. and Thursday, March 26, 1:00 p.m. (CANCELED), Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursdays, March 19 and March 26, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Build­ ing (373-2768) Commerce - Wednesday, March 18, 3:30 p.m., Room 110, Farnum Building (373-5312) Economic Development - Thursday, March 19, 1:30 p.m., Room 210, Farnum Building (373-5312) Families, Seniors and Human Services - Wednesday, March 18, 3:00 p.m., Room 210, Farnum Building (373-5323) Natural Resources - Wednesday, March 18, 12:30 p.m., Room 210, Farnum Building (373-5314) Transportation - Thursday, March 19, 8:30 a.m., Room 210, Farnum Building (373-5323) Veterans, Military Affairs and Homeland Security - Thursday, March 19, 2:00 p.m., Room 110, Farnum Building (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:26 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, March 18, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 310 No. 27 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, March 18, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—excused Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 312 JOURNAL OF THE SENATE [March 18, 2015] [No. 27 everend Glenn Grant of Kirkridge Presbyterian Church of Grand Blanc offered the following invocation: R Creator, Great Spirit, Elohim, Allah, Vishnu, Lord: We, the people of this state, call You by many names, yet we call on You as one in asking for Your presence with this body and its members. Be with this Senate as it struggles and deliberates on how to lead and what must be done in service to the residents of this state. Guide the members of this body. Grant them a spirit of peace and cooperation, a spirit of servanthood and wisdom. Continue, we pray, O Lord, to bless the people of this great state through the work of our elected officials. We ask all things in Your name. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Kowall moved that Senators Casperson, MacGregor, Schuitmaker and Booher be temporarily excused from today’s session. The motion prevailed. enator Hood moved that Senators Hertel and Johnson be temporarily excused from today’s session. S The motion prevailed. Senator MacGregor entered the Senate Chamber. The Secretary announced that the following House bill was received in the Senate and filed on Tuesday, March 17: House Bill No.  4075 By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator Robertson introduced Senate Bill No. 216, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 4, 6, 98, 107, 230, and 256 (MCL 388.1604, 388.1606, 388.1698, 388.1707, 388.1830, and 388.1856), section 4 as amended by 2012 PA 201 and sections 6, 98, 107, 230, and 256 as amended by 2014 PA 196. The bill was read a first and second time by title and referred to the Committee on Education. Senator Booher introduced Senate Bill No. 217, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 7dd and 7jj (MCL 211.7dd and 211.7jj[1]), section 7dd as amended by 2013 PA 44 and section 7jj as amended by 2013 PA 42. The bill was read a first and second time by title and referred to the Committee on Natural Resources. Senators Schmidt, Jones, Horn, Bieda, Knezek, Ananich, Gregory, Brandenburg, Zorn, MacGregor, Rocca, Hood, Nofs, Proos, Schuitmaker, Casperson, Hildenbrand and O’Brien introduced Senate Bill No. 218, entitled A bill to amend 2004 PA 46, entitled “Public safety officers benefit act,” by amending the title and section 2 (MCL 28.632) and by adding section 4a. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senators Jones, Bieda, Knezek, Brandenburg, Rocca, Kowall and Knollenberg introduced Senate Bill No. 219, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 49, 50, 50b, and 158 (MCL 750.49, 750.50, 750.50b, and 750.158), section 49 as amended by 2006 PA 129, section 50 as amended by 2007 PA 152, and section 50b as amended by 2008 PA 339. The bill was read a first and second time by title and referred to the Committee on Judiciary. No. 27] [March 18, 2015] JOURNAL OF THE SENATE 313 Senators Bieda, Jones, Knezek, Brandenburg, Rocca, Kowall and Knollenberg introduced Senate Bill No. 220, entitled A bill to amend 1935 PA 120, entitled “An act to prescribe a method for the fingerprinting of residents of the state, and to provide for the recording and filing thereof by the central records division of the department of state police,” by amending section 3 (MCL 28.273), as amended by 2012 PA 318. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Schuitmaker introduced Senate Bill No. 221, entitled A bill to provide for the reciprocal exchange of distance education between this state and other states or a higher education compact; to prescribe the powers and duties of certain state agencies and officials; to provide for collection of fees; to designate the state agency for negotiating distance education agreements; to establish a complaint process for students enrolled in distance education programs at participating colleges and universities; to establish an authorization and approval process for out-of-state distance education providers and participating colleges and universities in this state; and to provide penalties. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Knezek, Bieda, Schmidt, Rocca, Hertel, Booher, Horn, Gregory, Hildenbrand, O’Brien, Schuitmaker, Colbeck, Marleau, MacGregor, Knollenberg, Ananich, Zorn, Hood, Robertson, Johnson, Hopgood, Warren, Smith, Hune, Brandenburg, Emmons, Nofs, Shirkey, Hansen, Proos, Pavlov, Stamas, Casperson, Jones, Kowall, Young, Green and Meekhof introduced Senate Bill No. 222, entitled A bill to designate February 1 of each year as “Blue Star Mothers Day”. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. House Bill No. 4075, entitled A bill to amend 1895 PA 161, entitled “An act to require county treasurers to furnish transcripts and abstracts of records, and fixing the fees to be paid therefor,” by amending section 1 (MCL 48.101), as amended by 1984 PA 291. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Local Government. Senators Casperson, Booher, Hertel and Schuitmaker entered the Senate Chamber. enator Kowall moved that Senator Brandenburg be excused from today’s session. S The motion prevailed. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Hopgood as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 24, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2014 PA 40. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 100, entitled A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties 314 JOURNAL OF THE SENATE [March 18, 2015] [No. 27 of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, admin­ istration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 22 (MCL 205.22), as amended by 2007 PA 194. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 106, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4o (MCL 205.54o), as amended by 2004 PA 173. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 139, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1272b (MCL 380.1272b). Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senator Johnson entered the Senate Chamber. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 137, entitled A bill to amend 2012 PA 101, entitled “Autism coverage reimbursement act,” by amending section 8 (MCL 550.1838), as added by 2014 PA 401. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 138, entitled A bill to amend 1989 PA 196, entitled “An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim’s rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim’s rights services; and to prescribe the powers and duties of certain state and local agencies and departments,” by amending section 4 (MCL 780.904), as amended by 2014 PA 299. The House of Representatives has passed the bill and ordered that the bill be given immediate effect. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. No. 27] [March 18, 2015] JOURNAL OF THE SENATE 315 Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 160 Senate Bill No. 161 Senate Bill No. 162 Senate Bill No. 163 Senate Bill No. 164 Senate Bill No. 84 The motion prevailed. The following bill was read a third time: Senate Bill No. 160, entitled A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 36a (MCL 117.36a), as amended by 2011 PA 143. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 46 Yeas—36 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Emmons Hune Nofs Smith Green Johnson O’Brien Stamas Gregory Jones Pavlov Warren Hansen Knezek Proos Young Hertel Knollenberg Robertson Zorn Nays—1 Colbeck Excused—1 Brandenburg Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 161, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 103, 316, and 2404b (MCL 339.103, 339.316, and 339.2404b), section 103 as amended by 1994 PA 257, section 316 as amended by 1998 PA 90, and sec­ tion 2404b as amended by 2014 PA 175, and by adding article 14A; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 316 JOURNAL OF THE SENATE [March 18, 2015] Roll Call No. 47 [No. 27 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Brandenburg Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 162, entitled A bill to amend 1968 PA 330, entitled “Private security business and security alarm act,” by amending the title and sections 2, 3, 4, 5, 6, 8, 9, 10, 11, 13, 14, 15, 16, 17, 18, 22, 25, 26, 29, 31, and 33 (MCL 338.1052, 338.1053, 338.1054, 338.1055, 338.1056, 338.1058, 338.1059, 338.1060, 338.1061, 338.1063, 338.1064, 338.1065, 338.1066, 338.1067, 338.1068, 338.1072, 338.1075, 338.1076, 338.1079, 338.1081, and 338.1083), the title and sections 3, 4, 8, 14, 17, 25, and 29 as amended by 2010 PA 68, section 2 as amended by 2012 PA 581, sections 6 and 9 as amended by 2014 PA 128, sections 10, 13, 18, and 31 as amended by 2002 PA 473, section 11 as amended by 2004 PA 270, and sections 22 and 33 as amended by 2000 PA 411, and by adding section 15a; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 48 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel No. 27] [March 18, 2015] JOURNAL OF THE SENATE 317 Nays—0 Excused—1 Brandenburg Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 163, entitled A bill to amend 2012 PA 580, entitled “Security alarm systems act,” by amending section 2 (MCL 338.2182). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 49 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Brandenburg Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 164, entitled A bill to amend 1979 PA 152, entitled “State license fee act,” (MCL 338.2201 to 338.2277) by adding section 33. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 318 JOURNAL OF THE SENATE [March 18, 2015] Roll Call No. 50 [No. 27 Yeas—29 Ananich Hood Kowall Rocca Bieda Hopgood MacGregor Schmidt Booher Horn Marleau Shirkey Emmons Hune Meekhof Smith Green Johnson Nofs Warren Gregory Jones O’Brien Young Hertel Knezek Robertson Zorn Hildenbrand Nays—8 Casperson Hansen Pavlov Schuitmaker Colbeck Knollenberg Proos Stamas Excused—1 Brandenburg Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 84, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811aa. The question being on the passage of the bill, Senator Hopgood offered the following amendments: 1. Amend page 1, line 6, after “THIS” by striking out “SECTION” and inserting “SUBSECTION”. 2. Amend page 3, following line 3, by inserting: “(7) THE SECRETARY OF STATE SHALL DEVELOP UNDER SECTION 811E AND ISSUE UNDER SECTION 811F A FUND-RAISING PLATE RECOGNIZING WOMEN’S HEALTH. THE SECRETARY OF STATE, IN CONJUNCTION WITH PLANNED PARENTHOOD AFFILIATES OF MICHIGAN, SHALL DESIGN THE FUND-RAISING PLATES AUTHORIZED IN THIS SUBSECTION. (8) THE WOMEN’S HEALTH FUND IS CREATED WITHIN THE STATE TREASURY. THE STATE TREASURER MAY RECEIVE MONEY OR OTHER ASSETS FROM ANY SOURCE FOR DEPOSIT INTO THE FUND. THE STATE TREASURER SHALL DIRECT THE INVESTMENT OF THE FUND. THE STATE TREASURER SHALL CREDIT TO THE FUND INTEREST AND EARNINGS FROM FUND INVESTMENTS. MONEY IN THE FUND AT THE CLOSE OF THE FISCAL YEAR SHALL REMAIN IN THE FUND AND SHALL NOT LAPSE TO THE GENERAL FUND. (9) THE SECRETARY OF STATE SHALL TRANSFER THE DONATION MONEY FROM THE SALE OF FUND-RAISING PLATES RECOGNIZING WOMEN’S HEALTH TO THE STATE TREASURER, WHO SHALL CREDIT THE DONATION MONEY TO THE WOMEN’S HEALTH FUND CREATED UNDER SUBSECTION (8). (10) THE STATE TREASURER SHALL DISBURSE MONEY IN THE WOMEN’S HEALTH FUND CREATED IN SUBSECTION (8) ON AN ANNUAL BASIS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES. No. 27] [March 18, 2015] JOURNAL OF THE SENATE 319 (11) THE SECRETARY OF STATE SHALL BE THE ADMINISTRATOR OF THE WOMEN’S HEALTH FUND CREATED UNDER SUBSECTION (8) FOR AUDITING PURPOSES. (12) MONEY DISBURSED TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER SUBSECTION (10) SHALL BE USED TO MATCH THE MATERNAL AND CHILD HEALTH BLOCK GRANT AND SHALL ONLY BE USED TO SUPPORT WOMEN’S HEALTH.”. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 51 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Nays—26 Booher Horn Meekhof Rocca Casperson Hune Nofs Schmidt Colbeck Jones O’Brien Schuitmaker Emmons Knollenberg Pavlov Shirkey Green Kowall Proos Stamas Hansen MacGregor Robertson Zorn Hildenbrand Marleau Excused—1 Brandenburg Not Voting—0 In The Chair: President Senator Hopgood offered the following amendments: 1. Amend page 2, line 18, after “501,” by striking out the balance of the line through “ABORTION” on line 19 and inserting “AND THAT PROVIDE HEALTH CARE SERVICES TO WOMEN AND PRACTICAL SUPPORT TO PREGNANT WOMEN”. 2. Amend page 2, line 20, after “SUBSECTION” by striking out the balance of the line through “ORGANIZATIONS”” on line 21 and inserting a comma and ““ELIGIBLE NONPROFIT ORGANIZATIONS””. 3. Amend page 2, line 23, after “THAT” by striking out the balance of the line through “AND” on line 24. 4. Amend page 2, line 25, after “PROJECTS” by striking out the balance of the line through “ABORTION” on line 26. 5. Amend page 2, line 27, by striking out all of subdivision (B). The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: 320 Roll Call No. 52 JOURNAL OF THE SENATE [March 18, 2015] [No. 27 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Nays—26 Booher Horn Meekhof Rocca Casperson Hune Nofs Schmidt Colbeck Jones O’Brien Schuitmaker Emmons Knollenberg Pavlov Shirkey Green Kowall Proos Stamas Hansen MacGregor Robertson Zorn Hildenbrand Marleau Excused—1 Brandenburg Not Voting—0 In The Chair: President Senator Bieda offered the following amendments: 1. Amend page 2, line 11, by striking out all of line 11 and inserting “DEPARTMENT OF HEALTH AND HUMAN SERVICES. MONEY RECEIVED BY THE DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER THIS SUBSECTION SHALL ONLY BE USED ON PROGRAMS THAT SEEK TO REDUCE INFANT MORTALITY RATES IN ALL AREAS OF THIS STATE, FOCUSING ON AREAS WHERE INFANT MORTALITY RATES ARE AT CRITICAL LEVELS.”. 2. Amend page 2, line 15, by striking out all of subsection (6). The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 53 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Nays—26 Booher Horn Meekhof Rocca Casperson Hune Nofs Schmidt Colbeck Jones O’Brien Schuitmaker Emmons Knollenberg Pavlov Shirkey Green Kowall Proos Stamas Hansen MacGregor Robertson Zorn Hildenbrand Marleau No. 27] [March 18, 2015] JOURNAL OF THE SENATE 321 Excused—1 Brandenburg Not Voting—0 In The Chair: President he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 54 Yeas—26 Booher Horn Meekhof Rocca Casperson Hune Nofs Schmidt Colbeck Jones O’Brien Schuitmaker Emmons Knollenberg Pavlov Shirkey Green Kowall Proos Stamas Hansen MacGregor Robertson Zorn Hildenbrand Marleau Nays—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Excused—1 Brandenburg Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. Protests Senators Warren, Hood, Ananich, Young, Hopgood, Hertel, Gregory and Johnson, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 84. Senator Warren moved that the statement she made during the discussion of the bill be printed as her reasons for voting “no.” The motion prevailed. 322 JOURNAL OF THE SENATE [March 18, 2015] [No. 27 Senator Warren’s statement, in which Senators Hood, Ananich, Young, Hopgood, Hertel, Gregory and Johnson concurred, is as follows: I rise today in opposition to Senate Bill No. 84. You have heard some of my colleagues who have spoken before me today reference a number of plates that already exist in the state of Michigan. You can go to Secretary of State Ruth Johnson’s website and get a picture of each of the license plates that we currently allow. You can choose to spend your money to get a plate that supports one of the 15 public colleges and universities here in our state. We can support our agricultural heritage, breast cancer awareness, our veterans, the Salvation Army, and the Red Cross. This, however, would be the first and most politically-blatant license plate that we have in our state. Currently, although it was referenced by the sponsor of this bill that there are some states that offer a Choose Life plate already, there are two cases pending before the Supreme Court. Arguments will be heard on one of these cases next week on the 23rd of this month. The issue is whether or not states are allowed to have a state-issued specialty license plate that shows only one side of a political issue and not both. The first case, Berger v. The American Civil Liberties Union of North Carolina, introduced such legislation for a Choose Life plate. U.S. District Judge James C. Cox ruled in December 2012 that it violated that important state neutrality. The Fourth Circuit upheld his decision. That case has been appealed to the Supreme Court, along with a case from Texas, Walker v. Tex Division of the Sons of Confederate Veterans. As the Supreme Court is currently reviewing this issue, I do not think it is in our best interest to move this bill forward today, and if we are going to, we should take what other courts have already said and offer a plate on both sides of a politically-charged issue. This was referenced by one of my colleagues who spoke before me who actually has a bill to do such a thing. Let’s not put political speech on our license plates; buy a bumper sticker. I urge my colleagues to vote “no.” Senators Hopgood, Colbeck, Bieda and Hertel asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Hopgood’s first statement is as follows: I rise to offer an amendment to Senate Bill No. 84 that would ensure that funding from the Choose Life Michigan Fund goes to practical health services for pregnant women. This proposed fundraising license plate, the one that is currently before us, is divisive not because of the broad issue it addresses, but because of the organizations and activities it will actually be funding. If this bill is truly about the lives of Michigan’s children, then this money should only go to organizations and efforts directly related to the life and health of Michigan women and children, not advertising, media outreach, political activities, or anything else that detracts from the intent of this fund. Many important organizations in Michigan promote reproductive health and responsibility and offer important health care services and sensible support to expectant mothers, especially lower-income women or those without adequate health care, and that specific work should be what this plate and this money will be supporting. This plate should not be used as a fundraising tool and propaganda piece for a political organization. I think we should all be able to agree that this funding should be dedicated to the hands-on work of our state’s health care organizations and directly address the health of all Michigan mothers and their babies. I urge you all to vote for this amendment, and stand up for all Michigan women and children. enator Hopgood’s second statement is as follows: S I rise to offer a second amendment to Senate Bill No. 84 that would establish a comparable Women’s Health fundraising license plate. Too often, the debate on reproductive health gets mired in divisive rancor and politics. But this amendment is simply about fairness and providing an equal funding mechanism for the variety of organizations that address the health of Michigan children and pregnant women. If we want to establish a Choose Life Michigan Fund to raise funds for that cause, we should enable other citizens to equally support Planned Parenthood and other important health care organizations that provide vital services for expectant mothers. It is not for this body to decide what organizations or, furthermore, what political causes the people we represent can support. The choice should be left to our citizens, and this amendment will provide the latitude they deserve in being able to support a variety of organizations. Planned Parenthood’s services focus on the health and well-being of Michigan women and children and provide an important service for women who are below the federal poverty line. These women’s health organizations are in need of financial support as much as any other organizations in the state, and we should give them equal consideration in any discussion of the fundraising of license plates. This amendment would also allow our citizens’ dollars to be leveraged even further to support Michigan women and children by directing the funds raised through this license plate to be used as matching funds for the Maternal and Child Health Block Grant. We should not be making something as small as fundraising license plates so political and polarizing, and it doesn’t have to be. No. 27] [March 18, 2015] JOURNAL OF THE SENATE 323 If this bill before us is about supporting Michigan women and children, we should be supporting all related organizations equally, not playing favorites with pet political causes. I urge you all to support my amendment, and allow the people we serve to choose which causes and groups they support, not dictate it here today along party lines. enator Colbeck’s first statement is as follows: S I would like to point out to my colleagues that the state of Michigan already provides $4,388,000 to Planned Parenthood as an organization. They are also provided with millions of dollars in addition to that from the federal government. Unlike this bill, our taxpayers currently don’t have the choice of whether or not those funds go to those organizations. This bill simply provides a choice for our taxpayers to support life-affirming choices. So I urge a “no” vote on this amendment. enator Bieda’s statement is as follows: S Colleagues, today I rise to offer an amendment to Senate Bill No. 84 that would ensure that funding from the Choose Life Michigan Fund only go to programs directed toward lowering infant mortality rates in Michigan. Governor Snyder has identified infant mortality as a top priority to help make Michigan a healthier state, and we should be working in the Legislature to address this issue. Michigan’s infant mortality rate is higher than the national rate, with 7 deaths in every 1,000 births. That rate almost doubles for African-American children. Detroit’s infant mortality rate is even worse, rivaling that of the third world countries, but we as public servants have the opportunity and a responsibility to change that. By supporting this amendment and helping fund efforts to reduce the infant mortality rate in Michigan, we can directly and positively affect the lives of Michigan women and children. In Michigan, there are numerous programs to fight infant mortality. If we really care about choosing life as this bill indicates, let’s direct these funds toward the variety of programs that ensure life. In voting for this amendment, we can change this bill from largely supporting a political organization to supporting the services that will directly affect and reduce the infant mortality in our state. I ask for your support of this amendment and the children of Michigan. enator Colbeck’s second statement is as follows: S Colleagues, this bill already addresses a leading cause of infant mortality, so I urge a “no” vote. enator Colbeck’s third statement is as follows: S I am honored to sponsor Senate Bill No. 84 along with 19 of my fellow Senators. Twenty-nine other states, plus the District of Columbia, already offer this plate to their citizens. If successfully passed into law, this legislation would allow the citizens of Michigan to choose a Choose Life license plate. The plate would cost citizens who choose the design $35 in addition to their vehicle registration fees. Twenty-five dollars of this fee would go toward eligible nonprofit organizations and projects, while $10 would cover the cost of the plate. Eligible nonprofit organizations include those which provide crisis pregnancy centers, homes for pregnant women, and other organizations that promote life-saving programs. Eligible projects are those which promote alternatives to abortion, such as specialty outreaches to at-risk populations, including minorities, teenagers, college-age women, post-abortive women, media campaigns, and campaigns to promote adoption. The purchase of a Choose Life license plate is itself a choice. No one is required to purchase this license plate. The principle of choice is embedded in the title of this license plate, as it simply states “Choose Life.” A common criticism of those who oppose life-affirming choices is that we tend to focus too much on the life of the baby and not enough on the needs of the mother. It is my hope that those who are so inclined to accept this view are supportive of this legislation, as it is, indeed, focused on the needs of the mother. The proceeds from the license plate enabled under this legislation would help satisfy the material needs of the mother, such as diapers, gas money, or shelter, all within a loving environment that seeks what is best for the mother as well as the child in her womb. We all know that the baby in the mother’s womb is not the only vulnerable life that is impacted by unwanted pregnancy. The mother is also vulnerable; vulnerable to fear, financial hardship, and to the sense that they are all alone. Well, they do not need to face this challenge all alone. There are many individuals and organizations throughout our state who truly care about their well-being. Not only are they not alone, but the passage of Senate Bill No. 84 would provide the mother, baby, and those who lovingly look after them with the resources and sense of hope that they all sorely need. Your vote in support of Senate Bill No. 84 is more than a vote for a license plate. It is a vote to support the most vulnerable in our society—pregnant mothers and the child within their wombs. The Choose Life message is a simple message. It is a message of love; love for baby in the womb, love for the mother facing an unplanned pregnancy, and love for a nation founded on the principle that governments are instituted to secure our unalienable rights, including the right to life. Each of us has a choice before us at this moment. It is my sincere hope that you will join me in choosing life. enator Hertel’s statement is as follows: S I rise in opposition to Senate Bill No. 84. We don’t always get great examples of irony in the Legislature, but I think this is an excellent one. The term “choose life” is being used by an organization that actually wants to remove rights for women 324 JOURNAL OF THE SENATE [March 18, 2015] [No. 27 and remove their health care choices. If we want to promote life, let’s create a fund that invests in family planning programs like those run by Planned Parenthood. Let’s invest in adoption subsidies and in solving our huge infant mortality issues. Let’s not use “choose life” as a slogan, but let’s actually choose life here in Michigan by investing in our future. By unanimous consent the Senate proceeded to the order of Resolutions he question was placed on the adoption of the following resolution consent calendar: T Senate Resolution No. 24 The resolution consent calendar was adopted. enator Hood offered the following resolution: S Senate Resolution No. 24. A resolution honoring the accomplishments of women from the city of Detroit in observance of Women’s History Month. Whereas, The Senate recognizes the outstanding contributions of women from the city of Detroit throughout the history of the state; and Whereas, Martha Griffiths was an outstanding pioneer public servant, being the first Michigan woman appointed to Detroit Recorder’s Court, first woman elected to Congress, first woman elected as Lieutenant Governor, and was a great champion of adding women to the Civil Rights Act; and Whereas, Erma Henderson, passionate advocate for equality in workplaces, restaurants, and hotels, was the first AfricanAmerican woman to serve on the Detroit City Council, first African-American woman to be City Council president, and inductee into the Michigan Women’s Hall of Fame; and Whereas, Eleanor Josaitis, co-founder of Focus: HOPE, an organization that seeks practical solutions to the problems of hunger, economic disparity, inadequate education, and racial divisiveness, provided community support and leadership to those around her and national assistance through her congressionally-approved Supplemental Nutrition Program for women and children; and Whereas, Maryann Mahaffey, former president of the Detroit City Council, advocated for creating programs to make low-income housing accessible, architect of the first Rape Crisis Center in the city of Detroit, delegate of the National League of Cities, and chair of the Michigan delegation to the United Nations Conference on Women; and Whereas, Rosa Parks, fervent civil rights leader and activist, was known for standing up by not surrendering her seat during the Montgomery Bus Boycott, Detroit resident since 1957, deaconess of Detroit’s African Methodist Church, recipient of numerous awards and honorary doctoral degrees, and co-founder of the Rosa and Raymond Parks Institute for Self Development, an organization to enrich the lives of youth ages 11-17 years old; now, therefore, be it Resolved by the Senate, That we hereby honor the accomplishments of women from the city of Detroit in observance of Women’s History Month; and be it further Resolved, That the lives and efforts of Michigan women embody a study in the power of hard work, dedication, and com­ mitment to calling, community, family, and state. We are indeed grateful for all of their achievements, which will continue to have an impact on many people across Michigan in the years to come; and be it further Resolved, That we offer words of praise and gratitude for Michigan’s women, not just during Women’s History Month, but every day of the year. Senators Ananich, Bieda, Booher, Green, Gregory, Hertel, Jones, Marleau, Proos, Schmidt and Warren were named co‑sponsors of the resolution. enate Concurrent Resolution No. 4. S A concurrent resolution to memorialize the President of the United States and the U.S. Congress to support the continued and increased development and importation of oil derived from North American reserves and to urge the U.S. Secretary of State to approve the newly-routed Keystone XL pipeline application from TransCanada. The question being on the adoption of the following committee substitute: Substitute (S-1). The substitute was adopted. The concurrent resolution as substituted was adopted. Senator Proos asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. No. 27] [March 18, 2015] JOURNAL OF THE SENATE 325 enator Proos’ statement is as follows: S I appreciate the opportunity to speak on the concurrent resolution before us today. Senate Concurrent Resolution No. 4 of 2015, noting the date because this is, in fact, the third time this body has had this resolution before it for its consideration. The TransCanada Keystone Expansion Pipeline project was first thought of and sought permits at the federal level both from the President and State Department, because it involves an international border, back in 2008. In 2011, we passed a resolution in this body in a bipartisan way that said, how can we make sure that the Keystone Pipeline gets built? After all, it is going to be built by those individuals who have the high-skilled labor jobs that we need and want to be put to work in the state of Michigan. Building some of those valves that would be used at Delta Machine in Niles, Michigan, right in my community, is something that is of value to the people who work at Delta Machine. When you consider that this resolution passed in a bipartisan fashion in 2011, the President and the State Department had not found a resolution. In 2013, we passed it again. The resolution then called upon the President to approve it because the State Department had already given the go-ahead that, in fact, this was a worthwhile project. We again bring it up this year. Why? Because, unfortunately, it has become entirely political. Now the President has vetoed a work project pipeline, a pipeline that would allow the United States to wean itself off of foreign oil that is oftentimes unfriendly foreign oil. How can unfriendly foreign oil be our problem? Saudi Arabia is considered one of our largest trading partners in oil, 12 percent of our entire take of 5 million barrels per day. Seventeen percent of that comes from Venezuela, another country that is not a friendly country by any stretch of the imagination. Ninety thousand construction jobs are expected, and 7,000 manufacturing companies, like Delta Machine, have already been hard at work building the component parts. I urge my colleagues to support this resolution to ask the President to do what he should have done in the first place. We had to add an (S-1) substitute. Why? There is a substitute because he vetoed it; a veto that should be overridden by the House of Representatives, sending a signal that Michigan jobs, U.S. jobs, and the oil that is rightly manufactured and pulled from the ground in Canada, a friendly trading partner, ought to be where we focus our time and attention. Please adopt this concurrent resolution, and send a strong signal that Washington, D.C., should override the veto of President Obama. Committee Reports COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, March 17, 2015, at 12:00 noon, Room 110, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Subcommittee on Natural Resources submitted the following: T Meeting held on Tuesday, March 17, 2015, at 1:00 p.m., Room 210, Farnum Building Present: Senators Green (C), Booher and Hopgood COMMITTEE ATTENDANCE REPORT he Subcommittee on Environmental Quality submitted the following: T Meeting held on Tuesday, March 17, 2015, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Green (C), MacGregor and Hopgood COMMITTEE ATTENDANCE REPORT he Subcommittee on Agriculture and Rural Development submitted the following: T Meeting held on Tuesday, March 17, 2015, at 3:00 p.m., Rooms 402 and 403, Capitol Building Present: Senator Green (C), Stamas and Hopgood COMMITTEE ATTENDANCE REPORT he Subcommittee on K-12, School Aid, Education submitted the following: T Meeting held on Wednesday, March 18, 2015, at 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hansen (C), Pavlov and Hopgood 326 JOURNAL OF THE SENATE [March 18, 2015] [No. 27 COMMITTEE ATTENDANCE REPORT he Subcommittee on Licensing and Regulatory Affairs submitted the following: T Meeting held on Wednesday, March 18, 2015, at 8:30 a.m., Room 110, Farnum Building Present: Senators Knollenberg (C), Marleau and Young COMMITTEE ATTENDANCE REPORT he Subcommittee on Higher Education submitted the following: T Meeting held on Wednesday, March 18, 2015, at 9:30 a.m., Rooms 402 and 403, Capitol Building Present: Senators Schuitmaker (C), MacGregor and Hertel Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesday, March 24, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Community Colleges - Wednesday, March 25, 9:00 a.m., Room 405, Capitol Building (373-2768) Corrections - Thursdays, March 19, 9:00 a.m., Room 110, Farnum Building and March 26, 9:00 a.m., Room 405, Capitol Building (373-2768) Environmental Quality - Tuesday, March 24, 1:30 p.m., Room 210, Farnum Building (373-2768) General Government - Thursdays, March 19 and March 26, 8:30 a.m., Room 100, Farnum Building (373-2768) Higher Education - Thursday, March 26, 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373‑2768) Judiciary - Wednesday, March 25, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) K-12, School Aid, Education - Wednesday, March 25, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Build­ing (373-2768) Natural Resources - Tuesday, March 24, 1:00 p.m., Room 210, Farnum Building (373-2768) State Police and Military Affairs - Tuesday, March 24, 8:30 a.m. and Thursday, March 26, 1:00 p.m. (CANCELED), Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursdays, March 19 and March 26, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Build­ing (373-2768) Economic Development - Thursday, March 19, 1:30 p.m., Room 210, Farnum Building (373-5312) Transportation - Thursday, March 19, 8:30 a.m., Room 210, Farnum Building (373-5323) Veterans, Military Affairs and Homeland Security - Thursday, March 19, 2:00 p.m., Room 110, Farnum Building (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:00 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, March 19, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 28 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, March 19, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 328 JOURNAL OF THE SENATE [March 19, 2015] [No. 28 astor Justin Powell of NorthRidge Church of Plymouth offered the following invocation: P God, we thank You for a new day. We take this moment to acknowledge You and acknowledge that even as we go about this daily routine, there’s something bigger going on than just what is seen and heard. God, thank You for these leaders. With everything else they could have done with their lives, with their talents and their passions, they’ve chosen to serve others. So I pray a special blessing on them and the families and communities they represent. God, even in the midst of their service, I know life happens, and there may be some today who are being asked to work and lead through pain, loss, fear, or frustration. God, for those battling through unspoken trials this moment, please give them an undeniable sense that You are close, You care, and You are available. God, for all of our Senators and for each staff member, help them to lead well. God, where they are conflicted, give them clarity. Where they are experiencing stress, give them peace. When they are moved to speak or take action, help them to do so with confidence and courage. God, may the leaders of this state be better together than they are apart, and may this great state be even greater because of the work done here today. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Knezek entered the Senate Chamber. enator Kowall moved that Senators Knollenberg and Green be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Ananich and Johnson be temporarily excused from today’s session. S The motion prevailed. The following communication was received and read: Office of the Auditor General March 17, 2015 nclosed is a copy of the following audit report: E Report on internal control, compliance, and other matters of MEDC for the fiscal year ended September 30, 2014. Sincerely, Doug Ringler Auditor General The audit report was referred to the Committee on Government Operations. The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, March 18: House Bill Nos. 4038 4188 4189 4190 4289 The Secretary announced that the following bills were printed and filed on Wednesday, March 18, and are available at the Michigan Legislature website: Senate Bill Nos. 208 209 210 211 212 213 214 215 House Bill Nos. 4346 4347 4348 4349 4350 4351 4352 Senators Knollenberg, Ananich and Green entered the Senate Chamber. Messages from the Governor The following message from the Governor was received on March 18, 2015, and read: EXECUTIVE ORDER No. 2015-10 Creation of the Michigan Agency for Energy No. 28] [March 19, 2015] JOURNAL OF THE SENATE 329 Department of Environmental Quality Department of Licensing and Regulatory Affairs Department of State Police Michigan Economic Development Corporation Michigan Strategic Fund Executive Reorganization WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that he considers necessary for efficient administration; and WHEREAS, there is a continued need to increase collaboration, optimize service delivery, and ensure efficient admin­ istra­tion; and WHEREAS, Michigan’s energy future requires making long-term decisions that are adaptable, affordable, reliable, and environmentally protective; and WHEREAS, such decision-making will be best informed if experts in each area are working closely together and ensuring their efforts are efficient and effective; NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I. DEFINITIONS As used in this Order: A. “Agency” means the Michigan Agency for Energy created under Section II of this order. B. “Department of Environmental Quality” means the principal department of state government created under Executive Order 2011-1. C. “Department of Licensing and Regulatory Affairs” means the principal department of state government created as the Department of Commerce under Section 225 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.325, renamed the Department of Consumer and Industry Services under Executive Order 1996-2, MCL 445.2001, renamed the Department of Labor and Economic Growth under Executive Order 2003-18, MCL 445.2011, renamed the Department of Energy, Labor, and Economic Growth under Executive Order 2008-20, MCL 445.2025, and renamed the Department of Licensing and Regulatory Affairs under Executive Order 2011-4, MCL 445.2030. D. “Department of State Police” means the principal department of state government created under Section 150 of the Executive Organization Act of 1965, 1965 PA 380, MCL 16.250. E. “Executive Director” means the executive director of the Agency. F. “Michigan Economic Development Corporation” means the public body corporate created under the Urban Cooper­ ation Act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, by a contractual interlocal agreement effective April 5, 1999, as amended, between the Michigan Strategic Fund and local participating economic development corporations formed under the Economic Development Corporations Act, 1974 PA 338, MCL 125.1601 to 125.1636. G. “Michigan Strategic Fund” means the public body corporate and politic created under Section 5 of 1984 PA 270, MCL 125.2005. H. “Public Service Commission” means the public body corporate created under the Michigan Public Service Commission Act of 1939, PA 3, MCL 460.1 et seq., as amended, located within the Department of Licensing and Regulatory Affairs. I. “State Budget Director” means the individual appointed by the Governor pursuant to Section 321 of the Management and Budget Act, 1984 PA 431, MCL 18.1321. II.  CREATION OF THE MICHIGAN AGENCY FOR ENERGY A. The Michigan Agency for Energy is created as an agency within the Department of Licensing and Regulatory Affairs. The Agency shall exercise its prescribed powers, duties, and functions independently of the Director of the Department of Licensing and Regulatory Affairs. B. The Agency shall be headed by an Executive Director who shall be appointed by the Governor and serve at the pleasure of the Governor. The Executive Director shall serve as a member of the Governor’s Cabinet. C. The Executive Director shall be the chief advisor to the Governor and the directors of state departments regarding the development of energy policies and programs. III.  FUNCTIONS OF THE AGENCY A. The Agency shall perform the following functions: i. Analyze and make recommendations to the Governor on proposed programs and policies relating to energy, and on the elimination of duplication in existing state programs in these areas; ii. Directly administer certain programs related to energy, and serve as the coordinating office for all agencies of the executive branch of government that are responsible for programs related to energy; and 330 JOURNAL OF THE SENATE [March 19, 2015] [No. 28 iii. Provide information and assistance to all departments and agencies of the executive branch of government related to energy, both directly and by functioning as a clearinghouse for information received from such agencies, other branches of government, other states, and the federal government. B. The Agency may make and execute contracts and other instruments necessary or convenient to the proper exercise of its functions. IV.  TRANSFER OF MOTOR CARRIER AUTHORITIES A. Any authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement, of the Public Service Commission, Department of Licensing and Regulatory Affairs, under the following acts are transferred from the Public Service Commission, Depart­ment of Licensing and Regulatory Affairs, to the Michigan State Police: a. Motor Carrier Act, P.A. 254 (1933), as amended, being Michigan Compiled Laws, MCL 475.1 to 479.49; b. Carriers by Water Act, P.A. 246 (1921), as amended, being Michigan Complied Laws, MCL 460.201 to 460.206; and c. Motor Carrier Safety Act, P.A. 181 (1963), as amended, being Michigan Compiled Laws, MCL 480.11 to 480.25. B. Any authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allo­ cations or other funds, including the functions of budgeting and procurement, used, held, employed, available, or to be made available to the Public Service Commission, Department of Licensing and Regulatory Affairs for the activities, powers, duties, functions, and responsibilities transferred by this Order are transferred to the Michigan State Police. C. The Director of the Michigan State Police, after consultation with the Public Service Commissioners and the Director of the Department of Licensing and Regulatory Affairs, shall provide executive direction and supervision for the implementation of the transfers. The assigned functions shall be administered under the direction and supervision of the Director of the Michigan State Police. D. Any authority, powers, duties, and functions relative to the final agency decisions for cases arising under the authorities transferred under this section of this Order are transferred from the Public Service Commission, Department of Licensing and Regulatory Affairs, to the Director of the State Police. V.  TRANSFER OF RETIRED ENGINEERS TECHNICAL ASSISTANCE PROGRAM AND AIR POLICY PROGRAM A. Any authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allo­­ cations or other funds, including the functions of budgeting and procurement, of the Department of Environmental Quality under the Retired Engineers Technical Assistance Program, created under MCL 324.14511 and 324.14512, as amended, are transferred from the Department of Environmental Quality to the Michigan Agency for Energy, Department of Licensing and Regulatory Affairs. B. Any authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement, of the Air Policy Director of the Department of Environmental Quality, are transferred from the Department of Environmental Quality to the Michigan Agency for Energy, Department of Licensing and Regulatory Affairs. C. The Executive Director, after consultation with the Director of the Department of Environmental Quality and the Director of the Department of Licensing and Regulatory Affairs, shall provide executive direction and supervision for the implementation of the transfers. The assigned functions shall be administered under the direction and supervision of the Executive Director. VI.  TRANSFER OF THE MICHIGAN ENERGY OFFICE A. Any authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allo­ cations or other funds, including the functions of budgeting and procurement, of the Michigan Energy Office, are transferred from the Michigan Economic Development Corporation and the Michigan Strategic Fund to the Department of Licensing and Regulatory Affairs. Such funds shall include the Energy Efficiency and Renewable Energy Revolving Loan Fund, MCL 460.911 to 460.913, as amended. B. Any authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allo­ cations or other funds, including the functions of budgeting and procurement, of the Michigan Energy Office, are transferred from the Department of Licensing and Regulatory Affairs to the Michigan Agency for Energy, Department of Licensing and Regulatory Affairs. C. The Executive Director, after consultation with the Chief Executive Officer of the Michigan Economic Development Corporation and the President of the Michigan Strategic Fund, shall provide executive direction and supervision for the implementation of the transfers. The assigned functions shall be administered under the direction and supervision of the Executive Director. VII.  RELATIONSHIP OF AGENCY AND MICHIGAN PUBLIC SERVICE COMMISSION, AND TRANSFER OF CERTAIN FUNCTIONS A. The Public Service Commission shall be transferred intact from the Department of Licensing and Regulatory Affairs to the Michigan Agency for Energy. B. The Public Service Commission shall exercise its functions as an autonomous entity independently from the Director of the Department of Licensing and Regulatory Affairs and the Executive Director of the Agency, as further described No. 28] [March 19, 2015] JOURNAL OF THE SENATE 331 in this Order. Unless expressly stated otherwise in this Order, the Public Service Commission shall retain all of its statutory authority, powers, duties, functions, and responsibilities, including records, personnel, budgeting, procurement, and unexpended balances of appropriations. The powers, duties, and functions related to property are transferred to the Agency. The Public Service Commission shall retain control of all monies and funds, including but not limited to grants, bonds, notes, and reserves, subject to any agreements related to such grants, bonds, notes or reserves. Nothing in this Order shall be interpreted to infringe on the plenary powers of the Public Service Commission to regulate all rates, fares, fees, charges, services, rules, conditions of service, and all other matters pertaining to the formation, operation, or direction of public utilities, common carriers, or similar entities. The Commission shall retain the sole power and jurisdiction to hear and pass upon all matters pertaining to, necessary, or incidental to the regulation of public utilities, common carriers, or similar entities. It shall also retain all power to retain engineers, experts, and related personnel, and fix their compensation to assist it in such duties as provided under current law. C. The legislative liaison and communications specialist of the Public Service Commission shall be transferred to the Agency. However, the Commission may request the services of either individual to advise the Public Service Commission regarding legislative matters and to communicate with the public regarding its plenary authorities, and the Executive Director shall ensure such personnel will provide the requested services to the Commission. When performing duties requested by the Commission, such individuals shall be considered Commission staff and supervision of those tasks shall be by the Commission. D. Any authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allo­ cations or other funds, including the functions of budgeting and procurement, of the customer service division, and the Energy Markets and Energy Data & Security sections of the Public Service Commission shall be transferred to the Michigan Agency for Energy, Department of Licensing and Regulatory Affairs. Additionally, one position supporting human resource functions and any positions dedicated to property functions in the administration section shall be transferred from the Public Service Commission to the Agency. Notwithstanding any of the above, those priorities, powers, duties, and functions that are within the plenary powers described in Section VII.B. of this Order shall remain with the Public Service Commission and shall not be subject to transfer. When undertaking activities necessary to carry out plenary powers, individuals shall be considered Commission staff and supervision of those tasks shall be by the Commission. E. The Executive Director, after consultation with the Chair of the Public Service Commission and the Director of the Department of Licensing and Regulatory Affairs, shall provide executive direction and supervision for the implementation of the transfers. The assigned functions shall be administered under the direction and supervision of the Executive Director VIII.  TRANSFER OF ENERGY ADVISORY COMMITTEE AUTHORITIES A Any authority, powers duties, functions, records, personnel, property, unexpended balances of appropriations, allo­­ cations or other funds, including the functions of budgeting and procurement related to the duties of the Director of Licensing and Regulatory Affairs created under MCL 10.82, and now residing in the Director of the Department of Licensing and Regulatory Affairs under Executive Orders 2008-20 and 2011-4, shall be transferred to the Executive Director of the Agency. B. The Executive Director, after consultation with Director of the Department of Licensing and Regulatory Affairs, shall provide executive direction and supervision for the implementation of the transfers. The assigned functions shall be administered under the direction and supervision of the Executive Director. IX.  IMPLEMENTATION OF TRANSFERS A. The Executive Director shall provide executive direction and supervision for the implementation of all transfers of authority under this Order in consultation with the Director of the Department of Licensing and Regulatory Affairs. B. The Executive Director shall establish the internal organization of the Agency and allocate and reallocate duties and functions to promote economic and efficient administration and operation of the Agency. The Executive Director shall be responsible for the day-to-day operations of the Agency. X. MISCELLANEOUS A. All records, personnel, and property used, held, employed, or to be made available to the Department of Licensing and Regulatory Affairs, the Michigan Economic Development Corporation, the Michigan Strategic Fund, and the Department of Environmental Quality for the activities, powers, duties, functions, and responsibilities transferred by this Order to the Agency are hereby transferred to the Agency. B. All records, personnel, and property used, held, employed, or to be made available to the Public Service Commission for the activities, powers, duties, functions, and responsibilities transferred by this Order to the Michigan State Police are hereby transferred to the Michigan State Police. C. The State Budget Director shall determine and authorize the most efficient manner possible for the handling of financial transactions and records in the state’s financial management system for the remainder of the current state fiscal year for transfers made under this Order. D. All rules, orders, contracts, plans, and agreements relating to the functions transferred to the Agency by this Order lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, or rescinded. E. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity transferred by this Order shall not abate by reason of the taking effect of this Order. Any lawfully commenced suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order. 332 JOURNAL OF THE SENATE [March 19, 2015] [No. 28 F. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order. In fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, this Order shall be effective 60 days after the filing of this Order. Given under my hand and the Great Seal of the state of [SEAL] Michigan this 18th day of March, in the Year of our Lord Two Thousand Fifteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. The following message from the Governor was received and read: March 13, 2015 ttached is a copy of my Special Message on Energy to the Regular Session of the 98th Michigan Legislature. This A message transmitting information on the affairs of state and recommending measures I consider necessary and desirable is presented to the Michigan Senate pursuant to Section 17 of Article V of the Michigan Constitution of 1963. Sincerely, Rick Snyder Governor The special message is as follows: Introduction Michigan needs to take aggressive steps to avoid a future of spiking energy prices and widespread power outages. In the last two years, we have laid the groundwork for a bright energy future for Michigan. We have gathered key information and met with residents all over the state to learn about our options. We set clear goals for Michigan’s energy future. We knew our energy must be affordable for our homes and businesses - for instance, residential bills for heat and electricity should not be higher than the national average. We looked to ensure that people could rest easily, knowing there would be dependable heat and electricity to power their homes. Specifically, we said that we should not have widespread outages due to a lack of supply, and that our residents should endure less than one outage a year on average, and that our outages should averages less than two hours and 15 minutes. We sought to make sure we had options so our state could draw energy from a variety of sources, able to adapt as technology developed reliable and efficient alternatives. We said that the newest technological advances that will be right for Michigan are in natural gas and renewable generation. And we made it a priority to protect our environment for the generations to come, reducing mercury, acid rain, and particles in the air. We’ve made real progress since 2012. We met the 11th most aggressive renewable portfolio standard in the nation, and we did so under budget - in some cases, at no additional cost compared to other energy sources. We were able to do that for a lot of reasons. Our standard encouraged collaboration, so we had access to people familiar with the newest technologies. We saw huge price reductions in even the last five years as we took advantage of those new technologies better towers, better blades, and better electronics all meant better prices for Michiganders in the wind space, which has been our least expensive resource to date. In another success story, we established both utility and non-utility programs to reduce energy waste that are delivering measureable and very cost-effective results. In fact, our energy waste elimination is coming in at about a third the cost of what we would pay to generate that power. There is an awful lot of coal and natural gas we never had to burn, and that is only one way we managed to save so much money. We have proposed an energy code that will reduce new building energy usage by at least 25 percent. I could keep listing good things that have happened, but we are here today because we have a lot more to do. Our mission is to build a foundation of adaptability - that means that regardless of what the future holds, our energy system will be able to support all our needs at a reasonable price. Our efforts should be focused on ensuring our energy infrastructure can keep up with the demands of a growing economy. We need to ensure Michigan’s future energy decisions are made in Michigan. We need to make sure that when we make those decisions, we have the right process to ensure the decisions focus on the pillars of a strong energy future: affordability, reliability, and protection of the environment. Now it is time to propose a plan that will see Michigan through at least the next 10 years of energy decision-making. During those next 10 years, Michigan will have to solve a shortage of electric generation. It will likely have to do that while complying with new federal regulations on carbon emissions. Our economy is expected to grow, and our No. 28] [March 19, 2015] JOURNAL OF THE SENATE 333 infrastructure and natural assets will become even more important to our future. Ten years is near enough to have a good idea of the challenges we will face, and long enough to take concrete steps to secure our energy future. Affordability Eliminating waste - investing in our homes and businesses - is vital to meeting our affordability goals. Michiganders pay more than the national average for the energy that powers, warms and cools their homes right now. That needs to change. The first and best thing we must do to change that is to help our homes and businesses eliminate waste. When you can get the same result for less money by upgrading your home or business, that’s a win-win-win solution for Michigan. In 2009, Michiganders used 38 percent more energy—heating plus electricity—than the national average. Our average bills were 6 percent above national average. We can lower those bills. There is a lot going on in those numbers. Our climate requires us to use more energy heating our homes than we do cooling them, unlike other parts of the country. Our natural gas price is one of the 10 lowest in the country, and that is used to heat the vast majority of homes in Michigan. That is why we use so much more energy than average, but our overall spending is a lot closer to average. But people in their homes and businesses can do better just by eliminating energy waste, and we have reason to think we have some big opportunities there. First, Michigan homes tend to be smaller and older than the national average, which means they should take less energy to heat and cool if they are properly insulated and have heating and air conditioning systems that are reasonably up to date. That means we have a big opportunity to hold down our costs by helping our neighbors do the same. When we need to build a plant or burn some coal, that shows up on all our bills. Our current program that utilities use to reduce waste has been so successful that we have spent about a third of the money we would have otherwise on coal, gas, or facilities. In other words, we saved two-thirds of our dollars, and did so while making Michiganders homes and businesses more comfortable and their bills lower. Why wouldn’t we do more of that? n Call to action: We should meet at least 15 percent more of Michigan’s energy needs in the next decade by eliminating energy waste. We know that an energy shortage will come if we do nothing. The more energy we need, the more we have to build, and building gets expensive. The best way to avoid those large expenses is to reduce that demand when it makes good economic sense. We know it does make a lot of economic sense for Michigan to reduce energy waste. The 15 percent goal comes from the reports that were prepared by the Michigan Public Service Commission and the Michigan Economic Development Corporation. That figure is actually conservative, as it represents carrying out only half of the projects that already pay for themselves. Here are some examples of ways Michiganders are already reducing energy waste in these programs: • Insulating or caulking windows to keep drafts from stealing away our heat. • Replacing old furnaces and water heaters so that we can be just as comfortable for a lot less money. • Getting newer seals on the big freezers and refrigerators in convenience and grocery stores. • Replacing older industrial equipment with newer technologies that create a better price-per-piece. We do have a lot of variation in the amount of waste that can be eliminated across the state. Some utilities cover a large number of vacation homes that are unoccupied during the winter. Insulating them won’t produce much energy savings. Other utilities serve large areas with thousands of mercury street lights that are twice as expensive to operate as newer, brighter LED technologies, older homes that are occupied year-round and could be much more comfortable if they were better insulated, and a large number of industrial operations that could become much more competitive if they had access to the expertise and capital necessary to capture those savings. Those are opportunities for save we can’t pass up. Michigan needs to change its attitude from seeing waste elimination as a nice-to-have add-on and see it as the cornerstone for Michigan’s next energy policy. n Call to action: We need to eliminate artificial limits to the amount of waste reduction that utilities do. Right now, our law prevents utilities from spending more than 2 percent of their budget on waste reductions, even if that forces them to buy more expensive equipment instead. n Call to action: We need to make sure our Public Service Commission can weigh the benefits of energy waste reductions in the same way it can weigh other kinds of expenses. n Call to action: We need to break out of the thinking that says the only compensation for waste reduction programs is to offset a loss, and instead make our smartest option a place where utilities want to invest. Capital invested in stopping energy waste should not be less valuable than capital invested in a new plant. Working families and seniors on a fixed income might want to insulate or install a better furnace, but don’t have the up-front money to do it. Or, someone might be a renter that pays utilities and would benefit from the lower bill, but doesn’t own the house. On-bill financing can be a key tool to address these kinds of situation - and 30 other states are taking advantage of it. Such plans would allow utility payers to take measures that reduce their waste, and pay for them over time as part of their electric bill. In other words, someone could essentially borrow the money to improve the furnace, and pay it back out of their monthly bill. Their bill doesn’t go up, because of the energy savings. When they are done paying it off, their bill drops. 334 JOURNAL OF THE SENATE [March 19, 2015] [No. 28 This can be a great tool for lots of Michiganders. Renters who want to make an investment to keep their utilities bill down have a way to do it. A senior citizen who knows their home could be more comfortable but doesn’t know how long they will be in the home can make the change and know they will only pay for as much as they use. Last year the Legislature and I worked as partners to allow municipal utilities to offer these programs. n Call to action: We should continue our good work on this issue, and repeal the on-bill financing ban for other utilities. There is one more big reason Michigan should be a leader in this area. Michigan has companies that design more efficient building materials, appliances, and machinery. We build many of these items here, too. Other Michiganders install these technologies and materials in Michigan homes and businesses. This is a perfect example of an opportunity to build on existing leadership the state has in connecting Michigan businesses to each other. It is the right thing to do for energy costs, and the right thing to do for Michigan businesses and Michigan jobs. We cannot let this opportunity pass us by. In every possible scenario, the elimination of energy waste is the right answer for Michigan. It enhances our reliability, as the only kind of energy that never strains the grid is the energy you don’t use. It is the best thing we can do for affordability; the cheapest energy is the energy you don’t use. It is the best thing we can do for environmental protection; the cleanest energy is the energy you don’t use. And it allows our businesses and residents to save money by supporting each other. Eliminating energy waste is only the place to start. n Call to action: When utilities propose big-dollar investments, we need to make sure those investments will keep down costs, provide reliability, and protect our environment. Utilities make a lot of investments - sometimes in new plants, sometimes in big upgrades to existing plants, and sometimes in operation, maintenance, and long-term purchase contracts. In 2008, we took a big step forward by saying investing new plants should have to be compared to other possible alternatives before pre-approval would be given. We need to expand that to all large investments. We can protect our affordability by making decisions that take into account many possible futures. That includes making sure that Michigan’s Public Service Commission has the power to require the cost of all alternatives be determined for the short and long term. Those alternatives also should be put through tests to determine the impact on reliability, our environment, and long-term regulatory compliance, and only the best alternative should be funded. That is why we must get the right expertise asking the right questions. Michigan has the opportunity to be a nationwide leader in designing such a process; we should do that now. We know that for some businesses, energy costs are not just one of many important costs, but one of their biggest expenses. Larger industrial customers that shaping metal in some way - like a steel-maker or a metal melter - are examples. On the agricultural side, some greenhouse operations also spend a large percentage of their budget on energy. We need to make sure that such businesses are able to choose Michigan, because they are a crucial part of our economic future. These are job creators that have a choice of where to locate. In order for the rest of our economy to build on a strong base of advanced manufacturing, we must be able to make sure such businesses can locate in Michigan and be competitive. We need to adhere to our cost-of-service principles for all classes, meaning no one should be subsidizing others. Under legislation passed last year, the Public Service Commission is already looking at ensuring that rates properly reflect cost‑of-service in most of lower Michigan. But there is more we can do. These are many users that are motivated to work to control their own costs and destinies—if given the tools to do so. For instance, we have seen a lot of success through the metal melting rate that Consumers Energy offers, which has as a major component pricing to encourage use during off-peak hours. We also need to encourage other voluntary “peak shaving” activities by energy users. Even small changes at the right time may have outsize benefits. n Call to action: Some energy users, especially energy intensive industries, may be able to manage their energy use to go down when the grid starts to get strained, which will hold down costs and lower risks for everyone. We should make sure that we both create an opportunity and a reward for them to partner with our utilities to capture that savings. Reliability Michigan needs to do more to keep providing reliable electric and gas service. Michigan residents and businesses need to know that when they flick the switch or twist the dial, they will have electricity and heat. Just a few days after I announced my reliability goals in 2012, many Michiganders endured the hardship of spending several days without electric power. We have had a lot of extreme weather in the last two years that was hard on our electrical system - ice storms, heavy winds - and that has made us look at all the steps we need to take to make sure that we get better about protecting ourselves from outages. People can’t get things done when the power goes out. Many of our businesses can’t function without power. Our schools close and parents must leave work to pick up their children. There also is a human element to outages that we can’t forget. Dialysis centers have to find somewhere else that can provide lifesaving treatment. A lack of air conditioning on a hot day is life-threatening to our seniors. Michigan set goals last year of being leaders in reliability - meaning ensuring that both we don’t have as many outages, and they don’t last as long. The goals we set would mean that Michiganders would experience less than one outage a year, and that it would be over in about the time of a competitive college basketball game - less than two and half hours. For No. 28] [March 19, 2015] JOURNAL OF THE SENATE 335 instance, in 2011, the average number of outages a year per customer was 1.13 (a little more than one a year). Today, it is 0.8 - meaning most Michiganders won’t experience a sustained outage this year. But we still have more to do. I commend the Public Service Commission for setting aggressive goals in this area and working to encourage more measures that are already bearing fruit, and for our utilities and grid owners for responding. Taking advantage of new technologies can also give us opportunities to prevent and fix outages much more easily than in the past. Until very recently, if your power went out, the utility did not know it until you called. Our utilities had to figure out what likely broke by how many people called, and where they were located. Now, with newer technologies, utilities can immediately see a problem and know what needs to be sent to the site to fix it. n Call to action: Michigan needs to complete plans to deploy smart meters that help utilities locate outages and restore power more quickly. The deployment of smart meters might be the best thing we ever do for reliability. That deployment should be complete in our two largest utilities in the next three years, and I know the commission has been working with utilities to accelerate the effort. n Call to action: Michigan needs to continue investing in infrastructure and maintenance to keep our power grid and pipeline system working smoothly and safely. The PSC has taken other steps to ensure reliability as well. It has pushed for more investment in tree trimming and challenged our utilities to step up their game on other infrastructure and maintenance activities that help keep our grid reliable. It’s working. The average number of power interruptions has been declining in Michigan since 2011. On the natural gas side, the commission took advantage of record-low gas prices to encourage utilities to replace our aging natural gas pipelines - especially those that are made of cast iron. For too long, we neglected our pipelines and recently, we have seen a quadrupling of leaks for some of our largest gas utilities compared to a decade ago. These programs are the right thing to do and must be continued, and accelerated as much as is economically feasible. n Call to action: We must change our electric market structure to ensure all electric providers are protecting their customers from massive outages due to lack of supply. An electric grid is a unique, gigantic machine that makes the market for electricity unlike all other economic markets. In most markets, if there is a shortage, some customers get the materials and some don’t. But with electricity, if you can’t get the electrons to the last light switch that flips “on,” then the grid fails and no one gets power. We’ve seen this happen in Michigan before. In 2003, much of lower Michigan experienced a massive outage and the Upper Peninsula remembers a similar problem when the Presque Isle Power Plant flooded out. The Midcontinent Independent Systems Operator - MISO - is charged with making the interstate electric grid operate smoothly. MISO says the majority of lower Michigan is facing a 3 gigawatt shortfall of generation that can be called on to keep the grid from failing. That is about the size of our two largest nuclear plants - Cook and Fermi - put together. And that doesn’t count the needs of the UP, which needs another plant built in the next five years. We’ve already taken some actions to fill that gap - but we aren’t done yet addressing that gap, and we will need to do more almost every year for the next decade to fill that gap. Michigan’s risk of devasting outages is serious and growing. No large-scale grid operator in the country has a more serious risk than MISO, and no place in MISO has a shortage nearly as big as Michigan’s. If we don’t solve that problem, Washington D.C. will solve it for us - and we will not like its solutions. We know this from what we are dealing with in the Upper Peninsula right now. n Call to action: We need to act now to make sure we have the tools to solve our own problems and keep decisionmaking in Michigan, not in Washington D.C. It is pretty clear that we have to make a lot of decisions - expensive decisions - in the coming years. And we have recently learned how important it is to take action in order to protect our ability to make those decisions here in Michigan. We know that if we don’t get plants built in Michigan that we need, the federal government will essentially take over setting our electric rates and planning our energy future. And we know from experience that the “solution” imposed on us will not feature adaptability, affordability, reliability, or protection of the environment. Consider what happened to the Upper Peninsula in the last year. When the utility that owned a coal plant announced it didn’t need it anymore, the people who run our interstate electrical grid for most of Michigan, a group called MISO, said the plant had to be kept operating for reliability. MISO doesn’t normally get into the economics of running actual plants; that is usually done at the state level. But when there is a potential for the grid to collapse and leave everyone without electricity, it can step in. MISO entered into a private agreement with the utility that meant Michigan ratepayers were now going to have to pay almost $100 million a year until new electric lines could be built – something that takes at least 5 years, even if done expediently. Michigan’s Public Service Commission said that amount was way too high - it meant as much as an overnight 20 percent increase in some bills. That’s approximately $120 a year extra for the hardest-hit residential customers, many of whom are on fixed incomes. That’s the kind of rate hike businesses can’t plan for and absorb. The Federal Energy Regulatory Commission imposed the rate hike it anyway, saying that even though those rates might be unjust and unreasonable, it would be sorted out later. 336 JOURNAL OF THE SENATE [March 19, 2015] [No. 28 Let’s think about the “solution” we were buying for all that money - keeping an old coal plant limping along while we spent more than a half a billion dollars on upgrading the system to bring out-of-state energy—mostly coal-generated— into Michigan. It would leave our reliability in a worse position than building a plant, it would be less affordable than building a plant, and it would be worse for the environment than building a new, natural gas plant that is designed to reduce energy waste by selling steam. That’s just not what Michiganders call a solution. So in January, we were able to announce a series of likely transactions that would provide for an orderly retirement - without millions of additional dollars in MISO-imposed payments—of the Presque Isle Power Plant (PIPP) and construction of a combined heat and power plant. Today, I am announcing that the transactions have changed slightly, but overall, the outcome is still very positive for U.P. residents. Despite the best efforts of the Upper Peninsula Power Company and Cliffs Natural Resources, they were unable to come to terms on a contract for service. However, WE Energies has now agreed to provide service without seeking extra system support revenues, and Cliffs has agreed to remain with WE Energies until the new plant can be built. Just as before, the new plant to replace PIPP will be constructed no later than 2020, and will be supported by a series of business agreements. We look forward to working with legislative partners and the utilities to further cement Michigan’s energy independence, by enabling the creation of Michigan-only utilities when that is in the ratepayers’ best interest. n Call to action: Finalize the transactions that will solve the U.P. power crisis. I am proud to say that we still believe a long-term solution for the U.P.’s current energy crisis will be in place this year. We solved the problem, because that is what Michiganders hired us do. But it is not going to be a way we can keep solving this problem, and this problem is set to hit the Lower Peninsula in a big way. The same day FERC issued orders that imposed unreasonable costs in the Upper Peninsula; it issued another order to one of Michigan’s biggest utilities, Consumers Energy. Consumers Energy plans to retire at least seven coal plants next year. It doesn’t just plan to - it has a court order requiring it to do so for environmental compliance. But when Consumers Energy asked the FERC for permission to retire those plants, FERC didn’t simply approve their request. Instead, FERC demanded more information on the impact those closings would have on others, suggesting the company could be placed in an impossible position: conflicting federal orders both to keep the plants running and to close them. This time, after a lot of additional information, the FERC agreed the plants could be closed. But what happens next time, when the Lower Peninsula has a plant that the grid needs but the utility wants to close because it doesn’t make economic sense to run it? If we don’t have the ability to make some good decisions now, our future will be decided in years of Washington bureaucratic wrangling and court cases. n Call to action: Prevent the Lower Peninsula from developing the same crisis the U.P. is living through by reforming our electrical market to require every electric provider to protect its customers. We are facing a crisis because of a shortage of plants once coal plants begin retiring next year. These plants are being retired for two main reasons. First, our coal fleet is on average more than 50 years old, so many of the facilities just aren’t efficient to run anymore. Second, there are some EPA regulations that are going to come into effect in the near future that will mean at least nine coal plants in lower Michigan, plus PIPP, will need to retire because they are too expensive to upgrade to meet the new standards. This projected shortfall does not take into account any additional federal requirements that are currently proposed; it is the result of regulations that have already survived years of court challenges and are undoubtedly coming. We know at least 10 plants in Michigan will retire in the coming years. It could be more. We cannot fix this without changing the way we structure our market. We need to give our regulators the power to determine when we may face a shortage, and tools to address it when we do. Without that, we cannot be adaptable. We also need to make sure that every company that sells energy in Michigan is protecting its customers from unpredictable price spikes due to a lack of generation or import ability. We can fix our electric capacity problem without forcing customers to change electric providers. But we can’t fix our electric capacity problem until every electric provider has an equal responsibility to ensure that the plants or transmission lines their customers rely on will be there. Right now, we know we have a problem coming on that front. We need to require everyone selling power in Michigan to be part of solving that problem. We can solve this problem without getting rid of retail open access - sometimes called choice—for those businesses that have already made plans and commitments to get their power from an alternative electric supplier. But we can only solve this problem if that choice is a fair choice. In Michigan, any company that sells you life insurance has to show the state that they have enough reserves to make good on the policy they are selling. It’s only fair to make sure that everyone who sells power is also required to buy the insurance policy that protects us all from big risks if there is not enough power available. Right now, our incumbent utilities are required to be ready to take 100 percent of customers back - but those utilities will not receive approval to build plants their current customers don’t need. When there were plenty of plants, that system worked without causing a reliability problem. But that is not going to be the case in the coming years. Instead, we face the question of how to pay for plants that may only need to run a few weeks a year, if no utility can be authorized to build them, and no investor thinks they can make their money back. No. 28] [March 19, 2015] JOURNAL OF THE SENATE 337 In Michigan, we believe in the principle of cost of service - users should not be subsidizing each other. That principle needs to apply to our market design too, and make sure everyone is fairly sharing in the costs of those plants we may only need a few times a year, or the lines we need to bring in the power that keeps our grid running. This must be a top priority. While we need to change our market structure, we need to recognize the fact that in much of Michigan, 10 percent of businesses have relationships with other electric providers. When we change our system, we can respect those business decisions and allow those relationships to continue, if those providers can be part of the solution to our current problems. Reorganizing and redesigning electric markets, and giving our electric companies and their customers time to respond to those changes, is crucial. We also need to have a defined universe of megawatts we are addressing, so we need to keep the 10 percent limit. It takes 3-5 years to build a new generating plant, including all regulatory approvals and permit requirements. So we need to know electric customers are protected now and 5 years into the future. That will give us time to construct a new, efficient plant if needed. All electric companies should be required to show the MPSC they have the capacity to serve their customers for the next five years in order to do business in Michigan. I am calling on the legislature to help us reform this system before the summer break, so that we can give ourselves as much time as possible to make a smooth transition. Adaptability Michigan must set a reasonable, achievable and efficient goal for 2025: a minimum of 30 percent clean energy and potentially much more. 2025 is 10 years away. And in those 10 years, Michigan is going to need to build new plants for electric generation and make sure our natural gas infrastructure is able to handle increased demand. We need to make sure our decisions keep Michigan adaptable, while making sure our energy is reliable, affordable, and protective of the environment. We’ve been talking about energy for some time, and that time has given us clarity on some key challenges facing Michigan. Michigan has historically been one of the top 10 states most dependent on coal. We will have fewer coal plants in the near future. Now is the time when we will make energy decisions that shape our future and our children’s energy future. That energy future can be one where our system is adaptable, reliable, affordable, and protects our environment - but only if we are smart about how we make those decisions and take advantage of our strengths. Michigan is well-positioned to make those decisions. We’ve been working during the last few years and have a pretty good idea of the range of the best solutions for Michigan. First, we know that Michigan will benefit most by eliminating energy waste as our first priority. Then we can look at what plants will be shutting down and what will be replacing those to determine what our future mix of electric plants will look like. We will have less coal and more natural gas and renewables. We will have more natural gas plants for baseload generation as well as for intermittent generation when power from renewables may not be available—and more renewable energy to help us contain costs. And reducing energy waste will be an increasingly important part of our portfolio. If you look at where Michigan gets its electricity today, we are still pretty reliant on coal. But we are seeing a contribution from our newer investments - reducing waste and renewables - that is almost as large as the contribution from our nuclear plants. Below are charts showing what our mix looks like when you add in the energy waste reductions, or if you look only at our generation. Michigan’s 2015 Electricity Mix 338 JOURNAL OF THE SENATE [March 19, 2015] [No. 28 Now, when we look at the future, what do we know? First off, we know Michigan is growing again. While we should look at all scenarios, we should plan for at least a moderate amount of growth in electric demand. We know that renewable energy has dropped significantly in cost, making it cost-competitive or close to costcompetitive. We are now hearing firm 20-year price quotes for wind that are less expensive than coal or natural gas. These least-expensive renewables can’t provide baseload power - because they only work when the sun is shining or the wind is blowing. That said, we have a unique asset that helps us store power in Ludington, Mich. so we can get more benefit from intermittent power than most states do. We know that our nuclear production is likely to hold steady until the federal government figures out what do to with the waste, and until we figure out a way to make sure nuclear plant construction can be done cost-effectively. Our new source of baseload power will likely come from natural gas. We know that natural gas prices at more stable lows than we have seen for decades. We know Michigan has the best natural gas storage in the country. We know Michigan has the ability to produce natural gas - with a safety record to be proud of. And we know natural gas prices are very competitive in Michigan – the eighth-lowest in the country. With that said, natural gas also has a history of very volatile fuel pricing - lots of spikes as well as valleys. To protect Michigan residents and business from big price swings, we will need to offset that risk of natural gas prices with power that doesn’t need us to pay for fuel - renewables. Now, let’s get to what we don’t know. We don’t know if exactly what natural gas will cost - if it will beat renewables, or vice-versa. So starting with what we know, we can try out some possible futures and see what our mix would be if we just built as much of the cheapest thing as possible to fill our gap. To make it simple, these scenarios do not try to include any new federal regulations change the mix, or hedge our risks, or technological changes. If natural gas generation is generally less expensive than renewables (onshore wind), then here would be the state’s energy mix in 2025 with energy waste elimination shown (top), or the resource mix of only our generation assets (below). Michigan’s Potential 2025 Electricity Mix (natural gas less expensive than renewables per kWh) No. 28] [March 19, 2015] JOURNAL OF THE SENATE Now let’s look at another scenario, where onshore wind is less expensive than natural gas. Michigan’s Potential 2025 Electricity Mix (natural gas more expensive than renewables per kWh) 339 340 JOURNAL OF THE SENATE [March 19, 2015] [No. 28 If we look at nothing but cost—and renewables don’t beat natural gas on cost—Michigan would want to get 30 percent of our energy needs in 2025 from our cleanest sources (eliminating waste and renewable energy). If we look at nothing but cost, and renewables beat natural gas on cost, Michigan would want to get 40 percent of our energy needs by 2025 from our cleanest sources (eliminating waste and renewable energy). Once you start looking at possible futures, you can see why Michigan’s energy goals include the elimination of energy waste and moving to a mix of natural gas and renewables. No matter what the future holds, there is no scenario in which we should not more than double our efforts to reduce energy waste. There are reasonably likely situations in which for financial reasons alone, Michigan would want to more than double our current renewable generation. And you also see why we need to be adaptable, since we don’t know which future we will actually come to see. When other factors are taken into account, including the likelihood of increased regulation on coal and the expected upward pressure on natural gas prices, it is clear that this range - 30 percent to 40 percent renewables plus waste reduction— represents the least amount of waste reduction and renewable energy that would make sense for Michigan to invest in during the next ten years. Protecting the Environment Michigan’s energy generation needs to be part of a healthier future by reducing mercury emissions, pollution that creates acid rain, and particles in the air for the health of Michigan. In Michigan, pregnant women and children can’t eat a lot of fish we catch in our lakes and rivers because the mercury in the fish would cause serious health and developmental problems. There also are studies dating back decades that show particulate matter in the air is linked to asthma attacks and hospitalization, especially in children. And as the home of the Great Lakes, Michiganders care about acid rain creation, which is why we showed a lot of early leadership in controlling the pollutants that cause this. We should not lose sight of the fact that there are other reasons beyond cost and portfolio diversity that these technologies are better for Michigan than what we have today. Pure Michigan has been such a powerful brand for our state because it promotes the reality of our state. People should come here to enjoy the kind of experiences that make treasured memories. One nearly-perfect Pure Michigan moment that comes to mind is a kid pulling a huge fish out of a picture-perfect lake. You know how to make that perfect? Having the kid be able to eat that fish that night. That’s a part of no-regrets energy decision making. We need to continue to take environmental priorities into account when making energy decisions. We must work to ensure our energy portfolio should continue to get better over time in controlling pollutants. When you replace a coal plant with a natural gas plant, you have essentially eliminated mercury as a pollutant from that plant. Chemicals that lead to acid rain—SOx and NOx—also drop enormously when you replace coal with natural gas. Particulate matter, which is linked to heart and lung diseases - like asthma - is reduced through natural gas use instead of coal, but large reductions come when you rely more on our cleanest sources, like waste elimination and wind or solar power. Of course, we can’t just look at power plants when we discuss energy and the environment. In charting out Michigan’s energy future, we should also explore ways to promote the adoption of advanced transportation fuels such as natural gas, biofuels, hydrogen, and electricity. Passenger cars and trucks, transit buses, fleet delivery vans, refuse and utility trucks, and even heavy duty rigs are now being powered by alternative energy sources and we must continue to examine how smart policies can help encourage their growth as part of Michigan’s energy future. We also need to look at emerging technologies that may be able to do more to limit pollution from traditional vehicles. Michigan has been a leader in developing and testing autonomous and connected vehicles, which would not only help reduce crashes, but can reduce emissions too. In another arena, yesterday new rules went into place that continue Michigan’s tradition of protective and effective regulation of drilling for natural gas and oil, and help us adapt to technological change. We are pleased at the level of thoughtful interest and exchange this issue is receiving outside of government. The rules that took effect this week regarding high volume hydraulic fracturing were developed while key decision-makers from the state were participating in the first phase of an integrated assessment by the University of Michigan’s Graham Institute. That helped us see an opportunity to strengthen our protection of water and give the public more information. Specifically, we took some steps to require more preparatory work and monitoring of water levels. Baseline water quality samples will also have to be collected, so we will be able to know what the water quality was in the area before the operation started. DEQ will also have to be notified at least 48 hours before the operation starts. The public will also have more information about when and where high volume hydraulic fracturing is used - permits will now have to contain this information, even if the producer is using the technique on an old well. The pressures and volumes being used will be reported, and operators must post information about the chemical additives used on the FracFocus Chemical Disclosure Registry - which is on the web and anyone can access. The Graham Institute is now well into the second phase of its integrated assessment and the State will be among the many entities giving public comment to the researchers. The State looks forward to reading the final assessment and considering whether further rule changes or other improvements should be proposed. No. 28] [March 19, 2015] JOURNAL OF THE SENATE 341 Conclusion Now is the time for Michigan to take charge of its energy future. We have an agenda before us with great challenges. We have set ambitious goals and there is much to do if we are to meet them. But one thing we know for sure is that Michiganders do not back away from challenges. Our reinvention is proof that we know how to pull together, innovate and find solutions. We can lead the nation. That’s the only way we should approach our energy needs. I announced in the State of the State address that I plan to create a state agency focused entirely on meeting our energy needs now and long into the future. Later this month, I will sign an executive order creating that agency so that we can start improving our energy decision-making. We will do that not by replacing the skilled decision-making by our Public Service Commission and Department of Environmental Quality, but by having a single agency dedicated to getting all of our departments and commissions the information and context they need to support our energy priorities. We will be ready to put into place the changes that come about through work with our legislative partners as well as stakeholders. And most of all, we will be ready to adapt and make sure Michigan - and Michiganders—make the best energy decisions for our future. The message was referred to the Secretary for record. The following messages from the Governor were received and read: March 13, 2015 I respectfully submit to the Senate the following appointment to office: Director - Michigan Department of Talent and Economic Development Steve Arwood of 5665 S. Forrest Road, St. Johns, Michigan 48879, county of Clinton, is appointed for a term commencing March 16, 2015, and expiring at the pleasure of the Governor. March 13, 2015 I respectfully submit to the Senate the following appointment to office: Director - Michigan Talent Investment Agency Stephanie A. Comai of 1216 Glen Leven Road, Ann Arbor, Michigan 48013, county of Washtenaw, is appointed for a term commencing March 16, 2015, and expiring at the pleasure of the Governor. March 16, 2015 I respectfully submit to the Senate the following appointment to office: Certificate of Need Commission Marc D. Keshishian of 30498 Fox Club Drive, Farmington Hills, Michigan 48331, county of Oakland, representing one individual representing a nonprofit health care corporation operating pursuant to the nonprofit health care corporation reform act, 1980 PA 350, MCL 550.1101 to 550.1704, or a nonprofit mutual disability insurer into which a nonprofit health care corporation has merged as provided in section 5805(1) of the insurance code of 1956, 1956 PA 218, MCL 500.5805, and Democrats, succeeding himself, is reappointed for a term expiring January 1, 2018. March 16, 2015 I respectfully submit to the Senate the following appointments to office: Michigan State Housing Development Authority Steve Arwood of 5665 S. Forrest Road, St. Johns, Michigan 48879, county of Clinton, representing the Director of the Department of Human Services, succeeding Maura Corrigan, is appointed for a term expiring at the pleasure of the Governor. Alexander Simpson of 16554 Princeton Street, Detroit, Michigan 48221, county of Wayne, representing Independents, succeeding Robert Sher, is appointed for a term expiring March 10, 2019. Scott Wierda of 6031 Hillsborough Drive, Georgetown, Michigan 49418, county of Ottawa, representing Republicans, succeeding himself, is reappointed for a term expiring March 10, 2019. March 17, 2015 I respectfully submit to the Senate the following appointment to office: President - Michigan Strategic Fund Steve Arwood of 5665 S. Forrest Road, St. Johns, Michigan 48879, county of Clinton, is appointed for a term expiring at the pleasure of the Governor. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. 342 JOURNAL OF THE SENATE [March 19, 2015] [No. 28 By unanimous consent the Senate proceeded to the order of Resolutions Senator Johnson entered the Senate Chamber. Senators Proos, Pavlov, Zorn, Colbeck, Horn, Robertson, Schmidt, Emmons, Marleau and Rocca offered the following concurrent resolution: Senate Concurrent Resolution No. 6. A concurrent resolution to memorialize the Congress of the United States to appropriate funds from the Nuclear Waste Fund for the establishment of a permanent repository for high-level nuclear waste or reimburse electric utility customers who paid into the fund. Whereas, The nuclear power industry needs a permanent repository for high-level nuclear waste produced by reactors. Nuclear power plays a vital role in meeting our nation’s current and future energy needs. However, the failure to construct a permanent repository severely impedes efforts to construct new power plants to provide clean and reliable base load power; and Whereas, Over the last 30 years, the nuclear power industry and its customers have paid the federal government billions of dollars to construct a permanent repository. Under the Nuclear Waste Policy Act of 1982, the U.S. Congress established the Nuclear Waste Fund to collect money for the repository. Revenue to the fund came from mandatory fees assessed on all nuclear energy. Since 1983, customers of Michigan electric utilities alone have paid $812 million into the fund for construction of the repository; and Whereas, A permanent repository for high-level nuclear waste has not been established and constructed. More than 2,000  metric tons of spent nuclear fuel from power plants continue to accumulate at temporary and potentially vulnerable sites across the nation, adding to the more than 70,000 metric tons already stored at these sites; and Whereas, The Nuclear Waste Fund contains a substantial balance for establishment of the repository. While fee collection was suspended on May 16, 2014, the fund still contains a balance of over $31 billion for the express purpose of supporting radioactive waste disposal activities. It is imperative that Congress meet its obligation to the nuclear power industry and U.S. citizens who paid into this fund; now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That we memorialize the Congress of the United States to appropriate funds from the Nuclear Waste Fund for the establishment of a permanent repository for high-level nuclear waste or reimburse electric utility customers who paid into the fund; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the concurrent resolution, Senator Kowall moved that the concurrent resolution be referred to the Committee on Energy and Technology. The motion prevailed. Senators Booher, Brandenburg, Casperson, Jones and Kowall were named co‑sponsors of the concurrent resolution. Senators Pavlov, Proos, Zorn, Colbeck, Horn, Robertson, Schmidt, Emmons, Marleau and Rocca offered the following concurrent resolution: Senate Concurrent Resolution No. 7. A concurrent resolution to memorialize the Congress of the United States to ensure a safe and permanent location to store nuclear waste and to refer the issue of locating nuclear waste repositories in the Great Lakes basin to the International Joint Commission. Whereas, The permanent, long-term storage of nuclear waste is an ongoing problem that must be addressed by all nations. Nuclear power provides large amounts of reliable, emission-free electricity at stable prices. It can play a major role in meeting the need for new cleanly-produced base load generating capacity as long as a solution can be found for safely dealing with the thousands of tons of radioactive waste produced each year; and Whereas, Decades of investigation and debate have identified Yucca Mountain in Nevada as a safe and acceptable reposi­tory for the permanent storage of high-level radioactive waste. Selected in the early 1980s as a potential site, Yucca Mountain was approved by Congress and President Bush as the site of the nation’s repository in 2002. In 2008, the Nuclear Regulatory Commission (NRC) accepted an application to construct and operate the repository, but two years later, at the urging of President Obama, the U.S. Department of Energy (DOE) chose to terminate the process. In October 2014, the NRC released a report that confirmed Yucca Mountain would meet all NRC standards for protecting people and the environment from radioactivity. Clearly, it is time to reopen the Yucca Mountain process, as it will provide the best long-term solution to our nation’s nuclear waste problem; and No. 28] [March 19, 2015] JOURNAL OF THE SENATE 343 Whereas, The Canadian government is also considering a proposal for a permanent nuclear waste repository. Ontario Power Generation is proposing to construct a repository for low- and intermediate-level radioactive waste at a site less than a mile inland from the shore of Lake Huron. Placing a repository so close to the Great Lakes is a matter of serious concern. A leak or breach of radioactivity from the facility could damage the ecology of the lakes. Tens of millions of United States and Canadian citizens depend on the lakes for drinking water, fisheries, tourism, recreation, and other industrial and economic uses; and Whereas, Successful national nuclear policy requires a safe and permanent repository for nuclear waste in a suitable geologic location. It is ironic that our nation has adopted a process that identified a safe and scientifically-acceptable location but refuses to move forward, while at the same time, Canada is moving forward with a flawed nuclear waste policy that has led to the consideration of an inappropriate site on the shores of the Great Lakes. Congressional leadership is needed to put our national and regional nuclear policy on course; now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That we memorialize the Congress of the United States to ensure a safe and permanent location to store nuclear waste; and be it further Resolved, That we urge Congress to refer the issue of locating repositories for nuclear waste in the Great Lakes basin to the International Joint Commission; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, and the commissioners of the International Joint Commission. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the concurrent resolution, Senator Kowall moved that the concurrent resolution be referred to the Committee on Energy and Technology. The motion prevailed. Senators Booher, Brandenburg, Casperson, Jones and Kowall were named co‑sponsors of the concurrent resolution. Senators Zorn, Proos, Pavlov, Schmidt, Horn, Colbeck, MacGregor, Robertson, Emmons, Marleau and Rocca offered the following concurrent resolution: Senate Concurrent Resolution No. 8. A concurrent resolution to urge the U.S. Department of Energy and the U.S. Nuclear Regulatory Commission to fulfill their obligation to establish a permanent repository for high-level nuclear waste. Whereas, Over the past four decades, nuclear power has been a significant source for the nation’s electricity production. According to the U.S. Energy Information Administration, nuclear power provided about 20 percent of the electricity produced in the United States in 2013, and Michigan’s three nuclear power plants provided 28 percent of the electricity generated in Michigan; and Whereas, Since the earliest days of nuclear power, the great dilemma associated with this technology is how to deal with used nuclear fuel. Currently, more than 70,000 metric tons of spent nuclear fuel are stored in pools or casks at temporary sites around the country, including Michigan. This high-level radioactive waste demands exceptional care in all facets of its storage and disposal, including transportation; and Whereas, More than 30 years ago, Congress enacted the Nuclear Waste Policy Act of 1982 to address this issue. The act requires the federal government, through the Department of Energy, to build a repository for the permanent storage of high-level radioactive waste from nuclear power plants and begin accepting waste by January 31, 1998; and Whereas, It is now 2015, and the nation still remains without a permanent repository, despite billions of dollars collected from electric ratepayers for the project. Spent nuclear fuel continues to pile up at temporary sites around the country, and the ongoing problem of permanent disposal is a drag on the potential of the nuclear power industry to meet our nation’s energy needs. There is only so long that our nation can continue to safely store this waste at temporary sites; now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That we urge the U.S. Department of Energy and the U.S. Nuclear Regulatory Commission to fulfill their obligation, as provided by law, to establish a permanent repository for high-level nuclear waste; and be it further Resolved, That copies of this resolution be transmitted to the Secretary of Energy, the U.S. Nuclear Regulatory Commission, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the concurrent resolution, Senator Kowall moved that the concurrent resolution be referred to the Committee on Energy and Technology. The motion prevailed. Senators Booher, Brandenburg, Casperson, Jones and Kowall were named co‑sponsors of the concurrent resolution. 344 JOURNAL OF THE SENATE [March 19, 2015] [No. 28 enator Casperson offered the following resolution: S Senate Resolution No. 25. A resolution to memorialize the Congress of the United States to pass legislation that authorizes the U.S. Army Corps of Engineers to implement measures at the Brandon Road lock and dam to prevent Asian carp from entering the Great Lakes. Whereas, Asian carp are an imminent and serious threat to the health and economy of Michigan and the entire Great Lakes region. Only 50 miles downstream from Lake Michigan, this aquatic invasive species’ voracious appetite would disrupt food webs, leaving inadequate food for more desirable species within the Great Lakes, and threatening the $7-billion Great Lakes recreational and commercial fishing industry; and Whereas, Current controls in the Chicago area are inadequate to prevent the movement of Asian carp and potential future aquatic invasive species (AIS) between the Great Lakes system and the Mississippi River system. A U.S. Army Corps of Engineer and U.S. Fish and Wildlife Service study has demonstrated that the electrical barriers that provide the front line of protection against carp do not prevent the movement of all fish; and Whereas, Control measures implemented at the Brandon Road lock and dam in Joliet, Illinois, would reduce the risk of an Asian carp invasion while maintaining efficient navigation. Composed of representatives from government, industry, business, anglers, and conservation groups, the Chicago Area Waterway System Advisory Committee has recommended the deployment of innovative technologies and the reconfiguration of the locks in a newly-engineered channel at this key location. The U.S. Army Corps of Engineers has begun the scoping process for this project; and Whereas, Moving forward with design, engineering, and construction of these measures would be a worthwhile shortterm and long-term investment in the Great Lakes region. While negotiations continue on a permanent long-term solution, these measures would provide additional protection and be consistent with an eventual long-term solution. In addition, this project would serve as a valuable demonstration for technologies that could be implemented in other areas of the country; and Whereas, There is a window of opportunity now to protect the Great Lakes, avoid irreparable harm to the system, and prevent decade upon decade of future management costs. Once established, Asian carp would be nearly impossible to eradicate and would join zebra mussels, sea lamprey, and other AIS that Great Lakes governments and businesses spend millions of dollars per year to control. The Brandon Road lock and dam project would be a solid first step in creating greater structural protections for the Great Lakes; now, therefore, be it Resolved by the Senate, That we memorialize the Congress of the United States to pass legislation that authorizes the U.S. Army Corps of Engineers to implement measures at the Brandon Road lock and dam to prevent Asian carp from entering the Great Lakes; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Natural Resources. The motion prevailed. Senators Bieda, Booher, Brandenburg, Colbeck, Hood, Horn, Jones, Kowall, MacGregor, Marleau, O’Brien, Proos, Robertson, Rocca, Schmidt, Stamas and Zorn were named co‑sponsors of the resolution. enator Kowall offered the following resolution: S Senate Resolution No. 26. A resolution to urge the Federal Aviation Administration to reconsider new policies that would prohibit offset loading of sea-land containers by the U.S. air cargo industry. Whereas, Air cargo carriers capable of transporting very large or irregular cargo and sea-land containers are a small, but critical, segment of the U.S. air transportation sector. It is important that they remain economically viable and able to maintain their aircraft capacity, which is frequently needed for vital national interests; and Whereas, For over four decades, the air cargo industry has safely loaded sea-land containers along the sides of aircraft, utilizing the aircraft designed restraint system, as an efficient and cost-effective means of transporting the containers. Offset loading has until now been accepted by the Federal Aviation Administration (FAA). In addition, the International Air Transport Association (IATA) has incorporated the offset loading method into its latest standards (January 2015), which are followed and will continue to be followed by carriers throughout the world. According to the IATA, there has never been an accident or incident involving the loading of sea-land containers; and Whereas, The FAA has taken actions that would ban this common operating procedure. The FAA has proposed a new airworthiness directive that would prohibit offset loading onto Boeing 747. In addition, the FAA has adopted a national policy notice that would prevent FAA inspectors from approving offset loading procedures; and No. 28] [March 19, 2015] JOURNAL OF THE SENATE 345 Whereas, The FAA’s actions are based on flawed information. First, while the Boeing 747 Weight and Balance Manual does not explicitly provide for the offset loading method, it does allow for alternative methods of loading not covered in the manual as long as specific operating limitations are maintained. Second, 2014 safety tests that found offset loading to be unsafe did not reflect the actual methods used to conduct offset loading under IATA standards, nor did it use prescribed testing standards. Testing performed earlier this year under more realistic conditions and using the prescribed standards demonstrated that offset loading can be used without threat to safety; and Whereas, U.S. air cargo carriers will be at a significant competitive disadvantage if not allowed to load cargo in an offset configuration. Most foreign carriers will continue to use IATA’s specifications for guidance on cargo loading, as they are not required to adopt the FAA’s proposed and overly-restrictive regulations. U.S. carriers will be forced to use other, less efficient loading methods that reduce the cargo capacity of the aircraft and increase costs for carriers and shippers alike, making it difficult to compete with foreign carriers. The FAA has already forced at least one U.S. cargo carrier to forego a great deal of business to the benefit of foreign carriers in Europe, the Middle East, and Russia. The FAA’s unfounded actions will lead to serious financial losses for U.S. carriers and jeopardize their ability to operate to the detriment of the nation’s air transportation industry; now, therefore, be it Resolved by the Senate, That we urge the Federal Aviation Administration to reconsider its national policy notice and proposed airworthiness directive that would prohibit offset loading of sea-land containers by the U.S. air cargo industry; in light of the record of safe operations with offset-loaded containers, renewed testing on this method that has been accom­ plished, serious economic harm to U.S. heavy cargo carriers, and unwarranted benefits to foreign competitors; and be it further Resolved, That copies of this resolution be transmitted to the Administrator of the Federal Aviation Administration and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Transportation. The motion prevailed. Senators Booher, Brandenburg, Casperson, Colbeck, Horn, Marleau, Proos, Schmidt, Stamas, Warren and Zorn were named co‑sponsors of the resolution. By unanimous consent the Senate returned to the order of Motions and Communications enator Hood moved that Senator Warren be excused from the balance of today’s session. S The motion prevailed. Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 24 Senate Bill No. 100 Senate Bill No. 106 Senate Bill No. 139 The motion prevailed. The following bill was read a third time: Senate Bill No. 24, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2014 PA 40. The question being on the passage of the bill, Senator Knezek offered the following amendment: 1. Amend page 30, following line 21, by inserting: “Enacting section 2. The legislature shall annually appropriate sufficient funds from the state general fund to the state school aid fund created in section 11 of article IX of the state constitution of 1963 to fully compensate for any loss of revenue to the state school aid fund resulting from the enactment of this amendatory act.”. 346 JOURNAL OF THE SENATE [March 19, 2015] he amendment was not adopted, a majority of the members serving not voting therefor. T Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 55 Yeas—11 Ananich Hertel Johnson Smith Bieda Hood Knezek Young Gregory Hopgood Rocca Nays—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Excused—1 Warren Not Voting—0 In The Chair: President he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 56 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 [No. 28 No. 28] [March 19, 2015] JOURNAL OF THE SENATE 347 Excused—1 Warren Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 100, entitled A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, admin­ istration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 22 (MCL 205.22), as amended by 2007 PA 194. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 57 Yeas—36 Ananich Hertel Knollenberg Robertson Booher Hildenbrand Kowall Rocca Brandenburg Hood MacGregor Schmidt Casperson Hopgood Marleau Schuitmaker Colbeck Horn Meekhof Shirkey Emmons Hune Nofs Smith Green Johnson O’Brien Stamas Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Nays—1 Bieda Excused—1 Warren 348 JOURNAL OF THE SENATE [March 19, 2015] [No. 28 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 106, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4o (MCL 205.54o), as amended by 2004 PA 173. The question being on the passage of the bill, Senator Knezek offered the following amendment: 1. Amend page 3, following line 16, by inserting: “Enacting section 2. The legislature shall annually appropriate sufficient funds from the state general fund to the state school aid fund created in section 11 of article IX of the state constitution of 1963 to fully compensate for any loss of revenue to the state school aid fund resulting from the enactment of this amendatory act.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hansen requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 58 Yeas—13 Ananich Hood Johnson Rocca Bieda Hopgood Jones Smith Gregory Horn Knezek Young Hertel Nays—24 Booher Hansen Marleau Robertson Brandenburg Hildenbrand Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Knollenberg O’Brien Shirkey Emmons Kowall Pavlov Stamas Green MacGregor Proos Zorn Excused—1 Warren Not Voting—0 In The Chair: President he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: No. 28] [March 19, 2015] JOURNAL OF THE SENATE Roll Call No. 59 349 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Warren Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. Senator Green asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Green’s statement is as follows: Senate Bill No. 106 provides a sales tax exemption for fundraisers held by VSOs, which are veterans posts, veterans legions, and all the veterans organizations, for a benefit that is for a specific active duty military member or veteran. Some of you may remember we had a sergeant come in and testify before us at one of our last memorial meetings, a quadriplegic who lost both arms and both legs in Afghanistan. They had some fundraisers for him back home, and through the sales tax law, they found out that anything over $5,000 they’re going to pay sales tax on. I don’t think anyone here feels like if we do fundraisers for our veterans who have lost limbs—or any veteran—we should give our money to the state. I believe 100 percent of the money should go to the veteran, if that’s what it is. This means that veterans posts will still pay taxes on what they buy, but they won’t have to on dinner. This amendment before us now wants the Legislature to annually appropriate funds from the state fund to divert this money to the School Aid Fund. It is a valiant offer by my friend from the 5th District, but Senate Fiscal couldn’t find out how much that would be and said if there was any money at all, it would be negligible. I still believe that anything we do for our veterans, 100 percent of it should go to veterans. I move that you defeat this amendment. The following bill was read a third time: Senate Bill No. 139, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1272b (MCL 380.1272b). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 60 Ananich Bieda Yeas—36 Hertel Knollenberg Robertson Hildenbrand Kowall Rocca 350 JOURNAL OF THE SENATE [March 19, 2015] Booher Hood Brandenburg Hopgood Casperson Horn Colbeck Hune Emmons Johnson Green Jones Hansen Knezek [No. 28 MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Smith O’Brien Stamas Pavlov Young Proos Zorn Nays—1 Gregory Excused—1 Warren Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senators Hopgood, Ananich, Warren, Hertel, Smith, Hood, Knezek, Gregory, Johnson, Young and Bieda introduced Senate Bill No. 223, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811ii. The bill was read a first and second time by title and referred to the Committee on Transportation. Senators Knezek, Bieda and Ananich introduced Senate Bill No. 224, entitled A bill to amend 1978 PA 472, entitled “An act to regulate political activity; to regulate lobbyists, lobbyist agents, and lobbying activities; to require registration of lobbyists and lobbyist agents; to require the filing of reports; to prescribe the powers and duties of the department of state; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending section 6a (MCL 4.416a), as added by 1994 PA 383. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. House Bill No. 4038, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5718 (MCL 600.5718). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4188, entitled A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” (MCL 722.111 to 722.128) by adding sections 14e and 14f. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. No. 28] [March 19, 2015] JOURNAL OF THE SENATE 351 House Bill No. 4189, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” (MCL 710.21 to 712B.41) by adding section 23g to chapter X. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. House Bill No. 4190, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 5a. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. House Bill No. 4289, entitled A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending section 13g (MCL 38.1133g), as added by 2014 PA 185. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Commerce. Statements Senators Marleau, Bieda and Young asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Marleau’s statement is as follows: I’d like to take a moment of your time and publicly thank Niko Burnell from my staff for his service to the state of Michigan. Niko Burnell is moving on. He’s done an outstanding job in my office, and it was great to have him as part of my team. He started as an intern in January 2013. After graduating from Michigan State University in 2014, he was hired on my staff. Niko has proven himself very quickly and now supervises all the interns on properly handling constituents. He has spent the better part of two years working with constituent concerns on Medicare issues. That took a tremendous amount of hard work and patience. Most recently, he’s been an integral part of a workgroup on immunizations, which is very important to us, getting the young ones vaccinated here in the state of Michigan. Niko is now moving forward in his career. His next position is at a local hospital down the street, working on transforming their IT systems to better serve patients. I would like to thank him for his hard work. We are sad to see him leave, but we also appreciate the hard work that he has put in in our office and also to the state of Michigan and to the 12th Senate District. I would like to take this opportunity to thank him and wish him the best in his future endeavors, both personal and professional. I am giving Niko the state seal that we have all signed just recently. enator Bieda’s statement is as follows: S Today, I rise in honor of Louise Messana. She died peacefully in her home on March 16, 2015, at 80 years of age. Louise is the loving mother of State Representative Marilyn Lane, the cherished grandmother of Pamela David, and great-grandmother of Jameson. She’s also the beloved sister of Mary, Rosemarie, and Janet; a dear aunt to many nieces, nephews, grandnieces, and grandnephews, as well as in-laws; and also beloved by all co-workers and doctors at South Macomb Internists, where she was still working when she died. She was preceded in death by her loving husband Nino. Louise was born on May 28, 1934, in Detroit, Michigan, daughter of the late Bruno and Theresa Votano. Louise worked for South Macomb Internists of Warren for over 35 years as an office manager. She was still working there part-time at the time of her death, and she was looking forward to the spring and the beauty it would bring. Louise was the biggest sweetheart and would do anything for anyone. She took great joy in seeing everyone happy and was not only an inspiration, but a role model to her daughter, State Representative Marilyn Lane, her granddaughter, and all the many whom she touched in her lifetime. When she had free time, Louise enjoyed sewing, cooking, and making her famous delicious cannoli. Her greatest joy was her family, and she lived for each and every moment she was able to share in their company. She especially adored her great-grandson Jameson, who was the apple of her eye. 352 JOURNAL OF THE SENATE [March 19, 2015] [No. 28 Louise was a devoted and caring woman, with great values, who lived her life with love and purpose. She touched an innumerable number of hearts and lives, and the compassion and friendship that she extended to others was a blessing to all who knew her. A moment of silence was observed in memory of Louise Messana, Fraser resident and mother of State Representative Marilyn Lane. enator Young’s statement is as follows: S Mr. President, it has been too long. I would like to start with a quote from President Richard M. Nixon: “Federal and state laws should be changed to no longer make it a crime to possess marijuana for private use.” Mr. President, the American people were clear about what they wanted in this election. They were clear about a few things: No. 1, they wanted to raise the minimum wage. No. 2, they were for policies in favor women’s reproductive rights. No. 3, they were—much to my chagrin—for more Republicans. No. 4, Mr. President, they wanted to legalize marijuana. If we are a body of the people, for the people, and by the people, Mr. President, it is time to free the weed. Now I know what you’re saying. I know you’re looking at me. People are kind of nervous. Some folks are shifting around in their seats. “What is this guy talking about?” Some people are like, “Coleman has lost it. He has gone off of the mountain.” Hear me out on this. I want to break this down in a couple points, and then I’m going to be done. First of all, this is a criminal justice issue. About 17,830 people get arrested for the possession of marijuana every year. Our revenue, taxpayer dollars, and hardworking American heroes in the police department could be doing other things. Secondly, in this state, if you’re an African American or a minority, you are three times more likely to be arrested for possession of marijuana. The only state where that is equal is in Hawaii, where our President, Barack Obama, is from. I’m just throwing that out there. So this is something that, from a criminal justice position, needs to be addressed. The institutional racism—unintentional; I’m not saying it’s an intentional thing—has caused much harm to the minority community. First, it’s gone from a war on drugs and about trying to solve the social ills of addiction to a war on black and brown people. Secondly, it’s a revenue issue. If we were to legalize marijuana nationally, $9 billion would go into the federal treasury. That’s something that’s very important economically. That’s something that’s very important in terms of running the govern­ ment. That’s also something that we can do that we can actually regulate, educate, medicate, and tax marijuana, rather than locking people up senselessly, destroying their lives, giving people records, and making it harder for people to be able to pursue the American Dream of getting a job and providing for their family. Thirdly, I also think that this is very important from the aspect of hemp. The versatility that hemp has, whether we’re making auto parts, making textiles, making superconductors, or whether it can be used as an alternative energy source, these are things that we need to have in this state and in this country that would separate us and put us on a higher plateau economically. Another reason, Mr. President, in my personal opinion, it’s a property rights issue. Listen, I’m a live-and-let-live type of guy. If you want to hit the turbo diesel in your basement, you should be able to do so. I think it’s fundamentally wrong that we have the DEA and the police raiding people. Maybe they might be raiding people because they had a tip that they had a whole bunch of marijuana, but in actuality, it’s very small amounts. Even with people who are arrested for it—I think it’s about 40 percent of our prison folks who are in there for nonviolent drug crimes—and might be for distribution, but that distribution is the same distribution that goes on every day at the Piggly Wiggly when they’re selling alcohol. Scientists have said that alcohol is a much more dangerous drug than marijuana. So it’s time to end this prisoner industrial complex. It is time to end this racial discrimination. It is time to end the prohibition of marijuana. Please join me in freeing the weed. Committee Reports The Committee on Judiciary reported Senate Bill No. 56, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 304, 555, 821, and 8202 (MCL 600.304, 600.555, 600.821, and 600.8202), sections 304 and 555 as amended by 1996 PA 374, section 821 as amended by 2004 PA 492, and section 8202 as amended by 1996 PA 388. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson No. 28] [March 19, 2015] JOURNAL OF THE SENATE 353 To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 191, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1f of chapter IX (MCL 769.1f), as amended by 2012 PA 331. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, March 17, 2015, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Tuesday, March 17, 2015, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood COMMITTEE ATTENDANCE REPORT he Committee on Natural Resources submitted the following: T Meeting held on Wednesday, March 18, 2015, at 12:30 p.m., Room 210, Farnum Building Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren COMMITTEE ATTENDANCE REPORT he Subcommittee on Judiciary submitted the following: T Meeting held on Wednesday, March 18, 2015, at 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Proos (C), Schuitmaker and Young COMMITTEE ATTENDANCE REPORT he Committee on Families, Seniors and Human Services submitted the following: T Meeting held on Wednesday, March 18, 2015, at 3:00 p.m., Room 210, Farnum Building Present: Senators Emmons (C), Pavlov, Jones and Casperson Excused: Senator Johnson COMMITTEE ATTENDANCE REPORT he Committee on Commerce submitted the following: T Meeting held on Wednesday, March 18, 2015, at 3:30 p.m., Room 110, Farnum Building Present: Senators Schmidt (C), Kowall, MacGregor, Nofs and Hertel 354 JOURNAL OF THE SENATE [March 19, 2015] [No. 28 COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, March 19, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood COMMITTEE ATTENDANCE REPORT he Subcommittee on Transportation submitted the following: T Meeting held on Thursday, March 19, 2015, at 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hansen (C) and Knollenberg Excused: Senator Young COMMITTEE ATTENDANCE REPORT he Subcommittee on Corrections submitted the following: T Meeting held on Thursday, March 19, 2015, at 9:00 a.m., Room 110, Farnum Building Present: Senators Proos (C), Knollenberg and Gregory Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesday, March 24, 3:00 p.m., Rooms 402 and 403, Capitol Building (373‑2768) Community Colleges - Wednesday, March 25, 9:00 a.m., Room 405, Capitol Building (373-2768) Corrections - Thursday, March 26, 9:00 a.m., Room 405, Capitol Building (373-2768) Environmental Quality - Tuesday, March 24, 1:30 p.m., Room 210, Farnum Building (373-2768) General Government - Thursday, March 26, 8:30 a.m., Room 100, Farnum Building (373-2768) Higher Education - Thursday, March 26, 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373‑2768) Judiciary - Wednesday, March 25, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) (CANCELED) K-12, School Aid, Education - Wednesday, March 25, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Natural Resources - Tuesday, March 24, 1:00 p.m., Room 210, Farnum Building (373-2768) State Police and Military Affairs - Tuesday, March 24, 8:30 a.m. and Thursday, March 26, 1:00 p.m. (CANCELED), Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursday, March 26, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373‑2768) Regulatory Reform - Wednesday, March 25, 1:00 p.m., Rooms 402 and 403, Capitol Building (373-5323) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:49 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, March 24, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 29 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, March 24, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 356 JOURNAL OF THE SENATE [March 24, 2015] [No. 29 enator Wayne A. Schmidt of the 37th District offered the following invocation: S The Boy Scout’s Grace: “Let us be thankful for the food and drinks we are about to receive before us. Let us be thankful for the shelter that protects us while we sleep at night. Let us be thankful for the water that rejuvenates our mind, body and soul. Let us be thankful for the earth we walk on and the air we breathe. Let us be thankful for the fire that keeps us warm and gives us light. Let us be thankful for natural surroundings that give the earth beauty and life. Let us be thankful for the family and friends that are helpful when we need them the most. Let us be thankful for the staff and leaders that lead us on our way. Amen.” The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Booher, Proos, Emmons, Hertel and Hopgood entered the Senate Chamber. enator Kowall moved that Senator Green be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Ananich, Johnson, Young and Smith be temporarily excused from today’s session. S The motion prevailed. Senators Ananich, Young, Green and Smith entered the Senate Chamber. The Secretary announced that the following bills were printed and filed on Thursday, March 19, and are available at the Michigan Legislature website: Senate Bill Nos. 216 217 218 219 220 221 222 223 224 House Bill Nos. 4353 4354 4355 4356 4357 The Secretary announced that the following bills were printed and filed on Friday, March 20, and are available at the Michigan Legislature website: House Bill Nos. 4358 4359 4360 4361 4362 4363 4364 4365 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:08 a.m. 10:52 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator Johnson entered the Senate Chamber. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills enators Warren, Hertel, Young, Hopgood, Bieda and Ananich introduced S Senate Joint Resolution I, entitled A joint resolution proposing an amendment to the state constitution of 1963, by repealing section 25 of article I, to allow the recognition of marriage or similar unions of two people. The joint resolution was read a first and second time by title and referred to the Committee on Judiciary. No. 29] [March 24, 2015] JOURNAL OF THE SENATE 357 Senator Shirkey introduced Senate Bill No. 225, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 2 and 2a (MCL 28.422 and 28.422a), section 2 as amended by 2014 PA 201 and section 2a as amended by 2013 PA 3, and by adding section 12c. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Shirkey introduced Senate Bill No. 226, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2012 PA 124. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Hertel, Warren, Bieda, Ananich and Knezek introduced Senate Bill No. 227, entitled A bill to amend 1846 RS 83, entitled “Of marriage and the solemnization thereof,” by amending sections 2, 3, and 9 (MCL 551.2, 551.3, and 551.9), sections 2 and 3 as amended by 1996 PA 324; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Knezek, Warren, Hertel, Bieda and Ananich introduced Senate Bill No. 228, entitled A bill to amend 1897 PA 180, entitled “An act to provide for the issuance of marriage licenses and certificates without publicity in certain cases; and to provide criminal and civil penalties for violation of this act,” by amending section 1 (MCL 551.201), as amended by 1983 PA 199. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Smith, Warren, Hertel, Bieda, Ananich, Knezek and Gregory introduced Senate Bill No. 229, entitled A bill to amend 1939 PA 168, entitled “An act to determine whether certain marriages solemnized in another state by individuals authorized to solemnize marriages under the laws of that state are to be recognized in this state,” by amending section 1 (MCL 551.271), as amended by 1996 PA 334; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Ananich and Bieda introduced Senate Bill No. 230, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding sec­ tion 264a. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senators Jones, Schuitmaker, Proos, Marleau, Booher, Smith, Rocca, Emmons, Zorn and Knollenberg introduced Senate Bill No. 231, entitled A bill to amend 1915 PA 31, entitled “Youth tobacco act,” by amending the title and sections 1, 2, and 4 (MCL 722.641, 722.642, and 722.644), as amended by 2006 PA 236. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Robertson introduced Senate Bill No. 232, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 2 (MCL 205.92), as amended by 2013 PA 234. The bill was read a first and second time by title and referred to the Committee on Finance. 358 JOURNAL OF THE SENATE [March 24, 2015] [No. 29 Senator Robertson introduced Senate Bill No. 233, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1 (MCL 205.51), as amended by 2013 PA 160. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Booher and Brandenburg introduced Senate Bill No. 234, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 651, 655, and 657 (MCL 206.651, 206.655, and 206.657), section 651 as amended by 2011 PA 171 and sections 655 and 657 as added by 2011 PA 38. The bill was read a first and second time by title and referred to the Committee on Finance. By unanimous consent the Senate returned to the order of Messages from the Governor The following message from the Governor was received and read: March 19, 2015 Due to an error on the letter dated March 16, 2015, and filed with your office on March 17, 2015, please be advised of the following correction appearing in bold print: Michigan State Housing Development Authority Steve Arwood of 5665 S. Forrest Road, St. Johns, Michigan 48879, county of Clinton, as the Director of the Department of Talent and Economic Development, succeeding Maura Corrigan, is appointed for a term expiring at the pleasure of the Governor. Alexander Simpson of 16554 Princeton Street, Detroit, Michigan 48221, county of Wayne, representing Independents, succeeding Robert Sher, is appointed for a term expiring March 10, 2019. Scott Wierda of 6031 Hillsborough Drive, Georgetown, Michigan 49418, county of Ottawa, representing Republicans, succeeding himself, is reappointed for a term expiring March 10, 2019. Sincerely, Rick Snyder Governor The message was referred to the Committee on Government Operations. Messages from the House Senate Bill No. 42, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 7a, 18b, 25, 67a, 212, 259, 306, 307, 309, 310d, 310e, 312e, 312f, 319, 319b, 324, 732, 803b, and 904 (MCL 257.7a, 257.18b, 257.25, 257.67a, 257.212, 257.259, 257.306, 257.307, 257.309, 257.310d, 257.310e, 257.312e, 257.312f, 257.319, 257.319b, 257.324, 257.732, 257.803b, and 257.904), sections 7a and 212 as amended by 2002 PA 534, section 18b as added and section 67a as amended by 1988 PA 346, section 306 as amended by 2014 PA 120, section 307 as amended by 2012 PA 55, section 309 as amended by 2012 PA 355, section 310d as amended by 2004 PA 62, section 310e as amended by 2011 PA 124, sections 312e and 803b as amended by 2011 PA 159, section 312f as amended by 2012 PA 473, section 319 as amended by 2012 PA 306, section 319b as amended by 2012 PA 498, section 324 as amended by 2006 PA 298, section 732 as amended by 2012 PA 592, and section 904 as amended by 2008 PA 461, and by adding section 306a. The House of Representatives has amended the bill as follows: 1. Amend page 3, following line 19, by inserting: “Sec. 43a. “Preliminary roadside CHEMICAL BREATH analysis” means the on-site taking of a preliminary breath test from the breath of a person or the performance and observation of a field sobriety test for the purpose of detecting the presence of any of the following within the person’s body: (a) Alcoholic liquor. (b) A controlled substance, as that term is defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104. (c) Any other intoxicating substance, as that term is defined in section 625. (d) Any combination of the substances listed in subdivisions (a) to (c).”. No. 29] [March 24, 2015] JOURNAL OF THE SENATE 359 2. Amend page 76, following line 10, by inserting: “Sec. 625a. (1) A peace officer may arrest a person without a warrant under either of the following circumstances: (a) The peace officer has reasonable cause to believe the person was, at the time of an accident in this state, the operator of a vehicle involved in the accident and was operating the vehicle in violation of section 625 or a local ordinance substantially corresponding to section 625. (b) The person is found in the driver’s seat of a vehicle parked or stopped on a highway or street within this state if any part of the vehicle intrudes into the roadway and the peace officer has reasonable cause to believe the person was operating the vehicle in violation of section 625 or a local ordinance substantially corresponding to section 625. (2) A peace officer who has reasonable cause to believe that a person was operating a vehicle upon a public highway or other place open to the public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state and that the person by the consumption of alcoholic liquor, a controlled substance, or other intoxicating substance or a combination of them may have affected his or her ability to operate a vehicle, or reasonable cause to believe that a person was operating a commercial motor vehicle within the state while the person’s blood, breath, or urine contained any measurable amount of alcohol, a controlled substance, or any other intoxicating substance or while the person had any detectable presence of alcoholic liquor, a controlled substance or any other intoxicating substance, or any combination of them, or reasonable cause to believe that a person who is less than 21 years of age was operating a vehicle upon a public highway or other place open to the public or generally accessible to motor vehicles, including an area designated for the parking of vehicles, within this state while the person had any bodily alcohol content as that term is defined in section 625(6), may require the person to submit to a preliminary roadside CHEMICAL BREATH analysis. The following provisions apply with respect to a preliminary roadside CHEMICAL BREATH analysis administered under this subsection: (a) A peace officer may arrest a person based in whole or in part upon the results of a preliminary roadside CHEMICAL BREATH analysis. (b) The results of a preliminary roadside CHEMICAL BREATH analysis are admissible in a criminal prosecution for a crime enumerated in section 625c(1) or in an administrative hearing for 1 or more of the following purposes: (i) To assist the court or hearing officer in determining a challenge to the validity of an arrest. This subparagraph does not limit the introduction of other competent evidence offered to establish the validity of an arrest. (ii) As evidence of the defendant’s breath alcohol content, if offered by the defendant to rebut testimony elicited on cross-examination of a defense witness that the defendant’s breath alcohol content was higher at the time of the charged offense than when a chemical test was administered under subsection (6). (iii) As evidence of the defendant’s breath alcohol content, if offered by the prosecution to rebut testimony elicited on cross-examination of a prosecution witness that the defendant’s breath alcohol content was lower at the time of the charged offense than when a chemical test was administered under subsection (6). (c) A person who submits to a preliminary roadside CHEMICAL BREATH analysis remains subject to the requirements of sections 625c, 625d, 625e, and 625f for purposes of chemical tests described in those sections. (d) Except as provided in subsection (5), a person who refuses to submit to a preliminary roadside CHEMICAL BREATH analysis upon a lawful request by a peace officer is responsible for a civil infraction. (3) A peace officer shall use the results of a preliminary roadside CHEMICAL BREATH analysis conducted under this section to determine whether to order a person out-of-service under section 319d. A peace officer shall order out-of-service as required under section 319d a person who was operating a commercial motor vehicle and who refuses to submit to a preliminary roadside CHEMICAL BREATH analysis as provided in this section. This section does not limit use of other competent evidence by the peace officer to determine whether to order a person out-of-service under section 319d. (4) A person who was operating a commercial motor vehicle and who is requested to submit to a preliminary roadside CHEMICAL BREATH analysis under this section shall be advised that refusing a peace officer’s request to take a test described in this section is a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both, and will result in the issuance of a 24-hour out-of-service order. (5) A person who was operating a commercial motor vehicle and who refuses to submit to a preliminary roadside CHEMICAL BREATH analysis upon a peace officer’s lawful request is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $100.00, or both. (6) The following provisions apply with respect to chemical tests and analysis of a person’s blood, urine, or breath, other than a preliminary roadside CHEMICAL BREATH analysis: (a) The amount of alcohol or presence of a controlled substance or other intoxicating substance in a driver’s blood or urine or the amount of alcohol in a person’s breath at the time alleged as shown by chemical analysis of the person’s blood, urine, or breath is admissible into evidence in any civil or criminal proceeding and is presumed to be the same as at the time the person operated the vehicle. (b) A person arrested for a crime described in section 625c(1) shall be advised of all of the following: (i) If he or she takes a chemical test of his or her blood, urine, or breath administered at the request of a peace officer, he or she has the right to demand that a person of his or her own choosing administer 1 of the chemical tests. 360 JOURNAL OF THE SENATE [March 24, 2015] [No. 29 (ii) The results of the test are admissible in a judicial proceeding as provided under this act and will be considered with other admissible evidence in determining the defendant’s innocence or guilt. (iii) He or she is responsible for obtaining a chemical analysis of a test sample obtained at his or her own request. (iv) If he or she refuses the request of a peace officer to take a test described in subparagraph (i), a test shall not be given without a court order, but the peace officer may seek to obtain a court order. (v) Refusing a peace officer’s request to take a test described in subparagraph (i) will result in the suspension of his or her operator’s or chauffeur’s license and vehicle group designation or operating privilege and in the addition of 6 points to his or her driver record. (c) A sample or specimen of urine or breath shall be taken and collected in a reasonable manner. Only a licensed physician, or an individual operating under the delegation of a licensed physician under section 16215 of the public health code, 1978 PA 368, MCL 333.16215, qualified to withdraw blood and acting in a medical environment, may withdraw blood at a peace officer’s request to determine the amount of alcohol or presence of a controlled substance or other intoxicating substance in the person’s blood, as provided in this subsection. Liability for a crime or civil damages predicated on the act of withdrawing or analyzing blood and related procedures does not attach to a licensed physician or individual operating under the delegation of a licensed physician who withdraws or analyzes blood or assists in the withdrawal or analysis in accordance with this act unless the withdrawal or analysis is performed in a negligent manner. (d) A chemical test described in this subsection shall be administered at the request of a peace officer having reasonable grounds to believe the person has committed a crime described in section 625c(1). A person who takes a chemical test administered at a peace officer’s request as provided in this section shall be given a reasonable opportunity to have a person of his or her own choosing administer 1 of the chemical tests described in this subsection within a reasonable time after his or her detention. The test results are admissible and shall be considered with other admissible evidence in determining the defendant’s innocence or guilt. If the person charged is administered a chemical test by a person of his or her own choosing, the person charged is responsible for obtaining a chemical analysis of the test sample. (e) If, after an accident, the driver of a vehicle involved in the accident is transported to a medical facility and a sample of the driver’s blood is withdrawn at that time for medical treatment, the results of a chemical analysis of that sample are admissible in any civil or criminal proceeding to show the amount of alcohol or presence of a controlled substance or other intoxicating substance in the person’s blood at the time alleged, regardless of whether the person had been offered or had refused a chemical test. The medical facility or person performing the chemical analysis shall disclose the results of the analysis to a prosecuting attorney who requests the results for use in a criminal prosecution as provided in this subdivision. A medical facility or person disclosing information in compliance with this subsection is not civilly or criminally liable for making the disclosure. (f) If, after an accident, the driver of a vehicle involved in the accident is deceased, a sample of the decedent’s blood shall be withdrawn in a manner directed by the medical examiner to determine the amount of alcohol or the presence of a controlled substance or other intoxicating substance, or any combination of them, in the decedent’s blood. The medical examiner shall give the results of the chemical analysis of the sample to the law enforcement agency investigating the accident and that agency shall forward the results to the department of state police. (g) The department of state police shall promulgate uniform rules in compliance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, for the administration of chemical tests for the purposes of this section. An instrument used for a preliminary roadside CHEMICAL BREATH analysis may be used for a chemical test described in this subsection if approved under rules promulgated by the department of state police. (7) The provisions of subsection (6) relating to chemical testing do not limit the introduction of any other admissible evidence bearing upon any of the following questions: (a) Whether the person was impaired by, or under the influence of, alcoholic liquor, a controlled substance or other intoxicating substance, or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance. (b) Whether the person had an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine or, beginning October 1, 2018, the person had an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. (c) If the person is less than 21 years of age, whether the person had any bodily alcohol content within his or her body. As used in this subdivision, “any bodily alcohol content” means either of the following: (i) An alcohol content of 0.02 grams or more but less than 0.08 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine or, beginning October 1, 2018, the person had an alcohol content of 0.02 grams or more but less than 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine. (ii) Any presence of alcohol within a person’s body resulting from the consumption of alcoholic liquor, other than the consumption of alcoholic liquor as a part of a generally recognized religious service or ceremony. (8) If a chemical test described in subsection (6) is administered, the test results shall be made available to the person charged or the person’s attorney upon written request to the prosecution, with a copy of the request filed with the court. The prosecution shall furnish the results at least 2 days before the day of the trial. The prosecution shall offer the test results as evidence in that trial. Failure to fully comply with the request bars the admission of the results into evidence by the prosecution. No. 29] [March 24, 2015] JOURNAL OF THE SENATE 361 (9) A person’s refusal to submit to a chemical test as provided in subsection (6) is admissible in a criminal prosecution for a crime described in section 625c(1) only to show that a test was offered to the defendant, but not as evidence in determining the defendant’s innocence or guilt. The jury shall be instructed accordingly. (10) As used in this section: (a) “Controlled substance” means that term as defined in section 7104 of the public health code, 1978 PA 368, MCL 333.7104. (b) “Intoxicating substance” means that term as defined in section 625.”. 3. Amend page 95, line 16, by striking out all of enacting section 1 and inserting: “Enacting section 1. (1) Except as otherwise provided in subsection (2), this amendatory act takes effect July 8, 2015. (2) Sections 43a and 625a of the Michigan vehicle code, 1949 PA 300, MCL 257.43a and 257.625a, as amended by this amendatory act, take effect upon enactment of this amendatory act.”. The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 7a, 18b, 25, 43a, 67a, 212, 259, 306, 307, 309, 310d, 310e, 312e, 312f, 319, 319b, 324, 625a, 732, 803b, and 904 (MCL 257.7a, 257.18b, 257.25, 257.43a, 257.67a, 257.212, 257.259, 257.306, 257.307, 257.309, 257.310d, 257.310e, 257.312e, 257.312f, 257.319, 257.319b, 257.324, 257.625a, 257.732, 257.803b, and 257.904), sections 7a and 212 as amended by 2002 PA 534, section 18b as added and section 67a as amended by 1988 PA 346, section 43a as added and section 625a as amended by 2014 PA 315, section 306 as amended by 2014 PA 120, section 307 as amended by 2012 PA 55, section 309 as amended by 2012 PA 355, section 310d as amended by 2004 PA 62, section 310e as amended by 2011 PA 124, sections 312e and 803b as amended by 2011 PA 159, section 312f as amended by 2012 PA 473, section 319 as amended by 2012 PA 306, section 319b as amended by 2012 PA 498, section 324 as amended by 2006 PA 298, section 732 as amended by 2012 PA 592, and section 904 as amended by 2008 PA 461, and by adding section 306a. Pursuant to rule 3.202, the bill was laid over one day. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:57 a.m. 11:03 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. By unanimous consent the Senate proceeded to the order of Resolutions Senators O’Brien, Nofs, Schuitmaker, Jones, Zorn, Emmons, Colbeck, Knezek and Proos offered the following concurrent resolution: Senate Concurrent Resolution No. 9. A concurrent resolution to urge the U.S. Department of Defense, Missile Defense Agency to select the Fort Custer Training Center as the location for a new ground-based interceptor ballistic missile defense mission. Whereas, The Fort Custer Training Center is one of four sites being considered for a new ground-based interceptor ballistic missile defense mission. Fort Custer is a 7,500-acre Michigan National Guard installation that supports all branches of the Armed Services, as well as law enforcement agencies and federal partners; and 362 JOURNAL OF THE SENATE [March 24, 2015] [No. 29 Whereas, The Fort Custer Training Center is nationally recognized by the Department of Defense for its superior environ­ mental stewardship, having won numerous environmental and energy awards from the Department of the Army. The selection of the ground-based interceptor ballistic missile defense mission will rely heavily on the installation’s ability to support the mission and protect the environment. Therefore, Fort Custer’s respect for the environment makes it a logical choice for the site selection; and Whereas, The final site selection must be based upon the installation’s ability to support the mission of the groundbased interceptor ballistic missile defense mission, but the cost to U.S. taxpayers to complete that mission should be important in the site selection process for the U.S. Department of Defense, Missile Defense Agency. Based upon information and belief, Fort Custer can support the mission and will provide the best value for U.S. taxpayers; and Whereas, The ground-based interceptor ballistic missile defense system is the key defense tool protecting our state and nation from ballistic missile attacks. The placement of the ballistic missile defense system in Battle Creek will take full advantage of Fort Custer’s strategic location and security. Michigan is prepared to support the construction and operation of the new missile defense system, as well as the personnel who will maintain it; now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That we urge the U.S. Department of Defense, Missile Defense Agency to select the Fort Custer Training Center as the location for a new ground-based interceptor ballistic missile defense mission; and be it further Resolved, That copies of this resolution be transmitted to the United States Missile Defense Agency, the United States Secretary of Defense, and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the concurrent resolution, Senator Kowall moved that the concurrent resolution be referred to the Committee on Veterans, Military Affairs and Homeland Security. The motion prevailed. Senators Booher, Brandenburg, Hansen, Horn, Kowall, MacGregor, Robertson, Schmidt and Stamas were named co‑sponsors of the concurrent resolution. enator Casperson offered the following resolution: S Senate Resolution No. 27. A resolution designating September 6, 2015, as Michigan Mining Day. Whereas, Michigan Mining Day is a day which is especially fitting as mining was instrumental in the settling of Michigan’s Upper Peninsula and became a way of life dating back more than a century in the Upper Peninsula, which is designated by a single area code that is the numerical equivalent to the date: 9-06; and Whereas, Michigan is blessed with an abundance of valuable mineral resources. Our state’s long and diverse geologic history has produced a wide variety of minerals, notably copper, iron, nickel, salt, sand, gravel, and limestone; and Whereas, Mining played an integral part of Michigan’s history and growth. More native copper ore was mined in Michigan’s Keweenaw Peninsula from 1845 to 1887 than any other place in North America. For many years, Michigan produced more than one-half of the nation’s supply of copper. In 1844, rich iron ore deposits were discovered in the Upper Peninsula, and from the 1850s to the early 1900s, Michigan was the nation’s leader in iron ore production. From 1880 to 1926, Michigan also ranked first or second in the nation in salt production. Michigan’s mining industry was a major driver of the state’s early economy and growth and attracted immigrants from around the world. So important were the mineral riches of the Upper Peninsula that, in 1855, a remarkable engineering feat was completed. The canal and locks along the St. Mary’s River were constructed to help enable the transport of these minerals around the world; and Whereas, Mining continues to be an important piece of Michigan’s economy and economic future, with mineral resources in the Upper Peninsula attracting new interest from a number of national and international companies. These companies are investing in Michigan and creating well-paying jobs, often in areas that are in dire need of economic opportunity. The Eagle Mine has created more than 300 new jobs that support another 1,250 jobs in the community; invested more than $50 mil­lion in public infrastructure; generates new local and state tax revenue; and is providing an estimated 20 percent boost to the local economy. It is a clear example of how the resurgence of mining can play a vital role in Michigan’s economic recovery not only in the Upper Peninsula’s economy, but for the state as a whole; and Whereas, Modern-day mining can boost our state and local economies while providing for a balanced use of the natural resources. In the last decade, the Legislature created new laws for nonferrous metallic mineral mining that bolstered our state’s already-strong environmental standards and regulations, arguably making them the most stringent standards in the world. This ensures that today’s mining is carried out safely and responsibly, without adversely impacting the environment and permitting local communities, families, and institutions to prosper and grow for future generations of Michiganders; and No. 29] [March 24, 2015] JOURNAL OF THE SENATE 363 Whereas, Even in the Information Age, abundant natural resources and their wise use can be the cornerstone of a successful state. Four of the top ten best-run states identified by the financial news publication 24/ 7 Wall St.—North Dakota, Wyoming, Texas, and Alaska—have robust mining industries that provide jobs, investments, and tax revenue that fuel these states’ economies and high ratings. The expansion of mining in Michigan can provide similar benefits and opportunities, helping build a strong, diverse, and resilient economy across all regions of our state; now, therefore, be it Resolved by the Senate, That the members of this legislative body hereby designate September 6, 2015 (9-06), as Michigan Mining Day. We support the continued growth of mining and urge Michigan residents to join in supporting mining in Michigan so that our state may realize the economic opportunity it was naturally afforded. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Natural Resources. The motion prevailed. Senators Bieda, Booher, Brandenburg, Colbeck, Hansen, Horn, Kowall, MacGregor, Nofs, O’Brien, Pavlov, Proos, Robertson, Schmidt and Stamas were named co‑sponsors of the resolution. enator Casperson offered the following resolution: S Senate Resolution No. 28. A resolution to express support for the renewed growth of mining in Michigan. Whereas, Michigan is blessed with an abundance of valuable mineral resources. Our state’s long and diverse geologic history has produced a wide variety of minerals, notably copper, iron, nickel, salt, sand, gravel, and limestone; and Whereas, Mining played an integral part of Michigan’s history and growth. More native copper ore was mined in Michigan’s Keweenaw Peninsula from 1845 to 1887 than any other place in North America. For many years, Michigan produced more than one-half of the nation’s supply of copper. In 1844, rich iron ore deposits were discovered in the Upper Peninsula, and from the 1850s to the early 1900s, Michigan was the nation’s leader in iron ore production. From 1880 to 1926, Michigan also ranked first or second in the nation in salt production. Michigan’s mining industry was a major driver of the state’s early economy and growth and attracted immigrants from around the world. So important were the mineral riches of the Upper Peninsula that, in 1855, a remarkable engineering feat was completed. The canal and locks along the St. Mary’s River were constructed to enable the transport of these minerals around the world; and Whereas, Mining continues to be an important piece of Michigan’s economy and economic future, with mineral resources in the Upper Peninsula attracting new interest from a number of national and international companies. These companies are investing in Michigan and creating well-paying jobs, often in areas that are in dire need of economic opportunity. The Eagle Mine has created over 300 new jobs that support another 1,250 jobs in the community; invested more than $50 million in public infrastructure; generates new local and state tax revenue; and is providing a 20 percent boost to the local economy. It is a clear example of how the resurgence of mining can play a vital role in Michigan’s economic recovery not only in the Upper Peninsula, but in the state as a whole; and Whereas, Modern-day mining can boost our state and local economies while providing for a balanced use of natural resources. In the last decade, the Legislature created new laws for nonferrous metallic mineral mining that bolstered our state’s already-strong environmental standards and regulations, arguably making them the most stringent standards in the world. These standards ensure that today’s mining is carried out safely and responsibly, without adversely impacting the environment and permitting local communities, families, and institutions to prosper and grow for future generations of Michiganders; and Whereas, Even in the Information Age, abundant natural resources and their wise use can be the cornerstone of a successful state. Four of the top ten best-run states—North Dakota, Wyoming, Texas, and Alaska—identified by the financial news publication 24/7 Wall St. have robust mining industries that provide jobs, investments, and tax revenue that fuel these states’ economies and high ratings. The expansion of mining in Michigan can provide similar benefits, helping build a strong, diverse, and resilient economy across all regions of our state; now, therefore, be it Resolved by the Senate, That we express support for the renewed growth of mining in Michigan. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Natural Resources. The motion prevailed. Senators Booher, Colbeck, Hansen, Horn, Kowall, MacGregor, Nofs, O’Brien, Pavlov, Proos, Robertson, Schmidt and Stamas were named co‑sponsors of the resolution. 364 JOURNAL OF THE SENATE [March 24, 2015] [No. 29 enator Proos offered the following resolution: S Senate Resolution No. 29. A resolution commemorating the 50th Anniversary of the opening of the Michigan Court of Appeals. Whereas, The Michigan Court of Appeals was created by Article VI, Section 1, of the Michigan Constitution of 1963; and Whereas, The Court of Appeals began operating on January 12, 1965, when the Michigan Supreme Court transferred 365 cases to the nine original judges on the bench, including Chief Judge T. John Lesinski, Chief Judge Pro Tempore John W. Fitzgerald, and Judges Robert B. Burns, John H. Gillis, Donald E. Holbrook, Thomas Giles Kavanagh, Louis D. McGregor, Timothy C. Quinn, and John D. Watts; and Whereas, At its opening, the Court of Appeals had 45 staff members, including Clerk of the Court Robert L. Dzierbicki, and comprised offices located in Lansing, Detroit, and Grand Rapids; and Whereas, Since its inception, 82 men and women have served on the Court of Appeals bench, 41 of whom have been elected and 41 of whom have been appointed by the Governor. Of these distinguished jurists, 13 judges have gone on to serve on the Michigan Supreme Court, and three others have subsequently been appointed to the federal bench; and Whereas, Dorothy Comstock Riley became the first female member of the Court of Appeals, when she was appointed to the bench by Governor William G. Milliken in 1976. Since her appointment, 19 more women have served admirably as judges on the Court of Appeals; and Whereas, The Court of Appeals has a history of lengthy and dedicated service, with current Judge David H. Sawyer representing the longest term of service on the bench at 28 years and three staff members—Elizabeth Pyzik, Annie Madigan, and Barbara Buckley—all serving the Court for more than 40 years; and Whereas, The esteemed judges of the Court of Appeals have been remarkably productive over the Court’s first five decades. During that time, more than 325,000 cases have been filed with the court, resulting in more than 151,700 dispositive opinions, including 28,300 published opinions reported in the 306 volumes of the Michigan Appeals Reports; and Whereas, Since its beginning, the Michigan Court of Appeals has distinguished itself as an innovative institution, and its centralized research staff was the first of its kind when Chief Judge T. John Lesinski introduced it in 1968. More than 1,000 attorneys have started their careers with the Court and have gone on to prominent careers as practitioners, judges, justices, and court administrators, making a remarkable impact on Michigan jurisprudence; and Whereas, The Appeals Court has also historically embraced technology, implementing a program to accept electronic case records from lower courts in 2010 and executing a voluntary electronic filing system in 2006, through which over 206,000 documents have been filed in approximately 17,500 cases; and Whereas, In a 2014 report, the Court was recognized by the National Center for State Courts “as fine an example as we have found of business process discipline in the judicial branch … It is a well-organized, well-run operation that is, to an outsider, quite extraordinary”; and Whereas, In its first 50 years, the Michigan Court of Appeals has proven to be an august and innovative body comprised of fair-minded and thoughtful jurists who have served the people of the state of Michigan capably and admirably; now, therefore, be it Resolved by the Senate, That the members of this legislative body hereby recognize the 50th Anniversary of the opening of the Michigan Court of Appeals and honor the contributions that the Court has made to the state of Michigan and its jurisprudence. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Colbeck, Emmons, Hansen, Horn, Kowall, Nofs, Robertson and Schmidt were named co‑sponsors of the resolution. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Proos as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 85, entitled A bill to amend 1990 PA 319, entitled “An act to prohibit local units of government from imposing certain restrictions on the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms,” by amending the title and sections 1, 2, 3, and 4 (MCL 123.1101, 123.1102, 123.1103, and 123.1104). No. 29] [March 24, 2015] JOURNAL OF THE SENATE 365 House Bill No. 4051, entitled A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 28 (MCL 205.28), as amended by 2014 PA 240. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 173, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 11r, 20, 20g, and 22a (MCL 388.1611, 388.1611r, 388.1620, 388.1620g, and 388.1622a), sections 11, 20, 20g, and 22a as amended and section 11r as added by 2014 PA 196. Substitute (S-2). The following are the amendments to the substitute recommended by the Committee of the Whole: 1. Amend page 26, line 18, after “at” by striking out “$12,062,887,900.00” and inserting $11,879,522,400.00”. 2. Amend page 26, line 20, after “at” by striking out “$11,906,502,600.00” and inserting $11,720,874,600.00”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. Committee Reports COMMITTEE ATTENDANCE REPORT he Subcommittee on General Government submitted the following: T Meeting held on Thursday, March 19, 2015, at 8:30 a.m., Room 100, Farnum Building Present: Senators Stamas (C), Nofs, Booher and Young COMMITTEE ATTENDANCE REPORT he Committee on Economic Development submitted the following: T Meeting held on Thursday, March 19, 2015, at 1:30 p.m., Room 210, Farnum Building Present: Senators Horn (C), Schmidt, Brandenburg, Stamas, Smith and Bieda Excused: Senator Emmons COMMITTEE ATTENDANCE REPORT he Committee on Veterans, Military Affairs and Homeland Security submitted the following: T Meeting held on Thursday, March 19, 2015, at 2:00 p.m., Room 110, Farnum Building Present: Senators O’Brien (C), Emmons, Zorn, Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Subcommittee on State Police and Military Affairs submitted the following: T Meeting held on Tuesday, March 24, 2015, at 8:30 a.m., Rooms 402 and 403, Capitol Building Present: Senators Nofs (C), Colbeck and Knezek 366 JOURNAL OF THE SENATE [March 24, 2015] [No. 29 Scheduled Meetings Appropriations - Wednesday, March 25, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1801) Subcommittees Community Colleges - Wednesday, March 25, 9:00 a.m., Room 405, Capitol Building (373-2768) Corrections - Thursday, March 26, 9:00 a.m., Room 405, Capitol Building (373-2768) General Government - Thursday, March 26, 9:00 a.m., Room 100, Farnum Building (373-2768) Higher Education - Thursday, March 26, 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Human Services - Thursday, March 26, 2:00 p.m., Room 100, Farnum Building (373-2768) Judiciary - Wednesday, March 25, 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) (CANCELED) K-12, School Aid, Education - Wednesday, March 25, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Build­ ing (373-2768) Licensing and Regulatory Affairs - Wednesday, March 25, 8:30 a.m., Room 110, Farnum Building (373-2768) State Police and Military Affairs - Thursday, March 26, 1:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) (CANCELED) Transportation - Thursday, March 26, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Economic Development - Thursday, March 26, 1:30 p.m., Room 210, Farnum Building (373-5312) Families, Seniors and Human Services - Wednesday, March 25, 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323) Natural Resources - Wednesday, March 25, 12:30 p.m., Room 210, Farnum Building (373-5314) Regulatory Reform - Wednesday, March 25, 1:00 p.m., Rooms 402 and 403, Capitol Building (373-5323) Transportation - Thursday, March 26, 8:30 a.m., Room 210, Farnum Building (373-5323) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:11 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, March 25, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 30 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, March 25, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—excused Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 368 JOURNAL OF THE SENATE [March 25, 2015] [No. 30 Pastor David Williams of Dorr Baptist Church of Dorr offered the following invocation: Dear Heavenly Father, thank You for this great state of Michigan. Thank You for all the elected officials throughout this great state. Also, Lord, thank You for the Senators who are gathered here and for their staffs and families. Thank You for all those who contribute to this fine and great state government that we are here representing today. Please watch over us, all of the ones here, and guide them as they work together to lead this great state. Let their fellowship grow as this day continues, as well as during their time here in session. Let this state move forward under their guidance, and put Your hand upon all of the ones here. In Your Son Jesus’ name, I pray. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senator Nofs be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Johnson be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Ananich be excused from today’s session. S The motion prevailed. Senator Nofs entered the Senate Chamber. The following communication was received and read: Office of the Senate Majority Leader I would like Senate Bill 231 (Jones) re-referred to the Senate Committee on Regulatory Reform. If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communication was referred to the Secretary for record. March 25, 2015 The Secretary announced that the following House bill was received in the Senate and filed on Tuesday, March 24: House Bill No. 4054 The Secretary announced that the following bills were printed and filed on Tuesday, March 24, and are available at the Michigan Legislature website: Senate Bill Nos. 232 233 Messages from the Governor The President pro tempore, Senator Schuitmaker, assumed the Chair. The following message from the Governor was received and read: March 23, 2015 I respectfully submit to the Senate the following appointments to office: Chair - Michigan Strategic Fund Board of Directors Steve Arwood of 5665 S. Forrest Hill Road, St. Johns, Michigan 48879, county of Clinton, is appointed for a term expiring at the pleasure of the Governor. No. 30] [March 25, 2015] JOURNAL OF THE SENATE 369 Michigan Strategic Fund Board of Directors Larry L. Koops of 581 Old Orchard Road, Holland, Michigan 49423, county of Ottawa, Senate Majority Leader’s recom­ mendation, is appointed for a term expiring at the pleasure of the Governor. James V. Walsh of 9100 Ladner Farms Drive, N.E., Ada, Michigan 49301, county of Kent, is appointed for a term expiring February 28, 2017. Terri Jo Umlor of 10973 N 31 3/4 Road, Kingsley, Michigan 49649, county of Wexford, is appointed for a term expiring February 28, 2019. Paul E. Anderson of 6386 Red Fox Trail, Perry, Michigan 48872, county of Shiawassee, is appointed for a term expiring February 28, 2018. Jody DePree Vanderwel of 2967 Lakeshore Drive N., Holland, Michigan 49424, county of Ottawa, is appointed for a term expiring February 28, 2019. Shaun W. Wilson of 366 Hillcrest Avenue, Grosse Pointe Farms, Michigan 48236, county of Wayne, is appointed for a term expiring February 28, 2016. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Horn as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill: House Bill No. 4120, entitled A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 7 (MCL 408.477), as amended by 2012 PA 30. The bill was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 9, entitled A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending sections 7 and 7a (MCL 722.27 and 722.27a), section 7 as amended by 2005 PA 328 and section 7a as amended by 2012 PA 600. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4119, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4012 (MCL 600.4012), as amended by 2012 PA 304. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. Resolutions enator Kowall offered the following concurrent resolution: S Senate Concurrent Resolution No. 10. A concurrent resolution prescribing the legislative schedule. Resolved by the Senate (the House of Representatives concurring), That when the Senate adjourns on Thursday, March 26, 2015, it stands adjourns until Tuesday, April 14, 2015, at 10:00 a.m.; and be it further 370 JOURNAL OF THE SENATE [March 25, 2015] [No. 30 Resolved, That when the House of Representatives adjourns on Thursday, March 26, 2015, it stands adjourned until Tuesday, April 14, 2015, at 1:30 p.m. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Opera­tions, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The concurrent resolution was adopted. Senators Booher, Brandenburg, Gregory, Hansen, Knollenberg, MacGregor, Marleau and Proos were named co‑sponsors of the concurrent resolution. enators Bieda, Knezek, Young, Ananich and Hood offered the following resolution: S Senate Resolution No. 30. A resolution of tribute honoring the 100th Anniversary of the founding of Kiwanis International. Whereas, In 1915, Kiwanis International began its remarkable history in Detroit, Michigan. The club began as a fraternal group committed to connecting young businessmen with opportunities, but over the course of the last century, they have gone on to serve local communities and the world. On January 21, 2015, Kiwanis celebrated its 100th Anniversary and continues the legacy that began so long ago; and Whereas, Kiwanis quickly expanded its membership to cities across the United States and into Canada within the first few years it was established. Over the last 100 years, the mission of the Kiwanis clubs and its members remained devoted to community service and improvement of the world. The original goal of the founders was to create a club unlike any other, and they have fulfilled that promise. Kiwanis has made significant strides to reach out to people in need, especially children, through programs which aim to do work that public authorities are unable to facilitate or by funding worthy causes around the world; and Whereas, The efforts of Kiwanis could not be made possible without the establishment of over 8,400 clubs in 96 nations and the work of over 600,000 active members. The Kiwanis family represents different cultures and creeds, while they are united under their slogan to “Serve the Children of the World.” Kiwanis members are community leaders who value com­ munity service and spend countless hours each year completing service projects; and Whereas, Kiwanis continues to demonstrate their devotion to local communities and translating that passion to global efforts through the work of its members. The satisfaction members receive from giving back is the motivation for the clubs to continue their work for years to come. Kiwanis International will continue to be a beacon of light for our most vulnerable citizens and lead the world in accomplishing service work for those who need it most; now, therefore, be it Resolved by the Senate, That we offer this expression of tribute in honor of Kiwanis International on the occasion of its 100th Anniversary of its founding on January 21, 2015; and be it further Resolved, That a copy of this resolution be transmitted to the Kiwanis International headquarters in Indianapolis, Indiana, and the Kiwanis Club No. 1 in Detroit, where the organization was originally founded. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Booher, Brandenburg, Colbeck, Gregory, Hansen, Horn, Jones, Knollenberg, Marleau, Proos, Rocca, Schmidt, Warren and Zorn were named co‑sponsors of the resolution. Senator Johnson entered the Senate Chamber. enator Kowall offered the following resolution: S Senate Resolution No. 31. A resolution to urge the adoption of Intelligent Transportation System technologies throughout the state, further research into vehicle communication systems, and the testing and operation of connected and automated vehicles. Whereas, Southeast Michigan has been a national leader in intelligent transportation system (ITS) technology develop­ment and testing since the 1950s. These systems use state-of-the-art sensing, communications, and data-processing technologies to solve congestion and safety issues by making existing structures more efficient. The Michigan Department of Trans­ portation (MDOT), the road commissions of Oakland and Macomb counties, the Wayne County Department of Public Services, the city of Detroit, and the Suburban Mobility Authority for Regional Transportation (SMART) have cooperated to develop and install many traffic management systems, including freeway cameras, dynamic messaging signs, adaptive traffic signals, traffic detectors, and traffic operations centers. Oakland County also had the first beacon-based route guidance system deployed in North America, with project partners Ford, GM, and Chrysler. The collaboration of private industry and public agencies in such work builds upon the long tradition of automotive research centered in Michigan; and No. 30] [March 25, 2015] JOURNAL OF THE SENATE 371 Whereas, The University of Michigan Transportation Research Institute is the nationally preeminent public research facility in intelligent vehicle and traffic systems and is currently managing the most significant testing of such technology in the country; and Whereas, Michigan’s leadership role has been highlighted by hosting the prestigious Intelligent Transportation Systems World Congress in September 2014 and the leading role MDOT has taken among state transportation departments in research­ ing and reviewing intelligent traffic systems and the use of connected and automated vehicles; and Whereas, Michigan has been involved in the development and demonstration of vehicular communication systems which could help avoid up to 81 percent of all traffic accidents. The region’s road agencies and partners continue to collaborate and stay on the cutting edge of transportation technology to improve safety and reduce congestion on the roads; and Whereas, The U.S. Department of Transportation has a new ITS Strategic Plan that continues the momentum of ITS development in the United States, with a particular focus on connected vehicle and automation programs. Development of connected vehicles and automation will produce significant safety and congestion benefits when just 5-7 percent of vehicles are so equipped. The other program categories of the strategic plan align with the wider objectives contained in the Moving Ahead for Progress in the 21st Century Act (MAP-21,) including safety, mobility, environmental impact, inno­ vation, and information sharing; and Whereas, Although MDOT and other Michigan road agencies have received federal research dollars in the development and testing of various ITS technologies and have expanded the use of the technology from the urban Detroit freeway net­ work to Grand Rapids and other areas, this is technology from which the entire state could benefit. Improved traffic signal control and traveler information systems are some of the most cost-effective methods for increasing safety and mobility. The cost-benefit ratio of retiming 640 traffic signals in Oakland County was 175:1. Integrated corridor management systems that promote coordination among freeways, arterials, and transit systems can help balance traffic flow and enhance safety and are also cost-efficient over ten years. With millions of federal dollars available for further ITS research, Michigan can benefit and should expand the technology to enhance safety statewide to continue its national leadership in ITS tech­nology; now, therefore, be it Resolved by the Senate, That we urge the adoption of Intelligent Transportation System technologies throughout the state, further research into vehicle communication systems, and the testing and operation of connected and automated vehicles. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Colbeck, Gregory, Hansen, Hood, Horn, Knollenberg, Marleau, Proos, Schmidt and Warren were named co‑sponsors of the resolution. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 42, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 7a, 18b, 25, 67a, 212, 259, 306, 307, 309, 310d, 310e, 312e, 312f, 319, 319b, 324, 732, 803b, and 904 (MCL 257.7a, 257.18b, 257.25, 257.67a, 257.212, 257.259, 257.306, 257.307, 257.309, 257.310d, 257.310e, 257.312e, 257.312f, 257.319, 257.319b, 257.324, 257.732, 257.803b, and 257.904), sections 7a and 212 as amended by 2002 PA 534, section 18b as added and section 67a as amended by 1988 PA 346, section 306 as amended by 2014 PA 120, section 307 as amended by 2012 PA 55, section 309 as amended by 2012 PA 355, section 310d as amended by 2004 PA 62, section 310e as amended by 2011 PA 124, sections 312e and 803b as amended by 2011 PA 159, section 312f as amended by 2012 PA 473, section 319 as amended by 2012 PA 306, section 319b as amended by 2012 PA 498, section 324 as amended by 2006 PA 298, section 732 as amended by 2012 PA 592, and section 904 as amended by 2008 PA 461, and by adding section 306a. (For text of amendments, see Senate Journal No. 29, p. 358.) The question being on concurring in the amendments made to the bill by the House, The amendments were concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 61 Yeas—37 Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey 372 JOURNAL OF THE SENATE [March 25, 2015] [No. 30 Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Ananich Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator Shirkey introduced Senate Bill No. 235, entitled A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending the title and sections 6s, 10, 10a, and 10bb (MCL 460.6s, 460.10, 460.10a, and 460.10bb), the title as amended by 2005 PA 190, section 6s as added and sections 10 and 10a as amended by 2008 PA 286, and section 10bb as added by 2000 PA 141. The bill was read a first and second time by title and referred to the Committee on Energy and Technology. Senator Casperson introduced Senate Bill No. 236, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 3122 (MCL 324.3122), as amended by 2011 PA 90. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senators Brandenburg, Booher and Bieda introduced Senate Bill No. 237, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 20154. The bill was read a first and second time by title and referred to the Committee on Health Policy. No. 30] [March 25, 2015] JOURNAL OF THE SENATE 373 Senators Hood, Gregory, Bieda, Hansen and Knezek introduced Senate Bill No. 238, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 80172 (MCL 324.80172), as added by 1995 PA 58. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. House Bill No. 4054, entitled A bill to amend 1987 PA 96, entitled “The mobile home commission act,” by amending sections 2, 4, 16, 17, 43, and 48 (MCL 125.2302, 125.2304, 125.2316, 125.2317, 125.2343, and 125.2348), section 2 as amended by 2012 PA 588, sections 4, 16, and 17 as amended by 2006 PA 328, and section 43 as added by 1988 PA 337, and by adding sections 48b and 50. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: House Bill No. 4051 Senate Bill No. 173 Senate Bill No. 85 The motion prevailed. The following bill was read a third time: House Bill No. 4051, entitled A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 28 (MCL 205.28), as amended by 2014 PA 240. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 62 Yeas—37 Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 374 JOURNAL OF THE SENATE [March 25, 2015] [No. 30 Excused—1 Ananich Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 173, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 11r, 20, 20g, and 22a (MCL 388.1611, 388.1611r, 388.1620, 388.1620g, and 388.1622a), sections 11 and 22a as amended by 2015 PA 5 and sections 20 and 20g as amended and section 11r as added by 2014 PA 196. The question being on the passage of the bill, Senator Hertel offered the following amendments: 1. Amend page 1, line 4, by striking out “$11,827,822,400.00” and inserting “$11,828,822,400.00” and adjusting the totals in enacting section 1 accordingly. 2. Amend page 26, following line 13, by inserting: “SEC. 22l. FROM THE GENERAL FUND MONEY APPROPRIATED IN SECTION 11, THERE IS ALLOCATED TO THE DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET FOR 2014-2015 AN AMOUNT NOT TO EXCEED $1,000,000.00 FOR A STATEWIDE PUBLIC RESOURCE ALLOCATION STUDY AS REQUIRED UNDER SECTION 1281A OF THE REVISED SCHOOL CODE, MCL 380.1281A.”. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 63 Yeas—10 Bieda Hood Knezek Warren Gregory Hopgood Smith Young Hertel Johnson Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Excused—1 Ananich No. 30] [March 25, 2015] JOURNAL OF THE SENATE 375 Not Voting—0 In The Chair: Schuitmaker he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 64 Yeas—29 Bieda Hildenbrand Knollenberg Schuitmaker Booher Hood Kowall Shirkey Casperson Hopgood MacGregor Smith Colbeck Horn Meekhof Stamas Green Johnson Nofs Warren Gregory Jones O’Brien Young Hansen Knezek Schmidt Zorn Hertel Nays—8 Brandenburg Hune Pavlov Robertson Emmons Marleau Proos Rocca Excused—1 Ananich Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 85, entitled A bill to amend 1990 PA 319, entitled “An act to prohibit local units of government from imposing certain restrictions on the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms,” by amending the title and sections 1, 2, 3, and 4 (MCL 123.1101, 123.1102, 123.1103, and 123.1104). The question being on the passage of the bill, Senator Bieda offered the following amendments: 1. Amend page 3, line 17, after the first “a” by striking out “city or a charter township” and inserting “LOCAL UNIT OF GOVERNMENT”. 2. Amend page 3, line 18, after “from” by striking out the balance of the line through “PROHIBITING” on line 19 and inserting “prohibiting”. 3. Amend page 3, line 19, after “pistol” by inserting a comma and “PNEUMATIC GUN,”. 376 JOURNAL OF THE SENATE [March 25, 2015] [No. 30 4. Amend page 3, line 20, after “that” by striking out the balance of the line through “PROPERTY.” on line 2 of page 4 and inserting “LOCAL UNIT OF GOVERNMENT. AN ORDINANCE SHALL NOT PROHIBIT THE DISCHARGE OF PNEUMATIC GUNS AT AUTHORIZED TARGET RANGES, ON OTHER PROPERTY WHERE FIREARMS MAY BE DISCHARGED, OR ON OR WITHIN PRIVATE PROPERTY WITH THE PERMISSION OF THE OWNER OR POSSESSOR OF THAT PROPERTY.”. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 65 Yeas—10 Bieda Hood Knezek Warren Gregory Hopgood Smith Young Hertel Johnson Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Excused—1 Ananich Not Voting—0 In The Chair: Schuitmaker he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 66 Yeas—29 Booher Horn Marleau Rocca Brandenburg Hune Meekhof Schmidt Casperson Jones Nofs Schuitmaker Colbeck Knezek O’Brien Shirkey Emmons Knollenberg Pavlov Smith Green Kowall Proos Stamas Hansen MacGregor Robertson Zorn Hildenbrand No. 30] [March 25, 2015] JOURNAL OF THE SENATE 377 Nays—8 Bieda Gregory Hertel Hood Hopgood Warren Johnson Young Excused—1 Ananich Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. Senator Bieda asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Bieda’s statement is as follows: I rise to speak to my amendment to Senate Bill No. 85. This bill before us would take control away from local govern­ ments that may wish to regulate pneumatic guns in their communities. As an example, in its current form, the bill would allow a city or charter township to prohibit the discharge of pneumatic guns in any area within their jurisdiction that is so heavily populated as to make that conduct dangerous to inhabitants. However, I think it is important to point out that Michigan has general law townships with a population as high as 80,000. An example would be Macomb Township in Macomb County. My amendment would ensure that all local units of government, not just cities and charter townships, would be able to regulate this conduct. I believe this is an important public safety issue and that all local governments should have the ability to regulate pneumatic guns in their communities if they so choose. It’s also about local control. I ask my colleagues for their support of this amendment. By unanimous consent the Senate proceeded to the order of Statements Senator Young asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Young’s statement is as follows: Madam President, I would like to start with a quote: “Letting states legalize marijuana would free federal law enforcement resources for the more urgent tasks of thwarting, apprehending, and prosecuting international terrorists or murderers. As a matter of states’ rights, regulating marijuana and alcohol seem indistinguishable as an alcohol policy has been entrusted to the states since the repeal of the prohibition in 1933.” I am here again to talk about freeing the weed. First of all, I would like to clear up some things. No. 1, let me say, first of all, that I think we need to change to rules concerning statements. I think it is overrated. If a guy calls out another guy on the floor, that guy should be able to respond. One person is allowed to talk during Statements and only talk for five minutes. I think it’s overrated. I should be able to talk about what I want, when I want, and for as long as I want to. I am a grown man, and I should be able to do that. We need change. The Senator from the 29th District made the suggestion last week that because I talked about marijuana that somehow I am for children using it. Let me be clear, marijuana is not for kids. Alcohol is not for kids. Tobacco is not for kids. Cage fighting is not for kids. Fifty Shades of Grey is not for kids. But just because you have things that are not for kids, doesn’t mean you should ban or prohibit them. Let me say this also, between 2000 and 2009, childhood accidental deaths went up by 80 percent. Prescription drugs accounted for 57 percent of that increase. Under the Senator’s same rationale, you would have to ban all prescriptions drugs. That is absurd and ridiculous. Why? Because prescription drugs have medical properties just like marijuana. 378 JOURNAL OF THE SENATE [March 25, 2015] [No. 30 Marijuana has the ability, according to scientists, to either treat or cure HIV, cancer, fibromyalgia, epilepsy, and PTSD. There are things that we need to know on how far the medical properties have gone, and we can’t know that with marijuana being illegal. The fact that the federal government owns patents for marijuana—because of its medical properties, and yet it hasn’t been ranked as a Schedule 1 drug—is the height of hypocrisy. Another Senator, the Senator from the 24th District, said that if you smoke marijuana, it will decrease your IQ. That is fundamentally false. Maybe that was the case when “American Bandstand” was on the air, but in the age of the Internet and Google, you can find out that those facts came from a study by the National Academy of Scientists. They rejected that study a year later saying that it was fraud, and the University of London said that smoking marijuana does not decrease your IQ. The University of Calgary said that it doesn’t lead to psychosis. Oxford University said that there are no major physical or mental horrors from smoking marijuana. Everything that people have put out since Reefer Madness is funda­ mentally false about this drug. It is false. Now, am I saying that there are no bad things that can happen? No. You need to be responsible and respectful. But locking up 750,000 people, the majority of those people being African American, and ruining their lives for possession of a drug that cannot kill you is fundamentally false and absolutely ridiculous. For the sake of criminal justice, for the sake of equal protection, for the sake of people being able to live free and die free, we need to free the weed. Committee Reports he Committee on Health Policy reported T Senate Concurrent Resolution No. 5. A concurrent resolution to request the United States Congress to enact legislation and the U.S. Department of Health and Human Services to promulgate rules that would promote the opportunity for consumers to choose Direct Primary Care Services as an integral part of their health care plan. (For text of resolution, see Senate Journal No. 21, p. 244.) With the recommendation that the concurrent resolution be adopted. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas and Robertson Nays: Senators Hertel, Knezek and Hopgood The concurrent resolution was placed on the order of Resolutions. The Committee on Health Policy reported Senate Bill No. 195, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17748 (MCL 333.17748), as amended by 2014 PA 413. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel and Knezek Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Tuesday, March 24, 2015, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood The Committee on Education reported Senate Bill No. 169, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1278e. No. 30] [March 25, 2015] JOURNAL OF THE SENATE 379 ith the recommendation that the substitute (S-1) be adopted and that the bill then pass. W The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Education reported Senate Bill No. 170, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1278d. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, March 24, 2015, at 12:00 noon, Room 110, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Subcommittee on Natural Resources submitted the following: T Meeting held on Tuesday, March 24, 2015, at 1:00 p.m., Room 210, Farnum Building Present: Senators Green (C), Booher and Hopgood COMMITTEE ATTENDANCE REPORT he Subcommittee on Environmental Quality submitted the following: T Meeting held on Tuesday, March 24, 2015, at 1:30 p.m., Room 210, Farnum Building Present: Senators Green (C), MacGregor and Hopgood COMMITTEE ATTENDANCE REPORT he Subcommittee on Community Health submitted the following: T Meeting held on Tuesday, March 24, 2015, at 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Marleau (C), Shirkey, Hansen and Hertel COMMITTEE ATTENDANCE REPORT he Subcommittee on Agriculture and Rural Development submitted the following: T Meeting held on Tuesday, March 24, 2015, at 3:00 p.m., Rooms 402 and 403, Capitol Building Present: Senators Green (C), Stamas and Hopgood COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, March 24, 2015, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda 380 JOURNAL OF THE SENATE [March 25, 2015] [No. 30 COMMITTEE ATTENDANCE REPORT he Subcommittee on K-12, School Aid, Education submitted the following: T Meeting held on Wednesday, March 25, 2015, at 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hansen (C), Pavlov and Hopgood COMMITTEE ATTENDANCE REPORT he Subcommittee on Community Colleges submitted the following: T Meeting held on Wednesday, March 25, 2015, at 9:00 a.m., Room 405, Capitol Building Present: Senators Booher (C), Schuitmaker and Knezek Scheduled Meetings Appropriations Subcommittees Corrections - Thursday, March 26, 9:00 a.m., Room 405, Capitol Building (373-2768) General Government - Thursday, March 26, 9:00 a.m., Room 100, Farnum Building (373-2768) Higher Education - Thursday, March 26, 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Human Services - Thursday, March 26, 2:00 p.m., Room 100, Farnum Building (373-2768) State Police and Military Affairs - Thursday, March 26, 1:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) (CANCELED) Transportation - Thursday, March 26, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Economic Development - Thursday, March 26, 1:30 p.m., Room 210, Farnum Building (373-5312) Transportation - Thursday, March 26, 8:30 a.m., Room 210, Farnum Building (373-5323) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:46 a.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, March 26, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 31 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, March 26, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—excused Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 382 JOURNAL OF THE SENATE [March 26, 2015] [No. 31 enator Mike Shirkey of the 16th District offered the following invocation: S Heavenly Father, may this day be a blessing to You, Lord. May this day be a blessing to You. Guide our thoughts and our words; guard our hearts from this world. May this day be a blessing to You. In the precious name of Jesus, I pray. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Hopgood entered the Senate Chamber. enator Kowall moved that Senator Brandenburg be temporarily excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Meekhof admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. enator Hood moved that Senator Ananich be excused from today’s session. S The motion prevailed. Senator Brandenburg entered the Senate Chamber. The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, March 25: House Bill Nos. 4015 4295 The Secretary announced that the following bills and joint resolutions were printed and filed on Wednesday, March 25, and are available at the Michigan Legislature website: Senate Bill Nos. 225 226 227 228 229 230 231 234 Senate Joint Resolution I House Bill Nos. 4366 4367 4368 4369 4370 4371 4372 4373 4374 4375 4376 4377 4378 4379 4380 4381 4382 4383 4384 4385 4386 4387 House Joint Resolution L By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Young as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 56, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 304, 555, 821, and 8202 (MCL 600.304, 600.555, 600.821, and 600.8202), sections 304 and 555 as amended by 1996 PA 374, section 821 as amended by 2004 PA 492, and section 8202 as amended by 1996 PA 388. Senate Bill No. 191, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1f of chapter IX (MCL 769.1f), as amended by 2012 PA 331. No. 31] [March 26, 2015] JOURNAL OF THE SENATE 383 Senate Bill No. 195, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17748 (MCL 333.17748), as amended by 2014 PA 413. The bills were placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 53, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1 and 5o (MCL 28.421 and 28.425o), section 1 as amended by 2014 PA 203 and section 5o as amended by 2014 PA 206. The House of Representatives has substituted (H-3) the bill. The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 5b, and 5o (MCL 28.421, 28.425b, and 28.425o), as amended by 2015 PA 3. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 67 Yeas—35 Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Young Hansen Knezek Proos Zorn Hertel Knollenberg Robertson Nays—2 Gregory Warren Excused—1 Ananich 384 JOURNAL OF THE SENATE [March 26, 2015] [No. 31 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title as amended. Senator Kowall moved to reconsider the vote by which the House substitute was concurred in. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 68 Yeas—36 Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Rocca Brandenburg Hood MacGregor Schmidt Casperson Hopgood Marleau Schuitmaker Colbeck Horn Meekhof Shirkey Emmons Hune Nofs Smith Green Johnson O’Brien Stamas Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Nays—1 Warren Excused—1 Ananich Not Voting—0 In The Chair: President The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senator Kowall moved that rule 3.202 be suspended to permit immediate consideration of the following bill: Senate Bill No. 54 The motion prevailed, a majority of the members serving voting therefor. Senate Bill No. 54, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40104, 40112, and 48703a (MCL 324.40104, 324.40112, and 324.48703a), section 40104 as added by 1995 PA 57, section 40112 as amended by 1996 PA 316, and section 48703a as amended by 2014 PA 281. No. 31] [March 26, 2015] JOURNAL OF THE SENATE 385 he House of Representatives has substituted (H-3) the bill. T The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 40112 and 48703a (MCL 324.40112 and 324.48703a), section 40112 as amended by 1996 PA 316 and section 48703a as amended by 2014 PA 281. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 69 Yeas—37 Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Ananich Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senator Kowall moved that rule 3.202 be suspended to permit immediate consideration of the following bill: Senate Bill No. 55 The motion prevailed, a majority of the members serving voting therefor. Senate Bill No. 55, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40111c (MCL 324.40111c), as added by 2008 PA 301. 386 JOURNAL OF THE SENATE [March 26, 2015] [No. 31 he House of Representatives has substituted (H-2) the bill. T The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 70 Yeas—37 Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Ananich Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage: Senate Bill No. 56 Senate Bill No. 195 The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 9 House Bill No. 4119 House Bill No. 4120 Senate Bill No. 56 Senate Bill No. 195 The motion prevailed. No. 31] [March 26, 2015] JOURNAL OF THE SENATE 387 The following bill was read a third time: Senate Bill No. 9, entitled A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending sections 2, 7, and 7a (MCL 722.22, 722.27, and 722.27a), section 2 as amended by 2005 PA 327, section 7 as amended by 2005 PA 328, and section 7a as amended by 2012 PA 600. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 71 Yeas—37 Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Ananich Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4119, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 4012 (MCL 600.4012), as amended by 2012 PA 304. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 72 Yeas—37 Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren 388 JOURNAL OF THE SENATE [March 26, 2015] [No. 31 Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Ananich Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4120, entitled A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 7 (MCL 408.477), as amended by 2012 PA 30. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 73 Yeas—37 Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 No. 31] [March 26, 2015] JOURNAL OF THE SENATE 389 Excused—1 Ananich Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 56, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 304, 555, 821, and 8202 (MCL 600.304, 600.555, 600.821, and 600.8202), sections 304 and 555 as amended by 1996 PA 374, section 821 as amended by 2004 PA 492, and section 8202 as amended by 1996 PA 388. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 74 Yeas—33 Bieda Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Johnson Nofs Smith Emmons Jones O’Brien Stamas Green Knezek Pavlov Warren Gregory Knollenberg Proos Young Hansen Kowall Robertson Zorn Hertel Nays—3 Hood Hune Rocca Excused—1 Ananich Not Voting—1 Booher In The Chair: President The Senate agreed to the title of the bill. 390 JOURNAL OF THE SENATE [March 26, 2015] [No. 31 Pursuant to rule 1.306, Senator Booher submitted the following: March 25, 2015 Pursuant to Senate Rule 1.306, I am writing to disclose a potential conflict of interest in Senate Bill No. 56, which could be perceived as providing a benefit to an individual to whom I am personally related. Accordingly, I have abstained from voting on the bill. Sincerely, Sen. Darwin L. Booher 35th Senate District The following bill was read a third time: Senate Bill No. 195, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17748 (MCL 333.17748), as amended by 2014 PA 413. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 75 Yeas—33 Booher Hopgood MacGregor Rocca Brandenburg Horn Marleau Schmidt Casperson Hune Meekhof Schuitmaker Colbeck Johnson Nofs Shirkey Emmons Jones O’Brien Smith Green Knezek Pavlov Stamas Hansen Knollenberg Proos Young Hertel Kowall Robertson Zorn Hildenbrand Nays—4 Bieda Gregory Hood Warren Excused—1 Ananich Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. Protests Senators Warren, Hood, Bieda and Gregory, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 195. Senator Warren’s statement, in which Senators Hood, Bieda and Gregory concurred, is as follows: As many of you know, and those of you who sat on the committee have had a chance to dig into this a little deeper, we do need to fix some unintended consequences of the compounding pharmacy legislation that we passed last year. That is, we cast a little bit too wide of a net. No. 31] [March 26, 2015] JOURNAL OF THE SENATE 391 A number of folks who never came into contact with our pharmaceutical drugs would have to be fingerprinted and back­ ground checked, should we not make this fix that was in front of us today. Unfortunately, we didn’t do the work, before we had this bill on the board today, to figure out how we would make sure that those who do have a role in compounding our medications and dispensing our medications have appropriate background checks and fingerprints taken and put into our system. I know there are commitments from those involved to do a workgroup, but unfortunately, I think our process should work the other way. I think we should have the workgroup first, have the final legislation in front of us, and then cast a vote. So I cast my “no” vote today, but I look forward to working with stakeholders to make sure we get this right, to both protect the safety of our citizens and not have an impediment that’s too large for those who want to be in the business of helping provide pharmaceutical medications to our citizens. By unanimous consent the Senate proceeded to the order of Resolutions Senator Kowall moved that the rules be suspended and that the following resolutions, now on Committee Reports, be placed on the Resolutions calendar for consideration today: Senate Resolution No. 27 Senate Resolution No. 28 The motion prevailed, a majority of the members serving voting therefor. enate Resolution No. 27. S A resolution designating September 6, 2015, as Michigan Mining Day. The question being on the adoption of the resolution, Senator Casperson offered the following amendments: 1. Amend the resolution, following the fourth Whereas clause, by inserting: “Whereas, Mining is a growing industry for our entire state. Limestone mines are found throughout Northeast Michigan including sites in Alpena and Presque Isle counties. Lafarge Presque Isle Quarry and Alpena Cement Plant and Quarry have approximately 500 employees in Michigan today, while the Calcite Plant in Presque Isle County lays claim to the world’s largest limestone quarry. Mining capabilities in Northern Michigan have paved the path for Alpena to house Lafarge’s largest cement plant in the nation; and”. 2. Amend the fifth Whereas clause, line 5, after “responsibly” by striking out the comma and “without adversely impacting” and inserting “while being mindful of”. The amendments were adopted. The resolution as amended was adopted. enate Resolution No. 28. S A resolution to express support for the renewed growth of mining in Michigan. The question being on the adoption of the resolution, Senator Casperson offered the following substitute: A resolution to express support for the renewed growth of mining in Michigan. Whereas, Michigan is blessed with an abundance of valuable mineral resources. Our state’s long and diverse geologic history has produced a wide variety of minerals, notably copper, iron, nickel, salt, sand, gravel, and limestone; and Whereas, Mining played an integral part of Michigan’s history and growth. More native copper ore was mined in Michigan’s Keweenaw Peninsula from 1845 to 1887 than any other place in North America, and for many years, Michigan produced more than one-half of the nation’s supply of copper. In 1844, rich iron ore deposits were discovered in the Upper Peninsula, and from the 1850s to the early 1900s, Michigan was the nation’s leader in iron ore production. From 1880 to 1926, Michigan also ranked first or second in the nation in salt production. Michigan’s mining industry was a major driver of Michigan’s early economy and growth and attracted immigrants from around the world. So important were the mineral riches of the Upper Peninsula that, in 1855, a remarkable engineering feat was completed, the construction of a canal and locks along the St. Mary’s River to enable the transport of these minerals around the world; and Whereas, Mining continues to be an important piece of Michigan’s economy and economic future, with mineral resources in the Upper Peninsula attracting new interest from a number of national and international companies. These companies are investing in Michigan and creating well-paying jobs, often in areas that are in dire need of economic opportunity. For example, the Eagle Mine has created over 300 new jobs that support another 1,250 jobs in the community; has invested more than $50 million in public infrastructure; generates new local and state tax revenue; and is providing a 20 percent boost to the local economy. It is a clear example of how the resurgence of mining can play a vital role in our state’s economic recovery, not only in the Upper Peninsula but in Michigan as a whole; and 392 JOURNAL OF THE SENATE [March 26, 2015] [No. 31 Whereas, Mining is a growing industry for our entire state. Limestone mines are found throughout Northeast Michigan including sites in Alpena and Presque Isle counties. Lafarge Presque Isle Quarry and Alpena Cement Plant and Quarry have approximately 500 employees in Michigan today, while the Calcite Plant in Presque Isle County lays claim to the world’s largest limestone quarry. Mining capabilities in Northern Michigan have paved the path for Alpena to house Lafarge’s largest cement plant in the nation; and Whereas, Modern-day mining can boost our state and local economies while providing for a balanced use of natural resources. In the last decade, the Legislature created new laws for nonferrous metallic mineral mining that bolstered our state’s already-strong environmental standards and regulations, arguably making them the most stringent standards in the world. These standards ensure that today’s mining is carried out safely and responsibly while being mindful of the environment and still permitting local communities, families, and institutions to prosper and grow for future generations of Michiganders; and Whereas, Even in the information age, abundant natural resources and their wise use can be the cornerstone of a success­ ­ful state. Four of the top ten best-run states—North Dakota, Wyoming, Texas, and Alaska—identified by the financial news publication 24/ 7 Wall St. have robust mining industries that provide jobs, investments, and tax revenue that fuel these states’ economies and their high ratings. The expansion of mining in Michigan can provide similar benefits, helping build a strong, diverse, and resilient economy across all regions of our state; now, therefore, be it Resolved by the Senate, That we express support for the renewed growth of mining in Michigan. The substitute was adopted. The resolution as substituted was adopted. enator Kowall moved that consideration of the following concurrent resolution be postponed for today: S Senate Concurrent Resolution No. 5 The motion prevailed. Senator Kowall moved that rule 3.204 be suspended to permit immediate consideration of the following concurrent resolution: House Concurrent Resolution No. 5 The motion prevailed, a majority of the members serving voting therefor. ouse Concurrent Resolution No. 5. H A concurrent resolution prescribing the Joint Rules of the House of Representatives and Senate. Resolved by the House of Representatives (the Senate concurring), That the following be and are hereby adopted as the Joint Rules of the House of Representatives and Senate: JOINT RULES OF THE HOUSE OF REPRESENTATIVES AND SENATE Transmission of Messages. Rule 1. All messages necessary for conducting legislative business between the two houses shall be communicated in writing and electronically by the Secretary of the Senate and the Clerk of the House of Representatives. Amendments. Rule 2. It shall be in the power of either house to amend an amendment made by the other to any bill, resolution, or alternative measure as defined in Rule 29. Conference Committees. Rule 3. (a) The house not concurring in the amendments of the other house shall appoint conferees and notify the amending house of its action. The amending house shall request return of the bill, resolution, or alternative measure or appoint conferees. The conference committee shall consist of three members from each house, to be appointed as each house may determine. The first named member of the house in which the bill, resolution, or alternative measure originated shall be chairperson of the conference committee. Upon appointment of conferees by both houses, the bill, resolution, or alternative measure shall be referred to the conference committee. When one house amends or substitutes a bill, resolution, or alternative measure that has been returned for concurrence from the other house, but then non-concurs in that bill, resolution, or alternative measure as amended or substituted, those amendments or that substitute shall not be referred to the conference committee. The conference committee shall serve until the conference report has been adopted by both houses or rejected by a house. (b) The conference committee shall consist of committees of the two houses with those two committees voting separately while in conference. The adoption of a conference report shall require concurring majorities of the members of each house. The conference committees of the two houses shall vote separately while in conference. The majority of each committee No. 31] [March 26, 2015] JOURNAL OF THE SENATE 393 shall constitute a quorum of each committee and shall determine the position to be taken toward the propositions of the conference committee. If the conferees agree, a report shall be made which shall be signed by at least a majority of the conferees of each house who were present and voted in the conference committee meeting to adopt the report. The bill, resolution, or alternative measure, including the original signed conference report and three copies, shall be filed in the house of origin where the question shall be on the adoption of the conference report. If the conference report is adopted in the house of origin, the bill, resolution, or alternative measure, including the original signed conference report, and two copies of the conference report shall be transmitted to the other house where the question shall be on the adoption of the conference report. If the conference report is adopted in the other house, the bill, resolution, or alternative measure and the original signed copy of the conference report shall be returned to the house of origin and referred for enrollment printing and presentation to the Governor, filing with the Secretary of State, or filing for record with the Secretary of the Senate or Clerk of the House of Representatives. Conference Committee Clerk. Rule 4. The conference committee clerk shall be from the house of origin, who shall notify the Secretary of the Senate and the Clerk of the House of Representatives of all scheduled meetings for public posting and shall deliver written notice to each member of the conference committee and the majority and minority leaders of each house indicating the time and place of all scheduled meetings. Conference committees on appropriation bills may use fiscal agency personnel from the same house as the Chairperson for clerks. Conference Report: Rejection. Rule 5. If the conference report is rejected by the house of origin, it shall appoint second conferees and notify the other house of its action. The procedure shall then be the same as for an original conference. If the conference report is rejected by the other house, it shall appoint second conferees, notify the house of origin of its action, and transmit the bill, resolution, or alternative measure to the house of origin. Upon receipt of the bill, resolution, or alternative measure, the house of origin shall appoint second conferees and refer the bill, resolution, or alternative measure to the second conference committee. The procedure shall then be the same as for an original conference. Disagreement of Conferees. Rule 6. If the conferees are unable to agree, a report of that fact shall be made to both houses. The report, that the conferees were unable to agree, shall be signed by at least a majority of the conferees of each house who were present and voted in the conference committee meeting to adopt the report. The bill, resolution, or alternative measure, including the original signed conference report that the conferees were unable to agree, and three copies shall be filed in the house of origin. Both houses shall appoint second conferees, and the house of origin shall refer the bill, resolution, or alternative measure to the second conference committee. The procedure shall then be the same as for an original conference. Second Conference: Failure. Rule 7. When a second conference committee fails to reach agreement, or when a second conference report is rejected by either house, no further conference is in order. Power of Conferees. Rule 8. The conference committee shall not consider any matters other than the matters of difference between the two houses. For all bills making appropriations, adoption of a substitute by either house shall not open identical provisions contained in the other house-passed version of the bill as a matter of difference; nor shall the adoption of a substitute by either house open provisions not contained in either house version of the bill as a matter of difference. When the conferees arrive at an agreement on the matters of difference that affects other parts of the bill, resolution, or alternative measure, the conferees may recommend amendments to conform with the agreement. In addition, the conferees may also recommend technical amendments to the other parts of the bill, resolution, or alternative measure, such as, necessary date revisions, adjusting totals, cross-references, misspelling and punctuation corrections, conflict amendments for bills enacted into law, additional anticipated federal or other flow through funding, and corrections to any errors in the bill, resolution, or alternative measure or the title. Adoption of Conference Report. Rule 9. Conference reports shall not be subject to amendments or division. The vote on conference reports shall be taken by “yeas” and “nays” and shall require the same number of votes constitutionally required for passage of the bill or adoption of the resolution or alternative measure. Conference reports shall not be considered until they are made available to the public on the Internet; this requirement may, however, be suspended by a house by a majority vote in that house, provided that a copy of the conference report has been made available to each Member. Conference Reports: Points of Order. Rule 10. Points of order regarding conference reports shall be decided by the presiding officer, subject to an appeal, which appeal shall be determined by a majority vote. When a conference report is ruled out of order, the conference report is returned to the originating conference committee with instructions to eliminate from the report such matters as have been declared not within the powers of the conferees to consider. 394 JOURNAL OF THE SENATE [March 26, 2015] [No. 31 Either House May Recede. Rule 11. At any time while in possession of the bill, resolution, or alternative measure, either house may recede from its position in whole or in part, and the bill, resolution, or alternative measure upon request may be returned to the other house for that purpose. If this further action is agreed to by both houses, the bill, resolution, or alternative measure shall be referred for enrollment printing and presentation to the Governor, filing with the Secretary of State, or filing for record with the Secretary of the Senate or Clerk of the House of Representatives. Correction of Errors. Rule 12. If errors are found in a bill, resolution, or alternative measure which has been passed or adopted by both houses, the house in which the bill, resolution, or alternative measure originated may make amendments to correct the errors and shall notify the other house of its action. If the corrective amendments are agreed to by the other house, the corrected bill, resolution, or alternative measure shall be referred for enrollment printing and presentation to the Governor, filing with the Secretary of State, or filing for record with the Secretary of the Senate or Clerk of the House of Representatives. In addition, the Secretary of the Senate and Clerk of the House of Representatives, as the case may be, shall correct obvious technical errors in the enrolled bill, resolution, or alternative measure, including adjusting totals, misspellings, the omission or redundancy of grammatical articles, cross-references, punctuation, updating bill, resolution, or alternative measure titles, capitalization, citation formats, and plural or singular word forms. Bills and Joint Resolutions. Rule 13. Upon introduction, no bill shall include catch lines, a severing clause, or a general repealing clause, as dis­tin­ guished from a specific or an express repealing clause. The Secretary of the Senate and the Clerk of the House of Representatives shall delete such catch lines and clauses from all bills. The same joint resolution shall not propose an amendment to the Constitution on more than one subject matter. However, more than one section of the Constitution may be included in the same joint resolution if the subject matter of each section is germane to the proposed amendment. Yeas and Nays. Rule 14. The yeas and nays shall be taken and printed in the Journal of the house taking action upon the passage or adoption of any bill, joint resolution, alternative measure, conference report, and amendments made by the other house to a bill, joint resolution, or alternative measure. No Members Present. Rule 15. In the event the presiding officer and all members are absent on a day scheduled for meeting, the Secretary of the Senate or the Clerk of the House of Representatives, as the case may be, shall call that house to order at the designated time and announce the absence of a quorum. That house shall be declared adjourned until the succeeding legislative day and hour previously designated. In any event where either or both houses of the Legislature adjourns to a date certain for more than two days, a committee composed of the Majority Leader of the Senate and the Speaker of the House of Representatives may, by a unanimous vote of that committee, convene either or both houses of the Legislature at any time in case of emergency. If a gubernatorial appointment that is subject to the advice and consent process is made at a time such that 60 days would lapse during an extended recess of the Senate, the Senate Majority Leader may schedule a session of the Senate for the sole purpose of carrying out the Senate’s constitutional duties to advise and consent on gubernatorial appointments. No other action shall be taken by the Senate during session convened under this provision. The Senate Majority Leader shall notify the Secretary of the Senate at least 10 calendar days prior to the date of the scheduled session, and the Secretary of the Senate shall take all reasonable steps to notify the members of the Senate of the scheduled session. Passage, Adoption, and Enrollment Printing. Rule 16. Every bill passed or joint resolution or alternative measure adopted by both houses and returned to the house of origin shall forthwith be enrolled and signed by the Secretary of the Senate and the Clerk of the House of Repre­ sentatives. Enrolled bills shall be presented to the Governor, and enrolled joint resolutions that propose an amendment to the Constitution and alternative measures that propose a different measure upon the same subject as a rejected law proposed by initiative petition shall be filed with the Secretary of State with a certificate attached to the effect that the joint resolution or alternative measure has been adopted by the Senate and House of Representatives, respectively, in accordance with the provisions of the Constitution. If the house having last passed the bill or adopted the joint resolution or alternative measure requests its return and such request is granted or a motion is made in the house of origin to amend errors in the bill, joint resolution, or alternative measure, or to give the bill immediate effect, the enrollment printing shall not occur. Every bill, joint resolution, alternative measure, or concurrent resolution passed or adopted by either house shall be transmitted to the other house unless a motion for reconsideration is pending. Immediate Effect. Rule 17. Whenever both houses, by the constitutional vote, order that a bill take immediate effect, a statement shall be added at the enrollment of the bill in words to this effect: “This act is ordered to take immediate effect.” No. 31] [March 26, 2015] JOURNAL OF THE SENATE 395 Joint Resolutions. Rule 18. Joint resolutions shall be used for the following purposes: 1. Amendments to the Constitution of Michigan. 2. Ratification of amendments to the Constitution of the United States submitted by the Congress. 3. Matters upon which power is solely vested in the Legislatures of the several states by the Constitution of the United States. Joint resolutions proposing amendments to the Constitution of Michigan shall require a 2/3 vote of the members elected and serving in each house for adoption. Other joint resolutions shall require a majority of the members elected and serving in each house for adoption. All joint resolutions shall require a record roll call vote. Veto Override: Filing with Secretary of State. Rule 19. When a bill is passed by both houses over the objections of the Governor or a bill is not filed by the Governor with the Secretary of State within the constitutionally mandated 14-day period, and the Legislature continues in session, an official enrolled bill with a letter from the house of origin signed by the Secretary of the Senate or the Clerk of the House of Representatives, as appropriate, shall be filed with the Secretary of State for a public act number to be assigned. The letter shall certify that the Governor’s veto has been overridden by both houses of the Legislature or that the bill has not been returned within the specified time, as the case may be, in accordance with the provisions of the Constitution. Section Numbers of Compiled Laws - Amendments. Rule 20. The title of every bill or alternative measure to amend or repeal existing laws shall be clear and explicit so as to definitely fix what is proposed to be done. Such title shall refer to the act number and the year in which it was passed. If the bill was passed or alternative measure was adopted at an extra session of the Legislature, the title shall designate which extra session. Such title shall contain the last title of the act it is proposed to amend. However, the short title (e.g., This act shall be known and may be cited as “The revised judicature act of 1961,”) shall be used in acts where it has been defined by legislative enactment. The title shall also contain the chapter, part numbers and compiler’s section numbers, if any, and the year of the compilation containing the same. Following the passage of a bill or adoption of an alternative measure with a short title, the house other than the house of origin shall replace the short title with the last full title of the act it is proposed to amend or repeal. Other corrective amendments to the title shall be made as may be necessary. The full title and amended title shall be agreed to by both houses. When an amendment to a bill or alternative measure, or a bill or alternative measure to amend an existing law is printed, words proposed to be added to such law shall be printed in upper case bold type, and the words to be omitted shall be printed in stricken-through type. This style requirement also applies to joint resolutions that amend the Constitution of Michigan. All bills, joint resolutions, and alternative measures introduced, amendments to joint resolutions and alternative measures, substitute bills, joint resolutions, and alternative measures, and conference committee reports shall be approved as to form and section numbers by the Legislative Service Bureau. Tie-bars. Rule 21. A bill, resolution, or alternative measure that is tie-barred to a request number shall not be considered for passage or adoption unless that tie-barred request item has been introduced. No bill, resolution, or alternative measure shall be passed or adopted by either house until the tie-barred item has been designated in the appropriate blank space provided. Elections in Joint Convention. Rule 22. Whenever there is an election of any officer in joint convention, the result shall be certified by the President of the Senate and the Speaker of the House of Representatives. The results shall be announced by the presiding officers to their respective houses, printed in the Journal of each house, and communicated to the Governor by the Secretary of the Senate and the Clerk of the House of Representatives. Legislative Handbook. Rule 23. The initial appointment of the standing committee members of the two houses shall be printed in their respective Journals as soon as possible after the announcement. The Secretary of the Senate and the Clerk of the House of Represen­ tatives shall prepare and have printed a legislative handbook containing these appointments and other information they deem appropriate. Compensation. Rule 24. Compensation for members, officers, and employees of the Legislature shall be delivered to the Secretary of the Senate or Clerk of the House of Representatives, as the case may be, and transmitted directly to the payee. If the office of a member of the Legislature becomes vacant, the compensation for the elected successor shall begin on the date of his or her oath of office. Committee Expenses. Rule 25. No committee created by concurrent resolution shall incur expenses in excess of $2,500.00 unless authorized in the resolution creating that committee. 396 JOURNAL OF THE SENATE [March 26, 2015] [No. 31 Final Adjournment of Regular Sessions. Rule 26. In the regular session in each year, this rule for adjournment shall govern. The Majority Floor Leader of the Senate and/or the Majority Floor Leader of the House of Representatives shall introduce a concurrent resolution providing for an adjournment schedule for the Legislature for that regular session. Daily Adjournment. Rule 27. Neither house shall remain in session on any legislative day beyond 12:00 midnight. If either house is in session at 12:00 midnight, the presiding officer shall declare that house adjourned until a fixed hour for meeting on the next legislative day. That house shall stand adjourned until the next fixed meeting time. Pending Business. Rule 28. Any business, bill, or joint resolution which has not been defeated by either house shall be considered pending under the provisions of Article 4, Section 13 of the Constitution. It shall not be in order for either house, by suspension of rules or any other means, to reconsider in a subsequent year the vote by which any business, bill, joint resolution, or veto override was defeated in a previous year unless there is a pending motion to reconsider offered in the odd-numbered year. Alternative Measures. Rule 29. If the Legislature rejects a law proposed by initiative petition, the Legislature may propose a different (“alternative”) measure upon the same subject as provided in Article 2, Section 9, of the Michigan Constitution of 1963. An alternative measure shall be labeled “Alternative Measure No. ___ to a law proposed by Initiative Petition”. An alternative measure shall not be considered for a second reading in either house unless a law proposed by initiative petition has been rejected by a house. An alternative measure shall require a majority vote of the members elected and serving in each house for adoption, and the vote shall be by record roll call. The House of Representatives has adopted the concurrent resolution. The question being on the adoption of the concurrent resolution, The concurrent resolution was adopted, a majority of the members serving voting therefor. Senators Booher, Brandenburg, Hansen and Kowall were named co‑sponsors of the concurrent resolution. enators Gregory, Hood, Bieda, Robertson, Ananich, Knezek and Kowall offered the following resolution: S Senate Resolution No. 32. A resolution to commemorate April 2015 as Sarcoidosis Awareness Month in the state of Michigan. Whereas, Sarcoidosis is a noncontagious, systemic inflammatory disease that causes the immune system to damage the body’s own tissues. It can affect any organ in the body but most commonly affects the lungs and lymph nodes; and Whereas, Those with sarcoidosis often suffer in chronic, debilitating ways and may or may not present outward symptoms, depending on the organs the disease affects; and Whereas, Sarcoidosis can impact people of all races and all ages, but according to the United States Department of Health and Human Services, it is most common among African Americans who are between the ages of 20 and 40; and Whereas, While some progress has been made in recognizing the symptoms of sarcoidosis and diagnosing its presence, the cause of this rare disease remains unknown; and Whereas, Although prevalence rates for sarcoidosis can only be estimated because many with the disease go undiagnosed, the estimated prevalence rates in the United States range from 1 to 40 per 100,000 people; and Whereas, Through instituting further research, quantifying the prevalence of the disease, discovering the causes, and improving treatment, medical authorities may find that a cure for this debilitating disease is well within reach; and Whereas, During the month of April, worldwide events are scheduled to increase public awareness of the need to support individuals with sarcoidosis, encourage more research funding, and educate the public about the disease; and Whereas, Greater awareness and knowledge of sarcoidosis would substantially benefit those affected and ultimately will help to find a cure for this potentially fatal disease; now, therefore, be it Resolved by the Senate, That we hereby commemorate April 2015 as Sarcoidosis Awareness Month in the state of Michigan. We encourage citizens to learn more about this disease and show support for its victims. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Booher, Brandenburg, Hansen and Schmidt were named co‑sponsors of the resolution. enator O’Brien offered the following resolution: S Senate Resolution No. 33. A resolution to recognize DBA International for its efforts to protect consumers and creditors through a national receivables management certification program. Whereas, DBA International is a nonprofit trade association that represents the interests of more than 575 companies in the United States that purchase or support the purchase of receivables on the secondary market; and No. 31] [March 26, 2015] JOURNAL OF THE SENATE 397 Whereas, The secondary market for receivables provides banks, credit unions, and other originating creditors a place to sell their assets to companies that specialize in and understand the legal intricacies involved in managing and collecting on a receivables portfolio; and Whereas, Banks, credit unions, and originating creditors have a responsibility to ensure that any receivables they sell on the secondary market are to companies that meet or exceed the standards established by the state and federal government for the management and collection of receivables; and Whereas, DBA International operates a U.S.-focused receivables management certification program that provides the Certified Professional Receivables Company (CPRC) designation to companies that agree to comply with comprehensive national standards of industry best practices and independent third party audits; and Whereas, The comprehensive national standards contained in the DBA International certification program exceed state and federal laws and regulations through a series of stringent requirements that stress responsible consumer protection through increased transparency and operational controls; and Whereas, DBA International requires all member companies who purchase receivables on the secondary market to become certified by March 1, 2016, as a requisite for membership in the trade association; and Whereas, Twenty-one of DBA International’s member companies are headquartered in Michigan, providing a positive impact on the state’s economy and employment opportunities to its residents; now, therefore, be it Resolved by the Senate, That we hereby recognize and commend DBA International for its efforts to create a gold standard in receivables management for the protection of consumers and to provide additional assurances to banks, credit unions, and other originating creditors that those companies they transact business with on the secondary market have committed to exceed the standards established by the state and federal government for the management and collection of receivables. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Hansen, Kowall, Schmidt and Zorn were named co‑sponsors of the resolution. Introduction and Referral of Bills Senator Robertson introduced Senate Bill No. 239, entitled A bill to prohibit a local unit of government from enacting an ordinance or rule that regulates a dog based solely on breed, perceived breed, or type; and to provide for the powers and duties of certain local governmental entities. The bill was read a first and second time by title and referred to the Committee on Local Government. Senators Jones, Ananich, Hune, Green, Schuitmaker, Hansen, Marleau, Rocca, Emmons, Brandenburg, Nofs, Robertson, Proos, Hildenbrand, Bieda, Hertel, Warren, Horn, Kowall, Hood, MacGregor, Pavlov, Smith and Knollenberg introduced Senate Bill No. 240, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 914a. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Colbeck, O’Brien, Robertson, Brandenburg, Booher, Marleau, Proos and Zorn introduced Senate Bill No. 241, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending sections 261 and 268 (MCL 18.1261 and 18.1268), section 261 as amended by 2012 PA 555 and section 268 as amended by 2007 PA 183. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senators O’Brien, Colbeck, Robertson, Brandenburg, Booher, Marleau, Proos and Zorn introduced Senate Bill No. 242, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 295 (MCL 18.1295), as amended by 2010 PA 372. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. 398 JOURNAL OF THE SENATE [March 26, 2015] [No. 31 Senators Hopgood, Gregory, Hertel, Bieda, Young, Warren, Johnson and Hood introduced Senate Bill No. 243, entitled A bill to require employers to allow a day of rest for employees each week; to require employers to allow a meal break during certain work periods; to provide for exceptions and exemptions; to provide powers and duties of certain state officers and departments; to authorize rule promulgation; and to provide remedies. The bill was read a first and second time by title and referred to the Committee on Commerce. Senators Pavlov, Marleau, Zorn, Proos, Knezek, Bieda and Hansen introduced Senate Bill No. 244, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40119 (MCL 324.40119), as amended by 2013 PA 175. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. Senators Zorn, Marleau, Proos, Pavlov, Knezek, Bieda and Hansen introduced Senate Bill No. 245, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40118 (MCL 324.40118), as amended by 2012 PA 520. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. Senators Zorn, Marleau, Proos, Pavlov, Knezek, Bieda and Hansen introduced Senate Bill No. 246, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13e of chapter XVII (MCL 777.13e), as amended by 2014 PA 538. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. Senator Horn introduced Senate Bill No. 247, entitled A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending the title and sections 10 and 10a (MCL 460.10 and 460.10a), the title as amended by 2005 PA 190 and sections 10 and 10a as amended by 2008 PA 286. The bill was read a first and second time by title and referred to the Committee on Energy and Technology. Senator Hune introduced Senate Bill No. 248, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending the title and sections 3101, 3104, 3107, 3107a, 3114, 3135, 3157, 3163, 3301, 3310, 3330, 4501, and 6107 (MCL 500.3101, 500.3104, 500.3107, 500.3107a, 500.3114, 500.3135, 500.3157, 500.3163, 500.3301, 500.3310, 500.3330, 500.4501, and 500.6107), the title as amended by 2002 PA 304, section 3101 as amended by 2014 PA 492, section 3104 as amended by 2002 PA 662, section 3107 as amended by 2012 PA 542, section 3107a as amended by 1991 PA 191, section 3114 as amended by 2002 PA 38, section 3135 as amended by 2012 PA 158, section 3163 as amended by 2002 PA 697, section 3310 as amended by 2001 PA 228, section 3330 as amended by 2012 PA 204, section 4501 as amended by 2012 PA 39, and section 6107 as added by 1992 PA 174, and by adding section 3107c and chapter 63. The bill was read a first and second time by title and referred to the Committee on Insurance. No. 31] [March 26, 2015] JOURNAL OF THE SENATE 399 Senator Hune introduced Senate Bill No. 249, entitled A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 25a (MCL 552.625a), as amended by 2009 PA 193. The bill was read a first and second time by title and referred to the Committee on Insurance. House Bill No. 4015, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 465 (MCL 750.465). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 4295, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16m of chapter XVII (MCL 777.16m), as amended by 2014 PA 192. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. Statements Senator Colbeck asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Colbeck’s statement is as follows: My colleagues, I think it’s pretty clear that Obamacare’s days are numbered. Either the Supreme Court will strike it down via rulings on cases like King v. Burwell or Halbig v. Burwell; it will be repealed in 2017; or it will implode on itself, taking the health of many of our citizens with it. The annual price tag for Obamacare is about $1.35 trillion, all to insure an additional 19 million citizens while 36 million still remain without health insurance. That works out to $71,052 per additional enrollee each year. Against this backdrop, a high-quality individual health plan could be purchased on the open market for less than $6,000 per year. It is time to think about life without Obamacare. If Obamacare were ever about care, it might be worth seeking ways to tweak the legislation. The stated objectives of Obamacare, after all, were to lower the cost of care, expand access to care, and protect consumer choice. In fact, the true objective was control, not care. It defies logic to assert that the addition of 159 organizations between a patient and a doctor would lower the cost of care. It defies logic to assert that the insertion of bureaucrats between a doctor and patient would actually improve the quality of care. These new organizations and bureaucrats do come in handy if your goal is control, not care. Why do you think the IRS was designated as the enforcement arm for Obamacare? For the sake of completeness, anyone who liked their insurance before Obamacare knows the fallacy of the protection of consumer choice. So how do we truly achieve the stated objectives of Obamacare? Return to free-market principles. If we truly want lower costs and higher quality, we need less government involvement, not more. In practical terms, that means that Michigan needs to remain steadfast in our opposition to a government-run state-based exchange. These exchanges have the appearance of the free market, but behind the curtain, they are run by an army of bureaucrats accountable to the federal Secretary of Health and Human Services, not the consumers on the exchange. Don’t believe me? Read the Health and Human Services Exchange regulatory blueprint—I have. So we know what not to do. What should we do? Implement what I refer to as a patient-centered care solution. For routine care, remove the need for third-party players. Refocus care on the doctor-patient relationship via direct primary care service contracts. Reserve insurance for catastrophic care. Health plans featuring Direct Primary Care Services for routine care and high-deductible insurance for catastrophic care have been proven to reduce employer-based health care costs by 20 percent and reduce hospitalization rates by over 50 percent. In other words, lower the cost and provide better care. But what about those who are still unable to afford access to quality health care? As it turns out, this patient-centered care solution would also lower costs and improve the quality of care for Medicaid enrollees. The state of Washington launched a pilot program of 1,000 enrollees and realized cost reductions of over 50 percent while also reducing hospitalization rates by 50 percent. They have since expanded the program to 50,000 enrollees. Michigan spends over $14 billion each year on coverage for 2.3 million of our 10 million citizens. A 50 percent reduction in Medicaid expenses could reduce the tax burden on the remaining 7.7 million citizens by as much as $7 billion. Since 40 percent of this figure comes in the form of state contributions, we have the opportunity to free up as much as $2.8 billion for other priorities, such as roads or that elusive objective of tax relief. 400 JOURNAL OF THE SENATE [March 26, 2015] [No. 31 President Reagan once opined in his Time for Choosing speech that the closest thing to eternal life on this earth is a government program. It is my hope that the prognosis for Obamacare is not so rosy. After all, Obamacare is about control, not care. We live in the land of the free and home of the brave. It is about time we acted like it, and promote free market alternatives to Obamacare. Committee Reports The Committee on Finance reported Senate Bill No. 10, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1 (MCL 205.51), as amended by 2013 PA 160. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Finance reported Senate Bill No. 11, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 2 (MCL 205.92), as amended by 2013 PA 234. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Finance reported Senate Bill No. 171, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7d (MCL 211.7d), as amended by 2012 PA 66. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Finance reported Senate Bill No. 232, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 2 (MCL 205.92), as amended by 2013 PA 234. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson No. 31] [March 26, 2015] JOURNAL OF THE SENATE 401 To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported Senate Bill No. 233, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1 (MCL 205.51), as amended by 2013 PA 160. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Finance submitted the following: T Meeting held on Tuesday, March 24, 2015, at 2:30 p.m., Room 210, Farnum Building Present: Senators Brandenburg (C), Robertson, Knollenberg, Casperson, Proos, Bieda and Warren The Committee on Appropriations reported Senate Bill No. 218, entitled A bill to amend 2004 PA 46, entitled “Public safety officers benefit act,” by amending the title and section 2 (MCL 28.632) and by adding section 4a. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, March 25, 2015, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young he Committee on Natural Resources reported T Senate Resolution No. 27. A resolution designating September 6, 2015, as Michigan Mining Day. (For text of resolution, see Senate Journal No. 29, p. 362.) With the recommendation that the resolution be adopted. To Report Out: Yeas: Senators Casperson, Pavlov, Robertson and Stamas Nays: Senator Warren The resolution was placed on the order of Resolutions. Thomas A. Casperson Chairperson 402 JOURNAL OF THE SENATE [March 26, 2015] [No. 31 he Committee on Natural Resources reported T Senate Resolution No. 28. A resolution to express support for the renewed growth of mining in Michigan. (For text of resolution, see Senate Journal No. 29, p. 363.) With the recommendation that the resolution be adopted. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Pavlov, Robertson and Stamas Nays: Senator Warren The resolution was placed on the order of Resolutions. COMMITTEE ATTENDANCE REPORT he Committee on Natural Resources submitted the following: T Meeting held on Wednesday, March 25, 2015, at 12:30 p.m., Room 210, Farnum Building Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren The Committee on Regulatory Reform reported Senate Bill No. 221, entitled A bill to provide for the reciprocal exchange of distance education between this state and other states or a higher education compact; to prescribe the powers and duties of certain state agencies and officials; to provide for collection of fees; to designate the state agency for negotiating distance education agreements; to establish a complaint process for students enrolled in distance education programs at participating colleges and universities; to establish an authorization and approval process for out-of-state distance education providers and participating colleges and universities in this state; and to provide penalties. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Kowall, Marleau, Hune, Warren, Hertel and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Regulatory Reform submitted the following: T Meeting held on Wednesday, March 25, 2015, at 1:00 p.m., Rooms 402 and 403, Capitol Building Present: Senators Rocca (C), Jones, Knollenberg, Kowall, Marleau, Hune, Warren, Hertel and Johnson COMMITTEE ATTENDANCE REPORT he Subcommittee on Licensing and Regulatory Affairs submitted the following: T Meeting held on Wednesday, March 25, 2015, at 8:30 a.m., Room 110, Farnum Building Present: Senators Knollenberg (C), Marleau and Young COMMITTEE ATTENDANCE REPORT he Subcommittee on Transportation submitted the following: T Meeting held on Thursday, March 26, 2015, at 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hansen (C), Knollenberg and Young No. 31] [March 26, 2015] JOURNAL OF THE SENATE 403 COMMITTEE ATTENDANCE REPORT he Subcommittee on Corrections submitted the following: T Meeting held on Thursday, March 26, 2015, at 9:00 a.m., Room 405, Capitol Building Present: Senators Proos (C), Knollenberg and Gregory COMMITTEE ATTENDANCE REPORT he Subcommittee on General Government submitted the following: T Meeting held on Thursday, March 26, 2015, at 9:00 a.m., Room 100, Farnum Building Present: Senators Stamas (C), Nofs, Booher and Young COMMITTEE ATTENDANCE REPORT he Subcommittee on Higher Education submitted the following: T Meeting held on Thursday, March 26, 2015, at 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Schuitmaker (C), MacGregor and Hertel enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:15 a.m. Pursuant to Senate Concurrent Resolution No. 10, the President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, April 14, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 404 No. 32 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, April 14, 2015. 10:00 a.m. The Senate was called to order by the Assistant President pro tempore, Senator Margaret E. O’Brien. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—excused Stamas—present Warren—present Young—present Zorn—present 406 JOURNAL OF THE SENATE [April 14, 2015] [No. 32 enator Kenneth B. Horn of the 32nd District offered the following invocation: S Thank You, dear Lord, for this glorious sunny day in Lansing. I know that we have a lot of tough issues that are facing us, facing the state, that we have to deal with on a regular basis. God bless the members and staff, the folks in the Gallery, and people back home. As we continue our hard work, we do this in Your name. Amen. The Assistant President pro tempore, Senator O’Brien, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Green entered the Senate Chamber. Senator Kowall moved that Senators Brandenburg, Knollenberg, Schuitmaker, Meekhof and Proos be temporarily excused from today’s session. The motion prevailed. enator Hood moved that Senator Warren be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Smith be excused from today’s session. S The motion prevailed. Senators Proos and Knollenberg entered the Senate Chamber. The President, Lieutenant Governor Calley, assumed the Chair. The following communication was received and read: Office of the Senate Majority Leader April 10, 2015 I would like House Bill 4015 (Kelly) re-referred to the Senate Committee on Commerce. If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communication was referred to the Secretary for record. The following communications were received and read: Office of the Auditor General March 26, 2015 nclosed is a copy of the following audit report: E Report on internal control, compliance, and other matters of Michigan Strategic Fund for the fiscal year ended September 30, 2014. March 27, 2015 nclosed is a copy of the following audit report: E Performance audit on Statewide Oracle Database Controls, Department of Technology, Management, and Budget. April 7, 2015 nclosed is a copy of the following audit report: E Report on internal control, compliance, and other matters of the State of Michigan 401K Plan for the fiscal year ended September 30, 2014. No. 32] [April 14, 2015] JOURNAL OF THE SENATE 407 April 7, 2015 nclosed is a copy of the following audit report: E Report on internal control, compliance, and other matters of the State of Michigan 457 Plan for the fiscal year ended September 30, 2014. Sincerely, Doug Ringler Auditor General The audit reports were referred to the Committee on Government Operations. The following communications were received: Department of State Administrative Rules Notices of Filing March 11, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-101-EQ (Secretary of State Filing #15-03-04) on this date at 2:21 p.m. for the Department of Environmental Quality, entitled “Oil and Gas Operations.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. March 11, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-001-EQ (Secretary of State Filing #15-03-05) on this date at 2:21 p.m. for the Department of Environmental Quality, entitled “Inland Lakes and Streams.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. March 11, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-146-EQ (Secretary of State Filing #15-03-06) on this date at 2:21 p.m. for the Department of Environmental Quality, entitled “Solid Waste Management.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. March 11, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-156-LR (Secretary of State Filing #15-03-07) on this date at 2:21 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Real Estate Appraisers - General Rules.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. March 17, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-002-LR (Secretary of State Filing #15-03-08) on this date at 3:25 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Dentistry - General Rules.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. 408 JOURNAL OF THE SENATE [April 14, 2015] [No. 32 March 17, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-145-LR (Secretary of State Filing #15-03-09) on this date at 3:25 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Public Conduct at Meetings.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. March 24, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-032-HS (Secretary of State Filing #15-03-10) on this date at 3:30 p.m. for the Department of Human Services, entitled “State Disability Assistance Program.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. March 24, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-083-LR (Secretary of State Filing #15-03-11) on this date at 3:30 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 6. Personal Productive Equipment.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. April 6, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-089-LR (Secretary of State Filing #15-04-01) on this date at 2:33 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 45. Fall Protection.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. April 6, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-093-LR (Secretary of State Filing #15-04-02) on this date at 2:33 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 40. Safety-Related Work Practices.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. April 6, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-150-LR (Secretary of State Filing #15-04-03) on this date at 2:33 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 62. Plastic Molding.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. April 7, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-068-LR (Secretary of State Filing #15-04-07) on this date at 2:57 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 59. Helicopters.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. No. 32] [April 14, 2015] JOURNAL OF THE SENATE 409 April 7, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-063-LR (Secretary of State Filing #15-04-06) on this date at 2:58 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 27. Blasting and Use of Explosives.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. April 7, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-062-LR (Secretary of State Filing #15-04-05) on this date at 2:58 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 18. Fire Protection and Prevention.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. April 7, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-016-LR (Secretary of State Filing #15-04-04) on this date at 2:59 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 303. Methylenedianiline (MDA).” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The follow communication was received: Regional Transit Authority of Southeast Michigan March 30, 2015 ttached please find the Report to the Legislature for the Regional Transit Authority of Southeast Michigan. Also A attached is a copy of the letter from the Local Audit and Finance Division of the Department of Treasury granting the City of Detroit an extension until March 31, 2015 to file their audit. Due to the city’s extension, financial statements were not available to include in our report. Hard copies of both the report and the letter will follow in the mail. If there are any questions, please contact Tiffany Gunter, Deputy CEO, at tgunter@rtamichigan.org or (313) 402-1020. Ginny Lickliter Executive Administrative Assistant The communication was referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Thursday, March 26: House Bill Nos. 4017 4041 4060 4134 4193 4224 The Secretary announced the enrollment printing and presentation to the Governor on Friday, March 27, for his approval the following bills: Enrolled Senate Bill No. 137 at 10:40 a.m. Enrolled Senate Bill No. 138 at 10:42 a.m. The Secretary announced the enrollment printing and presentation to the Governor on Monday, April 6, for his approval the following bills: Enrolled Senate Bill No. 42 at 11:12 a.m. Enrolled Senate Bill No. 53 at 11:14 a.m. Enrolled Senate Bill No. 54 at 11:16 a.m. Enrolled Senate Bill No. 55 at 11:18 a.m. 410 JOURNAL OF THE SENATE [April 14, 2015] [No. 32 The Secretary announced that the following bills and joint resolution were printed and filed on Thursday, March 26, and are available at the Michigan Legislature website: Senate Bill Nos. 235 236 237 238 House Bill Nos. 4388 4389 4390 4391 4392 4393 4394 4395 4396 4397 4398 4399 4400 4401 4402 4403 House Joint Resolution M The Secretary announced that the following bills and joint resolution were printed and filed on Friday, March 27, and are available at the Michigan Legislature website: Senate Bill Nos. 239 240 241 242 243 244 245 246 247 248 249 House Bill Nos. 4404 4405 4406 4407 4408 4409 4410 4411 4412 4413 4414 4415 4416 4417 House Joint Resolution N Messages from the Governor The following messages from the Governor were received: Date: April 1, 2015 Time: 8:48 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 137 (Public Act No. 8), being An act to amend 2012 PA 101, entitled “An act to create an autism coverage reimbursement program to encourage insurance and health coverage providers to provide autism coverage; to impose certain duties on certain state departments, agencies, and officials; to create certain funds; to authorize certain expenditures; and to provide for an appropriation,” by amending section 8 (MCL 550.1838), as added by 2014 PA 401. (Filed with the Secretary of State on April 1, 2015, at 4:22 p.m.) Date: April 1, 2015 Time: 8:50 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 138 (Public Act No. 9), being An act to amend 1989 PA 196, entitled “An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim’s rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim’s rights services; and to prescribe the powers and duties of certain state and local agencies and departments,” by amending section 4 (MCL 780.904), as amended by 2014 PA 299. (Filed with the Secretary of State on April 1, 2015, at 4:24 p.m.) Date: April 9, 2015 Time: 9:14 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 42 (Public Act No. 11), being An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the No. 32] [April 14, 2015] JOURNAL OF THE SENATE 411 state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 7a, 18b, 25, 43a, 67a, 212, 259, 306, 307, 309, 310d, 310e, 312e, 312f, 319, 319b, 324, 625a, 732, 803b, and 904 (MCL 257.7a, 257.18b, 257.25, 257.43a, 257.67a, 257.212, 257.259, 257.306, 257.307, 257.309, 257.310d, 257.310e, 257.312e, 257.312f, 257.319, 257.319b, 257.324, 257.625a, 257.732, 257.803b, and 257.904), sections 7a and 212 as amended by 2002 PA 534, section 18b as added and section 67a as amended by 1988 PA 346, section 43a as added and section 625a as amended by 2014 PA 315, section 306 as amended by 2014 PA 120, section 307 as amended by 2012 PA 55, section 309 as amended by 2012 PA 355, section 310d as amended by 2004 PA 62, section 310e as amended by 2011 PA 124, sec­ tions 312e and 803b as amended by 2011 PA 159, section 312f as amended by 2012 PA 473, section 319 as amended by 2012 PA 306, section 319b as amended by 2012 PA 498, section 324 as amended by 2006 PA 298, section 732 as amended by 2012 PA 592, and section 904 as amended by 2008 PA 461, and by adding section 306a. (Filed with the Secretary of State on April 9, 2015, at 10:49 a.m.) Respectfully, Rick Snyder Governor The following message from the Governor was received on April 7, 2015, and read: EXECUTIVE ORDER No. 2015-11 Governor’s Talent Investment Board Michigan Talent Investment Agency Rescission of Executive Order 2011-13 WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor unless otherwise provided by the Constitution; and WHEREAS, the development of workforce talent in concurrence with the demands of Michigan’s economy is essential to the economic prosperity and well-being of the people of Michigan; and WHEREAS, strategies for regional economic prosperity throughout Michigan have a consistent focus on strategic develop­ ment and retention of workforce talent; and WHEREAS, Executive Order 2011-13 established the Governor’s Talent Investment Board within the Workforce Develop­ ment Agency as the state workforce investment board required under Section 111 of the federal Workforce Investment Act of 1998, 29 USC 2821; and WHEREAS, the Workforce Innovation and Opportunity Act of 2014, Public Law 113-128, 29 USCS § 3101 et seq., supersedes the Workforce Investment Act of 1998 and establishes new requirements for state workforce investment boards, including alignment with regional economic strategies; and WHEREAS, Executive Order 2014-12 created the Michigan Talent Investment Agency as an independent and autonomous agency within the Michigan Department of Talent and Economic Development in order to enhance workforce talent and economic development efforts within this state, consistent with the legislative intent of the Workforce Innovation and Opportunity Act of 2014; and WHEREAS, the Workforce Development Agency was transferred to the Michigan Talent Investment Agency under Executive Order 2014-12; NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by the virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I.  GOVERNOR’S TALENT INVESTMENT BOARD A. The Governor’s Talent Investment Board is created as an advisory body within the Michigan Talent Investment Agency. B. The Governor’s Talent Investment Board is the state workforce investment board required for this state under Section 101 of the Workforce Innovation and Opportunity Act of 2014, Public Law 113-128, or any other Act that amends or repeals the Workforce Innovation and Opportunity Act, so long as the composition, duties, and responsibilities of the Board align with the successor Act. C. Executive Order 2011-13 is rescinded. 412 JOURNAL OF THE SENATE [April 14, 2015] [No. 32 II.  COMPOSITION AND TERMS OF THE GOVERNOR’S TALENT INVESTMENT BOARD A. The Governor’s Talent Investment Board shall consist of not less than the following: 1. The Governor; 2. A member of the Michigan House of Representatives, appointed by the Speaker of the House of Representatives. A member appointed under this subsection shall only serve while serving as a member of the Michigan House of Representatives; 3. A member of the Michigan Senate, appointed by the Majority Leader of the Michigan Senate. A member appointed under this subsection shall serve only while serving as a member of the Michigan Senate; 4. Members appointed by the Governor, consisting of the following: a. A majority of the board shall be representatives of businesses in Michigan, who – i. Are owners of businesses, chief executives or operating officers of businesses, or other business executives or employers with optimum policymaking or hiring authority, and who, in addition, may be members of a local workforce develop­ment board established by the Michigan One-Stop Service Center System Act of 2006, Mich. Comp. Laws § 408.111-123, or its successor; ii. Represent businesses or organizations representing businesses that provide employment opportunities that include emerging and in-demand occupations in Michigan; iii. Are individuals nominated by business organizations and business trade associations in Michigan; b. A minimum of two (2) representatives of individuals who are elected chief executive officers of a city or a county; c. Not less than 20 percent of the board shall be representatives of the workforce within Michigan, who – i. Shall include representatives of labor organizations, who have been nominated by labor federations in Michigan; ii. Shall include a representative of a labor organization or a training director, from a joint labor-management apprenticeship program, or if no such joint program exists in Michigan, such a representative of an apprenticeship program in Michigan; iii. May include representatives of community-based organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of individuals with barriers to employment, including organiza­ tions that serve veterans or that provide or support competitive, integrated employment for individuals with disabilities; iv. May include representatives of organizations that have demonstrated experience and expertise in addressing the employment, training, or education needs of eligible youth, including representatives of organizations that serve out-of-school youth; and d. The lead state official(s) with primary responsibility for the administration of core programs as defined by Sec­ tion 3(12)-(13) of the Workforce Innovation and Opportunity Act of 2014, Public Law 113-128. B. Of the members initially appointed after the effective date of this Order, pursuant to Section II.4.a.-c., seven (7) mem­bers shall be appointed for a term of two years, seven (7) members shall be appointed for a term of three years, and six (6) members shall be appointed for a term of four years. C. All subsequent appointments shall be for a term of three years. A vacancy on the board shall be filled in the same manner as the original appointment. Board members may be reappointed to serve multiple terms. D. The Governor shall designate a chairperson and vice-chairperson for the Governor’s Talent Investment Board from among those members described in Section II.A.4.a.i.-iii., who both shall serve at the pleasure of the Governor. E. The Governor may send a designee to any meeting of the Governor’s Talent Investment Board and that designee’s attendance shall constitute attendance by the Governor for quorum purposes. A person attending a Board meeting as a designee of the Governor is authorized to vote on behalf of the Governor. F. In addition to the aforementioned members, the state department directors listed below shall serve in an ex-officio capacity on the board. They shall be non-voting members and their participation shall not count for the purpose of establishing a quorum. 1. Director of the Department of Agriculture and Rural Development; 2. Director of the Department of Health and Human Services; 3. Director of the Department of Licensing and Regulatory Affairs; 4. Director of the Talent Investment Agency; and 5. The Superintendent of Public Instruction. G. In accordance with regional diversity requirements for state workforce development boards under Section 101(b)(2) of the Workforce Innovation and Opportunity Act of 2014, Public Law 113-128, the Governor shall consult with representatives of each of Michigan’s ten prosperity regions as part of the process of making appointments to the Governor’s Talent Investment Board. III.  DUTIES AND OPERATIONS OF THE GOVERNOR’S TALENT INVESTMENT BOARD A. The Governor’s Talent Investment Board is an advisory body charged with advising and assisting the Governor regarding compliance with the Workforce Innovation and Opportunity Act of 2014, Public Law 113-128, 29 USCS § 3101 et seq. B. The Board may promulgate bylaws, not inconsistent with federal law, Michigan law, or this Order, governing its organization, operation, and procedures. C. Michigan Talent Investment Agency personnel shall staff and assist the Board in performing its functions. No. 32] [April 14, 2015] JOURNAL OF THE SENATE 413 D. The Board shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Board. Meetings of the board shall be held within the state of Michigan. E. A majority of the members of the Board constitutes a quorum for the transaction of business. The Board’s actions shall be constituted by a majority vote of serving members participating in a meeting only when a quorum is present. To the extent authorized by Michigan law, the Board may authorize members to participate in a Board meeting by the use of telephonic or video equipment. A member participating in a meeting via telephonic or video equipment shall be deemed present at the meeting. Voting shall be conducted in person or by the use of telephonic or video equipment. F. The Board may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. G. Members of the Board shall serve without compensation. Members of the Board may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Civil Service Commission and the Department of Technology, Management and Budget, subject to available appropriations. H. As required under Section 101(f) of the Workforce Innovation and Opportunity Act of 2014, Public Law 113-128, 29 USCS § 3101 et seq., a member of the Board may not do any of the following: 1. Vote on a matter under consideration by the Board: a. Regarding the provision of services by the member or by an entity that the member represents; or b. That would provide direct financial benefit to the member or the immediate family of the member; or 2. Engage in any other activity determined by the Governor to constitute a conflict of interest as specified in the unified state plan required by Section 102 of the Workforce Innovation and Opportunity Act of 2014, Public Law 113-128, 29 USCS § 3101 et seq. I. To assure full compliance with the sunshine requirements under Section 101(g) of the Workforce Innovation and Opportunity Act of 2014, Public Law 113-128, 29 USCS § 3101 et seq., meetings of the Board shall be held according to procedures established under the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275. J. To assure full compliance with the sunshine requirements under Section 101(g) of the Workforce Innovation and Opportunity Act of 2014, Public Law 113-128, 29 USCS § 3101 et seq., the Board is a public body under the Freedom of Information Act, 1976 PA 442, MCL 15.231 to 15.246, and shall comply with provisions of the Act. K. Members of the board shall refer all legal, legislative, and media contacts to the Michigan Talent Investment Agency. IV. MISCELLANEOUS A. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected by this Order shall not abate by reason of the taking effect of this Order. Any suit, action, or other proceeding may be maintained by, against, or before any appropriate successor of an entity affected by this order. B. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order. This Order shall become effective April 15, 2015. Given under my hand and the Great Seal of the state of [SEAL] Michigan this 7th day of April, in the Year of our Lord, Two Thousand Fifteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. The following messages from the Governor were received and read: March 25, 2015 I respectfully submit to the Senate the following appointments to office: Chair - Criminal Justice Policy Commission Bruce E. Caswell of 8940 East Bacon Road, Hillsdale, Michigan 49242, county of Hillsdale, is appointed for a term expiring at the pleasure of the Governor. riminal Justice Policy Commission C Bruce E. Caswell of 8940 East Bacon Road, Hillsdale, Michigan 49242, county of Hillsdale, representing the general public, is appointed for a term expiring March 1, 2019. Raymond P. Voet of 101 West Main Street, Ionia, Michigan 48846, county of Ionia, representing district court judges, is appointed for a term expiring March 1, 2019. 414 JOURNAL OF THE SENATE [April 14, 2015] [No. 32 Paul Stutesman of 17251 Mackinaw Street, Three Rivers, Michigan 49093, county of Saint Joseph, representing circuit court judges, is appointed for a term expiring March 1, 2018. Stacia J. Buchanan of 6710 Seka Drive, Lansing, Michigan 48911, county of Ingham, representing criminal defense attorneys, is appointed for a term expiring March 1, 2019. Dale J. Hilson of 1068 Dykstra Court, Muskegon, Michigan 49445, county of Muskegon, representing prosecuting attorneys, is appointed for a term expiring March 1, 2017. Lawrence A. Stelma of 14601 Cedar Springs Avenue, Cedar Springs, Michigan 49319, county of Kent, representing county sheriffs, is appointed for a term expiring March 1, 2017. Sheryl M. Pimlott-Kubiak of 870 West Maple, Milford, Michigan 48381, county of Oakland, representing the Michigan Coalition to End Domestic and Sexual Violence, is appointed for a term expiring March 1, 2018. Sarah Lightner of 9915 N. Parma Road, Springport, Michigan 49284, county of Jackson, representing the Michigan Association of Counties, is appointed for a term expiring March 1, 2018. Kyle D. Kaminski of 3209 Gingersnap Lane, Lansing, Michigan 48911, county of Ingham, representing the Michigan Department of Corrections, is appointed for a term expiring March 1, 2019. Barbara Levine of 9685 Looking Glass Brook Drive, Grand Ledge, Michigan 48837, county of Clinton, representing advocates of alternatives to incarceration, is appointed for a term expiring March 1, 2017. Jennifer Strange of 1136 Clinch Street, Traverse City, Michigan 49686, county of Grand Traverse, representing mental health professionals, is appointed for a term expiring March 1, 2018. Andrew G. Verheek of 825 Walsh Street, S.E., Grand Rapids, Michigan 49507, county of Kent, representing the Michigan Association of Community Corrections Advisory Boards, is appointed for a term expiring March 1, 2017. March 25, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Indigent Defense Commission Kevin M. Oeffner of 8688 Glen View Drive, Howell, Michigan 48843, county of Livingston, representing members submitted by the Supreme Court Justice, succeeding himself, is reappointed for a term expiring April 1, 2019. Henry D. Schuringa of 5282 Fawn Creek Drive, Grandville, Michigan 49418, county of Kent, representing the general public, succeeding himself, is reappointed for a term expiring April 1, 2019. Jon C. Campbell of 1369 Elm Street, Otsego, Michigan 49078, county of Allegan, representing local units of govern­ ment, succeeding himself, is reappointed for a term expiring April 1, 2019. March 26, 2015 I respectfully submit to the Senate the following appointments to office: Chair - Governor’s Council on Physical Fitness, Health and Sports Peaches D. McCahill of 110 Mercer, S.E., Grand Rapids, Michigan 49506, county of Kent, succeeding herself, is reappointed for a term expiring at the pleausure of the Governor. onorary Co-Chair - Governor’s Council on Physical Fitness, Health and Sports H Jim Hackett of 1000 South State Street, Ann Arbor, Michigan 48109, county of Washtenaw, is appointed for a term expiring at the pleasure of the Governor. overnor’s Council on Physical Fitness, Health and Sports G Peaches D. McCahill of 110 Mercer, S.E., Grand Rapids, Michigan 49506, county of Kent, succeeding herself, is reappointed for a term expiring April 30, 2017. Tori Sager of 2823 Westview Drive, Marquette, Michigan 49855, county of Marquette, succeeding Bryan Dixon, is appointed for a term expiring April 30, 2017. Florine Mark of 31550 Franklin Fairway, Farmington Hills, Michigan 48334, county of Oakland, succeeding herself, is reappointed for a term expiring April 30, 2017 Doreen E. Bolhuis of 613 Lakeside Drive, S.E., Grand Rapids, Michigan 49506, county of Kent, succeeding herself, is reappointed for a term expiring April 30, 2017. Michelle L. Phillipich of 107 1/2 E. Grand River Avenue, Lansing, Michigan 48906, county of Ingham, succeeding herself, is reappointed for a term expiring April 30, 2017. Nolan Moody of 531 Second Street, Ann Arbor, Michigan 48103, county of Washtenaw, succeeding himself, is reappointed for a term expiring April 30, 2017. March 26, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Economic Development Corporation Executive Committee Christina MacInnes of 4751 Arbutus Lane, Beulah, Michigan 49617, county of Benzie, representing the private sector, succeeding Mary Lou Benecke, is appointed for a term expiring April 5, 2023. No. 32] [April 14, 2015] JOURNAL OF THE SENATE 415 Fritz A Erickson of 1440 Center Street, Marquette, Michigan 49855, county of Marquette, representing the private sector, succeeding Marilyn Schlack, is appointed for a term expiring April 5, 2023. Lizabeth A. Ardisana of 5954 Pontiac Trail, Orchard Lake, Michigan 48323, county of Oakland, representing the private sector, succeeding herself, is reappointed for a term expiring April 5, 2023. Robert S. Collier of 710 Cardinal Drive, S.E., Grand Rapids, Michigan 49506, county of Kent, representing the private sector, succeeding himself, is reappointed for a term expiring April 5, 2023. David J. Noel of 2704 Austin Trail, Saint Joseph, Michigan 49085, county of Berrien, representing the private sector, succeeding himself, is reappointed for a term expiring April 5, 2023. March 27, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Judges Retirement Board Mark T. Boonstra of 6131 140th Avenue, Holland, Michigan 49423, county of Allegan, representing the general public, succeeding himself, is reappointed for a term expiring March 31, 2019. John Axe of 481 Kercheval Avenue, Grosse Pointe Farms, Michigan 48236, county of Wayne, representing the general public, succeeding himself, is reappointed for a term expiring March 31, 2019. March 27, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Municipal Services Authority Executive Committee Alan G. Vanderberg of 1033 Luce Street, S.W., Grand Rapids, Michigan 49534, county of Ottawa, representing local public agencies, succeeding Robert Daddow, is appointed for a term expiring September 17, 2016. Doug J. Smith of 874 Helston Street, Bloomfield Hills, Michigan 48034, county of Oakland, succeeding Alan G. Vanderberg, is appointed for a term expiring September 17, 2017. ichigan Municipal Services Authority M Alan G. Vanderberg of 1033 Luce Street, S.W., Grand Rapids, Michigan 49534, county of Ottawa, succeeding Robert Daddow, is appointed for a term expiring at the pleasure of the Governor. Doug J. Smith of 874 Helston Street, Bloomfield Hills, Michigan 48034, county of Oakland, succeeding Alan G. Vanderberg, is appointed for a term expiring at the pleasure of the Governor. March 27, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Public School Employees Retirement System Board Timothy A. Raymer of 4144 Bulrush Drive, N.W., Grand Rapids, Michigan 49534, county of Kent, representing members who retired from a finance or operations management position and a member of the largest organizations of retirees, succeeding Charles Thomas, is appointed for a term expiring March 30, 2019. March 31, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Council for Arts and Cultural Affairs Michael F. Kasper of 95823 Wildwood Drive, Dowagiac, Michigan 49047, county of Van Buren, succeeding Maud Lyon, is appointed for a term expiring September 1, 2015. Carol R. Snapp of 2436 Alta Vista Avenue, Kalamazoo, Michigan 49008, county of Kalamazoo, succeeding Sharnita Johnson, is appointed for a term expiring September 1, 2016. Lillian G. Demas of 6229 Christopher Court, Bruce Township, Michigan 48065, county of Macomb, succeeding Robert LoFiego, is appointed for a term expiring September 1, 2017. March 31, 2015 I respectfully submit to the Senate the following appointments to office: Certificate of Need Commission Gail J. Clarkson of 1539 Lochridge Road, Bloomfield Hills, Michigan 48302, county of Oakland, representing Democrats and nursing homes, succeeding herself, is reappointed for a term expiring April 9, 2018. Luis A. Tomatis of 10 Campau Circle, Grand Rapids, Michigan 49503, county of Kent, representing Republicans and individuals licensed under Part 170 to engage in the practice of medicine, succeeding himself, is reappointed for a term expiring April 9, 2018. 416 JOURNAL OF THE SENATE [April 14, 2015] [No. 32 March 31, 2015 I respectfully submit to the Senate the following appointment to office: State Officers Compensation Commission Paul F. Welday of 26725 Holly Hill Road, Farmington Hills, Michigan 48334, county of Oakland, a Republican, succeeding William J. Martin, is appointed for a term expiring January 1, 2018. April 1, 2015 I respectfully submit to the Senate the following appointments to office: State Historical Records Advisory Board James K. Cameron of 210 Detroit Street, Saline, Michigan 48176, county of Washtenaw, succeeding Frank Boles, is appointed for a term expiring December 31, 2015. Cynthia A. Ghering of 1767 Dennison Road, East Lansing, Michigan 48823, county of Ingham, succeeding Patrice Merritt, is appointed for a term expiring December 31, 2016. April 2, 2015 I respectfully submit to the Senate the following appointments to office: State Board of Professional Surveyors Ronald C. Brand of 533 Greenfield Drive, Gaylord, Michigan 49735, county of Otsego, representing professional surveyors, succeeding himself, is reappointed for a term expiring March 31, 2019. Kenneth R. Van Tine of 21109 Gill Road, Farmington Hills, Michigan 48167, county of Oakland, representing architects, succeeding himself, is reappointed for a term expiring March 31, 2019. April 2, 2015 I respectfully submit to the Senate the following appointments to office: Public Safety Communications Interoperability Board Michelle T. LaJoye-Young of 8950 Kalamazoo Avenue, S.E., Caledonia, Michigan 49316, county of Kent, representing local emergency first responders, succeeding herself, is reappointed for a term expiring April 30, 2019. Julie L. Secontine of 220 Grosvenor Road, Rochester Hills, Michigan 48307, county of Oakland, representing local emergency first responders, succeeding herself, is reappointed for a term expiring April 30, 2019. Dale R. Gribler of 69536 51st Street, Lawrence, Michigan 49064, county of Van Buren, representing local emergency first responders, succeeding himself, is reappointed for a term expiring April 30, 2019. April 3, 2015 I respectfully submit to the Senate the following appointments to office: State Board of Architects Troy R. Naperala of 638 East Orchard Drive, Traverse City, Michigan 49686, county of Grand Traverse, representing licensed professional engineers, succeeding himself, is reappointed for a term expiring March 31, 2019. Kenneth R. Van Tine of 21109 Gill Road, Farmington Hills, Michigan 48167, county of Oakland, representing architects, succeeding himself, is reappointed for a term expiring March 31, 2019. April 3, 2015 I respectfully submit to the Senate the following appointment to office: State Board of Professional Engineers Troy R. Naperala of 638 East Orchard Drive, Traverse City, Michigan 49686, county of Grand Traverse, representing professional engineers, succeeding himself, is reappointed for a term expiring March 31, 2019. April 6, 2015 I respectfully submit to the Senate the following appointments to office: Correctional Officers’ Training Council Robert Davis, Jr., of 901 Sapphire Way, Saginaw, Michigan 48603, county of Saginaw, representing the general public, succeeding William Perricone, is appointed for a term expiring March 29, 2018. Steven P. Rand of 3880 Kimmel Road, Horton, Michigan 49246, county of Jackson, representing the general public, succeeding Charles Falahee, is appointed for a term expiring March 29, 2018. Francine M. Wresinski of 2586 Sanibel Hollow, Holt, Michigan 48842, county of Ingham, representing the Michigan Department of Technology, Management, and Budget, succeeding herself, is reappointed for a term expiring March 29, 2018. Cynthia S. Allen of 9900 McDonald Road, Parma, Michigan 49269, county of Jackson, representing the academic community, succeeding herself, is reappointed for a term expiring March 29, 2018. No. 32] [April 14, 2015] JOURNAL OF THE SENATE 417 April 6, 2015 I respectfully submit to the Senate the following appointment to office: Residential Builders’ and Maintenance and Alteration Contractors’ Board Gregory R. Powell of 428 Anchors Way, St. Joseph, Michigan 49085, county of Berrien, representing licensed residential builders, succeeding himself, is reappointed for a term expiring March 31, 2019. April 7, 2015 I respectfully submit to the Senate the following appointment: Director - Michigan Department of Health and Human Services Nicolas L. Lyon of 72 Country Hills, Marshall, Michigan 49068, county of Calhoun, is appointed for a term commencing April 10, 2015, and expiring at the pleasure of the Governor. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. The following message from the Governor was received and read: April 9, 2015 ue to an error on the letter dated October 10, 2014, and filed with your office on October 14, 2014, please be advised D of the following corrections appearing in bold print: Michigan Council for Arts and Cultural Affairs Christian E. Gaines of 535 Fountain Street, N.E., Grand Rapids, Michigan 49503, county of Kent, succeeding himself, is reappointed for a term expiring September 1, 2017. Aaron P. Dworkin of 3651 Barton Farm Drive, Ann Arbor, Michigan 48105, county of Washtenaw, succeeding himself, is reappointed for a term expiring September 1, 2017. Elizabeth K. Ahrens of 5200 West Lake Road, Harbor Springs, Michigan 49740, county of Emmet, succeeding herself, is reappointed for a term expiring September 1, 2017. Andrew S. Buchholz of 823 Washington Street, Traverse City, Michigan 48686, county of Grand Traverse, succeeding himself, is reappointed for a term expiring September 1, 2017. Sincerely, Rick Snyder Governor The message was referred to the Committee on Government Operations. Senators Warren and Schuitmaker entered the Senate Chamber. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator O’Brien introduced Senate Bill No. 250, entitled A bill to amend 2014 PA 138, entitled “Workforce opportunity wage act,” by amending section 4b (MCL 408.414b). The bill was read a first and second time by title and referred to the Committee on Commerce. Senators Proos and Jones introduced Senate Bill No. 251, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 11 of chapter XIIA (MCL 712A.11), as amended by 1996 PA 409, and by adding section 2f to chapter XIIA. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Hertel, Warren, Gregory, Ananich, Knezek, Smith and Bieda introduced Senate Bill No. 252, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending sections 17 and 29 (MCL 421.17 and 421.29), section 17 as amended by 2011 PA 269 and section 29 as amended by 2013 PA 146, and by adding section 29a. The bill was read a first and second time by title and referred to the Committee on Commerce. 418 JOURNAL OF THE SENATE [April 14, 2015] [No. 32 Senators Bieda, Gregory, Warren, Schuitmaker, Ananich, Knezek, Hertel and Smith introduced Senate Bill No. 253, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 1035. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Bieda, Gregory, Warren, Schuitmaker, Ananich, Knezek, Hertel and Smith introduced Senate Bill No. 254, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 227 and 316 (MCL 600.227 and 600.316). The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Warren, Gregory, Ananich, Knezek, Hertel, Smith and Bieda introduced Senate Bill No. 255, entitled A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,” by amending the title and section 502 (MCL 37.2502), the title as amended by 1992 PA 258 and section 502 as amended by 1992 PA 124. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Ananich, Warren, Gregory, Knezek, Hertel, Smith and Bieda introduced Senate Bill No. 256, entitled A bill to require employers to permit use of sick leave to address issues arising from sexual assault, domestic violence, or stalking. The bill was read a first and second time by title and referred to the Committee on Commerce. Senators Emmons, Warren, Gregory, Schuitmaker, Proos, Ananich, Knezek, Hertel, Smith and Bieda introduced Senate Bill No. 257, entitled A bill to create the address confidentiality program; to provide certain protections for victims of domestic abuse, sexual assault, stalking, or human trafficking; and to prescribe duties and responsibilities of certain state departments and agencies. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Warren, Gregory, Ananich, Knezek, Hertel, Smith and Bieda introduced Senate Bill No. 258, entitled A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending section 3 (MCL 722.23), as amended by 1993 PA 259. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senators Hertel, Young, Marleau, Knezek, Smith, Bieda, Gregory, Jones and Shirkey introduced Senate Bill No. 259, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1177 (MCL 380.1177), as amended by 2013 PA 121. The bill was read a first and second time by title and referred to the Committee on Education. Senators Hertel, Young, Marleau, Knezek, Smith, Bieda, Gregory, Jones and Shirkey introduced Senate Bill No. 260, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 167 (MCL 388.1767), as amended by 2013 PA 122. The bill was read a first and second time by title and referred to the Committee on Education. Senators Hertel, Young, Marleau, Knezek, Smith, Bieda, Gregory, Jones and Shirkey introduced Senate Bill No. 261, entitled A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; No. 32] [April 14, 2015] JOURNAL OF THE SENATE 419 to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” (MCL 722.111 to 722.128) by adding section 3h. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senators Hopgood, Knezek, Gregory, Smith, Hertel, Bieda, Young, Warren, Johnson, Hood and Ananich introduced Senate Bill No. 262, entitled A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending sections 9, 10, and 15 (MCL 423.209, 423.210, and 423.215), as amended by 2014 PA 414. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Hopgood, Knezek, Gregory, Smith, Hertel, Bieda, Young, Warren, Johnson, Hood and Ananich introduced Senate Bill No. 263, entitled A bill to amend 1939 PA 176, entitled “An act to create a commission relative to labor disputes, and to prescribe its powers and duties; to provide for the mediation and arbitration of labor disputes, and the holding of elections thereon; to regulate the conduct of parties to labor disputes and to require the parties to follow certain procedures; to regulate and limit the right to strike and picket; to protect the rights and privileges of employees, including the right to organize and engage in lawful concerted activities; to protect the rights and privileges of employers; to make certain acts unlawful; and to prescribe means of enforcement and penalties for violations of this act,” by amending sections 1, 2, 8, 14, 17, and 22 (MCL 423.1, 423.2, 423.8, 423.14, 423.17, and 423.22), as amended by 2012 PA 348. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senator Schmidt introduced Senate Bill No. 264, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811hh. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 4017, entitled A bill to amend 2000 PA 92, entitled “Food law,” (MCL 289.1101 to 289.8111) by amending the title and by adding section 5104. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Agriculture. House Bill No. 4041, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 57b (MCL 400.57b), as amended by 2011 PA 131. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. House Bill No. 4060, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” (MCL 388.1601 to 388.1896) by adding section 275b. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. House Bill No. 4134, entitled A bill to amend 1965 PA 290, entitled “Boiler act of 1965,” by amending sections 2 and 13d (MCL 408.752 and 408.763d), as amended by 2013 PA 167. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. 420 JOURNAL OF THE SENATE [April 14, 2015] [No. 32 House Bill No. 4193, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 328 (MCL 257.328), as amended by 2004 PA 52. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Insurance. House Bill No. 4224, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 240 and 438 (MCL 500.240 and 500.438), section 240 as amended by 2000 PA 252 and section 438 as amended by 1994 PA 227. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Insurance. Senators Meekhof and Brandenburg entered the Senate Chamber. By unanimous consent the Senate returned to the order of Resolutions he question was placed on the adoption of the following resolution consent calendar: T Senate Resolution No. 35 The resolution consent calendar was adopted. Senators Schmidt, Zorn, Proos, O’Brien, Knollenberg, Booher, Marleau, Rocca, Schuitmaker, Emmons, Horn and Hansen offered the following resolution: Senate Resolution No. 35. A resolution to commemorate the 200th Anniversary of the ending of the War of 1812. Whereas, The War of 1812 was a defining event in the history and development of Michigan; and Whereas, From June 1812 to July 1815, the Michigan Territory was on the front line of a conflict between the United States, Great Britain, and Native American tribes of the region; and Whereas, The first land engagement of the War of 1812 on United States soil was the successful attack and capture of Fort Mackinac, Mackinac Island, by British and Native American forces on July 17, 1812. Two months later, Fort Detroit fell to British troops as well. While American troops retook Detroit in 1813, they failed to recapture Fort Mackinac, as they were defeated during the Battle of Mackinac Island on August 4, 1814. British troops also scored a decisive victory in the battle of Frenchtown (Monroe) in 1813; and Whereas, The peace of Christmas Eve, the Treaty of Ghent ending the War of 1812 was signed in Belgium on December 24, 1814. The British government approved the document on December 27, 1814. After gaining the approval of the Senate and ratification by President Madison, the Treaty of Ghent took effect on February 16, 1815, marking the legal end of the War of 1812. The treaty mandated a postwar definition of the border between the United States and Canada, a task that was completed in the 1820s; and Whereas, Rumors of peace reached Detroit by late February. However, official notification did not arrive until mid‑March. Detroiters then planned a Grand Pacification Ball immediately following the end of Lent. On March 29, 1815, Detroiters gathered at Ben Woodworth’s Hotel to celebrate the end of the War of 1812. On March 28, 2015, the Michigan Com­ mission on the Commemoration of the Bicentennial of the War of 1812, along with the Detroit Historical Society, will host a commemorative Grand Pacification Ball to celebrate the end of the war; and Whereas, The final transfer of Michigan Territory to the United States occurred on July 18, 1815, when United States troops peacefully reoccupied Fort Mackinac. On July 18, 2015, the Mackinac Island State Park Commission will com­ memorate the bicentennial anniversary of this event with special programs at Fort Mackinac and the dedication of the Mackinac Island Peace Garden, which honors 200 years of peace between the United States and Canada, along the longest unguarded border in the world; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate the 200th Anniversary of the ending of the War of 1812. Senators Bieda, Hertel and Pavlov were named co‑sponsors of the resolution. enators Schuitmaker, Proos, Ananich, Knezek, Smith and Bieda offered the following resolution: S Senate Resolution No. 34. A resolution to urge Michigan institutions of higher learning to improve policies, training, and victims services regarding cases of sexual assault and stalking. No. 32] [April 14, 2015] JOURNAL OF THE SENATE 421 Whereas, College-age women are four times more likely than any other age group to face sexual assault. It is estimated that 1 in 5 women are targets of sexual assault during the course of their college career; and Whereas, There are many barriers to reporting sexual assault, including inadequate university policies, causing the problem to remain hidden on campuses around the country. Fewer than 5 percent of actual or attempted sexual assaults are reported to campus authorities or law enforcement; and Whereas, Schools should adopt best practices to address sexual assault and improve the campus climate. Best practices include programs for awareness, bystander intervention, risk reduction, how to report incidents, victims rights and options, establishment of a campus resource team to review policies, and possible oversight by a state governmental entity; and Whereas, Many of these practices are required under federal law. Title IX of 1972 requires colleges and universities receiving federal funding to fight gender-based violence and harassment, and respond to victims needs in order to provide all students equal access to education. It requires procedures for students to file complaints and the appointment of a Title IX coordinator to oversee this and other equity issues. Under the federal Violence Against Women Act, a 2013 amendment to the 1990 Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, higher education institutions must report domestic violence, dating violence, and stalking incidents, along with sexual assaults, on campus, publicize prevention and response policies, and provide victims with clear options and support; and Whereas, Many colleges and universities are under federal investigation for possible violations of antidiscrimination laws in their handling of sexual violence reports; and Whereas, There is no greater priority for institutions of higher learning than the safety of their students, faculty, and staff. Educational equity for women and girls requires fair, responsive, fully-developed campus sexual assault policies, knowledgeable administrators, and, ultimately, an end to sexual violence on campuses; now, therefore, be it Resolved by the Senate, That we urge Michigan institutions of higher learning to: • Update policies and training regarding cases of sexual assault and stalking and mandate reporting requirements. • Provide victims of stalking and sexual assault with written information regarding the victim’s rights and options under the institution’s sexual assault policy, as well as establish access for victims to free and confidential counseling and advocacy services, either on or off campus. • Establish campus resource teams to review their policies for sexual assault cases and recommend improvements. • Establish training requirements regarding the handling of sexual assault cases for the institution’s Title IX coordinator and special police force, campus police force, or campus safety personnel and local or state police who respond to campus incidents. ; and be it further Resolved, That copies of this resolution be transmitted to the Presidents Council, State Universities of Michigan, and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Education. The motion prevailed. Senators Booher, Hansen, Hertel, Jones, Marleau, Nofs, O’Brien and Pavlov were named co‑sponsors of the resolution. enate Concurrent Resolution No. 10. S A concurrent resolution prescribing the legislative schedule. (For text of resolution, see Senate Journal No. 30, p. 369.) The House of Representatives has adopted the concurrent resolution. The concurrent resolution was referred to the Secretary for record. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 18, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 2120a. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. 422 JOURNAL OF THE SENATE [April 14, 2015] [No. 32 Senate Bill No. 19, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2014 PA 535. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Third Reading of Bills Senator Kowall moved that the following bill be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 191 The motion prevailed. The following bill was read a third time: Senate Bill No. 191, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1f of chapter IX (MCL 769.1f), as amended by 2012 PA 331. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 76 Yeas—36 Ananich Hansen Knezek Proos Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Rocca Brandenburg Hood MacGregor Schmidt Casperson Hopgood Marleau Schuitmaker Colbeck Horn Meekhof Stamas Emmons Hune Nofs Warren Green Johnson O’Brien Young Gregory Jones Pavlov Zorn Nays—1 Shirkey Excused—1 Smith Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. No. 32] [April 14, 2015] JOURNAL OF THE SENATE 423 By unanimous consent the Senate proceeded to the order of Statements Senators Proos, Young, Hood, Warren and Colbeck asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Proos’ statement is as follows: I come before the Senate today under Statements with an usual circumstance for me but one that I think each of us should take a moment to pay respects to one of our former colleagues, who most of us in this chamber spent a great deal of time with in serving the communities that we serve. Representative Neal Nitz passed away yesterday. That may be a surprise to some of you. He had been struggling with some health issues of late. As a community member in Berrien County, he was a longtime member of the county com­ mission as well as a colleague of ours in the Michigan State House of Representatives. It’s obviously a very sad time for his family, and we’ve all stopped here today on the Senate floor, staff and colleagues, to remember a good friend and a great advocate for agriculture. I don’t think I need to remind you of not only his dry sense of humor, but his laser-beam focus on what was important in agricultural policy in Michigan. He served in many different capacities that you may not even be aware of. It wasn’t just as a State Representative or a county commissioner. He was a charter member of the Baroda Lions Club and a former president of the Berrien Farm Bureau. He served on the Area Agency on Aging, Brownfield Redevelopment Authority, the Economic Development Corporation, the Loan Administration Board, the Southwestern Michigan Planning Commission, and the Berrien County Library Board, just to name a few of the leadership positions he had over many decades in Southwest Michigan. Neal was a good friend to many of us. We all remember him well during those long days, as my colleague, Sena­ tor Schuitmaker, recounted in statements made at his passing. During the days we were together on the House floor— twenty-one straight days, many of those overnight together—lots of laughs were had. Neal always kept his down-to-earth, commonsense Southwest Michigan values at the center of what was most important, and that was the people whom he served in southwest Berrien County and Cass County in the Michigan House Representatives. He will certainly be missed by me. He will be missed by the members of his community. Obviously, his family feels a great loss. So join my family and I in remembering Neal in your prayers. May God welcome him home. A moment of silence was observed in memory of former State Representative Neal Nitz. enator Young’s statement is as follows: S Mr. President, I would like to have a moment of silence for Stoni Blair and Stephen Berry. Those were the two children whose bodies were cut up and put in a freezer in the city of Detroit. I think what happened was tragic, and there’s no real way to explain why anyone would take a child’s life. I like to believe in the verse in the Bible that says, “The thief might come to kill, steal, and destroy, but I come so that we can have life more abundantly.” I think that it is from these deaths and from that adversity that we would be able to feel abundance. A moment of silence was observed in memory of Detroit residents Stoni Blair and Stephen Berry. enator Hood’s statement is as follows: S I hate to come with another bearing of bad news, but on March 30th, we lost another former colleague of ours, Jim Plakas. A former State Representative, Jim Plakas served in many capacities. He served 19 years in Garden City as a councilman, mayor, and mayor pro tem. Of course, he was also a member of the House of Representatives. He retired after 40 years of service to Ford Motor Company before moving into those positions. Jim was a very, very good friend of mine, and for those of you who served with him, you know that he always had a bit of wit with him, but always was strong in his convictions. Along with Representative Nitz and the children whom Sena­ tor Young just spoke about, we stand and we honor these folks. We honor Plakas, Nitz, and the two young individuals. At the end, I will request a moment of silence for Representative Plakas, but we must remember that tomorrow is not promised. We see this as we come before you today, and we talk about four lives that have been lost, two of them very early and two of them probably early too. But we don’t know what tomorrow will bring. As we’ve had our two weeks to spend time with our families, we come back to work, and we just have to remember what life is really all about. It’s about helping others and doing what God wants us to do. We say our prayer here every day. We pray to God here every day for His guidance, for His help, for His direction, and to do His will. Not all of us, but some of us have experienced death that has been close to us. It’s not an easy thing to deal with. So as we lay our heads down tonight and say our prayers, please pray for those we’ve lost. Please pray for their families, and pray for each other. That’s all we have—each other. A moment of silence was observed in memory of former State Representative Jim Plakas. 424 JOURNAL OF THE SENATE [April 14, 2015] [No. 32 enator Warren’s statement is as follows: S Over my dead body. Over my dead body. How many times have we heard it said emphatically to make a point. Over my dead body. A recent study just published shows that at the current rate that the gap between men and women’s pay in this state is closing, it will take until 2086 for women in this state to make the same that men do for doing the same work, with the same education, with comparable skills, and overseeing the same staff. They make 77 cents on the dollar that men make. I can guarantee you, despite my youthful appearance and despite the advances in modern medicine, that will be over my dead body. We can’t wait that long. We’ve got work to do. This is a call to action. There are bills being introduced again this session that we could take action on that would take the steps necessary to make sure that men and women in this state are paid equal for an equal day’s work. We put on your desks today, in addition to the cookie that you saw from my good colleague from Monroe County, a Pay Equity Day cookie. Many of you have seen these before. They’re meant to represent the importance of this day, which is the day in 2015 that women have to work to make the equal salary that their male colleagues made as of December 31 last year. This is the 77 percent cookie. I can guarantee you that the intern whose job it was to take a bite out of every one of these cookies before we put them into bags and put them on your desks thought that was the best job he’d had all year. I’m just kidding; we do them with a cookie cutter. They’re very sanitary. But it’s just a reminder that every day that women pay their mortgages and buy their groceries and pay for gas and buy clothes and food for their children, they’re doing it on 25 percent less of a salary than men make. Whether they are single heads of households or they’re dual-earners in a family, 25 percent less for your mortgage, 25 percent less for your food, for your electricity, and for your gas matters. It’s something that we can do right here in this chamber to make it better. I encourage my colleagues to think about pay equity, to co‑sponsor the bills that myself and my good colleagues have on this side of the aisle today, and to do something so we don’t have to wait until 2086 to have equal pay for men and women in this state. It doesn’t have to be over my dead body. enator Colbeck’s statement is as follows: S What makes America great? In 1831, a gentleman by the name of Alexis de Tocqueville visited the United States of America. Mr. de Tocqueville was a French jurist, which we would call a researcher today. America was well into her fifth decade of existence and still a bit of a curiosity to the nations of Europe. When compared to the nations of Europe, we had a very unique culture and system of government, what he would later coin as “exceptional.” Upon his return to his native country of France, he wrote the definitive account of American culture and our system of government called Democracy in America. In this firsthand account of life in America, he observed, “On my arrival in the United States the religious aspect of the country was the first thing that struck my attention; and the longer I stayed there, the more I perceived the great political consequences resulting from this new state of things.” He further elaborated, “Religion in America takes no direct part in the government of society, but it must be regarded as the first of their political institutions. I do not know whether all Americans have a sincere faith in their religion, for who can know the human heart? But I am certain that they hold it to be indispensable to the maintenance of republican institutions. This opinion is not peculiar to a class of citizens or to a party, but it belongs to the whole nation and to every rank of society.” In Europe, the exact opposite was happening. Religion and liberty were enemies of each other. He observed, “The philosophers of the eighteenth century explained in a very simple manner the gradual decay of religious faith. Religious zeal, said they, must necessarily fail the more generally liberty is established and knowledge diffused. Unfortunately, the facts by no means accord with their theory. There are certain populations in Europe whose unbelief is only equaled by their ignorance and debasement; while in America, one of the freest and most enlightened nations in the world, the people fulfill with fervor all the outward duties of religion.” On the subject of education in America, de Tocqueville observed the following: “In New England every citizen receives the elementary notions of human knowledge, he is taught, moreover, the doctrines and evidences of his religion, the history of his country, and the leading features of its Constitution. In the state of Connecticut and Massachusetts, it is extremely rare to find a man imperfectly acquainted with all these things, and a person wholly ignorant of them is a sort of phenomenon.” He went on to say, “The Americans combine the notions of Christianity and of liberty so intimately in their minds that it is impossible to make them conceive the one without the other.” He summed up his finding with the following famous remarks: “I sought for greatness and genius of America in her commodious harbors and her ample rivers, and it was not there; in her fertile fields and boundless prairies, and it was not there; in her rich mines and her vast world commerce, and it was not there. Not until I went to the churches of America and heard her pulpits aflame with righteousness did I understand the secret of her genius and power. America is great because she is good and if America ever ceases to be good, America will cease to be great.” My friends, since Mr. de Tocqueville made these observations about a prosperous and free America that was the envy of the world, America has been gradually replacing the wisdom of our forefathers with the failed philosophies of those 18th century European philosophers. The results are predictable. No. 32] [April 14, 2015] JOURNAL OF THE SENATE 425 Where are the citizenry equipped with “the doctrines and evidences of his religion, the history of his country, and the leading feature of its Constitution?” Regrettably, they are now the phenomenon whereas the exact opposite was once true. Where is the zeal of pulpits “aflame with righteousness” today? Most are cringing under the fear of losing their 501(c)(3) status. My fellow Americans, religion and government are not enemies. Our First Amendment guarantees the freedom of religion, not the freedom from religion. Until we stop the attack on religious liberty in America, America will not be good. And, as de Tocqueville wisely observes, if we cease to be good, we will cease to be great. Committee Reports he Committee on Transportation reported T Senate Resolution No. 26. A resolution to urge the Federal Aviation Administration to reconsider new policies that would prohibit offset loading of sea-land containers by the U.S. air cargo industry. (For text of resolution, see Senate Journal No. 28, p. 344.) With the recommendation that the resolution be adopted. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The resolution was placed on the order of Resolutions. The Committee on Transportation reported Senate Bill No. 99, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 89a. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill was referred to the Committee of the Whole. The Committee on Transportation reported Senate Bill No. 196, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 217c, 217f, 248c, and 252a (MCL 257.217c, 257.217f, 257.248c, and 257.252a), section 217c as amended by 2002 PA 642, sections 217f and 248c as amended by 1993 PA 300, and section 252a as amended by 2008 PA 539. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, March 26, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood 426 JOURNAL OF THE SENATE [April 14, 2015] [No. 32 The Committee on Families, Seniors and Human Services reported Senate Bill No. 64, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20155, 21703, and 21734 (MCL 333.20155, 333.21703, and 333.21734), section 20155 as amended by 2012 PA 322 and section 21734 as added by 2000 PA 437. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported Senate Bill No. 65, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20109, 21703, and 21715 (MCL 333.20109, 333.21703, and 333.21715), section 20109 as amended by 1996 PA 224. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported Senate Bill No. 66, entitled A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending section 102 (MCL 450.4102), as amended by 2012 PA 568. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported Senate Bill No. 67, entitled A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 109 (MCL 450.1109), as amended by 2012 PA 569. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Families, Seniors and Human Services submitted the following: T Meeting held on Wednesday, March 25, 2015, at 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Emmons (C), Pavlov, Jones, Casperson and Johnson No. 32] [April 14, 2015] JOURNAL OF THE SENATE 427 COMMITTEE ATTENDANCE REPORT he Committee on Economic Development submitted the following: T Meeting held on Thursday, March 26, 2015, at 1:30 p.m., Room 210, Farnum Building Present: Senators Horn (C), Schmidt, Stamas and Bieda Excused: Senators Brandenburg, Emmons and Smith COMMITTEE ATTENDANCE REPORT he Subcommittee on Human Services submitted the following: T Meeting held on Thursday, March 26, 2015, at 2:00 p.m., Room 100, Farnum Building Present: Senators MacGregor (C), Proos and Gregory Scheduled Meetings Appropriations - Wednesday, April 15, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1801) Commerce - Wednesday, April 15, 8:30 a.m., Room 210, Farnum Building (373-5312) Elections and Government Reform - Thursday, April 16, 9:00 a.m., Rooms 402 and 403, Capitol Building (373-1721) Energy and Technology - Thursday, April 16, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Insurance - Wednesday, April 15, 12:30 p.m., Room 100, Farnum Building (373-5312) Michigan Law Revision Commission - Wednesday, May 13, 11:30 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212) Natural Resources and Outdoor Recreation and Tourism - Wednesday, April 15, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5314) Outdoor Recreation and Tourism and Natural Resources - Wednesday, April 15, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5314) State Drug Treatment Court Advisory Committee - Tuesday, April 21, 10:00 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212) Veterans, Military Affairs and Homeland Security - Thursday, April 16, 2:00 p.m., Room 110, Farnum Building (373‑5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:45 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, April 15, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 428 No. 33 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, April 15, 2015. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—excused Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 430 JOURNAL OF THE SENATE [April 15, 2015] [No. 33 astor David Grant of Escanaba Church of Christ of Escanaba offered the following invocation: P Our Father, who art in heaven, God of compassion and mercy, slow to anger and abounding in love and faithfulness, lover of all people of the earth: There is no God like You in all of heaven or earth below. You keep Your covenant of love to all who walk before You in wholehearted devotion. Hollowed be Thy name. We come to You today in gratitude for all that You have blessed us with as citizens of this free country—for our homes, our families, and our great state of Michigan. We come to You today in humility, asking You to remind us that all nations are subject to You, and all governments are but a shadow of a passing age. Authorities are meant to be Your servants, to do good to people and be Your care, and to ensure justice for those who have been wronged. But we all, including our leaders, will stand before Your judgment seat, O God, and as surely as You live, every knee will bow and every tongue confess and give praise to You. Thy kingdom come on earth. We seek Your guidance today as an assembled body of leaders for the people of Michigan. Endow us with the wisdom that comes through the gifts of prayerful thought and thoughtful prayer. May we discern what is right and do it. Thy will be done on earth, as it is in heaven. Help us to have a heart that seeks to protect and provide for those who are hungry or homeless; those who have no family to protect them. May we aspire to true religion that is acceptable to You; to care for orphans and widows in their distress and flee corruption. Give us this day our daily bread. May we seek to honor You in the manner in which we conduct the business of the people we serve and protect. Help us to desire mutual edification that leads to peace and helps to engage in discussion in a way that is not divisive, but that which seeks the common good. Forgive us our trespasses, as we forgive those who trespass against us. Let us seek reconciliation. Let us not delight in victory, but in doing what is right. Lead us not into temptation. Lord, we pray that Your presence be among all Your children. Be present to those who are suffering and those who are causing that suffering. Be present in the lives of the oppressed and the lives of the oppressors. Be present to the leaders of all nations and especially to the citizens of the United States of America. Bless the people of this great state with a real sense of Your presence. Deliver us from evil. Father, may we act justly, love mercy, and walk humbly with You forever, O God; for Yours is the kingdom and the power and the glory forever and ever. In the name of Jesus, we pray. Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Hune and Hopgood entered the Senate Chamber. enator Kowall moved that Senator Meekhof be temporarily excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Zorn and Lieutenant Governor Calley admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Johnson be excused from today’s session. S The motion prevailed. Senator Zorn asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Zorn’s statement is as follows: I am honored to introduce to my esteemed colleagues this year’s Miss Michigan, KT Maviglia of Dundee. KT is here today to kick off support for legislation that seeks to provide children up the age of 21 with hearing devices through their health insurance coverage. As a little background, KT was diagnosed with hearing loss at the age of nine, after years of learning difficulties. Her platform for Miss Michigan and for the Miss America contest is “Listen Up: Advocating for those with hearing disabilities,” No. 33] [April 15, 2015] JOURNAL OF THE SENATE 431 especially for children. Hearing loss is one of the most frequently occurring birth defects in the United States. It is estimated that 30 out of every 1,000 school-age children struggle with hearing loss that affects the education of our children and can last a lifetime. Even mild hearing loss can cause a student to miss as much as 50 percent of classroom discussion and instruction. Hearing loss in children is oftentimes confused with learning disabilities. Early intervention can help children achieve academic success and reach their lifetime goals. I understand the concerns of bearing this cost, but, I submit, not to act is a cost much higher to society. Research shows that early intervention will allow a child to maximize their language and speech and will provide a lifetime savings to our society of $1 million per person. The cost of a hearing device should never be a factor in a child’s education. It is the hope and prayer of KT, as well as myself, that this legislation will open new doors of success in the classroom that will help our youth reach their dreams and full potential. After session today, please stop by and say hello to our Miss Michigan, KT Maviglia. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:09 a.m. 11:06 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senators Young and Meekhof entered the Senate Chamber. By unanimous consent the Senate proceeded to the order of Resolutions enate Concurrent Resolution No. 5. S A concurrent resolution to request the United States Congress to enact legislation and the U.S. Department of Health and Human Services to promulgate rules that would promote the opportunity for consumers to choose Direct Primary Care Services as an integral part of their health care plan. The question being on the adoption of the concurrent resolution, The concurrent resolution was adopted. Senator Colbeck asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Colbeck’s statement is as follows: As we all know, we passed some pretty important legislation for us to pursue a free market health care system in the state of Michigan with the passage of Public Act No. 522 of 2014 around Direct Primary Care Services. This resolution simply addresses what we need the federal government to do in order to expand the opportunities here in the state of Michigan to deploy this business model, improve health care delivery for our constituents, and make health care more affordable for them. It highlights that we would like the federal government to open up the usage of Direct Primary Care Services for Medicaid and Medicare, remove restrictions on its use and payment out of a health savings account, and require that they specify in the legislation—the Affordable Care Act—the terms of Direct Primary Care Service agreements. I encourage support from my colleagues. Passage of this will help send a message out to the federal government that the best approach to going off and fixing our health care system and providing better value for our citizens is to let the free market work. enate Resolution No. 26. S A resolution to urge the Federal Aviation Administration to reconsider new policies that would prohibit offset loading of sea-land containers by the U.S. air cargo industry. The question being on the adoption of the resolution, The resolution was adopted. 432 JOURNAL OF THE SENATE [April 15, 2015] [No. 33 Senator Kowall asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Kowall’s statement is as follows: For over four decades, the air cargo industry has safely loaded sea-land containers along the sides of aircrafts, utilizing the aircraft designed restraint system as an efficient and cost-effective means of transporting these containers. The International Air Transport Association has incorporated this loading method into its latest standards. However, on December 1, 2014, the FAA published a Notice of Proposed Rulemaking. This would expressly prohibit the offset loading of sea-land containers by only the U.S. cargo industry. The economic impact of this industry is significant. These containers transport more than $900 billion in goods annually and are particularly important for transporting goods to places where access to road, rail, or port is difficult. These containers transport goods that are military-related, such as supplies shipped by military contractors and destined to U.S. troops overseas. I would encourage all of my colleagues to vote for this resolution. Introduction and Referral of Bills Senators Hansen, Nofs, Booher, Marleau and Proos introduced Senate Bill No. 265, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 12542 (MCL 333.12542). The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. Senator Hansen introduced Senate Bill No. 266, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 705 (MCL 380.705), as amended by 2003 PA 299. The bill was read a first and second time by title and referred to the Committee on Education. Senator Hansen introduced Senate Bill No. 267, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2012 PA 226. The bill was read a first and second time by title and referred to the Committee on Transportation. Senator Booher introduced Senate Bill No. 268, entitled A bill to amend 1981 PA 118, entitled “An act to regulate motor vehicle manufacturers, distributors, wholesalers, dealers, and their representatives; to regulate dealings between manufacturers and distributors or wholesalers and their dealers; to regulate dealings between manufacturers, distributors, wholesalers, dealers, and consumers; to prohibit unfair practices; to provide remedies and penalties; and to repeal certain acts and parts of acts,” by amending section 14 (MCL 445.1574), as amended by 2014 PA 354. The bill was read a first and second time by title and referred to the Committee on Economic Development. Senators Young, Warren, Hertel, Hopgood and Knezek introduced Senate Bill No. 269, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 556 (MCL 750.556). The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Jones, Schuitmaker, Horn and Hopgood introduced Senate Bill No. 270, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” (MCL 700.1101 to 700.8206) by adding sections 5301b and 5402a. The bill was read a first and second time by title and referred to the Committee on Judiciary. No. 33] [April 15, 2015] JOURNAL OF THE SENATE 433 By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Hildenbrand as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 169, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1278e. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 170, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1278d. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 221, entitled A bill to provide for the reciprocal exchange of distance education between this state and other states or a higher education compact; to prescribe the powers and duties of certain state agencies and officials; to provide for collection of fees; to designate the state agency for negotiating distance education agreements; to establish a complaint process for students enrolled in distance education programs at participating colleges and universities; to establish an authorization and approval process for out-of-state distance education providers and participating colleges and universities in this state; and to provide penalties. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 232, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 2 (MCL 205.92), as amended by 2013 PA 234. Substitute (S-1). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 6, line 14, after “year” by striking out the balance of the sub-subparagraph and inserting a period. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 233, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1 (MCL 205.51), as amended by 2013 PA 160. Substitute (S-1). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 5, line 13, after “year” by striking out the balance of the sub-subparagraph and inserting a period. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. 434 JOURNAL OF THE SENATE [April 15, 2015] [No. 33 Statements Senators Warren and Colbeck asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Warren’s statement is as follows: Today is April 15, and that means today is Tax Day. All across the country and all across Michigan, last-minute filers are getting ready their paperwork and perhaps their payments to get them to us on time. I have been thinking a lot today about what that means for people across our state. Now, of course, a common joke up here might be that, as the liberal from Ann Arbor, I have never met a tax hike I did not like, and it is true. Over my last eight years in this Capitol, I have supported a number of efforts to raise revenue for the programs and public services that are essential to maintaining a high quality of life throughout our state. We need strong schools, good infrastructure, and quality local services, but the reality is that someone has to pay for it. Right now, that someone is increasingly our working poor and our middle-class families. In fact, according to a recent report by the Institute on Taxation and Economic Policy, the lowest 20 percent of our wage earners pay 9.2 percent of their income toward state and local taxes, while the top 1 percent pay just 5.1 percent. Now that might not sound like such a grave disparity at first, but to give some context as to how these groups are defined: The lowest 20 percent are those making less than $17,000 a year, while the top 1 percent are those making over $392,000 a year. So, here in our state, a single mother trying to make ends meet working one or two minimum wage jobs and making less than $17,000 annually will pay taxes today at a rate almost twice what a CEO making $392,000 or more pays. I don’t care how you want to spin it, that’s just plain wrong. In all honesty, values of fairness aside, it’s just not working. As we all know, we are about to grapple with a significant budget deficit for the upcoming fiscal year, due in large part to promises made to corporations in the past and a $1.7 billion tax cut that we passed almost four years ago. We simply cannot make up that difference on the backs of our working families. They don’t have it to give, and frankly, they shouldn’t have to. That’s why earlier this year, I reintroduced a joint resolution to amend the Constitution to implement a graduated income tax in Michigan. It is just one step towards correcting this injustice, but a critically important one. So, as we come back from break and begin to make decisions for the next year, I hope you will consider this legislation and other measures that work to both balance our tax system in a better way and, ultimately, to preserve the programs and services that make our state a great place to live. Let’s make Michigan a state where everyone pays their fair share. enator Colbeck’s statement is as follows: S Yes, it is Tax Day, and for me it kind of harkens back to my orientation that I went through as a freshman legislator four years ago. We went through the legislative leadership programs that went through all the major issues that were facing us and would be facing us as a Legislature, and I am pleased to say that I met a lot of good friends during that program. One of the constant themes of that program was that every issue that we were facing demanded some sort of a tax increase to go off and fix it, and you know, here we are. Everyone has filled out their tax forms, and hopefully, has an appreciation of this. We are paying a lot in our taxes right now, and there is very little motivation to look at the other side of the ledger and look at how you reduce and rein in expenses. That’s what happens out in the private sector. That’s what happens out in our homes. We actually look at ways to streamline our expenses. When I first switched over here and worked in the Legislature, my wife and I had to get rid of cable TV to meet the expenses every single day. We were in debt from our campaign run. Sometimes you have to make those tough choices. I just want to express an appreciation, especially in context of the upcoming election that we have. There are people who are already talking about that if this ballot proposal goes down that the only way to fix our roads is to increase taxes. I am here to say that there are many ways to fix the roads that don’t involve raising our taxes one percentage point. It is about time that we had an adult conversation about the expense side of the ledger and not simply focus all the discussions on the revenue side. That is all we seem to talk about. Please join me, colleagues. Let’s start looking at the other side of the ledger. I know that there are a lot more line items over there than there is on the revenue. It’s a lot easier to get your arms around the revenue side, but it is important for our people to stop pinching their pockets and actually start pinching the government’s pockets and try to find more effective ways of using the money that we already put into the system. Committee Reports COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, April 14, 2015, at 8:30 a.m., Room 110, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek No. 33] [April 15, 2015] JOURNAL OF THE SENATE 435 COMMITTEE ATTENDANCE REPORT he Committee on Banking and Financial Institutions submitted the following: T Meeting held on Tuesday, April 14, 2015, at 2:30 p.m., Room 100, Farnum Building Present: Senators Booher (C), O’Brien, Nofs, Zorn, MacGregor, Rocca and Hertel Excused: Senator Smith COMMITTEE ATTENDANCE REPORT he Committee on Commerce submitted the following: T Meeting held on Wednesday, April 15, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Schmidt (C), Kowall, MacGregor, Nofs and Hertel Scheduled Meetings Elections and Government Reform - Thursday, April 16, 9:00 a.m., Rooms 402 and 403, Capitol Building (373-1721) Energy and Technology - Thursday, April 16, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Michigan Law Revision Commission - Wednesday, May 13, 11:30 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212) State Drug Treatment Court Advisory Committee - Tuesday, April 21, 10:00 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212) Veterans, Military Affairs and Homeland Security - Thursday, April 16, 2:00 p.m., Room 110, Farnum Building (373‑5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:31 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, April 16, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 436 No. 34 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, April 16, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 438 JOURNAL OF THE SENATE [April 16, 2015] [No. 34 enator Joseph R. Hune of the 22nd District offered the following invocation: S Heavenly Father, please watch and guide us as we make decisions on behalf of our citizens. In Your name, we pray. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Nofs and Shirkey entered the Senate Chamber. enator Kowall moved that Senator Casperson be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. Senator Casperson entered the Senate Chamber. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:05 a.m. 11:28 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senator Young entered the Senate Chamber. The following communication was received and read: Office of the Auditor General April 14, 2015 nclosed is a copy of the following audit report: E Performance audit report on Driver and Vehicle Related Systems, Department of State and Department of Technology, Management, and Budget. Sincerely, Doug Ringler Auditor General The audit report was referred to the Committee on Government Operations. The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, April 15: House Bill Nos. 4195 4196 4245 4365 The Secretary announced that the following bills and joint resolution were printed and filed on Wednesday, April 15, and are available at the Michigan Legislature website: Senate Bill Nos. 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 House Bill Nos. 4418 4419 4420 4421 4422 4423 4424 4425 4426 4427 4428 4429 4430 4431 4432 4433 4434 4435 4436 4437 4438 4439 4440 4441 4442 4443 4444 4445 4446 4447 House Joint Resolution O No. 34] [April 16, 2015] JOURNAL OF THE SENATE 439 Messages from the Governor The following messages from the Governor were received: Date: April 14, 2015 Time: 4:29 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 53 (Public Act No. 16), being An act to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 5b, and 5o (MCL 28.421, 28.425b, and 28.425o), as amended by 2015 PA 3. (Filed with the Secretary of State on April 14, 2015, at 5:02 p.m.) Date: April 14, 2015 Time: 4:40 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 54 (Public Act No. 12), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 40112 and 48703a (MCL 324.40112 and 324.48703a), section 40112 as amended by 1996 PA 316 and section 48703a as amended by 2014 PA 281. (Filed with the Secretary of State on April 14, 2015, at 4:54 p.m.) Date: April 14, 2015 Time: 4:42 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 55 (Public Act No. 13), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appro­ priations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sec­tion 40111c (MCL 324.40111c), as added by 2008 PA 301. (Filed with the Secretary of State on April 14, 2015, at 4:56 p.m.) Respectfully, Rick Snyder Governor By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Knezek as Chairperson. 440 JOURNAL OF THE SENATE [April 16, 2015] [No. 34 After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 99, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 89a. Senate Bill No. 196, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 217c, 217f, 248c, and 252a (MCL 257.217c, 257.217f, 257.248c, and 257.252a), section 217c as amended by 2002 PA 642, sections 217f and 248c as amended by 1993 PA 300, and section 252a as amended by 2008 PA 539. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 64, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20155, 21703, and 21734 (MCL 333.20155, 333.21703, and 333.21734), section 20155 as amended by 2012 PA 322 and section 21734 as added by 2000 PA 437. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 65, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20109, 21703, and 21715 (MCL 333.20109, 333.21703, and 333.21715), section 20109 as amended by 1996 PA 224. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 66, entitled A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending section 102 (MCL 450.4102), as amended by 2012 PA 568. Substitute (S-1). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 5, line 15, after “BY” by striking out “AN” and inserting “A DENTIST,”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 67, entitled A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 109 (MCL 450.1109), as amended by 2012 PA 569. Substitute (S-1). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 1, line 6, after “BY” by striking out “AN” and inserting “A DENTIST,”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 160, entitled A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 36a (MCL 117.36a), as amended by 2011 PA 143. No. 34] [April 16, 2015] JOURNAL OF THE SENATE 441 The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage: Senate Bill No. 99 The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 169 Senate Bill No. 170 Senate Bill No. 221 Senate Bill No. 232 Senate Bill No. 233 Senate Bill No. 99 The motion prevailed. The following bill was read a third time: Senate Bill No. 169, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1278e. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 77 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. 442 JOURNAL OF THE SENATE [April 16, 2015] [No. 34 The following bill was read a third time: Senate Bill No. 170, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1278d. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 78 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 221, entitled A bill to provide for the reciprocal exchange of distance education between this state and other states or a higher education compact; to prescribe the powers and duties of certain state agencies and officials; to provide for collection of fees; to designate the state agency for negotiating distance education agreements; to establish a complaint process for students enrolled in distance education programs at participating colleges and universities; to establish an authorization and approval process for out-of-state distance education providers and participating colleges and universities in this state; to provide penalties; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 79 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg No. 34] [April 16, 2015] JOURNAL OF THE SENATE 443 Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 232, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 2 (MCL 205.92), as amended by 2013 PA 234. The question being on the passage of the bill, Senator Knezek offered the following amendment: 1. Amend page 9, following line 2, by inserting: “Enacting section 2. The legislature will appropriate sufficient funds from the general fund to the state school aid fund to fully compensate for any loss of revenue to the state school aid fund resulting from the enactment of this legislation.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 80 Yeas—13 Ananich Hood Jones Smith Bieda Hopgood Knezek Warren Gregory Johnson Rocca Young Hertel Nays—25 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Knollenberg O’Brien Shirkey Emmons Kowall Pavlov Stamas Green MacGregor Proos Zorn Hansen Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: 444 JOURNAL OF THE SENATE [April 16, 2015] Roll Call No. 81 [No. 34 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—1 Stamas Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 233, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1 (MCL 205.51), as amended by 2013 PA 160. The question being on the passage of the bill, Senator Knezek offered the following amendment: 1. Amend page 7, following line 5, by inserting: “Enacting section 2. The legislature will appropriate sufficient funds from the general fund to the state school aid fund to fully compensate for any loss of revenue to the state school aid fund resulting from the enactment of this legislation.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 82 Yeas—15 Ananich Hertel Jones Smith Bieda Hood Knezek Warren Green Hopgood Nofs Young Gregory Johnson Rocca Nays—23 Booher Hildenbrand Marleau Schmidt Brandenburg Horn Meekhof Schuitmaker No. 34] [April 16, 2015] JOURNAL OF THE SENATE Casperson Colbeck Emmons Hansen Hune O’Brien Shirkey Knollenberg Pavlov Stamas Kowall Proos Zorn MacGregor Robertson 445 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 83 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—1 Stamas Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 99, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 89a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 446 JOURNAL OF THE SENATE [April 16, 2015] Roll Call No. 84 [No. 34 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. Senator Nofs asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Nofs’ statement is as follows: Senate Bill No. 99 will designate a portion of Business Loop 94 in Battle Creek as the Detective LaVern S. Brann Memorial Highway in honor of the officer who was killed in the line of duty ten years ago next month. As a Battle Creek State Police post commander, I had the opportunity of working with Detective Brann on a number of occasions. I can tell all of you here that he was one of the good ones. He was kind, considerate, and professional, and we could go on and on. Detective Brann was well-respected and well-liked throughout this community. This would be a fitting tribute to a man who spent his career protecting the citizens of Battle Creek. So I ask that my colleagues support this bill. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills enators Bieda, Jones, Knollenberg, Smith, Kowall, Schuitmaker, Colbeck, Hertel and Hood introduced S Senate Joint Resolution J, entitled A joint resolution proposing an amendment to the state constitution of 1963, by amending section 19 of article VI, to remove the age limitation from eligibility criteria for judicial office. The joint resolution was read a first and second time by title and referred to the Committee on Judiciary. Senators Schmidt, Shirkey and Knollenberg introduced Senate Bill No. 271, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 1014. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. No. 34] [April 16, 2015] JOURNAL OF THE SENATE 447 Senators Warren, Knezek, Ananich, Hertel, Bieda, Gregory and Hopgood introduced Senate Bill No. 272, entitled A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the depart­ ment of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 13a (MCL 408.483a), as added by 1982 PA 524. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Warren, Ananich, Knezek, Hertel, Bieda, Gregory and Hopgood introduced Senate Bill No. 273, entitled A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,” by amending sections 102, 103, and 202 (MCL 37.2102, 37.2103, and 37.2202), section 102 as amended by 1992 PA 124, section 103 as amended by 1999 PA 202, and section 202 as amended by 2009 PA 190. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Jones, Robertson, Nofs and Hansen introduced Senate Bill No. 274, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 719 (MCL 257.719), as amended by 2012 PA 282. The bill was read a first and second time by title and referred to the Committee on Transportation. Senator Robertson introduced Senate Bill No. 275, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 17039 and 17539. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senator Robertson introduced Senate Bill No. 276, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 109 (MCL 400.109), as amended by 2012 PA 48. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators Hopgood, Gregory, Jones, Bieda, Young, Johnson, Hood and Kowall introduced Senate Bill No. 277, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11514 (MCL 324.11514), as amended by 2008 PA 394, and by adding section 11131. The bill was read a first and second time by title and referred to the Committee on Natural Resources. Senator Hildenbrand introduced Senate Bill No. 278, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” (MCL 259.1 to 259.208) by amending the title, as amended by 2002 PA 90, and by adding chapter VIIA. The bill was read a first and second time by title and referred to the Committee on Transportation. Senators Knollenberg, Shirkey, Jones, Hansen, Colbeck, Pavlov, Robertson, Schuitmaker, Marleau, Booher, Hildenbrand, Casperson, Proos, Hune and Emmons introduced Senate Bill No. 279, entitled A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 71 (MCL 38.1371), as amended by 1996 PA 268. The bill was read a first and second time by title and referred to the Committee on Appropriations. 448 JOURNAL OF THE SENATE [April 16, 2015] [No. 34 Senators Knollenberg, Shirkey, Hansen, Colbeck, Pavlov, Robertson, Schuitmaker, Marleau, Booher, Hildenbrand, Casperson, Proos, Hune and Emmons introduced Senate Bill No. 280, entitled A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agree­ments; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending section 10 (MCL 423.210), as amended by 2014 PA 414. The bill was read a first and second time by title and referred to the Committee on Commerce. Senators Schuitmaker and Jones introduced Senate Bill No. 281, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8322 (MCL 600.8322), as amended by 2005 PA 326. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4195, entitled A bill to amend 2003 PA 296, entitled “Michigan early stage venture investment act of 2003,” by amending sections 7, 9, 11, 15, 17, 19, 21, 23, and 27 (MCL 125.2237, 125.2239, 125.2241, 125.2245, 125.2247, 125.2249, 125.2251, 125.2253, and 125.2257), section 15 as amended by 2005 PA 102 and sections 17, 19, and 23 as amended by 2007 PA 173. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Economic Development. House Bill No. 4196, entitled A bill to amend 2003 PA 296, entitled “Michigan early stage venture investment act of 2003,” by amending section 31 (MCL 125.2261). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Economic Development. House Bill No. 4245, entitled A bill to amend 1986 PA 54, entitled “Building officials and inspectors registration act,” by amending sections 7, 9, and 12 (MCL 338.2307, 338.2309, and 338.2312), section 9 as amended by 2013 PA 150. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. House Bill No. 4365, entitled A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 419 (MCL 208.1419). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Economic Development. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 12:06 p.m. 1:07 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today: Senate Bill No. 248 Senate Bill No. 249 The motion prevailed, a majority of the members serving voting therefor. No. 34] [April 16, 2015] JOURNAL OF THE SENATE 449 By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Knezek as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill: Senate Bill No. 249, entitled A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 25a (MCL 552.625a), as amended by 2009 PA 193. The bill was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 248, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending the title and sections 3101, 3104, 3107, 3107a, 3114, 3135, 3157, 3163, 3301, 3310, 3330, 4501, and 6107 (MCL 500.3101, 500.3104, 500.3107, 500.3107a, 500.3114, 500.3135, 500.3157, 500.3163, 500.3301, 500.3310, 500.3330, 500.4501, and 500.6107), the title as amended by 2002 PA 304, section 3101 as amended by 2014 PA 492, section 3104 as amended by 2002 PA 662, section 3107 as amended by 2012 PA 542, section 3107a as amended by 1991 PA 191, section 3114 as amended by 2002 PA 38, section 3135 as amended by 2012 PA 158, section 3163 as amended by 2002 PA 697, section 3310 as amended by 2001 PA 228, section 3330 as amended by 2012 PA 204, section 4501 as amended by 2012 PA 39, and section 6107 as added by 1992 PA 174, and by adding section 3107c and chapter 63. Substitute (S-3). The following are the amendments to the substitute recommended by the Committee of the Whole: 1. Amend page 43, line 5, after “IN” by striking out “SUBSECTIONS (3) AND (4)” and inserting “THIS SECTION”. 2. Amend page 43, line 22, after “IN” by striking out “SUBSECTIONS (3) AND (4)” and inserting “THIS SECTION”. 3. Amend page 43, line 25, after “MEMBER” by striking out the balance of the line through “(A)” on line 26 and inserting a comma. 4. Amend page 44, line 1, by striking out all of subdivision (B). 5. Amend page 44, line 4, after “(4)” by inserting “OR (5)”. 6. Amend page 44, following line 11, by inserting: “(5) AN INJURED PERSON OR THE INJURED PERSON’S REPRESENTATIVE MAY REQUEST A MEDICAL REVIEW TO DETERMINE THE CARE AND TREATMENT REQUIREMENTS OF THE PATIENT. IF THE MEDICAL REVIEW DETERMINES THAT THE INJURED PERSON REQUIRES ATTENDANT CARE THAT EXCEEDS THE LIMITATIONS IN THIS SECTION TO PROVIDE ADEQUATE TREATMENT, THE ADDITIONAL CARE IS AN ALLOWABLE EXPENSE UNDER SECTION 3107(1)(A).”. 7. Amend page 49, line 27, after “3157.” by inserting “(1)”. 8. Amend page 50, line 8, after “insurance.” by striking out “AN INSURER OR A” and inserting: “(2) IF AN INSURER OR A CORPORATION FORMED UNDER 3104 DOES NOT AGREE WITH THE AMOUNT CHARGED UNDER SUBSECTION (1), THE PERSON OR INSTITUTION AND THE INSURER OR CORPORATION SHALL NEGOTIATE TO ATTEMPT TO AGREE ON A REASONABLE PAYMENT. IF THE PARTIES ARE UNABLE TO REACH AN AGREEMENT, THE INSURER OR”. 9. Amend page 50, line 10, after the first “THE” by inserting “AVERAGE”. 10. Amend page 54, line 1, after “AUTHORITY.” by inserting “A MEMBER OR SELF-INSURER THAT PAYS MONEY FOR THE COSTS AND ADMINISTRATION OF THE MICHIGAN AUTOMOBILE INSURANCE FRAUD AUTHORITY SHALL NOT PAY THE MONEY FROM PREMIUM REVENUE, BUT SHALL PAY THE MONEY FROM OTHER EARNINGS OR INVESTMENTS. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT TO THE CONTRARY, AN INSURER, THE DIRECTOR OR DEPARTMENT, OR ANY OTHER PERSON SHALL NOT INCLUDE OR CONSIDER THE PAYMENT OF MONEY AS DESCRIBED IN THIS SUBSECTION WITH RESPECT TO ESTABLISHING A RATE.”. 11. Amend page 57, line 10, after “MONEY.” by striking out the balance of the subsection and inserting “HOWEVER, THE AUTHORITY SHALL COMPLY WITH THE FREEDOM OF INFORMATION ACT, 1976 PA 442, MCL 15.231 TO 15.246, AS IF THE AUTHORITY WERE A PUBLIC BODY. A RECORD OR PORTION OF A RECORD, MATERIAL, DATA, OR OTHER INFORMATION RECEIVED, PREPARED, USED, OR RETAINED BY THE AUTHORITY IN CONNECTION WITH THE INVESTMENT OF ASSETS OR OF AN INSURER 450 JOURNAL OF THE SENATE [April 16, 2015] [No. 34 THAT RELATES TO FINANCIAL OR PROPRIETARY INFORMATION AND IS CONSIDERED BY THE PERSON OR INSURER PROVIDING THE AUTHORITY WITH THE RECORD, MATERIAL, DATA, OR INFORMATION AS CONFIDENTIAL AND ACKNOWLEDGED BY THE AUTHORITY AS CONFIDENTIAL IS NOT SUBJECT TO DISCLOSURE BY THE AUTHORITY. AS USED IN THIS SUBSECTION: (A) “FINANCIAL OR PROPRIETARY INFORMATION” MEANS INFORMATION THAT HAS NOT BEEN PUBLICLY DISSEMINATED OR THAT IS UNAVAILABLE FROM OTHER SOURCES, THE RELEASE OF WHICH MIGHT CAUSE THE PERSON PROVIDING THE INFORMATION TO THE AUTHORITY SIGNIFICANT COMPETITIVE HARM. FINANCIAL OR PROPRIETARY INFORMATION INCLUDES, BUT IS NOT LIMITED TO, FINANCIAL PERFORMANCE DATA AND PROJECTIONS, FINANCIAL STATEMENTS, AND PRODUCT AND MARKET DATA. (B) “PUBLIC BODY” MEANS THAT TERM AS DEFINED IN SECTION 2 OF THE FREEDOM OF INFORMATION ACT, 1976 PA 442, MCL 15.232.”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: Senate Bill No. 248 Senate Bill No. 249 The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 1:16 p.m. 1:24 p.m. The Senate was called to order by the President, Lieutenant Governor Calley. The following bill was read a third time: Senate Bill No. 248, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending the title and sections 2109, 3101, 3104, 3107, 3107a, 3114, 3135, 3157, 3163, 3301, 3330, and 4501 (MCL 500.2109, 500.3101, 500.3104, 500.3107, 500.3107a, 500.3114, 500.3135, 500.3157, 500.3163, 500.3301, 500.3330, and 500.4501), the title as amended by 2002 PA 304, section 3101 as amended by 2014 PA 492, section 3104 as amended by 2002 PA 662, section 3107 as amended by 2012 PA 542, section 3107a as amended by 1991 PA 191, section 3114 as amended by 2002 PA 38, section 3135 as amended by 2012 PA 158, section 3163 as amended by 2002 PA 697, section 3330 as amended by 2012 PA 204, and section 4501 as amended by 2012 PA 39, and by adding sections 3107c and 3178a. The question being on the passage of the bill, Senator Young offered the following amendment: 1. Amend page 52, following line 5, by inserting: “SEC. 3181. (1) BY DECEMBER 31, 2015, ANY INSURER ENGAGED IN WRITING INSURANCE COVERAGES THAT PROVIDE THE SECURITY REQUIRED BY SECTION 3101(1) SHALL FILE RATES FOR POLICIES ISSUED OR RENEWED AFTER DECEMBER 31, 2015 THAT RESULT IN A PER-VEHICLE REDUCTION IN THE ANNUAL PREMIUM OF AT LEAST 20% TO REFLECT THE SAVINGS EXPECTED AS A RESULT OF THE CHANGES MADE TO THIS ACT BY THE AMENDATORY ACT THAT ADDED THIS SECTION. THE REDUCTION UNDER THIS SUBSECTION SHALL BE FROM RATES IN EFFECT FOR THE INSURER ON THE DATE THAT THE AMENDATORY ACT THAT ADDED THIS SECTION IS ENACTED INTO LAW. (2) AN INSURER DESCRIBED IN SUBSECTION (1) SHALL NOT INCREASE THE RATES FOR COVERAGES PROVIDING PERSONAL PROTECTION INSURANCE BENEFITS BEFORE JANUARY 1, 2016. No. 34] [April 16, 2015] JOURNAL OF THE SENATE 451 (3) IF AN INSURER FAILS TO COMPLY WITH THIS SECTION, FOR THE FOLLOWING YEAR, THE INSURER SHALL NOT COMPENSATE ITS CHIEF EXECUTIVE OFFICER AT A WEEKLY RATE THAT EXCEEDS 5 TIMES THE STATE AVERAGE WEEKLY WAGE AS DETERMINED BY THE MICHIGAN EMPLOYMENT SECURITY COMMISSION UNDER SECTION 27 OF THE MICHIGAN EMPLOYMENT SECURITY ACT, 1936 (EX SESS) PA 1, MCL 421.27.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Kowall requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 85 Ananich Bieda Emmons Yeas—12 Gregory Hertel Hood Hopgood Rocca Johnson Warren Knezek Young Nays—26 Booher Horn Meekhof Schmidt Brandenburg Hune Nofs Schuitmaker Casperson Jones O’Brien Shirkey Colbeck Knollenberg Pavlov Smith Green Kowall Proos Stamas Hansen MacGregor Robertson Zorn Hildenbrand Marleau Excused—0 Not Voting—0 In The Chair: President Senator Young offered the following amendment: 1. Amend page 52, following line 5, by inserting: “SEC. 3181. (1) BY DECEMBER 31, 2015, ANY INSURER ENGAGED IN WRITING INSURANCE COVERAGES THAT PROVIDE THE SECURITY REQUIRED BY SECTION 3101(1) SHALL FILE RATES FOR POLICIES ISSUED OR RENEWED AFTER DECEMBER 31, 2015 THAT RESULT IN A PER-VEHICLE REDUCTION IN THE ANNUAL PREMIUM OF AT LEAST 40% TO REFLECT THE SAVINGS EXPECTED AS A RESULT OF THE CHANGES MADE TO THIS ACT BY THE AMENDATORY ACT THAT ADDED THIS SECTION. THE REDUCTION UNDER THIS SUBSECTION SHALL BE FROM RATES IN EFFECT FOR THE INSURER ON THE DATE THAT THE AMENDATORY ACT THAT ADDED THIS SECTION IS ENACTED INTO LAW. (2) AN INSURER DESCRIBED IN SUBSECTION (1) SHALL NOT INCREASE THE RATES FOR COVERAGES PROVIDING PERSONAL PROTECTION INSURANCE BENEFITS BEFORE JANUARY 1, 2016.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Kowall requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: 452 Roll Call No. 86 Ananich Bieda JOURNAL OF THE SENATE [April 16, 2015] [No. 34 Yeas—8 Gregory Hertel Hopgood Warren Knezek Young Nays—28 Booher Hildenbrand MacGregor Robertson Brandenburg Hood Marleau Rocca Casperson Horn Meekhof Schmidt Colbeck Hune Nofs Schuitmaker Emmons Jones O’Brien Smith Green Knollenberg Pavlov Stamas Hansen Kowall Proos Zorn Excused—0 Not Voting—2 Johnson Shirkey In The Chair: President Senator Young offered the following amendment: 1. Amend page 52, following line 5, by inserting: “SEC. 3181. (1) BY DECEMBER 31, 2015, ANY INSURER ENGAGED IN WRITING INSURANCE COVERAGES THAT PROVIDE THE SECURITY REQUIRED BY SECTION 3101(1) SHALL FILE RATES FOR POLICIES ISSUED OR RENEWED AFTER DECEMBER 31, 2015 THAT RESULT IN A PER-VEHICLE REDUCTION IN THE ANNUAL PREMIUM OF AT LEAST 30% TO REFLECT THE SAVINGS EXPECTED AS A RESULT OF THE CHANGES MADE TO THIS ACT BY THE AMENDATORY ACT THAT ADDED THIS SECTION. THE REDUCTION UNDER THIS SUBSECTION SHALL BE FROM RATES IN EFFECT FOR THE INSURER ON THE DATE THAT THE AMENDATORY ACT THAT ADDED THIS SECTION IS ENACTED INTO LAW. (2) AN INSURER DESCRIBED IN SUBSECTION (1) SHALL NOT INCREASE THE RATES FOR COVERAGES PROVIDING PERSONAL PROTECTION INSURANCE BENEFITS BEFORE JANUARY 1, 2016.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Kowall requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 87 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Rocca Nays—27 Booher Hildenbrand Marleau Schmidt Brandenburg Horn Meekhof Schuitmaker No. 34] [April 16, 2015] JOURNAL OF THE SENATE 453 Casperson Hune Nofs Shirkey Colbeck Jones O’Brien Smith Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Excused—0 Not Voting—0 In The Chair: President Senator Young offered the following amendment: 1. Amend page 52, following line 5, by inserting: “SEC. 3181. (1) BY DECEMBER 31, 2015, ANY INSURER ENGAGED IN WRITING INSURANCE COVERAGES THAT PROVIDE THE SECURITY REQUIRED BY SECTION 3101(1) SHALL FILE RATES FOR POLICIES ISSUED OR RENEWED AFTER DECEMBER 31, 2015 THAT RESULT IN A PER-VEHICLE REDUCTION IN THE ANNUAL PREMIUM OF AT LEAST 20% TO REFLECT THE SAVINGS EXPECTED AS A RESULT OF THE CHANGES MADE TO THIS ACT BY THE AMENDATORY ACT THAT ADDED THIS SECTION. THE REDUCTION UNDER THIS SUBSECTION SHALL BE FROM RATES IN EFFECT FOR THE INSURER ON THE DATE THAT THE AMENDATORY ACT THAT ADDED THIS SECTION IS ENACTED INTO LAW. (2) AN INSURER DESCRIBED IN SUBSECTION (1) SHALL NOT INCREASE THE RATES FOR COVERAGES PROVIDING PERSONAL PROTECTION INSURANCE BENEFITS BEFORE JANUARY 1, 2016.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Kowall requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 88 Yeas—13 Ananich Hertel Johnson Smith Bieda Hood Knezek Warren Emmons Hopgood Rocca Young Gregory Nays—25 Booher Horn Marleau Robertson Brandenburg Hune Meekhof Schmidt Casperson Jones Nofs Schuitmaker Colbeck Knollenberg O’Brien Shirkey Green Kowall Pavlov Stamas Hansen MacGregor Proos Zorn Hildenbrand Excused—0 454 JOURNAL OF THE SENATE [April 16, 2015] [No. 34 Not Voting—0 In The Chair: President Senator Young offered the following amendment: 1. Amend page 52, following line 5, by inserting: “SEC. 3181. (1) BY DECEMBER 31, 2015, ANY INSURER ENGAGED IN WRITING INSURANCE COVERAGES THAT PROVIDE THE SECURITY REQUIRED BY SECTION 3101(1) SHALL FILE RATES FOR POLICIES ISSUED OR RENEWED AFTER DECEMBER 31, 2015 THAT RESULT IN A PER-VEHICLE REDUCTION IN THE ANNUAL PREMIUM OF AT LEAST 10% TO REFLECT THE SAVINGS EXPECTED AS A RESULT OF THE CHANGES MADE TO THIS ACT BY THE AMENDATORY ACT THAT ADDED THIS SECTION. THE REDUCTION UNDER THIS SUBSECTION SHALL BE FROM RATES IN EFFECT FOR THE INSURER ON THE DATE THAT THE AMENDATORY ACT THAT ADDED THIS SECTION IS ENACTED INTO LAW. (2) AN INSURER DESCRIBED IN SUBSECTION (1) SHALL NOT INCREASE THE RATES FOR COVERAGES PROVIDING PERSONAL PROTECTION INSURANCE BENEFITS BEFORE JANUARY 1, 2016.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Kowall requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 89 Yeas—13 Ananich Hertel Johnson Smith Bieda Hood Knezek Warren Emmons Hopgood Rocca Young Gregory Nays—25 Booher Horn Marleau Robertson Brandenburg Hune Meekhof Schmidt Casperson Jones Nofs Schuitmaker Colbeck Knollenberg O’Brien Shirkey Green Kowall Pavlov Stamas Hansen MacGregor Proos Zorn Hildenbrand Excused—0 Not Voting—0 In The Chair: President Senator Young offered the following amendment: 1. Amend page 52, following line 5, by inserting: “SEC. 3181. (1) BY DECEMBER 31, 2015, ANY INSURER ENGAGED IN WRITING INSURANCE COVERAGES THAT PROVIDE THE SECURITY REQUIRED BY SECTION 3101(1) SHALL FILE RATES FOR POLICIES ISSUED OR RENEWED AFTER DECEMBER 31, 2015 THAT RESULT IN A PER-VEHICLE REDUCTION IN THE ANNUAL PREMIUM OF AT LEAST 5% TO REFLECT THE SAVINGS EXPECTED AS No. 34] [April 16, 2015] JOURNAL OF THE SENATE 455 A RESULT OF THE CHANGES MADE TO THIS ACT BY THE AMENDATORY ACT THAT ADDED THIS SECTION. THE REDUCTION UNDER THIS SUBSECTION SHALL BE FROM RATES IN EFFECT FOR THE INSURER ON THE DATE THAT THE AMENDATORY ACT THAT ADDED THIS SECTION IS ENACTED INTO LAW. (2) AN INSURER DESCRIBED IN SUBSECTION (1) SHALL NOT INCREASE THE RATES FOR COVERAGES PROVIDING PERSONAL PROTECTION INSURANCE BENEFITS BEFORE JANUARY 1, 2016.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Kowall requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 90 Yeas—17 Ananich Hansen Johnson Schuitmaker Bieda Hertel Knezek Smith Emmons Hood Nofs Warren Green Hopgood Rocca Young Gregory Nays—21 Booher Hune Marleau Robertson Brandenburg Jones Meekhof Schmidt Casperson Knollenberg O’Brien Shirkey Colbeck Kowall Pavlov Stamas Hildenbrand MacGregor Proos Zorn Horn Excused—0 Not Voting—0 In The Chair: President Senator Bieda offered the following amendment: 1. Amend page 52, following line 5, by inserting: “SEC. 3182. AN INSURER ENGAGED IN WRITING INSURANCE COVERAGES THAT PROVIDE THE SECURITY REQUIRED BY SECTION 3101(1) SHALL NOT IN ANY YEAR EXPEND MORE THAN 15% OF ITS PREMIUM REVENUE RECEIVED IN THE YEAR FOR THE PAYMENT OF NON-CLAIMS COSTS.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Kowall requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 91 Yeas—13 Ananich Hertel Johnson Smith Bieda Hood Knezek Warren Green Hopgood Rocca Young Gregory 456 JOURNAL OF THE SENATE [April 16, 2015] [No. 34 Nays—25 Booher Horn Marleau Robertson Brandenburg Hune Meekhof Schmidt Casperson Jones Nofs Schuitmaker Colbeck Knollenberg O’Brien Shirkey Emmons Kowall Pavlov Stamas Hansen MacGregor Proos Zorn Hildenbrand Excused—0 Not Voting—0 In The Chair: President Senator Bieda offered the following amendments: 1. Amend page 4, following line 1, by inserting: “Sec. 134. (1) Every certificate of authority or license in force immediately prior to January 1, 1957 and existing under any act repealed by this act is valid until its original expiration date, unless earlier terminated in accordance with this act. (2) Any plan of operation adopted by an association or facility, and any premium or assessment levied against an insurer member of that association or facility, is hereby validated retroactively to the date of its original adoption or levy and shall continue CONTINUES in force and effect according to the terms of the plan of operation, premium, or assessment until otherwise changed by the commissioner DIRECTOR OF THE DEPARTMENT or the board of directors of the association or facility pursuant to this act. (3) An association or facility or the board of directors of the association or facility is not a state agency and the money of an association or facility is not state money. (4) A EXCEPT AS OTHERWISE PROVIDED IN SECTION 3104, A record of an association or facility shall be exempted IS EXEMPT from disclosure pursuant to section 13 of the freedom of information act, Act No. 442 of the Public Acts of 1976, being section 15.243 of the Michigan Compiled Laws 1976 PA 442, MCL 15.243. (5) Any premium or assessment levied by an association or facility, or any premium or assessment of a similar association or facility formed under a law in force outside this state, is not a burden or special burden for purposes of a calculation under section 476a, and any premium or assessment paid to an association or facility shall not be included in determining the aggregate amount a foreign insurer pays to the commissioner DEPARTMENT OF TREASURY under section 476a. (6) As used in this section, “association or facility” means an association of insurers created under this act and any other association or facility formed under this act as a nonprofit organization of insurer members, including, but not limited to, the following: (a) The Michigan worker’s compensation placement facility created under chapter 23. (b) The Michigan basic property insurance association created under section CHAPTER 29. (c) The catastrophic claims association created under chapter 31. (d) The Michigan automobile insurance placement facility created under chapter 33. (e) The Michigan life and health insurance guaranty association created under chapter 77. (f) The property and casualty guaranty association created under chapter 79. (g) The assigned claims facility created under section 3171.”. 2. Amend page 39, following line 12, by inserting: “(41) THE BUSINESS THAT THE BOARD OF AN ASSOCIATION MAY PERFORM SHALL BE CONDUCTED AT A PUBLIC MEETING OF THE BOARD HELD IN COMPLIANCE WITH THE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO 15.275. (42) A WRITING PREPARED, OWNED, USED, IN THE POSSESSION OF, OR RETAINED BY THE BOARD OF AN ASSOCIATION IN THE PERFORMANCE OF AN OFFICIAL FUNCTION IS SUBJECT TO THE FREEDOM OF INFORMATION ACT, 1976 PA 442, MCL 15.231 TO 15.246.” and renumbering the remaining subsections. No. 34] [April 16, 2015] JOURNAL OF THE SENATE 457 he amendments were not adopted, a majority of the members serving not voting therefor. T Senator Kowall requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 92 Yeas—15 Ananich Hertel Knezek Smith Bieda Hood Nofs Warren Green Hopgood Rocca Young Gregory Johnson Schuitmaker Nays—23 Booher Hildenbrand MacGregor Robertson Brandenburg Horn Marleau Schmidt Casperson Hune Meekhof Shirkey Colbeck Jones O’Brien Stamas Emmons Knollenberg Pavlov Zorn Hansen Kowall Proos Excused—0 Not Voting—0 In The Chair: President Senator Hood offered the following amendments: 1. Amend page 4, following line 1, by inserting: “SEC. 2027A. (1) IT IS AN UNFAIR METHOD OF COMPETITION AND AN UNFAIR OR DECEPTIVE ACT OR PRACTICE IN THE BUSINESS OF INSURANCE FOR AN AUTOMOBILE INSURER TO REFUSE TO INSURE, REFUSE TO CONTINUE TO INSURE, LIMIT THE AMOUNT OF COVERAGE AVAILABLE, OR CHARGE A DIFFERENT RATE OR PREMIUM FOR THE SAME COVERAGE BASED ON THE CREDIT HISTORY OR LACK OF CREDIT HISTORY OF AN INSURED OR APPLICANT. (2) SUBSECTION (1) DOES NOT PROHIBIT A DISCOUNT BASED ON EXPENSE SAVINGS RELATED TO GROUP, BLANKET, OR FRANCHISE AUTOMOBILE INSURANCE.”. 2. Amend page 6, following line 9, by inserting: “Sec. 2151. As used in this chapter: (a) “Adverse action” means an increase in any charge for, or a reduction or other adverse or unfavorable change in the terms of coverage or amount of, any personal insurance, existing or applied for. (b) “Consumer reporting agency” means any person which, THAT, for monetary fees or dues or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties. (c) “Credit information” means any credit-related information derived from a credit report, found on a credit report itself, or provided on an application for personal insurance. Information that is not credit-related shall IS not be considered credit information, regardless of whether it is contained in a credit report or in an application, or is used to calculate an insurance score. (d) “Credit report” means any written, oral, or other communication of information by a consumer reporting agency bearing on a consumer’s credit worthiness, credit standing, or credit capacity that is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in the rating of personal insurance. 458 JOURNAL OF THE SENATE [April 16, 2015] [No. 34 (e) “Insurance score” means a number or rating that is derived from an algorithm, computer application, model, or other process that is based in whole or in part on credit information for the purposes of predicting the future insurance loss exposure of an individual applicant or insured. (f) “Personal insurance” means property/casualty insurance written for personal, family, or household use, including automobile, home, motorcycle, mobile home, noncommercial dwelling fire, boat, personal watercraft, snowmobile, and recreational vehicle, whether written on an individual, group, franchise, blanket policy, or similar basis. PERSONAL INSURANCE DOES NOT INCLUDE AUTOMOBILE INSURANCE.”. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Kowall requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 93 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Rocca Nays—27 Booher Hildenbrand Marleau Schmidt Brandenburg Horn Meekhof Schuitmaker Casperson Hune Nofs Shirkey Colbeck Jones O’Brien Smith Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Excused—0 Not Voting—0 In The Chair: President Senator Johnson offered the following amendment: 1. Amend page 4, following line 1, by inserting: “SEC. 2027B. (1) IT IS AN UNFAIR METHOD OF COMPETITION AND AN UNFAIR OR DECEPTIVE ACT OR PRACTICE IN THE BUSINESS OF INSURANCE FOR AN AUTOMOBILE INSURER TO REFUSE TO INSURE, REFUSE TO CONTINUE TO INSURE, LIMIT THE AMOUNT OF COVERAGE AVAILABLE, OR CHARGE A DIFFERENT RATE OR PREMIUM FOR THE SAME COVERAGE BASED ON THE EDUCATION LEVEL OF AN INSURED OR APPLICANT. (2) SUBSECTION (1) DOES NOT PROHIBIT A DISCOUNT BASED ON EXPENSE SAVINGS RELATED TO GROUP, BLANKET, OR FRANCHISE AUTOMOBILE INSURANCE.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Kowall requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 94 Yeas—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood No. 34] [April 16, 2015] JOURNAL OF THE SENATE 459 Nays—28 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Smith Green Kowall Proos Stamas Hansen MacGregor Robertson Zorn Excused—0 Not Voting—0 In The Chair: President Senator Hertel offered the following amendment: 1. Amend page 38, line 4, after “ASSOCIATION,” by striking out “TRANSMIT ANY REMAINING MONEY OF THE UNINCORPORATED ASSOCIATION TO AN INCORPORATED ASSOCIATION” and inserting “DISTRIBUTE ANY REMAINING MONEY OF THE UNINCORPORATED ASSOCIATION IN EQUAL AMOUNTS TO EACH INDIVIDUAL WHO IS A NAMED INSURED AT THE TIME OF THE DISTRIBUTION UNDER AN INSURANCE POLICY THAT PROVIDES THE SECURITY REQUIRED BY SECTION 3101(1) OR SECTION 3103(1)”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Kowall requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 95 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Rocca Nays—27 Booher Hildenbrand Marleau Schmidt Brandenburg Horn Meekhof Schuitmaker Casperson Hune Nofs Shirkey Colbeck Jones O’Brien Smith Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Excused—0 In The Chair: President Not Voting—0 460 JOURNAL OF THE SENATE [April 16, 2015] [No. 34 Senator Gregory offered the following amendments: 1. Amend page 51, line 21, after “3178A.” by striking out “(1)”. 2. Amend page 51, line 27, by striking out all of subsection (2). The amendments were not adopted, a majority of the members serving not voting therefor. Senator Kowall requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 96 Ananich Bieda Colbeck Green Yeas—16 Gregory Hansen Hertel Hood Hopgood Schuitmaker Johnson Smith Knezek Warren Rocca Young Nays—22 Booher Hune Meekhof Robertson Brandenburg Jones Nofs Schmidt Casperson Knollenberg O’Brien Shirkey Emmons Kowall Pavlov Stamas Hildenbrand MacGregor Proos Zorn Horn Marleau Excused—0 Not Voting—0 In The Chair: President Senator Knezek offered the following amendment: 1. Amend page 52, following line 5, by inserting: “SEC. 3184. IF AN ANNUAL PREMIUM CHARGED BY AN INSURER ENGAGED IN WRITING INSURANCE COVERAGES THAT PROVIDE THE SECURITY REQUIRED BY SECTION 3101(1) EXCEEDS 15% OF THE STATE AVERAGE OF PREMIUMS FOR THAT INSURANCE COVERAGE PER ZIP CODE, THE INSURER SHALL REPORT TO THE STANDING COMMITTEES OF THE SENATE AND THE HOUSE OF REPRESENTATIVES WITH PRIMARY JURISDICTION OVER INSURANCE MATTERS ON THE REASON THE PREMIUM EXCEEDS THE STATE AVERAGE. THE INSURER’S CHIEF EXECUTIVE OFFICER OR HIS OR HER DESIGNEE SHALL APPEAR BEFORE THE STANDING COMMITTEES TO TESTIFY ABOUT THE REPORT REQUIRED UNDER THIS SECTION.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Kowall requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 97 Yeas—13 Ananich Hood Knezek Smith Bieda Hopgood Nofs Warren Gregory Johnson Schuitmaker Young Hertel No. 34] [April 16, 2015] JOURNAL OF THE SENATE 461 Nays—25 Booher Hildenbrand MacGregor Robertson Brandenburg Horn Marleau Rocca Casperson Hune Meekhof Schmidt Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen Excused—0 Not Voting—0 In The Chair: President Senator Ananich offered the following amendment: 1. Amend page 50, line 8, after “insurance.” by striking out the balance of the section. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Kowall requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 98 Yeas—14 Ananich Hertel Knezek Warren Bieda Hood MacGregor Young Green Hopgood Rocca Zorn Gregory Johnson Nays—24 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Smith Hansen Kowall Proos Stamas Excused—0 Not Voting—0 In The Chair: President Senator Warren offered the following amendments: 1. Amend page 43, line 5, after “3107C.” by striking out all of subsection (1) and renumbering the remaining subsections. 462 JOURNAL OF THE SENATE [April 16, 2015] [No. 34 2. Amend page 43, line 22, after “SUBSECTIONS” by striking out “(3) AND (4),” and inserting “(2) AND (3),”. 3. Amend page 44, line 4, after “SUBSECTION” by striking out “(4),” and inserting “(3),”. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Kowall requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 99 Yeas—13 Ananich Hertel Johnson Rocca Bieda Hood Knezek Warren Green Hopgood Robertson Young Gregory Nays—25 Booher Horn Marleau Schmidt Brandenburg Hune Meekhof Schuitmaker Casperson Jones Nofs Shirkey Colbeck Knollenberg O’Brien Smith Emmons Kowall Pavlov Stamas Hansen MacGregor Proos Zorn Hildenbrand Excused—0 Not Voting—0 In The Chair: President Senator Ananich offered the following amendment: 1. Amend page 64, following line 24, by inserting: “Enacting section 4. Sections 3107, 3107a, and 3157 of the insurance code of 1956, 1956 PA 218, MCL 500.3107, 500.3107a, and 500.3157, as amended by this amendatory act, and section 3107c of the insurance code of 1956, 1956 PA 218, as added by this amendatory act, only apply to motor vehicle accident policies issued or renewed after the date this amendatory act takes effect.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Kowall requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 100 Yeas—13 Ananich Hertel Johnson Smith Bieda Hood Knezek Warren Green Hopgood Rocca Young Gregory No. 34] [April 16, 2015] JOURNAL OF THE SENATE Nays—25 Booher Horn Marleau Robertson Brandenburg Hune Meekhof Schmidt Casperson Jones Nofs Schuitmaker Colbeck Knollenberg O’Brien Shirkey Emmons Kowall Pavlov Stamas Hansen MacGregor Proos Zorn Hildenbrand Excused—0 Not Voting—0 In The Chair: President he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 101 Yeas—21 Booher Hildenbrand Meekhof Robertson Brandenburg Horn Nofs Schuitmaker Casperson Hune O’Brien Shirkey Colbeck Jones Pavlov Smith Emmons Marleau Proos Stamas Hansen Nays—17 Ananich Hood Knollenberg Schmidt Bieda Hopgood Kowall Warren Green Johnson MacGregor Young Gregory Knezek Rocca Zorn Hertel Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. 463 464 JOURNAL OF THE SENATE [April 16, 2015] [No. 34 Protests Senators Young, Johnson, Hertel, Hopgood, Ananich, Hood and Gregory, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 248. Senators Young and Johnson moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.” The motion prevailed. Senator Young’s statement is as follows: My fellow Senators and colleagues, what we have in this bill is what happens when the rich man inside the temple gets his way. This bill is nothing more than a giveaway to insurance companies and another backdoor tax increase for working families. Time after time, my colleagues across the aisle have pushed policies that add another fee increase or another tax burden onto the backs of regular Michigan residents; the people who could least afford to bear it. The pension tax, essentially eliminating the EITC, property tax, and cutting funding for education, and families have to pick up the slack. On and on. Countless working people are already being nickeled and dimed right out of the middle class. After all of that, now you bring us this bill that you dropped into our laps in a hastily-scheduled committee meeting. This bill, all 62 pages of it, we could not possibly read before voting on or were asked to vote nonetheless. This bill allows insurance companies that are already swimming in profits to flood their pools at the expense of, yes, regular Michigan residents. Tell me, colleagues, what in this bill helps the Michigan auto insurance consumer? If you believe that this bill is going to help the consumers of Michigan, then you might as well rename it a Spike Lee Joint, because you have been bamboozled, plain and simple. The consumer, as you know, already pays the highest auto insurance premiums in the nation. Please don’t tell me that it’s competition—that competition between companies will drive down prices because they haven’t. Not now and they won’t in the future and they won’t under this bill. There are over 800 companies licensed to sell insurance products in Michigan. I don’t know how much more competitive you can get than that. Yet more residents in Detroit don’t drive because the cost of insuring the car is more than they can afford. I have people in my district who every time they get their auto insurance bills, they have to make a decision if they will pay for prescription drugs, keep lights on, keep heat on, keep car, pay rent, or pay auto insurance. Mr. President, I have a simple rule: You should never make life decisions every time you get your auto insurance bill. That is what people are doing—fill the car with gas or pay the auto insurance bill. It is absurd, wrong, and preying upon poor people. It needs to stop. Let’s make today be the day that we have our priorities straight, and we put the people before the corporations. It is wrong. We can do better and people deserve better. If this bill was so full of good things for the hundreds of people we represent, then why are we rushing it through? Do the rich men in the temple need a quick vote before the people outside begging for relief and bread find out what is really happening? Given the past actions of my colleagues across the aisle, I would say that is more than likely. Given my love for the people of this state, especially the people of the 1st District who elected me, it sickens me to the core. Colleagues, I hope that you will join me in voting against this bill and working together on a new bill that would benefit the people we serve, not the companies that cash six-figure campaign checks. We need legislation that will provide fairness in auto rates for everybody. We need fairness in rates today, tomorrow, and forever. If we don’t get that, we need to vote this bill down. enator Johnson’s statement, in which Senators Hertel, Hopgood, Ananich, Hood and Gregory concurred, is as follows: S I was taught in Montessori School some time ago that any false statement inside of a true statement renders the entire statement false. That might prove analogous when you consider that this particular bill has a number of measures and instances in which it does more harm than good to the people who absorb insurance rates across the state of Michigan. In this chamber and in this body, I thought that we all took an oath that was to protect the interest, good, safety, and welfare of the citizens we all represent. I will trade any member in this chamber my insurance bill for theirs. In the city of Highland Park, where I reside, which is one of the poorest communities in the state of Michigan, I pay $6,634 for auto insurance per year and $6,048 for home insurance without one claim ever made. Related expenses include $16,000 in the past two months for front-end auto damage to my car that is sitting in the shop today. If I had a little bit of that insurance money back or if I didn’t pay such a high premium or if I wasn’t so worried about my costs continuing to skyrocket, I might have made a claim and wouldn’t have paid that money out of pocket. We talk about these issues as though they don’t strike home for people. When you consider the amount of money that it takes to live in a poor city like Highland Park, you will forgive me if I possess no altruism for the bill presented before us. Frankly, what we are doing in this chamber today is protecting the interest of corporate stakeholders over and above the people we all represent. I give some kudos to the Senator from the 38th District for what he did with me a few years back when I talked with him about the ugly nature of mass transit in the city of Detroit. He came down to study that system with me, and we rode it and talked with people and he came away with a sincere understanding of what citizens wrestle with every day. It was his conscience that was pricked, allowing him to come back to this chamber and make drastic but necessary changes No. 34] [April 16, 2015] JOURNAL OF THE SENATE 465 to the regional transit structure in Southeast Michigan. Today, part and parcel to the work we did, we have a bus rapid transit line going in and coordinated service across DDOT that will be to the benefit of citizens who have to endure that system each day. More importantly, as it relates to this bill, not one single conscience has been pricked with respect to the rates that citizens you and I represent are absorbing. If you believe in people first and putting people over profits, then, in fact, you would withdraw this bill, go back to the drawing board, and figure out how to insert some people-saving mechanisms in here before we actually pass this bill. It is ridiculous that we are protecting the interest of people who are billionaires before we even consider the people who are suffering with having to buy a legal product that they cannot afford. Senators Young, Bieda, Hood, Johnson, Hertel, Gregory, Knezek, Hopgood and Ananich asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Young’s first statement is as follows: I am literally talking about 5 percent. Mr. President, I can’t get rate reduction for the greater good of the people of Michigan? Aren’t they worth 5 percent? Not 10, not 20, not 30, not 40, not even 50, but 5. Are you serious? This is outlandish, and we ought to be ashamed of ourselves. People are going to report this in 20 years as a blooper and an embarrassment—5 percent; 5. enator Bieda’s first statement is as follows: S Colleagues, I rise to offer an amendment to Senate Bill No. 248 that would give more money to insurance companies. This amendment would at least ensure that money saved by insurance companies is going to help consumers. I know that insurance companies are everywhere and are an important part of our economy. We have all seen their ads. There is the GEICO gecko, Jake from State Farm, Mayhem, and you’re in good hands with Allstate. They’re funny commercials, yes. They’re also a constant reminder that insurance companies are not hurting, but Michigan consumers are. We pay some of the highest insurance rates in the country, with no relief in sight, especially not out of these bills before us. Meanwhile, insurance companies are making billions, and this legislation is only going to ensure that they get more. The insurance industry is the ninth-largest ad-spending category in the U.S. and spent $5.2 billion on ads in 2013. That is not right. The state should not be giving more money to insurance companies, period. But if we are, we should at least ensure the money is going toward actual insurance services and consumer rate savings. That is what my amendment would do—require insurance companies to spend 85 percent of their money on insurance. That is what their business is, and that is what they should be focused on, not padding their profits or perpetuating their advertising budgets. enator Bieda’s second statement is as follows: S Colleagues, I rise to offer another amendment to this bill that would require any new insurance entity, including the Michigan Catastrophic Claims Association and the Michigan Legacy Claims Association, to be subject to FOIA and the Open Meetings Act. While the bill states the MLCA should act as if it were a public body when it comes to FOIA, that is not binding, and there is no reference to complying with the Open Meetings Act. Michigan consumers pay some of the highest auto insurance rates in the country, yet under this legislation, their rates and coverage are still at the mercy of this new authority. If the decisions made by this new insurance authority are truly being made in the public’s best interest, they should not be made behind closed doors. By making these meetings and decisions open to the public and subject to FOIA, there will be greater transparency and greater accountability to the public. There is not a rational explanation, whether it’s from the other side of the aisle or from the insurance companies themselves, why the public and the consumers required to carry auto insurance shouldn’t be privy to how their rates and coverage are being set. The motives of this legislation are highly questionable, and these suspicions are compounded by any efforts to exclude Michigan citizens from the process. I urge my colleagues to support this amendment and make this important revision to the bill to at least pull back the curtain on this process and restore public trust in this body. enator Hood’s statement is as follows: S This amendment would simply require that the credit scores be removed from price determination of your insurance premiums. Credit scores should not be a part of determining your premiums, and this amendment will clarify that. enator Johnson’s statement is as follows: S Fellow Senators, I rise to offer another amendment to Senate Bill No. 248 that would focus more on lowering insurance rates than raising insurance company profits. If we really want to reform auto insurance in Michigan, we should be tackling the way rates are set, not the liability and obligations of insurers. Insurance is required to drive a vehicle. It is a legal necessity. But because every driver in Michigan needs it, consumers are forced to pay whatever insurance companies charge, allowing insurance companies to exploit low-income drivers. 466 JOURNAL OF THE SENATE [April 16, 2015] [No. 34 A recent nationwide analysis by www.CarInsurance.com found that Detroit residents have the costliest car insurance in the country. Detroit’s car insurance rates average about $5,000 per year, compared with Brooklyn, New York, the secondhighest at about $3,900, and Philadelphia third at $2,800, according to the survey released. The consumer website found Michigan’s statewide average to be about $2,200, less than half of that in Detroit. This is ridiculous, yet as we look at these bills before us, they are all about helping the insurance industry—the companies and their shareholders—not you and me. This bill before us does nothing to help consumers and actually might hurt them. But my amendment would fix that. One of the ways these insurance companies get away with charging such outrageous and overinflated rates is by factoring in things like a driver’s credit score or education into the price determination. This amendment would simply remove education from being a factor in auto insurance price determination. There is no reasonable explanation for this predatory rate-setting that takes advantage of low-income and undereducated drivers, and it’s time we put a stop to it. I urge you all to support this amendment, and stand up for Michigan consumers as readily and adamantly as you are going to for Michigan insurance companies. enator Young’s second statement is as follows: S I know this might be a radical idea, but how about we give discounts to people who are good drivers? I think this nonsense of giving discounts based on your credit score or education level has nothing to do with determining whether or not you will run into a tree or do donuts in a parking lot. You can have people driving a car off a “Dukes of Hazzard” stunt ramp. We don’t know what they are doing. To give a discount for that when we have people who are good drivers and play by the rules and are not getting discounts is absurd. This is just further proof that this amendment needs to be adopted, and this bill doesn’t. It is horrible and you are right. We are avoiding a tornado but substituting an economic tornado in this bill. enator Hertel’s statement is as follows: S Colleagues, I rise to offer an amendment to Senate Bill No. 248. Unfortunately, there seems to be a pattern here. You’ve rushed through a bill that would overhaul our state’s auto insurance system to exclusively benefit big insurance companies and their stockholders. We continue to offer amendments to provide some actual relief for consumers, and you vote them down. It doesn’t matter if we appeal to your common sense, your conscience, or your compassion; our appeals fall on deaf ears. But I rise to give you one more chance to do the right thing and amend this bill to better serve Michigan drivers. This amendment would require any rebate of additional money in the funds to go back to consumers. With this bill, so many of my colleagues are concerned with helping out insurance companies. I’m just asking that they extend the same consideration to Michigan drivers and the people we were elected to serve. Any effort to change our state’s auto insurance system should be done with consumers in mind, not company share­ holders. But without this amendment, this bill will do nothing to help them. This body should be in the business of helping provide economic relief to people, not padding the profits of big companies. This amendment would be one step in the right direction. I urge all of you to support this amendment, and offer some much-needed relief for Michigan drivers. enator Gregory’s statement is as follows: S Colleagues, I rise to offer an amendment that would strike out the provision providing an appropriation for the Depart­ ment of Insurance and Financial Services. This bill is asking taxpayers to foot a $150,000 salary for one employee to draft an internal report. However, we all know that the likely reason for this language is to make this bill referendum-proof. The content of this bill is troubling enough. Making it impossible for voters to reject this bill is just undemocratic. Colleagues, I ask for your support of my amendment. enator Knezek’s statement is as follows: S Colleagues, I rise to offer an amendment to Senate Bill No. 248 that would hold insurers accountable to the people they serve. This amendment would add a provision to the legislation stating that if an insurer has an average auto insurance rate 15 percent above the state average per zip code, the insurer must provide an annual report to the Senate and House Insurance Committees explaining why this is the case. The insurers must also appear before the committees to give testimony on the report. This legislation currently offers no protection for consumers, especially those in areas like Detroit where insurance rates are inexplicably high. I ask for your support of my amendment. enator Hopgood’s statement is as follows: S Colleagues, I rise to offer an amendment to Senate Bill No. 248. This amendment would lower the co-pay for attendant care to 10 percent. People in need of attendant care aren’t working. How can we expect them to pay an onerous co-pay each month when they need in-home care just to recover? We need to be looking out for the people these policies affect, not just the companies that want to lower their costs and boost their profits. I ask for your support for my amendment. No. 34] [April 16, 2015] JOURNAL OF THE SENATE 467 enator Ananich’s statement is as follows: S Colleagues, I rise to offer an amendment to Senate Bill No. 248. This amendment would ensure and clarify that all changes made in this bill apply only to future claimants, not those already in the system. To apply the changes to those already in the system would be to essentially pull the rug out from under the people whose lives depend on services funded under the old system. I ask for your support of the amendment. enator Young’s third statement is as follows: S To my good colleague from the 24th District, I know he means well and is a good man and has helped me on many things. So I know what he is doing comes from the heart. But all of this conversation about wanting to help Detroit and what is right for the city, there is nothing in this bill that will roll back rates or even guarantee rolled-back rates. I can’t even get 5 percent rolled back, not that I am bitter—I am just saying. So I don’t understand how we are going to get up here and say that we care but won’t have any consumer protections. I don’t understand how we say we care about the city, and we are going to mandate price controls for hospitals but not mandate price controls for the insurance industry. That is the height of hypocrisy as far as I am concerned. It’s the hypocrisy of our democracy and it must stop. So don’t come up here bumping your gums or running your mouth talking about reform for Detroit, because as much as you mean well, as much as I know you love the city, you still have not done anything to fundamentally roll back rates in the city. Until that happens, rates aren’t going to get rolled back in the city. The following bill was read a third time: Senate Bill No. 249, entitled A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 25a (MCL 552.625a), as amended by 2009 PA 193. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 102 Yeas—21 Booher Hildenbrand Meekhof Robertson Brandenburg Horn Nofs Schuitmaker Casperson Hune O’Brien Shirkey Colbeck Jones Pavlov Smith Emmons Marleau Proos Stamas Hansen Nays—17 Ananich Hood Knollenberg Schmidt Bieda Hopgood Kowall Warren Green Johnson MacGregor Young Gregory Knezek Rocca Zorn Hertel Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. 468 JOURNAL OF THE SENATE [April 16, 2015] [No. 34 Committee Reports he Committee on Natural Resources reported T Senate Resolution No. 22. A resolution to encourage the Chicago Area Waterway System Advisory Committee to fully consider all options, including complete hydrologic separation, to protect the Great Lakes from Asian carp and to move as quickly as possible to determine the best long-term solution. (For text of resolution, see Senate Journal No. 25, p. 287.) With the recommendation that the following substitute (S-1) be adopted and that the resolution then be adopted: A resolution to encourage the Chicago Area Waterway System Advisory Committee to fully consider all options to protect the Great Lakes from Asian carp and to move as quickly as possible to determine the best long-term solution. Whereas, The state of Michigan, surrounded by four of the five Great Lakes, is literally defined by the lakes. Conse­ quently, the health of Michigan’s economy and quality of life are intertwined with the health of the Great Lakes. Asian carp and other aquatic invasive species (AIS) are an acute threat to the Great Lakes, with the potential for significant impacts to billion dollar commercial and recreational fisheries; and Whereas, The Chicago Area Waterway System, connecting the Great Lakes and Mississippi River basins, is a major pathway for AIS to spread between the basins. Zebra mussels used this pathway to spread from the Great Lakes to the Mississippi River basin, leading to millions of dollars in annual control costs for industries and public utilities. Now, Asian carp stand poised to move from the Mississippi River basin to the Great Lakes; and Whereas, A permanent, long-term solution must be identified and implemented. The problem of Asian carp and other AIS using this man-made connection will not resolve itself. While the Great Lakes and Mississippi River Interbasin Study identified a number of solutions, it has become clear that nothing further will happen until there is broad consensus among the stakeholders in the Chicago area and the entire region; and Whereas, There are many options and many issues that must be weighed to identify the best long-term solution. While the most important consideration is keeping out Asian carp, the costs to commercial navigation along the waterway system must also be considered. No options should be taken off the table that would effectively prevent Asian carp and other AIS movement through the system, whether hydrologic separation or innovative systems that biologically separate the basins while maintaining barge traffic; and Whereas, The Chicago Area Waterway System Advisory Committee represents a great opportunity for our region. Thirty-four representatives from government, industry, and commercial, recreational, and environmental groups have come together to solve this pressing problem. Their continued commitment may be our best hope to reach consensus on a long-term solution that will prevent the movement of AIS between the Great Lakes and Mississippi River basins; and Whereas, The advisory committee must maintain a sense of urgency and not be satisfied with only short-term solutions. Asian carp pose an imminent threat to the Great Lakes ecosystem and economy. If allowed to enter and establish within the Great Lakes, they will be difficult, if not impossible, to control or eradicate and will become a permanent drain on resources in the region. No one knows how much time we have to prevent this irreversible and undesirable outcome; now, therefore, be it Resolved by the Senate, That we encourage the Chicago Area Waterway System Advisory Committee to fully consider all options to protect the Great Lakes from Asian carp and to move as quickly as possible to determine the best long-term solution; and be it further Resolved, That copies of this resolution be transmitted to the members of the Chicago Area Waterway System Advisory Committee. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Pavlov, Robertson, Stamas and Warren Nays: None The resolution and the substitute recommended by the committee were placed on the order of Resolutions. he Committee on Natural Resources reported T Senate Resolution No. 23. A resolution to call on the Obama Administration and the Congress of the United States to direct the U.S. Army Corps of Engineers to close the connection between the Great Lakes and Mississippi River basins through Chicago to prevent Asian carp from entering the Great Lakes. (For text of resolution, see Senate Journal No. 25, p. 287.) With the recommendation that the following substitute (S-1) be adopted and that the resolution then be adopted: A resolution to call on the Obama Administration and the Congress of the United States to direct the U.S. Army Corps of Engineers to fully support efforts to determine the best long-term solution for preventing Asian carp from entering the Great Lakes and to move decisively to implement a solution. No. 34] [April 16, 2015] JOURNAL OF THE SENATE 469 Whereas, The Great Lakes are one of our nation’s great natural wonders. Bordering Michigan and seven other states, these inland seas contain nearly one-fifth of the world’s surface fresh water. They support jobs in manufacturing, tourism, recreation, shipping, agriculture, science, engineering, energy, and mining throughout the region. The protection of the Great Lakes is essential to Michigan’s state identity and economy as well as national economic growth; and Whereas, Asian carp pose an imminent threat to the Great Lakes ecosystem and economy. Asian carp have successfully invaded the Mississippi River basin and now stand only 50 miles downstream from the Great Lakes. Asian carp can reproduce rapidly, consume large quantities of food, disrupt local ecosystems, out-compete native fish, and devastate recreational fishing and boating opportunities. There is general scientific consensus that Asian carp will be able to establish populations and thrive in areas of the Great Lakes. Once established, they will be difficult, if not impossible, to control or eradicate. Thus, the federal government has recognized Asian carp as “the most acute [aquatic invasive species] threat facing the Great Lakes today”; and Whereas, A permanent, long-term solution must be identified and implemented to keep Asian carp out of the Great Lakes. While the U.S. Army Corps of Engineer’s Great Lakes and Mississippi River Interbasin Study identified a number of solutions, it stopped short of determining the best option. Regional efforts to reach consensus on a solution, such as those of the Chicago Area Waterway System Advisory Committee, must be supported and recommendations seriously considered; and Whereas, The best long-term solution will prevent Asian carp from entering the Great Lakes while preserving as much as possible the current uses of the Chicago area waterways. Although effective Asian carp prevention is paramount and should not be compromised, the value, impacts, and costs to the barge industry must also be taken into account; and Whereas, Regardless of the means, immediate and decisive action is required to protect the Great Lakes. The status quo will not prevent irreparable harm. Asian carp could cause billions of dollars in lost revenues and thousands of lost jobs in the $7 billion sports and commercial fishing industry and the $9 billion recreational boating industry. In addition, damage done to the Great Lakes, rivers, and inland lakes by Asian carp would greatly harm our state’s viability as an attractive vacation destination, thereby leading to decreased tourism revenue and jobs; now, therefore, be it Resolved by the Senate, That we call on the Obama Administration and the Congress of the United States to direct the U.S. Army Corps of Engineers to fully support efforts to determine the best long-term solution for preventing Asian carp from entering the Great Lakes; and be it further Resolved, That we urge the Obama Administration and Congress to provide sufficient funding that will ensure the U.S. Army Corps of Engineers moves decisively to implement a solution; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congres­ sional delegation. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Pavlov, Robertson, Stamas and Warren Nays: None The resolution and the substitute recommended by the committee were placed on the order of Resolutions. he Committee on Natural Resources reported T Senate Resolution No. 25. A resolution to memorialize the Congress of the United States to pass legislation that authorizes the U.S. Army Corps of Engineers to implement measures at the Brandon Road lock and dam to prevent Asian carp from entering the Great Lakes. (For text of resolution, see Senate Journal No. 28, p. 344.) With the recommendation that the resolution be adopted. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Pavlov, Robertson, Stamas and Warren Nays: None The resolution was placed on the order of Resolutions. The Committee on Natural Resources reported Senate Bill No. 217, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 7dd and 7jj (MCL 211.7dd and 211.7jj[1]), section 7dd as amended by 2013 PA 44 and section 7jj as amended by 2013 PA 42. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson 470 JOURNAL OF THE SENATE [April 16, 2015] [No. 34 To Report Out: Yeas: Senators Casperson, Pavlov, Robertson, Stamas and Warren Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Natural Resources submitted the following: T Joint meeting held on Wednesday, April 15, 2015, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren The Committee on Insurance reported Senate Bill No. 249, entitled A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 25a (MCL 552.625a), as amended by 2009 PA 193. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Brandenburg, O’Brien, Jones and Smith Nays: Senators Schmidt, Bieda and Young The bill was referred to the Committee of the Whole. The Committee on Insurance reported Senate Bill No. 248, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending the title and sections 3101, 3104, 3107, 3107a, 3114, 3135, 3157, 3163, 3301, 3310, 3330, 4501, and 6107 (MCL 500.3101, 500.3104, 500.3107, 500.3107a, 500.3114, 500.3135, 500.3157, 500.3163, 500.3301, 500.3310, 500.3330, 500.4501, and 500.6107), the title as amended by 2002 PA 304, section 3101 as amended by 2014 PA 492, section 3104 as amended by 2002 PA 662, section 3107 as amended by 2012 PA 542, section 3107a as amended by 1991 PA 191, section 3114 as amended by 2002 PA 38, section 3135 as amended by 2012 PA 158, section 3163 as amended by 2002 PA 697, section 3310 as amended by 2001 PA 228, section 3330 as amended by 2012 PA 204, section 4501 as amended by 2012 PA 39, and section 6107 as added by 1992 PA 174, and by adding section 3107c and chapter 63. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Brandenburg, O’Brien, Jones and Smith Nays: Senators Schmidt, Bieda and Young The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Insurance submitted the following: T Meeting held on Wednesday, April 15, 2015, at 12:30 p.m., Room 100, Farnum Building Present: Senators Hune (C), Brandenburg, Schmidt, O’Brien, Horn, Jones, Smith, Bieda and Young COMMITTEE ATTENDANCE REPORT he Committee on Outdoor Recreation and Tourism submitted the following: T Joint meeting held on Wednesday, April 15, 2015, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Hansen (C), Zorn and Green Excused: Senators Schmidt and Johnson No. 34] [April 16, 2015] JOURNAL OF THE SENATE 471 Scheduled Meetings Michigan Law Revision Commission - Wednesday, May 13, 11:30 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212) Michigan State Capitol Commission - Monday, April 20, 11:00 a.m., Room H-65, Capitol Building (373-0184) State Drug Treatment Court Advisory Committee - Tuesday, April 21, 10:00 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 3:06 p.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, April 21, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 472 No. 35 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, April 21, 2015. 10:00 a.m. The Senate was called to order by the Assistant President pro tempore, Senator Margaret E. O’Brien. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 474 JOURNAL OF THE SENATE [April 21, 2015] [No. 35 enator Coleman A. Young II of the 1st District offered the following invocation: S Father God, I just want to say thank You so much for allowing me to be a State Senator. Thank You so much for us having the honor to be here and serve the people every day. Father God, we know that the people of the state face all kinds of challenges, whether it be paying the bills, whether it be sending the kids to college, whether it be getting a job. Some maybe feel that the American Dream is slipping away, but, Father God, I am just thankful that I believe in a God who said, “The thief might come to steal, kill, and destroy, but I have come so that you may have life, and have it more abundantly.” So let it be this day, right here, at 10 in the morning in the Michigan State Senate, the greatest State Senate on earth, that we claim our victory and we seize our destiny and we achieve the abundant life and we expand our territory like the prayer of Jabez, because, Father God, I believe in the God who said all I have to do is rely on You. We shall grow wings like eagles. We will walk and not faint. We will run and will not grow weary. Father God, we believe that now is our time to have an economic transformation and a supernatural breakthrough. We say thank You, we appreciate You, and we love You. In the mighty name of Jesus Christ, Amen. The Assistant President pro tempore, Senator O’Brien, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Green entered the Senate Chamber. enator Kowall moved that Senator Casperson be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Ananich and Hopgood be temporarily excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Colbeck admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Senators Ananich and Casperson entered the Senate Chamber. The Secretary announced that the following House bills were received in the Senate and filed on Thursday, April 16: House Bill Nos. 4271 4272 4273 4274 4276 4385 The Secretary announced that the following bills were printed and filed on Thursday, April 16, and are available at the Michigan Legislature website: Senate Bill Nos. 265 266 267 268 269 270 House Bill Nos. 4448 4449 4450 4451 4452 4453 4454 4455 4456 4457 4458 4459 4460 4461 4462 The Secretary announced that the following bills and joint resolution were printed and filed on Friday, April 17, and are available at the Michigan Legislature website: Senate Bill Nos. 271 272 273 274 275 276 277 278 279 280 281 Senate Joint Resolution J House Bill Nos. 4463 4464 4465 4466 4467 4468 4469 4470 4471 4472 4473 4474 4475 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:06 a.m. No. 35] [April 21, 2015] JOURNAL OF THE SENATE 475 10:42 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator Colbeck introduced a delegation from the Health Ministry of the Republic of Ghana; Gavin Brown of the Michigan Aerospace Manufacturers Association; Rear Admiral Scott Sanders, USN (Ret.); Terrence Fogarty of Kaman Aerosystems; and representatives from St. John’s Medical Center and Lockheed Martin; and presented the delegation from Ghana with a Special Tribute. Dr. Afisah Zakaria and Mr. Brown responded briefly. During the recess, Senator Hopgood entered the Senate Chamber. Messages from the Governor The following messages from the Governor were received and read: April 6, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Iron Industry Museum Advisory Board Justin A. Carlson of 94 Cedar Lane, Negaunee, Michigan 49866, county of Marquette, representing the township of Negaunee, succeeding Jennifer Huetter, is appointed for a term expiring October 4, 2016. April 7, 2015 I respectfully submit to the Senate the following appointment to office: Board of Barber Examiners Kelly Y. Mitchell of 2687 Woodmeadow Drive, S.E., Grand Rapids, Michigan 45946, county of Kent, representing the general public, succeeding Tawnya Marketti, is appointed for a term expiring September 30, 2015. April 7, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Onion Committee Mike Meyer of 5382 Lawndale Avenue, Hudsonville, Michigan 49426, county of Ottawa, representing growers-at-large, succeeding Glenn Leep, is appointed for a term expiring August 16, 2016. Eric J. Schreur of 4501 New Holland, Hudsonville, Michigan 49426, county of Ottawa, representing growers-at-large, succeeding himself, is reappointed for a term expiring August 16, 2016. Mark J. Nail of 21705 O Drive North, Marshall, Michigan 49068, county of Calhoun, representing growers-at-large, succeeding himself, is reappointed for a term expiring August 16, 2016. April 7, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Tax Tribunal Valerie F. Lafferty of 4097 Shoals Drive, Okemos, Michigan 48864, county of Ingham, representing real estate appraisers, succeeding Marcus L. Abood, is appointed for a term commencing May 10, 2015, and expiring June 30, 2018. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. Messages from the House Senate Bill No. 12, entitled A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2013 PA 112. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pursuant to rule 3.202, the bill was laid over one day. 476 JOURNAL OF THE SENATE [April 21, 2015] [No. 35 By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S Senate Resolution No. 22 Senate Resolution No. 23 Senate Resolution No. 25 The motion prevailed. enator Kowall moved that rule 3.204 be suspended to permit immediate consideration of the following resolution: S Senate Resolution No. 36 The motion prevailed, a majority of the members serving voting therefor. enators Warren, Knezek, Gregory and Ananich offered the following resolution: S Senate Resolution No. 36. A resolution to support the goals and ideals of the National Day of Silence in bringing attention to anti-lesbian, gay, bisexual, and transgender name-calling, bullying, and harassment faced by individuals in schools. Whereas, The National Day of Silence is a day in which students take a vow of silence to bring attention to the anti-lesbian, gay, bisexual, and transgender name-calling, bullying, and harassment faced by individuals in schools; and Whereas, The Gay, Lesbian and Straight Education Network designates the third Friday of every April as the National Day of Silence; and Whereas, Hundreds of thousands of students at more than 8,000 schools have participated in the National Day of Silence in past years; and Whereas, The Gay, Lesbian and Straight Education Network’s 2013 National School Climate Survey illustrates the per­va­ sive harassment and victimization faced by lesbian, gay, bisexual, and transgender students by documenting their experiences within the preceding academic year; and Whereas, Nearly 75 percent of lesbian, gay, bisexual, and transgender students reported being verbally harassed by their peers at school because of their sexual orientation and more than 55 percent because of their gender expression; and Whereas, 36 percent of lesbian, gay, bisexual, and transgender students reported being physically harassed by their peers at school because of their sexual orientation and over 20 percent because of their gender expression; and Whereas, Over 15 percent of lesbian, gay, bisexual, and transgender students reported being physically assaulted by their peers at school because of their sexual orientation and more than 10 percent because of their gender expression; and Whereas, Nearly 60 percent of lesbian, gay, bisexual, and transgender students reported that they felt unsafe in school, and nearly 30 percent reported missing at least one entire school day in the preceding month because of safety concerns; and Whereas, Transgender students were more likely than all other students to report feeling unsafe at school because of their gender expression; and Whereas, According to the National Transgender Discrimination Survey, those who expressed a transgender identity or gender nonconformity while in grades K-12 reported alarming rates of harassment, physical assault, and sexual violence so severe that almost 15 percent of those surveyed had to leave school; and Whereas, Student academic performance is affected such that lesbian, gay, bisexual, and transgender students who experienced high levels of verbal harassment because of their sexual orientation or gender expression report a grade point average nearly a half grade lower than those of lesbian, gay, bisexual, and transgender students who experienced low levels of such harassment; and Whereas, The presence of supportive staff contributed to a range of positive indicators, including fewer reports of missing school, fewer reports of feeling unsafe, greater academic achievement, higher educational aspirations, and a greater sense of school belonging; and Whereas, A growing number of cities and local education authorities in the state of Michigan are adopting laws and policies to prohibit name-calling, bullying, harassment, and discrimination against students on the basis of their sexual orientation and gender identity or expression; and Whereas, Children should be guaranteed an education free from name-calling, bullying, harassment, and discrimination, regardless of his or her sexual orientation and gender identity or expression; now, therefore, be it Resolved by the Senate, That this legislative body hereby acknowledges the third Friday of every April as the National Day of Silence. We request that the Governor issue a proclamation calling on the people of the Michigan to observe the National Day of Silence with appropriate ceremonies, programs, and activities; and be it further Resolved, That city and local education authorities in the state of Michigan are urged to adopt laws and policies to prohibit name-calling, bullying, harassment, and discrimination against students, teachers, and other school staff, regardless of their sexual orientation and gender identity or expression, so that the state’s schools are institutions where all individuals are able to focus on learning; and be it further No. 35] [April 21, 2015] JOURNAL OF THE SENATE 477 Resolved, That copies of this resolution be transmitted to the Speaker of the Michigan House of Representatives, House Minority Leader, Michigan Senate Majority Leader, Senate Minority Leader, State Superintendent of Public Instruction, and the State Board of Education. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Education. The motion prevailed. Senators Bieda, Hertel and Hopgood were named co‑sponsors of the resolution. enator Meekhof offered the following resolution: S Senate Resolution No. 37. A resolution to commemorate April 21, 2015, as Holocaust Remembrance Day in the state of Michigan. Whereas, The horror of the Holocaust should never be forgotten; and Whereas, The Holocaust was the state-sponsored systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators during the years 1933 through 1945. Six million Jews were murdered and millions more, including Gypsies, the handicapped, Poles, Jehovah’s Witnesses, Soviet prisoners of war, and political dissidents, suffered grievous oppression and death under Nazi tyranny; and Whereas, Many decades have passed since the Holocaust came to an end, yet the trauma of this horrible event is still experienced by all who survived. Their numbers dwindle with each passing year, and it is up to others to keep the world aware and to firmly avow that the atrocities of the Holocaust will never be repeated; and Whereas, The history of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals, societies, and governments, and serves as an important reminder of what can happen to civilized people when bigotry, hatred, and indifference reign; and Whereas, When the goodness of mankind was in question, there were individuals who selflessly risked their lives in order to save others from the evils of Nazi Germany; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate April 21, 2015, as Holocaust Remem­ brance Day in the state of Michigan; and be it further Resolved, That the members of this legislative body remember the Holocaust and its many survivors and the bravery of those who fought to help the persecuted; and be it further Resolved, That a copy of this resolution be transmitted to the Michigan Jewish Conference as evidence of our profound respect and esteem. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Ananich, Bieda, Booher, Brandenburg, Casperson, Gregory, Hansen, Hertel, Hildenbrand, Hopgood, Horn, Jones, Knollenberg, Kowall, MacGregor, Marleau, Nofs, O’Brien, Pavlov, Proos, Robertson, Rocca, Schmidt, Stamas, Warren and Zorn were named co‑sponsors of the resolution. Senator Meekhof asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Meekhof’s statement is as follows: Today we remember all of those impacted by the horror of the Holocaust, a tragedy that should never be forgotten. Decades have passed since the Holocaust came to an end, yet the trauma of this horrible event is still experienced by all those who survived and by the families of those who perished. With sadness, while that number of survivors dwindles each and every year, it is critical that we continue to remind the world and firmly avow that the tragedy of the Holocaust shall never be repeated. The memory of this event provides us with an opportunity to reflect on our moral responsibilities as individuals, societies, and governments. So I ask my colleagues in the Michigan Senate to declare April 21, 2015, as Holocaust Remembrance Day in the state of Michigan; to honor and serve those who lost their lives to this tragedy. A moment of silence was observed in memory of the victims of the Holocaust. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 64 Senate Bill No. 65 478 JOURNAL OF THE SENATE [April 21, 2015] [No. 35 Senate Bill No. 66 Senate Bill No. 67 The motion prevailed. The following bill was read a third time: Senate Bill No. 64, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20155, 21703, and 21734 (MCL 333.20155, 333.21703, and 333.21734), section 20155 as amended by 2012 PA 322 and section 21734 as added by 2000 PA 437. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 103 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 65, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20109, 21703, and 21715 (MCL 333.20109, 333.21703, and 333.21715), section 20109 as amended by 1996 PA 224. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 104 Yeas—38 Ananich Hertel Bieda Hildenbrand Booher Hood Brandenburg Hopgood Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey No. 35] [April 21, 2015] JOURNAL OF THE SENATE 479 Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 66, entitled A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending section 102 (MCL 450.4102), as amended by 2012 PA 568. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 105 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. 480 JOURNAL OF THE SENATE [April 21, 2015] [No. 35 The following bill was read a third time: Senate Bill No. 67, entitled A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 109 (MCL 450.1109), as amended by 2012 PA 569. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 106 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senators Casperson, Horn, Knezek, O’Brien, Stamas, Schmidt, Schuitmaker, Ananich, Kowall and Shirkey introduced Senate Bill No. 282, entitled A bill to regulate the siting and construction of certain electric transmission lines; to prescribe powers and duties of certain state and local entities and officials; to create a board; to prescribe the board’s powers and duties; and to provide for certain fees. The bill was read a first and second time by title and referred to the Committee on Energy and Technology. Senator Casperson introduced Senate Bill No. 283, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 505 (MCL 324.505). The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. Senators Young, Knezek, Bieda and Gregory introduced Senate Bill No. 284, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1561 and 1578 (MCL 380.1561 and 380.1578), section 1561 as amended by 2009 PA 204. The bill was read a first and second time by title and referred to the Committee on Education. No. 35] [April 21, 2015] JOURNAL OF THE SENATE 481 Senators Hertel, Knezek, Ananich, Bieda, Gregory and Hopgood introduced Senate Bill No. 285, entitled A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,” (MCL 37.2101 to 37.2804) by adding section 202b. The bill was read a first and second time by title and referred to the Committee on Commerce. Senator Proos introduced Senate Bill No. 286, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2012 PA 226. The bill was read a first and second time by title and referred to the Committee on Transportation. Senators Marleau, Colbeck, Robertson, Proos, Nofs, Brandenburg, Casperson, O’Brien, Emmons, Hune, Green, Pavlov, Hildenbrand, Booher, Zorn, Knollenberg, Gregory, Rocca and Jones introduced Senate Bill No. 287, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 17019, 17519, 20187, and 21418. The bill was read a first and second time by title and referred to the Committee on Health Policy. House Bill No. 4271, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 570a (MCL 168.570a). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. House Bill No. 4272, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 642 (MCL 168.642), as amended by 2013 PA 51. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. House Bill No. 4273, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 641 (MCL 168.641), as amended by 2015 PA 2. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. House Bill No. 4274, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 970e (MCL 168.970e), as added by 2012 PA 417. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. House Bill No. 4276, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 963 (MCL 168.963), as amended by 2012 PA 417. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. House Bill No. 4385, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 322 (MCL 168.322), as amended by 2012 PA 276. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. 482 JOURNAL OF THE SENATE [April 21, 2015] [No. 35 Statements Senators Proos and Colbeck asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Proos’ statement is as follows: I appreciate the chance to take a moment of the Senate’s time to discuss an important topic which, quite frankly, falls in line with the resolution that passed today that the Majority Leader spoke of, specifically related to Holocaust Remembrance Day. This week is National Crime Victims’ Rights Week that was established in 1981 by President Ronald Reagan in order to increase public awareness about the rights and services that are available to victims. In fact, our own past member of the Senate, William Van Regenmorter, established the Crime Victim’s Rights Fund here in the state of Michigan and was a champion for crime victims. As the chair of the Corrections and Judiciary budgets, I have the unique opportunity—and really, the challenge—to look at the very difficult issues surrounding crime victims and the issues that face those individuals who are affected by crime in our communities. It isn’t just those individuals who are directly affected or their families. It’s the communities themselves who are victims. The Office for Victims of Crime, part of the United States Department of Justice, strives each day to support all of the victims by engaging communities and empowering those victims. The Office for Victims of Crime maintains the Crime Victim’s Fund, which is financed by fines and penalties paid by convicted offenders. Gifts and donations and bequests are also included. These are not straight tax dollars. They are from individuals who have committed those crimes. Each April, we stop for a few moments to observe the National Crime Victims’ Rights Week, which this year, of course, falls on April 19-25. In fact, tomorrow here in the Capitol, there will be a vigil held in the west wing of our rotunda from 5:00 p.m. to 9:00 p.m. to honor crime victims and to remember those individuals who have been victims of crime in our communities. In fact, it’s important for each and every one of us. Why is it important? It’s important because engaging our entire community will enable us to remember victims, and expand their options for services to ensure those victims are not victimized yet another crime. By promoting these victims’ rights and honoring crime victims, we also advocate for those who cannot speak for themselves. It helps to increase the awareness about issues that we face in our communities, and it helps to encourage that victims’ rights and laws are part of what we do in the state of Michigan. We also provide technical assistance and training through publications and additional resources for law enforcement to provide support for victims and victims’ families. After all, by listening and learning and understanding these victims, we have an ability to figure out just how best to serve, how best to provide support, and in what other ways we can help victims not become victims any longer, but instead, survivors of the tragedy of crime. Please join the members of the Michigan Senate and House, the Governor’s office, and many others who will come together tomorrow for Crime Victims’ Week in the west wing rotunda from 5:00 p.m. to 9:00 p.m. Please, each and every one of us, take a moment and think about how we can be helpful in creating survivors and not victims in our communities. enator Colbeck’s statement is as follows: S Today, I would like to talk about a little-known monument hidden away in a subdivision in Plymouth, MA, where the Pilgrims first landed in America. The monument is known as the National Monument to the Forefathers, but is also known as the Matrix of Liberty. The monument was designed in 1853 and dedicated on August 1, 1889. The monument was paid for by the U.S. Congress and the State Legislature of Massachusetts. It is the largest granite monument in America, and most of us have no idea it exists. I know that my wife and I didn’t when we visited Plymouth several years ago. We saw a replica of the Mayflower and Plymouth Rock, but we did not have a clue that this monument even existed. Ironically, the monument was established as a reminder for how liberty was built in America, should we ever lose our way. On it resides the following inscription: “National Monument to the Forefathers. Erected by a grateful people in remem­ brance of their labors, sacrifices and sufferings for the cause of civil and religious liberty.” The monument consists of a forty-five-foot high octagonal shaft of rusticated granite blocks topped by a huge allegorical figure representing faith. Around the base of the shaft are four buttresses, each adorned with a seated allegorical figure that represents the principles upon which the Pilgrims founded their commonwealth: faith, morality, law, education, and liberty. Small relief figures representing justice, mercy, wisdom, youth, and experience are located on the sides of the seated figures. Faith is a thirty-six-foot high female figure standing at the top of the monument, with her proper left foot resting on Plymouth Rock. She holds a copy of the Geneva Bible in her proper left hand, and she points toward heaven with her raised proper right hand. The pages of the Bible are opened up, which symbolizes that it didn’t sit on a shelf. They read it. All of the other figures on the monument are tied to faith. On the northeast side, at the base of the shaft, is a seated female figure representing morality. She is dressed in long robes, and in her hands, she holds the Ten Commandments and the scroll of Revelation. She has no eyes. She is looking inwardly. No. 35] [April 21, 2015] JOURNAL OF THE SENATE 483 It recognizes that the journey towards morality is an internal struggle rooted in the word of God. It reflects how American society is based on an internal desire to do what is right, rather than having to be forced to do what is right by a king. On the northwest side, at the base of the shaft, is a seated male figure representing law. He is dressed in classical robes, and in his left hand, he holds a tablet. His right hand is extended in mercy. The tablet represents the civil law that we need to provide order. This civil law was built upon mercy and grace. On the southwest side, at the base of the shaft, is a seated female figure representing education. With her proper right hand, she points to a book of knowledge that she holds in her proper left hand. She has trained her children in the way that they should go. The statue conveys that it was the parents’ responsibility to educate our youth. Knowledge was passed down from generation to generation. Our elders and ancestors are represented via a small carving under which the word “wisdom” is shown holding a copy of the Ten Commandments and an open Bible. On the southeast side, at the base of the shaft, is a seated male figure representing liberty. This figure is also known as Liberty Man. He is clothed as a centurion, and in his arms, he holds a sword. Beneath his heel, he crushes the chains of bondage. He holds broken chains in his left hand. He is draped in a lion skin which represents the monarchy. Liberty Man conquered tyranny and sits confidently on a throne of victory. So the formula for America’s success is represented in this monument: faith, morality, law, education, and liberty. This formula starts with faith. Our faith guides the development of an internal morality of heart. This morality reveals itself as a standard of good and bad. It is this standard of good and bad that results in a moral system of law that enforces order and extends grace. It is education that is supposed to teach these principles to future generations so that we may continue to live in freedom. This is the only recipe for freedom that has ever worked. Not only has it worked, but it has brought more joy, more prosperity, and more generosity to more people than any other system of government in the history of the world. We would do well to remember these principles. We would do well to go beyond remembering these principles and committing ourselves to once again embrace these principles, if not for ourselves, then for the sake of future generations of Americans. Committee Reports The Committee on Elections and Government Reform reported Senate Bill No. 8, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 213 (MCL 18.1213), as amended by 2006 PA 269. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David B. Robertson Chairperson To Report Out: Yeas: Senators Robertson, Emmons, Shirkey and Hood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Elections and Government Reform submitted the following: T Meeting held on Thursday, April 16, 2015, at 9:00 a.m., Rooms 402 and 403, Capitol Building Present: Senators Robertson (C), Emmons, Shirkey and Hood Excused: Senator Colbeck The Committee on Appropriations reported Senate Bill No. 115, entitled A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson 484 JOURNAL OF THE SENATE [April 21, 2015] [No. 35 To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau and Knezek Nays: Senators Gregory, Hopgood, Hertel and Young The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 119, entitled A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 121, entitled A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Knollenberg, Nofs, Green, Marleau and Knezek Nays: Senators Schuitmaker, Booher, Shirkey, Proos, Gregory and Hopgood The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 126, entitled A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 128, entitled A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson No. 35] [April 21, 2015] JOURNAL OF THE SENATE 485 To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Hopgood, Hertel and Knezek Nays: Senator Young The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 129, entitled A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 131, entitled A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau and Knezek Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Thursday, April 15, 2015, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young COMMITTEE ATTENDANCE REPORT he Committee on Energy and Technology submitted the following: T Meeting held on Thursday, April 16, 2015, at 3:15 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Nofs (C), Proos, Shirkey, Zorn, Hopgood and Knezek Excused: Senators Horn, Schuitmaker, Hune and Smith Scheduled Meetings Appropriations - Wednesday, April 22, and Thursday, April 23, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1801) Families, Seniors and Human Services - Wednesday, April 22, 3:00 p.m., Room 210, Farnum Building (373-5323) 486 JOURNAL OF THE SENATE [April 21, 2015] [No. 35 Health Policy - Wednesday, April 22, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) (CANCELED) Michigan Law Revision Commission - Wednesday, May 13, 11:30 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212) Natural Resources - Wednesday, April 22, 12:30 p.m., Room 210, Farnum Building (373-5314) Outdoor Recreation and Tourism - Wednesday, April 22, 12:30 p.m., Room 110, Farnum Building (373-1721) Regulatory Reform - Wednesday, April 22, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323) Transportation - Thursday, April 23, 8:30 a.m., Room 210, Farnum Building (373-5323) Veterans, Military Affairs and Homeland Security - Thursday, April 23, 2:00 p.m., Room 110, Farnum Building (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:11 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, April 22, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 36 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, April 22, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 488 JOURNAL OF THE SENATE [April 22, 2015] [No. 36 ather Jim Smalarz of St. John Baptist Church of Monroe offered the following invocation: F In the name of the Father, of the Son, and of the Holy Spirit, may the grace and peace of our Lord Jesus Christ, the love of God, and the fellowship of the Holy Spirit be with all of you. Almighty and ever-living God, You are the Alpha and the Omega, the beginning and the end, the provider of all goodness in our lives. You are the foundation upon which this great nation was built. Our nation’s forefathers remained true to their Christian faith to help guide and direct their efforts in building a just society founded on freedom, truth, justice, morals, and love of mankind, as revealed in and through Jesus Christ. We pray today for Rick Snyder, the Governor of the great state of Michigan, for the members of the State Senate, the State House of Representatives, for all judges, elected officials, and all who are entrusted to guard our political welfare. May they be enabled by Your powerful protection to discharge their duties with honesty, integrity, and justice. May the light of Your wisdom, Almighty God, direct the deliberations of all elected officials and shine forth in all proceedings and laws framed for our rule of government. May they seek to preserve peace, promote national happiness, and continue to bring us the blessings of liberty and equality for all citizens. We likewise commend to Your unbounded love and mercy all the citizens of the state of Michigan that we may be blessed in the knowledge and sanctified in the observance of Your holy law. May we be preserved in Your love and peace, which the world cannot give, as we strive eagerly to fulfill Your mission in this life so that one day we may come to enjoy eternal life in heaven with Jesus, Mary, and all the angels and saints. We ask You, loving and gracious God, to hear all the prayers we offer You this day. In the name of Jesus Christ our Lord. Amen. In the name of the Father, of the Son, and of the Holy Spirit. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Knollenberg entered the Senate Chamber. enator Hood moved that Senators Hopgood and Young be temporarily excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Meekhof and Shirkey admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, April 21: House Bill Nos. 4168 4175 4244 Messages from the Governor The following messages from the Governor were received and read: April 17, 2015 I respectfully submit to the Senate the following appointment to office: Director - Office of the State Employer Marie Louise Waalkes of 6621 Windsong Way, Lansing, Michigan 48917, county of Ingham, is appointed for a term com­ mencing April 26, 2015, and expiring at the pleasure of the Governor. April 17, 2015 I respectfully submit to the Senate the following appointment to office: State Treasurer - State of Michigan Naif A. Khouri of 49988 Powell Ridge Court, Plymouth, Michigan 48170, county of Wayne, is appointed for a term com­ mencing April 19, 2015, and expiring at the pleasure of the Governor. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. No. 36] [April 22, 2015] JOURNAL OF THE SENATE 489 By unanimous consent the Senate proceeded to the order of Third Reading of Bills Senator Kowall moved that the following bill be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 196 The motion prevailed. Senators Booher and Hopgood entered the Senate Chamber. The following bill was read a third time: Senate Bill No. 196, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 217c, 217f, 248c, and 252a (MCL 257.217c, 257.217f, 257.248c, and 257.252a), section 217c as amended by 2002 PA 642, sections 217f and 248c as amended by 1993 PA 300, and section 252a as amended by 2008 PA 539. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 107 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Young Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions enate Resolution No. 22. S A resolution to encourage the Chicago Area Waterway System Advisory Committee to fully consider all options, including complete hydrologic separation, to protect the Great Lakes from Asian carp and to move as quickly as possible to determine the best long-term solution. 490 JOURNAL OF THE SENATE [April 22, 2015] [No. 36 The question being on the adoption of the following committee substitute: Substitute (S-1). The substitute was adopted. The resolution as substituted was adopted. enate Resolution No. 23. S A resolution to call on the Obama Administration and the Congress of the United States to direct the U.S. Army Corps of Engineers to close the connection between the Great Lakes and Mississippi River basins through Chicago to prevent Asian carp from entering the Great Lakes. The question being on the adoption of the following committee substitute: Substitute (S-1). The substitute was adopted. The resolution as substituted was adopted. enate Resolution No. 25. S A resolution to memorialize the Congress of the United States to pass legislation that authorizes the U.S. Army Corps of Engineers to implement measures at the Brandon Road lock and dam to prevent Asian carp from entering the Great Lakes. The question being on the adoption of the resolution, The resolution was adopted. Senator Young entered the Senate Chamber. Senators Stamas, Brandenburg, Proos, Schmidt, MacGregor, Hood, Hansen, Booher, Horn, Hildenbrand, Bieda, Knollenberg, Jones, Marleau, Ananich, Gregory, Rocca, Hertel, Zorn and Shirkey offered the following resolution: Senate Resolution No. 38. A resolution to commemorate April 22, 2015, as Multiple Sclerosis State Action Day. Whereas, Multiple sclerosis can impact men and women of all ages, races, and ethnicities. More than 400,000 Americans live with autoimmune disorder; and Whereas, Every hour of every day, someone in the United States is newly diagnosed with multiple sclerosis. Approximately 18,000 Michigan residents have been diagnosed with multiple sclerosis; and Whereas, The exact cause of multiple sclerosis is still unknown, and the symptoms are unpredictable and vary from person to person; and Whereas, There is no diagnostic laboratory test available for multiple sclerosis. It is not genetic, contagious, or directly inherited, but studies show there are genetic factors that indicate certain individuals are susceptible to the disease; and Whereas, Multiple sclerosis symptoms occur when an immune system attack affects the myelin in nerve fibers of the central nervous system, damaging or destroying it, and replaces it with scar tissue, thereby interfering with or preventing the transmission of nerve signals; and Whereas, There is no known cure for multiple sclerosis; and Whereas, The goals of Multiple Sclerosis State Action Day is to invite people to join the movement to end multiple sclerosis; encourage everyone to do something to demonstrate their commitment to moving toward a world free of multiple sclerosis; and acknowledge those who have dedicated their time and talent to help promote multiple sclerosis research and programs; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate April 22, 2015, as Multiple Sclerosis State Action Day; and be it further Resolved, That this legislative body supports the goals and ideals of Multiple Sclerosis State Action Day; and be it further Resolved, That this legislative body encourages media organizations to participate in Multiple Sclerosis State Action Day, and help educate the public about multiple sclerosis; and be it further Resolved, That this legislative body recognizes and reaffirms the commitment of the National Multiple Sclerosis Society to combat multiple sclerosis by promoting awareness about its causes and risks and promoting new education programs, supporting research, and expanding access to medical treatment; and be it further Resolved, That this legislative body recognizes all people in Michigan living with multiple sclerosis; expresses gratitude to their family members and friends who are a source of love and encouragement to them; and salutes the health care professionals and medical researchers who provide assistance to those so afflicted and continue to work to find cures and improve treatments; and be it further Resolved, That a copy of this resolution be transmitted to the National Multiple Sclerosis Society Michigan Chapter as a token of our esteem. No. 36] [April 22, 2015] JOURNAL OF THE SENATE 491 ending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, P Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Emmons, Green, Hopgood, O’Brien, Robertson and Warren were named co‑sponsors of the resolution. Senators Stamas and Gregory asked and were granted unanimous consent to make statements and moved that the state­ ments be printed in the Journal. The motion prevailed. Senator Stamas’ statement is as follows: Senate Resolution No. 38 declares April 22, 2015, as Multiple Sclerosis State Action Day. MS is an autoimmune disease that affects over 18,000 Michiganders and over 400,000 people across the U.S. There is currently no cure, but studies and more research are being done every day. It is vital that we, as legislators, take time to recognize the impact this disease has on our citizens and on our state’s families. I encourage everyone today to help the Michigan MS Chapter in their efforts to spread the word and promote awareness of research and programs related to multiple sclerosis. enator Gregory’s statement is as follows: S In case some of you are wondering if this is a snazzy dress day, orange is the MS color for the day. The orange shirt and the orange tie is part of MS awareness. Joining us today for the MS State Action Day is Leonard Bertin, the Government Relations chair, and Kim Scott with the Board of Trustees. I ask that my colleagues join with us in welcoming these members from the MS Society. enator Schuitmaker offered the following resolution: S Senate Resolution No. 39. A resolution to commemorate the week of April 19-25, 2015, as Crime Victims’ Rights Week in the state of Michigan. Whereas, With the implementation of the Crime Victim’s Rights Act in 1985 and the passage of a constitutional amendment in 1988, the state of Michigan has adopted some of the nation’s most comprehensive laws to protect the rights of crime victims; and Whereas, Crime victims possess the right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process. All of us must do what we can to adhere not only to the crime victim’s rights laws, but to the spirit of those laws as well. Let us acknowledge that just as government must be open to its citizens, so our system of justice must be open to victims of crime; and Whereas, Though Michigan continues to make strides in reducing the crime rate, there are still far too many victims of crime. Michigan families reported thousands of new victims of crime last year, and research consistently indicates that less than half of all crimes are reported. The most recent National Intimate Partner and Sexual Violence Survey results estimated that today in Michigan, there are over 1 million survivors of sexual assault; and Whereas, The literally millions of Michigan citizens who have suffered a violation of their person, property, or trust deserve to be treated with dignity and respect by our criminal and juvenile justice systems and by society at-large; and Whereas, The national theme for 2015 is “Engaging Communities. Empowering Victims.” The entire community has a role to play in preventing crime and offering support; and Whereas, Involving survivors helps victim service providers and criminal justice professionals understand the culture, values, and expectations of under- and unserved victims who seek assistance and justice; and Whereas, Engaging victims’ communities and learning from leaders about their unique needs helps service providers foster a supportive atmosphere in which victims seek help and healing; and Whereas, Incorporating communities’ existing experts and trusted sources of support into efforts to fully serve survivors will develop a criminal justice system response that is truly accessible and appropriate for all victims of crime; and Whereas, Victims know best how to direct and manage their own lives, and true recovery from crime will incorporate a victim’s cultural, religious, economic, social, and personal interests; and Whereas, With the full weight of their community and victim service providers behind them, survivors will feel empowered to face their grief, loss, fear, anger, and shame without fear of judgment and will feel understood and worthy of support; and Whereas, National Crime Victims’ Rights Week, April 19-25, 2015, is an opportune time to commit to ensuring that all victims of crime are offered accessible and appropriate services in the aftermath of crime; now, therefore, be it Resolved by the Senate, That we hereby commemorate the week of April 19-25, 2015, as Crime Victims’ Rights Week in the state of Michigan and reaffirm this state’s commitment to protecting the rights of crime victims; and be it further Resolved, That we express our sincere gratitude and appreciation for those community members, victim service providers, and criminal justice professionals who are committed to improving our response to all victims of crime so that they may find relevant assistance, support, justice, and peace. 492 JOURNAL OF THE SENATE [April 22, 2015] [No. 36 ending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, P Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Ananich, Bieda, Booher, Brandenburg, Emmons, Green, Gregory, Hansen, Hertel, Hildenbrand, Hood, Hopgood, Knollenberg, MacGregor, O’Brien, Proos, Robertson, Schmidt and Warren were named co‑sponsors of the resolution. Senator Schuitmaker asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Schuitmaker’s statement is as follows: I rise with my good friend from the 9th District to ask for your support of Senate Resolution No. 39, which recognizes this week as Crime Victims’ Rights Week in Michigan. Across the country, this week is being recognized as a time to honor and remember victims of crime. I would also invite each of you to the Crime Victims’ Vigil happening tonight in the rotunda at 6:00 p.m. I have been involved in this event for many years, and it is a somber but healing event. All of us represent someone who has been the victim of crime. This event is an occasion for crime victims, and I know that they will be grateful for your attendance. Senator Bieda is one of the co-hosts of tonight’s event, and I will be offering the keynote address. He, as well, will be speaking and will highlight the steps that the Legislature has taken to support the crime victim community. Again, I ask for your support of this resolution and for crime victims across this great state. ouse Concurrent Resolution No. 3. H A concurrent resolution to urge the U.S. Department of Defense Missile Defense Agency to select the Fort Custer Training Center as the location for a new ground based interceptor ballistic missile defense mission. Whereas, The Fort Custer Training Center is one of four sites being considered for a new ground based interceptor ballistic missile defense mission. Fort Custer is a 7,500 acre Michigan National Guard installation that supports all branches of the Armed Services as well as law enforcement agencies and Federal partners. The training center and the nearby Air National Guard Base are integral to the economy of Southwest Michigan providing more than $22 million in total wages and salaries and $26 million in gross regional product. The community surrounding the Fort Custer Training Center embraces the soldiers and their families, supporting their missions and realizing how important their duties are to our nation; and Whereas, The Fort Custer Training Center is nationally recognized by the Department of Defense for its superior environ­ mental stewardship, having won numerous environmental and energy awards from the Department of the Army; and the selection of the ground based interceptor ballistic missile defense mission will rely heavily on the Installation’s ability to support the mission and protect the environment; therefore Fort Custer’s respect for the environment makes it a logical choice for the site selection; and Whereas, The final site selection must be based upon the Installation’s ability to support the mission of the ground based interceptor ballistic missile defense mission, but the cost to U.S. taxpayers to complete that mission should be important in the site selection process for the U.S. Department of Defense Missile Defense Agency. Fort Custer can support the mission and will provide the best value for U.S. taxpayers; and Whereas, The selection of the training center as the location for a new ground based interceptor ballistic missile defense mission would have significant economic impact on the region. An estimated $700 million in new construction and 2,100 new direct and associated jobs could be realized in the Calhoun and Kalamazoo counties if the defense system were built here. An analysis prepared by the W.E. Upjohn Institute for Employment Research advises the project would have a $3.2 billion economic impact on the region’s economy; and Whereas, The ground based interceptor ballistic missile defense system is the key defense tool protecting our state and nation from ballistic missile attacks. The placement of the ballistic missile defense system in Battle Creek will take full advantage of Fort Custer’s strategic location and security. Michigan is prepared to support the construction and operation of the new missile defense system, as well as the military personnel who will maintain it; now, therefore, be it Resolved by the House of Representatives, (the Senate concurring), That we urge the U.S. Department of Defense, Missile Defense Agency to select the Fort Custer Training Center as the location for a new ground based interceptor ballistic missile defense mission; and be it further Resolved, That copies of this resolution be transmitted to the United States Missile Defense Agency, the United States Secretary of Defense, and the members of the Michigan congressional delegation. The House of Representatives has adopted the concurrent resolution. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. No. 36] [April 22, 2015] JOURNAL OF THE SENATE 493 The question being on the adoption of the concurrent resolution, Senator Kowall moved that the concurrent resolution be referred to the Committee on Veterans, Military Affairs and Homeland Security. The motion prevailed. Senators Ananich, Bieda, Booher, Emmons, Green, Gregory, Hansen, Hopgood, MacGregor, O’Brien, Proos and Schmidt were named co‑sponsors of the concurrent resolution. Introduction and Referral of Bills Senators Smith and Hune introduced Senate Bill No. 288, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3101, 3104, 3113, 3114, 3115, 3135, 3301, and 3310 (MCL 500.3101, 500.3104, 500.3113, 500.3114, 500.3115, 500.3135, 500.3301, and 500.3310), section 3101 as amended by 2014 PA 492, section 3104 as amended by 2002 PA 662, section 3113 as amended by 2014 PA 489, section 3114 as amended by 2002 PA 38, section 3135 as amended by 2012 PA 158, and section 3310 as amended by 2001 PA 228, and by adding chapter 32A. The bill was read a first and second time by title and referred to the Committee on Insurance. Senator O’Brien introduced Senate Bill No. 289, entitled A bill to prohibit the bad-faith assertion of patent infringements; to provide remedies for the bad-faith assertion of patent infringements; to provide for the powers and duties of the attorney general; and to authorize the promulgation of rules. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4168, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 42a (MCL 211.42a), as amended by 2012 PA 461. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Local Government. House Bill No. 4175, entitled A bill to amend 1994 PA 351, entitled “Equine activity liability act,” by amending section 5 (MCL 691.1665). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Agriculture. House Bill No. 4244, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 73301 (MCL 324.73301), as amended by 2007 PA 174. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. Statements Senator Schmidt asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Schmidt’s statement is as follows: It is with a heavy heart, and many of you know, that Senator Robert P. Griffin, a gentleman from Traverse City, passed away last week. On behalf of myself and Senator Jim Stamas, we had two flags flown over the Michigan Capitol and the Hall of Justice that we want to present to the family today. We do have the grandson of Senator Griffin, or Justice Griffin depending on how you knew him, in the west Gallery, Jason Griffin is here. I just wanted to take a moment to recognize Jason and make sure that he knows that our thoughts and prayers are with the family with the passing of Senator Griffin and in remembrance present to him and the family those flags. The Assistant President pro tempore, Senator O’Brien, assumed the Chair. 494 JOURNAL OF THE SENATE [April 22, 2015] [No. 36 Scheduled Meetings Appropriations - Thursday, April 23, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1801) (CANCELED) Michigan Law Revision Commission - Wednesday, May 13, 11:30 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212) Transportation - Thursday, April 23, 8:30 a.m., Room 210, Farnum Building (373-5323) Veterans, Military Affairs and Homeland Security - Thursday, April 23, 2:00 p.m., Room 110, Farnum Building (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:32 a.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Thursday, April 23, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 37 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, April 23, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—excused Stamas—present Warren—present Young—present Zorn—present 496 JOURNAL OF THE SENATE [April 23, 2015] [No. 37 Muna Jondy of Flint Islamic Center of Swartz Creek offered the following invocation: In the name of God, most gracious and most merciful; all praise is due to God, Lord of the world, the compassionate, and the merciful. You are the master of the day of judgment. It is You alone we worship, and it is You alone whom we ask for help. Guide us to the straight path, the path of those upon whom You have bestowed favor; not the path of those who have earned Your scorn, nor of those who go astray. We ask You, dear God, to send Your blessings down upon this great state; to give its residents the resilience to climb out of this economic crisis that has engulfed us; and may You allow us to come out stronger than ever. May You give us the insight to understand the flaws in our past decisions as we seek a better future for this state and for this nation. We ask that You continue to bless, grow, and guide our educational institutions—high schools, colleges, and universities—  that are the foundation for our future generation of leaders. We ask You to grant this state prosperity. We ask You to open our hearts and remove from them all prejudice, hate, and intolerance that we may have for one another, and instead, fill our hearts with love, compassion, and understanding for one another. We ask You to increase this governing body in wisdom, strength, and courage to do what is best and what is right for all the residents of Michigan. You are the most just and most merciful. Please grant these leaders the ability to lead this state with honesty and integrity. We ask You to bless this state and all of its residents and to bless our great country. Thank You. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Schmidt and MacGregor admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Smith be excused from today’s session. S The motion prevailed. The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, April 22: House Bill Nos. 4173 4354 The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, April 22, for his approval the following bills: Enrolled Senate Bill No. 160 at 12:10 p.m. Enrolled Senate Bill No. 18 at 12:12 p.m. Enrolled Senate Bill No. 19 at 12:14 p.m. The Secretary announced that the following bills were printed and filed on Wednesday, April 22, and are available at the Michigan Legislature website: Senate Bill Nos. 282 283 284 285 286 287 288 289 House Bill Nos. 4476 4477 4478 4479 4480 4481 4482 4483 4484 4485 4486 4487 4488 4489 4490 4491 4492 4493 4494 4495 4496 4497 4498 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:06 a.m. No. 37] [April 23, 2015] JOURNAL OF THE SENATE 497 10:22 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator MacGregor introduced the Wyoming Godwin Heights High School Boys Varsity Basketball Team, MHSAA Class B State Champions, and Coach Tyler Whittmore; and presented them with a with a Special Tribute. Coach Whittmore responded briefly. During the recess, Senator Schmidt introduced the St. Ignace Girls Varsity Basketball Team, MHSAA Class D State Cham­ pions, and Coach Dorene Ingalls; and presented them with a Special Tribute. Coach Ingalls and team captain Margo Brown responded briefly. During the recess, Senator Young entered the Senate Chamber. Senator Meekhof asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Meekhof’s statement is as follows: Today marks a bittersweet day for the Senate Republican Caucus as we bid farewell to Steve Ewers. Few people possess the skills and abilities that Steve has and blessed our caucus with for more than 17 years he has served the Senate Majority Communications Office. Throughout his tenure working for six majority leaders, Steve has met every challenge with professionalism and a level of quality befitting of this prestigious body. Steve has developed and mastered complex processes that over the years have enabled Senators to more easily connect with citizens. Always at the technological forefront, Steve worked to establish the Senate’s first state-of-the-art video studio, which has helped define and disseminate the Senate Republican message through some of the most influential legislative periods in Michigan’s history. One thing you may not know about Steve is that he is a man of many talents. An accomplished musician, he and his band regularly play to captive audiences throughout Michigan. Perhaps Steve’s greatest accomplishment and what makes him the most proud is his role as a loving and dedicated father to his daughter Willow. While Steve may be leaving our side of the aisle, he’s not going far as he moves on to the Secretary of the Senate’s office as director of SenTel. Please join me in thanking Steve for his years of service. He will be greatly missed. Messages from the Governor The following message from the Governor was received: Date: April 22, 2015 Time: 2:56 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 160 (Public Act No. 17), being An act to amend 1909 PA 279, entitled “An act to provide for the incorporation of cities and for revising and amending their charters; to provide for certain powers and duties; to provide for the levy and collection of taxes by cities, borrowing of money, and issuance of bonds or other evidences of indebtedness; to validate actions taken, bonds issued, and obligations heretofore incurred; to prescribe penalties and provide remedies; and to repeal acts and parts of acts on specific dates,” by amending section 36a (MCL 117.36a), as amended by 2011 PA 143. (Filed with the Secretary of State on April 22, 2015, at 3:20 p.m.) Respectfully, Rick Snyder Governor Messages from the House enate Bill No. 12, entitled S A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2013 PA 112. 498 JOURNAL OF THE SENATE [April 23, 2015] [No. 37 Substitute (H-1). The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 108 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Smith Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate proceeded to the order of Resolutions enators Knollenberg and Kowall offered the following resolution: S Senate Resolution No. 40. A resolution marking the 100th Anniversary of the 1915 Armenian Genocide. Whereas, On April 24, 1915, the Ottoman Turkish government began a premeditated campaign of ethnic cleansing and genocide against its Christian Armenian minority population, resulting in the death of an estimated 1.5 million Armenians that continued until 1923; and Whereas, On July 16, 1915, U.S. Ambassador to the Ottoman Empire, Henry Morgenthau, wrote to the U.S. Secretary of State, Robert Lansing, and reported: “Deportation of and excesses against peaceful Armenians is increasing and from harrowing reports of eye witnesses it appears that a campaign of race extermination is in progress”; and Whereas, On May 28, 1951, the United States government submitted a statement to the International Criminal Court which stated: “The Roman persecution of the Christians, the Turkish massacres of Armenians, the extermination of millions of Jews and Poles by the Nazis are examples of the crime of genocide”; and Whereas, The U.S. House of Representatives has officially acknowledged the 1915 Armenian Genocide through adopted legislation in 1975 and 1984; and No. 37] [April 23, 2015] JOURNAL OF THE SENATE 499 Whereas, On April 22, 1981, President Ronald Reagan issued a proclamation which stated: “Like the genocide of the Armenians before it, and the genocide of the Cambodians which followed it—and like too many other such persecutions of too many other peoples—the lessons of the Holocaust must never be forgotten”; and Whereas, The state of Michigan recognizes the Armenian Genocide and the importance of teaching about it in the state of Michigan. Recognition and reaffirmation of this tragedy educates people about the horrors of man’s inhumanity to man and works to prevent future occurrences of genocides; and Whereas, We call on the people of the United States and the state of Michigan to observe such day as a day of remem­ brance for all the victims of genocide, especially those of Armenian ancestry; and Whereas, Armenian Americans contribute richly to Michigan’s social mosaic and add to the political, educational, and economic development of this state; now, therefore, be it Resolved by the Senate, That educators in the state of Michigan are encouraged to teach about human rights, the Armenian Genocide, and the consequences of genocide denial beginning at the high school level. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Colbeck, Green, Gregory, Hansen, Hertel, Hildenbrand, Hopgood, Horn, MacGregor, Marleau, O’Brien, Pavlov, Proos, Robertson, Schuitmaker, Stamas and Warren were named co‑sponsors of the resolution. Senator Knollenberg asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Knollenberg’s statement is as follows: Mr. President and fellow Senators, I rise today with a heavy heart to remember 1.5 million Armenians who were killed a century ago because of their Christian faith. On that day, 100 years ago tomorrow, for reasons that nobody can explain, the Ottoman Turkish government arrested hundreds of Armenian leaders. In the two years that followed, over 1 million others were slaughtered. Those who survived were put into forced labor. Any wives, children, friends, or neighbors who remained were led on death marches into the Syrian Desert. Right now, the relatives of those who perished, including my wife Lori, whose family is Armenian, are joining others like them throughout the world in remembering the souls who perished at the hand of tyranny and religious persecution of the most brutal kind 100 years ago. With us today in the north Gallery are some Armenian Americans who support this resolution. Let us all join them on this day by not only remembering, but by doing what we can to make sure the world never forgets the fatal lessons of the Armenian Genocide. enators Schmidt and Stamas offered the following resolution: S Senate Resolution No. 41. A resolution of tribute offered as a memorial for Robert P. Griffin, former U.S. Senator, U.S. Representative, and Michigan Supreme Court Justice. Whereas, It is with great sadness that this legislative body learned of the passing of Robert P. Griffin. A soft-spoken yet feisty leader, he proved to be a strong advocate in Washington, D.C., for the state of Michigan during his twenty-two years in Congress. His subsequent service as a justice on the Michigan Supreme Court left a permanent impression on state law; and Whereas, Born in Detroit on November 6, 1923, Robert P. Griffin dedicated his life to serving the people of Michigan. After serving in the Army during World War II, he graduated from Central Michigan University in 1947 and received a law degree from the University of Michigan in 1950. He was first in his family to attend college, and he went on to practice law in Traverse City; and Whereas, In 1956, Robert P. Griffin was first elected to the U.S. House of Representatives from Michigan’s Ninth Con­gres­ sional District, which formerly encompassed much of Northern Michigan. In 1959, he co-authored the Labor-Management Reporting and Disclosure Act, also known as the Landrum-Griffin Act, to address concerns of corruption and organized crime in the national labor movement. He was the leader of a group of progressive Republicans, known as the Young Turks, who managed to replace Republican Leader Charles Halleck with Gerald Ford; and Whereas, Following the unexpected death of Senator Patrick V. McNamara in 1966, Robert P. Griffin was appointed by Governor George Romney to fill the vacant seat. He was re-elected twice in 1966 and 1972. He successfully led the filibuster of Associate Justice Abe Fortas’ nomination by President Johnson to Chief Justice in 1968 and served as Minority Whip from 1969 until 1977. He was a member of the Senate Judiciary and Foreign Relations Committees; and 500 JOURNAL OF THE SENATE [April 23, 2015] [No. 37 Whereas, Robert P. Griffin’s decision to vote for President Nixon’s impeachment is considered to be the final straw that led to the President’s resignation as a result of the Watergate scandal; and Whereas, After decades of service to the citizens of Michigan and many years of happy retirement in Traverse City spent with his wife Marjorie and their family, we now mourn Robert P. Griffin’s passing. Michigan has lost a true and honorable statesman, and through his actions on behalf of the people of this state, his legacy will not be forgotten; now, therefore, be it Resolved by the Senate, That we offer this expression of our highest tribute to honor the memory of Robert P. Griffin, a member of the U.S. House of Representatives from 1957 to 1966, a U.S. Senator from 1966 to 1979, and a Michigan Supreme Court Justice from 1987 until his retirement in 1994; and be it further Resolved, That copies of this resolution be transmitted to the Griffin family as evidence of our lasting esteem for his memory. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senator Kowall moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Gov­ ernor as co‑sponsors of the resolution. The motion prevailed, a majority of the members serving voting therefor. Senator Schmidt asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Schmidt’s statement is as follows: As we mentioned yesterday and we have a member of the Griffin family here today, we have flags flown over our State Capitol and Hall of Justice at half-staff. It is today that we formally recognize and remember U.S. Senator and Michigan Supreme Court Justice Robert P. Griffin. He was born in Detroit, went to Central Michigan University, the first in his family to do so, and served as a World War II veteran earning two battle stars. When he returned home, he attended the University of Michigan Law School. It was after law school that he met Marjorie. They were married for 67 years and made Traverse City their home. He served 10 years in the U.S. House of Representatives. One of the major pieces of legislation that he worked on was, in a bipartisan fashion, the Landrum-Griffin Act of 1959, working on labor relations. That piece of legislation is still very active in labor relations. After that, he served for 12 years in the U.S. Senate, appointed by Governor Romney with the passing of our previous U.S. Senator, and won re-election twice. He served with six Presidents and was, of course, very good friends with our beloved President Ford, also from Michigan. Following that, he served for eight years on the U.S. Supreme Court. I know that many of you have already read his obituary, but I just wanted a formal recognition for someone I think died having his many Republican friends and his Democratic friends. I think we saw in all of the newspaper and radio reports just how many people really respected that Senator. I hope he will serve as an inspiration for the entire state as he does for me. Introduction and Referral of Bills Senators Gregory, Brandenburg, Bieda, Hertel, Nofs, Green, Johnson, Ananich, Stamas, Knezek, Schmidt, Rocca, Hopgood, Young, Hood, Booher, Kowall and Smith introduced Senate Bill No. 290, entitled A bill to amend 1974 PA 370, entitled “Vietnam veteran era bonus act,” by amending sections 2, 7, and 11 (MCL 35.1022, 35.1027, and 35.1031), sections 2 and 11 as amended by 1980 PA 194. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Home­ land Security. Senators Bieda, Jones, Hood, Gregory, Johnson, Warren, Knezek, Young, Hertel, Kowall, Casperson, Colbeck, Smith, Hopgood, Ananich and Green introduced Senate Bill No. 291, entitled A bill to provide compensation and other relief for individuals wrongfully imprisoned for crimes; to prescribe the powers and duties of certain state governmental officers and agencies; and to provide remedies. The bill was read a first and second time by title and referred to the Committee on Appropriations. No. 37] [April 23, 2015] JOURNAL OF THE SENATE 501 Senators Proos, Booher, Casperson, Robertson, Stamas, Pavlov, Schuitmaker, MacGregor, Hansen, Marleau, Knollenberg and Hildenbrand introduced Senate Bill No. 292, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 367 (MCL 18.1367), as amended by 1999 PA 8. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senators Booher, Proos, Casperson, Robertson, Stamas, Pavlov, Schuitmaker, MacGregor, Hansen, Knollenberg, Marleau and Hildenbrand introduced Senate Bill No. 293, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 367b (MCL 18.1367b), as amended by 2011 PA 47. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator O’Brien introduced Senate Bill No. 294, entitled A bill to amend 1972 PA 348, entitled “An act to regulate relationships between landlords and tenants relative to rental agreements for rental units; to regulate the payment, repayment, use and investment of security deposits; to provide for commencement and termination inventories of rental units; to provide for termination arrangements relative to rental units; to provide for legal remedies; and to provide penalties,” by amending the title and section 1 (MCL 554.601), section 1 as amended by 1995 PA 79, and by adding sections 1d, 1e, 1f, and 1g. The bill was read a first and second time by title and referred to the Committee on Local Government. Senators Hopgood, Knezek, Ananich, Smith, Hertel, Warren, Young, Hood, Johnson, Gregory and Bieda introduced Senate Bill No. 295, entitled A bill to amend 2008 PA 295, entitled “Clean, renewable, and efficient energy act,” by amending sections 21, 23, 25, 27, and 31 (MCL 460.1021, 460.1023, 460.1025, 460.1027, and 460.1031). The bill was read a first and second time by title and referred to the Committee on Energy and Technology. Senators Knezek, Hopgood, Ananich, Smith, Hertel, Warren, Young, Hood, Johnson, Gregory and Bieda introduced Senate Bill No. 296, entitled A bill to amend 2008 PA 295, entitled “Clean, renewable, and efficient energy act,” by amending section 77 (MCL 460.1077). The bill was read a first and second time by title and referred to the Committee on Energy and Technology. Senators Hopgood, Knezek, Ananich, Smith, Hertel, Warren, Young, Hood, Johnson, Gregory and Bieda introduced Senate Bill No. 297, entitled A bill to amend 2008 PA 295, entitled “Clean, renewable, and efficient energy act,” by amending sections 7, 11, 37, 45, and 47 (MCL 460.1007, 460.1011, 460.1037, 460.1045, and 460.1047); and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Energy and Technology. House Bill No. 4173, entitled A bill to amend 1993 PA 330, entitled “State real estate transfer tax act,” by amending sections 3 and 6 (MCL 207.523 and 207.526), as amended by 2008 PA 473. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. House Bill No. 4354, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2021, 2108, 2112, 2406, 2458, 2606, and 2652 (MCL 500.2021, 500.2108, 500.2112, 500.2406, 500.2458, 500.2606, and 500.2652), section 2021 as added by 1982 PA 7, section 2112 as amended by 2012 PA 454, section 2406 as amended by 1993 PA 200, and sec­ tion 2458 as amended by 1988 PA 262. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Insurance. 502 JOURNAL OF THE SENATE [April 23, 2015] [No. 37 Committee Reports The Committee on Judiciary reported Senate Bill No. 204, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending sections 213 and 215 (MCL 18.1213 and 18.1215), section 213 as amended by 2006 PA 269 and section 215 as amended by 1988 PA 504. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4038, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5718 (MCL 600.5718). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker and Colbeck Nays: Senator Bieda The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4069, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11 of chapter II (MCL 762.11), as amended by 2004 PA 239. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4160, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 234e (MCL 750.234e), as added by 1990 PA 321. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. No. 37] [April 23, 2015] JOURNAL OF THE SENATE 503 The Committee on Judiciary reported House Bill No. 4161, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 222 (MCL 750.222), as amended by 2012 PA 242. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4169, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13 of chapter II (MCL 762.13), as amended by 2004 PA 239. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 153, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 625a and 625c (MCL 257.625a and 257.625c), as amended by 2014 PA 315. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker and Colbeck Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4135, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12 of chapter II (MCL 762.12), as amended by 1994 PA 286. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, April 21, 2015, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda 504 JOURNAL OF THE SENATE [April 23, 2015] [No. 37 The Committee on Regulatory Reform reported Senate Bill No. 271, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 1014. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, Marleau, Hune, Warren, Hertel and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Regulatory Reform reported House Bill No. 4054, entitled A bill to amend 1987 PA 96, entitled “The mobile home commission act,” by amending sections 2, 4, 16, 17, 43, and 48 (MCL 125.2302, 125.2304, 125.2316, 125.2317, 125.2343, and 125.2348), section 2 as amended by 2012 PA 588, sections 4, 16, and 17 as amended by 2006 PA 328, and section 43 as added by 1988 PA 337, and by adding sections 48b and 50. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, Marleau, Hune, Warren, Hertel and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Regulatory Reform submitted the following: T Meeting held on Wednesday, April 22, 2015, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Rocca (C), Jones, Knollenberg, Kowall, Marleau, Hune, Warren, Hertel and Johnson COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, April 21, 2015, at 8:30 a.m., Room 110, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, April 21, 2015, at 12:30 p.m., Room 100, Farnum Building Present: Senators Zorn (C), Proos, Rocca and Young Excused: Senator Brandenburg COMMITTEE ATTENDANCE REPORT he Committee on Natural Resources submitted the following: T Meeting held on Wednesday, April 22, 2015, at 12:30 p.m., Room 210, Farnum Building Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren COMMITTEE ATTENDANCE REPORT he Committee on Outdoor Recreation and Tourism submitted the following: T Meeting held on Wednesday, April 22, 2015, at 12:30 p.m., Room 110, Farnum Building Present: Senators Hansen (C), Zorn, Schmidt, Green and Johnson No. 37] [April 23, 2015] JOURNAL OF THE SENATE 505 COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, April 23, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Marleau and Hopgood Excused: Senator Pavlov Scheduled Meetings Judiciary - Tuesday, April 28, 3:00 p.m., Room 110, Farnum Building (373-1721) Michigan Law Revision Commission - Wednesday, May 13, 11:30 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:50 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, April 28, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 506 No. 38 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, April 28, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 508 JOURNAL OF THE SENATE [April 28, 2015] [No. 38 ishop Adolphus Cast of Life Application Ministries of Warren offered the following invocation: B Almighty God, You have given us this great country as our heritage to govern. We will remember always Your gener­ osity and faithfulness for this high level of legislative power. Bless our state, especially those who serve it. Bless them with honesty, truthfulness, and an honorable way of life. Defend our liberty, and strengthen the people who have come from throughout the world to make America and the state of Michigan their home. Lead us to choose the harder right instead of the easier wrong. Help us to appreciate the opportunities that are still ours as we struggle to bring harmony to an unsung world. My we balance our concern for justice with mercy and our concern for security with the willingness to take a risk with others that will produce a worthwhile change for the good of all. Lord, we pray for Your guidance as we work together for the best interests of our communities, certainly our police force and local government and all their staff, our nation and world, and the ultimate goal of peace. When times are prosperous, let our hearts be thankful. In troubled times, may our deepest trust be in You. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Meekhof entered the Senate Chamber. enator Kowall moved that Senators Booher, Casperson and Green be temporarily excused from today’s session. S The motion prevailed. Senators Booher and Green entered the Senate Chamber. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:05 a.m. 11:03 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator Casperson entered the Senate Chamber. The following communication was received and read: Office of the Senate Majority Leader April 28, 2015 ursuant to the authority given to me by the Senate Rules, I hereby combine the two Senate Appropriations Subcom­ P mittees on the Department of Community Health and Department of Human Services. The new Senate Subcommittee will be for the Department of Health and Human Services. The membership of the new subcommittee will be as follows: Department of Health and Human Services: Senators Marleau (C), MacGregor (VC), Proos, Shirkey, Hansen, Gregory (MVC) and Hertel If you have any questions, please feel free to contact me. Sincerely, Arlan Meekhof Senate Majority Leader The subcommittee appointment was approved, a majority of the members serving voting therefor. The following communications were received and read: Office of the Auditor General April 21, 2015 nclosed is a copy of the following audit report: E Report on internal control, compliance, and other matters of Michigan Public School Employees’ Retirement System for the fiscal year ended September 30, 2014. No. 38] [April 28, 2015] JOURNAL OF THE SENATE 509 April 23, 2015 nclosed is a copy of the following audit report: E Performance audit of the Environmental Stewardship Division, Michigan Department of Agriculture and Rural Development. Sincerely, Doug Ringler Auditor General The audit reports were referred to the Committee on Government Operations. The Secretary announced that the following House bills were received in the Senate and filed on Thursday, April 23: House Bill Nos. 4325 4326 4327 4328 4329 4330 4331 4332 The Secretary announced the enrollment printing and presentation to the Governor on Monday, April 27, for his approval the following bill: Enrolled Senate Bill No. 12 at 2:27 p.m. The Secretary announced that the following bills were printed and filed on Thursday, April 23, and are available at the Michigan Legislature website: Senate Bill Nos. 290 291 292 293 294 295 296 297 House Bill Nos. 4499 4500 4501 4502 4503 4504 4505 4506 4507 4508 The Secretary announced that the following bills were printed and filed on Friday, April 24, and are available at the Michigan Legislature website: House Bill Nos. 4509 4510 4511 4512 4513 4514 4515 4516 4517 4518 4519 Messages from the Governor The following messages from the Governor were received and read: April 17, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Early Stage Venture Investment Corporation Board of Directors Naif A. Khouri of 49988 Powell Ridge Court, Plymouth, Michigan 48170, county of Wayne, as State Treasurer, succeeding R. Kevin Clinton, is appointed for a term commencing April 19, 2015, and expiring at the pleasure of the Governor. April 17, 2015 I respectfully submit to the Senate the following appointment to office: Michigan State Housing Development Authority Naif A. Khouri of 49988 Powell Ridge Court, Plymouth, Michigan 48170, county of Wayne, as State Treasurer, succeeding R. Kevin Clinton, is appointed for a term commencing April 19, 2015, and expiring at the pleasure of the Governor. April 17, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Strategic Fund Board of Directors Naif A. Khouri of 49988 Powell Ridge Court, Plymouth, Michigan 48170, county of Wayne, is appointed for a term commencing April 19, 2015, and expiring at the pleasure of the Governor. April 21, 2015 I respectfully submit to the Senate the following appointment to office: Governor’s Council on Physical Fitness, Health and Sports Brian Townsend of 5803 Glen Creek Court, Ann Arbor, Michigan 48109, county of Washtenaw, representing the general public, succeeding Claire Stahel, is appointed for a term expiring April 30, 2017. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. 510 JOURNAL OF THE SENATE [April 28, 2015] [No. 38 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Knollenberg as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4151, entitled A bill to repeal 1959 PA 186, entitled “An act to regulate the use of certain spring, gas or air operated handguns and to provide a penalty for violation of this act,” (MCL 752.891 to 752.892). House Bill No. 4152, entitled A bill to amend 1846 RS 1, entitled “Of the statutes,” by amending section 3t (MCL 8.3t). House Bill No. 4153, entitled A bill to amend 1952 PA 10, entitled “An act to define the duties of any person who discharges a firearm and thereby injures any person; and to prescribe penalties for violations of the provisions of this act,” by amending section 1 (MCL 752.841). House Bill No. 4160, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 234e (MCL 750.234e), as added by 1990 PA 321. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4154, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec­ tions 40102, 40111, and 43503 (MCL 324.40102, 324.40111, and 324.43503), section 40102 as amended by 2007 PA 48, section 40111 as amended by 2012 PA 340, and section 43503 as amended by 2012 PA 520. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4155, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 222, 226, 227b, 227c, 227d, 237a, and 528a (MCL 750.222, 750.226, 750.227b, 750.227c, 750.227d, 750.237a, and 750.528a), section 222 as amended by 2012 PA 242, section 227b as amended by 1990 PA 321, sections 227c and 227d as added by 1981 PA 103, section 237a as added by 1994 PA 158, and section 528a as added by 1986 PA 113. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4156, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a No. 38] [April 28, 2015] JOURNAL OF THE SENATE 511 license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 1 (MCL 28.421), as amended by 2014 PA 203. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill: Senate Bill No. 218, entitled A bill to amend 2004 PA 46, entitled “Public safety officers benefit act,” by amending the title and section 2 (MCL 28.632) and by adding section 4a. The following is the amendment recommended by the Committee of the Whole: 1. Amend page 5, line 24, by striking out all of enacting section 1. The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 217, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 7dd and 7jj (MCL 211.7dd and 211.7jj[1]), section 7dd as amended by 2013 PA 44 and section 7jj as amended by 2013 PA 42. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4161, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 222 (MCL 750.222), as amended by 2012 PA 242. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar: Senate Bill No. 217 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: Senate Bill No. 217, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 7dd and 7jj (MCL 211.7dd and 211.7jj[1]), section 7dd as amended by 2013 PA 44 and section 7jj as amended by 2013 PA 42. The question being on the passage of the bill, Senator Knezek offered the following amendment: 1. Amend page 22, following line 6, by inserting: “(17) THE LEGISLATURE WILL APPROPRIATE SUFFICIENT FUNDS FROM THE GENERAL FUND TO THE STATE SCHOOL AID FUND TO FULLY COMPENSATE FOR ANY LOSS OF REVENUE TO THE STATE SCHOOL AID FUND RESULTING FROM THE ENACTMENT OF THIS LEGISLATION.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: 512 JOURNAL OF THE SENATE [April 28, 2015] Roll Call No. 109 Yeas—13 Ananich Hood Jones Smith Bieda Hopgood Knezek Warren Gregory Johnson Rocca Young Hertel Nays—25 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Knollenberg O’Brien Shirkey Emmons Kowall Pavlov Stamas Green MacGregor Proos Zorn Hansen Excused—0 Not Voting—0 In The Chair: President he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 110 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. [No. 38 No. 38] [April 28, 2015] JOURNAL OF THE SENATE 513 By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that rule 3.204 be suspended to permit immediate consideration of the following resolution: S Senate Resolution No. 42 The motion prevailed, a majority of the members serving voting therefor. enators Warren, Hopgood, Schuitmaker, Ananich, Kowall and Bieda offered the following resolution: S Senate Resolution No. 42. A resolution to urge the Congress of the United States to restore Great Lakes Restoration Initiative funding to $300 million for fiscal year 2016. Whereas, The Great Lakes are a critical resource for our nation, supporting the economy and a way of life in Michigan and the other seven states within the Great Lakes region. The Great Lakes hold 20 percent of the world’s surface freshwater and 95 percent of the United States’ surface freshwater. This globally significant freshwater resource provides drinking water for more than 30 million people and is an economic driver that supports jobs, commerce, agriculture, transportation, and tourism throughout the region; and Whereas, The Great Lakes Restoration Initiative (GLRI) provides essential funding to restore and protect the Great Lakes. This funding has supported long overdue efforts to clean up toxic pollution, reduce runoff from cities and farms, combat invasive species like the Asian carp, and restore fish and wildlife habitat. Since 2010, the federal government has invested nearly $2 billion in more than 2,000 projects through the GLRI. Over its first five years, the GLRI has provided more than $280 million for 580 projects in Michigan alone; and Whereas, GLRI projects are making a significant difference. They have restored more than 115,000 acres of fish and wildlife habitat; opened up fish access to more than 3,400 miles of rivers; helped implement conservation programs on more than 1 million acres of farmland; and accelerated the cleanup of toxic hotspots. In Michigan, GLRI funding has been instrumental in removing contaminated sediments from Muskegon Lake, the River Raisin, and the St. Mary’s River; restoring habitat along the St. Clair River, Cass River, Boardman River, and the Keweenaw Peninsula; and developing improved methods for sea lamprey control; and Whereas, While this is a significant investment, there is still more work to be done with numerous ready-to-go projects that need funding. Toxic algal blooms, beach closings, fish consumption advisories, and the presence of contaminated sediments continue to limit the recreational and commercial use of the Great Lakes. The 2014 shutdown of the city of Toledo’s drinking water system due to a toxic algal bloom, forcing more than a half million people to find another source of drinking water, is just one example of how much still needs to be done; and Whereas, Proposed cuts to GLRI funding would jeopardize the momentum from a decade of unprecedented regional and bipartisan cooperation. The FY 2016 executive budget recommends a $50 million cut in federal funding to $250 million. This cut would be a shortsighted, cost-saving measure with long-term implications. Restoration efforts will only become more expensive and more difficult if they are not addressed in the coming years; now, therefore, be it Resolved by the Senate, That we urge the Congress of the United States to restore Great Lakes Restoration Initiative funding to $300 million for fiscal year 2016; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Natural Resources. The motion prevailed. Senators Brandenburg, Rocca and Zorn were named co‑sponsors of the resolution. enators Warren, Hopgood, Ananich, Kowall and Bieda offered the following concurrent resolution: S Senate Concurrent Resolution No. 11. A concurrent resolution to urge the Congress of the United States to restore Great Lakes Restoration Initiative funding to $300 million for fiscal year 2016. Whereas, The Great Lakes are a critical resource for our nation, supporting the economy and a way of life in Michigan and the other seven states within the Great Lakes region. The Great Lakes hold 20 percent of the world’s surface freshwater and 95 percent of the United States’ surface freshwater. This globally significant freshwater resource provides drinking water for more than 30 million people and is an economic driver that supports jobs, commerce, agriculture, transportation, and tourism throughout the region; and Whereas, The Great Lakes Restoration Initiative (GLRI) provides essential funding to restore and protect the Great Lakes. This funding has supported long overdue efforts to clean up toxic pollution, reduce runoff from cities and farms, combat 514 JOURNAL OF THE SENATE [April 28, 2015] [No. 38 invasive species like the Asian carp, and restore fish and wildlife habitat. Since 2010, the federal government has invested nearly $2 billion in more than 2,000 projects through the GLRI. Over its first five years, the GLRI has provided more than $280 million for 580 projects in Michigan alone; and Whereas, GLRI projects are making a significant difference. They have restored more than 115,000 acres of fish and wildlife habitat; opened up fish access to more than 3,400 miles of rivers; helped implement conservation programs on more than 1 million acres of farmland; and accelerated the cleanup of toxic hotspots. In Michigan, GLRI funding has been instrumental in removing contaminated sediments from Muskegon Lake, the River Raisin, and the St. Mary’s River; restoring habitat along the St. Clair River, Cass River, Boardman River, and the Keweenaw Peninsula; and developing improved methods for sea lamprey control; and Whereas, While this is a significant investment, there is still more work to be done with numerous ready-to-go projects that need funding. Toxic algal blooms, beach closings, fish consumption advisories, and the presence of contaminated sediments continue to limit the recreational and commercial use of the Great Lakes. The 2014 shutdown of the city of Toledo’s drinking water system due to a toxic algal bloom, forcing more than a half million people to find another source of drinking water, is just one example of how much still needs to be done; and Whereas, Proposed cuts to GLRI funding would jeopardize the momentum from a decade of unprecedented regional and bipartisan cooperation. The FY 2016 executive budget recommends a $50 million cut in federal funding to $250 million. This cut would be a shortsighted, cost-saving measure with long-term implications. Restoration efforts will only become more expensive and more difficult if they are not addressed in the coming years; now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That we urge the Congress of the United States to restore Great Lakes Restoration Initiative funding to $300 million for fiscal year 2016; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the concurrent resolution, Senator Kowall moved that the concurrent resolution be referred to the Committee on Natural Resources. The motion prevailed. Senators Brandenburg, Gregory, Rocca and Zorn were named co‑sponsors of the concurrent resolution. enator Meekhof offered the following resolution: S Senate Resolution No. 43. A resolution to amend the Standing Rules of the Senate. Resolved by the Senate, That the Standing Rules of the Senate be hereby amended to read as follows: SENATE RULES CHAPTER I - SECTION 1 SENATE ORGANIZATION 1.101 PRESIDING OFFICER a) The Lieutenant Governor shall be the President of the Senate and shall preside over all sessions of the Senate or, in his or her absence, the President pro tempore, Assistant President pro tempore, or Associate President pro tempore shall preside. b) The Lieutenant Governor may vote only when the Senators are equally divided in their vote (see Const. Art. 5, Sec. 25). c) In the absence of the President of the Senate, President pro tempore, Assistant President pro tempore, or Associate President pro tempore, the Secretary of the Senate shall preside until the Senate shall appoint a Senator to act as presiding officer or until the President of the Senate, President pro tempore, Assistant President pro tempore, or Associate President pro tempore shall appear. In the absence of all, or all but one (1) Senator, the Secretary of the Senate shall preside. 1.102 AUTHORITY OF THE PRESIDENT OF THE SENATE a) The presiding officer shall call the Senate to order at the hours provided by the Constitution, by these rules, or at the hour established by the Senate at its last meeting. b) Unless Rule 1.205 b) is in effect, following the invocation and Pledge of Allegiance, the presiding officer shall instruct the Secretary of the Senate to record the attendance. The attendance roll call shall be taken by using the electronic voting system for one (1) minute, except for the first session in January or if the electronic voting system is not operational, the presiding officer shall instruct the Secretary of the Senate to call the roll orally and record and announce the results. 1.103 THE PRESIDENT OF THE SENATE’S CONTROL WITHIN THE CHAMBER The presiding officer shall preserve order and decorum and shall have general control within the Chamber. During every session of the Senate, the Sergeant at Arms is under the direct supervision of the presiding officer. Every question of order and procedure shall be decided by the presiding officer, subject to an appeal by the Senate. No. 38] [April 28, 2015] JOURNAL OF THE SENATE 515 1.104 ELECTION OF SENATE OFFICERS a) A President pro tempore, Assistant President pro tempore, and Associate President pro tempore shall be elected by a vote of a majority of the Senators elected and serving. They shall be elected at the first session of a quadrennium. All officers elected by the Senate are to hold office until their successors are elected and qualified or until the expiration of their term, whichever occurs first. b) Prior to the commencement of the quadrennium session, the majority party shall meet in an organizational caucus and elect a Majority Leader, Majority Floor Leader, Majority Whip, Majority Caucus Chairperson, Assistant Majority Leader, Assistant Majority Floor Leader, Assistant Majority Whip, and Assistant Majority Caucus Chairperson. At a similar organizational caucus, the minority party shall elect a Minority Leader, Minority Floor Leader, Minority Whip, Minority Caucus Chairperson, Assistant Minority Leader, Assistant Minority Floor Leader, Assistant Minority Whip, and Assistant Minority Caucus Chairperson. c) All majority party Senate Officers shall serve at the pleasure of the majority party caucus. All minority party Senate Officers shall serve at the pleasure of the minority party caucus. d) All majority and minority caucuses shall be subject to the provisions of Section 8 of the Open Meetings Act (see MCL 15.268). 1.105 APPOINTMENT OF COMMITTEES a) The Senate Majority Leader shall appoint all committees except when the Senate shall otherwise order. The Senate Majority Leader may appoint subcommittees of standing committees when some of the members of that subcommittee are not also members of that standing committee. Such subcommittees shall contain at least one (1) majority member and one (1) minority member who are members of that standing committee and shall have at least one (1) more majority party member than minority party member. b) The Senate Majority Leader shall make appointments of minority party members from a list submitted by the Senate Minority Leader, and shall consider the preferences, seniority, and experience of the members in making appointments. The Senate Majority Leader may accept the list submitted by the Senate Minority Leader in whole or in part. If the Senate Majority Leader rejects names on the list and their corresponding committee assignments, the Senate Minority Leader shall submit replacement nominations. c) All appointments to standing and select committees and subcommittees appointed by the Senate Majority Leader shall be subject to the approval of the Senate given by a majority of the Senators elected and serving. All appointments to conference committees shall be effective upon appointment by the Senate Majority Leader until disapproved by the Senate given by a majority of the Senators elected and serving. 1.106 ELECTION OF A SECRETARY OF THE SENATE A Secretary of the Senate shall be elected as an officer of the Senate. The Secretary of the Senate shall take and subscribe to the Constitutional Oath of Office for the true and faithful discharge of the duties of office. 1.107 SENATE PARLIAMENTARIAN The Secretary of the Senate, or a member of the staff of the Secretary of the Senate, shall serve as the Senate Parliamentarian to advise the Senate on questions relating to parliamentary law and procedure. 1.108 SENATE BROADCAST AND WEBCAST The Secretary of the Senate, with the concurrence of the Senate Majority Leader, is authorized to broadcast and webcast Senate session. 1.109 SENATE JOURNALS a) The Secretary of the Senate shall keep a correct Journal of each day’s proceedings of the Senate, supervise its publication, and make corrections from day to day as may be necessary. During the consideration and passage of appropriation bills, the Secretary of the Senate is authorized to correct totals that may have been affected by amendments made to items in the bill. The corrections shall be made in the bill and the Journal. b) The Secretary of the Senate shall have the Journal made available online to the offices of the President of the Senate and Senators daily, and shall make the Journal available to the general public. c) When the Senate goes into Executive Session, the proceedings of the Senate shall be kept in a separate Journal, which shall be open to inspection by Senators only, unless otherwise ordered. Such Journal shall be published after the close of the session, at the end of the regular Journals of the Senate proceedings, unless otherwise ordered by the Senate. 1.110 INTRODUCTION OF BILLS, AND JOINT RESOLUTIONS, AND ALTERNATIVE MEASURES a) All bills, and joint resolutions, AND ALTERNATIVE MEASURES to be introduced shall be submitted to the Secretary of the Senate to be available for introduction on the next succeeding Senate legislative day, and accompanied by eight (8) true copies. Once submitted to the Secretary of the Senate, all bills, and joint resolutions, AND ALTERNATIVE MEASURES become the property of the Senate and cannot be withdrawn. Each bill, conference report, substitute bill, and joint resolution, AND ALTERNATIVE MEASURE shall be approved as to form and numbering of sections by the Legislative Service Bureau prior to being submitted for introduction. Bills, and joint resolutions, AND ALTERNATIVE MEASURES may be submitted for introduction during the interim between sessions. b) Each Senate bill, and joint resolution, AND ALTERNATIVE MEASURE when introduced and each House bill, and joint resolution, AND ALTERNATIVE MEASURE when first received from the House shall be read a first and second time by title. 516 JOURNAL OF THE SENATE [April 28, 2015] [No. 38 c) AT ANY TIME AFTER INTRODUCTION AND UPON FINAL ACTION ON A SENATE BILL, JOINT RESOLUTION, OR ALTERNATIVE MEASURE, Senators may move to co-sponsor THE a Senate bill, or Senate joint resolution, OR ALTERNATIVE MEASURE when it is in possession of the Senate. and not in a Senate committee. The first named member is the sponsor. SENATORS MAY ALSO SUBMIT A WRITTEN REQUEST TO THE SECRETARY OF THE SENATE TO BE ADDED AS A CO-SPONSOR OF THE BILL, JOINT RESOLUTION, OR ALTERNATIVE MEASURE, AND THE SECRETARY OF THE SENATE SHALL PRINT THE REQUEST IN THE JOURNAL AS AN OFFICIAL COMMUNICATION UNDER SENATE RULE 3.105. After final passage of a Senate bill or adoption of a Senate joint resolution OR ALTERNATIVE MEASURE, or upon final action on a Senate bill, or Senate joint resolution, OR ALTERNATIVE MEASURE returned from the House, the presiding officer may open the voting board to allow Senators to add their names as co-sponsors. A sponsor or co-sponsor may move to remove his or her name from a Senate bill, or Senate joint resolution, OR ALTERNATIVE MEASURE when it is in possession of the Senate and not in a Senate committee, provided that at least one (1) Senator remains listed as the sponsor. 1.111 NUMBERING, LETTERING AND PRINTING OF BILLS, AND JOINT RESOLUTIONS, AND ALTERNATIVE MEASURES a) The Secretary of the Senate shall assign Senate bill numbers to all Senate bills AND ALTERNATIVE MEASURES in the order they are submitted for introduction. All joint resolutions shall be assigned letters in the order they are submitted for introduction. b) The Secretary of the Senate shall attend to the printing or reproduction of all bills, joint resolutions, ALTERNATIVE MEASURES, acts, or documents ordered printed or reproduced by the Senate. The heading of every bill, and joint resolution, AND ALTERNATIVE MEASURE ordered reproduced shall contain the number of the bill OR ALTERNATIVE MEASURE or letter of the joint resolution, name of the Senator or Senators introducing the bill, or joint resolution, OR ALTERNATIVE MEASURE, date of introduction, and the name of the committee to which the bill, or joint resolution, OR ALTERNATIVE MEASURE is referred (see Const. Art. 4, Sec. 26). 1.112 ANNOUNCEMENT OF PRINTING AND ENROLLMENT OF BILLS, AND JOINT RESOLUTIONS, AND ALTERNATIVE MEASURES The Secretary of the Senate shall print in the Journal each day the number of all Senate and House bills and ALTERNATIVE MEASURES AND letters of all joint resolutions which have been printed or reproduced and distributed to the offices of the President of the Senate and Senators, and the numbers of the Senate bills which have been enrolled and presented to the Governor. 1.113 CARE AND PRESERVATION OF BILLS, AND RESOLUTIONS, AND ALTERNATIVE MEASURES The Secretary of the Senate shall be responsible to the Senate for the care and preservation of every bill, and resolution, AND ALTERNATIVE MEASURE introduced in the Senate and each bill, and resolution, AND ALTERNATIVE MEASURE received from the House, which responsibility shall only be relieved by a receipt from an authorized person. 1.114 ENROLLMENT OF BILLS AND PRESENTATION TO THE GOVERNOR a) After a Senate bill has passed both Houses, the Secretary of the Senate shall attend to the enrollment printing. The Secretary of the Senate shall present the enrolled bill to the Governor, obtaining a receipt, on which the exact date and time shall be shown for the bill deposited in the Executive Office. b) The Secretary of the Senate may be authorized by a motion to enroll a Senate bill while the Senate is not in session if that bill has passed both Houses and no action is pending. The Secretary of the Senate shall notify the Senate of such action on the next Senate legislative day. c) When a Senate bill is approved by the Governor, the Secretary of the Senate shall obtain a receipt from the Governor’s office verifying the exact date and time the bill was filed with the Secretary of State. At the end of each year, the Secretary of the Senate shall deposit with the Secretary of State the official printed copy of the Senate bill as passed by both Houses and obtain a receipt. 1.115 ENROLLMENT OF JOINT RESOLUTIONS AND ALTERNATIVE MEASURES a) After a Senate joint resolution OR ALTERNATIVE MEASURE has been adopted by both Houses, the Secretary of the Senate shall attend to the enrollment printing. The Secretary of the Senate shall certify and file the enrolled joint resolution OR ALTERNATIVE MEASURE with the Secretary of State and, IN THE CASE OF A JOINT RESOLUTION, WITH others as directed by the joint resolution. b) The Secretary of the Senate may be authorized by a motion to enroll a Senate joint resolution OR ALTERNATIVE MEASURE while the Senate is not in session if that joint resolution OR ALTERNATIVE MEASURE has been adopted by both Houses and no action is pending. The Secretary of the Senate shall notify the Senate of such action on the next Senate legislative day. c) When filing an enrolled Senate joint resolution OR ALTERNATIVE MEASURE with the Secretary of State, the Secretary of the Senate shall obtain a receipt verifying the exact date and time filed. At the end of each year, the Secretary of the Senate shall deposit with the Secretary of State the official printed copy of the Senate joint resolution OR ALTERNATIVE MEASURE as adopted by both Houses and obtain a receipt. 1.116 BILL, AND RESOLUTION, AND ALTERNATIVE MEASURE HISTORY The Secretary of the Senate shall keep a record and index of all bills, and resolutions, AND ALTERNATIVE MEASURES received by the Senate. This record shall include the title, bill, or resolution, OR ALTERNATIVE No. 38] [April 28, 2015] JOURNAL OF THE SENATE 517 MEASURE number, joint resolution letter, name of the sponsor and co-sponsor(s) introducing the bill, or resolution, OR ALTERNATIVE MEASURE, name of the committee to which the bill, or resolution, OR ALTERNATIVE MEASURE is referred, and an entry of all action, including the date, taken on the bill, or resolution, OR ALTERNATIVE MEASURE. 1.117 SENATE ADMINISTRATION AND OFFICE BUDGETS a) The Senate Majority Leader shall assign duties to Senate employees not specified by other rules, and shall have final approval authority for all expenses for the operation of the Senate, except as provided by law. b) In the absence of the Senate Majority Leader, the Assistant Majority Leader shall assume the duties and responsibilities of the Senate Majority Leader. c) The Secretary of the Senate DIRECTOR OF THE BUSINESS OFFICE shall create a budget with the concurrence of the Senate Majority Leader, discuss it with the Senate Minority Leader and present it to the Committee on Appropriations at the beginning of each budget year. The form of the budget shall parallel, as closely as practical, the departmental budgets presented to the Committee on Appropriations. d) The Senate financial records shall be open for public inspection. Upon a WRITTEN request that describes the financial record sufficiently to enable the Senate to find the financial record, a person has a right to inspect, copy, or receive copies of that financial record of the Senate. Documents shall be available for inspection during normal business hours. The Secretary of the Senate DIRECTOR OF THE BUSINESS OFFICE shall keep a record of these requests. 1) A copy of the Senate financial records shall be on file with the Secretary of the Senate SENATE BUSINESS OFFICE, who WHICH shall have overall authority to administer the Senate financial records under the direction of the Senate Majority Leader. The Secretary of the Senate shall provide to each Senator access to information regarding the status of the Senator’s staff account, office operations account, and committee operations account for any standing committee that he or she chairs. The Senate Majority Leader shall have access to the reports for the accounts of all Senators. 1) The Secretary of the Senate shall serve as the Senate Information Officer to respond to requests for Senate financial records from the public and the media on behalf of a Senator or the Senate. All requests must include the first and last name, mailing address, and phone number of the requester. When the Secretary of the Senate receives a written request for a public record, the Secretary shall immediately, but not more than five (5) business days after the day the request is received unless otherwise agreed to in writing by the person making the request, respond to the request by one (1) of the following: A) Grant the request. B) Issue a written notice to the requesting person denying the request. C) Grant the request in part and issue a written notice to the requesting person denying the request in part. D) Under unusual circumstances, issue a notice extending for not more than ten (10) business days the period during which the Senate shall respond to the request. The Senate shall not issue more than one (1) notice of extension for a particular request. If the Senate fails to respond to the written request within these guidelines, there will be a fine of $250 and all Senate copying and inspection fees shall be waived. 2) As used in this section, “financial record” means a budget, account, contract, purchase order, an expenditure authorization, voucher, check, warrant, lease, audit report, balance sheet, travel voucher, or other such summaries of financial transactions. 3) The following information contained in Senate financial records is exempt from disclosure under this rule: A) Information of a personal nature contained in financial records where the public disclosure of the information would constitute a clearly unwarranted invasion of an individual’s privacy. Such exempt information would include, but not be limited to, the following: (i) An employee’s social security account number, financial institution record, electronic transfer fund number, deferred compensation, savings bonds, W-2 and W-4 forms, and any court enforced judgment. (ii) An employee’s benefit selection. (iii) Telephone bill detail including the telephone number and name of individual called. (iv) Unemployment compensation and workers’ disability compensation records. B) Records and information specifically described and exempted from disclosure under statute or subject to attorneyclient privilege. C) A bid or proposal by a person to enter into a contract or agreement, until the time for the public opening of bids or proposals, or if a public opening is not to be conducted, until the time for the receipt of bids or proposals has expired. D) Commercial or financial information or trade secrets voluntarily provided to the Senate. for use in developing government policy if submitted upon a promise of confidentiality by the Senate. E) Communications, notes, and electronic data within the Senate or between the Senate and other public bodies of an advisory nature. to the extent that they cover other than purely factual materials and are preliminary to the final Senate determination of policy or action. F) INTERNET-USE RECORDS. 518 JOURNAL OF THE SENATE [April 28, 2015] [No. 38 G) ANY OTHER DOCUMENT OR RECORD PROTECTED FROM PUBLIC DISCLOSURE BY AGREEMENT, CONTRACT, SENATE RULE, OR LAW. 4) 3) The Senate may charge a reasonable fee for providing a copy of a financial record. The fee shall be limited to actual mailing costs and to the actual incremental cost of duplication or publication including labor, the cost of search, examination, review, and the deletion of exempt information from nonexempt information. 5) 4) The Senate may also charge a reasonable fee for providing for the inspection of financial records. This fee may include the actual incremental cost of supervising the inspection including labor, the cost of search, examination, review, and the deletion of exempt information from nonexempt information. 6) The Senate may adopt any such other rules and policies as are necessary to provide for the orderly dissemination of materials to the public. e) Each Senator shall be allotted separate budget amounts for the annual staff account and the annual office operations account, as determined by the Senate Majority Leader, to be used on a fiscal year basis. Each standing committee chairperson shall be allotted a separate budget amount for the annual committee operations account, as determined by the Senate Majority Leader. The amounts allocated to these accounts may be adjusted for all Senate offices by the Senate Majority Leader. Any unused amount in a fiscal year shall not be carried into the succeeding year. A Senator shall not exceed the annual limits for each of these accounts without approval of the Senate Majority Leader. f) The Senate Majority Leader shall establish guidelines to allow Senators to transfer a limited amount of funds between their own staff account and their office operations account. 1.118 SECRETARY OF THE SENATE ADMINISTRATIVE DUTIES a) With the approval of the Senate Majority Leader, the Secretary of the Senate, IN CONJUNCTION WITH THE DIRECTOR OF THE BUSINESS OFFICE, shall appoint a staff to conduct the business of the Senate. b) The Secretary of the Senate shall exercise supervisory care and control of the Senate Chamber, AND all Senate rooms, corridors, furniture, and equipment IN THE CAPITOL. Upon approval of the Senate Majority Leader, the Secretary of the Senate shall purchase all necessary furniture, carpet, equipment, postage, supplies, and services for use by the Senate. c) The Secretary of the Senate shall install and maintain any equipment approved for use by the Senate. C) d) The Secretary of the Senate shall have responsibility for the development and maintenance of a system for preserving records of the Senate and its committees. The Secretary of the Senate shall issue guidelines for the organization and preservation of these records. D) e) The Secretary of the Senate shall be responsible for keeping the Senate seal and for affixing the Senate seal to official Senate documents, as authorized by the Senate Majority Leader. The Senate seal shall be comprised of the coat of arms of the State of Michigan encompassed by the words: “Senate - State of Michigan”. E) f) The Secretary of the Senate shall maintain a schedule of Senate committee rooms. F) g) The Secretary of the Senate shall make and maintain an official tape of all sessions of the Senate. Copies of the official tape shall be made only upon application approved by the Senate Majority Leader. All official tapes of the Senate sessions shall be transferred to the State Archives four (4) years following the end of each biennial session of the Senate. G) h) The Secretary of the Senate shall compile and maintain a list of appointments by the Governor subject to the advice and consent power of the Senate. This list shall contain the name and function of the office, the holder of the office, the date of appointment, and the expiration date of the officeholder’s term. This list shall be posted on the Senate Website. H) i) The Secretary of the Senate shall compile and maintain a list of the appointments that the Senate Majority Leader or the Senate Minority Leader are authorized to make to various boards and commissions. This list shall contain the name and function of the office, the holder of the office, the date of appointment, and the expiration date of the officeholder’s term. This list shall be posted on the Senate Website. 1.119 DIRECTOR OF THE BUSINESS OFFICE; ADMINISTRATIVE DUTIES A) THE DIRECTOR OF THE BUSINESS OFFICE SHALL SERVE AT THE PLEASURE OF THE SENATE MAJORITY LEADER. B) THE DIRECTOR OF THE BUSINESS OFFICE SHALL BE RESPONSIBLE FOR THE BUSINESS AND FINANCIAL RECORDS OF THE SENATE. C) UPON APPROVAL OF THE SENATE MAJORITY LEADER, THE DIRECTOR OF THE BUSINESS OFFICE SHALL PURCHASE ALL NECESSARY FURNITURE, CARPET, EQUIPMENT, POSTAGE, SUPPLIES, AND SERVICES FOR USE BY THE SENATE. D) THE DIRECTOR OF THE BUSINESS OFFICE SHALL INSTALL AND MAINTAIN ANY EQUIPMENT APPROVED FOR USE BY THE SENATE. E) AS AUTHORIZED BY THE SENATE MAJORITY LEADER, THE DIRECTOR OF THE BUSINESS OFFICE MAY SIGN PAPERS, FORMS, DOCUMENTS, AND CONTRACTS ON BEHALF OF THE SENATE. 1.120 1.119 DUTIES OF THE SERGEANT AT ARMS a) The Sergeant at Arms shall be the chief security officer of the Senate. Under the direction of the Senate Majority Leader, the Secretary of the Senate shall supervise and direct the work of the Sergeant at Arms, Assistant Sergeants at Arms, No. 38] [April 28, 2015] JOURNAL OF THE SENATE 519 and may commission the Sergeant at Arms and Assistant Sergeants at Arms, who meet the certification requirements of this state, as law enforcement officers with the powers provided under the Legislative Sergeant at Arms Police Powers Act (see MCL 4.381-4.382). b) The Sergeant at Arms shall attend the Senate during its sessions and maintain order under the direction of the presiding officer. The Sergeant at Arms shall execute the commands of the presiding officer and of the Senate, and all processes issued by authority thereof. c) The Sergeant at Arms shall have general charge, and maintain order, in the gallery, Chamber, and committee rooms of the Senate. The Sergeant at Arms shall see that all staff and visitors are seated. 1.121 1.120 EXECUTIVE SESSION On a motion made and carried that the Senate go into executive session, the presiding officer shall direct all persons, except Senators, the Secretary of the Senate, and personnel as authorized by the Senate, to withdraw. The vote of a majority of the Senators voting shall be required on a motion for executive session, except for executive sessions called under Rule 2.104. During an executive session, the doors shall remain closed and every Senator and officer shall keep confidential all proceedings and matters enjoined by order of the Senate (see Const. Art. 4, Sec. 20). CHAPTER I - SECTION 2 MEMBER RESPONSIBILITIES 1.201 OATH OF OFFICE The oath of office to Senators-elect shall be administered following the November general election up to and including the first day of regular session, or as soon thereafter as a Senator-elect may appear. The oath shall be administered by the Lieutenant Governor, a Justice of the Supreme Court, a Judge of the Court of Appeals, or the Secretary of the Senate (see Const. Art. 11, Sec. 1). 1.202 CONTESTED ELECTIONS a) A petition for a recount shall be filed not later than forty-eight (48) hours following the completion of the canvass of the votes cast at an election. A copy of the petition shall be given by the contestant to the Secretary of the Senate (see MCL 168.879). Notice of receipt of the petitions shall be announced by the Secretary of the Senate and printed in the Journal. b) Each contestant requesting a recount shall deposit with the Secretary of State, Bureau of Elections, the amount provided by law for each precinct in which he or she has requested a recount (see MCL 168.881). c) Upon completion of a recount, the Board of State Canvassers shall forward a report of the results to the Secretary of the Senate and the report shall be announced by the Secretary of the Senate and printed in the Journal (see MCL 168.879). d) In the case of two (2) or more persons having equal and the highest number of votes for any office, as canvassed by the Board of State Canvassers, the Board of State Canvassers shall certify the result of the canvass to the Legislature and in joint convention the Legislature shall choose one (1) of said persons to fill the office. When the determination of the Board of State Canvassers is contested, the Legislature in joint convention shall decide which person is elected (see MCL 168.846). 1.203 PROCEDURE FOR EXCLUSION a) A Senator-elect shall not be given the oath of office or seated as a Senator if he or she has been convicted of subversion or has, within the preceding twenty (20) years, been convicted of a felony involving breach of the public trust (see Const. Art. 4, Sec. 7) or has within the preceding twenty (20) years, been convicted of a felony involving dishonesty, deceit, fraud, or a breach of public trust and that conviction was related to the person’s official capacity while the person was holding any elective office or position of employment in local, state, or federal government (see Const. Art. 11, Sec. 8). Upon finding by a majority vote of the Senators elected and serving that a Senator-elect has committed an offense within the provisions of this rule, he or she shall be declared to be unqualified for membership in the Senate and his or her office declared vacant. b) Questions arising from challenges to the elections or returns of its members shall be decided by a vote of a majority of the Senators elected and serving (see Const. Art. 4, Sec. 16). In cases of contested elections or returns, notice setting forth the grounds of the contest shall be given by the contestant to the Secretary of the Senate not later than January 7 following the general election, or not later than twenty (20) days following the special election. c) The Senate, with concurrence of two-thirds of its members elected and serving, may expel a member. The reasons for such expulsion shall be printed in the Journal (see Const. Art. 4, Sec. 16). 1.204 EXCUSED ABSENCE The Senate may excuse any Senator from attendance for any stated period, and the excused absence shall be printed in the Journal. The Senate may revoke an excuse at any time. 1.205 SENATORS DEEMED PRESENT UNLESS EXCUSED a) A Senator who answers an attendance roll call or who enters after an attendance roll call and reports his or her presence to the Secretary of the Senate shall be considered present thereafter unless an excused absence is granted. b) A Senator may be recognized prior to the invocation and the attendance roll call only for the purpose of presenting a motion to adjourn. Should such a motion to adjourn prevail, there shall be no official invocation and attendance roll call for that day. 520 JOURNAL OF THE SENATE [April 28, 2015] [No. 38 1.206 COMPENSATION FOR SENATORS The compensation of Senators is determined by the State Officers Compensation Commission, as provided by law. Senators shall not collect from the Senator’s staff account any compensation, expense allowance, or mileage reimbursement. 1.207 FACILITIES FOR SENATORS Each Senator shall be entitled to facilities, equipment, furnishings, and expenses that are necessary to fulfill the duties of office. The location of facilities and the sufficiency of equipment, furnishings, and expenses shall be determined through guidelines ESTABLISHED BY THE DIRECTOR OF THE BUSINESS OFFICE, issued by UNDER THE DIRECTION OF the Senate Majority Leader. 1.208 EXPENSE REIMBURSEMENT Expense reimbursement for travel, lodging, meals, registration fees, and related items shall be made in accordance with an established set of regulations as determined and published ESTABLISHED by the DIRECTOR OF THE BUSINESS OFFICE, UNDER THE DIRECTION OF THE Senate Majority Leader. The regulations shall set forth the guidelines for amounts, methods of payment, and time of payment for such items. When, in the judgment of the Senate Majority Leader, the regulations need revision, the Senate Majority Leader may DIRECT THE DIRECTOR OF THE BUSINESS OFFICE TO make the revision upon fifteen (15)-day notice to all Senators. The regulations shall include the following: a) Out-of-state expenses of a Senator, or Senate employee, shall not be paid by the Senate unless a written request has been approved by the parties specified in the regulations and by the Senate Majority Leader, and has been filed with the Secretary of the Senate DIRECTOR OF THE BUSINESS OFFICE prior to departure. b) The A TRAVEL request shall state the purpose for making the trip, the relevance of the trip to legislative matters, and an estimate of the cost. c) A Senator, or Senate employee, shall file a written and signed post-travel report with the Secretary of the Senate DIRECTOR OF THE BUSINESS OFFICE not more than twenty (20) calendar days after returning. These reports shall be retained by the Secretary of the Senate DIRECTOR OF THE BUSINESS OFFICE until no longer required by law. If a report is not filed within twenty (20) calendar days after returning, expenses may not be reimbursed by the Senate. Senate funds received in advance of departure shall be returned in full if the report is not filed within twenty (20) calendar days after returning. The report shall include a summary of the relevant legislative information, material pertinent thereto, and itemized expenditures. d) An expenditure for travel by a Senator, or Senate employee, shall not be paid by the Senate unless that expenditure is itemized and receipted (except in cases in which receipts are not ordinarily provided). e) Expenses for out-of-state travel by Senators shall be printed in the Journal on a quarterly basis. f) A Senator, or an employee of a Senator, shall not incur out-of-state travel expenses after the Senator is defeated in a Senate primary or general election, or upon the failure of the Senator to file for election while serving the balance of his or her unexpired term, unless approved by the Senate Majority Leader. 1.209 MAILING a) The mailing or printing at Senate expense of any personal or campaign material is prohibited. b) A Senator, or committee of the Senate, shall not use state funds to mail one thousand (1,000) or more pieces of substantially similar material thirty (30) days or less before a primary or general election, in which the Senator is a candidate. This rule does not apply if the mailing is a summary of a ballot proposal and is approved by the Senate Majority Leader. c) The Senate shall not make payment for a mass mailing sent outside the district of the Senator making the mailing. In determining whether a violation of this rule has occurred, recognition shall be given to established mass mailing techniques. d) The DIRECTOR OF THE BUSINESS OFFICE, UNDER THE DIRECTION OF THE Senate Majority Leader, shall develop and disseminate guidelines for printing and mass mailing. e) The cost of pieces mailed by a Senator which were paid for by Senate funds shall be tabulated and recorded by the Secretary of the Senate DIRECTOR OF THE BUSINESS OFFICE. CHAPTER I - SECTION 3 LEGISLATIVE CONDUCT AND ETHICS 1.301 LEGISLATIVE CONDUCT Each Senator shall conduct himself or herself to justify the confidence placed in him or her by the people and shall, by personal example and admonition to colleagues, maintain the integrity and responsibility of his or her office. 1.302 ATTENDANCE AND VOTING Every Senator is expected to vote on each roll call vote, unless absent or prohibited from voting by Rule 1.306. A Senator who misses a roll call vote may request that a vote intention be printed in the Senate Journal reflecting how he or she would have voted. 1.303 IMPROPER INFLUENCE A Senator shall not accept anything that will influence his or her official act, decision, or vote. 1.304 CONFLICTING EMPLOYMENT A Senator shall not allow any personal employment to impair his or her independence of judgment in the exercise of his or her official duties. No. 38] [April 28, 2015] JOURNAL OF THE SENATE 521 1.305 UNDUE INFLUENCE A Senator shall not use his or her influence in any matter that involves substantial conflict between his or her personal interest and his or her duties in the public interest. 1.306 DISCLOSURE AND DISQUALIFICATION A Senator having a personal, private, or professional interest in a bill OR ALTERNATIVE MEASURE, of which he or she has knowledge, shall not vote on the bill OR ALTERNATIVE MEASURE and shall disclose in writing his or her interest in the bill OR ALTERNATIVE MEASURE. A personal, private, or professional interest in a bill OR ALTERNATIVE MEASURE is an interest that would provide a benefit particular to a Senator or a benefit particular to any individual or entity to whom the Senator is financially or legally obligated or is personally related. The disclosure shall be filed with the Secretary of the Senate to be printed in the Journal immediately following the record of the vote on the bill OR ALTERNATIVE MEASURE. If a Senator votes on a bill OR ALTERNATIVE MEASURE that might appear at the time of the vote to provide a benefit particular to that Senator or a benefit particular to any individual or entity to whom the Senator is financially or legally obligated or is personally related, a Senator may submit a statement explaining his or her reasons for voting. The statement shall be printed in the Journal. 1.307 SEXUAL HARASSMENT Sexual harassment of Senators and Senate employees is prohibited and will not be tolerated by the Senate. The Senate Majority Leader DIRECTOR OF THE BUSINESS OFFICE shall establish a Senate Majority Leader policy to implement this prohibition. 1.308 SENATE EMPLOYEES AND CONFLICTS Senate employees, including those elected by the Senate or those employees specifically provided for by other Senate rules, shall be accountable to the intent of Chapter I - Section 3 where applicable. 1.309 IMPROPER USE OF STAFF AND FACILITIES a) A Senator shall not convert for personal, business and/or campaign use, unrelated to Senate business, any supplies, services, facilities, or staff provided by the State of Michigan. This includes, but is not limited to, telephones, facsimile machines, computers, postage, and copy machines. b) Personal business and incidental campaign calls, when charged to the state, are clearly contrary to the proper use of these facilities. c) Personal and business calls must be charged to the caller’s residence telephone, personal credit card, special billing number or made from a cellular telephone or pay station. Individuals making unreimbursed personal calls from state facilities shall be subject to appropriate sanctions. d) In situations where it is not possible to utilize any of the methods outlined above to make a personal call, or when other incidental expenses are incurred, the Senate’s operating procedure shall allow reimbursement to the State of Michigan for such calls and expenses. 1.310 ADVISORY OPINIONS All questions relating to the interpretation and enforcement of these rules concerning legislative conduct and ethics shall be referred to the Committee on Government Operations. A Senator who has a question regarding legislative conduct and ethics may submit a factual situation to the Committee on Government Operations with a request for an advisory opinion establishing the standard of public duty. The Committee shall respond to each inquiry. All opinions shall, after hearing, be numbered, dated, and printed in the Journal. No opinion shall identify the requesting Senator without his or her consent. 1.311 PENALTIES FOR VIOLATION If a Senator is alleged to have violated the provisions of the rules regulating ethics and conduct, the Committee on Government Operations shall determine if the facts underlying the allegation are sufficient to merit a hearing. If a hearing is held, the Senator charged with a violation shall be given notice and granted the opportunity to appear at the hearing and be represented by counsel. The determination and any disciplinary action shall be made and taken only by a two-thirds (2/3) vote of the Senators elected and serving on recommendation of the Committee on Government Operations. A Senator determined to have violated the provisions of the rules regulating ethics and conduct may be reprimanded, censured, or expelled. Any actions undertaken under this section shall be separate from any prosecutions or penalties otherwise provided by law. CHAPTER I - SECTION 4 SENATE EMPLOYEES 1.401 EMPLOYEES OF EACH SENATOR a) All Senators may appoint necessary staff in accordance with Senate rules and subject to policies established by the Senate Majority Leader. These employees shall be directly responsible to the Senator. A Senator shall not appoint any employee who is related within the first degree of consanguinity or direct affinity to any Senator elected or serving. A Senator shall not appoint any employee who is related within the second or third degree of consanguinity or direct affinity to any Senator elected or serving without permission of the Senate Majority Leader. b) A person shall not begin employment nor receive any compensation until a Senator has provided the Secretary of the Senate BUSINESS OFFICE with the necessary information about the employee. 522 JOURNAL OF THE SENATE [April 28, 2015] [No. 38 c) A Senate employee shall not convert for personal, business and/or campaign use, unrelated to Senate business, any supplies, services, facilities, or staff provided by the State of Michigan. This includes, but is not limited to, telephones, facsimile machines, computers, postage, and copy machines. d) Personal business and incidental campaign calls, when charged to the state, are clearly contrary to the proper use of these facilities. e) Personal and business calls must be charged to the caller’s residence telephone, personal credit card, special billing number or made from a cellular telephone or pay station. Individuals making unreimbursed personal calls from state facilities shall be subject to appropriate sanctions. f) In situations where it is not possible to utilize any of the methods outlined above to make a personal call, or when other incidental expenses are incurred, the Senate’s operating procedure shall allow reimbursement to the State of Michigan for such calls and expenses. 1.402 COMMITTEE CLERKS Clerks for standing committees (except for the Appropriations Committee) shall serve under the direction of the Senate Majority Leader. The person designated as committee clerk must perform all duties established by the State Constitution and Senate rules and must attend committee clerk training sessions provided by the Secretary of the Senate. 1.403 EMPLOYEE APPOINTMENT The Senate Majority Leader shall appoint employees as may be necessary for the work of the Senate. The Senate Majority Leader shall appoint minority staff employees from a list submitted by the Senate Minority Leader. 1.404 EMPLOYEE COMPENSATION a) Compensation for Senate employees shall be established by each Senator within the limits of the budget guidelines in accordance with Senate rules and subject to policies issued by the DIRECTOR OF THE BUSINESS OFFICE, UNDER THE DIRECTION OF THE Senate Majority Leader. b) The Senate general fund shall not provide more than two (2) benefit packages for the staff of each minority Senator or more than four (4) benefit packages for the staff of each majority Senator unless otherwise determined by the Senate Majority Leader. 1.405 EMPLOYEES AS CANDIDATES Any Senate employee who files a nominating petition or pays a fee for ballot access or files an affidavit of candidacy for a full-time elective office shall be placed on an unpaid leave of absence. 1.406 TERMINATION OF EMPLOYMENT The Senate Majority Leader shall have the right to terminate the services of any employee and the pay of the employee shall stop on the day of dismissal. This rule shall not apply to any employee elected by the Senate or those employees specifically provided for by other Senate rules. CHAPTER II - SECTION 1 COMMITTEE ORGANIZATION 2.101 AUTHORIZATION FOR STANDING COMMITTEES Permanent standing committees and commissions of or appointed by the Senate, when created by rule of the Senate, shall exist and function both during and between sessions (see MCL 4.221). Permanent standing committees and commissions of or appointed by the Senate may by resolution perform and exercise such powers and authority in the interim between sessions as shall be delegated to such committees or commissions in said resolution(s). 2.102 POWERS AND RESPONSIBILITIES OF COMMITTEES a) Any Senator, while acting as a member of a committee, shall have authority to administer oaths to such persons as shall be examined before the committee of which he or she is a member (see MCL 4.85). b) Any committee may, by resolution of the Senate, be authorized to administer oaths, subpoena witnesses, and examine the books and records of any persons, partnerships, or corporations involved in a matter properly before any committee (see MCL 4.101). c) Any witness, or attorney representing a witness, may be punished for contempt by the Legislature (see MCL 4.82 and 4.101), under either of the following circumstances: 1) During a committee investigation and pursuant to a committee subpoena, he or she: a) Refuses to be sworn or testify, or b) Fails on demand to produce any papers, books, or documents in regards to any matter under investigation, or c) Otherwise neglects or refuses to obey the committee subpoena. 2) He or she is guilty of deliberately interfering with the duties and powers of the Legislature while in attendance at a committee hearing. d) Contempt of the Legislature shall be punishable as provided by law (see MCL 4.82 and 4.83). 2.103 STANDING COMMITTEES The standing committees of the Senate shall be: Agriculture (5 members) Appropriations (17 members) Banking and Financial Institutions (8 members) No. 38] [April 28, 2015] JOURNAL OF THE SENATE 523 Commerce (5 members) Economic Development AND INTERNATIONAL INVESTMENT (7 members) Education (5 members) Elections and Government Reform (5 members) Energy and Technology (10 members) Families, Seniors and Human Services (5 members) Finance (7 members) Government Operations (5 members) Health Policy (10 members) Insurance (9 members) Judiciary (5 members) Local Government (5 members) Michigan Competitiveness (5 members) Natural Resources (5 members) Outdoor Recreation and Tourism (5 members) Regulatory Reform (9 members) Transportation (5 members) Veterans, Military Affairs and Homeland Security (5 members) Statutory standing committees: Administrative Rules (5 members) (see MCL 24.235) Legislative Council (6 members and 3 alternates) (see MCL 4.1103) Legislative Retirement Board of Trustees (2 members) (see MCL 38.1026) Michigan Capitol Committee (4 members) (see MCL 4.1701) 2.104 COMMITTEE ON GOVERNMENT OPERATIONS a) All appointments to office submitted by the Governor, and any other executive business, shall be referred to the Committee on Government Operations. No appointment shall be voted upon until it has been printed in the Journal. 1) Any appointment not disapproved within sixty (60) session days after receipt shall stand confirmed (see Const. Art. 5, Sec. 6). 2) On all appointments to office reported favorably, the question shall be on advising and consenting to the appointment. On all appointments reported unfavorably or without recommendation, the question shall be on the disapproval of the appointment. 3) The vote of a majority of the Senators elected and serving by record roll call vote shall be required to approve or disapprove any appointment to office submitted by the Governor. Any appointments considered by the Senate shall be in open session, unless a majority of the Senators elected and serving shall vote in favor of an executive session (see Const. Art. 4, Sec. 19). b) If an appointment is made at a time when the sixty (60) days would lapse during an extended recess of the Senate, the Senate Majority Leader may schedule a session of the Senate for the sole purpose of carrying out the Senate’s constitutional duties to advise and consent on gubernatorial appointments. The Senate Majority Leader shall notify the Secretary of the Senate at least ten (10) calendar days prior to the date of the scheduled session. The Secretary of the Senate shall take all reasonable steps to notify the members of the Senate of the scheduled session. c) Effective upon written notification to the Secretary of the Senate, the chairperson of the Committee on Government Operations may request a Senate standing committee to hold hearings and make written recommendations to the Committee on Government Operations on a gubernatorial appointment or an executive order. The Senate standing committee shall adopt by committee vote a recommendation to the Committee on Government Operations. d) Executive orders issued by the Governor, except those dealing with matters of appropriations or expenditure reductions, shall be referred to the Committee on Government Operations. Any executive order dealing with matters of executive reorganization may be disapproved by a resolution concurred in by a majority of the members elected to and serving in each House within sixty (60) calendar days after receipt at a regular session, or a full regular session if of shorter duration. Unless disapproved within that time, the executive order shall become effective at a date thereafter to be designated by the Governor (see Const. Art. 5, Sec. 2). e) Executive orders dealing with matters of appropriations or expenditure reductions shall be referred to the Committee on Appropriations (see MCL 18.1391). f) The Committee on Government Operations shall receive for review all reports presented by the legislative auditor general. g) Effective upon written notification to the Secretary of the Senate, the chairperson of the Committee on Government Operations may request a Senate standing committee to hold hearings and make written recommendations to the Committee on Government Operations on an auditor general report. The Senate standing committee shall adopt by a committee vote a recommendation to the Committee on Government Operations. 524 JOURNAL OF THE SENATE [April 28, 2015] [No. 38 2.105 COMMITTEE CHAIRPERSONS AND TEMPORARY MEMBERS a) The first named member of any committee shall be the chairperson, the second named member shall be the majority vice chairperson, and the remaining members of the committee shall rank in the order in which they are named. The first named member of the minority party shall be the minority vice chairperson. In the temporary absence of the chairperson and majority vice chairperson, the highest ranking member in attendance shall act as chairperson. When all members of a subcommittee are also members of the standing committee, the committee chairperson shall appoint the subcommittee members. b) In the apparent prolonged absence of a member of a committee, the Senate Majority Leader shall fill the vacancy by appointing a committee member who shall serve until the absent Senator returns. A temporary committee member shall not be appointed chairperson of the committee by the Senate Majority Leader. 2.106 CALLING OF A COMMITTEE It shall be the duty of any committee to meet at the call of the chairperson, or on the written request of a majority of the members of the committee. The call or request must contain the date, time, and place of the meeting. No committee of any status shall sit during a session of the Senate, except during recess, unless leave is granted by the Senate. No committee shall use the Senate Chamber for a public hearing during any regular or special session of the Legislature. 2.107 NOTICE OF MEETINGS AND PUBLIC HEARINGS a) A committee may hold a meeting or public hearing on any bill, or resolution, OR ALTERNATIVE MEASURE referred to the committee and on any issue relevant to the subject matter of the committee. Notice of the meeting or hearing, its subject, date, time, and place, shall be given in writing to the Secretary of the Senate who shall print it in the Journal and on the Senate calendar and post it where appropriate (see Const. Art. 4, Sec. 17). Oral announcement regarding a meeting or public hearing may be given to the Senate during a session by the chairperson, or a member, of the committee holding the meeting or public hearing. b) Notice of all committee meetings and public hearings shall comply with the Michigan Open Meetings Act (see MCL 15.261-15.275). 2.108 COMMITTEE STAFFING In addition to the allocation for staff as provided in Rule 1.117(e), the committee chairperson may appoint additional committee personnel as authorized by the Senate Majority Leader. The Senate Majority Leader may authorize joint utilization of personnel with the House of Representatives and may authorize the Senate to share in the cost. 2.109 COMMITTEE EXPENSES No committee may receive reimbursement for expenses unless authorized by the Senate Majority Leader. A report of committee expenses, prepared by the chairperson and the Secretary of the Senate DIRECTOR OF THE BUSINESS OFFICE from the documents on file in the Secretary of the Senate’s office SENATE BUSINESS OFFICE and approved by the chairperson, shall be filed quarterly with the Secretary of the Senate DIRECTOR OF THE BUSINESS OFFICE. The report shall include the date, payee, amount, and purpose of the expenditure. The Secretary of the Senate DIRECTOR OF THE BUSINESS OFFICE shall NOTIFY THE SECRETARY OF THE SENATE, FOR print PRINTING in the Journal, that the expense report is on file and open for public inspection. CHAPTER II - SECTION 2 COMMITTEE PROCEDURE 2.201 COMMITTEE QUORUM A quorum of a committee is a majority of the committee. The affirmative vote of a majority of the committee members serving is required to adopt an amendment or substitute to a bill, or resolution, OR ALTERNATIVE MEASURE and to report any matter to the Senate. A member must be present at the time a roll call is taken for his or her vote to count toward the required majority concurrence. 2.202 COMMITTEE RECORDS a) Each committee clerk shall keep a record of the assigned standing committee proceedings, including the date and time of each meeting, the committee members present and absent, and all action on bills, and resolutions, AND ALTERNATIVE MEASURES in the committee with the names and votes of members (see Const. Art. 4, Sec. 17). A member of the committee wishing to explain his or her vote may file a written explanation with the clerk of the committee within two (2)  legislative days after the vote is taken, which explanation shall be attached to the minutes. All minutes shall be available for public inspection during reasonable business hours. The committee record of its proceedings shall be transmitted biennially to the Secretary of the Senate within thirty (30) days of the final adjournment of the Legislature. The Secretary of the Senate shall be responsible for the storage of the committee minutes and records of its proceedings, which shall be available for public inspection upon request. b) The committee clerk of each committee shall keep the committee files, recordings, tapes, records, memoranda, or written documents in storage cabinets which are separate from his or her other records. The committee clerk shall provide the Secretary of the Senate with the identification numbers of the storage cabinets containing the committee records. The Secretary of the Senate shall tag the designated storage cabinets and maintain a record of this information. 2.203 COMMITTEE REPORTS a) All committees shall file a report of their activities following each meeting. All reports shall be submitted on a form prescribed and furnished by the Secretary of the Senate. The reports shall include the date, time, and place No. 38] [April 28, 2015] JOURNAL OF THE SENATE 525 of the committee meeting, the members in attendance, the vote of each committee member on any bill, resolution, ALTERNATIVE MEASURE, or other business, and the committee’s recommendation on immediate effect for any bill and shall be submitted to the Secretary of the Senate. The committee recommendation for immediate effect shall be considered on House bills at the time of Senate passage and on Senate bills upon their return from the House unless the Senate has previously given the bill immediate effect. All committees shall submit an attendance report to the Secretary of the Senate within two (2) Senate legislative days of the committee meeting. The Secretary of the Senate shall cause all committee reports and attendance reports to be printed in the Journal. b) Except for a committee report recommending a substitute, any bill, resolution, ALTERNATIVE MEASURE, or other business reported out of any committee shall be filed with the Secretary of the Senate as soon as possible and not later than 4:00 p.m. on the next calendar day (excluding weekends and holidays). A committee report recommending a substitute shall be filed not later than 4:00 p.m. on the second calendar day (excluding weekends and holidays). The Secretary of the Senate shall have the authority to retrieve any report not filed by these deadlines. c) If a bill, joint resolution, ALTERNATIVE MEASURE, or other business is reported back to the Senate with the recommendation that it be referred to a second committee, the reported bill, joint resolution, ALTERNATIVE MEASURE, or other business, and any amendments, shall be referred to that committee in accordance with Rule 3.106. d) All business not reported by a committee shall be returned to the Secretary of the Senate at the conclusion of each biennium. 2.204 ITEMS REPORTED WITHOUT RECOMMENDATION All items reported without recommendation, with or without amendments, by any committee shall lie on the table unless otherwise ordered by the Senate. To take from the table any item placed on the table in this manner shall require the vote of a majority of the Senators elected and serving. 2.205 MANUAL OF COMMITTEE PROCEDURE The rules of parliamentary law and practice in the most recent edition of Mason’s “Manual of Legislative Procedure” shall govern committee procedure in all cases except when they are inconsistent with the standing rules and published precedents of the Senate and its committees. 2.206 COMMITTEE TELEVISING, WEBCASTING AND CONDUCT a) Senate committee meetings may be taped, televised live or webcast through the equipment operated by the Secretary of the Senate staff. b) No person shall engage in any conduct during a Senate committee meeting which undermines the decorum of the meeting. All individual electronic devices during a committee meeting shall be turned off or left on non-audible alert. Failure to follow a warning issued by the chairperson may result in the device(s) being confiscated upon direction of the committee chairperson for the remainder of the meeting. CHAPTER III - SECTION 1 ORDER OF BUSINESS 3.101 TIME OF SESSION The Senate shall convene at 10:00 a.m. Tuesday through Thursday except on state holidays, unless otherwise ordered by the Senate. 3.102 ORDER OF BUSINESS The order of business of the Senate shall be as follows: 1. Call to Order 2. Invocation 3. Pledge of Allegiance 4. Attendance Roll Call 5. Motions and Communications 6. Messages from the Governor 7. Messages from the House 8. Conference Reports 9. Third Reading of Bills 10. General Orders 11. Resolutions 12. Introduction and Referral of Bills 13. Statements 14. Adjournment 3.103 CHANGE OF ORDER OF BUSINESS The Senate may change, bypass, or return to any order of business at any time by the consent of a majority of those voting. 3.104 QUORUM OF THE SENATE a) A majority of Senators elected and serving shall constitute a quorum (see Const. Art. 4, Sec. 14). b) Routine business on which no vote of the Senate is required may be disposed of on any day, with or without a quorum present, and proper entries shall be printed in the Journal. c) In the absence of a quorum, a motion is in order to order a Call of the Senate, recess or adjourn. 526 JOURNAL OF THE SENATE [April 28, 2015] [No. 38 3.105 COMMUNICATIONS TO THE SENATE The Secretary of the Senate shall compile official communications received by the Senate and shall make them available to all Senators. The presiding officer shall refer all communications which are informational only, to the Secretary of the Senate in one (1) order for their printing in the Journal. 3.106 COMMITTEE REPORTS ON THE CALENDAR a) All committee reports in the possession of the Secretary of the Senate shall be placed on the Senate calendar under the heading of Committee Reports. The Senate calendar shall be closed for printing at 4:00 p.m. on Tuesday, Wednesday and Friday. If a Senate committee is scheduled to meet on a Friday, Saturday or Sunday, the Senate calendar for a Tuesday session shall be closed for printing at 9:30 a.m. on Monday. If there is a Friday session, the calendar shall be closed at 4:00 p.m. on Thursday. If Monday is a state holiday, the Senate calendar for Tuesday shall be closed for printing on Friday at 12:00 noon. b) A Senator may object to a committee report on the basis of its sufficiency or proper authorization. The presiding officer shall place the objection before the Senate for its decision. c) All committee reports shall be laid over one (1) day. After one (1) session day a committee report shall be considered accepted and the item shall be referred as appropriate. 3.107 RESOLUTION CONSENT CALENDAR a) The Senate Majority Floor Leader and the Senate Minority Floor Leader or members who are their designees shall jointly compile a list to be known as the resolution consent calendar. It shall consist of Senate resolutions, Senate concurrent resolutions, and House concurrent resolutions which do not require committee referral and consideration, and the adoption of which may be accomplished by a majority of those voting. Resolutions which are subject to the voting requirements of Senate Rule 3.501, or governed by a voting requirement in statute, shall not be placed on the resolution consent calendar. b) Resolutions on the consent calendar shall be disposed of in a single vote. Before stating the question of adoption of the consent calendar, the presiding officer shall ask if there are objections. The objection of any Senator to the placement of one (1) or more items on the resolution consent calendar shall result in the removal of the stated item or items from that calendar. CHAPTER III - SECTION 2 INTRODUCTION OF BILLS 3.201 FIVE DAYS’ POSSESSION No bill shall be passed or become law, AND NO ALTERNATIVE MEASURE SHALL BE ADOPTED, at any regular session of the Legislature until it has been printed or reproduced and in possession of the Senate for at least five (5) days (see Const. Art. 4, Sec. 26). 3.202 BILLS, AND RESOLUTIONS, AND ALTERNATIVE MEASURES AMENDED BY THE HOUSE All bills, joint resolutions, and concurrent resolutions, AND ALTERNATIVE MEASURES returned by the House with amendments shall be laid over one (1) day. Consideration of bills, and joint resolutions, AND ALTERNATIVE MEASURES shall be resumed the following day under the same order of business. Consideration of resolutions shall be resumed the following day under the order of Resolutions. 3.203 REFERRAL OF BILLS, AND RESOLUTIONS, AND ALTERNATIVE MEASURES a) The Senate Majority Leader shall refer all bills, and joint resolutions, AND ALTERNATIVE MEASURES to a standing committee no later than one (1) Senate legislative day after being submitted to the Secretary of the Senate. The presiding officer shall announce the reference of all bills, and joint resolutions, AND ALTERNATIVE MEASURES. b) A bill introduced pursuant to the timely filing of a notice of objection by the Joint Committee on Administrative Rules to a proposed administrative rule shall be read twice and placed on the Senate calendar under the order of business of General Orders (see MCL 24.245a(3)). c) The Senate Majority Leader may change the original referral of a bill, or resolution, OR ALTERNATIVE MEASURE by oral notice to the Senate or written communication submitted to the Secretary of the Senate before the end of session on the next Senate legislative day following the day of the original referral. Notices of the written communication shall be announced by the Secretary of the Senate during session and both oral and written notifications shall be printed in the Journal. d) It shall be in order at any time before the final passage of any bill or the adoption of any resolution OR ALTERNATIVE MEASURE to move its commitment or recommitment to committee. e) The vote of a majority of the Senators elected and serving shall be required to discharge a committee from further consideration of any item referred to that committee. 3.204 RESOLUTIONS a) All resolutions shall be accompanied by nine (9) true copies. Resolutions which are not subject to provisions in other Senate rules shall be read once by title to the Senate, and referred to the Committee on Government Operations. Once submitted to the Secretary of the Senate, resolutions become the property of the Senate and shall remain in the possession of the Secretary of the Senate. Concurrent resolutions shall be transmitted to the House on adoption. b) Once a resolution is submitted to the Secretary of the Senate, any Senator and the President of the Senate wishing to co-sponsor it shall complete a form provided by the Secretary of the Senate. A member must be present and specifically No. 38] [April 28, 2015] JOURNAL OF THE SENATE 527 request to be named as a co-sponsor of a resolution. After adoption of a Senate resolution, the presiding officer may open the voting board to allow Senators to add their names as co-sponsors. c) After a Senate concurrent resolution has been adopted by both Houses and is returned to the Senate, the Secretary of the Senate is authorized to order the printing of the concurrent resolution unless amended by the House or otherwise directed by the Senate. 3.205 PRINTING All bills, and joint resolutions, AND ALTERNATIVE MEASURES shall be printed or reproduced after introduction unless otherwise ordered by the Senate. No bill, or joint resolution, OR ALTERNATIVE MEASURE shall be reported from a standing committee until it has been printed or reproduced. 3.206 THE BILL TITLE The title of a bill OR ALTERNATIVE MEASURE shall include: a) The object of the bill OR ALTERNATIVE MEASURE, and b) A reference to the section(s), act, and compilation numbers when amending any act which has been compiled. 3.207 THREE SEPARATE READINGS Every bill, and joint resolution, AND ALTERNATIVE MEASURE shall receive three (3) separate readings prior to its being passed or adopted. The presiding officer shall announce whether it is the first, second, or third reading. The first and second readings may be by title only. The third reading of a bill, or joint resolution, OR ALTERNATIVE MEASURE shall be in full unless otherwise ordered unanimously by the Senate. The third reading of a bill, or joint resolution, OR ALTERNATIVE MEASURE shall be on a day subsequent to that on which it is read a second time or is reported by the Committee of the Whole (see Const. Art. 4, Sec. 26). 3.208 INITIATIVE PETITIONS a) Initiative petitions received by the Secretary of the Senate from the Secretary of State shall be stamped with the date and time measured in hours and minutes. The Secretary of the Senate shall deliver the initiative petition to the Senate Majority Leader to be available for referral to committee on the next Senate legislative day (see Const. Art. 2, Sec. 9). b) Each initiative petition, when introduced, shall be read a first and second time by title and referred to committee. When reported out of committee, each initiative petition shall be placed on the order of Third Reading of Bills. c) Any law proposed by initiative petition shall be either enacted or rejected by the Legislature without change or amendment within forty (40) calendar days from the time such petition is received in the office of the Secretary of the Senate (see Const. Art. 2, Sec. 9). d) If the Senate rejects an A LAW PROPOSED BY initiative petition, the Senate may propose a different (“ALTERNATIVE”) measure on UPON the same subject. by a yea and nay vote on separate roll calls. AN ALTERNATIVE MEASURE SHALL BE LABELED “ALTERNATIVE MEASURE NO. ___ TO A LAW PROPOSED BY INITIATIVE PETITION”. AN ALTERNATIVE MEASURE SHALL NOT BE CONSIDERED FOR A SECOND READING UNLESS A LAW PROPOSED BY INITIATIVE PETITION HAS BEEN REJECTED BY A HOUSE. AN ALTERNATIVE MEASURE SHALL REQUIRE A MAJORITY VOTE OF THE MEMBERS ELECTED AND SERVING FOR ADOPTION, AND THE VOTE SHALL BE BY RECORD ROLL CALL. If the different ALTERNATIVE measure is passed ADOPTED by both Houses of the Legislature, both measures shall be submitted to the electors for approval or rejection at the next general election (see Const. Art. 2, Sec. 9). CHAPTER III - SECTION 3 MOTIONS 3.301 RECOGNITION The presiding officer shall recognize Senators to speak in the order in which they press their “request to speak” button, except when a Senator seeks recognition to introduce guests or to raise a point of order. A Senator, when recognized, shall address the presiding officer, standing at the microphone nearest to his or her desk. 3.302 PRECEDENCE OF MOTIONS The following motions shall take precedence in the order listed: 1. To fix the time to which to adjourn 2. To adjourn 3. To take a recess 4. To lay on the table 5. For the previous question 6. To postpone to a day certain 7. To commit or recommit to committee 8. To amend 9. To postpone indefinitely 3.303 MOTION IN WRITING No motion shall be debated until stated by the presiding officer or Chair. Any motion shall be reduced to writing on demand of the presiding officer, Chair or any Senator. The written motion shall be presented to the Secretary of the Senate and read before it is debated. 528 JOURNAL OF THE SENATE [April 28, 2015] [No. 38 3.304 MOTION WITHDRAWAL Any motion may be withdrawn by the maker of the motion before it is amended or adopted. 3.305 NONDEBATABLE MOTIONS a) The motions to adjourn, to recess, to reconsider, to lay on the table, for the previous question, to suspend the rules, and all questions relating to the priority of business shall be decided without debate. b) A nondebatable motion is not in order if the Senator, making the motion, speaks immediately before offering the motion, except a member may explain an amendment and then move to withdraw it from consideration. 3.306 CONSIDERATION FOLLOWING A RECESS When a recess is taken during the pendency of any question, the consideration of the question shall be resumed on the reassembling of the Senate. 3.307 MOTION TO LAY ON THE TABLE A motion to lay on the table shall carry with it all pending subsidiary questions except in case of laying an appeal or a motion to reconsider on the table. A motion taken from the table shall be divested of all subsidiary motions except motions to amend. The vote of a majority of the Senators elected and serving shall be required for a motion to remove any item from the table. Items laid on the table must first be removed from the table before they are eligible for further consideration by the Senate. 3.308 MOVE THE PREVIOUS QUESTION a) Any Senator may move the previous question. The previous question shall be ordered by a majority of the Senators voting. The motion for the previous question may be limited by the mover to one (1) or more of the questions preceding the main question. The effect of ordering the previous question shall be to close debate instantly, bringing the Senate to an immediate vote on the pending question or questions in their regular order. If the previous question is ordered on the third reading of a bill, or joint resolution, OR ALTERNATIVE MEASURE, only amendments to the bill, or joint resolution, OR ALTERNATIVE MEASURE that have been filed with the Secretary of the Senate prior to the motion calling for the previous question shall be considered, but the amendments shall not be debated. The yeas and nays may be demanded on any vote taken while the previous question is in effect. b) A motion to reconsider is in order under operation of the previous question before voting is completed on all pending items affected by the previous question. c) A motion for a Call of the Senate shall not be in order after the previous question has been ordered. No Senator shall dissent orally by making a statement of protest while the previous question is in effect. The previous question having been ordered, any question of order or appeal from the decision of the presiding officer shall be decided without debate. 3.309 MOTION TO DIVIDE Any Senator may call for a division of the question. If supported by a majority of the Senators voting, the question shall be divided providing it contains propositions sufficiently distinct in substance that, if one (1) is taken away, a substantive proposition remains for the decision of the Senate. 3.310 MOTION TO STRIKE OUT AND INSERT A motion to amend by striking out and inserting other words shall be indivisible. However, the words proposed to be struck out or inserted may be amended. 3.311 MOTION TO RECONSIDER a) No motion for the reconsideration of any vote shall be in order unless: 1) The subject matter on which the vote was taken is in the possession of the Senate, and 2) It is made on the same day the vote is taken or within the next two (2) Senate legislative days. b) The same question shall not be reconsidered more than once. c) The vote of a majority of the Senators elected and serving shall be required to reconsider the vote by which any bill, or joint resolution, OR ALTERNATIVE MEASURE was passed or adopted or the vote by which an amendment or substitute (but not an amendment to an amendment or a substitute) was adopted on Third Reading by the Senate. d) A motion to reconsider may be laid on the table. The tabling of a motion to reconsider the vote by which any bill, or joint resolution, OR ALTERNATIVE MEASURE failed to pass or be adopted by the Senate shall require the vote of a majority of the Senators elected and serving and shall postpone indefinitely the consideration of the bill, or joint resolution, OR ALTERNATIVE MEASURE. e) Tabling of a motion to reconsider shall not carry with it the original question but shall be a refusal to reconsider. It shall not be in order to take from the table a motion to reconsider, nor shall the vote whereby any motion to reconsider was laid on the table be reconsidered. 3.312 INDEFINITE POSTPONEMENT To postpone indefinitely further consideration of any bill, resolution, ALTERNATIVE MEASURE, or other matter shall require the vote of a majority of the Senators elected and serving, and the vote on such a motion shall not be reconsidered. 3.313 MOTION FOR CALL OF THE SENATE A Call of the Senate during session shall be ordered by a majority of the Senators voting whether a quorum or not. After a Call of the Senate is ordered, the doors shall be closed and the Senators shall not be permitted to leave the No. 38] [April 28, 2015] JOURNAL OF THE SENATE 529 Senate floor without permission of the Senate. The roll of the Senate shall be taken by the Secretary of the Senate and the absentees noted. The Sergeant at Arms, or persons duly empowered by a majority of the Senators voting, may be dispatched and may arrest any or all of the Senators absent without leave. CHAPTER III - SECTION 4 AMENDMENTS 3.401 TWO READINGS BEFORE AMENDMENT No bill, or joint resolution, OR ALTERNATIVE MEASURE shall be amended until it has been read twice. 3.402 AMENDMENTS ON THIRD READING a) The vote of a majority of the Senators elected and serving shall be required to adopt any amendment on Third Reading. b) If a series of amendments is offered to a bill, or joint resolution, OR ALTERNATIVE MEASURE and it becomes obvious the amendments are being used as a basis of obstruction, a motion may be made that the amendments be declared obstructive and the motion shall not be debatable. If the motion prevails, the amendments shall be read en bloc and a single vote shall be taken immediately on all of the amendments. In this case, no division of the question shall be allowed. 3.403 PRINTING OF AMENDMENTS IN THE JOURNAL a) No bill, or joint resolution, OR ALTERNATIVE MEASURE which has been reported with amendment or amendments by any committee shall be considered in Committee of the Whole until the amendment or amendments have been printed in the Journal. No bill, or joint resolution, OR ALTERNATIVE MEASURE amended in Committee of the Whole shall be considered on Third Reading of Bills until all amendments made in Committee of the Whole have been printed in the Journal. b) All amendments shall be submitted in writing and with six (6) copies and all substitutes shall be submitted with five (5) copies. CHAPTER III - SECTION 5 VOTING PROCEDURE 3.501 ACTIONS REQUIRING AN EXTRAORDINARY MAJORITY Action by the Senate on the following matters shall require a vote of two-thirds (2/3) of the Senators elected and serving except as otherwise noted: a) Amendment or Repeal of Initiated Law, three-fourths (3/4) of the Senators elected and serving (Const. Art. 2, Sec. 9) b) Expulsion of Member (Const. Art. 4, Sec. 16) c) Immediate Effect (Const. Art. 4, Sec. 27) d) Local or Special Act (Const. Art. 4, Sec. 29) e) Private or Local Purpose Appropriation (Const. Art. 4, Sec. 30) f) Overriding Veto (Const. Art. 4, Sec. 33) g) Bank and Trust Company Law (Const. Art. 4, Sec. 43) h) Courts of Limited Jurisdiction (Const. Art. 6, Sec. 1) i) Removal of Judge (Const. Art. 6, Sec. 25) j) State Borrowing (Const. Art. 9, Sec. 15) k) State Land Reserve Designation (Const. Art. 10, Sec. 5) l) Rejection or Reduction of Civil Service Pay Increases (Const. Art. 11, Sec. 5) m) Amendments to Michigan Constitution (Const. Art. 12, Sec. 1) n) Mackinac Bridge Bonds Refunding (Const. Schedule, Sec. 14) o) Amendments to increase the February 1, 1994 statutory limits on the maximum amount of ad valorem property taxes that may be levied for school district operating purposes, three-fourths (3/4) of the Senators elected and serving (Const. Art. 9, Sec. 3) 3.502 MAJORITY VOTE ON QUESTIONS SHORT OF THE FINAL QUESTION When a bill, or joint resolution, OR ALTERNATIVE MEASURE requires, pursuant to the Constitution, the concurrence of more than a majority of the Senators elected and serving, the concurrence of such majority shall not be requisite to decide any question for amendment or relating to the merits, being short of the final question, except on the question of the adoption of a conference report, concurring in House amendments, or receding from Senate amendments to any such bill, or joint resolution, OR ALTERNATIVE MEASURE returned from the House to the Senate for final action. 3.503 FINAL PASSAGE BY REQUIRED VOTE a) The vote on the final passage of any bill or the adoption of any joint resolution OR ALTERNATIVE MEASURE, including a joint resolution ratifying a proposed amendment to the federal Constitution, shall be taken by a record roll call vote, which shall be printed in the Journal (see Const. Art. 4, Sec. 26). b) When any bill, or joint resolution, OR ALTERNATIVE MEASURE receives the constitutionally required assent, that fact shall be certified on the bill, or joint resolution, OR ALTERNATIVE MEASURE by the Secretary of the Senate. c) When a bill is given immediate effect by a two-thirds (2/3) vote of the Senators elected and serving, that action remains in effect as the bill proceeds through the legislative process, unless the vote for immediate effect is reconsidered and defeated. 530 JOURNAL OF THE SENATE [April 28, 2015] [No. 38 3.504 DEMAND FOR RECORDED VOTE The record of the votes and names of the Senators voting on any question shall be printed in the Journal at the request of one-fifth (1/5) of the Senators present (see Const. Art. 4, Sec. 18), except during the Committee of the Whole. 3.505 VOTING a) After a question is stated by the presiding officer or Chair, no motion shall be in order and no Senator shall be entitled to speak until the roll call is finished and the result is declared. b) The electronic voting system shall be used, if operational, to determine the question before the body when the vote is taken by roll call or by division, and shall display the votes of each Senator and the running total. At the direction of the presiding officer, the Secretary of the Senate shall immediately activate the electronic voting system for one (1) minute for a roll call vote, after which the vote shall be closed and no further votes shall be entered in the record. If all Senators present have voted before one (1) minute has elapsed, the presiding officer may ask Senators if there is objection to closing the vote. If no Senator objects, the presiding officer shall instruct the Secretary of the Senate to close the board immediately and record the vote. c) The presiding officer or Chair may close a division vote at his or her discretion when it appears that all members present have had a reasonable opportunity to vote. d) If the electronic voting system is not operational, the presiding officer or Chair shall direct the Secretary of the Senate to conduct a roll call or a division vote orally, and to announce the results and record the roll call. e) A Senator shall not vote for another Senator. A person not a Senator shall not vote for any Senator. In addition to penalties prescribed by law, any Senator may be punished as the Senate may determine for voting for another Senator. If a person not a Senator votes or attempts to vote, he or she, in addition to penalties prescribed by law, shall be barred from the Senate floor for the remainder of the day’s session and may receive further punishment as the Senate Majority Leader deems proper. 3.506 A SENATOR’S RIGHT TO DISSENT a) A Senator may dissent from or protest against any act, proceeding, or resolution which he or she believes is injurious to any person or the public, and have the reason for his or her dissent printed in the Journal (see Const. Art. 4, Sec. 18). b) A Senator may dissent orally by making a statement of protest, unless the previous question is in effect, which shall not be limited in length, or by moving that a statement made personally during session on any order of business other than during the Committee of the Whole be his or her protest. A Senator may also dissent by concurring with another Senator’s protest or statement previously moved to be printed in the Journal during that day’s session. Dissent statements not made during the debate preceding or immediately following the vote from which a Senator is dissenting shall be made under the order of business of Statements. c) A Senator may dissent in writing not to exceed one thousand (1,000) words if: 1) He or she gives oral notice during session of an intent to file a written protest, and 2) On that day or prior to the end of session on the next Senate legislative day, a signed copy of the written protest is placed on each Senator’s desk and filed with the Secretary of the Senate, and 3) No objections are raised and sustained by the end of session on the first Senate legislative day following the day oral notice was given. d) All protests submitted in any of the above manners shall be printed in the Journal, except the Senate may refuse to print statements or material containing insulting and contemptuous matter under the guise of a protest. e) No statement of any Senator shall be printed in the Journal unless moved by that Senator. 3.507 ANNOUNCEMENTS AND STATEMENTS a) Announcements may be made during any order of business. Announcements are remarks concerning the session schedule, committee meetings, introduction of guests, congratulations, condolences or illness, requests to co-sponsor bills, and resolutions, AND ALTERNATIVE MEASURES, requests to be removed as a sponsor or co-sponsor of bills, and resolutions, AND ALTERNATIVE MEASURES, past vote intentions, or intentions of introducing legislation or resolutions. Announcements also include memorial remarks concerning the passing of individuals and may be made during any order of business except General Orders. b) Statements on topics, issues or items not properly before the Senate shall be made during the order of business of Statements. Dissent statements may be made under the order of business of Statements. c) A Senator is limited to one (1) statement each day under the order of business of Statements, except for dissent statements which are unlimited in number. d) Each statement shall be limited to five (5) minutes orally or, if submitted in writing, shall be no greater than one thousand (1,000) words, except an oral dissent statement made on the order of Statements shall not be limited in length. e) With the leave of the Senate, the President of the Senate may request that a statement made by the President be printed in the Journal. CHAPTER III - SECTION 6 APPROPRIATION BILLS 3.601 GENERAL APPROPRIATION BILLS The general appropriation bills for the succeeding fiscal year covering items set forth in the budget shall be passed or defeated in the Senate before it passes any appropriation bill for items not in the budget, except bills supplementing appropriations for the current fiscal year’s operation (see Const. Art. 4, Sec. 31). No. 38] [April 28, 2015] JOURNAL OF THE SENATE 531 3.602 BILLS REQUIRING APPROPRIATIONS Any bill containing an appropriation to carry out its purpose shall be considered an appropriation bill (see Const. Art. 4, Sec. 31). Appropriation bills, when reported back to the Senate favorably by a committee other than the Committee on Appropriations, shall, together with amendments proposed by that committee, be referred to the Committee on Appropriations for consideration. 3.603 ESTIMATED REVENUE One (1) of the general appropriation bills as passed by the Senate shall contain an itemized statement of estimated revenue by a major source in each operating fund for the ensuing fiscal year, the total of which shall not be less than the total of all appropriations made from each fund in the general appropriation bills as passed. CHAPTER III - SECTION 7 COMMITTEE OF THE WHOLE 3.701 FAVORABLE REPORTS All bills, and joint resolutions, AND ALTERNATIVE MEASURES reported back to the Senate favorably shall be referred to the Committee of the Whole with amendments, if any, proposed by the committee, which amendments shall be considered first by the Committee of the Whole. Any bill, or joint resolution, OR ALTERNATIVE MEASURE may, after having been reported favorably to the Senate by a committee, be referred to a second committee. If the second committee reports the bill, or joint resolution, OR ALTERNATIVE MEASURE back to the Senate, the report shall include amendments, if any, that were recommended by the first committee. The reported bill, or joint resolution, OR ALTERNATIVE MEASURE, and any amendments, shall be referred to the Committee of the Whole. 3.702 BUSINESS IN ORDER When the Senate resolves itself into the Committee of the Whole, General Orders shall be the only matter of business which shall be in order until the Committee rises. 3.703 BILLS, AND JOINT RESOLUTIONS, AND ALTERNATIVE MEASURES CONSTITUTING GENERAL ORDERS a) Bills, and joint resolutions, AND ALTERNATIVE MEASURES referred to the Committee of the Whole shall constitute General Orders and shall be considered in the Committee of the Whole on a day subsequent to such referral in the order of their reference, unless the Senate or the Committee of the Whole otherwise determines. b) No bill, or joint resolution, OR ALTERNATIVE MEASURE shall bypass consideration by the Committee of the Whole. 3.704 CHAIRPERSON OF THE COMMITTEE OF THE WHOLE The presiding officer shall, when the Senate resolves itself into the Committee of the Whole, designate a Senator as chairperson of the Committee, unless otherwise ordered by the Senate. Senators shall be designated alphabetically. The Majority and Minority Floor Leaders shall submit to the Secretary of the Senate names of designees for members of their respective caucuses when they are unable to serve. 3.705 RULES IN THE COMMITTEE OF THE WHOLE a) The rules of the Senate shall be observed in the Committee of the Whole so far as may be applicable, except limiting debate, ordering the previous question, suspension of rules, or taking the yeas and nays. However, no speech shall exceed five (5) minutes. A motion that the Committee rise shall always be in order and decided without debate. Motions in the Committee of the Whole recommending action by the Senate shall take precedence in the same order as identical motions made during a session of the Senate. Motions to recess or reconsider are in order in the Committee of the Whole. b) No statement made during the Committee of the Whole shall be printed in the Journal. c) In the event the Senate is in session in the Committee of the Whole at 11:55 p.m., it shall be the duty of the chairperson to declare the Committee of the Whole to have risen. The Committee of the Whole shall automatically rise and the presiding officer of the Senate shall resume the chair. 3.706 BILLS ORDERED TO THIRD READING All bills, and joint resolutions, AND ALTERNATIVE MEASURES recommended for passage or adoption by the Committee of the Whole shall be placed on Third Reading of Bills by the Secretary of the Senate, and shall be taken up in the same order as they were advanced to the order of Third Reading of Bills unless otherwise ordered by the Senate. CHAPTER III - SECTION 8 PARLIAMENTARY PROCEDURE 3.801 AUTHORITY AND PRECEDENCE OF SENATE RULES a) The principal sources of authority for Senate rules are, in the order of precedence, as follows: 1) Constitutional Rules 2) Fundamental Legal Principles 3) Statutory Rules 4) Adopted Rules 5) Adopted Parliamentary Authority 6) Parliamentary Law 7) Customs and Usages 532 JOURNAL OF THE SENATE [April 28, 2015] [No. 38 8) Judicial Decisions Judicial decisions have the lowest precedence of the sources cited except to the extent they are interpretations of rules from one (1) of the other sources. In those instances, they take the same precedence as the source which is interpreted. b) Rules from the source with the higher precedence prevails when there are conflicts between rules from different sources. 3.802 MANUAL OF LEGISLATIVE PROCEDURE The rules of parliamentary practice in the most recent edition of Mason’s “Manual of Legislative Procedure” shall govern all cases except when they are inconsistent with the Standing Rules and precedents of the Senate. 3.803 RULES OF A NEWLY CONVENED SENATE The Senate rules which are in effect when the Senate adjourns sine die in an even numbered year shall be the temporary rules of the Senate when it convenes at twelve o’clock noon on the second Wednesday in January of the following odd numbered year and shall remain in effect until other temporary or permanent rules are adopted (see MCL 4.42). 3.804 AMENDMENT OR REPEAL OF SENATE RULES The repeal or amendment of any rule shall be accomplished only by resolution. All proposed amendments or repeals of Senate rules shall be referred to the Committee on Government Operations for consideration. The adoption of a proposed resolution for the repeal or amendment of any rule shall require a majority of the Senators elected and serving. 3.805 SUSPENSION OF RULES The suspension of any Senate rule or adopted parliamentary authority shall require a majority of the Senators elected and serving. CHAPTER III - SECTION 9 PRIVILEGE AND CONDUCT ON THE FLOOR 3.901 MEMBERS OF THE MEDIA Members of the media shall register with the Secretary of the Senate and may have their registration reviewed at any time. The following provisions shall govern the registration process: 1) A member of the media shall be defined as a person employed by or working as: a) A newspaper (as defined by U.S. postal regulations); b) A broadcast station licensed by the Federal Communications Commission, or a network serving one (1) or more licensed broadcast stations; c) A cable television system with a franchise granted by a Michigan unit of government, or a network serving one (1) or more franchised cable systems; d) A wire service; or e) An independent contractor on assignment to report state government news for an organization described above. 2) A visiting member of the media shall register on a daily basis at least thirty (30) minutes before the start of session with the Secretary of the Senate. 3) The Secretary of the Senate may, under special circumstances, register representatives of the media not defined above if it is determined to be in the public interest. 4) Technicians for broadcast/cable stations shall also be registered when accompanying members of the media and shall be subject to the same rules. 5) The Secretary of the Senate may revoke the registration of any member of the media for cause. Cause shall include, but not be limited to, a change in employment status, lobbying or acting as a lobbyist agent, disrupting Senate proceedings, or refusing to comply with Senate rules or the directives of the presiding officer, Senate Majority Leader, or Secretary of the Senate. A decision to revoke registration may be appealed to the Committee on Government Operations. 6) Members of the media may talk with only a currently-serving State Senator or a member of their staff in the front entry or the hallway behind the Senate rostrum. Members of the media, notwithstanding Senate Rule 3.902, may leave the media’s designated area and talk with only Senators or a member of their staff in the Chamber immediately following adjournment. 7) Members of the media shall enter from the north main door or the two (2) south doors on either side of the rostrum and shall proceed directly to the areas designated for the media. If a member of the media enters through the north main door, he or she shall proceed directly to the areas designated for the media using the east or west side aisles only. Members of the media shall not enter the cloak room or the restrooms of the Senate Chamber. 8) Members of the media may film, videotape, or photograph the Senate session from the media’s designated area. During the first twenty (20) minutes after the attendance roll call, with permission from the Senate, members of the media shall be allowed to film, videotape, or photograph from along the full length of the east and west side aisles. 9) A member of the media, including a broadcast technician, shall be entitled to record Senate session as long as it does not disrupt the proceedings of the Senate. “Record” shall mean videotaping, photographing, filming, taping, or electronically transmitting Senate proceedings or activities on the Senate floor when the Senate is in session. 3.902 FLOOR PRIVILEGE AND CONDUCT A) A session of the Senate shall be defined, for the purposes of this rule, as any period of time when the Senate is in session, any recess, and any fifteen (15)-minute period before the Senate convenes and five (5) minutes after it adjourns. No. 38] [April 28, 2015] JOURNAL OF THE SENATE 533 The Senate floor is defined as the Senate Chamber and adjoining Rooms S212, S204 (E. Lakin Brown Room), S204A, S201, and S207. Access to the Senate floor shall be restricted as outlined below during any session of the Senate, except that members of the public are permitted in Room S204 when a scheduled press conference is held there during session. 1) No person, other than the following, shall be admitted to the Senate floor: a) Senators or Representatives b) The President of the Senate c) The Governor d) Senators or Representatives in Congress e) Former Michigan Legislators f) The Secretary of the Senate and his or her support staff g) Legislative staff as authorized in guidelines issued by the Senate Majority Leader h) One (1) representative of the Governor, which shall include the Attorney General or their staff and the Secretary of State and their staff i) Members of the immediate family of a Senator or the President of the Senate j) Registered members of the media pursuant to Rule 3.901 k) A guest who has been invited by a Senator to offer the invocation, and an immediate family member of that guest. 2) No registered lobbyist or lobbyist agent, including former Legislators, shall be allowed on the Senate floor. They shall not be allowed in the hallway behind the Senate rostrum, unless en route to or from the Lieutenant Governor’s Office (S215) or the Elijah Myers Room (S208). 3) A former Legislator shall not lobby on the Senate floor, except if they are admitted under Senate Rule 3.902 A) 1) g) or h). B) No person shall engage in any conduct on the Senate floor during any session of the Senate which undermines the decorum of the Senate. All persons who are admitted to the Senate floor shall observe the following guidelines: 1) No Senator shall speak until recognized by the presiding officer, unless the Senator rises to make a point of order. 2) Except as otherwise outlined in other Senate rules, no Senator shall speak on any matter not properly before the Senate. 3) No Senator shall speak more than twice in any one (1) debate on the same day, without leave of the Senate, except the Senator who sponsored the matter under consideration, the Senator who sponsored the bill, or resolution, OR ALTERNATIVE MEASURE if an amendment is under consideration, the chairperson of the committee which reported it and the chairperson of the subcommittee which considered the matter. Each speech shall not exceed five (5) minutes or, if submitted in writing, shall not exceed one thousand (1,000) words, except there is no limit on the length of an oral dissent statement. 4) No Senator shall speak impertinently or submit in writing impertinent statements, attack the motives of any Senator who proposes or advocates a particular position, use indecent language or other disorderly words, or refer to another Senator by name in a disparaging way. 5) No Senator shall use a display, exhibit, or prop on the Senate floor during discussions, debate, statements, or the announcement of the introduction of a bill, or resolution, OR ALTERNATIVE MEASURE. 6) No person other than a Senator, the President of the Senate, the Secretary and Assistant Secretary of the Senate, or the Sergeants at Arms shall pass through the well of the Senate Chamber which is immediately in front of the Senate rostrum. 7) No person shall pass between the presiding officer and a Senator who is speaking. 8) No person other than a Senator, the President of the Senate, the Secretary of the Senate, or the Sergeants at Arms shall use the center aisle of the Chamber. 9) No person other than a Senator shall sit in a Senator’s chair. 10) No staff shall be allowed on the Senate floor unless they wait in the majority or minority lounge or the lounge at the rear of the Chamber until they are needed by a Senator and shall then be seated at a Senator’s desk. 11) No member of the media shall be allowed on the Senate floor unless he or she is in the media’s designated area, except as otherwise provided in Rule 3.901. 12) No smoking shall be permitted on the Senate floor. 13) All individual electronic devices shall be turned off or on non-audible alert during Senate session. Failure to follow a warning issued by the presiding officer or Chair may result in the device(s) being confiscated for the duration of the session upon direction of the presiding officer or Chair. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted, a majority of the members serving voting therefor. Senators Brandenburg, Hopgood, Kowall, Stamas and Zorn were named co-sponsors of the resolution. 534 JOURNAL OF THE SENATE [April 28, 2015] [No. 38 enator Ananich offered the following resolution: S Senate Resolution No. 44. A resolution to commemorate April 28, 2015, as Workers’ Memorial Day. Whereas, Every year on April 28, communities and worksites around the world honor friends, family members, and colleagues who have been killed or injured on the job; and Whereas, The Federal Bureau of Labor Statistics has reported that 4,405 workers were killed in 2013 by traumatic injuries, and an estimated 50,000 died from occupational diseases. On average, 12 workers were killed on the job every day; and Whereas, In 2014, 122 workers were lost through fatal workplace accidents in Michigan, and in 2012, there were 105,500 injuries and illnesses reported; and Whereas, It is appropriate to honor the memory of the courageous and dedicated members of Michigan’s labor force who have been injured, disabled, or have died as a result of workplace accidents; and Whereas, We remember those who have died in workplace catastrophes, suffered occupational-related diseases, or have been injured due to dangerous conditions; and Whereas, Recognition of the integrity of Michigan’s work force and its achievements on behalf of the economic growth of our state is necessary; and Whereas, The Michigan Senate wishes to pay tribute to the workers who have died, been injured, or disabled in workplace accidents. We honor the contributions of Michigan’s work force and call for increased workplace safety; now, therefore, be it Resolved by the Senate, That we hereby commemorate April 28, 2015, as Workers’ Memorial Day in Michigan. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Brandenburg, Gregory and Kowall were named co‑sponsors of the resolution. Introduction and Referral of Bills Senators Knezek, Jones, Bieda, Hood, O’Brien, Hertel, Brandenburg, Schuitmaker, Hopgood, Schmidt, Emmons, Knollenberg, Proos, Ananich, Nofs, Horn, Young, Warren, Hildenbrand, Zorn, Rocca, Marleau, Robertson, Booher and Gregory introduced Senate Bill No. 298, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 50a and 502c (MCL 750.50a and 750.502c), section 50a as added by 1994 PA 42 and section 502c as amended by 1998 PA 38. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. Senators O’Brien, Jones, Bieda, Hood, Knezek, Hertel, Brandenburg, Schuitmaker, Hopgood, Schmidt, Emmons, Knollenberg, Proos, Ananich, Nofs, Horn, Young, Warren, Hildenbrand, Zorn, Rocca, Marleau, Robertson, Booher and Gregory introduced Senate Bill No. 299, entitled A bill to amend 1970 PA 207, entitled “An act to exempt certain dogs from license fees,” by amending the title and section 1 (MCL 287.291), the title as amended by 1981 PA 74 and section 1 as amended by 2000 PA 4. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. Senators Hood, Bieda, Hopgood, Emmons and Gregory introduced Senate Bill No. 300, entitled A bill to amend 2011 PA 256, entitled “Michigan fireworks safety act,” by amending section 7 (MCL 28.457), as amended by 2013 PA 65. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Warren, Hopgood, Ananich and Bieda introduced Senate Bill No. 301, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec­ tions 17301, 17305, 17307, and 17309 (MCL 324.17301, 324.17305, 324.17307, and 324.17309), sections 17301, 17307, and 17309 as added by 2008 PA 394; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Natural Resources. No. 38] [April 28, 2015] JOURNAL OF THE SENATE 535 Senator Jones introduced Senate Bill No. 302, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 916a. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4325, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1219. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Education. House Bill No. 4326, entitled A bill to amend 2012 PA 436, entitled “Local financial stability and choice act,” by amending sections 2 and 4 (MCL 141.1542 and 141.1544). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Education. House Bill No. 4327, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1220. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Education. House Bill No. 4328, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 102 (MCL 388.1702), as amended by 2013 PA 60. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Education. House Bill No. 4329, entitled A bill to amend 2012 PA 436, entitled “Local financial stability and choice act,” (MCL 141.1541 to 141.1575) by adding section 7a. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Education. House Bill No. 4330, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 17a and 18 (MCL 388.1617a and 388.1618), section 17a as amended by 2014 PA 196 and section 18 as amended by 2015 PA 5. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Education. House Bill No. 4331, entitled A bill to amend 1980 PA 243, entitled “Emergency municipal loan act,” by amending sections 2, 3, 4, 6, and 7 (MCL 141.932, 141.933, 141.934, 141.936, and 141.937), as amended by 2012 PA 284. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Local Government. House Bill No. 4332, entitled A bill to amend 1855 PA 105, entitled “An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies,” by amending section 1 (MCL 21.141), as amended by 2012 PA 287. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Local Government. 536 JOURNAL OF THE SENATE [April 28, 2015] [No. 38 Statements Senator Colbeck asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Colbeck’s statement is as follows: I am saddened to report the death of one of our very own. Navy SEAL, Special Warfare Operator 1st Class Brett Allen Marihugh of Livonia, Michigan, died Sunday during a training accident at the Combat Swimming Training Facility at Joint Expeditionary Base Little Creek-Fort Story. Special Warfare Operator 1st Class Brett Allen Marihugh served in the United States Marine Corps from 1999 to 2003 before joining the Navy in 2006. He served with the East and West Coast-based SEAL teams, earning numerous awards and decorations, including the Bronze Star, Joint Service Achievement Medal, Combat Action Ribbon, and the Navy/ Marine Corps Commendation Medal with Combat V in support of the global war on terrorism. It was just Saturday when my wife and I were listening to a former member of SEAL Team 6, Rob O’Neill, share the rigors of SEAL team training, including the difficult BUDS training program. As we go about our hectic lives, it’s not often that we pause to reflect on the sacrifices being made on our behalf every day by people such as Navy SEAL Brett Allen Marihugh and the thousands of other members of the military and their families. Too often, people take for granted the rights these brave men and women have pledged to defend on our behalf and never pause to truly appreciate all that they do for us. So, today, I ask for a moment of silent prayer in honor of Special Warfare Operator 1st Class Brett Allen Marihugh. A moment of silence was observed in memory of Navy SEAL, Special Warfare Operator 1st Class Brett Allen Marihugh. Committee Reports The Committee on Appropriations reported Senate Bill No. 118, entitled A bill to make appropriations for the department of community health for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 120, entitled A bill to make appropriations for the department of education for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel and Young Nays: Senator Knezek The bill and the substitute recommended by the committee were referred to the Committee of the Whole. No. 38] [April 28, 2015] JOURNAL OF THE SENATE 537 The Committee on Appropriations reported Senate Bill No. 122, entitled A bill to make appropriations for the legislature, the judiciary, the executive, the department of attorney general, the depart­ ment of state, the department of treasury, the department of technology, management, and budget, the department of civil service, the department of civil rights, and certain state purposes related thereto for the fiscal year ending September 30, 2016; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Nofs, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: Senators Shirkey and Proos The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 124, entitled A bill to make appropriations for the department of human services for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau Nays: Senators Gregory, Hopgood, Hertel, Knezek and Young The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 125, entitled A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau and Knezek Nays: Senators Gregory, Hopgood, Hertel and Young The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 127, entitled A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Hopgood, Hertel and Knezek Nays: Senator Young The bill and the substitute recommended by the committee were referred to the Committee of the Whole. 538 JOURNAL OF THE SENATE [April 28, 2015] [No. 38 The Committee on Appropriations reported Senate Bill No. 132, entitled A bill to make appropriations for the department of transportation for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Tuesday, April 21, 2015, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young The Committee on Families, Seniors and Human Services reported House Bill No. 4188, entitled A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” (MCL 722.111 to 722.128) by adding sections 14e and 14f. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones and Casperson Nays: Senator Johnson The bill was referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported House Bill No. 4189, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” (MCL 710.21 to 712B.41) by adding section 23g to chapter X. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones and Casperson Nays: Senator Johnson The bill was referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported House Bill No. 4190, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 5a. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson No. 38] [April 28, 2015] JOURNAL OF THE SENATE 539 To Report Out: Yeas: Senators Emmons, Pavlov, Jones and Casperson Nays: Senator Johnson The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Families, Seniors and Human Services submitted the following: T Meeting held on Wednesday, April 22, 2015, at 3:00 p.m., Room 210, Farnum Building Present: Senators Emmons (C), Pavlov, Jones, Casperson and Johnson The Committee on Appropriations reported Senate Bill No. 117, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 201a (MCL 388.1801 and 388.1801a), as amended by 2014 PA 196. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 123, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 236a (MCL 388.1836 and 388.1836a), as amended by 2014 PA 196. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood and Hertel Nays: Senators Knezek and Young The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 130, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2014 PA 196 and section 17b as amended by 2007 PA 137. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau Nays: Senators Gregory, Hopgood, Hertel, Knezek and Young The bill and the substitute recommended by the committee were referred to the Committee of the Whole. 540 JOURNAL OF THE SENATE [April 28, 2015] [No. 38 COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, April 22, 2015, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young he Committee on Veterans, Military Affairs and Homeland Security reported T Senate Concurrent Resolution No. 9. A concurrent resolution to urge the U.S. Department of Defense, Missile Defense Agency to select the Fort Custer Training Center as the location for a new ground-based interceptor ballistic missile defense mission. (For text of resolution, see Senate Journal No. 29, p. 361.) With the recommendation that the concurrent resolution be adopted. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The concurrent resolution was placed on the order of Resolutions. COMMITTEE ATTENDANCE REPORT he Committee on Veterans, Military Affairs and Homeland Security submitted the following: T Meeting held on Thursday, April 23, 2015, at 2:00 p.m., Room 110, Farnum Building Present: Senators O’Brien (C), Emmons, Zorn, Colbeck and Knezek Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development and House Agriculture and Rural Development Appropriations Sub­ com­mittee  - Monday, May 4, 10:00 a.m., Press Room, Hazel Park Raceway, 1650 East 10 Mile Road, Hazel Park (373‑2768) K-12, School Aid, Education and House School Aid Appropriations Subcommittee - Wednesday, June 3, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Finance - Tuesday, May 5, 2:30 p.m., Room 210, Farnum Building (373-5312) Michigan Law Revision Commission - Wednesday, May 13, 11:30 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212) Transportation - Thursday, April 30, 8:30 a.m., Room 210, Farnum Building (373-5323) Veterans, Military Affairs and Homeland Security - Thursday, April 30, 2:00 p.m., Room 110, Farnum Building (373‑5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:34 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, April 29, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 39 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, April 29, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—excused Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 542 JOURNAL OF THE SENATE [April 29, 2015] [No. 39 astor Enoch Olson of Spring Hill Camp of Ludington offered the following invocation: P Almighty God, our Heavenly Father, God of those who put their trust in You, whose power is infinite and wisdom infallible: Gathered here this morning are the committed men and women chosen to direct the affairs of this great state. They now come seeking Your all-wise counsel and guidance for all their deliberations. It is our greatest and noblest pleasure to be acquainted with You and confess that all things come from You, even life itself. We pray for the many in this world who have neither today. Lord, we acknowledge that it is only because of Your mercies that You have brought us to the dawn of this new day. We do not approach You because we deserve Your notice, but only because of Your faithful forgiveness. We are awed by Your majestic power and glory and drawn to You by Your unfailing love. We say with the writer of old, who is like You, O Lord, among the Gods? Who is like You majestic in holiness, awesome in power, doing wonders? We come to You because our necessities compel us, our humble hearts incite us, Your promises encourage us, Your Spirit invites us, and so here we stand before Your very presence in honor of Your holy name. We often feel powerless, confessing that when our faith sleeps, our hearts become an unclean thing, the fount of every unclean desire and thought. O Lord, we pray that You would awaken our faith to draw on Your strength until all heaven fills our souls and all impurity is cast out. We carry into this troubled world the weaknesses of our human heart, knowing that without You we can do nothing. So we come to You for the wisdom and strength required for the duties and events of this new day. Lord, there are hard decisions to be made, budgets to be established, and issues that need consensus. Lord, we are seeking one heart, one soul, and one mind to see and accomplish those things which are right and true. Vain will be our actions unless we give ourselves to the riches of Your grace and the power that takes us beyond the limits of our human abilities to achieve those things which seem impossible. Lord, order the events of this day that they may neither hinder nor discourage, nor prove to be obstacles to the progress and glory of Your cause. Preserve our understanding from the subtlety of error, our affections from vain passions, our character from the stain of vice, and our profession from every form of evil. Chase away the mist of ignorance so we stumble not in the darkness of our pride. O Lord, You have given us this great and wonderful nation as our heritage. Bless our country with honest industry, truthful education, and an honorable way of living, and, Father, defend our liberties. When blessed with prosperity, may we feel from You and not find it to be a snare in our walk, but may we bless You for all that You give to us. We are encouraged, Lord, and we pray now that You would engage us in nothing in which we cannot implore Your blessing and which we cannot invite Your inspection. Prosper us, prepare us, Lord, for the tasks of this day, and may the times that we become discouraged, Lord, we pray that You will prepare us for that. Lord, we live in a very messy world where evil and hatred rule. Teach us that it is only through the power and name of Jesus that we can conquer and heal this great world, because only He has conquered both evil and death. We pray Your kingdom come and Your will be done on earth, as it is in heaven. Teach us how to redeem our time and walk in love toward those whom we serve with. May this day be a happier and blessed one because we live. Now, as we cross the threshold of this day, we commit ourselves, soul, body, mind, and strength and all our deliberations to Your care and order all our communications according to Your wisdom. May we speak each word as if it be our last and walk our path as if it be our final step. O Lord, when times are prosperous, let our hearts be thankful. In times of trouble, give us hope and faith to experience the things we believe to be true. May our trust in You, the sovereign God who never falters or fails. May we the people of this great nation never forget that it is You who gives us hope and salvation through Jesus Christ, our Savior and Lord. Blessed be Your name forever. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Casperson, Robertson and Smith entered the Senate Chamber. enator Kowall moved that Senators Meekhof and Green be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Johnson and Young be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Gregory be excused from today’s session. S The motion prevailed. No. 39] [April 29, 2015] JOURNAL OF THE SENATE 543 The following communications were received: Department of State Administrative Rules Notices of Filing April 22, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-064-LR (Secretary of State Filing #15-04-08) on this date at 3:52 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 6. Fire Exits.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. April 22, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-065-LR (Secretary of State Filing #15-04-09) on this date at 3:52 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 50. Telecommunications.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. April 22, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-066-LR (Secretary of State Filing #15-04-10) on this date at 3:52 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 55. Explosives and Blasting Agents.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. April 23, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-067-LR (Secretary of State Filing #15-04-11) on this date at 2:40 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 56. Storage and Handling of Liquefied Petroleum Gases.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. April 23, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-070-LR (Secretary of State Filing #15-04-12) on this date at 2:40 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 78. Storage and Handling of Anhydrous Ammonia.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. 544 JOURNAL OF THE SENATE [April 29, 2015] [No. 39 The Secretary announced that the following bills were printed and filed on Tuesday, April 28, and are available at the Michigan Legislature website: Senate Bill Nos. 298 299 300 301 302 By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senators Knollenberg, Marleau, Kowall and Zorn introduced Senate Bill No. 303, entitled A bill to amend 1937 PA 215, entitled “An act to authorize municipalities to own or control cemetery or burial grounds; to provide for perpetual care and maintenance; to provide for endowment and perpetual care funds; and to permit munici­ palities to authorize the creation of joint cemetery associations,” by amending section 1 (MCL 128.1), as amended by 1980 PA 366. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Kowall, Robertson, Horn, Emmons, Bieda, Marleau, Booher and Hildenbrand introduced Senate Bill No. 304, entitled A bill to amend 2008 PA 429, entitled “Scrap metal regulatory act,” by amending section 6 (MCL 445.426), as added by 2014 PA 99. The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment. Senator Green introduced Senate Bill No. 305, entitled A bill to prohibit political subdivisions in this state from imposing certain restrictions on the transportation, possession, carrying, sale, transfer, purchase, gift, devise, licensing, registration, or use of knives or components of knives; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Local Government. Senators Green, Robertson, Colbeck, Horn, Hildenbrand, MacGregor, Marleau and Booher introduced Senate Bill No. 306, entitled A bill to enter into the compact for a balanced budget. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Proos as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 271, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 1014. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senators Meekhof, Johnson and Young entered the Senate Chamber. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:14 a.m. No. 39] [April 29, 2015] JOURNAL OF THE SENATE 545 10:23 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator Green entered the Senate Chamber. By unanimous consent the Senate returned to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 4151 House Bill No. 4152 House Bill No. 4153 House Bill No. 4154 House Bill No. 4155 House Bill No. 4156 Senate Bill No. 218 House Bill No. 4160 House Bill No. 4161 The motion prevailed. The following bill was read a third time: House Bill No. 4151, entitled A bill to repeal 1959 PA 186, entitled “An act to regulate the use of certain spring, gas or air operated handguns and to provide a penalty for violation of this act,” (MCL 752.891 to 752.892). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 111 Yeas—30 Ananich Hildenbrand Marleau Rocca Booher Horn Meekhof Schmidt Brandenburg Hune Nofs Schuitmaker Casperson Jones O’Brien Shirkey Colbeck Knezek Pavlov Smith Emmons Knollenberg Proos Stamas Green Kowall Robertson Zorn Hansen MacGregor Nays—7 Bieda Hertel Hood Johnson Young Hopgood Warren Excused—1 Gregory In The Chair: President Not Voting—0 546 JOURNAL OF THE SENATE [April 29, 2015] [No. 39 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. Protests Senators Bieda and Hood, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 4151. Senator Bieda moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.” The motion prevailed. Senator Bieda’s statement, in which Senator Hood concurred, is as follows: I am rising in opposition to this bill. This bill would repeal Public Act No. 186 of 1959, which prohibits a person under 18 years of age from using or possessing any handgun designed and manufactured exclusively for propelling BBs, not exceeding a certain caliber, or a means of spraying gas or air outside of the minor’s home, unless accompanied by an adult. As I was looking at this legislation and looking at some of the events that have happened nationally with children who have been either carrying toy guns or other types of guns that may look like a real gun, it occurred to me that this could very well be a recipe for disaster. I think the safety of children in this state is paramount. I think this is something that we should take a very hard look at, whether we want to allow a 10-year-old to walk around with a BB gun or an air gun that may look like a real gun. It doesn’t take much imagination to see a circumstance, which we have seen around this country, of children getting shot because a police officer or someone else thought they were holding a real gun. Again, this is a child safety issue. To paraphrase a movie some of you might remember, A Christmas Story, “You’ll shoot your eye out, kid.” I think these are dangerous. I don’t want to see any children lose their eye, and I don’t want to see anyone lose their life. I urge my colleagues to give this careful consideration, and I urge you to vote “no” on House Bill No. 4151. The following bill was read a third time: House Bill No. 4152, entitled A bill to amend 1846 RS 1, entitled “Of the statutes,” by amending section 3t (MCL 8.3t). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 112 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Gregory No. 39] [April 29, 2015] JOURNAL OF THE SENATE 547 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4153, entitled A bill to amend 1952 PA 10, entitled “An act to define the duties of any person who discharges a firearm and thereby injures any person; and to prescribe penalties for violations of the provisions of this act,” by amending section 1 (MCL 752.841). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 113 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Gregory Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4154, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40102, 40111, and 43503 (MCL 324.40102, 324.40111, and 324.43503), section 40102 as amended by 2007 PA 48, section 40111 as amended by 2012 PA 340, and section 43503 as amended by 2012 PA 520. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 548 Roll Call No. 114 JOURNAL OF THE SENATE [April 29, 2015] [No. 39 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Gregory Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4155, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 222, 226, 227b, 227c, 227d, 237a, and 528a (MCL 750.222, 750.226, 750.227b, 750.227c, 750.227d, 750.237a, and 750.528a), section 222 as amended by 2012 PA 242, section 227b as amended by 1990 PA 321, sections 227c and 227d as added by 1981 PA 103, section 237a as added by 1994 PA 158, and section 528a as added by 1986 PA 113. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 115 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey No. 39] [April 29, 2015] JOURNAL OF THE SENATE 549 Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Gregory Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4156, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 1 (MCL 28.421), as amended by 2015 PA 3. The question being on the passage of the bill, Senator Jones offered the following substitute: Substitute (S-2). The substitute was adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 116 Ananich Bieda Booher Yeas—37 Hildenbrand Kowall Rocca Hood MacGregor Schmidt Hopgood Marleau Schuitmaker 550 JOURNAL OF THE SENATE [April 29, 2015] [No. 39 Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Gregory Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Senator Jones offered to amend the title to read as follows: A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 1 (MCL 28.421), as amended by 2015 PA 16. The amendment to the title was adopted. The Senate agreed to the title as amended. The following bill was read a third time: Senate Bill No. 218, entitled A bill to amend 2004 PA 46, entitled “Public safety officers benefit act,” by amending the title and section 2 (MCL 28.632) and by adding section 4a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 117 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel No. 39] [April 29, 2015] JOURNAL OF THE SENATE 551 Nays—0 Excused—1 Gregory Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4160, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 234e (MCL 750.234e), as added by 1990 PA 321. The question being on the passage of the bill, Senator Bieda offered the following amendment: 1. Amend page 2, line 9, by striking out all of enacting section 2 and inserting: “Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 98th Legislature are enacted into law: (a) House Bill No. 4161. (b) House Bill No. 4261.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 118 Yeas—10 Ananich Hood Knezek Warren Bieda Hopgood Smith Young Hertel Johnson Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Excused—1 Gregory 552 JOURNAL OF THE SENATE [April 29, 2015] [No. 39 Not Voting—0 In The Chair: President he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 119 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Gregory Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”. The Senate agreed to the full title. Senator Bieda asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Bieda’s statement is as follows: I rise to speak to my amendment and urge this body to broaden its conversation on guns. I’m not taking issue with the legislation that is before us today. In fact, I supported these bills when they passed out of committee, and I plan to support them today. However, as we continue to take up these types of bills that reevaluate our state’s gun laws, I think that it is critical that we take a hard look at some of the other issues with guns in Michigan and try to balance those individual rights while still protecting the public. No. 39] [April 29, 2015] JOURNAL OF THE SENATE 553 My amendment would tie-bar this legislation to House Bill No. 4261, which is designed to ban carrying guns in schools and keep our children and communities safe. Again, I don’t mean to take anything away from the legislation that is here before us, but I do believe that it is important that we do not forget to include this discussion about guns in schools as part of this ongoing debate. Regardless of your stance on guns, I think that we should all be able to agree that the safety of our children should be paramount, and this amendment will properly establish that. Recently, in Madison Heights, Michigan, and Ann Arbor, we had situations where several individuals were testing Michigan’s open-carry laws, and they actually carried guns on school grounds. This has created a quandary for school administrators, public safety advocates, and police. I think that this is something we need to address, and that is why I urge your support for this amendment. I ask my colleagues for their support. The following bill was read a third time: House Bill No. 4161, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 222 (MCL 750.222), as amended by 2012 PA 242. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 120 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Gregory Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”. The Senate agreed to the full title. 554 JOURNAL OF THE SENATE [April 29, 2015] [No. 39 Senator Bieda asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Bieda’s statement is as follows: I bring this amendment on this bill to again illustrate some of the issues that we have in this state and a demand from many citizens, school administrators, and police professionals that we address this vague area in our law. Within the last month, we had a situation in Madison Heights, where a rifle-carrying man caused Madison Heights educators to lock down Lamphere High School twice in a week, including one at the noon hour. Even though this man never set his foot on school grounds, there was an issue with reports of this man carrying a gun on school grounds. The Ann Arbor School Board is also demanding a change after a man was openly carrying a handgun into a school concert. Colleagues, I know that this is a difficult issue for many of you, particularly where your support may come from. I do think that this is an important issue that we need to address. I’m going to withdraw this amendment based on the promise of the chairman of the committee to give this issue a hearing. I think it’s really important that we discuss this issue. I would hate to put you both on another record roll call vote against school safety, but I do think that this is an important issue that I would like to discuss. With that, I’m going to withdraw my amendment. By unanimous consent the Senate proceeded to the order of Statements Senators Ananich, Green and Young asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Ananich’s statement is as follows: Colleagues, I rise today to share some great news with this body on a new investment by General Motors that continues to create jobs and foster automotive advancement in Flint. Kettering University is working with GM to turn a vacant former General Motors manufacturing site into a next-generation auto proving grounds and power train research lab. The General Motors Foundation automotive research area project is expected to be up and running in two years, and the project will put Flint on the cutting edge of fostering talent and automotive innovation. This project is made possible thanks to a generous $2 million gift from General Motors and another $2 million from the General Motors Foundation. More than 300 Kettering students, faculty, and staff, GM officials, and community members attended a press conference yesterday to celebrate the donations and kick off the project. Two of those students got the surprise of a lifetime, as General Motors also used the event to award them each $100,000 scholarships. This is great news. This is just the latest in a longstanding commitment from General Motors to Flint and Michigan as whole. General Motors has been one of the cornerstones of Flint and our state’s economy since being founded in Flint in 1908. The resurgence has been a key part of our state’s economic recovery. There are few places where that is felt stronger than in my district. Since 2010, General Motors has invested more than $1.4 billion and created 1,766 jobs in Flint. Their continuing investment in a GM truck plant in Flint has made them another anchor employer that has created countless jobs and truly kept our local economy afloat. The Flint area alone is home to over 7,000 General Motors employees. My city and our state’s success is tied to GM’s success. Their ability to invest and grow is thanks in large part to the support of this body and our state government as a whole. On behalf of the people of Flint and around Michigan, I want to thank General Motors for their continued investment in my community and in our state. enator Green’s statement is as follows: S The state lost a great defender of gun rights a few months ago, and I would like to read a special proclamation that I had prepared to honor a great friend: “LET IT BE KNOWN, That it is with deep gratitude for his selfless service to our nation, his leadership in support of the Second Amendment and his tireless dedication to public safety that we join together to remember and honor Richard ‘Dick’ Love. Richard served his nation with distinction in the United States Army from 1953 to 1955 during the Korean War. He answered his nation’s call and proudly defended our freedom, our way of life and the freedoms of his fellow man across the globe against the threats of tyranny and oppression. Following his honorable discharge from the Army, he continued to serve his comrades-in-arms and his community as an active member of the Veterans of Foreign Wars. As a soldier, Richard defended our freedom against threats abroad; as a civilian, he continued to defend that freedom here at home. Over the years, he became instrumental in Second Amendment organizations and legislative efforts, serving as a principled yet soft-spoken grassroots leader and as a trusted advisor to elected officials. Though one to avoid the spotlight, he played a pivotal role in the passage of substantial legislative reforms on behalf of Michigan’s gun owners. A devoted husband, father and grandfather who valued family and community, he dedicated his life to preparing honest, law-abiding citizens to defend themselves against violence. He was a longtime firearms instructor and owner of No. 39] [April 29, 2015] JOURNAL OF THE SENATE 555 The Weaponry Shop, equipping and training countless private citizens and police officers in the lawful, defensive use of firearms. The superior quality of the training he provided was well-known and became a standard by which others were measured. IN SPECIAL TRIBUTE, Therefore, This document is signed and dedicated to remember and honor Richard ‘Dick’ Love for his life of service, leadership and dedication that touched the lives of so many and that will live on through others for generations to come.” I would like to ask my colleagues to acknowledge the family of Dick Love; they are residing in the north Gallery. A moment of silence was observed in memory of Richard “Dick” Love, Second Amendment rights advocate. enator Young’s statement is as follows: S Mr. President, the federal RFRA law was implemented after two Native American men were denied employment benefits for taking the drug peyote as part of a religious rite—which is why we need to free the weed, but that is a different conversation for a different day. Native Americans and all U.S. citizens are protected from race discrimination by federal and state civil rights laws. The federal law extended those protections to include religion, but the state-based RFRA laws we are seeing pop up nationwide reverse that. They allow a person or business to use their sincerely-held religious belief as a reason to deny service, housing, employment, et cetera, to any person not already covered by state or federal civil rights laws. Who in Michigan isn’t already protected by the Elliot-Larsen Civil Rights Act? Lesbian, gay, bisexual, and transgender Michiganders. So while a person cannot legally deny renting a home to an African-American woman or man, they could under this law deny renting a house to a lesbian. My question is, where does it stop? If it is people of the LGBT com­ munity today, what’s next? Are they are going to go back to deny African Americans services? Are they going to deny obese people services? Am I going to go into a store and be denied my right to buy a donut because someone thinks I’m obese, and it’s against their religion? I will be damned if I can’t buy a Whopper because it’s against somebody else’s religion. That’s outrageous and absurd. Mr. President, deep in your heart to places you don’t want to go, you know I’m right about that. Put simply, the RFRA bill introduced is a license to discriminate against LGBT Michiganders. It is not the same as the federal law, although they share a name. The federal law is designed to protect people from persecution. The state-level laws are to protect those who would persecute our LGBT friends, our families, our neighbors, our brother, our sister, and our men and women of the Armed Services. Mr. President, this discrimination has to stop and it has to stop now. We saw the backlash against Indiana after RFRA was signed into law. It’s well-deserved. This law is the polar opposite of everything this nation stands for. It saddens me to think of Michigan inviting similar discrimination and inequality. I will fight relentlessly to keep this from passing. Mr. President, I say to you today for all of my LGBT community, all my friends, all my brothers and sisters, I say equal rights today, equal rights tomorrow, and equal rights forever. Do not pass this abomination of a RFRA law. Committee Reports The Committee on Local Government reported Senate Bill No. 62, entitled A bill to amend 1937 PA 103, entitled “An act to prescribe certain conditions relative to the execution of instruments entitled to be recorded in the office of the register of deeds,” by amending section 3 (MCL 565.203). With the recommendation that the substitute (S-2) be adopted and that the bill then pass. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Proos, Brandenburg, Rocca and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Local Government reported House Bill No. 4075, entitled A bill to amend 1895 PA 161, entitled “An act to require county treasurers to furnish transcripts and abstracts of records, and fixing the fees to be paid therefor,” by amending section 1 (MCL 48.101), as amended by 1984 PA 291. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. Dale W. Zorn Chairperson 556 JOURNAL OF THE SENATE [April 29, 2015] [No. 39 To Report Out: Yeas: Senators Zorn, Proos, Brandenburg, Rocca and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, April 28, 2015, at 12:30 p.m., Room 100, Farnum Building Present: Senators Zorn (C), Proos, Brandenburg, Rocca and Young The Committee on Education reported Senate Bill No. 103, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1249 and 1249a (MCL 380.1249 and 380.1249a), section 1249 as amended by 2014 PA 257 and section 1249a as added by 2011 PA 102, and by adding sections 1249b and 1531j; and to repeal acts and parts of acts. With the recommendation that the substitute (S-3) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher and Colbeck Nays: Senator Knezek The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, April 28, 2015, at 12:00 noon, Room 110, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development and House Agriculture and Rural Development Appropriations Sub­ com­mittee - Monday, May 4, 10:00 a.m., Press Room, Hazel Park Raceway, 1650 East 10 Mile Road, Hazel Park (373-2768) K-12, School Aid, Education and House School Aid Appropriations Subcommittee - Wednesday, June 3, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Finance - Tuesday, May 5, 2:30 p.m., Room 210, Farnum Building (373-5312) Michigan Law Revision Commission - Wednesday, May 13, 11:30 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212) Transportation - Thursday, April 30, 8:30 a.m., Room 210, Farnum Building (373-5323) Veterans, Military Affairs and Homeland Security - Thursday, April 30, 2:00 p.m., Room 110, Farnum Building (373‑5314) No. 39] [April 29, 2015] JOURNAL OF THE SENATE 557 enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:15 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, April 30, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 558 No. 40 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, April 30, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 560 JOURNAL OF THE SENATE [April 30, 2015] [No. 40 avid Pendley of Midland offered the following invocation: D Heavenly Father, this morning, we first and foremost want to thank You for who You are and who You have made us to be. God, we ask that what You have entrusted us with, that we would seek Your will in all things. Father, this morning, we also ask that You bless our time together and the decisions that are made. We come to You and ask that You care for all of those who serve in our military, police force, and the firemen and especially that You would bless families. We ask these things in Jesus’ name. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Johnson, Hansen, Green, Knezek and Hood entered the Senate Chamber. Senator Kowall moved that Senators Meekhof, Brandenburg, Knollenberg and Hune be temporarily excused from today’s session. The motion prevailed. enator Hood moved that Senators Bieda, Smith and Young be temporarily excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Emmons admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, April 29: House Bill Nos. 4102 4115 4363 4364 4381 4382 4383 4384 4397 4398 4399 4400 4439 The Secretary announced that the following bills and joint resolution were printed and filed on Wednesday, April 29, and are available at the Michigan Legislature website: House Bill Nos. 4520 4521 4522 4523 4524 4525 4526 4527 4528 4529 4530 4531 4532 House Joint Resolution P Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:04 a.m. 10:30 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator Emmons introduced the Central Michigan University Men’s Basketball Team, Mid-American Conference Champions; Coach Keno Davis, Senior Associate Athletic Director Brad Wachler, Assistant Coach Kyle Gerdman, Assistant Coach Kevin Gemble, and Director of Basketball Operations D.J. Massini; and presented them with a Special Tribute. During the recess, Senator Emmons introduced the Central Michigan University Women’s Field Hockey Team, MidAmerican Conference Champions; Head Coach Molly Polowshi, Assistant Coach Earl Morais, Graduate Assistant Emily Girasol, and Sports Administrator Bengy Wilber; and presented them with a Special Tribute. No. 40] [April 30, 2015] JOURNAL OF THE SENATE 561 During the recess, Senator Emmons introduced the Central Michigan University Women’s Gymnastics Team, Mid‑American Conference Champions; Head Coach Terry Olrich, Assistant Coach Vince Smurro, and Associate Head Coach Christine MacDonald; and presented them with a Special Tribute. During the recess, Senators Knollenberg, Bieda, Meekhof, Young, Smith, Hune and Brandenburg entered the Senate Chamber. Senators Pavlov, Bieda and Knezek asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Pavlov’s statement is as follows: I would like to welcome a very special group of athletes in the east Gallery, the Richmond High School Boys Wrestling Team, to the Senate today. The team recently won the MHSAA Division 3 State Championship. This 2015 state cham­ pion­ship marks the seventh for the Richmond wrestling program. I want to extend congratulations to Brandon Day, as he was named Coach of the Year, as well as Dennis Skatzka for being named Assistant Coach of the Year. I am very proud of their accomplishments and the sense of pride that they have brought to the community. I would like to introduce the members of the team. First, the 10 seniors: Jordan Adams, Connor Behem, Adam Boyd, Anthony Hinojosa, Brady Lafore, Xavier Nuckles, Austin Pawlak, Devin Skatzka, Austin Vannatter, and Derek Wyatt. The four juniors: Graham Barton, Zack Roberts, Cody Keller, and Aaron Kilburn. The seven sophomores: August Aiken, Hunter Bergeon, Roy Costello, Keenan Mrad, Nathan Ostaszewski, Gary Resk, and Owen Vannatter. And 10 freshmen: Dominic Bastian, Jacob Hatcher, Jeff James, David Kaltz, Nick Matthes, Tyler Marino, Colton McKiernan, Alex Roberts, Sam Toia, and Alex Ziza. Please help me welcome the Richmond High School Wrestling Team. enator Bieda’s statement is as follows: S I would like to have the body’s attention as we give a fond farewell and big thank you to Marc Olshove, who has been an intern in my office and member of the General Services staff as a courier since September 2013. Many of you may know that Marc is my constituent who hails from Warren. Marc came to Lansing following his graduation from Warren Woods Tower High School in 2010 to follow his strong interest in public service. While he worked in my office and in General Services, he attended Lansing Community College, where he worked on his core curriculum classes. He has decided to further his interest in public policy by attending Wayne State University this fall and is pursuing a Bachelor of Public Affairs degree. Marc has been a devoted employee who is always cheerful, helpful, and well-liked. As he closes the door on his time in the Senate, let us give him a hand to acknowledge his contributions and all of his hard work during his time in the Senate. enator Knezek’s statement is as follows: S Today, I have to unfortunately say good-bye to a member of my staff. I know that oftentimes we stand up and talk about the good times and memories we have had with a staff member. Today, that is true for me and even more difficult because he is not only a good staff member, but also a very good friend of mine. My deputy chief of staff, Shane Henson, will have his last day working for the Michigan Senate tomorrow. He is leaving to work on a congressional campaign—onto bigger and better things. Obviously, we are very proud of him for that. Shane and I go back to college where we met at the University of Michigan-Dearborn. The first time we both ran for Student Government in college was together. Our relationship and friendship has continued since then until he worked as the communications director for my campaign for the State Senate. I will attempt to give you an idea of Shane and his personality. He is incredibly smart. With regard to presidential history and American history, he knows it all and can rattle it off at the drop of a hat. He is also a free spirit. He likes to go off on adventures. Midway through my campaign for the State Senate, Shane came in and told me that he had been given a job working on a crab boat in Alaska, and he got up and left. He was gone for a month. Then one day I received a call and he told me he got a job in Alaska and he was going to stay. I told him I was really hoping he would come back to work on my campaign. About two days later, he called me again to tell me the job fell through, and he was coming back to Michigan. The very next day, as I was sitting at my kitchen table working on the campaign, I looked out the front door, and his white Impala pulled up. He got out of the car, walked in, and sat in the same chair he did a month prior. He got right back to work as if nothing had happened. So he has earned the nickname around the office “Yukon Cornelius.” Again, his sense of adventure and free spirit is something that I am jealous of. While I am so happy and excited that he is moving on to bigger and better things, it certainly is a tremendous loss for the 5th District and personally for me. It is a loss to lose the friendship, guidance, and mentorship from someone I have relied on so heavily. If my colleagues could stand and join me in thanking Mr. Henson for his service, I would appreciate it. 562 JOURNAL OF THE SENATE [April 30, 2015] [No. 40 Messages from the Governor The following messages from the Governor were received: Date: April 29, 2015 Time: 11:56 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 18 (Public Act No. 18), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appro­pria­tions; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” (MCL 324.101 to 324.90106) by adding section 2120a. (Filed with the Secretary of State on April 29, 2015, at 2:38 p.m.) Date: April 29, 2015 Time: 11:58 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 19 (Public Act No. 19), being An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” by amending section 27a (MCL 211.27a), as amended by 2014 PA 535. (Filed with the Secretary of State on April 29, 2015, at 2:40 p.m.) Respectfully, Rick Snyder Governor The following messages from the Governor were received and read: April 25, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Aeronautics Commission J. David VanderVeen of 5479 Bristol Parke Drive, Clarkston, Michigan 48348, county of Oakland, succeeding himself, is reappointed for a term expiring May 27, 2019. Peter Jay Kamarainen of 109 Oakwood Street, Grand Ledge, Michigan 48837, county of Eaton, succeeding himself, is reappointed for a term expiring May 27, 2019. April 28, 2015 I respectfully submit to the Senate the following appointments to office: Advisory Council on Deaf, Deafblind and Hard of Hearing Sarah Ann Liming of 2325 Heights Avenue, Lansing, Michigan 48912, county of Ingham, representing deaf or hard of hearing persons, succeeding Mel Whalen, is appointed for a term expiring January 18, 2016. Katlyn M. Maviglia of 509 Franklin Street, Dundee, Michigan 48131, county of Monroe, representing deaf or hard of hearing, succeeding Freida Morrison, is appointed for a term expiring January 18, 2018. No. 40] [April 30, 2015] JOURNAL OF THE SENATE 563 April 28, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Historical Commission Brian James Egen of 720 O’Brien Street, Monroe, Michigan 48161, county of Monroe, representing the general public, succeeding himself, is reappointed for a term expiring May 21, 2019. April 29, 2015 I respectfully submit to the Senate the following appointments to office: Advisory Board for the Michigan Intelligence Operations Center for Homeland Security Thomas Reich of 1822 Winchester Way, Eaton Rapids, Michigan 48827, county of Eaton, representing local sheriffs’ departments, succeeding Tilman Crutchfield, is appointed for a term expiring April 11, 2019. Michael A. Bruggeman of 4448 Harold Drive, Troy, Michigan 48085, county of Oakland, representing residents of the state, succeeding himself, is reappointed for a term expiring April 11, 2019. April 29, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Film Office Advisory Council Jennifer Fischer of 1250 W. Long Lake Road, Bloomfield Hills, Michigan 48302, county of Oakland, nominee of the Speaker of the House, succeeding Marc Prey, is appointed for a term expiring September 30, 2018. April 29, 2015 I respectfully submit to the Senate the following appointment to office: Governor’s Traffic Safety Advisory Commission Lawrence B. Hummel of 8632 S. Mt. Hope Road, Carson City, Michigan 48811, county of Montcalm, representing local units of government, succeeding himself, is reappointed for a term expiring May 27, 2018. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator MacGregor as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill: House Bill No. 4038, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5718 (MCL 600.5718). The bill was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4054, entitled A bill to amend 1987 PA 96, entitled “The mobile home commission act,” by amending sections 2, 4, 16, 17, 43, and 48 (MCL 125.2302, 125.2304, 125.2316, 125.2317, 125.2343, and 125.2348), section 2 as amended by 2012 PA 588, sections 4, 16, and 17 as amended by 2006 PA 328, and section 43 as added by 1988 PA 337, and by adding sections 48b and 50. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the following bill be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 271 The motion prevailed. 564 JOURNAL OF THE SENATE [April 30, 2015] [No. 40 The following bill was read a third time: Senate Bill No. 271, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 1014. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 121 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following concurrent resolution be postponed for today: S Senate Concurrent Resolution No. 9 The motion prevailed. enators Hopgood, Hood, Nofs, Knezek, Proos, Knollenberg, Green, Marleau and Emmons offered the following resolution: S Senate Resolution No. 45. A resolution commemorating May 2015 as Asian Pacific American Heritage Month. Whereas, The state of Michigan is fortunate to be home to more than 300,000 residents of Asian and Pacific Island descent; and Whereas, Asian Pacific Americans comprise one of the fastest-growing populations in both the state and the nation; in fact, the largest-growing population in Michigan, according to the 2010 U.S. Census; and Whereas, The Asian and Pacific Island regions are tremendously diverse; with more than thirty countries, sixteen major ethnic groups, nine languages, and numerous belief systems bringing their culture to Michigan; and Whereas, Citizens of Asian and Pacific Island descent, in each generation—from the laborers who connected our coasts one and a half centuries ago to the patriots who fought overseas while their families were interned at home—these patriotic Americans have enhanced our culture, quality of life, and economic vitality through leadership, commitments to knowledge and advancement, and dedication to their communities; and No. 40] [April 30, 2015] JOURNAL OF THE SENATE 565 Whereas, The state of Michigan and the United States of America have been enriched by the contributions of Asian Pacific Americans in all facets of life, including the arts, sciences, business, education, and philanthropy. Michigan has recognized the contribution Asian Pacific Americans and other immigrants make to our economy with the establishment of the Michigan Office for New Americans; and Whereas, The culture and contributions of our Asian and Pacific Island residents will continue to grow in significance as more Asian Pacific Americans choose to make Michigan their home and as our economy becomes increasingly intertwined with the economies throughout Asia; and Whereas, Asian Pacific Americans, through advocating issues of justice and equality, continue to break down the barriers of discrimination, indifference, and intolerance, thereby opening doors for all Asian Pacific Americans; and Whereas, Asian Pacific American residents are proudly served in Michigan by many dedicated organizations, including the Asian Pacific American Affairs Commission, Asian Pacific American Chamber of Commerce, Council of Asian Pacific Americans, Asian American Citizens for Justice, Asian Center Southeast Michigan and West Michigan, West Michigan Asian Pacific American Association, APIA-Vote Michigan, and Michigan Asian Pacific American Bar Association; and Whereas, The state of Michigan takes pride in its cultural diversity and welcomes the opportunity to honor our Asian Pacific American residents for their lasting, expanding imprint upon our state; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate May 2015 as Asian Pacific American Heritage Month in the state of Michigan. We encourage all citizens to celebrate the individual and collective contributions of Asian Pacific Americans to this state and to this country. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Gregory, Hansen, Hertel, Hildenbrand, Kowall, Schmidt and Warren were named co‑sponsors of the resolution. enator Hune offered the following resolution: S Senate Resolution No. 46. A resolution to designate May 4-8, 2015, as InfantSEE® Week in the state of Michigan. Whereas, The most critical stages of vision development occur in the first year of a child’s life; and Whereas, Undetected eye and vision problems can lead to permanent vision impairment or loss of life; and Whereas, 1 in 10 children is at risk from undiagnosed eye and vision problems, and 1 in 30 children will be affected by amblyopia—a leading cause of vision loss in people younger than 45 years old; and Whereas, Undetected vision problems can contribute to a decrease in a child’s quality of life, and may lead to develop­ mental and behavioral difficulties which impede classroom learning, as well as increase the costs to society; and Whereas, Early detection of vision problems is the best way to treat and prevent permanent vision impairment; and Whereas, Member optometrists of the American Optometric Association and The Vision Care Institute of Johnson & Johnson Vision Care, Inc., have partnered to create InfantSEE®, a public health program to provide a one-time, no-cost eye assessment for infants six to twelve months old; now, therefore, be it Resolved by the Senate, That the members of this legislative body hereby designate the week of May 4-8, 2015, as InfantSEE® Week in the state of Michigan. Our aim is to promote awareness of children’s vision care; and be it further Resolved, That copies of this resolution be transmitted to the Michigan Optometric Association with our highest esteem. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Emmons, Gregory, Hansen, Hertel, Hildenbrand, Hopgood, Knollenberg, Kowall, Marleau, Nofs, Schmidt, Warren and Zorn were named co‑sponsors of the resolution. Senators Shirkey, Schmidt, Casperson, Colbeck, Proos, Robertson, MacGregor, Emmons, Hildenbrand, Hune, Booher, Pavlov, Zorn, Schuitmaker, Stamas and Kowall offered the following concurrent resolution: Senate Concurrent Resolution No. 12. A concurrent resolution to urge the United States Supreme Court to recognize its limited historic role in a federal system and to urge the states to become proactive in defending their sovereignty against federal overreach. Whereas, The Founders of our republic established a federalist system, characterized by a clear division of powers defined by a written constitution, whereby the powers of the general government were clearly limited and the existing, retained powers of the states clearly established; and 566 JOURNAL OF THE SENATE [April 30, 2015] [No. 40 Whereas, The powers of the federal government were explained by James Madison in Federalist No. 45 to be “few and defined” and touching mainly on international issues of “war, peace, negotiation, and foreign commerce.” In contrast, the powers “which are to remain in the State governments are numerous and indefinite” and pertain to domestic affairs which “will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State”; and Whereas, A majority of the states, in ratifying the U.S. Constitution from 1787 to 1790, demanded that the proposed constitution be amended to clearly define the existing, retained powers of the states. The new federal government responded by proposing to the states the Bill of Rights which recognized the existing, retained powers of the states and provided strict limitations on the powers of the new federal government; and Whereas, The Tenth Amendment to the U.S. Constitution was adopted to ensure that the balance of power between the federal government and state governments remained in perpetuity; and Whereas, This arrangement of federalism best meets the needs of the states which often vary in customs and values and which are in a position to best understand the needs and desires of their own citizens. Altering wrongs on the part of government is much more easily accomplished at the state level than at the federal level; and Whereas, Nothing has changed in the U.S. Constitution since the adoption of the Bill of Rights which would alter that balance of power between the federal government and the states; and Whereas, Generations after the Fourteenth Amendment was ratified, the United States Supreme Court began to embrace novel legal doctrines, most notably the Incorporation Doctrine which, contrary to prior court precedent, redefines the Fourteenth Amendment to be a constitutional watershed, one which makes every state and local law or custom subject to federal oversight, thereby proclaiming unto itself an authority never granted to it by the people. Beginning in the mid-1900s, the courts began to use the Fourteenth Amendment as a pretext for subsuming the long existing powers of the states, shaping society according to their own philosophies, and in the process, destroying federalism and rendering the Tenth Amendment all but meaningless; and Whereas, A court which recognizes no proper boundary to its own power, particularly the boundaries established by the Tenth Amendment to the U.S. Constitution, has great potential for precipitating irreparable harm to the republic, as illustrated by the 1857 Dred Scott v. Sandford decision and as stated by President Abraham Lincoln in his first inaugural address, referring to that infamous case, “…if the policy of the government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court the instant they are made…the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal…”; and Whereas, Among a free people, living in a democratic, constitutional republic, it is a grave injury to democracy itself that a single judge or court could, simply by decree, set aside or overturn the expressed will of the entire people; and Whereas, It is the responsibility of the states to defend the powers they retained under the U.S. Constitution. Chief Justice John Roberts wrote in NFIB v. Sebelius, “In the typical case we look to the States to defend their prerogatives by adopting ‘the simple expedient of not yielding’ to federal blandishments when they do not want to embrace the federal policies as their own… The States are separate and independent sovereigns. Sometimes they have to act like it.”; and Whereas, This resolution is part of our sworn duty to defend both the Michigan Constitution and the U.S. Constitution. Every state legislator from the state of Michigan swears an oath that he or she will support these constitutions; now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That we urge the United States Supreme Court to recognize its limited historic role in a federal system in which powers are separated among the branches of government and, most importantly, between the federal government and the state governments, and to recognize that it is the right of the individual states under the Tenth Amendment to determine certain domestic state issues; and be it further Resolved, That we urge our fellow states to proactively defend their sovereignty from federal overreach; and be it further Resolved, That copies of this resolution be transmitted to the Justices of the United States Supreme Court, the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, and the legislatures of the other forty-nine states. Pursuant to rule 3.204, the concurrent resolution was referred to the Committee on Government Operations. Senators Brandenburg, Green, Hansen, Knollenberg, Marleau and Nofs were named co‑sponsors of the concurrent resolution. Introduction and Referral of Bills Senators Young and Knezek introduced Senate Bill No. 307, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 15a of chapter XVII (MCL 777.15a), as added by 2002 PA 206. The bill was read a first and second time by title and referred to the Committee on Judiciary. No. 40] [April 30, 2015] JOURNAL OF THE SENATE 567 Senators Young, Knezek, Hood, Johnson and Ananich introduced Senate Bill No. 308, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811bb. The bill was read a first and second time by title and referred to the Committee on Transportation. Senators Stamas, Schmidt, Ananich and Brandenburg introduced Senate Bill No. 309, entitled A bill to amend 1978 PA 59, entitled “Condominium act,” by amending section 66 (MCL 559.166), as amended by 1983 PA 113. The bill was read a first and second time by title and referred to the Committee on Local Government. Senators Colbeck, Nofs, Knollenberg, Zorn, Knezek, Proos, Green, O’Brien and Robertson introduced Senate Bill No. 310, entitled A bill to prohibit an employer from discriminating against, disciplining, or discharging an employee who is absent from work to respond to an emergency as a civil air patrol volunteer; and to provide remedies for a violation of this act. The bill was read a first and second time by title and referred to the Committee on Commerce. Senators Hopgood, Gregory, Smith, Hertel, Bieda, Young and Hood introduced Senate Bill No. 311, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 502, 503, 503c, 504a, 522, 523, 523c, 525, 528, 552, 553, 553c, 557, 1311d, 1311e, and 1311h (MCL 380.502, 380.503, 380.503c, 380.504a, 380.522, 380.523, 380.523c, 380.525, 380.528, 380.552, 380.553, 380.553c, 380.557, 380.1311d, 380.1311e, and 380.1311h), sections 502, 503, 522, 523, 528, and 553 as amended and sections 503c, 523c, and 553c as added by 2011 PA 277, section 504a as amended and section 525 as added by 2003 PA 179, section 552 as amended by 2012 PA 129, section 557 as added and section 1311e as amended by 2009 PA 205, section 1311d as added by 1999 PA 23, and section 1311h as amended by 2012 PA 620. The bill was read a first and second time by title and referred to the Committee on Education. Senators Ananich, Young, Hopgood and Hood introduced Senate Bill No. 312, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 507, 528, 561, and 1311l (MCL 380.507, 380.528, 380.561, and 380.1311l), sections 507, 528, and 561 as amended by 2011 PA 277 and section 1311l as added by 1999 PA 23. The bill was read a first and second time by title and referred to the Committee on Education. House Bill No. 4102, entitled A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2016 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4363, entitled A bill to amend 1984 PA 192, entitled “Forbes mechanical contractors act,” by amending section 10 (MCL 338.980), as amended by 2012 PA 312. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4364, entitled A bill to amend 2002 PA 733, entitled “State plumbing act,” by amending section 31 (MCL 338.3541), as amended by 2012 PA 311. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. 568 JOURNAL OF THE SENATE [April 30, 2015] [No. 40 House Bill No. 4381, entitled A bill to amend 1979 PA 152, entitled “State license fee act,” by amending sections 13, 17, 21, 25, 27, 29, 31, 37, 38, and 43 (MCL 338.2213, 338.2217, 338.2221, 338.2225, 338.2227, 338.2229, 338.2231, 338.2237, 338.2238, and 338.2243), sections 13, 17, 21, 25, 27, 29, 31, 37, and 38 as amended by 2012 PA 308 and section 43 as amended by 2013 PA 78. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4382, entitled A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 3 (MCL 338.883), as amended by 2012 PA 313. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4383, entitled A bill to amend 1986 PA 54, entitled “Building officials and inspectors registration act,” by amending section 13 (MCL 338.2313), as amended by 2012 PA 314. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4384, entitled A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending section 1060 (MCL 450.3060), as amended by 2014 PA 557. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. Statements Senators Bieda, Hood and Young asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Bieda’s statement is as follows: Forty years ago today marked the official end of the Vietnam War. As I talk with veterans in my district and with the several who serve in this chamber, I think it would be worthwhile for us to take a moment not only to thank those who served in the Vietnam War, but also to remember the 58,220 U.S. casualties in that conflict. So could we please thank those veterans with us today. A moment of silence was observed in memory of those who lost their lives in the Vietnam War and all other wars. enator Hood’s statement is as follows: S I rise today to recognize a young man, and I will start by reading something that was printed in the paper about a young man by the name of Calvin Peete: “Calvin Peete, who taught himself how to play golf at 24 and became the most successful black player on the PGA Tour before the arrival of Tiger Woods, died Wednesday morning, the PGA Tour said. He was 71. Peete won 12 times on the PGA tour, mainly on the strength of his uncanny accuracy off the tee. Peete led the PGA Tour in driving accuracy for 10 straight years in 1981, and he captured the Vardon Trophy over Jack Nicklaus in 1984. He also played on two Ryder Cup Tours. “Born July 18, 1943, in Detroit, Peete used to pick beans and corn in the fields in Florida to make money for his family. He eventually financed a station wagon from which he sold vegetables and other goods to migrants. He wasn’t interested in golf, even at the prodding of friends. Peete had spent enough time in the hot sun. “According to a 1983 profile in The New York Times, Peete became interested when he saw how much money golfers were making. He first took up the game in Rochester, New York, when he was 24. Within six months he was breaking 80, and a year later he was breaking par. “Even more remarkable is that Peete had a left arm he couldn’t fully extend. He had fallen from a tree and broken his elbow as a kid, and it was never properly set. That didn’t keep him from developing a repeatable swing that always seemed to find the fairway. No. 40] [April 30, 2015] JOURNAL OF THE SENATE 569 “Peete became the fourth black player to win on the PGA Tour, joining pioneers like Pete Brown, Charlie Sifford and Lee Elder. “Four years after finally earning a card, he won the Greater Milwaukee Open in 1979 by five shots over Lee Trevino, Victor Regalado and Jim Simons. He finished 27th on the money list that year and cracked the $100,000 ($122,481) mark for the first time. “Peete won four times in 1982, tied for the most titles on the PGA Tour that year with Tom Watson and Craig Stadler. He won the Vardon Trophy for the lowest stroke average in 1984, and his biggest victory was a year later when he captured The Players Championship.” The PGA commissioner said Peete will always be remembered as a great champion and an individual who constantly gave back to the game. He will be dearly missed. I stand before us today to recognize Mr. Peete and his family from Detroit. He was a pioneer for African Americans on the PGA Tour and an example for all of us who have had difficulties and injuries and hurdles to overcome in life. I just wanted to recognize the passing of Mr. Peete. enator Young’s statement is as follows: S I would like to begin with a quote: “Our lives begin to end when we become silent about the things that matter.” Martin Luther King, Jr. Mr. President, black lives matter: Eric Gardner, Michael Brown, Freddie Gray, Terrance Kellom, Walter Scott, Tamir Rice, and now in Michigan, even though he is still alive, Floyd Dent. Over and over again this happens. Law enforcement officers use deadly force in situations that seemingly don’t call for it. Black men die. Communities respond with rage and with anger. It’s the only way they know how to after decades of feeling oppressed and harassed by the police who are supposed to protect them. I understand that being a police officer is a very difficult job. A majority of police officers are hardworking and honest American heroes. They are trying to do a dangerous job and get home to their wives or significant others. They are just thinking to themselves, “How am I going to make it with this crappy pay, and even worse, crappy benefits, to do this incredibly dangerous job?” I understand that. I also understand that the officers who engage in this behavior are not represented by the police department. But, Mr. President, when wrongs like this are committed, they have to be addressed through the legal system, and these men deserve justice. This is not right and it cannot stand. We have a responsibility to give the people we represent every opportunity to feel save in their communities. We need people to feel like people are protecting them, instead of looking for them and out to get them. We all have failed. I will be introducing two pieces of legislation that I hope will be a first step in giving our communities confidence in their law enforcement again. It’s also to let the communities know that the majority of our police officers are hardworking, honest, and good American people. In one bill, we create a pilot program for body cameras to be worn by police. While most of our men and women in uniform operate ethically, it’s those who violate public trust that benefit from doing so away from the eyes of justice. Even in high profile cases that have been caught on video, we cannot get accurate representation of what happened without recording the incidents from the point of view of the officer. Body cameras would change that. The second bill would require investigations of officer-involved deaths to be conducted by outside law enforcement agencies. We need to ensure an impartial review of such incidents. Even the perception of an unfair review can devastate a community and its relationship with law enforcement. We can do better to repair and maintain that relationship by ending internal investigations of officer-involved deaths. This legislation comes at a time of great emotional upheaval. But it is common-sense legislation that already has bipartisan support. For those officers carrying out their duties with honor, to be serving under the shadow of unethical officers is unfair. For communities and people who feel the system is stacked against them, giving them tools to get at the truth and assert their rights is empowering and healing. Simply, colleagues, if we want to see change, we need to change something. I hope you will join me in supporting these bills, our police officers, and our communities. Committee Reports The Committee on Judiciary reported Senate Bill No. 251, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 11 of chapter XIIA (MCL 712A.11), as amended by 1996 PA 409, and by adding section 2f to chapter XIIA. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson 570 JOURNAL OF THE SENATE [April 30, 2015] [No. 40 To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 270, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” (MCL 700.1101 to 700.8206) by adding sections 5301b and 5402a. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 281, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8322 (MCL 600.8322), as amended by 2005 PA 326. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, April 28, 2015, at 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda The Committee on Health Policy reported Senate Bill No. 68, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2701, 5119, 16125, 16161, 16163, 16216, 16231, 16231a, 16315, 16327, 17201, 17210, 17211, 17212, 17221, 17607, 17708, 17745, 17820, 17822, 18301, and 20201 (MCL 333.2701, 333.5119, 333.16125, 333.16161, 333.16163, 333.16216, 333.16231, 333.16231a, 333.16315, 333.16327, 333.17201, 333.17210, 333.17211, 333.17212, 333.17221, 333.17607, 333.17708, 333.17745, 333.17820, 333.17822, 333.18301, and 333.20201), section 2701 as amended by 2014 PA 172, section 5119 as amended by 2000 PA 209, sections 16125 and 16161 as amended by 1989 PA 202, section 16163 as amended by 2002 PA 643, section 16216 as amended by 2014 PA 98, section 16231 as amended by 2014 PA 95, sections 16231a and 16315 as amended by 2013 PA 268, section 16327 as amended by 2009 PA 216, sections 17211 and 17221 as amended by 2006 PA 409, section 17212 as added by 1996 PA 355, section 17607 as added by 2008 PA 524, section 17708 as amended by 2012 PA 209, section 17745 as amended by 2014 PA 311, section 17820 as amended by 2014 PA 260, section 17822 as amended by 2005 PA 281, section 18301 as amended by 2008 PA 523, and section 20201 as amended by 2011 PA 210, and by adding sections 17202, 17210a, 17211a, 17214, and 17221a. With the recommendation that the substitute (S-3) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson No. 40] [April 30, 2015] JOURNAL OF THE SENATE 571 To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel and Hopgood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Tuesday, April 28, 2015, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel and Hopgood Excused: Senator Knezek Scheduled Meetings Administrative Rules - Wednesday, May 6, 9:30 a.m., Room 426, Capitol Building (373-5773) Appropriations Subcommittees Agriculture and Rural Development and House Agriculture and Rural Development Appropriations Sub­ committee - Monday, May 4, 10:00 a.m., Press Room, Hazel Park Raceway, 1650 East 10 Mile Road, Hazel Park (373-2768) K-12, School Aid, Education and House School Aid Appropriations Subcommittee - Wednesday, June 3, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Finance - Tuesday, May 5, 2:30 p.m., Room 210, Farnum Building (373-5312) Michigan Law Revision Commission - Wednesday, May 13, 11:30 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:05 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, May 5, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 572 No. 41 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, May 5, 2015. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 574 JOURNAL OF THE SENATE [May 5, 2015] [No. 41 Pastor Adam Mashni of NorthRidge Church of Plymouth offered the following invocation: Heavenly Father, we thank You so much for this day. We take this moment to pause and recognize that You are great. We acknowledge that as we go about our day, there’s something bigger going on than just what is seen and heard. Thank You for these leaders. God, You have uniquely gifted each one of them, and I praise You that they’re serving our state and our nation with those gifts. I pray a special blessing upon their families and the communities they represent. God, we know that we don’t operate in a vacuum, and life happens outside of these walls, so I pray for anyone being asked to work today through pain, loss, fear, or frustration. I pray that You would make Yourself known to them as the God of peace and comfort. Lord, help everyone in this room lead well today. Give them clarity as they make decisions. Give them peace in stressful situations. When fear seems to be taking over, give them confidence and courage. God, we give this day to You. We thank You that You have allowed us to be a part of it. May the leaders here be better together than they are apart, and may the state of Michigan be even greater because of the work done here today. In Jesus’ name, Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senators Casperson, Green and Robertson be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Johnson and Young be temporarily excused from today’s session. S The motion prevailed. Senators Robertson and Green entered the Senate Chamber. Senator Kowall moved that the Committee on Appropriations be discharged from further consideration of the following bills: Senate Bill No. 133, entitled A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2016 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations. Senate Bill No. 134, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 17b, 201, and 236 (MCL 388.1611, 388.1617b, 388.1801, and 388.1836), sections 11, 201, and 236 as amended by 2014 PA 196 and sec­ tion 17b as amended by 2007 PA 137. The motion prevailed, a majority of the members serving voting therefor, and the bills were placed on the order of General Orders. Senator Kowall moved that the rules be suspended and that the following bills, now on the order of General Orders, be placed on the General Orders calendar for consideration today: Senate Bill No. 133 Senate Bill No. 134 The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:08 a.m. 11:42 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senators Casperson, Johnson and Young entered the Senate Chamber. No. 41] [May 5, 2015] JOURNAL OF THE SENATE The following communications were received and read: Office of the Auditor General nclosed is a copy of the following audit report: E Performance audit report on the Certificate of Need Program, Department of Community Health. 575 April 30, 2015 April 30, 2015 nclosed is a copy of the following audit report: E Performance audit report on Transport, Construction, Billboard, and Junkyard Permitting Activities, Michigan Department of Transportation. Sincerely, Doug Ringer Auditor General The audit reports were referred to the Committee on Government Operations. The following communication was received: Department of State Police May 1, 2015 nclosed is the FY 14 Annual Report and Evaluation for the Secondary Road Patrol and Traffic Accident Prevention E Program. This report satisfies the reporting requirements contained in Public Act 416 of 1978, as amended. Copies of this report are transmitted to the Governor’s Office, Clerk of the House, Secretary of the Senate, Chair of the House Appropriations Committee, Chair of the Senate Appropriations Committee, each county sheriff, the Michigan Sheriffs’ Association, and the Deputy Sheriff’s Association of Michigan. The report will be accessible on our web site at www.michigan.gov/ohsp. Should you have any questions about this report, please contact Mr. Spencer Simmons at (517) 241-2556. Sincerely, Michael L. Prince, Director Office of Highway Safety Planning The communication was referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Thursday, April 30: House Bill Nos. 4220 4286 4404 4409 4434 4440 4441 4442 4443 4445 4446 4448 The Secretary announced that the following bills were printed and filed on Thursday, April 30, and are available at the Michigan Legislature website: Senate Bill Nos. 303 304 305 306 House Bill Nos. 4533 4534 4535 4536 The Secretary announced that the following bills and joint resolution were printed and filed on Friday, May 1, and are available at the Michigan Legislature website: Senate Bill Nos. 307 308 309 310 311 312 House Bill Nos. 4537 4538 4539 House Joint Resolution Q Messages from the House Senate Bill No. 85, entitled A bill to amend 1990 PA 319, entitled “An act to prohibit local units of government from imposing certain restrictions on the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition for pistols or other firearms, or components of pistols or other firearms,” by amending the title and sections 1, 2, 3, and 4 (MCL 123.1101, 123.1102, 123.1103, and 123.1104). The House of Representatives has passed the bill and ordered that the bill be given immediate effect. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. 576 JOURNAL OF THE SENATE [May 5, 2015] [No. 41 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Hansen as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 115, entitled A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 119, entitled A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 128, entitled A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 131, entitled A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 118, entitled A bill to make appropriations for the department of community health for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 122, entitled A bill to make appropriations for the legislature, the judiciary, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil service, the department of civil rights, and certain state purposes related thereto for the fiscal year ending No. 41] [May 5, 2015] JOURNAL OF THE SENATE 577 September 30, 2016; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 124, entitled A bill to make appropriations for the department of human services for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 125, entitled A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 132, entitled A bill to make appropriations for the department of transportation for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Hansen as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 134, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 17b, 201, and 236 (MCL 388.1611, 388.1617b, 388.1801, and 388.1836), sections 11, 201, and 236 as amended by 2014 PA 196 and sec­ tion 17b as amended by 2007 PA 137. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar: Senate Bill No. 134 The motion prevailed, a majority of the members serving voting therefor. 578 JOURNAL OF THE SENATE [May 5, 2015] [No. 41 The following bill was read a third time: Senate Bill No. 134, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 8b, 11, 11a, 11j, 11k, 11m, 11r, 15, 18, 18a, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22f, 22i, 23a, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 41, 43, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b, 74, 81, 94, 94a, 95a, 98, 99, 99h, 102, 104, 104b, 104c, 107, 147, 147a, 147c, 152a, 163, 201, 201a, 206, 207a, 207b, 207c, 209, 210b, 217, 225, 226, 229a, 230, 236, 236a, 236b, 236c, 241, 244, 246, 252, 254, 255, 258, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, and 281 (MCL 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611r, 388.1615, 388.1618, 388.1618a, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622f, 388.1622i, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625e, 388.1625f, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1639, 388.1639a, 388.1641, 388.1643, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1664b, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699, 388.1699h, 388.1702, 388.1704, 388.1704b, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1763, 388.1801, 388.1801a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810b, 388.1817, 388.1825, 388.1826, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1841, 388.1844, 388.1846, 388.1852, 388.1854, 388.1855, 388.1858, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, and 388.1881), sections 6, 8b, 11a, 11j, 11k, 15, 20, 20d, 20f, 20g, 21f, 22d, 22f, 22i, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 41, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 98, 99, 99h, 104, 104b, 107, 147, 147a, 152a, 163, 201a, 206, 209, 210b, 217, 225, 229a, 230, 236a, 236b, 236c, 241, 246, 252, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, and 281 as amended and sections 11r, 43, 64b, 95a, 104c, 207a, 207b, and 207c as added by 2014 PA 196, sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 201, and 236 as amended by 2015 PA 5, section 18a as amended by 2004 PA 351, section 23a as added by 2012 PA 465, sections 102, 244, and 258 as amended by 2013 PA 60, and sections 226, 254, and 255 as amended by 2012 PA 201, and by adding sections 31h, 35, 35a, 35b, 35d, 35e, 35f, 55, 61b, 67, 77, 99c, 102a, 102b, 102c, 102d, 104d, 210c, 210d, 215, and 230a; and to repeal acts and parts of acts. The question being on the passage of the bill, Senator Young offered the following amendment: 1. Amend page 297, following line 5, by inserting: “SEC. 236D. IN ADDITION TO THE FUNDS APPROPRIATED FOR FISCAL YEAR 2015-2016 IN SECTION 236, $75,000.00 IS APPROPRIATED FROM STATE GENERAL FUND/GENERAL PURPOSE MONEY FOR A COMPARATIVE REVIEW AND ASSESSMENT OF MICHIGAN HIGHER EDUCATION PERFORMANCE FUNDING METRICS. THE STATE BUDGET OFFICE SHALL SELECT A NATIONALLY RECOGNIZED ENTITY IN HIGHER EDUCATION FUNDING AND POLICY TO PERFORM THE COMPARATIVE REVIEW AND ASSESSMENT OF CURRENT MICHIGAN HIGHER EDUCATION PERFORMANCE FUNDING METRICS TO DETERMINE WHETHER THEY ARE CONSISTENT WITH BEST PRACTICES NATIONALLY AND WHETHER THEY ARE RESULTING IN EDUCATION OUTCOMES THAT ARE CONSISTENT WITH THIS STATE’S HIGHER EDUCATION POLICY GOALS. THE ENTITY SELECTED BY THE STATE BUDGET OFFICE SHALL ALSO CONSULT WITH HIGHER EDUCATION POLICY EXPERTS IN THIS STATE, INCLUDING, BUT NOT LIMITED TO, THE GOVERNOR’S EDUCATION ADVISOR, THE STATE BUDGET OFFICE, THE HIGHER EDUCATION APPROPRIATIONS SUBCOMMITTEE CHAIRS AND VICE CHAIRS, THE PRESIDENTS COUNCIL, STATE UNIVERSITIES OF MICHIGAN, AND THE UNIVERSITY RESEARCH CORRIDOR AND MAKE RECOMMENDATIONS TO THE GOVERNOR AND THE LEGISLATURE IN A REPORT SUBMITTED TO THE GOVERNOR AND THE SENATE AND HOUSE APPROPRIATIONS SUBCOMMITTEES ON HIGHER EDUCATION BY JANUARY 1, 2016.”. The Assistant President pro tempore, Senator O’Brien, assumed the Chair. he amendment was not adopted, a majority of the members serving not voting therefor. T Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 122 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith No. 41] [May 5, 2015] JOURNAL OF THE SENATE Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Excused—0 Not Voting—0 In The Chair: O’Brien Senator Warren offered the following amendments: 1. Amend page 311, line 25, by striking out all of section 274. 2. Amend page 317, line 23, after “273,” by inserting “274,”. 3. Amend page 317, line 27, after “388.1873,” by inserting “388.1874,”. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hansen requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 123 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Excused—0 In The Chair: O’Brien Not Voting—0 579 580 JOURNAL OF THE SENATE [May 5, 2015] [No. 41 Senator Hopgood offered the following amendments: 1. Amend page 44, line 4, after “is” by striking out “$8,149.00” and inserting “$8,229.00”. 2. Amend page 44, line 5, after “is” by striking out “$7,351.00” and inserting “$7,511.00”. 3. Amend page 55, line 14, after “is” by striking out “$7,351.00” and inserting “$7,511.00”. 4. Amend page 77, line 5, by striking out “$3,688,700,000.00” and inserting “$3,893,879,500.00”. 5. Amend page 290, line 24, after “revenues,” by striking out the balance of the subparagraph and inserting “$100,000.00.”. 6. Amend page 290, line 26, after “money,” by striking out the balance of the subparagraph and inserting “$1,444,092,800.00.”. 7. Amend page 293, line 14, after “from” by striking out the balance of the subsection and inserting “STATE GENERAL FUND/GENERAL PURPOSE MONEY.”. 8. Amend page 293, line 20, after “from” by striking out the balance of the subsection and inserting “STATE GENERAL FUND/GENERAL PURPOSE MONEY.” and adjusting the totals in section 11 and enacting section 1 accordingly. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 124 Yeas—15 Ananich Hood Knezek Warren Bieda Hopgood Nofs Young Gregory Johnson Rocca Zorn Hertel Jones Smith Nays—23 Booher Hansen MacGregor Robertson Brandenburg Hildenbrand Marleau Schmidt Casperson Horn Meekhof Schuitmaker Colbeck Hune O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Excused—0 Not Voting—0 In The Chair: O’Brien Senator Bieda offered the following amendment: 1. Amend page 270, following line 16, by inserting: “(8) FROM THE APPROPRIATIONS DESCRIBED IN SUBSECTION (1), THE AMOUNT APPROPRIATED FOR THE MACOMB COMMUNITY COLLEGE CYBERSECURITY ACADEMIC PROGRAMMING PARTNERSHIP IS $100.00, APPROPRIATED FROM STATE GENERAL FUND/GENERAL PURPOSE MONEY.” and adjusting the totals in section 201 and enacting section 1 accordingly. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: No. 41] Roll Call No. 125 [May 5, 2015] JOURNAL OF THE SENATE 581 Yeas—15 Ananich Hertel Bieda Hood Brandenburg Hopgood Gregory Hune Johnson Warren Knezek Young Rocca Zorn Smith Nays—23 Booher Casperson Colbeck Emmons Green Hansen Hildenbrand Marleau Robertson Horn Meekhof Schmidt Jones Nofs Schuitmaker Knollenberg O’Brien Shirkey Kowall Pavlov Stamas MacGregor Proos Excused—0 Not Voting—0 In The Chair: O’Brien Senator Bieda offered the following amendment: 1. Amend page 270, following line 16, by inserting: “(8) FROM THE APPROPRIATIONS DESCRIBED IN SUBSECTION (1), THE AMOUNT APPROPRIATED FOR THE MACOMB COMMUNITY COLLEGE ADVANCED ENERGY STORAGE PARTNERSHIP IS $100.00, APPROPRIATED FROM STATE GENERAL FUND/GENERAL PURPOSE MONEY.” and adjusting the totals in section 201 and enacting section 1 accordingly. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 126 Yeas—13 Ananich Hertel Johnson Smith Bieda Hood Knezek Warren Brandenburg Hopgood Rocca Young Gregory Nays—25 Booher Horn Marleau Robertson Casperson Hune Meekhof Schmidt Colbeck Jones Nofs Schuitmaker Emmons Knollenberg O’Brien Shirkey Green Kowall Pavlov Stamas Hansen MacGregor Proos Zorn Hildenbrand 582 JOURNAL OF THE SENATE [May 5, 2015] [No. 41 Excused—0 Not Voting—0 In The Chair: O’Brien he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 127 Yeas—25 Ananich Hildenbrand Marleau Robertson Booher Horn Meekhof Schmidt Brandenburg Hune Nofs Schuitmaker Casperson Knollenberg O’Brien Shirkey Emmons Kowall Pavlov Stamas Green MacGregor Proos Zorn Hansen Nays—13 Bieda Hood Jones Smith Colbeck Hopgood Knezek Warren Gregory Johnson Rocca Young Hertel Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. Protests Senators Johnson and Colbeck, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 134 and moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.” The motion prevailed. Senator Johnson’s statement is as follows: I rise to provide my “no” vote explanation to this budget, which, in my estimation, continues the deplorable practice of robbing the School Aid Fund to pay for everything but educating our kids. According to the Senate Fiscal Agency, since fiscal year 2011, the administration and my colleagues across the aisle have pulled more than $2.3 billion from that fund for other purposes. I understand that there are always funding shortfalls in other areas in the budget, but the simple truth of the matter is had this administration not given wealthy corporations $1.8 billion in a tax cut, there would be plenty of funding for higher education and community colleges. Instead, my colleagues have seen fit to take more money out of the classroom and all at a time when we need to be giving our kids a world-class education to rebuild our state. I just don’t think this is the way to do it. I urge you to join me in voting against this budget. No. 41] [May 5, 2015] JOURNAL OF THE SENATE 583 Senator Colbeck’s statement is as follows: I rise to give my “no” vote explanation on this bill. The primary reason is we are diverting $271 million from the School Aid Fund and community colleges that is not authorized under Article IV, Section 11 of the Michigan Constitution, which only authorizes those expenses for school districts, higher education, and retirement systems. I do want to give credit to the Senator from the 34th District. He’s done a very diligent job in regard to trying to make sure we are distributing funds equally across the respective school districts and significant efforts along those lines. However, I still represent school districts that are donor districts. When you look at the state education tax and the six mills that we put into the School Aid Fund, we notice that a disproportionate share is going to other districts. I cannot in good conscience support that. I had attempted to put in an amendment that would have put more funding in for Section 61a funding to support schools with skilled trades programs that would help to offset some of those issues, but that amendment was defeated, so I cannot in good conscience support this. I urge a “no” vote by my colleagues. Senators Young, Hopgood, Bieda and Hansen asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Young’s statement is as follows: What my amendment does is basically put universities on an even playing field. Right now we have metrics, but those metrics are skewed away from Wayne State towards other universities just because they can, basically. And it is basing it on a metric that basically is talking about how the timeline you have between the student who actually goes to school and when the student graduates should be within a four-year period. Now at my university, The Wayne State University, most students graduate at a later date, six years on average, because it’s a working man’s college. A lot of people around my university and the city of Detroit work for a living. They might have kids; they might have jobs; they might have other responsibilities, so it takes longer for them to graduate. So for Wayne State University to be punished unfairly for that situation for these badly-drawn metrics is wrong. That’s why I think we need to have an analysis to make sure these metrics are actually hitting the goals of higher learning and education that they are supposed to. I don’t think they are. Let me also say this: Wayne State has more needs not just from an economic standpoint, but also from an investment standpoint. They are not only doing things in terms of helping students who take longer to graduate because they are working and providing their opportunity to achieve the American Dream through higher education, they are also doing that through investing in the city and being part of Detroit’s comeback too. Thirdly and finally, just because my university which has a lot of issues going to diversity, we have more people going there. It’s in the heart of the city of Detroit, the heart of the state of Michigan, and the largest city in the state. But just because we receive more money, that is not enough of a reason to cut from Wayne State or take money from Wayne State. Where is the justification of why we should send money away from Wayne State? I haven’t heard it. No one has told me about it. I haven’t seen it. Also, Madam President, we are a research university. We are making breakthroughs every day in the sciences, and we have the best—bar none—medical facility in the state, if not in the country, if not in the world. So why would you disinvest from a university that is not only a flagship of the city, but the flagship of the state and a leading research university in the world. I think we need to change these metrics. I understand why we have them, but I think it needs to be better, more suited, and more adjusted towards academic excellence and not towards punishing people because they take longer to graduate because they are working men and women of the great city of Detroit—the greatest city on earth. So please vote for this amendment so we can have true academic excellence and equity in our metrics system. enator Hopgood’s statement is as follows: S I rise to speak to my amendment to the school omnibus budget bill that is before us. I want to start off by complimenting the chair of the subcommittee, the Senator from the 34th District, and all of his hard work in putting together a budget which I think has been improved upon during the process. There are, in fact, a number of improvements in this budget and a number of things that many of us in this chamber support; increased funding for things like adult education and career and technical education. One of the challenges that we have before us today is that we have a budget that continues to redirect hundreds and hundreds of millions of dollars away from our K-12 schools. This budget, in fact, would redirect $450 million from our K-12 schools, and that is something that I have taken a stand on in terms of trying to work away from that and reduce the amount of money that goes away from our schools within this budget. The amendment before us would redirect $205 million back to our K-12 schools, and that is the amount that is reserved for higher education. We would fill those dollars with General Fund dollars, and I think this speaks to the value that we put on our K-12 schools and all of the challenges that we are experiencing right now in terms of trying to provide the high-quality, world-class education that, quite frankly, we expect them to provide. 584 JOURNAL OF THE SENATE [May 5, 2015] [No. 41 I know that the chair of the subcommittee shares the concerns about how much money is being redirected out of K-12, and I know this is what we want to work on going forward. I just feel that because the trend is actually getting worse in the current year, as well as the proposed budget for next year, we have to take a stand somewhere. Instead of asking for the whole $450 million to come back to our K-12 schools, we are asking for $205 million, recognizing all the General Fund pressures that are in front of us. This $205 million will make a real difference in our schools. I do ask for members to support it. enator Bieda’s first statement is as follows: S Colleagues, I rise to offer an amendment to the budget before us. First of all, I would like to thank the budget chair and everybody who worked on this. I know it is an incredible amount of work, and there are a lot of different interests and a lot of different priorities that need to be addressed. This is something that I think would be useful to further this dis­ cussion on, and that’s why I am offering this amendment which would just provide for a $100 placeholder for Macomb Community College and Wayne State University for cybersecurity academic programming. This is a great partnership between Macomb Community College that is in my district in Macomb County and Wayne State University in Detroit that provides students an opportunity to pursue an exciting and challenging career. As we all spend more and more time online, both personally and professionally, we are all aware of the risks involved with Internet usage—from identity theft to hacking to information leaks. Cybersecurity is a growing field, and the cybersecurity program developed by MCC and Wayne State is putting Michigan students on the cutting edge of it. In fact, it is my understanding that this a unique, collaborative effort between Macomb Community College and one of our premier public universities in the state. It is also a growing field, as almost every week we see accounts of financial institutions and government institutions being attacked and systems compromised. This is something we should take a look at. I am only asking for a $100 place­ holder in there, because as we continue to make Michigan a source for talented work, as in high-tech jobs, this program supports both by educating students in a growing field of cybersecurity. I would ask for a placeholder to continue the discussion on this. In order for this program to continue to grow, it needs to be adequately funded. I ask for your support for this amendment. enator Bieda’s second statement is as follows: S I am offering another placeholder. This is another collaborative effort between Macomb Community College and Wayne State University. As many of you know, Wayne State is one of our largest universities in the state, and Macomb Community College is the largest community college in the state. They have several programs that they have been working together on. The area that this would impact is advanced energy storage, which is a huge issue in the development of not only automobiles, but other infrastructure ideas as well. This is a unique program and a collaborative effort between MCC and Wayne State University. I am asking for a $100 place­holder to continue the discussion on this issue. This has been a very great partnership between Macomb Co­m­ munity College and Wayne State University, and it provides students with an opportunity to pursue an exciting career, but also a very important career as advanced energy storage batteries have been taking on an increased market share. This college training is designed to upgrade the schools’ current employees and to also train dislocated workers for future employment in the advanced energy storage field. This initiative would strengthen southeast Michigan’s role in advanced energy storage, work with the Big 3, and help more workers participate in Michigan’s recovery. I ask for your support on this amendment. It is, again, a $100 placeholder to discuss on that. enator Hansen’s statement is as follows: S My goal when I set out to craft a School Aid budget was to keep a laser focus on creating a better environment to educate Michigan’s nearly 1.5 million school-age children for tomorrow’s job opportunities. I am confident that this budget reflects this goal. We made specific investments in the most promising areas that will carry out recovery and growth in Michigan. This budget helps to promote the opportunities necessary for Michigan’s children to succeed in our growing economy. This budget invests in our future by placing more money towards education opportunities, college and career planning, and skilled trades training. Most importantly, this budget builds upon our strengthened economy and lowered unemployment rate. Specifically, the Senate version of this budget builds on the executive strategic recommendations but also invests in other priorities, such as targeted support, including more money directed to the classroom on the foundation allowance increase; support to hold districts harmless to receive at least what they received in the current year; support for early literacy initiatives, which are the building blocks for our children’s entire education; significant increases and program changes to at-risk, career-tech education, and the adult education programs creating a new workforce development opportunity for Michigan residents to earn their GED and gain new employment skills; and changing the current pupil blend from the current 90 fall/10 spring to a 15 percent prior spring/ 85 percent fall for increased predictability for our schools as they go forward with their funding. We also increased the support to offset transportation costs for some of our larger districts. No. 41] [May 5, 2015] JOURNAL OF THE SENATE 585 This budget evaluates the effectiveness of all programs and will track outcomes that show how our students are performing. My focus will remain on the success of our children and the long-term success of Michigan. While we in the Legislature play a role in allocating state resources to our local school districts, I am also very mindful of the role our administrators and teachers play in utilizing these funds. I really appreciate the job they are doing to help prepare our children to compete in an ever-changing, global environment. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 12:48 p.m. 1:01 p.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Hansen as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 133, entitled A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2016 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations. Substitute (S-1). The following are the amendments to the substitute recommended by the Committee of the Whole: 1. Amend page 115, following line 13, by inserting: “Prisoner reentry legal services............................................................................................... 100”. 2. Amend page 151, following line 5, by inserting: “Sec. 435. (1) From the funds appropriated in part 1 for prisoner reentry legal services, the department shall contract with the legal aid of western Michigan office in Kent County and the legal aid and defender office in Oakland County to establish 2 pilot projects. The purpose of the pilot projects is to provide outreach, education, and legal representation to former offenders in areas such as employment, housing, income stability, and child custody and other domestic matters. (2) The legal aid and defender office in Oakland County shall provide prisoner reentry legal services to former offenders in Wayne County. (3) The department, in collaboration with legal aid of western Michigan and the legal aid and defender office, shall submit a report by April 1 that documents the number of new cases accepted, the types of cases, and case outcomes for completed work. The report shall be submitted to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget director. (4) Unexpended funds remaining at the close of the fiscal year shall not lapse to the general fund but shall be carried forward and be available for appropriation in subsequent fiscal years.”. 3. Amend page 171, following line 11, by inserting: “Sec. 1012. From the funds appropriated in part 1, priority shall be given to funding reentry or rehabilitation programs that have been demonstrated to reduce prison violence and recidivism such as faith-based initiatives.”. 4. Amend page 208, line 12, by striking out “28,068,000” and inserting “25,818,000”. 5. Amend page 208, line 18, by striking out “10,881,400” and inserting “8,631,400”. 6. Amend page 261, line 3, by striking out “25,750,800” and inserting “15,750,800”. 7. Amend page 261, following line 3, by inserting: “Casino gaming control operations - reserve fund.................................................................. 10,000,000”. 8. Amend page 264, line 19, by striking out “5,247,800” and inserting “5,247,700”. 9. Amend page 264, following line 19, by inserting: “Blight removal in the city of Springfield.............................................................................. 100”. 586 JOURNAL OF THE SENATE [May 5, 2015] [No. 41 10. Amend page 365, following line 17, by inserting: “Sec. 972. (1) From the funds appropriated in part 1, there shall be established a casino gaming control operations reserve fund. Funds shall be expended from the casino gaming control operations reserve fund only after the executive director of the Michigan gaming control board provides sufficient evidence to the senate and house appropriations subcommittee on general government on the need for funds for casino gaming control operations. Upon providing the evidence, the state budget director shall issue a legislative transfer of the funds from the casino gaming control operations reserve fund for casino gaming control operations. (2) If administrative costs for casino gaming control operations exceed current appropriations within the casino gaming control operations reserve fund, the state services fee fund may be used to provide additional funding for casino gaming control operations. (3) Funds that remain in the casino gaming control operations reserve fund at the close of the fiscal year shall be deposited into the state services fee fund. As used in this section, “state services fee fund” means the state services fee fund created in section 12a of the Michigan gaming control and revenue act, 1996 IL 1, MCL 432.212a.”. 11. Amend page 494, following line 18, by inserting: “Statewide efile system........................................................................................................... 100”. 12. Amend page 494, line 26, by striking out “6,600,000” and inserting “6,600,100”. 13. Amend page 516, following line 21, by inserting: “First responder presumed coverage fund............................................................................... 100”. 14. Amend page 517, line 15, by striking out “9,619,700” and inserting “9,619,800”. 15. Amend page 544, following line 26, by inserting: “Sec. 708. Of the amount appropriated in part 1 for the first responder presumed coverage fund, $100.00 is appropriated and may be expended by the department as provided in section 405 of the worker’s disability compensation act of 1969, 1969 PA 317, MCL 418.405.”. 16. Amend page 603, following line 17, by inserting: “PART 1B SUPPLEMENTAL LINE-ITEM APPROPRIATIONS Sec. 151. There is appropriated for the department of natural resources for the fiscal year ending September 30, 2015, from the following funds: DEPARTMENT OF NATURAL RESOURCES APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ 100,000 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 0 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 100,000 Federal revenues: Total federal revenues................................................................................................................... 0 Special revenue funds: Total local revenues...................................................................................................................... 0 Total private revenues................................................................................................................... 0 Total other state restricted revenues............................................................................................. 0 State general fund/general purpose.............................................................................................. $ 100,000 Sec. 152. PARKS AND RECREATION DIVISION Grand River waterway study........................................................................................................ $ 100,000 GROSS APPROPRIATION.......................................................................................................... $ 100,000 Appropriated from: State general fund/general purpose.............................................................................................. $ 100,000”. 17. Amend page 620, following line 21, by inserting: “PART 2B PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2014-2015 GENERAL SECTIONS Sec. 1401. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1B for fiscal year 2014-2015 is $100,000.00 and state spending from state resources to be paid by local units of government for fiscal year 2014-2015 is $0.00. Sec. 1402. The appropriations authorized under part 1B are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. PARKS AND RECREATION DIVISION Sec. 1506. (1) The funds appropriated in part 1B for the Grand River waterway study shall be used to conduct a study on the depth of the Grand River between the Fulton Street Bridge in the city of Grand Rapids and the confluence of the Bass River and the Grand River. The study shall assess the cost of dredging that section of the Grand River to a depth sufficient for recreational boat traffic. No. 41] [May 5, 2015] JOURNAL OF THE SENATE 587 (2) The appropriations in part 1 for the Grand River waterway study shall be carried forward at the end of the fiscal year as a work project, subject to the provisions of section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a.”. 18. Amend page 626, following line 17, by inserting: “Michigan international speedway traffic control................................................................... 831,900 Sexual assault prevention and education initiative....................................................................... 100”. 19. Amend page 626, line 18, by striking out “5,600,000” and inserting “5,600,100”. 20. Amend page 626, line 20, by striking out “5,600,000” and inserting “5,600,100”. 21. Amend page 663, line 8, by striking out “15,385,300” and inserting “15,385,200”. 22. Amend page 663, line 14, by striking out “38,770,500” and inserting “38,770,400”. 23. Amend page 666, following line 22, by inserting: “Dort Highway expansion....................................................................................................... 100”. 24. Amend page 666, line 27, by striking out “139,521,100” and inserting “139,521,200” and adjusting the subtotals, totals, and section 201 accordingly. 25. Amend page 684, line 13, by striking out all of subsection (4). 26. Amend page 696, following line 18, by inserting: “Sec. 1009. The funds appropriated in part 1 for the Dort Highway expansion shall be used for the expansion of highway M-54 in Grand Blanc.”. The Senate agreed to the amendments to the substitute recommended by the Committee of the Whole and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar: Senate Bill No. 133 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: Senate Bill No. 133, entitled A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2016 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, Senator Hopgood offered the following amendments: 1. Amend page 6, line 12, by striking out “11,529,700” and inserting “12,749,700”. 2. Amend page 7, line 2, by striking out “5,595,300” and inserting “6,815,300” and adjusting the subtotals, totals, and section 201 accordingly. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 128 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Nays—26 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt 588 JOURNAL OF THE SENATE [May 5, 2015] [No. 41 Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Robertson Zorn Hansen MacGregor Excused—0 Not Voting—1 Proos In The Chair: Schuitmaker Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 1:23 p.m. 1:30 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. enator Kowall moved to reconsider the vote by which the amendments offered by Senator Hopgood were not adopted. S The motion prevailed, a majority of the members voting therefor. The question being on the adoption of the amendments, The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 129 Yeas—12 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Zorn Nays—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Rocca Casperson Hune Nofs Schmidt Colbeck Jones O’Brien Schuitmaker Emmons Knollenberg Pavlov Shirkey Green Kowall Proos Stamas Hansen MacGregor Excused—0 No. 41] [May 5, 2015] JOURNAL OF THE SENATE 589 Not Voting—0 In The Chair: Schuitmaker Senator Young offered the following amendments: 1. Amend page 176, line 22, by striking out “131,503,300” and inserting “130,581,217”. 2. Amend page 176, line 23, by striking out “178,015,800” and inserting “207,093,717”. 3. Amend page 176, line 26, by striking out “139,485,800” and inserting “168,563,717” and adjusting the subtotals, totals, and section 201 accordingly. 4. Amend page 195, following line 23, by inserting: “Sec. 1007. From the increased funds appropriated in part 1 for child development and care public assistance, the department shall expand the child development and care program in the current fiscal year and raise the entry eligibility threshold to 150% of the federal poverty level. The purpose of this program expansion is to increase the number of low-income children in high-quality early learning programs, to increase the number of children ready for school at kindergarten entry, and to increase the number of children who are reading at grade level by the end of third grade.”. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 130 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Excused—0 Not Voting—0 In The Chair: Schuitmaker Senator Hopgood offered the following amendments: 1. Amend page 5, line 10, by striking out “83.0” and inserting “91.0”. 2. Amend page 5, line 10, by striking out “12,023,400” and inserting “13,537,800”. 3. Amend page 5, line 20, by striking out “11,567,500” and inserting “13,081,900” and adjusting the subtotals, totals, and section 201 accordingly. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: 590 Roll Call No. 131 JOURNAL OF THE SENATE [May 5, 2015] [No. 41 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Excused—0 Not Voting—0 In The Chair: Schuitmaker Senator Hertel offered the following amendments: 1. Amend page 178, following line 8, by inserting: “Statewide public resource allocation study............................................................................ $ 1,000,000”. 2. Amend page 178, line 9, by striking out “14,616,400” and inserting “15,616,400”. 3. Amend page 178, line 13, by striking out “1,175,300” and inserting “2,175,300” and adjusting the subtotals, totals, and section 201 accordingly. 4. Amend page 189, following line 11, by inserting: “Sec. 238. From the funds appropriated in part 1, the department shall allocate an amount not to exceed $1,000,000.00 to the department of technology, management, and budget for a statewide public resource allocation study as required under section 1281a of the revised school code, MCL 380.1281a.”. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 132 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood O’Brien Nays—27 Booher Hildenbrand Marleau Schmidt Brandenburg Horn Meekhof Schuitmaker Casperson Hune Nofs Shirkey No. 41] Colbeck Emmons Green Hansen [May 5, 2015] JOURNAL OF THE SENATE 591 Jones Pavlov Smith Knollenberg Proos Stamas Kowall Robertson Zorn MacGregor Rocca Excused—0 Not Voting—0 In The Chair: Schuitmaker Senator Hopgood offered the following amendments: 1. Amend page 211, line 6, by striking out “20,000,000” and inserting “32,900,000”. 2. Amend page 211, line 27, by striking out “0” and inserting “12,900,000” and adjusting the subtotals, totals, and section 201 accordingly. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 133 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Excused—0 Not Voting—0 In The Chair: Schuitmaker Senator Young offered the following amendments: 1. Amend page 266, following line 15, by inserting: “MSF, Detroit working for environmental justice pre-apprenticeship program...................... $ 280,800”. 2. Amend page 266, line 19, by striking out “62,800,000” and inserting “63,080,800”. 3. Amend page 266, line 23, by striking out “44,900,000” and inserting “45,180,800” and adjusting the subtotals, totals, and section 201 accordingly. The amendments were not adopted, a majority of the members serving not voting therefor. 592 JOURNAL OF THE SENATE [May 5, 2015] [No. 41 enator Hood requested the yeas and nays. S The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 134 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Excused—0 Not Voting—0 In The Chair: Schuitmaker enator Young offered the following amendments: S 1. Amend page 260, following line 9, by inserting: “Law enforcement agencies technology upgrades................................................................... $ 10,000,000”. 2. Amend page 260, line 10, by striking out “144,270,000” and inserting “154,270,000”. 3. Amend page 260, line 16, by striking out “17,320,000” and inserting “27,320,000” and adjusting the subtotals, totals, and section 201 accordingly. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 135 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt No. 41] [May 5, 2015] JOURNAL OF THE SENATE 593 Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Excused—0 Not Voting—0 In The Chair: Schuitmaker Senator Gregory offered the following amendments: 1. Amend page 405, line 6, by striking out “190,072,600” and inserting “188,291,400”. 2. Amend page 406, line 13, by striking out “113,250,300” and inserting “113,057,700”. 3. Amend page 406, line 17, by striking out “17,215,400” and inserting “16,517,200”. 4. Amend page 406, line 19, by striking out “463,337,900” and inserting “462,447,500”. 5. Amend page 406, line 22, by striking out all of line 22 and inserting: “W.J. Maxey Training School—69.0 FTE positions............................................................... 9,895,900”. 6. Amend page 407, line 11, by striking out “5,721,200” and inserting “5,886,400”. 7. Amend page 407, line 13, by striking out “1,300,900” and inserting “2,189,900”. 8. Amend page 407, line 14, by striking out “4,407,800” and inserting “9,248,900”. 9. Amend page 407, line 15, by striking out “13,820,300” and inserting “17,220,900”. 10. Amend page 409, line 17, by striking out all of line 17. 11. Amend page 410, line 15, by striking out “132,075,600” and inserting “131,800,600” and adjusting the subtotals, totals, and section 201 accordingly. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 136 Ananich Bieda Gregory Hertel Yeas—14 Hood Knezek Warren Hopgood Nofs Young Hune Smith Zorn Johnson Nays—24 Booher Hansen MacGregor Robertson Brandenburg Hildenbrand Marleau Rocca Casperson Horn Meekhof Schmidt Colbeck Jones O’Brien Schuitmaker Emmons Knollenberg Pavlov Shirkey Green Kowall Proos Stamas Excused—0 594 JOURNAL OF THE SENATE [May 5, 2015] [No. 41 Not Voting—0 In The Chair: Schuitmaker Senator Gregory offered the following amendments: 1. Amend page 408, line 1, by striking out “136,470,900” and inserting “137,770,900”. 2. Amend page 408, line 17, by striking out “232,678,200” and inserting “230,383,200”. 3. Amend page 408, line 25, by striking out “200,023,500” and inserting “203,618,500” and adjusting the subtotals, totals, and section 201 accordingly. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 137 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Excused—0 Not Voting—0 In The Chair: Schuitmaker Senator Gregory offered the following amendments: 1. Amend page 406, line 3, by striking out “600,000” and inserting “875,000”. 2. Amend page 406, line 19, by striking out “463,337,900” and inserting “463,612,900”. 3. Amend page 409, line 17, by striking out all of line 17. 4. Amend page 410, line 15, by striking out “132,075,600” and inserting “131,800,600” and adjusting the subtotals, totals, and section 201 accordingly. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: No. 41] Roll Call No. 138 [May 5, 2015] JOURNAL OF THE SENATE 595 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Excused—0 Not Voting—0 In The Chair: Schuitmaker Senator Gregory offered the following amendments: 1. Amend page 409, line 26, by striking out “10,357,500” and inserting “11,508,500”. 2. Amend page 410, line 6, by striking out “53,834,500” and inserting “54,426,200”. 3. Amend page 410, line 15, by striking out “132,075,600” and inserting “132,634,900” and adjusting the subtotals, totals, and section 201 accordingly. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 139 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson 596 JOURNAL OF THE SENATE [May 5, 2015] [No. 41 Excused—0 Not Voting—0 In The Chair: Schuitmaker Senator Knezek offered the following amendment: 1. Amend page 465, line 4, after “policy” by striking out the period and inserting a comma and “including: (i) The number of entire case closures due to the truant child being between the age of 6 and 15. (ii) The number of cases with only the truant child removed due to the truant child being over the age of 15. (iii) Documentation of the steps taken prior to the sanction.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 140 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Excused—0 Not Voting—0 In The Chair: Schuitmaker Senator Johnson offered the following amendment: 1. Amend page 414, following line 22, by inserting: “Sec. 214. (1) The department shall conduct a workgroup in conjunction with the legislature on any proposed office closures. The workgroup shall be tasked with the following responsibilities: (a) Determine the accessibility of other department offices in communities where an office is planned for closure. (b) Identify community partners that can provide office space for the department and clients who otherwise would have to travel more than 20 miles to a department office. (c) Determine how to address transportation barriers in communities where an office closure is proposed. (d) Approve the final list of proposed office closures using the information in subdivisions (1)(a), (b), and (c). No. 41] [May 5, 2015] JOURNAL OF THE SENATE 597 ( 2) The workgroup described in subsection (1) shall consist of the following 10 members or their designated representatives: (a) Two representatives from the department. (b) Majority chairperson of the senate committee on families, seniors and human services. (c) Majority chairperson of the house committee on families, children and seniors. (d) Majority chairperson of the senate appropriations subcommittee on the department budget. (e) Majority chairperson of the house appropriations subcommittee on the department budget. (f) Minority vice chairperson of the senate committee on families, seniors and human services. (g) Minority vice chairperson of the house committee on families, children and seniors. (h) Minority vice chair of the senate appropriations subcommittee on the department budget. (i) Minority vice chairperson of the house appropriations subcommittee on the department budget. (3) The department shall submit to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office by March 1 of the current fiscal year a report on the findings of the workgroup on the items described in subsection (1).”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 141 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Excused—0 Not Voting—0 In The Chair: Schuitmaker Senator Hood offered the following amendments: 1. Amend page 407, line 17, by striking out “5,845.5” and inserting “5,945.5”. 2. Amend page 407, line 18, by striking out “4,693.5” and inserting “4,793.5”. 3. Amend page 407, line 18, by striking out “463,295,300” and inserting “472,495,300”. 4. Amend page 408, line 14, by striking out “130,655,100” and inserting “132,655,100”. 5. Amend page 408, line 15, by striking out “133,843,200” and inserting “134,243,200”. 6. Amend page 408, line 17, by striking out “232,678,200” and inserting “235,378,200”. 7. Amend page 408, line 25, by striking out “200,023,500” and inserting “204,123,500” and adjusting the subtotals, totals, and section 201 accordingly. The amendments were not adopted, a majority of the members serving not voting therefor. 598 JOURNAL OF THE SENATE [May 5, 2015] [No. 41 enator Hood requested the yeas and nays. S The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 142 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Excused—0 Not Voting—0 In The Chair: Schuitmaker Senator Young offered the following amendment: 1. Amend page 479, following line 6, by inserting: “Sec. 105. AUTISM COVERAGE Autism coverage reimbursement program.................................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ and adjusting the subtotals, totals, and section 201 accordingly. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 143 2,100,000 2,100,000 2,100,000” Yeas—13 Ananich Hood Knezek Smith Bieda Hopgood O’Brien Warren Gregory Johnson Rocca Young Hertel Nays—25 Booher Hildenbrand Brandenburg Horn MacGregor Robertson Marleau Schmidt No. 41] [May 5, 2015] JOURNAL OF THE SENATE 599 Casperson Hune Meekhof Schuitmaker Colbeck Jones Nofs Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen Excused—0 Not Voting—0 In The Chair: Schuitmaker Senator Warren offered the following amendment: 1. Amend page 544, following line 26, by inserting: “Sec. 710. From the funds appropriated in part 1, the department shall produce a report on fraud prevention efforts of the unemployment insurance agency, by fiscal year, covering the period October 1, 2010 through September 30, 2015. The report shall include, but not be limited to, the following information: (a) Number of claimants whose claims were denied. (b) Amount of improperly paid claims recovered. (c) Amount of penalties and interest paid on improperly paid claims. (d) Number of denied claims appealed and how many of those appeals that were successful.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 144 Ananich Bieda Gregory Hertel Yeas—14 Hood O’Brien Smith Hopgood Rocca Warren Johnson Schuitmaker Young Knezek Nays—24 Booher Hansen Kowall Proos Brandenburg Hildenbrand MacGregor Robertson Casperson Horn Marleau Schmidt Colbeck Hune Meekhof Shirkey Emmons Jones Nofs Stamas Green Knollenberg Pavlov Zorn Excused—0 In The Chair: Schuitmaker Not Voting—0 600 JOURNAL OF THE SENATE [May 5, 2015] [No. 41 Senator Hertel offered the following amendments: 1. Amend page 626, following line 17, by inserting: “Sexual assault prevention and education initiative................................................................ 500,000”. 2. Amend page 626, line 20, by striking out “5,600,000” and inserting “6,100,000” and adjusting the subtotals, totals, and section 201 accordingly. The amendments were adopted, a majority of the members serving voting therefor. Senator Young offered the following amendment: 1. Amend page 696, following line 18, by inserting: “Sec. 1008. From the funds appropriated in part 1, there is appropriated to the department $14,777,000.00 for the purpose of facilitating the construction of a bridge to separate rail and vehicle traffic on Allen Road in Woodhaven. The department shall not expend any funds from this appropriation until the Wayne County department of public services has secured any and all additional funding required to complete the project.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 145 Ananich Bieda Colbeck Yeas—12 Gregory Hertel Hood Hopgood Smith Johnson Warren Knezek Young Nays—26 Booher Horn Meekhof Rocca Brandenburg Hune Nofs Schmidt Casperson Jones O’Brien Schuitmaker Emmons Knollenberg Pavlov Shirkey Green Kowall Proos Stamas Hansen MacGregor Robertson Zorn Hildenbrand Marleau Excused—0 Not Voting—0 In The Chair: Schuitmaker Senator Young offered the following amendments: 1. Amend page 266, following line 15, by inserting: “MSF, Detroit area pre-college engineering program............................................................. $ 300,000”. 2. Amend page 266, line 19, by striking out “62,800,000” and inserting “63,100,000”. 3. Amend page 266, line 23, by striking out “44,900,000” and inserting “45,200,000” and adjusting the subtotals, totals, and section 201 accordingly. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: No. 41] Roll Call No. 146 [May 5, 2015] JOURNAL OF THE SENATE 601 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Excused—0 Not Voting—0 In The Chair: Schuitmaker Senator Horn offered the following amendment: 1. Amend page 302, following line 12, by inserting: “Sec. 718. From the funds appropriated in part 1 to the department of state, branch operations, the department shall maintain a full service secretary of state branch office in Buena Vista Township.”. The amendment was adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 147 Yeas—23 Booher Hildenbrand Marleau Schmidt Brandenburg Horn Meekhof Schuitmaker Casperson Jones Nofs Shirkey Emmons Knollenberg O’Brien Stamas Green Kowall Robertson Zorn Hansen MacGregor Rocca Nays—15 Ananich Hertel Bieda Hood Colbeck Hopgood Gregory Hune Excused—0 Johnson Smith Knezek Warren Pavlov Young Proos 602 JOURNAL OF THE SENATE [May 5, 2015] [No. 41 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. Protests Senators Gregory and Colbeck, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 133 and moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.” The motion prevailed. Senator Gregory’s statement is as follows: I first would like to offer my thanks to the chairman of the Appropriations Committee for all of his hard work he has put into it, his willingness to listen to some of the issues and to sit down and discuss the transparency, and the ability to be able to work with him. I do want to offer my thanks for all of that and look forward to working him in the future as we continue through this budget process. I do rise today to offer my “no” vote explanation on the Senate General Omnibus budget. As the lead Democrat on Appro­ priations, I can tell you as Democrats what we could do to improve this budget and fight for the needs of our constituents in the subcommittees, the committees, and here on the floor. Today alone, my Democratic colleagues and I offered 20 amendments to this bill to make it better; 19 of those amendments were defeated. They were not pork barrel or pet projects. They were real funding needs for real people in each and every one of our districts. We fought to help former prisoners transition back into society after serving their time. We worked to fund vital agri­ cultural programs which help our farms and ag businesses succeed. We tried to secure funding for child care assistance and education programs and support for autism insurance coverage. My colleagues and I push for funding to clean up our woods and waters from petroleum leaks. We tried to get funding for body cameras for our men and women on the police force to protect them and our citizens—from cuts to field staff to facilities, like the Maxey Training School to programs like Michigan Rehabilitation Services. By cutting funding to the Department of Human Services, this body is hindering the ability to serve our constituents. These are the issues people care about, and these are the cuts in this budget which are preventing me from supporting this budget. I certainly hope that we can continue to discuss these and other issues in conference committees, but as this omnibus budget stands now, I will be voting against it, and I ask that my colleagues do the same. enator Colbeck’s statement is as follows: S Against the backdrop of a lot of our citizens saying that transportation funding and fixing the roads is one of our highest priorities, unfortunately, this bill actually cuts transportation funding by $89 million. I do not believe that this bill in this light is consistent with priorities of the citizens of the 7th District, and for that reason, I will be voting “no.” Senators Hopgood, Young, Hertel, Green, Gregory, Hood and Hildenbrand asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Hopgood’s first statement is as follows: I rise to speak to my amendment offered to the Department of Agriculture budget. This amendment would provide $1.22 million for Pesticide and Plant Pest Management. The state’s Pesticide and Plant Pest Management Division in the Department of Agriculture registers and monitors pesticides manufactured and used in agriculture, commercial, and residential areas. It licenses dealers and applicators of restricted-use pesticides and investigates and responds to misuse complaints. It also handles fertilizer licensing and inspection programs, including commercial plant review and site consultation, inspecting bulk storage facilities, and reviewing label claims for accurate ingredients. Basically, the Pesticide and Plant Pest Management Division makes sure the pesticides we are buying are safe, and they investigate misuse. This is a line item that is integral to supporting our state’s great agricultural industry. Without the funding, the Department of Agriculture cannot possibly make sure that the pesticides around our schools and day cares are safe and being administered properly and that the products our farmers use are both reliable and safe. No. 41] [May 5, 2015] JOURNAL OF THE SENATE 603 While the Governor understood the importance of this program, he recommended funding it by fee increases, but those are covered in separate legislation with no guarantees that those bills will pass. This funding would give the Department of Agriculture the money they need to adequately fund these programs without making it dependent on other bills. I ask for all of you to support this amendment. enator Young’s first statement is as follows: S My amendment increases eligibility for the Child Development and Care program from 121 percent of the federal poverty level to 150 percent of the federal poverty level. This program helps parents in need to access quality childcare while they go to school, work, and contribute to the economy. It is simply smart economics to ensure working parents have access to affordable childcare. Businesses benefit by having employees who don’t have to worry about childcare, as it reduces turnover rates and worker absenteeism. For low to moderate wage workers, childcare has become increasingly difficult to afford, often exceeding the cost of housing and utilities combined. We get paid for this increase by leveraging federal funds which the Department of Education has carried over for this program. No General Fund support is even necessary to make this happen. Let me say that one more time. No General Fund support is even necessary to make this happen. Madam President, as you know, Senator Young loves the kids and the state of Michigan too. So let’s support this amend­ ment and support the children. enator Hopgood’s second statement is as follows: S I rise to offer another amendment to the Department of Agriculture portion of the omnibus budget bill. This would provide $1.5 million for the Food Establishment Division and Food Safety Program. Through this program, the Department of Agriculture licenses and inspects retail food establishments and provides certificates of free sale to businesses that export the products out of state. From fruits and vegetables to sugar and beer and wine, Michigan creates and exports a wide variety of food items. This division helps support them. The Governor again recommended in his budget that we fund this program by increasing fees, but I believe we should have the budget money to pay for this without putting more Michigan farmers in agriculture arrears. This amendment would give the Department of Agriculture the money they need to adequately fund this program without tying it to fee increases in separate bills that may or may not pass. Part of the budgeting process is providing funding to the departments to do their jobs and not leave important programs in uncertainty. My amendment would help take care of that, and I ask for your support. enator Hertel’s first statement is as follows: S I rise today to offer an amendment to this budget that would provide $1 million for an educational study. This agreement/study is party to the bicameral agreement arrived at to fund roads for the vote happening today—this election day. On this day that we are actually having this vote, let’s honor the agreement that we made to each other and the agreement we made to the voters by funding this study. I believe that it is important to know the cost of education so that we can prepare our kids for the global economy. I ask for your support of this amendment. enator Hopgood’s third statement is as follows: S I rise to speak in support of my Amendment No. 6. This would amend the DEQ part of the budget. The amendment would provide $12.9 million for the Refined Petroleum Cleanup Program. Starting this budget year, the first $20 million of this fund goes toward a new program that helps clean up underground storage tanks where there is a liable party or company responsible for the site. The liable party can apply for the funds to help clean up their underground storage tanks, and part of the costs will be recovered under this new program. The refined petroleum fund is used to clean up abandoned underground tanks where a liable party cannot be found. The new program assists Michigan businesses with their cleanup efforts. There are companies involved that can help foot this bill. There are still hundreds if not thousands of other abandoned sites around the state that need attention and have no support on the corporate side. The department needs this money to clean up these abandoned sites because if the DEQ can’t afford to pay for the cleanups of abandoned sites, there’s no one else who will. I hope that you support this amendment. enator Green’s statement is as follows: S The funding source for the RFP that the Senator is talking about is paid by the wholesalers on refined petroleum products, not by anybody else. To take money away from those who paid the fees to use it for coverage of orphan sites breaks the partnership between the state and the fee payers. It would lead to the same problem we had before we passed recent legislation last session that restored the correct use of the fund. It’s a violation of statutory dedication of the funding source. 604 JOURNAL OF THE SENATE [May 5, 2015] [No. 41 enator Young’s second statement is as follows: S Colleagues, I rise to offer a very important amendment that would provide Michigan police departments with $10 million to purchase body cameras for our officers to wear on the job. The money would flow through the Department of Treasury which would create a grant program to address which communities will qualify. Unfortunately, the issue of police brutality is pervasive around the country, and we need to do what we can as elected officials to address this problem. We have seen that the mere presence of body cameras helps to alleviate the concerns of police brutality, but also helps to alleviate the concerns about police officers who are questioned or accused falsely of something. So, too, will these cameras help prevent police officers from receiving false accusations of mistreatment. It is really a win-win scenario for both sides. The only thing preventing full implementation is the cost. This amendment asking for the implementation of body cameras for our police officers who uphold justice for all citizens will uphold integrity and trust in our state. We don’t want any Michigan city to become the next Ferguson or Baltimore. So let’s start by adopting an amendment. enator Gregory’s first statement is as follows: S This is an amendment to the Department of Human Services budget. This amendment simply keeps W.J. Maxey Boys Training School open at Governor’s Snyder’s recommended funding level. The W.J. Maxey facility offers intensive rehab­ ilitation for delinquent male youths who pose threats to public safety. This facility offers a number of valuable services, including intensive mental health treatment, educational programs, substance abuse counseling, restorative justice, and many more. Eighty percent of the youths who attend juvenile justice facilities have severe mental conditions, so having strong mental health services is a crucial aspect of their treatment. Forty percent of the youths in this state in public facilities, like Maxey, have already been kicked out of the private facilities. While the young men in this program have committed crimes and made terrible mistakes, with rigorous intervention in a structured environment, it’s not too late for them to grow into responsible, contributing adults. Colleagues, these young men still have a chance. Let’s not take that chance away from them. I encourage your support for this amendment. enator Gregory’s second statement is as follows: S This is also an amendment to the Department of Human Services budget. This amendment restores the $3.5 million cut to Michigan Rehabilitation Services that the Governor included in his recommendation. MRS provides vocational and training programs for disabled adults in Michigan. MRS works with both the employer and the disabled adult to achieve sustainable employment, helping disabled adults to be able to live and function independently, and helping businesses to be able to effectively support their employees faced with a disability. If you want these individuals to work and contribute to the economy, we need to provide adequate support to them and their employers so that they can succeed in the workplace. Cuts to MRS in previous budget years have rendered it more difficult to maintain this critical program, hence why this increase is necessary. I ask for your support on this amendment. enator Gregory’s third statement is as follows: S This is again an amendment to the Department of Human Services budget. This amendment takes the $275,000 allocated for the FIP drug testing program—testing pilot—and instead, it uses it for a redetermination adoption assistance which was further cut in this budget. Redetermination adoption assistance is a supplemental subsidy that adoptive parents can claim for children with special needs that weren’t identified at the time of an adoption. If you are an adoptive parent, at the time of adoption if your child has special needs, you now currently receive some special assistance from the state. But if you adopt a child and the child does not show these special needs until a year later, you do not receive special assistance. These children have unique challenges that parents need additional resources to be able to address. We should be offering these adoptive parents extra support so they can provide the best quality of care for these children. As for the drug testing policy, instead of wasting money on a program that doesn’t work, if you remember, the drug testing policy was first allocated $500,000. Now it’s down to $275,000, which is nothing to run the program. Take that money and use that money in this re-adoptive program. Let’s use the money to support parents who adopt our most vulnerable children. I ask for support of this amendment. enator Gregory’s fourth statement is as follows: S I would like to thank the chair of the Human Services Department budget. He has done a great job in bringing this budget forward, and we agree on much more than we disagree. I feel very strongly about the issues I have raised, but there were other issues I felt very strongly about, and he agreed to sit down and attempt to resolve those issues. So I certainly want to thank him for his due diligence in working on the budget. This amendment would restore the $1.1 million gross cut to state emergency relief funds, specifically the Emergency Services Local Office allocation. State emergency relief funds temporarily assist lower-income families with the cost of their heat, utilities, home repairs, relocation services, and burial. It is a critical program for many families when an unexpected emergency arises that temporarily reduces their income. No. 41] [May 5, 2015] JOURNAL OF THE SENATE 605 There are very strict eligibility requirements for SER assistance in place that prevent individuals from abusing or over­ utilizing this program. We shouldn’t be cutting a program that helps to prevent families from sinking into further economic hardship because of unexpected life circumstances. I ask for your support of this amendment. enator Hood’s statement is as follows: S This amendment restores 100 DHS field staff positions to the budget. Earlier this year, the department laid off 100 workers, and every year previously, there have been additional layoffs of DHS workers, despite the fact that there is a crucial need for them, especially those working directly with the clients. While I realize that these layoffs are in response to huge budget cuts to the department, we cannot ignore the impact that these continued staffing reductions have on the children and families of the state of Michigan. In November of 2005—10 years ago—the public assistance caseload-to-worker ratio was 550 caseloads per worker. In 2015, it is now 800:1, a 46 percent increase. Wow, what an increase. Think about if we had that type of increase in our offices, and what heck would we be raising? But we allow it to be put on other folks. With the caseload ratio that high, there is no surprise that every day we have constituents calling our offices wondering why they didn’t get their food assistance for the month and wanting to know why they can’t get the assistance that they need or the follow-up they need by their caseworkers. I know you agree. I know you all get these calls. I think we can agree that we prefer for there to not be such a high need for public assistance workers, but until we are doing more to assure that families have access to economic opportunities such quality education and decent-paying jobs, we should not be making it more difficult for them to get the temporary—and I emphasize temporary—benefits that we offer them through the state. When we have children potentially living in unacceptable conditions where they can be mentally or physically abused, we have a responsibility to provide the oversight through DHS caseworkers to make sure they are not in harm’s way. The decrease of caseworkers in this budget does just that—puts them in harm’s way. By restoring these 100 FTEs, we help eliminate or reduce the odds of them being put in situations where we see in the news and have seen in the news that children are in harm’s way, and then we wonder why. It is our responsibility as legislators, as guardians of the state, to make sure that our children are taken care of properly. enator Hertel’s second statement is as follows: S Madam President, I rise today to offer an amendment to provide $500,000 for the initiative to help reduce the incidence of sexual assaults on campuses of higher education. I know it’s been a long day, and we’ve heard a lot of different amendments at this point. I know that people are struggling to pay attention right now, so I hope we can get a little bit of quiet. As I was saying, I know it’s been a long day and a lot of “no” votes for some of our members—in fact, somebody’s “no” vote button even broke—but I ask you to really listen to me and consider this amendment. I do want to thank my colleagues from the 19th and 20 Districts for their $100 placeholder for this fund, but it is time to fully fund this initiative. A 2007 study found that 1 in 5 women are the targets of an attempted sexual assault. College-age women are four times more likely than any other age group to face sexual assault. Two of our universities are on the list of colleges being investigated by the U.S. Department of Education’s Office of Civil Rights over their compliance with rules governing sexual violence under Title IV. Just in this past year, right down the road at Michigan State University, 9,866 students reported a sexual assault and relationship violence on campus. The situation has become untenable. Allowing the State Police to have this conversation with our schools about the best practices and educating all involved is a small step we can take toward dealing with this problem which is taking over our college campuses. This is not a partisan issue. It has been a priority of First Lady Sue Snyder, and Governor Snyder included funding in his recommended budget for this exact amount. The House concurred in that decision. We have bipartisan support for this package, and I am asking you to agree as well. We cannot continue to turn our backs on this epidemic on our campuses; $500,000 will not break the budget. There is over $500 million in the Budget Stabilization Fund. I’m sure we can come up with $500,000 for this priority. As a father of four, I implore you to vote for this amendment. When we send our kids off to college, we should be worried about their grades or whether they study hard enough. We should not have to worry about them being a victim of sexual assault, but unfortunately, we have to. I know this budget process is difficult. I know we all have priorities we want to see funded, but let’s not turn our backs on young women on our college campuses. Please join me in supporting this amendment. enator Young’s third statement is as follows: S Colleagues, I rise for your support for this amendment that would appropriate $300,000 to fund the Detroit Area Pre‑College Engineering Program. This program exposes inner-city Detroit children to not only higher education, but specifically in the field of engineering. With all the talk about the importance of degrees, this is the type of program that earns divi­dends for a low cost. 606 JOURNAL OF THE SENATE [May 5, 2015] [No. 41 We want to make sure that the Detroit area students have all types of education and are properly prepared for the growing careers of tomorrow. The Detroit Area Pre-College Engineering Program does both, and we should continue to support it as such. I urge my colleagues to support this amendment. enator Hildenbrand’s statement is as follows: S One of our most important responsibilities as State Senators is to enact a balanced budget every year for the state of Michigan. The proposed budget we just passed spends roughly $53 billion of hard-earned taxed dollars from Michigan residents. I, like many of you, don’t take this responsibility lightly. Of course, there is never enough money to go around, and we always have to make tough decisions on what programs to fund and at what levels. The budgets we just passed make huge investments in education, public health, human services, transportation, and public safety. We continue to make smart, strategic investments in our state and continue to pay down our long-term liabilities while still making deposits into our state’s savings account. I look forward to building on this Senate proposal as we incorporate good ideas from our colleagues in the House and in the Governor’s office. I want to thank the 17 Senators who served on the Senate Appropriations Committee who have worked tirelessly over the last several months to get a solid budget for your consideration today. I ask for your support for this budget today and look forward to working with you all as the budget process moves into the next phase of completion. Senator Kowall moved to reconsider the vote by which the following bill was passed: Senate Bill No. 134, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 8b, 11, 11a, 11j, 11k, 11m, 11r, 15, 18, 18a, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22f, 22i, 23a, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 41, 43, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b, 74, 81, 94, 94a, 95a, 98, 99, 99h, 102, 104, 104b, 104c, 107, 147, 147a, 147c, 152a, 163, 201, 201a, 206, 207a, 207b, 207c, 209, 210b, 217, 225, 226, 229a, 230, 236, 236a, 236b, 236c, 241, 244, 246, 252, 254, 255, 258, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, and 281 (MCL 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611r, 388.1615, 388.1618, 388.1618a, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622f, 388.1622i, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625e, 388.1625f, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1639, 388.1639a, 388.1641, 388.1643, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1664b, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699, 388.1699h, 388.1702, 388.1704, 388.1704b, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1763, 388.1801, 388.1801a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810b, 388.1817, 388.1825, 388.1826, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1841, 388.1844, 388.1846, 388.1852, 388.1854, 388.1855, 388.1858, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, and 388.1881), sections 6, 8b, 11a, 11j, 11k, 15, 20, 20d, 20f, 20g, 21f, 22d, 22f, 22i, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 41, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 98, 99, 99h, 104, 104b, 107, 147, 147a, 152a, 163, 201a, 206, 209, 210b, 217, 225, 229a, 230, 236a, 236b, 236c, 241, 246, 252, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, and 281 as amended and sections 11r, 43, 64b, 95a, 104c, 207a, 207b, and 207c as added by 2014 PA 196, sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 201, and 236 as amended by 2015 PA 5, section 18a as amended by 2004 PA 351, section 23a as added by 2012 PA 465, sections 102, 244, and 258 as amended by 2013 PA 60, and sections 226, 254, and 255 as amended by 2012 PA 201, and by adding sections 31h, 35, 35a, 35b, 35d, 35e, 35f, 55, 61b, 67, 77, 99c, 102a, 102b, 102c, 102d, 104d, 210c, 210d, 215, and 230a; and to repeal acts and parts of acts. The motion prevailed, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 148 Yeas—24 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Emmons Knollenberg O’Brien Shirkey Green Kowall Pavlov Stamas Hansen MacGregor Proos Zorn No. 41] [May 5, 2015] JOURNAL OF THE SENATE 607 Nays—14 Ananich Hertel Jones Smith Bieda Hood Knezek Warren Colbeck Hopgood Rocca Young Gregory Johnson Excused—0 Not Voting—0 In The Chair: Schuitmaker By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following concurrent resolution be postponed for today: S Senate Concurrent Resolution No. 9 The motion prevailed. enator Kowall moved that rule 3.204 be suspended to permit immediate consideration of the following resolution: S Senate Resolution No. 47 The motion prevailed, a majority of the members serving voting therefor. enators Zorn, Schmidt, Horn and Emmons offered the following resolution: S Senate Resolution No. 47. A resolution to commemorate May 2015 as Community Action Agency Month. Whereas, Citizens with limited income continue to need opportunities to improve their lives and their living conditions, thus ensuring that all citizens are able to live in dignity; and Whereas, Michigan and the entire United States must continue to promote economic security by providing support and opportunities for all citizens in need of assistance; and Whereas, Community action agencies were established into law in 1964 under President Lyndon Johnson in effort to aid in the War on Poverty, making 2015 the 51st year of community action in the United States; and Whereas, The month of May has been designated by the United States Congress as National Community Action Month; and Whereas, Michigan’s 29 community action agencies are the only community-based organizations providing full wrap­ around, locally-directed services in all 83 counties in the state; and Whereas, In 2014, Michigan community action agencies served 75,623 Michigan residents by providing early childhood education, Head Start, senior services, affordable housing, food assistance, energy assistance, financial literacy classes, and job training programs, among other services; and Whereas, Additionally, 4,843 children improved their health and physical development through community nutrition pro­ grams; 15,963 residents received assistance on tax preparation and refunds; 7,907 seniors maintained independent living situations; and 19,927 individuals were connected with other necessary assistance service providers and programs; and Whereas, Community action agencies, in cooperation with the Michigan Department of Human Services, have success­ fully administered weatherization assistance program funds which have supported energy-efficiency improvements; and Whereas, Michigan’s community action agencies have leveraged their federal allocation of the Community Services Block Grant and other federal, state, local, and private sources of funding to foster economic activity statewide; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate May 2015 as Community Action Agency Month in the state of Michigan; and be it further Resolved, That a copy of this resolution be transmitted to the Michigan Community Action Agency Association. The question being on the adoption of the resolution, The resolution was adopted. Senators Bieda, Booher, Brandenburg, Green, Gregory, Hansen, Hertel, Hopgood, Marleau, Proos and Warren were named co‑sponsors of the resolution. 608 JOURNAL OF THE SENATE [May 5, 2015] [No. 41 Senator Zorn asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Zorn’s statement is as follows: I rise today to ask for your support in making May 2015 Michigan Community Action Month. I believe it is important to recognize the state’s 29 community action agencies that provide programs and services to all 83 counties in support of Michigan residents in becoming more economically self-sufficient. Community Action Day raises awareness of the important work of promoting economic security and ensuring all citizens have the opportunity to improve their lives and living conditions. These groups continue to empower our neighbors with the resources we need to be successful in life. I ask for your support. The Assistant President pro tempore, Senator O’Brien, resumed the Chair. enator Meekhof offered the following resolution: S Senate Resolution No. 48. A resolution in support and recognition of National Train Day. Whereas, America is celebrating National Train Day on May 9, 2015, a commemoration of the completion of America’s First Transcontinental Railroad; and Whereas, In 2014, Amtrak provided statewide passenger rail travel to over three-quarters of a million Michigan travel­ers; and Whereas, The expansion of high-speed and intercity passenger rail has become a priority in building the 21st century national infrastructure; and Whereas, Michigan’s 22 railroad stations are a source of civic pride, a gateway to our communities, and a tool for economic growth that creates transportation-oriented development and livable communities; and Whereas, A healthy freight and passenger rail network is essential to keeping the American economy moving efficiently; and Whereas, Amtrak continues to work with Michigan on the development of the next generation of high-speed and inter­ city passenger rail trains which will create good jobs and grow the American manufacturing base; and Whereas, Amtrak ridership has grown 46 percent since 2004, and the railroad carried 30.9 million passengers in 2014; and Whereas, On May 10, 1869, the “Golden Spike” was driven into the final tie at Promontory Summit, Utah Territory, to join the Central Pacific and the Union Pacific Railroads, ceremonially completing the First Transcontinental Railroad; now, therefore, be it Resolved by the Senate, That we hereby recognize May 9, 2015, as National Train Day in the state of Michigan and congratulate Amtrak on 44 years as America’s railroad; and be it further Resolved, That copies of this resolution be transmitted to the Michigan Association of Railroad Passengers and Amtrak as a token of our esteem. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Casperson, Green, Gregory, Hansen, Hertel, Hopgood, Jones, MacGregor, Marleau, Proos, Schmidt, Stamas and Warren were named co‑sponsors of the resolution. Introduction and Referral of Bills Senator Knollenberg introduced Senate Bill No. 313, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3157 and 3610a (MCL 500.3157 and 500.3610a), section 3610a as added by 1984 PA 65, and by adding section 3406t. The bill was read a first and second time by title and referred to the Committee on Insurance. Senators Schmidt, Zorn, Robertson, Horn and Hune introduced Senate Bill No. 314, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2012 PA 522. The bill was read a first and second time by title and referred to the Committee on Transportation. No. 41] [May 5, 2015] JOURNAL OF THE SENATE 609 Senators Warren, Hertel, Bieda, Johnson, Ananich, Gregory, Hopgood, Knezek and Hood introduced Senate Bill No. 315, entitled A bill to amend 1976 PA 453, entitled “Elliott-Larsen civil rights act,” by amending the title and sections 102, 103, 202, 203, 204, 205, 206, 207, 209, 302, 302a, 402, 502, 504, 505, and 506 (MCL 37.2102, 37.2103, 37.2202, 37.2203, 37.2204, 37.2205, 37.2206, 37.2207, 37.2209, 37.2302, 37.2302a, 37.2402, 37.2502, 37.2504, 37.2505, and 37.2506), the title as amended by 1992 PA 258, sections 102, 502, 504, 505, and 506 as amended by 1992 PA 124, section 103 as amended by 1999 PA 202, section 202 as amended by 2009 PA 190, section 302a as added by 1992 PA 70, and section 402 as amended by 1993 PA 216. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 4115, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 8b, 11, 11a, 11j, 11k, 11m, 15, 18, 18a, 20, 20d, 20f, 21f, 22a, 22b, 22c, 22d, 22g, 23a, 24, 24a, 24c, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 43, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 95a, 98, 99, 99b, 99h, 101, 104, 104b, 104c, 107, 147, 147a, 147c, 152a, 163, 201, 201a, 206, 207a, 207b, 207c, 209, 210, 210b, 213, 217, 222, 225, 226, 229, 229a, 230, 236, 236a, 236b, 236c, 241, 244, 246, 252, 256, 258, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, 284, and 286 (MCL 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1618a, 388.1620, 388.1620d, 388.1620f, 388.1621f, 388.1622a, 388.1622b, 388.1622c, 388.1622d, 388.1622g, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625f, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1639, 388.1639a, 388.1643, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699, 388.1699b, 388.1699h, 388.1701, 388.1704, 388.1704b, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1763, 388.1801, 388.1801a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810, 388.1810b, 388.1813, 388.1817, 388.1822, 388.1825, 388.1826, 388.1829, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1841, 388.1844, 388.1846, 388.1852, 388.1856, 388.1858, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, and 388.1886), sections 6, 8b, 11a, 11j, 11k, 15, 20, 20d, 20f, 21f, 22c, 22d, 22g, 24, 24a, 24c, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 98, 99, 99h, 101, 104, 104b, 107, 147, 147a, 152a, 163, 201a, 206, 209, 210b, 217, 225, 229, 229a, 230, 236a, 236b, 236c, 241, 246, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 43, 95a, 99b, 104c, 207a, 207b, and 207c as added by 2014 PA 196, sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 201, and 236 as amended by 2015 PA 5, section 18a as amended by 2004 PA 351, section 23a as added by 2012 PA 465, sections 210, 244, and 258 as amended by 2013 PA 60, and sections 213, 222, 226, and 286 as amended by 2012 PA 201, and by adding sections 55, 65, 67, 99q, 99r, 99s, 210c, 215, 260, and 274c; and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4220, entitled A bill to amend 2004 PA 403, entitled “Michigan unarmed combat regulatory act,” by amending the title and sections 1, 10, 11, 12, 20, 21, 22, 30, 31, 33, 34, 35, 40, 41, 42, 44, 45, 47, 48, 55, 57, and 58 (MCL 338.3601, 338.3610, 338.3611, 338.3612, 338.3620, 338.3621, 338.3622, 338.3630, 338.3631, 338.3633, 338.3634, 338.3635, 338.3640, 338.3641, 338.3642, 338.3644, 338.3645, 338.3647, 338.3648, 338.3655, 338.3657, and 338.3658), sections 1, 10, 11, 12, 21, 31, 34, 35, 47, 48, 55, 57, and 58 as amended by 2007 PA 196, sections 20 and 33 as amended by 2012 PA 546, and section 22 as amended by 2010 PA 100, and by adding sections 33a, 33b, 33c, 33d, 49, 49a, and 54a; and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. House Bill No. 4286, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2010 PA 317. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. 610 JOURNAL OF THE SENATE [May 5, 2015] [No. 41 House Bill No. 4397, entitled A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 1060 (MCL 450.2060), as amended by 2012 PA 315. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4398, entitled A bill to amend 2008 PA 551, entitled “Uniform securities act (2002),” by amending section 410 (MCL 451.2410), as amended by 2012 PA 307. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4399, entitled A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending section 1101 (MCL 450.5101), as amended by 2012 PA 310. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4400, entitled A bill to amend 1937 PA 284, entitled “An act to prevent the spread of infectious and contagious diseases of livestock; to require persons, associations, partnerships and corporations engaged in the buying, receiving, selling, transporting, exchanging, negotiating, or soliciting sale, resale, exchange or transportation of livestock to be licensed and bonded by the department of agriculture; to keep a producers’ proceeds account; to provide for the refusal, suspension or revocation of such licenses; to provide for weighmasters; to provide for the inspection and disinfection of yards, premises and vehicles; and to provide penalties for the violation of this act,” by amending section 3 (MCL 287.123), as amended by 2012 PA 317. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4404, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 10 (MCL 421.10), as amended by 2011 PA 269. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4409, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by repealing section 57s (MCL 400.57s), as added by 2006 PA 471. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4434, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 117a (MCL 400.117a), as amended by 2014 PA 520. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4439, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 806 (MCL 257.806), as amended by 2011 PA 159. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. No. 41] [May 5, 2015] JOURNAL OF THE SENATE 611 House Bill No. 4440, entitled A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state trans­ portation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 11 (MCL 247.911), as amended by 2014 PA 302. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4441, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3104, 3118, 3120, 3122, 4112, 11525a, 17303, and 17317 (MCL 324.3104, 324.3118, 324.3120, 324.3122, 324.4112, 324.11525a, 324.17303, and 324.17317), sections 3104, 3118, 3120, and 3122 as amended by 2011 PA 90, section 4112 as amended by 2010 PA 302, section 11525a as amended by 2013 PA 72, section 17303 as added by 2008 PA 394, and section 17317 as added by 2008 PA 395. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4442, entitled A bill to amend 1986 PA 102, entitled “An act to establish a grant program for certain part-time, independent students in this state; and to prescribe the powers and duties of certain state agencies and institutions of higher education,” by amending sections 1, 2, 3, 4, 5, 6, 7, and 8 (MCL 390.1281, 390.1282, 390.1283, 390.1284, 390.1285, 390.1286, 390.1287, and 390.1288), section 3 as amended by 2004 PA 180. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4443, entitled A bill to amend 1935 PA 120, entitled “An act to prescribe a method for the fingerprinting of residents of the state, and to provide for the recording and filing thereof by the central records division of the department of state police,” by amending the title and section 3 (MCL 28.273), the title as amended by 1985 PA 175 and section 3 as amended by 2012 PA 318. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4445, entitled A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 7 (MCL 28.297), as amended by 2011 PA 158. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4446, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 208b, 217a, and 232 (MCL 257.208b, 257.217a, and 257.232), as amended by 2011 PA 159. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4448, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 30104, 30104b, 30109, 32312, and 32513 (MCL 324.30104, 324.30104b, 324.30109, 324.32312, and 324.32513), sections 30104 and 32513 as amended by 2013 PA 98, section 30104b as amended by 2010 PA 179, and sections 30109 and 32312 as amended by 2011 PA 90. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. 612 JOURNAL OF THE SENATE [May 5, 2015] [No. 41 Statements enator Colbeck moved that the statement he made on April 30 on the order of Statements be printed in the Journal. S The motion prevailed. Senator Colbeck’s statement is as follows: I am sorry, I can’t sit down and take this anymore—the disparaging and broad-based remarks against our law enforc­ ement community under a President who has a problem with actually following the law himself. There is a pursuit of lawlessness in this country, and right now, it suits the template for the people who seek to undermine our country to go out and promote the concept of lawlessness; trying to use incidents like those cited by the good Senator from the 1st District to justify such behavior. You can’t have it both ways. You can’t sit and paint a broad-brush insult to the law enforcement community, and then come back on the other side of the fence saying you understand they have jobs they have to and do what they have to do. No. I am sick and tired of those attacks against the law enforcement community. They are people putting their lives out there to defend our laws and system of government, and they need to be respected without the buts. I think the proper focus, frankly, harkens back to what the good Senator from the 9th District focused on remembering our Vietnam-era veterans; to harken back to Master Sergeant Robert Valentine who stood up in the middle of the Baltimore riots between the rioters and the police and said that enough is enough. It was like a Tiananmen Square moment with someone of honor saying, “No, this is wrong.” There is no excuse, and the people rioting had no idea who Freddie Gray even was, yet they are out there creating havoc using it as an excuse. I will not sit and condone bad behavior like rioting anymore, and it is about time we had more Robert Valentines out there defending the principles that we hold dear. I love what Robert Valentine said: “I am an American, not orange, black, white, or any color of the rainbow; I am an American.” It is time we all start acting like that. Committee Reports The Committee on Transportation reported Senate Bill No. 165, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 624a, 657, 660, 662, 901, and 907 (MCL 257.624a, 257.657, 257.660, 257.662, 257.901, and 257.907), section 624a as amended by 2012 PA 306, sections 657 and 662 as amended by 2002 PA 494, section 660 as amended by 2006 PA 339, and section 907 as amended by 2014 PA 303, and by adding sections 518a and 625p. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov and Hopgood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Transportation reported Senate Bill No. 166, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 33 (MCL 257.33), as amended by 2013 PA 36, and by adding section 7b. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov and Hopgood Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, April 30, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood No. 41] [May 5, 2015] JOURNAL OF THE SENATE 613 The Committee on Veterans, Military Affairs and Homeland Security reported House Concurrent Resolution No. 3. A concurrent resolution to urge the U.S. Department of Defense Missile Defense Agency to select the Fort Custer Training Center as the location for a new ground based interceptor ballistic missile defense mission. (For text of resolution, see Senate Journal No. 36, p. 492.) With the recommendation that the concurrent resolution be adopted. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The concurrent resolution was placed on the order of Resolutions. The Committee on Veterans, Military Affairs and Homeland Security reported Senate Bill No. 210, entitled A bill to designate the period beginning on September 11 through September 17 of each year as Patriot Week in the state of Michigan. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Veterans, Military Affairs and Homeland Security reported Senate Bill No. 222, entitled A bill to designate February 1 of each year as “Blue Star Mothers Day”. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Veterans, Military Affairs and Homeland Security submitted the following: T Meeting held on Thursday, April 30, 2015, at 2:00 p.m., Room 110, Farnum Building Present: Senators O’Brien (C), Emmons, Zorn, Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Subcommittee on Agriculture and Rural Development submitted the following: T Meeting held on Monday, May 4, 2015, at 10:15 a.m., Hazel Park Raceway, Press Room, 1650 E. 10 Mile Road, Hazel Park Present: Senators Green (C) and Hopgood Excused: Senator Stamas Scheduled Meetings Administrative Rules - Wednesday, May 6, 9:30 a.m., Room 426, Capitol Building (373-5773) 614 JOURNAL OF THE SENATE [May 5, 2015] [No. 41 Appropriations - Wednesday, May 6, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1801) Subcommittee K-12, School Aid, Education and House School Aid Appropriations Subcommittee - Wednesday, June 3, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Commerce - Wednesday, May 6, 8:30 a.m., Room 210, Farnum Building (373-5312) Economic Development and International Investment - Thursday, May 7, 1:30 p.m., Room 210, Farnum Building (373-5312) Families, Seniors and Human Services - Wednesday, May 6, 3:00 p.m., Room 210, Farnum Building (373-5323) Michigan Law Revision Commission - Wednesday, May 13, 11:30 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212) Outdoor Recreation and Tourism - Wednesday, May 6, 12:30 p.m., Room 110, Farnum Building (373-1721) Regulatory Reform - Wednesday, May 6, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 3:28 p.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Wednesday, May 6, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 42 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, May 6, 2015. 10:00 a.m. The Senate was called to order by the Assistant President pro tempore, Senator Margaret E. O’Brien. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—excused Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—excused Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 616 JOURNAL OF THE SENATE [May 6, 2015] [No. 42 astor Jamey Nichols of First Congregational Church of Stanton offered the following invocation: P Almighty Creator, we are not our own, and we exist by Your grace. As the Senators and staffers do the work You’ve entrusted to them, and I, the work You’ve entrusted to me, I pray that You continually fill us all with such reverence for You; that we view this world and its issues as You do. I pray that You give us hearts to care about the things You care about. I pray that You give us the mind of Christ Jesus; that we might look at the entirety of our work and lives as a trust from You—a trust to be stewards in accordance with Your values and ideals. Show us Your way, O Lord. Teach us Your path. Guide us in Your truth and teach us. I pray this in the name of Your Son, the Lord and Savior Jesus Christ; to Him be glory forever and ever. Amen. The Assistant President pro tempore, Senator O’Brien, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senator Meekhof be excused from today’s session. S The motion prevailed. enator Hood moved that Senator Smith be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Johnson be excused from today’s session. S The motion prevailed. The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, May 5: House Bill Nos. 4239 4319 4320 4390 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Hildenbrand as Chair­ person. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4069, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11 of chapter II (MCL 762.11), as amended by 2004 PA 239. House Bill No. 4169, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13 of chapter II (MCL 762.13), as amended by 2004 PA 239. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4135, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12 of chapter II (MCL 762.12), as amended by 1994 PA 286. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. No. 42] [May 6, 2015] JOURNAL OF THE SENATE 617 Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S Senate Concurrent Resolution No. 9 House Concurrent Resolution No. 3 The motion prevailed. ouse Concurrent Resolution No. 7. H A concurrent resolution to urge the United States Department of Veterans Affairs and the United States Congress to create a pilot program in Michigan instituting a flexible Veterans Choice Card system structured similar to a traditional health care program for all veterans in Michigan. Whereas, The men and women who serve our country deserve our utmost respect and appreciation. Many of them are injured in the line of duty and come home to face challenging physical disabilities and other health issues. All veterans are entitled to the best health care we can give them; and Whereas, According to the U.S. General Accounting Office, several variables effect a veterans ability to access VA health care. Veterans may have difficulty travelling to a distant facility for care or be unable to secure an appointment in an accept­able period of time to deal quickly with a medical issue; and Whereas, To provide a more flexible VA health care system, Congress enacted the Veterans Access, Choice, and Account­ ability Act of 2014, allowing for care outside of the traditional VA system. Under the Act, the new Choice Program will provide many veterans with VA compensated health care at a non-VA center, providing more timely appointments, less bureaucratic red tape, and easier travel; Whereas, As currently structured the Choice Program limits non-VA health care to veterans residing more than 40 miles from a VA health facility. The law does not differentiate between types of VA health care facilities. Therefore, a veteran living near a small VA clinic, but needing specialty cardiology care at a VA facility 100 miles away will not be allowed to access private cardiology care. Also, the program requires that every appointment for care be cleared by a program manager; now, therefore, be it Resolved by the House of Representatives (the Senate concurring), That we urge the United States Department of Veterans Affairs and the United States Congress to create a pilot program in Michigan instituting a flexible Veterans Choice Card system structured similar to a traditional health care program for all veterans in Michigan; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, and the Secretary of the U.S. Department of Veterans Affairs. The House of Representatives has adopted the concurrent resolution. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the concurrent resolution, Senator Kowall moved that the concurrent resolution be referred to the Committee on Veterans, Military Affairs and Home­land Security. The motion prevailed. Senators Booher, Brandenburg, Colbeck, Hansen, Knollenberg, MacGregor, Marleau, Nofs, O’Brien, Proos, Schmidt and Zorn were named co‑sponsors of the concurrent resolution. Introduction and Referral of Bills House Bill No. 4239, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40111 (MCL 324.40111), as amended by 2012 PA 340. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. House Bill No. 4319, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 669 (MCL 257.669), as amended by 2002 PA 534. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Transportation. 618 JOURNAL OF THE SENATE [May 6, 2015] [No. 42 House Bill No. 4320, entitled A bill to amend 1990 PA 187, entitled “The pupil transportation act,” by amending section 57 (MCL 257.1857), as amended by 2006 PA 108. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 4390, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278a (MCL 380.1278a), as amended by 2014 PA 293. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Education. Senator Smith entered the Senate Chamber. Statements Senators Colbeck, Hood, Green and Bieda asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Colbeck’s statement is as follows: Yesterday was a pretty big day. We had the historic defeat of Proposal 1. It was a decisive victory in favor of common sense over politics as usual. We had only 20 percent in favor and 80 percent opposed. It defied the traditional money politics spin. The no team was outspent 40 to 1 by the Safe Roads Yes Coalition. Money doesn’t win hearts and minds. It also defied the traditional partisan spin. It wasn’t a Republican versus Democrat issue. It wasn’t a conservative versus liberal issue. The entire spectrum of political ideology came together and emphatically said, “Back to the drawing board, folks.” The good news is that we don’t need to start from scratch. I’ve been collecting the best ideas from many of my colleagues here in this chamber and across the hall to prime the pump on a Plan B. Ideas from colleagues in this body and ideas from the folks over in the House have demonstrated clearly that we can fix the roads without increasing taxes and without decreasing funding to schools, police, or fire. With this decisive vote, the voters have helped to pry open the lid to the can holding back these good ideas. I’m looking forward to the opportunity to work with even more of my colleagues to bring these ideas to fruition for the benefit of our citizens. As we do, we need to reject the postmortem spin calling for a different kind of tax. We need to reject the scare tactics about cuts to schools, police, and fire. There is no appetite for that policy in this Legislature. We need to focus instead on the effective use of existing tax dollars that respect voter priorities over Lansing priorities. In short, it is time to move beyond politics as usual. We need to restore their trust in this institution. We need to restore their trust that we are representing their best interests, not ours. It is time that we roll up our collective sleeves, and give the voters a road plan that they can be proud of. enator Hood’s statement is as follows: S I stand here with my great colleague, Senator Green, to give a special tribute to Nathan James William Bauer. This tribute reads as follows, which is signed by Senator Green and myself: “LET IT BE KNOWN, That in honor of National Bike Month, we celebrate the life of Nathan James William Bauer. With the genuine respect for his legacy of saving the lives of motorcyclists and bicyclists, we join with the community as a whole in extending our condolences and paying tribute to Mr. Bauer. Nathan Bauer was a compassionate and caring young man who lived life with love and appreciation for others. At age 19, Bauer’s life ended on May 6, 2009, after he was struck by a vehicle while riding his motorcycle. In memory of Nathan, the Michigan Legislature enacted the Nathan Bauer Act on October 12, 2014. The law requires that driver education courses in Michigan include lessons on bicycle and motorcycle awareness and safety in the hope of saving more lives of motorcyclists and bicyclists on the roads. Although Bauer’s life was short-lived, his contribution to saving the lives of others will be long lived. IN SPECIAL TRIBUTE, THEREFORE, This document is signed and dedicated as a memorial for an exceptional man, Nathan James William Bauer. May his family find comfort in the memories of his joyous smile and warm embrace.” Madam President, his family is up in the Gallery, and they are here to honor his life today, May 6. I know that it has been troubling for them to go through what they go through every day to know that they lost their loved one at an early age. We all know I stand here a lot of times and talk about how life is short and how important life is, taking away the humanity that we need to have in this body of ours. But they live it every day. They miss him every day. We just use this tribute to say thank you to them and to thank you for him. No. 42] [May 6, 2015] JOURNAL OF THE SENATE 619 enator Green’s statement is as follows: S As the Senator said, life is tough and life is short. Sometimes we live a full life and sometimes we don’t. Unfortunately Mr. Bauer’s was not. But we are here today to show just a little respect to his family and his memory, and let them know this legislation which was passed—and most all of you did vote for it—is in memory of him. It is also to help other people understand and learn about how to be more careful on motorcycles, automobiles, and bicycles. My heart goes out to you folks. I know it’s been a while since it has happened and life goes on. We eventually get over things like this, but the memory will never stop, and my heart goes out to you. enator Bieda’s statement is as follows: S Colleagues, I rise to address last night’s defeat of Proposal 1 and discuss where we must go from here. Proposal 1 was soundly defeated, and it was roughly the same margin across the state—from Washtenaw County to Ottawa County. To say it was defeated is an understatement; it was a historically lopsided election result. This illustrates that it was not a partisan issue despite its diverse support from unions and workers, teachers, and businesses. In spite of what it would have done for our roads and our schools, nearly all voters opposed it. But let’s be clear. Proposal 1 was not an indictment against fixing our roads. But it was an indictment on a confusing Christmas-tree proposal, an indictment on raising more taxes on middle-class citizens, and possibly most of all, an indict­ ment on elected officials passing the buck. The message was that legislators should step up and work together, Democrat and Republican. I heard them loud and clear, and it sounds like many of my colleagues did too. Governor Snyder said doing nothing isn’t an option and that he plans to work with his partners in the Legislature—us—on a solution that gives Michigan the safe roads it needs. Our Senate Majority Leader said, “I believe voters are also sending a message that they expect the Legislature to solve this problem.” The House Appropriations chair said legislators should stay through the summer until roads are fixed. I agree and am glad to hear their conviction and commitment to fixing our roads. I hope we all have the same commitment to a bipartisan solution that spreads the sacrifice equally, because the partisan divides are already starting as well with discussions of prevailing wage and other wedge issues. It’s yet another Michigan problem that is being blamed on or claiming it can be solved by Michigan workers. Today is a new day, and we are at square one on roads. This time around, let’s do our jobs and stand up for the people we serve and come up with a solution that suits everyone. Scheduled Meetings Agriculture - Thursday, May 7, 9:00 a.m., Room 110, Farnum Building (373-5312) Appropriations Subcommittee K-12, School Aid, Education and House School Aid Appropriations Subcommittee - Wednesday, June 3, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Economic Development and International Investment - Thursday, May 7, 1:30 p.m., Room 210, Farnum Building (373-5312) Michigan Law Revision Commission - Wednesday, May 13, 11:30 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:27 a.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Thursday, May 7, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 620 No. 43 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, May 7, 2015. 10:00 a.m. The Senate was called to order by the Assistant President pro tempore, Senator Margaret E. O’Brien. The roll was called by the Assistant Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 622 JOURNAL OF THE SENATE [May 7, 2015] [No. 43 enator Kenneth B. Horn of the 32nd District offered the following invocation: S Dear Lord, what a glorious and brilliant day that You provided for us. My entire ride from Frankenmuth down here to the Capitol Building, I could only think, boy, the hostas around my house and around the main streets of Frankenmuth are over six inches tall. The trees are beginning to blossom along I-69. I can only imagine the beauty of the tulips that were growing on the west side of Michigan as we celebrated the Tulip Festival. With this being the National Day of Prayer, let us all unite to give You thanks for the blessings You provide to a very grateful nation. This is also our last day of session before Mother’s Day. For all of the sons and daughters in this chamber whose mothers are still here on earth, will you please just tap them on the shoulder and remind them to call home to give their moms a little bit bigger hug this year and to say I love you. For those of us whose mothers You brought home to be with You in heaven, please let them know that things are well down here, that we are doing fine. If You remember, I lost my mother just two years ago, and my wife’s mother left us in 1986, just a month after my son was born. If You would, just lean over and tell them that everything is going really well at home; that Andrea comes to visit once in a while from Grand Rapids; that Kevin is living with us at home with a beautiful daughter-in-law whom he brought with him from Ecuador; that you both have a great-grandson, Liam, who’s full of laughter and mischief. You have a granddaughter on the way. The house is full of energy. It’s just crazy, busy, and full; just the way you remember it. All of this serves as a reminder that as we stand here in this beautiful chamber, this very large chamber, preparing to solve some very big problems, that it’s the littlest things in life which remind us just how precious life is. It’s the life You provided for all of us. Just this last week, some of us had a very solemn visit to the Arlington National Cemetery, which reminds me to have You bless the mothers of our service men and women, our veterans, our police, and our firefighters who risk life and limb for us. I ask for a very special blessing for the sergeants who are right here in this chamber, who watch our backs and let us work in safety; to the Secretary of the Senate and staff who make all of this work seamlessly; for our own staffs and for the people in the Gallery. As we continue this National Day of Prayer and head into Mother’s Day on Sunday, Your day of rest, we invite You, Lord, to wiggle Your toes in the sweet waters of Michigan. I ask You to bless the people who make this Great Lakes State great. In Your name, all the children of God say, Amen. The Assistant President pro tempore, Senator O’Brien, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Hopgood entered the Senate Chamber. enator Kowall moved that Senators Meekhof and Hildenbrand be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Johnson and Young be temporarily excused from today’s session. S The motion prevailed. Senator Kowall moved that the Committee on Appropriations be discharged from further consideration of the following bill: Senate Bill No. 279, entitled A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 71 (MCL 38.1371), as amended by 1996 PA 268. The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders. Senator Kowall moved that the bill be referred to the Committee on Education. The motion prevailed. Senator Kowall moved that the Committee on Commerce be discharged from further consideration of the following bill: Senate Bill No. 280, entitled A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending section 10 (MCL 423.210), as amended by 2014 PA 414. No. 43] [May 7, 2015] JOURNAL OF THE SENATE 623 The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders. Senator Kowall moved that the bill be referred to the Committee on Education. The motion prevailed. Senators Meekhof, Hildenbrand and Johnson entered the Senate Chamber. enator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Meekhof admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Senator Meekhof asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Meekhof’s statement is as follows: It is a bittersweet day. We often have staff who work very diligently for us behind the scenes. These people have oppor­ tunities that come after their experience here. One of those individuals is Steve Heikkinen. Steve’s parents Pete and Ann are here as well. As my colleagues will agree, it is always hard to lose one of our great staffers here in the Michigan Senate. We look for­ ward to their success and hope for their return. But I am sure they are very productive in their new jobs because of the training they received here. Today we lose one of those great staffers to our colleagues across the rotunda. I am here to acknowledge the contributions of Steve to the Michigan Senate. He came to the Senate in 2012 at the start of hectic lame duck and was able to tread water right away. Steve’s professionalism, experience, and integrity have been greatly appreciated and have not gone unnoticed during his nearly three years as a session journal clerk. His ability to do whatever it takes to be an effective team member supporting and assisting co-workers is not something that you can teach new employees. For these reasons and more, Steve will be greatly missed as he returns to the House of Representatives. It is also my honor to present Steve with a tribute today with our gratitude for his dedication to the Michigan Senate. Can the members and staff on the floor help me to acknowledge the contributions of Steve and offer appreciation for his work here in the Senate. The Secretary announced that the following bills were printed and filed on Wednesday, May 6, and are available at the Michigan Legislature website: Senate Bill Nos. 313 314 315 Messages from the Governor The following message from the Governor was received: Date: May 5, 2015 Time: 12:36 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 12 (Public Act No. 20), being An act to amend 1943 PA 240, entitled “An act to provide for a state employees’ retirement system; to create a state employees’ retirement board and prescribe its powers and duties; to establish certain funds in connection with the retirement system; to require contributions to the retirement system by and on behalf of members and participants of the retirement system; to create certain accounts and provide for expenditures from those accounts; to prescribe the powers and duties of certain state and local officers and employees and certain state departments and agencies; to prescribe and make appropriations for the retirement system; and to prescribe penalties and provide remedies,” by amending section 68c (MCL 38.68c), as amended by 2013 PA 112. (Filed with the Secretary of State on May 5, 2015, at 4:08 p.m.) Respectfully, Rick Snyder Governor 624 JOURNAL OF THE SENATE [May 7, 2015] [No. 43 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Nofs as Chairperson. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 62, entitled A bill to amend 1937 PA 103, entitled “An act to prescribe certain conditions relative to the execution of instruments entitled to be recorded in the office of the register of deeds,” by amending section 3 (MCL 565.203). Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4075, entitled A bill to amend 1895 PA 161, entitled “An act to require county treasurers to furnish transcripts and abstracts of records, and fixing the fees to be paid therefor,” by amending section 1 (MCL 48.101), as amended by 1984 PA 291. Substitute (S-1). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 4, line 2, by striking out all of enacting section 1. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senator Young entered the Senate Chamber. By unanimous consent the Senate returned to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 115 Senate Bill No. 119 Senate Bill No. 128 Senate Bill No. 131 Senate Bill No. 118 Senate Bill No. 122 Senate Bill No. 124 Senate Bill No. 125 Senate Bill No. 132 House Bill No. 4069 House Bill No. 4169 House Bill No. 4135 The motion prevailed. The following bill was read a third time: Senate Bill No. 115, entitled A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 149 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker No. 43] Colbeck Emmons Green Hansen [May 7, 2015] JOURNAL OF THE SENATE 625 Jones O’Brien Shirkey Knollenberg Pavlov Stamas Kowall Proos Zorn MacGregor Robertson Nays—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. Senator Proos asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Proos’ statement is as follows: I appreciate the opportunity to take a moment with my colleagues. As I’m joined by Representative Miller, I would like to recognize the resolution that is before us from the Senator from the 18th District, recognizing the B-24 Liberator which was made here in the great state of Michigan, in Warren. It’s also a good time to join Representative Miller who has invited some very special guests who exemplify honor, courage, and sacrifice. As the 8th of May, we recognize a very special day in our history. It’s one which marked the end of fighting in World War II, victory in Europe. May 8, 2015, will be 70 years since that date. Representative Miller has invited some very special guests from the district we represent together. It includes the some World War II veterans I know my colleagues would like to recognize and honor. In fact, they have given us the chance to stand in freedom today under that great flag of ours. They are Mr. Dillon Fritz, Mr. Truman Miller, and Mr. Paul Richardson. They are joining us in the west Gallery today. If we could, please recognize them and thank them for their great service to our nation. The following bill was read a third time: Senate Bill No. 119, entitled A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 150 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson 626 JOURNAL OF THE SENATE [May 7, 2015] [No. 43 Nays—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 128, entitled A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 151 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. No. 43] [May 7, 2015] JOURNAL OF THE SENATE 627 The following bill was read a third time: Senate Bill No. 131, entitled A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 152 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 118, entitled A bill to make appropriations for the department of community health for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 153 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson 628 JOURNAL OF THE SENATE [May 7, 2015] [No. 43 Nays—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 122, entitled A bill to make appropriations for the legislature, the judiciary, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, and certain state purposes related thereto for the fiscal year ending September 30, 2016; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 154 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. No. 43] [May 7, 2015] JOURNAL OF THE SENATE 629 The following bill was read a third time: Senate Bill No. 124, entitled A bill to make appropriations for the department of human services for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 155 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 125, entitled A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 156 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson 630 JOURNAL OF THE SENATE [May 7, 2015] [No. 43 Nays—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 132, entitled A bill to make appropriations for the department of transportation for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 157 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. No. 43] [May 7, 2015] JOURNAL OF THE SENATE 631 The following bill was read a third time: House Bill No. 4069, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11 of chapter II (MCL 762.11), as amended by 2004 PA 239. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 158 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4169, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13 of chapter II (MCL 762.13), as amended by 2004 PA 239. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 632 Roll Call No. 159 JOURNAL OF THE SENATE [May 7, 2015] [No. 43 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—1 Gregory Excused—0 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4135, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12 of chapter II (MCL 762.12), as amended by 1994 PA 286. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 43] Roll Call No. 160 [May 7, 2015] JOURNAL OF THE SENATE 633 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”. The Senate agreed to the full title. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following concurrent resolution be postponed for today: S House Concurrent Resolution No. 3 The motion prevailed. enate Concurrent Resolution No. 9. S A concurrent resolution to urge the U.S. Department of Defense, Missile Defense Agency to select the Fort Custer Training Center as the location for a new ground-based interceptor ballistic missile defense mission. The question being on the adoption of the concurrent resolution, The concurrent resolution was adopted. 634 JOURNAL OF THE SENATE [May 7, 2015] [No. 43 enator Jones offered the following resolution: S Senate Resolution No. 49. A resolution to recognize and designate June 22-28, 2015, as Amateur Radio Week. Whereas, Amateur radio operators are celebrating over a century of the miracle of the human voice broadcast over the air­waves; and Whereas, Amateur radio continues to provide a bridge between people, societies, and countries by creating friendships and the sharing of ideas; and Whereas, Operators of amateur radio have also provided countless hours of community services both in emergencies and to other local organizations throughout these decades, which are provided wholly uncompensated; and Whereas, The state of Michigan recognizes the services amateur radio operators also provide to our many civilian emer­ gency response organizations, including the American Red Cross and the Salvation Army; and Whereas, These same individuals have further demonstrated their value in public assistance by providing free radio com­munications for local parades, bike-a-thons, walk-a-thons, fairs, and other charitable public events; and Whereas, The state of Michigan acknowledges and appreciates the diligence of these hams who also serve as weather spotters in the SKYWARN program of the National Weather Service; and Whereas, Amateur radio once again proved its undisputed relevance in the modern world by providing emergency commu­ ni­cations when other systems failed in the wake of Hurricane Irene and the paralyzing October blizzard that hit the Northeast and Atlantic Seaboard; and Whereas, The American Radio Relay League (ARRL) is the leading organization for amateur radio in the United States; and Whereas, The ARRL Amateur Radio Field Day exercise will take place on June 27-28, 2015, and is a 24-hour emer­gency preparedness exercise and demonstration of the radio amateurs’ skills and readiness to provide self-supporting communi­ cations without requiring further infrastructure; now, therefore, be it Resolved by the Senate, That we hereby recognize and designate June 22-28, 2015, as Amateur Radio Week in the state of Michigan. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Emmons, Hansen, Marleau, Nofs, Proos, Stamas, Warren and Zorn were named co‑sponsors of the resolution. Introduction and Referral of Bills Senator Jones introduced Senate Bill No. 316, entitled A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 3 (MCL 15.263), as amended by 1988 PA 278. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senator Robertson introduced Senate Bill No. 317, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1 (MCL 205.51), as amended by 2013 PA 160. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Knollenberg, Bieda, Hopgood, Marleau and Kowall introduced Senate Bill No. 318, entitled A bill to amend 2003 PA 225, entitled “An act to designate March 31 of each year as Cesar E. Chavez day in the state of Michigan; to designate July 14 of each year as President Gerald R. Ford day in the state of Michigan; and to designate July 30 of each year as Henry Ford day in the state of Michigan,” (MCL 435.301 to 435.303) by amending the title and by adding section 4. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Kowall, Shirkey, Hertel, MacGregor, Marleau and Emmons introduced Senate Bill No. 320, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17210 and 17708 (MCL 333.17210 and 333.17708), section 17708 as amended by 2012 PA 209. The bill was read a first and second time by title and referred to the Committee on Health Policy. No. 43] [May 7, 2015] JOURNAL OF THE SENATE 635 Statements Senator Bieda asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Bieda’s statement is as follows: I just wanted to take a couple of seconds to acknowledge someone who has been a great influence in my life. I wanted to thank my mom and wish her a very Happy Mother’s Day this Sunday. I also want to take the opportunity to wish Happy Mother’s Day to all of the mothers out there in the Legislature—your parents, your constituents. I wish you all a very, very Happy Mother’s Day. Committee Reports The Committee on Judiciary reported Senate Bill No. 219, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 49, 50, 50b, and 158 (MCL 750.49, 750.50, 750.50b, and 750.158), section 49 as amended by 2006 PA 129, section 50 as amended by 2007 PA 152, and section 50b as amended by 2008 PA 339. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 220, entitled A bill to amend 1935 PA 120, entitled “An act to prescribe a method for the fingerprinting of residents of the state, and to provide for the recording and filing thereof by the central records division of the department of state police,” by amending section 3 (MCL 28.273), as amended by 2012 PA 318. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4076, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 2 (MCL 28.422), as amended by 2014 PA 201. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson 636 JOURNAL OF THE SENATE [May 7, 2015] [No. 43 To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, May 5, 2015, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda The Committee on Commerce reported Senate Bill No. 213, entitled A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending section 61 (MCL 408.1061), as amended by 1996 PA 437. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor and Nofs Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Commerce submitted the following: T Meeting held on Wednesday, May 6, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Schmidt (C), Kowall, MacGregor, Nofs and Hertel The Committee on Outdoor Recreation and Tourism reported Senate Bill No. 244, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40119 (MCL 324.40119), as amended by 2013 PA 175. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Goeffrey M. Hansen Chairperson To Report Out: Yeas: Senators Hansen, Zorn, Schmidt and Green Nays: None The bill was referred to the Committee of the Whole. The Committee on Outdoor Recreation and Tourism reported Senate Bill No. 245, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40118 (MCL 324.40118), as amended by 2012 PA 520. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Goeffrey M. Hansen Chairperson To Report Out: Yeas: Senators Hansen, Zorn, Schmidt and Green Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. No. 43] [May 7, 2015] JOURNAL OF THE SENATE 637 The Committee on Outdoor Recreation and Tourism reported Senate Bill No. 246, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13e of chapter XVII (MCL 777.13e), as amended by 2014 PA 538. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Goeffrey M. Hansen Chairperson To Report Out: Yeas: Senators Hansen, Zorn, Schmidt and Green Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Outdoor Recreation and Tourism submitted the following: T Meeting held on Wednesday, May 6, 2015, at 12:30 p.m., Room 110, Farnum Building Present: Senators Hansen (C), Zorn, Schmidt and Green Excused: Senator Johnson The Committee on Regulatory Reform reported Senate Bill No. 152, entitled A bill to amend 2004 PA 403, entitled “Michigan unarmed combat regulatory act,” by amending the title and sections 1, 10, 11, 12, 20, 21, 22, 30, 31, 33, 34, 35, 40, 41, 42, 47, 48, 55, 57, and 58 (MCL 338.3601, 338.3610, 338.3611, 338.3612, 338.3620, 338.3621, 338.3622, 338.3630, 338.3631, 338.3633, 338.3634, 338.3635, 338.3640, 338.3641, 338.3642, 338.3647, 338.3648, 338.3655, 338.3657, and 338.3658), sections 1, 10, 11, 12, 21, 31, 34, 35, 47, 48, 55, 57, and 58 as amended by 2007 PA 196, sections 20 and 33 as amended by 2012 PA 546, and section 22 as amended by 2010 PA 100, and by adding sections 33a, 33b, 33c, 33d, 49, 49a, and 54a; and to repeal acts and parts of acts. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, Marleau, Hune, Warren, Hertel and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Regulatory Reform reported Senate Bill No. 154, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2010 PA 317. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, Marleau, Hune, Warren, Hertel and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Regulatory Reform reported House Bill No. 4162, entitled A bill to amend 1976 PA 333, entitled “An act to provide for the licensing of elevator journeymen and the regulation of elevators and elevator journeymen; to prescribe the functions of the director of labor and the elevator safety board; and to provide penalties for violations of this act,” by amending section 2 (MCL 338.2152). 638 JOURNAL OF THE SENATE [May 7, 2015] [No. 43 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, Marleau and Hune Nays: Senators Warren, Hertel and Johnson The bill was referred to the Committee of the Whole. The Committee on Regulatory Reform reported House Bill No. 4163, entitled A bill to amend 1967 PA 227, entitled “An act to regulate the inspection, construction, installation, alteration, maintenance, repair and operation of elevators and the licensing of elevator contractors; to prescribe the functions of the director of labor; to create, and prescribe the functions of, the elevator safety board; to provide penalties for violations of the act; and to repeal certain acts and parts of acts,” by amending the title and sections 3, 4, and 15 (MCL 408.803, 408.804, and 408.815), section 15 as amended by 2004 PA 269, and by adding section 14a. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, Marleau and Hune Nays: Senators Warren, Hertel and Johnson The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Regulatory Reform submitted the following: T Meeting held on Wednesday, May 6, 2015, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Rocca (C), Jones, Knollenberg, Kowall, Marleau, Hune, Warren, Hertel and Johnson COMMITTEE ATTENDANCE REPORT he Joint Committee on Administrative Rules submitted the following: T Meeting held on Wednesday, May 6, 2015, at 9:30 a.m., Room 426, Capitol Building Present: Senators Stamas (C), Rocca, Kowall, Hood and Hertel COMMITTEE ATTENDANCE REPORT he Committee on Families, Seniors and Human Services submitted the following: T Meeting held on Wednesday, May 6, 2015, at 3:00 p.m., Room 210, Farnum Building Present: Senators Emmons (C), Pavlov, Jones, Casperson and Johnson Scheduled Meetings Appropriations Subcommittee K-12, School Aid, Education and House School Aid Appropriations Subcommittee - Wednesday, June 3, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Local Government - Tuesday, May 12, 12:30 p.m., Room 100, Farnum Building (373-5323) Michigan Law Revision Commission - Wednesday, May 13, 11:30 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212) No. 43] [May 7, 2015] JOURNAL OF THE SENATE 639 enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:54 a.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Tuesday, May 12, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 640 No. 44 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, May 12, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—absent Stamas—present Warren—present Young—present Zorn—present 642 JOURNAL OF THE SENATE [May 12, 2015] [No. 44 astor Peter Dresser of Metro Detroit Christian Church of West Bloomfield offered the following invocation: P Jesus Christ, it is written in Your word, “I will build my called out governmental assembly and the gates of hell will not prevail.” Lord, You are building something here that evil powers cannot unravel, destroy, or undermine. You are bringing everything together under Your headship for a functional and productive state government that serves a prospering people, and that pleases God, Your Father. So we pray today in the same way You taught Your disciples to pray. Father, let Your kingdom come; let Your will be done; let Your very Spirit preside today over the affairs of this Senate and over every Senator. Let Your hand, Father, rest on each Senator for revelation and strength to act on that divine insight. Let heaven manifest today, creating an unusual sense of divine strategy and unity that releases strategic solutions for the state. Meet every need of every person in this great state of Michigan. Deliver us from the evil one, for Yours is the kingdom and Yours is the power and Yours is the glory forever. In Jesus’ name, Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Emmons entered the Senate Chamber. enator Kowall moved that Senator Nofs be temporarily excused from today’s session. S The motion prevailed. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:06 a.m. 11:05 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator Nofs entered the Senate Chamber. By unanimous consent the Senate proceeded to the order of Messages from the Governor The following messages from the Governor were received and read: April 21, 2015 I respectfully submit to the Senate the following appointments to office: Chair - Michigan Liquor Control Commission Andrew J. Deloney of 1470 Hillway Road, White Lake, Michigan 48386, county of Oakland, succeeding himself, is reappointed for a term expiring at the pleasure of the Governor. ichigan Liquor Control Commission M Andrew J. Deloney of 1470 Hillway Road, White Lake, Michigan 48386, county of Oakland, representing Republicans, succeeding himself, is reappointed for a term expiring June 12, 2019. Teri L. Quimby of 10771 Woodfield Circle, Brighton, Michigan 48114, county of Livingston, representing Republicans, succeeding herself, is reappointed for a term expiring June 12, 2017. April 23, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Tax Tribunal David B. Marmon of 10014 Kingston Avenue, Huntington Woods, Michigan 48074, county of Oakland, representing attorneys, succeeding himself, is reappointed for a term expiring June 30, 2019. No. 44] [May 12, 2015] JOURNAL OF THE SENATE 643 April 25, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Education Trust Board of Directors Ronald B. Wiser of 96 Chicago Avenue, South Haven, Michigan 49090, county of Van Buren, nominee of the Speaker of the House, succeeding himself, is reappointed for a term expiring December 31, 2017. April 30, 2015 I respectfully submit to the Senate the following appointment to office: Chair - State Historic Preservation Review Board Theodore J. Ligibel of 4291 Little Streams Trail, Lambertville, Michigan 48144, county of Monroe, is appointed for a term expiring at the pleasure of the Governor. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator O’Brien as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4076, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 2 (MCL 28.422), as amended by 2014 PA 201. Senate Bill No. 244, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40119 (MCL 324.40119), as amended by 2013 PA 175. House Bill No. 4162, entitled A bill to amend 1976 PA 333, entitled “An act to provide for the licensing of elevator journeymen and the regulation of elevators and elevator journeymen; to prescribe the functions of the director of labor and the elevator safety board; and to provide penalties for violations of this act,” by amending section 2 (MCL 338.2152). House Bill No. 4163, entitled A bill to amend 1967 PA 227, entitled “An act to regulate the inspection, construction, installation, alteration, main­te­ nance, repair and operation of elevators and the licensing of elevator contractors; to prescribe the functions of the director of labor; to create, and prescribe the functions of, the elevator safety board; to provide penalties for violations of the act; and to repeal certain acts and parts of acts,” by amending the title and sections 3, 4, and 15 (MCL 408.803, 408.804, and 408.815), section 15 as amended by 2004 PA 269, and by adding section 14a. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 245, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40118 (MCL 324.40118), as amended by 2012 PA 520. 644 JOURNAL OF THE SENATE [May 12, 2015] [No. 44 Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 246, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13e of chapter XVII (MCL 777.13e), as amended by 2014 PA 538. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Motions and Communications The following communications were received: Department of State Administrative Rules Notices of Filing May 5, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-091-LR (Secretary of State Filing #15-05-01) on this date at 2:25 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 39. Design Safety Standards for Electrical Systems.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. May 5, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-092-LR (Secretary of State Filing #15-05-02) on this date at 2:27 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 86. Electric Power Generation, Trans­ mission, and Distribution.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. May 6, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2006-047-HS (Secretary of State Filing #15-05-03) on this date at 1:32 p.m. for the Department of Health and Human Services, entitled “Child Caring Institutions.” These rules take effect 30 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The following communication was received: Office of Steven M. Bieda May 7, 2015 Pursuant to Senate Rule 1.110(c), I wish that my name be added as co‑sponsor to Senate Bill 187 (Jones). No. 44] [May 12, 2015] JOURNAL OF THE SENATE Thank you for your anticipated cooperation. The communication was referred to the Secretary for record. 645 Sincerely, Steven M. Bieda 9th District The Secretary announced that the following House bills were received in the Senate and filed on Thursday, May 7: House Bill Nos. 4071 4089 4091 4093 4097 4103 4105 4106 4113 4333 4334 4362 4389 4432 4457 4463 4467 4468 4482 The Secretary announced the enrollment printing and presentation to the Governor on Friday, May 8, for his approval the following bill: Enrolled Senate Bill No. 85 at 10:16 a.m. The Secretary announced that the following bills were printed and filed on Wednesday, May 6, and are available at the Michigan Legislature website: House Bill Nos. 4540 4541 4542 4543 4544 4545 4546 4547 4548 4549 4550 4551 4552 4553 4554 4555 4556 4557 4558 The Secretary announced that the following bills were printed and filed on Friday, May 8, and are available at the Michigan Legislature website: Senate Bill Nos. 316 317 318 320 House Bill Nos. 4559 4560 4561 4562 4563 4564 4565 4566 4567 4568 4569 By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following concurrent resolution be postponed for today: S House Concurrent Resolution No. 3 The motion prevailed. enator O’Brien offered the following resolution: S Senate Resolution No. 50. A resolution to proclaim May 17-23, 2015, as AMBER Alert Awareness Week. Whereas, Michigan’s AMBER Alert was launched in 2001, through a public-private partnership between the Michigan Association of Broadcasters, Michigan State Police, Michigan Chiefs of Police, Michigan Sheriffs’ Association, and Michigan Department of Transportation (MDOT), to locate and recover abducted endangered children within the state; and Whereas, The Michigan AMBER Alert program was the first in the nation to develop a statewide AMBER Alert system utilizing the eyes and ears of millions of people listening to radio, watching television, or viewing MDOT’s electronic message boards to successfully recover 340 abducted endangered children since its inception; and Whereas, The Michigan State Police and local law enforcement agencies have teamed with Michigan’s broadcasters and other state and local organizations to form an intricate network. It is one of the best and most comprehensive in the nation and employs the latest alerting technology to provide immediate information to the public during an active AMBER Alert; and Whereas, The Legislature, on behalf of the citizens of the state of Michigan, recognize the important contributions made by the partners and the support of the Michigan AMBER Alert Foundation, which has the purpose of helping to fund AMBER Alert in Michigan through the generosity of corporate donors and grants without state funding; now, therefore, be it Resolved by the Senate, That the members of this legislative body proclaim the week of May 17-23, 2015, as AMBER Alert Awareness Week; and be it further Resolved, That copies of this resolution be transmitted to the Michigan Association of Broadcasters, the Michigan Depart­ ment of State Police, the Michigan Chiefs of Police, the Michigan Sheriffs’ Association, and the Michigan Depart­ment of Transportation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. 646 JOURNAL OF THE SENATE [May 12, 2015] [No. 44 he question being on the adoption of the resolution, T Senator Kowall moved that the resolution be referred to the Committee on Judiciary. The motion prevailed. Senators Bieda, Booher, Brandenburg, Emmons, Gregory, Hansen, Hood, Knollenberg, MacGregor, Marleau, Robertson, Schmidt, Warren and Zorn were named co‑sponsors of the resolution. enators Stamas, Marleau, Booher, Emmons and Brandenburg offered the following resolution: S Senate Resolution No. 51. A resolution to recognize Iosco County as a premier birding destination in the state of Michigan. Whereas, Iosco County has three areas designated by the National Audubon Society as an Important Bird Area (IBA). An IBA is defined as providing essential habitat for one or more species of breeding, wintering, and/or migrating birds; and Whereas, The scenic byway along the Au Sable River provides habitat for wintering trumpeter swans; and Whereas, Management areas within the county are designated as nesting areas for the endangered Kirtland’s warbler, one of the most rare members of the wood warbler family. Iosco County has the largest concentration of the Kirtland’s warbler in Michigan; and Whereas, Tawas Point provides critical habitat for the spring migration of a variety of bird species; and Whereas, Iosco County contains a large nesting population of bald eagles. It also provides a nesting habitat for osprey, important raptors for the region; and Whereas, Iosco County has the only identified nesting populations of the endangered piping plover on the U.S. side of Lake Huron; and Whereas, The annual Tawas Birding Festival held in May attracts bird watchers from around the world; and Whereas, The new Sunrise Coast Birding Trail also originates at Oscoda and incorporates 150 miles north along the Lake Huron coast to Mackinaw City; and Whereas, Recognition of Iosco County as a premier birding destination in the state of Michigan has a great impact on the area. Birding enthusiasts promote the natural resources of the area and economic growth through tourism; now, therefore, be it Resolved by the Senate, That we encourage and express support for the recognition of Iosco County as a premier birding destination in the state of Michigan; and be it further Resolved, That copies of this resolution be transmitted to the Iosco County Board of Commissioners, the AuSable Valley Audubon, the Michigan Audubon Society, and the National Audubon Society. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Outdoor Recreation and Tourism. The motion prevailed. Senators Gregory, Hansen, Robertson and Schmidt were named co‑sponsors of the resolution. Introduction and Referral of Bills Senator Shirkey introduced Senate Bill No. 319, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by repealing section 1281a (MCL 380.1281a). The bill was read a first and second time by title and referred to the Committee on Appropriations. Senators Green and Jones introduced Senate Bill No. 321, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 519 and 8139 (MCL 600.519 and 600.8139), section 519 as amended by 2012 PA 38. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Zorn, Jones, Nofs and Brandenburg introduced Senate Bill No. 322, entitled A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining No. 44] [May 12, 2015] JOURNAL OF THE SENATE 647 public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 6 of chapter IV (MCL 224.6), as amended by 2012 PA 14. The bill was read a first and second time by title and referred to the Committee on Transportation. Senators Zorn, Jones, Nofs and Brandenburg introduced Senate Bill No. 323, entitled A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 11 (MCL 46.11), as amended by 2012 PA 15. The bill was read a first and second time by title and referred to the Committee on Transportation. Senators Young, Schuitmaker and Johnson introduced Senate Bill No. 324, entitled A bill to require certain law enforcement agencies to investigate certain officer-involved deaths; and to impose certain duties on certain state and local officials and agencies. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Young, Schuitmaker and Johnson introduced Senate Bill No. 325, entitled A bill to create a pilot program for the use of body-worn cameras by certain law enforcement officers; to provide funding for law enforcement agencies to use body-worn cameras; and to require retention and provide for the production by law enforcement agencies of recordings made by the body-worn cameras. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Warren, Kowall, Marleau, Colbeck, Nofs, Emmons, Booher, Proos, Brandenburg, MacGregor, Hansen, Schmidt, Schuitmaker, Ananich, Young, Gregory and Bieda introduced Senate Bill No. 326, entitled A bill to designate an official airplane of the state of Michigan. The bill was read a first and second time by title and referred to the Committee on Transportation. Senators Warren, Hopgood, Kowall, Marleau, Hood, Nofs, Emmons, Booher, Proos, Brandenburg, MacGregor, Hansen, Schmidt, Young, Gregory and Bieda introduced Senate Bill No. 327, entitled A bill to designate January 13 of each year as Korean American Day. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senator Schuitmaker introduced Senate Bill No. 328, entitled A bill to amend 1935 PA 59, entitled “An act to provide for the public safety; to create the Michigan state police, and provide for the organization thereof; to transfer thereto the offices, duties and powers of the state fire marshal, the state oil inspector, the department of the Michigan state police as heretofore organized, and the department of public safety; to create the office of commissioner of the Michigan state police; to provide for an acting commissioner and for the appoint­ ment of the officers and members of said department; to prescribe their powers, duties, and immunities; to provide the manner of fixing their compensation; to provide for their removal from office; and to repeal Act No. 26 of the Public Acts of 1919, being sections 556 to 562, inclusive, of the Compiled Laws of 1929, and Act No. 123 of the Public Acts of 1921, as amended, being sections 545 to 555, inclusive, of the Compiled Laws of 1929,” by amending section 8 (MCL 28.8). The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Ananich introduced Senate Bill No. 329, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 644f (MCL 168.644f), as amended by 2012 PA 276. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. 648 JOURNAL OF THE SENATE [May 12, 2015] [No. 44 House Bill No. 4071, entitled A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending section 7a (MCL 722.27a), as amended by 2012 PA 600. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 4089, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2015 PA 5 and section 17b as amended by 2007 PA 137. The House of Representatives has passed the bill. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 4091, entitled A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The House of Representatives has passed the bill. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 4093, entitled A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The House of Representatives has passed the bill. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 4097, entitled A bill to make appropriations for the department of education for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The House of Representatives has passed the bill. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 4103, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 236a (MCL 388.1836 and 388.1836a), section 236 as amended by 2015 PA 5 and section 236a as amended by 2014 PA 196. The House of Representatives has passed the bill. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. No. 44] [May 12, 2015] JOURNAL OF THE SENATE 649 House Bill No. 4105, entitled A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The House of Representatives has passed the bill. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 4106, entitled A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The House of Representatives has passed the bill. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 4113, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 201a (MCL 388.1801 and 388.1801a), section 201 as amended by 2015 PA 5 and section 201a as amended by 2014 PA 196. The House of Representatives has passed the bill. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 4333, entitled A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending section 8 (MCL 207.808), as amended by 2009 PA 123. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 4334, entitled A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 500 (MCL 208.1500), as amended by 2013 PA 233, and by adding section 402. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 4362, entitled A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 611 (MCL 418.611), as amended by 1993 PA 198. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Commerce. House Bill No. 4389, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 4a. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 4432, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 1014. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. 650 JOURNAL OF THE SENATE [May 12, 2015] [No. 44 House Bill No. 4457, entitled A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending section 8 (MCL 722.958), as amended by 2002 PA 646. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. House Bill No. 4463, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 37 of chapter XVII (MCL 777.37), as amended by 2002 PA 137. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4467, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 20i (MCL 791.220i), as amended by 2012 PA 599. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4468, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” (MCL 259.1 to 259.208) by amending the title, as amended by 2002 PA 90, and by adding chapter VIIA. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 4482, entitled A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending section 2 (MCL 722.22), as amended by 2005 PA 327. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 99, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 89a. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: House Bill No. 4038 House Bill No. 4054 House Bill No. 4075 The motion prevailed. No. 44] [May 12, 2015] JOURNAL OF THE SENATE 651 The following bill was read a third time: House Bill No. 4038, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5718 (MCL 600.5718). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 161 Yeas—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Rocca Casperson Hune Nofs Schmidt Colbeck Jones O’Brien Schuitmaker Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Nays—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Shirkey Excused—0 Not Voting—1 Smith In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4054, entitled A bill to amend 1987 PA 96, entitled “The mobile home commission act,” by amending sections 2, 4, 16, 17, 43, and 48 (MCL 125.2302, 125.2304, 125.2316, 125.2317, 125.2343, and 125.2348), section 2 as amended by 2012 PA 588, sections 4, 16, and 17 as amended by 2006 PA 328, and section 43 as added by 1988 PA 337, and by adding sections 48b and 50. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 652 Roll Call No. 162 JOURNAL OF THE SENATE [May 12, 2015] [No. 44 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—1 Smith In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to create a mobile home commission; to prescribe its powers and duties and those of local governments; to provide for a mobile home code and the licensure, regulation, construction, operation, and management of mobile home parks, the licensure and regulation of retail sales dealers, warranties of mobile homes, and service practices of dealers; to provide for the titling of mobile homes; to prescribe the powers and duties of certain agencies and departments; to provide remedies and penalties; to declare the act to be remedial; to repeal this act on a specific date; and to repeal certain acts and parts of acts,”. The Senate agreed to the full title. Senator Bieda asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Bieda’s statement is as follows: I’m just rising in support of House Bill No. 4054. This bill will strengthen the cooperation between local governments and state governments in the regulation of mobile home parks. I have received several contacts from local governments explaining that most mobile home park owners/operators are doing a good job, but they need more rules, inspections, and financial assurance when a distressful park falls out of compliance with the health and safety of park residents. It puts their health at risk. So I want to commend the sponsors, thank them for their work, and I want to request this body’s support for this muchneeded legislation. The following bill was read a third time: House Bill No. 4075, entitled A bill to amend 1895 PA 161, entitled “An act to require county treasurers to furnish transcripts and abstracts of records, and fixing the fees to be paid therefor,” by amending section 1 (MCL 48.101), as amended by 1984 PA 291. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 44] Roll Call No. 163 [May 12, 2015] JOURNAL OF THE SENATE 653 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—1 Smith In The Chair: President enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Statements Senator Hopgood asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Hopgood’s statement is as follows: Colleagues, I rise to warn you that we are one more step closer to having nuclear waste permanently disposed of on Lake Huron’s shoreline—threatening our Great Lakes and our way of life. Last week, Canada’s Joint Review Panel recom­ mended to their Minister of Environment the approval of Ontario Power Generation’s deep geologic repository to bury 200,000 cubic meters of radioactive nuclear waste around the shores of Lake Huron. I can share countless statistics with you about the dangers of this facility, but I shouldn’t have to. You don’t have to be a scientist or geologist to understand the risks this facility poses. Opposing this proposal should be a no-brainer. You wouldn’t dig an outhouse right next to your drinking well, and you wouldn’t plant crops on top of a landfill. We shouldn’t allow a nuclear waste dump next to our Great Lakes. It is as simple as that. A leak of nuclear waste into our freshwater system could have devastating effects on our region, our state, and our com­ munities: tainting our drinking water, killing off the plant and animal life that call our waters home, and posing serious health risks to families who swim, fish, and boat in Lake Huron and the rivers and lakes which it feeds. It would hurt the bottom line of our businesses and our industries that depend on healthy Great Lakes for their livelihoods. Communities across Michigan, Ohio, and Illinois, as well as Canada, have all consistently expressed their opposition to this plan, with over 152 resolutions representing 20 million-plus people opposing OPG’s proposed nuclear waste dump. Building a nuclear waste dump on Lake Huron’s shoreline should concern us all, regardless of where we live, as all of our constituents enjoy our beaches and fresh water regardless of where they live. Because of that, we should all be united and unified in the protection of our natural resources and our opposition to this proposal. 654 JOURNAL OF THE SENATE [May 12, 2015] [No. 44 The status of this proposal now lies in the hands of Canada’s Minister of Environment. We need to keep up the political and public pressure on our side of the lake to keep nuclear waste away from our shorelines and out of our waters. I hope that you all join me in continuing this fight to keep this nuclear waste dump from our shared Great Lakes shoreline. Committee Reports The Committee on Regulatory Reform reported Senate Bill No. 187, entitled A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by amending sections 2, 3, 3a, 4, 4a, 8, 9, 10, 11b, 12, 13, 14, 15, 16, and 19 (MCL 432.102, 432.103, 432.103a, 432.104, 432.104a, 432.108, 432.109, 432.110, 432.111b, 432.112, 432.113, 432.114, 432.115, 432.116, and 432.119), sections 2 and 9 as amended by 2008 PA 401, sections 3, 4a, and 12 as amended by 2012 PA 189, sections 3a, 8, 10, and 11b as amended by 2006 PA 427, sections 4, 13, 14, 15, and 16 as amended by 1999 PA 108, and section 19 as amended by 1995 PA 263, and by adding article 2; to designate sections 1 to 20 as article 1; and to repeal acts and parts of acts. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, Marleau, Hune, Warren, Hertel and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Agriculture reported Senate Bill No. 144, entitled A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 1109, 2129, and 3115 (MCL 289.1109, 289.2129, and 289.3115), sections 1109 and 2129 as amended by 2012 PA 178. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Schmidt, Booher and Smith Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Agriculture reported House Bill No. 4017, entitled A bill to amend 2000 PA 92, entitled “Food law,” (MCL 289.1101 to 289.8111) by amending the title and by adding section 5104. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Schmidt, Booher and Smith Nays: None The bill was referred to the Committee of the Whole. The Committee on Agriculture reported House Bill No. 4175, entitled A bill to amend 1994 PA 351, entitled “Equine activity liability act,” by amending section 5 (MCL 691.1665). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson No. 44] [May 12, 2015] JOURNAL OF THE SENATE 655 To Report Out: Yeas: Senators Hune, Schmidt, Booher and Smith Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Agriculture submitted the following: T Meeting held on Thursday, May 7, 2015, at 9:00 a.m., Room 110, Farnum Building Present: Senators Hune (C), Schmidt, Booher and Smith Excused: Senator Green The Committee on Appropriations reported House Bill No. 4363, entitled A bill to amend 1984 PA 192, entitled “Forbes mechanical contractors act,” by amending section 10 (MCL 338.980), as amended by 2012 PA 312. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 4364, entitled A bill to amend 2002 PA 733, entitled “State plumbing act,” by amending section 31 (MCL 338.3541), as amended by 2012 PA 311. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 4381, entitled A bill to amend 1979 PA 152, entitled “State license fee act,” by amending sections 13, 17, 21, 25, 27, 29, 31, 37, 38, and 43 (MCL 338.2213, 338.2217, 338.2221, 338.2225, 338.2227, 338.2229, 338.2231, 338.2237, 338.2238, and 338.2243), sections 13, 17, 21, 25, 27, 29, 31, 37, and 38 as amended by 2012 PA 308 and section 43 as amended by 2013 PA 78. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau Nays: None The bill was referred to the Committee of the Whole. 656 JOURNAL OF THE SENATE [May 12, 2015] [No. 44 The Committee on Appropriations reported House Bill No. 4382, entitled A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 3 (MCL 338.883), as amended by 2012 PA 313. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 4383, entitled A bill to amend 1986 PA 54, entitled “Building officials and inspectors registration act,” by amending section 13 (MCL 338.2313), as amended by 2012 PA 314. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 4384, entitled A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending section 1060 (MCL 450.3060), as amended by 2014 PA 557. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 4397, entitled A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 1060 (MCL 450.2060), as amended by 2012 PA 315. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 4398, entitled A bill to amend 2008 PA 551, entitled “Uniform securities act (2002),” by amending section 410 (MCL 451.2410), as amended by 2012 PA 307. No. 44] [May 12, 2015] JOURNAL OF THE SENATE 657 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 4399, entitled A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending section 1101 (MCL 450.5101), as amended by 2012 PA 310. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 4400, entitled A bill to amend 1937 PA 284, entitled “An act to prevent the spread of infectious and contagious diseases of livestock; to require persons, associations, partnerships and corporations engaged in the buying, receiving, selling, transporting, exchanging, negotiating, or soliciting sale, resale, exchange or transportation of livestock to be licensed and bonded by the department of agriculture; to keep a producers’ proceeds account; to provide for the refusal, suspension or revocation of such licenses; to provide for weighmasters; to provide for the inspection and disinfection of yards, premises and vehicles; and to provide penalties for the violation of this act,” by amending section 3 (MCL 287.123), as amended by 2012 PA 317. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 4404, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 10 (MCL 421.10), as amended by 2011 PA 269. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 4409, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by repealing section 57s (MCL 400.57s), as added by 2006 PA 471. 658 JOURNAL OF THE SENATE [May 12, 2015] [No. 44 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 4434, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 117a (MCL 400.117a), as amended by 2014 PA 520. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 4439, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 806 (MCL 257.806), as amended by 2011 PA 159. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 4440, entitled A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state trans­portation com­ mission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 11 (MCL 247.911), as amended by 2014 PA 302. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 4441, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec­ tions 3104, 3118, 3120, 3122, 4112, 11525a, 17303, and 17317 (MCL 324.3104, 324.3118, 324.3120, 324.3122, No. 44] [May 12, 2015] JOURNAL OF THE SENATE 659 324.4112, 324.11525a, 324.17303, and 324.17317), sections 3104, 3118, 3120, and 3122 as amended by 2011 PA 90, section 4112 as amended by 2010 PA 302, section 11525a as amended by 2013 PA 72, section 17303 as added by 2008 PA 394, and section 17317 as added by 2008 PA 395. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 4443, entitled A bill to amend 1935 PA 120, entitled “An act to prescribe a method for the fingerprinting of residents of the state, and to provide for the recording and filing thereof by the central records division of the department of state police,” by amending the title and section 3 (MCL 28.273), the title as amended by 1985 PA 175 and section 3 as amended by 2012 PA 318. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 4445, entitled A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appro­ priation for certain purposes,” by amending section 7 (MCL 28.297), as amended by 2011 PA 158. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 4446, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 208b, 217a, and 232 (MCL 257.208b, 257.217a, and 257.232), as amended by 2011 PA 159. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau Nays: None The bill was referred to the Committee of the Whole. 660 JOURNAL OF THE SENATE [May 12, 2015] [No. 44 The Committee on Appropriations reported House Bill No. 4448, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 30104, 30104b, 30109, 32312, and 32513 (MCL 324.30104, 324.30104b, 324.30109, 324.32312, and 324.32513), sections 30104 and 32513 as amended by 2013 PA 98, section 30104b as amended by 2010 PA 179, and sections 30109 and 32312 as amended by 2011 PA 90. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, May 6, 2015, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Excused: Senator Schuitmaker The Committee on Economic Development and International Investment reported Senate Bill No. 304, entitled A bill to amend 2008 PA 429, entitled “Scrap metal regulatory act,” by amending section 6 (MCL 445.426), as added by 2014 PA 99. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Kenneth B. Horn Chairperson To Report Out: Yeas: Senators Horn, Schmidt, Stamas, Emmons, Smith and Bieda Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Economic Development and International Investment submitted the following: T Meeting held on Thursday, May 7, 2015, at 1:30 p.m., Room 210, Farnum Building Present: Senators Horn (C), Schmidt, Stamas, Emmons, Smith and Bieda Excused: Senator Brandenburg Scheduled Meetings Appropriations Subcommittee K-12, School Aid, Education and House School Aid Appropriations Subcommittee - Wednesday, June 3, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Economic Development and International Investment - Thursday, May 14, 1:30 p.m., Room 210, Farnum Building (373-5312) Families, Seniors and Human Services - Wednesday, May 13, 3:00 p.m., Room 210, Farnum Building (373-5323) No. 44] [May 12, 2015] JOURNAL OF THE SENATE 661 Michigan Competitiveness - Wednesday, May 13, 8:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373‑5314) Michigan Law Revision Commission - Wednesday, May 13, 11:30 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212) Natural Resources - Wednesday, May 13, 12:30 p.m., Room 210, Farnum Building (373-5314) Outdoor Recreation and Tourism - Wednesday, May 13, 12:30 p.m., Room 110, Farnum Building (373-1721) Regulatory Reform - Wednesday, May 13, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323) Transportation - Thursday, May 14, 8:30 a.m., Room 210, Farnum Building (373-5323) Veterans, Military Affairs and Homeland Security - Thursday, May 14, 2:00 p.m., Room 110, Farnum Building (373‑5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:48 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, May 13, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 662 No. 45 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, May 13, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—excused Stamas—present Warren—present Young—present Zorn—present 664 JOURNAL OF THE SENATE [May 13, 2015] [No. 45 ord George Carey, former Archbishop of Canterbury, offered the following invocation: L Lord, the God of righteousness and truth, grant to the President and all members of this Senate and all in positions of responsibility the guidance of Your Holy Spirit. May they never lead the nation wrongly through love of power, desire to please, or unworthy ideals. But laying aside all private interests and prejudices, they keep in mind their responsibility to seek to improve the condition of all people. So may Your kingdom come and Your name be hallowed. Amen. That was from the House of Commons, and this is from the House of Lords: Almighty God, by whom alone all kings reign and princes decree justice and from whom alone cometh our counsel, wisdom, and understanding: We Thy unworthy servants here gathered together in Thy name do most humbly beseech Thee to send down Thy heavenly wisdom from above to direct and guide us in all of our consultations. Grant that we having Thy fear always before our eyes and laying aside all private interests, prejudices, and partial affections, the result of all our counsel may be to the glory of Thy blessed name, the maintenance of true religion and justice, the public wealth, peace, and tranquility of the realm and the uniting and knitting together of the hearts of all persons and the states within the same. In true Christian love and charity one towards another through Jesus Christ our Lord. Amen. Will you say with me, the grace of our Lord Jesus Christ and the love of God and the fellowship of the Holy Spirit, Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Hansen and Nofs entered the Senate Chamber. he Secretary announced that the Majority Leader has made the appointment of the following standing committees: T Agriculture - Senator Johnson (MVC) replacing Senator Smith. Banking and Financial Institutions - Senator Young replacing Senator Smith. Economic Development and International Investment - Senator Warren (MVC) replacing Senator Smith. Energy and Technology - Senator Bieda replacing Senator Smith. Insurance - Senator Johnson replacing Senator Smith and Senator Bieda as (MVC). The standing committee appointments were approved, a majority of the members serving voting therefor. The following communication was received and read: Office of the Senate Minority Leader May 12, 2015 I would like to formally notify you of my decision to remove Senator Virgil Smith, Jr., from his position as Assistant Minority Caucus Whip. Senator Bert Johnson is now serving in this role, effective immediately. Thank you for your time. Sincerely, Jim Ananich Senate Minority Leader The communication was referred to the Secretary for record. The following communications were received: Department of State Administrative Rules Notices of Filing May 7, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-104-CH (Secretary of State Filing #15-05-04) on this date at 2:59 p.m. for the Department of Health and Human Services, entitled “Blood Lead Analysis Reporting.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, 45a(6) or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. No. 45] [May 13, 2015] JOURNAL OF THE SENATE 665 May 7, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-128-HS (Secretary of State Filing #15-05-06) on this date at 2:59 p.m. for the Department of Health and Human Services, entitled “Interstate Compact on the Placement of Children.” These rules become effective 30 days upon filing with the Secretary of State. May 7, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-027-HS (Secretary of State Filing #15-05-05) on this date at 3:00 p.m. for the Department of Health and Human Services, entitled “State Emergency Relief Program.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, May 12: House Bill Nos. 4074 4166 4464 4465 enator Hood moved that Senators Johnson and Young be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Smith be excused from today’s session. S The motion prevailed. Messages from the Governor The following messages from the Governor were received and read: May 4, 2015 I respectfully submit to the Senate the following appointments to office: Chair - Governor’s Talent Investment Board Gerald M. Alyea of 6901 Lansing Avenue, Jackson, Michigan 49201, county of Jackson, is appointed for a term expiring at the pleasure of the Governor. ice Chair - Governor’s Talent Investment Board V Dennis J. Argyle of 5360 Hampton Place, Saginaw, Michigan 48623, county of Saginaw, is appointed for a term expiring at the pleasure of the Governor. overnor’s Talent Investment Board G Marcus R. James of 6095 Riverview Drive, Jackson, Michigan 49203, county of Jackson, representing the private sector, is appointed for a term expiring April 15, 2017. Helen Dietrich of 882 Harding Avenue, Conklin, Michigan 49403, county of Ottawa, representing the private sector, is appointed for a term expiring April 15, 2017. Douglas A. Parkes of 724 Harbor Drive, Manistee, Michigan 49660, county of Manistee, representing the private sector, is appointed for a term expiring April 15, 2017. Jodi M. Gibson of 5506 N. Red Pine Circle, Kalamazoo, Michigan 49009, county of Kalamazoo, representing the private sector, is appointed for a term expiring April 15, 2017. Brad Rusthoven of 3362 Canopy Drive, DeWitt, Michigan 48820, county of Clinton, representing the private sector, is appointed for a term expiring April 15, 2017. Donald C. O’Connell of 20900 Smallwood Drive, Beverly Hills, Michigan 48025, county of Oakland, representing labor/apprenticeships, is appointed for a term expiring April 15, 2017. 666 JOURNAL OF THE SENATE [May 13, 2015] [No. 45 Tauzzari T. Robinson of 8431 Sherwood Drive, Grand Blanc, Michigan 48439, county of Genesee, representing youth organizations, is appointed for a term expiring April 15, 2017. Abdul Haidous of 39225 Glenwood Road, Wayne, Michigan 48184, county of Wayne, representing chief elected officials, is appointed for a term expiring April 15, 2017. Darcy Kerr of 10700 Sunfield Road, Sunfield, Michigan 48890, county of Eaton, representing the private sector, is appointed for a term expiring April 15, 2018. Dennis J. Argyle of 5360 Hampton Place, Saginaw, Michigan 48623, county of Saginaw, representing the private sector, is appointed for a term expiring April 15, 2018. Thomas Begin of 598 Mary Court, Fenton, Michigan 48430, county of Genesee, representing the private sector, is appointed for a term expiring April 15, 2018. Gregory Winter of 14436 Parallel Avenue, Alpena, Michigan 49707, county of Presque Isle, representing the private sector, is appointed for a term expiring April 15, 2018. Tony L. Retaskie of 936 Wilson Street, Marquette, Michigan 49855, county of Marquette, representing labor/apprentice­ ships, is appointed for a term expiring April 15, 2018. William J. Peterson of 39925 Southpointe Drive, Harrison Township, Michigan 48045, county of Macomb, representing labor/apprenticeships, is appointed for a term expiring April 15, 2018. Elaine Wood of 451 N. Madison Avenue, Traverse City, Michigan 49684, county of Grand Traverse, representing community-based organizations, is appointed for a term expiring April 15, 2018. Suzanne Howell of 2411 Willowdale Road, Burton, Michigan 48509, county of Genesee, representing core programs, is appointed for a term expiring April 15, 2019. Christine Qinn of 1350 Nicholas Lane, Charlotte, Michigan 48813, county of Eaton, representing core programs, is appointed for a term expiring April 15, 2019. Conan M. Smith of 234 8th Street, Ann Arbor, Michigan 48103, county of Washtenaw, representing chief elected officials, is appointed for a term expiring April 15, 2019. Gerald M. Alyea of 6901 Lansing Avenue, Jackson, Michigan 49201, county of Jackson, representing the private sector, is appointed for a term expiring April 15, 2019. Kenyatta Brame of 2531 Barfield Avenue, S.E., Grand Rapids, Michigan 49546, county of Kent, representing the private sector, is appointed for a term expiring April 15, 2019. Paul W. Arsenault of 160 S. Lilac Street, Ishpeming, Michigan 49849, county of Marquette, representing the private sector, is appointed for a term expiring April 15, 2019. Tony Day of P.O. Box 440, Athens, Michigan 49011, county of Calhoun, representing the private sector, is appointed for a term expiring April 15, 2019. John Moll of 5571 Lake Pleasant Road, North Branch, Michigan 48461, county of Lapeer, representing the private sector, is appointed for a term expiring April 15, 2019. Zane P. Walker of 2127 East Burnside Road, North Branch, Michigan 48461, county of Lapeer, representing labor/ apprentice­ships, is appointed for a term expiring April 15, 2019. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. The following message from the Governor was received and read: May 8, 2015 ue to an error on the letter dated April 21, 2015, and filed with your office on May 7, 2015, please be advised of the D following correction appearing in bold: Chair - Michigan Liquor Control Commission Andrew J. Deloney of 1470 Hillway Road, White Lake, Michigan 48386, county of Oakland, succeeding himself, is reappointed for a term expiring at the pleasure of the Governor. ichigan Liquor Control Commission M Andrew J. Deloney of 1470 Hillway Road, White Lake, Michigan 48386, county of Oakland, representing Republicans, succeeding himself, is reappointed for a term expiring June 12, 2019. Teri L. Quimby of 10771 Woodfield Circle, Brighton, Michigan 48114, county of Livingston, representing Republicans, succeeding herself, is reappointed for a term expiring June 12, 2019. Sincerely, Rick Snyder Governor The message was referred to the Committee on Government Operations. No. 45] [May 13, 2015] JOURNAL OF THE SENATE 667 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Hildenbrand as Chairperson. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 270, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” (MCL 700.1101 to 700.8206) by adding sections 5301b and 5402a. Senate Bill No. 281, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8322 (MCL 600.8322), as amended by 2005 PA 326. Senate Bill No. 166, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 33 (MCL 257.33), as amended by 2013 PA 36, and by adding section 7b. Senate Bill No. 154, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2010 PA 317. Senate Bill No. 304, entitled A bill to amend 2008 PA 429, entitled “Scrap metal regulatory act,” by amending section 6 (MCL 445.426), as added by 2014 PA 99. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 251, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 11 of chapter XIIA (MCL 712A.11), as amended by 1996 PA 409, and by adding section 2f to chapter XIIA. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 165, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 624a, 657, 660, 662, 901, and 907 (MCL 257.624a, 257.657, 257.660, 257.662, 257.901, and 257.907), section 624a as amended by 2012 PA 306, sections 657 and 662 as amended by 2002 PA 494, section 660 as amended by 2006 PA 339, and section 907 as amended by 2014 PA 303, and by adding sections 518a and 625p. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 152, entitled A bill to amend 2004 PA 403, entitled “Michigan unarmed combat regulatory act,” by amending the title and sections 1, 10, 11, 12, 20, 21, 22, 30, 31, 33, 34, 35, 40, 41, 42, 47, 48, 55, 57, and 58 (MCL 338.3601, 338.3610, 338.3611, 668 JOURNAL OF THE SENATE [May 13, 2015] [No. 45 338.3612, 338.3620, 338.3621, 338.3622, 338.3630, 338.3631, 338.3633, 338.3634, 338.3635, 338.3640, 338.3641, 338.3642, 338.3647, 338.3648, 338.3655, 338.3657, and 338.3658), sections 1, 10, 11, 12, 21, 31, 34, 35, 47, 48, 55, 57, and 58 as amended by 2007 PA 196, sections 20 and 33 as amended by 2012 PA 546, and section 22 as amended by 2010 PA 100, and by adding sections 33a, 33b, 33c, 33d, 49, 49a, and 54a; and to repeal acts and parts of acts. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senator Johnson entered the Senate Chamber. By unanimous consent the Senate returned to the order of Messages from the House Senator Young entered the Senate Chamber. Senate Bill No. 52, entitled A bill to amend 2008 PA 176, entitled “Veterans welcome home act,” by amending section 2 (MCL 35.1232). The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 4076 Senate Bill No. 244 Senate Bill No. 245 Senate Bill No. 246 House Bill No. 4162 House Bill No. 4163 The motion prevailed. The following bill was read a third time: House Bill No. 4076, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 2 (MCL 28.422), as amended by 2014 PA 201. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 164 Ananich Bieda Yeas—37 Hertel Knollenberg Robertson Hildenbrand Kowall Rocca No. 45] [May 13, 2015] JOURNAL OF THE SENATE 669 Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Smith Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 244, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40119 (MCL 324.40119), as amended by 2013 PA 175. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 165 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Smith 670 JOURNAL OF THE SENATE [May 13, 2015] [No. 45 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 245, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40118 (MCL 324.40118), as amended by 2012 PA 520. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 166 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Smith Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 246, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13e of chapter XVII (MCL 777.13e), as amended by 2014 PA 538. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 45] [May 13, 2015] JOURNAL OF THE SENATE Roll Call No. 167 671 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Smith Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4162, entitled A bill to amend 1976 PA 333, entitled “An act to provide for the licensing of elevator journeymen and the regulation of elevators and elevator journeymen; to prescribe the functions of the director of labor and the elevator safety board; and to provide penalties for violations of this act,” by amending section 2 (MCL 338.2152). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 168 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood 672 JOURNAL OF THE SENATE [May 13, 2015] [No. 45 Excused—1 Smith Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4163, entitled A bill to amend 1967 PA 227, entitled “An act to regulate the inspection, construction, installation, alteration, mainte­ nance, repair and operation of elevators and the licensing of elevator contractors; to prescribe the functions of the director of labor; to create, and prescribe the functions of, the elevator safety board; to provide penalties for violations of the act; and to repeal certain acts and parts of acts,” by amending the title and sections 3, 4, and 15 (MCL 408.803, 408.804, and 408.815), section 15 as amended by 2004 PA 269, and by adding section 14a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 169 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Excused—1 Smith In The Chair: O’Brien Not Voting—0 No. 45] [May 13, 2015] JOURNAL OF THE SENATE 673 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following concurrent resolution be postponed for today: S House Concurrent Resolution No. 3 The motion prevailed. enator Kowall moved that rule 3.204 be suspended to permit immediate consideration of the following resolution: S Senate Resolution No. 52 The motion prevailed, a majority of the members serving voting therefor. enator Kowall offered the following resolution: S Senate Resolution No. 52. A resolution recognizing the 150th Anniversary of BASF. Whereas, BASF is the world’s leading chemical company by sales; and Whereas, BASF has a substantial presence in the state of Michigan that stretches back to 1969, beginning with its purchase of Wyandotte Chemicals. Today, the company has more than 1,600 employees in Michigan, with facilities located in Wyandotte, Southfield, Livonia, Mattawan, Lincoln Park, Wixom, Troy, and Rochester Hills; and Whereas, The BASF sites in Michigan and their employees contribute to the well-being of the communities in which they reside through support of local charities and nonprofit organizations, business associations, and chambers of commerce. BASF also supports the University of Michigan and has partnered with the Michigan Science Center to bring the BASF Kids’ Lab program to local schoolchildren; and Whereas, History shows that chemistry is an enabler for new ideas and solutions, and BASF’s corporate purpose is “We create chemistry for a sustainable future”; and Whereas, BASF is celebrating its 150th Anniversary in 2015; and Whereas, In its 150th year, BASF will focus its “We create chemistry” strategy on addressing global challenges in three areas: urban living, smart energy, and food; and Whereas, BASF’s Michigan sites are contributing solutions to addressing these and other challenges that confront our local communities, state, nation, and the world; and Whereas, BASF has made it a priority throughout its history—and in particular in its 150th year—to connect people and ideas to make a lasting contribution to society; and Whereas, BASF has pledged to continue to use what it learns in its anniversary year for the benefit of society; now, therefore, be it Resolved by the Senate, That we extend best wishes and congratulations to BASF on its 150th Anniversary; and be it further Resolved, That copies of this resolution be transmitted to all the BASF facilities in the state of Michigan as a token of our esteem. The question being on the adoption of the resolution, The resolution was adopted. Senators Booher, Gregory, Hansen, Hopgood, Marleau, O’Brien, Proos, Schmidt and Stamas were named co‑sponsors of the resolution. enator Casperson offered the following resolution: S Senate Resolution No. 53. A resolution to memorialize the President of the United States, the United States Congress, and the United States Environ­ mental Protection Agency to abandon the promulgation of currently proposed carbon emission reduction regulations that would lead to an unnecessary and drastic increase in the cost of electricity for the people of the state of Michigan. Whereas, The U.S. Environmental Protection Agency (EPA) is in the process of finalizing rules that will require states to reduce carbon emissions by dramatically altering the production, distribution, and use of electricity. The EPA is expected to announce the official requirements during the summer of 2015. As currently proposed, the EPA will allow states only up to one year to submit proposals outlining their plan to comply; and 674 JOURNAL OF THE SENATE [May 13, 2015] [No. 45 Whereas, The proposed EPA regulations constitute an unprecedented usurpation of state authority by the federal govern­ ment. In crafting these new extreme regulations, the EPA has reinterpreted section 111(d) of the Clean Air Act and intends to exercise radical and never before seen federal authority over state electric matters. Section 111(d) had previously been correctly interpreted to extend only to specific emissions aspects of individual power plants, but the EPA is now attempting to extend the regulatory reach to impact decisions affecting the method of generation and type of fuel used to produce electricity, demand response programs, and other parts of the electric system that were being properly overseen by the states; and Whereas, The proposed EPA regulations are threatening the cost structure of the electric grid in Michigan and around the country. Compliance with these regulations will likely require the early retirement of expensive to build power plants that contribute to Michigan’s regional transmission organization, the Midcontinent Independent System Operator (MISO). Retiring these power plants means that other plants which are less cost-effective to operate will be responsible for generating a larger percentage of the region’s electricity, resulting in higher rates for Michigan residents and businesses; now, therefore, be it Resolved by the Senate, That we memorialize the President of the United States, the United States Congress, and the United States Environmental Protection Agency to abandon the promulgation of currently proposed carbon emission reduction regulations that would lead to an unnecessary and drastic increase in the cost of electricity for the people of the state of Michigan; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the Majority Leader of the United States Senate, the members of the Michigan congressional delegation, and the Administrator of the United States Environmental Protection Agency. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Natural Resources. The motion prevailed. Senators Booher, Colbeck, Hansen, Kowall, MacGregor, Marleau, Pavlov, Proos, Schmidt, Shirkey, Stamas and Zorn were named co‑sponsors of the resolution. enator Meekhof offered the following resolution: S Senate Resolution No. 54. A resolution commemorating May 13, 2015, as Children’s Advocacy Day and recognizing the Children’s Trust Fund for its effort to work towards preventing child abuse and neglect in Michigan. Whereas, Established by the Michigan Legislature through 1982 PA 249 and 1982 PA 250, the Children’s Trust Fund is Michigan’s only independent statewide nonprofit agency coordinating a statewide network and staff and volunteers who prevent child abuse and neglect; and Whereas, The Children’s Trust Fund’s work begins each day when 85 of our youngest Michiganders—infants and children— are put at serious risk because of abuse or neglect. Almost 200,000 children lived in a family that was investigated for suspected abuse or neglect—a staggering 41 percent increase from 2005 to 2013; and Whereas, Michigan’s struggle to protect our children is not just about numbers, but also about adults struggling and striving to make the right choices and whose decisions directly affect the children around them; and Whereas, Far too many of these adults face challenges that range from substance abuse to behavioral illnesses to joblessness—challenges that bring them to the attention of the child welfare system for a grievous number of these families; and Whereas, Protecting our children often means stepping in early and providing the adults in their lives with the resources, support, and solutions that can help them make better decisions; and Whereas, The Children’s Trust Fund is the only statewide agency coordinating programs that serve every county to prevent abuse and neglect before they happen. This is achieved through proactive programs and interventions, as well as professionals and trained specialists working with families so they understand and respond to their children’s develop­ mental needs and are connected to the support of family and community; and Whereas, The Children’s Trust Fund provides assistance every day in communities all across Michigan, using a researchbased approach that builds on parental resilience, promotes community and social connections, and links families to support. This assistance not only improves the well-being of our children, but also saves lives in many cases; and Whereas, The Children’s Trust Fund conducts its work primarily through donations, including annual events such as the Pam Posthumus Signature Auction Event on May 13 in Lansing, designed to generate revenue for its many programs; and Whereas, Across Michigan, thousands of children and their families with few resources are getting help through the Children’s Trust Fund; now, therefore, be it No. 45] [May 13, 2015] JOURNAL OF THE SENATE 675 Resolved by the Senate, That the members of this legislative body recognize May 13, 2015, as Children’s Advocacy Day and the Children’s Trust Fund for the importance of its function in protecting our children. We extend to all those associated with the Children’s Trust Fund and the auction event our sincere appreciation for their commitment to this important cause; and be it further Resolved, That a copy of this resolution be transmitted to the Children’s Trust Fund with our highest esteem. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Ananich, Booher, Brandenburg, Gregory, Hansen, Hertel, Hopgood, Jones, Kowall, MacGregor, Marleau, O’Brien, Pavlov, Proos, Schmidt, Shirkey, Stamas, Zorn and Knollenberg were named co‑sponsors of the resolution. Senator Meekhof asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Meekhof’s statement is as follows: This is a resolution to recognize the Children’s Trust Fund for its efforts to work toward preventing child abuse and neglect in Michigan. The Children’s Trust Fund is the only independent statewide nonprofit agency coordinating programs that serve every county in Michigan to prevent child abuse and neglect before they happen through proactive programs and interventions. Each day, 85 of our youngest Michiganders—infants and children—are put at serious risk because of abuse and neglect. Protecting our children often means stepping in early and providing the adults in their lives with the resources, support, and solutions they need that can help them make better decisions. The Children’s Trust Fund conducts its work primarily through donations, including annual events such as the Pam Posthumus Signature Auction Event that will be held in Lansing this evening. I ask that the members of this legislative body recognize today, May 13, 2015, as Children’s Advocacy Day and the Children’s Trust Fund for their importance of its functions protecting our children. enators Shirkey and Casperson offered the following concurrent resolution: S Senate Concurrent Resolution No. 13. A concurrent resolution to memorialize the President of the United States, the United States Congress, and the United States Environmental Protection Agency to abandon the promulgation of currently proposed carbon emission reduction regula­ tions that would lead to an unnecessary and drastic increase in the cost of electricity for the people of the state of Michigan. Whereas, The U.S. Environmental Protection Agency (EPA) is in the process of finalizing rules that will require states to reduce carbon emissions by dramatically altering the production, distribution, and use of electricity. The EPA is expected to announce the official requirements during the summer of 2015. As currently proposed, the EPA will allow states only up to one year to submit proposals outlining their plan to comply; and Whereas, The proposed EPA regulations constitute an unprecedented usurpation of state authority by the federal govern­ment. In crafting these new extreme regulations, the EPA has reinterpreted section 111(d) of the Clean Air Act and intends to exercise radical and never before seen federal authority over state electric matters. Section 111(d) had previously been correctly interpreted to extend only to specific emissions aspects of individual power plants, but the EPA is now attempting to extend the regulatory reach to impact decisions affecting the method of generation and type of fuel used to produce electricity, demand response programs, and other parts of the electric system that were being properly overseen by the states; and Whereas, The proposed EPA regulations are threatening the cost structure of the electric grid in Michigan and around the country. Compliance with these regulations will likely require the early retirement of expensive to build power plants that contribute to Michigan’s regional transmission organization, the Midcontinent Independent System Operator (MISO). Retiring these power plants means that other plants which are less cost-effective to operate will be responsible for generating a larger percentage of the region’s electricity, resulting in higher rates for Michigan residents and businesses; now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That we memorialize the President of the United States, the United States Congress, and the United States Environmental Protection Agency to abandon the promulgation of currently proposed carbon emission reduction regulations that would lead to an unnecessary and drastic increase in the cost of electricity for the people of the state of Michigan; and be it further Resolved, That copies of this concurrent resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the Majority Leader of the United States Senate, the members of the Michigan congressional delegation, and the Administrator of the United States Environmental Protection Agency. 676 JOURNAL OF THE SENATE [May 13, 2015] [No. 45 ending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, P Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the concurrent resolution, Senator Kowall moved that the concurrent resolution be referred to the Committee on Natural Resources. The motion prevailed. Senators Booher, Colbeck, Hansen, Kowall, MacGregor, Marleau, Pavlov, Proos, Schmidt, Stamas and Zorn were named co‑sponsors of the concurrent resolution. Introduction and Referral of Bills Senators Proos, Colbeck, Meekhof, Shirkey and Robertson introduced Senate Bill No. 330, entitled A bill to prohibit local units of government from adopting ordinances or regulations that infringe on federal labor laws; to prohibit employers and labor organizations from waiving rights under this act; and to provide remedies. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. House Bill No. 4074, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 541 (MCL 436.1541), as amended by 2008 PA 489. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. House Bill No. 4166, entitled A bill to amend 1913 PA 88, entitled “An act empowering the board of supervisors of any of the several counties of the state of Michigan to levy a special tax, or by appropriating from the general fund for the purpose of advertising the agricultural advantages of the state or for displaying the products and industries of any county in the state at domestic or foreign expositions, for the purpose of encouraging immigration and increasing trade in the products of the state, and advertising the state and any portion thereof for tourists and resorters, and to permit the boards of supervisors out of any sum so raised, or out of the general fund, to contribute all or any portion of the same to any development board or bureau to be by said board or bureau expended for the purposes herein named,” by amending the title and section 1 (MCL 46.161). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Local Government. House Bill No. 4464, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4g (MCL 205.54g), as amended by 2013 PA 211. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. House Bill No. 4465, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4d (MCL 205.94d), as amended by 2008 PA 439. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. Statements Senator Colbeck asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. No. 45] [May 13, 2015] JOURNAL OF THE SENATE 677 enator Colbeck’s statement is as follows: S I would just like to make a few quick remarks about an upcoming decision from the Supreme Court pending on May 18. They will be ruling on the King v. Burwell case, and I just want to make sure everyone understands the implications for the residents of Michigan. In HR 3590, which is otherwise known as Obamacare, there are several sections directly related to this case. Section 1311 deals with the requirements around state-based exchanges. Section 1321 deals with the requirements around federal exchanges, and Section 1401 deals with premium assistance opportunities. It’s very clear for anyone who has read the act as I have that the premium assistance only refers to the state-based exchanges. In other words, Michigan who right now defaults to a federal exchange, if this case is ruled in favor of the plaintiff, which is King, will no longer be eligible for subsidies in our federal exchange. That was rewritten afterward by the President’s administration and is not consistent with the law. Ultimately, the Supreme Court will make the final decision, and that is what we are waiting for on Monday. If the ruling is in favor of the plaintiff, Michigan will no longer be eligible for those subsidies which invoke another section of the Affordable Care Act, Section 5000A. Under this section, individuals are exempt from the provisions of the individual mandate if the cost of the plan exceeds 8 percent of their personal household income. When you start doing the math on this, you have to have a household income of around $200,000 to be able to afford a plan under the Affordable Care Act. Additionally, these folks already have plans. In essence, this gives the citizens of Michigan and, by default, the employers in the state of Michigan a get-out-ofObamacare-free card as long as we stay out of a state-based exchange. So I am encouraging my colleagues that there will be a lot of push for a state-based exchange in the wake of this court decision. I would just like to make sure that we have a solid resolve to oppose any government-run, state-based exchange here in Michigan. Let’s give our citizens the oppor­tunity to get out of Obamacare. Make no mistake, any support for a state-based exchange in Michigan is support for Obamacare. A lot of folks understand that the bill is more about control than it ever was about care and is something that needs to be opposed for our citizens and on behalf of our citizens. If we are really interested in giving good, quality care and access to good care at an affordable price to our citizens, we need to be pursuing free-market alternatives to Obamacare, such as the patient-centered care solution that I have talked about previously. This would involve direct primary care services coupled with a high-deductible health plan for catastrophic services within a tax-exempt account. We need to be pursing free-market alternatives and avoid the temptation to pursue another government-run program in the wake of the King v. Burwell decision. Committee Reports COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Tuesday, May 12, 2015, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, May 12, 2015, at 12:30 p.m., Room 100, Farnum Building Present: Senators Zorn (C), Proos, Brandenburg, Rocca and Young Scheduled Meetings Appropriations Subcommittee K-12, School Aid, Education and House School Aid Appropriations Subcommittee - Wednesday, June 3, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Economic Development and International Investment - Thursday, May 14, 1:30 p.m., Room 210, Farnum Building (373-5312) 678 JOURNAL OF THE SENATE [May 13, 2015] [No. 45 Elections and Government Reform - Thursday, May 14, 9:00 a.m., Rooms 402 and 403, Capitol Building (373-1721) Transportation - Thursday, May 14, 8:30 a.m., Room 210, Farnum Building (373-5323) Veterans, Military Affairs and Homeland Security - Thursday, May 14, 2:00 p.m., Room 110, Farnum Building (373‑5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:47 a.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Thursday, May 14, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 46 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, May 14, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—excused Stamas—present Warren—present Young—present Zorn—present 680 JOURNAL OF THE SENATE [May 14, 2015] [No. 46 astor Melvin Jones of Union Missionary Baptist Church of Lansing offered the following invocation: P Dear Lord, we are grateful for the opportunities that You have granted us this day; to love our neighbors as we love ourselves; to use the talents and the gifts You have given us to make a difference in the human condition; to realize the plight of human suffrage; and to seek solutions that bring uplift and hope to those living at the margins. Help us realize that we sit at the seat of political power. No institution is greater than the people it serves. No authority that seeks its own benefit to the exclusion of the least among us can last. No power solely invested in itself can stand. Grant us the wisdom to seek justice, equity, and fairness through the legislative process and to always remember that we are our brother’s keeper. Help us to not only do what is expedient, but what is good, what is honorable, and what is pleasing in Your sight. Bless the work of our hands so that when this day is done, we can look back and say that we have done the best we can for the people of the great state of Michigan. In the name of our Lord, Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Hood moved that Senator Smith be excused from today’s session. S The motion prevailed. Senators Gregory, Zorn and Ananich asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Gregory’s statement is as follows: Colleagues, I rise today with deep sadness to recognize a devastating loss and offer the most sincere and deepest con­ dolences to our friend and former State Senator Gilda Jacobs and her family as they grieve the death of their daughter Rachel Jacobs, who was on board the train that derailed Tuesday evening in Philadelphia. Friends and family remember Rachel as a wonderful mother, daughter, sister, friend, and wife. She was devoted to her family, her community, and the pursuit of social justice. Rachel was loved and cherished by her entire family, her husband Todd, her two-year-old son Jacob, and many friends and co-workers. As we all go about our busy days and weeks ahead, I ask that you keep her family in your thoughts and prayers as they go through this devastating loss. A moment of silence was observed in memory of Rachel Jacobs, daughter of former Senator Gilda Jacobs. enator Zorn’s statement is as follows: S I rise today in recognition of the Bedford Express Robotics Team - Bedford High School from Monroe County. They have accomplished a lot in their 13 years of existence, but in just the past few weeks, they were named the championship subdivision winner of the East Division of the World Championships. They also received the state championship to get there. This afternoon, they will be demonstrating their robot, and I invite all of you to stop by and see it. For now, it is a joy and I would ask you to help me welcome this talented young group that will be the next generation of engineers and inventors. They are in the west Gallery. enator Ananich’s statement is as follows: S I also rise on a sad note. I very shortly and with great pleasure worked with Rachel in 1991 in Congresswoman River’s office. She was always a pleasure to be around. She was very intelligent and joyful, and as my colleague said, she had a two-year-old son. I would ask that we all keep our thoughts and prayers with her family. This is a tremendous loss at such a young age. I am going to break the rule here for a minute. Senator Hood mentions quite regularly that we should make sure when we leave this building every night to hug our loved ones and not go to bed mad. We need to leave realizing that we have a lot of difficult decisions to make and be passionate about them, but not personal. We care about each other, and when our loved ones are gone, they are in a better place, but we can’t see them again. Please pray for the family. Senator Kowall moved that the Committee on Appropriations be discharged from further consideration of the following bill: House Bill No. 4115, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 8b, 11, 11a, 11j, 11k, 11m, 15, 18, 18a, 20, 20d, 20f, 21f, 22a, 22b, 22c, 22d, 22g, 23a, 24, 24a, 24c, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 43, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 95a, 98, 99, 99b, 99h, 101, 104, 104b, 104c, No. 46] [May 14, 2015] JOURNAL OF THE SENATE 681 107, 147, 147a, 147c, 152a, 163, 201, 201a, 206, 207a, 207b, 207c, 209, 210, 210b, 213, 217, 222, 225, 226, 229, 229a, 230, 236, 236a, 236b, 236c, 241, 244, 246, 252, 256, 258, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, 284, and 286 (MCL 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1618a, 388.1620, 388.1620d, 388.1620f, 388.1621f, 388.1622a, 388.1622b, 388.1622c, 388.1622d, 388.1622g, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625f, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1639, 388.1639a, 388.1643, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699, 388.1699b, 388.1699h, 388.1701, 388.1704, 388.1704b, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1763, 388.1801, 388.1801a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810, 388.1810b, 388.1813, 388.1817, 388.1822, 388.1825, 388.1826, 388.1829, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1841, 388.1844, 388.1846, 388.1852, 388.1856, 388.1858, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, and 388.1886), sections 6, 8b, 11a, 11j, 11k, 15, 20, 20d, 20f, 21f, 22c, 22d, 22g, 24, 24a, 24c, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 98, 99, 99h, 101, 104, 104b, 107, 147, 147a, 152a, 163, 201a, 206, 209, 210b, 217, 225, 229, 229a, 230, 236a, 236b, 236c, 241, 246, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 43, 95a, 99b, 104c, 207a, 207b, and 207c as added by 2014 PA 196, sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 201, and 236 as amended by 2015 PA 5, section 18a as amended by 2004 PA 351, section 23a as added by 2012 PA 465, sections 210, 244, and 258 as amended by 2013 PA 60, and sections 213, 222, 226, and 286 as amended by 2012 PA 201, and by adding sections 55, 65, 67, 99q, 99r, 99s, 210c, 215, 260, and 274c; and to repeal acts and parts of acts. The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders. Senator Kowall moved that the rules be suspended and that the following bill, now on the order of General Orders, be placed on the General Orders calendar for consideration today: House Bill No. 4115 The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today: Senate Bill No. 1 Senate Bill No. 2 Senate Bill No. 3 The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved that the rules be suspended and that the following resolution, now on Committee Reports, be placed on the Resolutions calendar for consideration today: Senate Resolution No. 51 The motion prevailed, a majority of the members serving voting therefor. The Secretary announced that the following bills were printed and filed on Wednesday, May 13, and are available at the Michigan Legislature website: Senate Bill Nos. 319 321 322 323 324 325 326 327 328 329 House Bill Nos. 4570 4571 4572 4573 4574 4575 4576 4577 4578 4579 4580 4581 4582 4583 4584 4585 4586 4587 Messages from the Governor The following message from the Governor was received: Date: May 12, 2015 Time: 10:14 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 85 (Public Act No. 29), being An act to amend 1990 PA 319, entitled “An act to prohibit local units of government from imposing certain restrictions on the ownership, registration, purchase, sale, transfer, transportation, or possession of pistols or other firearms, ammunition 682 JOURNAL OF THE SENATE [May 14, 2015] [No. 46 for pistols or other firearms, or components of pistols or other firearms,” by amending the title and sections 1, 2, 3, and 4 (MCL 123.1101, 123.1102, 123.1103, and 123.1104). (Filed with the Secretary of State on May 12, 2015, at 5:19 p.m.) Respectfully, Rick Snyder Governor Messages from the House Senate Bill No. 139, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1272b (MCL 380.1272b). The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pursuant to rule 3.202, the bill was laid over one day. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Young and Hildenbrand admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:14 a.m. 10:28 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator Hildenbrand introduced the Lowell High School Red Arrows Wrestling Team, MHSAA Division 2 State Champions, and Coach R.J. Boudro; and presented them with a Special Tribute. Coach Boudro responded briefly. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Hildenbrand as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill: Senate Bill No. 1, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 503, 523, 553, and 1311e (MCL 380.503, 380.523, 380.553, and 380.1311e), sections 503, 523, and 553 as amended by 2011 PA 277 and section 1311e as amended by 2009 PA 205. The bill was placed on the order of Third Reading of Bills. No. 46] [May 14, 2015] JOURNAL OF THE SENATE 683 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 2, entitled A bill to amend 1974 PA 338, entitled “Economic development corporations act,” by amending section 8 (MCL 125.1608), as amended by 2002 PA 357. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 3, entitled A bill to repeal 1965 PA 166, entitled “An act to require prevailing wages and fringe benefits on state projects; to establish the requirements and responsibilities of contracting agents and bidders; and to prescribe penalties,” (MCL 408.551 to 408.558). Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: Senate Bill No. 1 Senate Bill No. 2 Senate Bill No. 3 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: Senate Bill No. 1, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 503, 523, 553, and 1311e (MCL 380.503, 380.523, 380.553, and 380.1311e), sections 503, 523, and 553 as amended by 2011 PA 277 and section 1311e as amended by 2009 PA 205. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 170 Yeas—22 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Colbeck Hune O’Brien Schuitmaker Emmons Jones Pavlov Shirkey Green Knollenberg Proos Stamas Hansen MacGregor Nays—15 Ananich Hertel Knezek Warren Bieda Hood Kowall Young Casperson Hopgood Nofs Zorn Gregory Johnson Rocca 684 JOURNAL OF THE SENATE [May 14, 2015] [No. 46 Excused—1 Smith Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. Protests Senators Young, Warren, Hopgood, Gregory and Hood, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 1. Senators Young and Warren moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.” The motion prevailed. Senator Young’s statement is as follows: I rise to strongly oppose the legislation that will repeal Michigan’s longstanding and successful prevailing wage law. What are we really doing here today? What does repealing Michigan’s prevailing wage really do, and who does it really serve? Now let’s be clear—this is not about fixing roads. These bills repealing prevailing wage were the first three bills intro­duced in the 2015 Senate session, five months before Proposal 1’s outcome was even known. I told you we should have fixed it here in Lansing last session. I don’t want to say I told you so, but I did tell you. I just wanted to make that clear. This is not a solution to our roads problem. Fixing our roads is being used as a shill for passing the anti-business, anti-worker bill. This is not about saving taxpayers money. In fact, it’s far from it. There is no concrete proof that cutting corners and underpaying workers on state construction projects will save the state money. But there is legitimate concern that our state taxpayer dollars will be going to non-Michigan businesses and workers or that unchecked contractors will pay more workers under the table, hurting our state’s tax base. This is not about jobs either. The one study by proponents of lowering wages has been refuted time and time again. At some point in time, we must let our facts, not politics, guide our decisions up here. The issues are too important, and the people need support too much to allow us to be ruled by petty partisan politics. Now is the time to come together, united in the cause of uplifting this state and put our men and women back to work, not take money out of the mouths of hardworking Americans and hardworking Michiganders. They deserve better, and we are better as an institution than this proposal that’s before us today. We all know the projected jobs tied to prevailing wage have no likelihood of coming to fruition. Michigan’s prevailing wage law was repealed in the ’90s. It didn’t create jobs then, and it won’t create jobs now. I urge all my colleagues to stand with me and be opposed to repealing the prevailing wage. We’ve already busted the unions with right-to-work, and now we are taking hard-earned dollars from our men and women who use their hands and build masterpieces of construction and architecture every day. We are taking money from them, out of their pockets. And for what? For a better economy? No. For more jobs? No. For a steady wage? No. For a better quality of life? No. For partisan politics. It’s wrong; it’s disgusting; it’s despicable. We need to stop putting forth policy that represents our base ulterior motives, and we need to start going for excellence. This is not it. William James said it best. He said, “The greatest discovery of my generation is the fact that we can change our lives by altering our attitudes.” Our attitudes toward the working men and women of this state must change. Instead of preying upon them, we must uplift them and encourage them. We should promote more wages and a better quality of living, not kick the chair, not kick the foundation out from under the many workers so that the few wealthy people can benefit. enator Warren’s statement, in which Senators Hopgood, Gregory and Hood concurred, is as follows: S I am going to say something I don’t come to this microphone and say very often, but I could not agree more with my colleague from the 38th District. The issue of prevailing wage has been around in this country for over 100 years. Kansas passed their prevailing wage law in 1891. The federal government didn’t follow with the Davis-Bacon Act, which is the federal prevailing wage act, until forty years later in 1931. This is a policy that has stood the test of time and has meant the difference in worker quality in projects coming in on budget and being safe for folks. I completely agree with the Senator from the 38th District that this kind of repeal of a No. 46] [May 14, 2015] JOURNAL OF THE SENATE 685 program that has lasted so long in this state and many other states deserves better consideration than we gave it yesterday. Folks were asked to limit their testimony, and lots of folks were in the room who did not get a chance to testify. I do give a lot of credit to the chair of the committee that heard the bills for making sure that both sides of the argument were heard in the Michigan Competitiveness Committee, and I do appreciate that. There were many more voices that were not heard. There were many follow-up questions that were not able to be asked. The biggest concern that I have is the entire conversation, in my estimation, is built on a false premise. It is built on a false premise that somehow we are going to save hundreds of millions of dollars of taxpayer money by doing away with this policy. In fact, there is no modern academically-rigorous peer-reviewed study that shows that that is true—not one. The one study that gets quoted often—there are three that are built from that one—but the one that gets studied most often and used by folks who are proponents of this repeal has been so soundly refuted. And, yet, we keep throwing it about, like there is somehow magical hundreds of millions of dollars that will be saved if we repeal prevailing wage. All of the current studies that are held up as academically-rigorous, that were done in academic institutions, not paid for by either side of this debate with someone with some goal and outcome to be focused on, say that passing repeal of prevailing wage laws show no savings to the taxpayers overall, because they don’t drive up the cost of the contracts. Prevailing wage laws do not drive up the cost of construction contracts. The states that have made the decision to repeal their prevailing wage laws—and there have been nine—and researches have spent some time in those states to find out what the outcomes were, consistently show some really important things that I think we cannot undervalue as we look at a policy like this. Those nine states show increased worker injury and increased worker death. The quality of workmanship goes down when you repeal prevailing wage laws. They show more costs overruns, more change orders, and more problems in the construction. They show a decrease in worker training and apprenticeship programs. One of the things that is a benefit in prevailing wage states is that we have some of the besttrained trades men and women in the country who work in these states, an apprenticeship program funded solely through the support of those industries, their workers, not asking for taxpayer money; an apprenticeship program that they fund themselves. So making this decision today, if this is the decision of this body to repeal our prevailing wage law, I can guarantee you, a few years down the road, somebody will be doing a case study on Michigan, and they will write the story that we have higher costs, more worker injuries, more worker deaths, and less quality construction if we make this decision, because that is what every other state has borne out. So I encourage my colleagues to vote “no” on this bill before us and, in fact, the entire package. Prevailing wage works. It is what gives us quality construction. It is what gives us quality wages for a quality day’s work by the trades people who built this state, literally, and can continue to do so every day. Senators Proos and Meekhof asked and were granted unanimous consent to make statements and moved that the state­ ments be printed in the Journal. The motion prevailed. Senator Proos’ statement is as follows: I rise in support of Senate Bill Nos. 1, 2, and 3 and provide a real-world example that any one of us can look to by virtue of taking a look at our capital outlay process. In preparation for this particular vote, I asked the folks in my district to give me an example of where the prevailing wage has increased costs over time. In this case, Southwestern Michigan College reconstructing the Doherty and O’Leary Buildings on their campus, an $8 million capital outlay process. Those dollars are used for buildings that were built in the late 1960s and early 1970s and are in the reconstruction process as we speak. It cost approximately 40 percent more of taxpayer dollars in capital outlay in additional costs. That isn’t an academic study; it’s just a real-world example. SMC is in a unique position also because they have identified that residence halls would be good to have on their campus. They didn’t just go to the state of Michigan to seek those dollars. They went out and raised the money themselves and built the residence halls themselves at a cost of $31 million. They filled three halls on their campus. Why does that matter? It matters because they can look very directly at the amount of money they have saved the taxpayers by virtue of having a competitive bidding process that didn’t have an artificial floor for cost. Frankly, that saved us as taxpayers about $3.1 million. So this is a real-world example. They are in the process of doing a capital outlay project with a 40 percent upcharge of those state dollars, and at the same time, they have completed the construction of $31 million in residence halls. That makes sense and it makes sense as to why I stand in support of these bills. I look forward to the support of my colleagues. enator Meekhof’s statement is as follows: S Today, I rise in support of legislation to repeal Michigan’s prevailing wage law. At the very beginning of this year, I spon­sored and introduced Senate Bill No. 1 as part of a three-bill package to repeal prevailing wage. This repeal of prevailing wages has been one of my top legislative priorities since I was first elected to the Legislature and is based on my experience as a township official and State Representative. 686 JOURNAL OF THE SENATE [May 14, 2015] [No. 46 Prevailing wage laws artificially raise the cost of construction for projects which are paid for with taxpayer dollars. Labor costs typically account for 25 percent of overall construction costs. Prevailing wage based solely on examining union wages results in an inflation between 40 to 60 percent in labor costs. As a result, the overall construction price of the government-funded or taxpayer-funded project is inflated between 10 and 15 percent. Supporters of prevailing wage laws often cite superior craftsmanship and safer conditions as a reason for preserving this outdated requirement. I would simply say all construction is subject to the same inspections, same codes, and same safety standards, regardless of whether the job is subject to prevailing wage laws or not. Over 80 percent of construction workers do not belong to a union, and I hazard to say the buildings those men and women construct are as sound as those constructed by their counterparts. We have made great strides in the state of Michigan over the past few years. Michigan’s unemployment rate has dropped to 5.9 percent—the lowest in 14 years. We have gained more private sector jobs than any other Midwestern state since 2010, and job providers in Michigan have created nearly 400,000 private sector jobs. We need to continue to pass commonsense policies that support our taxpayers and help stimulate our economy. With passage of this legislation, Michigan will join 18 other states that do not have a prevailing wage law. In fact, according to the U.S. Department of Labor, more than 11,000 jobs were added to Michigan’s payroll as a direct result of the suspension of the prevailing wage law from December 1994 to June 1997. When we talk about the impact of prevailing wage laws, we are really talking about state contracts and projects. More specifically, we are talking about our schools. In 2013, the Anderson Economic Group concluded that repealing prevailing wage would have saved Michigan’s universities, community colleges, and school districts more than $200 million per year. Repealing prevailing wage will result in millions of tax dollars saved. Taxpayers will pay less for their schools. A less expensive price tag for construction means our communities are financing less, will be financing less, saving taxpayers money over the life of the entire asset. As I said before, my main reason for sponsoring this legislation and championing the repeal of prevailing wage laws in Michigan is that I just don’t think it’s right that taxpayers should pay more than private industry for their construction. Today, we have an opportunity to save those taxpayer dollars, and it is an opportunity worth taking. The following bill was read a third time: Senate Bill No. 2, entitled A bill to amend 1974 PA 338, entitled “Economic development corporations act,” by amending section 8 (MCL 125.1608), as amended by 2002 PA 357. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 171 Yeas—22 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Colbeck Hune O’Brien Schuitmaker Emmons Jones Pavlov Shirkey Green Knollenberg Proos Stamas Hansen MacGregor Nays—15 Ananich Hertel Knezek Warren Bieda Hood Kowall Young Casperson Hopgood Nofs Zorn Gregory Johnson Rocca Excused—1 Smith No. 46] [May 14, 2015] JOURNAL OF THE SENATE 687 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 3, entitled A bill to repeal 1965 PA 166, entitled “An act to require prevailing wages and fringe benefits on state projects; to establish the requirements and responsibilities of contracting agents and bidders; and to prescribe penalties,” (MCL 408.551 to 408.558); and to provide an appropriation for purposes incidental thereto. The question being on the passage of the bill, Senator Warren offered the following amendments: 1. Amend page 1, line 1, after “1.” by striking out “(1)”. 2. Amend page 1, line 3, by striking out all of subsection (2). The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 172 Yeas—18 Ananich Hansen Johnson Rocca Bieda Hertel Knezek Schuitmaker Casperson Hood Nofs Warren Green Hopgood O’Brien Young Gregory Horn Nays—19 Booher Hune Marleau Schmidt Brandenburg Jones Meekhof Shirkey Colbeck Knollenberg Pavlov Stamas Emmons Kowall Proos Zorn Hildenbrand MacGregor Robertson Excused—1 Smith Not Voting—0 In The Chair: President he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: 688 Roll Call No. 173 JOURNAL OF THE SENATE [May 14, 2015] Yeas—22 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Colbeck Hune O’Brien Schuitmaker Emmons Jones Pavlov Shirkey Green Knollenberg Proos Stamas Hansen MacGregor Nays—15 Ananich Hertel Knezek Warren Bieda Hood Kowall Young Casperson Hopgood Nofs Zorn Gregory Johnson Rocca Excused—1 Smith Not Voting—0 In The Chair: President enator Hood moved to reconsider the vote by which the bill was passed. S The motion did not prevail, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The motion did not prevail, a majority of the members serving not voting therefor, as follows: Roll Call No. 174 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Rocca Nays—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor [No. 46 No. 46] [May 14, 2015] JOURNAL OF THE SENATE 689 Excused—1 Smith Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. Protests Senators Hertel, Bieda, Johnson, Knezek and Ananich, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 3. Senators Hertel, Bieda, Knezek and Ananich moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.” The motion prevailed. Senator Hertel’s statement is as follows: You know, we are all fortunate to be sitting in this room. We sit here in our cushy chairs and our nice desks which someone else built for us. We have our nice suits on—some nicer than others—and pretend that we understand the struggles of working families. I care about those struggles, and I know some of you do as well. That is why I stand in opposition to this legislation. Our workers are still struggling in Michigan. Sure, the economy has gotten better for those at the top, but not in the middle class. Middle-class wages are down. Middle-class families are still struggling. They are fighting for decent health care. They are struggling to stay afloat. There are high times on Wall Street but hard times on Main Street. We have been systematically dismantling the ability of working families to reach the American Dream. We should be focusing on how our state should be funding our crumbling infrastructure; instead, you are choosing once again to wage a war on our workers. I can promise everyone in this room this: If we are going to start a roads discussion on the backs of working men and women, don’t come to our side for votes, because it is dead on arrival with us. I know there are only 11 of us over here, but we are going to stand strong for working men and women. These are the workers who are building our schools. Why wouldn’t we want the best, most-skilled workers on the job? If we are worried about construction costs, why don’t we limit the profits of the CEOs of the corporations who are taking our taxpayer dollars and stuffing them in their pockets? Why are we only worried about the wages of the workers? Why don’t we put some protections in there, limit their profits? Because we are not worried about the profits of the CEOs. We are only worried about the workers’ profits. Instead, we attack men and women doing their jobs for us. You know, yesterday I was sitting in my office looking out at the Capitol, watching the workers strap themselves into scaffolding to make our Capitol dome look better—the ones who are out there right now fixing up this place for us. And we’re going to attack their wages while they’re rebuilding our Capitol? This Capitol is not yours. It does not belong to us; it belongs to the people. It’s their business we should be doing here. We should be fighting for them, not attacking their wages. I would challenge any of you supporting this measure to tell these workers; go outside and talk to the guys in the hardhats who are rebuilding this building for us. Go talk to them and ask them what they think about this bill. Tell them you are taking food off their families’ plates. I ask you to reconsider your support of this legislation. Don’t start the attack on workers today. Let’s work together to actually rebuild Michigan. enator Bieda’s statement, in which Senator Johnson concurred, is as follows: S It is extremely disappointing that with all of the problems facing this state, one of the Legislature’s first order of business is to go after our workers by lowering their wages. It is more than that, but I know that a lot of people are framing it in terms of economics for these workers. I know that a lot of people are framing it as an attack on labor, which it is, but there is more to it than that. Let’s take a look at this act and why it was signed into law. It was signed into law in 1965 by then-Governor George Romney, relation to a gentleman who was on the ballot on the national level a couple of years ago. He was not a liberal; 690 JOURNAL OF THE SENATE [May 14, 2015] [No. 46 he was a conservative pro-business Republican. If you look at the legislative history of this piece, you would see that a lot of contractors and Michigan businesses came in support of this. Why? Because they wanted stability in the labor market. They understood that if you pay decent wages and pay prevailing wages in certain areas, you will attract talent and keep jobs in the state. The skilled trades we so desperately need would be expanded. This is more than an attack on labor. It is also an attack on businesses, specifically Michigan businesses. At the time, if you look at the testimony again, it was these out-of-state companies coming in. I don’t think that is anything that we should be promoting. I know that a lot of folks use arithmetic and say we will get a lower bid on a project because of this. Those bids are just that—bids. You will have other costs that come into a contract. When it takes longer to do a job because you have less-skilled workers, or you have accidents or have to rebuild something because you had less-skilled people, you have cost overruns. So, again, prevailing wage was a business model for going into the future. Lastly, I am extremely disappointed with this legislative body. I have seen time and time again how major issues are jammed through the legislative process with no hearing and no one given an opportunity to speak on an issue. Then we come in only 24 hours after this bill was reported from committee, and it moves from General Orders to Third Reading all in one happy afternoon. That is just wrong. It is disrespecting people in the state of Michigan and the process, and it is something we should be ashamed of. Another issue I have is the $75,000 appropriation in the bill. The only reason for that is to keep it off the ballot. I know that I have seen this trick used before. It is not an honest thing to do, and we should look at changing the Constitution so if there is an appropriation, the voters always have an opportunity to speak. There should always be an opportunity to challenge the Legislature. They should always be able to second-guess what we do here. These are the reasons that this bill and the whole package is bad, and I urge you to reconsider it. enator Knezek’s statement is as follows: S Today, I rise in opposition of Senate Bill Nos. 1, 2, and 3 which seek to repeal Michigan’s prevailing wage law. My colleagues across the aisle say time and time again that they are pro-business. They say time and time again that they are pro-job creation. So you can understand my frustration today, Mr. President, because these bills do nothing to support our businesses, and they do nothing to support our workers. Instead, these bills undercut both. By requiring a fair wage for workers on state projects, we are helping Michigan families earn a living wage. We are ensuring their safety, and we are providing adequate training and experience on the job site. Prevailing wage not only helps Michigan construction workers, but contractors and businesses too so that they have a level playing field. Again, something we hear time and time again from our Republican colleagues. But the facts remain, Mr. President, that repealing the prevailing wage will hurt our economy. It will hurt our businesses, and it will hurt our workers. It will encourage out-of-state companies to come in, underbid, steal business from Michigan contractors, and steal jobs from Michigan workers. I don’t know how anybody can sleep at night. I don’t know how anybody can lay their head down knowing that they are putting into place a policy which takes jobs away from Michigan families and sends them across our borders. There is a reason that union and nonunion contractors alike support prevailing wage and the standards which it estab­ lishes for all state construction bids. It has worked for decades. The period of growth that my colleagues like to speak to, over the past few years, it has worked during that period of growth as well. This bill endangers worker safety, it endangers training, it lowers wages, and it cuts Michigan jobs. Why does that sound like something that we would be so eager to enact? As elected officials, we should be looking to help our state’s workers. We should be looking to help them earn an honest living. Like my colleagues on both sides of the aisle today, I’m going to continue to oppose any efforts to cut their pay or to hurt Michigan businesses. Regardless of the political spin that we have heard here today, repealing prevailing wage is bad for business, it’s bad for workers, and it’s bad for Michigan. So I urge my colleagues to stand up for the people whom you serve, to stand up for Michigan businesses, to stand up for Michigan workers, and to oppose the repeal of prevailing wage. enator Ananich’s statement is as follows: S I rise today to say that lowering wages from Michigan’s hardworking men and women is simply wrong. Having the lowest-skilled, lowest-paid workers building our schools and bridges; our schools and bridges are not safe, and it’s simply wrong. Yet that’s exactly what will happen if this legislation becomes law. We should be focused on helping those hard­ working, highly-skilled local workers who, by the way, are taxpayers in your district in our state; those who stayed here in Michigan and stuck it out during the toughest economic times. We should be making sure they get the chance to build out future too. We’re going to be here. We’re going to be in all summer, and I hope that once the Governor vetoes this bill, this body can finally get around to actually working on efforts that will help middle-class workers and the families and local communities who depend on them. No. 46] [May 14, 2015] JOURNAL OF THE SENATE 691 Senators Meekhof and Young asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Meekhof’s statement is as follows: As many companies have workers on job sites, they also have to post the information about what is going on on the job site and legal requirements. This appropriation is specifically for informing people what the new law is, what their abilities are, and what their rights are under it. I reject the notion that it is for anything other. enator Young’s statement is as follows: S Mr. President, for the sake of a democratic republic; for the sake of being a government of the people, for the people, and by the people, we must pass this amendment. I mean, the people already don’t trust us. This just lets us know not only that we can’t be trusted, but we’re yellow-bellied, we’re jelly-spined, we’re lily-livered, we’re weak-noodled, and we’ve got a limp-wristed handshake to go along with it. Why should they trust anything that we say at all when we don’t even have the courage to face the people who put us in here. Listen, I respect the good leader, but this stuff about we’re here because this is informational—whatever it was he just said. Look, the fact of the matter is this is about not wanting to face the voters. Just because you say things doesn’t mean they’re true. There are people who say that Ted Stevens cytogenetically froze himself. There are people who said that Mr. Rogers is a Navy SEAL. There are people who believe that Tupac and Biggie are still alive and part of the Illuminati. Just because you say it doesn’t mean it is factual. So I respect him. I understand he thinks this is the best thing to do, but, I mean, this is ridiculous. This is about cowards. So let’s stand up, take a position, and actually restore faith and confidence in this body. Hell, let’s just do something that is popular again by voting up this amendment. enator Kowall moved that rule 3.902 be suspended to allow his guests admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 11:33 a.m. 11:55 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senators Young and Johnson introduced the University of Detroit Jesuit High School and Academy Boys Basketball Team, MHSAA Catholic League Class A and B State Champions, and Coach Pat Donnelly; and presented them with a Special Tribute. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following concurrent resolution be postponed for today: S House Concurrent Resolution No. 3 The motion prevailed. enate Resolution No. 51. S A resolution to recognize Iosco County as a premier birding destination in the state of Michigan. The question being on the adoption of the resolution, The resolution was adopted. Senators Gregory, Hansen, Robertson and Schmidt were named co‑sponsors of the resolution. enator Kowall offered the following resolution: S Senate Resolution No. 55. A resolution to commemorate May 14, 2015, as Chaldean American Day. Whereas, 130,000 Chaldeans, the largest population outside of Iraq, reside in the state of Michigan; and 692 JOURNAL OF THE SENATE [May 14, 2015] [No. 46 Whereas, Since migrating to America during the 1920s, Chaldeans have continued to use their strong work ethic to contribute to the growth of Michigan through the establishment of more than 15,000 Chaldean-owned businesses across the state; and Whereas, The Chaldean population has consistently proven their entrepreneurial spirit with nearly 60 percent of the community owning at least one business and 80 percent of all food stores in the Detroit area alone; and Whereas, The population of Chaldean Americans continues to grow in the state of Michigan, since the Iraqi Chaldean refugees began migrating in search of better economic, political, and religious opportunities; and Whereas, The Chaldean American community works to help the refugees adjust and become contributing citizens to the Great Lakes State through business, philosophy, language, and cuisine; and Whereas, The Chaldean Community Foundation provides social services to more than 8,000 people annually at its Sterling Heights and Southfield offices, by advancing the needs of the Chaldean American community and the communities in which they live and work through education, charitable giving, and advocacy; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate May 14, 2015, as Chaldean American Day in the state of Michigan. We acknowledge the contributions of this innovative and entrepreneurial community as an important part of Michigan’s diverse history; and be it further Resolved, That a copy of this resolution be transmitted to the Chaldean American Chamber of Commerce as evidence of our highest esteem. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Emmons, Gregory, Hansen, Hildenbrand, Hood, Horn, Jones, Knollenberg, MacGregor, Marleau, O’Brien, Pavlov, Proos, Stamas and Zorn were named co‑sponsors of the resolution. Senator Kowall asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Kowall’s statement is as follows: Senate Resolution No. 55 does, indeed, bring this date as Chaldean American Day. We have currently 130,000 Chaldeans, the largest population outside of Iraq, residing in the state of Michigan. Since migrating to America during the 1920s, Chaldeans have continued to use their strong work ethic to contribute to the growth of Michigan through the establishment of more than 15,000 Chaldean-owned businesses across the state. The Chaldean population has consistently proven their entrepreneurial spirit with nearly 60 percent of the community owning at least one business and 80 percent of all food stores in the Detroit area alone. The population of Chaldeans continues to grow here in the state of Michigan, since the Iraqi Chaldean refugees began migrating in search of better economic, political, and religious opportunities. The Chaldean American community works to help the refugees adjust and become contributing citizens to the Great Lakes State through businesses, philosophy, language, and cuisine, which some of our colleagues are currently enjoying in the Speaker’s Library. The Chaldean Community Foundation provides social services to more than 8,000 people annually at its Sterling Heights and Southfield offices, by advancing the needs of the Chaldean American through the community and the communities in which they live and work through education, charitable giving, and advocacy. I would like the chamber to recognize Martin Manna and the Chaldean American community. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Proos as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill: House Bill No. 4017, entitled A bill to amend 2000 PA 92, entitled “Food law,” (MCL 289.1101 to 289.8111) by amending the title and by adding section 5104. The bill was placed on the order of Third Reading of Bills. No. 46] [May 14, 2015] JOURNAL OF THE SENATE 693 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4089, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2015 PA 5 and section 17b as amended by 2007 PA 137. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4091, entitled A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4093, entitled A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4097, entitled A bill to make appropriations for the department of education for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4103, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 236a (MCL 388.1836 and 388.1836a), section 236 as amended by 2015 PA 5 and section 236a as amended by 2014 PA 196. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4105, entitled A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4106, entitled A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. 694 JOURNAL OF THE SENATE [May 14, 2015] [No. 46 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4113, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 201a (MCL 388.1801 and 388.1801a), section 201 as amended by 2015 PA 5 and section 201a as amended by 2014 PA 196. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 144, entitled A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 1109, 2129, and 3115 (MCL 289.1109, 289.2129, and 289.3115), sections 1109 and 2129 as amended by 2012 PA 178. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4115, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 8b, 11, 11a, 11j, 11k, 11m, 15, 18, 18a, 20, 20d, 20f, 21f, 22a, 22b, 22c, 22d, 22g, 23a, 24, 24a, 24c, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 43, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 95a, 98, 99, 99b, 99h, 101, 104, 104b, 104c, 107, 147, 147a, 147c, 152a, 163, 201, 201a, 206, 207a, 207b, 207c, 209, 210, 210b, 213, 217, 222, 225, 226, 229, 229a, 230, 236, 236a, 236b, 236c, 241, 244, 246, 252, 256, 258, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, 284, and 286 (MCL 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1618a, 388.1620, 388.1620d, 388.1620f, 388.1621f, 388.1622a, 388.1622b, 388.1622c, 388.1622d, 388.1622g, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625f, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1639, 388.1639a, 388.1643, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699, 388.1699b, 388.1699h, 388.1701, 388.1704, 388.1704b, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1763, 388.1801, 388.1801a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810, 388.1810b, 388.1813, 388.1817, 388.1822, 388.1825, 388.1826, 388.1829, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1841, 388.1844, 388.1846, 388.1852, 388.1856, 388.1858, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, and 388.1886), sections 6, 8b, 11a, 11j, 11k, 15, 20, 20d, 20f, 21f, 22c, 22d, 22g, 24, 24a, 24c, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 98, 99, 99h, 101, 104, 104b, 107, 147, 147a, 152a, 163, 201a, 206, 209, 210b, 217, 225, 229, 229a, 230, 236a, 236b, 236c, 241, 246, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 43, 95a, 99b, 104c, 207a, 207b, and 207c as added by 2014 PA 196, sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 201, and 236 as amended by 2015 PA 5, section 18a as amended by 2004 PA 351, section 23a as added by 2012 PA 465, sections 210, 244, and 258 as amended by 2013 PA 60, and sections 213, 222, 226, and 286 as amended by 2012 PA 201, and by adding sections 55, 65, 67, 99q, 99r, 99s, 210c, 215, 260, and 274c; and to repeal acts and parts of acts. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage: House Bill No. 4089 House Bill No. 4091 House Bill No. 4093 House Bill No. 4097 House Bill No. 4103 No. 46] [May 14, 2015] JOURNAL OF THE SENATE 695 House Bill No. 4105 House Bill No. 4106 House Bill No. 4113 House Bill No. 4115 The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 251 Senate Bill No. 270 Senate Bill No. 281 Senate Bill No. 165 Senate Bill No. 166 Senate Bill No. 152 Senate Bill No. 154 Senate Bill No. 304 House Bill No. 4089 House Bill No. 4091 House Bill No. 4093 House Bill No. 4097 House Bill No. 4103 House Bill No. 4105 House Bill No. 4106 House Bill No. 4113 House Bill No. 4115 The motion prevailed. The following bill was read a third time: Senate Bill No. 251, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 11 of chapter XIIA (MCL 712A.11), as amended by 1996 PA 409, and by adding section 2f to chapter XIIA. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 175 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Smith 696 JOURNAL OF THE SENATE [May 14, 2015] [No. 46 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 270, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” (MCL 700.1101 to 700.8206) by adding sections 5301b and 5402a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 176 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Smith Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 281, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8322 (MCL 600.8322), as amended by 2005 PA 326. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 177 Ananich Bieda Yeas—37 Hertel Knollenberg Robertson Hildenbrand Kowall Rocca No. 46] [May 14, 2015] JOURNAL OF THE SENATE 697 Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Smith Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 165, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 624a, 657, 660, 662, 901, and 907 (MCL 257.624a, 257.657, 257.660, 257.662, 257.901, and 257.907), section 624a as amended by 2012 PA 306, sections 657 and 662 as amended by 2002 PA 494, section 660 as amended by 2006 PA 339, and section 907 as amended by 2014 PA 303, and by adding sections 518a and 625p. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 178 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Smith 698 JOURNAL OF THE SENATE [May 14, 2015] [No. 46 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 166, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 33 (MCL 257.33), as amended by 2013 PA 36, and by adding section 7b. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 179 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Smith Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 152, entitled A bill to amend 2004 PA 403, entitled “Michigan unarmed combat regulatory act,” by amending the title and sections 10, 11, 12, 20, 21, 22, 30, 31, 33, 34, 35, 40, 41, 42, 44, 45, 47, 48, 55, 57, and 58 (MCL 338.3610, 338.3611, 338.3612, 338.3620, 338.3621, 338.3622, 338.3630, 338.3631, 338.3633, 338.3634, 338.3635, 338.3640, 338.3641, 338.3642, 338.3644, 338.3645, 338.3647, 338.3648, 338.3655, 338.3657, and 338.3658), sections 10, 11, 12, 21, 31, 34, 35, 47, 48, 55, 57, and 58 as amended by 2007 PA 196, sections 20 and 33 as amended by 2012 PA 546, and section 22 as amended by 2010 PA 100, and by adding sections 33a, 33b, 33c, 33d, 49, 49a, and 54a; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 46] [May 14, 2015] JOURNAL OF THE SENATE Roll Call No. 180 699 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Smith Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. Senator Robertson asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Robertson’s statement is as follows: I want to take a moment to ask for your support of this legislation. Senate Bill No. 152 and its companion Senate Bill No. 154 provide for the regulation of amateur mixed martial arts for the first time in Michigan. I want to thank Chair­ man Rocca and the Regulatory Reform Committee for their unanimous support for this legislation. I also want to take a moment to thank my chief of staff Erica Farley for the work that she has done over the past four years in bringing this legislation to this particular point. The legislation makes numerous changes to ensure fighter safety and clearly delineates responsibilities and obligations of promoters. It provides for the department’s adoption of rules recommended by the Association of Boxing Commissioners; provides for contestant licensure and renewals; provides for drug testing, including hepatitis B and C and HIV testing; and requires pregnancy testing for women contestants. In all respects, I think this is good legislation, and I appreciate my colleagues’ support. The following bill was read a third time: Senate Bill No. 154, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2010 PA 317. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 700 JOURNAL OF THE SENATE [May 14, 2015] Roll Call No. 181 [No. 46 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Smith Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 304, entitled A bill to amend 2008 PA 429, entitled “Scrap metal regulatory act,” by amending section 6 (MCL 445.426), as added by 2014 PA 99. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 182 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 No. 46] [May 14, 2015] JOURNAL OF THE SENATE 701 Excused—1 Smith Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4089, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2015 PA 5 and section 17b as amended by 2007 PA 137. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 183 Yeas—28 Booher Hildenbrand MacGregor Robertson Brandenburg Horn Marleau Rocca Casperson Hune Meekhof Schmidt Colbeck Johnson Nofs Schuitmaker Emmons Jones O’Brien Shirkey Green Knollenberg Pavlov Stamas Hansen Kowall Proos Zorn Nays—9 Ananich Hertel Hopgood Warren Bieda Hood Knezek Young Gregory Excused—1 Smith Not Voting—0 In The Chair: Schuitmaker ursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: P “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security 702 JOURNAL OF THE SENATE [May 14, 2015] [No. 46 of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4091, entitled A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 184 Yeas—28 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Young Hansen MacGregor Robertson Zorn Nays—9 Ananich Hertel Hopgood Knezek Bieda Hood Johnson Warren Gregory Excused—1 Smith Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4093, entitled A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 185 Yeas—28 Booher Hildenbrand Brandenburg Hopgood MacGregor Robertson Marleau Rocca No. 46] [May 14, 2015] JOURNAL OF THE SENATE Casperson Colbeck Emmons Green Hansen Horn Meekhof Schmidt Hune Nofs Schuitmaker Jones O’Brien Shirkey Knollenberg Pavlov Stamas Kowall Proos Zorn 703 Nays—9 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Excused—1 Smith Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4097, entitled A bill to make appropriations for the department of education for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 186 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Excused—1 Smith 704 JOURNAL OF THE SENATE [May 14, 2015] [No. 46 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4103, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 236a (MCL 388.1836 and 388.1836a), section 236 as amended by 2015 PA 5 and section 236a as amended by 2014 PA 196. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 187 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Excused—1 Smith Not Voting—0 In The Chair: Schuitmaker ursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: P “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. No. 46] [May 14, 2015] JOURNAL OF THE SENATE 705 The following bill was read a third time: House Bill No. 4105, entitled A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 188 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Excused—1 Smith Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4106, entitled A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 189 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas 706 JOURNAL OF THE SENATE [May 14, 2015] Green Hansen Kowall Proos Zorn MacGregor Robertson [No. 46 Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Excused—1 Smith Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4113, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 201a (MCL 388.1801 and 388.1801a), section 201 as amended by 2015 PA 5 and section 201a as amended by 2014 PA 196. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 190 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Excused—1 Smith No. 46] [May 14, 2015] JOURNAL OF THE SENATE 707 Not Voting—0 In The Chair: Schuitmaker ursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: P “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The Assistant President pro tempore, Senator O’Brien, assumed the Chair. The following bill was read a third time: House Bill No. 4115, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 17b, 201, and 236 (MCL 388.1611, 388.1617b, 388.1801, and 388.1836), sections 11, 201, and 236 as amended by 2015 PA 5 and section 17b as amended by 2007 PA 137. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 191 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Excused—1 Smith In The Chair: O’Brien Not Voting—0 708 JOURNAL OF THE SENATE [May 14, 2015] [No. 46 ursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: P “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. By unanimous consent the Senate returned to the order of Resolutions enators Casperson and Pavlov offered the following resolution: S Senate Resolution No. 56. A resolution to oppose the United States Environmental Protection Agency’s efforts to study or commission a study that could lead to regulations on grills and barbecues. Whereas, Barbecues are an American tradition enjoyed by families from all walks of life across the country. Whether tailgating for a football game, hosting a backyard get-together, or just grilling a summer meal, barbecues are a quintessentially American experience and an opportunity to eat and socialize with family and friends; and Whereas, Cooking outdoors on a grill during the summer saves electricity. Using a grill prevents the release of heat into the kitchen and other living spaces, while cooking indoors heats up a kitchen, forcing cooling systems, such as the refrigerator and air conditioner, to work harder and use more energy; and Whereas, The United States Environmental Protection Agency (EPA), our nation’s environmental regulatory agency, has funded a University of California-Riverside student project to develop preventative technology to reduce emissions from residential barbecues. By funding this project, the EPA is apparently intent on finding a solution to a problem that does not exist and demonstrating an unnecessary interest and concern over the impact of backyard barbecues on public health; and Whereas, Based on the EPA’s past practices, today’s study, no matter how small, is a concern to Michiganders and Americans, as it is inevitably the first step towards tomorrow’s regulation of this American pastime. To fulfill its mission to protect human health and the environment, the EPA’s primary tool has been, and continues to be, regulatory mandates that time and again ignore the financial, economic, and social burdens to the state and the country. The regulation of barbecues would be the latest, egregious example of overreach by the EPA; and Whereas, Funding such a study is a poor use of taxpayer dollars. In the face of record national debts, annual budget deficits, and other profound problems the country is facing, surely the federal government can better use our resources than on a study of grills and backyard barbecues; now, therefore, be it Resolved by the Senate, That we oppose the United States Environmental Protection Agency’s efforts to study or commission a study that, if consistent with the agency’s past practices, many fear will serve as the first step towards the regulation of grills and barbecues; and be it further Resolved, That copies of this resolution be transmitted to Administrator of the United States Environmental Protection Agency and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Natural Resources. The motion prevailed. enators Pavlov and Casperson offered the following concurrent resolution: S Senate Concurrent Resolution No. 14. A concurrent resolution to oppose the United States Environmental Protection Agency’s efforts to study or commission a study that could lead to regulations on grills and barbecues. Whereas, Barbecues are an American tradition enjoyed by families from all walks of life across the country. Whether tailgating for a football game, hosting a backyard get-together, or just grilling a summer meal, barbecues are a quintessentially American experience and an opportunity to eat and socialize with family and friends; and Whereas, Cooking outdoors on a grill during the summer saves electricity. Using a grill prevents the release of heat into the kitchen and other living spaces, while cooking indoors heats up a kitchen forcing cooling systems, such as the refrigerator and air conditioner, to work harder and use more energy; and No. 46] [May 14, 2015] JOURNAL OF THE SENATE 709 Whereas, The United States Environmental Protection Agency (EPA), our nation’s environmental regulatory agency, has funded a University of California-Riverside student project to develop preventative technology to reduce emissions from residential barbecues. By funding this project, the EPA is apparently intent on finding a solution to a problem that does not exist and demonstrating an unnecessary interest and concern over the impact of backyard barbecues on public health; and Whereas, Based on the EPA’s past practices, today’s study, no matter how small, is a concern to Michiganders and Americans, as it is inevitably the first step towards tomorrow’s regulation of this American pastime. To fulfill its mission to protect human health and the environment, the EPA’s primary tool has been, and continues to be, regulatory mandates that time and again ignore the financial, economic, and social burdens to the state and the country. The regulation of barbecues would be the latest, egregious example of overreach by the EPA; and Whereas, Funding such a study is a poor use of taxpayer dollars. In the face of record national debts, annual budget deficits, and other profound problems the country is facing, surely the federal government can better use our resources than on a study of grills and backyard barbecues; now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That we oppose the United States Environmental Protection Agency’s efforts to study or commission a study that, if consistent with the agency’s past practices, many fear will serve as the first step towards the regulation of grills and barbecues; and be it further Resolved, That copies of this resolution be transmitted to Administrator of the United States Environmental Protection Agency and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the concurrent resolution, Senator Kowall moved that the concurrent resolution be referred to the Committee on Natural Resources. The motion prevailed. Introduction and Referral of Bills Senators Jones, Marleau and Hood introduced Senate Bill No. 331, entitled A bill to amend 1986 PA 119, entitled “An act to regulate the business of buying or receiving used motor vehicle parts; to prescribe the powers and duties of certain state and local officers; and to provide penalties,” by amending sections 1, 2, and 4 (MCL 257.1351, 257.1352, and 257.1354), and by adding section 2a. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Jones, Bieda, Stamas and Horn introduced Senate Bill No. 332, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 703 (MCL 436.1703), as amended by 2012 PA 125. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Jones introduced Senate Bill No. 333, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 319 (MCL 257.319), as amended by 2015 PA 11. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Emmons, Jones, Knollenberg, Nofs and Bieda introduced Senate Bill No. 334, entitled A bill to amend 1975 PA 238, entitled “Child protection law,” by amending sections 2, 3, and 12b (MCL 722.622, 722.623, and 722.632b), section 2 as amended by 2014 PA 30, section 3 as amended by 2014 PA 344, and section 12b as added by 2012 PA 593. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. 710 JOURNAL OF THE SENATE [May 14, 2015] [No. 46 Senators Emmons, Jones, Booher, Knollenberg, Nofs and Bieda introduced Senate Bill No. 335, entitled A bill to amend 1953 PA 181, entitled “An act relative to investigations in certain instances of the causes of death within this state due to violence, negligence or other act or omission of a criminal nature or to protect public health; to provide for the taking of statements from injured persons under certain circumstances; to abolish the office of coroner and to create the office of county medical examiner in certain counties; to prescribe the powers and duties of county medical examiners; to prescribe penalties for violations of the provisions of this act; and to prescribe a referendum thereon,” by amending section 5 (MCL 52.205), as amended by 2010 PA 108. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Schuitmaker, Nofs, Jones, Horn, Bieda, MacGregor, Hertel, Hansen, Booher, Proos, Zorn, Marleau and O’Brien introduced Senate Bill No. 336, entitled A bill to prescribe the blue alert of Michigan as the official response to reports of serious injury or death of a law enforce­ ment officer in certain circumstances; and to provide for the powers and duties of certain state and local govern­mental officers and entities. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator MacGregor introduced Senate Bill No. 337, entitled A bill to limit the powers of local governmental units regarding the regulation of terms and conditions of employment within local government boundaries for employees of nonpublic employers. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. Statements Senators Schuitmaker and Bieda asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Schuitmaker’s statement is as follows: Today, I introduced Senate Bill No. 336, which will create the Blue Alert system in Michigan. Like an Amber Alert, the Blue Alert system would send out mass notifications when a law enforcement officer has been killed or seriously injured by a violent criminal. Anyone who is willing to kill a law enforcement officer is a threat to public safety and needs to be apprehended as quickly as possible. Law enforcement officers put their lives on the line every day, and we owe it to them to see that their attackers are caught swiftly and brought to justice. This week is National Police Week, and tomorrow is Peace Officers Memorial Day. It’s a day where we remember those law enforcement officers who have been killed in the line of duty, and it is a stark reminder of the dangers they face every day. In just the past couple of weeks, a New York Police Department officer was killed in the line of duty, and two officers were shot and killed in Mississippi during a routine traffic stop. One was a former Officer of the Year, and one was a rookie who graduated from the academy less than a year ago. Law enforcement has been in the spotlight a lot recently, and while specific situations need to be handled on an individual case-by-case basis, the reality is that every day brave men and women go to work to protect us, and tragically, sometimes they don’t come home. To those in this chamber who have served in law enforcement, I want to personally thank you, and I want to thank all the law enforcement officers across this great state and great country who go out and serve us every day. enator Bieda’s statement is as follows: S I would like to echo my good colleague from the 26th District. In 1962, President John F. Kennedy signed a proclamation which designated May 15 as Peace Officers Memorial Day and the week in which the date falls as Police Week. Currently, tens of thousands of law enforcement officers from around the world converge in Washington, D.C., to participate in a number of planned events which honor those who have paid the ultimate sacrifice. Similar observances have been or are being held across the state of Michigan. No one will contest that police work is a dangerous job. According to most recent FBI statistics, an average of 64 officers— that is, 64 officers and their families—are impacted and were killed in the years of 1980 through 2014. The lowest total during that 35-year period was 2013. No. 46] [May 14, 2015] JOURNAL OF THE SENATE 711 I want to thank our police and public safety officers, including our own Senate sergeants, both past and present, and, in particular, thank and remember those who died in the line of duty. I request that this chamber recognize a moment of silence in honor of Police Week and the men and women in blue who paid the ultimate sacrifice. A moment of silence was observed in honor of Police Week and in memory of the law enforcement officers who have lost their lives in the line of duty. Committee Reports The Committee on Judiciary reported Senate Bill No. 302, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 916a. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker and Colbeck Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, May 12, 2015, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Colbeck and Bieda Excused: Senator Rocca The Committee on Michigan Competitiveness reported Senate Bill No. 1, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 503, 523, 553, and 1311e (MCL 380.503, 380.523, 380.553, and 380.1311e), sections 503, 523, and 553 as amended by 2011 PA 277 and section 1311e as amended by 2009 PA 205. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Stamas, Robertson and Proos Nays: Senator Warren The bill was referred to the Committee of the Whole. The Committee on Michigan Competitiveness reported Senate Bill No. 2, entitled A bill to amend 1974 PA 338, entitled “Economic development corporations act,” by amending section 8 (MCL 125.1608), as amended by 2002 PA 357. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Stamas, Robertson and Proos Nays: Senator Warren The bill and the substitute recommended by the committee were referred to the Committee of the Whole. 712 JOURNAL OF THE SENATE [May 14, 2015] [No. 46 The Committee on Michigan Competitiveness reported Senate Bill No. 3, entitled A bill to repeal 1965 PA 166, entitled “An act to require prevailing wages and fringe benefits on state projects; to establish the requirements and responsibilities of contracting agents and bidders; and to prescribe penalties,” (MCL 408.551 to 408.558). With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Stamas, Robertson and Proos Nays: Senator Warren The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Michigan Competitiveness submitted the following: T Meeting held on Wednesday, May 13, 2015, at 8:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Stamas, Robertson, Proos and Warren he Committee on Outdoor Recreation and Tourism reported T Senate Resolution No. 51. A resolution to recognize Iosco County as a premier birding destination in the state of Michigan. (For text of resolution, see Senate Journal No. 44, p. 646.) With the recommendation that the resolution be adopted. Goeffrey M. Hansen Chairperson To Report Out: Yeas: Senators Hansen, Schmidt and Green Nays: None The resolution was placed on the order of Resolutions. COMMITTEE ATTENDANCE REPORT he Committee on Outdoor Recreation and Tourism submitted the following: T Meeting held on Wednesday, May 13, 2015, at 12:30 p.m., Room 110, Farnum Building Present: Senators Hansen (C), Schmidt and Green Excused: Senators Zorn and Johnson The Committee on Regulatory Reform reported Senate Bill No. 231, entitled A bill to amend 1915 PA 31, entitled “Youth tobacco act,” by amending the title and sections 1, 2, and 4 (MCL 722.641, 722.642, and 722.644), as amended by 2006 PA 236. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Kowall, Marleau, Hune, Warren, Hertel and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Regulatory Reform reported Senate Bill No. 240, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 914a. No. 46] [May 14, 2015] JOURNAL OF THE SENATE 713 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, Marleau, Hune, Warren, Hertel and Johnson Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Regulatory Reform submitted the following: T Meeting held on Wednesday, May 13, 2015, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Rocca (C), Jones, Knollenberg, Kowall, Marleau, Hune, Warren, Hertel and Johnson The Committee on Families, Seniors and Human Services reported House Bill No. 4041, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 57b (MCL 400.57b), as amended by 2011 PA 131. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones and Casperson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Families, Seniors and Human Services submitted the following: T Meeting held on Wednesday, May 13, 2015, at 3:00 p.m., Room 210, Farnum Building Present: Senators Emmons (C), Pavlov, Jones and Casperson Excused: Senator Johnson COMMITTEE ATTENDANCE REPORT he Committee on Natural Resources submitted the following: T Meeting held on Wednesday, May 13, 2015, at 12:30 p.m., Room 210, Farnum Building Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren Scheduled Meetings Appropriations Subcommittee K-12, School Aid, Education and House School Aid Appropriations Subcommittee - Wednesday, June 3, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Commerce - Wednesday, May 20, 8:30 a.m., Room 210, Farnum Building (373-5312) Finance - Tuesday, May 19, 2:30 p.m., Room 210, Farnum Building (373-5312) 714 JOURNAL OF THE SENATE [May 14, 2015] [No. 46 Judiciary - Tuesday, May 19, 3:00 p.m., Room 110, Farnum Building (373-1721) Local Government - Tuesday, May 19, 12:30 p.m., Room 100, Farnum Building (373-5323) Senate Fiscal Agency Board of Governors - Thursday, June 11, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Transportation - Thursday, May 21, 8:30 a.m., Room 210, Farnum Building (373-5323) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 12:46 p.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Tuesday, May 19, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 47 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, May 19, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—excused Stamas—present Warren—present Young—present Zorn—present 716 JOURNAL OF THE SENATE [May 19, 2015] [No. 47 haplain Bob Dennis of Grand Rapids Home for Veterans of Grand Rapids offered the following invocation: C Lord God of heaven and earth, we thank You for Your benefits which we see beyond measure. We look down at the green grass and up into the heavens, and we realize Your creation is a benefit for not only our subsistence, but our happiness and joy. Our state of Michigan surely is as beautiful as any place on earth. So it is, Lord, that we start the prayer of every day with a spirit of thanksgiving for Your love and care for us. Lord, we wish to be good stewards of our state and good stewards of the leadership positions that have been placed on our shoulders. We pray that all the decisions that we make in this session will fall inside of Your master plan. Lord, we also pray for Your protection during this gathering time. We realize the madness of evil that comes our way and the fact that they would destroy our way of life if they had the opportunity; that they would extremely grab measures to take our lives from us. Lord, please keep us safe. Lord, please protect us from the evil assaults that come against our minds when we don’t fully trust in You. Please help us to be strong in our faith and trust in You to guard our minds and our souls from any doubts and any fears. Finally, Lord, we pray for the gift that You gave to Solomon. We pray earnestly for wisdom—wisdom in our personal lives and wisdom in our leadership responsibilities. Help us to see with the eyes of our heart what really counts in this life and in this leadership. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senators Hildenbrand and Meekhof be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Hopgood and Young be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Smith be excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Jones and Schuitmaker admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:06 a.m. 11:11 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senators Meekhof, Hildenbrand, Young and Hopgood entered the Senate Chamber. The following communications were received and read: Office of the Auditor General May 13, 2015 nclosed is a copy of the following audit report: E Follow-up Report on the Performance audit of the Families First of Michigan Program, Michigan Department of Health and Human Services. May 14, 2015 nclosed is a copy of the following audit report: E Performance audit report on the Michigan Youth Challenge Academy, Department of Military and Veterans Affairs. Sincerely, Doug Ringer Auditor General The audit reports were referred to the Committee on Government Operations. No. 47] [May 19, 2015] JOURNAL OF THE SENATE 717 The Secretary announced that the following House bills were received in the Senate and filed on Thursday, May 14: House Bill Nos. 4101 4203 4204 4205 4265 The Secretary announced the enrollment printing and presentation to the Governor on Thursday, May 14, for his approval the following bills: Enrolled Senate Bill No. 99 at 3:54 p.m. Enrolled Senate Bill No. 52 at 3:56 p.m. The Secretary announced that the following bills were printed and filed on Thursday, May 14, and are available at the Michigan Legislature website: Senate Bill No. 330 House Bill Nos. 4588 4589 4590 4591 4592 4593 4594 4595 4596 4597 The Secretary announced that the following bills were printed and filed on Friday, May 15, and are available at the Michigan Legislature website: Senate Bill Nos. 331 332 333 334 335 336 337 House Bill Nos. 4598 4599 4600 4601 4602 4603 4604 4605 4606 4607 4608 4609 4610 4611 4612 4613 4614 4615 4616 Senator Kowall moved that the following bill, now on the order of General Orders, be referred to the Committee on Judiciary: Senate Bill No. 302, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 916a. The motion prevailed. Senator Kowall moved that a respectful message be sent to the House of Representatives requesting the return of the following bill: House Bill No. 4075 The motion prevailed. Senator Kowall moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today: Senate Bill No. 329 The motion prevailed, a majority of the members serving voting therefor. Messages from the Governor The following message from the Governor was received: Date: May 18, 2015 Time: 8:52 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 99 (Public Act No. 30), being An act to amend 2001 PA 142, entitled “An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,” (MCL 250.1001 to 250.2080) by adding section 89a. (Filed with the Secretary of State on May 18, 2015, at 10:45 a.m.) Respectfully, Rick Snyder Governor By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Robertson as Chairperson. 718 JOURNAL OF THE SENATE [May 19, 2015] [No. 47 After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 213, entitled A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending section 61 (MCL 408.1061), as amended by 1996 PA 437. Senate Bill No. 231, entitled A bill to amend 1915 PA 31, entitled “Youth tobacco act,” by amending the title and sections 1, 2, and 4 (MCL 722.641, 722.642, and 722.644), as amended by 2006 PA 236. Senate Bill No. 240, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 914a. Senate Bill No. 329, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 644f (MCL 168.644f), as amended by 2012 PA 276. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 103, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1249 and 1249a (MCL 380.1249 and 380.1249a), section 1249 as amended by 2014 PA 257 and section 1249a as added by 2011 PA 102, and by adding sections 1249b and 1531j; and to repeal acts and parts of acts. Substitute (S-4). The following are the amendments to the substitute recommended by the Committee of the Whole: 1. Amend page 4, line 6, after “LEAST” by striking out “50%” and inserting “40%”. 2. Amend page 7, line 23, after “30” by striking out “SCHOOL”. 3. Amend page 7, line 25, after “30” by striking out “SCHOOL”. 4. Amend page 26, line 18, by striking out all of subdivision (C). The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. enator Kowall moved that Senator Nofs be excused from the balance of today’s session. S The motion prevailed. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 139, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1272b (MCL 380.1272b). Substitute (H-2). The question being on concurring in the substitute made to the bill by the House, Senator Gregory offered the following amendments to the substitute: 1. Amend page 2, line 25, after “THAN” by striking out “2 FUND-RAISING ACTIVITIES” and inserting “1 FUND‑RAISING ACTIVITY”. 2. Amend page 3, following line 2, by inserting: “(3) IF A PUBLIC SCHOOL ALLOWS A FUND-RAISING ACTIVITY TO TAKE PLACE AS DESCRIBED IN SUBSECTION (2), THE PERSON OR GROUP CONDUCTING THE FUND-RAISING ACTIVITY SHALL ENSURE THAT NOTIFICATION OF THE ACTIVITY IS MADE TO THE PARENTS AND LEGAL GUARDIANS OF PUPILS ENROLLED IN THE PUBLIC SCHOOL AT LEAST 1 WEEK BEFORE THE DATE OF THE ACTIVITY. THE NOTICE SHALL INCLUDE AT LEAST THE DATE AND TIME PERIODS FOR THE ACTIVITY, NOTIFICATION THAT THE ACTIVITY WILL INCLUDE THE SALE OR AVAILABILITY OF No. 47] [May 19, 2015] JOURNAL OF THE SENATE 719 FOOD OR BEVERAGES THAT DO NOT MEET THE NUTRITIONAL STANDARDS, AND A DESCRIPTION OF THE PRODUCTS TO BE SOLD AT THE ACTIVITY.”. The amendments to the substitute were not adopted. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 192 Yeas—33 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune O’Brien Stamas Emmons Jones Pavlov Young Green Knezek Proos Zorn Hansen Nays—3 Gregory Johnson Warren Excused—2 Nofs Smith Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Protest Senator Gregory, under his constitutional right of protest (Art. 4, Sec. 18), protested against concurring in the House substitute for Senate Bill No. 139 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.” The motion prevailed. Senator Gregory’s statement is as follows: I rise in opposition to Senate Bill No. 139 which will allow unhealthy foods in our schools during school hours. With so many of our kids today struggling with obesity and unhealthy eating habits, I feel it is wrong to be overexposing them to bad foods. Many children consume at least half of their meals at our schools, and for many children, food served at school may be the only food they regularly eat. As a many of you know, the federal nutritional guidelines were revised in 2012, and states have the option to allow for exemptions. Currently, there are 28 states that have zero exemptions. They believe that the federal government’s guidelines 720 JOURNAL OF THE SENATE [May 19, 2015] [No. 47 are appropriate, and they are helping their children. Here in the state of Michigan, we say that the federal government is overextending itself and shouldn’t be involved in this. But what about our children? In Illinois, they have the highest number of fundraisers per year—36. When this bill passes, Michigan will beat that by twice that number—72. On top of that, in the state of Illinois, only the high schools have these exemptions. Here in Michigan, our middle schools and high schools will all have the ability to have 72 fundraisers a year, and yet these children, 1 in 8 are obese; not just overweight, but obese. So in Michigan, what we are saying is it’s OK for you to continue with this obesity, with these problems with your health, because we believe that the federal guidelines are inappropriate to be applied to us. We should allow our children to get as big as you want to get without any problems. According to the Michigan Department of Health and Human Services—and I’ve said this before—almost 1 in 8 youths in the state of Michigan ages 10 to 17 are obese. They certainly have the risk of cancer, obesity, and childhood diseases. I don’t understand, as a state, as a parent, as a grandparent, as an aunt, and as an uncle, why we wouldn’t want to do the best for our children. We want to make sure our kids go to school. It is our obligation to make sure that they have healthy foods while they are in school. So we’re saying that you’re in school, but you can have whatever you want to have even though we know that we have this obesity problem in the state of Michigan. I will be voting “no” on this bill. I’m asking my colleagues to reconsider your vote from the last time, and consider the health and welfare of the children of this state. Senators Gregory and Colbeck asked and were granted unanimous consent to make statements and moved that the state­ ments be printed in the Journal. The motion prevailed. Senator Gregory’s statement is as follows: Colleagues, I rise to offer an amendment to Senate Bill No. 139 that allows for unhealthy foods in our schools. Since this bill has come back from the House with changes, we have another chance to make this legislation better, and I want to take this opportunity to do so. My amendment would require that if these fundraisers in our schools are going to be held where our children are offered unhealthy foods, we should at least be notifying the parents. This notification would be one week in advance and include the date and time of the event and notification that nonnutritional food or beverages will be sold there. I disagree with using unhealthy foods to take advantage of our kids, but the parents of the students at these schools need to be prepared. In addition, my amendment would also enable the Michigan Department of Education to lower the cap on these fund­ raising activities to one per week at each school. By lowering the number of fundraisers per week that the department must allow, we can give those who are experts in the field of childhood nutrition and how that impacts learning more authority of this vital statewide health concern. According to the Michigan Department of Health and Human Services, almost 1 in 8 youth between the ages of 10 and 17 are obese—not just overweight, but obese—putting them at risk for a number of chronic diseases, as well as certain types of cancer. With so many kids struggling with obesity and unhealthy eating habits today, we should not be overexposing them to bad foods. While 28 other states have zero exemptions for unhealthy food fundraisers, the most allowed in the country is in the state of Illinois, allowing 36 fundraisers per year in high schools only. I ask for your support of my amendment. enator Colbeck’s statement is as follows: S I would like to remind my colleagues this passed 36-1 out of our chamber previously. Most of you recognize that this has nothing to do with obesity. This is about federal control versus local control. I urge everybody to provide a “yes” vote in favor of local control for this overall bill. Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage: Senate Bill No. 329 The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 144 House Bill No. 4017 Senate Bill No. 329 The motion prevailed. No. 47] [May 19, 2015] JOURNAL OF THE SENATE 721 The following bill was read a third time: Senate Bill No. 144, entitled A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 1109, 2129, and 3115 (MCL 289.1109, 289.2129, and 289.3115), section 1109 as amended by 2012 PA 178 and section 2129 as amended by 2014 PA 516. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 193 Yeas—35 Ananich Hansen Knezek Robertson Bieda Hertel Knollenberg Rocca Booher Hildenbrand Kowall Schmidt Brandenburg Hood MacGregor Schuitmaker Casperson Hopgood Marleau Shirkey Colbeck Horn Meekhof Stamas Emmons Hune O’Brien Warren Green Johnson Pavlov Zorn Gregory Jones Proos Nays—1 Young Excused—2 Nofs Smith Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4017, entitled A bill to amend 2000 PA 92, entitled “Food law,” (MCL 289.1101 to 289.8111) by amending the title and by adding section 5104. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 194 Ananich Bieda Booher Brandenburg Casperson Yeas—35 Hansen Knezek Robertson Hertel Knollenberg Rocca Hildenbrand Kowall Schmidt Hood MacGregor Schuitmaker Hopgood Marleau Shirkey 722 JOURNAL OF THE SENATE [May 19, 2015] Colbeck Horn Emmons Hune Green Johnson Gregory Jones [No. 47 Meekhof Stamas O’Brien Warren Pavlov Zorn Proos Nays—1 Young Excused—2 Nofs Smith Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to codify the licensure and regulation of certain persons engaged in processing, manufacturing, production, packing, preparing, repacking, canning, preserving, freezing, fabricating, storing, selling, serving, or offering for sale food or drink for human consumption; to prescribe powers and duties of the department of agriculture; to provide for delegation of certain powers and duties to certain local units of government; to provide exemptions; to regulate the labeling, manufacture, distribution, and sale of food for protection of the consuming public and to prevent fraud and deception by prohibiting the misbranding, adulteration, manufacture, distribution, and sale of foods in violation of this act; to provide standards for food products and food establishments; to provide for enforcement of the act; to provide penalties and remedies for violation of the act; to provide for fees; to provide for promulgation of rules; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 329, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 644f (MCL 168.644f), as amended by 2012 PA 276. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 195 Yeas—34 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune O’Brien Stamas Colbeck Johnson Pavlov Warren Emmons Jones Proos Young Gregory Knezek Robertson Zorn Hertel Knollenberg No. 47] [May 19, 2015] JOURNAL OF THE SENATE 723 Nays—2 Green Hansen Excused—2 Nofs Smith Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following concurrent resolution be postponed for today: S House Concurrent Resolution No. 3 The motion prevailed. enator Casperson offered the following resolution: S Senate Resolution No. 57. A resolution to call on the United States Army Corps of Engineers and the Michigan State Waterways Commission to promptly review and provide assistance to repair damage and prevent future flooding along Lakeshore Boulevard in Marquette, Michigan. Whereas, Winter storms and flooding have extensively damaged Lakeshore Boulevard and its protecting structures in Marquette, Michigan. Bordering the federal harbor-of-refuge, the revetment along the entire stretch has been undermined and destroyed, with many breaches. The failure of this shore protection has led to erosion and fissures in the surface pave­ ment, creating hazards to public safety; and Whereas, The damage and consequent hazard to public safety have forced the closure of Lakeshore Boulevard since September 2014. This continuing closure has created a severe hardship for businesses and, consequently, the local economy because local customers and tourists cannot use the boulevard to reach shops; and Whereas, The city of Marquette needs emergency assistance to repair and improve the shoreline structures protecting Lakeshore Boulevard and to prevent future damage to the roadway from winter storm surges and flooding. The potential $8 million needed for the road and shore protection are beyond the city’s ability to manage; now, therefore, be it Resolved by the Senate, That we call on the United States Army Corps of Engineers and the Michigan State Waterways Commission to promptly review and provide assistance to repair damage and prevent future flooding along Lakeshore Boulevard in Marquette, Michigan; and be it further Resolved, That copies of this resolution be transmitted to the Chief of Engineers of the United States Army Corps of Engineers, the commissioners of the Michigan State Waterways Commission, and the members of the Michigan congres­ sional delegation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Natural Resources. The motion prevailed. Senators Booher, Brandenburg, Emmons, Horn, Kowall, MacGregor, Marleau, O’Brien, Proos and Robertson were named co‑sponsors of the resolution. 724 JOURNAL OF THE SENATE [May 19, 2015] [No. 47 Senator Casperson offered the following resolution: Senate Resolution No. 58. A resolution to urge the President and Congress of the United States to take action to halt the illegal dumping of foreign steel into the U.S. market. Whereas, Steel is the backbone of the modern economy, and it contributes to every level of daily life. It supports our bridges, takes our buildings to new heights, and can be found in the everyday appliances in our homes. Michigan’s strong manufacturing sector, particularly our automotive industry, relies extensively on the metal, as does the energy sector’s domestic oil and gas extraction efforts. In fact, in 2014, Michigan and Minnesota shipped 93 percent of usable iron ore products in the United States; and Whereas, Iron ore mining and manufacturing has been significantly undermined by low-price steel imports from foreign nations. Companies in places like China, South Korea, India, the Philippines, Vietnam, Thailand, Taiwan, and Saudi Arabia are selling their products in the United States at predatory prices. Some estimates state that certain Chinese steel firms retail their products in the United States at 75 percent of the domestic cost of production. A South Korean firm recently retailed its products even lower at 48 percent of the domestic cost of production. This unfair trade puts American mills, and the mines that feed them, at risk; and Whereas, The economic consequences of steel dumping have begun and will have a lasting detrimental impact on the Michigan economy and the entire nation. Across the Midwest, thousands of steelworkers have already been laid off in recent years, and as mills continue to operate well below their operational capacity, more steelworkers and miners are at risk. As the percentage of foreign steel used in the United States increases, the impacts on American manufacturing will only increase. This could lead to the erosion of enterprises that are critical to our economy and national defense; and Whereas, The dumping of foreign steel into the United States is a violation of international trade agreements and must be halted. Article VI of the General Agreement on Tariffs and Trade 1994 states that products from another country shall not be introduced into the commerce of another country at a value less than the product’s normal price in the destination country. The Department of Commerce has used the provisions of this article to investigate and take anti-dumping measures against nations in the past. However, this process is slow. So, while nations and companies are being identified, investigated, and punished, American workers are being laid off. Action must be taken to more aggressively identify those violating international trade agreements and punish them accordingly; now, therefore, be it Resolved by the Senate, That we urge the President and Congress of the United States to take action to halt the illegal dumping of foreign steel into the U.S. market; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congres­ sional delegation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Economic Development and International Investment. The motion prevailed. Senators Booher, Emmons, Horn, Kowall, MacGregor, Marleau, O’Brien and Proos were named co‑sponsors of the resolution. enator Green offered the following resolution: S Senate Resolution No. 59. A resolution to urge the United States Congress to enact legislation that requires uniform and science-based food labeling nationwide. Whereas, In the absence of a federal genetically modified organism (GMO) labeling standard, some states and localities have developed a patchwork of labeling proposals that can be confusing and misleading to consumers. Multiple local regula­ tions increase agriculture and food production costs, requiring food companies operating in Michigan to create separate supply chains to be developed for each state; and Whereas, GMOs are found in 70 to 80 percent of the foods we eat and play a vital role in maintaining Michigan’s agri­ culture, food processing, and other industries. In 2014, 100 percent of all sugar beets, 93 percent of all corn, and 91 percent of all soybeans grown in Michigan were genetically modified; and Whereas, A maze of regulations would cripple interstate commerce throughout the food supply and distribution chain and ultimately increase grocery prices for consumers by hundreds of dollars each year. A Cornell University study found that a patchwork of state labeling laws would increase food costs for a family by an average of $500 per year; and Whereas, On March 25, 2015, Congressman Pompeo (R-KS) and Congressman Butterfield (D-NC) introduced bipartisan legislation—the Safe and Accurate Food Labeling Act (H.R. 1599)—to avoid this patchwork of regulations and the costly challenges it creates. This legislation has been jointly referred to the House Agriculture Committee and the House Energy and Commerce Committee; and No. 47] [May 19, 2015] JOURNAL OF THE SENATE 725 Whereas, Passage of H.R. 1599 will allow consumers to have access to accurate and consistent information on products that contain GMOs by ensuring that labeling is national, uniform, and science-based. The bill also establishes a United States Department of Agriculture (USDA)-administered certification and labeling program, modeled after the USDA National Organic Program, for non-GMO, organic foods; now, therefore, be it Resolved by the Senate, That we urge the United States Congress to enact legislation that requires uniform and sciencebased food labeling nationwide; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Agriculture. The motion prevailed. Senators Booher, Brandenburg, Emmons, Kowall, Marleau and Robertson were named co‑sponsors of the resolution. ouse Concurrent Resolution No. 11. H A concurrent resolution to urge the United States Supreme Court to recognize its limited historic role in a federal system and to urge the states to become proactive in defending their sovereignty against federal overreach. Whereas, The Founders of our republic established a federalist system, characterized by a clear division of powers defined by a written constitution, whereby the powers of the general government were clearly limited, and the existing, retained powers of the states clearly established; and Whereas, The powers of the federal government were explained by James Madison in Federalist No. 45, to be “few and defined,” and touching mainly on international issues of “war, peace, negotiation, and foreign commerce.” In contrast the powers “which are to remain in the State governments are numerous and indefinite” and pertain to domestic affairs which “will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State”; and Whereas, A majority of the states, in ratifying the U.S. Constitution from 1787 to 1790, demanded that the proposed constitution be amended to clearly define the existing, retained powers of the states. The new federal government responded by proposing to the states the Bill of Rights which recognized the existing, retained powers of the states and provided strict limitations on the powers of the new federal government; and Whereas, The Tenth Amendment to the U.S. Constitution was adopted to ensure that the balance of power between the federal government and state governments remained in perpetuity; and Whereas, This arrangement of federalism best meets the needs of the states which often vary in customs and values and which are in a position to best understand the needs and desires of their own citizens. Altering wrongs on the part of government is much more easily accomplished at the state level than at the federal level; and Whereas, Nothing has changed in the U.S. Constitution since the adoption of the Bill of Rights which would alter that balance of power between the federal government and the states; and Whereas, Generations after the Fourteenth Amendment was ratified, the United States Supreme Court began to embrace novel legal doctrines, most notably the Incorporation Doctrine which, contrary to prior court precedent, redefines the Fourteenth Amendment to be a constitutional watershed, one which makes every state and local law or custom subject to federal oversight, thereby proclaiming unto itself an authority never granted to it by the people. Beginning in the mid-1900s, the courts began to use the Fourteenth Amendment as a pretext for subsuming the long existing powers of the states, shaping society according to their own philosophies, and in the process, destroying federalism and rendering the Tenth Amendment all but meaningless; and Whereas, A court which recognizes no proper boundary to its own power, particularly the boundaries established by the Tenth Amendment to the U.S. Constitution, has great potential for precipitating irreparable harm to the republic, as illustrated by the 1857 Dred Scott v. Sandford decision, and as stated by President Abraham Lincoln in his first inaugural address, referring to that infamous case, “…if the policy of the government upon vital questions affecting the whole people is to be irrevocably fixed by decisions of the Supreme Court the instant they are made…the people will have ceased to be their own rulers, having to that extent practically resigned their government into the hands of that eminent tribunal…”; and Whereas, It is the responsibility of the states to defend the powers they retained under the U.S. Constitution. Chief Justice John Roberts wrote in NFIB v. Sebelius, “In the typical case we look to the States to defend their prerogatives by adopting ‘the simple expedient of not yielding’ to federal blandishments when they do not want to embrace the federal policies as their own… The States are separate and independent sovereigns. Sometimes they have to act like it.”; and Whereas, This resolution is part of our sworn duty to defend both the Michigan Constitution and the U.S. Constitution. Every state legislator from the state of Michigan swears an oath that he or she will support these constitutions; now, therefore, be it 726 JOURNAL OF THE SENATE [May 19, 2015] [No. 47 Resolved by the House of Representatives (the Senate concurring), That we urge the United States Supreme Court to recognize its limited historic role in a federal system in which powers are separated among the branches of government and, most importantly, between the federal government and the state governments, and to recognize that it is the right of the individual states under the Tenth Amendment to determine certain domestic state issues; and be it further Resolved, That we urge our fellow states to proactively defend their sovereignty from federal overreach; and be it further Resolved, That copies of this resolution be transmitted to the Justices of the United States Supreme Court, the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, and the legislatures of the other forty-nine states. The House of Representatives has adopted the concurrent resolution. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the concurrent resolution, Senator Kowall moved that the concurrent resolution be referred to the Committee on Elections and Government Reform. The motion prevailed. Senators Booher, Brandenburg, Casperson, Colbeck, Emmons, Green, Horn, Kowall, Pavlov, Proos and Shirkey were named co‑sponsors of the concurrent resolution. Introduction and Referral of Bills Senators Proos, Brandenburg, Booher, Horn and Gregory introduced Senate Bill No. 338, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 21334 and 21736. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senator Bieda introduced Senate Bill No. 339, entitled A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” by amending sections 1, 2, 5a, 6, 7, and 9 (MCL 287.331, 287.332, 287.335a, 287.336, 287.337, and 287.339), sections 1, 6, 7, and 9 as amended by 1997 PA 7 and section 5a as added by 1980 PA 214, and by adding section 9c. The bill was read a first and second time by title and referred to the Committee on Commerce. Senator Bieda introduced Senate Bill No. 340, entitled A bill to amend 1915 PA 31, entitled “Youth tobacco act,” by amending sections 1 and 2 (MCL 722.641 and 722.642), as amended by 2006 PA 236. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Shirkey introduced Senate Bill No. 341, entitled A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending sections 22, 40, 53, 63, 151, 152, 153, 154, and 155 (MCL 207.1022, 207.1040, 207.1053, 207.1063, 207.1151, 207.1152, 207.1153, 207.1154, and 207.1155). The bill was read a first and second time by title and referred to the Committee on Transportation. Senator Shirkey introduced Senate Bill No. 342, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2012 PA 498. The bill was read a first and second time by title and referred to the Committee on Transportation. No. 47] [May 19, 2015] JOURNAL OF THE SENATE 727 House Bill No. 4101, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4203, entitled A bill to amend 1931 PA 327, entitled “An act to provide for the organization, regulation and classification of corporations; to provide their rights, powers and immunities; to prescribe the conditions on which corporations may exercise their powers; to provide for the inclusion of certain existing corporations within the provisions of this act; to prescribe the terms and conditions upon which foreign corporations may be admitted to do business within this state; to require certain annual reports to be filed by corporations; to prescribe penalties for the violations of the provisions of this act; and to repeal certain acts and parts of acts relating to corporations,” by amending section 157 (MCL 450.157). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Health Policy. House Bill No. 4204, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 55 (MCL 400.55), as amended by 1998 PA 516. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Health Policy. House Bill No. 4205, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending the heading of part 58 and sections 5801, 5805, 5815, 5817, 5821, 5823, 5825, 5828, 5831, 5835, 5841, 5843, 5847, 5863, 5871, 5874, and 5879 (MCL 333.5801, 333.5805, 333.5815, 333.5817, 333.5821, 333.5823, 333.5825, 333.5828, 333.5831, 333.5835, 333.5841, 333.5843, 333.5847, 333.5863, 333.5871, 333.5874, and 333.5879), section 5805 as amended by 1988 PA 236 and section 5817 as amended by 1998 PA 88; and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Health Policy. House Bill No. 4265, entitled A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending sections 11, 21, 31, 34, 34a, 41, 51, 52, 54, 61, 82, 85, and 111 (MCL 389.11, 389.21, 389.31, 389.34, 389.34a, 389.41, 389.51, 389.52, 389.54, 389.61, 389.82, 389.85, and 389.111), section 21 as amended by 2013 PA 53, sections 34, 34a, 51, 52, and 54 as amended by 2003 PA 306, section 41 as amended by 2004 PA 446, section 61 as amended and section 85 as added by 2000 PA 488, section 82 as amended by 1992 PA 20, and section 111 as amended by 1997 PA 135. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Education. Committee Reports The Committee on Transportation reported Senate Bill No. 186, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding sections 811cc, 811dd, 811ee, 811ff, and 811gg. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson 728 JOURNAL OF THE SENATE [May 19, 2015] [No. 47 To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, May 14, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood The Committee on Elections and Government Reform reported Senate Bill No. 329, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 644f (MCL 168.644f), as amended by 2012 PA 276. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David B. Robertson Chairperson To Report Out: Yeas: Senators Robertson, Colbeck, Emmons, Shirkey and Hood Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Elections and Government Reform submitted the following: T Meeting held on Thursday, May 14, 2015, at 9:00 a.m., Rooms 402 and 403, Capitol Building Present: Senators Robertson (C), Colbeck, Emmons, Shirkey and Hood The Committee on Veterans, Military Affairs and Homeland Security reported House Bill No. 4060, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” (MCL 388.1601 to 388.1896) by adding section 275b. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Veterans, Military Affairs and Homeland Security submitted the following: T Meeting held on Thursday, May 14, 2015, at 2:00 p.m., Room 110, Farnum Building Present: Senators O’Brien (C), Emmons, Zorn, Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Committee on Economic Development and International Investment submitted the following: T Meeting held on Thursday, May 14, 2015, at 1:30 p.m., Room 210, Farnum Building Present: Senators Horn (C), Schmidt, Brandenburg, Emmons, Warren and Bieda Excused: Senator Stamas No. 47] [May 19, 2015] JOURNAL OF THE SENATE 729 Scheduled Meetings Appropriations Subcommittee K-12, School Aid, Education and House School Aid Appropriations Subcommittee - Wednesday, June 3, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Commerce - Wednesday, May 20, 8:30 a.m., Room 210, Farnum Building (373-5312) Criminal Justice Policy Commission - Wednesday, June 3, 10:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Build­ing (373-0212) Families, Seniors and Human Services - Wednesday, May 20, 3:00 p.m., Room 210, Farnum Building (373-5323) Regulatory Reform - Wednesday, May 20, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323) Senate Fiscal Agency Board of Governors - Thursday, June 11, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Transportation - Thursday, May 21, 8:30 a.m., Room 210, Farnum Building (373-5323) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 12:01 p.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Wednesday, May 20, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 730 No. 48 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, May 20, 2015. 10:00 a.m. The Senate was called to order by the Assistant President pro tempore, Senator Margaret E. O’Brien. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—excused Stamas—present Warren—present Young—present Zorn—present 732 JOURNAL OF THE SENATE [May 20, 2015] [No. 48 Reverend Guy Lynch of God Land Unity Church of Detroit offered the following invocation: Heavenly Father, we come before You today to ask and affirm blessings for the great state of Michigan, for its citizens and leaders, and to open our minds to Your direction and guidance. You have taught us that we are the salt of the earth. You have taught us that we are the light of the world. We seek to honor that ideal today by governing in a way that benefits all and demonstrates Your compassion, forgiveness, and unconditional love. By praying in Your name, we assume Your nature and character in all of our endeavors, recognizing everyone as a child of God. In our service, we express all love and respect. We honor all faiths in this august body today that teach goodness and mercy rule our relationships. It is said that America is a melting pot. Let it be even more so in our state, and encourage us to honor and respect differences. In the struggles with our own lives, we have one hand up to seek help, first from You, Lord, and then from Your creations who have been more richly blessed than ourselves. In like kind, we have one hand down to lift up those who are currently less fortunate than us, for we have been taught that as one is lifted up, all are lifted to that one. Let us judge less today and understand more. Where we disagree, let us not fear compromise where we can find any agreement. Where two or more agree, there is a greater power for good among us. We consciously clear our minds and hearts today to start this work fresh. We trust and affirm that each member here has access to Your wisdom and acts for the good of all people. We bless them, acknowledging that You have ordained them to govern. Let Your compassion and love rule today and every day. Keep Your servants humble in Your service. All this we affirm, for You are a good God. We pray this prayer in the nature and by the example of Jesus Christ. We say Amen and Amen. The Assistant President pro tempore, Senator O’Brien, led the members of the Senate in recital of the Pledge of Allegiance. The President, Lieutenant Governor Calley, assumed the Chair. Motions and Communications Senator Jones entered the Senate Chamber. The following communications were received and read: Office of the Senate Majority Leader I would like Senate Bill 339 re-referred to the Senate Committee on Agriculture. If you have any questions regarding this matter, please do not hesitate to contact me. May 19, 2015 May 19, 2015 I would like House Bills 4203, 4204 and 4205 re-referred to the Senate Committee on Families, Seniors and Human Services. If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communications were referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, May 19: House Bill Nos. 4568 4569 enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Smith be excused from today’s session. S The motion prevailed. Senator Hopgood asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. No. 48] [May 20, 2015] JOURNAL OF THE SENATE 733 enator Hopgood’s statement is as follows: S It’s that time of year in spring when we get to say goodbye to our interns. I have the great pleasure of wishing a fond farewell to Jason Andres. We have interns who come and go in our office, and he is one of the ones I can truly say stands out for a number of reasons. I am just going to read from part of the tribute we have here for him, but we are signing and dedicating this tribute to congratulate Jason on the completion of his internship with the Michigan Senate and his graduation from Michigan State University. Jason started in our office in January. The internship only lasted this semester. He has made a lasting impression on all of us. From the first day, he has shown a natural willingness to assist in various roles in the legislative office and is able to take on tasks without much instruction and complete them with thoroughness and professionalism that is impressive at this stage of his career. Jason is a self-starter and always eager to learn more, whether it was an area of constituent relations, legislative research, casework management, or observing various steps in the legislative process. I could go on about Jason, but it truly is a pleasure to present this tribute to him and to wish him all of the best in his future endeavors. I would like to ask my colleagues to help me wish him a fond farewell and future success. Senator Kowall moved that the rules be suspended and that the following resolution, now on Committee Reports, be placed on the Resolutions calendar for consideration today: Senate Resolution No. 50 The motion prevailed, a majority of the members serving voting therefor. Messages from the Governor The following message from the Governor was received: May 18, 2015 Attached is a copy of my Special Message on Criminal Justice to the Regular Session of the 98th Michigan Legislature. This message transmitting information on the affairs of state and recommending measures I consider necessary and desirable is presented to the Michigan Senate pursuant to Section 17 of Article V of the Michigan Constitution of 1963. Sincerely, Rick Snyder Governor The special message is as follows: I. Introduction e see it in the news every day—our criminal justice system in action—police apprehending suspects, juries delivering W verdicts, and judges imposing sentences. We hear the tragic stories of victims, and we await punishment of the guilty. But there is much more to our criminal justice system that too often goes overlooked. There are important steps we can take to help victims, prevent crimes before they occur, and provide better outcomes for Michigan. Let there be no doubt: Protecting the public is the primary purpose of our criminal justice system. Safety and security are essential to a strong economy and a free society. Our system can protect public safety by deterring crime and separate dangerous individuals from society at large. But if we focus on crime and punishment alone, we ignore the opportunity to help break the cycle of crime that plagues too many communities. We know that most criminals who go to prison will be released one day after they complete their sentence. Wouldn’t it be better for Michigan if they return to their communities, earn a job, and be productive members of society—instead of turning back to a life of crime? There are many examples of individuals who have committed crimes and then turned their lives around to earn places of respect within their communities. Let’s reform our criminal justice system to produce more of those success stories and bring individuals back into the river of opportunity. We’ll do it by imposing the right sanctions while also providing appropriate treatment and training to offenders. Along the way, we must work to ensure that our system is aligned with the needs of employers so that offenders are put into the best position to find meaningful work when they’re released from prison. To be sure, the criminal justice system is expensive, costing Michigan taxpayers billions of dollars each year. The annual budget of the Department of Corrections alone is over two billion dollars and our county governments spend millions more. We have a responsibility to spend intelligently on programs that work to promote public safety and reform offenders so that we provide the best customer service to Michigan residents. If we want to know what programs actually work, then we need to collect data and devote our resources to proven measures. Finally, we should allocate our resources to address the root causes of criminal behavior, such as mental health issues, substance abuse, child neglect and truancy, which can prevent crimes from happening in the first place. 734 JOURNAL OF THE SENATE [May 20, 2015] [No. 48 II. Protecting Crime Victims here is no amount of money and no form of punishment that can truly make a crime victim whole. Victims suffer the T most from crime, and for some, their wounds may never heal. In protecting the public, we must be cognizant of the effects of crime on those victims and take steps to minimize the damaging impacts to the fullest extent possible. 1. Notification of Victim’s Rights Michigan citizens victimized by crime should be made aware of their special statutory and constitutional rights in a clear and uncomplicated format. We should deliver the initial notice of rights, along with notification of court hearings, expeditiously and in a manner best suited to the victim. While many crime victims prefer to receive their initial notice of rights by mail, many now would rather receive this information electronically, which is both faster and more cost-effective. We should work to make this option available to crime victims statewide. 2. Making Life Safer for Domestic Violence Victims There are two significant steps Michigan can take to help protect victims of domestic violence. First, I am calling on our Legislature to enact a law that would require law enforcement agencies to provide service of personal protection orders (PPOs) free of charge, thereby eliminating financial barriers for victims who need the assistance of the court system to avoid threats of violence. To qualify for federal funding, states must certify that petitioners for civil personal protection orders do not “bear the costs” of serving an order. Currently, Michigan satisfies the federal requirement by allowing PPOs to be served by any “legally competent adult.” While relying on the free service provided by a friend or family member may work in most cases, it does not work for every victim and may cause additional safety concerns. Michigan should join the majority of states in using funds collected from PPO violators to fund free personal service of PPOs by law enforcement. Second, I call on the Legislature to pass pending bills that would permit a survivor of domestic violence, sexual assault, human trafficking, or stalking to apply to have an address designated by the Attorney General to serve as the victim’s address for receiving mail. Allowing perpetrators to have access to a victim’s identifying or location information creates additional opportunity for harmful contact for survivors and their family members that can be avoided. And as we stand guard against domestic violence, we must also confront violence on our campuses. I will be hosting a summit to raise awareness of this issue and to discuss how we can work together to prevent these crimes. 3. New Tools to Combat Cybercrime More must be done to help victims of computer crimes. Improving upon the ability of police officers, prosecutors, jurors and judges to understand the significance of cyber-related evidence will help the successful investigation and fair adjudication of cybercrimes, including those related to child sexually abusive materials, stalking, accessing a computer with intent to defraud, point-of-sale attacks, financial institution penetration, unlawful use of a computer system and traditional hacking. These matters often involve complex enterprises that cross traditional geographic boundaries. We need to examine the possibility of expanding venue to allow these cases to be litigated anywhere in the state. I am directing the Michigan State Police (MSP) to create a joint forensic team and work with the Michigan Department of Technology, Management and Budget (DTMB) where appropriate to aid in the detection and investigation of cyber­ crimes in Michigan. If venue for cybercrime is expanded statewide, then law enforcement and the legal community will be able to focus resources in a targeted court or courts, which in turn will develop the expertise necessary to effectively combat cybercrime. My office and the joint forensic team, along with a task force of key stakeholders, will work with the Michigan Supreme Court to pilot a “cybercrime court” by coordinating and concentrating state resources to prosecute cybercrime in a small number of venues. This will allow all involved parties to more quickly develop best practices for investigating and prosecuting cybercrime. The task force will also review the criminal laws to determine whether any changes should be made to facilitate the prosecution of cybercrimes. 4. Restitution for Victims of Crime When a crime occurs, one of the most important things we can do to support crime victims is to require the perpetrator to pay restitution to the victim. Under Michigan law, the collection of restitution for victims is the responsibility of local courts. No statewide department or agency is legally responsible for tracking the enforcement of restitution orders. As a result, we lack reliable information about how frequently restitution is actually paid. To address this shortcoming, I have tasked the Michigan Department of Corrections (MDOC) to take steps to ensure that we are successfully collecting restitution from probationers, prison inmates, and parolees. III. Law Enforcement Local and state police are the front lines of our criminal justice system. They are our first responders, they put their lives on the line every day, and we are thankful for the work they do. We are also greatly appreciative of corrections, probation and parole officers who also risk their safety in our prisons, jails and in the field. As our nation is in the midst of a challenging conversation about law enforcement, I’m proud to say that Michigan is leading by example. The MSP has helped reduce violent crime in some of our state’s most violent cities, and they’re doing it by building strong relationships and working with the communities they serve. Through the Secure Cities Partnership, state police work with local law enforcement and community organizations in Flint, Detroit, Pontiac and Saginaw to reduce crime and improve the quality of life. Today, preliminary data shows that violent crime is down from 2012 numbers by over 10% in Detroit, nearly 38% in Flint, nearly 10% in Pontiac, and over 30% in Saginaw. No. 48] [May 20, 2015] JOURNAL OF THE SENATE 735 There is more, though, we can do to ensure our law enforcement officers continue to provide excellent service to the communities they have sworn to protect, including achieving greater racial and gender diversity in recruitment, engaging in partnerships with our communities, and using the latest technology to increase transparency and protect both law enforce­ ment officers and citizens. 1. Diversity in Recruitment Those who enforce our laws and work in our jails and prisons should reflect the diversity of the communities that they serve. To achieve that goal, we must continue expanding racial and gender diversity among our law enforcement and corrections professionals. This year, I have personally called on ministers and community leaders to recommend potential trooper candidates who would serve their neighborhoods, cities and state. I renew that call today, but even more work needs to be done to raise awareness among minorities and women about the exciting and rewarding opportunities awaiting them in law enforcement. The MSP has done great work in increasing their recruiting outreach efforts with more recruiters, updated training and new technology and tactics to reach more diverse candidates. The department expanded entry-level testing from Lansing, Detroit and Marquette to also include Saginaw, Muskegon, Flint, and Kalamazoo. And since 2012, the MSP has partici­ pated in 363 recruiting events or job fairs around the state, with nearly three-quarters of these events in urban areas. In an effort to reach potential applicants earlier in life, the MSP is including a recruiting message during youth outreach efforts, including the Michigan Youth Leadership Academy (a mentoring program for youth from distressed communities) and a variety of education programs for elementary students across the state. In addition, the MSP is establishing a cadet program for young men and women between 14-18 years of age to enhance community engagement and increase opportunities for youth involvement with the MSP. The cadet program will first be piloted in Saginaw, but may be adapted for implemen­ tation in other Secure Cities Partnership areas. MSP recruiters are also expanding community partnerships to improve recruitment. They have turned to college and university placement offices to work with student athletes, criminal justice majors and other fields of study where candidates have a desire to serve others. I am also asking our MSP to continue to engage their outreach activities with our Armed Forces and to seek qualified Military Police and Law Enforcement personnel who are being released from active duty to consider careers in the MSP. 2. Engaging with Our Communities Mothers, fathers, children, ministers, teachers, doctors, nurses and business owners of every race and creed must be able to trust those who police their streets. Likewise, our police must know that they have cooperative partners in the community so they can do their jobs effectively. I am proud to report that the MSP is already leading efforts to engage with community leaders in order to strengthen these partnerships. In coordination with the Office of Urban and Metropolitan Initiatives, the MSP has organized three public safety community forums to increase police-community relations. A forum was held in Flint on September 30, 2013, with approximately 150 attendees; in Saginaw on February 10, 2014, with approximately 100 attendees; and in Inkster on October 9, 2014 with approximately 100 attendees. Forums are currently being planned for this summer in Muskegon Heights and Benton Harbor. Community Action United Team In Our Neighborhoods (CAUTION). The MSP has established Community Action United Team In Our Neighborhoods (CAUTION)—a statewide partnership with clergy of all faiths to offer support in critical incidents. Under this program, a city’s clergy are part of a quick response team that provides a calming influence and is a liaison between law enforcement and the community. CAUTION members are trained to help diffuse crises, to provide information to their community and to foster improved communications between citizens and law enforcement. CAUTION was first rolled out in Flint and Saginaw, and today there are approximately 35 CAUTION-trained clergy in these cities. By this summer, CAUTION programs will be established in Inkster, Muskegon Heights, and Benton Harbor. Those members are encouraged to host small community meetings attended by law enforcement to maintain an open dialog where concerns and questions can be discussed. Advocates and Leaders for Police and Community Trust (ALPACT). Nearly 20 years ago, Advocates and Leaders for Police and Community Trust (ALPACT) was formed in Southeast Michigan with leaders and members of the com­ munity, civil rights and civil liberties organizations, and leaders from law enforcement. Members meet regularly to examine issues affecting police and community relations, including community perceptions of discriminatory enforcement of laws, racial profiling, and use of force by police officers. ALPACT members work together to explore strategies to increase opportunities for community partnering and to build stronger foundations for higher levels of community trust of law enforce­ ment. In 2011, the Michigan Department of Civil Rights (MDCR) began expanding the successful ALPACT model to other cities across the state, including in Grand Rapids, Benton Harbor, Flint and Saginaw. Today, the excellent staff at MDCR is working to start ALPACT organizations in four or five more cities. In addition, the MSP Recruiting and Selection Section personnel along with several MSP post commanders attend ALPACT meetings in Detroit, Flint, Saginaw, and Grand Rapids. I’m calling for ALPACT and CAUTION members to work together and coordinate their efforts to foster even greater communication and collaboration among law enforcement and community leaders across our state. 736 JOURNAL OF THE SENATE [May 20, 2015] [No. 48 3. Body Cameras for Law Enforcement Body cameras and other video recording technologies have emerged as valuable tools for law enforcement because they offer the potential to protect both citizens and officers with increased transparency and accountability. The MSP is supportive of these technologies and is working to pilot-test body camera capabilities. The pilot will help identify a camera that fits the MSP’s needs and assist in developing policies to govern use. In deployment of this technology, we want to be mindful of officer and citizen privacy. Additionally, we need to make sure appropriate policies and procedures are in place and officers are trained to properly use the technology. Under my direction, the Council on Law Enforcement and Reinvention (CLEAR) has convened a working group on body cameras, and I look forward to receiving and reviewing their recommendations, which are expected by this summer. IV. Smarter Use of Jails and Prisons Imprisonment plays an important role in our criminal justice system both by deterring crime and separating wrongdoers from society. But putting people in jail or prison is not always the best answer for all criminal behavior. It is unwise to send an individual to jail or prison when an alternative sentence, such as probation with treatment of underlying problems like substance abuse, would better protect our communities at lower cost. Likewise, keeping an individual in prison longer than is necessary wastes taxpayer dollars that could be better spent preventing crimes from happening in the first place. At present we have approximately 43,000 incarcerated persons in the Michigan prison system. The average annual cost to the state for housing a prisoner is approximately $35,000. I am calling for commonsense reforms to ensure that our jails and prisons are used efficiently and appropriately to best serve the public interest and reduce the cost of incarcerating so many people. 1. Pretrial Reform: Better Results, Saving Money Approximately sixty percent of those housed in our county jails have not been convicted of a crime. Many are held before trial even if they don’t pose a serious risk of flight or threat to public safety. As they sit in jail awaiting trial, they risk losing their jobs, their homes, and even their veteran’s benefits. It’s costly for counties to house people in jail, and it’s costly for those individuals. There are steps we can take to identify those who do not need to be held in custody, saving money and achieving better results. Before a defendant goes to trial, risk assessment tools can help judges identify low-risk offenders as they decide whether to release them without bonds, or with pretrial supervision in the form of weekly check-ins and electronic monitoring (which in some cases may be paid for by the defendant). Kent County has done a great job implementing these tools. In Kent, the average stay in jail during the pretrial phase is 75% less than the average of comparable counties without similar programs. This saves money and it improves outcomes for defendants. At sentencing, those who were released from pretrial detention and complied with all of the conditions of release typically receive less harsh sentences than those who have been locked in jail for the entire pretrial phase and have not had an opportunity to show good public behavior to the sentencing judge. In this way, smart pretrial practices lead to better outcomes both before and after sentencing. I encourage all Michigan counties to consider the benefits of devoting resources to engaging in smart pretrial reform using proven risk assessment tools. 2. Diversion: Tools to Help Offenders Succeed Under the right circumstances, diverting a person convicted of a crime away from a prison sentence and into a treatment program is better for the public and the offender. For example, if mental health or substance abuse leads someone to crime, then treating those problems can improve their lives and prevent them from committing new crimes. Some diversion pro­ grams can be designed so the offender can avoid having a permanent criminal record if they complete the program. That makes it easier for them to return to their community as a productive, employable person. Prosecutors and judges will not opt for diversion if they can’t access treatment programs that make sense for eligible defendants. We should take steps to ensure that they have the necessary tools to permit diversion when appropriate. Effective treatment programs are expensive, but it is money well spent if offenders turn their lives around. Money we save with criminal justice reforms should be reinvested back into the “front end” of the process to fund treatment programs that will reduce the impact of crime by preventing it before it happens. Michigan already has some diversion programs in place, administered as stand-alone programs or through problemsolving courts. These courts address substance and alcohol abuse, domestic violence issues, veterans’ issues, and others. Their hallmark is substantial involvement from engaged judges, frequent interaction between the offender and the judge for monitoring, encouragement when things are going well and immediate consequences when they are not. There are also other resources from probation officers, other court officers, and coordination with other service providers to help give the offender every reasonable opportunity to succeed. We should expand the capacity for all courts to implement these processes through better coordination of already available services, partnerships between MDOC and the Michigan Department of Health and Human Services (DHHS), and to remove administrative burdens that otherwise restrict where resources can be placed. Our goal is for as many courts and judges as possible to have the resources of our highly successful problem-solving courts. No. 48] [May 20, 2015] JOURNAL OF THE SENATE 737 It’s a tragedy when Michigan’s youth turn to crime, and it’s an even greater tragedy when they exit our criminal justice system as adults with no good future at all. The Holmes Youthful Trainee Act (HYTA) was enacted in the 1960s to give young offenders between the ages of 17 and 20 an opportunity to plead guilty to their crime and successfully complete a term of supervision or incarceration. In exchange, their offense does not appear on their criminal record. Under HYTA, courts can hold offenders accountable while giving them a second chance to move forward with their lives. Thousands of trainees complete a HYTA sentence each year, which may consist of probation, jail, or time in prison. That’s a good result for our youth and our communities. I intend to sign three new bills that will expand the use of HYTA, while increasing the public safety aspects of this law and reducing the number of non-violent young offenders entering Michigan’s prison system. These bills will expand HYTA eligibility from an offender’s 21st birthday until their 24th birthday, allowing 21-through 23-year olds to plead guilty to a HYTA offense with the consent of the prosecuting attorney. They also require that a HYTA trainee be in school, working, or actively looking for work to maintain this special status. It is important that the use of HYTA prison be reserved for those cases where it is necessary to protect public safety. The new legislation will allow the courts to continue to use prison as an option in certain HYTA cases, but will reduce the maximum sentence by one year, while excluding certain non-violent youthful offenders from being housed in prison under HYTA. The legislative package also includes a new provision that will require that HYTA status automatically be revoked if the offender commits a subsequent serious offense. This provision will help ensure that this law is about providing a second chance to youthful offenders, not providing unlimited chances to those that continue to break the law. 3. Criminal Trials The criminal justice system can only work properly when we have confidence that just verdicts are being reached, resulting in convictions for the appropriate crime when supported by the evidence after a fair trial. Competent and welltrained prosecutors and criminal defense attorneys are necessary to ensure that the system works as intended. Right to Counsel for Low-Income Michiganders. In 2013, I signed Public Acts 93 and 94, to create the permanent Michigan Indigent Defense Commission (MIDC). This legislation marked an important first step for reform so that Michigan may guarantee the constitutional right to counsel for low-income individuals facing criminal charges. The MIDC has started its work to collect data and establish minimum standards to regulate and make the state’s indigent criminal defense systems more efficient. As these standards are enacted, additional funding from the state will be needed in the form of grants administered by the MIDC so that courts may meet the standards and reform our indigent defense system to protect our communities, our tax dollars and the constitutional rights of all Michiganders. I look forward to working with the Legislature to ensure the ongoing success of the Commission’s efforts and I am excited to watch Michigan become the model for other states to follow. Training Funds. Our criminal justice system functions best when prosecutors and defense attorneys are well-trained in best practices and the latest developments in criminal law. In recent years, public funds available to support training for the prosecutors and public defenders who serve the public in our criminal courts has been steadily declining. And this funding is scheduled to be eliminated next year. Training is important because it prevents mistakes from happening. Accordingly, we need to investigate ways to ensure that necessary training for prosecutors and public defenders continues. Helping Exonerees. While we have confidence in our criminal justice system, we know that even the best systems have flaws. Unfortunately, there are instances when innocent people are convicted of crimes they did not commit. Michigan has seen 55 exonerations since 1989 listed on The University of Michigan Law School’s National Registry of Exonerations. Many of those individuals found themselves behind bars because of false accusations, perjured testimony, mistaken identification, or ineffective assistance of counsel. In each case, those individuals were exonerated and set free. As we work to ensure that mistakes like these do not occur in the future, we should also acknowledge that wrongfully accused individuals face unique challenges. Though we can never fully repay them for their hardships, I am calling for legislation that will help exonerees get back on their feet after a wrongful conviction. 4. Sentencing Reform In a report commissioned by the Legislature and the Governor’s Office, the Justice Center of the Counsel of State Governments (CSG) concluded—after an intensive review of Michigan’s criminal sentencing system—that “Michigan can improve its sentencing system to achieve more consistency and predictability in sentencing outcomes, stabilize and lower costs for the state and counties, and direct resources to reduce recidivism and improve public safety.” In 2014 our Legislature enacted some of the policy changes recommended in the report. I urge the Legislature to make additional reforms this term. One reform enacted into law last year was the creation of the Criminal Justice Policy Commission. Most states that have sentencing guidelines also have a sentencing commission to provide ongoing recommendations to the Legislature about the effectiveness and appropriateness of the sentencing guidelines, which may need to be adjusted from time to time as public attitudes shift, new crimes are created, and jails and prisons become more or less crowded. Effective this year, Michigan will have a 17-member Criminal Justice Policy Commission to play this important role. The Commission is charged with the responsibility to collect and analyze data relevant to sentencing practices in Michigan and to make policy recommendations to the Legislature about the sentencing guidelines. Additionally, the Commission is empowered 738 JOURNAL OF THE SENATE [May 20, 2015] [No. 48 to make recommendations to the Legislature about any law, rule, or policy that effects incarceration in Michigan. I am hopeful that the Commission will be able to provide valuable insight to the Legislature leading to the kinds of reforms recommended by CSG and I look forward to receiving the Commission’s recommendations for reform. 5. Probation & Parole Reform Most individuals convicted of crimes do not go to prison but instead are sentenced to probation. This allows these individuals the opportunity to reform their behavior without the major disruption of prison incarceration. But too many probationers end up in prison serving long detentions as sanctions for violations, including technical violations. Michigan spends $250 million annually to confine revoked probationers in prison for sanction periods that average 25 to 37 months. Likewise, our counties spend $57 million annually for probationers revoked to jails for an average sanction period of seven months. The number of revoked probationers returned to prison has been steadily increasing for the past five years. To address the growing cost of revoking probation, the CSG report recommended that Michigan incorporate swift and certain principles in community supervision and set clear parameters around the length of confinement as a response to probation violations. Short and certain periods of detention ordered in response to probation violations are equally or more effective than long probation revocations at much lower cost. Accordingly, I am calling on the Legislature to address the problem of unregulated and inconsistent probation violation sanctions. Placing a 30-day cap on sanctions for the most common kinds of probation violations would save millions every year. These savings could be reinvested in substance abuse and mental health treatment to further reduce the incidence of crime and increase public safety. Also as a result of the work done by the CSG group in 2014, the Legislature has considered a proposal that would have instituted presumptive parole at the earliest release date for inmates determined to have a high probability of success. This reform would result in significant savings without having a substantial negative impact on the rate of recidivism. Money saved paroling those prisoners with a high probability of success could be reinvested at the front end of the criminal justice system with additional resources devoted to treatment to address the root causes of crime and have a much greater positive impact on public safety. 6. Overcriminalization Michigan’s criminal code is one of the longest in the nation with more than 3,000 separate crimes in statute. Most of these crimes have not undergone review since their enactment. The result is a steady increase in the number of criminal laws that impact Michigan’s residents and the penalties that can result. Between 2008 and 2013, Michigan enacted an average of 45 new laws each year, and the average minimum prison sentence increased 8.5 months between 2006 and 2014. These trends cost taxpayers tens of millions of dollars per year and have resulted in nearly 1% of Michigan’s residents being under the supervision of the MDOC at any given time. Discussions have already begun in the Legislature about eliminating redundant and outdated crimes. The initial recom­men­ dations include many laws that have not been enforced in decades. Under our criminal code today, accepting a challenge to a duel is punishable by up to one year in jail. Posting reproachful or contemptuous language about a person who refuses a duel, on the other hand, is a six-month misdemeanor. Other Michigan crimes include singing the Star Spangled Banner with “embellishments,” and promoting walkathons that last more than 12 hours. The work to clean up Michigan’s criminal code must continue. Consideration should also be given to the penalties currently in place for a number of laws that are being routinely enforced. Low-level felonies should be reviewed to determine if they are more appropriately classified as misdemeanors and misdemeanors should be reviewed to determine if they should be civil infractions that would not result in a criminal record. 7. Healthcare Costs One of the biggest cost drivers in our corrections system is health care, and, like health care outside prison walls, some individuals can drive the overall spending in the system. In prison, these can include elderly individuals who have severe and expensive health conditions, like cancer, and in many cases will die behind the prison walls from their illnesses. Now these can be individuals who have committed horrible crimes and they should not be paroled, but their illnesses have left them debilitated and they require constant expensive care, which is funded solely by our general fund. As such, I want to partner with the Legislature to examine this unique issue to try to make reforms that can save taxpayers resources by trying to find the best unique setting or settings for these individuals. Additionally, within the next month we will be rebidding our prison health care services. Today mental health and physical health services are managed separately, but we will now insist that we integrate care behind the walls. This reform combined with the ability to enroll these individuals into health care programs, like Healthy Michigan, when they leave prison will ensure that there is a continuum of care for these individuals so they can have access to health care services that will aid in their transition to society. V. Reforming Prison Inmates for Successful Reentry into Society Most offenders who enter prison will eventually be released back into society. It is in everyone’s best interest to use the time prisoners spend in prison to train them in skills that will help them find employment. A prisoner released from confinement without any skills or ability to earn an honest living is more likely to commit additional crimes than a prisoner who has the ability to secure employment and be productive. For vocational training of prisoners to work, it must be designed to provide inmates with skills that are in demand in Michigan. By devoting resources to smart reentry programs, we can substantially improve the likelihood that persons released from prison will not return. No. 48] [May 20, 2015] JOURNAL OF THE SENATE 739 1. Prisoner Reentry For too many ex-offenders, returning to prison is the norm, not the exception. Three of every ten offenders released from prison in Michigan are likely to return within three years. While we’ve made improvements with our prisoner reentry programs, we can do better. Recidivism is costly. Victims suffer at the hands of criminals who re-offend; families of those offenders suffer as their loved ones return to prison; and all of us pay the price of incarcerating repeat offenders over again. In total, recidivism costs the MDOC over $150 million per year. If the recidivism rate dropped from 29% down to 24%, Michigan would be in a position to close a prison, which would save tax payers approximately $35 million per year. Myriad factors contribute to an ex-offender’s return to crime, but one key factor is whether they have a job. Today, Michigan’s economy is on the upswing as more and better jobs are being created. Our unemployment rate is at its lowest level since 2001 and 400,000 private sector jobs have been created since December 2010. Meanwhile, there are 95,000 available jobs in Michigan on MiTalent.org. Our economy is growing, and employers need skilled employees. As offenders serve their time and pay their debt to society, let’s work to make sure they’re qualified for employment when they leave prison. Some Michigan companies have recognized the benefit of viewing ex-offenders as a source of skilled, motivated workers. Cascade Engineering and Butterball Farms have set the tone in West Michigan by hiring many of these returning citizens. And Sakthi Automotive is now leading the way in Southeast Michigan. The MDOC first engaged with Sakthi Automotive to highlight its vocational CNC and machining programs, which are producing employees ready to work on the first day. Sakthi interviewed ten parolees and hired four on the spot. Within the first week, these four employees were producing parts 30% faster than employees hired off the street. Now Sakthi has asked for thirty additional resumes and plans to hire twenty more workers trained by the MDOC. This is a success story for the individual workers, the company, and all of Michigan. Rather than by relying on government benefits or resorting to new criminal activity, these returning citizens have reentered the mainstream of the river of opportunity. Despite these success stories, vocational training in prison too often falls short. We can do better. That’s why I’m calling for reform in our reentry system and a smarter effort to educate prisoners, connect them with job opportunities, and pre­ pare them for life outside the prison walls. The first step to reducing recidivism and preparing offenders for the workforce is to build an infrastructure for success through which we systematically identify the skills that are needed for the jobs that are available and create the capacity to train prisoners for employment. To that end, I’m directing the newly created Talent Investment Agency (TIA) to provide quarterly job-demand data to the MDOC and work with employers to identify specific occupational demands that aren’t being met by our existing workforce. I’m also calling for TIA and the MDOC, together, to: • Bring local employment service activities into the prison system as the entry point in connecting career pathways. • Create partnerships with private industry to design and support targeted vocational training; • Partner with the Michigan’s Career Tech Prep and TIA to develop contextualized education programs for inmates, allowing offenders to prepare for GED completion while learning valuable vocational skills; and provide wraparound services to hire ex-offenders, including the placement of a parole officer at a workplace if a sufficient number of ex-offender employees are present. Though offenders today may receive education and job training in our corrections facilities, the MDOC does not have systems in place to ensure that prisoners are preparing for a successful re-entry from day one or that training is completed before offenders are released. In addition to current intake practices, all incoming prisoners should receive a standardized employment skill and aptitude assessment during intake so we know what skills they have, what skills they need, and how to put them on the right track. That assessment should be used to create an individual employment plan to be reviewed with each inmate. The MDOC should also make all reasonable efforts to place inmates in a facility where the needed and appropriate training is available. We should also take steps to improve the quality of training so inmates are truly prepared for real-world employment and life outside prison—that means hands-on skilled trades training and learning what it means to earn a wage, keep a job, pay bills, find housing, follow the law, and understand that actions have consequences. The MDOC and TIA should work to develop partnerships with employers to provide qualified inmates who have completed vocational training with opportunities to actually work in a skilled trade and earn a market-rate wage that could go toward victim restitution. Doing so would help inmates develop a work ethic while helping to repay victims and society. The job of putting an offender on the right track doesn’t end when they leave the prison walls. In addition to finding employment, they need proper legal documents like Social Security cards, suitable housing, transportation and access to health care— the absence of which could increase the odds that ex-offenders return to a life of crime, harming victims and costing taxpayers. To help an offender smoothly transition back to society, I’m directing MDOC to ensure that prisoners have all vital documents necessary to begin employment at the day of release. The process for collecting these documents should begin at intake. The MDOC should also connect ex-offenders with all necessary and available services upon release, such as Medicaid or VA services. 740 JOURNAL OF THE SENATE [May 20, 2015] [No. 48 2. Certificate of Employability Many parolees with job skills and a desire to work are still finding it difficult to secure employment upon release from prison. Last year, Michigan enacted a Certificate of Employability law that will help qualified parolees secure employment within their communities. Now all parolees leaving prison receive a document to share with potential employers that describes their offense and the steps they took while incarcerated to prepare for release and employment. This document, which contains information about the offender’s educational and vocational programming, their behavior in prison, and reports from their supervisors, will allow employers to better ascertain the qualifications of offenders lacking a work history or references from their time prior to incarceration. This information will help guide the hiring decisions of employers and hopefully help eliminate the stigma of hiring returning citizens. Certain qualified parolees also receive a second document, called a “Certificate of Employability,” which is issued only to those parolees who have successfully completed a vocational skills program, maintained an exemplary conduct record while in prison, and completed a nationally recognized job skills assessment at a level where a National Career Readiness Certificate can be issued. Under the new law, an employer that hires a parolee with a “Certificate of Employability” is protected from lawsuits related to the hiring of an employee with a criminal record. 3. Prison Rape Elimination Act While we work to make prisoners’ time behind bars more productive, it is imperative that we also take the steps necessary to make Michigan’s prisons as safe as possible. In 2014, pursuant to the Prison Rape Elimination Act (PREA), the Department of Justice promulgated national standards to move American prisons toward a goal of zero tolerance for prison rape. Like the majority of other states, Michigan is committed to becoming PREA compliant. Rape and abuse in our prisons cannot be tolerated. Last week I certified to the Department of Justice that Michigan will continue working towards the national zero tolerance standard. Over the past year, the MDOC has taken a number of steps toward PREA compliance. It has moved all male prisoners under the age of 18 to a single facility where they live and complete programming with sight and sound separation from adult prisoners. This allows the MDOC to protect this population while focusing on their specific needs, such as GED completion. The MDOC has begun screening all offenders to ensure that prisoners that may pose a threat to other prisoners are not housed with prisoners that could be victimized. In total, the MDOC has invested over $10 million in physical plant upgrades and staff training to become compliant with PREA. This training now totals more than 70,000 hours for staff that has direct contact with prisoners in MDOC facilities. VI. Ensuring a Juvenile Justice System that Works for Michigan’s Children The best opportunity to secure Michigan’s communities is to secure the future of Michigan’s children. More than any other type of offender, it is critical that we work to divert juveniles from the criminal justice system, properly assess the risks and needs of juvenile offenders to ensure the right type and amount of treatment, treat the underlying causes of their behavior, and invest in high-quality, community-based treatment that will better prepare young offenders for long-term success. Michigan’s juvenile justice system is largely run at the county level. As a result, we have essentially 83 different juvenile justice systems in Michigan. This provides many benefits, such as promoting innovation and allowing local decision-makers to invest in treatment that makes the most sense for their residents. But this system also poses challenges for consistency and accountability of treatment programs statewide. Removing a juvenile offender from their home and community to place them in a residential treatment facility should be a last resort. Diversion programs keep children out of the juvenile justice system entirely by avoiding an adjudication that would result in a criminal record. Likewise, community-based programming—where available—is generally more effective and less expensive than residential placement. Accordingly, I call on the Legislature to consider amending the Juvenile Diversion Act to encourage diversion as the default placement when appropriate based on needs and risk assess­ ments. We know that a number of youth do not receive the most appropriate placements or the right type or amount of treatment. It is not uncommon for Michigan youth to experience multiple failed placements, resulting in less effective and costlier treatment. Failed placements can be detrimental and disruptive to youth, contributing to additional misconduct. It is crucial that we use the tools at our disposal to properly treat juvenile offenders the first time they come into contact with the system. We can be more successful at diversion and placement in treatment programs by using high quality assessments to identify and treat underlying issues that, left untreated, are likely to result in continued criminal behavior. For this reason, it is imperative that quality assessments guide treatment and placement decisions for juvenile offenders. While many counties are using quality assessments to guide treatment, others are not. Too often, placement decisions are driven by anecdotal experience or the cost of treatment. Improper placements lead to poor outcomes for our youth and waste money. A number of best-practice and evidence-based assessment tools exist that can guide treatment decisions. Use of these assessment tools results in more appropriate placements at the outset. Accordingly, I encourage all counties to use bestpractice or evidence-based assessment tools to guide placement decisions. To assist in these efforts, I am asking the DHHS to work with local stakeholders to identify a list of best practice and evidence based tools that counties can adopt. Tools like the Michigan Juvenile Justice Assessment System (MJJAS), currently used by the department, are evidence-based No. 48] [May 20, 2015] JOURNAL OF THE SENATE 741 and can be made available to counties at no cost. It is not essential that all counties use the same assessment tool, but it is critical that quality assessments are being used to determine treatment. Quality treatment options must also be available to support the needs identified when a juvenile is assessed. Unfortunately, that is not the case today. Some counties may have only a handful of juvenile offenders in a given year and as a result are unable to maintain high quality community-based and in-home treatment programs. This is more often the case in our rural communities. Other counties may face fiscal challenges that make it difficult for them to commit funds to the start-up costs necessary install new treatment systems. In order to ensure a basic standard of quality care across Michigan, we must acknowledge the gaps of service that exist. As a state, we should take steps to ensure that all treatment programs— especially those which are funded in part by the state—meet basic quality standards. At a minimum, all programming for youthful offenders should be evidence-based or based on promising practices. That is why I am tasking the DHHS to work with local courts and counties to identify gaps in service in our state and to design a grant program that would allow for the development of a more robust network of community-based programs and in-home care in these areas. I applaud the Legislature for their previous work in this area and look forward to partnering to continue the work. Finally, we need to do a better job tracking outcomes in the juvenile justice system to understand what approaches to juvenile justice produce the best results. State and county partners invest significant funds into the juvenile justice system each year. Both are working toward the same outcomes, increased public safety and rehabilitated young offenders. However, it is currently not possible to measure the efficacy of juvenile justice programming on recidivism, education outcomes or community public safety. This must change. I am tasking the DHHS to develop and include quality metrics in all future juvenile justice provider contracts, including but not limited to (1) recidivism, (2) number of placements, (3) length of stay, and (4) cost. Additionally, I’m tasking the DHHS to work with the State Court Administrative Office and the Michigan County Court Administrators to develop recommendations related to sharing of county juvenile justice data related to outcomes. These changes are important because of the people that they affect, people like Alex and his family. Alex was in high school when he was arrested for shoplifting. An assessment showed that he wasn’t a safety risk and that he had a number of issues that needed to be addressed. He was referred to counseling and numerous community-based programs. He was angry at first and informed the counselor that she would get rid of him like everyone else had. Alex did his best to push the counselor away, refusing to complete his treatment requirements, twice. He waited to be kicked out of the program and in some counties he would have been. But the counselor refused to give up on Alex. Together they identified a new set of treatment programs and goals, including a shoplifting remediation program, employment and steps to reconcile with those he’d hurt. This time, Alex completed the treatment. Since his completion, he has rebuilt a relationship with his mom, maintained employment and is doing great. Alex’s story could have been different if there was no assessment and no available treatment. Thankfully, many counties have already begun the hard work to improve our juvenile justice system and Livingston County, where Alex is from, is one of those counties. By developing a consistent process for quality assessments, investing in proven programs that take a whole-family approach and building strong local partnerships, Livingston has demonstrated how common-sense reforms and strong partnerships can make a big difference. The results have been dramatic. The number of days Livingston County youth were placed out of home was reduced from 12,827 days in 2011 to 4,393 days in 2014, for a 66% reduction. This means youth and families are receiving the support and treatment they need while still in their home, family, neighborhood and school. The resulting savings to both county and state have also been impressive. The annual cost reduction in Livingston County in 2014, as compared to 2011, was over $900,000, with the state and county sharing equally in the savings. The cumulative savings in just the first three years was over $2.1 million. We must continue to innovate, invest and work together to improve long-term outcomes for our juveniles and our communities. Truancy Update. One of the most important risk factors for youth and crime is school attendance. Numerous studies have shown that being absent from school as a child greatly increases the likelihood of committing crimes as an adult. In my 2012 message on public safety I called on state government and community partners to address the problem of truancy. Significant progress has been made on the issue since then. Among other collaborative efforts to combat truancy, the Pathways to Potential program within the DHHS has placed “Success Coaches” in 219 schools to address barriers to self-sufficiency, with a special focus on reducing absenteeism. In the 2013-2014 school year, schools with Success Coaches in the Pathways to Potential program saw an average decrease in chronic absenteeism of 33.91%. In large measure, these good results have been achieved simply by paying attention to when and why kids miss school and then helping families address the underlying barriers to school attendance. If we can keep kids in school, we’re keeping them out of prison. That makes for a stronger community, too. Michigan can strengthen our efforts to combat truancy by enacting legislation that will establish a statewide definition of truancy, place an emphasis on early intervention into absenteeism, and reform zero tolerance policies that sometimes do more harm than good. Too often, zero tolerance laws have the unintended effect of taking our children out of school and putting them into the juvenile justice system. 742 JOURNAL OF THE SENATE [May 20, 2015] [No. 48 VII. Preventing Crime with Stronger Communities I n this message, I have called for reforms to our criminal justice system so we can more effectively protect victims and prevent criminals from committing new crimes. That is what the criminal justice system is designed to do—police apprehend suspects, prosecutors charge the accused, judges and juries find guilt, and prisons punish, detain and attempt to reform the guilty. Though our system is intended to deter crime by swiftly and justly punishing the guilty, crime remains. We see a cycle of violence where many of our children go from the classroom to the prison cell, never knowing what it means to lead a productive life. The consequences are plain to see in Michigan’s most challenged cities. No matter how good our criminal justice system is, if we don’t solve the root causes of crime, crimes will continue to occur. The criminal justice system can only do so much—usually only after a crime occurs. That doesn’t mean we shouldn’t work to make our criminal justice system better. Working together, we can achieve great results. But if we care about preventing someone from committing their first crime, we have to change the environment that leads them to it. At the state level, we have undertaken efforts to make that environment better. With the Healthy Michigan Plan, nearly 600,000 low-income Michiganders now have access to health care that they didn’t have before, including treatment for mental health. This removes one more barrier for our fellow citizens to find a job, and that means less of a reason to turn to crime. We also know that highly concentrated poverty is correlated to crime in our communities. The Michigan State Housing Development Authority, working with the federal government, has undertaken an initiative to decrease the concentration of poverty by encouraging those with housing vouchers to choose better neighborhoods. If recipients exercise that choice, they will have an opportunity to live in more stable communities with better outcomes—hopefully resulting in less crime. In 2012, the Department of Natural Resources created the Summer Youth Employment Initiative to engage at-risk youth, ages 16 to 19 years old, in the four urban areas in Michigan with the highest crime rate—Flint, Saginaw, Pontiac and Detroit. This program exposes youngsters to the great outdoors, gives them work experience, and provides them direction. It’s one way to help mentor our youth so they focus on positive goals instead of reverting to crime. After the first two summers, nearly 40 percent of the participants have secured employment or gone on to college. We all have a role to play, and I am calling on our state departments to consider how they can better serve their customers - and our state - by helping to improve the environment in our communities so that together we can break the cycle of crime before it starts. VIII. Conclusion When a crime is committed, it is up to the criminal justice system to step in and fulfill its obligation of protecting the public, punishing the guilty and reforming offenders so they do not commit crimes again. We can make that system smarter and better when we can treat the causes of crime. With successful implementation of the recommended reforms, we can make Michigan stronger and a safer place to live. The message was referred to the Secretary for record. Messages from the House The House of Representatives returned, in accordance with the request of the Senate House Bill No. 4075, entitled A bill to amend 1895 PA 161, entitled “An act to require county treasurers to furnish transcripts and abstracts of records, and fixing the fees to be paid therefor,” by amending section 1 (MCL 48.101), as amended by 1984 PA 291. Senator Kowall moved that rule 3.311 be suspended to permit reconsideration of the vote by which the bill was passed. The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved to reconsider the vote by which the bill was passed. The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved that the bill be referred to the Committee of the Whole and placed on the General Orders calendar for consideration today. The motion prevailed. enator Kowall moved that rule 3.202 be suspended to permit immediate consideration of the following bills: S Senate Bill No. 115 Senate Bill No. 118 Senate Bill No. 119 Senate Bill No. 122 No. 48] [May 20, 2015] JOURNAL OF THE SENATE 743 Senate Bill No. 124 Senate Bill No. 125 Senate Bill No. 128 Senate Bill No. 131 Senate Bill No. 132 Senate Bill No. 133 The motion prevailed, a majority of the members serving voting therefor. Senate Bill No. 115, entitled A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1). The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows: Roll Call No. 196 Yeas—1 Green Nays—35 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Gregory Jones Pavlov Zorn Hansen Knezek Proos Excused—2 Smith Young Not Voting—0 In The Chair: President Senate Bill No. 118, entitled A bill to make appropriations for the department of community health for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1). The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows: 744 Roll Call No. 197 JOURNAL OF THE SENATE [May 20, 2015] [No. 48 Yeas—0 Nays—35 Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Rocca Brandenburg Hood MacGregor Schmidt Casperson Hopgood Marleau Schuitmaker Colbeck Horn Meekhof Shirkey Emmons Hune Nofs Stamas Green Johnson O’Brien Warren Gregory Jones Pavlov Zorn Hansen Knezek Proos Excused—2 Smith Young Not Voting—1 Ananich In The Chair: President enator Hood moved that Senator Ananich be temporarily excused from the balance of today’s session. S The motion prevailed. Senate Bill No. 119, entitled A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1). The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows: Roll Call No. 198 Yeas—0 Nays—35 Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Rocca Brandenburg Hood MacGregor Schmidt Casperson Hopgood Marleau Schuitmaker Colbeck Horn Meekhof Shirkey Emmons Hune Nofs Stamas Green Johnson O’Brien Warren Gregory Jones Pavlov Zorn Hansen Knezek Proos No. 48] [May 20, 2015] JOURNAL OF THE SENATE 745 Excused—3 Ananich Smith Young Not Voting—0 In The Chair: President Senate Bill No. 122, entitled A bill to make appropriations for the legislature, the judiciary, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, and certain state purposes related thereto for the fiscal year ending September 30, 2016; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1). The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows: Roll Call No. 199 Yeas—0 Nays—35 Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Rocca Brandenburg Hood MacGregor Schmidt Casperson Hopgood Marleau Schuitmaker Colbeck Horn Meekhof Shirkey Emmons Hune Nofs Stamas Green Johnson O’Brien Warren Gregory Jones Pavlov Zorn Hansen Knezek Proos Excused—3 Ananich Smith Young Not Voting—0 In The Chair: President Senate Bill No. 124, entitled A bill to make appropriations for the department of human services for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1). The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows: 746 JOURNAL OF THE SENATE [May 20, 2015] Roll Call No. 200 [No. 48 Yeas—0 Nays—35 Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Rocca Brandenburg Hood MacGregor Schmidt Casperson Hopgood Marleau Schuitmaker Colbeck Horn Meekhof Shirkey Emmons Hune Nofs Stamas Green Johnson O’Brien Warren Gregory Jones Pavlov Zorn Hansen Knezek Proos Excused—3 Ananich Smith Young Not Voting—0 In The Chair: President Senator Young entered the Senate Chamber. Senate Bill No. 125, entitled A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1). The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows: Roll Call No. 201 Yeas—0 Nays—36 Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Rocca Brandenburg Hood MacGregor Schmidt Casperson Hopgood Marleau Schuitmaker Colbeck Horn Meekhof Shirkey Emmons Hune Nofs Stamas Green Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Excused—2 Ananich Smith No. 48] [May 20, 2015] JOURNAL OF THE SENATE 747 Not Voting—0 In The Chair: President Senate Bill No. 128, entitled A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1). The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows: Roll Call No. 202 Yeas—0 Nays—36 Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Rocca Brandenburg Hood MacGregor Schmidt Casperson Hopgood Marleau Schuitmaker Colbeck Horn Meekhof Shirkey Emmons Hune Nofs Stamas Green Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Excused—2 Ananich Smith Not Voting—0 In The Chair: President Senate Bill No. 131, entitled A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1). The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows: Roll Call No. 203 Yeas—0 Nays—36 Bieda Booher Hertel Knollenberg Robertson Hildenbrand Kowall Rocca 748 JOURNAL OF THE SENATE [May 20, 2015] Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Johnson Gregory Jones Hansen Knezek [No. 48 MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Excused—2 Ananich Smith Not Voting—0 In The Chair: President Senate Bill No. 132, entitled A bill to make appropriations for the department of transportation for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1). The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows: Roll Call No. 204 Yeas—0 Nays—36 Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Rocca Brandenburg Hood MacGregor Schmidt Casperson Hopgood Marleau Schuitmaker Colbeck Horn Meekhof Shirkey Emmons Hune Nofs Stamas Green Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Excused—2 Ananich Smith In The Chair: President Not Voting—0 No. 48] [May 20, 2015] JOURNAL OF THE SENATE 749 Senate Bill No. 133, entitled A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2016 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1). The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows: Roll Call No. 205 Yeas—0 Nays—36 Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Rocca Brandenburg Hood MacGregor Schmidt Casperson Hopgood Marleau Schuitmaker Colbeck Horn Meekhof Shirkey Emmons Hune Nofs Stamas Green Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Excused—2 Ananich Smith Not Voting—0 In The Chair: President By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following concurrent resolution be postponed for today: S House Concurrent Resolution No. 3 The motion prevailed. enate Resolution No. 50. S A resolution to proclaim May 17-23, 2015, as AMBER Alert Awareness Week. The question being on the adoption of the resolution, The resolution was adopted. enator Schmidt offered the following resolution: S Senate Resolution No. 60. A resolution to recognize May 2015 as Bike Month. Whereas, An estimated 2 million Michiganders ride bicycles because they are a viable and environmentally-sound form of transportation and recreation, an excellent form of fitness, and help improve quality of life and sense of place; and 750 JOURNAL OF THE SENATE [May 20, 2015] [No. 48 Whereas, Thousands of people throughout Michigan will experience the joys of bicycling during the month of May, through educational programs, commuting events, trail work days, helmet promotions, and charity rides; and Whereas, In 2015, thousands of cyclists from across the country will participate in hundreds of organized Michigan cycling events to experience our beautiful scenery, many parks, attractions, and historic sites; and Whereas, A Michigan Department of Transportation study recently reported that cycling tourists provide $668 million per year in economic benefit to Michigan’s economy, including employment, retail revenue, tourism expenditure, and increased health and productivity; and Whereas, Bicyclists are recognized as legitimate roadway users. Teaching bicyclists and motorists to share the road is important to ensure the safety and comfort of all users; and Whereas, Michigan has the most Complete Streets efforts in the nation, with more than 96 local ordinances, resolutions, and policies that ensure bicyclists will be accommodated in future transportation projects; and Whereas, Michigan is known as the No. 1 trail state, with the greatest number of rail-trail mileage at more than 2,700 miles, along with 1,600 miles of looped mountain biking trails on state-managed lands, in addition to the internationally-recognized mountain biking trail network in Copper Harbor; and Whereas, Ranked as the 14th most Bicycle Friendly State by the League of American Bicyclists, Michigan has 10 recognized Bicycle Friendly Communities, 4 Bicycle Friendly Universities, and 17 Bicycle Friendly Businesses; and Whereas, This state has over 200 bicycle shops, 70 bike clubs, and 30 bicycle-related industries; and Whereas, Michigan has three officially designated cross state U.S. Bicycle Routes (USBR), totaling more than 1,000 miles, and was the first state in the country to have newly-designated north-south and east-west USBRs; and Whereas, Through education and events such as the IRide, Ability Tour, and Celebration of Cycling, Michigan is the leader of inclusive cycling opportunities which demonstrate everyone can ride; and Whereas, Michigan’s own Horatio Earle led the Good Roads Movement that banded millions of American bicyclists together to promote safer cycling, which resulted in the creation of the Michigan State Highway Department (now Michigan Department of Transportation) and Woodward Avenue becoming the first mile of concrete highway in the world; and Whereas, The month of May has been declared National Bike Month by the League of Michigan Bicyclists, Michigan Trails and Greenways Alliance, Michigan Mountain Biking Association, and Programs to Educate All Cyclists, to increase awareness about bicycling opportunities through organized activities such as bike-to-work days and bicycle rodeos for children; now, therefore, be it Resolved by the Senate, That the members of this legislative body recognize May 2015 as Bike Month in the state of Michigan; and be it further Resolved, That a copy of this resolution be transmitted to Secretary of State Ruth Johnson. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Gregory, Hansen, Hood, Hopgood, Knollenberg, Kowall, MacGregor, Marleau, O’Brien, Pavlov, Proos, Rocca, Warren and Zorn were named co‑sponsors of the resolution. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:39 a.m. 11:30 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senator Ananich entered the Senate Chamber. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the following bill be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 103 The motion prevailed. No. 48] [May 20, 2015] JOURNAL OF THE SENATE 751 The following bill was read a third time: Senate Bill No. 103, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1249 and 1249a (MCL 380.1249 and 380.1249a), section 1249 as amended by 2014 PA 257 and section 1249a as added by 2011 PA 102, and by adding sections 1249b and 1531j; and to repeal acts and parts of acts. The question being on the passage of the bill, Senator O’Brien offered the following amendments: 1. Amend page 8, line 14, after “YEAR,” by striking out “THE” and inserting “A SCHOOL DISTRICT, INTERMEDIATE SCHOOL DISTRICT, OR PUBLIC SCHOOL ACADEMY SHALL ENSURE THAT ITS EVALUATION TOOL OR TOOLS FOR TEACHERS MEET ALL OF THE FOLLOWING: (i) ARE DESIGNED, TESTED, AND CALIBRATED USING EMPIRICAL RESEARCH ON EFFECTIVE PEDAGOGY PRACTICE AND STUDENT LEARNING. (ii) ARE DEVELOPED BY AUTHORS WITH EXPERTISE IN EVALUATING TEACHERS. ANY LOCAL ADAPTATION OR MODIFICATION OF AN EVALUATION TOOL OR TOOLS MUST ALSO BE DEVELOPED BY AUTHORS WITH EXPERTISE IN EVALUATING TEACHERS. (iii) THERE IS DEMONSTRATED EVIDENCE OF RELIABILITY, VALIDITY, AND EFFICACY OR A PLAN IN PLACE FOR COLLECTING THAT EVIDENCE. (G) THE” and relettering the remaining subdivisions. 2. Amend page 20, line 25, after “DIRECTORS.” by inserting “A SCHOOL DISTRICT, INTERMEDIATE SCHOOL DISTRICT, OR PUBLIC SCHOOL ACADEMY SHALL ENSURE THAT ITS EVALUATION TOOL OR TOOLS FOR SCHOOL ADMINISTRATORS MEET ALL OF THE FOLLOWING: (i) ARE DESIGNED, TESTED, AND CALIBRATED USING EMPIRICAL RESEARCH ON EFFECTIVE ADMINISTRATIVE PRACTICE AND STUDENT LEARNING. (ii) ARE DEVELOPED BY AUTHORS WITH EXPERTISE IN EVALUATING SCHOOL ADMINISTRATORS. ANY LOCAL ADAPTATION OR MODIFICATION OF AN EVALUATION TOOL OR TOOLS MUST ALSO BE DEVELOPED BY AUTHORS WITH EXPERTISE IN EVALUATING SCHOOL ADMINISTRATORS. (iii) THERE IS DEMONSTRATED EVIDENCE OF RELIABILITY, VALIDITY, AND EFFICACY OR A PLAN IN PLACE FOR COLLECTING THAT EVIDENCE.”. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 206 Ananich Bieda Gregory Hertel Hood Yeas—18 Hopgood Nofs Schuitmaker Horn O’Brien Warren Johnson Robertson Young Jones Rocca Zorn Knezek Nays—19 Booher Brandenburg Casperson Colbeck Emmons Green Kowall Proos Hansen MacGregor Schmidt Hildenbrand Marleau Shirkey Hune Meekhof Stamas Knollenberg Pavlov Excused—1 Smith 752 JOURNAL OF THE SENATE [May 20, 2015] [No. 48 Not Voting—0 In The Chair: Schuitmaker Senator O’Brien offered the following amendment: 1. Amend page 4, line 6, after “ADMINISTERED,” by inserting “AND FOR WHICH STUDENT GROWTH AND ASSESSMENT DATA FROM THE STATE ASSESSMENT ARE AVAILABLE FOR THE MOST RECENT 3-CONSECUTIVE-SCHOOL-YEAR PERIOD,”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was adopted, a majority of the members serving voting therefor, as follows: Roll Call No. 207 Yeas—20 Ananich Hertel Bieda Hood Casperson Hopgood Emmons Horn Gregory Johnson Jones Rocca Knezek Schuitmaker Nofs Warren O’Brien Young Robertson Zorn Nays—17 Booher Hildenbrand MacGregor Proos Brandenburg Hune Marleau Schmidt Colbeck Knollenberg Meekhof Shirkey Green Kowall Pavlov Stamas Hansen Excused—1 Smith Not Voting—0 In The Chair: Schuitmaker Senator Pavlov offered the following amendments: 1. Amend page 20, line 26, after “ANNUAL” by striking out “YEAR-END”. 2. Amend page 21, line 1, after “ANNUAL” by striking out the balance of the line through “END” on line 2. 3. Amend page 21, line 4, after “ANNUAL” by striking out “YEAR-END”. 4. Amend page 21, line 10, after “ANNUAL” by striking out “YEAR-END”. 5. Amend page 22, line 27, after “ANNUAL” by striking out the balance of the line through “END” on line 1 of page 23. 6. Amend page 23, line 4, after “ANNUAL” by striking out “YEAR-END”. 7. Amend page 23, line 11, after “ANNUAL” by striking out “YEAR-END”. 8. Amend page 23, line 14, after “ANNUAL” by striking out “YEAR-END”. 9. Amend page 23, line 16, by striking out “YEAR-END”. 10. Amend page 23, line 18, after “BIENNIAL” by striking out “YEAR-END”. No. 48] [May 20, 2015] JOURNAL OF THE SENATE 753 11. Amend page 23, line 19, after “ANNUAL” by striking out “YEAR-END”. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Kowall moved to reconsider the vote by which the amendments were not adopted. The motion prevailed. The question being on the adoption of the amendments, The amendments were adopted, a majority of the members serving voting therefor. Senator Knezek offered the following amendments: 1. Amend page 9, line 18, after “employment.” by inserting “HOWEVER, THIS SUBDIVISION APPLIES ONLY IF THE 3 CONSECUTIVE ANNUAL YEAR-END EVALUATIONS ARE CONDUCTED USING THE SAME EVALUATION TOOL AND UNDER THE SAME PERFORMANCE EVALUATION SYSTEM.”. 2. Amend page 23, line 7, after “employment.” by inserting “HOWEVER, THIS SUBDIVISION APPLIES ONLY IF THE 3 CONSECUTIVE ANNUAL YEAR-END EVALUATIONS ARE CONDUCTED USING THE SAME EVALUATION TOOL AND UNDER THE SAME PERFORMANCE EVALUATION SYSTEM.”. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 208 Yeas—15 Ananich Hood Knezek Schuitmaker Bieda Hopgood Nofs Warren Gregory Johnson O’Brien Young Hertel Jones Rocca Nays—22 Booher Hansen MacGregor Robertson Brandenburg Hildenbrand Marleau Schmidt Casperson Horn Meekhof Shirkey Colbeck Hune Pavlov Stamas Emmons Knollenberg Proos Zorn Green Kowall Excused—1 Smith Not Voting—0 In The Chair: Schuitmaker Senator Knezek offered the following amendments: 1. Amend page 8, following line 1, by inserting: “(vi) A SCHOOL DISTRICT, INTERMEDIATE SCHOOL DISTRICT, OR PUBLIC SCHOOL ACADEMY SHALL ENSURE THAT AN INDIVIDUAL ACTING AS AN OBSERVER RECEIVES TRAINING FROM THE VENDOR OF THE EVALUATION TOOL, OR FROM A TRAINER CERTIFIED BY THE VENDOR, ON 754 JOURNAL OF THE SENATE [May 20, 2015] [No. 48 USING THE EVALUATION TOOL THAT IS USED BY THE SCHOOL DISTRICT, INTERMEDIATE SCHOOL DISTRICT, OR PUBLIC SCHOOL ACADEMY. A SCHOOL DISTRICT, INTERMEDIATE SCHOOL DISTRICT, OR PUBLIC SCHOOL ACADEMY SHALL ENSURE THAT AN INDIVIDUAL ACTING AS AN OBSERVER RECEIVES TRAINING AT LEAST ONCE EVERY 3 YEARS IN COACHING, PROVIDING FEEDBACK, AND RATER RELIABILITY.”. 2. Amend page 21, following line 9, by inserting: “(C) A SCHOOL DISTRICT, INTERMEDIATE SCHOOL DISTRICT, OR PUBLIC SCHOOL ACADEMY SHALL ENSURE THAT AN INDIVIDUAL ACTING AS AN EVALUATOR RECEIVES TRAINING FROM THE VENDOR OF THE EVALUATION TOOL, OR FROM A TRAINER CERTIFIED BY THE VENDOR, ON USING THE EVALUATION TOOL THAT IS USED BY THE SCHOOL DISTRICT, INTERMEDIATE SCHOOL DISTRICT, OR PUBLIC SCHOOL ACADEMY. A SCHOOL DISTRICT, INTERMEDIATE SCHOOL DISTRICT, OR PUBLIC SCHOOL ACADEMY SHALL ENSURE THAT AN INDIVIDUAL ACTING AS AN EVALUATOR RECEIVES TRAINING AT LEAST ONCE EVERY 3 YEARS IN COACHING, PROVIDING FEEDBACK, AND RATER RELIABILITY.” and relettering the remaining subdivisions. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 209 Yeas—15 Ananich Hood Knezek Schuitmaker Bieda Hopgood Nofs Warren Gregory Johnson O’Brien Young Hertel Jones Rocca Nays—22 Booher Hansen MacGregor Robertson Brandenburg Hildenbrand Marleau Schmidt Casperson Horn Meekhof Shirkey Colbeck Hune Pavlov Stamas Emmons Knollenberg Proos Zorn Green Kowall Excused—1 Smith Not Voting—0 In The Chair: Schuitmaker Senator Knezek offered the following amendment: 1. Amend page 10, line 9, after the second “superintendent,” by inserting “DEPARTMENT,”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: No. 48] Roll Call No. 210 Ananich Bieda Gregory [May 20, 2015] JOURNAL OF THE SENATE 755 Yeas—12 Hertel Hood Hopgood Johnson Rocca Jones Warren Knezek Young Nays—25 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Knollenberg O’Brien Shirkey Emmons Kowall Pavlov Stamas Green MacGregor Proos Zorn Hansen Excused—1 Smith Not Voting—0 In The Chair: Schuitmaker Senator Knezek offered the following amendments: 1. Amend page 15, line 11, after “measures” by inserting “OR OTHER MEANS OF ADJUSTING FOR PREVIOUS STUDENT GROWTH AND ASSESSMENT DATA AND OTHER FACTORS THAT IMPACT STUDENT PERFORMANCE”. 2. Amend page 24, line 5, after “MEASURES” by inserting “OR OTHER MEANS OF ADJUSTING FOR PREVIOUS STUDENT GROWTH AND ASSESSMENT DATA AND OTHER FACTORS THAT IMPACT STUDENT PERFORMANCE”. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 211 Ananich Bieda Gregory Yeas—12 Hertel Hood Hopgood Johnson Rocca Jones Warren Knezek Young Nays—25 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Knollenberg O’Brien Shirkey 756 JOURNAL OF THE SENATE [May 20, 2015] [No. 48 Emmons Kowall Pavlov Stamas Green MacGregor Proos Zorn Hansen Excused—1 Smith Not Voting—0 In The Chair: Schuitmaker he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 212 Yeas—22 Booher Hansen Marleau Robertson Brandenburg Hildenbrand Meekhof Schmidt Casperson Hune Nofs Shirkey Colbeck Knollenberg Pavlov Stamas Emmons Kowall Proos Zorn Green MacGregor Nays—15 Ananich Bieda Gregory Hertel Hood Jones Schuitmaker Hopgood Knezek Warren Horn O’Brien Young Johnson Rocca Excused—1 Smith Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. Protests Senators Knezek, Hertel, Johnson, Bieda, Gregory, Ananich, Young, Hopgood, Hood, O’Brien, Schuitmaker and Rocca, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 103. No. 48] [May 20, 2015] JOURNAL OF THE SENATE 757 Senator Knezek’s statement, in which Senators Hertel, Johnson, Bieda, Gregory, Ananich, Young, Hopgood and Hood concurred, is as follows: Madam President, I rise today in opposition to Senate Bill No. 103. I’d like to preface my remarks by stating that as I was preparing this speech yesterday evening and this morning, I had hoped that this wouldn’t be necessary. I had hoped for a willingness to work toward an amicable compromise. Unfortunately, what we have before us today falls short of that. As you all know, several years ago, this body, in conjunction with the Governor’s office, commissioned the Michigan Council on Educator Effectiveness and tasked them with developing a new statewide evaluation system for teachers and administrators. Despite how daunting an assignment that may have been, it was met head on by education experts across the state and was led by the extremely capable and thoughtful Dr. Deborah Ball, Dean of the School of Education at the University of Michigan. After nearly two years, the MCEE unveiled their findings and shared their recommendations with the Legislature during the previous term. Upon receiving this document, two of our colleagues, one of them in the chamber with us today, set out to translate those ideas into a legislative package, developing what would become a comprehensive two-bill package that would have codified what Dr. Ball and her colleagues laid out as a fair and uniform system of evalua­ tions. That legislation was created through many hours upon hours of that four-letter word within these walls—compromise— and brought together every single education stakeholder in an unprecedented display of bipartisanship in an era of deep mistrust among the varied sides of the education debate. Unfortunately, that legislation died a slow death here in the Senate after being passed out of the House of Representatives with broad support on both sides of the aisle, as indicated by the final passage of 95-14 for House Bill No. 5223 and 96-13 for House Bill No. 5224. I say all of this, though many if not all of you already are aware of the past, simply to point out the difference between the manner in which that legislation was developed contrasted with what we have before us here today. Senate Bill No. 103 was developed behind closed doors with little input from these same stakeholders and, thus, predictably comes up drastically short of meeting the goals that were laid out in the MCEE’s recommendations. I would like to address some of the reasons given for these shortcomings, beginning with the idea that this allows for more local control. We have heard over and over again that these evaluations and the way they are administered are best left to individual school districts. I agree that many of our local districts are doing an admirable job. However, the fact remains that the MCEE was instituted to address a critical and identified problem within the evaluation process across the state; that there is absolutely no continuity with which teachers and administrators are evaluated. Local control is a term we often hear as the doctrine with which we should abide by when dealing with issues in education policy at the state level. However, the way in which it is so unevenly applied is almost breathtaking in its cynicism. We claim to want to leave these decisions up to the local district, yet we also look to set a mandate forcing administrators to fire teachers. If local control is the standard, then why would we set such a punitive mandate? What we are saying here today, what we have said for so many years already is that local control is the standard until we say it is not. That is arrogance on behalf of this Legislature. In this same spirit, the MCEE recommended a system that would help lift underperforming teachers through constructive feedback and training, yet the legislation before us today entirely ignores this important idea. We offer no solutions and no guidance for these educators who could be great if only given the tools. Instead, we look to do the exact opposite of what we were warned against by education professionals—instituting a system that is simply punitive in nature. The MCEE also urged the Legislature to develop a system that could properly take into account the external factors that contribute to a student’s performance in the classroom. They pointed out that there is no question as to whether or not an educator should be held accountable for what is within their control. Punishing them for what is not would be holding them to a standard that is beyond what other professionals would ever have to deal with. Our students spend eight hours a day with our teachers, but we’re holding them accountable for what happens to our students the other 16 hours of the day outside the classroom. The legislation before us today comes in woefully short of taking the effects of things like poverty into consideration when addressing the issues faced by our system of education. The MCEE also urged that training be provided on a continual basis so that local administrators and other evaluators would be given the tools to fairly and adequately administer annual reviews. Once again, what we have before us today offers no training and no help to our local districts. In fact, there would be absolutely no changes in these practices from the broken system we presently employ. Finally, with this legislation, we continue down the road of a broken system of assessments mandated by the state. Instead, now we will mandate that they be used to punitively dismiss educators. I and my colleagues have offered amendments in committee and here in this chamber that would at least slow this process down until we are sure that our new assessments are actually measuring the data we claim to be in search of. Repeatedly, these suggestions have fallen on deaf ears, which leads me to wonder what truly is the end goal here. Is the goal to set up a fair and just system for evaluating teachers, or is the goal to simply punish a group of professionals which has become an all too frequent and easy target? So to conclude—and thank you Madam President, for your indulgence on this important matter—the legislation in front of us today is woefully inadequate to meet the gravity of the task before us. Our willingness to ignore the experts whom we asked to make these recommendations makes no sense to me. And why? Why after all these days, months, and years of hard work by such dedicated individuals are we willing to veer so drastically off course? I urge this body to reflect on where we’ve been and where we’re going with this legislation and to strongly consider not adopting this today. We have an 758 JOURNAL OF THE SENATE [May 20, 2015] [No. 48 alternative, one that was agreed to by so many stakeholders, from the Michigan Education Association and the American Federation of Teachers to the many groups representing administrators and school board members to reform groups such as StudentsFirst and the Great Lakes Education Project. Mind you, these are groups that seldom agree on any policy prescriptions, period, let alone ones of this magnitude. So I urge my colleagues to reject the legislation before us and to get back to what we were originally charged with doing—creating a real system of evaluation that will move us in the right direction. enator O’Brien’s statement, in which Senators Schuitmaker and Rocca concurred, is as follows: S It is with a heavy heart that I rise in opposition to Senate Bill No. 103. Since 2011, I have worked on issues impacting teachers. In 2011, I worked with Tim Melton and my colleagues on both sides of the aisle to reform teacher tenure. The result of the tenure reforms was the creation of the Michigan Council on Educator Effectiveness, a nonpartisan group of experts who were charged with recommending three items: first, a student growth measurement; second, a teacher evaluation; and third, an administrator evaluation model. The Michigan Council on Educator Effectiveness took their time carefully deliberating these items. In fact, they took twice as long as we had given them. Their report was comprehensive, although it did not recommend a specific student growth tool. But their report was very detailed in the area of evaluations. In fact, they asked for and we gave money for pilots throughout the state. Success was shown in districts where there were evaluation tools which were research-based, implemented with fidelity to the authors, and evaluators were properly trained. The bill as it currently sits does not contain these basic minimum requirements. As we have allocated funding to publicly-funded schools, we have been critical of how dollars are spent. We’ve even gone so far as to tie strings to those dollars. Unfortunately, while we have required evaluations to be done, we’ve not insured that we have minimum quality standards in place. The argument has been used about local control, but let’s be honest. With Proposal A, local control has ended. Funding is the most local control you can have. Local control is a popular phrase to fight something we don’t want, yet bill after bill has stripped away local control. Another argument about the provision of a proper evaluation system is that it will cause every teacher termination to end up in court. Yet when I’ve worked with attorneys who represent school districts and who represent teachers, the proposal they came up with was refused. Since when does expecting and demanding quality cause lawsuits? While I can’t vote for this bill, I appreciate the movement the bill sponsor has made. I will continue to find ways to work together to improve public education, to support our teachers, and to improve student performance, for these goals are not Republican or Democrat. These are the goals of a strong public education system. By unanimous consent the Senate returned to the order of Motions and Communications The following communications were received and read: Office of the Senate Majority Leader May 20, 2015 ursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to SB 115, appoints the following P members to the conference committee: Senator Mike Green, Chair Senator Jim Stamas Senator Hoon-Yung Hopgood Thank you for your prompt consideration of this matter. May 20, 2015 ursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to SB 118, appoints the following P members to the conference committee: Senator Jim Marleau, Chair Senator Mike Shirkey Senator Curtis Hertel, Jr. Thank you for your prompt consideration of this matter. May 20, 2015 ursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to SB 119, appoints the following P members to the conference committee: Senator John Proos, Chair Senator Marty Knollenberg Senator Vincent Gregory Thank you for your prompt consideration of this matter. No. 48] [May 20, 2015] JOURNAL OF THE SENATE 759 May 20, 2015 ursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to SB 122, appoints the following P members to the conference committee: Senator Jim Stamas, Chair Senator Mike Nofs Senator Coleman Young II Thank you for your prompt consideration of this matter. May 20, 2015 ursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to SB 124, appoints the following P members to the conference committee: Senator Peter MacGregor, Chair Senator John Proos Senator Vincent Gregory Thank you for your prompt consideration of this matter. May 20, 2015 ursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to SB 125, appoints the following P members to the conference committee: Senator Marty Knollenberg, Chair Senator Jim Marleau Senator Coleman Young II Thank you for your prompt consideration of this matter. May 20, 2015 ursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to SB 128, appoints the following P members to the conference committee: Senator Mike Nofs, Chair Senator Patrick Colbeck Senator David Knezek Thank you for your prompt consideration of this matter. May 20, 2015 ursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to SB 131, appoints the following P members to the conference committee: Senator Mike Nofs, Chair Senator Patrick Colbeck Senator David Knezek Thank you for your prompt consideration of this matter. May 20, 2015 ursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to SB 132, appoints the following P members to the conference committee: Senator Goeff Hansen, Chair Senator Marty Knollenberg Senator Coleman Young II Thank you for your prompt consideration of this matter. May 20, 2015 ursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to SB 133, appoints the following P members to the conference committee: Senator Arlan Meekhof, Chair Senator Dave Hildenbrand Senator Vincent Gregory Thank you for your prompt consideration of this matter. The communications were referred to the Secretary for record. Sincerely, Arlan B. Meekhof Senate Majority Leader 30th Senate District 760 JOURNAL OF THE SENATE [May 20, 2015] [No. 48 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Hansen as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4071, entitled A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending section 7a (MCL 722.27a), as amended by 2012 PA 600. House Bill No. 4482, entitled A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending section 2 (MCL 722.22), as amended by 2005 PA 327. House Bill No. 4060, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” (MCL 388.1601 to 388.1896) by adding section 275b. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4075, entitled A bill to amend 1895 PA 161, entitled “An act to require county treasurers to furnish transcripts and abstracts of records, and fixing the fees to be paid therefor,” by amending section 1 (MCL 48.101), as amended by 1984 PA 291. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4175, entitled A bill to amend 1994 PA 351, entitled “Equine activity liability act,” by amending section 5 (MCL 691.1665). Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4041, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 57b (MCL 400.57b), as amended by 2011 PA 131. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 186, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding sections 811cc, 811dd, 811ee, 811ff, and 811gg. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. No. 48] [May 20, 2015] JOURNAL OF THE SENATE 761 By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage: House Bill No. 4075 The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 4075 Senate Bill No. 213 Senate Bill No. 231 Senate Bill No. 240 The motion prevailed. The following bill was announced: House Bill No. 4075, entitled A bill to amend 1895 PA 161, entitled “An act to require county treasurers to furnish transcripts and abstracts of records, and fixing the fees to be paid therefor,” by amending section 1 (MCL 48.101), as amended by 1984 PA 291. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 213 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Smith Not Voting—0 In The Chair: Schuitmaker The following bill was read a third time: Senate Bill No. 213, entitled A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending section 61 (MCL 408.1061), as amended by 1996 PA 437. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 762 JOURNAL OF THE SENATE [May 20, 2015] Roll Call No. 214 [No. 48 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Smith Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 231, entitled A bill to amend 1915 PA 31, entitled “Youth tobacco act,” by amending the title and sections 1, 2, and 4 (MCL 722.641, 722.642, and 722.644), as amended by 2006 PA 236. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 215 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 No. 48] [May 20, 2015] JOURNAL OF THE SENATE 763 Excused—1 Smith Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 240, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 914a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 216 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Smith Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator Schuitmaker introduced Senate Bill No. 343, entitled A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 41 and 41a (MCL 38.1341 and 38.1341a), as amended by 2012 PA 300. The bill was read a first and second time by title and referred to the Committee on Appropriations. 764 JOURNAL OF THE SENATE [May 20, 2015] [No. 48 Senators Hildenbrand and Hansen introduced Senate Bill No. 344, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 533 (MCL 436.1533), as amended by 1998 PA 416. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Hansen and Hildenbrand introduced Senate Bill No. 345, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 541 (MCL 436.1541), as amended by 2008 PA 489. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. House Bill No. 4568, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 80130, 80315, 81114, and 82156 (MCL 324.80130, 324.80315, 324.81114, and 324.82156), as amended by 2011 PA 90. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4569, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 801, 802, 803b, 803r, 804, 806, 809, 811e, and 811h (MCL 257.801, 257.802, 257.803b, 257.803r, 257.804, 257.806, 257.809, 257.811e, and 257.811h), section 801 as amended by 2012 PA 498, sections 802, 803r, 804, 806, 809, 811e, and 811h as amended by 2011 PA 159, and section 803b as amended by 2015 PA 11. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. Committee Reports The Committee on Education reported Senate Bill No. 209, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278 (MCL 380.1278), as amended by 2004 PA 596, and by adding sections 1167 and 1279h. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher and Colbeck Nays: Senator Knezek The bill was referred to the Committee of the Whole. The Committee on Education reported Senate Bill No. 211, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1168. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. No. 48] [May 20, 2015] JOURNAL OF THE SENATE 765 COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, May 19, 2015, at 12:18 p.m., Room 110, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek The Committee on Local Government reported Senate Bill No. 239, entitled A bill to prohibit a local unit of government from enacting an ordinance or rule that regulates a dog based solely on breed, perceived breed, or type; and to provide for the powers and duties of certain local governmental entities. With the recommendation that the bill be referred to the Committee on Agriculture. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Proos, Brandenburg, Rocca and Young Nays: None The bill was referred to the Committee on Agriculture. The Committee on Local Government reported Senate Bill No. 305, entitled A bill to prohibit political subdivisions in this state from imposing certain restrictions on the transportation, possession, carrying, sale, transfer, purchase, gift, devise, licensing, registration, or use of knives or components of knives; and to repeal acts and parts of acts. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Proos, Brandenburg and Rocca Nays: Senator Young The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Local Government reported Senate Bill No. 309, entitled A bill to amend 1978 PA 59, entitled “Condominium act,” by amending section 66 (MCL 559.166), as amended by 1983 PA 113. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Proos, Brandenburg, Rocca and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Local Government reported House Bill No. 4168, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 42a (MCL 211.42a), as amended by 2012 PA 461. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson 766 JOURNAL OF THE SENATE [May 20, 2015] [No. 48 To Report Out: Yeas: Senators Zorn, Proos, Brandenburg, Rocca and Young Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, May 19, 2015, at 12:30 p.m., Room 100, Farnum Building Present: Senators Zorn (C), Proos, Brandenburg, Rocca and Young he Committee on Judiciary reported T Senate Resolution No. 50. A resolution to proclaim May 17-23, 2015, as AMBER Alert Awareness Week. (For text of resolution, see Senate Journal No. 44, p. 645.) With the recommendation that the resolution be adopted. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The resolution was placed on the order of Resolutions. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, May 19, 2015, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda COMMITTEE ATTENDANCE REPORT he Committee on Commerce submitted the following: T Meeting held on Wednesday, May 20, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Schmidt (C), Kowall, MacGregor, Nofs and Hertel Scheduled Meetings Appropriations Subcommittee K-12, School Aid, Education and House School Aid Appropriations Subcommittee - Wednesday, June 3, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Criminal Justice Policy Commission - Wednesday, June 3, 10:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212) Senate Fiscal Agency Board of Governors - Thursday, June 11, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Transportation - Thursday, May 21, 8:30 a.m., Room 210, Farnum Building (373-5323) No. 48] [May 20, 2015] JOURNAL OF THE SENATE 767 enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 12:29 p.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, May 21, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 768 No. 49 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, May 21, 2015. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—excused Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—excused Stamas—present Warren—present Young—excused Zorn—present 770 JOURNAL OF THE SENATE [May 21, 2015] [No. 49 Pastor Wayne Kurtycz of NorthRidge Church of Plymouth offered the following invocation: Dear Heavenly Father, we thank You for this moment of time we pause to remember what it takes to have freedom. We just want to thank You for the representation in this room and our great state of Michigan. We thank You for each Senator, each staff member, and each person leading here. Lord, we take this moment in time to remember the ultimate sacrifice for us to live as free people. So today we pay tribute to the patriots who never came back, who fought for a home which they never returned to, and died for a country whose gratitude they will always have. Lord, Your Scripture teaches us that greater love has no one than this; that one would lay down their life for their friends. As we gather for this special session, for our nation, we remember this Memorial Day weekend that we never forget those who’ve lost not only what they fought for, but who they were—proud Americans. As our President said, too often our brave men and women made this ultimate sacrifice far too young, guided by deep and abiding love for their families, for each other, and for this country. Lord, our debt to them is indeed one we can never fully repay, but with Your divine guidance, we can honor their sacrifice and strive to be a nation equal to their example. So, Lord, we meet our obligations to families of the fallen. May we uphold our sacred trust with our veterans, our service members, and our loved ones represented here today. Lord, may we honor those who have lost by living up to the ideals they died for in defending. It is this body of leaders who know the charge is to preserve liberty, advance justice, and sow the seeds of peace with courage and devotion worthy of the heroes we remember today. In this, may we be reminded here to rededicate ourselves to those unending tasks and prove once more that America’s best days are still ahead. As we remember the brave departed, we ask, Lord, that You hold our service men and women in Your strong arms who do this today. Cover them with Your sheltering grace and with Your presence as they stand and look out for our protection. We remember the families of our troops. We ask for Your unique blessing to fill their homes. We pray that peace, provision, and strength will fill their lives. It is my prayer that these brave sons and daughters will return safely home to their families and to this land of the free. May the members of our armed forces be supplied with courage for the facings they have each day and trust Your almighty power to accomplish these tasks. Let our military brothers and sisters feel our love and support today. May You continue to bless our home, the great state of Michigan, and these United States of America. Amen. Motions and Communications enator Kowall moved that Senator Brandenburg be excused from today’s session. S The motion prevailed. enator Hood moved that Senator Johnson be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Young and Smith be excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of the Senate admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:05 a.m. 10:45 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. No. 49] [May 21, 2015] JOURNAL OF THE SENATE 771 During the recess, Senator Colbeck presented the 21st Annual Memorial Day Ceremony “Lest We Forget” in honor of the military personnel who served during wartime. The ceremony was accompanied by the Bay County Veterans Council Color Guard, Kalamazoo Pipe Band, and Veteran Post Commanders. Senator Stamas led the members of the Senate and guests in recital of the Pledge of Allegiance. Senator Colbeck introduced Deborah Drick, former Senate employee and Blue Star Mother, who sang the “National Anthem.” Senators Gregory and Colbeck acknowledged members of the Michigan Department of Military and Veterans Affairs, Gold Star family members, and individuals currently and formerly serving in the armed forces. Senator Colbeck introduced keynote speaker, Michigan Army National Guard Sergeant David Denhardt. Senator Knezek conducted a roll call of the Michigan fallen soldier since the 2014 Memorial Day Ceremony, and Senator Green acknowledged him with a memorial flag. Sergeant First Class Andrew Schwallier, Michigan Army National Guard, played “Taps.” The Kalamazoo Pipe Band played “Amazing Grace.” During the recess, Senator Johnson entered the Senate Chamber. By unanimous consent the Senate proceeded to the order of Statements Moments of silence were observed in memory of the POW/MIA members from Michigan and those who have lost their lives in training exercises in preparation for the defense of our country. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 11:11 a.m. 11:22 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 115, entitled A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The House of Representatives has appointed Reps. Jenkins, Victory and Hoadley as conferees to join with Sens. Green, Stamas and Hopgood. The bill was referred to the Conference Committee. Senate Bill No. 118, entitled A bill to make appropriations for the department of community health for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The House of Representatives has appointed Reps. VerHeulen, Bizon and Dillon as conferees to join with Sens. Marleau, Shirkey and Hertel. The bill was referred to the Conference Committee. Senate Bill No. 119, entitled A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The House of Representatives has appointed Reps. Pagel, Afendoulis and Irwin as conferees to join with Sens. Proos, Knollenberg and Gregory. The bill was referred to the Conference Committee. 772 JOURNAL OF THE SENATE [May 21, 2015] [No. 49 Senate Bill No. 122, entitled A bill to make appropriations for the legislature, the judiciary, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, and certain state purposes related thereto for the fiscal year ending September 30, 2016; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act. The House of Representatives has appointed Reps. Cox, Poleski and Durhal as conferees to join with Sens. Stamas, Nofs and Young. The bill was referred to the Conference Committee. Senate Bill No. 124, entitled A bill to make appropriations for the department of human services for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The House of Representatives has appointed Reps. Poleski, McCready and Banks as conferees to join with Sens. MacGregor, Proos and Gregory. The bill was referred to the Conference Committee. Senate Bill No. 125, entitled A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The House of Representatives has appointed Reps. Afendoulis, McCready and Santana as conferees to join with Sens. Knollenberg, Marleau and Young. The bill was referred to the Conference Committee. Senate Bill No. 128, entitled A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The House of Representatives has appointed Reps. Inman, Gamrat and Yanez as conferees to join with Sens. Nofs, Colbeck and Knezek. The bill was referred to the Conference Committee. Senate Bill No. 131, entitled A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The House of Representatives has appointed Reps. Aaron Miller, Jenkins and Irwin as conferees to join with Sens. Nofs, Colbeck and Knezek. The bill was referred to the Conference Committee. Senate Bill No. 132, entitled A bill to make appropriations for the department of transportation for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The House of Representatives has appointed Reps. Canfield, Victory and Banks as conferees to join with Sens. Hansen, Knollenberg and Young. The bill was referred to the Conference Committee. House Bill No. 4089, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2015 PA 5 and section 17b as amended by 2007 PA 137. The House of Representatives has non-concurred in the Senate substitute (S-1) and appointed Reps. Kelly, Potvin and Zemke as conferees. The message was referred to the Secretary for record. No. 49] [May 21, 2015] JOURNAL OF THE SENATE 773 House Bill No. 4091, entitled A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The House of Representatives has non-concurred in the Senate substitute (S-1) and appointed Reps. Bumstead, Inman and Sarah Roberts as conferees. The message was referred to the Secretary for record. House Bill No. 4093, entitled A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The House of Representatives has non-concurred in the Senate substitute (S-1) and appointed Reps. Victory, Aaron Miller and Sarah Roberts as conferees. The message was referred to the Secretary for record. House Bill No. 4097, entitled A bill to make appropriations for the department of education for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The House of Representatives has non-concurred in the Senate substitute (S-1) and appointed Reps. Potvin, Kelly and Pagan as conferees. The message was referred to the Secretary for record. House Bill No. 4103, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 236a (MCL 388.1836 and 388.1836a), section 236 as amended by 2015 PA 5 and section 236a as amended by 2014 PA 196. The House of Representatives has non-concurred in the Senate substitute (S-1) and appointed Reps. McCready, Muxlow and Singh as conferees. The message was referred to the Secretary for record. House Bill No. 4105, entitled A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The House of Representatives has non-concurred in the Senate substitute (S-1) and appointed Reps. VerHeulen, Cox and Hoadley as conferees. The message was referred to the Secretary for record. House Bill No. 4106, entitled A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The House of Representatives has non-concurred in the Senate substitute (S-1) and appointed Reps. Afendoulis, McCready and Santana as conferees. The message was referred to the Secretary for record. House Bill No. 4113, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 201a (MCL 388.1801 and 388.1801a), section 201 as amended by 2015 PA 5 and section 201a as amended by 2014 PA 196. The House of Representatives has non-concurred in the Senate substitute (S-1) and appointed Reps. Muxlow, Bizon and Yanez as conferees. The message was referred to the Secretary for record. Senate Bill No. 86, entitled A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending section 518 (MCL 141.2518), as amended by 2014 PA 297. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. 774 JOURNAL OF THE SENATE [May 21, 2015] [No. 49 he question being on concurring in the committee recommendation to give the bill immediate effect, T Senator Kowall moved that further consideration of the bill be postponed for today. The motion prevailed. Senate Bill No. 221, entitled A bill to provide for the reciprocal exchange of distance education between this state and other states or a higher education compact; to prescribe the powers and duties of certain state agencies and officials; to provide for collection of fees; to designate the state agency for negotiating distance education agreements; to establish a complaint process for students enrolled in distance education programs at participating colleges and universities; to establish an authorization and approval process for out-of-state distance education providers and participating colleges and universities in this state; to provide penalties; and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that the bill be given immediate effect. The question being on concurring in the committee recommendation to give the bill immediate effect, Senator Kowall moved that further consideration of the bill be postponed for today. The motion prevailed. By unanimous consent the Senate returned to the order of Motions and Communications The following communications were received and read: Office of the Senate Majority Leader May 20, 2015 ursuant to Joint Rule 3, the House having non-concurred in the Senate substitute (S-1) to HB 4089, the Senate appoints P the following members to the conference committee: Senator Goeff Hansen Senator Phil Pavlov Senator Hoon-Yung Hopgood Thank you for your prompt consideration of this matter. May 20, 2015 ursuant to Joint Rule 3, the House having non-concurred in the Senate substitute (S-1) to HB 4091, the Senate appoints P the following members to the conference committee: Senator Mike Green Senator Darwin Booher Senator Hoon-Yung Hopgood Thank you for your prompt consideration of this matter. May 20, 2015 ursuant to Joint Rule 3, the House having non-concurred in the Senate substitute (S-1) to HB 4093, the Senate appoints P the following members to the conference committee: Senator Mike Green Senator Peter MacGregor Senator Hoon-Yung Hopgood Thank you for your prompt consideration of this matter. May 20, 2015 ursuant to Joint Rule 3, the House having non-concurred in the Senate substitute (S-1) to HB 4097, the Senate appoints P the following members to the conference committee: Senator Goeff Hansen Senator Phil Pavlov Senator Hoon-Yung Hopgood Thank you for your prompt consideration of this matter. May 20, 2015 ursuant to Joint Rule 3, the House having non-concurred in the Senate substitute (S-1) to HB 4103, the Senate appoints P the following members to the conference committee: Senator Tonya Schuitmaker Senator Peter MacGregor Senator Curtis Hertel, Jr. Thank you for your prompt consideration of this matter. No. 49] [May 21, 2015] JOURNAL OF THE SENATE 775 May 20, 2015 ursuant to Joint Rule 3, the House having non-concurred in the Senate substitute (S-1) to HB 4105, the Senate appoints P the following members to the conference committee: Senator John Proos Senator Tonya Schuitmaker Senator Coleman Young II Thank you for your prompt consideration of this matter. May 20, 2015 ursuant to Joint Rule 3, the House having non-concurred in the Senate substitute (S-1) to HB 4113, the Senate appoints P the following members to the conference committee: Senator Darwin Booher Senator Tonya Schuitmaker Senator David Knezek Thank you for your prompt consideration of this matter. May 21, 2015 ursuant to Joint Rule 3, the House having non-concurred in the Senate substitute (S-1) to HB 4106, the Senate appoints P the following members to the conference committee: Senator Mary Knollenberg Senator Jim Marleau Senator Coleman Young II Thank you for your prompt consideration of this matter Respectfully yours, Arlan B. Meekhof Senate Majority Leader 30th Senate District The communications were referred to the Secretary for record. The following communication was received and read: Office of the Auditor General May 19, 2015 nclosed is a copy of the following audit report: E Performance audit on the Adult Foster Care and Homes for the Aged Licensing Division, Michigan Department of Health and Human Services. Sincerely, Doug Ringer Auditor General The audit report was referred to the Committee on Government Operations. The following communication was received: Office of the Senate Majority Leader May 20, 2015 ursuant to Senate Rule 2.104(c), I am requesting that the Senate Finance Committee hold a hearing on the appointment P of Naif Khouri as the State Treasurer, and make written recommendations to the Government Operations Committee on this appointment. Sincerely, Arlan Meekhof, Chairman Government Operations Committee The communication was referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, May 20: House Bill Nos. 4052 4070 4212 4215 4553 4554 4555 4556 4557 4558 The Secretary announced that the following bills were printed and filed on Wednesday, May 20, and are available at the Michigan Legislature website: Senate Bill Nos. 338 339 340 341 342 House Bill Nos. 4617 4618 4619 4620 4621 4622 4623 4624 4625 4626 4627 4628 776 JOURNAL OF THE SENATE [May 21, 2015] [No. 49 By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator Young introduced Senate Bill No. 346, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3107 (MCL 500.3107), as amended by 2012 PA 542. The bill was read a first and second time by title and referred to the Committee on Insurance. Senator Young introduced Senate Bill No. 347, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2021, 2105, 2106, 2108, 2109, 2110, 2111, 2114, 2118, 2120, 2127, 2236, 2400, 2406, 2430, 2436, 2438, 2458, 2462, 2472, 2600, 2606, 2608, 2616, 2628, 2630, 2636, 2652, 2654, 2664, 2930, 3020, 3321, and 3340 (MCL 500.2021, 500.2105, 500.2106, 500.2108, 500.2109, 500.2110, 500.2111, 500.2114, 500.2118, 500.2120, 500.2127, 500.2236, 500.2400, 500.2406, 500.2430, 500.2436, 500.2438, 500.2458, 500.2462, 500.2472, 500.2600, 500.2606, 500.2608, 500.2616, 500.2628, 500.2630, 500.2636, 500.2652, 500.2654, 500.2664, 500.2930, 500.3020, 500.3321, and 500.3340), section 2021 as added and section 2436 as amended by 1982 PA 7, section 2111 as amended by 2012 PA 441, sections 2118 and 2120 as amended by 2007 PA 35, section 2236 as amended by 2014 PA 140, section 2400 as amended by 1982 PA 8, section 2406 as amended by 1993 PA 200, section 2458 as amended by 1988 PA 262, section 2930 as amended by 2002 PA 492, section 3020 as amended by 2006 PA 106, and section 3340 as amended by 1986 PA 10, and by adding sections 2026a, 2094, 2103a, 2106a, 2107a, 2109a, 2109b, 2111c, 2128, 2128a, 2128b, 2128c, 2128d, 2128e, 2128f, and 3105a; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Insurance. Senator Ananich introduced Senate Bill No. 348, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11518 (MCL 324.11518). The bill was read a first and second time by title and referred to the Committee on Natural Resources. Senators Stamas, Brandenburg, Gregory, Marleau and Booher introduced Senate Bill No. 349, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 78b and 78c (MCL 211.78b and 211.78c), as amended by 2003 PA 263. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Hopgood and Gregory introduced Senate Bill No. 350, entitled A bill to amend 1974 PA 57, entitled “An act relating to the sport of racing and carrier pigeons; authorizing the flying of such pigeons; and providing for regulation thereof by cities, villages, townships, and counties,” by amending section 2 (MCL 433.352). The bill was read a first and second time by title and referred to the Committee on Local Government. Senators Jones, Brandenburg, Hertel, Nofs, Marleau and Horn introduced Senate Bill No. 351, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 914. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator O’Brien introduced Senate Bill No. 352, entitled A bill to allow for designation of a caregiver; to prescribe the duties of a designated caregiver; to enable a hospital to assist in designating a caregiver; and to prescribe the duties of state departments and agencies. The bill was read a first and second time by title and referred to the Committee on Health Policy. No. 49] [May 21, 2015] JOURNAL OF THE SENATE 777 Senator O’Brien introduced Senate Bill No. 353, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3406s (MCL 500.3406s), as added by 2012 PA 100. The bill was read a first and second time by title and referred to the Committee on Insurance. House Bill No. 4052, entitled A bill to limit the powers of local governmental bodies regarding the regulation of terms and conditions of employment within local government boundaries for employees of nonpublic employers. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. House Bill No. 4070, entitled A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2014 PA 190. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Local Government. House Bill No. 4212, entitled A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 11 (MCL 46.11), as amended by 2012 PA 15. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Local Government. House Bill No. 4215, entitled A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 6 of chapter IV (MCL 224.6), as amended by 2012 PA 14. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Local Government. House Bill No. 4553, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 9f, 9m, and 9n (MCL 211.9f, 211.9m, and 211.9n), sections 9f and 9m as amended by 2014 PA 87 and section 9n as amended by 2013 PA 154. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. House Bill No. 4554, entitled A bill to amend 2014 PA 92, entitled “State essential services assessment act,” by amending sections 3, 5, and 7 (MCL 211.1053, 211.1055, and 211.1057). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. House Bill No. 4555, entitled A bill to amend 2014 PA 93, entitled “Alternative state essential services assessment act,” by amending sections 3, 5, and 7 (MCL 211.1073, 211.1075, and 211.1077). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. 778 JOURNAL OF THE SENATE [May 21, 2015] [No. 49 House Bill No. 4556, entitled A bill to amend 2014 PA 86, entitled “Local community stabilization authority act,” by amending sections 5, 13, 14, 17, 19, and 20 (MCL 123.1345, 123.1353, 123.1354, 123.1357, 123.1359, and 123.1360). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. House Bill No. 4557, entitled A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 11a (MCL 207.561a), as added by 2012 PA 397. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. House Bill No. 4558, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 3 (MCL 205.93), as amended by 2014 PA 80. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. Committee Reports The Committee on Judiciary reported Senate Bill No. 328, entitled A bill to amend 1935 PA 59, entitled “An act to provide for the public safety; to create the Michigan state police, and provide for the organization thereof; to transfer thereto the offices, duties and powers of the state fire marshal, the state oil inspector, the department of the Michigan state police as heretofore organized, and the department of public safety; to create the office of commissioner of the Michigan state police; to provide for an acting commissioner and for the appointment of the officers and members of said department; to prescribe their powers, duties, and immunities; to provide the manner of fixing their compensation; to provide for their removal from office; and to repeal Act No. 26 of the Public Acts of 1919, being sections 556 to 562, inclusive, of the Compiled Laws of 1929, and Act No. 123 of the Public Acts of 1921, as amended, being sections 545 to 555, inclusive, of the Compiled Laws of 1929,” by amending section 8 (MCL 28.8). With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4467, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 20i (MCL 791.220i), as amended by 2012 PA 599. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker and Colbeck Nays: Senators Rocca and Bieda The bill was referred to the Committee of the Whole. No. 49] [May 21, 2015] JOURNAL OF THE SENATE 779 The Committee on Finance reported Senate Bill No. 6, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7b (MCL 211.7b), as amended by 2013 PA 161. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson and Proos Nays: Senators Bieda and Warren The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Finance submitted the following: T Meeting held on Tuesday, May 19, 2015, at 2:30 p.m., Room 210, Farnum Building Present: Senators Brandenburg (C), Robertson, Knollenberg, Casperson, Proos, Bieda and Warren The Committee on Regulatory Reform reported House Bill No. 4245, entitled A bill to amend 1986 PA 54, entitled “Building officials and inspectors registration act,” by amending sections 7, 9, and 12 (MCL 338.2307, 338.2309, and 338.2312), section 9 as amended by 2013 PA 150. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, Marleau, Hune, Warren and Hertel Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Regulatory Reform submitted the following: T Meeting held on Wednesday, May 20, 2015, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Rocca (C), Jones, Knollenberg, Kowall, Marleau, Hune, Warren and Hertel Excused: Senator Johnson COMMITTEE ATTENDANCE REPORT he Committee on Families, Seniors and Human Services submitted the following: T Meeting held on Wednesday, May 20, 2015, at 3:00 p.m., Room 210, Farnum Building Present: Senators Emmons (C), Pavlov, Jones and Casperson Excused: Senator Johnson Scheduled Meetings Appropriations - Wednesday, May 27, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-5307) Subcommittee K-12, School Aid, Education and House School Aid Appropriations Subcommittee - Wednesday, June 3, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) 780 JOURNAL OF THE SENATE [May 21, 2015] [No. 49 Conference Committees Agriculture and Rural Development (SB 115) - Wednesday, May 27, 8:30 a.m., Room 405, Capitol Building (373-2768) Community Colleges (HB 4113) - Tuesday, May 26, 9:00 a.m., Room 426, Capitol Building (373-8080) Higher Education (HB 4103) - Tuesday, May 26, 9:15 a.m., Room 426, Capitol Building (373-8080) Military and Veterans Affairs (SB 128) - Tuesday, May 26, 12:00 noon, Rooms 402 and 403, Capitol Building (373-2768) State Police (SB 131) - Tuesday, May 26, 12:30 p.m., Rooms 402 and 403, Capitol Building (373-2768) Criminal Justice Policy Commission - Wednesday, June 3, 10:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212) Finance - Tuesday, May 26, 2:30 p.m., Room 210, Farnum Building (373-5312) Insurance - Tuesday, May 26, 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5312) Judiciary - Tuesday, May 26, 3:00 p.m., Room 110, Farnum Building (373-1721) Senate Fiscal Agency Board of Governors - Thursday, June 11, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:33 a.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Tuesday, May 26, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 50 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, May 26, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 782 JOURNAL OF THE SENATE [May 26, 2015] [No. 50 everend Dana Strall of First United Methodist Church of Flat Rock offered the following invocation: R Gracious, loving God, this week we remember all who put others before themselves to protect this country from harm. Some even gave the ultimate sacrifice so that we could live in peace. We lift them up and thank You for their bravery and their service. Help those who gather in this place to make decisions in that same spirit of selflessness and love. Give them wisdom and the courage to do what is right so that all of the people of Michigan can rejoice together. In Your holy name, we pray. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Hopgood entered the Senate Chamber. enator Kowall moved that rule 2.106 be suspended to allow committees to meet during Senate session. S The motion prevailed, a majority of the members serving voting therefor. The Secretary announced that the following House bills were received in the Senate and filed on Thursday, May 21: House Bill Nos. 4391 4444 4449 4451 4455 4470 4496 4497 The Secretary announced that the following bills were printed and filed on Thursday, May 21, and are available at the Michigan Legislature website: Senate Bill Nos. 343 344 345 House Bill Nos. 4629 4630 4631 4632 The Secretary announced that the following bills were printed and filed on Friday, May 22, and are available at the Michigan Legislature website: Senate Bill Nos. 346 347 348 349 350 351 352 353 House Bill Nos. 4633 4634 4635 4636 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:03 a.m. 10:50 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. Messages from the Governor The following message from the Governor was received: Date: May 21, 2015 Time: 8:40 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 52 (Public Act No. 38), being An act to amend 2008 PA 176, entitled “An act to assure that returning veterans are informed of state-funded veterans service organizations; and to prescribe certain duties of certain state agencies,” by amending section 2 (MCL 35.1232). (Filed with the Secretary of State on May 21, 2015, at 2:33 p.m.) Respectfully, Rick Snyder Governor No. 50] [May 26, 2015] JOURNAL OF THE SENATE 783 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Schmidt as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4363, entitled A bill to amend 1984 PA 192, entitled “Forbes mechanical contractors act,” by amending section 10 (MCL 338.980), as amended by 2012 PA 312. House Bill No. 4364, entitled A bill to amend 2002 PA 733, entitled “State plumbing act,” by amending section 31 (MCL 338.3541), as amended by 2012 PA 311. House Bill No. 4381, entitled A bill to amend 1979 PA 152, entitled “State license fee act,” by amending sections 13, 17, 21, 25, 27, 29, 31, 37, 38, and 43 (MCL 338.2213, 338.2217, 338.2221, 338.2225, 338.2227, 338.2229, 338.2231, 338.2237, 338.2238, and 338.2243), sections 13, 17, 21, 25, 27, 29, 31, 37, and 38 as amended by 2012 PA 308 and section 43 as amended by 2013 PA 78. House Bill No. 4382, entitled A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 3 (MCL 338.883), as amended by 2012 PA 313. House Bill No. 4383, entitled A bill to amend 1986 PA 54, entitled “Building officials and inspectors registration act,” by amending section 13 (MCL 338.2313), as amended by 2012 PA 314. House Bill No. 4384, entitled A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending section 1060 (MCL 450.3060), as amended by 2014 PA 557. House Bill No. 4397, entitled A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 1060 (MCL 450.2060), as amended by 2012 PA 315. House Bill No. 4398, entitled A bill to amend 2008 PA 551, entitled “Uniform securities act (2002),” by amending section 410 (MCL 451.2410), as amended by 2012 PA 307. House Bill No. 4399, entitled A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending section 1101 (MCL 450.5101), as amended by 2012 PA 310. House Bill No. 4400, entitled A bill to amend 1937 PA 284, entitled “An act to prevent the spread of infectious and contagious diseases of livestock; to require persons, associations, partnerships and corporations engaged in the buying, receiving, selling, transporting, exchanging, negotiating, or soliciting sale, resale, exchange or transportation of livestock to be licensed and bonded by the department of agriculture; to keep a producers’ proceeds account; to provide for the refusal, suspension or revocation of such licenses; to provide for weighmasters; to provide for the inspection and disinfection of yards, premises and vehicles; and to provide penalties for the violation of this act,” by amending section 3 (MCL 287.123), as amended by 2012 PA 317. 784 JOURNAL OF THE SENATE [May 26, 2015] [No. 50 House Bill No. 4404, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 10 (MCL 421.10), as amended by 2011 PA 269. House Bill No. 4409, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by repealing section 57s (MCL 400.57s), as added by 2006 PA 471. House Bill No. 4439, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 806 (MCL 257.806), as amended by 2011 PA 159. House Bill No. 4441, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec­ tions 3104, 3118, 3120, 3122, 4112, 11525a, 17303, and 17317 (MCL 324.3104, 324.3118, 324.3120, 324.3122, 324.4112, 324.11525a, 324.17303, and 324.17317), sections 3104, 3118, 3120, and 3122 as amended by 2011 PA 90, sec­tion 4112 as amended by 2010 PA 302, section 11525a as amended by 2013 PA 72, section 17303 as added by 2008 PA 394, and section 17317 as added by 2008 PA 395. House Bill No. 4443, entitled A bill to amend 1935 PA 120, entitled “An act to prescribe a method for the fingerprinting of residents of the state, and to provide for the recording and filing thereof by the central records division of the department of state police,” by amending the title and section 3 (MCL 28.273), the title as amended by 1985 PA 175 and section 3 as amended by 2012 PA 318. House Bill No. 4445, entitled A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 7 (MCL 28.297), as amended by 2011 PA 158. House Bill No. 4446, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 208b, 217a, and 232 (MCL 257.208b, 257.217a, and 257.232), as amended by 2011 PA 159. House Bill No. 4448, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 30104, 30104b, 30109, 32312, and 32513 (MCL 324.30104, 324.30104b, 324.30109, 324.32312, and 324.32513), sections 30104 and 32513 as amended by 2013 PA 98, section 30104b as amended by 2010 PA 179, and sections 30109 and 32312 as amended by 2011 PA 90. Senate Bill No. 309, entitled A bill to amend 1978 PA 59, entitled “Condominium act,” by amending section 66 (MCL 559.166), as amended by 1983 PA 113. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4440, entitled A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its No. 50] [May 26, 2015] JOURNAL OF THE SENATE 785 powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commis­ sion, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 11 (MCL 247.911), as amended by 2014 PA 302. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills House Bill No. 4391, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec­ tions 8307a, 8308, 8310, 8310a, 8312, 8313, 8317, 8504, 8505, 8506, 8704, 8708, 8710, 8715, 8716, and 8807 (MCL 324.8307a, 324.8308, 324.8310, 324.8310a, 324.8312, 324.8313, 324.8317, 324.8504, 324.8505, 324.8506, 324.8704, 324.8708, 324.8710, 324.8715, 324.8716, and 324.8807), section 8307a as added and sections 8312 and 8313 as amended by 2002 PA 418, section 8310 as amended and section 8310a as added by 2008 PA 18, section 8317 as amended by 2012 PA 316, sections 8504 and 8505 as amended by 2014 PA 178, section 8506 as amended by 2006 PA 503, sections 8704, 8710, 8715, and 8716 as amended by 2011 PA 2, section 8708 as amended by 2013 PA 46, and section 8807 as amended by 2011 PA 1, and by adding section 8506a; and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4444, entitled A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100c, 100d, 134, 135, 136, 137, 138, 139, 143, 143a, 148, 149, and 149b (MCL 330.1100c, 330.1100d, 330.1134, 330.1135, 330.1136, 330.1137, 330.1138, 330.1139, 330.1143, 330.1143a, 330.1148, 330.1149, and 330.1149b), sections 100c and 100d as amended by 2014 PA 200, sections 134, 136, 143, 143a, 148, 149, and 149b as amended by 1994 PA 137, sections 135 and 139 as amended by 1995 PA 290, section 137 as amended by 2004 PA 259, and section 138 as amended by 2006 PA 207. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4449, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 5522 (MCL 324.5522), as amended by 2011 PA 164. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4451, entitled A bill to amend 1975 PA 120, entitled “Michigan commercial feed law,” by amending sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 (MCL 287.521, 287.522, 287.523, 287.524, 287.525, 287.526, 287.527, 287.528, 287.529, 287.530, 287.531, 287.532, 287.533, 287.534, and 287.535), sections 3 and 6 as amended by 1980 PA 338, and by adding sections 16, 17, 18, and 19. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4455, entitled A bill to amend 1925 PA 354, entitled “An act to provide for the construction, improvement, repair and maintenance of bridges; to provide for inter-municipal and interstate bridges; to provide for bridges over navigable streams and for their operation; to provide for the construction, improvement and maintenance of bridges over mill races; and to regulate the altering of the stage of water, and the widening and deepening of the channel of watercourses,” by amending section 19a (MCL 254.19a), as amended by 1982 PA 375. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Transportation. 786 JOURNAL OF THE SENATE [May 26, 2015] [No. 50 House Bill No. 4470, entitled A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 2111, 2125, 4111, and 4113 (MCL 289.2111, 289.2125, 289.4111, and 289.4113), section 2111 as amended by 2007 PA 113, sections 2125 and 4111 as amended by 2012 PA 178, and section 4113 as amended by 2007 PA 114. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4496, entitled A bill to amend 2005 PA 92, entitled “School bond qualification, approval, and loan act,” by amending section 3 (MCL 388.1923), as amended by 2012 PA 437. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4497, entitled A bill to amend 2005 PA 92, entitled “School bond qualification, approval, and loan act,” by amending section 7 (MCL 388.1927), as amended by 2012 PA 437. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Meekhof admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. By unanimous consent the Senate returned to the order of Resolutions enator Kowall moved that consideration of the following concurrent resolution be postponed for today: S House Concurrent Resolution No. 3 The motion prevailed. enator Kowall moved that rule 3.204 be suspended to permit immediate consideration of the following resolution: S Senate Resolution No. 61 The motion prevailed, a majority of the members serving voting therefor. enator Jones offered the following resolution: S Senate Resolution No. 61. A resolution commemorating October 15, 2015, as Community Dispute Resolution Day and recognizing the 25th Anniver­ sary of the Community Dispute Resolution Program. Whereas, Alternative dispute resolution encompasses mediation, arbitration, facilitation, restorative practices, collabora­ tive decision making, and other responses to conflict; and Whereas, The conflict resolution process empowers individuals, families, communities, organizations, and businesses to foster communication and devise solutions that are acceptable to the needs and interests of all parties involved; and Whereas, Conflict resolution is taught and practiced by citizens in many school systems, community colleges, univer­sities, law schools, graduate programs throughout Michigan, and the world as a way of solving disputes and as a means toward achieving a more peaceful society; and Whereas, Community-based programs fairly and equitably resolve neighborhood and community conflicts, thereby strengthening local relationships and relieving the parties and the courts of costly litigation; and Whereas, Michigan 1988 PA 260, known as the Community Dispute Resolution Act, authorized the establishment of Com­munity Dispute Resolution Centers throughout Michigan under the oversight and administration of the Michigan Supreme Court; and Whereas, The State Court Administrative Office, Office of Dispute Resolution supports and oversees 18 centers throughout the state which provide conciliation, mediation, and other forms of alternative dispute resolution to Michigan citizens, schools, and businesses; and No. 50] [May 26, 2015] JOURNAL OF THE SENATE 787 Whereas, For the past 25 years, thousands of professionals and volunteers have served as mediators, facilitators, and conciliators in a variety of situations, resulting in less time and expense to reach mutually satisfactory solutions; and Whereas, Recognition of these efforts provides an opportunity for increased public understanding of peaceful and con­ struc­tive ways to resolve interpersonal and intergroup conflicts of all types; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate October 15, 2015, as Dispute Resolution Day in Michigan and congratulate the Community Dispute Resolution Program on 25 years of service to the citizens of Michigan. We encourage all citizens to acknowledge the value of alternative dispute resolution methods to resolve disputes and to support the availability and use of alternative dispute resolution services throughout Michigan; and be it further Resolved, That a copy of the resolution be transmitted to the Lansing Conflict Resolution Center as evidence of our esteem. The question being on the adoption of the resolution, The resolution was adopted. Senators Bieda, Booher, Brandenburg, Hansen, Marleau, O’Brien, Proos, Schmidt and Warren were named co‑sponsors of the resolution. Senators Emmons, Hopgood, Brandenburg, Proos, Knollenberg, Marleau, Booher, Hertel, Bieda, Hood, Hansen and Gregory offered the following resolution: Senate Resolution No. 62. A resolution to commemorate May 2015 as Cystic Fibrosis Awareness Month. Whereas, Approximately 30,000 Americans have cystic fibrosis (CF), a life-threatening genetic disease that affects the lungs and pancreas, and more than 10 million Americans are symptomless carriers of the defective CF gene; and Whereas, There are close to 1,100 children and young adults living in Michigan with the disease; and Whereas, Michigan has two cystic fibrosis chapters in the Detroit and Grand Rapids areas, as well as four cystic fibrosis focused groups: The Bonnell Foundation - Royal Oak, Friends of Families of Cystic Fibrosis - Grand Rapids, Hunt for a Cure - Kentwood, and Rock Cystic Foundation - Detroit; and Whereas, Michigan also has seven cystic fibrosis centers: Children’s Hospital of Michigan, Wayne State University Harper University Hospital, Helen DeVos Women and Children’s Center, Spectrum Health Adult Cystic Fibrosis Care Center, Michigan State University - Pediatric/Adult, University of Michigan - Pediatric/Adult, and Western Michigan University School of Medicine Clinics; and Whereas, During the month of May, cystic fibrosis chapters and volunteers will come together in the state of Michigan to raise awareness about this devastating disease to achieve their mission of curing and controlling cystic fibrosis; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate May 2015 as Cystic Fibrosis Awareness Month in the state of Michigan. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Jones, O’Brien, Rocca, Schmidt, Warren and Zorn were named co‑sponsors of the resolution. enators Meekhof, Ananich and Hertel offered the following resolution: S Senate Resolution No. 63. A resolution to commemorate May 24-30, 2015, as Invisible Illness Awareness Week Whereas, An invisible illness is a chronic condition that is not easily observed by the general public and is often not readily detected by medical professionals. Examples include lupus, fibromyalgia, interstitial cystitis, rheumatoid arthritis, vasculitis, Crohn’s disease, and Ehlers-Danlos syndrome, among others. These illnesses can be debilitating and prevent a person from performing traditional everyday activities; and Whereas, Invisible illnesses aren’t easily identified. A person with an invisible illness may feel judged by others or feel as though others simply do not understand what they are going through. A person with a chronic condition may be dealing with exhaustion, constant aches or pains, dizziness, or cognitive impairments, and yet may appear to be completely healthy on the outside; and Whereas, About 10 percent of Americans have medical conditions which could be considered an invisible illness. Nearly 1 in 2 Americans has a chronic medical condition of one kind or another. Ninety-six percent of people with chronic medical conditions live with an ailment that is invisible. About a quarter of them have some type of activity limitation, ranging from mild to severe; and Whereas, The onset or duration of an invisible illness can negatively affect a person’s physical, emotional, economic, educational, and social well-being due to activity limitations; and 788 JOURNAL OF THE SENATE [May 26, 2015] [No. 50 Whereas, There is a need for increased awareness about invisible illnesses to create a more accepting and understanding world for those who suffer; and Whereas, The theme of this year’s Invisible Illness Awareness Week is “Everybody Knows Somebody,” because of the widespread scope of the illnesses; and Whereas, The purpose of Invisible Illness Awareness Week is to increase understanding of invisible illnesses among the general public and medical community, while reducing the stigma surrounding the illnesses, in order to create an environ­ ment in which there is better care, earlier and more accurate diagnosis, and knowledge that invisible illness patients can lead a healthy life; and Whereas, We join with the many individuals who are afflicted by these disorders and support increased awareness of invisible illnesses; now, therefore, be it Resolved by the Senate, That we hereby commemorate May 24-30, 2015, as Invisible Illness Awareness Week in the state of Michigan. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senator Meekhof asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Meekhof’s statement is as follows: With this resolution, Senate Resolution No. 63, the Michigan Senate would like to recognize May 24-30 as Invisible Illness Awareness Week. With me, I have Senator Hertel and Katie Dama Jaskolski, president and co-founder of the Life as a Zebra Foundation. An invisible illness is a chronic condition that is not easily observed by the general public and is often not readily detected by medical professionals. About 10 percent of Americans have medical conditions which could be considered an invisible illness. Some examples are lupus, fibromyalgia, rheumatoid arthritis, and Crohn’s disease, and this is just to name a few. The Michigan Senate joins with the many individuals who are afflicted by these disorders to support increased awareness of invisible illnesses. enators Nofs, Schuitmaker, Colbeck, Knezek and Jones offered the following concurrent resolution: S Senate Concurrent Resolution No. 15. A concurrent resolution to waive the legislative notice requirement for increases in rates of compensation for certain employees in the state classified service. Whereas, The Constitution of the State of Michigan of 1963 provides in Article XI, Section 5: “Increases in rates of compensation authorized by the commission may be effective only at the start of a fiscal year and shall require prior notice to the governor, who shall transmit such increases to the legislature as part of his budget. The legislature may, by a majority vote of the members elected to and serving in each house, waive the notice and permit increases in rates of compensation to be effective at a time other than the start of a fiscal year.” ; and Whereas, As a result of recently completed negotiations, a settlement has been reached on a three-year contract between the state and the Michigan State Police Troopers Association regarding compensation and other terms and conditions of employment. This settlement, which will be effective for fiscal year 2014-2015 and fiscal year 2015-2016, was reached past the time when the governor could transmit the increase as part of the budget; and Whereas, The State Personnel Director, with the consent of the chair of the Civil Service Commission, granted interim approval of the collective bargaining agreement on May 15, 2015; now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That, pursuant to Article XI, Section 5 of the Constitution of the State of Michigan of 1963, the Michigan Legislature waives the prior notice requirement to permit increases in rates of compensation for certain members of the Department of State Police as set in the contract settled between the Michigan State Police Troopers Association and the state and the Civil Service Commission; and be it further Resolved, That copies of this resolution be transmitted to the Civil Service Commission. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the concurrent resolution, Senator Kowall moved that the concurrent resolution be referred to the Committee on Appropriations. The motion prevailed. Senators Booher and Hansen were named co‑sponsors of the concurrent resolution. No. 50] [May 26, 2015] JOURNAL OF THE SENATE 789 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 11:15 a.m. 11:20 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. By unanimous consent the Senate returned to the order of Messages from the House House Bill No. 4089, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2015 PA 5 and section 17b as amended by 2007 PA 137. The House of Representatives has appointed Rep. Sarah Roberts to replace Rep. Zemke as conferee. The message was referred to the Secretary for record. Senate Bill No. 271, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 1014. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 86, entitled A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending section 518 (MCL 141.2518), as amended by 2014 PA 297. (This bill was returned from the House without amendment on May 21 and the recommendation for immediate effect postponed. See Senate Journal No. 49, p. 773.) The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 221, entitled A bill to provide for the reciprocal exchange of distance education between this state and other states or a higher education compact; to prescribe the powers and duties of certain state agencies and officials; to provide for collection of fees; to designate the state agency for negotiating distance education agreements; to establish a complaint process for students enrolled in distance education programs at participating colleges and universities; to establish an authorization and approval process for out-of-state distance education providers and participating colleges and universities in this state; to provide penalties; and to repeal acts and parts of acts. (This bill was returned from the House without amendment on May 21 and the recommendation for immediate effect postponed. See Senate Journal No. 49, p. 774.) The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage: House Bill No. 4363 House Bill No. 4364 790 JOURNAL OF THE SENATE [May 26, 2015] [No. 50 House Bill No. 4381 House Bill No. 4382 House Bill No. 4383 House Bill No. 4384 House Bill No. 4397 House Bill No. 4398 House Bill No. 4399 House Bill No. 4400 House Bill No. 4404 House Bill No. 4409 House Bill No. 4439 House Bill No. 4440 House Bill No. 4441 House Bill No. 4443 House Bill No. 4445 House Bill No. 4446 House Bill No. 4448 The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 4071 House Bill No. 4482 House Bill No. 4175 House Bill No. 4041 Senate Bill No. 186 House Bill No. 4060 House Bill No. 4363 House Bill No. 4364 House Bill No. 4381 House Bill No. 4382 House Bill No. 4383 House Bill No. 4384 House Bill No. 4397 House Bill No. 4398 House Bill No. 4399 House Bill No. 4400 House Bill No. 4404 House Bill No. 4409 House Bill No. 4439 House Bill No. 4440 House Bill No. 4441 House Bill No. 4443 House Bill No. 4445 House Bill No. 4446 House Bill No. 4448 The motion prevailed. The following bill was read a third time: House Bill No. 4071, entitled A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending section 7a (MCL 722.27a), as amended by 2012 PA 600. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 217 Ananich Bieda Yeas—38 Hertel Hildenbrand Kowall Rocca MacGregor Schmidt No. 50] [May 26, 2015] JOURNAL OF THE SENATE 791 Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to declare the inherent rights of minor children; to establish rights and duties to their custody, support, and parenting time in disputed actions; to establish rights and duties to provide support for a child after the child reaches the age of majority under certain circumstances; to provide for certain procedure and appeals; and to repeal certain acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4482, entitled A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending section 2 (MCL 722.22), as amended by 2005 PA 327. The question being on the passage of the bill, Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 11:31 a.m. 11:38 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 218 Yeas—38 Ananich Hertel Bieda Hildenbrand Booher Hood Brandenburg Hopgood Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey 792 JOURNAL OF THE SENATE [May 26, 2015] [No. 50 Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to declare the inherent rights of minor children; to establish rights and duties to their custody, support, and parenting time in disputed actions; to establish rights and duties to provide support for a child after the child reaches the age of majority under certain circumstances; to provide for certain procedure and appeals; and to repeal certain acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4175, entitled A bill to amend 1994 PA 351, entitled “Equine activity liability act,” by amending section 5 (MCL 691.1665). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 219 Yeas—27 Booher Hildenbrand Marleau Schmidt Brandenburg Horn Meekhof Schuitmaker Casperson Hune Nofs Shirkey Colbeck Jones O’Brien Smith Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Rocca Excused—0 No. 50] [May 26, 2015] JOURNAL OF THE SENATE 793 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to regulate civil liability related to equine activities; and to prescribe certain duties for equine professionals,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4041, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 57b (MCL 400.57b), as amended by 2011 PA 131. The question being on the passage of the bill, Senator Johnson offered the following amendment: 1. Amend page 4, line 16, after “(7),” by striking out the balance of the line through “CHILD” on line 26 and inserting “IF A MEMBER OF A FAMILY INDEPENDENCE PROGRAM ASSISTANCE GROUP DOES NOT MEET THE ATTENDANCE REQUIREMENTS OF SECTION 1561 OF THE REVISED SCHOOL CODE, 1976 PA 451, MCL 380.1561, THAT MEMBER”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 220 Yeas—13 Ananich Hood Knezek Smith Bieda Hopgood O’Brien Warren Gregory Johnson Rocca Young Hertel Nays—25 Booher Hildenbrand MacGregor Robertson Brandenburg Horn Marleau Schmidt Casperson Hune Meekhof Schuitmaker Colbeck Jones Nofs Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen Excused—0 In The Chair: President Not Voting—0 794 JOURNAL OF THE SENATE [May 26, 2015] [No. 50 Senator Young offered the following amendments: 1. Amend page 4, line 14, after “IN” by striking out “SUBSECTION (7)” and inserting “SUBSECTIONS (7) AND (8)”. 2. Amend page 4, line 21, after “IN” by striking out “SUBSECTION (7)” and inserting “SUBSECTIONS (7) AND (8)”. 3. Amend page 5, following line 16, by inserting: “(8) A FAMILY INDEPENDENCE PROGRAM ASSISTANCE GROUP SHALL NOT BE REMOVED FROM RECEIVING FAMILY INDEPENDENCE PROGRAM ASSISTANCE AS DESCRIBED IN SUBSECTION (6), AND A CHILD SHALL NOT BE REMOVED FROM A FAMILY INDEPENDENCE PROGRAM ASSISTANCE GROUP AS DESCRIBED IN SUBSECTION (6) IF THERE ARE LESS THAN 21 SCHOOL DAYS LEFT IN THE SCHOOL YEAR.”. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 221 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Excused—0 Not Voting—0 In The Chair: President Senator Young offered the following amendment: 1. Amend page 5, following line 16, by inserting: “Enacting section 1. Section 57r of the social welfare act, 1939 PA 280, MCL 400.57r, is repealed.”. The amendment was not adopted, a majority of the members serving not voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 222 Yeas—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt No. 50] [May 26, 2015] JOURNAL OF THE SENATE 795 Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Nays—12 Ananich Hertel Johnson Smith Bieda Hood Knezek Warren Gregory Hopgood Rocca Young Excused—0 Not Voting—0 In The Chair: President Recess enator Kowall moved that the Senate recess until 1:45 p.m. S The motion prevailed, the time being 12:02 p.m. The Senate reconvened at the expiration of the recess and was called to order by the Assistant President pro tempore, Senator O’Brien. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 1:46 p.m. 2:33 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. 796 JOURNAL OF THE SENATE [May 26, 2015] [No. 50 Senators Johnson and Young asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Johnson’s statement is as follows: This amendment removes the full family sanction on members of an FIP assistance group. While I understand the sponsor’s goal of promoting responsible parenting and reducing absenteeism, I just find it to be too severe to punish an entire family for the actions of one child. With my amendment, only the truant child would be taken off the FIP, resulting in a reduction of cash assistance rather than a full revocation of family benefits. Let’s consider a single mom with three kids ages 7, 10, and 15. The 7- and 10-year-olds have good attendance, yet the 15-year-old has been repeatedly missing in acts of adolescent defiance, which we know is a phase that many young people go through as they transition into early adulthood. Under this legislation as currently written, the needs of both the 7- and 10-year-old kids would be put into jeopardy because of the actions of their older sibling. I just fundamentally take issue with that, as should all of you who have children. As politicians, we constantly love to boast about being about the children. Let’s not kid ourselves on this one. If we pass this legislation as currently written, it will, in fact, harm children in this state. I ask for your support of this amendment. enator Young’s first statement is as follows: S My amendment says that cash assistance cannot be terminated if there were less than 21 days until the end of the school year. According to the Bridges Eligibility Manual, families can reapply for assistance once the child is in school for 21 consecutive calendar days. What happens if the family has their assistance revoked at the end of the school year? Summer school is not an option for every student, and a family shouldn’t have to wait an entire summer to reapply for benefits. Furthermore, since attendance requirements vary by district, a child simply being tardy for school in the last 21 days of the school year could prevent the entire family from receiving benefits for an entire summer. Cash assistance is the lifeline for these children. I don’t even want to think about the difficulties these families will face if they have to wait over three months just to reapply. Mr. President, this amendment is common sense. Let’s make common sense reign in this Capitol for once. I ask for your support of this amendment. enator Young’s second statement is as follows: S My amendment says that as a condition of passing this legislation, we remove the 48-month cap that was implemented on cash assistance. Furthermore, Governor Snyder signed legislation that removed some of the exemptions that were the result of the major compromise between Democrats and Republicans in 2006 to the time limit in 2011 when additional legislation was passed regarding the 48-month cap. I see a trend in this Legislature to continually try to make it more difficult for poor families to have a safety net, and, moreover, punishing them for being poor. If we are going to make it more difficult for families to be on assistance by codifying this truancy policy, then the least we can do is remove the cap that has caused hardship for so many families. I ask for your support of this amendment. The following bill was read a third time: Senate Bill No. 186, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding sections 811cc, 811dd, 811ee, 811ff, and 811gg. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 223 Yeas—35 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Smith Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Zorn Gregory Knezek Proos No. 50] [May 26, 2015] JOURNAL OF THE SENATE 797 Nays—1 Shirkey Excused—0 Not Voting—2 Hood Young In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4060, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” (MCL 388.1601 to 388.1896) by adding section 275b. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 224 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security 798 JOURNAL OF THE SENATE [May 26, 2015] [No. 50 of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4363, entitled A bill to amend 1984 PA 192, entitled “Forbes mechanical contractors act,” by amending section 10 (MCL 338.980), as amended by 2012 PA 312. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 225 Yeas—25 Booher Horn MacGregor Robertson Casperson Johnson Marleau Schmidt Green Jones Meekhof Schuitmaker Gregory Knezek Nofs Smith Hansen Knollenberg O’Brien Stamas Hertel Kowall Proos Zorn Hildenbrand Nays—13 Ananich Emmons Hune Shirkey Bieda Hood Pavlov Warren Brandenburg Hopgood Rocca Young Colbeck Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to regulate the use, installation, alteration, and servicing of specified heating, cooling, ventilating, and refrigerating equipment and systems; to create a board of mechanical rules; to provide for the licensing of installing contractors and of servicing contractors of heating, cooling, ventilating, and refrigerating equipment and systems; to prescribe fees; to provide for the promulgation of rules; and to prescribe penalties,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4364, entitled A bill to amend 2002 PA 733, entitled “State plumbing act,” by amending section 31 (MCL 338.3541), as amended by 2012 PA 311. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 50] Roll Call No. 226 Booher Casperson Green Gregory Hansen Hertel [May 26, 2015] JOURNAL OF THE SENATE 799 Yeas—23 Hildenbrand Marleau Schmidt Horn Meekhof Schuitmaker Jones Nofs Smith Knollenberg O’Brien Stamas Kowall Proos Zorn MacGregor Robertson Nays—15 Ananich Emmons Bieda Hood Brandenburg Hopgood Colbeck Hune Johnson Shirkey Knezek Warren Pavlov Young Rocca Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to regulate the installation, alteration, maintenance, improvement, and inspection of plumbing; to provide certain powers and duties for certain state agencies and departments; to create a plumbing board; to define plumbing, plumbing contractors, and the classification of plumbers and to set standards for those classifications; to provide for the licensing and regulation of classes of plumbers and plumbing contractors; to prescribe fees and the disposition of money derived from those fees; to provide for the promulgation of rules; to prescribe remedies and penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4381, entitled A bill to amend 1979 PA 152, entitled “State license fee act,” by amending sections 13, 17, 21, 25, 27, 29, 31, 37, 38, and 43 (MCL 338.2213, 338.2217, 338.2221, 338.2225, 338.2227, 338.2229, 338.2231, 338.2237, 338.2238, and 338.2243), sections 13, 17, 21, 25, 27, 29, 31, 37, and 38 as amended by 2012 PA 308 and section 43 as amended by 2013 PA 78. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 227 Booher Casperson Green Gregory Hansen Hertel Yeas—23 Hildenbrand Marleau Schmidt Horn Meekhof Schuitmaker Jones Nofs Smith Knollenberg O’Brien Stamas Kowall Proos Zorn MacGregor Robertson 800 JOURNAL OF THE SENATE [May 26, 2015] [No. 50 Nays—15 Ananich Emmons Bieda Hood Brandenburg Hopgood Colbeck Hune Johnson Shirkey Knezek Warren Pavlov Young Rocca Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the establishment and collection of fees for the investigation, regulation, and enforcement of certain occupations and professions, and for certain agencies and businesses; to create certain funds for certain purposes; and to prescribe certain powers and duties of certain state agencies and departments,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4382, entitled A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 3 (MCL 338.883), as amended by 2012 PA 313. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 228 Booher Casperson Green Gregory Hansen Hertel Yeas—23 Hildenbrand Marleau Schmidt Horn Meekhof Schuitmaker Jones Nofs Smith Knollenberg O’Brien Stamas Kowall Proos Zorn MacGregor Robertson Nays—15 Ananich Emmons Bieda Hood Brandenburg Hopgood Colbeck Hune Excused—0 In The Chair: Schuitmaker Not Voting—0 Johnson Shirkey Knezek Warren Pavlov Young Rocca No. 50] [May 26, 2015] JOURNAL OF THE SENATE 801 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to safeguard persons and property; to provide for licensing and regulation of electricians and electrical contractors concerning the construction, alteration, installation of electrical wiring and equipment and for the inspection of electrical wiring; to create an electrical administrative board; to create certain committees for certain purposes; to provide certain powers and duties for certain departments; to provide for the assessment of certain fees and for the promulgation of rules; and to prescribe penalties for violations of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4383, entitled A bill to amend 1986 PA 54, entitled “Building officials and inspectors registration act,” by amending section 13 (MCL 338.2313), as amended by 2012 PA 314. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 229 Booher Casperson Green Gregory Hansen Hertel Yeas—23 Hildenbrand Marleau Schmidt Horn Meekhof Schuitmaker Jones Nofs Smith Knollenberg O’Brien Stamas Kowall Proos Zorn MacGregor Robertson Nays—15 Ananich Emmons Bieda Hood Brandenburg Hopgood Colbeck Hune Johnson Shirkey Knezek Warren Pavlov Young Rocca Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to regulate and register building officials, plan reviewers, building inspectors, electrical inspectors, mechanical inspectors, and plumbing inspectors; to prescribe the powers and duties of the state construction code commission; to create a building officials advisory board; to require the approval of educational and training programs for building officials, plan reviewers, and inspectors; to provide for the establishment and disposition of fees; to provide for the promulgation of rules; and to prescribe penalties,”. The Senate agreed to the full title. 802 JOURNAL OF THE SENATE [May 26, 2015] [No. 50 The following bill was read a third time: House Bill No. 4384, entitled A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending section 1060 (MCL 450.3060), as amended by 2014 PA 557. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 230 Yeas—22 Booher Horn Meekhof Schmidt Casperson Jones Nofs Schuitmaker Green Knollenberg O’Brien Smith Gregory Kowall Proos Stamas Hansen MacGregor Robertson Zorn Hildenbrand Marleau Nays—16 Ananich Emmons Bieda Hertel Brandenburg Hood Colbeck Hopgood Hune Rocca Johnson Shirkey Knezek Warren Pavlov Young Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4397, entitled A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 1060 (MCL 450.2060), as amended by 2012 PA 315. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 50] Roll Call No. 231 Booher Casperson Green Gregory Hansen Hertel [May 26, 2015] JOURNAL OF THE SENATE 803 Yeas—23 Hildenbrand Marleau Schmidt Horn Meekhof Schuitmaker Jones Nofs Smith Knollenberg O’Brien Stamas Kowall Proos Zorn MacGregor Robertson Nays—15 Ananich Emmons Bieda Hood Brandenburg Hopgood Colbeck Hune Johnson Shirkey Knezek Warren Pavlov Young Rocca Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the organization and regulation of corporations; to prescribe their duties, rights, powers, immunities and liabilities; to provide for the authorization of foreign corporations within this state; to prescribe the functions of the administrator of this act; to prescribe penalties for violations of this act; and to repeal certain acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4398, entitled A bill to amend 2008 PA 551, entitled “Uniform securities act (2002),” by amending section 410 (MCL 451.2410), as amended by 2012 PA 307. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 232 Booher Casperson Green Gregory Hansen Hertel Yeas—23 Hildenbrand Marleau Schmidt Horn Meekhof Schuitmaker Jones Nofs Smith Knollenberg O’Brien Stamas Kowall Proos Zorn MacGregor Robertson Nays—15 Ananich Bieda Emmons Hood Johnson Shirkey Knezek Warren 804 JOURNAL OF THE SENATE [May 26, 2015] Brandenburg Hopgood Colbeck Hune [No. 50 Pavlov Young Rocca Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to enact the uniform securities act (2002) relating to the issuance, offer, sale, or purchase of securities; to prohibit fraudulent practices in relation to securities; to establish civil and criminal sanctions for violations of the act and civil sanctions for violation of the rules promulgated pursuant to the act; to require the registration of broker-dealers, agents, investment advisers, and securities; to regulate Michigan investment markets; to make uniform the law with reference to securities; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4399, entitled A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending section 1101 (MCL 450.5101), as amended by 2012 PA 310. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 233 Booher Casperson Green Gregory Hansen Hertel Yeas—23 Hildenbrand Marleau Schmidt Horn Meekhof Schuitmaker Jones Nofs Smith Knollenberg O’Brien Stamas Kowall Proos Zorn MacGregor Robertson Nays—15 Ananich Emmons Bieda Hood Brandenburg Hopgood Colbeck Hune Excused—0 In The Chair: Schuitmaker Not Voting—0 Johnson Shirkey Knezek Warren Pavlov Young Rocca No. 50] [May 26, 2015] JOURNAL OF THE SENATE 805 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the organization and regulation of limited liability companies; to prescribe their duties, rights, powers, immunities, and liabilities; to prescribe the powers and duties of certain state departments and agencies; and to provide for penalties and remedies,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4400, entitled A bill to amend 1937 PA 284, entitled “An act to prevent the spread of infectious and contagious diseases of livestock; to require persons, associations, partnerships and corporations engaged in the buying, receiving, selling, transporting, exchanging, negotiating, or soliciting sale, resale, exchange or transportation of livestock to be licensed and bonded by the department of agriculture; to keep a producers’ proceeds account; to provide for the refusal, suspension or revocation of such licenses; to provide for weighmasters; to provide for the inspection and disinfection of yards, premises and vehicles; and to provide penalties for the violation of this act,” by amending section 3 (MCL 287.123), as amended by 2012 PA 317. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 234 Booher Casperson Green Gregory Hansen Hertel Yeas—23 Hildenbrand Marleau Schmidt Horn Meekhof Schuitmaker Jones Nofs Smith Knollenberg O’Brien Stamas Kowall Proos Zorn MacGregor Robertson Nays—15 Ananich Emmons Bieda Hood Brandenburg Hopgood Colbeck Hune Johnson Shirkey Knezek Warren Pavlov Young Rocca Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4404, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 10 (MCL 421.10), as amended by 2011 PA 269. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 806 Roll Call No. 235 Bieda Booher Casperson Green Gregory Hansen JOURNAL OF THE SENATE [May 26, 2015] [No. 50 Yeas—24 Hertel Kowall Proos Hildenbrand MacGregor Schmidt Horn Marleau Schuitmaker Johnson Meekhof Smith Jones Nofs Stamas Knollenberg O’Brien Zorn Nays—14 Ananich Hood Pavlov Shirkey Brandenburg Hopgood Robertson Warren Colbeck Hune Rocca Young Emmons Knezek Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the welfare of the people of this state through the establishment of an unemployment compensation fund, and to provide for the disbursement thereof; to create certain other funds; to create the Michigan employment security commission, and to prescribe its powers and duties; to provide for the protection of the people of this state from the hazards of unemployment; to levy and provide for contributions from employers; to levy and provide for obligation assessments; to provide for the collection of those contributions and assessments; to enter into reciprocal agreements and to cooperate with agencies of the United States and of other states charged with the administration of any unemployment insurance law; to furnish certain information to certain governmental agencies for use in administering public benefit and child support programs and investigating and prosecuting fraud; to provide for the payment of benefits; to provide for appeals from redeterminations, decisions and notices of assessments; and for referees and a board of review to hear and decide the issues arising from redeterminations, decisions and notices of assessment; to provide for the cooperation of this state and compliance with the provisions of the social security act and the Wagner-Peyser act passed by the Congress of the United States of America; to provide for the establishment and maintenance of free public employment offices; to provide for the transfer of funds; to make appropriations for carrying out the provisions of this act; to prescribe remedies and penalties for the violation of this act; and to repeal all acts and parts of acts inconsistent with this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4409, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by repealing section 57s (MCL 400.57s), as added by 2006 PA 471. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 236 Ananich Bieda Yeas—38 Hertel Hildenbrand Kowall Rocca MacGregor Schmidt No. 50] [May 26, 2015] JOURNAL OF THE SENATE 807 Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4439, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 806 (MCL 257.806), as amended by 2011 PA 159. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 237 Bieda Booher Casperson Green Gregory Hansen Yeas—24 Hertel MacGregor Robertson Hildenbrand Marleau Schmidt Horn Meekhof Schuitmaker Jones Nofs Smith Knollenberg O’Brien Stamas Kowall Proos Zorn 808 JOURNAL OF THE SENATE [May 26, 2015] [No. 50 Nays—14 Ananich Hood Knezek Shirkey Brandenburg Hopgood Pavlov Warren Colbeck Hune Rocca Young Emmons Johnson Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4440, entitled A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 11 (MCL 247.911), as amended by 2014 PA 302. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 238 Yeas—35 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Zorn Gregory Knezek Proos No. 50] [May 26, 2015] JOURNAL OF THE SENATE 809 Nays—3 Hopgood Warren Young Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The Assistant President pro tempore, Senator O’Brien, resumed the Chair. The following bill was read a third time: House Bill No. 4441, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec­ tions 3104, 3118, 3120, 3122, 4112, 11525a, 17303, and 17317 (MCL 324.3104, 324.3118, 324.3120, 324.3122, 324.4112, 324.11525a, 324.17303, and 324.17317), sections 3104, 3118, 3120, and 3122 as amended by 2011 PA 90, section 4112 as amended by 2010 PA 302, section 11525a as amended by 2013 PA 72, section 17303 as added by 2008 PA 394, and section 17317 as added by 2008 PA 395. The question being on the passage of the bill, Senator Kowall moved that further consideration of the bill be postponed for today. The motion prevailed. The following bill was read a third time: House Bill No. 4443, entitled A bill to amend 1935 PA 120, entitled “An act to prescribe a method for the fingerprinting of residents of the state, and to provide for the recording and filing thereof by the central records division of the department of state police,” by amending the title and section 3 (MCL 28.273), the title as amended by 1985 PA 175 and section 3 as amended by 2012 PA 318. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 239 Yeas—22 Booher Horn Meekhof Schmidt Casperson Jones Nofs Schuitmaker Green Knollenberg O’Brien Smith Gregory Kowall Proos Stamas Hansen MacGregor Robertson Zorn Hildenbrand Marleau Nays—16 Ananich Emmons Bieda Hertel Brandenburg Hood Colbeck Hopgood Hune Rocca Johnson Shirkey Knezek Warren Pavlov Young 810 JOURNAL OF THE SENATE [May 26, 2015] [No. 50 Excused—0 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4445, entitled A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 7 (MCL 28.297), as amended by 2011 PA 158. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 240 Booher Casperson Green Gregory Hansen Hertel Yeas—24 Hildenbrand Marleau Schmidt Horn Meekhof Schuitmaker Jones Nofs Shirkey Knollenberg O’Brien Smith Kowall Proos Stamas MacGregor Robertson Zorn Nays—14 Ananich Emmons Johnson Rocca Bieda Hood Knezek Warren Brandenburg Hopgood Pavlov Young Colbeck Hune Excused—0 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. No. 50] [May 26, 2015] JOURNAL OF THE SENATE 811 The following bill was read a third time: House Bill No. 4446, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 208b, 217a, and 232 (MCL 257.208b, 257.217a, and 257.232), as amended by 2011 PA 159. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 241 Booher Casperson Green Gregory Hansen Hertel Yeas—24 Hildenbrand Marleau Schmidt Horn Meekhof Schuitmaker Jones Nofs Shirkey Knollenberg O’Brien Smith Kowall Proos Stamas MacGregor Robertson Zorn Nays—14 Ananich Emmons Johnson Rocca Bieda Hood Knezek Warren Brandenburg Hopgood Pavlov Young Colbeck Hune Excused—0 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4448, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 30104, 30104b, 30109, 32312, and 32513 (MCL 324.30104, 324.30104b, 324.30109, 324.32312, and 324.32513), sections 30104 and 32513 as amended by 2013 PA 98, section 30104b as amended by 2010 PA 179, and sections 30109 and 32312 as amended by 2011 PA 90. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 812 Roll Call No. 242 Booher Casperson Green Gregory Hansen Hertel JOURNAL OF THE SENATE [May 26, 2015] [No. 50 Yeas—23 Hildenbrand Marleau Schuitmaker Horn Meekhof Shirkey Jones Nofs Smith Knollenberg O’Brien Stamas Kowall Proos Zorn MacGregor Schmidt Nays—15 Ananich Emmons Bieda Hood Brandenburg Hopgood Colbeck Hune Johnson Rocca Knezek Warren Pavlov Young Robertson Excused—0 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. Committee Reports The Committee on Transportation reported House Bill No. 4468, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” (MCL 259.1 to 259.208) by amending the title, as amended by 2002 PA 90, and by adding chapter VIIA. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn and Pavlov Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, May 21, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn and Pavlov Excused: Senators Marleau and Hopgood No. 50] [May 26, 2015] JOURNAL OF THE SENATE COMMITTEE ATTENDANCE REPORT he Conference Committee on Insurance and Financial Services (SB 125) submitted the following: T Meeting held on Tuesday, May 26, 2015, at 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Knollenberg (C) and Marleau Excused: Senator Young COMMITTEE ATTENDANCE REPORT he Conference Committee on Licensing and Regulatory Affairs (HB 4106) submitted the following: T Meeting held on Tuesday, May 26, 2015, at 8:40 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Knollenberg and Marleau Excused: Senator Young COMMITTEE ATTENDANCE REPORT he Conference Committee on Community Colleges (HB 4113) submitted the following: T Meeting held on Tuesday, May 26, 2015, at 9:00 a.m., Room 426, Capitol Building Present: Senators Booher, Schuitmaker, and Knezek COMMITTEE ATTENDANCE REPORT he Conference Committee on Education (HB 4097) submitted the following: T Meeting held on Tuesday, May 26, 2015, at 9:00 a.m., Room 424, Capitol Building Present: Senators Hansen, Pavlov, and Hopgood COMMITTEE ATTENDANCE REPORT he Conference Committee on Higher Education (HB 4103) submitted the following: T Meeting held on Tuesday, May 26, 2015, at 9:15 a.m., Room 426, Capitol Building Present: Senators Schuitmaker, MacGregor and Hertel COMMITTEE ATTENDANCE REPORT he Conference Committee on Natural Resources (HB 4091) submitted the following: T Meeting held on Tuesday, May 26, 2015, at 9:30 a.m., Room 424, Capitol Building Present: Senators Green, Booher and Hopgood COMMITTEE ATTENDANCE REPORT he Conference Committee on Transportation (SB 132) submitted the following: T Meeting held on Tuesday, May 26, 2015, at 9:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hansen (C), Knollenberg and Young COMMITTEE ATTENDANCE REPORT he Conference Committee on Human Services (SB 124) submitted the following: T Meeting held on Tuesday, May 26, 2015, at 11:30 a.m., Rooms 402 and 403, Capitol Building Present: Senators MacGregor (C), Proos and Gregory COMMITTEE ATTENDANCE REPORT he Conference Committee on Environmental Quality (HB 4093) submitted the following: T Meeting held on Tuesday, May 26, 2015, at 12:15 p.m., Room 424, Capitol Building Present: Senators Green, MacGregor and Hopgood 813 814 JOURNAL OF THE SENATE [May 26, 2015] [No. 50 COMMITTEE ATTENDANCE REPORT he Conference Committee on General Government (SB 122) submitted the following: T Meeting held on Tuesday, May 26, 2015, at 1:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Stamas (C), Nofs and Young COMMITTEE ATTENDANCE REPORT he Conference Committee on Corrections (SB 119) submitted the following: T Meeting held on Tuesday, May 26, 2015, at 1:30 p.m., Rooms 402 and 403, Capitol Building Present: Senators Proos (C), Knollenberg and Gregory Scheduled Meetings Appropriations - Wednesday, May 27, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-5307) Subcommittee K-12, School Aid, Education and House School Aid Appropriations Subcommittee - Wednesday, June 3, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Conference Committees Agriculture and Rural Development (SB 115) - Wednesday, May 27, 8:30 a.m., Room 405, Capitol Building (373‑2768) Community Health (SB 118) - Wednesday, May 27, 8:30 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-2768) Criminal Justice Policy Commission - Wednesday, June 3, 10:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212) Finance - Wednesday, June 3, 8:30 a.m., Room 110, Farnum Building (373-5312) Senate Fiscal Agency Board of Governors - Thursday, June 11, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 3:29 p.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Wednesday, May 27, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 51 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, May 27, 2015. 10:00 a.m. The Senate was called to order by the Assistant President pro tempore, Senator Margaret E. O’Brien. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—excused Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 816 JOURNAL OF THE SENATE [May 27, 2015] [No. 51 astor R.B. Ouellette of First Baptist Church of Bridgeport offered the following invocation: P Our dear Heavenly Father, we thank You for the privilege of living in this great country and this wonderful state. I ask that You give wisdom to the men and women who do the people’s business; that they would honor You, that they would stand for truth, and that they would be guided by Your Spirit. Thank You, Heavenly Father, that we can live in a free land, and may the decisions made here help our state to be a good place for us to live and to raise our children. Thank You for sending Your Son, the Lord Jesus Christ, to die on the cross and pay for our sins, so that by believing in Him, we can have everlasting life. We ask Your blessing and guidance in this assembly in the name of Jesus. Amen. The Assistant President pro tempore, Senator O’Brien, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications The President, Lieutenant Governor Calley, assumed the Chair. Senator Brandenburg entered the Senate Chamber. enator Kowall moved that Senator Casperson be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Johnson be excused from today’s session. S The motion prevailed. The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, May 26: House Bill Nos. 4182 4263 4433 The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, May 26, for his approval the following bill: Enrolled Senate Bill No. 139 at 12:51 p.m. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Schuitmaker as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill: House Bill No. 4467, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 20i (MCL 791.220i), as amended by 2012 PA 599. The bill was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 328, entitled A bill to amend 1935 PA 59, entitled “An act to provide for the public safety; to create the Michigan state police, and provide for the organization thereof; to transfer thereto the offices, duties and powers of the state fire marshal, the state oil inspector, the department of the Michigan state police as heretofore organized, and the department of public safety; to create the office of commissioner of the Michigan state police; to provide for an acting commissioner and for the appointment of the officers and members of said department; to prescribe their powers, duties, and immunities; to provide the manner of fixing their compensation; to provide for their removal from office; and to repeal Act No. 26 of the Public Acts of 1919, being sections 556 to 562, inclusive, of the Compiled Laws of 1929, and Act No. 123 of the Public Acts of 1921, as amended, being sections 545 to 555, inclusive, of the Compiled Laws of 1929,” by amending section 8 (MCL 28.8). Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. No. 51] [May 27, 2015] JOURNAL OF THE SENATE 817 During the Committee of the Whole, Senator Casperson entered the Senate Chamber. By unanimous consent the Senate returned to the order of Messages from the House Senator Kowall moved that rule 3.202 be suspended to permit immediate consideration of the following bill: Senate Bill No. 9 The motion prevailed, a majority of the members serving voting therefor. Senate Bill No. 9, entitled A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending sections 2, 7, and 7a (MCL 722.22, 722.27, and 722.27a), section 2 as amended by 2005 PA 327, section 7 as amended by 2005 PA 328, and section 7a as amended by 2012 PA 600. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1970 PA 91, entitled “An act to declare the inherent rights of minor children; to establish rights and duties to their custody, support, and parenting time in disputed actions; to establish rights and duties to provide support for a child after the child reaches the age of majority under certain circumstances; to provide for certain procedure and appeals; and to repeal certain acts and parts of acts,” by amending section 7 (MCL 722.27), as amended by 2005 PA 328. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 243 Yeas—37 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hansen Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. 818 JOURNAL OF THE SENATE [May 27, 2015] [No. 51 Senate Bill No. 196, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 217c, 217f, 248c, and 252a (MCL 257.217c, 257.217f, 257.248c, and 257.252a), section 217c as amended by 2002 PA 642, sections 217f and 248c as amended by 1993 PA 300, and section 252a as amended by 2008 PA 539. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following concurrent resolution be postponed for today: S House Concurrent Resolution No. 3 The motion prevailed. Senators Hopgood, Kowall, Knollenberg, Pavlov, Hertel, Gregory, Hood, Ananich, Warren, Marleau, Johnson, Bieda, Hansen, Schmidt, Colbeck, Booher, Jones, Schuitmaker, Rocca, Brandenburg and Proos offered the following resolution: Senate Resolution No. 64. A resolution to memorialize the United States Congress to do all it can to oppose the construction of an underground nuclear waste repository in Ontario, Canada, and to urge Canadian officials to find alternatives to Ontario Power Generation’s proposal to bury nuclear waste in the Great Lakes Basin. Whereas, Ontario Power Generation (OPG) is proposing to construct a permanent underground burial facility at the Bruce Nuclear Generating Station. This deep geologic repository would be used to contain all of the low- and intermediate-level waste, some of which is highly radioactive and much of which will remain toxic for over 100,000 years, originating from the company’s three Ontario-based facilities. This site, about 440 yards below lake level, is less than a mile inland from the shore of Lake Huron and is approximately 120 miles upstream from the main drinking water intakes for Southeast Michigan; and Whereas, The Canadian Environmental Assessment Agency and Canadian Nuclear Safety Commission appointed a joint review panel that was charged with evaluating OPG’s proposal to bury nuclear waste beside Lake Huron. On May 6, 2015, the joint review panel released its environmental assessment report on the repository, recommending that the federal Minister of Environment approve the project. The Minister of Environment, Leona Aglukkaq, now has 120 days to review the report before deciding if she will accept it, which would allow the licensure process and construction to move forward; and Whereas, In 1986, the Canadian government strongly opposed the United States Department of Energy’s plan to consider the construction of a nuclear waste site in northern Vermont. The Canadian government argued a nuclear waste site in Vermont could contaminate their lakes, rivers, and groundwater, posing a serious risk to human health and the environment. Honoring their request, the Department of Energy agreed to remove the Vermont location from consideration. Almost 30 years later, Michigan and many other states are asking the Canadian government to grant us the same courtesy that the United States granted Canada with the Vermont site; and Whereas, Lake Huron and the other Great Lakes are critically important resources to both the United States and Canada. The Great Lakes are critical for shipping, fishing, boating, recreation, and tourism in the region. The Great Lakes contain 95 percent of North America’s surface freshwater and provide drinking water to over 40 million people in both Canada and the United States. Government entities whose boundaries encompass the Great Lakes Basin are compelled to protect this vital resource for future generations; and Whereas, If nuclear waste spilled into the Great Lakes, it could have lasting and severe adverse environmental, health, and economic impacts on the Great Lakes and the people who depend on them for their livelihood; and Whereas, Placing a permanent nuclear burial facility so close to the Great Lakes is ill-advised. The potential damage to the Great Lakes from any leak or breach of radioactive material far outweighs any benefits that could be derived from burying radioactive waste at the site. The ecology of the lakes, which is valuable beyond measure to the health and economic well-being of this entire region of the continent, should not be placed at risk by storing radioactive waste so close to the shoreline; now, therefore, be it Resolved by the Senate, That we memorialize the United States Congress to do all it can to oppose the construction of an underground nuclear waste repository in Ontario, Canada; and be it further Resolved, That we urge Canadian officials to find alternatives to Ontario Power Generation’s proposal to bury nuclear waste in the Great Lakes Basin; and be it further No. 51] [May 27, 2015] JOURNAL OF THE SENATE 819 Resolved, That copies of this resolution be transmitted to the Canadian Prime Minister, the Premier of Ontario, the Canadian Nuclear Safety Commission, the Canadian Minister of Environment, the United States Nuclear Regulatory Com­mission, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Natural Resources. The motion prevailed. Senator Horn was named co‑sponsor of the resolution. Introduction and Referral of Bills Senator Robertson introduced Senate Bill No. 354, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406t. The bill was read a first and second time by title and referred to the Committee on Insurance. Senator Hansen introduced Senate Bill No. 355, entitled A bill to amend 2008 PA 550, entitled “Michigan promise zone act,” by amending section 5 (MCL 390.1645). The bill was read a first and second time by title and referred to the Committee on Economic Development and Inter­ national Investment. House Bill No. 4182, entitled A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 3 (MCL 15.263), as amended by 1988 PA 278. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. House Bill No. 4263, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16336, 17901, 17905, and 17906 (MCL 333.16336, 333.17901, 333.17905, and 333.17906), as added by 2006 PA 54. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. House Bill No. 4433, entitled A bill to amend 1972 PA 239, entitled “McCauley-Traxler-Law-Bowman-McNeely lottery act,” by amending section 25 (MCL 432.25), as amended by 1998 PA 465. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage: House Bill No. 4467 The motion prevailed, a majority of the members serving voting therefor. 820 JOURNAL OF THE SENATE [May 27, 2015] [No. 51 Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 309 House Bill No. 4467 The motion prevailed. The following bill was read a third time: Senate Bill No. 309, entitled A bill to amend 1978 PA 59, entitled “Condominium act,” by amending section 66 (MCL 559.166), as amended by 1983 PA 113. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 244 Yeas—37 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hansen Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4467, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 20i (MCL 791.220i), as amended by 2012 PA 599. The question being on the passage of the bill, Senator Bieda offered the following amendments: 1. Amend page 1, line 5, after “from” by striking out the balance of the line through “agencies,” on line 6 and inserting “OTHER LOCAL, STATE, OR FEDERAL AGENCIES,”. 2. Amend page 2, line 3, after “section” by striking out the balance of the subsection and inserting a period. 3. Amend page 2, line 10, after “state” by striking out the balance of the line and inserting a period. 4. Amend page 5, following line 6, by inserting: “(10) INMATES AND DETAINEES UNDER THE JURISDICTION OF THE DEPARTMENT SHALL NOT BE HOUSED AT THE FACILITY OPERATED BY A PRIVATE CONTRACTOR UNDER THIS SECTION.” and renumbering the remaining subsection. No. 51] [May 27, 2015] JOURNAL OF THE SENATE 821 he question being on the adoption of the amendments, T Senator Bieda requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 245 Yeas—19 Ananich Hertel Bieda Hood Casperson Hopgood Emmons Horn Gregory Jones Knezek Smith Nofs Warren O’Brien Young Rocca Zorn Schmidt Nays—18 Booher Hildenbrand Marleau Robertson Brandenburg Hune Meekhof Schuitmaker Colbeck Knollenberg Pavlov Shirkey Green Kowall Proos Stamas Hansen MacGregor Excused—1 Johnson Not Voting—0 In The Chair: President Senator Bieda offered the following amendment: 1. Amend page 4, following line 22, by inserting: “(8) AN INMATE OR DETAINEE SHALL NOT BE HOUSED AT THE FACILITY OPERATED BY A PRIVATE CONTRACTOR UNDER THIS SECTION UNLESS HIS OR HER SECURITY CLASSIFICATION, AS IT WOULD BE DETERMINED BY THE DEPARTMENT IF HE OR SHE WERE BEING HOUSED IN A STATE FACILITY, IS LEVEL IV OR BELOW AND HAS NEVER PREVIOUSLY BEEN ABOVE LEVEL IV.” and renumbering the remaining subsections. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 246 Yeas—15 Ananich Gregory Knezek Smith Bieda Hertel Nofs Warren Casperson Hood O’Brien Young Emmons Hopgood Rocca 822 JOURNAL OF THE SENATE [May 27, 2015] [No. 51 Nays—22 Booher Horn Marleau Schmidt Brandenburg Hune Meekhof Schuitmaker Colbeck Jones Pavlov Shirkey Green Knollenberg Proos Stamas Hansen Kowall Robertson Zorn Hildenbrand MacGregor Excused—1 Johnson Not Voting—0 In The Chair: President enator Warren offered the following amendment: S 1. Amend page 5, following line 6, by inserting: “(10) A PRIVATE VENDOR OPERATING A FACILITY UNDER THIS SECTION IS LIABLE FOR ALL DAMAGES ARISING OUT OF THE MANAGEMENT AND OPERATION OF THE FACILITY, INCLUDING ANY SECURITY BREACH, AND IS NOT ELIGIBLE FOR IMMUNITY UNDER 1964 PA 170, MCL 691.1401 TO 691.1419.” and renumbering the remaining subsection. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 247 Ananich Bieda Colbeck Emmons Yeas—16 Gregory Hertel Hood Hopgood Knezek Schuitmaker Nofs Smith O’Brien Warren Rocca Young Nays—21 Booher Horn MacGregor Robertson Brandenburg Hune Marleau Schmidt Casperson Jones Meekhof Shirkey Green Knollenberg Pavlov Stamas Hansen Kowall Proos Zorn Hildenbrand Excused—1 Johnson No. 51] [May 27, 2015] JOURNAL OF THE SENATE 823 Not Voting—0 In The Chair: President enator Hertel offered the following amendment: S 1. Amend page 3, following line 7, by inserting: “(4) THE FACILITY SHALL NOT HOUSE THE FOLLOWING INMATES OR DETAINEES: (A) INDIVIDUALS WITH A HISTORY OF ESCAPING CUSTODY. (B) INDIVIDUALS WITH SEXUAL OFFENSE CONVICTIONS. (C) INDIVIDUALS WITH A HISTORY OF RIOTING WHILE IN CUSTODY.” and renumbering the remaining subsections. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 248 Ananich Bieda Gregory Hertel Yeas—15 Hood Nofs Smith Hopgood O’Brien Warren Horn Rocca Young Knezek Schuitmaker Nays—22 Booher Hansen MacGregor Robertson Brandenburg Hildenbrand Marleau Schmidt Casperson Hune Meekhof Shirkey Colbeck Jones Pavlov Stamas Emmons Knollenberg Proos Zorn Green Kowall Excused—1 Johnson Not Voting—0 In The Chair: President Senator Ananich offered the following amendments: 1. Amend page 3, line 7, after “police.” by inserting “THE FACILITY SHALL PROVIDE THE SHERIFF OF THE COUNTY AND THE STATE POLICE FULL AND IMMEDIATE ACCESS TO THE FACILITY FOR PURPOSES OF INVESTIGATION AND INSPECTION.”. 2. Amend page 5, line 18, after “facility.” by inserting “SERIOUS INCIDENT INCLUDES AN OCCURRENCE THAT PRESENTS A THREAT TO THE OPERATION OF THE FACILITY OR THE HEALTH AND SAFETY OF ITS INMATES AND DETAINEES, STAFF, AND THE SURROUNDING COMMUNITY, INCLUDING THE OUTBREAK OF AN INFECTIOUS OR CONTAGIOUS DISEASE OR AN OCCURRENCE THAT DISRUPTS THE UTILITY OR EMERGENCY SERVICES AT THE FACILITY AND THAT REQUIRES THE INTERVENTION OF THIS STATE, ANY STATE AGENCY OR DEPARTMENT, OR ANY POLITICAL SUBDIVISION OF THIS STATE.”. 824 JOURNAL OF THE SENATE [May 27, 2015] he amendments were not adopted, a majority of the members serving not voting therefor. T Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 249 Ananich Bieda Gregory Hertel Yeas—15 Hood Nofs Smith Hopgood O’Brien Warren Jones Rocca Young Knezek Schuitmaker Nays—22 Booher Hansen MacGregor Robertson Brandenburg Hildenbrand Marleau Schmidt Casperson Horn Meekhof Shirkey Colbeck Hune Pavlov Stamas Emmons Knollenberg Proos Zorn Green Kowall Excused—1 Johnson Not Voting—0 In The Chair: President he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 250 Yeas—23 Booher Hansen MacGregor Robertson Brandenburg Hildenbrand Marleau Schmidt Casperson Hune Meekhof Schuitmaker Colbeck Jones Nofs Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Nays—14 Ananich Bieda Gregory Hertel Hood O’Brien Warren Hopgood Rocca Young Horn Smith Zorn Knezek [No. 51 No. 51] [May 27, 2015] JOURNAL OF THE SENATE 825 Excused—1 Johnson Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to provide for a lifetime electronic monitoring program; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act,”. The Senate agreed to the full title. Protests Senators Young, Bieda, Hood, Hopgood, Ananich, Hertel, Gregory and Smith, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 4467. Senators Young and Bieda moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.” The motion prevailed. Senator Young’s statement is as follows: We are talking about a policy that is literally privatizing prisons. Think about that for a minute. We are literally making a profit out of housing prisoners. That is fundamentally wrong on so many levels. Not only is it bad enough that we have this senseless drug war policy in this country, but now we have gone even further and said let’s make the people whom we are criminalizing for having a piece of a plan, and that’s why we have to free the weed. Let’s make money off of them going to prison. Are you serious right now? This is your corrections policy? The sponsor of this bill must know Yogi the Bear because this bill is boo-boo. It’s garbage. There is no purpose for this legislation—none. It is an embarrassment that you would even think that you can even fathom, that you even have come out of your mind, put in your mind, let alone have formed in your mouth and come out of your lips to support public policy to make money off of incarceration. Why are we even doing this? We are supposed to be in the process of corrections helping people, of making sure that they learn not to do this crime again; not passing policies to make sure that they go to prison longer so the prisons can make money off of them. We are keeping whole economies going through prison as it is, and now we are going to use that tool for private industry? Think about every single law that you’ve passed. Now every single thing that we’ve passed to prohibit, to criminalize, every law that we’ve passed to make a felony, instead of that being crime and punishment, now it’s literally private profit. What does that say about our state? That’s not a pleasant peninsula that I seek, to look about; that’s predatory. That’s not saying let’s have a system, and then make sure that we will right the wrongs and that people do their time; that they pay their debt to society and come back a better, more productive person. That’s the I hope you get locked up, and that’s more money in my pocket. As a matter of fact, let me pass the laws so you can get locked up, so I can put more money in my pocket. Mr. President, where do you think they’re going to go to enforce these laws? Who do you think is going to bear the burden of these laws. It’s going to be the minority community, like it is right now with this drug war. Because the majority of the people—19,000 in this state and the over 750,000 people nationally—who get arrested are minorities. The majority of folks right now in prison are minorities. 826 JOURNAL OF THE SENATE [May 27, 2015] [No. 51 This is nothing more than an opportunity to profit privately off of prisons, off of corrections, off of the poor decisions of others. This is not right. It’s just not. This goes against every single founding principle this state and this nation stands for. Prison is not meant for people to profit off of. For everything that we stand for as a state—for life, liberty, and the pursuit of happiness—Mr. President, I ask you and I ask that my colleagues on the opposite aisle, I beg you, do not vote for this bill. We can do better. The people of Michigan deserve better. We can talk about cutting costs out of the corrections system. But to go down a route of actually making money off of prisoners is false, and that’s not a state I want to live in. Senator Bieda’s statement, in which Senators Hood, Hopgood, Ananich, Hertel, Gregory and Smith concurred, is as follows: Colleagues, I rise to offer a “no” vote explanation to House Bill No. 4467 which will authorize a privately-owned cor­ rec­tional facility in Baldwin to house dangerous prisoners from other states. I have numerous objections to this proposal, and if you care about human decency, the rehabilitative intent of incarceration, the safety of our workers and citizens, and the spending of state dollars, then you should too. It’s a sad state of our economy when the Legislature is looking to treat prisoners like a commodity and import people— yes, even when incarcerated, they are still people—to create jobs and make money. This possible benefit to our economy will be to the detriment of these prisoners and to our citizens as a whole. Recent studies have shown that prisoners do better and have lower recidivism rates if they are housed close to their families and communities. These individuals already feel isolated and alone, and moving them hundreds of miles away from their friends and family will only intensify that. If one of the goals of incarceration is rehabilitation, uprooting these prisoners and taking them away from all they know will make that even more difficult. While we do want to consider the needs of these prisoners, we also have to acknowledge that they are a high-risk population that could pose a serious threat to our workers and residents. In addition, the combination of more potentially dangerous prisoners being housed at a previously-failed private facility could be a recipe for disaster. Despite the majority party’s continued push for prison privatization over the last five years, we have seen that time and again it is causing more problems than it solves. With these private companies and their employees, there have been questionable food practices and numerous health violations, drug smuggling and selling, improper and sexual contact with inmates, and even conspiracy to commit violence on others. If they’re not even accomplishing the basic purpose of being private—being financially stable and self-sustaining— Aramark has already indicated that they will need more state money next year. These are just the problems that we know about. Now we want to entrust a huge influx of Level 5 inmates to another private facility with little state input or oversight. It’s a facility owned by the same company that used to house juvenile offenders before it was shut down by Governor Granholm for its numerous abuses and violations. The company GEO Group also has had problems in other private prison facilities they operate in other states, including a massive riot in Indiana in 2007 and reports of numerous regulatory actions and lawsuits. Now we want to reward their problematic track record and equally bad reputation by allowing them to manage some of the most dangerous prisoners in the country. Simply put, there was a reason that this facility was closed. With nothing changed but the severity of the prisoners, there’s no reason it should be reopened. Unfortunately, some of my colleagues are treating this like a foregone conclusion. They’ve already made their promises to their special interests, so much so that the Vermont Department of Corrections last week already announced their contract with GEO Group to start shipping their inmates to Michigan to a facility that has not been approved to even open yet. This legislation hasn’t even passed this chamber, let alone come across the Governor’s desk. As you can see, this bill raises significant questions and with them bipartisan opposition. In fact, in the House, a Republican legislator called this bill one of the ten worst he has seen. I urge all of you to give this bill the same scrutiny and commonsense consideration. It is a bad bill that helps one private prison company that has already failed and entrusts them with a volatile prison population. It poses a risk to prisoners, the workers, and the citizens-at-large. The language in this bill is open enough to allow the transfer of prisoners from state prisons to this privately-run facility. With the Legislature’s neglect to address that issue, I think this bill has a lot of problems and dangers, and I think it is a bad course and road for us to follow legislatively. I urge your opposition to this bill. Senators Proos, Hertel, Ananich, Casperson and Hansen asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Proos’ statement is as follows: I appreciate the opportunity to rise in opposition to this particular amendment. I recognize that the good Senator from the 9th District is right to ask the question about what it is that we are doing, Mr. President, as it relates to private prisons versus nonprivate prisons. The Senator from the 35th District just rose in opposition and spoke to the fact that this is No. 51] [May 27, 2015] JOURNAL OF THE SENATE 827 a private business with a private facility in Lake County with a bunch of folks who are looking for jobs who would be trained and prepared to provide the service which is necessary to house these prisoners from another state. Again, I will remind our colleagues in the chamber here that this is a private business engaged in a private contract to bring in prisoners from another state. This isn’t a discussion by any stretch of the imagination of whether or not we have private prisons in Michigan or not. We have one here already, and it is a private business. It’s a private business that is trying to keep its doors open and employ folks from that particular county. I don’t think it is right for us as the Senate to stand in the way of that discussion and allow them to somehow have to tie the hands of the future of that worthy discussion. I think the Senator from the 9th District is right to say what we do about private prisons in the future. Well, let’s discuss that. Let’s talk about our cost per prisoner in the state of Michigan. Let’s talk about how it is we save money in our Corrections budget. Let’s talk about whether or not that is a worthwhile endeavor, but this is not the appropriate place to do it. Folks, this is not the appropriate amendment to do this in. I want that debate. I think we should have that debate. I think we should discuss whether or not this makes sense, but in the meantime, let’s allow this private industry to operate in a county that desperately needs to employ its people with a private business which is in the middle of a contract or seeking a contract with another state to house prisoners. I rise in opposition because I think this is a debate to be had later. This amendment is a worthwhile amendment to talk about at a later date, but today I ask for its defeat. enator Hertel’s statement is as follows: S Just to point out to everyone in the room, in 2006, a prisoner escaped from GEO Group’s Florence West prison, which was a state-of-the-art facility. In 2007, there was a riot at the New Castle Correctional Facility. At another private prison in Ohio last year, two more prisoners escaped. Just imagine the actual headlines if you vote this amendment down, there is an escape from this prison, and someone is injured in the future. I ask that you support this amendment. enator Ananich’s statement is as follows: S My amendment would require that the facility provide the sheriff and Michigan State Police—and it’s my understanding that they have a good Democratic sheriff—with full and immediate access if a serious incident occurs at the facility. In the interest of ensuring safety for the inmates, prison employees, and the surrounding community, I ask my colleagues for their support of this commonsense amendment. enator Casperson’s statement is as follows: S I rise to support this legislation and would like my colleagues to know. The good Senator from the 34th District and myself probably have experienced this more than anyone in this room, having gone through some terrible times with our correctional facilities. No one stood by me stronger than him when we had trouble in my community, and we just about closed a prison and decimated a small community that really relied on the jobs that were there. I want to make sure that it’s said up front because the people who have spoken today are passionate, and they are certainly sincere in their beliefs. I do have to say after listening to the debate that I am concerned. I have heard a lot of comments made about how bad GEO is and all the things that they have allowed to happen. I would simply say to be careful when you are pointing like that because you have three fingers pointing back at you. I have a lot of correctional facilities in my district, and I have been in every one. I have been in some multiple times, and I can tell you that no one deserves more respect than our corrections officers—I don’t care if they are private or state—for what they deal with daily. I don’t know how they do it. I want to be respectful of all of them. As far as this project is concerned, the one area where I think we are making a mistake and the most disappointing to me is I think it is important, as the Senator from the 21st District has worked harder than anyone I know on the Corrections budget, this conversation being alluded to should take place later. I think that is where the mistake is: The conversation should take place now. I think they have every right to have this business activity and the jobs, and that is why I will support the bill. I do think there is more to this. We were told this would bring in outside prisoners, and it was a great facility for that purpose. It is, but I think we should have the discussion about the long-term intentions. It still could be a positive, but I think when we talk about politics and the way this thing was closed under the last administration, it was politics. I would just say we may be doing a little bit of that ourselves now by not being honest and straightforward about the long-term intent. In spite of all that, Baldwin deserves a chance and people deserve jobs. enator Hansen’s statement is as follows: S I rise today in support of House Bill No. 4467. The original bill that this adjusts was my bill. It was from 2006, and it’s PA 351. Now, I challenge the people who feel that this is not a good thing. I challenge you to go to Lake County. I challenge you to talk to the people who live in Lake County, the people whom you feel that you are, I guess, protecting. 828 JOURNAL OF THE SENATE [May 27, 2015] [No. 51 They went through a time when the prison was operating. You folks who have prisons in your districts understand this. When the prison was operating, things were going very well. Then the last administration pulled the rug out from under Lake County. They had put in sewer systems, water systems, and all of these different things to support the prison being there. Then the contract gets pulled out from under them. They don’t have the money to pay for their sewer system. They didn’t have the money to pay for the water system which they put in and all for what? All for political gain. When this bill was put in place, there were safeguards in there. This is not just open the gates, and let them all come in. There are many, many safeguards in this. It talks about allowing the private vendor to operate with detainees from other states or federal agencies. It requires that a contract for housing detainees or inmates under the bill mandate that the facility be accredited, that employees meet certain training standards, and that serious incidents be reported to the county sheriff and the State Police. It authorizes staff of the facility to perform the duties and responsibilities to the same extent as DOC personnel in a state correctional facility. It prohibits a contract with a local state or federal agency from delegating to the vendors certain authority regarding parole eligibility or earned credits. It requires the facility to allow the agency sending the inmates to monitor the conditions of confinement. It prohibits work release, prescribes the security classification, prohibits the release in Michigan of the inmates sent from out of state, and requires the secure transfer of inmates. It specifies that DOC would not have the oversight responsibility, and the state would not be civilly liable for the facility’s operation. The safeguards are there. It has worked well in the past. You don’t have to go very far back. I think it was a year ago Super Bowl Sunday when we had one of our facilities who lost an inmate—walked away. So this is an opportunity. It’s a facility that is there, it’s one of the best in its class, and GEO is a group which has been doing this for a long time. They are one of the largest in the nation, in the world. So I urge folks, my colleagues here, to help an area with something to get them back on their feet. I urge you to support this. enator Kowall moved that when the Senate adjourns today, it stand adjourned until Wednesday, June 3, at 10:00 a.m. S The motion prevailed. Committee Reports COMMITTEE ATTENDANCE REPORT he Conference Committee on Judiciary (HB 4105) submitted the following: T Meeting held on Tuesday, May 26, 2015, at 11:00 a.m., Room 424, Capitol Building Present: Senators Proos, Schuitmaker and Young COMMITTEE ATTENDANCE REPORT he Conference Committee on Military and Veterans Affairs (SB 128) submitted the following: T Meeting held on Tuesday, May 26, 2015, at 12:00 noon, Rooms 402 and 403, Capitol Building Present: Senators Nofs (C), Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Conference Committee on State Police (SB 131) submitted the following: T Meeting held on Tuesday, May 26, 2015, at 12:30 p.m., Rooms 402 and 403, Capitol Building Present: Senators Nofs (C), Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Committee on Insurance submitted the following: T Meeting held on Tuesday, May 26, 2015, at 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Hune (C), Brandenburg, Schmidt, O’Brien, Horn, Bieda, Johnson and Young Excused: Senator Jones No. 51] [May 27, 2015] JOURNAL OF THE SENATE 829 COMMITTEE ATTENDANCE REPORT he Conference Committee on Agriculture and Rural Development (SB 115) submitted the following: T Meeting held on Wednesday, May 27, 2015, at 8:30 a.m., Room 405, Capitol Building Present: Senators Green (C), Stamas and Hopgood COMMITTEE ATTENDANCE REPORT he Conference Committee on Community Health (SB 118) submitted the following: T Meeting held on Wednesday, May 27, 2015, at 8:30 a.m., House Appropriations Room, 3rd Floor, Capitol Building Present: Senators Marleau (C), Shirkey and Hertel Scheduled Meetings Appropriations Subcommittee K-12, School Aid, Education and House School Aid Appropriations Subcommittee - Wednesday, June 3, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Conference Committee School Aid (HB 4089) - Tuesday, June 2, 9:00 a.m., Room 426, Capitol Building (373-8080) Criminal Justice Policy Commission - Wednesday, June 3, 10:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212) Finance - Wednesday, June 3, 8:30 a.m., Room 110, Farnum Building (373-5312) Senate Fiscal Agency Board of Governors - Thursday, June 11, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:22 a.m. In pursuance of the order previously made, the President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, June 3, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 830 No. 52 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, June 3, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 832 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 astor Joe Jackson of Community Baptist Church of Grand Ledge offered the following invocation: P Lord, we come before You today pursuing Your wisdom and guidance. We are grateful to be part of this great nation. Let us never forget those who have fought for the freedoms we have so sworn to protect. Let us honor those who have given their last full measure of devotion, and let us be just as devoted to the cause of liberty and justice. Lord, may You guide and protect our leaders, and help them to do what is right for our great state and this nation we all love so much. In Thy name, Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Hopgood and Zorn entered the Senate Chamber. enator Hood moved that Senator Johnson be temporarily excused from today’s session. S The motion prevailed. The following communication was received and read: Office of the Senate Majority Leader June 1, 2015 ursuant to Joint Rule 3, I remove myself as Chair of the Conference Committee on SB 133 and appoint Senator Dave P Hildenbrand as Chair. Thank you for your prompt consideration of this matter. Respectfully yours, Arlan B. Meekhof Senate Majority Leader 30th Senate District The communication was referred to the Secretary for record. The following communication was received and read: Office of the Auditor General May 29, 2015 nclosed is a copy of the following audit report: E Performance audit report on the Prisoner Accounts, Prisoner Store Programs, and Prisoner Benefit Funds, Department of Corrections. Sincerely, Doug Ringer Auditor General The audit report was referred to the Committee on Government Operations. The following communications were received: Department of State Administrative Rules Notices of Filing May 13, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-024-SP (Secretary of State Filing #15-05-08) on this date at 3:06 p.m. for the Department of State Police, entitled “State Assistance to Counties and Municipalities.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 833 May 13, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-076-TY (Secretary of State Filing #15-05-07) on this date at 3:06 p.m. for the Department of Treasury, entitled “Audit Standards for Field Audits.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. May 20, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-109-EQ (Secretary of State Filing #15-05-10) on this date at 4:09 p.m. for the Department of Environmental Quality, entitled “Part 9. Emission Limitations and Prohibitions Miscellaneous.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. May 21, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-086-LR (Secretary of State Filing #15-05-12) on this date at 3:04 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 16. Power Transmission and Distribution.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. May 21, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-090-LR (Secretary of State Filing #15-05-13) on this date at 3:04 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 33. Personal Protective Equipment.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. May 21, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-069-LR (Secretary of State Filing #15-05-11) on this date at 3:04 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 73. Fire Brigades.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. May 21, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-003-LR (Secretary of State Filing #15-05-09) on this date at 4:09 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Recording and Reporting of Occupational Injuries and Illnesses.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. May 22, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-123-LR (Secretary of State Filing #15-05-14) on this date at 4:30 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 45. Die Casting.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. 834 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 May 22, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-022-LR (Secretary of State Filing #15-05-15) on this date at 4:31 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 509. Illumination.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. May 22, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-023-LR (Secretary of State Filing #15-05-16) on this date at 4:31 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 510. Illumination.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, May 27: House Bill Nos. 4447 4541 4542 4543 4544 The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, June 2: House Bill Nos. 4047 4458 4522 4523 4562 The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, June 2, for his approval the following bills: Enrolled Senate Bill No. 221 at 11:40 a.m. Enrolled Senate Bill No. 86 at 11:42 a.m. Enrolled Senate Bill No. 271 at 11:44 a.m. The Secretary announced that the following bills were printed and filed on Wednesday, May 27, and are available at the Michigan Legislature website: Senate Bill Nos. 354 355 House Bill Nos. 4637 4638 4639 4640 4641 4642 4643 4644 4645 4646 4647 4648 4649 4650 4651 4652 4653 The Secretary announced that the following bills were printed and filed on Thursday, May 28, and are available at the Michigan Legislature website: House Bill Nos. 4654 4655 4656 4657 enator Kowall moved that rule 2.106 be suspended to allow committees to meet during Senate session. S The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today: House Bill No. 4391 House Bill No. 4444 House Bill No. 4449 House Bill No. 4451 House Bill No. 4470 House Bill No. 4568 House Bill No. 4569 The motion prevailed, a majority of the members serving voting therefor. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 835 Senator Kowall moved that the rules be suspended and that the following concurrent resolution, now on Committee Reports, be placed on the Resolutions calendar for consideration today: Senate Concurrent Resolution No. 15 The motion prevailed, a majority of the members serving voting therefor. Messages from the Governor The following messages from the Governor were received and read: May 15, 2015 I respectfully submit to the Senate the following appointment to office: Executive Director - Michigan Agency for Energy Valerie Brader of 1558 Newport Creek Drive, Ann Arbor, Michigan 48103, county of Washtenaw, is appointed for a term commencing May 18, 2015, and expiring at the pleasure of the Governor. May 15, 2015 I respectfully submit to the Senate the following appointment to office: Director - Department of Insurance and Financial Services Patrick M. McPharlin of 8920 W. Lake Point Drive, Laingsburg, Michigan 48848, county of Shiawassee, is appointed for a term commencing May 18, 2015, and expiring at the pleasure of the Governor. May 27, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Board of Dentistry William Perrone of 5289 Bear Lake Drive, East Lansing, Michigan 48823, county of Ingham, representing the general public, succeeding Donna Hondorp, is appointed for a term commencing July 1, 2015, and expiring June 30, 2019. William Maher of 4164 Ramblewood Drive, Troy, Michigan 48085, county of Oakland, representing dentists, succeeding Craig Spencer, is appointed for a term commencing July 1, 2015, and expiring June 30, 2019. Kerry Kaysserian of 4391 Silver Valley Lane, Traverse City, Michigan 49686, county of Grand Traverse, representing dentists, succeeding himself, is reappointed for a term commencing July 1, 2015, and expiring June 30, 2019. Daniel Briskie of 1411 Bush Creek Drive, Grand Blanc, Michigan 48439, county of Genesee, representing dentists with a health profession specialty certification, succeeding himself, is reappointed for a term commencing July 1, 2015, and expiring June 30, 2019. Sandra Franklin of 22340 St. Gertrude Road, St. Clair Shores, Michigan 48081, county of Macomb, representing dental hygienists, succeeding herself, is reappointed for a term commencing July 1, 2015, and expiring June 30, 2019. Carol Stamm of 2575 N. Latson Road, Howell, Michigan 48855, county of Livingston, representing dental assistants, succeeding herself, is reappointed for a term commencing July 1, 2015, and expiring June 30, 2019. May 27, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Employment Relations Commission Robert S. LaBrant of 12411 Pine Ridge Drive, Perry, Michigan 48872, county of Shiawassee, a Republican, succeeding himself, is reappointed for a term expiring June 30, 2018. May 27, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Gaming Control Board Carla Walker-Miller of 19280 Burlington Drive, Detroit, Michigan 48203, county of Wayne, representing Democrats, succeeding Dennis Beagen, is appointed for a term expiring December 31, 2016. May 27, 2015 I respectfully submit to the Senate the following appointment to office: Governor’s Council on Physical Fitness, Health and Sports Raquel Thueme of 2977 Lansdowne Road, Waterford, Michigan 48329, county of Oakland, succeeding Michelle Phillipich, is appointed for a term expiring April 30, 2017. May 27, 2015 I respectfully submit to the Senate the following appointment to office: Huron-Clinton Metropolitan Authority Board of Commissioners Timothy J. McCarthy of 319 Lincoln Road, Grosse Pointe, Michigan 48230, county of Wayne, succeeding himself, is reappointed for a term expiring May 2, 2019. 836 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 May 27, 2015 I respectfully submit to the Senate the following appointments to office: Chair - Investment Advisory Committee James B. Nicholson of 222 Cloverly Road, Grosse Pointe Farms, Michigan 48236, county of Wayne, is appointed for a term expiring at the pleasure of the Governor. I nvestment Advisory Committee Reginald Sanders of 6341 McGillicuddy Lane, Portage, Michigan 49024, county of Kalamazoo, succeeding Nick Khouri, is appointed for a term expiring December 15, 2015. May 27, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Board of Pharmacy David F. Hills of 1418 Lake Boulevard #1, St. Joseph, Michigan 49085, county of Berrien, representing the general public, succeeding Patricia Harney, is appointed for a term commencing July 1, 2015, and expiring June 30, 2019. Nichole L. Penny of 55670 Resort Road, Three Rivers, Michigan 49093, county of Saint Joseph, representing pharmacists, succeeding herself, is reappointed for a term expiring June 30, 2019. Suit Hing Moy-Sandusky of 2923 Baylis Drive, Ann Arbor, Michigan 48108, county of Washtenaw, representing pharmacists, succeeding herself, is reappointed for a term expiring June 30, 2019. Patricia A. Smeelink of 7606 Aspenwood, Ada, Michigan 49301, county of Kent, representing pharmacists, succeeding herself, is reappointed for a term expiring June 30, 2019. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Shirkey as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4444, entitled A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100c, 100d, 134, 135, 136, 137, 138, 139, 143, 143a, 148, 149, and 149b (MCL 330.1100c, 330.1100d, 330.1134, 330.1135, 330.1136, 330.1137, 330.1138, 330.1139, 330.1143, 330.1143a, 330.1148, 330.1149, and 330.1149b), sections 100c and 100d as amended by 2014 PA 200, sections 134, 136, 143, 143a, 148, 149, and 149b as amended by 1994 PA 137, sections 135 and 139 as amended by 1995 PA 290, section 137 as amended by 2004 PA 259, and section 138 as amended by 2006 PA 207. House Bill No. 4449, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 5522 (MCL 324.5522), as amended by 2011 PA 164. House Bill No. 4470, entitled A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 2111, 2125, 4111, and 4113 (MCL 289.2111, 289.2125, 289.4111, and 289.4113), section 2111 as amended by 2007 PA 113, sections 2125 and 4111 as amended by 2012 PA 178, and section 4113 as amended by 2007 PA 114. House Bill No. 4568, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 80130, 80315, 81114, and 82156 (MCL 324.80130, 324.80315, 324.81114, and 324.82156), as amended by 2011 PA 90. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 837 House Bill No. 4569, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 801, 802, 803b, 803r, 804, 806, 809, 811e, and 811h (MCL 257.801, 257.802, 257.803b, 257.803r, 257.804, 257.806, 257.809, 257.811e, and 257.811h), section 801 as amended by 2012 PA 498, sections 802, 803r, 804, 806, 809, 811e, and 811h as amended by 2011 PA 159, and section 803b as amended by 2015 PA 11. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4391, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 8307a, 8308, 8310, 8310a, 8312, 8313, 8317, 8504, 8505, 8506, 8704, 8708, 8710, 8715, 8716, and 8807 (MCL 324.8307a, 324.8308, 324.8310, 324.8310a, 324.8312, 324.8313, 324.8317, 324.8504, 324.8505, 324.8506, 324.8704, 324.8708, 324.8710, 324.8715, 324.8716, and 324.8807), section 8307a as added and sections 8312 and 8313 as amended by 2002 PA 418, section 8310 as amended and section 8310a as added by 2008 PA 18, section 8317 as amended by 2012 PA 316, sections 8504 and 8505 as amended by 2014 PA 178, section 8506 as amended by 2006 PA 503, sections 8704, 8710, 8715, and 8716 as amended by 2011 PA 2, section 8708 as amended by 2013 PA 46, and section 8807 as amended by 2011 PA 1, and by adding section 8506a; and to repeal acts and parts of acts. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4451, entitled A bill to amend 1975 PA 120, entitled “Michigan commercial feed law,” by amending sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 (MCL 287.521, 287.522, 287.523, 287.524, 287.525, 287.526, 287.527, 287.528, 287.529, 287.530, 287.531, 287.532, 287.533, 287.534, and 287.535), sections 3 and 6 as amended by 1980 PA 338, and by adding sections 16, 17, 18, and 19. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendments, the following bill: House Bill No. 4434, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 117a (MCL 400.117a), as amended by 2014 PA 520. The following are the amendments recommended by the Committee of the Whole: 1. Amend page 4, line 9, after “(a)” by striking out “AND” and inserting a comma. 2. Amend page 4, line 10, after “APPROPRIATIONS,” by inserting “UNTIL SEPTEMBER 30, 2016,”. 3. Amend page 4, line 25, after “(c)” by inserting a comma. 4. Amend page 4, line 26, by striking out “AND”. 5. Amend page 5, line 1, after “2013” by inserting “UNTIL SEPTEMBER 30, 2016,”. 6. Amend page 5, line 16, after “(a)” by striking out “AND” and inserting a comma. 7. Amend page 5, line 17, after “APPROPRIATIONS,” by inserting “UNTIL SEPTEMBER 30, 2016,”. The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Conference Reports Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:26 a.m. 838 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 10:33 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. Senator Kowall moved that joint rule 9 be suspended to permit immediate consideration of the conference report relative to the following bill: Senate Bill No. 133 The motion prevailed, a majority of the members serving voting therefor. Senator Johnson entered the Senate chamber. Senator Hildenbrand submitted the following: FIRST CONFERENCE REPORT The Committee of Conference on the matters of difference between the two Houses concerning Senate Bill No. 133, entitled A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2016 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations. Recommends: First: That the House recede from the Substitute of the House as passed by the House. Second: That the Senate and House agree to the Substitute of the Senate as passed by the Senate, amended to read as follows: A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2016 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: ARTICLE I DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT PART 1 LINE-ITEM APPROPRIATIONS Sec. 101. There is appropriated for the department of agriculture and rural development for the fiscal year ending September 30, 2016, from the following funds: DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT APPROPRIATION SUMMARY Full-time equated unclassified positions............................................................................. 6.0 Full-time equated classified positions............................................................................. 454.0 GROSS APPROPRIATION.......................................................................................................... $ 86,594,000 Interdepartmental grant revenues: IDG from LARA (LCC), liquor quality testing fees.................................................................... 216,100 IDG from MDEQ, biosolids......................................................................................................... 101,200 Total interdepartmental grants and intradepartmental transfers................................................... 317,300 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 86,276,700 Federal revenues: Department of Interior.................................................................................................................. 342,600 EPA, multiple grants..................................................................................................................... 1,297,500 HHS-FDA..................................................................................................................................... 2,493,100 USDA, multiple grants................................................................................................................. 6,294,700 Total federal revenues................................................................................................................... 10,427,900 Special revenue funds: Private - commodity group revenue............................................................................................. 107,300 Private - Slow-the-Spread Foundation.......................................................................................... 20,800 Total private revenues................................................................................................................... 128,100 Agricultural preservation fund...................................................................................................... 598,900 Agriculture equine industry development fund............................................................................ 4,277,500 Agriculture licensing and inspection fees.................................................................................... 4,345,500 Animal welfare fund..................................................................................................................... 217,100 Commodity inspection fees.......................................................................................................... 508,600 Consumer and industry food safety education fund..................................................................... 348,800 No. 52] [June 3, 2015] JOURNAL OF THE SENATE Dairy and food safety fund.......................................................................................................... $ Feed control fund......................................................................................................................... Freshwater protection fund........................................................................................................... Gasoline inspection and testing fund........................................................................................... Grain dealers fee fund.................................................................................................................. Horticulture fund.......................................................................................................................... Industry support funds.................................................................................................................. Migratory labor housing fund...................................................................................................... Nonretail liquor fees..................................................................................................................... Private forestland enhancement fund............................................................................................ Refined petroleum fund................................................................................................................ Renewable fuels fund................................................................................................................... Testing fees................................................................................................................................... Weights and measures regulations fees........................................................................................ Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ State general fund/general purpose schedule: Ongoing state general fund/general purpose............................................................................ $ One-time state general fund/general purpose........................................................................... $ Sec. 102. DEPARTMENTWIDE Full-time equated unclassified positions............................................................................. 6.0 Full-time equated classified positions............................................................................... 28.0 Commissions and boards.............................................................................................................. $ Unclassified positions—6.0 FTE positions.................................................................................. Executive direction—9.0 FTE positions....................................................................................... Operational services—15.0 FTE positions................................................................................... Statistical reporting service—1.0 FTE position........................................................................... Emergency management—3.0 FTE positions............................................................................... Accounting service center............................................................................................................ Building occupancy charges......................................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: HHS-FDA..................................................................................................................................... Special revenue funds: Private - commodity group revenue............................................................................................. Agricultural preservation fund...................................................................................................... Agriculture licensing and inspection fees.................................................................................... Dairy and food safety fund.......................................................................................................... Freshwater protection fund........................................................................................................... Gasoline inspection and testing fund........................................................................................... Grain dealers fee fund.................................................................................................................. Industry support funds.................................................................................................................. Migratory housing fund................................................................................................................ Nonretail liquor fees..................................................................................................................... Refined petroleum fund................................................................................................................ State general fund/general purpose.............................................................................................. $ Sec. 103. INFORMATION AND TECHNOLOGY Information technology services and projects.............................................................................. $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG from LARA (LCC), liquor quality testing fees.................................................................... Special revenue funds: Agricultural preservation fund...................................................................................................... Agriculture licensing and inspection fees.................................................................................... 839 For Fiscal Year Ending Sept. 30, 2016 4,870,700 971,000 6,316,600 2,618,700 605,200 38,200 426,700 164,400 839,900 284,900 3,874,600 51,800 287,600 1,000,400 32,647,100 43,073,600 41,873,600 1,200,000 23,800 532,600 1,376,100 1,736,700 150,400 600,300 1,115,900 625,300 6,161,100 324,100 77,400 15,100 293,200 384,400 22,300 74,000 7,300 52,800 26,200 27,900 220,300 4,636,100 1,372,500 1,372,500 3,200 200 32,400 840 JOURNAL OF THE SENATE [June 3, 2015] Freshwater protection fund........................................................................................................... $ Gasoline inspection and testing fund........................................................................................... Nonretail liquor fees..................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 104. FOOD AND DAIRY Full-time equated classified positions............................................................................. 121.0 Food safety and quality assurance—91.0 FTE positions............................................................. $ Milk safety and quality assurance—30.0 FTE positions.............................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: HHS-FDA..................................................................................................................................... USDA, multiple grants................................................................................................................. Special revenue funds: Consumer and industry food safety education fund..................................................................... Dairy and food safety fund.......................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 105. ANIMAL INDUSTRY Full-time equated classified positions............................................................................... 60.0 Animal disease prevention and response—60.0 FTE positions................................................... $ Indemnification - livestock depredation....................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: HHS-FDA..................................................................................................................................... USDA, multiple grants................................................................................................................. Special revenue funds: Private commodity group revenue................................................................................................ Agriculture licensing and inspection fees.................................................................................... Animal welfare fund..................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 106. PESTICIDE AND PLANT PEST MANAGEMENT Full-time equated classified positions............................................................................... 85.0 Pesticide and plant pest management—80.0 FTE positions........................................................ $ Producer security/grain dealers—5.0 FTE positions.................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Department of Interior.................................................................................................................. EPA, multiple grants..................................................................................................................... HHS-FDA..................................................................................................................................... USDA, multiple grants................................................................................................................. Special revenue funds: Private - Slow-the-Spread Foundation.......................................................................................... Agriculture licensing and inspection fees.................................................................................... Commodity inspection fees.......................................................................................................... Feed control fund......................................................................................................................... Freshwater protection fund........................................................................................................... Grain dealers fee fund.................................................................................................................. Horticulture fund.......................................................................................................................... Industry support funds.................................................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 107. ENVIRONMENTAL STEWARDSHIP Full-time equated classified positions............................................................................... 55.0 Environmental stewardship - MAEAP—23.0 FTE positions....................................................... $ Farmland and open space preservation—7.0 FTE positions........................................................ [No. 52 For Fiscal Year Ending Sept. 30, 2016 100 31,400 500 1,304,700 13,537,800 4,170,600 17,708,400 1,172,000 133,800 348,800 4,486,300 11,567,500 8,881,000 50,000 8,931,000 65,600 518,600 29,900 48,900 217,100 8,050,900 13,271,100 643,800 13,914,900 222,000 524,300 319,700 829,800 20,800 3,893,600 508,600 971,000 151,400 597,900 38,200 242,300 5,595,300 9,128,500 905,200 No. 52] [June 3, 2015] JOURNAL OF THE SENATE Qualified forest program—9.0 FTE positions.............................................................................. $ Commercial forestry audit program............................................................................................. Migrant labor housing—9.0 FTE positions.................................................................................. Right-to-farm—3.0 FTE positions................................................................................................ Intercounty drain—4.0 FTE positions.......................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG from MDEQ, biosolids......................................................................................................... Federal revenues: Department of Interior.................................................................................................................. EPA, multiple grants..................................................................................................................... USDA, multiple grants................................................................................................................. Special revenue funds: Agricultural preservation fund...................................................................................................... Freshwater protection fund........................................................................................................... Migratory labor housing fund...................................................................................................... Private forestland enhancement fund............................................................................................ State general fund/general purpose.............................................................................................. $ Sec. 108. LABORATORY PROGRAM Full-time equated classified positions............................................................................... 90.0 Laboratory services—37.0 FTE positions.................................................................................... $ USDA monitoring—13.0 FTE positions...................................................................................... Consumer protection program—40.0 FTE positions.................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG from LARA (LCC), liquor quality testing fees.................................................................... Federal revenues: EPA, multiple grants..................................................................................................................... HHS-FDA..................................................................................................................................... USDA, multiple grants................................................................................................................. Special revenue funds: Agriculture equine industry development fund............................................................................ Agriculture licensing and inspection fees.................................................................................... Gasoline inspection and testing fund........................................................................................... Refined petroleum fund................................................................................................................ Renewable fuels fund................................................................................................................... Testing fees................................................................................................................................... Weights and measures regulation fees.......................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 109. AGRICULTURE DEVELOPMENT Full-time equated classified positions............................................................................... 14.0 Agriculture development—11.0 FTE positions............................................................................ $ Grape and wine program—3.0 FTE positions.............................................................................. Rural development value-added grants......................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: USDA, multiple grants................................................................................................................. Special revenue funds: Industry support funds.................................................................................................................. Nonretail liquor fees..................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 110. FAIRS AND EXPOSITIONS Full-time equated classified positions................................................................................. 1.0 841 For Fiscal Year Ending Sept. 30, 2016 2,682,500 300,000 1,186,600 567,900 474,100 15,244,800 101,200 120,600 604,700 916,700 583,600 6,142,800 138,200 284,900 6,352,100 5,322,000 1,596,700 6,072,200 12,990,900 212,900 168,500 611,700 1,597,600 610,300 77,400 2,513,300 3,654,300 51,800 287,600 1,000,400 2,205,100 3,576,700 856,500 650,000 5,083,200 2,298,200 131,600 811,500 1,841,900 842 JOURNAL OF THE SENATE [June 3, 2015] Fairs and racing—1.0 FTE position............................................................................................. $ Shows and expositions................................................................................................................. County fairs capital improvement grants..................................................................................... Purses and supplements - fairs/licensed tracks............................................................................ Licensed tracks - light horse racing............................................................................................. Light horse racing - breeders’ awards.......................................................................................... Standardbred purses and supplements - licensed tracks............................................................... Standardbred breeders’ awards..................................................................................................... Standardbred sire stakes............................................................................................................... Thoroughbred supplements - licensed tracks............................................................................... Thoroughbred breeders’ awards................................................................................................... Thoroughbred sire stakes.............................................................................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Agriculture equine industry development fund............................................................................ State general fund/general purpose.............................................................................................. $ Sec. 111. ONE-TIME BASIS ONLY Rural development value-added grants......................................................................................... $ Tree fruit research grants............................................................................................................. Geagley laboratory....................................................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ PART 2 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2015-2016 [No. 52 For Fiscal Year Ending Sept. 30, 2016 256,600 20,000 300,000 708,300 40,300 20,000 671,800 345,900 275,000 601,900 448,600 298,800 3,987,200 3,667,200 320,000 550,000 500,000 150,000 1,200,000 1,200,000 GENERAL SECTIONS Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2015-2016 is $75,720,700.00 and state spending from state resources to be paid to local units of government for fiscal year 2015-2016 is $4,750,000.00. The itemized statement below identifies appropriations from which spending to local units of government will occur: DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT MAEAP environmental stewardship............................................................................................. $ 3,250,000 Qualified forest program.............................................................................................................. 1,500,000 TOTAL.......................................................................................................................................... $ 4,750,000 Sec. 202. The appropriations authorized under part 1 and this part are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. Sec. 203. As used in part 1 and this part: (a) “Department” means the department of agriculture and rural development. (b) “Director” means the director of the department. (c) “EPA” means the United States Environmental Protection Agency. (d) “Fiscal agencies” means the Michigan house fiscal agency and the Michigan senate fiscal agency. (e) “FTE” means full-time equated. (f) “HHS-FDA” means the United States Department of Health and Human Services - Food and Drug Administration. (g) “IDG” means interdepartmental grant. (h) “LARA” means the Michigan department of licensing and regulatory affairs. (i) “LCC” means the Michigan liquor control commission. (j) “MAEAP” means the Michigan agriculture environmental assurance program. (k) “MDEQ” means the Michigan department of environmental quality. (l) “MDNR” means the Michigan department of natural resources. (m) “MOU” means memorandum of understanding. (n) “Subcommittees” means all members of the subcommittees of the house and senate appropriations committees with jurisdiction over the budget for the department. (o) “TB” means tuberculosis. (p) “USDA” means the United States Department of Agriculture. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 843 Sec. 205. In addition to the metrics required under section 447 of the management and budget act, 1984 PA 431, MCL 18.1447, for each new program or program enhancement for which funds in excess of $500,000.00 are appropriated in part 1, the department shall provide not later than November 1, 2015 a list of program-specific metrics intended to measure its performance based on a return on taxpayer investment. The department shall deliver the program-specific metrics to members of the senate and house subcommittees that have subject matter jurisdiction for this budget, fiscal agencies, and the state budget director. The department shall provide an update on its progress in tracking program-specific metrics and the status of program success at an appropriations subcommittee meeting called for by the subcommittee chair. Sec. 206. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $6,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 207. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following: (a) Fiscal year-to-date expenditures by category. (b) Fiscal year-to-date expenditures by appropriation unit. (c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description. (d) The number of active department employees by job classification. (e) Job specifications and wage rates. Sec. 208. The departments and agencies receiving appropriations in part 1 shall use the Internet to fulfill the reporting requirements of this part. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an Internet or intranet site. Sec. 209. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if com­ petitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality. Sec. 210. The director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. Each director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both. Sec. 212. The department and agencies receiving appropriations in part 1 shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall be followed. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines. Sec. 215. The department shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff. Sec. 218. The departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information: (a) The dates of each travel occurrence. (b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues. Sec. 228. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies. 844 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 Sec. 229. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the senate and house appropriations chairs, the senate and house appropriations subcommittees on agriculture and rural development, respectively, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2015 and September 30, 2016. Sec. 230. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes. Sec. 231. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the agency’s performance. Sec. 232. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2016 is $12,751,500.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $7,237,000.00. Total agency appropriations for retiree health care legacy costs are estimated at $5,513,800.00. DEPARTMENTWIDE Sec. 301. (1) Pursuant to the appropriations in part 1, the department may receive and expend revenue and use that revenue to cover necessary expenses related to publications, audit and licensing functions, livestock sales, certification of nursery stock, and laboratory analyses as specified in the following: (a) Management services publications. (b) Management services audit and licensing functions. (c) Pesticide and plant pest management propagation and certification of virus-free foundation stock. (d) Pesticide and plant pest management grading services. (e) Laboratory support testing for testing horses in draft horse pulling contests at county fairs when local jurisdictions request state assistance. (f) Laboratory support analyses to determine foreign substances in horses engaged in racing or pulling contests at tracks. (g) Laboratory support analyses of food, livestock, and agricultural products for disease, foreign products for disease, toxic materials, foreign substances, and quality standards. (h) Laboratory support test samples for other agencies and organizations. (i) Fruit and vegetable inspection at shipping and termination points and processing plants. (2) The department shall notify the subcommittees and the fiscal agencies 30 days prior to proposing changes in fees authorized under this section or under section 5 of 1915 PA 91, MCL 285.35. (3) Annually, before February 1, the department shall provide a report to the subcommittees and the fiscal agencies detailing all the fees charged by the department under the authorization provided in this section, including, but not limited to, rates, number of individuals paying each fee, and the revenue generated by each fee in the previous fiscal year. Sec. 302. Of the funds appropriated in part 1 that are other than line-item grants, the department shall not provide grants to local government agencies, institutions of higher education, or nonprofit organizations unless the department provides notice of the grant to the subcommittees and fiscal agencies at least 10 days before the grant is issued. The grants shall be used to support research or other related activities for the purpose of enhancing the agricultural industries in this state. Sec. 303. It is the intent of the legislature that the department use revenue from licensing and inspection fees to increase the use of technology in licensing and inspection activities to make licensing and inspection functions, including reporting, more efficient. The department shall work to ensure that all license and registration applications can be completed online through a secure web portal. FOOD AND DAIRY Sec. 402. The department shall provide information on significant food-borne outbreaks and emergencies, including any enforcement actions taken related to food safety during the immediately preceding fiscal year in the food and dairy annual report and post that report on the department’s website no later than April 1. The department shall provide electronic notification of where the report can be found on the department’s website to the appropriation subcommittees, fiscal agencies, and state budget office. ANIMAL INDUSTRY Sec. 451. From the funds appropriated in part 1 for bovine tuberculosis, the department shall pay for all whole herd testing costs and individual animal testing costs in the modified accredited zone to maintain split-state status requirements. These costs include indemnity and compensation for injury causing death or downer to animals. Sec. 453. (1) Of the funds appropriated in part 1, the department may provide for indemnity as provided for pursuant to the animal industry act, 1988 PA 466, MCL 287.701 to 287.746, not to exceed $100,000.00 per order from any line item for the current fiscal year. Before the department provides for an indemnification under this section, the department shall report the reason for the indemnification, the amount of the indemnification, and to whom the indemnification is to be paid. The report shall be given to the subcommittees and the fiscal agencies. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 845 (2) The department of agriculture and rural development shall make an indemnification payment for the fair market value of livestock killed by a wolf, coyote, or cougar, if the kill is verified by the department of natural resources. The fair market value of the livestock shall be determined pursuant to the indemnification procedures prescribed in the animal industry act, 1988 PA 466, MCL 287.701 to 287.746. (3) The funds appropriated in part 1 for indemnification - livestock depredation are appropriated for indemnification payments and related department costs under subsection (2). On or before March 1 of the current fiscal year, the department shall report to the subcommittees and the fiscal agencies on costs incurred in the previous 2 fiscal years for indemnification payments to producers made under subsection (2) and related department costs. Sec. 454. The department shall use its resources to collaborate with the USDA to monitor bovine TB, consistent with the May 2014 memorandum of understanding between the department and the USDA. Sec. 456. Of the funds appropriated in part 1, no funds shall be used to enforce the mandatory electronic animal identification program for any domestic animals other than cattle until specific procedures and guidelines for electronic animal identification are outlined in statute. Sec. 457. On or before October 15 of the current fiscal year and on a quarterly basis thereafter, the department shall report to the senate and house agriculture committees, the subcommittees, and the fiscal agencies on the department’s progress toward meeting the USDA requirements as outlined in the March 2007 bovine TB program review. The report shall include, but is not limited to, information and data on: wildlife risk mitigation plan implementation in the modified accredited zone; implementation of a movement certificate process; progress toward annual surveillance test requirements set out in the June 2007 MOU; efforts to work with slaughter facilities in Michigan, as well as those that slaughter a significant number of animals from Michigan; educational programs and information for Michigan’s livestock community; any other item the legislature should be aware of that will promote or hinder efforts to achieve bovine TB-free status for Michigan. Sec. 458. From the funds appropriated in part 1 for animal industry, the department shall provide inspection and testing of aquaculture facilities and aquaculture researchers as provided under section 7 of the Michigan aquaculture development act, 1996 PA 199, MCL 286.877. It is the intent of the legislature that the department shall work with aquaculture facilities and aquaculture researchers to identify, contain, and eradicate viral hemorrhagic septicemia in this state. Sec. 459. It is the intent of the legislature that the department shall not conduct whole herd bovine TB testing on any 1 herd in a TB-free zone more often than every 4 years or re-test until all other herds in their county have been tested, unless involved in an epidemiological investigation, there is an outbreak within a 10-radius-mile area, or is not on a verified wildlife risk mitigated premises. If there is an outbreak within a 10-radius-mile area, protocols outlined by the current memorandum of understanding with the USDA shall be used. ENVIRONMENTAL STEWARDSHIP Sec. 601. The funds appropriated in part 1 for environmental stewardship/MAEAP shall be used to support department agriculture pollution prevention programs, including groundwater and freshwater protection programs under part 87 of the Michigan natural resources and environmental protection act, 1994 PA 451, MCL 324.8701 to 324.8717, and technical assistance in implementing conservation grants available under the federal farm bill of 2014. Sec. 604. (1) Federal revenues authorized by and available from the federal government in excess of the appropriation in part 1 under section 107 are appropriated and may be received and expended by the department for purposes authorized under state law and subject to federal requirements. (2) The department shall notify the subcommittees and fiscal agencies prior to expending federal revenues received and appropriated under subsection (1). Sec. 608. (1) The appropriations in part 1 for qualified forest affidavit program are for the purpose of increasing the knowledge of nonindustrial private forestland owners of sound forest management practices and increasing the amount of commercial timber production from those lands. (2) The department shall work in partnership with stakeholder groups and other state and federal agencies to increase the active management of nonindustrial private forestland to foster the growth of Michigan’s timber product industry. Sec. 609. (1) From the appropriation in part 1 for commercial forestry audit program, the department shall develop an analysis and audit of forestry best management practices for water quality and the related forest ecosystem, including native plant and animal species and wildlife habitat. The analysis and audit shall have a statewide perspective. The best management practices audit shall be performed by an audit team composed of qualified professionals, including, but not limited to, the department, the department of environmental quality, university faculty, and conservation groups. (2) At the close of the fiscal year, the unexpended portion of the commercial forestry audit program is considered a work project appropriation in accordance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a. (3) At the completion of the analysis and audit, the department shall provide a report to the house and senate appropriations subcommittees on agriculture and rural development, and the house and senate fiscal agencies, describing the results of the analysis and audit. Sec. 610. Of the amount appropriated in part 1 from the freshwater protection fund, the department shall use not more than $500,000.00 for replacement of the data system for the MAEAP program. 846 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 AGRICULTURE DEVELOPMENT Sec. 701. (1) The department shall establish and administer a rural development value-added grant program. The program shall promote the expansion of value-added agricultural production, processing, and access within the state. (2) In addition to the funds appropriated in part 1, the department of agriculture and rural development may receive and expend funds received from outside sources for rural development value-added grants. (3) The department shall award grants on a competitive basis from the funds appropriated in part 1 for rural development value-added grants. Grantees will be required to provide a cash match and identify measurable project outcomes. Eligible grantees may include, but are not limited to, individuals, partnerships, cooperatives, private or public corporations, and local units of government. Grantees will be required to identify measurable project outcomes. (4) A joint evaluation committee shall be selected by the director with representatives with agriculture, business, and economic development expertise. The joint evaluation committee shall identify criteria, evaluate applications, and provide recommendations to the director for final approval of grant awards. (5) The department may expend money from the funds appropriated in part 1 for the rural development value-added grants for administering the program. (6) The unexpended portion of the rural development value-added grant program is considered a work project appropriation in accordance with the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. (7) The department shall provide an interim report no later than March 15 of the current fiscal year and a year-end report no later than September 30 of the current fiscal year to the subcommittees and the fiscal agencies, including the grantees, award amount, match funding, and project outcomes. Sec. 706. On or before April 1, the department shall report to the house and senate appropriations subcommittees on agriculture and rural development, and the house and senate fiscal agencies, on the department’s agriculture development and export market development activities. The report shall include the following information on agriculture industry, rural development, and strategic growth grants awarded during the prior fiscal year: (a) The name of the grantee. (b) The amount of the grant. (c) The purpose of the grant, including measurable outcomes. (d) Additional state, federal, private, or local funds contributed to the grant project. (e) The completion date of grant-funded activities. Sec. 709. (1) Not later than April 1 of the current fiscal year, the department shall provide a report to the subcommittees and the fiscal agencies describing the activities of the grape and wine industry council established under section 303 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1303. (2) The report shall include all of the following: (a) Council activities and accomplishments for the previous fiscal year. (b) Council expenditures for the previous fiscal year by category of administration, industry support, research and education grants, and promotion and consumer education. (c) Grants awarded during the previous fiscal year and the results of research grant projects completed during the previous fiscal year. FAIRS AND EXPOSITIONS Sec. 801. All appropriations from the agriculture equine industry development fund shall be spent on equine-related purposes. No funds from the agriculture equine industry development fund shall be expended for nonequine-related purposes without prior approval of the legislature. Sec. 802. All appropriations from the agriculture equine industry development fund, except for the Michigan gaming control board’s regulatory expenses and the department’s expenses to administer horse racing programs and laboratory analysis, shall be reduced proportionately if revenues to the agriculture equine industry development fund decline during the preceding fiscal year to a level lower than the amounts appropriated in part 1. Sec. 804. It is the intent of the legislature that the Michigan gaming control board shall use actual expenditure data in determining the actual regulatory costs of conducting racing dates and shall provide that data to the senate and house of representatives appropriations subcommittees on agriculture and rural development and general government and the fiscal agencies by November 1 of the current fiscal year. The Michigan gaming control board shall not be reimbursed for more than the actual regulatory cost of conducting race dates. If a certified horsemen’s organization funds more than the actual regulatory cost, the balance shall remain in the agriculture equine industry development fund to be used to fund subsequent race dates conducted by race meeting licensees with which the certified horsemen’s organization has contracts. If a certified horsemen’s organization funds less than the actual regulatory costs of the additional horse racing dates, the Michigan gaming control board shall reduce the number of future race dates conducted by race meeting licensees with which the certified horsemen’s organization has contracts. Prior to the reduction in the number of authorized race dates due to budget deficits, the executive director of the Michigan gaming control board shall provide notice to the certified horsemen’s organizations with an opportunity to respond with alternatives. In determining actual costs, the Michigan gaming control board shall take into account that each specific breed may require different regulatory mechanisms. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 847 Sec. 805. (1) The department shall establish and administer a county fairs capital improvement grant program. The program shall assist in the promotion of building improvements or other capital improvements at county fairgrounds of the state. (2) The department shall award grants on a competitive basis to county fair organizations from the funds appropriated in part 1 for county fairs capital improvements grants. Grantees will be required to provide a dollar-for-dollar cash match with grant awards and identify measurable project outcomes. (3) The department shall identify criteria, evaluate applications, and provide recommendations to the director for final approval of grant awards. (4) The department may expend money from the funds appropriated in part 1 for the county fairs capital improvement grants for administering the program. (5) The unexpended portion of the county fairs capital improvement grant program is considered a work project appropriation in accordance with the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. (6) The department shall provide a year-end report no later than December 1, 2016 to the subcommittees and the fiscal agencies, including the grantees, award amount, match funding, and project outcomes. Sec. 806. (1) The amount appropriated in part 1 for shows and expositions shall be expended for the purpose of financial support, promotion, prizes, and premiums of equine, livestock, and other agricultural commodity expositions in Michigan. (2) The department shall award grants for the purposes stipulated in subsection (1) on a competitive basis to persons organizing shows and expositions from the funds appropriated in part 1 for shows and expositions. Grantees will be required to provide a dollar-for-dollar cash match with grant awards and identify measurable project outcomes. (3) The department shall identify criteria, evaluate applications, and provide recommendations to the director for final approval of grant awards. (4) The unexpended portion of the appropriation for shows and expositions is considered a work project appropriation in accordance with the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. (5) The department shall provide a year-end report no later than December 1, 2016 to the subcommittees and the fiscal agencies, including the grantees, award amount, match funding, and project outcomes. PART 2A PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS FOR FISCAL YEAR 2016-2017 GENERAL SECTIONS Sec. 1201. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2017 for the line items listed in part 1. The fiscal year 2016-2017 appropriations are anticipated to be the same as those for fiscal year 2015-2016, except that the line items will be adjusted for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2016 consensus revenue estimating conference. ARTICLE V DEPARTMENT OF CORRECTIONS PART 1 LINE-ITEM APPROPRIATIONS Sec. 101. There is appropriated for the department of corrections for the fiscal year ending September 30, 2016, from the following funds: DEPARTMENT OF CORRECTIONS APPROPRIATION SUMMARY Average population........................................................................................................ 44,997 Full-time equated unclassified positions........................................................................... 16.0 Full-time equated classified positions........................................................................ 14,174.3 GROSS APPROPRIATION.......................................................................................................... $ 1,962,226,000 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 225,000 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 1,962,001,000 Federal revenues: Total federal revenues................................................................................................................... 5,568,700 Special revenue funds: Total local revenues...................................................................................................................... 8,533,200 Total private revenues................................................................................................................... 0 Total other state restricted revenues............................................................................................. 43,950,700 State general fund/general purpose.............................................................................................. $ 1,903,948,400 Sec. 102. EXECUTIVE Full-time equated unclassified positions........................................................................... 16.0 Full-time equated classified positions............................................................................... 20.0 848 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 For Fiscal Year Ending Sept. 30, 2016 Unclassified positions—16.0 FTE positions................................................................................ $ 1,750,000 Executive direction—20.0 FTE positions..................................................................................... 4,127,100 GROSS APPROPRIATION.......................................................................................................... $ 5,877,100 Appropriated from: State general fund/general purpose.............................................................................................. $ 5,877,100 Sec. 103. PRISONER REENTRY AND COMMUNITY SUPPORT Full-time equated classified positions............................................................................. 339.4 Prisoner reentry local service providers....................................................................................... $ 13,208,600 Prisoner reentry MDOC programs............................................................................................... 11,124,000 Prisoner reentry federal grants..................................................................................................... 250,000 Public safety initiative.................................................................................................................. 4,500,000 Reentry services—67.0 FTE positions......................................................................................... 14,391,700 Education program—272.4 FTE positions................................................................................... 35,852,400 Community corrections comprehensive plans and services......................................................... 12,158,000 Felony drunk driver jail reduction and community treatment program....................................... 1,440,100 Residential services...................................................................................................................... 15,475,500 Goodwill Flip the Script............................................................................................................... 2,000,000 GROSS APPROPRIATION.......................................................................................................... $ 110,400,300 Appropriated from: Federal revenues: DOJ, prisoner reintegration.......................................................................................................... 250,000 DED-vocational education equipment.......................................................................................... 152,200 DED-OESE, title I........................................................................................................................ 899,400 DED-OVAE, adult education........................................................................................................ 353,400 DED-OSERS................................................................................................................................ 115,200 DED, youthful offender/Specter grant.......................................................................................... 201,900 Special revenue funds: Program and special equipment fund........................................................................................... 8,982,900 State general fund/general purpose.............................................................................................. $ 99,445,300 Sec. 104. BUDGET AND OPERATIONS ADMINISTRATION Full-time equated classified positions............................................................................. 172.0 Budget and operations administration—172.0 FTE positions...................................................... $ 21,946,100 New custody staff training........................................................................................................... 9,079,500 Compensatory buyout and union leave bank................................................................................ 100 Worker’s compensation................................................................................................................. 14,149,000 Rent.............................................................................................................................................. 2,349,100 Equipment and special maintenance............................................................................................ 4,359,600 Administrative hearings officers................................................................................................... 3,326,400 Judicial data warehouse user fees................................................................................................ 50,000 Sheriffs’ coordinating and training office.................................................................................... 100,000 Prosecutorial and detainer expenses............................................................................................. 5,001,000 County jail reimbursement program............................................................................................. 13,597,100 GROSS APPROPRIATION.......................................................................................................... $ 73,957,900 Appropriated from: Special revenue funds: Jail reimbursement program fund................................................................................................. 5,900,000 Program and special equipment fund........................................................................................... 2,800,000 Local corrections officer training fund......................................................................................... 100,000 Correctional industries revolving fund......................................................................................... 600,500 State general fund/general purpose.............................................................................................. $ 64,557,400 Sec. 105. FIELD OPERATIONS ADMINISTRATION Full-time equated classified positions.......................................................................... 1,920.9 Field operations—1,887.9 FTE positions..................................................................................... $ 209,458,800 Parole board operations—33.0 FTE positions.............................................................................. 3,734,900 Parole/probation services.............................................................................................................. 940,000 Parole sanction certainty pilot program....................................................................................... 500,000 GROSS APPROPRIATION.......................................................................................................... $ 214,633,700 No. 52] [June 3, 2015] JOURNAL OF THE SENATE Appropriated from: Special revenue funds: Local - community tether program reimbursement...................................................................... $ Reentry center offender reimbursements...................................................................................... Parole and probation oversight fees............................................................................................. Parole and probation oversight fees set-aside.............................................................................. Tether program participant contributions..................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 106. CORRECTIONAL FACILITIES ADMINISTRATION Full-time equated classified positions............................................................................. 469.0 Correctional facilities administration—22.0 FTE positions......................................................... $ Prison food service....................................................................................................................... Transportation—208.0 FTE positions.......................................................................................... Central records—53.0 FTE positions........................................................................................... Inmate legal services.................................................................................................................... Housing inmates in federal institutions........................................................................................ Prison store operations—63.0 FTE positions............................................................................... Prison industries operations—123.0 FTE positions..................................................................... Federal school lunch program...................................................................................................... Leased beds and alternatives to leased beds................................................................................ Public works programs................................................................................................................. Cost-effective housing initiative................................................................................................... Inmate housing fund..................................................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG-MDHHS, Maxey/Woodland Center food service................................................................. Federal revenues: DAG-FNS, national school lunch................................................................................................. DOJ-BOP, federal prisoner reimbursement.................................................................................. DOJ, prison rape elimination act grant........................................................................................ SSA-SSI, incentive payment........................................................................................................ Special revenue funds: Correctional industries revolving fund......................................................................................... Public works user fees.................................................................................................................. Resident stores.............................................................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 107. HEALTH CARE Full-time equated classified positions.......................................................................... 1,484.9 Prisoner health care services........................................................................................................ $ Vaccination program..................................................................................................................... Interdepartmental grant to health and human services, eligibility specialists.............................. Healthy Michigan plan administration—12.0 FTE positions....................................................... Substance abuse testing and treatment services—11.0 FTE positions......................................... Clinical and mental health services and support—1,461.9 FTE positions................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: DOJ, Office of Justice Programs, RSAT...................................................................................... Federal revenues and reimbursements.......................................................................................... Special revenue funds: Prisoner health care copayments.................................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 108. CORRECTIONAL FACILITIES Average population........................................................................................................ 44,997 Full-time equated classified positions.......................................................................... 9,768.1 849 For Fiscal Year Ending Sept. 30, 2016 200,900 23,800 4,331,900 940,000 2,426,700 206,710,400 6,259,000 52,558,900 23,752,200 5,591,800 790,900 611,000 5,649,200 9,977,900 812,800 5,250,000 1,000,000 100 100 112,253,900 225,000 812,800 411,000 659,500 268,000 9,977,900 1,000,000 5,649,200 93,250,500 75,180,400 691,200 100,000 1,076,000 21,791,300 195,566,900 294,405,800 185,400 247,900 252,700 293,719,800 850 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 For Fiscal Year Ending Sept. 30, 2016 Alger Correctional Facility - Munising—260.2 FTE positions.................................................... $ 29,943,600 Baraga Correctional Facility - Baraga—295.8 FTE positions..................................................... 34,636,600 Bellamy Creek Correctional Facility - Ionia—389.2 FTE positions............................................ 42,754,300 Earnest C. Brooks Correctional Facility - Muskegon—442.9 FTE positions.............................. 49,684,800 Carson City Correctional Facility - Carson City—424.4 FTE positions..................................... 47,371,800 Central Michigan Correctional Facility - St. Louis—391.6 FTE positions................................. 45,566,600 Chippewa Correctional Facility - Kincheloe—435.1 FTE positions............................................ 49,228,800 Cooper Street Correctional Facility - Jackson—260.1 FTE positions......................................... 28,733,600 G. Robert Cotton Correctional Facility - Jackson—390.1 FTE positions.................................... 43,194,100 Detroit Detention Center—63.1 FTE positions............................................................................ 8,332,300 Detroit Reentry Center—215.6 FTE positions............................................................................. 26,772,500 Charles E. Egeler Correctional Facility - Jackson—373.7 FTE positions................................... 43,926,700 Richard A. Handlon Correctional Facility - Ionia—251.7 FTE positions................................... 29,037,900 Gus Harrison Correctional Facility - Adrian—441.6 FTE positions............................................ 48,151,300 Ionia Correctional Facility - Ionia—285.8 FTE positions........................................................... 32,910,300 Kinross Correctional Facility - Kincheloe—323.8 FTE positions............................................... 35,662,100 Lakeland Correctional Facility - Coldwater—280.5 FTE positions............................................. 32,637,200 Macomb Correctional Facility - New Haven—294.8 FTE positions........................................... 33,853,600 Marquette Branch Prison - Marquette—321.7 FTE positions...................................................... 38,368,400 Michigan Reformatory - Ionia—310.7 FTE positions................................................................. 34,564,800 Muskegon Correctional Facility - Muskegon—205.0 FTE positions........................................... 24,325,000 Newberry Correctional Facility - Newberry—200.1 FTE positions............................................. 23,800,300 Oaks Correctional Facility - Eastlake—290.4 FTE positions...................................................... 33,349,500 Ojibway Correctional Facility - Marenisco—203.1 FTE positions.............................................. 22,938,500 Parnall Correctional Facility - Jackson—258.0 FTE positions.................................................... 27,508,600 Pugsley Correctional Facility - Kingsley—209.9 FTE positions................................................. 24,354,900 Saginaw Correctional Facility - Freeland—274.9 FTE positions................................................ 32,184,500 Special alternative incarceration program - Cassidy Lake—119.0 FTE positions....................... 13,431,500 St. Louis Correctional Facility - St. Louis—303.6 FTE positions............................................... 35,827,900 Thumb Correctional Facility - Lapeer—284.4 FTE positions..................................................... 32,340,300 Womens Huron Valley Correctional Complex - Ypsilanti—501.9 FTE positions....................... 58,003,600 Woodland Correctional Facility - Whitmore Lake—285.4 FTE positions................................... 32,617,900 Northern region administration and support—48.0 FTE positions.............................................. 4,425,700 Southern region administration and support—132.0 FTE positions............................................ 24,857,000 GROSS APPROPRIATION.......................................................................................................... $ 1,125,296,500 Appropriated from: Federal revenues: DOJ, state criminal assistance program....................................................................................... 1,012,000 Special revenue funds: Local revenues.............................................................................................................................. 8,332,300 State restricted fees, revenues and reimbursements..................................................................... 99,800 State general fund/general purpose.............................................................................................. $ 1,115,852,400 Sec. 109. INFORMATION TECHNOLOGY Information technology services and projects.............................................................................. $ 25,400,800 GROSS APPROPRIATION.......................................................................................................... $ 25,400,800 Appropriated from: Special revenue funds: Correctional industries revolving fund......................................................................................... 175,800 Parole and probation oversight fees set-aside.............................................................................. 689,500 State general fund/general purpose.............................................................................................. $ 24,535,500 PART 2 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2015-2016 GENERAL SECTIONS Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2015-2016 is $1,947,899,100.00 and state spending from state resources to be paid to local No. 52] [June 3, 2015] JOURNAL OF THE SENATE 851 units of government for fiscal year 2015-2016 is $114,323,600.00. The itemized statement below identifies appropriations from which spending to local units of government will occur: DEPARTMENT OF CORRECTIONS Field operations - assumption of county probation staff.............................................................. $ 60,402,900 Community corrections comprehensive plans and services......................................................... 12,158,000 Reentry services – intensive detention reentry program.............................................................. 1,500,000 Residential services...................................................................................................................... 15,475,500 County jail reimbursement program............................................................................................. 13,597,100 Felony drunk driver jail reduction and community treatment program....................................... 1,440,100 Leased beds and alternatives to leased beds................................................................................ 5,250,000 Public safety initiative.................................................................................................................. 4,500,000 TOTAL.......................................................................................................................................... $ 114,323,600 Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. Sec. 203. As used in this part and part 1: (a) “Administrative segregation” means confinement for maintenance of order or discipline to a cell or room apart from accommodations provided for inmates who are participating in programs of the facility. (b) “Cost per prisoner” means the sum total of the funds appropriated under part 1 for the following, divided by the projected prisoner population in fiscal year 2015-2016: (i) Correctional facilities. (ii) Northern and southern region administration and support. (iii) Clinical and mental health services and support. (iv) Prisoner health care services. (v) Vaccination program. (vi) Prison food service and federal school lunch program. (vii) Transportation. (viii) Inmate legal services. (ix) Correctional facilities administration. (x) Central records. (xi) Worker’s compensation. (xii) New custody staff training. (xiii) Prison store operations. (xiv) Education program. (c) “DAG” means the United States Department of Agriculture. (d) “DAG-FNS” means the DAG Food and Nutrition Service. (e) “DED” means the United States Department of Education. (f) “DED-OESE” means the DED Office of Elementary and Secondary Education. (g) “DED-OSERS” means the DED Office of Special Education and Rehabilitative Services. (h) “DED-OVAE” means the DED Office of Vocational and Adult Education. (i) “Department” or “MDOC” means the Michigan department of corrections. (j) “DOJ” means the United States Department of Justice. (k) “DOJ-BOP” means the DOJ Bureau of Prisons. (l) “DOJ-OJP” means the DOJ Office of Justice Programs. (m) “EPIC program” means the department’s effective process improvement and communication program. (n) “Evidence-based practices” or “EBP” means a decision-making process that integrates the best available research, clinician expertise, and client characteristics. (o) “FTE” means full-time equated. (p) “Goal” means the intended or projected result of a comprehensive corrections plan or community corrections program to reduce repeat offending, criminogenic and high-risk behaviors, prison commitment rates, to reduce the length of stay in a jail, or to improve the utilization of a jail. (q) “IDG” means interdepartmental grant. (r) “Jail” means a facility operated by a local unit of government for the physical detention and correction of persons charged with or convicted of criminal offenses. (s) “MDHHS” means the Michigan department of health and human services. (t) “MDSP” means the Michigan department of state police. (u) “Medicaid benefit” means a benefit paid or payable under a program for medical assistance under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b. (v) “Objective risk and needs assessment” means an evaluation of an offender’s criminal history; the offender’s noncriminal history; and any other factors relevant to the risk the offender would present to the public safety, including, 852 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 but not limited to, having demonstrated a pattern of violent behavior, and a criminal record that indicates a pattern of violent offenses. (w) “OCC” means office of community corrections. (x) “Offender eligibility criteria” means particular criminal violations, state felony sentencing guidelines descriptors, and offender characteristics developed by advisory boards and approved by local units of government that identify the offenders suitable for community corrections programs funded through the office of community corrections. (y) “Offender success” means that an offender has, with the support of the community, intervention of the field agent, and benefit of any participation in programs and treatment, made an adjustment while at liberty in the community such that he or she has not been sentenced to or returned to prison for the conviction of a new crime or the revocation of probation or parole. (z) “Offender target population” means felons or misdemeanants who would likely be sentenced to imprisonment in a state correctional facility or jail, who would not likely increase the risk to the public safety based on an objective risk and needs assessment that indicates that the offender can be safely treated and supervised in the community. (aa) “Offender who would likely be sentenced to imprisonment” means either of the following: (i) A felon or misdemeanant who receives a sentencing disposition that appears to be in place of incarceration in a state correctional facility or jail, according to historical local sentencing patterns. (ii) A currently incarcerated felon or misdemeanant who is granted early release from incarceration to a community corrections program or who is granted early release from incarceration as a result of a community corrections program. (bb) “Programmatic success” means that the department program or initiative has ensured that the offender has accomplished all of the following: (i) Obtained employment, has enrolled or participated in a program of education or job training, or has investigated all bona fide employment opportunities. (ii) Obtained housing. (iii) Obtained a state identification card. (cc) “Recidivism” means the return of an individual to prison within 3 years after he or she is released either with a new sentence to prison or as a technical violator of parole conditions. (dd) “RSAT” means residential substance abuse treatment. (ee) “Serious emotional disturbance” means that term as defined in section 100d(2) of the mental health code, 1974 PA 328, MCL 330.1100d. (ff) “Serious mental illness” means that term as defined in section 100d(3) of the mental health code, 1974 PA 328, MCL 330.1100d. (gg) “SSA” means the United States Social Security Administration. (hh) “SSA-SSI” means SSA supplemental security income. Sec. 206. The department shall not take disciplinary action against an employee or a prisoner for communicating with a member of the legislature or his or her staff. Sec. 208. The department shall use the Internet to fulfill the reporting requirements of this part. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement or it may include placement of reports on an Internet or intranet site. Sec. 209. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if com­ petitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference should be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality. Sec. 211. The department may charge fees and collect revenues in excess of appropriations in part 1 not to exceed the cost of offender services and programming, employee meals, parolee loans, academic/vocational services, custody escorts, compassionate visits, union steward activities, and public works programs and services provided to local units of government or private nonprofit organizations. The revenues and fees collected are appropriated for all expenses associated with these services and activities. Sec. 212. On a quarterly basis, the department shall report on the number of full-time equated positions in pay status by civil service classification to the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, and the senate and house fiscal agencies. This report shall include a detailed accounting of the long-term vacancies that exist within each department. As used in this subsection, “long-term vacancy” means any full-time equated position that has not been filled at any time during the past 24 calendar months. Sec. 214. The department shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall be followed. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines. Sec. 216. The department shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the No. 52] [June 3, 2015] JOURNAL OF THE SENATE 853 immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the senate and house standing committees on appropriations, the senate and house fiscal agencies, and the state budget director. The report shall include the following information: (a) The dates of each travel occurrence. (b) The total transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues. Sec. 219. (1) Any contract for prisoner telephone services entered into after the effective date of this section shall include a condition that fee schedules for prisoner telephone calls, including rates and any surcharges other than those necessary to meet program and special equipment costs, be the same as fee schedules for calls placed from outside of correctional facilities. (2) Revenues appropriated and collected for program and special equipment funds shall be considered state restricted revenue. Funding shall be used for prisoner programming, special equipment, and security projects. Unexpended funds remaining at the close of the fiscal year shall not lapse to the general fund but shall be carried forward and be available for appropriation in subsequent fiscal years. (3) The department shall submit a report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget director by February 1 outlining revenues and expenditures from program and special equipment funds. The report shall include all of the following: (a) A list of all individual projects and purchases financed with program and special equipment funds in the immediately preceding fiscal year, the amounts expended on each project or purchase, and the name of each vendor the products or services were purchased from. (b) A list of planned projects and purchases to be financed with program and special equipment funds during the current fiscal year, the amounts to be expended on each project or purchase, and the name of each vendor for which the products or services were purchased. (c) A review of projects and purchases planned for future fiscal years from program and special equipment funds. Sec. 220. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies. Sec. 221. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for the department: (a) Fiscal year-to-date expenditures by category. (b) Fiscal year-to-date expenditures by appropriation unit. (c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description. (d) The number of active department employees by job classification. (e) Job specifications and wage rates. Sec. 223. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 229. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the chairpersons of the senate and house appropriations committees, the chairpersons of the senate and house appropriations subcommittees on corrections, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2015 and September 30, 2016. Sec. 230. Funds appropriated in part 1 shall not be used by the department to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes. 854 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 Sec. 231. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department’s performance. Sec. 239. It is the intent of the legislature that the department establish and maintain a management-to-staff ratio of not more than 1 supervisor for each 8 employees at the department’s central office in Lansing and at both the northern and southern region administration offices. Sec. 246. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2016 are $332,330,600.00. From this amount, total department appropriations for pension-related legacy costs are estimated at $188,628,700.00. Total department appropriations for retiree health care legacy costs are estimated at $143,701,900.00. Sec. 247. In addition to the metrics required under section 447 of the management and budget act, 1984 PA 431, MCL 18.1447, for each new program or program enhancement for which funds in excess of $500,000.00 are appropriated in part 1, the department shall provide not later than November 1 a list of program-specific metrics intended to measure its performance based on a return on taxpayer investment. The department shall deliver the program-specific metrics to members of the senate and house subcommittees that have subject matter jurisdiction for this budget, the senate and house fiscal agencies, and the state budget director. The department shall provide an update on its progress in tracking program-specific metrics and the status of program success at an appropriations subcommittee meeting called for by the subcommittee chair. EXECUTIVE Sec. 301. For 3 years after a felony offender is released from the department’s jurisdiction, the department shall maintain the offender’s file on the offender tracking information system and make it publicly accessible in the same manner as the file of the current offender. However, the department shall immediately remove the offender’s file from the offender tracking information system upon determination that the offender was wrongfully convicted and the offender’s file is not otherwise required to be maintained on the offender tracking information system. Sec. 304. The director of the department shall maintain a staff savings initiative program to invite employees to submit suggestions for saving costs for the department. The proposed savings initiatives shall be accepted or rejected within 60 business days. By March 1, the department shall report to the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director on any savings proposals, the date implemented, the amount of the expected savings, and any process improvements that can be implemented in other areas of the department. The report shall also include any rejected savings proposal and the reason that the proposal was refused. PRISONER REENTRY AND COMMUNITY SUPPORT Sec. 401. The department shall submit 3-year and 5-year prison population projection updates concurrent with submission of the executive budget to the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director. The report shall include explanations of the methodology and assumptions used in developing the projection updates. Sec. 402. By March 1, the department shall provide a report on prisoner reentry expenditures and allocations to the members of the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director. At a minimum, the report shall include information on both of the following: (a) Details on prior-year expenditures, including amounts spent on each project funded, itemized by service provided and service provider. (b) Allocations and planned expenditures for each project funded and for each project to be funded, itemized by service to be provided and service provider. The department shall provide an amended report quarterly, if any revisions to allocations or planned expenditures occurred during that quarter. Sec. 403. By February 1, the department shall report to the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director on the department’s EPIC program. The report shall include the following: the exact scope and purpose of the EPIC program, the areas of the department that have received any EPIC resources, the line items in part 1 that are expected to recognize savings due to the EPIC program, the identified areas of the department where the EPIC program has changed the department’s policy, and the number of the full-time equivalent positions in the department that are assigned to the EPIC program during the prior fiscal year. Sec. 405. By March 1, the department shall report to the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director on substance abuse testing and treatment program objectives, outcome measures, and results, including program impact on offender success and programmatic success. Sec. 407. By June 30, the department shall place the statistical report from the immediately preceding calendar year on an Internet site. The statistical report shall include, but not be limited to, the information as provided in the 2004 statistical report. Sec. 408. The department shall measure the recidivism rates of offenders. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 855 Sec. 409. (1) The department shall engage with the talent investment agency within the department of talent and economic development and local entities to design services and shall use appropriations provided in part 1 for reentry and vocational education programs. The department shall ensure that the collaboration provides relevant professional development opportunities to prisoners to ensure that the programs are high quality, demand driven, locally receptive, and responsive to the needs of communities where the prisoners are expected to reside after their release from correctional facilities. The programs shall begin upon the intake of the prisoner into a department facility. (2) It is the intent of the legislature that the workforce development programming continue through the entire duration of the prisoner’s incarceration to encourage employment upon release. (3) By March 1, the department shall provide a report to the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, and the senate and house fiscal agencies detailing the results of the workforce development program. Sec. 410. (1) The funds included in part 1 for community corrections comprehensive plans and services are to encourage the development through technical assistance grants, implementation, and operation of community corrections programs that enhance offender success and that also may serve as an alternative to incarceration in a state facility or jail. The comprehensive corrections plans shall include an explanation of how the public safety will be maintained, the goals for the local jurisdiction, offender target populations intended to be affected, offender eligibility criteria for purposes outlined in the plan, and how the plans will meet the following objectives, consistent with section 8(4) of the community corrections act, 1988 PA 511, MCL 791.408: (a) Reduce admissions to prison of offenders who would likely be sentenced to imprisonment, including probation violators. (b) Improve the appropriate utilization of jail facilities, the first priority of which is to open jail beds intended to house otherwise prison-bound felons, and the second priority being to appropriately utilize jail beds so that jail crowding does not occur. (c) Open jail beds through the increase of pretrial release options. (d) Reduce the readmission to prison of parole violators. (e) Reduce the admission or readmission to prison of offenders, including probation violators and parole violators, for substance abuse violations. (f) Contribute to offender success. (2) The award of community corrections comprehensive plans and residential services funds shall be based on criteria that include, but are not limited to, the prison commitment rate by category of offenders, trends in prison commitment rates and jail utilization, historical trends in community corrections program capacity and program utilization, and the projected impact and outcome of annual policies and procedures of programs on offender success, prison commitment rates, and jail utilization. (3) Funds awarded for residential services in part 1 shall provide for a per diem reimbursement of not more than $47.50 for nonaccredited facilities, or of not more than $48.50 for facilities that have been accredited by the American Corrections Association or a similar organization as approved by the department. Sec. 411. The comprehensive corrections plans shall also include, where appropriate, descriptive information on the full range of sanctions and services that are available and utilized within the local jurisdiction and an explanation of how jail beds, residential services, the special alternative incarceration program, probation detention centers, the electronic monitoring program for probationers, and treatment and rehabilitative services will be utilized to support the objectives and priorities of the comprehensive corrections plans and the purposes and priorities of section 8(4) of the community corrections act, 1988 PA 511, MCL 791.408, that contribute to the success of offenders. The plans shall also include, where appropriate, provisions that detail how the local communities plan to respond to sentencing guidelines found in chapter XVII of the code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69, and use the county jail reimbursement program under section 414. The state community corrections board shall encourage local community corrections advisory boards to include in their comprehensive corrections plans strategies to collaborate with local alcohol and drug treatment agencies of the MDHHS for the provision of alcohol and drug screening, assessment, case management planning, and delivery of treatment to alcohol- and drug-involved offenders. Sec. 412. (1) As part of the March biannual report specified in section 12(2) of the community corrections act, 1988 PA 511, MCL 791.412, that requires an analysis of the impact of that act on prison admissions and jail utilization, the department shall submit to the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director the following information for each county and counties consolidated for comprehensive corrections plans: (a) Approved technical assistance grants and comprehensive corrections plans including each program and level of funding, the utilization level of each program, and profile information of enrolled offenders. (b) If federal funds are made available, the number of participants funded, the number served, the number successfully completing the program, and a summary of the program activity. (c) Status of the community corrections information system and the jail population information system. (d) Data on residential services, including participant data, participant sentencing guideline scores, program expendi­tures, average length of stay, and bed utilization data. 856 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (e) Offender disposition data by sentencing guideline range, by disposition type, by prior record variable score, by number and percent statewide and by county, current year, and comparisons to the previous 3 years. (f) Data on the use of funding made available under the felony drunk driver jail reduction and community treatment program. (2) The report required under subsection (1) shall include the total funding allocated, program expenditures, required program data, and year-to-date totals. Sec. 413. (1) The department shall identify and coordinate information regarding the availability of and the demand for community corrections programs, jail-based community corrections programs, jail-based probation violation sanctions, and all state-required jail data. (2) The department is responsible for the collection, analysis, and reporting of all state-required jail data. (3) As a prerequisite to participation in the programs and services offered through the department, counties shall provide necessary jail data to the department. Sec. 414. (1) The department shall administer a county jail reimbursement program from the funds appropriated in part 1 for the purpose of reimbursing counties for housing in jails certain felons who otherwise would have been sentenced to prison. (2) The county jail reimbursement program shall reimburse counties for convicted felons in the custody of the sheriff if the conviction was for a crime committed on or after January 1, 1999 and 1 of the following applies: (a) The felon’s sentencing guidelines recommended range upper limit is more than 18 months, the felon’s sentencing guidelines recommended range lower limit is 12 months or less, the felon’s prior record variable score is 35 or more points, and the felon’s sentence is not for commission of a crime in crime class G or crime class H or a nonperson crime in crime class F under chapter XVII of the code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69. (b) The felon’s minimum sentencing guidelines range minimum is more than 12 months under the sentencing guidelines described in subdivision (a). (c) The felon was sentenced to jail for a felony committed while he or she was on parole and under the jurisdiction of the parole board and for which the sentencing guidelines recommended range for the minimum sentence has an upper limit of more than 18 months. (3) State reimbursement under this subsection shall be $60.00 per diem per diverted offender for offenders with a presumptive prison guideline score, $50.00 per diem per diverted offender for offenders with a straddle cell guideline for a group 1 crime, and $35.00 per diem per diverted offender for offenders with a straddle cell guideline for a group 2 crime. Reimbursements shall be paid for sentences up to a 1-year total. (4) As used in this subsection: (a) “Group 1 crime” means a crime in 1 or more of the following offense categories: arson, assault, assaultive other, burglary, criminal sexual conduct, homicide or resulting in death, other sex offenses, robbery, and weapon possession as determined by the department of corrections based on specific crimes for which counties received reimbursement under the county jail reimbursement program in fiscal year 2007 and fiscal year 2008, and listed in the county jail reimbursement program document titled “FY 2007 and FY 2008 Group One Crimes Reimbursed”, dated March 31, 2009. (b) “Group 2 crime” means a crime that is not a group 1 crime, including larceny, fraud, forgery, embezzlement, motor vehicle, malicious destruction of property, controlled substance offense, felony drunk driving, and other nonassaultive offenses. (c) “In the custody of the sheriff” means that the convicted felon has been sentenced to the county jail and is either housed in the county jail or has been released from jail and is being monitored through the use of the sheriff’s electronic monitoring system. (5) County jail reimbursement program expenditures shall not exceed the amount appropriated in part 1 for the county jail reimbursement program. Payments to counties under the county jail reimbursement program shall be made in the order in which properly documented requests for reimbursements are received. A request shall be considered to be properly documented if it meets MDOC requirements for documentation. By October 15, the department shall distribute the documentation requirements to all counties. (6) Any county that receives funding under this section for the purpose of housing in jails certain felons who otherwise would have been sentenced to prison shall, as a condition of receiving the funding, report by September 30 an annual average jail capacity and annual average jail occupancy for the immediately preceding fiscal year. Sec. 416. Allowable uses of felony drunk driver jail reduction and community treatment program funding shall include reimbursing counties for transportation, treatment costs, and housing felony drunk drivers during a period of assessment for treatment and case planning. Reimbursements for housing during the assessment process shall be at the rate of $43.50 per day per offender, up to a maximum of 5 days per offender. Sec. 417. (1) By March 1, the department shall report to the members of the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director on each of the following programs from the previous fiscal year: (a) The county jail reimbursement program. (b) The felony drunk driver jail reduction and community treatment program. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 857 (c) Any new initiatives to control prison population growth funded or proposed to be funded under part 1. (2) For each program listed under subsection (1), the report shall include information on each of the following: (a) Program objectives and outcome measures, including, but not limited to, the number of offenders who successfully completed the program, and the number of offenders who successfully remained in the community during the 3 years following termination from the program. (b) Expenditures by location. (c) The impact on jail utilization. (d) The impact on prison admissions. (e) Other information relevant to an evaluation of the program. Sec. 418. (1) The department shall collaborate with the state court administrative office on facilitating changes to Michigan court rules that would require the court to collect at the time of sentencing the state operator’s license, state identification card, or other documentation used to establish the identity of the individual to be admitted to the depart­ ment. The department shall maintain those documents in the prisoner’s personal file. (2) The department shall cooperate with MDHHS to create and maintain a process by which prisoners can obtain their Michigan birth certificates if necessary. The department shall describe a process for obtaining birth certificates from other states, and in situations where the prisoner’s effort fails, the department shall assist in obtaining the birth certificate. (3) The department shall collaborate with the department of military and veterans affairs to create and maintain a process by which prisoners can obtain a copy of their DD Form 214 or other military discharge documentation if necessary. Sec. 419. (1) The department shall provide weekly electronic mail reports to the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director on prisoner populations by security levels by facility, prison facility capacities, and parolee and proba­ tioner populations. (2) The department shall provide monthly electronic mail reports to the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director. The reports shall include information on end-of-month prisoner populations in county jails, the net operating capacity according to the most recent certification report, identified by date, and end-of-month data, year-to-date data, and comparisons to the prior year for the following: (a) Community residential program populations, separated by centers and electronic monitoring. (b) Parole populations. (c) Probation populations, with identification of the number in special alternative incarceration. (d) Prison and camp populations, with separate identification of the number in special alternative incarceration and the number of lifers. (e) Prisoners classified as past their earliest release date. (f) Parole board activity, including the numbers and percentages of parole grants and parole denials. (g) Prisoner exits, identifying transfers to community placement, paroles from prisons and camps, paroles from community placement, total movements to parole, prison intake, prisoner deaths, prisoners discharging on the maximum sentence, and other prisoner exits. (h) Prison intake and returns, including probation violators, new court commitments, violators with new sentences, escaper new sentences, total prison intake, returns from court with additional sentences, community placement returns, technical parole violator returns, and total returns to prison and camp. Sec. 421. (1) Funds appropriated in part 1 for the parole sanction certainty pilot program shall be distributed to an American Correctional Association accredited rehabilitation organization operating in any of the following counties: Berrien, Calhoun, Kalamazoo, Macomb, Muskegon, Oakland, and Wayne for operations and administration of the pilot program. The pilot program may be utilized as a condition of parole for technical parole violators to ensure public safety and justice through a program based on evidence-based tactics and programs. (2) The program or programs selected shall report by March 30 to the department, the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget director. The report shall include program performance measurements, the number of individuals who participate in the pilot program, the number of individuals who return to prison after participating, and outcomes of participants who complete the program. Sec. 434. The department shall explore opportunities to collaborate with Michigan colleges and universities on establishing programs that will employ parolees in agricultural settings. Sec. 437. (1) Funds appropriated in part 1 for Goodwill Flip the Script shall be distributed to a Michiganchartered 501(c)(3) nonprofit corporation operating in a county with greater than 1,500,000 people for administration and expansion of a program which serves a population of persons aged 16 to 29. The program shall target those who are entering the criminal justice system for the first or second time and shall assist those individuals through the following program types: (a) Alternative sentencing programs in partnership with a local district or circuit court. 858 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (b) Educational recovery for special adult populations with high rates of illiteracy. (c) Career development and continuing education for women. (2) The program selected shall report by March 30 to the department, the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget director. The report shall include program performance measurements, the number of individuals diverted from incarceration, the number of individuals served, and outcomes of participants who complete the program. BUDGET AND OPERATIONS ADMINISTRATION Sec. 501. From the funds appropriated in part 1 for prosecutorial and detainer expenses, the department shall reimburse counties for housing and custody of parole violators and offenders being returned by the department from community placement who are available for return to institutional status and for prisoners who volunteer for placement in a county jail. Sec. 502. Funds included in part 1 for the sheriffs’ coordinating and training office are appropriated for and may be expended to defray costs of continuing education, certification, recertification, decertification, and training of local cor­rec­ tions officers, the personnel and administrative costs of the sheriffs’ coordinating and training office, the local correc­tions officers advisory board, and the sheriffs’ coordinating and training council under the local corrections officers training act, 2003 PA 125, MCL 791.531 to 791.546. Sec. 505. The department shall provide for the training of all custody staff in effective and safe ways of handling prisoners with mental illness and referring prisoners to mental health treatment programs. Mental health awareness training shall be incorporated into the training of new custody staff. Sec. 508. The department shall issue a report for all correctional facilities to the senate and house appropriations sub­ committees on corrections, the senate and house fiscal agencies, and the legislative corrections ombudsman by October 1 setting forth the following information for each facility: its name, street address, and date of construction; its current maintenance costs; any maintenance planned; its current utility costs; its expected future capital improvement costs; and its expected future useful life. Sec. 509. (1) The department shall conduct a study on the Michigan state industries program. The study shall focus on determining which industries within the 10 identified prosperity regions in this state have the maximum benefit to the prisoner population in providing marketable skills and leading to employable outcomes after release of the prisoner from a department facility. The report shall also include data on the current labor force trends in the prosperity regions of this state and how the operations of Michigan state industries can work in coordination with local communities to determine the industries that would produce the greatest number of employable prisoners upon release. (2) By December 1, the department shall provide a report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the legislative corrections ombudsman detailing the results and recommendations from the study on Michigan state industries described in subsection (1). Sec. 511. (1) By February 1, the department shall provide a report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget director which details the strategic plan of the department. The report shall contain strategies to decrease the overall recidivism rate, measurable plans to increase the rehabilitative function of correctional facilities, metrics to track and ensure prisoner readiness to re-enter society, and constructive actions for providing prisoners with life skills development. (2) The intent of this report is to express that the mission of the department is to provide an action plan before reentry to society that ensures prisoners’ readiness for meeting parole requirements and ensures a reduction in the total number of released inmates who reenter the criminal justice system. FIELD OPERATIONS ADMINISTRATION Sec. 601. (1) From the funds appropriated in part 1, the department shall conduct a statewide caseload audit of field agents. The audit shall address public protection issues and assess the ability of the field agents to complete their professional duties. The complete audit shall be submitted to the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget office by March 1. (2) It is the intent of the legislature that the department maintain a number of field agents sufficient to meet supervision and workload standards. Sec. 603. (1) All prisoners, probationers, and parolees involved with the curfew monitoring program shall reimburse the department for costs associated with their participation in the program. The department may require community service work reimbursement as a means of payment for those able-bodied individuals unable to pay for the costs of the equipment. (2) Program participant contributions and local program reimbursement for the curfew monitoring program appropriated in part 1 are related to program expenditures and may be used to offset expenditures for this purpose. (3) Included in the appropriation in part 1 is adequate funding to implement the curfew monitoring program to be admin­istered by the department. The curfew monitoring program is intended to provide sentencing judges and county sheriffs in coordination with local community corrections advisory boards access to the state’s curfew monitoring program to reduce prison admissions and improve local jail utilization. The department shall determine the appropriate No. 52] [June 3, 2015] JOURNAL OF THE SENATE 859 distribution of the curfew monitor units throughout the state based upon locally developed comprehensive corrections plans under the community corrections act, 1988 PA 511, MCL 791.401 to 791.414. (4) For a fee determined by the department, the department shall provide counties with the curfew monitor equipment, replacement parts, administrative oversight of the equipment’s operation, notification of violators, and periodic reports regarding county program participants. Counties are responsible for curfew monitor equipment installation and service. For an additional fee as determined by the department, the department shall provide staff to install and service the equipment. Counties are responsible for the coordination and apprehension of program violators. (5) Any county with curfew monitor charges outstanding over 60 days shall be considered in violation of the community curfew monitor program agreement and lose access to the program. Sec. 611. The department shall prepare by March 1 individual reports for the community reentry program, the electronic monitoring program, and the special alternative to incarceration program. The reports shall be submitted to the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director. Each program’s report shall include information on all of the following: (a) Monthly new participants by type of offender. Community reentry program participants shall be categorized by reason for placement. For technical rule violators, the report shall sort offenders by length of time since release from prison, by the most recent violation, and by the number of violations occurring since release from prison. (b) Monthly participant unsuccessful terminations, including cause. (c) Number of successful terminations. (d) End month population by facility/program. (e) Average length of placement. (f) Return to prison statistics. (g) Description of each program location or locations, capacity, and staffing. (h) Sentencing guideline scores and actual sentence statistics for participants, if applicable. (i) Comparison with prior year statistics. (j) Analysis of the impact on prison admissions and jail utilization and the cost effectiveness of the program. Sec. 612. (1) The department shall review and revise as necessary policy proposals that provide alternatives to prison for offenders being sentenced to prison as a result of technical probation violations and technical parole violations. To the extent the department has insufficient policies or resources to affect the continued increase in prison commitments among these offender populations, the department shall explore other policy options to allow for program alternatives, including department or OCC-funded programs, local level programs, and programs available through private agencies that may be used as prison alternatives for these offenders. (2) By April 1, the department shall provide a report to the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director on the number of all parolees returned to prison and probationers sentenced to prison for either a technical violation or new sentence during the preceding fiscal year. The report shall include the following information for probationers, for parolees after their first parole, and for parolees who have been paroled more than once: (a) The numbers of parole and probation violators returned to or sent to prison for a new crime with a comparison of original versus new offenses by major offense type: assaultive, nonassaultive, drug, and sex. (b) The numbers of parole and probation violators returned to or sent to prison for a technical violation and the type of violation, including, but not limited to, zero gun tolerance and substance abuse violations. For parole technical rule violators, the report shall list violations by type, by length of time since release from prison, by the most recent violation, and by the number of violations occurring since release from prison. (c) The educational history of those offenders, including how many had a high school equivalency or high school diploma prior to incarceration in prison, how many received a high school equivalency while in prison, and how many received a vocational certificate while in prison. (d) The number of offenders who participated in the reentry program versus the number of those who did not. (e) The unduplicated number of offenders who participated in substance abuse treatment programs, mental health treatment programs, or both, while in prison, itemized by diagnosis. Sec. 615. The department shall submit a report containing a list detailing the number of prisoners who have received life imprisonment sentences with the possibility of parole and who are currently eligible for parole to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget director by January 1. Sec. 616. The parole board shall review its policies related to the review and parole of those offenders serving a parolable life sentence with consideration given to those that do not pose an ongoing risk to society. HEALTH CARE Sec. 802. As a condition of expenditure of the funds appropriated in part 1, the department shall provide the senate and house of representatives appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director with quarterly reports on physical and mental health care detailing quarterly and fiscal year-to-date expenditures itemized by vendor, allocations, status of payments from contractors to 860 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 vendors, and projected year-end expenditures from accounts for prisoner health care, mental health care, pharmaceutical services, and durable medical equipment. Sec. 803. (1) The department shall assure that all prisoners, upon any health care treatment, are given the opportunity to sign a release of information form designating a family member or other individual to whom the department shall release records information regarding a prisoner. A release of information form signed by a prisoner shall remain in effect for 1 year, and the prisoner may elect to withdraw or amend the release form at any time. (2) The department shall assure that any such signed release forms follow a prisoner upon transfer to another department facility or to the supervision of a parole officer. (3) The form shall be placed on an online, public website managed by the department. Sec. 804. The department shall report quarterly to the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director on prisoner health care utilization. The report shall include the number of inpatient hospital days, outpatient visits, emergency room visits, and prisoners receiving off-site inpatient medical care in the previous quarter, by facility. Sec. 805. If a prisoner aged 26 years or under is determined not to be eligible for Medicaid, the department shall determine whether the prisoner is eligible for dependent health insurance coverage. Sec. 812. (1) The department shall provide the department of health and human services with a monthly list of prisoners newly committed to the department of corrections. The department and the department of health and human services shall enter into an interagency agreement under which the department of health and human services provides the department of corrections with monthly lists of newly committed prisoners who are eligible for Medicaid benefits in order to maintain the process by which Medicaid benefits are suspended rather than terminated. The department shall assist prisoners who may be eligible for Medicaid benefits after release from prison with the Medicaid enrollment process prior to release from prison. (2) The department shall provide the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director with quarterly updates on the utilization of Medicaid benefits for prisoners. Sec. 814. The department shall assure that psychotropic medications are available, when deemed medically necessary by a licensed medical service provider, to prisoners who have mental illness diagnoses but are not enrolled in corrections mental health services. Sec. 816. By April 1, the department shall provide the members of the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the state budget director, and the legislative corrections ombudsman with a report on pharmaceutical expenditures and prescribing practices. In particular, the report shall provide the following information: (a) A detailed accounting of expenditures on antipsychotic medications. (b) Any changes that have been made to the prescription drug formularies. CORRECTIONAL FACILITIES ADMINISTRATION Sec. 904. The department shall calculate the per prisoner/per day cost for each prisoner security custody level. This calculation shall include all actual direct and indirect costs for the previous fiscal year, including, but not limited to, the value of services provided to the department by other state agencies and the allocation of statewide legacy costs. To calculate the per prisoner/per day costs, the department shall divide these direct and indirect costs by the average daily population for each custody level. For multilevel facilities, the indirect costs that cannot be accurately allocated to each custody level can be included in the calculation on a per-prisoner basis for each facility. Marginal cost per prisoner by age cohort shall be calculated under the assumptions made by the department under prior marginal cost analysis. A report summarizing these calculations and the direct and indirect costs included in them shall be submitted to the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director not later than December 15. Sec. 906. Any local unit of government or private nonprofit organization that contracts with the department for public works services shall be responsible for financing the entire cost of such an agreement. Sec. 907. The department shall report by March 1 to the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director on academic and vocational programs. The report shall provide information relevant to an assessment of the department’s academic and vocational programs, including, but not limited to, all of the following: (a) The number of instructors and the number of instructor vacancies, by program and facility. (b) The number of prisoners enrolled in each program, the number of prisoners completing each program, the number of prisoners who fail each program, the number of prisoners who do not complete each program and the reason for not completing the program, the number of prisoners transferred to another facility while enrolled in a program and the reason for transfer, the number of prisoners enrolled who are repeating the program by reason, and the number of prisoners on waiting lists for each program, all itemized by facility. (c) The steps the department has undertaken to improve programs, track records, accommodate transfers and prisoners with health care needs, and reduce waiting lists. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 861 (d) The number of prisoners paroled without a high school diploma and the number of prisoners paroled without a high school equivalency. (e) An explanation of the value and purpose of each program, for example, to improve employability, reduce recidivism, reduce prisoner idleness, or some combination of these and other factors. (f) An identification of program outcomes for each academic and vocational program. (g) An explanation of the department’s plans for academic and vocational programs, including plans to contract with intermediate school districts for high school equivalency and high school diploma programs. (h) The number of prisoners not paroled at their earliest release date due to lack of a high school equivalency, and the reason those prisoners have not obtained a high school equivalency. Sec. 910. The department shall allow the Michigan Braille transcribing fund program to operate at its current location. The donation of the building by the Michigan Braille transcribing fund at the G. Robert Cotton Correctional Facility in Jackson is acknowledged and appreciated. The department shall continue to encourage the Michigan Braille transcribing fund program to produce high-quality materials for use by the visually impaired. Sec. 911. By March 1, the department shall report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget director the number of critical incidents occurring each month by type and the number and severity of assaults, escape attempts, suicides, and attempted suicides occurring each month at each facility during the immediately preceding calendar year. Sec. 912. The department shall report to the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director by March 1 on the ratio of correctional officers to prisoners for each correctional institution, the ratio of shift command staff to line custody staff, and the ratio of noncustody institutional staff to prisoners for each correctional institution. Sec. 913. (1) It is the intent of the legislature that any prisoner required to complete a violence prevention program, sexual offender program, or other program as a condition of parole shall be transferred to a facility where that program is available in order to accomplish timely completion of that program prior to the expiration of his or her minimum sentence and eligibility for parole. Nothing in this section should be deemed to make parole denial appealable in court. (2) The department shall submit a quarterly report to the members of the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the state budget director, and the legislative corrections ombudsman detailing enrollment in sex offender programming, assaultive offender programming, violent offender programming, and thinking for change. At a minimum, the report shall include the following: (a) A full accounting of the number of individuals who are required to complete the programming, but have not yet done so. (b) The number of individuals who have reached their earliest release date, but who have not completed required programming. (c) A plan of action for addressing any waiting lists or backlogs for programming that may exist. Sec. 924. The department shall evaluate all prisoners at intake for substance abuse disorders, serious developmental disorders, serious mental illness, and other mental health disorders. Prisoners with serious mental illness or serious developmental disorders shall not be removed from the general population as a punitive response to behavior caused by their serious mental illness or serious developmental disorder. Due to persistent high violence risk or severe disruptive behavior that is unresponsive to treatment, prisoners with serious mental illness or serious developmental disorders may be placed in secure residential housing programs that will facilitate access to institutional programming and ongoing mental health services. A prisoner with serious mental illness or serious developmental disorder who is confined in these specialized housing programs shall be evaluated or monitored by a medical professional at a frequency of not less than every 12 hours. Sec. 925. By March 1, the department shall report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget director on the annual number of prisoners in administrative segregation between October 1, 2014 and September 30, 2015, and the annual number of prisoners in administrative segregation between October 1, 2014 and September 30, 2015 who at any time during the current or prior prison term were diagnosed with serious mental illness or have a developmental disorder and the number of days each of the prisoners with serious mental illness or a developmental disorder have been confined to administrative segregation. Sec. 929. From the funds appropriated in part 1, the department shall do all of the following: (a) Ensure that any inmate care and control staff in contact with prisoners less than 18 years of age are adequately trained with regard to the developmental and mental health needs of prisoners less than 18 years of age. By April 1, the department shall report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director on the training curriculum used and the number and types of staff receiving annual training under that curriculum. (b) Provide appropriate placement for prisoners less than 18 years of age who have serious mental illness, serious emotional disturbance, or a serious developmental disorder and need to be housed separately from the general population. Prisoners less than 18 years of age who have serious mental illness, serious emotional disturbance, or a serious develop­mental 862 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 disorder shall not be removed from an existing placement as a punitive response to behavior caused by their serious mental illness, serious emotional disturbance, or a serious developmental disorder. Due to persistent high violence risk or severe disruptive behavior that is unresponsive to treatment, prisoners less than 18 years of age with serious emotional disturbance, serious mental illness, or serious developmental disorders may be placed in secure residential housing programs that will facilitate access to institutional programming and ongoing mental health services. A prisoner less than 18 years of age with serious mental illness, serious emotional disturbance, or a serious developmental disorder who is confined in these specialized housing programs shall be evaluated or monitored by a medical professional at a frequency of not less than every 12 hours. (c) Implement a specialized reentry program that recognizes the needs of prisoners less than 18 years old for supervised reentry. Sec. 937. The department shall not issue a request for proposal (RFP) for a contract in excess of $5,000,000.00, unless the department has first considered issuing a request for information (RFI) or a request for qualification (RFQ) relative to that contract to better enable the department to learn more about the market for the products or services that are the subject of the future RFP. The department shall notify the department of technology, management, and budget of the evaluation process used to determine if an RFI or RFQ was not necessary prior to issuing the RFP. Sec. 940. (1) Any lease, rental, contract, or other legal agreement that includes a provision allowing a private person or entity to use state-owned facilities or other property to conduct a for-profit business enterprise shall require the lessee to pay fair market value for the use of the state-owned property. (2) The lease, rental, contract, or other legal agreement shall also require the party using the property to make a payment in lieu of taxes to the local jurisdictions that would otherwise receive property tax revenue, as if the property were not owned by the state. Sec. 942. The department shall ensure that any contract with a public or private party to operate a facility to house state prisoners includes a provision to allow access by both the office of the legislative auditor general and the office of the legislative corrections ombudsman to the facility and to appropriate records and documents related to the operation of the facility. These access rights for both offices shall be the same for the contracted facility as for a general state-operated correctional facility. Sec. 945. The department shall investigate options for increasing the visiting capacity at Central Michigan Correctional Facility - St. Louis in order to ease visiting room overcrowding. The department shall submit a report by April 1 to the senate and house of representatives appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget director on progress being made to address visiting room overcrowding. MISCELLANEOUS Sec. 1009. The department shall make an information packet for the families of incoming prisoners available on the department’s website. The information packet shall be updated by February 1 of each year thereafter. The packet shall provide information on topics including, but not limited to: how to put money into prisoner accounts, how to make phone calls or create Jpay email accounts, how to visit in person, proper procedures for filing complaints or grievances, the rights of prisoners to physical and mental health care, how to utilize the offender tracking information system (OTIS), truth-in-sentencing and how it applies to minimum sentences, the parole process, and guidance on the importance of the role of families in the reentry process. The department is encouraged to partner with external advocacy groups and actual families of prisoners in the packet-writing process to ensure that the information is useful and complete. Sec. 1011. The department may accept in-kind services and equipment donations to facilitate the addition of a cable network that provides programming that will address the religious needs of incarcerated individuals. This network may be a cable television network that presently reaches the majority of households in the United States. A bilingual channel affiliated with this network may also be added to department programming to assist the religious needs of Spanishspeaking inmates. The addition of these channels shall be of no additional cost to this state. Sec. 1012. From the funds appropriated in part 1, priority may be given to funding reentry or rehabilitation programs that have been demonstrated to reduce prison violence and recidivism such as faith-based initiatives. PART 2A PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS FOR FISCAL YEAR 2016-2017 GENERAL SECTIONS Sec. 1201. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2017 for the line items listed in part 1. The fiscal year 2016-2017 appropriations are anticipated to be the same as those for fiscal year 2015-2016, except that the line items will be adjusted for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2016 consensus revenue estimating conference. No. 52] [June 3, 2015] JOURNAL OF THE SENATE ARTICLE VI DEPARTMENT OF EDUCATION PART 1 LINE-ITEM APPROPRIATIONS 863 Sec. 101. There is appropriated for the department of education for the fiscal year ending September 30, 2016, from the following funds: DEPARTMENT OF EDUCATION APPROPRIATION SUMMARY Full-time equated unclassified positions............................................................................. 6.0 Full-time equated classified positions............................................................................. 588.5 GROSS APPROPRIATION.......................................................................................................... $ 305,876,200 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 0 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 305,876,200 Federal revenues: Total federal revenues................................................................................................................... 215,640,900 Special revenue funds: Total local revenues...................................................................................................................... 5,633,700 Total private revenues................................................................................................................... 2,033,300 Total other state restricted revenues............................................................................................. 7,669,600 State general fund/general purpose.............................................................................................. $ 74,898,700 Sec. 102. STATE BOARD OF EDUCATION/OFFICE OF THE SUPERINTENDENT Full-time equated unclassified positions............................................................................. 6.0 Full-time equated classified positions............................................................................... 11.0 State board of education, per diem payments.............................................................................. $ 24,400 Unclassified positions—6.0 FTE positions.................................................................................. 807,000 State board/superintendent operations—11.0 FTE positions........................................................ 2,092,100 GROSS APPROPRIATION.......................................................................................................... $ 2,923,500 Appropriated from: Federal revenues: Federal revenues........................................................................................................................... 222,100 Special revenue funds: Private foundations....................................................................................................................... 28,100 Certification fees.......................................................................................................................... 856,500 State general fund/general purpose.............................................................................................. $ 1,816,800 Sec. 103. CENTRAL SUPPORT Full-time equated classified positions............................................................................... 23.6 Central support operations—23.6 FTE positions......................................................................... $ 3,614,900 Worker’s compensation................................................................................................................. 28,700 Building occupancy charges - property management services..................................................... 3,110,100 Training and orientation workshops............................................................................................. 150,000 Terminal leave payments.............................................................................................................. 554,700 GROSS APPROPRIATION.......................................................................................................... $ 7,458,400 Appropriated from: Federal revenues: Federal revenues........................................................................................................................... 1,659,900 Federal indirect funds................................................................................................................... 2,545,500 Special revenue funds: Certification fees.......................................................................................................................... 405,500 Teacher testing fees...................................................................................................................... 3,900 Training and orientation workshop fees....................................................................................... 150,000 State general fund/general purpose.............................................................................................. $ 2,693,600 Sec. 104. INFORMATION TECHNOLOGY SERVICES Information technology operations............................................................................................... $ 4,179,800 GROSS APPROPRIATION.......................................................................................................... $ 4,179,800 Appropriated from: Federal revenues: Federal revenues........................................................................................................................... 604,000 Federal indirect funds................................................................................................................... 1,784,500 864 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 For Fiscal Year Ending Sept. 30, 2016 Special revenue funds: Local cost sharing (schools for deaf/blind).................................................................................. $ 76,500 Certification fees.......................................................................................................................... 389,200 State general fund/general purpose.............................................................................................. $ 1,325,600 Sec. 105. SPECIAL EDUCATION SERVICES Full-time equated classified positions............................................................................... 47.0 Special education operations—47.0 FTE positions...................................................................... $ 8,920,000 GROSS APPROPRIATION.......................................................................................................... $ 8,920,000 Appropriated from: Federal revenues: Federal revenues........................................................................................................................... 8,440,900 Special revenue funds: Private foundations....................................................................................................................... 110,100 Certification fees.......................................................................................................................... 44,000 State general fund/general purpose.............................................................................................. $ 325,000 Sec. 106. MICHIGAN SCHOOLS FOR THE DEAF AND BLIND Full-time equated classified positions............................................................................... 77.0 Michigan schools for the deaf and blind operations—76.0 FTE positions.................................. $ 12,651,600 Camp Tuhsmeheta—1.0 FTE position......................................................................................... 295,100 Private gifts - blind....................................................................................................................... 200,000 Private gifts - deaf........................................................................................................................ 150,000 GROSS APPROPRIATION.......................................................................................................... $ 13,296,700 Appropriated from: Federal revenues: Federal revenues........................................................................................................................... 6,887,500 Special revenue funds: Local cost sharing (schools for deaf/blind).................................................................................. 5,233,000 Local school district service fees................................................................................................. 312,500 Gifts, bequests, and donations...................................................................................................... 645,100 Student insurance revenue............................................................................................................ 218,600 State general fund/general purpose.............................................................................................. $ 0 Sec. 107. PROFESSIONAL PREPARATION SERVICES Full-time equated classified positions............................................................................... 34.0 Professional preparation operations—34.0 FTE positions........................................................... $ 5,662,600 GROSS APPROPRIATION.......................................................................................................... $ 5,662,600 Appropriated from: Federal revenues: Federal revenues........................................................................................................................... 1,442,100 Special revenue funds: Certification fees.......................................................................................................................... 3,586,300 Teacher college review fees.......................................................................................................... 55,300 Teacher testing fees...................................................................................................................... 358,600 State general fund/general purpose.............................................................................................. $ 220,300 Sec. 108. MICHIGAN OFFICE OF GREAT START Full-time equated classified positions............................................................................... 65.0 Office of great start operations—64.0 FTE positions.................................................................. $ 22,808,600 Child development and care external support.............................................................................. 26,896,500 Head start collaboration office—1.0 FTE position...................................................................... 307,400 Child development and care public assistance............................................................................. 124,200,000 GROSS APPROPRIATION.......................................................................................................... $ 174,212,500 Appropriated from: Federal revenues: Federal revenues........................................................................................................................... 136,543,300 Special revenue funds: Private foundations....................................................................................................................... 250,000 Certification fees.......................................................................................................................... 64,100 State general fund/general purpose.............................................................................................. $ 37,355,100 No. 52] [June 3, 2015] JOURNAL OF THE SENATE Sec. 109. STATE AID AND SCHOOL FINANCE SERVICES Full-time equated classified positions............................................................................... 11.5 State aid and school finance operations—9.5 FTE positions....................................................... $ Financial independence team operations—2.0 FTE positions...................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ Sec. 110. AUDIT SERVICES Full-time equated classified positions................................................................................. 4.5 Audit operations—4.5 FTE positions........................................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal indirect funds................................................................................................................... $ Special revenue funds: Certification fees.......................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 111. ADMINISTRATIVE LAW SERVICES Full-time equated classified positions................................................................................. 2.0 Administrative law operations—2.0 FTE positions...................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal revenues........................................................................................................................... Special revenue funds: Certification fees.......................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 112. ACCOUNTABILITY SERVICES Full-time equated classified positions............................................................................... 65.6 Accountability services operations—65.6 FTE positions............................................................. $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal revenues........................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 113. SCHOOL SUPPORT SERVICES Full-time equated classified positions............................................................................... 82.6 School support services operations—82.6 FTE positions............................................................ $ Federal and private grants............................................................................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal revenues........................................................................................................................... Special revenue funds: Local school district service fees................................................................................................. Private foundations....................................................................................................................... Certification fees.......................................................................................................................... Commodity distribution fees........................................................................................................ State general fund/general purpose.............................................................................................. $ Sec. 114. FIELD SERVICES Full-time equated classified positions............................................................................... 45.0 Field services operations—45.0 FTE positions............................................................................ $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal revenues........................................................................................................................... 865 For Fiscal Year Ending Sept. 30, 2016 1,358,500 499,500 1,858,000 1,858,000 601,800 601,800 478,300 61,200 62,300 1,332,000 1,332,000 550,300 685,200 96,500 14,616,400 14,616,400 13,441,100 1,175,300 15,087,200 3,000,000 18,087,200 16,240,500 11,700 1,000,000 85,600 71,700 677,700 9,174,400 9,174,400 8,874,900 866 JOURNAL OF THE SENATE [June 3, 2015] Special revenue funds: Certification fees.......................................................................................................................... $ State general fund/general purpose.............................................................................................. $ Sec. 115. EDUCATIONAL IMPROVEMENT AND INNOVATION SERVICES Full-time equated classified positions............................................................................... 59.7 Educational improvement and innovation operations—59.7 FTE positions................................ $ Educator evaluations and assessments.......................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal revenues........................................................................................................................... Special revenue funds: Certification fees.......................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 116. CAREER AND TECHNICAL EDUCATION Full-time equated classified positions............................................................................... 27.0 Career and technical education operations—27.0 FTE positions................................................. $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal revenues........................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 117. LIBRARY OF MICHIGAN Full-time equated classified positions............................................................................... 33.0 Library of Michigan operations—32.0 FTE positions................................................................. $ Library services and technology program—1.0 FTE position..................................................... State aid to libraries..................................................................................................................... Michigan eLibrary........................................................................................................................ Renaissance zone reimbursements................................................................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: IMLS, library services and technology act.................................................................................. State general fund/general purpose.............................................................................................. $ PART 1B SUPPLEMENTAL LINE-ITEM APPROPRIATIONS [No. 52 For Fiscal Year Ending Sept. 30, 2016 Sec. 151. There is appropriated for the department of education for the fiscal year ending September the following funds: DEPARTMENT OF EDUCATION APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... ADJUSTED GROSS APPROPRIATION..................................................................................... $ Federal revenues: Total federal revenues................................................................................................................... Special revenue funds: Total local revenues...................................................................................................................... Total private revenues................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 152. MICHIGAN OFFICE OF GREAT START Child development and care public assistance............................................................................. $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ 77,000 222,500 9,362,500 2,500,000 11,862,500 6,500,600 556,900 4,805,000 4,748,800 4,748,800 3,818,600 930,200 4,408,800 5,606,800 9,876,000 1,750,000 5,300,000 26,941,600 5,606,800 21,334,800 30, 2015, from (2,703,500) 0 (2,703,500) 0 0 0 0 (2,703,500) (2,703,500) (2,703,500) (2,703,500) No. 52] [June 3, 2015] JOURNAL OF THE SENATE PART 2 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2015-2016 867 GENERAL SECTIONS Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for the fiscal year ending September 30, 2016 is $82,568,300.00 and state spending from state resources to be paid to local units of government for the fiscal year ending September 30, 2016 is $15,176,000.00. The itemized statement below identifies appropriations from which spending to local units of government will occur: DEPARTMENT OF EDUCATION State aid to libraries..................................................................................................................... $ 9,876,000 Renaissance zone reimbursements................................................................................................ 5,300,000 Total department of education...................................................................................................... $ 15,176,000 Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. Sec. 203. As used in this part and part 1: (a) “Department” means the Michigan department of education. (b) “District” means a local school district as defined in section 6 of the revised school code, 1976 PA 451, MCL 380.6, or a public school academy as defined in section 5 of the revised school code, 1976 PA 451, MCL 380.5. (c) “FTE” means full-time equated. (d) “IMLS” means Institute of Museum and Library Services. (e) “Fund-raising activity” means an ongoing fund-raising activity that is scheduled to take place at more than 1 time during a school day or throughout the school day. Sec. 204. The state superintendent of public instruction shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. The state super­ intendent of public instruction shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both. Sec. 205. The departments and agencies receiving appropriations under part 1 shall use the Internet to fulfill the reporting requirements of this part. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an Internet or Intranet site. Sec. 206. The department shall provide through the Internet the state board of education agenda and all supporting docu­ ments, and shall notify the state budget director and the senate and house fiscal agencies that the agenda and supporting documents are available on the Internet, at the time the agenda and supporting documents are provided to state board of education members. Sec. 207. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency: (a) Fiscal year-to-date expenditures by category. (b) Fiscal year-to-date expenditures by appropriation unit. (c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description. (d) The number of active department employees by job classification. (e) Job specifications and wage rates. Sec. 208. The department shall require all districts and intermediate school districts to maintain complete records within the personnel file of a teacher or school employee of any disciplinary actions taken by the governing board against the teacher or employee for sexual misconduct. The records shall not be destroyed or removed from the teacher’s or employee’s personnel file except as required by a court order. Sec. 211. To the extent the state continues to identify schools as meeting proficiency targets, before publishing a list of schools or districts determined to have failed to make adequate yearly progress as required by the no child left behind act of 2001, Public Law 107-110, the department shall allow a school or district to appeal that determination. Those appeals shall be addressed before designation may be published. Sec. 212. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses if they are competitively priced and of comparable quality. In addition, preference should be given to goods or services, or both, manufactured or provided by Michigan businesses owned and operated by veterans if they are competitively priced and of comparable quality. Sec. 214. The department and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds 868 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 appropriated in the department’s budget. The report shall be submitted to the senate and house appropriations committees, the house and senate fiscal agencies, and the state budget director. The report must include the following information: (a) The dates of each travel occurrence. (b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues. Sec. 216. The department shall not take disciplinary action against an employee who communicates truthfully and factually with a member of the legislature or his or her staff. Sec. 218. The department and agencies receiving appropriations in part 1 shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall be followed. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines. Sec. 219. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $700,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $250,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $3,000,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 220. (1) The department shall provide data requested by a member of the legislature, his or her staff, or the house and senate fiscal agencies in a timely manner. If the department fails to provide reasonably requested data within 30 days after the request, the state money appropriated in part 1 for state board/superintendent operations shall be reduced by 1%. (2) If the department fails to provide to the legislature reports and other data required by boilerplate or statute within 30 days after the date the information is due, the state money appropriated in part 1 for state board/superintendent operations shall be reduced by 1%. Sec. 221. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those activities that the attorney general authorizes. Sec. 222. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the agency’s performance. Sec. 226. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the office of the state budget, the chairpersons of the senate and house appropriations committees, and the senate and house fiscal agencies. Sec. 227. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the senate and house appropriations chairs, the senate and house appropriations subcommittees responsible for the department budget, respectively, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2015 and September 30, 2016. Sec. 230. The department may assist the department of health and human services, other departments, and local school districts to secure reimbursement for eligible services provided in Michigan schools from the federal Medicaid program. The department may submit reports of direct expenses related to this effort to the department of health and human services for reimbursement. Sec. 231. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2016 is estimated at $15,492,600.00. Total agency appropriations for pension-related legacy costs are estimated at $8,793,500.00. Total agency appropriations for retiree health care legacy costs are estimated at $6,699,100.00. Sec. 233. No state department or agency shall issue a request for proposal (RFP) for a contract in excess of $1,000,000.00, unless the department or agency has first considered issuing a request for information (RFI) or a request for qualification (RFQ) relative to that contract to better enable the department or agency to learn more about the market for the products or services that are the subject of the future RFP. The department or agency shall notify the department of technology, management, and budget of the evaluation process used to determine if an RFI or RFQ was not necessary prior to issuing the RFP. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 869 Sec. 234. In addition to the metrics required under section 447 of the management and budget act, 1984 PA 431, MCL 18.1447, for each new program or program enhancement for which funds in excess of $500,000.00 are appropriated in part 1, the department shall provide not later than November 1, 2015 a list of program-specific metrics intended to measure its performance based on a return on taxpayer investment. The department shall deliver the program-specific metrics to members of the senate and house subcommittees that have subject matter jurisdiction for this budget, fiscal agencies, and the state budget director. The department shall provide an update on its progress in tracking program-specific metrics and the status of program success at an appropriations subcommittee meeting called for by the subcommittee chair. Sec. 235. The department shall not enter into a contract funded under part 1 that exceeds $1,000,000.00 or seek a federal waiver from the no child left behind act of 2001, Public Law 107-110, or an amendment to the federal waiver, until after notification of the content to both the house and senate appropriations committees. Sec. 236. From the funds appropriated in part 1, the department shall compile a report that identifies the mandates required of nonpublic schools. In compiling the report, the department may consult with relevant statewide education associations in Michigan. The report compiled by the department shall indicate the type of mandate, including, but not limited to, student health, student or building safety, accountability, and educational requirements, and shall indicate whether a school has to report on the specified mandates. The report required under this section shall be completed by April 1, 2016 and transmitted to the state budget director, the house and senate appropriations subcommittees responsible for the department of education, and the senate and house fiscal agencies not later than April 15, 2016. Sec. 237. From the funds appropriated in part 1, the department shall take all necessary steps to ensure maximum state and local control over the implementation of school meal programs established under section 1272a of the revised school code, 1976 PA 451, MCL 380.1272a. This shall include, but is not limited to, establishing an upper limit on the number and frequency of fund-raising activities that may take place in a public school during school hours that allow the sale of food and beverage items that do not meet the nutritional standards. The department shall ensure that this upper limit is not less than 2 fund-raising activities per week. STATE BOARD/OFFICE OF THE SUPERINTENDENT Sec. 301. (1) The appropriations in part 1 may be used for per diem payments to the state board for meetings at which a quorum is present or for performing official business authorized by the state board. The per diem payments shall be at a rate as follows: (a) State board of education - president - $110.00 per day. (b) State board of education - member other than president - $100.00 per day. (2) A state board of education member shall not be paid a per diem for more than 30 days per year. Sec. 302. From the amount appropriated in part 1 to the state board of education, not more than $35,000.00 for the fiscal year ending September 30, 2016 shall be expended for in-state travel and out-of-state travel directly related to the duties of the state board of education. MICHIGAN SCHOOLS FOR THE DEAF AND BLIND Sec. 401. The employees at the Michigan schools for the deaf and blind who work on a school year basis are considered annual employees for purposes of service credits, retirement, and insurance benefits. Sec. 402. For each student enrolled at the Michigan schools for the deaf and blind, the department shall assess the intermediate school district of residence 100% of the cost of operating the student’s instructional program. The amount shall exclude room and board related costs and the cost of weekend transportation between the school and the student’s home. Sec. 406. (1) The Michigan schools for the deaf and blind may promote its residential program as a possible appropriate option for children who are deaf or hard of hearing or who are blind or visually impaired. The Michigan schools for the deaf and blind shall distribute information detailing its services to all intermediate school districts in the state. (2) Upon knowledge of or recognition by an intermediate school district that a child in the district is deaf or hard of hearing or blind or visually impaired, the intermediate school district shall provide to the parents of the child the literature distributed by the Michigan schools for the deaf and blind to intermediate school districts under subsection (1). (3) Parents will continue to have a choice regarding the educational placement of their deaf or hard-of-hearing children. Sec. 407. Revenue received by the Michigan schools for the deaf and blind from gifts, bequests, donations, and local district service fees that is unexpended at the end of the state fiscal year may be carried over to the succeeding fiscal year and shall not revert to the general fund. Sec. 408. In addition to the funds appropriated in part 1, the funds collected by the Michigan schools for the deaf and the low incidence outreach program for document reproduction and services; conferences, workshops, and training classes; and the use of specialized equipment, facilities, and software are appropriated for all expenses necessary to provide the required services. These funds are available for expenditure when they are received and may be carried forward into the next succeeding fiscal year. PROFESSIONAL PREPARATION SERVICES Sec. 501. From the funds appropriated in part 1 for professional preparation services, the department shall maintain certificate revocation/felony conviction files for educational personnel. 870 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 Sec. 502. The department shall authorize teacher preparation institutions to provide an alternative program by which up to 1/2 of the required student internship or student teaching credits may be earned through substitute teaching. The department shall require that teacher preparation institutions collaborate with school districts to ensure that the quality of instruction provided to student teachers is comparable to that required in a traditional student teaching program. Sec. 506. Revenue received from teacher testing fees that is unexpended at the end of the state fiscal year may be carried over to the succeeding fiscal year and shall not revert to the general fund. STATE AID AND SCHOOL FINANCE SERVICES Sec. 601. Funds appropriated in part 1 for the financial independence team shall be expended for the purpose of implementing an early warning system to identify districts and intermediate school districts that are in need of financial attention. The financial independence team shall provide expertise, technical assistance, and the resources necessary to address the financial needs for those identified distressed districts and intermediate school districts. LIBRARY OF MICHIGAN Sec. 801. In addition to the funds appropriated in part 1, the funds collected by the department for document reproduction and services; conferences, workshops, and training classes; and the use of specialized equipment, facilities, and software are appropriated for all expenses necessary to provide the required services. These funds are available for expenditure when they are received and may be carried forward into the next succeeding fiscal year. Sec. 803. It is the intent of the legislature that the library of Michigan and the component programs currently within the library of Michigan with the exception of the genealogical collections shall be kept together in a state department. Sec. 804. (1) The funds appropriated in part 1 for renaissance zone reimbursements shall be used to reimburse public libraries under section 12 of the Michigan renaissance zone act, 1996 PA 376, MCL 125.2692, for taxes levied in 2015. The allocations shall be made not later than 60 days after the department of treasury certifies to the department and to the state budget director that the department of treasury has received all necessary information to properly determine the amounts due to each eligible recipient. (2) If the amount appropriated under this section is not sufficient to fully pay obligations under this section, payments shall be prorated on an equal basis among all eligible public libraries. Sec. 806. From the increased funds appropriated in part 1 for state aid to public libraries, it is the intent of the legislature that the department shall increase the state aid grants to libraries to support local library operations and programs including those that develop and improve early literacy skills by highlighting early literacy resources for emerging readers. The intent of the increase is to increase the number of children who are reading at grade level by the end of third grade. SCHOOL SUPPORT SERVICES Sec. 901. Within 10 days of the receipt of a grant appropriated in the federal and private grants line item in part 1, the department shall notify the house and senate chairpersons of the appropriations subcommittees responsible for the department budget, the house and senate fiscal agencies, and the state budget director of the receipt of the grant, including the funding source, purpose, and amount of the grant. MICHIGAN OFFICE OF GREAT START Sec. 1001. By November 1, 2015, the department shall submit a report to the house and senate appropriations subcommittees on the department of education budget and the house and senate fiscal agencies on the number of eligible child care providers by type receiving payment for child care services from the department on October 1, 2015. Sec. 1003. (1) The department shall provide the house and senate appropriations subcommittees on the department budget with an annual report on all funding appropriated to the Early Childhood Investment Corporation (ECIC) by the state for fiscal year 2014-2015. The report is due by February 15 and shall contain at least the following information: (a) Total funding appropriated to the Early Childhood Investment Corporation by the state for fiscal year 2014-2015. (b) The amount of funding for each grant awarded. (c) The grant recipients. (d) The activities funded by each grant. (e) An analysis of each grant recipient’s success in addressing the development of a comprehensive system of early childhood services and supports. (2) All department contracts for early childhood comprehensive systems planning shall be bid out through a statewide request-for-proposal process. Sec. 1004. From the increased funds appropriated in part 1 for child development and care public assistance, the department shall expand the child development and care program in the current fiscal year. The purpose of this program expansion is to increase the number of low-income children in high-quality early learning programs, to increase the number of children ready for school at kindergarten entry, and to increase the number of children who are reading at grade level by the end of third grade. Sec. 1005. From the funds appropriated in part 1, the department shall ensure that the kindergarten entry assessment includes a method for information to be provided regarding a child’s participation in the great start readiness program. Sec. 1006. The department shall post on its website a link to the federal Institute of Education Sciences’ What Works Clearinghouse. The department also shall work to disseminate knowledge about the What Works Clearinghouse to districts and intermediate districts so that it may be used to improve reading proficiency for pupils in grades K to 3. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 871 Sec. 1007. (1) From the increased funds appropriated in part 1 for child development and care - external support, the department shall create progress reports that shall include, but are not limited to, the following: (a) Both the on-site and off-site activities that are intended to improve child care provider quality and the number of times those activities are performed by the licensing consultants. (b) How many on-site visits a single licensing consultant has made since the start of the 2015-2016 fiscal year. (c) The types of on-site visits and the number of visits for each type that a single consultant has made since the start of fiscal year 2015-2016. (d) The number of providers that have improved their quality rating since the start of fiscal year 2015-2016 compared to the same time period in fiscal year 2014-2015. (e) The types of activities that are intended to improve licensing consultant performance and child care provider quality and the number of times those activities are performed by the managers and administrators. (2) The progress reports shall be sent to the state budget director, the house and senate subcommittees that oversee the department of education, and the house and senate fiscal agencies by April 1, 2016 and September 30, 2016. PART 2A PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS FOR FISCAL YEAR 2016-2017 GENERAL SECTIONS Sec. 1201. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2017 for the line items listed in part 1. The fiscal year 2016-2017 appropriations are anticipated to be the same as those for fiscal year 2015-2016, except that the line items will be adjusted for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2016 consensus revenue estimating conference. PART 2B PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2014-2015 GENERAL SECTIONS Sec. 2201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1B for fiscal year 2014-2015 is ($2,703,500.00) and state spending from state resources to be paid to local units of government for fiscal year 2014-2015 is $0.00. Sec. 2202. The appropriations authorized under this part and part 1B are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. ARTICLE VII DEPARTMENT OF ENVIRONMENTAL QUALITY PART 1 LINE-ITEM APPROPRIATIONS Sec. 101. There is appropriated for the department of environmental quality for the fiscal year ending September 30, 2016, from the following funds: DEPARTMENT OF ENVIRONMENTAL QUALITY APPROPRIATION SUMMARY Full-time equated unclassified positions............................................................................. 6.0 Full-time equated classified positions.......................................................................... 1,218.0 GROSS APPROPRIATION.......................................................................................................... $ 486,909,300 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 9,115,300 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 477,794,000 Federal revenues: Federal funds................................................................................................................................ 138,079,100 Special revenue funds: Private funds................................................................................................................................. 546,000 Total other state restricted revenues............................................................................................. 304,341,200 State general fund/general purpose.............................................................................................. $ 34,827,700 State general fund/general purpose schedule: Ongoing state general fund/general purpose.......................................................... 34,827,700 One-time state general fund/general purpose......................................................................... 0 FUND SOURCE SUMMARY Full-time equated unclassified positions............................................................................. 6.0 Full-time equated classified positions.......................................................................... 1,218.0 GROSS APPROPRIATION.......................................................................................................... $ 486,909,300 872 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 For Fiscal Year Ending Sept. 30, 2016 Interdepartmental grant revenues: IDG, MDOT - Michigan transportation fund............................................................................... $ 1,310,500 IDG, MDSP.................................................................................................................................. 1,720,100 IDT, interdivisional charges......................................................................................................... 2,053,400 IDT, laboratory services............................................................................................................... 4,031,300 Total interdepartmental grants and intradepartmental transfers................................................... 9,115,300 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 477,794,000 Federal revenues: Federal funds................................................................................................................................ 138,079,100 Special revenue funds: Private funds................................................................................................................................. 546,000 Air emissions fees........................................................................................................................ 11,910,500 Aquatic nuisance control fund...................................................................................................... 897,800 Campground fund......................................................................................................................... 309,300 Clean Michigan initiative - response activities............................................................................ 1,500,000 Clean Michigan initiative - clean water fund............................................................................... 2,617,100 Clean Michigan initiative - contaminated sediments................................................................... 1,565,000 Clean Michigan initiative - nonpoint source................................................................................ 2,000,000 Cleanup and redevelopment fund................................................................................................. 19,105,000 Community pollution prevention fund......................................................................................... 250,000 Electronic waste recycling fund................................................................................................... 320,700 Environmental education fund...................................................................................................... 164,000 Environmental pollution prevention fund..................................................................................... 7,824,700 Environmental protection bond fund............................................................................................ 126,800 Environmental protection fund..................................................................................................... 2,379,800 Environmental response fund....................................................................................................... 3,719,000 Fees and collections..................................................................................................................... 421,500 Financial instruments.................................................................................................................... 9,347,200 Great Lakes protection fund......................................................................................................... 234,800 Groundwater discharge permit fees.............................................................................................. 1,719,500 Infrastructure construction fund................................................................................................... 50,000 Land and water permit fees.......................................................................................................... 3,150,700 Landfill maintenance trust fund................................................................................................... 30,300 Medical waste emergency response fund..................................................................................... 325,100 Metallic mining surveillance fee revenue..................................................................................... 98,900 Mineral well regulatory fee revenue............................................................................................ 217,200 Nonferrous metallic mineral surveillance..................................................................................... 353,600 NPDES fees.................................................................................................................................. 4,459,100 Oil and gas regulatory fund.......................................................................................................... 10,349,200 Orphan well fund.......................................................................................................................... 2,372,300 Public swimming pool fund......................................................................................................... 638,500 Public utility assessments............................................................................................................. 257,400 Public water supply fees............................................................................................................... 4,861,300 Refined petroleum fund................................................................................................................ 40,685,600 Revitalization revolving loan fund............................................................................................... 100,700 Revolving loan revenue bonds...................................................................................................... 11,400,000 Sand extraction fee revenue......................................................................................................... 91,100 Scrap tire regulatory fund............................................................................................................. 5,066,600 Septage waste contingency fund.................................................................................................. 18,100 Septage waste program fund........................................................................................................ 520,400 Settlement funds........................................................................................................................... 419,000 Sewage sludge land application fees............................................................................................ 1,114,800 Small business pollution prevention revolving loan fund............................................................ 162,600 Soil erosion and sedimentation control training fund.................................................................. 167,000 Solid waste management fund - staff account.............................................................................. 4,956,400 Stormwater permit fees................................................................................................................ 3,059,700 No. 52] [June 3, 2015] JOURNAL OF THE SENATE 873 For Fiscal Year Ending Sept. 30, 2016 Strategic water quality initiatives fund......................................................................................... $ 116,173,600 Underground storage tank cleanup fund....................................................................................... 20,000,000 Wastewater operator training fees................................................................................................ 579,300 Water analysis fees....................................................................................................................... 2,204,200 Water pollution control revolving fund........................................................................................ 3,667,500 Water quality protection fund....................................................................................................... 100,000 Water use reporting fees............................................................................................................... 278,300 Total other state restricted revenues............................................................................................. 304,341,200 State general fund/general purpose.............................................................................................. $ 34,827,700 Sec. 102. EXECUTIVE OPERATIONS Full-time equated unclassified positions............................................................................. 6.0 Full-time equated classified positions............................................................................... 13.0 Unclassified salaries—6.0 FTE positions..................................................................................... $ 735,600 Executive direction—13.0 FTE positions..................................................................................... 2,058,000 GROSS APPROPRIATION.......................................................................................................... $ 2,793,600 Appropriated from: Federal revenues: Federal funds................................................................................................................................ 27,100 Special revenue funds: Environmental protection fund..................................................................................................... 298,100 Environmental response fund....................................................................................................... 169,300 Oil and gas regulatory fund.......................................................................................................... 221,800 Refined petroleum fund................................................................................................................ 590,900 Settlement funds........................................................................................................................... 11,400 State general fund/general purpose.............................................................................................. $ 1,475,000 Sec. 103. OFFICE OF THE GREAT LAKES Full-time equated classified positions............................................................................... 12.0 Office of the Great Lakes—12.0 FTE positions........................................................................... $ 2,141,200 Coastal management grants.......................................................................................................... 1,250,000 GROSS APPROPRIATION.......................................................................................................... $ 3,391,200 Appropriated from: Federal revenues: Federal funds................................................................................................................................ 2,176,300 Special revenue funds: Great Lakes protection fund......................................................................................................... 213,500 Settlement funds........................................................................................................................... 111,900 State general fund/general purpose.............................................................................................. $ 889,500 Sec. 104. GREAT LAKES RESTORATION INITIATIVE Full-time equated classified positions................................................................................. 6.0 Great Lakes restoration initiative—6.0 FTE positions................................................................. $ 15,046,100 GROSS APPROPRIATION.......................................................................................................... $ 15,046,100 Appropriated from: Federal revenues: Federal funds................................................................................................................................ 15,046,100 Special revenue funds: State general fund/general purpose.............................................................................................. $ 0 Sec. 105. DEPARTMENT SUPPORT SERVICES Full-time equated classified positions............................................................................... 34.0 Central support services—34.0 FTE positions............................................................................. $ 4,073,300 Accounting service center............................................................................................................ 1,362,200 Administrative hearings................................................................................................................ 372,200 Automated data processing........................................................................................................... 2,053,400 Building occupancy charges......................................................................................................... 4,438,600 Environmental support projects.................................................................................................... 5,000,000 Rent - privately owned property................................................................................................... 2,281,200 GROSS APPROPRIATION.......................................................................................................... $ 19,580,900 874 JOURNAL OF THE SENATE [June 3, 2015] Appropriated from: Interdepartmental grant revenues: IDG, MDSP.................................................................................................................................. $ IDT, interdivisional charges......................................................................................................... IDT, laboratory services............................................................................................................... Special revenue funds: Air emissions fees........................................................................................................................ Campground fund......................................................................................................................... Cleanup and redevelopment fund................................................................................................. Electronic waste recycling fund................................................................................................... Environmental pollution prevention fund..................................................................................... Environmental response fund....................................................................................................... Fees and collections..................................................................................................................... Financial instruments.................................................................................................................... Great Lakes protection fund......................................................................................................... Groundwater discharge permit fees.............................................................................................. Land and water permit fees.......................................................................................................... Medical waste emergency response fund..................................................................................... Metallic mining surveillance fee revenue..................................................................................... Mineral well regulatory fee revenue............................................................................................ Nonferrous metallic mineral surveillance..................................................................................... NPDES fees.................................................................................................................................. Oil and gas regulatory fund.......................................................................................................... Orphan well fund.......................................................................................................................... Public swimming pool fund......................................................................................................... Public utility assessments............................................................................................................. Public water supply fees............................................................................................................... Refined petroleum fund................................................................................................................ Sand extraction fee revenue......................................................................................................... Scrap tire regulatory fund............................................................................................................. Septage waste program fund........................................................................................................ Settlement funds........................................................................................................................... Sewage sludge land application fees............................................................................................ Small business pollution prevention revolving loan fund............................................................ Soil erosion and sedimentation control training fund.................................................................. Solid waste management fund - staff account.............................................................................. Stormwater permit fees................................................................................................................ Wastewater operator training fees................................................................................................ Water analysis fees....................................................................................................................... Water use reporting fees............................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 106. OFFICE OF ENVIRONMENTAL ASSISTANCE Full-time equated classified positions............................................................................... 38.0 Office of environmental assistance—38.0 FTE positions............................................................ $ Pollution prevention local grants.................................................................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Private funds................................................................................................................................. Air emissions fees........................................................................................................................ Community pollution prevention fund......................................................................................... Environmental education fund...................................................................................................... Environmental pollution prevention fund..................................................................................... Fees and collections..................................................................................................................... [No. 52 For Fiscal Year Ending Sept. 30, 2016 59,100 2,053,400 150,200 1,230,600 13,900 1,408,500 15,000 759,700 213,400 26,100 7,218,700 13,800 178,900 515,600 15,600 4,400 7,800 800 217,700 593,400 45,900 23,800 19,900 168,800 1,611,500 3,700 154,000 17,500 36,500 117,600 16,900 16,500 298,300 111,600 30,000 134,300 21,500 2,056,000 6,179,400 250,000 6,429,400 695,100 359,200 134,600 250,000 164,000 1,481,700 118,500 No. 52] [June 3, 2015] JOURNAL OF THE SENATE Settlement funds........................................................................................................................... $ Small business pollution prevention revolving loan fund............................................................ State general fund/general purpose.............................................................................................. $ Sec. 107. WATER RESOURCE DIVISION Full-time equated classified positions............................................................................. 316.0 Land and water interface permit programs—82.0 FTE positions................................................ $ Program direction and project assistance—27.0 FTE positions................................................... Water withdrawal assessment program—4.0 FTE positions........................................................ Water quality and use initiative/general—5.0 FTE positions....................................................... Real-time beach monitoring program........................................................................................... Wetlands program......................................................................................................................... Aquatic nuisance control program—6.0 FTE positions............................................................... Expedited water/wastewater permits—1.0 FTE position.............................................................. Fish contaminant monitoring........................................................................................................ Groundwater discharge—22.0 FTE positions............................................................................... NPDES nonstormwater program—83.0 FTE positions................................................................ Surface water—86.0 FTE positions.............................................................................................. Federal - Great Lakes remedial action plan grants...................................................................... Federal - nonpoint source water pollution grants......................................................................... Contaminated lake and river sediment cleanup program............................................................. Nonpoint source pollution prevention and control project program............................................ Wetland mitigation banking grants and loans.............................................................................. Water quality protection grants.................................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG, MDOT - Michigan transportation fund............................................................................... Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Aquatic nuisance control fund...................................................................................................... Clean Michigan initiative - clean water fund............................................................................... Clean Michigan initiative - contaminated sediments................................................................... Clean Michigan initiative - nonpoint source................................................................................ Environmental response fund....................................................................................................... Groundwater discharge permit fees.............................................................................................. Infrastructure construction fund................................................................................................... Land and water permit fees.......................................................................................................... NPDES fees.................................................................................................................................. Refined petroleum fund................................................................................................................ Sewage sludge land application fees............................................................................................ Soil erosion and sedimentation control training fund.................................................................. Stormwater permit fees................................................................................................................ Strategic water quality initiatives fund......................................................................................... Wastewater operator training fees................................................................................................ Water pollution control revolving fund........................................................................................ Water quality protection fund....................................................................................................... Water use reporting fees............................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 108. LAW ENFORCEMENT DIVISION Full-time equated classified positions............................................................................... 14.0 Environmental investigations—14.0 FTE positions..................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDT, laboratory services............................................................................................................... 875 For Fiscal Year Ending Sept. 30, 2016 259,200 132,500 2,834,600 11,439,100 2,972,900 611,900 1,624,000 500,000 1,000,000 897,800 50,000 316,100 3,157,800 12,777,900 15,638,200 583,800 4,083,300 1,565,000 2,000,000 3,000,000 100,000 62,317,800 1,225,400 19,233,000 897,800 2,617,100 1,565,000 2,000,000 201,600 1,446,200 50,000 2,295,900 4,070,300 440,600 936,200 137,600 2,860,700 3,000,000 276,600 809,500 100,000 240,500 17,913,800 2,809,200 2,809,200 15,700 876 JOURNAL OF THE SENATE [June 3, 2015] Federal revenues: Federal funds................................................................................................................................ $ Special revenue funds: Air emissions fees........................................................................................................................ Campground fund......................................................................................................................... Cleanup and redevelopment fund................................................................................................. Electronic waste recycling fund................................................................................................... Environmental pollution prevention fund..................................................................................... Environmental response fund....................................................................................................... Fees and collections..................................................................................................................... Financial instruments.................................................................................................................... Great Lakes protection fund......................................................................................................... Groundwater discharge permit fees.............................................................................................. Land and water permit fees.......................................................................................................... Medical waste emergency response fund..................................................................................... Metallic mining surveillance fee revenue..................................................................................... Mineral well regulatory fee revenue............................................................................................ NPDES fees.................................................................................................................................. Oil and gas regulatory fund.......................................................................................................... Orphan well fund.......................................................................................................................... Public swimming pool fund......................................................................................................... Public utility assessments............................................................................................................. Public water supply fees............................................................................................................... Refined petroleum fund................................................................................................................ Sand extraction fee revenue......................................................................................................... Scrap tire regulatory fund............................................................................................................. Septage waste program fund........................................................................................................ Sewage sludge land application fees............................................................................................ Small business pollution prevention revolving loan fund............................................................ Soil erosion and sedimentation control training fund.................................................................. Solid waste management fund - staff account.............................................................................. Stormwater permit fees................................................................................................................ Wastewater operator training fees................................................................................................ Water analysis fees....................................................................................................................... Water use reporting fees............................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 109. AIR QUALITY DIVISION Full-time equated classified positions............................................................................. 188.0 Air quality programs—188.0 FTE positions................................................................................ $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Air emissions fees........................................................................................................................ Environmental pollution prevention fund..................................................................................... Fees and collections..................................................................................................................... Oil and gas regulatory fund.......................................................................................................... Refined petroleum fund................................................................................................................ State general fund/general purpose.............................................................................................. $ Sec. 110. RESOURCE MANAGEMENT DIVISION Full-time equated classified positions............................................................................. 305.0 Drinking water and environmental health—106.0 FTE positions................................................ $ Hazardous waste management program—45.0 FTE positions..................................................... Low-level radioactive waste authority—2.0 FTE positions......................................................... Medical waste program—2.0 FTE positions................................................................................ [No. 52 For Fiscal Year Ending Sept. 30, 2016 569,500 55,900 2,100 185,500 1,600 106,200 40,000 4,100 513,600 1,500 18,700 76,900 2,400 700 1,200 31,900 85,700 7,100 3,700 2,000 26,200 360,900 600 28,900 2,700 12,100 2,600 2,600 40,400 17,400 4,600 18,100 3,100 563,000 26,768,000 26,768,000 7,322,000 9,831,400 1,337,000 222,400 134,600 3,589,900 4,330,700 14,655,000 6,795,500 227,700 297,200 No. 52] [June 3, 2015] JOURNAL OF THE SENATE 877 For Fiscal Year Ending Sept. 30, 2016 Municipal assistance—29.0 FTE positions.................................................................................. $ 4,724,600 Radiological protection program—12.0 FTE positions................................................................ 1,939,200 Scrap tire regulatory program—10.0 FTE positions.................................................................... 1,320,200 Oil, gas, and mineral services—59.0 FTE positions.................................................................... 12,012,800 Recycling initiative—3.0 FTE positions...................................................................................... 999,100 Solid waste management program—37.0 FTE positions............................................................. 4,925,900 Drinking water program grants.................................................................................................... 830,000 Noncommunity water grants........................................................................................................ 2,000,000 Septage waste compliance grants................................................................................................. 275,000 Strategic water quality initiative grants and loans....................................................................... 97,000,000 Water pollution control and drinking water revolving fund......................................................... 84,993,000 Scrap tire grants........................................................................................................................... 3,500,000 GROSS APPROPRIATION.......................................................................................................... $ 236,495,200 Appropriated from: Interdepartmental grant revenues: IDG, MDSP.................................................................................................................................. 1,635,600 Federal revenues: Federal funds................................................................................................................................ 85,785,900 Special revenue funds: Campground fund......................................................................................................................... 285,000 Electronic waste recycling fund................................................................................................... 297,700 Environmental pollution prevention fund..................................................................................... 3,686,500 Fees and collections..................................................................................................................... 34,000 Medical waste emergency response fund..................................................................................... 297,200 Metallic mining surveillance fee revenue..................................................................................... 91,100 Mineral well regulatory fee revenue............................................................................................ 203,300 Nonferrous metallic mineral surveillance..................................................................................... 352,500 Oil and gas regulatory fund.......................................................................................................... 8,991,200 Orphan well fund.......................................................................................................................... 2,290,200 Public swimming pool fund......................................................................................................... 596,000 Public utility assessments............................................................................................................. 227,700 Public water supply fees............................................................................................................... 4,217,400 Refined petroleum fund................................................................................................................ 670,300 Revolving loan revenue bonds...................................................................................................... 11,400,000 Sand extraction fee revenue......................................................................................................... 84,500 Scrap tire regulatory fund............................................................................................................. 4,820,200 Septage waste contingency fund.................................................................................................. 18,100 Septage waste program fund........................................................................................................ 489,000 Solid waste management fund - staff account.............................................................................. 4,448,700 Strategic water quality initiatives fund......................................................................................... 98,173,600 Wastewater operator training fees................................................................................................ 249,200 Water pollution control revolving fund........................................................................................ 2,814,900 State general fund/general purpose.............................................................................................. $ 4,335,400 Sec. 111. REMEDIATION AND REDEVELOPMENT DIVISION Full-time equated classified positions............................................................................. 291.0 Contaminated site investigations, cleanup and revitalization—202.0 FTE positions................... $ 24,329,900 Federal cleanup project management—50.0 FTE positions......................................................... 8,858,900 Laboratory services—39.0 FTE positions.................................................................................... 6,082,600 Environmental bond site reclamation program............................................................................. 126,800 Brownfield grants......................................................................................................................... 1,500,000 Emergency cleanup actions.......................................................................................................... 4,000,000 Environmental cleanup support.................................................................................................... 1,840,000 Environmental cleanup and redevelopment program................................................................... 15,000,000 Refined petroleum product cleanup program............................................................................... 20,000,000 Superfund cleanup........................................................................................................................ 1,000,000 GROSS APPROPRIATION.......................................................................................................... $ 82,738,200 878 JOURNAL OF THE SENATE [June 3, 2015] Appropriated from: Interdepartmental grant revenues: IDT, laboratory services............................................................................................................... $ Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Private funds................................................................................................................................. Clean Michigan initiative - response activities............................................................................ Cleanup and redevelopment fund................................................................................................. Environmental protection bond fund............................................................................................ Environmental protection fund..................................................................................................... Environmental response fund....................................................................................................... Landfill maintenance trust fund................................................................................................... Public water supply fees............................................................................................................... Refined petroleum fund................................................................................................................ Revitalization revolving loan fund............................................................................................... Strategic water quality initiatives fund......................................................................................... Water analysis fees....................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 112. UNDERGROUND STORAGE TANK AUTHORITY Full-time equated classified positions................................................................................. 1.0 Underground storage tank cleanup program—1.0 FTE position.................................................. $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Underground storage tank cleanup fund....................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 113. INFORMATION TECHNOLOGY Information technology services and projects.............................................................................. $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG, MDOT - Michigan transportation fund............................................................................... IDG, MDSP.................................................................................................................................. IDT, laboratory services............................................................................................................... Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Air emissions fees........................................................................................................................ Campground fund......................................................................................................................... Cleanup and redevelopment fund................................................................................................. Electronic waste recycling fund................................................................................................... Environmental pollution prevention fund..................................................................................... Environmental protection fund..................................................................................................... Environmental response fund....................................................................................................... Fees and collections..................................................................................................................... Financial instruments.................................................................................................................... Great Lakes protection fund......................................................................................................... Groundwater discharge permit fees.............................................................................................. Land and water permit fees.......................................................................................................... Medical waste emergency response fund..................................................................................... Metallic mining surveillance fee revenue..................................................................................... Mineral well regulatory fee revenue............................................................................................ Nonferrous metallic mineral surveillance..................................................................................... NPDES fees.................................................................................................................................. Oil and gas regulatory fund.......................................................................................................... [No. 52 For Fiscal Year Ending Sept. 30, 2016 3,801,400 6,248,100 186,800 1,500,000 16,758,900 126,800 1,995,400 2,931,200 30,300 302,800 31,777,400 100,700 15,000,000 1,978,400 0 20,000,000 20,000,000 20,000,000 0 8,539,700 8,539,700 85,100 25,400 64,000 976,000 658,000 8,300 752,100 6,400 453,600 86,300 163,500 16,400 1,614,900 6,000 75,700 262,300 9,900 2,700 4,900 300 139,200 322,500 No. 52] [June 3, 2015] JOURNAL OF THE SENATE Orphan well fund.......................................................................................................................... $ Public swimming pool fund......................................................................................................... Public utility assessments............................................................................................................. Public water supply fees............................................................................................................... Refined petroleum fund................................................................................................................ Sand extraction fee revenue......................................................................................................... Scrap tire regulatory fund............................................................................................................. Septage waste program fund........................................................................................................ Sewage sludge land application fees............................................................................................ Small business pollution prevention revolving loan fund............................................................ Soil erosion and sedimentation control training fund.................................................................. Solid waste management fund - staff account.............................................................................. Stormwater permit fees................................................................................................................ Wastewater operator training fees................................................................................................ Water analysis fees....................................................................................................................... Water pollution control revolving fund........................................................................................ Water use reporting fees............................................................................................................... State general fund/general purpose.............................................................................................. $ PART 2 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2015-2016 879 For Fiscal Year Ending Sept. 30, 2016 29,100 15,000 7,800 146,100 1,644,100 2,300 63,500 11,200 48,900 10,600 10,300 169,000 70,000 18,900 73,400 43,100 13,200 429,700 GENERAL SECTIONS Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2015-2016 is $339,168,900.00 and state spending from state resources to be paid to local units of government for fiscal year 2015-2016 is $3,648,500.00. The itemized statement below identifies appropriations from which spending to local units of government will occur: GRANTS Drinking water and environmental health.................................................................................... $ 1,800,000 Surface water quality program..................................................................................................... 500,000 Waste management programs....................................................................................................... 1,073,500 Septage waste compliance program............................................................................................. 275,000 TOTAL.......................................................................................................................................... $ 3,648,500 Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. Sec. 203. As used in this part and part 1: (a) “Department” means the department of environmental quality. (b) “Director” means the director of the department. (c) “FTE” means full-time equated. (d) “IDG” means interdepartmental grant. (e) “IDT” means intradepartmental transfer. (f) “MDOT” means the state transportation department. (g) “MDSP” means the department of state police. (h) “NPDES” means national pollution discharge elimination system. Sec. 204. In addition to the metrics required under section 447 of the management and budget act, 1984 PA 431, MCL 18.1447, for each new program or program enhancement for which funds in excess of $500,000.00 are appropriated in part 1, the department shall provide not later than November 1, 2015 a list of program-specific metrics intended to measure its performance based on a return on taxpayer investment. The department shall deliver the program-specific metrics to members of the senate and house subcommittees that have subject matter jurisdiction for this budget, fiscal agencies, and the state budget director. The department shall provide an update on its progress in tracking program-specific metrics and the status of program success at an appropriations subcommittee meeting called for by the subcommittee chair. Sec. 205. The departments and agencies receiving appropriations in part 1 shall use the Internet to fulfill the reporting requirements of this part. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an Internet or intranet site. Sec. 207. The departments and agencies receiving appropriations in part 1 shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall be followed. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines. 880 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 Sec. 209. The departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information: (a) The dates of each travel occurrence. (b) The total transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues. Sec. 210. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if com­ petitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses and associated subcontractors if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality. Sec. 211. The director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. The director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both. Sec. 212. The department shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff. Sec. 213. (1) Funds appropriated in part 1 shall not be used by the department to promulgate a rule that will apply to a small business and that will have a disproportionate economic impact on small businesses because of the size of those businesses if the department fails to reduce the disproportionate economic impact of the rule on small businesses as provided under section 40 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.240. (2) As used in this section: (a) “Rule” means that term as defined under section 7 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.207. (b) “Small business” means that term as defined under section 7a of the administrative procedures act of 1969, 1969 PA 306, MCL 24.207a. Sec. 214. Funds appropriated in this part and part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those activities that the attorney general authorizes. Sec. 215. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $30,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $500,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 216. (1) The department shall report all of the following information relative to allocations made from appro­pria­ tions for the environmental cleanup and redevelopment program, state cleanup, emergency actions, superfund cleanup, the revitalization revolving loan program, the brownfield grants and loans program, the leaking underground storage tank cleanup program, the contaminated lake and river sediments cleanup program, the refined petroleum product cleanup program, and the environmental protection bond projects under section 19508(7) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.19508, to the state budget director, the senate and house appropriations subcommittees on environmental quality, and the senate and house fiscal agencies: (a) The name and location of the site for which an allocation is made. (b) The nature of the problem encountered at the site. (c) A brief description of how the problem will be resolved if the allocation is made for a response activity. (d) The estimated date that site closure activities will be completed. (e) The amount of the allocation, or the anticipated financing for the site. (f) A summary of the sites and the total amount of funds expended at the sites at the conclusion of the fiscal year. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 881 (g) The number of brownfield projects that were successfully redeveloped. (2) The report prepared under subsection (1) shall also include all of the following: (a) The status of all state-owned facilities that are on the list compiled under part 201 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.20101 to 324.20142. (b) The report shall include the total amount of funds expended during the fiscal year and the total amount of funds awaiting expenditure. (c) The total amount of bonds issued for the environmental protection bond program pursuant to part 193 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.19301 to 324.19306, and bonds issued pursuant to the clean Michigan initiative act, 1998 PA 284, MCL 324.95101 to 324.95108. (3) The report shall be made available by March 31 of each year. Sec. 217. (1) The department may expend amounts remaining from the current and prior fiscal year appropriations to meet funding needs of legislatively approved sites for the environmental cleanup and redevelopment program, the refined petroleum product cleanup program, brownfield grants and loans, waterfront grants, and the environmental bond site reclamation program. (2) Unexpended and unencumbered amounts remaining from appropriations from the environmental protection bond fund contained in 2003 PA 173, 2005 PA 109, 2006 PA 343, 2011 PA 63, and 2012 PA 236 are appropriated for expenditure for any site listed in this part and part 1 and any site listed in the public acts referenced in this section. (3) Unexpended and unencumbered amounts remaining from appropriations from the clean Michigan initiative fund response activities contained in 2000 PA 52, 2004 PA 309, 2005 PA 11, 2006 PA 343, 2007 PA 121, 2011 PA 63, 2013 PA 59, and 2014 PA 252 are appropriated for expenditure for any site listed in this part and part 1 and any site listed in the public acts referenced in this section. (4) Unexpended and unencumbered amounts remaining from appropriations from the refined petroleum fund activities contained in 2007 PA 121, 2008 PA 247, 2009 PA 118, 2010 PA 189, 2011 PA 63, 2012 PA 200, 2013 PA 59, and 2014 PA 252 are appropriated for expenditure for any site listed in this part and part 1 and any site listed in the public acts referenced in this section. (5) Unexpended and unencumbered amounts remaining from the appropriations from the strategic water quality initiatives fund contained in 2011 PA 50, 2011 PA 63, 2012 PA 200, 2013 PA 59, and 2014 PA 252 are appropriated for expenditure for any site listed in this part and part 1 and any site listed in the public acts referenced in this section. Sec. 219. Unexpended settlement revenues at the end of the fiscal year may be carried forward into the settlement fund in the succeeding fiscal year up to a maximum carryforward of $2,500,000.00. Sec. 221. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and the senate and house fiscal agencies. Sec. 222. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the senate and house appropriations chairs, the senate and house appropriations subcommittee chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2015 and September 30, 2016. Sec. 223. Part 1 provides authorizations to fund classified positions during the fiscal year ending September 30, 2016. Line-item appropriations include limitations on the number of payroll hours to be funded, on the basis of 2,088 hours per each FTE position. The department shall report the number of funded FTE positions within 15 days after the effective date of this part. The number of classified employees compensated through each line item is limited by the authorized FTE positions indicated in part 1, as adjusted for the number of reported funded FTE positions. The report shall be provided to the house and senate appropriations subcommittees on environmental quality and the house and senate fiscal agencies. Sec. 225. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency: (a) Fiscal year-to-date expenditures by category. (b) Fiscal year-to-date expenditures by appropriation unit. (c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description. (d) The number of active department employees by job classification. (e) Job specifications and wage rates. Sec. 231. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the agency’s performance. 882 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 Sec. 234. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2016 are $32,301,900.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $18,340,800.00. Total agency appropriations for retiree health care legacy costs are estimated at $13,961,100.00. REMEDIATION DIVISION Sec. 301. Revenues remaining in the interdepartmental transfers, laboratory services at the end of the fiscal year shall carry forward into the succeeding fiscal year. Sec. 302. The unexpended funds appropriated in part 1 for emergency cleanup actions, the environmental cleanup and redevelopment program, and the refined petroleum product cleanup program are considered work project appropriations and any unencumbered or unallotted funds are carried forward into the succeeding fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the projects to be carried forward is to provide contaminated site cleanup. (b) The projects will be accomplished by contract. (c) The total estimated cost of all projects is identified in each line-item appropriation. (d) The tentative completion date is September 30, 2020. Sec. 303. Effective October 1, 2015, surplus funds not to exceed $1,000,000.00 in the cleanup and redevelopment trust fund are appropriated to the environmental protection fund created in section 503a of the natural resources and environmental protection act, 1994 PA 451, MCL 324.503a. Sec. 304. Effective October 1, 2015, surplus funds not to exceed $1,000,000.00 in the community pollution prevention fund created in section 3f of 1976 IL 1, MCL 445.573f, are appropriated to the environmental protection fund created in section 503a of the natural resources and environmental protection act, 1994 PA 451, MCL 324.503a. Sec. 305. It is the intent of the legislature to repay the refined petroleum fund for the $70,000,000.00 that was transferred to the environmental protection fund created in section 503a of the natural resources and environmental protection act, 1994 PA 451, MCL 324.503a, as part of the resolution for the fiscal year 2006-2007 budget. Sec. 306. (1) The funds appropriated in part 1 for the refined petroleum product cleanup program shall be used to fund cleanup activities on the following sites: Site Name County Long Lake Super Market Alpena 11192 S M-43 Barry Mel’s Service Bay American Laundry - Benton Harbor Berrien Spencer’s Cleaners Berrien Baker Oil (W. Dickman) Calhoun USA MiniMart in Sault Ste. Marie Chippewa VanSloten Shell in Rudyard Chippewa City of Davison-Mill St. Genesee Flint FD Fleet Admin. Genesee Flint Water Department Service Center Genesee Howard Jameson A+H Racing Gladwin Clark #1501 Jackson 1201 Wealthy Kent 1603 Diamond Kent 2555 Oak Industrial Drive Kent 501 Leonard Kent 857 Wealthy Kent Market 103 Lapeer Clark 1457 Adrian Lenawee Blanchard Grocery Montcalm (2) The department shall provide a report to the legislature on the amount actually spent at each site listed in subsec­ tion (1) and give a detailed account of the work actually performed at each site. Sec. 309. The unexpended funds appropriated in part 1 for the brownfield grant program are considered work project appropriations and any unencumbered or unallotted funds are carried forward into the succeeding fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the projects to be carried forward is to provide contaminated site cleanup. (b) The projects will be accomplished by contract. (c) The total estimated cost of all projects is $1,500,000.00. (d) The tentative completion date is September 30, 2020. Sec. 310. (1) Upon approval by the state budget director, the department may expend from the general fund of the state an amount to meet the cash-flow requirements of projects funded under any of the following that are financed from bond proceeds and for which bonds have been authorized but not yet issued: (a) Part 52 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.5201 to 324.5206. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 883 (b) Part 193 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.19301 to 324.19306. (c) Part 196 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.19601 to 324.19616. (2) Upon the sale of bonds for projects described in subsection (1), the department shall credit the general fund of the state an amount equal to that expended from the general fund. Sec. 311. Not later than June 1, 2016, the department shall provide a report to the house committee on natural resources, the house appropriations subcommittee on environmental quality, the senate committee on natural resources, and the senate appropriations subcommittee on environmental quality detailing the remediation and redevelopment actions funded by the May 12, 2015 Calhoun County circuit court settlement between the State of Michigan and Enbridge Energy related to the July 2010 oil spill in Talmadge Creek and the Kalamazoo River. WATER RESOURCES DIVISION Sec. 402. From the funds appropriated in part 1 for the water quality and use initiative/general line item, the department shall update a report detailing a comprehensive plan for the use of the water quality and use initiative funding appropriated in part 1 and identifying the amount of expenditures for specific programs made from the water quality and use initiative/general line item, the real-time beach monitoring program line item, and the wetlands program line item. The report shall be submitted to the chairpersons of the senate and house of representatives appropriations subcommittees on environmental quality and the senate and house fiscal agencies by September 30, 2016. Sec. 405. If a certified health department does not exist in a city, county, or district or does not fulfill its responsibilities under part 117 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.11701 to 324.11720, then the department may spend funds appropriated in part 1 under the septage waste compliance program in accordance with section 11716 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.11716. Sec. 406. The department shall work with stakeholders to revise the groundwater discharge permit fee structure in section 3122 prior to September 30, 2016. AIR QUALITY DIVISION Sec. 501. (1) From the increased funds appropriated in part 1 for the air quality program, the department shall increase the funding available for compliance assistance, permitting, inspections, monitoring, and enforcement of facilities that are major sources of air pollution. The funding shall be used to assist with assuring that this state meets national ambient air quality standards and that this state is in compliance with the clean air act, 42 USC 7401 to 7671q. (2) From the funds appropriated in part 1 for the additional air emission fee revenue enacted by the legislature for fiscal year 2015-2016, the department shall hire 1 FTE dedicated to oversight of the air quality programs for the Upper Peninsula. Sec. 502. The department shall not assess additional penalties under part 55 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.5501 to 324.5542, for violations that occurred under a previous owner unless compelled by a consent order or judgment, or other legal requirement. RESOURCE MANAGEMENT DIVISION Sec. 603. From the funds appropriated in part 1, by December 31, 2015, the department shall compile and make available to the public on a publicly accessible website a report containing a summary document of each completed asset management plan for any stormwater, asset management, or wastewater grant awarded to a local unit of government to fund the development of a plan. As a condition of receiving a stormwater, asset management, or wastewater grant, a local unit of government shall make its asset management plan available to the department upon request when completed and shall retain copies of the plan that can be made available to the public for a minimum of 15 years. The department shall make available a summary document of each plan on a publicly accessible website by September 30 of the year it was completed. The summary document shall include a summary of the plan, the plan’s major identified assets, and contact information for the local unit of government. UNDERGROUND STORAGE TANK AUTHORITY Sec. 701. The unexpended funds appropriated in part 1 for the underground storage tank cleanup program are considered work project appropriations, and any unencumbered or unallotted funds are carried forward into the succeeding fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the projects to be carried forward is to provide contaminated site cleanup. (b) The projects will be accomplished by contract. (c) The total estimated cost of all projects is $20,000,000.00. (d) The tentative completion date is September 30, 2020. PART 2A PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS FOR FISCAL YEAR 2016-2017 GENERAL SECTIONS Sec. 2001. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2017 for the line items listed in part 1. The fiscal year 2016-2017 appropriations are anticipated to be the same as those for fiscal year 2015-2016, except that the line items will be adjusted for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2016 consensus revenue estimating conference. 884 JOURNAL OF THE SENATE [June 3, 2015] ARTICLE VIII GENERAL GOVERNMENT PART 1 LINE-ITEM APPROPRIATIONS [No. 52 Sec. 101. There is appropriated for the legislature, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of talent and economic development, the department of civil rights, and certain state purposes related thereto, for the fiscal year ending September 30, 2016, from the following funds: TOTAL GENERAL GOVERNMENT APPROPRIATION SUMMARY Full-time equated unclassified positions........................................................................... 50.0 Full-time equated classified positions.......................................................................... 8,667.2 GROSS APPROPRIATION.......................................................................................................... $ 4,859,628,300 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 742,192,600 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 4,117,435,700 Federal revenues: Total federal revenues................................................................................................................... 825,221,900 Special revenue funds: Total local revenues...................................................................................................................... 17,050,900 Total private revenues................................................................................................................... 6,253,300 Total other state restricted revenues............................................................................................. 2,092,887,000 State general fund/general purpose.............................................................................................. $ 1,176,022,600 State general fund/general purpose schedule: Ongoing state general fund/general purpose......................................................1,094,067,600 One-time state general fund/general purpose......................................................... 81,955,000 Sec. 102. DEPARTMENT OF ATTORNEY GENERAL (1) APPROPRIATION SUMMARY Full-time equated unclassified positions............................................................................. 6.0 Full-time equated classified positions............................................................................. 518.5 GROSS APPROPRIATION.......................................................................................................... $ 92,107,600 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 28,533,900 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 63,573,700 Federal revenues: Total federal revenues................................................................................................................... 9,278,600 Special revenue funds: Total local revenues...................................................................................................................... 0 Total private revenues................................................................................................................... 0 Total other state restricted revenues............................................................................................. 17,281,700 State general fund/general purpose.............................................................................................. $ 37,013,400 State general fund/general purpose schedule: Ongoing state general fund/general purpose.......................................................... 37,013,400 One-time state general fund/general purpose......................................................................... 0 (2) ATTORNEY GENERAL OPERATIONS Full-time equated unclassified positions............................................................................. 6.0 Full-time equated classified positions............................................................................. 518.5 Attorney general........................................................................................................................... $ 112,500 Unclassified positions—5.0 FTE positions.................................................................................. 735,600 Attorney general operations—475.5 FTE positions..................................................................... 81,501,200 Child support enforcement—25.0 FTE positions......................................................................... 3,434,300 Prosecuting attorneys coordinating council—12.0 FTE positions............................................... 2,265,500 Public safety initiative—1.0 FTE position................................................................................... 904,100 Sexual assault law enforcement—5.0 FTE positions................................................................... 1,700,000 GROSS APPROPRIATION.......................................................................................................... $ 90,653,200 Appropriated from: Interdepartmental grant revenues: IDG from MDHHS, health policy................................................................................................ 202,500 IDG from MDHHS, medical services administration.................................................................. 676,400 No. 52] [June 3, 2015] JOURNAL OF THE SENATE IDG from MDHHS, WIC............................................................................................................. $ IDG from department of corrections............................................................................................ IDG from MDE............................................................................................................................ IDG from MDEQ......................................................................................................................... IDG from MDHHS, human services............................................................................................ IDG from MSF, workforce development agency......................................................................... IDG from MDIFS, financial and insurance services.................................................................... IDG from MDLARA, fireworks safety fund................................................................................ IDG from MDLARA, health professions..................................................................................... IDG from MDLARA, licensing and regulation fees.................................................................... IDG from MDLARA, Michigan occupational safety and health administration......................... IDG from MDLARA, remonumentation fees............................................................................... IDG from MDLARA, securities fees........................................................................................... IDG from MDLARA, unlicensed builders................................................................................... IDG from MDTMB...................................................................................................................... IDG from MDTMB, civil service commission............................................................................ IDG from MDTMB, risk management revolving fund................................................................ IDG from MDMVA...................................................................................................................... IDG from MDOS, children’s protection registry......................................................................... IDG from MDOT, comprehensive transportation fund................................................................ IDG from MDOT, state aeronautics fund..................................................................................... IDG from MDOT, state trunkline fund........................................................................................ IDG from MDSP, Michigan justice training fund........................................................................ IDG from MDSP.......................................................................................................................... IDG from Michigan state housing development authority........................................................... IDG from treasury........................................................................................................................ IDG from treasury, strategic fund................................................................................................ Federal revenues: DAG, state administrative match grant/food stamps.................................................................... Federal funds................................................................................................................................ HHS, medical assistance, medigrant............................................................................................ HHS-OS, state Medicaid fraud control units............................................................................... National criminal history improvement program......................................................................... Special revenue funds: Antitrust enforcement collections................................................................................................. Attorney general’s operations fund.............................................................................................. Auto repair facilities fees............................................................................................................. Franchise fees............................................................................................................................... Game and fish protection fund..................................................................................................... Liquor purchase revolving fund................................................................................................... Manufactured housing fees........................................................................................................... Merit award trust fund.................................................................................................................. Michigan employment security act - administrative fund............................................................ Prisoner reimbursement................................................................................................................ Prosecuting attorneys training fees............................................................................................... Public utility assessments............................................................................................................. Real estate enforcement fund....................................................................................................... Reinstatement fees........................................................................................................................ Retirement funds.......................................................................................................................... Second injury fund....................................................................................................................... Self-insurers security fund............................................................................................................ Silicosis and dust disease fund..................................................................................................... State building authority revenue................................................................................................... State casino gaming fund............................................................................................................. State lottery fund.......................................................................................................................... Utility consumers fund................................................................................................................. 885 For Fiscal Year Ending Sept. 30, 2016 149,300 646,400 583,000 1,966,100 5,806,000 87,700 1,187,100 81,200 2,972,600 328,500 105,400 103,900 184,300 327,600 453,900 299,400 1,437,000 161,300 44,100 200,100 173,800 2,377,300 162,400 251,800 662,200 6,727,400 175,200 134,000 3,081,700 376,700 5,567,300 118,900 746,400 1,207,900 320,500 374,300 735,100 1,428,300 245,300 485,200 2,193,700 611,900 404,000 2,033,100 98,600 252,200 1,020,000 804,200 559,100 220,800 118,300 1,822,100 337,800 764,200 886 JOURNAL OF THE SENATE [June 3, 2015] Waterways fund............................................................................................................................ $ Worker’s compensation administrative revolving fund................................................................ State general fund/general purpose.............................................................................................. $ (3) INFORMATION TECHNOLOGY Information technology services and projects.............................................................................. $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ Sec. 103. DEPARTMENT OF CIVIL RIGHTS (1) APPROPRIATION SUMMARY Full-time equated unclassified positions............................................................................. 6.0 Full-time equated classified positions............................................................................. 129.0 GROSS APPROPRIATION.......................................................................................................... $ Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... ADJUSTED GROSS APPROPRIATION..................................................................................... $ Federal revenues: Total federal revenues................................................................................................................... Special revenue funds: Total local revenues...................................................................................................................... Total private revenues................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ State general fund/general purpose schedule: Ongoing state general fund/general purpose.......................................................... 12,949,700 One-time state general fund/general purpose......................................................................... 0 (2) CIVIL RIGHTS OPERATIONS Full-time equated unclassified positions............................................................................. 6.0 Full-time equated classified positions............................................................................. 129.0 Unclassified positions—6.0 FTE positions.................................................................................. $ Civil rights operations—121.0 FTE positions.............................................................................. Division on deaf and hard of hearing—6.0 FTE positions.......................................................... Hispanic/Latino commission of Michigan—1.0 FTE position..................................................... Asian Pacific American affairs commission—1.0 FTE position.................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG from DTMB.......................................................................................................................... Federal revenues: EEOC, state and local antidiscrimination agency contracts......................................................... HUD, grant................................................................................................................................... Special revenue funds: Private revenues............................................................................................................................ Division on deafness fund............................................................................................................ State restricted revenues............................................................................................................... State general fund/general purpose.............................................................................................. $ (3) INFORMATION TECHNOLOGY Information technology services and projects.............................................................................. $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: EEOC, state and local antidiscrimination agency contracts......................................................... State general fund/general purpose.............................................................................................. $ Sec. 104. EXECUTIVE OFFICE (1) APPROPRIATION SUMMARY Full-time equated unclassified positions........................................................................... 10.0 Full-time equated classified positions............................................................................... 74.2 GROSS APPROPRIATION.......................................................................................................... $ [No. 52 For Fiscal Year Ending Sept. 30, 2016 137,000 361,700 35,559,000 1,454,400 1,454,400 1,454,400 16,128,700 286,700 15,842,000 2,721,700 0 18,700 151,900 12,949,700 644,200 13,660,000 784,300 254,800 110,900 15,454,200 286,700 1,192,300 1,514,400 18,700 93,400 58,500 12,290,200 674,500 674,500 15,000 659,500 5,531,100 No. 52] [June 3, 2015] JOURNAL OF THE SENATE 887 For Fiscal Year Ending Sept. 30, 2016 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... $ 0 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 5,531,100 Federal revenues: Total federal revenues................................................................................................................... 0 Special revenue funds: Total local revenues...................................................................................................................... 0 Total private revenues................................................................................................................... 0 Total other state restricted revenues............................................................................................. 0 State general fund/general purpose.............................................................................................. $ 5,531,100 State general fund/general purpose schedule: Ongoing state general fund/general purpose............................................................ 5,531,100 One-time state general fund/general purpose......................................................................... 0 (2) EXECUTIVE OFFICE OPERATIONS Full-time equated unclassified positions........................................................................... 10.0 Full-time equated classified positions............................................................................... 74.2 Governor....................................................................................................................................... $ 159,300 Lieutenant governor...................................................................................................................... 111,600 Executive office—74.2 FTE positions.......................................................................................... 4,002,900 Unclassified positions—8.0 FTE positions.................................................................................. 1,257,300 GROSS APPROPRIATION.......................................................................................................... $ 5,531,100 Appropriated from: State general fund/general purpose.............................................................................................. $ 5,531,100 Sec. 105. LEGISLATURE (1) APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ 159,304,800 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 5,392,800 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 153,912,000 Federal revenues: Total federal revenues................................................................................................................... 0 Special revenue funds: Total local revenues...................................................................................................................... 0 Total private revenues................................................................................................................... 400,000 Total other state restricted revenues............................................................................................. 6,179,600 State general fund/general purpose.............................................................................................. $ 147,332,400 State general fund/general purpose schedule: Ongoing state general fund/general purpose.........................................................147,332,400 One-time state general fund/general purpose......................................................................... 0 (2) LEGISLATURE Senate........................................................................................................................................... $ 33,275,900 Senate automated data processing................................................................................................ 2,592,400 Senate fiscal agency..................................................................................................................... 3,705,500 House of representatives............................................................................................................... 51,176,800 House automated data processing................................................................................................ 2,058,200 House fiscal agency...................................................................................................................... 3,705,500 GROSS APPROPRIATION.......................................................................................................... $ 96,514,300 Appropriated from: State general fund/general purpose.............................................................................................. $ 96,514,300 (3) LEGISLATIVE COUNCIL Legislative council........................................................................................................................ $ 11,396,300 Legislative service bureau automated data processing................................................................. 1,398,600 Worker’s compensation................................................................................................................. 148,400 National association dues............................................................................................................. 445,800 Legislative corrections ombudsman.............................................................................................. 714,900 GROSS APPROPRIATION.......................................................................................................... $ 14,104,000 888 JOURNAL OF THE SENATE [June 3, 2015] Appropriated from: Special revenue funds: Private - gifts and bequests revenues........................................................................................... $ State general fund/general purpose.............................................................................................. $ (4) LEGISLATIVE RETIREMENT SYSTEM General nonretirement expenses................................................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Court fees..................................................................................................................................... State general fund/general purpose.............................................................................................. $ (5) PROPERTY MANAGEMENT Cora Anderson building............................................................................................................... $ Farnum building and other properties.......................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ (6) STATE CAPITOL HISTORIC SITE General operations........................................................................................................................ $ Restoration, renewal and maintenance......................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Capitol historic site fund.............................................................................................................. State general fund/general purpose.............................................................................................. $ (7) OFFICE OF THE AUDITOR GENERAL Unclassified positions................................................................................................................... $ Field operations............................................................................................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG from MDHHS, human services............................................................................................ IDG from MDOT, comprehensive transportation fund................................................................ IDG from MDOT, Michigan transportation fund......................................................................... IDG from MDOT, state aeronautics fund..................................................................................... IDG from MDOT, state trunkline fund........................................................................................ IDG, single audit act.................................................................................................................... IDG, commercial mobile radio system emergency telephone fund............................................. IDG, contract audit administration fees....................................................................................... IDG, deferred compensation funds............................................................................................... IDG, Michigan finance authority................................................................................................. IDG, Michigan economic development corporation..................................................................... IDG, Michigan education trust fund............................................................................................ IDG, Michigan justice training commission fund........................................................................ IDG, Michigan strategic fund....................................................................................................... IDG, office of retirement services................................................................................................ IDG, other restricted funding sources.......................................................................................... Special revenue funds: 21st century jobs fund.................................................................................................................. Brownfield development fund...................................................................................................... Clean Michigan initiative implementation bond fund.................................................................. Game and fish protection fund..................................................................................................... Legislative retirement system....................................................................................................... MDTMB, civil service commission............................................................................................. MDLARA, liquor purchase revolving fund.................................................................................. Michigan state housing development authority fees.................................................................... [No. 52 For Fiscal Year Ending Sept. 30, 2016 400,000 13,704,000 4,865,500 4,865,500 1,132,000 3,733,500 11,040,300 2,755,400 13,795,700 13,795,700 4,124,800 3,060,000 7,184,800 3,060,000 4,124,800 329,400 22,511,100 22,840,500 30,000 38,200 309,600 29,700 719,100 2,856,000 36,100 40,600 53,300 324,300 94,400 69,400 40,100 165,800 214,100 372,100 94,400 27,600 53,400 30,700 28,600 162,900 28,100 111,300 No. 52] [June 3, 2015] JOURNAL OF THE SENATE 889 For Fiscal Year Ending Sept. 30, 2016 Michigan veterans’ trust fund...................................................................................................... $ 34,800 Motor transport revolving fund.................................................................................................... 7,300 Office services revolving fund..................................................................................................... 9,800 State disbursement unit, office of child support........................................................................... 56,300 State services fee fund.................................................................................................................. 1,331,300 Waterways fund............................................................................................................................ 11,100 State general fund/general purpose.............................................................................................. $ 15,460,100 Sec. 106. DEPARTMENT OF STATE (1) APPROPRIATION SUMMARY Full-time equated unclassified positions............................................................................. 6.0 Full-time equated classified positions.......................................................................... 1,587.0 GROSS APPROPRIATION.......................................................................................................... $ 225,256,700 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 20,000,000 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 205,256,700 Federal revenues: Total federal revenues................................................................................................................... 1,460,000 Special revenue funds: Total local revenues...................................................................................................................... 0 Total private revenues................................................................................................................... 100 Total other state restricted revenues............................................................................................. 186,635,100 State general fund/general purpose.............................................................................................. $ 17,161,500 State general fund/general purpose schedule: Ongoing state general fund/general purpose.......................................................... 17,161,500 One-time state general fund/general purpose......................................................................... 0 (2) EXECUTIVE DIRECTION Full-time equated classified positions............................................................................... 30.0 Secretary of state.......................................................................................................................... $ 112,500 Unclassified positions—5.0 FTE positions.................................................................................. 613,500 Operations—30.0 FTE positions.................................................................................................. 4,547,100 GROSS APPROPRIATION.......................................................................................................... $ 5,273,100 Appropriated from: Special revenue funds: Auto repair facilities fees............................................................................................................. 68,700 Children’s protection registry fund............................................................................................... 270,700 Driver fees.................................................................................................................................... 276,000 Enhanced driver license and enhanced official state personal identification card fund............... 211,400 Expedient service fees.................................................................................................................. 66,300 Parking ticket court fines.............................................................................................................. 9,200 Personal identification card fees.................................................................................................. 32,100 Reinstatement fees - operator licenses......................................................................................... 248,900 Transportation administration collection fund.............................................................................. 2,488,800 Vehicle theft prevention fees........................................................................................................ 40,400 State general fund/general purpose.............................................................................................. $ 1,560,600 (3) DEPARTMENT SERVICES Full-time equated classified positions............................................................................. 156.0 Operations—156.0 FTE positions................................................................................................ $ 29,562,200 GROSS APPROPRIATION.......................................................................................................... $ 29,562,200 Appropriated from: Special revenue funds: Abandoned vehicle fees................................................................................................................ 481,100 Auto repair facilities fees............................................................................................................. 1,605,800 Driver fees.................................................................................................................................... 1,575,900 Driver improvement course fund.................................................................................................. 308,600 Enhanced driver license and enhanced official state personal identification card fund............... 545,200 Expedient service fees.................................................................................................................. 273,600 890 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 For Fiscal Year Ending Sept. 30, 2016 Marine safety fund....................................................................................................................... $ 84,200 Personal identification card fees.................................................................................................. 191,300 Reinstatement fees - operator licenses......................................................................................... 1,287,700 Scrap tire fund.............................................................................................................................. 77,200 Transportation administration collection fund.............................................................................. 21,437,500 Vehicle theft prevention fees........................................................................................................ 628,800 State general fund/general purpose.............................................................................................. $ 1,065,300 (4) LEGAL SERVICES Full-time equated classified positions............................................................................... 39.0 Operations—39.0 FTE positions.................................................................................................. $ 8,983,000 GROSS APPROPRIATION.......................................................................................................... $ 8,983,000 Appropriated from: Special revenue funds: Auto repair facilities fees............................................................................................................. 1,444,200 Driver education provider and instructor fund............................................................................. 25,400 Driver fees.................................................................................................................................... 931,700 Driver responsibility fees............................................................................................................. 1,000,000 Enhanced driver license and enhanced official state personal identification card fund............... 90,500 Personal identification card fees.................................................................................................. 60,800 Reinstatement fees - operator licenses......................................................................................... 713,900 Transportation administration collection fund.............................................................................. 4,240,900 Vehicle theft prevention fees........................................................................................................ 463,800 State general fund/general purpose.............................................................................................. $ 11,800 (5) CUSTOMER DELIVERY SERVICES Full-time equated classified positions.......................................................................... 1,317.0 Branch operations—922.0 FTE positions..................................................................................... $ 83,462,100 Central operations—376.0 FTE positions.................................................................................... 47,916,300 Commemorative license plates—14.0 FTE positions................................................................... 1,897,300 Motorcycle safety education administration—2.0 FTE positions................................................ 329,200 Motorcycle safety education grants.............................................................................................. 1,800,000 Credit and debit assessment services........................................................................................... 6,000,000 Specialty license plates—3.0 FTE positions................................................................................ 750,000 Organ donor program................................................................................................................... 129,100 GROSS APPROPRIATION.......................................................................................................... $ 142,284,000 Appropriated from: Interdepartmental grant revenues: IDG from MDOT, Michigan transportation fund......................................................................... 20,000,000 Federal revenues: Federal funds................................................................................................................................ 1,460,000 Special revenue funds: Private funds................................................................................................................................. 100 Abandoned vehicle fees................................................................................................................ 204,500 Auto repair facilities fees............................................................................................................. 1,731,600 Child support clearance fees........................................................................................................ 363,600 Credit and debit assessment service fees..................................................................................... 6,000,000 Driver education provider and instructor fund............................................................................. 49,600 Driver fees.................................................................................................................................... 25,772,300 Driver improvement course fund.................................................................................................. 1,246,200 Enhanced driver license and enhanced official state personal identification card fund............... 7,679,100 Expedient service fees.................................................................................................................. 2,603,600 Marine safety fund....................................................................................................................... 1,392,300 Michigan state police auto theft fund........................................................................................... 123,700 Mobile home commission fees..................................................................................................... 507,500 Motorcycle safety fund................................................................................................................. 1,829,200 Off-road vehicle title fees............................................................................................................. 167,000 Parking ticket court fines.............................................................................................................. 1,629,800 No. 52] [June 3, 2015] JOURNAL OF THE SENATE 891 For Fiscal Year Ending Sept. 30, 2016 Personal identification card fees.................................................................................................. $ 2,274,700 Recreation passport fee................................................................................................................ 1,000,000 Reinstatement fees - operator licenses......................................................................................... 2,358,000 Snowmobile registration fee revenue........................................................................................... 390,000 Thomas Daley gift of life fund.................................................................................................... 50,000 Transportation administration collection fund.............................................................................. 59,296,800 Vehicle theft prevention fees........................................................................................................ 742,200 State general fund/general purpose.............................................................................................. $ 3,412,200 (6) ELECTION REGULATION Full-time equated classified positions............................................................................... 45.0 Election administration and services—45.0 FTE positions.......................................................... $ 7,062,200 County clerk education and training fund.................................................................................... 100,000 Fees to local units........................................................................................................................ 109,800 GROSS APPROPRIATION.......................................................................................................... $ 7,272,000 Appropriated from: Special revenue funds: Notary education and training fund.............................................................................................. 100,000 Notary fee fund............................................................................................................................ 343,500 State general fund/general purpose.............................................................................................. $ 6,828,500 (7) DEPARTMENTWIDE APPROPRIATIONS Building occupancy charges/rent.................................................................................................. $ 9,540,700 Worker’s compensation................................................................................................................. 396,400 GROSS APPROPRIATION.......................................................................................................... $ 9,937,100 Appropriated from: Special revenue funds: Auto repair facilities fees............................................................................................................. 133,200 Driver fees.................................................................................................................................... 727,400 Enhanced driver license and enhanced official state personal identification card fund............... 26,000 Parking ticket court fines.............................................................................................................. 441,500 Transportation administration collection fund.............................................................................. 5,890,500 State general fund/general purpose.............................................................................................. $ 2,718,500 (8) INFORMATION TECHNOLOGY Information technology services and projects.............................................................................. $ 21,945,300 GROSS APPROPRIATION.......................................................................................................... $ 21,945,300 Appropriated from: Special revenue funds: Administrative order processing fee............................................................................................. 11,700 Auto repair facilities fees............................................................................................................. 190,000 Driver fees.................................................................................................................................... 787,400 Enhanced driver license and enhanced official state personal identification card fund............... 269,500 Expedient service fees.................................................................................................................. 1,085,100 Parking ticket court fines.............................................................................................................. 87,600 Personal identification card fees.................................................................................................. 171,700 Reinstatement fees - operator licenses......................................................................................... 592,300 Transportation administration collection fund.............................................................................. 17,004,400 Vehicle theft prevention fees........................................................................................................ 181,000 State general fund/general purpose.............................................................................................. $ 1,564,600 Sec. 107. DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET (1) APPROPRIATION SUMMARY Full-time equated unclassified positions............................................................................. 6.0 Full-time equated classified positions.......................................................................... 2,844.0 GROSS APPROPRIATION.......................................................................................................... $ 1,263,223,700 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 678,478,500 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 584,745,200 892 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 For Fiscal Year Ending Sept. 30, 2016 Federal revenues: Total federal revenues................................................................................................................... $ 7,997,300 Special revenue funds: Total local revenues...................................................................................................................... 3,587,700 Total private revenues................................................................................................................... 190,100 Total other state restricted revenues............................................................................................. 95,771,900 State general fund/general purpose.............................................................................................. $ 477,198,200 State general fund/general purpose schedule: Ongoing state general fund/general purpose.........................................................472,593,200 One-time state general fund/general purpose........................................................... 4,605,000 (2) EXECUTIVE DIRECTION Full-time equated unclassified positions............................................................................. 6.0 Full-time equated classified positions............................................................................... 12.0 Unclassified positions—6.0 FTE positions.................................................................................. $ 977,000 Executive operations—12.0 FTE positions.................................................................................. 2,316,500 GROSS APPROPRIATION.......................................................................................................... $ 3,293,500 Appropriated from: Interdepartmental grant revenues: IDG from building occupancy and parking charges..................................................................... 218,900 IDG from technology user fees.................................................................................................... 1,965,500 Special revenue funds: Special revenue, internal service, and pension trust funds........................................................... 292,900 State general fund/general purpose.............................................................................................. $ 816,200 (3) DEPARTMENT SERVICES Full-time equated classified positions............................................................................. 714.5 Administrative services—132.5 FTE positions............................................................................ $ 17,362,900 Budget and financial management—135.0 FTE positions........................................................... 17,620,800 Office of the state employer—23.0 FTE positions....................................................................... 3,362,400 Design and construction services—40.0 FTE positions............................................................... 6,375,600 Business support services—97.0 FTE positions........................................................................... 11,276,700 Building operation services—210.0 FTE positions...................................................................... 91,946,300 Building occupancy charges, rent, and utilities............................................................................ 7,627,000 Motor vehicle fleet—35.0 FTE positions..................................................................................... 74,181,300 Information technology services and projects.............................................................................. 29,613,800 Bureau of labor market information and strategies—42.0 FTE positions.................................... 5,376,400 GROSS APPROPRIATION.......................................................................................................... $ 264,743,200 Appropriated from: Interdepartmental grant revenues: IDG from accounting service centers user charges...................................................................... 2,671,400 IDG from building occupancy and parking charges..................................................................... 94,034,600 IDG from MDLARA.................................................................................................................... 100,000 IDG from motor transport fund.................................................................................................... 74,181,300 IDG from MDHHS, community health........................................................................................ 481,900 IDG from MDHHS, human services............................................................................................ 212,600 IDG from user fees....................................................................................................................... 6,695,100 IDG from technology user fees.................................................................................................... 7,429,200 Federal revenues: Federal funds................................................................................................................................ 4,934,700 Special revenue funds: Local - MPSCS subscriber and maintenance fees........................................................................ 60,100 Deferred compensation................................................................................................................. 2,600 Health management funds............................................................................................................ 2,219,200 MAIN user charges...................................................................................................................... 4,434,900 Pension trust funds....................................................................................................................... 7,413,800 Special revenue, internal service, and pension trust funds........................................................... 17,115,100 State restricted indirect funds....................................................................................................... 3,392,200 State general fund/general purpose.............................................................................................. $ 39,364,500 No. 52] [June 3, 2015] JOURNAL OF THE SENATE (4) TECHNOLOGY SERVICES Full-time equated classified positions.......................................................................... 1,479.5 Education services—29.0 FTE positions...................................................................................... $ Health and human services—617.5 FTE positions...................................................................... Public protection—154.5 FTE positions...................................................................................... Resources services—146.5 FTE positions................................................................................... Transportation services—89.5 FTE positions............................................................................... General services—329.5 FTE positions....................................................................................... Enterprisewide information technology investment projects........................................................ General government and public safety information technology investment projects................... Health and human services information technology investment projects.................................... MAIN system replacement information technology investment projects..................................... Cyber security information technology investment projects........................................................ Homeland security initiative/cyber security—13.0 FTE positions............................................... Michigan public safety communications system—100.0 FTE positions...................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG from technology user fees.................................................................................................... Special revenue funds: Local - MPSCS subscriber and maintenance fees........................................................................ State general fund/general purpose.............................................................................................. $ (5) STATEWIDE APPROPRIATIONS Professional development fund - MPE, SEIU, scientific and engineering unit........................... $ Professional development fund - NEREs..................................................................................... Professional development fund - UAW........................................................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG from employer contributions................................................................................................ State general fund/general purpose.............................................................................................. $ (6) SPECIAL PROGRAMS Full-time equated classified positions............................................................................. 192.0 Building occupancy charges - property management services for executive/legislative building occupancy................................................................................................................................. $ Retirement services—162.0 FTE positions.................................................................................. Office of children’s ombudsman—14.0 FTE positions................................................................ Public private partnership............................................................................................................. Regional prosperity grants............................................................................................................ Office of urban initiatives—5.0 FTE positions............................................................................ School reform office operations—11.0 FTE positions................................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Deferred compensation................................................................................................................. Pension trust funds....................................................................................................................... Public private partnership investment fund.................................................................................. State general fund/general purpose.............................................................................................. $ (7) STATE BUILDING AUTHORITY RENT State building authority rent - state agencies............................................................................... $ State building authority rent - department of corrections............................................................ State building authority rent - universities................................................................................... State building authority rent - community colleges..................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ 893 For Fiscal Year Ending Sept. 30, 2016 4,100,200 282,038,800 51,772,600 19,694,900 30,831,400 93,717,000 11,672,400 13,683,400 5,033,900 32,610,300 2,000,000 9,063,500 39,842,400 596,060,800 482,154,900 2,209,900 111,696,000 150,000 250,000 702,600 1,102,600 1,102,600 0 1,096,700 27,209,000 1,767,300 1,500,000 2,500,000 2,500,000 2,280,900 38,853,900 2,800,000 19,164,200 1,500,000 15,389,700 52,265,800 36,829,900 135,995,300 29,479,600 254,570,600 254,570,600 894 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 For Fiscal Year Ending Sept. 30, 2016 (8) CIVIL SERVICE COMMISSION Full-time equated classified positions............................................................................. 446.0 Agency services—74.0 FTE positions......................................................................................... $ 11,975,900 Executive direction—40.0 FTE positions..................................................................................... 9,778,700 Employee benefits—16.0 FTE positions...................................................................................... 5,667,300 Training........................................................................................................................................ 1,300,000 Human resources operations—316.0 FTE positions.................................................................... 35,878,600 Information technology services and projects.............................................................................. 3,293,600 GROSS APPROPRIATION.......................................................................................................... $ 67,894,100 Appropriated from: Interdepartmental grant revenues: IDG, training charges................................................................................................................... 1,300,000 IDG, 1% special funds................................................................................................................. 3,330,500 Federal revenues: Federal funds 1%.......................................................................................................................... 3,062,600 Special revenue funds: Local funds 1%............................................................................................................................ 1,317,700 Private funds 1%.......................................................................................................................... 190,100 State restricted funds 1%.............................................................................................................. 21,197,900 State restricted indirect funds....................................................................................................... 7,681,300 State sponsored group insurance.................................................................................................. 2,737,200 State sponsored group insurance, flexible spending accounts and COBRA................................ 5,820,600 State general fund/general purpose.............................................................................................. $ 21,256,200 (9) CAPITAL OUTLAY Major special maintenance, remodeling, and additions for state agencies.................................. $ 2,000,000 Enterprisewide special maintenance for state facilities................................................................ 29,500,000 GROSS APPROPRIATION.......................................................................................................... $ 31,500,000 Appropriated from: Interdepartmental grant revenues: IDG from building occupancy charges......................................................................................... 2,000,000 State general fund/general purpose.............................................................................................. $ 29,500,000 (10) ONE-TIME BASIS ONLY APPROPRIATIONS Legal services............................................................................................................................... $ 1,000,000 Technology services funding........................................................................................................ 600,000 Treasury - technology services..................................................................................................... 3,000,000 Cost study of 2014 PA 555.......................................................................................................... 500,000 Special projects............................................................................................................................ 105,000 GROSS APPROPRIATION.......................................................................................................... $ 5,205,000 Appropriated from: Interdepartmental grant revenues: Interdepartmental grant revenues................................................................................................. 600,000 State general fund/general purpose.............................................................................................. $ 4,605,000 Sec. 108. DEPARTMENT OF TREASURY (1) APPROPRIATION SUMMARY Full-time equated unclassified positions........................................................................... 10.0 Full-time equated classified positions.......................................................................... 1,901.5 GROSS APPROPRIATION.......................................................................................................... $ 1,945,052,200 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 9,500,700 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 1,935,551,500 Federal revenues: Total federal revenue.................................................................................................................... 39,661,500 Special revenue funds: Total local revenues...................................................................................................................... 9,029,700 Total private revenues................................................................................................................... 25,400 Total other state restricted revenues............................................................................................. 1,606,455,600 State general fund/general purpose.............................................................................................. $ 280,379,300 No. 52] [June 3, 2015] JOURNAL OF THE SENATE 895 For Fiscal Year Ending Sept. 30, 2016 State general fund/general purpose schedule: Ongoing state general fund/general purpose.........................................................250,479,300 One-time state general fund/general purpose......................................................... 29,900,000 (2) EXECUTIVE DIRECTION Full-time equated unclassified positions........................................................................... 10.0 Full-time equated classified positions............................................................................... 24.0 Unclassified positions—10.0 FTE positions................................................................................ $ 971,200 Executive direction and operations—24.0 FTE positions............................................................ 4,863,900 GROSS APPROPRIATION.......................................................................................................... $ 5,835,100 Appropriated from: Federal revenues: DED-OPSE, federal lenders allowance........................................................................................ 20,000 DED-OPSE, higher education act of 1965, insured loans........................................................... 45,000 Special revenue funds: Delinquent tax collection revenue................................................................................................ 1,318,200 State lottery fund.......................................................................................................................... 282,500 State services fee fund.................................................................................................................. 321,000 State general fund/general purpose.............................................................................................. $ 3,848,400 (3) LOCAL GOVERNMENT PROGRAMS Full-time equated classified positions............................................................................. 113.0 Supervision of the general property tax law—88.0 FTE positions.............................................. $ 14,899,500 Property tax assessor training—4.0 FTE positions...................................................................... 1,031,100 Local finance—21.0 FTE positions.............................................................................................. 2,565,100 GROSS APPROPRIATION.......................................................................................................... $ 18,495,700 Appropriated from: Special revenue funds: Local - assessor training fees....................................................................................................... 1,031,100 Local - audit charges.................................................................................................................... 808,600 Local - equalization study chargebacks........................................................................................ 40,000 Local - revenue from local government....................................................................................... 100,000 Delinquent tax collection revenue................................................................................................ 1,493,200 Land reutilization fund................................................................................................................. 1,996,200 Municipal finance fees................................................................................................................. 533,600 State general fund/general purpose.............................................................................................. $ 12,493,000 (4) DEPARTMENTWIDE APPROPRIATIONS Rent and building occupancy charges - property management services...................................... $ 5,937,600 Worker’s compensation insurance premium................................................................................. 36,500 GROSS APPROPRIATION.......................................................................................................... $ 5,974,100 Appropriated from: Special revenue funds: Delinquent tax collection revenue................................................................................................ 2,848,200 State general fund/general purpose.............................................................................................. $ 3,125,900 (5) TAX PROGRAMS Full-time equated classified positions............................................................................. 793.0 Tax compliance—345.0 FTE positions........................................................................................ $ 44,826,700 Tax and economic policy—85.0 FTE positions........................................................................... 13,442,900 Tax processing—335.0 FTE positions.......................................................................................... 36,880,300 Health insurance claims fund—15.0 FTE positions..................................................................... 2,029,200 Home heating assistance.............................................................................................................. 3,019,000 Bottle act implementation............................................................................................................ 250,000 Tobacco tax enforcement—13.0 FTE positions........................................................................... 1,475,600 GROSS APPROPRIATION.......................................................................................................... $ 101,923,700 Appropriated from: Interdepartmental grant revenues: IDG from MDOT, Michigan transportation fund......................................................................... 2,300,000 IDG from MDOT, state aeronautics fund..................................................................................... 70,900 896 JOURNAL OF THE SENATE [June 3, 2015] Federal revenues: HHS-SSA, low-income energy assistance.................................................................................... $ Special revenue funds: Bottle deposit fund....................................................................................................................... Delinquent tax collection revenue................................................................................................ Emergency 911 fund..................................................................................................................... Health insurance claims assessment fund.................................................................................... Tobacco tax revenue..................................................................................................................... Waterways fund............................................................................................................................ State general fund/general purpose.............................................................................................. $ (6) FINANCIAL AND ADMINISTRATIVE SERVICES Full-time equated classified positions............................................................................. 383.0 Departmental services—89.0 FTE positions................................................................................ $ Unclaimed property—29.0 FTE positions.................................................................................... Office of collections—203.0 FTE positions................................................................................. Office of accounting services—24.0 FTE positions..................................................................... Office of financial services—38.0 FTE positions........................................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG from accounting service center user charges....................................................................... IDG from MDHHS, title IV-D..................................................................................................... IDG, levy/warrant cost assessment fees....................................................................................... IDG, state agency collection fees................................................................................................. IDG, data/collection services fees................................................................................................ Special revenue funds: Delinquent tax collection revenue................................................................................................ Escheats revenue........................................................................................................................... Garnishment fees.......................................................................................................................... Justice system fund...................................................................................................................... State restricted indirect funds....................................................................................................... Treasury fees................................................................................................................................ State general fund/general purpose.............................................................................................. $ (7) FINANCIAL PROGRAMS Full-time equated classified positions............................................................................. 210.5 Investments—82.0 FTE positions................................................................................................. $ John R. Justice grant program...................................................................................................... Common cash and debt management—21.5 FTE positions......................................................... Dual enrollment payments............................................................................................................ Student financial assistance programs—25.5 FTE positions........................................................ Michigan finance authority - bond finance programs—72.5 FTE positions................................ Financial independence team—9.0 FTE positions....................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG, fiscal agent service fees...................................................................................................... Federal revenues: DED-OPSE, federal lenders allowance........................................................................................ DED-OPSE, higher education act of 1965, insured loans........................................................... Federal - John R. Justice grant..................................................................................................... Special revenue funds: Defined contribution administrative fee revenue.......................................................................... MFA, bond and loan program revenue......................................................................................... Michigan merit award trust fund.................................................................................................. Retirement funds.......................................................................................................................... School bond fees.......................................................................................................................... Treasury fees................................................................................................................................ State general fund/general purpose.............................................................................................. $ [No. 52 For Fiscal Year Ending Sept. 30, 2016 3,019,000 250,000 70,135,700 155,600 2,029,200 4,023,100 105,000 19,835,200 9,015,800 4,765,800 26,084,500 2,434,800 4,386,300 46,687,200 482,900 763,900 2,000,000 2,946,900 330,300 26,990,700 4,765,800 2,484,000 418,300 272,200 46,100 5,186,100 20,270,400 287,700 1,629,300 1,505,100 2,687,100 38,686,200 3,694,100 68,759,900 205,800 10,615,200 25,055,800 287,700 100,000 3,015,200 1,139,800 18,717,000 835,400 1,665,000 7,123,000 No. 52] [June 3, 2015] JOURNAL OF THE SENATE 897 For Fiscal Year Ending Sept. 30, 2016 (8) DEBT SERVICE Quality of life bond...................................................................................................................... $ 75,959,000 Clean Michigan initiative............................................................................................................. 63,961,000 Great Lakes water quality bond................................................................................................... 16,529,000 GROSS APPROPRIATION.......................................................................................................... $ 156,449,000 Appropriated from: Special revenue funds: State general fund/general purpose.............................................................................................. $ 156,449,000 (9) GRANTS Convention facility development distribution............................................................................... $ 90,950,000 Senior citizen cooperative housing tax exemption program......................................................... 10,520,000 Emergency 911 payments............................................................................................................. 27,000,000 Health and safety fund grants....................................................................................................... 9,000,000 Chaldean community foundation.................................................................................................. 250,000 Urban search and rescue taskforce............................................................................................... 300,000 GROSS APPROPRIATION.......................................................................................................... $ 138,020,000 Appropriated from: Special revenue funds: Emergency 911 fund..................................................................................................................... 27,000,000 Convention facility development fund.......................................................................................... 90,950,000 Health and safety fund................................................................................................................. 9,000,000 State general fund/general purpose.............................................................................................. $ 11,070,000 (10) BUREAU OF STATE LOTTERY Full-time equated classified positions............................................................................. 183.0 Lottery operations—183.0 FTE positions.................................................................................... $ 24,323,400 Lottery information technology services and projects................................................................. 5,205,500 GROSS APPROPRIATION.......................................................................................................... $ 29,528,900 Appropriated from: Special revenue funds: State lottery fund.......................................................................................................................... 29,528,900 State general fund/general purpose.............................................................................................. $ 0 (11) CASINO GAMING Full-time equated classified positions............................................................................. 141.0 Michigan gaming control board................................................................................................... $ 50,000 Casino gaming control administration—131.0 FTE positions..................................................... 25,750,800 Casino gaming information technology services and projects..................................................... 1,979,500 Racing commission—10.0 FTE positions.................................................................................... 1,677,300 GROSS APPROPRIATION.......................................................................................................... $ 29,457,600 Appropriated from: Special revenue funds: Casino gambling agreements........................................................................................................ 804,100 Equine development fund............................................................................................................. $ 1,800,000 Laboratory fees............................................................................................................................. 700,000 State services fee fund.................................................................................................................. 26,153,500 State general fund/general purpose.............................................................................................. $ 0 (12) PAYMENTS IN LIEU OF TAXES Commercial forest reserve............................................................................................................ $ 3,207,700 Purchased lands............................................................................................................................ 8,023,900 Swamp and tax reverted lands...................................................................................................... 14,862,500 GROSS APPROPRIATION.......................................................................................................... $ 26,094,100 Appropriated from: Special revenue funds: Private funds................................................................................................................................. 25,400 Game and fish protection fund..................................................................................................... 2,780,700 Michigan natural resources trust fund.......................................................................................... 1,909,100 Michigan state waterways fund.................................................................................................... 241,100 State general fund/general purpose.............................................................................................. $ 21,137,800 898 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 For Fiscal Year Ending Sept. 30, 2016 (13) REVENUE SHARING Constitutional state general revenue sharing grants..................................................................... $ 783,866,100 City, village, and township revenue sharing................................................................................. 243,040,000 County incentive program............................................................................................................ 42,940,000 County revenue sharing................................................................................................................ 171,760,000 Financially distressed cities, villages, or townships..................................................................... 5,000,000 GROSS APPROPRIATION.......................................................................................................... $ 1,246,606,100 Appropriated from: Sales tax....................................................................................................................................... 1,246,606,100 State general fund/general purpose.............................................................................................. $ 0 (14) STATE BUILDING AUTHORITY Full-time equated classified positions................................................................................. 4.0 State building authority—4.0 FTE positions................................................................................ $ 711,100 GROSS APPROPRIATION.......................................................................................................... $ 711,100 Appropriated from: Special revenue funds: State building authority revenue................................................................................................... 711,100 State general fund/general purpose.............................................................................................. $ 0 (15) CITY INCOME TAX ADMINISTRATION PROGRAM Full-time equated classified positions............................................................................... 50.0 City income tax administration—50.0 FTE positions.................................................................. $ 5,850,000 GROSS APPROPRIATION.......................................................................................................... $ 5,850,000 Appropriated from: Special revenue funds: Local - city income tax fund........................................................................................................ 5,850,000 State general fund/general purpose.............................................................................................. $ 0 (16) INFORMATION TECHNOLOGY Treasury operations information technology services and projects............................................. $ 28,959,700 GROSS APPROPRIATION.......................................................................................................... $ 28,959,700 Appropriated from: Interdepartmental grant revenues: IDG from MDOT, Michigan transportation fund......................................................................... 400,000 Federal revenues: DED-OPSE, federal lenders allowance........................................................................................ 618,800 Special revenue funds: Local - city income tax fund........................................................................................................ 1,200,000 Delinquent tax collection revenue................................................................................................ 15,644,900 Tobacco tax revenue..................................................................................................................... 127,500 Retirement funds.......................................................................................................................... 757,600 State general fund/general purpose.............................................................................................. $ 10,210,900 (17) ONE-TIME BASIS ONLY APPROPRIATIONS City, village, and township revenue sharing................................................................................. $ 5,800,000 Personal property tax reform........................................................................................................ 19,300,000 Online business portal.................................................................................................................. 600,000 Presidential primary..................................................................................................................... 10,000,000 GROSS APPROPRIATION.......................................................................................................... $ 35,700,000 Appropriated from: Special revenue funds: Sales tax....................................................................................................................................... 5,800,000 State general fund/general purpose.............................................................................................. $ 29,900,000 Sec. 109. DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT (1) APPROPRIATION SUMMARY Full-time equated unclassified positions............................................................................. 6.0 Full-time equated classified positions.......................................................................... 1,613.0 GROSS APPROPRIATION.......................................................................................................... $ 1,153,023,500 No. 52] [June 3, 2015] JOURNAL OF THE SENATE 899 For Fiscal Year Ending Sept. 30, 2016 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... $ 0 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 1,153,023,500 Federal revenues: Total federal revenues................................................................................................................... 764,102,800 Special revenue funds: Total local revenues...................................................................................................................... 4,433,500 Total private revenues................................................................................................................... 5,619,000 Total other state restricted revenues............................................................................................. 180,411,200 State general fund/general purpose.............................................................................................. $ 198,457,000 State general fund/general purpose schedule: Ongoing state general fund/general purpose.........................................................151,007,000 One-time state general fund/general purpose......................................................... 47,450,000 (2) EXECUTIVE DIRECTION Full-time equated unclassified positions............................................................................. 6.0 Full-time equated classified positions................................................................................. 1.0 Unclassified positions—6.0 FTE positions.................................................................................. $ 875,500 Executive direction and operations—1.0 FTE position................................................................ 795,700 GROSS APPROPRIATION.......................................................................................................... $ 1,671,200 Appropriated from: Federal revenues: DOL, federal funds....................................................................................................................... 247,600 DOL-ETA, unemployment insurance........................................................................................... 931,600 Special revenue funds: Michigan state housing development authority fees and charges................................................ 394,200 State general fund/general purpose.............................................................................................. $ 97,800 (3) MICHIGAN STRATEGIC FUND Full-time equated classified positions............................................................................. 172.0 Administrative services—34.0 FTE positions.............................................................................. $ 5,692,500 Job creation services—125.0 FTE positions................................................................................ 17,080,500 Pure Michigan.............................................................................................................................. 33,000,000 Entrepreneurship eco-system........................................................................................................ 21,400,000 Business attraction and community revitalization........................................................................ 96,700,000 Community ventures—7.0 FTE positions.................................................................................... 9,800,000 Michigan film office—6.0 FTE positions.................................................................................... 653,800 Community development block grants......................................................................................... 47,000,000 Arts and cultural program............................................................................................................ 10,150,000 Community college skilled trades equipment program................................................................ 4,600,000 Facility for rare isotope beams..................................................................................................... 7,300,000 GROSS APPROPRIATION.......................................................................................................... $ 253,376,800 Appropriated from: Federal revenues: DOL-ETA, unemployment insurance........................................................................................... 287,000 DOL, federal funds....................................................................................................................... 2,326,300 NFAH-NEA, promotion of the arts, partnership agreements....................................................... 1,050,000 HUD-CPD, community development block grant........................................................................ 49,773,300 Special revenue funds: Private - special project advances................................................................................................ 250,000 Private - Michigan council for the arts fund................................................................................ 100,000 Industry support fees.................................................................................................................... 5,500 Michigan film promotion fund..................................................................................................... 653,800 MSHDA fees and charges............................................................................................................ 52,300 21st century jobs trust fund.......................................................................................................... 75,000,000 State general fund/general purpose.............................................................................................. $ 123,878,600 (4) TALENT INVESTMENT AGENCY Full-time equated classified positions.......................................................................... 1,087.0 Executive direction—7.0 FTE positions....................................................................................... $ 1,157,400 900 JOURNAL OF THE SENATE [June 3, 2015] Workforce program administration—225.0 FTE positions.......................................................... $ Workforce development programs................................................................................................ Skilled trades training program.................................................................................................... Unemployment insurance agency—855.0 FTE positions............................................................. Information technology services and projects.............................................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: DOL-ETA unemployment insurance............................................................................................ DAG, employment and training.................................................................................................... DED-OESE, GEAR-UP................................................................................................................ DED-OVAE, adult education........................................................................................................ DED-OVAE, basic grants to states............................................................................................... DOL-ETA, workforce investment act........................................................................................... DOL, federal funds....................................................................................................................... Federal funds................................................................................................................................ Social security act, temporary assistance to needy families........................................................ Special revenue funds: Local revenues.............................................................................................................................. Private funds................................................................................................................................. Contingent fund, penalty and interest.......................................................................................... Default loan collection................................................................................................................. State general fund/general purpose.............................................................................................. $ (5) LAND BANK FAST TRACK AUTHORITY Full-time equated classified positions................................................................................. 6.0 Land bank fast track authority—6.0 FTE positions..................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Land bank fast track fund............................................................................................................ State general fund/general purpose.............................................................................................. $ (6) MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY Full-time equated classified positions............................................................................. 347.0 Payments on behalf of tenants..................................................................................................... $ Housing and rental assistance—347.0 FTE positions.................................................................. Lighthouse preservation program................................................................................................. Rent and administrative support................................................................................................... Michigan state housing development authority technology services and projects....................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: HUD, lower income housing assistance....................................................................................... Special revenue funds: Michigan state housing development authority fees and charges................................................ Michigan lighthouse preservation fund........................................................................................ State general fund/general purpose.............................................................................................. $ (7) ONE-TIME BASIS ONLY APPROPRIATIONS Film incentives............................................................................................................................. $ Business attraction and community revitalization........................................................................ Special grants............................................................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ [No. 52 For Fiscal Year Ending Sept. 30, 2016 33,074,300 391,196,400 25,600,000 139,604,900 22,363,000 612,996,000 140,045,800 3,499,400 4,730,700 20,000,000 19,000,000 173,988,600 109,523,500 5,940,200 64,898,800 4,433,500 5,269,000 38,436,100 149,800 23,080,600 5,247,800 5,247,800 1,000,000 297,800 3,950,000 166,860,000 57,709,600 307,500 3,847,900 3,556,700 232,281,700 166,860,000 65,114,200 307,500 0 25,000,000 17,300,000 5,150,000 47,450,000 47,450,000 No. 52] [June 3, 2015] JOURNAL OF THE SENATE PART 2 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2015-2016 901 GENERAL SECTIONS Sec. 201. (1) Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2015-2016 is $3,268,909,600.00 and state spending from state resources to be paid to local units of government for fiscal year 2015-2016 is $1,474,560,300.00. The itemized statement below identifies appropriations from which spending to local units of government will occur: DEPARTMENT OF STATE Fees to local units........................................................................................................................ $ 109,800 Motorcycle safety grants.............................................................................................................. 1,162,300 Subtotal......................................................................................................................................... $ 1,272,100 DEPARTMENT OF TREASURY Senior citizen cooperative housing tax exemption....................................................................... $ 10,520,000 Health and safety fund grants....................................................................................................... 9,000,000 Constitutional state general revenue sharing grants..................................................................... 783,866,100 City, village, and township revenue sharing................................................................................. 248,840,000 Convention facility development fund distribution...................................................................... 90,950,000 Emergency 9-1-1 payments.......................................................................................................... 24,700,000 Financially distressed cities, villages, or townships..................................................................... 5,000,000 County incentive program............................................................................................................ 42,940,000 County revenue sharing payments................................................................................................ 171,760,000 Airport parking distribution pursuant to section 909................................................................... 19,093,200 Payments in lieu of taxes............................................................................................................. 26,094,100 Personal property tax reform........................................................................................................ 19,300,000 Presidential primary..................................................................................................................... 10,000,000 Subtotal......................................................................................................................................... $ 1,462,063,400 DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT Welfare-to-work programs............................................................................................................ $ 11,224,800 Subtotal......................................................................................................................................... $ 11,224,800 TOTAL GENERAL GOVERNMENT.......................................................................................... $ 1,474,560,300 (2) Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources for fiscal year 2015-2016 is estimated at $29,942,670,500.00 in the 2015-2016 appropriations acts and total state spending from state sources paid to local units of government for fiscal year 2015-2016 is estimated at $16,692,508,200.00. The state-local proportion is estimated at 55.7% of total state spending from state resources. (3) If payments to local units of government and state spending from state sources for fiscal year 2015-2016 are different than the amounts estimated in subsection (2), the state budget director shall report the payments to local units of government and state spending from state sources that were made for fiscal year 2015-2016 to the senate and house of representatives standing committees on appropriations within 30 days after the final book-closing for fiscal year 2015‑2016. Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. Sec. 203. As used in this part and part 1: (a) “ATM” means automated teller machine. (b) “COBRA” means the consolidated omnibus budget reconciliation act of 1985, Public Law 99-272, 100 Stat 82. (c) “DAG” means the United States Department of Agriculture. (d) “DED” means the United States Department of Education. (e) “DED-OESE” means the DED Office of Elementary and Secondary Education. (f) “DED-OPSE” means the DED Office of Postsecondary Education. (g) “DED-OVAE” means the DED Office of Vocational and Adult Education. (h) “DOE-OEERE” means the United States Department of Energy, Office of Energy Efficiency and Renewable Energy. (i) “DOL” means the United States Department of Labor. (j) “DOL-ETA” means the United States Department of Labor, Employment and Training Administration. (k) “EEOC” means the United States Equal Employment Opportunity Commission. (l) “FTE” means full-time equated. (m) “Fund” means the Michigan strategic fund. (n) “GEAR-UP” means gaining early awareness and readiness for undergraduate programs. (o) “GED” means a general educational development certificate. (p) “GF/GP” means general fund/general purpose. 902 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (q) “HHS” means the United States Department of Health and Human Services. (r) “HHS-OS” means the HHS Office of the Secretary. (s) “HHS-SSA” means the HHS Social Security Administration. (t) “HUD” means the United States Department of Housing and Urban Development. (u) “HUD-CPD” means the United States Department of Housing and Urban Development - Community Planning and Development. (v) “IDG” means interdepartmental grant. (w) “JCOS” means the joint capital outlay subcommittee. (x) “MAIN” means the Michigan administrative information network. (y) “MCL” means the Michigan Compiled Laws. (z) “MDE” means the Michigan department of education. (aa) “MDLARA” means the Michigan department of licensing and regulatory affairs. (bb) “MDEQ” means the Michigan department of environmental quality. (cc) “MDHHS” means the Michigan department of health and human services. (dd) “MDMVA” means the Michigan department of military and veterans affairs. (ee) “MDOT” means the Michigan department of transportation. (ff) “MDSP” means the Michigan department of state police. (gg) “MDTMB” means the Michigan department of technology, management, and budget. (hh) “MEDC” means the Michigan economic development corporation, which is the public body corporate created under section 28 of article VII of the state constitution of 1963 and the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, by contractual interlocal agreement effective April 5, 1999, between local participating economic development corporations formed under the economic development corporations act, 1974 PA 338, MCL 125.1601 to 125.1636, and the Michigan strategic fund. (ii) “MFA” means the Michigan finance authority. (jj) “MPE” means the Michigan public employees. (kk) “MSF” means the Michigan strategic fund. (ll) “MSHDA” means the Michigan state housing development authority. (mm) “NERE” means nonexclusively represented employees. (nn) “NFAH-NEA” means the National Foundation of the Arts and the Humanities - National Endowment for the Arts. (oo) “PA” means public act. (pp) “PATH” means Partnership. Accountability. Training. Hope. (qq) “RFP” means a request for a proposal. (rr) “SEIU” means Service Employees International Union. (ss) “WDA” means the workforce development agency. (tt) “WIC” means women, infants, and children. Sec. 206. The departments and agencies receiving appropriations in part 1 shall cooperate with the department of technology, management, and budget to maintain a searchable website that is updated at least quarterly and that is accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency: (a) Fiscal year-to-date expenditures by category. (b) Fiscal year-to-date expenditures by appropriation unit. (c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description. (d) The number of active department employees by job classification. (e) Job specifications and wage rates. Sec. 207. In addition to the metrics required under section 447 of the management and budget act, 1984 PA 431, MCL 18.1447, for each new program or program enhancement for which funds in excess of $500,000.00 are appropriated in part 1, the department shall provide not later than November 1, 2015 a list of program-specific metrics intended to measure its performance based on a return on taxpayer investment. The department shall deliver the program-specific metrics to members of the senate and house subcommittees that have subject matter jurisdiction for this budget, fiscal agencies, and the state budget director. The department shall provide an update on its progress in tracking programspecific metrics and the status of program success at an appropriations subcommittee meeting called for by the subcommittee chair. Sec. 208. The departments and agencies receiving appropriations in part 1 shall use the Internet to fulfill the reporting requirements of this part. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an Internet or Intranet site. Sec. 209. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference should be given to goods or services, or both, that are manufactured No. 52] [June 3, 2015] JOURNAL OF THE SENATE 903 or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality. Sec. 210. The director of each department and agency receiving appropriations in part 1 shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. Each director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both. Sec. 211. (1) Pursuant to section 352 of the management and budget act, 1984 PA 431, MCL 18.1352, which provides for a transfer of state general fund revenue into or out of the countercyclical budget and economic stabilization fund, the calculations required by section 352 of the management and budget act, 1984 PA 431, MCL 18.1352, are determined as follows: 2014 2015 2016 Michigan personal income (millions).......................................................... $401,901 $420,388 $438,886 less: transfer payments....................................................................... 87,481 92,555 96,998 Subtotal.............................................................................................. $314,420 $327,833 $341,888 Divided by: Detroit Consumer Price Index for 12 months ending June 30... 2.210 2.206 2.230 Equals: real adjusted Michigan personal income........................................ $142,247 $148,583 $153,343 Percentage change....................................................................................... N/A 4.5% 3.2% Growth rate in excess of 2%?..................................................................... N/A 2.5% 1.2% Equals: countercyclical budget and economic stabilization fund pay-in calculation for the fiscal year ending September 30, 2016 (millions)............................................................................................ N/A $243.1 N/A Growth rate less than 0%?.......................................................................... N/A NO NO Equals: countercyclical budget and economic stabilization fund pay-out calculation for the fiscal year ending September 30, 2016 (millions)............................................................................................ N/A N/A $0.0 (2) Notwithstanding subsection (1), there is appropriated for the fiscal year ending September 30, 2016, from GF/GP revenue for deposit into the countercyclical budget and economic stabilization fund the sum of $95,000,000.00. Sec. 212. The departments and agencies receiving appropriations in part 1 shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall be followed. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines. Sec. 213. Funds appropriated in part 1 shall not be used by this state, a department, an agency, or an authority of this state to purchase an ownership interest in a casino enterprise or a gambling operation as those terms are defined in the Michigan gaming control and revenue act, 1996 IL 1, MCL 432.201 to 432.226. Sec. 215. A department or state agency shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff. Sec. 216. The departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the house and senate standing committees on appropriations, the house and senate fiscal agencies, and the state budget director. The report shall include the following information: (a) The dates of each travel occurrence. (b) The total transportation and related costs of each travel occurrence, including the proportion funded with state GF/GP revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues. Sec. 219. The departments and agencies receiving appropriations in part 1 shall maintain, on a publicly accessible website, a department or agency scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department’s or agency’s performance. Sec. 221. Each department and agency shall report no later than April 1 on each specific policy change made to implement a public act affecting the department that took effect during the prior calendar year to the senate and house of representatives standing committees on appropriations subcommittees on general government, the joint committee on administrative rules, and the senate and house fiscal agencies. Sec. 226. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those activities that the attorney general authorizes. Sec. 227. Within 14 days after the release of the executive budget recommendation, the departments and agencies receiving appropriations in part 1 shall cooperate with the state budget director to provide the chairs of the senate and house of representatives standing committees on appropriations, the chairs of the senate and house of representatives 904 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 standing committees on appropriations subcommittees on general government, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2015 and September 30, 2016. Sec. 228. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total GF/GP appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end GF/GP appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies. Sec. 229. If the office of the auditor general has identified an initiative or made a recommendation that is related to savings and efficiencies in an audit report for an executive branch department or agency, the department or agency shall report within 6 months of the release of the audit on their efforts and progress made toward achieving the savings and efficiencies identified in the audit report. The report shall be submitted to the chairs of the senate and house of representatives standing committees on appropriations, the chairs of the senate and house of representatives standing committees with jurisdiction over matters relating to the department that is audited, and the senate and house fiscal agencies. Sec. 233. In addition to the GF/GP appropriations for special maintenance, remodeling, and addition - state facilities in part 1, there is also appropriated related federal and state restricted funds up to the amounts that will be earned based upon the initiatives undertaken with the funds in part 1. The state budget director shall determine and authorize the appropriate manner for implementing this section. Sec. 234. In addition to the GF/GP appropriations for enterprisewide information technology investments in part 1, there is also appropriated related federal and state restricted funds up to the amounts that will be earned based upon the initiatives undertaken with the funds in part 1. The state budget director shall determine and authorize the appropriate manner for implementing this section. Sec. 235. By April 1, the state budget director shall submit a report to the senate and house appropriations committees and the senate and house fiscal agencies. The report shall recommend a contingency plan for each federal funding source included in the state budget of $10,000,000.00 or more in the event that the federal government reduces funding to the state through that source by 10% or greater. DEPARTMENT OF ATTORNEY GENERAL Sec. 301. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,500,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,500,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 302. (1) The attorney general shall perform all legal services, including representation before courts and administrative agencies rendering legal opinions and providing legal advice to a principal executive department or state agency. A principal executive department or state agency shall not employ or enter into a contract with any other person for services described in this section. (2) The attorney general shall defend judges of all state courts if a claim is made or a civil action is commenced for injuries to persons or property caused by the judge through the performance of the judge’s duties while acting within the scope of his or her authority as a judge. (3) The attorney general shall perform the duties specified in 1846 RS 12, MCL 14.28 to 14.35, and 1919 PA 232, MCL 14.101 to 14.102, and as otherwise provided by law. Sec. 303. The attorney general may sell copies of the biennial report in excess of the 350 copies that the attorney general may distribute on a gratis basis. Gratis copies shall not be provided to members of the legislature. Electronic copies of biennial reports shall be made available on the department of attorney general’s website. The attorney general shall sell copies of the report at not less than the actual cost of the report and shall deposit the money received into the general fund. Sec. 304. The department of attorney general is responsible for the legal representation for state of Michigan state employee worker’s disability compensation cases. The risk management revolving fund revenue appropriation in part 1 is to be satisfied by billings from the department of attorney general for the actual costs of legal representation, including salaries and support costs. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 905 Sec. 305. In addition to the funds appropriated in part 1, not more than $400,000.00 shall be reimbursed per fiscal year for food stamp fraud cases heard by the third circuit court of Wayne County that were initiated by the department of attorney general pursuant to the existing contract between the department of human services, the Prosecuting Attorneys Association of Michigan, and the department of attorney general. The source of this funding is money earned by the department of attorney general under the agreement after the allowance for reimbursement to the department of attorney general for costs associated with the prosecution of food stamp fraud cases. It is recognized that the federal funds are earned by the department of attorney general for its documented progress on the prosecution of food stamp fraud cases according to the United States Department of Agriculture regulations and that, once earned by this state, the funds become state funds. Sec. 306. Any proceeds from a lawsuit initiated by or settlement agreement entered into on behalf of this state against a manufacturer of tobacco products by the attorney general are state funds and are subject to appropriation as provided by law. Sec. 307. (1) In addition to the antitrust revenues in part 1, antitrust, securities fraud, consumer protection or class action enforcement revenues, or attorney fees recovered by the department, not to exceed $250,000.00, are appropriated to the department for antitrust, securities fraud, and consumer protection or class action enforcement cases. (2) Any unexpended funds from antitrust, securities fraud, or consumer protection or class action enforcement revenues at the end of the fiscal year, including antitrust funds in part 1, may be carried forward for expenditure in the following fiscal year up to the maximum authorization of $250,000.00. Sec. 308. (1) In addition to the funds appropriated in part 1, there is appropriated up to $500,000.00 from litigation expense reimbursements awarded to the state. (2) The funds may be expended for the payment of court judgments, settlements, arbitration awards or other admin­istra­ tive and litigation decisions, attorney fees, and litigation costs, assessed against the office of the governor, the department of the attorney general, the governor, or the attorney general when acting in an official capacity as the named party in litigation against the state. The funds may also be expended for the payment of state costs incurred under section 16 of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.16. (3) Unexpended funds at the end of the fiscal year may be carried forward for expenditure in the following year, up to a maximum authorization of $500,000.00. Sec. 309. From the prisoner reimbursement funds appropriated in part 1, the department may spend up to $611,900.00 on activities related to the state correctional facility reimbursement act, 1935 PA 253, MCL 800.401 to 800.406. In addition to the funds appropriated in part 1, if the department collects in excess of $1,131,000.00 in gross annual prisoner reimbursement receipts provided to the general fund, the excess, up to a maximum of $1,000,000.00, is appropriated to the department of attorney general and may be spent on the representation of the department of corrections and its officers, employees, and agents, including, but not limited to, the defense of litigation against the state, its departments, officers, employees, or agents in civil actions filed by prisoners. Sec. 310. (1) For the purposes of providing title IV-D child support enforcement funding, the department of health and human services, as the state IV-D agency, shall maintain a cooperative agreement with the attorney general for federal IV-D funding to support the child support enforcement activities within the office of the attorney general. (2) The attorney general or his or her designee shall, to the extent allowable under federal law, have access to any information used by the state to locate parents who fail to pay court-ordered child support. Sec. 312. The department of attorney general shall not receive and expend funds in addition to those authorized in part 1 for legal services provided specifically to other state departments or agencies except for costs for expert witnesses, court costs, or other nonsalary litigation expenses associated with a pending legal action. Sec. 315. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2016 are $17,778,100.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $10,007,000.00. Total agency appropriations for retiree health care legacy costs are estimated at $7,771,100.00. Sec. 316. (1) From the funds appropriated in part 1 for sexual assault law enforcement efforts, the department shall use the funds for testing of backlogged sexual assault kits across the state. The funding provided in part 1 shall be distributed in the following order of priority: (a) To eliminate all county sexual assault kit backlogs outside of Wayne County. (b) To assist local prosecutors with investigations and prosecutions of viable cases. (c) To provide victim services. (2) The department of attorney general shall provide a detailed work and spending plan outlining anticipated litigation action and expenditures resulting from findings of the sexual assault kit testing. The spending plan shall be transmitted to the state budget office, the senate and house fiscal agencies, and the senate and house of representatives standing committees on appropriations subcommittees on general government. The appropriation shall not be available for expenditure until the work plan is approved by the state budget director. The state budget office shall notify the senate and house of representatives standing committees on appropriations subcommittees on general government at least 15 days prior to release of the funds. 906 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 DEPARTMENT OF CIVIL RIGHTS Sec. 401. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $750,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 402. (1) In addition to the appropriations contained in part 1, the department of civil rights may receive and expend funds from local or private sources for all of the following purposes: (a) Developing and presenting training for employers on equal employment opportunity law and procedures. (b) The publication and sale of civil rights related informational material. (c) The provision of copy material made available under freedom of information requests. (d) Other copy fees, subpoena fees, and witness fees. (e) Developing, presenting, and participating in mediation processes for certain civil rights cases. (f) Workshops, seminars, and recognition or award programs consistent with the programmatic mission of the individual unit sponsoring or coordinating the programs. (g) Staffing costs for all activities included in this subsection. (2) The department of civil rights shall annually report to the state budget director, the senate and house of representa­ tives standing committees on appropriations, and the senate and house fiscal agencies the amount of funds received and expended for purposes authorized under this section. Sec. 403. The department of civil rights may contract with local units of government to review equal employment opportunity compliance of potential contractors and may charge for and expend amounts received from local units of government for the purpose of developing and providing these contractual services. Sec. 404. (1) The department of civil rights shall prepare and transmit a detailed report that includes, but is not limited to, the following information for the most recent fiscal year: (a) A detailed description of the department operations. (b) A detailed description of all subunits within the department, including FTE positions associated with each subunit, responsibilities of each subunit, and all revenues and expenditures for each subunit. (c) The number of complaints by type of complaint. (d) The average cost of, and time expended, investigating complaints. (e) The percentage of complaints that are meritorious and worthy of investigation or settlement and the percentage of complaints that have no merit. (f) A listing of amounts awarded to claimants. (g) Expenditures associated with complaint investigation and enforcement. (h) A listing of complaint investigations closed per FTE position for each of the past 5 years. (i) A listing of complaint evaluations completed per FTE position for each of the past 5 years. (j) Productivity projections for the current fiscal year, including investigations closed per FTE, complaint evaluations completed per FTE, and average time expended investigating complaints. (2) The report required under subsection (1) shall be posted online and transmitted electronically not later than November 30 to the state budget director, the chairpersons of the senate and house of representatives standing committees on appropriations, the senate and house appropriations subcommittees on general government, and the senate and house fiscal agencies. Sec. 405. The department of civil rights shall notify the office of the state budget, senate and house of representatives standing committees on appropriations, and senate and house fiscal agencies prior to submitting a report or complaint to the United States Commission on Civil Rights or other federal departments. Sec. 410. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2016 are $2,997,500.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $1,701,400.00. Total agency appropriations for retiree health care legacy costs are estimated at $1,296,100.00. LEGISLATURE Sec. 600. The senate, the house of representatives, or an agency within the legislative branch may receive, expend, and transfer funds in addition to those authorized in part 1. Sec. 601. (1) Funds appropriated in part 1 to an entity within the legislative branch shall not be expended or transferred to another account without written approval of the authorized agent of the legislative entity. If the authorized agent of the legislative entity notifies the state budget director of its approval of an expenditure or transfer before the year-end bookclosing date for that legislative entity, the state budget director shall immediately make the expenditure or transfer. The authorized legislative entity agency shall be designated by the speaker of the house of representatives for house entities, the senate majority leader for senate entities, and the legislative council for legislative council entities. (2) Funds appropriated within the legislative branch, to a legislative council component, shall not be expended by any agency or other subgroup included in that component without the approval of the legislative council. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 907 Sec. 602. The senate may charge rent and assess charges for utility costs. The amounts received for rent charges and utility assessments are appropriated to the senate for the renovation, operation, and maintenance of the Farnum Building and other properties. Sec. 603. The appropriation contained in part 1 for national association dues is to be distributed by the legislative council. Sec. 604. (1) The appropriation in part 1 to the Michigan state capitol historic site includes funds to operate the legislative parking facilities in the capitol area. The Michigan state capitol commission shall establish rules regarding the operation of the legislative parking facilities. (2) The Michigan state capitol commission shall collect a fee from state employees and the general public using certain legislative parking facilities. The revenues received from the parking fees shall be allocated by the Michigan state capitol commission. Sec. 605. The appropriation in part 1 to the legislative council for publication of the Michigan manual is a work project account. The unexpended portion remaining on September 30 shall not lapse and shall be carried forward into the subsequent fiscal year for use in paying the associated biennial costs of publication of the Michigan manual. Sec. 606. The appropriations in part 1 to the legislative branch, for property management, shall be used to purchase equipment and services for building maintenance in order to ensure a safe and productive work environment. These funds are designated as work project appropriations and shall not lapse at the end of the fiscal year, and shall continue to be available for expenditure until the project has been completed. The total cost is estimated at $500,000.00, and the tentative completion date is September 30, 2020. Sec. 607. The appropriations in part 1 to the legislative branch, for automated data processing, shall be used to purchase equipment, software, and services in order to support and implement data processing requirements and technology improvements. These funds are designated as work project appropriations in accordance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a, and shall not lapse at the end of the fiscal year, and shall continue to be available for expenditure until the project has been completed. The total cost is estimated at $500,000.00, and the tentative completion date is September 30, 2020. Sec. 608. In addition to funds appropriated in part 1, the Michigan capitol committee publications save the flags fund account may accept contributions, gifts, bequests, devises, grants, and donations. Those funds that are not expended in the fiscal year ending September 30 shall not lapse at the close of the fiscal year, and shall be carried forward for expenditure in the following fiscal years. Sec. 615. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2016 are $28,034,000.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $15,465,300.00. Total agency appropriations for retiree health care legacy costs are estimated at $12,568,700.00. Sec. 618. It is the intent of the legislature that all administrative functions and associated funding for the Michigan legislative retirement system shall be transferred from the legislative council to the department of technology, management, and budget before the end of the 2015-2016 fiscal year. LEGISLATIVE AUDITOR GENERAL Sec. 620. Pursuant to section 53 of article IV of the state constitution of 1963, the auditor general shall conduct audits of the judicial branch. The audits may include the supreme court and its administrative units, the court of appeals, and trial courts. Sec. 621. (1) The auditor general shall take all reasonable steps to ensure that certified minority- and women-owned and operated accounting firms, and accounting firms owned and operated by persons with disabilities participate in the audits of the books, accounts, and financial affairs of each principal executive department, branch, institution, agency, and office of this state. (2) The auditor general shall strongly encourage firms with which the auditor general contracts to perform audits of the principal executive departments and state agencies to subcontract with certified minority- and women-owned and operated accounting firms, and accounting firms owned and operated by persons with disabilities. (3) The auditor general shall compile an annual report regarding the number of contracts entered into with certified minority- and women-owned and operated accounting firms, and accounting firms owned and operated by persons with disabilities. The auditor general shall deliver the report to the state budget director and the senate and house of representatives standing committees on appropriations subcommittees on general government by November 1 of each year. Sec. 622. From the funds appropriated in part 1 to the legislative auditor general, the auditor general’s salary and the salaries of the remaining 2.0 FTE unclassified positions shall be set by the speaker of the house of representatives, the senate majority leader, the house of representatives minority leader, and the senate minority leader. Sec. 623. Any audits, reviews, or investigations requested of the auditor general by the legislature or by legislative leadership, legislative committees, or individual legislators shall include an estimate of the additional costs involved and, when those costs exceed $50,000.00, should provide supplemental funding. The auditor general shall determine whether to perform those activities in keeping with Audit Directive No. 29, which describes the office of the auditor general’s policy on responding to legislative requests. 908 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 DEPARTMENT OF STATE Sec. 701. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $7,500,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $50,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 703. From the funds appropriated in part 1, the department of state shall sell copies of records including, but not limited to, records of motor vehicles, off-road vehicles, snowmobiles, watercraft, mobile homes, personal identification cardholders, drivers, and boat operators and shall charge $8.00 per record sold only as authorized in section 208b of the Michigan vehicle code, 1949 PA 300, MCL 257.208b, section 7 of 1972 PA 222, MCL 28.297, and sections 80130, 80315, 81114, and 82156 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80130, 324.80315, 324.81114, and 324.82156. The revenue received from the sale of records shall be credited to the transportation administration collection fund created under section 810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b. Sec. 704. From the funds appropriated in part 1, the secretary of state may enter into agreements with the department of corrections for the manufacture of vehicle registration plates 15 months before the registration year in which the registration plates will be used. Sec. 705. (1) The department of state may accept gifts, donations, contributions, and grants of money and other property from any private or public source to underwrite, in whole or in part, the cost of a departmental publication that is prepared and disseminated under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923. A private or public funding source may receive written recognition in the publication and may furnish a traffic safety message, subject to departmental approval, for inclusion in the publication. The department may reject a gift, donation, contribution, or grant. The department may furnish copies of a publication underwritten, in whole or in part, by a private source to the underwriter at no charge. (2) The department of state may sell and accept paid advertising for placement in a departmental publication that is prepared and disseminated under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923. The department may charge and receive a fee for any advertisement appearing in a departmental publication and shall review and approve the content of each advertisement. The department may refuse to accept advertising from any person or organization. The department may furnish a reasonable number of copies of a publication to an advertiser at no charge. (3) Pending expenditure, the funds received under this section shall be deposited in the Michigan department of state publications fund created by section 211 of the Michigan vehicle code, 1949 PA 300, MCL 257.211. Funds given, donated, or contributed to the department from a private source are appropriated and allocated for the purpose for which the revenue is furnished. Funds granted to the department from a public source are allocated and may be expended upon receipt. The department shall not accept a gift, donation, contribution, or grant if receipt is conditioned upon a commitment of state funding at a future date. Revenue received from the sale of advertising is appropriated and may be expended upon receipt. (4) Any unexpended revenues received under this section shall be carried over into subsequent fiscal years and shall be available for appropriation for the purposes described in this section. (5) On March 1 of each year, the department of state shall file a report with the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the state budget director. The report shall include all of the following information: (a) The amount of gifts, contributions, donations, and grants of money received by the department under this section for the prior fiscal year. (b) A listing of the expenditures made from the amounts received by the department as reported in subdivision (a). (c) A listing of any gift, donation, contribution, or grant of property other than funding received by the department under this section for the prior year. (d) The total revenue received from the sale of paid advertising accepted under this section and a statement of the total number of advertising transactions. (6) In addition to copies delivered without charge as the secretary of state considers necessary, the department of state may sell copies of manuals and other publications regarding the sale, ownership, or operation or regulation of motor vehicles, with amendments, at prices to be established by the secretary of state. As used in this subsection, the term “manuals and other publications” includes videos and proprietary electronic publications. All funds received from sales of these manuals and other publications shall be credited to the Michigan department of state publications fund. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 909 Sec. 707. Funds collected by the department of state under section 211 of the Michigan vehicle code, 1949 PA 300, MCL 257.211, are appropriated for all expenses necessary to provide for the costs of the publication. Funds are allotted for expenditure when they are received by the department of treasury and shall not lapse to the general fund at the end of the fiscal year. Sec. 708. From the funds appropriated in part 1, the department of state shall use available balances at the end of the state fiscal year to provide payment to the department of state police in the amount of $332,000.00 for the services provided by the traffic accident records program as first appropriated in 1990 PA 196 and 1990 PA 208. Sec. 709. From the funds appropriated in part 1, the department of state may restrict funds from miscellaneous revenue to cover cash shortages created from normal branch office operations. This amount shall not exceed $50,000.00 of the total funds available in miscellaneous revenue. Sec. 710. (1) Commemorative and specialty license plate fee revenue collected by the department of state and deposited into the transportation administration collection fund created in section 810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b, is authorized for expenditure up to the amount of revenue collected but not to exceed the amount appropriated to the department of state in part 1 to administer commemorative and specialty license plate programs. (2) Commemorative and specialty license plate fee revenue collected by the department of state and deposited in the transportation administration collection fund created in section 810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b, in addition to the amount appropriated in part 1 to the department of state, shall remain in the transportation administration collection fund created in section 810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b, and be available for future appropriation. Sec. 711. Collector plate and fund-raising registration plate revenues collected by the department of state are appropriated and allotted for distribution to the recipient university or public or private agency overseeing a state-sponsored goal when received. Distributions shall occur on a quarterly basis or as otherwise authorized by law. Any revenues remaining at the end of the fiscal year shall not lapse to the general fund but shall remain available for distribution to the university or agency in the next fiscal year. Sec. 712. The department of state may produce and sell copies of a training video designed to inform registered automotive repair facilities of their obligations under Michigan law. The price shall not exceed the cost of production and distribution. The money received from the sale of training videos shall revert to the department of state and be placed in the auto repair facility account. Sec. 713. (1) The department of state, in collaboration with the gift of life transplantation society or its successor federally designated organ procurement organization, may develop and administer a public information campaign con­cerning the Michigan organ donor program. (2) The department of state may solicit funds from any private or public source to underwrite, in whole or in part, the public information campaign authorized by this section. The department may accept gifts, donations, contributions, and grants of money and other property from private and public sources for this purpose. A private or public funding source underwriting the public information campaign, in whole or in substantial part, shall receive sponsorship credit for its financial backing. (3) Funds received under this section, including grants from state and federal agencies, shall not lapse to the general fund at the end of the fiscal year but shall remain available for expenditure for the purposes described in this section. (4) Funding appropriated in part 1 for the organ donor program shall be used for producing a pamphlet to be distributed with driver licenses and personal identification cards regarding organ donations. The funds shall be used to update and print a pamphlet that will explain the organ donor program and encourage people to become donors by marking a checkoff on driver license and personal identification card applications. (5) The pamphlet shall include a return reply form addressed to the gift of life organization. Funding appropriated in part 1 for the organ donor program shall be used to pay for return postage costs. (6) In addition to the appropriations in part 1, the department of state may receive and expend funds from the organ and tissue donation education fund for administrative expenses. Sec. 714. (1) Except as otherwise provided under subsection (2), at least 180 days before closing a branch office or consolidating a branch office and at least 60 days before relocating a branch office, the department of state shall inform members of the senate and house of representatives standing committees on appropriations and legislators who represent affected areas regarding the details of the proposal. The information provided shall be in written form and include all analyses done regarding criteria for changes in the location of branch offices, including, but not limited to, branch transactions, revenue, and the impact on citizens of the affected area. The impact on citizens shall include information regarding additional distance to branch office locations resulting from the plan. The written notice provided by the department of state shall also include detailed estimates of costs and savings that will result from the overall changes made to the branch office structure and the same level of detail regarding costs for new leased facilities and expansions of current leased space. (2) If the consolidation of a branch office is with another branch office that is located within the same local unit of govern­ment or the relocation of a branch office is to another location that is located within the same local unit of govern­ ment, the department of state is not required to provide the notification or written information described in subsection (1). 910 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (3) As used in this section, “local unit of government” means a city, village, township, or county. Sec. 715. (1) Any service assessment collected by the department of state from the user of a credit or debit card under section 3 of 1995 PA 144, MCL 11.23, may be used by the department for necessary expenses related to that service and may be remitted to a credit or debit card company, bank, or other financial institution. (2) The service assessment imposed by the department of state for credit and debit card services may be based either on a percentage of each individual credit or debit card transaction, or on a flat rate per transaction, or both, scaled to the amount of the transaction. However, the department shall not charge any amount for a service assessment which exceeds the costs billable to the department for service assessments. (3) If there is a balance of service assessments received from credit and debit card services remaining on September 30, the balance may be carried forward to the following fiscal year and appropriated for the same purpose. (4) As used in this section, “service assessment” means and includes costs associated with service fees imposed by credit and debit card companies and processing fees imposed by banks and other financial institutions. Sec. 716b. The department of state shall provide a report that calculates the total amount of funds expended for the business application modernization project to date from the inception of the program. The report shall contain information on the original start and completion dates for the project, the original cost to complete the project, and a listing of all revisions to project completion dates and costs. The report shall include the total amount of funds paid to the state by the contract provider for penalties. The report shall be submitted to the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the state budget director by January 1. Sec. 717. (1) The department of state may accept nonmonetary gifts, donations, or contributions of property from any private or public source to support, in whole or in part, the operation of a departmental function relating to licensing, regulation, or safety. The department may recognize a private or public contributor for making the contribution. The department may reject a gift, donation, or contribution. (2) The department of state shall not accept a gift, donation, or contribution under subsection (1) if receipt of the gift, donation, or contribution is conditioned upon a commitment of future state funding. (3) On March 1 of each year, the department of state shall file a report with the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the state budget director. The report shall list any gift, donation, or contribution received by the department under subsection (1) for the prior calendar year. Sec. 718. From the funds appropriated in part 1 to the department of state, branch operations, the department shall maintain a full service secretary of state branch office in Buena Vista Township. Sec. 721. From the funds appropriated in part 1, the department of state may collect ATM commission fees from companies that have ATMs located in secretary of state branch offices. The commission received from the use of these ATMs shall be credited to the transportation administration collection fund created under section 810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b. Sec. 722. The department shall participate in a workgroup to investigate means of minimizing fraud in the MIBridges benefits programs. The members of the workgroup shall include, but are not limited to, the department of state, the department of health and human services, and the department of state police and members of the house of representatives and the senate. The workgroup shall, at a minimum, address the following possibilities and make recommendations on the implementation of any of the following items considered feasible: (a) Whether the department of health and human services’ policies concerning the replacement of lost bridge cards sufficiently deter improper use of those cards. (b) What technologies may exist to deter the sale or other improper use of bridge cards. (c) Whether a state driver license or state identification card might be used to replace the existing bridge cards. (d) What federal policies exist that may inhibit or enhance adoption of fraud minimization actions. Sec. 725. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2016 are $31,253,000.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $17,739,100.00. Total agency appropriations for retiree health care legacy costs are estimated at $13,513,900.00. DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET Sec. 801. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $4,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $8,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $150,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 911 Sec. 802. Proceeds in excess of necessary costs incurred in the conduct of transfers or auctions of state surplus, salvage, or scrap property made pursuant to section 267 of the management and budget act, 1984 PA 431, MCL 18.1267, are appropriated to the department of technology, management, and budget to offset costs incurred in the acquisition and distribution of federal surplus property. The department of technology, management, and budget shall provide consolidated Internet auction services through the state’s contractors for all local units of government. Sec. 803. (1) The department of technology, management, and budget may receive and expend funds in addition to those authorized by part 1 for maintenance and operation services provided specifically to other principal executive departments or state agencies, the legislative branch, the judicial branch, or private tenants, or provided in connection with facilities transferred to the operational jurisdiction of the department of technology, management, and budget. (2) The department of technology, management, and budget may receive and expend funds in addition to those authorized by part 1 for real estate, architectural, design, and engineering services provided specifically to other principal executive departments or state agencies, the legislative branch, or the judicial branch. (3) The department of technology, management, and budget may receive and expend funds in addition to those authorized in part 1 for mail pickup and delivery services provided specifically to other principal executive departments and state agencies, the legislative branch, or the judicial branch. (4) The department of technology, management, and budget may receive and expend funds in addition to those authorized in part 1 for purchasing services provided specifically to other principal executive departments and state agencies, the legislative branch, or the judicial branch. Sec. 804. (1) The source of financing in part 1 for statewide appropriations shall be funded by assessments against longevity and insurance appropriations throughout state government in a manner prescribed by the department of technology, management, and budget. Funds shall be used as specified in joint labor/management agreements or through the coordinated compensation hearings process. Any deposits made under this subsection and any unencumbered funds are restricted revenues, may be carried over into the succeeding fiscal years, and are appropriated. (2) In addition to the funds appropriated in part 1 for statewide appropriations, the department of technology, manage­ment, and budget may receive and expend funds in such additional amounts as may be specified in joint labor/ management agreements or through the coordinated compensation hearings process in the same manner and subject to the same conditions as prescribed in subsection (1). Sec. 805. To the extent a specific appropriation is required for a detailed source of financing included in part 1 for the department of technology, management, and budget appropriations financed from special revenue and internal service and pension trust funds, or MAIN user charges, the specific amounts are appropriated within the special revenue internal service and pension trust funds in portions not to exceed the aggregate amount appropriated in part 1. Sec. 806. In addition to the funds appropriated in part 1 to the department of technology, management, and budget, the department may receive and expend funds from other principal executive departments and state agencies to implement administrative leave bank transfer provisions as may be specified in joint labor/management agreements. The amounts may also be transferred to other principal executive departments and state agencies under the joint agreement and any amounts transferred under the joint agreement are authorized for receipt and expenditure by the receiving principal executive department or state agency. Any amounts received by the department of technology, management, and budget under this section and intended, under the joint labor/management agreements, to be available for use beyond the close of the fiscal year and any unencumbered funds may be carried over into the succeeding fiscal year. Sec. 807. The source of financing in part 1 for the Michigan administrative information network shall be funded by proportionate charges assessed against the respective state funds benefiting from this project in the amounts determined by the department. Sec. 808. (1) Deposits against the interdepartmental grant from building occupancy and parking charges appropriated in part 1 shall be collected, in part, from state agencies, the legislative branch, and the judicial branch based on estimated costs associated with maintenance and operation of buildings managed by the department of technology, management, and budget. To the extent excess revenues are collected due to estimates of building occupancy charges exceeding actual costs, the excess revenues may be carried forward into succeeding fiscal years for the purpose of returning funds to state agencies. (2) Appropriations in part 1 to the department of technology, management, and budget, for management and budget services from building occupancy charges and parking charges, may be increased to return excess revenue collected to state agencies. Sec. 809. On a quarterly basis, the department of technology, management, and budget shall notify the chairpersons of the senate and house of representatives standing committees on appropriations and the chairpersons of the senate and house of representatives standing committees on appropriations subcommittees on general government on any revisions that increase or decrease current contracts by more than $500,000.00 for computer software development, hardware acquisition, or quality assurance. Sec. 810. The department of technology, management, and budget shall maintain an Internet website that contains notice of all invitations for bids and requests for proposals over $50,000.00 issued by the department or by any state agency operating under delegated authority. The department shall not accept an invitation for bid or request for proposal 912 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 in less than 14 days after the notice is made available on the Internet website, except in situations where it would be in the best interest of the state and documented by the department. In addition to the requirements of this section, the department may advertise the invitations for bids and requests for proposals in any manner the department determines appropriate, in order to give the greatest number of individuals and businesses the opportunity to make bids or requests for proposals. Sec. 811. The department of technology, management, and budget may receive and expend funds from the Vietnam veterans memorial monument fund as provided in the Michigan Vietnam veterans memorial act, 1988 PA 234, MCL 35.1051 to 35.1057. Funds are appropriated and allocated when received and may be expended upon receipt. Sec. 812. The Michigan veterans’ memorial park commission may receive and expend money from any source, public or private, including, but not limited to, gifts, grants, donations of money, and government appropriations, for the purposes described in Executive Order No. 2001-10. Funds are appropriated and allocated when received and may be expended upon receipt. Any deposits made under this section and unencumbered funds are restricted revenues and may be carried over into succeeding fiscal years. Sec. 813. (1) Funds in part 1 for motor vehicle fleet are appropriated to the department of technology, management, and budget for administration and for the acquisition, lease, operation, maintenance, repair, replacement, and disposal of state motor vehicles. (2) The appropriation in part 1 for motor vehicle fleet shall be funded by revenue from rates charged to principal executive departments and agencies for utilizing vehicle travel services provided by the department. Revenue in excess of the amount appropriated in part 1 from the motor transport fund and any unencumbered funds are restricted revenues and may be carried over into the succeeding fiscal year. (3) Pursuant to the department of technology, management, and budget’s authority under sections 213 and 215 of the management and budget act, 1984 PA 431, MCL 18.1213 and 18.1215, the department shall maintain a plan regarding the operation of the motor vehicle fleet. The plan shall include the number of vehicles assigned to, or authorized for use by, state departments and agencies, efforts to reduce travel expenditures, the number of cars in the motor vehicle fleet, the number of miles driven by fleet vehicles, and the number of gallons of fuel consumed by fleet vehicles. The plan shall include a calculation of the amount of state motor vehicle fuel taxes that would have been incurred by fleet vehicles if fleet vehicles were required by law to pay motor fuel taxes. The plan shall include a description of fleet garage operations, the goods sold and services provided by the fleet garage, the cost to operate the fleet garage, the number of fleet garage locations, and the number of employees assigned to each fleet garage. The plan may be adjusted during the fiscal year based on needs and cost savings to achieve the maximum value and efficiency from the state motor fleet. Within 60 days after the close of the fiscal year, the department shall provide a report to the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies detailing the current plan and changes made to the plan during the fiscal year. (4) The department of technology, management, and budget may charge state agencies for fuel cost increases that exceed $3.04 per gallon of unleaded gasoline. The department shall notify state agencies, in writing or by electronic mail, at least 30 days before implementing additional charges for fuel cost increases. Revenues received from these charges are appropriated upon receipt. (5) The state budget director, upon notification to the senate and house of representatives standing committees on appropriations, may adjust spending authorization and the IDG from motor transport fund in the department of technology, management, and budget in order to ensure that the appropriations for motor vehicle fleet in the department budget equal the expenditures for motor vehicle fleet in the budgets for all executive branch agencies. Sec. 814. The department of technology, management, and budget shall develop a plan regarding the use of the funds appropriated in part 1 for the enterprisewide information technology investment projects. The plan shall include, but not be limited to, a description of proposed information technology investment projects, the time frame for completion of the information technology investment projects, the proposed cost of the information technology investment projects, the number of employees assigned to implement each information technology investment project, the contracts entered into for each information technology investment project, and any other information the department deems necessary. The plan shall be distributed to the senate and house of representatives standing committees on appropriations subcommittees on general government, as well as the senate and house fiscal agencies on a quarterly basis. The submitted plan shall also include anticipated spending reductions or overages for each of the proposed information technology investment projects. The department of technology, management, and budget shall notify the senate and house of representatives standing committees on appropriations subcommittees on general government and the senate and house fiscal agencies when a project funded under an information technology investment project line item in part 1 is expected to require a transfer of dollars from another project in excess of $500,000.00. Sec. 814a. The funds appropriated in part 1 for information technology investment projects shall be used for the modernization of state information technology systems, improvement of the state’s cyber security framework, and to achieve efficiencies. Sec. 816. An RFP issued for the purpose of privatization shall include all factors used in evaluating and determining price. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 913 Sec. 818. In addition to the funds appropriated in part 1, the department of technology, management, and budget may receive and expend money from the Michigan law enforcement officers memorial monument fund as provided in the Michigan law enforcement officers memorial act, 2004 PA 177, MCL 28.781 to 28.787. Sec. 819. In addition to the funds appropriated in part 1, the department of technology, management, and budget may receive and expend money from the Ronald Wilson Reagan memorial monument fund as provided in the Ronald Wilson Reagan memorial monument fund commission act, 2004 PA 489, MCL 399.261 to 399.266. Sec. 820. The department shall make available to the public a list of all parcels of real property owned by the state that are available for purchase. The list shall be posted on the Internet through the department’s website. Sec. 821. The department of technology, management, and budget shall annually update the office space consolidation project plan, including the use of the funds appropriated pursuant to 2012 PA 200 for the space consolidation fund. By February 15, the department shall report to the senate and house of representatives committees on appropriations subcommittees on general government and the senate and house fiscal agencies on the revised plan and plan imple­menta­ tion. The report shall include, but is not limited to, the description of the proposed office space to be consolidated, the time frame for completion of the office space consolidation, the proposed itemized cost of the office space consolidation, the number of employees assigned to implement the office space consolidation, the contracts entered into for the office space consolidation, information on completed projects, anticipated savings, savings achieved, and any other information the department deems necessary. Sec. 822. The department of technology, management, and budget shall compile a report by January 1 pertaining to the salaries of unclassified employees, as well as gubernatorial appointees, within all state departments and agencies. The report shall enumerate each unclassified employee and gubernatorial appointee and his or her annual salary individually. The report shall be distributed to the chairs of the senate and house of representatives standing committees on appropriations subcommittees on general government, as well as the senate and house fiscal agencies and be made available electronically. Sec. 822b. (1) A public-private partnership investment fund is created in MDTMB. Subject to subsections (2) and (3), public-private partnership investments shall include, but are not limited to, all of the following: (a) Capital asset improvements including buildings, land, or structures. (b) Energy resource exploration, extraction, generation, and sales. (c) Financial and investment incentive opportunities. (d) Infrastructure construction, maintenance, and operation. (e) Public-private sector joint ventures that provide economic benefit to an area or to the state. (2) Public-private investments shall not include projects, consultant expenses, staff effort, or any other activity related to the development, financing, construction, operation, or implementation of the Detroit River International Crossing or any successor project unless the project is approved by the legislature and signed into law. (3) The state budget director shall determine whether or not a specific public-private partnership investment opportunity qualifies for funding under subsection (1). (4) Investment development revenue, including a portion of the proceeds from the sale of any public-private partnership investment designated in subsection (1), shall be deposited into the fund created in subsection (1) and shall be available for administration, development, financing, marketing, and operating expenditures associated with public-private partnerships, unless otherwise provided by law. Public-private partnership investments authorized in subsection (1) are authorized for public or private operation or sale consistent with state law. Expenditures from the fund are authorized for investment purposes as designated in subsection (1) to enhance the marketable value of each investment. The unencumbered balance remaining in the fund at the end of the fiscal year may be carried forward for appropriation in future years. (5) An annual report shall be transmitted to the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the state budget office not later than December 31 of each year. This report shall detail both of the following: (a) The revenue and expenditure activity in the fund for the preceding fiscal year. (b) Public-private partnership investments as identified under subsection (1). (6) MDTMB shall monitor the revenue deposited in the public-private partnership investment fund created in subsec­ tion (1). If the revenue in the fund is insufficient to pay the amount appropriated in part 1 for public-private partnership investment, then MDTMB shall propose a legislative transfer to fund the line from the appropriations in part 1. Sec. 822c. The funds appropriated in part 1 shall not be used to support any staff effort, projects, consultant expenses, or any other activity related to the development, financing, construction, operation, or implementation of the Detroit River International Crossing or any successor project unless the project is approved by the legislature and signed into law. Sec. 822d. By December 31, 2015, the department shall provide a report to the senate and house appropriations subcommittees on general government and the senate and house fiscal agencies that identifies fee and rate schedules to be used by state departments and agencies for services, including information technology, provided by the department during fiscal year 2016-2017. The report shall also identify changes from fees and rates charged in fiscal year 2015-2016 and include an explanation of the factors that justify each fee and rate increase. Sec. 822e. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2016 are $76,745,400.00. From this amount, total agency appropriations for pension-related legacy 914 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 costs are estimated at $43,527,000.00. Total agency appropriations for retiree health care legacy costs are estimated at $33,218,400.00. Sec. 822f. (1) The funds appropriated in part 1 for the regional prosperity initiative are to be used as competitive grants to eligible regional planning organizations qualifying for funding as a regional prosperity collaborative, a regional prosperity council, or a regional prosperity board. A regional planning organization may not qualify for funding under more than 1 category in the same state fiscal year. As used in this section: (a) “Eligible regional planning organization” means any of the following: (i) An existing regional planning commission created pursuant to 1945 PA 281, MCL 125.11 to 125.25. (ii) An existing regional economic development commission created pursuant to 1966 PA 46, MCL 125.1231 to 125.1237. (iii) An existing metropolitan area council formed pursuant to the metropolitan councils act, 1989 PA 292, MCL 124.651 to 124.729. (iv) A Michigan metropolitan planning organization established pursuant to the moving ahead for progress in the 21st century act, Public Law 112-141. (b) “Open meetings act” means the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. (c) “Regional prosperity board” means a regional body with representation from private, public, and nonprofit entities engaged in joint decision-making practices for the purpose of creating a phase three: regional prosperity plan. (d) “Regional prosperity collaborative” means any committee developed by a regional planning organization or a metro­politan planning organization that serves to bring organizational representation together from private, public, and nonprofit entities within a region for the purpose of creating a phase one: regional prosperity plan. (e) “Regional prosperity council” means a regional body with representation from private, public, and nonprofit entities with shared administrative services and an executive governing entity, as demonstrated by a formal local agreement or agreements for the purpose of creating a phase two: regional prosperity plan. (2) Regional planning organizations may qualify to receive not more than $250,000.00 of incentive-based funding as a regional prosperity collaborative subject to meeting all of the following requirements: (a) The regional prosperity collaborative has created a phase one: regional prosperity plan, as follows: (i) The regional prosperity collaborative must include regional representatives from adult education, workforce development, community development, economic development, transportation, and higher education organizations. (ii) The plan is required, at a minimum, to include a 5-year plan focused on economic growth and vitality for the region, as well as a performance dashboard and measurable annual goals to support the 5-year plan. (iii) The 5-year plan shall address regional strategies related to adult education, workforce development, economic development, transportation, higher education, and business development. (iv) The regional prosperity collaborative shall adopt the plan by a minimum 2/3 majority vote of its members. (b) The regional prosperity collaborative adheres to accountability and transparency measures required in the open meetings act. (c) The regional prosperity collaborative convenes monthly meetings, open to the public, to consider and discuss issues leading to a common vision of economic prosperity for the region, including, but not limited to, community development, economic development, talent, and infrastructure opportunities. (d) The regional prosperity collaborative makes available on the grant recipient’s publicly accessible Internet site pertinent documents, including, but not limited to, monthly meeting agendas, minutes of monthly meetings, voting records, and the regional prosperity plan and performance dashboard. (e) The regional prosperity collaborative keeps a status report detailing the spending associated with previous regional prosperity initiative grants. Organizations that have successfully received grant awards in previous fiscal years shall be required to make available to the department and on a publicly accessible Internet site information regarding the use of those grant dollars. (3) Regional planning organizations eligible to receive a payment as a regional prosperity collaborative under sub­sec­ tion (2) may qualify to receive a 1-time grant of not more than $75,000.00 to produce a plan to transform the regional prosperity collaborative into a regional prosperity council or regional prosperity board, including necessary local formal agreements, to make recommendations that eliminate duplicative efforts and administrative functions, and to leverage resources through cooperation, collaboration, and consolidations of organizations or programs throughout the region. Plans produced to transform the regional prosperity collaborative into a regional prosperity council or regional prosperity board shall be made available on the grant recipient’s publicly accessible Internet site. (4) Regional planning organizations may qualify to receive not more than $375,000.00 of incentive-based funding as a regional prosperity council subject to meeting all of the following requirements: (a) The regional prosperity council has created a phase two: regional prosperity plan, as follows: (i) The regional prosperity council must include regional representatives from adult education, workforce development, community development, economic development, transportation, and higher education organizations. (ii) The regional prosperity council shall identify opportunities for shared administrative services and decision-making among the private, public, and nonprofit entities within the region and shall continue collaboration with regional prosperity No. 52] [June 3, 2015] JOURNAL OF THE SENATE 915 council members, including, but not limited to, representatives from adult education providers, workforce development agencies, community development agencies, economic development agencies, transportation service providers, and higher education institutions. (iii) The plan is required to include, but is not limited to, all of the following: (A) A status report of the approved 5-year plan. (B) The addition of a 10-year plan for the region which builds upon prior work and is focused on economic growth and vitality in the region. (C) A prioritized list of regional projects. (D) A performance dashboard with measurable annual goals. (iv) The regional prosperity council shall adopt the plan by a minimum 2/3 vote of its members. (b) The regional prosperity council adheres to accountability and transparency measures required in the open meetings act. (c) The regional prosperity council convenes monthly meetings, open to the public, to consider and discuss issues leading to a common vision of economic prosperity for the region, including, but not limited to, community development, economic development, talent, and infrastructure opportunities. (d) The regional prosperity council makes available on the grant recipient’s publicly accessible Internet site pertinent documents, including, but not limited to, monthly meeting agendas, minutes of monthly meetings, voting records, and the regional prosperity plan and performance dashboard. (e) The regional prosperity council keeps a status report detailing the spending associated with previous regional prosperity initiative grants. Organizations that have successfully received grant awards in previous fiscal years shall be required to make available to the department and on a publicly accessible Internet site information regarding the use of those grant dollars. (5) Regional planning organizations eligible to receive a payment as a regional prosperity council under subsection (4) may qualify to receive a 1-time grant of not more than $75,000.00 to produce a plan to transform the regional prosperity council into a regional prosperity board, including a singular private/public governance structure that comports with federal guidelines for governance under the workforce investment act, Public Law 105-220, the moving ahead for progress in the 21st century act, Public Law 112-141, the economic development administration and Appalachian regional development reform act of 1998, Public Law 105-393, and recommendations to eliminate duplicative efforts, administrative functions, and leverage resources through cooperation, collaboration, and consolidations of organizations or programs throughout the region. (6) Regional planning organizations may qualify to receive not more than $500,000.00 of incentive-based funding as a regional prosperity board subject to meeting all of the following requirements: (a) The regional prosperity board has created a phase three: regional prosperity plan, as follows: (i) The regional prosperity board, at a minimum, must demonstrate the consolidation of regional metropolitan planning organization boards, state designated regional planning agency boards, workforce development boards, and federally designated economic development districts within a region. (ii) The regional prosperity board shall create a regional services recommendations report prioritizing the list of statefunded services and programs provided to the region, and recommendations for state-regional partnerships to support the adopted regional prosperity plan. (iii) The plan is required to include a status report of the approved 10-year plan for the creation of an updated regional prosperity plan. (iv) The regional prosperity board shall adopt the plan by a minimum 2/3 vote of its members. (b) The regional prosperity board adheres to accountability and transparency measures required in the open meetings act. (c) The regional prosperity board convenes monthly meetings, open to the public, to consider and discuss issues leading to a common vision of economic prosperity for the region, including, but not limited to, community development, economic development, talent, and infrastructure opportunities. (d) The regional prosperity board makes available on the grant recipient’s publicly accessible Internet site pertinent documents, including, but not limited to, monthly meeting agendas, minutes of monthly meetings, voting records, and the regional prosperity plan and performance dashboard. (7) Regional planning organizations eligible to receive a payment as a regional prosperity board under subsection (6) may qualify to receive not more than $125,000.00, to implement the prioritized regional prosperity plan projects. (8) Regional planning organizations eligible to receive a payment as a regional prosperity collaborative, board, or council may partner with other eligible regional planning organizations to submit joint applications. In the instance of a joint application, 1 regional planning organization shall be utilized as the overall applicant. The department may award a joint application award of no greater than the sum of potential application dollars which would have otherwise been available through individual applications. (9) The department shall develop an application process and method of grant distribution for the regional prosperity initiative. Funding applications from regional planning organizations shall be due to the department by December 1, 916 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 2015. The department shall notify regional planning organizations of grant application status by January 1, 2016. The department shall ensure that processes are established to verify that qualifying regional planning organizations meet the requirements under subsections (2), (3), (4), (5), (6), and (7), as applicable. (10) Unexpended funds appropriated in part 1 for the regional prosperity initiative are designated as work project appropriations, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditure for regional prosperity initiative projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the projects is to provide incentive-based grants to recipients under this section. (b) The projects will be accomplished by grants to qualified regional planning organizations. (c) The total estimated cost of all projects is $2,500,000.00. (d) The estimated completion date is September 30, 2020. Sec. 822g. The department of technology, management, and budget shall report by April 1 to the senate and house appropriations subcommittees on general government and the senate and house fiscal agencies on legal service fund expenditures. The report shall itemize expenditures by case, purpose, and department involved. Sec. 822h. The department of technology, management, and budget shall report by April 15 to the senate and house appropriations subcommittees on general government and the senate and house fiscal agencies on the expenditures for the office of urban initiatives. The report shall provide information detailing the economic impact and job growth initiatives for each urban and metropolitan area receiving funds under part 1. The report shall also provide information detailing the initiatives undertaken in each urban or metropolitan area receiving funds under part 1, including, but not limited to, all of the following: (a) Transportation and infrastructure. (b) Public services. (c) Land use and sustainability. (d) Housing. (e) Workforce and economic development. Sec. 822i. (1) From the funds appropriated in part 1, the department shall assure all of the following: (a) That public schools that are placed in the state school reform/redesign school district or under a chief executive officer under section 1280c of the revised school code, 1976 PA 451, MCL 380.1280c, remain in compliance with all applicable state and federal law concerning special education. (b) That students at public schools described in subdivision (a) with individualized education programs are afforded special education services in accordance with applicable state and federal law concerning special education. (2) The department shall report to the legislature on the number of students in public schools described in subsec­ tion (1)(a) who have an individualized education program and the performance results of those students after the change in governance of the public school. INFORMATION TECHNOLOGY Sec. 823. (1) The department of technology, management, and budget may sell and accept paid advertising for placement on any state website under its jurisdiction. The department shall review and approve the content of each advertisement. The department may refuse to accept advertising from any person or organization or require modification to advertisements based upon criteria determined by the department. Revenue received under this subsection shall be used for operating costs of the department and for future technology enhancements to state of Michigan e-government initiatives. Funds received under this subsection shall be limited to $250,000.00. Any funds in excess of $250,000.00 shall be deposited in the state general fund. (2) The department of technology, management, and budget may accept gifts, donations, contributions, bequests, and grants of money from any public or private source to assist with the underwriting or sponsorship of state webpages or services offered on those webpages. A private or public funding source may receive recognition in the webpage. The department of technology, management, and budget may reject any gift, donation, contribution, bequest, or grant. (3) Funds accepted by the department of technology, management, and budget under subsection (1) are appropriated and allotted when received and may be expended upon approval of the state budget director. The state budget office shall notify the senate and house of representatives standing committees on appropriations subcommittees on general government and the senate and house fiscal agencies within 10 days after the approval is given. Sec. 824. The department of technology, management, and budget may enter into agreements to supply spatial information and technical services to other principal executive departments, state agencies, local units of government, and other organizations. The department of technology, management, and budget may receive and expend funds in addition to those authorized in part 1 for providing information and technical services, publications, maps, and other products. The department of technology, management, and budget may expend amounts received for salaries, supplies, and equipment necessary to provide informational products and technical services. Prior to December 1 of each year, the department shall provide a report to the senate and house of representatives standing committees on appropriations subcommittees on general government, detailing the sources of funding and expenditures made under this section. Sec. 825. The legislature shall have access to all historical and current data contained within MAIN pertaining to state departments. State departments shall have access to all historical and current data contained within MAIN. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 917 Sec. 826. When used in this part and part 1, “information technology services” means services involving all aspects of managing and processing information, including, but not limited to, all of the following: (a) Application and mobile development and maintenance. (b) Desktop computer support and management. (c) Cyber security. (d) Social media. (e) Mainframe computer support and management. (f) Server support and management. (g) Local area network support and management, including, but not limited to, wired and wireless network build-out, support, and management. (h) Information technology project management. (i) Information technology planning and budget management. (j) Telecommunication services, infrastructure, and support. Sec. 827. (1) Funds appropriated in part 1 for the Michigan public safety communications system shall be expended upon approval of an expenditure plan by the state budget director. (2) The department of technology, management, and budget shall assess all subscribers of the Michigan public safety communications system reasonable access and maintenance fees. (3) All money received by the department of technology, management, and budget under this section shall be expended for the support and maintenance of the Michigan public safety communications system. (4) The department of technology, management, and budget shall provide a report to the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the state budget director on April 15, indicating the amount of revenue collected under this section and expended for support and maintenance of the Michigan public safety communications system for the immediately preceding 6-month period. Any deposits made under this section and unencumbered funds are restricted revenues and shall be carried forward into succeeding fiscal years. Sec. 828. The department of technology, management, and budget shall submit a report for the immediately preceding fiscal year ending September 30 to the senate and house of representatives standing committees on appropriations subcommittees on general government and the senate and house fiscal agencies by March 1. The report shall include the following: (a) The total amount of funding appropriated for information technology services and projects, by funding source, for all principal executive departments and agencies. (b) A listing of the expenditures made from the amounts received by the department of technology, management, and budget as reported in subdivision (a). Sec. 829. The department of technology, management, and budget shall provide a report that analyzes and makes recommendations on the life-cycle of information technology hardware and software. The report shall be submitted to the senate and house of representatives standing committees on appropriations subcommittees on general government and the senate and house fiscal agencies by March 1. Sec. 830. By December 31, the department shall provide a report that lists all information technology-related change orders and follow-on contracts, greater than $50,000.00, whether they are bid, exercise options, or no-bid, and the amount of each change order or contract extension contract entered into by the department to the senate and house of representatives standing committees on appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget director. Sec. 831. (1) The information, communications, and technology innovation fund, established pursuant to 2011 PA 63, 2012 PA 200, and 2013 PA 59, shall be administered by the department of technology, management, and budget for the purpose of providing a revolving, self-sustaining resource for financing information, communications, and technology innovation projects. From the funds appropriated to the information, communications, and technology innovation fund by 2011 PA 63, 2012 PA 200, and 2013 PA 59, or received by the information, communications, and technology innova­ tion fund under subsections (2) and (3), the department of technology, management, and budget may issue loans to state agencies, local units of government, colleges and universities in this state, school districts, other public entities that provide public sector services, and nonprofit organizations that provide public sector services, as determined by the department of technology, management, and budget in support of information, communications, and technology innova­ tion projects. (2) In addition to funds appropriated by 2011 PA 63, 2012 PA 200, and 2013 PA 59, the information, communications, and technology innovation fund may accept contributions, gifts, bequests, devises, grants, and donations. (3) In addition to the funds appropriated by 2011 PA 63, 2012 PA 200, and 2013 PA 59, money received by the department of technology, management, and budget as repayment of information, communications, and technology innovation project loans, or other reimbursement or revenue received by the department of technology, management, and budget as a result of information, communications, and technology innovation project loans, interest earned on that money, or subsection (2) revenue, shall be deposited in the information, communications, and technology innovation fund and 918 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 is appropriated for information, communications, and technology innovation fund projects described in subsection (1). At the close of the fiscal year, any unencumbered funds remaining in the information, communications, and technology innovation fund shall remain in the fund and be carried forward into the succeeding fiscal year. (4) This section is not effective if legislation is enacted that creates and provides for the administration and use of the information, communications, and technology innovation fund. Sec. 832. (1) The department of technology, management, and budget shall inform the senate and house appropriations subcommittees on general government and the senate and house fiscal agencies within 30 days of any potential or actual penalties assessed by the federal government for failure of the Michigan child support enforcement system to achieve certification by the federal government. (2) If potential penalties are assessed by the federal government, the department of technology, management, and budget shall submit a report to the senate and house appropriations subcommittees on general government and the senate and house fiscal agencies within 90 days specifying the department’s plans to avoid actual penalties and ensure federal certification of the Michigan child support enforcement system. Sec. 833. (1) The state budget director, upon notification to the senate and house of representatives standing committees on appropriations, may adjust spending authorization and user fees in the department of technology, management, and budget in order to ensure that the appropriations for information technology in the department budget equal the appropriations for information technology in the budgets for all executive branch agencies. (2) If during the course of the fiscal year a transfer or supplemental to or from the information technology line item within an agency budget is made under section 393 of the management and budget act, 1984 PA 431, MCL 18.1393, there is appropriated an equal amount of user fees in the department of technology, management, and budget budget to accommodate an increase or decrease in spending authorization. Sec. 834. (1) Revenue collected from licenses issued under the antenna site management project shall be deposited into the antenna site management revolving fund created for this purpose in the department of technology, management, and budget. The department may receive and expend money from the fund for costs associated with the antenna site management project, including the cost of a third-party site manager. Any excess revenue remaining in the fund at the close of the fiscal year shall be proportionately transferred to the appropriate state restricted funds as designated in statute or by constitution. (2) An antenna shall not be placed on any site pursuant to this section without complying with the respective local zoning codes and local unit of government processes. Sec. 835. In addition to the funds appropriated in part 1, the funds collected by the department for supplying censusrelated information and technical services, publications, statistical studies, population projections and estimates, and other demographic products are appropriated for all expenses necessary to provide the required services. These funds are available for expenditure when they are received and may be carried forward into the next succeeding fiscal year. STATE BUILDING AUTHORITY RENT Sec. 842. (1) The state building authority rent appropriations in part 1 may also be expended for the payment of required premiums for insurance on facilities owned by the state building authority or payment of costs that may be incurred as the result of any deductible provisions in such insurance policies. (2) If the amount appropriated in part 1 for state building authority rent is not sufficient to pay the rent obligations and insurance premiums and deductibles identified in subsection (1) for state building authority projects, there is appropriated from the general fund of the state the amount necessary to pay such obligations. CIVIL SERVICE COMMISSION Sec. 850. (1) In accordance with section 5 of article XI of the state constitution of 1963, all restricted funds shall be assessed a sum not less than 1% of the total aggregate payroll paid from those funds for financing the civil service commission on the basis of actual 1% restricted sources total aggregate payroll of the classified service for the preceding fiscal year. This includes, but is not limited to, restricted funds appropriated in part 1 of any appropriations act. Unexpended 1% appropriated funds shall be returned to each 1% fund source at the end of the fiscal year. (2) The appropriations in part 1 are estimates of actual charges based on payroll appropriations. With the approval of the state budget director, the commission is authorized to adjust financing sources for civil service charges based on actual payroll expenditures, provided that such adjustments do not increase the total appropriation for the civil service commission. (3) The financing from restricted sources shall be credited to the civil service commission by the end of the second fiscal quarter. Sec. 851. Except where specifically appropriated for this purpose, financing from restricted sources shall be credited to the civil service commission. For restricted sources of funding within the general fund that have the legislative authority for carryover, if current spending authorization or revenues are insufficient to accept the charge, the shortage shall be taken from carryforward balances of that funding source. Restricted revenue sources that do not have carryforward authority shall be utilized to satisfy commission operating deducts first and civil service obligations second. General fund dollars are appropriated for any shortfall, pursuant to approval by the state budget director. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 919 Sec. 852. The appropriation in part 1 to the civil service commission, for state-sponsored group insurance, flexible spending accounts, and COBRA, represents amounts, in part, included within the various appropriations throughout state government for the current fiscal year to fund the flexible spending account program included within the civil service commission. Deposits against state-sponsored group insurance, flexible spending accounts, and COBRA for the flexible spending account program shall be made from assessments levied during the current fiscal year in a manner prescribed by the civil service commission. Unspent employee contributions to the flexible spending accounts may be used to offset administrative costs for the flexible spending account program, with any remaining balance of unspent employee contributions to be lapsed to the general fund. CAPITAL OUTLAY Sec. 860. As used in sections 861 through 867: (a) “Board” means the state administrative board. (b) “Community college” does not include a state agency or university. (c) “Department” means the department of technology, management, and budget. (d) “Director” means the director of the department of technology, management, and budget. (e) “Fiscal agencies” means the senate fiscal agency and the house fiscal agency. (f) “State agency” means an agency of state government. State agency does not include a community college or university. (g) “State building authority” means the authority created under 1964 PA 183, MCL 830.411 to 830.425. (h) “University” means a 4-year university supported by the state. University does not include a community college or a state agency. Sec. 861. Each capital outlay project authorized in this part and part 1 or any previous capital outlay act shall comply with the procedures required by the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. Sec. 862. (1) The department shall provide the JCOS, state budget director, and the senate and house fiscal agencies with reports as considered necessary relative to the status of each planning or construction project financed by the state building authority, by this part and part 1, or by previous acts. (2) Before the end of each fiscal year, the department shall report to the JCOS, state budget director, and the senate and house fiscal agencies for each capital outlay project other than lump sums all of the following: (a) The account number and name of each construction project. (b) The balance remaining in each account. (c) The date of the last expenditure from the account. (d) The anticipated date of occupancy if the project is under construction. (e) The appropriations history for the project. (f) The professional service contractor. (g) The amount of the project financed with federal funds. (h) The amount of the project financed through the state building authority. (i) The total authorized cost for the project and the state authorized share if different than the total. (3) Before the end of each fiscal year, the department shall report the following for each project by a state agency, university, or community college that is authorized for planning but is not yet authorized for construction: (a) The name of the project and account number. (b) Whether a program statement is approved. (c) Whether schematics are approved by the department. (d) Whether preliminary plans are approved by the department. (e) The name of the professional service contractor. (4) As used in this section, “project” includes appropriation line items made for purchase of real estate. Sec. 864. The appropriations in part 1 for capital outlay shall be carried forward at the end of the fiscal year consistent with the provisions of section 248 of the management and budget act, 1984 PA 431, MCL 18.1248. Sec. 865. (1) A site preparation economic development fund is created in the department. As used in this section, “economic development sites” means those state-owned sites declared as surplus property pursuant to section 251 of the management and budget act, 1984 PA 431, MCL 18.1251, that would provide economic benefit to the area or to the state. The Michigan economic development corporation board and the state budget director shall determine whether or not a specific state-owned site qualifies for inclusion in the fund created under this subsection. (2) Proceeds from the sale of any sites designated in subsection (1) shall be deposited into the fund created in subsection (1) and shall be available for site preparation expenditures, unless otherwise provided by law. The economic development sites authorized in subsection (1) are authorized for sale consistent with state law. Expenditures from the fund are authorized for site preparation activities that enhance the marketable sale value of the sites. Site preparation activities include, but are not limited to, demolition, environmental studies and abatement, utility enhancement, and site excavation. (3) A cash advance in an amount of not more than $25,000,000.00 is authorized from the general fund to the site preparation economic development fund. 920 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (4) An annual report shall be transmitted to the senate and house of representatives standing committees on appropriations not later than December 31 of each year. This report shall detail both of the following: (a) The revenue and expenditure activity in the fund for the preceding fiscal year. (b) The sites identified as economic development sites under subsection (1). Sec. 867. Proceeds from the sale of the Farnum Building shall be subsequently appropriated to the department in accordance with any legislation enacted that authorizes the sale of that property. If the net proceeds from the sale of the Farnum Building are less than the $7,000,000.00 authorized for senate relocation costs in section 896 of article VIII of 2014 PA 252, an amount equal to the difference between the net sale proceeds and $7,000,000.00 shall be appropriated by the legislature to the department. CAPITAL OUTLAY - UNIVERSITIES AND COMMUNITY COLLEGES Sec. 873. (1) This section applies only to projects for community colleges. (2) State support is directed towards the remodeling and additions, special maintenance, or construction of certain community college buildings. The community college shall obtain or provide for site acquisition and initial main utility installation to operate the facility. Funding shall be composed of local and state shares and not more than 50% of a capital outlay project, not including a lump-sum special maintenance project or remodeling and addition project, for a community college shall be appropriated from state and federal funds, unless otherwise appropriated by the legislature. (3) An expenditure under this part and part 1 is authorized when the release of the appropriation is approved by the board upon the recommendation of the director. The director may recommend to the board the release of any appropriation in part 1 only after the director is assured that the legal entity operating the community college to which the appro­priation is made has complied with this part and part 1 and has matched the amounts appropriated as required by this part and part 1. A release of funds in part 1 shall not exceed 50% of the total cost of planning and construction of any project, not including lump-sum remodeling and additions and special maintenance, unless otherwise appropriated by the legislature. Further planning and construction of a project authorized by this part and part 1 or applicable sections of the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, shall be in accordance with the purpose and scope as defined and delineated in the approved program statements and planning documents. This part and part 1 are applicable to all projects for which planning appropriations were made in previous acts. (4) The community college shall take the steps necessary to secure available federal construction and equipment money for projects funded for construction in this part and part 1 if an application was not previously made. If there is a reasonable expectation that a prior year unfunded application may receive federal money in a subsequent year, the college shall take whatever action necessary to keep the application active. Sec. 874. If university and community college matching revenues are received in an amount less than the appropriations for capital projects contained in this part and part 1, the state funds shall be reduced in proportion to the amount of matching revenue received. Sec. 875. (1) The director may require that community colleges and universities that have an authorized project listed in part 1 submit documentation regarding the project match and governing board approval of the authorized project not more than 60 days after the beginning of the fiscal year. (2) If the documentation required by the director under subsection (1) is not submitted, or does not adequately authenticate the availability of the project match or board approval of the authorized project, the authorization may terminate. The authorization terminates 30 days after the director notifies the JCOS of the intent to terminate the project unless the JCOS convenes to extend the authorization. DEPARTMENT OF TREASURY OPERATIONS Sec. 901. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $200,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $40,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 902. (1) Amounts needed to pay for interest, fees, principal, mandatory and optional redemptions, arbitrage rebates as required by federal law, and costs associated with the payment, registration, trustee services, credit enhancements, and issuing costs in excess of the amount appropriated to the department of treasury in part 1 for debt service on notes and bonds that are issued by the state under sections 14, 15, and 16 of article IX of the state constitution of 1963 as implemented by 1967 PA 266, MCL 17.451 to 17.455, are appropriated. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 921 (2) In addition to the amount appropriated to the department of treasury for debt service in part 1, there is appropriated an amount for fiscal year cash-flow borrowing costs to pay for interest on interfund borrowing made under 1967 PA 55, MCL 12.51 to 12.53. (3) In addition to the amount appropriated to the department of treasury for debt service in part 1, there is appropriated all repayments received by the state on loans made from the school bond loan fund not required to be deposited in the school loan revolving fund by or pursuant to section 4 of 1961 PA 112, MCL 388.984, to the extent determined by the state treasurer, for the payment of debt service, including, without limitation, optional and mandatory redemptions, on bonds, notes or commercial paper issued by the state pursuant to 1961 PA 112, MCL 388.981 to 388.985. Sec. 902a. The department of treasury shall notify the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the state budget office not more than 30 days after a refunding or restructuring bond issue is sold. The notification shall compare the annual debt service prior to the refinancing or restructuring, the annual debt service after the refinancing or restructuring, the change in the principal and interest over the duration of the debt, and the projected change in the present value of the debt service due to the refinancing and restructuring. Sec. 903. (1) From the funds appropriated in part 1, the department of treasury may contract with private collection agencies and law firms to collect taxes and other accounts due this state. In addition to the amounts appropriated in part 1 to the department of treasury, there are appropriated amounts necessary to fund collection costs and fees not to exceed 25% of the collections or 2.5% plus operating costs, whichever amount is prescribed by each contract. The appropriation to fund collection costs and fees for the collection of taxes or other accounts due this state are from the fund or account to which the revenues being collected are recorded or dedicated. However, if the taxes collected are constitutionally dedicated for a specific purpose, the appropriation of collection costs and fees are from the general purpose account of the general fund. (2) From the funds appropriated in part 1, the department of treasury may contract with private collections agencies and law firms to collect defaulted student loans and other accounts due the Michigan guaranty agency. In addition to the amounts appropriated in part 1 to the department of treasury, there are appropriated amounts necessary to fund collection costs and fees not to exceed 24.34% of the collection or a lesser amount as prescribed by the contract. The appropriation to fund collection costs and fees for the auditing and collection of defaulted student loans due the Michigan guaranty agency is from the fund or account to which the revenues being collected are recorded or dedicated. (3) The department of treasury shall submit a report for the immediately preceding fiscal year ending September 30 to the state budget director and the senate and house of representatives standing committees on appropriations not later than November 30 stating the agencies or law firms employed, the amount of collections for each, the costs of collection, and other pertinent information relating to determining whether this authority should be continued. Sec. 904. (1) The department of treasury, through its bureau of investments, may charge an investment service fee against the applicable retirement funds. The fees may be expended for necessary salaries, wages, contractual services, supplies, materials, equipment, travel, worker’s compensation insurance premiums, and grants to the civil service com­ mission and state employees’ retirement funds. Service fees shall not exceed the aggregate amount appropriated in part 1. The department of treasury shall maintain accounting records in sufficient detail to enable the retirement funds to be reimbursed periodically for fee revenue that is determined by the department of treasury to be surplus. (2) In addition to the funds appropriated in part 1 from the retirement funds to the department of treasury, there is appropriated from retirement funds an amount sufficient to pay for the services of money managers, investment advisors, investment consultants, custodians, and other outside professionals, the state treasurer considers necessary to prudently manage the retirement funds’ investment portfolios. The state treasurer shall report annually to the senate and house of representatives standing committees on appropriations and the state budget office concerning the performance of each portfolio by investment advisor. Sec. 904a. (1) There is appropriated an amount sufficient to recognize and pay expenditures for financial services provided by financial institutions as provided under section 1 of 1861 PA 111, MCL 21.181. (2) The appropriations under subsection (1) shall be funded by restricting revenues from common cash interest earnings and investment earnings in an amount sufficient to record these expenditures. Sec. 905. A revolving fund known as the municipal finance fee fund is created in the department of treasury. Fees are established under the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821, and the fees collected shall be credited to the municipal finance fee fund and may be carried forward for future appropriation. Sec. 906. (1) The department of treasury shall charge for audits as permitted by state or federal law or under contractual arrangements with local units of government, other principal executive departments, or state agencies. However, the charge shall not be more than the actual cost for performing the audit. A report detailing audits performed and audit charges for the immediately preceding fiscal year shall be submitted to the state budget director and the senate and house fiscal agencies not later than November 30. (2) A revolving fund known as the audit charges fund is created in the department of treasury. The contractual charges collected shall be credited to the audit charges fund and may be carried forward for future appropriation. 922 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 Sec. 907. A revolving fund known as the assessor certification and training fund is created in the department of treasury. The assessor certification and training fund shall be used to organize and operate a property assessor certification and training program. Each participant certified and trained shall pay to the department of treasury examination fees not to exceed $50.00 per examination and certification fees not to exceed $175.00. Training courses shall be offered in assessment administration. Each participant shall pay a fee to cover the expenses incurred in offering the optional programs to certified assessing personnel and other individuals interested in an assessment career opportunity. The fees collected shall be credited to the assessor certification and training fund. Sec. 908. The amount appropriated in part 1 to the department of treasury, home heating assistance program, is to cover the costs, including data processing, of administering federal home heating credits to eligible claimants and to administer the supplemental fuel cost payment program for eligible tax credit and welfare recipients. Sec. 909. Revenue from the airport parking tax act, 1987 PA 248, MCL 207.371 to 207.383, is appropriated and shall be distributed under section 7a of the airport parking tax act, 1987 PA 248, MCL 207.377a. Sec. 910. The disbursement by the department of treasury from the bottle deposit fund to dealers as required by sec­ tion 3c(2) of 1976 IL 1, MCL 445.573c, is appropriated. Sec. 911. (1) There is appropriated an amount sufficient to recognize and pay refundable income tax credits as provided by the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. (2) The appropriations under subsection (1) shall be funded by restricting income tax revenue in an amount sufficient to record these expenditures. Sec. 912. A plaintiff in a garnishment action involving this state shall pay to the state treasurer 1 of the following: (a) A fee of $6.00 at the time a writ of garnishment of periodic payments is served upon the state treasurer, as provided in section 4012 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4012. (b) A fee of $6.00 at the time any other writ of garnishment is served upon the state treasurer, except that the fee shall be reduced to $5.00 for each writ of garnishment for individual income tax refunds or credits filed by magnetic media. Sec. 913. (1) The department of treasury may contract with private firms to appraise and, if necessary, appeal the assessments of senior citizen cooperative housing units. Payment for this service shall be from savings resulting from the appraisal or appeal process. (2) Of the funds appropriated in part 1 to the department of treasury for the senior citizens’ cooperative housing tax exemption program, a portion may be utilized for a program audit of the program. The department of treasury shall forward copies of any audit report completed to the senate and house of representatives standing committees on appropriations subcommittees on general government and to the state budget office. The department of treasury may utilize up to 1% of the funds for program administration and auditing. Sec. 914. The department of treasury may provide a $200.00 annual prize from the Ehlers internship award account in the gifts, bequests, and deposit fund to the runner-up of the Rosenthal prize for interns. The Ehlers internship award account is interest bearing. Sec. 915. Pursuant to section 61 of the Michigan campaign finance act, 1976 PA 388, MCL 169.261, there is appropriated from the general fund to the state campaign fund an amount equal to the amounts designated for tax year 2014. Except as otherwise provided in this section, the amount appropriated shall not revert to the general fund and shall remain in the state campaign fund. Any amounts remaining in the state campaign fund in excess of $10,000,000.00 on December 31 shall revert to the general fund. Sec. 916. The department of treasury may make available to interested entities otherwise unavailable customized unclaimed property listings of nonconfidential information in its possession. The charge for this information is as follows: 1 to 100,000 records at 2.5 cents per record and 100,001 or more records at .5 cents per record. The revenue received from this service shall be deposited to the appropriate revenue account or fund. The department shall submit an annual report on or before June 1 to the state budget director and the senate and house of representatives standing committees on appropriations that states the amount of revenue received from the sale of information. Sec. 917. (1) There is appropriated for write-offs and advances an amount equal to total write-offs and advances for departmental programs, but not to exceed current year authorizations that would otherwise lapse to the general fund. (2) The department of treasury shall submit a report for the immediately preceding fiscal year to the state budget director and the senate and house fiscal agencies not later than November 30 stating the amounts appropriated for writeoffs and advances under subsection (1). Sec. 918. In addition to funds appropriated in part 1, the department of treasury may receive and expend funds for conducting tax orientation workshops and seminars. Funds received may not exceed costs incurred in conducting the workshops and seminars. Sec. 919. (1) From funds appropriated in part 1, the department of treasury may contract with private auditing firms to audit for and collect unclaimed property due this state in accordance with the uniform unclaimed property act, 1995 PA 29, MCL 567.221 to 567.265. In addition to the amounts appropriated in part 1 to the department of treasury, there are appropriated amounts necessary to fund auditing and collection costs and fees not to exceed 12% of the collections, or a lesser amount as prescribed by the contract. The appropriation to fund collection costs and fees for the auditing and collection of unclaimed property due this state is from the fund or account to which the revenues being collected are recorded or dedicated. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 923 (2) The department of treasury shall submit a report for the immediately preceding fiscal year ending September 30 to the state budget director and the senate and house of representatives standing committees on appropriations not later than November 30 stating the auditing firms employed, the amount of collections for each, the costs of collection, and other pertinent information relating to determining whether this authority should be continued. (3) During fiscal year 2015-2016, the department of treasury shall complete a review of its unclaimed property audit procedures in an effort to streamline the process. The department of treasury shall seek input from interested parties involved in the unclaimed property process. The department of treasury shall meet with businesses to discuss and propose an expedited audit procedure that allows Michigan residents and businesses the opportunity to regain their property but expedites the audit timeline and minimizes the impact on businesses that are subject to an unclaimed property audit. The department of treasury has 6 months to complete this review and evaluate the feasibility of developing expedited audit procedures as an alternative to current audit process. The audit process shall include at a minimum the option for business to choose whether to use the streamlined process or the existing audit procedure. By March 31, 2016, the department shall issue a report to the state budget director, the house and senate subcommittees that oversee general government, and the house and senate fiscal agencies. The department shall present the findings of the report before a joint meeting of the house and senate subcommittees on general government. Sec. 924. (1) In addition to the funds appropriated in part 1, the department of treasury may receive and expend principal residence audit fund revenue for administration of principal residence audits under the general property tax act, 1893 PA 206, MCL 211.1 to 211.155. (2) The department of treasury shall submit a report for the immediately preceding fiscal year to the state budget director and the senate and house fiscal agencies not later than December 31 stating the amount of exemptions denied and the revenue received under the program. Sec. 926. Unexpended appropriations of the John R. Justice grant program are designated as work project appropriations and shall not lapse at the end of the fiscal year and shall continue to be available for expenditure until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the project is to provide student loan forgiveness to qualified public defenders and prosecutors. (b) The project will be accomplished by utilizing state employees or contracts with private vendors, or both. (c) The total estimated cost of the project is $287,700.00. (d) The tentative completion date is September 30, 2016. Sec. 927. The department of treasury shall submit annual progress reports to the senate and house of representatives standing committees on appropriations subcommittees on general government and the senate and house fiscal agencies, regarding personal property tax audits. The report shall include the number of audits, revenue generated, and number of complaints received by the department related to the audits. Sec. 928. The department of treasury may provide receipt, warrant and cash processing, data, collection, investment, fiscal agent, levy and warrant cost assessment, writ of garnishment, and other user services on a contractual basis for other principal executive departments and state agencies. Funds for the services provided are appropriated and shall be expended for salaries and wages, fees, supplies, and equipment necessary to provide the services. Any unobligated balance of the funds received shall revert to the general fund of this state as of September 30. Sec. 930. (1) The department of treasury shall provide accounts receivable collections services to other principal executive departments and state agencies under 1927 PA 375, MCL 14.131 to 14.134. The department of treasury shall deduct a fee equal to the cost of collections from all receipts except unrestricted general fund collections. Fees shall be credited to a restricted revenue account and appropriated to the department of treasury to pay for the cost of collections. The department of treasury shall maintain accounting records in sufficient detail to enable the respective accounts to be reimbursed periodically for fees deducted that are determined by the department of treasury to be surplus to the actual cost of collections. (2) The department of treasury shall submit a report for the immediately preceding fiscal year to the state budget director and the senate and house fiscal agencies not later than November 30 stating the principal executive departments and state agencies served, funds collected, and costs of collection under subsection (1). Sec. 931. (1) The appropriation in part 1 to the department of treasury for treasury fees shall be assessed against all restricted funds that receive common cash earnings or other investment income. Treasury fees include all costs, including administrative overhead, relating to the investment of each restricted fund. The fee assessed against each restricted fund will be based on the size of the restricted fund (the absolute value of the average daily cash balance plus the market value of investments in the prior fiscal year) and the level of effort necessary to maintain the restricted fund as required by each department. The department of treasury shall provide a report to the state budget director, the senate and house of representatives standing committees on appropriations subcommittees on general government, and the senate and house fiscal agencies by November 30 of each year identifying the fees assessed against each restricted fund and the methodology used for assessment. (2) In addition to the funds appropriated in part 1, the department of treasury may receive and expend investment fees relating to new restricted funding sources that participate in common cash earnings or other investment income during 924 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 the current fiscal year. When a new restricted fund is created starting on or after October 1, that restricted fund shall be assessed a fee using the same criteria identified in subsection (1). Sec. 932. Revenue received under the Michigan education trust act, 1986 PA 316, MCL 390.1421 to 390.1442, may be expended by the board of directors of the Michigan education trust for necessary salaries, wages, supplies, contractual services, equipment, worker’s compensation insurance premiums, and grants to the civil service commission and state employees’ retirement fund. Sec. 934. (1) The department of treasury may expend revenues received under the hospital finance authority act, 1969 PA 38, MCL 331.31 to 331.84, the shared credit rating act, 1985 PA 227, MCL 141.1051 to 141.1076, the higher education facilities authority act, 1969 PA 295, MCL 390.921 to 390.934, the Michigan public educational facilities authority, Executive Reorganization Order No. 2002-3, MCL 12.192, the Michigan tobacco settlement finance authority act, 2005 PA 226, MCL 129.261 to 129.279, the land bank fast track act, 2003 PA 258, MCL 124.751 to 124.774, part 505 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.50501 to 324.50522, the state housing development authority act of 1966, 1966 PA 346, MCL 125.1401 to 125.1499c, and the Michigan finance authority, Executive Reorganization Order No. 2010-2, MCL 12.194, for necessary salaries, wages, supplies, contractual services, equipment, worker’s compensation insurance premiums, grants to the civil service commission and state employees’ retirement fund, and other expenses as allowed under those acts. (2) The department of treasury shall report by January 31 to the senate and house appropriations subcommittees, the senate and house fiscal agencies, and the state budget director on the amount and purpose of expenditures made under subsection (1) from funds received in addition to those appropriated in part 1. The report shall also include a listing of reimbursement of revenue, if any. The report shall cover the 2014-2015 fiscal year. Sec. 935. The funds appropriated in part 1 for dual enrollment payments for an eligible student enrolled in a stateapproved nonpublic school shall be distributed as provided under the postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to 388.524, and the career and technical preparation act, 2000 PA 258, MCL 388.1901 to 388.1913, in a form and manner as determined by the department of treasury. Sec. 944. If the department of treasury hires a pension plan consultant using any of the funds appropriated in part 1, the department shall retain any report provided to the department by that consultant and shall make that report available upon request to the senate and house of representatives standing committees on appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget director. Sec. 945. The assessment and certification division of the department of treasury shall conduct a review of local unit assessment administration practices, procedures, and records, also known as the audit of minimal assessing requirements, in at least 1 assessment jurisdiction per county. Sec. 946. Revenue collected in the convention facility development fund is appropriated and shall be distributed under sections 8 and 9 of the state convention facility development act, 1985 PA 106, MCL 207.628 and 207.629. Sec. 947. Financial independence teams shall cooperate with the office of fiscal responsibility to coordinate and streamline efforts in identifying and addressing fiscal emergencies in school districts and intermediate school districts. Sec. 948. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2016 are $46,551,300.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $26,428,100.00. Total agency appropriations for retiree health care legacy costs are estimated at $20,129,200.00. Sec. 949. (1) From the funds appropriated in part 1, the department of treasury may contract with private agencies to prevent the disbursement of fraudulent tax refunds. In addition to the amounts appropriated in part 1 to the department of treasury, there are appropriated amounts necessary to pay contract costs or fund operations designed to reduce fraudulent income tax refund payments not to exceed $1,600,000.00 of the refunds identified as potentially fraudulent and for which payment of the refund is denied. The appropriation to fund fraud prevention efforts is from the fund or account to which the revenues being collected are recorded or dedicated. (2) The department of treasury shall submit a report for the immediately preceding fiscal year ending September 30 to the state budget director and the senate and house of representatives standing committees on appropriations not later than November 30 stating the number of refund claims denied due to the fraud prevention operations, the amount of refunds denied, the costs of the fraud prevention operations, and other pertinent information relating to determining whether this authority should be continued. Sec. 949a. (1) From the increased funds appropriated in part 1 for personal property tax reform, the department of treasury shall establish personal property tax payments in the current fiscal year. The purpose of these increased funds is to continue payment to municipalities for lost debt and tax increment financing personal property taxes as required by the local community stabilization authority act, 2014 PA 86, MCL 123.1341 to 123.1362. (2) The department of treasury shall identify specific outcomes and performance measures for this initiative, including, but not limited to, the treasury’s ability to establish the technical and administrative support needed to ensure the payment information provided to LCSA is accurate and timely. Sec. 949b. (1) From the increased funds appropriated in part 1 for the city income tax administration program, the department of treasury shall establish the city income tax administration program in the current year. The purpose of this new program is to minimalize revenue loss through improved accuracy of e-filed returns. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 925 (2) The department of treasury shall identify specific outcomes and performance measures for this initiative, including, but not limited to, the treasury’s ability to track and reduce fraudulent returns by expanding compliance and enforcement services. This will benefit cities in this state by allowing the taxpayer to e-file the city return as part of the state return. Sec. 949c. (1) From the increased funds appropriated in part 1 for treasury operations information technology services and projects, the department shall increase treasury operations information technology services and projects in the current fiscal year. The purpose of this increase is to establish a treasury online business portal to allow businesses online access to do electronic business tax registration, tax returns, and tax payments. (2) The department shall identify specific outcomes and performance measures for this initiative, including, but not limited to, the number of Michigan businesses that take advantage of the opportunity for electronic business tax registration, authentication of taxpayers, and tax filing through the online business portal. Sec. 949d. (1) From the increased funds appropriated in part 1 for financial review commission, the department shall expand financial review commission efforts in the current fiscal year. The purpose of this expansion is to provide ongoing costs associated with the operation of the commission. (2) The department shall identify specific outcomes and performance measures for this initiative, including, but not limited to, the department’s ability to perform a critical fiscal review to ensure the city of Detroit does not reenter distress following its exit from bankruptcy. Sec. 949e. From the increased funds appropriated in part 1 for the state essential services assessment program, the department of treasury shall establish the state essential services assessment program in the current year. The purpose of the new program will provide the department the ability to collect the new state essential services assessment which is a phased-in replacement of locally collected personal property taxes on eligible manufacturing personal property. Sec. 949f. Revenue from the tobacco products tax act, 1993 PA 327, MCL 205.421 to 205.436, related to counties with a 2000 population of more than 2,000,000 is appropriated and shall be distributed under section 12(4)(d) of the tobacco products tax act, 1993 PA 327, MCL 205.432. Sec. 949g. From the funds appropriated in part 1 for urban search and rescue task force, $300,000.00 shall be expended to support the urban search and rescue task force. In distributing funds under this section, the department of treasury shall require the task force to provide to the department the following information: (a) A final year-end report providing information on all revenue received by source and expenditures by categories, with the funds distributed to the task force under section 606(9) of article XVI of 2014 PA 252 discretely presented. (b) Detail on the proposed expenditure of the funds distributed under this section. (c) A final year-end report providing information on all revenue received by source and expenditures by categories, with the funds distributed under this section discretely presented. REVENUE SHARING Sec. 950. The funds appropriated in part 1 for constitutional revenue sharing shall be distributed by the department of treasury to cities, villages, and townships, as required under section 10 of article IX of the state constitution of 1963. Revenue collected in accordance with section 10 of article IX of the state constitution of 1963 in excess of the amount appropriated in part 1 for constitutional revenue sharing is appropriated for distribution to cities, villages, and townships, on a population basis as required under section 10 of article IX of the state constitution of 1963. Sec. 952. (1) The funds appropriated in part 1 for city, village, and township revenue sharing are for grants to cities, villages, and townships such that, subject to fulfilling the requirements under subsection (3), each city, village, or township is eligible to receive 100% of its eligible payment under section 952 of article VIII of 2014 PA 252. For purposes of this subsection, any city, village, or township that completely merges with another city, village, or township will be treated as a single entity, such that when determining the eligible payment under section 952 of article VIII of 2014 PA 252 for the combined single entity, the amount each of the merging local units was eligible to receive under section 952 of article VIII of 2014 PA 252 is summed. For purposes of this subsection, population is determined in the same manner as under section 3 of the Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141.903. In addition, any city or village that according to the 2010 federal decennial census is determined to have population in more than 1 county shall be treated as a single entity when determining the eligible payment under section 952 of article VIII of 2014 PA 252. (2) The funds appropriated in part 1 for the county incentive program are to be used for grants to counties such that each county is eligible to receive an amount equal to the amount by which the balance in its revenue sharing reserve fund under section 44a of the general property tax act, 1893 PA 206, MCL 211.44a, for the county’s most recent fiscal year that ends prior to the January 1 of the state’s fiscal year is less than the amount calculated under section 44a(14) of the general property tax act, 1893 PA 206, MCL 211.44a, for the county fiscal year that begins in the state’s fiscal year. The amount calculated under this subsection shall be adjusted as necessary to reflect partial county fiscal years and prorated based on the total amount appropriated for distribution to all eligible counties. Except as otherwise provided under this subsection, payments under this subsection will be distributed to an eligible county subject to the county’s fulfilling the requirements under subsection (3). (3) For purposes of accountability and transparency, each eligible city, village, township, or county shall certify by December 1, or the first day of a payment month, that it has produced a citizen’s guide of its most recent local finances, including a recognition of its unfunded liabilities; a performance dashboard; a debt service report containing 926 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 a detailed listing of its debt service requirements, including, at a minimum, the issuance date, issuance amount, type of debt instrument, a listing of all revenues pledged to finance debt service by debt instrument, and a listing of the annual payment amounts until maturity; and a projected budget report, including, at a minimum, the current fiscal year and a projection for the immediately following fiscal year. The projected budget report shall include revenues and expenditures and an explanation of the assumptions used for the projections. Each eligible city, village, township, or county shall include in any mailing of general information to its citizens the Internet website address location for its citizen’s guide, performance dashboard, debt service report, and projected budget report or the physical location where these documents are available for public viewing in the city, village, township, or county clerk’s office. Each city, village, township, and county applying for a payment under this subsection shall submit a copy of the citizen’s guide, a copy of the performance dashboard, a copy of the debt service report, and a copy of the projected budget report to the department of treasury. The department of treasury shall develop detailed guidance for a city, village, township, or county to follow to meet the requirements of this subsection. The detailed guidance shall be posted on the department of treasury website and distributed to cities, villages, townships, and counties by October 1. (4) City, village, and township revenue sharing payments and county incentive program payments are subject to the following conditions: (a) The city, village, township, or county shall certify to the department that it has met the required criteria for sub­ sec­tion (3) and submitted the required citizen’s guide, performance dashboard, debt service report, and projected budget report as required by subsection (3). A department of treasury review of the citizen’s guide, dashboard, or reports is not required in order for a city, village, township, or county to receive a payment under subsection (1) or (2). The department shall develop a certification process and method for cities, villages, townships, and counties to follow. (b) Subject to subdivisions (c), (d), and (e), if a city, village, township, or county meets the requirements of sub­sec­ tion (3), the city, village, township, or county shall receive its full potential payment under this section. (c) Cities, villages, and townships eligible to receive a payment under subsection (1) shall receive 1/6 of their eligible payment on the last business day of October, December, February, April, June, and August. Payments under subsection (1) shall be issued to cities, villages, and townships until the specified due date for subsection (3). After the specified due date for subsection (3), payments shall be made to a city, village, or township only if that city, village, or township has complied with subdivision (a). (d) Payments under subsection (2) shall be issued to counties until the specified due date for subsection (3). After the specified due date for subsection (3), payments shall be made to a county only if that county has complied with subdivision (a). (e) If a city, village, township, or county does not provide the required certification or fails to submit the required citizen’s guide, performance dashboard, debt service report, and projected budget report by the first day of a payment month, the city, village, township, or county shall forfeit the payment in that payment month. (f) Any city, village, township, or county that falsifies certification documents shall forfeit any future city, village, and township revenue sharing payments or county incentive program payments and shall repay to this state all payments it has received under this section. (g) City, village, and township revenue sharing payments and county incentive program payments under this section shall be distributed on the last business day of October, December, February, April, June, and August. (h) Payments distributed under this section may be withheld pursuant to sections 17a and 21 of the Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141.917a and 141.921. (5) The unexpended funds appropriated in part 1 for city, village, and township revenue sharing and the county incen­ tive program shall be available for expenditure under the program for financially distressed cities, villages, or townships after the approval of transfers by the legislature pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 955. (1) The funds appropriated in part 1 for county revenue sharing shall be distributed by the department of treasury to eligible counties pursuant to the Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141.901 to 141.921. (2) The department of treasury shall annually certify to the state budget director the amount each county is authorized to expend from its revenue sharing reserve fund. Sec. 956. (1) The funds appropriated in part 1 for financially distressed cities, villages, and townships shall be granted by the department of treasury to cities, villages, and townships that have 1 or more conditions that indicate probable financial distress, as determined by the department of treasury. A city, village, or township with 1 or more conditions that indicate probable financial distress may apply in a manner determined by the department of treasury for a grant to pay for specific projects or services that move the city, village, or township toward financial stability. Grants are to be used for specific projects or services that move the city, village, or township toward financial stability. The city, village, or township may use, but is not limited to using, the grants under this section to make payments to reduce unfunded accrued liability; to repair or replace critical infrastructure and equipment owned or maintained by the city, village, or township; to reduce debt obligations; or for costs associated with a transition to shared services with another jurisdiction. The department of treasury shall award no more than $2,000,000.00 to any city, village, or township under this section. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 927 (2) The department of treasury shall provide a report to the senate and house of representatives appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget office by March 31. The report shall include a list by grant recipient of the date each grant was approved, the amount of the grant, and a description of the project or projects that will be paid by the grant. (3) The unexpended funds appropriated in part 1 for financially distressed cities, villages, and townships are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditure for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the project is to provide assistance to financially distressed cities, villages, and townships under this section. (b) The projects will be accomplished by grants to cities, villages, and townships approved by the department of treasury. (c) The total estimated cost of all projects is $5,000,000.00. (d) The tentative completion date is September 30, 2020. Sec. 957. It is the intent of the legislature that a legislative workgroup that includes representatives from the executive office shall meet to explore revisions to the distribution of nonconstitutional revenue sharing payments for cities, villages, and townships. BUREAU OF STATE LOTTERY Sec. 960. In addition to the funds appropriated in part 1 to the bureau of state lottery, there is appropriated from state lottery fund revenues the amount necessary for, and directly related to, implementing and operating lottery games under the McCauley-Traxler-Law-Bowman-McNeely lottery act, 1972 PA 239, MCL 432.1 to 432.47, and activities under the Traxler-McCauley-Law-Bowman bingo act, 1972 PA 382, MCL 432.101 to 432.120, including expenditures for contractually mandated payments for vendor commissions, contractually mandated payments for instant tickets intended for resale, the contractual costs of providing and maintaining the online system communications network, and incentive and bonus payments to lottery retailers. Sec. 963. The bureau of state lottery shall inform all lottery retailers that the cash side of MDHHS bridge cards cannot be used to purchase lottery tickets. Sec. 964. For the bureau of the state lottery, there is appropriated 1% of the lottery’s prior fiscal year’s gross sales or $23,000,000.00, whichever is less, for promotion and advertising. CASINO GAMING Sec. 971. From the revenue collected by the Michigan gaming control board regarding the total annual assessment of each casino licensee, $2,000,000.00 is appropriated and shall be deposited in the compulsive gaming prevention fund as described in section 12a(5) of the Michigan gaming control and revenue act, 1996 IL 1, MCL 432.212a. Sec. 973. (1) Funds appropriated in part 1 for local government programs may be used to provide assistance to a local revenue sharing board referenced in an agreement authorized by the Indian gaming regulatory act, Public Law 100-497. (2) A local revenue sharing board described in subsection (1) shall comply with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, and the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. (3) A county treasurer is authorized to receive and administer funds received for and on behalf of a local revenue sharing board. Funds appropriated in part 1 for local government programs may be used to audit local revenue sharing board funds held by a county treasurer. This section does not limit the ability of local units of government to enter into agreements with federally recognized Indian tribes to provide financial assistance to local units of government or to jointly provide public services. (4) A local revenue sharing board described in subsection (1) shall comply with all applicable provisions of any agreement authorized by the Indian gaming regulatory act, Public Law 100-497, in which the local revenue sharing board is referenced, including, but not limited to, the disbursal of tribal casino payments received under applicable provisions of the tribal-state class III gaming compact in which those funds are received. (5) The director of the department of state police and the executive director of the Michigan gaming control board are authorized to assist the local revenue sharing boards in determining allocations to be made to local public safety organizations. (6) The Michigan gaming control board shall submit a report by September 30 to the senate and house of representatives standing committees on appropriations and the state budget director on the receipts and distribution of revenues by local revenue sharing boards. Sec. 974. If revenues collected in the state services fee fund are less than the amounts appropriated from the fund, available revenues shall be used to fully fund the appropriation in part 1 for casino gaming regulation activities before distributions are made to other state departments and agencies. If the remaining revenue in the fund is insufficient to fully fund appropriations to other state departments or agencies, the shortfall shall be distributed proportionally among those departments and agencies. Sec. 976. The executive director of the Michigan gaming control board may pay rewards of not more than $5,000.00 to a person who provides information that results in the arrest and conviction on a felony or misdemeanor charge for a 928 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 crime that involves the horse racing industry. A reward paid pursuant to this section shall be paid out of the appropriation in part 1 for the racing commission. Sec. 977. All appropriations from the Michigan agriculture equine industry development fund, except for the racing commission and laboratory analysis program appropriations, shall be reduced proportionately if revenues to the Michigan agriculture equine industry development fund decline during the fiscal year ending September 30, 2016 to a level lower than the amount appropriated in part 1. Sec. 978. The Michigan gaming control board shall use actual expenditure data in determining the actual regulatory costs of conducting racing dates and shall provide that data to the senate and house appropriations subcommittees on agriculture and general government and the senate and house fiscal agencies. The Michigan gaming control board shall not be reimbursed for more than the actual regulatory cost of conducting race dates. If a certified horsemen’s organization funds more than the actual regulatory cost, the balance shall remain in the agriculture equine industry development fund to be used to fund subsequent race dates conducted by race meeting licensees with which the certified horsemen’s organization has contracts. If a certified horsemen’s organization funds less than the actual regulatory costs of the additional horse racing dates, the Michigan gaming control board shall reduce the number of future race dates conducted by race meeting licensees with which the certified horsemen’s organization has contracts. Prior to the reduction in the number of authorized race dates due to budget deficits, the executive director of the Michigan gaming control board shall provide notice to the certified horsemen’s organizations with an opportunity to respond with alternatives. In determining actual costs, the Michigan gaming control board shall take into account that each specific breed may require different regulatory mechanisms. Sec. 979. In addition to the funds appropriated in part 1, the Michigan gaming control board may receive and expend state lottery fund revenue in an amount not to exceed $4,000,000.00 for necessary expenses incurred in the licensing and regulation of millionaire parties pursuant to Executive Order No. 2012-4. In accordance with section 8 of the TraxlerMcCauley-Law-Bowman bingo act, 1972 PA 382, MCL 432.108, the amount of necessary expenses shall not exceed the amount of revenue received under that act. The Michigan gaming control board shall provide a report to the senate and house of representatives appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget office by April 15. The report shall include, but not be limited to, total expenditures related to the licensing and regulating of millionaire parties, steps taken to ensure charities are receiving revenue due to them, progress on promulgating rules to ensure compliance with the Traxler-McCauley-Law-Bowman bingo act, 1972 PA 382, MCL 432.101 to 432.120, and any enforcement actions taken. DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT Sec. 980. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $30,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 981. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2016 are $36,701,100.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $20,831,400.00. Total agency appropriations for retiree health care legacy costs are estimated at $15,869,700.00. MICHIGAN STRATEGIC FUND - HOUSING AND COMMUNITY DEVELOPMENT Sec. 990. MSHDA shall annually present a report to the state budget office and the subcommittees on the status of the authority’s housing production goals under all financing programs established or administered by the authority. The report shall give special attention to efforts to raise affordable multifamily housing production goals. Sec. 991. MSHDA shall report to the subcommittees, the state budget director, and the fiscal agencies by December 1 on the status of the loans entered into by the Michigan broadband development authority. Sec. 994. In addition to the funds appropriated in part 1, the funds collected by state historic preservation programs for document reproduction and services and application fees are appropriated for all expenses necessary to provide the required services. These funds are available for expenditure when they are received and may be carried forward into the succeeding fiscal year. Sec. 995. In addition to the amounts appropriated in part 1, the land bank fast track authority may expend revenues received under the land bank fast track act, 2003 PA 258, MCL 124.751 to 124.774, for the purposes authorized by the act, including, but not limited to, the acquisition, lease, management, demolition, maintenance, or rehabilitation of real No. 52] [June 3, 2015] JOURNAL OF THE SENATE 929 or personal property, payment of debt service for notes or bonds issued by the authority, and other expenses to clear or quiet title property held by the authority. MICHIGAN STRATEGIC FUND Sec. 1005. In addition to the appropriations in part 1, Travel Michigan may receive and expend private revenue related to the use of “Pure Michigan” and all other copyrighted slogans and images. This revenue may come from the direct licensing of the name and image or from the royalty payments from various merchandise sales. Revenue collected is appropriated for the marketing of the state as a travel destination. The funds are available for expenditure when they are received by the department of treasury. The fund shall provide a report that lists the revenues by source received from the use of “Pure Michigan” and all other copyrighted slogans and images. The report shall provide a detailed list of expenditures of revenues received under this section. The report shall be provided to the appropriations subcommittees on general government, the fiscal agencies, and the state budget office by June 1. Sec. 1007. (1) The fund shall provide reports to the relevant subcommittees, the state budget director, and the fiscal agencies concerning the activities of the MEDC grants and investment programs financed from the fund using investment, Indian gaming revenues, or other revenues. The report shall provide a list of individual grants, loans, and investments made from the fund or by the MEDC from the funds appropriated in part 1 and shall include the name of the recipient, the amount awarded to the recipient, and the purpose of the grant. The activities report shall also include, but not be limited to, the following programs funded in part 1: (a) Travel Michigan, including any expenditures authorized under section 89b of the Michigan strategic fund act, 1984 PA 270, MCL 125.2089b, to supplement the Michigan promotion program or Pure Michigan programs. The report shall include the number of commercials produced, the types of media purchased, and the target of tourism promotion used in Michigan tourism promotion material. (b) Business attraction, retention, and growth, including any expenditures authorized under section 89b of the Michigan strategic fund act, 1984 PA 270, MCL 125.2089b, to supplement the Michigan business marketing program. The report shall include the number of commercials produced, the markets in which media buys have been made, and any web-based products that were created as a result of this appropriation. (c) Business services. (d) Community development block grants. (e) Strategic fund administration. (f) Renaissance zones. (g) 21st century investment program. (h) Business and clean air ombudsman. (i) Michigan business development program. (j) Community revitalization program. (k) Film incentives. (l) Any other programs of the fund. (2) As a condition of the expenditure of funds appropriated in part 1 for business attraction and community revitalization and film incentives, the fund shall submit a report to the chairpersons of the senate and house of representatives standing committees on appropriations, the chairpersons of the senate and house of representatives standing committees on appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget office that provides performance metrics for the Michigan business development program, community revitalization program, and film incentives. The report shall include, but is not limited to, all of the following for all appropriated funds that are available during the fiscal year: (a) Total verified jobs created, as required by statute, compared to total committed jobs. (b) Total actual private investment compared to total projected private investment. (c) An estimate of the return on investment to the state as a result of the incentives. (d) A listing of projects previously awarded incentives that were revoked and the reason for revocation. (e) A listing of projects that had incentive contracts amended by the fund or MEDC. The listing shall include a detailed listing of the amendments made to the contract. (3) The reports in subsections (1) and (2) shall be submitted by February 15. The report for each program in subsec­ tion (1)(a) through (l) shall include details on all revenue sources, actual expenditures, and number of FTEs for that program for the previous fiscal year. Sec. 1008. As a condition of receiving funds under part 1, any interlocal agreement entered into by the fund shall include language which states that if a local unit of government has a contract or memorandum of understanding with a private economic development agency, the MEDC will work cooperatively with that private organization in that local area. Sec. 1009. (1) Of the funds appropriated to the fund or through grants to the MEDC, no funds shall be expended for the purchase of options on land or the purchase of land unless at least 1 of the following conditions applies: (a) The land is located in an economically distressed area. 930 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (b) The land is obtained through a purchase or exercise of an option at the invitation of the local unit of government and local economic development agency. (2) Consideration may be given to purchases where the proposed use of the land is consistent with a regional land use plan, will result in the redevelopment of an economically distressed area, can be supported by existing infrastructure, and will not cause shifts in population away from the area’s population centers. (3) As used in this section, “economically distressed area” means an area in a city, village, or township that has been designated as blighted; a city, village, or township that shows negative population change from 1970 and a poverty rate and unemployment rate greater than the statewide average; or an area certified as a neighborhood enterprise zone under the neighborhood enterprise zone act, 1992 PA 147, MCL 207.771 to 207.786. Sec. 1010. As a condition for receiving funds in part 1, not later than February 15, the fund shall provide a report for the immediately preceding fiscal year on the jobs for Michigan investment fund, created in section 88h of the Michigan strategic fund act, 1984 PA 270, MCL 125.2088h. The report shall be submitted to the chairpersons of the senate and house of representatives standing committees on appropriations, the chairpersons of the senate and house of representatives standing committees on appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget office. The report shall include, but is not limited to, all of the following: (a) A detailed listing of revenues, by fund source, to the jobs for Michigan investment fund. The listing shall include the manner and reason for which the funds were appropriated to the jobs for Michigan investment fund. (b) A detailed listing of expenditures, by project, from the jobs for Michigan investment fund. (c) A fiscal year-end balance of the jobs for Michigan investment fund. Sec. 1011. (1) From the appropriations in part 1 to the fund and granted or transferred to the MEDC, any unexpended or unencumbered balance shall be disposed of in accordance with the requirements in the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, unless carryforward authorization has been otherwise provided for. (2) Any encumbered funds shall be used for the same purposes for which funding was originally appropriated in this part and part 1. Sec. 1012. (1) As a condition of receiving funds under part 1, the fund shall ensure that the MEDC and the fund comply with all of the following: (a) The freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. (b) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275. (c) Annual audits of all financial records by the auditor general or his or her designee. (d) All reports required by law to be submitted to the legislature. (2) If the MEDC is unable for any reason to perform duties under this part, the fund may exercise those duties. Sec. 1013. As a condition for receiving the appropriations in part 1, any staff of the MEDC involved in private fundraising activities shall not be party to any decisions regarding the awarding of grants, incentives, or tax abatements from the fund, the MEDC, or the Michigan economic growth authority. Sec. 1014. (1) All funds received from repayment of loans, unused grants, revenues received from sales or cash flow participation agreements, guarantees, or any combination of these or accrued interest originally distributed as part of the core communities fund, created by 2000 PA 291, shall be received, held, and applied by the fund for the purposes described in 2000 PA 291. (2) The fund shall provide an annual report on the status of this fund which includes information that details the awards made. The report shall be provided to the appropriations subcommittees on general government, the fiscal agencies, and the state budget office by February 15. Sec. 1020. Federal pass-through funds to local institutions and governments that are received in amounts in addition to those included in part 1 and that do not require additional state matching funds are appropriated for the purposes intended. The fund may carry forward into the succeeding fiscal year unexpended federal pass-through funds to local institutions and governments that do not require additional state matching funds. The fund shall report the amount and source of the funds to the senate appropriation subcommittee on economic development, the house appropriation subcommittee on general government, the senate and house fiscal agencies, and the state budget office within 10 business days after receiving any additional pass-through funds. Sec. 1024. From the funds appropriated in part 1 for business attraction and community revitalization, not less than $20,000,000.00 shall be granted by the fund board for brownfield redevelopment and historic preservation projects under the community revitalization program authorized by chapter 8C of the Michigan strategic fund act, 1984 PA 270, MCL 125.2090 to 125.2090d. Sec. 1031. The fund shall report to the senate and house of representatives appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget office by April 15 on the spending plan for the line items for entrepreneurship eco-system and business attraction and community revitalization. If the spending plan for the fiscal year is changed after that date, the fund shall notify the report recipients listed previously within 10 business days. Sec. 1032. (1) The Michigan film office shall report to the subcommittees, the state budget director, and the fiscal agencies on the status of the film incentives at the same time as it submits the annual report required under section 455 of the Michigan business tax act, 2007 PA 36, MCL 208.1455. The department of treasury and the fund shall provide No. 52] [June 3, 2015] JOURNAL OF THE SENATE 931 the Michigan film office with the data necessary to prepare the report. Incentives included in the report shall include all of the following: (a) The tax credit provided under section 455 of the Michigan business tax act, 2007 PA 36, MCL 208.1455. (b) The tax credit provided under section 457 of the Michigan business tax act, 2007 PA 36, MCL 208.1457. (c) The tax credit provided under section 459 of the Michigan business tax act, 2007 PA 36, MCL 208.1459. (d) The amount of any tax credit claimed under former section 367 of the income tax act of 1967, 1967 PA 281. (e) Any tax credits provided for film and digital media production under the Michigan economic growth authority act, 1995 PA 24, MCL 207.801 to 207.810. (f) Loans to an eligible production company or film and digital media private equity fund authorized under section 88d(3), (4), and (5) of the Michigan strategic fund act, 2005 PA 225, MCL 125.2088d. (g) Any spending or activities supported by the appropriations in part 1 for film incentives. (2) The report shall include all of the following information: (a) For each tax credit, the number of contracts signed, the projected expenditures qualifying for the credit, and the estimated value of the credits. For loans, the number of loans made under each section, the interest rate of those loans, the loan amount, the percent of the projected budget of each production financed by those loans, and the estimated interest earnings from the loan. For each film incentive awarded, including any program to support and promote a qualified facility and other film infrastructure as defined in section 29h of the Michigan strategic fund act, 1984 PA 270, MCL 125.2029h, the total funding awarded for each of the following: (i) Direct production expenditures. (ii) Michigan personnel expenditures. (iii) Crew personnel expenditures. (iv) Qualified personnel expenditures. (v) Postproduction expenditures. (vi) Qualified facility or infrastructure expenditures. (vii) Spending for program administration. (b) For credits authorized under section 455 of the Michigan business tax act, 2007 PA 36, MCL 208.1455, for productions completed by December 31, the expenditures of each production eligible for the credit that has filed a request for certificate of completion with the film office, broken down into expenditures for goods, services, or salaries and wages and showing separately expenditures in each local unit of government, including expenditures for personnel, whether or not they were made to a Michigan entity, and whether or not they were taxable under the laws of this state. For loans, the report shall include the number of loans that have been fully repaid, with principal and interest shown separately, and the number of loans that are delinquent or in default, and the amount of principal that is delinquent or is in default. (c) For each of the tax credit incentives, loan incentives, and film incentives listed in subsection (1), a breakdown for each project or production showing each of the following: (i) The number of temporary jobs created. (ii) The number of permanent jobs created. (iii) The number of persons employed in Michigan as a result of the incentive, on a full-time equated basis. (3) For any information not included in the report due to the provisions of section 455(6), 457(6), or 459(6) of the Michigan business tax act, 2007 PA 36, MCL 208.1455, 208.1457, and 208.1459, the report shall do all of the following: (a) Indicate how the information would describe the commercial and financial operations or intellectual property of the company. (b) Attest that the information has not been publicly disseminated at any time. (c) Describe how disclosure of the information may put the company at a competitive disadvantage. (4) Any information not disclosed due to the provisions of section 455(6), 457(6), or 459(6) of the Michigan business tax act, 2007 PA 36, MCL 208.1455, 208.1457, and 208.1459, shall be presented at the lowest level of aggregation that would no longer describe the commercial and financial operations or intellectual property of the company. Sec. 1033. The Michigan film office shall report to the chairpersons of the senate and house of representatives standing committees on appropriations subcommittees on general government, the state budget director, and the senate and house fiscal agencies on the status of the film incentives approved under section 29h of the Michigan strategic fund act, 1984 PA 270, MCL 125.2029h, not later than 30 days following the end of each quarter of the fiscal year. The report shall include all of the following: (a) Direct economic impacts in this state attributable to the assistance. (b) Direct job creation in this state attributable to the assistance. (c) Direct private investment in this state attributable to the assistance. (d) The name of each eligible production company and the amount of each incentive disbursed for each state certified qualified production. Sec. 1033b. For funds appropriated in part 1 from the GF/GP revenue and used for the purpose of the Michigan strategic fund - film incentive program, the applicable percentage of the state certified qualified production expenditures provided in section 29h(3)(d) of the Michigan strategic fund act, 1984 PA 270, MCL 125.2029h, shall be determined based on the effective date of the agreement. 932 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 Sec. 1034. Each business incubator or accelerator that received an award from the fund shall maintain and update a dashboard of indicators to measure the effectiveness of the business incubator and accelerator programs. Indicators shall include the direct jobs created, new companies launched as a direct result of business incubator or accelerator involvement, businesses expanded as a direct result of business incubator or accelerator involvement, direct investment in client companies, private equity financing obtained by client companies, grant funding obtained by client companies, and other measures developed by the recipient business incubators and accelerators in conjunction with the MEDC. Dashboard indicators shall be reported for the prior fiscal year and cumulatively, if available. Each recipient shall submit a copy of their dashboard indicators to the fund by March 1. The fund shall transmit the local reports to the senate and house of representatives appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget office by March 15. Sec. 1035. (1) From the appropriation in part 1, the Michigan council for arts and cultural affairs shall administer an arts and cultural grant program that maintains an equitable geographic distribution of funding and utilizes past arts and cultural grant programs as a guideline for administering this program. The council shall do all of the following: (a) On or before October 1, the fund shall publish proposed application criteria, instructions, and forms for use by eligible applicants. The fund shall provide at least a 2-week period for public comment before finalizing the application criteria, instructions, and forms. (b) A nonrefundable application fee may be assessed for each application. Application fees shall be deposited in the council for the arts fund and are appropriated for expenses necessary to administer the programs. These funds are available for expenditure when they are received and may be carried forward to the following fiscal year. (c) Grants are to be made to public and private arts and cultural entities. (d) Within 1 business day after the award announcements, the council shall provide to each member of the legislature and the fiscal agencies a list of all grant recipients and the total award given to each recipient, sorted by county. (2) The appropriation in part 1 for arts and cultural program shall not be used for the administration of the grant program. Sec. 1036. (1) The general fund/general purpose funds appropriated in part 1 to the fund for the programs listed below shall be transferred to the specific funds designated by statute for those programs as follows: (a) The business attraction and community revitalization funds shall be transferred to the 21st century jobs trust fund per section 90b(3) of the Michigan strategic fund act, 1984 PA 270, MCL 125.2090b. (b) The film incentives program funds shall be transferred to the Michigan film promotion fund established in the Michigan strategic fund act, 1984 PA 270, MCL 125.2029d. (2) Funds transferred to the 21st century jobs trust fund or Michigan film promotion fund under subsection (1) are appropriated and available for allocation as authorized in the Michigan strategic fund act, 1984 PA 270, MCL 125.2001 to 125.2094. Sec. 1037. (1) Bond proceeds may only be spent to reimburse costs incurred by Michigan State University in the construction of the facility for rare isotope beams project up to an amount not to exceed $90,960,100.00. All construction costs for the project in excess of this amount are the responsibility of Michigan State University. The fund is not responsible for operating costs of the project facility. Prior to reimbursement, the fund and Michigan State University shall enter into an agreement providing for the terms of reimbursement, allowable costs, financial reporting, and any other requirements necessary to complete the transaction. (2) The state budget director retains the authority and fiduciary responsibility normally associated with the maintenance of the public’s financial and policy interests relative to state-financed construction projects. The state budget director may take appropriate action to protect the public’s financial and policy interests, including, but not limited to, rescinding subsection (2) reimbursement payments for construction of the facility for rare isotope beams project should Michigan State University or the United States Department of Energy not provide the necessary resources to complete the project. The state budget director shall provide notification to the senate and house appropriations committees, senate fiscal agency, house fiscal agency, and the fund within 10 days of exercising the authority under this subsection. (3) The department of technology, management, and budget may assist the fund with implementation of this program for purposes of administrative efficiency. Sec. 1040. As a condition of receiving funds in part 1, the department of talent and economic development shall utilize MAIN, or a successor MDTMB-administered administrative information system used across state government, as an appropriation and expenditure reporting system to track all financial transactions with individual vendors, contractual partners, grantees, recipients of business incentives, and recipients of other economic assistance. Encumbrances and expenditures shall be reported in a timely manner. Sec. 1041. From the funds appropriated in part 1 for business attraction and community revitalization, the fund shall request the transfer by the state treasurer of not more than 60% of the funds prior to April 1. Sec. 1042. For the funds appropriated in part 1 for business attraction and community revitalization, the fund shall report quarterly on the amount of funds considered appropriated, pre-encumbered, encumbered, and expended. The report shall also include a listing of appropriations for business attraction and community revitalization, or a predecessor, in 2011 PA 63, 2012 PA 200, 2013 PA 59, and 2014 PA 252, that were considered appropriated, pre-encumbered, encumbered, No. 52] [June 3, 2015] JOURNAL OF THE SENATE 933 or expended that have lapsed back to the fund for any purpose. The report shall be submitted to the chairpersons of the senate and house of representatives standing committees on appropriations, the chairpersons of the senate and house of representatives standing committees on appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget office. Sec. 1050. (1) The department of talent and economic development shall publish the “activities classification structure data book” for Michigan community colleges on or before March 1. (2) The department of talent and economic development shall compile information received from community colleges on North American Indian tuition waivers granted pursuant to 1976 PA 174, MCL 390.1251 to 390.1253, and shall submit this compilation to the house and senate appropriations subcommittees on community colleges, the fiscal agencies, and the state budget director by March 1. (3) The department of talent and economic development shall compile information received from community colleges on the number and types of associate degrees and other certificates awarded during the previous fiscal year and shall submit this compilation to the house and senate appropriations subcommittees on community colleges, the fiscal agencies, and the state budget director by March 1. (4) The department of talent and economic development shall place the reports required in this section on a publicly available website. Sec. 1053. The fund shall provide a report to the senate and house of representatives appropriations general government subcommittees, the senate and house fiscal agencies, and the state budget director no later than April 15 on the status of projects by award recipient in an annual report to the legislature as required in the Michigan strategic fund act, 1984 PA 270, MCL 125.2001 to 125.2094. Sec. 1055. (1) From the one-time funds appropriated in part 1 for business attraction and community revitalization, the MSF shall continue with strategic investments that create jobs and support community redevelopment to grow Michigan’s economy. (2) The MSF shall identify specific outcomes and performance metrics for this initiative, including, but not limited to, the following: (a) Monthly total jobs (b) Private investment for community projects. Sec. 1056. From the funds appropriated in part 1 for MSF, film incentives, the department of talent and economic development shall make a total payment of $19,050,000.00 to the Michigan public school employees’ retirement system, Michigan state employees’ retirement system, Michigan state police retirement system, and Michigan judges retirement system which shall be utilized to immediately retire obligations purchased or guaranteed or payments made by the Michigan public school employees’ retirement system, Michigan state employees’ retirement system, Michigan state police retirement system, and Michigan judges retirement system for the financing, construction, or operation of a qualified facility as defined under section 29h(16)(j) of the Michigan strategic fund act, 1984 PA 270, MCL 125.2029h. TALENT INVESTMENT AGENCY Sec. 1060. The talent investment agency shall administer the PATH training program in accordance with the requirements of section 407(d) of title IV of the social security act, 42 USC 607, the state social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, and all other applicable laws and regulations. Sec. 1061. From the funds appropriated in part 1 for workforce programs subgrantees, the talent investment agency may allocate funding for grants to nonprofit organizations that offer programs pursuant to the workforce investment act of 1998, 29 USC 2801 to 2945, or the workforce innovation and opportunity act, 29 USC 3101 to 3361, eligible youth focusing on pre-apprenticeship and apprenticeship activities, entrepreneurship, work-readiness skills, job shadowing, and financial literacy. Organizations eligible for funding under this section must have the capacity to provide similar programs in urban areas, as determined by the United States Bureau of the Census according to the most recent federal decennial census. Additionally, programs eligible for funding under this section must include the participation of local business partners. The talent investment agency shall develop other appropriate eligibility requirements to ensure compliance with applicable federal rules and regulations. Sec. 1062. The talent investment agency shall make available, in person or by telephone, 1 disabled veterans outreach program specialist or local veterans employment representative to Michigan Works! service centers, as resources permit, during hours of operation, and shall continue to make the appropriate placement of veterans and disabled veterans a priority. Sec. 1063. (1) In addition to the funds appropriated in part 1, any unencumbered and unrestricted federal workforce investment act of 1998, 29 USC 2801 to 2945, workforce innovation and opportunity act, 29 USC 3101 to 3361, or trade adjustment assistance funds available from prior fiscal years are appropriated for the purposes originally intended. (2) The talent investment agency shall report by February 15 to the subcommittees, the fiscal agencies, and the state budget office on the amount by fiscal year of federal workforce investment act of 1998, 29 USC 2801 to 2945, workforce innovation and opportunity act, 29 USC 3101 to 3361, funds appropriated under this section. Sec. 1064. As a condition of receiving the funds appropriated in part 1 for workforce program administration and workforce development programs, the talent investment agency shall provide a report by September 30 to the senate and 934 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 house of representatives standing committees on appropriations subcommittees on general government, the state budget director, and the senate and house fiscal agencies on the status of each discrete workforce development agency program supported by funds appropriated in part 1 for workforce program administration and workforce development programs. The status report shall include, at a minimum, actual revenues received by the fund source and funds appropriated for each discrete workforce development program area. Sec. 1065. The talent investment agency shall provide a report by February 15 to the senate and house of representatives standing committees on appropriations subcommittees on general government, the state budget director, and the fiscal agencies on the status of the skilled trades training program funded in part 1. The report shall include the following: (a) The number of awardees participating in the program and the names of those awardees organized by major industry group. (b) The amount of funding received by each awardee under the program. (c) Amount of funding leveraged from each awardee or other funding source for each awardee project. (d) Training models established by each awardee. (e) The number of individuals enrolled in a skilled trades training program by awardee. (f) The number of individuals who completed the program and were hired by awardee. (g) The number of applications received and the number of applications approved for each region. Sec. 1066. As a condition of receiving funds in part 1 for the skilled trades training program, the talent investment agency shall administer the program as follows: (a) The talent investment agency shall work cooperatively with grantees to maximize the amount of funds from part 1 that are available for direct training. (b) The talent investment agency, workforce development partners, including regional Michigan Works! agencies, and employers shall collaborate and work cooperatively to prioritize and streamline the expenditure of the funds appropriated in part 1. The talent investment agency shall ensure that the skilled trades training program provides a collaborative statewide network of workforce and employee skill development partners that addresses the employee talent needs throughout the state. (c) The talent investment agency shall ensure that grants are utilized for individual skill enhancement for employees of Michigan businesses including the development of additional opportunities for apprenticeship programs and more advance-tech training programs. Funds shall not be distributed to program and process centered training organization employers. (d) The talent investment agency shall develop program goals and detailed guidance for prospective participants to follow to qualify under the program. The program goals and detailed guidance shall be posted on the talent investment agency website and distributed to workforce development partners, including local Michigan Works! agencies, by October 1. Periodic assessments of employer and employee needs shall be evaluated on a regional basis, and the talent investment agency shall identify solutions and goals to be implemented to satisfy those needs. The talent investment agency shall notify the senate and house of representatives standing committees on appropriations, the senate and house of representatives standing committees on appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget office on any program goal, solution, or guidance changes not fewer than 14 days prior to the finalization and publication of the changes. Revenue received by the talent investment agency for the skilled trades training program may be expended for the purpose of those programs. (e) Up to $5,000,000.00 of the funds may be expended to match federal funds when a Michigan company has utilized its favored status designation from the investing in manufacturing communities partnership to receive an award from the federal government. Advance Michigan is the multijurisdictional collaborative working with this partnership. The intent of Advance Michigan is to assist businesses in securing federal funding opportunities and provide matching funds in support of advancing Michigan as a global center for advanced automotive manufacturing. The intent of these funds will involve improving and increasing the skill level of employees in skilled trades in the automotive industry and the manufacturing processes within the changing manufacturing environment. Sec. 1068. (1) Of the funds appropriated in part 1 for the workforce training programs, the talent investment agency shall provide a report by February 15 to the senate and house of representatives standing committees on appropriations subcommittees on general government, the state budget director, and the fiscal agencies on the status of the workforce training programs. The report shall include the following: (a) The amount of funding allocated to each Michigan Works! agency and the total funding allocated to the workforce training programs statewide by fund source. (b) The number of participants enrolled in education or training programs by each Michigan Works! agency. (c) The average duration of training for training program participants by each Michigan Works! agency. (d) The number of participants enrolled in remedial education programs and the number of participants enrolled in literacy programs. (e) The number of participants enrolled in programs at 2-year institutions. (f) The number of participants enrolled in 4-year institutions. (g) The number of participants enrolled in proprietary schools or other technical training programs. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 935 (h) The number of participants that have completed education or training programs. (i) The number of participants who secured employment in Michigan within 1 year of completing a training program. (j) The number of participants who completed a training program and secured employment in a field related to their training. (k) The average wage earned by participants who completed a training program and secured employment within 1 year. (2) Data collection for the report shall be for the prior state fiscal year. Sec. 1069. (1) The funds appropriated in article VIII of 2014 PA 252 for the GED-to-school program are for the purpose of funding the cost of GED testing and certification as provided by this section. The workforce development agency shall administer a Michigan GED-to-school program, which shall cover the cost of providing the GED test free of charge to individuals who meet all of the following requirements: (a) The individual has not previously been administered a GED test free of charge under this section. (b) The individual meets at least 1 of the following requirements: (i) Prior to taking the GED test, the individual successfully completed a WDA-approved GED preparation program. (ii) Prior to taking the GED test, the individual completes the official GED practice test and the individual’s score indicates that he or she is likely to pass. (2) A WDA-approved GED preparation program shall include all of the following: (a) Instructional and tutorial assistance. (b) GED test practice. (c) Required attendance at program instructional sessions. (d) A curriculum that prepares students for opportunities in postsecondary education and the job market. (e) Information on potential postsecondary and career pathways. (f) Counseling on preparing for and applying to college. (g) Personal and job readiness skills development. (h) Comprehensive information on college costs and financial aid. (i) College and career assessments. (j) Computer-based instruction, practice, or remediation. (3) By January 1, 2016, the workforce development agency shall post online an announcement of the Michigan GEDto-school program, minimum standards for GED preparation program approval, and approval procedures. (4) By April 1, 2016, the workforce development agency shall do all of the following: (a) Develop procedures consistent with this section under which individuals can take the GED test without charge. (b) Provide program information for educators and students on the workforce development agency website, including explanations of the procedures developed under subdivisions (a) and (b), and contact information for questions about the program. (c) Provide an estimate of the full-year cost of the program to the senate and house appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget director. (5) By September 30, 2016, the workforce development agency shall report to the senate and house appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget director on utilization of the GED incentive program, including numbers of GED certifications issued by location, year-to-date expenditures, and numbers of participants qualifying under subsection (1)(b)(i) or (ii), or both. (6) The unexpended funds appropriated in article VIII of 2014 PA 252 for the GED-to-school program are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the project is to fund the cost of GED testing and certification for certain individuals as provided by this section. (b) The projects will be accomplished by utilizing state employees or contracts with private vendors, or both. (c) The total estimated cost of the project is $500,000.00. (d) The tentative completion date is September 30, 2020. Sec. 1070. Unless already provided in fiscal year 2014-2015, the department of talent and economic development shall submit to the senate and house appropriations subcommittees on general government, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office by December 1 of the current fiscal year a report on the recommendations of the workgroup established in section 1070 of article VIII of 2014 PA 252 on aligning spending on Michigan Works! job readiness programs with the declining family assistance program caseload. The report shall include, but is not limited to, the proposed amount of temporary assistance for needy families funding provided to Michigan Works!. Sec. 1076. The unemployment insurance agency shall provide the senate and house appropriations subcommittees on general government, senate and house fiscal agencies, and the state budget office with quarterly status reports on the implementation of and improvements to the agency’s integrated system project. The quarterly status reports shall include, but not be limited to, a summary of the expenditures for the project, a summary of the tasks completed, and a summary of the tasks anticipated to be completed in the subsequent quarter. 936 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 Sec. 1077. The department of talent and economic development shall report quarterly to the members of the house and senate committees on appropriations, the senate and house fiscal agencies, and the state budget director on the percentage of unemployment claimants that meet the certification requirements for receiving benefits by using the Internet Michigan web account manager system or any application developed for that purpose. The department of talent and economic development shall implement improvements to the Internet Michigan web account manager system that promote greater ease of access and security with a goal of reaching 75% of users certifying by using the Internet Michigan web account manager system or another system that reduces staff face time and Michigan automated response voice interactive network telephone system usage. Sec. 1078. (1) From the funds appropriated in part 1 for the unemployment insurance agency, the department of talent and economic development shall maintain customer service standards for employers and claimants making use of the various means by which they can access the system. (2) The department of talent and economic development shall identify specific outcomes and performance metrics for this initiative, including, but not limited to, the following: (a) Unemployment benefit fund balance. (b) Process improvement - fiscal integrity. (c) Process improvement - determination timeliness. (d) Process improvement - determination quality. Sec. 1079. (1) From the funds appropriated in part 1 for the career technology and skilled trades training programs, the department of talent and economic development shall expand workforce training and re-employment services to better connect workers to in-demand jobs. (2) The department shall identify specific outcomes and performance metrics for this initiative, including, but not limited to, the following: (a) New apprenticeships. (b) The jobs created, jobs retained, training completion rate, employment retention rate at 6 months, and hourly wage rate at 6 months for the skilled trades training program. STATE BUILDING AUTHORITY Sec. 1100. (1) Subject to section 242 of the management and budget act, 1984 PA 431, MCL 18.1242, and upon the approval of the state building authority, the department of treasury may expend from the general fund of the state during the fiscal year an amount to meet the cash flow requirements of those state building authority projects solely for lease to a state agency identified in both part 1 and this section, and for which state building authority bonds or notes have not been issued, and for the sole acquisition by the state building authority of equipment and furnishings for lease to a state agency as permitted by 1964 PA 183, MCL 830.411 to 830.425, for which the issuance of bonds or notes is authorized by a legislative appropriation act that is effective for the fiscal year ending September 30, 2015. Any general fund advances for which state building authority bonds have not been issued shall bear an interest cost to the state building authority at a rate not to exceed that earned by the state treasurer’s common cash fund during the period in which the advances are outstanding and are repaid to the general fund of the state. (2) Upon sale of bonds or notes for the projects identified in part 1 or for equipment as authorized by a legislative appropriation act and in this section, the state building authority shall credit the general fund of the state an amount equal to that expended from the general fund plus interest, if any, as defined in this section. (3) For state building authority projects for which bonds or notes have been issued and upon the request of the state building authority, the state treasurer shall make advances without interest from the general fund as necessary to meet cash flow requirements for the projects, which advances shall be reimbursed by the state building authority when the investments earmarked for the financing of the projects mature. (4) In the event that a project identified in part 1 is terminated after final design is complete, advances made on behalf of the state building authority for the costs of final design shall be repaid to the general fund in a manner recommended by the director. Sec. 1102. (1) State building authority funding to finance construction or renovation of a facility that collects revenue in excess of money required for the operation of that facility shall not be released to a university or community college unless the institution agrees to reimburse that excess revenue to the state building authority. The excess revenue shall be credited to the general fund to offset rent obligations associated with the retirement of bonds issued for that facility. The auditor general shall annually identify and present an audit of those facilities that are subject to this section. Costs associated with the administration of the audit shall be charged against money recovered pursuant to this section. (2) As used in this section, “revenue” includes state appropriations, facility opening money, other state aid, indirect cost reimbursement, and other revenue generated by the activities of the facility. Sec. 1103. The state building authority shall provide to the JCOS and senate and house fiscal agencies a report relative to the status of construction projects associated with state building authority bonds as of September 30 of each year, on or before October 15, or not more than 30 days after a refinancing or restructuring bond issue is sold. The report shall include, but is not limited to, the following: (a) A list of all completed construction projects for which state building authority bonds have been sold, and which bonds are currently active. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 937 (b) A list of all projects under construction for which sale of state building authority bonds is pending. (c) A list of all projects authorized for construction or identified in an appropriations act for which approval of schematic/preliminary plans or total authorized cost is pending that have state building authority bonds identified as a source of financing. REVENUE STATEMENT Sec. 1201. Pursuant to section 18 of article V of the state constitution of 1963, fund balances and estimates are presented in the following statement: BUDGET RECOMMENDATIONS BY OPERATING FUNDS (Amounts in millions) Fiscal Year 2015-2016 Beginning Available Estimated Ending Fund Balance Revenue Balance OPERATING FUNDS General fund/general purpose.................................................... 0110 204.9 9,974.6 14.3 General fund/special purpose..................................................... 612.5 26,410.4 10.6 Special Revenue Funds: Countercyclical budget and economic stabilization................... 0111 498.3 114.0 612.3 Game and fish protection........................................................... 0112 3.3 82.9 3.1 Michigan employment security act administration.................... 0113 0.0 37.4 0.0 State aeronautics........................................................................ 0114 2.3 12.6 0.0 Michigan veterans’ benefit trust................................................ 0115 3.5 3.5 3.5 State trunkline............................................................................ 0116 0.0 809.6 0.0 Michigan state waterways.......................................................... 0117 5.4 26.6 4.3 Blue Water Bridge...................................................................... 0118 0.0 24.0 0.0 Michigan transportation............................................................. 0119 0.0 1,981.3 0.0 Comprehensive transportation................................................... 0120 5.1 267.3 0.0 School aid................................................................................... 0122 140.5 14,267.9 50.0 Game and fish protection trust................................................... 0124 0.0 16.6 0.0 State park improvement............................................................. 0125 4.7 55.7 4.1 Forest development.................................................................... 0126 7.7 35.9 6.9 Michigan natural resources trust................................................ 0129 27.4 33.7 32.1 Michigan state parks endowment............................................... 0130 12.5 48.4 10.2 Safety education and training..................................................... 0131 5.2 9.8 3.8 Bottle deposit............................................................................. 0136 10.8 13.3 3.3 State construction code.............................................................. 0138 1.0 13.0 4.4 Children’s trust........................................................................... 0139 1.5 3.1 1.8 State casino gaming................................................................... 0140 0.7 0.2 0.9 Michigan nongame fish and wildlife......................................... 0143 0.4 0.5 0.3 Michigan merit award trust........................................................ 0154 75.7 100.2 75.0 Outdoor recreation legacy.......................................................... 0162 0.4 2.6 0.3 Off-road vehicle account............................................................ 0163 4.6 6.7 4.1 Snowmobile account.................................................................. 0164 4.5 9.9 3.3 Silicosis dust disease and logging.............................................. 0870 1.4 0.7 0.9 Utility consumer representation................................................. 0893 2.1 1.2 1.9 TOTALS..................................................................................... $1,636.4 $54,363.6 $851.4 PART 2A PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS FOR FISCAL YEAR 2016-2017 GENERAL SECTIONS Sec. 1301. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2017 for the line items listed in part 1. The fiscal year 2016-2017 appropriations are anticipated to be the same as those for fiscal year 2015-2016, except that the line items will be adjusted for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2016 consensus revenue estimating conference. 938 JOURNAL OF THE SENATE [June 3, 2015] ARTICLE X DEPARTMENT OF HEALTH AND HUMAN SERVICES PART 1 LINE-ITEM APPROPRIATIONS [No. 52 Sec. 101. There is appropriated for the department of health and human services for the fiscal year ending September 30, 2016 from the following funds: DEPARTMENT OF HEALTH AND HUMAN SERVICES APPROPRIATION SUMMARY Full-time equated unclassified positions............................................................................. 6.0 Full-time equated classified positions........................................................................ 15,437.0 Average population.......................................................................................................... 893.0 GROSS APPROPRIATION.......................................................................................................... $ 25,069,637,100 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 13,551,600 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 25,056,085,500 Federal revenues: Social security act, temporary assistance for needy families....................................................... 534,207,800 Capped federal revenues............................................................................................................... 596,693,800 Total other federal revenues......................................................................................................... 17,288,367,300 Special revenue funds: Total local revenues...................................................................................................................... 123,339,800 Total private revenues................................................................................................................... 156,409,100 Total local and private revenues................................................................................................... 279,748,900 Merit award trust fund.................................................................................................................. 98,434,700 Total other state restricted revenues............................................................................................. 2,115,834,900 State general fund/general purpose.............................................................................................. $ 4,142,798,100 Sec. 102. DEPARTMENTWIDE ADMINISTRATION Full-time equated unclassified positions............................................................................. 6.0 Full-time equated classified positions............................................................................. 649.2 Director and other unclassified—6.0 FTE positions.................................................................... $ 1,092,000 Departmental administration and management—455.2 FTE positions........................................ 56,005,600 Contractual services, supplies, and materials............................................................................... 12,680,800 Demonstration projects—7.0 FTE positions................................................................................ 6,905,100 Developmental disabilities council and projects—10.0 FTE positions........................................ 3,038,900 Information technology projects and services.............................................................................. 151,516,300 Michigan Medicaid information system....................................................................................... 50,201,100 Office of inspector general—177.0 FTE positions....................................................................... 20,188,500 Rent and state office facilities...................................................................................................... 60,332,500 State office of administrative hearings and rules......................................................................... 10,807,800 Terminal pay and other employee costs....................................................................................... 10,320,200 Travel............................................................................................................................................ 9,208,900 Worker’s compensation program.................................................................................................. 7,667,000 GROSS APPROPRIATION.......................................................................................................... $ 399,964,700 Appropriated from: Interdepartmental grant revenues: IDG from department of education.............................................................................................. 2,963,500 Federal revenues: Social security act, temporary assistance for needy families....................................................... 37,861,900 Capped federal revenues............................................................................................................... 43,648,700 Total other federal revenues......................................................................................................... 142,291,100 Special revenue funds: Total local revenues...................................................................................................................... 16,400 Total private revenues................................................................................................................... 23,842,000 Total other state restricted revenues............................................................................................. 2,825,700 State general fund/general purpose.............................................................................................. $ 146,515,400 Sec. 103. CHILD SUPPORT ENFORCEMENT Full-time equated classified positions............................................................................. 185.7 Child support enforcement operations—179.7 FTE positions..................................................... $ 21,288,300 Legal support contracts................................................................................................................ 113,359,100 No. 52] [June 3, 2015] JOURNAL OF THE SENATE Child support incentive payments................................................................................................ $ State disbursement unit—6.0 FTE positions................................................................................ Child support automation............................................................................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Capped federal revenues............................................................................................................... Total other federal revenues......................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 104. COMMUNITY SERVICES AND OUTREACH Full-time equated classified positions............................................................................... 46.6 Bureau of community services and outreach—16.0 FTE positions............................................. $ Community services block grant.................................................................................................. Weatherization assistance............................................................................................................. School success partnership program............................................................................................ Homeless programs...................................................................................................................... Domestic violence prevention and treatment—14.6 FTE positions............................................. Rape prevention and services—0.5 FTE position........................................................................ Child advocacy centers—0.5 FTE position.................................................................................. Michigan community service commission—15.0 FTE positions................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Social security act, temporary assistance for needy families....................................................... Capped federal revenues............................................................................................................... Special revenue funds: Private - collections...................................................................................................................... Compulsive gambling prevention fund......................................................................................... Sexual assault victims’ prevention and treatment fund................................................................ Child advocacy centers fund........................................................................................................ State general fund/general purpose.............................................................................................. $ Sec. 105. CHILDREN’S SERVICES AGENCY - CHILD WELFARE Full-time equated classified positions.......................................................................... 3,892.2 Children’s services administration—166.0 FTE positions........................................................... $ Title IV-E compliance and accountability office—4.0 FTE positions......................................... Child welfare institute—45.0 FTE positions................................................................................ Child welfare field staff - caseload compliance—2,511.0 FTE positions.................................... Child welfare field staff - noncaseload compliance—320.0 FTE positions................................. Education planners—15.0 FTE positions..................................................................................... Peer coaches—45.5 FTE positions............................................................................................... Child welfare first line supervisors—578.0 FTE positions.......................................................... Second line supervisors and technical staff—54.0 FTE positions............................................... Permanency resource managers—28.0 FTE positions................................................................. Contractual services, supplies, and materials............................................................................... Settlement monitor....................................................................................................................... Foster care payments.................................................................................................................... Guardianship assistance program................................................................................................. Child care fund............................................................................................................................. Child care fund administration—6.2 FTE positions..................................................................... Adoption subsidies....................................................................................................................... Adoption support services—10.0 FTE positions.......................................................................... Youth in transition—4.5 FTE positions........................................................................................ Child welfare medical/psychiatric evaluations............................................................................. Psychotropic oversight................................................................................................................. Performance based funding implementation—3.0 FTE positions................................................ Family support subsidy................................................................................................................ 939 For Fiscal Year Ending Sept. 30, 2016 24,409,600 8,080,700 41,877,600 209,015,300 11,395,000 163,700,200 33,920,100 2,065,600 25,840,000 16,340,000 450,000 15,721,900 15,727,100 5,072,300 2,000,000 11,593,900 94,810,800 11,673,100 66,215,400 44,100 1,040,500 3,000,000 2,000,000 10,837,700 18,637,200 412,000 7,687,400 225,483,300 32,881,200 1,485,300 5,567,700 70,618,000 8,650,900 3,095,400 9,274,000 1,885,800 187,783,300 9,223,400 177,131,800 788,100 229,337,200 27,243,600 15,006,900 8,735,500 618,200 1,772,100 17,633,600 940 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 For Fiscal Year Ending Sept. 30, 2016 Interstate compact......................................................................................................................... $ 179,600 Strong families/safe children........................................................................................................ 12,350,100 Family preservation programs—23.0 FTE positions.................................................................... 38,857,500 Family preservation and prevention services administration—9.0 FTE positions....................... 1,263,100 Child abuse and neglect - children’s justice act—1.0 FTE position............................................ 619,100 Children’s trust fund—12.0 FTE positions.................................................................................. 3,301,800 Attorney general contract............................................................................................................. 4,224,900 Prosecuting attorney general contracts......................................................................................... 2,561,700 Child protection............................................................................................................................ 800,300 Child welfare licensing—57.0 FTE positions.............................................................................. 5,884,600 GROSS APPROPRIATION.......................................................................................................... $ 1,130,994,600 Appropriated from: Interdepartmental grant revenues: IDG from department of education.............................................................................................. 89,100 Federal revenues: Social security act, temporary assistance for needy families....................................................... 332,408,500 Capped federal revenues............................................................................................................... 108,972,100 Total other federal revenues......................................................................................................... 249,976,400 Special revenue funds: Private - collections...................................................................................................................... 2,805,900 Local funds - county chargeback................................................................................................. 14,194,000 Children’s trust fund..................................................................................................................... 2,076,900 State general fund/general purpose.............................................................................................. $ 420,471,700 Sec. 106. CHILDREN’S SERVICES AGENCY - JUVENILE JUSTICE Full-time equated classified positions............................................................................. 112.0 W.J. Maxey training school.......................................................................................................... $ 1,000,000 Bay pines center—42.0 FTE positions......................................................................................... 4,823,100 Shawono center—42.0 FTE positions.......................................................................................... 4,908,200 County juvenile officers............................................................................................................... 3,904,300 Community support services—3.0 FTE positions........................................................................ 2,097,900 Juvenile justice, administration and maintenance—22.0 FTE positions...................................... 3,491,800 Juvenile accountability block grant—0.5 FTE position............................................................... 1,281,300 Committee on juvenile justice administration—2.5 FTE positions.............................................. 343,500 Committee on juvenile justice grants........................................................................................... 3,000,000 In-home community care.............................................................................................................. 400,000 GROSS APPROPRIATION.......................................................................................................... $ 25,250,100 Appropriated from: Federal revenues: Capped federal revenues............................................................................................................... 9,232,700 Special revenue funds: Local funds - state share education funds.................................................................................... 2,189,900 Local funds - county chargeback................................................................................................. 3,518,800 State general fund/general purpose.............................................................................................. $ 10,308,700 Sec. 107. PUBLIC ASSISTANCE Full-time equated classified positions................................................................................. 8.0 Family independence program..................................................................................................... $ 112,992,700 State disability assistance payments............................................................................................. 14,018,300 Food assistance program benefits................................................................................................. 2,419,025,900 State supplementation................................................................................................................... 63,194,100 State supplementation administration........................................................................................... 2,381,100 Low-income home energy assistance program............................................................................. 174,951,600 Food bank funding....................................................................................................................... 1,795,000 Multicultural integration funding................................................................................................. 11,858,300 Indigent burial.............................................................................................................................. 4,300,000 Emergency services local office allocations................................................................................. 10,357,500 Michigan energy assistance program—1.0 FTE position............................................................. 50,000,000 Refugee assistance program—7.0 FTE positions......................................................................... 27,966,600 GROSS APPROPRIATION.......................................................................................................... $ 2,892,841,100 No. 52] [June 3, 2015] JOURNAL OF THE SENATE 941 For Fiscal Year Ending Sept. 30, 2016 Appropriated from: Federal revenues: Social security act, temporary assistance for needy families....................................................... $ 49,617,900 Capped federal revenues............................................................................................................... 203,100,300 Total other federal revenues......................................................................................................... 2,413,538,300 Special revenue funds: Child support collections.............................................................................................................. 12,168,700 Supplemental security income recoveries.................................................................................... 5,470,900 Public assistance recoupment revenue.......................................................................................... 6,290,000 Low-income energy assistance fund............................................................................................. 50,000,000 Michigan merit award trust fund.................................................................................................. 30,100,000 State general fund/general purpose.............................................................................................. $ 122,555,000 Sec. 108. FIELD OPERATIONS AND SUPPORT SERVICES Full-time equated classified positions.......................................................................... 6,488.5 Public assistance field staff—4,693.5 FTE positions................................................................... $ 463,295,300 Contractual services, supplies, and materials............................................................................... 17,224,900 Medical/psychiatric evaluations.................................................................................................... 1,420,100 Donated funds positions—538.0 FTE positions........................................................................... 60,147,600 Training and program support—17.0 FTE positions.................................................................... 2,047,700 Volunteer services and reimbursement......................................................................................... 942,400 Field policy and administration—66.0 FTE positions.................................................................. 8,394,000 Adult services field staff—425.0 FTE positions.......................................................................... 43,807,400 Nutrition education—2.0 FTE positions...................................................................................... 23,036,600 Employment and training support services.................................................................................. 4,219,100 Michigan rehabilitation services—526.0 FTE positions.............................................................. 130,927,900 Independent living........................................................................................................................ 12,031,600 Wage employment verification reporting..................................................................................... 337,100 Electronic benefit transfer (EBT)................................................................................................. 8,509,000 Administrative support workers—221.0 FTE positions............................................................... 12,453,700 GROSS APPROPRIATION.......................................................................................................... $ 788,794,400 Appropriated from: Interdepartmental grant revenues: IDG from department of corrections............................................................................................ 100,000 IDG from department of education.............................................................................................. 7,503,700 Federal revenues: Social security act, temporary assistance for needy families....................................................... 97,885,900 Capped federal revenues............................................................................................................... 152,035,600 Federal supplemental security income......................................................................................... 8,588,600 Total other federal revenues......................................................................................................... 242,036,700 Special revenue funds: Local funds - donated funds......................................................................................................... 10,934,300 Local vocational rehabilitation match.......................................................................................... 6,534,600 Private funds - donated funds....................................................................................................... 18,199,000 Private funds - gifts, bequests, and donations.............................................................................. 1,854,600 Rehabilitation service fees............................................................................................................ 1,442,000 Second injury fund....................................................................................................................... 149,400 State general fund/general purpose.............................................................................................. $ 241,530,000 Sec. 109. DISABILITY DETERMINATION SERVICES Full-time equated classified positions............................................................................. 587.4 Disability determination operations—583.3 FTE positions......................................................... $ 109,419,900 Retirement disability determination—4.1 FTE positions............................................................. 591,200 GROSS APPROPRIATION.......................................................................................................... $ 110,011,100 Appropriated from: Interdepartmental grant revenues: IDG from department of technology, management, and budget - office of retirement services... 763,800 942 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 For Fiscal Year Ending Sept. 30, 2016 Federal revenues: Total other federal revenues......................................................................................................... $ 106,009,400 State general fund/general purpose.............................................................................................. $ 3,237,900 Sec. 110. BEHAVIORAL HEALTH PROGRAM ADMINISTRATION AND SPECIAL PROJECTS Full-time equated classified positions............................................................................. 106.0 Behavioral health program administration—105.0 FTE positions............................................... $ 61,874,500 Gambling addiction—1.0 FTE position....................................................................................... 3,003,700 Protection and advocacy services support.................................................................................... 194,400 Community residential and support services................................................................................ 592,100 Federal and other special projects................................................................................................ 2,535,600 Housing and support services....................................................................................................... 13,238,800 GROSS APPROPRIATION.......................................................................................................... $ 81,439,100 Appropriated from: Federal revenues: Social security act, temporary assistance for needy families....................................................... 180,500 Total other federal revenues......................................................................................................... 47,889,000 Special revenue funds: Total private revenues................................................................................................................... 1,000,000 Total other state restricted revenues............................................................................................. 3,003,700 State general fund/general purpose.............................................................................................. $ 29,365,900 Sec. 111. BEHAVIORAL HEALTH SERVICES Full-time equated classified positions................................................................................. 9.5 Medicaid mental health services.................................................................................................. $ 2,383,364,300 Community mental health non-Medicaid services....................................................................... 117,050,400 Medicaid substance use disorder services.................................................................................... 47,495,700 Civil service charges.................................................................................................................... 1,499,300 Federal mental health block grant—2.5 FTE positions................................................................ 15,444,600 State disability assistance program substance use disorder services............................................ 2,018,800 Community substance use disorder prevention, education, and treatment................................... 73,811,800 Children’s waiver home care program......................................................................................... 20,000,000 Nursing home PAS/ARR-OBRA—7.0 FTE positions.................................................................. 12,258,800 Children with serious emotional disturbance waiver................................................................... 12,647,900 Health homes................................................................................................................................ 3,369,000 Healthy Michigan plan - behavioral health.................................................................................. 355,432,600 Autism services............................................................................................................................ 36,418,500 University autism programs.......................................................................................................... 2,500,000 GROSS APPROPRIATION.......................................................................................................... $ 3,083,311,700 Appropriated from: Federal revenues: Total other federal revenues......................................................................................................... 2,084,174,300 Special revenue funds: Total local revenues...................................................................................................................... 25,475,800 Total other state restricted revenues............................................................................................. 22,512,700 State general fund/general purpose.............................................................................................. $ 951,148,900 Sec. 112. STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL HEALTH SERVICES Total average population.................................................................................................. 893.0 Full-time equated classified positions.......................................................................... 2,130.9 Caro Regional Mental Health Center - psychiatric hospital - adult—461.3 FTE positions........ $ 56,313,400 Average population.......................................................................................................... 185.0 Kalamazoo Psychiatric Hospital - adult—466.1 FTE positions................................................... 64,459,400 Average population.......................................................................................................... 189.0 Walter P. Reuther Psychiatric Hospital - adult—420.8 FTE positions......................................... 55,835,000 Average population.......................................................................................................... 234.0 No. 52] [June 3, 2015] JOURNAL OF THE SENATE 943 For Fiscal Year Ending Sept. 30, 2016 Hawthorn Center - psychiatric hospital - children and adolescents—226.4 FTE positions......... $ 28,735,600 Average population............................................................................................................ 75.0 Center for forensic psychiatry—556.3 FTE positions.................................................................. 72,538,000 Average population.......................................................................................................... 210.0 Revenue recapture........................................................................................................................ 750,000 IDEA, federal special education................................................................................................... 120,000 Special maintenance..................................................................................................................... 332,500 Purchase of medical services for residents of hospitals and centers............................................ 445,600 Gifts and bequests for patient living and treatment environment................................................ 1,000,000 GROSS APPROPRIATION.......................................................................................................... $ 280,529,500 Appropriated from: Federal revenues: Total other federal revenues......................................................................................................... 34,711,200 Special revenue funds: Other local revenues..................................................................................................................... 19,480,700 Total private revenues................................................................................................................... 1,000,000 Total other state restricted revenues............................................................................................. 18,868,500 State general fund/general purpose.............................................................................................. $ 206,469,100 Sec. 113. PUBLIC HEALTH ADMINISTRATION Full-time equated classified positions............................................................................. 100.4 Public health administration—7.3 FTE positions......................................................................... $ 1,567,800 Health and wellness initiatives—11.7 FTE positions................................................................... 8,946,400 Vital records and health statistics—81.4 FTE positions.............................................................. 11,763,400 GROSS APPROPRIATION.......................................................................................................... $ 22,277,600 Appropriated from: Federal revenues: Capped federal revenues............................................................................................................... 81,100 Total other federal revenues......................................................................................................... 4,343,800 Special revenue funds: Total other state restricted revenues............................................................................................. 12,337,600 State general fund/general purpose.............................................................................................. $ 5,515,100 Sec. 114. HEALTH POLICY Full-time equated classified positions............................................................................... 64.8 Bone marrow transplant registry.................................................................................................. $ 250,000 Certificate of need program administration—12.3 FTE positions............................................... 2,781,400 Emergency medical services program—23.0 FTE positions........................................................ 6,415,200 Health innovation grants............................................................................................................... 1,500,000 Health policy administration—24.1 FTE positions...................................................................... 28,106,300 Human trafficking intervention services....................................................................................... 200,000 Michigan essential health provider............................................................................................... 3,591,300 Minority health grants and contracts............................................................................................ 612,700 Nurse education and research program—3.0 FTE positions........................................................ 1,041,500 Primary care services—1.4 FTE positions................................................................................... 4,067,500 Rural health services—1.0 FTE position..................................................................................... 1,555,500 GROSS APPROPRIATION.......................................................................................................... $ 50,121,400 Appropriated from: Interdepartmental grant revenues: Interdepartmental grant from the department of licensing and regulatory affairs....................... 1,041,500 Interdepartmental grant from the department of treasury, Michigan state hospital finance authority.................................................................................................................................... 116,000 Federal revenues: Total other federal revenues......................................................................................................... 32,987,200 Special revenue funds: Total private revenues................................................................................................................... 865,000 Total other state restricted revenues............................................................................................. 6,561,700 State general fund/general purpose.............................................................................................. $ 8,550,000 944 JOURNAL OF THE SENATE [June 3, 2015] Sec. 115. LABORATORY SERVICES Full-time equated classified positions............................................................................. 100.0 Laboratory services—100.0 FTE positions.................................................................................. $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: Interdepartmental grant from the department of environmental quality...................................... Federal revenues: Total other federal revenues......................................................................................................... Special revenue funds: Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 116. EPIDEMIOLOGY AND INFECTIOUS DISEASE Full-time equated classified positions............................................................................. 144.9 AIDS surveillance and prevention program................................................................................. $ Bioterrorism preparedness—52.0 FTE positions.......................................................................... Epidemiology administration—41.6 FTE positions..................................................................... Healthy homes program—8.0 FTE positions............................................................................... Immunization program—12.8 FTE positions............................................................................... Newborn screening follow-up and treatment services—10.5 FTE positions............................... Sexually transmitted disease control program—20.0 FTE positions........................................... Tuberculosis control and prevention............................................................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Total other federal revenues......................................................................................................... Special revenue funds: Total private revenues................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 117. LOCAL HEALTH ADMINISTRATION AND GRANTS Full-time equated classified positions................................................................................. 2.0 Essential local public health services........................................................................................... $ Implementation of 1993 PA 133, MCL 333.17015...................................................................... Local health services—2.0 FTE positions.................................................................................... Medicaid outreach cost reimbursement to local health departments............................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Total other federal revenues......................................................................................................... Special revenue funds: Total local revenues...................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 118. CHRONIC DISEASE AND INJURY PREVENTION AND HEALTH PROMOTION Full-time equated classified positions............................................................................. 113.0 AIDS prevention, testing, and care programs—47.7 FTE positions............................................ $ Alzheimer’s disease in-home care pilot....................................................................................... Cancer prevention and control program—13.0 FTE positions..................................................... Chronic disease control and health promotion administration—29.4 FTE positions................... Diabetes and kidney program—8.0 FTE positions...................................................................... Smoking prevention program—12.0 FTE positions..................................................................... Violence prevention—2.9 FTE positions...................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Total other federal revenues......................................................................................................... [No. 52 For Fiscal Year Ending Sept. 30, 2016 20,295,500 20,295,500 974,000 2,294,400 10,261,900 6,765,200 1,854,100 30,077,600 12,455,700 4,384,300 18,817,900 7,223,000 6,246,900 867,000 81,926,500 60,864,000 2,339,000 11,577,900 7,145,600 40,886,100 20,000 536,100 9,000,000 50,442,200 9,536,100 5,150,000 35,756,100 70,423,000 150,000 15,005,800 6,356,200 3,038,100 2,107,600 1,823,700 98,904,400 52,671,100 No. 52] [June 3, 2015] JOURNAL OF THE SENATE Special revenue funds: Total private revenues................................................................................................................... $ Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 119. FAMILY, MATERNAL, AND CHILDREN’S HEALTH SERVICES Full-time equated classified positions............................................................................... 69.6 Childhood lead program—2.5 FTE positions............................................................................... $ Dental programs—3.0 FTE positions........................................................................................... Family, maternal, and children’s health services administration—50.1 FTE positions............... Family planning local agreements................................................................................................ Local MCH services..................................................................................................................... Pregnancy prevention program..................................................................................................... Prenatal care outreach and service delivery support—14.0 FTE positions.................................. Special projects............................................................................................................................ Sudden infant death syndrome program....................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Total other federal revenues......................................................................................................... Special revenue funds: Total local revenues...................................................................................................................... Total private revenues................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 120. WOMEN, INFANTS, AND CHILDREN FOOD AND NUTRITION PROGRAM Full-time equated classified positions............................................................................... 45.0 Women, infants, and children program administration and special projects—45.0 FTE positions... $ Women, infants, and children program local agreements and food costs.................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Total other federal revenues......................................................................................................... Special revenue funds: Total private revenues................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 121. CHILDREN’S SPECIAL HEALTH CARE SERVICES Full-time equated classified positions............................................................................... 46.8 Children’s special health care services administration—44.0 FTE positions.............................. $ Bequests for care and services—2.8 FTE positions..................................................................... Outreach and advocacy................................................................................................................. Nonemergency medical transportation......................................................................................... Medical care and treatment.......................................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Total other federal revenues......................................................................................................... Special revenue funds: Total private revenues................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 122. CRIME VICTIM SERVICES COMMISSION Full-time equated classified positions............................................................................... 13.0 Grants administration services—13.0 FTE positions................................................................... $ Justice assistance grants............................................................................................................... Crime victim rights services grants.............................................................................................. GROSS APPROPRIATION.......................................................................................................... $ 945 For Fiscal Year Ending Sept. 30, 2016 38,778,400 5,534,000 1,920,900 1,563,300 1,818,200 8,437,000 8,310,700 7,018,100 602,100 18,383,000 6,289,100 321,300 52,742,800 42,214,500 75,000 874,500 20,000 9,558,800 17,905,900 256,285,000 274,190,900 213,113,000 61,077,900 0 5,897,900 1,528,200 5,510,000 905,900 188,291,400 202,133,400 106,154,700 1,008,900 3,858,400 91,111,400 2,129,800 15,000,000 16,870,000 33,999,800 946 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 For Fiscal Year Ending Sept. 30, 2016 Appropriated from: Federal revenues: Total other federal revenues......................................................................................................... $ 18,697,500 Special revenue funds: Total other state restricted revenues............................................................................................. 15,302,300 State general fund/general purpose.............................................................................................. $ 0 Sec. 123. AGING AND ADULT SERVICES AGENCY Full-time equated classified positions............................................................................... 58.0 Aging and adult services administration—58.0 FTE positions.................................................... $ 10,904,100 Community services..................................................................................................................... 39,013,900 Elder law of Michigan MiCAFE contract.................................................................................... 350,000 Nutrition services......................................................................................................................... 39,044,000 Employment assistance................................................................................................................. 3,500,000 Program of all-inclusive care for the elderly............................................................................... 65,938,500 Respite care program.................................................................................................................... 5,868,700 Senior volunteer service programs............................................................................................... 4,465,300 GROSS APPROPRIATION.......................................................................................................... $ 169,084,500 Appropriated from: Federal revenues: Capped federal revenues............................................................................................................... 1,102,200 Total other federal revenues......................................................................................................... 101,673,200 Special revenue funds: Total private revenues................................................................................................................... 520,000 Merit award trust fund.................................................................................................................. 4,068,700 Total other state restricted revenues............................................................................................. 1,400,000 State general fund/general purpose.............................................................................................. $ 60,320,400 Sec. 124. MEDICAL SERVICES ADMINISTRATION Full-time equated classified positions............................................................................. 463.5 Medical services administration—403.5 FTE positions............................................................... $ 85,696,300 Healthy Michigan plan administration—36.0 FTE positions....................................................... 68,878,600 Facility inspection contract.......................................................................................................... 132,800 MIChild administration................................................................................................................ 3,500,000 Electronic health record incentive program—24.0 FTE positions............................................... 144,226,200 GROSS APPROPRIATION.......................................................................................................... $ 302,433,900 Appropriated from: Federal revenues: Social security act, temporary assistance for needy families....................................................... 4,180,000 Capped federal revenues............................................................................................................... 910,700 Total other federal revenues......................................................................................................... 246,873,600 Special revenue funds: Total local revenues...................................................................................................................... 105,700 Total private revenues................................................................................................................... 99,800 Total other state restricted revenues............................................................................................. 331,300 State general fund/general purpose.............................................................................................. $ 49,932,800 Sec. 125. MEDICAL SERVICES Hospital services and therapy....................................................................................................... $ 1,139,960,500 Hospital disproportionate share payments.................................................................................... 45,000,000 Physician services......................................................................................................................... 334,848,800 Medicare premium payments....................................................................................................... 410,077,800 Pharmaceutical services................................................................................................................ 300,132,400 Home health services................................................................................................................... 5,893,100 Hospice services........................................................................................................................... 107,768,400 Transportation............................................................................................................................... 21,636,100 Auxiliary medical services........................................................................................................... 6,339,600 Dental services............................................................................................................................. 233,674,300 Ambulance services...................................................................................................................... 18,987,700 No. 52] [June 3, 2015] JOURNAL OF THE SENATE 947 For Fiscal Year Ending Sept. 30, 2016 Long-term care services............................................................................................................... $ 1,396,577,100 Integrated care organizations........................................................................................................ 454,700,000 Medicaid home- and community-based services waiver.............................................................. 329,692,700 Adult home help services............................................................................................................. 303,047,800 Personal care services................................................................................................................... 11,762,300 Health plan services..................................................................................................................... 5,011,623,000 MIChild program.......................................................................................................................... 22,211,200 Federal Medicare pharmaceutical program.................................................................................. 203,481,400 Maternal and child health............................................................................................................. 20,279,500 Healthy Michigan plan................................................................................................................. 3,726,633,700 Subtotal basic medical services program..................................................................................... 14,104,327,400 School-based services................................................................................................................... 112,102,700 Dental clinic program................................................................................................................... 1,000,000 Special Medicaid reimbursement................................................................................................. 388,891,700 Subtotal special medical services payments................................................................................. 501,994,400 GROSS APPROPRIATION.......................................................................................................... $ 14,606,321,800 Appropriated from: Federal revenues: Total other federal revenues......................................................................................................... 10,904,029,000 Special revenue funds: Total local revenues...................................................................................................................... 35,664,600 Total private revenues................................................................................................................... 2,100,000 Merit award trust fund.................................................................................................................. 64,266,000 Total other state restricted revenues............................................................................................. 1,917,800,800 State general fund/general purpose.............................................................................................. $ 1,682,461,400 Sec. 126. ONE-TIME BASIS ONLY APPROPRIATIONS Pay for success contracts.............................................................................................................. $ 1,500,000 Mental health commission recommendations............................................................................... 1,500,000 Employment and training support services.................................................................................. 800,000 Drug policy initiatives.................................................................................................................. 1,500,000 Hospice services........................................................................................................................... 2,500,000 GROSS APPROPRIATION.......................................................................................................... $ 7,800,000 Appropriated from: Federal revenues: Social security act, temporary assistance for needy families....................................................... 400,000 State general fund/general purpose.............................................................................................. $ 7,400,000 PART 1B SUPPLEMENTAL LINE-ITEM APPROPRIATIONS Sec. 151. There is appropriated for the departments of community health and human services for the fiscal year ending September 30, 2015, from the following funds: APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ 1,000,607,400 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 0 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 1,000,607,400 Federal revenues: Total federal revenues................................................................................................................... 978,654,700 Special revenue funds: Total local revenues...................................................................................................................... (2,288,800) Total private revenues................................................................................................................... 485,300 Total other state restricted revenues............................................................................................. 9,333,900 State general fund/general purpose.............................................................................................. $ 14,422,300 Sec. 152. DEPARTMENT OF COMMUNITY HEALTH (1) APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ 1,019,662,600 948 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 For Fiscal Year Ending Sept. 30, 2016 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... $ 0 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 1,019,662,600 Federal revenues: Total federal revenues................................................................................................................... 993,680,600 Special revenue funds: Total local revenues...................................................................................................................... 0 Total private revenues................................................................................................................... 0 Total other state restricted revenues............................................................................................. 13,010,100 State general fund/general purpose.............................................................................................. $ 12,971,900 (2) BEHAVIORAL HEALTH SERVICES Medicaid mental health services.................................................................................................. $ 9,232,100 Medicaid substance use disorder services.................................................................................... (951,500) Healthy Michigan plan - behavioral health.................................................................................. 35,131,500 GROSS APPROPRIATION.......................................................................................................... $ 43,412,100 Appropriated from: Federal revenues: Total federal revenues................................................................................................................... 40,558,600 State general fund/general purpose.............................................................................................. $ 2,853,500 (3) CHILDREN’S SPECIAL HEALTH CARE SERVICES Medical care and treatment.......................................................................................................... $ (2,931,700) GROSS APPROPRIATION.......................................................................................................... $ (2,931,700) Appropriated from: Federal revenues: Total federal revenues................................................................................................................... (1,621,200) State general fund/general purpose.............................................................................................. $ (1,310,500) (4) MEDICAL SERVICES Hospital services and therapy....................................................................................................... $ (43,310,000) Physician services......................................................................................................................... (20,246,400) Medicare premium payments....................................................................................................... 2,002,500 Pharmaceutical services................................................................................................................ 1,983,200 Home health services................................................................................................................... (87,800) Hospice services........................................................................................................................... (8,257,400) Transportation............................................................................................................................... (2,667,500) Auxiliary medical services........................................................................................................... (1,369,300) Dental services............................................................................................................................. (12,920,700) Ambulance services...................................................................................................................... (1,123,000) Long-term care services............................................................................................................... 93,623,600 Integrated care organizations........................................................................................................ (30,478,000) Medicaid home- and community-based services waiver.............................................................. (2,206,300) Adult home help services............................................................................................................. (116,800) Personal care services................................................................................................................... (548,700) Program of all-inclusive care for the elderly............................................................................... (17,974,300) Autism services............................................................................................................................ (171,800) Health plan services..................................................................................................................... 89,683,800 MIChild program.......................................................................................................................... 16,096,200 Federal Medicare pharmaceutical program.................................................................................. 3,802,500 Healthy Michigan plan................................................................................................................. 917,634,100 Subtotal basic medical services program..................................................................................... 983,347,900 School-based services................................................................................................................... (4,165,700) Subtotal special medical services payments................................................................................. (4,165,700) GROSS APPROPRIATION.......................................................................................................... $ 979,182,200 Appropriated from: Federal revenues: Total federal revenues................................................................................................................... 954,743,200 No. 52] [June 3, 2015] JOURNAL OF THE SENATE Special revenue funds: Total other state restricted revenues............................................................................................. $ State general fund/general purpose.............................................................................................. $ Sec. 153. DEPARTMENT OF HUMAN SERVICES (1) APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... ADJUSTED GROSS APPROPRIATION..................................................................................... $ Federal revenues: Social security act, temporary assistance for needy families....................................................... Capped federal revenues............................................................................................................... Total other federal revenues......................................................................................................... Special revenue funds: Total local revenues...................................................................................................................... Total private revenues................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ (2) CHILD WELFARE SERVICES Child care fund............................................................................................................................. $ Adoption subsidies....................................................................................................................... Guardianship assistance program................................................................................................. Foster care payments.................................................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Social security act, temporary assistance for needy families....................................................... Capped federal revenues............................................................................................................... Total other federal revenues......................................................................................................... Special revenue funds: Private - collections...................................................................................................................... Local funds - county chargeback................................................................................................. State general fund/general purpose.............................................................................................. $ (3) PUBLIC ASSISTANCE Family independence program..................................................................................................... $ State disability assistance payments............................................................................................. State supplementation................................................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Social security act, temporary assistance for needy families....................................................... Special revenue funds: Child support collections.............................................................................................................. Public assistance recoupment revenue.......................................................................................... Supplemental security income recoveries.................................................................................... State general fund/general purpose.............................................................................................. $ PART 2 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2015-2016 949 For Fiscal Year Ending Sept. 30, 2016 13,010,100 11,428,900 (19,055,200) 0 (19,055,200) (8,896,200) 3,787,500 (9,917,200) (2,288,800) 485,300 (3,676,200) 1,450,400 (4,356,300) (10,119,500) 881,800 4,855,600 (8,738,400) (3,894,000) 3,787,500 (9,917,200) 485,300 (2,288,800) 3,088,800 (10,734,300) 351,500 66,000 (10,316,800) (5,002,200) (2,576,900) (720,000) (379,300) (1,638,400) GENERAL SECTIONS Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2015-2016 is $6,357,067,700.00 and state spending from state resources to be paid to local units of government for fiscal year 2015-2016 is $1,221,145,400.00. The itemized statement below identifies appro­ priations from which spending to local units of government will occur: DEPARTMENT OF HEALTH AND HUMAN SERVICES CHILDREN’S SERVICES AGENCY - CHILD WELFARE Child care fund............................................................................................................................. $ 89,250,000 950 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 CHILDREN’S SERVICES AGENCY - JUVENILE JUSTICE County juvenile officers............................................................................................................... $ 3,100,000 PUBLIC ASSISTANCE Family independence program..................................................................................................... $ 11,700 State disability assistance payments............................................................................................. 966,000 Multicultural integration funding................................................................................................. 3,795,900 BEHAVIORAL HEALTH PROGRAM ADMINISTRATION AND SPECIAL PROJECTS Community residential and support services................................................................................ $ 292,100 Housing and support services....................................................................................................... 667,400 BEHAVIORAL HEALTH SERVICES Medicaid mental health services.................................................................................................. $ 791,137,400 Community mental health non-Medicaid services....................................................................... 117,050,400 Medicaid substance use disorder services.................................................................................... 16,338,900 State disability assistance program substance use disorder services............................................ 2,018,800 Community substance use disorder prevention, education, and treatment................................... 14,553,400 Children’s waiver home care program......................................................................................... 6,880,000 Nursing home PAS/ARR-OBRA.................................................................................................. 2,724,900 LABORATORY SERVICES Laboratory services...................................................................................................................... $ 5,000 EPIDEMIOLOGY AND INFECTIOUS DISEASE Sexually transmitted disease control program.............................................................................. $ 377,000 LOCAL HEALTH ADMINISTRATION AND GRANTS Essential local public health services........................................................................................... $ 34,199,500 Implementation of 1993 PA 133, MCL 333.17015...................................................................... 300 CHRONIC DISEASE AND INJURY PREVENTION AND HEALTH PROMOTION AIDS prevention, testing, and care programs.............................................................................. $ 606,100 Cancer prevention and control program....................................................................................... 116,700 FAMILY, MATERNAL, AND CHILDREN’S HEALTH SERVICES Prenatal care outreach and service delivery support.................................................................... $ 2,044,900 CHILDREN’S SPECIAL HEALTH CARE SERVICES Outreach and advocacy................................................................................................................. $ 2,204,000 Medical care and treatment.......................................................................................................... 949,800 CRIME VICTIM SERVICES COMMISSION Crime victim rights services grants.............................................................................................. $ 6,389,800 AGING AND ADULT SERVICES AGENCY Community services..................................................................................................................... $ 13,333,500 Nutrition services......................................................................................................................... 9,287,000 Respite care program.................................................................................................................... 5,868,700 Senior volunteer service programs............................................................................................... 1,127,900 MEDICAL SERVICES Hospital services and therapy....................................................................................................... $ 2,449,500 Physician services......................................................................................................................... 10,665,900 Dental services............................................................................................................................. 1,202,000 Long-term care services............................................................................................................... 81,530,900 TOTAL OF PAYMENTS TO LOCAL UNITS OF GOVERNMENT.............................................. $ 1,221,145,400 Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. Sec. 203. As used in this part and part 1: (a) “AFC” means adult foster care. (b) “AIDS” means acquired immunodeficiency syndrome. (c) “CMHSP” means a community mental health services program as that term is defined in section 100a of the mental health code, 1974 PA 258, MCL 330.1100a. (d) “Current fiscal year” means the fiscal year ending September 30, 2016. (e) “Department” means the department of health and human services. (f) “Director” means the director of the department. (g) “DSH” means disproportionate share hospital. (h) “EPSDT” means early and periodic screening, diagnosis, and treatment. (i) “Federal poverty level” means the poverty guidelines published annually in the Federal Register by the United States Department of Health and Human Services under its authority to revise the poverty line under 42 USC 9902. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 951 (j) “FTE” means full-time equated. (k) “GME” means graduate medical education. (l) “Health plan” means, at a minimum, an organization that meets the criteria for delivering the comprehensive package of services under the department’s comprehensive health plan. (m) “HEDIS” means healthcare effectiveness data and information set. (n) “HMO” means health maintenance organization. (o) “IDEA” means the individuals with disabilities education act, 20 USC 1400 to 1482. (p) “IDG” means interdepartmental grant. (q) “MCH” means maternal and child health. (r) “Medicare” means subchapter XVIII of the social security act, 42 USC 1395 to 1395lll. (s) “MiCAFE” means Michigan’s coordinated access to food for the elderly. (t) “MIChild” means the program described in section 1670. (u) “PAS/ARR-OBRA” means the preadmission screening and annual resident review required under the omnibus budget reconciliation act of 1987, section 1919(e)(7) of the social security act, 42 USC 1396r. (v) “PIHP” means an entity designated by the department as a regional entity or a specialty prepaid inpatient health plan for Medicaid mental health services, services to individuals with developmental disabilities, and substance use disorder services. Regional entities are described in section 204b of the mental health code, 1974 PA 258, MCL 330.1204b. Specialty prepaid inpatient health plans are described in section 232b of the mental health code, 1974 PA 258, MCL 330.1232b. (w) “Previous fiscal year” means the fiscal year ending September 30, 2015. (x) “Settlement” means the settlement agreement entered in the case of Dwayne B. v Snyder, docket no. 2:06-cv-13548 in the United States district court for the eastern district of Michigan. (y) “SSI” means supplemental security income. (z) “Temporary assistance for needy families” or “TANF” or “title IV-A” means part A of subchapter IV of the social security act, 42 USC 601 to 619. (aa) “Title IV-D” means part D of title IV of the social security act, 42 USC 651 to 669b. (bb) “Title IV-E” means part E of title IV of the social security act, 42 USC 670 to 679c. (cc) “Title X” means title X of the public health service act, 42 USC 300 to 300a-8, which establishes grants to states for family planning services. (dd) “Title XIX” and “Medicaid” mean subchapter XIX of the social security act, 42 USC 1396 to 1396w-5. Sec. 204. In addition to the metrics required under section 447 of the management and budget act, 1984 PA 431, MCL 18.1447, for each new program or program enhancement for which funds in excess of $1,000,000.00 are appropriated in part 1, the department shall provide not later than November 1, 2015 a list of program-specific metrics intended to measure its performance based on a return on taxpayer investment. The department shall deliver the program-specific metrics to members of the senate and house subcommittees on the department budget, fiscal agencies, and the state budget director. The department shall provide an update on its progress in tracking program-specific metrics and the status of program success at an appropriations subcommittee meeting called for by the subcommittee chair. Sec. 205. Pursuant to section 1b of the social welfare act, 1939 PA 280, MCL 400.1b, the department shall treat part 1 and this part as a time-limited addendum to the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b. Sec. 206. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $400,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. These funds shall not be made available to increase TANF authorization. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $45,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $40,000,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $60,000,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 207. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department’s performance. Sec. 208. Unless otherwise specified, the departments and agencies receiving appropriations in part 1 shall use the Internet to fulfill the reporting requirements of this part and part 1. This requirement shall include transmission of reports via electronic mail to the recipients identified for each reporting requirement, and it shall include placement of reports on the Internet. 952 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 Sec. 209. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans if they are competitively priced and of comparable quality. Sec. 210. The director and the director of the aging and adult services agency shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. The director and the director of the aging and adult services agency shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both. Sec. 211. If the revenue collected by the department from fees and collections exceeds the amount appropriated in part 1, the revenue may be carried forward with the approval of the state budget director into the subsequent fiscal year. The revenue carried forward under this section shall be used as the first source of funds in the subsequent fiscal year. Sec. 212. (1) On or before February 1 of the current fiscal year, the department shall report to the house and senate appro­priations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget director on the detailed name and amounts of federal, restricted, private, and local sources of revenue that support the appro­priations in each of the line items in part 1. (2) Upon the release of the next fiscal year executive budget recommendation, the department shall report to the same parties in subsection (1) on the amounts and detailed sources of federal, restricted, private, and local revenue proposed to support the total funds appropriated in each of the line items in part 1 of the next fiscal year executive budget proposal. Sec. 213. The state departments, agencies, and commissions receiving tobacco tax funds and Healthy Michigan fund revenue from part 1 shall report by April 1 of the current fiscal year to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget director on the following: (a) Detailed spending plan by appropriation line item including description of programs and a summary of organizations receiving these funds. (b) Description of allocations or bid processes including need or demand indicators used to determine allocations. (c) Eligibility criteria for program participation and maximum benefit levels where applicable. (d) Outcome measures used to evaluate programs, including measures of the effectiveness of these programs in improving the health of Michigan residents. (e) Any other information considered necessary by the house of representatives or senate appropriations committees or the state budget director. Sec. 214. On a quarterly basis, the department shall report on the number of FTEs in pay status by type of staff. Sec. 215. If a legislative objective of this part or of a bill or amendment to a bill to amend the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, cannot be implemented because implementation would conflict with or violate federal regulations, the department shall notify the state budget director, the chairs of the house and senate subcommittees on the department budget, and the house and senate fiscal agencies and policy offices of that fact. Sec. 216. (1) In addition to funds appropriated in part 1 for all programs and services, there is appropriated for writeoffs of accounts receivable, deferrals, and for prior year obligations in excess of applicable prior year appropriations, an amount equal to total write-offs and prior year obligations, but not to exceed amounts available in prior year revenues. (2) The department’s ability to satisfy appropriation fund sources in part 1 shall not be limited to collections and accruals pertaining to services provided in the current fiscal year, but shall also include reimbursements, refunds, adjustments, and settlements from prior years. Sec. 217. The departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the senate and house appropriations com­mittees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information: (a) The dates of each travel occurrence. (b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues. Sec. 218. The department shall include the following in its annual list of proposed basic health services as required in part 23 of the public health code, 1978 PA 368, MCL 333.2301 to 333.2321: (a) Immunizations. (b) Communicable disease control. (c) Sexually transmitted disease control. (d) Tuberculosis control. (e) Prevention of gonorrhea eye infection in newborns. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 953 (f) Screening newborns for the conditions listed in section 5431 of the public health code, 1978 PA 368, MCL 333.5431, or recommended by the newborn screening quality assurance advisory committee created under section 5430 of the public health code, 1978 PA 368, MCL 333.5430. (g) Health and human services annex of the Michigan emergency management plan. (h) Prenatal care. Sec. 219. (1) The department may contract with the Michigan Public Health Institute for the design and implementation of projects and for other public health-related activities prescribed in section 2611 of the public health code, 1978 PA 368, MCL 333.2611. The department may develop a master agreement with the Institute to carry out these purposes for up to a 3-year period. The department shall report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget director on or before January 1 of the current fiscal year all of the following: (a) A detailed description of each funded project. (b) The amount allocated for each project, the appropriation line item from which the allocation is funded, and the source of financing for each project. (c) The expected project duration. (d) A detailed spending plan for each project, including a list of all subgrantees and the amount allocated to each subgrantee. (2) On or before September 30 of the current fiscal year, the department shall provide to the same parties listed in sub­section (1) a copy of all reports, studies, and publications produced by the Michigan Public Health Institute, its sub­ contractors, or the department with the funds appropriated in part 1 and allocated to the Michigan Public Health Institute. Sec. 220. The department shall ensure that faith-based organizations are able to apply and compete for services, programs, or contracts that they are qualified and suitable to fulfill. The department shall not disqualify faith-based orga­ ni­zations solely on the basis of the religious nature of their organization or their guiding principles or statements of faith. Sec. 222. (1) The department shall provide written notification to the chairpersons of the senate and house appropriations subcommittees on the budget for the department of any policy changes at least 30 days before the implementation date. (2) The department shall make the entire policy and procedures manual available and accessible to the public via the department website. (3) The department shall report no later than April 1 of the current fiscal year on each specific policy change made to implement a public act affecting the department that took effect during the prior calendar year to the house and senate appropriations subcommittees on the budget for the department, the joint committee on administrative rules, and the senate and house fiscal agencies. The department shall attach each policy bulletin issued during the prior calendar year to this report. Sec. 223. The department may establish and collect fees for publications, videos and related materials, conferences, and workshops. Collected fees shall be used to offset expenditures to pay for printing and mailing costs of the publications, videos and related materials, and costs of the workshops and conferences. The department shall not collect fees under this section that exceed the cost of the expenditures. Sec. 224. The department may retain all of the state’s share of food assistance overissuance collections as an offset to general fund/general purpose costs. Retained collections shall be applied against federal funds deductions in all appro­ priation units where department costs related to the investigation and recoupment of food assistance overissuances are incurred. Retained collections in excess of such costs shall be applied against the federal funds deducted in the executive operations appropriation unit. Sec. 225. (1) Sanctions, suspensions, conditions for provisional license status, and other penalties shall not be more stringent for private service providers than for public entities performing equivalent or similar services. (2) Neither the department nor private service providers or licensees shall be granted preferential treatment or con­ sidered automatically to be in compliance with administrative rules based on whether they have collective bargaining agree­ments with direct care workers. Private service providers or licensees without collective bargaining agreements shall not be subjected to additional requirements or conditions of licensure based on their lack of collective bargaining agreements. Sec. 229. Unless already provided in the previous fiscal year, the department shall submit to the senate and house appro­priations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office by December 1 of the current fiscal year a report on the recommendations of the workgroup established in section 229 of article X of 2014 PA 252 on aligning spending on Michigan Works! job readiness programs with the declining family independence program caseload. The report shall include, but is not limited to, the proposed amount of TANF funding provided to Michigan Works! Sec. 231. From the funds appropriated in part 1 for travel reimbursements to employees, the department shall allocate up to $100,000.00 toward reimbursing counties for the out-of-pocket travel costs of the local county department board members and county department directors to attend 1 meeting per year of the Michigan County Social Services Association. 954 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 Sec. 233. By the end of each fiscal quarter of the current fiscal year, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices on the status of the merger, executed according to Executive Order No. 2015-4, of the department of community health and the department of human services to create the department of health and human services. The report must indicate changes from the prior report and shall include, but not be limited to, all of the following information: (a) The impact on client service delivery or access to services, including the restructuring or consolidation of services. (b) Any cost increases or reductions that resulted from rent or building occupancy changes. (c) Facilities in use, including any office closures or consolidations, or new office locations, including hoteling stations. (d) Current status of FTE positions, including the number of FTE positions that were eliminated or added due to duplication of efforts. (e) Any other efficiencies, costs, or savings associated with the merger. Sec. 234. The department shall include specific outcome and performance reporting requirements in the interagency agreement with the Michigan strategic fund for TANF funding to provide job readiness and welfare-to-work programming. TANF funding provided to the Michigan strategic fund in the current fiscal year is contingent on compliance with the data and reporting requirements described in this section. The interagency agreement must require the Michigan strategic fund to provide all of the following items by January 1 of the current fiscal year for the previous year to the senate and house appropriations committees: (a) An itemized spending report on TANF funding, including all of the following: (i) Direct services to clients. (ii) Administrative expenditures. (b) The number of family independence program (FIP) clients served through the TANF funding, including all of the following: (i) The number and percentage who obtained employment through Michigan Works! (ii) The number and percentage who fulfilled their TANF work requirement through other job readiness programming. (iii) Average TANF spending per client. (iv) The number and percentage of clients who were referred to Michigan Works! but did not receive a job or job readiness placement and the reasons why. Sec. 240. The department shall notify the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the house and senate policy offices of any changes to a child welfare master contract template, including the adoption master contract template, the independent living plus master contract template, the placing agency foster care master contract template, and the residential foster care juvenile justice master contract template, not less than 30 days before the change takes effect. Sec. 252. The appropriations in part 1 for Healthy Michigan plan - behavioral health, Healthy Michigan plan admin­ istration, and Healthy Michigan plan are contingent on the provisions of the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, that were contained in 2013 PA 107 not being amended, repealed, or otherwise altered to eliminate the Healthy Michigan plan. If that occurs, then, upon the effective date of the amendatory act that amends, repeals, or otherwise alters those provisions, the remaining funds in the Healthy Michigan plan - behavioral health, Healthy Michigan plan administration, and Healthy Michigan plan line items shall only be used to pay previously incurred costs and any remaining appropriations shall not be allotted to support those line items. Sec. 263. (1) Upon submission of a Medicaid waiver, a Medicaid state plan amendment, or a similar proposal to the Centers for Medicare and Medicaid Services, the department shall notify the house and senate appropriations sub­com­ mittees on the department budget, the house and senate fiscal agencies, and the state budget office of the submission. (2) The department shall provide written or verbal biannual reports to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office summarizing the status of any new or ongoing discussions with the Centers for Medicare and Medicaid Services or the United States Department of Health and Human Services regarding potential or future Medicaid waiver applications. (3) The department shall inform the senate and house appropriations subcommittees on the department budget and the senate and house fiscal agencies of any alterations or adjustments made to the published plan for integrated care for individuals who are eligible for both Medicare and Medicaid when the final version of the plan has been submitted to the federal Centers for Medicare and Medicaid Services or the United States Department of Health and Human Services. Sec. 264. The department shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff. Sec. 265. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the senate and house appropriations chairs, the senate and house appropriations subcommittees chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2015 and September 30, 2016. Sec. 270. The department shall advise the legislature of the receipt of a notification from the attorney general’s office of a legal action in which expenses had been recovered pursuant to section 106(4) of the social welfare act, 1939 PA 280, No. 52] [June 3, 2015] JOURNAL OF THE SENATE 955 MCL 400.106, or any other statute under which the department has the right to recover expenses. By November 1 and May 1 of the current fiscal year, the department shall submit a written report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget office which includes, at a minimum, all of the following: (a) The total amount recovered from the legal action. (b) The program or service for which the money was originally expended. (c) Details on the disposition of the funds recovered such as the appropriation or revenue account in which the money was deposited. (d) A description of the facts involved in the legal action. Sec. 274. (1) The department, in collaboration with the state budget office, shall submit to the house and senate appro­priations subcommittees on the department budget, the house and senate fiscal agencies, and the house and senate policy offices 1 week after the day the governor submits to the legislature the budget for the ensuing fiscal year a report on spending and revenue projections for each of the capped federal funds listed below. The report shall contain actual spending and revenue in the previous fiscal year, spending and revenue projections for the current fiscal year as enacted, and spending and revenue projections within the executive budget proposal for the fiscal year beginning October 1, 2016 for each individual line item for the department budget. The report shall also include federal funds transferred to other depart­ments. The capped federal funds shall include, but not be limited to, all of the following: (a) TANF. (b) Title XX social services block grant. (c) Title IV-B part I child welfare services block grant. (d) Title IV-B part II promoting safe and stable families funds. (e) Low-income home energy assistance program. (2) By February 15 of the current fiscal year, the department shall prepare an annual report of its efforts to identify additional TANF maintenance of effort sources and rationale for any increases or decreases from all of the following, but not limited to: (a) Other departments. (b) Local units of government. (c) Private sources. Sec. 276. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes. Sec. 279. (1) All master contracts relating to human services as funded by the appropriations in sections 103, 104, 105, 106, 107, 108, and 109 of part 1 shall be performance-based contracts that employ a client-centered results-oriented process that is based on measurable performance indicators and desired outcomes and includes the annual assessment of the quality of services provided. (2) By February 1 of the current fiscal year, the department shall provide the senate and house appropriations subcom­ mittees on the department budget, the senate and house fiscal agencies and policy offices, and the state budget office a report detailing measurable performance indicators, desired outcomes, and an assessment of the quality of services provided by the department during the previous fiscal year. Sec. 280. By the fifth business day of each month, the department shall provide a report to the house and senate appropriations committees, the house and senate fiscal agencies, the house and senate policy offices, and the state budget director that provides all of the following for each line item in part 1 containing personnel-related costs, including the specific individual amounts for salaries and wages, payroll taxes, and fringe benefits: (a) FTE authorization. (b) Spending authorization for personnel-related costs, by fund source, under the spending plan. (c) Actual year-to-date expenditures for personnel-related costs, by fund source, through the end of the prior month. (d) The projected year-end balance or shortfall for personnel-related costs, by fund source, based on actual monthly spending levels through the end of the prior month. (e) A specific plan for addressing any projected shortfall for personnel-related costs at either the gross or fund source level. Sec. 287. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees, and the senate and house fiscal agencies. Sec. 288. (1) Beginning October 1 of the current fiscal year, no less than 90% of a new department contract supported solely from state restricted funds or general fund/general purpose funds and designated in this part or part 1 for a specific entity for the purpose of providing services to individuals shall be expended for such services after the first year of the contract. 956 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (2) The department may allow a contract to exceed the limitation on administrative and services costs if it can be demonstrated that an exception should be made to the provision in subsection (1). (3) By September 30 of the current fiscal year, the department shall report to the house and senate appropriations sub­com­mittees on the department budget, house and senate fiscal agencies, and state budget office on the rationale for all exceptions made to the provision in subsection (1) and the number of contracts terminated due to violations of subsection (1). Sec. 290. Any public advertisement for state assistance shall also inform the public of the welfare fraud hotline operated by the department. Sec. 291. (1) The department shall verify, using the e-verify system, that all new department employees, and new hire employees of contractors and subcontractors paid from funds appropriated in part 1, are legally present in the United States. The department may verify this information directly or may require contractors and subcontractors to verify the information and submit a certification to the department. (2) By February 15 of the current fiscal year, the department shall submit to the house and senate appropriations sub­ com­mittees on the department budget, the house and senate fiscal agencies, and the house and senate policy offices a report on the number of new department employees and new hire employees of contractors and subcontractors that were found to not be legally present in the United States. Sec. 292. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency: (a) Fiscal year-to-date expenditures by category. (b) Fiscal year-to-date expenditures by appropriation unit. (c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description. (d) The number of active department employees by job classification. (e) Job specifications and wage rates. Sec. 294. From the funds appropriated in part 1 for the Michigan Medicaid information system line item, $20,000,000.00 in private revenue will be allocated for the Michigan-Illinois alliance Medicaid management information systems project. Sec. 297. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2016 are $359,044,100.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $203,794,100.00. Total agency appropriations for retiree health care legacy costs are estimated at $155,250,000.00. Sec. 298. By March 1 of the current fiscal year, the department shall provide to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices an annual report on the supervisor-to-staff ratio by department divisions and subdivisions. Sec. 299. No state department or agency shall issue a request for proposal (RFP) for a contract in excess of $5,000,000.00, unless the department or agency has first considered issuing a request for information (RFI) or a request for qualification (RFQ) relative to that contract to better enable the department or agency to learn more about the market for the products or services that are the subject of the RFP. The department or agency shall notify the department of technology, management, and budget of the evaluation process used to determine if an RFI or RFQ was not necessary prior to issuing the RFP. DEPARTMENTWIDE ADMINISTRATION Sec. 307. (1) From the funds appropriated in part 1 for demonstration projects, $500,000.00 shall be distributed as provided in subsection (2). The amount distributed under this subsection shall not exceed 50% of the total operating expenses of the program described in subsection (2), with the remaining 50% paid by local United Way organizations and other nonprofit organizations and foundations. (2) Funds distributed under subsection (1) shall be distributed to Michigan 2-1-1, a nonprofit corporation organized under the laws of this state that is exempt from federal income tax under section 501(c)(3) of the internal revenue code, 26 USC 501(c)(3), and whose mission is to coordinate and support a statewide 2-1-1 system. Michigan 2-1-1 shall use the funds only to fulfill the Michigan 2-1-1 business plan adopted by Michigan 2-1-1 in January 2005. (3) Michigan 2-1-1 shall refer to the department any calls received reporting fraud, waste, or abuse of state-administered public assistance. (4) Michigan 2-1-1 shall report annually to the department and the house and senate standing committees with primary jurisdiction over matters relating to human services and telecommunications on 2-1-1 system performance, including, but not limited to, call volume by health and human service needs and unmet needs identified through caller data and customer satisfaction metrics. Sec. 310. It is the intent of the legislature that the department shall work with youth-oriented nonprofit organizations to provide mentoring programming for children of incarcerated parents and other at-risk children. Sec. 315. (1) The department, in conjunction with organizations representing disabled and elderly adults, representatives of assisted living facilities, and the legislature, shall conduct a workgroup that explores licensing standards and practices No. 52] [June 3, 2015] JOURNAL OF THE SENATE 957 and performance measures for facilities providing adult assisted living services in order to ensure safe, adequately supervised, and protective environments for those individuals and families seeking assisted living services. (2) By November 1, 2015, the department shall provide to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office a report on the findings of the workgroup that is described in subsection (1). Sec. 316. From the funds appropriated in part 1 for terminal leave payouts and other employee costs, the department shall not spend in excess of its annual gross appropriation unless it identifies and requests a legislative transfer from another budgetary line item supporting administrative costs, as provided by section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 320. Effective October 1, 2015, the department shall not expend funds appropriated in part 1 for rental payments or operational expenses for state lease number 2719 for the premises located at 103 Court Street in Munising, Michigan. Sec. 321. Effective October 1, 2015, the department shall not expend funds appropriated in part 1 for rental payments or operational expenses for state lease number 7692 for the premises located at 660 South Saginaw in Flint, Michigan. CHILD SUPPORT ENFORCEMENT Sec. 401. (1) The appropriations in part 1 assume a total federal child support incentive payment of $26,500,000.00. (2) From the federal money received for child support incentive payments, $12,000,000.00 shall be retained by the state and expended for child support program expenses. (3) From the federal money received for child support incentive payments, $14,500,000.00 shall be paid to the counties based on each county’s performance level for each of the federal performance measures as established in 45 CFR 305.2. (4) If the child support incentive payment to the state from the federal government is greater than $26,500,000.00, then 100% of the excess shall be retained by the state and is appropriated until the total retained by the state reaches $15,397,400.00. (5) If the child support incentive payment to the state from the federal government is greater than the amount needed to satisfy the provisions identified in subsections (1), (2), (3), and (4), the additional funds shall be subject to appropriation by the legislature. (6) If the child support incentive payment to the state from the federal government is less than $26,500,000.00, then the state and county share shall each be reduced by 50% of the shortfall. Sec. 409. (1) If statewide retained child support collections exceed $38,300,000.00, 75% of the amount in excess of $38,300,000.00 is appropriated to legal support contracts. This excess appropriation may be distributed to eligible counties to supplement and not supplant county title IV-D funding. (2) Each county whose retained child support collections in the current fiscal year exceed its fiscal year 2004-2005 retained child support collections, excluding tax offset and financial institution data match collections in both the current year and fiscal year 2004-2005, shall receive its proportional share of the 75% excess. Sec. 410. (1) If title IV-D-related child support collections are escheated, the state budget director is authorized to adjust the sources of financing for the funds appropriated in part 1 for legal support contracts to reduce federal authorization by 66% of the escheated amount and increase general fund/general purpose authorization by the same amount. This budget adjustment is required to offset the loss of federal revenue due to the escheated amount being counted as title IV-D program income in accordance with federal regulations at 45 CFR 304.50. (2) The department shall notify the chairs of the house and senate appropriations subcommittees on the department budget and the house and senate fiscal agencies within 15 days of the authorization adjustment in subsection (1). COMMUNITY SERVICES AND OUTREACH Sec. 450. (1) From the funds appropriated in part 1 for school success partnership program, the department shall allocate $450,000.00 by December 1 of the current fiscal year to support the Northeast Michigan Community Service Agency programming, which will take place in each county in the Governor’s Prosperity Region 3. The department shall require the following performance objectives be measured and reported for the duration of the state funding for the school success partnership program: (a) Increasing school attendance and decreasing chronic absenteeism. (b) Increasing academic performance based on grades with emphasis on math and reading. (c) Identifying barriers to attendance and success and connecting families with resources to reduce these barriers. (d) Increasing parent involvement with the parent’s child’s school and community. (2) The Northeast Michigan Community Service Agency shall provide reports to the department on January 31 and June 30 of the current fiscal year on the number of children and families served and the services that were provided to families to meet the performance objectives identified in this section. The department shall distribute the reports within 1 week after receipt to the house and senate appropriations subcommittees on the department budget, house and senate fiscal agencies, and house and senate policy offices. CHILD WELFARE SERVICES Sec. 501. (1) A goal is established that not more than 27% of all children in foster care at any given time during the current fiscal year will have been in foster care for 24 months or more. 958 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (2) By March 1 of the current fiscal year, the department shall provide to the senate and house appropriations sub­com­ mittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office a report describing the steps that will be taken to achieve the specific goal established in this section and on the percentage of children who currently are in foster care and who have been in foster care a total of 24 or more months. Sec. 502. From the funds appropriated in part 1 for foster care, the department shall provide 50% reimbursement to Indian tribal governments for foster care expenditures for children who are under the jurisdiction of Indian tribal courts and who are not otherwise eligible for federal foster care cost sharing. Sec. 503. (1) In accordance with the final report of the Michigan child welfare performance-based funding task force issued in response to section 503 of article X of 2013 PA 59, the department shall continue to develop actuarially sound case rates for necessary out-of-home child welfare services that achieve permanency by the department and private child placing agencies in a prospective payment system under a performance-based funding model. (2) The department shall continue to develop a prospective rate payment system for private agencies that includes funding for adoption incentive payments. The full cost prospective rate payment system will identify and cover contractual costs paid through the case rate developed by an independent actuary. (3) By September 30, 2016, the department shall complete a full cost analysis of the performance-based funding model with respect to the current fiscal year, including relevant information on the actuarial rate-setting process, and provide a report on the analysis to the senate and house appropriations subcommittees on the department budget. (4) In accordance with the final report of the Michigan child welfare performance-based funding task force issued in response to section 503 of article X of 2013 PA 59, the department shall implement a 5-year independent, third-party evalu­ation of the performance-based funding model. The evaluator shall be selected through a competitive process by a rating committee that includes, but is not limited to, representatives from the department and private child placing agencies. (5) The department shall only phase the implementation of the performance-based funding model into additional counties where the department, private child welfare agencies, the county, and the court operating within that county have agreed to implement the performance-based funding model. (6) The department, in conjunction with members from both the house of representatives and senate, private child placing agencies, the courts, and counties shall implement the recommendations that are described in the workgroup report that was provided in section 503 of article X of 2013 PA 59 to establish a performance-based funding for public and private child welfare services providers. The department shall provide a quarterly report on the status of the performancebased contracting model to the senate and house appropriations subcommittees on the department budget, the senate and house standing committees on families and human services, and the senate and house fiscal agencies and policy offices. (7) From the funds appropriated in part 1 for the performance-based funding model pilot, the department may develop a master agreement with a consortium, recognized by the Internal Revenue Service as tax-exempt as defined under sec­ tion 501(c)(3) of the internal revenue code of 1986, 26 USC 501, consisting of a network of affiliated child welfare service providers, to accept and comprehensively assess referred youth, assign cases to members of its continuum or leverage services from other entities, and make appropriate case management decisions during the duration of a case. The consortium shall operate an integrated continuum of care structure, with services provided by both private and public agencies, based on individual case needs. The consortium shall demonstrate significant organizational capacity and competencies, including experience with managing risk-based contracts, financial strength, experienced staff and leadership, and appropriate governance structure. Sec. 504. (1) From the funds appropriated in part 1 for performance-based funding implementation, the department shall provide $500,000.00 in 1-time funding to support a portion of the first-year start-up costs to operate a consortium in Kent County for a performance-based child welfare contracting pilot program. Allowable start-up costs include $300,000.00 for administration, facilities, initial salaries, and wages and $200,000.00 for information technology infrastructure. (2) The department may establish a master agreement with a consortium. The consortium must be recognized by this state as a nonprofit organization and must have submitted an application to the Internal Revenue Service for 501(c)(3) status. The consortium shall consist of a network of affiliated child welfare service providers that will accept and com­ pre­hensively assess referred youth, assign cases to members of its continuum or leverage services from other entities, and make appropriate case management decisions during the duration of a case. (3) The consortium shall operate an integrated continuum of care structure, with services provided by private or public agencies, based on individual case needs. The consortium shall demonstrate significant organizational capacity and competencies, including financial strength, experienced staff and leadership, and appropriate governance structure. (4) By March 1 of the current fiscal year, the consortium shall provide to the department and the house and senate appropriations subcommittees on the department budget a report on the status of the implementation of the consortium, including, but not limited to, actual expenditures. Sec. 505. By March 1 of the current fiscal year, the department and Wayne County shall provide to the senate and house appropriations committees on the department budget, the senate and house fiscal agencies and policy offices, and the state budget office a report for youth served in the previous fiscal year and in the first quarter of the current fiscal year outlining the number of youth served within each juvenile justice system, the type of setting for each youth, performance outcomes, and financial costs or savings. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 959 Sec. 507. The department’s ability to satisfy appropriation deducts in part 1 for foster care private collections shall not be limited to collections and accruals pertaining to services provided only in the current fiscal year but may include revenues collected during the current fiscal year for services provided in prior fiscal years. Sec. 508. (1) In addition to the amount appropriated in part 1 for children’s trust fund grants, money granted or money received as gifts or donations to the children’s trust fund created by 1982 PA 249, MCL 21.171 to 21.172, is appropriated for expenditure. (2) The department and the child abuse neglect and prevention board shall collaborate to ensure that administrative delays are avoided and the local grant recipients and direct service providers receive money in an expeditious manner. The department and board shall make available the children’s trust fund contract funds to grantees within 31 days of the start date of the funded project. Sec. 511. The department shall provide quarterly reports to the senate and house appropriations subcommittees on the department budget, the senate and house standing committees on families and human services, and the senate and house fiscal agencies and policy offices on the number and percentage of children who received timely health examinations after entry into foster care and the number and percentage of children entering foster care who received a required mental health examination after entry into foster care. Sec. 513. (1) The department shall not expend funds appropriated in part 1 to pay for the direct placement by the department of a child in an out-of-state facility unless all of the following conditions are met: (a) There is no appropriate placement available in this state as determined by the department interstate compact office. (b) An out-of-state placement exists that is nearer to the child’s home than the closest appropriate in-state placement as determined by the department interstate compact office. (c) The out-of-state facility meets all of the licensing standards of this state for a comparable facility. (d) The out-of-state facility meets all of the applicable licensing standards of the state in which it is located. (e) The department has done an on-site visit to the out-of-state facility, reviewed the facility records, reviewed licensing records and reports on the facility, and believes that the facility is an appropriate placement for the child. (2) The department shall not expend money for a child placed in an out-of-state facility without approval of the deputy director for children’s services. The department shall notify the appropriate state agency in that state including the name of the out-of-state provider who accepted the placement. (3) The department shall submit an annual report to the state court administrative office, the house and senate appro­ priations subcommittees on the department budget, the house and senate fiscal agencies, and the house and senate policy offices on the number of Michigan children residing in out-of-state facilities at the time of the report, the total cost and average per diem cost of these out-of-state placements to this state, and a list of each such placement arranged by the Michigan county of residence for each child. (4) The department shall submit an annual report by February 15 of the current fiscal year on per diem costs of each residential care provider that has an established state rate and is located or doing business in this state. (5) It is the intent of the legislature that the department shall work in conjunction with the courts and the state court administrative office to identify data needed to calculate statewide recidivism rates for adjudicated youth placed in either residential secure or nonsecure facilities, defined at 6 months after a youth is released from placement. (6) By March 1 of the current fiscal year, the department shall notify the legislature on the status of efforts to accomplish the intent of subsection (5). Sec. 514. The department shall make a comprehensive report concerning children’s protective services (CPS) to the legislature, including the senate and house policy offices and the state budget director, by January 1 of the current fiscal year, that shall include all of the following: (a) Statistical information including, at a minimum, all of the following: (i) The total number of reports of child abuse or neglect investigated under the child protection law, 1975 PA 238, MCL 722.621 to 722.638, and the number of cases classified under category I or category II and the number of cases classified under category III, category IV, or category V. (ii) Characteristics of perpetrators of child abuse or neglect and the child victims, such as age, relationship, race, and ethnicity and whether the perpetrator exposed the child victim to drug activity, including the manufacture of illicit drugs, that exposed the child victim to substance abuse, a drug house, or methamphetamine. (iii) The mandatory reporter category in which the individual who made the report fits, or other categorization if the individual is not within a group required to report under the child protection law, 1975 PA 238, MCL 722.621 to 722.638. (iv) The number of cases that resulted in the separation of the child from the parent or guardian and the period of time of that separation, up to and including termination of parental rights. (v) For the reported complaints of child abuse or neglect by teachers, school administrators, and school counselors, the number of cases classified under category I or category II and the number of cases classified under category III, category IV, or category V. (vi) For the reported complaints of child abuse or neglect by teachers, school administrators, and school counselors, the number of cases that resulted in separation of the child from the parent or guardian and the period of time of that separation, up to and including termination of parental rights. 960 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (b) New policies related to children’s protective services including, but not limited to, major policy changes and court decisions affecting the children’s protective services system during the immediately preceding 12-month period. (c) The information contained in the report required under section 8d(5) of the child protection law, 1975 PA 238, MCL 722.628d, on cases classified under category III. (d) The department policy, or changes to the department policy, regarding children who have been exposed to the production or manufacture of methamphetamines. Sec. 515. By March 1, 2016, the department shall submit a report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office that provides an update on the privatization of child welfare services in Kent County as described in section 515 of article X of 2013 PA 59 and includes all of the following: (a) Costs or savings that resulted from the program. (b) Gaps in funding. (c) Program successes. (d) Challenges and barriers to a successful implementation. Sec. 519. The department shall permit any private agency that has an existing contract with this state to provide foster care services to be also eligible to provide treatment foster care services. Sec. 522. (1) From the funds appropriated in part 1 for youth in transition, the department shall allocate $750,000.00 for college scholarships through the fostering futures scholarship program in the Michigan education trust to youths who were in foster care because of child abuse or neglect and are attending a college located in this state. Of the funds appropriated, 100% shall be used to fund scholarships for the youths described in this section. (2) Not later than March 1 of the current fiscal year, the department shall provide a report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the house and senate policy offices that includes the number of youths who received scholarships and the amount of each scholarship, and the total amount of funds spent or encumbered in the current fiscal year. Sec. 523. (1) By February 15 of the current fiscal year, the department shall report on the families first, family reunification, and families together building solutions family preservation programs to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office. The report shall contain all of the following for each program: (a) The average cost per recipient served. (b) Measurable performance indicators. (c) Desired outcomes or results and goals that can be measured on an annual basis, or desired results for a defined number of years. (d) Monitored results. (e) Innovations that may include savings or reductions in administrative costs. (2) From the funds appropriated in part 1 for youth in transition and domestic violence prevention and treatment, the department is authorized to make allocations of TANF funds only to agencies that report necessary data to the department for the purpose of meeting TANF eligibility reporting requirements. Sec. 524. As a condition of receiving funds appropriated in part 1 for strong families/safe children, counties must submit the service spending plan to the department by October 1 of the current fiscal year for approval. The department shall approve the service spending plan within 30 calendar days after receipt of a properly completed service spending plan. Sec. 525. The department shall implement the same on-site evaluation processes for privately operated child welfare and juvenile justice residential facilities as is used to evaluate state-operated facilities. Penalties for noncompliance shall be the same for privately operated child welfare and juvenile justice residential facilities and state-operated facilities. Sec. 526. From the funds appropriated in part 1 for foster care payments and related administrative costs, the depart­ ment may implement the federally approved title IV-E child welfare waiver demonstration project. As required under the waiver, any savings resulting from the demonstration project must be quantified and reinvested into child welfare programming. Sec. 532. (1) The department, in collaboration with representatives of private child and family agencies, shall revise and improve the annual licensing review process and the annual contract compliance review process for child placing agencies and child caring institutions. The improvement goals shall be safety and care for children. Improvements to the review process shall be directed toward alleviating administrative burdens so that agency resources may be focused on children. The revision shall include identification of duplicative staff activities and information sought from child placing agencies and child caring institutions in the annual review process. The department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies and policy offices, and the state budget director on or before January 15 of the current fiscal year on the findings of the annual licensing review. (2) The department shall conduct licensing reviews no more than once every 2 years for child placing agencies and child caring institutions that are nationally accredited and have no outstanding violations. Sec. 533. (1) The department shall make payments to child placing facilities for in-home and out-of-home care services and adoption services within 30 days of receiving all necessary documentation from those agencies. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 961 (2) The department shall provide a report on the status of the implementation and operation of this section by February 15 of the current fiscal year. Sec. 534. The department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office by November 1 of the current fiscal year a report on the planning, implementation, and operation, regardless of the current operational status, of the statewide automated child welfare information system. The report shall include, but not be limited to, all of the following: (a) Areas where implementation went as planned. (b) The number of known issues. (c) The average number of help tickets submitted per day. (d) Any additional overtime or other staffing costs to address known issues and volume of help tickets. (e) Any contract revisions to address known issues and volume of help tickets. (f) Other strategies undertaken to improve implementation. Sec. 537. (1) The department, in collaboration with child placing agencies, shall develop a strategy to implement sec­ tion 115o of the social welfare act, 1939 PA 280, MCL 400.115o. The strategy shall include a requirement that a depart­ment caseworker responsible for preparing a recommendation to a court concerning a juvenile placement shall provide, as part of the recommendation, information regarding the requirements of section 115o of the social welfare act, 1939 PA 280, MCL 400.115o. (2) Between February 1 and February 29, 2016, the department shall provide to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office a report on the strategy described in subsection (1). Sec. 540. If a physician or psychiatrist who is providing services to state or court wards placed in a residential facility submits a formal request to the department to change the psychotropic medication of a ward, the department shall, if the ward is a state ward, make a determination on the proposed change within 7 business days after the request or, if the ward is a temporary court ward, seek parental consent within 7 business days after the request. If parental consent is not provided within 7 business days, the department shall petition the court on the eighth business day. Sec. 546. (1) From the funds appropriated in part 1 for foster care payments and from child care fund, the department shall pay providers of foster care services not less than a $37.00 administrative rate. (2) From the funds appropriated in part 1 for foster care payments and from child care fund, the department shall pay providers of general independent living services not less than a $28.00 administrative rate. (3) From the funds appropriated in part 1, the department shall pay providers of independent living plus services statewide per diem rates for staff-supported housing and host-home housing based on proposals submitted in response to a solicitation for pricing. The independent living plus program provides staff-supported housing and services for foster youth ages 16 through 19 who, because of their individual needs and assessments, are not initially appropriate for general independent living foster care. (4) From the funds appropriated in part 1, the department shall pay providers of foster care services an additional $3.00 administrative rate, provided that section 117a of the social welfare act, 1939 PA 280, MCL 400.117a, is amended to eliminate the county match rate for the additional administrative rate provided in this subsection. Payments under this subsection shall be made, not less than, on a monthly basis. (5) If required by the federal government to meet title IV-E requirements, providers of foster care services shall submit quarterly expenditure reports to the department to identify actual costs of providing foster care services. (6) From the funds appropriated in part 1, the department shall provide an increase to each private provider of residential services, if section 117a of the social welfare act, 1939 PA 280, MCL 400.117a, is amended to eliminate the county match rate for the additional rate provided in this section. Sec. 547. From the funds appropriated in part 1 for the guardianship assistance program, the department shall pay a minimum rate that is not less than the approved age-appropriate payment rates for youth placed in family foster care. Sec. 556. No later than December 1 for the current fiscal year, the department shall provide an annual report to the subcommittees of the senate and house appropriations committees on the department budget, the house and senate fiscal agencies, and the state budget director that includes the following: (a) The number of complaints filed by adoptive parents who were not notified that their adopted child had special needs. (b) The number of cases that received redetermined adoption assistance as defined in section 115f of the social welfare act, 1939 PA 280, MCL 400.115f, the total expenditures on the program, and the number of cases in each determination of care level of payment. Sec. 558. (1) The department shall explore ways to maximize use of training programs or courses provided through the child welfare training institute accessible online and in service areas throughout the state, provided the delivery is an appropriate option for achieving specific learning objectives. These training programs and courses shall be made available to employees of private child placing agencies and child caring institutions. 962 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (2) The department shall submit to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office by March 1 of the current fiscal year a report on the training programs or courses provided through the child welfare training institute described in subsection (1), and the annual cost for each program or course. The report shall include the following data: (a) The number of training programs or courses that were provided for private agencies. (b) The number of employees from private agencies who attended any training. (c) The number of training programs or courses that were provided through an online forum. (d) The number of training programs or courses that were provided in local service areas. Sec. 559. (1) From the funds appropriated in part 1 for adoption support services, the department shall allocate $350,000.00 to the Adoptive Family Support Network by December 1 of the current fiscal year to operate and expand its adoptive parent mentor program to provide a listening ear, knowledgeable guidance, and community connections to adoptive parents and children who were adopted in this state or another state. (2) The Adoptive Family Support Network shall submit to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office by March 1 of the current fiscal year a report on the program described in subsection (1), including, but not limited to, the number of cases served and the number of cases in which the program prevented an out-of-home placement. Sec. 562. The department shall provide time and travel reimbursements for foster parents who transport a foster child to parent-child visitations. As part of the foster care parent contract, the department shall provide written confirmation to foster parents that states that the foster parents have the right to request these reimbursements for all parent-child visita­tions. The department shall provide these reimbursements within 60 days of receiving a request for eligible reim­ bursements from a foster parent. Sec. 564. (1) The department shall develop a clear policy for parent-child visitations. The local county offices, case­ workers, and supervisors shall meet a 50% success rate, after accounting for factors outside of the caseworker’s control. (2) Per the court-ordered number of required meetings between caseworkers and parent, the caseworkers shall achieve a success rate of 65%, after accounting for factors outside of the caseworker’s control. (3) Between February 1 and February 29, 2016, the department shall provide to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office a report on the following: (a) The percentage of success rate for parent-child visitations and court-ordered required meetings between caseworkers referenced in subsections (1) and (2) for the previous year. (b) The barriers to achieve the success rates in subsections (1) and (2) and how this information is tracked. Sec. 567. (1) The caseworker or supervisor who is assigned to a foster care case is responsible for completing a medical passport for the cases assigned to him or her. If a child in foster care is transferred to a new placement or returned to his or her parent’s or guardian’s home, the medical passport and any school records in the caseworkers’ or supervisors’ possession must be transferred within 2 weeks from the date of placement or return to the home. (2) The department shall submit to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office by March 1 of the current fiscal year a report on the items described in subsection (1), including the following: (a) The percentage of medical passports that were properly filled out. (b) From the total medical passports transferred, the percentage that transferred within 2 weeks from the date of placement or return to the home. (c) From the total school records, the percentage that transferred within 2 weeks from the date of placement or return to the home. (d) The implementation steps that have been taken to improve the outcomes for the measures in subdivisions (a) and (b). Sec. 568. (1) From the funds appropriated in part 1 for adoption subsidies, the department shall pay a minimum adoption subsidy rate that is not less than 95% of the rate that was or would have been provided for the adoptee in family foster care at the time of the adoption. This rate includes the determination of care rate that was paid or would have been paid to the adoptive parent for the adoptee in a family foster care placement, and this amount shall be increased to reflect any increase in the standard age appropriate foster care rate. (2) “Determination of care rate” as described in this section means a supplemental payment to the standard age appro­ priate foster care rate that may be justified when extraordinary care or expense is required. The supplemental payment is based on 1 or more of the following case situations where additional care is required of the foster care provider or adoptive parent or an additional expense exists: (a) Physically disabled children for whom the adoptive parent must provide measurably greater supervision and care. (b) Children with special psychological or psychiatric needs that require extra time and measurably greater amounts of care and attention by the adoptive parent. (c) Children requiring special diets that are more expensive than a normal diet and that require extra time and effort by the adoptive parent to obtain or prepare. (d) Children whose severe acting-out or antisocial behavior requires a measurably greater amount of care and attention of the adoptive parent. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 963 (3) The department shall, on a separate form, allow an adoptive parent to sign a certification that he or she rejects a support subsidy. (4) If this section conflicts with state statute enacted subsequent to this act, the state statute controls. Sec. 569. The department shall reimburse private child placing agencies that complete adoptions at the rate according to the date on which the petition for adoption and required support documentation was accepted by the court and not according to the date the court’s order placing for adoption was entered. Sec. 574. (1) From the funds appropriated in part 1 for foster care payments, $2,500,000.00 is allocated to support performance-based contracts with child placing agencies to facilitate the licensure of relative caregivers as foster parents. Agencies shall receive $2,300.00 for each facilitated licensure if completed within 180 days after a child’s placement or, if a waiver was previously approved, 180 days from the application date. If the facilitated licensure, or approved waiver, is completed after 180 days, the agency shall receive up to $2,300.00. The agency facilitating the licensure would retain the placement and continue to provide case management services for at least 50% of the newly licensed cases for which the placement was appropriate to the agency. Up to 50% of the newly licensed cases would have direct foster care services provided by the department. (2) From the funds appropriated for foster care payments, $375,000.00 is allocated to support family incentive grants to private and community-based foster care service providers to assist with home improvements or payment for physical exams for applicants needed by foster families to accommodate foster children. Sec. 583. By February 1 of the current fiscal year, the department shall provide to the senate and house appropriations subcommittees on the department budget, the senate and house standing committees on families and human services, the senate and house fiscal agencies and policy offices, and the state budget office a report that includes: (a) The number and percentage of foster parents that dropped out of the program in the previous fiscal year and the reasons the foster parents left the program and how those figures compare to prior fiscal years. (b) The number and percentage of foster parents successfully retained in the previous fiscal year and how those figures compare to prior fiscal years. Sec. 585. The department shall make available at least 1 pre-service training class each month in which new caseworkers for private foster care and adoption agencies can enroll. Sec. 587. (1) From the funds appropriated in part 1 to in-home community care programs, $400,000.00 shall be used to expand or create new in-home care and community-based juvenile justice services to rural counties through a grantmaking process. Counties that received funds for the purpose described in section 587 of article X of 2013 PA 59 are not eligible to receive the funds in this section. The department shall expend the full amount of funds for the purpose described in this section by January 15 of the current fiscal year. (2) By March 1 of the current fiscal year, the department shall submit a report that describes the program expansion and expenditures in detail to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices. Sec. 588. (1) Concurrently with public release, the department shall transmit all reports from the court-appointed settlement monitor, including, but not limited to, the needs assessment and period outcome reporting, to the state budget office, the senate and house appropriations subcommittees on the department budget, and the senate and house fiscal agencies, without revision. (2) The department shall report quarterly to the state budget office, the senate and house appropriations subcommittees on the department budget, and the senate and house fiscal agencies, on the number of children enrolled in the guardianship assistance and foster care - children with serious emotional disturbance waiver programs. Sec. 589. (1) From the funds appropriated in part 1 for child care fund, the department shall pay 100% of the admin­ istrative rate for all new cases referred to providers of foster care services beginning on October 1, 2013. (2) On a monthly basis, the department shall report on the number of all foster care cases administered by the department and all foster care cases administered by private providers. Sec. 593. The department may allow residential service providers for abuse and neglect cases to implement a staff ratio during working hours of 1 staff to 5 children. PUBLIC ASSISTANCE Sec. 601. Whenever a client agrees to the release of his or her name and address to the local housing authority, the department shall request from the local housing authority information regarding whether the housing unit for which vendoring has been requested meets applicable local housing codes. Vendoring shall be terminated for those units that the local authority indicates in writing do not meet local housing codes until such time as the local authority indicates in writing that local housing codes have been met. Sec. 602. The department shall establish a policy to conduct a full evaluation of an individual’s assistance needs if the individual has applied for disability more than 1 time within a 1-year period. Sec. 603. Between February 1 and February 29, 2016, the department shall provide to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office a report on the findings of the maximizing Medicaid claim workgroup established in section 603 of article X of 2014 PA 252, including the steps taken to implement the action plan developed by the workgroup, and the department’s ongoing efforts to maximize Medicaid claims for foster children and adjudicated youths. 964 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 Sec. 604. (1) The department shall operate a state disability assistance program. Except as provided in subsection (3), persons eligible for this program shall include needy citizens of the United States or aliens exempted from the supplemental security income citizenship requirement who are at least 18 years of age or emancipated minors meeting 1 or more of the following requirements: (a) A recipient of supplemental security income, social security, or medical assistance due to disability or 65 years of age or older. (b) A person with a physical or mental impairment which meets federal supplemental security income disability standards, except that the minimum duration of the disability shall be 90 days. Substance abuse alone is not defined as a basis for eligibility. (c) A resident of an adult foster care facility, a home for the aged, a county infirmary, or a substance abuse treatment center. (d) A person receiving 30-day postresidential substance abuse treatment. (e) A person diagnosed as having acquired immunodeficiency syndrome. (f) A person receiving special education services through the local intermediate school district. (g) A caretaker of a disabled person who meets the requirements specified in subdivision (a), (b), (e), or (f). (2) Applicants for and recipients of the state disability assistance program shall be considered needy if they: (a) Meet the same asset test as is applied for the family independence program. (b) Have a monthly budgetable income that is less than the payment standards. (3) Except for a person described in subsection (1)(c) or (d), a person is not disabled for purposes of this section if his or her drug addiction or alcoholism is a contributing factor material to the determination of disability. “Material to the determination of disability” means that, if the person stopped using drugs or alcohol, his or her remaining physical or mental limitations would not be disabling. If his or her remaining physical or mental limitations would be disabling, then the drug addiction or alcoholism is not material to the determination of disability and the person may receive state disability assistance. Such a person must actively participate in a substance abuse treatment program, and the assistance must be paid to a third party or through vendor payments. For purposes of this section, substance abuse treatment includes receipt of inpatient or outpatient services or participation in alcoholics anonymous or a similar program. Sec. 605. The level of reimbursement provided to state disability assistance recipients in licensed adult foster care facilities shall be the same as the prevailing supplemental security income rate under the personal care category. Sec. 606. County department offices shall require each recipient of family independence program and state disability assistance who has applied with the social security administration for supplemental security income to sign a contract to repay any assistance rendered through the family independence program or state disability assistance program upon receipt of retroactive supplemental security income benefits. Sec. 607. (1) The department’s ability to satisfy appropriation deductions in part 1 for state disability assistance/ supplemental security income recoveries and public assistance recoupment revenues shall not be limited to recoveries and accruals pertaining to state disability assistance, or family independence assistance grant payments provided only in the current fiscal year, but may include revenues collected during the current year that are prior year related and not a part of the department’s accrued entries. (2) The department may use supplemental security income recoveries to satisfy the deduct in any line in which the revenues are appropriated, regardless of the source from which the revenue is recovered. Sec. 608. Adult foster care facilities providing domiciliary care or personal care to residents receiving supplemental security income or homes for the aged serving residents receiving supplemental security income shall not require those residents to reimburse the home or facility for care at rates in excess of those legislatively authorized. To the extent permitted by federal law, adult foster care facilities and homes for the aged serving residents receiving supplemental security income shall not be prohibited from accepting third-party payments in addition to supplemental security income provided that the payments are not for food, clothing, shelter, or result in a reduction in the recipient’s supplemental security income payment. Sec. 609. The state supplementation level under the supplemental security income program for the personal care/adult foster care and home for the aged categories shall not be reduced during the current fiscal year. The legislature shall be notified not less than 30 days before any proposed reduction in the state supplementation level. Sec. 610. (1) In developing good cause criteria for the state emergency relief program, the department shall grant exemptions if the emergency resulted from unexpected expenses related to maintaining or securing employment. (2) For purposes of determining housing affordability eligibility for state emergency relief, a group is considered to have sufficient income to meet ongoing housing expenses if their total housing obligation does not exceed 75% of their total net income. (3) State emergency relief payments shall not be made to individuals who have been found guilty of fraud in regard to obtaining public assistance. (4) State emergency relief payments shall not be made available to persons who are out-of-state residents or illegal immigrants. (5) State emergency relief payments for rent assistance shall be distributed directly to landlords and shall not be added to Michigan bridge cards. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 965 Sec. 611. The state supplementation level under the supplemental security income program for the living independently or living in the household of another categories shall not exceed the minimum state supplementation level as required under federal law or regulations. Sec. 613. (1) The department shall provide reimbursements for the final disposition of indigent persons. The reim­ bursements shall include the following: (a) The maximum allowable reimbursement for the final disposition is $800.00. (b) The adult burial with services allowance is $720.00. (c) The adult burial without services allowance is $485.00. (d) The infant burial allowance is $165.00. (2) It is the intent of the legislature that this charge limit reflect a total increase of $20.00 per case in payments to funeral directors for funeral goods and services over the payment rate in place for the previous fiscal year. In addition, reim­bursement for a cremation permit fee of up to $75.00 and for mileage at the standard rate will also be made available for an eligible cremation. The reimbursements under this section shall take into consideration religious preferences that prohibit cremation. Sec. 614. The department shall report to the senate and house of representatives appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices by January 15 of the current fiscal year on the number and percentage of state disability assistance recipients who were determined to be eligible for federal supplemental security income benefits in the previous fiscal year. Sec. 615. Except as required by federal law or regulations, funds appropriated in part 1 shall not be used to provide public assistance to a person who is an illegal alien. This section shall not prohibit the department from entering into contracts with food banks, emergency shelter providers, or other human services agencies who may, as a normal part of doing business, provide food or emergency shelter. Sec. 616. The department shall require retailers that participate in the electronic benefits transfer program to charge no more than $2.50 in fees for cash back as a condition of participation. Sec. 617. The department shall prepare a report on the number and percentage of public assistance recipients, categorized by type of assistance received, who were no longer eligible for assistance because of their status in the law enforce­ment information network and provide the report by January 15 of the current fiscal year to the senate and house appro­priations subcommittees on the department budget, the senate and house standing committees on families and human services, and the senate and house fiscal agencies and policy offices. Sec. 619. (1) Subject to subsection (2), the department shall exempt from the denial of title IV-A assistance and food assistance benefits under 21 USC 862a any individual who has been convicted of a felony that included the possession, use, or distribution of a controlled substance, after August 22, 1996, provided that the individual is not in violation of his or her probation or parole requirements. Benefits shall be provided to such individuals as follows: (a) A third-party payee or vendor shall be required for any cash benefits provided. (b) An authorized representative shall be required for food assistance receipt. (2) Subject to federal approval, an individual is not entitled to the exemption in this section if the individual was convicted in 2 or more separate cases of a felony that included the possession, use, or distribution of a controlled substance after August 22, 1996. Sec. 620. (1) The department shall make a determination of Medicaid eligibility not later than 90 days if disability is an eligibility factor. For all other Medicaid applicants, including patients of a nursing home, the department shall make a determination of Medicaid eligibility within 45 days of application. (2) The department shall report on May 1 and November 1 of the current fiscal year to the senate and house appro­ priations subcommittees on the department budget, the senate and house standing committees on families and human services, and the senate and house fiscal agencies and policy offices on the average Medicaid eligibility standard of promptness for each of the required standards of promptness under subsection (1) and for medical review team reviews achieved statewide and at each local office. Sec. 625. The department may contract with the Legal Services Association of Michigan to provide assistance to individuals who have applied for or wish to apply for SSI or other federal disability benefits. The Legal Services Association of Michigan shall provide a list of new clients accepted to the department to verify that services have been provided to department clients. The Legal Services Association of Michigan and the department shall work together to develop release forms to share information in appropriate cases. The Legal Services Association of Michigan shall provide quarterly reports indicating cases opened, cases closed, level of services provided on closed cases, and case outcomes on closed cases. Sec. 630. From the funds appropriated in part 1 for family independence program, the department shall implement a suspicion-based drug testing pilot program for the family independence program according to sections 57y and 57z of the social welfare act, 1939 PA 280, MCL 400.57y and 400.57z. Sec. 642. The department shall allocate the full amount of funds appropriated in part 1 for homeless programs to provide services for homeless individuals and families, including, but not limited to, third-party contracts for emergency shelter services. 966 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 Sec. 643. As a condition of receipt of federal TANF funds, homeless shelters and human services agencies shall collaborate with the department to obtain necessary TANF eligibility information on families as soon as possible after admitting a family to the homeless shelter. From the funds appropriated in part 1 for homeless programs, the department is authorized to make allocations of TANF funds only to the agencies that report necessary data to the department for the purpose of meeting TANF eligibility reporting requirements. Homeless shelters or human services agencies that do not report necessary data to the department for the purpose of meeting TANF eligibility reporting requirements will not receive reimbursements which exceed the per diem amount they received in fiscal year 2000. The use of TANF funds under this section should not be considered an ongoing commitment of funding. Sec. 645. An individual or family is considered homeless, for purposes of eligibility for state emergency relief, if living temporarily with others in order to escape domestic violence. For purposes of this section, domestic violence is defined and verified in the same manner as in the department’s policies on good cause for not cooperating with child support and paternity requirements. Sec. 653. From the funds appropriated in part 1 for food assistance, an individual who is the victim of domestic violence and does not qualify for any other exemption may be exempt from the 3-month in 36-month limit on receiving food assistance under 7 USC 2015. This exemption can be extended an additional 3 months upon demonstration of continuing need. Sec. 654. The department shall notify recipients of food assistance program benefits that their benefits can be spent with their bridge cards at many farmers’ markets in the state. The department shall also notify recipients about the Double Up Food Bucks program that is administered by the Fair Food Network. Recipients shall receive information about the Double Up Food Bucks program, including information that when the recipient spends $20.00 at participating farmers’ markets through the program, the recipient can receive an additional $20.00 to buy Michigan produce. Sec. 655. Within 14 days after the spending plan for low-income home energy assistance program is approved by the state budget office, the department shall provide the spending plan, including itemized projected expenditures, to the chairpersons of the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices. Sec. 660. From the funds appropriated in part 1 for food bank funding, the department is authorized to make allocations of TANF funds only to the agencies that report necessary data to the department for the purpose of meeting TANF eligibility reporting requirements. The agencies that do not report necessary data to the department for the purpose of meeting TANF eligibility reporting requirements will not receive allocations in excess of those received in fiscal year 2000. The use of TANF funds under this section should not be considered an ongoing commitment of funding. Sec. 669. The department shall allocate $2,880,000.00 for the annual clothing allowance. The allowance shall be granted to all eligible children in a family independence program group that does not include an adult. Sec. 672. (1) The department’s office of inspector general shall report to the senate and house of representatives appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices by February 15 of the current fiscal year on department efforts to reduce inappropriate use of Michigan bridge cards. The department shall provide information on the number of recipients of services who used their electronic benefit transfer card inappropriately and the current status of each case, the number of recipients whose benefits were revoked, whether permanently or temporarily, as a result of inappropriate use, and the number of retailers that were fined or removed from the electronic benefit transfer program for permitting inappropriate use of the cards. (2) As used in this section, “inappropriate use” means not used to meet a family’s ongoing basic needs, including food, clothing, shelter, utilities, household goods, personal care items, and general incidentals. Sec. 673. (1) The department shall conduct a workgroup to investigate means of minimizing fraud in the MIBridges benefits programs. The members of the workgroup shall include, but are not limited to, the departments of state and state police and members of the house of representatives and the senate. The workgroup shall, at a minimum, address the following possibilities and make recommendations on the implementation of any of the following items considered feasible: (a) Whether the department’s policies concerning the replacement of lost bridge cards sufficiently deter improper use of those cards. (b) What technologies may exist to deter the sale or other improper use of bridge cards. (c) Whether a state driver license or state identification card might be used to replace the existing bridge cards. (d) What federal policies exist that may inhibit or enhance adoption of fraud minimization actions. (2) By February 1, 2016, the department shall provide to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office a report on the workgroup findings. The report shall include a draft request for information to implement any recommended proposals, an action plan for implementation of any proposed changes, and an estimate of the costs that may be incurred and benefits that may be gained from the adoption of recommended workgroup suggestions. Sec. 677. (1) The department shall establish a state goal for the percentage of family independence program cases involved in employment activities. The percentage established shall not be less than 50%. The goal for long-term employment shall be 15% of cases for 6 months or more. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 967 (2) On a monthly basis, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies and policy offices, and the state budget director on the number of cases referred to Partnership. Accountability. Training. Hope. (PATH), the current percentage of family independence program cases involved in PATH employment activities, an estimate of the current percentage of family independence program cases that meet federal work participation requirements on the whole, and an estimate of the current percentage of the family independence program cases that meet federal work participation requirements for those cases referred to PATH. (3) The department shall submit to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office a quarterly report that includes all of the following: (a) The number and percentage of nonexempt family independence program recipients who are employed. (b) The average and range of wages of employed family independence program recipients. (c) When data become available, the number and percentage of employed family independence program recipients who remain employed for 6 months or more. Sec. 686. (1) The department shall ensure that program policy requires caseworkers to confirm that individuals presenting personal identification issued by another state seeking assistance through the family independence program, food assistance program, state disability assistance program, or medical assistance program are not receiving benefits from any other state. (2) The department shall require caseworkers to confirm the address provided by any individual seeking family inde­ pendence program benefits or state disability assistance benefits. (3) The department shall prohibit individuals with property assets assessed at a value higher than $200,000.00 from accessing assistance through department-administered programs, unless such a prohibition would violate federal rules and guidelines. (4) The department shall require caseworkers to obtain an up-to-date telephone number during the eligibility deter­ mination or redetermination process for individuals seeking medical assistance benefits. Sec. 687. (1) The department shall, on a quarterly basis by February 1, May 1, August 1, and November 1, compile and make available on its website all of the following information about the family independence program, state disability assistance, the food assistance program, Medicaid, and state emergency relief: (a) The number of applications received. (b) The number of applications approved. (c) The number of applications denied. (d) The number of applications pending and neither approved nor denied. (e) The number of cases opened. (f) The number of cases closed. (g) The number of cases at the beginning of the quarter and the number of cases at the end of the quarter. (2) The information provided under subsection (1) shall be compiled and made available for the state as a whole and for each county and reported separately for each program listed in subsection (1). (3) The department shall, on a quarterly basis by February 1, May 1, August 1, and November 1, compile and make available on its website the family independence program information listed as follows: (a) The number of new applicants who successfully met the requirements of the 21-day assessment period for PATH. (b) The number of new applicants who did not meet the requirements of the 21-day assessment period for PATH. (c) The number of cases sanctioned because of the school truancy policy. (d) The number of cases closed because of the 48-month and 60-month lifetime limits. (e) The number of first-, second-, and third-time sanctions. (f) The number of children ages 0-5 living in FIP-sanctioned households. (4) The department shall notify the state budget office, the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices when the reports required in this section are made available on the department’s website. Sec. 695. (1) From the funds appropriated in part 1 for multicultural integration funding, the department may require each contractor to provide data and information on performance-related metrics. These metrics may include, but are not limited to, all of the following: (a) Each contractor or subcontractor shall have a mission that is consistent with the purpose of multicultural integration funding. (b) Each contractor shall validate that any subcontractors utilized within these appropriations share the same mission as the lead agency receiving funding. (c) Each contractor or subcontractor shall demonstrate cost-effectiveness. (d) Each contractor or subcontractor shall ensure their ability to leverage private dollars to strengthen and maximize service provision. 968 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (e) Each contractor or subcontractor shall provide timely and accurate reports regarding the number of clients served, units of service provision, and ability to meet their stated goals. (2) The department shall require an annual report from the contractors that receive multicultural integration funding. The annual report, due 60 days following the end of the contract period, shall include specific information on services and programs provided, the client base to which the services and programs were provided, information on any wraparound services provided, and the expenditures for those services. The department shall provide the annual reports to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office. (3) The department shall convene a workgroup to discuss and make recommendations on including accreditation in the contractor specifications and potentially moving toward competitive bidding. Each contractor required to provide data per this section shall be invited to participate in the workgroup if so convened. JUVENILE JUSTICE SERVICES Sec. 701. Unless required from changes to federal or state law or at the request of a provider, the department shall not alter the terms of any signed contract with a private residential facility serving children under state or court supervision without written consent from a representative of the private residential facility. Sec. 706. Counties shall be subject to 50% chargeback for the use of alternative regional detention services, if those detention services do not fall under the basic provision of section 117e of the social welfare act, 1939 PA 280, MCL 400.117e, or if a county operates those detention services programs primarily with professional rather than volunteer staff. Sec. 707. In order to be reimbursed for child care fund expenditures, counties are required to submit departmentdeveloped reports to enable the department to document potential federally claimable expenditures. This requirement is in accordance with the reporting requirements specified in section 117a(7) of the social welfare act, 1939 PA 280, MCL 400.117a. Sec. 708. (1) As a condition of receiving funds appropriated in part 1 for the child care fund line item, by December 15 of the current fiscal year, counties shall have an approved service spending plan for the current fiscal year. Counties must submit the service spending plan to the department by October 1 of the current fiscal year for approval. The department shall approve within 30 calendar days after receipt a properly completed service plan that complies with the requirements of the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, and shall notify a county within 30 days after approval that its service plan was approved. (2) The department shall submit a report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the house and senate policy offices by February 15 of the current fiscal year on the number of counties that fail to submit a service spending plan by October 1 and the number of service spending plans not approved by December 15. Sec. 709. (1) The department shall close the W.J. Maxey Training School no later than October 15, 2015. The department shall ensure that staff employed at the W.J. Maxey Training School be given priority for new staff positions that they are qualified to fulfill, in accordance with applicable collective bargaining agreements and civil service rules. (2) Youth placed at the W.J. Maxey Training School shall transfer to other comparable juvenile justice residential facilities within this state no later than October 1, 2015 to complete the duration of their placements. The individual treatment plans for each youth transferred shall be tailored to the needs of the youth and family and, when appropriate, shall include family engagement and face-to-face interaction with the youth. The youth shall not be transferred to an adult correctional facility or a county jail. (3) The department’s master contract for juvenile justice residential foster care services shall be amended to prohibit contractors from denying a referral for placement of a youth, or terminating a youth’s placement, if the youth’s assessed treatment needs are in alignment with the facility’s residential program type, as identified by the court or the department. In addition, the master contract shall require that youth placed in juvenile justice residential foster care facilities must have regularly scheduled treatment sessions with a licensed psychologist or psychiatrist, or both, and access to the licensed psychologist or psychiatrist as needed. (4) The rates established for private residential juvenile justice facilities that were in effect on October 1, 2015 remain in effect for the current fiscal year. (5) The department shall submit a quarterly report by November 1, February 1, May 1, and August 1 to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices on the current placement and status of the youth transferred from the W.J. Maxey Training School during the previous and current fiscal year as a result of the closure. Sec. 711. The department shall submit an implementation plan based on the report recommendations provided in the behavioral health study of juvenile justice facilities operated or contracted for by the state that was conducted in the previous fiscal year to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies and policy offices, and the state budget director. Sec. 719. The department shall notify the legislature at least 30 days before closing or making any change in the status, including the licensed bed capacity and operating bed capacity, of a state juvenile justice facility. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 969 Sec. 721. If the demand for placements at state-operated juvenile justice residential facilities exceeds capacity, the department shall not increase the available occupancy or services at the facilities, and shall post a request for proposals for a contract with not less than 1 private provider of residential services for juvenile justice youth to be a residential facility of last resort. FIELD OPERATIONS AND SUPPORT SERVICES Sec. 801. (1) Funds appropriated in part 1 for independent living shall be used to support centers for independent living in delivering mandated independent living core services in compliance with federal rules and regulations for the centers, by existing centers for independent living to serve underserved areas, and for projects to build the capacity of centers for independent living to deliver independent living services. Applications for the funds shall be reviewed in accordance with criteria and procedures established by the department. The funds appropriated in part 1 may be used to leverage federal vocational rehabilitation innovation and expansion funds consistent with 34 CFR 361.35 up to $5,543,000.00, if available. If the possibility of matching federal funds exists, the centers for independent living network will negotiate a mutually beneficial contractual arrangement with Michigan rehabilitation services. Funds shall be used in a manner consistent with the state plan for independent living. Services provided should assist people with disabilities to move toward self-sufficiency, including support for accessing transportation and health care, obtaining employment, community living, nursing home transition, information and referral services, education, youth transition services, veterans, and stigma reduction activities and community education. This includes the independent living guide project that specifically focuses on economic self-sufficiency. (2) The Michigan centers for independent living shall provide a report by March 1 of the current fiscal year to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office on direct customer and system outcomes and performance measures. Sec. 802. The Michigan rehabilitation services shall work collaboratively with the bureau of services for blind persons, service organizations, and government entities to identify qualified match dollars to maximize use of available federal vocational rehabilitation funds. Sec. 803. The department shall provide an annual report by February 1 to the house and senate appropriations sub­com­ mittees on the department budget, the house and senate fiscal agencies, and house and senate policy offices on the efforts taken to remedy and improve the deficiencies found in the most recent auditor general report on Michigan rehabilitation services. The report shall include all of the following items: (a) Reductions and changes in administration costs and staffing. (b) Service delivery plans and implementation steps achieved. (c) Reorganization plans and implementation steps achieved. (d) Plans to integrate Michigan rehabilitative services programs into other services provided by the department. (e) Quarterly expenditures by major spending category. (f) Employment and job retention rates from both Michigan rehabilitation services and its nonprofit partners. (g) Success rate of each district in achieving the program goals. Sec. 805. It is the intent of the legislature that Michigan rehabilitation services shall not implement an order of selection for vocational and rehabilitative services. If the department is at risk of entering into an order of selection for services, the department shall notify the chairs of the senate and house subcommittees on the department budget and the senate and house fiscal agencies and policy offices within 2 weeks of receiving notification. Sec. 806. From the funds appropriated in part 1 for Michigan rehabilitation services, the department shall allocate $6,100,300.00, including federal matching funds, to service contracts with accredited, community-based rehabilitation organizations for job development and other community employment-related support services. Sec. 825. From the funds appropriated in part 1, the department shall provide individuals not more than $500.00 for vehicle repairs, including any repairs done in the previous 12 months. However, the department may in its discretion pay for repairs up to $900.00. Payments under this section shall include the combined total of payments made by the department and work participation program. Sec. 850. (1) The department shall maintain out-stationed eligibility specialists in community-based organizations, community mental health agencies, nursing homes, and hospitals unless a community-based organization, community mental health agency, nursing home, or hospital requests that the program be discontinued at its facility. (2) From the funds appropriated in part 1 for donated funds positions, the department shall enter into a contract with any agency that requests a donated funds position and is able and eligible under federal law to provide the required matching funds for federal funding, as determined by federal statute and regulations. If the department denies a request for donated funds positions, the department shall provide to the agency that made the request the federal statute or regulation that supports the denial. If there is no federal statute or regulation that supports the denial, the department shall grant the request for the donated funds position. (3) A contract for a donated funds position must include, but not be limited to, the following performance metrics: (a) Meeting a standard of promptness for processing applications for Medicaid and other public assistance programs under state law. (b) Meeting required standards for error rates in determining programmatic eligibility as determined by the department. 970 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (4) The department shall only fill additional donated funds positions after a new contract has been signed. That position shall also be abolished when the contract expires or is terminated. (5) The department shall classify as limited-term FTEs any new employees who are hired to fulfill the donated funds position contracts or are hired to fill any vacancies from employees who transferred to a donated funds position. (6) Beginning in fiscal year 2016, the department may increase the total number of donated funds positions by 200.0 FTEs. The purpose of these positions will be to address client service needs in adult placement and independent living settings, federal qualified health clinics, hospitals with a high degree of uncompensated care, and employer-based sites. BEHAVIORAL HEALTH SERVICES Sec. 901. Funds appropriated in part 1 are intended to support a system of comprehensive community mental health services under the full authority and responsibility of local CMHSPs or PIHPs in accordance with the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106, the Medicaid provider manual, federal Medicaid waivers, and all other applicable federal and state laws. Sec. 902. (1) From funds appropriated in part 1, final authorizations to CMHSPs or PIHPs shall be made upon the execution of contracts between the department and CMHSPs or PIHPs. The contracts shall contain an approved plan and budget as well as policies and procedures governing the obligations and responsibilities of both parties to the contracts. Each contract with a CMHSP or PIHP that the department is authorized to enter into under this subsection shall include a provision that the contract is not valid unless the total dollar obligation for all of the contracts between the department and the CMHSPs or PIHPs entered into under this subsection for the current fiscal year does not exceed the amount of money appropriated in part 1 for the contracts authorized under this subsection. (2) The department shall immediately report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget director if either of the following occurs: (a) Any new contracts with CMHSPs or PIHPs that would affect rates or expenditures are enacted. (b) Any amendments to contracts with CMHSPs or PIHPs that would affect rates or expenditures are enacted. (3) The report required by subsection (2) shall include information about the changes and their effects on rates and expenditures. Sec. 904. (1) Not later than May 31 of the current fiscal year, the department shall provide a report on the CMHSPs, PIHPs, regional entities designated by the department as PIHPs, and managing entities for substance use disorders to the members of the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget director that includes the information required by this section. (2) The report shall contain information for each CMHSP, PIHP, regional entity designated by the department as a PIHP, and managing entity for substance use disorders and a statewide summary, each of which shall include at least the following information: (a) A demographic description of service recipients which, minimally, shall include reimbursement eligibility, client population, age, ethnicity, housing arrangements, and diagnosis. (b) Per capita expenditures by client population group and cultural and ethnic groups of the services area, including the deaf and hard of hearing population. (c) Financial information that, minimally, includes a description of funding authorized; expenditures by client group and fund source; and cost information by Medicaid and Healthy Michigan plan service category, including administration and funds specified for all outside contracts for services and products. Financial information must include the amount of funding, from each fund source, used to cover clinical services and supports. Service category includes all departmentapproved services. General fund expenditures should reflect those funds used to cover uninsured individuals including Medicaid spenddowns. (d) Data describing service outcomes that include, but are not limited to, an evaluation of consumer satisfaction, consumer choice, and quality of life concerns including, but not limited to, housing and employment. (e) Information about access to community mental health services programs that includes, but is not limited to, the following: (i) The number of people receiving requested services. (ii) The number of people who requested services but did not receive services. (f) The number of second opinions requested under the code and the determination of any appeals. (g) An analysis of information provided by CMHSPs in response to the needs assessment requirements of the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106. (h) Lapses and carryforwards during the immediately preceding fiscal year for CMHSPs, PIHPs, regional entities designated by the department as PIHPs, and managing entities for substance use disorders. (i) Information about contracts for both administrative and mental health services entered into by CMHSPs, PIHPs, regional entities designated by the department as PIHPs, and managing entities for substance use disorders with providers and others, including, but not limited to, all of the following: (i) The amount of the contract, organized by type of service provided. (ii) Payment rates, organized by the type of service provided. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 971 (iii) Administrative costs, including contract and consultant costs, for services provided to CMHSPs, PIHPs, regional entities designated by the department as PIHPs, and managing entities for substance use disorders. (j) Information on the community mental health Medicaid managed care and Healthy Michigan plan programs, including, but not limited to, the following: (i) Expenditures by each CMHSP, PIHP, regional entity designated by the department as a PIHP, and managing entity for substance use disorders organized by Medicaid eligibility group, including per eligible individual expenditure averages. (ii) Expenditures on, and utilization of, each Medicaid and Healthy Michigan plan service category by each CMHSP, PIHP, regional entity designated by the department as a PIHP, and managing entity for substance use disorders. (iii) Performance indicator information required to be submitted to the department in the contracts with CMHSPs, PIHPs, regional entities designated by the department as PIHPs, and managing entities for substance use disorders. (k) Administrative expenditures of each CMHSP, PIHP, regional entity designated by the department as a PIHP, and managing entity for substance use disorders that includes a breakout of the salary, benefits, and pension of each executive level staff and shall include the director, chief executive, and chief operating officers and other members identified as executive staff. (3) The department shall include data reporting requirements listed in subsection (2) in the annual contract with each individual CMHSP, PIHP, regional entity designated by the department as a PIHP, and managing entity for substance use disorders. (4) The department shall take all reasonable actions to ensure that the data required are complete and consistent among all CMHSPs, PIHPs, regional entities designated by the department as PIHPs, and managing entities for substance use disorders. Sec. 906. (1) The funds appropriated in part 1 for the state disability assistance substance use disorder services program shall be used to support per diem room and board payments in substance use disorder residential facilities. Eligibility of clients for the state disability assistance substance use disorder services program shall include needy persons 18 years of age or older, or emancipated minors, who reside in a substance use disorder treatment center. (2) The department shall reimburse all licensed substance use disorder programs eligible to participate in the program at a rate equivalent to that paid by the department to adult foster care providers. Programs accredited by departmentapproved accrediting organizations shall be reimbursed at the personal care rate, while all other eligible programs shall be reimbursed at the domiciliary care rate. Sec. 907. (1) The amount appropriated in part 1 for substance use disorder prevention, education, and treatment grants shall be expended to coordinate care and services provided to individuals with severe and persistent mental illness and substance use disorder diagnoses. (2) The department shall approve managing entity fee schedules for providing substance use disorder services and charge participants in accordance with their ability to pay. (3) The managing entity shall continue current efforts to collaborate on the delivery of services to those clients with mental illness and substance use disorder diagnoses with the goal of providing services in an administratively efficient manner. Sec. 908. (1) By April 1 of the current fiscal year, the department shall report the following data from the prior fiscal year on substance use disorder prevention, education, and treatment programs to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office: (a) Expenditures stratified by department-designated community mental health entity, by central diagnosis and referral agency, by fund source, by subcontractor, by population served, and by service type. Additionally, data on administrative expenditures by department-designated community mental health entity shall be reported. (b) Expenditures per state client, with data on the distribution of expenditures reported using a histogram approach. (c) Number of services provided by central diagnosis and referral agency, by subcontractor, and by service type. Additionally, data on length of stay, referral source, and participation in other state programs. (d) Collections from other first- or third-party payers, private donations, or other state or local programs, by departmentdesignated community mental health entity, by subcontractor, by population served, and by service type. (2) The department shall take all reasonable actions to ensure that the required data reported are complete and consistent among all department-designated community mental health entities. Sec. 910. The department shall assure that substance use disorder treatment is provided to applicants and recipients of public assistance through the department who are required to obtain substance use disorder treatment as a condition of eligibility for public assistance. Sec. 911. (1) The department shall ensure that each contract with a CMHSP or PIHP requires the CMHSP or PIHP to implement programs to encourage diversion of individuals with serious mental illness, serious emotional disturbance, or developmental disability from possible jail incarceration when appropriate. (2) Each CMHSP or PIHP shall have jail diversion services and shall work toward establishing working relationships with representative staff of local law enforcement agencies, including county prosecutors’ offices, county sheriffs’ offices, county jails, municipal police agencies, municipal detention facilities, and the courts. Written interagency agreements describing what services each participating agency is prepared to commit to the local jail diversion effort and the 972 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 procedures to be used by local law enforcement agencies to access mental health jail diversion services are strongly encouraged. Sec. 912. The department shall contract directly with the Salvation Army harbor light program to provide nonMedicaid substance use disorder services. Sec. 918. On or before the twenty-fifth of each month, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget director on the amount of funding paid to PIHPs to support the Medicaid managed mental health care program in the preceding month. The information shall include the total paid to each PIHP, per capita rate paid for each eligibility group for each PIHP, and number of cases in each eligibility group for each PIHP, and year-to-date summary of eligibles and expenditures for the Medicaid managed mental health care program. Sec. 924. Each PIHP that contracts with the department to provide services to the Medicaid population shall adhere to the following timely claims processing and payment procedure for claims submitted by health professionals and facilities: (a) A “clean claim” as described in section 111i of the social welfare act, 1939 PA 280, MCL 400.111i, shall be paid within 45 days after receipt of the claim by the PIHP. A clean claim that is not paid within this time frame shall bear simple interest at a rate of 12% per annum. (b) A PIHP shall state in writing to the health professional or facility any defect in the claim within 30 days after receipt of the claim. (c) A health professional and a health facility have 30 days after receipt of a notice that a claim or a portion of a claim is defective within which to correct the defect. The PIHP shall pay the claim within 30 days after the defect is corrected. Sec. 928. Each PIHP shall provide, from internal resources, local funds to be used as a bona fide part of the state match required under the Medicaid program in order to increase capitation rates for PIHPs. These funds shall not include either state funds received by a CMHSP for services provided to non-Medicaid recipients or the state matching portion of the Medicaid capitation payments made to a PIHP. Sec. 935. A county required under the provisions of the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106, to provide matching funds to a CMHSP for mental health services rendered to residents in its jurisdiction shall pay the matching funds in equal installments on not less than a quarterly basis throughout the fiscal year, with the first payment being made by October 1 of the current fiscal year. Sec. 958. Medicaid services shall include treatment for autism spectrum disorders as defined in the federally approved Medicaid state plan. Such alternatives may be coordinated with the Medicaid health plans and the Michigan Association of Health Plans. Sec. 960. The department shall allocate funds appropriated in part 1 for university autism programs through a grant process for the purpose of increasing the number of applied behavioral analysis therapists, autism diagnostic centers, autism treatment centers, and employment programs, and to increase the autism clinical expertise of health care providers. Sec. 994. (1) Contingent upon federal approval, if a CMHSP, PIHP, or subcontracting provider agency is reviewed and accredited by a national accrediting entity for behavioral health care services, the department, by April 1 of the current fiscal year, shall consider that CMHSP, PIHP, or subcontracting provider agency in compliance with state program review and audit requirements that are addressed and reviewed by that national accrediting entity. (2) By June 1 of the current fiscal year, the department shall report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget office all of the following: (a) A list of each CMHSP, PIHP, and subcontracting provider agency that is considered in compliance with state program review and audit requirements under subsection (1). (b) For each CMHSP, PIHP, or subcontracting provider agency described in subdivision (a), all of the following: (i) The state program review and audit requirements that the CMHSP, PIHP, or subcontracting provider agency is considered in compliance with. (ii) The national accrediting entity that reviewed and accredited the CMHSP, PIHP, or subcontracting provider agency. (3) The department shall continue to comply with state and federal law and shall not initiate an action that negatively impacts beneficiary safety. (4) As used in this section, “national accrediting entity” means the Joint Commission, formerly known as the Joint Commission on Accreditation of Healthcare Organizations, the Commission on Accreditation of Rehabilitation Facilities, the Council on Accreditation, the URAC, formerly known as the Utilization Review Accreditation Commission, the National Committee for Quality Assurance, or other appropriate entity, as approved by the department. Sec. 995. From the funds appropriated in part 1 for behavioral health program administration, $4,350,000.00 is intended to address the recommendations of the mental health diversion council. Sec. 997. The population data used in determining the distribution of substance use disorder block grant funds shall be from the most recent federal census. Sec. 998. For distribution of state general funds to CMHSPs, if the department decides to use census data, the department shall use the most recent federal decennial census data available. Sec. 1002. (1) The department shall continue developing an outreach program on fetal alcohol syndrome services. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 973 (2) The department shall explore federal grant funding to address prevention services for fetal alcohol syndrome and reduce alcohol consumption among pregnant women. Sec. 1003. The department shall notify the Michigan Association of Community Mental Health Boards when developing policies and procedures that will impact PIHPs or CMHSPs. Sec. 1004. (1) The department shall continue to work with the workgroup created to make recommendations to achieve more uniformity in capitation payments made to the PIHPs. (2) The department shall provide the workgroup’s progress report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget director by March 1 of the current fiscal year. Sec. 1005. For the purposes of special projects involving high-need children or adults, including the not guilty by reason of insanity population, the department may contract directly with providers of services to these identified populations. Sec. 1006. No later than June 1 of the current fiscal year, the department shall provide the house and senate appro­ priations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget office with the most recent cost data information submitted by the CMHSPs on how the funds appropriated in part 1 for the com­munity mental health services non-Medicaid services line item were expended by each CMHSP. At a minimum, the information must include CMHSPs general fund/general purpose costs for each of the following categories: administration, prevention, jail diversion and treatment services, MIChild program, children’s waiver home care program, children with serious emotional disturbance waiver program, services provided to individuals with mental illness and developmental disabilities who are not eligible for Medicaid, and the Medicaid spenddown population. Sec. 1007. (1) From the funds appropriated in part 1 for behavioral health program administration, the department shall establish a psychiatric residential treatment facility and children’s behavioral action team. These services will augment the continuum of behavioral health services for high-need youth and provide additional continuity of care and transition into supportive community-based services. (2) Outcomes and performance measures for this initiative include, but are not limited to, the following: (a) The rate of rehospitalization for youth served through the program at 30 and 180 days. (b) Measured change in the Child and Adolescent Functional Assessment Scale for children served through the program. Sec. 1008. The PIHP shall do all of the following: (a) Work to reduce administration costs by ensuring that PIHP responsible functions are efficient to allow optimal transi­tion of dollars to direct services. This process must include limiting duplicate layers of administration and minimiz­ ing PIHP-delegated services that may result in higher costs or inconsistent service delivery, or both. (b) Take an active role in managing mental health care by ensuring consistent and high-quality service delivery throughout its network and promote a conflict-free care management environment. (c) Ensure that direct service rate variances are related to the level of need or other quantifiable measures to ensure that the most money possible reaches direct services. (d) Whenever possible, promote fair and adequate direct care reimbursement, including fair wages for direct service workers. Sec. 1009. (1) The department shall work with PIHP network providers to analyze the workforce challenges of recruitment and retention of staff who provide Medicaid-funded community living supports, personal care services, respite services, skill building services, and other similar supports and services. The department workgroup must consider ways to attract and retain staff to provide Medicaid-funded supports and services. (2) The department workgroup must include PIHP providers, CMHSPs, individuals with disabilities, and staff. (3) The department shall provide a status report on the workgroup’s suggestions to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget director, making note in the report when the participants outlined in subsection (2) reached consensus on the workgroup’s suggestions and when the participants outlined in subsection (2) had points of difference on the workgroup’s suggestions. Sec. 1010. (1) If the federal government allows the redistribution of lapsed federal Medicaid match funds in the Medicaid mental health services line, the funds appropriated in part 1 for Medicaid mental health services funds, which have lapsed, shall be distributed to individual PIHPs based on the PIHP distribution formula in effect during the current fiscal year. (2) It is the intent of the legislature that any funds that lapse from the funds appropriated in part 1 for Medicaid mental health services shall be redistributed to individual CMHSPs based on the community mental health non-Medicaid services distribution formula in effect during the current fiscal year. By April 1 of the current fiscal year, the department shall report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget office on the lapse by PIHP from the previous fiscal year and the projected lapse by PIHP in the current fiscal year. STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL HEALTH SERVICES Sec. 1051. The department shall continue a revenue recapture project to generate additional revenues from third parties related to cases that have been closed or are inactive. A portion of revenues collected through project efforts may be 974 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 used for departmental costs and contractual fees associated with these retroactive collections and to improve ongoing departmental reimbursement management functions. Sec. 1052. The purpose of gifts and bequests for patient living and treatment environments is to use additional private funds to provide specific enhancements for individuals residing at state-operated facilities. Use of the gifts and bequests shall be consistent with the stipulation of the donor. The expected completion date for the use of gifts and bequests donations is within 3 years unless otherwise stipulated by the donor. Sec. 1055. (1) The department shall not implement any closures or consolidations of state hospitals, centers, or agencies until CMHSPs or PIHPs have programs and services in place for those individuals currently in those facilities and a plan for service provision for those individuals who would have been admitted to those facilities. (2) All closures or consolidations are dependent upon adequate department-approved CMHSP and PIHP plans that include a discharge and aftercare plan for each individual currently in the facility. A discharge and aftercare plan shall address the individual’s housing needs. A homeless shelter or similar temporary shelter arrangements are inadequate to meet the individual’s housing needs. (3) Four months after the certification of closure required in section 19(6) of the state employees’ retirement act, 1943 PA 240, MCL 38.19, the department shall provide a closure plan to the house and senate appropriations subcommittees on the department budget and the state budget director. (4) Upon the closure of state-run operations and after transitional costs have been paid, the remaining balances of funds appropriated for that operation shall be transferred to CMHSPs or PIHPs responsible for providing services for individuals previously served by the operations. Sec. 1056. The department may collect revenue for patient reimbursement from first- and third-party payers, including Medicaid and local county CMHSP payers, to cover the cost of placement in state hospitals and centers. The department is authorized to adjust financing sources for patient reimbursement based on actual revenues earned. If the revenue collected exceeds current year expenditures, the revenue may be carried forward with approval of the state budget director. The revenue carried forward shall be used as a first source of funds in the subsequent year. Sec. 1058. Effective October 1 of the current fiscal year, the department, in consultation with the department of technology, management, and budget, may maintain a bid process to identify 1 or more private contractors to provide food service and custodial services for the administrative areas at any state hospital identified by the department as capable of generating savings through the outsourcing of such services. PUBLIC HEALTH ADMINISTRATION Sec. 1101. The department shall work with the Michigan health endowment fund corporation established under sec­ tion 653 of the nonprofit health care corporation reform act, 1980 PA 350, MCL 550.1653, to explore ways to fund and evaluate current and future policies and programs. Sec. 1102. From the funds appropriated in part 1 for health and wellness initiatives, $1,000,000.00 shall be allocated for a school children’s healthy exercise program to promote and advance physical health for school children in kindergarten through grade 8. The department shall recommend model programs for sites to implement that incorporate evidence‑based best practices. The department shall grant no less than 1/2 of the funds appropriated in part 1 for before- and after‑school programs. The department shall establish guidelines for program sites, which may include schools, community-based organizations, private facilities, recreation centers, or other similar sites. The program format shall encourage local deter­ mination of site activities and shall encourage local inclusion of youth in the decision-making regarding site activities. Program goals shall include children experiencing improved physical health and access to physical activity opportunities, the reduction of obesity, providing a safe place to play and exercise, and nutrition education. To be eligible to participate, program sites shall provide a 20% match to the state funding, which may be provided in full, or in part, by a corporation, foundation, or private partner. The department shall seek financial support from corporate, foundation, or other private partners for the program or for individual program sites. Sec. 1103. The department shall establish criteria for all funds allocated under part 1 for health and wellness initiatives. The criteria must include a requirement that all programs funded be evidence-based and supported by research, include interventions that have been shown to demonstrate outcomes that lower cost and improve quality, and be designed for statewide impact. Preference must be given to programs that utilize the funding as match for additional resources including, but not limited to, federal sources. HEALTH POLICY Sec. 1140. From the funds appropriated in part 1 for primary care services, $250,000.00 shall be allocated to free health clinics operating in the state. The department shall distribute the funds equally to each free health clinic. For the purpose of this appropriation, “free health clinics” means nonprofit organizations that use volunteer health professionals to provide care to uninsured individuals. Sec. 1141. The department shall continue support of multicultural agencies that provide primary care services from the funds appropriated in part 1. Sec. 1142. The department shall continue to seek means to increase retention of Michigan medical school students for completion of their primary care residency requirements within this state and ultimately, for some period of time, to remain in this state and serve as primary care physicians. The department is encouraged to work with Michigan institutions of higher education. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 975 Sec. 1143. The department may award health innovation grants to address emerging issues and encourage cutting edge advances in health care including strategic partners in both the public and private sectors. Sec. 1144. (1) From the funds appropriated in part 1 for health policy administration, the department shall allocate the federal state innovation model grant funding that supports implementation of the health delivery system innovations detailed in this state’s “Reinventing Michigan’s Health Care System: Blueprint for Health Innovation” document. Over the next 4 years this initiative will test new payment methodologies, support improved population health outcomes, and support improved infrastructure for technology and data sharing and reporting. The funds will be used to provide financial support directly to regions participating in the model test and to support statewide stakeholder guidance and technical support. (2) Outcomes and performance measures for the initiative under subsection (1) include, but are not limited to, the following: (a) Increasing the number of physician practices fulfilling patient-centered medical home functions. (b) Reducing inappropriate health utilization, specifically reducing preventable emergency department visits, reducing the proportion of hospitalizations for ambulatory sensitive conditions, and reducing this state’s 30-day hospital readmis­ sion rate. (3) By March 1 and September 1 of the current fiscal year, the department shall submit a written report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget office on the status of the program and progress made since the prior report. (4) From the funds appropriated in part 1 for health policy administration, any data aggregator created as part of the allocation of the federal state innovation model grant funds must meet the following standards: (a) The primary purpose of the data aggregator must be to increase the quality of health care delivered in this state, while reducing costs. (b) The data aggregator must be governed by a nonprofit entity. (c) All decisions regarding the establishment, administration, and modification of the database must be made by an advisory board. The membership of the advisory board must include the director of the department or a designee of the director and representatives of health carriers, consumers, and purchasers. (d) The data aggregator must receive health care claims information from, without limitation, commercial health carriers, nonprofit health care corporations, health maintenance organizations, and third party administrators that process claims under a service contract. (e) The data aggregator must use existing data sources and technological infrastructure, to the extent possible. Sec. 1145. The department will take steps necessary to assure that Indian Health Service, Tribal or Urban Indian Health Program facilities that provide services under a contract with a Medicaid managed care entity receive the maximum amount allowable under federal law for Medicaid services. Sec. 1146. From the funds appropriated in part 1 for bone marrow transplant registry, $250,000.00 shall be allocated to Michigan Blood, the partner of the match registry of the national marrow donor program. The funds shall be used to offset ongoing tissue typing expenses associated with donor recruitment and collection services and to expand those services to better serve the citizens of this state. EPIDEMIOLOGY AND INFECTIOUS DISEASE Sec. 1180. From the funds appropriated in part 1 for the healthy homes program, no less than $1,750,000.00 shall be allocated for lead abatement of homes. Sec. 1181. The department shall implement a plan designed to improve Michigan’s childhood and adolescent immuniza­ tion rates. The department shall engage organizations working to provide immunizations and education about the value of vaccines, including, but not limited to, statewide organizations representing health care providers, local public health departments, child health interest groups, and private foundations with a mission to increase immunization rates. Sec. 1182. From the funds appropriated in part 1 for immunization programs, for every $4.00 in private matching funds received, this state shall allocate $1.00, up to $500,000.00 in state contributions, to provide and promote education about the value of vaccines for infants and toddlers. LOCAL HEALTH ADMINISTRATION AND GRANTS Sec. 1220. The amount appropriated in part 1 for implementation of the 1993 additions of or amendments to sec­ tions 9161, 16221, 16226, 17014, 17015, and 17515 of the public health code, 1978 PA 368, MCL 333.9161, 333.16221, 333.16226, 333.17014, 333.17015, and 333.17515, shall be used to reimburse local health departments for costs incurred related to implementation of section 17015(18) of the public health code, 1978 PA 368, MCL 333.17015. Sec. 1221. If a county that has participated in a district health department or an associated arrangement with other local health departments takes action to cease to participate in such an arrangement after October 1 of the current fiscal year, the department shall have the authority to assess a penalty from the local health department’s operational accounts in an amount equal to no more than 6.25% of the local health department’s essential local public health services funding. This penalty shall only be assessed to the local county that requests the dissolution of the health department. Sec. 1222. (1) Funds appropriated in part 1 for essential local public health services shall be prospectively allocated to local health departments to support immunizations, infectious disease control, sexually transmitted disease control 976 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 and prevention, hearing screening, vision services, food protection, public water supply, private groundwater supply, and on-site sewage management. Food protection shall be provided in consultation with the department of agriculture and rural development. Public water supply, private groundwater supply, and on-site sewage management shall be provided in consultation with the department of environmental quality. (2) Local public health departments shall be held to contractual standards for the services in subsection (1). (3) Distributions in subsection (1) shall be made only to counties that maintain local spending in the current fiscal year of at least the amount expended in fiscal year 1992-1993 for the services described in subsection (1). CHRONIC DISEASE AND INJURY PREVENTION AND HEALTH PROMOTION Sec. 1260. From the funds appropriated in part 1 for Alzheimer’s disease in-home care pilot, $150,000.00 is appro­ priated for Alzheimer’s disease services and shall be remitted to the Alzheimer’s association-Michigan chapters for the purpose of carrying out a pilot project in Macomb, Monroe, and St. Joseph Counties. The fiduciary for the funds is the Alzheimer’s association-greater Michigan chapter. The Alzheimer’s association shall provide enhanced services, including 24/7 helpline, continued care consultation, and support groups, to individuals with Alzheimer’s disease or dementia and their families in the 3 counties, and partner with a Michigan public university to study whether provision of such in-home support services significantly delays the need for residential long-term care services for individuals with Alzheimer’s disease or dementia. The study must also consider potential cost savings related to the delay of long-term care services, if a delay is shown. FAMILY, MATERNAL, AND CHILDREN’S HEALTH SERVICES Sec. 1300. By January 3 of the current fiscal year the department shall annually issue to the legislature, and to the public on the Internet, a report providing estimated public funds administered by the department for family planning, sexually transmitted infection prevention and treatment, and pregnancies and births, as well as demographics collected by the department as voluntarily self-reported by individuals utilizing those services. The department shall provide the actual expenditures by marital status or, where actual expenditures are not available, shall provide estimated expenditures by marital status. The department may utilize the DCH-1426 application for health coverage and help paying costs or any other official application for public assistance for medical coverage to determine the actual or estimated public expenditures based on marital status. Sec. 1301. (1) Before April 1 of the current fiscal year, the department shall submit a report to the house and senate fiscal agencies and the state budget director on planned allocations from the amounts appropriated in part 1 for local MCH services, prenatal care outreach and service delivery support, family planning local agreements, and pregnancy prevention programs. Using applicable federal definitions, the report shall include information on all of the following: (a) Funding allocations. (b) Actual number of women, children, and adolescents served and amounts expended for each group for the immediately preceding fiscal year. (c) A breakdown of the expenditure of these funds between urban and rural communities. (2) The department shall ensure that the distribution of funds through the programs described in subsection (1) takes into account the needs of rural communities. (3) For the purposes of this section, “rural” means a county, city, village, or township with a population of 30,000 or less, including those entities if located within a metropolitan statistical area. Sec. 1302. Each family planning program receiving federal title X family planning funds under 42 USC 300 to 300a-8 shall be in compliance with all performance and quality assurance indicators that the office of population affairs within the United States Department of Health and Human Services specifies in the program guidelines for project grants for family planning services. An agency not in compliance with the indicators shall not receive supplemental or reallocated funds. Sec. 1303. The department shall not contract with an organization which provides elective abortions, abortion counseling, or abortion referrals, for services that are to be funded with state restricted or state general fund/general purpose funds appropriated in part 1 for family planning local agreements. An organization under contract with the depart­ment shall not subcontract with an organization which provides elective abortions, abortion counseling, or abortion referrals, for services that are to be funded with state restricted or state general fund/general purpose funds appropriated in part 1 for family planning local agreements. Sec. 1304. The department shall not use state restricted funds or state general funds appropriated in part 1 in the pregnancy prevention program or family planning local agreements appropriation line items for abortion counseling, referrals, or services. Sec. 1305. (1) From the amounts appropriated in part 1 for dental programs, funds shall be allocated to the Michigan Dental Association for the administration of a volunteer dental program that provides dental services to the uninsured. (2) Not later than December 1 of the current fiscal year, the department shall report to the senate and house appropriations subcommittees on the department budget and the senate and house standing committees on health policy the number of individual patients treated, number of procedures performed, and approximate total market value of those procedures from the immediately preceding fiscal year. Sec. 1306. The department shall use revenue from mobile dentistry facility permit fees received under section 21605 of the public health code, 1978 PA 368, MCL 333.21605, to offset the cost of the permit program. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 977 Sec. 1307. From the funds appropriated in part 1 for prenatal care outreach and service delivery support, $50,000.00 shall be allocated for a pregnancy and parenting support services program, which program must promote childbirth, alternatives to abortion, and grief counseling. The department shall establish a program with a qualified contractor that will contract with qualified service providers to provide free counseling, support, and referral services to eligible women during pregnancy through 12 months after birth. As appropriate, the goals for client outcomes shall include an increase in client support, an increase in childbirth choice, an increase in adoption knowledge, an improvement in parenting skills, and improved reproductive health through abstinence education. The contractor of the program shall provide for program training, client educational material, program marketing, and annual service provider site monitoring. The department shall submit a report to the house and senate appropriations subcommittees on the department budget and the house and senate fiscal agencies by April 1 of the current fiscal year on the number of clients served. Sec. 1308. From the funds appropriated in part 1 for prenatal care outreach and service delivery support, not less than $500,000.00 of funding shall be allocated for evidence-based programs to reduce infant mortality including nurse family partnership programs. The funds shall be used for enhanced support and education to nursing teams or other teams of qualified health professionals, client recruitment in areas designated as underserved for obstetrical and gynecological services and other high-need communities, strategic planning to expand and sustain programs, and marketing and communications of programs to raise awareness, engage stakeholders, and recruit nurses. Sec. 1309. The department shall allocate funds appropriated in section 119 of part 1 for family, maternal, and children’s health services pursuant to section 1 of 2002 PA 360, MCL 333.1091. Sec. 1310. The department shall continue to work jointly with the Michigan state housing development authority and the joint task force established under article IV of 2014 PA 252 to review housing rehabilitation, energy and weatherization, and hazard abatement program policies and to make recommendations for integrating and coordinating project delivery with the goals of serving more families and achieving better outcomes by maximizing state and federal resources. The joint task force may provide recommendations to the department. Recommendations of the joint task force must give consideration to best practices and cost effectiveness. Sec. 1311. From the funds appropriated in part 1 for prenatal care outreach and service delivery support, equal consideration shall be given to all eligible evidence-based providers in all regions in contracting for rural health visitation services. Sec. 1312. The department shall spend any available work project money to enhance services provided under the rural home visitation program. WOMEN, INFANTS, AND CHILDREN FOOD AND NUTRITION PROGRAM Sec. 1340. The women, infants, and children special supplemental food and nutrition program shall encourage participants to choose the lowest price product available at the time of purchase. All products must satisfy nutritional requirements of the federal program. The biannual food authorization guidelines will be updated to reflect these changes. CHILDREN’S SPECIAL HEALTH CARE SERVICES Sec. 1360. The department may do 1 or more of the following: (a) Provide special formula for eligible clients with specified metabolic and allergic disorders. (b) Provide medical care and treatment to eligible patients with cystic fibrosis who are 21 years of age or older. (c) Provide medical care and treatment to eligible patients with hereditary coagulation defects, commonly known as hemophilia, who are 21 years of age or older. (d) Provide human growth hormone to eligible patients. Sec. 1361. From the funds appropriated in part 1 for medical care and treatment, the department is authorized to spend those funds for the continued development and expansion of telemedicine capacity to allow families with children in the children’s special health care services program to access specialty providers more readily and in a more timely manner. CRIME VICTIM SERVICES COMMISSION Sec. 1380. From the funds appropriated in part 1 for justice assistance grants, the department shall continue to support forensic nurse examiner programs to facilitate training for improved evidence collection for the prosecution of sexual assault. The funds shall be used for program coordination and training. AGING AND ADULT SERVICES AGENCY Sec. 1403. (1) By February 1 of the current fiscal year, the aging and adult services agency shall require each region to report to the aging and adult services agency and to the legislature home-delivered meals waiting lists based upon standard criteria. Determining criteria shall include all of the following: (a) The recipient’s degree of frailty. (b) The recipient’s inability to prepare his or her own meals safely. (c) Whether the recipient has another care provider available. (d) Any other qualifications normally necessary for the recipient to receive home-delivered meals. (2) Data required in subsection (1) shall be recorded only for individuals who have applied for participation in the home-delivered meals program and who are initially determined as likely to be eligible for home-delivered meals. 978 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 Sec. 1417. The department shall provide to the senate and house appropriations subcommittees on the department budget, senate and house fiscal agencies, and state budget director a report by March 30 of the current fiscal year that contains all of the following: (a) The total allocation of state resources made to each area agency on aging by individual program and administration. (b) Detail expenditure by each area agency on aging by individual program and administration including both statefunded resources and locally-funded resources. Sec. 1421. From the funds appropriated in part 1 for community services, $1,100,000.00 shall be allocated to area agencies on aging for locally determined needs. Sec. 1422. (1) From the funds appropriated in part 1 for aging and adult services administration, the department shall contract with the Prosecuting Attorneys Association of Michigan to provide the support and services necessary to increase the capability of the state’s prosecutors, adult protective service system, and criminal justice system to effectively identify, investigate, and prosecute elder abuse and financial exploitation. (2) By March 1 of the current fiscal year, the Prosecuting Attorneys Association of Michigan shall provide a report on the efficacy of the contract to the state budget office, the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the house and senate policy offices. Sec. 1423. From the funds appropriated in part 1 for Elder Law of Michigan MiCAFE contract, the department shall allocate not less than $350,000.00 to the Elder Law of Michigan MiCAFE to assist this state’s elderly population to participate in the food assistance program. Of the $350,000.00 allocated under this section, the department shall use $175,000.00, which are general fund/general purpose funds, as state matching funds for not less than $175,000.00 in United States Department of Agriculture funding to provide outreach program activities, such as eligibility screen and information services, as part of a statewide food assistance hotline. MEDICAL SERVICES ADMINISTRATION Sec. 1501. The unexpended funds appropriated in part 1 for the electronic health records incentive program are considered work project appropriations, and any unencumbered or unallotted funds are carried forward into the following fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the project to be carried forward is to implement the Medicaid electronic health record program that provides financial incentive payments to Medicaid health care providers to encourage the adoption and meaningful use of electronic health records to improve quality, increase efficiency, and promote safety. (b) The projects will be accomplished according to the approved federal advanced planning document. (c) The estimated cost of this project phase is identified in the appropriation line item. (d) The tentative completion date for the work project is September 30, 2020. Sec. 1502. The department shall spend available work project revenue and any associated federal match to create and develop a transparency database website. This funding is contingent upon enactment of enabling legislation. Sec. 1503. From the funds appropriated in part 1 for Healthy Michigan plan administration, the department shall maintain an accounting structure within the Michigan administrative information network that will allow expenditures associated with the administration of the Healthy Michigan plan to be identified. Sec. 1505. By March 1 and September 1 of the current fiscal year, the department shall submit a report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office including both of the following: (a) The department’s projected annual increase in reimbursement savings and cost offsets that will result from the additional funds appropriated in part 1 for the office of inspector general and third party liability efforts. (b) The actual increase in reimbursement savings and cost offsets that have resulted from the additional funds appropriated in part 1 for the office of inspector general and third party liability efforts. Sec. 1506. The department shall submit to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office a quarterly report on the implementation status of the Healthy Michigan call center that includes all of the following information: (a) Call volume during the prior quarter. (b) Percentage of calls resolved through the Healthy Michigan plan call center. (c) Percentage of calls transferred to a local department office or other office for resolution. (d) Number of Medicaid applications completed by the Healthy Michigan call center staff and submitted on behalf of clients. MEDICAL SERVICES Sec. 1601. The cost of remedial services incurred by residents of licensed adult foster care homes and licensed homes for the aged shall be used in determining financial eligibility for the medically needy. Remedial services include basic self-care and rehabilitation training for a resident. Sec. 1603. (1) The department may establish a program for individuals to purchase medical coverage at a rate determined by the department. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 979 (2) The department may receive and expend premiums for the buy-in of medical coverage in addition to the amounts appropriated in part 1. (3) The premiums described in this section shall be classified as private funds. Sec. 1605. The protected income level for Medicaid coverage determined pursuant to section 106(1)(b)(iii) of the social welfare act, 1939 PA 280, MCL 400.106, shall be 100% of the related public assistance standard. Sec. 1606. For the purpose of guardian and conservator charges, the department may deduct up to $60.00 per month as an allowable expense against a recipient’s income when determining medical services eligibility and patient pay amounts. Sec. 1607. (1) An applicant for Medicaid, whose qualifying condition is pregnancy, shall immediately be presumed to be eligible for Medicaid coverage unless the preponderance of evidence in her application indicates otherwise. The applicant who is qualified as described in this subsection shall be allowed to select or remain with the Medicaid participating obstetrician of her choice. (2) An applicant qualified as described in subsection (1) shall be given a letter of authorization to receive Medicaid covered services related to her pregnancy. All qualifying applicants shall be entitled to receive all medically necessary obstetrical and prenatal care without preauthorization from a health plan. All claims submitted for payment for obstetrical and prenatal care shall be paid at the Medicaid fee-for-service rate in the event a contract does not exist between the Medicaid participating obstetrical or prenatal care provider and the managed care plan. The applicant shall receive a listing of Medicaid physicians and managed care plans in the immediate vicinity of the applicant’s residence. (3) In the event that an applicant, presumed to be eligible pursuant to subsection (1), is subsequently found to be ineligible, a Medicaid physician or managed care plan that has been providing pregnancy services to an applicant under this section is entitled to reimbursement for those services until such time as they are notified by the department that the applicant was found to be ineligible for Medicaid. (4) If the preponderance of evidence in an application indicates that the applicant is not eligible for Medicaid, the department shall refer that applicant to the nearest public health clinic or similar entity as a potential source for receiving pregnancy-related services. (5) The department shall develop an enrollment process for pregnant women covered under this section that facilitates the selection of a managed care plan at the time of application. (6) The department shall mandate enrollment of women, whose qualifying condition is pregnancy, into Medicaid managed care plans. (7) The department shall encourage physicians to provide women, whose qualifying condition for Medicaid is pregnancy, with a referral to a Medicaid participating dentist at the first pregnancy-related appointment. Sec. 1611. (1) For care provided to medical services recipients with other third-party sources of payment, medical services reimbursement shall not exceed, in combination with such other resources, including Medicare, those amounts established for medical services-only patients. The medical services payment rate shall be accepted as payment in full. Other than an approved medical services co-payment, no portion of a provider’s charge shall be billed to the recipient or any person acting on behalf of the recipient. Nothing in this section shall be considered to affect the level of payment from a third-party source other than the medical services program. The department shall require a nonenrolled provider to accept medical services payments as payment in full. (2) Notwithstanding subsection (1), medical services reimbursement for hospital services provided to dual Medicare/ medical services recipients with Medicare part B coverage only shall equal, when combined with payments for Medicare and other third-party resources, if any, those amounts established for medical services-only patients, including capital payments. Sec. 1620. (1) For fee-for-service recipients who do not reside in nursing homes, the pharmaceutical dispensing fee shall be $2.75 or the pharmacy’s usual or customary cash charge, whichever is less. For nursing home residents, the pharmaceutical dispensing fee shall be $3.00 or the pharmacy’s usual or customary cash charge, whichever is less. (2) The department shall require a prescription co-payment for Medicaid recipients not enrolled in the Healthy Michigan plan or with an income less than 100% of the federal poverty level of $1.00 for a generic drug and $3.00 for a brand-name drug, except as prohibited by federal or state law or regulation. (3) The department shall require a prescription co-payment for Medicaid recipients enrolled in the Healthy Michigan plan with an income of at least 100% of the federal poverty level of $4.00 for a generic drug and $8.00 for a brand-name drug, except as prohibited by federal or state law or regulation. Sec. 1629. The department shall utilize maximum allowable cost pricing for generic drugs that is based on wholesaler pricing to providers that is available from at least 2 wholesalers who deliver in this state. Sec. 1631. (1) The department shall require co-payments on dental, podiatric, and vision services provided to Medicaid recipients, except as prohibited by federal or state law or regulation. (2) Except as otherwise prohibited by federal or state law or regulation, the department shall require Medicaid recipients not enrolled in the Healthy Michigan plan or with an income less than 100% of the federal poverty level to pay not less than the following co-payments: (a) Two dollars for a physician office visit. (b) Three dollars for a hospital emergency room visit. 980 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (c) Fifty dollars for the first day of an inpatient hospital stay. (d) One dollar for an outpatient hospital visit. (3) Except as otherwise prohibited by federal or state law or regulation, the department shall require Medicaid recipients enrolled in the Healthy Michigan plan with an income of at least 100% of the federal poverty level to pay the following co-payments: (a) Four dollars for a physician office visit. (b) Eight dollars for a hospital emergency room visit. (c) One hundred dollars for the first day of an inpatient hospital stay. (d) Four dollars for an outpatient hospital visit or any other medical provider visit to the extent allowed by federal or state law or regulation. Sec. 1641. An institutional provider that is required to submit a cost report under the medical services program shall submit cost reports completed in full within 5 months after the end of its fiscal year. Sec. 1657. (1) Reimbursement for medical services to screen and stabilize a Medicaid recipient, including stabilization of a psychiatric crisis, in a hospital emergency room shall not be made contingent on obtaining prior authorization from the recipient’s HMO. If the recipient is discharged from the emergency room, the hospital shall notify the recipient’s HMO within 24 hours of the diagnosis and treatment received. (2) If the treating hospital determines that the recipient will require further medical service or hospitalization beyond the point of stabilization, that hospital shall receive authorization from the recipient’s HMO prior to admitting the recipient. (3) Subsections (1) and (2) do not require an alteration to an existing agreement between an HMO and its contracting hospitals and do not require an HMO to reimburse for services that are not considered to be medically necessary. Sec. 1659. The following sections of this part are the only ones that shall apply to the following Medicaid managed care programs, including the comprehensive plan, MIChoice long-term care plan, and the mental health, substance use disorder, and developmentally disabled services program: 904, 911, 918, 928, 994, 1008, 1607, 1657, 1662, 1699, 1764, 1806, 1807, 1809, 1810, 1820, 1850, and 1888. Sec. 1662. (1) The department shall assure that an external quality review of each contracting HMO is performed that results in an analysis and evaluation of aggregated information on quality, timeliness, and access to health care services that the HMO or its contractors furnish to Medicaid beneficiaries. (2) The department shall require Medicaid HMOs to provide EPSDT utilization data through the encounter data system, and HEDIS well child health measures in accordance with the National Committee for Quality Assurance prescribed methodology. (3) The department shall provide a copy of the analysis of the Medicaid HMO annual audited HEDIS reports and the annual external quality review report to the senate and house of representatives appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget director, within 30 days of the department’s receipt of the final reports from the contractors. Sec. 1670. (1) The appropriation in part 1 for the MIChild program is to be used to provide comprehensive health care to all children under age 19 who reside in families with income at or below 212% of the federal poverty level, who are uninsured and have not had coverage by other comprehensive health insurance within 6 months of making application for MIChild benefits, and who are residents of this state. The department shall develop detailed eligibility criteria through the medical services administration public concurrence process, consistent with the provisions of this part and part 1. (2) The department may provide up to 1 year of continuous eligibility to children eligible for the MIChild program unless the family fails to pay the monthly premium, a child reaches age 19, or the status of the children’s family changes and its members no longer meet the eligibility criteria as specified in the federally approved MIChild state plan. (3) Children whose category of eligibility changes between the Medicaid and MIChild programs shall be assured of keeping their current health care providers through the current prescribed course of treatment for up to 1 year, subject to periodic reviews by the department if the beneficiary has a serious medical condition and is undergoing active treatment for that condition. (4) To be eligible for the MIChild program, a child must be residing in a family with an adjusted gross income of less than or equal to 212% of the federal poverty level. The department’s verification policy shall be used to determine eligibility. (5) The department shall contract with Medicaid health plans to provide physical health services to MIChild enrollees. The department may continue to obtain physical health services for MIChild enrollees from health maintenance organizations and preferred provider organizations currently under contract for whatever duration is needed as determined by the department. The department shall contractually require that health plans pay out-of-network providers at the department fee schedule. The department shall contract with qualified dental plans to provide dental coverage for MIChild enrollees. (6) The department may enter into contracts to obtain certain MIChild services from community mental health service programs. (7) The department may make payments on behalf of children enrolled in the MIChild program from the line-item appropriation associated with the program as described in the MIChild state plan approved by the United States Depart­ ment of Health and Human Services, or from other medical services. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 981 (8) The department shall assure that an external quality review of each MIChild contractor, as described in subsection (5), is performed, which analyzes and evaluates the aggregated information on quality, timeliness, and access to health care services that the contractor furnished to MIChild beneficiaries. (9) The department shall develop an automatic enrollment algorithm that is based on quality and performance factors. (10) MIChild services shall include treatment for autism spectrum disorders as defined in the federally approved Medicaid state plan. Sec. 1673. The department may establish premiums for MIChild eligible individuals in families with income at or below 212% of the federal poverty level. The monthly premiums shall be $10.00 per month. Sec. 1677. The MIChild program shall provide, at a minimum, all benefits available under the Michigan benchmark plan that are delivered through contracted providers and consistent with federal law, including, but not limited to, the following medically necessary services: (a) Inpatient mental health services, other than substance use disorder treatment services, including services furnished in a state-operated mental hospital and residential or other 24-hour therapeutically planned structured services. (b) Outpatient mental health services, other than substance use disorder services, including services furnished in a state-operated mental hospital and community-based services. (c) Durable medical equipment and prosthetic and orthotic devices. (d) Dental services as outlined in the approved MIChild state plan. (e) Substance use disorder treatment services that may include inpatient, outpatient, and residential substance use disorder treatment services. (f) Care management services for mental health diagnoses. (g) Physical therapy, occupational therapy, and services for individuals with speech, hearing, and language disorders. (h) Emergency ambulance services. Sec. 1682. (1) In addition to the appropriations in part 1, the department is authorized to receive and spend penalty money received as the result of noncompliance with medical services certification regulations. Penalty money, characterized as private funds, received by the department shall increase authorizations and allotments in the long-term care accounts. (2) Any unexpended penalty money, at the end of the year, shall carry forward to the following year. Sec. 1692. (1) The department is authorized to pursue reimbursement for eligible services provided in Michigan schools from the federal Medicaid program. The department and the state budget director are authorized to negotiate and enter into agreements, together with the department of education, with local and intermediate school districts regarding the sharing of federal Medicaid services funds received for these services. The department is authorized to receive and disburse funds to participating school districts pursuant to such agreements and state and federal law. (2) From the funds appropriated in part 1 for medical services school-based services payments, the department is authorized to do all of the following: (a) Finance activities within the medical services administration related to this project. (b) Reimburse participating school districts pursuant to the fund-sharing ratios negotiated in the state-local agreements authorized in subsection (1). (c) Offset general fund costs associated with the medical services program. Sec. 1693. The special Medicaid reimbursement appropriation in part 1 may be increased if the department submits a medical services state plan amendment pertaining to this line item at a level higher than the appropriation. The department is authorized to appropriately adjust financing sources in accordance with the increased appropriation. Sec. 1694. From the funds appropriated in part 1 for special Medicaid reimbursement, $386,700.00 of general fund/ general purpose revenue and any associated federal match shall be distributed for poison control services to an academic health care system that includes a children’s hospital that has a high indigent care volume. Sec. 1699. (1) The department may make separate payments in the amount of $45,000,000.00 directly to qualifying hospitals serving a disproportionate share of indigent patients and to hospitals providing GME training programs. If direct payment for GME and DSH is made to qualifying hospitals for services to Medicaid clients, hospitals shall not include GME costs or DSH payments in their contracts with HMOs. (2) The department shall allocate $45,000,000.00 in DSH funding using the distribution methodology used in fiscal year 2003-2004. (3) By September 30 of the current fiscal year, the department shall report to the senate and house appropriations sub­ committees on the department budget, the senate and house fiscal agencies, and the state budget office on the distribution of funding to each eligible hospital from the GME and DSH pools. Sec. 1724. The department shall allow licensed pharmacies to purchase injectable drugs for the treatment of respiratory syncytial virus for shipment to physicians’ offices to be administered to specific patients. If the affected patients are Medicaid eligible, the department shall reimburse pharmacies for the dispensing of the injectable drugs and reimburse physicians for the administration of the injectable drugs. Sec. 1730. (1) The department shall work with the department of education to evaluate the feasibility of including an assessment tool to promote literacy development of pregnant women and new mothers in the maternal infant health program. 982 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (2) By March 1 of the current fiscal year, the department shall provide a report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget office on the findings of the feasibility study on including an assessment tool to promote literacy development of pregnant women and new mothers in the maternal infant health program. Sec. 1757. The department shall obtain proof from all Medicaid recipients that they are legal United States citizens or otherwise legally residing in this country and that they are residents of this state before approving Medicaid eligibility. Sec. 1764. The department shall annually certify whether rates paid to Medicaid health plans and specialty prepaid inpatient health plans are actuarially sound in accordance with federal requirements and shall provide a copy of the rate certification and approval of rates paid to Medicaid health plans and specialty prepaid inpatient health plans within 5 business days after certification or approval to the house and senate appropriations subcommittees on the department budget and the house and senate fiscal agencies. When calculating the annual actuarial soundness adjustment, the depart­ ment shall take into account all Medicaid policy bulletins affecting Medicaid health plans or specialty prepaid inpatient health plans issued after the most recent actuarial soundness process concluded. Sec. 1770. The department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office information on savings from the reduction in managed care laboratory services fees enacted under Executive Order No. 2015-5 and continued in the current fiscal year. This report shall include the actual gross reduction in expenditures by Medicaid health plans that result from the reduction in the laboratory services fees. Sec. 1775. (1) By March 1 and September 1 of the current fiscal year, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office on progress in implementing the waiver to implement managed care for individuals who are eligible for both Medicare and Medicaid, known as MI Health Link, including, but not limited to, a description of how the department intends to ensure that service delivery is integrated, how key components of the proposal are implemented effectively, and any problems and potential solutions as identified by the ombudsman described in subsection (2). (2) The department shall ensure the existence of an ombudsman program that is not associated with any project service manager or provider to assist MI Health Link beneficiaries with navigating complaint and dispute resolution mechanisms and to identify problems in the demonstrations and in the complaint and dispute resolution mechanisms. Sec. 1800. For the distribution of each of the pools within the $85,000,000.00 outpatient disproportionate share hospital payment, the department shall develop a formula for the distribution of each pool based on the quality of care, cost, traditional disproportionate share hospital factors such as Medicaid utilization and uncompensated care, and any other factor that the department determines should be considered. By May 1 of the current fiscal year, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office on the distribution of each pool. Sec. 1801. From the funds appropriated in part 1 for physician services and health plan services, the department shall use $33,318,800.00 in general fund/general purpose plus associated federal match to continue the increase to Medicaid rates for primary care services provided only by primary care providers. For the purpose of this section, a primary care provider is a physician, or a practitioner working under the personal supervision of a physician, who is board-eligible or certified with a specialty designation of family medicine, general internal medicine, or pediatric medicine, or a provider who provides the department with documentation of equivalency. The department shall examine including the subspecialty of neonatal medicine in its definition of primary care provider. Providers performing a service and whose primary practice is as a non-primary-care subspecialty is not eligible for the increase. The department shall establish policies that most effectively limit the increase to primary care providers for primary care services only. Sec. 1802. From the funds appropriated in part 1, a lump-sum payment shall be made to hospitals that qualified for rural hospital access payments in fiscal year 2013-2014 and that provide obstetrical care in the current fiscal year. The payment shall be calculated as $830.00 for each obstetrical care case payment and each newborn care case payment for all such cases billed by the qualified hospitals for fiscal year 2012-2013 and shall be paid through the Medicaid health plan hospital rate adjustment process by January 1 of the current fiscal year. Sec. 1804. The department, in cooperation with the department of military and veterans affairs, shall work with the federal public assistance reporting information system to identify Medicaid recipients who are veterans and who may be eligible for federal veterans health care benefits or other benefits. Sec. 1805. Hospitals receiving medical services payments for graduate medical education shall submit fully completed quality data to the same national nonprofit organization with extensive experience in collecting and reporting hospital quality data on a public website. The reporting must utilize consensus-based nationally endorsed standards that meet National Quality Forum-endorsed safe practices. The organization collecting the data must be one that uses severityadjusted risk models and measures that will help patients and payers identify hospital campuses likely to have superior outcomes. The department shall withhold a hospital’s fourth quarter graduate medical education payment until the hospital submits the data to the qualifying nonprofit organization described in this section. Sec. 1806. (1) The contracts for Medicaid health plans that will be effective January 1, 2016 must include a provision that requires the cooperation and participation in a workgroup that develops and implements a common formulary that No. 52] [June 3, 2015] JOURNAL OF THE SENATE 983 will be used by all contracting Medicaid health plans. The department shall convene the workgroup, make final decisions, and consult with health plans and other organizations as this requirement is implemented. (2) The department may establish performance standards to measure progress in the implementation of the common formulary. (3) The ongoing implementation of the common formulary must include consideration of the department’s preferred drug list. (4) To achieve the objective of low net cost, the contracted health plans may use evidence-based utilization management techniques in the development and implementation of the common formulary. (5) The contracted health plans and the department shall continue to facilitate and emphasize the value of increased participation in the use of e-prescribing and electronic medical records. Sec. 1807. The process and results from the request for proposals for the comprehensive health plan contract for this state’s Medicaid health plans must assure a fair, transparent and deliberative process that emphasizes the value of choice and access for beneficiaries. Sec. 1809. The department shall establish separate contract performance standards for Medicaid health plans that adhere to the requirements of section 105d of the social welfare act, 1939 PA 280, MCL 400.105d, associated with the 0.75% and 0.25% capitation withhold. The determination of the performance of the 0.75% capitation withhold is at the discretion of the department but must include recognized concepts such as 1-year continuous enrollment and the HEDIS audited data. The determination of the performance of the 0.25% capitation withhold is at the discretion of the department but must include recognized concepts such as encouraging the utilization of high-value services and discouraging the utilization of low-value services. Sec. 1810. The department shall enhance encounter data reporting processes and develop rules that would make each health plan’s encounter data as complete as possible, provide a fair measure of acuity for each health plan’s enrolled population for risk adjustment purposes, capitation rate setting, diagnosis-related group rate setting, and research and analysis of program efficiencies while minimizing health plan administrative expense. Sec. 1812. (1) By June 1 of the current fiscal year, the department shall require each hospital that receives funds appropriated in part 1 for graduate medical education to submit a report disclosing all direct and indirect costs associated with the residency training program to the department, the house and senate appropriations subcommittees on the department budget, and the house and senate fiscal agencies. (2) By August 1 of the current fiscal year, the department shall require each hospital that receives funds appropriated in part 1 for graduate medical education to submit a report identifying and explaining the following: (a) The marginal cost to add 1 additional residency training program slot. (b) The number of additional slots that would result in the need to add additional administrative costs to oversee the residents in the training program. (c) The postresidency retention rate for the residency training program. (3) The department shall hold graduate medical education recipients’ fourth quarter payments until the submission of the information required in subsections (1) and (2). (4) The department shall convene a workgroup to use the reports submitted under subsections (1) and (2) to assist in the development of metrics for distribution of graduate medical education funds and shall report to the senate and house appropriations subcommittees on the department budget and the senate and house fiscal agencies on the results of the workgroup by September 30 of the current fiscal year. It is the intent of the legislature that, beginning with the budget for the fiscal year ending September 30, 2017, the metrics developed by this workgroup be used to determine the distribution of funds for graduate medical education. (5) If needed, the department shall seek a federal waiver to fulfill the requirements of this section. Sec. 1820. (1) In order to avoid duplication of efforts, the department shall utilize applicable national accreditation review criteria to determine compliance with corresponding state requirements for Medicaid health plans that have been reviewed and accredited by a national accrediting entity for health care services. (2) The department shall continue to comply with state and federal law and shall not initiate an action that negatively impacts beneficiary safety. (3) As used in this section, “national accrediting entity” means the National Committee for Quality Assurance, the URAC, formerly known as the Utilization Review Accreditation Commission, or other appropriate entity, as approved by the department. (4) By July 1 of the current fiscal year, the department shall provide a progress report to the house and senate appro­ priations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget office on implementation of this section. Sec. 1837. The department shall continue, and expand where appropriate, utilization of telemedicine and telepsychiatry as strategies to increase access to services for Medicaid recipients in medically underserved areas. Sec. 1846. From the funds appropriated in part 1 for graduate medical education, the department shall distribute the funds with an emphasis on the following health care workforce goals: (a) The encouragement of the training of physicians in specialties, including primary care, that are necessary to meet the future needs of residents of this state. 984 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (b) The training of physicians in settings that include ambulatory sites and rural locations. Sec. 1850. The department may allow Medicaid health plans to assist with the redetermination process through outreach activities to ensure continuation of Medicaid eligibility and enrollment in managed care. This may include mailings, telephone contact, or face-to-face contact with beneficiaries enrolled in the individual Medicaid health plan. Health plans may offer assistance in completing paperwork for beneficiaries enrolled in their plan. Sec. 1861. The department shall encourage cooperation between the Medicaid managed care health plans, other health providers, and nonprofit entities to help facilitate a pilot nonemergency transportation system. Sec. 1862. From the funds appropriated in part 1, the department shall maintain payment rates for Medicaid obstetrical services at 95% of Medicare levels effective October 1, 2014. Sec. 1866. (1) From the funds appropriated in part 1 for hospital services and therapy and health plan services, $12,000,000.00 in general fund/general purpose revenue and any associated federal match shall be awarded to hospitals that meet criteria established by the department for services to low-income rural residents. One of the reimbursement components of the distribution formula shall be assistance with labor and delivery services. (2) No hospital or hospital system shall receive more than 10.0% of the total funding referenced in subsection (1). (3) To allow hospitals to understand their rural payment amounts under this section, the department shall provide hospitals with the methodology for distribution under this section and provide each hospital with its applicable data that are used to determine the payment amounts by August 1 of the current fiscal year. The department shall publish the distribution of payments for the current fiscal year and the immediately preceding fiscal year. (4) The department shall report to the senate and house appropriations subcommittees on the department budget and the senate and house fiscal agencies on the distribution of funds referenced in subsection (1) by April 1 of the current fiscal year. Sec. 1870. The department shall work in collaboration with Michigan-based medical schools that choose to participate in the creation of a graduate medical education consortium known as MIDocs. The purpose of MIDocs is to develop freestanding residency training programs in primary care and other ambulatory care-based specialties. MIDocs shall design residency training programs to address physician shortage needs in this state, including placing physicians post-residency in underserved communities across this state. MIDocs shall give special consideration to small and rural hospitals with a GME program director. MIDocs’ voting members will include any Michigan-based university with a medical school or an affiliated faculty practice physician group that is making a substantial contribution to MIDocs programs. The department shall be a permanent nonvoting member of MIDocs. The department, in collaboration with MIDocs voting members, may also appoint nonvoting members to MIDocs to represent various stakeholders. As the sponsoring institution and fiduciary, MIDocs shall assure initial and continued accreditation from the accreditation council for graduate medical education or ACGME, financial accountability, clinical quality, and compliance. The department shall require an annual report from MIDocs detailing per resident costs for medical training and clinical quality measures. The department shall create MIDocs no later than January 10, 2015. MIDocs shall provide the department with a report proposing the creation of new residency programs and an actionable plan for retaining consortium related students post-residency, especially in underserved communities. The work project allocation from the fiscal year ending September 30, 2015 is allocated to prepare the report, legally create the consortium, prepare to obtain ACGME accreditation, and develop new residency programs. Sec. 1883. For the purposes of more effectively managing inpatient care for Medicaid health plans and Medicaid feefor-service, the department shall consider developing an appropriate policy and rate for observation stays. Sec. 1888. The department shall establish contract performance standards associated with the capitation withhold provisions for Medicaid health plans at least 3 months in advance of the implementation of those standards. The determination of whether performance standards have been met shall be based primarily on recognized concepts such as 1-year continuous enrollment and the healthcare effectiveness data and information set, HEDIS, audited data. Sec. 1890. From the funds appropriated in part 1 for pharmaceutical services, the department shall ensure Medicaid recipients access to breast pumps to support and encourage breastfeeding. The department shall adjust Medicaid policy to, at a minimum, provide an individual double electric style pump to a breastfeeding mother when a physician prescribes such a device based on diagnosis of mother or infant. If the distribution method for pumps or other equipment is a department contract with durable medical equipment providers, the department shall guarantee providers stock and rent to Medicaid recipients without delay or undue restriction. Sec. 1894. (1) From the funds appropriated in part 1 for dental services, the department shall expand the healthy kids dental program to children who have not yet reached the age of 13 in Kent, Oakland, and Wayne Counties. This program expansion will improve access to necessary dental services for Medicaid-enrolled children. (2) Outcomes and performance measures for the initiative under subsection (1) include, but are not limited to, the following: (a) The number of Medicaid-enrolled children under the age of 13 in Kent, Oakland, and Wayne Counties who visited the dentist in the prior year. (b) The number of dentists in Kent, Oakland, and Wayne Counties who will accept Medicaid payment for services to children. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 985 (c) The change in dental utilization in Kent, Oakland, and Wayne Counties, before and after implementation. (3) It is the intent of the legislature that the healthy kids dental program be expanded in the fiscal year ending September 30, 2017 to cover additional children in Kent, Oakland, and Wayne Counties. Sec. 1899. From the funds appropriated in part 1 for personal care services, the department shall maintain the personal care services rate at the level in effect October 1, 2014. ONE-TIME BASIS ONLY APPROPRIATIONS Sec. 1906. (1) The department may initiate pay for success pilot projects to identify and deliver services to improve outcomes and lower costs for government services in this state. From the funds appropriated in part 1 for pay for success contracts, the department may initiate contracts with private and not-for-profit vendors, selected through a competitive bid process, to implement these pilot projects. Payments shall not be issued to funding intermediaries or vendors until contractual performance measures have been achieved and project savings have been confirmed by a third-party evaluator, certified by the department, and approved by the state budget director. (2) Within 30 days, a copy of contracts executed pursuant to this section shall be provided to the chairs of the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office. (3) Unexpended funds appropriated in part 1 for pay for success contracts are designated as work project appropriations, and any unencumbered or unalloted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for the pay for success contracts under this section until the projects have been completed. All of the following are in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the projects is to coordinate cost-saving projects to the state with public-private partnerships. (b) The projects will be carried out through contracts with private and not-for-profit vendors. (c) The estimated cost of this work project is $1,500,000.00. (d) The estimated work project completion date is September 30, 2020. Sec. 1907. (1) From the funds appropriated in part 1 for drug policy initiatives, the department shall develop and begin implementation of a comprehensive plan that addresses the problem of drug abuse. (2) Outcomes and performance measures for the new initiative under subsection (1) include, but are not limited to, the following: (a) A decrease in the number of residents of this state aged 12 and older who have experienced substance dependence or abuse in the past year. (b) A decrease in the number of residents of this state who have engaged in the nonmedical use of pain relievers or engaged in binge alcohol use. (3) The department shall not spend the funds appropriated in part 1 for drug policy initiatives until a statewide plan on these initiatives is issued by the governor and the statewide plan is submitted to the senate and house appropriations subcommittees on the department budget. Sec. 1908. The funds appropriated in part 1 for hospice services shall be expended to provide room and board for Medicaid recipients who meet hospice eligibility requirements and receive services at Medicaid enrolled hospice residences in this state. The qualifying hospice residences must be enrolled with Medicaid by October 1, 2014. PART 2A PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS FOR FISCAL YEAR 2016-2017 GENERAL SECTIONS Sec. 2001. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2017 for the line items listed in part 1. The fiscal year 2016-2017 appropriations are anticipated to be the same as those for fiscal year 2015-2016, except that the line items will be adjusted for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2016 consensus revenue estimating conference. PART 2B PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2014-2015 GENERAL SECTIONS Sec. 3001. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1B for fiscal year 2014-2015 is $23,756,200.00 and state spending from state resources to be paid to local units of government for fiscal year 2014-2015 is $631,800.00. The itemized statement below identifies appropriations from which spending to local units will occur: DEPARTMENT OF COMMUNITY HEALTH Medicaid mental health services................................................................................................ $ 3,181,400 Medical substance abuse services................................................................................................ (327,900) Subtotal....................................................................................................................................... $ 2,853,500 986 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 DEPARTMENT OF HUMAN SERVICES Child care fund........................................................................................................................... $ (2,221,700) Subtotal....................................................................................................................................... $ (2,221,700) TOTAL PAYMENTS TO LOCAL UNITS OF GOVERNMENT............................................... $ 631,800 Sec. 3002. The appropriations authorized under this part and part 1B are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. DEPARTMENT OF COMMUNITY HEALTH Sec. 3003. The unexpended funds appropriated in part 1B for long-term health care services are considered work project appropriations, and any unencumbered or unallotted funds are carried forward into the following fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the project is to support a new psychiatry residency program to address the shortage of psychiatrists in this state. (b) The project will be accomplished through grants. (c) The estimated cost of this project is $1,500,000.00. (d) The tentative completion date for the work project is September 30, 2016. Sec. 3004. The unexpended funds appropriated in article IV of 2014 PA 252 for medical services administration are considered work project appropriations, and any unencumbered or unallotted funds are carried forward into the following fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the project is stated in section 1870 of article IV of 2014 PA 252. (b) The project will be accomplished through state employees and contracts. (c) The estimated cost of this project is $500,000.00. (d) The tentative completion date for the work project is September 30, 2016. Sec. 3005. The unexpended funds appropriated in article IV of 2014 PA 252 for prenatal care outreach and service delivery support are considered work project appropriations, and any unencumbered or unallotted funds are carried forward into the following fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the project is to provide evidence-based prenatal and early childhood home visiting programs in rural areas. (b) The project will be accomplished through grants. (c) The estimated cost of this project is $550,000.00. (d) The tentative completion date for the work project is September 30, 2016. ARTICLE XI DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES PART 1 LINE-ITEM APPROPRIATIONS Sec. 101. There is appropriated for the department of insurance and financial services for the fiscal year ending September 30, 2016, from the following funds: DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES APPROPRIATION SUMMARY Full-time equated unclassified positions............................................................................. 6.0 Full-time equated classified positions............................................................................. 337.0 GROSS APPROPRIATION.......................................................................................................... $ 65,057,700 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 707,600 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 64,350,100 Federal revenues: Total federal revenues................................................................................................................... 2,000,000 Special revenue funds: Total other state restricted revenues............................................................................................. 62,200,100 State general fund/general purpose.............................................................................................. $ 150,000 State general fund/general purpose schedule: Ongoing state general fund/general purpose............................................................... 150,000 One-time state general fund/general purpose......................................................................... 0 Sec. 102. DEPARTMENT SERVICES Full-time equated unclassified positions............................................................................. 6.0 Full-time equated classified positions............................................................................... 23.0 Department services—19.0 FTE positions................................................................................... $ 3,802,100 Unclassified Salaries—6.0 FTE positions.................................................................................... 728,300 No. 52] [June 3, 2015] JOURNAL OF THE SENATE Executive director programs—4.0 FTE positions........................................................................ $ Property management................................................................................................................... Worker’s compensation................................................................................................................. Administrative hearings................................................................................................................ Information technology services and projects.............................................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Bank fees...................................................................................................................................... Captive insurance regulatory and supervision fund..................................................................... Consumer finance fees................................................................................................................. Credit union fees.......................................................................................................................... Deferred presentment service transaction fees............................................................................. Insurance bureau fund.................................................................................................................. Insurance continuing education fees............................................................................................ Insurance licensing and regulation fees....................................................................................... MBLSLA fund.............................................................................................................................. Multiple employer welfare arrangement...................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 103. INSURANCE AND FINANCIAL SERVICES REGULATION Full-time equated classified positions............................................................................. 314.0 Insurance evaluation—54.0 FTE positions................................................................................... $ Insurance rates and forms—30.0 FTE positions.......................................................................... Financial institutions evaluation—132.0 FTE positions............................................................... Regulatory compliance, market conduct and licensing—34.0 FTE positions.............................. Consumer services and protection—64.0 FTE positions............................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG - LARA, for debt management............................................................................................ Federal revenue: Federal revenues........................................................................................................................... Special revenue funds: Bank fees...................................................................................................................................... Captive insurance regulatory and supervision fund..................................................................... Consumer finance fees................................................................................................................. Credit union fees.......................................................................................................................... Deferred presentment service transaction fees............................................................................. Insurance bureau fund.................................................................................................................. Insurance continuing education fees............................................................................................ Insurance licensing and regulation fees....................................................................................... MBLSLA fund.............................................................................................................................. Multiple employer welfare arrangement...................................................................................... State general fund/general purpose.............................................................................................. $ PART 2 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2015-2016 987 For Fiscal Year Ending Sept. 30, 2016 1,084,300 869,300 5,200 182,500 2,185,900 8,857,600 782,900 1,800 395,200 1,004,700 520,700 3,409,400 81,400 1,766,400 744,300 800 150,000 12,732,300 5,840,400 23,810,300 5,350,300 8,466,800 56,200,100 707,600 2,000,000 6,357,700 279,000 4,122,000 7,647,300 3,086,200 20,148,000 1,060,600 6,354,100 4,357,000 80,600 0 GENERAL SECTIONS Sec. 201. In accordance with the provisions of section 30 of article IX of the state constitution of 1963, total state spending from state resources in this part and part 1 for the fiscal year ending September 30, 2016 is $62,350,100.00 and state appropriations paid to local units of government are $0. Sec. 202. The appropriations made and expenditures authorized under this part and part 1 and the departments, com­ mis­sions, boards, offices, and programs for which appropriations are made under this part are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. Sec. 203. As used in this part and part 1: (a) “Department” means the department of insurance and financial services. 988 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (b) “Director” means the director of the department. (c) “Fiscal agencies” means Michigan house fiscal agency and Michigan senate fiscal agency. (d) “FTE” means full-time equated. (e) “IDG” means interdepartmental grant. (f) “LARA” means the department of licensing and regulatory affairs. (g) “MBLSLA fund” means the restricted account established under section 8 of the mortgage brokers, lenders, and servicers licensing act, 1987 PA 173, MCL 445.1658. (h) “Subcommittees” means all members of the subcommittees of the house and senate appropriations committees with jurisdiction over the budget for the department. Sec. 205. In addition to the metrics required under section 447 of the management and budget act, 1984 PA 431, MCL 18.1447, for each new program or program enhancement for which funds in excess of $500,000.00 are appropriated in part 1, the department shall provide not later than November 1 a list of program-specific metrics intended to measure its performance based on a return on taxpayer investment. The department shall deliver the program-specific metrics to members of the senate and house subcommittees that have subject matter jurisdiction for this budget, fiscal agencies, and the state budget director. The department shall provide an update on its progress in tracking program-specific metrics and the status of program success at an appropriations subcommittee meeting called for by the subcommittee chair. Sec. 208. The departments and agencies receiving appropriations in this part and part 1 shall use the Internet to fulfill the reporting requirements of this part. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an Internet or intranet site. Sec. 209. Funds appropriated in this part and part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality. Sec. 210. The director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. The director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both. Sec. 212. The department and agencies receiving appropriations in this part and part 1 shall receive and retain copies of all reports funded from appropriations in this part and part 1. Federal and state guidelines for short-term and longterm retention of records shall be followed. The department may electronically retain copies or reports unless otherwise required by federal and state guidelines. Sec. 215. The department shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff. Sec. 216. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report must summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and the fiscal agencies. Sec. 218. The departments and agencies receiving appropriations in this part and part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report must list all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the house and senate appropriations committees, the fiscal agencies, and the state budget director. The report must include the following information: (a) The dates of each travel occurrence. (b) The total transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues. Sec. 219. No later than April 1, the department shall submit to the subcommittees and the fiscal agencies a report pertaining to the following information: (a) The amount, in square footage, of office space paid for with the appropriation in this part and part 1 for both stateowned and leased office space, respectively, during the previous fiscal year. (b) The amount, in square footage, of office space actually utilized by the department for both state-owned and leased office space, respectively, during the previous fiscal year. (c) The amount of office space the department estimates will be utilized during the current and subsequent fiscal years. Sec. 221. Funds appropriated in this part and part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 989 Sec. 223. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for federal contingency funds. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for state restricted contingency funds. (3) Funds appropriated pursuant to this section are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 228. Unless prohibited by law, the department may accept credit card or other electronic means of payment for licenses, fees, or permits. Sec. 229. (1) The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department’s performance. (2) The department shall provide a report to the legislature based on the annual rate filings from health insurance issuers that includes all of the following: (a) The number that are approved by the department. (b) The number that are denied by the department. (c) The percentage of rate filings processed within the applicable statutory time frames. (d) The average number of calendar days to process rate filings. (e) An estimated percentage of this state’s population that is without any form of health insurance coverage for more than 6 months in any given calendar year. Sec. 231. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency: (a) Fiscal-year-to-date expenditures by category. (b) Fiscal-year-to-date expenditures by appropriation unit. (c) Fiscal-year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description. (d) The number of active department employees by job classification. (e) Job specifications and wage rates. Sec. 232. The department shall not develop or produce any television or radio productions. Sec. 234. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the senate and house appropriations chairs, the subcommittees chairs, and the fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the immediately preceding and current fiscal years. Sec. 235. Total authorized appropriations from all sources under this part and part 1 for legacy costs for the fiscal year ending September 30, 2016 is $9,998,900.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $5,675,400.00. Total agency appropriations for retiree health care legacy costs are estimated at $4,323,500.00. Sec. 245. The department, in conjunction with the department of health and human services, shall maintain an accounting structure within the Michigan administrative information network that will allow expenditures associated with the administration of the Healthy Michigan plan to be identified. By October 1, the department shall provide the state budget office and the fiscal agencies with the relevant accounting structure and associated business objects script and report that groups’ administrative costs. Sec. 246. The amount appropriated from the general fund in part 1 for executive director program may only be expended to comply with reporting requirements regarding the Healthy Michigan plan under section 105d(9) of the social welfare act, 1939 PA 280, MCL 400.105d. INSURANCE AND FINANCIAL SERVICES REGULATION Sec. 310. (1) No later than February 1, the department shall submit a report to the subcommittees and the fiscal agencies providing the following information: (a) The amounts expended, by fund source, by the department to support the economic development of the insurance or financial industries during the preceding fiscal year. (b) The number of full-time equated positions utilized by the department to support the economic development of the insurance or financial industries during the preceding fiscal year. (c) A detailed, 2-year plan for departmental activities to support the economic development of the insurance or financial industries. (2) For purposes of subsection (1), “economic development” includes any activities to encourage, promote, or advocate for the expansion, retention, or attraction of business or nonprofit entities engaged in or involved with the insurance or financial industries. Sec. 391. In addition to the funds appropriated in part 1, the funds collected by the department in connection with a conservatorship under section 32 of the mortgage brokers, lenders, and servicers licensing act, 1987 PA 173, MCL 445.1682, and funds collected by the department from corporations being liquidated under the insurance code of 1956, 990 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 1956 PA 218, MCL 500.100 to 500.8302, shall be appropriated for all expenses necessary to provide for the required services. Funds are available for expenditure when they are received by the department of treasury and shall not lapse to the general fund at the end of the fiscal year. AUTISM COVERAGE Sec. 802. (1) Each fiscal year, if expenditures are made from the autism coverage fund, created by section 7 of the autism coverage reimbursement act, 2012 PA 101, MCL 550.1837, the department shall produce a report that contains all of the following information on the autism coverage reimbursement program, established by section 5 of the autism coverage reimbursement act, 2012 PA 101, MCL 550.1835, for the fiscal year: (a) The total number of claims for reimbursement approved and the number approved within each county, based on the provider’s location. (b) The total amount expended from the autism coverage fund for reimbursements and the amount for each carrier receiving reimbursement. (c) For each claim included within a claim submission received by the department, all of the following information: (i) The date the department received the claim. (ii) The dollar amount of the claim. (iii) The date of birth of the patient receiving diagnosis or treatment under the claim. (iv) Whether the claim was under a self-insured plan. (v) The date of the service that was the basis for the claim. (vi) The identity of the carrier that submitted the claim. (2) By October 31 following the end of the fiscal year, the department shall provide the report required under subsec­ tion (1) to the subcommittees, the fiscal agencies, and the state budget director. PART 2A PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS FOR FISCAL YEAR 2016-2017 GENERAL SECTIONS Sec. 1201. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2017 for the line items listed in part 1. The fiscal year 2016-2017 appropriations are anticipated to be the same as those for fiscal year 2015-2016, except that the line items will be adjusted for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2016 consensus revenue estimating conference. Sec. 1202. It is the intent of the legislature that the department identify the amounts for normal retirement costs and legacy retirement costs for the fiscal year ending on September 30, 2017 for the line items listed in part 1. ARTICLE XII JUDICIARY PART 1 LINE-ITEM APPROPRIATIONS Sec. 101. There is appropriated for the judiciary for the fiscal year ending September 30, 2016, from the following funds: JUDICIARY APPROPRIATION SUMMARY Full-time equated exempted positions............................................................................. 489.0 GROSS APPROPRIATION.......................................................................................................... $ 284,651,400 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 2,362,900 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 282,288,500 Federal revenues: Total federal revenues................................................................................................................... 6,428,600 Special revenue funds: Total local revenues...................................................................................................................... 7,229,000 Total private revenues................................................................................................................... 942,900 Total other state restricted revenues............................................................................................. 84,245,800 State general fund/general purpose.............................................................................................. $ 183,442,200 Sec. 102. SUPREME COURT Full-time equated exempted positions............................................................................. 246.0 Supreme court administration—92.0 FTE positions.................................................................... $ 13,338,700 Judicial institute—13.0 FTE positions......................................................................................... 2,159,100 State court administrative office—61.0 FTE positions................................................................ 11,832,000 Judicial information systems—22.0 FTE positions...................................................................... 3,057,700 Direct trial court automation support—44.0 FTE positions......................................................... 7,229,000 No. 52] [June 3, 2015] JOURNAL OF THE SENATE Foster care review board—10.0 FTE positions............................................................................ $ Community dispute resolution—3.0 FTE positions..................................................................... Other federal grants...................................................................................................................... Drug treatment courts................................................................................................................... Mental health courts and diversion services—1.0 FTE position.................................................. Veterans courts............................................................................................................................. Swift and sure sanctions program................................................................................................ Next generation Michigan court system....................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG from department of state police........................................................................................... IDG from department of corrections............................................................................................ IDG from state police - Michigan justice training fund.............................................................. Federal revenues: DOJ, victims assistance programs................................................................................................ DOJ, drug court training and evaluation...................................................................................... DOT, National Highway Traffic Safety Administration............................................................... HHS, access and visitation grant.................................................................................................. HHS, children’s justice grant....................................................................................................... HHS, court improvement project.................................................................................................. HHS, title IV-D child support program........................................................................................ HHS, title IV-E foster care program............................................................................................ Other federal grant revenues........................................................................................................ Special revenue funds: Local - user fees........................................................................................................................... Private........................................................................................................................................... Private - interest on lawyers trust accounts.................................................................................. Private - state justice institute...................................................................................................... Community dispute resolution fund............................................................................................. Court of appeals filing/motion fees.............................................................................................. Law exam fees.............................................................................................................................. Drug court fund............................................................................................................................ Miscellaneous revenue.................................................................................................................. Justice system fund...................................................................................................................... State court fund............................................................................................................................ State general fund/general purpose.............................................................................................. $ Sec. 103. COURT OF APPEALS Full-time equated exempted positions............................................................................. 175.0 Court of appeals operations—175.0 FTE positions..................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ Sec. 104. BRANCHWIDE APPROPRIATIONS Full-time equated exempted positions................................................................................. 4.0 Branchwide appropriations—4.0 FTE positions........................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ Sec. 105. JUSTICES’ AND JUDGES’ COMPENSATION Full-time judges positions............................................................................................... 593.0 Supreme court justices’ salaries—7.0 justices............................................................................. $ Court of appeals judges’ salaries—27.0 judges........................................................................... District court judges’ state base salaries—243.0 judges.............................................................. District court judicial salary standardization................................................................................ Probate court judges’ state base salaries—103.0 judges.............................................................. 991 For Fiscal Year Ending Sept. 30, 2016 1,285,900 2,366,800 275,100 10,958,000 5,334,700 500,000 4,250,000 4,116,000 66,703,000 1,500,000 50,000 339,200 56,500 300,000 2,203,500 612,200 229,400 1,290,500 1,009,700 386,500 275,100 7,229,000 188,100 258,600 413,600 2,366,800 1,641,800 639,100 1,920,500 270,600 566,800 377,100 42,578,400 22,606,900 22,606,900 22,606,900 8,550,400 8,550,400 8,550,400 1,152,300 4,087,900 22,489,200 11,111,000 9,627,900 992 JOURNAL OF THE SENATE [June 3, 2015] Probate court judicial salary standardization................................................................................ $ Circuit court judges’ state base salaries—213.0 judges............................................................... Circuit court judicial salary standardization................................................................................. Judges’ retirement system defined contributions......................................................................... OASI, social security.................................................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Court fee fund.............................................................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 106. JUDICIAL AGENCIES Full-time equated exempted positions................................................................................. 7.0 Judicial tenure commission—7.0 FTE positions.......................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ Sec. 107. INDIGENT DEFENSE - CRIMINAL Full-time equated exempted positions............................................................................... 57.0 Appellate public defender program—51.0 FTE positions............................................................ $ Michigan indigent defense commission—6.0 FTE positions....................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG from state police - Michigan justice training fund.............................................................. Federal revenues: Other federal grant revenues........................................................................................................ Special revenue funds: Private - interest on lawyers trust accounts.................................................................................. Miscellaneous revenue.................................................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 108. INDIGENT CIVIL LEGAL ASSISTANCE Indigent civil legal assistance....................................................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: State court fund............................................................................................................................ State general fund/general purpose.............................................................................................. $ Sec. 109. TRIAL COURT OPERATIONS Court equity fund reimbursements............................................................................................... $ Judicial technology improvement fund........................................................................................ Drug case-flow program............................................................................................................... Drunk driving case-flow program................................................................................................ Juror compensation reimbursement.............................................................................................. Statewide e-file system................................................................................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Court equity fund......................................................................................................................... Judicial technology improvement fund........................................................................................ Drug fund..................................................................................................................................... Drunk driving fund....................................................................................................................... Juror compensation fund.............................................................................................................. State general fund/general purpose.............................................................................................. $ [No. 52 For Fiscal Year Ending Sept. 30, 2016 4,669,600 20,064,100 9,739,200 4,425,800 5,736,600 93,103,600 2,988,100 90,115,500 1,115,200 1,115,200 1,115,200 7,857,800 996,700 8,854,500 473,700 65,200 82,600 132,900 8,100,100 7,937,000 7,937,000 7,937,000 0 60,815,700 4,815,000 250,000 3,300,000 6,600,000 100 75,780,800 50,440,000 4,815,000 250,000 3,300,000 6,600,100 10,375,700 No. 52] [June 3, 2015] JOURNAL OF THE SENATE PART 2 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2015-2016 993 GENERAL SECTIONS Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2015-2016 is $267,688,000.00 and state spending from state resources to be paid to local units of government for fiscal year 2015-2016 is $137,079,400.00. The itemized statement below identifies appropriations from which spending to local units of government will occur: JUDICIARY SUPREME COURT State court administrative office................................................................................................... $ 511,900 Drug treatment courts................................................................................................................... 10,658,000 Mental health courts and diversion services................................................................................ 5,222,800 Veterans courts............................................................................................................................. 500,000 Swift and sure sanctions program................................................................................................ 4,150,000 Next generation Michigan court system....................................................................................... 4,116,000 TRIAL COURT OPERATIONS Court equity fund reimbursements............................................................................................... $ 60,815,700 Judicial technology improvement fund........................................................................................ 4,815,000 Drunk driving case-flow program................................................................................................ 3,300,000 Drug case-flow program............................................................................................................... 250,000 Juror compensation reimbursement.............................................................................................. 6,600,000 JUSTICES’ AND JUDGES’ COMPENSATION District court judicial salary standardization................................................................................ $ 11,111,000 Probate court judges’ state base salaries...................................................................................... 9,627,900 Probate court judicial salary standardization................................................................................ 4,669,600 Circuit court judicial salary standardization................................................................................. 9,739,200 Grant to OASI contribution fund, employers share, social security............................................ 992,300 TOTAL.......................................................................................................................................... $ 137,079,400 Sec. 202. (1) The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. (2) Funds appropriated in part 1 to an entity within the judicial branch shall not be expended or transferred to another account without written approval of the authorized agent of the judicial entity. If the authorized agent of the judicial entity notifies the state budget director of its approval of an expenditure or transfer, the state budget director shall immediately make the expenditure or transfer. The authorized judicial entity agent shall be designated by the chief justice of the supreme court. Sec. 203. As used in this part and part 1: (a) “DOJ” means the United States Department of Justice. (b) “DOT” means the United States Department of Transportation. (c) “FTE” means full-time equated. (d) “HHS” means the United States Department of Health and Human Services. (e) “IDG” means interdepartmental grant. (f) “OASI” means old age survivor’s insurance. (g) “Title IV-D” means the part of the federal social security act, 42 USC 301 to 1397mm, pertaining to the child support enforcement program. (h) “Title IV-E” means the part of the federal social security act, 42 USC 301 to 1397mm, pertaining to the foster care program. Sec. 204. The judicial branch shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff. Sec. 205. It is the intent of the legislature that judges who are presiding over a hearing on a foster care case shall publicly acknowledge and request the input of the foster parent or foster parents during the hearing. Sec. 207. If the judicial branch makes any changes to a foster care family service plan before its finalization, it is the intent of the legislature that the presiding judge provide an explanation for any changes to that plan in the court record. Sec. 208. The reporting requirements of this part shall be completed with the approval of, and at the direction of, the supreme court, except as otherwise provided in this part. The judicial branch shall use the Internet to fulfill the reporting requirements of this part. This may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an Internet or intranet site. Sec. 209. (1) If funds become available in part 1 for juvenile justice vision 20/20, the state court administrative office shall implement the information technology services and projects described in subsection (2). 994 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (2) The state court administrative office shall use the funds described in subsection (1) to implement a data exchange for use by circuit and probate courts, private juvenile justice agencies, and the state court administrative office under the guidance of appropriate data sharing agreements that tracks statistical and demographic data on juveniles referred to the family division of the circuit court, otherwise known as the juvenile courts, after successful implementation and evaluation of the existing pilot database in Ottawa, Kalamazoo, Kent, Ionia, and Berrien Counties. (3) It is the intent of the legislature that the purpose of the project is to implement a new juvenile justice data sharing model that will track data on juveniles referred to the courts. The project will be accomplished by local court staff, state employees, contracts with private vendors, and juvenile justice stakeholders. The total estimated cost of the project is $5,550,000.00. The tentative completion date is September 30, 2019. The data exchange shall be compatible with the Michigan statewide automated child welfare information system. (4) If funding becomes available for the project, the state court administrative office shall submit a report by March 1 to the senate and house appropriations subcommittees on judiciary, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office on the status of the implementation items described in subsections (1) and (2) should funding become available. Sec. 211. From the funds appropriated in part 1, the state court administrative office shall evaluate programs within the department of health and human services and the department of talent and economic development to establish programmatic connections with the participants in the swift and sure sanctions program. The purpose of this relationship is to leverage collaborations and to determine avenues of success for offenders who are eligible for state-provided programs. By March 1, the state court administrative office shall deliver guidance to courts participating in the swift and sure sanctions program under chapter XIA of the code of criminal procedure, 1927 PA 175, MCL 771A.1 to 771A.8, detailing the evaluations and to direct participants into available programming. Sec. 212. The judicial branch shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall be followed. The judicial branch may electronically retain copies of reports unless otherwise required by federal and state guidelines. Sec. 214. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality. Sec. 215. Not later than January 1 of each year, the state court administrative office shall prepare a report on out‑of‑state travel listing all travel by judicial branch employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the budget for the judicial branch. The report shall be submitted to the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the state budget director. The report shall include the following information: (a) The dates of each travel occurrence. (b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues. Sec. 219. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and the senate and house fiscal agencies. Sec. 221. From the funds appropriated in part 1, the judicial branch shall maintain a searchable website accessible by the public at no cost that includes all expenditures made by the judicial branch within a fiscal year. The posting shall include the purpose for which each expenditure is made. The judicial branch shall not provide financial information on its website under this section if doing so would violate a federal or state law, rule, regulation, or guideline that establishes privacy or security standards applicable to that financial information. Sec. 222. Within 14 days after the release of the executive budget recommendation, the judicial branch shall cooperate with the state budget office to provide the chairpersons of the senate and house appropriations committees, the chairpersons of the senate and house appropriations subcommittees on judiciary, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the prior 2 fiscal years. Sec. 223. The judiciary shall maintain, on a publicly accessible website, a scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the judiciary’s performance. Sec. 224. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2016 are $13,723,300.00. From this amount, total appropriations for judiciary pension-related legacy costs are estimated at $7,772,600.00. Total appropriations for judiciary retiree health care legacy costs are estimated at $5,950,700.00. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 995 Sec. 225. In addition to the metrics required under section 447 of the management and budget act, 1984 PA 431, MCL 18.1447, for each new program or program enhancement for which funds in excess of $500,000.00 are appropriated in part 1, the judiciary shall provide not later than November 1 a list of program-specific metrics intended to measure its performance based on a return on taxpayer investment. The judiciary shall deliver the program-specific metrics to members of the senate and house subcommittees that have subject matter jurisdiction for this budget, to the senate and house fiscal agencies, and to the state budget director. The judiciary shall provide an update on its progress in tracking program-specific metrics and the status of program success at an appropriations subcommittee meeting called for by the subcommittee chair. JUDICIAL BRANCH Sec. 301. From the funds appropriated in part 1, the direct trial court automation support program of the state court administrative office shall recover direct and overhead costs from trial courts by charging for services rendered. The fee shall cover the actual costs incurred to the direct trial court automation support program in providing the service, including development of future versions of case management systems. Sec. 302. Funds appropriated within the judicial branch shall not be expended by any component within the judicial branch without the approval of the supreme court. Sec. 303. Of the amount appropriated in part 1 for the judicial branch, $511,900.00 is allocated for circuit court reimbursement under section 3 of 1978 PA 16, MCL 800.453, and for costs associated with the court of claims. Sec. 306. By February 1, the state court administrative office shall produce a statistical report, categorized by county, regarding both the collected and uncollected amounts of restitution payments, court fees, and any other applicable judgment placed upon any person within the county reported for the years 2009 through 2014. Sec. 307. From the funds appropriated in part 1 for mental health courts and diversion services, $1,730,000.00 is intended to address the recommendations of the mental health diversion council. Sec. 308. If sufficient funds are not available from the court fee fund to pay judges’ compensation, the difference between the appropriated amount from that fund for judges’ compensation and the actual amount available after the amount appropriated for trial court reimbursement is made shall be appropriated from the state general fund for judges’ compensation. If an appropriation is made under this section, the state court administrative office shall notify, within 14 days of the appropriation, the senate and house standing committees on appropriations, the senate and house subcommittees on judiciary, the senate and house fiscal agencies, and the state budget office. Sec. 309. By April 1, the state court administrative office shall provide a report on drug treatment, mental health, and veterans court programs in this state. The report shall include information on the number of each type of program that has been established, the number of program participants in each jurisdiction, and the impact of the programs on offender criminal involvement and recidivism. The report shall be submitted to the senate and house appropriations subcommittees on judiciary, the senate and house fiscal agencies, and the state budget director. Sec. 311. (1) The funds appropriated in part 1 for drug treatment courts as that term is defined in section 1060 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060, shall be administered by the state court administrative office to operate drug treatment court programs. A drug treatment court shall be responsible for handling cases involving substance abusing nonviolent offenders through comprehensive supervision, testing, treatment services, and immediate sanctions and incentives. A drug treatment court shall use all available county and state personnel involved in the disposition of cases including, but not limited to, parole and probation agents, prosecuting attorneys, defense attorneys, and community corrections providers. The funds may be used in connection with other federal, state, and local funding sources. (2) From the funds appropriated in part 1, the chief justice shall allocate sufficient funds for the judicial institute to provide in-state training for those identified in subsection (1), including training for new drug treatment court judges. (3) For drug treatment court grants, consideration for priority may be given to those courts where higher instances of substance abuse cases are filed. (4) The judiciary shall receive $1,500,000.00 in Byrne formula grant funding as an interdepartmental grant from the department of state police to be used for expansion of drug treatment courts, to assist in avoiding prison bed space growth for nonviolent offenders in collaboration with the department of corrections. Sec. 312. From the funds appropriated in part 1, the state court administrator shall produce a statistical report regarding the implementation of the parental rights restoration act, 1990 PA 211, MCL 722.901 to 722.908, as it pertains to minors seeking a court-issued waiver of parental consent. The state court administrative office shall report the total number of petitions filed and the total number of petitions granted under that act. Sec. 317. Funds appropriated in part 1 shall not be used for the permanent assignment of state-owned vehicles to justices or judges or any other judicial branch employee. This section does not preclude the use of state-owned motor pool vehicles for state business in accordance with approved guidelines. Sec. 320. (1) From the funds appropriated in part 1 for the swift and sure sanctions program, created under section 3 of chapter XIA of the code of criminal procedure, 1927 PA 175, MCL 771A.3, the state court administrative office shall administer a program to distribute grants to qualifying courts in accordance with the objectives and requirements of the probation swift and sure sanctions act, chapter XIA of the code of criminal procedure, 1927 PA 175, MCL 771A.1 to 996 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 771A.8. Of the $4,250,000.00 designated for the program, not more than $100,000.00 shall be available to the state court administrative office to pay for employee costs associated with the administration of the program funds. Courts interested in participating in the swift and sure sanctions program may apply to the state court administrative office for a portion of the funds appropriated in part 1 under this section. (2) By April 1, the state court administrative office shall provide a report on the courts that receive funding under the swift and sure sanctions program described in subsection (1) to the senate and house appropriations subcommittees on judiciary, the senate and house fiscal agencies, and the state budget director. The report shall include all of the following: (a) The number of offenders who participate in the program. (b) The criminal history of offenders who participate in the program. (c) The recidivism rate of offenders who participate in the program, including the rate of return to jail, prison, or both. (d) A detailed description of the establishment and parameters of the program. (3) As used in this section, “program” means a swift and sure sanctions program described in subsection (1). Sec. 321. It is the intent of the legislature that the judicial branch support a statewide legal self-help Internet website and local nonprofit self-help centers that use the statewide website to provide assistance to individuals representing themselves in civil legal proceedings. The state court administrative office shall summarize the costs of maintaining the website, provide statistics on the number of people visiting the website, and provide information on content usage, form completion, and user feedback. By March 1, the state court administrative office shall report this information for the preceding fiscal year to the senate and house appropriations subcommittees on judiciary, the senate and house fiscal agencies, and the state budget director. Sec. 322. If Byrne formula grant funding is awarded to the state appellate defender, the state appellate defender office may receive and expend Byrne formula grant funds in an amount not to exceed $250,000.00 as an interdepartmental grant from the department of state police. If the appellate defender appointed under section 3 of the appellate defender act, 1978 PA 620, MCL 780.713, receives federal grant funding from the United States Department of Justice in excess of the amount appropriated in part 1, the office of appellate defender may receive and expend grant funds in an amount not to exceed $300,000.00 as other federal grants. Sec. 322a. If Byrne formula grant funding is awarded to the Michigan indigent defense commission, the Michigan indigent defense commission may receive and expend Byrne formula grant funds in an amount not to exceed $250,000.00 as an interdepartmental grant from the department of state police. The Michigan indigent defense commission, created under section 5 of the Michigan indigent defense commission act, 2013 PA 93, MCL 780.985, may receive and expend federal grant funding from the United States Department of Justice in an amount not to exceed $300,000.00 as other federal grants. Sec. 323. The state court administrative office shall provide courts with a quarterly listing of out-of-state placements of juveniles by each court. The state court administrative office shall also provide each judge who hears juvenile matters with the annual listing of per diem costs of the public and private residential care facilities located or doing business in this state, and the recidivism data for each facility, if available, as provided by the department of health and human services. The courts shall acknowledge receipt of this information. PART 2A PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS FOR FISCAL YEAR 2016-2017 GENERAL SECTIONS Sec. 1201. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2017 for the line items listed in part 1. The fiscal year 2016-2017 appropriations are anticipated to be the same as those for fiscal year 2015-2016, except that the line items will be adjusted for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2016 consensus revenue estimating conference. ARTICLE XIII DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS PART 1 LINE-ITEM APPROPRIATIONS FOR FISCAL YEAR 2015-2016 Sec. 101. The amounts listed in this part are appropriated for the department of licensing and regulatory affairs, subject to the conditions set forth in part 2, for the fiscal year ending September 30, 2016, from the funds identified in this part. The following is a summary of the appropriations in this part: DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS APPROPRIATION SUMMARY Full-time equated unclassified positions........................................................................... 57.5 Full-time equated classified positions.......................................................................... 2,163.3 GROSS APPROPRIATION.......................................................................................................... $ 407,649,000 No. 52] [June 3, 2015] JOURNAL OF THE SENATE 997 For Fiscal Year Ending Sept. 30, 2016 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... $ 46,068,700 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 361,580,300 Federal revenues: Total federal revenues................................................................................................................... 63,674,900 Special revenue funds: Total local revenues...................................................................................................................... 679,000 Total private revenues................................................................................................................... 341,300 Total other state restricted revenues............................................................................................. 258,403,600 State general fund/general purpose.............................................................................................. $ 38,481,500 Sec. 102. DEPARTMENTAL ADMINISTRATION Full-time equated unclassified positions........................................................................... 57.5 Full-time equated classified positions............................................................................. 115.0 Unclassified salaries—57.5 FTE positions................................................................................... $ 4,605,200 Executive director programs—24.0 FTE positions...................................................................... 2,890,200 Financial and administrative services—74.0 FTE positions........................................................ 7,805,800 Office of regulatory reinvention—4.0 FTE positions................................................................... 482,600 Office of reinventing performance in Michigan—6.0 FTE positions........................................... 700,000 Office for new Americans—4.0 FTE positions............................................................................ 593,000 FOIA coordination—2.0 FTE positions....................................................................................... 302,900 Local community stabilization authority—1.0 FTE position....................................................... 150,000 Property management................................................................................................................... 11,776,400 Information technology services and projects.............................................................................. 19,979,100 Worker’s compensation................................................................................................................. 342,700 GROSS APPROPRIATION.......................................................................................................... $ 49,627,900 Appropriated from: Interdepartmental grant revenues: IDG-DIFS, accounting services.................................................................................................... 150,000 IDG-TED, unemployment hearings.............................................................................................. 555,000 Federal revenues: DED-vocational rehabilitation and independent living................................................................ 2,184,100 DOL-occupational safety and health............................................................................................ 992,400 EPA-underground storage tanks................................................................................................... 28,600 HHS-Medicaid, certification of health care providers and suppliers........................................... 708,700 HHS-Medicare, certification of health care providers and suppliers........................................... 1,165,600 Special revenue funds: Local stabilization authority contract........................................................................................... 150,000 Aboveground storage tank fees.................................................................................................... 145,500 Accountancy enforcement fund.................................................................................................... 67,000 Asbestos abatement fund.............................................................................................................. 179,600 Boiler inspection fund.................................................................................................................. 630,800 Builder enforcement fund............................................................................................................. 98,800 Construction code fund................................................................................................................ 1,609,400 Corporation fees........................................................................................................................... 8,622,900 Elevator fees................................................................................................................................. 683,400 Fire alarm fees.............................................................................................................................. 5,300 Fire safety standard and enforcement fund.................................................................................. 1,100 Fire service fees........................................................................................................................... 771,800 Fireworks safety fund................................................................................................................... 93,600 Health professions regulatory fund.............................................................................................. 2,672,200 Health systems fees...................................................................................................................... 438,900 Licensing and regulation fund...................................................................................................... 3,035,800 Liquor license revenue................................................................................................................. 300,000 Liquor purchase revolving fund................................................................................................... 7,046,300 Michigan medical marihuana fund............................................................................................... 917,600 Mobile home code fund............................................................................................................... 603,900 998 JOURNAL OF THE SENATE [June 3, 2015] Nurse professional fund................................................................................................................ $ PMECSEMA fund........................................................................................................................ Private occupational school license fees...................................................................................... Property development fees........................................................................................................... Public utility assessments............................................................................................................. Radiological health fees............................................................................................................... Real estate appraiser education fund............................................................................................ Real estate education fund........................................................................................................... Real estate enforcement fund....................................................................................................... Restructuring mechanism assessments......................................................................................... Safety education and training fund.............................................................................................. Second injury fund....................................................................................................................... Securities fees............................................................................................................................... Securities investor education and training fund........................................................................... Security business fund.................................................................................................................. Self-insurers security fund............................................................................................................ Silicosis and dust disease fund..................................................................................................... Survey and remonumentation fund............................................................................................... Tax tribunal fund.......................................................................................................................... Unarmed combat fund.................................................................................................................. Underground storage tank fees..................................................................................................... Utility consumer representation fund........................................................................................... Worker’s compensation administrative revolving fund................................................................ State general fund/general purpose.............................................................................................. $ Sec. 103. ENERGY AND UTILITY PROGRAMS Full-time equated classified positions............................................................................. 183.0 Michigan agency for energy—52.0 FTE positions....................................................................... $ Public service commission—131.0 FTE positions....................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: DOE-heating oil and propane....................................................................................................... DOT-gas pipeline safety............................................................................................................... EPA-pollution prevention............................................................................................................. Special revenue funds: Oil overcharge.............................................................................................................................. Public utility assessments............................................................................................................. Restructuring mechanism assessments......................................................................................... Retired engineers technical assistance program fund................................................................... State general fund/general purpose.............................................................................................. $ Sec. 104. LIQUOR CONTROL COMMISSION Full-time equated classified positions............................................................................. 143.0 Management support services—28.0 FTE positions.................................................................... $ Liquor licensing and enforcement—115.0 FTE positions............................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Direct shipper enforcement revolving fund.................................................................................. Liquor license fee enhancement fund........................................................................................... Liquor license revenue................................................................................................................. Liquor purchase revolving fund................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 105. OCCUPATIONAL REGULATION Full-time equated classified positions.......................................................................... 1,024.9 Bureau of fire services—80.0 FTE positions............................................................................... $ Bureau of construction codes—176.0 FTE positions................................................................... [No. 52 For Fiscal Year Ending Sept. 30, 2016 36,900 217,700 164,000 6,000 3,985,700 296,200 6,400 15,200 9,900 11,000 1,372,700 395,000 4,594,100 14,400 3,100 255,900 173,500 142,000 1,631,400 12,800 355,200 52,900 99,800 1,917,800 12,155,100 21,647,600 33,802,700 3,851,200 1,219,900 84,000 30,000 26,847,100 550,900 669,600 550,000 4,361,200 15,089,200 19,450,400 124,500 75,000 7,304,100 11,946,800 0 11,414,500 21,767,000 No. 52] [June 3, 2015] JOURNAL OF THE SENATE 999 For Fiscal Year Ending Sept. 30, 2016 Detroit demolition permit assistance............................................................................................ $ 800,000 Corporations, securities, and commercial licensing bureau—178.0 FTE positions..................... 26,818,100 Bureau of health care services—351.9 FTE positions................................................................. 59,284,100 Medical marihuana program—20.0 FTE positions...................................................................... 4,228,800 Bureau of children and adult licensing—219.0 FTE positions.................................................... 28,569,000 GROSS APPROPRIATION.......................................................................................................... $ 152,881,500 Appropriated from: Interdepartmental grant revenues: IDG-DHHS, inspection contract................................................................................................... 100,000 IDG-MDE, child care licensing.................................................................................................... 16,340,200 Federal revenues: DHS-fire training systems............................................................................................................ 28,000 DOT-hazardous materials training and planning.......................................................................... 60,000 EPA-underground storage tanks................................................................................................... 1,255,300 HHS-Medicaid, certification of health care providers and suppliers........................................... 8,991,600 HHS-Medicare, certification of health care providers and suppliers........................................... 12,215,700 Special revenue funds: Private - civil monetary penalties................................................................................................. 199,500 Aboveground storage tank fees.................................................................................................... 447,200 Accountancy enforcement fund.................................................................................................... 404,300 Boiler inspection fund.................................................................................................................. 3,756,800 Builder enforcement fund............................................................................................................. 478,300 Construction code fund................................................................................................................ 8,440,000 Corporation fees........................................................................................................................... 6,916,900 Elevator fees................................................................................................................................. 4,780,500 Fire alarm fees.............................................................................................................................. 125,400 Fire safety standard and enforcement fund.................................................................................. 40,000 Fire service fees........................................................................................................................... 2,452,400 Fireworks safety fund................................................................................................................... 682,900 Health professions regulatory fund.............................................................................................. 23,491,300 Health systems fees...................................................................................................................... 3,309,300 Licensing and regulation fund...................................................................................................... 11,386,500 Liquor purchase revolving fund................................................................................................... 130,900 Michigan medical marihuana fund............................................................................................... 4,228,800 Mobile home code fund............................................................................................................... 2,982,300 Nurse professional fund................................................................................................................ 1,937,200 PMECSEMA fund........................................................................................................................ 1,821,300 Private occupational school license fees...................................................................................... 817,600 Property development fees........................................................................................................... 318,100 Real estate appraiser education fund............................................................................................ 63,200 Real estate education fund........................................................................................................... 340,600 Real estate enforcement fund....................................................................................................... 696,400 Securities fees............................................................................................................................... 4,918,700 Securities investor education and training fund........................................................................... 999,900 Security business fund.................................................................................................................. 340,100 Survey and remonumentation fund............................................................................................... 837,200 Unarmed combat fund.................................................................................................................. 137,000 Underground storage tank fees..................................................................................................... 2,518,500 State general fund/general purpose.............................................................................................. $ 23,891,600 Sec. 106. EMPLOYMENT SERVICES Full-time equated classified positions............................................................................. 464.4 Workers’ compensation agency—56.0 FTE positions.................................................................. $ 7,745,500 Insurance funds administration—23.0 FTE positions.................................................................. 5,236,300 Compensation supplement fund................................................................................................... 1,820,000 Bureau of services for blind persons—113.0 FTE positions....................................................... 25,011,000 Bureau of employment relations—22.0 FTE positions................................................................ 4,117,800 1000 JOURNAL OF THE SENATE [June 3, 2015] Michigan occupational safety and health administration—197.0 FTE positions......................... $ Radiation safety section—21.4 FTE positions............................................................................. Wage and hour program—32.0 FTE positions............................................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: DED-vocational rehabilitation and independent living................................................................ DOL-occupational safety and health............................................................................................ HHS-mammography quality standards......................................................................................... Special revenue funds: Local revenues.............................................................................................................................. Private revenues............................................................................................................................ Asbestos abatement fund.............................................................................................................. Corporation fees........................................................................................................................... Michigan business enterprise program fund................................................................................. Radiological health fees............................................................................................................... Safety education and training fund.............................................................................................. Second injury fund....................................................................................................................... Securities fees............................................................................................................................... Self-insurers security fund............................................................................................................ Silicosis and dust disease fund..................................................................................................... Worker’s compensation administrative revolving fund................................................................ State general fund/general purpose.............................................................................................. $ Sec. 107. MICHIGAN ADMINISTRATIVE HEARING SYSTEM Full-time equated classified positions............................................................................. 233.0 Michigan administrative hearing system—215.0 FTE positions.................................................. $ Michigan compensation appellate commission—18.0 FTE positions.......................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG revenues - administrative hearings and rules....................................................................... Federal revenues: Federal revenues - administrative hearings and rules................................................................... Special revenue funds: State restricted revenues - administrative hearings and rules....................................................... Worker’s compensation administrative revolving fund................................................................ State general fund/general purpose.............................................................................................. $ Sec. 108. DEPARTMENT GRANTS Fire protection grants................................................................................................................... $ Firefighter training grants............................................................................................................. Liquor law enforcement grants..................................................................................................... Medical marihuana operation and oversight grants...................................................................... Remonumentation grants.............................................................................................................. Subregional libraries state aid...................................................................................................... Utility consumer representation................................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Fire protection fund...................................................................................................................... Fireworks safety fund................................................................................................................... Liquor license revenue................................................................................................................. Michigan medical marihuana fund............................................................................................... Survey and remonumentation fund............................................................................................... Utility consumer representation fund........................................................................................... State general fund/general purpose.............................................................................................. $ [No. 52 For Fiscal Year Ending Sept. 30, 2016 28,660,200 3,437,000 3,658,300 79,686,100 18,279,800 11,695,100 764,900 529,000 111,800 1,016,800 8,455,400 562,000 2,672,100 9,554,100 2,814,600 8,484,500 1,337,100 1,084,600 2,462,800 9,861,500 38,678,000 4,546,700 43,224,700 28,923,500 150,000 12,783,100 333,200 1,034,900 9,273,900 1,000,000 7,200,000 3,000,000 7,300,000 451,800 750,000 28,975,700 8,500,000 1,000,000 7,200,000 3,000,000 7,300,000 750,000 1,225,700 No. 52] [June 3, 2015] JOURNAL OF THE SENATE PART 2 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2015-2016 1001 GENERAL SECTIONS Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2015-2016 is $296,885,100.00 and state spending from state resources to be paid to local units of government for fiscal year 2015-2016 is $28,225,700.00. The itemized statement below identifies appropriations from which spending to local units of government will occur: DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS Fire protection grants................................................................................................................... $ 9,273,900 Firefighter training grants............................................................................................................. 1,000,000 Liquor law enforcement grants..................................................................................................... 7,200,000 Medical marihuana operation and oversight grants...................................................................... 3,000,000 Remonumentation grants.............................................................................................................. 7,300,000 Subregional libraries state aid...................................................................................................... 451,800 Total department of licensing and regulatory affairs.................................................................... $ 28,225,700 Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. Sec. 203. As used in this part and part 1: (a) “DED” means the United States Department of Education. (b) “Department” means the department of licensing and regulatory affairs. (c) “DHHS” means the Michigan department of health and human services. (d) “DHS” means the United States Department of Homeland Security. (e) “DIFS” means the department of insurance and financial services. (f) “Director” means the director of the department. (g) “DOE” means the United States Department of Energy. (h) “DOL” means the United States Department of Labor. (i) “DOT” means the United States Department of Transportation. (j) “EPA” means the United States Environmental Protection Agency. (k) “Fiscal agencies” means Michigan house fiscal agency and Michigan senate fiscal agency. (l) “FOIA” means the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. (m) “FTE” means full-time equated. (n) “HHS” means the United States Department of Health and Human Services. (o) “IDG” means interdepartmental grant. (p) “MDE” means the Michigan department of education. (q) “PMECSEMA” means pain management education and controlled substances electronic monitoring and antidiversion. (r) “Subcommittees” means all members of the subcommittees of the house and senate appropriations committees with jurisdiction over the budget for the department. (s) “TED” means the Michigan department of talent and economic development. Sec. 205. In addition to the metrics required under section 447 of the management and budget act, 1984 PA 431, MCL 18.1447, for each new program or program enhancement for which funds in excess of $500,000.00 are appropriated in part 1, the department shall provide, not later than November 1, a list of program-specific metrics intended to measure its performance based on a return on taxpayer investment. The department shall deliver the program-specific metrics to members of the senate and house subcommittees that have subject matter jurisdiction for this budget, fiscal agencies, and the state budget director. The department shall provide an update on its progress in tracking program-specific metrics and the status of program success at an appropriations subcommittee meeting called for by the subcommittee chairperson. Sec. 208. The departments and agencies receiving appropriations in part 1 shall use the Internet to fulfill the reporting requirements of this part. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an Internet or intranet site. Sec. 209. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality. Sec. 210. The director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. The director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both. 1002 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 Sec. 212. The department and agencies receiving appropriations in part 1 shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall be followed. The department may electronically retain copies or reports unless otherwise required by federal and state guidelines. Sec. 215. The department shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff. Sec. 216. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and the fiscal agencies. Sec. 218. The departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the house and senate appropriations committee, the house and senate fiscal agencies, and the state budget director. The report shall include the following information: (a) The dates of each travel occurrence. (b) The total transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues. Sec. 219. No later than April 1, the department shall submit to the subcommittees and the fiscal agencies a report pertaining to the following information: (a) The amount, in square footage, of office space paid for with the appropriation in part 1 for both state-owned and leased office space, respectively, during the previous fiscal year. (b) The amount, in square footage, of office space actually utilized by the department for both state-owned and leased office space, respectively, during the previous fiscal year. (c) The amount of office space the department estimates will be utilized during the current and subsequent fiscal years. Sec. 220. The department may carry into the succeeding fiscal year unexpended federal pass-through funds to local institutions and governments that do not require additional state matching funds. Federal pass-through funds to local institutions and governments that are received in amounts in addition to those included in part 1 and that do not require additional state matching funds are appropriated for the purposes intended. Within 14 days after the receipt of federal pass-through funds, the department shall notify the house and senate chairpersons of the subcommittees, the fiscal agencies, and the state budget director of pass-through funds appropriated under this section. Sec. 221. Funds appropriated in this part and part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes. Sec. 223. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $19,000,000.00 for federal contingency funds. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $25,000,000.00 for state restricted contingency funds. (3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $7,800,000.00 for local contingency funds. (4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $400,000.00 for private contingency funds. (5) Funds appropriated pursuant to this section are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 225. (1) Grants supported with private revenues received by the department are appropriated upon receipt and are available for expenditure by the department, subject to subsection (3), for purposes specified within the grant agreement and as permitted under state and federal law. (2) Within 10 days after the receipt of a private grant appropriated in subsection (1), the department shall notify the house and senate chairpersons of the subcommittees, the fiscal agencies, and the state budget director of the receipt of the grant, including the fund source, purpose, and amount of the grant. (3) The amount appropriated under subsection (1) shall not exceed $1,500,000.00. Sec. 227. (1) The department shall sell documents at a price not to exceed the cost of production and distribution. Money received from the sale of these documents shall revert to the department. In addition to the funds appropriated in part 1, these funds are available for expenditure when they are received by the department of treasury. This subsection applies only for the following documents: (a) Corporation and securities division documents, reports, and papers required or permitted by law pursuant to sec­ tion 1060(5) of the business corporation act, 1972 PA 284, MCL 450.2060. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1003 (b) The Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303. (c) The mobile home commission act, 1987 PA 96, MCL 125.2301 to 125.2349; the business corporation act, 1972 PA 284, MCL 450.1101 to 450.2098; the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to 450.3192; and the uniform securities act (2002), 2008 PA 551, MCL 451.2101 to 451.2703. (d) Worker’s compensation health care services rules. (e) Construction code manuals. (f) Copies of transcripts from administrative law hearings. (2) In addition to the funds appropriated in part 1, funds appropriated for the department under sections 55, 57, 58, and 59 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.255, 24.257, 24.258, and 24.259, and section 203 of the legislative council act, 1986 PA 268, MCL 4.1203, are appropriated for all expenses necessary to provide for the cost of publication and distribution. (3) Unexpended funds at the end of the fiscal year shall carry forward to the subsequent fiscal year and not lapse to the general fund. Sec. 228. Unless prohibited by law, the department may accept credit card or other electronic means of payment for licenses, fees, or permits. Sec. 229. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department’s performance. Sec. 231. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency: (a) Fiscal year-to-date expenditures by category. (b) Fiscal year-to-date expenditures by appropriation unit. (c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description. (d) The number of active department employees by job classification. (e) Job specifications and wage rates. Sec. 232. The department shall not develop or produce any television or radio productions. Sec. 234. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the senate and house appropriations chairs, the senate and house appropriations subcommittees chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the preceding and current fiscal years. Sec. 235. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2016 are $55,244,600.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $31,352,700.00. Total agency appropriations for retiree health care legacy costs are estimated at $23,891,800.00. Sec. 241. (1) The department may charge registration fees to attendees of informational, training, or special events sponsored by the department. (2) These fees shall reflect the costs for the department to sponsor the informational, training, or special events. (3) Revenue generated by the registration fees is appropriated upon receipt and available for expenditure to cover the department’s costs of sponsoring informational, training, or special events. (4) Revenue generated by registration fees in excess of the department’s costs of sponsoring informational, training, or special events shall carry forward to the subsequent fiscal year and not lapse to the general fund. (5) Not later than November 15, the department shall submit a report to the subcommittees, fiscal agencies, and the state budget office that identifies each of the following in the immediately preceding fiscal year: (a) Each informational, training, or special event sponsored by the department. (b) The amount of revenue generated by registration fees. (c) The amount expended for the department’s costs of sponsoring informational, training, or special events. (d) Any balance carried forward into the subsequent fiscal year. (6) The amount appropriated under subsection (3) shall not exceed $500,000.00. Sec. 242. The department may make available to interested entities otherwise unavailable customized listings of nonconfidential information in its possession, such as names and addresses of licensees. The department may establish and collect a reasonable charge to provide this service. The revenue received from this service shall be used to offset expenses to provide the service. Any balance of this revenue collected and unexpended at the end of the fiscal year shall revert to the appropriate restricted fund. Sec. 243. The department shall work to establish memoranda of understanding with other state departments or agencies that participate in the reinventing performance in Michigan program supported by appropriations in part 1. Each memorandum shall detail a mechanism for the department to recover costs related to program services performed on behalf of the receiving agency. Not later than March 1, the department shall submit a report to the state budget office, subcommittees, and fiscal agencies containing the following information: (a) The name of each state department or agency participating in the program. 1004 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (b) Whether a memorandum of understanding was established with each participating state department or agency. (c) The amount agreed upon in each memorandum of understanding. Sec. 245. The department, in conjunction with the department of health and human services, shall maintain an accounting structure within the Michigan administrative information network that will allow expenditures associated with the administration of the Healthy Michigan plan to be identified. By October 1, the department shall provide the state budget office and the fiscal agencies with the relevant accounting structure and associated business objects script and report that group’s administrative costs. Sec. 248. (1) No later than March 1, the department shall submit a report to the subcommittees and fiscal agencies pertaining to licensing and regulatory programs during the previous fiscal year for the following agencies: (a) Public service commission. (b) Liquor control commission. (c) Bureau of construction codes. (d) Corporations, securities, and commercial licensing bureau. (e) Bureau of health care services. (f) Michigan occupational safety and health administration. (2) The report shall be in a format that is consistent between the agencies listed in subsection (1) and shall provide, but is not limited to, the following information for each agency in subsection (1): (a) Revenue generated by and expenditures disbursed for each regulatory product. (b) Number of applications, both initial and renewal, for each regulatory product. (c) Number of applications, both initial and renewal, approved for each regulatory product. (d) Number of applications, both initial and renewal, denied for each regulatory product. (e) Average amount of time, both tolled and untolled, to approve or deny applications, both initial and renewal, for each regulatory product. (f) Number of examinations proctored for initial applications for each regulatory product, if applicable. (g) Number of complaints received pertaining to each regulated activity. (h) Number of investigations opened pertaining to each regulated activity. (i) Number of investigations closed pertaining to each regulated activity. (j) Average amount of time to close investigations pertaining to each regulated activity. (k) Number of enforcement actions pertaining to each regulated activity. (l) Number of administrative hearings pertaining to each regulated activity. (m) Number of administrative hearing adjudications pertaining to each regulated activity. (n) The type and amount of each fee charged to support each regulated activity. (3) In addition to providing agency-level information as specified in subsection (2), the report shall include a summary that provides the following information as a sum total for all of the agencies specified in subsection (1): (a) Total fee revenue and expenditures. (b) The numbers of applications, both initial and renewal, received, approved, and denied for each regulatory product. (c) Number of complaints received. (d) Number of investigations opened. (e) Number of investigations closed. (f) Number of enforcement actions taken. (g) Number of administrative hearing adjudications undertaken. (4) As used in subsection (2), “regulatory products” means licensure, certification, registration, permitting, approval, or any other regulatory service provided by the agencies specified in subsection (1) for occupations, facilities, entities, industries, or activities regulated by the agencies specified in subsection (1). Sec. 252. It is the intent of the legislature that the department establish an employee performance monitoring process that is consistent throughout the department in addition to current civil service commission evaluations. By April 1, the department shall submit a report to the state budget office, the subcommittees, and the fiscal agencies on changes to the employee performance monitoring process that are planned or implemented. OCCUPATIONAL REGULATION Sec. 501. Money appropriated under this part and part 1 for the bureau of fire services shall not be expended unless, in accordance with section 2c of the fire prevention code, 1941 PA 207, MCL 29.2c, inspection and plan review fees will be charged according to the following schedule: Operation and maintenance inspection fee Facility type Facility size Fee Hospitals Any $8.00 per bed Plan review and construction inspection fees for hospitals and schools Project cost range FeeMMMM $101,000.00 or less minimum fee of $155.00 $101,001.00 to $1,500,000.00 $1.60 per $1,000.00 $1,500,001.00 to $10,000,000.00 $1.30 per $1,000.00 No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1005 $10,000,001.00 or more $1.10 per $1,000.00 or a maximum fee of $60,000.00. Sec. 502. The funds collected by the department for licenses, permits, and other elevator regulation fees set forth in the Michigan administrative code and as determined under section 8 of 1976 PA 333, MCL 338.2158, and section 16 of 1967 PA 227, MCL 408.816, that are unexpended at the end of the fiscal year shall carry forward to the subsequent fiscal year. Sec. 503. No later than February 15, the department shall submit a report to the subcommittees, fiscal agencies, and state budget director providing the following information: (a) The number of honorably discharged veterans, individually or if a majority interest of a corporation or limited liability company, that were exempted from paying licensure, registration, filing, or any other fees collected under each licensure or regulatory program administered by the bureau of construction codes and the corporations, securities, and commercial licensing bureau during the preceding fiscal year. (b) The specific fees and total amount of revenue exempted under each licensure or regulatory program administered by the bureau of construction codes and the corporations, securities, and commercial licensing bureau during the preceding fiscal year. (c) The actual costs of providing licensing and other regulatory services to veterans exempted from paying licensure, registration, filing, or any other fees during the preceding fiscal year and a description of how these costs were calculated. (d) The estimated amount of revenue that will be exempted under each licensure or regulatory program administered by the bureau of construction codes and the corporations, securities, and commercial licensing bureau in both the current and subsequent fiscal years and a description of how the exempted revenue was estimated. Sec. 505. (1) Funds remaining in the homeowner construction lien recovery fund are appropriated to the department for payment of court-ordered homeowner construction lien recovery fund judgments entered prior to August 23, 2010. Pursuant to available funds, the payment of final judgments shall be made in the order in which the final judgments were entered and began accruing interest. (2) Not later than April 1, the department shall submit to the subcommittees and fiscal agencies a report on the revenues, expenditures, and balance of the homeowner construction lien recovery fund as of the end of the previous fiscal year. Sec. 507. The department shall submit a report by January 1 to the standing committees on appropriations of the senate and house of representatives, the fiscal agencies, and the state budget director that includes all of the following information for the prior fiscal year regarding the medical marihuana program under the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430: (a) The number of initial applications received. (b) The number of initial applications approved and the number of initial applications denied. (c) The average amount of time, from receipt to approval or denial, to process an initial application. (d) The number of renewal applications received. (e) The number of renewal applications approved and the number of renewal applications denied. (f) The average amount of time, from receipt to approval or denial, to process a renewal application. (g) The percentage of initial applications not approved or denied within the time requirements established in section 6 of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26426. (h) The percentage of renewal applications not approved or denied within the time requirements established in section 6 of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26426. (i) The percentage of registry cards for approved initial applications not issued within the time requirements established in section 6 of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26426. (j) The percentage of registry cards for approved renewal applications not issued within the time requirements established in section 6 of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26426. (k) The amount collected from the medical marihuana program application and renewal fees authorized in section 5 of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26425. (l) The costs of administering the medical marihuana program under the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430. Sec. 508. If the revenue collected by the department for health systems administration or radiological health administration and projects from fees and collections exceeds the amount appropriated in part 1, the revenue may be carried forward into the subsequent fiscal year. The revenue carried forward under this section shall be used as the first source of funds in the subsequent fiscal year. Sec. 511. No later than February 1, the department shall submit a report to the subcommittees, fiscal agencies, and state budget director providing the following information: (a) The total amount of reimbursements made to local units of government for delegated inspections of fireworks retail locations pursuant to section 11 of the Michigan fireworks safety act, 2011 PA 256, MCL 28.461, from the funds appropriated in part 1 for the bureau of fire services during the preceding fiscal year. (b) The amount of reimbursement for delegated inspections of fireworks retail locations for each local unit of government that received reimbursement from the funds appropriated in part 1 for the bureau of fire services during the preceding fiscal year. 1006 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 Sec. 512. To the extent allowed under applicable state and federal laws, the bureau of health care services shall make disciplinary actions taken against health professionals publicly available through the online license verification website. Sec. 513. (1) Beginning October 1, for the purpose of defraying the costs associated with responding to false final inspection appointments and to discourage the practice of calling for final inspections when the project is incomplete or noncompliant with a plan of correction previously provided by the bureau of fire services, the bureau of fire services may assess a fee not to exceed $200.00 for responding to confirmed false inspection appointments. Fees collected under this section shall be deposited into the restricted account referenced by section 2c(2) of the fire prevention code, 1941 PA 207, MCL 29.2c, and explicitly identified within the Michigan administrative information network. (2) Not later than September 30, the department shall prepare a report that provides the amount of the fee assessed under subsection (1), the number of fees assessed and issued per region, the cost allocation for the work performed and reduced as a result of this section, and any recommendations for consideration by the legislature. The department shall submit this information to the state budget director, the subcommittees, and the fiscal agencies. Sec. 514. (1) From the funds appropriated in part 1 for the bureau of children and adult licensing from the inter­ depart­mental grant from the department of education, the department shall increase the number of child care licensing consultants and staff. The purpose of the additional staff is to increase the number of monitoring visits to applicants for a child care license and those who are licensed to ensure the health and safety of children in early learning settings across this state. (2) By February 1, the department shall submit a report to the subcommittees, the fiscal agencies, and the senate and house policy offices detailing the improvements that the bureau of children and adult licensing has achieved due to the increased number of child care licensing consultants that were hired using the funds appropriated in part 1 for the bureau of children and adult licensing. EMPLOYMENT SERVICES Sec. 704. (1) The appropriation in part 1 for the bureau of services for blind persons includes funds for case services. These funds may be used for tuition payments for blind clients. (2) Revenue collected by the bureau of services for blind persons and from private and local sources that is unexpended at the end of the fiscal year may carry forward to the subsequent fiscal year. Sec. 705. The bureau of services for blind persons shall work collaboratively with service organizations and government entities to identify qualified match dollars to maximize use of available federal vocational rehabilitation funds. Sec. 706. Not later than January 1, the department shall submit a report to the subcommittees and fiscal agencies including, but not limited to, the following information pertaining to the activities of the youth low-vision program during the preceding fiscal year: (a) Number of individuals, classified by age, who received services or devices. (b) Description of the services and devices purchased under the program. (c) Total payments to each provider of services or devices, classified by the county in which the provider is located. (d) Amount by which private health insurance or other public health programs were utilized to offset the expense of services or devices. (e) Amount of expenditures under the program that qualified for federal matching revenue and the amount of federal matching revenue received by the department. Sec. 707. The bureau of services for blind persons may provide and enter into agreements to provide general services, training, meetings, information, special equipment, software, facility use, and technical consulting services to other principal executive departments, state agencies, local units of government, the judicial branch of government, other orga­ nizations, and patrons of department facilities. The department may charge fees for these services that are reasonably related to the cost of providing the services. In addition to the funds appropriated in part 1, funds collected by the department for these services are appropriated for all expenses necessary. The funds appropriated under this section are allotted for expenditure when they are received by the department of treasury. DEPARTMENT GRANTS Sec. 901. The appropriation in part 1 for fire protection grants shall be appropriated to cities, villages, and townships with state-owned facilities for fire services, instead of taxes, in accordance with 1977 PA 289, MCL 141.951 to 141.956. Sec. 902. (1) Not later than November 30, the department shall prepare a report that provides the number of registry identification cards issued to or renewed for patients residing in each county as of September 30 of the preceding fiscal year, under the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430. The department shall submit this report to the state budget director, the subcommittees, and the fiscal agencies. (2) The department shall expend the funds appropriated in part 1 for medical marihuana operation and oversight grants for grants to county law enforcement offices for the operation and oversight of the Michigan medical marihuana program pursuant to section 6(l) of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26426. These grants shall be distributed proportionately based on the number of registry identification cards issued to or renewed for the residents of each county whose county law enforcement office applied for a grant under subsection (3). For the purposes of this subsection, operation and oversight grants are for education, communication, and enforcement of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1007 (3) No later than December 1, the department shall post a listing of potential grant money available to each county law enforcement office on its website. A county law enforcement office requesting a grant shall apply on a form developed by the department and available on the website. The form shall contain the county law enforcement office’s specific projected plan for use of the money and its agreement to maintain all records and to submit documentation to the department to support the use of the grant money. (4) In order to be eligible to receive a grant under subsection (2), a county law enforcement office shall apply no later than January 1 and agree to report how the grant was expended and provide that report to the department no later than September 15. The department shall submit a report no later than October 15 of the subsequent fiscal year to the state budget director, the subcommittees, and the fiscal agencies detailing the grant amounts by recipient and the reported uses of the grants in the preceding fiscal year. (5) County law enforcement offices may distribute discretionary grants made under subsection (2) to municipal law enforcement agencies for the operation and oversight of the Michigan medical marihuana program pursuant to section 6(l) of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26426. If a county law enforcement office distributes a discretionary grant in this manner, that county law enforcement office shall require the receiving municipal law enforcement agency to provide a report on how that grant was spent. Reports from municipal law enforcement agencies shall be included as part of the report submitted to the department as required in subsection (4). Sec. 903. (1) The amount appropriated in part 1 for firefighter training grants shall only be expended for payments to counties to reimburse organized fire departments for firefighter training and other activities required under the firefighters training council act, 1966 PA 291, MCL 29.361 to 29.377. (2) If the amount appropriated in part 1 for firefighter training grants is expended by the firefighter training council, established in section 3 of the firefighters training council act, 1966 PA 291, MCL 29.363, for payments to counties under section 14 of the firefighters training council act, 1966 PA 291, MCL 29.374, it is the intent of the legislature that: (a) The amount appropriated in part 1 for firefighter training grants shall be disbursed pursuant to section 14(2) of the firefighters training council act, 1966 PA 291, MCL 29.374. (b) If the amount disbursed to any county under subsection (2)(a) is less than $5,000.00, the amounts disbursed to each county under subsection (2)(a) shall be adjusted to provide for a minimum payment of $5,000.00 to each county. (3) No later than February 1, the department shall submit a financial report to the subcommittees and fiscal agencies identifying the following information for the preceding fiscal year: (a) The amount of the payments that would be made to each county if the distribution formula described by the first sentence of section 14(2) of the firefighters training council act, 1966 PA 291, MCL 29.374, would have been utilized to disburse the total amount appropriated in part 1 for firefighter training grants. (b) The amount of the payments approved by the firefighter training council for disbursement to each county. (c) The amount of the payments actually expended or encumbered within each county. (d) A description of any other payments or expenditures made under the authority of the firefighter training council. (e) The amount of payments approved for disbursements to counties that was not expended or encumbered and lapsed back to the fireworks safety fund. (4) It is the intent of the legislature that the amount appropriated in part 1 for firefighter training grants be adjusted each fiscal year to reflect lapses from the preceding fiscal year into the fireworks safety fund created in section 11 of the Michigan fireworks safety act, 2011 PA 256, MCL 28.461, for the purpose of ensuring that lapsed grant funds are reallocated in subsequent fiscal years. Sec. 904. (1) The funds appropriated in part 1 for a regional or subregional library shall not be released until a budget for that regional or subregional library has been approved by the department for expenditures for library services directly serving the blind and persons with disabilities. (2) In order to receive subregional state aid as appropriated in part 1, a regional or subregional library’s fiscal agency shall agree to maintain local funding support at the same level in the current fiscal year as in the fiscal agency’s preceding fiscal year. If a reduction in expenditures equally affects all agencies in a local unit of government that is the regional or subregional library’s fiscal agency, that reduction shall not be interpreted as a reduction in local support and shall not disqualify a regional or subregional library from receiving state aid under part 1. If a reduction in income affects a library cooperative or district library that is a regional or subregional library’s fiscal agency or a reduction in expenditures for the regional or subregional library’s fiscal agency, a reduction in expenditures for the regional or subregional library shall not be interpreted as a reduction in local support and shall not disqualify a regional or subregional library from receiving state aid under part 1. PART 2A PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS FOR FISCAL YEAR 2016-2017 GENERAL SECTIONS Sec. 1201. Except as otherwise provided in this part, it is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2017 for the line items listed in part 1. The fiscal year 2016-2017 appropriations are anticipated to be the same as those for fiscal year 2015-2016, except that the line items will be adjusted for changes in 1008 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2016 consensus revenue estimating conference. Sec. 1202. It is the intent of the legislature that the department identify the amounts for normal retirement costs and legacy retirement costs for the fiscal year ending on September 30, 2017 for the line items listed in part 1. ARTICLE XIV DEPARTMENT OF MILITARY AND VETERANS AFFAIRS PART 1 LINE-ITEM APPROPRIATIONS Sec. 101. There is appropriated for the department of military and veterans affairs for the fiscal year ending September 30, 2016, from the following funds: DEPARTMENT OF MILITARY AND VETERANS AFFAIRS APPROPRIATION SUMMARY Full-time equated unclassified positions............................................................................. 9.0 Full-time equated classified positions............................................................................. 888.5 GROSS APPROPRIATION.......................................................................................................... $ 166,953,700 Total interdepartmental grants and intradepartmental transfers................................................... 99,300 Schedule of interdepartmental grant and intradepartmental transfer revenue sources: IDG, state police............................................................................................................ 99,300 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 166,854,400 Total federal revenues................................................................................................................... 90,208,600 Schedule of federal revenue sources: DOD-DOA-NGB.................................................................................................... 59,931,200 USDVA-VHA......................................................................................................... 27,136,600 Federal counter narcotics revenues.............................................................................. 100,000 HHS-HCFA, title XIX, Medicaid.................................................................................. 88,100 HHS-HCFA, Medicare, hospital insurance............................................................... 2,952,700 Total local revenues...................................................................................................................... 1,497,400 Schedule of local revenue sources: Local - school aid fund............................................................................................ 1,497,400 Total private revenues................................................................................................................... 739,600 Schedule of private revenue sources: Private - veterans’ homes post and posthumous funds................................................ 540,000 Private donations......................................................................................................... 199,600 Total other state restricted revenues............................................................................................. 23,221,500 Schedule of restricted revenue sources: Billeting fund............................................................................................................ 1,500,000 Lease revenue................................................................................................................ 12,200 Income and assessments......................................................................................... 13,992,800 Mackinac Bridge authority............................................................................................ 70,000 Military family relief fund........................................................................................ 1,000,000 Michigan National Guard armory construction fund................................................ 1,000,000 Michigan veterans’ trust fund................................................................................... 5,200,100 Rental fees................................................................................................................... 346,400 Test project fees........................................................................................................... 100,000 State general fund/general purpose.............................................................................................. $ 51,187,300 State general fund/general purpose schedule: Ongoing state general fund/general purpose.......................................................... 48,187,300 One-time state general fund/general purpose........................................................... 3,000,000 Sec. 102. MILITARY Full-time equated unclassified positions............................................................................. 9.0 Full-time equated classified positions............................................................................. 324.0 Unclassified positions................................................................................................................... $ 1,390,700 Departmental and National Guard operations.............................................................................. 63,639,400 Schedule of programs: Support services........................................................................................................ 1,791,300 Armories and joint force readiness......................................................................... 15,879,100 National Guard training facilities and air bases..................................................... 33,399,400 Michigan youth challeNGe academy........................................................................ 4,541,300 Military family relief fund........................................................................................... 600,000 No. 52] [June 3, 2015] JOURNAL OF THE SENATE Starbase grant........................................................................................................... 2,322,000 National Guard tuition assistance program.............................................................. 3,741,600 Information technology services and projects.......................................................... 1,364,700 GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues................................................................................................. Federal revenues........................................................................................................................... Local revenues.............................................................................................................................. Private revenues............................................................................................................................ State restricted revenues............................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 103. MICHIGAN VETERANS AFFAIRS AGENCY Full-time equated classified positions............................................................................. 564.5 Michigan veterans affairs agency................................................................................................. $ Schedule of programs: Michigan veterans affairs agency administration..................................................... 6,964,400 Veterans service grants............................................................................................. 3,733,500 Targeted grants............................................................................................................ 200,000 Veterans’ trust fund administration.......................................................................... 1,453,600 Veterans’ trust fund grants........................................................................................ 3,746,500 Veterans’ homes........................................................................................................................... $ Schedule of programs: Grand Rapids home for veterans............................................................................ 45,854,000 Board of managers (Grand Rapids home)................................................................... 665,000 D.J. Jacobetti home for veterans............................................................................ 19,531,600 Board of managers (Jacobetti home)........................................................................... 275,000 GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues........................................................................................................................... Private revenues............................................................................................................................ State restricted revenues............................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 104. CAPITAL OUTLAY Capital outlay............................................................................................................................... $ Schedule of programs: Special maintenance - National Guard................................................................... 15,000,000 Special maintenance - veterans’ homes....................................................................... 500,000 Land and acquisitions............................................................................................... 1,000,000 GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues........................................................................................................................... State restricted revenues............................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 105. ONE-TIME APPROPRIATIONS Special maintenance - National Guard......................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ PART 1B SUPPLEMENTAL LINE-ITEM APPROPRIATIONS 1009 For Fiscal Year Ending Sept. 30, 2016 65,030,100 99,300 45,444,400 1,497,400 199,600 3,023,000 14,766,400 16,098,000 66,325,600 82,423,600 29,764,200 540,000 19,198,500 32,920,900 16,500,000 16,500,000 15,000,000 1,000,000 500,000 3,000,000 3,000,000 3,000,000 Sec. 151. There is appropriated for the department of military and veterans affairs for the fiscal year ending September 30, 2015, from the following funds: DEPARTMENT OF MILITARY AND VETERANS AFFAIRS APPROPRIATION SUMMARY Full-time equated unclassified positions............................................................................. 0.0 Full-time equated classified positions................................................................................. 0.0 1010 JOURNAL OF THE SENATE [June 3, 2015] GROSS APPROPRIATION.......................................................................................................... $ Total interdepartmental grants and intradepartmental transfers................................................... ADJUSTED GROSS APPROPRIATION..................................................................................... $ Total federal revenues................................................................................................................... Total local revenues...................................................................................................................... Total private revenues................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 152. MILITARY Full-time equated unclassified positions............................................................................. 0.0 Full-time equated classified positions................................................................................. 0.0 Unclassified positions................................................................................................................... $ Departmental and National Guard operations.............................................................................. Schedule of programs: Michigan youth challeNGe academy........................................................................ 4,995,700 GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues........................................................................................................................... Private revenues............................................................................................................................ State general fund/general purpose.............................................................................................. $ PART 2 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2015-2016 [No. 52 For Fiscal Year Ending Sept. 30, 2016 4,995,700 0 4,995,700 3,995,700 0 1,000,000 0 0 0 4,995,700 4,995,700 3,995,700 1,000,000 0 GENERAL SECTIONS Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2015-2016 is $74,408,800.00 and state spending from state resources to be paid to local units of government for fiscal year 2015-2016 is $102,400.00. The itemized statement below identifies appropriations from which spending to local units of government will occur: DEPARTMENT OF MILITARY AND VETERANS AFFAIRS National Guard operations............................................................................................................ $ 52,400 Schedule of programs: Payments in lieu of taxes............................................................................................... 52,400 Michigan veterans affairs agency................................................................................................. $ 50,000 Schedule of programs: County counselor education and training expenses....................................................... 50,000 TOTAL.......................................................................................................................................... $ 102,400 Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. Sec. 203. As used in this part and part 1: (a) “Core services” means that phrase as defined in section 373 of the management and budget act, 1984 PA 431, MCL 18.1373. (b) “Department” means the department of military and veterans affairs. (c) “DOD” means the United States Department of Defense. (d) “DOD-DOA-NGB” means the DOD Department of the Army, National Guard Bureau. (e) “FTE” means full-time equated. (f) “HCFA” means the Health Care Financing Administration, now renamed the Centers for Medicare and Medicaid Services. (g) “HHS” means the United States Department of Health and Human Services. (h) “HVAC” means heating, ventilation, and air conditioning. (i) “IDG” means interdepartmental grant. (j) “MVAA” means the Michigan veterans affairs agency. (k) “Subcommittees” means all members of the subcommittees of the senate and house appropriations committees with jurisdiction over the budget of the department. (l) “USDVA” means the United States Department of Veterans Affairs. (m) “USDVA-VHA” means the USDVA Veterans Health Administration. (n) “VSO” means veterans service organization. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1011 (o) “Work project” means that term as defined in section 404 of the management and budget act, 1984 PA 431, MCL 18.1404, and that meets the criteria in section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a. Sec. 206. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 207. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website that is accessible by the public at no cost that includes, but is not limited to, all of the following: (a) Fiscal year-to-date expenditures by category. (b) Fiscal year-to-date expenditures by appropriation unit. (c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description. (d) The number of active department employees by job classification. (e) Job specifications and wage rates. Sec. 208. The departments and agencies receiving appropriations in part 1 shall use the Internet to fulfill the reporting requirements of this part. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an Internet or Intranet site. Sec. 209. Funds appropriated in this part and part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are manu­ factured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality. Sec. 210. The department shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. The director of the department shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both. Sec. 215. The department shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff. Sec. 216. (1) Notwithstanding any other provision of this part, the schedule of programs in part 1 lists programs which may, but are not required to be, funded under part 1. (2) Notwithstanding any other provisions of this part, the schedule of revenue sources in part 1 may or may not be received from the funding entities listed. (3) Any funding required by statute is not subject to funding flexibility and shall be funded in accordance with that statute. Sec. 218. The departments and agencies receiving appropriations in this part and part 1 shall prepare a report on outof-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the senate and house appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information: (a) The dates of each travel occurrence. (b) The total transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues. Sec. 219. The department shall provide quarterly reports to the subcommittees, the senate and house fiscal agencies, and the state budget office, which shall provide the following data: (a) A list of all major work projects, including a status report of each project. (b) The department’s financial status, featuring a report of budgeted versus actual expenditures by part 1 line item including a year-end projection of budget requirements. If projected department budget requirements exceed the allocated budget, the report shall include a plan to reduce overall expenses while still satisfying specified service level requirements. 1012 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (c) A report on the status of performance metrics cited in this part and information required to be reported in this part. (d) The number of active employees at the close of the fiscal quarter by job classification and program. (e) A summary of fund shifts, that have been approved by the state budget office, that have occurred between items listed in the schedule of programs mentioned in part 1. (f) Evidence of efficiencies and management of funds within established appropriations. Sec. 222. The appropriations in part 1 are for the core services, support services, and work projects of the department, including, but not limited to, the following core services: (a) Armories and joint force readiness. (b) National Guard training facilities and air bases. (c) Michigan youth challeNGe academy. (d) Military family relief fund. (e) Starbase grant. (f) National Guard tuition assistance program. (g) Michigan veterans affairs agency administration. (h) Veterans service grants. (i) Veterans’ trust fund administration. (j) Veterans’ trust fund grants. (k) Grand Rapids home for veterans. (l) Board of managers (Grand Rapids). (m) D.J. Jacobetti home for veterans. (n) Board of managers (Jacobetti). Sec. 225. Funds appropriated in this part and part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those activities that the attorney general authorizes. Sec. 228. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriations lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriations lapses by major departmental program or program areas. The report shall be transmitted to the office of the state budget, the chairpersons of the senate and house standing committees on appropriations, the subcommittees, and the senate and house fiscal agencies. Sec. 229. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the senate and house appropriations chairs, the subcommittees, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2015 and September 30, 2016. Sec. 230. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the agency’s performance. Sec. 231. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2016 are $19,866,900.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $11,276,300.00, and total agency appropriations for retiree health care legacy costs are estimated at $8,590,600.00. Sec. 232. The appropriations in part 1 for capital outlay shall be carried forward at the end of the fiscal year consistent with section 248 of the management and budget act, 1984 PA 431, MCL 18.1248. Sec. 233. Sixty days prior to the public announcement of the intention to sell any department real property, the department shall submit notification of that intent to the subcommittees and the senate and house fiscal agencies. Sec. 234. The one-time appropriations in part 1 for special maintenance shall be carried forward at the end of the fiscal year consistent with section 248 of the management and budget act, 1984 PA 431, MCL 18.1248. Sec. 240. In addition to the metrics required under section 447 of the management and budget act, 1984 PA 431, MCL 18.1447, for each new program or program enhancement for which funds in excess of $500,000.00 are appropriated in part 1, the department shall provide not later than November 1, 2015 a list of program-specific metrics intended to measure its performance based on a return on taxpayer investment. The department shall deliver the program-specific metrics to members of the senate and house subcommittees that have subject matter jurisdiction for this budget, fiscal agencies, and the state budget director. The department shall provide an update on its progress in tracking program-specific metrics and the status of program success at an appropriations subcommittee meeting called for by the subcommittee chair. MILITARY UNCLASSIFIED POSITIONS Sec. 300. (1) From the funds appropriated in part 1, there is funding to support unclassified employee positions as authorized by section 5 of article XI of the state constitution of 1963. These positions include the following: department director - the adjutant general for Michigan; assistant adjutant general - army; assistant adjutant general - installations; assistant adjutant general - air; senior policy executive - Michigan veterans affairs agency; senior deputy director – state operations; director - strategy and policy; director - public safety group; and director - Michigan veterans affairs agency. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1013 (2) Not less than 30 days prior to the department submitting a request for an additional unclassified employee position from the civil service commission, or for any substantive change to the duties of an existing unclassified employee position, the department shall notify the subcommittees and the senate and house fiscal agencies. ARMORIES AND JOINT FORCE READINESS Sec. 302. (1) From the funds appropriated in part 1 for military operations, effective and efficient executive direction and administrative leadership shall be provided to the department. (2) The department shall operate and maintain National Guard armories. (3) The department shall evaluate armories and submit a quarterly report on the status of the armories. (4) The department shall maintain a system to measure the condition and adequacy of the armories. (5) The Michigan Army National Guard and Air National Guard shall work to provide a culture that is free of sexual assault, through an environment of prevention, education and training, response capability, victim support, reporting procedures, and appropriate accountability that enhances the safety and well-being of all guard members. (6) By December 1, the department shall report the following information to the subcommittees, the senate and house fiscal agencies, and the state budget office: (a) An assessment of the grounds and facilities of each armory to objectively measure and determine the current facility condition and capability to support authorized manpower, unit training, and operations. (b) Recommendations for the placement of new armories, the relocation or consolidation of existing armories, or a change in the mission of units assigned to armories to ideally position the National Guard in current or projected popu­ lation centers. (c) Recommendations for the enhanced use of armories to facilitate family support programs during deployments. (d) An analysis of the feasibility, potential costs, and benefits of use of armories shared with other local, state, or federal agencies to improve responses to local emergencies as well as the community support provided to armories. (e) An investment strategy and proposed funding amounts in a prioritized project list to correct the most critical facility shortfalls across the inventory of armories in this state. NATIONAL GUARD TRAINING FACILITIES AND AIR BASES Sec. 304. (1) The department shall provide Army and Air National Guard forces, when directed, for state and local emergencies and in support of national military requirements. (2) The department shall operate and maintain Army National Guard training facilities, including Fort Custer and Camp Grayling. (3) The department shall maintain a system that measures the condition and adequacy of air facilities using both quality and functionality criteria. (4) The department shall operate and maintain Air National Guard air bases, including Selfridge Air National Guard base, Battle Creek Air National Guard base, and Alpena combat readiness training center. (5) The department shall provide the following information as provided under section 219: (a) The apportioned and assigned strength of the Michigan Army National Guard. (b) The apportioned and assigned strength of the Michigan Air National Guard. (c) Recruiting, retention, and attrition data, including measurement against stated performance goals, for the Michigan Army National Guard. (d) Recruiting, retention, and attrition data, including measurement against stated performance goals, for the Michigan Air National Guard. Sec. 305. There is hereby created and established under the jurisdiction and control of the department a revolving account to be known as the billeting fund account. All of the fees and other revenues generated from the operation of the chargeable transient quarters program shall be deposited in the billeting fund account. Appropriations will be made from the account for the support of program operations and the maintenance and operations of the chargeable transient quarters program and will not exceed the estimated revenues for the fiscal year in which they are made, together with unexpended balances from prior years. The department shall submit an annual report of operations and expenditures regarding the billeting fund account to the appropriations committees of the senate and house of representatives, the house and senate fiscal agencies, and the state budget office at the end of the fiscal year. MICHIGAN YOUTH CHALLENGE ACADEMY Sec. 307. (1) The department shall maintain the Michigan youth challeNGe academy to provide values, skills, education, and self-discipline instruction for at-risk youth as provided under 32 USC 509. (2) The department shall take steps to recruit candidates to the challeNGe program from economically disadvantaged areas, including those with low-income and high-unemployment backgrounds. (3) The department shall partner with the department of health and human services to identify youth who may be eligible for the challeNGe program from those youth served by department of health and human services programs. These eligible youth shall be given priority for enrollment in the program. (4) The department shall maintain the staffing and resources necessary to train at least 144 cadets simultaneously at the Michigan youth challeNGe academy. 1014 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (5) The department shall ensure that the average grade level increase for Michigan youth challeNGe academy graduates is 2 years as measured with the test adult basic education (TABE) metrics. MILITARY FAMILY RELIEF FUND Sec. 308. (1) The department shall provide grants for disbursement from the military family relief fund, as provided under the military family relief fund act, 2004 PA 363, MCL 35.1211 to 35.1216, and R 200.5 to R 200.95 of the Michigan administrative code. (2) The department shall provide information on the revenues, expenditures for advertising and assistance grants, and fund balance of the Michigan military family relief fund, as provided under section 219. (3) The department shall provide sufficient staffing and other resources to provide outreach to the Michigan families of members of the reserve component of the armed forces called into active duty and to support the processing and approval of at least 60 grant applications this fiscal year under the Michigan military relief fund and report those applications as provided in section 219. STARBASE GRANT Sec. 309. The department shall maintain the starbase program at Air National Guard facilities, as provided under 10 USC 2193b, to improve the knowledge, skills, and interest of students, primarily in the fourth and fifth grades, in math, science, and technology. The starbase program is to specifically target minority and at-risk students for participation. NATIONAL GUARD TUITION ASSISTANCE PROGRAM Sec. 310. (1) The department shall establish and maintain a National Guard tuition assistance program for members of the Michigan Air and Army National Guard. (2) The objective of the National Guard tuition program is to bolster military readiness by increasing recruitment and retention of Michigan Air and Army National Guard service members (and to fill federally authorized strength levels for the state), improve the Michigan Air and Army National Guard’s competitive draw from other military enlistment options in the state, enhance the ability of the Michigan Air and Army National Guard to compete for members and federal dollars with surrounding states, and increase the pool of eligible candidates within the Michigan Air and Army National Guard to become commissioned officers. (3) The department shall make efforts to increase the number of Michigan Air and Army National Guard members participating in the program to 1,000 during the third year of the program’s existence. To evaluate the effectiveness of the program, the department shall monitor the number of new recruits and new reenlistments and the percentage of those who become participants in the program to determine whether the percentage of authorized Michigan Air and Army National Guard strength obtained and retained is competitive in comparison with the neighboring air and army national guards from the states of Illinois, Indiana, Ohio, and Wisconsin. INFORMATION TECHNOLOGY SERVICES AND PROJECTS Sec. 311. The funds appropriated in part 1 for information technology services and projects shall be used as a pass through via an IDG to the department of technology, management, and budget for technology services, including maintenance and repair services, and technology projects, to maximize the operational efficiency and effectiveness of the department. MICHIGAN VETERANS AFFAIRS AGENCY MICHIGAN VETERANS AFFAIRS AGENCY ADMINISTRATION Sec. 400. (1) The MVAA agency shall provide outreach services to Michigan veterans that advise them on the benefits to which they are entitled, as provided under Executive Reorganization Order No. 2013-2, MCL 32.92. The MVAA shall also do the following: (a) Maintain the staffing partnerships and other resources necessary to develop and operate an outreach program that will communicate benefit eligibility information to at least 50% of Michigan’s population of veterans, as assessed by annual census estimates, with a goal of reaching 100% and enabling 100% to access benefit information online. (b) Communicate veteran benefit information pertaining to the Michigan military family relief fund, Michigan veterans’ trust fund, and USDVA health, financial, and memorial benefits to which they are entitled. (c) Provide sufficient staffing and other resources to approve requests for military discharge certificates (DD-214) annually. (d) Continue the process to digitize all medical records, military discharge documents, and burial records that are currently on paper and microfilm. (e) Provide a report, as provided under section 219, on the MVAA’s performance on the performance measures, outcomes, and initiatives developed by the agency in the strategic plan required by section 501 of 2013 PA 9. (f) Provide a report to the subcommittees, senate and house fiscal agencies, and the state budget office no later than April 1 providing for the following: (i) To the extent known, data on the estimated number of homeless veterans, by county, in this state. (ii) A summary of the activities and strategies developed to date under the MVAA community assessment and regional service delivery model pilot. (2) From the funds appropriated in part 1, the MVAA shall provide for the regional coordination of services, as follows: (a) Regional coordinators shall be selected by the MVAA through a grant agreement with VSOs or by other means. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1015 (b) Regional coordinators shall provide the following services: (i) Coordinate veteran benefit counselors’ efforts throughout a specified region. (ii) Coordinate services with the department of health and human services and the department of corrections. (iii) Coordinate with regional workforce and economic development agencies. (iv) Coordinate activities among local foundations, nonprofit organizations, and community groups to improve accessibility, enrollment, and utilization of the array of health care, education, employment assistance, and quality of life services provided at the local level. (c) The MVAA may work with MVAA service officers, regional coordinators, county veteran counselors, VSO service officers, and other service providers to incorporate the provision of information relating to mental health care resources into their daily operations to aid veterans in understanding the mental health care support services they may be eligible to receive. (d) The MVAA shall coordinate with the department of health and human services to identify Medicaid recipients who are veterans and who may be eligible for federal veterans health care benefits or other benefits, to the extent that the identification does not violate applicable confidentiality requirements. (e) The MVAA shall collaborate with the department of corrections to create and maintain a process by which prisoners can obtain a copy of their DD-214 form or other military discharge documentation if necessary. (f) The MVAA shall ensure that all MVAA service officers, VSO service officers, and regional coordinators receive appro­priate training in processing applications for benefits payable to veterans due to military sexual trauma, posttraumatic stress disorder, depression, anxiety, substance abuse, or other mental health issues. (3) The MVAA shall provide claims processing services to Michigan veterans in support of benefit claims submitted to the USDVA for the health, financial, and memorial benefits for which they are eligible, and shall do all of the following: (a) Report the following information as provided in section 219: (i) The number of benefit claims, by type, submitted to the USDVA by MVAA and coalition partner veteran service officers. (ii) The number of fully developed claims, submitted to the USDVA, with an overall goal of 40% of benefit claims submitted that are considered fully developed by the USDVA. (b) Maintain the staffing and resources necessary to process a minimum of 500 claims per year. (4) The MVAA shall maintain staffing and resources necessary to develop and implement a process to ensure that all county counselors receive the training and accreditation necessary to provide quality services to our veterans. The MVAA shall report information as provided in section 219 on the number and percentage of county veterans counselors requesting training by the MVAA, with an overall goal of 100% of county veterans counselors trained. (5) From the funds appropriated in part 1 for MVAA operations, the MVAA shall provide grant assistance to enhance the capacity and capabilities of counties in providing benefit claims assistance. These funds shall be used to continue the implementation of an Internet-based data system, to increase the number of county veterans counselors, and to increase the number of counties that provide service to veterans through county veterans counselors. The MVAA shall provide a report, as provided in section 219, on the expenditures and activities of the grant funds directed by this subsection. (6) From the funds appropriated in part 1 for MVAA, the MVAA is authorized to expend up to $50,000.00 to hire legal services to represent veterans benefit cases before federal court to maintain accreditation under 38 CFR 14.628(d)(1)(iv). VETERANS SERVICE ORGANIZATION GRANTS Sec. 406. (1) The MVAA shall disburse VSO grants to assist them to achieve agency goals and performance objectives in partnership with the VSOs. Grants to VSOs will be disbursed to fund programs and projects which are determined by the agency to meet agency performance objectives and ensure that VSOs communicate the availability of emergency grants through the Michigan veterans’ trust fund. In disbursing veterans service organization grants, the MVAA shall do the following: (a) Ensure that each VSO that receives grants is issued performance standards. (b) Ensure that each VSO that receives grant funds uses those funds for veterans advocacy and outreach. (c) Monitor the performance of each VSO that receives grants. (2) Veterans service organization grants awarded by the MVAA shall provide for the following, as developed by the MVAA: (a) The provision of service to veterans statewide, using a regional service delivery model, with services provided at specified locations and times, including service provided in state correctional facilities. (b) The payment of a fixed hourly service rate. (c) A specified number of service hours within each geographic region of this state, with a statewide goal of at least 116,500 hours, including service hours provided to eligible incarcerated veterans within 1 year of their earliest release date. (d) Use of an MVAA-designated Internet-based claims data system. (3) The MVAA shall report the following information as provided in section 219: (a) A summary of activities supported through the appropriation in part 1 for veterans service organization grants, including separately for each service region, the amount of expenditures to date, number of service hours, number of claims for benefits submitted by type of claim, and other information deemed appropriate by the MVAA. 1016 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (b) The number of fully developed claims, by type, submitted to the USDVA by veterans service organizations, with an overall goal of 40% of benefit claims submitted that are considered fully developed by the USDVA. VETERANS’ TRUST FUND ADMINISTRATION Sec. 407. (1) The Michigan veterans’ trust fund board together with the MVAA shall provide emergency grants for disbursement from the Michigan veterans’ trust fund, as provided under the following program authorities: (a) Sections 37, 38, and 39 of article IX of the state constitution of 1963. (b) 1946 (1st Ex Sess) PA 9, MCL 35.602 to 35.610. (c) R 35.1 to R 35.7 of the Michigan administrative code. (d) R 35.621 to R 35.623 of the Michigan administrative code. (2) No later than December 1, the MVAA shall provide a detailed report of the Michigan veterans’ trust fund that includes, for the prior fiscal year, information on grants provided from the emergency grant program, including details concerning the methodology of allocations, the selection of emergency grant program authorized agents, a description of how the emergency grant program is administered in each county, and a detailed breakdown of trust fund expenditures for that year, including the amount distributed to each county for administrative costs and emergency grants. The report shall also include the number of approved applications, by category of assistance, and the number of denied applications, by reason of denial. The report shall also provide an update on the department’s efforts to reduce program administrative costs and maintain the Michigan veterans’ trust fund corpus to its original amount of at least $50,000,000.00. (3) It is the intent of the legislature that from the funds appropriated in part 1 to the Michigan veterans agency administration, Michigan veterans’ trust fund administration, up to $550,000.00 shall be expended on administration costs; up to $400,000.00 shall be expended on establishing a system to apply for grants through an Internet website, including posting all relevant information and documentation needed for submitting a formal application electronically; and up to $450,000.00 shall be expended on implementation of a regional office model. Any funds not expended or encumbered at the end of the current fiscal year shall be deposited into the Michigan veterans’ trust fund corpus. VETERANS’ TRUST FUND GRANTS Sec. 408. (1) The MVAA shall provide a report, as provided under section 219, on the financial status of the Michigan veterans’ trust fund, including the number and amount of emergency grants, state administrative expenses, and county administrative expenses. (2) The Michigan veterans’ trust fund board together with the agency shall maintain the staffing and resources necessary to process a minimum of 2,000 applications for veterans’ trust fund emergency grants. GRAND RAPIDS HOME FOR VETERANS Sec. 501. (1) The MVAA and the board of managers shall provide compassionate and quality nursing and domiciliary care services at the Grand Rapids home for veterans so that members can achieve their highest potential of wellness, independence, self-worth, and dignity. (2) The department shall provide resources necessary to provide nursing care services to veterans in accordance with federal standards, including the following: (a) A licensed minimum number of 403 residents in skilled nursing beds at the Grand Rapids home for veterans. (b) A licensed minimum number of 72 residents in domiciliary beds at the Grand Rapids home for veterans. (3) Appropriations in part 1 for the Grand Rapids home for veterans shall not be used for any purpose other than for veterans and veterans’ families. (4) Any contractor providing competency evaluated nursing assistants (CENA) to the Grand Rapids home for veterans shall ensure that each CENA has at least 8 hours of training on information provided by the home. (5) Any contractor providing competency evaluated nursing assistants to the Grand Rapids home for veterans shall ensure that each CENA has at least 1 eight-hour shift of shadowing at the veterans’ home. (6) Any contractor providing competency evaluated nursing assistants to the Grand Rapids home for veterans shall ensure that each CENA is competent in the basic skills needed to perform his or her assigned duties at the home. (7) Any contractor providing competency evaluated nursing assistants to the Grand Rapids home for veterans shall ensure that each CENA has at least 1 year of experience in long-term care. (8) The Grand Rapids home for veterans shall provide each CENA at least 12 hours of in-service training once that individual has been assigned to the home. (9) All complaints of abusive or neglectful care at the Grand Rapids home for veterans by a resident member, a resident member’s family or legal guardian, or staff of the veterans’ home, received by a supervisor shall be referred to the director of nursing upon receipt of such complaint. The director of nursing shall report on not less than a monthly basis, except that the board of managers may specify a more frequent reporting period, to the home administrator, board of managers, agency, subcommittees, the senate and house fiscal agencies, and the state budget office the following information: (a) A description of the process by which resident members and others may file complaints of alleged abuse or neglect at the Grand Rapids home for veterans. (b) Summary statistics on the number and general nature of complaints of abuse or neglect. (c) Summary statistics on the final disposition of complaints of abuse or neglect received. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1017 (10) The Grand Rapids home for veterans shall provide an on-site, board-certified psychiatrist for all resident members with mental health disorders in order to ensure that those resident members receive needed services in a professional and timely manner. The Grand Rapids home for veterans shall provide all members and staff a safe and secure environment. (11) The Grand Rapids home for veterans shall ensure that it effectively develops, executes, and monitors all comprehensive care plans in accordance with federal regulations and its internal policies, with a goal that a comprehensive care plan is fully developed for all resident members. (12) The Grand Rapids home for veterans shall implement controls over its food, maintenance supplies, and medical supplies inventories. (13) The Grand Rapids home for veterans shall implement controls over its pharmaceutical inventory. (14) The Grand Rapids home for veterans shall establish sufficient controls for calculating resident member main­ tenance assessments in order to accurately calculate resident member maintenance assessments for each billing cycle. The Grand Rapids home for veterans shall establish sufficient controls to ensure that all past due resident member maintenance assessments are addressed within 30 days. (15) The Grand Rapids home for veterans shall establish sufficient controls over monetary donations and donated goods. (16) The Grand Rapids home for veterans shall implement sufficient controls over the handling of resident member funds to ensure the release of funds within 3 business days upon the resident member leaving the home and to ensure that a representative of a resident member is provided a full accounting of that resident member’s funds within 10 business days of the death of that resident member. (17) The MVAA shall post on its website all policies adopted by the board of managers and the home related to the administrative operations of the home. (18) The process by which visitors, residents, and employees of the Grand Rapids home for veterans may register complaints shall be displayed in high-traffic areas throughout the home. (19) The MVAA shall report its findings regarding the Grand Rapids home for veterans’ compliance with the require­ ments and standards under this section as provided in section 219. The quarterly reports shall include, but are not limited to, the following information: (a) The number of patient care hours and staffing levels measured against USDVA-VHA standards. (b) The number and dollar value of lost and discarded prescriptions and the number of early prescription refills. (c) An accounting of resident member populations at the Grand Rapids home for veterans by period of service, by gender, by care setting, and by bed space available. (d) The financial status of the Grand Rapids home for veterans, including an accounting of post and posthumous funds, donations, and state-appropriated funds. (e) Information regarding assessments, reassessments, and admissions at the Grand Rapids home for veterans. (f) The number of volunteer hours at the Grand Rapids home for veterans. (20) The Grand Rapids home for veterans shall provide to the subcommittees, the senate and house fiscal agencies, and the state budget office the results of any annual or for-cause survey conducted by the USDVA-VHA and any corresponding corrective action plan. This information shall also be made available publicly through the department’s or MVAA’s website. BOARD OF MANAGERS (GRAND RAPIDS) Sec. 502. The board of managers shall exercise certain regulatory and governance authority regarding admission and member affairs at the Grand Rapids home for veterans. The board of managers shall also work to represent the interest of the veterans’ community in both advisory and advocacy roles. D.J. JACOBETTI HOME FOR VETERANS Sec. 503. (1) The MVAA and the board of managers shall provide compassionate and quality nursing and domiciliary care services at the D.J. Jacobetti home for veterans so that members can achieve their highest potential of wellness, independence, self-worth, and dignity. (2) The department shall provide resources necessary to provide adequate nursing care services to veterans in accordance with federal standards, including the following: (a) A licensed minimum number of 158 residents in skilled nursing beds at the D.J. Jacobetti home for veterans. (b) A licensed minimum number of 11 residents in domiciliary beds at the D.J. Jacobetti home for veterans. (3) Appropriations in part 1 for the D.J. Jacobetti home for veterans shall not be used for any purpose other than for veterans and veterans’ families. (4) Any contractor providing competency evaluated nursing assistants (CENA) to the D.J. Jacobetti home for veterans shall ensure that each CENA has at least 8 hours of training on information provided by the home. (5) Any contractor providing competency evaluated nursing assistants to the D.J. Jacobetti home for veterans shall ensure that each CENA has at least 1 eight-hour shift of shadowing at the home. (6) Any contractor providing competency evaluated nursing assistants to the D.J. Jacobetti home for veterans shall ensure that each CENA is competent in the basic skills needed to perform his or her assigned duties at the home. 1018 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (7) Any contractor providing competency evaluated nursing assistants to the D.J. Jacobetti home for veterans shall ensure that each CENA has at least 1 year of experience in long-term care. (8) The D.J. Jacobetti home for veterans shall provide each CENA at least 12 hours of in-service training once that individual has been assigned to the home. (9) All complaints of abusive or neglectful care at the D.J. Jacobetti home for veterans by a resident member, a resident member’s family or legal guardian, or staff of the home, received by a supervisor shall be referred to the director of nursing upon receipt of such complaint. The director of nursing shall report on not less than a monthly basis, except that the board of managers may specify a more frequent reporting period, to the home administrator, board of managers, agency, subcommittees, the senate and house fiscal agencies, and the state budget office the following information: (a) A description of the process by which resident members and others may file complaints of alleged abuse or neglect at the D.J. Jacobetti home for veterans. (b) Summary statistics on the number and the general nature of complaints of abuse or neglect. (c) Summary statistics on the final disposition of complaints of abuse or neglect received. (10) The MVAA shall post on its website all policies adopted by the board of managers and the home related to the operations of the home. (11) The process by which visitors, residents, and employees of the D.J. Jacobetti home for veterans may register complaints shall be displayed in high-traffic areas throughout the home. (12) The MVAA shall report the following, as provided under section 219: (a) An accounting of resident member populations at the D.J. Jacobetti home for veterans by period of service, by gender, by care setting, and by bed space available. (b) The financial status of the D.J. Jacobetti home for veterans, including an accounting of post and posthumous funds, donations, and state-appropriated funds. (c) Information regarding assessments, reassessments, and admissions at the D.J. Jacobetti home for veterans. (d) The number of volunteer hours at the D.J. Jacobetti home for veterans. (13) The D.J. Jacobetti home for veterans shall provide to the subcommittees and the senate and house fiscal agencies the results of any annual or for-cause survey conducted by the USDVA-VHA and any corresponding corrective action plan. This information shall also be made available publicly through the department’s or MVAA’s website. BOARD OF MANAGERS (JACOBETTI) Sec. 504. The board of managers shall exercise certain regulatory and governance authority regarding admission and member affairs at the D.J. Jacobetti home for veterans. The board of managers shall also work to represent the interest of the veterans’ community in both advisory and advocacy roles. CAPITAL OUTLAY SPECIAL MAINTENANCE - NATIONAL GUARD Sec. 601. (1) The appropriations in part 1 for special maintenance – National Guard shall be carried forward at the end of the fiscal year consistent with section 248 of the management and budget act, 1984 PA 431, MCL 18.1248. (2) The appropriations for special maintenance – National Guard shall be expended in accordance with the requirements of sections 302 and 304 and shall be expended according to the maintenance priorities of the department to repair and modernize military training sites and support facilities, including armories, which may include projects such as roof, HVAC, or boiler replacement, interior renovations, facility expansion, improvements to parking facilities, and other projects. (3) The department shall provide a quarterly report as provided under section 219 providing information on the status, projected costs, and projected completion date of current and planned special maintenance projects at the armories and other National Guard facilities funded from capital outlay appropriations made in part 1 and in prior appropriations years. SPECIAL MAINTENANCE - VETERANS’ HOMES Sec. 603. (1) The appropriations in part 1 for special maintenance – veterans’ homes shall be carried forward at the end of the fiscal year consistent with section 248 of the management and budget act, 1984 PA 431, MCL 18.1248. (2) The appropriations for special maintenance – veterans’ homes shall be expended in accordance with the requirements of sections 501 and 503 and shall be expended according to the maintenance priorities of the department to repair and modernize the state’s veterans’ homes, which may include projects such as roof, HVAC, or boiler replacement, interior renovations, facility expansion, improvements to parking facilities, and other projects designed to enhance the quality of life and medical care of members. (3) The MVAA shall provide a quarterly report as provided under section 219 providing information on the status, projected costs, and projected completion date of current and planned special maintenance projects at the Grand Rapids home for veterans and D.J. Jacobetti home for veterans funded from capital outlay appropriations made in part 1 and in prior appropriations years. LAND AND ACQUISITIONS Sec. 604. (1) The department shall provide for the acquisition and disposition of National Guard armories, facilities, and lands as provided under sections 368, 382, and 382a of the Michigan military act, 1967 PA 150, MCL 32.768, 32.782, and 32.782a. (2) The department shall provide a listing of property sales and acquisitions as provided under section 219. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1019 ONE-TIME APPROPRIATIONS SPECIAL MAINTENANCE - NATIONAL GUARD Sec. 701. (1) The one-time appropriations in part 1 for special maintenance – National Guard shall be carried forward at the end of the fiscal year consistent with section 248 of the management and budget act, 1984 PA 431, MCL 18.1248. (2) The one-time appropriations for special maintenance – National Guard shall be expended in accordance with the requirements of sections 302 and 304 and shall be expended according to the maintenance priorities of the department to repair and modernize military training sites and support facilities, including armories, which may include projects such as roof, HVAC, or boiler replacement, interior renovations, facility expansion, improvements to parking facilities, and other projects. (3) The department shall provide a quarterly report as provided under section 219 providing information on the status, projected costs, and projected completion date of current and planned special maintenance projects at the armories and other National Guard facilities funded from one-time appropriations made in part 1. PART 2A PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS FOR FISCAL YEAR 2016-2017 GENERAL SECTIONS Sec. 1201. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2017 for the line items listed in part 1. The fiscal year 2016-2017 appropriations are anticipated to be the same as those for fiscal year 2015-2016, excluding appropriations designated as one-time appropriations and adjusting for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2016 consensus revenue estimating conference. Sec. 1202. The veterans affairs agency shall provide the percentage of Michigan veterans contacted, with a goal of 100%, and report upon those outreach findings to the subcommittees at quarterly legislative hearings. Sec. 1203. The veterans affairs agency shall maintain a minimum 50% fully developed claims as determined by the USDVA. PART 2B PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2014-2015 GENERAL SECTIONS Sec. 2201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1B for fiscal year 2014-2015 is $0.00 and state spending from state resources to be paid to local units of government for fiscal year 2014-2015 is $0.00. Sec. 2202. The appropriations authorized under this part and part 1B are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. Sec. 2203. The unexpended funds appropriated in part 1 for the Michigan Youth ChalleNGe Academy/Job ChalleNGe Program are considered work project appropriations, and any unencumbered or unallotted funds are carried forward into the succeeding fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the project to be carried forward is to implement the Michigan Youth ChalleNGe Academy/Job ChalleNGe Program and prepare participants to obtain employment in the manufacturing and industrial trades. (b) The project will be accomplished by the department. (c) The total estimated project completion cost is $4,995,700.00. (d) The estimated completion date is September 30, 2018. ARTICLE XV DEPARTMENT OF NATURAL RESOURCES PART 1 LINE-ITEM APPROPRIATIONS Sec. 101. There is appropriated for the department of natural resources for the fiscal year ending September 30, 2016, from the following funds: DEPARTMENT OF NATURAL RESOURCES APPROPRIATION SUMMARY Full-time equated unclassified positions............................................................................. 6.0 Full-time equated classified positions.......................................................................... 2,229.8 GROSS APPROPRIATION.......................................................................................................... $ 404,001,200 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 1,352,700 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 402,648,500 Federal revenues: Total federal revenues................................................................................................................... 77,128,000 1020 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 For Fiscal Year Ending Sept. 30, 2016 Special revenue funds: Total private revenues................................................................................................................... $ 8,157,700 Total other state restricted revenues............................................................................................. 277,765,000 State general fund/general purpose.............................................................................................. $ 39,597,800 State general fund/general purpose schedule: Ongoing state general fund/general purpose.......................................................... 38,522,800 One-time state general fund/general purpose........................................................... 1,075,000 FUND SOURCE SUMMARY Full-time equated unclassified positions............................................................................. 6.0 Full-time equated classified positions.......................................................................... 2,229.8 GROSS APPROPRIATION.......................................................................................................... $ 404,001,200 Interdepartmental grant revenues: IDG, land acquisition services-to-work orders............................................................................. 228,700 IDG, MacMullan conference center revenue................................................................................ 1,124,000 Total interdepartmental grants and intradepartmental transfers................................................... 1,352,700 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 402,648,500 Federal revenues: Federal funds................................................................................................................................ 77,128,000 Total federal revenues................................................................................................................... 77,128,000 Special revenue funds: Private - Mann house trust fund................................................................................................... 15,000 Private funds................................................................................................................................. 8,142,700 Total private revenues................................................................................................................... 8,157,700 Cervidae licensing and inspection fees........................................................................................ 136,700 Clean Michigan initiative fund..................................................................................................... 29,200 Commercial forest fund................................................................................................................ 26,100 Environmental protection fund..................................................................................................... 5,000,000 Fire equipment fund..................................................................................................................... 662,900 Forest development fund.............................................................................................................. 43,416,400 Forest land user charges............................................................................................................... 280,900 Forest recreation account.............................................................................................................. 1,672,900 Game and fish protection fund..................................................................................................... 77,603,700 Game and fish protection fund - deer habitat reserve.................................................................. 2,107,200 Game and fish protection fund - fisheries settlement.................................................................. 1,045,700 Game and fish protection fund - turkey permit fees.................................................................... 1,002,700 Game and fish protection fund - waterfowl fees.......................................................................... 157,700 Game and fish protection fund - wildlife management public education fund............................ 1,600,000 Game and fish protection fund - wildlife resource protection fund............................................. 1,116,700 Game and fish protection fund - youth hunting and fishing education and outreach fund......... 96,000 History fees fund.......................................................................................................................... 229,000 Invasive species fund.................................................................................................................... 30,300 Land exchange facilitation fund................................................................................................... 6,093,500 Local public recreation facilities fund.......................................................................................... 1,589,700 Mackinac Island State Park fund.................................................................................................. 1,844,500 Mackinac Island State Park operation fund.................................................................................. 192,400 Marine safety fund....................................................................................................................... 3,139,000 Michigan heritage publications fund............................................................................................ 38,600 Michigan natural resources trust fund.......................................................................................... 1,253,900 Michigan state parks endowment fund......................................................................................... 32,125,700 Michigan state waterways fund.................................................................................................... 22,007,200 Michigan trailways fund............................................................................................................... 15,300 Museum operations fund.............................................................................................................. 497,300 Nongame wildlife fund................................................................................................................. 496,800 Off-road vehicle safety education fund........................................................................................ 201,900 Off-road vehicle trail improvement fund...................................................................................... 7,005,100 Park improvement fund................................................................................................................ 46,761,400 No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1021 For Fiscal Year Ending Sept. 30, 2016 Park improvement fund - Belle Isle subaccount.......................................................................... $ 1,000,000 Permanent snowmobile trail easement fund................................................................................. 700,000 Public use and replacement deed fees.......................................................................................... 30,700 Recreation improvement account................................................................................................. 1,013,300 Recreation passport fees............................................................................................................... 5,241,500 Snowmobile registration fee revenue........................................................................................... 1,240,700 Snowmobile trail improvement fund............................................................................................ 8,982,300 Sportsmen against hunger fund.................................................................................................... 76,600 Underwater preservation fund...................................................................................................... 3,500 Total other state restricted revenues............................................................................................. 277,765,000 State general fund/general purpose.............................................................................................. $ 39,597,800 Sec. 102. EXECUTIVE OPERATIONS Full-time equated unclassified positions............................................................................. 6.0 Full-time equated classified positions............................................................................... 11.6 Natural resources commission...................................................................................................... $ 77,100 Unclassified salaries—6.0 FTE positions..................................................................................... 735,600 Executive direction—11.6 FTE positions..................................................................................... 2,104,900 GROSS APPROPRIATION.......................................................................................................... $ 2,917,600 Appropriated from: Special revenue funds: Forest development fund.............................................................................................................. 366,100 Forest land user charges............................................................................................................... 5,000 Forest recreation account.............................................................................................................. 12,200 Game and fish protection fund..................................................................................................... 1,017,400 Game and fish protection fund - deer habitat reserve.................................................................. 19,600 Game and fish protection fund - turkey permit fees.................................................................... 8,300 Game and fish protection fund - waterfowl fees.......................................................................... 300 Game and fish protection fund - wildlife resource protection fund............................................. 12,300 Land exchange facilitation fund................................................................................................... 19,600 Marine safety fund....................................................................................................................... 32,300 Michigan natural resources trust fund.......................................................................................... 1,400 Michigan state parks endowment fund......................................................................................... 408,000 Michigan state waterways fund.................................................................................................... 180,700 Nongame wildlife fund................................................................................................................. 5,200 Off-road vehicle safety education fund........................................................................................ 500 Off-road vehicle trail improvement fund...................................................................................... 81,200 Park improvement fund................................................................................................................ 439,500 Recreation improvement account................................................................................................. 2,100 Snowmobile registration fee revenue........................................................................................... 12,200 Snowmobile trail improvement fund............................................................................................ 14,400 Sportsmen against hunger fund.................................................................................................... 100 State general fund/general purpose.............................................................................................. $ 279,200 Sec. 103. DEPARTMENT INITIATIVES Full-time equated classified positions............................................................................... 16.0 Great Lakes restoration initiative................................................................................................. $ 5,500,000 Michigan conservation corps........................................................................................................ 1,000,000 Invasive species prevention and control—16.0 FTE positions..................................................... 4,997,000 GROSS APPROPRIATION.......................................................................................................... $ 11,497,000 Appropriated from: Federal revenues: Federal funds................................................................................................................................ 5,500,000 Special revenue funds: State general fund/general purpose.............................................................................................. $ 5,997,000 Sec. 104. DEPARTMENT SUPPORT SERVICES Full-time equated classified positions............................................................................. 108.5 Finance and operations—104.5 FTE positions............................................................................. $ 17,551,700 1022 JOURNAL OF THE SENATE [June 3, 2015] Accounting service center............................................................................................................ $ Legislative and legal affairs—4.0 FTE positions......................................................................... Building occupancy charges......................................................................................................... Rent - privately owned property................................................................................................... Gifts and pass-through transactions............................................................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG, land acquisition services-to-work orders............................................................................. Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Private funds................................................................................................................................. Clean Michigan initiative fund..................................................................................................... Forest development fund.............................................................................................................. Forest land user charges............................................................................................................... Forest recreation account.............................................................................................................. Game and fish protection fund..................................................................................................... Game and fish protection fund - deer habitat reserve.................................................................. Game and fish protection fund - turkey permit fees.................................................................... Game and fish protection fund - waterfowl fees.......................................................................... Game and fish protection fund - wildlife resource protection fund............................................. Land exchange facilitation fund................................................................................................... Local public recreation facilities fund.......................................................................................... Marine safety fund....................................................................................................................... Michigan natural resources trust fund.......................................................................................... Michigan state parks endowment fund......................................................................................... Michigan state waterways fund.................................................................................................... Nongame wildlife fund................................................................................................................. Off-road vehicle safety education fund........................................................................................ Off-road vehicle trail improvement fund...................................................................................... Park improvement fund................................................................................................................ Public use and replacement deed fees.......................................................................................... Recreation improvement account................................................................................................. Snowmobile registration fee revenue........................................................................................... Snowmobile trail improvement fund............................................................................................ Sportsmen against hunger fund.................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 105. COMMUNICATION AND CUSTOMER SERVICES Full-time equated classified positions............................................................................. 133.3 Marketing and outreach—81.8 FTE positions.............................................................................. $ Michigan historical center—36.5 FTE positions.......................................................................... Archives—8.0 FTE positions....................................................................................................... Museum stores—6.0 FTE positions............................................................................................. Special programs (Mann house)—1.0 FTE position.................................................................... Michigan wildlife council............................................................................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Private - Mann house trust fund................................................................................................... Private funds................................................................................................................................. Forest development fund.............................................................................................................. Forest recreation account.............................................................................................................. Game and fish protection fund..................................................................................................... [No. 52 For Fiscal Year Ending Sept. 30, 2016 1,450,400 540,900 2,845,900 488,400 5,000,000 27,877,300 228,700 232,000 5,000,000 29,200 2,381,700 11,400 51,700 6,545,800 138,400 73,800 2,700 26,500 5,943,100 89,700 440,000 1,230,500 1,002,400 535,100 20,200 500 85,100 1,214,400 30,700 11,200 64,400 86,500 400 2,401,200 14,566,400 4,119,200 872,600 497,300 25,500 1,600,000 21,681,000 1,610,300 15,000 389,700 130,200 16,200 9,549,400 No. 52] [June 3, 2015] JOURNAL OF THE SENATE Game and fish protection fund - wildlife management public education fund............................ $ Game and fish protection fund - youth hunting and fishing education and outreach fund......... History fees fund.......................................................................................................................... Land exchange facilitation fund................................................................................................... Marine safety fund....................................................................................................................... Michigan heritage publications fund............................................................................................ Michigan state parks endowment fund......................................................................................... Michigan state waterways fund.................................................................................................... Museum operations fund.............................................................................................................. Nongame wildlife fund................................................................................................................. Off-road vehicle trail improvement fund...................................................................................... Park improvement fund................................................................................................................ Recreation passport fees............................................................................................................... Snowmobile registration fee revenue........................................................................................... Snowmobile trail improvement fund............................................................................................ Sportsmen against hunger fund.................................................................................................... Underwater preservation fund...................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 106. WILDLIFE MANAGEMENT Full-time equated classified positions............................................................................. 226.5 Wildlife management—210.5 FTE positions............................................................................... $ Natural resources heritage—9.0 FTE positions............................................................................ State game and wildlife area maintenance—7.0 FTE positions................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Private funds................................................................................................................................. Cervidae licensing and inspection fees........................................................................................ Forest development fund.............................................................................................................. Game and fish protection fund..................................................................................................... Game and fish protection fund - deer habitat reserve.................................................................. Game and fish protection fund - turkey permit fees.................................................................... Game and fish protection fund - waterfowl fees.......................................................................... Nongame wildlife fund................................................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 107. FISHERIES MANAGEMENT Full-time equated classified positions............................................................................. 221.5 Aquatic resource mitigation—2.0 FTE positions......................................................................... $ Fish production—63.0 FTE positions.......................................................................................... Fisheries resource management—156.5 FTE positions................................................................ Cormorant population mitigation program................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Private funds................................................................................................................................. Game and fish protection fund..................................................................................................... Game and fish protection fund - fisheries settlement.................................................................. Invasive species fund.................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 108. LAW ENFORCEMENT Full-time equated classified positions............................................................................. 273.0 General law enforcement—273.0 FTE positions......................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ 1023 For Fiscal Year Ending Sept. 30, 2016 1,600,000 92,500 229,000 45,300 35,100 38,600 87,700 144,800 497,300 10,400 30,600 2,558,900 23,500 19,100 44,600 75,500 3,500 4,433,800 36,026,500 622,400 1,224,200 37,873,100 20,826,200 311,000 84,100 76,500 11,647,200 1,684,700 883,500 152,000 421,800 1,786,100 976,000 10,041,700 20,546,600 150,000 31,714,300 11,047,700 133,800 19,152,000 945,700 30,300 404,800 40,554,400 40,554,400 1024 JOURNAL OF THE SENATE [June 3, 2015] Appropriated from: Federal revenues: Federal funds................................................................................................................................ $ Special revenue funds: Cervidae licensing and inspection fees........................................................................................ Forest development fund.............................................................................................................. Forest recreation account.............................................................................................................. Game and fish protection fund..................................................................................................... Game and fish protection fund - wildlife resource protection fund............................................. Marine safety fund....................................................................................................................... Michigan state parks endowment fund......................................................................................... Michigan state waterways fund.................................................................................................... Off-road vehicle safety education fund........................................................................................ Off-road vehicle trail improvement fund...................................................................................... Park improvement fund................................................................................................................ Snowmobile registration fee revenue........................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 109. PARKS AND RECREATION DIVISION Full-time equated classified positions............................................................................. 902.9 MacMullan conference center—15.0 FTE positions.................................................................... $ Recreational boating—163.5 FTE positions................................................................................. State parks—673.4 FTE positions................................................................................................ Forest recreation and trails—51.0 FTE positions......................................................................... State parks improvement revenue bonds - debt service............................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG, MacMullan conference center revenue................................................................................ Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Private funds................................................................................................................................. Forest recreation account.............................................................................................................. Michigan state parks endowment fund......................................................................................... Michigan state waterways fund.................................................................................................... Michigan trailways fund............................................................................................................... Off-road vehicle safety education fund........................................................................................ Off-road vehicle trail improvement fund...................................................................................... Park improvement fund................................................................................................................ Park improvement fund - Belle Isle subaccount.......................................................................... Recreation improvement account................................................................................................. Recreation passport fees............................................................................................................... Snowmobile registration fee revenue........................................................................................... Snowmobile trail improvement fund............................................................................................ State general fund/general purpose.............................................................................................. $ Sec. 110. MACKINAC ISLAND STATE PARK COMMISSION Full-time equated classified positions............................................................................... 17.0 Historical facilities system—13.0 FTE positions......................................................................... $ Mackinac Island State Park operations—4.0 FTE positions........................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Mackinac Island State Park fund.................................................................................................. Mackinac Island State Park operation fund.................................................................................. State general fund/general purpose.............................................................................................. $ [No. 52 For Fiscal Year Ending Sept. 30, 2016 6,359,800 52,600 44,600 71,500 19,756,800 1,038,200 1,316,600 70,100 21,300 153,200 1,663,000 71,500 708,800 9,226,400 1,124,000 17,154,700 64,232,800 5,966,100 1,178,800 89,656,400 1,124,000 1,721,800 421,200 1,466,500 20,462,800 16,041,100 15,200 7,200 1,767,500 41,176,600 1,000,000 328,000 268,000 15,500 1,429,000 2,412,000 1,844,500 392,500 2,237,000 1,844,500 192,400 200,100 No. 52] [June 3, 2015] JOURNAL OF THE SENATE Sec. 111. FOREST RESOURCES DIVISION Full-time equated classified positions............................................................................. 319.5 Adopt-a-forest program................................................................................................................ $ Cooperative resource programs—11.0 FTE positions.................................................................. Forest management and timber market development—169.0 FTE positions............................... Forest fire equipment.................................................................................................................... Wildfire protection—114.0 FTE positions................................................................................... Forest management initiatives—8.5 FTE positions...................................................................... Minerals management—17.0 FTE positions................................................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Private funds................................................................................................................................. Commercial forest fund................................................................................................................ Fire equipment fund..................................................................................................................... Forest development fund.............................................................................................................. Forest land user charges............................................................................................................... Game and fish protection fund..................................................................................................... Michigan state parks endowment fund......................................................................................... Michigan state waterways fund.................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 112. GRANTS Dam management grant program................................................................................................. $ Deer habitat improvement partnership initiative.......................................................................... Federal - clean vessel act grants.................................................................................................. Federal - forest stewardship grants............................................................................................... Federal - land and water conservation fund payments................................................................. Federal - rural community fire protection.................................................................................... Federal - urban forestry grants..................................................................................................... Fisheries habitat improvement grants........................................................................................... Grants to communities - federal oil, gas, and timber payments.................................................. Grants to counties - marine safety............................................................................................... National recreational trails........................................................................................................... Nonmotorized trail development and maintenance grants........................................................... Off-road vehicle safety training grants......................................................................................... Off-road vehicle trail improvement grants................................................................................... Recreation improvement fund grants............................................................................................ Recreation passport local grants................................................................................................... Snowmobile law enforcement grants............................................................................................ Snowmobile local grants program................................................................................................ Trail easements............................................................................................................................. Wildlife habitat improvement grants............................................................................................ Wildlife habitat improvement grants in state forests.................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Private funds................................................................................................................................. Game and fish protection fund..................................................................................................... Game and fish protection fund - deer habitat reserve.................................................................. Local public recreation facilities fund.......................................................................................... Marine safety fund....................................................................................................................... Off-road vehicle safety education fund........................................................................................ 1025 For Fiscal Year Ending Sept. 30, 2016 25,000 1,526,100 29,108,100 431,500 13,513,700 836,400 2,775,200 48,216,000 4,200,400 1,037,000 24,100 662,900 28,740,100 226,200 2,391,000 2,608,900 50,100 8,275,300 350,000 200,000 400,000 3,000,000 2,566,900 400,000 1,600,000 2,000,000 3,450,000 2,874,700 3,900,000 350,000 29,200 3,356,200 657,100 1,000,000 380,100 7,340,400 700,000 1,500,000 500,000 36,554,600 16,884,300 100,000 4,000,000 200,000 1,000,000 1,207,300 29,200 1026 JOURNAL OF THE SENATE [June 3, 2015] Off-road vehicle trail improvement fund...................................................................................... $ Permanent snowmobile trail easement fund................................................................................. Recreation improvement account................................................................................................. Snowmobile registration fee revenue........................................................................................... Snowmobile trail improvement fund............................................................................................ State general fund/general purpose.............................................................................................. $ Sec. 113. INFORMATION TECHNOLOGY Information technology services and projects.............................................................................. $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Commercial forest fund................................................................................................................ Forest development fund.............................................................................................................. Forest land user charges............................................................................................................... Forest recreation account.............................................................................................................. Game and fish protection fund..................................................................................................... Game and fish protection fund - deer habitat reserve.................................................................. Game and fish protection fund - turkey permit fees.................................................................... Game and fish protection fund - waterfowl fees.......................................................................... Game and fish protection fund - wildlife resource protection fund............................................. Game and fish protection fund - youth hunting and fishing education and outreach fund......... Land exchange facilitation fund................................................................................................... Marine safety fund....................................................................................................................... Michigan natural resources trust fund.......................................................................................... Michigan state parks endowment fund......................................................................................... Michigan state waterways fund.................................................................................................... Michigan trailways fund............................................................................................................... Nongame wildlife fund................................................................................................................. Off-road vehicle safety education fund........................................................................................ Off-road vehicle trail improvement fund...................................................................................... Park improvement fund................................................................................................................ Recreation improvement account................................................................................................. Snowmobile registration fee revenue........................................................................................... Snowmobile trail improvement fund............................................................................................ Sportsmen against hunger fund.................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 114. CAPITAL OUTLAY (1) RECREATIONAL LANDS AND INFRASTRUCTURE State parks repair and maintenance.............................................................................................. $ State game and wildlife area infrastructure.................................................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal funds................................................................................................................................ $ Special revenue funds: Michigan state parks endowment fund......................................................................................... Recreation passport fees............................................................................................................... State general fund/general purpose.............................................................................................. $ (2) WATERWAYS BOATING PROGRAM Local boating infrastructure maintenance and improvements...................................................... $ State boating infrastructure maintenance..................................................................................... Fayette State Park, snail shell harbor, Delta County, add electrical service along the new broadside dock, phase II (total authorized cost is increased from $850,000 to $1,100,000; federal share is increased from $500,000 to $600,000; state share is increased from $350,000 to $500,000).............................................................................................................. [No. 52 For Fiscal Year Ending Sept. 30, 2016 3,356,200 700,000 657,100 380,100 7,340,400 700,000 10,165,000 10,165,000 2,000 1,565,200 38,300 54,800 3,544,100 64,500 37,100 2,700 39,700 3,500 85,500 107,700 22,000 1,485,800 459,100 100 39,200 11,300 21,500 1,300,500 14,900 40,600 67,400 600 1,156,900 12,200,000 3,600,000 15,800,000 3,600,000 6,000,000 4,950,000 1,250,000 381,600 2,435,000 250,000 No. 52] [June 3, 2015] JOURNAL OF THE SENATE Cedarville marina, Mackinac County, development of a new marina on the site of an existing boat launch on northern shore of Lake Huron (total authorized cost is $600,000; state share is $300,000; local share is $300,000)............................................................................. $ Wyandotte Bishop Park marina, Wayne County, development of a transient marina along the Detroit River at Bishop Park in the city of Wyandotte (total authorized cost is $2,341,000; federal share is $1,170,500; local share is $1,170,500)........................................................... Manistique marina, Schoolcraft County, marina improvements, phase IV (total authorized cost is increased from $3,660,000 to $4,660,000; state share is increased from $1,830,000 to $2,330,000; local share is increased from $1,830,000 to $2,330,000)................................ Hayes Township boating access site, Charlevoix County, development of a public boating access site on Lake Charlevoix (total authorized cost is $966,800; state share is $483,400; local share is $483,400)............................................................................................................ East Tawas state harbor, Iosco County, harbor renovation, dock replacements, dredging, fueling station, new electrical/utilities, phase II (total authorized cost is increased from $3,120,000 to $4,320,000; federal share $1,550,000; state share is increased from $1,570,000 to $2,770,000)........................................................................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Michigan state waterways fund.................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 115. ONE-TIME BASIS ONLY APPROPRIATIONS Forestry investment...................................................................................................................... $ Recreation passport local grants (one-time)................................................................................. Special grant programs................................................................................................................. Shooting range enhancement projects - capital outlay................................................................. Forest development infrastructure - capital outlay....................................................................... Fish production (one-time)........................................................................................................... Kalamazoo River watershed improvements - capital outlay........................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Private funds................................................................................................................................. Environmental protection fund..................................................................................................... Forest development fund.............................................................................................................. Game and fish protection fund - fisheries settlement.................................................................. Local public recreation facilities fund.......................................................................................... State general fund/general purpose.............................................................................................. $ PART 2 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2015-2016 1027 For Fiscal Year Ending Sept. 30, 2016 300,000 1,170,500 500,000 483,400 1,200,000 6,720,500 2,145,500 4,575,000 0 7,992,000 500,000 825,000 4,000,000 2,120,000 100,000 5,000,000 20,537,000 3,000,000 750,000 5,000,000 10,112,000 100,000 500,000 1,075,000 GENERAL SECTIONS Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2015-2016 is $317,362,800.00 and state spending from state resources to be paid to local units of government for fiscal year 2015-2016 is $5,548,300.00. The itemized statement below identifies appropriations from which spending to local units of government will occur: DEPARTMENT OF NATURAL RESOURCES GRANTS Dam management grant program................................................................................................. $ 175,000 Grants to counties - marine safety............................................................................................... 1,207,300 Off-road vehicle safety training grants......................................................................................... 29,200 Off-road vehicle trail improvement grants................................................................................... 526,000 1028 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 Recreation improvement fund grants............................................................................................ 65,700 Recreation passport local grants................................................................................................... 1,500,000 Snowmobile law enforcement grants............................................................................................ 380,100 CAPITAL OUTLAY Waterways boating program......................................................................................................... $ 1,665,000 TOTAL.......................................................................................................................................... $ 5,548,300 Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. Sec. 203. As used in this part and part 1: (a) “Commission” means the natural resources commission. (b) “Department” means the department of natural resources. (c) “FTE” means full-time equated. (d) “IDG” means interdepartmental grant. (e) “IDT” means intradepartmental transfer. Sec. 204. In addition to the metrics required under section 447 of the management and budget act, 1984 PA 431, MCL 18.1447, for each new program or program enhancement for which funds in excess of $500,000.00 are appropriated in part 1, the department shall provide not later than November 1, 2015 a list of program-specific metrics intended to measure its performance based on a return on taxpayer investment. The department shall deliver the program-specific metrics to members of the senate and house subcommittees that have subject matter jurisdiction for this budget, fiscal agencies, and the state budget director. The department shall provide an update on its progress in tracking program-specific metrics and the status of program success at an appropriations subcommittee meeting called for by the subcommittee chair. Sec. 205. The departments and agencies receiving appropriations in part 1 shall use the Internet to fulfill the reporting requirements of this part. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an Internet or intranet site. Sec. 206. Appropriations of state restricted game and fish protection funds have been made in the following amounts to the following departments and agencies: Legislative auditor general........................................................................................................... $ 30,700 Attorney general........................................................................................................................... 735,100 Department of technology, management, and budget.................................................................. 438,300 Department of treasury................................................................................................................. 2,782,900 Sec. 207. Pursuant to section 43703(3) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.43703, there is appropriated from the game and fish protection trust fund to the game and fish protection account of the Michigan conservation and recreation legacy fund, $6,000,000.00 for the fiscal year ending September 30, 2016. Sec. 210. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses if they are competitively priced and of comparable quality. In addition, preference should be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality. Sec. 211. The director of the department shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. The director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both. Sec. 212. The department shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff. Sec. 214. Funds appropriated in this part and part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes. Sec. 215. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $3,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1029 Sec. 217. The department and agencies receiving appropriations in part 1 shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short-term and long-term retention of records shall be followed. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines. Sec. 218. The departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the senate and house appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information: (a) The dates of each travel occurrence. (b) The total transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues. Sec. 220. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees, and the senate and house fiscal agencies. Sec. 222. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the senate and house appropriations chairs, the senate and house appropriations subcommittees chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2015 and September 30, 2016. Sec. 223. Before January 31, 2016, the department, in cooperation with the Michigan state waterways commission, shall provide to the state budget director, the senate and house appropriations subcommittees on natural resources, and the senate and house fiscal agencies a list of projects completed by the commission in fiscal year 2014-2015, including the county and municipality in which each project is located. Sec. 234. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency: (a) Fiscal year-to-date expenditures by category. (b) Fiscal year-to-date expenditures by appropriation unit. (c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description. (d) The number of active department employees by job classification. (e) Job specifications and wage rates. Sec. 235. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the agency’s performance. Sec. 237. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2016 are $46,042,200.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $26,133,200.00. Total agency appropriations for retiree health care legacy costs are estimated at $19,909,000.00. DEPARTMENT INITIATIVES Sec. 251. From the amounts appropriated in part 1 for invasive species prevention and control, the department shall allocate not less than $3,600,000.00 for grants for the prevention, detection, eradication, and control of invasive species. DEPARTMENT SUPPORT SERVICES Sec. 302. The department may charge land acquisition projects appropriated for the fiscal year ending September 30, 2016, and for prior fiscal years, a standard percentage fee to recover actual costs, and may use the revenue derived to support the land acquisition service charges provided for in part 1. Sec. 303. As appropriated in part 1, the department may charge both application fees and transaction fees related to the exchange or sale of state-owned land or rights in land authorized by part 21 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.2101 to 324.2162. The fees shall be set by the director of the department at a rate which allows the department to recover its costs for providing these services. COMMUNICATION AND CUSTOMER SERVICES Sec. 404. For the purposes of administering the museum store as provided in section 7a of 1913 PA 271, MCL 399.7a, the department is exempt from section 261 of the management and budget act, 1984 PA 431, MCL 18.1261. Sec. 405. As appropriated in part 1, proceeds in excess of costs incurred in the conduct of auctions, sales, or transfers of artifacts no longer considered suitable for the collections of the state historical museum may be expended upon receipt for additional material for the collection. The department shall notify the chairpersons, vice chairpersons, and minority 1030 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 vice chairpersons of the senate and house appropriations subcommittees on natural resources 1 week prior to any auctions or sales. Any unexpended funds may be carried forward into the next succeeding fiscal year. Sec. 406. As appropriated in part 1, funds collected by the department for historical markers; document reproduction and services; conferences, admissions, workshops, and training classes; and the use of specialized equipment, facilities, exhibits, collections, and software shall be used for expenses necessary to provide the required services. The department may charge fees for the aforementioned services, including admission fees. Any unexpended funds may be carried forward into the next succeeding fiscal year. Sec. 408. By October 21, 2015, the department shall submit to the senate and house appropriations subcommittees on natural resources a report on all land transactions approved by the commission in the fiscal year ending September 30, 2015. For each land transaction, the report shall include the size of the parcel, the county and municipality in which the parcel is located, the dollar amount of the transaction, the fund source affected by the transaction, and whether the transaction is by purchase, public auction, transfer, exchange, or conveyance. WILDLIFE DIVISION Sec. 501. From the increased funds appropriated in part 1 for wildlife management, the department shall utilize increased federal funding made available from increased firearm and ammunition sales. The purpose of this program expansion is to support the restoration, conservation, management, and enhancement of wildlife habitat on public and private lands. Sec. 503. From the funds appropriated in part 1, the department shall produce a report detailing any efforts undertaken to enforce the invasive species order on swine raised under the husbandry of residents of this state. The report shall include fund sources used and the amount of expenditures and shall be submitted to the legislature by December 31, 2015. Sec. 504. From the funds appropriated in part 1, the department shall provide a report to the legislature on the use of registration fees collected from privately owned cervid operations. Appropriations in part 1 from cervidae licensing and inspection fees shall not be used for anything other than work directly related to the regulation of privately owned cervid operations in this state. FISHERIES DIVISION Sec. 601. (1) From the appropriation in part 1 for aquatic resource mitigation, not more than $758,000.00 shall be allocated for grants to watershed councils, resource development councils, soil conservation districts, local governmental units, and other nonprofit organizations for stream habitat stabilization and soil erosion control. (2) The fisheries division in the department shall develop priority and cost estimates for all projects recommended for grants under subsection (1). Sec. 602. As a condition of expenditure of fisheries management appropriations under part 1, the department of natural resources shall not impede the certification process for water control structures on Michigan waterways. The department of natural resources shall fund from funds appropriated in part 1 all non-water-quality studies or requirements that the department requests of either of the following: (a) The department of environmental quality as a condition for issuance of a certification under section 401 of the federal water pollution control act, 33 USC 1341. (b) The Federal Energy Regulatory Commission as a condition of licensing under the federal power act, 16 USC 791a to 825r. Sec. 603. The department shall provide a quarterly report to the legislature on use of funding provided for cormorant management. The department shall use general fund/general purpose revenue for this purpose and submit revenue appropriated in part 1 for cormorant management to the United States Department of Agriculture animal and plant health inspection service to allow for increased taking of cormorants and their nests. If any funds appropriated for cormorant management are retained by the department, or other funds become available for this purpose, the department shall use those funds to harass cormorants with the goal of reducing foraging attempts on fish populations. PARKS AND RECREATION DIVISION Sec. 705. From the funds appropriated in part 1, the department shall produce a report detailing a plan to address the capital outlay and maintenance needs in state parks that are identified in the department’s fiscal year 2015-2016 capital outlay 5-year plan. The report shall be posted on the department’s website and submitted to the state budget office, the senate and house appropriations subcommittees on natural resources, and the senate and house fiscal agencies by January 1, 2016. Sec. 706. The department shall work with the state budget office to ensure that the funds appropriated in 2013 PA 102 for the Grand River waterway study continue to be carried forward as a work project per the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, or until the project is complete. FOREST RESOURCES DIVISION Sec. 801. From the increased funds appropriated in part 1 for forest management and timber market development, the department shall utilize funding made available from increased harvest of timber on state forestlands. The purpose of this program expansion is to strategically invest in technology and equipment enhancements to expand the growth of the forest products economy. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1031 Sec. 802. Of the funds appropriated in part 1, the department shall, subject to the forest certification process, prescribe treatment on 79,000 acres, prepare appropriate treatment for not less than 67,500 acres at the current average rate of 12.5 to 15 cords per acre, and offer those cords for sale in the 2015-2016 fiscal year, provided that the department shall take into consideration the impact of timber harvesting on wildlife habitat and recreation uses. The department shall, subject to the forest certification process, increase marking or treatment of hardwood timber for sale and harvest by 10% over 2014-2015 fiscal year levels. In addition, the department shall take into consideration silvicultural analysis and report annually to the legislature on plans and efforts to address factors limiting management of timber. The department shall increase the number of prepared acres if it appears that regional market demand requires increased volumes of harvested timber. The department shall provide quarterly reports on the number of acres treated, pursuant to this section, to the senate and house appropriations subcommittees on natural resources and the standing committees of the senate and house of representatives with primary responsibility for natural resources issues. The department shall complete and deliver these reports no later than 45 days after the end of the fiscal quarter. Sec. 803. In addition to the money appropriated in part 1, the department may receive and expend money from federal sources for the purpose of providing response to wildfires as required by a compact with the federal government. If additional expenditure authorization is required, the department shall notify the state budget office that expenditure under this section is required. The department shall notify the house and senate appropriations subcommittees on natural resources and the house and senate fiscal agencies of the expenditures under this section by November 1, 2016. Sec. 805. The department shall spend amounts appropriated in part 1 for forest-related activities to employ or contract for sufficient foresters to mark timber, pursuant to section 802. Sec. 807. (1) In addition to the funds appropriated in part 1, there is appropriated from the disaster and emergency contingency fund up to $800,000.00 to cover costs related to any disaster as defined in section 2 of the emergency management act, 1976 PA 390, MCL 30.402. (2) Funds appropriated under subsection (1) shall not be expended unless the state budget director recommends the expenditure and the department notifies the house and senate committees on appropriations. By December 1 each year, the department shall provide a report to the senate and house fiscal agencies and the state budget office on the use of the disaster and emergency contingency fund during the prior fiscal year. (3) If Federal Emergency Management Agency (FEMA) reimbursement is approved for costs paid from the disaster and emergency contingency fund, the federal revenue shall be deposited into the disaster and emergency contingency fund. (4) Unexpended and unencumbered funds remaining in the disaster and emergency contingency fund at the close of the fiscal year shall not lapse to the general fund and shall be carried forward and be available for expenditures in subsequent fiscal years. Sec. 808. Using the funds appropriated in part 1, by April 1, 2016, the department shall develop a lawful and reasonable plan designed to motivate lessees under state-granted oil and gas leases past their primary term to undertake warranted new operations to ensure that department-managed minerals are fully developed in an orderly manner to increase and optimize production. The plan shall be consistent with department procedure number 2306.E8. LAW ENFORCEMENT Sec. 901. The appropriation in part 1 for snowmobile law enforcement grants shall be used by the department to provide grants to county law enforcement agencies to enforce part 821 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82101 to 324.82161, including rules promulgated under that part and ordinances enacted pursuant to that part. The department shall consider the number of enforcement hours and the number of miles of snowmobile trails in each county in allocating these grants. Any funds not distributed to counties revert back to the snowmobile registration fee subaccount created under section 82111 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82111. Counties shall provide semiannual reports to the department on the use of grant money received under this section. Sec. 902. The department shall provide a report on the marine safety grant program to the senate and house appropriations subcommittees on natural resources and the senate and house fiscal agencies by December 1, 2015. The report shall include the following information for the preceding year: the total amount of revenue received for watercraft registrations, the amount deposited into the marine safety fund, and the expenditures made from the marine safety fund, including the amounts expended for department administration, other state agencies, the law enforcement division, and grants to counties. The report shall also include the distribution methodology used by the department to distribute the marine safety grants and a list of the grants and the amounts awarded by county. GRANTS Sec. 1001. Federal pass-through funds to local institutions and governments that are received in amounts in addition to those included in part 1 for grants to communities - federal oil, gas, and timber payments and that do not require additional state matching funds are appropriated for the purposes intended. By November 30, 2015, the department shall report to the senate and house appropriations subcommittees on natural resources, the senate and house fiscal agencies, and the state budget director on all amounts appropriated under this section during the fiscal year ending September 30, 2015. 1032 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 CAPITAL OUTLAY Sec. 1103. The appropriations in part 1 for capital outlay shall be carried forward at the end of the fiscal year consistent with the provisions of section 248 of the management and budget act, 1984 PA 431, MCL 18.1248. PART 2A PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS FOR FISCAL YEAR 2016-2017 GENERAL SECTIONS Sec. 2001. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2017 for the line items listed in part 1. The fiscal year 2016-2017 appropriations are anticipated to be the same as those for fiscal year 2015-2016, except that the line items will be adjusted for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2016 consensus revenue estimating conference. ARTICLE XVI DEPARTMENT OF STATE POLICE PART 1 LINE-ITEM APPROPRIATIONS Sec. 101. There is appropriated for the department of state police for the fiscal year ending September 30, 2016, from the following funds: DEPARTMENT OF STATE POLICE APPROPRIATION SUMMARY Full-time equated unclassified positions............................................................................. 3.0 Full-time equated classified positions.......................................................................... 3,131.0 GROSS APPROPRIATION.......................................................................................................... $ 620,837,400 Interdepartmental grant and intradepartmental transfer revenues: Total interdepartmental grants and intradepartmental transfers................................................... 26,224,300 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 594,613,100 Federal revenues: Total federal revenues................................................................................................................... 87,945,900 Special revenue funds: Total local revenues...................................................................................................................... 5,456,700 Total private revenues................................................................................................................... 76,700 Total other state restricted revenues............................................................................................. 124,828,200 State general fund/general purpose.............................................................................................. $ 376,305,600 State general fund/general purpose schedule: Ongoing state general fund/general purpose.........................................................372,605,600 One-time state general fund/general purpose........................................................... 3,700,000 Sec. 102. UNCLASSIFIED POSITIONS Full-time equated unclassified positions............................................................................. 3.0 Unclassified positions—3.0 FTE positions.................................................................................. $ 585,500 GROSS APPROPRIATION.......................................................................................................... $ 585,500 Appropriated from: Interdepartmental grant and intradepartmental transfer revenues: Total interdepartmental grants and intradepartmental transfers................................................... 7,500 Special revenue funds: Total other state restricted revenues............................................................................................. 378,500 State general fund/general purpose.............................................................................................. $ 199,500 Sec. 103. EXECUTIVE DIRECTION AND DEPARTMENTAL SERVICES Full-time equated classified positions............................................................................. 104.0 Executive direction and departmental services—104.0 FTE positions........................................ $ 76,742,900 GROSS APPROPRIATION.......................................................................................................... $ 76,742,900 Appropriated from: Interdepartmental grant and intradepartmental transfer revenues: Total interdepartmental grants and intradepartmental transfers................................................... 785,800 Federal revenues: Total federal revenues................................................................................................................... 1,314,000 Special revenue funds: Total local revenues...................................................................................................................... 1,116,300 Total other state restricted revenues............................................................................................. 12,051,300 State general fund/general purpose.............................................................................................. $ 61,475,500 No. 52] [June 3, 2015] JOURNAL OF THE SENATE Sec. 104. LAW ENFORCEMENT SERVICES Full-time equated classified positions............................................................................. 507.0 Law enforcement services—507.0 FTE positions........................................................................ $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant and intradepartmental transfer revenues: Total interdepartmental grants and intradepartmental transfers................................................... Federal revenues: Total federal revenues................................................................................................................... Special revenue funds: Total local revenues...................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 105. COMMISSION ON LAW ENFORCEMENT STANDARDS Full-time equated classified positions............................................................................... 18.0 Commission on law enforcement standards—18.0 FTE positions............................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Total federal revenues................................................................................................................... Special revenue funds: Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 106. FIELD SERVICES Full-time equated classified positions.......................................................................... 2,016.0 Field services—2,016.0 FTE positions......................................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant and intradepartmental transfer revenues: Total interdepartmental grants and intradepartmental transfers................................................... Federal revenues: Total federal revenues................................................................................................................... Special revenue funds: Total local revenues...................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 107. SPECIALIZED SERVICES Full-time equated classified positions............................................................................. 485.0 Specialized services—485.0 FTE positions................................................................................. $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant and intradepartmental transfer revenues: Total interdepartmental grants and intradepartmental transfers................................................... Federal revenues: Total federal revenues................................................................................................................... Special revenue funds: Total local revenues...................................................................................................................... Total private revenues................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 108. SECONDARY ROAD PATROL Full-time equated classified positions................................................................................. 1.0 Secondary road patrol program—1.0 FTE position..................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ 1033 For Fiscal Year Ending Sept. 30, 2016 97,949,700 97,949,700 6,147,800 17,403,700 598,600 34,704,600 39,095,000 9,918,500 9,918,500 174,900 8,852,000 891,600 299,934,300 299,934,300 6,706,100 6,512,300 2,062,900 43,765,200 240,887,800 120,940,800 120,940,800 12,577,100 62,541,000 1,678,900 76,700 14,010,900 30,056,200 11,065,700 11,065,700 11,065,700 0 1034 JOURNAL OF THE SENATE [June 3, 2015] Sec. 109. ONE-TIME APPROPRIATIONS One-time appropriations............................................................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ [No. 52 For Fiscal Year Ending Sept. 30, 2016 3,700,000 3,700,000 3,700,000 PART 1B SUPPLEMENTAL LINE-ITEM APPROPRIATIONS Sec. 151. There is appropriated for the department of state police for the fiscal year ending September 30, 2015, from the following funds: DEPARTMENT OF STATE POLICE APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ 1,000,000 Total interdepartmental grants and intradepartmental transfers................................................... 0 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 1,000,000 Federal revenues: Total federal revenues................................................................................................................... 0 Special revenue funds: Total local revenues...................................................................................................................... 0 Total private revenues................................................................................................................... 0 Total other state restricted revenues............................................................................................. 0 State general fund/general purpose.............................................................................................. $ 1,000,000 Sec. 152. FIELD SERVICES Field services................................................................................................................................ $ 1,000,000 GROSS APPROPRIATION.......................................................................................................... $ 1,000,000 Appropriated from: State general fund/general purpose.............................................................................................. $ 1,000,000 PART 2 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2015-2016 GENERAL SECTIONS Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2015-2016 is $501,133,800.00 and state spending from state resources to be paid to local units of government for fiscal year 2015-2016 is $15,464,100.00. The itemized statement below identifies appropriations from which spending to local units of government will occur: DEPARTMENT OF STATE POLICE Commission on law enforcement standards............................................................................. $ 3,839,900 Specialized services.................................................................................................................. 669,200 Secondary road patrol program................................................................................................ 10,955,000 TOTAL.......................................................................................................................................... $ 15,464,100 Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. Sec. 203. As used in this part and part 1: (a) “AFIS” means the automated fingerprint identification system. (b) “CJIC” means the criminal justice information center. (c) “CJIS” means Criminal Justice Information Systems. (d) “Core service” means that phrase as defined in section 373 of the management and budget act, 1984 PA 431, MCL 18.1373. (e) “Department” means the department of state police. (f) “DHS” means the United States Department of Homeland Security. (g) “DNA” means deoxyribonucleic acid. (h) “DOJ” means the United States Department of Justice. (i) “DOT” means the United States Department of Transportation. (j) “DTMB” means the department of technology, management, and budget. (k) “FEMA” means the Federal Emergency Management Agency. (l) “FTE” means full-time equated. (m) “IDG” means interdepartmental grant. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1035 (n) “IDT” means intradepartmental transfer. (o) “LEIN” means the law enforcement information network. (p) “MCOLES” means Michigan commission on law enforcement standards. (q) “MDOC” means the Michigan department of corrections. (r) “MDOS” means the Michigan department of state. (s) “MDOT” means the Michigan department of transportation. (t) “MDTR” means the Michigan department of treasury. (u) “SRMS” means state records management system. (v) “Subcommittees” means all members of the subcommittees of the senate and house standing committees on appropriations with jurisdiction over the budget for the department. (w) “Support service” means that phrase as defined in section 373 of the management and budget act, 1984 PA 431, MCL 18.1373. (x) “Work project” means that term as defined in section 404 of the management and budget act, 1984 PA 431, MCL 18.1404, and that meets the criteria in section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a. Sec. 204. The following are the appropriations from part 1 for interdepartmental grant funds received by the department from sources outside the department: $2,842,000.00 from training academy charges; $339,600.00 from the department of corrections contract; $364,100.00 from the department of state; $11,413,900.00 from the department of transportation state trunkline funds; $6,123,400.00 from casino gaming fees; $678,100.00 from the department of treasury - emergency telephone fund coordinator; and $737,600.00 from the department of treasury - emergency telephone fund operations. Sec. 205. (1) The following are the appropriations from part 1 for interdepartmental grant funds made from the department to other departments: Attorney general - operations....................................................................................................... $ 251,800 Attorney general - justice training grant...................................................................................... 162,400 Environmental quality.................................................................................................................. 1,720,100 Judiciary - justice training grant.................................................................................................. 339,200 Military and veterans affairs......................................................................................................... 99,300 DTMB - building occupancy charges........................................................................................... 8,671,500 DTMB - accounting service center.............................................................................................. 1,036,600 DTMB - information technology.................................................................................................. 23,883,000 (2) Based on the availability of federal funding and the demonstrated need as indicated by applications submitted to the state court administrative office, the department shall provide $1,500,000.00 in Byrne justice assistance grant program funding to the judiciary by interdepartmental grant. Sec. 206. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $3,500,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $200,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 207. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website that is accessible by the public at no cost that includes, but is not limited to, all of the following: (a) Fiscal year-to-date expenditures by category. (b) Fiscal year-to-date expenditures by appropriation unit. (c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description. (d) The number of active department employees by job classification. (e) Job specifications and wage rates. Sec. 208. The department and agencies receiving appropriations in part 1 shall use the Internet to fulfill the reporting requirements of this part. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an Internet or intranet site. Sec. 209. Funds appropriated in part 1 and this part shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are 1036 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality. Sec. 210. The department shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both, for the department. The director of the department shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services or supplies, or both. Sec. 215. A department or state agency shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff. Sec. 216. (1) Notwithstanding any other provision of this part, the schedules of programs listed below may, but are not required to be, funded under this part or part 1: (a) The schedule of programs for executive direction and departmental services appropriated in section 103 includes the following: Departmentwide............................................................................................................................ $ 37,836,600 Departmental services.................................................................................................................. 6,862,300 Executive direction....................................................................................................................... 7,970,200 Information technology services and projects.............................................................................. 24,073,800 (b) The schedule of programs for law enforcement services appropriated in section 104 includes the following: Biometrics and identification....................................................................................................... $ 7,633,200 Criminal justice information center.............................................................................................. 17,945,300 Forensic science........................................................................................................................... 42,077,200 Grants and community services................................................................................................... 17,516,800 Training........................................................................................................................................ 12,777,200 (c) The schedule of programs for commission on law enforcement standards appropriated in section 105 includes the following: Public safety officers benefit program......................................................................................... $ 150,500 Standards and training/justice training grants.............................................................................. 9,120,700 Training only to local units.......................................................................................................... 647,300 (d) The schedule of programs for field services appropriated in section 106 includes the following: Casino gaming oversight.............................................................................................................. $ 5,949,000 General law enforcement and criminal investigations.................................................................. 287,931,700 Michigan International Speedway traffic control......................................................................... 831,900 Tobacco tax fraud investigations.................................................................................................. 5,221,700 (e) The schedule of programs for specialized services appropriated in section 107 includes the following: Commercial vehicle enforcement................................................................................................. $ 25,306,900 Commercial vehicle regulation..................................................................................................... 2,772,200 Emergency management and homeland security.......................................................................... 49,852,400 Highway safety planning.............................................................................................................. 16,121,000 Special operations......................................................................................................................... 26,888,300 (f) The schedule of programs for one-time appropriations appropriated in section 109 includes the following: Trooper school.............................................................................................................................. $ 3,200,000 Sexual assault prevention and education initiative....................................................................... 500,000 (2) Notwithstanding any other provision of this part, revenues in part 1 may or may not be received from the funding entities or fund sources or in the amounts listed in the following schedule of revenues: IDG-MDOC, contract................................................................................................................... $ 339,600 IDG-MDOS.................................................................................................................................. 364,100 IDG-MDOT, state trunkline fund................................................................................................. 11,413,900 IDG-MDTR, casino gaming fees.................................................................................................. 6,123,400 IDG-MDTR, emergency telephone fund coordinator................................................................... 678,100 IDG-MDTR, emergency telephone fund operations..................................................................... 737,600 IDG, training academy charges.................................................................................................... 2,842,000 IDT, auto theft funds.................................................................................................................... 760,100 IDT, Michigan justice training fund............................................................................................. 1,050,000 IDT, truck safety fund.................................................................................................................. 1,915,500 DHS.............................................................................................................................................. 41,902,000 DOJ............................................................................................................................................... 12,925,500 DOJ, interest-bearing.................................................................................................................... 8,142,000 DOT.............................................................................................................................................. 23,352,200 Federal investigation - reimbursed services................................................................................. 1,087,400 Federal forfeiture revenue............................................................................................................ 536,800 No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1037 Local - AFIS fees......................................................................................................................... 81,900 Local - LEIN fees......................................................................................................................... 1,022,700 Local - reimbursed services.......................................................................................................... 2,062,900 Local - school bus revenue........................................................................................................... 1,690,600 Local - SRMS fees....................................................................................................................... 598,600 Private donations.......................................................................................................................... 76,700 Auto theft prevention fund........................................................................................................... 7,704,400 Criminal justice information center service fees.......................................................................... 22,787,300 Drunk driving prevention and training fund................................................................................. 1,443,900 Forensic science reimbursement fees........................................................................................... 1,541,700 Hazardous materials training center fees..................................................................................... 1,193,600 Highway safety fund.................................................................................................................... 11,088,000 Michigan justice training fund..................................................................................................... 8,491,700 Michigan merit award trust fund.................................................................................................. 793,100 Motor carrier fees......................................................................................................................... 7,680,300 Narcotics-related forfeiture revenue............................................................................................. 813,600 Nonnarcotic forfeiture revenue..................................................................................................... 99,000 Nuclear plant emergency planning reimbursement...................................................................... 2,676,100 Precision driving track fees.......................................................................................................... 323,200 Private security licensing fees...................................................................................................... 9,100 Reimbursed services..................................................................................................................... 1,248,900 Rental of department aircraft....................................................................................................... 59,400 Secondary road patrol and training fund...................................................................................... 12,277,300 Sex offenders registration fund.................................................................................................... 608,700 State forensic laboratory fund...................................................................................................... 1,762,800 State police service fees............................................................................................................... 2,282,500 State services fee fund.................................................................................................................. 7,938,400 Tobacco tax revenue..................................................................................................................... 4,434,700 Traffic crash revenue.................................................................................................................... 335,200 Traffic law enforcement and safety fund...................................................................................... 25,215,500 Trooper school recruitment fund.................................................................................................. 1,100 Truck driver safety fund............................................................................................................... 2,018,700 (3) Any funding required by statute is not subject to funding flexibility and shall be funded in accordance with that statute. Sec. 218. The departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget director. The report shall include the following information: (a) The dates of each travel occurrence. (b) The total transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues. Sec. 219. (1) The department shall provide quarterly reports to the subcommittees, the senate and house fiscal agencies, and the state budget office that provide the following data: (a) A list of major work projects, including the status of each project. (b) The department’s financial status, featuring a report of budgeted versus actual expenditures by part 1 line item including a year-end projection of budget requirements. If projected department budget requirements exceed the allocated budget, the report shall include a plan to reduce overall expenses while still satisfying specified service level requirements. (c) A report on the performance metrics cited or information required to be reported in this part, reasons for non­ achievement of metric targets, and proposed corrective actions. (2) The department shall provide a summary of fund shifts, that have been approved by the state budget office, that have occurred between items listed in the schedule of programs described in section 216 on a quarterly basis to the subcommittees and the senate and house fiscal agencies. Sec. 221. The appropriations in part 1 are for the core services, support services, and work projects of the department, including, but not limited to, the following core services: (a) State executive security, including capitol complex security. (b) Training. 1038 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (c) Commission on law enforcement standards. (d) Criminal justice information systems. (e) Scientific analysis and identification, including laboratory operations, DNA analysis program, and biometrics and identification. (f) General law enforcement and traffic safety. (g) Criminal investigations, including tobacco tax fraud investigations and fire investigations. (h) Special operations. (i) Commercial vehicle regulation and enforcement. (j) Emergency management and homeland security. (k) Highway safety planning. (l) Secondary road patrol program. Sec. 222. The department shall notify the subcommittees, the chairpersons of the senate and house standing committees on appropriations, and the senate and house fiscal agencies not less than 90 days before recommending to close or consolidate any state police posts. The notification shall include a local and state impact study of the proposed post closure or consolidation. Sec. 223. At least 90 days before beginning any effort to privatize, the department shall submit a complete project plan to the subcommittees and the senate and house fiscal agencies. The plan shall include the criteria under which the privatization initiative will be evaluated. The evaluation shall be completed and submitted to the subcommittees and the senate and house fiscal agencies within 30 months. Sec. 224. Funds appropriated in part 1 or this part shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those activities that the attorney general authorizes. Sec. 226. (1) When the department provides contractual services to a local unit of government, the department shall be reimbursed for all costs incurred in providing the services, including, but not limited to, retirement and overtime costs. (2) The department shall define service cost models for those services requiring reimbursement. (3) Contractual services provided to an entity other than a local unit of government may be provided by department personnel, but only on an overtime basis outside the normal work schedule of the personnel. (4) This section does not apply to services provided to state agencies. Sec. 228. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriations lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriations lapses by major departmental program or program areas. The report shall be transmitted to the office of the state budget, the chairpersons of the senate and house appropriations committees, the subcommittees, and the senate and house fiscal agencies. Sec. 229. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the senate and house appropriations chairs, the subcommittees, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the preceeding and current fiscal years. Sec. 230. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department’s performance. Sec. 232. The department shall serve as an active liaison between the DTMB and state, local, regional, and federal public safety agencies on matters pertaining to the Michigan public safety communications system and shall report user issues to the DTMB. Sec. 233. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2016 are $123,378,400.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $67,221,200.00, and total agency appropriations for retiree health care legacy costs are estimated at $56,157,300.00. Sec. 235. The department shall initiate discussions with the city of Wayland regarding a potential partnership between the city and the department for a joint public safety building located in the city. Sec. 238. Money privately donated to the department is appropriated under part 1 to be used for the purposes designated by the donor of the money, if specified. Sec. 240. In addition to the metrics required under section 447 of the management and budget act, 1984 PA 431, MCL 18.1447, for each new program or program enhancement for which funds in excess of $500,000.00 are appropriated in part 1, the department shall provide not later than November 1, 2015 a list of program-specific metrics intended to measure its performance based on a return on taxpayer investment. The department shall deliver the program-specific metrics to members of the senate and house subcommittees that have subject matter jurisdiction for this budget, fiscal agencies, and the state budget director. The department shall provide an update on its progress in tracking program-specific metrics and the status of program success at an appropriations subcommittee meeting called for by the subcommittee chair. Sec. 250. The department shall participate in a workgroup to investigate means of minimizing fraud in the MIBridges benefits programs. The members of the workgroup shall include, but are not limited to, the department and the department No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1039 of health and human services, the department of state, and members of the house of representatives and the senate. The workgroup shall, at a minimum, address the following possibilities and make recommendations on the implementation of any of the following items considered feasible: (a) Whether the department of health and human services’ policies concerning the replacement of lost bridge cards sufficiently deter improper use of those cards. (b) What technologies may exist to deter the sale or other improper use of bridge cards. (c) Whether a state driver license or state identification card might be used to replace the existing bridge cards. (d) What federal policies exist that may inhibit or enhance adoption of fraud minimization actions. EXECUTIVE DIRECTION AND DEPARTMENTAL SERVICES Sec. 301. (1) The department shall provide security services at the State Capitol Complex facilities and the State Secondary Complex as provided under section 6c of 1935 PA 59, MCL 28.6c. (2) The department shall maintain the staff and resources necessary to respond to emergencies at the State Capitol Complex, State Secondary Complex, House Office Building, Farnum Building, Capitol parking lot, Townsend Parking Ramp, the Roosevelt Parking Ramp, and other areas as directed. (3) The department shall pursue federal grants to improve the security at the Capitol Building. (4) The department may develop a phased approach for improving security at the Capitol Building. (5) The department shall dedicate a minimum of 27,000 patrol hours for the State Capitol Complex facilities. Sec. 304. The department shall provide administrative support for department operations, as provided under the man­ age­ment and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, including the following: (a) The operations of the automobile theft prevention authority. (b) Administration of the Edward Byrne memorial justice assistance program. (c) Asset forfeiture reporting requirements. (d) Oversight and administration of 9-1-1 operations statewide. LAW ENFORCEMENT SERVICES Sec. 401. (1) The department shall maintain the staffing and resources necessary to exercise the authority, powers, functions, and responsibilities concerning the development and delivery of professional, innovative, and quality training that supports the enforcement and public safety efforts of the criminal justice community. (2) The department shall provide performance data as provided under section 219 for average classroom occupancy rate, with an annual goal of 55%. (3) The department shall submit a report to the subcommittees and the senate and house fiscal agencies within 60 days of the conclusion of any trooper, motor carrier, or state properties security recruit school. The report shall include the following: (a) The number of veterans and the number of MCOLES-certified police officers who were admitted to and the number who graduated from the recruit school. (b) The total number of recruits who were admitted to the school, the number of recruits who graduated from the school, and the location at which each of these recruits is assigned. (4) The department shall distribute and review course evaluations to ensure that quality training is provided. Sec. 402. (1) In accordance with applicable state and federal laws and regulations, the department shall maintain and ensure compliance with CJIS databases and applications in the support of public safety and law enforcement communities (2) The department shall improve the accuracy, timeliness, and completeness of criminal history information by conducting a minimum of 30 outreach activities targeted to criminal justice agencies. (3) The department shall provide for the compilation of crime statistics consistent with the uniform crime reporting (UCR) program and the national incident-based report system (NIBRS). (4) The department shall provide for the compilation and evaluation of traffic crash reports and the maintenance of the state accident data collection system. (5) The department shall make traffic crash information available to the public at a reasonable cost. For bulk access to the accident records in which the vehicle identification number has been collected and computerized, the department shall make those records available to the public at cost, provided that the name and address have been excluded. (6) In accordance with applicable state and federal laws and regulations, the department shall provide for the main­ tenance and dissemination of criminal history records and juvenile records, including to the extent necessary to exchange criminal history records information with the Federal Bureau of Investigation and other states through the interstate identification index, the National Crime Information Center, and other federal CJIS databases and indices. (7) In accordance with applicable state and federal laws, the department shall provide for the maintenance of records, including criminal history records regarding firearms licensure. (8) The department shall provide to the legislature a report not later than December 1, 2016 that includes all of the following: (a) The department’s actual revenue received from fees paid for concealed pistol license (CPL) applications for fiscal year 2015-2016 and the uses of that revenue. 1040 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (b) The department’s fiscal year 2015-2016 costs for administering its responsibilities under 2015 PA 3, MCL 28.421 to 28.435, but not including costs related to the administration of other state statutes, or requirements of federal law. (c) An itemization of the fiscal year 2015-2016 revenue, source of revenue, expenditures, purpose of expenditures, and amount remaining at the end of fiscal year 2015-2016 for the concealed weapon enforcement fund created under sec­ tion 5v of 1927 PA 372, MCL 28.425v. (9) The department shall maintain the staff and resources necessary to maintain the sex offender registry and enforce the registration requirements as provided by law. (10) The department shall provide information on the number of background checks processed through the Internet criminal history access tool (ICHAT) as provided in section 219. (11) The following unexpended and unencumbered revenues deposited into the criminal justice information service fee fund shall not lapse to the general fund, but shall be carried forward into the subsequent fiscal year: (a) Fees for fingerprinting and criminal record checks and name-based criminal record checks pursuant to 1935 PA 120, MCL 28.271 to 28.273. (b) Fees for application and licensing for initial and renewal concealed pistol licenses pursuant to 1927 PA 372, MCL 28.421 to 28.435. (c) Fees for searching, copying, and providing public records pursuant to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. (d) Revenue from other sources, including, but not limited to, investment and interest earnings. (12) Unexpended and unencumbered revenue generated by state records management system fees shall not lapse to the general fund, but shall be carried forward into the subsequent fiscal year. Sec. 403. (1) The department shall provide forensic testing services to aid in criminal investigations. (2) The department shall ensure its ability to maintain accreditation by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB), or other federally designated accrediting agency, as provided under 42 USC 14132. (3) The department shall provide forensic science services with an average turnaround time of 55 days, assuming an annual caseload volume commensurate with that received in fiscal year 2012-2013, and shall achieve a goal of a 30-day average turnaround time across all forensic science disciplines by December 31, 2016. (4) The department shall provide the following data as provided in section 219: (a) The average turnaround time for processing forensic evidence across all disciplines. (b) Forensic laboratory staffing levels, including scientists in training, and vacancies. (c) The number of backlogged cases in each discipline. (5) The department shall maintain the staffing and resources necessary to provide lab operations services with a goal of decreasing firearms backlog by 20% per year until eliminated, assuming an annual caseload volume of 5,200 cases received. (6) The department shall maintain the staffing and resources necessary to provide lab operations services with a goal of decreasing toxicology backlog by 15% per year until eliminated, assuming an annual caseload volume of 20,000 cases received. (7) The department shall explore an information technology interface between the Michigan state police forensic science division and at least 1 judicial system. This interface shall allow state police forensic scientists to triage their investigations based upon the status of judicial casework and allow court officials to obtain the status of forensic studies pertinent to the cases before their court. The interface should be scalable to support all judicial systems throughout the state and be designed in such a way as to allow courts to retain their current case management system and still access the forensic science case data if so desired. (8) The department shall provide for the forensic testing and analysis/profiling of DNA evidence to aid criminal investigations by law enforcement agencies in this state. (9) If changes are made to the department’s protocol for retaining and purging DNA analysis samples and records, the department shall post a copy of the protocol changes on the department’s website. (10) The department shall maintain the staffing and resources necessary to provide DNA analysis services with a goal of decreasing backlogs by 15% per year until eliminated, assuming an annual caseload volume of 10,500 cases received. (11) The department shall establish the sexual assault kit initiative in the current fiscal year. The purpose of this new initiative is to improve the turnaround times for the collection, submission, and timely testing of all criminal sexual conduct kits and, ultimately, to improve the overall clearance rates for sexual assault cases. (12) Not later than October 31 of the subsequent fiscal year, the department shall submit a report to the subcommittees and senate and house fiscal agencies that shall include, but is not limited to, all of the following information: (a) Sexual assault kit analysis backlog at the beginning of the current fiscal year. (b) The number of sexual assault kits collected or submitted for analysis during the current fiscal year. (c) The number of sexual assault kits analyzed and the number of associated DNA profiles created and uploaded during the current fiscal year. (d) Sexual assault kit analysis backlog at the ending of the current fiscal year. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1041 (e) The average turnaround time to analyze sexual assault kits and to create and upload associated DNA profiles for the current fiscal year. Sec. 404. (1) The biometrics and identification division shall house and manage the automated fingerprint identification system (AFIS), the statewide network of agency photographs (SNAP), and combined offender DNA index system (CODIS) biometric databases. (2) The department shall provide data on the number of 10-print and palm-print submissions to the AFIS database, with a goal of at least 97% of submissions provided electronically as provided in section 219. (3) The department shall maintain the staffing and resources necessary to have a 28-day average wait time for scheduling a polygraph examination, assuming an annual caseload received commensurate with fiscal year 2012-2013, with a goal of achieving a 15-day average wait time. (4) The department shall provide information on the number of fingerprint checks processed as provided in section 219. COMMISSION ON LAW ENFORCEMENT STANDARDS Sec. 501. (1) MCOLES shall maintain the staffing and resources necessary to exercise the authority, powers, functions, and responsibilities necessary to establish standards for the selection, employment, training, education, licensing, and revocation of all law enforcement officers and provide the basic law enforcement training curriculum for law enforcement training academy programs statewide. (2) MCOLES shall maintain staffing and resources necessary to update law enforcement standards within 30 days of the effective date of any new legislation. FIELD SERVICES Sec. 601. (1) Department enlisted personnel who are employed to enforce traffic laws as provided in section 629e of the Michigan vehicle code, 1949 PA 300, MCL 257.629e, shall not be prohibited from responding to crimes in progress or other emergency situations and are responsible for making every effort to protect all residents of this state. (2) The department shall maintain the staffing and resources necessary to continually work to enhance traffic safety throughout the state and shall dedicate a minimum of 315,000 hours to statewide patrol, of which a minimum of 30,000 shall be committed to distressed cities in this state, and 4,000 shall be committed to Belle Isle. (3) The department shall maintain the staffing and resources necessary to perform activities to maintain a 93% com­ pliance rate for reporting by registered sex offenders. (4) The department shall submit a report on or before December 1 to the subcommittees and senate and house fiscal agencies regarding the secure cities partnership during the prior fiscal year. Sec. 602. (1) The department shall identify and apprehend criminals through criminal investigations in this state. (2) The department shall maintain the staffing and resources necessary to provide a comparable number of hours investigating crimes as those performed in fiscal year 2012-2013. (3) The department shall maintain the staffing and resources necessary to annually meet or exceed a case clearance rate of 60%. (4) The department shall annually provide 4 training opportunities to local law enforcement partners with the goal of increasing their knowledge of gambling laws, trends, and legal issues. Sec. 603. (1) The department shall provide protection to this state, its economy, welfare, and vital state-sponsored programs through the prevention and suppression of organized smuggling of untaxed tobacco products in the state, through enforcement of the tobacco products tax act, 1993 PA 327, MCL 205.421 to 205.436, and other laws pertaining to combating criminal activity in this state, by maintaining a tobacco tax enforcement unit. (2) The department shall submit an annual report on December 1 to the subcommittees, the senate and house appro­ priations subcommittees on general government, and the senate and house fiscal agencies that details expenditures and activities related to tobacco tax enforcement for the prior fiscal year. (3) The tobacco tax enforcement unit shall dedicate a minimum of 16,600 hours to tobacco tax enforcement. Sec. 604. (1) The department shall provide fire investigation services to citizens of this state through training and investigative assistance to public safety agencies in this state. (2) The department shall maintain the staffing and resources necessary to maintain readiness to respond appropriately to at least the number of requests for fire investigation services that occurred in fiscal year 2010-2011 and shall be available for call out statewide 100% of the time. SPECIALIZED SERVICES Sec. 701. (1) The department shall provide specialized services in support of, and to enhance, local, state, and federal law enforcement operations within this state in accordance with all applicable state and federal laws and regulations. (2) The department shall operate the Michigan intelligence operation center for homeland security as the state’s primary federally designated fusion center to receive, analyze, gather, and disseminate threat-related information among federal, state, local, tribal, and private sector partners. (3) The department shall ensure public safety by providing public and private sector partners with timely and accurate information regarding critical information key resource threats as reported to or discovered by the Michigan intelligence operations center for homeland security and shall increase public awareness on how to report suspicious activity through website or telephone communications. 1042 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (4) The department shall maintain the staffing and resources necessary to provide training to maintain readiness to respond appropriately to at least the number of requests for specialty services which occurred in fiscal year 2010-2011. (5) The canine unit shall be available for call out statewide 100% of the time. (6) The bomb squad unit shall be available for call out statewide 100% of the time. (7) The emergency support teams shall be available for call out statewide 100% of the time. (8) The underwater recovery unit shall be available for call out statewide 100% of the time. (9) Aviation services shall be available for call out statewide 100% of the time, unless prohibited by weather or unexpected mechanical breakdowns. (10) The department shall maintain the staffing and resources necessary to support the cyber section, including the Michigan cyber command center, the computer crimes unit, and the Internet crimes against children task force. Sec. 702. (1) The department shall maintain commercial vehicle regulation and enforcement activities, including enforcement of requirements concerning size, weight, and load restrictions; operating authority; registration; fuel taxes; the transportation of hazardous materials; the operations of new entrants; and commercial driver’s licenses. (2) The department shall maintain the staffing and resources necessary to meet inspection goals consistent with the department’s federal motor carrier assistance program activities. (3) The department shall maintain a goal of annually inspecting at least 50,000 commercial vehicles. (4) The department shall maintain the staffing and resources necessary to exercise the authority, powers, functions, and responsibilities concerning the inspection of school buses as provided under the pupil transportation act, 1990 PA 187, MCL 257.1801 to 257.1877. (5) The department shall annually provide the subcommittees and the senate and house fiscal agencies with the following information for each public and nonpublic school concerning the inspection of school buses: (a) The total number of school buses inspected. (b) The number of inspected school buses receiving a passing sticker. (c) The number of inspected school buses receiving a yellow sticker. (d) The number of inspected school buses receiving a red sticker. (6) The department shall maintain the staffing and resources necessary to train at least 10 Michigan state police motor carrier officer recruits. Sec. 703. (1) The department shall coordinate the mitigation, preparation, response, and recovery activities of municipal, county, state, and federal governments, and other governmental entities, for all hazards, disasters, and emergencies. (2) The state director of emergency management may expend money appropriated under part 1 to call upon any agency or department of the state or any resource of the state to protect life or property or to provide for the health or safety of the population in any area of the state in which the governor proclaims a state of emergency or state of disaster under 1945 PA 302, MCL 10.31 to 10.33, or under the emergency management act, 1976 PA 390, MCL 30.401 to 30.421. The state director of emergency management may expend the amounts the director considers necessary to accomplish these purposes. The director shall submit to the state budget director as soon as possible a complete report of all actions taken under the authority of this section. The report shall contain, as a separate item, a statement of all money expended that is not reimbursable from federal money. The state budget director shall review the expenditures and submit recommendations to the legislature in regard to any possible need for a supplemental appropriation. (3) In addition to the money appropriated in part 1, the department may receive and expend money from local, private, federal, or state sources for the purpose of providing emergency management training to local or private interests and for the purpose of supporting emergency preparedness, response, recovery, and mitigation activity. If additional expenditure authorization in the Michigan administrative information network is approved by the state budget office under this section, the department and the state budget office shall notify the subcommittees and the senate and house fiscal agencies within 10 days after the approval. The notification shall include the amount and source and the additional authorization, the date of its approval, and the projected use of funds to be expended under the authorization. (4) The department shall foster, promote, and maintain partnerships to protect this state and homeland from all hazards. (5) The department shall maintain the staffing and resources necessary to do all of the following: (a) Serve approximately 105 local emergency management preparedness programs and 88 local emergency planning committees in this state. (b) Operate and maintain the state’s emergency operations center and provide command and control in support of emergency response services. (c) Maintain readiness, including training and equipment to respond to civil disorders and natural disasters com­men­ surate with the capabilities of fiscal year 2010-2011. (d) Perform hazardous materials response training. (6) The department shall conduct a minimum of 3 training sessions to enhance safe response in the event of natural or manmade incidents, emergencies, or disasters. (7) In addition to the funds appropriated in part 1, there is appropriated from the disaster and emergency contingency fund an amount necessary to cover costs related to any disaster or emergency as defined in the emergency management act, 1976 PA 390, MCL 30.401 to 30.421. Funds shall be expended as provided under sections 18 and 19 of the emergency management act, 1976 PA 390, MCL 30.418 and 30.419, and R 30.51 to R 30.61 of the Michigan administrative code. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1043 (8) Funds in the disaster and emergency contingency fund shall not be expended unless the state budget director approves the expenditure and the department and the state budget office notify the senate and house appropriations committees. No later than December 1, the department shall provide an annual report to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget office on the use of the disaster and emergency contingency fund during the prior fiscal year. Sec. 704. The department shall provide for the planning, administration, and implementation of highway traffic safety programs to save lives and reduce injuries on Michigan roads in partnership with other public and private organizations. SECONDARY ROAD PATROL PROGRAM Sec. 801. (1) The department shall provide funding to county sheriff departments to patrol secondary roads. (2) The sheriffs’ duties under the secondary road patrol program, as outlined in section 76(2) of 1846 RS 14, MCL 51.76, are to patrol and monitor traffic violations; to enforce the criminal laws of this state, violations of which are observed by or brought to the attention of the sheriff’s department while patrolling and monitoring secondary roads; to investigate accidents involving motor vehicles; and to provide emergency assistance to persons on or near a highway or road the sheriff is patrolling and monitoring. (3) The department shall provide the following information on secondary road patrol activities supported by appro­ priations in part 1, as provided in section 219: (a) The number of funded full-time equivalent county sheriff secondary road patrol deputies. (b) The number of hours dedicated to patrol under the secondary road patrol program, with an annual goal of at least 178,000 hours. (4) The information required to be reported under subsection (3) shall be reported for each quarter of the fiscal year. However, the department may submit this information on a semiannual basis. (5) The department shall request of each county receiving a grant, its total budget for all patrol functions from all budget sources. ONE-TIME APPROPRIATIONS Sec. 901. The amount appropriated in part 1 for one-time appropriations shall only be expended as follows: (a) $3,200,000.00 to maintain the staffing and resources necessary to train at least 88 new Michigan state trooper recruits. (b) $500,000.00 to implement the sexual assault prevention and education initiative. PART 2A PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS FOR FISCAL YEAR 2016-2017 GENERAL SECTIONS Sec. 1201. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2017 for the line items listed in part 1. The fiscal year 2016-2017 appropriations are anticipated to be the same as those for fiscal year 2015-2016, excluding appropriations designated as one-time appropriations and adjusting for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2016 consensus revenue estimating conference. PART 2B PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2014-2015 GENERAL SECTIONS Sec. 2201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1B for fiscal year 2014-2015 is $1,000,000.00 and state spending from state resources to be paid to local units of government for fiscal year 2014-2015 is $0.00. Sec. 2202. The appropriations authorized under this part and part 1B are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. ARTICLE XVII STATE TRANSPORTATION DEPARTMENT PART 1 LINE-ITEM APPROPRIATIONS Sec. 101. There is appropriated for the state transportation department for the fiscal year ending September 30, 2016, from the following funds: STATE TRANSPORTATION DEPARTMENT APPROPRIATION SUMMARY Full-time equated unclassified positions............................................................................. 6.0 Full-time equated classified positions.......................................................................... 2,912.3 GROSS APPROPRIATION.......................................................................................................... $ 3,896,201,400 Total interdepartmental grants and intradepartmental transfers................................................... 3,928,500 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 3,892,272,900 1044 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 For Fiscal Year Ending Sept. 30, 2016 Federal revenues: Federal aid - transportation programs.......................................................................................... $ 1,257,488,000 Total federal revenues................................................................................................................... 1,257,488,000 Special revenue funds: Local revenues.............................................................................................................................. 50,293,500 Private revenues............................................................................................................................ 100,000 Total local and private revenues................................................................................................... 50,393,500 Blue Water Bridge fund................................................................................................................ 23,943,300 Comprehensive transportation fund.............................................................................................. 272,383,600 Economic development fund........................................................................................................ 50,859,000 IRS debt service rebate................................................................................................................ 6,974,200 Intercity bus equipment fund........................................................................................................ 140,000 Local bridge fund......................................................................................................................... 29,235,400 Michigan transportation fund....................................................................................................... 1,046,130,000 Rail freight fund........................................................................................................................... 6,000,000 State aeronautics fund.................................................................................................................. 16,878,600 State trunkline fund...................................................................................................................... 731,847,300 Total other state restricted revenues............................................................................................. 2,184,391,400 State general fund/general purpose.............................................................................................. $ 400,000,000 State general fund/general purpose schedule:   Ongoing state general fund/general purpose................................................... $142,000,000   One-time state general fund/general purpose.................................................. $258,000,000 Sec. 102. DEBT SERVICE State trunkline.............................................................................................................................. $ 194,617,900 Economic development................................................................................................................. 11,672,600 Local bridge fund......................................................................................................................... 2,406,800 Blue Water Bridge fund................................................................................................................ 6,963,600 Airport safety and protection plan............................................................................................... 4,997,700 Comprehensive transportation...................................................................................................... 18,202,200 GROSS APPROPRIATION.......................................................................................................... $ 238,860,800 Appropriated from: Federal revenues: Federal aid - transportation programs.......................................................................................... 45,766,900 Special revenue funds: Blue Water Bridge fund................................................................................................................ 6,963,600 Comprehensive transportation fund.............................................................................................. 18,202,200 Economic development fund........................................................................................................ 11,672,600 Local bridge fund......................................................................................................................... 2,406,800 IRS debt service rebate................................................................................................................ 6,974,200 State aeronautics fund.................................................................................................................. 4,997,700 State trunkline fund...................................................................................................................... 141,876,800 State general fund/general purpose.............................................................................................. $ 0 Sec. 103. COLLECTION, ENFORCEMENT, AND OTHER AGENCY SUPPORT SERVICES MTF grant to department of environmental quality..................................................................... $ 1,310,500 MTF grant to department of state for collection of revenue and fees......................................... 20,000,000 MTF grant to department of treasury........................................................................................... 2,700,000 MTF grant to legislative auditor general...................................................................................... 309,600 STF grant to department of attorney general............................................................................... 2,377,300 STF grant to civil service commission......................................................................................... 5,447,000 STF grant to department of technology, management, and budget.............................................. 1,136,300 STF grant to department of state police....................................................................................... 11,413,900 STF grant to department of treasury............................................................................................ 149,200 STF grant to legislative auditor general....................................................................................... 719,100 SAF grant to department of attorney general............................................................................... 173,800 SAF grant to civil service commission........................................................................................ 150,000 No. 52] [June 3, 2015] JOURNAL OF THE SENATE SAF grant to department of technology, management, and budget............................................. $ SAF grant to department of treasury............................................................................................ SAF grant to legislative auditor general....................................................................................... CTF grant to department of attorney general............................................................................... CTF grant to civil service commission........................................................................................ CTF grant to department of technology, management, and budget............................................. CTF grant to department of treasury............................................................................................ CTF grant to legislative auditor general....................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Comprehensive transportation fund.............................................................................................. Michigan transportation fund....................................................................................................... State aeronautics fund.................................................................................................................. State trunkline fund...................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 104. EXECUTIVE DIRECTION Full-time equated unclassified positions............................................................................. 6.0 Full-time equated classified positions............................................................................... 29.3 Unclassified salaries..................................................................................................................... $ Asset management council........................................................................................................... Commission audit—29.3 FTE positions....................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Michigan transportation fund....................................................................................................... State trunkline fund...................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 105. BUSINESS SUPPORT Full-time equated classified positions............................................................................... 53.0 Business support services—44.0 FTE positions........................................................................... $ Economic development and enhancement programs—9.0 FTE positions................................... Property management................................................................................................................... Worker’s compensation................................................................................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Comprehensive transportation fund.............................................................................................. Economic development fund........................................................................................................ Michigan transportation fund....................................................................................................... State aeronautics fund.................................................................................................................. State trunkline fund...................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 106. INFORMATION TECHNOLOGY Information technology services and projects.............................................................................. $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal aid - transportation programs.......................................................................................... Special revenue funds: Blue Water Bridge fund................................................................................................................ Comprehensive transportation fund.............................................................................................. Economic development fund........................................................................................................ Michigan transportation fund....................................................................................................... $ State aeronautics fund.................................................................................................................. State trunkline fund...................................................................................................................... State general fund/general purpose.............................................................................................. $ 1045 For Fiscal Year Ending Sept. 30, 2016 31,200 75,300 29,700 200,100 200,000 36,800 8,900 38,200 46,506,900 484,000 24,320,100 460,000 21,242,800 0 735,600 1,626,400 3,347,900 5,709,900 1,626,400 4,083,500 0 6,625,800 1,449,200 7,740,500 1,805,200 17,620,700 1,742,700 378,700 777,100 661,900 14,060,300 0 31,429,600 31,429,600 520,500 53,600 217,800 37,200 287,600 170,000 30,142,900 0 1046 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 For Fiscal Year Ending Sept. 30, 2016 Sec. 107. FINANCE, CONTRACTS, AND SUPPORT SERVICES Full-time equated classified positions............................................................................. 185.0 Finance, contracts, and support services—185.0 FTE positions.................................................. $ 21,416,800 GROSS APPROPRIATION.......................................................................................................... $ 21,416,800 Appropriated from: Interdepartmental grant revenues: IDG for accounting service center user charges.......................................................................... 3,928,500 Special revenue funds: Michigan transportation fund....................................................................................................... 1,545,500 State trunkline fund...................................................................................................................... 15,942,800 State general fund/general purpose.............................................................................................. $ 0 Sec. 108. TRANSPORTATION PLANNING Full-time equated classified positions............................................................................. 141.0 Transportation planning—141.0 FTE positions............................................................................ $ 38,213,700 Grants to regional planning councils............................................................................................ 488,800 GROSS APPROPRIATION.......................................................................................................... $ 38,702,500 Appropriated from: Federal revenues: Federal aid - transportation programs.......................................................................................... 20,000,000 Special revenue funds: Comprehensive transportation fund.............................................................................................. 610,500 Michigan transportation fund....................................................................................................... 8,619,300 State aeronautics fund.................................................................................................................. 15,000 State trunkline fund...................................................................................................................... 9,457,700 State general fund/general purpose.............................................................................................. $ 0 Sec. 109. DESIGN AND ENGINEERING SERVICES Full-time equated classified positions.......................................................................... 1,590.3 Systems operations management—460.6 FTE positions.............................................................. $ 78,572,900 Development and delivery—1,079.7 FTE positions..................................................................... 76,247,700 Welcome center operations—50.0 FTE positions........................................................................ 4,457,200 GROSS APPROPRIATION.......................................................................................................... $ 159,277,800 Appropriated from: Federal revenues: Federal aid - transportation programs.......................................................................................... 23,529,800 Special revenue funds: Michigan transportation fund....................................................................................................... 11,913,200 State trunkline fund...................................................................................................................... 123,834,800 State general fund/general purpose.............................................................................................. $ 0 Sec. 110. HIGHWAY MAINTENANCE Full-time equated classified positions............................................................................. 743.7 State trunkline operations—743.7 FTE positions......................................................................... $ 310,692,000 GROSS APPROPRIATION.......................................................................................................... $ 310,692,000 Appropriated from: Special revenue funds: State trunkline fund...................................................................................................................... 310,692,000 State general fund/general purpose.............................................................................................. $ 0 Sec. 111. ROAD AND BRIDGE PROGRAMS State trunkline federal aid and road and bridge construction...................................................... $ 839,663,400 Local federal aid and road and bridge construction..................................................................... 240,443,000 Grants to local programs.............................................................................................................. 33,000,000 Rail grade crossing....................................................................................................................... 3,000,000 Local bridge program................................................................................................................... 26,828,600 County road commissions............................................................................................................ 615,734,000 Cities and villages........................................................................................................................ 343,299,300 GROSS APPROPRIATION.......................................................................................................... $ 2,101,968,300 No. 52] [June 3, 2015] JOURNAL OF THE SENATE Appropriated from: Federal revenues: Federal aid - transportation programs.......................................................................................... $ Special revenue funds: Local funds................................................................................................................................... Blue Water Bridge fund................................................................................................................ Local bridge fund......................................................................................................................... Michigan transportation fund....................................................................................................... State trunkline fund...................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 112. BLUE WATER BRIDGE Full-time equated classified positions............................................................................... 41.0 Blue Water Bridge operations—41.0 FTE positions.................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Blue Water Bridge fund................................................................................................................ State general fund/general purpose.............................................................................................. $ Sec. 113. TRANSPORTATION ECONOMIC DEVELOPMENT Forest roads.................................................................................................................................. $ Rural county urban system........................................................................................................... Target industries/economic redevelopment................................................................................... Urban county congestion.............................................................................................................. Rural county primary................................................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Economic development fund........................................................................................................ State general fund/general purpose.............................................................................................. $ Sec. 114. AERONAUTICS SERVICES Full-time equated classified positions............................................................................... 54.0 Aviation services—54.0 FTE positions........................................................................................ $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: State aeronautics fund.................................................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 115. PUBLIC TRANSPORTATION SERVICES Full-time equated classified positions............................................................................... 36.0 Passenger transportation services—36.0 FTE positions............................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal aid - transportation programs.......................................................................................... Special revenue funds: Comprehensive transportation fund.............................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 116. BUS TRANSIT DIVISION: STATUTORY OPERATING Local bus operating...................................................................................................................... $ Nonurban operating/capital.......................................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal aid - transportation programs.......................................................................................... Special revenue funds: Comprehensive transportation fund.............................................................................................. Local funds................................................................................................................................... State general fund/general purpose.............................................................................................. $ 1047 For Fiscal Year Ending Sept. 30, 2016 982,720,800 30,000,000 10,580,400 26,828,600 995,033,300 56,805,200 0 6,345,700 6,345,700 6,345,700 0 5,000,000 2,500,000 15,385,300 7,942,600 7,942,600 38,770,500 38,770,500 0 7,039,300 7,039,300 7,039,300 0 5,689,500 5,689,500 972,100 4,717,400 0 167,400,000 26,027,900 193,427,900 24,027,900 167,400,000 2,000,000 0 1048 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 For Fiscal Year Ending Sept. 30, 2016 Sec. 117. INTERCITY PASSENGER Full-time equated classified positions............................................................................... 39.0 Office of rail—39.0 FTE positions............................................................................................... $ 6,355,400 Freight property management....................................................................................................... 1,000,000 Detroit/Wayne County Port Authority.......................................................................................... 468,200 Intercity services.......................................................................................................................... 5,690,000 Rail operations and infrastructure................................................................................................ 103,090,400 Marine passenger service............................................................................................................. 400,000 Terminal development.................................................................................................................. 150,000 GROSS APPROPRIATION.......................................................................................................... $ 117,154,000 Appropriated from: Federal revenues: Federal aid - transportation programs.......................................................................................... 64,600,000 Special revenue funds: Local funds................................................................................................................................... 150,000 Private funds................................................................................................................................. 100,000 Comprehensive transportation fund.............................................................................................. 43,449,500 Intercity bus equipment fund........................................................................................................ 140,000 Rail freight fund........................................................................................................................... 6,000,000 Michigan transportation fund....................................................................................................... 2,007,500 State trunkline fund...................................................................................................................... 707,000 State general fund/general purpose.............................................................................................. $ 0 Sec. 118. PUBLIC TRANSPORTATION DEVELOPMENT Specialized services...................................................................................................................... $ 17,938,900 Municipal credit program............................................................................................................. 2,000,000 Transit capital............................................................................................................................... 31,160,800 Van pooling.................................................................................................................................. 195,000 Service initiatives......................................................................................................................... 2,349,800 Transportation to work................................................................................................................. 3,900,000 GROSS APPROPRIATION.......................................................................................................... $ 57,544,500 Appropriated from: Federal revenues: Federal aid - transportation programs.......................................................................................... 16,350,000 Special revenue funds: Local funds................................................................................................................................... 5,635,000 Comprehensive transportation fund.............................................................................................. 35,559,500 State general fund/general purpose.............................................................................................. $ 0 Sec. 119. CAPITAL OUTLAY (1) BUILDINGS AND FACILITIES Special maintenance, remodeling, and additions.......................................................................... $ 3,001,500 GROSS APPROPRIATION.......................................................................................................... $ 3,001,500 Appropriated from: State trunkline fund...................................................................................................................... 3,001,500 State general fund/general purpose.............................................................................................. $ 0 (2) AIRPORT IMPROVEMENT PROGRAMS Airport safety, protection, and improvement program................................................................. $ 95,043,200 GROSS APPROPRIATION.......................................................................................................... $ 95,043,200 Appropriated from: Federal revenues: Federal aid - transportation programs.......................................................................................... 79,000,000 Special revenue funds: Local funds................................................................................................................................... 12,508,500 State aeronautics fund.................................................................................................................. 3,534,700 State general fund/general purpose.............................................................................................. $ 0 Sec. 120. ONGOING STATE GENERAL FUND APPROPRIATIONS State trunkline federal aid and road and bridge construction...................................................... $ 113,000,000 State and local road and bridge programs.................................................................................... 2,478,900 No. 52] [June 3, 2015] JOURNAL OF THE SENATE Transit capital and rail infrastructure........................................................................................... $ Airport safety, protection, and improvement program................................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose - ongoing.............................................................................. $ Sec. 121. ONE-TIME BASIS ONLY State and local road and bridge programs.................................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose - one-time............................................................................. $ PART 2 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2015-2016 1049 For Fiscal Year Ending Sept. 30, 2016 25,000,000 1,521,100 142,000,000 142,000,000 258,000,000 258,000,000 258,000,000 GENERAL SECTIONS Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2015-2016 is $2,584,391,400.00 and state spending from state resources to be paid to local units of government for fiscal year 2015-2016 is $1,438,206,000.00. The itemized statement below identifies appropriations from which spending to local units of government will occur: STATE TRANSPORTATION DEPARTMENT Grants to regional planning councils............................................................................................ $ 488,800 Grants to local programs.............................................................................................................. 33,000,000 Rail grade crossing....................................................................................................................... 3,000,000 Local bridge program................................................................................................................... 26,828,600 Grants to county road commissions............................................................................................. 615,734,000 Grants to cities and villages......................................................................................................... 343,299,300 Economic development fund........................................................................................................ 23,385,200 Local bus operating...................................................................................................................... 167,400,000 Detroit/Wayne County Port Authority.......................................................................................... 468,200 Marine passenger service............................................................................................................. 400,000 Terminal development.................................................................................................................. 150,000 Specialized services...................................................................................................................... 3,853,900 Municipal credit program............................................................................................................. 2,000,000 Transit capital............................................................................................................................... 24,610,800 Service initiatives......................................................................................................................... 999,800 Transportation to work................................................................................................................. 3,900,000 Airport safety, protection, and improvement program................................................................. 5,055,800 Transit capital and rail infrastructure........................................................................................... 25,000,000 State and local road and bridge programs.................................................................................... 158,631,600 Total payments to local units of government............................................................................... $ 1,438,206,000 Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. Sec. 203. As used in this part and part 1: (a) “Amtrak” means the National Railroad Passenger Corporation. (b) “CTF” means comprehensive transportation fund. (c) “Department” means the state transportation department. (d) “Director” means the director of the department. (e) “DOT” means the United States Department of Transportation. (f) “DOT-FHWA” means DOT, Federal Highway Administration. (g) “FTE” means full-time equated. (h) “IDG” means interdepartmental grant. (i) “IRS” means the Internal Revenue Service. (j) “MTF” means Michigan transportation fund. (k) “SAF” means state aeronautics fund. (l) “STF” means state trunkline fund. Sec. 204. In addition to the metrics required under section 447 of the management and budget act, 1984 PA 431, MCL 18.1447, for each new program or program enhancement for which funds in excess of $500,000.00 are appropriated in 1050 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 part 1, the department shall provide not later than November 1, 2015 a list of program-specific metrics intended to measure its performance based on a return on taxpayer investment. The department shall deliver the program-specific metrics to members of the senate and house subcommittees that have subject matter jurisdiction for this budget, fiscal agencies, and the state budget director. The department shall provide an update on its progress in tracking program-specific metrics and the status of program success at an appropriations subcommittee meeting called for by the subcommittee chair. Sec. 205. The department shall provide notice to the speaker of the house, the house minority leader, the senate majority leader, the senate minority leader, the house and senate standing committees on transportation, the appropriate house and senate appropriations subcommittees on transportation, and the house and senate fiscal agencies on proposed federal rule changes related to the department that would require amendments to the laws of this state. The notice shall be given within 30 business days of the proposed federal rule being posted to the federal register and shall include a description of the proposed federal rule, the publication date, the date when public comment closes, the document citation, and a description of the statutory changes needed when the rule is finalized. Sec. 206. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $200,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $40,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 207. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following: (a) Fiscal year-to-date expenditures by category. (b) Fiscal year-to-date expenditures by appropriation unit. (c) Fiscal year-to-date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description. (d) The number of active department employees by job classification. (e) Job specifications and wage rates. Sec. 208. The departments and agencies receiving appropriations in part 1 shall use the Internet to fulfill the reporting requirements of this part. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an Internet or Intranet site. Sec. 209. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality. Sec. 210. The director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. Each director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both. Sec. 215. A department shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff. Sec. 228. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year-end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies. Sec. 229. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the senate and house appropriations chairs, the senate and house appropriations subcommittees on transportation, respectively, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2015 and September 30, 2016. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1051 Sec. 233. Not later than April 1, the department shall prepare and transmit a report that provides detail regarding the department’s expenditures for administration and planning associated with local units of government. The report shall list the portion of all the expenditures from part 1 that are allocated for administration and planning that are associated with the disbursement of all local funds. The report shall be transmitted to the office of the state budget, the senate and house appropriations chairs, the senate and house appropriations subcommittees on transportation, respectively, and the senate and house fiscal agencies. Sec. 235. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the agency’s performance. Sec. 260. The departments and agencies receiving appropriations in part 1 shall prepare a report on out-of-state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the senate and house appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information: (a) The dates of each travel occurrence. (b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues. Sec. 262. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those activities that the attorney general authorizes. Sec. 270. In order to reduce costs and maintain quality, it is the intent of the legislature that, excluding the fleet of motor vehicles for the department of state police, the department will prioritize the utilization of remanufactured parts as the primary means of maintenance and repair for the state of Michigan’s fleet of motor vehicles. Sec. 271. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2016 are $68,873,400.00. From this amount, total agency appropriations for pension-related legacy costs are estimated at $39,092,200.00. Total agency appropriations for retiree health care legacy costs are estimated at $29,781,200.00. DEPARTMENTAL SECTIONS Sec. 301. (1) The department may establish a fee schedule and collect fees sufficient to cover the costs to issue the permits that the department is authorized by law to issue upon request, unless otherwise stipulated by law. All permit fees are nonrefundable application fees and shall be credited to the appropriate fund to recover the direct and indirect costs of receiving, reviewing, and processing the requests. (2) A bridge authority shall hold 3 public hearings on an increase in any toll charged by the authority at least 30 days before the toll change will become effective. Two of the hearings shall be held within 5 miles of the bridge over which the bridge authority has jurisdiction. One hearing shall be held in Lansing. Public hearings held under this section shall be conducted in accordance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, and shall be conducted so as to provide a reasonable opportunity for public comment, including both spoken and written comments. Sec. 304. If, as a requirement of bidding on a highway project, the department requires a contractor to submit financial or proprietary documentation as to how the bid was calculated, that bid documentation shall be kept confidential and shall not be disclosed other than to a department representative without the contractor’s written consent. The department may disclose the bid documentation if necessary to address or defend a claim by a contractor. Sec. 305. (1) The department may permit space on public passenger transportation properties to be occupied by public or private tenants on a competitive market rate basis. The department shall require that revenue from the tenants be placed in an account to be used to pay the costs to maintain and improve the property. (2) The department shall charge public transit agencies and intercity bus carriers equal rates per square foot for leasing space in state-owned intermodal facilities. Sec. 306. (1) The amounts appropriated in part 1 to support tax and fee collection, law enforcement, and other program services provided to the department and to transportation funds by other state departments shall be expended from transportation funds pursuant to annual contracts between the department and those other state departments. The contracts shall be executed prior to the expenditure or obligation of those funds. The contracts shall provide, but are not limited to, the following data applicable to each state department: (a) Estimated costs to be recovered from transportation funds. (b) Description of services provided to the department and/or transportation funds and financed with transportation funds. (c) Detailed cost allocation methods appropriate to the type of services being provided and the activities financed with transportation funds. (2) Not later than 2 months after publication of the state of Michigan comprehensive annual financial report, each state department receiving funding pursuant to an interdepartment contract with the department shall submit a written report 1052 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 to the department, the state budget director, and the house and senate fiscal agencies stating by spending authorization account the amount of estimated funds contracted with the department, the amount of funds expended, the amount of funds returned to the transportation funds, and any unreimbursed transportation-related costs incurred but not billed to transportation funds. A copy of the report shall be submitted to the auditor general, and the report shall be subject to audit by the auditor general as provided in subsection (3). (3) Biennially, in each even-numbered fiscal year, the auditor general shall conduct an audit of charges to transportation funds by state departments for the 2 preceding fiscal years. The audit shall include both charges governed by inter­ depart­mental contracts as well as miscellaneous charges from other state departments not governed by contracts. The auditor general shall prepare a detailed report, with recommendations and conclusions, including a summary of charges and related services to transportation funds by department, the appropriateness of those charges, the cost allocation methodologies used in determining the level of funding, and any unreimbursed transportation-related costs, if any. The report shall be provided to the senate and house of representatives committees on appropriations, the senate and house fiscal agencies, and the state budget director 9 months after publication of the state of Michigan comprehensive annual financial report. Sec. 307. Before March 1 of each year, the department will provide to the legislature, the state budget office, and the house and senate fiscal agencies its rolling 5-year plan listing by county or by county road commission all highway construction projects for the fiscal year and all expected projects for the ensuing fiscal years. Sec. 308. (1) As prescribed in subsection (2), the department shall submit reports to the state budget director, the house and senate appropriations subcommittees on transportation, and the house and senate fiscal agencies on department activities related to the prequalification of construction contractors under 1933 PA 170, MCL 123.501 to 123.508, and related administrative rules. The report shall be submitted on or before March 1, 2016. (2) The report shall include all of the following: (a) A description of the department’s processes and procedures for evaluating construction contractor performance on capital construction projects administered by the department including state trunkline projects, rail infrastructure projects, local agency federal-aid highway projects, and airport improvement projects. (b) Criteria that would cause the department to rate contractor performance as unsatisfactory. (c) The impact, if any, on a contractor’s prequalification if given an unsatisfactory performance rating by the department. (d) A description of all department actions related to unsatisfactory contractor performance ratings and restrictions on contractor prequalification during the fiscal year ending September 30, 2015. Sec. 310. The department shall provide in a timely manner copies of the agenda and approved minutes of monthly transportation commission meetings to the members of the house and senate appropriations subcommittees on transportation, the house and senate fiscal agencies, and the state budget director. Sec. 313. (1) From funds appropriated in part 1, the department may increase a state infrastructure bank program and grant or loan funds in accordance with regulations of the state infrastructure bank program of the United States Depart­ ment of Transportation. The state infrastructure bank is to be administered by the department for the purpose of providing a revolving, self-sustaining resource for financing transportation infrastructure projects. (2) In addition to funds provided in subsection (1), money received by the state as federal grants, repayment of state infrastructure bank loans, or other reimbursement or revenue received by the state as a result of projects funded by the program and interest earned on that money shall be deposited in the revolving state infrastructure bank fund and shall be available for transportation infrastructure projects. At the close of the fiscal year, any unencumbered funds remaining in the state infrastructure bank fund shall remain in the fund and be carried forward into the succeeding fiscal year. (3) The department shall submit a report to the state budget director, the house and senate appropriations subcommittees on transportation, and the house and senate fiscal agencies on the status of the state infrastructure bank. The report shall be submitted on or before December 1, 2015. The report shall include all of the following: (a) The balance in the state infrastructure bank at September 30, 2015, including a breakdown of the balance by cash and cash equivalents, outstanding loans, and balance available for loan to local agencies. (b) A breakdown of the state infrastructure loan balance by amounts designated as originating from federal sources and the amounts originating from nonfederal sources. (c) A list of outstanding loans by agency, original loan amount, project description, loan term, and amount outstanding. Sec. 319. The department shall post signs at each rest area to identify the agency or contractor responsible for main­ tenance of the rest area. The signs shall include a department telephone number and shall indicate that unsafe or unclean conditions at the rest area may be reported to that telephone number. Sec. 353. The department shall review its contractor payment process and ensure that all prime contractors are paid promptly. The department shall ensure that prime contractors are in compliance with special provision 109.10 regarding the prompt payment of subcontractors. Sec. 357. When presented with complete local federal aid project submittals, the department shall complete all necessary reviews and inspections required to let local federal aid projects within 120 days of receipt. The department shall implement a system for monitoring the local federal aid project review process. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1053 Sec. 375. The department is prohibited from reimbursing contractors or consultants for costs associated with ground­ breaking ceremonies, receptions, open houses, or press conferences related to transportation projects funded, in whole or in part, by revenue appropriated in part 1. Sec. 376. The department shall not spend funds appropriated in part 1 for the purpose of examining the potential association between commercial signs, outdoor advertising signs, billboards, digital billboards, or commercial electronic variable message signs and motor vehicle activity or motor vehicle driver behavior. Sec. 381. The department shall require as a condition of each contract or subcontract for construction, maintenance, or engineering services that the prequalified contractor or prequalified subcontractor agree to use the E-Verify system to verify that all persons hired during the contract term by the contractor or subcontractor are legally present and authorized to work in the United States. The department may verify this information directly or may require contractors and subcontractors to verify the information and submit a certification to the department. The department shall report to the house and senate appropriations committees and the house and senate fiscal agencies by March 1 of each year describing the processes it has developed and implemented under provisions of this section. As used in this section, “E-Verify” means an Internet-based system operated by the Department of Homeland Security, U.S. Citizenship and Immigration Services in partnership with the Social Security Administration. Sec. 382. In administering a contract with a county road commission, city, or village that allocates costs of construction or reconstruction of highways, roads, and streets as provided in section 18d of 1951 PA 51, MCL 247.668d, the department shall submit the final cost-sharing bill to the county road commission, city, or village not later than 2 years after the date of the final contract payment to the construction contractor. Sec. 383. (1) The department shall prepare a report on use of department-owned aircraft during the fiscal year ending September 30, 2015. With respect to each department-owned aircraft, the report shall include all of the following: (a) Total hours of usage. (b) Description of specific flights including dates of travel, names of passengers including state agency, university, or local government affiliation, travel origin and destination, and total estimated costs associated with the air travel. (2) The report shall be submitted to the senate and house appropriations subcommittees on transportation and the house and senate fiscal agencies no later than February 1, 2016. (3) The department shall maintain a system for recovering the cost of operating department-owned aircraft through charges to aircraft users. (4) From the funds appropriated in part 1, the department is prohibited from transporting legislators or legislative staff on state-owned aircraft without prior approval from the senate majority leader or the speaker of the house of representatives and only when the aircraft is already scheduled by state agencies on related official state business. (5) It is the intent of the legislature that the department work with the Michigan state police to establish a reciprocal agreement on employing fixed-wing aircraft with specifically designed equipment for use by the Michigan state police when conducting operations. Sec. 384. (1) Except as otherwise provided in subsection (2), the department shall not obligate the state to expend any state transportation revenue for construction planning or construction of the Detroit River International Crossing or a renamed successor. In addition, except as provided in subsection (2), the department shall not commit the state to any new contract related to the construction planning or construction of the Detroit River International Crossing or a renamed successor that would obligate the state to expend any state transportation revenue. An expenditure for staff resources used in connection with project activities, which expenditure is subject to full and prompt reimbursement from Canada, shall not be considered an expenditure of state transportation revenue. (2) If the legislature enacts specific enabling legislation for the construction of the Detroit River International Crossing or a renamed successor, subsection (1) does not apply once the enabling legislation goes into effect. Sec. 385. (1) The department shall submit reports to the state budget director, the speaker of the house, the house minority leader, the senate majority leader, the senate minority leader, the house and senate appropriations subcommittees on transportation, and the house and senate fiscal agencies on department activities related to all nonconstruction or construction planning activities related to the Detroit River International Crossing or a renamed successor. The initial report shall be submitted on or before December 1, 2015 and shall cover the fiscal year ending September 30, 2015. (2) The initial report shall include, at a minimum, all of the following: (a) Department costs incurred in the fiscal year ending September 30, 2015, including employee salaries, wages, benefits, travel, and contractual services, and what activities those costs were related to. (b) Costs of other executive branch agencies incurred in the fiscal year ending September 30, 2015, including employee salaries, wages, benefits, travel, and contractual services, and what activities those costs were related to. (c) A breakdown of the source of funds used for the activities described in subdivisions (a) and (b). (d) A breakdown of reimbursements made by Canada under section 384(1) to the state for expenditures for staff resources used in connection with project activities. (e) A narrative description of the status of the Detroit River International Crossing or a renamed successor, including efforts undertaken to implement provisions of the crossing agreement executed June 15, 2012 by representatives of the Canadian government and this state. 1054 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (3) After submission of the initial report, a subsequent report shall be submitted on March 1, 2016, June 1, 2016, and September 1, 2016 and shall include the same information described in subsection (2) for the applicable previous fiscal quarter. Sec. 393. (1) The department shall promote best practices for public transportation services in this state, including, but not limited to, the following: (a) Transit vehicle rehabilitation to reduce life-cycle cost of public transportation through midlife rehabilitation of transit buses. (b) Cooperation between entities using transit, including school districts, cities, townships, and counties with a view to promoting cost savings through joint purchasing of fuel and other procurements. (c) Coordination of transportation dollars among state departments which provide transit-related services, including the department of health and human services. Priority should be given to use of public transportation services where available. (d) Promotion of intelligent transportation services for buses that incorporate computer and navigation technology to make transit systems more efficient, including stoplight coordinating, vehicle tracking, data tracking, and computerized scheduling. (2) The department shall report on efforts taken to implement this section as well as section 393 of article XVII of 2011 PA 63. The department shall complete and submit the report to the state budget director, the house and senate appropriations subcommittees on transportation, and the house and senate fiscal agencies on or before March 1, 2016. Sec. 394. The department and local road agencies shall make the preservation of their existing road networks a funding priority. FEDERAL Sec. 402. A portion of the federal DOT-FHWA highway research, planning, and construction funds made available to this state shall be allocated to transportation programs administered by local jurisdictions in accordance with section 10o of 1951 PA 51, MCL 247.660o. A local road agency, with respect to a project approved for federal aid funding in a state transportation improvement program, may enter into a voluntary buyout agreement with the department or with another local road agency to exchange the federal aid with state restricted transportation funds as agreed to by the respective parties. The state restricted transportation funds received in exchange for federal aid funds shall be used for the same purpose as the federal aid funds were originally intended. MICHIGAN TRANSPORTATION FUND Sec. 501. The money received under the motor carrier act, 1933 PA 254, MCL 475.1 to 479.43, and not appropriated to the department of licensing and regulatory affairs or the department of state police is deposited in the Michigan transportation fund. Sec. 503. (1) The funds appropriated in part 1 for the economic development and local bridge programs shall not lapse at the end of the fiscal year but shall carry forward each fiscal year for the purposes for which appropriated in accordance with 1987 PA 231, MCL 247.901 to 247.913, and section 10(5) of 1951 PA 51, MCL 247.660. (2) Interest earned in the department of transportation economic development fund and local bridge fund shall remain in the respective funds and shall be allocated to the respective programs based on actual interest earned at the end of each fiscal year. (3) In addition to the funds appropriated in part 1, the department of transportation economic development fund and local bridge fund may receive federal, local, or private funds or restricted source funds such as interest earnings. These funds are appropriated for projects that are consistent with the purposes of the respective funds. (4) None of the funds statutorily dedicated to the transportation economic development fund and local bridge fund shall be diverted to other projects. Sec. 504. Funds from the Michigan transportation fund shall be distributed to the comprehensive transportation fund, the economic development fund, the recreation improvement fund, and the state trunkline fund, in accordance with this part and part 1 and part 711 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.71101 to 324.71108, and may only be used as specified in this part and part 1, 1951 PA 51, MCL 247.651 to 247.675, and part 711 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.71101 to 324.71108. STATE TRUNKLINE FUND Sec. 601. (1) The department shall work with the road construction industry and engineering consulting community to develop a warranty program for capital road and bridge construction, reconstruction, and rehabilitation projects. In developing the warranty program, the department shall consider all of the following: (a) Scope of warranties, including warranties on materials and workmanship, pavement or bridge performance criteria, and the application of warranties to design/build projects. (b) Length of warranty. (c) Costs and benefits associated with scope of warranty and various warranty provisions, including length of warranty. (d) Any other relevant factors that might determine the use of warranties, scope of warranty, or length of warranty. (e) Use of warranties on local agency projects administered by the department. (f) Other measures used to identify premature failure of road pavement or bridge elements and the related cause of those failures. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1055 (2) The department shall report on March 1 of each year to the house of representatives and senate appropriations subcommittees on transportation and the house and senate fiscal agencies on provisions of the department’s warrant program described under subsection (1). The department shall timely inspect warrantied projects prior to the expiration of any associated warranty. (3) The department shall report to the legislature all of the following with regard to road and bridge construction projects: (a) An update on procedures involving the attorney general’s office regarding nonresponsive contractors that had received notice but failed to fulfill the terms of a warranty. (b) An update on any upgrades and improvements to the statewide warranty administrative database. (c) The number of active road and bridge construction warranties. (d) The number of road and bridge project warranties that required corrective action, and the date or dates of any corrective action. (e) The number of warrantied projects that required corrective action but expired prior to the contractor receiving notice and the total cost of each of those projects. (f) The number of instances where a contractor was notified of the need for corrective action more than 60 days after the associated warranty period. (g) The number of unresolved corrective actions outstanding beyond 15 months, and the department’s findings and any changes to existing policies and procedures as required in subsection (5). (4) The report required under subsection (3) is due on March 1 of each calendar year, shall reflect the prior 12-month period, and shall be transmitted to the house of representatives and senate appropriations subcommittees on transportation, the state budget director, and the house and senate fiscal agencies. (5) The department shall maintain documentation to support initial acceptance of warrantied projects, interim and final inspections, and notifications to contractors that the warranty period had expired. The department also shall review and evaluate consultant evaluation requirements or recommendations and update existing policies and procedures accordingly. Sec. 603. The department shall use traffic congestion as 1 of the criteria in determining the priorities for designating which roads shall be remediated in its 5-year road plan, which must be submitted on or before March 1 of each year. Criteria for evaluating traffic congestion shall include, but not be limited to, coordination with local, county, and regional planning, improvement in traffic operations, improvement in physical roadway conditions, accident reduction, and coordination with area public transportation planning. Sec. 604. At the close of the fiscal year, any unencumbered and unexpended balance in the state trunkline fund shall remain in the state trunkline fund and shall carry forward and is appropriated for federal aid road and bridge programs for projects contained in the annual state transportation program. Sec. 610. The department shall have as a priority the removal of dead deer and other large animal remains from the traveled portion and shoulder of state highways. The department, and counties that perform state highway maintenance under contract, shall remove animal remains, wherever practicable and when funds are available, away from the traveled portion and shoulder of state highways. Sec. 612. The department shall establish guidelines governing incentives and disincentives provided under contracts for state trunkline projects. The guidelines shall include specific financial information concerning incentives and disincentives. On or before January 1 of each year, the department shall prepare a report for the immediately preceding fiscal year regarding contract incentives and disincentives. This report shall include a list, by project, of the contractors that received contract incentives and/or disincentives, the amount of the incentives and/or disincentives, the fund source of any incentives, and the number of days that each project was completed either ahead or past the contracted completion date. This report shall be provided to the senate and house appropriations subcommittees on transportation, the senate and house standing committees on transportation, and the senate and house fiscal agencies. Sec. 660. (1) The legislature encourages the department to examine the use of alternative road surface materials, including recycled materials, and to develop criteria and specifications for their use in both department-managed and contracted projects. (2) The department shall evaluate the use of a bituminous mix which incorporates crumb rubber from scrap tires. (3) The department shall report on efforts taken to implement this section. The report shall include descriptions of specific materials evaluated, evaluation methods, and results of specific field or laboratory tests. The department shall complete and submit the report to the state budget director, the house and senate appropriations subcommittees on transportation, and the house and senate fiscal agencies on or before March 1 of each year. TRANSIT AND RAIL RELATED FUNDS Sec. 701. The department shall establish an intercity bus equipment and facility fund as a subsidiary fund within the comprehensive transportation fund created under section 10b of 1951 PA 51, MCL 247.660b. Proceeds received by this state from the sale of state-owned intercity bus equipment shall be credited to the intercity bus equipment facility fund for the purchase and repair of intercity bus equipment, as appropriated. Security deposits not returned to a lessee of state-owned intercity bus equipment under terms of the lease agreement shall be credited to the intercity bus equipment fund for the repair of intercity bus equipment, as appropriated. Money received by the department from lease payments 1056 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 for state-owned intercity bus equipment, and facility maintenance charges under terms of leases of state-owned intercity facilities, shall be credited to the intercity bus equipment facility fund for the purchase and repair of intercity bus equipment or for the maintenance and rehabilitation of state-owned intercity facilities, as appropriated. At the close of the fiscal year, any funds remaining in the intercity bus equipment facility fund shall remain in the fund and be carried forward into the succeeding fiscal year. Sec. 702. Money that is received by this state as repayment for loans made for rail or water freight capital projects, and as a result of the sale of property or equipment used or projected to be used for rail or water freight projects shall be deposited in the rail freight fund created by section 17 of the state transportation preservation act of 1976, 1976 PA 295, MCL 474.67. At the close of the fiscal year, any funds remaining in the rail freight fund shall remain in the fund and be carried forward into the succeeding fiscal year. Sec. 703. After receiving notification from a railroad company pursuant to section 8 of the state transportation preservation act of 1976, 1976 PA 295, MCL 474.58, the department shall immediately notify the house of representatives and senate appropriations subcommittees on transportation and the state budget office that the railroad company has filed with the appropriate governmental agencies for abandonment of a line. Sec. 706. The Detroit/Wayne County Port Authority shall issue a complete operations assessment and a financial disclosure statement. The operations assessment shall include operational goals for the next 5 years and recommendations to improve land acquisition and development efficiency. The report shall be completed and submitted to the house of representatives and senate appropriations subcommittees on transportation, the state budget director, and the house and senate fiscal agencies by February 15 of each fiscal year for the prior fiscal year. Sec. 711. (1) As prescribed in subsection (2), the department shall submit reports to the state budget director, the house and senate appropriations subcommittees on transportation, and the house and senate fiscal agencies on rail passenger service provided by Amtrak under a contractual agreement with the department. The report shall be submitted on or before May 1 of each year. (2) The report shall include all of the following: (a) Passenger counts for the preceding fiscal year for each of the 3 Amtrak routes in Michigan. (b) Revenue and operating expenses by Amtrak route. (c) Total state operating payments to Amtrak in the preceding fiscal year by Amtrak route. (d) A discussion of major factors affecting route costs and revenue and net state costs in the preceding fiscal year, and factors affecting route costs and revenue and net state costs anticipated in the current and future fiscal years. Sec. 713. On or before November 1, 2015, the department shall report to the state budget director, the house and senate appropriations subcommittees on transportation, and the house and senate fiscal agencies on the status of commuter rail demonstration projects in the state, including the disposition of rail cars leased by the department for commuter rail service. Sec. 735. For the fiscal year ending September 30, 2016, the appropriation to a street railway pursuant to section 10e(22) of 1951 PA 51, MCL 247.660e, is $0. AERONAUTICS FUND Sec. 801. Except as otherwise provided in section 903 for capital outlay, at the close of the fiscal year, any unobligated and unexpended balance in the state aeronautics fund created in the aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.1 to 259.208, shall lapse to the state aeronautics fund and be appropriated by the legislature in the immediately succeeding fiscal year. Sec. 802. The legislature encourages the department to find private entities or local public agencies to assume ownership and operating responsibility for airports currently owned by the department. CAPITAL OUTLAY Sec. 901. (1) From federal-state-local project appropriations contained in part 1 for the purpose of assisting political entities and subdivisions of this state in the construction and improvement of publicly used airports and landing fields within this state, the state transportation department may permit the award of contracts on behalf of units of local government for the authorized locations not to exceed the indicated amounts, of which the state allocated portion shall not exceed the amount appropriated in part 1. (2) Political entities and subdivisions shall provide not less than 5% of the cost of any project under this section, unless a total nonfederal share greater than 10% is otherwise specified in federal law. State money shall not be allocated until local money is allocated. State money for any 1 project shall not exceed 1/3 of the total appropriation in part 1 from state funds for airport improvement programs. (3) The Michigan aeronautics commission may take those steps necessary to match federal money available for airport construction and improvement within this state and to meet the matching requirements of the federal government. Whether acting alone or jointly with another political subdivision or public agency or with this state, a political subdivision or public agency of this state shall not submit to any agency of the federal government a project application for airport planning or development unless it is authorized in this part and part 1 and the project application is approved by the governing body of each political subdivision or public agency making the application and by the Michigan aeronautics commission. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1057 Sec. 903. The appropriations in part 1 for capital outlay shall be carried forward at the end of the fiscal year consistent with the provisions of section 248 of the management and budget act, 1984 PA 431, MCL 18.1248. ONE-TIME AND ONGOING GENERAL FUND APPROPRIATIONS Sec. 1001. The state general fund/general purpose appropriation in part 1 for state trunkline federal aid and road and bridge construction shall be used to ensure that the state match all available federal-aid highway funds. Sec. 1002. The general fund/general purpose appropriation in part 1 for state and local road and bridge programs shall be distributed to the state trunkline fund, county road commissions, and cities and villages in the same percentages described in section 10(1)(j) of 1951 PA 51, MCL 247.660. Funds distributed to county road commissions under this section shall be distributed among the county road commissions in accordance with section 12 of 1951 PA 51, MCL 247.662. Funds distributed to cities and villages under this section shall be distributed among cities and villages in accordance with section 13 of 1951 PA 51, MCL 247.663. Sec. 1003. By December 1, 2016, the department shall report to the house and senate appropriations subcommittees on transportation, and the house and senate fiscal agencies, on the use of general fund/general purpose funds appropriated in part 1 for transit capital and rail infrastructure. The report shall include a summary of funds expended, encumbered, and lapsed for both transit capital and rail infrastructure. With regard to transit capital projects, the report shall include grantees, grant amounts, project description, and project completion dates. With regard to rail infrastructure projects, the report shall include grant amounts, project description, and project completion dates. Sec. 1006. The department shall prepare a report regarding progress on the construction of a new rail tunnel crossing of the Detroit River between the city of Detroit and Windsor, Ontario, Canada, referenced in the balance of this section as “the project”. On November 10, 2015, the department shall provide the report to the house and senate transportation appropriations subcommittees and the house and senate fiscal agencies. The report shall include the following: (a) Whether the project has obtained all necessary environmental and cross-border crossing permits from the governments of Canada and the United States. (b) Whether the project is included in the long-range transportation plan of the southeast Michigan council of governments. (c) Whether the department is satisfied that the project will accommodate not fewer than 400,000 rail cars per year. (d) Whether the department is satisfied that the project will be available for use by all rail companies. (e) Whether the department is satisfied that all approvals necessary for the completion of the project have been secured. PART 2A PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS FOR FISCAL YEAR 2016-2017 GENERAL SECTIONS Sec. 1201. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2017 for the line items listed in part 1. The fiscal year 2016-2017 appropriations are anticipated to be the same as those for fiscal year 2015-2016, except that the line items will be adjusted for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2016 consensus revenue estimating conference. Third: That the Senate and House agree to the title of the bill to read as follows: A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2016 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations. Dave Hildenbrand Arlan B. Meekhof Conferees for the Senate Al Pscholka Jon Bumstead Harvey Santana Conferees for the House he question being on the adoption of the conference report, T The first conference report was adopted, a majority of the members serving voting therefor, as follows: Roll Call No. 251 Yeas—22 Booher Horn Meekhof Schmidt Brandenburg Jones Nofs Schuitmaker Casperson Knollenberg O’Brien Shirkey 1058 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 Green Kowall Proos Stamas Hansen MacGregor Robertson Zorn Hildenbrand Marleau Nays—16 Ananich Bieda Colbeck Emmons Gregory Hertel Hood Hopgood Hune Rocca Johnson Smith Knezek Warren Pavlov Young Excused—0 Not Voting—0 In The Chair: President enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. Protests Senators Gregory and Ananich, under their constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of the first conference report on Senate Bill No. 133. Senator Gregory’s statement, in which Senator Ananich concurred, is as follows: I rise to offer a “no” vote explanation to Senate Bill No. 133, the Senate General Omnibus budget. When this bill first passed the Senate, I expressed my concerns with this budget, and in particular, the detrimental cuts to the Department of Health and Human Services budget. Sadly, a month later as this bill comes out of conference committee, a majority of these issues still remain. Michigan citizens, especially our most vulnerable—kids, low-income families, and seniors— depend on these programs and services to survive. Going against the Governor’s recommendation, this budget moves forward with the closure of the W.J. Maxey Boys Training School. The W.J. Maxey facility offers intensive rehabilitation for delinquent male youths, including intensive mental health treatment, educational programs, substance abuse counseling, restorative justice, and many more. Forty percent of youth in public facilities like Maxey have already been kicked out of private facilities. Closing Maxey increases the likelihood that these young men will end up being placed in out-of-state facilities, on the streets, or in adult prisons. This means that instead of helping rehabilitate and redeem these troubled young men, this budget is putting their safety in danger and jeopardizing our communities. This budget also takes $300,000 in vital taxpayer dollars and dedicates it to the unnecessary Family Independence Program drug testing pilot program. With so many other important areas in the budget being cut, we should not be spending these valuable resources on political grandstanding that has proven ineffective elsewhere. The states that already do this are spending a lot of money to filter out very few drug users. Furthermore, taking assistance away from a family doesn’t help get people into treatment programs. It punishes children for the actions of their parents or guardians, and it doesn’t do anything to solve the underlying problem. Instead of wasting money on a program that doesn’t work, let’s use that money on various other priorities to help parents and children. This budget also continues misguided policies of reducing important Department of Human Services field staff and closing offices at a time when the public assistance caseload-to-worker ratio is around 800 to 1. In this bill, 233 DHS positions are being eliminated. Last month, my colleagues and I sought to restore the 100 DHS field staff positions that the department laid off earlier in the year, but that amendment was defeated along party lines. With our citizens in need and our workers ridiculously overburdened, we should be increasing staff, not the other way around. Instead of cutting DHS staff, we should be ensuring that the people we represent are getting the services they need. These are some of my main concerns with the General Omnibus budget before us, but they only represent one department. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1059 By unanimous consent the Senate proceeded to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar: House Bill No. 4451 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: House Bill No. 4451, entitled A bill to amend 1975 PA 120, entitled “Michigan commercial feed law,” by amending sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 (MCL 287.521, 287.522, 287.523, 287.524, 287.525, 287.526, 287.527, 287.528, 287.529, 287.530, 287.531, 287.532, 287.533, 287.534, and 287.535), sections 3 and 6 as amended by 1980 PA 338, and by adding sections 16, 17, 18, and 19. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 252 Yeas—22 Booher Horn Meekhof Schmidt Brandenburg Jones Nofs Schuitmaker Casperson Knollenberg O’Brien Shirkey Green Kowall Proos Stamas Hansen MacGregor Robertson Zorn Hildenbrand Marleau Nays—16 Ananich Bieda Colbeck Emmons Gregory Hertel Hood Hopgood Hune Rocca Johnson Smith Knezek Warren Pavlov Young Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to license and regulate the manufacture and distribution of commercial feeds; to require fees; to prescribe penalties; and to repeal certain acts and parts of acts,”. The Senate agreed to the full title. Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage: House Bill No. 4449 The motion prevailed, a majority of the members serving voting therefor. 1060 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 The following bill was announced: House Bill No. 4441, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec­ tions 3104, 3118, 3120, 3122, 4112, 11525a, 17303, and 17317 (MCL 324.3104, 324.3118, 324.3120, 324.3122, 324.4112, 324.11525a, 324.17303, and 324.17317), sections 3104, 3118, 3120, and 3122 as amended by 2011 PA 90, section 4112 as amended by 2010 PA 302, section 11525a as amended by 2013 PA 72, section 17303 as added by 2008 PA 394, and section 17317 as added by 2008 PA 395. (This bill was read a third time on May 26 and consideration postponed. See Senate Journal No 50, p. 809.) The question being on the passage of the bill, Senator Hildenbrand offered the following amendment: 1. Amend page 17, line 12, after “Until” by striking out “October 1, 2016” and inserting “DECEMBER 31, 2015”. The amendment was adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 253 Yeas—22 Booher Jones Nofs Schuitmaker Casperson Knollenberg O’Brien Shirkey Green Kowall Proos Smith Hansen MacGregor Robertson Stamas Hildenbrand Marleau Schmidt Zorn Horn Meekhof Nays—16 Ananich Emmons Bieda Gregory Brandenburg Hertel Colbeck Hood Hopgood Pavlov Hune Rocca Johnson Warren Knezek Young Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: House Bill No. 4449 Senate Bill No. 62 The motion prevailed. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1061 The following bill was read a third time: House Bill No. 4449, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 5522 (MCL 324.5522), as amended by 2011 PA 164. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 254 Yeas—20 Casperson Jones Meekhof Schuitmaker Green Knollenberg Nofs Shirkey Hansen Kowall O’Brien Smith Hildenbrand MacGregor Proos Stamas Hune Marleau Schmidt Zorn Nays—18 Ananich Emmons Horn Robertson Bieda Gregory Johnson Rocca Booher Hertel Knezek Warren Brandenburg Hood Pavlov Young Colbeck Hopgood Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 62, entitled A bill to amend 1937 PA 103, entitled “An act to prescribe certain conditions relative to the execution of instruments entitled to be recorded in the office of the register of deeds,” by amending section 3 (MCL 565.203). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 255 Ananich Bieda Yeas—38 Hertel Hildenbrand Kowall Rocca MacGregor Schmidt 1062 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. By unanimous consent the Senate returned to the order of Messages from the House Senator Kowall moved that rule 3.202 be suspended to permit immediate consideration of the following bill: Senate Bill No. 100 The motion prevailed, a majority of the members serving voting therefor. Senate Bill No. 100, entitled A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 22 (MCL 205.22), as amended by 2007 PA 194. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1). The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 256 Yeas—38 Ananich Hertel Bieda Hildenbrand Booher Hood Brandenburg Hopgood Casperson Horn Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Smith No. 52] Colbeck Emmons Green Gregory Hansen [June 3, 2015] JOURNAL OF THE SENATE 1063 Hune O’Brien Stamas Johnson Pavlov Warren Jones Proos Young Knezek Robertson Zorn Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 304, entitled A bill to amend 2008 PA 429, entitled “Scrap metal regulatory act,” by amending section 6 (MCL 445.426), as added by 2014 PA 99. The House of Representatives has amended the bill as follows: 1. Amend page 5, line 7, by striking out all of enacting section 1. The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the amendment made to the bill by the House, The amendment was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 257 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 1064 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 133, entitled A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2016 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations. The House of Representatives has appointed Reps. Pscholka, Bumstead and Santana as conferees to join with Sens. Meekhof, Hildenbrand and Gregory. The bill was referred to the Conference Committee on May 29, 2015. House Bill No. 4115, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 8b, 11, 11a, 11j, 11k, 11m, 15, 18, 18a, 20, 20d, 20f, 21f, 22a, 22b, 22c, 22d, 22g, 23a, 24, 24a, 24c, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 43, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 95a, 98, 99, 99b, 99h, 101, 104, 104b, 104c, 107, 147, 147a, 147c, 152a, 163, 201, 201a, 206, 207a, 207b, 207c, 209, 210, 210b, 213, 217, 222, 225, 226, 229, 229a, 230, 236, 236a, 236b, 236c, 241, 244, 246, 252, 256, 258, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, 284, and 286 (MCL 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1618a, 388.1620, 388.1620d, 388.1620f, 388.1621f, 388.1622a, 388.1622b, 388.1622c, 388.1622d, 388.1622g, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625f, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1639, 388.1639a, 388.1643, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699, 388.1699b, 388.1699h, 388.1701, 388.1704, 388.1704b, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1763, 388.1801, 388.1801a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810, 388.1810b, 388.1813, 388.1817, 388.1822, 388.1825, 388.1826, 388.1829, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1841, 388.1844, 388.1846, 388.1852, 388.1856, 388.1858, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, and 388.1886), sections 6, 8b, 11a, 11j, 11k, 15, 20, 20d, 20f, 21f, 22c, 22d, 22g, 24, 24a, 24c, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 98, 99, 99h, 101, 104, 104b, 107, 147, 147a, 152a, 163, 201a, 206, 209, 210b, 217, 225, 229, 229a, 230, 236a, 236b, 236c, 241, 246, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 43, 95a, 99b, 104c, 207a, 207b, and 207c as added by 2014 PA 196, sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 201, and 236 as amended by 2015 PA 5, section 18a as amended by 2004 PA 351, section 23a as added by 2012 PA 465, sections 210, 244, and 258 as amended by 2013 PA 60, and sections 213, 222, 226, and 286 as amended by 2012 PA 201, and by adding sections 55, 65, 67, 99q, 99r, 99s, 210c, 215, 260, and 274c; and to repeal acts and parts of acts. The House of Representatives has nonconcurred in the Senate substitute (S-1) and appointed Reps. Pscholka, Bumstead and Santana as conferees. The message was referred to the Secretary for record. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following concurrent resolution be postponed for today: S House Concurrent Resolution No. 3 The motion prevailed. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1065 Senators MacGregor, Warren, Kowall, Horn, Brandenburg, Knollenberg, Gregory, Marleau, Schmidt, Hansen, Zorn, Hildenbrand, O’Brien, Proos, Booher, Schuitmaker and Hertel offered the following resolution: Senate Resolution No. 65. A resolution to observe July 2015 as Craft Beer Month. Whereas, Michigan craft brewers are a vibrant affirmation and expression of Michigan’s entrepreneurial traditions, operating as community-based small businesses and providing employment for more than 1,000 workers; and Whereas, Michigan has craft brewers in every region of the state and more than 100 craft brewers statewide; and Whereas, The Michigan Brewers Guild celebrates Michigan Craft Beer Month each year by hosting a Summer Festival in July; and Whereas, Craft brewers in Michigan support state agriculture by purchasing hops, wheat, beet sugar, cherries, apples, and numerous other fruits, herbs, and vegetables grown in Michigan; and Whereas, Michigan craft brewers promote Michigan’s spirit of independence through a renaissance in handcrafted beers like those first brought to Michigan by European settlers and produced here by our forefathers, including Bernhard Stroh, for the enjoyment of the citizenry; and Whereas, Striving to educate legal drinking-age residents, Michigan craft brewers convey awareness about the differences in beer flavor, aroma, color, alcohol content, body, and other complex variables, as well as historic brewing traditions, beer history, and gastronomic qualities of beer; and Whereas, Michigan craft brewers champion the message of responsible enjoyment to their customers and work within their communities to prevent alcohol abuse and underage drinking; and Whereas, Craft brewers in Michigan produce more than 100 distinct styles of flavorful beers, the quality and diversity of which have made Michigan the envy of many states, contributing to balanced trade with increased Michigan exports and promoting Michigan tourism; and Whereas, Michigan craft brewers have been a successful business model during our state’s economic struggles, thriving and expanding—furthering their economic importance to the state; and Whereas, Michigan craft brewers are vested in the future, health, and welfare of their communities as employers providing a diverse array of quality local jobs; as contributors to the local tax base; and as committed sponsors of a broad range of vital community institutions and philanthropic causes, including not-for-profit housing development associations, chambers of commerce, humane societies, athletic teams, and medical research; now, therefore, be it Resolved by the Senate, That the members of this legislative body observe July 2015 as Craft Beer Month in the state of Michigan. We recognize the contributions that Michigan craft brewers have made to the state’s communities, economy, and history; and be it further Resolved, That we commend Michigan craft brewers for providing jobs, improving the balance of trade, supporting Michigan agriculture, and educating residents about the history and culture of beer while promoting the responsible consumption of beer as a beverage of moderation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senator Bieda was named co‑sponsor of the resolution. enate Concurrent Resolution No. 15. S A concurrent resolution to waive the legislative notice requirement for increases in rates of compensation for certain employees in the state classified service. The question being on the adoption of the concurrent resolution, The concurrent resolution was adopted, a majority of the members serving voting therefor. Senator Emmons was named co‑sponsor of the concurrent resolution. By unanimous consent the Senate returned to the order of Conference Reports Senator Kowall moved that joint rule 9 be suspended to permit immediate consideration of the conference reports relative to the following bills: Senate Bill No. 115 Senate Bill No. 118 Senate Bill No. 119 Senate Bill No. 122 Senate Bill No. 124 1066 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 Senate Bill No. 125 Senate Bill No. 128 Senate Bill No. 131 Senate Bill No. 132 The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved that the Secretary of the Senate be directed to print only the conference report cover sheets in the Journal relative to the following bills: Senate Bill No. 115 Senate Bill No. 118 Senate Bill No. 119 Senate Bill No. 122 Senate Bill No. 124 Senate Bill No. 125 Senate Bill No. 128 Senate Bill No. 131 Senate Bill No. 132 The motion prevailed. Senator Green submitted the following: FIRST CONFERENCE REPORT The Committee of Conference on the matters of difference between the two Houses concerning Senate Bill No. 115, entitled A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. Recommends: First: That the House recede from the Substitute of the House as passed by the House. Second: That the Senate and House agree to the Substitute of the Senate as passed by the Senate, amended to read as follows: (attached) Third: That the Senate and House agree to the title of the bill to read as follows: A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. Mike Green Jim Stamas Hoon-Yung Hopgood Conferees for the Senate Nancy E. Jenkins Roger Victory Jon Hoadley Conferees for the House he question being on the adoption of the conference report, T Senator Kowall moved that the bill be referred to the Committee on Appropriations. The motion prevailed. Senator Marleau submitted the following: FIRST CONFERENCE REPORT The Committee of Conference on the matters of difference between the two Houses concerning Senate Bill No. 118, entitled A bill to make appropriations for the department of community health for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. Recommends: First: That the House recede from the Substitute of the House as passed by the House. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1067 Second: That the Senate and House agree to the Substitute of the Senate as passed by the Senate, amended to read as follows: (attached) Third: That the Senate and House agree to the title of the bill to read as follows: A bill to make and supplement appropriations for the department of community health for the fiscal years ending September 30, 2015 and September 30, 2016; and to provide for the expenditure of the appropriations. Jim Marleau Mike Shirkey Curtis Hertel, Jr. Conferees for the Senate Rob VerHeulen John Bizon, M.D. Brandon Dillon Conferees for the House he question being on the adoption of the conference report, T Senator Kowall moved that the bill be referred to the Committee on Appropriations. The motion prevailed. Senator Proos submitted the following: FIRST CONFERENCE REPORT The Committee of Conference on the matters of difference between the two Houses concerning Senate Bill No. 119, entitled A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. Recommends: First: That the House recede from the Substitute of the House as passed by the House. Second: That the Senate and House agree to the Substitute of the Senate as passed by the Senate, amended to read as follows: (attached) Third: That the Senate and House agree to the title of the bill to read as follows: A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. John Proos Marty Knollenberg Vincent Gregory Conferees for the Senate Dave Pagel Chris Afendoulis Jeff Irwin Conferees for the House he question being on the adoption of the conference report, T Senator Kowall moved that the bill be referred to the Committee on Appropriations. The motion prevailed. Senator Stamas submitted the following: FIRST CONFERENCE REPORT The Committee of Conference on the matters of difference between the two Houses concerning Senate Bill No. 122, entitled A bill to make appropriations for the legislature, the judiciary, the executive, the department of attorney general, the depart­ment of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, and certain state purposes related thereto for the fiscal year ending September 30, 2016; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act. 1068 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 Recommends: First: That the House recede from the Substitute of the House as passed by the House. Second: That the Senate and House agree to the Substitute of the Senate as passed by the Senate, amended to read as follows: (attached) Third: That the Senate and House agree to the title of the bill to read as follows: A bill to make appropriations for the legislature, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of talent and economic development, the department of civil rights, and certain state purposes related thereto for the fiscal year ending September 30, 2016; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act. Jim Stamas Mike Nofs Coleman Young II Conferees for the Senate Laura Cox Earl Poleski Fred Durhal III Conferees for the House he question being on the adoption of the conference report, T Senator Kowall moved that the bill be referred to the Committee on Appropriations. The motion prevailed. Senator MacGregor submitted the following: FIRST CONFERENCE REPORT The Committee of Conference on the matters of difference between the two Houses concerning Senate Bill No. 124, entitled A bill to make appropriations for the department of human services for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. Recommends: First: That the House recede from the Substitute of the House as passed by the House. Second: That the Senate and House agree to the Substitute of the Senate as passed by the Senate, amended to read as follows: (attached) Third: That the Senate and House agree to the title of the bill to read as follows: A bill to make and supplement appropriations for the department of human services for the fiscal years ending September 30, 2015 and September 30, 2016; and to provide for the expenditure of the appropriations. Peter MacGregor John Proos Conferees for the Senate Earl Poleski Michael D. McCready Conferees for the House he question being on the adoption of the conference report, T Senator Kowall moved that the bill be referred to the Committee on Appropriations. The motion prevailed. Senator Knollenberg submitted the following: FIRST CONFERENCE REPORT The Committee of Conference on the matters of difference between the two Houses concerning Senate Bill No. 125, entitled A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1069 Recommends: First: That the House recede from the Substitute of the House as passed by the House. Second: That the Senate and House agree to the Substitute of the Senate as passed by the Senate, amended to read as follows: (attached) Third: That the Senate and House agree to the title of the bill to read as follows: A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. Marty Knollenberg Jim Marleau Conferees for the Senate Chris Afendoulis Michael D. McCready Harvey Santana Conferees for the House he question being on the adoption of the conference report, T Senator Kowall moved that the bill be referred to the Committee on Appropriations. The motion prevailed. Senator Nofs submitted the following: FIRST CONFERENCE REPORT The Committee of Conference on the matters of difference between the two Houses concerning Senate Bill No. 128, entitled A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. Recommends: First: That the House recede from the Substitute of the House as passed by the House. Second: That the Senate and House agree to the Substitute of the Senate as passed by the Senate, amended to read as follows: (attached) Third: That the Senate and House agree to the title of the bill to read as follows: A bill to make and supplement appropriations for the department of military and veterans affairs for the fiscal years ending September 30, 2015 and September 30, 2016; and to provide for the expenditure of the appropriations. Mike Nofs Patrick Colbeck David Knezek Conferees for the Senate Larry C. Inman Cindy Gamrat Henry Yanez Conferees for the House he question being on the adoption of the conference report, T Senator Kowall moved that the bill be referred to the Committee on Appropriations. The motion prevailed. Senator Nofs submitted the following: FIRST CONFERENCE REPORT The Committee of Conference on the matters of difference between the two Houses concerning Senate Bill No. 131, entitled A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. 1070 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 Recommends: First: That the House recede from the Substitute of the House as passed by the House. Second: That the Senate and House agree to the Substitute of the Senate as passed by the Senate, amended to read as follows: (attached) Third: That the Senate and House agree to the title of the bill to read as follows: A bill to make and supplement appropriations for the department of state police for the fiscal years ending September 30, 2015 and September 30, 2016; and to provide for the expenditure of the appropriations. Mike Nofs David Knezek Conferees for the Senate Aaron Miller Nancy E. Jenkins Jeff Irwin Conferees for the House he question being on the adoption of the conference report, T Senator Kowall moved that the bill be referred to the Committee on Appropriations. The motion prevailed. Senator Hansen submitted the following: FIRST CONFERENCE REPORT The Committee of Conference on the matters of difference between the two Houses concerning Senate Bill No. 132, entitled A bill to make appropriations for the department of transportation for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. Recommends: First: That the House recede from the Substitute of the House as passed by the House. Second: That the Senate and House agree to the Substitute of the Senate as passed by the Senate, amended to read as follows: (attached) Third: That the Senate and House agree to the title of the bill to read as follows: A bill to make appropriations for the department of transportation for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. Goeff Hansen Marty Knollenberg Coleman Young II Conferees for the Senate Edward J. Canfield Roger Victory Conferees for the House he question being on the adoption of the conference report, T Senator Kowall moved that the bill be referred to the Committee on Appropriations. The motion prevailed. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator Horn introduced Senate Bill No. 356, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 12, 1211, and 1260 (MCL 380.12, 380.1211, and 380.1260), section 12 as amended by 2013 PA 96, section 1211 as amended by 2012 PA 285, and section 1260 as amended by 1995 PA 289. The bill was read a first and second time by title and referred to the Committee on Appropriations. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1071 Senator Schuitmaker introduced Senate Bill No. 357, entitled A bill to amend 1974 PA 300, entitled “Motor vehicle service and repair act,” by amending sections 2 and 10 (MCL 257.1302 and 257.1310), section 2 as amended by 1988 PA 254 and section 10 as amended by 2000 PA 366, and by adding sections 6a and 10a. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senator Hansen introduced Senate Bill No. 358, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1531 and 1531i (MCL 380.1531 and 380.1531i), section 1531 as amended by 2007 PA 32 and section 1531i as added by 2009 PA 202. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senators Warren, Brandenburg, Rocca and Stamas introduced Senate Bill No. 359, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 10g. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators Warren, Brandenburg, Ananich, Rocca and Stamas introduced Senate Bill No. 360, entitled A bill to amend 2000 PA 161, entitled “Michigan education savings program act,” by amending section 10 (MCL 390.1480), as amended by 2001 PA 215. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Warren, Brandenburg, Ananich, Rocca and Stamas introduced Senate Bill No. 361, entitled A bill to create the Michigan achieving a better life experience (ABLE) program; to provide for ABLE accounts; to prescribe the powers and duties of certain state agencies, boards, and departments; to allow certain tax credits or deductions; and to provide for penalties and remedies. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Brandenburg, Warren, Ananich, Rocca and Stamas introduced Senate Bill No. 362, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2012 PA 597. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Casperson, Booher and Nofs introduced Senate Bill No. 363, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 32505 (MCL 324.32505), as added by 1995 PA 59. The bill was read a first and second time by title and referred to the Committee on Natural Resources. Senators Schuitmaker, Kowall, Jones, Nofs, Green, Proos and Hansen introduced Senate Bill No. 364, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 4ee. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Schuitmaker, Kowall, Jones, Nofs, Green, Proos and Hansen introduced Senate Bill No. 365, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4cc. The bill was read a first and second time by title and referred to the Committee on Finance. 1072 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 Senators Hertel, Schuitmaker, O’Brien, Knezek, Hood, Young, Jones, Ananich, Gregory, Marleau and Schmidt introduced Senate Bill No. 366, entitled A bill to regulate the solicitation of certain public records; to prescribe the powers and duties of certain state agencies and officials; and to provide remedies. The bill was read a first and second time by title and referred to the Committee on Commerce. House Bill No. 4047, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 3a. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 4447, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 6237, 6238, 20104, 20106, 20145, 20155, 20161, 20501, 20521, and 20551 (MCL 333.6237, 333.6238, 333.20104, 333.20106, 333.20145, 333.20155, 333.20161, 333.20501, 333.20521, and 333.20551), sections 6237 and 6238 as amended by 2012 PA 501, section 20104 as amended by 2010 PA 381, section 20106 as amended by 2014 PA 449, section 20145 as amended by 2004 PA 469, section 20155 as amended by 2012 PA 322, and section 20161 as amended by 2013 PA 137; and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4458, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 10p (MCL 247.660p), as added by 2010 PA 135. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 4522, entitled A bill to amend 1952 PA 46, entitled “An act to provide for the inspection by committees of the legislature of the records and files of state departments, boards, institutions and agencies,” by amending the title and section 1 (MCL 4.541). The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Government Operations. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1073 House Bill No. 4523, entitled A bill to amend 1931 PA 118, entitled “An act to provide for the administration of oaths, subpoena of witnesses and/ or examination of certain books and records by committees and commissions of the legislature,” by amending section 1 (MCL 4.101). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 4541, entitled A bill to amend 2000 PA 161, entitled “Michigan education savings program act,” by amending section 10 (MCL 390.1480), as amended by 2001 PA 215. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. House Bill No. 4542, entitled A bill to create the Michigan achieving a better life experience (ABLE) program; to provide for ABLE accounts; to prescribe the powers and duties of certain state agencies, boards, and departments; to allow certain tax credits or deductions; and to provide for penalties and remedies. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. House Bill No. 4543, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2012 PA 597. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. House Bill No. 4544, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 10g. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Health Policy. House Bill No. 4562, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 24a. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Transportation. By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that the following bills, now on the order of General Orders, be referred to the Committee on Appropriations: Senate Bill No. 121, entitled A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. Senate Bill No. 126, entitled A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. Senate Bill No. 129, entitled A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. 1074 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 Senate Bill No. 120, entitled A bill to make appropriations for the department of education for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. Senate Bill No. 127, entitled A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. Senate Bill No. 117, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 201a (MCL 388.1801 and 388.1801a), as amended by 2014 PA 196. Senate Bill No. 123, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 236a (MCL 388.1836 and 388.1836a), as amended by 2014 PA 196. Senate Bill No. 130, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2014 PA 196 and section 17b as amended by 2007 PA 137. The motion prevailed. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 11:38 a.m. 11:45 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. The following communication was received and read: Office of the Senate Majority Leader May 29, 2015 ursuant to Joint Rule 3, the House having non-concurred in the Senate substitute (S-1) to HB 4115, the Senate P appoints the following members to the conference committee: Senator Arlan Meekhof Senator Dave Hildenbrand Senator Vincent Gregory Thank you for your prompt consideration of this matter. Respectfully yours, Arlan B. Meekhof Senate Majority Leader 30th Senate District The communication was referred to the Secretary for record. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: House Bill No. 4470 House Bill No. 4444 House Bill No. 4568 House Bill No. 4569 The motion prevailed, a majority of the members serving voting therefor. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1075 The following bill was read a third time: House Bill No. 4470, entitled A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 2111, 2125, 4111, and 4113 (MCL 289.2111, 289.2125, 289.4111, and 289.4113), section 2111 as amended by 2007 PA 113, sections 2125 and 4111 as amended by 2012 PA 178, and section 4113 as amended by 2007 PA 114. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 258 Yeas—21 Booher Knollenberg Nofs Schuitmaker Casperson Kowall O’Brien Shirkey Green MacGregor Proos Smith Hildenbrand Marleau Robertson Stamas Horn Meekhof Schmidt Zorn Jones Nays—17 Ananich Gregory Hopgood Pavlov Bieda Hansen Hune Rocca Brandenburg Hertel Johnson Warren Colbeck Hood Knezek Young Emmons Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to codify the licensure and regulation of certain persons engaged in processing, manufacturing, production, packing, preparing, repacking, canning, preserving, freezing, fabricating, storing, selling, serving, or offering for sale food or drink for human consumption; to prescribe powers and duties of the department of agriculture; to provide for delegation of certain powers and duties to certain local units of government; to provide exemptions; to regulate the labeling, manufacture, distribution, and sale of food for protection of the consuming public and to prevent fraud and deception by prohibiting the misbranding, adulteration, manufacture, distribution, and sale of foods in violation of this act; to provide standards for food products and food establishments; to provide for enforcement of the act; to provide penalties and remedies for violation of the act; to provide for fees; to provide for promulgation of rules; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4444, entitled A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100c, 100d, 134, 135, 136, 137, 138, 139, 143, 143a, 148, 149, and 149b (MCL 330.1100c, 330.1100d, 330.1134, 330.1135, 330.1136, 330.1137, 330.1138, 330.1139, 330.1143, 330.1143a, 330.1148, 330.1149, and 330.1149b), sections 100c and 100d as amended by 2014 PA 200, sections 134, 136, 143, 143a, 148, 149, and 149b as amended by 1994 PA 137, sections 135 and 139 as amended by 1995 PA 290, section 137 as amended by 2004 PA 259, and section 138 as amended by 2006 PA 207. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1076 Roll Call No. 259 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 Yeas—21 Booher Jones Meekhof Schmidt Casperson Knollenberg Nofs Schuitmaker Green Kowall O’Brien Shirkey Hansen MacGregor Proos Stamas Hildenbrand Marleau Robertson Zorn Horn Nays—17 Ananich Gregory Hune Rocca Bieda Hertel Johnson Smith Brandenburg Hood Knezek Warren Colbeck Hopgood Pavlov Young Emmons Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health or substance use disorder services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness, substance use disorder, or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness, substance use disorder, or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4568, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec­ tions 80130, 80315, 81114, and 82156 (MCL 324.80130, 324.80315, 324.81114, and 324.82156), as amended by 2011 PA 90. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 260 Yeas—21 Booher Jones Meekhof Schmidt Casperson Knollenberg Nofs Schuitmaker Green Kowall O’Brien Shirkey Hansen MacGregor Proos Stamas Hildenbrand Marleau Robertson Zorn Horn No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1077 Nays—17 Ananich Gregory Hune Rocca Bieda Hertel Johnson Smith Brandenburg Hood Knezek Warren Colbeck Hopgood Pavlov Young Emmons Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4569, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 801, 802, 803b, 803r, 804, 806, 809, 811e, and 811h (MCL 257.801, 257.802, 257.803b, 257.803r, 257.804, 257.806, 257.809, 257.811e, and 257.811h), section 801 as amended by 2012 PA 498, sections 802, 803r, 804, 806, 809, 811e, and 811h as amended by 2011 PA 159, and section 803b as amended by 2015 PA 11. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 261 Yeas—21 Booher Jones Meekhof Schmidt Casperson Knollenberg Nofs Schuitmaker Green Kowall O’Brien Shirkey Hansen MacGregor Proos Stamas Hildenbrand Marleau Robertson Zorn Horn Nays—17 Ananich Gregory Hune Rocca Bieda Hertel Johnson Smith Brandenburg Hood Knezek Warren Colbeck Hopgood Pavlov Young Emmons 1078 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title. Senator Horn asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Horn’s statement is as follows: I would like to direct the attention of my colleagues and others in the chamber to the front of the chamber where you will see a fresh spring bouquet. This bouquet was sent to me by an old girlfriend. I met her in the early ’80s when I was waiting tables at the Bavarian Inn. I was wearing Lederhosen, and she was wearing a dirndl. She looked very good in that dirndl and still does. We have been married for 32 years today. I know she is watching on television, and I just want to wish a very happy anniversary to Mrs. Horn. Thank you for these 32 wonderful years and a couple of great kids and grandkids. Recess enator Kowall moved that the Senate recess until 2:30 p.m. S The motion prevailed, the time being 12:02 p.m. The Senate reconvened at the expiration of the recess and pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 2:31 p.m. 3:17 p.m. The Senate was called to order by the President, Lieutenant Governor Calley. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1079 By unanimous consent the Senate returned to the order of Conference Reports Senator Kowall moved that joint rule 9 be suspended to permit immediate consideration of the conference report relative to the following bill: House Bill No. 4115 The motion prevailed, a majority of the members serving voting therefor. House Bill No. 4115, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 8b, 11, 11a, 11j, 11k, 11m, 15, 18, 18a, 20, 20d, 20f, 21f, 22a, 22b, 22c, 22d, 22g, 23a, 24, 24a, 24c, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 43, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 95a, 98, 99, 99b, 99h, 101, 104, 104b, 104c, 107, 147, 147a, 147c, 152a, 163, 201, 201a, 206, 207a, 207b, 207c, 209, 210, 210b, 213, 217, 222, 225, 226, 229, 229a, 230, 236, 236a, 236b, 236c, 241, 244, 246, 252, 256, 258, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, 284, and 286 (MCL 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1618a, 388.1620, 388.1620d, 388.1620f, 388.1621f, 388.1622a, 388.1622b, 388.1622c, 388.1622d, 388.1622g, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625f, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1639, 388.1639a, 388.1643, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699, 388.1699b, 388.1699h, 388.1701, 388.1704, 388.1704b, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1763, 388.1801, 388.1801a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810, 388.1810b, 388.1813, 388.1817, 388.1822, 388.1825, 388.1826, 388.1829, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1841, 388.1844, 388.1846, 388.1852, 388.1856, 388.1858, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, and 388.1886), sections 6, 8b, 11a, 11j, 11k, 15, 20, 20d, 20f, 21f, 22c, 22d, 22g, 24, 24a, 24c, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 98, 99, 99h, 101, 104, 104b, 107, 147, 147a, 152a, 163, 201a, 206, 209, 210b, 217, 225, 229, 229a, 230, 236a, 236b, 236c, 241, 246, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 43, 95a, 99b, 104c, 207a, 207b, and 207c as added by 2014 PA 196, sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 201, and 236 as amended by 2015 PA 5, section 18a as amended by 2004 PA 351, section 23a as added by 2012 PA 465, sections 210, 244, and 258 as amended by 2013 PA 60, and sections 213, 222, 226, and 286 as amended by 2012 PA 201, and by adding sections 55, 65, 67, 99q, 99r, 99s, 210c, 215, 260, and 274c; and to repeal acts and parts of acts. The House of Representatives has adopted the report of the Committee of Conference. The Conference Report was read as follows: FIRST CONFERENCE REPORT The Committee of Conference on the matters of difference between the two Houses concerning House Bill No. 4115, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 8b, 11, 11a, 11j, 11k, 11m, 15, 18, 18a, 20, 20d, 20f, 21f, 22a, 22b, 22c, 22d, 22g, 23a, 24, 24a, 24c, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 43, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 95a, 98, 99, 99b, 99h, 101, 104, 104b, 104c, 107, 147, 147a, 147c, 152a, 163, 201, 201a, 206, 207a, 207b, 207c, 209, 210, 210b, 213, 217, 222, 225, 226, 229, 229a, 230, 236, 236a, 236b, 236c, 241, 244, 246, 252, 256, 258, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, 284, and 286 (MCL 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1618a, 388.1620, 388.1620d, 388.1620f, 388.1621f, 388.1622a, 388.1622b, 388.1622c, 388.1622d, 388.1622g, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625f, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1639, 388.1639a, 388.1643, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699, 388.1699b, 388.1699h, 388.1701, 388.1704, 388.1704b, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1763, 388.1801, 388.1801a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810, 388.1810b, 388.1813, 388.1817, 388.1822, 388.1825, 388.1826, 388.1829, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1841, 388.1844, 388.1846, 388.1852, 388.1856, 388.1858, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, and 388.1886), sections 6, 8b, 11a, 11j, 11k, 15, 20, 20d, 20f, 21f, 22c, 22d, 22g, 24, 24a, 24c, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 98, 99, 99h, 101, 104, 104b, 107, 147, 147a, 152a, 163, 201a, 1080 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 206, 209, 210b, 217, 225, 229, 229a, 230, 236a, 236b, 236c, 241, 246, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 43, 95a, 99b, 104c, 207a, 207b, and 207c as added by 2014 PA 196, sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 201, and 236 as amended by 2015 PA 5, section 18a as amended by 2004 PA 351, section 23a as added by 2012 PA 465, sections 210, 244, and 258 as amended by 2013 PA 60, and sec­tions 213, 222, 226, and 286 as amended by 2012 PA 201, and by adding sections 55, 65, 67, 99q, 99r, 99s, 210c, 215, 260, and 274c; and to repeal acts and parts of acts. Recommends: First: That the Senate recede from the Substitute of the Senate as passed by the Senate. Second: That the House and Senate agree to the Substitute of the House as passed by the House, amended to read as follows: A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 8b, 11, 11a, 11j, 11k, 11m, 11r, 15, 18, 18a, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22g, 22i, 23a, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 41, 43, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b, 74, 81, 94, 94a, 95a, 98, 99h, 101, 104, 104b, 104c, 107, 147, 147a, 147c, 152a, 163, 201, 201a, 206, 207a, 207b, 207c, 209, 210, 210b, 217, 222, 225, 226, 229, 229a, 230, 236, 236a, 236b, 236c, 241, 244, 246, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, 284, and 286 (MCL 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611r, 388.1615, 388.1618, 388.1618a, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622g, 388.1622i, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625e, 388.1625f, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1639, 388.1639a, 388.1641, 388.1643, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1664b, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699h, 388.1701, 388.1704, 388.1704b, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1763, 388.1801, 388.1801a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810, 388.1810b, 388.1817, 388.1822, 388.1825, 388.1826, 388.1829, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1841, 388.1844, 388.1846, 388.1852, 388.1856, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, and 388.1886), sections 6, 8b, 11a, 11j, 11k, 15, 20, 20d, 20f, 20g, 21f, 22d, 22g, 22i, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 41, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 98, 99h, 101, 104, 104b, 107, 147, 147a, 152a, 163, 201a, 206, 209, 210b, 217, 225, 229, 229a, 230, 236a, 236b, 236c, 241, 246, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 11r, 43, 64b, 95a, 104c, 207a, 207b, and 207c as added by 2014 PA 196, sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 201, and 236 as amended by 2015 PA 5, section 18a as amended by 2004 PA 351, section 23a as added by 2012 PA 465, sections 210 and 244 as amended by 2013 PA 60, and sections 222, 226, and 286 as amended by 2012 PA 201, and by adding sections 25g, 31c, 31h, 35, 35a, 55, 61b, 65, 67, 77, 99c, 99s, 102d, 104d, 210c, 210d, 230a, and 274c; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: Sec. 6. (1) “Center program” means a program operated by a district or by an intermediate district for special education pupils from several districts in programs for pupils with autism spectrum disorder, pupils with severe cognitive impairment, pupils with moderate cognitive impairment, pupils with severe multiple impairments, pupils with hearing impairment, pupils with visual impairment, and pupils with physical impairment or other health impairment. Programs for pupils with emotional impairment housed in buildings that do not serve regular education pupils also qualify. Unless otherwise approved by the department, a center program either shall serve all constituent districts within an intermediate district or shall serve several districts with less than 50% of the pupils residing in the operating district. In addition, special education center program pupils placed part-time in noncenter programs to comply with the least restrictive environment provisions of section 612 of part B of the individuals with disabilities education act, 20 USC 1412, may be considered center program pupils for pupil accounting purposes for the time scheduled in either a center program or a noncenter program. (2) “District and high school graduation rate” means the annual completion and pupil dropout rate that is calculated by the center pursuant to nationally recognized standards. (3) “District and high school graduation report” means a report of the number of pupils, excluding adult EDUCATION participants, in the district for the immediately preceding school year, adjusted for those pupils who have transferred into or out of the district or high school, who leave high school with a diploma or other credential of equal status. (4) “Membership”, except as otherwise provided in this article, means for a district, a public school academy, the education achievement system, or an intermediate district the sum of the product of .90 times the number of full-time equated pupils in grades K to 12 actually enrolled and in regular daily attendance on the pupil membership count day for the current school year, plus the product of .10 times the final audited count from the supplemental count day for the current IMMEDIATELY PRECEDING school year. A district’s, public school academy’s, or intermediate district’s membership shall be adjusted as provided under section 25e for pupils who enroll in the district, public school academy, or intermediate district after the pupil membership count day. All pupil counts used in this subsection are as determined by the department and calculated by adding the number of pupils registered for attendance plus pupils received by transfer and minus pupils lost as defined by rules promulgated by the superintendent, and as corrected by a subsequent department audit. For the purposes of this section and section 6a, for a school of excellence that is a cyber school, as defined in section 551 of the revised school code, MCL 380.551, and is in compliance with section 553a of the revised school code, MCL 380.553a, a pupil’s participation, AS DETERMINED No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1081 BY THE DEPARTMENT IN ACCORDANCE WITH THE PUPIL ACCOUNTING MANUAL, in the cyber school’s educational program is considered regular daily attendance; for the education achievement system, a pupil’s participation, AS DETERMINED BY THE DEPARTMENT IN ACCORDANCE WITH THE PUPIL ACCOUNTING MANUAL, in an online educational program of the education achievement system or of an achievement school is considered regular daily attendance; and for a district a pupil’s participation in an online course as defined in section 21f is considered regular daily attendance. The amount of the foundation allowance for a pupil in membership is determined under section 20. In making the calculation of membership, all of the following, as applicable, apply to determining the membership of a district, a public school academy, the education achievement system, or an intermediate district: (a) Except as otherwise provided in this subsection, and pursuant to subsection (6), a pupil shall be counted in membership in the pupil’s educating district or districts. An individual pupil shall not be counted for more than a total of 1.0 full-time equated membership. (b) If a pupil is educated in a district other than the pupil’s district of residence, if the pupil is not being educated as part of a cooperative education program, if the pupil’s district of residence does not give the educating district its approval to count the pupil in membership in the educating district, and if the pupil is not covered by an exception specified in subsection (6) to the requirement that the educating district must have the approval of the pupil’s district of residence to count the pupil in membership, the pupil shall not be counted in membership in any district. (c) A special education pupil educated by the intermediate district shall be counted in membership in the intermediate district. (d) A pupil placed by a court or state agency in an on-grounds program of a juvenile detention facility, a child caring institution, or a mental health institution, or a pupil funded under section 53a, shall be counted in membership in the district or intermediate district approved by the department to operate the program. (e) A pupil enrolled in the Michigan schools for the deaf and blind shall be counted in membership in the pupil’s intermediate district of residence. (f) A pupil enrolled in a career and technical education program supported by a millage levied over an area larger than a single district or in an area vocational-technical education program established pursuant to section 690 of the revised school code, MCL 380.690, shall be counted only in the pupil’s district of residence. (g) A pupil enrolled in a public school academy shall be counted in membership in the public school academy. (h) A pupil enrolled in an achievement school shall be counted in membership in the education achievement system. (i) For a new district or public school academy beginning its operation after December 31, 1994, or for the education achievement system or an achievement school, membership for the first 2 full or partial fiscal years of operation shall be determined as follows: (i) If operations begin before the pupil membership count day for the fiscal year, membership is the average number of fulltime equated pupils in grades K to 12 actually enrolled and in regular daily attendance on the pupil membership count day for the current school year and on the supplemental count day for the current school year, as determined by the department and calculated by adding the number of pupils registered for attendance on the pupil membership count day plus pupils received by transfer and minus pupils lost as defined by rules promulgated by the superintendent, and as corrected by a subsequent department audit, plus the final audited count from the supplemental count day for the current school year, and dividing that sum by 2. (ii) If operations begin after the pupil membership count day for the fiscal year and not later than the supplemental count day for the fiscal year, membership is the final audited count of the number of full-time equated pupils in grades K to 12 actually enrolled and in regular daily attendance on the supplemental count day for the current school year. (j) If a district is the authorizing body for a public school academy, then, in the first school year in which pupils are counted in membership on the pupil membership count day in the public school academy, the determination of the district’s membership shall exclude from the district’s pupil count for the immediately preceding supplemental count day any pupils who are counted in the public school academy on that first pupil membership count day who were also counted in the district on the immediately preceding supplemental count day. (k) In a district, a public school academy, the education achievement system, or an intermediate district operating an extended school year program approved by the superintendent, a pupil enrolled, but not scheduled to be in regular daily attendance on a pupil membership count day, shall be counted. (l) To be counted in membership, a pupil shall meet the minimum age requirement to be eligible to attend school under section 1147 of the revised school code, MCL 380.1147, or shall be enrolled under subsection (3) of that section, and shall be less than 20 years of age on September 1 of the school year except as follows: (i) A special education pupil who is enrolled and receiving instruction in a special education program or service approved by the department, who does not have a high school diploma, and who is less than 26 years of age as of September 1 of the current school year shall be counted in membership. (ii) A pupil who is determined by the department to meet all of the following may be counted in membership: (A) Is enrolled in a public school academy or an alternative education high school diploma program, that is primarily focused on educating homeless pupils. (B) Had dropped out of school for more than 1 year and has re-entered school. 1082 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (C) Is less than 22 years of age as of September 1 of the current school year. (D) IS CONSIDERED TO BE HOMELESS UNDER 42 USC 11302. (iii) If a child does not meet the minimum age requirement to be eligible to attend school for that school year under section 1147 of the revised school code, MCL 380.1147, but will be 5 years of age not later than December 1 of that school year, the district may count the child in membership for that school year if the parent or legal guardian has notified the district in writing that he or she intends to enroll the child in kindergarten for that school year. (m) An individual who has obtained a high school diploma shall not be counted in membership. An individual who has obtained a general educational development (G.E.D.) certificate shall not be counted in membership unless the individual is a pupil STUDENT with a disability as defined in R 340.1702 of the Michigan administrative code. An individual participating in a job training program funded under former section 107a or a jobs program funded under former section 107b, administered by the Michigan strategic fund, or participating in any successor of either of those 2 programs, shall not be counted in membership. (n) If a pupil counted in membership in a public school academy or the education achievement system is also educated by a district or intermediate district as part of a cooperative education program, the pupil shall be counted in membership only in the public school academy or the education achievement system unless a written agreement signed by all parties designates the party or parties in which the pupil shall be counted in membership, and the instructional time scheduled for the pupil in the district or intermediate district shall be included in the full-time equated membership determination under subdivision (q) AND SECTION 101. However, for pupils receiving instruction in both a public school academy or the education achievement system and in a district or intermediate district but not as a part of a cooperative education program, the following apply: (i) If the public school academy or the education achievement system provides instruction for at least 1/2 of the class hours specified in subdivision (q), REQUIRED UNDER SECTION 101, the public school academy or the education achievement system shall receive as its prorated share of the full-time equated membership for each of those pupils an amount equal to 1 times the product of the hours of instruction the public school academy or the education achievement system provides divided by the number of hours specified in subdivision (q) REQUIRED UNDER SECTION 101 for full-time equivalency, and the remainder of the full-time membership for each of those pupils shall be allocated to the district or intermediate district providing the remainder of the hours of instruction. (ii) If the public school academy or the education achievement system provides instruction for less than 1/2 of the class hours specified in subdivision (q), REQUIRED UNDER SECTION 101, the district or intermediate district providing the remainder of the hours of instruction shall receive as its prorated share of the full-time equated membership for each of those pupils an amount equal to 1 times the product of the hours of instruction the district or intermediate district provides divided by the number of hours specified in subdivision (q) REQUIRED UNDER SECTION 101 for full-time equivalency, and the remainder of the full-time membership for each of those pupils shall be allocated to the public school academy or the education achievement system. (o) An individual less than 16 years of age as of September 1 of the current school year who is being educated in an alternative education program shall not be counted in membership if there are also adult education participants being educated in the same program or classroom. (p) The department shall give a uniform interpretation of full-time and part-time memberships. (q) The number of class hours used to calculate full-time equated memberships shall be consistent with section 101(3). 101. In determining full-time equated memberships for pupils who are enrolled in a postsecondary institution, a pupil shall not be considered to be less than a full-time equated pupil solely because of the effect of his or her postsecondary enrollment, including necessary travel time, on the number of class hours provided by the district to the pupil. (r) Beginning in 2012-2013, full-time FULL-TIME equated memberships for pupils in kindergarten shall be determined by dividing the number of instructional hours scheduled and provided per year per kindergarten pupil by the same number used for determining full-time equated memberships for pupils in grades 1 to 12. However, to the extent allowable under federal law, for a district or public school academy that provides evidence satisfactory to the department that it used federal title I money in the 2 immediately preceding school fiscal years to fund full-time kindergarten, full-time equated memberships for pupils in kindergarten shall be determined by dividing the number of class hours scheduled and provided per year per kindergarten pupil by a number equal to 1/2 the number used for determining full-time equated memberships for pupils in grades 1 to 12. The change in the counting of full-time equated memberships for pupils in kindergarten that took effect for 2012-2013 is not a mandate. (s) For a district, a public school academy, or the education achievement system that has pupils enrolled in a grade level that was not offered by the district, the public school academy, or the education achievement system in the immediately preceding school year, the number of pupils enrolled in that grade level to be counted in membership is the average of the number of those pupils enrolled and in regular daily attendance on the pupil membership count day and the supplemental count day of the current school year, as determined by the department. Membership shall be calculated by adding the number of pupils registered for attendance in that grade level on the pupil membership count day plus pupils received by transfer and minus pupils lost as defined by rules promulgated by the superintendent, and as corrected by subsequent department audit, plus the final audited count from the supplemental count day for the current school year, and dividing that sum by 2. (t) A pupil enrolled in a cooperative education program may be counted in membership in the pupil’s district of residence with the written approval of all parties to the cooperative agreement. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1083 (u) If, as a result of a disciplinary action, a district determines through the district’s alternative or disciplinary education program that the best instructional placement for a pupil is in the pupil’s home or otherwise apart from the general school population, if that placement is authorized in writing by the district superintendent and district alternative or disciplinary education supervisor, and if the district provides appropriate instruction as described in this subdivision to the pupil at the pupil’s home or otherwise apart from the general school population, the district may count the pupil in membership on a pro rata basis, with the proration based on the number of hours of instruction the district actually provides to the pupil divided by the number of hours specified in subdivision (q) REQUIRED UNDER SECTION 101 for full-time equivalency. For the purposes of this subdivision, a district shall be considered to be providing appropriate instruction if all of the following are met: (i) The district provides at least 2 nonconsecutive hours of instruction per week to the pupil at the pupil’s home or otherwise apart from the general school population under the supervision of a certificated teacher. (ii) The district provides instructional materials, resources, and supplies that are comparable to those otherwise provided in the district’s alternative education program. (iii) Course content is comparable to that in the district’s alternative education program. (iv) Credit earned is awarded to the pupil and placed on the pupil’s transcript. (v) If a pupil was enrolled in a public school academy on the pupil membership count day, if the public school academy’s contract with its authorizing body is revoked or the public school academy otherwise ceases to operate, and if the pupil enrolls in a district or the education achievement system within 45 days after the pupil membership count day, the department shall adjust the district’s or the education achievement system’s pupil count for the pupil membership count day to include the pupil in the count. (w) For a public school academy that has been in operation for at least 2 years and that suspended operations for at least 1 semester and is resuming operations, membership is the sum of the product of .90 times the number of full-time equated pupils in grades K to 12 actually enrolled and in regular daily attendance on the first pupil membership count day or supplemental count day, whichever is first, occurring after operations resume, plus the product of .10 times the final audited count from the most recent pupil membership count day or supplemental count day that occurred before suspending operations, as determined by the superintendent. (x) If a district’s membership for a particular fiscal year, as otherwise calculated under this subsection, would be less than 1,550 pupils and the district has 4.5 or fewer pupils per square mile, as determined by the department, and if the district does not receive funding under section 22d(2), the district’s membership shall be considered to be the membership figure calculated under this subdivision. If a district educates and counts in its membership pupils in grades 9 to 12 who reside in a contiguous district that does not operate grades 9 to 12 and if 1 or both of the affected districts request the department to use the determination allowed under this sentence, the department shall include the square mileage of both districts in determining the number of pupils per square mile for each of the districts for the purposes of this subdivision. The membership figure calculated under this subdivision is the greater of the following: (i) The average of the district’s membership for the 3-fiscal-year period ending with that fiscal year, calculated by adding the district’s actual membership for each of those 3 fiscal years, as otherwise calculated under this subsection, and dividing the sum of those 3 membership figures by 3. (ii) The district’s actual membership for that fiscal year as otherwise calculated under this subsection. (y) Full-time equated memberships for special education pupils who are not enrolled in kindergarten but are enrolled in a classroom program under R 340.1754 of the Michigan administrative code shall be determined by dividing the number of class hours scheduled and provided per year by 450. Full-time equated memberships for special education pupils who are not enrolled in kindergarten but are receiving early childhood special education services under R 340.1755 or R 340.1862 of the Michigan administrative code shall be determined by dividing the number of hours of service scheduled and provided per year per-pupil by 180. (z) A pupil of a district that begins its school year after Labor day DAY who is enrolled in an intermediate district program that begins before Labor day DAY shall not be considered to be less than a full-time pupil solely due to instructional time scheduled but not attended by the pupil before Labor day.DAY. (aa) For the first year in which a pupil is counted in membership on the pupil membership count day in a middle college program, the membership is the average of the full-time equated membership on the pupil membership count day and on the supplemental count day for the current school year, as determined by the department. IF A PUPIL DESCRIBED IN THIS SUBDIVISION WAS COUNTED IN MEMBERSHIP BY THE OPERATING DISTRICT ON THE IMMEDIATELY PRECEDING SUPPLEMENTAL COUNT DAY, THE PUPIL SHALL BE EXCLUDED FROM THE DISTRICT’S IMMEDIATELY PRECEDING SUPPLEMENTAL COUNT FOR THE PURPOSES OF DETERMINING THE DISTRICT’S MEMBERSHIP. (bb) A district, a public school academy, or the education achievement system that educates a pupil who attends a United States Olympic education center EDUCATION CENTER may count the pupil in membership regardless of whether or not the pupil is a resident of this state. (cc) A pupil enrolled in a district other than the pupil’s district of residence pursuant to section 1148(2) of the revised school code, MCL 380.1148, shall be counted in the educating district or the education achievement system. 1084 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (dd) For a pupil enrolled in a dropout recovery program that meets the requirements of section 23a, the pupil shall be counted as 1/12 of a full-time equated membership for each month that the district operating the program reports that the pupil was enrolled in the program and was in full attendance. However, if the special membership counting provisions under this subdivision and the operation of the other membership counting provisions under this subsection result in a pupil being counted as more than 1.0 FTE in a fiscal year, the payment made for the pupil under sections 22a and 22b shall not be based on more than 1.0 FTE for that pupil, and any portion of an FTE for that pupil that exceeds 1.0 shall instead be paid under section 25f. 25G. The district operating the program shall report to the center the number of pupils who were enrolled in the program and were in full attendance for a month not later than the tenth day of the next month. A district shall not report a pupil as being in full attendance for a month unless both of the following are met: (i) A personalized learning plan is in place on or before the first school day of the month for the first month the pupil participates in the program. (ii) The pupil meets the district’s definition under section 23a of satisfactory monthly progress for that month or, if the pupil does not meet that definition of satisfactory monthly progress for that month, the pupil did meet that definition of satisfactory monthly progress in the immediately preceding month and appropriate interventions are implemented within 10 school days after it is determined that the pupil does not meet that definition of satisfactory monthly progress. (EE) A PUPIL PARTICIPATING IN AN ONLINE COURSE UNDER SECTION 21F SHALL BE COUNTED IN MEMBERSHIP IN THE DISTRICT ENROLLING THE PUPIL. (FF) IF A PUBLIC SCHOOL ACADEMY THAT IS NOT IN ITS FIRST OR SECOND YEAR OF OPERATION CLOSES AT THE END OF A SCHOOL YEAR AND DOES NOT REOPEN FOR THE NEXT SCHOOL YEAR, THE DEPARTMENT SHALL ADJUST THE MEMBERSHIP COUNT OF THE DISTRICT OR THE EDUCATION ACHIEVEMENT SYSTEM IN WHICH A FORMER PUPIL OF THE PUBLIC SCHOOL ACADEMY ENROLLS AND IS IN REGULAR DAILY ATTENDANCE FOR THE NEXT SCHOOL YEAR TO ENSURE THAT THE DISTRICT OR THE EDUCATION ACHIEVEMENT SYSTEM RECEIVES THE SAME AMOUNT OF MEMBERSHIP AID FOR THE PUPIL AS IF THE PUPIL WERE COUNTED IN THE DISTRICT OR THE EDUCATION ACHIEVEMENT SYSTEM ON THE SUPPLEMENTAL COUNT DAY OF THE PRECEDING SCHOOL YEAR. (5) “Public school academy” means that term as defined in section 5 of the revised school code, MCL 380.5. (6) “Pupil” means a person in membership in a public school. A district must have the approval of the pupil’s district of residence to count the pupil in membership, except approval by the pupil’s district of residence is not required for any of the following: (a) A nonpublic part-time pupil enrolled in grades 1 to 12 in accordance with section 166b. (b) A pupil receiving 1/2 or less of his or her instruction in a district other than the pupil’s district of residence. (c) A pupil enrolled in a public school academy or the education achievement system. (d) A pupil enrolled in a district other than the pupil’s district of residence under an intermediate district schools of choice pilot program as described in section 91a or former section 91 if the intermediate district and its constituent districts have been exempted from section 105. (e) A pupil enrolled in a district other than the pupil’s district of residence if the pupil is enrolled in accordance with section 105 or 105c. (f) A pupil who has made an official written complaint or whose parent or legal guardian has made an official written complaint to law enforcement officials and to school officials of the pupil’s district of residence that the pupil has been the victim of a criminal sexual assault or other serious assault, if the official complaint either indicates that the assault occurred at school or that the assault was committed by 1 or more other pupils enrolled in the school the pupil would otherwise attend in the district of residence or by an employee of the district of residence. A person who intentionally makes a false report of a crime to law enforcement officials for the purposes of this subdivision is subject to section 411a of the Michigan penal code, 1931 PA 328, MCL 750.411a, which provides criminal penalties for that conduct. As used in this subdivision: (i) “At school” means in a classroom, elsewhere on school premises, on a school bus or other school-related vehicle, or at a school-sponsored activity or event whether or not it is held on school premises. (ii) “Serious assault” means an act that constitutes a felony violation of chapter XI of the Michigan penal code, 1931 PA 328, MCL 750.81 to 750.90h, or that constitutes an assault and infliction of serious or aggravated injury under section 81a of the Michigan penal code, 1931 PA 328, MCL 750.81a. (g) A pupil whose district of residence changed after the pupil membership count day and before the supplemental count day and who continues to be enrolled on the supplemental count day as a nonresident in the district in which he or she was enrolled as a resident on the pupil membership count day of the same school year. (h) A pupil enrolled in an alternative education program operated by a district other than his or her district of residence who meets 1 or more of the following: (i) The pupil has been suspended or expelled from his or her district of residence for any reason, including, but not limited to, a suspension or expulsion under section 1310, 1311, or 1311a of the revised school code, MCL 380.1310, 380.1311, and 380.1311a. (ii) The pupil had previously dropped out of school. (iii) The pupil is pregnant or is a parent. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1085 (iv) The pupil has been referred to the program by a court. (i) A pupil enrolled in the Michigan virtual school, for the pupil’s enrollment in the Michigan virtual school. (j) A pupil who is the child of a person who works at the district or who is the child of a person who worked at the district as of the time the pupil first enrolled in the district but who no longer works at the district due to a workforce reduction. As used in this subdivision, “child” includes an adopted child, stepchild, or legal ward. (k) An expelled pupil who has been denied reinstatement by the expelling district and is reinstated by another school board under section 1311 or 1311a of the revised school code, MCL 380.1311 and 380.1311a. (l) A pupil enrolled in a district other than the pupil’s district of residence in a middle college program if the pupil’s district of residence and the enrolling district are both constituent districts of the same intermediate district. (m) A pupil enrolled in a district other than the pupil’s district of residence who attends a United States Olympic education center.EDUCATION CENTER. (n) A pupil enrolled in a district other than the pupil’s district of residence pursuant to section 1148(2) of the revised school code, MCL 380.1148. (o) A pupil who enrolls in a district other than the pupil’s district of residence as a result of the pupil’s school not making adequate yearly progress under the no child left behind act of 2001, Public Law 107-110. (p) An online learning pupil enrolled in a district other than the pupil’s district of residence as an eligible pupil under section 21f. However, if a district educates pupils who reside in another district and if the primary instructional site for those pupils is established by the educating district after 2009-2010 and is located within the boundaries of that other district, the educating district must have the approval of that other district to count those pupils in membership. (7) “Pupil membership count day” of a district or intermediate district means: (a) Except as provided in subdivision (b), the first Wednesday in October each school year or, for a district or building in which school is not in session on that Wednesday due to conditions not within the control of school authorities, with the approval of the superintendent, the immediately following day on which school is in session in the district or building. (b) For a district or intermediate district maintaining school during the entire school year, the following days: (i) Fourth Wednesday in July. (ii) First Wednesday in October. (iii) Second Wednesday in February. (iv) Fourth Wednesday in April. (8) “Pupils in grades K to 12 actually enrolled and in regular daily attendance” means pupils in grades K to 12 in attendance and receiving instruction in all classes for which they are enrolled on the pupil membership count day or the supplemental count day, as applicable. Except as otherwise provided in this subsection, a pupil who is absent from any of the classes in which the pupil is enrolled on the pupil membership count day or supplemental count day and who does not attend each of those classes during the 10 consecutive school days immediately following the pupil membership count day or supplemental count day, except for a pupil who has been excused by the district, shall not be counted as 1.0 full-time equated membership. A pupil who is excused from attendance on the pupil membership count day or supplemental count day and who fails to attend each of the classes in which the pupil is enrolled within 30 calendar days after the pupil membership count day or supplemental count day shall not be counted as 1.0 full-time equated membership. In addition, a pupil who was enrolled and in attendance in a district, an intermediate district, a public school academy, or the education achievement system before the pupil membership count day or supplemental count day of a particular year but was expelled or suspended on the pupil membership count day or supplemental count day shall only be counted as 1.0 full-time equated membership if the pupil resumed attendance in the district, intermediate district, public school academy, or education achievement system within 45 days after the pupil membership count day or supplemental count day of that particular year. Pupils not counted as 1.0 full-time equated membership due to an absence from a class shall be counted as a prorated membership for the classes the pupil attended. For purposes of this subsection, “class” means a period of time in 1 day when pupils and a certificated teacher or legally qualified substitute teacher are together and instruction is taking place. (9) “Rule” means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. (10) “The revised school code” means 1976 PA 451, MCL 380.1 to 380.1852. (11) “School district of the first class”, “first class school district”, and “district of the first class” mean, for the purposes of this article only, a district that had at least 40,000 pupils in membership for the immediately preceding fiscal year. (12) “School fiscal year” means a fiscal year that commences July 1 and continues through June 30. (13) “State board” means the state board of education. (14) “Superintendent”, unless the context clearly refers to a district or intermediate district superintendent, means the superintendent of public instruction described in section 3 of article VIII of the state constitution of 1963. (15) “Supplemental count day” means the day on which the supplemental pupil count is conducted under section 6a. (16) “Tuition pupil” means a pupil of school age attending school in a district other than the pupil’s district of residence for whom tuition may be charged to the district of residence. Tuition pupil does not include a pupil who is a special education pupil, a pupil described in subsection (6)(c) to (p), or a pupil whose parent or guardian voluntarily enrolls the pupil in a district that 1086 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 is not the pupil’s district of residence. A pupil’s district of residence shall not require a high school tuition pupil, as provided under section 111, to attend another school district after the pupil has been assigned to a school district. (17) “State school aid fund” means the state school aid fund established in section 11 of article IX of the state constitution of 1963. (18) “Taxable value” means the taxable value of property as determined under section 27a of the general property tax act, 1893 PA 206, MCL 211.27a. (19) “Textbook” means a book, electronic book, or other instructional print or electronic resource that is selected and approved by the governing board of a district or, for an achievement school, by the chancellor of the achievement authority and that contains a presentation of principles of a subject, or that is a literary work relevant to the study of a subject required for the use of classroom pupils, or another type of course material that forms the basis of classroom instruction. (20) “Total state aid” or “total state school aid” means the total combined amount of all funds due to a district, intermediate district, or other entity under all of the provisions of this article. Sec. 8b. (1) The department shall assign a district code to each public school academy that is authorized under the revised school code and is eligible to receive funding under this article within 30 days after a contract is submitted to the department by the authorizing body of a public school academy. (2) If the department does not assign a district code to a public school academy within the 30-day period described in subsection (1), the district code the department shall use to make payments under this article to the newly authorized public school academy shall be a number that is equivalent to the sum of the last district code assigned to a public school academy located in the same county as the newly authorized public school academy plus 1. However, if there is not an existing public school academy located in the same county as the newly authorized public school academy, then the district code the department shall use to make payments under this article to the newly authorized public school academy shall be a 5-digit number that has the county code in which the public school academy is located as its first 2 digits, 9 as its third digit, 0 as its fourth digit, and 1 as its fifth digit. If the number of public school academies in a county grows to exceed 100, the third digit in this 5-digit number shall then be 7 for the public school academies in excess of 100. (3) FOR EACH SCHOOL OF EXCELLENCE THAT IS A CYBER SCHOOL AND IS AUTHORIZED UNDER PART 6E OF THE REVISED SCHOOL CODE, MCL 380.551 TO 380.561, BY A SCHOOL DISTRICT, INTERMEDIATE SCHOOL DISTRICT, COMMUNITY COLLEGE OTHER THAN A FEDERAL TRIBALLY CONTROLLED COMMUNITY COLLEGE, OR OTHER AUTHORIZING BODY THAT IS NOT EMPOWERED TO AUTHORIZE A SCHOOL OF EXCELLENCE TO OPERATE STATEWIDE AND IS ELIGIBLE TO RECEIVE FUNDING UNDER THIS ARTICLE, THE DEPARTMENT SHALL ASSIGN A DISTRICT CODE THAT INCLUDES AS THE FIRST 2 DIGITS THE COUNTY CODE IN WHICH THE AUTHORIZING BODY IS LOCATED. Sec. 11. (1) For the fiscal year ending September 30, 2015, there is appropriated for the public schools of this state and certain other state purposes relating to education the sum of $11,827,097,400.00 $11,814,097,400.00 from the state school aid fund, the sum of $18,000,000.00 from the MPSERS retirement obligation reform reserve fund created under section 147b, and the sum of $33,700,000.00 from the general fund. FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2016, THERE IS APPROPRIATED FOR THE PUBLIC SCHOOLS OF THIS STATE AND CERTAIN OTHER STATE PURPOSES RELATING TO EDUCATION THE SUM OF $12,074,660,100.00 FROM THE STATE SCHOOL AID FUND AND THE SUM OF $45,900,000.00 FROM THE GENERAL FUND. In addition, all other available federal funds are appropriated EACH FISCAL YEAR for the fiscal year YEARS ending September 30, 2015 AND SEPTEMBER 30, 2016. (2) The appropriations under this section shall be allocated as provided in this article. Money appropriated under this section from the general fund shall be expended to fund the purposes of this article before the expenditure of money appropriated under this section from the state school aid fund. (3) Any general fund allocations under this article that are not expended by the end of the state fiscal year are transferred to the school aid stabilization fund created under section 11a. Sec. 11a. (1) The school aid stabilization fund is created as a separate account within the state school aid fund established by section 11 of article IX of the state constitution of 1963. (2) The state treasurer may receive money or other assets from any source for deposit into the school aid stabilization fund. The state treasurer shall deposit into the school aid stabilization fund all of the following: (a) Unexpended and unencumbered state school aid fund revenue for a fiscal year that remains in the state school aid fund as of the bookclosing for that fiscal year. (b) Money statutorily dedicated to the school aid stabilization fund. (c) Money appropriated to the school aid stabilization fund. (3) Money available in the school aid stabilization fund may not be expended without a specific appropriation from the school aid stabilization fund. Money in the school aid stabilization fund shall be expended only for purposes for which state school aid fund money may be expended. (4) The state treasurer shall direct the investment of the school aid stabilization fund. The state treasurer shall credit to the school aid stabilization fund interest and earnings from fund investments. (5) Money in the school aid stabilization fund at the close of a fiscal year shall remain in the school aid stabilization fund and shall not lapse to the unreserved school aid fund balance or the general fund. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1087 (6) If the maximum amount appropriated under section 11 from the state school aid fund for a fiscal year exceeds the amount available for expenditure from the state school aid fund for that fiscal year, there is appropriated from the school aid stabilization fund to the state school aid fund an amount equal to the projected shortfall as determined by the department of treasury, but not to exceed available money in the school aid stabilization fund. If the money in the school aid stabilization fund is insufficient to fully fund an amount equal to the projected shortfall, the state budget director shall notify the legislature as required under section 296(2) and state payments in an amount equal to the remainder of the projected shortfall shall be prorated in the manner provided under section 296(3). (7) For 2014-2015, 2015-2016, in addition to the appropriations in section 11, there is appropriated from the school aid stabilization fund to the state school aid fund the amount necessary to fully fund the allocations under this article. Sec. 11j. From the appropriation in section 11, there is allocated an amount not to exceed $126,000,000.00 for 2014-2015 $126,500,000.00 FOR 2015-2016 for payments to the school loan bond redemption fund in the department of treasury on behalf of districts and intermediate districts. Notwithstanding section 296 or any other provision of this act, funds allocated under this section are not subject to proration and shall be paid in full. Sec. 11k. For 2014-2015, 2015-2016, there is appropriated from the general fund to the school loan revolving fund an amount equal to the amount of school bond loans assigned to the Michigan finance authority, not to exceed the total amount of school bond loans held in reserve as long-term assets. As used in this section, “school loan revolving fund” means that fund created in section 16c of the shared credit rating act, 1985 PA 227, MCL 141.1066c. Sec. 11m. From the appropriation in section 11, there is allocated for 2014-2015 an amount not to exceed $3,000,000.00 $0.00 AND THERE IS ALLOCATED FOR 2015-2016 AN AMOUNT NOT TO EXCEED $2,000,000.00 for fiscal year cashflow borrowing costs solely related to the state school aid fund established by section 11 of article IX of the state constitution of 1963. Sec. 11r. (1) From the appropriation in section 11, there is allocated FOR 2014-2015 an amount not to exceed $4,000,000.00 to be deposited into the distressed districts emergency grant fund created under this section for the purpose of funding grants under this section. (2) The distressed districts emergency grant fund is created as a separate account within the state school aid fund. The state treasurer may receive money or other assets from any source for deposit into the distressed districts emergency grant fund. The state treasurer shall direct the investment of the distressed districts emergency grant fund and shall credit to the distressed districts emergency grant fund interest and earnings from the fund. (3) Subject to subsection (4), AND EXCEPT AS OTHERWISE PROVIDED UNDER SUBSECTION (8), a district is eligible to receive a grant from the distressed districts emergency grant fund if either of the following applies: (a) The district has adopted a resolution authorizing the voluntary dissolution of the district approved by the state treasurer under section 12 of the revised school code, MCL 380.12, but the dissolution has not yet taken effect under that section. (b) The district is a receiving district under section 12 of the revised school code, MCL 380.12, and the district enrolls pupils who were previously enrolled in a district that was dissolved under section 12 of the revised school code, MCL 380.12, in the immediately preceding school year. (4) A district receiving funds under section 20g is not eligible to receive funds under this section. (5) The amount of a grant under this section shall be determined by the state treasurer after consultation with the superintendent of public instruction, but shall not exceed the estimated amount of remaining district costs in excess of available revenues, including, but not limited to, payroll, benefits, retirement system contributions, pupil transportation, food services, special education, building security, and other costs necessary to allow the district to operate schools directly and provide public education services until the end of the current school fiscal year. For a district that meets the eligibility criteria under subsection (3)(b), the amount of the grant shall be determined in the same manner as transition costs under section 20g. (6) Before disbursing funds under this section, the state treasurer shall notify the house and senate appropriations subcommittees on school aid and the house and senate fiscal agencies. The notification shall include, but not be limited to, the district receiving funds under this section, the amount of the funds awarded under this section, an explanation of the district conditions that necessitate funding under this section, and the intended use of funds disbursed under this section. (7) Money in the distressed districts emergency grant fund at the close of a fiscal year shall remain in the distressed districts emergency grant fund and shall not lapse to the state school aid fund or to the general fund. (8) FOR 2014-2015 ONLY, FOR A DISTRICT THAT IS A STRICT DISCIPLINE ACADEMY ESTABLISHED UNDER SECTIONS 1311B TO 1311M OF THE REVISED SCHOOL CODE, MCL 380.1311B TO 380.1311M, THAT SERVES AT LEAST 340 PUPILS AS REPORTED ON THE LINE LABELED “STATE AID MEMBERSHIP” IN THE MAY 2015 STATE AID FINANCIAL STATUS REPORT, AND THAT SERVICES A PROGRAM THAT PROVIDED PUPIL ACCOUNTING INFORMATION TO THE DEPARTMENT FOR THE OCTOBER 2013 DATA COLLECTION ON THE DEPARTMENT FORM ENTITLED “ANNUAL SURVEY OF CHILDREN IN LOCAL INSTITUTIONS FOR NEGLECTED OR DELINQUENT CHILDREN OR IN CORRECTIONAL INSTITUTIONS (TITLE I OF P.L. 107‑110)”, BUT FOR WHICH THE INFORMATION WAS NOT CORRECTLY COMPILED BY THE DEPARTMENT, THE DEPARTMENT SHALL AWARD A GRANT TO THAT DISTRICT UNDER THIS SUBSECTION FROM THE FUNDING ALLOCATED UNDER SUBSECTION (1) TO COMPENSATE THE DISTRICT FOR THE LOSS IN FEDERAL FUNDING THAT OCCURRED AS A RESULT OF THE DEPARTMENT’S 1088 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 INCORRECT COMPILATION. THE AMOUNT OF THE GRANT UNDER THIS SUBSECTION FOR THIS PURPOSE SHALL BE $178,000.00 FOR THE AMOUNT LOST FOR THE 2014-2015 SCHOOL YEAR. Sec. 15. (1) If a district or intermediate district fails to receive its proper apportionment, the department, upon satisfactory proof that the district or intermediate district was entitled justly, shall apportion the deficiency in the next apportionment. Subject to subsections (2) and (3), if a district or intermediate district has received more than its proper apportionment, the department, upon satisfactory proof, shall deduct the excess in the next apportionment. Notwithstanding any other provision in this article, state aid overpayments to a district, other than overpayments in payments for special education or special education transportation, may be recovered from any payment made under this article other than a special education or special education transportation payment, from the proceeds of a loan to the district under the emergency municipal loan act, 1980 PA 243, MCL 141.931 to 141.942, or from the proceeds of millage levied or pledged under section 1211 of the revised school code, MCL 380.1211. State aid overpayments made in special education or special education transportation payments may be recovered from subsequent special education or special education transportation payments, from the proceeds of a loan to the district under the emergency municipal loan act, 1980 PA 243, MCL 141.931 to 141.942, or from the proceeds of millage levied or pledged under section 1211 of the revised school code, MCL 380.1211. (2) If the result of an audit conducted by or for the department affects the current fiscal year membership, affected payments shall be adjusted in the current fiscal year. A deduction due to an adjustment made as a result of an audit conducted by or for the department, or as a result of information obtained by the department from the district, an intermediate district, the department of treasury, or the office of auditor general, shall be deducted from the district’s apportionments when the adjustment is finalized. At the request of the district and upon the district presenting evidence satisfactory to the department of the hardship, the department may grant up to an additional 4 years for the adjustment and may advance payments to the district otherwise authorized under this article if the district would otherwise experience a significant hardship in satisfying its financial obligations. FOR A DISTRICT THAT IS A STRICT DISCIPLINE ACADEMY ESTABLISHED UNDER SECTIONS 1311B TO 1311M OF THE REVISED SCHOOL CODE, MCL 380.1311B TO 380.1311M, AND THAT CLAIMED A HARDSHIP IN 2014-2015 BECAUSE OF AN OVERPAYMENT CAUSED BY A MISCALCULATION OF ITS PUPIL MEMBERSHIP FOR 2013-2014, THE DEPARTMENT SHALL CONSIDER THE AMOUNT OF REPAYMENT MADE BY THE DISTRICT AS OF THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SENTENCE TO CONSTITUTE FULL REPAYMENT AND THE DISTRICT IS NOT REQUIRED TO CONTINUE MAKING REPAYMENT FOR THE OVERPAYMENT THAT OCCURRED IN 2013-2014. (3) If, based on an audit by the department or the department’s designee or because of new or updated information received by the department, the department determines that the amount paid to a district or intermediate district under this article for the current fiscal year or a prior fiscal year was incorrect, the department shall make the appropriate deduction or payment in the district’s or intermediate district’s allocation in the next apportionment after the adjustment is finalized. The deduction or payment shall be calculated according to the law in effect in the fiscal year in which the incorrect amount was paid. If the district does not receive an allocation for the fiscal year or if the allocation is not sufficient to pay the amount of any deduction, the amount of any deduction otherwise applicable shall be satisfied from the proceeds of a loan to the district under the emergency municipal loan act, 1980 PA 243, MCL 141.931 to 141.942, or from the proceeds of millage levied or pledged under section 1211 of the revised school code, MCL 380.1211, as determined by the department. (4) The department may conduct audits, or may direct audits by designee of the department, for the current fiscal year and the immediately preceding 3 fiscal years of all records related to a program for which a district or intermediate district has received funds under this article. (5) Expenditures made by the department under this article that are caused by the write-off of prior year accruals may be funded by revenue from the write-off of prior year accruals. (6) In addition to funds appropriated in section 11 for all programs and services, there is appropriated for 2014-2015 AND FOR 2015-2016 for obligations in excess of applicable appropriations an amount equal to the collection of overpayments, but not to exceed amounts available from overpayments. Sec. 18. (1) Except as provided in another section of this article, each district or other entity shall apply the money received by the district or entity under this article to salaries and other compensation of teachers and other employees, tuition, transportation, lighting, heating, ventilation, water service, the purchase of textbooks, other supplies, and any other school operating expenditures defined in section 7. However, not more than 20% of the total amount received by a district under sections 22a and 22b or received by an intermediate district under section 81 may be transferred by the board to either the capital projects fund or to the debt retirement fund for debt service. The money shall not be applied or taken for a purpose other than as provided in this section. The department shall determine the reasonableness of expenditures and may withhold from a recipient of funds under this article the apportionment otherwise due upon a violation by the recipient. (2) A DISTRICT OR INTERMEDIATE DISTRICT SHALL ADOPT AN ANNUAL BUDGET IN A MANNER THAT COMPLIES WITH THE UNIFORM BUDGETING AND ACCOUNTING ACT, 1968 PA 2, MCL 141.421 TO 141.440A. Within 15 days after a board adopts its annual operating budget for the following school fiscal year, or after a board adopts a subsequent revision to that budget, the district shall make all of the following available through a link on its website home page, HOMEPAGE, or may make the information available through a link on its intermediate district’s website home page, HOMEPAGE, in a form and manner prescribed by the department: (a) The annual operating budget and subsequent budget revisions. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1089 (b) Using data that have already been collected and submitted to the department, a summary of district expenditures for the most recent fiscal year for which they are available, expressed in the following 2 pie charts: (i) A chart of personnel expenditures, broken into the following subcategories: (A) Salaries and wages. (B) Employee benefit costs, including, but not limited to, medical, dental, vision, life, disability, and long-term care benefits. (C) Retirement benefit costs. (D) All other personnel costs. (ii) A chart of all district expenditures, broken into the following subcategories: (A) Instruction. (B) Support services. (C) Business and administration. (D) Operations and maintenance. (c) Links to all of the following: (i) The current collective bargaining agreement for each bargaining unit. (ii) Each health care benefits plan, including, but not limited to, medical, dental, vision, disability, long-term care, or any other type of benefits that would constitute health care services, offered to any bargaining unit or employee in the district. (iii) The audit report of the audit conducted under subsection (4) for the most recent fiscal year for which it is available. (iv) The bids required under section 5 of the public employee health benefits act, 2007 PA 106, MCL 124.75. (v) The district’s written policy governing procurement of supplies, materials, and equipment. (vi) The district’s written policy establishing specific categories of reimbursable expenses, as described in section 1254(2) of the revised school code, MCL 380.1254. (vii) Either the district’s accounts payable check register for the most recent school fiscal year or a statement of the total amount of expenses incurred by board members or employees of the district that were reimbursed by the district for the most recent school fiscal year. (d) The total salary and a description and cost of each fringe benefit included in the compensation package for the superintendent of the district and for each employee of the district whose salary exceeds $100,000.00. (e) The annual amount spent on dues paid to associations. (f) The annual amount spent on lobbying or lobbying services. As used in this subdivision, “lobbying” means that term as defined in section 5 of 1978 PA 472, MCL 4.415. (g) Any deficit elimination plan or enhanced deficit elimination plan the district was required to submit under this article. (h) Identification of all credit cards maintained by the district as district credit cards, the identity of all individuals authorized to use each of those credit cards, the credit limit on each credit card, and the dollar limit, if any, for each individual’s authorized use of the credit card. (i) Costs incurred for each instance of out-of-state travel by the school administrator of the district that is fully or partially paid for by the district and the details of each of those instances of out-of-state travel, including at least identification of each individual on the trip, destination, and purpose. (3) For the information required under subsection (2)(a), (2)(b)(i), and (2)(c), an intermediate district shall provide the same information in the same manner as required for a district under subsection (2). (4) For the purposes of determining the reasonableness of expenditures, whether a district or intermediate district has received the proper amount of funds under this article, and whether a violation of this article has occurred, all of the following apply: (a) The department shall require that each district and intermediate district have an audit of the district’s or intermediate district’s financial and pupil accounting records conducted at least annually, and at such other times as determined by the department, at the expense of the district or intermediate district, as applicable. The audits must be performed by a certified public accountant or by the intermediate district superintendent, as may be required by the department, or in the case of a district of the first class by a certified public accountant, the intermediate superintendent, or the auditor general of the city. A district or intermediate district shall retain these records for the current fiscal year and from at least the 3 immediately preceding fiscal years. (b) If a district operates in a single building with fewer than 700 full-time equated pupils, if the district has stable membership, and if the error rate of the immediately preceding 2 pupil accounting field audits of the district is less than 2%, the district may have a pupil accounting field audit conducted biennially but must continue to have desk audits for each pupil count. The auditor must document compliance with the audit cycle in the pupil auditing manual. As used in this subdivision, “stable membership” means that the district’s membership for the current fiscal year varies from the district’s membership for the immediately preceding fiscal year by less than 5%. (c) A district’s or intermediate district’s annual financial audit shall include an analysis of the financial and pupil accounting data used as the basis for distribution of state school aid. (d) The pupil and financial accounting records and reports, audits, and management letters are subject to requirements established in the auditing and accounting manuals approved and published by the department. (e) All of the following shall be done not later than November 15, 2014 for reporting 2013-2014 data during 2014-2015, and not later than November 1 EACH YEAR for reporting the prior fiscal year data: for all subsequent fiscal years: (i) A district shall file the annual financial audit reports with the intermediate district and the department. 1090 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (ii) The intermediate district shall file the annual financial audit reports for the intermediate district with the department. (iii) The intermediate district shall enter the pupil membership audit reports for its constituent districts and for the intermediate district, for the pupil membership count day and supplemental count day, in the Michigan student data system. (f) The annual financial audit reports and pupil accounting procedures reports shall be available to the public in compliance with the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. (g) Not later than January 31 of each year, the department shall notify the state budget director and the legislative appropriations subcommittees responsible for review of the school aid budget of districts and intermediate districts that have not filed an annual financial audit and pupil accounting procedures report required under this section for the school year ending in the immediately preceding fiscal year. (5) By November 15, 2014 for 2014-2015 and by November 1 for all subsequent fiscal years, EACH YEAR, each district and intermediate district shall submit to the center, in a manner prescribed by the center, annual comprehensive financial data consistent with accounting manuals and charts of accounts approved and published by the department. For an intermediate district, the report shall also contain the website address where the department can access the report required under section 620 of the revised school code, MCL 380.620. The department shall ensure that the prescribed Michigan public school accounting manual chart of accounts includes standard conventions to distinguish expenditures by allowable fund function and object. The functions shall include at minimum categories for instruction, pupil support, instructional staff support, general administration, school administration, business administration, transportation, facilities operation and maintenance, facilities acquisition, and debt service; and shall include object classifications of salary, benefits, including categories for active employee health expenditures, purchased services, supplies, capital outlay, and other. Districts shall report the required level of detail consistent with the manual as part of the comprehensive annual financial report. (6) By September 30 of each year, each district and intermediate district shall file with the department the special education actual cost report, known as “SE-4096”, on a form and in the manner prescribed by the department. (7) By October 7 of each year, each district and intermediate district shall file with the center the transportation expenditure report, known as “SE-4094”, on a form and in the manner prescribed by the center. (8) The department shall review its pupil accounting and pupil auditing manuals at least annually and shall periodically update those manuals to reflect changes in this article. (9) If a district that is a public school academy purchases property using money received under this article, the public school academy shall retain ownership of the property unless the public school academy sells the property at fair market value. (10) If a district or intermediate district does not comply with subsections (4), (5), (6), and (7), the department shall withhold all state school aid due to the district or intermediate district under this article, beginning with the next payment due to the district or intermediate district, until the district or intermediate district complies with subsections (4), (5), (6), and (7). However, the department shall not withhold the payment due on October 20 due to the operation of this subsection. If the district or intermediate district does not comply with subsections (4), (5), (6), and (7) by the end of the fiscal year, the district or intermediate district forfeits the amount withheld. (11) IF A DISTRICT OR INTERMEDIATE DISTRICT DOES NOT COMPLY WITH SUBSECTION (2), THE DEPARTMENT MAY WITHHOLD UP TO 10% OF THE STATE SCHOOL AID OTHERWISE PAYABLE TO THE DISTRICT OR INTERMEDIATE DISTRICT UNDER THIS ARTICLE, BEGINNING WITH THE NEXT PAYMENT DUE TO THE DISTRICT OR INTERMEDIATE DISTRICT, UNTIL THE DISTRICT OR INTERMEDIATE DISTRICT COMPLIES WITH SUBSECTION (2). IF THE DISTRICT OR INTERMEDIATE DISTRICT DOES NOT COMPLY WITH SUBSECTION (2) BY THE END OF THE FISCAL YEAR, THE DISTRICT OR INTERMEDIATE DISTRICT FORFEITS THE AMOUNT WITHHELD. (12) (11) Not later than November 1, 2014, 2015, if a district or intermediate district offers online learning under section 21f, the district or intermediate district shall submit to the department a report that details the per-pupil costs of operating the online learning by vendor type. The report shall include at least all of the following information concerning the operation of online learning for the school fiscal year ending June 30, 2014:2015: (a) The name of the district operating the online learning and of each district that enrolled students in the online learning. (b) The total number of students enrolled in the online learning and the total number of membership pupils enrolled in the online learning. (c) For each pupil who is enrolled in a district other than the district offering online learning, the name of that district. (d) The district in which the pupil was enrolled before enrolling in the district offering online learning. (e) The number of participating students who had previously dropped out of school. (f) The number of participating students who had previously been expelled from school. (g) The total cost to enroll a student in the program. This cost shall be reported on a per-pupil, per-course, per-semester or trimester basis by vendor type. The total shall include costs broken down by cost for content development, content licensing, training, online instruction and instructional support, personnel, hardware and software, payment to each online learning provider, and other costs associated with operating online learning. (h) The name of each online education provider contracted by the district and the state in which each online education provider is headquartered. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1091 (13) (12) Not later than March 31, 2015, 2016, the department shall submit to the house and senate appropriations subcommittees on state school aid, the state budget director, and the house and senate fiscal agencies a report summarizing the per pupil costs by vendor type of online courses available under section 21f. (14) (13) As used in subsections (11) and (12), (12) AND (13), “vendor type” means the following: (a) Online courses provided by the Michigan virtual university. (b) Online courses provided by a school of excellence that is a cyber school, as defined in section 551 of the revised school code, MCL 380.551. (c) Online courses provided by third party vendors not affiliated with a Michigan public school. (d) Online courses created and offered by a district or intermediate district. Sec. 18a. Grant funds awarded and allotted to a district, intermediate district, or other entity, unless otherwise specified in this act, ARTICLE, shall be expended by the grant recipient before the end of the school fiscal year immediately following the fiscal year in which the funds are received. If a grant recipient does not expend the funds received under this act ARTICLE before the end of the fiscal year in which the funds are received, the grant recipient shall submit a report to the department not later than November 1 after the fiscal year in which the funds are received indicating whether it expects to expend those funds during the fiscal year in which the report is submitted. A recipient of a grant shall return any unexpended grant funds to the department in the manner prescribed by the department not later than September 30 after the fiscal year in which the funds are received. Sec. 20. (1) For 2014-2015, 2015-2016, both of the following apply: (a) The basic foundation allowance is $8,099.00.$8,169.00. (b) The minimum foundation allowance is $7,126.00.$7,391.00. (2) The amount of each district’s foundation allowance shall be calculated as provided in this section, using a basic foundation allowance in the amount specified in subsection (1). (3) Except as otherwise provided in this section, the amount of a district’s foundation allowance shall be calculated as follows, using in all calculations the total amount of the district’s foundation allowance as calculated before any proration: (a) Except as otherwise provided in this subdivision, for a district that had a foundation allowance for the immediately preceding state fiscal year that was equal to the minimum foundation allowance for the immediately preceding state fiscal year, but less than the basic foundation allowance for the immediately preceding state fiscal year, the district shall receive a foundation allowance in an amount equal to the sum of the district’s foundation allowance for the immediately preceding state fiscal year plus the difference between twice the dollar amount of the adjustment from the immediately preceding state fiscal year to the current state fiscal year made in the basic foundation allowance and [(the difference between the basic foundation allowance for the current state fiscal year and basic foundation allowance for the immediately preceding state fiscal year minus $10.00) $23.00) times (the difference between the district’s foundation allowance for the immediately preceding state fiscal year and the minimum foundation allowance for the immediately preceding state fiscal year) divided by the difference between the basic foundation allowance for the current state fiscal year and the minimum foundation allowance for the immediately preceding state fiscal year]. However, the foundation allowance for a district that had less than the basic foundation allowance for the immediately preceding state fiscal year shall not exceed the basic foundation allowance for the current state fiscal year. For the purposes of this subdivision, for 2014-2015, 2015-2016, the minimum foundation allowance for the immediately preceding state fiscal year shall be considered to be $7,076.00. For 2014-2015, for a district that had a foundation allowance for the immediately preceding state fiscal year that was at least equal to the minimum foundation allowance for the immediately preceding state fiscal year but less than the basic foundation allowance for the immediately preceding state fiscal year, the district shall receive a foundation allowance in an amount equal to the district’s foundation allowance for 2013-2014 plus $50.00.$7,251.00. (b) Except as otherwise provided in this subsection, for a district that in the immediately preceding state fiscal year had a foundation allowance in an amount equal to the amount of the basic foundation allowance for the immediately preceding state fiscal year, the district shall receive a foundation allowance for 2014-2015 2015-2016 in an amount equal to the basic foundation allowance for 2014-2015.2015-2016. (c) For a district that had a foundation allowance for the immediately preceding state fiscal year that was greater than the basic foundation allowance for the immediately preceding state fiscal year, the district’s foundation allowance is an amount equal to the sum of the district’s foundation allowance for the immediately preceding state fiscal year plus the lesser of the increase in the basic foundation allowance for the current state fiscal year, as compared to the immediately preceding state fiscal year, or the product of the district’s foundation allowance for the immediately preceding state fiscal year times the percentage increase in the United States consumer price index in the calendar year ending in the immediately preceding fiscal year as reported by the May revenue estimating conference conducted under section 367b of the management and budget act, 1984 PA 431, MCL 18.1367b. (d) For a district that has a foundation allowance that is not a whole dollar amount, the district’s foundation allowance shall be rounded up to the nearest whole dollar. (e) For a district that received a payment under section 22c as that section was in effect for 2013-2014, 2014-2015, the district’s 2013-2014 2014-2015 foundation allowance shall be considered to have been an amount equal to the sum of the district’s actual 2013-2014 2014-2015 foundation allowance as otherwise calculated under this section plus the per-pupil amount of the district’s equity payment for 2013-2014 2014-2015 under section 22c as that section was in effect for 2013‑2014.2014-2015. 1092 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (4) Except as otherwise provided in this subsection, the state portion of a district’s foundation allowance is an amount equal to the district’s foundation allowance or the basic foundation allowance for the current state fiscal year, whichever is less, minus the local portion of the district’s foundation allowance divided by the district’s membership excluding special education pupils. For a district described in subsection (3)(c), the state portion of the district’s foundation allowance is an amount equal to $6,962.00 plus the difference between the district’s foundation allowance for the current state fiscal year and the district’s foundation allowance for 1998-99, minus the local portion of the district’s foundation allowance divided by the district’s membership excluding special education pupils. For a district that has a millage reduction required under section 31 of article IX of the state constitution of 1963, the state portion of the district’s foundation allowance shall be calculated as if that reduction did not occur. For a receiving district, if school operating taxes continue to be levied on behalf of a dissolved district that has been attached in whole or in part to the receiving district to satisfy debt obligations of the dissolved district under section 12 of the revised school code, MCL 380.12, the taxable value per membership pupil of property in the receiving district used for the purposes of this subsection does not include the taxable value of property within the geographic area of the dissolved district. (5) The allocation calculated under this section for a pupil shall be based on the foundation allowance of the pupil’s district of residence. For a pupil enrolled pursuant to section 105 or 105c in a district other than the pupil’s district of residence, the allocation calculated under this section shall be based on the lesser of the foundation allowance of the pupil’s district of residence or the foundation allowance of the educating district. For a pupil in membership in a K-5, K-6, or K-8 district who is enrolled in another district in a grade not offered by the pupil’s district of residence, the allocation calculated under this section shall be based on the foundation allowance of the educating district if the educating district’s foundation allowance is greater than the foundation allowance of the pupil’s district of residence. (6) Except as otherwise provided in this subsection, for pupils in membership, other than special education pupils, in a public school academy, the allocation calculated under this section is an amount per membership pupil other than special education pupils in the public school academy equal to the foundation allowance of the district in which the public school academy is located or the state maximum public school academy allocation, whichever is less. FOR PUPILS IN MEMBERSHIP, OTHER THAN SPECIAL EDUCATION PUPILS, IN A PUBLIC SCHOOL ACADEMY THAT IS A CYBER SCHOOL AND IS AUTHORIZED BY A SCHOOL DISTRICT, THE ALLOCATION CALCULATED UNDER THIS SECTION IS AN AMOUNT PER MEMBERSHIP PUPIL OTHER THAN SPECIAL EDUCATION PUPILS IN THE PUBLIC SCHOOL ACADEMY EQUAL TO THE FOUNDATION ALLOWANCE OF THE DISTRICT THAT AUTHORIZED THE PUBLIC SCHOOL ACADEMY OR THE STATE MAXIMUM PUBLIC SCHOOL ACADEMY ALLOCATION, WHICHEVER IS LESS. However, a public school academy that had an allocation under this subsection before 2009-2010 that was equal to the sum of the local school operating revenue per membership pupil other than special education pupils for the district in which the public school academy is located and the state portion of that district’s foundation allowance shall not have that allocation reduced as a result of the 2010 amendment to this subsection. Notwithstanding section 101, for a public school academy that begins operations after the pupil membership count day, the amount per membership pupil calculated under this subsection shall be adjusted by multiplying that amount per membership pupil by the number of hours of pupil instruction provided by the public school academy after it begins operations, as determined by the department, divided by the minimum number of hours of pupil instruction required under section 101(3). The result of this calculation shall not exceed the amount per membership pupil otherwise calculated under this subsection. (7) Except as otherwise provided in this subsection, for pupils attending an achievement school and in membership in the education achievement system, other than special education pupils, the allocation calculated under this section is an amount per membership pupil other than special education pupils equal to the foundation allowance of the district in which the achievement school is located, not to exceed the basic foundation allowance. Notwithstanding section 101, for an achievement school that begins operation after the pupil membership count day, the amount per membership pupil calculated under this subsection shall be adjusted by multiplying that amount per membership pupil by the number of hours of pupil instruction provided by the achievement school after it begins operations, as determined by the department, divided by the minimum number of hours of pupil instruction required under section 101(3). The result of this calculation shall not exceed the amount per membership pupil otherwise calculated under this subsection. For the purposes of this subsection, if a public school is transferred from a district to the state school reform/redesign district or the achievement authority under section 1280c of the revised school code, MCL 380.1280c, that public school is considered to be an achievement school within the education achievement system and not a school that is part of a district, and a pupil attending that public school is considered to be in membership in the education achievement system and not in membership in the district that operated the school before the transfer. (8) Subject to subsection (4), for a district that is formed or reconfigured after June 1, 2002 by consolidation of 2 or more districts or by annexation, the resulting district’s foundation allowance under this section beginning after the effective date of the consolidation or annexation shall be the lesser of the sum of the average of the foundation allowances of each of the original or affected districts, calculated as provided in this section, weighted as to the percentage of pupils in total membership in the resulting district who reside in the geographic area of each of the original or affected districts plus $100.00 or the highest foundation allowance among the original or affected districts. This subsection does not apply to a receiving district unless there is a subsequent consolidation or annexation that affects the district. (9) Each fraction used in making calculations under this section shall be rounded to the fourth decimal place and the dollar amount of an increase in the basic foundation allowance shall be rounded to the nearest whole dollar. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1093 (10) State payments related to payment of the foundation allowance for a special education pupil are not calculated under this section but are instead calculated under section 51a. (11) To assist the legislature in determining the basic foundation allowance for the subsequent state fiscal year, each revenue estimating conference conducted under section 367b of the management and budget act, 1984 PA 431, MCL 18.1367b, shall calculate a pupil membership factor, a revenue adjustment factor, and an index as follows: (a) The pupil membership factor shall be computed by dividing the estimated membership in the school year ending in the current state fiscal year, excluding intermediate district membership, by the estimated membership for the school year ending in the subsequent state fiscal year, excluding intermediate district membership. If a consensus membership factor is not determined at the revenue estimating conference, the principals of the revenue estimating conference shall report their estimates to the house and senate subcommittees responsible for school aid appropriations not later than 7 days after the conclusion of the revenue conference. (b) The revenue adjustment factor shall be computed by dividing the sum of the estimated total state school aid fund revenue for the subsequent state fiscal year plus the estimated total state school aid fund revenue for the current state fiscal year, adjusted for any change in the rate or base of a tax the proceeds of which are deposited in that fund and excluding money transferred into that fund from the countercyclical budget and economic stabilization fund under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, by the sum of the estimated total school aid fund revenue for the current state fiscal year plus the estimated total state school aid fund revenue for the immediately preceding state fiscal year, adjusted for any change in the rate or base of a tax the proceeds of which are deposited in that fund. If a consensus revenue factor is not determined at the revenue estimating conference, the principals of the revenue estimating conference shall report their estimates to the house and senate subcommittees responsible for school aid appropriations not later than 7 days after the conclusion of the revenue conference. (c) The index shall be calculated by multiplying the pupil membership factor by the revenue adjustment factor. If a consensus index is not determined at the revenue estimating conference, the principals of the revenue estimating conference shall report their estimates to the house and senate subcommittees responsible for school aid appropriations not later than 7 days after the conclusion of the revenue conference. (12) Payments to districts, public school academies, or the education achievement system shall not be made under this section. Rather, the calculations under this section shall be used to determine the amount of state payments under section 22b. (13) If an amendment to section 2 of article VIII of the state constitution of 1963 allowing state aid to some or all nonpublic schools is approved by the voters of this state, each foundation allowance or per-pupil payment calculation under this section may be reduced. (14) As used in this section: (a) “Certified mills” means the lesser of 18 mills or the number of mills of school operating taxes levied by the district in 1993-94. (b) “Combined state and local revenue” means the aggregate of the district’s state school aid received by or paid on behalf of the district under this section and the district’s local school operating revenue. (c) “Combined state and local revenue per membership pupil” means the district’s combined state and local revenue divided by the district’s membership excluding special education pupils. (d) “Current state fiscal year” means the state fiscal year for which a particular calculation is made. (e) “Dissolved district” means a district that loses its organization, has its territory attached to 1 or more other districts, and is dissolved as provided under section 12 of the revised school code, MCL 380.12. (f) “Immediately preceding state fiscal year” means the state fiscal year immediately preceding the current state fiscal year. (g) “Local portion of the district’s foundation allowance” means an amount that is equal to the difference between (the sum of the product of the taxable value per membership pupil of all property in the district that is nonexempt property times the district’s certified mills and, for a district with certified mills exceeding 12, the product of the taxable value per membership pupil of property in the district that is commercial personal property times the certified mills minus 12 mills) and (the quotient of the product of the captured assessed valuation under tax increment financing acts times the district’s certified mills divided by the district’s membership excluding special education pupils). (h) “Local school operating revenue” means school operating taxes levied under section 1211 of the revised school code, MCL 380.1211. For a receiving district, if school operating taxes are to be levied on behalf of a dissolved district that has been attached in whole or in part to the receiving district to satisfy debt obligations of the dissolved district under section 12 of the revised school code, MCL 380.12, local school operating revenue does not include school operating taxes levied within the geographic area of the dissolved district. (i) “Local school operating revenue per membership pupil” means a district’s local school operating revenue divided by the district’s membership excluding special education pupils. (j) “Maximum public school academy allocation”, except as otherwise provided in this subdivision, means the maximum perpupil allocation as calculated by adding the highest per-pupil allocation among all public school academies for the immediately preceding state fiscal year plus the difference between twice the amount of the difference between the basic foundation allowance for the current state fiscal year and the basic foundation for the immediately preceding state fiscal year and [(the amount of the difference between the basic foundation allowance for the current state fiscal year and the basic foundation for the immediately preceding state fiscal year minus $10.00) $23.00) times (the difference between the highest per-pupil 1094 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 allocation among all public school academies for the immediately preceding state fiscal year and the minimum foundation allowance for the immediately preceding state fiscal year) divided by the difference between the basic foundation allowance for the current state fiscal year and the minimum foundation allowance for the immediately preceding state fiscal year]. For the purposes of this subdivision, for 2014-2015, the minimum foundation allowance for the immediately preceding state fiscal year shall be considered to be $7,076.00. For 2014-2015, FOR 2015-2016, the maximum public school academy allocation is $7,218.00.$7,391.00. (k) “Membership” means the definition of that term under section 6 as in effect for the particular fiscal year for which a particular calculation is made. (l) “Nonexempt property” means property that is not a principal residence, qualified agricultural property, qualified forest property, supportive housing property, industrial personal property, or commercial personal property, OR PROPERTY OCCUPIED BY A PUBLIC SCHOOL ACADEMY. (m) “Principal residence”, “qualified agricultural property”, “qualified forest property”, “supportive housing property”, “industrial personal property”, and “commercial personal property” mean those terms as defined in section 1211 of the revised school code, MCL 380.1211. (n) “Receiving district” means a district to which all or part of the territory of a dissolved district is attached under section 12 of the revised school code, MCL 380.12. (o) “School operating purposes” means the purposes included in the operation costs of the district as prescribed in sections 7 and 18 and purposes authorized under section 1211 of the revised school code, MCL 380.1211. (p) “School operating taxes” means local ad valorem property taxes levied under section 1211 of the revised school code, MCL 380.1211, and retained for school operating purposes. (q) “Tax increment financing acts” means 1975 PA 197, MCL 125.1651 to 125.1681, the tax increment finance authority act, 1980 PA 450, MCL 125.1801 to 125.1830, the local development financing act, 1986 PA 281, MCL 125.2151 to 125.2174, the brownfield redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2672, or the corridor improvement authority act, 2005 PA 280, MCL 125.2871 to 125.2899. (r) “Taxable value per membership pupil” means taxable value, as certified by the county treasurer and reported to the department, for the calendar year ending in the current state fiscal year divided by the district’s membership excluding special education pupils for the school year ending in the current state fiscal year. Sec. 20d. In making the final determination required under former section 20a of a district’s combined state and local revenue per membership pupil in 1993-94 and in making calculations under section 20 for 2014-2015, 2015-2016, the department and the department of treasury shall comply with all of the following: (a) For a district that had combined state and local revenue per membership pupil in the 1994-95 state fiscal year of $6,500.00 or more and served as a fiscal agent for a state board designated area vocational education center in the 1993-94 school year, total state school aid received by or paid on behalf of the district pursuant to this act in 1993-94 shall exclude payments made under former section 146 and under section 147 on behalf of the district’s employees who provided direct services to the area vocational education center. Not later than June 30, 1996, the department shall make an adjustment under this subdivision to the district’s combined state and local revenue per membership pupil in the 1994-95 state fiscal year and the department of treasury shall make a final certification of the number of mills that may be levied by the district under section 1211 of the revised school code, MCL 380.1211, as a result of the adjustment under this subdivision. (b) If a district had an adjustment made to its 1993-94 total state school aid that excluded payments made under former section 146 and under section 147 on behalf of the district’s employees who provided direct services for intermediate district center programs operated by the district under article 5, if nonresident pupils attending the center programs were included in the district’s membership for purposes of calculating the combined state and local revenue per membership pupil for 1993-94, and if there is a signed agreement by all constituent districts of the intermediate district that an adjustment under this subdivision shall be made, the foundation allowances for 1995-96 and 1996-97 of all districts that had pupils attending the intermediate district center program operated by the district that had the adjustment shall be calculated as if their combined state and local revenue per membership pupil for 1993-94 included resident pupils attending the center program and excluded nonresident pupils attending the center program. Sec. 20f. (1) From the funds appropriated in section 11, there is allocated an amount not to exceed $6,000,000.00 for 2014‑2015 $18,000,000.00 FOR 2015-2016 for payments to eligible districts under this section. (2) THE FUNDING UNDER THIS SUBSECTION IS FROM THE ALLOCATION UNDER SUBSECTION (1). A district is eligible for funding under this section SUBSECTION if the district received a payment under this section as it was in effect for 2013-2014. A district was eligible for funding in 2013-2014 if the sum of the following was less than $5.00: (a) The increase in the district’s foundation allowance or per-pupil payment as calculated under section 20 from 2012-2013 to 2013-2014. (b) The district’s equity payment per membership pupil under section 22c for 2013-2014. (c) The quotient of the district’s allocation under section 147a for 2012-2013 divided by the district’s membership pupils for 2012-2013 minus the quotient of the district’s allocation under section 147a for 2013-2014 divided by the district’s membership pupils for 2013-2014. (3) (2) The amount allocated to each eligible district under this section SUBSECTION (2) is an amount per membership pupil equal to the amount per membership pupil the district received UNDER THIS SECTION in 2013-2014. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1095 (4) THE FUNDING UNDER THIS SUBSECTION IS FROM THE ALLOCATION UNDER SUBSECTION (1). A DISTRICT IS ELIGIBLE FOR FUNDING UNDER THIS SUBSECTION FOR 2015-2016 IF THE SUM OF THE FOLLOWING IS LESS THAN $25.00: (A) THE INCREASE IN THE DISTRICT’S FOUNDATION ALLOWANCE OR PER-PUPIL PAYMENT AS CALCULATED UNDER SECTION 20 FROM 2014-2015 TO 2015-2016. (B) THE DECREASE IN THE DISTRICT’S BEST PRACTICES PER-PUPIL FUNDING UNDER SECTION 22F FROM 2014-2015 TO 2015-2016. (C) THE DECREASE IN THE DISTRICT’S PUPIL PERFORMANCE PER-PUPIL FUNDING UNDER SECTION 22J FROM 2014-2015 TO 2015-2016. (D) THE QUOTIENT OF THE DISTRICT’S ALLOCATION UNDER SECTION 31A FOR 2015-2016 DIVIDED BY THE DISTRICT’S MEMBERSHIP PUPILS FOR 2015-2016 MINUS THE QUOTIENT OF THE DISTRICT’S ALLOCATION UNDER SECTION 31A FOR 2014-2015 DIVIDED BY THE DISTRICT’S MEMBERSHIP PUPILS FOR 2014-2015. (5) THE AMOUNT ALLOCATED TO EACH ELIGIBLE DISTRICT UNDER SUBSECTION (4) IS AN AMOUNT PER MEMBERSHIP PUPIL EQUAL TO $25.00 MINUS THE SUM OF THE FOLLOWING: (A) THE INCREASE IN THE DISTRICT’S FOUNDATION ALLOWANCE OR PER-PUPIL PAYMENT AS CALCULATED UNDER SECTION 20 FROM 2014-2015 TO 2015-2016. (B) THE DECREASE IN THE DISTRICT’S BEST PRACTICES PER-PUPIL FUNDING UNDER SECTION 22F FROM 2014-2015 TO 2015-2016. (C) THE DECREASE IN THE DISTRICT’S PUPIL PERFORMANCE PER-PUPIL FUNDING UNDER SECTION 22J FROM 2014-2015 TO 2015-2016. (D) THE QUOTIENT OF THE DISTRICT’S ALLOCATION UNDER SECTION 31A FOR 2015-2016 DIVIDED BY THE DISTRICT’S MEMBERSHIP PUPILS FOR 2015-2016 MINUS THE QUOTIENT OF THE DISTRICT’S ALLOCATION UNDER SECTION 31A FOR 2014-2015 DIVIDED BY THE DISTRICT’S MEMBERSHIP PUPILS FOR 2014-2015. (6) (3) If the allocation under subsection (1) is insufficient to fully fund payments UNDER SUBSECTIONS (3) AND (5) as otherwise calculated under this section, the department shall prorate payments under this section on an equal per-pupil basis. Sec. 20g. (1) From the money appropriated under section 11, there is allocated an amount not to exceed $2,200,000.00 for 2014-2015 2015-2016 for grants to eligible districts that first received payments under this section in 2013-2014 for transition costs related to the enrollment of pupils who were previously enrolled in a district that was dissolved under section 12 of the revised school code, MCL 380.12, allocated as provided under subsection (3). Payments under this section shall continue for a total of 4 fiscal years following the dissolution of a district, after which the payments shall cease. (2) A receiving school district, as that term is defined in section 12 of the revised school code, MCL 380.12, is an eligible district under this section. (3) The amount allocated to each eligible district under This THIS section is an amount equal to the product of the number of membership pupils enrolled in the eligible district who were previously enrolled in the dissolved school district in the school year immediately preceding the dissolution, or who reside in the geographic area of the dissolved school district and are entering kindergarten, times 10.0% of the lesser of the foundation allowance of the eligible district as calculated under section 20 or the basic foundation allowance under section 20(1). (4) As used in this section, “dissolved school district” means a school district that has been declared dissolved under section 12 of the revised school code, 1976 PA 451, MCL 380.12. Sec. 21f. (1) A pupil enrolled in a district in any of grades 6 to 12 is eligible to enroll in an online course as provided for in this section. (2) With the consent of the pupil’s parent or legal guardian, a district shall enroll an eligible pupil in up to 2 online courses as requested by the pupil during an academic term, semester, or trimester. Unless the pupil is newly enrolled in the PUPIL’S PRIMARY district, the request for online course enrollment must be made in the academic term, semester, trimester, or summer preceding the enrollment. A district may not establish additional requirements that would prohibit a pupil from taking an online course. If a pupil has demonstrated previous success with online courses and the school leadership and the pupil’s parent or legal guardian determine that it is in the best interest of the pupil, a pupil may be enrolled in more than 2 online courses in a specific academic term, semester, or trimester. Consent of the pupil’s parent or legal guardian is not required if the pupil is at least age 18 or is an emancipated minor. (3) An eligible pupil may enroll in an online course published in the pupil’s educating PRIMARY district’s catalog of online courses described in subsection (7)(a) or the statewide catalog of online courses maintained by the Michigan virtual university VIRTUAL UNIVERSITY pursuant to section 98. (4) A PROVIDING district OR COMMUNITY COLLEGE shall determine whether or not it has capacity to accept applications for enrollment from nonresident applicants in online courses and may use that limit as the reason for refusal to enroll an applicant. If the number of nonresident applicants eligible for acceptance in an online course does not exceed the capacity of the PROVIDING district OR COMMUNITY COLLEGE to provide the online course, the PROVIDING district OR COMMUNITY COLLEGE shall accept for enrollment all of the nonresident applicants eligible for acceptance. If the 1096 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 number of nonresident applicants exceeds the PROVIDING district’s OR COMMUNITY COLLEGE’S capacity to provide the online course, the PROVIDING district OR COMMUNITY COLLEGE shall use a random draw system, subject to the need to abide by state and federal antidiscrimination laws and court orders. (5) A PUPIL’S PRIMARY district may deny a THE pupil enrollment in an online course if any of the following apply, as determined by the district: (a) The pupil has previously gained the credits provided from the completion of the online course. (b) The online course is not capable of generating academic credit. (c) The online course is inconsistent with the remaining graduation requirements or career interests of the pupil. (d) The pupil does not possess the prerequisite knowledge and skills to be successful in the online course or has demonstrated failure in previous online coursework in the same subject. (e) The online course is of insufficient quality or rigor. A district that denies a pupil enrollment for this reason shall make a reasonable effort to assist the pupil to find an alternative course in the same or a similar subject that is of acceptable rigor and quality. (f) The cost of the online course exceeds the amount identified in subsection (8), (10), unless the pupil’s parent or legal guardian agrees to pay the cost that exceeds this amount. (g) The online course enrollment request does not occur within the same timelines established by the PRIMARY district for enrollment and schedule changes for regular courses. (6) If a pupil is denied enrollment in an online course by a THE PUPIL’S PRIMARY district, the pupil may appeal the denial by submitting a letter to the superintendent of the intermediate district in which the pupil’s educating PRIMARY district is located. The letter of appeal shall include the reason provided by the PRIMARY district for not enrolling the pupil and the reason why the pupil is claiming that the enrollment should be approved. The intermediate district superintendent or designee shall respond to the appeal within 5 days after it is received. If the intermediate district superintendent or designee determines that the denial of enrollment does not meet 1 or more of the reasons specified in subsection (5), the PRIMARY district shall allow the pupil to enroll in the online course. (7) To offer or provide an online course under this section, a THE PROVIDING district or intermediate district shall do all of the following: (a) Provide the Michigan virtual university VIRTUAL UNIVERSITY with the course syllabus in a form and method prescribed by the Michigan virtual university VIRTUAL UNIVERSITY for inclusion in a statewide online course catalog. The district or intermediate district shall also provide on its publicly accessible website a link to the course syllabi for all of the online courses offered by the district or intermediate district and a link to the statewide catalog of online courses maintained by the Michigan virtual university.VIRTUAL UNIVERSITY. (B) ASSIGN TO EACH PUPIL A TEACHER OF RECORD AND PROVIDE THE PRIMARY DISTRICT WITH THE PERSONAL IDENTIFICATION CODE FOR THE TEACHER OF RECORD. (C) (b) Offer the online course on an open entry and exit method, or aligned to a semester, trimester, or accelerated academic term format. (D) (c) Not later than October 1, 2014, 2015, provide the Michigan virtual university with the number of enrollments in each online course the district or intermediate district offered PROVIDED to pupils pursuant to this section in the immediately preceding school year, and the number of enrollments in which the pupil earned 60% or more of the total course points for each online course. (8) TO PROVIDE AN ONLINE COURSE UNDER THIS SECTION, A COMMUNITY COLLEGE SHALL DO ALL OF THE FOLLOWING: (A) PROVIDE THE MICHIGAN VIRTUAL UNIVERSITY WITH THE COURSE SYLLABUS IN A FORM AND METHOD PRESCRIBED BY THE MICHIGAN VIRTUAL UNIVERSITY FOR INCLUSION IN A STATEWIDE ONLINE COURSE CATALOG. (B) OFFER THE ONLINE COURSE ON AN OPEN ENTRY AND EXIT METHOD, OR ALIGNED TO A SEMESTER, TRIMESTER, OR ACCELERATED ACADEMIC TERM FORMAT. (C) ENSURE THAT EACH ONLINE COURSE IT PROVIDES UNDER THIS SECTION GENERATES POSTSECONDARY CREDIT. (D) BEGINNING WITH OCTOBER 1, 2016, AND BY OCTOBER 1 OF EACH YEAR THEREAFTER, PROVIDE THE MICHIGAN VIRTUAL UNIVERSITY WITH THE NUMBER OF ENROLLMENTS IN EACH ONLINE COURSE THE COMMUNITY COLLEGE PROVIDED TO PUPILS PURSUANT TO THIS SECTION IN THE IMMEDIATELY PRECEDING SCHOOL YEAR, AND THE NUMBER OF ENROLLMENTS IN WHICH THE PUPIL EARNED 60% OR MORE OF THE TOTAL COURSE POINTS FOR EACH ONLINE COURSE. (E) BE TAUGHT BY AN INSTRUCTOR EMPLOYED BY OR CONTRACTED THROUGH THE COMMUNITY COLLEGE. (9) FOR ANY ONLINE COURSE A PUPIL ENROLLS IN UNDER THIS SECTION, THE PUPIL’S PRIMARY DISTRICT MUST ASSIGN TO THE PUPIL A MENTOR TO MONITOR THE PUPIL’S PROGRESS DURING THE ONLINE COURSE AND SHALL SUPPLY THE PROVIDING DISTRICT WITH THE MENTOR’S CONTACT INFORMATION. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1097 (10) (8) For a pupil enrolled in 1 or more online courses published in the pupil’s educating PRIMARY district’s catalog of online courses under subsection (7) or in the statewide catalog of online courses maintained by the Michigan virtual university, VIRTUAL UNIVERSITY, the PRIMARY district shall use foundation allowance or per-pupil funds calculated under section  0 to pay for the expenses associated with the online course or courses. The district shall pay 80% of the cost of the online course upon enrollment and 20% upon completion as determined by the district. A district is not required to pay toward the cost of an online course an amount that exceeds 8.33% 6.67% of the minimum foundation allowance for the current fiscal year as calculated under section 20. (11) (9) An online learning pupil shall have the same rights and access to technology in his or her primary district’s school facilities as all other pupils enrolled in the pupil’s primary district. (12) (10) If a pupil successfully completes an online course, as determined by the pupil’s primary district, the pupil’s primary district shall grant appropriate academic credit for completion of the course and shall count that credit toward completion of graduation and subject area requirements. A pupil’s school record and transcript shall identify the online course title as it appears in the online course syllabus. (13) (11) The enrollment of a pupil in 1 or more online courses shall not result in a pupil being counted as more than 1.0 fulltime equivalent pupils under this article. (14) (12) The portion of the full-time equated pupil membership for which a pupil is enrolled in 1 or more online courses under this section shall not be transferred under the pupil transfer process under section 25e. (15) (13) As used in this section: (A) “MENTOR” MEANS A PROFESSIONAL EMPLOYEE OF THE PRIMARY DISTRICT WHO MONITORS THE PUPIL’S PROGRESS, ENSURES THE PUPIL HAS ACCESS TO NEEDED TECHNOLOGY, IS AVAILABLE FOR ASSISTANCE, AND ENSURES ACCESS TO THE TEACHER OF RECORD. A MENTOR MAY ALSO SERVE AS THE TEACHER OF RECORD IF THE MENTOR MEETS THE REQUIREMENTS UNDER SUBDIVISION (G). (B) (a) “Online course” means a course of study that is capable of generating a credit or a grade, that is provided in an interactive internet-connected INTERNET-CONNECTED learning environment, in which pupils are separated from their teachers by time or location, or both, and, IF THE COURSE IS PROVIDED BY A DISTRICT OR INTERMEDIATE DISTRICT, in which a teacher who holds a valid Michigan teaching certificate THAT QUALIFIES THE TEACHER TO TEACH THE COURSE is responsible for PROVIDING INSTRUCTION, determining appropriate instructional methods for each pupil, diagnosing learning needs, assessing pupil learning, prescribing intervention strategies, reporting outcomes, and evaluating the effects of instruction and support strategies. (C) (b) “Online course syllabus” means a document that includes all of the following: (i) The state academic standards addressed in an online course. (ii) The online course content outline. (iii) The online course required assessments. (iv) The online course prerequisites. (v) Expectations for actual instructor contact time with the online learning pupil and other pupil-to-instructor communications. (vi) Academic support available to the online learning pupil. (vii) The online course learning outcomes and objectives. (viii) The name of the institution or organization providing the online content. (ix) The name of the institution or organization providing the online instructor. (x) The course titles assigned by the district or intermediate district and the course titles and course codes from the national center for education statistics NATIONAL CENTER FOR EDUCATION STATISTICS (NCES) school codes for the exchange of data (SCED). (xi) The number of eligible nonresident pupils that will be accepted by the district or intermediate district in the online course. (xii) The results of the online course quality review using the guidelines and model review process published by the Michigan virtual university.VIRTUAL UNIVERSITY. (D) (c) “Online learning pupil” means a pupil enrolled in 1 or more online courses. (E) (d) “Primary district” means the PUPIL’S district that enrolls the pupil and reports the pupil as a full-time equated pupil for pupil membership purposes.OF RESIDENCE. (F) “PROVIDING DISTRICT” MEANS THE DISTRICT, INTERMEDIATE DISTRICT, OR COMMUNITY COLLEGE THAT THE PRIMARY DISTRICT PAYS TO PROVIDE THE ONLINE COURSE. (G) “TEACHER OF RECORD” MEANS A TEACHER WHO HOLDS A VALID MICHIGAN TEACHING CERTIFICATE; WHO, IF APPLICABLE, IS ENDORSED IN THE SUBJECT AREA AND GRADE OF THE ONLINE COURSE; AND IS RESPONSIBLE FOR PROVIDING INSTRUCTION, DETERMINING INSTRUCTIONAL METHODS FOR EACH PUPIL, DIAGNOSING LEARNING NEEDS, ASSESSING PUPIL LEARNING, PRESCRIBING INTERVENTION STRATEGIES, REPORTING OUTCOMES, AND EVALUATING THE EFFECTS OF INSTRUCTION AND SUPPORT STRATEGIES. Sec. 22a. (1) From the appropriation in section 11, there is allocated an amount not to exceed $5,380,000,000.00 $5,377,000,000.00 for 2014-2015 AND AN AMOUNT NOT TO EXCEED $5,281,700,000.00 FOR 2015-2016 for payments 1098 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 to districts and qualifying public school academies to guarantee each district and qualifying public school academy an amount equal to its 1994-95 total state and local per pupil revenue for school operating purposes under section 11 of article IX of the state constitution of 1963. Pursuant to section 11 of article IX of the state constitution of 1963, this guarantee does not apply to a district in a year in which the district levies a millage rate for school district operating purposes less than it levied in 1994. However, subsection (2) applies to calculating the payments under this section. Funds allocated under this section that are not expended in the state fiscal year for which they were allocated, as determined by the department, may be used to supplement the allocations under sections 22b and 51c in order to fully fund those calculated allocations for the same fiscal year. (2) To ensure that a district receives an amount equal to the district’s 1994-95 total state and local per pupil revenue for school operating purposes, there is allocated to each district a state portion of the district’s 1994-95 foundation allowance in an amount calculated as follows: (a) Except as otherwise provided in this subsection, the state portion of a district’s 1994-95 foundation allowance is an amount equal to the district’s 1994-95 foundation allowance or $6,500.00, whichever is less, minus the difference between the sum of the product of the taxable value per membership pupil of all property in the district that is nonexempt property times the district’s certified mills and, for a district with certified mills exceeding 12, the product of the taxable value per membership pupil of property in the district that is commercial personal property times the certified mills minus 12 mills and the quotient of the ad valorem property tax revenue of the district captured under tax increment financing acts divided by the district’s membership. For a district that has a millage reduction required under section 31 of article IX of the state constitution of 1963, the state portion of the district’s foundation allowance shall be calculated as if that reduction did not occur. For a receiving district, if school operating taxes are to be levied on behalf of a dissolved district that has been attached in whole or in part to the receiving district to satisfy debt obligations of the dissolved district under section 12 of the revised school code, MCL 380.12, taxable value per membership pupil of all property in the receiving district that is nonexempt property and taxable value per membership pupil of property in the receiving district that is commercial personal property do not include property within the geographic area of the dissolved district; ad valorem property tax revenue of the receiving district captured under tax increment financing acts does not include ad valorem property tax revenue captured within the geographic boundaries of the dissolved district under tax increment financing acts; and certified mills do not include the certified mills of the dissolved district. (b) For a district that had a 1994-95 foundation allowance greater than $6,500.00, the state payment under this subsection shall be the sum of the amount calculated under subdivision (a) plus the amount calculated under this subdivision. The amount calculated under this subdivision shall be equal to the difference between the district’s 1994-95 foundation allowance minus $6,500.00 and the current year hold harmless school operating taxes per pupil. If the result of the calculation under subdivision (a) is negative, the negative amount shall be an offset against any state payment calculated under this subdivision. If the result of a calculation under this subdivision is negative, there shall not be a state payment or a deduction under this subdivision. The taxable values per membership pupil used in the calculations under this subdivision are as adjusted by ad valorem property tax revenue captured under tax increment financing acts divided by the district’s membership. For a receiving district, if school operating taxes are to be levied on behalf of a dissolved district that has been attached in whole or in part to the receiving district to satisfy debt obligations of the dissolved district under section 12 of the revised school code, MCL 380.12, ad valorem property tax revenue captured under tax increment financing acts do not include ad valorem property tax revenue captured within the geographic boundaries of the dissolved district under tax increment financing acts. (3) Beginning in 2003-2004, for pupils in membership in a qualifying public school academy, there is allocated under this section to the authorizing body that is the fiscal agent for the qualifying public school academy for forwarding to the qualifying public school academy an amount equal to the 1994-95 per pupil payment to the qualifying public school academy under section 20. (4) A district or qualifying public school academy may use funds allocated under this section in conjunction with any federal funds for which the district or qualifying public school academy otherwise would be eligible. (5) Except as otherwise provided in this subsection, for a district that is formed or reconfigured after June 1, 2000 by consolidation of 2 or more districts or by annexation, the resulting district’s 1994-95 foundation allowance under this section beginning after the effective date of the consolidation or annexation shall be the average of the 1994-95 foundation allowances of each of the original or affected districts, calculated as provided in this section, weighted as to the percentage of pupils in total membership in the resulting district in the state fiscal year in which the consolidation takes place who reside in the geographic area of each of the original districts. If an affected district’s 1994-95 foundation allowance is less than the 1994-95 basic foundation allowance, the amount of that district’s 1994-95 foundation allowance shall be considered for the purpose of calculations under this subsection to be equal to the amount of the 1994-95 basic foundation allowance. This subsection does not apply to a receiving district unless there is a subsequent consolidation or annexation that affects the district. (6) Payments under this section are subject to section 25f. (7) As used in this section: (a) “1994-95 foundation allowance” means a district’s 1994-95 foundation allowance calculated and certified by the department of treasury or the superintendent under former section 20a as enacted in 1993 PA 336 and as amended by 1994 PA 283. (b) “Certified mills” means the lesser of 18 mills or the number of mills of school operating taxes levied by the district in 1993-94. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1099 (c) “Current state fiscal year” means the state fiscal year for which a particular calculation is made. (d) “Current year hold harmless school operating taxes per pupil” means the per pupil revenue generated by multiplying a district’s 1994-95 hold harmless millage by the district’s current year taxable value per membership pupil. For a receiving district, if school operating taxes are to be levied on behalf of a dissolved district that has been attached in whole or in part to the receiving district to satisfy debt obligations of the dissolved district under section 12 of the revised school code, MCL 380.12, taxable value per membership pupil does not include the taxable value of property within the geographic area of the dissolved district. (e) “Dissolved district” means a district that loses its organization, has its territory attached to 1 or more other districts, and is dissolved as provided under section 12 of the revised school code, MCL 380.12. (f) “Hold harmless millage” means, for a district with a 1994-95 foundation allowance greater than $6,500.00, the number of mills by which the exemption from the levy of school operating taxes on a homestead, qualified agricultural property, qualified forest property, supportive housing property, industrial personal property, and commercial personal property, AND PROPERTY OCCUPIED BY A PUBLIC SCHOOL ACADEMY could be reduced as provided in section 1211 of the revised school code, MCL 380.1211, and the number of mills of school operating taxes that could be levied on all property as provided in section 1211(2) of the revised school code, MCL 380.1211, as certified by the department of treasury for the 1994 tax year. For a receiving district, if school operating taxes are to be levied on behalf of a dissolved district that has been attached in whole or in part to the receiving district to satisfy debt obligations of the dissolved district under section 12 of the revised school code, MCL 380.12, school operating taxes do not include school operating taxes levied within the geographic area of the dissolved district. (g) “Homestead”, “qualified agricultural property”, “qualified forest property”, “supportive housing property”, “industrial personal property”, and “commercial personal property” mean those terms as defined in section 1211 of the revised school code, MCL 380.1211. (h) “Membership” means the definition of that term under section 6 as in effect for the particular fiscal year for which a particular calculation is made. (i) “Nonexempt property” means property that is not a principal residence, qualified agricultural property, qualified forest property, supportive housing property, industrial personal property, or commercial personal property, OR PROPERTY OCCUPIED BY A PUBLIC SCHOOL ACADEMY. (j) “Qualifying public school academy” means a public school academy that was in operation in the 1994-95 school year and is in operation in the current state fiscal year. (k) “Receiving district” means a district to which all or part of the territory of a dissolved district is attached under section 12 of the revised school code, MCL 380.12. (l) “School operating taxes” means local ad valorem property taxes levied under section 1211 of the revised school code, MCL 380.1211, and retained for school operating purposes as defined in section 20. (m) “Tax increment financing acts” means 1975 PA 197, MCL 125.1651 to 125.1681, the tax increment finance authority act, 1980 PA 450, MCL 125.1801 to 125.1830, the local development financing act, 1986 PA 281, MCL 125.2151 to 125.2174, the brownfield redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2672, or the corridor improvement authority act, 2005 PA 280, MCL 125.2871 to 125.2899. (n) “Taxable value per membership pupil” means each of the following divided by the district’s membership: (i) For the number of mills by which the exemption from the levy of school operating taxes on a homestead, qualified agricultural property, qualified forest property, supportive housing property, industrial personal property, and commercial personal property, AND PROPERTY OCCUPIED BY A PUBLIC SCHOOL ACADEMY may be reduced as provided in section 1211 of the revised school code, MCL 380.1211, the taxable value of homestead, qualified agricultural property, qualified forest property, supportive housing property, industrial personal property, and commercial personal property, AND PROPERTY OCCUPIED BY A PUBLIC SCHOOL ACADEMY for the calendar year ending in the current state fiscal year. For a receiving district, if school operating taxes are to be levied on behalf of a dissolved district that has been attached in whole or in part to the receiving district to satisfy debt obligations of the dissolved district under section 12 of the revised school code, MCL 380.12, mills do not include mills within the geographic area of the dissolved district. (ii) For the number of mills of school operating taxes that may be levied on all property as provided in section 1211(2) of the revised school code, MCL 380.1211, the taxable value of all property for the calendar year ending in the current state fiscal year. For a receiving district, if school operating taxes are to be levied on behalf of a dissolved district that has been attached in whole or in part to the receiving district to satisfy debt obligations of the dissolved district under section 12 of the revised school code, MCL 380.12, school operating taxes do not include school operating taxes levied within the geographic area of the dissolved district. Sec. 22b. (1) From the appropriation in section 11, there is allocated an amount not to exceed $3,434,000,000.00 $3,440,000,000.00 for 2014-2015 AND AN AMOUNT NOT TO EXCEED $3,728,000,000.00 FOR 2015-2016 for discretionary nonmandated payments to districts under this section. Funds allocated under this section that are not expended in the state fiscal year for which they were allocated, as determined by the department, may be used to supplement the allocations under sections 22a and 51c in order to fully fund those calculated allocations for the same fiscal year. 1100 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (2) Subject to subsection (3) and section 296, the allocation to a district under this section shall be an amount equal to the sum of the amounts calculated under sections 20, 51a(2), 51a(3), and 51a(11), minus the sum of the allocations to the district under sections 22a and 51c. (3) In order to receive an allocation under subsection (1), each district shall do all of the following: (a) Comply with section 1280b of the revised school code, MCL 380.1280b. (b) Comply with sections 1278a and 1278b of the revised school code, MCL 380.1278a and 380.1278b. (c) Furnish data and other information required by state and federal law to the center and the department in the form and manner specified by the center or the department, as applicable. (d) Comply with section 1230g of the revised school code, MCL 380.1230g. (e) Comply with section 21f. (4) Districts are encouraged to use funds allocated under this section for the purchase and support of payroll, human resources, and other business function software that is compatible with that of the intermediate district in which the district is located and with other districts located within that intermediate district. (5) From the allocation in subsection (1), the department shall pay up to $1,000,000.00 in litigation costs incurred by this state related to commercial or industrial property tax appeals, including, but not limited to, appeals of classification, that impact revenues dedicated to the state school aid fund. (6) From the allocation in subsection (1), the department shall pay up to $1,000,000.00 in litigation costs incurred by this state associated with lawsuits filed by 1 or more districts or intermediate districts against this state. If the allocation under this section is insufficient to fully fund all payments required under this section, the payments under this subsection shall be made in full before any proration of remaining payments under this section. (7) It is the intent of the legislature that all constitutional obligations of this state have been fully funded under sections 22a, 31d, 51a, 51c, and 152a. If a claim is made by an entity receiving funds under this article that challenges the legislative determination of the adequacy of this funding or alleges that there exists an unfunded constitutional requirement, the state budget director may escrow or allocate from the discretionary funds for nonmandated payments under this section the amount as may be necessary to satisfy the claim before making any payments to districts under subsection (2). If funds are escrowed, the escrowed funds are a work project appropriation and the funds are carried forward into the following fiscal year. The purpose of the work project is to provide for any payments that may be awarded to districts as a result of litigation. The work project shall be completed upon resolution of the litigation. (8) If the local claims review board or a court of competent jurisdiction makes a final determination that this state is in violation of section 29 of article IX of the state constitution of 1963 regarding state payments to districts, the state budget director shall use work project funds under subsection (7) or allocate from the discretionary funds for nonmandated payments under this section the amount as may be necessary to satisfy the amount owed to districts before making any payments to districts under subsection (2). (9) If a claim is made in court that challenges the legislative determination of the adequacy of funding for this state’s constitutional obligations or alleges that there exists an unfunded constitutional requirement, any interested party may seek an expedited review of the claim by the local claims review board. If the claim exceeds $10,000,000.00, this state may remove the action to the court of appeals, and the court of appeals shall have and shall exercise jurisdiction over the claim. (10) If payments resulting from a final determination by the local claims review board or a court of competent jurisdiction that there has been a violation of section 29 of article IX of the state constitution of 1963 exceed the amount allocated for discretionary nonmandated payments under this section, the legislature shall provide for adequate funding for this state’s constitutional obligations at its next legislative session. (11) If a lawsuit challenging payments made to districts related to costs reimbursed by federal title XIX Medicaid funds is filed against this state, then, for the purpose of addressing potential liability under such a lawsuit, the state budget director may place funds allocated under this section in escrow or allocate money from the funds otherwise allocated under this section, up to a maximum of 50% of the amount allocated in subsection (1). If funds are placed in escrow under this subsection, those funds are a work project appropriation and the funds are carried forward into the following fiscal year. The purpose of the work project is to provide for any payments that may be awarded to districts as a result of the litigation. The work project shall be completed upon resolution of the litigation. In addition, this state reserves the right to terminate future federal title XIX Medicaid reimbursement payments to districts if the amount or allocation of reimbursed funds is challenged in the lawsuit. As used in this subsection, “title XIX” means title XIX of the social security act, 42 USC 1396 to 1396v. (12) Payments under this section are subject to section 25f. Sec. 22d. (1) From the appropriation in section 11, an amount not to exceed $2,584,600.00 $5,000,000.00 is allocated for 2014-2015 2015-2016 for supplemental payments to rural districts under this section. (2) From the allocation under subsection (1), there is allocated for 2014-2015 2015-2016 an amount not to exceed $957,300.00 for payments under this subsection to districts that meet all of the following: (a) Operates grades K to 12. (b) Has fewer than 250 pupils in membership. (c) Each school building operated by the district meets at least 1 of the following: (i) Is located in the Upper Peninsula at least 30 miles from any other public school building. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1101 (ii) Is located on an island that is not accessible by bridge. (3) The amount of the additional funding to each eligible district under subsection (2) shall be determined under a spending plan developed as provided in this subsection and approved by the superintendent of public instruction. The spending plan shall be developed cooperatively by the intermediate superintendents of each intermediate district in which an eligible district is located. The intermediate superintendents shall review the financial situation of each eligible district, determine the minimum essential financial needs of each eligible district, and develop and agree on a spending plan that distributes the available funding under subsection (2) to the eligible districts based on those financial needs. The intermediate superintendents shall submit the spending plan to the superintendent of public instruction for approval. Upon approval by the superintendent of public instruction, the amounts specified for each eligible district under the spending plan are allocated under subsection (2) and shall be paid to the eligible districts in the same manner as payments under section 22b. (4) Subject to subsection (6), from the allocation in subsection (1), there is allocated for 2014-2015 2015-2016 an amount not to exceed $1,627,300.00 $4,042,700.00 for payments under this subsection to districts that meet all of the following: (a) The district has 5.0 HAVE 7.3 or fewer pupils per square mile as determined by the department. (b) The district has a total square mileage greater than 200.0 or is 1 of 2 districts that have consolidated transportation services and have a combined total square mileage greater than 200.0. (5) The funds allocated under subsection (4) shall be allocated on an equal per-pupil basis. (6) A district receiving funds allocated under subsection (2) is not eligible for funding allocated under subsection (4). Sec. 22g. (1) From the funds appropriated in section 11, there is allocated for 2014-2015 2015-2016 only an amount not to exceed $2,000,000.00 $5,000,000.00 for competitive assistance grants to districts and intermediate districts. (2) Funds received under this section may be used for reimbursement of transition costs associated with the consolidation OR ANNEXATION of operations or services between 2 or more districts , OR intermediate districts. , or other local units of government, the consolidation or sharing of technology and data operations or services between 50 or more districts or 5 or more intermediate districts, or the consolidation of districts or intermediate districts. Grant funding shall be available for consolidations OR ANNEXATIONS that occur on or after June 1, 2014. The department shall develop an application process and method of grant distribution. The department shall give priority to applicants that propose including at least 1 of the following statewide activities: 2015. DISTRICTS MAY SPEND FUNDS ALLOCATED UNDER THIS SECTION OVER 3 FISCAL YEARS. (a) A comprehensive, research-based academic early warning indicator and dropout prevention solution. (b) A data-driven system for identifying early reading challenges and establishing individual reading development plans for every student by the end of grade 3. Sec. 22i. (1) From the funds appropriated in section 11, there is allocated for 2013-2014 an amount not to exceed $45,000,000.00 and there is allocated for 2014-2015 2015-2016 an amount not to exceed $41,500,000.00 $23,500,000.00 for the technology READINESS infrastructure grant program for districts or intermediate districts on behalf of their constituent districts. Funds received under this subsection SECTION shall be used for the development or improvement of a district’s DISTRICTS’ technology HARD infrastructure, the shared services consolidation of technology and data , and FOR THE COORDINATION AND STRATEGIC PURCHASING OF hardware AND SOFTWARE in preparation for the planned implementation in 2014-2015 of online assessments.DELIVERY OF ASSESSMENTS THROUGH ONLINE MODELS. THIS ALLOCATION SHALL NOT BE MADE AFTER 2015-2016. (2) The SUBJECT TO THE REQUIREMENTS OF THIS SECTION, THE department shall develop a competitive application process and method of grant distribution to eligible districts and intermediate districts that demonstrate need for grants under subsection (1). The department may consult with the department of technology, management, and budget during the grant process and grant distribution. Grants to districts shall not exceed $2,000,000.00 per district. A grant to an intermediate district on behalf of its constituent districts shall not exceed $2,000,000.00 per constituent district. To receive a grant under subsection (1), an intermediate district shall demonstrate that a grant awarded to the intermediate district on behalf of its constituent districts would provide savings compared to providing grants to individual districts. THE DEPARTMENT SHALL GIVE ADDITIONAL CONSIDERATION TO APPLICANTS THAT PROPOSE EXTERNAL PARTNERSHIPS AND ARTICULATE PLANS FOR SUSTAINABILITY BEYOND THE GRANT FUNDING. (3) From the general fund money appropriated in section 11, there is allocated an amount not to exceed $5,000,000.00 for 2013-2014 to be awarded through a competitive bid process to a single provider of whole-school technology as described in this subsection. The department shall issue a single request for proposal with application rules written and administered by the department, and with a focus on economic and geographic diversity. To be eligible to receive the grant under this section, a provider shall meet all of the following: (a) Agrees to submit evaluation criteria in a form and manner determined by the department. (b) Provides at least all of the following: (i) One-to-one mobile devices. (ii) Laptop or desktop computers for each classroom. (iii) On- and off-campus filtering. (iv) Wireless networks and peripherals. (v) Wireless audio equipment. 1102 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (vi) Operating software. (vii) Instructional software. (viii) Repairs and replacements. (ix) Professional development. (x) Ongoing support. (3) FROM THE MONEY ALLOCATED IN SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $11,250,000.00 FOR DISTRICT PARTICIPATION INCENTIVES AS DESCRIBED IN THIS SUBSECTION. GRANTS AWARDED UNDER THIS SUBSECTION SHALL BE DISTRIBUTED ON AN EQUAL PER PUPIL BASIS, NOT TO EXCEED $10.00 PER PUPIL. TO RECEIVE FUNDING UNDER THIS SUBSECTION, A DISTRICT MUST MEET ALL OF THE FOLLOWING: (A) THE DISTRICT AGREES TO LIMIT THE SPENDING OF PARTICIPATION INCENTIVE GRANTS TO TECHNOLOGY READINESS EFFORTS, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: (i) ONLINE OR DIGITAL ASSESSMENT, INCLUDING UNIVERSAL DIAGNOSTIC SCREENING TOOLS. (ii) IN-BUILDING WIRELESS CONNECTIVITY. (iii) NETWORK SERVICES, SUCH AS ADDITIONAL BANDWIDTH AND CONTENT FILTERING. (iv) COMPUTER OR DEVICE PURCHASING. (v) TECHNOLOGY READINESS FOR INSTRUCTION AND DATA COLLABORATIONS THAT SUPPORT ONLINE ASSESSMENT READINESS. (B) THE DISTRICT AGREES TO BE REPRESENTED IN THE PROGRAM KNOWN AS “TRIG SPONSORED STATEWIDE 470 BIDS FOR E-RATE FUNDING” AND TO CONSIDER USING THE AWARDED VENDORS. HOWEVER, THE DISTRICT IS NOT OBLIGATED TO PURCHASE FROM THAT BID OR THOSE VENDORS. (C) THE DISTRICT AGREES TO PARTICIPATE IN ANY SURVEY OR DATA COLLECTION PROCESS CONSIDERED NECESSARY BY THE DEPARTMENT. (D) THE DISTRICT ENSURES THAT ITS INTERMEDIATE DISTRICT ALSO AGREES TO REQUIREMENTS OF SUBDIVISIONS (A) TO (C) FOR THE DISTRICT TO RECEIVE PARTICIPATION FUNDS. (4) FROM THE MONEY ALLOCATED IN SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $9,250,000.00 FOR DEVICE PURCHASING INCENTIVES. (5) FROM THE MONEY ALLOCATED IN SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $2,200,000.00 FOR DATA SYSTEMS INTEGRATION. (6) FROM THE MONEY ALLOCATED IN SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $300,000.00 FOR E-RATE ACTIVITIES. (7) FROM THE MONEY ALLOCATED IN SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $500,000.00 FOR ADMINISTRATION OF THE TECHNOLOGY READINESS INFRASTRUCTURE GRANT PROGRAM. (8) NOT LATER THAN JANUARY 1, 2017, THE DEPARTMENT SHALL CONSOLIDATE AND PREPARE A SUMMARY FROM THE TOTAL PROJECT REPORTS FROM EACH GRANTEE UNDER THIS SECTION TO INCLUDE MEASURABLE OUTCOMES BASED ON GRANT OBJECTIVES. THE REPORT SHALL INCLUDE A SUMMARY OF COMPILED DATA FROM EACH GRANTEE TO PROVIDE A MEANS TO EVALUATE THE EFFECTIVENESS OF THE GRANT PROJECT. THE DEPARTMENT SHALL SUBMIT THE REPORT TO THE HOUSE AND SENATE APPROPRIATIONS SUBCOMMITTEES ON STATE SCHOOL AID AND ON THE DEPARTMENT BUDGET AND TO THE HOUSE AND SENATE FISCAL AGENCIES. (9) (4) The funds allocated under subsection (1) are a work project appropriation. Any unexpended funds for 2013-2014 are carried forward into 2014-2015 and any unexpended funds for 2014-2015 are carried forward into 2015-2016. The purpose of the work project is to continue to implement the projects described under this section. The estimated completion date of the work project is September 30, 2016.2015-2016 SHALL LAPSE TO THE STATE SCHOOL AID FUND. (10) FROM THE FUNDS APPROPRIATED UNDER THIS ARTICLE, THE DEPARTMENT SHALL NOT CONTRACT FOR OR PAY FOR A CONTRACT THAT CREATES INFORMATIONAL TECHNOLOGY INFRASTRUCTURE THAT IS OWNED OR OPERATED BY THIS STATE, A LOCAL UNIT OF GOVERNMENT, A COMMUNITY COLLEGE OR STATE PUBLIC UNIVERSITY, OR A DISTRICT OR INTERMEDIATE DISTRICT, AND IS OPERATED IN A MANNER THAT PROVIDES INFORMATIONAL TECHNOLOGY SERVICES TO PUBLIC ENTITIES IN COMPETITION WITH BUSINESSES LOCATED IN THIS STATE. (11) AS USED IN THIS SECTION: (A) “HARD INFRASTRUCTURE” MEANS TECHNOLOGY HARDWARE NECESSARY TO MOVE TO AN ONLINE LEARNING AND TESTING ENVIRONMENT, INCLUDING, BUT NOT LIMITED TO, FIBER, SERVERS, WIRELESS COMPUTING NETWORKS, AND NECESSARY PERIPHERALS. (B) “SHARED SERVICES CONSOLIDATION OF TECHNOLOGY AND DATA” MEANS PROJECTS THAT SUPPORT THE MOVE TO A COLLABORATIVE MULTIPLE ORGANIZATIONAL APPROACH TO MANAGING HARDWARE, SOFTWARE, PERIPHERALS, AND DATA INTEGRATION AND DISPLAY OF APPROPRIATE INFORMATION FOR PARENTS, TEACHERS, ADMINISTRATORS, AND THIS STATE. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1103 Sec. 23a. (1) A dropout recovery program operated by a district qualifies for the special membership counting provisions of section 6(4)(ff) 6(4)(DD) and the hours and day of pupil instruction exemption under section 101(12) if the dropout recovery program meets all of the following: (a) Enrolls only eligible pupils. (b) Provides an advocate. An advocate may serve in that role for more than 1 pupil but no more than 50 pupils. An advocate may be employed by the district or may be provided by an education management organization that is partnering with the district. Before an individual is assigned to be an advocate for a pupil in the dropout recovery program, the district shall comply with sections 1230 and 1230a of the revised school code, MCL 380.1230 and 380.1230a, with respect to that individual. (c) Develops a written learning plan. (d) Monitors the pupil’s progress against the written learning plan. (e) Requires each pupil to make satisfactory monthly progress, as defined by the district under subsection (2). (f) Reports the pupil’s progress results to the partner district at least monthly. (g) The program may be operated on or off a district school campus, but may be operated using distance learning online only if the program provides a computer and internet access for each eligible pupil participating in the program. (h) Is operated throughout the entire calendar year. (i) If the district partners with an education management organization for the program, the education management organization has a dropout recovery program partnership relationship with at least 1 other district. (2) A district operating a dropout recovery program under this section shall adopt a definition of satisfactory monthly progress that is consistent with the definition of that term under subsection (3). (3) As used in this section: (a) “Advocate” means an adult available to meet in person with assigned pupils, as needed, to conduct social interventions, to proctor final examinations, and to provide academic and social support to pupils enrolled in the district’s dropout recovery program. (b) “Education management organization” means a private provider that operates 1 or more other dropout recovery programs that meet the requirements of this section in partnership with 1 or more districts. (c) “Eligible pupil” means a pupil who has been expelled from school under the mandatory expulsion provisions in section 1311 or 1311a of the revised school code, MCL 380.1311 and 380.1311a, a pupil who has been suspended or expelled from school under a local policy, a pupil who is referred by a court, a pupil who is pregnant or is a parent, a pupil who was previously a dropout, or a pupil who is determined by the district to be at risk of dropping out. (d) “Satisfactory monthly progress” means an amount of progress that is measurable on a monthly basis and that, if continued for a full 12 months, would result in the same amount of academic credit being awarded to the pupil as would be awarded to a general education pupil completing a full school year. Satisfactory monthly progress may include a lesser required amount of progress for the first 2 months a pupil participates in the program. (e) “Written learning plan” means a written plan developed in conjunction with the advocate that includes the plan start and end dates, courses to be taken, credit to be earned for each course, teacher of record for each course, and advocate name and contact information. Sec. 24. (1) From the appropriation in section 11, there is allocated for 2014-2015 2015-2016 an amount not to exceed $8,000,000.00 for payments to the educating district or intermediate district for educating pupils assigned by a court or the department of HEALTH AND human services to reside in or to attend a juvenile detention facility or child caring institution licensed by the department of HEALTH AND human services and approved by the department to provide an on-grounds education program. The amount of the payment under this section to a district or intermediate district shall be calculated as prescribed under subsection (2). (2) The total amount allocated under this section shall be allocated by paying to the educating district or intermediate district an amount equal to the lesser of the district’s or intermediate district’s added cost or the department’s approved per-pupil allocation for the district or intermediate district. For the purposes of this subsection: (a) “Added cost” means 100% of the added cost each fiscal year for educating all pupils assigned by a court or the department of HEALTH AND human services to reside in or to attend a juvenile detention facility or child caring institution licensed by the department of HEALTH AND human services or the department of licensing and regulatory affairs and approved by the department to provide an on-grounds education program. Added cost shall be computed by deducting all other revenue received under this article for pupils described in this section from total costs, as approved by the department, in whole or in part, for educating those pupils in the on-grounds education program or in a program approved by the department that is located on property adjacent to a juvenile detention facility or child caring institution. Costs reimbursed by federal funds are not included. (b) “Department’s approved per-pupil allocation” for a district or intermediate district shall be determined by dividing the total amount allocated under this section for a fiscal year by the full-time equated membership total for all pupils approved by the department to be funded under this section for that fiscal year for the district or intermediate district. (3) A district or intermediate district educating pupils described in this section at a residential child caring institution may operate, and receive funding under this section for, a department-approved on-grounds educational program for those pupils that is longer than 181 days, but not longer than 233 days, if the child caring institution was licensed as a child caring institution and offered in 1991-92 an on-grounds educational program that was longer than 181 days but not longer than 233 days and that was operated by a district or intermediate district. 1104 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (4) Special education pupils funded under section 53a shall not be funded under this section. Sec. 24a. From the appropriation in section 11, there is allocated an amount not to exceed $2,195,500.00 for 2014-2015 $2,189,800.00 FOR 2015-2016 for payments to intermediate districts for pupils who are placed in juvenile justice service facilities operated by the department of HEALTH AND human services. Each intermediate district shall receive an amount equal to the state share of those costs that are clearly and directly attributable to the educational programs for pupils placed in facilities described in this section that are located within the intermediate district’s boundaries. The intermediate districts receiving payments under this section shall cooperate with the department of HEALTH AND human services to ensure that all funding allocated under this section is utilized by the intermediate district and department of HEALTH AND human services for educational programs for pupils described in this section. Pupils described in this section are not eligible to be funded under section 24. However, a program responsibility or other fiscal responsibility associated with these pupils shall not be transferred from the department of HEALTH AND human services to a district or intermediate district unless the district or intermediate district consents to the transfer. Sec. 24c. From the appropriation in section 11, there is allocated an amount not to exceed $1,500,000.00 for 2014-2015 $1,497,400.00 FOR 2015-2016 for payments to districts for pupils who are enrolled in a nationally administered communitybased education and youth mentoring program, known as the youth challenge program, that is administered by the department of military and veterans affairs. Both of the following apply to a district receiving payments under this section: (a) The district shall contract with the department of military and veterans affairs to ensure that all funding allocated under this section is utilized by the district and the department of military and veterans affairs for the youth challenge program. (b) The district may retain for its administrative expenses an amount not to exceed 3% of the amount of the payment the district receives under this section. Sec. 25e. (1) The pupil membership transfer application and pupil transfer process administered by the center under this section shall be used for processing pupil transfers. (2) If a pupil counted in membership for the pupil membership count day transfers from a district or intermediate district to enroll in another district or intermediate district after the pupil membership count day and before the supplemental count day and, due to the pupil’s enrollment and attendance status as of the pupil membership count day, the pupil was not counted in membership in the educating district or intermediate district, the educating district or intermediate district may report the enrollment and attendance information to the center through the pupil transfer process within 30 days after the transfer or within 30 days after the pupil membership count certification date, whichever is later. Pupil transfers may be submitted no earlier than the first day after the certification deadline for the pupil membership count day and before the supplemental count day. Upon receipt of the transfer information under this subsection indicating that a pupil has enrolled and is in attendance in an educating district or intermediate district as described in this subsection, the pupil transfer process shall do the following: (a) Notify the district in which the pupil was previously enrolled. (b) Notify both the pupil auditing staff of the intermediate district in which the educating district is located and the pupil auditing staff of the intermediate district in which the district that previously enrolled the pupil is located. The pupil auditing staff shall investigate a representative sample based on required audit sample sizes in the pupil auditing manual and may deny the pupil membership transfer. (c) Aggregate the districtwide changes and notify the department for use in adjusting the state aid payment system. (3) The department shall do all of the following: (a) Adjust the membership calculation for each district or intermediate district in which the pupil was previously counted in membership or that previously received an adjustment in its membership calculation under this section due to a change in the pupil’s enrollment and attendance so that the district’s or intermediate district’s membership is prorated to allow the district or intermediate district to receive for each school day, as determined by the financial calendar furnished by the center, in which the pupil was enrolled and in attendance in the district or intermediate district an amount equal to 1/105 of a full-time equated membership claimed in the fall pupil membership count. The district or intermediate district shall receive a prorated foundation allowance in an amount equal to the product of the adjustment under this subdivision for the district or intermediate district multiplied by the foundation allowance or per-pupil payment as calculated under section 20 for the district or intermediate district. The foundation allowance or per-pupil payment shall be adjusted by the pupil’s full-time equated status as affected by the membership definition under section 6(4). (b) Adjust the membership calculation for the educating district or intermediate district in which the pupil is enrolled and is in attendance so that the district’s or intermediate district’s membership is increased to allow the district or intermediate district to receive an amount equal to the difference between the full-time equated membership claimed in the fall pupil membership count and the sum of the adjustments calculated under subdivision (a) for each district or intermediate district in which the pupil was previously enrolled and in attendance. The educating district or intermediate district shall receive a prorated foundation allowance in an amount equal to the product of the adjustment under this subdivision for the educating district or intermediate district multiplied by the foundation allowance or per-pupil payment as calculated under section 20 for the educating district or intermediate district. The foundation allowance or per-pupil payment shall be adjusted by the pupil’s full-time equated status as affected by the membership definition under section 6(4). (4) The changes in calculation of state school aid required under subsection (3) shall take effect as of the date that the pupil becomes enrolled and in attendance in the educating district or intermediate district, and the department shall base all No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1105 subsequent payments under this article for the fiscal year to the affected districts or intermediate districts on this recalculation of state school aid. (5) If a pupil enrolls in an educating district or intermediate district as described in subsection (2), the district or intermediate district in which the pupil is counted in membership or another educating district or intermediate district that received an adjustment in its membership calculation under subsection (3), if any, and the educating district or intermediate district shall provide to the center and the department all information they require to comply with this section. (6) Not later than December 1, 2014, the center in conjunction with the department shall report to the legislature data related to the implementation of this section, including, but not limited to, the number of transfer transactions and the net change in pupil memberships in 2013-2014 by district and intermediate district. (6) (7) The portion of the full-time equated pupil membership for which a pupil is enrolled in 1 or more online courses under section 21f shall not be counted or transferred under the pupil transfer process under this section. (7) THE CENTER SHALL DETERMINE THE NUMBER OF PUPILS WHO DID NOT RESIDE IN THIS STATE AS OF THE 2015-2016 PUPIL MEMBERSHIP COUNT DAY BUT WHO NEWLY ENROLLED IN A DISTRICT OR INTERMEDIATE DISTRICT AFTER THAT PUPIL MEMBERSHIP COUNT DAY AND BEFORE THE 2015-2016 SUPPLEMENTAL COUNT DAY. THE CENTER SHALL FURTHER DETERMINE THE NUMBER OF PUPILS WHO WERE COUNTED IN MEMBERSHIP FOR THE 2015-2016 PUPIL MEMBERSHIP COUNT DAY BUT WHO LEFT THIS STATE BEFORE THE 2015-2016 SUPPLEMENTAL COUNT DAY. THE CENTER SHALL PROVIDE A REPORT TO THE SENATE AND HOUSE APPROPRIATIONS SUBCOMMITTEES ON STATE SCHOOL AID, AND TO THE SENATE AND HOUSE FISCAL AGENCIES, DETAILING THE NUMBER OF PUPILS TRANSFERRING IN FROM ANOTHER STATE OR TRANSFERRING OUT FROM THIS STATE BETWEEN THE PUPIL MEMBERSHIP COUNT DAY AND SUPPLEMENTAL COUNT DAY AS DESCRIBED IN THIS SUBSECTION. THE CENTER SHALL INCLUDE IN THE REPORT A DISCUSSION OF BENEFITS AND OBSTACLES TO DEVELOPING A PUPIL ENROLLMENT PROCESS FOR PUPILS WHO NEWLY ENROLL IN A DISTRICT OR INTERMEDIATE DISTRICT AFTER THE PUPIL MEMBERSHIP COUNT DAY AND BEFORE THE SUPPLEMENTAL COUNT DAY, AND DEVELOPING A PROCESS FOR DEDUCTING PUPILS WHO WERE COUNTED ON THE PUPIL MEMBERSHIP COUNT DAY AND TRANSFER OUT OF THIS STATE BEFORE THE SUPPLEMENTAL COUNT DAY. (8) As used in this section: (a) “Educating district or intermediate district” means the district or intermediate district in which a pupil enrolls after the pupil membership count day or after an adjustment was made in another district’s or intermediate district’s membership calculation under this section due to the pupil’s enrollment and attendance. (b) “Pupil” means that term as defined under section 6 and also children receiving early childhood special education programs and services. Sec. 25f. (1) From the state school aid fund money appropriated in section 11, there is allocated an amount not to exceed $2,000,000.00 for 2014-2015 $1,000,000.00 FOR 2015-2016 for payments to strict discipline academies established under sections 1311b to 1311m of the revised school code, MCL 380.1311b to 380.1311m, as provided under this section. and for the purposes described in subsection (5). (2) In order to receive funding under this section, a strict discipline academy shall first comply with section 25e and use the pupil transfer process under that section for changes in enrollment as prescribed under that section. (3) Not later than June 30, 2015, a strict discipline academy shall report to the center and to the department, in a manner prescribed by the center and the department, the following information for 2014-2015: (a) The number of pupils enrolled and in attendance at the strict discipline academy. (b) The number of days each pupil enrolled was in attendance at the strict discipline academy, not to exceed 180. (4) The amount of the payment to a strict discipline academy under this section shall be an amount equal to the difference between the product of 1/180 of the per-pupil payment as calculated under section 20 for the strict discipline academy multiplied by the number of days of pupil attendance reported under subsection (3)(b) minus the product of the per-pupil payment as calculated under section 20 for the strict discipline academy multiplied by the pupils in membership at the strict discipline academy as calculated under section 6 and as adjusted by section 25e. (5) If the operation of the special membership counting provisions under section 6(4)(dd) and the other membership counting provisions under section 6(4) result in a pupil being counted as more than 1.0 FTE in a fiscal year, then the payment made for the pupil under sections 22a and 22b shall not be based on more than 1.0 FTE for that pupil, and that portion of the FTE that exceeds 1.0 shall be paid under this section in an amount equal to that portion multiplied by the educating district’s foundation allowance or per-pupil payment calculated under section 20. (3) THE TOTAL AMOUNT ALLOCATED TO A STRICT DISCIPLINE ACADEMY UNDER THIS SECTION IS AN AMOUNT EQUAL TO THE LESSER OF THE STRICT DISCIPLINE ACADEMY’S ADDED COST OR THE DEPARTMENT’S APPROVED PER-PUPIL ALLOCATION FOR THE STRICT DISCIPLINE ACADEMY. HOWEVER, THE SUM OF THE AMOUNTS RECEIVED BY A STRICT DISCIPLINE ACADEMY UNDER THIS SECTION AND UNDER SECTION 24 SHALL NOT EXCEED THE PRODUCT OF THE STRICT DISCIPLINE ACADEMY’S PER-PUPIL ALLOCATION CALCULATED UNDER SECTION 20 MULTIPLIED BY THE STRICT 1106 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 DISCIPLINE ACADEMY’S FULL-TIME EQUATED MEMBERSHIP. THE DEPARTMENT SHALL ALLOCATE FUNDS TO STRICT DISCIPLINE ACADEMIES UNDER THIS SECTION ON A MONTHLY BASIS. FOR THE PURPOSES OF THIS SUBSECTION: (A) “ADDED COST” MEANS 100% OF THE ADDED COST EACH FISCAL YEAR FOR EDUCATING ALL PUPILS ENROLLED AND IN REGULAR DAILY ATTENDANCE AT A STRICT DISCIPLINE ACADEMY. ADDED COST SHALL BE COMPUTED BY DEDUCTING ALL OTHER REVENUE RECEIVED UNDER THIS ARTICLE FOR PUPILS DESCRIBED IN THIS SUBSECTION FROM TOTAL COSTS, AS APPROVED BY THE DEPARTMENT, IN WHOLE OR IN PART, FOR EDUCATING THOSE PUPILS IN A STRICT DISCIPLINE ACADEMY. THE DEPARTMENT SHALL INCLUDE ALL COSTS INCLUDING, BUT NOT LIMITED TO, EDUCATIONAL COSTS, INSURANCE, MANAGEMENT FEES, TECHNOLOGY COSTS, LEGAL FEES, AUDITING FEES, INTEREST, PUPIL ACCOUNTING COSTS, AND ANY OTHER ADMINISTRATIVE COSTS NECESSARY TO OPERATE THE PROGRAM OR TO COMPLY WITH STATUTORY REQUIREMENTS. COSTS REIMBURSED BY FEDERAL FUNDS ARE NOT INCLUDED. (B) “DEPARTMENT’S APPROVED PER-PUPIL ALLOCATION” FOR A STRICT DISCIPLINE ACADEMY SHALL BE DETERMINED BY DIVIDING THE TOTAL AMOUNT ALLOCATED UNDER THIS SUBSECTION FOR A FISCAL YEAR BY THE FULL-TIME EQUATED MEMBERSHIP TOTAL FOR ALL PUPILS APPROVED BY THE DEPARTMENT TO BE FUNDED UNDER THIS SUBSECTION FOR THAT FISCAL YEAR FOR THE STRICT DISCIPLINE ACADEMY. (4) SPECIAL EDUCATION PUPILS FUNDED UNDER SECTION 53A SHALL NOT BE FUNDED UNDER THIS SECTION. (5) (6) If the funds allocated under this section are insufficient to fully fund the adjustments under subsections (4) and (5), SUBSECTION (3), payments under this section shall be prorated on an equal per-pupil basis. (6) (7) Payments to districts under this section shall be made according to the payment schedule under section 17b. SEC. 25G. (1) FROM THE STATE SCHOOL AID FUND MONEY APPROPRIATED IN SECTION 11, THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $1,000,000.00 FOR 2015-2016 FOR THE PURPOSES OF THIS SECTION. IF THE OPERATION OF THE SPECIAL MEMBERSHIP COUNTING PROVISIONS UNDER SECTION 6(4)(DD) AND THE OTHER MEMBERSHIP COUNTING PROVISIONS UNDER SECTION 6(4) RESULT IN A PUPIL BEING COUNTED AS MORE THAN 1.0 FTE IN A FISCAL YEAR, THEN THE PAYMENT MADE FOR THE PUPIL UNDER SECTIONS 22A AND 22B SHALL NOT BE BASED ON MORE THAN 1.0 FTE FOR THAT PUPIL, AND THAT PORTION OF THE FTE THAT EXCEEDS 1.0 SHALL BE PAID UNDER THIS SECTION IN AN AMOUNT EQUAL TO THAT PORTION MULTIPLIED BY THE EDUCATING DISTRICT’S FOUNDATION ALLOWANCE OR PER-PUPIL PAYMENT CALCULATED UNDER SECTION 20. (2) SPECIAL EDUCATION PUPILS FUNDED UNDER SECTION 53A SHALL NOT BE FUNDED UNDER THIS SECTION. (3) IF THE FUNDS ALLOCATED UNDER THIS SECTION ARE INSUFFICIENT TO FULLY FUND THE ADJUSTMENTS UNDER SUBSECTION (1), PAYMENTS UNDER THIS SECTION SHALL BE PRORATED ON AN EQUAL PER-PUPIL BASIS. (4) PAYMENTS TO DISTRICTS UNDER THIS SECTION SHALL BE MADE ACCORDING TO THE PAYMENT SCHEDULE UNDER SECTION 17B. Sec. 26a. From the funds appropriated in section 11, there is allocated an amount not to exceed $26,300,000.00 for 2014‑2015 2015-2016 to reimburse districts and intermediate districts pursuant to section 12 of the Michigan renaissance zone act, 1996 PA 376, MCL 125.2692, for taxes levied in 2014. 2015. The allocations shall be made not later than 60 days after the department of treasury certifies to the department and to the state budget director that the department of treasury has received all necessary information to properly determine the amounts due to each eligible recipient. Sec. 26b. (1) From the appropriation in section 11, there is allocated for 2014-2015 2015-2016 an amount not to exceed $4,210,000.00 $4,276,800.00 for payments to districts, intermediate districts, and community college districts for the portion of the payment in lieu of taxes obligation that is attributable to districts, intermediate districts, and community college districts pursuant to section 2154 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.2154. (2) If the amount appropriated under this section is not sufficient to fully pay obligations under this section, payments shall be prorated on an equal basis among all eligible districts, intermediate districts, and community college districts. Sec. 26c. (1) From the appropriation in section 11, there is allocated an amount not to exceed $293,100.00 for 2014-2015 $610,000.00 FOR 2015-2016 to the promise zone fund created in subsection (3). (2) Funds allocated to the promise zone fund under this section shall be used solely for payments to eligible districts and intermediate districts that have a promise zone development plan approved by the department of treasury under section 7 of the Michigan promise zone authority act, 2008 PA 549, MCL 390.1667. (3) The promise zone fund is created as a separate account within the state school aid fund to be used solely for the purposes of the Michigan promise zone authority act, 2008 PA 549, MCL 390.1661 to 390.1679. All of the following apply to the promise zone fund: (a) The state treasurer shall direct the investment of the promise zone fund. The state treasurer shall credit to the promise zone fund interest and earnings from fund investments. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1107 (b) Money in the promise zone fund at the close of a fiscal year shall remain in the promise zone fund and shall not lapse to the general fund. (4) Subject to subsection (2), the state treasurer may make payments from the promise zone fund to eligible districts and intermediate districts pursuant to the Michigan promise zone authority act, 2008 PA 549, MCL 390.1661 to 390.1679, to be used for the purposes of a promise zone authority created under that act. Sec. 31a. (1) From the state school aid fund money appropriated in section 11, there is allocated for 2014-2015 2015-2016 an amount not to exceed $317,695,500.00 $389,695,500.00 for payments to eligible districts, eligible public school academies, and the education achievement system for the purposes of ensuring that pupils are proficient in reading by the end of grade 3 and that high school graduates are career and college ready and for the purposes under subsections (6) and (7).(7) AND (8). (2) For a district or public school academy, or the education achievement system, to be eligible to receive funding under this section, other than funding under subsection (6) or (7), (7) OR (8), the sum of the district’s or public school academy’s or the education achievement system’s combined state and local revenue per membership pupil in the current state fiscal year, as calculated under section 20, must be less than or equal to the basic foundation allowance under section 20 for the current state fiscal year. (3) FOR A DISTRICT OR PUBLIC SCHOOL ACADEMY THAT OPERATES GRADES K TO 3, OR THE EDUCATION ACHIEVEMENT SYSTEM, TO BE ELIGIBLE TO RECEIVE FUNDING UNDER THIS SECTION, OTHER THAN FUNDING UNDER SUBSECTION (7) OR (8), THE DISTRICT OR PUBLIC SCHOOL ACADEMY, OR THE EDUCATION ACHIEVEMENT SYSTEM, MUST IMPLEMENT, FOR AT LEAST GRADES K TO 3, A MULTI-TIERED SYSTEM OF SUPPORTS THAT IS AN EVIDENCE-BASED MODEL THAT USES DATA-DRIVEN PROBLEM SOLVING TO INTEGRATE ACADEMIC AND BEHAVIORAL INSTRUCTION AND THAT USES INTERVENTION DELIVERED TO ALL PUPILS IN VARYING INTENSITIES BASED ON PUPIL NEEDS. THIS MULTI-TIERED SYSTEM OF SUPPORTS MUST PROVIDE AT LEAST ALL OF THE FOLLOWING ESSENTIAL ELEMENTS: (A) IMPLEMENTS EFFECTIVE INSTRUCTION FOR ALL LEARNERS. (B) INTERVENES EARLY. (C) PROVIDES A MULTI-TIERED MODEL OF INSTRUCTION AND INTERVENTION THAT PROVIDES THE FOLLOWING: (i) A CORE CURRICULUM AND CLASSROOM INTERVENTIONS AVAILABLE TO ALL PUPILS THAT MEET THE NEEDS OF MOST PUPILS. (ii) TARGETED GROUP INTERVENTIONS. (iii) INTENSE INDIVIDUAL INTERVENTIONS. (D) MONITORS PUPIL PROGRESS TO INFORM INSTRUCTION. (E) USES DATA TO MAKE INSTRUCTIONAL DECISIONS. (F) USES ASSESSMENTS INCLUDING UNIVERSAL SCREENING, DIAGNOSTICS, AND PROGRESS MONITORING. (G) ENGAGES FAMILIES AND THE COMMUNITY. (H) IMPLEMENTS EVIDENCE-BASED, SCIENTIFICALLY VALIDATED, INSTRUCTION AND INTERVEN­TION. (I) IMPLEMENTS INSTRUCTION AND INTERVENTION PRACTICES WITH FIDELITY. (J) USES A COLLABORATIVE PROBLEM-SOLVING MODEL. (4) (3) Except as otherwise provided in this subsection, an eligible district or eligible public school academy or the education achievement system shall receive under this section for each membership pupil in the district or public school academy or the education achievement system who met the income eligibility criteria for free breakfast, lunch, or milk, as determined under the Richard B. Russell national school lunch act, 42 USC 1751 to 1769, and as reported to the department in the form and manner prescribed by the department not later than the fifth Wednesday after the pupil membership count day of the immediately preceding fiscal year and adjusted not later than December 31 of the immediately preceding fiscal year, an amount per pupil equal to 11.5% of the sum of the district’s foundation allowance or the public school academy’s or the education achievement system’s per pupil amount calculated under section 20, not to exceed the basic foundation allowance under section 20 for the current state fiscal year, or of the public school academy’s or the education achievement system’s per membership pupil amount calculated under section 20 for the current state fiscal year. However, a public school academy that began operations as a public school academy, or an achievement school that began operations as an achievement school, after the pupil membership count day of the immediately preceding school year shall receive under this section for each membership pupil in the public school academy or in the education achievement system who met the income eligibility criteria for free breakfast, lunch, or milk, as determined under the Richard B. Russell national school lunch act and as reported to the department not later than the fifth Wednesday after the pupil membership count day of the current fiscal year and adjusted not later than December 31 of the current fiscal year, an amount per pupil equal to 11.5% of the public school academy’s or the education achievement system’s per membership pupil amount calculated under section 20 for the current state fiscal year. (5) (4) Except as otherwise provided in this section, a district or public school academy, or the education achievement system, receiving funding under this section shall use that money only to provide instructional programs and direct noninstructional services, including, but not limited to, medical, mental health, or counseling services, for at-risk pupils; for school health 1108 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 clinics; and for the purposes of subsection (5), (6), (7), or (10). (6), (7), (8), OR (11). In addition, a district that is a school district of the first class or a district or public school academy in which at least 50% of the pupils in membership met the income eligibility criteria for free breakfast, lunch, or milk in the immediately preceding state fiscal year, as determined and reported as described in subsection (3), (4), or the education achievement system if it meets this requirement, may use not more than 20% of the funds it receives under this section for school security. A district, the public school academy, or the education achievement system shall not use any of that money for administrative costs. The instruction or direct noninstructional services provided under this section may be conducted before or after regular school hours or by adding extra school days to the school year. (6) (5) A district or public school academy that receives funds under this section and that operates a school breakfast program under section 1272a of the revised school code, MCL 380.1272a, or the education achievement system if it operates a school breakfast program, shall use from the funds received under this section an amount, not to exceed $10.00 per pupil for whom the district or public school academy or the education achievement system receives funds under this section, necessary to pay for costs associated with the operation of the school breakfast program. (7) (6) From the funds allocated under subsection (1), there is allocated for 2014-2015 2015-2016 an amount not to exceed $3,557,300.00 to support child and adolescent health centers. These grants shall be awarded for 5 consecutive years beginning with 2003-2004 in a form and manner approved jointly by the department and the department of community health AND HUMAN SERVICES. Each grant recipient shall remain in compliance with the terms of the grant award or shall forfeit the grant award for the duration of the 5-year period after the noncompliance. To continue to receive funding for a child and adolescent health center under this section a grant recipient shall ensure that the child and adolescent health center has an advisory committee and that at least one-third of the members of the advisory committee are parents or legal guardians of school-aged children. A child and adolescent health center program shall recognize the role of a child’s parents or legal guardian in the physical and emotional well-being of the child. Funding under this subsection shall be used to support child and adolescent health center services provided to children up to age 21. If any funds allocated under this subsection are not used for the purposes of this subsection for the fiscal year in which they are allocated, those unused funds shall be used that fiscal year to avoid or minimize any proration that would otherwise be required under subsection (14) (12) for that fiscal year. IN ADDITION TO THE FUNDS OTHERWISE ALLOCATED UNDER THIS SUBSECTION, FROM THE MONEY ALLOCATED IN SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $2,000,000.00 FOR 2015-2016 ONLY FOR CHILD AND ADOLESCENT HEALTH CENTERS TO INCREASE ACCESS TO NURSES AND BEHAVIORAL HEALTH SERVICES IN SCHOOLS, USING 3 EXISTING SCHOOL CLINICS AS HUBS FOR SERVICES AND USING MOBILE TEAMS TO SERVE SATELLITE SCHOOL SITES. (8) (7) From the funds allocated under subsection (1), there is allocated for 2014-2015 2015-2016 an amount not to exceed $5,150,000.00 for the state portion of the hearing and vision screenings as described in section 9301 of the public health code, 1978 PA 368, MCL 333.9301. A local public health department shall pay at least 50% of the total cost of the screenings. The frequency of the screenings shall be as required under R 325.13091 to R 325.13096 and R 325.3271 to R 325.3276 of the Michigan administrative code. Funds shall be awarded in a form and manner approved jointly by the department and the department of community health AND HUMAN SERVICES. Notwithstanding section 17b, payments to eligible entities under this subsection shall be paid on a schedule determined by the department. (9) (8) Each district or public school academy receiving funds under this section and the education achievement system shall submit to the department by July 15 of each fiscal year a report, not to exceed 10 pages, on the usage by the district or public school academy or the education achievement system of funds under this section, which report shall include a brief description of each program conducted or services performed by the district or public school academy or the education achievement system using funds under this section, the amount of funds under this section allocated to each of those programs or services, the total number of at-risk pupils served by each of those programs or services, and the data necessary for the department and the department of human services to verify matching funds for the temporary assistance for needy families program. If a district or public school academy or the education achievement system does not comply with this subsection, the department shall withhold an amount equal to the August payment due under this section until the district or public school academy or the education achievement system complies with this subsection. If the district or public school academy or the education achievement system does not comply with this subsection by the end of the state fiscal year, the withheld funds shall be forfeited to the school aid fund. (10) (9) In order to receive funds under this section, a district or public school academy or the education achievement system shall allow access for the department or the department’s designee to audit all records related to the program for which it receives those funds. The district or public school academy or the education achievement system shall reimburse the state for all disallowances found in the audit. (11) (10) Subject to subsections (5), (6), and (7), (6), (7), AND (8), a district may use up to 100% of the funds it receives under this section to implement schoolwide reform in schools with 40% or more of their pupils identified as at-risk pupils by providing supplemental instructional or noninstructional services consistent with the school improvement plan. (12) (11) If necessary, and before any proration required under section 296, the department shall prorate payments under this section by reducing the amount of the per pupil payment under this section by a dollar amount calculated by determining the amount by which the amount necessary to fully fund the requirements of this section exceeds the maximum amount allocated No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1109 under this section and then dividing that amount by the total statewide number of pupils who met the income eligibility criteria for free breakfast, lunch, or milk in the immediately preceding fiscal year, as described in subsection (3).(4). (13) (12) If a district is formed by consolidation after June 1, 1995, and if 1 or more of the original districts was WERE not eligible before the consolidation for an additional allowance under this section, the amount of the additional allowance under this section for the consolidated district shall be based on the number of pupils described in subsection (1) enrolled in the consolidated district who reside in the territory of an original district that was eligible before the consolidation for an additional allowance under this section. In addition, if a district is dissolved pursuant to section 12 of the revised school code, MCL 380.12, the intermediate district to which the dissolved school district was constituent shall determine the estimated number of pupils that meet the income eligibility criteria for free breakfast, lunch, or milk, as described under subsection (3), (4), enrolled in each of the other districts within the intermediate district and provide that estimate to the department for the purposes of distributing funds under this section within 60 days after the school district is declared dissolved. (14) (13) As used in this section, “at-risk pupil” means a pupil for whom the district has documentation that the pupil meets any of the following criteria: (a) Is a victim of child abuse or neglect. (b) Is a pregnant teenager or teenage parent. (c) Has a family history of school failure, incarceration, or substance abuse. (d) For pupils for whom the results of the Michigan merit examination STATE SUMMATIVE ASSESSMENT have been received, is a pupil who does not meet the other criteria under this subsection but who did not achieve proficiency on the reading, writing, ENGLISH LANGUAGE ARTS, mathematics, science, or social studies components of the most recent Michigan merit examination for which results for the pupil have been received. CONTENT AREA ASSESSMENT. (e) For pupils in grades K-3, is IS a pupil who is at risk of not meeting the district’s core academic curricular objectives in English language arts or mathematics, AS DEMONSTRATED ON LOCAL ASSESSMENTS. (f) The pupil is enrolled in a priority or priority-successor school, as defined in the elementary and secondary education act of 2001 flexibility waiver approved by the United States department of education.DEPARTMENT OF EDUCATION. (g) The pupil did not achieve a score of at least proficient on 2 or more state-administered assessments for English language arts, mathematics, science, or social studies. (h) For high school pupils in grades not assessed by the state, the pupil did not receive a satisfactory score on 2 or more endof-course examinations that are aligned with state standards in English language arts, mathematics, science, or social studies. For middle school pupils in grades not assessed by the state, the pupil did not receive a satisfactory score on 2 or more end-ofsemester or end-of-trimester examinations that are aligned with state standards in science or social studies. For pupils in the elementary grades in grades and subjects not assessed by the state, the pupil did not receive a satisfactory score or did not have a satisfactory outcome on 2 or more interim assessments in English language arts, mathematics, science, or social studies. (G) (i) In the absence of state or local assessment data, the pupil meets at least 2 of the following criteria, as documented in a form and manner approved by the department: (i) The pupil is eligible for free OR REDUCED PRICE breakfast, lunch, or milk. (ii) The pupil is absent more than 10% of enrolled days or 10 school days during the school year. (iii) The pupil is homeless. (iv) The pupil is a migrant. (v) The pupil is an English language learner. (vi) The pupil is an immigrant who has immigrated within the immediately preceding 3 years. (vii) The pupil did not complete high school in 4 years and is still continuing in school as identified in the Michigan cohort graduation and dropout report. (15) (14) Beginning in 2014-2015, if IF a district, public school academy, or the education achievement system does not demonstrate to the satisfaction of the department that at least 50% of at-risk pupils are reading at grade level by the end of grade 3 as measured by the state assessment and demonstrate to the satisfaction of the department improvement over 3 consecutive years in the percentage of at-risk pupils that are career- and college-ready as measured by the pupil’s score on each of the individual subject areas on the college entrance examination portion of the Michigan merit examination DETERMINED BY PROFICIENCY ON THE ENGLISH LANGUAGE ARTS, MATHEMATICS, AND SCIENCE CONTENT AREA ASSESSMENTS ON THE GRADE 11 SUMMATIVE ASSESSMENT under section 1279g(2)(a) of the revised school code, MCL 380.1279g, the district, public school academy, or education achievement system shall ensure all of the following: (a) The district, public school academy, or the education achievement system shall determine the proportion of total at-risk pupils that represents the number of pupils in grade 3 that are not reading at grade level by the end of grade 3, and the district, public school academy, or the education achievement system shall expend that same proportion multiplied by 1/2 of its total at-risk funds under this section on tutoring and other methods of improving grade 3 reading levels. (b) The district, public school academy, or the education achievement system shall determine the proportion of total at-risk pupils that represent the number of pupils in grade 11 that are not career- and college-ready as measured by the student’s score on each of the individual subject areas on the college entrance examination portion of the Michigan merit examination THE ENGLISH LANGUAGE ARTS, MATHEMATICS, AND SCIENCE CONTENT AREA ASSESSMENTS ON THE GRADE 11 SUMMATIVE ASSESSMENT under section 1279g(2)(a) of the revised school code, MCL 380.1279g, and the 1110 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 district, public school academy, or the education achievement system shall expend that same proportion multiplied by 1/2 of its total at-risk funds under this section on tutoring and other activities to improve scores on the college entrance examination portion of the Michigan merit examination. (16) (15) As used in subsection (14), (15), “total at risk pupils” means the sum of the number of pupils in grade 3 that are not reading at grade level by the end of third grade AS MEASURED ON THE STATE ASSESSMENT and the number of pupils in grade 11 that are not career- and college-ready as measured by the student’s score on each of the individual subject areas on the college entrance examination portion of the Michigan merit examination THE ENGLISH LANGUAGE ARTS, MATHEMATICS, AND SCIENCE CONTENT AREA ASSESSMENTS ON THE GRADE 11 SUMMATIVE ASSESSMENT under section 1279g(2)(a) of the revised school code, MCL 380.1279g. (17) (16) A district or public school academy that receives funds under this section or the education achievement system may use funds received under this section to provide an anti-bullying or crisis intervention program. (18) THE DEPARTMENT SHALL COLLABORATE WITH THE DEPARTMENT OF HEALTH AND HUMAN SERVICES TO PRIORITIZE ASSIGNING PATHWAYS TO POTENTIAL SUCCESS COACHES TO ELEMENTARY SCHOOLS THAT HAVE A HIGH PERCENTAGE OF PUPILS IN GRADES K TO 3 WHO ARE NOT READING AT GRADE LEVEL. SEC. 31C. (1) FROM THE FUNDS APPROPRIATED IN SECTION 11, THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $1,000,000.00 FOR 2015-2016 FOR PROGRAMS INTENDED TO IMPROVE PUBLIC SAFETY, REDUCE THE NUMBER OF YOUTH INVOLVED IN GANG-RELATED ACTIVITY, AND INCREASE HIGH SCHOOL GRADUATION RATES. (2) THE DEPARTMENT SHALL AWARD GRANTS TO DISTRICTS THAT FORM PARTNERSHIPS WITH NONPROFIT ORGANIZATIONS, LAW ENFORCEMENT, AND OTHER COMMUNITY RESOURCES TO PROVIDE PROGRAMS THAT DIVERT YOUNG ADULTS FROM GANG-RELATED CRIMINAL ACTIVITY. (3) GRANTS AWARDED UNDER THIS SECTION MAY INCLUDE, BUT ARE NOT LIMITED TO, GRANTS FOR ANY OF THE FOLLOWING ACTIVITIES: (A) EMPLOYMENT TRAINING AND PLACEMENT PROGRAMS. (B) COUNSELING SERVICES. (C) ASSISTANCE TO PROGRAM PARTICIPANTS IN ACCESSING COMMUNITY RESOURCES FOR CONTINUING EDUCATION, COURT ADVOCACY, AND HEALTH CARE. (D) OUTREACH PROGRAMS TO EDUCATE PARTICIPANTS AND THEIR FAMILIES. (4) EACH GRANT RECIPIENT UNDER THIS SECTION SHALL PARTNER WITH A UNIVERSITY TO COLLECT DATA NECESSARY TO EVALUATE THE EFFECTIVENESS OF PROGRAMS IN REDUCING VIOLENT CRIME AND GANG-RELATED ACTIVITY IN THE COMMUNITY. Sec. 31d. (1) From the appropriations in section 11, there is allocated an amount not to exceed $22,495,100.00 for 2014-2015 2015-2016 for the purpose of making payments to districts and other eligible entities under this section. (2) The amounts allocated from state sources under this section shall be used to pay the amount necessary to reimburse districts for 6.0127% of the necessary costs of the state mandated portion of the school lunch programs provided by those districts. The amount due to each district under this section shall be computed by the department using the methods of calculation adopted by the Michigan supreme court in the consolidated cases known as Durant v State of Michigan, Michigan supreme court docket no. 104458-104492. (3) The payments made under this section include all state payments made to districts so that each district receives at least 6.0127% of the necessary costs of operating the state mandated portion of the school lunch program in a fiscal year. (4) The payments made under this section to districts and other eligible entities that are not required under section 1272a of the revised school code, MCL 380.1272a, to provide a school lunch program shall be in an amount not to exceed $10.00 per eligible pupil plus 5 cents for each free lunch and 2 cents for each reduced price lunch provided, as determined by the department. (5) From the federal funds appropriated in section 11, there is allocated for 2014-2015 2015-2016 all available federal funding, estimated at $510,000,000.00 for the national school lunch program and all available federal funding, estimated at $3,200,000.00 for the emergency food assistance program. (6) Notwithstanding section 17b, payments to eligible entities other than districts under this section shall be paid on a schedule determined by the department. (7) In purchasing food for a school lunch program funded under this section, preference shall be given to food that is grown or produced by Michigan businesses if it is competitively priced and of comparable quality. Sec. 31f. (1) From the appropriations in section 11, there is allocated an amount not to exceed $5,625,000.00 for 2014-2015 2015-2016 for the purpose of making payments to districts to reimburse for the cost of providing breakfast. (2) The funds allocated under this section for school breakfast programs shall be made available to all eligible applicant districts that meet all of the following criteria: (a) The district participates in the federal school breakfast program and meets all standards as prescribed by 7 CFR parts 220 and 245. (b) Each breakfast eligible for payment meets the federal standards described in subdivision (a). No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1111 (3) The payment for a district under this section is at a per meal rate equal to the lesser of the district’s actual cost or 100% of the statewide average cost of a breakfast served, as determined and approved by the department, less federal reimbursement, participant payments, and other state reimbursement. The statewide average cost shall be determined by the department using costs as reported in a manner approved by the department for the preceding school year. (4) Notwithstanding section 17b, payments under this section may be made pursuant to an agreement with the department. (5) In purchasing food for a school breakfast program funded under this section, preference shall be given to food that is grown or produced by Michigan businesses if it is competitively priced and of comparable quality. SEC. 31H. FROM THE FUNDS APPROPRIATED IN SECTION 11, THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $300,000.00 FOR 2015-2016 FOR THE PURPOSE OF PROVIDING FUNDING TO A DISTRICT THAT EDUCATES HIGH SCHOOL PUPILS FROM ANOTHER DISTRICT THAT VOLUNTARILY CLOSED ITS HIGH SCHOOL PROGRAM IN 2013. THE FUNDING UNDER THIS SECTION IS INTENDED TO BE FOR THE FIRST OF 2 YEARS, UNLESS IT IS DETERMINED THAT THE FEDERAL ELEMENTARY AND SECONDARY EDUCATION ACT ALLOWS FEDERAL TITLE I FUNDS THAT PREVIOUSLY SUPPORTED THE HIGH SCHOOL PUPILS IN THEIR RESIDENT DISTRICT TO INSTEAD BE PROVIDED TO THE EDUCATING DISTRICT. FUNDING UNDER THIS SECTION SHALL BE USED TO SUPPORT THE ADDITIONAL COSTS OF EDUCATING HIGH SCHOOL PUPILS IN A MANNER THAT IS SIMILAR TO THE WAY TITLE I FUNDS PROVIDED ADDITIONAL SUPPORT TO THE EDUCATION OF THOSE PUPILS WHEN THEY WERE EDUCATED IN THEIR RESIDENT DISTRICT HIGH SCHOOL PROGRAM BEFORE ITS CLOSURE IN 2013. Sec. 32d. (1) From the funds appropriated in section 11, there is allocated to eligible intermediate districts and consortia of intermediate districts for great start readiness programs an amount not to exceed $214,275,000.00 for 2014-2015. In addition, from the funds appropriated in section 11, there is allocated to the great start readiness reserve fund created under subsection (19) an amount not to exceed $25,000,000.00 for 2014-2015. $239,275,000.00 FOR 2015-2016. Funds allocated under this section for great start readiness programs shall be used to provide part-day, school-day, or GSRP/head start blended comprehensive free compensatory classroom programs designed to improve the readiness and subsequent achievement of educationally disadvantaged children who meet the participant eligibility and prioritization guidelines as defined by the department. For a child to be eligible to participate in a program under this section, the child shall be at least 4, but less than 5, years of age as of the date specified for determining a child’s eligibility to attend school under section 1147 of the revised school code, MCL 380.1147. (2) Funds allocated under subsection (1) shall be allocated to intermediate districts or consortia of intermediate districts based on the formula in section 39. An intermediate district or consortium of intermediate districts receiving funding under this section shall act as the fiduciary for the great start readiness programs. In order to be eligible to receive funds allocated under this subsection from an intermediate district or consortium of intermediate districts, a district, a consortium of districts, or a public or private for-profit or nonprofit legal entity or agency shall comply with this section and section 39. (3) In addition to the allocation under subsection (1), from the general fund money appropriated under section 11, there is allocated an amount not to exceed $300,000.00 for 2014-2015 2015-2016 for a competitive grant to continue a longitudinal evaluation of children who have participated in great start readiness programs. (4) To be eligible for funding under this section, a program shall prepare children for success in school through comprehensive part-day, school-day, or GSRP/head start blended programs that contain all of the following program components, as determined by the department: (a) Participation in a collaborative recruitment and enrollment process to assure that each child is enrolled in the program most appropriate to his or her needs and to maximize the use of federal, state, and local funds. (b) An age-appropriate educational curriculum that is in compliance with the early childhood standards of quality for prekindergarten children adopted by the state board. (c) Nutritional services for all program participants supported by federal, state, and local resources as applicable. (d) Physical and dental health and developmental screening services for all program participants. (e) Referral services for families of program participants to community social service agencies, including mental health services, as appropriate. (f) Active and continuous involvement of the parents or guardians of the program participants. (g) A plan to conduct and report annual great start readiness program evaluations and continuous improvement plans using criteria approved by the department. (h) Participation in a school readiness advisory committee convened as a workgroup of the great start collaborative that provides for the involvement of classroom teachers, parents or guardians of program participants, and community, volunteer, and social service agencies and organizations, as appropriate. The advisory committee annually shall review and make recommendations regarding the program components listed in this subsection. The advisory committee also shall make recommendations to the great start collaborative regarding other community services designed to improve all children’s school readiness. (i) The ongoing articulation of the kindergarten and first grade programs offered by the program provider. (j) Participation in this state’s great start to quality process with a rating of at least 3 stars. (5) An application for funding under this section shall provide for the following, in a form and manner determined by the department: (a) Ensure compliance with all program components described in subsection (4). 1112 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (b) Except as otherwise provided in this subdivision, ensure that at least 90% of the children participating in an eligible great start readiness program for whom the intermediate district is receiving funds under this section are children who live with families with a household income that is equal to or less than 250% of the federal poverty level. If the intermediate district determines that all eligible children are being served and that there are no children on the waiting list under section 39(1)(d) who live with families with a household income that is equal to or less than 250% of the federal poverty level, the intermediate district may then enroll children who live with families with a household income that is equal to or less than 300% of the federal poverty level. The enrollment process shall consider income and risk factors, such that children determined with higher need are enrolled before children with lesser need. For purposes of this subdivision, all age-eligible children served in foster care or who are experiencing homelessness or who have individualized education plans recommending placement in an inclusive preschool setting shall be considered to live with families with household income equal to or less than 250% of the federal poverty level regardless of actual family income. (c) Ensure that the applicant only uses qualified personnel for this program, as follows: (i) Teachers possessing proper training. A lead teacher must have a valid teaching certificate with an early childhood (ZA or ZS) endorsement or a bachelor’s degree in child development or early child development with specialization in preschool teaching. However, if an applicant demonstrates to the department that it is unable to fully comply with this subparagraph after making reasonable efforts to comply, teachers who have significant but incomplete training in early childhood education or child development may be used if the applicant provides to the department, and the department approves, a plan for each teacher to come into compliance with the standards in this subparagraph. A teacher’s compliance plan must be completed within 2 years of the date of employment. Progress toward completion of the compliance plan shall consist of at least 2 courses per calendar year. (ii) Paraprofessionals possessing proper training in early childhood development, including an associate’s degree in early childhood education or child development or the equivalent, or a child development associate (CDA) credential. However, if an applicant demonstrates to the department that it is unable to fully comply with this subparagraph after making reasonable efforts to comply, the applicant may use paraprofessionals who have completed at least 1 course that earns college credit in early childhood education or child development if the applicant provides to the department, and the department approves, a plan for each paraprofessional to come into compliance with the standards in this subparagraph. A paraprofessional’s compliance plan must be completed within 2 years of the date of employment. Progress toward completion of the compliance plan shall consist of at least 2 courses or 60 clock hours of training per calendar year. (d) Include a program budget that contains only those costs that are not reimbursed or reimbursable by federal funding, that are clearly and directly attributable to the great start readiness program, and that would not be incurred if the program were not being offered. Eligible costs include transportation costs. The program budget shall indicate the extent to which these funds will supplement other federal, state, local, or private funds. Funds received under this section shall not be used to supplant any federal funds received by the applicant to serve children eligible for a federally funded preschool program that has the capacity to serve those children. (6) For a grant recipient that enrolls pupils in a school-day program funded under this section, each child enrolled in the school-day program shall be counted as 2 children served by the program for purposes of determining the number of children to be served and for determining the amount of the grant award. A grant award shall not be increased solely on the basis of providing a school-day program. (7) For a grant recipient that enrolls pupils in a GSRP/head start blended program, the grant recipient shall ensure that all head start and GSRP policies and regulations are applied to the blended slots, with adherence to the highest standard from either program, to the extent allowable under federal law. (8) An intermediate district or consortium of intermediate districts receiving a grant under this section shall designate an early childhood coordinator, and may provide services directly or may contract with 1 or more districts or public or private for‑profit or nonprofit providers that meet all requirements of subsection (4). (9) Funds received under this section may be retained for administrative services as follows: (a) For the portion of the total grant amount for which services are provided directly by an intermediate district or consortium of intermediate districts, the intermediate district or consortium of intermediate districts may retain an amount equal to not more than 7% of that portion of the grant amount. (b) For the portion of the total grant amount for which services are contracted, the intermediate district or consortium of intermediate districts receiving the grant may retain an amount equal to not more than 2% 4% of that portion of the grant amount and the subrecipients engaged by the intermediate district to provide program services may retain for administrative services an amount equal to not more than 5% 4% of that portion of the grant amount. (10) An intermediate district or consortium of intermediate districts may expend not more than 2% of the total grant amount for outreach, recruiting, and public awareness of the program. (11) Each grant recipient shall enroll children identified under subsection (5)(b) according to how far the child’s household income is below 250% of the federal poverty level by ranking each applicant child’s household income from lowest to highest and dividing the applicant children into quintiles based on how far the child’s household income is below 250% of the federal poverty level, and then enrolling children in the quintile with the lowest household income before enrolling children in the quintile with the next lowest household income until slots are completely filled. If the grant recipient determines that all eligible No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1113 children are being served and that there are no children on the waiting list under section 39(1)(d) who live with families with a household income that is equal to or less than 250% of the federal poverty level, the grant recipient may then enroll children who live with families with a household income that is equal to or less than 300% of the federal poverty level. The enrollment process shall consider income and risk factors, such that children determined with higher need are enrolled before children with lesser need. For purposes of this subdivision, all age-eligible children served in foster care or who are experiencing homelessness or who have individualized education plans recommending placement in an inclusive preschool setting shall be considered to live with families with household income equal to or less than 250% of the federal poverty level regardless of actual family income. (12) An intermediate district or consortium of intermediate districts receiving a grant under this section shall allow parents of eligible children who are residents of the intermediate district or within the consortium to choose a program operated by or contracted with another intermediate district or consortium of intermediate districts and shall pay to the educating intermediate district or consortium the per-child amount attributable to each child enrolled pursuant to this sentence, as determined under section 39. (13) An intermediate district or consortium of intermediate districts receiving a grant under this section shall conduct a local process to contract with interested and eligible public and private for-profit and nonprofit community-based providers that meet all requirements of subsection (4) for at least 30% of its total slot allocation. The intermediate district or consortium shall report to the department, in a manner prescribed by the department, a detailed list of community-based providers by provider type, including private for-profit, private nonprofit, community college or university, head start grantee or delegate, and district or intermediate district, and the number and proportion of its total slot allocation allocated to each provider as subrecipient. If the intermediate district or consortium is not able to contract for at least 30% of its total slot allocation, the grant recipient shall notify the department and, if the department verifies that the intermediate district or consortium attempted to contract for at least 30% of its total slot allocation and was not able to do so, then the intermediate district or consortium may retain and use all of its allocated slots as provided under this section. To be able to use this exemption, the intermediate district or consortium shall demonstrate to the department that the intermediate district or consortium increased the percentage of its total slot allocation for which it contracts with a community-based provider and the intermediate district or consortium shall submit evidence satisfactory to the department, and the department must be able to verify this evidence, demonstrating that the intermediate district or consortium took measures to contract for at least 30% of its total slot allocation as required under this subsection, including, but not limited to, at least all of the following measures: (a) The intermediate district or consortium notified each licensed child care center located in the service area of the intermediate district or consortium at least twice regarding the center’s eligibility to participate. One of these notifications may be made electronically, but at least 1 of these notifications shall be made via hard copy through the United States mail. At least 1 of these notifications shall be made within 7 days after the intermediate district or consortium receives notice from the department of its slot allocations. (b) The intermediate district or consortium provided to each licensed child care center located in the service area of the intermediate district or consortium information regarding great start readiness program requirements and a description of the application and selection process for community-based providers. (c) The intermediate district or consortium provided to the public and to participating families a list of community-based great start readiness program subrecipients with a great start to quality rating of at least 3 stars. (14) If an intermediate district or consortium of intermediate districts receiving a grant under this section fails to submit satisfactory evidence to demonstrate its effort to contract for at least 30% of its total slot allocation, as required under subsection (1), the department shall reduce the slots allocated to the intermediate district or consortium by a percentage equal to the difference between the percentage of an intermediate district’s or consortium’s total slot allocation awarded to communitybased providers and 30% of its total slot allocation. (15) In order to assist intermediate districts and consortia in complying with the requirement to contract with communitybased providers for at least 30% of their total slot allocation, the department shall do all of the following: (a) Ensure that a great start resource center or the department provides each intermediate district or consortium receiving a grant under this section with the contact information for each licensed child care center located in the service area of the intermediate district or consortium by March 1 of each year. (b) Provide, or ensure that an organization with which the department contracts provides, a community-based provider with a validated great start to quality rating within 90 days of the provider’s having submitted a request and self-assessment. (c) Ensure that all intermediate district, district, community college or university, head start grantee or delegate, private for‑profit, and private nonprofit providers are subject to a single great start to quality rating system. The rating system shall ensure that regulators process all prospective providers at the same pace on a first-come, first-served basis and shall not allow 1 type of provider to receive a great start to quality rating ahead of any other type of provider. (d) Not later than November 1 of each year, compile the results of the information reported by each intermediate district or consortium under subsection (10) and report to the legislature a list by intermediate district or consortium with the number and percentage of each intermediate district’s or consortium’s total slot allocation allocated to community-based providers by provider type, including private for-profit, private nonprofit, community college or university, head start grantee or delegate, and district or intermediate district. 1114 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (16) A recipient of funds under this section shall report to the department in a form and manner prescribed by the department the number of children participating in the program who meet the income eligibility criteria under subsection (5)(b) and the total number of children participating in the program. For children participating in the program who meet the income eligibility criteria specified under subsection (5)(b), a recipient shall also report whether or not a parent is available to provide care based on employment status. For the purposes of this subsection, “employment status” shall be defined by the department of human services in a manner consistent with maximizing the amount of spending that may be claimed for temporary assistance for needy families maintenance of effort purposes. (17) As used in this section: (a) “GSRP/head start blended program” means a part-day program funded under this section and a head start program, which are combined for a school-day program. (b) “Part-day program” means a program that operates at least 4 days per week, 30 weeks per year, for at least 3 hours of teacher-child contact time per day but for fewer hours of teacher-child contact time per day than a school-day program. (c) “School-day program” means a program that operates for at least the same length of day as a district’s first grade program for a minimum of 4 days per week, 30 weeks per year. A classroom that offers a school-day program must enroll all children for the school day to be considered a school-day program. (18) An intermediate district or consortium of intermediate districts receiving funds under this section shall establish a sliding scale of tuition rates based upon household income for children participating in an eligible great start readiness program who live with families with a household income that is more than 250% of the federal poverty level to be used by all of its providers, as approved by the department. A grant recipient shall charge tuition according to that sliding scale of tuition rates on a uniform basis for any child who does not meet the income eligibility requirements under this section. (19) The great start readiness reserve fund is created as a separate account within the state school aid fund established by section 11 of article IX of the state constitution of 1963. Money available in the great start readiness reserve fund may not be expended for 2014-2015 unless transferred by the legislature not later than December 15, 2014 to the allocation under subsection (1) for great start readiness programs. Money in the great start readiness reserve fund shall be expended only for purposes for which state school aid fund money may be expended. The state treasurer shall direct the investment of the great start readiness reserve fund. The state treasurer shall credit to the great start readiness reserve fund interest and earnings from fund investments. Money in the great start readiness reserve fund at the close of a fiscal year shall remain in the great start readiness reserve fund and shall not lapse to the unreserved school aid fund balance or the general fund. (19) (20) From the amount appropriated in subsection (1), there is allocated an amount not to exceed $10,000,000.00 for reimbursement of transportation costs for children attending great start readiness programs funded under this section. To receive reimbursement under this subsection, not later than November 1, 2014, 2015, a program funded under this section that provides transportation shall submit to the intermediate district that is the fiscal agent for the program a projected transportation budget. The amount of the reimbursement for transportation under this subsection shall be the lesser of NO MORE THAN the projected transportation budget or $150.00 multiplied by the number of slots funded for the program under this section. If the amount allocated under this subsection is insufficient to fully reimburse the transportation costs for all programs that provide transportation and submit the required information, the reimbursement shall be prorated in an equal amount per slot funded. Payments shall be made to the intermediate district that is the fiscal agent for each program, and the intermediate district shall then reimburse the program provider for transportation costs as prescribed under this subsection. Sec. 32p. (1) From the school aid fund appropriation in section 11, there is allocated an amount not to exceed $10,900,000.00 $13,400,000.00 to intermediate districts for 2014-2015 2015-2016 for the purpose of providing early childhood funding to intermediate school districts in block grants, supporting TO SUPPORT the activities under subsection (2) AND SUBSECTION (4), and providing TO PROVIDE early childhood programs for children from birth through age 8. The funding provided to each intermediate district under this section shall be determined by the distribution formula established by the department’s office of great start to provide equitable funding statewide. In order to receive funding under this section, each intermediate district shall provide an application to the office of great start not later than September 15 of the immediately preceding fiscal year indicating the activities planned to be provided. (2) Each intermediate district or consortium of intermediate districts that receives funding under this section shall convene a local great start collaborative and a parent coalition. The goal of each great start collaborative and parent coalition shall be to ensure the coordination and expansion of local early childhood infrastructure and programs that allow every child in the community to achieve the following outcomes: (a) Children born healthy. (b) Children healthy, thriving, and developmentally on track from birth to third grade. (c) Children developmentally ready to succeed in school at the time of school entry. (d) Children prepared to succeed in fourth grade and beyond by reading proficiently by the end of third grade. (3) Each local great start collaborative and parent coalition shall convene workgroups to make recommendations about community services designed to achieve the outcomes described in subsection (2) and to ensure that its local great start system includes the following supports for children from birth through age 8: (a) Physical health. (b) Social-emotional health. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1115 (c) Family supports and basic needs. (d) Parent education. and child advocacy. (e) Early education and care. (4) FROM THE FUNDS ALLOCATED IN SUBSECTION (1), AT LEAST $2,500,000.00 SHALL BE USED FOR THE PURPOSE OF PROVIDING HOME VISITS TO AT-RISK CHILDREN AND THEIR FAMILIES. THE HOME VISITS SHALL BE CONDUCTED AS PART OF A LOCALLY COORDINATED, FAMILY-CENTERED, EVIDENCEBASED, DATA-DRIVEN HOME VISIT STRATEGIC PLAN THAT IS APPROVED BY THE DEPARTMENT. THE GOALS OF THE HOME VISITS FUNDED UNDER THIS SUBSECTION SHALL BE TO IMPROVE SCHOOL READINESS, REDUCE THE NUMBER OF PUPILS RETAINED IN GRADE LEVEL, AND REDUCE THE NUMBER OF PUPILS REQUIRING SPECIAL EDUCATION SERVICES. THE DEPARTMENT SHALL COORDINATE THE GOALS OF THE HOME VISIT STRATEGIC PLANS APPROVED UNDER THIS SUBSECTION WITH OTHER STATE AGENCY HOME VISIT PROGRAMS IN A WAY THAT STRENGTHENS MICHIGAN’S HOME VISITING INFRASTRUCTURE AND MAXIMIZES FEDERAL FUNDS AVAILABLE FOR THE PURPOSES OF AT-RISK FAMILY HOME VISITS. (5) (4) Not later than December 1 of each year, each intermediate district shall provide a report to the department detailing the activities actually provided during the immediately preceding school year and the families and children actually served. AT A MINIMUM, THE REPORT SHALL INCLUDE AN EVALUATION OF THE SERVICES PROVIDED WITH ADDITIONAL FUNDING UNDER SUBSECTION (4) FOR HOME VISITS, USING THE GOALS IDENTIFIED IN SUBSECTION (4) AS THE BASIS FOR THE EVALUATION, INCLUDING THE DEGREE TO WHICH SCHOOL READINESS WAS IMPROVED, ANY CHANGE IN THE NUMBER OF PUPILS RETAINED AT GRADE LEVEL, AND ANY CHANGE IN THE NUMBER OF PUPILS RECEIVING SPECIAL EDUCATION SERVICES. The depart­ ment shall compile and summarize these reports and submit its summary to the house and senate appropriations subcommittees on school aid and to the house and senate fiscal agencies not later than February 15 of each year. (6) (5) An intermediate district or consortium of intermediate districts that receives funding under this section may carry over any unexpended funds received under this section into the next fiscal year and may expend those unused funds through June 30 of the next fiscal year. A recipient of a grant shall return any unexpended grant funds to the department in the manner prescribed by the department not later than September 30 of the next fiscal year after the fiscal year in which the funds are received. SEC. 35. (1) THE FUNDS ALLOCATED UNDER SECTION 35A SHALL BE USED FOR PROGRAMS TO ENSURE CHILDREN ARE READING AT GRADE LEVEL BY THE END OF GRADE 3. THE SUPERINTENDENT SHALL DESIGNATE STAFF OR CONTRACTED EMPLOYEES FUNDED UNDER SECTION 35A AS CRITICAL SHORTAGE. PROGRAMS FUNDED UNDER SECTION 35A ARE INTENDED TO ENSURE THAT THIS STATE WILL BE IN THE TOP 10 MOST IMPROVED STATES IN GRADE 4 READING PROFICIENCY BY THE 2019 NATIONAL ASSESSMENT OF EDUCATIONAL PROGRESS (NAEP) AND WILL BE IN THE TOP 10 STATES OVERALL IN GRADE 4 READING PROFICIENCY BY 2025. (2) FROM THE GENERAL FUND APPROPRIATION IN SECTION 11, THERE IS ALLOCATED TO THE DEPARTMENT AN AMOUNT NOT TO EXCEED $1,000,000.00 FOR 2015-2016 FOR IMPLEMENTATION COSTS ASSOCIATED WITH PROGRAMS FUNDED UNDER SECTION 35A. (3) FROM THE AMOUNT ALLOCATED UNDER SUBSECTION (2), THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $100,000.00 FOR THE PURPOSE OF PERFORMING AN EVALUATION OF THE PILOT PROGRAMS UNDER SECTION 35A(2) IN A MANNER APPROVED BY THE DEPARTMENT. THE EVALUATION REPORT SHALL INCLUDE AT LEAST ALL OF THE FOLLOWING: (A) A DESCRIPTION OF THE COMPONENTS OF THE PILOT PROGRAMS THAT WERE EFFECTIVE IN HELPING PARENTS PREPARE THEIR CHILDREN FOR SUCCESS IN SCHOOL. (B) A DESCRIPTION OF ANY BARRIERS THAT PARENTS AND THEIR CHILDREN ENCOUNTERED THAT PREVENTED THEM FROM PARTICIPATING IN THE PILOT PROGRAMS. (C) AN ASSESSMENT OF WHETHER THESE PILOT PROGRAMS SHOULD BE EXPANDED TO OTHER LOCATIONS IN THE STATE. SEC. 35A. (1) FROM THE APPROPRIATIONS IN SECTION 11, THERE IS ALLOCATED FOR 2015-2016 FOR THE PURPOSES OF THIS SECTION AN AMOUNT NOT TO EXCEED $23,900,000.00 FROM THE STATE SCHOOL AID FUND APPROPRIATION AND AN AMOUNT NOT TO EXCEED $1,500,000.00 FROM THE GENERAL FUND APPROPRIATION. (2) FROM THE ALLOCATIONS UNDER SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $1,000,000.00 FOR 2015-2016 FOR THE PURPOSE OF CONDUCTING PARENT EDUCATION PILOT PROGRAMS FOR PARENTS OF CHILDREN LESS THAN 4 YEARS OF AGE SO THAT CHILDREN ARE DEVELOPMENTALLY READY TO SUCCEED IN SCHOOL AT THE TIME OF SCHOOL ENTRY. ALL OF THE FOLLOWING APPLY TO PROGRAMS FUNDED UNDER THIS SUBSECTION: (A) THE DEPARTMENT SHALL DEVELOP A COMPETITIVE APPLICATION PROCESS AND METHOD OF GRANT DISTRIBUTION CONSISTENT WITH THE PROVISIONS OF THIS SUBSECTION. THE AMOUNT OF A GRANT AWARD TO A PILOT PROGRAM SHALL BE AN AMOUNT EQUAL TO THE NUMBER OF 1116 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 CHILDREN RESIDING IN THE DISTRICT OR CONSORTIUM OF DISTRICTS OPERATING THE PROGRAM WHO ARE YOUNGER THAN 4 YEARS OF AGE AS OF THE DATE SPECIFIED FOR DETERMINING A CHILD’S ELIGIBILITY TO ATTEND SCHOOL UNDER SECTION 1147 OF THE REVISED SCHOOL CODE, MCL 380.1147, MULTIPLIED BY $120.00 PER CHILD OR $130,000.00, WHICHEVER IS LESS. THE DEPARTMENT SHALL ENSURE THAT GRANTS ARE AWARDED IN EACH PROSPERITY REGION OR SUBREGION. (B) AN APPLICATION FOR A COMPETITIVE GRANT UNDER THIS SUBSECTION SHALL BE SUBMITTED BY AN INTERMEDIATE DISTRICT ON BEHALF OF A DISTRICT OR CONSORTIUM OF DISTRICTS WITHIN THE INTERMEDIATE DISTRICT. THE APPLICATION SHALL BE SUBMITTED IN A FORM AND MANNER APPROVED BY THE DEPARTMENT AND SHALL CONTAIN AT LEAST THE FOLLOWING COMPONENTS: (i) A DESCRIPTION OF THE PROGRAM DESIGN INCLUDING THE NAMES OF THE DISTRICT OR CONSORTIUM OF DISTRICTS THAT WILL OPERATE THE PROGRAM, THE PHYSICAL LOCATION OF THE PROGRAM, AND THE ANTICIPATED NUMBER OF FAMILIES THAT WILL BE SERVED. (ii) AN ASSURANCE THAT THE PROGRAM WILL BE SUPERVISED BY A TEACHER WHO HAS A VALID TEACHING CERTIFICATE WITH AN EARLY CHILDHOOD (ZA OR ZS) ENDORSEMENT, A VALID TEACHING CERTIFICATE IN CAREER EDUCATION WITH BOTH A KH AND VH ENDORSEMENT, A BACHELOR’S DEGREE IN CHILD DEVELOPMENT OR EARLY CHILD DEVELOPMENT, OR A BACHELOR’S DEGREE RELATED TO ADULT LEARNING. (iii) AN ESTIMATE OF THE NUMBER OF FAMILIES RESIDING IN THE DISTRICT OR CONSORTIUM OF DISTRICTS THAT WILL OPERATE THE PILOT PROGRAM THAT HAVE AT LEAST 1 CHILD LESS THAN 4 YEARS OF AGE AS OF THE DATE SPECIFIED FOR DETERMINING A CHILD’S ELIGIBILITY TO ATTEND SCHOOL UNDER SECTION 1147 OF THE REVISED SCHOOL CODE, MCL 380.1147. (iv) A DESCRIPTION OF THE PUBLIC AWARENESS AND OUTREACH EFFORTS THAT WILL BE MADE. (v) AN ASSURANCE THAT THE INTERMEDIATE DISTRICT AND THE DISTRICT OR CONSORTIUM OF DISTRICTS OPERATING THE PROGRAM WILL PROVIDE INFORMATION IN A FORM AND MANNER AS APPROVED BY THE DEPARTMENT TO ALLOW FOR AN EVALUATION OF THE PILOT PROJECTS. (vi) A DESCRIPTION OF THE SLIDING FEE SCALE THAT WILL BE ESTABLISHED FOR TUITION, WITH FEES REDUCED OR WAIVED FOR THOSE UNABLE TO PAY. (vii) A BUDGET FOR THE PROGRAM. A PROGRAM MAY USE NOT MORE THAN 5% OF A GRANT TO ADMINISTER THE PROGRAM. (C) TO BE ELIGIBLE FOR A GRANT UNDER THIS SUBSECTION, A PROGRAM SHALL PROVIDE AT LEAST 2 HOURS PER WEEK THROUGHOUT THE SCHOOL YEAR FOR PARENTS AND THEIR ELIGIBLE CHILDREN TO PARTICIPATE IN PARENT EDUCATION PROGRAMS AND MEET AT LEAST THE FOLLOWING MINIMUM REQUIREMENTS: (i) REQUIRE THAT PARENTS BE PHYSICALLY PRESENT IN CLASSES WITH THEIR CHILDREN OR BE IN CONCURRENT CLASSES. (ii) USE RESEARCH-BASED INFORMATION TO EDUCATE PARENTS ABOUT THE PHYSICAL, COGNITIVE, SOCIAL, AND EMOTIONAL DEVELOPMENT OF CHILDREN. (iii) PROVIDE STRUCTURED LEARNING ACTIVITIES REQUIRING INTERACTION BETWEEN CHILDREN AND THEIR PARENTS. (iv) PROVIDE STRUCTURED LEARNING ACTIVITIES FOR CHILDREN THAT PROMOTE POSITIVE INTERACTION WITH THEIR PEERS. (D) FOR A CHILD TO BE ELIGIBLE TO PARTICIPATE IN A PROGRAM UNDER THIS SUBSECTION, THE CHILD SHALL BE LESS THAN 4 YEARS OF AGE AS OF THE DATE SPECIFIED FOR DETERMINING A CHILD’S ELIGIBILITY TO ATTEND SCHOOL UNDER SECTION 1147 OF THE REVISED SCHOOL CODE, MCL 380.1147. (3) FROM THE ALLOCATIONS UNDER SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $950,000.00 FOR 2015-2016 FOR PROFESSIONAL DEVELOPMENT PURPOSES UNDER THIS SUBSECTION. THIS ALLOCATION REPRESENTS THE FIRST OF 2 YEARS OF FUNDING FOR THE PURPOSES OF THIS SUBSECTION. ALL OF THE FOLLOWING APPLY TO FUNDING UNDER THIS SUBSECTION: (A) THE DEPARTMENT SHALL AWARD GRANTS TO DISTRICTS TO SUPPORT PROFESSIONAL DEVELOPMENT FOR EDUCATORS IN A DEPARTMENT-APPROVED RESEARCH-BASED TRAINING PROGRAM RELATED TO CURRENT STATE LITERACY STANDARDS FOR PUPILS IN GRADES K TO 3. THE PROFESSIONAL DEVELOPMENT SHALL ALSO INCLUDE TRAINING IN THE USE OF SCREENING AND DIAGNOSTIC TOOLS, PROGRESS MONITORING, AND INTERVENTION METHODS USED TO ADDRESS BARRIERS TO LEARNING AND DELAYS IN LEARNING THAT ARE DIAGNOSED THROUGH THE USE OF THESE TOOLS. THE DEPARTMENT SHALL DETERMINE THE AMOUNT OF THE GRANT AWARDS. (B) IN ADDITION TO OTHER METHODS OF PROFESSIONAL DEVELOPMENT DELIVERY, THE DEPARTMENT SHALL COLLABORATE WITH THE MICHIGAN VIRTUAL UNIVERSITY TO PROVIDE THIS TRAINING ONLINE TO ALL EDUCATORS OF PUPILS IN GRADES K TO 3. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1117 (C) THE FUNDS ALLOCATED UNDER THIS SUBSECTION ARE A WORK PROJECT APPROPRIATION, AND ANY UNEXPENDED FUNDS FOR 2015-2016 ARE CARRIED FORWARD INTO 2016-2017. THE PURPOSE OF THE WORK PROJECT IS TO CONTINUE TO IMPLEMENT THE PROFESSIONAL DEVELOPMENT TRAINING DESCRIBED IN THIS SUBSECTION. THE ESTIMATED COMPLETION DATE OF THE WORK PROJECT IS SEPTEMBER 30, 2017. (4) FROM THE ALLOCATIONS UNDER SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $1,450,000.00 FOR 2015-2016 FOR GRANTS UNDER THIS SUBSECTION. THIS ALLOCATION REPRESENTS THE FIRST OF 2 YEARS OF FUNDING. ALL OF THE FOLLOWING APPLY TO GRANTS UNDER THIS SUBSECTION: (A) THE DEPARTMENT SHALL AWARD GRANTS TO DISTRICTS TO ADMINISTER DEPARTMENTAPPROVED SCREENING AND DIAGNOSTIC TOOLS TO MONITOR THE DEVELOPMENT OF EARLY LITERACY AND EARLY READING SKILLS OF PUPILS IN GRADES K TO 3 AND TO SUPPORT RESEARCHBASED PROFESSIONAL DEVELOPMENT FOR EDUCATORS IN ADMINISTERING SCREENING AND DIAGNOSTIC TOOLS AND IN DATA INTERPRETATION OF THE RESULTS OBTAINED THROUGH THE USE OF THOSE TOOLS FOR THE PURPOSE OF IMPLEMENTING A MULTI-TIERED SYSTEM OF SUPPORT TO IMPROVE READING PROFICIENCY AMONG PUPILS IN GRADES K TO 3. THE DEPARTMENT SHALL AWARD GRANTS TO ELIGIBLE DISTRICTS IN AN AMOUNT DETERMINED BY THE DEPARTMENT. (B) IN ADDITION TO OTHER METHODS OF PROFESSIONAL DEVELOPMENT DELIVERY, THE DEPARTMENT SHALL COLLABORATE WITH THE MICHIGAN VIRTUAL UNIVERSITY TO PROVIDE THIS TRAINING ONLINE TO ALL EDUCATORS OF PUPILS IN GRADES K TO 3. (C) THE FUNDS ALLOCATED UNDER THIS SUBSECTION ARE A WORK PROJECT APPROPRIATION, AND ANY UNEXPENDED FUNDS FOR 2015-2016 ARE CARRIED FORWARD INTO 2016-2017. THE PURPOSE OF THE WORK PROJECT IS TO CONTINUE TO IMPLEMENT THE PROFESSIONAL DEVELOPMENT TRAINING DESCRIBED IN THIS SUBSECTION. THE ESTIMATED COMPLETION DATE OF THE WORK PROJECT IS SEPTEMBER 30, 2017. (5) FROM THE ALLOCATIONS UNDER SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $3,000,000.00 FOR THE PURPOSE OF PROVIDING EARLY LITERACY COACHES AT INTERMEDIATE DISTRICTS TO ASSIST TEACHERS IN DEVELOPING AND IMPLEMENTING INSTRUCTIONAL STRATEGIES FOR PUPILS IN GRADES K TO 3 SO THAT PUPILS ARE READING AT GRADE LEVEL BY THE END OF GRADE 3. ALL OF THE FOLLOWING APPLY TO FUNDING UNDER THIS SUBSECTION: (A) THE DEPARTMENT SHALL DEVELOP AN APPLICATION PROCESS CONSISTENT WITH THE PROVISIONS OF THIS SUBSECTION. AN APPLICATION SHALL PROVIDE ASSURANCES THAT LITERACY COACHES FUNDED UNDER THIS SUBSECTION ARE KNOWLEDGEABLE ABOUT AT LEAST THE FOLLOWING: (i) CURRENT STATE LITERACY STANDARDS FOR PUPILS IN GRADES K TO 3. (ii) IMPLEMENTING AN INSTRUCTIONAL DELIVERY MODEL BASED ON FREQUENT USE OF FORMATIVE, SCREENING, AND DIAGNOSTIC TOOLS, KNOWN AS A MULTI-TIERED SYSTEM OF SUPPORT, TO DETERMINE INDIVIDUAL PROGRESS FOR PUPILS IN GRADES K TO 3 SO THAT PUPILS ARE READING AT GRADE LEVEL BY THE END OF GRADE 3. (iii) THE USE OF DATA FROM DIAGNOSTIC TOOLS TO DETERMINE THE NECESSARY ADDITIONAL SUPPORTS AND INTERVENTIONS NEEDED BY INDIVIDUAL PUPILS IN GRADES K TO 3 IN ORDER TO BE READING AT GRADE LEVEL. (B) FROM THE ALLOCATION UNDER THIS SUBSECTION, THE DEPARTMENT SHALL AWARD GRANTS TO INTERMEDIATE DISTRICTS FOR THE SUPPORT OF EARLY LITERACY COACHES. AN INTERMEDIATE DISTRICT MUST PROVIDE MATCHING FUNDS FOR AT LEAST 50% OF THE COST OF THE LITERACY COACH. THE DEPARTMENT SHALL PROVIDE THIS FUNDING IN THE FOLLOWING MANNER: (i) EACH INTERMEDIATE DISTRICT SHALL BE AWARDED GRANT FUNDING TO SUPPORT THE COST OF 1 EARLY LITERACY COACH IN AN EQUAL AMOUNT PER EARLY LITERACY COACH, NOT TO EXCEED $37,500.00. (ii) AFTER DISTRIBUTION OF THE GRANT FUNDING UNDER SUBPARAGRAPH (i), THE DEPARTMENT SHALL DISTRIBUTE THE REMAINDER OF GRANT FUNDING FOR ADDITIONAL EARLY LITERACY COACHES IN AN AMOUNT NOT TO EXCEED $37,500.00 PER EARLY LITERACY COACH. THE NUMBER OF FUNDED EARLY LITERACY COACHES FOR EACH INTERMEDIATE DISTRICT SHALL BE BASED ON THE PERCENTAGE OF THE TOTAL STATEWIDE NUMBER OF PUPILS IN GRADES K TO 3 WHO MEET THE INCOME ELIGIBILITY STANDARDS FOR THE FEDERAL FREE AND REDUCED-PRICE LUNCH PROGRAMS WHO ARE ENROLLED IN DISTRICTS IN THE INTERMEDIATE DISTRICT. FOR EACH ADDITIONAL EARLY LITERACY COACH FUNDED UNDER THIS SUBPARAGRAPH, THE DEPARTMENT SHALL NOT MAKE AN AWARD TO AN INTERMEDIATE DISTRICT UNDER THIS SUBPARAGRAPH IN AN AMOUNT THAT IS 1118 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 LESS THAN THE AMOUNT NECESSARY TO PAY 1/2 OF THE TOTAL COST OF THAT ADDITIONAL EARLY LITERACY COACH. (C) THE FUNDS ALLOCATED UNDER THIS SUBSECTION ARE A WORK PROJECT APPROPRIATION, AND ANY UNEXPENDED FUNDS FOR 2015-2016 ARE CARRIED FORWARD INTO 2016-2017. THE PURPOSE OF THE WORK PROJECT IS TO CONTINUE TO PROVIDE EARLY LITERACY COACHES AS DESCRIBED IN THIS SUBSECTION. THE ESTIMATED COMPLETION DATE OF THE WORK PROJECT IS SEPTEMBER 30, 2017. (6) FROM THE ALLOCATIONS UNDER SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $17,500,000.00 FOR 2015-2016 TO DISTRICTS THAT PROVIDE ADDITIONAL INSTRUCTIONAL TIME TO THOSE PUPILS IN GRADES K TO 3 WHO HAVE BEEN IDENTIFIED BY USING DEPARTMENTAPPROVED SCREENING AND DIAGNOSTIC TOOLS AS NEEDING ADDITIONAL SUPPORTS AND INTERVENTIONS IN ORDER TO BE READING AT GRADE LEVEL BY THE END OF GRADE 3. ADDITIONAL INSTRUCTIONAL TIME MAY BE PROVIDED BEFORE, DURING, AND AFTER REGULAR SCHOOL HOURS OR AS PART OF A YEAR-ROUND BALANCED SCHOOL CALENDAR. ALL OF THE FOLLOWING APPLY TO FUNDING UNDER THIS SUBSECTION: (A) IN ORDER TO BE ELIGIBLE TO RECEIVE FUNDING, A DISTRICT SHALL DEMONSTRATE TO THE SATISFACTION OF THE DEPARTMENT THAT THE DISTRICT HAS DONE ALL OF THE FOLLOWING: (i) IMPLEMENTED A MULTI-TIERED SYSTEM OF SUPPORT INSTRUCTIONAL DELIVERY MODEL THAT IS AN EVIDENCE-BASED MODEL THAT USES DATA-DRIVEN PROBLEM SOLVING TO INTEGRATE ACADEMIC AND BEHAVIORAL INSTRUCTION AND THAT USES INTERVENTION DELIVERED TO ALL PUPILS IN VARYING INTENSITIES BASED ON PUPIL NEEDS. THE MULTI-TIERED SYSTEM OF SUPPORTS MUST PROVIDE AT LEAST ALL OF THE FOLLOWING ESSENTIAL ELEMENTS: (A) IMPLEMENTS EFFECTIVE INSTRUCTION FOR ALL LEARNERS. (B) INTERVENES EARLY. (C) PROVIDES A MULTI-TIERED MODEL OF INSTRUCTION AND INTERVENTION THAT PROVIDES THE FOLLOWING: A CORE CURRICULUM AND CLASSROOM INTERVENTIONS AVAILABLE TO ALL PUPILS THAT MEET THE NEEDS OF MOST PUPILS; TARGETED GROUP INTERVENTIONS; AND INTENSE INDIVIDUAL INTERVENTIONS. (D) MONITORS PUPIL PROGRESS TO INFORM INSTRUCTION. (E) USES DATA TO MAKE INSTRUCTIONAL DECISIONS. (F) USES ASSESSMENTS INCLUDING UNIVERSAL SCREENING, DIAGNOSTICS, AND PROGRESS MONITORING. (G) ENGAGES FAMILIES AND THE COMMUNITY. (H) IMPLEMENTS EVIDENCE-BASED, SCIENTIFICALLY VALIDATED, INSTRUCTION AND INTERVENTION. (I) IMPLEMENTS INSTRUCTION AND INTERVENTION PRACTICES WITH FIDELITY. (J) USES A COLLABORATIVE PROBLEM-SOLVING MODEL. (ii) USED DEPARTMENT-APPROVED RESEARCH-BASED DIAGNOSTIC TOOLS TO IDENTIFY INDIVIDUAL PUPILS IN NEED OF ADDITIONAL INSTRUCTIONAL TIME. (iii) USED A READING INSTRUCTION METHOD THAT FOCUSES ON THE 5 FUNDAMENTAL BUILDING BLOCKS OF READING: PHONICS, PHONEMIC AWARENESS, FLUENCY, VOCABULARY, AND COMPREHENSION AND CONTENT KNOWLEDGE. (iv) PROVIDED TEACHERS OF PUPILS IN GRADES K TO 3 WITH RESEARCH-BASED PROFESSIONAL DEVELOPMENT IN DIAGNOSTIC DATA INTERPRETATION. (B) FUNDING ALLOCATED UNDER THIS SUBSECTION SHALL BE DISTRIBUTED TO ELIGIBLE DISTRICTS BY MULTIPLYING THE NUMBER OF FULL-TIME-EQUIVALENT PUPILS IN GRADE 1 IN THE DISTRICT BY $165.00. (C) IF THE FUNDS ALLOCATED UNDER THIS SUBSECTION ARE INSUFFICIENT TO FULLY FUND THE PAYMENTS UNDER THIS SUBSECTION, PAYMENTS UNDER THIS SUBSECTION SHALL BE PRORATED ON AN EQUAL PER-PUPIL BASIS BASED ON GRADE 1 PUPILS. (7) FROM THE GENERAL FUND MONEY ALLOCATED IN SUBSECTION (1), THE DEPARTMENT SHALL ALLOCATE THE AMOUNT OF $1,000,000.00 FOR 2015-2016 TO THE MICHIGAN EDUCATION CORPS. ALL OF THE FOLLOWING APPLY TO FUNDING UNDER THIS SUBSECTION: (A) BY AUGUST 1, 2016, THE MICHIGAN EDUCATION CORPS SHALL PROVIDE A REPORT CONCERNING ITS USE OF THE FUNDING TO THE SENATE AND HOUSE APPROPRIATIONS SUBCOMMITTEES ON STATE SCHOOL AID, THE SENATE AND HOUSE FISCAL AGENCIES, AND THE SENATE AND HOUSE CAUCUS POLICY OFFICES ON OUTCOMES AND PERFORMANCE MEASURES OF THE MICHIGAN EDUCATION CORPS, INCLUDING, BUT NOT LIMITED TO, THE DEGREE TO WHICH THE MICHIGAN EDUCATION CORPS’S REPLICATION OF THE MICHIGAN READING CORPS PROGRAM IS DEMONSTRATING No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1119 SUFFICIENT EFFICACY AND IMPACT. THE REPORT MUST INCLUDE DATA PERTAINING TO AT LEAST ALL OF THE FOLLOWING: (i) THE CURRENT IMPACT OF THE MICHIGAN READING CORPS ON THIS STATE IN TERMS OF NUMBERS OF CHILDREN AND PROGRAMS RECEIVING SUPPORT. THIS PORTION OF THE REPORT SHALL SPECIFY THE NUMBER OF CHILDREN TUTORED, INCLUDING DOSAGE AND COMPLETION, AND THE DEMOGRAPHICS OF THOSE CHILDREN. (ii) WHETHER THE ASSESSMENTS AND INTERVENTIONS ARE IMPLEMENTED WITH FIDELITY. THIS PORTION OF THE REPORT SHALL INCLUDE DETAILS ON THE TOTAL NUMBER OF ASSESSMENTS AND INTERVENTIONS COMPLETED AND THE RANGE, MEDIAN, MEAN, AND STANDARD DEVIATION FOR ALL ASSESSMENTS. (iii) WHETHER THE LITERACY IMPROVEMENT OF CHILDREN PARTICIPATING IN THE MICHIGAN READING CORPS IS CONSISTENT WITH EXPECTATIONS. THIS PORTION OF THE REPORT SHALL DETAIL AT LEAST ALL OF THE FOLLOWING: (A) GROWTH RATE BY GRADE LEVEL, IN COMPARISON TO TARGETED GROWTH RATE. (B) AVERAGE LINEAR GROWTH RATES. (C) EXIT RATES. (D) PERCENTAGE OF CHILDREN WHO EXIT WHO ALSO MEET OR EXCEED SPRING BENCHMARKS. (iv) THE IMPACT OF THE MICHIGAN READING CORPS ON ORGANIZATIONS AND STAKEHOLDERS, INCLUDING, BUT NOT LIMITED TO, SCHOOL ADMINISTRATORS, INTERNAL COACHES, AND AMERICORPS MEMBERS. (B) IF THE DEPARTMENT DETERMINES THAT THE MICHIGAN EDUCATION CORPS HAS MISUSED THE FUNDS ALLOCATED UNDER THIS SUBSECTION, THE MICHIGAN EDUCATION CORPS SHALL REIMBURSE THIS STATE FOR THE AMOUNT OF STATE FUNDING MISUSED. (8) FROM THE GENERAL FUND MONEY ALLOCATED UNDER SUBSECTION (1), THERE IS ALLOCATED TO THE DEPARTMENT AN AMOUNT NOT TO EXCEED $500,000.00 FOR 2015-2016 FOR THE ADOPTION OF A CERTIFICATION TEST TO ENSURE THAT ALL NEWLY CERTIFICATED ELEMENTARY TEACHERS HAVE THE SKILLS TO DELIVER EVIDENCE-BASED LITERACY INSTRUCTION. Sec. 39. (1) An eligible applicant receiving funds under section 32d shall submit an application, in a form and manner prescribed by the department, by a date specified by the department in the immediately preceding state fiscal year. The application shall include a comprehensive needs assessment using aggregated data from the applicant’s entire service area and a community collaboration plan that is endorsed by the local great start collaborative and is part of the community’s great start strategic plan that includes, but is not limited to, great start readiness program and head start providers, and shall identify all of the following: (a) The estimated total number of children in the community who meet the criteria of section 32d and how that calculation was made. (b) The estimated number of children in the community who meet the criteria of section 32d and are being served by other early childhood development programs operating in the community, and how that calculation was made. (c) The number of children the applicant will be able to serve who meet the criteria of section 32d including a verification of physical facility and staff resources capacity. (d) The estimated number of children who meet the criteria of section 32d who will remain unserved after the applicant and community early childhood programs have met their funded enrollments. The applicant shall maintain a waiting list of identified unserved eligible children who would be served when openings are available. (2) After notification of funding allocations, an applicant receiving funds under section 32d shall also submit an implementation plan for approval, in a form and manner prescribed by the department, by a date specified by the department, that details how the applicant complies with the program components established by the department pursuant to section 32d. (3) The number of prekindergarten children construed to be in need of special readiness assistance under section 32d shall be calculated for each applicant in the following manner: 1/2 of the percentage of the applicant’s pupils in grades 1 to 5 in all districts served by the applicant who are eligible for free lunch, as determined using the district’s pupil membership count as of the pupil membership count day in the school year prior to the fiscal year for which the calculation is made, under the Richard B. Russell national school lunch act, 42 USC 1751 to 1769i, shall be multiplied by the average kindergarten enrollment of the districts served by the applicant on the pupil membership count day of the 2 immediately preceding fiscal years. (4) The initial allocation for each fiscal year to each eligible applicant under section 32d shall be determined by multiplying the number of children determined by the formula under subsection (3) or the number of children the applicant indicates it will be able to serve under subsection (1)(c), whichever is less, by $3,625.00 and shall be distributed among applicants in decreasing order of concentration of eligible children as determined by the formula under subsection (3). If the number of children an applicant indicates it will be able to serve under subsection (1)(c) includes children able to be served in a school-day program, then the number able to be served in a school-day program shall be doubled for the purposes of making this calculation of the lesser of the number of children determined by the formula under subsection (3) and the number of children the applicant indicates it will be able to serve under subsection (1)(c) and determining the amount of the initial allocation to the applicant 1120 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 under section 32d. A district may contract with a head start agency to serve children enrolled in head start with a school-day program by blending head start funds with a part-day great start readiness program allocation. All head start and great start readiness program policies and regulations apply to the blended program. (5) If funds allocated for eligible applicants or to the great start readiness reserve fund under section 32d remain after the initial allocation under subsection (4), the allocation under this subsection shall be distributed to each eligible applicant under section 32d in decreasing order of concentration of eligible children as determined by the formula under subsection (3). The allocation shall be determined by multiplying the number of children IN each district within the applicant’s service area served in the immediately preceding fiscal year or the number of children the applicant indicates it will be able to serve under subsection (1)(c), whichever is less, minus the number of children for which the applicant received funding in subsection (4) by $3,625.00. (6) If funds allocated for eligible applicants or to the great start readiness reserve fund under section 32d remain after the allocations under subsections (4) and (5), remaining funds shall be distributed to each eligible applicant under section 32d in decreasing order of concentration of eligible children as determined by the formula under subsection (3). If the number of children the applicant indicates it will be able to serve under subsection (1)(c) exceeds the number of children for which funds have been received under subsections (4) and (5), the allocation under this subsection shall be determined by multiplying the number of children the applicant indicates it will be able to serve under subsection (1)(c) less the number of children for which funds have been received under subsections (4) and (5) by $3,625.00 until the funds allocated for eligible applicants in section 32d are distributed. (7) An applicant that offers supplementary child care funded by funds other than those received under section 32d and therefore offers full-day programs as part of its early childhood development program shall receive priority in the allocation of funds under section 32d over other eligible applicants. As used in this subsection, “full-day program” means a program that provides supplementary child care that totals at least 10 hours of programming per day. (8) If, taking into account the total amount to be allocated to the applicant as calculated under this section, an applicant determines that it is able to include additional eligible children in the great start readiness program without additional funds under section 32d, the applicant may include additional eligible children but shall not receive additional funding under section 32d for those children. Sec. 39a. (1) From the federal funds appropriated in section 11, there is allocated for 2014-2015 2015-2016 to districts, intermediate districts, and other eligible entities all available federal funding, estimated at $807,969,900.00 $779,076,400.00 for the federal programs under the no child left behind act of 2001, Public Law 107-110. These funds are allocated as follows: (a) An amount estimated at $8,000,000.00 $5,000,000.00 to provide students with drug- and violence-prevention programs and to implement strategies to improve school safety, funded from DED-OESE, drug-free schools and communities funds. (b) An amount estimated at $111,111,900.00 for the purpose of preparing, training, and recruiting high-quality teachers and class size reduction, funded from DED-OESE, improving teacher quality funds. (c) An amount estimated at $12,200,000.00 for programs to teach English to limited English proficient (LEP) children, funded from DED-OESE, language acquisition state grant funds. (d) An amount estimated at $10,286,500.00 for the Michigan charter school subgrant program, funded from DED-OESE, charter school funds. (e) An amount estimated at $2,393,500.00 $3,000,000.00 for rural and low income schools, funded from DED-OESE, rural and low income school funds. (f) An amount estimated at $591,500,000.00 $565,000,000.00 to provide supplemental programs to enable educationally disadvantaged children to meet challenging academic standards, funded from DED-OESE, title I, disadvantaged children funds. (g) An amount estimated at $8,878,000.00 for the purpose of identifying and serving migrant children, funded from DED‑OESE, title I, migrant education funds. (h) An amount estimated at $39,000,000.00 for the purpose of providing high-quality extended learning opportunities, after school and during the summer, for children in low-performing schools, funded from DED-OESE, twenty-first century community learning center funds. (i) An amount estimated at $24,600,000.00 to help support local school improvement efforts, funded from DED-OESE, title I, local school improvement grants. (2) From the federal funds appropriated in section 11, there is allocated for 2014-2015 2015-2016 to districts, intermediate districts, and other eligible entities all available federal funding, estimated at $31,300,000.00 $30,800,000.00 for the following programs that are funded by federal grants: (a) An amount estimated at $200,000.00 for acquired immunodeficiency syndrome education grants, funded from HHS – center for disease control, CENTERS FOR DISEASE CONTROL AND PREVENTION, AIDS funding. (b) An amount estimated at $2,600,000.00 to provide services to homeless children and youth, funded from DED-OVAE, homeless children and youth funds. (C) AN AMOUNT ESTIMATED AT $4,000,000.00 TO PROVIDE MENTAL HEALTH, SUBSTANCE ABUSE, OR VIOLENCE PREVENTION SERVICES TO STUDENTS, FUNDED FROM HHS-SAMHSA. (D) (c) An amount estimated at $28,500,000.00 $24,000,000.00 for providing career and technical education services to pupils, funded from DED-OVAE, basic grants to states. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1121 (3) All federal funds allocated under this section shall be distributed in accordance with federal law and with flexibility provisions outlined in Public Law 107-116, and in the education flexibility partnership act of 1999, Public Law 106-25. Notwithstanding section 17b, payments of federal funds to districts, intermediate districts, and other eligible entities under this section shall be paid on a schedule determined by the department. (4) For the purposes of applying for federal grants appropriated under this article, the department shall allow an intermediate district to submit a consortium application on behalf of 2 or more districts with the agreement of those districts as appropriate according to federal rules and guidelines. (5) As used in this section: (a) “DED” means the United States department of education.DEPARTMENT OF EDUCATION. (b) “DED-OESE” means the DED office of elementary and secondary education.OFFICE OF ELEMENTARY AND SECONDARY EDUCATION. (c) “DED-OVAE” means the DED office of vocational and adult education.OFFICE OF VOCATIONAL AND ADULT EDUCATION. (d) “HHS” means the United States department of health and human services.DEPARTMENT OF HEALTH AND HUMAN SERVICES. (e) “HHS-ACF” means the HHS administration for children and families. (E) “HHS-SAMHSA” MEANS THE HHS SUBSTANCE ABUSE AND MENTAL HEALTH SERVICES ADMINISTRATION. Sec. 41. From the appropriation in section 11, there is allocated an amount not to exceed $1,200,000.00 each fiscal year for 2013-2014 and for 2014-2015 FOR 2015-2016 to applicant districts and intermediate districts offering programs of instruction for pupils of limited English-speaking ability under section 1153 of the revised school code, MCL 380.1153. Reimbursement shall be on a per-pupil basis and shall be based on the number of pupils of limited English-speaking ability in membership on the pupil membership count day. Funds allocated under this section shall be used solely for instruction in speaking, reading, writing, or comprehension of English. A pupil shall not be counted under this section or instructed in a program under this section for more than 3 years. Sec. 43. From the general fund money appropriated in section 11, there is allocated to the department for 2014-2015 2015‑2016 an amount not to exceed $1,800,000.00 for updating teacher certification tests. The department shall use these funds to update the set of teacher certification tests, including content-specific and subject-relevant tests, to reflect current education standards by not later than September 30, 2016. THIS IS THE SECOND YEAR OF 2 YEARS OF FUNDING. Sec. 51a. (1) From the appropriation in section 11, there is allocated an amount not to exceed $914,946,100.00 $901,946,100.00 for 2014-2015 AND AN AMOUNT NOT TO EXCEED $918,546,100.00 FOR 2015-2016 from state sources and all available federal funding under sections 611 to 619 of part B of the individuals with disabilities education act, 20 USC 1411 to 1419, estimated at $370,000,000.00 EACH FISCAL YEAR for 2014-2015, 2014-2015 AND FOR 2015-2016, plus any carryover federal funds from previous year appropriations. The allocations under this subsection are for the purpose of reimbursing districts and intermediate districts for special education programs, services, and special education personnel as prescribed in article 3 of the revised school code, MCL 380.1701 to 380.1766; net tuition payments made by intermediate districts to the Michigan schools for the deaf and blind; and special education programs and services for pupils who are eligible for special education programs and services according to statute or rule. For meeting the costs of special education programs and services not reimbursed under this article, a district or intermediate district may use money in general funds or special education funds, not otherwise restricted, or contributions from districts to intermediate districts, tuition payments, gifts and contributions from individuals or other entities, or federal funds that may be available for this purpose, as determined by the intermediate district plan prepared pursuant to article 3 of the revised school code, MCL 380.1701 to 380.1766. Notwithstanding section 17b, payments of federal funds to districts, intermediate districts, and other eligible entities under this section shall be paid on a schedule determined by the department. (2) From the funds allocated under subsection (1), there is allocated the amount necessary, estimated at $251,800,000.00 $248,100,000.00 for 2014-2015 AND ESTIMATED AT $251,800,000.00 FOR 2015-2016, for payments toward reimbursing districts and intermediate districts for 28.6138% of total approved costs of special education, excluding costs reimbursed under section 53a, and 70.4165% of total approved costs of special education transportation. Allocations under this subsection shall be made as follows: (a) The initial amount allocated to a district under this subsection toward fulfilling the specified percentages shall be calculated by multiplying the district’s special education pupil membership, excluding pupils described in subsection (11), times the foundation allowance under section 20 of the pupil’s district of residence, not to exceed the basic foundation allowance under section 20 for the current fiscal year, or, for a special education pupil in membership in a district that is a public school academy, times an amount equal to the amount per membership pupil calculated under section 20(6) or, for a pupil described in this subsection who is counted in membership in the education achievement system, times an amount equal to the amount per membership pupil under section 20(7). For an intermediate district, the amount allocated under this subdivision toward fulfilling the specified percentages shall be an amount per special education membership pupil, excluding pupils described in subsection (11), and shall be calculated in the same manner as for a district, using the foundation allowance under section 20 of the pupil’s district of residence, not to exceed the basic foundation allowance under section 20 for the current fiscal year. 1122 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (b) After the allocations under subdivision (a), districts and intermediate districts for which the payments calculated under subdivision (a) do not fulfill the specified percentages shall be paid the amount necessary to achieve the specified percentages for the district or intermediate district. (3) From the funds allocated under subsection (1), there is allocated for 2014-2015 an amount not to exceed $1,000,000.00 AND THERE IS ALLOCATED FOR 2015-2016 AN AMOUNT NOT TO EXCEED $1,300,000.00 to make payments to districts and intermediate districts under this subsection. If the amount allocated to a district or intermediate district for a fiscal year under subsection (2)(b) is less than the sum of the amounts allocated to the district or intermediate district for 1996-97 under sections 52 and 58, there is allocated to the district or intermediate district for the fiscal year an amount equal to that difference, adjusted by applying the same proration factor that was used in the distribution of funds under section 52 in 1996-97 as adjusted to the district’s or intermediate district’s necessary costs of special education used in calculations for the fiscal year. This adjustment is to reflect reductions in special education program operations or services between 1996-97 and subsequent fiscal years. Adjustments for reductions in special education program operations or services shall be made in a manner determined by the department and shall include adjustments for program or service shifts. (4) If the department determines that the sum of the amounts allocated for a fiscal year to a district or intermediate district under subsection (2)(a) and (b) is not sufficient to fulfill the specified percentages in subsection (2), then the shortfall shall be paid to the district or intermediate district during the fiscal year beginning on the October 1 following the determination and payments under subsection (3) shall be adjusted as necessary. If the department determines that the sum of the amounts allocated for a fiscal year to a district or intermediate district under subsection (2)(a) and (b) exceeds the sum of the amount necessary to fulfill the specified percentages in subsection (2), then the department shall deduct the amount of the excess from the district’s or intermediate district’s payments under this article for the fiscal year beginning on the October 1 following the determination and payments under subsection (3) shall be adjusted as necessary. However, if the amount allocated under subsection (2)(a) in itself exceeds the amount necessary to fulfill the specified percentages in subsection (2), there shall be no deduction under this subsection. (5) State funds shall be allocated on a total approved cost basis. Federal funds shall be allocated under applicable federal requirements, except that an amount not to exceed $3,500,000.00 may be allocated by the department EACH FISCAL YEAR for 2014-2015 AND FOR 2015-2016 to districts, intermediate districts, or other eligible entities on a competitive grant basis for programs, equipment, and services that the department determines to be designed to benefit or improve special education on a statewide scale. (6) From the amount allocated in subsection (1), there is allocated an amount not to exceed $2,200,000.00 EACH FISCAL YEAR for 2014-2015 AND FOR 2015-2016 to reimburse 100% of the net increase in necessary costs incurred by a district or intermediate district in implementing the revisions in the administrative rules for special education that became effective on July 1, 1987. As used in this subsection, “net increase in necessary costs” means the necessary additional costs incurred solely because of new or revised requirements in the administrative rules minus cost savings permitted in implementing the revised rules. Net increase in necessary costs shall be determined in a manner specified by the department. (7) For purposes of sections 51a to 58, all of the following apply: (a) “Total approved costs of special education” shall be determined in a manner specified by the department and may include indirect costs, but shall not exceed 115% of approved direct costs for section 52 and section 53a programs. The total approved costs include salary and other compensation for all approved special education personnel for the program, including payments for social security and Medicare and public school employee retirement system contributions. The total approved costs do not include salaries or other compensation paid to administrative personnel who are not special education personnel as defined in section 6 of the revised school code, MCL 380.6. Costs reimbursed by federal funds, other than those federal funds included in the allocation made under this article, are not included. Special education approved personnel not utilized full time in the evaluation of students or in the delivery of special education programs, ancillary, and other related services shall be reimbursed under this section only for that portion of time actually spent providing these programs and services, with the exception of special education programs and services provided to youth placed in child caring institutions or juvenile detention programs approved by the department to provide an on-grounds education program. (b) Beginning with the 2004-2005 fiscal year, a district or intermediate district that employed special education support services staff to provide special education support services in 2003-2004 or in a subsequent fiscal year and that in a fiscal year after 2003-2004 receives the same type of support services from another district or intermediate district shall report the cost of those support services for special education reimbursement purposes under this article. This subdivision does not prohibit the transfer of special education classroom teachers and special education classroom aides if the pupils counted in membership associated with those special education classroom teachers and special education classroom aides are transferred and counted in membership in the other district or intermediate district in conjunction with the transfer of those teachers and aides. (c) If the department determines before bookclosing for a fiscal year that the amounts allocated for that fiscal year under subsections (2), (3), (6), and (11) and sections 53a, 54, and 56 will exceed expenditures for that fiscal year under subsections  (2), (3), (6), and (11) and sections 53a, 54, and 56, then for a district or intermediate district whose reimbursement for that fiscal year would otherwise be affected by subdivision (b), subdivision (b) does not apply to the calculation of the reimbursement for that district or intermediate district and reimbursement for that district or intermediate district shall be calculated in the same manner as it was for 2003-2004. If the amount of the excess allocations under subsections (2), (3), (6), and (11) and No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1123 sections 53a, 54, and 56 is not sufficient to fully fund the calculation of reimbursement to those districts and intermediate districts under this subdivision, then the calculations and resulting reimbursement under this subdivision shall be prorated on an equal percentage basis. This reimbursement shall not be made after 2014-2015.BEGINNING IN 2015-2016, THE AMOUNT OF REIMBURSEMENT UNDER THIS SUBDIVISION FOR A FISCAL YEAR SHALL NOT EXCEED $2,000,000.00 FOR ANY DISTRICT OR INTERMEDIATE DISTRICT. (d) Reimbursement for ancillary and other related services, as defined by R 340.1701c of the Michigan administrative code, shall not be provided when those services are covered by and available through private group health insurance carriers or federal reimbursed program sources unless the department and district or intermediate district agree otherwise and that agreement is approved by the state budget director. Expenses, other than the incidental expense of filing, shall not be borne by the parent. In addition, the filing of claims shall not delay the education of a pupil. A district or intermediate district shall be responsible for payment of a deductible amount and for an advance payment required until the time a claim is paid. (e) Beginning with calculations for 2004-2005, if an intermediate district purchases a special education pupil transportation service from a constituent district that was previously purchased from a private entity; if the purchase from the constituent district is at a lower cost, adjusted for changes in fuel costs; and if the cost shift from the intermediate district to the constituent does not result in any net change in the revenue the constituent district receives from payments under sections 22b and 51c, then upon application by the intermediate district, the department shall direct the intermediate district to continue to report the cost associated with the specific identified special education pupil transportation service and shall adjust the costs reported by the constituent district to remove the cost associated with that specific service. (8) A pupil who is enrolled in a full-time special education program conducted or administered by an intermediate district or a pupil who is enrolled in the Michigan schools for the deaf and blind shall not be included in the membership count of a district, but shall be counted in membership in the intermediate district of residence. (9) Special education personnel transferred from 1 district to another to implement the revised school code shall be entitled to the rights, benefits, and tenure to which the person would otherwise be entitled had that person been employed by the receiving district originally. (10) If a district or intermediate district uses money received under this section for a purpose other than the purpose or purposes for which the money is allocated, the department may require the district or intermediate district to refund the amount of money received. Money that is refunded shall be deposited in the state treasury to the credit of the state school aid fund. (11) From the funds allocated in subsection (1), there is allocated the amount necessary, estimated at $4,000,000.00 $3,400,000.00 for 2014-2015 AND ESTIMATED AT $3,300,000.00 FOR 2015-2016, to pay the foundation allowances for pupils described in this subsection. The allocation to a district under this subsection shall be calculated by multiplying the number of pupils described in this subsection who are counted in membership in the district times the foundation allowance under section 20 of the pupil’s district of residence, not to exceed the basic foundation allowance under section 20 for the current fiscal year, or, for a pupil described in this subsection who is counted in membership in a district that is a public school academy, times an amount equal to the amount per membership pupil under section 20(6) or, for a pupil described in this subsection who is counted in membership in the education achievement system, times an amount equal to the amount per membership pupil under section 20(7). The allocation to an intermediate district under this subsection shall be calculated in the same manner as for a district, using the foundation allowance under section 20 of the pupil’s district of residence, not to exceed the basic foundation allowance under section 20 for the current fiscal year. This subsection applies to all of the following pupils: (a) Pupils described in section 53a. (b) Pupils counted in membership in an intermediate district who are not special education pupils and are served by the intermediate district in a juvenile detention or child caring facility. (c) Pupils with an emotional impairment counted in membership by an intermediate district and provided educational services by the department of community health AND HUMAN SERVICES. (12) If it is determined that funds allocated under subsection (2) or (11) or under section 51c will not be expended, funds up to the amount necessary and available may be used to supplement the allocations under subsection (2) or (11) or under section 51c in order to fully fund those allocations. After payments under subsections (2) and (11) and section 51c, the remaining expenditures from the allocation in subsection (1) shall be made in the following order: (a) 100% of the reimbursement required under section 53a. (b) 100% of the reimbursement required under subsection (6). (c) 100% of the payment required under section 54. (d) 100% of the payment required under subsection (3). (e) 100% of the payments under section 56. (13) The allocations under subsections (2), (3), and (11) shall be allocations to intermediate districts only and shall not be allocations to districts, but instead shall be calculations used only to determine the state payments under section 22b. (14) If a public school academy enrolls pursuant to this section a pupil who resides outside of the intermediate district in which the public school academy is located and who is eligible for special education programs and services according to statute or rule, or who is a child with disabilities, as defined under the individuals with disabilities education act, Public Law 108-446, the provision of special education programs and services and the payment of the added costs of special education programs and services for the pupil are the responsibility of the district and intermediate district in which the pupil resides unless the 1124 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 enrolling district or intermediate district has a written agreement with the district or intermediate district in which the pupil resides or the public school academy for the purpose of providing the pupil with a free appropriate public education and the written agreement includes at least an agreement on the responsibility for the payment of the added costs of special education programs and services for the pupil. (15) IT IS THE INTENT OF THE LEGISLATURE THAT, BEGINNING IN 2016-2017, A DISTRICT, PUBLIC SCHOOL ACADEMY, OR INTERMEDIATE DISTRICT THAT FAILS TO COMPLY WITH SUBSECTION (14) OR WITH THE REQUIREMENTS OF FEDERAL REGULATIONS REGARDING THE TREATMENT OF PUBLIC SCHOOL ACADEMIES AND PUBLIC SCHOOL ACADEMY PUPILS FOR THE PURPOSES OF SPECIAL EDUCATION, 34 CFR 300.209, FORFEITS FROM ITS TOTAL STATE AID AN AMOUNT EQUAL TO 10% OF ITS TOTAL STATE AID. Sec. 51c. As required by the court in the consolidated cases known as Durant v State of Michigan, Michigan supreme court docket no. 104458-104492, from the allocation under section 51a(1), there is allocated EACH FISCAL YEAR for 2014‑2015 AND FOR 2015-2016 the amount necessary, estimated at $606,000,000.00, $597,300,000.00 FOR 2014-2015 AND ESTIMATED AT $610,000,000.00 FOR 2015-2016, for payments to reimburse districts for 28.6138% of total approved costs of special education excluding costs reimbursed under section 53a, and 70.4165% of total approved costs of special education transportation. Funds allocated under this section that are not expended in the state fiscal year for which they were allocated, as determined by the department, may be used to supplement the allocations under sections 22a and 22b in order to fully fund those calculated allocations for the same fiscal year. Sec. 51d. (1) From the federal funds appropriated in section 11, there is allocated for 2014-2015, 2015-2016, all available federal funding, estimated at $74,000,000.00, $71,000,000.00, for special education programs and services that are funded by federal grants. All federal funds allocated under this section shall be distributed in accordance with federal law. Notwithstanding section 17b, payments of federal funds to districts, intermediate districts, and other eligible entities under this section shall be paid on a schedule determined by the department. (2) From the federal funds allocated under subsection (1), the following amounts are allocated for 2014-2015:2015-2016: (a) An amount estimated at $15,000,000.00 $14,000,000.00 for handicapped infants and toddlers, funded from DED-OSERS, handicapped infants and toddlers funds. (b) An amount estimated at $14,000,000.00 $12,000,000.00 for preschool grants (Public Law 94-142), funded from DED‑OSERS, handicapped preschool incentive funds. (c) An amount estimated at $45,000,000.00 for special education programs funded by DED-OSERS, handicapped program, individuals with disabilities act funds. (3) As used in this section, “DED-OSERS” means the United States department of education office of special education and rehabilitative services.DEPARTMENT OF EDUCATION OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES. Sec. 53a. (1) For districts, reimbursement for pupils described in subsection (2) shall be 100% of the total approved costs of operating special education programs and services approved by the department and included in the intermediate district plan adopted pursuant to article 3 of the revised school code, MCL 380.1701 to 380.1766, minus the district’s foundation allowance calculated under section 20. For intermediate districts, reimbursement for pupils described in subsection (2) shall be calculated in the same manner as for a district, using the foundation allowance under section 20 of the pupil’s district of residence, not to exceed the basic foundation allowance under section 20 for the current fiscal year. (2) Reimbursement under subsection (1) is for the following special education pupils: (a) Pupils assigned to a district or intermediate district through the community placement program of the courts or a state agency, if the pupil was a resident of another intermediate district at the time the pupil came under the jurisdiction of the court or a state agency. (b) Pupils who are residents of institutions operated by the department of community health AND HUMAN SERVICES. (c) Pupils who are former residents of department of community health institutions for the developmentally disabled who are placed in community settings other than the pupil’s home. (d) Pupils enrolled in a department-approved on-grounds educational program longer than 180 days, but not longer than 233 days, at a residential child care institution, if the child care institution offered in 1991-92 an on-grounds educational program longer than 180 days but not longer than 233 days. (e) Pupils placed in a district by a parent for the purpose of seeking a suitable home, if the parent does not reside in the same intermediate district as the district in which the pupil is placed. (3) Only those costs that are clearly and directly attributable to educational programs for pupils described in subsection (2), and that would not have been incurred if the pupils were not being educated in a district or intermediate district, are reimbursable under this section. (4) The costs of transportation shall be funded under this section and shall not be reimbursed under section 58. (5) Not more than $10,500,000.00 of the allocation for 2014-2015 2015-2016 in section 51a(1) shall be allocated under this section. Sec. 54. Each intermediate district shall receive an amount per-pupil for each pupil in attendance at the Michigan schools for the deaf and blind. The amount shall be proportionate to the total instructional cost at each school. Not more than $1,688,000.00 of the allocation for 2014-2015 2015-2016 in section 51a(1) shall be allocated under this section. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1125 SEC. 55. (1) FROM THE MONEY APPROPRIATED IN SECTION 11, THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $150,000.00 FOR 2015-2016 TO MICHIGAN STATE UNIVERSITY, DEPARTMENT OF EPIDEMIOLOGY, FOR A STUDY OF THE CONDUCTIVE LEARNING CENTER LOCATED AT AQUINAS COLLEGE. THIS FUNDING SHALL BE USED TO DEVELOP AND IMPLEMENT AN EVALUATION OF THE EFFECTIVENESS OF CONDUCTIVE EDUCATION FOR CHILDREN WITH CEREBRAL PALSY. THE EVALUATION SHALL BE MULTIDIMENSIONAL AND SHALL INCLUDE A CONTROL GROUP OF CHILDREN WITH CEREBRAL PALSY NOT ENROLLED IN CONDUCTIVE EDUCATION. IT SHOULD INCLUDE AN ASSESSMENT OF THE MOTOR SYSTEM ITSELF AS WELL AS THE IMPACT OF CONDUCTIVE EDUCATION ON EACH OF THE FOLLOWING: (A) THE ACQUISITION OF SKILLS PERMITTING COMPLEX MOTOR FUNCTIONS. (B) THE PERFORMANCE OF TASKS ESSENTIAL TO DAILY LIVING. (C) THE ATTITUDES AND FEELINGS OF BOTH CHILDREN AND PARENTS. (D) THE LONG-TERM NEED FOR SPECIAL EDUCATION FOR CHILDREN WITH CEREBRAL PALSY. (2) IT IS THE INTENT OF THE LEGISLATURE THAT THIS FUNDING IS FOR THE FIRST OF 2 YEARS OF FUNDING FOR THIS PURPOSE. Sec. 56. (1) For the purposes of this section: (a) “Membership” means for a particular fiscal year the total membership for the immediately preceding fiscal year of the intermediate district and the districts constituent to the intermediate district. (b) “Millage levied” means the millage levied for special education pursuant to part 30 of the revised school code, MCL 380.1711 to 380.1743, including a levy for debt service obligations. (c) “Taxable value” means the total taxable value of the districts constituent to an intermediate district, except that if a district has elected not to come under part 30 of the revised school code, MCL 380.1711 to 380.1743, membership and taxable value of the district shall not be included in the membership and taxable value of the intermediate district. (2) From the allocation under section 51a(1), there is allocated an amount not to exceed $37,758,100.00 for 2014-2015 2015-2016 to reimburse intermediate districts levying millages for special education pursuant to part 30 of the revised school code, MCL 380.1711 to 380.1743. The purpose, use, and expenditure of the reimbursement shall be limited as if the funds were generated by these millages and governed by the intermediate district plan adopted pursuant to article 3 of the revised school code, MCL 380.1701 to 380.1766. As a condition of receiving funds under this section, an intermediate district distributing any portion of special education millage funds to its constituent districts shall submit for departmental approval and implement a distribution plan. (3) Reimbursement for those millages levied in 2013-2014 2014-2015 shall be made in 2014-2015 2015-2016 at an amount per 2013-2014 2014-2015 membership pupil computed by subtracting from $172,200.00 $174,400.00 the 2013-2014 2014‑2015 taxable value behind each membership pupil and multiplying the resulting difference by the 2013-2014 2014-2015 millage levied. (4) The amount paid to a single intermediate district under this section shall not exceed 62.9% of the total amount allocated under subsection (2). (5) The amount paid to a single intermediate district under this section shall not be less than 75% of the amount allocated to the intermediate district under this section for the immediately preceding fiscal year. Sec. 61a. (1) From the appropriation in section 11, there is allocated an amount not to exceed $26,611,300.00 $36,611,300.00 for 2014-2015 2015-2016 to reimburse on an added cost basis districts, except for a district that served as the fiscal agent for a vocational education consortium in the 1993-94 school year, and secondary area vocational-technical education centers for secondary-level career and technical education programs according to rules approved by the superintendent. Applications for participation in the programs shall be submitted in the form prescribed by the department. The department shall determine the added cost for each career and technical education program area. The allocation of added cost funds shall be PRIORITIZED based on the type of CAPITAL AND PROGRAM EXPENDITURES NEEDED TO OPERATE THE career and technical education programs provided; , the number of pupils enrolled; , THE ADVANCEMENT OF PUPILS THROUGH THE INSTRUCTIONAL PROGRAM; THE EXISTENCE OF AN ARTICULATION AGREEMENT WITH AT LEAST 1 POSTSECONDARY INSTITUTION THAT PROVIDES PUPILS WITH OPPORTUNITIES TO EARN POSTSECONDARY CREDIT DURING THE PUPIL’S PARTICIPATION IN THE CAREER AND TECHNICAL EDUCATION PROGRAM AND TRANSFERS THOSE CREDITS TO THE POSTSECONDARY INSTITUTION UPON COMPLETION OF THE CAREER AND TECHNICAL EDUCATION PROGRAM; THE PROGRAM RANK IN STUDENT PLACEMENT, JOB OPENINGS, AND WAGES; and the length of the training period provided, and shall not exceed 75% of the added cost of any program. NOTWITHSTANDING ANY RULE OR DEPARTMENT DETERMINATION TO THE CONTRARY, WHEN DETERMINING A DISTRICT’S ALLOCATION OR THE FORMULA FOR MAKING ALLOCATIONS UNDER THIS SECTION, THE DEPARTMENT SHALL INCLUDE THE PARTICIPATION OF PUPILS IN GRADE 9 IN ALL OF THOSE DETERMINATIONS AND IN ALL PORTIONS OF THE FORMULA. With the approval of the department, the board of a district maintaining a secondary career and technical education program may offer the program for the period from the close of the school year until September 1. The program shall use existing facilities and shall be operated as prescribed by rules promulgated by the superintendent. 1126 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (2) Except for a district that served as the fiscal agent for a vocational education consortium in the 1993-94 school year, districts and intermediate districts shall be reimbursed for local career and technical education administration, shared time career and technical education administration, and career education planning district career and technical education administration. The definition of what constitutes administration and reimbursement shall be pursuant to guidelines adopted by the superintendent. Not more than $800,000.00 of the allocation in subsection (1) shall be distributed under this subsection. (3) In addition to the funds allocated in subsection (1), from the appropriation in section 11, there is allocated an amount not to exceed $1,000,000.00 for 2014-2015 to districts or intermediate districts for area career and technical education centers for the purpose of integrating the Michigan merit curriculum content standards under sections 1278a and 1278b of the revised school code, MCL 380.1278a and 380.1278b, into state-approved career and technical education instructional programs for the purpose of awarding academic credit. The department shall determine the allocation to each career and technical education center in a manner that provides for maximum integration of Michigan merit curriculum content standards statewide. (3) A CAREER AND TECHNICAL EDUCATION PROGRAM FUNDED UNDER THIS SECTION MAY PROVIDE AN OPPORTUNITY FOR PARTICIPANTS WHO ARE ELIGIBLE TO BE FUNDED UNDER SECTION 107 TO ENROLL IN THE CAREER AND TECHNICAL EDUCATION PROGRAM FUNDED UNDER THIS SECTION IF THE PARTICIPATION DOES NOT OCCUR DURING REGULAR SCHOOL HOURS. SEC. 61B. (1) FROM THE APPROPRIATION IN SECTION 11, THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $10,000,000.00 FOR 2015-2016 FOR CTE EARLY/MIDDLE COLLEGE PROGRAMS AUTHORIZED UNDER THIS SECTION. THE PURPOSE OF THESE PROGRAMS IS TO INCREASE THE NUMBER OF MICHIGAN RESIDENTS WITH HIGH-QUALITY DEGREES OR CREDENTIALS, AND TO INCREASE THE NUMBER OF STUDENTS WHO ARE COLLEGE AND CAREER READY UPON HIGH SCHOOL GRADUATION. (2) FROM THE FUNDS ALLOCATED UNDER SUBSECTION (1), AN AMOUNT AS DETERMINED UNDER THIS SUBSECTION SHALL BE ALLOCATED TO EACH INTERMEDIATE DISTRICT SERVING AS A FISCAL AGENT FOR STATE-APPROVED CTE EARLY/MIDDLE COLLEGE PROGRAMS IN EACH OF THE PROSPERITY REGIONS AND SUBREGIONS IDENTIFIED BY THE DEPARTMENT. AN INTERMEDIATE DISTRICT SHALL NOT USE MORE THAN 5% OF THE FUNDS ALLOCATED UNDER THIS SUBSECTION FOR ADMINISTRATIVE COSTS FOR SERVING AS THE FISCAL AGENT. (3) TO BE AN ELIGIBLE FISCAL AGENT, AN INTERMEDIATE DISTRICT MUST AGREE TO DO ALL OF THE FOLLOWING IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT: (A) DISTRIBUTE FUNDS TO ELIGIBLE CTE EARLY/MIDDLE COLLEGE PROGRAMS IN A PROSPERITY REGION OR SUBREGION AS DESCRIBED IN THIS SECTION. (B) COLLABORATE WITH THE TALENT DISTRICT CAREER COUNCIL THAT IS LOCATED IN THE PROSPERITY REGION OR SUBREGION TO DEVELOP A REGIONAL STRATEGIC PLAN UNDER SUBSECTION (4) THAT ALIGNS CTE PROGRAMS AND SERVICES INTO AN EFFICIENT AND EFFECTIVE DELIVERY SYSTEM FOR HIGH SCHOOL STUDENTS. (C) IMPLEMENT A REGIONAL PROCESS TO RANK CAREER CLUSTERS IN THE PROSPERITY REGION OR SUBREGION AS DESCRIBED UNDER SUBSECTION (4). REGIONAL PROCESSES SHALL BE APPROVED BY THE DEPARTMENT BEFORE THE RANKING OF CAREER CLUSTERS. (D) REPORT CTE EARLY/MIDDLE COLLEGE PROGRAM AND STUDENT DATA AND INFORMATION AS PRESCRIBED BY THE DEPARTMENT. (4) A REGIONAL STRATEGIC PLAN MUST BE APPROVED BY THE TALENT DISTRICT CAREER COUNCIL BEFORE SUBMISSION TO THE DEPARTMENT. A REGIONAL STRATEGIC PLAN SHALL INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING: (A) AN IDENTIFICATION OF REGIONAL EMPLOYER NEED BASED ON A RANKING OF ALL CAREER CLUSTERS IN THE PROSPERITY REGION OR SUBREGION RANKED BY 10-YEAR JOB OPENINGS PROJECTIONS AND MEDIAN WAGE FOR EACH STANDARD OCCUPATIONAL CODE IN EACH CAREER CLUSTER AS OBTAINED FROM THE UNITED STATES BUREAU OF LABOR STATISTICS. STANDARD OCCUPATIONAL CODES WITHIN HIGH-RANKING CLUSTERS ALSO MAY BE FURTHER RANKED BY MEDIAN WAGE. THE RANKINGS SHALL BE REVIEWED BY THE TALENT DISTRICT CAREER COUNCIL LOCATED IN THE PROSPERITY REGION OR SUBREGION AND MODIFIED IF NECESSARY TO ACCURATELY REFLECT EMPLOYER DEMAND FOR TALENT IN THE PROSPERITY REGION OR SUBREGION. THESE CAREER CLUSTER RANKINGS SHALL BE DETERMINED AND UPDATED ONCE EVERY 3 YEARS. (B) AN IDENTIFICATION OF EDUCATIONAL ENTITIES IN THE PROSPERITY REGION OR SUBREGION THAT WILL PROVIDE ELIGIBLE CTE EARLY/MIDDLE COLLEGE PROGRAMS INCLUDING DISTRICTS, INTERMEDIATE DISTRICTS, POSTSECONDARY INSTITUTIONS, AND NONCREDIT OCCUPATIONAL TRAINING PROGRAMS LEADING TO AN INDUSTRY-RECOGNIZED CREDENTIAL. (C) A STRATEGY TO INFORM PARENTS AND STUDENTS OF CTE EARLY/MIDDLE COLLEGE PROGRAMS IN THE PROSPERITY REGION OR SUBREGION. (D) ANY OTHER REQUIREMENTS AS DEFINED BY THE DEPARTMENT. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1127 (5) AN ELIGIBLE CTE EARLY/MIDDLE COLLEGE PROGRAM IS A 5-YEAR HIGH SCHOOL PROGRAM THAT MEETS ALL OF THE FOLLOWING: (A) HAS BEEN IDENTIFIED IN THE HIGHEST 5 CAREER CLUSTER RANKINGS IN ANY OF THE 10 REGIONAL STRATEGIC PLANS JOINTLY APPROVED BY THE MICHIGAN TALENT INVESTMENT AGENCY IN THE DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT AND THE DEPARTMENT. (B) HAS A COHERENT SEQUENCE OF COURSES THAT WILL ALLOW A STUDENT TO EARN A HIGH SCHOOL DIPLOMA AND ACHIEVE AT LEAST 1 OF THE FOLLOWING IN A SPECIFIC CAREER CLUSTER: (i) AN ASSOCIATE DEGREE. (ii) AN INDUSTRY-RECOGNIZED TECHNICAL CERTIFICATION APPROVED BY THE MICHIGAN TALENT INVESTMENT AGENCY IN THE DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT. (iii) UP TO 60 TRANSFERABLE COLLEGE CREDITS. (iv) PARTICIPATION IN A REGISTERED APPRENTICESHIP. (C) IS ALIGNED WITH THE MICHIGAN MERIT CURRICULUM. (D) HAS AN ARTICULATION AGREEMENT WITH AT LEAST 1 POSTSECONDARY INSTITUTION THAT PROVIDES STUDENTS WITH OPPORTUNITIES TO RECEIVE POSTSECONDARY CREDITS DURING THE STUDENT’S PARTICIPATION IN THE CTE EARLY/MIDDLE COLLEGE PROGRAM AND TRANSFERS THOSE CREDITS TO THE POSTSECONDARY INSTITUTION UPON COMPLETION OF THE CTE EARLY/ MIDDLE COLLEGE PROGRAM. (E) PROVIDES INSTRUCTION THAT IS SUPERVISED, DIRECTED, OR COORDINATED BY AN APPROPRIATELY CERTIFICATED CTE TEACHER OR, FOR CONCURRENT ENROLLMENT COURSES, A POSTSECONDARY FACULTY MEMBER. (F) PROVIDES FOR HIGHLY INTEGRATED STUDENT SUPPORT SERVICES THAT INCLUDE AT LEAST THE FOLLOWING: (i) TEACHERS AS ACADEMIC ADVISORS. (ii) SUPERVISED COURSE SELECTION. (iii) MONITORING OF STUDENT PROGRESS AND COMPLETION. (iv) CAREER PLANNING SERVICES PROVIDED BY A LOCAL ONE-STOP SERVICE CENTER AS DESCRIBED IN THE MICHIGAN WORKS ONE-STOP SERVICE CENTER SYSTEM ACT, 2006 PA 491, MCL 408.111 TO 408.135, OR BY A HIGH SCHOOL COUNSELOR OR ADVISOR. (G) HAS COURSES THAT ARE TAUGHT ON A COLLEGE CAMPUS, ARE COLLEGE COURSES OFFERED AT THE HIGH SCHOOL AND TAUGHT BY COLLEGE FACULTY, OR ARE COURSES TAUGHT IN COMBINATION WITH ONLINE INSTRUCTION. (6) FUNDS TO ELIGIBLE CTE EARLY/MIDDLE COLLEGE PROGRAMS SHALL BE DISTRIBUTED AS FOLLOWS: (A) THE DEPARTMENT SHALL CALCULATE STATEWIDE AVERAGE CTE COSTS PER FULL-TIME EQUATED PUPIL FOR EACH CAREER CLUSTER BY DIVIDING TOTAL PRIOR YEAR STATEWIDE COSTS FOR EACH CAREER CLUSTER BY PRIOR YEAR FULL-TIME EQUATED PUPILS FOR EACH CAREER CLUSTER. (B) DISTRIBUTION TO EACH ELIGIBLE CTE EARLY/MIDDLE COLLEGE PROGRAM SHALL BE THE PRODUCT OF 50% OF CTE COSTS PER FULL-TIME EQUATED PUPIL TIMES THE CURRENT YEAR FULLTIME EQUATED PUPIL ENROLLMENT OF EACH CAREER CLUSTER IN AN ELIGIBLE CTE EARLY/MIDDLE COLLEGE PROGRAM. (7) IN ORDER TO RECEIVE FUNDS UNDER THIS SECTION, A CTE EARLY/MIDDLE COLLEGE PROGRAM SHALL FURNISH TO THE INTERMEDIATE DISTRICT THAT IS THE FISCAL AGENT IDENTIFIED IN SUBSECTION (1), IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT, ALL INFORMATION NEEDED TO ADMINISTER THIS PROGRAM AND MEET FEDERAL REPORTING REQUIREMENTS; SHALL ALLOW THE DEPARTMENT OR THE DEPARTMENT’S DESIGNEE TO REVIEW ALL RECORDS RELATED TO THE PROGRAM FOR WHICH IT RECEIVES FUNDS; AND SHALL REIMBURSE THE STATE FOR ALL DISALLOWANCES FOUND IN THE REVIEW, AS DETERMINED BY THE DEPARTMENT. (8) FUNDS DISTRIBUTED UNDER THIS SECTION MAY BE USED TO FUND PROGRAM EXPENDITURES THAT WOULD OTHERWISE BE PAID FROM FOUNDATION ALLOWANCES. A PROGRAM PROVIDER SHALL NOT USE MORE THAN 5% OF THE FUNDS ALLOCATED UNDER THIS SECTION TO THE PROGRAM FOR ADMINISTRATIVE COSTS. (9) IF THE ALLOCATION UNDER SUBSECTION (1) IS INSUFFICIENT TO FULLY FUND PAYMENTS AS OTHERWISE CALCULATED UNDER THIS SECTION, THE DEPARTMENT SHALL PRORATE PAYMENTS UNDER THIS SECTION ON AN EQUAL PERCENTAGE BASIS. (10) IF PUPILS ENROLLED IN A CAREER CLUSTER IN AN ELIGIBLE CTE EARLY/MIDDLE COLLEGE PROGRAM QUALIFY TO BE REIMBURSED UNDER THIS SECTION, THOSE PUPILS CONTINUE TO QUALIFY FOR REIMBURSEMENT UNTIL GRADUATION, EVEN IF THE CAREER CLUSTER IS NO LONGER IDENTIFIED AS BEING IN THE HIGHEST 5 CAREER CLUSTER RANKINGS. 1128 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (11) AS USED IN THIS SECTION: (A) “ALLOWABLE COSTS” MEANS THOSE COSTS DIRECTLY ATTRIBUTABLE TO THE PROGRAM AS JOINTLY DETERMINED BY THE MICHIGAN TALENT INVESTMENT AGENCY AND THE DEPARTMENT. (B) “CTE” MEANS CAREER AND TECHNICAL EDUCATION. (C) “TALENT DISTRICT CAREER COUNCIL” MEANS AN ADVISORY COUNCIL TO THE LOCAL WORKFORCE DEVELOPMENT BOARDS LOCATED IN A PROSPERITY REGION CONSISTING OF EDUCATIONAL, EMPLOYER, LABOR, AND PARENT REPRESENTATIVES. Sec. 62. (1) For the purposes of this section: (a) “Membership” means for a particular fiscal year the total membership for the immediately preceding fiscal year of the intermediate district and the districts constituent to the intermediate district or the total membership for the immediately preceding fiscal year of the area vocational-technical program. (b) “Millage levied” means the millage levied for area vocational-technical education pursuant to sections 681 to 690 of the revised school code, MCL 380.681 to 380.690, including a levy for debt service obligations incurred as the result of borrowing for capital outlay projects and in meeting capital projects fund requirements of area vocational-technical education. (c) “Taxable value” means the total taxable value of the districts constituent to an intermediate district or area vocationaltechnical education program, except that if a district has elected not to come under sections 681 to 690 of the revised school code, MCL 380.681 to 380.690, the membership and taxable value of that district shall not be included in the membership and taxable value of the intermediate district. However, the membership and taxable value of a district that has elected not to come under sections 681 to 690 of the revised school code, MCL 380.681 to 380.690, shall be included in the membership and taxable value of the intermediate district if the district meets both of the following: (i) The district operates the area vocational-technical education program pursuant to a contract with the intermediate district. (ii) The district contributes an annual amount to the operation of the program that is commensurate with the revenue that would have been raised for operation of the program if millage were levied in the district for the program under sections 681 to 690 of the revised school code, MCL 380.681 to 380.690. (2) From the appropriation in section 11, there is allocated an amount not to exceed $9,190,000.00 for 2014-2015 2015-2016 to reimburse intermediate districts and area vocational-technical education programs established under section 690(3) of the revised school code, MCL 380.690, levying millages for area vocational-technical education pursuant to sections 681 to 690 of the revised school code, MCL 380.681 to 380.690. The purpose, use, and expenditure of the reimbursement shall be limited as if the funds were generated by those millages. (3) Reimbursement for the millages levied in 2013-2014 2014-2015 shall be made in 2014-2015 2015-2016 at an amount per 2013-2014 2014-2015 membership pupil computed by subtracting from $188,100.00 $189,400.00 the 2013-2014 2014-2015 taxable value behind each membership pupil and multiplying the resulting difference by the 2013-2014 2014-2015 millage levied. (4) The amount paid to a single intermediate district under this section shall not exceed 38.4% of the total amount allocated under subsection (2). (5) The amount paid to a single intermediate district under this section shall not be less than 75% of the amount allocated to the intermediate district under this section for the immediately preceding fiscal year. Sec. 64b. (1) From the appropriation in section 11, there is allocated an amount not to exceed $1,750,000.00 for 2014-2015 2015-2016 for supplemental payments to districts that support the attendance of district pupils in grades 9 to 12 under the postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to 388.524, or under the career and technical preparation act, 2000 PA 258, MCL 388.1901 to 388.1913, consistent with section 21b, or that support the attendance of district pupils in a concurrent enrollment program if the district meets the requirements under subsection (3). PROGRAMS FUNDED UNDER THIS SECTION ARE INTENDED TO INCREASE THE NUMBER OF PUPILS WHO ARE COLLEGEAND CAREER-READY UPON HIGH SCHOOL GRADUATION. (2) To be eligible for payments under this section for supporting the attendance of district pupils under the postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to 388.524, or under the career and technical preparation act, 2000 PA 258, MCL 388.1901 to 388.1913, a district shall do all of the following: (a) Provide information to all high school pupils on postsecondary enrollment options, including enrollment eligibility, the institutions and types of courses that are eligible for participation, the decision-making process for granting academic credit, and an explanation of eligible charges that will be paid by the district. (b) Enter into a written agreement with a postsecondary institution before the enrollment of district pupils. (c) Agree to pay all eligible charges pursuant to section 21b. (d) Award high school credit for the postsecondary course if the pupil successfully completes the course. (3) To be eligible for payments under this section for pupils enrolled in a concurrent enrollment program, a district shall do all of the following: (a) Provide information to all high school pupils on postsecondary enrollment options, including enrollment eligibility, the institutions and types of courses that are eligible for participation, the decision-making process for granting academic credit, and an explanation of eligible charges that will be paid by the district. (b) Enter into a written agreement with a postsecondary institution establishing the concurrent enrollment program before the enrollment of district pupils in a postsecondary course through the postsecondary institution. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1129 (c) Ensure that the course is taught by either a high school teacher or postsecondary faculty pursuant to standards established by the postsecondary institution with which the district has entered into a written agreement to operate the concurrent enrollment program. (d) Ensure that the written agreement provides that the postsecondary institution agrees not to charge the pupil for any cost of the program. (e) Ensure that the course is taught in the local district or intermediate district. (f) Ensure that the pupil is awarded both high school and college credit AT ANY COMMUNITY COLLEGE OR STATE PUBLIC UNIVERSITY IN THIS STATE upon successful completion of the course as outlined in the agreement with the postsecondary institution. (4) Funds shall be awarded to eligible districts under this section in the following manner: (a) A payment of $10.00 per credit, for up to 3 credits, for a credit-bearing course in which a pupil enrolls during the 2014‑2015 2015-2016 school year as described under either subsection (2) or (3). (b) An additional payment of $30.00 per-pupil per course identified in subdivision (a), if the pupil successfully completes, and is awarded both high school and postsecondary credit for, the course during the 2014-2015 2015-2016 school year. (5) A district requesting payment under this section shall submit an application to the department in the form and manner prescribed by the department. Notwithstanding section 17b, payments under this section shall be made on a schedule determined by the department. SEC. 65. (1) FROM THE GENERAL FUND MONEY APPROPRIATED UNDER SECTION 11, THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $340,000.00 FOR 2015-2016 FOR A PRE-COLLEGE ENGINEERING K-12 EDUCATIONAL PROGRAM THAT IS FOCUSED ON THE DEVELOPMENT OF A DIVERSE FUTURE MICHIGAN WORKFORCE, THAT SERVES MULTIPLE COMMUNITIES WITHIN SOUTHEAST MICHIGAN, THAT ENROLLS PUPILS FROM MULTIPLE DISTRICTS, AND THAT RECEIVED FUNDS APPROPRIATED FOR THIS PURPOSE IN THE APPROPRIATIONS ACT THAT PROVIDED THE MICHIGAN STRATEGIC FUND BUDGET FOR 2014-2015. (2) TO BE ELIGIBLE FOR FUNDING UNDER THIS SECTION, A PROGRAM MUST HAVE THE ABILITY TO EXPOSE PUPILS TO, AND MOTIVATE AND PREPARE PUPILS FOR, SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS CAREERS AND POSTSECONDARY EDUCATION WITH SPECIAL ATTENTION GIVEN TO GROUPS OF PUPILS WHO ARE AT-RISK AND UNDERREPRESENTED IN TECHNICAL PROFESSIONS AND CAREERS. SEC. 67. (1) FROM THE GENERAL FUND AMOUNT APPROPRIATED IN SECTION 11, THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $3,600,000.00 FOR 2015-2016 FOR COLLEGE AND CAREER PREPARATION ACTIVITIES. THE PROGRAMS FUNDED UNDER THIS SECTION ARE INTENDED TO INFORM STUDENTS OF COLLEGE AND CAREER OPTIONS AND TO PROVIDE A WIDE ARRAY OF TOOLS AND RESOURCES INTENDED TO INCREASE THE NUMBER OF PUPILS WHO ARE ADEQUATELY PREPARED WITH THE INFORMATION NEEDED TO MAKE INFORMED DECISIONS ON COLLEGE AND CAREER. THE FUNDS APPROPRIATED UNDER THIS SECTION ARE INTENDED TO BE USED TO INCREASE THE NUMBER OF MICHIGAN RESIDENTS WITH HIGH-QUALITY DEGREES OR CREDENTIALS. FUNDS APPROPRIATED UNDER THIS SECTION SHALL NOT BE USED TO SUPPLANT FUNDING FOR COUNSELORS ALREADY FUNDED BY DISTRICTS. (2) FROM THE AMOUNT ALLOCATED IN SUBSECTION (1), AN AMOUNT NOT TO EXCEED $3,000,000.00 SHALL BE USED FOR THE COLLEGE ACCESS PROGRAM. THE TALENT INVESTMENT AGENCY OF THE DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT SHALL ADMINISTER THESE FUNDS IN COLLABORATION WITH THE MICHIGAN COLLEGE ACCESS NETWORK. THESE FUNDS MAY BE USED FOR ANY OF THE FOLLOWING PURPOSES: (A) MICHIGAN COLLEGE ACCESS NETWORK OPERATIONS, PROGRAMMING, AND SERVICES TO LOCAL COLLEGE ACCESS NETWORKS. (B) LOCAL COLLEGE ACCESS NETWORKS, WHICH ARE COMMUNITY-BASED COLLEGE ACCESS/ SUCCESS PARTNERSHIPS COMMITTED TO INCREASING THE COLLEGE PARTICIPATION AND COMPLETION RATES WITHIN GEOGRAPHICALLY DEFINED COMMUNITIES THROUGH A COORDINATED STRATEGY. (C) THE MICHIGAN COLLEGE ADVISING PROGRAM, A PROGRAM INTENDED TO PLACE TRAINED, RECENTLY GRADUATED COLLEGE ADVISORS IN HIGH SCHOOLS THAT SERVE SIGNIFICANT NUMBERS OF LOW-INCOME AND FIRST-GENERATION COLLEGE-GOING PUPILS. STATE FUNDS USED FOR THIS PURPOSE MAY NOT EXCEED 33% OF THE TOTAL FUNDS AVAILABLE UNDER THIS SUBSECTION. (D) SUBGRANTS OF UP TO $5,000.00 TO DISTRICTS WITH COMPREHENSIVE HIGH SCHOOLS THAT ESTABLISH A COLLEGE ACCESS TEAM AND IMPLEMENT SPECIFIC STRATEGIES TO CREATE A COLLEGE-GOING CULTURE IN A HIGH SCHOOL IN A FORM AND MANNER APPROVED BY THE MICHIGAN COLLEGE ACCESS NETWORK AND THE MICHIGAN TALENT INVESTMENT AGENCY. 1130 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (E) THE MICHIGAN COLLEGE ACCESS PORTAL, AN ONLINE ONE-STOP PORTAL TO HELP PUPILS AND FAMILIES PLAN AND APPLY FOR COLLEGE. (F) PUBLIC AWARENESS AND OUTREACH CAMPAIGNS TO ENCOURAGE LOW-INCOME AND FIRSTGENERATION COLLEGE-GOING PUPILS TO TAKE NECESSARY STEPS TOWARD COLLEGE AND TO ASSIST PUPILS AND FAMILIES IN COMPLETING A TIMELY AND ACCURATE FREE APPLICATION FOR FEDERAL STUDENT AID. (G) SUBGRANTS TO POSTSECONDARY INSTITUTIONS TO RECRUIT, HIRE, AND TRAIN COLLEGE STUDENT MENTORS AND COLLEGE ADVISORS TO ASSIST HIGH SCHOOL PUPILS IN NAVIGATING THE POSTSECONDARY PLANNING AND ENROLLMENT PROCESS. (3) FROM THE AMOUNT ALLOCATED IN SUBSECTION (1), AN AMOUNT NOT TO EXCEED $600,000.00 SHALL BE USED FOR THE PURPOSES OF THIS SUBSECTION. THE TALENT INVESTMENT AGENCY OF THE DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT SHALL ADMINISTER THESE FUNDS IN COLLABORATION WITH THE MICHIGAN COLLEGE ACCESS NETWORK AND THE MICHIGAN VIRTUAL UNIVERSITY TO PROVIDE ALL OF THE FOLLOWING: (A) A PILOT OUTREACH PROGRAM TO PROVIDE INFORMATION TO PUPILS, PARENTS, AND EDUCATORS ON DUAL ENROLLMENT AND OTHER OPPORTUNITIES AVAILABLE TO HIGH SCHOOL PUPILS TO EARN POSTSECONDARY CREDITS, INDUSTRY-RECOGNIZED TECHNICAL CERTIFICATIONS, AND PARTICIPATION IN REGISTERED APPRENTICESHIPS AT NO COST. (B) AN ONLINE CAREER PLANNING TOOL THAT MEETS ALL OF THE FOLLOWING: (i) HELPS PUPILS CREATE EDUCATIONAL DEVELOPMENT PLANS BEFORE STARTING HIGH SCHOOL. (ii) PROVIDES INFORMATION TO PUPILS ALLOWING THEM TO MAKE MORE INFORMED CHOICES ABOUT CAREER AND EDUCATION OPTIONS. (iii) IS AVAILABLE TO PUPILS AT NO COST. (4) FOR THE PURPOSES OF THIS SECTION, “COLLEGE” MEANS ANY POSTSECONDARY EDUCATIONAL OPPORTUNITY THAT LEADS TO A CAREER, INCLUDING, BUT NOT LIMITED TO, A POSTSECONDARY DEGREE, INDUSTRY-RECOGNIZED TECHNICAL CERTIFICATION, OR REGISTERED APPRENTICESHIP. Sec. 74. (1) From the amount appropriated in section 11, there is allocated an amount not to exceed $3,316,500.00 for 2014‑2015 $3,315,700.00 FOR 2015-2016 for the purposes of this section. (2) From the allocation in subsection (1), there is allocated for each fiscal year the amount necessary for payments to state supported colleges or universities and intermediate districts providing school bus driver safety instruction pursuant to section 51 of the pupil transportation act, 1990 PA 187, MCL 257.1851. The payments shall be in an amount determined by the department not to exceed the actual cost of instruction and driver compensation for each public or nonpublic school bus driver attending a course of instruction. For the purpose of computing compensation, the hourly rate allowed each school bus driver shall not exceed the hourly rate received for driving a school bus. Reimbursement compensating the driver during the course of instruction shall be made by the department to the college or university or intermediate district providing the course of instruction. (3) From the allocation in subsection (1), there is allocated for 2014-2015 2015-2016 the amount necessary to pay the reasonable costs of nonspecial education auxiliary services transportation provided pursuant to section 1323 of the revised school code, MCL 380.1323. Districts funded under this subsection shall not receive funding under any other section of this article for nonspecial education auxiliary services transportation. (4) From the funds allocated in subsection (1), there is allocated an amount not to exceed $1,691,500.00 for 2014-2015 $1,690,700.00 FOR 2015-2016 for reimbursement to districts and intermediate districts for costs associated with the inspection of school buses and pupil transportation vehicles by the department of state police as required under section 715a of the Michigan vehicle code, 1949 PA 300, MCL 257.715a, and section 39 of the pupil transportation act, 1990 PA 187, MCL 257.1839. The department of state police shall prepare a statement of costs attributable to each district for which bus inspections are provided and submit it to the department and to an intermediate district serving as fiduciary in a time and manner determined jointly by the department and the department of state police. Upon review and approval of the statement of cost, the department shall forward to the designated intermediate district serving as fiduciary the amount of the reimbursement on behalf of each district and intermediate district for costs detailed on the statement within 45 days after receipt of the statement. The designated intermediate district shall make payment in the amount specified on the statement to the department of state police within 45 days after receipt of the statement. The total reimbursement of costs under this subsection shall not exceed the amount allocated under this subsection. Notwithstanding section 17b, payments to eligible entities under this subsection shall be paid on a schedule prescribed by the department. SEC. 77. (1) IF A DISTRICT IS EDUCATING ALL OF THE HIGH SCHOOL PUPILS WHO ARE COUNTED IN MEMBERSHIP IN ANOTHER DISTRICT PURSUANT TO AN AGREEMENT BETWEEN THE 2 DISTRICTS AND IF THE EDUCATING DISTRICT PROVIDES TRANSPORTATION FOR ITS OWN RESIDENT HIGH SCHOOL PUPILS, THE EDUCATING DISTRICT SHALL USE STATE SCHOOL AID UNDER THIS ARTICLE TO PROVIDE TRANSPORTATION TO AND FROM SCHOOL FOR NORMAL CURRICULAR ACTIVITIES FOR THOSE HIGH SCHOOL PUPILS WHO RESIDE IN THE OTHER DISTRICT. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1131 (2) SUBSECTION (1) DOES NOT REQUIRE THE EDUCATING DISTRICT TO PROVIDE TRANSPORTATION FOR A NONRESIDENT PUPIL FOR ANY EXTRACURRICULAR OR ATHLETIC ACTIVITY IN WHICH THE PUPIL PARTICIPATES. Sec. 81. (1) Except as otherwise provided in this section, from FROM the appropriation in section 11, there is allocated for 2014-2015 2015-2016 to the intermediate districts the sum necessary, but not to exceed $67,115,000.00 $67,108,000.00 to provide state aid to intermediate districts under this section. (2) From the allocation in subsection (1), there is allocated for 2014-2015 2015-2016 an amount not to exceed $65,108,000.00 $67,108,000.00 for allocations to each intermediate district in an amount equal to 104.8% 103.1% of the amount allocated to the intermediate district under this subsection for 2013-2014. 2014-2015. Funding provided under this section shall be used to comply with requirements of this article and the revised school code that are applicable to intermediate districts, and for which funding is not provided elsewhere in this article, and to provide technical assistance to districts as authorized by the intermediate school board. (3) Intermediate districts receiving funds under subsection (2) shall collaborate with the department to develop expanded professional development opportunities for teachers to update and expand their knowledge and skills needed to support the Michigan merit curriculum. (4) From the allocation in subsection (1), there is allocated to an intermediate district, formed by the consolidation or annexation of 2 or more intermediate districts or the attachment of a total intermediate district to another intermediate school district or the annexation of all of the constituent K-12 districts of a previously existing intermediate school district which has disorganized, an additional allotment of $3,500.00 each fiscal year for each intermediate district included in the new intermediate district for 3 years following consolidation, annexation, or attachment. From the allocation in subsection (1), there is allocated $7,000.00 for purposes of this subsection for 2012-2013, for 2013-2014, and for 2014-2015, after which the payment under this subsection will cease. (5) In order to receive funding under subsection (2), an intermediate district shall do all of the following: (a) Demonstrate to the satisfaction of the department that the intermediate district employs at least 1 person who is trained in pupil accounting and auditing procedures, rules, and regulations. (b) Demonstrate to the satisfaction of the department that the intermediate district employs at least 1 person who is trained in rules, regulations, and district reporting procedures for the individual-level student data that serves as the basis for the calculation of the district and high school graduation and dropout rates. (c) Comply with sections 1278a and 1278b of the revised school code, MCL 380.1278a and 380.1278b. (d) Furnish data and other information required by state and federal law to the center and the department in the form and manner specified by the center or the department, as applicable. (e) Comply with section 1230g of the revised school code, MCL 380.1230g. (f) Comply with section 761 of the revised school code, MCL 380.761. (6) From the allocation in subsection (1), there is allocated an amount not to exceed $2,000,000.00 for 2014-2015 for an incentive payment to each intermediate district that meets best practices as determined by the department under this subsection. The amount of the incentive payment is an amount equal to 3.1% of the amount allocated to the intermediate district under subsection (2). An intermediate district is eligible for an incentive payment under this subsection if the intermediate district satisfies at least 5 of the following requirements not later than June 1, 2015: (a) The intermediate district enters into an agreement with the department to comply with all of the following: (i) If the intermediate district developed a service consolidation plan in 2013-2014, implement the service consolidation plan in 2014-2015 and report to the department not later than February 1, 2015 on the intermediate district’s progress in implementing the service consolidation plan. (ii) If the intermediate district did not develop a service consolidation plan in 2012-2013 or 2013-2014, develop a service consolidation plan in 2014-2015 to reduce operating costs that is in compliance with guidelines that were developed by the department for former section 11d as that section was in effect for 2010-2011. (iii) Make the intermediate district’s service consolidation plan publicly available on the intermediate district’s website. (b) The intermediate district has obtained competitive bids on the provision of 1 or more noninstructional services for the intermediate district or its constituent districts with a value of at least $50,000.00. The unfunded accrued liability costs for retirement and other benefits shall be excluded from the intermediate district’s current costs for the purpose of comparing competitive bids to the current costs of providing services. (c) The intermediate district develops a technology plan in accordance with department policy on behalf of all constituent districts within the intermediate district that integrates technology into the classroom and prepares teachers to use digital technologies as part of the instructional program of each of its constituent districts. An intermediate district that developed a technology plan in 2012-2013 or 2013-2014 shall continue to implement that technology plan in 2014-2015. (d) The intermediate district provides to parents and community members a dashboard or report card demonstrating the intermediate district’s efforts to manage its finances responsibly. The dashboard or report card shall include revenue and expenditure projections for the intermediate district for 2014-2015 and 2015-2016, a listing of all debt service obligations, 1132 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 detailed by project, including anticipated 2014-2015 payment for each project, a listing of total outstanding debt, and at least all of the following for the 3 most recent school years for which the data are available: (i) A list of services offered by the intermediate district that are shared by other local or intermediate districts and a list of the districts or intermediate districts that participate. (ii) The total cost savings to local or other intermediate districts that share services with the intermediate district. (iii) The number and percentage of teachers in the intermediate district service area that are trained to integrate technology into the classroom. (iv) The total funds received from levying special education and vocational education millages, and the number of special education and vocational education pupils served with those dollars. (v) The number and percentage of individualized education programs developed for special education pupils that contain academic goals. (e) The intermediate district works in a consortium with 1 or more other intermediate districts and the center to develop local information management system requirements and bid specifications that result in a recommended model information system that supports interoperability to ensure linkage and connectivity in a manner that facilitates the efficient exchange of data among districts, intermediate districts, and the center. At a minimum, these specifications shall include pupil management systems for both general and special education, learning management tools, and business services. (f) If an intermediate district provides medical, pharmacy, dental, vision, disability, long-term care, or any other type of benefit that would constitute a health care services benefit, to employees and their dependents, the intermediate district is the policyholder for each of its insurance policies that covers 1 or more of these benefits. An intermediate district that does not directly employ its staff or an intermediate district with a voluntary employee beneficiary association that pays no more than the maximum per employee contribution amount and that contributes no more than the maximum employer contribution percentage of total annual costs for the medical benefit plans as described in sections 3 and 4 of the publicly funded health insurance contribution act, 2011 PA 152, MCL 15.563 and 15.564, is considered to have satisfied this requirement. Sec. 94. (1) From the general fund appropriation in section 11, there is allocated to the department for 2014-2015 2015-2016 an amount not to exceed $250,000.00 for efforts to increase the number of pupils who participate and succeed in advanced placement and international baccalaureate programs. (2) From the funds allocated under this section, the department shall award funds to cover all or part of the costs of advanced placement test fees or international baccalaureate test fees for low-income pupils who take an advanced placement or an international baccalaureate test. Payments shall not exceed $20.00 per test completed. (3) The department shall only award funds under this section if the department determines that all of the following criteria are met: (a) Each pupil for whom payment is made meets eligibility requirements of the federal advanced placement test fee program under section 1701 of the no child left behind act of 2001, Public Law 107-110. (b) The tests are administered by the college board, the international baccalaureate organization, or another test provider approved by the department. (c) The pupil for whom payment is made pays at least $5.00 toward the cost of each test for which payment is made. (4) The department shall establish procedures for awarding funds under this section. (5) Notwithstanding section 17b, payments under this section shall be made on a schedule determined by the department. Sec. 94a. (1) There is created within the state budget office in the department of technology, management, and budget the center for educational performance and information. The center shall do all of the following: (a) Coordinate the collection of all data required by state and federal law from districts, intermediate districts, and postsecondary institutions. (b) Create, maintain, and enhance this state’s P-20 longitudinal data system and ensure that it meets the requirements of subsection (4). (c) Collect data in the most efficient manner possible in order to reduce the administrative burden on reporting entities, including, but not limited to, electronic transcript services. (d) Create, maintain, and enhance this state’s web-based educational portal to provide information to school leaders, teachers, researchers, and the public in compliance with all federal and state privacy laws. Data shall include, but are not limited to, all of the following: (i) Data sets that link teachers to student information, allowing districts to assess individual teacher impact on student performance and consider student growth factors in teacher and principal evaluation systems. (ii) Data access or, if practical, data sets, provided for regional data warehouses that, in combination with local data, can improve teaching and learning in the classroom. (iii) Research-ready data sets for researchers to perform research that advances this state’s educational performance. (e) Provide data in a useful manner to allow state and local policymakers to make informed policy decisions. (f) Provide public reports to the citizens of this state to allow them to assess allocation of resources and the return on their investment in the education system of this state. (g) Other functions as assigned by the state budget director. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1133 (2) Each state department, officer, or agency that collects information from districts, intermediate districts, or postsecondary institutions as required under state or federal law shall make arrangements with the center to ensure that the state department, officer, or agency is in compliance with subsection (1). This subsection does not apply to information collected by the department of treasury under the uniform budgeting and accounting act, 1968 PA 2, MCL 141.421 to 141.440a; the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821; the school bond qualification, approval, and loan act, 2005 PA 92, MCL 388.1921 to 388.1939; or section 1351a of the revised school code, MCL 380.1351a. (3) The center may enter into any interlocal agreements necessary to fulfill its functions. (4) The center shall ensure that the P-20 longitudinal data system required under subsection (1)(b) meets all of the following: (a) Includes data at the individual student level from preschool through postsecondary education and into the workforce. (b) Supports interoperability by using standard data structures, data formats, and data definitions to ensure linkage and connectivity in a manner that facilitates the exchange of data among agencies and institutions within the state and between states. (c) Enables the matching of individual teacher and student records so that an individual student may be matched with those teachers providing instruction to that student. (d) Enables the matching of individual teachers with information about their certification and the institutions that prepared and recommended those teachers for state certification. (e) Enables data to be easily generated for continuous improvement and decision-making, including timely reporting to parents, teachers, and school leaders on student achievement. (f) Ensures the reasonable quality, validity, and reliability of data contained in the system. (g) Provides this state with the ability to meet federal and state reporting requirements. (h) For data elements related to preschool through grade 12 and postsecondary, meets all of the following: (i) Contains a unique statewide student identifier that does not permit a student to be individually identified by users of the system, except as allowed by federal and state law. (ii) Contains student-level enrollment, demographic, and program participation information. (iii) Contains student-level information about the points at which students exit, transfer in, transfer out, drop out, or complete education programs. (iv) Has the capacity to communicate with higher education data systems. (i) For data elements related to preschool through grade 12 only, meets all of the following: (i) Contains yearly test records of individual students for assessments approved by DED-OESE for accountability purposes under section 1111(b) of the elementary and secondary education act of 1965, 20 USC 6311, including information on individual students not tested, by grade and subject. (ii) Contains student-level transcript information, including information on courses completed and grades earned. (iii) Contains student-level college readiness test scores. (j) For data elements related to postsecondary education only: (i) Contains data that provide information regarding the extent to which individual students transition successfully from secondary school to postsecondary education, including, but not limited to, all of the following: (A) Enrollment in remedial coursework. (B) Completion of 1 year’s worth of college credit applicable to a degree within 2 years of enrollment. (ii) Contains data that provide other information determined necessary to address alignment and adequate preparation for success in postsecondary education. (5) From the general fund appropriation in section 11, there is allocated an amount not to exceed $12,022,800.00 for 2014‑2015 $11,967,000.00 FOR 2015-2016 to the department of technology, management, and budget to support the operations of the center. In addition, from the federal funds appropriated in section 11 there is allocated for 2014-2015 2015-2016 the amount necessary, estimated at $193,500.00, to support the operations of the center and to establish a P-20 longitudinal data system as provided under this section in compliance with the assurance provided to the United States department of education in order to receive state fiscal stabilization funds. NECESSARY FOR STATE AND FEDERAL REPORTING PURPOSES. The center shall cooperate with the department to ensure that this state is in compliance with federal law and is maximizing opportunities for increased federal funding to improve education in this state. (6) From the funds allocated in subsection (5), there is allocated for 2014-2015 an amount not to exceed $850,000.00 THE CENTER MAY USE AN AMOUNT DETERMINED BY THE CENTER for competitive grants FOR 2015-2016 to support collaborative efforts on the P-20 longitudinal data system. All of the following apply to grants awarded under this subsection: (a) The center shall award competitive grants to eligible intermediate districts or a consortium of intermediate districts based on criteria established by the center. (b) Activities funded under the grant shall support the P-20 longitudinal data system portal and may include portal hosting, hardware and software acquisition, maintenance, enhancements, user support and related materials, and professional learning tools and activities aimed at improving the utility of the P-20 longitudinal data system. (c) An applicant that received a grant under this subsection for the immediately preceding fiscal year shall receive priority for funding under this section. However, after 3 fiscal years of continuous funding, an applicant is required to compete openly with new applicants. 1134 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (7) Funds allocated under this section that are not expended in the fiscal year in which they were allocated may be carried forward to a subsequent fiscal year and are appropriated for the purposes for which the funds were originally allocated. (8) The center may bill departments as necessary in order to fulfill reporting requirements of state and federal law. The center may also enter into agreements to supply custom data, analysis, and reporting to other principal executive departments, state agencies, local units of government, and other individuals and organizations. The center may receive and expend funds in addition to those authorized in subsection (5) to cover the costs associated with salaries, benefits, supplies, materials, and equipment necessary to provide such data, analysis, and reporting services. (9) As used in this section: (a) “DED-OESE” means the United States department of education office of elementary and secondary education. DEPARTMENT OF EDUCATION OFFICE OF ELEMENTARY AND SECONDARY EDUCATION. (b) “State education agency” means the department. Sec. 95a. (1) The educator evaluation reserve fund is created as a separate account within the state school aid fund. (2) The state treasurer may receive money or other assets from any source for deposit into the educator evaluation reserve fund. The state treasurer shall direct the investment of the educator evaluation reserve fund. The state treasurer shall credit to the educator evaluation reserve fund interest and earnings from the educator evaluation reserve fund. (3) Money in the educator evaluation reserve fund at the close of the fiscal year shall remain in the educator evaluation reserve fund and shall not lapse to the state school aid fund or to the general fund. The department of treasury shall be the administrator of the educator evaluation reserve fund for auditing purposes. (4) From the appropriations in section 11, there is allocated to the educator evaluation reserve fund for 2014-2015 an amount not to exceed $12,100,000.00 from the state school aid fund and an amount not to exceed $2,700,000.00 from the general fund. Subject to subsections (5) and (6), the department shall expend the money in the educator evaluation reserve fund for implementing evaluation systems for public school teachers and school administrators. (5) Funds in the educator evaluation reserve fund shall not be expended unless House Bill Nos. 5223 and 5224 of the 97th Legislature are enacted into law. (5) (6) Funds in the educator evaluation reserve fund shall not be expended unless the state budget office has approved the department’s spending plan. Sec. 98. (1) From the general fund money appropriated in section 11, there is allocated an amount not to exceed $7,387,500.00 for 2014-2015 2015-2016 for the purposes described in this section. (2) The Michigan virtual university VIRTUAL UNIVERSITY shall operate the Michigan virtual learning research institute. VIRTUAL LEARNING RESEARCH INSTITUTE. The Michigan virtual learning research institute VIRTUAL LEARNING RESEARCH INSTITUTE shall do all of the following: (a) Support and accelerate innovation in education through the following activities: (i) Test, evaluate, and recommend as appropriate new technology-based instructional tools and resources. (ii) Research, design, and recommend digital education delivery models for use by pupils and teachers that include age‑appropriate multimedia instructional content. (iii) Research, develop, and recommend annually to the department criteria by which cyber schools and online course providers should be monitored and evaluated to ensure a quality education for their pupils. (iv) Based on pupil completion and performance data reported to the department or the center for educational performance and information from cyber schools and other online course providers operating in this state, analyze the effectiveness of online learning delivery models in preparing pupils to be college- and career-ready and publish a report that highlights enrollment totals, completion rates, and the overall impact on pupils. The report shall be submitted to the house and senate appropriations subcommittees on state school aid, the state budget director, the house and senate fiscal agencies, and the department not later than December 1, 2015.MARCH 31, 2016. (v) Before August 31, 2015, 2016, provide an extensive professional development program to at least 500 educational personnel, including teachers, school administrators, and school board members, that focuses on the effective integration of digital learning into curricula and instruction. Not later than December 1, 2015, 2016, the Michigan virtual learning research institute VIRTUAL LEARNING RESEARCH INSTITUTE shall submit a report to the house and senate appropriations subcommittees on state school aid, the state budget director, the house and senate fiscal agencies, and the department on the number and percentage of teachers, school administrators, and school board members who have received professional development services from the Michigan virtual university. VIRTUAL UNIVERSITY. The report shall also identify barriers and other opportunities to encourage the adoption of digital learning in the public education system. (vi) Identify and share best practices for planning, implementing, and evaluating online and blended education delivery models with intermediate districts, districts, and public school academies to accelerate the adoption of innovative education delivery models statewide. (b) Provide leadership for this state’s system of digital learning education by doing the following activities: (i) Develop and report policy recommendations to the governor and the legislature that accelerate the expansion of effective online learning in this state’s schools. (ii) Provide a clearinghouse for research reports, academic studies, evaluations, and other information related to online learning. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1135 (iii) Promote and distribute the most current instructional design standards and guidelines for online teaching. (iv) In collaboration with the department and interested colleges and universities in this state, support implementation and improvements related to effective digital learning instruction. (v) Pursue public/private partnerships that include districts to study and implement competency-based technology-rich online learning models. (vi) CREATE A STATEWIDE NETWORK OF SCHOOL-BASED MENTORS SERVING AS LIAISONS BETWEEN PUPILS, ONLINE INSTRUCTORS, PARENTS, AND SCHOOL STAFF AND PROVIDE MENTORS WITH RESEARCH-BASED TRAINING AND TECHNICAL ASSISTANCE DESIGNED TO HELP MORE PUPILS BE SUCCESSFUL ONLINE LEARNERS. (vii) (vi) Convene focus groups and conduct annual surveys of teachers, administrators, pupils, parents, and others to identify barriers and opportunities related to online learning. (viii) (vii) Produce an annual consumer awareness report for schools and parents about effective online education providers and education delivery models, performance data, cost structures, and research trends. (ix) (viii) Research and establish an internet-based platform that educators can use to create student-centric learning tools and resources and facilitate a user network that assists educators in using the platform. As part of this initiative, the Michigan virtual university shall work collaboratively with districts and intermediate districts to establish a plan to make available online resources that align to Michigan’s K-12 curriculum standards for use by students, educators, and parents. (x) (ix) Create and maintain a public statewide catalog of online learning courses being offered by all public schools AND COMMUNITY COLLEGES in this state. The Michigan virtual learning research institute VIRTUAL LEARNING RESEARCH INSTITUTE shall identify and develop a list of nationally recognized best practices for online learning and use this list to support reviews of online course vendors, courses, and instructional practices. The Michigan virtual learning research institute VIRTUAL LEARNING RESEARCH INSTITUTE shall also provide a mechanism for intermediate districts to use the identified best practices to review content offered by constituent districts. The Michigan virtual learning research institute VIRTUAL LEARNING RESEARCH INSTITUTE shall review the online course offerings of the Michigan virtual university, VIRTUAL UNIVERSITY, and make the results from these reviews available to the public as part of the statewide catalog. The Michigan virtual learning research institute VIRTUAL LEARNING RESEARCH INSTITUTE shall ensure that the statewide catalog is made available to the public on the Michigan virtual university VIRTUAL UNIVERSITY website and shall allow the ability to link it to each district’s website as provided for in section 21f. Beginning in 2014-2015, the THE statewide catalog shall also contain all of the following: (A) The number of enrollments in each online course in the immediately preceding school year. (B) The number of enrollments that earned 60% or more of the total course points for each online course in the immediately preceding school year. (C) The completion rate for each online course. (xi) (x) Collaborate with key stakeholders to examine the need and process for incorporating DEVELOP PROTOTYPE AND PILOT registration, payment services, and transcript functionality to the statewide catalog AND TRAIN KEY STAKEHOLDERS ON HOW TO USE NEW FEATURES. (xii) (xi) Collaborate with key stakeholders to examine district level accountability and teacher effectiveness issues related to online learning under section 21f and make findings and recommendations publicly available. (3) In order for the Michigan virtual university to receive any funds allocated under this section, the TO FURTHER ENHANCE ITS EXPERTISE AND LEADERSHIP IN DIGITAL LEARNING, THE MICHIGAN VIRTUAL UNIVERSITY SHALL CONTINUE TO OPERATE THE MICHIGAN VIRTUAL SCHOOL AS A STATEWIDE LABORATORY AND QUALITY MODEL OF INSTRUCTION BY IMPLEMENTING ONLINE AND BLENDED LEARNING SOLUTIONS FOR MICHIGAN SCHOOLS IN ACCORDANCE WITH THE FOLLOWING PARAMETERS: (A) THE Michigan virtual school VIRTUAL SCHOOL must maintain its accreditation status from recognized national and international accrediting entities. (B) THE MICHIGAN VIRTUAL UNIVERSITY SHALL USE NO MORE THAN $1,000,000.00 OF THE AMOUNT ALLOCATED UNDER THIS SECTION TO SUBSIDIZE THE COST PAID BY DISTRICTS FOR ONLINE COURSES. (C) IN PROVIDING EDUCATORS RESPONSIBLE FOR THE TEACHING OF ONLINE COURSES AS PROVIDED FOR IN THIS SECTION, THE MICHIGAN VIRTUAL SCHOOL SHALL FOLLOW THE REQUIRE­ MENTS TO REQUEST AND ASSESS, AND THE DEPARTMENT OF STATE POLICE SHALL PROVIDE, A CRIMINAL HISTORY CHECK AND CRIMINAL RECORDS CHECK UNDER SECTIONS 1230 AND 1230A OF THE REVISED SCHOOL CODE, MCL 380.1230 AND 380.1230A, IN THE SAME MANNER AS IF THE MICHIGAN VIRTUAL SCHOOL WERE A SCHOOL DISTRICT UNDER THOSE SECTIONS. (4) If the course offerings are included in the statewide catalog of online courses under subsection (2)(b)(ix), the Michigan virtual school VIRTUAL SCHOOL operated by the Michigan virtual university VIRTUAL UNIVERSITY may offer online course offerings, including, but not limited to, all of the following: (a) Information technology courses. (b) College level equivalent courses, as defined in section 1471 of the revised school code, MCL 380.1471. 1136 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (c) Courses and dual enrollment opportunities. (d) Programs and services for at-risk pupils. (e) General education development test preparation courses for adjudicated youth. (f) Special interest courses. (g) Professional development programs for teachers, school administrators, other school employees, and school board members. (5) If a home-schooled or nonpublic school student is a resident of a district that subscribes to services provided by the Michigan virtual school, VIRTUAL SCHOOL, the student may use the services provided by the Michigan virtual school VIRTUAL SCHOOL to the district without charge to the student beyond what is charged to a district pupil using the same services. (6) Not later than December 1 of each fiscal year, the Michigan virtual university VIRTUAL UNIVERSITY shall provide a report to the house and senate appropriations subcommittees on state school aid, the state budget director, the house and senate fiscal agencies, and the department that includes at least all of the following information related to the Michigan virtual school VIRTUAL SCHOOL for the preceding state fiscal year: (a) A list of the districts served by the Michigan virtual school.VIRTUAL SCHOOL. (b) A list of online course titles available to districts. (c) The total number of online course enrollments and information on registrations and completions by course. (d) The overall course completion rate percentage. (7) The governor may appoint an advisory group for the Michigan virtual learning research institute VIRTUAL LEARNING RESEARCH INSTITUTE established under subsection (2). The members of the advisory group shall serve at the pleasure of the governor and shall serve without compensation. The purpose of the advisory group is to make recommendations to the governor, the legislature, and the president and board of the Michigan virtual university VIRTUAL UNIVERSITY that will accelerate innovation in this state’s education system in a manner that will prepare elementary and secondary students to be career and college ready and that will promote the goal of increasing the percentage of citizens of this state with high-quality degrees and credentials to at least 60% by 2025. (8) Not later than November 1, 2014, 2015, the Michigan virtual university VIRTUAL UNIVERSITY shall submit to the house and senate appropriations subcommittees on state school aid, the state budget director, and the house and senate fiscal agencies a detailed budget for the 2014-2015 2015-2016 fiscal year that includes a breakdown on its projected costs to deliver online educational services to districts and a summary of the anticipated fees to be paid by districts for those services. Beginning in 2013-2014, not NOT later than February 1, MARCH 1 EACH YEAR, the Michigan virtual university VIRTUAL UNIVERSITY shall submit to the house and senate appropriations subcommittees on state school aid, the state budget director, and the house and senate fiscal agencies a breakdown on its actual costs to deliver online educational services to districts and a summary of the actual fees paid by districts for those services based on audited financial statements for the immediately preceding fiscal year. (9) As used in this section: (a) “Blended learning” means a hybrid instructional delivery model where pupils are provided content, instruction, and assessment, in part at a supervised educational facility away from home where the pupil and a teacher with a valid Michigan teaching certificate are in the same physical location and in part through internet-connected INTERNET-CONNECTED learning environments with some degree of pupil control over time, location, and pace of instruction. (b) “Cyber school” means a full-time instructional program of online courses for pupils that may or may not require attendance at a physical school location. (c) “Digital learning” means instruction delivered via a web-based educational delivery system that uses various information technologies to provide a structured learning environment, including online and blended learning instructional methods. (d) “Online course” means a course of study that is capable of generating a credit or a grade, that is provided in an interactive internet-connected learning environment, in which pupils are separated from their teachers by time or location, or both, and in which a teacher who holds a valid Michigan teaching certificate is responsible for PROVIDING INSTRUCTION, determining appropriate instructional methods for each pupil, diagnosing learning needs, assessing pupil learning, prescribing intervention strategies, reporting outcomes, and evaluating the effects of instruction and support strategies. SEC. 99C. FROM THE APPROPRIATION IN SECTION 11, THERE IS ALLOCATED FROM THE GENERAL FUND AN AMOUNT NOT TO EXCEED $60,000.00 FOR 2015-2016 FOR THE PURPOSE OF CIVIC EDUCATION AS DESCRIBED IN THIS SECTION. THE DEPARTMENT SHALL ESTABLISH A COMPETITIVE GRANT PROCESS THAT AWARDS FUNDING TO NOT MORE THAN 1 PROVIDER FOR THE DELIVERY OF PROGRAMS THAT EXEMPLIFY BEST PRACTICES IN CIVIC EDUCATION. THE PROGRAMS SHALL TEACH UPPER ELEMENTARY, MIDDLE, AND HIGH SCHOOL PUPILS HOW TO PARTICIPATE RESPONSIBLY IN LOCAL AND STATE GOVERNMENT, AND SHALL PROVIDE UPPER ELEMENTARY, MIDDLE, AND HIGH SCHOOL PUPILS WITH AN INNOVATIVE COURSE OF INSTRUCTION ON THE HISTORY AND PRINCIPLES OF UNITED STATES CONSTITUTIONAL DEMOCRACY. THE GRANTEE ALSO SHALL PROVIDE SUPPORT TO ALL SCHOOLS IN THIS STATE BEYOND THOSE TARGETED FOR INTENSIVE PROGRAMMING FUNDED UNDER THIS SECTION THROUGH ITS WEBSITE, CONDUCT PRESENTATIONS AT STATEWIDE CONFERENCES, AND CONDUCT PRESENTATIONS AT DISTRICTS AND INTERMEDIATE DISTRICTS. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1137 Sec. 99h. (1) From the appropriation in section 11, there is allocated an amount not to exceed $2,000,000.00 for 2014-2015 2015-2016 for competitive grants to districts that provide pupils in grades 7 to 12 with expanded opportunities to improve mathematics, science, and technology skills by participating in events hosted by a science and technology development program known as FIRST (for inspiration and recognition of science and technology) robotics. (2) A district applying for a FIRST tech challenge or FIRST robotics competition program grant shall submit an application in a form and manner determined by the department. To be eligible for a grant, a district shall demonstrate in its application that the district has established a partnership for the purposes of the FIRST program with at least 1 sponsor, business entity, higher education institution, or technical school, shall submit a spending plan, and shall pay at least 25% of the cost of the FIRST robotics program. (3) The department shall distribute the grant funding under this section for the following purposes: (a) Grants to districts to pay for stipends of $1,500.00 for 1 coach per team, distributed as follows: (i) Not more than 500 stipends for coaches of high school teams, including existing teams. (ii) Not more than 100 stipends for coaches of middle school or junior high teams, including existing teams. (iii) If the requests for stipends exceed the numbers of stipends allowed under subparagraphs (i) and (ii), and if there is funding remaining unspent under subdivisions (b) and (c), the department shall use that remaining unspent funding for grants to districts to pay for additional stipends in a manner that expands the geographical distribution of teams. (b) Grants to districts for event registrations, materials, travel costs, and other expenses associated with the preparation for and attendance at FIRST tech challenge and FIRST robotics competitions. Each grant recipient shall provide a local match from other private or local funds for the funds received under this subdivision equal to at least 50% of the costs of participating in an event. The department shall set maximum grant amounts under this subdivision in a manner that maximizes the number of teams that will be able to receive funding. (c) Grants to districts for awards to teams that advance to the state and world championship competitions. The department shall determine an equal amount per team for those teams that advance to the state championship and a second equal award amount to those teams that advance to the world championship. (4) The funds allocated under this section are a work project appropriation, and any unexpended funds for 2014-2015 2015‑2016 are carried forward into 2015-2016. 2016-2017. The purpose of the work project is to continue to implement the projects described under subsection (1). The estimated completion date of the work project is September 30, 2017.2018. SEC. 99S. (1) FROM THE FUNDS APPROPRIATED UNDER SECTION 11, THERE IS ALLOCATED FOR 2015‑2016 AN AMOUNT NOT TO EXCEED $3,250,000.00 FROM THE STATE SCHOOL AID FUND APPROPRIATION AND AN AMOUNT NOT TO EXCEED $775,000.00 FROM THE GENERAL FUND APPROPRIATION FOR MICHIGAN SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS (MISTEM) PROGRAMS. IN ADDITION, FROM THE FEDERAL FUNDS APPROPRIATED IN SECTION 11, THERE IS ALLOCATED FOR 2015-2016 AN AMOUNT ESTIMATED AT $5,249,300.00 FROM DED-OESE, TITLE II, MATHEMATICS AND SCIENCE PARTNERSHIP GRANTS. (2) FROM THE GENERAL FUND ALLOCATION IN SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $50,000.00 TO THE DEPARTMENT FOR ADMINISTRATIVE AND TRAVEL COSTS RELATED TO THE MISTEM ADVISORY COUNCIL. ALL OF THE FOLLOWING APPLY TO THE MISTEM ADVISORY COUNCIL FUNDED UNDER THIS SUBSECTION: (A) THE MISTEM ADVISORY COUNCIL IS CREATED. THE MISTEM ADVISORY COUNCIL SHALL PROVIDE TO THE GOVERNOR, LEGISLATURE, DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT, AND DEPARTMENT RECOMMENDATIONS DESIGNED TO IMPROVE AND PROMOTE INNOVATION IN STEM EDUCATION AND PREPARE STUDENTS FOR CAREERS IN SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS. (B) THE MISTEM ADVISORY COUNCIL CREATED UNDER SUBDIVISION (A) SHALL CONSIST OF THE FOLLOWING MEMBERS: (i) THE GOVERNOR SHALL APPOINT 11 VOTING MEMBERS WHO ARE REPRESENTATIVE OF BUSINESS SECTORS THAT ARE IMPORTANT TO MICHIGAN’S ECONOMY AND RELY ON A STEMEDUCATED WORKFORCE, NONPROFIT ORGANIZATIONS AND ASSOCIATIONS THAT PROMOTE STEM EDUCATION, K-12 AND POSTSECONDARY EDUCATION ENTITIES INVOLVED IN STEM-RELATED CAREER EDUCATION, OR OTHER SECTORS AS CONSIDERED APPROPRIATE BY THE GOVERNOR. EACH OF THESE MEMBERS SHALL SERVE AT THE PLEASURE OF THE GOVERNOR AND FOR A TERM DETERMINED BY THE GOVERNOR. (ii) THE SENATE MAJORITY LEADER SHALL APPOINT 2 MEMBERS OF THE SENATE TO SERVE AS NONVOTING, EX-OFFICIO MEMBERS OF THE MISTEM ADVISORY COUNCIL, INCLUDING 1 MAJORITY PARTY MEMBER AND 1 MINORITY PARTY MEMBER. (iii) THE SPEAKER OF THE HOUSE OF REPRESENTATIVES SHALL APPOINT 2 MEMBERS OF THE HOUSE OF REPRESENTATIVES TO SERVE AS NONVOTING, EX-OFFICIO MEMBERS OF THE MISTEM ADVISORY COUNCIL, INCLUDING 1 MAJORITY PARTY MEMBER AND 1 MINORITY PARTY MEMBER. (C) EACH MEMBER OF THE MISTEM ADVISORY COUNCIL SHALL SERVE WITHOUT COMPENSATION. 1138 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (D) THE MISTEM ADVISORY COUNCIL SHALL RECOMMEND A STATEWIDE STRATEGY FOR DELIVERING STEM EDUCATION-RELATED OPPORTUNITIES TO PUPILS AND OBJECTIVE CRITERIA FOR DETERMINING PREFERRED STEM PROGRAMS. THE MISTEM ADVISORY COUNCIL ALSO SHALL MAKE FUNDING RECOMMENDATIONS TO THE GOVERNOR, LEGISLATURE, AND DEPARTMENT FOR FUNDING PROGRAMS UNDER THIS SECTION FOR 2016-2017 NOT LATER THAN MARCH 1, 2016, INCLUDING, BUT NOT LIMITED TO, RECOMMENDATIONS CONCERNING FUNDING FOR THE STEM PROGRAMS FUNDED UNDER THIS SECTION FOR 2015-2016, AND SHALL CONTINUE TO MAKE FUNDING RECOMMENDATIONS ANNUALLY THEREAFTER. (E) THE MISTEM ADVISORY COUNCIL SHALL WORK WITH DIRECTORS OF MATHEMATICS AND SCIENCE CENTERS FUNDED UNDER SUBSECTION (3) TO CONNECT EDUCATORS WITH BUSINESSES, WORKFORCE DEVELOPERS, ECONOMIC DEVELOPERS, COMMUNITY COLLEGES, AND UNIVERSITIES. (3) FROM THE STATE SCHOOL AID FUND ALLOCATION UNDER SUBSECTION (1), THERE IS ALLOCATED FOR 2015-2016 AN AMOUNT NOT TO EXCEED $2,750,000.00 TO SUPPORT THE ACTIVITIES AND PROGRAMS OF MATHEMATICS AND SCIENCE CENTERS. IN ADDITION, FROM THE FEDERAL FUNDS ALLOCATED UNDER SUBSECTION (1), THERE IS ALLOCATED FOR 2015-2016 AN AMOUNT ESTIMATED AT $5,249,300.00 FROM DED-OESE, TITLE II, MATHEMATICS AND SCIENCE PARTNERSHIP GRANTS, FOR THE PURPOSES OF THIS SUBSECTION. ALL OF THE FOLLOWING APPLY TO THE PROGRAMS AND FUNDING UNDER THIS SUBSECTION: (A) WITHIN A SERVICE AREA DESIGNATED LOCALLY, APPROVED BY THE DEPARTMENT, AND CONSISTENT WITH THE COMPREHENSIVE MASTER PLAN FOR MATHEMATICS AND SCIENCE CENTERS DEVELOPED BY THE DEPARTMENT AND APPROVED BY THE STATE BOARD, AN ESTABLISHED MATHEMATICS AND SCIENCE CENTER SHALL PROVIDE 2 OR MORE OF THE FOLLOWING 6 BASIC SERVICES, AS DESCRIBED IN THE MASTER PLAN, TO CONSTITUENT DISTRICTS AND COMMUNITIES: LEADERSHIP, PUPIL SERVICES, CURRICULUM SUPPORT, COMMUNITY INVOLVEMENT, PROFESSIONAL DEVELOPMENT, AND RESOURCE CLEARINGHOUSE SERVICES. (B) THE DEPARTMENT SHALL NOT AWARD A STATE GRANT UNDER THIS SUBSECTION TO MORE THAN 1 MATHEMATICS AND SCIENCE CENTER LOCATED IN A DESIGNATED REGION AS PRESCRIBED IN THE 2007 MASTER PLAN UNLESS EACH OF THE GRANTS SERVES A DISTINCT TARGET POPULATION OR PROVIDES A SERVICE THAT DOES NOT DUPLICATE ANOTHER PROGRAM IN THE DESIGNATED REGION. (C) AS PART OF THE TECHNICAL ASSISTANCE PROCESS, THE DEPARTMENT SHALL PROVIDE MINIMUM STANDARD GUIDELINES THAT MAY BE USED BY THE MATHEMATICS AND SCIENCE CENTER FOR PROVIDING FAIR ACCESS FOR QUALIFIED PUPILS AND PROFESSIONAL STAFF AS PRESCRIBED IN THIS SUBSECTION. (D) ALLOCATIONS UNDER THIS SUBSECTION TO SUPPORT THE ACTIVITIES AND PROGRAMS OF MATHEMATICS AND SCIENCE CENTERS SHALL BE CONTINUING SUPPORT GRANTS TO ALL 33 ESTABLISHED MATHEMATICS AND SCIENCE CENTERS. FOR 2015-2016, EACH ESTABLISHED MATHEMATICS AND SCIENCE CENTER THAT WAS FUNDED FOR 2014-2015 UNDER FORMER SECTION 99 SHALL RECEIVE STATE FUNDING IN AN AMOUNT EQUAL TO 100% OF THE AMOUNT IT WAS ALLOCATED UNDER FORMER SECTION 99 FOR 2014-2015. IF A CENTER DECLINES STATE FUNDING OR A CENTER CLOSES, THE REMAINING MONEY AVAILABLE UNDER THIS SUBSECTION SHALL BE DISTRIBUTED TO THE REMAINING CENTERS, AS DETERMINED BY THE DEPARTMENT. (E) FROM THE FUNDS ALLOCATED UNDER THIS SUBSECTION, THE DEPARTMENT SHALL DISTRIBUTE FOR 2015-2016 AN AMOUNT NOT TO EXCEED $750,000.00 IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT TO THOSE CENTERS ABLE TO PROVIDE CURRICULUM AND PROFESSIONAL DEVELOPMENT SUPPORT TO ASSIST DISTRICTS IN IMPLEMENTING THE MICHIGAN MERIT CURRICULUM COMPONENTS FOR MATHEMATICS AND SCIENCE. FUNDING UNDER THIS SUBDIVISION IS IN ADDITION TO FUNDING ALLOCATED UNDER SUBDIVISION (D). (F) IN ORDER TO RECEIVE STATE OR FEDERAL FUNDS UNDER THIS SUBSECTION, A GRANT RECIPIENT SHALL ALLOW ACCESS FOR THE DEPARTMENT OR THE DEPARTMENT’S DESIGNEE TO AUDIT ALL RECORDS RELATED TO THE PROGRAM FOR WHICH IT RECEIVES THOSE FUNDS. THE GRANT RECIPIENT SHALL REIMBURSE THE STATE FOR ALL DISALLOWANCES FOUND IN THE AUDIT. (G) NOT LATER THAN SEPTEMBER 30, 2018, THE DEPARTMENT SHALL REEVALUATE AND UPDATE THE COMPREHENSIVE MASTER PLAN DESCRIBED IN SUBDIVISION (A). (H) THE DEPARTMENT SHALL GIVE PREFERENCE IN AWARDING THE FEDERAL GRANTS ALLOCATED UNDER THIS SUBSECTION TO ELIGIBLE EXISTING MATHEMATICS AND SCIENCE CENTERS. (I) IN ORDER TO RECEIVE STATE FUNDS UNDER THIS SUBSECTION, A GRANT RECIPIENT SHALL PROVIDE AT LEAST A 10% LOCAL MATCH FROM LOCAL PUBLIC OR PRIVATE RESOURCES FOR THE FUNDS RECEIVED UNDER THIS SUBSECTION. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1139 (J) NOT LATER THAN JULY 1 OF EACH YEAR, A MATHEMATICS AND SCIENCE CENTER THAT RECEIVES FUNDS UNDER THIS SUBSECTION SHALL REPORT TO THE DEPARTMENT IN A FORM AND MANNER PRESCRIBED BY THE DEPARTMENT ON THE FOLLOWING PERFORMANCE MEASURES: (i) STATISTICAL CHANGE IN PRE- AND POST-ASSESSMENT SCORES FOR STUDENTS WHO ENROLLED IN MATHEMATICS AND SCIENCE ACTIVITIES PROVIDED TO DISTRICTS BY THE MATHEMATICS AND SCIENCE CENTER. (ii) STATISTICAL CHANGE IN PRE- AND POST-ASSESSMENT SCORES FOR TEACHERS WHO ENROLLED IN PROFESSIONAL DEVELOPMENT ACTIVITIES PROVIDED BY THE MATHEMATICS AND SCIENCE CENTER. (K) AS USED IN THIS SUBSECTION: (i) “DED” MEANS THE UNITED STATES DEPARTMENT OF EDUCATION. (ii) “DED-OESE” MEANS THE DED OFFICE OF ELEMENTARY AND SECONDARY EDUCATION. (4) FROM THE GENERAL FUND MONEY ALLOCATED UNDER SUBSECTION (1), THERE IS ALLOCATED FOR 2015-2016 AN AMOUNT NOT TO EXCEED $100,000.00 TO THE MICHIGAN STEM PARTNERSHIP, TO BE USED TO ADMINISTER THE GRANT PROCESS UNDER THIS SUBSECTION. FROM THE GENERAL FUND MONEY ALLOCATED IN SUBSECTION (1), THERE IS ALLOCATED FOR 2015-2016 AN AMOUNT NOT TO EXCEED $375,000.00 TO THE MICHIGAN STEM PARTNERSHIP TO BE USED FOR A COMPETITIVE GRANT PROCESS TO AWARD COMPETITIVE GRANTS TO ORGANIZATIONS CONDUCTING STUDENTFOCUSED, PROJECT-BASED PROGRAMS AND COMPETITIONS, EITHER IN THE CLASSROOM OR EXTRACURRICULAR, IN SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS SUBJECTS SUCH AS, BUT NOT LIMITED TO, ROBOTICS, CODING, AND DESIGN-BUILD-TEST PROJECTS, FROM PRE-KINDERGARTEN THROUGH COLLEGE LEVEL. ALL OF THE FOLLOWING APPLY TO THE GRANT FUNDING UNDER THIS SUBSECTION: (A) FUNDING UNDER THIS SUBSECTION IS IN ADDITION TO FUNDING ALLOCATED UNDER SUBSECTION (3) AND SHALL BE USED FOR CONNECTING MATHEMATICS AND SCIENCE CENTERS FOR SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS PURPOSES AND TO SUPPORT THE GOALS OF THE MICHIGAN STEM PARTNERSHIP. (B) A PROGRAM RECEIVING FUNDS UNDER SECTION 99H MAY NOT RECEIVE FUNDS UNDER THIS SUBSECTION. (C) IN ORDER TO RECEIVE STATE FUNDS UNDER THIS SUBSECTION, A GRANT RECIPIENT SHALL PROVIDE AT LEAST A 10% LOCAL MATCH FROM LOCAL PUBLIC OR PRIVATE RESOURCES FOR THE FUNDS RECEIVED UNDER THIS SUBSECTION. (5) FROM THE FUNDS ALLOCATED UNDER SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $250,000.00 FOR 2015-2016 ONLY FOR GRANTS TO DISTRICTS TO SUPPORT PROFESSIONAL DEVELOPMENT FOR TEACHERS IN A DEPARTMENT-APPROVED TRAINING PROGRAM FOR SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS (STEM) INSTRUCTION. ALL OF THE FOLLOWING APPLY TO THE GRANT FUNDING UNDER THIS SUBSECTION: (A) ANY DISTRICT MAY APPLY FOR FUNDING UNDER THIS SUBSECTION FOR 2015-2016 BY A DATE DETERMINED BY THE DEPARTMENT. IN AWARDING GRANTS, THE DEPARTMENT SHALL GIVE PRIORITY, IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT, TO APPLICANT DISTRICTS WITH TEACHERS WHO HAVE NOT PREVIOUSLY RECEIVED TRAINING IN PROGRAMS FUNDED UNDER THIS SUBSECTION OR FORMER SECTION 99B. (B) FOR A TRAINING PROGRAM TO BE APPROVED BY THE DEPARTMENT FOR THE PURPOSES OF THIS SUBSECTION, THE PROGRAM SHALL MEET ALL OF THE FOLLOWING CRITERIA: (i) UTILIZE AN INTEGRATIVE STEM APPROACH TO CONTENT ORGANIZATION AND DELIVERY. THE INTEGRATIVE STEM APPROACH SHALL INCLUDE CONTENT DERIVED FROM SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS. (ii) OFFER EVIDENCE THAT THE PROGRAM OUTCOMES ADDRESS MATHEMATICS, SCIENCE, AND TECHNOLOGICAL LITERACY STANDARDS IN AN EXPLORATORY MIDDLE SCHOOL OR HIGH SCHOOL OFFERING. (iii) OFFER EVIDENCE THAT THE PROGRAM POSITIVELY INFLUENCES STUDENT CAREER CHOICES ALONG STEM CAREER PATHS AND INCREASES STUDENT ENGAGEMENT THROUGH PEER-REVIEWED RESEARCH. (iv) PRESENT EVIDENCE OF THE PERIODIC UPDATING OF THE CURRICULUM. (v) UTILIZE OUTCOME MEASURES FOR TEACHER PROFESSIONAL DEVELOPMENT. (vi) PROVIDE PEER-REVIEWED EVIDENCE THAT THE PROGRAM IS EFFECTIVE WITH DISADVAN­ TAGED STUDENTS AND THOSE WITH LANGUAGE BARRIERS. (C) THE DEPARTMENT SHALL AWARD GRANTS TO DISTRICTS IN AN AMOUNT DETERMINED BY THE DEPARTMENT, BUT NOT TO EXCEED $3,200.00 PER PARTICIPANT. 1140 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (D) A DISTRICT RECEIVING FUNDS UNDER THIS SUBSECTION SHALL USE THE FUNDS ONLY FOR DEPARTMENT-APPROVED TRAINING PROGRAMS UNDER THIS SUBSECTION. (6) FROM THE ALLOCATIONS UNDER SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $250,000.00 FOR 2015-2016 ONLY FOR COMPETITIVE GRANTS TO DISTRICTS THAT PROVIDE PUPILS IN GRADES K TO 12 WITH EXPANDED OPPORTUNITIES IN SCIENCE EDUCATION AND SKILLS BY PARTICIPATING IN EVENTS AND COMPETITIONS HOSTED BY SCIENCE OLYMPIAD. ALL OF THE FOLLOWING APPLY TO THE GRANT FUNDING UNDER THIS SUBSECTION: (A) A DISTRICT APPLYING FOR A GRANT UNDER THIS SUBSECTION SHALL SUBMIT AN APPLICATION IN THE FORM AND MANNER DETERMINED BY THE DEPARTMENT NOT LATER THAN NOVEMBER 15, 2015. THE DEPARTMENT SHALL SELECT DISTRICTS FOR GRANTS AND MAKE NOTIFICATION NOT LATER THAN DECEMBER 15, 2015. TO BE ELIGIBLE FOR A GRANT, A DISTRICT SHALL PAY AT LEAST 25% OF THE COST OF PARTICIPATING IN THE SCIENCE OLYMPIAD PROGRAM. (B) THE DEPARTMENT SHALL DISTRIBUTE THE GRANT FUNDING ALLOCATED UNDER THIS SUBSECTION FOR THE FOLLOWING PURPOSES: (i) GRANTS TO DISTRICTS OF UP TO $800.00 FOR NEW ELEMENTARY TEAMS. (ii) GRANTS TO DISTRICTS OF UP TO $400.00 FOR ESTABLISHED ELEMENTARY TEAMS. (iii) GRANTS TO DISTRICTS OF UP TO $1,600.00 FOR NEW SECONDARY TEAMS. (iv) GRANTS TO DISTRICTS OF UP TO $800.00 FOR ESTABLISHED SECONDARY TEAMS. (7) FROM THE GENERAL FUND ALLOCATION UNDER SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $250,000.00 FOR 2015-2016 ONLY FOR A GRANT TO THE VAN ANDEL EDUCATION INSTITUTE FOR THE PURPOSES OF ADVANCING AND PROMOTING SCIENCE EDUCATION AND INCREASING THE NUMBER OF STUDENTS WHO CHOOSE TO PURSUE CAREERS IN SCIENCE OR SCIENCE-RELATED FIELDS. FUNDS ALLOCATED UNDER THIS SUBSECTION SHALL BE USED TO PROVIDE PROFESSIONAL DEVELOPMENT FOR SCIENCE TEACHERS IN USING STUDENT-DRIVEN, INQUIRY-BASED INSTRUCTION. Sec. 101. (1) To be eligible to receive state aid under this article, not later than the fifth Wednesday after the pupil membership count day and not later than the fifth Wednesday after the supplemental count day, each district superintendent shall submit to the center and the intermediate superintendent, in the form and manner prescribed by the center, the number of pupils enrolled and in regular daily attendance in the district as of the pupil membership count day and as of the supplemental count day, as applicable, for the current school year. In addition, a district maintaining school during the entire year, as provided under section 1561 of the revised school code, MCL 380.1561, shall submit to the center and the intermediate superintendent, in the form and manner prescribed by the center, the number of pupils enrolled and in regular daily attendance in the district for the current school year pursuant to rules promulgated by the superintendent. Not later than the sixth Wednesday after the pupil membership count day and not later than the sixth Wednesday after the supplemental count day, the district shall certify the data in a form and manner prescribed by the center and file the certified data with the intermediate superintendent. If a district fails to submit and certify the attendance data, as required under this subsection, the center shall notify the department and state aid due to be distributed under this article shall be withheld from the defaulting district immediately, beginning with the next payment after the failure and continuing with each payment until the district complies with this subsection. If a district does not comply with this subsection by the end of the fiscal year, the district forfeits the amount withheld. A person who willfully falsifies a figure or statement in the certified and sworn copy of enrollment shall be punished in the manner prescribed by section 161. (2) To be eligible to receive state aid under this article, not later than the twenty-fourth Wednesday after the pupil membership count day and not later than the twenty-fourth Wednesday after the supplemental count day, an intermediate district shall submit to the center, in a form and manner prescribed by the center, the audited enrollment and attendance data for the pupils of its constituent districts and of the intermediate district. If an intermediate district fails to submit the audited data as required under this subsection, state aid due to be distributed under this article shall be withheld from the defaulting intermediate district immediately, beginning with the next payment after the failure and continuing with each payment until the intermediate district complies with this subsection. If an intermediate district does not comply with this subsection by the end of the fiscal year, the intermediate district forfeits the amount withheld. (3) Except as otherwise provided in subsections (11) and (12), all of the following apply to the provision of pupil instruction: (a) Except as otherwise provided in this section, each district shall provide at least 1,098 hours and, beginning in 2010-2011, the required minimum number of days of pupil instruction. Beginning in 2014-2015, the required minimum number of days of pupil instruction is 175. However, all of the following apply to these requirements: (i) If a collective bargaining agreement that provides a complete school calendar was in effect for employees of a district as of July 1, 2013, and if that school calendar is not in compliance with this subsection, then this subsection does not apply to that district until after the expiration of that collective bargaining agreement. If a district entered into a collective bargaining agreement on or after July 1, 2013 and if that collective bargaining agreement did not provide for at least 175 days of pupil instruction beginning in 2014-2015, then the department shall withhold from the district’s total state school aid an amount equal to 5% of the funding the district receives in 2014-2015 under sections 22a and 22b. (ii) A district may apply for a waiver under subsection (9) from the requirements of this subdivision. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1141 (b) Beginning in 2016-2017, the required minimum number of days of pupil instruction is 180. If a collective bargaining agreement that provides a complete school calendar was in effect for employees of a district as of the effective date of the amendatory act that added this subdivision, and if that school calendar is not in compliance with this subdivision, then this subdivision does not apply to that district until after the expiration of that collective bargaining agreement. A district may apply for a waiver under subsection (9) from the requirements of this subdivision. (c) Except as otherwise provided in this article, a district failing to comply with the required minimum hours and days of pupil instruction under this subsection shall forfeit from its total state aid allocation an amount determined by applying a ratio of the number of hours or days the district was in noncompliance in relation to the required minimum number of hours and days under this subsection. Not later than August 1, the board of each district shall certify to the department the number of hours and days of pupil instruction in the previous school year. If the district did not provide at least the required minimum number of hours and days of pupil instruction under this subsection, the deduction of state aid shall be made in the following fiscal year from the first payment of state school aid. A district is not subject to forfeiture of funds under this subsection for a fiscal year in which a forfeiture was already imposed under subsection (6). (d) Hours or days lost because of strikes or teachers’ conferences shall not be counted as hours or days of pupil instruction. (e) If a collective bargaining agreement that provides a complete school calendar is in effect for employees of a district as of October 19, 2009, and if that school calendar is not in compliance with this subsection, then this subsection does not apply to that district until after the expiration of that collective bargaining agreement. (f) Except as otherwise provided in subdivisions (g) and (h), a district not having at least 75% of the district’s membership in attendance on any day of pupil instruction shall receive state aid in that proportion of 1/180 that the actual percent of attendance bears to the specified percentage. (g) If a district adds 1 or more days of pupil instruction to the end of its instructional calendar for a school year to comply with subdivision (a) because the district otherwise would fail to provide the required minimum number of days of pupil instruction even after the operation of subsection (4) due to conditions not within the control of school authorities, then subdivision (f) does not apply for any day of pupil instruction that is added to the end of the instructional calendar. Instead, for any of those days, if the district does not have at least 60% of the district’s membership in attendance on that day, the district shall receive state aid in that proportion of 1/180 that the actual percentage of attendance bears to the specified percentage. For any day of pupil instruction added to the instructional calendar as described in this subdivision, the district shall report to the department the percentage of the district’s membership that is in attendance, in the form and manner prescribed by the department. (h) At the request of a district that operates a department-approved alternative education program and that does not provide instruction for pupils in all of grades K to 12, the superintendent may SHALL grant a waiver from the requirements of subdivision (f). The waiver shall indicate that an eligible district is subject to the proration provisions of subdivision (f) only if the district does not have at least 50% of the district’s membership in attendance on any day of pupil instruction. In order to be eligible for this waiver, a district must maintain records to substantiate its compliance with the following requirements: (i) The district offers the minimum hours of pupil instruction as required under this section. (ii) For each enrolled pupil, the district uses appropriate academic assessments to develop an individual education plan that leads to a high school diploma. (iii) The district tests each pupil to determine academic progress at regular intervals and records the results of those tests in that pupil’s individual education plan. (i) All of the following apply to a waiver granted under subdivision (h): (i) If the waiver is for a blended model of delivery, a waiver that is granted for the 2011-2012 fiscal year or a subsequent fiscal year remains in effect unless it is revoked by the superintendent. (ii) If the waiver is for a 100% online model of delivery and the educational program for which the waiver is granted makes educational services available to pupils for a minimum of at least 1,098 hours during a school year and ensures that each pupil participates in the educational program for at least 1,098 hours during a school year, a waiver that is granted for the 2011-2012 fiscal year or a subsequent fiscal year remains in effect unless it is revoked by the superintendent. (iii) A waiver that is not a waiver described in subparagraph (i) or (ii) is valid for 1 fiscal year and must be renewed annually to remain in effect. (j) The superintendent shall promulgate rules for the implementation of this subsection. (4) Except as otherwise provided in this subsection, the first 6 days or the equivalent number of hours for which pupil instruction is not provided because of conditions not within the control of school authorities, such as severe storms, fires, epidemics, utility power unavailability, water or sewer failure, or health conditions as defined by the city, county, or state health authorities, shall be counted as hours and days of pupil instruction. With the approval of the superintendent of public instruction, the department shall count as hours and days of pupil instruction for a fiscal year not more than 6 3 additional days or the equivalent number of additional hours for which pupil instruction is not provided in a district after April 1 of the applicable school year due to unusual and extenuating occurrences resulting from conditions not within the control of school authorities such as those conditions described in this subsection. Subsequent such hours or days shall not be counted as hours or days of pupil instruction. (5) A district shall not forfeit part of its state aid appropriation because it adopts or has in existence an alternative scheduling program for pupils in kindergarten if the program provides at least the number of hours required under subsection (3) for a fulltime equated membership for a pupil in kindergarten as provided under section 6(4). 1142 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (6) In addition to any other penalty or forfeiture under this section, if at any time the department determines that 1 or more of the following have occurred in a district, the district shall forfeit in the current fiscal year beginning in the next payment to be calculated by the department a proportion of the funds due to the district under this article that is equal to the proportion below the required minimum number of hours and days of pupil instruction under subsection (3), as specified in the following: (a) The district fails to operate its schools for at least the required minimum number of hours and days of pupil instruction under subsection (3) in a school year, including hours and days counted under subsection (4). (b) The board of the district takes formal action not to operate its schools for at least the required minimum number of hours and days of pupil instruction under subsection (3) in a school year, including hours and days counted under subsection (4). (7) In providing the minimum number of hours and days of pupil instruction required under subsection (3), a district shall use the following guidelines, and a district shall maintain records to substantiate its compliance with the following guidelines: (a) Except as otherwise provided in this subsection, a pupil must be scheduled for at least the required minimum number of hours of instruction, excluding study halls, or at least the sum of 90 hours plus the required minimum number of hours of instruction, including up to 2 study halls. (b) The time a pupil is assigned to any tutorial activity in a block schedule may be considered instructional time, unless that time is determined in an audit to be a study hall period. (c) Except as otherwise provided in this subdivision, a pupil in grades 9 to 12 for whom a reduced schedule is determined to be in the individual pupil’s best educational interest must be scheduled for a number of hours equal to at least 80% of the required minimum number of hours of pupil instruction to be considered a full-time equivalent pupil. A pupil in grades 9 to 12 who is scheduled in a 4-block schedule may receive a reduced schedule under this subsection if the pupil is scheduled for a number of hours equal to at least 75% of the required minimum number of hours of pupil instruction to be considered a full-time equivalent pupil. (d) If a pupil in grades 9 to 12 who is enrolled in a cooperative education program or a special education pupil cannot receive the required minimum number of hours of pupil instruction solely because of travel time between instructional sites during the school day, that travel time, up to a maximum of 3 hours per school week, shall be considered to be pupil instruction time for the purpose of determining whether the pupil is receiving the required minimum number of hours of pupil instruction. However, if a district demonstrates to the satisfaction of the department that the travel time limitation under this subdivision would create undue costs or hardship to the district, the department may consider more travel time to be pupil instruction time for this purpose. (e) In grades 7 through 12, instructional time that is part of a junior reserve officer training corps (JROTC) program shall be considered to be pupil instruction time regardless of whether the instructor is a certificated teacher if all of the following are met: (i) The instructor has met all of the requirements established by the United States department of defense DEPARTMENT OF DEFENSE and the applicable branch of the armed services for serving as an instructor in the junior reserve officer training corps program. (ii) The board of the district or intermediate district employing or assigning the instructor complies with the requirements of sections 1230 and 1230a of the revised school code, MCL 380.1230 and 380.1230a, with respect to the instructor to the same extent as if employing the instructor as a regular classroom teacher. (8) Except as otherwise provided in subsections (11) and (12), the department shall apply the guidelines under subsection (7) in calculating the full-time equivalency of pupils. (9) Upon application by the district for a particular fiscal year, the superintendent may SHALL waive for a district the minimum number of hours and days of pupil instruction requirement of subsection (3) for a department-approved alternative education program or another innovative program approved by the department, including a 4-day school week. If a district applies for and receives a waiver under this subsection and complies with the terms of the waiver, the district is not subject to forfeiture under this section for the specific program covered by the waiver. If the district does not comply with the terms of the waiver, the amount of the forfeiture shall be calculated based upon a comparison of the number of hours and days of pupil instruction actually provided to the minimum number of hours and days of pupil instruction required under subsection (3). Pupils enrolled in a department-approved alternative education program under this subsection shall be reported to the center in a form and manner determined by the center. All of the following apply to a waiver granted under this subsection: (a) If the waiver is for a blended model of delivery, a waiver that is granted for the 2011-2012 fiscal year or a subsequent fiscal year remains in effect unless it is revoked by the superintendent. (b) If the waiver is for a 100% online model of delivery and the educational program for which the waiver is granted makes educational services available to pupils for a minimum of at least 1,098 hours during a school year and ensures that each pupil participates in the educational program for at least 1,098 hours during a school year, IS ON TRACK FOR COURSE COMPLETION AT PROFICIENCY LEVEL, a waiver that is granted for the 2011-2012 fiscal year or a subsequent fiscal year remains in effect unless it is revoked by the superintendent. (c) A waiver that is not a waiver described in subdivision (a) or (b) is valid for 1 fiscal year and must be renewed annually to remain in effect. (10) Until 2014-2015, a district may count up to 38 hours of qualifying professional development for teachers as hours of pupil instruction. However, if a collective bargaining agreement that provides for the counting of up to 38 hours of qualifying No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1143 professional development for teachers as pupil instruction is in effect for employees of a district as of July 1, 2013, then until the school year that begins after the expiration of that collective bargaining agreement a district may count up to the contractually specified number of hours of qualifying professional development for teachers as hours of pupil instruction. Professional development provided online is allowable and encouraged, as long as the instruction has been approved by the district. The department shall issue a list of approved online professional development providers, which shall include the Michigan virtual school. VIRTUAL SCHOOL. As used in this subsection, “qualifying professional development” means professional development that is focused on 1 or more of the following: (a) Achieving or improving adequate yearly progress as defined under the no child left behind act of 2001, Public Law 107‑110. (b) Achieving accreditation or improving a school’s accreditation status under section 1280 of the revised school code, MCL 380.1280. (c) Achieving highly qualified teacher status as defined under the no child left behind act of 2001, Public Law 107-110. (d) Integrating technology into classroom instruction. (e) Maintaining teacher certification. (11) Subsections (3) and (8) do not apply to a school of excellence that is a cyber school, as defined in section 551 of the revised school code, MCL 380.551, and is in compliance with section 553a of the revised school code, MCL 380.553a. (12) Subsections (3) and (8) do not apply to eligible pupils enrolled in a dropout recovery program that meets the requirements of section 23a. As used in this subsection, “eligible pupil” means that term as defined in section 23a. (13) Beginning in 2013, at least every 2 years the superintendent shall review the waiver standards set forth in the pupil accounting and auditing manuals to ensure that the waiver standards and waiver process continue to be appropriate and responsive to changing trends in online learning. The superintendent shall solicit and consider input from stakeholders as part of this review. SEC. 102D. (1) FROM THE FUNDS APPROPRIATED IN SECTION 11, THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $1,500,000.00 FOR 2015-2016 FOR REIMBURSEMENTS TO DISTRICTS FOR THE LICENSING OF SCHOOL DATA ANALYTICAL TOOLS AS DESCRIBED UNDER THIS SECTION. THE REIMBURSEMENT IS FOR DISTRICTS THAT CHOOSE TO USE A SCHOOL DATA ANALYTICAL TOOL TO ASSIST THE DISTRICT AND THAT ENTER INTO A LICENSING AGREEMENT FOR A SCHOOL DATA ANALYTICAL TOOL WITH 1 OF THE VENDORS APPROVED BY THE DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET UNDER SUBSECTION (2). (2) NOT LATER THAN OCTOBER 15, 2015, THE DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET SHALL REVIEW VENDORS FOR SCHOOL DATA ANALYTICAL TOOLS AND PROVIDE DISTRICTS WITH A LIST OF AT LEAST 2 AND UP TO 4 APPROVED VENDORS THAT DISTRICTS MAY USE TO BE ELIGIBLE FOR A REIMBURSEMENT PAID UNDER THIS SECTION. FOR A VENDOR TO BE APPROVED UNDER THIS SECTION, THE DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET MUST DETERMINE THAT THE SCHOOL DATA ANALYTICAL TOOL SUPPLIED BY THE VENDOR MEETS AT LEAST ALL OF THE FOLLOWING: (A) ANALYZES FINANCIAL DATA. (B) ANALYZES ACADEMIC DATA. (C) PROVIDES EARLY WARNING INDICATORS OF FINANCIAL STRESS. (D) HAS THE CAPABILITY TO PROVIDE PEER DISTRICT COMPARISONS OF BOTH FINANCIAL AND ACADEMIC DATA. (E) HAS THE CAPABILITY TO PROVIDE FINANCIAL PROJECTIONS FOR AT LEAST 3 SUBSEQUENT FISCAL YEARS. (3) FUNDS ALLOCATED UNDER THIS SECTION SHALL BE PAID TO DISTRICTS AS A REIMBURSEMENT FOR ALREADY HAVING A LICENSING AGREEMENT OR FOR ENTERING INTO A LICENSING AGREEMENT NOT LATER THAN DECEMBER 1, 2015 WITH A VENDOR APPROVED UNDER SUBSECTION (2) TO IMPLEMENT A SCHOOL DATA ANALYTICAL TOOL. REIMBURSEMENT UNDER THIS SECTION SHALL BE MADE ON AN EQUAL PER-PUPIL BASIS. (4) NOTWITHSTANDING SECTION 17B, PAYMENTS UNDER THIS SECTION SHALL BE MADE ON A SCHEDULE DETERMINED BY THE DEPARTMENT. Sec. 104. (1) In order to receive state aid under this article, a district shall comply with sections 1249, 1278a, 1278b, 1279, 1279g, and 1280b of the revised school code, MCL 380.1249, 380.1278a, 380.1278b, 380.1279, 380.1279g, and 380.1280b, and 1970 PA 38, MCL 388.1081 to 388.1086. Subject to subsection (2), from the state school aid fund money appropriated in section 11, there is allocated for 2014-2015 2015-2016 an amount not to exceed $41,394,400.00 $43,994,400.00 for payments on behalf of districts for costs associated with complying with those provisions of law. In addition, from the federal funds appropriated in section 11, there is allocated for 2014-2015 2015-2016 an amount estimated at $6,250,000.00, funded from DED-OESE, title VI, state assessment funds, and from DED-OSERS, section 504 of part B of the individuals with disabilities education act, Public Law 94-142, plus any carryover federal funds from previous year appropriations, for the purposes of complying with the federal no child left behind act of 2001, Public Law 107-110. 1144 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (2) The results of each test administered as part of the Michigan educational assessment program, STUDENT TEST OF EDUCATIONAL PROGRESS (M-STEP), including tests administered to high school students, shall include an item analysis that lists all items that are counted for individual pupil scores and the percentage of pupils choosing each possible response. (3) All federal funds allocated under this section shall be distributed in accordance with federal law and with flexibility provisions outlined in Public Law 107-116, and in the education flexibility partnership act of 1999, Public Law 106-25. (4) Notwithstanding section 17b, payments on behalf of districts, intermediate districts, and other eligible entities under this section shall be paid on a schedule determined by the department. (5) From the allocation in subsection (1), there is allocated an amount not to exceed $8,500,000.00 for the following purposes: (a) Converting existing student assessments to online assessments. (b) Providing paper and pencil test versions to districts not prepared to implement online assessments. (c) Expanding writing assessments to additional grade levels. (d) Providing an increased number of constructed response test questions so that pupils can demonstrate higher-order skills such as problem solving and communicating reasoning. (6) From the allocation in subsection (1), there is allocated an amount not to exceed $3,200,000.00 for the development or selection of an online reporting tool to provide student-level assessment data in a secure environment to educators, parents, and pupils immediately after assessments are scored. The department and the center shall ensure that any data collected by the online reporting tool do not provide individually identifiable student data to the federal government. (7) From the allocation in subsection (1), there is allocated an amount not to exceed $3,000,000.00 $5,600,000.00 for the purpose of implementing a summative assessment system pursuant to section 104c. (8) As used in this section: (a) “DED” means the United States department of education.DEPARTMENT OF EDUCATION. (b) “DED-OESE” means the DED office of elementary and secondary education.OFFICE OF ELEMENTARY AND SECONDARY EDUCATION. (c) “DED-OSERS” means the DED office of special education and rehabilitative services.OFFICE OF SPECIAL EDUCATION AND REHABILITATIVE SERVICES. Sec. 104b. (1) In order to receive state aid under this article, a district shall comply with this section and shall administer the Michigan merit examination to pupils in grade 11, and to pupils in grade 12 who did not take the complete Michigan merit examination in grade 11, as provided in this section. THE MICHIGAN MERIT EXAMINATION CONSISTS OF A COLLEGE ENTRANCE TEST, WORK SKILLS TEST, AND THE SUMMATIVE ASSESSMENT KNOWN AS THE MICHIGAN STUDENT TEST OF EDUCATIONAL PROGRESS (M-STEP). (2) For the purposes of this section, the department of technology, management, and budget shall contract with 1 or more providers to develop, supply, and score the Michigan merit examination. The Michigan merit examination shall consist of all of the following: (a) Assessment instruments that measure English language arts, mathematics, reading, and science, and are used by THE MAJORITY OF colleges and universities in this state for entrance or placement purposes. This shall MAY include 1 or more writing components. IN SELECTING ASSESSMENT INSTRUMENTS TO FULFILL THE REQUIREMENTS OF THIS SUBDIVISION, THE DEPARTMENT MAY CONSIDER THE DEGREE TO WHICH THOSE ASSESSMENT INSTRUMENTS ARE ALIGNED TO THIS STATE’S CONTENT STANDARDS. (b) One or more tests from 1 or more test developers that assess a pupil’s ability to apply at least reading and mathematics skills in a manner that is intended to allow employers to use the results in making employment decisions. The department of technology, management, and budget and the superintendent shall ensure that any test or tests selected under this subdivision have all the components necessary to allow a pupil to be eligible to receive the results of a nationally recognized evaluation of workforce readiness if the pupil’s test performance is adequate. (c) A social studies component. (d) Any other component that is necessary to obtain the approval of the United States department of education DEPARTMENT OF EDUCATION to use the Michigan merit examination for the purposes of the no child left behind act of 2001, Public Law 107-110. (3) In addition to all other requirements of this section, all of the following apply to the Michigan merit examination: (a) The department of technology, management, and budget and the superintendent shall ensure that any contractor used for scoring the Michigan merit examination supplies an individual report for each pupil that will identify for the pupil’s parents and teachers whether the pupil met expectations or failed to meet expectations for each standard, to allow the pupil’s parents and teachers to assess and remedy problems before the pupil moves to the next grade. (b) The department of technology, management, and budget and the superintendent shall ensure that any contractor used for scoring, developing, or processing the Michigan merit examination meets quality management standards commonly used in the assessment industry, including at least meeting level 2 of the capability maturity model developed by the software engineering institute of Carnegie Mellon university for the first year the Michigan merit examination is offered to all grade 11 pupils and at least meeting level 3 of the capability maturity model for subsequent years. (c) The department of technology, management, and budget and the superintendent shall ensure that any contract for scoring, administering, or developing the Michigan merit examination includes specific deadlines for all steps of the assessment process, No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1145 including, but not limited to, deadlines for the correct testing materials to be supplied to schools and for the correct results to be returned to schools, and includes penalties for noncompliance with these deadlines. (d) The superintendent shall ensure that the Michigan merit examination meets all of the following: (i) Is designed to test pupils on grade level content expectations or course content expectations, as appropriate, THIS STATE’S CONTENT STANDARDS in all subjects tested. (ii) Complies with requirements of the no child left behind act of 2001, Public Law 107-110. (iii) Is consistent with the code of fair testing practices in education prepared by the joint committee on testing practices of the American psychological association.JOINT COMMITTEE ON TESTING PRACTICES OF THE AMERICAN PSYCHOLOGICAL ASSOCIATION. (iv) Is factually accurate. If the superintendent determines that a question is not factually accurate and should be excluded from scoring, the state board and the superintendent shall ensure that the question is excluded from scoring. (4) A district shall include on each pupil’s high school transcript all of the following: (a) For each high school graduate who has completed the Michigan merit examination under this section, the pupil’s scaled score on each subject area component of the Michigan merit examination. (b) The number of school days the pupil was in attendance at school each school year during high school and the total number of school days in session for each of those school years. (5) The superintendent shall work with the provider or providers of the Michigan merit examination to produce Michigan merit examination subject area scores for each pupil participating in the Michigan merit examination. , including scaling and merging of test items for the different subject area components. TO THE EXTENT THAT THE DEPARTMENT DETERMINES THAT ADDITIONAL TEST ITEMS BEYOND THOSE INCLUDED IN THE COLLEGE ENTRANCE COMPONENT OF THE MICHIGAN MERIT EXAMINATION ARE REQUIRED IN A PARTICULAR SUBJECT AREA, THE DEPARTMENT SHALL ENSURE THAT ALL TEST ITEMS IN THAT SUBJECT AREA ARE SCALED AND MERGED FOR THE PURPOSES OF PRODUCING A MICHIGAN MERIT EXAMINATION SUBJECT AREA SCORE. The superintendent shall design and distribute to districts, intermediate districts, and nonpublic schools a simple and concise document that describes the scoring for each subject area and indicates the scaled score ranges for each subject area. (6) The Michigan merit examination shall be administered in each district during the last 12 weeks of the district’s school year. The superintendent shall ensure that the Michigan merit examination is scored and the scores are returned to pupils, their parents or legal guardians, and districts not later than the beginning of the pupil’s first semester of grade 12. The returned scores shall indicate at least the pupil’s scaled score for each subject area component and the range of scaled scores for each subject area. In reporting the scores to pupils, parents, and schools, the superintendent shall provide standards-specific, meaningful, and timely feedback on the pupil’s performance on the Michigan merit examination. (7) A district shall administer the complete Michigan merit examination to a pupil only once and shall not administer the complete Michigan merit examination to the same pupil more than once. If a pupil does not take the complete Michigan merit examination in grade 11, the district shall administer the complete Michigan merit examination to the pupil in grade 12. If a pupil chooses to retake the college entrance examination component of the Michigan merit examination, as described in subsection (2)(a), the pupil may do so through the provider of the college entrance examination component and the cost of the retake is the responsibility of the pupil unless all of the following are met: (a) The pupil has taken the complete Michigan merit examination. (b) The pupil did not qualify for a Michigan promise grant under section 6 of the Michigan promise grant act, 2006 PA 479, MCL 390.1626, based on the pupil’s performance on the complete Michigan merit examination. (B) (c) The pupil meets the income eligibility criteria for free breakfast, lunch, or milk, as determined under the Richard B. Russell national school lunch act, 42 USC 1751 to 1769i. (C) (d) The pupil has applied to the provider of the college entrance examination component for a scholarship or fee waiver to cover the cost of the retake and that application has been denied. (D) (e) After taking the complete Michigan merit examination, the pupil has not already received a free retake of the college entrance examination component paid for either by this state or through a scholarship or fee waiver by the provider. (8) The superintendent shall ensure that the length of the Michigan merit examination and the combined total time necessary to administer all of the components of the Michigan merit examination are the shortest possible that will still maintain the degree of reliability and validity of the Michigan merit examination results determined necessary by the superintendent. The superintendent shall ensure that the maximum total combined length of time that schools are required to set aside for pupils to answer all test questions on the Michigan merit examination does not exceed 8 hours if the superintendent determines that sufficient alignment to applicable Michigan merit curriculum content standards can be achieved within that time limit. (9) A district shall provide accommodations to a pupil with disabilities for the Michigan merit examination, as provided under section 504 of title V of the rehabilitation act of 1973, 29 USC 794; subtitle A of title II of the Americans with disabilities act of 1990, 42 USC 12131 to 12134; the individuals with disabilities education act amendments of 1997, Public Law 105‑17; and the implementing regulations for those statutes. The provider or providers of the Michigan merit examination and the superintendent shall mutually agree upon the accommodations to be provided under this subsection. (10) To the greatest extent possible, the Michigan merit examination shall be based on grade level content expectations or course content expectations, as appropriate. Not later than July 1, 2008, the department shall identify specific grade level 1146 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 content expectations to be taught before and after the middle of grade 11, so that teachers will know what content will be covered within the Michigan merit examination.THIS STATE’S CONTENT STANDARDS, AS APPROPRIATE. ANNUALLY, AFTER EACH ADMINISTRATION OF THE MICHIGAN MERIT EXAMINATION, THE DEPARTMENT SHALL PROVIDE A REPORT OF THE POINTS PER STANDARD SO THAT TEACHERS WILL KNOW WHAT CONTENT WILL BE COVERED WITHIN THE MICHIGAN MERIT EXAMINATION. THE DEPARTMENT MAY AUGMENT THE COLLEGE ENTRANCE AND WORK SKILLS COMPONENTS OF THE MICHIGAN MERIT EXAMINATION TO DEVELOP THE ASSESSMENT, DEPENDING ON THE ALIGNMENT OF THOSE COMPONENTS TO THIS STATE’S CONTENT STANDARDS. IF THESE COMPONENTS DO NOT ALIGN TO THESE STANDARDS, THE DEPARTMENT SHALL PRODUCE ADDITIONAL COMPONENTS AS REQUIRED BY LAW, WHILE MINIMIZING THE AMOUNT OF TIME NEEDED FOR ASSESSMENTS. (11) A child who is a student in a nonpublic school or home school may take the Michigan merit examination under this section. To take the Michigan merit examination, a child who is a student in a home school shall contact the district in which the child resides, and that district shall administer the Michigan merit examination, or the child may take the Michigan merit examination at a nonpublic school if allowed by the nonpublic school. Upon request from a nonpublic school, the superintendent shall direct the provider or providers to supply the Michigan merit examination to the nonpublic school and the nonpublic school may administer the Michigan merit examination. If a district administers the Michigan merit examination under this subsection to a child who is not enrolled in the district, the scores for that child are not considered for any purpose to be scores of a pupil of the district. (12) In contracting under subsection (2), the department of TECHNOLOGY, management, and budget shall consider a contractor that provides electronically-scored essays with the ability to score constructed response feedback in multiple languages and provide ongoing instruction and feedback. (13) The purpose of the Michigan merit examination is to assess pupil performance in mathematics, science, social studies, and English language arts for the purpose of improving academic achievement and establishing a statewide standard of competency. The assessment under this section provides a common measure of data that will contribute to the improvement of Michigan schools’ curriculum and instruction by encouraging alignment with Michigan’s curriculum framework standards and promotes pupil participation in higher level mathematics, science, social studies, and English language arts courses. These standards are based upon the expectations of what pupils should learn through high school and are aligned with national standards. (14) For a pupil enrolled in a middle college program, other than a middle college operated as a shared educational entity or a specialized shared educational entity, if the pupil receives at least 50% of his or her instruction at the high school while in grade 11, the Michigan merit examination shall be administered to the pupil at the high school at which the pupil receives high school instruction, and the department shall include the pupil’s scores on the Michigan merit examination in the scores for that high school for all purposes for which a school’s or district’s results are reported. The department shall allow the middle college program to use a 5-year graduation rate for determining adequate yearly progress. As used in this subsection, “middle college” means a program consisting of a series of courses and other requirements and conditions, including an early college or other program created under a memorandum of understanding, that allows a pupil to graduate from high school with both a high school diploma and a certificate or degree from a community college or state public university. (15) As used in this section: (a) “English language arts” means reading and writing. (b) “Social studies” means United States history, world history, world geography, economics, and American government. Sec. 104c. (1) In order to receive state aid under this article, a district shall administer the state assessments described in this section. (2) For the purposes of this section, the department shall develop for use in the spring of 2014-2015 new Michigan education assessment program (MEAP) 2015-2016 THE MICHIGAN STUDENT TEST OF EDUCATIONAL PROGRESS (M-STEP) assessments in English language arts and mathematics. These assessments shall be aligned to state standards. (3) For the purposes of this section, the department shall implement beginning in the 2015-2016 school year a summative assessment system that is proven to be valid and reliable for administration to pupils as provided under this subsection. The summative assessment system shall meet all of the following requirements: (a) The summative assessment system shall measure student proficiency on the current state standards, shall measure student growth for consecutive grade levels in which students are assessed in the same subject area in both grade levels, and shall be capable of measuring individual student performance. (b) The summative assessments for English language arts and mathematics shall be administered to all public school pupils in grades 3 to 10, 11, including those pupils as required by the federal individuals with disabilities education act, Public Law 108‑446, and by title I of the federal elementary and secondary education act. (c) The summative assessments for science shall be administered to all public school pupils in at least grades 4 and 7, including those pupils as required by the federal individuals with disabilities education act, Public Law 108-446, and by title I of the federal elementary and secondary education act. (d) The summative assessments for social studies shall be administered to all public school pupils in at least grades 5 and 8, including those pupils as required by the federal individuals with disabilities education act, Public Law 108-446, and by title I of the federal elementary and secondary education act. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1147 (e) The content of the summative assessments shall be aligned to state standards. (f) The pool of questions for the summative assessments shall be subject to a transparent review process for quality, bias, and sensitive issues involving educator review and comment. The department shall post samples from tests or retired tests featuring questions from this pool for review by the public. (g) The summative assessment system shall ensure that students, parents, and teachers are provided with reports that convey individual student proficiency and growth on the assessment and that convey individual student domain-level performance in each subject area, including representative questions, and individual student performance in meeting state standards. (h) The summative assessment system shall be capable of providing, and the department shall ensure that students, parents, teachers, administrators, and community members are provided with, reports that convey aggregate student proficiency and growth data by teacher, grade, school, and district. (i) The summative assessment system shall ensure the capability of reporting the available data to support educator evaluations. (j) The summative assessment system shall ensure that the reports provided to districts containing individual student data are available within 60 days after completion of the assessments. (k) The assessments shall be capable of being implemented statewide in a fully operational manner no later than the 2015‑2016 school year. (K) (l) The summative assessment system shall ensure that access to individually identifiable student data meets all of the following: (i) Is in compliance with 20 USC 1232g, commonly referred to as the family educational rights and privacy act of 1974. (ii) Except as may be provided for in an agreement with a vendor to provide assessment services, as necessary to support educator evaluations pursuant to subdivision (i), or for research or program evaluation purposes, is available only to the student; to the student’s parent or legal guardian; and to a school administrator or teacher, to the extent that he or she has a legitimate educational interest. (l) (m) The summative assessment system shall ensure that the assessments are pilot tested before statewide implementation. (M) (n) The summative assessment system shall ensure that assessments are designed so that the maximum total combined length of time that schools are required to set aside for a pupil to answer all test questions on all assessments that are part of the system for the pupil’s grade level does not exceed that maximum total combined length of time for the previous statewide assessment system or 9 hours, whichever is less. This subdivision does not limit the amount of time a district may allow a pupil to complete a test. (N) (o) The total cost of executing the summative assessment system statewide each year, including, but not limited to, the cost of contracts for administration, scoring, and reporting, shall not exceed an amount equal to 2 times the cost of executing the previous statewide assessment after adjustment for inflation. (4) To begin the process required under subsection (3), not later than September 1, 2014, the department shall issue a request for proposals for the summative assessment system described in that subsection.BEGINNING IN THE 2015-2016 SCHOOL YEAR, THE DEPARTMENT SHALL FIELD TEST ADDITIONAL COMPONENTS IN THE ASSESSMENT SYSTEM UNDER THIS SUBSECTION FOR FULL IMPLEMENTATION IN THE 2016-2017 SCHOOL YEAR. THE ADDITIONAL COMPONENTS ARE NECESSARY TO DETERMINE A PUPIL’S PROFICIENCY LEVEL BEFORE GRADE 3. THE ADDITIONAL COMPONENTS ARE AS FOLLOWS: (A) ASSESSMENTS ADMINISTERED IN THE FALL AND SPRING OF EACH YEAR TO MEASURE ENGLISH LANGUAGE ARTS AND MATHEMATICS IN EACH OF GRADES 1 AND 2. (B) THE KINDERGARTEN ENTRY ASSESSMENT (KEA), TO BE ADMINISTERED IN THE FALL OF THE KINDERGARTEN YEAR. THE KEA SHALL INCLUDE THE SAME COMPONENTS AS UNDER SUB­ DIVISION (A) AND ALSO MAY INCLUDE OBSERVATIONAL COMPONENTS THAT MEASURE COGNITIVE, SOCIAL-EMOTIONAL, AND PHYSICAL SKILLS. (5) This section does not prohibit districts from adopting interim assessments. (6) The department shall seek a waiver or amendment to an existing waiver for federal approval of the assessment framework under this section and shall notify the United States department of education about the provisions of this section and take necessary steps to assure the United States department of education that this state is on track to develop and implement a summative assessment system as required by federal law. (6) (7) As used in this section, “English language arts” means that term as defined in section 104b. SEC. 104D. (1) FROM THE STATE SCHOOL AID FUND MONEY APPROPRIATED IN SECTION 11, THERE IS ALLOCATED FOR 2015-2016 AN AMOUNT NOT TO EXCEED $4,000,000.00 FOR PROVIDING REIMBURSEMENT TO DISTRICTS THAT PURCHASE A COMPUTER-ADAPTIVE TEST FOR EACH PUPIL ENROLLED IN THE DISTRICT OR THAT PURCHASE 1 OR MORE DIAGNOSTIC TOOLS, SCREENING TOOLS, OR BENCHMARK ASSESSMENTS FOR PUPILS IN GRADES K TO 3 THAT ARE INTENDED TO INCREASE READING PROFICIENCY BY GRADE 4. (2) IN ORDER TO RECEIVE REIMBURSEMENT UNDER THIS SECTION FOR THE PURCHASE OF A COMPUTER-ADAPTIVE TEST, THE COMPUTER-ADAPTIVE TEST MUST PROVIDE FOR AT LEAST ALL OF THE FOLLOWING: (A) INTERNET-DELIVERED, STANDARDS-BASED ASSESSMENT USING A COMPUTER-ADAPTIVE MODEL TO TARGET THE INSTRUCTIONAL LEVEL OF EACH PUPIL. 1148 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (B) UNLIMITED TESTING OPPORTUNITIES THROUGHOUT THE 2015-2016 SCHOOL YEAR. (C) VALID AND RELIABLE DIAGNOSTIC ASSESSMENT DATA. (D) ADJUSTMENT OF TESTING DIFFICULTY BASED ON PREVIOUS ANSWERS TO TEST QUESTIONS. (E) IMMEDIATE FEEDBACK TO PUPILS AND TEACHERS. (3) IN ORDER TO RECEIVE REIMBURSEMENT UNDER THIS SECTION FOR THE PURCHASE OF 1 OR MORE DIAGNOSTIC TOOLS OR SCREENING TOOLS FOR PUPILS IN GRADES K TO 3, EACH OF THE TOOLS MUST MEET ALL OF THE FOLLOWING: (A) BE RELIABLE. (B) BE VALID. (C) BE USEFUL. AS USED IN THIS SUBDIVISION, “USEFUL” MEANS THAT A TOOL IS EASY TO ADMINISTER AND REQUIRES A SHORT TIME TO COMPLETE AND THAT RESULTS ARE LINKED TO INTERVENTION. (4) IN ORDER TO RECEIVE FUNDING UNDER THIS SECTION FOR THE PURCHASE OF 1 OR MORE BENCHMARK ASSESSMENTS FOR PUPILS IN GRADES K TO 3, EACH OF THE BENCHMARK ASSESSMENTS MUST MEET ALL OF THE FOLLOWING: (A) BE ALIGNED TO THE STATE STANDARDS OF THIS STATE. (B) COMPLEMENT THIS STATE’S SUMMATIVE ASSESSMENT SYSTEM. (C) BE ADMINISTERED AT LEAST ONCE A YEAR BEFORE THE ADMINISTRATION OF ANY SUMMATIVE ASSESSMENT TO MONITOR PUPIL PROGRESS. (D) PROVIDE INFORMATION ON PUPIL ACHIEVEMENT WITH REGARD TO LEARNING THE CONTENT REQUIRED IN A GIVEN YEAR OR GRADE SPAN. (5) REIMBURSEMENT UNDER THIS SECTION SHALL BE MADE TO ELIGIBLE DISTRICTS THAT PURCHASE A COMPUTER-ADAPTIVE TEST OR 1 OR MORE DIAGNOSTIC TOOLS, SCREENING TOOLS, OR BENCHMARK ASSESSMENTS DESCRIBED IN THIS SECTION BY OCTOBER 15, 2015 AND SHALL BE MADE ON AN EQUAL PER-PUPIL BASIS ACCORDING TO THE AVAILABLE FUNDING. (6) IN ORDER TO RECEIVE REIMBURSEMENT UNDER THIS SECTION, A DISTRICT SHALL DEMONSTRATE TO THE SATISFACTION OF THE DEPARTMENT THAT EACH QUALIFYING COMPUTERADAPTIVE TEST, DIAGNOSTIC TOOL, SCREENING TOOL, OR BENCHMARK ASSESSMENT WAS PURCHASED BY THE DISTRICT BY DECEMBER 1, 2015. Sec. 107. (1) From the appropriation in section 11, there is allocated an amount not to exceed $22,000,000.00 $25,000,000.00 for 2014-2015 2015-2016 for adult education programs authorized under this section. Funds EXCEPT AS OTHERWISE PROVIDED UNDER SUBSECTIONS (16) AND (18), FUNDS allocated under this section are restricted for adult education programs as authorized under this section only. A recipient of funds under this section shall not use those funds for any other purpose. (2) To be eligible for funding under this section, a program AN ELIGIBLE ADULT EDUCATION PROVIDER shall employ certificated teachers and qualified administrative staff and shall offer continuing education opportunities for teachers to allow them to maintain certification. (3) To be eligible to be a participant funded under this section, a person AN INDIVIDUAL shall be enrolled in an adult basic education program, an adult English as a second language program, a general educational development (G.E.D.) test preparation program, a job- or employment-related program, or a high school completion program, that meets the requirements of this section, and for which instruction is provided, and shall meet either of the following, as applicable: (a) If the individual has obtained a high school diploma or a general educational development (G.E.D.) certificate, the individual meets 1 of the following: (i) Is less than 20 years of age on September 1 of the school year and is enrolled in the Michigan career and technical institute. (i) (ii) Is less than 20 years of age on September 1 of the school year, is not attending an institution of higher education, and is enrolled in a job- or employment-related program through a referral by an employer or by a Michigan workforce agency. (ii) (iii) Is enrolled in an English as a second language program. (iii) (iv) Is enrolled in a high school completion program. (iv) IS 20 YEARS OF AGE ON SEPTEMBER 1 OF THE SCHOOL YEAR, IS ENROLLED IN AN ADULT BASIC EDUCATION PROGRAM, AND IS DETERMINED BY A DEPARTMENT-APPROVED ASSESSMENT, IN A FORM AND MANNER PRESCRIBED BY THE DEPARTMENT, TO BE BELOW GRADE 9 LEVEL IN READING OR MATHEMATICS, OR BOTH. (b) If the individual has not obtained a high school diploma or G.E.D. certificate, the individual meets 1 of the following: (i) Is at least 20 years of age on September 1 of the school year. (ii) Is at least 16 years of age on September 1 of the school year, has been permanently expelled from school under section 1311(2) or 1311a of the revised school code, MCL 380.1311 and 380.1311a, and has no appropriate alternative education program available through his or her district of residence. (4) BY APRIL 1 OF EACH FISCAL YEAR, THE INTERMEDIATE DISTRICTS WITHIN A PROSPERITY REGION OR SUBREGION SHALL DETERMINE WHICH INTERMEDIATE DISTRICT WILL SERVE AS THE No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1149 PROSPERITY REGION’S OR SUBREGION’S FISCAL AGENT FOR THE NEXT FISCAL YEAR AND SHALL NOTIFY THE DEPARTMENT IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT. THE DEPARTMENT SHALL APPROVE OR DISAPPROVE OF THE PROSPERITY REGION’S OR SUBREGION’S SELECTED FISCAL AGENT. From the funds allocated under subsection (1), an amount as determined under this subsection shall be allocated to each intermediate district serving as a fiscal agent for adult education programs in each of the 10 prosperity regions OR SUBREGIONS identified by the department. An intermediate district shall not use more than 5% of the funds allocated under this subsection for administration costs for serving as the fiscal agent. The department shall ensure that the funds allocated under this subsection for 2014-2015 will provide services in 2014-2015 to at least the same number of individuals as the number of individuals who were enrolled in programs funded under this section in 2013-2014. For BEGINNING IN 2014‑2015, 67% of the allocation provided to each intermediate district serving as a fiscal agent shall be based on the proportion of total funding formerly received by the adult education providers in that prosperity region OR SUBREGION in 2013‑2014, and 33% shall be allocated based on the factors in subdivisions (a), (b), and (c). For 2015-2016, 2016-2017, 33% of the allocation provided to each intermediate district serving as a fiscal agent shall be based upon the proportion of total funding formerly received by the adult education providers in that prosperity region in 2013-2014 and 67% of the allocation shall be based upon the factors in subdivisions (a), (b), and (c). For 2016-2017, BEGINNING IN 2017-2018, 100% of the allocation provided to each intermediate district serving as a fiscal agent shall be based on the factors in subdivisions (a), (b), and (c). The funding factors for this section are as follows: (a) Sixty percent of this portion of the funding shall be distributed based upon the proportion of the state population of individuals between the ages of 18 and 24 that are not high school graduates that resides in each of the prosperity regions OR SUBREGIONS, as reported by the most recent 5-year estimates from the American community survey (ACS) from the United States census bureau.CENSUS BUREAU. (b) Thirty-five percent of this portion of the funding shall be distributed based upon the proportion of the state population of individuals age 25 or older who are not high school graduates that resides in each of the prosperity regions OR SUBREGIONS, as reported by the most recent 5-year estimates from the American community survey (ACS) from the United States census bureau.CENSUS BUREAU. (c) Five percent of this portion of the funding shall be distributed based upon the proportion of the state population of individuals age 18 or older who lack basic English language proficiency that resides in each of the prosperity regions OR SUBREGIONS, as reported by the most recent 5-year estimates from the American community survey (ACS) from the United States census bureau.CENSUS BUREAU. (5) To be an eligible fiscal agent, an intermediate district must agree to do the following in a form and manner determined by the department: (a) Distribute funds to adult education programs in a prosperity region OR SUBREGION as described in this section. (b) Collaborate with education advisory groups THE TALENT DISTRICT CAREER COUNCIL, WHICH IS AN ADVISORY COUNCIL of the workforce development boards located in the prosperity region OR SUBREGION, OR ITS SUCCESSOR, to develop a regional strategy that aligns adult education programs and services into an efficient and effective delivery system for adult education learners, WITH SPECIAL CONSIDERATION FOR PROVIDING CONTEXTUALIZED LEARNING AND CAREER PATHWAYS. (c) Collaborate with education advisory groups THE TALENT DISTRICT CAREER COUNCIL, WHICH IS AN ADVISORY COUNCIL of the workforce development boards located in the prosperity region OR SUBREGION, OR ITS SUCCESSOR, to create a local process and criteria that will identify eligible adult education providers to receive funds allocated under this section based on location, demand for services, PAST PERFORMANCE, QUALITY INDICATORS AS IDENTIFIED BY THE DEPARTMENT, and cost to provide instructional services. All THE FISCAL AGENT SHALL DETERMINE ALL local processes, criteria, and provider determinations. HOWEVER, THE LOCAL PROCESSES, CRITERIA, AND PROVIDER SERVICES must be approved by the department before funds may be distributed to the fiscal agent. (D) PROVIDE OVERSIGHT TO ITS ADULT EDUCATION PROVIDERS THROUGHOUT THE PROGRAM YEAR TO ENSURE COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION. (E) (d) Report adult education program and participant data and information as prescribed by the department. (6) The amount allocated under this section per full-time equated participant shall not exceed $2,850.00 for a 450-hour program. The amount shall be proportionately reduced for a program offering less than 450 hours of instruction. (7) An adult basic education program or an adult English as a second language program operated on a year-round or school year basis may be funded under this section, subject to all of the following: (a) The program enrolls adults who are determined by a department-approved assessment, in a form and manner prescribed by the department, to be below ninth grade level in reading or mathematics, or both, or to lack basic English proficiency. (b) The program tests individuals for eligibility under subdivision (a) before enrollment and upon completion of the program in compliance with the state-approved assessment policy. (c) A participant in an adult basic education program is eligible for reimbursement until 1 of the following occurs: (i) The participant’s reading and mathematics proficiency are assessed at or above the ninth grade level. (ii) The participant fails to show progress on 2 successive assessments after having completed at least 450 hours of instruction. 1150 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (d) A funding recipient enrolling a participant in an English as a second language program is eligible for funding according to subsection (11) until the participant meets 1 of the following: (i) The participant is assessed as having attained basic English proficiency as determined by a department-approved assessment. (ii) The participant fails to show progress on 2 successive department-approved assessments after having completed at least 450 hours of instruction. The department shall provide information to a funding recipient regarding appropriate assessment instruments for this program. (8) A general educational development (G.E.D.) test preparation program operated on a year-round or school year basis may be funded under this section, subject to all of the following: (a) The program enrolls adults who do not have a high school diploma. (b) The program shall administer a pre-test approved by the department before enrolling an individual to determine the individual’s literacy levels, shall administer a G.E.D. practice test to determine the individual’s potential for success on the G.E.D. test, and shall administer a post-test upon completion of the program in compliance with the state-approved assessment policy. (c) A funding recipient shall receive funding according to subsection (11) for a participant, and a participant may be enrolled in the program until 1 of the following occurs: (i) The participant obtains the G.E.D. (ii) The participant fails to show progress on 2 successive department-approved assessments used to determine readiness to take the G.E.D. test after having completed at least 450 hours of instruction. (9) A high school completion program operated on a year-round or school year basis may be funded under this section, subject to all of the following: (a) The program enrolls adults who do not have a high school diploma. (b) The program tests participants described in subdivision (a) before enrollment and upon completion of the program in compliance with the state-approved assessment policy. (c) A funding recipient shall receive funding according to subsection (11) for a participant in a course offered under this subsection until 1 of the following occurs: (i) The participant passes the course and earns a high school diploma. (ii) The participant fails to earn credit in 2 successive semesters or terms in which the participant is enrolled after having completed at least 900 hours of instruction. (10) A job- or employment-related adult education program operated on a year-round or school year basis may be funded under this section, subject to all of the following: (a) The program enrolls adults referred by their employer who are less than 20 years of age, have a high school diploma, are determined to be in need of remedial mathematics or communication arts skills, and are not attending an institution of higher education. (b) The program tests participants described in subdivision (a) before enrollment and upon completion of the program in compliance with the department-approved assessment policy. (c) An individual may be enrolled in this program and the grant recipient shall receive funding according to subsection (11) until 1 of the following occurs: (i) The individual achieves the requisite skills as determined by department-approved assessment instruments. (ii) The individual fails to show progress on 2 successive assessments after having completed at least 450 hours of instruction. (11) A funding recipient shall receive payments under this section in accordance with the following: (a) Seventy-five EIGHTY percent for enrollment of eligible participants. (b) Twenty-five TWENTY percent for participant completion of the adult basic education objectives by achieving an educational gain as determined by the national reporting system levels; for achieving basic English proficiency, AS DETERMINED BY THE DEPARTMENT; for obtaining a G.E.D. or passage of 1 or more individual G.E.D. tests; for attainment of a high school diploma or passage of a course required for a participant to attain a high school diploma; for enrollment in a postsecondary institution, or for entry into or retention of employment, as applicable. (12) A person who is not eligible to be a participant funded under this section may receive adult education services upon the payment of tuition. In addition, a person who is not eligible to be served in a program under this section due to the program limitations specified in subsection (7), (8), (9), or (10) may continue to receive adult education services in that program upon the payment of tuition. The tuition level shall be determined by the local or intermediate district conducting the program. (13) An individual who is an inmate in a state correctional facility shall not be counted as a participant under this section. (14) A funding recipient shall not commingle money received under this section or from another source for adult education purposes with any other funds and shall establish a separate ledger account for funds received under this section. This subsection does not prohibit a district from using general funds of the district to support an adult education or community education program. (15) A funding recipient receiving funds under this section may establish a sliding scale of tuition rates based upon a participant’s family income. A funding recipient may charge a participant tuition to receive adult education services under this section from that sliding scale of tuition rates on a uniform basis. The amount of tuition charged per participant shall not No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1151 exceed the actual operating cost per participant minus any funds received under this section per participant. A funding recipient may not charge a participant tuition under this section if the participant’s income is at or below 200% of the federal poverty guidelines published by the United States department of health and human services.DEPARTMENT OF HEALTH AND HUMAN SERVICES. (16) In order to receive funds under this section, a funding recipient shall furnish to the department, in a form and manner determined by the department, all information needed to administer this program and meet federal reporting requirements; shall allow the department or the department’s designee to review all records related to the program for which it receives funds; and shall reimburse the state for all disallowances found in the review, as determined by the department. IN ADDITION, A FUNDING RECIPIENT SHALL AGREE TO PAY TO A CAREER AND TECHNICAL EDUCATION PROGRAM UNDER SECTION 61A THE AMOUNT OF FUNDING RECEIVED UNDER THIS SECTION IN THE PROPORTION OF CAREER AND TECHNICAL EDUCATION COURSEWORK USED TO SATISFY ADULT BASIC EDUCATION PROGRAMMING, AS BILLED TO THE FUNDING RECIPIENT BY PROGRAMS OPERATING UNDER SECTION 61A. (17) All intermediate district participant audits of adult education programs shall be performed pursuant to the adult education participant auditing and accounting manuals published by the department. (18) FROM THE AMOUNT APPROPRIATED IN SUBSECTION (1), AN AMOUNT NOT TO EXCEED $500,000.00 SHALL BE ALLOCATED FOR 2015-2016 TO NOT MORE THAN 1 PILOT PROGRAM THAT IS LOCATED IN A PROSPERITY REGION WITH 2 OR MORE SUBREGIONS AND THAT CONNECTS ADULT EDUCATION PARTICIPANTS DIRECTLY WITH EMPLOYERS BY LINKING ADULT EDUCATION, CAREER AND TECHNICAL SKILLS, AND WORKFORCE DEVELOPMENT. TO BE ELIGIBLE FOR FUNDING UNDER THIS SUBSECTION, A PILOT PROGRAM SHALL PROVIDE A COLLABORATION LINKING ADULT EDUCATION PROGRAMS WITHIN THE COUNTY, THE AREA CAREER/TECHNICAL CENTER, AND LOCAL EMPLOYERS, AND SHALL MEET THE ADDITIONAL CRITERIA IN SUBSECTIONS (19) AND (20). FUNDING UNDER THIS SUBSECTION FOR 2015-2016 IS FOR THE FIRST OF 3 YEARS OF FUNDING. (19) A PILOT PROGRAM FUNDED UNDER SUBSECTION (18) SHALL REQUIRE ADULT EDUCATION STAFF TO WORK WITH MICHIGAN WORKS! TO IDENTIFY A COHORT OF PARTICIPANTS WHO ARE MOST PREPARED TO SUCCESSFULLY ENTER THE WORKFORCE. PARTICIPANTS IDENTIFIED UNDER THIS SUBSECTION SHALL BE DUALLY ENROLLED IN ADULT EDUCATION PROGRAMMING AND AT LEAST 1 TECHNICAL COURSE AT THE AREA CAREER/TECHNICAL CENTER. (20) A PILOT PROGRAM FUNDED UNDER SUBSECTION (18) SHALL HAVE ON STAFF AN ADULT EDUCATION NAVIGATOR WHO WILL SERVE AS A CASEWORKER FOR EACH PARTICIPANT IDENTIFIED UNDER SUBSECTION (19). THE NAVIGATOR SHALL WORK WITH ADULT EDUCATION STAFF AND POTENTIAL EMPLOYERS TO DESIGN AN EDUCATIONAL PROGRAM BEST SUITED TO THE PERSONAL AND EMPLOYMENT NEEDS OF THE PARTICIPANT, AND SHALL WORK WITH HUMAN SERVICE AGENCIES OR OTHER ENTITIES TO ADDRESS ANY BARRIER IN THE WAY OF PARTICIPANT ACCESS. (21) NOT LATER THAN DECEMBER 1, 2016, THE PILOT PROGRAM FUNDED UNDER SUBSECTION (18) SHALL PROVIDE TO THE SENATE AND HOUSE APPROPRIATIONS SUBCOMMITTEES ON SCHOOL AID AND TO THE SENATE AND HOUSE FISCAL AGENCIES A REPORT DETAILING NUMBER OF PARTICIPANTS, GRADUATION RATES, AND A MEASURE OF TRANSITIONING TO EMPLOYMENT. (22) THE DEPARTMENT SHALL DEVELOP AN APPLICATION PROCESS FOR A PILOT PROGRAM TO BE FUNDED UNDER SUBSECTION (18) AND SHALL AWARD FUNDING NOT LATER THAN NOVEMBER 1, 2015. FUNDING ALLOCATED UNDER SUBSECTION (18) MAY BE PAID ON A SCHEDULE OTHER THAN THAT SPECIFIED UNDER SECTION 17B. (23) (18) As used in this section: (A) “CAREER PATHWAY” MEANS A COMBINATION OF RIGOROUS AND HIGH-QUALITY EDUCATION, TRAINING, AND OTHER SERVICES THAT COMPLY WITH ALL OF THE FOLLOWING: (i) ALIGNS WITH THE SKILL NEEDS OF INDUSTRIES IN THE ECONOMY OF THIS STATE OR IN THE REGIONAL ECONOMY INVOLVED. (ii) PREPARES AN INDIVIDUAL TO BE SUCCESSFUL IN ANY OF A FULL RANGE OF SECONDARY OR POSTSECONDARY EDUCATION OPTIONS, INCLUDING APPRENTICESHIPS REGISTERED UNDER THE ACT OF AUGUST 16, 1937 (COMMONLY KNOWN AS THE “NATIONAL APPRENTICESHIP ACT”), 29 USC 50 ET SEQ. (iii) INCLUDES COUNSELING TO SUPPORT AN INDIVIDUAL IN ACHIEVING THE INDIVIDUAL’S EDUCATION AND CAREER GOALS. (iv) INCLUDES, AS APPROPRIATE, EDUCATION OFFERED CONCURRENTLY WITH AND IN THE SAME CONTEXT AS WORKFORCE PREPARATION ACTIVITIES AND TRAINING FOR A SPECIFIC OCCUPATION OR OCCUPATIONAL CLUSTER. (v) ORGANIZES EDUCATION, TRAINING, AND OTHER SERVICES TO MEET THE PARTICULAR NEEDS OF AN INDIVIDUAL IN A MANNER THAT ACCELERATES THE EDUCATIONAL AND CAREER ADVANCEMENT OF THE INDIVIDUAL TO THE EXTENT PRACTICABLE. 1152 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (vi) ENABLES AN INDIVIDUAL TO ATTAIN A SECONDARY SCHOOL DIPLOMA OR ITS RECOGNIZED EQUIVALENT, AND AT LEAST 1 RECOGNIZED POSTSECONDARY CREDENTIAL. (vii) HELPS AN INDIVIDUAL ENTER OR ADVANCE WITHIN A SPECIFIC OCCUPATION OR OCCUPATIONAL CLUSTER. (B) (a) “Department” means the Michigan strategic fund.DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT. (C) (b) “Eligible adult education provider” means a district, intermediate district, a consortium of districts, a consortium of intermediate districts, or a consortium of districts and intermediate districts that is identified as part of the local process described in subsection (5)(c) and approved by the department. (D) (c) “Participant” means the sum of the number of full-time equated individuals enrolled in and attending a departmentapproved adult education program under this section, using quarterly participant count days on the schedule described in section 6(7)(b). Sec. 147. (1) The allocation for 2014-2015 2015-2016 for the public school employees’ retirement system pursuant to the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1408, shall be made using the individual projected benefit entry age normal cost method of valuation and risk assumptions adopted by the public school employees retirement board and the department of technology, management, and budget. (2) The annual level percentage of payroll contribution rates for the 2014-2015 2015-2016 fiscal year, as determined by the retirement system, are estimated as follows: (a) For public school employees who first worked for a public school reporting unit before July 1, 2010 and who are enrolled in the health premium subsidy, the annual level percentage of payroll contribution rate is estimated at 33.41%, 36.31%, with 25.78% paid directly by the employer. (b) For public school employees who first worked for a public school reporting unit on or after July 1, 2010 and who are enrolled in the health premium subsidy, the annual level percentage of payroll contribution rate is estimated at 32.33%, 35.09%, with 24.70% 24.56% paid directly by the employer. (c) For public school employees who first worked for a public school reporting unit on or after July 1, 2010 and who participate in the personal healthcare fund, the annual level percentage of payroll contribution rate is estimated at 31.82%, 34.66%, with 24.19% 24.13% paid directly by the employer. (d) For public school employees who first worked for a public school reporting unit on or after September 4, 2012, who elect defined contribution, and who participate in the personal healthcare fund, the annual level percentage of payroll contribution rate is estimated at 28.59%, 31.49%, with 20.96% paid directly by the employer. (e) For public school employees who first worked for a public school reporting unit before July 1, 2010, who elect defined contribution, and who are enrolled in the health premium subsidy, the annual level percentage of payroll contribution rate is estimated at 29.10%, 31.92%, with 21.47% 21.39% paid directly by the employer. (f) For public school employees who first worked for a public school reporting unit before July 1, 2010, who elect defined contribution, and who participate in the personal healthcare fund, the annual level percentage of payroll contribution rate is estimated at 28.59%, 31.49%, with 20.96% paid directly by the employer. (g) For public school employees who first worked for a public school reporting unit before July 1, 2010 and who participate in the personal healthcare fund, the annual level percentage of payroll contribution rate is estimated at 32.90%, 35.88%, with 25.27% 25.35% paid directly by the employer. (3) In addition to the employer payments described in subsection (2), the employer shall pay the applicable contributions to the Tier 2 plan, as determined by the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1408. (4) The contribution rates in subsection (2) reflect an amortization period of 24 23 years for 2014-2015. 2015-2016. The public school employees’ retirement system board shall notify each district and intermediate district by February 28 of each fiscal year of the estimated contribution rate for the next fiscal year. Sec. 147a. From the appropriation in section 11, there is allocated for 2014-2015 2015-2016 an amount not to exceed $100,000,000.00 for payments to participating districts. A district that receives money under this section shall use that money solely for the purpose of offsetting a portion of the retirement contributions owed by the district for the fiscal year in which it is received. The amount allocated to each participating district under this section shall be based on each participating district’s percentage of the total statewide payroll for all participating districts for the immediately preceding fiscal year. As used in this section, “participating district” means a district that is a reporting unit of the Michigan public school employees’ retirement system under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1408, and that reports employees to the Michigan public school employees’ retirement system for the applicable fiscal year. Sec. 147c. (1) From the appropriation in section 11, there is allocated for 2014-2015 2015-2016 an amount not to exceed $658,400,000.00 $892,900,000.00 from the state school aid fund , and there is appropriated for 2014-2015 an amount not to exceed $18,000,000.00 from the MPSERS retirement obligation reform reserve fund, for payments to districts and intermediate districts that are participating entities of the Michigan public school employees’ retirement system. In addition, from the general fund money appropriated in section 11, there is allocated for 2014-2015 2015-2016 an amount not to exceed $500,000.00 $600,000.00 for payments to district libraries that are participating entities of the Michigan public school employees’ retirement system. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1153 (2) For 2014-2015, 2015-2016, the amounts allocated under subsection (1) are estimated to provide an average MPSERS rate cap per pupil amount of $449.00 $601.00 and are estimated to provide a rate cap per pupil for districts ranging between $4.00 and $2,056.00.$2,300.00. (3) Payments made under this section for 2014-2015 2015-2016 shall be equal to the difference between the unfunded actuarial accrued liability contribution rate as calculated pursuant to section 41 of the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341, as calculated without taking into account the maximum employer rate of 20.96% included in section 41 of the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341, and the maximum employer rate of 20.96% included in section 41 of the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341. (4) The amount allocated to each participating entity under this section shall be based on each participating entity’s proportion of the total covered payroll for the immediately preceding fiscal year for the same type of participating entities. A participating entity that receives funds under this section shall use the funds solely for the purpose of retirement contributions as specified in subsection (5). (5) Each participating entity receiving funds under this section shall forward an amount equal to the amount allocated under subsection (4) to the retirement system in a form, manner, and time frame determined by the retirement system. (6) Funds allocated under this section should be considered when comparing a district’s growth in total state aid funding from 1 fiscal year to the next. (7) Not later than October 20, 2014, DECEMBER 20, 2015, the department shall publish and post on its website an estimated MPSERS rate cap per pupil for each district. (8) As used in this section: (a) “MPSERS rate cap per pupil” means an amount equal to the quotient of the district’s payment under this section divided by the district’s pupils in membership. (b) “Participating entity” means a district, intermediate district, or district library that is a reporting unit of the Michigan public school employees’ retirement system under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437, and that reports employees to the Michigan public school employees’ retirement system for the applicable fiscal year. (c) “Retirement board” means the board that administers the retirement system under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437. (d) “Retirement system” means the Michigan public school employees’ retirement system under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437. Sec. 152a. (1) As required by the court in the consolidated cases known as Adair v State of Michigan, Michigan supreme court docket nos. 137424 and 137453, from the state school aid fund money appropriated in section 11 there is allocated for 2014-2015 2015-2016 an amount not to exceed $38,000,500.00 to be used solely for the purpose of paying necessary costs related to the state-mandated collection, maintenance, and reporting of data to this state. (2) From the allocation in subsection (1), the department shall make payments to districts and intermediate districts in an equal amount per-pupil based on the total number of pupils in membership in each district and intermediate district. The department shall not make any adjustment to these payments after the final installment payment under section 17b is made. Sec. 163. (1) Except as provided in the revised school code, the board of a district or intermediate district shall not permit any of the following: (a) A noncertificated teacher EDUCATOR to teach in an elementary or secondary school or in an adult basic education or high school completion program. (b) A noncertificated counselor EDUCATOR to provide counseling services to pupils in an elementary or secondary school or in an adult basic education or high school completion program. (C) A NONCERTIFICATED EDUCATOR TO ADMINISTER INSTRUCTIONAL PROGRAMS IN AN ELEMENTARY OR SECONDARY SCHOOL, OR IN AN ADULT BASIC EDUCATION OR HIGH SCHOOL COMPLETION PROGRAM, UNLESS THAT EDUCATOR IS FULFILLING APPLICABLE CONTINUING EDUCATION REQUIREMENTS. (2) Except as provided in the revised school code, a district or intermediate district employing teachers or counselors EDUCATORS not legally certificated OR LICENSED shall have deducted the sum equal to the amount paid the teachers or counselors EDUCATORS for the period of noncertificated, UNLICENSED, or illegal employment. Each intermediate superintendent shall notify the department of the name of the noncertificated teacher or counselor, OR UNLICENSED EDUCATOR, and the district employing that individual and the amount of salary the noncertificated teacher or counselor OR UNLICENSED EDUCATOR was paid within a constituent district. (3) If a school official is notified by the department that he or she is employing a nonapproved, noncertificated, teacher or counselor OR UNLICENSED EDUCATOR in violation of this section and knowingly continues to employ that teacher or counselor, EDUCATOR, the school official is guilty of a misdemeanor, punishable by a fine of $1,500.00 for each incidence. This penalty is in addition to all other financial penalties otherwise specified in this article. Sec. 201. (1) Subject to the conditions set forth in this article, the amounts listed in this section are appropriated for community colleges for the fiscal year ending September 30, 2015, 2016, from the funds indicated in this section. The following is a summary of the appropriations in this section: (a) The gross appropriation is $364,724,900.00. $387,825,600.00. After deducting total interdepartmental grants and intradepartmental transfers in the amount of $0.00, the adjusted gross appropriation is $364,724,900.00.$387,825,600.00. 1154 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (b) The sources of the adjusted gross appropriation described in subdivision (a) are as follows: (i) Total federal revenues, $0.00. (ii) Total local revenues, $0.00. (iii) Total private revenues, $0.00. (iv) Total other state restricted revenues, $364,724,900.00.$256,714,800.00. (v) State general fund/general purpose money, $0.00.$131,110,800.00. (2) Subject to subsection (3), the amount appropriated for community college operations is $307,191,300.00, $311,492,000.00, allocated as follows: (a) The appropriation for Alpena Community College is $5,390,700.00, $5,236,500.00 for operations and $154,200.00 for performance funding.$5,464,400.00, $5,390,700.00 FOR OPERATIONS AND $73,700.00 FOR PERFORMANCE FUNDING. (b) The appropriation for Bay de Noc Community College is $5,419,500.00, $5,279,300.00 for operations and $140,200.00 for performance funding.$5,490,200.00, $5,419,500.00 FOR OPERATIONS AND $70,700.00 FOR PERFORMANCE FUNDING. (c) The appropriation for Delta College is $14,498,900.00, $14,063,500.00 for operations and $435,400.00 for performance funding.$14,704,000.00, $14,498,900.00 FOR OPERATIONS AND $205,100.00 FOR PERFORMANCE FUNDING. (d) The appropriation for Glen Oaks Community College is $2,516,100.00, $2,441,500.00 for operations and $74,600.00 for performance funding.$2,551,100.00, $2,516,100.00 FOR OPERATIONS AND $35,000.00 FOR PERFORMANCE FUNDING. (e) The appropriation for Gogebic Community College is $4,451,400.00, $4,330,300.00 for operations and $121,100.00 for performance funding.$4,509,900.00, $4,451,400.00 FOR OPERATIONS AND $58,500.00 FOR PERFORMANCE FUNDING. (f) The appropriation for Grand Rapids Community College is $17,947,500.00, $17,454,900.00 for operations and $492,600.00 for performance funding.$18,187,300.00, $17,947,500.00 FOR OPERATIONS AND $239,800.00 FOR PERFORMANCE FUNDING. (g) The appropriation for Henry Ford Community College is $21,623,800.00, $21,060,000.00 for operations and $563,800.00 for performance funding.$21,893,300.00, $21,623,800.00 FOR OPERATIONS AND $269,500.00 FOR PERFORMANCE FUNDING. (h) The appropriation for Jackson College is $12,087,300.00, $11,758,200.00 for operations and $329,100.00 for performance funding.$12,245,300.00, $12,087,300.00 FOR OPERATIONS AND $158,000.00 FOR PERFORMANCE FUNDING. (i) The appropriation for Kalamazoo Valley Community College is $12,503,100.00, $12,122,500.00 for operations and $380,600.00 for performance funding.$12,689,400.00, $12,503,100.00 FOR OPERATIONS AND $186,300.00 FOR PERFORMANCE FUNDING. (j) The appropriation for Kellogg Community College is $9,813,500.00, $9,522,000.00 for operations and $291,500.00 for performance funding.$9,950,100.00, $9,813,500.00 FOR OPERATIONS AND $136,600.00 FOR PERFORMANCE FUNDING. (k) The appropriation for Kirtland Community College is $3,167,700.00, $3,055,700.00 for operations and $112,000.00 for performance funding.$3,221,500.00, $3,167,700.00 FOR OPERATIONS AND $53,800.00 FOR PERFORMANCE FUNDING. (l) The appropriation for Lake Michigan College is $5,342,900.00, $5,178,100.00 for operations and $164,800.00 for performance funding.$5,417,700.00, $5,342,900.00 FOR OPERATIONS AND $74,800.00 FOR PERFORMANCE FUNDING. (m) The appropriation for Lansing Community College is $30,877,600.00, $30,023,700.00 for operations and $853,900.00 for performance funding.$31,288,200.00, $30,877,600.00 FOR OPERATIONS AND $410,600.00 FOR PERFORMANCE FUNDING. (n) The appropriation for Macomb Community College is $32,816,600.00, $31,931,200.00 for operations and $885,400.00 for performance funding.$33,239,500.00, $32,816,600.00 FOR OPERATIONS AND $422,900.00 FOR PERFORMANCE FUNDING. (o) The appropriation for Mid Michigan Community College is $4,682,000.00, $4,517,900.00 for operations and $164,100.00 for performance funding.$4,757,700.00, $4,682,000.00 FOR OPERATIONS AND $75,700.00 FOR PERFORMANCE FUNDING. (p) The appropriation for Monroe County Community College is $4,492,900.00, $4,342,600.00 for operations and $150,300.00 for performance funding.$4,565,600.00, $4,492,900.00 FOR OPERATIONS AND $72,700.00 FOR PERFORMANCE FUNDING. (q) The appropriation for Montcalm Community College is $3,226,700.00, $3,121,200.00 for operations and $105,500.00 for performance funding.$3,280,600.00, $3,226,700.00 FOR OPERATIONS AND $53,900.00 FOR PERFORMANCE FUNDING. (r) The appropriation for C.S. Mott Community College is $15,686,100.00, $15,247,100.00 for operations and $439,000.00 for performance funding.$15,901,700.00, $15,686,100.00 FOR OPERATIONS AND $215,600.00 FOR PERFORMANCE FUNDING. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1155 (s) The appropriation for Muskegon Community College is $8,901,000.00, $8,653,500.00 for operations and $247,500.00 for performance funding.$9,020,700.00, $8,901,000.00 FOR OPERATIONS AND $119,700.00 FOR PERFORMANCE FUNDING. (t) The appropriation for North Central Michigan College is $3,172,400.00, $3,064,400.00 for operations and $108,000.00 for performance funding.$3,224,800.00, $3,172,400.00 FOR OPERATIONS AND $52,400.00 FOR PERFORMANCE FUNDING. (u) The appropriation for Northwestern Michigan College is $9,078,800.00, $8,825,300.00 for operations and $253,500.00 for performance funding.$9,200,500.00, $9,078,800.00 FOR OPERATIONS AND $121,700.00 FOR PERFORMANCE FUNDING. (v) The appropriation for Oakland Community College is $21,123,300.00, $20,483,100.00 for operations and $640,200.00 for performance funding.$21,429,400.00, $21,123,300.00 FOR OPERATIONS AND $306,100.00 FOR PERFORMANCE FUNDING. (w) The appropriation for St. Clair County Community College is $7,061,600.00, $6,860,100.00 for operations and $201,500.00 for performance funding.$7,158,000.00, $7,061,600.00 FOR OPERATIONS AND $96,400.00 FOR PERFORMANCE FUNDING. (x) The appropriation for Schoolcraft College is $12,513,700.00, $12,112,200.00 for operations and $401,500.00 for performance funding.$12,706,400.00, $12,513,700.00 FOR OPERATIONS AND $192,700.00 FOR PERFORMANCE FUNDING. (y) The appropriation for Southwestern Michigan College is $6,576,400.00, $6,404,300.00 for operations and $172,100.00 for performance funding.$6,657,600.00, $6,576,400.00 FOR OPERATIONS AND $81,200.00 FOR PERFORMANCE FUNDING. (z) The appropriation for Washtenaw Community College is $13,077,300.00, $12,610,800.00 for operations and $466,500.00 for performance funding.$13,301,100.00, $13,077,300.00 FOR OPERATIONS AND $223,800.00 FOR PERFORMANCE FUNDING. (aa) The appropriation for Wayne County Community College is $16,727,600.00, $16,194,300.00 for operations and $533,300.00 for performance funding.$16,989,800.00, $16,727,600.00 FOR OPERATIONS AND $262,200.00 FOR PERFORMANCE FUNDING. (bb) The appropriation for West Shore Community College is $2,414,900.00, $2,349,800.00 for operations and $65,100.00 for performance funding.$2,446,200.00, $2,414,900.00 FOR OPERATIONS AND $31,300.00 FOR PERFORMANCE FUNDING. (3) The amount appropriated in subsection (2) for community college operations is $307,191,300.00, appropriated from the state school aid fund.APPROPRIATED FROM THE FOLLOWING: (A) STATE SCHOOL AID FUND, $236,181,200.00. (B) STATE GENERAL FUND/GENERAL PURPOSE MONEY, $75,310,800.00. (4) From the appropriations described in subsection (1), subject to section 207a, the amount appropriated for fiscal year 2014‑2015 2015-2016 to offset certain fiscal year 2014-2015 2015-2016 retirement contributions is $1,733,600.00, appropriated from the state school aid fund. (5) From the appropriations described in subsection (1), subject to section 207b, the amount appropriated for payments to community colleges that are participating entities of the retirement system is $52,300,000.00, $69,500,000.00, $17,200,000.00 appropriated from the state school aid fund, AND $52,300,000.00 APPROPRIATED FROM GENERAL FUND/GENERAL PURPOSE MONEY. (6) From the appropriations described in subsection (1), subject to section 207c, the amount appropriated for renaissance zone tax reimbursements is $3,500,000.00, $5,100,000.00, $1,600,000.00 appropriated from the state school aid fund, AND $3,500,000.00 APPROPRIATED FROM GENERAL FUND/GENERAL PURPOSE MONEY. Sec. 201a. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2016 2017 for the items listed in section 201. The fiscal year 2015-2016 2016-2017 appropriations are anticipated to be the same as those for fiscal year 2014-2015, 2015-2016, except that the amounts will be adjusted for changes in retirement costs, caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2015 2016 consensus revenue estimating conference. Sec. 206. The funds appropriated in section 201 are appropriated for community colleges with fiscal years ending June 30, 2015 2016 and shall be paid out of the state treasury and distributed by the state treasurer to the respective community colleges in 11 monthly installments on the sixteenth of each month, or the next succeeding business day, beginning with October 16, 2014. 2015. Each community college shall accrue its July and August 2015 2016 payments to its institutional fiscal year ending June 30, 2015. 2016. However, if the state budget director determines that a community college failed to submit all verified Michigan community colleges activities classification structure data for school year 2013-2014 2014-2015 to the workforce development agency by November 1, 2014, 2015, or failed to submit its longitudinal data system data set for school year 2013‑2014 2014-2015 to the center for educational performance and information under section 219, the state treasurer shall withhold the monthly installments from that community college until those data are submitted. The state budget director shall notify the chairs of the house and senate appropriations subcommittees on community colleges at least 10 days before withholding funds from any community college. 1156 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 Sec. 207a. All of the following apply to the allocation of the FISCAL YEAR 2015-2016 appropriations described in section 201(4): (a) A community college that receives money under section 201(4) shall use that money solely for the purpose of offsetting a portion of the retirement contributions owed by the college for the THAT fiscal year. ending September 30, 2015. (b) The amount allocated to each participating community college under section 201(4) shall be based on each participating college’s PERCENTAGE OF THE total COVERED payroll covered by the retirement system-covered payroll for all COMMUNITY COLLEGES THAT ARE participating colleges for fiscal year 2013-2014.IN THE IMMEDIATELY PRECEDING FISCAL YEAR. Sec. 207b. All of the following apply to the allocation of the FISCAL YEAR 2015-2016 appropriations described in section 201(5) for payments to community colleges that are participating entities of the retirement system: (a) The amount of a payment under section 201(5) shall be the difference between the unfunded actuarial accrued liability contribution rate as calculated under section 41 of the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341, and the maximum employer rate of 20.96% under section 41 of the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341. (b) The amount allocated to each community college under section 201(5) shall be based on each community college’s percentage of the total covered payroll for all community colleges that are participating colleges in the immediately preceding fiscal year. A community college that receives funds under this subdivision shall use the funds solely for the purpose of retirement contributions under section 201(5). (c) Each participating college that receives funds under section 201(5) shall forward an amount equal to the amount allocated under subdivision (b) to the retirement system in a form and manner determined by the retirement system. Sec. 207c. All of the following apply to the allocation of the appropriations described in section 201(6) to community colleges described in section 12(3) of the Michigan renaissance zone act, 1996 PA 376, MCL 125.2692: (a) The amount allocated to each community college under section 201(6) FOR FISCAL YEAR 2015-2016 shall be based on that community college’s proportion of total revenue lost by community colleges in fiscal year 2013-2014 as a result of the exemption of property TAXES LEVIED IN 2015 under the Michigan renaissance zone act, 1996 PA 376, MCL 125.2681 TO 125.2696. (b) The appropriations described in section 201(6) shall be made to each eligible community college within 60 days after the department of treasury certifies to the state budget director that it has received all necessary information to properly determine the amounts of tax revenue lost by PAYABLE TO each eligible community college in fiscal year 2013-2014 under section 12 of the Michigan renaissance zone act, 1996 PA 376, MCL 125.2692. Sec. 209. (1) Within 30 days after the board of a community college adopts its annual operating budget for the following school fiscal year, or after the board adopts a subsequent revision to that budget, the community college shall make all of the following available through a link on its website homepage: (a) The annual operating budget and subsequent budget revisions. (b) A link to the most recent “Activities Classification Structure Data Book and Companion”. (c) General fund revenue and expenditure projections for fiscal year 2014-2015 2015-2016 and fiscal year 2015‑2016. 2016‑2017. (d) A listing of all debt service obligations, detailed by project, anticipated fiscal year 2014-2015 2015-2016 payment of each project, and total outstanding debt. (e) The estimated cost to the community college resulting from the patient protection and affordable care act, Public Law 111‑148, as amended by the health care and education reconciliation act of 2010, Public Law 111-152. (f) Links to all of the following for the community college: (i) The current collective bargaining agreement for each bargaining unit. (ii) Each health care benefits plan, including, but not limited to, medical, dental, vision, disability, long-term care, or any other type of benefits that would constitute health care services, offered to any bargaining unit or employee of the community college. (iii) Audits and financial reports for the most recent fiscal year for which they are available. (iv) A copy of the board of trustees resolution regarding compliance with best practices for the local strategic value component described in section 230(2). (2) For statewide consistency and public visibility, community colleges must use the icon badge provided by the department of technology, management, and budget consistent with the icon badge developed by the department of education for K-12 school districts. It must appear on the front of each community college’s homepage. The size of the icon may be reduced to 150 x 150 pixels. (3) The state budget director shall determine whether a community college has complied with this section. The state budget director may withhold a community college’s monthly installments described in section 206 until the community college complies with this section. The state budget director shall notify the chairs of the house and senate appropriations subcommittee on community colleges at least 10 days before withholding funds from any community college. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1157 (4) Each community college shall report the following information to the senate and house appropriations subcommittees on community colleges, the senate and house fiscal agencies, and the state budget office by November 15 of each fiscal year and post that information on the internet ITS website AS required under subsection (1): (a) Budgeted fiscal year 2014-2015 2015-2016 general fund revenue from tuition and fees. (b) Budgeted fiscal year 2014-2015 2015-2016 general fund revenue from state appropriations. (c) Budgeted fiscal year 2014-2015 2015-2016 general fund revenue from property taxes. (d) Budgeted fiscal year 2014-2015 2015-2016 total general fund revenue. (e) Budgeted fiscal year 2014-2015 2015-2016 total general fund expenditures. (5) By November 15 of each year, a community college shall report the following information to the center for educational performance and information and post the information on its website under the budget transparency icon badge: (a) Opportunities for earning college credit through the following programs: (i) State approved career and technical education or a tech prep articulated program of study. (ii) Direct college credit or concurrent enrollment. (iii) Dual enrollment. (iv) An early college/middle college program. (b) For each program described in subdivision (a) that the community college offers, all of the following information: (i) The number of high school students participating in the program. (ii) The number of school districts that participate in the program with the community college. (iii) Whether a college professor, qualified local school district employee, or other individual teaches the course or courses in the program. (iv) The total cost to the community college to operate the program. (v) The cost per credit hour for the course or courses in the program. (vi) The location where the course or courses in the program are held. (vii) Instructional resources offered to the program instructors. (viii) Resources offered to the student in the program. (ix) Transportation services provided to students in the program. Sec. 210. (1) Recognizing the critical importance of education in strengthening Michigan’s workforce, the legislature encourages each community college IS ENCOURAGED to explore ways of increasing collaboration and cooperation with 4-year universities, particularly in the areas related to training, instruction, and program articulation. (2) Recognizing the central role of community colleges in responding to local employment needs and challenges, community colleges shall develop and continue efforts to collaborate with local employers and students to identify local employment needs and strategies to meet them. (3) Community colleges are encouraged to collaborate with each other on innovations to identify and meet local employment needs. (4) Community colleges are encouraged to work with universities to develop equivalency standards of core college courses and identify equivalent courses offered by postsecondary institutions. Sec. 210b. (1) It is the intent of the legislature that the Michigan association of collegiate registrars and admissions officers ASSOCIATION OF COLLEGIATE REGISTRARS AND ADMISSIONS OFFICERS implement any agreement or agreements among the community colleges and universities concerning the transferability of college courses resulting from the recommendations of the committee created under former section 210a. (2) It is the intent of the legislature that the Michigan association of collegiate registrars and admissions officers, ASSOCIATION OF COLLEGIATE REGISTRARS AND ADMISSIONS OFFICERS, the Michigan community college association, COMMUNITY COLLEGE ASSOCIATION, and the presidents council, state universities PRESIDENTS COUNCIL, STATE UNIVERSITIES of Michigan shall together submit an implementation update report to the senate and house appropriations subcommittees on community colleges and higher education, the senate and house fiscal agencies, and the state budget director by March 1, 2015.2016. SEC. 210C. (1) A STUDY COMMITTEE SHALL BE CREATED TO DEVELOP A PROCESS TO IMPROVE THE TRANSFERABILITY AND APPLICABILITY OF ASSOCIATE OF ARTS AND ASSOCIATE OF SCIENCE DEGREES AS A BLOCK OF CREDITS BETWEEN COMMUNITY COLLEGES AND PUBLIC UNIVERSITIES ON A STATEWIDE BASIS. BUILDING ON THE MICHIGAN TRANSFER NETWORK SPONSORED BY THE MICHIGAN ASSOCIATION OF COLLEGIATE REGISTRARS AND ADMISSIONS OFFICERS AND, WHERE POSSIBLE, EXISTING LOCAL ARTICULATION AGREEMENTS BETWEEN INDIVIDUAL INSTITUTIONS, THE COMMITTEE SHALL WORK TO EXPLORE STANDARDS FOR PROGRAM ARTICULATION BETWEEN INSTITUTIONS SO THAT AN ASSOCIATE OF ARTS OR ASSOCIATE OF SCIENCE DEGREE EARNED AT A COMMUNITY COLLEGE IS CONSIDERED THE EQUIVALENT OF THE FIRST 60 CREDITS OF A BACCALAUREATE DEGREE, AND THOSE CREDITS CAN BE SEAMLESSLY TRANSFERRED AND APPLIED TO THE PROGRAM OF STUDY AT THE RECEIVING UNIVERSITY. (2) IT IS THE INTENT OF THE LEGISLATURE THAT THE STUDY COMMITTEE CREATED UNDER SUBSECTION (1) EXPLORE ISSUES RELEVANT TO BLOCK TRANSFER AGREEMENTS, INCLUDING, BUT 1158 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 NOT LIMITED TO, THE SATISFACTION OF ALL LOWER DIVISION GENERAL EDUCATION REQUIREMENTS, THE APPLICABILITY OF EQUIVALENT COURSES TO THE MAJOR PROGRAM OF STUDY, JUNIORLEVEL STANDING AT THE UNIVERSITY FOR TRANSFER STUDENTS, AND THE COMPLETION OF THE BACCALAUREATE DEGREE WITH A LIMIT OF 60 POST-TRANSFER CREDIT HOURS. BECAUSE OF THE LEGISLATURE’S INTEREST IN PROMOTING DEGREE COMPLETION, THE STUDY COMMITTEE SHOULD ALSO CONSIDER INCENTIVES FOR STUDENTS TO COMPLETE BOTH AN ASSOCIATE DEGREE AND A BACCALAUREATE DEGREE. (3) THE STUDY COMMITTEE CREATED UNDER SUBSECTION (1) SHALL CONSIST OF THE FOLLOWING MEMBERS: (A) TEN REPRESENTATIVES FROM COMMUNITY COLLEGES SELECTED BY THE MICHIGAN COMMUNITY COLLEGE ASSOCIATION. (B) TEN REPRESENTATIVES FROM PUBLIC UNIVERSITIES SELECTED BY THE PRESIDENTS COUNCIL, STATE UNIVERSITIES OF MICHIGAN. (C) FOUR MEMBERS OF THE MICHIGAN ASSOCIATION OF COLLEGIATE REGISTRARS AND ADMISSIONS OFFICERS. (D) ONE MEMBER OF THE MICHIGAN HOUSE OF REPRESENTATIVES SELECTED BY THE SPEAKER OF THE HOUSE. (E) ONE MEMBER OF THE MICHIGAN HOUSE OF REPRESENTATIVES SELECTED BY THE MINORITY LEADER OF THE HOUSE. (F) ONE MEMBER OF THE MICHIGAN SENATE SELECTED BY THE SENATE MAJORITY LEADER. (G) ONE MEMBER OF THE MICHIGAN SENATE SELECTED BY THE SENATE MINORITY LEADER. (4) THE STUDY COMMITTEE CREATED UNDER SUBSECTION (1) SHALL SUBMIT A PROJECT STATUS REPORT AND INITIAL RECOMMENDATIONS TO THE SENATE AND HOUSE APPROPRIATIONS SUBCOMMITTEES ON COMMUNITY COLLEGES AND HIGHER EDUCATION, THE SENATE AND HOUSE FISCAL AGENCIES, AND THE STATE BUDGET DIRECTOR BY MARCH 1, 2016. SEC. 210D. COMMUNITY COLLEGES ARE ENCOURAGED TO WORK WITH PUBLIC UNIVERSITIES IN THE STATE TO IMPLEMENT STATEWIDE REVERSE TRANSFER AGREEMENTS TO INCREASE THE NUMBER OF STUDENTS THAT ARE AWARDED CREDENTIALS OF VALUE UPON COMPLETION OF THE NECESSARY CREDITS. THESE STATEWIDE AGREEMENTS SHALL ENABLE STUDENTS WHO HAVE EARNED A SIGNIFICANT NUMBER OF CREDITS AT A COMMUNITY COLLEGE AND TRANSFERRED TO A BACCALAUREATE-GRANTING INSTITUTION BEFORE COMPLETING A DEGREE TO TRANSFER THE CREDITS EARNED AT THE BACCALAUREATE INSTITUTION BACK TO THE COMMUNITY COLLEGE IN ORDER TO BE AWARDED A CREDENTIAL OF VALUE. Sec. 217. (1) The workforce development agency shall do all of the following: (a) Establish, maintain, and coordinate the state community college database commonly known as the “activities classification structure” or “ACS” database. (b) Collect data concerning community colleges and community college programs in this state, including data required by law. (c) Establish procedures to ensure the validity and reliability of the data and the collection process. (d) Develop model data collection policies, including, but not limited to, policies that ensure the privacy of any individual student data. Privacy policies shall ensure that student social security numbers are not released to the public for any purpose. (e) Provide data in a useful manner to allow state policymakers and community college officials to make informed policy decisions. (f) Assist community colleges in complying with audits under this section or federal law. (2) There is created within the workforce development agency the activities classification structure advisory committee. The committee shall provide advice to the director of the workforce development agency regarding the management of the state community college database, including, but not limited to: (a) Determining what data are necessary to collect and maintain to enable state and community college officials to make informed policy decisions. (b) Defining the roles of all stakeholders in the data collection system. (c) Recommending timelines for the implementation and ongoing collection of data. (d) Establishing and maintaining data definitions, data transmission protocols, and system specifications and procedures for the efficient and accurate transmission and collection of data. (e) Establishing and maintaining a process for ensuring the accuracy of the data. (f) Establishing and maintaining policies related to data collection, including, but not limited to, privacy policies related to individual student data. (g) Ensuring that the data are made available to state policymakers and citizens of this state in the most useful format possible. (h) Addressing other matters as determined by the director of the workforce development agency or as required by law. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1159 (3) The activities classification structure advisory committee created in subsection (2) shall consist of the following members: (a) One representative from the house fiscal agency, appointed by the director of the house fiscal agency. (b) One representative from the senate fiscal agency, appointed by the director of the senate fiscal agency. (c) One representative from the workforce development agency, appointed by the director of the workforce development agency. (d) One representative from the state budget office, appointed by the state budget director. (e) One representative from the governor’s policy office, appointed by that office. (f) Four representatives of the Michigan community colleges association, COMMUNITY COLLEGE ASSOCIATION, appointed by the president of the association. From the groupings of community colleges given in table 17 of the activities classification structure report DATABASE described in subsection (4), (1), the association shall appoint 1 representative each from group 1, group 2, and group 3, and 1 representative from either group 3 or 4. (4) The activities classification structure advisory committee shall review the existing activities classification structure report, data, definitions, processes, and other items as needed and publish an initial report on their findings and recommendations by July 30, 2015. This report shall be submitted to the senate and house appropriations subcommittees on community colleges, the senate and house fiscal agencies, the director of the workforce development agency, the state budget director, and the Michigan community colleges association. Sec. 222. Each community college shall have an annual audit of all income and expenditures performed by an independent auditor and shall furnish the independent auditor’s management letter and an annual audited accounting of all general and current funds income and expenditures including audits of college foundations to the members of the senate and house appropriations subcommittees on community colleges, the senate and house fiscal agencies, the auditor general, the workforce development agency, and the state budget director before November 15 of each year. If a community college fails to furnish the audit materials, the monthly state aid installments shall be withheld from that college until the information is submitted. All reporting shall conform to the requirements set forth in the “2001 Manual for Uniform Financial Reporting, Michigan Public Community Colleges”. It is the intent of the legislature that a A community college shall make the information the community college is required to provide under this section available to the public on its internet website. Sec. 225. Each community college shall report to the house and senate fiscal agencies, the state budget director, and the workforce development agency by August 31, 2014, 2015, the tuition and mandatory fees paid by a full-time in-district student and a full-time out-of-district student as established by the college governing board for the 2014-2015 2015-2016 academic year. This report should also include the annual cost of attendance based on a full-time course load of 30 credits. Each community college shall also report any revisions to the reported 2014-2015 2015-2016 academic year tuition and mandatory fees adopted by the college governing board to the house and senate fiscal agencies, the state budget director, and the workforce development agency within 15 days of being adopted. Sec. 226. Each community college shall report to the workforce development agency the numbers and type of associate degrees and other certificates awarded during the previous fiscal year. The report shall be made not later than November 15 of each year. COMMUNITY COLLEGES SHALL WORK WITH THE WORKFORCE DEVELOPMENT AGENCY AND THE CENTER FOR EDUCATIONAL PERFORMANCE AND INFORMATION TO DEVELOP A SYSTEMATIC APPROACH FOR MEETING THIS REQUIREMENT. Sec. 229. (1) It is the intent of the legislature that each EACH community college that receives an appropriation in section 201 IS EXPECTED TO include in its admission application process a specific question as to whether an applicant for admission has ever served or is currently serving in the United States armed forces or is the spouse or dependent of an individual who has served or is currently serving in the United States armed forces, in order to more quickly identify potential educational assistance available to that applicant. (2) It is the intent of the legislature EXPECTED that each public community college that receives an appropriation in section 201 shall work with the house and senate community college subcommittees, the Michigan community college association, COMMUNITY COLLEGE ASSOCIATION, and veterans groups to review the issue of in-district tuition for veterans of this state when determining tuition rates and fees. (3) As used in this section, “veteran” means an honorably discharged veteran entitled to educational assistance under the provisions of section 5003 of the post-911 veterans educational assistance act of 2008, 38 USC 3301 to 3324.3325. Sec. 229a. Included in the fiscal year 2014-2015 2015-2016 appropriations for the department of technology, management, and budget are appropriations TOTALING $29,479,600.00 to provide funding for the state share of costs for previously constructed capital projects for community colleges. Those appropriations for state building authority rent represent additional state general fund support for community colleges, and the following is an estimate of the amount of that support to each community college: (a) Alpena Community College, $485,400.00.$652,700.00. (b) Bay de Noc Community College, $636,600.00.$685,900.00. (c) Delta College, $2,842,800.00.$3,510,900.00. (d) Glen Oaks Community College, $123,300.00.$123,100.00. (e) Gogebic Community College, $16,900.00.$67,600.00. (f) Grand Rapids Community College, $1,792,400.00.$2,126,000.00. 1160 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (g) Henry Ford Community College, $1,030,800.00.$1,028,500.00. (h) Jackson College, $1,787,300.00.$1,677,800.00. (i) Kalamazoo Valley Community College, $1,471,000.00.$1,557,700.00. (j) Kellogg Community College, $521,400.00.$520,200.00. (k) Kirtland Community College, $364,000.00.$363,200.00. (l) Lake Michigan College, $340,900.00.$340,200.00. (m) Lansing Community College, $610,100.00.$1,282,200.00. (n) Macomb Community College, $1,316,600.00.$1,377,400.00. (o) Mid Michigan Community College, $1,117,300.00.$1,712,600.00. (p) Monroe County Community College, $1,266,500.00.$1,263,600.00. (q) Montcalm Community College, $973,700.00.$971,500.00. (r) C.S. Mott Community College, $1,808,000.00.$1,803,900.00. (s) Muskegon Community College, $198,500.00.$267,800.00. (t) North Central Michigan College, $117,600.00.$469,400.00. (u) Northwestern Michigan College, $1,308,600.00.$1,305,600.00. (v) Oakland Community College, $466,300.00.$465,200.00. (w) St. Clair County Community College, $357,000.00.$356,200.00. (x) Schoolcraft College, $1,550,300.00.$1,546,700.00. (y) Southwestern Michigan College, $231,100.00.$286,900.00. (z) Washtenaw Community College, $1,680,600.00.$1,676,800.00. (aa) Wayne County Community College, $1,466,000.00.$1,462,700.00. (bb) West Shore Community College, $578,600.00.$577,300.00. Sec. 230. (1) Money included in the appropriations for community college operations under section 201(2) in fiscal year 2014-2015 2015-2016 for performance funding is distributed based on the following formula: (a) Allocated proportionate to fiscal year 2013-2014 2014-2015 base appropriations, 50%. (b) Based on contact hour equated students, 10%. (c) Based on administrative costs, 7.5%. (d) Based on a weighted degree formula as provided for in the 2006 recommendations of the performance indicators task force, 17.5%. (e) Based on the local strategic value component, as developed in cooperation with the Michigan community college association COMMUNITY COLLEGE ASSOCIATION and described in subsection (2), 15%. (2) Money included in the appropriations for community college operations under section 201(2) for local strategic value shall be allocated to each community college that certifies to the state budget director, through a board of trustees resolution on or before October 15, 2014, 2015, that the college has met 4 out of 5 best practices listed in each category described in subsection (3). The resolution shall provide specifics as to how the community college meets each best practice measure within each category. One-third of funding available under the strategic value component shall be allocated to each category described in subsection (3). Amounts distributed under local strategic value shall be on a proportionate basis to each college’s fiscal year 2013-2014 2014-2015 operations funding. Payments to community colleges that qualify for local strategic value funding shall be distributed with the November installment payment described in section 206. (3) For purposes of subsection (2), the following categories of best practices reflect functional activities of community colleges that have strategic value to the local communities and regional economies: (a) For Category A, economic development and business or industry partnerships, the following: (i) The community college has active partnerships with local employers including hospitals and health care providers. (ii) The community college provides customized on-site training for area companies, employees, or both. (iii) The community college supports entrepreneurship through a small business assistance center or other training or consulting activities targeted toward small businesses. (iv) The community college supports technological advancement through industry partnerships, incubation activities, or operation of a Michigan technical education center or other advanced technology center. (v) The community college has active partnerships with local or regional workforce and economic development agencies. (b) For Category B, educational partnerships, the following: (i) The community college has active partnerships with regional high schools, intermediate school districts, and careertech centers to provide instruction through dual enrollment, concurrent enrollment, direct credit, middle college, or academy programs. (ii) The community college hosts, sponsors, or participates in enrichment programs for area K-12 students, such as college days, summer or after-school programming, or science Olympiad. (iii) The community college provides, supports, or participates in programming to promote successful transitions to college for traditional age students, including grant programs such as talent search, upward bound, or other activities to promote college readiness in area high schools and community centers. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1161 (iv) The community college provides, supports, or participates in programming to promote successful transitions to college for new or reentering adult students, such as adult basic education, general education development certificate preparation and testing, or recruiting, advising, or orientation activities specific to adults. (v) The community college has active partnerships with regional 4-year colleges and universities to promote successful transfer, such as articulation, 2+2, or reverse transfer agreements or operation of a university center. (c) For Category C, community services, the following: (i) The community college provides continuing education programming for leisure, wellness, personal enrichment, or professional development. (ii) The community college operates or sponsors opportunities for community members to engage in activities that promote leisure, wellness, cultural or personal enrichment such as community sports teams, theater or musical ensembles, or artist guilds. (iii) The community college operates public facilities to promote cultural, educational, or personal enrichment for community members, such as libraries, computer labs, performing arts centers, museums, art galleries, or television or radio stations. (iv) The community college operates public facilities to promote leisure or wellness activities for community members, including gymnasiums, athletic fields, tennis courts, fitness centers, hiking or biking trails, or natural areas. (v) The community college promotes, sponsors, or hosts community service activities for students, staff, or community members. (4) PAYMENTS FOR PERFORMANCE FUNDING UNDER SECTION 201(2) SHALL BE MADE TO A COMMUNITY COLLEGE ONLY IF THAT COMMUNITY COLLEGE ACTIVELY PARTICIPATES IN THE MICHIGAN TRANSFER NETWORK SPONSORED BY THE MICHIGAN ASSOCIATION OF COLLEGIATE REGISTRARS AND ADMISSIONS OFFICERS AND SUBMITS TIMELY UPDATES, INCLUDING UPDATED COURSE EQUIVALENCIES AT LEAST EVERY 6 MONTHS, TO THE MICHIGAN TRANSFER NETWORK. THE STATE BUDGET DIRECTOR SHALL DETERMINE IF A COMMUNITY COLLEGE HAS NOT SATISFIED THIS REQUIREMENT. THE STATE BUDGET DIRECTOR MAY WITHHOLD PAYMENTS FOR PERFORMANCE FUNDING UNTIL A COMMUNITY COLLEGE IS IN COMPLIANCE WITH THIS SECTION. SEC. 230A. (1) A TASK FORCE SHALL BE FORMED BY OCTOBER 15, 2015 TO REVIEW, EVALUATE, DISCUSS, AND MAKE RECOMMENDATIONS REGARDING PERFORMANCE INDICATORS ESTABLISHED UNDER THE AUTHORITY OF SECTION 242 OF 2005 PA 154. THE TASK FORCE SHALL REVIEW WHETHER THE CURRENT METRICS USED ARE THE MOST APPROPRIATE AND RELIABLE PERFORMANCE INDICATORS AVAILABLE AND DETERMINE THE MOST EFFICIENT METHODOLOGY FOR CONNECTING STATE FUNDING TO THOSE INDICATORS. (2) THE TASK FORCE DESCRIBED IN SUBSECTION (1) SHALL CONSIST OF THE FOLLOWING MEMBERS: (A) TWO MEMBERS OF THE MICHIGAN HOUSE OF REPRESENTATIVES. ONE MEMBER SHALL BE DESIGNATED BY THE SPEAKER OF THE HOUSE, AND 1 MEMBER SHALL BE DESIGNATED BY THE HOUSE MINORITY LEADER. (B) TWO MEMBERS OF THE MICHIGAN SENATE. ONE MEMBER SHALL BE DESIGNATED BY THE SENATE MAJORITY LEADER, AND 1 MEMBER SHALL BE DESIGNATED BY THE SENATE MINORITY LEADER. (C) ONE REPRESENTATIVE FROM THE DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET, DESIGNATED BY THE STATE BUDGET DIRECTOR. (D) FOUR REPRESENTATIVES OF MICHIGAN PUBLIC COMMUNITY COLLEGES. THE MICHIGAN COMMUNITY COLLEGE ASSOCIATION SHALL DESIGNATE 1 REPRESENTATIVE FROM EACH OF THE 4 GROUPS DESCRIBED IN THE ACTIVITIES CLASSIFICATION STRUCTURE DATA BOOK PUBLISHED BY THE WORKFORCE DEVELOPMENT AGENCY. (3) THE TASK FORCE DESCRIBED IN SUBSECTION (1) SHALL SUBMIT A REPORT CONTAINING ITS FINDINGS AND RECOMMENDATIONS TO THE HOUSE AND SENATE APPROPRIATIONS SUBCOMMITTEES ON COMMUNITY COLLEGES, THE HOUSE AND SENATE FISCAL AGENCIES, AND THE STATE BUDGET DIRECTOR BY JANUARY 15, 2016. Sec. 236. (1) Subject to the conditions set forth in this article, the amounts listed in this section are appropriated for higher education for the fiscal year ending September 30, 2015, 2016, from the funds indicated in this section. The following is a summary of the appropriations in this section: (a) The gross appropriation is $1,516,496,300.00. $1,534,724,400.00. After deducting total interdepartmental grants and intradepartmental transfers in the amount of $0.00, the adjusted gross appropriation is $1,516,496,300.00. $1,534,724,400.00. (b) The sources of the adjusted gross appropriation described in subdivision (a) are as follows: (i) Total federal revenues, $97,026,400.00. (ii) Total local revenues, $0.00. (iii) Total private revenues, $0.00. (iv) Total other state restricted revenues, $206,567,900.00.$205,279,500.00. (v) State general fund/general purpose money, $1,212,902,000.00.$1,232,418,500.00. 1162 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (2) Amounts appropriated for public universities are as follows: (a) The appropriation for Central Michigan University is $79,115,000.00, $73,540,100.00 for operations and $5,574,900.00 for performance funding.$80,904,400.00, $79,164,800.00 FOR OPERATIONS AND $1,739,600.00 FOR PERFORMANCE FUNDING. (b) The appropriation for Eastern Michigan University is $71,771,100.00, $67,275,400.00 for operations and $4,495,700.00 for performance funding.$72,835,300.00, $71,782,500.00 FOR OPERATIONS AND $1,052,800.00 FOR PERFORMANCE FUNDING. (c) The appropriation for Ferris State University is $49,087,000.00, $45,636,500.00 for operations and $3,450,500.00 for performance funding.$50,227,800.00, $49,119,100.00 FOR OPERATIONS AND $1,108,700.00 FOR PERFORMANCE FUNDING. (d) The appropriation for Grand Valley State University is $63,136,000.00, $57,823,500.00 for operations and $5,312,500.00 for performance funding.$65,035,200.00, $63,156,500.00 FOR OPERATIONS AND $1,878,700.00 FOR PERFORMANCE FUNDING. (e) The appropriation for Lake Superior State University is $12,782,500.00, $12,231,000.00 for operations and $551,500.00 for performance funding.$13,183,600.00, $12,997,500.00 FOR OPERATIONS AND $186,100.00 FOR PERFORMANCE FUNDING. (f) The appropriation for Michigan State University is $324,038,100.00, $249,597,800.00 for operations, $14,831,300.00 for performance funding, $32,027,900.00 for MSU AgBioResearch, and $27,581,100.00 for MSU extension.$328,782,000.00, $264,437,900.00 FOR OPERATIONS, $3,841,000.00 FOR PERFORMANCE FUNDING, $32,508,300.00 FOR MSU AGBIORESEARCH, AND $27,994,800.00 FOR MSU EXTENSION. (g) The appropriation for Michigan Technological University is $45,923,100.00, $43,473,800.00 for operations and $2,449,300.00 for performance funding.$46,662,000.00, $45,938,000.00 FOR OPERATIONS AND $724,000.00 FOR PERFORMANCE FUNDING. (h) The appropriation for Northern Michigan University is $44,277,200.00, $41,741,400.00 for operations and $2,535,800.00 for performance funding.$45,020,400.00, $44,338,300.00 FOR OPERATIONS AND $682,100.00 FOR PERFORMANCE FUNDING. (i) The appropriation for Oakland University is $48,364,100.00, $45,651,600.00 for operations and $2,712,500.00 for performance funding.$49,600,300.00, $48,371,900.00 FOR OPERATIONS AND $1,228,400.00 FOR PERFORMANCE FUNDING. (j) The appropriation for Saginaw Valley State University is $27,610,200.00, $25,991,000.00 for operations and $1,619,200.00 for performance funding.$28,117,700.00, $27,621,600.00 FOR OPERATIONS AND $496,100.00 FOR PERFORMANCE FUNDING. (k) The appropriation for University of Michigan – Ann Arbor is $295,174,100.00, $279,232,700.00 for operations and $15,941,400.00 for performance funding.$299,430,600.00, $295,178,500.00 FOR OPERATIONS AND $4,252,100.00 FOR PERFORMANCE FUNDING. (l) The appropriation for University of Michigan – Dearborn is $23,689,300.00, $22,510,400.00 for operations and $1,178,900.00 for performance funding.$23,995,400.00, $23,701,000.00 FOR OPERATIONS AND $294,400.00 FOR PERFORMANCE FUNDING. (m) The appropriation for University of Michigan – Flint is $21,337,700.00, $19,938,200.00 for operations and $1,399,500.00 for performance funding.$21,763,700.00, $21,359,600.00 FOR OPERATIONS AND $404,100.00 FOR PERFORMANCE FUNDING. (n) The appropriation for Wayne State University is $190,519,800.00, $183,398,300.00 for operations and $7,121,500.00 for performance funding.$191,346,700.00, $190,529,900.00 FOR OPERATIONS AND $816,800.00 FOR PERFORMANCE FUNDING. (o) The appropriation for Western Michigan University is $102,742,000.00, $97,279,000.00 for operations and $5,463,000.00 for performance funding.$104,155,600.00, $102,761,100.00 FOR OPERATIONS AND $1,394,500.00 FOR PERFORMANCE FUNDING. (3) The amount appropriated in subsection (2) for public universities is appropriated from the following: (a) State school aid fund, $200,019,500.00. (b) State general fund/general purpose money, $1,199,547,700.00.$1,221,041,200.00. (4) The amount appropriated for Michigan public school employees’ retirement system reimbursement is $2,446,200.00, $5,160,000.00, appropriated from the state school aid fund. (5) For fiscal year 2014-2015 only, in addition to the amount appropriated under subsection (4), $4,002,200.00 is appropriated for Michigan public school employees’ retirement system reimbursement, appropriated from the state school aid fund. (5) (6) The amount appropriated for state and regional programs is $2,295,000.00 $315,000.00, appropriated from general fund/general purpose money and allocated as follows: (a) College access program, $2,000,000.00. (A) (b) Higher education database modernization and conversion, $200,000.00. (B) (c) Midwestern higher education compact, $95,000.00. HIGHER EDUCATION COMPACT, $115,000.00. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1163 (6) (7) The amount appropriated for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks program is $2,691,500.00, appropriated from general fund/general purpose money and allocated as follows: (a) Select student support services, $1,956,100.00. (b) Michigan college/university partnership program, $586,800.00. (c) Morris Hood, Jr. educator development program, $148,600.00. (7) (8) Subject to subsection (9), (8), the amount appropriated for grants and financial aid is $105,494,200.00, $105,497,200.00, allocated as follows: (a) State competitive scholarships, $18,361,700.00. (b) Tuition grants, $33,532,500.00.$34,035,500.00. (c) Tuition incentive program, $48,500,000.00. (d) Children of veterans and officer’s survivor tuition grant programs, $1,400,000.00. (e) Project GEAR-UP, $3,200,000.00. (f) North American Indian tuition waivers, $500,000.00. (8) (9) The money appropriated in subsection (8) (7) for grants and financial aid is appropriated from the following: (a) Federal revenues under the United States department of education, office of elementary and secondary education, DEPARTMENT OF EDUCATION, OFFICE OF ELEMENTARY AND SECONDARY EDUCATION, GEAR-UP program, $3,200,000.00. (b) Federal revenues under the social security act, temporary assistance for needy families, $93,826,400.00. (c) Contributions to children of veterans tuition grant program, $100,000.00. (d) State general fund/general purpose money, $8,367,800.00.$8,370,800.00. Sec. 236a. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2016 2017 for the items listed in section 236. The fiscal year 2015-2016 2016-2017 appropriations are anticipated to be the same as those for fiscal year 2014-2015, 2015-2016, except that the amounts will be adjusted for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2015 2016 consensus revenue estimating conference. Sec. 236b. In addition to the funds appropriated in section 236, there is appropriated for grants and financial aid in fiscal year 2014-2015 2015-2016 an amount not to exceed $6,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393, for another purpose under this article. Sec. 236c. In addition to the funds appropriated for fiscal year 2014-2015 2015-2016 in section 236, appropriations to the department of technology, management, and budget in the act providing general appropriations for fiscal year 2014-2015 2015‑2016 for state building authority rent, totaling an estimated $124,825,300.00, $135,995,300.00, provide funding for the state share of costs for previously constructed capital projects for state universities. These appropriations for state building authority rent represent additional state general fund support provided to public universities, and the following is an estimate of the amount of that support to each university: (a) Central Michigan University, $9,103,200.00.$9,551,800.00. (b) Eastern Michigan University, $4,861,700.00.$4,860,900.00. (c) Ferris State University, $6,252,200.00.$6,251,200.00. (d) Grand Valley State University, $4,252,500.00.$6,952,300.00. (e) Lake Superior State University, $1,112,900.00.$1,720,300.00. (f) Michigan State University, $16,101,200.00.$16,549,200.00. (g) Michigan Technological University, $7,444,600.00.$7,443,400.00. (h) Northern Michigan University, $8,016,400.00.$9,706,200.00. (i) Oakland University, $10,969,800.00.$12,993,400.00. (j) Saginaw Valley State University, $9,777,400.00.$9,865,800.00. (k) University of Michigan - Ann Arbor, $9,159,200.00.$9,607,800.00. (l) University of Michigan - Dearborn, $6,296,200.00.$6,745,200.00. (m) University of Michigan - Flint, $2,855,000.00.$3,104,000.00. (n) Wayne State University, $13,679,800.00.$15,703,000.00. (o) Western Michigan University, $14,943,200.00.$14,940,800.00. Sec. 241. (1) Subject to section SECTIONS 244 AND 265a, the funds appropriated in section 236 to public universities shall be paid out of the state treasury and distributed by the state treasurer to the respective institutions in 11 equal monthly installments on the sixteenth of each month, or the next succeeding business day, beginning with October 16, 2014. 2015. Except for Wayne State University, each institution shall accrue its July and August 2015 2016 payments to its institutional fiscal year ending June 30, 2015. 2016. (2) All public universities shall submit higher education institutional data inventory (HEIDI) data and associated financial and program information requested by and in a manner prescribed by the state budget director. For public universities with fiscal years ending June 30, 2014, 2015, these data shall be submitted to the state budget director by October 15, 2014. 2015. Public universities with a fiscal year ending September 30, 2014 2015 shall submit preliminary HEIDI data by November 15, 1164 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 2014 2015 and final data by December 15, 2014. 2015. If a public university fails to submit HEIDI data and associated financial aid program information in accordance with this reporting schedule, the state treasurer may withhold the monthly installments under subsection (1) to the public university until those data are submitted. Sec. 244. A public university receiving funds in section 236 shall cooperate with all measures taken by the state to develop, operate, and maintain the statewide P-20 longitudinal data system described in section 94a. If the state budget director finds that a university has not complied with this section, the state budget director is authorized to withhold the monthly installments provided to that university under section 236 241 until he or she finds the university has complied with this section. Sec. 246. (1) ALL OF THE FOLLOWING APPLY TO THE ALLOCATION OF THE FISCAL YEAR 2015‑2016 APPROPRIATIONS DESCRIBED IN SECTION 236(4) FOR PAYMENTS TO UNIVERSITIES THAT ARE PARTICIPATING ENTITIES OF THE MICHIGAN PUBLIC SCHOOL EMPLOYEES’ RETIREMENT SYSTEM: (A) The funds appropriated in section 236 236(4) for Michigan public school employees’ retirement system reimbursement shall be allocated to each participating public university under this section based on each participating public university’s percentage of the total combined payrolls of the universities’ employees who are members of the retirement system and who were hired before January 1, 1996 and the universities’ employees who would have been members of the retirement system on or after January 1, 1996, but for the enactment of 1995 PA 272 for all public universities that are participating public universities for the immediately preceding state fiscal year. (B) THE AMOUNT OF A PAYMENT UNDER SECTION 236(4) SHALL BE EQUAL TO THE DIFFERENCE BETWEEN THE UNFUNDED ACTUARIAL ACCRUED LIABILITY CONTRIBUTION RATE FOR UNIVERSITY REPORTING UNITS AS CALCULATED UNDER SECTION 41 OF THE PUBLIC SCHOOL EMPLOYEES RETIREMENT ACT OF 1979, 1980 PA 300, MCL 38.1341, AS CALCULATED WITHOUT TAKING INTO ACCOUNT THE MAXIMUM EMPLOYER RATE OF 25.73% INCLUDED IN SECTION 41 OF THE PUBLIC SCHOOL EMPLOYEES RETIREMENT ACT OF 1979, 1980 PA 300, MCL 38.1341, AND THE MAXIMUM EMPLOYER RATE FOR UNIVERSITY REPORTING UNITS OF 25.73% UNDER SECTION 41 OF THE PUBLIC SCHOOL EMPLOYEES RETIREMENT ACT OF 1979, 1980 PA 300, MCL 38.1341. Payments shall be made in a form and manner determined by the office of retirement services. (C) A public university that receives money under this section 236(4) shall use that money solely for the purpose of offsetting a portion of the retirement contributions. owed by the university. EACH PARTICIPATING UNIVERSITY THAT RECEIVES FUNDS UNDER SECTION 236(4) SHALL FORWARD AN AMOUNT EQUAL TO THE AMOUNT RECEIVED UNDER SECTION 236(4) TO THE MICHIGAN PUBLIC SCHOOL EMPLOYEES’ RETIREMENT SYSTEM IN A FORM AND MANNER DETERMINED BY THE OFFICE OF RETIREMENT SERVICES. (2) As used in this section, “participating public university” means a public university that is a reporting unit of the Michigan public school employees’ retirement system under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1408, 38.1437, and that pays contributions to the Michigan public school employees’ retirement system for the state fiscal year. Sec. 252. (1) The amounts appropriated in section 236 for the state tuition grant program shall be distributed pursuant to 1966 PA 313, MCL 390.991 to 390.997a. (2) Tuition grant awards shall be made to all eligible Michigan residents enrolled in undergraduate degree programs who are qualified and who apply before July 1 of each year for the next academic year. (3) Pursuant to section 5 of 1966 PA 313, MCL 390.995, and subject to subsections (7) and (8), the department of treasury shall determine an actual maximum tuition grant award per student, which shall be no less than $1,512.00, that ensures that the aggregate payments for the tuition grant program do not exceed the appropriation contained in section 236 for the state tuition grant program. If the department determines that insufficient funds are available to establish a maximum award amount equal to at least $1,512.00, the department shall immediately report to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director regarding the estimated amount of additional funds necessary to establish a $1,512.00 maximum award amount. If the department determines that sufficient funds are available to establish a maximum award amount equal to at least $1,512.00, the department shall immediately report to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director regarding the maximum award amount established and the projected amount of any projected year-end appropriation balance based on that maximum award amount. By December 15, and again by February 18 of each fiscal year, the department shall analyze the status of award commitments, shall make any necessary adjustments, and shall confirm that those award commitments will not exceed the appropriation contained in section 236 for the tuition grant program. The determination and actions shall be reported to the state budget director and the house and senate fiscal agencies no later than the final day of February of each year. If award adjustments are necessary, the students shall be notified of the adjustment by March 4 of each year. (4) Any unexpended and unencumbered funds remaining on September 30, 2015 2016 from the amounts appropriated in section 236 for the tuition grant program for fiscal year 2014-2015 2015-2016 shall not lapse on September 30, 2015, 2016, but shall continue to be available for expenditure for tuition grants provided in the 2015-2016 2016-2017 fiscal year under a work project account. The use of these unexpended fiscal year 2014-2015 2015-2016 funds shall terminate at the end of the 2015‑2016 2016-2017 fiscal year. (5) The department of treasury shall continue a proportional tuition grant maximum award level for recipients enrolled less than full-time in a given semester or term. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1165 (6) If the department of treasury increases the maximum award per eligible student from that provided in the previous fiscal year, it shall not have the effect of reducing the number of eligible students receiving awards in relation to the total number of eligible applicants. Any increase in the maximum grant shall be proportional for all eligible students receiving awards for that fiscal year. (7) Except as provided in subsection (4), the department of treasury shall not award more than $3,200,000.00 in tuition grants to eligible students enrolled in the same independent nonprofit college or university in this state. Any decrease in the maximum grant shall be proportional for all eligible students enrolled in that college or university, as determined by the department. (8) The department of treasury shall not award tuition grants to otherwise eligible students enrolled in an independent college or university that does not report, in a form and manner directed by and satisfactory to the department of treasury, by August 31 SEPTEMBER 30 of each year, beginning with August 31, 2015, all of the following: (a) The number of students in the most recently completed academic year that WHO IN ANY ACADEMIC YEAR received a state tuition grant AT THE REPORTING INSTITUTION and successfully completed a program or graduated. (b) The number of students in the most recently completed academic year that WHO IN ANY ACADEMIC YEAR received a state tuition grant AT THE REPORTING INSTITUTION and took a remedial education class. (c) The number of students in the most recently completed academic year that WHO IN ANY ACADEMIC YEAR received a Pell grant AT THE REPORTING INSTITUTION and successfully completed a program or graduated. (9) BY FEBRUARY 1, 2016, EACH INDEPENDENT COLLEGE AND UNIVERSITY PARTICIPATING IN THE TUITION GRANT PROGRAM SHALL REPORT TO THE SENATE AND HOUSE APPROPRIATIONS SUBCOMMITTEES ON HIGHER EDUCATION, THE SENATE AND HOUSE FISCAL AGENCIES, AND THE STATE BUDGET DIRECTOR ON ITS EFFORTS TO DEVELOP AND IMPLEMENT SEXUAL ASSAULT RESPONSE TRAINING FOR THE INSTITUTION’S TITLE IX COORDINATOR, CAMPUS LAW ENFORCEMENT PERSONNEL, CAMPUS PUBLIC SAFETY PERSONNEL, AND ANY OTHER CAMPUS PERSONNEL CHARGED WITH RESPONDING TO ON-CAMPUS INCIDENTS, INCLUDING INFORMATION ON SEXUAL ASSAULT RESPONSE TRAINING MATERIALS AND THE STATUS OF IMPLEMENTING SEXUAL ASSAULT RESPONSE TRAINING FOR INSTITUTIONAL PERSONNEL. Sec. 256. (1) The funds appropriated in section 236 for the tuition incentive program shall be distributed as provided in this section and pursuant to the administrative procedures for the tuition incentive program of the department of treasury. (2) As used in this section: (a) “Phase I” means the first part of the tuition incentive assistance program defined as the academic period of 80 semester or 120 term credits, or less, leading to an associate degree or certificate. (b) “Phase II” means the second part of the tuition incentive assistance program which provides assistance in the third and fourth year of 4-year degree programs. (c) “Department” means the department of treasury. (3) An individual shall meet the following basic criteria and financial thresholds to be eligible for tuition incentive benefits: (a) To be eligible for phase I, an individual shall meet all of the following criteria: (i) Apply for certification to the department any time after he or she begins the sixth grade but before August 31 of the school year in which he or she graduates from high school or before completing a general education development certificate. (ii) Be less than 20 years of age at the time he or she graduates from high school with a diploma or certificate of completion or completes a general education development certificate. (iii) Be a United States citizen and a resident of Michigan according to institutional criteria. (iv) Be at least a half-time student, earning less than 80 semester or 120 term credits at a participating educational institution within 4 years of high school graduation or completion of a general education development certificate. (v) Request information on filing a FAFSA. (vi) Must meet the satisfactory academic progress policy of the educational institution he or she attends. (b) To be eligible for phase II, an individual shall meet either of the following criteria in addition to the criteria in subdivision (a): (i) Complete at least 56 transferable semester or 84 transferable term credits. (ii) Obtain an associate degree or certificate at a participating institution. (c) To be eligible for phase I or phase II, an individual must not be incarcerated and must be financially eligible as determined by the department. An individual is financially eligible for the tuition incentive program if he or she was eligible for Medicaid from the state of Michigan for 24 months within the 36 months before application. The department shall accept certification of Medicaid eligibility only from the department of HEALTH AND human services for the purposes of verifying if a person is Medicaid eligible for 24 months within the 36 months before application. Certification of eligibility may begin in the sixth grade. As used in this subdivision, “incarcerated” does not include detention of a juvenile in a state-operated or privately operated juvenile detention facility. (4) For phase I, the department shall provide payment on behalf of a person eligible under subsection (3). The department shall reject billings that are excessive or outside the guidelines for the type of educational institution. (5) For phase I, all of the following apply: (a) Payments for associate degree or certificate programs shall not be made for more than 80 semester or 120 term credits for any individual student at any participating institution. 1166 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (b) For persons enrolled at a Michigan community college, the department shall pay the current in-district tuition and mandatory fees. For persons residing in an area that is not included in any community college district, the out-of-district tuition rate may be authorized. (c) For persons enrolled at a Michigan public university, the department shall pay lower division resident tuition and mandatory fees for the current year. (d) For persons enrolled at a Michigan independent, nonprofit degree-granting college or university, or a Michigan federal tribally controlled community college, or Focus: HOPE, the department shall pay mandatory fees for the current year and a percredit payment that does not exceed the average community college in-district per-credit tuition rate as reported on August 1, for the immediately preceding academic year. (6) A person participating in phase II may be eligible for additional funds not to exceed $500.00 per semester or $400.00 per term up to a maximum of $2,000.00 subject to the following conditions: (a) Credits are earned in a 4-year program at a Michigan degree-granting 4-year college or university. (b) The tuition reimbursement is for coursework completed within 30 months of completion of the phase I requirements. (7) The department shall work closely with participating institutions to develop an application and eligibility determination process that will provide the highest level of participation and ensure that all requirements of the program are met. (8) Applications for the tuition incentive program may be approved at any time after the student begins the sixth grade. If a determination of financial eligibility is made, that determination is valid as long as the student meets all other program requirements and conditions. (9) Each institution shall ensure that all known available restricted grants for tuition and fees are used prior to billing the tuition incentive program for any portion of a student’s tuition and fees. (10) The department shall ensure that the tuition incentive program is well publicized and that eligible Medicaid clients are provided information on the program. The department shall provide the necessary funding and staff to fully operate the program. Sec. 263. (1) Included in the appropriation in section 236 for fiscal year 2014-2015 2015-2016 for MSU AgBioResearch is $2,982,900.00 and included in the appropriation in section 236 for MSU extension EXTENSION is $2,645,200.00 for project PROJECT GREEEN. Project GREEEN is intended to address critical regulatory, food safety, economic, and environmental problems faced by this state’s plant-based agriculture, forestry, and processing industries. “GREEEN” is an acronym for generating research and extension to meet environmental and economic needs.GENERATING RESEARCH AND EXTENSION TO MEET ENVIRONMENTAL AND ECONOMIC NEEDS. (2) The department of agriculture and rural development and Michigan State University, in consultation with agricultural commodity groups and other interested parties, shall develop project PROJECT GREEEN and its program priorities. Sec. 263a. (1) Not later than September 30 of each year, Michigan State University shall submit a report on MSU AgBioResearch and MSU extension EXTENSION to the house and senate appropriations subcommittees on agriculture and on higher education, the house and senate standing committees on agriculture, the house and senate fiscal agencies, and the state budget director for the preceding academic fiscal year. (2) The report required under subsection (1) shall include all of the following: (a) Total funds expended by MSU AgBioResearch and by MSU extension service EXTENSION identified by state, local, private, federal, and university fund sources. (b) The metric goals that were used to evaluate the impacts of programs operated by MSU extension EXTENSION and MSU AgBioResearch. It is the intent of the legislature that the following metric goals will be used to evaluate the impacts of those programs: (i) Increasing the number of agriculture and food-related firms collaborating with and using services of research and extension faculty and staff by 3% per year. (ii) Increasing the number of individuals utilizing MSU extension’s EXTENSION’S educational services by 5% per year. (iii) Increasing external funds generated in support of research and extension, beyond state appropriations, by 10% over the amounts generated in the past 3 state fiscal years. (iv) Increasing the sector’s total economic impact from today’s $71,000,000,000.00 to AT LEAST $100,000,000,000.00. (v) Doubling INCREASING Michigan’s agricultural exports from $1,750,000,000.00 to AT LEAST $3,500,000,000.00. (vi) Increasing jobs in the food and agriculture sector by 10%. (vii) Improving access by Michigan consumers to healthy foods by 20%. (c) A review of major programs within both MSU AgBioResearch and MSU extension EXTENSION with specific reference to accomplishments, impacts, and the metrics described in subdivision (b), including a specific accounting of Project GREEEN expenditures and the impact of those expenditures. Sec. 264. Included in the appropriation in section 236 for fiscal year 2014-2015 2015-2016 for Michigan State University is $80,000.00 for the Michigan future farmers of America association. FUTURE FARMERS OF AMERICA ASSOCIATION. This $80,000.00 allocation shall not supplant any existing support that Michigan State University provides to the Michigan future farmers of America association.FUTURE FARMERS OF AMERICA ASSOCIATION. Sec. 265. (1) Payments under section 265a for performance funding shall only be made to a public university that certifies to the state budget director by August 31, 2014 2015 that its board did not adopt an increase in tuition and fee rates for resident No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1167 undergraduate students after September 1, 2013 2014 for the 2013-2014 2014-2015 academic year and that its board will not adopt an increase in tuition and fee rates for resident undergraduate students for the 2014-2015 2015-2016 academic year that is greater than 3.2%. As used in this subsection: (a) Subject to subdivision (c), “fee” “FEE” means any board-authorized fee that will be paid by more than 1/2 of all resident undergraduate students at least once during their enrollment at a public university. A university increasing a fee that applies to a specific subset of students or courses shall provide sufficient information to prove that the increase applied to that subset will not cause the increase in the average amount of board-authorized total tuition and fees paid by resident undergraduate students in the 2014-2015 2015-2016 academic year to exceed the limit established in this subsection. (b) “Tuition and fee rate” means the average of full-time rates for all undergraduate classes, based on an average of the rates authorized by the university board and actually charged to students, deducting any uniformly-rebated UNIFORMLY REBATED or refunded amounts, for the 2 semesters with the highest levels of full-time equated resident undergraduate enrollment during the academic year. (c) For purposes of subdivision (a), for a public university that compels resident undergraduate students to be covered by health insurance as a condition to enroll at the university, “fee” includes the annual amount a student is charged for coverage by the university-affiliated group health insurance policy if he or she does not provide proof that he or she is otherwise covered by health insurance. This subdivision does not apply to limited subsets of resident undergraduate students to be covered by health insurance for specific reasons other than general enrollment at the university. (2) The state budget director shall implement uniform reporting requirements to ensure that a public university receiving a payment under section 265a for performance funding has satisfied the tuition restraint requirements of this section. The state budget director shall have the sole authority to determine if a public university has met the requirements of this section. Information reported by a public university to the state budget director under this subsection shall also be reported to the house and senate appropriations subcommittees on higher education and the house and senate fiscal agencies. Sec. 265a. (1) Appropriations to public universities in section 236 for fiscal year 2014-2015 2015-2016 for performance funding shall be paid only to a public university that complies with section 265 and certifies to the state budget director, the house and senate appropriations subcommittees on higher education, and the house and senate fiscal agencies by August 31, 2014 2015 that it complies with all of the following requirements: (a) The university participates in reverse transfer agreements described in section 286 with at least 3 Michigan community colleges or has made a good-faith effort to enter into reverse transfer agreements. (b) The university does not and will not consider whether dual enrollment credits earned by an incoming student were utilized towards his or her high school graduation requirements when making a determination as to whether those credits may be used by the student toward completion of a university degree or certificate program. (c) The university participates in the Michigan transfer network TRANSFER NETWORK created as part of the Michigan association of collegiate registrars and admissions officers ASSOCIATION OF COLLEGIATE REGISTRARS AND ADMISSIONS OFFICERS transfer agreement. (2) Any performance funding amounts under section 236 that are not paid to a public university because it did not comply with 1 or more requirements under subsection (1) are unappropriated and reappropriated for performance funding to those public universities that meet the requirements under subsection (1), distributed in proportion to their performance funding appropriation amounts under section 236. (3) The state budget director shall report to the house and senate appropriations subcommittees on higher education and the house and senate fiscal agencies by September 17, 2014, 30, 2015, regarding any performance funding amounts that are not paid to a public university because it did not comply with 1 or more requirements under subsection (1) and any reappropriation of funds under subsection (2). (4) Performance funding amounts described in section 236 are distributed based on the following formula: (a) Proportional to each university’s share of total operations funding appropriated in fiscal year 2010-2011, 50.0%. (A) (b) Based on weighted undergraduate completions in critical skills areas, 11.1%.22.2%. (B) (c) Based on research and development expenditures, for universities classified in Carnegie classifications as doctoral/ research universities, research universities (high research activity), or research universities (very high research activity) only, 5.6%.11.1%. (C) (d) Based on 6-year graduation rate, total degree completions, and institutional support as a percentage of core expenditures, and THE PERCENTAGE OF students receiving Pell grants, scored against national Carnegie classification peers and weighted by total undergraduate fiscal year equated students, 33.3%.66.7%. (5) For purposes of determining the score of a university under subsection (4)(d), (4)(C), each university is assigned 1 of the following scores: (a) A university classified as in the top 20%, a score of 3. (b) A university classified as above national median, a score of 2. (c) A university classified as improving, a score of 2. It is the intent of the legislature that, beginning in the 2015-2016 2016‑2017 state fiscal year, a university classified as improving is assigned a score of 1. (d) A university that is not included in subdivision (a), (b), or (c), a score of 0. 1168 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 (6) For purposes of this section, “Carnegie classification” shall mean the basic classification of the university according to the most recent version of the Carnegie classification of institutions of higher education, published by the Carnegie foundation for the advancement of teaching.FOUNDATION FOR THE ADVANCEMENT OF TEACHING. Sec. 267. All public universities shall submit the amount of tuition and fees actually charged to a full-time resident undergraduate student for academic year 2014-2015 2015-2016 as part of their higher education institutional data inventory (HEIDI) data by August 31 of each year. A public university shall report any revisions for any semester of the reported academic year 2014-2015 2015-2016 tuition and fee charges to HEIDI within 15 days of being adopted. Sec. 268. (1) For the fiscal year ending September 30, 2014, 2016, it is the intent of the legislature that funds be allocated for unfunded North American Indian tuition waiver costs incurred by public universities under 1976 PA 174, MCL 390.1251 to 390.1253, from the general fund. (2) Appropriations in section 236(8)(f) for North American Indian tuition waivers shall be paid to universities under section 2a of 1976 PA 174, MCL 390.1252a. Allocations shall be adjusted for amounts included in university operations appropriations. If funds are insufficient to support the entire cost of waivers, amounts shall be prorated. (2) (3) By February 15 of each year, the department of civil rights shall annually submit to the state budget director, the house and senate appropriations subcommittees on higher education, and the house and senate fiscal agencies a report on North American Indian tuition waivers for the preceding fiscal year that includes, but is not limited to, all of the following information for each postsecondary institution: (a) The total number of waiver applications. (b) The total number of waivers granted and the monetary value of each waiver. (c) The number of students who withdraw from classes. (d) The number of students who successfully complete a degree or certificate program and the 6-year graduation rate. (3) A PUBLIC UNIVERSITY THAT RECEIVES FUNDS UNDER SECTION 236 SHALL PROVIDE TO THE DEPARTMENT OF CIVIL RIGHTS ANY INFORMATION NECESSARY FOR PREPARING THE REPORT DETAILED IN SUBSECTION (2). Sec. 269. For fiscal year 2014-2015, 2015-2016, from the amount appropriated in section 236 to Central Michigan University for operations, $29,700.00 shall be paid to Saginaw Chippewa Tribal College for the costs of waiving tuition for North American Indians under 1976 PA 174, MCL 390.1251 to 390.1253. Sec. 270. For fiscal year 2014-2015 2015-2016, from the amount appropriated in section 236 to Lake Superior State University for operations, $100,000.00 shall be paid to Bay Mills Community College for the costs of waiving tuition for North American Indians under 1976 PA 174, MCL 390.1251 to 390.1253. Sec. 274. It is the intent of the legislature that public and private organizations that conduct human embryonic stem cell derivation subject to section 27 of article I of the state constitution of 1963 will provide information to the director of the department of community health AND HUMAN SERVICES by December 1, 2014 2015 that includes all of the following: (a) Documentation that the organization conducting human embryonic stem cell derivation is conducting its activities in compliance with the requirements of section 27 of article I of the state constitution of 1963 and all relevant national institutes of health NATIONAL INSTITUTES OF HEALTH guidelines pertaining to embryonic stem cell derivation. (b) A list of all human embryonic stem cell lines submitted by the organization to the national institutes of health NATIONAL INSTITUTES OF HEALTH for inclusion in the human embryonic stem cell registry HUMAN EMBRYONIC STEM CELL REGISTRY before and during fiscal year 2013-2014, 2014-2015, and the status of each submission as approved, pending approval, or review completed but not yet accepted. (c) Number of human embryonic stem cell lines derived and not submitted for inclusion in the human embryonic stem cell registry, HUMAN EMBRYONIC STEM CELL REGISTRY, before and during fiscal year 2013-2014.2014-2015. SEC. 274C. BY FEBRUARY 1, 2016, EACH UNIVERSITY RECEIVING FUNDS UNDER SECTION 236 SHALL REPORT TO THE SENATE AND HOUSE APPROPRIATIONS SUBCOMMITTEES ON HIGHER EDUCATION, THE SENATE AND HOUSE FISCAL AGENCIES, AND THE STATE BUDGET DIRECTOR ON ITS EFFORTS TO DEVELOP AND IMPLEMENT SEXUAL ASSAULT RESPONSE TRAINING FOR THE UNIVERSITY’S TITLE IX COORDINATOR, CAMPUS LAW ENFORCEMENT PERSONNEL, CAMPUS PUBLIC SAFETY PERSONNEL, AND ANY OTHER CAMPUS PERSONNEL CHARGED WITH RESPONDING TO ON-CAMPUS INCIDENTS, INCLUDING INFORMATION ON SEXUAL ASSAULT RESPONSE TRAINING MATERIALS AND THE STATUS OF IMPLEMENTING SEXUAL ASSAULT RESPONSE TRAINING FOR CAMPUS PERSONNEL. Sec. 276. (1) Included in the appropriation for fiscal year 2014-2015 2015-2016 for each public university in section 236 is funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks future faculty program that is intended to increase the pool of academically or economically disadvantaged candidates pursuing faculty teaching careers in postsecondary education. Preference may not be given to applicants on the basis of race, color, ethnicity, gender, or national origin. Institutions should encourage applications from applicants who would otherwise not adequately be represented in the graduate student and faculty populations. Each public university shall apply the percentage change applicable to every public university in the calculation of appropriations in section 236 to the amount of funds allocated to the future faculty program. (2) The program shall be administered by each public university in a manner prescribed by the workforce development agency. The workforce development agency shall use a good faith effort standard to evaluate whether a fellowship is in default. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1169 Sec. 277. (1) Included in the appropriation for fiscal year 2014-2015 2015-2016 for each public university in section 236 is funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks college day program that is intended to introduce academically or economically disadvantaged schoolchildren to the potential of a college education. Preference may not be given to participants on the basis of race, color, ethnicity, gender, or national origin. Public universities should encourage participation from those who would otherwise not adequately be represented in the student population. (2) Individual program plans of each public university shall include a budget of equal contributions from this program, the participating public university, the participating school district, and the participating independent degree-granting college. College day funds shall not be expended to cover indirect costs. Not more than 20% of the university match shall be attributable to indirect costs. Each public university shall apply the percentage change applicable to every public university in the calculation of appropriations in section 236 to the amount of funds allocated to the college day program. (3) The program described in this section shall be administered by each public university in a manner prescribed by the workforce development agency. Sec. 278. (1) Included in section 236 for fiscal year 2014-2015 2015-2016 is funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks select student support services program for developing academically or economically disadvantaged student retention programs for 4-year public and independent educational institutions in this state. Preference may not be given to participants on the basis of race, color, ethnicity, gender, or national origin. Institutions should encourage participation from those who would otherwise not adequately be represented in the student population. (2) An award made under this program to any 1 institution shall not be greater than $150,000.00, and the amount awarded shall be matched on a 70% state, 30% college or university basis. (3) The program described in this section shall be administered by the workforce development agency. Sec. 279. (1) Included in section 236 for fiscal year 2014-2015 2015-2016 is funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks college/university partnership program between 4-year public and independent colleges and universities and public community colleges, which is intended to increase the number of academically or economically disadvantaged students who transfer from community colleges into baccalaureate programs. Preference may not be given to participants on the basis of race, color, ethnicity, gender, or national origin. Institutions should encourage participation from those who would otherwise not adequately be represented in the transfer student population. (2) The grants shall be made under the program described in this section to Michigan public and independent colleges and universities. An award to any 1 institution shall not be greater than $150,000.00, and the amount awarded shall be matched on a 70% state, 30% college or university basis. (3) The program described in this section shall be administered by the workforce development agency. Sec. 280. (1) Included in the appropriation for fiscal year 2014-2015 2015-2016 for each public university in section 236 is funding for the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks visiting professors program which is intended to increase the number of instructors in the classroom to provide role models for academically or economically disadvantaged students. Preference may not be given to participants on the basis of race, color, ethnicity, gender, or national origin. Public universities should encourage participation from those who would otherwise not adequately be represented in the student population. (2) The program described in this section shall be administered by the workforce development agency. Sec. 281. (1) Included in the appropriation for fiscal year 2014-2015 2015-2016 in section 236 is funding under the Martin Luther King, Jr. - Cesar Chavez - Rosa Parks initiative for the Morris Hood, Jr. educator development program which is intended to increase the number of academically or economically disadvantaged students who enroll in and complete K-12 teacher education programs at the baccalaureate level. Preference may not be given to participants on the basis of race, color, ethnicity, gender, or national origin. Institutions should encourage participation from those who would otherwise not adequately be represented in the teacher education student population. (2) The program described in this section shall be administered by each state-approved teacher education institution in a manner prescribed by the workforce development agency. (3) Approved teacher education institutions may and are encouraged to use student support services funding in coordination with the Morris Hood, Jr. funding to achieve the goals of the program described in this section. Sec. 282. Each institution receiving funds FOR FISCAL YEAR 2015-2016 under section 278, 279, or 281 shall notify the workforce development agency by April 15, of each year 2016 as to whether it will expend by the end of its fiscal year the funds received under section 278, 279, or 281. Notwithstanding the award limitations in sections 278 and 279, the amount of funding reported as not being expended will be reallocated to the institutions that intend to expend all funding received under section 278, 279, or 281. Sec. 283. (1) From the amount appropriated in section 236, the public universities shall systematically inform Michigan high schools regarding the academic status of students from each high school in a manner prescribed by the presidents council, state universities PRESIDENTS COUNCIL, STATE UNIVERSITIES of Michigan in cooperation with the Michigan association of secondary school principals. ASSOCIATION OF SECONDARY SCHOOL PRINCIPALS. Public universities shall also work with the center for educational performance and information to maintain a systematic approach for accomplishing this task. (2) Michigan high schools shall systematically inform the public universities about the use of information received under this section in a manner prescribed by the Michigan association of secondary school principals ASSOCIATION OF SECONDARY 1170 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 SCHOOL PRINCIPALS in cooperation with the presidents council, state universities PRESIDENTS COUNCIL, STATE UNIVERSITIES of Michigan. Sec. 284. From the amount appropriated in section 236, the public universities shall inform Michigan community colleges regarding the academic status of community college transfer students in a manner prescribed by the presidents council, state universities PRESIDENTS COUNCIL, STATE UNIVERSITIES of Michigan in cooperation with the Michigan community college association. COMMUNITY COLLEGE ASSOCIATION. Public universities shall also work with the center for educational performance and information to maintain a systematic approach for accomplishing this task. Sec. 286. It is the intent of the legislature that public PUBLIC universities SHALL work with community colleges in the state to implement statewide reverse transfer agreements to increase the number of students that are awarded credentials of value upon completion of the necessary credits. It is the intent of the legislature that these THESE statewide agreements shall enable students who have earned a significant number of credits at a community college and transfer to a baccalaureate granting institution before completing a degree to transfer the credits earned at the baccalaureate institution back to the community college in order to be awarded a credential of value. Enacting section 1. (1) In accordance with section 30 of article IX of the state constitution of 1963, total state spending from state sources on school aid for fiscal year 2014-2015 under article I of the state school aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1772, as amended by 2014 PA 196, 2015 PA 5, and this amendatory act, is estimated at $11,865,797,400.00 and state appropriations for school aid to be paid to local units of government for fiscal year 2014-2015 are estimated at $11,714,612,100.00. In accordance with section 30 of article IX of the state constitution of 1963, total state spending from state sources on school aid for fiscal year 2015-2016 under article I of the state school aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1772, as amended by this amendatory act, is estimated at $12,120,560,100.00 and state appropriations for school aid to be paid to local units of government for fiscal year 2015-2016 are estimated at $11,962,930,600.00. (2) In accordance with section 30 of article IX of the state constitution of 1963, total state spending from state sources for community colleges for fiscal year 2015-2016 under article II of the state school aid act of 1979, 1979 PA 94, MCL 388.1801 to 388.1830, as amended by this amendatory act, is estimated at $387,825,600.00 and the amount of that state spending from state sources to be paid to local units of government for fiscal year 2015-2016 is estimated at $387,825,600.00. (3) In accordance with section 30 of article IX of the state constitution of 1963, total state spending from state sources for higher education for fiscal year 2015-2016 under article III of the state school aid act of 1979, 1979 PA 94, MCL 388.1836 to 388.1893, as amended by this amendatory act, is estimated at $1,437,698,000.00 and the amount of that state spending from state sources to be paid to local units of government for fiscal year 2015-2016 is estimated at $0.00. Enacting section 2. Sections 12, 22c, 22f, 22j, 31b, 32r, 64c, 64d, 74a, 99, 99b, 147d, 213, 259, 262a, 272a, 273, and 274a of the state school aid act of 1979, 1979 PA 94, MCL 388.1612, 388.1622c, 388.1622f, 388.1622j, 388.1631b, 388.1632r, 388.1664c, 388.1664d, 388.1674a, 388.1699, 388.1699b, 388.1747d, 388.1813, 388.1859, 388.1862a, 388.1872a, 388.1873, and 388.1874a, are repealed effective October 1, 2015. Enacting section 3. (1) Except as otherwise provided in subsection (2), this amendatory act takes effect October 1, 2015. (2) Sections 11, 11m, 11r, 15, 18a, 22a, 22b, 51a, 51c, and 95a of the state school aid act of 1979, 1979 PA 94, MCL 388.1611, 388.1611m, 388.1611r, 388.1615, 388.1618a, 388.1622a, 388.1622b, 388.1651a, 388.1651c, and 388.1695a, as amended by this amendatory act, take effect upon enactment of this amendatory act. Third: That the House and Senate agree to the title of the bill to read as follows: A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 6, 8b, 11, 11a, 11j, 11k, 11m, 11r, 15, 18, 18a, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22g, 22i, 23a, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 41, 43, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b, 74, 81, 94, 94a, 95a, 98, 99h, 101, 104, 104b, 104c, 107, 147, 147a, 147c, 152a, 163, 201, 201a, 206, 207a, 207b, 207c, 209, 210, 210b, 217, 222, 225, 226, 229, 229a, 230, 236, 236a, 236b, 236c, 241, 244, 246, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, 284, and 286 (MCL 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611r, 388.1615, 388.1618, 388.1618a, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622g, 388.1622i, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625e, 388.1625f, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1639, 388.1639a, 388.1641, 388.1643, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1664b, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699h, 388.1701, 388.1704, 388.1704b, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1763, 388.1801, 388.1801a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810, 388.1810b, 388.1817, 388.1822, 388.1825, 388.1826, 388.1829, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1841, 388.1844, 388.1846, 388.1852, 388.1856, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, and 388.1886), sections 6, 8b, 11a, 11j, 11k, 15, 20, 20d, 20f, 20g, 21f, 22d, 22g, 22i, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1171 32p, 39, 39a, 41, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 98, 99h, 101, 104, 104b, 107, 147, 147a, 152a, 163, 201a, 206, 209, 210b, 217, 225, 229, 229a, 230, 236a, 236b, 236c, 241, 246, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 11r, 43, 64b, 95a, 104c, 207a, 207b, and 207c as added by 2014 PA 196, sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 201, and 236 as amended by 2015 PA 5, section 18a as amended by 2004 PA 351, section 23a as added by 2012 PA 465, sections 210 and 244 as amended by 2013 PA 60, and sections 222, 226, and 286 as amended by 2012 PA 201, and by adding sections 25g, 31c, 31h, 35, 35a, 55, 61b, 65, 67, 77, 99c, 99s, 102d, 104d, 210c, 210d, 230a, and 274c; and to repeal acts and parts of acts. Al Pscholka Jon Bumstead Harvey Santana Conferees for the House Arlan B. Meekhof Dave Hildenbrand Conferees for the Senate he question being on the adoption of the conference report, T The first conference report was adopted, a majority of the members serving voting therefor, as follows: Roll Call No. 262 Yeas—24 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Emmons Knollenberg O’Brien Shirkey Green Kowall Pavlov Stamas Hansen MacGregor Proos Zorn Nays—14 Ananich Hertel Jones Smith Bieda Hood Knezek Warren Colbeck Hopgood Rocca Young Gregory Johnson Excused—0 Not Voting—0 In The Chair: President enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. Protest Senator Hopgood, under his constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of the first conference report on House Bill No. 4115 and moved that the statement he made during the discussion of the conference report be printed as his reasons for voting “no.” The motion prevailed. 1172 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 enator Hopgood’s statement is as follows: S I want to start off by agreeing with a lot of the highlights that the previous speaker, the Senator from the 34th District, outlined. There are many elements of this budget bill that are good, including the efforts to support at-risk funding to help students succeed and the early literacy initiatives that worked their way through the budget and the Legislature. So there are some good elements to this budget; there is no question about that. The main problem that we have before us is the continued diversion of money away from K-12 from the School Aid Fund. Quite frankly, this is something that has been ongoing, and we all have expressed interest and concern about it and want to reduce the amount of money that is diverted from K-12 education. Unfortunately, we just aren’t getting it done. Therefore, I have to give my “no” vote explanation and ask members to withhold their support of this budget. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar: House Bill No. 4434 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: House Bill No. 4434, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 117a (MCL 400.117a), as amended by 2014 PA 520. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 263 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The President pro tempore, Senator Schuitmaker, assumed the Chair. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1173 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. By unanimous consent the Senate returned to the order of Messages from the House Senator Kowall moved that rule 3.202 be suspended to permit immediate consideration of the following bill: Senate Bill No. 329 The motion prevailed, a majority of the members serving voting therefor. Senate Bill No. 329, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 644f (MCL 168.644f), as amended by 2012 PA 276. The House of Representatives has substituted (H-4) the bill. The House of Representatives has passed the bill as substituted (H-4), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 264 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hertel Nays—1 Hansen Excused—0 1174 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 133, entitled A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2016 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations. (For Conference Report, see p. 838.) The House of Representatives has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate returned to the order of Resolutions enator Kowall moved that rule 3.204 be suspended to permit immediate consideration of the following resolution: S Senate Resolution No. 66 The motion prevailed, a majority of the members serving voting therefor. enators Ananich, Horn and Knezek offered the following resolution: S Senate Resolution No. 66. A resolution to support congressional H.Res. 233, expressing the sense of the United States House of Representatives that Iran should immediately release the three United States citizens that it holds, as well as provide all known information on any United States citizens that have disappeared within its borders. Whereas, Three United States citizens have been held captive in Iran, some of them for multiple years; and Whereas, One United States citizen disappeared in Iran over eight years ago; and Whereas, Iranian President Hassan Rouhani has stated that his government wishes to engage in a constructive interaction with the world; now, therefore, be it Resolved by the Senate, That we support congressional H.Res. 233, expressing the sense of the United States House of Representatives that Iran should immediately release the three United States citizens that it holds, as well as provide all known information on any United States citizens that have disappeared within its borders; and be it further Resolved, That copies of this resolution be transmitted to the U.S. Secretary of State and the members of the Michigan congressional delegation. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Veterans, Military Affairs and Homeland Security. The motion prevailed. Committee Reports he Committee on Judiciary reported T Senate Joint Resolution J, entitled A joint resolution proposing an amendment to the state constitution of 1963, by amending section 19 of article VI, to remove the age limitation from eligibility criteria for judicial office. With the recommendation that the joint resolution pass. Rick Jones Chairperson No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1175 To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The joint resolution was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 321, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 519 and 8139 (MCL 600.519 and 600.8139), section 519 as amended by 2012 PA 38. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 336, entitled A bill to prescribe the blue alert of Michigan as the official response to reports of serious injury or death of a law enforcement officer in certain circumstances; and to provide for the powers and duties of certain state and local govern­ mental officers and entities. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 351, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 914. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Bieda Nays: Senator Colbeck The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, May 26, 2015, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda he Committee on Appropriations reported T Senate Concurrent Resolution No. 15. A concurrent resolution to waive the legislative notice requirement for increases in rates of compensation for certain employees in the state classified service. 1176 JOURNAL OF THE SENATE [June 3, 2015] ( For text of resolution, see Senate Journal No. 50, p. 788.) With the recommendation that the concurrent resolution be adopted. [No. 52 David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The concurrent resolution was placed on the order of Resolutions. The Committee on Appropriations reported Senate Bill No. 343, entitled A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 41 and 41a (MCL 38.1341 and 38.1341a), as amended by 2012 PA 300. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hertel and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 4391, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec­ tions 8307a, 8308, 8310, 8310a, 8312, 8313, 8317, 8504, 8505, 8506, 8704, 8708, 8710, 8715, 8716, and 8807 (MCL 324.8307a, 324.8308, 324.8310, 324.8310a, 324.8312, 324.8313, 324.8317, 324.8504, 324.8505, 324.8506, 324.8704, 324.8708, 324.8710, 324.8715, 324.8716, and 324.8807), section 8307a as added and sections 8312 and 8313 as amended by 2002 PA 418, section 8310 as amended and section 8310a as added by 2008 PA 18, section 8317 as amended by 2012 PA 316, sections 8504 and 8505 as amended by 2014 PA 178, section 8506 as amended by 2006 PA 503, sections 8704, 8710, 8715, and 8716 as amended by 2011 PA 2, section 8708 as amended by 2013 PA 46, and section 8807 as amended by 2011 PA 1, and by adding section 8506a; and to repeal acts and parts of acts. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 4444, entitled A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100c, 100d, 134, 135, 136, 137, 138, 139, 143, 143a, 148, 149, and 149b (MCL 330.1100c, 330.1100d, 330.1134, 330.1135, 330.1136, 330.1137, 330.1138, 330.1139, 330.1143, 330.1143a, 330.1148, 330.1149, and 330.1149b), sections 100c and 100d as amended by 2014 PA 200, sections 134, 136, 143, 143a, 148, 149, and 149b as amended by 1994 PA 137, sections 135 and 139 as amended by 1995 PA 290, section 137 as amended by 2004 PA 259, and section 138 as amended by 2006 PA 207. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau Nays: Senators Hertel and Knezek The bill was referred to the Committee of the Whole. No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1177 The Committee on Appropriations reported House Bill No. 4449, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 5522 (MCL 324.5522), as amended by 2011 PA 164. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Knollenberg, Shirkey, Proos, Nofs, Green and Marleau Nays: Senator Booher The bill was referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 4451, entitled A bill to amend 1975 PA 120, entitled “Michigan commercial feed law,” by amending sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, and 15 (MCL 287.521, 287.522, 287.523, 287.524, 287.525, 287.526, 287.527, 287.528, 287.529, 287.530, 287.531, 287.532, 287.533, 287.534, and 287.535), sections 3 and 6 as amended by 1980 PA 338, and by adding sections 16, 17, 18, and 19. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 4470, entitled A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 2111, 2125, 4111, and 4113 (MCL 289.2111, 289.2125, 289.4111, and 289.4113), section 2111 as amended by 2007 PA 113, sections 2125 and 4111 as amended by 2012 PA 178, and section 4113 as amended by 2007 PA 114. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau Nays: Senators Hertel and Knezek The bill was referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 4568, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec­ tions 80130, 80315, 81114, and 82156 (MCL 324.80130, 324.80315, 324.81114, and 324.82156), as amended by 2011 PA 90. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau Nays: None The bill was referred to the Committee of the Whole. 1178 JOURNAL OF THE SENATE [June 3, 2015] [No. 52 The Committee on Appropriations reported House Bill No. 4569, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 801, 802, 803b, 803r, 804, 806, 809, 811e, and 811h (MCL 257.801, 257.802, 257.803b, 257.803r, 257.804, 257.806, 257.809, 257.811e, and 257.811h), section 801 as amended by 2012 PA 498, sections 802, 803r, 804, 806, 809, 811e, and 811h as amended by 2011 PA 159, and section 803b as amended by 2015 PA 11. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, May 27, 2015, at 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young COMMITTEE ATTENDANCE REPORT he Conference Committee on School Aid (HB 4089) submitted the following: T Meeting held on Tuesday, June 2, 2015, at 9:00 a.m., Room 426, Capitol Building Present: Senators Hansen, Pavlov and Hopgood COMMITTEE ATTENDANCE REPORT he Conference Committee on General Omnibus (SB 133) submitted the following: T Meeting held on Tuesday, June 2, 2015, at 4:30 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), Meekhof and Gregory COMMITTEE ATTENDANCE REPORT he Conference Committee on Education Omnibus (HB 4115) submitted the following: T Meeting held on Tuesday, June 2, 2015, at 4:45 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Meekhof, Hildenbrand and Gregory COMMITTEE ATTENDANCE REPORT he Committee on Finance submitted the following: T Meeting held on Wednesday, June 3, 2015, at 8:30 a.m., Room 110, Farnum Building Present: Senators Brandenburg (C), Robertson, Knollenberg, Casperson, Proos, Bieda and Warren COMMITTEE ATTENDANCE REPORT he Subcommittee on K-12, School Aid, Education submitted the following: T Joint meeting held on Wednesday, June 3, 2015, at 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hansen (C) and Pavlov Excused: Senator Hopgood No. 52] [June 3, 2015] JOURNAL OF THE SENATE 1179 Scheduled Meetings Elections and Government Reform - Thursday, June 4, 9:00 a.m., Rooms 402 and 403, Capitol Building (373-1721) Finance - Tuesday, June 16, 9:00 a.m., Room 210, Farnum Building (373-5312) Michigan State Capitol Commission - Monday, June 8, 11:00 a.m., Room H-65, Capitol Building (373-0184) Senate Fiscal Agency Board of Governors - Thursday, June 11, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Transportation - Thursday, June 4, 8:30 a.m., Room 210, Farnum Building (373-5323) Veterans, Military Affairs and Homeland Security - Thursday, June 4, 9:00 a.m., Room 110, Farnum Building (373‑5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 3:37 p.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, June 4, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1180 No. 53 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, June 4, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—excused Horn—present Hune—present Johnson—excused Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—excused Smith—present Stamas—present Warren—present Young—present Zorn—present 1182 JOURNAL OF THE SENATE [June 4, 2015] [No. 53 Senator Jim Stamas of the 36th District offered the following invocation: Dear Lord, we humbly come before You today. We ask that You first be with those who are in harm’s way. We ask that You be with each family of the Michigan residents. We ask that You be with each of us today as we continue to do the people’s work. Lord, we continue to take leadership roles and fight for protecting our communities; fight to continue to protect each of those within this great state. Lord, we humbly ask that You be with each of us. We ask that You be with those who call out Your name. In the name of Jesus Christ, Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senators Casperson, Green, Meekhof and Schmidt be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senator Shirkey be excused from today’s session. S The motion prevailed. enator Bieda moved that Senators Hood and Young be temporarily excused from today’s session. S The motion prevailed. enator Bieda moved that Senators Johnson and Hopgood be excused from today’s session. S The motion prevailed. Senators Meekhof, Schmidt, Green and Casperson entered the Senate Chamber. The following communication was received and read: Office of the Senate Majority Leader I would like Senate Bill 359 and House Bill 4544 re-referred to the Senate Committee on Finance. If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communication was referred to the Secretary for record. June 4, 2015 The following communication was received: Office of Senator Jim Marleau June 3, 2015 er Senate rule, I wish to have my name added as a co‑sponsor to Senate Bill 364 and Senate Bill 365 introduced by P Senator Tonya Schuitmaker on June 3rd, 2015. Thank you for your consideration in this matter and please contact my office if any issue were to arise. Sincerely, Jim Marleau Senator 12th District The communication was referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, June 3: House Bill Nos. 4226 4596 4597 The Secretary announced that the following bills were printed and filed on Wednesday, June 3, and are available at the Michigan Legislature website: Senate Bill No. 358 House Bill Nos. 4658 4659 4660 4661 4662 4663 4664 4665 4666 4667 4668 4669 4670 4671 4672 4673 4674 4675 4676 4677 No. 53] [June 4, 2015] JOURNAL OF THE SENATE 1183 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Knezek as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4468, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” (MCL 259.1 to 259.208) by amending the title, as amended by 2002 PA 90, and by adding chapter VIIA. Senate Bill No. 321, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 519 and 8139 (MCL 600.519 and 600.8139), section 519 as amended by 2012 PA 38. Senate Bill No. 336, entitled A bill to prescribe the blue alert of Michigan as the official response to reports of serious injury or death of a law enforcement officer in certain circumstances; and to provide for the powers and duties of certain state and local governmental officers and entities. Senate Bill No. 351, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 914. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 305, entitled A bill to prohibit political subdivisions in this state from imposing certain restrictions on the transportation, possession, carrying, sale, transfer, purchase, gift, devise, licensing, registration, or use of knives or components of knives; and to repeal acts and parts of acts. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4245, entitled A bill to amend 1986 PA 54, entitled “Building officials and inspectors registration act,” by amending sections 7, 9, and 12 (MCL 338.2307, 338.2309, and 338.2312), section 9 as amended by 2013 PA 150. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senators Hood and Young entered the Senate Chamber. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the following bill be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 328 The motion prevailed. 1184 JOURNAL OF THE SENATE [June 4, 2015] [No. 53 The following bill was read a third time: Senate Bill No. 328, entitled A bill to amend 1935 PA 59, entitled “An act to provide for the public safety; to create the Michigan state police, and provide for the organization thereof; to transfer thereto the offices, duties and powers of the state fire marshal, the state oil inspector, the department of the Michigan state police as heretofore organized, and the department of public safety; to create the office of commissioner of the Michigan state police; to provide for an acting commissioner and for the appointment of the officers and members of said department; to prescribe their powers, duties, and immunities; to provide the manner of fixing their compensation; to provide for their removal from office; and to repeal Act No. 26 of the Public Acts of 1919, being sections 556 to 562, inclusive, of the Compiled Laws of 1929, and Act No. 123 of the Public Acts of 1921, as amended, being sections 545 to 555, inclusive, of the Compiled Laws of 1929,” by amending section 8 (MCL 28.8). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 265 Yeas—35 Ananich Hansen Kowall Rocca Bieda Hertel MacGregor Schmidt Booher Hildenbrand Marleau Schuitmaker Brandenburg Hood Meekhof Smith Casperson Horn Nofs Stamas Colbeck Hune O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Knollenberg Robertson Nays—0 Excused—3 Hopgood Johnson Shirkey Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following concurrent resolution be postponed for today: S House Concurrent Resolution No. 3 The motion prevailed. enator Hildenbrand offered the following resolution: S Senate Resolution No. 67. A resolution to commemorate June 8, 2015, as Barbershop Harmony Day. Whereas, The Society for the Preservation and Encouragement of Barber Shop Quartet Singing in America, Inc. (SPEBSQSA), known now as the Barbershop Harmony Society, was officially organized on April 11, 1938, in Tulsa, Oklahoma; and No. 53] [June 4, 2015] JOURNAL OF THE SENATE 1185 Whereas, On June 8, 1940, the Pioneer District, which exclusively covers the state of Michigan, was the Barbershop Harmony Society’s first district to formally organize; and Whereas, What began as a small group has steadily blossomed into the world’s largest all-male singing organization, an international organization of men from all stations of life; and Whereas, The Barbershop Harmony Society is dedicated to the spread of harmony for the enjoyment of all people of the world through organizing and encouraging close-harmony singing groups; and Whereas, The Barbershop Harmony Society encourages harmony amongst all people of the world through the universal language of music and has actively preserved and presented a distinct style of vocal music that originated in North America. The group is dedicated to sustaining and preserving the American tradition of the barbershop quartet and promotes musical education through music scholarships, charitable foundations, and other means; and Whereas, Barbershoppers are engaged in laudable civic service and enrichment of our cultural life through the fostering of traditional values in entertainment and community endeavors; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate June 8, 2015, as Barbershop Harmony Day in the state of Michigan. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Booher, Hansen, Kowall, Marleau, Proos, Robertson, Schmidt and Zorn were named co‑sponsors of the resolution. Introduction and Referral of Bills Senators Nofs, Pavlov, Gregory, Schuitmaker, Knezek, Emmons, Marleau, Jones, Booher, Robertson, Brandenburg and Proos introduced Senate Bill No. 367, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811jj. The bill was read a first and second time by title and referred to the Committee on Transportation. Senators Horn, Nofs, Bieda, Gregory, Hansen, Knezek, Marleau, Jones and Zorn introduced Senate Bill No. 368, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2012 PA 597. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Schmidt, Booher, Brandenburg and O’Brien introduced Senate Bill No. 369, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4o (MCL 205.94o), as amended by 2012 PA 474. The bill was read a first and second time by title and referred to the Committee on Commerce. Senators Brandenburg, Schmidt, Booher and O’Brien introduced Senate Bill No. 370, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4t (MCL 205.54t), as amended by 2010 PA 116. The bill was read a first and second time by title and referred to the Committee on Commerce. Senator Bieda introduced Senate Bill No. 371, entitled A bill to prohibit the sale, purchase, barter, or possession with intent to sell of ivory or rhinoceros horn or products thereof; to authorize the issuance of permits; to provide for the powers and duties of state governmental officers and agencies; to require the seizure of certain items and provide for their disposition; and to provide for penalties and remedies. The bill was read a first and second time by title and referred to the Committee on Natural Resources. 1186 JOURNAL OF THE SENATE [June 4, 2015] [No. 53 Senators Zorn, Horn, Hansen, Marleau, Jones, O’Brien, Schmidt, Nofs, Knezek, Hune and Ananich introduced Senate Bill No. 372, entitled A bill to amend 1966 PA 291, entitled “Firefighters training council act,” by amending section 9 (MCL 29.369), as amended by 2013 PA 166. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senator Young introduced Senate Bill No. 373, entitled A bill to amend 2014 PA 138, entitled “Workforce opportunity wage act,” by amending section 4d (MCL 408.414d). The bill was read a first and second time by title and referred to the Committee on Commerce. Senators Hertel, Gregory, Warren and Marleau introduced Senate Bill No. 374, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5101 (MCL 333.5101), as amended by 2010 PA 119. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators MacGregor, Hertel, Gregory, Warren and Marleau introduced Senate Bill No. 375, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5111 (MCL 333.5111), as amended by 2010 PA 119. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators Knezek, Hertel, Gregory, Warren and Marleau introduced Senate Bill No. 376, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5117 (MCL 333.5117), as amended by 2010 PA 119. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators Schmidt, Hertel, Gregory, Warren and Marleau introduced Senate Bill No. 377, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5119 (MCL 333.5119), as amended by 2000 PA 209. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators O’Brien, Hertel, Gregory, Warren and Marleau introduced Senate Bill No. 378, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5121 (MCL 333.5121), as added by 1988 PA 491. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators Warren, Hertel, Gregory and Marleau introduced Senate Bill No. 379, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5123 (MCL 333.5123), as amended by 1994 PA 200. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators Marleau, Hertel, Gregory and Warren introduced Senate Bill No. 380, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5127 (MCL 333.5127), as added by 1988 PA 491. The bill was read a first and second time by title and referred to the Committee on Health Policy. No. 53] [June 4, 2015] JOURNAL OF THE SENATE 1187 Senators Young, Hertel, Gregory, Warren and Marleau introduced Senate Bill No. 381, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5129 (MCL 333.5129), as amended by 2014 PA 321. The bill was read a first and second time by title and referred to the Committee on Health Policy. House Bill No. 4226, entitled A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending section 12b (MCL 125.2162b), as added by 2008 PA 104. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment. House Bill No. 4596, entitled A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 24 (MCL 169.224), as amended by 1999 PA 237. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. House Bill No. 4597, entitled A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 33 (MCL 169.233), as amended by 2013 PA 252. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Committee Reports The Committee on Appropriations reported Senate Bill No. 358, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1531 and 1531i (MCL 380.1531 and 380.1531i), section 1531 as amended by 2007 PA 32 and section 1531i as added by 2009 PA 202. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Hopgood, Hertel and Knezek Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 4447, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 6237, 6238, 20104, 20106, 20145, 20155, 20161, 20501, 20521, and 20551 (MCL 333.6237, 333.6238, 333.20104, 333.20106, 333.20145, 333.20155, 333.20161, 333.20501, 333.20521, and 333.20551), sections 6237 and 6238 as amended by 2012 PA 501, section 20104 as amended by 2010 PA 381, section 20106 as amended by 2014 PA 449, section 20145 as amended by 2004 PA 469, section 20155 as amended by 2012 PA 322, and section 20161 as amended by 2013 PA 137; and to repeal acts and parts of acts. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson 1188 JOURNAL OF THE SENATE [June 4, 2015] [No. 53 To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel and Knezek Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, June 3, 2015, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Scheduled Meetings Economic Development and International Investment - Thursday, June 11, 1:30 p.m., Room 210, Farnum Building (373-5312) Education - Tuesday, June 9, 8:30 a.m., Room 110, Farnum Building (373-5314) Finance - Tuesday, June 16, 9:00 a.m., Room 210, Farnum Building (373-5312) Local Government - Tuesday, June 9, 10:30 a.m., Room 100, Farnum Building (373-5323) Michigan State Capitol Commission - Monday, June 8, 11:00 a.m., Room H-65, Capitol Building (373-0184) Senate Fiscal Agency Board of Governors - Thursday, June 11, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:26 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, June 9, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 54 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, June 9, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—excused Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1190 JOURNAL OF THE SENATE [June 9, 2015] [No. 54 astor Dan Lewis of Troy Christian Chapel of Troy offered the following invocation: P In the name of God, our gracious Father, there is no God like You in heaven or on earth. You are a God of not merely power, but of faithfulness; not only of justice, but of compassion. God, we know very well that the course of human events and public leadership is marked by both fulfillment and failure. May we learn from both. In those moments of triumph, may we clearly see that humility, not pride, is the best response. For who has anything that he has not received, and where is the success that is not the result of the strivings of many? In our times of shortfall, may we realize that we are called to depend upon Your divine mercy which is abundant and free. Who among us has not felt the need for grace in the face of human limitation? So on this day, June 9, we sincerely ask for Your guidance in the affairs of this state. May those who lead us lead well; may those who make decisions act in wisdom; and may those for whom these deliberations will become reality unite in their support for the good of all. May every eye be raised toward You whose eyes are upon us all. With reverent hearts and submitted minds, we ask for Your blessing, for from You, through You, and to You are all things. In the name of Christ Jesus our Lord, Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senator Casperson be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senator Brandenburg be excused from today’s session. S The motion prevailed. The following communication was received: Office of Senator Tonya Schuitmaker Please list me as a co‑sponsor of Senate Bills 344 and 345 of 2015. The communication was referred to the Secretary for record. June 3, 2015 Sincerely, Tonya Schuitmaker State Senator 26th District The Secretary announced that the following House bills were received in the Senate and filed on Thursday, June 4: House Bill Nos. 4499 4500 4503 4504 4505 4506 4507 4508 The Secretary announced the enrollment printing and presentation to the Governor on Thursday, June 4, for his approval the following bills: Enrolled Senate Bill No. 9 at 11:18 a.m. Enrolled Senate Bill No. 196 at 11:20 a.m. Enrolled Senate Bill No. 329 at 4:43 p.m. The Secretary announced the enrollment printing and presentation to the Governor on Monday, June 8, for his approval the following bills: Enrolled Senate Bill No. 304 at 2:04 p.m. Enrolled Senate Bill No. 100 at 2:06 p.m. The Secretary announced that the following bills were printed and filed on Thursday, June 4, and are available at the Michigan Legislature website: Senate Bill Nos. 356 357 359 360 361 362 363 364 365 366 House Bill Nos. 4678 4679 The Secretary announced that the following bills were printed and filed on Friday, June 5, and are available at the Michigan Legislature website: Senate Bill Nos. 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 House Bill Nos. 4680 4681 4682 4683 4684 4685 4686 4687 No. 54] [June 9, 2015] JOURNAL OF THE SENATE 1191 Senator Kowall moved that the rules be suspended and that the following resolution, now on Committee Reports, be placed on the Resolutions calendar for consideration today: Senate Resolution No. 66 The motion prevailed, a majority of the members serving voting therefor. Messages from the Governor The following messages from the Governor were received: Date: June 3, 2015 Time: 9:38 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 139 (Public Act No. 42), being An act to amend 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” by amending section 1272b (MCL 380.1272b). (Filed with the Secretary of State on June 3, 2015, at 4:40 p.m.) Date: June 5, 2015 Time: 8:59 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 329 (Public Act No. 43), being An act to amend 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending section 644f (MCL 168.644f), as amended by 2012 PA 276. (Filed with the Secretary of State on June 5, 2015, at 1:00 p.m.) Respectfully, Rick Snyder Governor The following messages from the Governor were received and read: June 4, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Apple Committee Mark W. Youngquist of 11711 Fruit Ridge Avenue, Kent City, Michigan 49330, county of Kent, representing District 3, succeeding himself, is reappointed for a term expiring April 1, 2018. Robert E. Gregory of 4042 E. Whaleback Mountain Road, Leland, Michigan 49654, county of Leelanau, representing District 6, succeeding himself, is reappointed for a term expiring April 1, 2018. June 5, 2015 I respectfully submit to the Senate the following appointments to office: State Board of Accountancy Amna P. Seibold of 2809 Woodcliff Circle, S.E., East Grand Rapids, Michigan 49506, county of Kent, representing the general public, succeeding herself, is reappointed for a term expiring June 30, 2019. 1192 JOURNAL OF THE SENATE [June 9, 2015] [No. 54 Kathleen A. Post of 11431 Auburndale Street, Livonia, Michigan 48150, county of Wayne, representing certified public accountants, succeeding herself, is reappointed for a term expiring June 30, 2019. June 5, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Board of Counseling Diane L. Parfitt of 960 Sherman Street, Ypsilanti, Michigan 48197, county of Washtenaw, representing individuals engaged primarily in providing counseling techniques, behavior modification techniques or preventative techniques to clients, succeeding herself, is reappointed for a term expiring June 30, 2019. Patrick Munley of 5262 Whippoorwill Drive, Kalamazoo, Michigan 49009, county of Kalamazoo, representing individuals engaged primarily in teaching, training, or research in counseling, succeeding himself, is reappointed for a term expiring June 30, 2019. June 5, 2015 I respectfully submit to the Senate the following appointments to office: Firefighters Training Council Aileen Pettinger of 2604 Warwick Street, Saginaw, Michigan 48602, county of Saginaw, representing the Michigan Professional Fire Fighters Union, succeeding herself, is reappointed for a term expiring December 31, 2018. Timothy A. James of 458 S. Main Street, Vermontville, Michigan 49096, county of Eaton, representing the Michigan Association of Fire Chiefs, succeeding himself, is reappointed for a term expiring December 31, 2018. Brian K. Blomstrom of 6170 W. Peck Road, Sheridan, Michigan 48884, county of Montcalm, representing the Michigan Fire Services Instructors Association, succeeding himself, is reappointed for a term expiring December 31, 2018. Chad Merl-John Tackett of 1597 Woodlea Drive, Otsego, Michigan 48078, county of Allegan, representing the Michigan Association of Fire Chiefs, succeeding himself, is reappointed for a term expiring December 31, 2018. Terrence A. Blackmer of 5927 Treasure Road, Mayville, Michigan 48744, county of Tuscola, representing the Michigan State Firemen’s Association, succeeding Steve Richardson, is appointed for a term expiring December 31, 2018. Joel Hondorp of 8221 Freeland Avenue S.W., Byron Center, Michigan 49315, county of Kent, representing the Michigan Townships Association, succeeding David Purchase, is appointed for a term expiring December 31, 2018. June 5, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Interagency Council on Homelessness Dennis S. Sturtevant of 11017 Spit Oak Drive, West Olive, Michigan 49460, county of Ottawa, representing the general public, is appointed for a term expiring January 31, 2017. Dean V. Kimmith of 3038 Westchester Road, Lansing, Michigan 48911, county of Ingham, designee of the Director of the Department of Technology, Management and Budget, is appointed for a term expiring January 31, 2017. Kristina Leonardi of 4101 Winter Hue Lane, Davison, Michigan 48423, county of Genesee, designee of the Director of the Department of Military and Veterans Affairs, is appointed for a term expiring January 31, 2017. Kelly Rose of 13013 Schavey Road, DeWitt, Michigan 48820, county of Clinton, designee of the Director of the Michigan State Housing Development Authority, is appointed for a term expiring January 31, 2017. Patrick J. Patterson of 303 W. Geneva Drive, DeWitt, Michigan 48820, county of Clinton, representing the general public, is appointed for a term expiring January 31, 2018. Kristin A. Brady of 10720 Craig Road, Traverse City, Michigan 49689, county of Grand Traverse, representing the general public, is appointed for a term expiring January 31, 2018. Colleen A. O’Brien of 6481 Enclave Drive, Clarkston, Michigan 48348, county of Oakland, representing the courts, is appointed for a term expiring January 31, 2018. Michael W. Radke of 1824 Shadywood Lane, Okemos, Michigan 48864, county of Ingham, designee of the Director of Education, is appointed for a term expiring January 31, 2018. Mark H. Hoffman of 816 Cindy Lane, Mason, Michigan 48854, county of Ingham, designee of the Department of Natural Resources, is appointed for a term expiring January 31, 2018. Philip M. Cavanagh of 12126 Cenralia Road, Redford, Michigan 48239, county of Wayne, representing the courts, is appointed for a term expiring January 31, 2019. Tom Combs of 4230 Petrel Road, Highland, Michigan 48357, county of Oakland, designee of the Director of the Depart­ ment of Corrections, is appointed for a term expiring January 31, 2019. Janet L. Kaley of 126 Loree Drive, East Lansing, Michigan 48823, county of Ingham, designee of the Executive Director of the Children’s Services Agency, is appointed for a term expiring January 31, 2019. Paula Kaiser VanDam of 3839 Caracara Lane, East Lansing, Michigan 48823, county of Ingham, designee of the Director of the Department of Health and Human Services, is appointed for a term expiring January 31, 2019. No. 54] [June 9, 2015] JOURNAL OF THE SENATE 1193 June 5, 2015 I respectfully submit to the Senate the following appointments to office: Board of Examiners in Mortuary Science Rodney C. Wakeman of 4231 Ann Street, Saginaw, Michigan 48603, county of Saginaw, representing professionals, succeeding himself, is reappointed for a term expiring June 30, 2019. Stephen J. Linder of 2550 Dustin Road, Okemos, Michigan 48864, county of Ingham, representing the general public, succeeding himself, is reappointed for a term expiring June 30, 2019. June 5, 2015 I respectfully submit to the Senate the following appointments to office: Underground Storage Tank Authority Board John M. Dimmick of 57276 Sodaman Street, Marcellus, Michigan 49067, county of Cass, representing individuals from independent petroleum marketers, is appointed for a term expiring May 25, 2016. Grenetta Thomassey of 894 Bren Del Drive, Petoskey, Michigan 49770, county of Emmet, representing individuals from a statewide environmental organization, is appointed for a term expiring May 25, 2016. Bilal Saad of 19517 Parke Lane, Grosse Ile, Michigan 48138, county of Wayne, representing individuals from a statewide motor fuel retail association, is appointed for a term expiring May 25, 2017. Juman Doleh-Alomary of 2173 Stonebridge Way, Canton, Michigan 48188, county of Wayne, representing the general public, is appointed for a term expiring May 25, 2017. Greg Gould of 15980 Gary Lane, Livonia, Michigan 48154, county of Wayne, representing petroleum refiners, is appointed for a term expiring May 25, 2018. Brian D. Eggers, Sr., of 693 S. Linwood Beach Road, Linwood, Michigan 48634, county of Bay, representing individuals from a statewide business association that includes owners or operators of refined petroleum underground storage tanks, is appointed for a term expiring May 25, 2018. June 5, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Wheat Promotion Committee Dean A. Kantola of 13287 Goodrich Road, Ravenna, Michigan 49451, county of Muskegon, representing District 1, succeeding himself, is reappointed for a term expiring May 31, 2018. William H. Hunt of 12169 E. Richfield Road, Davison, Michigan 48423, county of Genesee, representing District 4, succeeding himself, is reappointed for a term expiring May 31, 2018. Arthur A. Loeffler of 878 Zehnder Drive, Frankenmuth, Michigan 48734, county of Saginaw, representing District 9, succeeding himself, is reappointed for a term expiring May 31, 2018. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Stamas as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 209, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278 (MCL 380.1278), as amended by 2004 PA 596, and by adding sections 1167 and 1279h. Senate Bill No. 211, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1168. The bills were placed on the order of Third Reading of Bills. During the Committee of the Whole, Senator Casperson entered the Senate Chamber. 1194 JOURNAL OF THE SENATE [June 9, 2015] [No. 54 By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the following bill be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 305 The motion prevailed. The following bill was read a third time: Senate Bill No. 305, entitled A bill to prohibit political subdivisions in this state from imposing certain restrictions on the transportation, possession, carrying, sale, transfer, purchase, gift, devise, licensing, registration, or use of knives or components of knives. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 266 Yeas—27 Booher Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Smith Green Kowall Proos Stamas Hansen MacGregor Robertson Zorn Hildenbrand Marleau Rocca Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Excused—1 Brandenburg Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following concurrent resolution be postponed for today: S House Concurrent Resolution No. 3 The motion prevailed. No. 54] [June 9, 2015] JOURNAL OF THE SENATE 1195 enator Kowall moved that rule 3.204 be suspended to permit immediate consideration of the following resolution: S Senate Resolution No. 68 The motion prevailed, a majority of the members serving voting therefor. enator Green offered the following resolution: S Senate Resolution No. 68. A resolution to proclaim October 4-10, 2015, as Lions Week. Whereas, There are over 12,000 Lions members, both men and women, in more than 500 clubs throughout Michigan. Around the world, their 46,000 clubs and 1.35 million members make them the world’s largest service club organization; and Whereas, In 1925, Helen Keller addressed the Lions Clubs International Convention in Cedar Point, Ohio, and challenged Lions to become “knights of the blind in the crusade against darkness.” Since then, they have worked tirelessly to aid the blind and visually impaired and have earned high marks for both integrity and transparency throughout their 95-year history; and Whereas, Lions meet the needs of local communities and the world. The 1.35 million members of their volunteer orga­ ni­za­tion in 207 countries and geographic areas are different in many ways, but share a core belief—community is what we make it; and Whereas, In Michigan, Lions Clubs perform a huge variety of services to their communities, such as providing eyeglasses and hearing aids to those who cannot afford them; hosting holiday parties for underprivileged kids; underwriting food giveaways; assisting in sending kids to camp; maintaining parks; visiting seniors; supporting organ donation drives; vision testing for young children; and many more; and Whereas, All Michigan Lions Clubs come together to support four state projects: Leader Dogs for the Blind, Michigan Eye Bank, Bear Lake Camp, and Lions of Michigan Foundation, which help fund endeavors such as disaster relief in the United States and abroad; now, therefore, be it Resolved by the Senate, That we hereby proclaim October 4-10, 2015, as Lions Week in the state of Michigan. May Lions Clubs throughout Michigan reaffirm their member-service mission: “To empower volunteers to serve their commu­ nities, meet humanitarian needs, encourage peace and promote international understanding through Lions clubs”; and be it further Resolved, That copies of this resolution be transmitted to the Lions of Michigan Council of Governors and the Lions of Michigan State Office as a reflection of our esteem. The question being on the adoption of the resolution, The resolution was adopted. Senators Bieda, Booher, Hansen, Hopgood, Kowall, MacGregor, Marleau, Proos, Schuitmaker and Zorn were named co‑sponsors of the resolution. enate Resolution No. 66. S A resolution to support congressional H.Res. 233, expressing the sense of the United States House of Representatives that Iran should immediately release the three United States citizens that it holds, as well as provide all known information on any United States citizens that have disappeared within its borders. The question being on the adoption of the resolution, The resolution was adopted. Senator Ananich asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Ananich’s statement is as follows: Amir Hekmati has been unjustly imprisoned for 1,380 days. He is the longest-held American political prisoner in Iran. I commend the efforts of my congressman Dan Kildee to raise awareness of Amir’s continued captivity and his work with members of Congress—Democrats and Republicans—to bring Amir home. Our Senate resolution today is bipartisan and hopefully will have the support of both Republicans and Democrats. I want to thank my colleagues Senators Horn and Knezek. Senator Horn is the Senator for the Hekmati family, and I appreciate his efforts to work with me on this. The resolution is in support of House Resolution No. 233, Congressman Kildee’s resolution at the federal level. It says that in no uncertain terms, Iran must release Amir Hekmati. He is innocent and has done no wrong. He is being held because of his service to our country as a U.S. Marine—once a Marine, always a Marine. It is important that we continue to draw attention to Amir’s case so that Iran knows that the world is watching their actions. 1196 JOURNAL OF THE SENATE [June 9, 2015] [No. 54 Every Michigan resident and every American can join our efforts and can take to social media using the hashtag #freeamirnow. I encourage my colleagues to go out front to the board with a bumper sticker and get the information for social media to make sure we send the strong message that it is unacceptable to keep an American for 1,380 days and counting. Thank you for taking up this resolution. I thank the Majority Leader for taking such swift action. I also thank my colleagues for their support. Introduction and Referral of Bills Senators Hood and Schmidt introduced Senate Bill No. 382, entitled A bill to amend 2004 PA 46, entitled “Public safety officers benefit act,” by amending section 4 (MCL 28.634). The bill was read a first and second time by title and referred to the Committee on Appropriations. Senators Green, Horn, MacGregor, Hansen and Schmidt introduced Senate Bill No. 383, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 16326 and part 171. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators MacGregor, Jones, Marleau and Proos introduced Senate Bill No. 384, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 43b (MCL 400.43b), as added by 2002 PA 573. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Jones, MacGregor, Marleau and Proos introduced Senate Bill No. 385, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 231 (MCL 750.231), as amended by 2006 PA 401. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Casperson introduced Senate Bill No. 386, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 732 (MCL 257.732), as amended by 2015 PA 11. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Zorn, Brandenburg, Kowall and Bieda introduced Senate Bill No. 387, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 61505b. The bill was read a first and second time by title and referred to the Committee on Energy and Technology. Senators Casperson, Kowall, Marleau, Colbeck and Brandenburg introduced Senate Bill No. 388, entitled A bill to implement section 29 of article IX of the state constitution of 1963; to provide a process for state compliance with its obligation to finance the costs incurred by local units of government to provide, administer, and implement certain activities or services required by this state; to prescribe the powers and duties of certain state agencies and public officers; to prescribe certain powers and duties of the legislative branch; to provide for the administration of this act; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Government Operations. No. 54] [June 9, 2015] JOURNAL OF THE SENATE 1197 Senators Kowall, Casperson, Marleau, Colbeck and Brandenburg introduced Senate Bill No. 389, entitled A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 3, 5, 7a, 40, 44, 45, 45a, and 45b (MCL 24.203, 24.205, 24.207a, 24.240, 24.244, 24.245, 24.245a, and 24.245b), section 3 as amended by 2011 PA 239, section 5 as amended by 2006 PA 460, section 7a as amended by 1999 PA 262, section 40 as amended by 2011 PA 243, section 44 as amended by 2004 PA 23, section 45 as amended by 2013 PA 200, section 45a as amended by 2011 PA 245, and section 45b as added by 2011 PA 247, and by adding section 9. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Robertson, Casperson, Kowall, Marleau, Colbeck and Brandenburg introduced Senate Bill No. 390, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 308a (MCL 600.308a), as added by 1980 PA 110, and by adding sections 308b, 308c, 308d, 308e, 308f, and 308g. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 4499, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3815 (MCL 600.3815), as amended by 2014 PA 387. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4500, entitled A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.79c) by adding section 79d. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4503, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 4710. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4504, entitled A bill to create the uniform forfeiture reporting act; to require certain reports by reporting agencies regarding seized and forfeited property; to prescribe the powers and duties of certain local and state officials; to provide for certain fees and the expenditure of those fees; to require certain audits; to require certain reports by the department of state police; to provide for the withholding of law enforcement funds under certain circumstances; and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4505, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7521 (MCL 333.7521), as amended by 2001 PA 236. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4506, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 7524b. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. 1198 JOURNAL OF THE SENATE [June 9, 2015] [No. 54 House Bill No. 4507, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 3841. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4508, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7521 (MCL 333.7521), as amended by 2001 PA 236. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. Committee Reports The Committee on Insurance reported Senate Bill No. 288, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3101, 3104, 3113, 3114, 3115, 3135, 3301, and 3310 (MCL 500.3101, 500.3104, 500.3113, 500.3114, 500.3115, 500.3135, 500.3301, and 500.3310), section 3101 as amended by 2014 PA 492, section 3104 as amended by 2002 PA 662, section 3113 as amended by 2014 PA 489, section 3114 as amended by 2002 PA 38, section 3135 as amended by 2012 PA 158, and section 3310 as amended by 2001 PA 228, and by adding chapter 32A. With the recommendation that the substitute (S-3) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, O’Brien, Horn, Jones and Johnson Nays: Senators Schmidt, Bieda and Young The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Insurance submitted the following: T Meeting held on Thursday, June 4, 2015, at 2:00 p.m., Room 100, Farnum Building Present: Senators Hune (C), Brandenburg, Schmidt, O’Brien, Horn, Jones, Bieda, Johnson and Young The Committee on Elections and Government Reform reported Senate Bill No. 110, entitled A bill to amend 1973 PA 139, entitled “An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; to provide methods for abolition of a unified form of county government; and to prescribe penalties and provide remedies,” by amending section 9 (MCL 45.559), as amended by 2003 PA 281. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David B. Robertson Chairperson To Report Out: Yeas: Senators Robertson, Colbeck and Emmons Nays: None The bill was referred to the Committee of the Whole. No. 54] [June 9, 2015] JOURNAL OF THE SENATE 1199 COMMITTEE ATTENDANCE REPORT he Committee on Elections and Government Reform submitted the following: T Meeting held on Thursday, June 4, 2015, at 9:00 a.m., Rooms 402 and 403, Capitol Building Present: Senators Robertson (C), Colbeck and Emmons Excused: Senators Shirkey and Hood he Committee on Veterans, Military Affairs and Homeland Security reported T Senate Resolution No. 66. A resolution to support congressional H.Res. 233, expressing the sense of the United States House of Representatives that Iran should immediately release the three United States citizens that it holds, as well as provide all known information on any United States citizens that have disappeared within its borders. (For text of resolution, see Senate Journal No. 52, p. 1174.) With the recommendation that the resolution be adopted. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn and Colbeck Nays: None The resolution was placed on the order of Resolutions. COMMITTEE ATTENDANCE REPORT he Committee on Veterans, Military Affairs and Homeland Security submitted the following: T Meeting held on Thursday, June 4, 2015, at 9:00 a.m., Room 110, Farnum Building Present: Senators O’Brien (C), Emmons, Zorn and Colbeck Excused: Senator Knezek The Committee on Transportation reported Senate Bill No. 274, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 719 (MCL 257.719), as amended by 2012 PA 282. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov and Marleau Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, June 4, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov and Marleau Excused: Senator Hopgood The Committee on Elections and Government Reform reported House Bill No. 4271, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 570a (MCL 168.570a). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David B. Robertson Chairperson 1200 JOURNAL OF THE SENATE [June 9, 2015] [No. 54 To Report Out: Yeas: Senators Robertson, Colbeck and Emmons Nays: None The bill was referred to the Committee of the Whole. The Committee on Elections and Government Reform reported House Bill No. 4272, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 642 (MCL 168.642), as amended by 2013 PA 51. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David B. Robertson Chairperson To Report Out: Yeas: Senators Robertson, Colbeck and Emmons Nays: None The bill was referred to the Committee of the Whole. The Committee on Elections and Government Reform reported House Bill No. 4273, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 641 (MCL 168.641), as amended by 2015 PA 2. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David B. Robertson Chairperson To Report Out: Yeas: Senators Robertson, Colbeck and Emmons Nays: None The bill was referred to the Committee of the Whole. The Committee on Elections and Government Reform reported House Bill No. 4274, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 970e (MCL 168.970e), as added by 2012 PA 417. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David B. Robertson Chairperson To Report Out: Yeas: Senators Robertson, Colbeck and Emmons Nays: None The bill was referred to the Committee of the Whole. The Committee on Elections and Government Reform reported House Bill No. 4276, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 963 (MCL 168.963), as amended by 2012 PA 417. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David B. Robertson Chairperson To Report Out: Yeas: Senators Robertson, Colbeck and Emmons Nays: None The bill was referred to the Committee of the Whole. No. 54] [June 9, 2015] JOURNAL OF THE SENATE 1201 The Committee on Elections and Government Reform reported House Bill No. 4385, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 322 (MCL 168.322), as amended by 2012 PA 276. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David B. Robertson Chairperson To Report Out: Yeas: Senators Robertson, Colbeck and Emmons Nays: None The bill was referred to the Committee of the Whole. Scheduled Meetings Appropriations - Wednesday, June 10, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1801) Economic Development and International Investment - Thursday, June 11, 1:30 p.m., Room 210, Farnum Building (373-5312) Families, Seniors and Human Services - Wednesday, June 10, 3:15 p.m., Room 210, Farnum Building (373-5323) Finance - Tuesday, June 16, 9:00 a.m., Room 210, Farnum Building (373-5312) Natural Resources - Wednesday, June 10, 12:30 p.m., Room 210, Farnum Building (373-5314) Regulatory Reform - Wednesday, June 10, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323) Senate Fiscal Agency Board of Governors - Thursday, June 11, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Transportation - Thursday, June 11, 8:30 a.m., Room 210, Farnum Building (373-5323) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:24 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, June 10, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1202 No. 55 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, June 10, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1204 JOURNAL OF THE SENATE [June 10, 2015] [No. 55 astor Duane Bennett of Mt. Zion Church of God in Christ of Muskegon offered the following invocation: P Almighty God, our Father; God of Abraham, Isaac, and Jacob; Creator of the heavens and the earth: It is with great humility that we say thank You for allowing us an opportunity to offer this petition to You. We thank You for allowing us to gather on this day in these hallowed halls of our State Legislature. We have come humbly seeking Your face and thanking You for Your goodness and Your kindness and for Your grace and tender mercies. We thank You for putting Your loving arms of protection around us and keeping us from dangers, seen and unseen. We ask that You would strengthen us, restore us, and inspire us with Your love. Now, God, we seek Your leadership, Your guidance, and Your direction as our elected officials prepare to write, conference, and vote on legislation that affects our great state of Michigan and the citizens of this great state. It is in Your Son Jesus’ name we pray. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Marleau entered the Senate Chamber. enator Kowall moved that Senators Hildenbrand and Schmidt be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:04 a.m. 11:10 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senators Hildenbrand, Young and Schmidt entered the Senate Chamber. The following communications were received: Office of Senator Steven M. Bieda June 4, 2015 er Senate Rule 1.110(c), I am requesting that my name be added immediately as a co‑sponsor to Senate Bill 352, which P was introduced on May 21, 2015, by Senator Margaret O’Brien and is currently in the Senate Health Policy Committee. If you have any questions, please feel free to contact my office. Thank you. June 9, 2015 er Senate Rule 1.110(c), I am requesting that my name be added immediately as a co‑sponsor to Senate Bills 49 and 50, P which were introduced on January 28, 2015, by Senator Virgil Smith and are currently on the Senate General Orders calendar. If you have any questions, please feel free to contact my office. Thank you. Sincerely, Steve Bieda State Senator 9th District The communications were referred to the Secretary for record. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Warren as Chairperson. No. 55] [June 10, 2015] JOURNAL OF THE SENATE 1205 After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4447, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 6237, 6238, 20104, 20106, 20145, 20155, 20161, 20501, 20521, and 20551 (MCL 333.6237, 333.6238, 333.20104, 333.20106, 333.20145, 333.20155, 333.20161, 333.20501, 333.20521, and 333.20551), sections 6237 and 6238 as amended by 2012 PA 501, section 20104 as amended by 2010 PA 381, section 20106 as amended by 2014 PA 449, section 20145 as amended by 2004 PA 469, sec­tion 20155 as amended by 2012 PA 322, and section 20161 as amended by 2013 PA 137; and to repeal acts and parts of acts. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage: House Bill No. 4447 The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 4245 House Bill No. 4468 Senate Bill No. 321 Senate Bill No. 336 Senate Bill No. 351 House Bill No. 4447 The motion prevailed. The following bill was read a third time: House Bill No. 4245, entitled A bill to amend 1986 PA 54, entitled “Building officials and inspectors registration act,” by amending sections 7, 9, and 12 (MCL 338.2307, 338.2309, and 338.2312), section 9 as amended by 2013 PA 150. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 267 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 1206 JOURNAL OF THE SENATE [June 10, 2015] [No. 55 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to regulate and register building officials, plan reviewers, building inspectors, electrical inspectors, mechanical inspectors, and plumbing inspectors; to prescribe the powers and duties of the state construction code commission; to create a building officials advisory board; to require the approval of educational and training programs for building officials, plan reviewers, and inspectors; to provide for the establishment and disposition of fees; to provide for the promul­gation of rules; and to prescribe penalties,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4468, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” (MCL 259.1 to 259.208) by amending the title, as amended by 2002 PA 90, and by adding chapter VIIA. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 268 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act relating to aeronautics in this state; providing for the development and regulation thereof; creating a state aero­ nautics commission; prescribing powers and duties; providing for the licensing, or registration, or supervision and control of all aircraft, airports and landing fields, schools of aviation, flying clubs, airmen, aviation instructors, airport managers, manufacturers, dealers, and commercial operation in intrastate commerce; providing for rules pertaining thereto; prescribing a privilege tax for the use of the aeronautical facilities on the lands and waters of this state; providing for the acquisition, development, and operation of airports, landing fields, and other aeronautical facilities by the state, by political subdivisions, No. 55] [June 10, 2015] JOURNAL OF THE SENATE 1207 or by public airport authorities; providing for the incorporation of public airport authorities and providing for the powers, duties, and obligations of public airport authorities; providing for the transfer of airport management to public airport authorities, including the transfer of airport liabilities, employees, and operational juris­diction; providing jurisdiction of crimes, torts, and contracts; providing police powers for those entrusted to enforce this act; providing for civil liability of owners, operators, and others; making hunting from aircraft unlawful; providing for repair station operators lien; providing for appeals from rules or orders issued by the commission; providing for the transfer from the Michigan board of aeronautics to the aeronautics commission all properties and funds held by the board of aeronautics; providing for a state aeronautics fund and making an appropriation therefor; prescribing penalties; and making uniform the law with reference to state development and regulation of aeronautics,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 321, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 519 and 8139 (MCL 600.519 and 600.8139), section 519 as amended by 2012 PA 38. The question being on the passage of the bill, Senator Green offered the following substitute: Substitute (S-1). The substitute was adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 269 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 336, entitled A bill to prescribe the blue alert of Michigan as the official response to reports of serious injury or death of a law enforcement officer in certain circumstances; and to provide for the powers and duties of certain state and local govern­ mental officers and entities. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1208 JOURNAL OF THE SENATE [June 10, 2015] Roll Call No. 270 [No. 55 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 351, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 914. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 271 Yeas—36 Ananich Hertel Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Marleau Shirkey Casperson Horn Meekhof Smith Emmons Hune Nofs Stamas Green Johnson Pavlov Warren Gregory Jones Proos Young Hansen Knezek Robertson Zorn Nays—2 Colbeck O’Brien Excused—0 No. 55] [June 10, 2015] JOURNAL OF THE SENATE 1209 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. Protests Senators Colbeck and O’Brien, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 351. Senator Colbeck’s statement, in which Senator O’Brien concurred, is as follows: I rise to express my concerns with Senate Bill No. 351. The bill clearly has noble intentions, but it is unclear to me whether it is constitutional. In order to limit commercial speech, the United States Supreme Court has laid out a four-part test. Part 1 is that speech must concern a lawful activity and cannot be misleading. Commercial speech has traditionally had less protections than other forms of speech, and divorce lawyers soliciting for business falls under commercial speech. Part 2 is that the government must have a substantial interest to justify the restriction. It is clear that protecting women from abusive spouses is a governmental interest. Part 3 is that the regulation must directly advance this government interest. Part 4 is that the government must use the least restrictive means possible for advancing this goal. I am concerned about Part 3 of this test. The court requires more than just anecdotal evidence to restrict commercial speech. I believe that before we vote this into law, we need to show how preventing divorce lawyers from soliciting legal services for 21 days would protect victims of domestic abuse. The Michigan Supreme Court has also expressed concerns about the lack of tangible evidence to support this regulation when it heard arguments to implement rules similar to this bill. Chief Justice Young stated in that hearing: “My concern is that I don’t think there’s a factual predicate that has been made to sustain the limitation on the commercial speech here.” Unfortunately, in the three years since that hearing, there has been no study or report published on this issue that could meet the court’s standard of excellence. Because of this, the restrictions that Senate Bill No. 351 would impose on commercial speech seems to be excessive and, therefore, unconstitutional. The following bill was read a third time: House Bill No. 4447, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 6237, 6238, 20104, 20106, 20145, 20155, 20161, 20501, 20521, and 20551 (MCL 333.6237, 333.6238, 333.20104, 333.20106, 333.20145, 333.20155, 333.20161, 333.20501, 333.20521, and 333.20551), sections 6237 and 6238 as amended by 2012 PA 501, section 20104 as amended by 2010 PA 381, section 20106 as amended by 2014 PA 449, section 20145 as amended by 2004 PA 469, sec­tion 20155 as amended by 2012 PA 322, and section 20161 as amended by 2013 PA 137; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 272 Ananich Bieda Booher Casperson Green Gregory Hansen Hertel Yeas—32 Hildenbrand Kowall Schmidt Hood MacGregor Schuitmaker Hopgood Marleau Shirkey Horn Meekhof Smith Johnson Nofs Stamas Jones O’Brien Warren Knezek Proos Young Knollenberg Robertson Zorn Nays—6 Brandenburg Emmons Pavlov Rocca Colbeck Hune 1210 JOURNAL OF THE SENATE [June 10, 2015] [No. 55 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Warren as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4189, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” (MCL 710.21 to 712B.41) by adding section 23g to chapter X. House Bill No. 4190, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 5a. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4188, entitled A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regu­la­tion of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” (MCL 722.111 to 722.128) by adding sections 14e and 14f. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. No. 55] [June 10, 2015] JOURNAL OF THE SENATE 1211 By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: House Bill No. 4188 House Bill No. 4189 House Bill No. 4190 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: House Bill No. 4188, entitled A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” (MCL 722.111 to 722.128) by adding sections 14e and 14f. The question being on the passage of the bill, Senator Warren offered the following amendments: 1. Amend page 3, line 15, after “(2)” by striking out “TO” and inserting “EXCEPT AS PROVIDED IN SUBSECTION (3), TO”. 2. Amend page 3, following line 21, by inserting: “(3) A CHILD PLACING AGENCY SHALL NOT DECLINE TO PROVIDE SERVICES AS PROVIDED UNDER SUBSECTION (2) IF DECLINING TO PROVIDE THOSE SERVICES WOULD NOT BE IN THE BEST INTERESTS OF THE CHILD.” and renumbering the remaining subsections. 3. Amend page 4, line 2, after “AGENCY” by inserting a comma and “EXCEPT IF DECLINING THE REFERRAL IS NOT IN THE BEST INTERESTS OF THE CHILD”. 4. Amend page 6, line 9, after “(1)” by inserting a comma and “EXCEPT IF DECLINING THE REFERRAL IS NOT IN THE BEST INTERESTS OF THE CHILD”. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 273 Yeas—13 Ananich Hood Knezek Smith Bieda Hopgood Rocca Warren Gregory Johnson Schuitmaker Young Hertel Nays—25 Booher Hildenbrand MacGregor Proos Brandenburg Horn Marleau Robertson Casperson Hune Meekhof Schmidt Colbeck Jones Nofs Shirkey Emmons Knollenberg O’Brien Stamas Green Kowall Pavlov Zorn Hansen Excused—0 1212 JOURNAL OF THE SENATE [June 10, 2015] [No. 55 Not Voting—0 In The Chair: Schuitmaker Senator Ananich offered the following amendment: 1. Amend page 3, line 21, after “AGENCY.” by inserting “THIS SUBSECTION DOES NOT APPLY TO ANY CHILD PLACING AGENCY THAT RECEIVED $500,000.00 OR MORE IN STATE FUNDS IN THE PREVIOUS FISCAL YEAR.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 274 Yeas—12 Ananich Hertel Johnson Smith Bieda Hood Knezek Warren Gregory Hopgood Rocca Young Nays—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Excused—0 Not Voting—0 In The Chair: Schuitmaker Senator Johnson offered the following amendment: 1. Amend page 7, following line 14, by inserting: “(c) House Bill No. 4133.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 275 Yeas—13 Ananich Hood Knezek Smith Bieda Hopgood Nofs Warren Gregory Johnson Rocca Young Hertel No. 55] [June 10, 2015] JOURNAL OF THE SENATE 1213 Nays—25 Booher Hildenbrand MacGregor Robertson Brandenburg Horn Marleau Schmidt Casperson Hune Meekhof Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen Excused—0 Not Voting—0 In The Chair: Schuitmaker Senator Warren offered the following amendment: 1. Amend page 4, following line 20, by inserting: “(7) A CHILD PLACING AGENCY SHALL DISPLAY ON ITS WEBSITE IN AN AREA ACCESSIBLE TO THE PUBLIC AND PROMINENTLY IN EACH OF THE CHILD PLACING AGENCY’S OFFICES THE CIRCUMSTANCES UNDER WHICH THE CHILD PLACING AGENCY WOULD DECLINE TO PROVIDE ANY SERVICE AS PROVIDED UNDER SUBSECTION (2).” and renumbering the remaining subsection. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 276 Yeas—12 Ananich Hertel Johnson Smith Bieda Hood Knezek Warren Gregory Hopgood Rocca Young Nays—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Excused—0 Not Voting—0 In The Chair: Schuitmaker The President, Lieutenant Governor Calley, resumed the Chair. 1214 JOURNAL OF THE SENATE [June 10, 2015] [No. 55 Senator Knezek offered the following amendment: 1. Amend page 3, line 19, after “A” by inserting “PUBLICLY AVAILABLE UPON REQUEST”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 277 Yeas—12 Ananich Hertel Johnson Smith Bieda Hood Knezek Warren Gregory Hopgood Rocca Young Nays—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Excused—0 Not Voting—0 In The Chair: President Senator Gregory offered the following amendment: 1. Amend page 4, following line 20, by inserting: “(7) UPON ENTERING A CONTRACT WITH THE STATE TO PROVIDE ADOPTION OR FOSTER CARE SERVICES, A CHILD PLACING AGENCY SHALL DISCLOSE TO THE STATE THE CIRCUMSTANCES UNDER WHICH THE CHILD PLACING AGENCY WILL DECLINE TO PROVIDE SERVICES AS PROVIDED UNDER SUBSECTION (2).” and renumbering the remaining subsection. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 278 Yeas—12 Ananich Hertel Johnson Smith Bieda Hood Knezek Warren Gregory Hopgood Rocca Young Nays—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt No. 55] [June 10, 2015] JOURNAL OF THE SENATE 1215 Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Excused—0 Not Voting—0 In The Chair: President Senator Hopgood offered the following amendment: 1. Amend page 4, following line 20, by inserting: “(7) A CHILD PLACING AGENCY THAT DECLINES TO PROVIDE SERVICES UNDER SUBSECTION (2) MUST COMPLY WITH THE ELLIOTT-LARSEN CIVIL RIGHTS ACT, 1976 PA 453, MCL 37.2101 TO 37.2804.” and renumbering the remaining subsection. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 279 Yeas—13 Ananich Hood Knezek Smith Bieda Hopgood Rocca Warren Gregory Johnson Schuitmaker Young Hertel Nays—25 Booher Hildenbrand MacGregor Proos Brandenburg Horn Marleau Robertson Casperson Hune Meekhof Schmidt Colbeck Jones Nofs Shirkey Emmons Knollenberg O’Brien Stamas Green Kowall Pavlov Zorn Hansen Excused—0 Not Voting—0 In The Chair: President Senator Young offered the following amendment: 1. Amend page 4, following line 20, by inserting: “(7) A CHILD PLACING AGENCY THAT DECLINES TO PROVIDE SERVICES UNDER SUBSECTION (2) MUST COMPLY WITH THE CIVIL RIGHTS ACT OF 1964, PUBLIC LAW 88-352.” and renumbering the remaining subsection. 1216 JOURNAL OF THE SENATE [June 10, 2015] he amendment was not adopted, a majority of the members serving not voting therefor. T Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 280 Yeas—13 Ananich Hood Knezek Smith Bieda Hopgood Rocca Warren Gregory Johnson Schuitmaker Young Hertel Nays—25 Booher Hildenbrand MacGregor Proos Brandenburg Horn Marleau Robertson Casperson Hune Meekhof Schmidt Colbeck Jones Nofs Shirkey Emmons Knollenberg O’Brien Stamas Green Kowall Pavlov Zorn Hansen Excused—0 Not Voting—0 In The Chair: President he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 281 Yeas—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Nays—12 Ananich Hertel Johnson Smith Bieda Hood Knezek Warren Gregory Hopgood Rocca Young [No. 55 No. 55] [June 10, 2015] JOURNAL OF THE SENATE 1217 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. Protests Senators Young and Ananich, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 4188 and moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.” The motion prevailed. Senator Young’s statement is as follows: Mr. President, I would like to start with a quote. It is a biblical verse. In the book of John, it says, “He who lives without sin, cast the first stone.” Mr. President, I rise to oppose this discriminatory legislation that would keep children in need out of safe and loving homes and prevent worthy parents from having a family. This is my “no” vote explanation. These RFRA adoption bills are just the latest example—and the most egregious yet—of religion conservatism run amok in our state government. Michigan’s vulnerable children are in desperate need of stable and loving homes. There are thousands upon thousands of these kids in group homes or foster care just waiting to be taken home to a real home with loving parents. Today we are slashing those opportunities because of archaic, close-minded thinking. This legislation flies directly in the face of the core Christian principles of compassion, acceptance, tolerance, love, and to help others. Yet again, the majority is pretending to use religious freedom as a shield while they are really wielding it like a sword. Sexual orientation doesn’t have any correlation with quality of parenting or the ability to provide a safe, stable, and loving home to a child. Being devoutly religious, let me say this: Just because somebody says they are devoutly religious doesn’t mean that it’s true. There are a lot of people who might imitate the Christian faith. The Christian faith is always imitated, very rarely duplicated the way it is supposed to be. Just because someone says they wear the breastplate of righteousness, the helmet of salvation, the sword of the Spirit, the belt of truth, and their feet shod in the gospel of peace; just because they say they fight in the army of El Shaddai doesn’t mean it is true. There are a lot of pretenders out there, and there are a lot of fakers out there. If there weren’t fakers and haters, we would not have heard of the most famous family in America, the Duggars, who allowed one child to continually abuse and victimize the others. That is not godly, and it is not part of the Christian faith. The Old Testament is about order, yes, but the New Testament is about grace. Where is the grace? Where is the tolerance? Where is the love? Where is the humanity for our people? That’s what God said: “He who lives without sin, cast the first stone.” These bills are not about protecting kids, and they are not about finding loving homes for kids without families. My colleagues will say this is about freedom, but this is not about freedom. It is about discrimination, and unfortunately, it is about hate. It is not about helping certain organizations; it’s about hurting certain people. It’s not about protecting kids; it’s about penalizing them. It’s not about defending people’s rights; it’s about disenfranchising them. When these bills were in Senate committee, many religious leaders from various faiths testified against these bills. They quoted Scripture and cited their religious beliefs that Michigan’s kids should be able to be adopted by any loving family. The committee also heard from devoted and impassioned parents who adopted and are raising a family who would not have been able to if these bills were law. While I know that many of my colleagues across the aisle would like to turn a blind eye and a deaf ear to those less fortunate, are you truly ignorant to the high demand and desperate need for foster and adoptive parents? On TV, com­ mercials, and billboards all over, agencies are hard at work trying to recruit eligible foster and adoptive parents, because they have so many kids in need of loving homes. Instead of working to increase the number of adoptions and foster placements and to reduce the number of kids without a true home, the leadership of this body wants to use their religious beliefs to deny countless parents the opportunity to adopt. I can’t even believe we are having this debate. I, for one, will be voting “no” on these bills, and I encourage all of you to do the same. Let’s take a stand for righteousness. Let’s be a government that has the Declaration of Independence in one hand and the Constitution in the other. Let’s stand for equal protection. Let’s stand for all men being created equal. Let’s stand for the spirit of this state, which is tolerance, justice, and equality, not discrimination and hate. 1218 JOURNAL OF THE SENATE [June 10, 2015] [No. 55 enator Ananich’s statement is as follows: S These RFRA adoption bills will do nothing to help the thousands of kids waiting for a family in Michigan. These bills allow private adoption agencies to turn away qualified parents for no reason other than their sexual orientation. Thousands of Michigan children are waiting for homes. Yet today, these bills say that it is more important to honor the discriminatory beliefs of some service providers instead of the best interests of the 3,000 Michigan children waiting for a family. The child loses out on a family. How does that help the child? What we are doing here is allowing the beliefs of the few to have horrible consequences for the many. I am a man of faith, and I support religious freedom. What I don’t support is using that as a cover for discrimination, especially when it hurts the 3,000 Michigan children waiting for loving, stable, and safe homes. The Detroit News reported that half of the state’s $20 million budget for adoption services goes to faith-based agencies. That’s the public’s money going to private agencies that want to discriminate based on sexual orientation. If these private agencies do not want to serve a taxpayer because of their sexual orientation, they shouldn’t be doing it on the taxpayers’ dimes. If you sincerely believe that denying a child a loving and stable family is within your religious beliefs, there isn’t much to say that will change your mind. But what I can say is not on my dime. Senators Ananich, Johnson, Gregory, Hopgood, Young and Meekhof asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Ananich’s statement is as follows: My amendment says that if a child-placing agency has received over $500,000 in state funds in the preceding year, they forego their ability to deny services based on their sincerely-held religious beliefs. Not only is it morally and socially wrong to keep children trapped in a child welfare system when there are loving families willing and able to adopt them, but it’s a waste of taxpayer dollars to keep them housed in such an expensive system. If a private agency were to invoke their private political beliefs, they should do it without our public money. I urge my colleagues to vote “yes” on this amendment. enator Johnson’s statement is as follows: S This amendment simply tie-bars this bill to House Bill No. 4133, a bill to allow second-parent adoptions in our beloved state. Currently in Michigan, you either have to be a married couple or a single individual in order to adopt a child. If we pass House Bill Nos. 4188, 4189, and 4190, we will reduce the pool of potential adoptive parents in Michigan. The least we can do is allow unmarried couples who already have an increased likelihood of being discriminated against if these bills pass the right to both obtain the legal status of a parent. Children benefit by having two legally-recognized parental units. They have greater access to health care, financial benefits, and in the unfortunate circumstance where some­thing happens to one of their parents, they have another parent who can continue to provide for them so they don’t end up back in the child welfare system. With 3,000 children in Michigan waiting for a placement, it’s just wrong to not allow committed couples to adopt and support these children who are in critical need of a loving family. I ask for your support of this amendment. enator Gregory’s statement is as follows: S My amendment requires an agency to inform the Department of Health and Human Services of circumstances under which they would deny services to potential parents before entering into a contract with the state. The department has a right to know how limiting an agency will be in providing critical adoption and foster care services before agreeing to be on the hook for state resources. Under this legislation as currently written, an agency could have a plethora of excuses for denying services, including denying services to a same-sex couple, a Muslim couple, a biracial couple, a single agnostic, and many more. Again, the state has the right to know in advance how many circumstances would warrant denying placements before entering a contract. I ask for your support for this amendment. enator Hopgood’s statement is as follows: S This amendment simply states that if a child-placing agency refuses adoption services, they must comply with the Elliott-Larsen Civil Rights Act. The Elliott-Larsen Civil Rights Act is a bedrock policy in the state of Michigan that seeks to prohibit discriminatory practices based on a number of factors, such as religion, race, age, sex, marital status, and so forth. We have fought long and hard for these civil protections, so it’s important that we don’t take a step backward with this legislation and open up Pandora’s box for discrimination. The agencies that are the subject of this package of bills are agents to the state of Michigan and, therefore, should be required to adhere to state law. I ask for your support of this amendment. No. 55] [June 10, 2015] JOURNAL OF THE SENATE 1219 enator Young’s statement is as follows: S Mr. President, in the words of the great Chris Matthews: “Human rights always wins out eventually.” Mr. President, I am introducing this amendment to give my colleagues one last opportunity to take a vote in support of civil rights. This amendment states that if a child-placing agency refuses adoption services, they must comply with the federal Civil Rights Act of 1964. Note the year—1964. That’s 51 years ago that we outlawed discrimination. Do we want to be known as the state that is undoing the work that great leaders like Nelson Mandela, Martin Luther King, Jr.—who gave his first “I Have a Dream” speech right here in the city of Detroit in Michigan—Harriet Tubman, or Malcolm X—who is from Lansing, Michigan, and gave the speech in the city of Detroit “Message to the Grass Roots”— accomplished? What do we say to the people who came here and fought against discrimination, who upheld the values of this state and our Constitution that all men are created equal? As a man of faith, I support religious freedom. I do not, however, think that religion should be used as a mechanism for discrimination or hatred. Mr. President, we are better than this as a body. The state of Michigan is better than this. I ask for you to vote for civil rights. I ask for you to vote for liberation instead of discrimination. I ask for you to vote for tolerance and love instead of hate. I ask for you to vote for this amendment. Please vote this amendment up. enator Meekhof’s statement is as follows: S Today I stand in support of House Bill Nos. 4188, 4189, and 4190. As many of you know, this issue is close to my heart, and I am the proud product of a faith-based adoption. For that reason and many others, I feel it is finally time to take action on this legislation. There are a number of adoption providers operating in Michigan with different missions, from Catholic to Lutheran to Methodist and so forth. There are even several agencies that focus on specific ethnic backgrounds as part of their mission. The legislation before us protects the valuable roles those agencies play in our communities, while protecting choices for families and codifying decades—at least five—of existing policy that has helped place thousands of vulnerable children in loving homes. This legislation does not limit options for families. Agencies with faith-based missions account for roughly only 25 percent of foster care and adoption providers. With the passage of this legislation, we can better support the good work faith-based agencies already provide our state. No child should go without a loving home because of state regulations, and the passage of this legislation prevents just that from happening. So today I ask my colleagues to stand with me in support of this legislation. The following bill was read a third time: House Bill No. 4189, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” (MCL 710.21 to 712B.41) by adding section 23g to chapter X. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 282 Yeas—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Nays—12 Ananich Hertel Johnson Smith Bieda Hood Knezek Warren Gregory Hopgood Rocca Young 1220 JOURNAL OF THE SENATE [June 10, 2015] [No. 55 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4190, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 5a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 283 Yeas—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Nays—12 Ananich Hertel Johnson Smith Bieda Hood Knezek Warren Gregory Hopgood Rocca Young Excused—0 In The Chair: President Not Voting—0 No. 55] [June 10, 2015] JOURNAL OF THE SENATE 1221 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. Protests Senators Knezek, Hertel, Warren, Hood and Bieda, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill Nos. 4188, 4189, and 4190. Senators Knezek, Hertel, Warren and Bieda moved that the statements they made during the discussion of House Bill No. 4188 be printed as their reasons for voting “no.” The motion prevailed. Senator Knezek’s statement is as follows: Mr. President, I rise to oppose the legislation that is before us today that seeks to legalize discrimination against samesex couples who are seeking to adopt here in the state of Michigan. As the youngest Senator in this room, as somebody who has a number of friends all over the world, I really can’t tell you how embarrassed I am here today that we are even considering this legislation. I can’t tell you how embarrassed I am that this is a policy that we actually have to be debating in the year 2015. Do we really believe and are we really discussing whether or not homosexuality is a sinful and deviant behavior in the Michigan State Senate? So we really believe that these gay parents are incapable of raising their children without corrupting or demoralizing them? That felt silly for me to even say it. I cannot believe what it feels like to actually believe it. Before we vote on this bill, I would like to ask my colleagues to take pause for a second. I want you to take a moment to think about the people you know, and I want you to think about how this is going to affect them. I was very proud to serve with gay servicemen and gay servicewomen. They had my back and I always had theirs. For the first time in our state’s history, we have openly gay members of the Legislature serving proudly among us. We have gay staff members who help us cover our constituents. They help us do our jobs, and some of them are on the floor right now. We have gay friends, and we have gay family members. With this package of bills, we are insulting each and every one of them. Do we as individuals truly believe that we know best as to whether or not they are capable of raising a family? Do we really believe that their love is not wanted or needed by a vulnerable child? Aside from the actual bills that are before us today, I am incredibly frustrated by the message that they send to Michigan’s children—the children who are in desperate need of finding a forever family. I am frustrated by the message that they send to the perspective parents in our state, to the gay men and women whom we all know, who want so badly to be able to raise a family of their own. I am also concerned about the message that these bills send to people outside of our state. Yet again, the Michigan Legislature is closing doors with our closed minds. We are sending the message that Michigan is not an accepting place. We are sending the message that Michigan is not a welcoming place. We are telling gay people that they are not worthy of being a parent. We are telling children that they do not deserve a family. How could you even fathom saying that to a child in our state? We talk day in and day out about how we can move Michigan forward; how we can attract more business; how we can create more jobs; how we can make it a better place for everybody in this state to live, to work, to worship, and to raise a family, but these bills do the exact opposite of those tenets that we preach each and every day. They are detrimental to our state. They are detrimental to the way of life that we all say that we want. With that in mind, Mr. President, I will be opposing these bills and encouraging my colleagues to do the same. But before I do that, I want to end with a quote from a book that many of us, myself included, hold very near and very dear 1222 JOURNAL OF THE SENATE [June 10, 2015] [No. 55 to our hearts. Matthew 7:1: “Judge not that you be not judged. For with the judgment you pronounce, you will be judged, and with the measure you use, it will be measured to you. Why do you see the speck that is in your brother’s eye, but do not notice the log that is in your own eye? Or how can you say to your brother, ‘Let me take the speck out of your eye,’ when there is the log in your own eye. You hypocrite. First take the log out of your own eye, and then you will see clearly enough to take the speck out of your brother’s eye.” I did not come to Lansing to serve as judge and jury for what other people can or cannot do in their private lives in this state. I know for a fact that there are a number of individuals in this room who feel the exact same way. How easily we forget that when blinded by the log of a divisive social agenda that seeks to further divide our state and our people, rather than unite us under a common banner of inclusion. enator Hertel’s statement is as follows: S I rise in opposition to these bills. We all know the intent behind these bills. You want to give agencies the ability to deny families the right to adopt because of their sexual orientation or for any other moral reason—divorce, single parent, or being of different religions. We are never going to attract young talent into this state if we keep doing ridiculous legislation like this. Young people don’t want to live in a state where their friends and neighbors are discriminated against—or themselves. While you worked today to ensure that there are less loving parents in Michigan allowed to provide a future for the thousands of foster children, you also knowingly opened the door to legally provide for discrimination and the erosion of civil rights for many of our citizens. Civil laws are being proposed across the United States in a desperate bid to push back against the eventual legalization of same-sex marriage and all of the civil rights that will deservedly come with that. With the passage of these bills, you are once again on the wrong side of history. I could go on and on about why this legislation is bad, but today I want to speak not just as a Senator, but also a father who has adopted a child. I am Catholic, divorced, and a proud father of my adopted son Nathan. Imagine if the church got to decide whether or not I was suitable enough to adopt my son. I can’t imagine a life without Nathan as my son. He made my forever home. We are all sinners, every one of us. For some reason, the church wants to pick and choose which sins are worthy and unworthy to raise a child. As a parent of four children, I can tell you that children need a lot of things. It is not easy to raise a child, and what a child needs most is love. Children need families. No state or church should be able to define what a family is. A small passage to keep in mind as you cast your vote is Matthew 22:36-40: “Teacher, what is the greatest command­ ment and law? Jesus replied, ‘Love the Lord your God with all your heart, with all your soul, and your entire mind. This is the first and greatest commandment. The second is like this, love your neighbor as yourself.’ ” Let’s stop attacking our neighbors. enator Warren’s statement, in which Senator Hood concurred, is as follows: S To my colleagues in the Senate, I rise to provide my “no” vote explanation on House Bill Nos. 4188, 4189, and 4190. While I think all of us in this room can agree that religious freedom is one of our country’s most fundamental principles, I think that we must also understand that this principle does not and should not give anyone the right to harm others. Unfortunately, these bills have been written to do just that—giving adoption and foster care agencies the license to discriminate against families simply because of their religion, their marital status, their sexual orientation, and a host of other reasons that has absolutely nothing to do with whether or not they are fit as a parent. In the time that these bills have been up for discussion, I have worked on these issues as both a legislator and an advocate. I have heard from countless people of all backgrounds—Jewish organizations, Muslim organizations, Christian organizations, family welfare organizations, and, yes, LGBT organizations—and they have come together with one message: These bills are bad for our children and bad for our communities. If you think that the actions that we are taking here today will impact only one group of Michiganders—as if that’s not bad enough—then you are simply not paying attention. We have 13,000 children in Michigan who are looking for homes, who are looking for parents to love them. I can guarantee you, colleagues, these children do not care about their perspective parents’ marital status, their sexuality, their race, or their religion. They care that they will have someone there to feed them and clothe them, put them to bed at night, and wake them up in the morning. They care that they will have someone there to be that stable, consistent, loving force that many of them have lacked for so long. They care that they will have someone to push them through the challenges in life and someone to celebrate with in the good times, because that is what family is. These bills and others like it are not just discriminatory and outdated, but they do a disservice to these kids, our kids, who have no choice in what adoption or foster care agency they end up in; kids that we, as the state of Michigan, are guardians of and promise to put first. Make no mistake, we in this chamber, if we pass this bill today, are the questionable parents to these children. It seems to me, by the atypical, last-minute, without warning way in which these bills were put on the agenda today, that some in this chamber cannot move quickly enough to keep these kids waiting. No. 55] [June 10, 2015] JOURNAL OF THE SENATE 1223 These bills threaten to allow moral ideology of an individual child-placing agency to be placed above the well-being of our children. The potential for discrimination in this policy could leave some of Michigan’s most vulnerable kids without the supportive and loving homes that they richly deserve. I urge you to join me in rejecting this dangerous legislation. enator Bieda’s statement is as follows: S Religious freedom is one of our country’s fundamental values. These bills would allow faith-based agencies that accept public funds to simply turn away families because they aren’t the right type of religion or the right type of people. This is wrong, and we should not codify this into law. The bills before us claim that the purpose is to protect the agencies’ free exercise of religion, while simultaneously not limiting or denying any person’s right to adopt a child or participate in foster care. Yet the bills do not protect the agencies’ free exercise of religion but do limit a person’s right to adopt a child or participate in foster care in Michigan. The Free Exercise Clause in the First Amendment constrains the government from taking any action to prohibit an individual from exercising religion unless such action is narrowly tailored to serve a compelling government interest. However, the Free Exercise Clause does not mean that the government must take affirmative action to assist someone in exercising their religion as they see fit. For example, the Supreme Court case of Wisconsin v. Yoder, if an individual’s religion requires their children to leave school and start farm work at age 14, free exercise does not allow the government to punish that individual for violating compulsory school attendance laws that would normally require the child to continue at school until age 18. Free exercise in this case does not require the government to provide the child or the family with the tools needed to perform that work. In other words, religious freedom means the freedom to exercise your individual religious beliefs. It does not mean the ability to impose your beliefs on others. Nor does it require taxpayers to finance your actions against other taxpayers who do not share your beliefs. In fact, the Free Exercise Clause was created precisely because of historical instances of religious persecution and intolerance. People around the state have continued to exercise their religious beliefs in ways that don’t discriminate against or otherwise interfere with the rights of others. In the area of adoption, private faith-based agencies have long been permitted to use their own private funds to facilitate the adoption of children who are not in state custody. If the agencies’ religious beliefs require, such agencies can choose to work only with people who share their faith. That is not what is involved with these bills. These bills go against our national values and laws of nondiscrimination by legalizing discrimination. Specifically, these bills allow faith-based agencies to use taxpayer money—public money— to facilitate the adoption of children who are wards of the state and turn away people who do not share their religious beliefs. This is both unconstitutional and illegal under Michigan’s Elliott-Larsen Civil Rights Act. This is so because private agencies that use taxpayer money to facilitate the placement of children in state custody are state actors for that purpose. State actors, unlike purely private entities, have heightened responsibilities. They must comply with the Constitution just as we were sworn to uphold. That means they are not allowed to discriminate on the basis of religion. There is no possibility of legal debate on this point. Just as government agencies could not refuse to hire someone just because of religion or refuse to provide services, neither can a private agency when acting as a state actor. Now to address another point: The bill does not limit the ability of people to participate in foster care systems or adoption; more importantly, the ability for children to find a timely, suitable placement. The beginning of House Bill No. 4188 states that it is an act to provide for the protection of children. Indeed, it is the protection of children that should be para­ mount in Michigan’s foster care and adoption system. According to the state of Michigan website, there are approximately 13,000 children in the state foster care system at any given time. This immense number indicates that there are already an insignificant number of families to provide loving and supportive homes that these children deserve. DHS has an extraordinary task in front of it to protect these children and has implemented multiple regulations to ensure these children are safe and placed according to their best interests. Yet under the provisions of House Bill No. 4188, if DHS refers a prospective parent to a specific agency, that agency may refuse to serve that parent if that service would conflict with any of the agency’s written religious beliefs. This could allow the agency to refuse service because the prospective parent adheres to a different denomination of Christianity than the agency or to a different faith entirely. As well as refusing to place a child with a parent who has previously been divorced or is currently single, the bill acknowledges that denial on any of these grounds has no bearing on whether placing a child with a parent who has been turned away is in the child’s best interest. In fact, the amendment to correct that has been defeated in this body. Refusing to serve a parent whose home is in the best interest of the child is nothing short of blatant and unlawful discrimination. When a suitable person or family wants to adopt and is referred to an agency that turns them away for a number of religiously-motivated reasons that have nothing to do with parental fitness, this stalls the adoption process which means children wait longer to be placed in homes. These bills’ effect on children is especially troubling. The state does not handle any adoptions. So if DHS has a Jewish child in custody who has been fostered and is now moving into the adoption process, the state is at the mercy of private 1224 JOURNAL OF THE SENATE [June 10, 2015] [No. 55 agencies to handle the adoption. So if one, two, or sixty faith-based agencies can refuse to place a child simply because of the child’s faith, then it is the child who must continue to languish in state custody for no other reason than he or she doesn’t have a proper religion according to the agency. Because courts in this state have already determined that private agencies are state actors when taking state money to place children in custody and homes, any policy of the agency in this regard must pass constitutional muster, including the Establishment Clause. While the government cannot inhibit an individual’s free exercise of religion, it cannot establish religion through its policies. The U.S. Supreme Court set forth the three-part test to determine whether a particular policy violates the Establishment Clause. Failure to meet any of these parts automatically means that the policy violates the clause. The first, does the bill have a secular purpose? Here, the answer is clearly no. The sole purpose is to allow agencies taking state money to discriminate on the basis of religion rather than use a secular standard of acting in the best interest of the child. The second part of the test asks whether the primary effect of the bill is to either advance or inhibit religion. Here the bill does both. It allows state actors to advance their own religious beliefs at the expense of what is best for the children, and it allows the state actors to inhibit religious beliefs of others by punishing perspective parents with different beliefs by refusing to serve them. The final part of the test is whether the bill fosters an excessive entanglement with religion. Clearly, that is what is happening here. Agencies paid by the state to do the state’s work and licensed by the state are being permitted to use their religious beliefs to deny the placement of children in state custody. In summary, religious freedom is not a license to deny vulnerable children loving parents because those parents do not conform to a particular aspect of theatrical doctrine. The Michigan Family Forum in its recent report cites statistics from the Department of Health and Human Services ranking Michigan No. 5 in the nation for the number of children eligible for adoption remaining in foster care. A lot of agencies receiving state dollars to discriminate against qualified parents because of religious or moral convictions will have the most immoral of effects. Children will be left in foster care for longer time periods waiting to be adopted. I don’t think you have to be a child welfare expert to know how devastating and scarring it is for a child to grow up without the security of a family. In the end, this is really not about religious liberty. In instances where birth parents choose to work directly with an agency to have their child placed with a family of a particular faith, they have the right to do so. When children are removed from the families by the state because of abuse or neglect, the state has a duty to place them in homes based on the children’s needs and the prospective family’s abilities to meet those needs, not the religious or moral convictions of the agency hired to find families. These children have the right to have their placement decisions made based on their best interest, not religious criteria. In conclusion, just as the state cannot refuse to contract with a private faith-based agency simply because of the agency’s religious affiliation, and as such acts as the state for that purpose, it cannot refuse to work with a perspective parent due to religious affiliation. This is unconstitutional under both the state and federal levels, but it is exactly what these bills would allow these agencies to do. I urge a very careful consideration on this vote and urge a “no” vote. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator Johnson introduced Senate Bill No. 391, entitled A bill to amend 2014 PA 138, entitled “Workforce opportunity wage act,” by amending section 4 (MCL 408.414). The bill was read a first and second time by title and referred to the Committee on Government Operations. Committee Reports The Committee on Local Government reported House Bill No. 4331, entitled A bill to amend 1980 PA 243, entitled “Emergency municipal loan act,” by amending sections 2, 3, 4, 6, and 7 (MCL 141.932, 141.933, 141.934, 141.936, and 141.937), as amended by 2012 PA 284. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson No. 55] [June 10, 2015] JOURNAL OF THE SENATE 1225 To Report Out: Yeas: Senators Zorn, Proos and Rocca Nays: None The bill was referred to the Committee of the Whole. The Committee on Local Government reported House Bill No. 4332, entitled A bill to amend 1855 PA 105, entitled “An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies,” by amending section 1 (MCL 21.141), as amended by 2012 PA 287. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Proos and Rocca Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, June 9, 2015, at 10:30 a.m., Room 100, Farnum Building Present: Senators Zorn (C), Proos, Rocca and Young Excused: Senator Brandenburg The Committee on Education reported Senate Bill No. 33, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1136. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, June 9, 2015, at 8:30 a.m., Room 110, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek Scheduled Meetings Administrative Rules - Wednesday, June 17, 9:00 a.m., Room 426, Capitol Building (373-5773) Economic Development and International Investment - Thursday, June 11, 1:30 p.m., Room 210, Farnum Building (373-5312) Finance - Tuesday, June 16, 9:00 a.m., Room 210, Farnum Building (373-5312) 1226 JOURNAL OF THE SENATE [June 10, 2015] [No. 55 Michigan Competitiveness - Thursday, June 11, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5314) Senate Fiscal Agency Board of Governors - Thursday, June 11, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Transportation - Thursday, June 11, 8:30 a.m., Room 210, Farnum Building (373-5323) Veterans, Military Affairs and Homeland Security and House Military and Veterans Affairs - Thursday, June 11, 8:00 a.m., Room 519, South Tower, House Office Building (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 1:04 p.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, June 11, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 56 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, June 11, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1228 JOURNAL OF THE SENATE [June 11, 2015] [No. 56 everend Mark Pietscher of Bella Vista Church of Rockford offered the following invocation: R Father God Almighty, we thank You for Your grace, love, and mercy. We thank You that in the book of Proverbs You instruct us that the beginning of true wisdom is the fear of the Lord. Father, give us divine eyes to see that perspective; that You are God and we are not; that You call us from a divine perspective to bend our knees, hearts, and wills to Your way, guidance, wisdom, and love. Father, bless our Senators with that wisdom for the tremendous task of leading people and at the same time following You. Father, we thank You that in the book of Colossians You teach us that You are the Lord of the universe. You are the Lord of creation and the church and government. You are also the Lord of our lives. So we bend our hearts, wills, and ways to Your guidance. Bless us with real wisdom. We are grateful for Your love and grace. In Your unmatchable name, Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Green entered the Senate Chamber. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. Senator Knollenberg asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Knollenberg’s statement is as follows: I’d like to take a moment to recognize my legislative assistant, Christopher Pascoe, for his service to the people of the 13th District. Chris is moving on to new opportunities after graduating from MSU with a degree in Interdisciplinary Studies, with a concentration in Human Capital and Society and a specialization in Economics. That degree is difficult to say. I can only imagine how difficult it was to obtain. Chris has been with me since January working on constituent issues. As we know, the work we do on behalf of our constituents—the differences we are able to make in their daily lives—is the most important aspect of public service. Chris has done a great job. He’s been diligent, conscientious, and compassionate. Chris, you’ve served the people of the 13th District well, and I’m proud to have had you as part of my team. As a small token of my gratitude, I’d like to present you with a framed state Coat of Arms, signed by the members of the Michigan Senate. Colleagues, please join me in acknowledging Christopher Pascoe for his service to the people of the 13th District. The Secretary announced that pursuant to Rule 2.109 of the Standing Rules of the Senate, the following expense reports have been filed with the Senate Business Office for the quarter from January 1, 2015 through March 31, 2015, and are available in the Senate Business Office during business hours for public inspection: Committee Agriculture Appropriations Banking and Financial Institutions Commerce Economic Development Education Elections and Government Reform Energy and Technology Families, Seniors and Human Services Finance Government Operations Health Policy Insurance Judiciary Chairperson Senator Joe Hune Senator Dave Hildenbrand Senator Darwin Booher Senator Wayne Schmidt Senator Ken Horn Senator Phil Pavlov Senator David Robertson Senator Mike Nofs Senator Judy Emmons Senator Jack Brandenburg Senator Arlan Meekhof Senator Mike Shirkey Senator Joe Hune Senator Rick Jones No. 56] [June 11, 2015] JOURNAL OF THE SENATE ocal Government L Michigan Competitiveness Natural Resources Outdoor Recreation and Tourism Regulatory Reform Transportation Veterans, Military Affairs and Homeland Security Senator Senator Senator Senator Senator Senator Senator 1229 Dale Zorn Mike Shirkey Tom Casperson Goeff Hansen Tory Rocca Tom Casperson Margaret O’Brien The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, June 10: House Bill Nos. 4605 4606 4607 4608 4609 4610 4611 4612 4613 4614 4615 4616 The Secretary announced that the following bills were printed and filed on Wednesday, June 10, and are available at the Michigan Legislature website: Senate Bill Nos. 382 383 384 385 386 387 388 389 390 House Bill Nos. 4688 4689 4690 4691 4692 4693 4694 4695 4696 4697 4698 4699 4700 4701 4702 4703 4704 4705 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:08 a.m. 11:00 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator Young entered the Senate Chamber. Senator Kowall moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today: House Bill No. 4101 The motion prevailed, a majority of the members serving voting therefor. Messages from the Governor The following messages from the Governor were received: Date: June 8, 2015 Time: 12:10 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 86 (Public Act No. 46), being An act to amend 2001 PA 34, entitled “An act relative to the borrowing of money and the issuance of certain debt and securities; to provide for tax levies and sinking funds; to prescribe powers and duties of certain departments, state agencies, officials, and employees; to impose certain duties, requirements, and filing fees upon political subdivisions of this state; to authorize the issuance of certain debt and securities; to prescribe penalties; and to repeal acts and parts of acts,” by amending section 518 (MCL 141.2518), as amended by 2014 PA 297. (Filed with the Secretary of State on June 9, 2015, at 4:10 p.m.) Date: June 8, 2015 Time: 12:12 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 221 (Public Act No. 45), being An act to provide for the reciprocal exchange of distance education between this state and other states or a higher education compact; to prescribe the powers and duties of certain state agencies and officials; to provide for collection 1230 JOURNAL OF THE SENATE [June 11, 2015] [No. 56 of fees; to designate the state agency for negotiating distance education agreements; to establish a complaint process for students enrolled in distance education programs at participating colleges and universities; to establish an authorization and approval process for out-of-state distance education providers and participating colleges and universities in this state; to provide penalties; and to repeal acts and parts of acts. (Filed with the Secretary of State on June 9, 2015, at 4:08 p.m.) Date: June 8, 2015 Time: 12:14 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 271 (Public Act No. 47), being An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” (MCL 436.1101 to 436.2303) by adding section 1014. (Filed with the Secretary of State on June 9, 2015, at 4:12 p.m.) Date: June 8, 2015 Time: 12:18 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 196 (Public Act No. 48), being An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 217c, 217f, 248c, and 252a (MCL 257.217c, 257.217f, 257.248c, and 257.252a), section 217c as amended by 2002 PA 642, sections 217f and 248c as amended by 1993 PA 300, and section 252a as amended by 2008 PA 539. (Filed with the Secretary of State on June 9, 2015, at 4:14 p.m.) Date: June 8, 2015 Time: 12:24 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 9 (Public Act No. 52), being An act to amend 1970 PA 91, entitled “An act to declare the inherent rights of minor children; to establish rights and duties to their custody, support, and parenting time in disputed actions; to establish rights and duties to provide support for a child after the child reaches the age of majority under certain circumstances; to provide for certain procedure and appeals; and to repeal certain acts and parts of acts,” by amending section 7 (MCL 722.27), as amended by 2005 PA 328. (Filed with the Secretary of State on June 9, 2015, at 4:22 p.m.) Respectfully, Rick Snyder Governor No. 56] [June 11, 2015] JOURNAL OF THE SENATE 1231 By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator Jones introduced Senate Bill No. 392, entitled A bill to amend 1982 PA 432, entitled “Motor bus transportation act,” by amending the title and sections 1, 3, 4, 5, 7, 9, 15, 16, 17, 23, 27, 29, 32, 33, 34, 35, and 39 (MCL 474.101, 474.103, 474.104, 474.105, 474.107, 474.109, 474.115, 474.116, 474.117, 474.123, 474.127, 474.129, 474.132, 474.133, 474.134, 474.135, and 474.139), sections 3, 4, 5, 7, 17, 23, 27, 29, 33, 34, 35, and 39 as amended and section 32 as added by 1989 PA 233, section 9 as amended by 2012 PA 570, and section 16 as amended by 1996 PA 421, and by adding sections 10 and 38; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Transportation. Senator Hood introduced Senate Bill No. 393, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 803 (MCL 257.803), as amended by 2002 PA 490. The bill was read a first and second time by title and referred to the Committee on Transportation. Senator Robertson introduced Senate Bill No. 394, entitled A bill to amend 1917 PA 167, entitled “Housing law of Michigan,” by amending sections 1, 125, and 126 (MCL 125.401, 125.525, and 125.526), sections 1 and 126 as amended by 2008 PA 408. The bill was read a first and second time by title and referred to the Committee on Local Government. Senators Gregory, Nofs, Johnson, Knezek, Ananich, Hopgood, Hertel, Hood, Warren, Young and Smith introduced Senate Bill No. 395, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 277. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Hopgood, Warren, Smith, Bieda, Gregory, Knezek, Young, Johnson and Ananich introduced Senate Bill No. 396, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 719 and 724 (MCL 257.719 and 257.724), section 719 as amended by 2012 PA 282 and section 724 as amended by 2012 PA 498. The bill was read a first and second time by title and referred to the Committee on Transportation. Senators Ananich, Hertel, Bieda, Hopgood, Knezek, Warren and Young introduced Senate Bill No. 397, entitled A bill to prohibit an employer from making certain personal inquiries of employees or applicants for employment; to prohibit discrimination and retaliation for actions to enforce the prohibition on personal inquiries; and to provide remedies. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 4605, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 51 (MCL 206.51), as amended by 2012 PA 223. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 4606, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2012 PA 226. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. 1232 JOURNAL OF THE SENATE [June 11, 2015] [No. 56 House Bill No. 4607, entitled A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending sections 7 and 8 (MCL 12.257 and 12.258), as amended by 2014 PA 504. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 4608, entitled A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding section 15. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 4609, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 272 (MCL 206.272), as amended by 2011 PA 38. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 4610, entitled A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” (MCL 220.1 to 239.6) by adding section 19c to chapter IV. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 4611, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 11c (MCL 247.661c), as amended by 2002 PA 498. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. No. 56] [June 11, 2015] JOURNAL OF THE SENATE 1233 House Bill No. 4612, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2012 PA 498. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 4613, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 10, 11, 12, 13, and 14 (MCL 247.660, 247.661, 247.662, 247.663, and 247.664), section 10 as amended by 2007 PA 210, section 11 as amended by 2002 PA 639, sections 12 and 13 as amended by 2012 PA 298, and section 14 as amended by 1987 PA 234. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 4614, entitled A bill to amend 2004 PA 175, entitled “Streamlined sales and use tax revenue equalization act,” by amending sections 3 and 5 (MCL 205.173 and 205.175). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 4615, entitled A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending sections 2, 3, 8, 22, 40, 45, 53, 63, 122, 151, 152, 153, 154, and 155 (MCL 207.1002, 207.1003, 207.1008, 207.1022, 207.1040, 207.1045, 207.1053, 207.1063, 207.1122, 207.1151, 207.1152, 207.1153, 207.1154, and 207.1155), sections 2 and 122 as amended by 2002 PA 668, section 3 as amended by 2006 PA 277, and section 8 as amended by 2006 PA 268. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 4616, entitled A bill to amend 1980 PA 119, entitled “Motor carrier fuel tax act,” by amending sections 1, 2, 2a, 4, 5, 6a, 8, 9, and 10 (MCL 207.211, 207.212, 207.212a, 207.214, 207.215, 207.216a, 207.218, 207.219, and 207.220), section 1 as amended by 2002 PA 667, sections 2 and 4 as amended by 2006 PA 346, section 2a as added by 1994 PA 353, section 5 as amended and section 6a as added by 1996 PA 584, and section 8 as amended by 2006 PA 449. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. 1234 JOURNAL OF THE SENATE [June 11, 2015] [No. 56 By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Young as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 358, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1531 and 1531i (MCL 380.1531 and 380.1531i), section 1531 as amended by 2007 PA 32 and section 1531i as added by 2009 PA 202. Substitute (S-2). The following are the amendments to the substitute recommended by the Committee of the Whole: 1. Amend page 6, line 2, after “examination.” by inserting “IF THE DEPARTMENT DEVELOPS FOR USE UNDER THIS SUBSECTION AN EXAMINATION THAT HAD PREVIOUSLY BEEN CONTRACTED FOR USING A COMPETITIVE BID PROCESS, THEN THE DEPARTMENT SHALL NOT EXPEND ON THE DEVELOPMENT OF THAT EXAMINATION AN AMOUNT THAT EXCEEDS THE AMOUNT THAT THE DEPARTMENT EXPENDED ON PROCUREMENT OF THE MOST RECENT COMPETITIVELY-BID VERSION OF THAT EXAMINATION.”. 2. Amend page 8, line 8, after “section.” by inserting “IF THE SUPERINTENDENT OF PUBLIC INSTRUCTION INCREASES A FEE CHARGED FOR AN EXAMINATION UNDER THIS SUBSECTION, AT LEAST 1 YEAR BEFORE IMPLEMENTING THE FEE INCREASE, THE DEPARTMENT SHALL NOTIFY EACH APPROVED TEACHER EDUCATION INSTITUTION OF THE AMOUNT OF THE FEE INCREASE. AN APPROVED TEACHER EDUCATION INSTITUTION SHALL NOTIFY EACH OF ITS AFFECTED STUDENTS OF THE TIMING AND AMOUNT OF SUCH A FEE INCREASE.”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4101, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 11:13 a.m. 11:34 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today: House Bill No. 4052 The motion prevailed, a majority of the members serving voting therefor. No. 56] [June 11, 2015] JOURNAL OF THE SENATE 1235 By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Young as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4052, entitled A bill to limit the powers of local governmental bodies regarding the regulation of terms and conditions of employment within local government boundaries for employees of nonpublic employers. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage: House Bill No. 4101 House Bill No. 4052 The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 209 Senate Bill No. 211 House Bill No. 4101 House Bill No. 4052 The motion prevailed. The following bill was read a third time: Senate Bill No. 209, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278 (MCL 380.1278), as amended by 2004 PA 596, and by adding sections 1167 and 1279h. The question being on the passage of the bill, Senator Knezek offered the following amendments: 1. Amend page 1, line 6, by striking out “THE CORE PRINCIPLES OF”. 2. Amend page 1, line 6, after “INDEPENDENCE” by striking out the comma and the balance of the subdivision and inserting a period. 3. Amend page 2, line 10, by striking out “CORE PRINCIPLES OF OUR”. 4. Amend page 2, line 10, after “CONSTITUTION” by striking out the comma and the balance of the subdivision and inserting a period. 5. Amend page 3, line 25, by striking out “THE CORE PRINCIPLES OF”. 6. Amend page 3, line 25, after “CONSTITUTION” by striking out the comma and the balance of the subdivision and inserting a period. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 284 Yeas—18 Ananich Hood Bieda Hopgood Nofs Shirkey O’Brien Smith 1236 JOURNAL OF THE SENATE [June 11, 2015] Gregory Johnson Rocca Warren Hansen Knezek Schuitmaker Young Hertel Knollenberg Nays—20 Booher Brandenburg Casperson Colbeck Emmons Green Hildenbrand Horn Hune Jones Kowall Proos MacGregor Robertson Marleau Schmidt Meekhof Stamas Pavlov Zorn Excused—0 Not Voting—0 In The Chair: President he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 285 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. [No. 56 No. 56] [June 11, 2015] JOURNAL OF THE SENATE 1237 Protests Senators Knezek, Young, Johnson, Bieda, Gregory, Hopgood, Ananich, Hood, Smith and Hertel, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 209. Senator Knezek’s statement, in which Senators Young, Johnson, Bieda, Gregory, Hopgood, Ananich, Hood, Smith and Hertel concurred, is as follows: Again, I am deeply concerned, as are my colleagues, about the fact that we are picking and choosing in this chamber what it is about the United States Constitution, the Michigan Constitution, and the Declaration of Independence that is or is not important as it relates to the education of our children. I put forward a very simple, straightforward, and commonsense amendment that sought to ensure that the entirely of those documents is taught to our children. For whatever reason, that amendment was very narrowly defeated today. I think it is important and incumbent for every one of us to think about when we talk about being prescriptive from Lansing and we talk about educating from the top down and enabling local control, and then do the exact opposite with legislation. What type of message does that send to our residents? What type of message does that send to the students who are the recipients and bear the burden of the legislation we pass here today? I thank you for this opportunity to explain my “no” vote, and I thank my colleagues for their consideration. Senator Knezek asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Knezek’s statement is as follows: I had a number of remarks that I had prepared to share as it relates to my amendment, but I would like to thank the previous speaker for making all of my points for me. What is so dangerous about the bill as it is written is that it only asks and only delineates that we teach our students specific elements of the Declaration of Independence, specific elements of the Constitution, and specific elements of the Michigan Constitution. I believe, and I know a number of us do, that in order to understand these very vital and important documents, it is important to understand them in their entirety. It should not be left up to the Michigan Senate as a body or to any one Senator to determine what aspects of the Constitution are more important than the others. If that is the approach that we want to take, let me point out the aspects of the Constitution that were left out of this bill that, apparently, are not important enough to be taught to our children. This bill makes no mention to the Fourth Amendment that talks about illegal searches and seizures here in Michigan and the country. Again, in a time where we have seen the Fourth Amendment whittled away to almost nothing in this country, I cannot understand why we wouldn’t want to drive home the importance of that amendment to our children. This bill makes no mention to the Thirteenth Amendment which talks about the abolition of slavery. This bill makes no mention to the Fourteenth Amendment. It takes a five-section amendment and barrels it down to one section. The Fifteenth Amendment that talks about the right of U.S. citizens to vote is not made mention of either. Nor is the Nineteenth Amendment mentioned, which I imagine would be very important to a number of women in this room as well as the women across the state of Michigan. So my amendment, quite simply, asks my colleagues on this side of the aisle and the other side to support a bill that doesn’t pick and choose which parts of the Constitution we want to teach our children. I am asking with this amendment that we teach our children the entire Declaration of Independence, the entire United States Constitution, and the entire Michigan Constitution. The following bill was read a third time: Senate Bill No. 211, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1168. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 286 Yeas—30 Ananich Hertel MacGregor Robertson Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt 1238 JOURNAL OF THE SENATE [June 11, 2015] [No. 56 Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knezek Pavlov Stamas Green Knollenberg Proos Zorn Hansen Kowall Nays—8 Bieda Hood Johnson Warren Gregory Hopgood Smith Young Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4101, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 287 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 In The Chair: President Not Voting—0 No. 56] [June 11, 2015] JOURNAL OF THE SENATE 1239 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4052, entitled A bill to limit the powers of local governmental bodies regarding the regulation of terms and conditions of employment within local government boundaries for employees of nonpublic employers. The question being on the passage of the bill, Senator Warren offered the following amendment: 1. Amend page 5, following line 22, by inserting: “Sec. 18. This act does not prohibit the adoption, enforcement, or administration of a local ordinance approved by a majority of the electors voting on the ordinance.”. The question being on the adoption of the amendment, Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 12:05 p.m. 12:18 p.m. The Senate was called to order by the President, Lieutenant Governor Calley. he amendment was not adopted, a majority of the members serving not voting therefor. T Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 288 Yeas—15 Ananich Hertel Knezek Smith Bieda Hood Nofs Warren Casperson Hopgood Rocca Young Gregory Johnson Schuitmaker Nays—23 Booher Hildenbrand MacGregor Robertson Brandenburg Horn Marleau Schmidt Colbeck Hune Meekhof Shirkey Emmons Jones O’Brien Stamas Green Knollenberg Pavlov Zorn Hansen Kowall Proos Excused—0 Not Voting—0 In The Chair: President The President pro tempore, Senator Schuitmaker, assumed the Chair. 1240 JOURNAL OF THE SENATE [June 11, 2015] Senator Young offered the following amendment: 1. Amend page 3, line 1, by striking out all of section 4 and renumbering the remaining sections. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 289 Yeas—13 Ananich Hertel Johnson Smith Bieda Hood Knezek Warren Casperson Hopgood Rocca Young Gregory Nays—25 Booher Horn Marleau Robertson Brandenburg Hune Meekhof Schmidt Colbeck Jones Nofs Schuitmaker Emmons Knollenberg O’Brien Shirkey Green Kowall Pavlov Stamas Hansen MacGregor Proos Zorn Hildenbrand Excused—0 Not Voting—0 In The Chair: Schuitmaker Senator Bieda offered the following amendment: 1. Amend page 1, line 3, by striking out all of section 2 and renumbering the remaining sections. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 290 Yeas—14 Ananich Hertel Knezek Smith Bieda Hood Nofs Warren Casperson Hopgood Rocca Young Gregory Johnson Nays—24 Booher Hildenbrand Brandenburg Horn MacGregor Robertson Marleau Schmidt [No. 56 No. 56] [June 11, 2015] JOURNAL OF THE SENATE Colbeck Emmons Green Hansen Hune Meekhof Schuitmaker Jones O’Brien Shirkey Knollenberg Pavlov Stamas Kowall Proos Zorn Excused—0 Not Voting—0 In The Chair: Schuitmaker Senator Casperson offered the following amendment: 1. Amend page 5, line 12, after “16.” by striking out “Subject to sections 6 to 12, this” and inserting “This”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 291 Yeas—18 Ananich Hertel Knezek Smith Bieda Hood Nofs Warren Casperson Hopgood O’Brien Young Emmons Johnson Rocca Zorn Gregory Jones Nays—20 Booher Hildenbrand MacGregor Robertson Brandenburg Horn Marleau Schmidt Colbeck Hune Meekhof Schuitmaker Green Knollenberg Pavlov Shirkey Hansen Kowall Proos Stamas Excused—0 Not Voting—0 In The Chair: Schuitmaker Senator Hertel offered the following amendment: 1. Amend page 3, line 20, by striking out all of section 7 and renumbering the remaining sections. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: 1241 1242 Roll Call No. 292 JOURNAL OF THE SENATE [June 11, 2015] [No. 56 Yeas—15 Ananich Hertel Knezek Smith Bieda Hood Nofs Warren Casperson Hopgood O’Brien Young Gregory Johnson Rocca Nays—23 Booher Hildenbrand MacGregor Schmidt Brandenburg Horn Marleau Schuitmaker Colbeck Hune Meekhof Shirkey Emmons Jones Pavlov Stamas Green Knollenberg Proos Zorn Hansen Kowall Robertson Excused—0 Not Voting—0 In The Chair: Schuitmaker Senator Stamas offered the following amendment: 1. Amend page 3, line 5, after “law.” by inserting “This section does not prohibit an ordinance, local policy, or local resolution requiring a criminal background check for an employee or potential employee in connection with the receipt of a license or permit from a local governmental body.”. The amendment was adopted, a majority of the members serving voting therefor. Senator Casperson offered the following amendments: 1. Amend page 5, line 10, after “from” by striking out “adopting” and inserting “doing any of the following: (a) Entering into or complying with an agreement with an owner, developer, contractor, or subcontractor receiving a grant, tax abatement, tax credit, or other remuneration from or through the local governmental body in connection with the provision of services to the local governmental body, which specifies the rights and responsibilities of the local governmental body and the owner, developer, contractor, or subcontractor, and the terms and conditions for the provision of services to the local governmental body. (b) Adopting”. 2. Amend page 5, line 12, by striking out all of section 16 and renumbering the remaining section. The amendments were not adopted, a majority of the members serving not voting therefor. The Assistant President pro tempore, Senator O’Brien, assumed the Chair. he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 293 Yeas—22 Booher Hildenbrand Brandenburg Horn Colbeck Hune MacGregor Robertson Marleau Schmidt Meekhof Schuitmaker No. 56] [June 11, 2015] JOURNAL OF THE SENATE 1243 Emmons Jones Pavlov Shirkey Green Knollenberg Proos Stamas Hansen Kowall Nays—16 Ananich Bieda Casperson Gregory Hertel Hood Hopgood Johnson Knezek Smith Nofs Warren O’Brien Young Rocca Zorn Excused—0 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. Protests Senators Young, Warren, Hood, Ananich, Casperson, Gregory and Bieda, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 4052. Senators Young, Warren, Gregory and Bieda moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.” The motion prevailed. Senator Young’s statement is as follows: I would like to begin with a quote: “I want the federal government to create a pilot project that would turn control of federal forestland over to local authorities. Those local officials are better equipped to make management decisions. We believe local control in this case and local management could do a better job because they know the local area, and they know the land better.” That is my colleague from the 11th District extolling the virtues of local control. Another thing he said was that he wants legislation to allow localities and local governments to choose to become right-to-work zones as alternatives to the debate over whether Michigan should be a right-to-work state. “This could be used as sort of a test model”—have to watch out for those test models; it’s code for garbage—“to see what interest there is at the local level.” That was my colleague from the 13th District. I would like to give you another quote: “The EAA solidifies our plans for rescuing these children while including local control options, oversight, and parameters to ensure students are getting the best education possible.” That was my colleague in the House, a member of the majority caucus. Here is my colleague from the 7th District: “I am opposed to any state mandate that local school districts must open their district to students from other districts. My preference is for local control. We elect local school boards to make these decisions based on what is best for a given community.” Colleagues, I have one simple question: Why? If local control is so important to you—and it must be because you use it as the reason for passing so much of your legislation—why then do you now want to gut local control with this bill? It seems to me you were either dishonest then, or you’re being dishonest now. Either way, it’s shameful; it’s cynical. It’s not what we were sent here to do. I oppose this blatant power grab, and I encourage you to do the same. I am sick and tired of these folks who haven’t lived in Detroit since Reagan was President, since clear Pepsi was a thing, and since Marky Mark and the Funky Bunch were tearing up the music charts. He wants to come in and tell me how to run my district and tell me how my city should operate. These guys don’t know what they are talking about. I look at some of these guys and think of Betamax—they still make you? These guys are like Morse Code in a Samsung Galaxy universe. I don’t even know why we pay these people attention, let alone take up their bills. They don’t know what they are talking about. 1244 JOURNAL OF THE SENATE [June 11, 2015] [No. 56 I would rather have someone strip my clothes until I am wearing nothing but a Speedo, douse me in honey, and throw me in a pit of bears than to vote for this trash. That is all this is. It is garbage that will not do anything for anyone in any community. It is taking rights from my constituents. My constituents have negotiated for 10 years for a community business agreement just for clean air, just a pot to pee in, and a window to throw it out. Now you are going to come and take that away from them. Have you no shame? I have bills that we can pass if you just want to do some things to pass the time, if you aren’t serious about dumping this. I oppose this blatant power grab and encourage you all to do the same. enator Warren’s statement, in which Senators Hood, Ananich and Casperson concurred, is as follows: S I rise to provide my “no” vote explanation for House Bill No. 4052. As you have probably gathered by the comments I have already made today, I do serve on the Michigan Competitiveness Committee which had an 8:30 hearing this morning on this legislation. In doing my preparation this morning for committee, I have been thinking a lot about the resolutions that are introduced and passed here in the Legislature, seemingly daily/weekly, telling Washington that we as states are not a cookie cutter and urging the federal branch to let us decide what is right for our citizens and our state. This thought led me to Senate Concurrent Resolution No. 12, sponsored by the good Senator from the 16th District and chair of the Michigan Competitiveness Committee and co‑sponsored by all of his colleagues in committee and by many in this chamber. The thrust of the resolution is to urge the United States Supreme Court to recognize its limited historic role in a federal system and to urge the states to become proactive in defending their sovereignty against federal overreach. More specifically, though, the fifth Whereas clause is what really drew my attention, and it reads as follows: “This arrangement of federalism best meets the needs of the states which often vary in customs and values and which are in a position to best understand the needs and desires of their own citizens. Altering wrongs on the part of government is much more easily accomplished at the state level than at the federal level.” What really struck me about this clause was that you could very easily substitute local in place of state, and it would still hold true. Just as we are arguably closer to our constituents and our state needs than our federal counterparts, our local electeds and certainly the people themselves are uniquely positioned to understand the varying needs and fundamental values of their communities. We have offered some amendments today to try to make this legislation a little more palatable for our local communities, but the truth is this is flawed legislation. It interferes with our local governments’ most basic functions and, in many cases, overturns local ordinances approved by the voters, circumventing the will of the people. It has been so broadly and poorly written that it stands to create myriad unintended consequences for local governments and citizens across our state. It essentially guts the processes and policies many local communities have had in place for decades. Perhaps the most insulting thing about this legislation is that it deigns to suggest that those of us in this room know what is best for diverse communities across the state, from Ann Arbor to Baraga to Muskegon to Kalamazoo. We know from our collective experience that a one-size-fits-all approach cannot work, and the travesty of this legislation is that it forces on all of our communities while insinuating that Lansing knows best. Well, I think you can knock on just about anyone’s door in our state nowadays, and they will tell you Lansing does not know best. I urge you to join me in rejecting this dangerous legislation. Let’s stop interfering in local business, and allow our local governments to do their jobs while we take care of the many issues we have at hand. I think we all know there are more than enough to keep us busy all summer. enator Gregory’s statement is as follows: S I stand for a “no” vote explanation on this House Bill No. 4052. Colleagues, I rise to oppose this sweeping and problematic legislation before us that would eliminate our local government’s ability to set ordinances for businesses in their area. A wide array of organizations oppose this legislation and for the very same reasons that I do. First and foremost, this bill eliminates local control. At its base, this bill is a big-government takeover that trumps local elected officials and any decisions that they make. As a former county commissioner, I find this very offensive. It is telling our local businesses that they don’t know what is best for their communities and you do, and that Big Brother state government knows best. So often I hear my colleagues on the other side of the aisle talk about local control and how the Legislature should trust local governments with local issues. So where are they today? The impact of this bill is as bad as the intent. Around the state and throughout our districts, there are currently important and effective local ordinances that could be wiped out in one fell swoop with this bill. What about all of the open and accepting local communities that have passed ordinances against workplace discrimination due to a person’s sexual orientation or gender identity? Those, too, could be wiped out or at least rendered useless as this bill strategically includes enough language to say this is addressed but still dilutes any actually enforcement to do it. So will local laws that ensure community residents receive benefits for public works projects that affect their homes and interfere with their lives, like we have been discussing for years as part of the NITC bridge between Detroit and Windsor. Local ordinances to promote paid sick leave and prevailing wage could also be gone. Local efforts to promote the hiring of veterans could also be gone. This bill would undermine all local issues whether you support them or not. It will hurt your local governments, businesses, employees, and constituents, as well as mine. No. 56] [June 11, 2015] JOURNAL OF THE SENATE 1245 This is just scratching the surface of the damage this bill could do, but it is already enough justification to oppose this bill. I urge all of my colleagues to join me today in standing up for local governments and local control, ending this government overreach before it starts, and oppose this bill. enator Bieda’s statement is as follows: S I rise to oppose this bill. I am reminded, when I think of local control, of a phrase popularized by U.S. Supreme Court Justice Louis Brandeis in the case New State Ice Company v. Liebmann. For those of you who suffered along with me in law school, you may remember this case. The term “laboratories of democracy” was quoted. That term kind of defines how states may, if its citizens choose, serve as a laboratory and try novel, social, and economic experiments without risk to the rest of the country. This concept explains how within the federal framework, there exists a system of state autonomy where state and local governments act as social laboratories; where laws and policies are treated and tested at the state level in the democratic system in a manner similar to a scientific method. The Tenth Amendment to the U.S. Constitution provides that all powers not delegated to the United States by the Constitution, nor prohibited, are reserved to the states, respectively to the people. This is the basis for the laboratories of democracy concept because the Tenth Amendment assigns most day-to-day government responsibilities, including general police powers, to the state and local governments. Because there are fifty states, different policies can be enacted and tested at the state level without directly impacting the entire country. As a result, a diverse patchwork of state level government practices has been created. This is similar to what we have in the state of Michigan. When we talk about local control, we take a look at each of those communities. Those people are closest to that level of government, and they are the closest to the citizens. They are in a better position to put together a system of laws that impact values for the local economy and values of the communities. Therefore, as I rise to oppose House Bill No. 4052, I recognize that is an assault on our state’s local governments and their ability to establish local laws. Let’s review. This wide-reaching bill was rushed out of the Senate committee today with very little debate and little acknowledgment of its flaws and opposition. As the Michigan Competitiveness Committee chair from the 16th District witnessed this morning, there were myriad organizations that oppose this bill, but the bill passed out of committee anyway. Amendments by my colleagues that were intended to improve this bill were defeated, and opposition from the committee was quickly dismissed. But as an olive branch offered up at the end of committee, the chair told the room that we were going to continue the discussion on this bill and that he would be willing to work together to improve it. Now, just a few hours later, this bill is being rammed through the full Senate and fast-tracked into law. Apparently, by “discussion,” the chair meant allowing us to give a few “no” vote explanations before the bill passed. Passing this bad legislation that hurts our local governments, businesses, workers, and constituents is one thing, but doing so with such limited debate adds insult to injury. This bill is moving so fast that I don’t think you have even begun to comprehend the consequences that are going to arise, but I assure you they are there. If this bill becomes law, I think every day you will realize the error of your ways and see more problems caused by this legislation. Just as we saw with the fireworks law and other bills, hasty legislation leads to constant revisions. You have to reopen the same acts over and over again to make corrections to bills because its supporters didn’t fully understand their impact; also because their local governments and their constituents, the people we most directly represent, raise their concerns. If we truly want to embrace compromise and debate this bill, then let’s hold off on passing it for, say, more than three hours. I oppose this bill and I oppose the way it’s being rushed through. I hope you will join me in supporting the continued debate these important issues demand by opposing these bills. Senators Zorn and O’Brien moved that they be permitted to submit in writing their reasons for voting “no” for inclusion in a subsequent Journal. The motion prevailed. Senators Bieda and Schuitmaker asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Bieda’s statement is as follows: This simple amendment would strike out a section of the bill that sets forth legislative findings regarding the employ­ ment relationship between nonpublic employers and employees. A little bit of history on this bill: Not only was it rammed through committee this morning without giving the minority vice chair a real opportunity to speak on it, but it also contains language that sets forth legislative findings without any real testimony, discussion, study, or debate. I think that is something that should give us all great pause. 1246 JOURNAL OF THE SENATE [June 11, 2015] [No. 56 At the federal level, there is a congressional finding, or legislative finding, that oftentimes takes weeks of analysis, extensive testimony, and oftentimes in-depth discussion on an issue. I think that this is something that we really need to look at very carefully if we’re going to be honest about what we have in this bill. It really doesn’t add anything to it, but it is dishonest having it in there. Many legal scholars caution against the general use of these findings, including Supreme Court Justice Antonin Scalia who points out that so-called legislative intent is often used by proponents of legislation to persuade a court to interpret a statute in a manner that was not agreed to by the legislative body. That is not the way we should be approaching the work we do in this chamber. Since courts may use legislative intent to interpret statutes that are ambiguous or questionable, it is important that we take the time to get it right. As Senators, we have a constitutional duty that we all have been entrusted with, a tremendous responsibility to carefully craft policies that affect millions of Michigan residents. Personally, as an attorney, it is especially important to me that we take the time and care to ensure that this process is thoughtful and honest and that the language we include in our legislation is meaningful. To me, it undermines the integrity of this process when we rush bills through the process and simply insert legislative findings without actually making those findings. This language is simply not honest. If there is a real consensus on a topic we feel strongly about, we should have no problem taking the time and care to vet the issue through the committee process and through discussion and debate on the floor. Let’s take a minute to be really thoughtful about the way we use legislative findings, rather than simply adding them to bills as an afterthought. To do anything less strikes me as dishonest and disrespects the service we were elected to perform. I ask my colleagues for your support for this amendment. enator Schuitmaker’s statement is as follows: S I rise in support of House Bill No. 4052. Over the last several years, hundreds of thousands of jobs have been created as businesses located or expanded here in Michigan. If there was one thing I heard on the campaign trail, it was create jobs. As local governments attempt to pass more and more burdensome regulations and a patchwork of rules for private businesses, we are in danger of driving those very jobs out as employers are forced to decide whether it is worth it to stay. Let’s get government out of the way. This is especially true for some of our largest employers who may have multiple locations throughout the state. It is bad for business and bad for Michigan, and it will only hinder growth to have a patch­ work of regulations and burdensome rules for these businesses. Job creators need certainty and predictability when deciding where to invest capital that creates good-paying jobs for our Michigan families. This bill ensures that businesses will continue to locate and expand here in Michigan, and jobs will continue to be created. By unanimous consent the Senate returned to the order of Messages from the House Senator Kowall moved that rule 3.202 be suspended to permit immediate consideration of the following bill: Senate Bill No. 217 The motion prevailed, a majority of the members serving voting therefor. Senate Bill No. 217, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 7dd and 7jj (MCL 211.7dd and 211.7jj[1]), section 7dd as amended by 2013 PA 44 and section 7jj as amended by 2013 PA 42. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the substitute made to the bill by the House, Senator Kowall moved that further consideration of the bill be postponed for today. The motion prevailed. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following concurrent resolution be postponed for today: S House Concurrent Resolution No. 3 The motion prevailed. No. 56] [June 11, 2015] JOURNAL OF THE SENATE 1247 enator Emmons offered the following resolution: S Senate Resolution No. 69. A resolution to commemorate June 10, 2015, as Dairy Foods Awareness Day. Whereas, There are approximately 1,700 Grade A dairy farms in Michigan and 390,000 dairy cows, representing approxi­ mately 2,000 dairy herds. Dairy cows in Michigan produced approximately 9.6 billion pounds of milk. Michigan ranked 7th in milk production in the U.S., producing 4.4 percent of the nation’s milk. The dairy industry in Michigan contributes $14.7 billion to the state’s economy. The average Michigan cow produces approximately 24,638 pounds of milk each year, which is 2,865 gallons of milk a year, or more than 8 gallons of milk every day of each cow’s milking period. According to the USDA, 98 percent of U.S. dairy farms are family owned and operated, sometimes by multiple generations of a family; and Whereas, The mission of the Michigan Dairy Foods Association is to support and promote activities designed to improve and maintain the general well-being of the dairy processing industry; and Whereas, The Michigan Dairy Foods Association is a trade and membership service organization representing all aspects of the dairy processing industry in Michigan. The association’s primary purposes are to assure that a strong environ­ment exists for the creation and maintenance of sound public policy as it relates to all aspects of the dairy processing industry in Michigan; to enhance the position, prestige, and competitive ability of the association’s members; and to provide educational programs to enhance the members’ abilities to process and market fine dairy products, packaged waters, and juices in Michigan and throughout the world; and Whereas, Dairy Foods Awareness Day was established by the Michigan Dairy Foods Association to demonstrate the importance of the dairy processing industry in Michigan and to promote the 3-A-Day concept of three servings of calcium-rich dairy products per day, which helps ensure a healthy diet. We salute the people of the Michigan Dairy Foods Association for their efforts to expand our awareness and knowledge of the dairy processing industry; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate June 10, 2015, as Dairy Foods Awareness Day in the state of Michigan; and be it further Resolved, That a copy of this resolution be transmitted to the organizers of Dairy Foods Awareness Day as evidence of our esteem. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Green, Gregory, Hansen, Hopgood, Knollenberg, Kowall, MacGregor, Marleau, O’Brien, Pavlov, Proos, Robertson, Stamas and Zorn were named co‑sponsors of the resolution. enator Proos offered the following resolution: S Senate Resolution No. 70. A resolution to recognize June 15-21, 2015, as Men’s Health Week and June 15, 2015, as Blue Monday. Whereas, The top causes of death in American men are heart disease at 25.4 percent and cancer at 24.1 percent, and 1 in 6 American men will develop prostate cancer in their lifetime; and Whereas, More than half of all premature deaths among American men are preventable, and only 30 percent of men’s health factors are genetic, while 70 percent are environmental; and Whereas, Almost twice as many men as women die as a result of injuries and violence each year, and the three leading causes of death from injuries for men are road traffic injuries, suicide, and homicide; and Whereas, The purpose of Men’s Health Week is to heighten the awareness of preventable health problems and encourage early detection and treatment of disease among men and boys; and Whereas, This week gives health care providers, public policy makers, the media, and all individuals an opportunity to encourage men and boys to seek regular medical advice and early treatment for disease and injury; and Whereas, Blue Monday is a day to promote and kick off Men’s Health Week, endorse men’s health engagement, education, and advocacy, and demonstrate a dedicated interest in the men’s health movement; and Whereas, As part of Blue Monday, men, women, and children who wish to support the men in their lives are asked to dress in blue, and men are encouraged to plan exercise or a healthful activity to be a part of that day; and Whereas, Businesses, corporations, and community organizations are asked to embrace Blue Monday as part of their culture, joining employees together to support the cause; now, therefore, be it Resolved by the Senate, That the members of this legislative body recognize June 15-21, 2015, as Men’s Health Week and June 15, 2015, as Blue Monday in the state of Michigan. We strongly urge all citizens to increase their knowledge of men’s health issues as well as disease and injury prevention. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Emmons, Gregory, Hansen, Knollenberg, Marleau, O’Brien, Stamas and Zorn were named co‑sponsors of the resolution. 1248 JOURNAL OF THE SENATE [June 11, 2015] [No. 56 Senators Johnson, Hood, Jones, Gregory, Knezek, Hopgood, Smith, Ananich, Hertel and Warren offered the following resolution: Senate Resolution No. 71. A resolution to memorialize the Congress of the United States to pass H.R. 1807 of 2015, the Sickle Cell Disease Research, Surveillance, Prevention, and Treatment Act of 2015. Whereas, Sickle cell disease in an inherited lifelong condition in which the body makes an altered form of hemoglobin resulting in abnormal, crescent-shaped red blood cells. The side effects of sickle cell disease include shortened life expectancy, chronic pain episodes, strokes, acute chest syndrome, organ damage, vision loss, and infections; and Whereas, Sickle cell disease disproportionately impacts African Americans. There are significant ethnic and racial disparities within the United States health care system that has impacted the manner in which research funding has been directed toward effective treatment methods and the pursuit of a potential cure for this disease; and Whereas, Coverage for treatment of sickle cell disease drops after the age of 19. Comprehensive medical services for adults with sickle cell disease is inadequate and fragmented. Many adults with sickle cell disease rely excessively on emergency room care to treat chronic pain; and Whereas, H.R. 1807 strives to increase funding for research and surveillance on sickle cell disease, improve awareness, and increase access to treatment of sickle cell disease. The legislation also seeks to identify strategies for the prevention and treatment of sickle cell disease; now, therefore, be it Resolved by the Senate, That we memorialize the Congress of the United States to pass H.R. 1807 of 2015, the Sickle Cell Disease, Research, Surveillance, Prevention, and Treatment Act of 2015; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Health Policy. The motion prevailed. By unanimous consent the Senate returned to the order of Introduction and Referral of Bills Senator Ananich introduced Senate Bill No. 398, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 5427. The bill was read a first and second time by title and referred to the Committee on Health Policy. Statements Senator Bieda asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Bieda’s statement is as follows: I would like to speak to two important anniversaries. One of them is for a constituent of mine who will be turning 101 years old this Saturday, June 13. She lives in Fraser, and she has been very active in the Fraser Library Club. Her name is Eleanor Skubick. If that name sounds familiar, she is the mother of our capitol correspondent, Tim Skubick. I hope you will join me in wishing her a great 101st birthday celebration. The other anniversary I would like to address comes this Monday, June 15, and it marks the 800th anniversary of the Magna Carta. We had a little bit of a history debate going on earlier today, but I think we will all agree that the Magna Carta, which is Latin for “The Great Charter” and is also referred to as the “The Great Charter of the Liberties,” is a very important document in the creation of some of the liberties that we have in our Constitution and in our country. The Magna Carta was a charter agreed to by King John of England at Runnymede near Windsor on June 15, 1215. First drafted by the Archbishop of Canterbury to make peace between the unpopular king and a group of rebel barons, it promised the protection of church rights, protection for the barons from illegal imprisonment, access to swift justice, and limitations on feudal payments to the Crown, to be implemented through a council of 25 barons. The charter became part of English political life and was typically renewed by each monarch in turn, although as time went by and the fledgling English Parliament passed new laws, it lost some of its practical significance. At the end of No. 56] [June 11, 2015] JOURNAL OF THE SENATE 1249 the 16th century, there was an upsurge in interest in the Magna Carta. Lawyers and historians at the time believed that there was an ancient English constitution, going back to the days of the Anglo-Saxons, that protected individual English freedoms. They argued that the Norman invasion of 1066 had overthrown these rights, and the Magna Carta had been a popular attempt to restore them, making the charter an essential foundation for the contemporary powers of Parliament and legal principles such as habeas corpus. Although this historical account was badly flawed, jurists such as Sir Edward Coke used the Magna Carta extensively in the early 17th century, arguing against the divine right of kings propounded by the Stuart monarchs. Both James I and his son Charles I attempted to suppress the discussion of the Magna Carta until the issue was curtailed by the English Civil War of the 1640s and the execution of Charles. The political myth of the Magna Carta and its protection of ancient personal liberties persisted after the Glorious Revolution of 1688 until well into the 19th century. It influenced the early American colonists in the thirteen colonies and the formation of the American Constitution in 1789, which became the supreme law of the land in the new republic of the United States. Research by Victorian historians showed that the original 1215 charter had concerned the medieval relationship between the monarch and the barons, rather than the rights of ordinary people. But the charter remained a powerful, iconic document even after almost all of its content was repealed from the statute books in the 19th and 20th centuries. The Magna Carta still forms an important symbol of liberty today, often cited by politicians and campaigners and is held in great respect by the British and American legal communities. Lord Denning described it as “the greatest con­ stitutional document of all times—the foundation of the freedom of the individual against the arbitrary authority of the despot.” It is an important anniversary. I thought it would be appropriate that we mark this. It will be this Monday, June 15, and it’s the 800th anniversary of the Magna Carta. Committee Reports The Committee on Judiciary reported Senate Bill No. 332, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 703 (MCL 436.1703), as amended by 2012 PA 125. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 333, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 319 (MCL 257.319), as amended by 2015 PA 11. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4463, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 37 of chapter XVII (MCL 777.37), as amended by 2002 PA 137. 1250 JOURNAL OF THE SENATE [June 11, 2015] [No. 56 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, June 9, 2015, at 3:30 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda The Committee on Government Operations reported House Bill No. 4122, entitled A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 29h (MCL 125.2029h), as amended by 2014 PA 396. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Arlan B. Meekhof Chairperson To Report Out: Yeas: Senators Meekhof, Hansen and Kowall Nays: Senators Ananich and Hood The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Government Operations submitted the following: T Meeting held on Tuesday, June 9, 2015, at 4:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Meekhof (C), Hansen, Kowall, Ananich and Hood The Committee on Regulatory Reform reported Senate Bill No. 184, entitled A bill to amend 1990 PA 271, entitled “Limousine transportation act,” by amending the title and sections 3, 5, 7, 11, 13, 14, 15, 17, 19, 21, 23, 25, 27, 29, 31, and 37 (MCL 257.1903, 257.1905, 257.1907, 257.1911, 257.1913, 257.1914, 257.1915, 257.1917, 257.1919, 257.1921, 257.1923, 257.1925, 257.1927, 257.1929, 257.1931, and 257.1937), section 7 as amended by 2000 PA 487, and by adding section 8. With the recommendation that the substitute (S-5) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Hune, Warren, Hertel and Johnson Nays: Senator Kowall The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Regulatory Reform reported Senate Bill No. 188, entitled A bill to amend 1990 PA 271, entitled “Limousine transportation act,” by amending the title and sections 3, 5, 7, 9, 11, 13, 19, 21, 23, 25, 27, 29, 31, 33, 35, and 37 (MCL 257.1903, 257.1905, 257.1907, 257.1909, 257.1911, 257.1913, 257.1919, 257.1921, 257.1923, 257.1925, 257.1927, 257.1929, 257.1931, 257.1933, 257.1935, and 257.1937), section 7 as amended by 2000 PA 487, by designating sections 3 to 39 as article 1, and by adding article 2. No. 56] [June 11, 2015] JOURNAL OF THE SENATE 1251 ith the recommendation that the substitute (S-5) be adopted and that the bill then pass. W The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Hune, Warren, Hertel and Johnson Nays: Senator Kowall The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Regulatory Reform submitted the following: T Meeting held on Wednesday, June 10, 2015, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Rocca (C), Jones, Knollenberg, Kowall, Marleau, Hune, Warren, Hertel and Johnson The Committee on Appropriations reported Senate Bill No. 21, entitled A bill to amend 1986 PA 182, entitled “State police retirement act of 1986,” by amending section 40a (MCL 38.1640a), as amended by 1996 PA 201. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 22, entitled A bill to amend 1986 PA 182, entitled “State police retirement act of 1986,” (MCL 38.1601 to 38.1648) by adding section 40c. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 4101, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2015; and to provide for the expenditure of the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. 1252 JOURNAL OF THE SENATE [June 11, 2015] [No. 56 The Committee on Appropriations reported House Bill No. 4496, entitled A bill to amend 2005 PA 92, entitled “School bond qualification, approval, and loan act,” by amending section 3 (MCL 388.1923), as amended by 2012 PA 437. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 4497, entitled A bill to amend 2005 PA 92, entitled “School bond qualification, approval, and loan act,” by amending section 7 (MCL 388.1927), as amended by 2012 PA 437. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, June 10, 2015, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young The Committee on Michigan Competitiveness reported House Bill No. 4052, entitled A bill to limit the powers of local governmental bodies regarding the regulation of terms and conditions of employment within local government boundaries for employees of nonpublic employers. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Stamas, Robertson and Proos Nays: Senator Warren The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Michigan Competitiveness submitted the following: T Meeting held on Thursday, June 11, 2015, at 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Stamas, Robertson, Proos and Warren No. 56] [June 11, 2015] JOURNAL OF THE SENATE 1253 Scheduled Meetings Administrative Rules - Wednesday, June 17, 9:00 a.m., Room 426, Capitol Building (373-5773) Commerce - Wednesday, June 17, 8:00 a.m., Room 110, Farnum Building (373-5312) Education - Tuesday, June 16, 8:30 a.m. and Thursday, June 18, 12:00 noon, Room 110, Farnum Building (373-5314) Finance - Tuesdays, June 16 and June 23 (CANCELED), 8:30 a.m., Room 210, Farnum Building (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 1:37 p.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Tuesday, June 16, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1254 No. 57 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, June 16, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1256 JOURNAL OF THE SENATE [June 16, 2015] [No. 57 enator Goeffrey M. Hansen of the 34th District offered the following invocation: S Dear Heavenly Father, thank You for bringing us together this morning. As we take a moment to reflect on all that You have blessed us with, please hear our prayer. While we continue to discuss the issues that are impacting our state, we ask that You bless us with the courage and patience to be effective leaders. May we remember to always put the best interests of the state of Michigan and our con­ stituents before our own. Please guide us, Lord, as we move forward from here. Help us to debate with passion, knowledge, and respect for each other’s beliefs. Keep Your will in our hearts to show us what is best for this great state. In the name of the Father, and of the Son, and of the Holy Spirit, Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. The President pro tempore, Senator Schuitmaker, assumed the Chair. Motions and Communications The following communication was received and read: Office of the Auditor General nclosed is a copy of the following Preliminary Survey Summary: E ProjectWise System, Michigan Department of Transportation. June 10, 2015 Sincerely, Dong Ringler Auditor General he preliminary survey summary was referred to the Committee on Government Operations. T The following communication was received: Office of Senator Marty Knollenberg June 4, 2015 I respectfully request that my co‑sponsorship of Senate Bill 337 be removed. Thank you for your kind assistance. Sincerely, Marty Knollenberg State Senator 13th District The communication was referred to the Secretary for record. The Secretary announced that the following House bill was received in the Senate and filed on Thursday, June 11: House Bill No. 4495 The Secretary announced the enrollment printing and presentation to the Governor on Friday, June 12, for his approval the following bill: Enrolled Senate Bill No. 133 at 2:33 p.m. The Secretary announced that the following bills and joint resolution were printed and filed on Thursday, June 11, and are available at the Michigan Legislature website: Senate Bill No. 391 House Bill No. 4706 House Joint Resolution R The Secretary announced that the following bills and joint resolution were printed and filed on Friday, June 12, and are available at the Michigan Legislature website: Senate Bill Nos. 392 393 394 395 396 397 398 House Bill Nos. 4707 4708 4709 4710 4711 4712 4713 4714 4715 House Joint Resolution S enator Hood moved that Senators Bieda and Young be temporarily excused from today’s session. S The motion prevailed. No. 57] [June 16, 2015] JOURNAL OF THE SENATE 1257 Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator O’Brien admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:04 a.m. 10:12 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senator O’Brien introduced the Michigan Youth ChalleNGe Academy and Director Lieutenant Col­ onel Jefferey Connell and honored the cadets of the graduating class of 2015. During the recess, Senators Bieda and Young entered the Senate Chamber. Messages from the Governor The following messages from the Governor were received and read: June 5, 2015 I respectfully submit to the Senate the following appointment to office: Certificate of Need Commission Thomas Mittelbrun, III, of 2207 Breenen Lane, Lake Orion, Michigan 48362, county of Oakland, representing labor and Democrats, succeeding Charles Gayney, is appointed for a term expiring January 1, 2018. June 5, 2015 I respectfully submit to the Senate the following appointment to office: Director - Michigan Department of Corrections Heidi E. Washington of 843 Whitman Drive, East Lansing, Michigan 48823, county of Ingham, is appointed for a term commencing July 1, 2015, and expiring at the pleasure of the Governor. June 8, 2015 I respectfully submit to the Senate the following appointments to office: Human Trafficking Commission Deborah R. Monroe of 26354 Wolverine, Madison Heights, Michigan 48071, county of Oakland, representing survivors, is appointed for a term expiring March 1, 2017. Valerie K. Bass of 549 Pinewood Drive, Ypsilanti, Michigan 48198, county of Washtenaw, representing survivors, is appointed for a term expiring March 1, 2017. June 11, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Unarmed Combat Commission Josh Bocks of 58215 Sunflower Circle, S., New Hudson, Michigan 48165, county of Oakland, representing individuals with experience, knowledge, or background in mixed martial arts, succeeding James Weber, is appointed for a term expiring June 5, 2016. Bruce T. Hundley of 3056 E. Coon Lake Road, Howell, Michigan 48843, county of Livingston, representing the general public, succeeding Michael Martin, is appointed for a term expiring June 5, 2019. 1258 JOURNAL OF THE SENATE [June 16, 2015] [No. 57 June 12, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Beef Industry Commission Dale R. Oeschger of 2129 S. Bay Port Road, Bay Port, Michigan 48720, county of Huron, representing cattle feeders, succeeding himself, is reappointed for a term expiring May 31, 2018. Jon Haindl of 147 N. Poupour Road, Cooks, Michigan 49817, county of Schoolcraft, representing cattle growers, succeeding Timothy Andrews, is appointed for a term expiring May 31, 2018. Leonard Brown of 2951 West Cooper Road, Sandusky, Michigan 48471, county of Sanilac, representing dairy farmers, succeeding Daniel Javor, is appointed for a term expiring May 31, 2018. June 12, 2015 I respectfully submit to the Senate the following appointment to office: Manufactured Housing Commission Bryan W. Davis of 16239 Lexington Drive, Redford, Michigan 48240, county of Wayne, representing organized labor, succeeding Thomas Lutz, is appointed for a term expiring May 9, 2018. June 12, 2015 I respectfully submit to the Senate the following appointments to office: Chair - Middle-Eastern American Affairs Commission Manal B. Saab of 14025 Swanee Beach Drive, Fenton, Michigan 48430, county of Genesee, is appointed for a term expiring at the pleasure of the Governor. iddle-Eastern American Affairs Commission M Helen Habib of 30159 Mullane Drive, Farmington Hills, Michigan 48334, county of Oakland, is appointed for a term expiring April 19, 2017. Susan Dabaja of 21 Turnberry Lane, Dearborn, Michigan 48120, county of Wayne, is appointed for a term expiring April 19, 2017. Paul Sophiea of 610 S. Lafayette Street, Dearborn, Michigan 48124, county of Wayne, is appointed for a term expiring April 19, 2017. Sharif Hussein of 7490 Lonsdale Circle, Grand Ledge, Michigan 48837, county of Eaton, is appointed for a term expiring April 19, 2017. Wassim F. Abdallah of 1 Carbri Lane, Dearborn Heights, Michigan 48127, county of Wayne, is appointed for a term expiring April 19, 2017. Manal B. Saab of 14025 Swanee Beach Drive, Fenton, Michigan 48430, county of Genesee, is appointed for a term expiring April 19, 2018. Michael J. Romaya of 6953 Merrick Court, West Bloomfield, Michigan 48322, county of Oakland, is appointed for a term expiring April 19, 2018. Mariam S. Bazzi of 950 Claremont Drive, Dearborn, Michigan 48124, county of Wayne, is appointed for a term expir­ing April 19, 2018. Suzanne K. Sukkar of 5544 Amber Way, Ypsilanti, Michigan 48197, county of Washtenaw, is appointed for a term expiring April 19, 2018. Wendy R. Acho of 7328 Silver Leaf Lane, West Bloomfield, Michigan 48322, county of Oakland, is appointed for a term expiring April 19, 2018. Fey Beydoun of 7849 Hartwell Drive, Dearborn, Michigan 48126, county of Wayne, is appointed for a term expiring April 19, 2019. Lina Harajli of 5 Parkside Court, Dearborn, Michigan 48124, county of Wayne, is appointed for a term expiring April 19, 2019. Abe A. Munfakh of 9335 Saddlebrook Court, Plymouth, Michigan 48170, county of Wayne, is appointed for a term expiring April 19, 2019. Haifi Fakhouri of 2794 Timverwyck Trail Drive, Troy, Michigan 48098, county of Oakland, is appointed for a term expiring April 19, 2019. Bishr Al-Ujayli of 1627 Red Bud Lane, Troy, Michigan 48098, county of Oakland, is appointed for a term expiring April 19, 2019. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. No. 57] [June 16, 2015] JOURNAL OF THE SENATE 1259 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Zorn as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4331, entitled A bill to amend 1980 PA 243, entitled “Emergency municipal loan act,” by amending sections 2, 3, 4, 6, and 7 (MCL 141.932, 141.933, 141.934, 141.936, and 141.937), as amended by 2012 PA 284. House Bill No. 4332, entitled A bill to amend 1855 PA 105, entitled “An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies,” by amending section 1 (MCL 21.141), as amended by 2012 PA 287. Senate Bill No. 21, entitled A bill to amend 1986 PA 182, entitled “State police retirement act of 1986,” by amending section 40a (MCL 38.1640a), as amended by 1996 PA 201. House Bill No. 4496, entitled A bill to amend 2005 PA 92, entitled “School bond qualification, approval, and loan act,” by amending section 3 (MCL 388.1923), as amended by 2012 PA 437. House Bill No. 4497, entitled A bill to amend 2005 PA 92, entitled “School bond qualification, approval, and loan act,” by amending section 7 (MCL 388.1927), as amended by 2012 PA 437. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 343, entitled A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 41 and 41a (MCL 38.1341 and 38.1341a), as amended by 2012 PA 300. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 22, entitled A bill to amend 1986 PA 182, entitled “State police retirement act of 1986,” (MCL 38.1601 to 38.1648) by adding section 40c. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 217, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 7dd and 7jj (MCL 211.7dd and 211.7jj[1]), section 7dd as amended by 2013 PA 44 and section 7jj as amended by 2013 PA 42. 1260 JOURNAL OF THE SENATE [June 16, 2015] [No. 57 (This bill was returned from the House with a substitute on June 11, rules suspended and consideration postponed. See Senate Journal No. 56, p. 1246.) The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 294 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Third Reading of Bills Senator Kowall moved that the following bill be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 358 The motion prevailed. The following bill was read a third time: Senate Bill No. 358, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1531 (MCL 380.1531), as amended by 2007 PA 32. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 295 Ananich Bieda Yeas—34 Hildenbrand Hood MacGregor Schmidt Marleau Schuitmaker No. 57] [June 16, 2015] JOURNAL OF THE SENATE 1261 Booher Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Proos Warren Gregory Knezek Robertson Young Hansen Knollenberg Rocca Zorn Hertel Kowall Nays—4 Brandenburg Colbeck Hune Pavlov Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following concurrent resolution be postponed for today: S House Concurrent Resolution No. 3 The motion prevailed. Senators O’Brien, Knezek, Hertel, Casperson, Hansen, Gregory, Jones, Emmons, Knollenberg, Booher, Marleau, MacGregor, Warren, Schuitmaker and Bieda offered the following resolution: Senate Resolution No. 72. A resolution designating June 27, 2015, as Post-Traumatic Stress Injury Awareness Day. Whereas, The brave men and women of the United States Armed Forces who proudly serve risk their lives to protect the freedoms of the United States and deserve the investment of every possible resource to ensure their lasting physical, mental, and emotional well-being; and Whereas, More than 2 million United States service members have deployed as part of overseas contingency operations since the events of September 11, 2001; and Whereas, The military has sustained an operational tempo for a period of time unprecedented in the history of the United States, with many service members deploying multiple times to combat zones, placing them at high risk of posttraumatic stress injury (PTSI); and Whereas, It is expected that 10,000 veterans will return to the state of Michigan every year for the next three to five years after spending a significant amount of time in combat environments, exposing thousands of soldiers to traumatic life-threatening events; and Whereas, The United States Department of Veterans Affairs reports that in fiscal year 2012, more than 500,000 veterans from all wars sought care at a Department of Veterans Affairs medical center and received treatment for PTSI; and Whereas, PTSI significantly increases the risk of depression, suicide, drug- and alcohol-related disorders, and death; and Whereas, The Department of Defense and the Department of Veterans Affairs have made significant advances in the prevention, diagnosis, and treatment of PTSI, including the symptoms of PTSI, and many challenges remain; and Whereas, The establishment of a Michigan Post-Traumatic Stress Injury Awareness Day will raise public awareness about issues related to PTSI; now, therefore, be it Resolved by the Senate, That the members of this legislative body designate June 27, 2015, as Post-Traumatic Stress Injury Awareness Day in the state of Michigan; and be it further 1262 JOURNAL OF THE SENATE [June 16, 2015] [No. 57 Resolved, That we urge the Michigan Veterans Affairs Agency and the Adjutant General to continue working to educate service members, veterans, the families of service members and veterans, and the public about the causes, symptoms, and treatment of post-traumatic stress injury; and be it further Resolved, That a copy of this resolution be transmitted to the Governor of the state of Michigan, the Michigan Veterans Affairs Agency, and the Adjutant General. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Veterans, Military Affairs and Homeland Security. The motion prevailed. Senators Brandenburg and Zorn were named co‑sponsors of the resolution. enate Concurrent Resolution No. 15. S A concurrent resolution to waive the legislative notice requirement for increases in rates of compensation for certain employees in the state classified service. (For text of resolution, see Senate Journal No. 50, p. 788.) The House of Representatives has adopted the concurrent resolution. The concurrent resolution was referred to the Secretary for record. Introduction and Referral of Bills Senators Schmidt, Zorn and Horn introduced Senate Bill No. 399, entitled A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 19b of chapter IV (MCL 224.19b), as added by 1980 PA 212. The bill was read a first and second time by title and referred to the Committee on Local Government. Senator Schmidt introduced Senate Bill No. 400, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending the heading of part 121 and sections 12101, 12102, 12102a, 12103, 12105, 12107, 12109, 12111, 12112, 12113, 12114, 12115, 12116, and 12117 (MCL 324.12101, 324.12102, 324.12102a, 324.12103, 324.12105, 324.12107, 324.12109, 324.12111, 324.12112, 324.12113, 324.12114, 324.12115, 324.12116, and 324.12117), sections 12101, 12102, 12105, 12107, 12111, and 12113 as amended by 2008 PA 8, section 12102a as amended by 2008 PA 153, sections 12103, 12109, and 12112 as amended by 2014 PA 286, sections 12114 and 12116 as amended by 1998 PA 140, and section 12115 as amended by 2004 PA 587. The bill was read a first and second time by title and referred to the Committee on Natural Resources. Senator Stamas introduced Senate Bill No. 401, entitled A bill to amend 1998 PA 138, entitled “Hazardous materials transportation act,” by amending sections 2 and 3 (MCL 29.472 and 29.473), section 2 as amended by 2013 PA 74. The bill was read a first and second time by title and referred to the Committee on Natural Resources. Senator Schuitmaker introduced Senate Bill No. 402, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13c of chapter XVII (MCL 777.13c), as amended by 2006 PA 59. The bill was read a first and second time by title and referred to the Committee on Natural Resources. No. 57] [June 16, 2015] JOURNAL OF THE SENATE 1263 Senators Knollenberg, Jones, Horn, Schuitmaker, Proos, Hertel and Marleau introduced Senate Bill No. 403, entitled A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” (MCL 287.331 to 287.340) by adding section 8b. The bill was read a first and second time by title and referred to the Committee on Agriculture. Senators Hune, Schmidt and Kowall introduced Senate Bill No. 404, entitled A bill to provide protection from civil liability for the owners of property used for motorcycle safety training. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 4495, entitled A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending section 701 (MCL 141.2701), as amended by 2002 PA 500. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. Statements Pursuant to rule 3.506, Senators Zorn and O’Brien submitted their reasons in writing for voting “no” on the passage of House Bill No. 4052 on June 11. Senator Zorn’s statement is as follows: Although I support HB 4052 in its desire to prohibit local governments from adopting private business ordinances that would provide for local minimum wages and benefits, I voted no because it would also prohibit local governments from using prevailing wage rates on their own projects, if they choose to do so. This action will further erode local government control. enator O’Brien’s statement is as follows: S I rose today in opposition of House Bill 4052. It had been my hope that I could support efforts to provide certainty and standardization to our private sector employers. But, in my opinion, this bill goes too far. Recently, I voted to repeal Michigan’s prevailing wage policy. It is proper for the state to set its own contractual standards. But, in House Bill 4052, the state is trying to dictate local government contractual standards. This goes too far. As a Michigan Senator, I consider many factors when voting. In this case, I deliberated over a few key issues: whose role is it to determine minimum wage and various benefits for all people; whose role is it to determine local government’s contractual guidelines; and who is best suited to determine local priorities. These are the conclusions I have reached: 1. It is proper for the State of Michigan to enact and regulate minimum wage standards and employee benefits that impact the entire state. It is in Michigan’s best interests to ensure one statewide system and not have a patchwork of various local requirements. This part of House Bill 4052 I support. 2. Local govern­ ment is best suited to determine contractual standards for their own projects that are paid for with local taxpayer dollars. Local government should not be allowed to set policies upon business transactions that are not a part of a specific local government funded project nor projects that they are not a party to. Thus, the state should not be interfering in contracts of local governmental units except as provided by normal statewide employee laws. 3. Constant review should be made about who is best positioned to determine policies that impact our citizens. Certain issues will be best governed at the local level while other issues should be governed by the state. A continuous review will ensure that citizens are best served. In conclusion, I cannot support this bill because it will repeal local government’s ability to determine their own contractual standards. If this bill solely addressed minimum wage, sick time and any other benefits, I would support it. Thus, it is with mixed feelings that I must vote no. Senators Knollenberg and Casperson asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Knollenberg’s statement is as follows: I would like to speak about the effects of the national movement to increase the minimum wage and recent legislation that would increase wages for tipped employees. Let me begin with a quote from former U.S. Congressman and Michigan 1264 JOURNAL OF THE SENATE [June 16, 2015] [No. 57 gubernatorial candidate David Bonior. He said this after the opening of his new restaurant in Washington, D.C., and I think you all remember him: “Small business people work hard. If you’re a small business guy, you’re out there and not protected as a government employee. They struggle every day. On a snow day, a government worker is off. A restaurant owner takes a financial hit from that snow day. It took us a ridiculous amount of time to get our permits. I understand regu­ lations and the necessity for it, but we lost six months of business because of that.” This was from the Washington Post on April 26, 2014. While I do respect people’s opinions on minimum wage and tipped wage, let’s talk about reality. Until you’ve been a business owner yourself; until you’ve determined a product or service to sell; until you’ve hired a C.P.A. and attorneys; until you’ve had to buy or lease property, then build your location; until you’ve paid for insurance; until you’ve met a payroll; until you’ve paid unemployment comp and workers’ comp; until you’ve granted paid vacation time off; until you’ve had to deal with the ups and downs of the economy; until you’ve risked everything to invest in your own American Dream, and the list goes on and on and on. If after all of that, you feel the need to increase the minimum wage or the tipped wage, only then will you know what it really takes to do it. Even then, you can still increase the wage without the government telling you to do it. By the way, when you increase these wages, you also increase the wage on everybody who is paid higher than these minimums. The ripple effect is huge. Small business people do work hard, and it’s easy for politicians to act like Santa Claus and promote crippling wages when it’s not their money, and they have no responsibility beyond putting out sound bites. But in the real world, Santa Claus isn’t real and nothing is free. I say, Madam President, let’s free the wage. I say a minimum wage has its place, but the market knows best, and any attempt to change what is currently in place is simply bad policy. enator Casperson’s statement is as follows: S I have a quote from Lewis Cass, the first Governor of Michigan: “The fate of republican government is inseparably bound up with the fate of the Christian religion, and a people who reject its holy faith will find themselves the slaves of their own evil passions and of arbitrary power.” Committee Reports The Committee on Transportation reported Senate Bill No. 105, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 10 (MCL 247.660), as amended by 2014 PA 473, and by adding section 11g. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. Thomas A. Casperson Chairperson No. 57] [June 16, 2015] JOURNAL OF THE SENATE 1265 To Report Out: Yeas: Senators Casperson, Horn, Pavlov and Marleau Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, June 11, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood The Committee on Families, Seniors and Human Services reported House Bill No. 4203, entitled A bill to amend 1931 PA 327, entitled “An act to provide for the organization, regulation and classification of corporations; to provide their rights, powers and immunities; to prescribe the conditions on which corporations may exercise their powers; to provide for the inclusion of certain existing corporations within the provisions of this act; to prescribe the terms and conditions upon which foreign corporations may be admitted to do business within this state; to require certain annual reports to be filed by corporations; to prescribe penalties for the violations of the provisions of this act; and to repeal certain acts and parts of acts relating to corporations,” by amending section 157 (MCL 450.157). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones and Casperson Nays: None The bill was referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported House Bill No. 4204, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 55 (MCL 400.55), as amended by 1998 PA 516. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones and Casperson Nays: None The bill was referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported House Bill No. 4205, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending the heading of part 58 and sections 5801, 5805, 5815, 5817, 5821, 5823, 5825, 5828, 5831, 5835, 5841, 5843, 5847, 5863, 5871, 5874, and 5879 (MCL 333.5801, 333.5805, 333.5815, 333.5817, 333.5821, 333.5823, 333.5825, 333.5828, 333.5831, 333.5835, 333.5841, 333.5843, 333.5847, 333.5863, 333.5871, 333.5874, and 333.5879), section 5805 as amended by 1988 PA 236 and section 5817 as amended by 1998 PA 88; and to repeal acts and parts of acts. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. 1266 JOURNAL OF THE SENATE [June 16, 2015] [No. 57 The Committee on Families, Seniors and Human Services reported House Bill No. 4457, entitled A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending section 8 (MCL 722.958), as amended by 2002 PA 646. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Families, Seniors and Human Services submitted the following: T Meeting held on Wednesday, June 10, 2015, at 3:15 p.m., Room 210, Farnum Building Present: Senators Emmons (C), Pavlov, Jones, Casperson and Johnson The Committee on Veterans, Military Affairs and Homeland Security reported Senate Bill No. 298, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 50a and 502c (MCL 750.50a and 750.502c), section 50a as added by 1994 PA 42 and section 502c as amended by 1998 PA 38. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Veterans, Military Affairs and Homeland Security reported Senate Bill No. 299, entitled A bill to amend 1970 PA 207, entitled “An act to exempt certain dogs from license fees,” by amending the title and section 1 (MCL 287.291), the title as amended by 1981 PA 74 and section 1 as amended by 2000 PA 4. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Veterans, Military Affairs and Homeland Security submitted the following: T Joint meeting held on Thursday, June 11, 2015, at 8:00 a.m., Room 519, South Tower, House Office Building Present: Senators O’Brien (C), Emmons, Zorn, Colbeck and Knezek The Committee on Economic Development and International Investment reported House Bill No. 4226, entitled A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending section 12b (MCL 125.2162b), as added by 2008 PA 104. No. 57] [June 16, 2015] JOURNAL OF THE SENATE 1267 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Ken Horn Chairperson To Report Out: Yeas: Senators Horn, Schmidt, Brandenburg, Stamas, Emmons, Warren and Bieda Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Economic Development and International Investment submitted the following: T Meeting held on Thursday, June 11, 2015, at 1:30 p.m., Room 210, Farnum Building Present: Senators Horn (C), Schmidt, Brandenburg, Stamas, Emmons, Warren and Bieda COMMITTEE ATTENDANCE REPORT he Senate Fiscal Agency Board of Governors submitted the following: T Meeting held on Thursday, June 11, 2015, at 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Meekhof (C), Hildenbrand, MacGregor, Ananich and Gregory Scheduled Meetings Administrative Rules - Wednesday, June 17, 9:00 a.m., Room 426, Capitol Building (373-5773) (CANCELED) Appropriations - Wednesday, June 17, 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-1801) Commerce - Wednesday, June 17, 8:00 a.m., Room 110, Farnum Building (373-5312) Criminal Justice Policy Commission - Wednesday, July 1, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Build­ ing (373-0212) Economic Development and International Investment - Thursday, June 18, 1:30 p.m., Room 210, Farnum Building (373-5312) Elections and Government Reform - Tuesday, June 30, 9:00 a.m., Room 110, Farnum Building (373-1721) Finance - Tuesday, June 23, 8:30 a.m., Room 210, Farnum Building (373-5312) (CANCELED) Insurance - Wednesday, June 17, 2:00 p.m., Room 100, Farnum Building (373-5312) Transportation - Thursday, June 18, 8:30 a.m., Room 210, Farnum Building (373-5323) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:35 a.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Wednesday, June 17, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1268 No. 58 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, June 17, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1270 JOURNAL OF THE SENATE [June 17, 2015] [No. 58 enator John M. Proos of the 21st District offered the following invocation: S Lord Jesus, today we gather as men and women of faith, giving thanks for the many blessings that You have bestowed on each of us, our families, the communities that we represent, and the great state that we call home. Father, because we are aware of Your abundant blessings, we are reminded that we must be a light to others. In Your holy Gospel of Luke 8:16, You state: “No one who lights a lamp conceals it with a vessel or sets it under a bed; rather, he places it on a lampstand so that those who enter may see the light.” Lord, let us be the light to others today and throughout our days as we seek to grow Your kingdom through our service to those in need. Please watch over the men and women who are in our armed forces and in harm’s way, as we live in the freedoms that they and so many others have provided to us in our great state and in our great nation. In the blessed name of Jesus, we pray. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Green and Johnson entered the Senate Chamber. enator Kowall moved that Senators Booher, Casperson and Robertson be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:05 a.m. 10:45 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senators Booher, Casperson, Robertson and Young entered the Senate Chamber. The following communication was received and read: Office of the Senate Majority Leader June 16, 2015 I would like Senate Bill 392 re-referred to the Senate Committee on Regulatory Reform. If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communication was referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, June 16: House Bill Nos. 4521 4527 4594 No. 58] [June 17, 2015] JOURNAL OF THE SENATE 1271 Messages from the Governor The following messages from the Governor were received: Date: June 16, 2015 Time: 10:10 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 304 (Public Act No. 80), being An act to amend 2008 PA 429, entitled “An act to regulate the purchase and sale of scrap metal and other items that contain ferrous or nonferrous metal to scrap metal dealers; to require sellers to provide and scrap metal dealers to obtain certain information at the time of a purchase transaction; to require that scrap metal dealers implement and maintain records of their purchase transactions and to make those records available for law enforcement purposes; to provide for the powers and duties of certain state and local governmental officers and entities; and to provide for penalties and remedies,” by amending section 6 (MCL 445.426), as added by 2014 PA 99. (Filed with the Secretary of State on June 16, 2015, at 2:19 p.m.) Date: June 16, 2015 Time: 10:12 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 100 (Public Act No. 79), being An act to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 22 (MCL 205.22), as amended by 2007 PA 194. (Filed with the Secretary of State on June 16, 2015, at 2:17 p.m.) Respectfully, Rick Snyder Governor Messages from the House Senate Bill No. 108, entitled A bill to amend 1989 PA 24, entitled “The district library establishment act,” by amending section 2 (MCL 397.172), as amended by 2005 PA 60. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 112, entitled A bill to amend 1957 PA 29, entitled “An act to provide for the disposition of certain files and records in the probate courts of this state,” by amending section 1 (MCL 720.551). 1272 JOURNAL OF THE SENATE [June 17, 2015] [No. 58 he House of Representatives has passed the bill and ordered that the bill be given immediate effect. T The question being on concurring in the committee recommendation to give the bill immediate effect, Senator Kowall moved that further consideration of the bill be postponed for today. The motion prevailed. Senate Bill No. 113, entitled A bill to amend 1921 PA 137, entitled “An act authorizing counties of this state to contract with agencies, institutions, and hospitals licensed by the department of consumer and industry services for the aid, care, support, maintenance, treatment, cure, or relief of children,” by amending section 1 (MCL 722.501), as amended by 1996 PA 411. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect. Pursuant to rule 3.202, the bill was laid over one day. Senate Bill No. 114, entitled A bill to amend 1921 PA 137, entitled “An act authorizing counties of this state to contract with agencies, institutions, and hospitals licensed by the department of consumer and industry services for the aid, care, support, maintenance, treatment, cure, or relief of children,” by amending section 3 (MCL 722.503), as amended by 1996 PA 411. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect. Pursuant to rule 3.202, the bill was laid over one day. House Bill No. 4052, entitled A bill to limit the powers of local governmental bodies regarding the regulation of terms and conditions of employment within local government boundaries for employees of nonpublic employers. The House of Representatives has substituted (H-7) the Senate substitute (S-1). The House of Representatives has concurred in the Senate substitute (S-1) as substituted (H-7). Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the House substitute made to the Senate substitute, Senator Ananich offered the following substitute to the House substitute: Substitute (S-2). The substitute to the substitute was not adopted. The question being on concurring in the House substitute made to the Senate substitute, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 296 Booher Brandenburg Casperson Colbeck Emmons Green Yeas—23 Hansen Kowall Robertson Hildenbrand MacGregor Schmidt Horn Marleau Schuitmaker Hune Meekhof Shirkey Jones Pavlov Stamas Knollenberg Proos Nays—15 Ananich Bieda Gregory Hertel Hood Nofs Warren Hopgood O’Brien Young Johnson Rocca Zorn Knezek Smith Excused—0 No. 58] [June 17, 2015] JOURNAL OF THE SENATE 1273 Not Voting—0 In The Chair: President By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Hopgood as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4271, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 570a (MCL 168.570a). House Bill No. 4272, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 642 (MCL 168.642), as amended by 2013 PA 51. House Bill No. 4273, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 641 (MCL 168.641), as amended by 2015 PA 2. House Bill No. 4274, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 970e (MCL 168.970e), as added by 2012 PA 417. House Bill No. 4276, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 963 (MCL 168.963), as amended by 2012 PA 417. House Bill No. 4385, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 322 (MCL 168.322), as amended by 2012 PA 276. House Bill No. 4203, entitled A bill to amend 1931 PA 327, entitled “An act to provide for the organization, regulation and classification of corporations; to provide their rights, powers and immunities; to prescribe the conditions on which corporations may exercise their powers; to provide for the inclusion of certain existing corporations within the provisions of this act; to prescribe the terms and conditions upon which foreign corporations may be admitted to do business within this state; to require certain annual reports to be filed by corporations; to prescribe penalties for the violations of the provisions of this act; and to repeal certain acts and parts of acts relating to corporations,” by amending section 157 (MCL 450.157). House Bill No. 4204, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 55 (MCL 400.55), as amended by 1998 PA 516. House Bill No. 4457, entitled A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending section 8 (MCL 722.958), as amended by 2002 PA 646. 1274 JOURNAL OF THE SENATE [June 17, 2015] [No. 58 House Bill No. 4226, entitled A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending section 12b (MCL 125.2162b), as added by 2008 PA 104. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4122, entitled A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 29h (MCL 125.2029h), as amended by 2014 PA 396. Substitute (S-4). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4205, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending the heading of part 58 and sections 5801, 5805, 5815, 5817, 5821, 5823, 5825, 5828, 5831, 5835, 5841, 5843, 5847, 5863, 5871, 5874, and 5879 (MCL 333.5801, 333.5805, 333.5815, 333.5817, 333.5821, 333.5823, 333.5825, 333.5828, 333.5831, 333.5835, 333.5841, 333.5843, 333.5847, 333.5863, 333.5871, 333.5874, and 333.5879), section 5805 as amended by 1988 PA 236 and section 5817 as amended by 1998 PA 88; and to repeal acts and parts of acts. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 298, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 50a and 502c (MCL 750.50a and 750.502c), section 50a as added by 1994 PA 42 and section 502c as amended by 1998 PA 38. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 299, entitled A bill to amend 1970 PA 207, entitled “An act to exempt certain dogs from license fees,” by amending the title and section 1 (MCL 287.291), the title as amended by 1981 PA 74 and section 1 as amended by 2000 PA 4. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Messages from the House Senator Kowall moved to reconsider the vote by which the House substitute to the Senate substitute to the following bill was concurred in: House Bill No. 4052, entitled A bill to limit the powers of local governmental bodies regarding the regulation of terms and conditions of employment within local government boundaries for employees of nonpublic employers. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the House substitute made to the Senate substitute, The substitute was concurred in, a majority of the members serving voting therefor, as follows: No. 58] Roll Call No. 297 [June 17, 2015] JOURNAL OF THE SENATE 1275 Yeas—22 Booher Hildenbrand MacGregor Robertson Brandenburg Horn Marleau Schmidt Colbeck Hune Meekhof Schuitmaker Emmons Jones Pavlov Shirkey Green Knollenberg Proos Stamas Hansen Kowall Nays—16 Ananich Bieda Casperson Gregory Hertel Hood Hopgood Johnson Knezek Smith Nofs Warren O’Brien Young Rocca Zorn Excused—0 Not Voting—0 In The Chair: President Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 21 Senate Bill No. 22 House Bill No. 4496 House Bill No. 4497 The motion prevailed. The following bill was read a third time: Senate Bill No. 21, entitled A bill to amend 1986 PA 182, entitled “State police retirement act of 1986,” by amending section 40a (MCL 38.1640a), as amended by 1996 PA 201. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 298 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg 1276 JOURNAL OF THE SENATE [June 17, 2015] [No. 58 Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 22, entitled A bill to amend 1986 PA 182, entitled “State police retirement act of 1986,” (MCL 38.1601 to 38.1648) by amending the title and by adding section 40c. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 299 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4496, entitled A bill to amend 2005 PA 92, entitled “School bond qualification, approval, and loan act,” by amending section 3 (MCL 388.1923), as amended by 2012 PA 437. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 58] Roll Call No. 300 [June 17, 2015] JOURNAL OF THE SENATE 1277 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to prescribe the procedures, terms, and conditions for the qualification or approval of school bonds and other bonds; to authorize this state to make loans to certain school districts for the payment of certain bonds and to authorize schools to borrow from this state for that purpose; to prescribe the terms and conditions of certain loans to school districts; to prescribe the powers and duties of certain state agencies and certain state and local officials; to provide for certain fees; to prescribe certain penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4497, entitled A bill to amend 2005 PA 92, entitled “School bond qualification, approval, and loan act,” by amending section 7 (MCL 388.1927), as amended by 2012 PA 437. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 301 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg 1278 JOURNAL OF THE SENATE [June 17, 2015] [No. 58 Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to prescribe the procedures, terms, and conditions for the qualification or approval of school bonds and other bonds; to authorize this state to make loans to certain school districts for the payment of certain bonds and to authorize schools to borrow from this state for that purpose; to prescribe the terms and conditions of certain loans to school districts; to prescribe the powers and duties of certain state agencies and certain state and local officials; to provide for certain fees; to prescribe certain penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills House Bill No. 4521, entitled A bill to provide for the voluntary issuance of identification, tags, and vests for service animals; and to provide for certain powers and duties of the department of civil rights. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Home­ land Security. House Bill No. 4527, entitled A bill to amend 1981 PA 82, entitled “An act to prohibit the use of certain collars or harnesses and leashes on dogs in public places, except by deaf, audibly impaired, or otherwise physically limited persons; and to prescribe penalties,” by amending the title and sections 1, 2, and 3 (MCL 752.61, 752.62, and 752.63), the title and sections 1 and 2 as amended by 1984 PA 111, and by adding section 4. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Home­ land Security. House Bill No. 4594, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 166b (MCL 388.1766b), as amended by 2012 PA 130. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Education. Statements Senator Ananich asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Ananich’s statement is as follows: I rise today with mixed emotions. Many of you know Alex Rossman our deputy communications director. He is a tremen­ dous person and an amazing writer. I say mixed emotions because it will be a huge loss to the Michigan Senate’s Democratic Caucus as well as the whole institution. I am very happy and excited for Alex and his new opportunity. He will be at the Michigan League for Public Policy to be their communications director. No. 58] [June 17, 2015] JOURNAL OF THE SENATE 1279 Not that this will be a big surprise, but I am not the most eloquent person normally. When I am standing here, I am usually reading something written by Alex, so, obviously, he couldn’t write his own farewell speech, and I apologize that I am speaking from the heart. I think I can speak for all the Democratic Caucus members and many folks on the Republican side in saying that Alex is a tremendous person, amazing writer, and a person who puts his heart and soul into everything that he does. He has done amazing work for everyone on our side, quite often with very short notice. We wish him well and know that he will go on to do great work in his new position. I want to make sure that we all recognize him, as he has been with the Senate almost a decade. The Senate Democratic Caucus’ loss is definitely a gain for the League for Public Policy. Please help me give him a fitting send-off. Committee Reports The Committee on Education reported Senate Bill No. 279, entitled A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 71 (MCL 38.1371), as amended by 1996 PA 268. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher and Colbeck Nays: Senator Knezek The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Education reported Senate Bill No. 280, entitled A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending section 10 (MCL 423.210), as amended by 2014 PA 414. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher and Colbeck Nays: Senator Knezek The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, June 16, 2015, at 8:30 a.m., Room 110, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek The Committee on Local Government reported House Bill No. 4070, entitled A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2014 PA 190. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson 1280 JOURNAL OF THE SENATE [June 17, 2015] [No. 58 To Report Out: Yeas: Senators Zorn, Proos, Brandenburg, Rocca and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Local Government reported House Bill No. 4166, entitled A bill to amend 1913 PA 88, entitled “An act empowering the board of supervisors of any of the several counties of the state of Michigan to levy a special tax, or by appropriating from the general fund for the purpose of advertising the agricultural advantages of the state or for displaying the products and industries of any county in the state at domestic or foreign expositions, for the purpose of encouraging immigration and increasing trade in the products of the state, and advertising the state and any portion thereof for tourists and resorters, and to permit the boards of supervisors out of any sum so raised, or out of the general fund, to contribute all or any portion of the same to any development board or bureau to be by said board or bureau expended for the purposes herein named,” by amending the title and section 1 (MCL 46.161). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Proos, Brandenburg, Rocca and Young Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, June 16, 2015, at 10:30 a.m., Room 100, Farnum Building Present: Senators Zorn (C), Proos, Brandenburg, Rocca and Young The Committee on Finance reported Senate Bill No. 349, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 78b and 78c (MCL 211.78b and 211.78c), as amended by 2003 PA 263. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 4173, entitled A bill to amend 1993 PA 330, entitled “State real estate transfer tax act,” by amending sections 3 and 6 (MCL 207.523 and 207.526), as amended by 2008 PA 473. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. No. 58] [June 17, 2015] JOURNAL OF THE SENATE 1281 The Committee on Finance reported House Bill No. 4553, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 9f, 9m, and 9n (MCL 211.9f, 211.9m, and 211.9n), sections 9f and 9m as amended by 2014 PA 87 and section 9n as amended by 2013 PA 154. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 4554, entitled A bill to amend 2014 PA 92, entitled “State essential services assessment act,” by amending sections 3, 5, and 7 (MCL 211.1053, 211.1055, and 211.1057). With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 4555, entitled A bill to amend 2014 PA 93, entitled “Alternative state essential services assessment act,” by amending sections 3, 5, and 7 (MCL 211.1073, 211.1075, and 211.1077). With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 4556, entitled A bill to amend 2014 PA 86, entitled “Local community stabilization authority act,” by amending sections 5, 13, 14, 17, 19, and 20 (MCL 123.1345, 123.1353, 123.1354, 123.1357, 123.1359, and 123.1360). With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 4557, entitled A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative 1282 JOURNAL OF THE SENATE [June 17, 2015] [No. 58 fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 11a (MCL 207.561a), as added by 2012 PA 397. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 4558, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 3 (MCL 205.93), as amended by 2014 PA 80. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Finance submitted the following: T Meeting held on Tuesday, June 16, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Brandenburg (C), Robertson, Casperson, Proos, Bieda and Warren Excused: Senator Knollenberg Scheduled Meetings Criminal Justice Policy Commission - Wednesday, July 1, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Build­ ing (373-0212) Economic Development and International Investment - Thursday, June 18, 1:30 p.m., Room 210, Farnum Building (373-5312) Education - Thursday, June 18, 8:15 a.m., Room 110, Farnum Building (373-5314) Elections and Government Reform - Tuesday, June 30, 9:00 a.m., Room 110, Farnum Building (373-1721) Finance - Tuesday, June 23, 8:30 a.m., Room 210, Farnum Building (373-5312) (CANCELED) Transportation - Thursday, June 18, 8:30 a.m., Room 210, Farnum Building (373-5323) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:30 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, June 18, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 59 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, June 18, 2015. 10:00 a.m. The Senate was called to order by the Assistant President pro tempore, Senator Margaret E. O’Brien. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—excused Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1284 JOURNAL OF THE SENATE [June 18, 2015] [No. 59 Reverend Pamelajune Anderson of Space for Grace Fellowship Center of Lansing offered the following invocation: Eternal God and faithful friend, on the beginning of this Juneteenth day of celebration, incline Your ear to the Michigan Legislature, and make Your presence known in such a way that each one will recognize You in their individual lives and in the life of the Senate. You have called these noble women and men to the awesome task of discovering, deliberating, and deciding on the best practices to ensure inclusive justice, economic growth, and constitutional quests for equality, life, liberty, and the pursuit of happiness for all the citizens of the state of Michigan. Bless those who have in their hearts a passion for social justice; those who cannot be content as long as some have too little to meet their basic needs, and some have too much and continue to hoard; those who work industriously on behalf of Michiganders to generate jobs for the unemployed and shelter for the homeless, especially our homeless veterans; those training to break the generational curse of the impoverished; and the best education for those in search of knowledge, wisdom, and understanding. Dear God, You have called these women and men to a powerful place in political history. Surely, You call upon their lives as daunting and divine, disappointing and doubtless, thankless and rewarding, meaningless and worthwhile. For the opportunity You present to all of us in this spoken prayer and for all of the unspoken burdens and blessings in Creation, we thank You for hearing and responding. In the name of the Divine One, called by many names, Amen. The Assistant President pro tempore, Senator O’Brien, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Hopgood entered the Senate Chamber. enator Kowall moved that Senator Schuitmaker be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Ananich be excused from today’s session. S The motion prevailed. enator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Jones admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Senators Schuitmaker and Young entered the Senate Chamber. The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, June 17: House Bill Nos. 4039 4185 4314 4459 4460 4637 4638 4639 4640 4641 The Secretary announced that the following bills were printed and filed on Wednesday, June 17, and are available at the Michigan Legislature website: Senate Bill Nos. 399 400 401 402 403 404 House Bill Nos. 4716 4717 4718 4719 4720 4721 4722 4723 4724 4725 4726 By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following concurrent resolution be postponed for today: S House Concurrent Resolution No. 3 The motion prevailed. enators Meekhof and Hertel offered the following resolution: S Senate Resolution No. 73. A resolution to commemorate July 5-11, 2015, as Arteriovenous Malformation (AVM) Awareness Week. No. 59] [June 18, 2015] JOURNAL OF THE SENATE 1285 Whereas, Arteriovenous malformation (AVM) is defined as an abnormal connection between arteries and veins which bypass the capillary system. AVM is a rare condition that affects approximately 300,000 American citizens. Although many AVMs are asymptomatic, they can cause intense pain or bleeding in addition to other serious medical problems; and Whereas, This vascular anomaly is widely known because of its occurrence in the central nervous system, but it can appear in any location. It may also cause abnormal sensations such as numbness, tingling, or spontaneous pain; difficulties with movement or coordination, including muscle weakness and even paralysis; vertigo, difficulties of speech, communication, and challenges with everyday activities; and Whereas, A team of researchers has initiated research on AVM, with the goal of identifying a drug therapy to cure the disease. The objectives of this research include determining the mechanism of progression of AVM in humans; developing tools for testing potential pharmacotherapy; and developing drug treatment for humans with AVM; and Whereas, The efforts of Kelleigh’s Cause, a not-for-profit organization founded by Kelleigh Gustafson, a 16-year-old girl originally from Haslett, Michigan, in conjunction with the Sparrow Hospital Foundation, have been instrumental in raising attention and funds to support the research and treatment of AVM in the state of Michigan; and Whereas, There exists a great need for public awareness surrounding this rare condition and increased attention to efforts to support opportunities for advancement in AVM research and treatment; now, therefore, be it Resolved by the Senate, That we hereby commemorate July 5-11, 2015, as Arteriovenous Malformation (AVM) Aware­ ness Week in the state of Michigan; and be it further Resolved, That copies of this resolution be transmitted to the Sparrow Hospital Foundation, Kelleigh Gustafson, and Kelleigh’s Cause as a token of our appreciation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Gregory, Hansen, Kowall, Marleau, Nofs, Proos, Schmidt, Warren and Zorn were named co‑sponsors of the resolution. Senator Meekhof asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Meekhof’s statement is as follows: With me are Senator Hertel and Danny Gustafson from Senate General Services, whose family has been impacted by this serious disease. This is a resolution for Arteriovenous Malformation Awareness Week: “Whereas, Arteriovenous malformation (AVM) is defined as an abnormal connection between arteries and veins which bypass the capillary system. AVM is a rare condition that affects approximately 300,000 American citizens. Although many AVMs are asymptomatic, they can cause intense pain or bleeding in addition to other serious medical problems; and Whereas, This vascular anomaly is widely known because of its occurrence in the central nervous system, but it can appear in any location. It may also cause abnormal sensations such as numbness, tingling, or spontaneous pain; difficulties with movement or coordination, including muscle weakness and even paralysis; vertigo, difficulties of speech, communication, and challenges with everyday activities; and Whereas, A team of researchers has initiated research on AVM, with the goal of identifying a drug therapy to cure the disease. The objectives of this research include determining the mechanism of progression of AVM in humans; developing tools for testing potential pharmacotherapy; and developing drug treatment for humans with AVM; and Whereas, The efforts of Kelleigh’s Cause, a not-for-profit organization founded by Kelleigh Gustafson, a 16-year-old girl originally from Haslett, Michigan, in conjunction with the Sparrow Hospital Foundation, have been instrumental in raising attention and funds to support the research and treatment of AVM in the state of Michigan; and Whereas, There exists a great need for public awareness surrounding this rare condition and increased attention to efforts to support opportunities for advancement in AVM research and treatment; now, therefore, be it Resolved by the Senate, That we hereby commemorate July 5-11, 2015, as Arteriovenous Malformation (AVM) Aware­ ness Week in the state of Michigan; and be it further Resolved, That copies of this resolution be transmitted to the Sparrow Hospital Foundation, Kelleigh Gustafson, and Kelleigh’s Cause as a token of our appreciation.” enators Zorn, Horn, Marleau, Colbeck, Rocca, Hansen, Proos and Bieda offered the following resolution: S Senate Resolution No. 74. A resolution commemorating June 28 - July 4, 2015, as Aquatic Invasive Species Awareness Week. Whereas, Michigan and its economy are defined by the Great Lakes and depend on its great abundance of fresh water for manufacturing, tourism, fishing, public water supplies, agriculture, and numerous other uses; and 1286 JOURNAL OF THE SENATE [June 18, 2015] [No. 59 Whereas, Preventing the introduction of aquatic invasive species ultimately benefits Michigan. Stopping the introduction of these species would eliminate the need of the state, business, industry, and citizens from employing costly methods to control and manage them; and Whereas, Michigan has taken the lead in protecting the Great Lakes from aquatic invasive species from a number of pathways, including ballast water, canals and waterways, organisms in trade, and recreational activities; and Whereas, Over 180 nonindigenous aquatic species are established in the Great Lakes Basin, many of which are displacing native species, disrupting habitats, and degrading natural, managed, and agricultural landscapes, resulting in millions of dollars for control efforts each year; and Whereas, Michigan has over 900,000 registered boaters and many other recreational, commercial, and industrial users of over 11,000 inland lakes and over 36,000 miles of rivers and streams, many of which are impacted by aquatic invasive species; and Whereas, Aquatic invasive species awareness is an important first step toward behavior change which prevents the introduction and spread of aquatic invasive species; and Whereas, Spring marks the beginning of water-related recreational activities in Michigan; and Whereas, Aquatic Invasive Species Awareness Week is an opportunity for government to join forces with business, industry, environmental groups, community organizations, and citizens to take action against the introduction and spread of aquatic invasive species; now, therefore, be it Resolved by the Senate, That we hereby commemorate June 28 - July 4, 2015, as Aquatic Invasive Species Awareness Week in the state of Michigan; and be it further Resolved, That all citizens are encouraged to increase their understanding and awareness of aquatic invasive species and their environmental and economic impacts, and take preventative measures to stop the introduction and spread of aquatic invasive species; and be it further Resolved, That copies of this resolution be transmitted to the Michigan Department of Environmental Quality, Michigan Department of Agriculture and Rural Development, Michigan Department of Natural Resources, Michigan Department of Transportation, Great Lakes Fishery Commission, Council of Great Lakes Governors, Michigan congressional delegation, and Great Lakes Commission. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Booher, Brandenburg, Hertel, Nofs, Robertson, Schmidt, Warren and Kowall were named co‑sponsors of the resolution. ouse Concurrent Resolution No. 13. H A concurrent resolution prescribing the legislative schedule. Resolved by the House of Representatives, (the Senate concurring), That when the House adjourns on Thursday June 18, 2015, it stands adjourned until Tuesday, July 14, 2015, at 10:00 a.m.; when it adjourns on Tuesday, July 21, 2015, it stands adjourned until Tuesday, August 18, 2015, at 10:00 a.m.; and when it adjourns on Thursday, August 20, 2015, it stands adjourned until Wednesday, September 9, 2015, at 1:30 p.m.; and be it further Resolved, That when the Senate adjourns on Thursday, July 23, 2015, it stands adjourned until Tuesday, August 11, 2015, at 10:00 a.m. The House of Representatives has adopted the concurrent resolution. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The concurrent resolution was adopted. Senators Booher, Brandenburg, Hansen, Kowall, Marleau, Nofs and Proos were named co‑sponsors of the concurrent resolution. By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that rule 3.311 be suspended to permit reconsideration and that the following bill, now on the order of Third Reading of Bills, be referred to the Committee of the Whole and placed on the General Orders calendar for consideration today: House Bill No. 4391 The motion prevailed, a majority of the members serving voting therefor. No. 59] [June 18, 2015] JOURNAL OF THE SENATE 1287 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Hertel as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4463, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 37 of chapter XVII (MCL 777.37), as amended by 2002 PA 137. House Bill No. 4558, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 3 (MCL 205.93), as amended by 2014 PA 80. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4553, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 9f, 9m, and 9n (MCL 211.9f, 211.9m, and 211.9n), sections 9f and 9m as amended by 2014 PA 87 and section 9n as amended by 2013 PA 154. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4554, entitled A bill to amend 2014 PA 92, entitled “State essential services assessment act,” by amending sections 3, 5, and 7 (MCL 211.1053, 211.1055, and 211.1057). Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4555, entitled A bill to amend 2014 PA 93, entitled “Alternative state essential services assessment act,” by amending sections 3, 5, and 7 (MCL 211.1073, 211.1075, and 211.1077). Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4556, entitled A bill to amend 2014 PA 86, entitled “Local community stabilization authority act,” by amending sections 5, 13, 14, 17, 19, and 20 (MCL 123.1345, 123.1353, 123.1354, 123.1357, 123.1359, and 123.1360). Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4557, entitled A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and 1288 JOURNAL OF THE SENATE [June 18, 2015] [No. 59 collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 11a (MCL 207.561a), as added by 2012 PA 397. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:34 a.m. 10:47 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. Senator Gregory asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Gregory’s statement is as follows: I solemnly rise to request a moment of silence for our colleague in the South Carolina State Senate, Reverend Clementa Pinckney, pastor of Emanuel African Methodist Episcopal Church, who was tragically shot to death, along with eight other churchgoers last evening while attending a prayer service at the church. We ask for prayers for the victims, and send our condolences to their families and loved ones. A moment of silence was observed in memory of South Carolina State Senator and Reverend Clementa Pinckney. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 112, entitled A bill to amend 1957 PA 29, entitled “An act to provide for the disposition of certain files and records in the probate courts of this state,” by amending section 1 (MCL 720.551). (This bill was returned from the House without amendment on June 17 and the recommendation for immediate effect postponed. See Senate Journal No. 58, p. 1271.) The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 113, entitled A bill to amend 1921 PA 137, entitled “An act authorizing counties of this state to contract with agencies, institutions, and hospitals licensed by the department of consumer and industry services for the aid, care, support, maintenance, treatment, cure, or relief of children,” by amending section 1 (MCL 722.501), as amended by 1996 PA 411. Substitute (H-1). The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 302 Bieda Booher Yeas—37 Hildenbrand Kowall Rocca Hood MacGregor Schmidt No. 59] [June 18, 2015] JOURNAL OF THE SENATE 1289 Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Ananich Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 114, entitled A bill to amend 1921 PA 137, entitled “An act authorizing counties of this state to contract with agencies, institutions, and hospitals licensed by the department of consumer and industry services for the aid, care, support, maintenance, treatment, cure, or relief of children,” by amending section 3 (MCL 722.503), as amended by 1996 PA 411. Substitute (H-1). The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 303 Yeas—37 Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Ananich 1290 JOURNAL OF THE SENATE [June 18, 2015] [No. 59 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage: House Bill No. 4553 House Bill No. 4554 House Bill No. 4555 House Bill No. 4556 House Bill No. 4557 House Bill No. 4558 The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 4271 House Bill No. 4272 House Bill No. 4273 House Bill No. 4274 House Bill No. 4276 House Bill No. 4385 House Bill No. 4122 House Bill No. 4203 House Bill No. 4204 House Bill No. 4205 House Bill No. 4457 Senate Bill No. 298 Senate Bill No. 299 House Bill No. 4226 House Bill No. 4553 House Bill No. 4554 House Bill No. 4555 House Bill No. 4556 House Bill No. 4557 House Bill No. 4558 The motion prevailed. The following bill was read a third time: House Bill No. 4271, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 570a (MCL 168.570a). The question being on the passage of the bill, Senator Kowall moved that further consideration of the bill be postponed temporarily. The motion prevailed. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:57 a.m. No. 59] [June 18, 2015] JOURNAL OF THE SENATE 1291 11:02 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. By unanimous consent the Senate proceeded to consideration of the following bill: House Bill No. 4122, entitled A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 29h (MCL 125.2029h), as amended by 2014 PA 396. The above bill was read a third time. The question being on the passage of the bill, Senator Meekhof offered the following amendment: 1. Amend page 1, line 8, after “UNDER” by striking out “ANY” and inserting “A NEW”. The amendment was adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 304 Yeas—24 Booher Hildenbrand MacGregor Robertson Casperson Horn Marleau Schmidt Colbeck Hune Meekhof Schuitmaker Emmons Jones Nofs Shirkey Green Knollenberg O’Brien Stamas Hansen Kowall Proos Zorn Nays—13 Bieda Hood Knezek Smith Brandenburg Hopgood Pavlov Warren Gregory Johnson Rocca Young Hertel Excused—1 Ananich Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act relating to the economic development of this state; to create the Michigan strategic fund and to prescribe its powers and duties; to transfer and provide for the acquisition and succession to the rights, properties, obligations, and duties of the job development authority and the Michigan economic development authority to the Michigan strategic fund; to provide for the expenditure of proceeds in certain funds to which the Michigan strategic fund succeeds in ownership; to provide for the issuance of, and terms and conditions for, certain notes and bonds of the Michigan strategic fund; to create certain boards and funds; to create certain permanent funds; to exempt the property, income, and operation of the 1292 JOURNAL OF THE SENATE [June 18, 2015] [No. 59 fund and its bonds and notes, and the interest thereon, from certain taxes; to provide for the creation of certain centers within and for the purposes of the Michigan strategic fund; to provide for the creation and funding of certain accounts for certain purposes; to impose certain powers and duties upon certain officials, departments, and authorities of this state; to make certain loans, grants, and investments; to provide penalties; to make an appropriation; and to repeal acts and parts of acts,”. The Senate agreed to the full title. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Schuitmaker admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: House Bill No. 4203, entitled A bill to amend 1931 PA 327, entitled “An act to provide for the organization, regulation and classification of corporations; to provide their rights, powers and immunities; to prescribe the conditions on which corporations may exercise their powers; to provide for the inclusion of certain existing corporations within the provisions of this act; to prescribe the terms and conditions upon which foreign corporations may be admitted to do business within this state; to require certain annual reports to be filed by corporations; to prescribe penalties for the violations of the provisions of this act; and to repeal certain acts and parts of acts relating to corporations,” by amending section 157 (MCL 450.157). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 305 Yeas—37 Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Ananich Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. No. 59] [June 18, 2015] JOURNAL OF THE SENATE 1293 The following bill was read a third time: House Bill No. 4204, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 55 (MCL 400.55), as amended by 1998 PA 516. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 306 Yeas—37 Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Ananich Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4205, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending the heading of part 58 and sections 5801, 5805, 5815, 5817, 5821, 5823, 5825, 5828, 5831, 5835, 5841, 5843, 5847, 5863, 5871, 5874, 5879, and 17711 (MCL 1294 JOURNAL OF THE SENATE [June 18, 2015] [No. 59 333.5801, 333.5805, 333.5815, 333.5817, 333.5821, 333.5823, 333.5825, 333.5828, 333.5831, 333.5835, 333.5841, 333.5843, 333.5847, 333.5863, 333.5871, 333.5874, 333.5879, and 333.17711), section 5805 as amended by 1988 PA 236, section 5817 as amended by 1998 PA 88, and section 17711 as amended by 2014 PA 413; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 307 Yeas—37 Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Ananich Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. No. 59] [June 18, 2015] JOURNAL OF THE SENATE 1295 The following bill was read a third time: House Bill No. 4457, entitled A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending section 8 (MCL 722.958), as amended by 2002 PA 646. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 308 Yeas—37 Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Ananich Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to establish certain standards for foster care and adoption services for children and their families; and to prescribe powers and duties of certain state agencies and departments and adoption facilitators,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 298, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 50a and 502c (MCL 750.50a and 750.502c), section 50a as added by 1994 PA 42 and section 502c as amended by 1998 PA 38. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 309 Bieda Booher Yeas—37 Hildenbrand Kowall Rocca Hood MacGregor Schmidt 1296 JOURNAL OF THE SENATE [June 18, 2015] [No. 59 Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Ananich Not Voting—0 In The Chair: President he Senate agreed to the title of the bill. T Senators Casperson, Colbeck, Green, Hansen, Hune, Johnson, Kowall, MacGregor, Meekhof, Pavlov, Shirkey, Smith and Stamas were named co‑sponsors of the bill. Senators Knezek and O’Brien asked and were granted unanimous consent to make statements and moved that the state­ ments be printed in the Journal. The motion prevailed. Senator Knezek’s statement, which Senator Young concurred, is as follows: Senate Bill No. 298 is part of a four-bill package developed with myself, Senator O’Brien, Representative Rutledge, and Representative Barrett. I wanted to briefly rise to just say thank you to some individuals who have played a huge role in the development of this legislation over the past two years: first and foremost, the members I have just mentioned, the business community that has been so instrumental in helping get this where it is today, Mr. Dave Meador of DTE Energy, and to you, Mr. President, and your staff. Thank you all for your help. When we are talking with members across the chamber about this bill and what it does, it is pretty easy to look at it and, in some cases, get a good chuckle out of it. It really speaks to a larger issue that I think we need to have a greater conversation about in the state of Michigan, which is the issue of veterans mental health. When I was thinking about what I would say today to try and get additional buy-in from members in the hope that it could be the first of many moving forward, I thought about what that reintegration process looks like for veterans as they are coming home and why we are having the problems we are having here today. The fact is so many of our veterans are coming home with what we call the invisible wounds sustained on the battlefield—post-traumatic stress disorder and traumatic brain injury. Where we spend six to eight months doing a workup getting ready to go, you come back home and spend six to eight days going through the reintegration process, and then are dumped back out into society. To give you a better picture of this process and why it is so flawed—right, wrong, or indifferent—I want to tell you specifically what that experience looks like. Before you go overseas, you complete what is called a PDHA—pre-deployment health assessment. Individuals want to get a baseline for where you are mentally, physically, and the whole nine yards. You go overseas and are in a combat zone exposed to the rigors and trials of war. You come back home and are given a PDHRA—post-deployment health reassessment. Have you seen any dead bodies? Did you shoot anyone; get shot? Inhale any gases? Did the vehicle you were in at any time get blown up by a 155-round on the side of the road? Do you know that by virtue of what we refer to as the Lance Corporal Underground, if you answer “yes” to any of those questions, you will be put on a medical hold? Seeing your parents, boyfriends, girlfriends, and family is the only thing you want to do, but anything that comes in between that opportunity, the veterans will try to push aside. Everyone, myself included, looks at that PDHRA, goes down the list and says, “No, no, no.” No. 59] [June 18, 2015] JOURNAL OF THE SENATE 1297 Another problem as it relates to the veterans community is you have to remember where we are coming from. The military is an organization that preaches if you ask for help, that is a sign of weakness. Again—right, wrong, or indifferent— that is the mentality that we have to include before the members who are going overseas. So for a number of our veterans who need help, they don’t have the capacity or courage to reach out and ask for it. For those veterans who do have the ability to finally gain the courage to reach out for help and assistance and someone pulls out their PDHRA and says they were told they didn’t need help, they say have a nice day. This is why I make no bones when I commend this Governor when he talks about “no wrong door policy” and that veterans are not turned away from services that they have earned. When the veterans are turned away from gaining access to health care that they need, this is when we have instances of self-medication, alcoholism, depression, and the like. When veterans decide that life here in the United States is something they can no longer tolerate, they take their own lives. I speak very openly with anyone interested about my experiences and those of my friends. During each and every deploy­ ment we went on, we made the commitment that we would all come home. Each and every one came home. It wasn’t until we arrived home that I started to lose the people I deployed with. I had gained a family when I went overseas, but when I got home, I started losing them. When we talk about service dogs, it seems innocuous and incredibly small, but please understand how much this all means to the veterans community in their ability to make a seamless transition home. When we come home, we aren’t asking for special treatment; the free fishing licenses, etc., that doesn’t do anything to make a difference. But to be able to come back and go about daily lives and feel comfortable is huge. I really hope this is the beginning of conversations about veterans mental health and suicide. Twenty-two veterans a day commit suicide in the United States. When you break those numbers down even further, you will see that female statistics are twice that of their male counterparts. enator O’Brien’s statement is as follows: S This is a package of bills that really is a testament to leadership and bipartisanship. I would like to thank Senator Knezek for allowing us to participate in this package of bills. He started a few years ago and brought in colleagues from both chambers and both sides of the aisle. In a world where partisanship and politics rule, you see good public policy being put before politics. I really appreciate all who came and shared in front of the Veterans, Military Affairs and Homeland Security Committee. Many veterans shared their personal stories and how difficult it can be not just to wake up, but to actually go to sleep; also how a service animal can change your life so drastically from one with no future to one where you can have success in your family and see a bright future. I thank the committee for doing such great work. They were very instrumental in moving this forward. Again, thank you, Senator Knezek, for your leadership. Without him, we wouldn’t have landed here so quickly to help our veterans. The following bill was read a third time: Senate Bill No. 299, entitled A bill to amend 1970 PA 207, entitled “An act to exempt certain dogs from license fees,” by amending the title and section 1 (MCL 287.291), the title as amended by 1981 PA 74 and section 1 as amended by 2000 PA 4. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 310 Yeas—37 Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 1298 JOURNAL OF THE SENATE [June 18, 2015] [No. 59 Excused—1 Ananich Not Voting—0 In The Chair: President he Senate agreed to the title of the bill. T Senators Casperson, Colbeck, Green, Hansen, Hune, Johnson, Kowall, MacGregor, Meekhof, Pavlov, Smith and Stamas were named co‑sponsors of the bill. The following bill was read a third time: House Bill No. 4226, entitled A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending section 12b (MCL 125.2162b), as added by 2008 PA 104. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 311 Yeas—33 Bieda Hood MacGregor Rocca Booher Hopgood Marleau Schmidt Casperson Horn Meekhof Schuitmaker Emmons Johnson Nofs Smith Green Jones O’Brien Stamas Gregory Knezek Pavlov Warren Hansen Knollenberg Proos Young Hertel Kowall Robertson Zorn Hildenbrand Nays—4 Brandenburg Colbeck Hune Shirkey Excused—1 Ananich Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. No. 59] [June 18, 2015] JOURNAL OF THE SENATE 1299 ursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: P “An act to encourage local development to prevent conditions of unemployment and promote economic growth; to provide for the establishment of local development finance authorities and to prescribe their powers and duties; to provide for the creation of a board to govern an authority and to prescribe its powers and duties; to provide for the creation and implementation of development plans; to authorize the acquisition and disposal of interests in real and personal property; to permit the issuance of bonds and other evidences of indebtedness by an authority; to prescribe powers and duties of certain public entities and state officers and agencies; to reimburse authorities for certain losses of tax increment revenues; and to authorize and permit the use of tax increment financing,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4553, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 9f, 9m, and 9n (MCL 211.9f, 211.9m, and 211.9n), sections 9f and 9m as amended by 2014 PA 87 and section 9n as amended by 2013 PA 154. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 312 Yeas—37 Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Ananich Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe 1300 JOURNAL OF THE SENATE [June 18, 2015] [No. 59 certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4554, entitled A bill to amend 2014 PA 92, entitled “State essential services assessment act,” by amending sections 3, 5, and 7 (MCL 211.1053, 211.1055, and 211.1057). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 313 Yeas—37 Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Ananich Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to levy a specific tax on certain personal property; to provide for the administration, collection, and distribution of the specific tax; to provide for an exemption from that specific tax; to impose certain duties on persons and certain state departments; to impose penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4555, entitled A bill to amend 2014 PA 93, entitled “Alternative state essential services assessment act,” by amending sections 3, 5, and 7 (MCL 211.1073, 211.1075, and 211.1077). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 59] Roll Call No. 314 [June 18, 2015] JOURNAL OF THE SENATE 1301 Yeas—37 Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Ananich Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to levy a tax on certain personal property; to provide for the administration, collection, and distribution of the tax; to impose certain duties on persons and certain state departments; to impose penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4556, entitled A bill to amend 2014 PA 86, entitled “Local community stabilization authority act,” by amending sections 5, 13, 14, 17, 19, and 20 (MCL 123.1345, 123.1353, 123.1354, 123.1357, 123.1359, and 123.1360). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 315 Yeas—37 Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel 1302 JOURNAL OF THE SENATE [June 18, 2015] [No. 59 Nays—0 Excused—1 Ananich Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to create a metropolitan authority; to prescribe the powers, duties, and jurisdictions of the metropolitan authority; to prescribe the powers and duties of certain state officials; to levy, collect, and distribute a tax; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4557, entitled A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 11a (MCL 207.561a), as added by 2012 PA 397. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 316 Yeas—37 Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Ananich No. 59] [June 18, 2015] JOURNAL OF THE SENATE 1303 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4558, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 3 (MCL 205.93), as amended by 2014 PA 80. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 317 Yeas—37 Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Ananich Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,”. The Senate agreed to the full title. Recess enator Kowall moved that the Senate recess until 1:30 p.m. S The motion prevailed, the time being 11:52 a.m. 1304 JOURNAL OF THE SENATE [June 18, 2015] [No. 59 The Senate reconvened at the expiration of the recess and pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 1:31 p.m. 2:08 p.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. By unanimous consent the Senate returned to consideration of the following bill: House Bill No. 4271, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 570a (MCL 168.570a). (This bill was read a third time earlier today and consideration postponed. See p. 1290.) The question being on the passage of the bill, Senator Johnson offered the following amendment: 1. Amend page 2, following line 16, by inserting: “(f) Senate Bill No. 59.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 318 Bieda Colbeck Gregory Hansen Yeas—14 Hertel Knezek Smith Hood Knollenberg Warren Hopgood Rocca Young Johnson Nays—23 Booher Horn Meekhof Schmidt Brandenburg Hune Nofs Schuitmaker Casperson Jones O’Brien Shirkey Emmons Kowall Pavlov Stamas Green MacGregor Proos Zorn Hildenbrand Marleau Robertson Excused—1 Ananich In The Chair: O’Brien Not Voting—0 No. 59] [June 18, 2015] JOURNAL OF THE SENATE Senator Bieda offered the following amendment: 1. Amend page 2, following line 16, by inserting: “(f) Senate Bill No. 61.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 319 Yeas—10 Bieda Hood Knezek Warren Gregory Hopgood Smith Young Hertel Johnson Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Excused—1 Ananich Not Voting—0 In The Chair: O’Brien Senator Warren offered the following amendment: 1. Amend page 2, following line 16, by inserting: “(f) Senate Bill No. 89.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 320 Yeas—11 Bieda Hood Knezek Warren Gregory Hopgood Rocca Young Hertel Johnson Smith Nays—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt 1305 1306 JOURNAL OF THE SENATE [June 18, 2015] Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Excused—1 Ananich Not Voting—0 In The Chair: O’Brien Senator Hertel offered the following amendment: 1. Amend page 2, following line 16, by inserting: “(f) Senate Bill No. 58.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 321 Yeas—11 Bieda Hood Knezek Warren Gregory Hopgood Schuitmaker Young Hertel Johnson Smith Nays—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Rocca Casperson Hune Nofs Schmidt Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Excused—1 Ananich In The Chair: O’Brien Not Voting—0 [No. 59 No. 59] [June 18, 2015] JOURNAL OF THE SENATE Senator Hood offered the following amendment: 1. Amend page 2, following line 16, by inserting: “(f) Senate Bill No. 60.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 322 Yeas—11 Bieda Hood Knezek Warren Gregory Hopgood Rocca Young Hertel Johnson Smith Nays—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Excused—1 Ananich Not Voting—0 In The Chair: O’Brien he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 323 Yeas—30 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knezek Pavlov Smith Green Knollenberg Proos Stamas Gregory Kowall Robertson Zorn Hansen MacGregor Nays—7 Bieda Hertel Hood Johnson Young Hopgood Warren 1307 1308 JOURNAL OF THE SENATE [June 18, 2015] [No. 59 Excused—1 Ananich Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”. The Senate agreed to the full title. Senators Johnson, Bieda, Hertel and Hood asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Johnson’s statement is as follows: This amendment would tie-bar the bill before us to Senate Bill No. 59 to allow for no-reason absentee voting in Michigan. Supporters of the bills before us say that February elections have very low voter turnout, so we should simply eliminate them. My amendment would help increase voter turnout by allowing for voters to vote by absentee ballot for no reason. It’s a commonsense reform that is long overdue in our state. Just this week, Secretary of State Ruth Johnson testified before the House Elections Committee supporting no-reason absentee voting, stating that Michigan is ready to join 27 other states that already allow this practice. If the supporters of these bills are so concerned about voter turnout, I hope they will join me in supporting this amendment, and I urge my colleagues for their support. enator Bieda’s statement is as follows: S The supporters of the bills before us say they are concerned about low voter turnout at February elections. I have been concerned about low voter turnout for years, but we are not proposing doing away with elections. Instead, we have urged commonsense reforms to help increase access to voting. My amendment would allow for electronic submission of voter registration applications on the Secretary of State’s website. In the year 2015, this is something we should be able to do very easily. It’s a small, commonsense reform that will make a real difference increasing voter turnout. I ask my colleagues for their support. enator Hertel’s statement is as follows: S This amendment would tie-bar the bill before us to Senate Bill No. 58, which would allow for voter pre-registration starting at age 16. We know that often the initial registration process is one of the biggest hurdles we face in getting new voters to participate in elections. Allowing young people to pre-register to vote helps engage them in the process so they will be ready to cast a ballot when they reach voting age. If some of my colleagues in this chamber think we need to do away with February elections because of low voter turnout, this amendment is commonsense reform that will help us increase the number of voters at the polls. I ask my colleagues for their support. enator Hood’s statement is as follows: S I rise to express my support of my amendment and ask for the support of my colleagues. This amendment is simply because voter turnout is so low, and there is no reason to hold the election. If that is true, this chamber should have no trouble supporting a tie-bar to Senate Bill No. 60, which provides for an early voting period. This amendment would increase voter turnout by giving Michigan citizens more opportunities to vote. Once again, if we are attempting to remedy the problem of low voter turnout, I am certain that this body will have no problem supporting this amendment. No. 59] [June 18, 2015] JOURNAL OF THE SENATE 1309 The following bill was read a third time: House Bill No. 4272, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 642 (MCL 168.642), as amended by 2013 PA 51. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 324 Yeas—30 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knezek Pavlov Smith Green Knollenberg Proos Stamas Gregory Kowall Robertson Zorn Hansen MacGregor Nays—7 Bieda Hertel Hood Johnson Young Hopgood Warren Excused—1 Ananich Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4273, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 641 (MCL 168.641), as amended by 2015 PA 2. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1310 Roll Call No. 325 JOURNAL OF THE SENATE [June 18, 2015] [No. 59 Yeas—30 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knezek Pavlov Smith Green Knollenberg Proos Stamas Gregory Kowall Robertson Zorn Hansen MacGregor Nays—7 Bieda Hertel Hood Johnson Young Hopgood Warren Excused—1 Ananich Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4274, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 970e (MCL 168.970e), as added by 2012 PA 417. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 326 Yeas—30 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker No. 59] [June 18, 2015] JOURNAL OF THE SENATE Colbeck Emmons Green Gregory Hansen Jones O’Brien Shirkey Knezek Pavlov Smith Knollenberg Proos Stamas Kowall Robertson Zorn MacGregor 1311 Nays—7 Bieda Hertel Hood Johnson Young Hopgood Warren Excused—1 Ananich Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4276, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 963 (MCL 168.963), as amended by 2012 PA 417. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 327 Yeas—31 Booher Hertel MacGregor Rocca Brandenburg Hildenbrand Marleau Schmidt Casperson Horn Meekhof Schuitmaker Colbeck Hune Nofs Shirkey Emmons Jones O’Brien Smith Green Knezek Pavlov Stamas Gregory Knollenberg Proos Zorn Hansen Kowall Robertson 1312 JOURNAL OF THE SENATE [June 18, 2015] [No. 59 Nays—6 Bieda Hood Hopgood Warren Young Johnson Excused—1 Ananich Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4385, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 322 (MCL 168.322), as amended by 2012 PA 276. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 328 Yeas—30 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knezek Pavlov Smith Green Knollenberg Proos Stamas Gregory Kowall Robertson Zorn Hansen MacGregor Nays—7 Bieda Hood Johnson Young Hertel Hopgood Warren No. 59] [June 18, 2015] JOURNAL OF THE SENATE 1313 Excused—1 Ananich Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,”. The Senate agreed to the full title. Senator Kowall moved that the following bill be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 343 The motion prevailed. The following bill was read a third time: Senate Bill No. 343, entitled A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 41 and 41a (MCL 38.1341 and 38.1341a), as amended by 2012 PA 300. The question being on the passage of the bill, Senator Schuitmaker offered the following amendments: 1. Amend page 4, line 13, after “(E)” by striking out “BEGINNING” and inserting “EXCEPT AS OTHERWISE PROVIDED IN THIS SUBDIVISION, BEGINNING”. 2. Amend page 4, line 17, after “UNIT.” by inserting “THE CAP ON THE CONTRIBUTION RATE APPLIED TO THE COMBINED PAYROLL UNDER THIS SUBDIVISION DOES NOT APPLY TO A UNIVERSITY REPORTING UNIT THAT, AFTER JUNE 1, 2015, ADOPTS AND IMPLEMENTS AN INCREASE IN TUITION AND FEE RATES FOR RESIDENT UNDERGRADUATE STUDENTS THAT IS GREATER THAN THE PERCENTAGE PROVIDED IN SECTION 265 OF THE STATE SCHOOL AID ACT OF 1979, 1979 PA 94, MCL 388.1865.”. The amendments were adopted, a majority of the members serving voting therefor. Senator Kowall requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were adopted, a majority of the members serving voting therefor, as follows: Roll Call No. 329 Yeas—28 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Smith Green Kowall Proos Stamas Hansen MacGregor Robertson Zorn 1314 JOURNAL OF THE SENATE [June 18, 2015] Nays—9 Bieda Hood Johnson Warren Gregory Hopgood Knezek Young Hertel Excused—1 Ananich Not Voting—0 In The Chair: O’Brien he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 330 Yeas—32 Bieda Hertel MacGregor Rocca Booher Hildenbrand Marleau Schmidt Brandenburg Horn Meekhof Schuitmaker Casperson Hune Nofs Shirkey Emmons Jones O’Brien Smith Green Knezek Pavlov Stamas Gregory Knollenberg Proos Warren Hansen Kowall Robertson Zorn Nays—5 Colbeck Hopgood Johnson Young Hood Excused—1 Ananich Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. [No. 59 No. 59] [June 18, 2015] JOURNAL OF THE SENATE 1315 Senators Schuitmaker and Young asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Schuitmaker’s first statement is as follows: Seven of Michigan’s public universities currently participate in the MPSERS retirement system. Like K-12 schools, as retirement costs have increased, employer contributions to MPSERS have become increasingly burdensome to these univer­ sities’ budgets. In 2012, the Legislature capped employer contributions to MPSERS for K-12 schools. However, that change did not apply to the seven participating universities. I understand the costs to the universities and that the increasing MPSERS obligations have put them at a disadvantage, which is why I sponsored Senate Bill No. 343, which would cap employer contributions for them as well. We have already been doing this in practice, and this year, $5.2 million from the Higher Education budget will be going to cover those higher MPSERS costs. It is frustrating that, as the Legislature is on the cusp of providing this needed relief, at least one of these universities— with perhaps more in the next few weeks—has chosen to disregard the tuition restraint put in place by the Legislature and signed by the Governor just yesterday by substantially increasing the costs to their students. As you all know, I have been a tireless advocate for a public reinvestment in higher education here in Michigan. At the same time, I have insisted that along with this reinvestment, universities must keep their tuition costs down so that a quality higher education does not move even further out of reach for our students. The tuition restraint level set this year is 3.2 per­ cent, which is twice the rate of inflation. Along with that allowable tuition increase, universities received a 1.5 percent increase in their operations funding from the state. It is unsettling to me, and I know it’s unsettling to many of you as well, that, as we are taking steps to provide financial relief to them, they are increasing the financial burden on their students. My amendment states that in order for this cap on MPSERS employer contributions to apply to a university, they must comply with tuition restraint for the duration of the existence of the cap. Should a university choose to disregard the tuition restraint at any time, the MPSERS cap would no longer be applied to them going forward. My primary reason for supporting a public reinvestment in higher education is not just to give universities more money to spend; it is to make college more affordable for students. The reason for the tuition restraint is not just to squeeze universities; it is to make college more affordable for students. If a university is unable to partner with us in that mission of making college more affordable, then they should not be rewarded with even more state money. I would encourage my colleagues to support this amendment and to support Senate Bill No. 343. enator Schuitmaker’s second statement is as follows: S Through you to the Senator from the 23rd District, most of the universities in this state are making difficult decisions to trim expenses and find inefficiencies. What does it say to them if we reward universities who don’t? What does it say to our kids who are having to pay more and more when we reward their school for making school more expensive? Over the last five years, EMU has increased their tuition by 24 percent. What does that represent? Their appropriation from the state is $4,000. Wayne State University gets a whole $8,000 per student. EMU gets over $4,000 per student, and that makes it the sixth highest paid per student out of the other universities. To put that in context: Grand Valley State University, in the Senate Majority Leader’s backyard, gets $2,932 per student. EMU, who increased their tuition by over 7.8 percent, gets $4,000. They are getting over $1,300 more per student. We have to stand for the students and the parents whom we represent. enator Young’s statement is as follows: S I think this amendment is horrible. I cannot directly speak for EMU, but I know for Wayne State University, we’re a research university, and that’s why we receive more money. We are a university that actually deals with the sciences and cutting-edge technology every day. In order for us to solve the issue of funding for universities, we have to look at why we are cutting them and not investing in them. This is an issue of investment. Just because a university may or may not get more money, that is not enough of a reason to take money from them. There has to be a justification for what you are doing with that revenue and what you think you can do with that revenue better than another university. I haven’t heard that. All I have heard is one side gets this amount, and the other side gets this little amount, so that’s a justification to take money from them. No, it’s not, because that is making the assumption that money is being wasted and it’s not. Coming from a research university such as Wayne State University, that money is used every day for medical, bio­ logical, and technological advances. It has to be more than they are getting more money; there has to be a “why” there. I haven’t seen that. Again, we have to get rid of those garbage metrics we’re using and go to something more accurate. I don’t mean to say I told you so, but I did. By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today: House Bill No. 4325 House Bill No. 4326 1316 JOURNAL OF THE SENATE [June 18, 2015] [No. 59 House Bill No. 4327 House Bill No. 4328 House Bill No. 4329 House Bill No. 4330 The motion prevailed, a majority of the members serving voting therefor. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Hertel as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having assumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4391, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 8307a, 8308, 8310, 8310a, 8312, 8313, 8317, 8504, 8505, 8506, 8704, 8708, 8710, 8715, 8716, and 8807 (MCL 324.8307a, 324.8308, 324.8310, 324.8310a, 324.8312, 324.8313, 324.8317, 324.8504, 324.8505, 324.8506, 324.8704, 324.8708, 324.8710, 324.8715, 324.8716, and 324.8807), section 8307a as added and sections 8312 and 8313 as amended by 2002 PA 418, section 8310 as amended and section 8310a as added by 2008 PA 18, section 8317 as amended by 2012 PA 316, sections 8504 and 8505 as amended by 2014 PA 178, section 8506 as amended by 2006 PA 503, sections 8704, 8710, 8715, and 8716 as amended by 2011 PA 2, section 8708 as amended by 2013 PA 46, and section 8807 as amended by 2011 PA 1, and by adding section 8506a; and to repeal acts and parts of acts. Substitute (S-6). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4325, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1219. Substitute (S-5). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 9, line 21, after “TREASURER” by striking out “SHALL” and inserting “MAY”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4326, entitled A bill to amend 2012 PA 436, entitled “Local financial stability and choice act,” by amending sections 2 and 4 (MCL 141.1542 and 141.1544). Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4327, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1220. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4328, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 102 (MCL 388.1702), as amended by 2013 PA 60. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. No. 59] [June 18, 2015] JOURNAL OF THE SENATE 1317 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4329, entitled A bill to amend 2012 PA 436, entitled “Local financial stability and choice act,” (MCL 141.1541 to 141.1575) by adding section 7a. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4330, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 17a and 18 (MCL 388.1617a and 388.1618), section 17a as amended by 2014 PA 196 and section 18 as amended by 2015 PA 5. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: House Bill No. 4391 House Bill No. 4325 House Bill No. 4326 House Bill No. 4327 House Bill No. 4328 House Bill No. 4329 House Bill No. 4330 The motion prevailed, a majority of the members serving voting therefor. The Assistant President pro tempore, Senator O’Brien, resumed the Chair. The following bill was read a third time: House Bill No. 4391, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 8307a, 8308, 8310, 8310a, 8312, 8313, 8317, 8504, 8505, 8506, 8514, 8702, 8703, 8704, 8707, 8708, 8710, 8713a, 8715, 8716, and 8807 (MCL 324.8307a, 324.8308, 324.8310, 324.8310a, 324.8312, 324.8313, 324.8317, 324.8504, 324.8505, 324.8506, 324.8514, 324.8702, 324.8703, 324.8704, 324.8707, 324.8708, 324.8710, 324.8713a, 324.8715, 324.8716, and 324.8807), section 8307a as added and sections 8312 and 8313 as amended by 2002 PA 418, section 8310 as amended and section 8310a as added by 2008 PA 18, section 8317 as amended by 2012 PA 316, sections 8504 and 8505 as amended by 2014 PA 178, sections 8506 and 8514 as amended by 2006 PA 503, sections 8702, 8704, 8710, 8715, and 8716 as amended and section 8713a as added by 2011 PA 2, sections 8703, 8707, and 8708 as amended by 2013 PA 46, and section 8807 as amended by 2011 PA 1, and by adding sections 8506a and 8512h; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 331 Yeas—24 Booher Horn Marleau Schmidt Casperson Hune Meekhof Schuitmaker Emmons Jones Nofs Shirkey Green Knollenberg O’Brien Smith Hansen Kowall Proos Stamas Hildenbrand MacGregor Robertson Zorn 1318 JOURNAL OF THE SENATE [June 18, 2015] [No. 59 Nays—13 Bieda Hertel Johnson Rocca Brandenburg Hood Knezek Warren Colbeck Hopgood Pavlov Young Gregory Excused—1 Ananich Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4325, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1219. The question being on the passage of the bill, Senator Knezek offered the following amendment: 1. Amend page 17, following line 4, by striking out the balance of the enacting section. The amendment was not adopted, a majority of the members serving not voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 332 Yeas—25 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Knollenberg O’Brien Shirkey Emmons Kowall Pavlov Stamas Green MacGregor Proos Zorn Hansen Nays—12 Bieda Gregory Hertel Hood Hopgood Johnson Jones Smith Knezek Warren Rocca Young No. 59] [June 18, 2015] JOURNAL OF THE SENATE 1319 Excused—1 Ananich Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4326, entitled A bill to amend 2012 PA 436, entitled “Local financial stability and choice act,” by amending sections 2 and 4 (MCL 141.1542 and 141.1544). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 333 Yeas—25 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Knollenberg O’Brien Shirkey Emmons Kowall Pavlov Stamas Green MacGregor Proos Zorn Hansen Nays—12 Bieda Gregory Hertel Hood Hopgood Johnson Jones Smith Knezek Warren Rocca Young Excused—1 Ananich 1320 JOURNAL OF THE SENATE [June 18, 2015] [No. 59 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to safeguard and assure the financial accountability of local units of government and school districts; to preserve the capacity of local units of government and school districts to provide or cause to be provided necessary services essential to the public health, safety, and welfare; to provide for review, management, planning, and control of the financial operation of local units of government and school districts and the provision of services by local units of government and school districts; to provide criteria to be used in determining the financial condition of local units of government and school districts; to authorize a declaration of the existence of a financial emergency within a local unit of government or school district; to prescribe remedial measures to address a financial emergency within a local unit of government or school district; to provide for a review and appeal process; to provide for the appointment and to prescribe the powers and duties of an emergency manager for a local unit of government or school district; to provide for the modification or termination of contracts under certain circumstances; to provide for the termination of a financial emergency within a local unit of government or school district; to provide a process by which a local unit of government or school district may file for bankruptcy; to prescribe the powers and duties of certain state agencies and officials and officials within local units of government and school districts; to provide for appropriations; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4327, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1220. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 334 Yeas—25 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Knollenberg O’Brien Shirkey Emmons Kowall Pavlov Stamas Green MacGregor Proos Zorn Hansen Nays—12 Bieda Gregory Hertel Hood Hopgood Johnson Jones Smith Knezek Warren Rocca Young Excused—1 Ananich In The Chair: O’Brien Not Voting—0 No. 59] [June 18, 2015] JOURNAL OF THE SENATE 1321 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4328, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 102 (MCL 388.1702), as amended by 2013 PA 60. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 335 Yeas—25 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Knollenberg O’Brien Shirkey Emmons Kowall Pavlov Stamas Green MacGregor Proos Zorn Hansen Nays—12 Bieda Gregory Hertel Hood Hopgood Johnson Jones Smith Knezek Warren Rocca Young Excused—1 Ananich Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. 1322 JOURNAL OF THE SENATE [June 18, 2015] [No. 59 ursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: P “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4329, entitled A bill to amend 2012 PA 436, entitled “Local financial stability and choice act,” (MCL 141.1541 to 141.1575) by adding section 7a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 336 Yeas—25 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Knollenberg O’Brien Shirkey Emmons Kowall Pavlov Stamas Green MacGregor Proos Zorn Hansen Nays—12 Bieda Gregory Hertel Hood Hopgood Johnson Jones Smith Knezek Warren Rocca Young Excused—1 Ananich Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to safeguard and assure the financial accountability of local units of government and school districts; to preserve the capacity of local units of government and school districts to provide or cause to be provided necessary services essential to the public health, safety, and welfare; to provide for review, management, planning, and control of the financial operation of local units of government and school districts and the provision of services by local units of government and school districts; to provide criteria to be used in determining the financial condition of local units of government and school districts; to authorize a declaration of the existence of a financial emergency within a local unit No. 59] [June 18, 2015] JOURNAL OF THE SENATE 1323 of government or school district; to prescribe remedial measures to address a financial emergency within a local unit of government or school district; to provide for a review and appeal process; to provide for the appointment and to prescribe the powers and duties of an emergency manager for a local unit of government or school district; to provide for the modification or termination of contracts under certain circumstances; to provide for the termination of a financial emergency within a local unit of government or school district; to provide a process by which a local unit of government or school district may file for bankruptcy; to prescribe the powers and duties of certain state agencies and officials and officials within local units of government and school districts; to provide for appropriations; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4330, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 17a and 18 (MCL 388.1617a and 388.1618), section 17a as amended by 2014 PA 196 and section 18 as amended by 2015 PA 5. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 337 Yeas—25 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Knollenberg O’Brien Shirkey Emmons Kowall Pavlov Stamas Green MacGregor Proos Zorn Hansen Nays—12 Bieda Gregory Hertel Hood Hopgood Johnson Jones Smith Knezek Warren Rocca Young Excused—1 Ananich Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. 1324 JOURNAL OF THE SENATE [June 18, 2015] [No. 59 By unanimous consent the Senate returned to the order of Messages from the Governor The following message from the Governor was received and read: APPROPRIATIONS; OMNIBUS BUDGET APPROPRIATIONS BILL June 17, 2015 Today I have signed Enrolled Senate Bill 133, which makes appropriations for various departments and agencies, the judicial branch and the legislative branch for the fiscal year ending September 30, 2016. The appropriations in Enrolled Senate Bill 133 total $38.6 billion and provide funding for critical services throughout the state. I have, however, disapproved one item pursuant to Section 19 of Article V of the Michigan Constitution of 1963. The specific veto is detailed in the attached copy of the bill that has been filed with the Secretary of State. I have disapproved the attempted re-appropriation of lapsed funds in section 1010(1) of Article X because the legislature has already appropriated, and I have approved, funding for the Prepaid Inpatient Health Plans as necessary to comply with federal regulations and state law. I have considered the enforceability of boilerplate provisions as I provide direction to departments in implementing appro­ priations contained in Enrolled Senate Bill 133. Among the various provisions that are considered unenforceable, I note the following: section 453(2) (Article I); section 1069 (Article VIII); and section 382 (Article XVII). Enrolled Senate Bill 133 also contains numerous boilerplate sections that include statements of legislative intent. We will take these legislative preferences into consideration as departments and agencies implement the appropriations. However, these legislative intent statements do not impose conditions on appropriations and are non-binding upon departments and agencies implementing the appropriations. I commend the Legislature for completing its work on this omnibus appropriations bill. I look forward to reaching resolu­ tion on a road funding package with the same spirit of cooperation. A properly maintained transportation infrastructure is vital to Michigan’s economy and to the safety of residents and visitors of this great state. I am hopeful that, in partnership with the Legislature, a permanent plan is set in motion to make this critical investment. Respectfully, Rick Snyder Governor This bill was signed by the Governor on June 17, 2015, at 2:02 p.m. (Filed with the Secretary of State on June 17, 2015, at 4:03 p.m.) and assigned Public Act No. 84. The question being on the passage of the vetoed line item, the objections of the Governor to the contrary notwithstanding, Senator Kowall moved that the veto message be referred to the Committee on Appropriations. The motion prevailed. By unanimous consent the Senate proceeded to the order of Statements Senators Meekhof and Johnson asked and were granted unanimous consent to make statements and moved that the state­ ments be printed in the Journal. The motion prevailed. Senator Meekhof’s statement is as follows: I rise today to recognize one of my staffers, Emily LeBlanc. Over the course of the past two years, Emily has compiled an impressive résumé of experiences, beginning with her position on the communications staff at the Michigan Veterans Affairs Agency and with her most recent position as deputy press secretary in my office. Emily has demonstrated an everincreasing skill set to the benefit of each agency and employer. As a member of my team, Emily interacted with the media, drafted caucus communication documents, worked on social media, and focused on improved communication with the residents of my district. Emily has amassed an impressive résumé in a relatively short period of time. Her value is evident in her willingness to complete any task assigned. In short, Emily is someone you want on your team. Perhaps what is most special about Emily is her warm and pleasant demeanor, her easy-going attitude, and her eagerness to take on new challenges. I’m sorry to see her leave, but she has a good reason. She will soon be moving to New Hampshire to be with her fiancé and to start their lives as a married couple. I wish Emily and her fiancé Michael the very best, and I ask the Senate to join me in thanking Emily for her hard work and service to the citizens of Michigan. No. 59] [June 18, 2015] JOURNAL OF THE SENATE 1325 Senator Johnson’s statement is as follows: As we approach June 19, which every year across the United States of America is recognized as Juneteenth, I thought that I would rise today to read the contents of a resolution that we will see offered to the Judiciary Committee, and we’ll have a lot of conversation about it in the coming days. Before I do that, I would like to thank my colleagues from the 1st, 3rd, 4th, 5th, 6th, 8th, 9th, 10th, 11th, 15th, 18th, 21st, 22nd, 23rd, 29th, 33rd, 35th, and 27th Districts for signing onto a resolution that I think we will take testimony on in the Judiciary Committee on June 30: “A resolution recognizing June 19, 2015, as Juneteenth. Whereas, The transatlantic slave trade system established both Europe and North America as world powers by and through the commoditization of Africans. Millions of Africans suffered disease and death on the eight week voyages across the Middle Passage; and Whereas, From 1619 through 1865, millions of Africans and their descendants were enslaved in the United States, the thirteen American colonies, and eventually the United States of America; and Whereas, Maritime, agricultural, insurance, defense, tobacco, sugar, and cotton industries were established off profits from the atrocities of slavery; and Whereas, Slavery highlights the fundamental hypocrisy and moral contradiction of European whites in America who declared independent rights from Great Britain, while holding in bondage more than 100,000 Africans; and Whereas, Michigan served as the major hub of the Underground Railroad and home to several white abolitionists, including U.S. Representative and U.S. Senator Jacob Merritt Howard, Guy Beckley of Ann Arbor, Erastus Hussey of Battle Creek, and Seymour Finney of Detroit; and Whereas, Through the work of these great men of all colors, Second Baptist Church of Detroit, Friends of the Fugitives, Anti-Slavery Society, and other institutions, thousands of slaves were freed; and Whereas, On this day in 1865, Texas was the last state to recognize that enslaved persons were free, two and a half years after the Emancipation Proclamation was signed by President Lincoln. For this reason, it is celebrated as Juneteenth; and Whereas, Slavery was abolished through the passage of the 13th Amendment to the United States Constitution in 1865, after the end of the Civil War; and Whereas, After the emancipation from 246 years of slavery, Africans in American continue to experience the vestiges of slavery from challenges to voting rights, inadequate public education systems, lack of access to capital lending institu­ tions, and other social and economic injustices; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate June 19, 2015, as Juneteenth in the state of Michigan; and be it further Resolved, That we recognize the devastating legacy of American slavery, and encourage all citizens of Michigan to educate each other and future generations on the history of slavery to ensure that this tragedy will never be forgotten or repeated.” Madam President, it is important to me, because in this chamber and in this state and all across this country, we have found a way to commemorate, to memorialize, and to then celebrate the freedoms of people who have achieved that freedom through their struggles; people like the Jews, the Armenians, people of Asian-Pacific descent, and people who are Native American. It is high time that in this country we begin the very slow and, in my mind, the very necessary process of healing this country from its first atrocity, and that is what we did to not just Native Americans, but black folks in this country. By unanimous consent the Senate returned to the order of Introduction and Referral of Bills Senators Schuitmaker and Emmons introduced Senate Bill No. 405, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1311 and 1561 (MCL 380.1311 and 380.1561), section 1311 as amended by 2008 PA 1 and section 1561 as amended by 2009 PA 204. The bill was read a first and second time by title and referred to the Committee on Education. Senators Schuitmaker and Emmons introduced Senate Bill No. 406, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1586 (MCL 380.1586). The bill was read a first and second time by title and referred to the Committee on Education. Senators Emmons and Schuitmaker introduced Senate Bill No. 407, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1310a (MCL 380.1310a), as amended by 2000 PA 230. The bill was read a first and second time by title and referred to the Committee on Education. 1326 JOURNAL OF THE SENATE [June 18, 2015] [No. 59 Senators Emmons and Schuitmaker introduced Senate Bill No. 408, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 2 of chapter XIIA (MCL 712A.2), as amended by 2014 PA 342. The bill was read a first and second time by title and referred to the Committee on Education. Senators O’Brien, Casperson and Knezek introduced Senate Bill No. 409, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7340c (MCL 333.7340c), as added by 2014 PA 217. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Casperson, O’Brien and Knezek introduced Senate Bill No. 410, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2014 PA 218. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Bieda introduced Senate Bill No. 411, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 61505b. The bill was read a first and second time by title and referred to the Committee on Energy and Technology. Senators Knollenberg and Marleau introduced Senate Bill No. 412, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3104 (MCL 500.3104), as amended by 2002 PA 662. The bill was read a first and second time by title and referred to the Committee on Insurance. Senators Knollenberg and Marleau introduced Senate Bill No. 413, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 805a. The bill was read a first and second time by title and referred to the Committee on Insurance. Senator Schmidt introduced Senate Bill No. 414, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 1, 51, and 601 (MCL 206.1, 206.51, and 206.601), section 51 as amended by 2012 PA 223 and section 601 as added by 2011 PA 38. The bill was read a first and second time by title and referred to the Committee on Finance. Senator Hansen introduced Senate Bill No. 415, entitled A bill to create the road and bridge fund; to provide for the allocation of funds from the road and bridge fund; and to provide for the powers and duties of certain state and local governmental officers and entities. The bill was read a first and second time by title and referred to the Committee on Transportation. Senators Brandenburg, Colbeck, Hansen, Hune, Robertson, Zorn, Nofs, Schmidt, Marleau and Hildenbrand introduced Senate Bill No. 416, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 4ee. The bill was read a first and second time by title and referred to the Committee on Finance. No. 59] [June 18, 2015] JOURNAL OF THE SENATE 1327 Senators Brandenburg, Colbeck, Hansen, Hune, Robertson, Zorn, Nofs, Schmidt, Marleau and Hildenbrand introduced Senate Bill No. 417, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4cc. The bill was read a first and second time by title and referred to the Committee on Finance. Senator Schmidt introduced Senate Bill No. 418, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 203 (MCL 259.203), as amended by 2008 PA 25. The bill was read a first and second time by title and referred to the Committee on Commerce. House Bill No. 4039, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 78f and 78i (MCL 211.78f and 211.78i), section 78f as amended by 2003 PA 263 and section 78i as amended by 2006 PA 611, and by adding section 78s. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Local Government. House Bill No. 4185, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 217c (MCL 257.217c), as amended by 2002 PA 642. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. House Bill No. 4314, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 601d (MCL 257.601d), as added by 2008 PA 463. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4459, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 310 (MCL 257.310), as amended by 2013 PA 27. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 4460, entitled A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 2 (MCL 28.292), as amended by 2013 PA 28. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 4637, entitled A bill to regulate transportation network companies in this state; to provide for the powers and duties of certain state officers and entities; and to prescribe penalties and provide remedies. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. House Bill No. 4638, entitled A bill to amend 1990 PA 271, entitled “Limousine transportation act,” by amending section 5 (MCL 257.1905). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. 1328 JOURNAL OF THE SENATE [June 18, 2015] [No. 59 House Bill No. 4639, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3009, 3037, 3101, and 3113 (MCL 500.3009, 500.3037, 500.3101, and 500.3113), section 3009 as amended by 1988 PA 43, section 3037 as amended by 1980 PA 461, section 3101 as amended by 2014 PA 492, and section 3113 as amended by 2014 PA 489, and by adding section 3017. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. House Bill No. 4640, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3114 (MCL 500.3114), as amended by 2002 PA 38. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. House Bill No. 4641, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 6 and 7 (MCL 257.6 and 257.7), section 6 as amended by 2002 PA 534, and by adding sections 12c, 40c, 43b, 76a, 76b, 76c, and 518a. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. enator Kowall moved that when the Senate adjourns today, it stand adjourned until Tuesday, June 30, at 10:00 a.m. S The motion prevailed. Committee Reports The Committee on Judiciary reported Senate Bill No. 225, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 2 and 2a (MCL 28.422 and 28.422a), section 2 as amended by 2014 PA 201 and section 2a as amended by 2013 PA 3, and by adding section 12c. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 340, entitled A bill to amend 1915 PA 31, entitled “Youth tobacco act,” by amending sections 1 and 2 (MCL 722.641 and 722.642), as amended by 2006 PA 236. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson No. 59] [June 18, 2015] JOURNAL OF THE SENATE 1329 To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 384, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 43b (MCL 400.43b), as added by 2002 PA 573. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 385, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 231 (MCL 750.231), as amended by 2006 PA 401. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker and Bieda Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, June 16, 2015, at 3:30 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca and Bieda Excused: Senator Colbeck The Committee on Appropriations reported Senate Bill No. 356, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 12, 1211, and 1260 (MCL 380.12, 380.1211, and 380.1260), section 12 as amended by 2013 PA 96, section 1211 as amended by 2012 PA 285, and section 1260 as amended by 1995 PA 289. With the recommendation that the substitute (S-3) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Nofs, Green, Gregory, Hopgood, Hertel and Knezek Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. 1330 JOURNAL OF THE SENATE [June 18, 2015] [No. 59 COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, June 17, 2015, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel and Knezek Excused: Senator Young The Committee on Insurance reported Senate Bill No. 150, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406t. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Brandenburg, Schmidt, O’Brien, Jones, Bieda, Johnson and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Insurance reported House Bill No. 4193, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 328 (MCL 257.328), as amended by 2004 PA 52. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Schmidt, O’Brien, Bieda and Johnson Nays: Senator Brandenburg The bill was referred to the Committee of the Whole. The Committee on Insurance reported House Bill No. 4354, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2021, 2108, 2112, 2406, 2458, 2606, and 2652 (MCL 500.2021, 500.2108, 500.2112, 500.2406, 500.2458, 500.2606, and 500.2652), section 2021 as added by 1982 PA 7, section 2112 as amended by 2012 PA 454, section 2406 as amended by 1993 PA 200, and sec­ tion 2458 as amended by 1988 PA 262. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Brandenburg, Schmidt, O’Brien, Jones, Bieda, Johnson and Young Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Insurance submitted the following: T Meeting held on Wednesday, June 17, 2015, at 2:00 p.m., Room 100, Farnum Building Present: Senators Hune (C), Brandenburg, Schmidt, O’Brien, Jones, Bieda, Johnson and Young Excused: Senator Horn No. 59] [June 18, 2015] JOURNAL OF THE SENATE 1331 The Committee on Education reported House Bill No. 4326, entitled A bill to amend 2012 PA 436, entitled “Local financial stability and choice act,” by amending sections 2 and 4 (MCL 141.1542 and 141.1544). With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher and Colbeck Nays: Senator Knezek The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Education reported House Bill No. 4329, entitled A bill to amend 2012 PA 436, entitled “Local financial stability and choice act,” (MCL 141.1541 to 141.1575) by adding section 7a. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher and Colbeck Nays: Senator Knezek The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Education reported House Bill No. 4330, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 17a and 18 (MCL 388.1617a and 388.1618), section 17a as amended by 2014 PA 196 and section 18 as amended by 2015 PA 5. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Education reported House Bill No. 4325, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1219. With the recommendation that the substitute (S-5) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Education reported House Bill No. 4327, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1220. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson 1332 JOURNAL OF THE SENATE [June 18, 2015] [No. 59 To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Education reported House Bill No. 4328, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 102 (MCL 388.1702), as amended by 2013 PA 60. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Thursday, June 18, 2015, at 8:15 a.m., Room 110, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek Scheduled Meetings Criminal Justice Policy Commission - Wednesday, July 1, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Build­ ing (373-0212) Elections and Government Reform - Tuesday, June 30, 9:00 a.m., Room 110, Farnum Building (373-1721) Finance - Tuesday, June 23, 8:30 a.m., Room 210, Farnum Building (373-5312) (CANCELED) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 3:56 p.m. In pursuance of the order previously made, the Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Tuesday, June 30, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 60 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, June 30, 2015. 10:00 a.m. The Senate was called to order by the Assistant President pro tempore, Senator Margaret E. O’Brien. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—excused Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—excused Horn—present Hune—present Johnson—excused Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1334 JOURNAL OF THE SENATE [June 30, 2015] [No. 60 enator Steven M. Bieda of the 9th District offered the following invocation: S Today, we offer our prayers and our thoughts in the hope that we may be better able to serve the people of Michigan. Too often our minds are clouded and bound by our earthly grievances, by hate and prejudices, and by our own self-serving tendencies. We must remember all those who are affected by the laws that we pass. The repercussions of our work are far-reaching, and it is a disservice to all our constituents when we fail to consider the importance and impact our work have on their lives. Let us be cognizant of our neighbors, and bestow them with dignity and respect under the law, which they have elected us to uphold and amend for them. Finally, may we be ever grateful to serve in this office. We pray this and all prayers in our hearts to God above. Amen. The Assistant President pro tempore, Senator O’Brien, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senators Brandenburg and Knollenberg be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Hopgood, Johnson and Gregory be excused from today’s session. S The motion prevailed. enator Kowall moved that rule 3.902 be suspended to allow the guest of Senator Booher admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. The following communication was received and read: Office of the Senate Majority Leader I would like Senate Bills 414 and 415 re-referred to the Senate Committee on Government Operations. If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communication was referred to the Secretary for record. The following communications were received and read: Office of the Auditor General nclosed is a copy of the following audit report: E Single audit report for the State of Michigan for the fiscal year ended September 30, 2014. June 29, 2015 June 22, 2015 June 23, 2015 nclosed is a copy of the following audit report: E Performance audit report on State Public Universities’ Reporting of Selected Higher Education Institutional Data Inventory (HEIDI) data for fiscal year 2014. June 25, 2015 nclosed is a copy of the following audit report: E Performance audit report on Protective Services Centralized Intake Unit, Michigan Department of Health and Human Services. No. 60] [June 30, 2015] JOURNAL OF THE SENATE nclosed is a copy of the following Preliminary Survey Summary: E Regionalization of Maintenance Operations, Department of Corrections. 1335 June 26, 2015 Sincerely, Doug Ringler Auditor General he audit reports and preliminary survey summary were referred to the Committee on Government Operations. T The following communications were received: Department of State Administrative Rules Notices of Filing June 18, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-152-IF (Secretary of State Filing #15-06-02) on this date at 3:56 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Captive Insurance Company Rules.” These rules take effect 7 days after filing with the Secretary of State. June 18, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-111-LR (Secretary of State Filing #15-06-01) on this date at 3:56 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 8. Electrical Code.” These rules take effect immediately after filing with the Secretary of State. June 24, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-135-LR (Secretary of State Filing #15-06-03) on this date at 3:21 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Emergency 9-1-1 Services Multiline Telephone Systems.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. June 24, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-035-NR (Secretary of State Filing #15-06-04) on this date at 3:21 p.m. for the Department of Natural Resources, entitled “Open and Prescribed Burning.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The following communication was received: Office of Senator Steven M. Bieda June 18, 2015 er Senate Rule 1.110(c), I am requesting that my name be added immediately as a co‑sponsor to Senate Bill 403, which P was introduced on June 16, 2015, by Senator Marty Knollenberg and is currently in the Senate Committee on Agriculture. 1336 JOURNAL OF THE SENATE [June 30, 2015] [No. 60 If you have any questions, please feel free to contact my office. Thank you. Sincerely, Steve Bieda State Senator 9th District The communication was referred to the Secretary for record. The following communication was received: Office of Senator Patrick Colbeck I would like to be added as a co‑sponsor on SB 33. Thank you for your consideration of my request. The communication was referred to the Secretary for record. June 18, 2015 Sincerely Patrick Colbeck State Senator, 7th District The Secretary announced that the following House bill was received in the Senate and filed on Thursday, June 18: House Bill No. 4517 The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, June 23, for his approval the following bills: Enrolled Senate Bill No. 217 at 2:30 p.m. Enrolled Senate Bill No. 108 at 2:32 p.m. Enrolled Senate Bill No. 112 at 2:34 p.m. Enrolled Senate Bill No. 113 at 2:36 p.m. Enrolled Senate Bill No. 114 at 2:38 p.m. The Secretary announced that the following bills and joint resolution were printed and filed on Thursday, June 18, and are available at the Michigan Legislature website: House Bill Nos. 4727 4728 4729 4730 4731 4732 4733 4734 4735 4736 4737 4738 4739 House Joint Resolution T The Secretary announced that the following bills and joint resolutions were printed and filed on Friday, June 19, and are available at the Michigan Legislature website: Senate Bill Nos. 405 406 407 408 409 410 411 412 413 414 415 416 417 418 House Bill Nos. 4740 4741 4742 4743 4744 4745 4746 4747 4748 4749 4750 4751 4752 4753 4754 4755 4756 4757 4758 4759 House Joint Resolutions U V W X Senator Young entered the Senate Chamber. Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today: House Bill No. 4319 House Bill No. 4320 The motion prevailed, a majority of the members serving voting therefor. Messages from the Governor The following messages from the Governor were received: Date: June 25, 2015 Time: 10:23 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 112 (Public Act No. 92), being An act to amend 1957 PA 29, entitled “An act to provide for the disposition of certain files and records in the probate courts of this state,” by amending section 1 (MCL 720.551). (Filed with the Secretary of State on June 25, 2015, at 1:08 p.m.) No. 60] [June 30, 2015] JOURNAL OF THE SENATE 1337 Date: June 25, 2015 Time: 10:26 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 113 (Public Act No. 93), being An act to amend 1921 PA 137, entitled “An act authorizing counties of this state to contract with agencies, institutions, and hospitals licensed by the department of consumer and industry services for the aid, care, support, maintenance, treatment, cure, or relief of children,” by amending section 1 (MCL 722.501), as amended by 1996 PA 411. (Filed with the Secretary of State on June 25, 2015, at 1:10 p.m.) Date: June 25, 2015 Time: 10:29 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 114 (Public Act No. 94), being An act to amend 1921 PA 137, entitled “An act authorizing counties of this state to contract with agencies, institutions, and hospitals licensed by the department of consumer and industry services for the aid, care, support, maintenance, treatment, cure, or relief of children,” by amending section 3 (MCL 722.503), as amended by 1996 PA 411. (Filed with the Secretary of State on June 25, 2015, at 1:12 p.m.) Respectfully, Brian Calley Acting and Lieutenant Governor The following messages from the Governor were received and read: June 5, 2015 I respectfully submit to the Senate the following appointment to office: State Building Authority Board of Trustees Linda M. Orlans of 810 Pierce Street, Birmgingham, Michigan 48009, county of Oakland, succeeding David Trott, is appointed for a term expiring August 21, 2015. June 16, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Board of Acupuncture David L. Krofcheck of 7622 Gull Creek Drive, Richland, Michigan 49083, county of Kalamazoo, representing acupunc­ turists, succeeding himself, is reappointed for a term expiring June 30, 2019. Xiaohong Tan of 5361 Wild Oak Drive, East Lansing, Michigan 48823, county of Ingham, representing acupuncturists, succeeding herself, is reappointed for a term expiring June 30, 2019. June 16, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Board of Athletic Trainers Patrick F. Wykes of 3768 Pine Meadow Drive, Holland, Michigan 49424, county of Ottawa, representing athletic trainers, succeeding himself, is reappointed for a term expiring June 30, 2019. June 16, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Compensation Appellate Commission Rachel R. Lipinski of 4227 Shadyhill Lane, Lansing, Michigan 48917, county of Eaton, succeeding Neal Young, is appointed for a term commencing August 1, 2015, and expiring July 31, 2019. Garry L. Goolsby of 914 W. Ionia Street, Lansing, Michigan 48915, county of Ingham, succeeding himself, is reap­ pointed for a term commencing August 1, 2015, and expiring July 31, 2019. June 16, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Board of Medicine Michelle A. Gormas of 1214 Chester Road, Lansing, Michigan 48912, county of Ingham, representing physician’s assistants, succeeding Meghan Bisonet, is appointed for a term expiring December 31, 2018. 1338 JOURNAL OF THE SENATE [June 30, 2015] [No. 60 June 16, 2015 I respectfully submit to the Senate the following appointments to office: Military Appeals Tribunal Robert C. Gardella of 4538 River Hills Court, Brighton, Michigan 48114, county of Livingston, representing civilians licensed to practice law in this state, succeeding himself, is reappointed for a term expiring on April 16, 2019. Bradley L. Smith of 14191 Calhoun Road, Addison, Michigan 49220, county of Hillsdale, representing civilians licensed to practice law in this state, succeeding himself, is reappointed for a term expiring on April 16, 2019. Kyle R. Dufrane of 48353 Tecumseh Drive, Macomb, Michigan 48044, county of Macomb, representing civilians licensed to practice law in this state, succeeding himself, is reappointed for a term expiring on April 16, 2019. June 16, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Task Force on Physician’s Assistants Joan L. Eddy of 277 Dale Street, Grayling, Michigan 49738, county of Crawford, representing physician’s assistants, succeeding Margarette VanderPloeg, is appointed for a term expiring December 31, 2018. June 16, 2015 I respectfully submit to the Senate the following appointment to office: Residential Builders’ and Maintenance and Alteration Contractors’ Board Bradley S. Laackman of 3175 Cascade Road, S.E., Grand Rapids, Michigan 49506, county of Kent, representing the general public, succeeding Colleen Shannon, is appointed for a term expiring March 31, 2019. June 17, 2015 I respectfully submit to the Senate the following appointment to office: Sexual Assault Evidence Kit Tracking and Reporting Commission Clarrissa Suzanne Allard of 9870 Rolling Green Drive, Pinckney, Michigan 48169, county of Livingston, is appointed for a term expiring at the pleasure of the Governor. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Booher as Chairperson. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4319, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 669 (MCL 257.669), as amended by 2002 PA 534. House Bill No. 4320, entitled A bill to amend 1990 PA 187, entitled “The pupil transportation act,” by amending section 57 (MCL 257.1857), as amended by 2006 PA 108. The bills were placed on the order of Third Reading of Bills. During the Committee of the Whole, Senators Knollenberg and Brandenburg entered the Senate Chamber. By unanimous consent the Senate returned to the order of Messages from the House House Bill No. 4325, entitled A bill to amend 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the No. 60] [June 30, 2015] JOURNAL OF THE SENATE 1339 organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” (MCL 380.1 to 380.1852) by adding section 1219. The House of Representatives has amended the Senate substitute (S-5) as follows: 1. Amend page 10, line 23, by striking out all of subdivision (G). The House of Representatives has concurred in the Senate substitute (S-5) as amended and agreed to the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the House amendment made to the Senate substitute, The amendment was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 338 Yeas—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Nays—9 Ananich Hood Rocca Warren Bieda Knezek Smith Young Hertel Excused—3 Gregory Hopgood Johnson Not Voting—0 In The Chair: O’Brien By unanimous consent the Senate proceeded to the order of Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: House Bill No. 4331 House Bill No. 4332 The motion prevailed. 1340 JOURNAL OF THE SENATE [June 30, 2015] [No. 60 The following bill was read a third time: House Bill No. 4331, entitled A bill to amend 1980 PA 243, entitled “Emergency municipal loan act,” by amending sections 2, 3, 4, 6, and 7 (MCL 141.932, 141.933, 141.934, 141.936, and 141.937), as amended by 2012 PA 284. The question being on the passage of the bill, Senator Young offered the following amendment: 1. Amend page 2, line 12, after “$20,000,000.00.” by striking out the balance of the subdivision. The amendment was not adopted, a majority of the members serving not voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 339 Yeas—25 Ananich Horn Marleau Rocca Booher Hune Meekhof Schmidt Casperson Jones Nofs Schuitmaker Emmons Knollenberg Pavlov Shirkey Green Kowall Proos Stamas Hansen MacGregor Robertson Zorn Hildenbrand Nays—10 Bieda Hertel O’Brien Warren Brandenburg Hood Smith Young Colbeck Knezek Excused—3 Gregory Hopgood Johnson Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide emergency financial assistance for certain political subdivisions of this state; to create a local emergency financial assistance loan board and to prescribe the powers and duties of this board; to prescribe conditions for granting and receiving loans, to prescribe terms and conditions for the repayment of loans, and to allow the limiting of repayment by a county from specified revenue sources; to impose certain requirements and duties on certain state departments, political subdivisions of this state, and officials of this state and political subdivisions of this state; and to prescribe remedies and penalties,”. The Senate agreed to the full title. Senator Young asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. No. 60] [June 30, 2015] JOURNAL OF THE SENATE 1341 enator Young’s statement is as follows: S I rise in support of my amendment to this bill which would remove the provision that unfairly and unnecessarily targets Detroit Public Schools. This amendment would eliminate the provision in the bill that prohibits schools of the first class from obtaining a loan, which at this time only includes Detroit Public Schools. One can argue the relative merits of increasing the caps on loans to school districts and the locals. What can’t be argued is that the offending provision is a real problem in that it only applies to one district, and this provision was added by politicians, not financial experts. According to committee testimony, this bill as originally introduced did not include the Detroit-specific provision. The Treasury Department said it was not done at their behest. If the Treasury Department, which has been in lockstep with the administration and majority, didn’t want this limit, then why is it there? To punish Detroit by hurting each and every child who attends school there. We all know about the precarious state of Detroit Public Schools. What I want to remind you of, colleagues, is where the majority of this staggering debt came from: state-appointed managers. It takes some gall and some incredible intestinal fortitude to run up astronomical debt in another person’s name, and then make it illegal for them to pay it off. It is long past time that the Legislature stop routinely punishing Detroit. I ask for your support of my amendment. The following bill was read a third time: House Bill No. 4332, entitled A bill to amend 1855 PA 105, entitled “An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies,” by amending section 1 (MCL 21.141), as amended by 2012 PA 287. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 340 Yeas—28 Ananich Hertel MacGregor Robertson Bieda Hildenbrand Marleau Rocca Booher Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Emmons Jones O’Brien Shirkey Green Knollenberg Pavlov Stamas Hansen Kowall Proos Zorn Nays—7 Brandenburg Hood Smith Young Colbeck Knezek Warren Excused—3 Gregory Hopgood Johnson In The Chair: O’Brien Not Voting—0 1342 JOURNAL OF THE SENATE [June 30, 2015] [No. 60 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following concurrent resolution be postponed for today: S House Concurrent Resolution No. 3 The motion prevailed. Senators Johnson, Gregory, Bieda, Hopgood, Hune, Hood, Brandenburg, Young, Warren, Schmidt, Emmons, Proos, Nofs, Booher, Rocca, Hildenbrand, Hertel, Smith, Knezek and Kowall offered the following resolution: Senate Resolution No. 75. A resolution recognizing June 19, 2015, as Juneteenth. Whereas, The transatlantic slave trade system established both Europe and North America as world powers by and through the commoditization of Africans. Millions of Africans suffered disease and death on the eight week voyages across the Middle Passage; and Whereas, From 1619 through 1865, millions of Africans and their descendants were enslaved in the United States, the thirteen American colonies, and eventually the United States of America; and Whereas, Maritime, agricultural, insurance, defense, tobacco, sugar, and cotton industries were established off profits from the atrocities of slavery; and Whereas, Slavery highlights the fundamental hypocrisy and moral contradiction of European whites in America who declared independent rights from Great Britain, while holding in bondage more than 100,000 Africans; and Whereas, Michigan served as the major hub of the Underground Railroad and home to several white abolitionists, including U.S. Representative and U.S. Senator Jacob Merritt Howard, Guy Beckley of Ann Arbor, Erastus Hussey of Battle Creek, and Seymour Finney of Detroit; and Whereas, Through the work of these great men of all colors, Second Baptist Church of Detroit, Friends of the Fugitives, Anti-Slavery Society, and other institutions, thousands of slaves were freed; and Whereas, On this day in 1865, Texas was the last state to recognize that enslaved persons were free, two and a half years after the Emancipation Proclamation was signed by President Lincoln. For this reason, it is celebrated as Juneteenth; and Whereas, Slavery was abolished through the passage of the 13th Amendment to the United States Constitution in 1865, after the end of the Civil War; and Whereas, After the emancipation from 246 years of slavery, Africans in American continue to experience the vestiges of slavery from challenges to voting rights, inadequate public education systems, lack of access to capital lending institutions, and other social and economic injustices; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate June 19, 2015, as Juneteenth in the state of Michigan; and be it further Resolved, That we recognize the devastating legacy of American slavery, and encourage all citizens of Michigan to educate each other and future generations on the history of slavery to ensure that this tragedy will never be forgotten or repeated. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Judiciary. The motion prevailed. Senators Colbeck, Hansen and Horn were named co‑sponsors of the resolution. enator Hood offered the following resolution: S Senate Resolution No. 76. A resolution to urge the United States government to place the portrait of Rosa Parks on the $10 bill. Whereas, The Secretary of the Treasury has indicated that he is accepting public input regarding which American woman will be honored by being placed upon the new $10 bill; and Whereas, We must first recognize that millions of American women would qualify to be placed on the new $10 bill, but nonetheless, a selection must be made; and No. 60] [June 30, 2015] JOURNAL OF THE SENATE 1343 Whereas, No woman from American history has surpassed the activism, dignity, and profound importance of Rosa Parks, and she is the ideal person to be honored by the government she did so much to improve; and Whereas, Rosa Parks was born in Tuskegee, Alabama, and also lived in Hampton, Virginia, and Detroit, Michigan. In Montgomery, Alabama, on December 1, 1955, she sat down and refused to get up, and in doing so, stood up for the rights of all people, which made us better. She was charged with “refusing to obey orders of bus driver” under the city code. The ordinance provided that any employee of the bus company “shall have the powers of a police officer of the city” to enforce the segregation code [Montgomery City Code, Chapter 6, Section 11]; and Whereas, In 1955, it was not clear to Rosa Parks that her actions would bring about positive change, and she acted at great risk to herself and her community. Both Mrs. Parks and her husband would lose their jobs during the boycott that followed, and they moved to Detroit shortly thereafter. The story of the Montgomery Bus Boycott is often told without reference to the extreme hardship endured by its advocates. Rosa Parks’ actions are often told as a tale of one day of advocacy, but her actions on that day were not an isolated incident. They were the culmination of more than a decade of activism during which she served as secretary of the Montgomery NAACP and as the head of a youth program; and Whereas, After enduring the hardship of the 381-day boycott, she became the mother of the Civil Rights Movement and served as an aide to Congressman John Conyers, Jr., from 1965 to 1988. Mrs. Parks lived out her life serving the residents of her adopted community in the same manner as she would walk with Presidents when they honored her. For almost 50 years, she was with us, among us, and always a guiding star ever shining above us; and Whereas, Adding her portrait to the $10 bill would educate a new generation of Americans about the greater story behind her life and the Civil Rights Movement. It would serve as a reminder that she endured a lifetime of advocacy, both before and after December 1, 1955; and Whereas, There is no better example of a person whose actions served not only as a reflection of herself, but as a reflection of what our society should become. As President Clinton said in 1999, “In so many ways, Rosa Parks brought America home to our founders’ dream”; and Whereas, We ask that the President of the United States and Secretary of the Treasury honor the unsurpassed American life of Rosa Parks by placing her portrait upon the $10 bill; now, therefore, be it Resolved by the Senate, That we urge the United States government to place this honor upon Rosa Parks; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States, the Secretary of the Treasury, the President of the United States Senate, the Speaker of the United States House of Representatives, the Michigan congressional delegation, and the leaders of the state legislatures of the United States. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Judiciary. The motion prevailed. Senators Hertel and Warren were named co‑sponsors of the resolution. Introduction and Referral of Bills Senator Bieda introduced Senate Bill No. 419, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 726 (MCL 168.726) and by adding sections 750a and 750b. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senator Kowall introduced Senate Bill No. 420, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize 1344 JOURNAL OF THE SENATE [June 30, 2015] [No. 60 the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 11c (MCL 247.661c), as amended by 2002 PA 498. The bill was read a first and second time by title and referred to the Committee on Transportation. Senators Hertel, Jones, Knezek, Hood, Schmidt and Marleau introduced Senate Bill No. 421, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 653 (MCL 257.653). The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Jones, Hertel, Knezek, Hood, Schmidt and Marleau introduced Senate Bill No. 422, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12g of chapter XVII (MCL 777.12g), as amended by 2008 PA 467. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Stamas, Knezek, MacGregor and Horn introduced Senate Bill No. 423, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2444 (MCL 333.2444). The bill was read a first and second time by title and referred to the Committee on Agriculture. Senator Casperson introduced Senate Bill No. 424, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7410 (MCL 333.7410), as amended by 2006 PA 552. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4517, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 863 (MCL 380.863). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Education. Statements Senators Hertel and Colbeck asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Hertel’s statement is as follows: On Friday, I was honored to witness a couple together 31 years marry on the steps of the Ingham County Courthouse. Imagine waiting 31 years to finally have your family and your commitment recognized by your government. It was a beautiful moment, and I was very moved. No. 60] [June 30, 2015] JOURNAL OF THE SENATE 1345 Unfortunately in Michigan, it brings to mind an abominable reality that this couple could still be legally fired for being gay. They could be denied housing because they live their lives out loud. Under legislation that my colleagues across the aisle have called more important now than ever, they could be kicked out of a restaurant or doctor’s office just because of who they are. Colleagues, the vast majority of people we represent believe in equal rights. The highest court in this land has ruled that marriage equality is a fundamental constitutional right. I was appalled and dismayed when I read within hours of that ruling that several of my colleagues have pledged to pass religious freedom legislation that would give a license to discriminate against any LGBT Michigander. At every level—national, statewide, and local—people believe in equal rights for all. People don’t want to live in a state where their friends, neighbors, or themselves are discriminated against. We have a duty to legislate as a reflection of the people we represent, not as a reflection of campaign funders or radical interest groups. I am calling on my colleagues across the aisle to end this mean-spirited attack of our LGBT citizens. I am calling on them to support expansion of the state’s Elliott-Larsen Civil Rights Act to include our LGBT residents. I am calling on them at long last to do the right thing and to finally be on the right side of history. Let’s take action to make the sign we see at every border crossing read true: Welcome to Michigan. enator Colbeck’s statement is as follows: S I would like to read an excerpt from the farewell address of our first President of the United States, George Washington. In his farewell address, he makes the following statement: “Of all the dispositions and habits which lead to political prosperity, religion and morality are indispensable supports. In vain would that man claim the tribute of patriotism who should labor to subvert these great pillars of human happiness, these firmest props of the duties of men and citizens. The mere politician, equally with the pious man, ought to respect and to cherish them. A volume could not trace all their connections with private and public felicity. Let it simply be asked where is the security for property, for reputation, for life, if the sense of religious obligation desert the oaths, which are the instruments of investigation in courts of justice? And let us with caution indulge the supposition that morality can be maintained without religion. Whatever may be conceded to the influence of refined education on minds of peculiar structure, reason and experience both forbid us to expect that national morality can prevail in exclusion of religious principle.” Committee Reports The Committee on Commerce reported Senate Bill No. 98, entitled A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending sections 105 and 121 (MCL 389.105 and 389.121), as amended by 2012 PA 495. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall and Nofs Nays: Senators MacGregor and Hertel The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Commerce reported Senate Bill No. 250, entitled A bill to amend 2014 PA 138, entitled “Workforce opportunity wage act,” by amending section 4b (MCL 408.414b). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor and Nofs Nays: Senator Hertel The bill was referred to the Committee of the Whole. 1346 JOURNAL OF THE SENATE [June 30, 2015] [No. 60 The Committee on Commerce reported Senate Bill No. 310, entitled A bill to prohibit an employer from discriminating against, disciplining, or discharging an employee who is absent from work to respond to an emergency as a civil air patrol volunteer; and to provide remedies for a violation of this act. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor, Nofs and Hertel Nays: None The bill was referred to the Committee of the Whole. The Committee on Commerce reported Senate Bill No. 369, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4o (MCL 205.94o), as amended by 2012 PA 474. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor, Nofs and Hertel Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Commerce reported Senate Bill No. 370, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4t (MCL 205.54t), as amended by 2010 PA 116. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor, Nofs and Hertel Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Commerce submitted the following: T Meeting held on Wednesday, June 17, 2015, at 8:00 a.m., Room 110, Farnum Building Present: Senators Schmidt (C), Kowall, MacGregor, Nofs and Hertel The Committee on Transportation reported House Bill No. 4319, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 669 (MCL 257.669), as amended by 2002 PA 534. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill was referred to the Committee of the Whole. No. 60] [June 30, 2015] JOURNAL OF THE SENATE 1347 The Committee on Transportation reported House Bill No. 4320, entitled A bill to amend 1990 PA 187, entitled “The pupil transportation act,” by amending section 57 (MCL 257.1857), as amended by 2006 PA 108. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, June 18, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood Scheduled Meetings Commerce - Wednesday, July 1, 9:00 a.m., Room 210, Farnum Building (373-5312) Criminal Justice Policy Commission - Wednesday, July 1, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212) Transportation - Wednesday, July 1, 8:00 a.m., Room 110, Farnum Building (373-5323) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:34 a.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Wednesday, July 1, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1348 No. 61 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, July 1, 2015. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1350 JOURNAL OF THE SENATE [July 1, 2015] [No. 61 enator Mike Shirkey of the 16th District offered the following invocation: S Today, Lord, we petition You, on behalf of our state and our country, to show Your face and manifest the presence of Your Holy Spirit into our lives. We are grateful for the privilege to serve, yet we struggle. We struggle to prosper because we often fail to put You first. We struggle to love because we often fail to remember Your example and lessons. We struggle to find truth because we often rely upon worldly wisdom. In 2 Chronicles 7:14, it says: “If my people, who are called by my name, will humble themselves and pray and seek my face and turn from their wicked ways, then I will hear from heaven, and I will forgive their sin and will heal their land.” Then, in Jeremiah 29:8, 9, 11-14, it says: “Yes, this is what the Lord Almighty, the God of Israel, says: ‘Do not let the prophets and diviners among you deceive you. Do not listen to the dreams you encourage them to have. They are prophesying lies to you in my name. I have not sent them,’ declares the Lord.” Down further, it says: “ ‘For I know the plans I have for you,’ declares the Lord, ‘plans to prosper you and not harm you, plans to give you hope and a future. Then you will call on me and come and pray to me, and I will listen to you. You will seek me and find me when you seek me with all your heart. I will be found by you,’ declares the Lord, ‘and I will restore your fortunes.’ ” Now, as we close, we raise to You the most dangerous of all prayers—three dangerous words offered with trepidation and humble expectation. We ask You, Lord, to do whatever it takes to guide us away from the temptation and desire to be on the flawed side of man-made history and to endeavor to be key instruments in Your plans—in Your perfect plan for His story, Your story. Whatever it takes. In Your strong, powerful, mighty, and loving name, we pray. Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:05 a.m. 10:49 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senator Young entered the Senate Chamber. Messages from the House Senate Bill No. 69, entitled A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending sections 161, 162, and 163 (MCL 389.161, 389.162, and 389.163), as added by 2008 PA 359. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: No. 61] Roll Call No. 341 [July 1, 2015] JOURNAL OF THE SENATE 1351 Yeas—37 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hansen Nays—1 Hopgood Excused—0 Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 165, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 624a, 657, 660, 662, 901, and 907 (MCL 257.624a, 257.657, 257.660, 257.662, 257.901, and 257.907), section 624a as amended by 2012 PA 306, sections 657 and 662 as amended by 2002 PA 494, section 660 as amended by 2006 PA 339, and section 907 as amended by 2014 PA 303, and by adding sections 518a and 625p. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 166, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 33 (MCL 257.33), as amended by 2013 PA 36, and by adding section 7b. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. 1352 JOURNAL OF THE SENATE [July 1, 2015] [No. 61 Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: House Bill No. 4319 House Bill No. 4320 The motion prevailed. The following bill was read a third time: House Bill No. 4319, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 669 (MCL 257.669), as amended by 2002 PA 534. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 342 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title. No. 61] [July 1, 2015] JOURNAL OF THE SENATE 1353 The following bill was read a third time: House Bill No. 4320, entitled A bill to amend 1990 PA 187, entitled “The pupil transportation act,” by amending section 57 (MCL 257.1857), as amended by 2006 PA 108. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 343 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to regulate the equipment, maintenance, operation, and use of school buses; to prescribe the qualifications of school bus drivers; to prescribe the powers and duties of certain state and local governmental agencies; to create an advisory committee and to prescribe its powers and duties; and to prescribe remedies and penalties,”. The Senate agreed to the full title. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following concurrent resolution be postponed for today: S House Concurrent Resolution No. 3 The motion prevailed. enator Young offered the following resolution: S Senate Resolution No. 77. A resolution commemorating July 15, 2015, as Metro Detroit Youth Day. Whereas, More than 340 community and youth organizations will sponsor Metro Detroit Youth Day on July 15, 2015, at Belle Isle’s Athletic Field in Detroit. These organizations recognize that leisure and recreation are basic human needs, and the youth must use this time wisely to improve their education, the quality of their life and life’s disciplines, and be inspired to do the most good; and 1354 JOURNAL OF THE SENATE [July 1, 2015] [No. 61 Whereas, Metro Detroit Youth Day is the largest youth event in Michigan and the Midwest. It emphasizes the need for physical education and fitness, good sportsmanship, community service, and guidance from mentorships, role models, and college scholarships; and Whereas, It is acknowledged that our youth are a valuable asset to our communities and the foundation of our future; and Whereas, Metro Detroit Youth Day brings together the total community and the private sector to enhance relationships and improve community cooperation and harmony; and Whereas, Metro Detroit Youth Day provides an opportunity for youth to participate in constructive activities outside their immediate home areas, working with thousands of other youngsters and more than 1,600 volunteers; and Whereas, The historic 33rd Annual Metro Detroit Youth Day is sponsored by General Motors Foundation, SpartanNash, Inc., Detroit Free Press, Ford Motor Company, Pepsi Beverages Company, Motor City Casino, Volkswagen, Detroit Inter­ national Bridge Company, Sam’s Club, MGM Grand Detroit, Michigan Food & Beverage Association, Costco Wholesale, Garden Fresh Salsa, Kroger Company, Detroit Lions, Detroit Pistons, Detroit Tigers, DTE Energy, Michigan Department of Natural Resources, Detroit Recreation Department, Blue Cross and Blue Shield of Michigan, Wayne County Park Systems, Meijer, Inc., Quicken Loans, CoventryCares of Michigan, Inc., WDIV-TV, WXYZ-TV7 and TV20, CBS, Fox 2 TV, MEDC/ Pure Michigan, Comerica Bank, WWJ Newsradio 950, Michigan State University, Charity Motors, Greektown Casino, Walmart, Detroit Public Television, St. John Providence Hospitals, Beaumont Hospitals, tellusdetroit.com, Great Lakes Agricultural Fair, Wolverine Packing, Domino’s Pizza, Fifth Third Bank, 5/3 Michigan State Fair, American Axle & Manu­facturing, and many other sponsors, including food and beverage firms, Eastern Michigan University, Davenport University, Oakland University, University of Michigan, Wayne County Community College, Wayne State University, Western Michigan University, and others; and Whereas, Community groups such as the NAACP, Urban League of Detroit and Southeastern Michigan, Salvation Army, Boys and Girls Clubs, Boy Scouts, Girl Scouts, YMCA, YWCA, Focus: HOPE, United Way for Southeastern Michigan, Detroit Police Cadets, The Skillman Foundation, New Detroit, Inc., Forgotten Harvest, Detroit Public Schools Foundation, Big Brothers Big Sisters, and many others are participating as co‑sponsors; and Whereas, Outstanding and dedicated community leaders such as foundation founder and co-chair Ed Deeb; co-chairs Keith Bennett of Goodwill Industries; Alicia Bradford of Detroit Recreation Department; Sergeant Curtis Perry of Detroit Police Cadets; John Ambrose of Michigan State University; Keith Creagh of the Department of Natural Resources; Harold Edwards of MichCon (retired); and Barbara Jean Johnson of Tireman Center, along with hundreds of volunteers supervising the more than 34,000 youths expected to attend; now, therefore, be it Resolved by the Senate, That we hereby commemorate, July 15, 2015, as Metro Detroit Youth Day in the state of Michigan. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Gregory, Hansen, Hood, Proos and Warren were named co‑sponsors of the resolution. enators Schuitmaker and Hildenbrand offered the following resolution: S Senate Resolution No. 78. A resolution proclaiming July 11, 2015, as Srebrenica Remembrance Day and the week of July 11 as Bosnia and Herzegovina Tribute Week. Whereas, Both the United States Senate and the United States House of Representatives have passed resolutions acknowl­ edging the genocide that the Serbian forces perpetrated in Srebrenica and all of Bosnia from 1992 to 1995; and Whereas, Since 2009, both the Michigan State Senate and House of Representatives have adopted Srebrenica Remem­ brance Day and Bosnia and Herzegovina Tribute Week resolutions every year; and Whereas, July 11, 2015, is commemorated as the 20th anniversary of the Srebrenica genocide in which at least 8,372 inno­ cent Bosniak civilians were summarily executed, and 30,000 were expelled from their homes in the worst atrocity in Europe since the Holocaust; and Whereas, This anniversary, together with this year’s 23rd anniversary since the beginning of the war in Bosnia and Herzegovina, raises awareness of the tragic suffering of the Bosnian people. It also honors and remembers over 100,000 civil­ ians who died as a result of the policies of ethnic cleansing and aggression in Bosnia and Herzegovina during the period of 1992 to 1995; and Whereas, The Congress of North American Bosniaks, the umbrella organization representing Bosniaks in the United States and Canada, requested this resolution; and Whereas, The state of Michigan recognizes the importance of this event to bring closure for the Bosnian people through justice and truth; now, therefore, be it Resolved by the Senate, That we hereby proclaim July 11, 2015, as Srebrenica Remembrance Day and the week of July 11 as Bosnia and Herzegovina Tribute Week in the state of Michigan; and be it further No. 61] [July 1, 2015] JOURNAL OF THE SENATE 1355 Resolved, That we call upon all citizens to work toward ending the cycle of violence and promoting peaceful coexistence among all. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Booher, Brandenburg, Hansen, Pavlov, Proos and Warren were named co‑sponsors of the resolution. enator Casperson offered the following resolution: S Senate Resolution No. 79. A resolution to encourage the United States Forest Service to issue the owners of privately-held hunting camps on leased acres within the Ottawa National Forest special use authorization under the Recreation Residence Program or to renew or grandfather lease agreements with those remaining 104 leaseholders. Whereas, Starting in the late 1950s, Michigan residents were offered an opportunity to lease privately-owned land from the Upper Peninsula Power Company (UPPCO) to build recreational hunting camps. In 1991, the UPPCO announced intentions to sell the land currently under lease to an intermediary who would simultaneously sell the land to the United States Forest Service (USFS). Existing leaseholders were offered an option to sign a 25-year, nonrenewable lease on the land that was to be sold or to immediately vacate the property. The leases were signed in March of 1992, and the United States Forest Service (USFS) took control of the land in June 1992. The land currently under private lease accounts for less than 1,100 acres in the Ottawa National Forest; and Whereas, Hundreds of people have experienced the wonders of Michigan’s great outdoors at these hunting camps. The Ottawa National Forest is almost one million acres of rolling hills, lakes, rivers, waterfalls, and abundant wildlife. Those who lease land in the forest have built outdoor recreational traditions with their families. The hunting camps allow them to experience the seclusion and isolated environment of the Ottawa National Forest while engaging in varied recreational activities including hunting, fishing, canoeing, and snowshoeing; and Whereas, The USFS has informed leaseholders that leases will not be renewed at the end of 2016 because it is national policy not to lease national forestland to individuals. The holders of the active leases will have 90 days after the leases expire to remove the hunting cabins and return the land to its natural state; and Whereas, The expiration of the leases will hurt local economies in Ontonagon and Gogebic Counties. It will result in over $35,000 in lost lease fee revenue to the townships and almost $10,000 in tax revenue to the counties. Even a greater loss will be realized by local businesses, including gas stations, grocery stores, hardware stores, and restaurants that benefit from the patronage of the camp families; and Whereas, The expiration of the leases will eliminate refuge for people from the occasionally harsh and unexpected shifts in weather conditions. The Ottawa National Forest covers a large area in the western Upper Peninsula. Camp owners often leave their cabins or outbuildings unlocked to the relief of individuals stranded in the woods who have sought shelter. A Boy Scout troop once sheltered at the Twin Pines camp after being caught in a storm, and a group of snowmobilers is known to regularly rest at one of the camps; and Whereas, The USFS Recreation Residence Program provides private citizens an opportunity to own single-family cabins in designated areas of national forests. Currently, 15,570 recreation residences occupy national forest system lands through­out the country. Converting the soon-to-expire leases to special use permits would allow the many families currently leasing in the Ottawa National Forest an opportunity that is provided to thousands of people elsewhere in the country. Converting to the Recreation Residence Program would also maintain a tax base for local governments, provide continuing support for the local economy, and ensure that hunting and recreational traditions held so dear by Michigan residents continue to be experienced in the Ottawa National Forest; now, therefore, be it Resolved by the Senate, That we encourage the United States Forest Service to issue the owners of privately-held camps on leased acres within the Ottawa National Forest special use authorization under the Recreation Residence Program or to renew or grandfather lease agreements with those remaining 104 leaseholders; and be it further Resolved, That copies of this resolution be transmitted to the Chief of the United States Forest Service and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Natural Resources. The motion prevailed. Senators Booher, Brandenburg, Green, Gregory, Hansen, Pavlov and Proos were named co‑sponsors of the resolution. 1356 JOURNAL OF THE SENATE [July 1, 2015] [No. 61 enator Meekhof offered the following resolution: S Senate Resolution No. 80. A resolution recognizing June 2015 as Professional Pest Management Month. Whereas, Effective pest management in homes, businesses, and public places throughout our state is an important factor in maintaining the health and well-being of all Michiganders; and Whereas, Pest management professionals help protect Michigan’s food supply, homes, and the environment from disease and pest-related illnesses by practicing environmentally-friendly pest-control methods; and Whereas, The Michigan Pest Management Association provides networking and leadership opportunities for Michigan’s pest management professionals and is recognized for its efforts to protect our environment as well as to ensure the safe and effective use of pest management materials; and Whereas, Through its website www.pestworld.org, the National Pest Management Association is committed to educating the public about the dangers posed by pests and the damage they can cause; and Whereas, Professional Pest Management Month offers all Michiganders an opportunity to understand and appreciate the important role that pest management providers play in ensuring the welfare of Michiganders; now, therefore, be it Resolved by the Senate, That the members of this legislative body recognize June 2015 as Professional Pest Man­age­ ment Month in the state of Michigan, and we call this observance to the attention of all our citizens. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Booher, Brandenburg, Gregory, Hansen, Proos and Warren were named co‑sponsors of the resolution. Recess enator Kowall moved that the Senate recess until 1:30 p.m. S The motion prevailed, the time being 11:11 a.m. The Senate reconvened at the expiration of the recess and was called to order by the Assistant President pro tempore, Senator O’Brien. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 1:31 p.m. 4:56 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. Introduction and Referral of Bills enators Warren, Colbeck, Nofs, Hertel, Gregory, Bieda and Ananich introduced S Senate Joint Resolution K, entitled A joint resolution proposing an amendment to the state constitution of 1963, by amending section 9 of article II, to clarify the power of referendum when making appropriations. The joint resolution was read a first and second time by title and referred to the Committee on Government Operations. Senator Schmidt introduced Senate Bill No. 425, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 35 (MCL 259.35), as amended by 2002 PA 352. The bill was read a first and second time by title and referred to the Committee on Transportation. No. 61] [July 1, 2015] JOURNAL OF THE SENATE 1357 Senator Schmidt introduced Senate Bill No. 426, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 34 (MCL 259.34), as amended by 1996 PA 370. The bill was read a first and second time by title and referred to the Committee on Transportation. Senators Hansen, Zorn, Jones, Knollenberg, Horn, Casperson, Stamas, Marleau and Booher introduced Senate Bill No. 427, entitled A bill to amend 1963 PA 17, entitled “An act to relieve certain persons from civil liability when rendering emergency care, when rendering care to persons involved in competitive sports under certain circumstances, or when participating in a mass immunization program approved by the department of public health,” by amending sections 1 and 2 (MCL 691.1501 and 691.1502), as amended by 2002 PA 543. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Jones, Hansen, Marleau, Brandenburg and Booher introduced Senate Bill No. 428, entitled A bill to establish the American Red Cross Michigan fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Jones, Hansen, Marleau, Brandenburg and Booher introduced Senate Bill No. 429, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2013 PA 92. The bill was read a first and second time by title and referred to the Committee on Finance. Senator Hune introduced Senate Bill No. 430, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2110c. The bill was read a first and second time by title and referred to the Committee on Insurance. Senator Jones introduced Senate Bill No. 431, entitled A bill to amend 1968 PA 2, entitled “Uniform budgeting and accounting act,” (MCL 141.421 to 141.440a) by adding section 19a. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senator Casperson introduced Senate Bill No. 432, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” (MCL 259.1 to 259.208) by adding section 96. The bill was read a first and second time by title and referred to the Committee on Transportation. Senators Schmidt and Casperson introduced Senate Bill No. 433, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 3 (MCL 259.3), as amended by 2002 PA 35. The bill was read a first and second time by title and referred to the Committee on Transportation. Senators Casperson, Jones and Nofs introduced Senate Bill No. 434, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 625a (MCL 257.625a), as amended by 2015 PA 11, and by adding sections 43b and 625p. The bill was read a first and second time by title and referred to the Committee on Judiciary. 1358 JOURNAL OF THE SENATE [July 1, 2015] [No. 61 Senators Hildenbrand and MacGregor introduced Senate Bill No. 435, entitled A bill to amend 1972 PA 106, entitled “Highway advertising act of 1972,” by amending sections 2 and 13 (MCL 252.302 and 252.313), section 2 as amended by 2014 PA 2 and section 13 as amended by 1998 PA 533. The bill was read a first and second time by title and referred to the Committee on Transportation. Senator Knollenberg introduced Senate Bill No. 436, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 18b (MCL 247.668b), as amended by 2002 PA 498, and by adding section 18m. The bill was read a first and second time by title and referred to the Committee on Transportation. Senator Nofs introduced Senate Bill No. 437, entitled A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending the title and sections 6a, 6j, 6s, 10, 10a, 10f, 10p, 10r, and 10t (MCL 460.6a, 460.6j, 460.6s, 460.10, 460.10a, 460.10f, 460.10p, 460.10r, and 460.10t), the title as amended by 2005 PA 190, sections 6a, 10, 10a, 10p, and 10r as amended and section 6s as added by 2008 PA 286, section 6j as amended by 1987 PA 81, and sections 10f and 10t as added by 2000 PA 141, and by adding section 6t; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Energy and Technology. Senator Proos introduced Senate Bill No. 438, entitled A bill to amend 2008 PA 295, entitled “Clean, renewable, and efficient energy act,” by amending the title, the headings of subparts B and C of part 2 and part 5, and sections 1, 3, 5, 7, 9, 11, 13, 41, 47, 71, 73, 75, 77, 81, 83, 85, 87, 89, 91, No. 61] [July 1, 2015] JOURNAL OF THE SENATE 1359 93, 95, 97, 113, 173, 175, 177, and 179 (MCL 460.1001, 460.1003, 460.1005, 460.1007, 460.1009, 460.1011, 460.1013, 460.1041, 460.1047, 460.1071, 460.1073, 460.1075, 460.1077, 460.1081, 460.1083, 460.1085, 460.1087, 460.1089, 460.1091, 460.1093, 460.1095, 460.1097, 460.1113, 460.1173, 460.1175, 460.1177, and 460.1179), section 93 as amended by 2010 PA 269, and by adding subpart B to part 2, sections 72, 74, 77a, 78, 89a, 91a, 98, and 99, and part 7; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Energy and Technology. By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that the Committee on Appropriations be discharged from further consideration of the following bill: Senate Bill No. 291, entitled A bill to provide compensation and other relief for individuals wrongfully imprisoned for crimes; to prescribe the powers and duties of certain state governmental officers and agencies; and to provide remedies. The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders. Senator Kowall moved that the bill be referred to the Committee on Judiciary. The motion prevailed. Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today: House Bill No. 4615 House Bill No. 4616 Senate Bill No. 414 House Bill No. 4613 House Bill No. 4612 House Bill No. 4610 House Bill No. 4611 House Bill No. 4614 The motion prevailed, a majority of the members serving voting therefor. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Hildenbrand as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4615, entitled A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending sections 2, 3, 8, 22, 40, 45, 53, 63, 122, 151, 152, 153, 154, and 155 (MCL 207.1002, 207.1003, 207.1008, 207.1022, 207.1040, 207.1045, 207.1053, 207.1063, 207.1122, 207.1151, 207.1152, 207.1153, 207.1154, and 207.1155), sections 2 and 122 as amended by 2002 PA 668, section 3 as amended by 2006 PA 277, and section 8 as amended by 2006 PA 268. Substitute (S-4). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4616, entitled A bill to amend 1980 PA 119, entitled “Motor carrier fuel tax act,” by amending sections 1, 2, 2a, 4, 5, 6a, 8, 9, and 10 (MCL 207.211, 207.212, 207.212a, 207.214, 207.215, 207.216a, 207.218, 207.219, and 207.220), section 1 as amended by 2002 PA 667, sections 2 and 4 as amended by 2006 PA 346, section 2a as added by 1994 PA 353, section 5 as amended and section 6a as added by 1996 PA 584, and section 8 as amended by 2006 PA 449. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. 1360 JOURNAL OF THE SENATE [July 1, 2015] [No. 61 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 414, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 1, 51, and 601 (MCL 206.1, 206.51, and 206.601), section 51 as amended by 2012 PA 223 and section 601 as added by 2011 PA 38. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4613, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 10, 11, 12, 13, and 14 (MCL 247.660, 247.661, 247.662, 247.663, and 247.664), section 10 as amended by 2007 PA 210, section 11 as amended by 2002 PA 639, sections 12 and 13 as amended by 2012 PA 298, and section 14 as amended by 1987 PA 234. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4612, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2012 PA 498. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4610, entitled A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” (MCL 220.1 to 239.6) by adding section 19c to chapter IV. No. 61] [July 1, 2015] JOURNAL OF THE SENATE 1361 Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4611, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 11c (MCL 247.661c), as amended by 2002 PA 498. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4614, entitled A bill to amend 2004 PA 175, entitled “Streamlined sales and use tax revenue equalization act,” by amending sections 3 and 5 (MCL 205.173 and 205.175). Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: House Bill No. 4615 House Bill No. 4616 Senate Bill No. 414 House Bill No. 4613 House Bill No. 4612 House Bill No. 4610 House Bill No. 4611 House Bill No. 4614 The motion prevailed, a majority of the members serving voting therefor. The President, Lieutenant Governor Calley, assumed the Chair. 1362 JOURNAL OF THE SENATE [July 1, 2015] [No. 61 The following bill was read a third time: House Bill No. 4615, entitled A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending sections 2, 3, 8, 22, 40, 45, 53, 63, 122, 143, 151, 152, 153, 154, and 155 (MCL 207.1002, 207.1003, 207.1008, 207.1022, 207.1040, 207.1045, 207.1053, 207.1063, 207.1122, 207.1143, 207.1151, 207.1152, 207.1153, 207.1154, and 207.1155), sections 2 and 122 as amended by 2002 PA 668, section 3 as amended by 2006 PA 277, and section 8 as amended by 2006 PA 268; and to repeal acts and parts of acts. The question being on the passage of the bill, The Senators being equally divided (yeas 19; nays 19), the Lieutenant Governor voted “yea.” The bill was passed, a majority members serving and the Lieutenant Governor voting therefor, as follows: Roll Call No. 344 Booher Casperson Emmons Hansen Horn Yeas—19 Jones Meekhof Shirkey Knollenberg Nofs Smith Kowall O’Brien Stamas MacGregor Schmidt Zorn Marleau Schuitmaker Nays—19 Ananich Gregory Hune Robertson Bieda Hertel Johnson Rocca Brandenburg Hildenbrand Knezek Warren Colbeck Hood Pavlov Young Green Hopgood Proos Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to prescribe a tax on the sale and use of certain types of fuel in motor vehicles on the public roads or highways of this state and on certain other types of gas; to prescribe the manner and the time of collection and payment of this tax and the duties of officials and others pertaining to the payment and collection of this tax; to provide for the licensing of persons involved in the sale, use, or transportation of motor fuel and the collection and payment of the tax imposed by this act; to prescribe fees; to prescribe certain other powers and duties of certain state agencies and other persons; to provide for exemptions and refunds and for the disposition of the proceeds of this tax; to provide for appropriations from the proceeds of this tax; to prescribe remedies and penalties for the violation of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4616, entitled A bill to amend 1980 PA 119, entitled “Motor carrier fuel tax act,” by amending sections 1, 2, 2a, 4, 5, 6a, 8, 9, and 10 (MCL 207.211, 207.212, 207.212a, 207.214, 207.215, 207.216a, 207.218, 207.219, and 207.220), section 1 as amended No. 61] [July 1, 2015] JOURNAL OF THE SENATE 1363 by 2002 PA 667, sections 2 and 4 as amended by 2006 PA 346, section 2a as added by 1994 PA 353, section 5 as amended and section 6a as added by 1996 PA 584, and section 8 as amended by 2006 PA 449. The question being on the passage of the bill, The Senators being equally divided (yeas 19; nays 19), the Lieutenant Governor voted “yea.” The bill was passed, a majority members serving and the Lieutenant Governor voting therefor, as follows: Roll Call No. 345 Booher Casperson Emmons Hansen Horn Yeas—19 Jones Meekhof Shirkey Knollenberg Nofs Smith Kowall O’Brien Stamas MacGregor Schmidt Zorn Marleau Schuitmaker Nays—19 Ananich Gregory Hune Robertson Bieda Hertel Johnson Rocca Brandenburg Hildenbrand Knezek Warren Colbeck Hood Pavlov Young Green Hopgood Proos Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to prescribe a privilege tax for the use of public roads and highways of this state by motor carriers by imposing a specific tax upon the use of motor fuel within this state; to provide for certain credits against this tax and certain mechanisms for paying, collecting, and enforcing this tax; to provide for the licensing of motor carriers and for exemptions from licensure; to require the keeping and providing for the examination of certain reports; to provide review procedures for the assessment of the tax and revocation of a license; to impose certain duties upon and confer certain powers to certain state departments and agencies; to prescribe certain penalties for the violation of this act; and to make appropriations,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 414, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 51 (MCL 206.51), as amended by 2012 PA 223. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 346 Yeas—27 Booher Hildenbrand Meekhof Schmidt Brandenburg Horn Nofs Schuitmaker 1364 Casperson Colbeck Emmons Green Hansen JOURNAL OF THE SENATE [July 1, 2015] [No. 61 Hune O’Brien Shirkey Jones Pavlov Smith Knollenberg Proos Stamas Kowall Robertson Zorn MacGregor Rocca Nays—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Marleau Excused—0 Not Voting—0 In The Chair: President enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4613, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 10, 11, 12, 13, and 14 (MCL 247.660, 247.661, 247.662, 247.663, and 247.664), section 10 as amended by 2007 PA 210, section 11 as amended by 2002 PA 639, sections 12 and 13 as amended by 2012 PA 298, and section 14 as amended by 1987 PA 234, and by adding sections 10f and 11g. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 61] Roll Call No. 347 [July 1, 2015] JOURNAL OF THE SENATE 1365 Yeas—28 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Smith Green Kowall Proos Stamas Hansen MacGregor Robertson Zorn Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4612, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2015 PA 78. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 348 Yeas—21 Booher Horn Marleau Schmidt Casperson Jones Meekhof Shirkey Emmons Knollenberg Nofs Smith Green Kowall O’Brien Stamas Hansen MacGregor Proos Zorn Hildenbrand Nays—17 Ananich Hertel Johnson Rocca Bieda Hood Knezek Schuitmaker Brandenburg Hopgood Pavlov Warren Colbeck Hune Robertson Young Gregory 1366 JOURNAL OF THE SENATE [July 1, 2015] [No. 61 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4610, entitled A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” (MCL 220.1 to 239.6) by adding section 19c to chapter IV. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 349 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith No. 61] [July 1, 2015] JOURNAL OF THE SENATE 1367 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4611, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 11c (MCL 247.661c), as amended by 2002 PA 498. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 350 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith 1368 JOURNAL OF THE SENATE [July 1, 2015] [No. 61 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4614, entitled A bill to amend 2004 PA 175, entitled “Streamlined sales and use tax revenue equalization act,” by amending sections 3 and 5 (MCL 205.173 and 205.175). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 351 Booher Casperson Emmons Green Hansen Yeas—20 Horn Marleau Schuitmaker Jones Meekhof Shirkey Knollenberg Nofs Smith Kowall O’Brien Stamas MacGregor Schmidt Zorn Nays—18 Ananich Hertel Johnson Robertson Bieda Hildenbrand Knezek Rocca Brandenburg Hood Pavlov Warren Colbeck Hopgood Proos Young Gregory Hune Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to impose taxes and create credits and refundable credits to modify and equalize the impact of changes made to the general sales tax act and use tax act necessary to bring those taxes into compliance with the streamlined sales tax agreement so this state may participate in the streamlined sales tax system and governing board; to prescribe certain powers and duties of certain state departments; and to provide for the disbursement of certain proceeds,”. The Senate agreed to the full title. No. 61] [July 1, 2015] JOURNAL OF THE SENATE 1369 Protests Senators Hertel, Ananich, Bieda, Hood, Young and Colbeck, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill Nos. 4615, 4616, Senate Bill No. 414, House Bill Nos. 4613, 4612, 4610, 4611, and 4614. Senators Hertel, Ananich and Colbeck moved that the statements they made during the discussion of Senate Bill No. 414 and House Bill No. 4614 be printed as their reasons for voting “no.” The motion prevailed. Senator Hertel’s statement is as follows: Colleagues, I rise to offer my “no” vote explanation on this package of bills, and specifically, this bill, Senate Bill No. 414. We have been told there is $700 million in the General Fund for roads. Colleagues, I find that hard to believe when the refrain in this chamber and in every committee hearing as we reviewed budgets was that there was simply not enough money; not enough money to return our schools to the funding levels they were at before this administration came into power; not enough money to fully staff the Department of Health and Human Services and ensure our most vulnerable kids have an advocate and protector; not enough money for universities and community colleges; not enough money. But now, magically, there is $700 million for roads. That is what we’re told. Where will this money come from? I heard my colleague from the 30th District tell the media yesterday that that’s for the appropriators to decide. Colleagues, we went through the budget and looked for $700 million in cuts. It’s not easy and it’s not pretty. You could cut Medicaid provider rates and save another $170 million. Of course, those Michigan residents who rely on Medicaid for their health care wouldn’t be able to get treatment, as doctors, I am told, don’t work for free. However, countless people would be without medical care, suffering debilitating and chronic illnesses and worse. For some, that might be preferable to cutting in half that $1.4 billion tax break given to wealthy corporations, but not to me. You could stop paying debt service and save about $15 million or end technology services to scare up $11 million or cut state leases and save $25 million. You could do as I did and make a list of all the cuts you could think of, and it would span several pages, and it would still not get you nowhere near the $700 million. None of those would be advisable if we wanted to maintain an operational state government. I want to fix the roads as much as all of you. I know that we are all sincere people here. I am more than willing to sit down and negotiate with my caucus and yours to find a solution. But we cannot fill potholes on the backs of working men and women; we cannot fill potholes on the backs of the working poor; and we cannot fill potholes by cutting the investment into our future and our children’s future. Colleagues, governing isn’t easy. It’s all about choices. What we have here I cannot support, and I hope that the people of Michigan will remember who did. enator Ananich’s statement, in which Senators Bieda, Hood and Young concurred, is as follows: S Colleagues, I rise to offer my “no” vote explanation on this package of bills. We had hoped to work together to craft a comprehensive plan, one with a sustainable revenue source that doesn’t put the majority of the burden on working families. Instead, we have before us a plan that relies on an increase in the gas tax, which is rapidly becoming obsolete. Instead, we have before us a plan that demands $700 million in cuts to the state budget with no details as to where those cuts will be made. Yet, if history is the greatest predictor of the future, we can say with relative certainty that the lion’s share of these cuts will come in areas of the budget that most adversely impact working families, our public schools, our community colleges and universities, police and fire, and so on and on and on. School districts have already laid off 575 teachers and other vital staff this year alone before these cuts come. That’s only three weeks after school let out and about a month after we patted ourselves on the back about how great a job we did with our budget. Every day that number continues to climb. I know, I have been watching it. It doesn’t require corporations to give back even a fraction of the close to $2 billion tax break we have given them over the years. Time and again we see it, working families bear the burden. Schools bear the burden. Our kids bear the burden. Those aren’t the priorities that are right for Michigan, and they’re not the priorities upon which to build a sustainable, equitable transportation plan. We want a solution. What we have here is a recipe for disaster, one that I cannot and will not support. Mark my words, this is not the last time we will be back here raising taxes on working families. I want to make sure I put that on the record for the future when we come back, and we are asked to raise taxes again and again and again to fix the problems made in this bill. I thank you and I hope to continue to try and to work together in the future to make this plan one that is actually a plan that we can be proud of and be done in a bipartisan way. enator Colbeck’s statement is as follows: S In Michigan, our current budget benchmark for roads is $3.3 billion. That’s what we have been spending historically on our transportation budget. Most transportation officials agree that we need an additional $1.2 billion to keep the condition of our current road system from degrading further. In other words, it costs taxpayers $4.5 billion to maintain our state’s current transportation system. 1370 JOURNAL OF THE SENATE [July 1, 2015] [No. 61 There is widespread agreement that we need to find a sustainable solution to maintain our transportation system, and some of the bills before us today actually do make some inroads toward addressing that. Unfortunately, there is disagree­ ment on the topic of how. On one side of the argument, they assert that we need to raise $1.2 billion in taxes to maintain our roads; such is the case with House Bill No. 4614 before us. Those who favor this side of the argument like to cite polling numbers that assert that voters would support tax increases if the tax increases were dedicated to the roads. I believe that we should also ask the question: Would you prefer a solution that fixes the roads without increasing taxes or cutting schools or cutting police and fire? Most of our citizens would say yes to this question, which leads me to the other side of the argument. Sir Winston Churchill once sagely opined during budget discussions, “Gentlemen, we have run out of money. It is now time to think.” In this spirit, I believe that we need to pursue ways to reduce the costs of maintaining our roads by at least $1.2 billion. It is possible to do so. The key to doing so is to upgrade our roads from our current, dilapidated version 1 road system to a higher-quality version 2 road system. Did you know that there are ways to build roads that last up to four times as long for only 15 percent additional upfront expense? In other words, if our entire road system were to be upgraded to such a version 2 road system, our $4.5 billion budget target could be reduced to as low as $2.5 billion, which is $800 million lower than our current transportation budget benchmark. True, it would cost more initially to upgrade our roads to a higher-quality version 2 system. That means that we will need to initially reprioritize slightly over 2 percent of our current $54 billion state budget. Speaker Cotter recently set the tone for this discussion when stating in the context of the House roads plan: “We are going to take care of our needs first and our wants later.” Where does this discussion lead in tangible numbers? Many of our colleagues here are citing that there is no way to get to $700 million. Perhaps there will be some insight in this “no” vote explanation. For FY ’16, we could dedicate 100 percent of the $356 million bump from our May revenue forecast to roads. We could also allocate $212 million earmarked for the Budget Stabilization Fund and still retain a $400 million fund balance sufficient to protect us against the historical plus or minus 4 percent revenue forecast error. If we were to dedicate 100 percent of one-time and incremental FY ’16 General Fund spending to the roads, schools, and local governments, we could add another $98 million. Another $199 million could come from the Michigan Strategic Fund, which would, in essence, temporarily substitute targeted economic development subsidies for a broad-based economic development centered in the form of a better transportation system for everyone. Another $299 million in funding could come from opening up a subset of the 344 state-restricted funds to free up additional funds for roads. This yields a total of $1.2 billion in incremental funding without raising taxes or cutting K-12 or cutting police and fire. Furthermore, the amount that needs to be reprioritized would be increased each year as more and more of the roads are upgraded. The bottom line is that if we’re to make higher-quality roads a priority today, we would eventually need up to $800 million less to maintain our roads, not $1.2 billion more. It comes down to a discussion of priorities. Tax increases simply push the prioritization discussion from the halls of Lansing to the kitchen tables of our citizens. It is time to upgrade our discussion about how to fix the roads and focus on ways to prevent forcing even more of these kitchen table discussions. When we do, I believe you will join me in asserting that it is time to upgrade our roads. By unanimous consent the Senate returned to the order of Motions and Communications enator Kowall moved that when the Senate adjourns today, it stand adjourned until Wednesday, July 15, at 10:00 a.m. S The motion prevailed. Committee Reports The Committee on Elections and Government Reform reported Senate Bill No. 306, entitled A bill to enter into the compact for a balanced budget. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David B. Robertson Chairperson To Report Out: Yeas: Senators Robertson, Colbeck, Emmons and Shirkey Nays: Senator Hood The bill was referred to the Committee of the Whole. No. 61] [July 1, 2015] JOURNAL OF THE SENATE 1371 COMMITTEE ATTENDANCE REPORT he Committee on Elections and Government Reform submitted the following: T Meeting held on Tuesday, June 30, 2015, at 9:00 a.m., Room 110, Farnum Building Present: Senators Robertson (C), Colbeck, Emmons, Shirkey and Hood he Committee on Judiciary reported T Senate Resolution No. 76. A resolution to urge the United States government to place the portrait of Rosa Parks on the $10 bill. (For text of resolution, see Senate Journal No. 60, p. 1342.) With the recommendation that the resolution be adopted. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The resolution was placed on the order of Resolutions. The Committee on Judiciary reported Senate Bill No. 289, entitled A bill to prohibit the bad-faith assertion of patent infringements; to provide remedies for the bad-faith assertion of patent infringements; to provide for the powers and duties of the attorney general; and to authorize the promulgation of rules. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, June 30, 2015, at 3:30 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda The Committee on Government Operations reported Senate Bill No. 414, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 1, 51, and 601 (MCL 206.1, 206.51, and 206.601), section 51 as amended by 2012 PA 223 and section 601 as added by 2011 PA 38. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Arlan B. Meekhof Chairperson To Report Out: Yeas: Senators Meekhof, Hansen and Kowall Nays: Senators Ananich and Hood The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Government Operations reported House Bill No. 4610, entitled A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private 1372 JOURNAL OF THE SENATE [July 1, 2015] [No. 61 roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” (MCL 220.1 to 239.6) by adding section 19c to chapter IV. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Arlan B. Meekhof Chairperson To Report Out: Yeas: Senators Meekhof, Hansen and Kowall Nays: Senators Ananich and Hood The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Government Operations reported House Bill No. 4611, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 11c (MCL 247.661c), as amended by 2002 PA 498. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Arlan B. Meekhof Chairperson To Report Out: Yeas: Senators Meekhof, Hansen and Kowall Nays: Senators Ananich and Hood The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Government Operations reported House Bill No. 4612, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2012 PA 498. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Arlan B. Meekhof Chairperson No. 61] [July 1, 2015] JOURNAL OF THE SENATE 1373 To Report Out: Yeas: Senators Meekhof, Hansen and Kowall Nays: Senators Ananich and Hood The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Government Operations reported House Bill No. 4613, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 10, 11, 12, 13, and 14 (MCL 247.660, 247.661, 247.662, 247.663, and 247.664), section 10 as amended by 2007 PA 210, section 11 as amended by 2002 PA 639, sections 12 and 13 as amended by 2012 PA 298, and section 14 as amended by 1987 PA 234. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Arlan B. Meekhof Chairperson To Report Out: Yeas: Senators Meekhof, Hansen and Kowall Nays: Senators Ananich and Hood The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Government Operations reported House Bill No. 4614, entitled A bill to amend 2004 PA 175, entitled “Streamlined sales and use tax revenue equalization act,” by amending sections 3 and 5 (MCL 205.173 and 205.175). With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Arlan B. Meekhof Chairperson To Report Out: Yeas: Senators Meekhof, Hansen and Kowall Nays: Senators Ananich and Hood The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Government Operations reported House Bill No. 4615, entitled A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending sections 2, 3, 8, 22, 40, 45, 53, 63, 122, 151, 152, 153, 154, and 155 (MCL 207.1002, 207.1003, 207.1008, 207.1022, 207.1040, 207.1045, 207.1053, 207.1063, 1374 JOURNAL OF THE SENATE [July 1, 2015] [No. 61 207.1122, 207.1151, 207.1152, 207.1153, 207.1154, and 207.1155), sections 2 and 122 as amended by 2002 PA 668, section 3 as amended by 2006 PA 277, and section 8 as amended by 2006 PA 268. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Arlan B. Meekhof Chairperson To Report Out: Yeas: Senators Meekhof, Hansen and Kowall Nays: Senators Ananich and Hood The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Government Operations reported House Bill No. 4616, entitled A bill to amend 1980 PA 119, entitled “Motor carrier fuel tax act,” by amending sections 1, 2, 2a, 4, 5, 6a, 8, 9, and 10 (MCL 207.211, 207.212, 207.212a, 207.214, 207.215, 207.216a, 207.218, 207.219, and 207.220), section 1 as amended by 2002 PA 667, sections 2 and 4 as amended by 2006 PA 346, section 2a as added by 1994 PA 353, section 5 as amended and section 6a as added by 1996 PA 584, and section 8 as amended by 2006 PA 449. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Arlan B. Meekhof Chairperson To Report Out: Yeas: Senators Meekhof, Hansen and Kowall Nays: Senators Ananich and Hood The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Government Operations submitted the following: T Meeting held on Tuesday, June 30, 2015, at 4:00 p.m., Rooms 402 and 403, Capitol Building Present: Senators Meekhof (C), Hansen, Kowall, Ananich and Hood enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 5:44 p.m. In pursuance of the order previously made, the President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, July 15, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 62 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, July 15, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. enator Kowall moved that the Senate adjourn, pursuant to rule 1.205. S The motion prevailed, the time being 10:01 a.m. Committee Reports The Committee on Transportation reported Senate Bill No. 91, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811dd. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov and Marleau Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Transportation reported Senate Bill No. 326, entitled A bill to designate an official airplane of the state of Michigan. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov and Marleau Nays: None The bill was referred to the Committee of the Whole. The Committee on Transportation reported House Bill No. 4389, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 4a. 1376 JOURNAL OF THE SENATE [July 15, 2015] [No. 62 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov and Marleau Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Wednesday, July 1, 2015, at 8:00 a.m., Room 110, Farnum Building Present: Senators Casperson (C), Horn, Pavlov and Marleau Excused: Senator Hopgood The Committee on Government Operations reported House Bill No. 4609, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 272 (MCL 206.272), as amended by 2011 PA 38. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Arlan B. Meekhof Chairperson To Report Out: Yeas: Senators Meekhof, Hansen and Kowall Nays: Senators Ananich and Hood The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Finance reported Senate Bill No. 360, entitled A bill to amend 2000 PA 161, entitled “Michigan education savings program act,” by amending section 10 (MCL 390.1480), as amended by 2001 PA 215. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Finance reported Senate Bill No. 364, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 4ee. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. No. 62] [July 15, 2015] JOURNAL OF THE SENATE 1377 The Committee on Finance reported Senate Bill No. 365, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4cc. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 4542, entitled A bill to create the Michigan achieving a better life experience (ABLE) program; to provide for ABLE accounts; to prescribe the powers and duties of certain state agencies, boards, and departments; to allow certain tax credits or deductions; and to provide for penalties and remedies. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 4543, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2012 PA 597. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 4544, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 10g. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Finance submitted the following: T Meeting held on Tuesday, June 30, 2015, at 9:00 a.m., Room 210, Farnum Building Present: Senators Brandenburg (C), Robertson, Knollenberg, Casperson, Proos, Bieda and Warren 1378 JOURNAL OF THE SENATE [July 15, 2015] [No. 62 The Committee on Commerce reported Senate Bill No. 366, entitled A bill to regulate the solicitation of certain public records; to prescribe the powers and duties of certain state agencies and officials; and to provide remedies. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor, Nofs and Hertel Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Commerce submitted the following: T Meeting held on Wednesday, July 1, 2015, at 9:00 a.m., Room 210, Farnum Building Present: Senators Schmidt (C), Kowall, MacGregor, Nofs and Hertel Scheduled Meetings Criminal Justice Policy Commission - Wednesday, August 5, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212) The President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, July 16, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 63 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, July 16, 2015. 10:00 a.m. Pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate. In the absence of all Senators, pursuant to Joint Rule 15, the Secretary of the Senate adjourned the Senate, the time being 10:01 a.m. Committee Reports The Committee on Government Operations reported Senate Bill No. 90, entitled A bill to create an African-American affairs commission, an office of African-American affairs, and an interagency council on African-American affairs; to prescribe their powers and duties; and to prescribe the powers and duties of certain agencies, departments, and officials. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Arlan B. Meekhof Chairperson To Report Out: Yeas: Senators Meekhof, Kowall and Ananich Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Government Operations submitted the following: T Meeting held on Tuesday, July 14, 2015, at 3:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Meekhof (C), Kowall and Ananich Excused: Senators Hansen and Hood COMMITTEE ATTENDANCE REPORT he Subcommittee on Corrections submitted the following: T Meeting held on Wednesday, July 15, 2015, at 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Proos (C), Knollenberg and Gregory 1380 JOURNAL OF THE SENATE [July 16, 2015] [No. 63 COMMITTEE ATTENDANCE REPORT he Committee on Energy and Technology submitted the following: T Meeting held on Wednesday, July 15, 2015, at 10:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Nofs (C), Proos, Horn, Hune, Shirkey, Zorn, Hopgood, Knezek and Bieda Excused: Senator Schuitmaker Scheduled Meetings Banking and Financial Institutions and Insurance - Thursday, July 23, 11:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5312) Criminal Justice Policy Commission - Wednesday, August 5, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Build­ing (373-0212) Insurance and Banking and Financial Institutions - Thursday, July 23, 11:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5312) State Drug Treatment Court Advisory Committee - Tuesday, August 11, 10:00 a.m., Legislative Council Confer­ ence Room, 3rd Floor, Boji Tower (373-0212) The Secretary of the Senate declared the Senate adjourned until Tuesday, July 21, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 64 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, July 21, 2015. 10:00 a.m. Pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate. In the absence of all Senators, pursuant to Joint Rule 15, the Secretary of the Senate adjourned the Senate, the time being 10:01 a.m. Scheduled Meetings Banking and Financial Institutions and Insurance - Thursday, July 23, 11:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5312) Criminal Justice Policy Commission - Wednesday, August 5, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212) Insurance and Banking and Financial Institutions - Thursday, July 23, 11:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5312) State Drug Treatment Court Advisory Committee - Tuesday, August 11, 10:00 a.m., Legislative Council Confer­ ence Room, 3rd Floor, Boji Tower (373-0212) The Secretary of the Senate declared the Senate adjourned until Wednesday, July 22, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1382 No. 65 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, July 22, 2015. 10:00 a.m. Pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate. In the absence of all Senators, pursuant to Joint Rule 15, the Secretary of the Senate adjourned the Senate, the time being 10:01 a.m. Scheduled Meetings Banking and Financial Institutions and Insurance - Thursday, July 23, 11:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5312) Criminal Justice Policy Commission - Wednesday, August 5, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212) Insurance and Banking and Financial Institutions - Thursday, July 23, 11:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5312) State Drug Treatment Court Advisory Committee - Tuesday, August 11, 10:00 a.m., Legislative Council Confer­ ence Room, 3rd Floor, Boji Tower (373-0212) The Secretary of the Senate declared the Senate adjourned until Thursday, July 23, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1384 No. 66 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, July 23, 2015. 10:00 a.m. Pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate. In the absence of all Senators, pursuant to Joint Rule 15, the Secretary of the Senate adjourned the Senate, the time being 10:01 a.m. Scheduled Meetings Criminal Justice Policy Commission - Wednesday, August 5, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212) State Drug Treatment Court Advisory Committee - Tuesday, August 11, 10:00 a.m., Legislative Council Confer­ ence Room, 3rd Floor, Boji Tower (373-0212) Pursuant to House Concurrent Resolution No. 13, the Secretary of the Senate declared the Senate adjourned until Tuesday, August 11, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1386 No. 67 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, August 11, 2015. 10:00 a.m. The Senate was called to order by the Assistant President pro tempore, Senator Margaret E. O’Brien. enator Kowall moved that the Senate adjourn, pursuant to rule 1.205. S The motion prevailed, the time being 10:01 a.m. Committee Reports COMMITTEE ATTENDANCE REPORT he Committee on Banking and Financial Institutions submitted the following: T Joint meeting held on Thursday, July 23, 2015, at 11:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Booher (C), O’Brien, Nofs, Zorn, Hertel and Young Excused: Senators MacGregor and Rocca COMMITTEE ATTENDANCE REPORT he Committee on Insurance submitted the following: T Joint meeting held on Thursday, July 23, 2015, at 11:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Hune (C), Schmidt, O’Brien, Horn, Jones and Young Excused: Senators Brandenburg, Bieda and Johnson COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Wednesday, July 29, 2015, at 11:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), O’Brien, Jones, Stamas, Robertson, Hertel and Knezek Excused: Senators Hune, Marleau and Hopgood Scheduled Meetings Energy and Technology - Thursday, August 13, 10:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) 1388 JOURNAL OF THE SENATE [August 11, 2015] [No. 67 The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Wednesday, August 12, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 68 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, August 12, 2015. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. enator Hertel moved that the Senate adjourn, pursuant to rule 1.205. S The motion prevailed, the time being 10:01 a.m. Scheduled Meetings Energy and Technology - Thursday, August 13, 10:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, August 13, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1390 No. 69 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, August 13, 2015. 10:00 a.m. Pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate. In the absence of all Senators, pursuant to Joint Rule 15, the Secretary of the Senate adjourned the Senate, the time being 10:01 a.m. The Secretary of the Senate declared the Senate adjourned until Tuesday, August 18, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1392 No. 70 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, August 18, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. enator Jones moved that the Senate adjourn, pursuant to rule 1.205. S The motion prevailed, the time being 10:01 a.m. Committee Reports COMMITTEE ATTENDANCE REPORT he Committee on Energy and Technology submitted the following: T Meeting held on Thursday, August 13, 2015, at 10:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Nofs (C), Proos, Horn, Hune, Shirkey, Zorn, Hopgood and Knezek Excused: Senators Schuitmaker and Bieda Scheduled Meetings Criminal Justice Policy Commission - Wednesday, September 2, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212) Energy and Technology - Wednesday, August 19, 10:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Judiciary - Wednesday, August 19, 1:00 p.m., Room 110, Farnum Building (373-1721) Veterans, Military Affairs and Homeland Security - Thursday, August 20, 2:00 p.m., Room 110, Farnum Building (373-5314) (CANCELED) The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, August 19, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1394 No. 71 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, August 19, 2015. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. enator Kowall moved that the Senate adjourn, pursuant to rule 1.205. S The motion prevailed, the time being 10:01 a.m. Scheduled Meetings Criminal Justice Policy Commission - Wednesday, September 2, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212) Veterans, Military Affairs and Homeland Security - Thursday, August 20, 2:00 p.m., Room 110, Farnum Building (373-5314) (CANCELED) The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, August 20, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1396 No. 72 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, August 20, 2015. 10:00 a.m. The Senate was called to order by the Assistant President pro tempore, Senator Margaret E. O’Brien. Pursuant to rule 1.205, the Assistant President pro tempore, Senator O’Brien, adjourned the Senate, the time being 10:01 a.m. Committee Reports The Committee on Judiciary reported House Bill No. 4499, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3815 (MCL 600.3815), as amended by 2014 PA 387. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4500, entitled A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.79c) by adding section 79d. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4503, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 4710. 1398 JOURNAL OF THE SENATE [August 20, 2015] [No. 72 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4504, entitled A bill to create the uniform forfeiture reporting act; to require certain reports by reporting agencies regarding seized and forfeited property; to prescribe the powers and duties of certain local and state officials; to provide for certain fees and the expenditure of those fees; to require certain audits; to require certain reports by the department of state police; to provide for the withholding of law enforcement funds under certain circumstances; and to repeal acts and parts of acts. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4505, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7521 (MCL 333.7521), as amended by 2001 PA 236. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4506, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 7524b. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4507, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 3841. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson No. 72] [August 20, 2015] JOURNAL OF THE SENATE 1399 To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Wednesday, August 19, 2015, at 1:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda COMMITTEE ATTENDANCE REPORT he Committee on Energy and Technology submitted the following: T Meeting held on Wednesday, August 19, 2015, at 10:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Nofs (C), Proos, Horn, Schuitmaker, Hune, Shirkey, Zorn, Hopgood, Knezek and Bieda Scheduled Meetings Criminal Justice Policy Commission - Wednesday, September 2, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212) Energy and Technology - Wednesday, August 26, 10:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Tuesday, August 25, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1400 No. 73 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, August 25, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. enator Kowall moved that the Senate adjourn, pursuant to rule 1.205. S The motion prevailed, the time being 10:01 a.m. Committee Reports COMMITTEE ATTENDANCE REPORT he Conference Committee on Road Funding (HB 4612) submitted the following: T Meeting held on Wednesday, August, 19, 2015, at 9:00 a.m., Room 426, Capitol Building Present: Senators Hansen, Shirkey and Hood COMMITTEE ATTENDANCE REPORT he Conference Committee on Road Funding (HB 4613) submitted the following: T Meeting held on Wednesday, August, 19, 2015, at 9:05 a.m., Room 426, Capitol Building Present: Senators Hansen, Shirkey and Hood COMMITTEE ATTENDANCE REPORT he Conference Committee on Road Funding (HB 4615) submitted the following: T Meeting held on Wednesday, August, 19, 2015, at 9:10 a.m., Room 426, Capitol Building Present: Senators Hansen, Shirkey and Hood Scheduled Meetings Criminal Justice Policy Commission - Wednesday, September 2, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212) Energy and Technology - Wednesday, August 26, 10:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) 1402 JOURNAL OF THE SENATE [August 25, 2015] [No. 73 The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, August 26, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 74 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, August 26, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. Pursuant to rule 1.205, the President, Lieutenant Governor Calley, adjourned the Senate, the time being 10:01 a.m. Scheduled Meetings Criminal Justice Policy Commission - Wednesday, September 2, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212) The President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, August 27, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1404 No. 75 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, August 27, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. Pursuant to rule 1.205, the President, Lieutenant Governor Calley, adjourned the Senate, the time being 10:01 a.m. Committee Reports COMMITTEE ATTENDANCE REPORT he Committee on Energy and Technology submitted the following: T Meeting held on Wednesday, August 26, 2015, at 10:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Nofs (C), Proos, Horn, Schuitmaker, Hune, Shirkey, Zorn, Hopgood, Knezek and Bieda Scheduled Meetings Criminal Justice Policy Commission - Wednesday, September 2, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212) Energy and Technology - Wednesday, September 2, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373‑1721) The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, September 1, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1406 No. 76 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, September 1, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. Pursuant to rule 1.205, the President, Lieutenant Governor Calley, adjourned the Senate, the time being 10:01 a.m. Scheduled Meetings Criminal Justice Policy Commission - Wednesday, September 2, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212) Energy and Technology - Wednesday, September 2, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Senate Fiscal Agency Board of Governors - Thursday, September 24, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, September 2, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1408 No. 77 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, September 2, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. Pursuant to rule 1.205, the President, Lieutenant Governor Calley, adjourned the Senate, the time being 10:01 a.m. Scheduled Meetings Appropriations Subcommittee K-12, School Aid, Education and House School Aid Appropriations Sub­com­mittee - Wednesday, September 16, 8:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Senate Fiscal Agency Board of Governors - Thursday, September 24, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) The President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, September 3, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1410 No. 78 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, September 3, 2015. 10:00 a.m. Pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate. In the absence of all Senators, pursuant to Joint Rule 15, the Secretary of the Senate adjourned the Senate, the time being 10:01 a.m. Committee Reports COMMITTEE ATTENDANCE REPORT he Committee on Energy and Technology submitted the following: T Meeting held on Wednesday, September 2, 2015, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Nofs (C), Proos, Horn, Schuitmaker, Hune, Shirkey, Zorn, Hopgood, Knezek and Bieda Scheduled Meetings Appropriations Subcommittee K-12, School Aid, Education and House School Aid Appropriations Subcom­mittee - Wednesday, September 16, 8:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Outdoor Recreation and Tourism - Wednesday, September 9, 12:30 p.m., Room 110, Farnum Building (373-1721) Senate Fiscal Agency Board of Governors - Thursday, September 24, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Transportation - Thursday, September 10, 8:30 a.m., Room 210, Farnum Building (373-5323) The Secretary of the Senate declared the Senate adjourned until Tuesday, September 8, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1412 No. 79 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, September 8, 2015. 10:00 a.m. Pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate. In the absence of all Senators, pursuant to Joint Rule 15, the Secretary of the Senate adjourned the Senate, the time being 10:01 a.m. Scheduled Meetings Appropriations Subcommittee K-12, School Aid, Education and House School Aid Appropriations Subcom­mittee - Wednesday, September 16, 8:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Insurance - Wednesday, September 9, 2:00 p.m., Room 100, Farnum Building (373-5312) Outdoor Recreation and Tourism - Wednesday, September 9, 12:30 p.m., Room 110, Farnum Building (373-1721) Senate Fiscal Agency Board of Governors - Thursday, September 24, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Transportation - Thursday, September 10, 8:30 a.m., Room 210, Farnum Building (373-5323) The Secretary of the Senate declared the Senate adjourned until Wednesday, September 9, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1414 No. 80 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, September 9, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1416 JOURNAL OF THE SENATE [September 9, 2015] [No. 80 abbi Mark Miller of Temple Beth El of Bloomfield Hills offered the following invocation: R Our God and God of all generations and of all people, we raise our voices to You with gratitude for all the gifts that bring meaning and purpose into our lives. Grant strength, wisdom, discernment, and joy upon our State Senators and those who surround them, so that they may defend our interests, further our hopes, and inspire our participation in working toward common goals. May they be protected in their coming and their going. Help them remember the moral virtue of their task. Grant them abundant peace, that it may spread across our great land. May it be God’s will. And let us all together say, Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Nofs entered the Senate Chamber. enator Kowall moved that Senators Casperson and Stamas be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. Senator Stamas entered the Senate Chamber. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:05 a.m. 10:48 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator Casperson entered the Senate Chamber. By unanimous consent the Senate proceeded to the order of Messages from the House House Bill No. 4612, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2012 PA 498. The House of Representatives has non-concurred in the Senate substitute (S-2) and appointed Reps. Cotter, Pscholka and Lane as conferees. The message was referred to the Secretary for record. House Bill No. 4613, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of No. 80] [September 9, 2015] JOURNAL OF THE SENATE 1417 funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 10, 11, 12, 13, and 14 (MCL 247.660, 247.661, 247.662, 247.663, and 247.664), section 10 as amended by 2007 PA 210, section 11 as amended by 2002 PA 639, sections 12 and 13 as amended by 2012 PA 298, and section 14 as amended by 1987 PA 234. The House of Representatives has non-concurred in the Senate substitute (S-3) and appointed Reps. Cotter, Pscholka and Lane as conferees. The message was referred to the Secretary for record. House Bill No. 4615, entitled A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending sections 2, 3, 8, 22, 40, 45, 53, 63, 122, 151, 152, 153, 154, and 155 (MCL 207.1002, 207.1003, 207.1008, 207.1022, 207.1040, 207.1045, 207.1053, 207.1063, 207.1122, 207.1151, 207.1152, 207.1153, 207.1154, and 207.1155), sections 2 and 122 as amended by 2002 PA 668, section 3 as amended by 2006 PA 277, and section 8 as amended by 2006 PA 268. The House of Representatives has non-concurred in the Senate substitute (S-4) and appointed Reps. Cotter, Pscholka and Lane as conferees. The message was referred to the Secretary for record. By unanimous consent the Senate returned to the order of Motions and Communications Senator Young entered the Senate Chamber. The following communications were received and read: Office of the Senate Majority Leader July 2, 2015 ursuant to Senate Rule 2.104(c), I am requesting that the Senate Appropriations Committee hold a hearing on the appoint­ P ment of Heidi Washington as Director of the Michigan Department of Corrections, and make written recom­menda­tions to the Government Operations Committee on this appointment. July 2, 2015 ursuant to Senate Rule 2.104(c), I am requesting that you hold a joint hearing of the Senate Banking and Insurance P Com­mittees on the appointment of Patrick McPharlin as the Director of the Department of Insurance and Financial Services, and make written recommendations to the Government Operations Committee on this appointment. July 16, 2015 ursuant to Senate Rule 2.104(c), I am requesting that the Senate Health Policy Committee hold a hearing on the P appoint­ment of Thomas Mittelbrun to the Certificate of Need Commission, and make written recommendations to the Government Operations Committee on this appointment. July 28, 2015 ursuant to Senate Rule 2.104(c), I am requesting that the Senate Energy and Technology Committee hold a hearing P on the appointment of Norman Saari as Commissioner of the Michigan Public Service Commission, and make written recommendations to the Government Operations Committee on this appointment. Sincerely, Arlan Meekhof, Chairman Government Operations Committee The communications were referred to the Secretary for record. 1418 JOURNAL OF THE SENATE [September 9, 2015] The following communications were received and read: Office of the Senate Majority Leader I would like Senate Bills 425 and 426 re-referred to the Senate Committee on Commerce. If you have any questions regarding this matter, please do not hesitate to contact me. [No. 80 July 14, 2015 August 19, 2015 ursuant to MCL 769.32a, I appoint the following members to the Criminal Justice Policy Commission: P Senator Patrick Colbeck Senator Bert Johnson August 20, 2015 ursuant to MCL 484.1713(1)(i), I am making the following appointment to the State 9-1-1 Committee (SNC): P Ms. April Heinze of 10376 Lawrence Highway, Vermontville, Michigan 49096, county of Eaton. If you have any questions, please contact Jennifer Dettloff in my office at (517) 373-6920. Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communications were referred to the Secretary for record. The following communications were received and read: Office of the Senate Majority Leader August 18, 2015 ursuant to Joint Rule 3, the House of Representatives having non-concurred in the Senate substitute (S-2) to House P Bill 4612, I appoint the following members to sit on the conference committee: Senator Goeff Hansen Senator Mike Shirkey Senator Morris Hood If you have any questions regarding this matter, please do not hesitate to contact me. August 18, 2015 ursuant to Joint Rule 3, the House of Representatives having non-concurred in the Senate substitute (S-3) to House P Bill 4613, I appoint the following members to sit on the conference committee: Senator Goeff Hansen Senator Mike Shirkey Senator Morris Hood If you have any questions regarding this matter, please do not hesitate to contact me. August 18, 2015 ursuant to Joint Rule 3, the House of Representatives having non-concurred in the Senate substitute (S-4) to House P Bill 4615, I appoint the following members to sit on the conference committee: Senator Goeff Hansen Senator Mike Shirkey Senator Morris Hood If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communications were referred to the Secretary for record. The following communications were received and read: Office of the Auditor General nclosed is a copy of the following audit report: E Performance audit report on Prisoner Medical, Dental, and Optical Services, Department of Corrections. July 2, 2015 No. 80] [September 9, 2015] JOURNAL OF THE SENATE 1419 July 6, 2015 nclosed is a copy of the following Preliminary Survey Summary: E Consultant Procurement Process, Michigan Department of Transportation. July 15, 2015 nclosed is a copy of the following audit report: E Performance audit report on Oil and Gas Management, Department of Natural Resources. July 15, 2015 nclosed is a copy of the following Preliminary Survey Summary: E Thumb Correctional Facility, Department of Corrections. July 20, 2015 nclosed is a copy of the following audit report: E Performance audit report on the Office of Collections, Department of Treasury. July 30, 2015 nclosed is a copy of the following audit report: E Financial audit of the Emergency 9-1-1 Fund, Michigan Department of State Police and Department of Treasury, for the fiscal years ended September 30, 2014 and September 30, 2013. August 10, 2015 nclosed is a copy of the following Preliminary Survey Summary: E Safety and Security Administration, Michigan Department of Transportation. September 4, 2015 nclosed is a copy of the following Preliminary Survey Summary: E Bureau of Transportation Planning, Michigan Department of Transportation. September 4, 2015 nclosed is a copy of the following audit report: E Performance audit report on the Regulation of Nursing Homes, Department of Licensing and Regulatory Affairs. September 4, 2015 nclosed is a copy of the following audit report: E Performance audit report on Selected Community Health-Related Contracts and Grants, Michigan Department of Health and Human Services. Sincerely, Doug Ringler Auditor General The audit reports and preliminary survey summaries were referred to the Committee on Government Operations. The following communications were received: State Budget Office June 30, 2015 his letter transmits the “Statement of the Proportion of Total State Spending From State Sources Paid to Units of T Local Government - Legal Basis” for fiscal year 2014, which has been prepared in accordance with Sections 18.1115(5), 18.1303-18.1305, 18.1349, 18.1350, 18.1497, and 18.1498 of the Michigan Compiled Laws for the purpose of demon­ strating compliance with Article 9, Section 30 of the Michigan Constitution. The computed percentage of total state spending from state sources paid to local governments for fiscal year 2014 is 55.48%, which is $1.8 billion more than the minimum required. The statement has been reviewed by the Office of the Auditor General and a copy of their independent accountant’s review letter is enclosed. If you have questions regarding this report, please contact Mr. Michael J. Moody, Director, Office of Financial Manage­ ment, at 373-1010. 1420 JOURNAL OF THE SENATE [September 9, 2015] [No. 80 June 30, 2015 ransmitted under this cover is a schedule entitled “Statement of Revenue Subject to Constitutional Limitation - Legal T Basis.” The statement is submitted pursuant to Sections 18.1350(a) through 18.1350(e) of the Michigan Compiled Laws for the purpose of demonstrating compliance with Article 9, Sections 26 and 33 of the Michigan Constitution for the fiscal year 2014. The statement has been reviewed by the Office of the Auditor General and a copy of the independent accountant’s review is enclosed. If you have questions regarding this report, please contact Mr. Michael J. Moody, Director, Office of Financial Manage­ ment, at 373-1010. Sincerely, John S. Roberts State Budget Director The communications were referred to the Secretary for record. The following communication was received: Office of Senator Jim Ananich July 1, 2015 er Senate Rule 1.110(c), I am requesting that my name be added immediately as a co‑sponsor to Senate Resolution 75, P which was introduced on June 30, 2015, by Senator Bertram Johnson and is currently in the Senate Committee on Judiciary. If you have any questions, please feel free to contact my office. Thank you. Sincerely, Jim Ananich, 27th District Senate Minority Leader The communication was referred to the Secretary for record. The following communication was received: Office of Senator Tom Casperson July 1, 2015 y way of this letter, I am formally asking that I be immediately removed as a co‑sponsor of Senate Bills 279 and 280, B both of which are sponsored by Senator Marty Knollenberg. Of course, if you have any questions or concerns of me, please call on me anytime. Thank you. Sincerely, Tom Casperson State Senator, 38th District The communication was referred to the Secretary for record. The following communication was received: Department of State Police July 21, 2015 n behalf of the Board of Directors and staff of the Michigan Automobile Theft Prevention Authority (ATPA), it is a O pleasure to present our 2015 Biennial Insurance Report, which shows that auto thefts declined by 2.4 percent in 2013. Furthermore, since the inception of the ATPA in 1986, Michigan’s auto thefts have fallen from 72,021 vehicles stolen per year to 24,369 vehicles stolen, a decline of 66.2 percent. ATPA’s success in the battle against auto theft is the direct result of the dedication and efforts of the men and women who are a part of law enforcement agencies, prosecutor offices, and community organizations. These highly-motivated individuals go above and beyond the call of duty to recover stolen vehicles and to arrest those responsible for auto theft. Some specific highlights of the report are as follows: • Over the 27 years of ATPA’s existence (1986-2013), Michigan residents have paid $27 toward the cost of the ATPA program, yet have saved $787 in premiums. • In fiscal year (FY) 2014, ATPA teams made 1,976 arrests, and were involved in the recovery of 4,198 stolen vehicles and parts, with an estimated value of $36 million. • In FY 2014, the return on investment of ATPA funds was $6.46 for every $1 spent. I also want to thank the insurance company investigators who diligently identify fraudulent theft claims and provide that information to law enforcement. Companies who make auto theft a high priority by maintaining an investigative unit have greatly assisted in reducing the number of auto thefts, in addition to arresting vehicle owners who attempt to defraud No. 80] [September 9, 2015] JOURNAL OF THE SENATE 1421 their insurer, all of which contribute to a decrease in insurance costs. This commitment of private industry resources has greatly aided our efforts to reduce auto thefts in Michigan. Sincerely, Col. Kriste Kibbey Etue Director The communication was referred to the Secretary for record. The following communication was received: Office of the Attorney General July 31, 2015 ublic Act 183 of 2013 (the Student Safety Act) requires the Attorney General to file an Annual Report on July 31 of P each year. The Report is to outline the activities undertaken pursuant to the Act during the prior calendar year. The enclosed OK2SAY Annual Report provides detailed information on the steps taken in 2014 to implement the OK2SAY Program, along with the program results. Should you have any questions, please do not hesitate to contact me. Sincerely, Bill Schuette Attorney General The communication was referred to the Secretary for record. The following communication was received: Department of State Administrative Rules Notice of Filing August 5, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-034-EQ (Secretary of State Filing #15-08-01) on this date at 3:17 p.m. for the Department of Environmental Quality, entitled “Site Reclamation Grant/Loan Program.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communication was referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, August 19: House Bill Nos. 4248 4249 4250 The Secretary announced that the following House bills were received in the Senate and filed on Thursday, August 20: House Bill Nos. 4501 4709 4710 4711 The Secretary announced the enrollment printing and presentation to the Governor on Friday, July 10, for his approval the following bills: Enrolled Senate Bill No. 69 at 3:05 p.m. Enrolled Senate Bill No. 166 at 3:07 p.m. Enrolled Senate Bill No. 165 at 3:09 p.m. The Secretary announced that the following bills were printed and filed on Wednesday, July 1, and are available at the Michigan Legislature website: Senate Bill Nos. 419 420 421 422 423 424 1422 JOURNAL OF THE SENATE [September 9, 2015] [No. 80 The Secretary announced that the following bills and joint resolution were printed and filed on Thursday, July 2, and are available at the Michigan Legislature website: Senate Bill Nos. 425 426 427 428 429 430 431 432 433 434 435 436 437 438 Senate Joint Resolution K The Secretary announced that the following bills and joint resolutions were printed and filed on Wednesday, July 15, and are available at the Michigan Legislature website: House Bill Nos. 4760 4761 4762 4763 4764 4765 4766 4767 4768 4769 4770 4771 4772 4773 4774 4775 4776 4777 4778 4779 4780 4781 4782 4783 4784 4785 4786 4787 4788 4789 4790 4791 4792 House Joint Resolutions Y Z The Secretary announced that the following bills and joint resolution were printed and filed on Wednesday, August 19, and are available at the Michigan Legislature website: House Bill Nos. 4793 4794 4795 4796 4797 4798 4799 4800 4801 4802 4803 4804 4805 4806 4807 4808 4809 4810 4811 4812 4813 4814 4815 4816 4817 4818 4819 4820 4821 4822 4823 4824 4825 4826 4827 4828 4829 House Joint Resolution AA The Secretary announced that the following bills were printed and filed on Thursday, August 20, and are available at the Michigan Legislature website: House Bill Nos. 4830 4831 4832 4833 4834 The Secretary announced that the following bills and joint resolution were printed and filed on Friday, August 21, and are available at the Michigan Legislature website: House Bill Nos. 4835 4836 4837 4838 4839 4840 4841 4842 4843 4844 4845 4846 House Joint Resolution BB Messages from the Governor The following messages from the Governor were received: Date: June 30, 2015 Time: 9:13 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 217 (Public Act No. 107), being An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” by amending sections 7dd and 7jj (MCL 211.7dd and 211.7jj[1]), section 7dd as amended by 2013 PA 44 and section 7jj as amended by 2013 PA 42. (Filed with the Secretary of State on June 30, 2015, at 1:42 p.m.) Date: June 30, 2015 Time: 9:15 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 108 (Public Act No. 108), being An act to amend 1989 PA 24, entitled “An act to provide for the establishment and maintenance of district libraries; to provide for district library boards; to define the powers and duties of certain state and local governmental entities; to No. 80] [September 9, 2015] JOURNAL OF THE SENATE 1423 prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 2 (MCL 397.172), as amended by 2005 PA 60. (Filed with the Secretary of State on June 30, 2015, at 1:44 p.m.) Date: July 15, 2015 Time: 11:04 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 165 (Public Act No. 126), being An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examina­ tion, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 624a, 657, 660, 662, 901, and 907 (MCL 257.624a, 257.657, 257.660, 257.662, 257.901, and 257.907), section 624a as amended by 2012 PA 306, sections 657 and 662 as amended by 2002 PA 494, section 660 as amended by 2006 PA 339, and section 907 as amended by 2014 PA 303, and by adding sections 518a and 625p. (Filed with the Secretary of State on July 15, 2015, at 4:42 p.m.) Date: July 15, 2015 Time: 11:06 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 166 (Public Act No. 127), being An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examina­ tion, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 33 (MCL 257.33), as amended by 2013 PA 36, and by adding section 7b. (Filed with the Secretary of State on July 15, 2015, at 4:44 p.m.) Date: July 22, 2015 Time: 9:56 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 69 (Public Act No. 130), being An act to amend 1966 PA 331, entitled “An act to revise and consolidate the laws relating to community colleges; to provide for the creation of community college districts; to provide a charter for such districts; to provide for the govern­ ment, control and administration of such districts; to provide for the election of a board of trustees; to define the powers and duties of the board of trustees; to provide for the assessment, levy, collection and return of taxes therefor; to authorize community college districts to operate a new jobs training program, enter into certain training agreements, and issue 1424 JOURNAL OF THE SENATE [September 9, 2015] [No. 80 bonds to finance the training program; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 161, 162, and 163 (MCL 389.161, 389.162, and 389.163), as added by 2008 PA 359. (Filed with the Secretary of State on July 22, 2015, at 1:54 p.m.) Respectfully, Rick Snyder Governor The following message from the Governor was received on September 3, 2015, and read: EXECUTIVE ORDER No. 2015-12 Creation of Pipeline Safety Advisory Board Michigan Department of Environmental Quality WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that he considers necessary for efficient administration; and WHEREAS, it is important that the state of Michigan ensure that oil and gas development and transportation is balanced with protecting public health, safety, and natural resources; and WHEREAS, the state of Michigan recognizes the importance of oil and gas development, transportation, and use in the state’s economy; and WHEREAS, state government leaders undertook an extensive review of the nexus between energy transmission and environmental protection with formation of the Michigan Petroleum Pipeline Task Force; and WHEREAS, a key finding of the task force was that effective coordination of state and local resources - including stake­holders in conservation and environment, oil and gas development, and transportation, and other state agencies dealing with energy production and transportation - is needed to provide necessary transparency and to implement other task force recommendations; and WHEREAS, establishment of a Pipeline Safety Advisory Board within the Michigan Department of Environmental Quality will advise and assist in the implementation of matters relating to hazardous liquid and gas pipeline safety, routing, construction, operation and maintenance, and provide recommendations for statutory, contractual, or procedural changes to improve the safety of pipelines in this state; NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I.  CREATION OF THE PIPELINE SAFETY ADVISORY BOARD A. The Pipeline Safety Advisory Board (the “Board”) is created as an advisory body to the Governor within the Michigan Department of Environmental Quality (the “Department”). B. The Board shall consist of the following 15 members who shall serve a term expiring on December 31, 2018. • The director of the Department of Environmental Quality, or his/her designee from within the Department of Environ­mental Quality; • The Attorney General, or his/her designee from within the Department of Attorney General; • The director of the Department of Natural Resources, or his/her designee from within the Department of Natural Resources; • The director of the Michigan State Police, or his/her designee from within the Department of State Police; • The executive director of the Michigan Agency for Energy, or his/her designee from within the Michigan Agency for Energy; • The chairperson of the Public Service Commission, or his/her designee from within the Public Service Commission; • An individual representing federal response and recovery agencies, or his/her designee from within that federal response and recovery agency, who shall be appointed by the Governor; • An individual representing an environmental group who shall be appointed by the Governor; • An individual representing a statewide conservation group who shall be appointed by the Governor; • An individual representing pipeline operators who shall be appointed by the Governor; • An individual representing the oil and gas industry who shall be appointed by the Governor; • An individual representing public universities who shall be appointed by the Governor; No. 80] [September 9, 2015] JOURNAL OF THE SENATE 1425 • An individual representing the hospitality and tourism industry who shall be appointed by the Governor; • A technical consultant with experience in pipeline operations and safety who shall be appointed by the Governor; and • An individual representing the public who shall be appointed by the Governor. C. A vacancy on the Board occurring other than by expiration of the term designated in section I.B. shall be filled in the same manner as the original appointment for the balance of the unexpired term. II.  CHARGE TO THE BOARD A. The Board shall act in an advisory capacity to the Governor and shall do all of the following: 1. Review and make recommendations for statutory, regulatory, and contractual implementation of the Michigan Petroleum Pipeline Task Force Report. 2. Identify areas of best practice in pipeline safety and siting across the United States that could be implemented in Michigan. 3. Review and make recommendations on state policies and procedures regarding emergency response and planning for pipelines. 4. Review and make recommendations on state policies and procedures regarding pipeline siting. 5. Review information submitted to the state in response to the Michigan Petroleum Pipeline Task Force Report. 6. Provide recommendations to increase transparency and public engagement on pipelines. B. As directed by the Department Director, Department staff shall assist the Board with establishment of policies and procedures regarding the use of grants and other funds. C. The Board shall provide other information or advice as requested by the Governor or the Department. III.  OPERATIONS OF THE BOARD A. The Board shall be staffed and assisted by personnel from the Department as directed by the Department Director. Any budgeting, procurement, and related management functions of the Board shall be performed under the direction and supervision of the Department Director. B. The Governor shall designate the Chairperson(s) of the Board. C. The Board may select from among its members a Vice Chairperson. D. The Board may select from among its members a Secretary. Board staff shall assist the Secretary with recordkeeping responsibilities. E. The Board may create committees and advisory panels from among its members to assist in policymaking recom­ mendations. F. A majority of the members of the Board serving constitutes a quorum for the transaction of the board’s business. The Board shall act in making its recommendations by a majority vote of its serving members. G. The Board shall adopt procedures consistent with Michigan law and this Order governing its organization and opera­ tions, and may establish committees and request public participation on advisory panels as the board deems necessary. The Board may adopt, reject, or modify any recommendations proposed by committees or advisory panels. H. The Board shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Board. I. In developing recommendations, the Board may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The Board may consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, organized labor, government agencies, and at institutions of higher education. J. Members of the Board shall serve without compensation but may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Michigan Civil Service Commission and the Department of Technology, Management and Budget, subject to available funding. K. The Board may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the board and the performance of its duties as the Department Director deems advisable and necessary, in accordance with this Order, and the relevant statutes, rules, and procedures of the Michigan Civil Service Commission and the Department of Technology, Management and Budget. L. The Board may accept donations of labor, services, or other things of value from any public or private agency or person. Any donations shall be expended in accordance with applicable laws, rules, and procedures. M. Members of the Board shall refer all legal, legislative, and media contacts to the Department. IV. MISCELLANEOUS A. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state may give to the Board, or to any member or representative of the Board, any necessary assistance required by the Board or any member or representative of the Board, in the performance of the duties of the Board so far as is compatible with its, his, or her duties. B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected by this Order shall not abate by reason of the taking effect of this Order. C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order. D. The Board shall dissolve on December 31, 2018, at the expiration of the term of office of Board members provided in section I.B. 1426 JOURNAL OF THE SENATE [September 9, 2015] [No. 80 This Executive Order shall become effective upon filing. Given under my hand and the Great Seal of the state of [SEAL] Michigan this 3rd day of September, in the Year of our Lord Two Thousand Fifteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. The following messages from the Governor were received and read: June 13, 2015 I respectfully submit to the Senate the following appointments to office: Board of Marriage and Family Therapy Richard S. Wampler of 6206 Oak Park Trail, Haslett, Michigan 48840, county of Ingham, representing licensed marriage and family therapists, succeeding himself, is reappointed for a term expiring June 30, 2019. Concha K. Allen of 1365 Sanborn Drive, DeWitt, Michigan 48820, county of Clinton, representing the general public, succeeding herself, is reappointed for a term expiring June 30, 2019. June 30, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Veterans Trust Fund Board of Trustees Edwin D. Fore of 22804 Park Drive, Dearborn, Michigan 48124, county of Wayne, representing the Marine Corps League, succeeding Jason Biber, is appointed for a term expiring February 25, 2017. July 2, 2015 I respectfully submit to the Senate the following appointment to office: Mackinac Island State Park Commission Marcia M. Brogan of 648 Woodland Street, Birmingham, Michigan 48909, county of Oakland, representing Independents, succeeding Karen Karam, is appointed for a term expiring April 12, 2021. July 2, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Board of Nursing Deborah S. Vendittelli of 22155 Antler Drive, Novi, Michigan 48375, county of Oakland, representing registered profes­ sional nurses with a master’s degree from an accredited college with a major in nursing engaged in nursing education in less than a baccalaureate program, succeeding Paula Hopper, is appointed for a term expiring June 30, 2019. Paula D. Hopper of 455 Oak Hills Drive, Concord, Michigan 49237, county of Jackson, representing professional registered nurses without a baccalaureate degree engaged in nursing practice or nursing administration, succeeding Roselyn Argyle, is appointed for a term expiring June 30, 2019. Patricia Harney of 1327 Moreland Street, Grand Haven, Michigan 49417, county of Ottawa, representing the general public, succeeding Mary Corrado, is appointed for a term expiring June 30, 2019. Kathy Bouchard-Wyant of 614 Camelot Drive, East Lansing, Michigan 48823, county of Ingham, representing professional registered nurses without a baccalaureate degree engaged in nursing practice or nursing administration, succeeding herself, is reappointed for a term expiring June 30, 2019. Ronald Basso of 2017 Ponozzo Road, Iron River, Michigan 49935, county of Iron, representing the general public, succeeding himself, is reappointed for a term expiring June 30, 2019. Cynthia L. Fenske of 4283 St. Andrew’s Way, Ann Arbor, Michigan 48103, county of Washtenaw, representing registered professional nurses with a master’s degree engaged in nursing education in a baccalaureate or higher program, succeeding herself, is reappointed for a term expiring June 30, 2019. July 2, 2015 I respectfully submit to the Senate the following appointments to office: Advisory Committee on Pain and Symptom Management Robert A. Maciolek of 48762 Adams Drive, Macomb, Michigan 48044, county of Macomb, representing the general public, succeeding Jody Kohn, is appointed for a term expiring July 1, 2017. Timothy B. Grunwald of 13354 Cone Street, Nunica, Michigan 49448, county of Ottawa, representing the Michigan Palliative Care Association, succeeding Lisa Ashley, is appointed for a term expiring July 1, 2017. No. 80] [September 9, 2015] JOURNAL OF THE SENATE 1427 Mohamad Maher Fakhouri of 2255 Grosvenor Avenue, West Bloomfield, Michigan 48323, county of Oakland, repre­sent­ ing the Wayne State University College of Medicine, succeeding Todd Lininger, is appointed for a term expiring July 1, 2017. Michael Chafty of 4136 Lakeside, Kalamazoo, Michigan 49008, county of Kalamazoo, representing Western Michigan University Homer Stryker MD School of Medicine, is appointed for a term expiring July 1, 2017. Robert Noiva of 1531 Stony Creek Drive, Rochester, Michigan 48307, county of Oakland, representing the Oakland University William Beaumont School of Medicine, succeeding himself, is reappointed for a term expiring July 1, 2017. Lisa K. Gigliotti of 2926 Marfitt Road, East Lansing, Michigan 48823, county of Ingham, representing chronic pain sufferers, succeeding herself, is reappointed for a term expiring July 1, 2017. Steven E. Roskos of 935 Longfellow Drive, East Lansing, Michigan 48823, county of Ingham, representing the Michigan State University College of Human Medicine, succeeding himself, is reappointed for a term expiring July 1, 2017. Lawrence L. Prokop of 5154 Curtice Road, Mason, Michigan 48854, county of Ingham, representing the Michigan State University College of Osteopathic Medicine, succeeding himself, is reappointed for a term expiring July 1, 2017. Ronald H. Bradley of 6182 Lounsbury Road, Williamston, Michigan 48895, county of Ingham, representing the Central Michigan University College of Medicine, succeeding himself, is reappointed for a term expiring July 1, 2017. Paul E. Hilliard of 3997 Preserve Drive, Dexter, Michigan 48130, county of Washtenaw, representing the University of Michigan School of Medicine, succeeding himself, is reappointed for a term expiring July 1, 2017. July 2, 2015 I respectfully submit to the Senate the following appointments to office: Saginaw Valley State University Board of Control Patrick K. McInnis of 8045 Locklin Lane, Commerce Township, Michigan 48382, county of Oakland, succeeding Jeffrey Martin, is appointed for a term commencing July 22, 2015, and expiring July 21, 2023. Vicki L. Rupp of 4399 Hackett Street, Saginaw, Michigan 48603, county of Saginaw, succeeding Jerome Yantz, is appointed for a term commencing July 22, 2015, and expiring July 21, 2023. July 2, 2015 I respectfully submit to the Senate the following appointments to office: State Employees’ Retirement System Board Laurie Hill of 7260 Clarksville, Portland, Michigan 48875, county of Ionia, representing retiree members of the retire­ ment system, succeeding Douglas Johnson, is appointed for a term expiring July 31, 2018. Matthew Fedorchuk of 4401 Oakwood Drive, Okemos, Michigan 48864, county of Ingham, representing employee members of the retirement system, succeeding himself, is reappointed for a term expiring July 31, 2018. July 2, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Strategic Fund Board of Directors Wayne H. Wood of 1511 Wood Road, Marlette, Michigan 48453, county of Sanilac, succeeding Jim Walsh, is appointed for a term expiring February 28, 2017. Daniel J. Boge of 1024 Pueblo Pass, Lake Isabella, Michigan 48893, county of Isabella, nominee of the Speaker of the House, is appointed for a term expiring at the pleasure of the Governor. July 10, 2015 I respectfully submit to the Senate the following appointments to office: Chair - Michigan Commission on Services to the Aging Dona J. Wishart of 524 W. Fourth Street, P.O. Box 2101, Gaylord, Michigan 49734, county of Otsego, is appointed for a term expiring at the pleasure of the Governor. ichigan Commission on Services to the Aging M Laura LaTosch of 715 W. Breckenridge Drive, Ferndale, Michigan 48220, county of Oakland, representing Democrats, succeeding Patricia Rencher, is appointed for a term expiring July 28, 2018. Dona J. Wishart of 524 W. Fourth Street, P.O. Box 2101, Gaylord, Michigan 49734, county of Gaylord, representing Republicans, succeeding Donald Newport, is appointed for a term expiring July 28, 2018. Sibyl Ellis of 140 Peachwood Lane, Mt. Pleasant, Michigan 48858, county of Isabella, representing Republicans, succeeding herself, is reappointed for a term expiring July 28, 2018. Renee Reid-Smith of 626 Topinabee Road, Niles, Michigan 49120, county of Berrien, representing Republicans, succeeding herself, is reappointed for a term expiring July 28, 2018. Donna L. Murray-Brown of 14719 Abington Avenue, Detroit, Michigan 48227, county of Wayne, representing Independents, succeeding herself, is reappointed for a term expiring July 28, 2018. 1428 JOURNAL OF THE SENATE [September 9, 2015] [No. 80 July 10, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Women’s Commission Cathleen M. Knauf of 2699 Lake Bluff Terrace, St. Joseph, Michigan 49085, county of Berrien, succeeding herself, is reappointed for a term expiring July 15, 2018. Deidre A. Lambert-Bounds of 19308 Greenwald Street, Southfield, Michigan 48075, county of Oakland, succeeding herself, is reappointed for a term expiring July 15, 2018. Janice M. Nearon of 22601 Lange Street, St. Clair Shores, Michigan 48080, county of Macomb, succeeding herself, is reappointed for a term expiring July 15, 2018. Renee L. Haley of 2262 West Lily Lake Road, Harrison, Michigan 48625, county of Clare, succeeding herself, is reappointed for a term expiring July 15, 2018. July 13, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Appellate Defender Commission Judith S. Gracey of 2961 Peterboro Drive, West Bloomfield, Michigan 48323, county of Oakland, representing the State Bar of Michigan, succeeding herself, is reappointed for a term expiring May 24, 2019. Thomas W. Cranmer of 4739 Sandpiper Lane, West Bloomfield, Michigan 48323, county of Oakland, representing the Supreme Court, succeeding himself, is reappointed for a term expiring May 24, 2019. Thomas G. McNeill of 493 Lakeland Street, Grosse Pointe, Michigan 48230, county of Wayne, representing the Supreme Court, succeeding himself, is reappointed for a term expiring May 24, 2019. July 13, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Board of Athletic Trainers Amber S. Dopp of 303 E. Isabella Street, Midland, Michigan 48640, county of Midland, representing the general public, succeeding William Bupp, is appointed for a term expiring June 30, 2019. July 13, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Board of Audiology Paul R. Kileny of 2344 Dundee Drive, Ann Arbor, Michigan 48103, county of Washtenaw, representing professional members, succeeding himself, is reappointed for a term expiring June 30, 2019. Thomas E. O’Connor of 1518 Drexel Road, Lansing, Michigan 48915, county of Ingham, representing professional members, succeeding himself, is reappointed for a term expiring June 30, 2019. July 13, 2015 I respectfully submit to the Senate the following appointments to office: Chair - Commission on Community Action and Economic Opportunity Jill L. Edwards-Sutton of 8500 Chippewa Trail, Mt. Pleasant, Michigan 48858, county of Isabella, is appointed for a term expiring at the pleasure of the Governor. ommission on Community Action and Economic Opportunity C James Borchard of 6 Kraft Court, Frankenmuth, Michigan 48734, county of Saginaw, representing elected public officials, succeeding Anne Armstrong Cusack, is appointed for a term expiring June 21, 2017. Marcel M. Wilson of 120 Parsons Street, Detroit, Michigan 48201, county of Wayne, representing the private sector, succeeding Shue-Jane Gallagher, is appointed for a term expiring June 21, 2018. Jessica M. Taylor of 18707 Forrer Street, Detroit, Michigan 48235, county of Wayne, representing low-income persons, succeeding herself, is reappointed for a term expiring June 21, 2018. Jacob R. Maas of 1002 S. Ottillia Street, S.E., Grand Rapids, Michigan 49507, county of Kent, representing community action agencies, succeeding himself, is reappointed for a term expiring June 21, 2018. Robert N. Scolnik of 4460 Cherrywood Court, Norton Shores, Michigan 49441, county of Muskegon, representing elected public officials, succeeding himself, is reappointed for a term expiring June 21, 2018. July 13, 2015 lease be advised of the following appointments to office: P Chair - State Fire Safety Board Dean J. Mallos of 260 S. Train Lane, Marquette, Michigan 49855, county of Marquette, is appointed for a term expiring at the pleasure of the Governor. No. 80] [September 9, 2015] JOURNAL OF THE SENATE 1429 tate Fire Safety Board S Dave R. Piche of 9300 Mandon Road, White Lake, Michigan 48386, county of Oakland, representing fire departments in the Lower Peninsula, succeeding Leslie Rodwell, is appointed for a term expiring July 15, 2019. Lynn Artman of 42796 Lakeshore Drive, Chassell, Michigan 49916, county of Houghton, representing professional engineers, succeeding Ralph Hodek, is appointed for a term expiring July 15, 2019. Andrew R. Lenaghan of 23034 Arlington Street, Dearborn, Michigan 48128, county of Wayne, representing fire depart­ ments in the Lower Peninsula, succeeding himself, is reappointed for a term expiring July 15, 2019. John E. Enkemann of 19517 Cardene Way, Northville, Michigan 48167, county of Wayne, representing architects, succeeding himself, is reappointed for a term expiring July 15, 2019. Kassandra L. Renneberg of 6707 Lumberjack Road, Riverdale, Michigan 48877, county of Gratiot, representing people who own a place of public assemblage, succeeding herself, is reappointed for a term expiring July 15, 2019. Amy R. Hodgson of 1678 S. Clark Road, Dansville, Michigan 48819, county of Ingham, representing members who are of a statewide association representing school board members or school administrators, succeeding William Mayes, is appointed for a term expiring July 15, 2017. July 13, 2015 I respectfully submit to the Senate the following appointment to office: Board of Law Examiners Jeffery V. Stuckey of 1087 Nautical Drive, Okemos, Michigan 48864, county of Ingham, succeeding Gerald Marcinkoski, is appointed for a term expiring June 30, 2020. July 13, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Board of Nursing Home Administrators Jana L. Broughton of 3372 Pine Meadow Drive, Grand Rapids, Michigan 49512, county of Kent, representing nursing home administrators, succeeding Pam Ditri, is appointed for a term expiring June 30, 2019. Margaret A. Chatti of 1302 Fairoaks Court, East Lansing, Michigan 48823, county of Ingham, representing nursing home administrators, filling a vacancy, is appointed for a term expiring June 30, 2016. July 13, 2015 I respectfully submit to the Senate the following appointment to office: State Plumbing Board Daniel A. Nixon of 42502 Freeport Drive, Sterling Heights, Michigan 48313, county of Macomb, representing licensed journeyman plumbers, succeeding himself, is reappointed for a term expiring June 30, 2018. July 13, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Board of Podiatric Medicine and Surgery Amy E. Kaufman of 747 Clubhouse Drive, Ypsilanti, Michigan 48197, county of Washtenaw, representing physician’s assistants, succeeding Joni James, is appointed for a term expiring June 30, 2019. Kevan R. Kreitman of 1409 Pierce Street, Birmingham, Michigan 48009, county of Oakland, representing professionals, succeeding himself, is reappointed for a term expiring June 30, 2019. Cyrus Farrehi of 8398 Old Plank Road, Grand Blanc, Michigan 48439, county of Genesee, representing the general public, succeeding himself, is reappointed for a term expiring June 30, 2019. July 13, 2015 I respectfully submit to the Senate the following appointment to office: Board of Real Estate Appraisers Chelsea M. Knauf of 940 Monroe Avenue, N.W., #530, Grand Rapids, Michigan 49503, county of Kent, representing the general public, succeeding Patrica Kelly, is appointed for a term expiring June 30, 2018. July 13, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Board of Real Estate Brokers and Salespersons Matthew A. Davis of 708 Wright Lane, Marshall, Michigan 49068, county of Calhoun, representing real estate brokers and salespersons, succeeding himself, is reappointed for a term expiring June 30, 2019. James D. Lance of 90 Guest Street, Battle Creek, Michigan 49017, county of Calhoun, representing the general public, succeeding himself, is reappointed for a term expiring June 30, 2019. 1430 JOURNAL OF THE SENATE [September 9, 2015] [No. 80 July 13, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Board of Speech Language Pathology Sarah A. Clement of 1108 Hungerford Avenue, Negaunee, Michigan 49866, county of Marquette, representing profes­ sionals, succeeding Mary Purtee, is appointed for a term expiring December 31, 2017. July 17, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Veterans Facilities Board of Managers Paul Mead of 2724 Old Barn Road, Traverse City, Michigan 49685, county of Grand Traverse, representing other congres­sionally-chartered veterans’ organizations, succeeding Mary Wilseck, is appointed for a term expiring February 28, 2018. Ronald R. Schrieber of 513 Jefferson Boulevard, Roscommon, Michigan 49653, county of Roscommon, representing disabled American veterans, succeeding Gerald N. Cool, is appointed for a term expiring February 28, 2018. July 20, 2015 I respectfully submit to the Senate the following appointments to office: Board of Boiler Rules Lucas M. Liedel of 3303 Crandall Road, Howell, Michigan 48855, county of Livingston, representing mechanical con­ tractors in the state with experience in installation, piping, operations, or repair of boilers, succeeding James Federighe, is appointed for a term expiring June 30, 2019. Robert D. Hutsell of 3336 Gertrude Street, Dearborn, Michigan 48124, county of Wayne, representing organized labor in the state and engaged in the design, erection, fabrication, installation, operation, repair, or inspection of boilers, succeeding himself, is reappointed for a term expiring June 30, 2019. James B. Lewis of 7130 N. Foxmoore Court, Jackson, Michigan 49201, county of Jackson, representing the general public, succeeding himself, is reappointed for a term expiring June 30, 2019. July 20, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Truck Safety Commission Robert W. Ramels of W8085 Collins Road, Iron Mountain, Michigan 49801, county of Dickinson, representing the general public, succeeding himself, is reappointed for a term expiring August 4, 2017. Walter G. Heinritzi of 1520 Lotipac Place, Lansing, Michigan 48917, county of Eaton, representing the Michigan Trucking Association, succeeding himself, is reappointed for a term expiring August 4, 2017. Daniel F. Blower of 1112 Grant Street, Ypsilanti, Michigan 48197, county of Washtenaw, representing four-year colleges, succeeding himself, is reappointed for a term expiring August 4, 2017. David S. Goller of 7301 Northland Drive, Rockford, Michigan 49341, county of Kent, representing organized labor, succeeding himself, is reappointed for a term expiring August 4, 2017. Thomas W. O’Brien of 6748 Lake Drive, Fremont, Michigan 49412, county of Newaygo, representing community colleges, succeeding himself, is reappointed for a term expiring August 4, 2017. Sharon J. Conklin of 5425 Easthill Court, N.E., Comstock Park, Michigan 49321, county of Kent, representing private motor carriers, succeeding herself, is reappointed for a term expiring August 4, 2017. Timothy J. Yungfer of 15374 Classic Drive, Bath, Michigan 48808, county of Clinton, representing the general public, succeeding himself, is reappointed for a term expiring August 4, 2017. July 21, 2015 I respectfully submit to the Senate the following appointment to office: Commissioner - Michigan Public Service Commission Norman J. Saari of 6160 Park Lake Road, East Lansing, Michigan 48823, county of Ingham, a Republican, succeeding Greg R. White, is appointed for a term commencing August 2, 2015, and expiring July 2, 2021. July 27, 2015 I respectfully submit to the Senate the following appointment to office: Mackinac Island State Park Commission Daniel Loepp of 582 Pierce Street, Birmingham, Michigan 48009, county of Oakland, representing Democrats, succeeding Frank Kelley, is appointed for a term expiring April 12, 2021. August 13, 2015 I respectfully submit to the Senate the following appointment to office: State Building Authority Board of Trustees Linda M. Orlans of 810 Pierce Street, Birmingham, Michigan 48009, county of Oakland, succeeding herself, is reappointed for a term expiring August 21, 2019. No. 80] [September 9, 2015] JOURNAL OF THE SENATE 1431 August 14, 2015 I respectfully submit to the Senate the following appointment to office: Great Lakes Protection Fund Board of Directors Patricia Glaza of 1724 Bonnieview Drive, Royal Oak, Michigan 48073, county of Oakland, succeeding herself, is reappointed for a term expiring October 11, 2016. August 14, 2015 lease be advised of the following appointment to office: P Natural Resources Trust Fund Board Steven K. Hamp of 1520 Harding Road, Ann Arbor, Michigan 48104, county of Washtenaw, succeeding himself, is reappointed for a term expiring October 1, 2019. August 17, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Council for Arts and Cultural Affairs Michael F. Kasper of 95823 Wildwood Drive, Dowagiac, Michigan 49047, county of Van Buren, succeeding himself, is reappointed for a term expiring September 1, 2019. Pamella G. DeVos of 600 Steketee Road, N.E., Ada, Michigan 49301, county of Kent, succeeding herself, is reappointed for a term expiring September 1, 2019. William O. Rush of 3775 Greenbrier Boulevard, Apt. 236A, Ann Arbor, Michigan 48105, county of Washtenaw, succeeding himself, is reappointed for a term expiring September 1, 2019. Ritch C. Branstrom of 9233 Co. 513 Road, Rapid River, Michigan 49878, county of Delta, succeeding himself, is reappointed for a term expiring September 1, 2019. Frederick L. Davies of 319 S. Bowen Street, Jackson, Michigan 49203, county of Jackson, succeeding himself, is reappointed for a term expiring September 1, 2019. August 17, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Carrot Commission Richard Oomen of 2211 E. Minke Road, Hart, Michigan 49420, county of Oceana, representing process growers, succeeding himself, is reappointed for a term expiring October 31, 2016. Ryan P. Malburg of 936 W. Jackson Road, Hart, Michigan 49420, county of Oceana, representing fresh growers, succeeding himself, is reappointed for a term expiring October 31, 2016. Stanley D. Van Singel of 11671 Sycamore Avenue, Grant, Michigan 49327, county of Newaygo, representing fresh growers, succeeding himself, is reappointed for a term expiring October 31, 2017. Ralph J. Oomen of 1736 E. Jackson Road, Hart, Michigan 49420, county of Oceana, representing process growers, succeeding himself, is reappointed for a term expiring October 31, 2017. August 17, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Collection Practices Board Rebecca L. Roberts of 1711 N. Sutton Road, Jackson, Michigan 49202, county of Jackson, representing professionals, succeeding Beth Rowe, is appointed for a term expiring June 30, 2019. Jennifer Willis Dietrich of 2248 Pleasant Valley Drive, Brighton, Michigan 48118, county of Livingston, representing professionals, succeeding herself, is reappointed for a term expiring June 30, 2019. Jeanne M. Roth of 5082 Birch Tree Court, Grand Blanc, Michigan 48439, county of Genesee, representing the general public, succeeding herself, is reappointed for a term expiring June 30, 2019. August 17, 2015 I respectfully submit to the Senate the following appointment to office: Governor’s Task Force on Child Abuse and Neglect Melinda N. Deel of 704 Bliss Drive, Rochester Hills, Michigan 48307, county of Oakland, representing child advocates, succeeding Terrance Gilsenan, is appointed for a term expiring December 31, 2016. August 17, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Economic Development Corporation Executive Committee David Washburn of 1038 Applegate Lane, East Lansing, Michigan 48823, county of Ingham, representing public agencies, succeeding Stephen Forrest, is appointed for a term expiring April 5, 2020. 1432 JOURNAL OF THE SENATE [September 9, 2015] [No. 80 August 17, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Education Trust Board of Directors Glenn D. Mroz of 18970 Canal Road, Houghton, Michigan 49931, county of Houghton, representing presidents of state institutions of higher education, succeeding Susan Martin, is appointed for a term expiring December 31, 2015. August 17, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Travel Commission Charles F. Burns of 50680 Glades Court East, Novi, Michigan 48374, county of Oakland, succeeding Susan Sherer, is appointed for a term expiring August 20, 2018. Sammie K. Lukaskiewicz of 10025 Pheasant Crossing, Jackson, Michigan 49201, county of Jackson, succeeding Roger Curtis, is appointed for a term expiring August 20, 2019. Michael M. Busley of 3549 Lookout Point, Traverse City, Michigan 49686, county of Grand Traverse, succeeding himself, is reappointed for a term expiring August 20, 2019. Jon R. Nunn of 143 Lafayette, N.E., Grand Rapids, Michigan 49503, county of Kent, succeeding himself, is reappointed for a term expiring August 20, 2019. August 17, 2015 I respectfully submit to the Senate the following appointments to office: Underwater Salvage and Preserve Committee Robert M. Campau of 822 Westlawn, East Lansing, Michigan 48823, county of Ingham, representing the general public, succeeding Gail Vander Stoep, is appointed for a term expiring August 17, 2016. Brian Abbott of 9785 Coleman Road, Haslett, Michigan 48840, county of Ingham, representing members of the general public with experience in recreational scuba diving, succeeding Peter Lindquist, is appointed for a term expiring August 17, 2016. James D. Nowka of 2152 Red School Road, Brutus, Michigan 49716, county of Emmet, representing members of the general public with experience in recreational scuba diving, succeeding Peggy Kurpinski, is appointed for a term expiring August 17, 2016. August 17, 2015 I respectfully submit to the Senate the following appointments to office: Michigan State Waterways Commission Dennis W. Nickels of 17021 Foxchase Circle, Grand Haven, Michigan 49417, county of Ottawa, representing the general public, succeeding himself, is reappointed for a term expiring September 18, 2018. Dennis L. Grinold of 1134 Northridge Court, Lansing, Michigan 48917, county of Eaton, representing the general public, succeeding himself, is reappointed for a term expiring September 18, 2018. Ward H. Walstrom, Jr., of 7181 Hughston Road, Harbor Springs, Michigan 49740, county of Emmet, representing persons residing north of townline 16 in the Lower Peninsula, succeeding himself, is reappointed for a term expiring September 18, 2018. August 18, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Asparagus Marketing Advisory Board Victor L. Shank of 57424 Wilbur Hill Road, Dowagiac, Michigan 49047, county of Cass, representing Southwest Michigan growers, succeeding himself, is reappointed for a term expiring November 13, 2017. Ryan R. Walsworth of 3772 N. 48th Avenue, Mears, Michigan 49436, county of Oceana, representing growers-at-large, succeeding himself, is reappointed for a term expiring November 13, 2017. Thomas J. Oomen of 5182 N. 136th Avenue, Hart, Michigan 49420, county of Oceana, representing growers-at-large, succeeding himself, is reappointed for a term expiring November 13, 2017. Nicholas F. Oomen of 5405 N. 136th Avenue, Hart, Michigan 49420, county of Oceana, representing growers-at-large, succeeding Ken Oomen, is appointed for a term expiring November 13, 2017. Tracey L. Butler of 2169 S. 24th Avenue, Shelby, Michigan 49455, county of Oceana, representing growers-at-large, succeeding Harold Goodell, is appointed for a term expiring November 13, 2017. August 18, 2015 I respectfully submit to the Senate the following appointment to office: Governor’s Council on Physical Fitness, Health and Sports Thomas Goodwin of 5285 Swallow Avenue, Kalamazoo, Michigan 49009, county of Kalamazoo, representing the general public, succeeding Johnny Scott, is appointed for a term expiring April 30, 2016. No. 80] [September 9, 2015] JOURNAL OF THE SENATE 1433 August 20, 2015 I respectfully submit to the Senate the following appointments to office: Health Information Technology Commission Michael G. Chrissos of 415 Sumark Way, Ann Arbor, Michigan 48103, county of Washtenaw, representing doctors of medicine, succeeding Gregory Forzley, is appointed for a term expiring August 3, 2019. Randall E. Ritter of 8465 Cedar Hills Drive, Dexter, Michigan 48130, county of Washtenaw, representing the general public, succeeding Michael Chrissos, is appointed for a term expiring August 3, 2019. Orest J. Sowirka of 11120 Lorman Drive, Sterling Heights, Michigan 48312, county of Macomb, representing doctors of osteopathic medicine, succeeding himself, is reappointed for a term expiring August 3, 2019. September 3, 2015 I respectfully submit to the Senate the following appointments to office: Co-Chair - Pipeline Safety Advisory Board Dan Wyant of 614 Camelot Drive, East Lansing, Michigan 48823, county of Ingham, is appointed for a term expiring at the pleasure of the Governor. Valerie Brader of 1558 Newport Creek Drive, Ann Arbor, Michigan 48103, county of Washtenaw, is appointed for a term expiring at the pleasure of the Governor. ipeline Safety Advisory Board P Jerome A. Popiel of 514 Waterford Court, Avon Lake, Ohio 44012, county of Lorain, representing federal response and recovery agencies on behalf of Rear Admiral June Ryan, is appointed for a term expiring December 31, 2018. Jennifer McKay of 5689 Cherry Lane, Petoskey, Michigan 49770, county of Emmet, representing an environmental group, is appointed for a term expiring December 31, 2018. Michael Shriberg of 1473 Pine Valley Boulevard, Ann Arbor, Michigan 48104, county of Washtenaw, representing state­ wide conservation groups, is appointed for a term expiring December 31, 2018. Brad Shamla of 9787 Sky Lane, Eden Prairie, Minnesota 55347, representing pipeline operators, is appointed for a term expiring December 31, 2018. Craig O. Pierson of 1557 Gleneagles Drive, Bowling Green, Ohio 43402, representing the oil and gas industry, is appointed for a term expiring December 31, 2018. Christopher B. Shepler of 537 North Spring Street, Harbor Springs, Michigan 49740, county of Emmet, representing the hospitality and tourism industry, is appointed for a term expiring December 31, 2018. Jeffrey R. Pillon of 1875 Ann Street, East Lansing, Michigan 48823, county of Ingham, representing consultants with experience in pipeline operations and safety, is appointed for a term expiring December 31, 2018. Robert C. Hupp of 569 Notre Dame Drive, Grosse Pointe, Michigan 48230, county of Wayne, representing the general public, is appointed for a term expiring December 31, 2018. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Proos as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 384, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 43b (MCL 400.43b), as added by 2002 PA 573. Senate Bill No. 385, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 231 (MCL 750.231), as amended by 2006 PA 401. The bills were placed on the order of Third Reading of Bills. 1434 JOURNAL OF THE SENATE [September 9, 2015] [No. 80 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 274, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 719 (MCL 257.719), as amended by 2012 PA 282. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 349, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 78b and 78c (MCL 211.78b and 211.78c), as amended by 2003 PA 263. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 356, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 12, 1211, and 1260 (MCL 380.12, 380.1211, and 380.1260), section 12 as amended by 2013 PA 96, section 1211 as amended by 2012 PA 285, and section 1260 as amended by 1995 PA 289. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: Senate Bill No. 274 Senate Bill No. 349 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: Senate Bill No. 274, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 719 (MCL 257.719), as amended by 2012 PA 282. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 352 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg No. 80] [September 9, 2015] JOURNAL OF THE SENATE 1435 Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 349, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 78b and 78c (MCL 211.78b and 211.78c), as amended by 2003 PA 263. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 353 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 The motion prevailed. 1436 JOURNAL OF THE SENATE [September 9, 2015] [No. 80 enator Hertel offered the following resolution: S Senate Resolution No. 81. A resolution to commemorate the weekend of July 24, 2015, as Muscular Dystrophy Association (MDA)-Michigan Professional Fire Fighters Union Fill the Boot Weekend in Michigan. Whereas, Firefighters have long been America’s heroes who risk their lives for the safety and well-being of the com­ munities they serve; and Whereas, Firefighters have one of the most hazardous professions, requiring extensive training, strength, endurance, courage, and a selfless concern for the welfare of Michigan’s citizens; and Whereas, For over 60 years, the International Association of Fire Fighters (IAFF) has partnered with the Muscular Dystrophy Association (MDA) in the fight against neuromuscular diseases; and Whereas, Since 1954, IAFF members have shown an unwavering commitment to defeating muscular dystrophy and related life-threatening diseases; and Whereas, Due to their service and dedication to the MDA, firefighters from the Michigan Professional Fire Fighters Union have raised more than $4.1 million to find a cure to fight these neuromuscular diseases; and Whereas, Funds are raised primarily through MDA’s signature Fill the Boot campaign, in which member firefighters gather on streets across the country collecting money in their boots from neighbors and passersby; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate the weekend of July 24, 2015, as MDA-Michigan Professional Fire Fighters Union Fill the Boot Weekend in Michigan; and be it further Resolved, That this legislative body applauds the dedicated service and contribution firefighters provide to the residents of Michigan and the Muscular Dystrophy Association; and be it further Resolved, That copies of this resolution be transmitted to the Michigan Professional Fire Fighters Union and the Muscular Dystrophy Association as a token of our appreciation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Gregory, Hansen, Hopgood, Horn, MacGregor, Nofs, Proos, Schuitmaker and Warren were named co‑sponsors of the resolution. enator Nofs offered the following resolution: S Senate Resolution No. 82. A resolution to memorialize the United States Congress to support continued funding of the United States Department of Defense STARBASE youth science and technology program. Whereas, Early childhood access to science, technology, engineering, and mathematics (STEM) education opportunities are critical to our nation’s future as an economic and technological leader of the global marketplace; and Whereas, The STARBASE program utilizes military resources and technology not otherwise available to Michigan school districts to support STEM education; and Whereas, The program strives to motivate children to explore STEM-related opportunities and provides vital exposure for traditionally underrepresented communities to technology professions; and Whereas, Michigan is home to three successful STARBASE program locations based in Alpena, Battle Creek, and Mt. Clemens that annually serve more than 3,500 students; and Whereas, Michigan led the nation by pioneering the STARBASE concept as well as holding the original pilot programs; now, therefore, be it Resolved by the Senate, That we urge the United States Congress to preserve full funding and support for the United States Department of Defense STARBASE youth science and technology program; and be it further Resolved, That we strongly encourage the members of the Michigan congressional delegation to support this vital program by joining the recently established STARBASE Caucus; and be it further Resolved, That copies of this resolution be transmitted to the Majority Leader of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Gregory, Hansen, Hopgood, Horn, Proos and Schuitmaker were named co‑sponsors of the resolution. No. 80] [September 9, 2015] JOURNAL OF THE SENATE 1437 enator Bieda offered the following resolution: S Senate Resolution No. 83. A resolution to recognize and support the efforts of the Michigan Department of Agriculture and Rural Development to protect pollinators through constructing a Pollinator Protection Plan as outlined by the Environmental Protection Agency of the United States. Whereas, Michigan reigns as one of the most agriculturally diverse states in the country and relies on natural pollinators as well as pesticides to yield sizable harvests every year, which significantly contribute to the state’s economy; and Whereas, Insects such as bees act as natural pollinators of crops and other plant life throughout the state of Michigan and need to be protected in order to maintain healthy and profitable harvests and an ecological balance; and Whereas, Neonicotinoids and other chemical components found in commercial-grade pesticides can cause harm to pollinators when applied, especially when crops and plants are flowering; and Whereas, The Environmental Protection Agency (EPA) is aware of the harmful effects of neonicotinoids on pollinators and developed guidelines slated to be finalized at the end of July for the implementation of Pollinator Protection Plans specific to a state’s ecological needs and crop production; and Whereas, The Michigan Department of Agriculture and Rural Development’s own Brian Rowe, who serves as beekeeper and pesticide expert, made recommendations to the EPA to address pollinator protection; and Whereas, Brian Rowe and the Michigan Department of Agriculture and Rural Development spent two years preparing to formulate a Pollinator Protection Plan for the state of Michigan. Beginning in August and completed by December 2015, they will collaborate with researchers from Michigan State University, beekeepers, pesticide companies, agronomists, and farmers to develop the plan; now, therefore, be it Resolved by the Senate, That we support the efforts of Brian Rowe, the Michigan Department of Agriculture and Rural Development, and all collaborators to produce and implement a Pollinator Protection Plan for the state of Michigan, and we recognize the Department’s regulatory power to enforce protections across the state of Michigan; and be it further Resolved, That copies of this resolution be transmitted to Brian Rowe, the Michigan Department of Agriculture and Rural Development, and the Environmental Protection Agency. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Agriculture. The motion prevailed. Senators Gregory, Hansen, Hertel, Hopgood, Proos and Warren were named co‑sponsors of the resolution. enators Nofs, Proos and Horn offered the following resolution: S Senate Resolution No. 84. A resolution of tribute offered to honor Greg White upon the completion of his term on the Michigan Public Service Commission. Whereas, It is a great pleasure to extend this expression of our thanks and appreciation to Greg White for his longstanding commitment to public service and outstanding leadership on the Michigan Public Service Commission (MPSC); and Whereas, Commissioner White has provided expert testimony before the United States Congress, the Federal Energy Regulatory Commission, the U.S. Nuclear Regulatory Commission, the U.S. Nuclear Waste Technical Review Board, and the Michigan Legislature concerning energy supply, energy utilities, electric transmission, nuclear power, and telecom­ munications; and Whereas, Commissioner White serves on several committees of the National Association of Regulatory Utility Com­ mis­sioners, was a member of the Board of Directors of the Organization of PJM States, Inc., is Chair of the Board of Directors of the National Regulatory Research Institute, and is a member of the Eastern Interconnection States Planning Council; and Whereas, Prior to his appointment by Governor Granholm, Commissioner White served as an Executive Assistant and Special Assistant for MPSC Commissioners and served as the Legislative Liaison for the MPSC, representing the MPSC with expertise before the Michigan Legislature and the U.S. Congress on matters of energy, utilities, telecommunications, and the motor carrier industries; and Whereas, Commissioner White’s vision, integrity, and intelligence have earned him well-deserved recognition and our deepest appreciation; and Whereas, We wish Greg the best of health, happiness, and success in all his future endeavors; now, therefore, be it Resolved by the Senate, That we offer this expression of our highest tribute to honor Greg White upon the completion of his term on the Michigan Public Service Commission; and be it further Resolved, That a copy of this resolution by transmitted to Greg White as a token of our esteem. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. 1438 JOURNAL OF THE SENATE [September 9, 2015] [No. 80 he question being on the adoption of the resolution, T Senator Kowall moved that the resolution be referred to the Committee on Energy and Technology. The motion prevailed. Senators Bieda, Booher, Gregory, Hansen, Hertel, Hopgood, Schuitmaker and Warren were named co‑sponsors of the resolution. enator Ananich offered the following resolution: S Senate Resolution No. 85. A resolution commemorating August 31, 2015, as Overdose Awareness Day. Whereas, Drug overdose deaths are the leading cause of injury or death in the United States; and Whereas, Since 1999, drug overdose deaths have quadrupled in the state of Michigan, the majority of which are a result of prescription opioids and heroin; and Whereas, The families and friends of overdose victims suffer unspeakable grief and heartache from the loss of their loved ones; and Whereas, The Centers for Disease Control and Prevention has categorized prescription drug substance abuse as one of the nation’s top public health epidemics; and Whereas, Substance abuse disorder is a neurological disease that over 20 million Americans are afflicted with; and Whereas, The ongoing stigmatization of substance abuse disorder results in many Americans not seeking the mental health treatment and medical care they need to recover from their addiction, resulting in increased overdose deaths; and Whereas, Substance abuse disorder also has tremendous social and economic consequences in America, including increased costs to our health care and criminal justice systems, losses in job productivity, threats to public safety, and the erosion of families; and Whereas, The public health addiction and overdose crisis requires a multi-pronged solution that engages law enforcement, health professionals, policymakers, and the general public; and Whereas, The multi-stakeholder Michigan Prescription Drug and Opioid Abuse Task Force is creating a statewide action plan to address this widespread disease; and Whereas, The recommendations of the Michigan Prescription Drug and Opioid Abuse Task Force have the potential to reduce the number of drug overdose deaths in the state of Michigan; and Whereas, August 31, 2015, is observed as International Overdose Awareness Day; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate August 31, 2015, as Overdose Awareness Day in the state of Michigan. We encourage all of Michigan’s citizens to participate in the aims and goals of this effort. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Gregory, Hansen, Hertel, Hopgood, Knollenberg, MacGregor, Nofs, Proos, Schuitmaker and Warren were named co‑sponsors of the resolution. Senator Ananich asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Ananich’s statement is as follows: I rise today in support of my resolution commemorating August 31, 2015, as Overdose Awareness Day in Michigan. Death and injury by drug overdose has reached epidemic proportions in the United States and here in Michigan. It is an issue in my hometown of Flint and for countless families in Genesee County. It is an issue that does not discriminate. In every corner of the state and in every community, more people than ever before are struggling with addiction, and more people than ever are dying because of it. Drug overdose deaths have quadrupled in Michigan since 1999, most of them due to prescription opioids and heroin. With it, the grief and heartache for families and the irreparable loss for communities have grown exponentially. As a member of the bipartisan Michigan Prescription Drug and Opioid Abuse Task Force, I am working to create a state­wide action plan to address this epidemic. It is my hope that my colleagues on both sides of the aisle will join in this truly bipartisan effort to heal our communities, protect our families, and recognize that addiction is a widespread disease, and we must be vigilant in fighting it. enator Jones offered the following resolution: S Senate Resolution No. 86. A resolution to commemorate September 2015 as Life Insurance Awareness Month. Whereas, Life insurance is critically important to protecting ourselves and the people we love; and No. 80] [September 9, 2015] JOURNAL OF THE SENATE 1439 Whereas, Every year, the insurance industry provides tremendous financial relief and security to families who have experienced the loss of a loved one; and Whereas, Despite its vast importance, many people do not have life insurance coverage; and Whereas, Life insurance is vital in providing peace of mind for those affected by the loss of a beloved; and Whereas, September 2015 has been designated as the month to generate awareness of life insurance. Those who are not insured are encouraged to consult a qualified insurance professional, and take the actions required to provide a financiallysecure future for their families and those they cherish; now, therefore, be it Resolved by the Senate, That the members of this legislative body hereby commemorate September 2015 as Life Insurance Awareness Month in the state of Michigan. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Gregory, Hansen, Hertel, Hopgood, Knollenberg and Proos were named co‑sponsors of the resolution. enator Hansen offered the following resolution: S Senate Resolution No. 87. A resolution to urge the United States Senate to concur with the United States House of Representatives and repeal the country-of-origin labeling regulations. Whereas, The United States and Canada have the largest trading relationship in the world, with bilateral trade valued at $759 billion in 2014, an association that benefits the economies of both countries. Michigan’s merchandise exports to Canada in 2014 were valued at $25.4 billion, and 259,000 Michigan jobs depend on trade and investment with Canada; and Whereas, The U.S. has implemented mandatory country-of-origin labeling (COOL) rules requiring meats sold at retail stores to be labeled with information on the source of the meat. The World Trade Organization (WTO) has repeatedly ruled that COOL discriminates against imported livestock and is not compliant with international trade obligations. Due to the WTO rulings, the U.S. may be subject to $3.6 billion in retaliatory tariffs sought by Canada and Mexico; and Whereas, COOL regulations also jeopardize the viability of the U.S. packing and feeding industries. The additional $500 million in annual compliance costs could lead to significant job losses and plant closures with potentially devastating impacts to local and state economies. All this for an issue the United States Department of Agriculture has clearly indicated is not about food safety; and Whereas, The U.S. House of Representatives passed H.R. 2393 to repeal the mandatory labeling for certain meats in June 2015 with 300 votes, showing a strong recognition across party lines, as well as regionally, that COOL must be repealed. However, the U.S. Senate appears less inclined to repeal the COOL requirement, risking the American economy to billions of dollars in retaliatory tariffs; now, therefore, be it Resolved by the Senate, That we urge the United States Senate to concur with the United States House of Representatives and repeal the country-of-origin labeling regulations; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Agriculture. The motion prevailed. Senators Booher, Gregory and Proos were named co‑sponsors of the resolution. Introduction and Referral of Bills Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 11:15 a.m. 1440 JOURNAL OF THE SENATE [September 9, 2015] [No. 80 11:20 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. Senator Casperson introduced Senate Bill No. 439, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 5503 (MCL 324.5503). The bill was read a first and second time by title and referred to the Committee on Natural Resources. Senator Casperson introduced Senate Bill No. 440, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 80. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senator Casperson introduced Senate Bill No. 441, entitled A bill to amend 2000 PA 92, entitled “Food law,” by amending section 1107 (MCL 289.1107), as amended by 2012 PA 178. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Green, Meekhof, Colbeck, Casperson, Proos, Kowall, Jones, Brandenburg, Shirkey, Marleau, Pavlov, Horn, Booher and Emmons introduced Senate Bill No. 442, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 5a, 5b, 5d, and 5o (MCL 28.425a, 28.425b, 28.425d, and 28.425o), sections 5a and 5d as amended by 2015 PA 3 and sections 5b and 5o as amended by 2015 PA 16. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Zorn introduced Senate Bill No. 443, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2110c. The bill was read a first and second time by title and referred to the Committee on Insurance. Senators Stamas, Schmidt, Jones and Robertson introduced Senate Bill No. 444, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 209A. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators Kowall, Pavlov, Robertson, Colbeck, Green, Jones and Brandenburg introduced Senate Bill No. 445, entitled A bill to prohibit local units of government from enacting or enforcing any law, ordinance, policy, or rule that limits local officials, officers, or employees from communicating or cooperating with appropriate federal officials concerning the immigration status of individuals; to prescribe the powers and duties of certain local officers, officials, and employees; to provide for certain reporting requirements; and to prescribe penalties. The bill was read a first and second time by title and referred to the Committee on Judiciary. No. 80] [September 9, 2015] JOURNAL OF THE SENATE 1441 Senator Jones introduced Senate Bill No. 446, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec­ tion 40111a (MCL 324.40111a), as amended by 2009 PA 199. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. Senator Knezek introduced Senate Bill No. 447, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 20 (MCL 388.1620), as amended by 2015 PA 85. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Proos introduced Senate Bill No. 448, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 233 (MCL 436.1233). The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Zorn, Hood, Gregory, Warren, Johnson, Hopgood and Nofs introduced Senate Bill No. 449, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406t. The bill was read a first and second time by title and referred to the Committee on Insurance. Senator Knezek introduced Senate Bill No. 450, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding sections 243f, 243g, 243h, 243i, and 243j; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senator Knezek introduced Senate Bill No. 451, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2012 PA 124. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senator Jones introduced Senate Bill No. 452, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 409b, 409d, and 409e (MCL 168.409b, 168.409d, and 168.409e), section 409b as amended by 2012 PA 276 and sections 409d and 409e as amended by 1990 PA 32. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senator Jones introduced Senate Bill No. 453, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8501 (MCL 600.8501), as amended by 1988 PA 135. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Hertel introduced Senate Bill No. 454, entitled A bill to provide protection from civil liability for individuals who take certain actions to prevent harm to minors. The bill was read a first and second time by title and referred to the Committee on Judiciary. 1442 JOURNAL OF THE SENATE [September 9, 2015] [No. 80 Senator Knezek introduced Senate Bill No. 455, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1264. The bill was read a first and second time by title and referred to the Committee on Education. Senator Knezek introduced Senate Bill No. 456, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 12 (MCL 380.12), as amended by 2013 PA 96. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Hansen introduced Senate Bill No. 457, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1246 and 1536 (MCL 380.1246 and 380.1536), as amended by 2009 PA 205. The bill was read a first and second time by title and referred to the Committee on Education. Senator Schuitmaker introduced Senate Bill No. 458, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 51 of chapter X (MCL 710.51), as amended by 1996 PA 409. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Hertel introduced Senate Bill No. 459, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 310c. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Bieda introduced Senate Bill No. 460, entitled A bill to require the establishment of a vulnerable adult registry; to prescribe the duties and responsibilities of certain state departments and agencies; and to prescribe fees, penalties, and sanctions. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senators Colbeck, Schuitmaker and Hansen introduced Senate Bill No. 461, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 260. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Schuitmaker, Hansen and Colbeck introduced Senate Bill No. 462, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 261. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Hansen, Schuitmaker and Colbeck introduced Senate Bill No. 463, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 268. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Hansen, Schuitmaker and Colbeck introduced Senate Bill No. 464, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 269. The bill was read a first and second time by title and referred to the Committee on Finance. No. 80] [September 9, 2015] JOURNAL OF THE SENATE 1443 Senator Shirkey introduced Senate Bill No. 465, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 5503 (MCL 324.5503). The bill was read a first and second time by title and referred to the Committee on Natural Resources. Senator Hertel introduced Senate Bill No. 466, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406t. The bill was read a first and second time by title and referred to the Committee on Insurance. Senators Hopgood, Warren, Gregory, Knezek, Young and Johnson introduced Senate Bill No. 467, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1169, 1507, and 1507b (MCL 380.1169, 380.1507, and 380.1507b), sections 1169 and 1507 as amended and section 1507b as added by 2004 PA 165. The bill was read a first and second time by title and referred to the Committee on Education. Senator Green introduced Senate Bill No. 468, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17739a, 17739b, and 17739c (MCL 333.17739a, 333.17739b, and 333.17739c), as added by 2014 PA 285. The bill was read a first and second time by title and referred to the Committee on Health Policy. House Bill No. 4248, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 13 (MCL 750.13); and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4249, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by repealing sections 546, 547, 548, 549, 550, and 551 (MCL 750.546, 750.547, 750.548, 750.549, 750.550, and 750.551). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4250, entitled A bill to repeal 1935 PA 140, entitled “An act to prohibit endurance contests known as walkathons and similar endurance contests; to prescribe a penalty for the violation thereof, and to repeal Act No. 65 of the Public Acts of 1933,” (MCL 752.161 to 752.162). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4501, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 12m and 16e of chap­ ter XVII (MCL 777.12m and 777.16e), section 12m as amended by 2005 PA 54 and section 16e as added by 1998 PA 317. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4709, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 347 (MCL 750.347). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. 1444 JOURNAL OF THE SENATE [September 9, 2015] [No. 80 House Bill No. 4710, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 74206 (MCL 324.74206), as added by 1995 PA 58. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4711, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 5 of chapter IX (MCL 769.5); and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. Statements Senators Stamas and Ananich asked and were granted unanimous consent to make statements and moved that the state­ ments be printed in the Journal. The motion prevailed. Senator Stamas’ statement is as follows: It is with a very heavy heart that I ask for a moment of your time today. On August 9, Midland County and the city of Coleman lost a son. Private Robert J. Snear passed away while serving his country as a member of the U.S. Army stationed at Fort Hood, Texas. Private Snear was assigned to Fort Hood in 2014 as part of the 720th Military Police Battalion, 89th Military Police Brigade. During his service, Snear was decorated with the National Defense Service Medal and the Army Service Medal. I ask for thoughts and prayers for the Snear family and all the families who have made this sacrifice for our nation. A moment of silence was observed in memory of U.S. Army Private Robert J. Snear. enator Ananich’s statement is as follows: S I rise with a heavy heart. On Monday, August 31, my community lost a real legend in Vera B. Rison. We put her to rest yesterday. She served not in this chamber, but in this building from 1996 to 2002. Every day she was here, she put the people of her district first. She was a caring and compassionate woman who would give her last dollar to anyone she met. Vera passed away on Monday after a long struggle with diabetes. I and my community will remember her for a long time. Thank you for the opportunity to say a few words about her. A moment of silence was observed in memory of Vera B. Rison, former State Representative and former member of the Genesee County Board of Commissioners. Scheduled Meetings Appropriations Subcommittees Higher Education and House Higher Education Appropriations Subcommittee - Thursday, September 24, 3:00 p.m. or later after committees are given leave by the House to meet, House Appropriations Room, 3rd Floor, Capitol Building (373-2768) K-12, School Aid, Education and House School Aid Appropriations Subcom­mittee - Wednesday, September 16, 8:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Energy and Technology - Thursday, September 10, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373‑1721) Finance - Tuesday, September 22, 2:30 p.m., Room 210, Farnum Building (373-5323) Health Policy - Thursday, September 10, 9:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) No. 80] [September 9, 2015] JOURNAL OF THE SENATE 1445 Senate Fiscal Agency Board of Governors - Thursday, September 24, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Transportation - Thursday, September 10, 8:30 a.m., Room 210, Farnum Building (373-5323) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:34 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, September 10, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1446 No. 81 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, September 10, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1448 JOURNAL OF THE SENATE [September 10, 2015] [No. 81 astor Mark Green of Allendale Baptist Church of Allendale offered the following invocation: P Heavenly Father, what a privilege it is for us to gather in this historical building where past generations have served this great state of Michigan. I thank You for this current group of women and men who have given their lives in service for the betterment of our state. I ask that You give them an abundance of wisdom as they tackle significant and complex issues. I ask that You give them grace as they engage in rigorous debate over subjects that enflame great passion in each heart. I ask that they would look to You and not simply themselves for discernment as they develop policies and plans that could affect generations to come. Help them sense the weight, magnitude, and importance of this position You have given them, and may this realization encourage these wonderful men and women to constantly turn back to You for guidance. For who is sufficient for such things? May this day be a productive one for Your glory. Thank You again that because of You, we live, move, and have our being. In Jesus’ name, we ask these things. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that rule 3.902 be suspended to allow his guests admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. enator Hood moved that Senators Johnson and Young be temporarily excused from today’s session. S The motion prevailed. The following communication was received and read: Office of the Auditor General September 8, 2015 nclosed is a copy of the following audit report: E Performance audit report on the Procurement Card Program, Department of Technology, Management, and Budget. Sincerely, Doug Ringler Auditor General The audit report was referred to the Committee on Government Operations. The Secretary announced that the following bills were printed and filed on Wednesday, September 9, and are available at the Michigan Legislature website: Senate Bill Nos. 449 468 By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 The motion prevailed. Senators Kowall, Colbeck, MacGregor, Emmons, Schmidt, Hildenbrand, Green, Schuitmaker, Jones, Booher, Zorn, Shirkey, Horn, Proos, Pavlov, Nofs, Hansen, Robertson, Meekhof, Brandenburg, Knollenberg, Casperson and O’Brien offered the following resolution: Senate Resolution No. 88. A resolution commemorating September 11-17, 2015, as Michigan Patriot Week. Whereas, The Legislature recognizes that understanding American history and America’s First Principles are indispensable to the survival of our republic as a free people. In great reverence to the victims of the September 11, 2001, attacks, the Legislature acknowledges that American citizens must take time to honor the First Principles, founders, documents, and symbols of their history; and No. 81] [September 10, 2015] JOURNAL OF THE SENATE 1449 Whereas, The events that led to the signing of The Constitution of the United States of America by the delegates of the Constitutional Convention on September 17, 1787, have significance for every American and are honored in public schools across the nation on September 17 of each year as Constitution Day; and Whereas, Revolution, the rule of law, social compact, equality, unalienable rights, and limited government are the First Principles upon which America was founded and flourishes; and Whereas, Exceptional, visionary, and indispensable Americans such as Thomas Paine, Patrick Henry, John Adams, John Marshall, George Washington, Abraham Lincoln, Frederick Douglass, Martin Luther King, Jr., Elizabeth Cady Stanton, Susan B. Anthony, Thomas Jefferson, and James Madison founded and advanced the United States of America; and Whereas, The Declaration of Independence, the Constitution and the congressional resolution forwarding the Constitution to the states, Marbury v. Madison, the Seneca Falls Declaration of Sentiments and Resolutions, the Gettysburg Address, the Emancipation Proclamation, and the “I Have a Dream” speech are key documents that embody America’s First Principles and have advanced American liberty; and Whereas, The Bennington Flag, original Betsy Ross American flag, current American Flag, Suffragist Flag, Fort Sumter Flag, Gadsden Flag, United States Honor Flag, and flag of the state of Michigan are fundamental physical symbols of American history and freedom that should be studied and remembered by each American citizen; now, therefore, be it Resolved by the Senate, That we hereby commemorate September 11-17, 2015, as Michigan Patriot Week, which symbolically begins on September 11 and concludes on September 17, Constitution Day. We recognize that each generation needs to renew the spirit of America based on America’s First Principles, historical figures, founding documents, and symbols of America. The citizens, schools and other educational institutions, government agencies, municipalities, and nonprofit, religious, labor, community, and business organizations are urged to recognize and participate in Patriot Week so that all may offer the reverence that is due to our free republic. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senator Kowall moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Governor as co‑sponsors of the resolution. The motion prevailed, a majority of the members serving voting therefor. A moment of silence was observed in memory of the victims who lost their lives in the September 11, 2001 terrorist attacks. Senator Kowall asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Kowall’s statement is as follows: The Legislature recognizes that understanding American history and America’s First Principles are indispensable to the survival of our republic as a free people. In great reverence to the victims of the September 11, 2001 attacks, the Legis­lature acknowledges that American citizens must take time to honor the First Principles, founders, documents, and symbols of their history. It is my honor to have Chris Heisler and the United States Honor Flag here today. Since September 2001, the United States Honor Flag has paid tribute to those who have lost their lives in the line of duty protecting our lives, our homes, and our country and also those who currently serve our communities and our nation. The Honor Network was founded on the conviction that every person who is committed in service to our communities and country deserves the support of every single American, and an increase in American patriotism is vital in keeping our great nation united. The resolution will designate September 11-17, 2015, as Michigan Patriot Week, which symbolically begins on September 11 and concludes on September 17, Constitution Day. We recognize that each generation needs to renew the spirit of America based on America’s First Principles, historical figures, founding documents, and symbols of America. The citizens, schools and other educational institutions, government agencies, municipalities, and nonprofit, religious, labor, community, and business organizations are urged to recognize and participate in Patriot Week, so that all may offer the reverence that is due to our free republic. Senator Johnson entered the Senate Chamber. Introduction and Referral of Bills Senator Schmidt introduced Senate Bill No. 469, entitled A bill to amend 2011 PA 142, entitled “Health insurance claims assessment act,” by amending section 2 (MCL 550.1732) and by adding section 2a. The bill was read a first and second time by title and referred to the Committee on Insurance. 1450 JOURNAL OF THE SENATE [September 10, 2015] [No. 81 Senator O’Brien introduced Senate Bill No. 470, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1103 and 1105 (MCL 500.1103 and 500.1105), as amended by 2000 PA 283. The bill was read a first and second time by title and referred to the Committee on Insurance. Senator Robertson introduced Senate Bill No. 471, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8123 and 8134 (MCL 600.8123 and 600.8134), section 8123 as amended by 2014 PA 58 and section 8134 as amended by 2014 PA 60. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Schmidt and MacGregor introduced Senate Bill No. 472, entitled A bill to amend 1999 PA 244, entitled “An act to require tobacco product manufacturers to place funds in escrow for medical expenses incurred by the state due to tobacco related illnesses; to establish a formula for determining the amount of the escrow; to establish the conditions for release of funds from escrow; to prescribe powers and duties of the attorney general; and to provide for civil penalties for violation of this act,” by amending sections 1 and 2 (MCL 445.2051 and 445.2052), section 2 as amended by 2003 PA 286. The bill was read a first and second time by title and referred to the Committee on Commerce. Senators MacGregor and Schmidt introduced Senate Bill No. 473, entitled A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” (MCL 205.421 to 205.436) by adding section 6e. The bill was read a first and second time by title and referred to the Committee on Commerce. Senators Bieda, Ananich, Gregory, Hopgood and Hertel introduced Senate Bill No. 474, entitled A bill to amend 1996 PA 463, entitled “An act to establish guidelines for the decennial adoption of redistricting plans for the senate and house of representatives; to provide original jurisdiction to the supreme court to review redistricting plans enacted by the legislature for compliance with those guidelines; and to provide a procedure for the supreme court to use to redistrict the senate and house of representatives under certain circumstances,” by amending sections 1, 1a, and 2 (MCL 4.261, 4.261a, and 4.262), section 1a as added and section 2 as amended by 1999 PA 223; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Bieda, Ananich, Gregory, Hopgood and Hertel introduced Senate Bill No. 475, entitled A bill to amend 1999 PA 221, entitled “Congressional redistricting act,” by amending sections 2 and 3 (MCL 3.62 and 3.63). The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Schmidt, Ananich, Stamas, Hansen, Proos, Brandenburg, Kowall, Horn and Knezek introduced Senate Bill No. 476, entitled A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending sections 7 and 11 (MCL 205.427 and 205.431), section 7 as amended by 2014 PA 298 and section 11 as amended by 2012 PA 325. The bill was read a first and second time by title and referred to the Committee on Commerce. Senators Green and Hune introduced Senate Bill No. 477, entitled A bill to amend 2001 PA 266, entitled “Grade A milk law of 2001,” by amending section 6 (MCL 288.476), as amended by 2008 PA 136. The bill was read a first and second time by title and referred to the Committee on Agriculture. No. 81] [September 10, 2015] JOURNAL OF THE SENATE 1451 Senators Warren and Bieda introduced Senate Bill No. 478, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 2, 2a, 2b, 12, and 14a (MCL 28.422, 28.422a, 28.422b, 28.432, and 28.434a), section 2 as amended by 2014 PA 201, section 2a as amended by 2015 PA 3, section 2b as amended by 2014 PA 205, section 12 as amended by 2010 PA 209, and section 14a as added by 2010 PA 295. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Warren and Bieda introduced Senate Bill No. 479, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 223 and 232a (MCL 750.223 and 750.232a), section 223 as amended by 2012 PA 242 and section 232a as amended by 1990 PA 321. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Warren and Bieda introduced Senate Bill No. 480, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 11b and 16m of chap­ ter XVII (MCL 777.11b and 777.16m), section 11b as amended by 2015 PA 4 and section 16m as amended by 2014 PA 192. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Booher and Emmons introduced Senate Bill No. 481, entitled A bill to amend 2000 PA 321, entitled “Recreational authorities act,” by amending sections 3 and 11 (MCL 123.1133 and 123.1141), as amended by 2003 PA 135, and by adding section 12. The bill was read a first and second time by title and referred to the Committee on Local Government. Senators Jones and Shirkey introduced Senate Bill No. 482, entitled A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending sections 2 and 4a (MCL 722.952 and 722.954a), section 2 as amended by 1997 PA 172 and section 4a as amended by 2010 PA 265. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senators Jones and Shirkey introduced Senate Bill No. 483, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 13a and 18f of chapter XIIA (MCL 712A.13a and 712A.18f), section 13a as amended by 2012 PA 163 and section 18f as amended by 2012 PA 115. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senators Jones and Shirkey introduced Senate Bill No. 484, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” (MCL 710.21 to 712B.41) by adding section 21a to chapter XIIA. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senators Jones and Shirkey introduced Senate Bill No. 485, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 13a and 18 of chapter XIIA (MCL 712A.13a and 712A.18), section 13a as amended by 2012 PA 163 and section 18 as amended by 2011 PA 295. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. 1452 JOURNAL OF THE SENATE [September 10, 2015] [No. 81 Senators Hertel, Bieda, Schuitmaker, Knezek, Hood and Horn introduced Senate Bill No. 486, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 319 and 907 (MCL 257.319 and 257.907), section 319 as amended by 2015 PA 11 and section 907 as amended by 2014 PA 303. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Booher, Proos, Hansen, Knezek, Schuitmaker and Horn introduced Senate Bill No. 487, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 69b. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Booher, Proos, Hansen, Knezek, Schuitmaker and Horn introduced Senate Bill No. 488, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 17f of chapter XVII (MCL 777.17f), as amended by 2012 PA 611. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Green introduced Senate Bill No. 489, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 42 and 45 (MCL 168.42 and 168.45), section 42 as amended by 1999 PA 216 and section 45 as amended by 1985 PA 160. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senator Schuitmaker introduced Senate Bill No. 490, entitled A bill to amend 1988 PA 378, entitled “An act to preserve personal privacy with respect to the purchase, rental, or borrowing of certain materials; and to provide penalties and remedies for violation of this act,” by amending sections 1, 3, 4, and 5 (MCL 445.1711, 445.1713, 445.1714, and 445.1715), section 5 as added by 1989 PA 206. The bill was read a first and second time by title and referred to the Committee on Commerce. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Colbeck as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4166, entitled A bill to amend 1913 PA 88, entitled “An act empowering the board of supervisors of any of the several counties of the state of Michigan to levy a special tax, or by appropriating from the general fund for the purpose of advertising the agricultural advantages of the state or for displaying the products and industries of any county in the state at domestic or foreign expositions, for the purpose of encouraging immigration and increasing trade in the products of the state, and advertising the state and any portion thereof for tourists and resorters, and to permit the boards of supervisors out of any sum so raised, or out of the general fund, to contribute all or any portion of the same to any development board or bureau to be by said board or bureau expended for the purposes herein named,” by amending the title and section 1 (MCL 46.161). Senate Bill No. 310, entitled A bill to prohibit an employer from discriminating against, disciplining, or discharging an employee who is absent from work to respond to an emergency as a civil air patrol volunteer; and to provide remedies for a violation of this act. The bills were placed on the order of Third Reading of Bills. No. 81] [September 10, 2015] JOURNAL OF THE SENATE 1453 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4070, entitled A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2014 PA 190. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 150, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406t. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 364, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 4ee. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 365, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4cc. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senator Young entered the Senate Chamber. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 384 Senate Bill No. 385 Senate Bill No. 356 The motion prevailed. The following bill was read a third time: Senate Bill No. 384, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 43b (MCL 400.43b), as added by 2002 PA 573. The question being on the passage of the bill, Senator MacGregor offered the following amendment: 1. Amend page 2, line 3, after “OF” by striking out the balance of the sentence and inserting “RETAIL TRAFFICKING OF FOOD ASSISTANCE BENEFITS ADMINISTERED BY THE DEPARTMENT ACCORDING TO THE FEDERAL SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM.”. The amendment was adopted, a majority of the members serving voting therefor. 1454 JOURNAL OF THE SENATE [September 10, 2015] Senator Bieda offered the following amendments: 1. Amend page 2, line 14, after “HAS” by striking out “REASONABLE” and inserting “PROBABLE”. 2. Amend page 2, line 15, after “AND” by striking out “REASONABLE” and inserting “PROBABLE”. 3. Amend page 2, line 17, after “HAS” by striking out “REASONABLE” and inserting “PROBABLE”. 4. Amend page 2, line 19, after “AND” by striking out “REASONABLE” and inserting “PROBABLE”. 5. Amend page 2, line 20, after “HAS” by striking out “REASONABLE” and inserting “PROBABLE”. 6. Amend page 2, line 22, after “AND” by striking out “REASONABLE” and inserting “PROBABLE”. 7. Amend page 2, line 24, after “HAS” by striking out “REASONABLE” and inserting “PROBABLE”. 8. Amend page 3, line 1, after “AND” by striking out “REASONABLE” and inserting “PROBABLE”. The amendments were adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 354 Yeas—27 Bieda Hildenbrand Marleau Rocca Booher Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Emmons Jones O’Brien Shirkey Green Knollenberg Pavlov Stamas Hansen Kowall Proos Zorn Hertel MacGregor Robertson Nays—11 Ananich Gregory Johnson Warren Brandenburg Hood Knezek Young Colbeck Hopgood Smith Excused—0 Not Voting—0 In The Chair: President enator Kowall moved to reconsider the vote by which the bill was passed. S The motion prevailed, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 355 Yeas—27 Bieda Hertel MacGregor Robertson Booher Hildenbrand Marleau Schmidt Brandenburg Horn Meekhof Schuitmaker Casperson Hune Nofs Shirkey Emmons Jones O’Brien Stamas Green Knollenberg Pavlov Zorn Hansen Kowall Proos [No. 81 No. 81] [September 10, 2015] JOURNAL OF THE SENATE 1455 Nays—11 Ananich Hood Knezek Warren Colbeck Hopgood Rocca Young Gregory Johnson Smith Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. Protests Senators Young and Colbeck, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 384. Senator Young’s statement is as follows: Colleagues, I rise in opposition to this bill. Like so much of the legislation proposed and passed by my colleagues across the aisle, this bill seeks to criminalize the very act of being a member of the working poor. Like drug testing those who receive assistance; like pulling benefits from a family if a child misses school, this bill assumes the worst of those who are struggling the most, the most vulnerable in our society. Even worse, this bill would allow the Department of Health and Human Services to create its own police force. That’s right, welfare police. Literally, the welfare police. This is insane; it’s crazy. Now, DHHS promotes all of its own employees and gives them the same powers as police officers, including the ability to make a felony arrest without a warrant, but won’t require these employees to be trained the same way police officers are or require that they be held to the same standards of accountability as police officers. The department says that they will have external cause in training and accountability, but they don’t want anything in statute. They don’t want anything written in law. They don’t want anything written that can hold them accountable for their welfare police, like every other police agency is held to account. In this day and age, when the news of police brutality is seemingly endless, in the era of Black Lives Matter, more accountability, and equal justice for all, Mr. President, do we really think that it is a good idea to create a new police force made up of people who have no training? How long before this goes horribly wrong? This bill disgusts me. It troubles me. It disheartens me. It shows just how little we think of those who need our help the most. Instead, we will arm the people who are supposed to help lift them from poverty. I’m not saying that these people don’t have good intentions. I’m not saying that they’re not good people. I’m not saying that they’re not trying to do the right thing. But, as we all know, one misunderstanding, one mistaken intention, things that cops are trained every day to protect, to see, to detect, and understand; one miscommunication, one slight misreading of a person’s body language, and we could have a terrible tragic event on our hands, and that’s not something that we need to promote. It’s something that we need to prevent. As lawmakers, it’s our responsibility to do so. We swore an oath to defend these citizens. Colleagues, I ask you, what happens when the hand that is supposed to be helping to lift the struggling families out of poverty, instead of being open, is holding a gun? I urge you all to vote “no” on this bill. enator Colbeck’s statement is as follows: S I rise to give my “no” vote explanation. Colleagues, this bill essentially extends limited arrest powers for the agents of the Department of Health and Human Services. Just for those of you who are not aware of this, it is a primary execution arm for health policy, in particular, in the state. Oftentimes when we pass legislation in regard to what that policy or those rules should be, they are pretty much just a continuance of what is already being done at the federal level. In particular, I have been warning my colleagues quite a bit about something called the Affordable Care Act, which most people refer to as Obamacare. I always admonished my colleagues that implementation of different aspects of this act were more about control than they were about care. 1456 JOURNAL OF THE SENATE [September 10, 2015] [No. 81 When you start talking about limited arrest power, two agents responsible for enforcing rules and regulations being promulgated under the Department of Health and Human Services, you get the camel’s nose under the tent giving more and more credence to the concern of the federal government’s overreach into areas where they have no authority. It really emphasizes the control and not care concern that I have expressed before. So I am very concerned about this legislation, and I am hoping that the folks over in the House will put a stop to this going forward. Senators Bieda and Robertson asked and were granted unanimous consent to make statements and moved that the state­ ments be printed in the Journal. The motion prevailed. Senator Bieda’s statement is as follows: I rise to speak to my amendment. This is a simple amendment that would make an important change in this bill. In its current form, this bill would allow a DHHS agent to arrest a person if the agent has reasonable cause to believe that a felony has been committed. As an attorney, this struck me as curious because we are taught early on in law school that probable cause is the general standard for arrest. Additionally, when this legislation was voted on last year, “probable cause” was inserted instead of “reasonable cause.” I’m not sure why the standard has been watered down, but I think it is necessary to restore it to the standard of probable cause to ensure that these DHHS agents are not held to a lesser standard. I ask my colleagues for their support. enator Robertson’s statement is as follows: S I rise with my colleagues Senators Hune and Horn and Representative Graves who are with me for the most solemn duty a Senator can perform. I am here to acknowledge the loss of a state trooper who lost his life during the performance of his duties. Chad Wolf was a dedicated State Police trooper from my district who lost his life on August 28. His wife Erin is here with us on the Senate floor, along with his partner Trooper John Colmer. I would like to take a moment to read the Special Tribute that was prepared and signed by myself, my colleagues, and the Governor. I would first like to recognize Erin and Trooper Colmer on the floor and then have a moment of silence. “LET IT BE KNOWN, That it is with deep sadness that we learn of the passing of Michigan State Police Trooper Chad H. Wolf, a dedicated officer of the state and more importantly a caring person who enriched many lives. Trooper Wolf passed away on August 28 while in the line of duty, joining many other officers who gave their lives while protecting the lives of others. With genuine respect and admiration, we join with the community in extending our condolences to his family and many friends. He will be sincerely missed and long remembered. Trooper Wolf served with the Michigan State Police since 2008, where he was known by his fellow troopers as a dedicated officer and true warrior for public safety. Trooper Wolf’s service to his community goes beyond his duties as a Michigan State Police Trooper, as he was an involved member of the Great Lakes Baptist Church, where he served time as a youth leader. His service and sacrifice have not only had an impact on his community, but also on our state as a whole. Through his dedication to serving and protecting his community, Trooper Wolf has set an example of what a true hero is throughout the state of Michigan. The life of Chad Wolf is a study in the power of hard work, dedication, and commitment to his career, family, and his state. We are truly grateful for his service to his community and the state. IN SPECIAL TRIBUTE, Therefore, This document is signed and dedicated to offer our words of praise as a memorial for Michigan State Police Trooper Chad H. Wolf. May his family find comfort in their faith and the memories of this fine man and his distinguished career.” A moment of silence was observed in memory of fallen Michigan State Police Trooper Chad H. Wolf. The following bill was read a third time: Senate Bill No. 385, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 231 (MCL 750.231), as amended by 2006 PA 401. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 356 Bieda Booher Yeas—28 Hertel MacGregor Robertson Hildenbrand Marleau Schmidt No. 81] [September 10, 2015] JOURNAL OF THE SENATE 1457 Brandenburg Horn Meekhof Schuitmaker Casperson Hune Nofs Shirkey Emmons Jones O’Brien Smith Green Knollenberg Pavlov Stamas Hansen Kowall Proos Zorn Nays—10 Ananich Hood Knezek Warren Colbeck Hopgood Rocca Young Gregory Johnson Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 356, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 12 and 1211 (MCL 380.12 and 380.1211), section 12 as amended by 2013 PA 96 and section 1211 as amended by 2012 PA 285. The question being on the passage of the bill, Senator Horn offered the following substitute: Substitute (S-5). The substitute was adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 357 Yeas—31 Ananich Hansen Knezek Schmidt Bieda Hertel Knollenberg Schuitmaker Booher Hildenbrand Kowall Shirkey Casperson Hood MacGregor Stamas Colbeck Hopgood Meekhof Warren Emmons Horn Nofs Young Green Johnson O’Brien Zorn Gregory Jones Robertson Nays—7 Brandenburg Marleau Proos Smith Hune Pavlov Rocca 1458 JOURNAL OF THE SENATE [September 10, 2015] [No. 81 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. By unanimous consent the Senate returned to the order of Motions and Communications The following communications were received and read: Office of the Senate Majority Leader September 10, 2015 I would like Senate Bill 439 (Casperson) re-referred to the Senate Committee on Energy and Technology. If you have any questions regarding this matter, please do not hesitate to contact me. September 10, 2015 I would like Senate Bill 465 (Shirkey) re-referred to the Senate Committee on Energy and Technology. If you have any questions regarding the matter, please do not hesitate to contact me. Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communications were referred to the Secretary for record. By unanimous consent the Senate proceeded to the order of Statements Senators Bieda, Jones, Hertel, Colbeck and O’Brien asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Bieda’s statement is as follows: I would like to take this time to honor the memory of Center Line Mayor David Hanselman, who was born in Center Line on September 11, 1942. He was then raised and served the city of Center Line until his death on August 22, 2015. As an outstanding leader in his community, David was a tireless advocate for the city of Center Line. His son Mark said that his father used to say, “There are two kinds of people: those who live in Center Line and those who wish they did.” It is because of this attitude that Mayor Hanselman touched the lives of many through his tireless efforts to make Center Line a great place to live. I would also like to honor those who were closest to him, including his wife Katheleen; sons David, wife Kelly; Mark, wife Meridith; and John; and his four grandchildren. Mayor Hanselman was a devoted career man who went above and beyond. He spent more than 25 years owning and operating Royal Oak Tire until he retired in the mid-1990s so he could devote more time to Center Line city work. David first became active in the community when his father-in-law introduced him to the Rotary Club. In 1981, David won a seat on the Center Line City Council and continued to serve for 28 years. David’s love of Center Line and the mutual devotion and respect of Center Line residents helped him get elected as Center Line’s mayor in 2009 and 2013. David served on numerous city commissions, including beautification housing, libraries, parks and recreation, zoning, planning, and downtown development and, most recently, as chair of the South Macomb Disposal Authority and head of the Selective Services for Warren and Center Line. He also served in the following area organizations to help benefit the community: Lions Club, Rotary Club, Center Line Schools Foundation, Parents’ Congress president and board member for Macomb Christian Schools, and honorary member of the Southeast Michigan Indians. He was a much-beloved and admired community leader who will be remembered by family and friends as an integral part of the community. Certainly, David’s proudest achievement while in office was his work to restore part of Center Line’s history by preserving the city’s original 1926 American LaFrance Type 75 fire truck, one of only two that served the city. He was instrumental in leading the effort to acquire the truck from a private collector and fronting the money for its purchase. He worked with No. 81] [September 10, 2015] JOURNAL OF THE SENATE 1459 the Friends of the Fire Truck group to restore the fire truck to working condition, and it was rededicated during the city’s annual summer fireworks. His preservation of Center Line’s history is now something that all generations can enjoy. I would like to request a moment of silence as we honor Center Line Mayor David Hanselman’s integrity, leadership, and devotion to the city of Center Line. May he rest in peace. A moment of silence was observed in memory of Center Line Mayor David Hanselman. enator Jones’ statement is as follows: S I rise today with great sadness and a bit of anger. Yesterday, according to all reports, a Lansing firefighter was murdered in our city. He is my constituent and owns a home in Perry. Dennis Rodeman was participating in a Fill the Boot charity for muscular dystrophy. It is alleged that a man became angry and thought it was perhaps slowing down traffic a bit and ran him over intentionally, murdering him. Dennis is a seven-year veteran of the fire department. He was also a Marine who served a tour of duty in Iraq, and he leaves behind a wife who is carrying their first child. This is indeed a tragic time for this great city. enator Hertel’s statement is as follows: S It is with a heavy heart that I rise today. There is seldom the correct words to say that convey the path of devastation that is left behind when a senseless tragedy occurs. Today is no different. My community experienced a great loss yesterday in the death of firefighter Dennis Rodeman. Dennis honorably served as a United States Marine, with tours of duty in Iraq during the battle for Fallujah, and continued to serve as a Marine activist. He came home and continued to serve as a firefighter for seven years with the Lansing Fire Department. He would save lives by risking his own. Two months ago, Dennis was married, and he and his wife Katherine are expecting their first child. Yesterday, while continuing to serve our community raising money in the annual Fill the Boot campaign for muscular dystrophy, Dennis was intentionally struck down by a hit-and-run driver. This senseless act of violence stole a son, brother, husband, father, and hero from our community. I ask that you join me in honoring the life of Dennis Rodeman, and keep his family and brothers and sisters in service in your thoughts and prayers. A moment of silence was observed in memory of Lansing firefighter Dennis Rodeman. enator Colbeck’s statement is as follows: S Tomorrow will be September 11. It will be the 14th anniversary of the attack on America by radical Islamic members of the organization known as al-Qaeda. Many of us remember exactly where we were when we saw those planes hit the towers of the World Trade Center. Many of us remember where we were when United Flight 93 featured heroic members from everyday society attempting to wrestle control over the aircraft from these extremists. Many of us remember where we were when the plane hit the Pentagon. I’m ashamed to say that I think even at the time when we did this, everyone was saying, “We’re never going to forget this. We’re never going to forget what happened when terrorism was unleashed in our country. We’re never going to forget the fact that we need to defend our country from folks who wish us ill.” We need to start waking up to the fact that when somebody says that they want to kill us, odds are that they are pretty sincere with their intent. Yet I stand before you today when up in Washington, D.C., they’re considering a deal that has been brokered by Secretary of State John Kerry and President Obama called the Iran Deal. This Iran Deal is enabling terrorists throughout the world. As a matter of fact, if it’s enacted, we’re going to be the leading sponsor of terrorism in the world by opening up and releasing restrictions on sanctions that is going to flood Iran with $150 billion of new revenue. I don’t think that money is going to build Disneyland over there, folks. That money is going to be funneled into terrorist organizations throughout the world. It’s going to be expediting the development of the nuclear program. The deal that has been put before us, called the Iran Deal, has a lot of elements that should give our elected repre­senta­tives up in D.C. pause. The deal, first of all, doesn’t address the four American citizens who are currently being held hostage in Iran. The stuff that is in it is filled with loopholes. It doesn’t allow any surprise, anytime, anywhere inspections. The deal would fuel the Middle East nuclear arms race, making the world less safe. Even if Iran’s leaders abide by this agreement, the regime will be dangerously close to having nuclear weapons. Furthermore, the deal allows Iran to continue development and the construction of intercontinental ballistic missiles that provide a delivering mechanism for any nuclear bomb that may be developed there to be delivered here to the United States. Against this backdrop, the folks whom we are actually dealing with over there to create this deal, the Ayatollah Khomeini, the supreme leader of Iran, predicted Wednesday that Israel, one of our allies, our only ally in the Middle East, will not exist in 25 years. Israel is known as “Little Satan” by the folks in Iran, and guess who is known as the “Great Satan”—here, America. If you want to know how far this extremist view goes and why this is such a concern, in the Iran Constitution—I don’t know how many of you realize this—but in their preamble, it states that it should be the “necessary basis for ensuring 1460 JOURNAL OF THE SENATE [September 10, 2015] [No. 81 the continuation of the Revolution at home and abroad.” And one of the goals of the army and the revolutionary guards is to fill “the ideological mission of Jihad in God’s way; that is, extending the sovereignty of God’s law throughout the world.” That jihad has explicitly been talked about in context of not only our nation, but the nation of Israel. Yet our leaders up in D.C. are letting this go by without a peep; not all of them, but they’re not even voting to take this issue up. They’re not even treating this as a treaty right now. This is a treaty, but they call it the Iran Deal. It’s actually a treaty between the United States, other partners, and Iran. We’re not subjecting it to Article 11, Section 2 of the U.S. Constitution with the advice and consent, which requires a two-thirds majority to support it. I urge my colleagues to urge our elected representatives, Senator Gary Peters and Debbie Stabenow, to vote “no” on this deal. Right now they support it. enator O’Brien’s statement is as follows: S Tomorrow is September 11, and this is a day of sadness in my community. It was nearly 14 years ago when we lost one of our own, a hometown boy Bradley Hoorn. Bradley was a 1997 graduate of Gull Lake High School. He was very well-liked and motivated, a rising star. He graduated from Yale and got a job at Fred Alger Management in New York City, and ultimately, he gave his life on September 11. In fact, the company where he worked lost 35 of their 39 employees. In 2008, his Aunt Cindy spoke about the need for our country to continue to deal with national security issues, saying that we must not fall asleep, but remain vigilant. Brad is survived by his parents Kathy and Dennis, who still live in our community, and his sister Kara. I hope that as we head into the weekend, we can honor and remember those we have lost, those who lost a family member or loved one, and those who have defended our country. Senator Kowall moved that when the Senate adjourns today, it stand adjourned until Wednesday, September 16, at 10:00 a.m. The motion prevailed. Committee Reports The Committee on Outdoor Recreation and Tourism reported House Bill No. 4239, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40111 (MCL 324.40111), as amended by 2012 PA 340. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Goeffrey M. Hansen Chairperson To Report Out: Yeas: Senators Hansen, Zorn, Schmidt and Green Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Outdoor Recreation and Tourism submitted the following: T Meeting held on Wednesday, September 9, 2015, at 12:30 p.m., Room 110, Farnum Building Present: Senators Hansen (C), Zorn, Schmidt and Green Excused: Senator Johnson COMMITTEE ATTENDANCE REPORT he Committee on Insurance submitted the following: T Meeting held on Wednesday, September 9, 2015, at 2:00 p.m., Room 100, Farnum Building Present: Senators Hune (C), Brandenburg, Schmidt, O’Brien, Horn, Jones, Johnson and Young Excused: Senator Bieda No. 81] [September 10, 2015] JOURNAL OF THE SENATE 1461 COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, September 10, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Marleau and Hopgood Excused: Senator Pavlov Scheduled Meetings Appropriations Subcommittees Higher Education and House Higher Education Appropriations Subcommittee - Thursday, September 24, 3:00 p.m. or later after committees are given leave by the House to meet, House Appropriations Room, 3rd Floor, Capitol Building (373-2768) K-12, School Aid, Education and House School Aid Appropriations Subcom­mittee - Wednesday, September 16, 8:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Finance - Tuesday, September 22, 2:30 p.m., Room 210, Farnum Building (373-5323) Senate Fiscal Agency Board of Governors - Thursday, September 24, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:34 a.m. In pursuance of the order previously made, the President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, September 16, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1462 No. 82 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, September 16, 2015. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—excused Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—excused Hildenbrand—present Hood—excused Hopgood—present Horn—present Hune—present Johnson—excused Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—excused O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—excused Stamas—present Warren—present Young—excused Zorn—present 1464 JOURNAL OF THE SENATE [September 16, 2015] [No. 82 enator John M. Proos of the 21st District offered the following invocation: S Father God, we gather today in this Senate Chamber thankful for the many blessings that You have freely given to each of us. Yet we know, Father, that in Your plan of salvation, we are to suffer, and those we serve are to suffer from the ills of our nation and our society. Father, give us the wisdom and strength to address these challenges with care, compassion, and without judgment. In a special way, we pray for Senator Nofs and his family as they lay to rest their loved one. May peace and comfort be granted to his family and to all who grieve the loss of loved ones. All the while, Father, through our tears, we praise You in this ancient prayer: “Thee, O God, we praise. We praise you. You are Lord and we acclaim you. You are the Eternal Father. All creation wor­ ships you. To you, all angels and all powers of heaven, cherubim and seraphim, sing in endless praise, ‘Holy, holy, holy, Lord, all the earth is full of your glory.’ The glorious company of apostles praise you. The fellowship of prophets praise you. The white-robed army of martyrs praise you. Throughout the world, the holy church acclaims you Father of majesty unbounded, your true and only Son worthy of all worship, and the Holy Spirit advocate and guide. You, Christ, are the King of glory, the Eternal Son of the Father. When you became man to set us free, you did not spurn the virgin’s womb. You overcame the sting of death and opened the kingdom of heaven to all believers. You are seated at the right hand in glory. We believe that you will come and be our judge. Come then, Lord, and help your people. Bought with the price of your own blood, bring us with the saints to lasting glory.” Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Emmons, Brandenburg and Hopgood entered the Senate Chamber. enator Bieda moved that Senators Ananich, Hertel, Hood, Johnson, Smith and Young be excused from today’s session. S The motion prevailed. enator Kowall moved that Senator Green be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senator Nofs be excused from today’s session. S The motion prevailed. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:06 a.m. 10:34 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senator Green entered the Senate Chamber. Senator Kowall moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today: Senate Bill No. 468 The motion prevailed, a majority of the members serving voting therefor. The following communication was received: Office of Senator Mike Nofs September 10, 2015 Pursuant to Senate Rule 1.110, I respectfully request that my name be added as a co‑sponsor of SB 439. No. 82] [September 16, 2015] JOURNAL OF THE SENATE Thank you for your attention to this request. The communication was referred to the Secretary for record. 1465 Sincerely, Mike Nofs State Senator 19th District The Secretary announced that the following bills and joint resolution were printed and filed on Thursday, September 10, and are available at the Michigan Legislature website: Senate Bill Nos. 439 440 441 442 443 444 445 446 447 448 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466 467 House Bill Nos. 4847 4848 4849 4850 4851 4852 4853 4854 4855 4856 4857 4858 4859 House Joint Resolution CC The Secretary announced that the following bills were printed and filed on Friday, September 11, and are available at the Michigan Legislature website: Senate Bill Nos. 469 470 471 472 473 474 475 476 477 478 479 480 481 482 483 484 485 486 487 488 489 490 House Bill Nos. 4860 4861 4862 4863 4864 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Hildenbrand as Chair­ person. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill: Senate Bill No. 306, entitled A bill to enter into the compact for a balanced budget. The bill was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 369, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4o (MCL 205.94o), as amended by 2012 PA 474. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 370, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4t (MCL 205.54t), as amended by 2010 PA 116. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 91, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811dd. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. 1466 JOURNAL OF THE SENATE [September 16, 2015] [No. 82 The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill: Senate Bill No. 468, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17739a, 17739b, and 17739c (MCL 333.17739a, 333.17739b, and 333.17739c), as added by 2014 PA 285. The following is the amendment recommended by the Committee of the Whole: 1. Amend page 5, following line 8, by inserting: “Sec. 17748a. (1) Beginning on the effective date of this section, SEPTEMBER 30, 2014, an applicant for a new pharmacy license for a pharmacy that will provide compounding services for sterile pharmaceuticals shall submit verification of current accreditation through a national accrediting organization approved by the board or verify the pharmacy is in the accreditation process. The department shall not issue a license to a pharmacy described in this subsection that is not accredited unless the applicant demonstrates compliance with USP standards in a manner determined by the board. (2) By 1 year after the effective date of this section, SEPTEMBER 30, 2016, a pharmacy that is licensed on the effective date of this section SEPTEMBER 30, 2014 and that provides compounding services for sterile pharmaceuticals must be accredited by a national accrediting organization approved by the board, be verified by the board as being in the accreditation process, or be in compliance with USP standards in a manner determined by the board. (3) Notwithstanding any provision of part 161 to the contrary, a pharmacy that provides compounding services for sterile pharmaceuticals shall submit with a license renewal application verification of current accreditation or compliance with USP standards, as applicable. (4) A person that provides services consistent with an outsourcing facility shall comply with requirements of the FDA applicable to compounding services for sterile pharmaceuticals. (5) A pharmacy shall notify the department of a complaint filed by another state in which the pharmacy is licensed for violations of that state’s pharmacy laws, an investigation by federal authorities regarding violations of federal law, or an investigation by any agency into violations of accreditation standards regarding compounding activities within 30 days of knowledge of the complaint or investigation. (6) Except for distribution within a hospital or another health care entity under common control when regulated by federal law, a pharmacist shall maintain a record of a compounded sterile pharmaceutical in the same manner and for the same retention period as prescribed in rules for other prescription records. The pharmacist shall include, but is not limited to including, all of the following information in the record required under this subsection: (a) The name, strength, quantity, and dosage form of the compounded pharmaceutical. (b) The formula to compound that includes mixing instructions, all ingredients and their quantities, and any additional information needed to prepare the compounded pharmaceutical. (c) The prescription number or assigned internal identification number. (d) The date of preparation. (e) The manufacturer and lot number of each ingredient. (f) The expiration or beyond-use date. (g) The name of the person who prepared the compounded pharmaceutical. (h) The name of the pharmacist who approved the compounded pharmaceutical. (7) A pharmacist shall not offer excess compounded pharmaceuticals to other pharmacies for resale. A compounding pharmacy shall not distribute samples or complimentary starter doses of a compounded pharmaceutical to a health professional. (8) A compounding pharmacy may advertise or otherwise promote the fact that they provide compounding services. (9) Based on the existence of a health professional/patient relationship and the presentation of a valid prescription, or in anticipation of the receipt of a prescription based on routine, regularly observed prescription patterns, a pharmacist may compound for a patient a nonsterile or sterile pharmaceutical that is not commercially available in the marketplace. (10) Notwithstanding any provision of this act to the contrary, a person shall not compound and manufacture drug products or allow the compounding and manufacturing of drug products at the same location. (11) The department, in consultation with the board, may promulgate rules regarding conditions and facilities for the compounding of nonsterile and sterile pharmaceuticals.”. The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 The motion prevailed. No. 82] [September 16, 2015] JOURNAL OF THE SENATE 1467 enator Johnson offered the following resolution: S Senate Resolution No. 89. A resolution to commemorate September 9, 2015, as Standing For Peace and Justice Day. Whereas, According to the Centers for Disease Control and Prevention (CDC), in 2010, killers used guns to murder 11,000 people in the United States, the latest year for which statistics are available. The same year, 20,000 others used guns to commit suicide, and 73,000 were rushed to hospital emergency rooms for gunshot wounds. Gun violence has claimed the lives of more than 30,000 men, women, and children in recent years. Doctors and public health specialists say gun violence is at epidemic levels, calling it a major public health threat; and Whereas, The Doctors for America organization, headquartered in Washington, D.C., has stated that every day 87 people die, and over 180 are injured due to gunshot wounds; and Whereas, The above statistics may not even capture the number of inner-city youth who are killed daily. While homicide is the leading cause of death among young African-American males between 14-34 years of age, such information is rarely included in the national debate about the epidemic of gun violence in America; and Whereas, According to a 2013 report by the Children’s Defense Fund (CDF), in 2010, 2,694 children and teens died from guns in the United States—one child or teen every three hours and 15 minutes, seven every day, 51 every week for a year. In 2010, more than six times as many children and teens—18,270—suffered nonfatal gun injuries as gun deaths. This is equal to one child or teen every 30 minutes, 50 every day, and 351 children and teens every week; and Whereas, State legislative bodies all across America have become stages for protest and wrenching testimony from families of people cut down by bullets, juxtaposed to lawmakers sparring over Second Amendment freedoms. All across this country, tens of thousands of voiceless parents have lost and are losing their children and loved ones to senseless violence, without our elected representatives proactively and responsibly addressing this issue; and Whereas, In an effort to protect our citizens, including our children, from unnecessary harm and injury, in the 1970s, the federal government created the Consumer Product Safety Commission (CPSC). Products of all types must meet standards set by the CPSC, except guns. In 1976, an amendment to the Consumer Product Safety Act specifically stated that the Commission shall make no ruling or order that restricts the manufacture or sale of guns or gun ammunition. As a result, the CPSC can regulate teddy bears and toy guns, but not real guns, despite the fact that they are one of the most lethal consumer products; and Whereas, America has laws that protect our children from products, activities, or situations that may cause them harm or injury before they reach a certain level of maturity—called the age of majority—which is, in most cases, 18 or 21 years of age. We make it illegal for them to purchase substances such as alcohol and tobacco. We limit activities such as driving, serving in the military, and even marriage without parental consent, but we haven’t done enough to protect children, teens, and young adults from access to illegal guns; and Whereas, For over 30 years, homicide—primarily gun violence—has been the leading cause of death among AfricanAmerican boys and young men between the ages of 14-34 years and is the second-leading cause of death among Latino youth in the same age group; and Whereas, Urban communities of color overwhelmingly bear the brunt of day-to-day gun violence in America, yet the U.S. Department of Justice’s final report titled “Vision 21,” calling for reform to the Victims of Crime Act (VOCA), clearly identifies African-American boys and men and their families as among the victims of crime populations in America who are underserved, encounter barriers to accessing services, and are most frequently denied services; and Whereas, In February of 2014, President Barack Obama launched the My Brother’s Keeper Initiative in response to “America’s mass numbness” to the plight of young black boys and young men; and Whereas, Congress allowed the 1994 ban on assault weapons to sunset in 2004, due to a drop in gun deaths and despite broad public support for the ban—71 percent of responders to a survey favored the ban; and Whereas, The U.S. Congress has willfully and consistently blocked the effectiveness of the CDC by cutting and blocking funding to this agency to support research into the behavioral, mental health, and social-economic issues that contribute to the homicide and gun violence crisis in America. As well, Congress has consistently underfunded and instituted struc­ tural restrictions that prevent the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) from effectively and comprehensively carrying out its role of oversight of the firearms industry; and Whereas, The Protection of Lawful Commerce in Arms Act was passed by Congress and signed into law on October 26, 2005, by President George W. Bush and became Public Law 109-92. This law effectively prevents victims of firearms violence in the United States from successfully suing manufacturers and dealers for negligence; thereby closing another avenue by which victims sought to get redress for suffering the senseless murders of their loved ones. The purpose of the act is to prevent firearms manufacturers and dealers from being held liable when crimes have been committed with their products; and Whereas, For over 30 years, Congress has consistently blocked the passage of numerous bills that would constitute sensible gun laws to protect the American public—including our children—and significantly curtail the proliferation of and access to illegal guns in America. Such laws include: • Requirement to report lost and stolen guns. • Enactment of an assault weapons and high-capacity magazine ban. 1468 JOURNAL OF THE SENATE [September 16, 2015] [No. 82 • Closing the Gun Show Loophole by enacting S. 843 and H.R. 2324. • Closing the Fire Sale Loophole by enacting H.R. 6664. • Repeal of the Tiahrt Amendment which restricts access of state and local law enforcement to gun trace data. ; and Whereas, In addition to the prevalence of individual murders, according to a report released by the Federal Bureau of Investigation (FBI) in 2014, from December 2000 to 2013, there were 160 active-shooter incidents, i.e., mass murders, in which 1,043 people in the U.S. were wounded or killed by active shooters attempting to kill people in confined and populated areas. The most deadly were the Virginia Tech massacre in 2007, in which 32 people were killed and 17 wounded; and the Aurora, Colorado, massacre in 2012, in which 12 people were killed and 58 wounded in a movie theater. These mass murder numbers include our national shame and anguish when 20 young children were massacred in 2012 at the Sandy Hook Elementary School in Connecticut; as well as the 2011 tragedy near Tucson, Arizona, when then-U.S. Rep­ ­resentative Gabrielle Giffords was shot in the head, 12 other people were seriously wounded, and six people were murdered by a deranged gunman. These four mass shootings are only a small percentage of the precious lives that have been tragically interrupted or lost due to mass murders by assault weapons; and Whereas, The National League of Cities (NLC), which represents and advocates for 19,000 cities, towns, and villages, representing more than 218 million Americans, has called upon Congress and the Administration to rethink public safety in our country. The NLC has also crafted a National Municipal Policy on Public Safety; and Whereas, Cities United, launched by Philadelphia Mayor Michael Nutter and New Orleans Mayor Mitch Landrieu, is the crime prevention arm of the National League of Cities and, as such, has launched a national effort to reduce violent deaths among African-American males. Its vision is that mayors and other municipal leaders across the country will form partnerships with other local officials, community leaders, families, youth, funders, and other stakeholders within their respective cities to champion strategies that reduce violence and violence-related deaths among African-American boys and men; and Whereas, The United States Congress has failed to enact measures that would protect the First Amendment rights of all American citizens—the right to life, liberty, and the pursuit of happiness; now, therefore, be it Resolved by the Senate, That we commemorate September 9, 2015, as Standing For Peace and Justice Day; and be it further Resolved, That we declare homicide in America as a national health crisis and demand that our duly-elected members of Congress come together in a bipartisan manner to address this crisis—to enact legislation and promote policies that protect the rights of all Americans to live in safe environments, free from random and needless gun violence. Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations. Senators Bieda, Booher, Hertel, Smith, Warren, Gregory and Marleau were named co‑sponsors of the resolution. enators Emmons, Booher, Schmidt, Hansen and Marleau offered the following resolution: S Senate Resolution No. 90. A resolution to commemorate September 2015 as Kinship Care Month. Whereas, Nationally, 2.7 million children are living with grandparents and other relatives in kinship care, of which over 183,000 of these young people reside in Michigan; and Whereas, Michiganders join to honor famous kinship caregivers, such as President George Washington, and grandparents and relatives residing in urban, rural, and suburban households in every county of Michigan who step forward out of love and loyalty to care for relatives when a child’s biological parents are no longer able to do so; and Whereas, Michiganders join to honor famous youth who were raised in kinship care, such as Maya Angelou and Sandra Day O’Connor, as well as those children residing in urban, rural, and suburban households in every county of Michigan who, through the unconditional support of grandparents and other relatives, have successfully addressed the emotional trauma of losing their parents; and Whereas, The public becomes increasingly aware of the challenges faced by children, grandparents, and other relatives in kinship care to work in partnership with the education, legal, social services, mental health, justice, and other systems to access services that can enable kinship youth to flourish in all facets of their lives; and Whereas, One in eleven of all children will live within a kinship family sometime during their childhood. Kinship care provides the best opportunity to retain the child’s cultural heritage and community ties; now, therefore, be it Resolved by the Senate, That the members of this legislative body hereby commemorate September 2015 as Kinship Care Month in the state of Michigan. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Families, Seniors and Human Services. The motion prevailed. Senators Bieda and Gregory were named co‑sponsors of the resolution. No. 82] [September 16, 2015] JOURNAL OF THE SENATE 1469 Introduction and Referral of Bills Senators Pavlov, Colbeck, Hansen, Booher, Proos, Shirkey and Knollenberg introduced Senate Bill No. 491, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1233b and 1531i (MCL 380.1233b and 380.1531i), section 1233b as amended by 1995 PA 289 and section 1531i as added by 2009 PA 202. The bill was read a first and second time by title and referred to the Committee on Education. Senators Brandenburg, Smith, Proos, Colbeck, Green, Horn, Knollenberg, Hansen, Robertson and Stamas introduced Senate Bill No. 492, entitled A bill to amend 1974 PA 269, entitled “Franchise investment law,” (MCL 445.1501 to 445.1546) by adding section 4b. The bill was read a first and second time by title and referred to the Committee on Commerce. Senators Proos, Brandenburg, Colbeck, Horn, Knollenberg, Robertson and Stamas introduced Senate Bill No. 493, entitled A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” (MCL 418.101 to 418.941) by adding section 120. The bill was read a first and second time by title and referred to the Committee on Commerce. Senators Emmons and Marleau introduced Senate Bill No. 494, entitled A bill to amend 1941 PA 207, entitled “Fire prevention code,” (MCL 29.1 to 29.33) by adding section 3f. The bill was read a first and second time by title and referred to the Committee on Education. Senators Warren, Gregory, Ananich, Hansen and Schuitmaker introduced Senate Bill No. 495, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3476 (MCL 500.3476), as added by 2012 PA 215. The bill was read a first and second time by title and referred to the Committee on Insurance. Senators Jones, Booher, Marleau and Schmidt introduced Senate Bill No. 496, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 312a (MCL 257.312a), as amended by 2013 PA 177. The bill was read a first and second time by title and referred to the Committee on Transportation. Senator Knezek introduced Senate Bill No. 497, entitled A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending sections 14e and 14f (MCL 722.124e and 722.124f), as added by 2015 PA 53. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senator Warren introduced Senate Bill No. 498, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 23g of chapter X (MCL 710.23g), as added by 2015 PA 54. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. 1470 JOURNAL OF THE SENATE [September 16, 2015] [No. 82 Senator Hertel introduced Senate Bill No. 499, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 5a (MCL 400.5a), as added by 2015 PA 55. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senator Horn introduced Senate Bill No. 500, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 44 (MCL 421.44), as amended by 2011 PA 269. The bill was read a first and second time by title and referred to the Committee on Economic Development and Inter­ national Investment. Statements Senators Green and Bieda asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Green’s statement is as follows: I would like to read to the members and the public this morning a Senate resolution passed by Congress in 1863: “Whereas, the Senate of the United States devoutly recognizing the Supreme Authority and just Government of Almighty God in all the affairs of men and of nations, has, by a resolution, requested the President to designate and set apart a day for national prayer and humiliation: And whereas, it is the duty of nations as well as of men to own their dependence upon the overruling power of God, to confess their sins and transgressions in humble sorrow yet with assured hope that genuine repentance will lead to mercy and pardon, and to recognize the sublime truth, announced in the Holy Scriptures and proven by all history: that those nations only are blessed whose God is the Lord.” enator Bieda’s statement is as follows: S Last week, I had the sad occasion of learning that a very young friend of mine passed away after his battle with cancer. Eric Berg of Southfield, son of Anne Berg and Robert Berg, Jr., was born October 7, 1982, in Chicago, Illinois. He died September 5 at the age of 32. Eric served in the office of former Representative Paul Condino in 2003-2004 as a legislative staffer policy intern. At the time, he was a U of M student, and we had interesting discussions about his course in life and what he wanted to do. He became very involved in the process, especially with developing school funding policy for schools distressed by the impacts of Proposal A, including the Southfield School District. Eric overcame many obstacles in life and did it with humor, charm, and a witty personality. Highly social, he enjoyed spending time with family and friends and was an avid poker player—never on state time—and a voracious reader. He loved animals and shared companionship with his four dachshunds Aces, Jack, Sandy, and Oliver. He volunteered his time for many social justice causes: legal aid for youth aging out of the foster care system, fighting for marriage equality, and connecting the legal community to Detroit’s underserved areas through pro bono, educational, and charitable efforts. He invested a considerable amount of time with pro bono work with the Transition to Independence Program at Wayne State University dedicated to increasing college access and improving the graduation rates of foster care youth in Southeast Michigan. He also was passionate about assisting with the work of Detroit Dog Rescue, Detroit’s first no-kill shelter. Eric was educated at the Southfield Public Schools. He graduated in 2001 from Southfield-Lathrup High School, where he earned varsity letters in swimming and golf and was an active member of the class of 2001. In middle and high school, he was a member of Boy Scout Troup 1677, where he enjoyed many activities. He ultimately earned the rank of Eagle Scout, the highest rank in scouting. Eric studied political science at the University of Michigan - Ann Arbor and graduated with a Bachelor of Arts with distinc­ tion in 2005. He then served for two years with Teach for America in Miami as a social studies teacher at Jose de Diego Middle School. He then earned his law degree from Wayne State University in 2011 and, after graduation, served as a clerk at the United States District Court for the Eastern District of Michigan for Judge Avern Cohn. He was an attorney with two law firms before opening his own practice earlier this year. Eric is survived by his parents Anne and Robert Berg; brother Justin, wife Jessica; twin brother Andrew, wife Margarita; sisters Laura, husband José Rodriguez; and Jacqueline, husband Tracy; his girlfriend Melissa Graybosch; and seven nieces and nephews, including his godson Oscar. He also leaves behind many aunts, uncles, cousins, and countless friends. No. 82] [September 16, 2015] JOURNAL OF THE SENATE 1471 I have known Eric for many years and have had the occasion to get work done outside my district. I would go to a coffee shop I called my undisclosed location, and I would always see Eric there. We kept in touch through law school and through the trials and tribulations of the bar exam and, after that, as he began his private practice. He was very passionate about many things and very involved in the community, so it’s very difficult for me and many of his friends to realize that he is gone. I chatted with Eric several weeks ago, and he was going through chemotherapy, but he seemed confident in the future. That’s the way I’d like to remember him, full of life, secure in his dreams for what should have been a much longer life. A moment of silence was observed in memory of Southfield resident Eric Berg. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:53 a.m. 11:12 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that the Committee on Education be discharged from further consideration of the following bill: House Bill No. 4517, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 863 (MCL 380.863). The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders. Senator Kowall moved that the bill be referred to the Committee on Appropriations. The motion prevailed. Committee Reports The Committee on Health Policy reported Senate Bill No. 468, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17739a, 17739b, and 17739c (MCL 333.17739a, 333.17739b, and 333.17739c), as added by 2014 PA 285. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Thursday, September 10, 2015, at 9:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood 1472 JOURNAL OF THE SENATE [September 16, 2015] [No. 82 he Committee on Energy and Technology reported T Senate Resolution No. 84. A resolution of tribute offered to honor Greg White upon the completion of his term on the Michigan Public Service Commission. (For text of resolution, see Senate Journal No. 80, p. 1437.) With the recommendation that the resolution be adopted. Mike Nofs Chairperson To Report Out: Yeas: Senators Nofs, Proos, Horn, Schuitmaker, Hune, Shirkey, Zorn, Hopgood, Knezek and Bieda Nays: None The resolution was placed on the order of Resolutions. COMMITTEE ATTENDANCE REPORT he Committee on Energy and Technology submitted the following: T Meeting held on Thursday, September 10, 2015, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Nofs (C), Proos, Horn, Schuitmaker, Hune, Shirkey, Zorn, Hopgood, Knezek and Bieda COMMITTEE ATTENDANCE REPORT he Subcommittee on K-12, School Aid, Education submitted the following: T Joint meeting held on Wednesday, September 16, 2015, at 8:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol  Build­ing Present: Senators Hansen (C), Pavlov and Hopgood Scheduled Meetings Agriculture - Thursday, September 17, 9:00 a.m., Room 110, Farnum Building (373-5312) Appropriations Subcommittees Higher Education and House Higher Education Appropriations Subcommittee - Thursday, September 24, 3:00 p.m. or later after committees are given leave by the House to meet, House Appropriations Room, 3rd Floor, Capitol Building (373-2768) State Police and Military Affairs - Tuesday, October 6, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Economic Development and International Investment - Thursday, September 17, 1:30 p.m., Room 210, Farnum Building (373-5323) Energy and Technology - Thursday, September 17, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Finance - Tuesdays, September 22 (CANCELED) and September 29, 2:30 p.m., Room 210, Farnum Building (373-5323) Judiciary - Tuesday, September 22, 3:00 p.m., Room 110, Farnum Building (373-1721) Senate Fiscal Agency Board of Governors - Thursday, September 24, 11:00 a.m. or later immediately following session, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) Veterans, Military Affairs and Homeland Security - Thursday, September 17, 2:00 p.m., Room 110, Farnum Building (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:13 a.m. No. 82] [September 16, 2015] JOURNAL OF THE SENATE 1473 The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, September 17, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1474 No. 83 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, September 17, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—excused O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1476 JOURNAL OF THE SENATE [September 17, 2015] [No. 83 enator Margaret E. O’Brien of the 20th District offered the following invocation: S Proverbs 3:13 says, “Blessed is the one who finds wisdom and the one who gets understanding.” When God had asked King Solomon about any blessing that he would like granted, King Solomon asked for wisdom. Lord, please bless us today as we stand in service for our communities and our state. Grant us wisdom as we cast votes. More importantly, grant us under­standing when we disagree. As we serve in this great state and nation, please hold a special place in Your heart for those who are struggling. Help them to find peace and strength as they overcome their struggles. Please provide protection to our troops who are defending our country and defending freedom and liberty every day. Also grant strength to their families to carry on, as each day they miss their loved ones who are serving. Please, Lord, bring them all home safely. It’s in Your name that we pray. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. The Assistant President pro tempore, Senator O’Brien, assumed the Chair. Motions and Communications enator Kowall moved that Senators Brandenburg and Shirkey be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senator Nofs be excused from today’s session. S The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Stamas admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Hansen as Chair­ person. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4193, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 328 (MCL 257.328), as amended by 2004 PA 52. House Bill No. 4389, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 4a. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendments, the following bill: House Bill No. 4354, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2021, 2108, 2112, 2406, 2458, 2606, and 2652 (MCL 500.2021, 500.2108, 500.2112, 500.2406, 500.2458, 500.2606, and 500.2652), section 2021 as added by 1982 PA 7, section 2112 as amended by 2012 PA 454, section 2406 as amended by 1993 PA 200, and section 2458 as amended by 1988 PA 262. No. 83] [September 17, 2015] JOURNAL OF THE SENATE 1477 The following are the amendments recommended by the Committee of the Whole: 1. Amend page 4, line 1, after “MCL 445.1902.” by inserting “HOWEVER, TRADE SECRET DOES NOT INCLUDE FILINGS AND INFORMATION ACCOMPANYING FILINGS UNDER THIS SECTION THAT WERE SUBJECT TO PUBLIC INSPECTION BEFORE THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SENTENCE.”. 2. Amend page 8, line 8, after “MCL 445.1902.” by inserting “HOWEVER, TRADE SECRET DOES NOT INCLUDE FILINGS AND INFORMATION ACCOMPANYING FILINGS UNDER THIS SECTION THAT WERE SUBJECT TO PUBLIC INSPECTION BEFORE THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION.”. 3. Amend page 10, line 23, after “MCL 445.1902.” by inserting “HOWEVER, TRADE SECRET DOES NOT INCLUDE FILINGS AND INFORMATION ACCOMPANYING FILINGS UNDER THIS SECTION THAT WERE SUBJECT TO PUBLIC INSPECTION BEFORE THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SENTENCE.”. The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senators Brandenburg and Shirkey entered the Senate Chamber. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Young entered the Senate Chamber. enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 4070 Senate Bill No. 150 Senate Bill No. 310 Senate Bill No. 364 Senate Bill No. 365 Senate Bill No. 369 Senate Bill No. 370 Senate Bill No. 306 Senate Bill No. 91 Senate Bill No. 468 The motion prevailed. The following bill was read a third time: House Bill No. 4070, entitled A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2014 PA 190. The question being on the passage of the bill, Senator Knezek offered the following amendments: 1. Amend page 3, line 8, after “25,000” by striking out “30,000” and inserting “40,000”. 2. Amend page 3, line 13, after “25,000” by striking out “30,000” and inserting “40,000”. 3. Amend page 3, line 26, after “25,000” by striking out “30,000” and inserting “40,000”. The amendments were adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 358 Bieda Booher Yeas—34 Hood Hopgood MacGregor Schmidt Marleau Schuitmaker 1478 JOURNAL OF THE SENATE [September 17, 2015] [No. 83 Casperson Horn Meekhof Shirkey Emmons Hune O’Brien Smith Green Johnson Pavlov Stamas Gregory Jones Proos Warren Hansen Knezek Robertson Young Hertel Knollenberg Rocca Zorn Hildenbrand Kowall Nays—2 Brandenburg Colbeck Excused—1 Nofs Not Voting—1 Ananich In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 150, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding sec­ tion 3406t. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 359 Yeas—37 Ananich Hertel Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Marleau Shirkey Casperson Horn Meekhof Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Nays—0 No. 83] [September 17, 2015] JOURNAL OF THE SENATE 1479 Excused—1 Nofs Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 310, entitled A bill to prohibit an employer from discriminating against, disciplining, or discharging an employee who is absent from work to respond to an emergency as a civil air patrol volunteer; and to provide remedies for a violation of this act. The question being on the passage of the bill, Senator Ananich offered the following amendment: 1. Amend page 2, following line 25, by inserting: “Enacting section 2. This act does not take effect unless Senate Bill No. 397 of the 98th Legislature is enacted into law.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 360 Ananich Bieda Gregory Yeas—12 Hertel Hood Hopgood Johnson Rocca Knezek Warren Marleau Young Nays—25 Booher Hildenbrand MacGregor Schmidt Brandenburg Horn Meekhof Schuitmaker Casperson Hune O’Brien Shirkey Colbeck Jones Pavlov Smith Emmons Knollenberg Proos Stamas Green Kowall Robertson Zorn Hansen Excused—1 Nofs Not Voting—0 In The Chair: President 1480 JOURNAL OF THE SENATE [September 17, 2015] [No. 83 The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 361 Yeas—37 Ananich Hertel Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Marleau Shirkey Casperson Horn Meekhof Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Nays—0 Excused—1 Nofs Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 364, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 4ee; and to repeal acts and parts of acts. The question being on the passage of the bill, Senator Warren offered the following amendment: 1. Amend page 1, line 2, after “ACT.” by inserting “UPON THE RETAIL SALE OR TRANSFER OF A FIREARM, THE SELLER SHALL PROVIDE A WRITTEN NOTICE TO THE PURCHASER AND SHALL POST IN A CONSPICUOUS MANNER AT ALL POINTS OF SALE ON THE PREMISES WHERE FIREARMS ARE SOLD A NOTICE THAT SAYS THE FOLLOWING: “THE STATE OF MICHIGAN HAS EXEMPTED THE SALE OF FIREARM SAFETY DEVICES FROM THE SALES AND USE TAX IMPOSED BY THIS STATE THROUGH DECEMBER 31, 2017.”.”. The amendment was adopted, a majority of the members serving voting therefor. Senator Knezek offered the following amendment: 1. Amend page 1, following line 6, by inserting: “Enacting section 2. The legislature shall annually appropriate sufficient funds from the state general fund to the state school aid fund created in section 11 of article IX of the state constitution of 1963 to fully compensate for any loss of revenue to the state school aid fund resulting from the enactment of this amendatory act.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: No. 83] Roll Call No. 362 [September 17, 2015] JOURNAL OF THE SENATE Yeas—13 Ananich Hood Jones Warren Bieda Hopgood Knezek Young Gregory Johnson Rocca Zorn Hertel Nays—24 Booher Hansen MacGregor Robertson Brandenburg Hildenbrand Marleau Schmidt Casperson Horn Meekhof Schuitmaker Colbeck Hune O’Brien Shirkey Emmons Knollenberg Pavlov Smith Green Kowall Proos Stamas Excused—1 Nofs Not Voting—0 In The Chair: President he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 363 Yeas—37 Ananich Hertel Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Marleau Shirkey Casperson Horn Meekhof Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Nays—0 Excused—1 Nofs 1481 1482 JOURNAL OF THE SENATE [September 17, 2015] [No. 83 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 365, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 4cc; and to repeal acts and parts of acts. The question being on the passage of the bill, Senator Warren offered the following amendment: 1. Amend page 1, line 2, after “DEVICES.” by inserting “UPON THE RETAIL SALE OR TRANSFER OF A FIREARM, THE SELLER SHALL PROVIDE A WRITTEN NOTICE TO THE PURCHASER AND SHALL POST IN A CONSPICUOUS MANNER AT ALL POINTS OF SALE ON THE PREMISES WHERE FIREARMS ARE SOLD A NOTICE THAT SAYS THE FOLLOWING: “THE STATE OF MICHIGAN HAS EXEMPTED THE SALE OF FIREARM SAFETY DEVICES FROM THE SALES AND USE TAX IMPOSED BY THIS STATE THROUGH DECEMBER 31, 2017.”.”. The amendment was adopted, a majority of the members serving voting therefor. Senator Knezek offered the following amendment: 1. Amend page 1, following line 7, by inserting: “Enacting section 2. The legislature shall annually appropriate sufficient funds from the state general fund to the state school aid fund created in section 11 of article IX of the state constitution of 1963 to fully compensate for any loss of revenue to the state school aid fund resulting from the enactment of this amendatory act.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 364 Yeas—13 Ananich Hood Jones Warren Bieda Hopgood Knezek Young Gregory Johnson Rocca Zorn Hertel Nays—24 Booher Hansen MacGregor Robertson Brandenburg Hildenbrand Marleau Schmidt Casperson Horn Meekhof Schuitmaker Colbeck Hune O’Brien Shirkey Emmons Knollenberg Pavlov Smith Green Kowall Proos Stamas Excused—1 Nofs No. 83] [September 17, 2015] JOURNAL OF THE SENATE 1483 Not Voting—0 In The Chair: President he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 365 Yeas—37 Ananich Hertel Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Marleau Shirkey Casperson Horn Meekhof Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Nays—0 Excused—1 Nofs Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 369, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4o (MCL 205.94o), as amended by 2012 PA 474. The question being on the passage of the bill, Senator Knezek offered the following amendment: 1. Amend page 8, following line 4, by inserting: “(8) THE LEGISLATURE WILL APPROPRIATE SUFFICIENT FUNDS FROM THE GENERAL FUND TO THE STATE SCHOOL AID FUND TO FULLY COMPENSATE FOR ANY LOSS OF REVENUE TO THE STATE SCHOOL AID FUND RESULTING FROM THE ENACTMENT OF THIS LEGISLATION.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: 1484 Roll Call No. 366 JOURNAL OF THE SENATE [September 17, 2015] Yeas—13 Ananich Hood Jones Warren Bieda Hopgood Knezek Young Gregory Johnson Rocca Zorn Hertel Nays—24 Booher Hansen MacGregor Robertson Brandenburg Hildenbrand Marleau Schmidt Casperson Horn Meekhof Schuitmaker Colbeck Hune O’Brien Shirkey Emmons Knollenberg Pavlov Smith Green Kowall Proos Stamas Excused—1 Nofs Not Voting—0 In The Chair: President he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 367 Yeas—37 Ananich Hertel Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Marleau Shirkey Casperson Horn Meekhof Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Nays—0 Excused—1 Nofs [No. 83 No. 83] [September 17, 2015] JOURNAL OF THE SENATE 1485 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 370, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4t (MCL 205.54t), as amended by 2010 PA 116. The question being on the passage of the bill, Senator Knezek offered the following amendment: 1. Amend page 7, following line 27, by inserting: “(8) THE LEGISLATURE WILL APPROPRIATE SUFFICIENT FUNDS FROM THE GENERAL FUND TO THE STATE SCHOOL AID FUND TO FULLY COMPENSATE FOR ANY LOSS OF REVENUE TO THE STATE SCHOOL AID FUND RESULTING FROM THE ENACTMENT OF THIS LEGISLATION.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 368 Yeas—13 Ananich Hood Jones Warren Bieda Hopgood Knezek Young Gregory Johnson Rocca Zorn Hertel Nays—24 Booher Hansen MacGregor Robertson Brandenburg Hildenbrand Marleau Schmidt Casperson Horn Meekhof Schuitmaker Colbeck Hune O’Brien Shirkey Emmons Knollenberg Pavlov Smith Green Kowall Proos Stamas Excused—1 Nofs Not Voting—0 In The Chair: President he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: 1486 JOURNAL OF THE SENATE [September 17, 2015] Roll Call No. 369 Yeas—37 Ananich Hertel Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Marleau Shirkey Casperson Horn Meekhof Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Nays—0 Excused—1 Nofs Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 306, entitled A bill to enter into the compact for a balanced budget. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 370 Yeas—26 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune O’Brien Schuitmaker Colbeck Jones Pavlov Shirkey Emmons Knollenberg Proos Stamas Green Kowall Robertson Zorn Hansen MacGregor Nays—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Excused—1 Nofs [No. 83 No. 83] [September 17, 2015] JOURNAL OF THE SENATE 1487 Not Voting—0 In The Chair: President he Senate agreed to the title of the bill. T Senators Brandenburg, Emmons, Hansen, Hune, Knollenberg, Kowall, Meekhof, Pavlov, Proos, Schmidt, Schuitmaker, Shirkey and Zorn were named co‑sponsors of the bill. Senators Green and Robertson asked and were granted unanimous consent to make statements and moved that the state­ ments be printed in the Journal. The motion prevailed. Senator Green’s statement is as follows: Folks, I believe in the power of the states. Article V of the U.S. Constitution grants states the ability to provide leader­ ship when required by proposing constitutional amendments. Senate Bill No. 306 is an updated approach to the balanced budget amendment. This new approach speeds up the Article V process by having states enter into an interstate compact; 38 would be required. It avoids the common objections to an Article V convention and fast-tracks potential adoption. With the ongoing financial crisis and political gridlock in Washington, D.C., there is no more appropriate time for us to act other than now. The only permanent solution to the problem, regardless of who controls what branch of government, is a balanced budget amendment proposed by the states. While Republicans and Democrats may not always agree on how much money to spend and where to spend it, I hope that we can all agree that government at all levels should balance its budget. Thank you for your time, and I urge your support. Senator Robertson’s statement is as follows: Senate Bill No. 306 is a very well-written piece of legislation, and I’m proud to be a co‑sponsor. I want to thank the sponsor for bringing forward this issue of a balanced budget, as he has in previous sessions. Michigan requires a balanced budget in our own Constitution, and I believe what’s good for Michigan is good for the nation. I also want to state for the record that I believe that balancing the federal budget is not merely a fiscal issue, but most importantly, it’s a moral issue as well. Regardless of the philosophies of the two parties, whether it’s a belief in a limited role for government or an activist role for government, it is wrong to pile debt upon our children, grandchildren, and greatgrandchildren. By my reading, Senate Bill No. 306 is a thoughtful, well-reasoned, and tightly-worded effort to anticipate every conceivable issue that could arise from a convention called under Article V. The compact method is a much-improved approach over previous efforts. The language of Senate Bill No. 306 contains limitations on the convention, strong enforcement procedures, and throughout there are belts and suspenders on every major issue. I support its passage and encourage your “yes” vote. The following bill was read a third time: Senate Bill No. 91, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811dd. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 371 Yeas—37 Ananich Hertel Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Marleau Shirkey Casperson Horn Meekhof Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren 1488 JOURNAL OF THE SENATE [September 17, 2015] [No. 83 Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Nays—0 Excused—1 Nofs Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. Senator Stamas asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Stamas’ statement is as follows: It is truly my pleasure to have some friends here at the Capitol today. I am joined by 10 of the 12 players and their parents of the Midland Northwest Little League All Stars. Coach Chris Heeny is here with me on the floor, as well as Repre­sen­ tative Glenn. The team defeated Bay City, Senate District No. 31, the good Senator’s team, and won the state championship for 9- and 10-year-olds. This is the highest level you can reach at that age, so it is a huge accomplishment for the team. I am honored to give a tribute to the team and coach signed on behalf of myself, Governor Snyder, and Representative Glenn. Please join me in congratulating and welcoming to the Capitol the team and coach. The following bill was read a third time: Senate Bill No. 468, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17739a, 17739b, and 17739c (MCL 333.17739a, 333.17739b, and 333.17739c), as added by 2014 PA 285. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 372 Ananich Bieda Booher Casperson Emmons Green Gregory Hansen Hertel Yeas—34 Hildenbrand Kowall Rocca Hood MacGregor Schmidt Hopgood Marleau Schuitmaker Horn Meekhof Shirkey Hune O’Brien Stamas Johnson Pavlov Warren Jones Proos Young Knezek Robertson Zorn Knollenberg Nays—3 Brandenburg Colbeck Smith No. 83] [September 17, 2015] JOURNAL OF THE SENATE 1489 Excused—1 Nofs Not Voting—0 In The Chair: President enator Green offered to amend the title to read as follows: S A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17739a, 17739b, 17739c, and 17748a (MCL 333.17739a, 333.17739b, 333.17739c, and 333.17748a), sections 17739a, 17739b, and 17739c as added by 2014 PA 285 and section 17748a as added by 2014 PA 280. The amendment to the title was adopted. The Senate agreed to the title as amended. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 62, entitled A bill to amend 1937 PA 103, entitled “An act to prescribe certain conditions relative to the execution of instruments entitled to be recorded in the office of the register of deeds,” by amending section 3 (MCL 565.203). The House of Representatives has passed the bill and ordered that the bill be given immediate effect. Senator Kowall moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 281, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8322 (MCL 600.8322), as amended by 2005 PA 326. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 84 The motion prevailed. enator Meekhof offered the following resolution: S Senate Resolution No. 91. A resolution to amend the Standing Rules of the Senate. Resolved by the Senate, That Rule 2.103 of the Standing Rules of the Senate are hereby amended to read as follows: “2.103 STANDING COMMITTEES The standing committees of the Senate shall be: Agriculture (5 members) Appropriations (17 members) 1490 JOURNAL OF THE SENATE [September 17, 2015] [No. 83 anking and Financial Institutions (8 members) B Commerce (5 members) Economic Development and International Investment (7 members) Education (5 members) Elections and Government Reform (5 members) Energy and Technology (10 members) Families, Seniors and Human Services (5 members) Finance (7 members) Government Operations (5 members) Health Policy (10 members) Insurance (9 members) Judiciary (5 members) Local Government (5 members) Michigan Competitiveness (5 members) Natural Resources (5 members) Outdoor Recreation and Tourism (5 members) OVERSIGHT (5 MEMBERS) Regulatory Reform (9 members) Transportation (5 members) Veterans, Military Affairs and Homeland Security (5 members) Statutory standing committees: Administrative Rules (5 members) (see MCL 24.235) Legislative Council (6 members and 3 alternates) (see MCL 4.1103) Legislative Retirement Board of Trustees (2 members) (see MCL 38.1026) Michigan Capitol Committee (4 members) (see MCL 4.1701)”. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted, a majority of the members serving voting therefor. By unanimous consent the Senate returned to the order of Motions and Communications The Secretary announced that the Majority Leader has made the appointment of the following standing committee: Oversight - Senators MacGregor (C), Kowall (VC), Stamas, Schuitmaker and Gregory (MVC). The standing committee appointments were approved, a majority of the members serving voting therefor. The following communications were received: Department of State Administrative Rules Notices of Filing September 15, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-008-LR (Secretary of State Filing #15-09-01) on this date at 4:00 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Workers’ Compensation Health Care Services.” These rules become effective immediately upon filing with the Secretary of State. September 15, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2012-116-LR (Secretary of State Filing #15-09-03) on this date at 4:01 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Board of Physical Therapy - General Rules.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. No. 83] [September 17, 2015] JOURNAL OF THE SENATE 1491 September 15, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2012-113-LR (Secretary of State Filing #15-09-04) on this date at 4:01 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Psychology - General Rules.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. September 15, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-043-NR (Secretary of State Filing #15-09-02) on this date at 4:01 p.m. for the Department of Natural Resources, entitled “Watercraft Rented to Public.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin. L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, September 16: House Bill Nos. 4438 4563 4658 By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senators Stamas, Horn, Schmidt and Hansen introduced Senate Bill No. 501, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 302a (MCL 257.302a), as amended by 2006 PA 298. The bill was read a first and second time by title and referred to the Committee on Transportation. Senators Marleau, Shirkey, Jones, Stamas and Robertson introduced Senate Bill No. 502, entitled A bill to amend 1984 PA 323, entitled “The health care false claim act,” by amending section 4a (MCL 752.1004a), as added by 2004 PA 411. The bill was read a first and second time by title and referred to the Committee on Health Policy. House Bill No. 4438, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17744a (MCL 333.17744a), as added by 2013 PA 186, and by adding section 17744d. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Health Policy. House Bill No. 4563, entitled A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” by amending section 110c (MCL 41.110c), as added by 1989 PA 77. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Local Government. 1492 JOURNAL OF THE SENATE [September 17, 2015] [No. 83 House Bill No. 4658, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 6096. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Statements Senators Bieda and Colbeck asked and were granted unanimous consent to make statements and moved that the state­ ments be printed in the Journal. The motion prevailed. Senator Bieda’s statement is as follows: I wanted to rise in observance of Constitution Day. Today is an American holiday, a federal observance that recognizes the adoption of the United States Constitution, as well as those who have become U.S. citizens. It’s normally observed on September 17, the day in 1787 when delegates to the Constitutional Convention signed the document in Philadelphia. It’s actually a relatively recent law. It was established as a federal holiday in 2004 with the passage of an amendment by Senator Robert Byrd to the omnibus spending bill of 2004. Before this law was enacted, the holiday was known as Citizenship Day. In addition to renaming the holiday Constitution Day and Citizenship Day, the act mandates that all publicly-funded educational institutions and all federal agencies provide educational programing on the history of the American Constitution on that day. In May of 2005, the United States Department of Education announced the enactment of this law and that it would apply to any school receiving federal funds of any kind. This holiday is not observed by granting time off from work for federal employees. I think it is really important that we recognize and remember the sacrifices of our Founding Fathers, and take the time to actually read the document and understand it. As somebody who serves in public service, I think one of the most misquoted documents out there is probably the U.S. Constitution, and so I certainly appreciate the observance of this holiday. Thank you for your consideration. enator Colbeck’s statement is as follows: S Today is a very special day in American history as we are celebrating Constitution Day. For all of the students up in the Gallery, I just want to make sure that we all take to heart a quote from our first Chief Justice of the Supreme Court, one of our Founding Fathers, and one of the authors of the Federalist Papers, John Jay. He once wisely said that every member of the state should diligently read and study the Constitution of its country. By knowing their rights, they would perceive when they’re violated and be better able to defend and assert them. That is my charge to everyone in this fine establish­ ment. Please note that he didn’t just say every student should read the Constitution; he said every member of this country. I encourage everyone here to take some time and go out and read their Constitution. It doesn’t take very long as it is a very short document, and I hope that we celebrate this day and memorialize it in style. enator Kowall moved that when the Senate adjourns today, it stand adjourned until Thursday, September 24, at 10:00 a.m. S The motion prevailed. Committee Reports The Committee on Appropriations reported House Bill No. 4517, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 863 (MCL 380.863). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill was referred to the Committee of the Whole. No. 83] [September 17, 2015] JOURNAL OF THE SENATE 1493 COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, September 16, 2015, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Excused: Senator Nofs he Committee on Natural Resources reported T Senate Concurrent Resolution No. 11. A concurrent resolution to urge the Congress of the United States to restore Great Lakes Restoration Initiative funding to $300 million for fiscal year 2016. (For text of resolution, see Senate Journal No. 38, p. 513.) With the recommendation that the concurrent resolution be adopted. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Pavlov, Robertson and Warren Nays: None The concurrent resolution was placed on the order of Resolutions. he Committee on Natural Resources reported T Senate Concurrent Resolution No. 14. A concurrent resolution to oppose the United States Environmental Protection Agency’s efforts to study or commission a study that could lead to regulations on grills and barbecues. (For text of resolution, see Senate Journal No. 46, p. 708.) With the recommendation that the concurrent resolution be adopted. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Pavlov and Robertson Nays: Senator Warren The concurrent resolution was placed on the order of Resolutions. he Committee on Natural Resources reported T Senate Resolution No. 42. A resolution to urge the Congress of the United States to restore Great Lakes Restoration Initiative funding to $300 million for fiscal year 2016. (For text of resolution, see Senate Journal No. 38, p. 513.) With the recommendation that the resolution be adopted. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Pavlov, Robertson and Warren Nays: None The resolution was placed on the order of Resolutions. he Committee on Natural Resources reported T Senate Resolution No. 56. A resolution to oppose the United States Environmental Protection Agency’s efforts to study or commission a study that could lead to regulations on grills and barbecues. (For text of resolution, see Senate Journal No. 46, p. 708.) With the recommendation that the resolution be adopted. Thomas A. Casperson Chairperson 1494 JOURNAL OF THE SENATE [September 17, 2015] [No. 83 To Report Out: Yeas: Senators Casperson, Pavlov and Robertson Nays: Senator Warren The resolution was placed on the order of Resolutions. he Committee on Natural Resources reported T Senate Resolution No. 79. A resolution to encourage the United States Forest Service to issue the owners of privately-held hunting camps on leased acres within the Ottawa National Forest special use authorization under the Recreation Residence Program or to renew or grandfather lease agreements with those remaining 104 leaseholders. (For text of resolution, see Senate Journal No. 61, p. 1355.) With the recommendation that the following substitute (S-1) be adopted and that the resolution then be adopted: A resolution to encourage the United States Forest Service to issue the owners of privately-held hunting camps on leased acres within the Ottawa National Forest special use authorization under the Recreation Residence Program. Whereas, Starting in the late 1950s, Michigan residents were offered an opportunity to lease privately-owned land from the Upper Peninsula Power Company (UPPCO) to build recreational hunting camps. In 1991, the UPPCO announced intentions to sell the land currently under lease to an intermediary who would simultaneously sell the land to the United States Forest Service (USFS). Existing leaseholders were offered an option to sign a 25-year, nonrenewable lease on the land that was to be sold or to immediately vacate the property. The leases were signed in March of 1992, and the United States Forest Service (USFS) took control of the land in June 1992. The land currently under private lease accounts for less than 1,100 acres in the Ottawa National Forest; and Whereas, Hundreds of people have experienced the wonders of Michigan’s great outdoors at these hunting camps. The Ottawa National Forest is almost one million acres of rolling hills, lakes, rivers, waterfalls, and abundant wildlife. Those who lease land in the forest have built outdoor recreational traditions with their families. The hunting camps allow them to experience the seclusion and isolated environment of the Ottawa National Forest while engaging in varied recreational activities, including hunting, fishing, canoeing, and snowshoeing; and Whereas, The USFS has informed leaseholders that leases will not be renewed at the end of 2016 because it is national policy not to lease national forest land to individuals. The holders of the active leases will have 90 days after the leases expire to remove the hunting cabins and return the land to its natural state; and Whereas, The expiration of the leases will hurt local economies in Ontonagon and Gogebic Counties. It will result in over $35,000 in lost lease fee revenue to the townships and almost $10,000 in tax revenue to the counties. Even a greater loss will be realized by local businesses, including gas stations, grocery stores, hardware stores, and restaurants that benefit from the patronage of the camp families; and Whereas, The expiration of the leases will eliminate refuge for people from the occasionally harsh and unexpected shifts in weather conditions. The Ottawa National Forest covers a large area in the Western Upper Peninsula. Camp owners often leave their cabins or outbuildings unlocked to the relief of individuals stranded in the woods who have sought shelter. A Boy Scout troop once sheltered at the Twin Pines camp after being caught in a storm, and a group of snowmobilers is known to regularly rest at one of the camps; and Whereas, The USFS Recreation Residence Program provides private citizens an opportunity to own single-family cabins in designated areas of national forests. Currently, 15,570 recreation residences occupy national forest system lands throughout the country; and Whereas, Although the National Forest Service placed a moratorium on the establishment of new tracts under the Recreation Residence program in 1968, the authority to issue special use authorization under the Recreation Residence program remains in federal regulations (36 CFR Part 251). Therefore, lifting that moratorium for the limited purpose of establishing a Recreation Residence tract in the Ottawa National Forest and issuing special use authorization permits is possible and would allow the many families currently leasing in the Ottawa National Forest an opportunity that is provided to thousands of people elsewhere in the country; and Whereas, Converting to the Recreation Residence Program would maintain a tax base for local governments, provide continuing support for the local economy, and ensure that hunting and recreational traditions held so dear by Michigan residents continue to be experienced in the Ottawa National Forest; now, therefore, be it Resolved by the Senate, That we encourage the United States Forest Service to issue the owners of privately-held camps on leased acres within the Ottawa National Forest special use authorization under the Recreation Residence Program; and be it further Resolved, That copies of this resolution be transmitted to the Chief of the United States Forest Service and the members of the Michigan congressional delegation. Thomas A. Casperson Chairperson No. 83] [September 17, 2015] JOURNAL OF THE SENATE 1495 To Report Out: Yeas: Senators Casperson, Pavlov, Robertson and Warren Nays: None The resolution and the substitute recommended by the committee were placed on the order of Resolutions. COMMITTEE ATTENDANCE REPORT he Committee on Natural Resources submitted the following: T Meeting held on Wednesday, September 16, 2015, at 12:30 p.m., Room 210, Farnum Building Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren Scheduled Meetings Appropriations Subcommittees Higher Education and House Higher Education Appropriations Subcommittee - Thursday, September 24, 3:00 p.m. or later after committees are given leave by the House to meet, House Appropriations Room, 3rd Floor, Capitol Building (373-2768) State Police and Military Affairs - Tuesday, October 6, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Finance - Tuesdays, September 22 (CANCELED) and September 29, 2:30 p.m., Room 210, Farnum Building (373-5323) Judiciary - Tuesday, September 22, 3:00 p.m., Room 110, Farnum Building (373-1721) Senate Fiscal Agency Board of Governors - Thursday, September 24, 11:00 a.m. or later immediately following session, Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:15 a.m. In pursuance of the order previously made, the President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, September 24, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1496 No. 84 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, September 24, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—excused Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1498 JOURNAL OF THE SENATE [September 24, 2015] [No. 84 ipe Carrier Dwight “Bucko” Teeple of Bay Mills Indian Community of Brimley offered the following invocation: P We pray and give thanks with our pipe and our tobacco. We pray to the east, the eastern grandfather, the eastern wind, and the eastern thunder, and we ask blessings on this house. We ask for blessings for everyone who attends here today. We pray and give thanks to the south, the southern wind, and the southern thunder and ask for blessings. We pray and give thanks with our tobacco to the western wind and thunder and ask for blessings. We pray and give thanks to the northern grandfather and ask for blessings. We offer tobacco to the earth, that direction beneath us, that provides for us our food, clothing, shelter, and medicines. We ask her to give us sustenance this day. We offer the tobacco to that direction above where we look with knowledge to the Creator, the Great Spirit, God, Dijando— however you acknowledge that great mystery. We ask with our tobacco that you would open up our minds and hearts so that we might walk together into the future in a good way. These are the things that we pray for this day with our pipe and tobacco. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Hopgood and Nofs entered the Senate Chamber. enator Kowall moved that Senators Brandenburg and Casperson be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senator Proos be excused from today’s session. S The motion prevailed. enator Hood moved that Senators Young and Johnson be temporarily excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Jones and Colbeck admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Senators Young and Casperson entered the Senate Chamber. The following communications were received: Department of State Administrative Rules Notices of Filing September 16, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-052-CO (Secretary of State Filing #15-09-06) on this date at 3:31 p.m. for the Department of Corrections, entitled “General Rules.” These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. September 16, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-045-HS (Secretary of State Filing #15-09-05) on this date at 3:31 p.m. for the Department of Health and Human Services, entitled “Child Placing Agencies.” No. 84] [September 24, 2015] JOURNAL OF THE SENATE 1499 These rules become effective 7 days after filing with the Secretary of State under MCL 24.244(1) of 1969 PA 306. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The following communication was received: Office of the Senate Minority Leader Please add me as a co‑sponsor to SB 324 and SB 325. The communication was referred to the Secretary for record. September 17, 2015 Sincerely, Jim Ananich 27th District Senate Minority Leader The Secretary announced that the following House bills were received in the Senate and filed on Thursday, September 17: House Bill Nos. 4604 4790 The Secretary announced that the following bills were printed and filed on Thursday, September 17, and are available at the Michigan Legislature website: Senate Bill Nos. 491 492 493 494 495 496 497 498 499 500 House Bill Nos. 4865 4866 4867 4868 4869 4870 4871 4872 4873 4874 The Secretary announced that the following bills were printed and filed on Friday, September 18, and are available at the Michigan Legislature website: Senate Bill Nos. 501 502 House Bill Nos. 4875 4876 4877 4878 4879 4880 4881 4882 4883 4884 4885 The Secretary announced that the following bills and joint resolution were printed and filed on Wednesday, September 23, and are available at the Michigan Legislature website: House Bill Nos. 4886 4887 4888 4889 4890 4891 4892 4893 4894 4895 4896 4897 4898 4899 4900 4901 4902 4903 4904 4905 House Joint Resolution DD Senator Kowall moved that rule 3.902 be suspended to allow his guests admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:12 a.m. 10:21 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator Kowall introduced winners of the Fifth Third Bank LLC Michigan State Fair Urban and Rural Agricultural Scholarship and Blair Bowman, owner of Suburban Collection Showplace; and honored the scholarship recipients. Mr. Bowman responded briefly. 1500 JOURNAL OF THE SENATE [September 24, 2015] [No. 84 Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today: House Bill No. 4521 House Bill No. 4527 The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved that the rules be suspended and that the following resolutions, now on Committee Reports, be placed on the Resolutions calendar for consideration today: Senate Resolution No. 59 Senate Resolution No. 87 The motion prevailed, a majority of the members serving voting therefor. Messages from the Governor The following messages from the Governor were received and read: September 22, 2015 I respectfully submit to the Senate the following appointments to office: Education Commission of the States Karen McPhee of 202 W. Main Street, Unit #202, Lowell, Michigan 49331, county of Kent, succeeding Gregory Tedder, is appointed for a term expiring at the pleasure of the Governor. Brian J. Whiston of 2364 Fieldstone Drive #27, Okemos, Michigan 48864, county of Ingham, succeeding Michael Flanagan, is appointed for a term expiring at the pleasure of the Governor. Eileen L. Weiser of 855 Colliston Road, Ann Arbor, Michigan 48105, county of Washtenaw, serving as the Governor’s proxy, is appointed for a term expiring at the pleasure of the Governor. September 22, 2015 I respectfully submit to the Senate the following appointments to office: Midwestern Higher Education Commission Karen McPhee of 202 W. Main Street, Unit #202, Lowell, Michigan 49331, county of Kent, succeeding Eileen Weiser, is appointed for a term expiring at the pleasure of the Governor. Brian J. Whiston of 2364 Fieldstone Drive #27, Okemos, Michigan 48864, county of Ingham, succeeding Michael Flanagan, is appointed to serve as an ex-officio at the pleasure of the Governor. Steven C. Ender of 232 Hollister Avenue, S.E., Grand Rapids, Michigan 49506, county of Kent, succeeding Conway Jeffress, is appointed for a term expiring March 8, 2019. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Gregory as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4168, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 42a (MCL 211.42a), as amended by 2012 PA 461. Senate Bill No. 340, entitled A bill to amend 1915 PA 31, entitled “Youth tobacco act,” by amending sections 1 and 2 (MCL 722.641 and 722.642), as amended by 2006 PA 236. The bills were placed on the order of Third Reading of Bills. No. 84] [September 24, 2015] JOURNAL OF THE SENATE 1501 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 360, entitled A bill to amend 2000 PA 161, entitled “Michigan education savings program act,” by amending section 10 (MCL 390.1480), as amended by 2001 PA 215. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4542, entitled A bill to create the Michigan achieving a better life experience (ABLE) program; to provide for ABLE accounts; to prescribe the powers and duties of certain state agencies, boards, and departments; to allow certain tax credits or deductions; and to provide for penalties and remedies. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4543, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2012 PA 597. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4544, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 10g. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 366, entitled A bill to regulate the solicitation of certain public records; to prescribe the powers and duties of certain state agencies and officials; and to provide remedies. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4521, entitled A bill to provide for the voluntary issuance of identification, tags, and vests for service animals; and to provide for certain powers and duties of the department of civil rights. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4527, entitled A bill to amend 1981 PA 82, entitled “An act to prohibit the use of certain collars or harnesses and leashes on dogs in public places, except by deaf, audibly impaired, or otherwise physically limited persons; and to prescribe penalties,” by amending the title and sections 1, 2, and 3 (MCL 752.61, 752.62, and 752.63), the title and sections 1 and 2 as amended by 1984 PA 111, and by adding section 4. 1502 JOURNAL OF THE SENATE [September 24, 2015] [No. 84 Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senators Brandenburg and Johnson entered the Senate Chamber. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: House Bill No. 4463 House Bill No. 4166 The motion prevailed. The following bill was read a third time: House Bill No. 4463, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 37 of chapter XVII (MCL 777.37), as amended by 2002 PA 137. The question being on the passage of the bill, Senator Jones offered the following amendment: 1. Amend page 2, following line 11, by inserting: “Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.”. The amendment was adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 373 Yeas—37 Ananich Hertel Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Marleau Shirkey Casperson Horn Meekhof Smith Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Robertson Zorn Hansen Nays—0 Excused—1 Proos In The Chair: President Not Voting—0 No. 84] [September 24, 2015] JOURNAL OF THE SENATE 1503 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4166, entitled A bill to amend 1913 PA 88, entitled “An act empowering the board of supervisors of any of the several counties of the state of Michigan to levy a special tax, or by appropriating from the general fund for the purpose of advertising the agricultural advantages of the state or for displaying the products and industries of any county in the state at domestic or foreign expositions, for the purpose of encouraging immigration and increasing trade in the products of the state, and advertising the state and any portion thereof for tourists and resorters, and to permit the boards of supervisors out of any sum so raised, or out of the general fund, to contribute all or any portion of the same to any development board or bureau to be by said board or bureau expended for the purposes herein named,” by amending the title and section 1 (MCL 46.161). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 374 Yeas—35 Ananich Hertel Knollenberg Schmidt Booher Hildenbrand Kowall Schuitmaker Brandenburg Hood MacGregor Shirkey Casperson Hopgood Marleau Smith Colbeck Horn Meekhof Stamas Emmons Hune Nofs Warren Green Johnson O’Brien Young Gregory Jones Pavlov Zorn Hansen Knezek Robertson Nays—2 Bieda Rocca Excused—1 Proos 1504 JOURNAL OF THE SENATE [September 24, 2015] [No. 84 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 84 The motion prevailed. enators Jones and Bieda offered the following resolution: S Senate Resolution No. 92. A resolution to commemorate October 2, 2015, as Wrongful Conviction Day. Whereas, It is of tremendous importance to recognize the personal, social, and legal costs that are associated with wrongful criminal convictions; and Whereas, The loss of one’s freedom due to a wrongful conviction has far-reaching effects on the innocent person’s quality of life, their family, and society as a whole; and Whereas, The Association in Defence of the Wrongly Convicted (AIDWYC) is a national, nonprofit organization dedicated to identifying, advocating for, and assisting individuals convicted of crimes they didn’t commit. It seeks to prevent such injustices in the future through legal education and other reforms to the criminal justice system; and Whereas, Win Wahrer, director of Client Services at AIDWYC, crafted the idea to create Wrongful Conviction Day to educate the population on this important legal and social issue; and Whereas, It is crucial to understand the importance of recognizing those persons who have been forced to endure the tremendous personal and social consequences of wrongful criminal conviction; and Whereas, There have been 55 wrongfully-convicted persons in the state of Michigan; and Whereas, October 2, 2015, has been selected as Wrongful Conviction Day and designated as an international day to edu­cate the international community on the causes, consequences, and complications associated with wrongful criminal convictions; now, therefore, be it Resolved by the Senate, That members of this legislative body hereby commemorate October 2, 2015, as Wrongful Conviction Day in Michigan. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Booher, Hopgood, Marleau, O’Brien, Warren and Zorn were named co‑sponsors of the resolution. enator Schmidt offered the following resolution: S Senate Resolution No. 93. A resolution to recognize the fourth Friday of September as Michigan Indian Day. Whereas, The state of Michigan is home to twelve federally-recognized tribal nations, each having a unique and inde­ pendent government with different management and decision-making structures which exercise sovereign authority; and Whereas, 1974 PA 30 establishes the fourth Friday in September as Indian Day in Michigan; and Whereas, The people of the state of Michigan benefit from an understanding of our history and the lives of those who came before us on these pleasant peninsulas; and Whereas, Our shared history of the place we call Michigan dates back approximately 14,000 years to the time when the last glacier retreated from the land, and humans, including the Anishinaabeg, populated the area and who passed along their history through our tribal partners; and No. 84] [September 24, 2015] JOURNAL OF THE SENATE 1505 Whereas, In 2002, the state of Michigan and federally-recognized tribal nations entered into a Government-to-Government Accord, providing a framework for a government-to-government partnership that recognizes that the parties share a responsibility to provide for and protect the health, safety, and welfare of their common citizens. The 2002 Accord sought to enhance and improve communication between the parties, foster respect for their sovereign status, and facilitate the resolution of potentially contentious issues; and Whereas, The state of Michigan is grateful for the government-to-government partnership that it shares with the twelve federally-recognized tribes within its borders: the Lac Vieux Desert Band of Lake Superior Chippewa Indians, the Keweenaw Bay Indian Community, the Hannahville Indian Community, the Bay Mills Indian Community, the Sault Ste. Marie Tribe of Chippewa Indians; the Little Traverse Bay Bands of Odawa Indians; the Grand Traverse Band of Ottawa and Chippewa Indians; the Little River Band of Ottawa Indians; the Match-E-Be-Nash-She-Wish Band of Potawatomi; the Pokagon Band of Potawatomi; the Nottawaseppi Huron Band of the Potawatomi, and the Saginaw Chippewa Indian Tribe; and Whereas, The state of Michigan and our tribal partners have engaged in many fruitful and cooperative efforts to improve the lives of our citizens, and Michigan Indian Day is an annual opportunity to honor those accomplishments; now, therefore, be it Resolved by the Senate, That we are honored to welcome the twelve federally-recognized Indian tribes located within Michigan to our State Capitol in Lansing for the purpose of fostering meaningful consultation and dialogue to improve upon our valued government-to-government partnerships at the Annual State-Tribal Summit; and be it further Resolved, That our common future will be improved with thorough cooperation and communication between tribal and state leadership; and be it further Resolved, That the Michigan Senate hereby acknowledges the fourth Friday in September as Michigan Indian Day in recognition of the significant contributions of the twelve nations, their citizens, and predecessors to our great state’s rich history and bright future. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Gregory, Hood, Hopgood, Horn, Jones, Marleau, O’Brien, Warren and Zorn were named co‑sponsors of the resolution. enate Concurrent Resolution No. 11. S A concurrent resolution to urge the Congress of the United States to restore Great Lakes Restoration Initiative funding to $300 million for fiscal year 2016. The question being on the adoption of the concurrent resolution, The concurrent resolution was adopted. enate Concurrent Resolution No. 14. S A concurrent resolution to oppose the United States Environmental Protection Agency’s efforts to study or commission a study that could lead to regulations on grills and barbecues. The question being on the adoption of the concurrent resolution, The concurrent resolution was adopted. enate Resolution No. 42. S A resolution to urge the Congress of the United States to restore Great Lakes Restoration Initiative funding to $300 million for fiscal year 2016. The question being on the adoption of the resolution, The resolution was adopted. enate Resolution No. 56. S A resolution to oppose the United States Environmental Protection Agency’s efforts to study or commission a study that could lead to regulations on grills and barbecues. The question being on the adoption of the resolution, The resolution was adopted. 1506 JOURNAL OF THE SENATE [September 24, 2015] [No. 84 enate Resolution No. 79. S A resolution to encourage the United States Forest Service to issue the owners of privately-held hunting camps on leased acres within the Ottawa National Forest special use authorization under the Recreation Residence Program or to renew or grandfather lease agreements with those remaining 104 leaseholders. The question being on the adoption of the following committee substitute: Substitute (S-1). The substitute was adopted. The resolution as substituted was adopted. enate Resolution No. 59. S A resolution to urge the United States Congress to enact legislation that requires uniform and science-based food labeling nationwide. The question being on the adoption of the following committee substitute: Substitute (S-1). The substitute was adopted. The resolution as substituted was adopted. enate Resolution No. 87. S A resolution to urge the United States Senate to concur with the United States House of Representatives and repeal the country-of-origin labeling regulations. The question being on the adoption of the resolution, The resolution was adopted. Senators Casperson, Green, Hildenbrand, Horn, Kowall, Marleau, Robertson, Schuitmaker, Shirkey and Stamas were named co‑sponsors of the resolution. Introduction and Referral of Bills enator Knezek introduced S Senate Joint Resolution L, entitled A joint resolution proposing an amendment to the state constitution of 1963, by amending sections 2, 3, and 6 of article IV, to modify congressional and legislative apportionment and districting and create a citizens redistricting commission. The joint resolution was read a first and second time by title and referred to the Committee on Government Operations. Senators Emmons, Casperson, Jones and Pavlov introduced Senate Bill No. 503, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 3, 7, 13, 15, and 25 of chapter XIIB (MCL 712B.3, 712B.7, 712B.13, 712B.15, and 712B.25), as added by 2012 PA 565. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senators Robertson, Jones, Hertel, Gregory, Hood, Casperson, Ananich, Stamas and Emmons introduced Senate Bill No. 504, entitled A bill to amend 1995 PA 279, entitled “Horse racing law of 1995,” by amending sections 2, 7, 10, 12, 14, 17, 18, 19, 19a, and 22 (MCL 431.302, 431.307, 431.310, 431.312, 431.314, 431.317, 431.318, 431.319, 431.319a, and 431.322), section 2 as amended by 2006 PA 445, sections 7, 10, and 12 as amended by 2000 PA 164, and sections 14, 17, and 18 as amended and section 19a as added by 1998 PA 408. The bill was read a first and second time by title and referred to the Committee on Agriculture. Senators Robertson, Jones, Hertel, Gregory, Hood, Casperson, Ananich and Emmons introduced Senate Bill No. 505, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14d of chapter XVII (MCL 777.14d), as added by 2002 PA 29. The bill was read a first and second time by title and referred to the Committee on Agriculture. No. 84] [September 24, 2015] JOURNAL OF THE SENATE 1507 Senators Green and Booher introduced Senate Bill No. 506, entitled A bill to amend 1964 PA 283, entitled “Weights and measures act,” by amending section 28c (MCL 290.628c), as amended by 2012 PA 254. The bill was read a first and second time by title and referred to the Committee on Agriculture. Senators Green, Schmidt, O’Brien, Brandenburg, Warren, Emmons, Pavlov, Kowall, Schuitmaker, MacGregor and Zorn introduced Senate Bill No. 507, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 175. The bill was read a first and second time by title and referred to the Committee on Natural Resources. Senators Bieda, Jones, Young and Hood introduced Senate Bill No. 508, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 145e. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Jones, Bieda, Young and Hood introduced Senate Bill No. 509, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 145f. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Pavlov, Colbeck, Booher, Kowall, Emmons, Proos, Schuitmaker, Hansen, Knollenberg, Horn and Marleau introduced Senate Bill No. 510, entitled A bill to prohibit the disclosure or use of certain information. The bill was read a first and second time by title and referred to the Committee on Education. Senator Knezek introduced Senate Bill No. 511, entitled A bill to create a citizens redistricting commission and prescribe its powers and duties; to provide for the powers and duties of certain state governmental officers and entities; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Hertel, Schuitmaker, Knezek, Young and Warren introduced Senate Bill No. 512, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1507b (MCL 380.1507b), as added by 2004 PA 165. The bill was read a first and second time by title and referred to the Committee on Education. Senator Stamas introduced Senate Bill No. 513, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 3a. The bill was read a first and second time by title and referred to the Committee on Transportation. Senator Robertson introduced Senate Bill No. 514, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 30 and 508 (MCL 206.30 and 206.508), section 30 as amended by 2012 PA 597 and section 508 as amended by 2011 PA 177. The bill was read a first and second time by title and referred to the Committee on Finance. 1508 JOURNAL OF THE SENATE [September 24, 2015] [No. 84 Senator Robertson introduced Senate Bill No. 515, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2015 PA 78. The bill was read a first and second time by title and referred to the Committee on Transportation. Senator Jones introduced Senate Bill No. 516, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 5b, 8, and 12a (MCL 28.421, 28.425b, 28.428, and 28.432a), section 1 as amended by 2015 PA 25, section 5b as amended by 2015 PA 16, section 8 as amended by 2015 PA 3, and section 12a as amended by 2006 PA 559. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4604, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 9115a (MCL 324.9115a), as added by 2005 PA 56. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Natural Resources. House Bill No. 4790, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2015 PA 85. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. Committee Reports he Committee on Agriculture reported T Senate Resolution No. 59. A resolution to urge the United States Congress to enact legislation that requires uniform and science-based food labeling nationwide. (For text of resolution, see Senate Journal No. 47, p. 724.) With the recommendation that the following substitute (S-1) be adopted and that the resolution then be adopted: A resolution to urge the United States Congress to enact legislation that requires uniform and science-based food labeling nationwide. Whereas, In the absence of a federal genetically modified organism (GMO) labeling standard, some states and localities have developed a patchwork of labeling proposals that can be confusing and misleading to consumers. Multiple local regu­ lations increase agriculture and food production costs, requiring food companies operating in Michigan to create separate supply chains to be developed for each state; and Whereas, GMOs are found in 70 to 80 percent of the foods we eat and play a vital role in maintaining Michigan’s agri­ cul­ture, food processing, and other industries. In 2014, 100 percent of all sugar beets, 93 percent of all corn, and 91 percent of all soybeans grown in Michigan were genetically modified; and Whereas, A maze of regulations would cripple interstate commerce throughout the food supply and distribution chain and ultimately increase grocery prices for consumers by hundreds of dollars each year. A Cornell University study found that a patchwork of state labeling laws would increase food costs for a family by an average of $500 per year; and Whereas, On July 23, 2015, the U.S. House of Representatives passed bipartisan legislation - the Safe and Accurate Food Labeling Act (H.R. 1599) - to avoid this patchwork of regulations and the costly challenges it creates; and No. 84] [September 24, 2015] JOURNAL OF THE SENATE 1509 Whereas, Senate passage of the Safe and Accurate Food Labeling Act will allow consumers to have access to accurate and consistent information on products that contain GMOs by ensuring that labeling is national, uniform, and science-based. The bill also establishes a United States Department of Agriculture (USDA)-administered certification and labeling program, modeled after the USDA National Organic Program for non-GMO, organic foods; now, therefore, be it Resolved by the Senate, That we urge the United States Congress to enact legislation that requires uniform and sciencebased food labeling nationwide; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Green, Schmidt and Booher Nays: None The resolution and the substitute recommended by the committee were placed on the order of Resolutions. he Committee on Agriculture reported T Senate Resolution No. 87. A resolution to urge the United States Senate to concur with the United States House of Representatives and repeal the country-of-origin labeling regulations. (For text of resolution, see Senate Journal No. 80, p. 1439.) With the recommendation that the resolution be adopted. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Green, Schmidt and Booher Nays: None The resolution was placed on the order of Resolutions. The Committee on Agriculture reported Senate Bill No. 239, entitled A bill to prohibit a local unit of government from enacting an ordinance or rule that regulates a dog based solely on breed, perceived breed, or type; and to provide for the powers and duties of certain local governmental entities. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Green, Schmidt, Booher and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Agriculture reported Senate Bill No. 477, entitled A bill to amend 2001 PA 266, entitled “Grade A milk law of 2001,” by amending section 6 (MCL 288.476), as amended by 2008 PA 136. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Green, Schmidt, Booher and Johnson Nays: None The bill was referred to the Committee of the Whole. 1510 JOURNAL OF THE SENATE [September 24, 2015] [No. 84 COMMITTEE ATTENDANCE REPORT he Committee on Agriculture submitted the following: T Meeting held on Thursday, September 17, 2015, at 9:00 a.m., Room 110, Farnum Building Present: Senators Hune (C), Green, Schmidt, Booher and Johnson The Committee on Veterans, Military Affairs and Homeland Security reported House Bill No. 4521, entitled A bill to provide for the voluntary issuance of identification, tags, and vests for service animals; and to provide for certain powers and duties of the department of civil rights. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Veterans, Military Affairs and Homeland Security reported House Bill No. 4527, entitled A bill to amend 1981 PA 82, entitled “An act to prohibit the use of certain collars or harnesses and leashes on dogs in public places, except by deaf, audibly impaired, or otherwise physically limited persons; and to prescribe penalties,” by amending the title and sections 1, 2, and 3 (MCL 752.61, 752.62, and 752.63), the title and sections 1 and 2 as amended by 1984 PA 111, and by adding section 4. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Veterans, Military Affairs and Homeland Security submitted the following: T Meeting held on Thursday, September 17, 2015, at 2:00 p.m., Room 110, Farnum Building Present: Senators O’Brien (C), Emmons, Zorn, Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Committee on Energy and Technology submitted the following: T Meeting held on Thursday, September 17, 2015, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Proos, Horn, Schuitmaker, Hune, Shirkey, Zorn, Hopgood, Knezek and Bieda Excused: Senator Nofs (C) COMMITTEE ATTENDANCE REPORT he Committee on Economic Development and International Investment submitted the following: T Meeting held on Thursday, September 17, 2015, at 1:30 p.m., Room 210, Farnum Building Present: Senators Horn (C), Schmidt, Brandenburg, Stamas, Emmons, Warren and Bieda No. 84] [September 24, 2015] JOURNAL OF THE SENATE 1511 Scheduled Meetings Appropriations Subcommittees K-12, School Aid, Education - Wednesday, October 14, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-2768) State Police and Military Affairs - Tuesday, October 6, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Criminal Justice Policy Commission - Wednesday, October 7, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212) Education - Tuesday, September 29, 12:00 noon, Room 110, Farnum Building (373-5314) Finance - Tuesday, September 29, 2:30 p.m., Room 210, Farnum Building (373-5323) Legislative Council - Wednesday, September 30, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212) Natural Resources - Wednesday, September 30, 12:30 p.m., Room 210, Farnum Building (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:12 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, September 29, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1512 No. 85 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, September 29, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—excused Casperson—present Colbeck—present Emmons—present Green—present Gregory—excused Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—excused Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1514 JOURNAL OF THE SENATE [September 29, 2015] [No. 85 Pastor Ed Pedley of First Baptist Church of Holly offered the following invocation: Heavenly Father, how grateful I am to have lived all of my life in this great state of Michigan. Your hand of creative beauty is all around. The resources You have placed in our state have given us many opportunities to provide for our families, our country, and the world. Thank you for raising up leaders who serve the people of Michigan with integrity and transparency so that the genera­ tions to come may find their lives full of joy and productivity. May the leaders in our government seek wisdom and truth from Your word as they deliberate important decisions that affect us all. May all those placed in positions of authority seek Almighty God for the knowledge and understanding to deal with issues that have so many possible outcomes and affect everyone who lives in the state of Michigan. Bless this day’s Senate session with care-filled deliberations and wise decision making. May a spirit of unity fill this room. We ask this in the name of Jesus Christ our Lord. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Green and Warren entered the Senate Chamber. enator Kowall moved that Senator Horn be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senator Brandenburg be excused from today’s session. S The motion prevailed. enator Hood moved that Senator Ananich be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Gregory and Hopgood be excused from today’s session. S The motion prevailed. The following communication was received and read: Office of the Senate Majority Leader September 25, 2015 I would like House Bill 4790 re-referred to the Senate Committee on Education. If you have any questions regarding this matter, please do not hestitate to contact me. Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communication was referred to the Secretary for record. The following communication was received and read: Office of the Auditor General nclosed is a copy of the following Preliminary Survey Summary: E State-funded Section 31a Program for At Risk Pupils, Michigan Department of Education. Sincerely, Doug Ringler Auditor General The preliminary survey summary was referred to the Committee on Government Operations. The following communication was received: Office of Senator Curtis Hertel Jr. September 23, 2015 September 22, 2015 I am writing to request my addition in co‑sponsorship of Senate Bill 458, sponsored by Senator Schuitmaker. No. 85] [September 29, 2015] JOURNAL OF THE SENATE Please feel free to contact me if you need any further information. The communication was referred to the Secretary for record. 1515 Sincerely, Curtis Hertel Jr. State Senator District 23 The following communication was received: Office of Senator Tom Casperson September 24, 2015 Pursuant to Senate Rule 1.110, I respectfully request that my name be removed as sponsor of SB 439. Thank you for your attention to this request. Sincerely, Tom Casperson State Senator 38th District The communication was referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Thursday, September 24: House Bill Nos. 4535 4660 4661 4662 4663 4664 4665 4666 4667 4668 The Secretary announced that the following bills and joint resolution were printed and filed on Thursday, September 24, and are available at the Michigan Legislature website: Senate Bill Nos. 503 504 505 506 507 508 509 510 511 512 513 514 515 516 Senate Joint Resolution L The Secretary announced that the following bill was printed and filed on Friday, September 25, and is available at the Michigan Legislature website: House Bill No. 4906 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:08 a.m. 11:05 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator Horn entered the Senate Chamber. Messages from the House Senate Bill No. 64, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20155, 21703, and 21734 (MCL 333.20155, 333.21703, and 333.21734), section 20155 as amended by 2012 PA 322 and section 21734 as added by 2000 PA 437. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental 1516 JOURNAL OF THE SENATE [September 29, 2015] [No. 85 entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 1104, 20104, 20155, 20155a, 21703, 21734, and 21799a (MCL 333.1104, 333.20104, 333.20155, 333.20155a, 333.21703, 333.21734, and 333.21799a), section 1104 as amended by 2013 PA 268, section 20104 as amended by 2010 PA 381, section 20155 as amended by 2015 PA 104, sec­tion 20155a as added by 2012 PA 322, section 21734 as added by 2000 PA 437, and sec­ tion 21799a as amended by 2004 PA 189. The House of Representatives requested the return of Senate Bill No. 64, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20155, 21703, and 21734 (MCL 333.20155, 333.21703, and 333.21734), section 20155 as amended by 2012 PA 322 and section 21734 as added by 2000 PA 437. Senator Kowall moved that the request of the House of Representatives be granted. The motion prevailed. Senator Ananich entered the Senate Chamber. Senate Bill No. 65, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20109, 21703, and 21715 (MCL 333.20109, 333.21703, and 333.21715), section 20109 as amended by 1996 PA 224. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 20109 and 21715 (MCL 333.20109 and 333.21715), section 20109 as amended by 1996 PA 224. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 375 Yeas—35 Ananich Hildenbrand Bieda Hood MacGregor Schmidt Marleau Schuitmaker No. 85] [September 29, 2015] JOURNAL OF THE SENATE 1517 Booher Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Kowall Rocca Nays—0 Excused—3 Brandenburg Gregory Hopgood Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 66, entitled A bill to amend 1993 PA 23, entitled “Michigan limited liability company act,” by amending section 102 (MCL 450.4102), as amended by 2012 PA 568. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 67, entitled A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 109 (MCL 450.1109), as amended by 2012 PA 569. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 134, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 8b, 11, 11a, 11j, 11k, 11m, 11r, 15, 18, 18a, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22f, 22i, 23a, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 41, 43, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b, 74, 81, 94, 94a, 95a, 98, 99, 99h, 102, 104, 104b, 104c, 107, 147, 147a, 147c, 152a, 163, 201, 201a, 206, 207a, 207b, 207c, 209, 210b, 217, 225, 226, 229a, 230, 236, 236a, 236b, 236c, 241, 244, 246, 252, 254, 255, 258, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, and 281 (MCL 388.1606, 388.1608b, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611r, 1518 JOURNAL OF THE SENATE [September 29, 2015] [No. 85 388.1615, 388.1618, 388.1618a, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622f, 388.1622i, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625e, 388.1625f, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1639, 388.1639a, 388.1641, 388.1643, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1656, 388.1661a, 388.1662, 388.1664b, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699, 388.1699h, 388.1702, 388.1704, 388.1704b, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1763, 388.1801, 388.1801a, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810b, 388.1817, 388.1825, 388.1826, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1841, 388.1844, 388.1846, 388.1852, 388.1854, 388.1855, 388.1858, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, and 388.1881), sections 6, 8b, 11a, 11j, 11k, 15, 20, 20d, 20f, 20g, 21f, 22d, 22f, 22i, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 39, 39a, 41, 51d, 53a, 54, 56, 61a, 62, 74, 81, 94, 94a, 98, 99, 99h, 104, 104b, 107, 147, 147a, 152a, 163, 201a, 206, 209, 210b, 217, 225, 229a, 230, 236a, 236b, 236c, 241, 246, 252, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, and 281 as amended and sections 11r, 43, 64b, 95a, 104c, 207a, 207b, and 207c as added by 2014 PA 196, sections 11, 11m, 18, 22a, 22b, 51a, 51c, 147c, 201, and 236 as amended by 2015 PA 5, section 18a as amended by 2004 PA 351, section 23a as added by 2012 PA 465, sections 102, 244, and 258 as amended by 2013 PA 60, and sections 226, 254, and 255 as amended by 2012 PA 201, and by adding sections 31h, 35, 35a, 35b, 35d, 35e, 35f, 55, 61b, 67, 77, 99c, 102a, 102b, 102c, 102d, 104d, 210c, 210d, 215, and 230a; and to repeal acts and parts of acts. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 6, 11, 21f, 31a, 32d, and 107 (MCL 388.1606, 388.1611, 388.1621f, 388.1631a, 388.1632d, and 388.1707), section 6 as amended by 2014 PA 196 and sections 11, 21f, 31a, 32d, and 107 as amended by 2015 PA 85. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, Senator Hildenbrand offered the following amendment to the substitute: 1. Amend page 7, line 17, after “11302” by inserting a comma and “OR WAS COUNTED IN MEMBERSHIP UNDER THIS SUBPARAGRAPH IN 2014-2015”. The amendment to the substitute was adopted. The question being on concurring in the House substitute, as amended, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 376 Yeas—31 Ananich Hood MacGregor Schuitmaker Bieda Horn Marleau Shirkey Booher Hune Meekhof Smith Casperson Johnson Nofs Stamas Emmons Jones O’Brien Warren Hansen Knezek Proos Young Hertel Knollenberg Rocca Zorn Hildenbrand Kowall Schmidt Nays—4 Colbeck Green Pavlov Robertson No. 85] [September 29, 2015] JOURNAL OF THE SENATE 1519 Excused—3 Brandenburg Gregory Hopgood Not Voting—0 In The Chair: President The Senate agreed to the title as amended. Senate Bill No. 468, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17739a, 17739b, 17739c, and 17748a (MCL 333.17739a, 333.17739b, 333.17739c, and 333.17748a), sections 17739a, 17739b, and 17739c as added by 2014 PA 285 and section 17748a as added by 2014 PA 280. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Hansen as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 225, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 2 and 2a (MCL 28.422 and 28.422a), section 2 as amended by 2014 PA 201 and section 2a as amended by 2013 PA 3, and by adding section 12c. Substitute (S-3). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 10, following line 23, by inserting: “Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: House Bill No. 4389 Senate Bill No. 360 1520 JOURNAL OF THE SENATE [September 29, 2015] [No. 85 House Bill No. 4542 House Bill No. 4543 House Bill No. 4544 The motion prevailed. The following bill was read a third time: House Bill No. 4389, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 4a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 377 Yeas—35 Ananich Hildenbrand MacGregor Schmidt Bieda Hood Marleau Schuitmaker Booher Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Kowall Rocca Nays—0 Excused—3 Brandenburg Gregory Hopgood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 360, entitled A bill to amend 2000 PA 161, entitled “Michigan education savings program act,” by amending section 10 (MCL 390.1480), as amended by 2001 PA 215. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 85] [September 29, 2015] JOURNAL OF THE SENATE Roll Call No. 378 1521 Yeas—35 Ananich Hildenbrand MacGregor Schmidt Bieda Hood Marleau Schuitmaker Booher Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Kowall Rocca Nays—0 Excused—3 Brandenburg Gregory Hopgood Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4542, entitled A bill to create the Michigan achieving a better life experience (ABLE) program; to provide for ABLE accounts; to prescribe the powers and duties of certain state agencies, boards, and departments; to allow certain tax credits or deductions; and to provide for penalties and remedies. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 379 Yeas—35 Ananich Hildenbrand MacGregor Schmidt Bieda Hood Marleau Schuitmaker Booher Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Kowall Rocca Nays—0 Excused—3 Brandenburg Gregory Hopgood 1522 JOURNAL OF THE SENATE [September 29, 2015] [No. 85 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4543, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2012 PA 597. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 380 Yeas—35 Ananich Hildenbrand MacGregor Schmidt Bieda Hood Marleau Schuitmaker Booher Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Kowall Rocca Nays—0 Excused—3 Brandenburg Gregory Hopgood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal acts and parts of acts,”. The Senate agreed to the full title. No. 85] [September 29, 2015] JOURNAL OF THE SENATE 1523 The following bill was read a third time: House Bill No. 4544, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 10g. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 381 Yeas—35 Ananich Hildenbrand MacGregor Schmidt Bieda Hood Marleau Schuitmaker Booher Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Kowall Rocca Nays—0 Excused—3 Brandenburg Gregory Hopgood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 84 The motion prevailed. 1524 JOURNAL OF THE SENATE [September 29, 2015] [No. 85 enators Zorn, Marleau and MacGregor offered the following resolution: S Senate Resolution No. 94. A resolution to commemorate the month of October as Dysautonomia Awareness Month. Whereas, It is important for this legislative body to recognize official months that are set aside to raise awareness of serious diseases that affect citizens in the state of Michigan; and Whereas, Dysautonomia is a serious neurological system disease that disables citizens of every age, gender, and race from performing the most basic functions; and Whereas, People with dysautonomia may have one or several different medical conditions that affect automatic functions of the body, such as heart rate, kidney function, and temperature control; and Whereas, Certain forms of dysautonomia include side effects, such as frequent fainting, dizziness, shortness of breath, difficulty eating and sleeping, and sometimes leads to death; and Whereas, Dysautonomia can occur secondary to other medical conditions, such as diabetes, arthritis, and Parkinson’s disease; and Whereas, Symptoms of dysautonomia are usually invisible to the untrained eye, for they usually occur internally; and Whereas, Many people who have dysautonomia take a year or longer to get diagnosed and are occasionally misdiagnosed due to the lack of external symptoms and awareness; and Whereas, Despite the lack of awareness, dysautonomia is not rare. In fact, over 70 million people worldwide live with some form of this medical condition; and Whereas, There currently is no cure to dysautonomia; and Whereas, Dysautonomia Awareness Month is an opportunity for citizens to raise understanding and funding to assist the fight in finding a cure; now, therefore, be it Resolved by the Senate, That we hereby commemorate the month of October as Dysautonomia Awareness Month in the state of Michigan; and be it further Resolved, That all citizens are encouraged to increase their understanding and awareness of dysautonomia; and be it further Resolved, That a copy of this resolution be transmitted to the Department of Health and Human Services. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Hildenbrand, Knollenberg, Kowall and Proos were named co‑sponsors of the resolution. enator Marleau offered the following resolution: S Senate Resolution No. 95. A resolution to commemorate September 28, 2015 - October 4, 2015, as French Canadian Heritage Week. Whereas, The origins of French Canadian culture in the Great Lakes can be traced to the earliest days of the 17th cen­ tury; and Whereas, Explorers, missionaries, voyageurs, and indigenous peoples in the Great Lakes encountered each other in numerous, transformative ways from this era onward; and Whereas, The fur trade engendered extensive cultural miscegenation between indigenous peoples and French Canadians, creating new cultural forms and understanding; and Whereas, Trapping, farming, commercial fishing, lumber, and new industries provided economic opportunities for French Canadians from the 17th through the 20th centuries; and Whereas, Leaders such as Magdelaine La Framboise (Mackinac Island, Métisse fur trader), Joseph Labadie (Paw Paw, publisher, poet, and activist), Joseph Grégoire (Lake Linden, “Father of the French Canadians”), Louis Campau (Saginaw and Grand Rapids founder), Marie Caroline Hamlin (Detroit, folklorist and cultural advocate), and Jean Baptiste Réaume (River Raisin), are emblematic of successful French Canadian and French Métis men and women whose legacies continue to shape how we understand our history today; and Whereas, Cultural institutions and businesses across Michigan continue to draw on French Canadian culture for program­ ming, cross-cultural understanding, and international trade and entertainment opportunities; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate September 28, 2015 - October 4, 2015, as French Canadian Heritage Week in the state of Michigan; and be it further Resolved, That we join all of those of French Canadian ancestry in celebrating their heritage and contributions to the state of Michigan. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Hildenbrand, Knollenberg, Kowall, Proos and Zorn were named co‑sponsors of the resolution. No. 85] [September 29, 2015] JOURNAL OF THE SENATE 1525 Senator Hune offered the following resolution: Senate Resolution No. 96. A resolution to commemorate September 2015 as Life Insurance Awareness Month. Whereas, The vast majority of Americans recognize that it is important to protect loved ones with life insurance, with a recent survey indicating that 86 percent agree that most people need coverage; and Whereas, The life insurance industry pays roughly $65 billion in life insurance proceeds to beneficiaries each year, providing a tremendous source of financial relief and security to families that experience the loss of a loved one; and Whereas, The life insurance industry contributes approximately $79 billion in payments to annuity investors each year, providing a source of financial security and peace of mind that retirees will not outlive their assets; and Whereas, Despite the importance that people place on life insurance and the peace of mind that it brings to millions of American families, there are still too many Americans who lack adequate coverage; and Whereas, The unfortunate reality today is that an estimated 95 million adult Americans have no life insurance, and owner­ ship of both individual and employer-sponsored life insurance have declined in recent years; and Whereas, During challenging economic times as families continue to struggle, life insurance coverage is more important than ever because most families have fewer financial resources to fall back on than in years past, increasing their financial vulnerability; and Whereas, The nonprofit Life and Health Insurance Foundation for Education and a coalition representing hundreds of leading life insurance companies and organizations have designated September 2015 as Life Insurance Awareness Month, whose goal is to get consumers thinking about their need for life insurance protection; to encourage them to seek advice from a qualified insurance professional; and to take the actions necessary to achieve a financially secure future for their loved ones; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate September 2015 as Life Insurance Aware­ ness Month in the state of Michigan. We urge citizens to learn more about life insurance, annuities, and their benefits. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Introduction and Referral of Bills Senators MacGregor and Emmons introduced Senate Bill No. 517, entitled A bill to make uniform the laws relating to support enforcement; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senators MacGregor and Emmons introduced Senate Bill No. 518, entitled A bill to amend 1982 PA 294, entitled “Friend of the court act,” by amending section 2 (MCL 552.502), as amended by 2009 PA 233. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senators Emmons and MacGregor introduced Senate Bill No. 519, entitled A bill to amend 1971 PA 174, entitled “Office of child support act,” by amending section 3 (MCL 400.233), as amended by 2014 PA 381. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senators Emmons and MacGregor introduced Senate Bill No. 520, entitled A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 2 (MCL 552.602), as amended by 2014 PA 373. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. 1526 JOURNAL OF THE SENATE [September 29, 2015] [No. 85 Senators Horn and O’Brien introduced Senate Bill No. 521, entitled A bill to create the Michigan historical commission; and to prescribe its powers and duties. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. Senators O’Brien and Horn introduced Senate Bill No. 522, entitled A bill to create the Michigan historical center; to prescribe the authority of the center; to provide for the archives of Michigan and the Michigan historical museum to be under the control and supervision of the center; to provide stewardship for the museum and archival collection of this state; to provide for the management of state and local government records of archival value; to prescribe the powers and duties of certain state and local agencies and officials; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. Senators Schmidt, Schuitmaker, Booher, Hansen, Emmons, Hertel and Casperson introduced Senate Bill No. 523, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 72114 (MCL 324.72114), as amended by 2014 PA 210, and by adding section 72117. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. Senators Casperson, Booher, Nofs and Marleau introduced Senate Bill No. 524, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27 (MCL 211.27), as amended by 2013 PA 162. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Hood, Young, Knezek, Ananich, Hopgood and Gregory introduced Senate Bill No. 525, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 27 (MCL 421.27), as amended by 2012 PA 496. The bill was read a first and second time by title and referred to the Committee on Commerce. Senators Jones, Marleau, Bieda, Knezek, Warren, Hertel, Hopgood, Johnson and Schmidt introduced Senate Bill No. 526, entitled A bill to amend 1996 PA 199, entitled “Michigan aquaculture development act,” (MCL 286.871 to 286.884) by adding section 6a. The bill was read a first and second time by title and referred to the Committee on Agriculture. Senators Warren and Hood introduced Senate Bill No. 527, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 658 (MCL 257.658), as amended by 2012 PA 589. The bill was read a first and second time by title and referred to the Committee on Transportation. Senator Booher introduced Senate Bill No. 528, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 703 (MCL 380.703), as amended by 2003 PA 299. The bill was read a first and second time by title and referred to the Committee on Education. Senator Emmons introduced Senate Bill No. 529, entitled A bill to amend 2008 PA 260, entitled “Guardianship assistance act,” by amending sections 2, 3, 4, 5a, 5b, 6, 7, 8, and 9 (MCL 722.872, 722.873, 722.874, 722.875a, 722.875b, 722.876, 722.877, 722.878, and 722.879), sections 2, 3, 4, and 9 No. 85] [September 29, 2015] JOURNAL OF THE SENATE 1527 as amended and sections 5a and 5b as added by 2009 PA 15 and section 6 as amended by 2011 PA 229, and by adding section 5c. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senator Emmons introduced Senate Bill No. 530, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 13a of chapter XIIA (MCL 712A.13a), as amended by 2012 PA 163. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. House Bill No. 4535, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 2a (MCL 28.422a), as amended by 2015 PA 3. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4660, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3515 (MCL 500.3515), as amended by 2005 PA 306. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Insurance. House Bill No. 4661, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by repealing section 2477d (MCL 500.2477d). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Insurance. House Bill No. 4662, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by repealing section 2409c (MCL 500.2409c). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Insurance. House Bill No. 4663, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2213b (MCL 500.2213b), as amended by 2013 PA 5. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Insurance. House Bill No. 4664, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by repealing sections 2409 and 2409a (MCL 500.2409 and 500.2409a). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Insurance. 1528 JOURNAL OF THE SENATE [September 29, 2015] [No. 85 House Bill No. 4665, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by repealing sections 2477, 2477a, 2477b, and 2477c (MCL 500.2477, 500.2477a, 500.2477b, and 500.2477c). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Insurance. House Bill No. 4666, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16243 (MCL 333.16243), as amended by 1993 PA 79. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Insurance. House Bill No. 4667, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by repealing section 2409b (MCL 500.2409b). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Insurance. House Bill No. 4668, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 803 (MCL 436.1803). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Insurance. Statements Senators Proos and O’Brien asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Proos’ statement is as follows: I rise today to encourage my colleagues to recognize, thank, and continue supporting our first responders in the state of Michigan, who put themselves in danger every day to safeguard ourselves, our families, and our communities. This past Sunday, September 27, was recognized throughout the country as National First Responders Appreciation Day. Additionally, September 19 was celebrated as National Thank A Police Officer Day. These days gave us opportunities to reflect on the many brave services provided by the police officers, firefighters, and emergency medical technicians throughout our state, counties, and communities. Their efforts are a true testament of courage and passion for helping others, as these professionals deliberately and repeatedly place themselves in dangerous situations so that we and our families have an opportunity to seek shelter and safety. Perhaps there is no greater or more solemn example of their heroic efforts than the events of September 11, 2001, when over 400 first responders tragically lost their lives. However, it was their efforts and sacrifices that day that allowed tens of thousands of other lives to be spared from those attacks. We also have examples here in Michigan where we honored and paid tribute to the lives, careers, and families of our first responders who made the ultimate sacrifice. Earlier today, the Senate approved House Bill No. 4389 to memorialize a portion of a state highway to State Police Trooper Steven B. Devries, who was killed in the line of duty in my district near the city of Niles. Further, we recently remembered State Police Trooper Chad Wolf of Fenton, who also died in the line of duty, and city of Lansing firefighter Dennis Rodeman, who was killed while collecting donations for a local charity with his fellow firefighters. These men and the dozens of others who have recently lost their lives protecting and improving our state are reminders to all of us just how dangerous these jobs are and just how much they care for the people who need their help. So again, Mr. President, I ask that you and my colleagues continue to recognize and support our first responders and the many sacrifices they endure for our benefit. I encourage all of us, when we come across these brave public servants, not only here at the Capitol, but throughout our communities, to take the time necessary to thank them, and remind them that we all gratefully recognize the difficult work they do. enator O’Brien’s statement is as follows: S I rise today to honor American Gold Star Mothers, which is a national organization of mothers whose sons and daughters lost their lives serving in the Armed Forces. Typically, the last Sunday of the month is recognized as Gold Star Mother’s Day, No. 85] [September 29, 2015] JOURNAL OF THE SENATE 1529 and that was this last Sunday. The organization of American Gold Star Mothers was formed shortly after World War I by Grace Darling Seibold and a group of mothers who lost their children in the Great War. Families participated in the practice of hanging a flag in their homes’ front window bearing a blue star for every loved one serving in World War I, and when those service men and women lost their lives, the blue star was replaced with a gold star. This represented the honor and the glory accorded the person for his and her supreme sacrifice in offering to their country and the devotion and pride of the family who also sacrificed. I would like to recognize and honor the women of Gold Star Mothers, a group whose purposes and activities include: keeping alive the memory of those whose lives have been sacrificed in our wars; maintaining allegiance to the United States; assisting other Gold Star Mothers and their descendants; assisting veterans and their families; promoting peace and good will; and teaching lessons of patriotism and love of country in local communities. It was on June 23, 1936, that a joint congressional resolution designated the last Sunday in September as Gold Star Mother’s Day. This holiday has been observed annually by presidential proclamation. I would like to thank all the Gold Star Mothers for their efforts in honoring our brave men and women who have given the ultimate sacrifice to protect our great nation. Committee Reports The Committee on Judiciary reported Senate Bill No. 291, entitled A bill to provide compensation and other relief for individuals wrongfully imprisoned for crimes; to prescribe the powers and duties of certain state governmental officers and agencies; and to provide remedies. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 421, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 653 (MCL 257.653). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 422, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12g of chapter XVII (MCL 777.12g), as amended by 2008 PA 467. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. 1530 JOURNAL OF THE SENATE [September 29, 2015] [No. 85 The Committee on Judiciary reported Senate Bill No. 427, entitled A bill to amend 1963 PA 17, entitled “An act to relieve certain persons from civil liability when rendering emergency care, when rendering care to persons involved in competitive sports under certain circumstances, or when participating in a mass immunization program approved by the department of public health,” by amending sections 1 and 2 (MCL 691.1501 and 691.1502), as amended by 2002 PA 543. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 453, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8501 (MCL 600.8501), as amended by 1988 PA 135. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 458, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 51 of chapter X (MCL 710.51), as amended by 1996 PA 409. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4248, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 13 (MCL 750.13); and to repeal acts and parts of acts. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. No. 85] [September 29, 2015] JOURNAL OF THE SENATE 1531 The Committee on Judiciary reported House Bill No. 4249, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by repealing sections 546, 547, 548, 549, 550, and 551 (MCL 750.546, 750.547, 750.548, 750.549, 750.550, and 750.551). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4250, entitled A bill to repeal 1935 PA 140, entitled “An act to prohibit endurance contests known as walkathons and similar endurance contests; to prescribe a penalty for the violation thereof, and to repeal Act No. 65 of the Public Acts of 1933,” (MCL 752.161 to 752.162). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4314, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 601d (MCL 257.601d), as added by 2008 PA 463. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4501, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 12m and 16e of chap­ ter XVII (MCL 777.12m and 777.16e), section 12m as amended by 2005 PA 54 and section 16e as added by 1998 PA 317. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4709, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 347 (MCL 750.347). 1532 JOURNAL OF THE SENATE [September 29, 2015] [No. 85 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4710, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 74206 (MCL 324.74206), as added by 1995 PA 58. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4711, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 5 of chapter IX (MCL 769.5); and to repeal acts and parts of acts. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 302, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 916a. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, September 22, 2015, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Colbeck and Bieda Excused: Senator Rocca No. 85] [September 29, 2015] JOURNAL OF THE SENATE 1533 The Committee on Elections and Government Reform reported House Bill No. 4182, entitled A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 3 (MCL 15.263), as amended by 1988 PA 278. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David B. Robertson Chairperson To Report Out: Yeas: Senators Robertson, Colbeck, Emmons, Shirkey and Hood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Elections and Government Reform submitted the following: T Meeting held on Thursday, September 24, 2015, at 8:30 a.m., Rooms 402 and 403, Capitol Building Present: Senators Robertson (C), Colbeck, Emmons, Shirkey and Hood The Committee on Economic Development and International Investment reported Senate Bill No. 500, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 44 (MCL 421.44), as amended by 2011 PA 269. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Kenneth B. Horn Chairperson To Report Out: Yeas: Senators Horn, Schmidt, Brandenburg, Stamas and Emmons Nays: Senators Warren and Bieda The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Economic Development and International Investment reported House Bill No. 4195, entitled A bill to amend 2003 PA 296, entitled “Michigan early stage venture investment act of 2003,” by amending sections 7, 9, 11, 15, 17, 19, 21, 23, and 27 (MCL 125.2237, 125.2239, 125.2241, 125.2245, 125.2247, 125.2249, 125.2251, 125.2253, and 125.2257), section 15 as amended by 2005 PA 102 and sections 17, 19, and 23 as amended by 2007 PA 173. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Kenneth B. Horn Chairperson To Report Out: Yeas: Senators Horn, Schmidt, Brandenburg, Stamas, Emmons, Warren and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Economic Development and International Investment reported House Bill No. 4196, entitled A bill to amend 2003 PA 296, entitled “Michigan early stage venture investment act of 2003,” by amending section 31 (MCL 125.2261). With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Kenneth B. Horn Chairperson 1534 JOURNAL OF THE SENATE [September 29, 2015] [No. 85 To Report Out: Yeas: Senators Horn, Schmidt, Brandenburg, Stamas, Emmons, Warren and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Economic Development and International Investment reported House Bill No. 4365, entitled A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 419 (MCL 208.1419). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Kenneth B. Horn Chairperson To Report Out: Yeas: Senators Horn, Schmidt, Brandenburg, Stamas, Emmons, Warren and Bieda Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Economic Development and International Investment submitted the following: T Meeting held on Thursday, September 24, 2015, at 1:30 p.m., Room 210, Farnum Building Present: Senators Horn (C), Schmidt, Brandenburg, Stamas, Emmons, Warren and Bieda COMMITTEE ATTENDANCE REPORT he Senate Fiscal Agency Board of Governors submitted the following: T Meeting held on Thursday, September 24, 2015, at 11:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), Meekhof, MacGregor, Ananich and Gregory COMMITTEE ATTENDANCE REPORT he Committee on Energy and Technology submitted the following: T Meeting held on Thursday, September 24, 2015, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Nofs (C), Horn, Schuitmaker, Hune, Shirkey, Zorn, Hopgood, Knezek and Bieda Excused: Senator Proos COMMITTEE ATTENDANCE REPORT he Subcommittee on Higher Education submitted the following: T Joint meeting held on Thursday, September 24, 2015, at 3:00 p.m., House Appropriations Room, 3rd Floor, Capitol Building Present: Senators Schuitmaker (C), MacGregor and Hertel Scheduled Meetings Appropriations - Wednesday, September 30, 11:00 a.m. or later immediately following session, Senate Appropria­tions Room, 3rd Floor, Capitol Building (373-1801) Subcommittees K-12, School Aid, Education - Wednesday, October 14, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Build­ ing (373-2768) State Police and Military Affairs - Tuesday, October 6, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) No. 85] [September 29, 2015] JOURNAL OF THE SENATE 1535 Commerce - Wednesday, September 30, 8:30 a.m., Room 210, Farnum Building (373-5312) (CANCELED) Criminal Justice Policy Commission - Wednesday, October 7, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Build­ing (373-0212) Energy and Technology - Thursday, October 1, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Families, Seniors and Human Services - Wednesday, September 30, 3:00 p.m., Room 210, Farnum Building (373-5323) Legislative Council - Wednesday, September 30, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212) Natural Resources - Wednesday, September 30, 12:30 p.m., Room 210, Farnum Building (373-5314) Outdoor Recreation and Tourism - Wednesday, September 30, 12:30 p.m., Room 110, Farnum Building (373-1721) Regulatory Reform - Wednesday, September 30, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323) Transportation - Thursday, October 1, 8:30 a.m., Room 210, Farnum Building (373-5323) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:58 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, September 30, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1536 No. 86 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, September 30, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—excused Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1538 JOURNAL OF THE SENATE [September 30, 2015] [No. 86 astor Greg Griffith of Immanuel Lutheran Church of Macomb offered the following invocation: P Dear Lord, we acknowledge You today as the ruler of all people and all things. We thank You today for those who lead us locally, regionally, and nationally. We humbly ask for Your glory to be revealed in our land and in our lives. Touch the hearts of our leaders, and protect those who dutifully serve in governmental offices. Empower us to stand, to serve, and to intercede in prayer for our communities and our political officials. Empower us to be advocates for justice and community. Father in heaven, we praise Your name for those whom You have granted authority to lead and govern our great state and nation. We praise You for all, asking that their leadership would allow us to lead quiet and peaceful lives as citizens of this great nation and Your great kingdom. Spirit, we come before You this day in humility and gratitude to plead for Your blessings upon those who govern to ensure our life, liberty, and pursuit of happiness. Grant them in abundance Your gifts of wisdom, that they may always be guided to place the spiritual good of communities and the nation as the highest good; understanding, that they may recognize the simplicity of truth; counsel, that they may recognize Your will under circumstances that discourage lesser men and women; fortitude, that they may be given the spiritual and physical strength to accept the inevitable burdens of leadership with courageous endurance; knowledge, that they may know the vastness of their mission and yet retain humility of spirit and charity for each and every soul; and piety, that in the manifold duties of their offices that they may always find time to communicate quietly with You and therein find peace for their souls. Lord God, we thank You that You will hear our prayer, and You remind us that Your will is always done. In the name of our great God, Father, Savior and friend Jesus, and by the power of the Holy Spirit. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senators Green, Nofs and Robertson be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Ananich and Johnson be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Hopgood be excused from today’s session. S The motion prevailed. enator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Proos admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Senators Green, Nofs, Robertson and Ananich entered the Senate Chamber. The following communications were received and read: Office of the Senate Majority Leader September 28, 2015 ursuant to MCL 388.1830a, Sec. 230a, I hereby announce the appointment of Senator Booher and Senator Knezek to P a task force that will review, evaluate, discuss, and make recommendations regarding performance indicators established under the authority of section 242 of 2005 PA 154. If you have any questions regarding this matter, please do not hesitate to contact me. September 29, 2015 ursuant to MCL 390.1532, I hereby announce the appointment of Senator Schuitmaker to serve on the Midwestern P Higher Education Conference Compact (MHEC) for a term from January 1, 2015 to December 31, 2016. If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communications were referred to the Secretary for record. No. 86] [September 30, 2015] JOURNAL OF THE SENATE 1539 The Secretary announced that the following House bill was received in the Senate and filed on Tuesday, September 29: House Bill No.  4636 The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, September 29, for his approval the following bills: Enrolled Senate Bill No. 62 at 3:04 p.m. Enrolled Senate Bill No. 281 at 3:06 p.m. Enrolled Senate Bill No. 468 at 3:08 p.m. Senator Kowall moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today: Senate Bill No. 226 The motion prevailed, a majority of the members serving voting therefor. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Hertel as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 427, entitled A bill to amend 1963 PA 17, entitled “An act to relieve certain persons from civil liability when rendering emergency care, when rendering care to persons involved in competitive sports under certain circumstances, or when participating in a mass immunization program approved by the department of public health,” by amending sections 1 and 2 (MCL 691.1501 and 691.1502), as amended by 2002 PA 543. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 458, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 51 of chapter X (MCL 710.51), as amended by 1996 PA 409. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 500, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 44 (MCL 421.44), as amended by 2011 PA 269. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 226, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2012 PA 124. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. 1540 JOURNAL OF THE SENATE [September 30, 2015] [No. 86 By unanimous consent the Senate returned to the order of Messages from the House Senator Johnson entered the Senate Chamber. Senate Bill No. 64, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20155, 21703, and 21734 (MCL 333.20155, 333.21703, and 333.21734), section 20155 as amended by 2012 PA 322 and section 21734 as added by 2000 PA 437. The House of Representatives has substituted (H-3) the bill. The House of Representatives has passed the bill as substituted (H-3) and amended the title to read as follows: A bill to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 1104, 20104, 20155, 20155a, 21703, 21734, and 21799a (MCL 333.1104, 333.20104, 333.20155, 333.20155a, 333.21703, 333.21734, and 333.21799a), section 1104 as amended by 2013 PA 268, sections 20104 and 20155 as amended by 2015 PA 104, section 20155a as added by 2012 PA 322, section 21734 as added by 2000 PA 437, and section 21799a as amended by 2004 PA 189. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 382 Yeas—37 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hansen Nays—0 Excused—1 Hopgood No. 86] [September 30, 2015] JOURNAL OF THE SENATE 1541 Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 134, entitled A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 6, 11, 21f, 31a, 32d, and 107 (MCL 388.1606, 388.1611, 388.1621f, 388.1631a, 388.1632d, and 388.1707), section 6 as amended by 2014 PA 196 and sections 11, 21f, 31a, 32d, and 107 as amended by 2015 PA 85. The House of Representatives has concurred in the Senate amendment to the House substitute (H-1). Senator Kowall moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 144, entitled A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 1109, 2129, and 3115 (MCL 289.1109, 289.2129, and 289.3115), section 1109 as amended by 2012 PA 178 and section 2129 as amended by 2014 PA 516. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 358, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1531 (MCL 380.1531), as amended by 2007 PA 32. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 383 Ananich Bieda Booher Casperson Green Yeas—33 Hood Horn Johnson Jones Knezek Marleau Schmidt Meekhof Schuitmaker Nofs Shirkey O’Brien Smith Pavlov Stamas 1542 JOURNAL OF THE SENATE [September 30, 2015] [No. 86 Gregory Knollenberg Proos Warren Hansen Kowall Robertson Young Hertel MacGregor Rocca Zorn Hildenbrand Nays—4 Brandenburg Colbeck Emmons Hune Excused—1 Hopgood Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage: Senate Bill No. 226 The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 4193 House Bill No. 4354 Senate Bill No. 225 Senate Bill No. 226 The motion prevailed. The following bill was read a third time: House Bill No. 4193, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 328 (MCL 257.328), as amended by 2004 PA 52. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 384 Ananich Bieda Yeas—37 Hertel Hildenbrand Kowall Rocca MacGregor Schmidt No. 86] [September 30, 2015] JOURNAL OF THE SENATE 1543 Booher Hood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hansen Nays—0 Excused—1 Hopgood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4354, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2021, 2108, 2112, 2406, 2458, 2606, and 2652 (MCL 500.2021, 500.2108, 500.2112, 500.2406, 500.2458, 500.2606, and 500.2652), section 2021 as added by 1982 PA 7, section 2112 as amended by 2012 PA 454, section 2406 as amended by 1993 PA 200, and section 2458 as amended by 1988 PA 262. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 385 Ananich Bieda Yeas—37 Hertel Hildenbrand Kowall Rocca MacGregor Schmidt 1544 JOURNAL OF THE SENATE [September 30, 2015] [No. 86 Booher Hood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hansen Nays—0 Excused—1 Hopgood Not Voting—0 In The Chair: President Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:34 a.m. 10:39 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the No. 86] [September 30, 2015] JOURNAL OF THE SENATE 1545 conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 225, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 2 (MCL 28.422), as amended by 2015 PA 37. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 386 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Horn Colbeck Hune Emmons Johnson Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Smith O’Brien Stamas Pavlov Young Proos Zorn Nays—1 Warren Excused—1 Hopgood Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. 1546 JOURNAL OF THE SENATE [September 30, 2015] [No. 86 The following bill was read a third time: Senate Bill No. 226, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2015 PA 4. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 387 Yeas—37 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hansen Nays—0 Excused—1 Hopgood Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 84 The motion prevailed. enator MacGregor offered the following resolution: S Senate Resolution No. 97. A resolution to designate October 21, 2015, as Hunger Solutions Day. Whereas, The Food Bank Council of Michigan’s mission is to create a food-secure state through advocacy, resource management, and collaboration among stakeholders and Michigan’s unified food bank network; and Whereas, 16.4 percent of Michigan residents regularly face hunger in their household; and Whereas, 20.9 percent of Michigan children do not have a consistent source of healthy, nutritious food; and Whereas, The Food Bank Council of Michigan represents regional food banks that serve all 83 counties in the state; and Whereas, Michigan food banks distribute food and resources to direct service agencies, including pantries, after-school programs, and senior centers; and No. 86] [September 30, 2015] JOURNAL OF THE SENATE 1547 Whereas, Food banks in Michigan coordinate outreach and educational programs throughout the year to promote healthy and responsible choices that affect hunger; and Whereas, The Food Bank Council of Michigan organizes surplus donations from Michigan farmers in order to make available fresh, nutritious produce in the emergency food system; and Whereas, The Food Bank Council of Michigan coordinates the statewide food and fund drive, Michigan Harvest Gathering, which has secured over 54 million meals since 1991; and Whereas, Together, the Food Bank Council of Michigan and Michigan food banks are committed to increasing access to nutritious food through programs and food distribution services; and Whereas, The Food Bank Council of Michigan advocates for policy in support of food security for all Michigan resi­ dents; and Whereas, The state of Michigan can be proud to encourage the collaborative and innovative strategies which bring food security to families, individuals, and communities that are desperately in need of support; now, therefore, be it Resolved by the Senate, That we hereby designate October 21, 2015, as Hunger Solutions Day in the state of Michigan. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Emmons, Gregory, Hertel, Horn, Kowall, Marleau, O’Brien, Proos, Schuitmaker and Warren were named co‑sponsors of the resolution. enators Proos and Hildenbrand offered the following concurrent resolution: S Senate Concurrent Resolution No. 16. A concurrent resolution of tribute offered as a memorial for Harry T. Gast, former member of the House of Representatives and the Senate. Whereas, It is with great sadness that the members of this legislature learned of the passing of Harry Gast. Devoted to his family, dedicated to farming, and a true leader for his constituents in Southwest Michigan, Harry Gast was a mentor, colleague, and highly devoted public servant. Our prayers go out to his family; and Whereas, A lifelong resident of Southwest Michigan, Harry Gast grew up on his family farm where he spent a lifetime farming, fishing, hunting, and trapping. Honest, proud, and direct, he began his public service in his home of Lincoln Town­ ship, serving over the years as township supervisor, treasurer, and an elected member of the school board. In 1970, he was elected to the House of Representatives bringing his farmer’s common sense and spirit to Lansing, where he had a profound and lasting impact on many Michigan lives. In 1978, Mr. Gast was elected to the Michigan Senate where he served until 2002; and Whereas, During both his House and Senate tenures, Harry Gast focused on issues that were important to him and his constituents. He supported natural resources and agriculture, and took a great interest in education, especially at the community college level. He earned numerous awards and honors of distinction for his work as a legislator throughout his 32-year career in Lansing, including three honorary degrees. He was honored by organizations as varied as the Michigan Association of Chiefs of Police, the Michigan Farm Bureau, Michigan United Conservation Clubs, and Southwest Michigan College; and Whereas, Harry Gast will be most remembered for his work as a member of the Senate Appropriations Committee, on which he served throughout his entire Senate tenure and as committee chair for 18 years. A true problem solver, Senator Gast understood the details and nuances of the budget process, focusing on the welfare of Michigan residents rather than politics. He provided a steadying influence on the appropriations process during periods of serious economic challenge and was respected for conveying budget news honestly to legislators; and Whereas, Beginning in 1992, Senator Gast presided over the Appropriations Committee in the room originally designed for the Michigan Supreme Court. Dedicated in 1879, the Supreme Court used the chamber for almost 100 years, longer than any other location in the state. The chamber escaped pressure through the years to be subdivided and reallocated as office space, and was used as a Senate hearing room after 1970. The Senate Appropriations Committee moved into the newly restored chambers in 1992 with Senator Gast as the committee chair; and Whereas, The chamber appropriately reflects the important and serious work carried out within its walls and the values of our state, in which Harry Gast believed and worked every day as a Senator to uphold. Using humble materials applied to appear as expensive stone and wood and hand-painted walls rather than expensive wall coverings, the chamber still exudes a sense of opulence and formality. It represents the traditions, first of the Supreme Court, and now of the Legis­ lature and Appropriations Committee, that are so important to the people of Michigan. Yet, it belies the very basic nature of the work and effort that takes place here every day by committed, concerned men and women such as Harry Gast. To this day, the chamber continues to impress and serve as one of the busiest public meeting and hearing rooms; now, therefore, be it 1548 JOURNAL OF THE SENATE [September 30, 2015] [No. 86 Resolved by the Senate (the House of Representatives concurring), That we offer this expression of our highest tribute to honor the memory of Harry T. Gast, a member of the House of Representatives from 1971 to 1978 and the Senate from 1979 to 2002; and be it further Resolved, That the Senate Appropriations Room, located on the third floor of the Michigan Capitol Building, be named the Harry T. Gast Appropriations Room and that markers designating this memorial be placed at the room; and be it further Resolved, That copies of this resolution be transmitted to the Gast family as evidence of our lasting esteem for his memory, and to the members of the Michigan State Capitol Commission. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The concurrent resolution was adopted by a unanimous standing vote of the Senate. Senator Kowall moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Gov­ ernor as co‑sponsors of the concurrent resolution. The motion prevailed, a majority of the members serving voting therefor. Senator Proos asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Proos’ statement is as follows: It is a great honor for me to stand with my colleagues who carry that long tradition of responsibility in Southwest Michigan of service to the people who matter—the voters, citizens, farmers, sportsmen, and our neighbors. I am joined by Representative Pagel, and in that long tradition of appropriations chairmen, Representative Pscholka of the House Appropriations Committee. Of course, also on behalf of the Gast family, I am joined by Harry’s daughter Barb Curtis as we honor Senator Harry T. Gast on his passing earlier this year. There is a brief statement I will make at the end that Barb asked me to make on behalf of Harry’s wife Jean. A few comments first that I think are important so that you all can know about Harry’s legacy in this chamber and in generations to come. This is why we will all gather with Chairman Hildenbrand and members of the Appropriations Committee, and on his behalf, the invitation is extended to all of the Senate, staff, guests, and members for that dedication in a few moments. Harry’s 32 years in the Michigan Legislature was an extraordinary record of service. His particular service was unique, if not brash. His brash nature was often found with the sense of responsibility to the people that he so loved in Southwest Michigan. That is a big task for those of us who fill these seats of these great men and women who have served before us, especially in an era of term limits. I know that both Representatives Pagel and Pscholka agree that for us to be able to walk in that shadow will never give us the opportunity to serve in that manner, because, in fact, Harry was a unique and once-in-a-lifetime breed of legislators. He told you what he meant by his words. By that, I mean you often had your hair combed back very directly. Harry always kept the local focus. In fact, most of the time, if you wanted to meet with him, you had better be willing to meet him on his tractor at home, after he finished his work here in Lansing. That public servant and proud farmer is who we honor and dedicate with a special tribute that, of course, each of us has the opportunity to give to the family members. This family is a unique family. They gave their dad up for all of us, for the chance for us to have his great service in this chamber. I hope that each of us will take the opportunity to remember those men and women who have given us that task of service today and continue to try to do so with the same honesty, integrity, hard work, and dedication that Harry showed in his entire time serving Southwest Michigan and here at Michigan’s Capitol. We see signs of Harry all over the place, whether it is at Grand Mere State Park or the Harry Gast Parkway in northern Berrien County. In fact, the history of Harry goes even further; he changed districts all throughout West Michigan. When Harry wanted to change districts, all he had to do was wait for the next census, and then the districts were changed to his liking. He was unique, one-of-a-kind, and our Southwest Michigan legislator whom we all try to emulate; albeit, perhaps without the salty language Harry was so accustomed to utilize. The tribute we have today, Madam President, is to thank Harry Gast and his family for his years of service. I know that his wife Jean was unable to be here today, but on behalf of the Senate, we will approve this resolution. Please help me to wel­ come and thank on behalf of the entire Gast family, in honor and memory of Senator Harry Gast, Barbara Curtis here today. Introduction and Referral of Bills Senators Jones, Marleau and Stamas introduced Senate Bill No. 531, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 176 and chapter 19A. The bill was read a first and second time by title and referred to the Committee on Judiciary. No. 86] [September 30, 2015] JOURNAL OF THE SENATE 1549 Senators Proos, Jones, Schuitmaker, Marleau and Stamas introduced Senate Bill No. 532, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 176. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Schuitmaker, Jones, Marleau and Stamas introduced Senate Bill No. 533, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 1988. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Jones and Schuitmaker introduced Senate Bill No. 534, entitled An act to prohibit public employers from providing certain benefits to public employees. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Hertel, Bieda and Knezek introduced Senate Bill No. 535, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding sections 484a and 956a. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senator Casperson introduced Senate Bill No. 536, entitled A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending section 6q (MCL 460.6q), as added by 2008 PA 286, and by adding section 6t. The bill was read a first and second time by title and referred to the Committee on Energy and Technology. House Bill No. 4636, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1202 (MCL 500.1202), as amended by 2014 PA 150. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Insurance. Committee Reports The Committee on Health Policy reported Senate Bill No. 374, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5101 (MCL 333.5101), as amended by 2010 PA 119. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson 1550 JOURNAL OF THE SENATE [September 30, 2015] [No. 86 To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson and Hertel Nays: None The bill was referred to the Committee of the Whole. The Committee on Health Policy reported Senate Bill No. 375, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5111 (MCL 333.5111), as amended by 2010 PA 119. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Health Policy reported Senate Bill No. 376, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5117 (MCL 333.5117), as amended by 2010 PA 119. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Health Policy reported Senate Bill No. 377, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5119 (MCL 333.5119), as amended by 2000 PA 209. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Health Policy reported Senate Bill No. 378, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5121 (MCL 333.5121), as added by 1988 PA 491. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel and Knezek Nays: None The bill was referred to the Committee of the Whole. No. 86] [September 30, 2015] JOURNAL OF THE SENATE 1551 The Committee on Health Policy reported Senate Bill No. 379, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5123 (MCL 333.5123), as amended by 1994 PA 200. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Health Policy reported Senate Bill No. 380, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5127 (MCL 333.5127), as added by 1988 PA 491. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Health Policy reported Senate Bill No. 381, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5129 (MCL 333.5129), as amended by 2014 PA 321. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel and Knezek Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Tuesday, September 29, 2015, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel and Knezek Excused: Senator Hopgood The Committee on Judiciary reported Senate Bill No. 226, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2012 PA 124. With the recommendation that the substitute (S-3) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson 1552 JOURNAL OF THE SENATE [September 30, 2015] [No. 86 To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 409, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7340c (MCL 333.7340c), as added by 2014 PA 217. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 410, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2014 PA 218. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 424, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7410 (MCL 333.7410), as amended by 2006 PA 552. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, September 29, 2015, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, September 29, 2015, at 12:00 noon, Room 110, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek No. 86] [September 30, 2015] JOURNAL OF THE SENATE 1553 COMMITTEE ATTENDANCE REPORT he Committee on Finance submitted the following: T Meeting held on Tuesday, September 29, 2015, at 2:30 p.m., Room 210, Farnum Building Present: Senators Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Excused: Senator Brandenburg (C) COMMITTEE ATTENDANCE REPORT he Legislative Council submitted the following: T Meeting held on Wednesday, September 30, 2015, at 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Meekhof (C), Schmidt, Stamas, Schuitmaker (Alternate), Hood and Bieda (Alternate) Excused: Senators Rocca and Ananich Scheduled Meetings Appropriations Subcommittees K-12, School Aid, Education - Wednesday, October 14, 8:30 a.m., Senate Appropriations Room, 3rd Floor, Capitol Build­ ing (373-2768) State Police and Military Affairs - Tuesday, October 6, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Criminal Justice Policy Commission - Wednesday, October 7, 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building (373-0212) Education - Wednesday, October 7, 8:30 a.m., Room 110, Farnum Building (373-5314) Energy and Technology - Thursday, October 1, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Judiciary - Tuesday, October 6, 3:00 p.m., Room 110, Farnum Building (373-1721) Transportation - Thursday, October 1, 8:30 a.m., Room 210, Farnum Building (373-5323) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:59 a.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, October 1, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1554 No. 87 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, October 1, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—excused Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—excused Hertel—present Hildenbrand—present Hood—present Hopgood—excused Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1556 JOURNAL OF THE SENATE [October 1, 2015] [No. 87 enator John M. Proos of the 21st District offered the following invocation: S Lord Jesus, we come to You today with humble and contrite hearts and ask that You bless this chamber, its members, and visitors with Your abundant grace. Lord, we thank You for the many blessings that You have bestowed upon each of us, Your children, and we raise our voices together in praise of Your abundant love. On this, the feast day of St. Therese of Lisieux, we read in Your blessed and holy word from Matthew 8, where You state: “Thus says the Lord, unless you turn and become like children, you will not enter the kingdom of heaven.” In Your infinite power, O Lord, we ask that You give each of us the simplicity of children so that we may come to You with humility, free from that which binds us on earth, so that we may see Your truth and Your kingdom. Further, Lord, we ask that You be with the men and women of the armed forces all over the world as they are indeed in harm’s way. Protect them, provide for their safety, and we humbly ask that You give their families the comfort and security of Your loving care. Bless the people of the state of Michigan and in this body as we seek to glorify Your name, Jesus Christ, today and every day. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Green, Zorn, Knezek and Johnson entered the Senate Chamber. enator Kowall moved that Senator Hansen be excused from today’s session. S The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Bieda and Hopgood be excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow his guests and the guests of Senators Meekhof and Nofs admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. The Secretary announced that pursuant to Rule 2.109 of the Standing Rules of the Senate, the following expense reports have been filed with the Senate Business Office for the quarter from April 1, 2015 through June 30, 2015, and are available in the Senate Business Office during business hours for public inspection: Committee Agriculture Appropriations Banking and Financial Institutions Commerce Economic Development and International Investment Education Elections and Government Reform Energy and Technology Families, Seniors and Human Services Finance Government Operations Health Policy Insurance Judiciary Local Government Michigan Competitiveness Natural Resources Chairperson Senator Joe Hune Senator Dave Hildenbrand Senator Darwin Booher Senator Wayne Schmidt Senator Ken Horn Senator Phil Pavlov Senator David Robertson Senator Mike Nofs Senator Judy Emmons Senator Jack Brandenburg Senator Arlan Meekhof Senator Mike Shirkey Senator Joe Hune Senator Rick Jones Senator Dale Zorn Senator Mike Shirkey Senator Tom Casperson No. 87] [October 1, 2015] JOURNAL OF THE SENATE Outdoor Recreation and Tourism Regulatory Reform Transportation Veterans, Military Affairs and Homeland Security Senator Senator Senator Senator 1557 Goeff Hansen Tory Rocca Tom Casperson Margaret O’Brien The Senate Business Office submitted, pursuant to Senate Rule 1.208, the following report on out-of-state travel by mem­ bers on legislative business for the quarter ending September 30, 2015: enator Ken Horn S July 10-13 CSG Midwestern Legislative Conference Bismarck, ND $1,215.28 The Secretary announced that the following bills were printed and filed on Wednesday, September 30, and are available at the Michigan Legislature website: Senate Bill Nos. 517 518 519 520 521 522 523 524 525 526 527 528 529 530 531 532 533 534 535 536 House Bill Nos. 4907 4908 4909 4910 4911 4912 4913 4914 4915 4916 4917 4918 4919 4920 4921 4922 4923 4924 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:05 a.m. 10:37 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator Young entered the Senate Chamber. Senator Kowall moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today: House Bill No. 4102 The motion prevailed, a majority of the members serving voting therefor. Messages from the Governor The following messages from the Governor were received: Date: September 30, 2015 Time: 9:50 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 62 (Public Act No. 131), being An act to amend 1937 PA 103, entitled “An act to prescribe certain conditions relative to the execution of instruments entitled to be recorded in the office of the register of deeds,” by amending section 3 (MCL 565.203). (Filed with the Secretary of State on September 30, 2015, at 2:42 p.m.) Date: September 30, 2015 Time: 9:52 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 281 (Public Act No. 132), being An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be 1558 JOURNAL OF THE SENATE [October 1, 2015] [No. 87 brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 8322 (MCL 600.8322), as amended by 2005 PA 326. (Filed with the Secretary of State on September 30, 2015, at 2:44 p.m.) Date: September 30, 2015 Time: 9:56 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 468 (Public Act No. 133), being An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 17739a, 17739b, 17739c, and 17748a (MCL 333.17739a, 333.17739b, 333.17739c, and 333.17748a), sections 17739a, 17739b, and 17739c as added by 2014 PA 285 and section 17748a as added by 2014 PA 280. (Filed with the Secretary of State on September 30, 2015, at 2:46 p.m.) Respectfully, Rick Snyder Governor By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 The motion prevailed. enate Resolution No. 84. S A resolution of tribute offered to honor Greg White upon the completion of his term on the Michigan Public Service Commission. The question being on the adoption of the resolution, The resolution was adopted. Senator Kowall moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Gov­ ernor as co‑sponsors of the resolution. The motion prevailed, a majority of the members serving voting therefor. Senator Nofs asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Nofs’ statement is as follows: Today it is my privilege to offer this resolution and say a few words about a man I’ve had the pleasure of working with for a number of years, former Public Service Commissioner Greg White. With Greg today is his lovely wife Junru and his former executive advisor at the commission, Pat Poli. No. 87] [October 1, 2015] JOURNAL OF THE SENATE 1559 I first got to know Greg when I took over as chairman of the House Energy and Technology Committee, and he served as the legislative liaison for the commission. As a new chairman of a major policy committee, I was trying to get up to speed on the many issues facing the committee, and Greg was a wealth of information. As legislators, we know how valuable it is to have good relations and be able to get good information from our state agencies. I found Greg to be a straight shooter, always looking to help find a solution. I came to rely on his advice and counsel regarding matters related to the commission, as well as energy, especially nuclear energy, which is one of his areas of expertise. Throughout his governmental career, Greg has served the state of Michigan and its residents with distinction. He has served on and provided expert testimony before a variety of federal commissions, boards, and agencies, as well as representing Michigan before Congress on matters of energy and telecommunications policy. His experience and expertise have now made him a sought-after consultant on these issues. As a commissioner, Greg took his role seriously in protecting the interests of the citizens of Michigan and the integrity of the regulatory process, which I greatly appreciate. Commissioners are entrusted with a great deal of authority and dis­ cretion in carrying out Michigan statutes, and I think Greg was always mindful of that and very judicious in his approach. So, Mr. President, in honor of the completion of his term on the Michigan Public Service Commission, I want to personally thank Greg for his service, counsel, and friendship over these many years. I would ask my colleagues to join me in supporting Senate Resolution No. 84. enator O’Brien offered the following resolution: S Senate Resolution No. 98. A resolution designating October 3, 2015, as Buy Nearby Get Caught Blue-Handed Day. Whereas, Buy Nearby is an ongoing, year-round campaign launched by the Michigan Retailers Association to benefit businesses, local communities, and residents across Michigan; and Whereas, The campaign is intended to serve as a personal call to action, a symbol of pride and celebration, a rallying cry across Michigan, and an economic driver for our state and local communities; and Whereas, Buy Nearby wants to bring a Pure Michigan type of feeling to shopping in Michigan and get shoppers com­ mitted to buying nearby in Michigan; and Whereas, Retailing is responsible for 850,000 jobs in Michigan. If shoppers commit to buying nearby in Michigan, we can create more local jobs through increased local purchases; and Whereas, If Michigan consumers chose to support retail businesses in Michigan by always buying nearby rather than from remote sellers, Michigan in 2015 would gain more than 74,000 additional jobs and $9 billion in additional economic activity, including $2.5 billion in additional wages the new workers would earn; and Whereas, Each purchase made when someone buys nearby in Michigan keeps more money within Michigan communi­ties, which improves the vitality of Michigan’s local economies and their quality of life and directly supports our communities, our schools, and our infrastructure; and Whereas, Buy Nearby seeks to build upon and strengthen existing shop-local groups by expanding and elevating the Buy Nearby in Michigan movement to a statewide campaign; and Whereas, The year-round Buy Nearby campaign has designated October 3, 2015, as Get Caught Blue-Handed Day, a day to celebrate local retail businesses and their importance and to encourage consumers to get caught buying nearby; and Whereas, Communities and retailers are encouraged to offer special events and other promotions to encourage local shopping and stimulate Michigan’s economy on Get Caught Blue-Handed Day; and Whereas, Buy Nearby will inspire shoppers to participate in the excitement of Get Caught Blue-Handed Day, which will demonstrate that buying nearby can be fun and rewarding to local communities and consumers; now, therefore, be it Resolved by the Senate, That October 3, 2015, be hereby designated as Buy Nearby Get Caught Blue-Handed Day in the state of Michigan; and be it further Resolved, That the people of the state of Michigan are encouraged to buy nearby on this day and every day. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Booher, Brandenburg, Gregory, Hildenbrand, Jones, Kowall, MacGregor, Proos, Schmidt, Warren and Zorn were named co‑sponsors of the resolution. enate Concurrent Resolution No. 16. S A concurrent resolution of tribute offered as a memorial for Harry T. Gast, former member of the House of Represen­ta­ tives and the Senate. (For text of resolution, see Senate Journal No. 86, p. 1547.) The House of Representatives has adopted the concurrent resolution and the entire membership were named co‑sponsors. The concurrent resolution was referred to the Secretary for record. 1560 JOURNAL OF THE SENATE [October 1, 2015] [No. 87 Introduction and Referral of Bills Senators Jones and Booher introduced Senate Bill No. 537, entitled A bill to amend 1973 PA 186, entitled “Tax tribunal act,” by amending sections 21, 22, 25, 32, 34, 35a, 47, 49, 51, and 62 (MCL 205.721, 205.722, 205.725, 205.732, 205.734, 205.735a, 205.747, 205.749, 205.751, and 205.762), section 22 as amended by 2008 PA 127, sections 32 and 35a as amended and section 47 as added by 2008 PA 125, section 34 as amended by 1980 PA 437, section 49 as amended by 2008 PA 126, and section 62 as amended by 2008 PA 128. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Brandenburg, Smith, Proos, MacGregor, Marleau and Bieda introduced Senate Bill No. 538, entitled A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending sections 2, 30, and 31 (MCL 567.222, 567.250, and 567.251), section 2 as amended by 2008 PA 208, section 30 as amended by 2012 PA 292, and section 31 as amended by 2013 PA 148, and by adding sections 4a and 31b. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Hansen, Ananich, Casperson, Booher, Emmons, Young, Johnson, Hertel, Nofs, Marleau, Knezek, Gregory and Proos introduced Senate Bill No. 539, entitled A bill to amend 2008 PA 549, entitled “Michigan promise zone authority act,” by amending the title and sections 5, 7, 9, 11, 17, and 19 (MCL 390.1665, 390.1667, 390.1669, 390.1671, 390.1677, and 390.1679), sections 5, 7, 11, and 17 as amended by 2013 PA 210, and by adding sections 4 and 4a; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Economic Development and Inter­ national Investment. Senators Ananich, Hansen, Casperson, Booher, Emmons, Young, Johnson, Hertel, Nofs, Marleau, Gregory, Knezek and Proos introduced Senate Bill No. 540, entitled A bill to amend 1993 PA 331, entitled “State education tax act,” by amending section 5 (MCL 211.905), as amended by 2004 PA 443. The bill was read a first and second time by title and referred to the Committee on Economic Development and Inter­ national Investment. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Proos as Chairperson. Recess enator Kowall moved that the Committee of the Whole recess subject to the call of the Chairperson. S The motion prevailed, the time being 10:51 a.m. 10:58 a.m. The Committee of the Whole was called to order by the Chairperson, Senator Proos. No. 87] [October 1, 2015] JOURNAL OF THE SENATE 1561 After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4499, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3815 (MCL 600.3815), as amended by 2014 PA 387. House Bill No. 4500, entitled A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.79c) by adding section 79d. House Bill No. 4503, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 4710. House Bill No. 4506, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 7524b. House Bill No. 4507, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 3841. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4504, entitled A bill to create the uniform forfeiture reporting act; to require certain reports by reporting agencies regarding seized and forfeited property; to prescribe the powers and duties of certain local and state officials; to provide for certain fees and the expenditure of those fees; to require certain audits; to require certain reports by the department of state police; to provide for the withholding of law enforcement funds under certain circumstances; and to repeal acts and parts of acts. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4505, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7521 (MCL 333.7521), as amended by 2001 PA 236. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4102, entitled A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2016 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations. Substitute (S-1). The following are the amendments to the substitute recommended by the Committee of the Whole: 1. Amend page 5, following line 9, by inserting: “SEC 152. DEPARTMENT OF ENVIRONMENTAL QUALITY (1) APPROPRIATION SUMMARY: Full-time equated classified positions..................................................................................0.0 1562 JOURNAL OF THE SENATE [October 1, 2015] [No. 87 GROSS APPROPRIATION.......................................................................................................... $ 100 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 0 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 100 Federal revenues: Total federal revenues................................................................................................................... 0 Special revenue funds: Total local revenues...................................................................................................................... 0 Total private revenues................................................................................................................... 0 Total other state restricted revenues............................................................................................. 0 State general fund/general purpose.............................................................................................. $ 100 (2) RESOURCE MANAGEMENT DIVISION Full-time equated classified positions..................................................................................0.0 City of Flint emergency water services........................................................................................ $ 100 GROSS APPROPRIATION.......................................................................................................... $ 100 Appropriated from: State general fund/general purpose.............................................................................................. $ 100”. 2. Amend page 5, line 10, by striking out “152” and inserting “153”. 3. Amend page 6, following line 8, by inserting: “(4) DEPARTMENTWIDE ADMINISTRATION Rent and state office facilities...................................................................................................... $ 100 GROSS APPROPRIATION.......................................................................................................... $ 100 Appropriated from: State general fund/general purpose.............................................................................................. $ 100” and adjusting the subtotals, totals, and section 201 accordingly. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage: House Bill No. 4102 The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 4168 Senate Bill No. 366 Senate Bill No. 458 Senate Bill No. 500 House Bill No. 4102 The motion prevailed. The following bill was read a third time: House Bill No. 4168, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 42a (MCL 211.42a), as amended by 2012 PA 461. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 388 Ananich Booher Yeas—34 Hood Horn Marleau Schmidt Meekhof Schuitmaker No. 87] [October 1, 2015] JOURNAL OF THE SENATE 1563 Brandenburg Hune Nofs Shirkey Casperson Johnson O’Brien Smith Emmons Jones Pavlov Stamas Green Knezek Proos Warren Gregory Knollenberg Robertson Young Hertel Kowall Rocca Zorn Hildenbrand MacGregor Nays—1 Colbeck Excused—3 Bieda Hansen Hopgood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 366, entitled A bill to regulate the solicitation of certain deeds; to prescribe the powers and duties of certain state agencies and officials; and to provide remedies. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 389 Yeas—35 Ananich Hildenbrand Booher Hood Brandenburg Horn Casperson Hune Colbeck Johnson Emmons Jones MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Smith O’Brien Stamas Pavlov Warren 1564 JOURNAL OF THE SENATE [October 1, 2015] [No. 87 Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hertel Kowall Rocca Nays—0 Excused—3 Bieda Hansen Hopgood Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 458, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 51 of chapter X (MCL 710.51), as amended by 1996 PA 409. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 390 Yeas—34 Ananich Hood Marleau Schmidt Booher Horn Meekhof Schuitmaker Brandenburg Hune Nofs Shirkey Casperson Johnson O’Brien Smith Emmons Jones Pavlov Stamas Green Knezek Proos Warren Gregory Knollenberg Robertson Young Hertel Kowall Rocca Zorn Hildenbrand MacGregor Nays—1 Colbeck Excused—3 Bieda Hansen Hopgood Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. No. 87] [October 1, 2015] JOURNAL OF THE SENATE 1565 The following bill was read a third time: Senate Bill No. 500, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 44 (MCL 421.44), as amended by 2011 PA 269. The question being on the passage of the bill, Senator Hood offered the following amendment: 1. Amend page 7, following line 19, by inserting: “Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 525 of the 98th Legislature is enacted into law.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 391 Yeas—10 Ananich Hood Rocca Warren Gregory Johnson Smith Young Hertel Knezek Nays—25 Booher Horn Marleau Robertson Brandenburg Hune Meekhof Schmidt Casperson Jones Nofs Schuitmaker Colbeck Knollenberg O’Brien Shirkey Emmons Kowall Pavlov Stamas Green MacGregor Proos Zorn Hildenbrand Excused—3 Bieda Hansen Hopgood Not Voting—0 In The Chair: President Senator Warren offered the following amendment: 1. Amend page 7, following line 19, by inserting: “Enacting section 1. This amendatory act does not take effect unless House Bill No. 4655 of the 98th Legislature is enacted into law.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 392 Yeas—10 Ananich Hood Rocca Warren Gregory Johnson Smith Young Hertel Knezek 1566 JOURNAL OF THE SENATE [October 1, 2015] Nays—25 Booher Horn Marleau Robertson Brandenburg Hune Meekhof Schmidt Casperson Jones Nofs Schuitmaker Colbeck Knollenberg O’Brien Shirkey Emmons Kowall Pavlov Stamas Green MacGregor Proos Zorn Hildenbrand Excused—3 Bieda Hansen Hopgood Not Voting—0 In The Chair: President he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 393 Yeas—26 Booher Horn Meekhof Rocca Brandenburg Hune Nofs Schmidt Casperson Jones O’Brien Schuitmaker Colbeck Knollenberg Pavlov Shirkey Emmons Kowall Proos Stamas Green MacGregor Robertson Zorn Hildenbrand Marleau Nays—9 Ananich Hood Knezek Warren Gregory Johnson Smith Young Hertel Excused—3 Bieda Hansen Hopgood Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. [No. 87 No. 87] [October 1, 2015] JOURNAL OF THE SENATE 1567 Protests Senators Warren, Hertel, Hood, Ananich, Young, Gregory and Johnson, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 500. Senator Warren moved that the statement she made during the discussion of the bill be printed as her reasons for voting “no.” The motion prevailed. Senator Warren’s statement, in which Senators Hertel, Hood, Ananich, Young, Gregory and Johnson concurred, is as fol­lows: I rise to give my “no” vote explanation on Senate Bill No. 500. Colleagues, Section 421.2 of the Michigan Employment Security Act outlines the Legislature’s declaration of public policy when the unemployment law was first enacted in 1936. This policy statement says that the use of unemployment reserves is, and I quote, “for the benefit of persons unemployed through no fault of their own, thus maintaining purchasing power and limiting the serious social consequences of relief assistance, is for the public good, and the general welfare of the people of this state.” A reminder of what unemployment insurance was created for and who it is supposed to help: It is supposed to be for the people who through no fault of their own have lost their employment. That is not what Senate Bill No. 500 does. Senate Bill No. 500 gives an ongoing additional tax break to employers in their unemployment insurance tax, while we have heard other colleagues in this chamber say today it’s been over 13 years since those receiving unemployment have received any kind of increase in the benefits that they have received. That means that those who are unemployed—a single mother with two children is receiving less than 80 percent of the federal poverty line. It’s hardly enough to feed her children and keep her mortgage payment or rent covered while she looks for another job. Our trust fund, those of us who have served in this chamber for awhile, which many of us have, we know that the unemploy­ment trust fund got into some trouble. We had to borrow money from the federal government. We have been fighting to rebuild the reserves in this fund. The fact that we are standing here in this chamber with a healthy reserve in the unemployment trust fund that is over $2.5 billion now is a testament to the hard work that we have done in policy to make sure that it is sound. But if the trust fund is sound, let’s take this opportunity to change the lives of those who are struggling with unemploy­ ment. Let’s give them just a little bit more. We’re not going to make them rich, but let’s make sure that they can pay their rent, pay their mortgage, feed their kids, do what they need to do, and pay for gas to go to job interviews while they’re looking for that next job. Our employers have received a lot of tax breaks in the last little while and certainly in this program. Instead of cementing another long-term cut for our employers, let’s help the people who need it the most. I’m voting “no” on Senate Bill No. 500, and I encourage you to think long and hard, and hopefully, colleagues, you will do the same. Senator Hood asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Hood’s statement is as follows: My amendment tie-bars Senate Bill No. 500 to Senate Bill No. 525, which raises the maximum weekly unemployment benefit rate from $362 per week to $471 and indexes it to inflation. Additionally, my amendment restores the maximum time frame for unemployment benefits from 20 to 26 weeks. Michigan is one of only eight states that offer less than 26 weeks of unemployment benefits. This is due to a number of cuts made in 2012 to the state’s unemployment insurance program that were attributed to the UI Trust Fund being insolvent. We also saw changes in 2012 that included more stringent eligibility requirements and awarded the state with the ability to collect restitution on overpayments. Those changes also gave employers—not the employed—a tax break when the UI Trust Fund hit a healthy level. While I believe that the goal of adjusting taxable wages based on a healthy trust fund was well-intentioned, I didn’t support it in 2012, and I don’t support it now. If you’d rather give employers the tax breaks, then the least you can do is ensure that those unemployed by no fault of their own have benefits they can, at a minimum, survive on, as well as be given adequate time to find gainful employment. Considering the fact that it’s been 13 years since we last adjusted the maximum weekly benefit and there have been so many other slashes to the program, I think my amendment is perfectly reasonable. I ask for your support of this amendment. The following bill was read a third time: House Bill No. 4102, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal years ending September 30, 2015 and September 30, 2016; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts. 1568 JOURNAL OF THE SENATE [October 1, 2015] [No. 87 he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 394 Yeas—30 Ananich Hood Marleau Schmidt Booher Horn Meekhof Shirkey Brandenburg Johnson Nofs Smith Casperson Jones O’Brien Stamas Green Knezek Proos Warren Gregory Knollenberg Robertson Young Hertel Kowall Rocca Zorn Hildenbrand MacGregor Nays—5 Colbeck Hune Pavlov Schuitmaker Emmons Excused—3 Bieda Hansen Hopgood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Statements Senator Meekhof asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Meekhof’s statement is as follows: As you know, we are very fortunate here in the state of Michigan. Our beautiful state is surrounded by freshwater of five Great Lakes. In fact, I have a T-shirt company in my district that prints one saying: “Four of the Five Great Lakes Prefer Michigan.” We have 20 percent of the world’s freshwater, and each and every one of us here in this chamber has experienced the benefits of our Great Lakes and the waterways at one time or another. As many of you know, I am an avid kayaker and fisherman, and some of my favorite memories with my family have a lake setting in the background. Just as precious as the memories and activities are the industries that rely on our freshwater. Fishing and tourism are large parts of our economy. Governor Engler spent billions of dollars in Michigan to fish and enjoy the bounty of our Great Lakes and inland lakes and waterways. Michigan’s recreational fishery has an annual economic value of more than $2 billion and supports more than 15,000 jobs statewide. Michigan commercial fishing operations pump millions of dollars into our economy. While other states have ties to the Great Lakes, Michigan is identified by the unique topography created as a result of these bodies of water. Any threat to our lakes and waterways impacts people all across our state and could have a dramatic impact on our No. 87] [October 1, 2015] JOURNAL OF THE SENATE 1569 economy. While we can all work to protect the Great Lakes, our legislative authority is sometimes limited when it comes to regulating the impact of outside factors on our environment. Today I would like to take a moment to draw your attention to the continued threat of invasive species to our state. Specifically, I am concerned about the Asian carp. I know many of you share my great concern that this fish will become a permanent and destructive presence in the Great Lakes. The Asian carp is not a new threat, but it may soon be a bigger problem for Michigan if Congress and the President do not take action to protect the Great Lakes from this creature. Recently, it has been reported that the Asian carp have made their way into Lake Erie, and specimens are now being tested to determine whether or not these fish are reproducing in the lake. Limited action by the federal government may have failed to protect our lakes, our economy, and our state from this unwanted invasive species. My colleagues and I are limited as to the reach of our intervention on this issue. As such, I implore the President and Congress to take swift action to address the threat of Asian carp. This fish was first introduced in the United States in the 1960s. I think over 50 years is plenty of time to craft and imple­ ment an effective strategy to protect the Great Lakes from potential destruction. Committee Reports The Committee on Regulatory Reform reported Senate Bill No. 303, entitled A bill to amend 1937 PA 215, entitled “An act to authorize municipalities to own or control cemetery or burial grounds; to provide for perpetual care and maintenance; to provide for endowment and perpetual care funds; and to permit municipalities to authorize the creation of joint cemetery associations,” by amending section 1 (MCL 128.1), as amended by 1980 PA 366. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, Marleau, Hune, Warren, Hertel and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Regulatory Reform reported Senate Bill No. 357, entitled A bill to amend 1974 PA 300, entitled “Motor vehicle service and repair act,” by amending sections 2 and 10 (MCL 257.1302 and 257.1310), section 2 as amended by 1988 PA 254 and section 10 as amended by 2000 PA 366, and by adding sections 6a and 10a. With the recommendation that the bill be referred to the Committee on Judiciary. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Knollenberg, Kowall, Hune, Warren, Hertel and Johnson Nays: None The bill was referred to the Committee on Judiciary. The Committee on Regulatory Reform reported Senate Bill No. 372, entitled A bill to amend 1966 PA 291, entitled “Firefighters training council act,” by amending section 9 (MCL 29.369), as amended by 2013 PA 166. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, Marleau, Hune, Warren, Hertel and Johnson Nays: None The bill was referred to the Committee of the Whole. 1570 JOURNAL OF THE SENATE [October 1, 2015] [No. 87 The Committee on Regulatory Reform reported House Bill No. 4263, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16336, 17901, 17905, and 17906 (MCL 333.16336, 333.17901, 333.17905, and 333.17906), as added by 2006 PA 54. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, Marleau, Hune, Warren, Hertel and Johnson Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Regulatory Reform submitted the following: T Meeting held on Wednesday, September 30, 2015, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Rocca (C), Jones, Knollenberg, Kowall, Marleau, Hune, Warren, Hertel and Johnson The Committee on Outdoor Recreation and Tourism reported Senate Bill No. 446, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40111a (MCL 324.40111a), as amended by 2009 PA 199. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Goeffrey M. Hansen Chairperson To Report Out: Yeas: Senators Hansen, Zorn, Schmidt, Green and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Outdoor Recreation and Tourism submitted the following: T Meeting held on Wednesday, September 30, 2015, at 12:30 p.m., Room 110, Farnum Building Present: Senators Hansen (C), Zorn, Schmidt, Green and Johnson The Committee on Appropriations reported House Bill No. 4102, entitled A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2016 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. No. 87] [October 1, 2015] JOURNAL OF THE SENATE 1571 COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Tuesday, September 29, 2015, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hertel, Knezek and Young Excused: Senator Hopgood COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, September 30, 2015, at 11:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Proos, Nofs, Green, Marleau, Gregory, Hertel, Knezek and Young Excused: Senators Shirkey and Hopgood COMMITTEE ATTENDANCE REPORT he Committee on Natural Resources submitted the following: T Meeting held on Wednesday, September 30, 2015, at 12:30 p.m., Room 210, Farnum Building Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren Scheduled Meetings Appropriations Subcommittees K-12, School Aid, Education - Wednesday, October 14, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Build­ing (373-2768) State Police and Military Affairs - Tuesday, October 6, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Criminal Justice Policy Commission - Wednesday, October 7, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Education - Wednesday, October 7, 8:30 a.m., Room 110, Farnum Building (373-5314) Finance - Tuesday, October 6, 2:30 p.m., Room 210, Farnum Building (373-5323) Judiciary - Tuesday, October 6, 3:00 p.m., Room 110, Farnum Building (373-1721) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:30 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, October 6, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1572 No. 88 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, October 6, 2015. 10:00 a.m. The Senate was called to order by the Assistant President pro tempore, Senator Margaret E. O’Brien. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—excused Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1574 JOURNAL OF THE SENATE [October 6, 2015] [No. 88 astor Steve Smail of Lighthouse Baptist Church of Plainwell offered the following invocation: P God in heaven, we bow before You this morning, thanking You for who You are; thanking You for all You have given us, realizing that You are the Creator of all, the Ruler of all, the Giver of all good things, and the One who loves us far beyond what we could ever comprehend. We thank You this morning for that. As we bow this morning, we also thank You for our country, the United States of America. Thank You for the many freedoms it gives us. Thank You for our tremendous history; how we have seen Your hand through the years, moving throughout our nation. I’m reminded this morning of the verse that says, “Blessed is the nation whose God is the Lord.” We thank You for Your clear hand of guidance throughout our history. Lord, I also want to thank You for these public servants here in this room today. Thank You so much for their desire to be servants to the people of the state of Michigan. Lord, I thank You for their commitment. Thank You for their many long nights of thinking of decisions that are coming and challenges that might lie ahead. I thank You, Lord, for their service. I pray for them today and for their families. I pray that You watch over them, and bless their families. Lord, most importantly, give them wisdom for the important decisions that they make day to day. I thank You today for our Governor, Governor Snyder, and for Lieutenant Governor Brian Calley. I pray for them today, as well, Lord, that You might guide and direct their thoughts as they make important decisions as well. Thank You, again, for our nation and for our President, President Obama. Lord, I pray for him today, that You guide and direct his thoughts. For those who serve in Washington, D.C., I thank You as well. Lord, I pray for our troops today who may be in harm’s way all over this world. Thank You for them and their commitment to our country, and God, today, I ask that You might watch over them and keep them safe. Lord, most importantly, today, I ask for grace and wisdom for these people in this room; these people who make such important decisions not just for today, but for generations to come. God, I pray that You might guide them and lead them as they make those important decisions. We thank You, again, for this great state, for the freedoms we have, and, God, for all You have blessed us with. We give You the praise and thanks, and we ask this all in the name of our Savior Jesus Christ. Amen. The Assistant President pro tempore, Senator O’Brien, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Bieda entered the Senate Chamber. enator Kowall moved that Senator Casperson be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senator Hansen be excused from today’s session. S The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. The Secretary announced that the following House bills were received in the Senate and filed on Thursday, October 1: House Bill Nos. 4137 4138 4713 4904 The Secretary announced that the following bills were printed and filed on Thursday, October 1, and are available at the Michigan Legislature website: Senate Bill Nos. 537 538 539 540 House Bill Nos. 4925 4926 The Secretary announced that the following bills were printed and filed on Friday, October 2, and are available at the Michigan Legislature website: House Bill Nos. 4927 4928 4929 4930 4931 4932 4933 4934 4935 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:05 a.m. No. 88] [October 6, 2015] JOURNAL OF THE SENATE 1575 10:48 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senators Casperson and Young entered the Senate Chamber. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Young as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 93, entitled A bill to amend 1982 PA 302, entitled “An act to create the Michigan justice training commission and the Michigan justice training fund; to provide the powers and duties of certain state agencies; to provide for the distribution and expendi­ ture of funds; and to provide for the promulgation of rules,” by amending sections 1, 2, 3, 4, 5, 6, 8, and 9 (MCL 18.421, 18.422, 18.423, 18.424, 18.425, 18.426, 18.428, and 18.429), sections 1, 2, 3, 4, 5, and 6 as amended and section 9 as added by 1989 PA 158, and by adding sections 7, 8a, and 10. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 94, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7411 (MCL 333.7411), as amended by 2013 PA 223. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 95, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 181 (MCL 600.181), as amended by 2008 PA 545. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 96, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11 of chapter III (MCL 763.11), as added by 2012 PA 479. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 92, entitled A bill to amend 1965 PA 203, entitled “Commission on law enforcement standards act,” by amending sections 1, 2, 3, 5, 6, 7, 9, 9a, 9b, 9c, 10, 11, 12, 13, and 14 (MCL 28.601, 28.602, 28.603, 28.605, 28.606, 28.607, 28.609, 28.609a, 28.609b, 28.609c, 28.610, 28.611, 28.612, 28.613, and 28.614), sections 1, 3, 5, 6, 7, 11, 12, and 14 as amended and sections 9a, 9b, and 9c as added by 1998 PA 237, section 2 as amended by 2013 PA 170, section 9 as amended by 2005 PA 239, and section 10 as amended by 2010 PA 67; and to repeal acts and parts of acts. 1576 JOURNAL OF THE SENATE [October 6, 2015] [No. 88 Substitute (S-7). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 340 House Bill No. 4521 House Bill No. 4527 The motion prevailed. The following bill was read a third time: Senate Bill No. 340, entitled A bill to amend 1915 PA 31, entitled “Youth tobacco act,” by amending sections 1 and 2 (MCL 722.641 and 722.642), as amended by 2006 PA 236. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 395 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Hansen Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4521, entitled A bill to provide for the voluntary issuance of identification and patches for service animals; and to provide for certain powers and duties of the department of civil rights. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 88] Roll Call No. 396 [October 6, 2015] JOURNAL OF THE SENATE 1577 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Hansen Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4527, entitled A bill to amend 1981 PA 82, entitled “An act to prohibit the use of certain collars or harnesses and leashes on dogs in public places, except by deaf, audibly impaired, or otherwise physically limited persons; and to prescribe penalties,” by amending the title and sections 1, 2, and 3 (MCL 752.61, 752.62, and 752.63), the title and sections 1 and 2 as amended by 1984 PA 111, and by adding section 4. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 397 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hertel 1578 JOURNAL OF THE SENATE [October 6, 2015] [No. 88 Nays—0 Excused—1 Hansen Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 The motion prevailed. enator Meekhof offered the following resolution: S Senate Resolution No. 99. A resolution to congratulate the government and people of the Republic of China (Taiwan) on the celebration of their 104th National Day on October 10, 2015. Whereas, Relations between the Republic of China (Taiwan) and the United States are marked by strong bilateral trade, education, and cultural exchanges. The United States is Taiwan’s third-largest trading partner, and Taiwan is the twelfthlargest trading partner of the United States. In 2014, trade between these two nations totaled more than $67.4 billion in exchanged goods, nearly $5 billion more than in the previous year; and Whereas, Taiwan and the state of Michigan have long benefited from this relationship. In 2013, Taiwan was the sixth most popular destination for Michigan-made products. A year later, Michigan exports to the island nation amounted to $247 million, an increase of 30 percent over the previous year. From 2013 to 2014, Michigan imports from Taiwan increased from $705 million to $805 million, a 14 percent increase, making the outlook for joint economic and cultural growth in the future bright; and Whereas, Further strengthening bilateral trade between our two nations would be mutually beneficial, and negotiations for a bilateral investment agreement between Taiwan and the United States is an important first step. This trade agreement is essential to increasing foreign direct investment and technical collaboration through tariff reduction and other trade facilitation measures. Moreover, trade agreements like these pave the way for a free trade agreement between the Pacific nations; and Whereas, Taiwan’s participation in international organizations benefits not just the people of Taiwan, but the inter­national community as a whole by virtue of increased communication and more efficient accomplishment of shared goals gained through a nonexclusionary approach to global participation in creating unified efforts, including nations like Taiwan— nations with the same values of freedom, democracy, human rights, the rule of law, peace, and prosperity as the United States and the state of Michigan—would strengthen such organizations to the benefit of all; now, therefore, be it Resolved by the Senate, That the members of this legislative body congratulate the government and people of the Republic of China (Taiwan) on their 104th National Day and declare October 10, 2015, as the Republic of China Day in the state of Michigan; and be it further Resolved, That we support the signing of the Free Trade Agreement and Bilateral Investment Agreement between the United States and Taiwan and support Taiwan’s efforts to participate significantly in international organizations; and be it further No. 88] [October 6, 2015] JOURNAL OF THE SENATE 1579 Resolved, That copies of this resolution be transmitted to the U.S. Secretary of State; the Taipei Economic and Cultural Office in Chicago, Illinois; and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Gregory, Hildenbrand, Jones, Kowall, Marleau, Proos, Robertson, Schuitmaker and Warren were named co‑sponsors of the resolution. enator O’Brien offered the following resolution: S Senate Resolution No. 100. A resolution designating October 2015 as Breast Cancer Awareness Month. Whereas, The National Cancer Institute estimates that a woman in the United States has a 1 in 8 chance of developing invasive breast cancer during her lifetime; and Whereas, Excluding cancers of the skin, breast cancer is the most common cancer diagnosed among U.S. women, accounting for more than 1 in 4 cancers; and Whereas, Breast cancer is the most frequently diagnosed cancer among women in Michigan; and Whereas, Breast cancer is the second-leading cause of cancer death for women in the U.S.; and Whereas, All women are at risk for breast cancer; and Whereas, Since the inception of Breast Cancer Awareness Month in 1985, mammography use across America has doubled, and breast cancer death rates have declined; now, therefore, be it Resolved by the Senate, That we join together in recognizing October 2015 as Breast Cancer Awareness Month in Michigan; and be it further Resolved, That the members of this legislative body urge all Michiganders to use this month as an opportunity to educate themselves about breast cancer, and take proactive steps to reduce their risk and get appropriate screening; and be it further Resolved, That we stand in full support of those currently battling this serious disease; and be it further Resolved, That we offer sincere condolences to those who have lost loved ones to breast cancer; and be it further Resolved, That we congratulate those who have won their fight with breast cancer; and be it further Resolved, That we support all those making efforts to diagnose, research, and treat breast cancer across the state of Michigan; and be it further Resolved, That copies of this resolution be transmitted to Susan G. Komen® Michigan and the American Cancer Society. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senator Kowall moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieuten­ ant Gov­ernor as co‑sponsors of the resolution. The motion prevailed, a majority of the members serving voting therefor. Senator O’Brien asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator O’Brien’s statement is as follows: It is a pleasure to introduce this resolution designating October 2015 as Breast Cancer Awareness Month in the state of Michigan. The National Cancer Institute estimates that a woman in the United States has a 1 in 8 chance of developing invasive breast cancer during her lifetime. If you exclude skin cancers, breast cancer is the most common cancer diagnosed among U.S. women, accounting for more than 1 in 4 cancers. Unfortunately, breast cancer is the second leading cause of cancer deaths to women in the United States. I ask my colleagues to join me as all of us are touched by a life of someone who is afflicted by breast cancer, whether it’s a mother, a wife, a daughter, or a sister. More importantly, there are a number of men who suffer from breast cancer, and they often go unrecognized. Please join me in recognizing October as Breast Cancer Awareness Month so we can come together and defeat breast cancer and make sure our loved ones stay healthy. Senators O’Brien, Knezek, Emmons, Zorn, Colbeck, Proos, Casperson, Hansen, Schuitmaker, Stamas, Schmidt, Meekhof, Jones and Horn offered the following resolution: Senate Resolution No. 101. A resolution to designate the final Sunday in September of each year as Gold Star Mothers Day. 1580 JOURNAL OF THE SENATE [October 6, 2015] [No. 88 Whereas, American Gold Star Mothers, Inc., a national organization of mothers whose sons and daughters lost their lives serving in the armed forces, was formed shortly after World War I by Grace Darling Seibold and a group of mothers who lost children in the Great War; and Whereas, Families participated in the practice of hanging a flag in a home’s front window bearing a blue star for every loved one serving in the Great War. When those service men and women lost their lives, the blue star was replaced with a gold star, representing the honor and glory accorded the person for their supreme sacrifice in offering for their country and the devotion and pride of the family in that sacrifice; and Whereas, We recognize and honor the women of Gold Star Mothers, a group whose purposes and activities include keeping alive and developing the spirit that promoted world services; maintaining the ties of fellowship born of that service; and assisting and furthering all patriotic work, perpetuating the memory of those whose lives were sacrificed in wars maintaining true allegiance to the United States; assisting Gold Star Mothers and their descendants; assisting veterans and their families; promoting peace and goodwill for the United States and all other nations; and inculcating lessons of patriotism and love of country in local communities; and Whereas, We acknowledge the contributions and sacrifice that Gold Star Mothers and their fallen loved ones have made to our state and nation in the defense of our freedom; now, therefore, be it Resolved by the Senate, That the members of this legislative body designate the final Sunday in September of each year as Gold Star Mothers Day in the state of Michigan. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senator Kowall moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieuten­ ant Governor as co‑sponsors of the resolution. The motion prevailed, a majority of the members serving voting therefor. Senator O’Brien asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator O’Brien’s statement is as follows: I spoke of this issue last week recognizing Gold Star Mothers Day, and I appreciate all of my colleagues’ interest in co‑sponsoring this resolution. It really means a lot to support the families of those who gave their lives. ouse Concurrent Resolution No. 14. H A concurrent resolution relative to secondary road patrol funds for counties providing road patrol services to cities and villages. Whereas, Section 77 of 1846 RS 14, MCL 51.77, provides funding for county secondary road patrol services pursuant to an agreement with the Office of Criminal Justice, which, pursuant to Executive Order No. 1989 – 4, is now the Office of Highway Safety Planning within the Department of State Police. An agreement also provides a maintenance of law enforcement effort standard for counties providing these secondary road patrol services, unless it is recognized that the reduction was due to cuts in general services due to economic conditions; and Whereas, Section 76 of 1846 RS 14, MCL 51.76, permits road patrol services to be provided by county sheriff depart­ ments to cities and villages. This section also provides that a road patrol agreement is void if the city or village reduces the number of sworn law enforcement officers below the highest number employed at any time within the immediately preceding 36 months, unless the Michigan Legislature, by concurrent resolution, recognizes that the reduction was due to cuts in general services due to economic conditions; and Whereas, Section 77 of 1846 RS 14, MCL 51.77, provides a formula for funding county secondary road patrol services. This formula permits road patrol services provided by county sheriff departments to cities and villages to be eligible for secondary road patrol funding as long as the city or village complies with the MCL 51.76 law enforcement maintenance of effort requirement, unless any reduction is recognized to be due to cuts in general services due to economic conditions; and Whereas, In all of Michigan’s counties, cities, and villages, general services have been reduced as a result of serious economic difficulties. These reductions in services have occurred in direct reaction to economic conditions; now, therefore, be it Resolved by the House of Representatives (the Senate concurring), That, for Fiscal Year 2016, counties, cities, and villages in Michigan have been required to reduce general services because of economic conditions and are not reducing law enforcement services as stipulated in sections 76 or 77 of 1846 RS 14; and be it further Resolved, That counties, cities, and villages have met the necessary terms of their agreements for road patrol services and secondary road patrol funding as they relate to maintenance of effort. No. 88] [October 6, 2015] JOURNAL OF THE SENATE 1581 he House of Representatives has adopted the concurrent resolution. T Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the concurrent resolution, Senator Kowall moved that the concurrent resolution be referred to the Committee on Appropriations. The motion prevailed. Senators Booher, Brandenburg, Gregory, Hildenbrand, Jones, Kowall, Marleau and Proos were named co‑sponsors of the concurrent resolution. Introduction and Referral of Bills Senators Proos, Knezek, MacGregor and Marleau introduced Senate Bill No. 541, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 307 (MCL 257.307), as amended by 2012 PA 55. The bill was read a first and second time by title and referred to the Committee on Transportation. Senators Schuitmaker, Brandenburg, Booher, Shirkey, Pavlov and Proos introduced Senate Bill No. 542, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 449. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators MacGregor, Knollenberg, Schuitmaker, O’Brien, Marleau, Hertel and Bieda introduced Senate Bill No. 543, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2013 PA 92. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Knollenberg, MacGregor, Schuitmaker, O’Brien, Marleau, Hertel and Bieda introduced Senate Bill No. 544, entitled A bill to amend 2008 PA 525, entitled “Fostering futures scholarship trust fund act,” by amending section 9 (MCL 722.1029), as amended by 2014 PA 530. The bill was read a first and second time by title and referred to the Committee on Finance. House Bill No. 4137, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 2 and 4 of chapter XI and the chapter heading and sections 3, 4, 5, and 6 of chapter XIA (MCL 771.2, 771.4, 771A.3, 771A.4, 771A.5, and 771A.6), section 2 of chapter XI as amended by 2010 PA 351, section 4 of chapter XI as amended by 1998 PA 520, and sections 3, 4, 5, and 6 of chapter XIA as added by 2012 PA 616. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 4138, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 11a, 20g, 33, 33e, and 35 (MCL 791.211a, 791.220g, 791.233, 791.233e, and 791.235), section 11a as amended by 1998 PA 204, section 20g as amended by 2000 PA 211, section 33 as amended by 1998 PA 320, section 33e as added by 1992 PA 181, and section 35 as amended by 2012 PA 24, and by adding section 1b. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. 1582 JOURNAL OF THE SENATE [October 6, 2015] [No. 88 House Bill No. 4713, entitled A bill to amend 1846 RS 1, entitled “Of the statutes,” (MCL 8.1 to 8.8) by adding section 9. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4904, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 641 and 646a (MCL 168.641 and 168.646a), section 641 as amended by 2015 PA 101 and section 646a as amended by 2013 PA 253. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Statements Senator Colbeck asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Colbeck’s statement is as follows: My colleagues, I would like you to name just one so-called gun control law currently on the books or proposed to be on the books anytime soon that would have prevented the mass shooting that took place in Roseburg, Oregon. One law, just one, name it. You can’t. I’ll tell you about a law that, if ended, would end much if not all of the slaughter happening in our churches, our schools, and our entertainment centers across America. That would be the law that gives lethal advantage to mass murderers; that law that disarms American citizens when they are most in need of an armed defense. That law would be the gun-free zone law. If mass shootings have one thing in common, more often than not, it’s that they take place in what are called gun-free zones. Killers in search of a movie theater to shoot up drive past multiple theaters, go way out of their way to get to a gun-free zone movie theater. They know that they won’t face any resistance; they won’t face any armed pushback. They know that they will be in a kill zone, custom-made for their wholesale slaughter. It happens time after time. Mass murderers actively seek out gun-free zones: Virginia Tech, Newtown, D.C. Naval Yard, Fort Hood, Aurora movie theater, Chattanooga recruiting center, Lafayette Grand movie theater, and the list goes on and on. All of them are gun-free zones. According to the Crime Prevention Resource Center, 92 percent of mass shootings take place in gun-free zones. It’s an easily observable fact. No study is really needed to show that the areas of the most onerous gun prohibitions lead to the highest gun crime murder rates. Look no further than Chicago, Illinois, with arguably the strictest gun control laws in America. Every weekend in Chicago, there is essentially a mass shooting. Let’s face it, gun-free zones are wishful thinking. We all want to live in a utopia where no guns are required, nobody gets hurt, and everything is wonderful. But the reality of life is that when an insane killer is on the prowl seeking a mass slaughter of innocent people, the only thing that stops this killer in his tracks is a law-abiding citizen with a gun. Gun-free zones only work for one element, the criminal element. Gun-free zones also criminalize the law-abiding. Gun-free zones only empower the criminals. Remember, when seconds count, the police are about 30 minutes away sometimes. Let’s start acting smart and, frankly, let’s honor our Oath of Office and support Article I, Section 6 of the Michigan Constitution, which gives every citizen the right to keep and bear arms for the defense of himself or the state. Let’s end gun-free zones now. A moment of silence was observed in memory of author and civil rights activist Grace Lee Boggs. Committee Reports The Committee on Families, Seniors and Human Services reported Senate Bill No. 334, entitled A bill to amend 1975 PA 238, entitled “Child protection law,” by amending sections 2, 3, and 12b (MCL 722.622, 722.623, and 722.632b), section 2 as amended by 2014 PA 30, section 3 as amended by 2014 PA 344, and section 12b as added by 2012 PA 593. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson No. 88] [October 6, 2015] JOURNAL OF THE SENATE 1583 To Report Out: Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Families, Seniors and Human Services submitted the following: T Meeting held on Wednesday, September 30, 2015, at 3:00 p.m., Room 210, Farnum Building Present: Senators Emmons (C), Pavlov, Jones, Casperson and Johnson The Committee on Transportation reported House Bill No. 4458, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 10p (MCL 247.660p), as added by 2010 PA 135. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov and Marleau Nays: None The bill was referred to the Committee of the Whole. The Committee on Transportation reported House Bill No. 4562, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 24a. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov and Marleau Nays: None The bill was referred to the Committee of the Whole. 1584 JOURNAL OF THE SENATE [October 6, 2015] [No. 88 COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, October 1, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov and Marleau Excused: Senator Hopgood COMMITTEE ATTENDANCE REPORT he Committee on Energy and Technology submitted the following: T Meeting held on Thursday, October 1, 2015, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Nofs (C), Proos, Horn, Hune, Shirkey, Zorn and Knezek Excused: Senators Schuitmaker, Hopgood and Bieda COMMITTEE ATTENDANCE REPORT he Subcommittee on State Police and Military Affairs submitted the following: T Meeting held on Tuesday, October 6, 2015, at 8:30 a.m., Rooms 402 and 403, Capitol Building Present: Senators Nofs (C), Colbeck and Knezek Scheduled Meetings Appropriations Subcommittee K-12, School Aid, Education - Wednesday, October 14, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Commerce - Wednesday, October 7, 8:30 a.m., Room 210, Farnum Building (373-5312) Criminal Justice Policy Commission - Wednesday, October 7, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Economic Development and International Investment - Thursday, October 8, 1:30 p.m., Room 210, Farnum Building (373-5323) Education - Wednesday, October 7, 8:30 a.m., Room 110, Farnum Building (373-5314) Energy and Technology - Thursday, October 8, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Michigan Competitiveness - Wednesday, October 7, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373‑5314) Natural Resources - Wednesday, October 7, 12:30 p.m., Room 210, Farnum Building (373-5314) State Drug Treatment Court Advisory Committee - Tuesday, October 20, 10:00 a.m., Legislative Council Confer­ ence Room, 3rd Floor, Boji Tower (373-0212) Transportation - Thursday, October 8, 8:30 a.m., Room 210, Farnum Building (373-5323) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:28 a.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Wednesday, October 7, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 89 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, October 7, 2015. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1586 JOURNAL OF THE SENATE [October 7, 2015] [No. 89 enator Mike Shirkey of the 16th District offered the following invocation: S I would like to read from Psalm 2:1-3, and then I will finish with verses 10-12. I feel these verses are appropriate for the work that we do and for the time in which we are engaged. This is David recanting a conversation between Jehovah, Jesus, and God and their observations about what is going on in the world among the kings, rulers, and lawmakers thinking they no longer need God. “Why do the nations conspire, and the peoples plot in vain? The kings of the earth take their stand and the rulers gather together against the Lord and his anointed one. Let us break their chains and throw off their fetters.” Verses 10-12: “Therefore, you kings be wise, be warned you rulers of the earth. Serve the Lord with fear and rejoice with trembling. Kiss the son, embrace Christ, lest he be angry and you be destroyed in your way. For his wrath can flare up in a moment. Blessed are those who take refuge in him.” Heavenly Father, we thank You for this day. Thank You for this glorious opportunity and high privilege to serve in the Legislature in Michigan. Lord, we ask that You be especially present and that Your Holy Spirit engulf us today and every day as we deliberate laws, policies, and things that are government-oriented. We ask that You would guide our thoughts and words, and guard our hearts from this world. We ask all these things in Your precious Son’s name. Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Zorn entered the Senate Chamber. enator Kowall moved that Senator Casperson be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Hopgood as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4517, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 863 (MCL 380.863). Senate Bill No. 477, entitled A bill to amend 2001 PA 266, entitled “Grade A milk law of 2001,” by amending section 6 (MCL 288.476), as amended by 2008 PA 136. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 153, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 625a and 625c (MCL 257.625a and 257.625c), as amended by 2014 PA 315. Substitute (S-4). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4239, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40111 (MCL 324.40111), as amended by 2012 PA 340. No. 89] [October 7, 2015] JOURNAL OF THE SENATE 1587 Substitute (S-2). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 3, line 1, after “vehicle” by inserting “WHILE THAT VEHICLE IS OPERATED ON PUBLIC LAND OR ON A HIGHWAY, ROAD, OR STREET IN THIS STATE”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 239, entitled A bill to prohibit a local unit of government from enacting an ordinance or rule that regulates a dog based solely on breed, perceived breed, or type; and to provide for the powers and duties of certain local governmental entities. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 453, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8501 (MCL 600.8501), as amended by 1988 PA 135. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senators Young and Casperson entered the Senate Chamber. By unanimous consent the Senate returned to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 427 House Bill No. 4499 House Bill No. 4500 House Bill No. 4503 House Bill No. 4504 House Bill No. 4505 House Bill No. 4506 House Bill No. 4507 Senate Bill No. 93 Senate Bill No. 94 Senate Bill No. 95 Senate Bill No. 96 Senate Bill No. 92 The motion prevailed. The following bill was read a third time: Senate Bill No. 427, entitled A bill to amend 1963 PA 17, entitled “An act to relieve certain persons from civil liability when rendering emergency care, when rendering care to persons involved in competitive sports under certain circumstances, or when participating in a mass immunization program approved by the department of public health,” by amending sections 1 and 2 (MCL 691.1501 and 691.1502), as amended by 2002 PA 543. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 398 Ananich Bieda Yeas—38 Hertel Hildenbrand Kowall Rocca MacGregor Schmidt 1588 JOURNAL OF THE SENATE [October 7, 2015] [No. 89 Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4499, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3815 (MCL 600.3815), as amended by 2014 PA 387. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 399 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 In The Chair: Schuitmaker Not Voting—0 No. 89] [October 7, 2015] JOURNAL OF THE SENATE 1589 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4500, entitled A bill to amend 2004 PA 452, entitled “Identity theft protection act,” (MCL 445.61 to 445.79c) by adding section 79d. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 400 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to prohibit certain acts and practices concerning identity theft; to require notification of a security breach of a database that contains certain personal information; to provide for the powers and duties of certain state and local governmental officers and entities; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4503, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 4710. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1590 Roll Call No. 401 JOURNAL OF THE SENATE [October 7, 2015] [No. 89 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4504, entitled A bill to create the uniform forfeiture reporting act; to require certain reports by reporting agencies regarding seized and forfeited property; to prescribe the powers and duties of certain local and state officials; to provide for certain fees and the expenditure of those fees; to require certain audits; to require certain reports by the department of state police; to provide for the withholding of law enforcement funds under certain circumstances; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 402 Yeas—38 Ananich Hertel Bieda Hildenbrand Booher Hood Brandenburg Hopgood Casperson Horn Colbeck Hune Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Smith O’Brien Stamas No. 89] [October 7, 2015] JOURNAL OF THE SENATE Emmons Green Gregory Hansen Johnson Pavlov Warren Jones Proos Young Knezek Robertson Zorn Knollenberg 1591 Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4505, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7521 (MCL 333.7521), as amended by 2001 PA 236. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 403 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. 1592 JOURNAL OF THE SENATE [October 7, 2015] [No. 89 ursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: P “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occu­pa­tions, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4506, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 7524b. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 404 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; No. 89] [October 7, 2015] JOURNAL OF THE SENATE 1593 to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4507, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 3841. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 405 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Assistant President pro tempore, Senator O’Brien, assumed the Chair. he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, 1594 JOURNAL OF THE SENATE [October 7, 2015] [No. 89 practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 93, entitled A bill to amend 1982 PA 302, entitled “An act to create the Michigan justice training commission and the Michigan justice training fund; to provide the powers and duties of certain state agencies; to provide for the distribution and expenditure of funds; and to provide for the promulgation of rules,” by amending sections 1, 2, 3, 4, 5, 6, 8, and 9 (MCL 18.421, 18.422, 18.423, 18.424, 18.425, 18.426, 18.428, and 18.429), sections 1, 2, 3, 4, 5, and 6 as amended and sec­ tion 9 as added by 1989 PA 158, and by adding sections 7, 8a, and 10. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 406 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. Senator Schuitmaker asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Schuitmaker’s statement is as follows: Senate Bill Nos. 92-96 will codify the Michigan Commission on Law Enforcement Standards and update and consoli­date the various statutes and executive orders currently governing their operation. The commission, MCOLES as we usually refer to it, is responsible for setting professional standards for law enforcement officers, creating curriculum for law enforce­ment training, licensing law enforcement officers, and administering the Justice Training Fund and the Training to Locals Fund. Perhaps now more than ever, it is important to ensure that our law enforcement officers are held to the highest standards and that they are qualified for the important work they do. This legislation accomplishes that. It clearly defines which No. 89] [October 7, 2015] JOURNAL OF THE SENATE 1595 individuals with law enforcement authority are licensed and regulated by MCOLES, and it gives MCOLES the ability to hold officers accountable when they violate the public trust. This package has broad support from the law enforcement community, and I ask for your support. The following bill was read a third time: Senate Bill No. 94, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7411 (MCL 333.7411), as amended by 2013 PA 223. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 407 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 95, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 181 (MCL 600.181), as amended by 2008 PA 545. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 408 Yeas—38 Ananich Hertel Bieda Hildenbrand Booher Hood Brandenburg Hopgood Casperson Horn Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Smith 1596 JOURNAL OF THE SENATE [October 7, 2015] Colbeck Emmons Green Gregory Hansen Hune O’Brien Stamas Johnson Pavlov Warren Jones Proos Young Knezek Robertson Zorn Knollenberg [No. 89 Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 96, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11 of chapter III (MCL 763.11), as added by 2012 PA 479. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 409 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. No. 89] [October 7, 2015] JOURNAL OF THE SENATE 1597 The following bill was read a third time: Senate Bill No. 92, entitled A bill to amend 1965 PA 203, entitled “Commission on law enforcement standards act,” by amending sections 1, 2, 3, 5, 6, 7, 9, 9a, 9b, 9c, 9d, 10, 11, 12, 13, and 14 (MCL 28.601, 28.602, 28.603, 28.605, 28.606, 28.607, 28.609, 28.609a, 28.609b, 28.609c, 28.609d, 28.610, 28.611, 28.612, 28.613, and 28.614), sections 1, 3, 5, 6, 7, 11, 12, and 14 as amended and sections 9a, 9b, 9c, and 9d as added by 1998 PA 237, section 2 as amended by 2013 PA 170, section 9 as amended by 2005 PA 239, and section 10 as amended by 2010 PA 67; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 410 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senators Warren and Hertel introduced Senate Bill No. 545, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 5o (MCL 28.425o), as amended by 2014 PA 206. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Hertel and Warren introduced Senate Bill No. 546, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2012 PA 124. The bill was read a first and second time by title and referred to the Committee on Government Operations. 1598 JOURNAL OF THE SENATE [October 7, 2015] [No. 89 Senators Warren and Hertel introduced Senate Bill No. 547, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 509o (MCL 168.509o), as added by 1994 PA 441. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senators Warren and Hertel introduced Senate Bill No. 548, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 307 and 315 (MCL 257.307 and 257.315), section 307 as amended by 2015 PA 11 and section 315 as amended by 2008 PA 7. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senators Jones, Booher and Marleau introduced Senate Bill No. 549, entitled A bill to amend 2013 PA 240, entitled “Michigan state capitol historic site act,” (MCL 4.1941 to 4.1949) by amending the title and by adding section 10. The bill was read a first and second time by title and referred to the Committee on Transportation. Senator Zorn introduced Senate Bill No. 550, entitled A bill to amend 1966 PA 313, entitled “An act to award tuition grants to resident students enrolled in independent nonprofit institutions of higher learning; and to make an appropriation therefor,” by amending sections 2, 3, 4, 5, and 6 (MCL 390.992, 390.993, 390.994, 390.995, and 390.996), sections 3, 4, 5, and 6 as amended by 1980 PA 503, and by adding section 1a. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senators Schuitmaker, Brandenburg, Jones, Hildenbrand and Bieda introduced Senate Bill No. 551, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 1104, 2801, 2803, 2807, 3206, 3207, 3209, 3614, and 3701 (MCL 700.1104, 700.2801, 700.2803, 700.2807, 700.3206, 700.3207, 700.3209, 700.3614, and 700.3701), section 1104 as amended by 2009 PA 46, section 2803 as amended by 2012 PA 173, section 2807 as amended by 2000 PA 54, sections 3206 and 3209 as amended by 2012 PA 63, section 3207 as amended by 2010 PA 325, and sections 3614 and 3701 as amended by 2006 PA 299, and by adding sections 3206a and 3206b; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Judiciary. Statements The President pro tempore, Senator Schuitmaker, resumed the Chair. Senators Colbeck, Nofs, O’Brien and Bieda asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Colbeck’s statement is as follows: The roads debate was started by Governor Snyder back in 2011 when he cited it as one of four major issues that we face as a state during his first State of the State address. Only it hasn’t been much of a debate. Rather than define our objective as how best to fix our roads, debate has evolved into how best to raise at least $1.2 billion to fix our roads. It has become a race for how to raise an additional $1.2 billion in taxes or maximum fraction thereof. This objective effectively excludes solutions that don’t raise taxes, like building higher-quality roads and the temporary reprioritization of existing revenue. There is unanimous agreement that we need to fix our roads. Our disagreement is on the subject of how. Proposal 1 featured $2 billion in new taxes. It was rejected by 1,404,779 voters. Eighty-one percent of these said “no,” not outright unanimous but close. So how did the Legislature, the representatives of the people, respond to the will of the No. 89] [October 7, 2015] JOURNAL OF THE SENATE 1599 people? Well, in June, the House put out a measured plan that featured $119 million in new taxes and $700 million from existing funds. In July, the Senate responded with a plan that featured $800 million in new taxes and $700 million from existing funds. Please note that both chambers agreed that we should reprioritize $700 million in existing revenue. I have demonstrated that $700 million is more than enough to fix our roads if we simply build roads that last longer. Since this solution did not seem to fit the tax increase objective echoed by the media, it has sat idle while tax increase advocates went back to the drawing board. In August, discussions in the House around a 600/600 plan fell apart after an attempt to connect a solution for our roads to fixing potholes in Medicaid by increasing the HICA tax. Discussions have now gone on behind closed doors as tax increase proponents attempt to cobble together a way to increase our taxes by over $800 million and market it effectively to the very people who rejected a proposal to increase our taxes by a 4 to 1 margin. Today, I would like to issue a challenge on how to best fix our roads. After all, that should be our objective and not tax increases. Today, I would like to issue this challenge to every elected official in this chamber, the chamber down the hall, and the folks who sit over in the Romney Building. I want to challenge you to dispense with politics as usual and bring these discussions into the light of day for all to talk about. Today, I am issuing a public debate challenge to any state elected official who believes that we need to increase our taxes. No more talking points lobbed over the fence to the media. It is time to subject the validity of your assertions to rebuttal in a public forum. All that I ask is that this debate happens prior to voting on the next iteration of road bills and that it not occur on a Sunday. I happen to believe that we can fix our roads without increasing taxes or cutting education or public safety. In fact, over the past three years, I have provided solutions to our roads problem that would do just that. Other states’ elected officials have expressed similar views and are welcome to join me in defending this assertion. I, for one, am willing to test my assertion in public debate. If you are an advocate for tax increases to fix our roads, are you willing to subject your view to public debate? Why or why not? So the choice is yours. You can return to the back room echo chambers filled with tax increase advocates, or you can test your assertions and the solutions they yield in the full light of day. It is time to move past the false narratives, and restore an appreciation for the grand tradition of reason and debate that used to be the hallmark of our system of government. Our citizens are losing respect for elected representatives. When within two months of the Proposal 1 vote, the response to 81 percent of our voters rejecting a tax increase is to propose another tax increase, this time without a vote of the people, it is easy to see why. Our citizens deserve better. You can give them better by contacting my office to express your willingness to join me in this debate. I should point out that if no state elected official contacts my office within one week of today, it leads me and the rest of our 10 million citizens to conclude that we do not need to increase taxes to fix our roads, and now is the time to pass legislation that fixes our potholes without digging holes in our wallets. enator Nofs’ statement is as follows: S Colleagues, Becky Rocho was a friend and constituent of mine who passed away suddenly and unexpectedly yesterday. Becky was a 41-year veteran of the Calhoun ISD, where she established herself as a statewide expert on education management and the Revised School Code. She was so successful, in fact, that multiple counties, including all three in my district, have relied on her legislative leadership and advocacy. As many of you who have dealt with education issues know, Becky was also an invaluable resource to a lot of policy­ makers around this town. She was a staunch supporter of education and children, was always available to share her expertise, and has been key to my decision-making process through the years—especially during my term on the House Education Committee in my first term of office. She truly was a good friend and cared about our public education and the system in the state of Michigan. She advocated for teachers, school districts, and especially all the children whom we are trying to set policies to educate properly in the state of Michigan. Becky’s passing is a tremendous loss to the education community and especially to her family. I ask that you please keep them in your thoughts and prayers. enator O’Brien’s statement is as follows: S When I learned yesterday of Becky’s passing, my first reaction was sadness; sadness for her family, for those in education, and for students around the state of Michigan. During her years in education, she was well-known as an advocate, cheerleader, and champion of students. As a lobbyist, she was known for her candor, knowledge, and effective­ ness. Since yesterday, there has been an outpouring of emotions from those who knew her and worked with her. Memories frequently shared included: she taught me the ropes; she took me under her wing; she made me a better lobbyist; she knew how to work collaboratively; she knew how to get the job done; and her enthusiasm was contagious. While she was not my constituent, I worked with Becky on education issues for my entire legislative career to date. She was quick to share resources and information that would help me as I debated issues. More importantly, she was an advocate for using research and best practices when shaping education policy. There were times when I struggled with uphill battles, and Becky would often leave me an encouraging voicemail. 1600 JOURNAL OF THE SENATE [October 7, 2015] [No. 89 Calhoun County has lost an education giant. But as we, her friends and family, celebrate her life, I would like to think that she has left something with many of us who worked with her. We will carry on her lessons of passion, collaboration, and innovation. More importantly, we will continue her legacy of student learning and aiming for the stars. To her family, we express our deepest sympathies. Becky’s family includes her husband Doug and daughter Lauren. We hope the many treasured memories bring the family some comfort in the hours, days, and weeks to come. We hope the family will know of the deep appreciation of the work of their wife and mother. As Senator Nofs said, the entire family remains in our prayers. A moment of silence was observed in memory of education advocate and lobbyist Becky Rocho. enator Bieda’s statement is as follows: S I want to rise today to share some concerns regarding Volkswagen’s emissions scandal. My constituents have made it clear that an investment in a thriving American auto industry and a rigorous oversight process are vital to our national interest. They also want to see massive corporations held accountable for their crimes. As you may already be aware, Volkswagen installed defeat devices in their so-called clean diesel vehicles starting in 2009. Those devices were deliberately designed to cheat emission standards, and as such, violated the Clean Air Act. As a result, Americans were sold a false bill of goods. It’s great news that there is a potential recall being scheduled for January 2016. However, buyers who spend hard-earned dollars will have to take their cars in on their own time and will be without a working vehicle that may not be as efficient as the promised one once returned. If buyers do not submit to a voluntarily recall, assuming that one is coming, they will be driving vehicles belching noxious fumes that are 10 to 40 times more than the legal limit. It’s probably safe to say that the resale value of those cars will diminish too. Like many big-name corporations before them, it seems that Volkswagen knowingly betrayed and defrauded American consumers on a grand scale. Our government normally prefers striking deals and dolling out fines when corporations commit crimes. And, in fact, Volkswagen will be subject to massive fines—up to $37,500 per car for the 500,000 cars sold after 2009. That’s just for violating the civil portions of the Clean Air Act. While $18 billion in penalties is a serious sum, more than 1.5 million Americans incarcerated in our prison systems could not escape prosecution based on the contents of their wallets. I say if you do the crime, you do the time. Consider this: If you are found guilty of robbing a bank, you could spend a minimum of 10 years in prison. Wire fraud, which Volkswagen allegedly may have committed, could cost you 30 years. But how will those responsible Volkswagen employees be criminally punished, if at all? The U.S. Department of Justice recently issue new guidelines requiring corporations to name wrongdoers and their alleged misconduct if they want credit for cooperation. I think that’s a good start. Volkswagen may be the perfect test case for our government to demonstrate that they are truly willing to crack down on white-collar crime. Deputy Attorney General Yates has it right: “The public needs to have confidence that there is one system of justice and it applies equally regardless of whether that crime occurs on the street corner or in a boardroom.” I couldn’t agree more. It’s time to stop treating corporations differently than ordinary citizens. The powerful executives must understand that they can suffer real consequences when they break the law, especially when their crimes are more far-ranging than a convenience store robbery. Our citizens deserve justice. We deserve fairness. Committee Reports COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, October 6, 2015, at 12:30 p.m., Room 100, Farnum Building Present: Senators Zorn (C), Proos, Rocca and Young Excused: Senator Brandenburg COMMITTEE ATTENDANCE REPORT he Committee on Michigan Competitiveness submitted the following: T Meeting held on Wednesday, October 7, 2015, at 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Stamas, Robertson, Proos and Warren No. 89] [October 7, 2015] JOURNAL OF THE SENATE 1601 Scheduled Meetings Appropriations Subcommittee K-12, School Aid, Education - Wednesday, October 14, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Economic Development and International Investment - Thursday, October 8, 1:30 p.m., Room 210, Farnum Building (373-5323) Energy and Technology - Thursday, October 8, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Finance - Tuesday, October 13, 2:30 p.m., Room 210, Farnum Building (373-5323) State Drug Treatment Court Advisory Committee - Tuesday, October 20, 10:00 a.m., Legislative Council Confer­ ence Room, 3rd Floor, Boji Tower (373-0212) Transportation - Thursday, October 8, 8:30 a.m., Room 210, Farnum Building (373-5323) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:55 a.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, October 8, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1602 No. 90 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, October 8, 2015. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—excused Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—excused Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1604 JOURNAL OF THE SENATE [October 8, 2015] [No. 90 enator Virgil K. Smith of the 4th District offered the following invocation: S Today I will read the meditation and prayer for the day from my Twenty-Four Hours A Day book: “Pray and keep praying until it brings peace and serenity and a feeling of communion with One who is near and ready to help. The thought of God is balm for our hates and fears. In praying to God, we find healing for hurt feelings and resentments. In thinking of God, doubts and fears leave us. Instead of those doubts and fears, there will flow into our hearts such faith and love that is beyond the power of material things to give, and such peace that the world can neither give nor take away. With God, we can have the tolerance to live and let live.” Now the prayer for the day: “I pray that I may have true tolerance and understanding. I pray that I may keep striving for those difficult things.” In the name of Jesus, we pray. Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Warren entered the Senate Chamber. The following communications were received: Department of State Administrative Rules Notices of Filing October 1, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-049-ED (Secretary of State Filing #15-10-02) on this date at 3:25 p.m. for the Department of Education, entitled “Special Education Programs and Services.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. October 1, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-046-ED (Secretary of State Filing #15-10-01) on this date at 3:26 p.m. for the Department of Education, entitled “Standards for Issuance of Work Permits.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. October 6, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-093-LR (Secretary of State Filing #15-10-03) on this date at 1:23 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Cemetery Regulation - General Rules.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The following communication was received: Office of Senator Steven M. Bieda October 7, 2015 er Senate Rule 1.110(c), I am requesting that my name be added as a co‑sponsor to Senate Bill 514, which was intro­ P duced on September 24, 2015, by Senator Dave Robertson and is currently in the Senate Committee on Finance. No. 90] [October 8, 2015] JOURNAL OF THE SENATE 1605 If you have any questions, please feel free to contact my office. Thank you. Sincerely, Steve Bieda State Senator 9th District The communication was referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, October 7: House Bill Nos. 4209 4210 4461 4462 4685 4827 The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, October 7, for his approval the following bills: Enrolled Senate Bill No. 65 at 3:08 p.m. Enrolled Senate Bill No. 66 at 3:10 p.m. Enrolled Senate Bill No. 67 at 3:12 p.m. Enrolled Senate Bill No. 64 at 3:14 p.m. Enrolled Senate Bill No. 134 at 3:16 p.m. Enrolled Senate Bill No. 144 at 3:18 p.m. Enrolled Senate Bill No. 358 at 3:20 p.m. The Secretary announced that the following bills were printed and filed on Wednesday, October 7, and are available at the Michigan Legislature website: Senate Bill Nos. 541 542 543 544 House Bill Nos. 4936 4937 4938 4939 4940 4941 4942 4943 4944 4945 4946 enator Kowall moved that Senators Hildenbrand, Emmons and Casperson be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Ananich and Johnson be excused from today’s session. S The motion prevailed. Messages from the Governor The following messages from the Governor were received and read: September 30, 2015 I respectfully submit to the Senate the following appointments to office: Autism Council Anthony J. Ianni of 39668 Kartar Lane, Novi, Michigan 48375, county of Oakland, representing individuals with ASD or an individual who is a family member of an individual with ASD, succeeding himself, is reappointed for a term expiring September 30, 2019. Diane Heinzelman of 1792 Hunters Ridge, Petoskey, Michigan 49770, county of Emmet, representing ISDs, local school districts or transition coordinators, succeeding herself, is reappointed for a term expiring September 30, 2019. Amy L. Matthews of 13728 Cottage Drive, Grand Haven, Michigan 49417, county of Ottawa, representing state-funded initiatives, succeeding herself, is reappointed for a term expiring September 30, 2019. Jeff DeLay of 2405 Sunray Court, Davision, Michigan 48423, county of Genesee, representing adult service agencies and/ or providers from a PIHP or CMHSP Authority, succeeding Scott Gilman, is appointed for a term expiring September 30, 2019. September 30, 2015 I respectfully submit to the Senate the following appointments to office: Chair - State Boundary Commission David J. Doyle of 3776 Meridian Road, Okemos, Michigan 48864, county of Ingham, is appointed for a term expiring at the pleasure of the Governor. 1606 JOURNAL OF THE SENATE [October 8, 2015] [No. 90 tate Boundary Commission S Pamela A. Jarvis of 737 E. Charles, Hastings, Michigan 49058, county of Barry, succeeding Dennis Schornack, is appointed for a term expiring November 15, 2016. David J. Doyle of 3776 Meridian Road, Okemos, Michigan 48864, county of Ingham, succeeding himself, is reappointed for a term expiring November 15, 2018. September 30, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Community Service Commission Kriste K. Etue of 4782 Pines Eagles Drive, Brighton, Michigan 48116, county of Livingston, representing experts in the delivery of human, educational, environmental, or public safety services to communities and persons, succeeding David Andrews, is appointed for a term expiring October 1, 2018. Ami Michelle Rabideau of 3000 Hall Street, S.E., Grand Rapids, Michigan 49506, county of Kent, representing experts in the delivery of human, educational, environmental, or public safety services to communities and persons, succeeding Janet Lawson, is appointed for a term expiring October 1, 2018. Heidi E. Magyar of 6411 West Tyrrell Road, Laingsburg, Michigan 48848, county of Shiawassee, representing experts in the delivery of human, educational, environmental, or public safety services to communities and persons, succeeding LaMont Campbell, is appointed for a term expiring October 1, 2018. Julie A. Calley of 10198 Butler Road, Portland, Michigan 48875, county of Ionia, representing local government, succeeding herself, is reappointed for a term expiring October 1, 2018. David J. Price of 514 Fulton Place, Lansing, Michigan 48915, county of Ingham, representing experts in the delivery of human, educational, environmental, or public safety services to communities and persons, succeeding himself, is reappointed for a term expiring October 1, 2018. Robert S. Collier of 710 Cardinal Drive, S.E., Grand Rapids, Michigan 49506, county of Kent, representing communitybased agencies, succeeding himself, is reappointed for a term expiring October 1, 2018. Robert T. Kolt of 1165 Woodwind Trail, Haslett, Michigan 48840, county of Ingham, representing individuals with experience in promoting service and volunteerism among older adults, succeeding himself, is reappointed for a term expiring October 1, 2018. John T. Truscott of 920 Nicole Circle, Okemos, Michigan 48864, county of Ingham, representing business, succeeding himself, is reappointed for a term expiring October 1, 2018. September 30, 2015 lease be advised of the following appointments to office: P Early Childhood Investment Corporation Jason A. Gold of 536 Terrace Lane, Ypsilanti, Michigan 48198, county of Washtenaw, succeeding himself, is reappointed for a term expiring July 22, 2019. Beverly H. Burns of 1135 Shelby Street, #2602, Detroit, Michigan 48226, county of Wayne, succeeding herself, is reappointed for a term expiring July 22, 2019. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Horn as Chairperson. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 409, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7340c (MCL 333.7340c), as added by 2014 PA 217. Senate Bill No. 410, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2014 PA 218. No. 90] [October 8, 2015] JOURNAL OF THE SENATE 1607 Senate Bill No. 424, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7410 (MCL 333.7410), as amended by 2006 PA 552. Senate Bill No. 303, entitled A bill to amend 1937 PA 215, entitled “An act to authorize municipalities to own or control cemetery or burial grounds; to provide for perpetual care and maintenance; to provide for endowment and perpetual care funds; and to permit municipalities to authorize the creation of joint cemetery associations,” by amending section 1 (MCL 128.1), as amended by 1980 PA 366. Senate Bill No. 372, entitled A bill to amend 1966 PA 291, entitled “Firefighters training council act,” by amending section 9 (MCL 29.369), as amended by 2013 PA 166. The bills were placed on the order of Third Reading of Bills. During the Committee of the Whole, Senators Casperson, Hildenbrand and Emmons entered the Senate Chamber. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 298, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 50a and 502c (MCL 750.50a and 750.502c), section 50a as added by 1994 PA 42 and section 502c as amended by 1998 PA 38. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 411 Yeas—35 Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hood Marleau Schuitmaker Casperson Hopgood Meekhof Shirkey Colbeck Horn Nofs Smith Emmons Hune O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Zorn Hansen Knollenberg Robertson Nays—0 Excused—3 Ananich Johnson Young 1608 JOURNAL OF THE SENATE [October 8, 2015] [No. 90 Not Voting—0 In The Chair: O’Brien he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 299, entitled A bill to amend 1970 PA 207, entitled “An act to exempt certain dogs from license fees,” by amending the title and section 1 (MCL 287.291), the title as amended by 1981 PA 74 and section 1 as amended by 2000 PA 4. The House of Representatives has passed the bill and ordered that the bill be given immediate effect. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate proceeded to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 153 House Bill No. 4239 House Bill No. 4517 Senate Bill No. 239 Senate Bill No. 477 Senate Bill No. 453 The motion prevailed. Senator Young entered the Senate Chamber. The following bill was read a third time: Senate Bill No. 153, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 625a and 625c (MCL 257.625a and 257.625c), section 625a as amended by 2015 PA 11 and section 625c as amended by 2014 PA 315. The question being on the passage of the bill, Senator Proos offered the following amendment: 1. Amend page 7, line 20, after “the” by striking out “medical examiner” and inserting “LAW ENFORCEMENT OFFICER”. The amendment was adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 412 Yeas—30 Bieda Hertel Kowall Proos Booher Hildenbrand MacGregor Robertson Brandenburg Hopgood Marleau Rocca Casperson Horn Meekhof Schmidt Colbeck Hune Nofs Schuitmaker Emmons Jones O’Brien Shirkey Green Knezek Pavlov Zorn Hansen Knollenberg No. 90] [October 8, 2015] JOURNAL OF THE SENATE 1609 Nays—5 Gregory Stamas Warren Young Smith Excused—2 Ananich Johnson Not Voting—1 Hood In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4239, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40111 (MCL 324.40111), as amended by 2015 PA 24. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 413 Yeas—36 Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Hansen Knollenberg Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Smith O’Brien Stamas Pavlov Warren Proos Young Robertson Zorn Nays—0 Excused—2 Ananich Johnson In The Chair: O’Brien Not Voting—0 1610 JOURNAL OF THE SENATE [October 8, 2015] [No. 90 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4517, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 863 (MCL 380.863). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 414 Yeas—36 Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Hansen Knollenberg Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Smith O’Brien Stamas Pavlov Warren Proos Young Robertson Zorn Nays—0 Excused—2 Ananich Johnson Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and main­ tenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of No. 90] [October 8, 2015] JOURNAL OF THE SENATE 1611 certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 239, entitled A bill to prohibit a local unit of government from enacting an ordinance or rule that regulates a dog based solely on breed, perceived breed, or type; and to provide for the powers and duties of certain local governmental entities. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 415 Yeas—25 Bieda Hildenbrand Knollenberg O’Brien Booher Hopgood Kowall Proos Casperson Horn MacGregor Robertson Green Hune Marleau Schmidt Gregory Jones Meekhof Schuitmaker Hansen Knezek Nofs Smith Hertel Nays—11 Brandenburg Hood Colbeck Pavlov Emmons Rocca Shirkey Young Stamas Zorn Warren Excused—2 Ananich Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. Protests Senators Warren and Young, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 239. Senator Warren moved that the statement she made during the discussion of the bill be printed as her reasons for voting “no.” The motion prevailed. Senator Warren’s statement, in which Senator Young concurred, is as follows: I rise to give my “no” vote explanation on Senate Bill No. 239. Like many of you have received as well, I have received tremendous communication about this bill in my office over the last couple of weeks from very passionate advocates 1612 JOURNAL OF THE SENATE [October 8, 2015] [No. 90 on both sides: Families who told horror stories of having loved ones be the victims of vicious dog attacks and dog owners who talk about their pets as part of their family and bring a passion to the discussion that is admirable. That said, throughout the last several years here on this floor and across the dome on the other side, we have had a number of pieces of sweeping policy that infringe on local control and diminish our local units of government and their elected repre­sentatives’ authority to address unique concerns of their own community. I have very significant concerns that this legislation will continue this alarming trend of negatively impacting our com­ munity leaders’ ability to protect public safety and potentially overturning local ordinances approved by the voters, once again circumventing the will of the people. Currently in Michigan, at least 27 jurisdictions have policies like this in place. These communities are as diverse as Alma, Dearborn Heights, Kingsford, Saginaw, and in my district, Ypsilanti Township. Twenty-seven jurisdictions have said for the good of our citizens and for the values of our community, we think putting in place policies and ordinances that deal with animals in a breed-specific way—some are banned, some are not banned, and some like in my community have sterilization policies—our communities have said this is what we want to do at the local level. With that in mind, today, I oppose this bill not as a result of any assumptions about any type or breed of dog, but rather because I firmly believe that our community leaders must retain the authority to address these matters at the local level. Senate Bill No. 239, should it pass today and receive appropriate support in the House and be signed into the law by the Governor, would make all of these local ordinances ineffective and unenforceable immediately. For that reason, Madam President and colleagues, I will be voting “no” on Senate Bill No. 239. In the interest of protecting local control and our local officials’ right to pass policies for our communities and for our citizens, I hope you will join me. The following bill was read a third time: Senate Bill No. 477, entitled A bill to amend 2001 PA 266, entitled “Grade A milk law of 2001,” by amending section 6 (MCL 288.476), as amended by 2008 PA 136. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 416 Yeas—36 Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Hansen Knollenberg Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Smith O’Brien Stamas Pavlov Warren Proos Young Robertson Zorn Nays—0 Excused—2 Ananich Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. No. 90] [October 8, 2015] JOURNAL OF THE SENATE 1613 The following bill was read a third time: Senate Bill No. 453, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8501 (MCL 600.8501), as amended by 1988 PA 135. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 417 Yeas—31 Bieda Hildenbrand MacGregor Rocca Booher Hood Marleau Schmidt Brandenburg Hopgood Meekhof Schuitmaker Casperson Horn Nofs Shirkey Colbeck Hune O’Brien Smith Emmons Jones Pavlov Stamas Green Knollenberg Proos Zorn Hansen Kowall Robertson Nays—5 Gregory Knezek Warren Young Hertel Excused—2 Ananich Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 The motion prevailed. enator Green offered the following resolution: S Senate Resolution No. 102. A resolution to proclaim October 11-17, 2015, as Cooperative Week. Whereas, Cooperatives are businesses that are owned and democratically governed by their members and exist solely to serve their members’ interests; and Whereas, Cooperative enterprises help build and sustain healthy communities in Michigan, promote jobs, and enhance the quality of life for those in our state and throughout the country; and 1614 JOURNAL OF THE SENATE [October 8, 2015] [No. 90 hereas, Agricultural cooperatives play a vital role in the strong agricultural industry in Michigan; and W Whereas, More than 29,000 cooperatives operate in the United States, making a substantial contribution to the economy by generating over 2 million jobs, with annual sales of $652 billion and possessing assets of $3 trillion; and Whereas, Cooperatives dedicate substantial human and financial resources to serve their communities beyond their core business functions, including charitable giving to meet the needs of underserved populations and investment in community development that generates jobs and income and helps create vital services; now, therefore, be it Resolved by the Senate, That we hereby proclaim October 11-17, 2015, as Cooperative Week in the state of Michigan. May cooperatives from all industries reaffirm their member-service mission, their commitment to community, and pledge continued active involvement in the communities in which their members live and work. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Emmons, Hansen, Horn, Kowall, MacGregor, Marleau, Pavlov, Schmidt and Zorn were named co‑sponsors of the resolution. Senators MacGregor, O’Brien, Booher, Hertel, Young, Zorn, Nofs, Brandenburg, Knollenberg, Horn, Hansen and Marleau offered the following resolution: Senate Resolution No. 103. A resolution to commemorate October 12-16, 2015, as Credit Union Week. Whereas, Credit unions have been organized in Michigan since 1934. They have a proud tradition of innovation and leader­ship among the nation’s credit unions. The Michigan credit union movement is one of growth, progress, and success; and Whereas, Michigan credit unions are rooted in the communities in which they serve, whether supporting local charities, offering financial education seminars, or operating student-run credit union branches in schools. They do this voluntarily, because as not-for-profit member-owned financial cooperatives, credit unions recognize that social responsibility is an integral part of their mission; and Whereas, Credit unions in Michigan continually demonstrate their ability to improve the lives of individuals, families, and communities and have done so for generations, following the credit union philosophy of “People Helping People”; and Whereas, Michigan credit unions remain informed through the assistance of the Michigan Credit Union League & Affiliates, which has focused exclusively on serving its members throughout its history; a commitment that is concisely expressed in its mission statement: “The Michigan Credit Union League will strengthen the credit union community and its image by providing advocacy on important issues, coordinating cooperative initiatives and by providing high-quality solutions that help credit unions succeed and enrich the lives of their members”; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate October 12-16, 2015, as Credit Union Week in the state of Michigan. We honor Michigan credit unions as they celebrate Credit Union Week. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Emmons, Jones, Kowall, Pavlov, Schmidt and Stamas were named co‑sponsors of the resolution. enators Schmidt and Casperson offered the following resolution: S Senate Resolution No. 105. A resolution to encourage the President and Congress of the United States and the U.S. Office of Management and Budget to support plans to upgrade the Soo Locks at Sault Ste. Marie, Michigan, and approve the U.S. Army Corps of Engineers’ request to fund preparation of an Economic Reevaluation Report. Whereas, The Soo Locks at Sault Ste. Marie, Michigan, are of the utmost importance to Michigan and play a critical role in our nation’s economy and security. Each year, approximately 10,000 Great Lakes vessels, carrying 80 million tons of iron ore, coal, grain, and other cargo, safely and efficiently traverse the locks. Nearly 80 percent of domestic iron ore, the primary material used to manufacture steel, travels from mines in Minnesota and Michigan’s Upper Peninsula through the Soo Locks; and Whereas, Only one of the four Soo Locks is large enough to accommodate the modern vessels that commonly traverse the Great Lakes. Seventy percent of cargo is carried on these large ships that can only pass through the Poe Lock. The remainder of cargo goes through the smaller MacArthur Lock, with the smallest 100-year-old Davis and Sabin locks rarely used; and Whereas, The reliance on one lock poses a serious risk to national security and the economies of the state of Michigan and the United States. A long-term outage of the Poe Lock due to lock failure or terrorist attack could cripple the economy No. 90] [October 8, 2015] JOURNAL OF THE SENATE 1615 and disrupt steel production in the United States. It is estimated that a 30-day outage would result in economic losses of $160 million; and Whereas, Upgrades to the Soo Locks are needed to ensure national security and unfettered commerce through the Great Lakes. To this end, the U.S. Army Corps of Engineers has requested funding to conduct a study crucial to moving forward with the construction of a second, large lock. The Economic Reevaluation Report would examine the economic benefits and costs of replacing the Davis and Sabin locks with a lock similar in size to the current Poe Lock; now, therefore, be it Resolved by the Senate, That we encourage the President and Congress of the United States and the U.S. Office of Man­ age­ment and Budget to support plans to upgrade the Soo Locks at Sault Ste. Marie, Michigan, and approve the U.S. Army Corps of Engineers’ reprogramming request to fund an Economic Reevaluation Report for replacing the Davis and Sabin locks; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congres­sional delegation, and the Director of the U.S. Office of Management and Budget. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Economic Development and International Investment. The motion prevailed. Senators Bieda, Booher, Emmons, Hansen, Horn, Jones, Kowall, MacGregor, Marleau, Pavlov, Stamas and Zorn were named co‑sponsors of the resolution. Introduction and Referral of Bills Senator Green introduced Senate Bill No. 552, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3101 and 3122 (MCL 324.3101 and 324.3122), section 3101 as amended by 2006 PA 97 and section 3122 as amended by 2015 PA 82. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Jones introduced Senate Bill No. 553, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 681, 684, 687, 1711, 1724a, and 1731 (MCL 380.681, 380.684, 380.687, 380.1711, 380.1724a, and 380.1731), sections 681 and 684 as amended by 2007 PA 45, sections 687, 1724a, and 1731 as amended by 2004 PA 415, and section 1711 as amended by 2008 PA 1, and by adding section 640. The bill was read a first and second time by title and referred to the Committee on Education. Senators Schuitmaker and Horn introduced Senate Bill No. 554, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16206. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Schuitmaker and Horn introduced Senate Bill No. 555, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 210 (MCL 339.210). The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senator Horn introduced Senate Bill No. 556, entitled A bill to amend 2005 PA 210, entitled “Commercial rehabilitation act,” by repealing section 16 (MCL 207.856). The bill was read a first and second time by title and referred to the Committee on Economic Development and Inter­ national Investment. 1616 JOURNAL OF THE SENATE [October 8, 2015] [No. 90 House Bill No. 4209, entitled A bill to license and regulate medical marihuana growers, processors, provisioning centers, secure transporters, and safety compliance facilities; to provide for the powers and duties of certain state and local governmental officers and entities; to create a medical marihuana licensing board; to create an advisory panel; to provide immunity from prosecu­ tion for marihuana-related offenses for persons engaging in marihuana-related activities in compliance with this act; to prescribe civil fines and sanctions and provide remedies; to provide for taxes, fees, and assessments; to make an appropriation; and to require the promulgation of rules. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4210, entitled A bill to amend 2008 IL 1, entitled “Michigan medical marihuana act,” by amending sections 3, 4, 6, and 7 (MCL 333.26423, 333.26424, 333.26426, and 333.26427), sections 3 and 4 as amended by 2012 PA 512 and section 6 as amended by 2012 PA 514, and by adding sections 4a and 4b. The House of Representatives has passed the bill by a 3/4 vote and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4461, entitled A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, admin­ istration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 30 (MCL 205.30), as amended by 2014 PA 424. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Finance. House Bill No. 4462, entitled A bill to amend 1964 PA 284, entitled “City income tax act,” by amending section 43 of chapter 2 (MCL 141.643), as amended by 1996 PA 478. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Finance. House Bill No. 4685, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 6a (MCL 205.56a), as amended by 2013 PA 1. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Finance. House Bill No. 4827, entitled A bill to establish a system to track marihuana and marihuana products in commercial trade; to monitor compliance with laws authorizing commercial traffic in medical marihuana; to identify threats to health from particular batches of marihuana or medical marihuana; to require persons engaged in commercial trade to submit certain information for entry into the system; to provide the powers and duties of certain state departments and agencies; and to provide for sanctions. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. No. 90] [October 8, 2015] JOURNAL OF THE SENATE 1617 Statements Senator Bieda asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Bieda’s statement is as follows: I wanted to take a couple of minutes to congratulate a group beginning its 150th anniversary celebration, our friends at the Michigan State Medical Society. The 150th anniversary reaffirms its mission of promoting a health care environment to enhance the health of Michigan citizens through science, quality, and ethics in the practice of medicine. The worldclass members are in leading positions; scholars and researchers help address issues locally and globally. Michigan State Medical Society’s institutional commitment to public service ignites passion with its members and puts health and wellness to work in communities statewide and across the globe. MSMS represents 15,000 physicians across the state of Michigan, and as they kick off their anniversary, I ask that my colleagues join me in congratulating them and wishing them the best for the next 150 years. Committee Reports The Committee on Commerce reported Senate Bill No. 492, entitled A bill to amend 1974 PA 269, entitled “Franchise investment law,” (MCL 445.1501 to 445.1546) by adding section 4b. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor and Nofs Nays: Senator Hertel The bill was referred to the Committee of the Whole. The Committee on Commerce reported Senate Bill No. 493, entitled A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” (MCL 418.101 to 418.941) by adding section 120. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor and Nofs Nays: Senator Hertel The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Commerce submitted the following: T Meeting held on Wednesday, October 7, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Schmidt (C), Kowall, MacGregor, Nofs and Hertel The Committee on Finance reported Senate Bill No. 234, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 651, 655, and 657 (MCL 206.651, 206.655, and 206.657), section 651 as amended by 2011 PA 171 and sections 655 and 657 as added by 2011 PA 38. 1618 JOURNAL OF THE SENATE [October 8, 2015] [No. 90 ith the recommendation that the substitute (S-1) be adopted and that the bill then pass. W The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Bieda and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Finance reported Senate Bill No. 368, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2012 PA 597. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported Senate Bill No. 428, entitled A bill to establish the American Red Cross Michigan fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported Senate Bill No. 429, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2013 PA 92. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Bieda and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 4464, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4g (MCL 205.54g), as amended by 2013 PA 211. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson No. 90] [October 8, 2015] JOURNAL OF THE SENATE 1619 To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 4465, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4d (MCL 205.94d), as amended by 2008 PA 439. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 4495, entitled A bill to amend 2001 PA 34, entitled “Revised municipal finance act,” by amending section 701 (MCL 141.2701), as amended by 2002 PA 500. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Finance submitted the following: T Meeting held on Tuesday, October 6, 2015, at 2:30 p.m., Room 210, Farnum Building Present: Senators Brandenburg (C), Robertson, Knollenberg, Casperson, Proos, Bieda and Warren The Committee on Education reported Senate Bill No. 491, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1233b and 1531i (MCL 380.1233b and 380.1531i), section 1233b as amended by 1995 PA 289 and section 1531i as added by 2009 PA 202. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher and Colbeck Nays: Senator Knezek The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Education reported House Bill No. 4059, entitled A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 61 (MCL 38.1361), as amended by 2012 PA 464. 1620 JOURNAL OF THE SENATE [October 8, 2015] [No. 90 ith the recommendation that the substitute (S-5) be adopted and that the bill then pass. W The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Wednesday, October 7, 2015, at 8:30 a.m., Room 110, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek he Committee on Judiciary reported T Senate Resolution No. 75. A resolution recognizing June 19, 2015, as Juneteenth. (For text of resolution, see Senate Journal No. 60, p. 1342.) With the recommendation that the following amendment be adopted and that the resolution then be adopted: 1. Amend the resolution by striking out all of the ninth Whereas clause and inserting: “Whereas, Even 150 years after emancipation, Africans in America continue to experience the lasting economic and social effects of 246 years of slavery followed by decades of further oppression; now, therefore, be it”. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker and Bieda Nays: Senator Colbeck The resolution and the amendment recommended by the committee were placed on the order of Resolutions. The Committee on Judiciary reported Senate Bill No. 175, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12f of chapter XVII (MCL 777.12f), as amended by 2014 PA 220. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker and Rocca Nays: Senator Colbeck The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 176, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 20d, 212, 304, 319, 625k, and 625l (MCL 257.20d, 257.212, 257.304, 257.319, 257.625k, and 257.625l), section 20d as added by 2008 PA 462, section 212 as amended by 2002 PA 534, section 304 as amended by 2013 PA 226, section 319 as amended by 2012 PA 306, and sections 625k and 625l as amended by 2008 PA 461. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Bieda Nays: Senator Colbeck The bill and the substitute recommended by the committee were referred to the Committee of the Whole. No. 90] [October 8, 2015] JOURNAL OF THE SENATE 1621 The Committee on Judiciary reported Senate Bill No. 207, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 43a and 625a (MCL 257.43a and 257.625a), section 43a as added and 625a as amended by 2014 PA 315. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 357, entitled A bill to amend 1974 PA 300, entitled “Motor vehicle service and repair act,” by amending sections 2 and 10 (MCL 257.1302 and 257.1310), section 2 as amended by 1988 PA 254 and section 10 as amended by 2000 PA 366, and by adding sections 6a and 10a. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Bieda Nays: Senator Colbeck The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 434, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 625a (MCL 257.625a), as amended by 2015 PA 11, and by adding sections 43b and 625p. With the recommendation that the substitute (S-3) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 516, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 5b, 8, and 12a (MCL 28.421, 28.425b, 28.428, and 28.432a), section 1 as amended by 2015 PA 25, section 5b as amended by 2015 PA 16, section 8 as amended by 2015 PA 3, and section 12a as amended by 2006 PA 559. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson 1622 JOURNAL OF THE SENATE [October 8, 2015] [No. 90 To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 531, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 176 and chapter 19A. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 532, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 176. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 533, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 1988. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4159, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 5o (MCL 28.425o), as amended by 2014 PA 206. No. 90] [October 8, 2015] JOURNAL OF THE SENATE 1623 ith the recommendation that the substitute (S-4) be adopted and that the bill then pass. W The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, October 6, 2015, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda The Committee on Natural Resources reported Senate Bill No. 400, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending the heading of part 121 and sections 12101, 12102, 12102a, 12103, 12105, 12107, 12109, 12111, 12112, 12113, 12114, 12115, 12116, and 12117 (MCL 324.12101, 324.12102, 324.12102a, 324.12103, 324.12105, 324.12107, 324.12109, 324.12111, 324.12112, 324.12113, 324.12114, 324.12115, 324.12116, and 324.12117), sections 12101, 12102, 12105, 12107, 12111, and 12113 as amended by 2008 PA 8, section 12102a as amended by 2008 PA 153, sections 12103, 12109, and 12112 as amended by 2014 PA 286, sections 12114 and 12116 as amended by 1998 PA 140, and section 12115 as amended by 2004 PA 587. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Pavlov, Robertson, Stamas and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Natural Resources reported Senate Bill No. 401, entitled A bill to amend 1998 PA 138, entitled “Hazardous materials transportation act,” by amending sections 2 and 3 (MCL 29.472 and 29.473), section 2 as amended by 2013 PA 74. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Pavlov, Robertson, Stamas and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Natural Resources reported Senate Bill No. 402, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13c of chapter XVII (MCL 777.13c), as amended by 2006 PA 59. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson 1624 JOURNAL OF THE SENATE [October 8, 2015] [No. 90 To Report Out: Yeas: Senators Casperson, Pavlov, Robertson, Stamas and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Natural Resources submitted the following: T Meeting held on Wednesday, October 7, 2015, at 12:30 p.m., Room 210, Farnum Building Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, October 8, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood Scheduled Meetings Appropriations Subcommittee K-12, School Aid, Education - Wednesday, October 14, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Economic Development and International Investment - Thursday, October 15, 1:30 p.m., Room 210, Farnum Building (373-5323) Education - Tuesday, October 13, 12:00 noon, Room 110, Farnum Building (373-5314) Finance - Tuesday, October 13, 2:30 p.m., Room 210, Farnum Building (373-5323) Regulatory Reform - Wednesday, October 14, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323) State Drug Treatment Court Advisory Committee - Tuesday, October 20, 10:00 a.m., Legislative Council Confer­ ence Room, 3rd Floor, Boji Tower (373-0212) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:44 a.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Tuesday, October 13, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 91 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, October 13, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1626 JOURNAL OF THE SENATE [October 13, 2015] [No. 91 Pastor Brad Matuzak of Word of Life Baptist Church of Alpena offered the following invocation: Heavenly Father, I thank You for these men and women who serve this great state. I pray a blessing on them this morning, and I ask that You would bless them with a spirit of wisdom and revelation that they may know You deeply. I pray that the eyes of their hearts and their cores would be open to know and understand the truth that can only come from You. As they serve and lead, give them discernment on when to exercise mercy and yield to another and when to stand firm on their convictions. Bless the work and labor of their hands, and enable them to lead us with humility and daily remember why they are here. Keep them in all of their ways, protecting them from harm and blessing them with healthy bodies. I lift up their families, and I ask that You give them the grace in their hearts and peace in their minds needed while living in a fish bowl. Protect their relationships with their families, and may they be strong and grow. As it is stated in the book of Numbers, may the Lord bless you and keep you; the Lord make his face shine on you and be gracious to you; the Lord turn his face toward you and give you peace. In the name of Jesus, we pray. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Brandenburg and Ananich entered the Senate Chamber. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. Senator Young entered the Senate Chamber. The Secretary announced that the following House bill was received in the Senate and filed on Thursday, October 8: House Bill No. 4581 The Secretary announced that the following bills were printed and filed on Thursday, October 8, and are available at the Michigan Legislature website: Senate Bill Nos. 545 546 547 548 549 550 551 House Bill Nos. 4947 4948 4949 4950 4951 4952 4953 4954 4955 4956 4957 4958 4959 4960 4961 4962 4963 4964 4965 4966 Messages from the Governor The following message from the Governor was received: Date: October 7, 2015 Time: 4:21 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 134 (Public Act No. 139), being An act to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 6, 11, 21f, 31a, 32d, and 107 (MCL 388.1606, 388.1611, 388.1621f, 388.1631a, 388.1632d, and 388.1707), section 6 as amended by 2014 PA 196 and sections 11, 21f, 31a, 32d, and 107 as amended by 2015 PA 85. (Filed with the Secretary of State on October 7, 2015, at 4:42 p.m.) Respectfully, Rick Snyder Governor No. 91] [October 13, 2015] JOURNAL OF THE SENATE 1627 The following messages from the Governor were received and read: September 30, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Council for Arts and Cultural Affairs Shannon E. White of 13521 Haddon Street, Fenton, Michigan 48430, county of Genesee, succeeding Kim Dabbs, is appointed for a term expiring September 1, 2016. October 5, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Developmental Disabilities Council Kristen E. Columbus of 705 N. Harris Street, Saline, Michigan 48176, county of Washtenaw, representing parents or guardians of a child with development disabilities, succeeding herself, is reappointed for a term expiring September 30, 2019. Heidi DeVries of 6240 Woodfield Place, S.E., #2, Kentwood, Michigan 49548, county of Kent, representing individuals with developmental disabilities, succeeding herself, is reappointed for a term expiring September 30, 2019. Tammy K. Yeomans of 6240 Woodfield Place, S.E., Grand Rapids, Michigan 49548, county of Kent, representing indi­ viduals with developmental disabilities, filling a vacancy, is appointed for a term expiring September 30, 2019. Steven G. Johnson of 7010 152nd Avenue, West Olive, Michigan 49460, county of Ottawa, representing parents or guard­ ians with a child with developmental disabilities, succeeding Bob Brown, is appointed for a term expiring September 30, 2019. October 5, 2015 I respectfully submit to the Senate the following appointment to office: Farm Produce Insurance Authority Aaron R. Somers of 19475 Stevens Road, Henderson, Michigan 48841, county of Saginaw, representing producers from the largest Michigan organization representing general farm interests of Michigan, succeeding himself, is reappointed for a term expiring June 20, 2018. October 5, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Film Office Advisory Council Timothy A. Pietryga of 1741 Wealthy Street, S.E., Grand Rapids, Michigan 49506, county of Kent, representing residents of the state, succeeding himself, is reappointed for a term expiring September 30, 2019. October 5, 2015 I respectfully submit to the Senate the following appointment to office: Health Information Technology Commission Karen Parker of 4355 Morrice Road, Webberville, Michigan 48819, county of Ingham, designee of the Director of the Department of Health and Human Services, succeeding Tim Becker, is appointed for a term expiring August 3, 2016. October 5, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Soybean Promotion Committee Peter Crawford of 1655 Dietz Road, Dansville, Michigan 48819, county of Ingham, representing District 2 growers, succeeding Richard Welden, is appointed for a term expiring September 23, 2018. Dennis J. Gardner of 7615 Brown Road, Croswell, Michigan 48422, county of Sanilac, representing District 4 growers, succeeding himself, is reappointed for a term expiring September 23, 2018. Michael Sahr of 9121 E. Washington Road, Saginaw, Michigan 48601, county of Saginaw, representing District 5 growers, succeeding Thomas Hess, is appointed for a term expiring September 23, 2018. October 5, 2015 I respectfully submit to the Senate the following appointment to office: State Teacher Tenure Commission Jeffyn B. Herioux of 5 Mulberry Circle, Gladstone, Michigan 49837, county of Delta, representing classroom instructors, succeeding Karen Leslie, is appointed for a term expiring August 31, 2020. October 8, 2015 lease be advised of the following appointment to office: P Acting State Fire Marshal Michael G. Deprez of 43791 St. Julian Court, Sterling Heights, Michigan 48314, county of Macomb, succeeding Richard W. Miller, for a term effective October 12, 2015 and expiring at the pleasure of the Governor. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. 1628 JOURNAL OF THE SENATE [October 13, 2015] [No. 91 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Zorn as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 151, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16 of chapter X (MCL 770.16), as amended by 2011 PA 212. Senate Bill No. 374, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5101 (MCL 333.5101), as amended by 2010 PA 119. Senate Bill No. 375, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5111 (MCL 333.5111), as amended by 2010 PA 119. Senate Bill No. 376, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5117 (MCL 333.5117), as amended by 2010 PA 119. Senate Bill No. 377, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5119 (MCL 333.5119), as amended by 2000 PA 209. Senate Bill No. 378, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5121 (MCL 333.5121), as added by 1988 PA 491. Senate Bill No. 379, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5123 (MCL 333.5123), as amended by 1994 PA 200. Senate Bill No. 380, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5127 (MCL 333.5127), as added by 1988 PA 491. Senate Bill No. 381, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5129 (MCL 333.5129), as amended by 2014 PA 321. The bills were placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 409 Senate Bill No. 410 Senate Bill No. 424 The motion prevailed. No. 91] [October 13, 2015] JOURNAL OF THE SENATE 1629 The following bill was read a third time: Senate Bill No. 409, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7340c (MCL 333.7340c), as added by 2014 PA 217. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 418 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 410, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2014 PA 218. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 419 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg 1630 JOURNAL OF THE SENATE [October 13, 2015] [No. 91 Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 424, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7410 (MCL 333.7410), as amended by 2006 PA 552. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 420 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator Knollenberg introduced Senate Bill No. 557, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set No. 91] [October 13, 2015] JOURNAL OF THE SENATE 1631 up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 1c (MCL 247.651c), as amended by 2010 PA 28. The bill was read a first and second time by title and referred to the Committee on Transportation. Senator Jones introduced Senate Bill No. 558, entitled A bill to amend 1846 RS 66, entitled “Of estates in dower, by the curtesy, and general provisions concerning real estate,” (MCL 558.1 to 558.29) by adding section 30; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Jones introduced Senate Bill No. 559, entitled A bill to amend 1909 PA 259, entitled “An act to provide that judgments of divorce and judgments of separate maintenance shall make provision in satisfaction of the claims of the wife in the property of the husband and in satisfaction of the claims of the husband and wife in contracts of insurance and annuity upon the life of the husband or wife, and in satisfaction of claims of the husband and wife in or to any pension, annuity, retirement allowance, or accumulated contributions in any pension, annuity, or retirement system, including any rights or contingent rights in and to unvested pension, annuity, or retirement benefits; and to change the tenure of lands owned by husband and wife in case of divorce, and to provide for the disposition or partition of such lands or the proceeds thereof,” by amending section 1 (MCL 552.101), as amended by 2006 PA 288. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Jones introduced Senate Bill No. 560, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 1303, 2202, 2205, and 3807 (MCL 700.1303, 700.2202, 700.2205, and 700.3807), sections 1303, 2202, and 2205 as amended by 2000 PA 54 and section 3807 as amended by 2000 PA 177. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Meekhof introduced Senate Bill No. 561, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 234d and 237a (MCL 750.234d and 750.237a), section 234d as amended by 1994 PA 158 and section 237a as amended by 2015 PA 26. The bill was read a first and second time by title and referred to the Committee on Judiciary. 1632 JOURNAL OF THE SENATE [October 13, 2015] [No. 91 House Bill No. 4581, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 205 (MCL 436.1205), as amended by 2010 PA 213. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Statements Senator Colbeck asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Colbeck’s statement is as follows: Almost four years ago, state elected officials said we can’t fix roads without a tax increase. I worked hard to show them how to fix the roads by reducing expenses in other budget areas by reprioritizing existing revenue, and I even introduced alternative revenue sources that leverage existing state assets to generate nontax revenue. Then state elected officials said that we can’t fix the roads without cutting schools and public safety. Well, I showed them how to fix the roads by reallo­cating 100 percent of the $356 million in new General Fund dollars from the May 5 Consensus Revenue Estimate; by reallocating the $214 million from the Budget Stabilization Fund that is above and beyond the $400 million balance needed to safeguard our $10 billion General Fund from the historic 4 percent variation between forecast and actual figures; and by promoting broad-based economic development rather than targeted friends and family eco­no­ mic development by reallocating $179 million from the Michigan Strategic Fund. That’s just for starters, just three easy pickings. Then the state elected officials said that we can’t find a solution that would have enough votes in both chambers that doesn’t feature a tax increase. Well, my friends, in case you haven’t noticed, we seem to have a little bit of trouble finding a solution that does feature a tax increase. So having said that, I have showed them that we already have a solution supported by both chambers. In June, the House passed a roads plan that featured $119 million in new taxes and $700 million in existing funds. In July, the Senate passed a roads plan that featured $800 million in new taxes and $700 mil­ lion in existing funds. The common denominator is $700 in reprioritized existing funds. That is only $300 million more than proposed in our current budget. We only have one missing ingredient to get to a sustainable roads solution—building roads that last. Now who would oppose a commitment to building higher-quality roads? If we were to couple the existing approval by both chambers to commit $700 million in existing funds with the commitment to build roads that last longer, voila, we have a sustainable road solution all without raising taxes. This is not rocket science. It does beg the question, though: Why would anyone still insist that we need to increase taxes for our roads? It is my quest for a thoughtful answer to this question that drove me to issue my debate challenge last week on my 50th birthday. Since I am acutely aware of how well folks pay attention to floor statements, I followed up my floor statement with a formal letter to the office of each state elected official citing a deadline of 5:00 p.m. on Wednesday, October 14—that’s tomorrow. At this moment, no state elected official has accepted this challenge. This begs another question: Why has nobody accepted this challenge? After all, according to some, it is common knowledge that we need to increase taxes. If it is common knowledge, it should be pretty darn easy to make your case in a public debate. So why has no one accepted this challenge? Some have dismissed it as purely a PR stunt. Oh yeah, you know me, there’s nothing a spreadsheet-toting aerospace engineer like myself likes more than TV cameras and microphones. Others have insinuated that I’m not serious about finding a real solution to our roads. Anyone who claims this has not been paying attention or is simply attempting to marginalize my perspective and the perspective of 1,404,799 voters who said “no” to another tax-increase-driven solution called Proposal 1. Others choose simply to ignore the challenge as they have ignored the solutions that I have proposed over the last three years. What they haven’t considered is this: I’m seeking the truth. What they haven’t considered is that I’m tired of politics‑as‑usual solutions that ignore the will of the people. What they haven’t considered is that I’m concerned that our citizens are losing respect for our system of government, and I believe that we could regain this respect by starting to offer solutions to big problems that don’t involve asking them for more money. How much respect do we earn when our fiscal policy resembles that of a teenager asking mom and dad for more money? So in the final analysis, we have a simple choice before us. Do we go with politics as usual and dig further into the wallets of our citizens? Or do we pass a solution that does not increase taxes and makes our citizens proud? My colleagues, in the words of President Reagan, “It is a time for choosing.” No. 91] [October 13, 2015] JOURNAL OF THE SENATE 1633 Committee Reports COMMITTEE ATTENDANCE REPORT he Committee on Energy and Technology submitted the following: T Meeting held on Thursday, October 8, 2015, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Nofs (C), Proos, Horn, Schuitmaker, Hune, Shirkey, Zorn, Hopgood, Knezek and Bieda COMMITTEE ATTENDANCE REPORT he Committee on Economic Development and International Investment submitted the following: T Meeting held on Thursday, October 8, 2015, at 1:30 p.m., Room 210, Farnum Building Present: Senators Horn (C), Schmidt, Stamas, Emmons, Warren and Bieda Excused: Senator Brandenburg Scheduled Meetings Appropriations - Wednesday, October 14, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-1801) Subcommittee K-12, School Aid, Education - Wednesday, October 14, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Commerce - Wednesday, October 14, 8:30 a.m., Room 210, Farnum Building (373-5312) Economic Development and International Investment - Thursday, October 15, 1:30 p.m., Room 210, Farnum Building (373-5323) Elections and Government Reform - Thursday, October 15, 9:00 a.m., Room 210, Farnum Building (373-1721) Energy and Technology - Thursday, October 15, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Families, Seniors and Human Services - Wednesday, October 14, 3:00 p.m., Room 210, Farnum Building (373-5314) Natural Resources - Wednesday, October 14, 12:30 p.m., Room 210, Farnum Building (373-5314) Outdoor Recreation and Tourism - Wednesday, October 14, 12:30 p.m., Room 110, Farnum Building (373-1721) Regulatory Reform - Wednesday, October 14, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323) State Drug Treatment Court Advisory Committee - Tuesday, October 20, 10:00 a.m., Legislative Council Confer­ ence Room, 3rd Floor, Boji Tower (373-0212) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:28 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, October 14, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1634 No. 92 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, October 14, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—excused Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1636 JOURNAL OF THE SENATE [October 14, 2015] [No. 92 enator Kenneth B. Horn of the 32nd District offered the following invocation: S Dear loving Father, as I began to pen out this letter of prayer, I looked out of my 10th floor office window and rediscov­ered the majesty and beauty of the Capitol Building that we’re all standing in today. I captured a beautiful photo of the newlyrenovated exterior surrounded by the autumn colors of the trees on the Capitol lawn, with the American flag reflected in the window. While Your humble servants are mending the roof over our heads, Lord, I ask that You bless the public servants here inside today by refreshing our hearts. Help us to remember that there are many of Your people, maybe some right here in this chamber, who are feeling rather empty and misunderstood. Lord, please wrap Your arms around them, and fill them with knowledge that there is a better life waiting for them with You in their hearts. Lord, Your love bridges both oceans and miles of land. Please let our military personnel near and far know how much we appreciate their services. Above all, Lord, as they face down true evil in foreign lands, please keep them safe, and hurry them home to us and their loving families. For those of us in this chamber, Lord, we always try our best, but if we lose hope, please remind us that Your plans are still way better than our dreams. On this Pure Michigan autumn day, Lord, we thank You for the beautiful life You’ve given to us, and we ask Your forgiveness if we fail to love it enough every day. In Your Son’s name, we servants of God say, Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senators Nofs and Shirkey be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Johnson be excused from today’s session. S The motion prevailed. Senator Nofs entered the Senate Chamber. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:05 a.m. 11:27 a.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. During the recess, Senators Shirkey and Young entered the Senate Chamber. The following communication was received: Department of State Police October 1, 2015 Enclosed is a copy of the 2013-2014 Concealed Pistol License Annual Report as required by Public Act 372 of 1927, as amended. This report details the concealed pistol license activity between July 1, 2013, and June 30, 2014. Below is a summary of the activity since the statutes required yearly reporting: Year Applications Received Total Approved # of Criminal Violations 2001-2002 62,902 53,000 92 2002-2003 29,914 27,499 221 2003-2004 35,585 31,121 398 2004-2005 58,366 54,677 403 2005-2006 40,238 36,754 548 No. 92] [October 14, 2015] JOURNAL OF THE SENATE 1637 2006-2007 22,403 23,790 938 2007-2008 33,411 26,578 1,319 2008-2009 73,105 66,446 1,292 2009-2010 90,808 86,661 1,005 2010-2011 84,827 87,637 2,711 2011-2012 82,347 78,721 2,997 2012-2013 129,900 118,025 3,040 2013-2014 115,601 115,990 4,421 As with last year, a comparison report was compiled matching criminal history information with concealed pistol license holders. This information was provided to all of the counties for verification. If the counties failed to verify, the information was still included in the report. The report includes a notation on which counties failed to verify. The number of approved applications for this reporting period is higher than the number of applications received due to the high volume of pending applications at the end of the 2012-2013 reporting period. Many counties had a backlog in processing their incoming applications at that time, but have since reduced their backlog. If you have any questions regarding the information in this report, please feel free to contact the Michigan State Police, Concealed Pistol License Unit at (517) 241-1917. Sincerely, Kriste Etue Director The communication was referred to the Secretary for record. The Secretary announced that the following bills were printed and filed on Tuesday, October 13, and are available at the Michigan Legislature website: Senate Bill Nos. 552 553 554 555 556 561 Messages from the Governor The following message from the Governor was received: Date: October 13, 2015 Time: 10:29 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 144 (Public Act No. 142), being An act to amend 2000 PA 92, entitled “An act to codify the licensure and regulation of certain persons engaged in processing, manufacturing, production, packing, preparing, repacking, canning, preserving, freezing, fabricating, storing, selling, serving, or offering for sale food or drink for human consumption; to prescribe powers and duties of the department of agriculture and rural development; to provide for delegation of certain powers and duties to certain local units of government; to provide exemptions; to regulate the labeling, manufacture, distribution, and sale of food for protection of the consuming public and to prevent fraud and deception by prohibiting the misbranding, adulteration, manufacture, distribution, and sale of foods in violation of this act; to provide standards for food products and food establishments; to provide for immunity to certain persons under certain circumstances; to provide for enforcement of the act; to provide penalties and remedies for violation of the act; to provide for fees; to provide for promulgation of rules; and to repeal acts and parts of acts,” by amending sections 1109, 2129, and 3115 (MCL 289.1109, 289.2129, and 289.3115), section 1109 as amended by 2012 PA 178 and section 2129 as amended by 2014 PA 516. (Filed with the Secretary of State on October 13, 2015, at 2:12 p.m.) Respectfully, Rick Snyder Governor Messages from the House Senate Bill No. 240, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 914a. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. 1638 he T The The The JOURNAL OF THE SENATE [October 14, 2015] [No. 92 question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 360, entitled A bill to amend 2000 PA 161, entitled “Michigan education savings program act,” by amending section 10 (MCL 390.1480), as amended by 2001 PA 215. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 421 Yeas—37 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hansen Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: O’Brien he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate proceeded to the order of Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 303 Senate Bill No. 372 No. 92] [October 14, 2015] JOURNAL OF THE SENATE 1639 Senate Bill No. 151 Senate Bill No. 374 Senate Bill No. 375 Senate Bill No. 376 Senate Bill No. 377 Senate Bill No. 378 Senate Bill No. 379 Senate Bill No. 380 Senate Bill No. 381 The motion prevailed. The following bill was read a third time: Senate Bill No. 303, entitled A bill to amend 1937 PA 215, entitled “An act to authorize municipalities to own or control cemetery or burial grounds; to provide for perpetual care and maintenance; to provide for endowment and perpetual care funds; and to permit municipalities to authorize the creation of joint cemetery associations,” by amending section 1 (MCL 128.1), as amended by 1980 PA 366. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 422 Yeas—37 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hansen Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 372, entitled A bill to amend 1966 PA 291, entitled “Firefighters training council act,” by amending section 9 (MCL 29.369), as amended by 2013 PA 166. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1640 JOURNAL OF THE SENATE [October 14, 2015] Roll Call No. 423 [No. 92 Yeas—37 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hansen Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 151, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16 of chapter X (MCL 770.16), as amended by 2011 PA 212. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 424 Yeas—37 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hansen Nays—0 Excused—1 Johnson No. 92] [October 14, 2015] JOURNAL OF THE SENATE 1641 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 374, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5101 (MCL 333.5101), as amended by 2010 PA 119. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 425 Yeas—37 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hansen Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 375, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5111 (MCL 333.5111), as amended by 2010 PA 119. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1642 JOURNAL OF THE SENATE [October 14, 2015] Roll Call No. 426 [No. 92 Yeas—37 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hansen Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 376, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5117 (MCL 333.5117), as amended by 2010 PA 119. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 427 Yeas—37 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hansen Nays—0 Excused—1 Johnson No. 92] [October 14, 2015] JOURNAL OF THE SENATE 1643 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 377, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5119 (MCL 333.5119), as amended by 2000 PA 209. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 428 Yeas—37 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hansen Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 378, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5121 (MCL 333.5121), as added by 1988 PA 491. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1644 JOURNAL OF THE SENATE [October 14, 2015] Roll Call No. 429 [No. 92 Yeas—37 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hansen Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. enator Kowall moved that Senator Green be excused from the balance of today’s session. S The motion prevailed. The following bill was read a third time: Senate Bill No. 379, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5123 (MCL 333.5123), as amended by 1994 PA 200. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 430 Yeas—36 Ananich Hertel Bieda Hildenbrand Booher Hood Brandenburg Hopgood Casperson Horn Colbeck Hune Emmons Jones Gregory Knezek Hansen Knollenberg Nays—0 Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Smith O’Brien Stamas Pavlov Warren Proos Young Robertson Zorn No. 92] [October 14, 2015] JOURNAL OF THE SENATE 1645 Excused—2 Green Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 380, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5127 (MCL 333.5127), as added by 1988 PA 491. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 431 Yeas—36 Ananich Hertel Bieda Hildenbrand Booher Hood Brandenburg Hopgood Casperson Horn Colbeck Hune Emmons Jones Gregory Knezek Hansen Knollenberg Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Smith O’Brien Stamas Pavlov Warren Proos Young Robertson Zorn Nays—0 Excused—2 Green Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 381, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5129 (MCL 333.5129), as amended by 2014 PA 321. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1646 JOURNAL OF THE SENATE [October 14, 2015] Roll Call No. 432 [No. 92 Yeas—36 Ananich Hertel Bieda Hildenbrand Booher Hood Brandenburg Hopgood Casperson Horn Colbeck Hune Emmons Jones Gregory Knezek Hansen Knollenberg Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Smith O’Brien Stamas Pavlov Warren Proos Young Robertson Zorn Nays—0 Excused—2 Green Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. enator Colbeck offered the following resolution: S Senate Resolution No. 104. A resolution to urge the President and Congress of the United States to oppose the Joint Comprehensive Plan of Action, consider the Joint Comprehensive Plan of Action as a treaty under Article II, Section 2 of the U.S. Constitution, and to reaffirm Michigan’s right to levy state sanctions against the Islamic Republic of Iran. Whereas, The U.S. State Department lists the Islamic Republic of Iran as a state sponsor of terrorism, one of only three nations currently listed as such, and Iranian actions are responsible for the deaths of American servicemen. General Qasem Soleimani, the head of Iran’s Quds Forces, helped supply copper-tipped IEDs to Shiite militias in Iraq, for example, killing 500 American soldiers and Marines. For his role in this armament, General Soleimani has been prohibited by the United Nations to travel outside Iran, which he openly defied by traveling to Russia to secure weapons for Iran; and Whereas, Iran’s anti-American and anti-Israeli sentiments are well-known. The Supreme Leader of Iran, the Ayatollah Ali Khamenei, has frequently threatened the United States in public statements, stating “death to America” and referring to the United States as the “Great Satan.” These statements were made while Iran was negotiating with the United States on a nuclear agreement. The Supreme Leader has also threatened Israel, referring to that nation as “Little Satan” and remarking, “God willing, there will be no such thing as the Zionist regime in 25 years.” Moreover, the Iranian government continues to wrongfully imprison Americans Jason Rezaian, Robert Levinson, Saeed Abedini, and Amir Hekmati; and Whereas, The Joint Comprehensive Plan of Action, commonly referred to as the Iranian nuclear agreement, is an agreement between the Islamic Republic of Iran and six coalition nations, led by the United States, that seeks to limit Iran’s capacity to refine weapons-grade nuclear material and develop nuclear weapons in exchange for international sanctions relief; and No. 92] [October 14, 2015] JOURNAL OF THE SENATE 1647 Whereas, The Iranian nuclear agreement poses a direct threat to the national security of the United States, Israel, and our other allies and interests around the world. The current package of sanctions imposed by the United States and coali­tion nations restrict Iran’s capacity to enhance weapons-grade uranium and develop nuclear weaponry. Lifting these sanctions and allowing uranium refinement provides a path to a nuclear Iran. Sanctions relief would also subsidize the actions of General Soleimani’s and Iran’s terrorist activities with up to $100 billion in monetary support. Moreover, the agreement requires the United States to protect the Iranian nuclear program from sabotage; and Whereas, H.R. 1191 of 2015 amended the Atomic Energy Act of 1954 to require the President to present the Joint Compre­hensive Plan of Action, including all related material and annexes, to Congress within five days of reaching an agreement with Iran for a 60-day congressional review. Only after all germane materials have been given to Congress, including infor­mation related to other agreements directly associated with the Iran nuclear agreement, should the 60-day rule go into effect; and Whereas, The process detailed in H.R. 1191 of 2015 is not the most appropriate for such an agreement. A multi-national agreement of this significance should have the backing of the United States Congress and legitimacy under the U.S. Consti­ tution as a treaty. Article II, Section 2 of the U.S. Constitution requires the President of the United States to submit treaties to the United States Senate for its advice and consent, requiring approval by two-thirds present. This would demonstrate to the world that the full weight of the American government is in support of these actions; and Whereas, Many states, including Michigan, have laws sanctioning state sponsors of terrorism. Michigan’s Attorney General has issued a letter to all 50 states asking them to keep in place or impose new sanctions on entities conducting business in Iran; now, therefore, be it Resolved by the Senate, That we memorialize the President and Congress of the United States to adhere to all stipulations of H.R. 1191 of 2015; and be it further Resolved, That we to urge the President and Congress of the United States to consider the Joint Comprehensive Plan of Action as a treaty under Article II, Section 2 of the U.S. Constitution; and be it further Resolved, That we urge the Congress of the United States to oppose the Joint Comprehensive Plan of Action, and be it further Resolved, That we reaffirm Michigan’s right to levy state sanctions against the Islamic Republic of Iran; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congres­ sional delegation, and the Governor of Michigan. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Colbeck offered the following substitute: A resolution to urge the Congress of the United States to reject the U.S.-led nuclear agreement with Iran and press for a new agreement that will prevent all pathways to an Iranian nuclear weapon. Whereas, On July 14, 2015, a six-member coalition of nations, including the governments of Great Britain, France, Russia, China, and Germany and led by the United States, reached an agreement with the Islamic Republic of Iran. This agreement, formally known as the Joint Comprehensive Plan of Action, seeks to limit Iran’s capacity to refine, store, and use weapons-grade nuclear material and develop nuclear weapons in exchange for international sanctions relief; and Whereas, The Joint Comprehensive Plan of Action, commonly referred to as the Iranian nuclear agreement, is not in the strategic interest of the United States and its allies. With the notable exception of the Arak heavy-water nuclear facility, this agreement leaves in place much of Iran’s nuclear infrastructure, including 5,060 centrifuges. Moreover, this deal allows Iran to continue researching and developing advanced centrifuges capable of refining weapons-grade nuclear material for use in intercontinental ballistic missiles that can strike the United States and short-range missiles capable of hitting targets throughout the Middle East. This creates a direct threat to our national security at home and the national security interests of Israel and other allies; and Whereas, The Iranian nuclear agreement legitimizes Iran’s nuclear program and does not definitively block a path to a nuclear weapon. While the agreement restricts the amount of nuclear material Iran may store and allows for international inspections, these provisions will slow—but not halt—the advancement of Iran’s weapons program. The inspections also do not meet the “anytime, anywhere” standard needed in this case, but rather uses the “managed access” approach that is insufficient to ensure Iran is not developing or hiding nuclear weaponry and weapon components. Given Iran’s history of deceiving the International Atomic Energy Agency and its refusal to recognize its nuclear program’s military dimension, the international community will be challenged keeping Iran’s nuclear weapons program in line with the agreement. With some of the toughest restrictions ending in ten years, Iran is 15 years from manufacturing a nuclear arsenal, which could sink the Middle East into a nuclear arms race; and Whereas, International sanctions relief would allow Iran to further support terrorist organizations. The Joint Compre­ hensive Plan of Action, if enacted, would unfreeze an estimated $150 billion in assets currently isolated in foreign banks 1648 JOURNAL OF THE SENATE [October 14, 2015] [No. 92 almost immediately. These assets, alongside additional revenue from sanctions relief, could be redirected by the Iranian gov­ ern­ment to more substantially support terrorist organizations in Iraq, Syria, Yemen, Lebanon, Palestine, and others. Sanctions relief could also allow more money to support a domestic military build-up that could be used against area nations, like Israel, which Iran has long committed to destroying. This emboldens the autocratic state to continue its conflict with the United States, destabilize the region, and marginalize Iranian moderates; and Whereas, The Joint Comprehensive Plan of Action is not the best agreement for the United States, the Middle East, and the world. The agreement fails to set free imprisoned Michigan resident and former Marine Amir Hekmati and other Americans. It fails to address Iran’s human rights situation, a situation that, according to a 2015 State Department report, continues to deteriorate. The agreement does not allow the inspection of Iranian military installations, which are needed to ensure secret research is not conducted and weaponry and components are not hidden; and Whereas, Israel’s support of the Iranian nuclear agreement is crucial to reaching long-term peace. However, the agreement does not have the support necessary to reach that goal. Repeated Israeli public opinion polls have shown a broad consensus, seemingly traversing conventional political divides, against the Iranian nuclear deal; now, therefore, be it Resolved by the Senate, That we to urge the Congress of the United States to reject the U.S.-led nuclear agreement with Iran and press for a new agreement that will prevent all pathways to an Iranian nuclear weapon; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. The substitute was adopted. The President pro tempore, Senator Schuitmaker, assumed the Chair. he question being on the adoption of the resolution as substituted, T Senator Kowall requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The resolution as substituted was adopted, a majority of the members voting therefor, as follows: Roll Call No. 433 Yeas—27 Booher Horn Meekhof Schmidt Brandenburg Hune Nofs Schuitmaker Casperson Jones O’Brien Shirkey Colbeck Knollenberg Pavlov Smith Emmons Kowall Proos Stamas Hansen MacGregor Robertson Zorn Hildenbrand Marleau Rocca Nays—9 Ananich Hertel Hopgood Warren Bieda Hood Knezek Young Gregory Excused—2 Green Johnson Not Voting—0 In The Chair: Schuitmaker Senators Booher, Casperson, Emmons, Hansen, Kowall, Marleau, Pavlov, Zorn, Brandenburg, Horn, Hune, Jones, Knollenberg, MacGregor, Meekhof, Nofs, Proos, Robertson, Schuitmaker, Shirkey and Smith were named co‑sponsors of the resolution. No. 92] [October 14, 2015] JOURNAL OF THE SENATE 1649 Protests Senators Knezek, Young, Gregory, Ananich, Hood, Hopgood and Bieda, under their constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of Senate Resolution No. 104. Senators Knezek and Ananich moved that the statements they made during the discussion of the resolution be printed as their reasons for voting “no.” The motion prevailed. Senator Knezek’s statement, in which Senators Young and Gregory concurred, is as follows: In July of this year, a historic agreement was reached between the United States, the United Kingdom, Russia, China, France, and Germany. Senate Resolution No. 104 attempts to lay out an argument for Congress to deny this agreement. Contrary to what some would have us believe, the fact remains that the United States has throughout our history often negotiated with adversarial countries. President George W. Bush did so with Libyan President Muammar Gaddafi, just as President Reagan and others did with the Soviet Union. In order to remain an adult in the room, the United States must continue to search for real solutions that will make both our country and our allies more secure moving forward. This resolution goes on to state the opinion of the author that this agreement poses a direct threat to the national security of the United States, our other allies, and our interests around the world. No one in this room received a classified national security briefing that would allow any of us as state legisla­ tors to come to such a conclusion. As such, we are resigned to debate this issue on the relevant facts that are known to the general public. Those facts easily dispose of the assertions that have been made here today. First, sanctions relief does not include relief from sanctions against Iran for human rights abuses nor terrorist activities. It says in the language that those sanctions will remain in place. Secondly, Iran must dismantle two-thirds of its installed centrifuges, remove 98 percent of its uranium stockpile, and they will permanently alter the Arak plutonium reactor before it receives any relief from economic sanctions. Uranium enrichment will be capped at 3.67 percent. At this level, nuclear material can generally only be used for peaceful purposes. Uranium enriched at 90 percent or more is considered weapon grade. With just a 24-hour notice, the International Atomic Energy Agency may request access to any site if they suspect Iran might be harboring illicit nuclear activities. If they are not granted access, the countries that I mentioned earlier are able to convene. A majority of those members can require Iran to grant access, and there is no single-member veto. This deal also includes a mechanism to reimpose sanctions, should Iran be found to be violating the agreement. Many have also expressed concerns about the lifting of the UN embargo on small arms and ballistic missile technology. This embargo was adopted as part of a UN Security Council resolution in 2010 and was to be lifted once Iran agreed to negotiate on its nuclear program. That agreement was made two years ago. Under this new deal, the arms embargo will remain for another five years on conventional arms and eight years on ballistic missiles. It is true that this deal is not perfect, but diplomacy seldom is. While I know many of my colleagues are passionate about this issue, it is my belief that opposition to the Iran deal has more to do with politics than national security. Our colleagues know that this resolution is moot, as the 60-day window to reject this plan has come and gone. The only reasons for debating this resolution today are political. For those reasons, along with the factual reasons I’ve already laid out, I support the Joint Comprehensive Plan of Action, and I oppose this resolution. The rhetoric we are hearing today is far too reminiscent of what we heard in the lead-up to the invasion of Iraq. I am proud to have worn the uniform of our country, very proud of my brothers and sisters whom I served with, and proud of what we were able to accomplish. However, I do not wish to saddle future generations with another war in the Middle East without first exploring diplomatic avenues to peace. This deal will prevent Iran from obtaining nuclear weapons for at least 15 years. Rejecting this deal would allow Iran to continue their nuclear aspirations immediately and guarantee one of two options: military action or a nuclear Iran. Those who know me will tell you that I’m no isolationist, but I do not want to spend another decade sifting through the sands of an overseas country; costing American lives and untold amounts of our national treasury. The fog of war is undoubtedly intoxicating, especially for those who have not experienced the hell that it has wrought upon humans for time immemorial. We owe it to current and future soldiers to explore peace first while always preserving the right to protect ourselves and lead our country to war if and when it should become necessary. enator Ananich’s statement, in which Senators Hood, Hopgood and Bieda concurred, is as follows: S Colleagues, I rise to oppose the resolution that would reject the U.S.-led nuclear agreement with Iran. As a reminder, my resolution regarding freeing Amir Hekmati and other Americans wrongfully imprisoned by Iran went to committee. Because this issue and this resolution offer points of disagreement, I believe these differences should be handled in com­ mittee as well. Further, while the United States House of Representatives voted to reject the deal, the Republican-controlled United States Senate failed to muster the votes, and more importantly, the 60-day clock that Congress put in place to reject the deal started on July 20. As such, Congress has no additional role in the joint action plan. Sending this resolution would likely make this respected institution look like we do not understand how Congress works and reflect poorly upon us. 1650 JOURNAL OF THE SENATE [October 14, 2015] [No. 92 I urge all of my colleagues to vote “no” out of respect for our reputation and the rules established by Congress and the White House. As you may be aware, new bipartisan legislation in the United States House of Representatives would create a commission to oversee the implementation of the Iran accord. I fully support this measure, and I hope my colleagues here will as well. Senator Colbeck asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Colbeck’s statement is as follows: This amendment is actually an amendment reflecting a similar resolution sponsored by the Democratic State Representative for the 68th House District. I regretfully say that I think he did a better job in writing this resolution than I did in my first try. I would encourage acceptance of his language in regard to this resolution. It is a pretty straightforward resolution dealing with our national security. Not only is this an issue we deal with here in this State Legislature, but we do have the Department of Homeland Security and several other committees that reflect the fact that is it our duty to help keep our citizens safe. One of the concerns I had early on with what is known as the Joint Comprehensive Plan of Action, otherwise known as the Iran deal, is that it has significant implications to the safety of our citizens. It also has significant implications for the security of our allies around the world. The Iranian regime that we have this agreement with is regarded as one of the world’s leading sponsors of state-sponsored terrorism in the world. The net effect to this agreement as currently negotiated is to free up over $100 billion worth of sanctions to go off and fund their activities inside of Iran, which includes terrorist activities and sponsoring terrorist organizations. It is inconceivable that we actually have this approved by those who are charged with securing the national security interests of our citizens. It was with this intent that I encourage the adoption of the resolution by my colleagues. The net effect of the resolution as amended would reflect the wording of the Representative that says simply to urge Congress to go back to the drawing board. We do not want a nuclear Iran, and the current agreement provides a pathway for one. We need to make sure that any agreement reached with the Iranian regime actually prohibits the ability of the Iranians to acquire a nuclear weapon. Just to underscore this point, at the same time the Iranians were passing a resolution around agreement to the terms in this agreement, they were also test firing a ballistic missile. So it is in the best interest for us as a state and also as a country to prohibit Iran from ever getting their hands on a nuclear weapon. I would urge my colleagues to support this amendment and resolution overall. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Gregory as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill: House Bill No. 4263, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16336, 17901, 17905, and 17906 (MCL 333.16336, 333.17901, 333.17905, and 333.17906), as added by 2006 PA 54. The bill was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 446, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40111a (MCL 324.40111a), as amended by 2009 PA 199. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 334, entitled A bill to amend 1975 PA 238, entitled “Child protection law,” by amending sections 2, 3, and 12b (MCL 722.622, 722.623, and 722.632b), section 2 as amended by 2014 PA 30, section 3 as amended by 2014 PA 344, and section 12b as added by 2012 PA 593. No. 92] [October 14, 2015] JOURNAL OF THE SENATE 1651 Substitute (S-2). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 11, line 15, after the first “a” by striking out “venereal disease” and inserting “SEXUALLY TRANSMITTED INFECTION”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 531, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 176 and chapter 19A. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 532, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 176. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 533, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 1988. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. Introduction and Referral of Bills Senators Horn, Zorn, Hansen and Bieda introduced Senate Bill No. 562, entitled A bill to amend 2011 PA 256, entitled “Michigan fireworks safety act,” by amending section 2 (MCL 28.452), as amended by 2012 PA 257. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Zorn, Horn, Hansen and Bieda introduced Senate Bill No. 563, entitled A bill to amend 2011 PA 256, entitled “Michigan fireworks safety act,” by amending section 12 (MCL 28.462), as amended by 2013 PA 65. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Statements Senators O’Brien and Young asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator O’Brien’s statement is as follows: It is with a heavy heart that I rise today to honor the life of a local Kalamazoo native, United States Air Force Master Sergeant Greg Kuhse, who was one of two Americans killed in a helicopter crash in Afghanistan on Sunday. He was only 1652 JOURNAL OF THE SENATE [October 14, 2015] [No. 92 38 years old, and he lived in Belleville, Illinois. He enlisted in the Air Force in 1996, after graduation from Comstock High School. While in high school, he was remembered for his leadership, not just in sports, but also for his desire to serve in the military. Regardless of traveling all around the country, he kept Michigan close to home and was a Detroit Tigers fan. He died Sunday when a British Royal Air Force helicopter crashed in Kabul while landing at the headquarters of the Resolute Support Mission, which is training Afghan security forces. Master Sergeant Greg Kuhse was assigned to the 3rd Manpower Requirements Squadron at Scott Air Force Base in Illinois. He was the son of Linda and Joseph, and, in fact, his father was Joseph Kuhse who had passed away in 2013 as an Army veteran of the Vietnam War. Perhaps this says it well, when the superintendent of the school he graduated from said this to our paper: “He is by definition a hero, and for that, we are greatly appreciative of the fact that people in this community knew him and they will miss him greatly.” He leaves a family which includes his siblings, Michael and Patricia; his wife, Tori; and children, Madeline and Eliana. We know that his many friends and family are grieving his loss. A moment of silence was observed in memory of Air Force Master Sergeant Greg Kuhse. enator Young’s statement is as follows: S Madam President, I would like to start with a quote. The great Albert Einstein once said, “The world will not be destroyed by those who do evil, but by those who watch them without doing anything.” Colleagues, I rise today to vent my frustrations about our stalled roads funding negotiations. I know my constituents and your constituents feel the same way and want to see this terrible soap opera finally come to an end. I see that House Republicans are more concerned with ideology and tax breaks for the wealthy than they are for building the roads for all the people of Michigan. I implore them, I demand them to finish the conversation about roads and get this job done. This is not about helping us move toward a solution. It’s just about adding to everyone’s frustration. Our Republican colleagues in the other chamber don’t seem to be as invested in finding a long-term solution as we are here in the Senate. We need to get our House in order. I am worried that the dysfunction that we see in Congress is starting to trickle down to the State House. They have cray-cray people up in Washington, D.C., and we don’t need to be cray-cray here in Lansing too. Let’s get to work. Let’s do our job. We are here to do a job. This isn’t an adventure. We aren’t here for fun. This isn’t for show. We are here to work, so let’s do that, Madam President. Here we are spending time debating whether or not we should send a moot Iran resolution to Congress for people who want to be on the side of the mullahs in Iran. We can’t even fix our roads. How are we going to get involved in foreign policy or foreign affairs? This is outrageous. If it wasn’t so serious, it would be funny. We can’t even fill our own potholes. Our roads look like something from I Am Legend or the Book of Eli or whatever major disaster film that you want to talk about; something from San Andreas, whatever post-apocalyptic or disaster movie reference you want to put in there. Enough is enough. Our leaders need to sit down and get this plan hammered out without attaching any strings. It is time to get negotiations back on the road. Please join me on the path to prosperity and fixing our roads and doing our jobs because the people deserve better. Committee Reports The Committee on Education reported House Bill No. 4390, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278a (MCL 380.1278a), as amended by 2014 PA 293. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, October 13, 2015, at 12:00 noon, Room 110, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek No. 92] [October 14, 2015] JOURNAL OF THE SENATE 1653 COMMITTEE ATTENDANCE REPORT he Subcommittee on K-12, School Aid, Education submitted the following: T Meeting held on Wednesday, October 14, 2015, at 8:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hansen (C), Pavlov and Hopgood Scheduled Meetings Economic Development and International Investment - Thursday, October 15, 1:30 p.m., Room 210, Farnum Building (373-5323) Elections and Government Reform - Thursday, October 15, 9:00 a.m., Room 210, Farnum Building (373-1721) (CANCELED) Energy and Technology - Thursday, October 15, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) State Drug Treatment Court Advisory Committee - Tuesday, October 20, 10:00 a.m., Legislative Council Confer­ ence Room, 3rd Floor, Boji Tower (373-0212) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 12:22 p.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, October 15, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1654 No. 93 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, October 15, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—excused Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1656 JOURNAL OF THE SENATE [October 15, 2015] [No. 93 enator Coleman A. Young II of the 1st District offered the following invocation: S Father God, we come before You today in times of challenge and times of hardship. We know that You said in Your word that the thief comes to kill, steal, and destroy, but You have come so that we may have life and life more abundantly. Jesus, we know that in Your word, You made the blind see, the dumb talk, the lame walk, and the dead rise. Jesus, we know that in Your word, You said like other men in the Bible that You have come so that we can conquer kingdoms, admin­ ister justice, gain what was promised, shut the mouths of lions, quench the fury of the flames, escape the edge of the sword, turn weakness into strength, and gain power by routing full armies. We know if all things are in Your will that there is no weapon formed against us that shall prosper. In this state, with politics, we are not always going to agree or get along. No matter what we do and no matter what solutions we provide for the greater good of this state, let them be blessed by You. Let this day be the day that we leave our mark of excellence. May this be the day that we are vessels of Your word, blessed by Your holy hand, and that You open up the windows of heaven and pour blessings upon us. Then, no matter which way we go, it will be the greatest way because we were blessed and touched by the one true God. Thank you and God bless you. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senator Brandenburg be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senator Green be excused from today’s session. S The motion prevailed. enator Hood moved that Senator Bieda be temporarily excused from today’s session. S The motion prevailed. The Secretary announced that the following bills were printed and filed on Wednesday, October 14, and are available at the Michigan Legislature website: Senate Bill Nos. 557 558 559 560 House Bill Nos. 4967 4968 4969 4970 4971 4972 4973 4974 4975 4976 4977 4978 4979 4980 4981 4982 4983 4984 4985 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:05 a.m. 10:50 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senators Brandenburg and Bieda entered the Senate Chamber. Messages from the House House Bill No. 4102, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal years ending September 30, 2015 and September 30, 2016; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts. The House of Representatives has substituted (H-2) the Senate substitute (S-1). No. 93] [October 15, 2015] JOURNAL OF THE SENATE 1657 The House of Representatives has concurred in the Senate substitute (S-1) as substituted (H-2) and agreed to the title as amended. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the concurring in the House substitute made to the Senate substitute, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 434 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Green Not Voting—0 In The Chair: Schuitmaker By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Stamas as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 516, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 5b, 8, and 12a (MCL 28.421, 28.425b, 28.428, and 28.432a), section 1 as amended by 2015 PA 25, section 5b as amended by 2015 PA 16, section 8 as amended by 2015 PA 3, and section 12a as amended by 2006 PA 559. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. 1658 JOURNAL OF THE SENATE [October 15, 2015] [No. 93 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 400, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending the heading of part 121 and sections 12101, 12102, 12102a, 12103, 12105, 12107, 12109, 12111, 12112, 12113, 12114, 12115, 12116, and 12117 (MCL 324.12101, 324.12102, 324.12102a, 324.12103, 324.12105, 324.12107, 324.12109, 324.12111, 324.12112, 324.12113, 324.12114, 324.12115, 324.12116, and 324.12117), sections 12101, 12102, 12105, 12107, 12111, and 12113 as amended by 2008 PA 8, section 12102a as amended by 2008 PA 153, sections 12103, 12109, and 12112 as amended by 2014 PA 286, sections 12114 and 12116 as amended by 1998 PA 140, and section 12115 as amended by 2004 PA 587. Substitute (S-1). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 15, line 12, after “vehicle” by striking out the balance of the subdivision and inserting “IF BOTH OF THE FOLLOWING APPLY: (i) THE VEHICLE IS LICENSED UNDER PART 117 TO TRANSPORT SEPTAGE WASTE. (ii) THE VEHICLE IS AUTHORIZED UNDER THE HAZARDOUS MATERIALS TRANSPORTATION ACT, 1998 PA 138, MCL 29.471 TO 29.480, TO TRANSPORT LIQUID INDUSTRIAL BY-PRODUCT.”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 401, entitled A bill to amend 1998 PA 138, entitled “Hazardous materials transportation act,” by amending sections 2 and 3 (MCL 29.472 and 29.473), section 2 as amended by 2013 PA 74. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 402, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13c of chapter XVII (MCL 777.13c), as amended by 2006 PA 59. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 4263 Senate Bill No. 446 Senate Bill No. 334 Senate Bill No. 531 Senate Bill No. 532 Senate Bill No. 533 The motion prevailed. The following bill was read a third time: House Bill No. 4263, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16336, 17901, 17905, and 17906 (MCL 333.16336, 333.17901, 333.17905, and 333.17906), as added by 2006 PA 54. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 93] Roll Call No. 435 [October 15, 2015] JOURNAL OF THE SENATE 1659 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Green Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. The President, Lieutenant Governor Calley, resumed the Chair. The following bill was read a third time: Senate Bill No. 446, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40111a (MCL 324.40111a), as amended by 2009 PA 199; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1660 JOURNAL OF THE SENATE [October 15, 2015] Roll Call No. 436 [No. 93 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Green Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 334, entitled A bill to amend 1975 PA 238, entitled “Child protection law,” by amending sections 2 and 3 (MCL 722.622 and 722.623), section 2 as amended by 2014 PA 30 and section 3 as amended by 2014 PA 344. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 437 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 No. 93] [October 15, 2015] JOURNAL OF THE SENATE 1661 Excused—1 Green Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 531, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding chap­ ter 19A. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 438 Yeas—35 Ananich Hildenbrand MacGregor Schmidt Bieda Hood Marleau Schuitmaker Booher Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Kowall Rocca Nays—2 Brandenburg Hune Excused—1 Green Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. 1662 JOURNAL OF THE SENATE [October 15, 2015] [No. 93 The following bill was read a third time: Senate Bill No. 532, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 176. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 439 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Green Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 533, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 1988. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 440 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren No. 93] [October 15, 2015] JOURNAL OF THE SENATE 1663 Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Green Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senators Pavlov, Zorn, Colbeck, Casperson, Jones, Meekhof, Nofs, Booher, Schuitmaker, Brandenburg, Proos, Emmons, Hansen, Robertson, Knollenberg, Marleau, Stamas and MacGregor introduced Senate Bill No. 564, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2690 (MCL 333.2690). The bill was read a first and second time by title and referred to the Committee on Oversight. Senators Pavlov, Zorn, Colbeck, Casperson, Jones, Meekhof, Nofs, Booher, Schuitmaker, Brandenburg, Proos, Emmons, Hansen, Robertson, Knollenberg, Marleau, Stamas and MacGregor introduced Senate Bill No. 565, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13k of chapter XVII (MCL 777.13k), as amended by 2012 PA 539. The bill was read a first and second time by title and referred to the Committee on Oversight. Senators Knollenberg, Horn and Marleau introduced Senate Bill No. 566, entitled A bill to provide protection from civil liability for individuals who take certain actions to prevent harm to minors or animals. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Knollenberg and Knezek introduced Senate Bill No. 567, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1284b (MCL 380.1284b), as amended by 2006 PA 235. The bill was read a first and second time by title and referred to the Committee on Education. Senators Zorn, Jones, Horn, Hansen and Booher introduced Senate Bill No. 568, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 803e (MCL 257.803e), as amended by 2011 PA 46. The bill was read a first and second time by title and referred to the Committee on Transportation. 1664 JOURNAL OF THE SENATE [October 15, 2015] [No. 93 Statements Senator Ananich asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Ananich’s statement is as follows: First, I would like to express my gratitude to both my House and Senate colleagues on both sides of the aisle for having recognized that Flint residents deserve clean and safe drinking water. The unanimous support in both chambers to secure resources is heartening. This is a necessary and important step to fix the current crisis. Colleagues, I thank you not just as a Senator, but as a father and a Flint resident, in giving my community the resources they so desperately need to address this public health crisis. Committee Reports The Committee on Judiciary reported Senate Bill No. 442, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 5a, 5b, 5d, and 5o (MCL 28.425a, 28.425b, 28.425d, and 28.425o), sections 5a and 5d as amended by 2015 PA 3 and sections 5b and 5o as amended by 2015 PA 16. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: Senator Bieda The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 561, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 234d and 237a (MCL 750.234d and 750.237a), section 234d as amended by 1994 PA 158 and section 237a as amended by 2015 PA 26. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: Senator Bieda The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, October 13, 2015, at 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda No. 93] [October 15, 2015] JOURNAL OF THE SENATE 1665 The Committee on Commerce reported House Bill No. 4362, entitled A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 611 (MCL 418.611), as amended by 1993 PA 198. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor, Nofs and Hertel Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Commerce submitted the following: T Meeting held on Wednesday, October 14, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Schmidt (C), Kowall, MacGregor, Nofs and Hertel The Committee on Finance reported Senate Bill No. 155, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 672. With the recommendation that the bill pass. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported Senate Bill No. 538, entitled A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending sections 2, 30, and 31 (MCL 567.222, 567.250, and 567.251), section 2 as amended by 2008 PA 208, section 30 as amended by 2012 PA 292, and section 31 as amended by 2013 PA 148, and by adding sections 4a and 31b. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Finance reported Senate Bill No. 543, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2013 PA 92. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. 1666 JOURNAL OF THE SENATE [October 15, 2015] [No. 93 The Committee on Finance reported Senate Bill No. 544, entitled A bill to amend 2008 PA 525, entitled “Fostering futures scholarship trust fund act,” by amending section 9 (MCL 722.1029), as amended by 2014 PA 530. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Finance submitted the following: T Meeting held on Tuesday, October 13, 2015, at 2:00 p.m., Room 210, Farnum Building Present: Senators Brandenburg (C), Robertson, Knollenberg, Casperson, Proos, Bieda and Warren The Committee on Regulatory Reform reported Senate Bill No. 331, entitled A bill to amend 1986 PA 119, entitled “An act to regulate the business of buying or receiving used motor vehicle parts; to prescribe the powers and duties of certain state and local officers; and to provide penalties,” by amending sections 1, 2, and 4 (MCL 257.1351, 257.1352, and 257.1354), and by adding section 2a. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, Marleau, Hune, Warren and Hertel Nays: None The bill was referred to the Committee of the Whole. The Committee on Regulatory Reform reported House Bill No. 4134, entitled A bill to amend 1965 PA 290, entitled “Boiler act of 1965,” by amending sections 2 and 13d (MCL 408.752 and 408.763d), as amended by 2013 PA 167. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, Marleau, Hune, Warren and Hertel Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Regulatory Reform reported House Bill No. 4286, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2010 PA 317. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson No. 93] [October 15, 2015] JOURNAL OF THE SENATE 1667 To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, Marleau, Hune, Warren and Hertel Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Regulatory Reform submitted the following: T Meeting held on Wednesday, October 14, 2015, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Rocca (C), Jones, Knollenberg, Kowall, Marleau, Hune, Warren and Hertel Excused: Senator Johnson COMMITTEE ATTENDANCE REPORT he Committee on Outdoor Recreation and Tourism submitted the following: T Meeting held on Wednesday, October 14, 2015, at 12:30 p.m., Room 110, Farnum Building Present: Senators Hansen (C), Zorn and Schmidt Excused: Senators Green and Johnson Scheduled Meetings Commerce, Economic Development and International Investment, and Transportation - Monday, November 2, 10:15 a.m., Lake Superior State University, Cisler Center, Superior Room, 650 West Easterday Avenue, Sault Ste. Marie (373-5312) Economic Development and International Investment, Transportation, and Commerce - Monday, November 2, 10:15 a.m., Lake Superior State University, Cisler Center, Superior Room, 650 West Easterday Avenue, Sault Ste. Marie (373-5312) Education - Tuesday, October 20, 12:00 noon, Room 110, Farnum Building (373-5314) Finance - Tuesday, October 20, 2:30 p.m., Room 210, Farnum Building (373-5312) State Drug Treatment Court Advisory Committee - Tuesday, October 20, 10:00 a.m., Legislative Council Confer­ ence Room, 3rd Floor, Boji Tower (373-0212) Transportation, Commerce, and Economic Development and International Investment - Monday, November 2, 10:15 a.m., Lake Superior State University, Cisler Center, Superior Room, 650 West Easterday Avenue, Sault Ste. Marie (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:17 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, October 20, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1668 No. 94 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, October 20, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—excused Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1670 JOURNAL OF THE SENATE [October 20, 2015] [No. 94 ob Taylor of Grace Point Church of Adrian offered the following invocation: B Dear Heavenly Father, we thank You for this beautiful morning that You have provided for us and the opportunity of being here as free men and women to govern this great state of Michigan. You have given us many freedoms that no other nation can enjoy. We ask, Lord, for a special blessing on each Senator and staff person here in the room today. We pray that You would guide them with knowledge, wisdom, and diligence in carrying out their duties as Senators. May we do what is best for the people of our state. We ask that Your will be done in all that is said and done. We thank You for Your blessings on our state of Michigan and the United States of America. In Jesus’ precious name, we pray. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senator Green be excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Stamas admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. The Secretary announced that the following House bills were received in the Senate and filed on Thursday, October 15: House Bill Nos. 4758 4822 4836 4843 The Secretary announced that the following House bills were received in the Senate and filed on Friday, October 16: House Bill Nos. 4476 4477 4478 4479 4481 4788 The Secretary announced the enrollment printing and presentation to the Governor on Thursday, October 15, for his approval the following bills: Enrolled Senate Bill No. 298 at 3:48 p.m. Enrolled Senate Bill No. 299 at 3:50 p.m. Enrolled Senate Bill No. 240 at 3:52 p.m. Enrolled Senate Bill No. 360 at 3:54 p.m. The Secretary announced that the following bills were printed and filed on Thursday, October 15, and are available at the Michigan Legislature website: Senate Bill Nos. 562 563 564 565 566 567 568 House Bill Nos. 4986 4987 4988 4989 The Secretary announced that the following bills were printed and filed on Friday, October 16, and are available at the Michigan Legislature website: House Bill Nos. 4990 4991 4992 4993 4994 4995 4996 4997 4998 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:05 a.m. 10:51 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. No. 94] [October 20, 2015] JOURNAL OF THE SENATE 1671 During the recess, Senator Stamas introduced Emily Kieliszewski, Miss Michigan 2015, and presented her with a Special Tribute. Messages from the Governor The following messages from the Governor were received and read: October 5, 2015 I respectfully submit to the Senate the following appointments to office: Ski Area Safety Board James P. Grundstrom of 447 N. Basin Drive, Negaunee, Michigan 49866, county of Marquette, representing public members from the Upper Peninsula, succeeding Jim Vander Spoel, is appointed for a term expiring June 8, 2018. Steven L. Robinson of 415 Argyle Street, Birmingham, Michigan 48009, county of Oakland, representing engineers with ski experience, succeeding Ron Edwards, is appointed for a term expiring June 8, 2019. October 12, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Interagency Coordinating Council for Infants and Toddlers with Developmental Disabilities Deana Strudwick of 19900 Grass Lake Lane, White Pigeon, Michigan 49099, county of Saint Joseph, representing public or private providers of early intervention services, succeeding Sondra Stegenga, is appointed for a term expiring October 31, 2016. Judy Goth-Owens of 629 Kensington Drive, East Lansing, Michigan 48823, county of Ingham, representing individuals involved in personnel preparation, succeeding herself, is reappointed for a term expiring October 31, 2019. Lauren E. Heilman of 6430 E. 48 Road, Cadillac, Michigan 49601, county of Wexford, representing parents of infants or toddlers with disabilities or children with disabilities less than 13 years old at the time of appointment with knowledge of, or experience with, programs for infants and toddlers with disabilities, succeeding herself, is reappointed for a term expiring October 31, 2019. Barbara A. Corbin of 1126 Glenwood Street, Jenison, Michigan 49425, county of Kent, representing public/private providers of early intervention services, succeeding herself, is reappointed for a term expiring October 31, 2019. Prachi E. Shah of 1706 Jackson Avenue, Ann Arbor, Michigan 48103, county of Washtenaw, representing other individuals, succeeding herself, is reappointed for a term expiring October 31, 2019. Phil Pavlov of 1577 S. Allen Road, St. Clair, Michigan 48179, county of St. Clair, representing the Michigan Legislature, is appointed for a term expiring October 31, 2016. October 12, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Iron Industry Museum Advisory Board Robert E. Niemela of 26344 West M-64, Ontonagon, Michigan 49953, county of Ontonagon, representing the mineral industry, succeeding himself, is reappointed for a term expiring October 4, 2019. Charles M. Swanson of 1021 Allouez Road, Marquette, Michigan 49855, county of Marquette, representing the Marquette County Historical Society, succeeding himself, is reappointed for a term expiring October 4, 2019. October 12, 2015 I respectfully submit to the Senate the following appointments to office: Board of Mechanical Rules Catherine A. Gay of 2450 London Drive, Troy, Michigan 48085, county of Oakland, representing energy-producing utilities, succeeding herself, is reappointed for a term expiring October 1, 2019. Robert S. Logan of 20500 13 Mile Road, Battle Creek, Michigan 49014, county of Calhoun, representing chief mechanical inspectors of a government subdivision, succeeding himself, is reappointed for a term expiring October 1, 2019. Daniel G. Grafmiller of 2461 West Shiawassee Avenue, Fenton, Michigan 48430, county of Genesee, representing ductwork, succeeding himself, is reappointed for a term expiring October 1, 2019. Mark F. Riley of 3336 Kipling Avenue, Berkley, Michigan 48072, county of Oakland, representing chief mechanical inspectors, succeeding himself, is reappointed for a term expiring October 1, 2019. Christopher J. Freeman of 67955 W. 8 Mile Road, South Lyon, Michigan 48178, county of Washtenaw, representing the general public, succeeding himself, is reappointed for a term expiring October 1, 2019. Kenneth D. Misiewicz of 630 Jordan Lake Street, Lake Odessa, Michigan 48849, county of Ionia, representing specialty work areas, succeeding himself, is reappointed for a term expiring October 1, 2019. Robert J. Fosburg of 7251 Bridge Town Lane, Caledonia, Michigan 49316, county of Kent, representing hydronic heating and cooling process piping, succeeding himself, is reappointed for a term expiring October 1, 2019. 1672 JOURNAL OF THE SENATE [October 20, 2015] [No. 94 October 12, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Pharmacy and Therapeutics Committee Victoria Tutag Lehr of 1091 Mohegan Drive, Birmingham, Michigan 48009, county of Oakland, representing pharma­ cists, succeeding herself, is reappointed for a term expiring October 1, 2017. James A. Mathews of 345 Woodlawn Avenue, Grand Haven, Michigan 49417, county of Ottawa, representing pharmacists, succeeding Eleonora Huskey, is appointed for a term expiring October 1, 2017. Margo S. Farber of 1246 Berkshire Road, Grosse Pointe Park, Michigan 48230, county of Wayne, representing pharmacists, succeeding herself, is reappointed for a term expiring October 1, 2017. Steven P. Hadesman of 23736 Old Orchard Trail, Bingham Farms, Michigan 48025, county of Oakland, representing physicians, succeeding himself, is reappointed for a term expiring October 1, 2017. Anthony F. Ognjan of 14785 Runnymeade Drive, Shelby Township, Michigan 48315, county of Macomb, representing physicians, succeeding himself, is reappointed for a term expiring October 1, 2017. October 12, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Board of Physical Therapy Jill Marlan of 11190 Forest Hill Road, DeWitt, Michigan 48820, county of Clinton, representing professionals, succeeding Vijay Kumar, is appointed for a term expiring December 31, 2016. October 15, 2015 I respectfully submit to the Senate the following appointments to office: Library of Michigan Board of Trustees Judith A. Hauser of 2111 Pontiac Lake Road, Waterford, Michigan 48328, county of Oakland, representing librarians from a public or private K-12 system, succeeding herself, is reappointed for a term expiring October 1, 2018. Elaine K. Didier of 13060 Beacon Hill Drive, Plymouth, Michigan 48170, county of Wayne, representing librarians from a special library, succeeding Tara Fulton, is appointed for a term expiring October 1, 2018. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senators Nofs, Brandenburg, Pavlov, Hansen, Marleau, Knollenberg, Casperson, Schmidt, Horn and Schuitmaker introduced Senate Bill No. 569, entitled A bill to amend 1978 PA 30, entitled “An act to provide for the creation and use of budget stabilization funds by counties, cities, villages, and townships,” by amending section 3 (MCL 141.443). The bill was read a first and second time by title and referred to the Committee on Local Government. Senators MacGregor, Proos, Hansen and Zorn introduced Senate Bill No. 570, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7o (MCL 211.7o), as amended by 2006 PA 681. The bill was read a first and second time by title and referred to the Committee on Finance. Senator Kowall introduced Senate Bill No. 571, entitled A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 3, 6, and 55 (MCL 169.203, 169.206, and 169.255), section 3 as amended by 2012 PA 273 and sections 6 and 55 as amended by 2013 PA 252. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. House Bill No. 4476, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 1035. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. No. 94] [October 20, 2015] JOURNAL OF THE SENATE 1673 House Bill No. 4477, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 227 and 316 (MCL 600.227 and 600.316). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4478, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2950 (MCL 600.2950), as amended by 2001 PA 200. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4479, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 81 (MCL 750.81), as amended by 2012 PA 366. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4481, entitled A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending sections 5 and 7a (MCL 722.25 and 722.27a), section 5 as amended by 1993 PA 259 and section 7a as amended by 2015 PA 50. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4758, entitled A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sections 132, 221, 275, 277, 278, 280, 476, 528, and 569 (MCL 280.132, 280.221, 280.275, 280.277, 280.278, 280.280, 280.476, 280.528, and 280.569), sections 275, 278, and 280 as amended by 2002 PA 406. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Local Government. House Bill No. 4788, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2012 PA 365. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4822, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1280f. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Education. House Bill No. 4836, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1204f (MCL 500.1204f), as added by 2006 PA 442, and by adding section 3908 and chapter 39A. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Insurance. House Bill No. 4843, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7403 and 7404 (MCL 333.7403 and 333.7404), as amended by 2012 PA 183. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. 1674 JOURNAL OF THE SENATE [October 20, 2015] [No. 94 By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 103, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1249 and 1249a (MCL 380.1249 and 380.1249a), section 1249 as amended by 2014 PA 257 and section 1249a as added by 2011 PA 102, and by adding sections 1249b and 1531j; and to repeal acts and parts of acts. The House of Representatives has substituted (H-8) the bill. The House of Representatives has passed the bill as substituted (H-8), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 1249 and 1249a (MCL 380.1249 and 380.1249a), section 1249 as amended by 2014 PA 257 and section 1249a as added by 2011 PA 102, and by adding sections 1249b, 1531j, and 1531k. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 441 Yeas—35 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Gregory Jones Pavlov Zorn Hansen Knezek Proos Nays—2 Warren Young Excused—1 Green In The Chair: President Not Voting—0 No. 94] he T The The The [October 20, 2015] JOURNAL OF THE SENATE 1675 question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senator Knezek asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Knezek’s statement is as follows: Colleagues, I rise today to share why I and many of us on the Democrat side of the aisle are in support of Senate Bill No. 103 as returned from the House. I want to express my deep appreciation and respect for the Senator from the 20th District for all of her work and her efforts within the House of Representatives to make sure that we could create and craft a better piece of legislation here today. Senate Bill No. 103, as amended, provides clearly defined evaluation expectations that help to create a system of effective teacher accountability here in the state of Michigan. Senate Bill No. 103 now includes a greater reliance on the recommendations of the evaluation tool from the 2013 Michigan Council of Educator Effectiveness report. It allows for more local decision making, and more importantly, this bill requires training for both educators and observers to ensure they fully understand how this evaluation tool works. This means that there is greater transparency for teachers as well as more accurate evaluations. In addition, the bill provides greater flexibility with regard to student growth data. Measuring student growth based upon multiple factors, rather than just test results, provides a more accurate picture of student learning and teacher effectiveness. This bill, as amended, will help hold our teachers accountable and ensure that our students are receiving a quality education in the state of Michigan. Senate Bill No. 195, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17748 (MCL 333.17748), as amended by 2014 PA 413. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 442 Yeas—34 Ananich Hildenbrand MacGregor Rocca Bieda Hood Marleau Schmidt Booher Hopgood Meekhof Schuitmaker Brandenburg Hune Nofs Smith Casperson Johnson O’Brien Stamas Emmons Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Kowall Nays—3 Colbeck Horn Shirkey 1676 JOURNAL OF THE SENATE [October 20, 2015] [No. 94 Excused—1 Green Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 309, entitled A bill to amend 1978 PA 59, entitled “Condominium act,” by amending section 66 (MCL 559.166), as amended by 1983 PA 113. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 443 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Green In The Chair: President Not Voting—0 No. 94] he T The The The [October 20, 2015] JOURNAL OF THE SENATE 1677 question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Knezek as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 326, entitled A bill to designate an official airplane of the state of Michigan. Senate Bill No. 421, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 653 (MCL 257.653). Senate Bill No. 422, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12g of chapter XVII (MCL 777.12g), as amended by 2008 PA 467. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4173, entitled A bill to amend 1993 PA 330, entitled “State real estate transfer tax act,” by amending sections 3 and 6 (MCL 207.523 and 207.526), as amended by 2008 PA 473. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4286, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2010 PA 317. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 516 Senate Bill No. 400 Senate Bill No. 401 Senate Bill No. 402 The motion prevailed. The following bill was read a third time: Senate Bill No. 516, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying 1678 JOURNAL OF THE SENATE [October 20, 2015] [No. 94 of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 5b, 8, and 12a (MCL 28.421, 28.425b, 28.428, and 28.432a), section 1 as amended by 2015 PA 25, section 5b as amended by 2015 PA 16, section 8 as amended by 2015 PA 3, and section 12a as amended by 2006 PA 559. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 444 Yeas—30 Bieda Horn Marleau Rocca Booher Hune Meekhof Schmidt Brandenburg Johnson Nofs Schuitmaker Casperson Jones O’Brien Shirkey Colbeck Knezek Pavlov Smith Emmons Knollenberg Proos Stamas Hansen Kowall Robertson Zorn Hildenbrand MacGregor Nays—7 Ananich Hertel Gregory Hood Hopgood Young Warren Excused—1 Green Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 400, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending the heading of part 121 and sections 12101, 12102, 12102a, 12103, 12105, 12107, 12109, 12111, 12112, 12113, 12114, 12115, 12116, and 12117 (MCL 324.12101, 324.12102, 324.12102a, 324.12103, 324.12105, 324.12107, 324.12109, 324.12111, 324.12112, 324.12113, 324.12114, 324.12115, 324.12116, and 324.12117), sections 12101, 12102, 12105, 12107, 12111, and 12113 as amended by 2008 PA 8, section 12102a as amended by 2008 PA 153, sections 12103, 12109, and 12112 as amended by 2014 PA 286, sections 12114 and 12116 as amended by 1998 PA 140, and section 12115 as amended by 2004 PA 587. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 94] [October 20, 2015] JOURNAL OF THE SENATE Roll Call No. 445 1679 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Green Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 401, entitled A bill to amend 1998 PA 138, entitled “Hazardous materials transportation act,” by amending sections 2 and 3 (MCL 29.472 and 29.473), section 2 as amended by 2013 PA 74. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 446 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 1680 JOURNAL OF THE SENATE [October 20, 2015] [No. 94 Excused—1 Green Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 402, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13c of chapter XVII (MCL 777.13c), as amended by 2006 PA 59. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 447 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Green Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. No. 94] [October 20, 2015] JOURNAL OF THE SENATE 1681 enator O’Brien offered the following resolution: S Senate Resolution No. 106. A resolution to observe October 2015 as National Physical Therapy Month. Whereas, The state of Michigan encourages options for an active and healthy lifestyle; and Whereas, The state of Michigan now allows the citizens of Michigan to go directly to a physical therapist for injury prevention and promoting fitness; and Whereas, Physical therapists are experts in evaluating and treating movement dysfunction; and Whereas, The Michigan Physical Therapy Association speaks for the best interests of the public in recommending physical therapy by a licensed physical therapist to optimize movement and function; and Whereas, Through a national effort, the Michigan Physical Therapy Association and community members are encouraged to join together to raise awareness of the importance of movement and activity in preventive health during the month of October 2015; and Whereas, This effort will bring awareness to our communities and around the country for healthier and more active lifestyles; now, therefore, be it Resolved by the Senate, That the members of this legislative body observe October 2015 as National Physical Therapy Month in the state of Michigan, and in doing so, urge all citizens to join in a national effort to raise health and fitness awareness. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Hansen, Hildenbrand, Horn, Kowall, MacGregor, Marleau, Proos, Stamas, Warren and Zorn were named co‑sponsors of the resolution. Committee Reports he Committee on Appropriations reported T House Concurrent Resolution No. 14. A concurrent resolution relative to secondary road patrol funds for counties providing road patrol services to cities and villages. (For text of resolution, see Senate Journal No. 88, p. 1580.) With the recommendation that the concurrent resolution be adopted. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The concurrent resolution was placed on the order of Resolutions. COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, October 14, 2015, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Excused: Senator Green The Committee on Families, Seniors and Human Services reported Senate Bill No. 503, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 3, 7, 13, 15, and 25 of chap­ ter XIIB (MCL 712B.3, 712B.7, 712B.13, 712B.15, and 712B.25), as added by 2012 PA 565. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson 1682 JOURNAL OF THE SENATE [October 20, 2015] [No. 94 To Report Out: Yeas: Senators Emmons, Pavlov and Jones Nays: None The bill was referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported Senate Bill No. 529, entitled A bill to amend 2008 PA 260, entitled “Guardianship assistance act,” by amending sections 2, 3, 4, 5a, 5b, 6, 7, 8, and 9 (MCL 722.872, 722.873, 722.874, 722.875a, 722.875b, 722.876, 722.877, 722.878, and 722.879), sections 2, 3, 4, and 9 as amended and sections 5a and 5b as added by 2009 PA 15 and section 6 as amended by 2011 PA 229, and by adding section 5c. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov and Jones Nays: None The bill was referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported Senate Bill No. 530, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 13a of chapter XIIA (MCL 712A.13a), as amended by 2012 PA 163. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov and Jones Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Families, Seniors and Human Services submitted the following: T Meeting held on Wednesday, October 14, 2015, at 3:00 p.m., Room 210, Farnum Building Present: Senators Emmons (C), Pavlov, Jones and Casperson Excused: Senator Johnson he Committee on Energy and Technology reported T Senate Concurrent Resolution No. 6. A concurrent resolution to memorialize the Congress of the United States to appropriate funds from the Nuclear Waste Fund for the establishment of a permanent repository for high-level nuclear waste or reimburse electric utility customers who paid into the fund. (For text of resolution, see Senate Journal No. 28, p. 342.) With the recommendation that the concurrent resolution be adopted. Mike Nofs Chairperson To Report Out: Yeas: Senators Nofs, Proos, Horn, Schuitmaker, Shirkey, Zorn, Hopgood, Knezek and Bieda Nays: None The concurrent resolution was placed on the order of Resolutions. No. 94] [October 20, 2015] JOURNAL OF THE SENATE 1683 he Committee on Energy and Technology reported T Senate Concurrent Resolution No. 8. A concurrent resolution to urge the U.S. Department of Energy and the U.S. Nuclear Regulatory Commission to fulfill their obligation to establish a permanent repository for high-level nuclear waste. (For text of resolution, see Senate Journal No. 28, p. 343.) With the recommendation that the concurrent resolution be adopted. Mike Nofs Chairperson To Report Out: Yeas: Senators Nofs, Proos, Horn, Schuitmaker, Shirkey, Zorn, Hopgood, Knezek and Bieda Nays: None The concurrent resolution was placed on the order of Resolutions. COMMITTEE ATTENDANCE REPORT he Committee on Energy and Technology submitted the following: T Meeting held on Thursday, October 15, 2015, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Nofs (C), Proos, Horn, Schuitmaker, Shirkey, Zorn, Hopgood, Knezek and Bieda Excused: Senator Hune The Committee on Economic Development and International Investment reported Senate Bill No. 539, entitled A bill to amend 2008 PA 549, entitled “Michigan promise zone authority act,” by amending the title and sections 5, 7, 9, 11, 17, and 19 (MCL 390.1665, 390.1667, 390.1669, 390.1671, 390.1677, and 390.1679), sections 5, 7, 11, and 17 as amended by 2013 PA 210, and by adding sections 4 and 4a; and to repeal acts and parts of acts. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Kenneth B. Horn Chairperson To Report Out: Yeas: Senators Horn, Schmidt, Brandenburg, Stamas, Emmons, Warren and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Economic Development and International Investment reported Senate Bill No. 540, entitled A bill to amend 1993 PA 331, entitled “State education tax act,” by amending section 5 (MCL 211.905), as amended by 2004 PA 443. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Kenneth B. Horn Chairperson To Report Out: Yeas: Senators Horn, Schmidt, Brandenburg, Stamas, Emmons, Warren and Bieda Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Economic Development and International Investment submitted the following: T Meeting held on Thursday, October 15, 2015, at 1:30 p.m., Room 210, Farnum Building Present: Senators Horn (C), Schmidt, Brandenburg, Stamas, Emmons, Warren and Bieda COMMITTEE ATTENDANCE REPORT he Committee on Natural Resources submitted the following: T Meeting held on Wednesday, October 14, 2015, at 12:30 p.m., Room 210, Farnum Building Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren 1684 JOURNAL OF THE SENATE [October 20, 2015] [No. 94 Scheduled Meetings Appropriations - Wednesday, October 21, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-1801) Commerce, Economic Development and International Investment, and Transportation - Monday, November 2, 10:15 a.m., Lake Superior State University, Cisler Center, Superior Room, 650 West Easterday Avenue, Sault Ste. Marie (373-5312) Economic Development and International Investment - Thursday, October 22, 1:30 p.m., Room 210, Farnum Building (373-5323) Economic Development and International Investment, Transportation, and Commerce - Monday, November 2, 10:15 a.m., Lake Superior State University, Cisler Center, Superior Room, 650 West Easterday Avenue, Sault Ste. Marie (373-5312) Elections and Government Reform - Thursday, October 22, 9:00 a.m., Room 210, Farnum Building (373-1721) Families, Seniors and Human Services - Wednesday, October 21, 3:00 p.m., Room 210, Farnum Building (373-5323) Finance - Tuesday, October 27, 2:30 p.m., Room 210, Farnum Building (373-5312) Natural Resources - Wednesday, October 21, 12:30 p.m., Room 210, Farnum Building (373-5314) Transportation, Commerce, and Economic Development and International Investment - Monday, November 2, 10:15 a.m., Lake Superior State University, Cisler Center, Superior Room, 650 West Easterday Avenue, Sault Ste. Marie (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:25 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, October 21, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 95 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, October 21, 2015. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1686 JOURNAL OF THE SENATE [October 21, 2015] [No. 95 astor Jeffrey Hawkins of Prince of Peace Missionary Baptist Church of Flint offered the following invocation: P Creator and Sustainer of life, we come to You as humbly as we know how, taking the time to first thank You for this great United States of America and even this great state of Michigan in which we reside. Our prayer is that You continue to bless these elected and appointed officials as laws and decisions are being made to better the quality of life for the constituents whom they serve. We pray that all things would be done decently and in order. It is our prayer that any malice or selfishness is set aside and that all may come together for the common cause—the people they serve. We come praying for Your guidance and Your infinite wisdom in all decision making, in the order in which things should be kept, and the cohesive bond that is needed to assure the best outcome for the people. We come believing that no weapon formed against us in mind, body, or soul shall prosper, and by standing together, we are even more invincible than standing alone. I come praying personally for the health and welfare of each elected and appointed official, whether it be in mind or body, that You will bless them. If anything is ailing them, I pray You will heal them. I pray their minds be renewed, not only for the benefit of the people of this great state, but for themselves as well as their families. I pray that You will keep them in Your care and use them for Your glory. Now as I end this prayer, I offer up sincere gratitude for this land of opportunity, the democracy in which it is run, the constituents who reside here, and those who have been put in place to help keep the order and be gatekeepers even for the least of these. Now unto Him who is able to keep us from falling and to present us faultless before the presence of His glory with exceeding joy, to the only wise God, our Savior, glory and majesty, dominion and power, both now and forever. Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Ananich entered the Senate Chamber. enator Kowall moved that Senator Hansen be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Zorn admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, October 20: House Bill Nos. 4577 4674 4677 4796 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:06 a.m. 10:11 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senator Zorn introduced Kim Pearce and Megan Noland of Monroe and presented them with Senate Resolution No. 94, commemorating October as Dysautonomia Awareness Month. During the recess, Senator Hansen entered the Senate Chamber. No. 95] [October 21, 2015] JOURNAL OF THE SENATE 1687 Messages from the House Senate Bill No. 22, entitled A bill to amend 1986 PA 182, entitled “State police retirement act of 1986,” (MCL 38.1601 to 38.1648) by amending the title and by adding section 40c. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 448 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Young Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 336, entitled A bill to prescribe the blue alert of Michigan as the official response to reports of serious injury or death of a law enforce­ ment officer in certain circumstances; and to provide for the powers and duties of certain state and local govern­mental officers and entities. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2) and ordered that it be given immediate effect. 1688 JOURNAL OF THE SENATE [October 21, 2015] [No. 95 ending the order that, under rule 3.202, the bill be laid over one day, P Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 449 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Young Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Knollenberg as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 428, entitled A bill to establish the American Red Cross Michigan fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations. House Bill No. 4464, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4g (MCL 205.54g), as amended by 2013 PA 211. No. 95] [October 21, 2015] JOURNAL OF THE SENATE 1689 House Bill No. 4465, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4d (MCL 205.94d), as amended by 2008 PA 439. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 429, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2013 PA 92. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 175, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12f of chapter XVII (MCL 777.12f), as amended by 2014 PA 220. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 176, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 20d, 212, 304, 319, 625k, and 625l (MCL 257.20d, 257.212, 257.304, 257.319, 257.625k, and 257.625l), section 20d as added by 2008 PA 462, section 212 as amended by 2002 PA 534, section 304 as amended by 2013 PA 226, section 319 as amended by 2012 PA 306, and sections 625k and 625l as amended by 2008 PA 461. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 357, entitled A bill to amend 1974 PA 300, entitled “Motor vehicle service and repair act,” by amending sections 2 and 10 (MCL 257.1302 and 257.1310), section 2 as amended by 1988 PA 254 and section 10 as amended by 2000 PA 366, and by adding sections 6a and 10a. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4182, entitled A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 3 (MCL 15.263), as amended by 1988 PA 278. Substitute (S-1). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 2, line 13, after “DUTY.” by inserting “THE REQUIREMENT TO BE PHYSICALLY PRESENT TO CAST A VOTE MAY BE WAIVED BY THE ELECTIVE BODY FOR 1 MEETING EACH YEAR FOR EACH MEMBER IF ALL OF THE FOLLOWING CONDITIONS ARE MET: (A) THE VOTE IS CAST THROUGH A VIDEO CONFERENCE SYSTEM. (B) THE ABSENCE IS FOR GOOD CAUSE, SUCH AS A SERIOUS ILLNESS OF THE MEMBER OR HIS OR HER FAMILY MEMBER OR THE DEATH OF A FAMILY MEMBER.”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senator Young entered the Senate Chamber. 1690 JOURNAL OF THE SENATE [October 21, 2015] [No. 95 Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 House Concurrent Resolution No. 14 Senate Concurrent Resolution No. 6 Senate Concurrent Resolution No. 8 The motion prevailed. enators Warren, Jones, Hopgood, Bieda, Smith, Schuitmaker and Booher offered the following resolution: S Senate Resolution No. 107. A resolution to urge the Governor to reject the request by the city of Waukesha, Wisconsin, to divert water from the Great Lakes. Whereas, Ten years ago, the eight states and two Canadian provinces that call the Great Lakes home came to a historic agreement to protect Great Lakes water. The Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agree­ ment, signed by the governors and premiers in 2005, and the Great Lakes-St. Lawrence River Basin Water Resources Compact, fully ratified by the eight states and the U.S. Congress in 2008, prohibit new or increased water diversions out of the Great Lakes basin; and Whereas, The compact and agreement provide a narrow exception to the prohibition on diversions for communities outside the Great Lakes basin, but within counties that lie partially within the basin. Communities within these straddling counties may request a diversion. The request must meet strict standards and criteria, undergo regional review by the Great Lakes-St. Lawrence River Water Resources Regional Body, and for diversions originating in the United States, be unanimously approved by the Great Lakes-St. Lawrence River Basin Water Resources Council, comprised of the eight Great Lakes governors; and Whereas, The city of Waukesha, Wisconsin, is the first community to apply for an exception since the compact was adopted. Currently, the Wisconsin Department of Natural Resources is finalizing its technical review and environmental impact statement, which recommended that Waukesha be granted an exception. The state of Wisconsin is expected to forward Waukesha’s application for review and approval by the regional body and the council by the end of 2015; and Whereas, It is the responsibility of the eight Great Lakes states and two Great Lakes provinces to ensure that any new or increased diversion from the Great Lakes meets the high standards set forth in the agreement and compact. While the city of Waukesha is within its rights to request an exception to the prohibition on diversions and the city clearly has a radium issue in its drinking water that needs to be addressed, it has not met these high standards; and Whereas, The city of Waukesha has failed to demonstrate that there is no reasonable water supply alternative within the basin in which it is located, as required by the agreement and compact. The city has not strived to address its radium water problems through other treatment methods as dozens of other communities have; and Whereas, The city of Waukesha has not limited its request to quantities considered reasonable for the purposes for which it is proposed, as required by the agreement and compact. The city of Waukesha’s application currently calls for water not only for its community, but for surrounding communities as well that are not experiencing widespread radium problems. The city is requesting a diversion to provide water to an expanded service area of approximately 37 square miles, about 17 square miles larger than the current service area. The city’s request for an average of 10.1 million gallons per day (mgd) is about 40 percent more water than is currently used (6.5 mgd) and about 25 percent more water than the projected needs of the current service area (8.2 mgd). The expanded service area gives the appearance that the Waukesha request is more about addressing the water utility’s desire for growth and less about addressing a drinking water problem; and Whereas, The city of Waukesha has not fully incorporated environmentally sound and economically feasible water con­ servation measures to minimize the water needed, as required by the agreement and compact. There are no conservation standards in place for the areas in the expanded service area outside the city of Waukesha, and the conservation methods proposed are inadequate; now, therefore, be it Resolved by the Senate, That we urge the Governor to reject the request by the city of Waukesha, Wisconsin, to divert water from the Great Lakes; and be it further Resolved, That copies of this resolution be transmitted to the Governor of Michigan; the governors of Illinois, Indiana, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin; and the premiers of Ontario and Québec. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. No. 95] [October 21, 2015] JOURNAL OF THE SENATE 1691 he question being on the adoption of the resolution, T Senator Kowall moved that the resolution be referred to the Committee on Natural Resources. The motion prevailed. Senators Kowall, Marleau, Rocca and Schmidt were named co‑sponsors of the resolution. Senators Stamas, Booher, Marleau, Brandenburg, Proos, Robertson, Emmons, Schmidt and Horn offered the following resolution: Senate Resolution No. 108. A resolution to commemorate October 18-24, 2015, as Chemistry Week. Whereas, It is important to recognize the significant contributions the business of chemistry makes to the well-being of Michigan and its citizens; and Whereas, National Chemistry Week is a community-based annual event that unites industry, businesses, schools, and indi­viduals in communicating the importance of chemistry to our quality of life; and Whereas, Each year, the American Chemical Society, through this effort, reaches millions of people with positive messages about the contributions of chemistry to their daily lives; and Whereas, It is the one time during the year that chemists, regardless of their backgrounds, unite with the common goal of spreading the word that chemistry is good for our economy, our health, and our well-being; and Whereas, The theme for National Chemistry Week 2015 is “Chemistry Colors Our World!” exploring the chemistry of dyes, pigments, and light; and Whereas, This encourages chemists and chemistry enthusiasts to build awareness of chemistry at the local level. Local sectors, businesses, schools, and individuals are invited to organize or participate in events in their communities with a mutual goal to promote the value of chemistry in everyday life; and Whereas, In Michigan, 96 percent of all manufactured goods are directly touched by the business of chemistry, making this industry an essential part of every facet of our state’s economy; and Whereas, Chemistry companies in Michigan directly employ over 28,300 people and indirectly contribute 91,350 jobs to the economy of the state. For every chemistry industry job in Michigan, an additional 3.2 jobs are created within the state; and Whereas, The Michigan Chemistry Council and its member companies are working to improve and strengthen our com­ munities; and Whereas, Michigan’s chemistry businesses are developing products and applications that are vital to the modern world; and Whereas, The Michigan Chemistry Council and the American Chemical Society believe National Chemistry Week is an opportunity for government to join forces with chemistry businesses and the citizens of Michigan to ensure a prosperous and sustainable future; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate October 18-24, 2015, as Chemistry Week in the state of Michigan. We call the attention of all our citizens to this observance with the theme “Chemistry Colors Our World!” Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Hansen, Hopgood, Kowall, MacGregor and Zorn were named co‑sponsors of the resolution. enators Warren, Jones, Hopgood, Bieda, Smith, Schuitmaker and Booher offered the following concurrent resolution: S Senate Concurrent Resolution No. 17. A concurrent resolution to urge the Governor to reject the request by the city of Waukesha, Wisconsin, to divert water from the Great Lakes. Whereas, Ten years ago, the eight states and two Canadian provinces that call the Great Lakes home came to a historic agreement to protect Great Lakes water. The Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agree­ ment, signed by the governors and premiers in 2005, and the Great Lakes-St. Lawrence River Basin Water Resources Compact, fully ratified by the eight states and the U.S. Congress in 2008, prohibit new or increased water diversions out of the Great Lakes basin; and Whereas, The compact and agreement provide a narrow exception to the prohibition on diversions for communities outside the Great Lakes basin, but within counties that lie partially within the basin. Communities within these straddling counties may request a diversion. The request must meet strict standards and criteria, undergo regional review by the Great Lakes-St. Lawrence River Water Resources Regional Body, and for diversions originating in the United States, be unanimously approved by the Great Lakes-St. Lawrence River Basin Water Resources Council, comprised of the eight Great Lakes governors; and 1692 JOURNAL OF THE SENATE [October 21, 2015] [No. 95 Whereas, The city of Waukesha, Wisconsin, is the first community to apply for an exception since the compact was adopted. Currently, the Wisconsin Department of Natural Resources is finalizing its technical review and environmental impact statement, which recommended that Waukesha be granted an exception. The state of Wisconsin is expected to forward Waukesha’s application for review and approval by the regional body and the council by the end of 2015; and Whereas, It is the responsibility of the eight Great Lakes states and two Great Lakes provinces to ensure that any new or increased diversion from the Great Lakes meets the high standards set forth in the agreement and compact. While the city of Waukesha is within its rights to request an exception to the prohibition on diversions and the city clearly has a radium issue in its drinking water that needs to be addressed, it has not met these high standards; and Whereas, The city of Waukesha has failed to demonstrate that there is no reasonable water supply alternative within the basin in which it is located, as required by the agreement and compact. The city has not strived to address its radium water problems through other treatment methods as dozens of other communities have; and Whereas, The city of Waukesha has not limited its request to quantities considered reasonable for the purposes for which it is proposed, as required by the agreement and compact. The city of Waukesha’s application currently calls for water not only for its community, but for surrounding communities as well that are not experiencing widespread radium problems. The city is requesting a diversion to provide water to an expanded service area of approximately 37 square miles, about 17 square miles larger than the current service area. The city’s request for an average of 10.1 million gallons per day (mgd) is about 40 percent more water than is currently used (6.5 mgd) and about 25 percent more water than the projected needs of the current service area (8.2 mgd). The expanded service area gives the appearance that the Waukesha request is more about addressing the water utility’s desire for growth and less about addressing a drinking water problem; and Whereas, The city of Waukesha has not fully incorporated environmentally sound and economically feasible water con­ serva­tion measures to minimize the water needed, as required by the agreement and compact. There are no conservation standards in place for the areas in the expanded service area outside the city of Waukesha, and the conservation methods proposed are inadequate; now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That we urge the Governor to reject the request by the city of Waukesha, Wisconsin, to divert water from the Great Lakes; and be it further Resolved, That copies of this resolution be transmitted to the Governor of Michigan; the governors of Illinois, Indiana, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin; and the premiers of Ontario and Québec. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the concurrent resolution, Senator Kowall moved that the concurrent resolution be referred to the Committee on Natural Resources. The motion prevailed. Senators Horn, Kowall, Marleau, Rocca and Schmidt were named co‑sponsors of the concurrent resolution. By unanimous consent the Senate returned to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 326 Senate Bill No. 421 Senate Bill No. 422 House Bill No. 4286 The motion prevailed. The following bill was read a third time: Senate Bill No. 326, entitled A bill to designate an official airplane of the state of Michigan. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 450 Ananich Bieda Yeas—38 Hertel Hildenbrand Kowall Rocca MacGregor Schmidt No. 95] [October 21, 2015] JOURNAL OF THE SENATE 1693 Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he Senate agreed to the title of the bill. T Senators Hertel, Hildenbrand, Hopgood, Hune, Meekhof, O’Brien, Rocca and Stamas were named co‑sponsors of the bill. Senators Colbeck and Warren asked and were granted unanimous consent to make statements and moved that the state­ ments be printed in the Journal. The motion prevailed. Senator Colbeck’s statement is as follows: The good Senator from the 18th District stole my lines here. It isn’t often that we are on the same page regarding legis­ lation here, but this is a prime example. Actually, it’s a prime example of how it brought people on different sides of a lot of issues on the same page back during World War II. Whenever you talk about the concept of the Rosies and their work out at the Willow Run bomber plant, it brings a smile to the faces of people wearing blue collars, white collars, of all different races, and of all different persuasions. Everybody came together to work together for a common goal. As an aerospace engineer and a big World War II history buff, this is near and dear to my heart, but it’s also near and dear to the hearts of many World War II veterans who know what an endearing mark that the B-24 has had on their lives. I strongly encourage support of this bill. This is a prime example of how in Detroit we are known as the automotive manufacturing capital of the world, but back during World War II, we were known as the Arsenal of Democracy. There’s no better emblem of that Arsenal of Democracy, that can-do spirit, and that manufacturing know-how here in Michigan than the B-24. I urge my colleagues to support this legislation and look forward to a few B-24s coming back here to Michigan. enator Warren’s statement is as follows: S If you think about the enduring images of World War II and America’s manufacturing might, you might picture American flyboys and Rosie the Riveter. So I am standing in front of you today asking you to help me honor that heritage, that manu­facturing might and know-how that started right here in Michigan. Senate Bill No. 326 would name the B-24 Liberator Michigan’s official state aircraft. The B-24 Liberator played an essential role in the Allies’ victory in World War II and was built at the time in the largest factory, a Ford factory in Willow Run, under one roof. Forty thousand employees worked together under one roof to build this aircraft. At the height of their production, a Liberator rolled off the assembly line every 55 minutes. There were two other plants in the U.S. making Liberators at the time, and they only put out one per day. We were putting out one per hour right here in Michigan. So we are trying to make a statement about the importance of our history. We are trying to remind people about Michigan’s manufacturing might. At the Willow Run plant, the site where the Ford plant existed and created these Liberators, we want to create a new museum, a National Museum of Aviation and Technology at Historic Willow Run. We want to do this as a symbol and way to honor that history. So these American flyboys, who did everything it took to win World War II for us, flew these bombers because they had great range. Compared to other aircraft, they had a sleeker design, could go farther, go faster, and they flew 226,775 sorties, which means they came out of positions of defense to go and make sure we won that critical war. While many of our men 1694 JOURNAL OF THE SENATE [October 21, 2015] [No. 95 were fighting in Europe, Italy, and Asia, the women picked up where they left off in the factories making sure they were full of workers building these bombers to help us win the war effort. The official Rosie the Riveter, Rose Will Monroe, actually worked at the Willow Run Ford plant in the 18th District that I represent. So, colleagues, I hope that you will join me today in passing this bill sending the message that the B-24 Liberator and the strong manufacturing and technology know-how that defines us as Michiganders and Americans will move forward. It doesn’t happen very often, Madam President, that the good Senator from the 7th District and I stand together to tell you that something is important to both of us. We don’t agree on a lot, but this is something we have worked on together, hand in hand, to move forward, and I appreciate his support. We are both asking for your support today. The following bill was read a third time: Senate Bill No. 421, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 653 (MCL 257.653). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 451 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Smith Emmons Hune Nofs Stamas Green Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Nays—2 Colbeck Shirkey Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 422, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12g of chapter XVII (MCL 777.12g), as amended by 2008 PA 467. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 452 Ananich Bieda Yeas—36 Hertel Knollenberg Robertson Hildenbrand Kowall Rocca No. 95] [October 21, 2015] JOURNAL OF THE SENATE Booher Hood Brandenburg Hopgood Casperson Horn Emmons Hune Green Johnson Gregory Jones Hansen Knezek 1695 MacGregor Schmidt Marleau Schuitmaker Meekhof Smith Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—2 Colbeck Shirkey Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4286, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2010 PA 317. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 453 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 In The Chair: Schuitmaker Not Voting—0 1696 JOURNAL OF THE SENATE [October 21, 2015] [No. 95 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”. The Senate agreed to the full title. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator O’Brien introduced Senate Bill No. 572, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7d (MCL 211.7d), as amended by 2012 PA 66. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Emmons, Colbeck, Jones, Shirkey, Booher, Brandenburg, Zorn, Robertson, Pavlov, Marleau, Hune and Proos introduced Senate Bill No. 573, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20115 (MCL 333.20115), as amended by 2012 PA 499. The bill was read a first and second time by title and referred to the Committee on Oversight. Senators Warren, Hopgood, Bieda, Smith, Hune, Young, Knezek, Johnson, Gregory and Hood introduced Senate Bill No. 574, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 21525. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators Colbeck, Emmons, Jones, Shirkey, Booher, Brandenburg, Zorn, Robertson, Pavlov, Marleau, Hune and Proos introduced Senate Bill No. 575, entitled A bill to amend 2002 PA 360, entitled “An act to revise the priority of allocation of funds for certain programs and services administered by the department of community health; and to prescribe the powers and duties of certain state agencies and departments,” by amending the title and section 1 (MCL 333.1091). The bill was read a first and second time by title and referred to the Committee on Oversight. Senators Knollenberg, Proos and Jones introduced Senate Bill No. 576, entitled A bill to amend 1975 PA 46, entitled “An act to create the office of the legislative corrections ombudsman; to prescribe the powers and duties of the office, the ombudsman, the legislative council, and the department of corrections; and to No. 95] [October 21, 2015] JOURNAL OF THE SENATE 1697 provide remedies from administrative acts,” by amending sections 5 and 9 (MCL 4.355 and 4.359), section 5 as amended by 2010 PA 287 and section 9 as amended by 1995 PA 197. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senator Booher introduced Senate Bill No. 577, entitled A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending section 10 (MCL 125.1510), as amended by 2013 PA 125. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. House Bill No. 4577, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 312f (MCL 257.312f), as amended by 2015 PA 11. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 4674, entitled A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100a, 100c, 202, 401, 404, 420, 422, 423, 425, 426, 427, 429, 431, 434, 435, 447, 448, 449, 451, 452, 453, 454, 455, 461, 463, 468, 469a, 472a, 474, 474a, and 475 (MCL 330.1100a, 330.1100c, 330.1202, 330.1401, 330.1404, 330.1420, 330.1422, 330.1423, 330.1425, 330.1426, 330.1427, 330.1429, 330.1431, 330.1434, 330.1435, 330.1447, 330.1448, 330.1449, 330.1451, 330.1452, 330.1453, 330.1454, 330.1455, 330.1461, 330.1463, 330.1468, 330.1469a, 330.1472a, 330.1474, 330.1474a, and 330.1475), sec­ tion 100a as amended by 2012 PA 500, section 100c as amended by 2015 PA 59, sections 202, 420, 423, 425, 426, 427, 429, 431, 434, 435, 448, 449, 451, 452, 453, 454, 455, 461, 463, and 468 as amended by 1995 PA 290, sec­tion 401 as amended by 2004 PA 496, section 422 as amended by 2004 PA 317, section 469a as amended by 2004 PA 497, sec­ tions 472a and 475 as amended by 2004 PA 498, and sections 474 and 474a as added by 1996 PA 588, and by adding section 400b; and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Health Policy. House Bill No. 4677, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2015 PA 19. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. House Bill No. 4796, entitled A bill to amend 1955 PA 133, entitled “An act to provide for the granting of military leaves and providing re-employment protection for officers and enlisted men of the military or naval forces of the state or of the United States,” by amending sections 2 and 3 (MCL 32.272 and 32.273), section 3 as amended by 2008 PA 106. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. Committee Reports The Committee on Education reported Senate Bill No. 510, entitled A bill to prohibit the disclosure or use of certain information. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson 1698 JOURNAL OF THE SENATE [October 21, 2015] [No. 95 To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, October 20, 2015, at 12:00 noon, Room 110, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek The Committee on Health Policy reported Senate Bill No. 444, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 209A. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Tuesday, October 20, 2015, at 12:30 p.m., Room 110, Farnum Building Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood The Committee on Local Government reported Senate Bill No. 394, entitled A bill to amend 1917 PA 167, entitled “Housing law of Michigan,” by amending sections 1, 125, and 126 (MCL 125.401, 125.525, and 125.526), sections 1 and 126 as amended by 2008 PA 408. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Proos, Brandenburg and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Local Government reported House Bill No. 4212, entitled A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 11 (MCL 46.11), as amended by 2012 PA 15. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Brandenburg, Rocca and Young Nays: Senator Proos The bill and the substitute recommended by the committee were referred to the Committee of the Whole. No. 95] [October 21, 2015] JOURNAL OF THE SENATE 1699 The Committee on Local Government reported House Bill No. 4215, entitled A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 6 of chapter IV (MCL 224.6), as amended by 2012 PA 14. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Brandenburg, Rocca and Young Nays: Senator Proos The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, October 20, 2015, at 12:30 p.m., Room 100, Farnum Building Present: Senators Zorn (C), Proos, Brandenburg, Rocca and Young Scheduled Meetings Commerce, Economic Development and International Investment, and Transportation - Monday, November 2, 10:15 a.m., Lake Superior State University, Cisler Center, Superior Room, 650 West Easterday Avenue, Sault Ste. Marie (373-5312) Economic Development and International Investment - Thursday, October 22, 1:30 p.m., Room 210, Farnum Building (373-5323) Economic Development and International Investment, Transportation, and Commerce - Monday, November 2, 10:15 a.m., Lake Superior State University, Cisler Center, Superior Room, 650 West Easterday Avenue, Sault Ste. Marie (373-5312) Elections and Government Reform - Thursday, October 22, 9:00 a.m., Room 210, Farnum Building (373-1721) Finance - Tuesday, October 27, 2:30 p.m., Room 210, Farnum Building (373-5312) Transportation, Commerce, and Economic Development and International Investment - Monday, November 2, 10:15 a.m., Lake Superior State University, Cisler Center, Superior Room, 650 West Easterday Avenue, Sault Ste. Marie (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:51 a.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, October 22, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1700 No. 96 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, October 22, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—excused Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1702 JOURNAL OF THE SENATE [October 22, 2015] [No. 96 astor Tim Berlin of Faith Baptist Church of Warren offered the following invocation: P Heavenly Father, we thank You for the privilege it is to come into Your presence. I thank You for Your servants who have given their lives to make a difference. I pray that You would encourage them. May they see that the service they do today is worth it, especially that which many times goes unnoticed. Father, I pray that You would encourage their hearts. I pray that You would give them the wisdom they need, and fill them with discernment. I pray that they would be able to navigate through all of the details, and they would be able to know what is best. I pray that You would sustain them with the strength they need, and provide for them the help they may need. Lord, I thank You for the unsung heroes and their families, who are so willing to sacrifice so they can serve our state and ultimately serve as Your servants. Thank You for each family member. Would You fill them with grace, give them patience when necessary, and encourage their hearts. I pray they would see it’s what family does that makes an ultimate difference. May their hearts be encouraged by that. I pray for spouses who go long hours without their spouse, serving here and traveling for many hours campaigning and other things. Please make their marriages strong. Heavenly Father, please guide today in decisions to be made. May they understand they serve a great God and will give an account, and help them do the best they can. Bless them in an unusual way, encouraging their hearts. Help them to know that there are many of us out here who are so thankful for what they do. I pray all of this in the name of the One who is above every name. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Robertson, Casperson, Shirkey, Emmons, Hood and Hildenbrand entered the Senate Chamber. enator Kowall moved that Senator Hansen be excused from today’s session. S The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. The following communication was received and read: Office of the Auditor General October 20, 2015 nclosed is a copy of the following audit reports: E • Follow-up report on the performance audit of the Office of Professional Preparation Services, Michigan Department of Education. • Performance audit report of the Bellamy Creek Correctional Facility, Department of Corrections. Sincerely, Doug Ringler Auditor General The audit reports were referred to the Committee on Government Operations. The following communications were received: Department of State Administrative Rules Notices of Filing October 9, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-022-LR (Secretary of State Filing #15-10-04) on this date at 4:07 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Construction Code - Part 5. Residential Code.” These rules take effect 120 days after filing with the Secretary of State. No. 96] [October 22, 2015] JOURNAL OF THE SENATE 1703 October 9, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-095-LR (Secretary of State Filing #15-10-05) on this date at 4:07 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Construction Code - Part 10. Michigan Energy Code.” These rules take effect 120 days after filing with the Secretary of State. October 16, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-023-EQ (Secretary of State Filing #15-10-06) on this date at 4:14 p.m. for the Department of Environmental Quality, entitled “Supplying Water to the Public.” These rules take effect immediately upon filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The following communication was received: Office of Senator Steven M. Bieda October 20, 2015 er Senate Rule 1.110(c), I am requesting that my name be added immediately as a co‑sponsor to Senate Bill 556, P which was introduced on October 8, 2015, by Senator Ken Horn and is currently in the Senate Economic Development and International Investment Committee. If you have any questions, please feel free to contact my office. Thank you. Sincerely, Steve Bieda State Senator 9th District The communication was referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, October 21: House Bill Nos. 4817 4818 The Secretary announced that the following bills were printed and filed on Wednesday, October 21, and are available at the Michigan Legislature website: Senate Bill Nos. 569 570 571 572 573 574 575 576 577 House Bill Nos. 4999 5000 5001 5002 5003 5004 5005 5006 enator Kowall moved that rule 3.902 be suspended to allow the guest of Senator Shirkey admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Messages from the Governor The following messages from the Governor were received: Date: October 19, 2015 Time: 8:47 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 298 (Public Act No. 144), being An act to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide 1704 JOURNAL OF THE SENATE [October 22, 2015] [No. 96 for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending sections 50a and 502c (MCL 750.50a and 750.502c), section 50a as added by 1994 PA 42 and section 502c as amended by 1998 PA 38. (Filed with the Secretary of State on October 20, 2015, at 4:32 p.m.) Date: October 19, 2015 Time: 8:57 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 66 (Public Act No. 157), being An act to amend 1993 PA 23, entitled “An act to provide for the organization and regulation of limited liability companies; to prescribe their duties, rights, powers, immunities, and liabilities; to prescribe the powers and duties of certain state departments and agencies; and to provide for penalties and remedies,” by amending section 102 (MCL 450.4102), as amended by 2012 PA 568. (Filed with the Secretary of State on October 20, 2015, at 4:58 p.m.) Date: October 19, 2015 Time: 8:59 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 67 (Public Act No. 158), being An act to amend 1972 PA 284, entitled “An act to provide for the organization and regulation of corporations; to prescribe their duties, rights, powers, immunities and liabilities; to provide for the authorization of foreign corporations within this state; to prescribe the functions of the administrator of this act; to prescribe penalties for violations of this act; and to repeal certain acts and parts of acts,” by amending section 109 (MCL 450.1109), as amended by 2012 PA 569. (Filed with the Secretary of State on October 20, 2015, at 5:00 p.m.) Date: October 19, 2015 Time: 9:01 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 64 (Public Act No. 155), being An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commis­sions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health main­ tenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 1104, 20104, 20155, 20155a, 21703, 21734, and 21799a (MCL 333.1104, 333.20104, 333.20155, 333.20155a, 333.21703, 333.21734, and 333.21799a), section 1104 as amended by 2013 PA 268, sections 20104 and 20155 as amended by 2015 PA 104, section 20155a as added by 2012 PA 322, section 21734 as added by 2000 PA 437, and section 21799a as amended by 2004 PA 189. (Filed with the Secretary of State on October 20, 2015, at 4:54 p.m.) Date: October 20, 2015 Time: 3:35 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 299 (Public Act No. 145), being An act to amend 1970 PA 207, entitled “An act to exempt certain dogs from license fees,” by amending the title and section 1 (MCL 287.291), the title as amended by 1981 PA 74 and section 1 as amended by 2000 PA 4. (Filed with the Secretary of State on October 20, 2015, at 4:34 p.m.) No. 96] [October 22, 2015] JOURNAL OF THE SENATE 1705 Date: October 20, 2015 Time: 4:01 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 358 (Public Act No. 159), being An act to amend 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” by amending section 1531 (MCL 380.1531), as amended by 2007 PA 32. (Filed with the Secretary of State on October 20, 2015, at 5:02 p.m.) Date: October 20, 2015 Time: 4:03 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 65 (Public Act No. 156), being An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health main­ tenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 20109 and 21715 (MCL 333.20109 and 333.21715), section 20109 as amended by 1996 PA 224. (Filed with the Secretary of State on October 20, 2015, at 4:56 p.m.) Respectfully, Rick Snyder Governor Messages from the House Senator Young entered the Senate Chamber. Senate Bill No. 152, entitled A bill to amend 2004 PA 403, entitled “Michigan unarmed combat regulatory act,” by amending the title and sec­ tions 10, 11, 12, 20, 21, 22, 30, 31, 33, 34, 35, 40, 41, 42, 44, 45, 47, 48, 55, 57, and 58 (MCL 338.3610, 338.3611, 338.3612, 338.3620, 338.3621, 338.3622, 338.3630, 338.3631, 338.3633, 338.3634, 338.3635, 338.3640, 338.3641, 338.3642, 338.3644, 338.3645, 338.3647, 338.3648, 338.3655, 338.3657, and 338.3658), sections 10, 11, 12, 21, 31, 34, 35, 47, 48, 55, 57, and 58 as amended by 2007 PA 196, sections 20 and 33 as amended by 2012 PA 546, and section 22 as amended by 2010 PA 100, and by adding sections 33a, 33b, 33c, 33d, 49, 49a, and 54a; and to repeal acts and parts of acts. 1706 JOURNAL OF THE SENATE [October 22, 2015] [No. 96 The House of Representatives has amended the bill as follows: 1. Amend page 21, line 2, after “CERTIFIED” by inserting a comma and “OR WAS PREVIOUSLY CERTIFIED,”. The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the amendment made to the bill by the House, The amendment was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 454 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Hansen Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Hildenbrand as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 543, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2013 PA 92. No. 96] [October 22, 2015] JOURNAL OF THE SENATE 1707 Senate Bill No. 544, entitled A bill to amend 2008 PA 525, entitled “Fostering futures scholarship trust fund act,” by amending section 9 (MCL 722.1029), as amended by 2014 PA 530. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4362, entitled A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 611 (MCL 418.611), as amended by 1993 PA 198. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 538, entitled A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending sections 2, 30, and 31 (MCL 567.222, 567.250, and 567.251), section 2 as amended by 2008 PA 208, section 30 as amended by 2012 PA 292, and section 31 as amended by 2013 PA 148, and by adding sections 4a and 31b. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4134, entitled A bill to amend 1965 PA 290, entitled “Boiler act of 1965,” by amending sections 2 and 13d (MCL 408.752 and 408.763d), as amended by 2013 PA 167. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 428 Senate Bill No. 429 House Bill No. 4464 House Bill No. 4465 Senate Bill No. 175 Senate Bill No. 176 Senate Bill No. 357 House Bill No. 4182 The motion prevailed. The following bill was read a third time: Senate Bill No. 428, entitled A bill to establish the American Red Cross Michigan fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1708 JOURNAL OF THE SENATE [October 22, 2015] Roll Call No. 455 [No. 96 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Hansen Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 429, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2013 PA 92. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 456 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hertel Nays—0 No. 96] [October 22, 2015] JOURNAL OF THE SENATE 1709 Excused—1 Hansen Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4464, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4g (MCL 205.54g), as amended by 2013 PA 211. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 457 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Hansen Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,”. The Senate agreed to the full title. 1710 JOURNAL OF THE SENATE [October 22, 2015] [No. 96 The following bill was read a third time: House Bill No. 4465, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4d (MCL 205.94d), as amended by 2008 PA 439. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 458 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Hansen Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 175, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12f of chapter XVII (MCL 777.12f), as amended by 2014 PA 220. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 459 Bieda Booher Yeas—34 Hopgood Horn Marleau Schmidt Meekhof Schuitmaker No. 96] [October 22, 2015] JOURNAL OF THE SENATE 1711 Brandenburg Hune Nofs Shirkey Casperson Johnson O’Brien Smith Emmons Jones Pavlov Stamas Green Knezek Proos Warren Hertel Knollenberg Robertson Young Hildenbrand Kowall Rocca Zorn Hood MacGregor Nays—3 Ananich Colbeck Gregory Excused—1 Hansen Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 176, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending the title and sections 20d, 212, 304, 319, 625k, 625l, and 732a (MCL 257.20d, 257.212, 257.304, 257.319, 257.625k, 257.625l, and 257.732a), the title as amended by 2013 PA 231, section 20d as added by 2008 PA 462, sections 212 and 319 as amended by 2015 PA 11, section 304 as amended by 2013 PA 226, sections 625k and 625l as amended by 2008 PA 461, and section 732a as amended by 2014 PA 250, and by adding section 625q. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 460 Yeas—34 Bieda Hopgood Marleau Schmidt Booher Horn Meekhof Schuitmaker Brandenburg Hune Nofs Shirkey Casperson Johnson O’Brien Smith Emmons Jones Pavlov Stamas Green Knezek Proos Warren Hertel Knollenberg Robertson Young Hildenbrand Kowall Rocca Zorn Hood MacGregor Nays—3 Ananich Colbeck Gregory 1712 JOURNAL OF THE SENATE [October 22, 2015] [No. 96 Excused—1 Hansen Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. Senator Schuitmaker asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Schuitmaker’s statement is as follows: This reform will bring integrity and administration to the ignition interlock program while also improving the safety of our families and loved ones on the roads. Under our current law, those convicted of alcohol-related offenses may be allowed to keep their driving privileges if a breath alcohol ignition interlock device is installed on their vehicle. These devices require breath samples to ensure that drivers have not consumed alcohol before starting a vehicle or while driving. Individuals convicted in sobriety courts are required to have a photo-capable device installed on their vehicle. These devices take photos when samples are collected to prove that the driver is providing the breath sample. Photo-capable breath alcohol ignition interlock devices are the standard across the country and are part of the National Highway Traffic Safety Administration’s standards. This package of legislation will ensure that all drivers, not just those convicted in sobriety courts, are in compliance with this standard. I urge a “yes” vote on this legislation to help combat drunk driving and keep our communities safe. The following bill was read a third time: Senate Bill No. 357, entitled A bill to amend 1974 PA 300, entitled “Motor vehicle service and repair act,” by amending sections 2 and 10 (MCL 257.1302 and 257.1310), section 2 as amended by 1988 PA 254 and section 10 as amended by 2000 PA 366, and by adding sections 6a and 10a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 461 Yeas—34 Bieda Hopgood Marleau Schmidt Booher Horn Meekhof Schuitmaker Brandenburg Hune Nofs Shirkey Casperson Johnson O’Brien Smith Emmons Jones Pavlov Stamas Green Knezek Proos Warren Hertel Knollenberg Robertson Young Hildenbrand Kowall Rocca Zorn Hood MacGregor Nays—3 Ananich Colbeck Gregory No. 96] [October 22, 2015] JOURNAL OF THE SENATE 1713 Excused—1 Hansen Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4182, entitled A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 3 (MCL 15.263), as amended by 1988 PA 278. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 462 Yeas—30 Bieda Hood Marleau Rocca Booher Horn Meekhof Schmidt Brandenburg Hune Nofs Schuitmaker Casperson Jones O’Brien Shirkey Colbeck Knezek Pavlov Stamas Emmons Knollenberg Proos Young Green Kowall Robertson Zorn Hildenbrand MacGregor Nays—7 Ananich Hertel Johnson Warren Gregory Hopgood Smith Excused—1 Hansen Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to require certain meetings of certain public bodies to be open to the public; to require notice and the keeping of minutes of meetings; to provide for enforcement; to provide for invalidation of governmental decisions under certain circumstances; to provide penalties; and to repeal certain acts and parts of acts,”. The Senate agreed to the full title. 1714 JOURNAL OF THE SENATE [October 22, 2015] [No. 96 By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 Senate Concurrent Resolution No. 6 Senate Concurrent Resolution No. 8 The motion prevailed. ouse Concurrent Resolution No. 14. H A concurrent resolution relative to secondary road patrol funds for counties providing road patrol services to cities and villages. The question being on the adoption of the concurrent resolution, The concurrent resolution was adopted. Senator Hansen was named co‑sponsor of the concurrent resolution. Introduction and Referral of Bills Senator Booher introduced Senate Bill No. 578, entitled A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending sections 2, 6, and 13 (MCL 445.1632, 445.1636, and 445.1643), section 2 as amended by 2012 PA 443; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. House Bill No. 4817, entitled A bill to establish the Michigan junior achievement fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. House Bill No. 4818, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2013 PA 92. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. Committee Reports The Committee on Judiciary reported Senate Bill No. 487, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 69b. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Bieda Nays: None The bill was referred to the Committee of the Whole. No. 96] [October 22, 2015] JOURNAL OF THE SENATE 1715 The Committee on Judiciary reported Senate Bill No. 488, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 17f of chapter XVII (MCL 777.17f), as amended by 2012 PA 611. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 558, entitled A bill to amend 1846 RS 66, entitled “Of estates in dower, by the curtesy, and general provisions concerning real estate,” (MCL 558.1 to 558.29) by adding section 30; and to repeal acts and parts of acts. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 559, entitled A bill to amend 1909 PA 259, entitled “An act to provide that judgments of divorce and judgments of separate main­tenance shall make provision in satisfaction of the claims of the wife in the property of the husband and in satisfaction of the claims of the husband and wife in contracts of insurance and annuity upon the life of the husband or wife, and in satisfaction of claims of the husband and wife in or to any pension, annuity, retirement allowance, or accumulated con­tribu­tions in any pension, annuity, or retirement system, including any rights or contingent rights in and to unvested pension, annuity, or retirement benefits; and to change the tenure of lands owned by husband and wife in case of divorce, and to provide for the disposition or partition of such lands or the proceeds thereof,” by amending section 1 (MCL 552.101), as amended by 2006 PA 288. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 560, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 1303, 2202, 2205, and 3807 (MCL 700.1303, 700.2202, 700.2205, and 700.3807), sections 1303, 2202, and 2205 as amended by 2000 PA 54 and section 3807 as amended by 2000 PA 177. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. 1716 JOURNAL OF THE SENATE [October 22, 2015] [No. 96 The Committee on Judiciary reported House Bill No. 4535, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 2a (MCL 28.422a), as amended by 2015 PA 3. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, October 20, 2015, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda The Committee on Natural Resources reported Senate Bill No. 363, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 32505 (MCL 324.32505), as added by 1995 PA 59. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Pavlov, Robertson and Stamas Nays: Senator Warren The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Natural Resources submitted the following: T Meeting held on Wednesday, October 21, 2015, at 12:30 p.m., Room 210, Farnum Building Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, October 21, 2015, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Hopgood, Hertel, Knezek and Young Excused: Senators Hansen and Gregory No. 96] [October 22, 2015] JOURNAL OF THE SENATE 1717 Scheduled Meetings Commerce, Economic Development and International Investment, and Transportation - Monday, November 2, 10:15 a.m., Lake Superior State University, Cisler Center, Superior Room, 650 West Easterday Avenue, Sault Ste. Marie (373-5312) Criminal Justice Policy Commission - Wednesday, November 4, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Economic Development and International Investment, Transportation, and Commerce - Monday, November 2, 10:15 a.m., Lake Superior State University, Cisler Center, Superior Room, 650 West Easterday Avenue, Sault Ste. Marie (373-5312) Finance - Tuesday, October 27, 2:30 p.m., Room 210, Farnum Building (373-5312) Transportation, Commerce, and Economic Development and International Investment - Monday, November 2, 10:15 a.m., Lake Superior State University, Cisler Center, Superior Room, 650 West Easterday Avenue, Sault Ste. Marie (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:39 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, October 27, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1718 No. 97 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, October 27, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1720 JOURNAL OF THE SENATE [October 27, 2015] [No. 97 enator Thomas A. Casperson of the 38th District offered the following invocation: S Heavenly Father, we come before You humbly and ask that You would forgive us for our shortcomings and praise You for who You are. Your word talks about how we are one in You. Lord, You tell us that when one hurts, we all hurt, and when one is unsuccessful, it hurts the whole body. Lord, I pray today that You would unite us, bringing us together in Your name. Lord, help us to govern and make decisions based on Your will, Your guidance, and Your love. We come together today asking You to be with us, and help us through every task that we have. Lord, may the decisions we make today be pleasing in Your sight. We ask all of these things in Your precious name. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Brandenburg and Meekhof entered the Senate Chamber. The following communication was received and read: Office of the Auditor General October 22, 2015 nclosed is a copy of the following audit report: E Follow-up report on the performance audit of Youth Transitioning From Foster Care to Self-Sufficiency, Department of Human Services. Sincerely, Doug Ringler Auditor General The audit report was referred to the Committee on Government Operations. The following communications were received: Department of State Administrative Rules Notices of Filing October 21, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-005-HS (Secretary of State Filing #15-10-08) on this date at 3:17 p.m. for the Department of Health and Human Services, entitled “Crime Victim Services Commission - General Rules.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. October 21, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-028-LR (Secretary of State Filing #15-10-07) on this date at 3:18 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Workers’ Compensation Agency - General Rules.” These rules become effective immediately upon filing with the Secretary of State. October 22, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-040-LR (Secretary of State Filing #15-10-09) on this date at 2:43 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Construction Safety and Health Standards, Part 35. Confined Space in Construction.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. No. 97] [October 27, 2015] JOURNAL OF THE SENATE 1721 October 22, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-042-LR (Secretary of State Filing #15-10-10) on this date at 2:44 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Construction Safety Standards, Part 7. Welding and Cutting.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The following communication was received: Office of Senator Vincent Gregory October 21, 2015 er Senate Rule 1.110(c), I am requesting that my name be added as a co‑sponsor to Senate Bill 557, which was introduced P on October 13, 2015, by Senator Marty Knollenberg and is currently in the Senate Committee on Transportation. If you have any questions, please feel free to contact my office. Sincerely, Vincent Gregory State Senator 11th District The communication was referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Thursday, October 22: House Bill Nos. 4370 4480 4736 4737 4738 4742 4743 4744 4745 The Secretary announced the enrollment printing and presentation to the Governor on Thursday, October 22, for his approval the following bills: Enrolled Senate Bill No. 103 at 3:00 p.m. Enrolled Senate Bill No. 195 at 3:02 p.m. Enrolled Senate Bill No. 309 at 3:04 p.m. The Secretary announced the enrollment printing and presentation to the Governor on Monday, October 26, for his approval the following bills: Enrolled Senate Bill No. 22 at 1:35 p.m. Enrolled Senate Bill No. 336 at 1:37 p.m. The Secretary announced that the following bills were printed and filed on Thursday, October 22, and are available at the Michigan Legislature website: Senate Bill No. 578 House Bill Nos. 5007 5008 5009 5010 5011 5012 5013 The Secretary announced that the following bills were printed and filed on Friday, October 23, and are available at the Michigan Legislature website: House Bill Nos. 5014 5015 5016 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:04 a.m. 1722 JOURNAL OF THE SENATE [October 27, 2015] [No. 97 12:11 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. enator Kowall moved that rule 2.106 be suspended to allow committees to meet during Senate session. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 12:12 p.m. 3:44 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 Senate Concurrent Resolution No. 6 Senate Concurrent Resolution No. 8 The motion prevailed. Senators Green, Hildenbrand, MacGregor, Kowall, Schmidt, Jones, Schuitmaker, Booher, Zorn, Shirkey, Colbeck, Horn, Proos, Pavlov, Nofs, Hansen, Robertson, Marleau, Brandenburg, Knollenberg and Knezek offered the following resolution: Senate Resolution No. 109. A resolution to urge the United States Congress to enact legislation for the purpose of enhancing hunting, fishing, recrea­ tional shooting, and other outdoor recreational opportunities, as well as strengthen conservation efforts nationwide. Whereas, To this day, conservation is funded primarily by sportsmen and women. This American System of Conservation Funding is a user pays-public benefits approach that includes excise taxes on hunting, fishing, and boating equipment. This strategy is widely recognized as the most successful model of fish and wildlife management funding in the world; and Whereas, Through the pursuit of their outdoor passions, sportsmen and women support hundreds of thousands of jobs and contribute billions to our economy annually through salaries, wages, and product purchases; and Whereas, The United States Congress has worked on several pieces of legislation over the years to boost a number of key conservation priorities that are supported by millions in the outdoor recreational community; and Whereas, Currently pending legislation in both the U.S. House and Senate would create or renew several important pro­ grams that are vital to the continued conservation of our natural resources, the health of America’s local economies, and the enhancement and protection of our time-honored outdoor pastimes. Known as the Sportsmen’s Heritage and Recreational Enhancement (SHARE) Act (H.R. 2406) and the Bipartisan Sportsmen’s Act (S. 405), these bills contain a broad array of bipartisan measures, including the Recreational Fishing and Hunting Opportunities Act; the Hunting, Fishing, and Recrea­ tional Shooting Protection Act; the Target Practice and Marksmanship Training Support Act; and the Recreational Lands Self-Defense Act; and Whereas, A complementary piece of pro-sportsmen legislation also exists in the U.S. House, called the Sportsmen’s Con­servation and Outdoor Recreation Enhancement (SCORE) Act (H.R. 3173). It shares several similar titles with the SHARE Act and Bipartisan Sportsmen’s Act. Provisions in the SCORE Act include: the National Fish Habitat Initiative Sense of Congress, the Federal Lands Transaction Facilitation Act reauthorization, the North American Wetlands Conservation Act reauthorization, the National Fish and Wildlife Foundation reauthorization, the Neotropical Migratory Bird Conserva­ tion Act reauthorization, the Partners for Fish and Wildlife Program Act reauthorization, and the Making Public Lands Public authorization; and No. 97] [October 27, 2015] JOURNAL OF THE SENATE 1723 Whereas, By renewing or creating these programs, these bills will enhance opportunities for hunters, anglers, recreational shooters, and other outdoor recreation enthusiasts, improve access to public lands, and help boost the outdoor recreation economy. Conserving our fish and wildlife resources and their habitats and ensuring that future generations have access to public lands and continued recreational opportunities are of great importance and are bipartisan issues; now, therefore, be it Resolved by the Senate, That we urge the United States Congress to enact legislation for the purpose of enhancing hunting, fishing, recreational shooting, and other outdoor recreational opportunities, as well as strengthen conservation efforts nation­ wide; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Casperson and Rocca were named co‑sponsors of the resolution. Introduction and Referral of Bills Senator Kowall moved that rule 3.203 be suspended and that the following bills be referred to the Committee of the Whole and placed on the order of General Orders: House Bill No. 4370 House Bill No. 4736 House Bill No. 4737 House Bill No. 4738 The motion prevailed, a majority of the members serving voting therefor. House Bill No. 4370, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 51, 520, and 522 (MCL 206.51, 206.520, and 206.522), section 51 as amended by 2012 PA 223, section 520 as amended by 2011 PA 273, and section 522 as amended by 2013 PA 206. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee of the Whole. House Bill No. 4736, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2015 PA 78. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee of the Whole. House Bill No. 4737, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money 1724 JOURNAL OF THE SENATE [October 27, 2015] [No. 97 raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 10, 11, 12, 13, and 14 (MCL 247.660, 247.661, 247.662, 247.663, and 247.664), section 10 as amended by 2007 PA 210, section 11 as amended by 2002 PA 639, sections 12 and 13 as amended by 2012 PA 298, and section 14 as amended by 1987 PA 234. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee of the Whole. House Bill No. 4738, entitled A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending sections 2, 3, 8, 22, 40, 45, 53, 63, 122, 151, 152, 153, 154, and 155 (MCL 207.1002, 207.1003, 207.1008, 207.1022, 207.1040, 207.1045, 207.1053, 207.1063, 207.1122, 207.1151, 207.1152, 207.1153, 207.1154, and 207.1155), sections 2 and 122 as amended by 2002 PA 668, section 3 as amended by 2006 PA 277, and section 8 as amended by 2006 PA 268; and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee of the Whole. Senator Robertson introduced Senate Bill No. 579, entitled A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2 and 4 (MCL 125.2652 and 125.2654), section 2 as amended by 2013 PA 67 and section 4 as amended by 2012 PA 502. The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment. Senator Green introduced Senate Bill No. 580, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2015 PA 4. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Jones, Marleau and Horn introduced Senate Bill No. 581, entitled A bill to amend 1994 PA 295, entitled “Sex offenders registration act,” by amending sections 5, 5a, 5b, 7, 8, 33, and 34 (MCL 28.725, 28.725a, 28.725b, 28.727, 28.728, 28.733, and 28.734), sections 5 and 5b as amended by 2011 PA 17, section 5a as amended by 2013 PA 149, section 7 as amended by 2011 PA 18, section 8 as amended by 2013 PA 2, section 33 as added by 2005 PA 127, and section 34 as amended by 2005 PA 322. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Brandenburg introduced Senate Bill No. 582, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 87b and 87c (MCL 211.87b and 211.87c), section 87b as amended by 2014 PA 126 and section 87c as amended by 2012 PA 431, and by adding section 87f. The bill was read a first and second time by title and referred to the Committee on Finance. Senator Brandenburg introduced Senate Bill No. 583, entitled A bill to amend 1933 PA 94, entitled “The revenue bond act of 1933,” by amending the title and section 3 (MCL 141.103), the title as amended by 1998 PA 196 and section 3 as amended by 2002 PA 465, and by adding sections 7b, 21a, 22a, and 24a. The bill was read a first and second time by title and referred to the Committee on Finance. No. 97] [October 27, 2015] JOURNAL OF THE SENATE 1725 Senators MacGregor, Horn, Hertel and Knollenberg introduced Senate Bill No. 584, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 545a. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Knollenberg, Horn, MacGregor and Hertel introduced Senate Bill No. 585, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 537 (MCL 436.1537), as amended by 2013 PA 101. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Horn, MacGregor, Knollenberg and Hertel introduced Senate Bill No. 586, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 107 (MCL 436.1107), as amended by 2001 PA 223. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Hertel, Horn, MacGregor and Knollenberg introduced Senate Bill No. 587, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 525 (MCL 436.1525), as amended by 2014 PA 353. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Casperson, Schmidt and Stamas introduced Senate Bill No. 588, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43516 (MCL 324.43516), as amended by 2013 PA 108. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. Senator Casperson introduced Senate Bill No. 589, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16105a, 16167, 16169, 16170, 16170a, and 20910 (MCL 333.16105a, 333.16167, 333.16169, 333.16170, 333.16170a, and 333.20910), sections 16105a, 16167, and 16170 as added by 1993 PA 80, sections 16169 and 16170a as amended by 2013 PA 268, and section 20910 as amended by 2006 PA 582. The bill was read a first and second time by title and referred to the Committee on Health Policy. House Bill No. 4480, entitled A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending section 3 (MCL 722.23), as amended by 1993 PA 259. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4742, entitled A bill to make uniform the laws relating to support enforcement; and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. House Bill No. 4743, entitled A bill to amend 1971 PA 174, entitled “Office of child support act,” by amending section 3 (MCL 400.233), as amended by 2014 PA 381. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. 1726 JOURNAL OF THE SENATE [October 27, 2015] [No. 97 House Bill No. 4744, entitled A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 2 (MCL 552.602), as amended by 2014 PA 373. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. House Bill No. 4745, entitled A bill to amend 1982 PA 294, entitled “Friend of the court act,” by amending section 2 (MCL 552.502), as amended by 2009 PA 233. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Statements Senator Hood asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Hood’s statement is as follows: I rise today with a sad heart to recognize two individuals. The first being Sir Michael Berry. Sir Michael Berry was a constituent of mine who was a very good and dear friend. He passed at the age of 95, and he was one of the first people of Lebanese and Muslim descent to be a lawyer here in the state of Michigan. He grew up in Highland Park and graduated from Fordson High School in Dearborn. If you remember, the Berry Building at the Wayne County Metro Airport was named after him. He served many years on the Wayne County Road Commission and did a lot of great things. He was a personal and good friend of mine. He was a true and great friend. When I began to represent the city of Dearborn, he took me up under his wing and taught me a lot about how things were done in the community. I wanted to stand here today and tell him thank you and for everyone to think about his family in our prayers. Secondly, yesterday about 7:30 a.m. in the city of Waterford, there was a young man by the name of Ryan Whiston, who was the son of our new state school superintendent Brian Whiston, killed in an automobile accident. Ryan was 32 years old. I know a lot of you probably know Brian from his days of being a lobbyist here, and he loved being a lobbyist here. He went down to Dearborn to become superintendent of Dearborn, and then he came back a couple of months ago to be state superintendent. My heart is heavy for Brian right now in losing one of his children. As we debate all the things we debate here today, let’s just be mindful of what’s really important because we don’t know what tomorrow is going to bring, and we don’t know when our loved ones leave the house whether they are going to return or not. I know Brian and his wife are feeling that right now. Just be cognizant of the things that are going on in our lives. Love our loved ones and love each other. When you go home tonight, please keep the Berry family and the Whiston family in your prayers, and watch over them because none of us want to be in that position. You can’t imagine what the family is going through and don’t ever want to imagine it. None of us want to imagine it. Keep these families in our hearts as we leave here today. We have had a lot of things going on here today, but let’s remember what life is really all about. It’s about us taking care of people, and that’s what each and every one of us is here to do. Even though we might not see eye to eye on whatever the issue may be, I know in our hearts our goal is to take care of the citizens of the state of Michigan. Let’s keep that in mind as we drive home to see our loved ones. Please go home and hug your loved ones, and tell them you love them. Once again, please keep the Berry family and the Whiston family in our thoughts and prayers. A moment of silence was observed in memory of Ryan Whiston, the son of the state school superintendent, and Dearborn lawyer Michael Berry. Committee Reports The Committee on Elections and Government Reform reported House Bill No. 4904, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 641 and 646a (MCL 168.641 and 168.646a), section 641 as amended by 2015 PA 101 and section 646a as amended by 2013 PA 253. No. 97] [October 27, 2015] JOURNAL OF THE SENATE 1727 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. David B. Robertson Chairperson To Report Out: Yeas: Senators Robertson, Colbeck, Emmons, Shirkey and Hood Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Elections and Government Reform submitted the following: T Meeting held on Thursday, October 22, 2015, at 9:00 a.m., Room 210, Farnum Building Present: Senators Robertson (C), Colbeck, Emmons, Shirkey and Hood The Committee on Families, Seniors and Human Services reported Senate Bill No. 517, entitled A bill to make uniform the laws relating to support enforcement; and to repeal acts and parts of acts. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones and Casperson Nays: None The bill was referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported Senate Bill No. 518, entitled A bill to amend 1982 PA 294, entitled “Friend of the court act,” by amending section 2 (MCL 552.502), as amended by 2009 PA 233. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones and Casperson Nays: None The bill was referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported Senate Bill No. 519, entitled A bill to amend 1971 PA 174, entitled “Office of child support act,” by amending section 3 (MCL 400.233), as amended by 2014 PA 381. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones and Casperson Nays: None The bill was referred to the Committee of the Whole. 1728 JOURNAL OF THE SENATE [October 27, 2015] [No. 97 The Committee on Families, Seniors and Human Services reported Senate Bill No. 520, entitled A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 2 (MCL 552.602), as amended by 2014 PA 373. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Families, Seniors and Human Services submitted the following: T Meeting held on Wednesday, October 21, 2015, at 3:00 p.m., Room 210, Farnum Building Present: Senators Emmons (C), Pavlov, Jones, Casperson and Johnson The Committee on Economic Development and International Investment reported Senate Bill No. 556, entitled A bill to amend 2005 PA 210, entitled “Commercial rehabilitation act,” by repealing section 16 (MCL 207.856). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Kenneth B. Horn Chairperson To Report Out: Yeas: Senators Horn, Schmidt, Stamas, Emmons and Bieda Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Economic Development and International Investment submitted the following: T Meeting held on Thursday, October 22, 2015, at 1:30 p.m., Room 210, Farnum Building Present: Senators Horn (C), Schmidt, Stamas, Emmons and Bieda Excused: Senators Brandenburg and Warren Scheduled Meetings Appropriations Subcommittee Corrections and House Corrections Appropriations Subcommittee - Thursdays, November 5 (CANCELED) and November 12, 8:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Commerce - Wednesday, October 28, 8:30 a.m., Room 210, Farnum Building (373-5312) Commerce, Economic Development and International Investment, and Transportation - Monday, November 2, 10:15 a.m., Lake Superior State University, Cisler Center, Superior Room, 650 West Easterday Avenue, Sault Ste. Marie (373-5312) Criminal Justice Policy Commission - Wednesday, November 4, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) No. 97] [October 27, 2015] JOURNAL OF THE SENATE 1729 Economic Development and International Investment, Transportation, and Commerce - Monday, November 2, 10:15 a.m., Lake Superior State University, Cisler Center, Superior Room, 650 West Easterday Avenue, Sault Ste. Marie (373-5312) Elections and Government Reform - Wednesday, October 28, 2:00 p.m., Room 110, Farnum Building (373-1721) Families, Seniors and Human Services - Wednesday, October 28, 3:00 p.m., Room 210, Farnum Building (373-5323) Insurance - Wednesday, October 28, 2:00 p.m., Room 100, Farnum Building (373-5312) Transportation - Thursday, October 29, 8:30 a.m., Room 210, Farnum Building (373-5312) Transportation, Commerce, and Economic Development and International Investment - Monday, November 2, 10:15 a.m., Lake Superior State University, Cisler Center, Superior Room, 650 West Easterday Avenue, Sault Ste. Marie (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 3:59 p.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Wednesday, October 28, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1730 No. 98 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, October 28, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—excused Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1732 JOURNAL OF THE SENATE [October 28, 2015] [No. 98 astor Paul Weissenborn of Crossroads Community Church of Evart offered the following invocation: P Father God, we come before You this day with grateful and expectant hearts. We acknowledge all You have provided by Your great grace, as we consider the beautiful state in which we live and the wonderful opportunities that have existed throughout our history. Father, at this time, we ask that You grant Your grace and mercy on the men and women of the Senate. You have gifted them with skills, abilities, and passionate hearts with which they desire to serve for the advancement of this state and its people. We acknowledge there are many and complex needs to work through that impact lives, families, communities, and businesses. Father, I pray for each person here a sense of Your wisdom and Your peace as they yield to Your leading that even though there may be differences of opinion with regard to complex and far-reaching matters, that You grant the ability to work through issues with a spirit of humility, unity, and dependence on You. Father, I pray for those in our state who are struggling, people who are doing whatever they can to carve out meaning and well-being for themselves and their families. May the decisions made here give them encouragement that their spirits would be lifted up by the actions that are taken here, and may there truly be a sense that all lives really matter, reflecting Your incredible investment in each one. You have called each man and woman here today. Grant to each a sense of affirmation that they are in the center of Your will as they advance the passion of their hearts, which I know really care deeply for the people of the state of Michigan. Thank You for each one and for their blessing, I pray. Ephesians 3:20-21: “Now to Him who is able to do far more abundantly beyond all that we ask or think, according to the power that works within us, to Him be the glory in the church and in Christ Jesus to all generations forever and ever. Amen.” The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Brandenburg entered the Senate Chamber. enator Kowall moved that Senator Green be excused from today’s session. S The motion prevailed. enator Hood moved that Senators Young, Johnson and Gregory be temporarily excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Stamas and Lieutenant Gov­er­nor Calley admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:06 a.m. 11:05 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Lieutenant Governor Calley and Senator Ananich introduced the Special Olympics World Games athletes, Champion Powerlifter and Volleyball Team, Project Unity Unified Cheer Team, and Coach Sheila Gafney; and presented them with a Special Tribute. Coach Gafney responded briefly. During the recess, Senators Gregory, Johnson and Young entered the Senate Chamber. No. 98] [October 28, 2015] JOURNAL OF THE SENATE The following communication was received and read: Office of the Senate Majority Leader I would like Senate Bill 579 re-referred to the Senate Committee on Finance. If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communication was referred to the Secretary for record. 1733 October 28, 2015 The Secretary announced that the following House bill was received in the Senate and filed on Tuesday, October 27: House Bill No.  4653 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator MacGregor as Chairperson. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4365, entitled A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 419 (MCL 208.1419). Senate Bill No. 540, entitled A bill to amend 1993 PA 331, entitled “State education tax act,” by amending section 5 (MCL 211.905), as amended by 2004 PA 443. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4195, entitled A bill to amend 2003 PA 296, entitled “Michigan early stage venture investment act of 2003,” by amending sections 7, 9, 11, 15, 17, 19, 21, 23, and 27 (MCL 125.2237, 125.2239, 125.2241, 125.2245, 125.2247, 125.2249, 125.2251, 125.2253, and 125.2257), section 15 as amended by 2005 PA 102 and sections 17, 19, and 23 as amended by 2007 PA 173. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4196, entitled A bill to amend 2003 PA 296, entitled “Michigan early stage venture investment act of 2003,” by amending section 31 (MCL 125.2261). Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 539, entitled A bill to amend 2008 PA 549, entitled “Michigan promise zone authority act,” by amending the title and sections 5, 7, 9, 11, 17, and 19 (MCL 390.1665, 390.1667, 390.1669, 390.1671, 390.1677, and 390.1679), sections 5, 7, 11, and 17 as amended by 2013 PA 210, and by adding sections 4 and 4a; and to repeal acts and parts of acts. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. 1734 JOURNAL OF THE SENATE [October 28, 2015] [No. 98 By unanimous consent the Senate returned to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 4362 Senate Bill No. 538 Senate Bill No. 543 Senate Bill No. 544 House Bill No. 4134 The motion prevailed. The following bill was read a third time: House Bill No. 4362, entitled A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 611 (MCL 418.611), as amended by 1993 PA 198. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 463 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Green Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise and consolidate the laws relating to worker’s disability compensation; to increase the administrative efficiency of the adjudicative processes of the worker’s compensation system; to improve the qualifications of the persons having adjudicative functions within the worker’s compensation system; to prescribe certain powers and duties; to create the board of worker’s compensation magistrates and the worker’s compensation appellate commission; to create certain other boards; to provide certain procedures for the resolution of claims, including mediation and arbitration; to prescribe certain benefits for persons suffering a personal injury under the act; to prescribe certain limitations on obtaining benefits under the act; to create, and provide for the transfer of, certain funds; to prescribe certain fees; to prescribe certain remedies and penalties; to repeal certain parts of this act on specific dates; and to repeal certain acts and parts of acts,”. The Senate agreed to the full title. No. 98] [October 28, 2015] JOURNAL OF THE SENATE 1735 The following bill was read a third time: Senate Bill No. 538, entitled A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending sections 2, 30, and 31 (MCL 567.222, 567.250, and 567.251), section 2 as amended by 2008 PA 208, section 30 as amended by 2012 PA 292, and section 31 as amended by 2013 PA 148, and by adding sections 4a and 31b. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 464 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Green Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 543, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2013 PA 92. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 465 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey 1736 JOURNAL OF THE SENATE [October 28, 2015] [No. 98 Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Green Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 544, entitled A bill to amend 2008 PA 525, entitled “Fostering futures scholarship trust fund act,” by amending section 9 (MCL 722.1029), as amended by 2014 PA 530. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 466 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Green No. 98] [October 28, 2015] JOURNAL OF THE SENATE 1737 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4134, entitled A bill to amend 1965 PA 290, entitled “Boiler act of 1965,” by amending sections 2, 4, and 13d (MCL 408.752, 408.754, and 408.763d), sections 2 and 13d as amended by 2013 PA 167 and section 4 as amended by 2008 PA 159. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 467 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Green Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to regulate the use, construction, installation, and repair of certain boilers; to create a board of boiler rules; to prescribe uniform rules and regulations for certain boilers; to provide for the licensing of certain boiler inspectors, installers, and repairers and registration of certain boiler operators and stationary engineers; to provide for powers and duties for certain state agencies and officers; to provide fees for registrations, licenses, permits, inspections, and certificates; to provide penalties and remedies for the violation of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. 1738 JOURNAL OF THE SENATE [October 28, 2015] [No. 98 By unanimous consent the Senate returned to the order of Messages from the Governor The following message from the Governor was received on October 27, 2015, and read: EXECUTIVE ORDER No. 2015-13 Creation of the State of Michigan Retirement Board State Employees’ Retirement System Board Judges Retirement Board Military Retirement Provisions Executive Reorganization WHEREAS Article V, Section 1 of the Constitution of the state of Michigan of 1963 vests the executive power in the Governor; and WHEREAS, Article V, Section 2 of the Constitution of the state of Michigan of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units which he considers necessary for efficient administration; and WHEREAS, Article V, Section 8 of the Constitution of the state of Michigan of 1963 provides that each principal department shall be under the supervision of the Governor, unless otherwise provided in the Constitution; and WHEREAS, there is a continued need to increase collaboration, optimize service delivery, and ensure efficient administra­ tion of the state of Michigan’s several retirement systems, in accordance with applicable state and federal laws, rules, and regulations; and WHEREAS, the state of Michigan intends that each of its retirement systems be administered as a qualified pension plan created in trust under section 401 of the Internal Revenue Code, 26 USC 401, that the respective trusts be exempt organizations under Section 501 of the Internal Revenue Code, 26 USC 501, and that they be administered in compliance with the provisions of Section 415 of the Internal Revenue Code, 26 USC 415, and other applicable regulations to fulfill this intent; and WHEREAS, the State Employees’ Retirement System and its board were created under the State Employees’ Retirement Act, 1943 PA 240, as amended, MCL 38.1 to 38.69, and its existence and powers were continued under Sections 251 and 254 of 1965 PA 380, as amended, MCL 16.351 and 16.354, to provide a system of pension and retirement benefits for eligible state employees; and WHEREAS, the Judges Retirement System and its board were established by the Judges Retirement Act of 1992, 1992 PA 234, as amended, MCL 38.2101 to 38.2670, to provide retirement benefits to judges, and also the Governor, Lieutenant Gov­ ernor, Secretary of State, Attorney General, and Legislative Auditor General; and WHEREAS, Chapter 7 of the Michigan Military Act, 1967 PA 150, as amended, MCL 32.801 to 32.851, along with the Military Establishment Act, 1909 PA 84, as amended, MCL 32.35 to 32.49d, provides retirement benefits to eligible military personnel; and WHEREAS, the Department of Technology, Management, and Budget, through its Office of Retirement Services, super­ vises the state of Michigan’s retirement systems and provides budgeting, procurement, and management functions relative to the administration of retirement allowances, pensions, and other retirement benefits payable under the State Employees’ Retirement Act, 1943 PA 240, as amended, MCL 38.1 to 38.69, the Judges Retirement Act, 1992 PA 234, as amended MCL 38.2101 to 38.2670, the Michigan Military Act, 1967 PA 150, as amended, MCL 32.501 to 32.851, and the Military Establishment Act, 1909 PA 84, as amended, MCL 32.35 to 32.49d; and WHEREAS, effective October 1, 2012, the Department of Military and Veterans Affairs transitioned all aspects of management of the Military Retirement Provisions, from initial eligibility and retirement applications to processing pension payments to each retiree and subsequent retirement beneficiaries to the Office of Retirement Services within the Depart­ ment of Technology, Management, and Budget; and WHEREAS, the functions, duties and responsibilities of the State Employees’ Retirement System, the Judges Retirement System, and the Military Retirement Provisions, respectively, can be carried out more effectively by a new State of Michigan Retirement Board, under the supervision of the Department of Technology, Management, and Budget, through its Office of Retirement Services, which has the expertise to ensure that these functions are accomplished in a coordinated, costefficient, and effective manner in accordance with all applicable state and federal regulations; No. 98] [October 28, 2015] JOURNAL OF THE SENATE 1739 NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I. DEFINITIONS As used in this Order: A. “Board” means the State of Michigan Retirement Board created in Section II of this Order. B. “Department” means the principal department of state government created as the Department of Management and Budget by Section 121 of the Management and Budget Act, 1984 PA 431, MCL 18.1121 and renamed as the “Department of Technology, Management, and Budget” pursuant to Executive Order 2009-9, MCL 18.441. C. “Department of Military and Veterans Affairs” means the principal department of state government created as the Department of Military Affairs by Section 125 of 1965 PA 380, MCL 16.225, and renamed the “Department of Military and Veterans Affairs” pursuant to Executive Order 1997-7, MCL 32.91. D. “Health insurance coverage” means the hospitalization and medical insurance, dental coverage, vision coverage, and any other health care insurance provided in Section 20d of the State Employees’ Retirement Act, 1943 PA 240, MCL 38.20d. E. “Military member” means a current or former officer or enlisted person, or an adjutant general or assistant adjutant general, who is eligible to be paid a retirement allowance, pension, or other retirement benefit provided under the Michigan Military Act, 1967 PA 150, as amended, MCL 32.501 to 32.851. F. “Military Retirement Provisions” means the retirement allowance, pension, or other retirement benefits provided under the Michigan Military Act, 1967 PA 150, as amended, MCL 32.501 to 32.851. G. “Retirement Acts” means, collectively, the State Employees’ Retirement Act, 1943 PA 240, as amended, MCL 38.1 to 38.69, the Judges Retirement Act of 1992, 1992 PA 234, as amended, MCL 38.2101 to 38.2670, and the Michigan Military Act, 1967 PA 150, as amended, MCL 32.501 to 32.851 or the Military Establishment Act, 1909 PA 84, as amended, MCL 32.35 to 32.49d, as applicable. H. “Retirement systems” means the State Employees’ Retirement System, created by Section 2 of State Employees’ Retirement Act, 1943 PA 240, MCL 38.2, the Judges Retirement System, created by Section 201 of 1992 PA 234, MCL 38.2201, and the Military Retirement Provisions. I. “Qualified pension plan” means a pension plan created in trust under Section 401 of the Internal Revenue Code, 26 USC 401. J. “State Budget Director” means the individual appointed by the Governor pursuant to Section 321 of the Management and Budget Act, 1984 PA 431, MCL 18.1321. II.  CREATION OF THE STATE OF MICHIGAN RETIREMENT BOARD A. The State of Michigan Retirement Board is created within the Department. B. The Board shall exercise its powers, duties, and functions independently of the Department, in accordance with the Retirement Acts, the Public Employee Retirement System Investment Act, 1965 PA 314, as amended, MCL 38.1122 to 38.1141, and all other applicable state or federal laws, rules, and regulations. The budgeting, procurement, and related management functions of the Board shall be performed under the direction and supervision of the Department. The Board shall be assisted by personnel of the Department under the direction and supervision of the Director of the Department. C. The powers, duties, and functions of the Board are vested in a board of trustees consisting of the following 9 members: • The Attorney General who may designate one of his or her Assistant Attorneys General to serve as a voting member in the absence of the Attorney General. • The State Treasurer who may designate a representative from within the Department to serve as a voting member in the absence of the State Treasurer. • The Legislative Auditor General who may designate his or her Deputy to serve as a voting member in the absence of the Legislative Auditor General. • The State Personnel Director who may designate an authorized representative to serve as a voting member in the absence of the State Personnel Director. • One member or retirant of the State Employees’ Retirement System, who shall be appointed by the Governor. • One member or retirant of the Judges Retirement System, who shall be appointed by the Governor. • One current or former officer or enlisted person in the Michigan Military Establishment who is a member or retirant under the Military Retirement Provisions, who shall be appointed by the Governor. • One retirant member of the State Employees’ Retirement System, who shall be appointed by the Governor. • One member of the general public, who shall be appointed by the Governor. D. The appointed members shall serve for a term of four years, except that of the members first appointed, the Governor shall appoint a state employee member for a term of one year, a member or retirant of the Judges Retirement System for a term of two years, and the member or retirant under the Military Retirement Provisions for a term of three years. E. Any appointed Board member who fails to attend the scheduled meetings of the Board for two consecutive meetings without valid excuse, as determined by the Board chairperson, shall be considered as having resigned from the Board and the Board shall declare his or her office vacated by way of a resolution, and shall notify the Governor of the vacancy. During their designated term of office, appointed members of the Board serve at the pleasure of the Governor and may 1740 JOURNAL OF THE SENATE [October 28, 2015] [No. 98 be removed by the Governor as provided in Article V, Section 10 of the State Constitution of 1963. If for any reason a vacancy occurs in the office of an appointed Board member, the Governor shall appoint a replacement who shall serve for the remainder of the unexpired term. Board members shall serve for the duration of their appointed term and shall continue to hold office after the expiration of their term until a successor is appointed. F. A majority of the members serving on the Board shall constitute a quorum for the transaction of business at a meeting of the Board. G. The Board shall conduct its business at public meetings in compliance with the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275. However, members of the Board may attend and participate in a meeting of the commission by the use of telecommunication or other electronic equipment if their attendance and participation by the use of tele­com­ munication or other electronic equipment is authorized by the bylaws of the Board and that meeting is otherwise conducted in compliance with the Open Meetings Act, 1976 PA 267, MCL 15.261 to 15.275. H. A writing prepared, owned, used, in the possession of, or retained by the Board in the performance of an official function is subject to the Freedom of Information Act, 1976 PA 442, as amended, MCL 15.231 to 15.246. I. The members of the Board shall serve without compensation, but may receive reasonable reimbursement for all actual necessary travel and expenses incurred in the performance of their official duties. J. The Board shall annually elect from its membership a chairperson and a vice-chairperson. A chair or vicechairperson may be reelected to consecutive terms for those positions without limitation, subject to the expiration of their term of service on the Board. The Department, in consultation with the Board, shall designate an executive secretary, and shall also designate any actuarial, medical, clerical, technical, and administrative personnel as may be necessary for the proper operation of the Retirement Systems. K. The Board shall act in the best interests of the active and retirant members of the Retirement Systems and shall act in accordance with all applicable laws, rules, and regulations, including all provisions of the Retirement Acts except as modified by this Order. III.  TRANSFER OF FUNCTIONS A. The administrative statutory powers, duties, functions, and responsibilities concerning retirement allowances, pensions, or other retirement benefits under the Michigan Military Act are transferred to the Board created in Section II of this Order. B. The authority, powers, duties, functions, responsibilities, and rule-making authority of the State Employees’ Retire­ ment System Board are transferred to the Board created in Section II of this Order. The State Employees’ Retirement System Board created by Section 2 of the State Employees’ Retirement Act, 1943 PA 240, MCL 38.2, is abolished. C. The authority, powers, duties, functions, responsibilities, and rule-making authority of the Judges Retirement Board are transferred to the Board created in Section II of this Order. The Judges Retirement Board, created by Section 202 of the Judges Retirement Act of 1992, 1992 PA 234, MCL 38.2202, is abolished. IV. IMPLEMENTATION A. The Director of the Department, in consultation with the State Treasurer, shall provide executive direction and supervision for the implementation of all transfers of functions under this Order and shall make internal organizational changes as necessary to complete the transfers under this Order. B. The Department of Military and Veterans Affairs shall provide the Board and the Department with the records, data, and other information as requested by the Office of Retirement Services to ensure that these functions are accomplished in a coordinated, cost-efficient and effective manner. C. The Board shall administer the Military Retirement Provisions as part of a qualified pension plan created in trust under Section 401 of the Internal Revenue Code, 26 USC 401, in accordance with State Employees’ Retirement Act and all plan documents relating to the governance of the same. D. The Department may establish any fund it deems necessary for the funding and payment of benefits provided to military members under the Michigan Military Act, in accordance with state and federal regulations applicable to qualified governmental plans, including but not limited to the following: 1. A military accumulation fund in which may be accumulated any reserves derived from the money provided for the payment of retirement allowances, pensions, and other retirement benefits payable to military members under the Michigan Military Act and the Military Establishment Act; and 2. A military pension reserve fund from which may be paid all retirement allowances, pensions, and other retirement benefits provided to military members under the Michigan Military Act and the Military Establishment Act. E. Beginning with the state fiscal year 2016-2017, the Department shall determine a separate contribution rate to be contributed by the state for retirement allowances, pensions, and other retirement benefits payable to military members under the Michigan Military Act and the Military Establishment Act. The amount of the unfunded accrued liability on which the separate contribution rate is determined shall be that amount which the state is legally responsible for and is to be calculated by an actuarial analysis. F. Beginning with the state fiscal year 2016-2017, the Department shall determine a separate contribution rate for health insurance coverage for eligible military members using an individual projected benefit entry age normal cost method of valuation. The unfunded actuarial accrued liability shall be equal to the actuarial present value of benefits reduced by the actuarial present value of future normal cost contributions and the actuarial value of assets on the valuation date. Except No. 98] [October 28, 2015] JOURNAL OF THE SENATE 1741 as otherwise provided in the State Employees’ Retirement Act, the unfunded actuarial accrued liability shall be amortized in accordance with generally accepted governmental accounting standards over a period equal to or less than 40 years, with a payment schedule determined by the Department. G. All funding that is currently being held in a “work project” account, or any similar account, for the payment of retire­ ment allowances, pensions, or other retirement benefits provided to military members under the Michigan Military Act, shall be transferred to an appropriate pension trust account, in accordance with applicable state and federal regulations. H. The State Budget Director shall determine and authorize the most efficient manner possible for the handling of financial transactions and records in the state’s financial management system for the remainder of the current state fiscal year for transfers made under this Order. V. MISCELLANEOUS A. All rules, orders, contracts, declaratory rulings, agreements, and other actions relating to the assigned functions lawfully adopted prior to the effective date of the transfers provided herein shall continue to be effective until revised, amended, repealed, or rescinded. B. Nothing in this Order shall be construed to diminish or impair the accrued financial benefits of a member eligible to receive a pension benefit pursuant to the Retirement Acts. C. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order. D. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. E. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order. In fulfillment of the requirements under Section 2 of Article V of the Michigan Constitution of 1963, this Order shall be effective January 1, 2016. Given under my hand and the Great Seal of the state of [SEAL] Michigan this 27th day of October, in the Year of our Lord, Two Thousand Fifteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 Senate Concurrent Resolution No. 6 Senate Concurrent Resolution No. 8 The motion prevailed. enators Bieda, Kowall and Ananich offered the following resolution: S Senate Resolution No. 110. A resolution to recognize November 10, 2015, as the Second Annual Michigan Auto Heritage Day. Whereas, Michigan’s automotive heritage is preserved and promoted by the MotorCities National Heritage Area Partner­ ship, an affiliate of the National Park Service. National Heritage Areas are places where natural, cultural, historic, and scenic resources combine to form a cohesive, nationally-important landscape arising from patterns of humanity; and Whereas, The MotorCities National Heritage Area Partnership is Michigan’s only National Heritage Area, located throughout a region of more than 10,000 miles covering a population of more than 6 million people. The MotorCities National Heritage Area is the largest concentration of auto-related sites, attractions, and events in the world, bringing millions of visitors and dollars into the state’s economy each year; and Whereas, The goals of the MotorCities National Heritage Area Partnership include providing educational outreach to interpret and communicate the auto and labor story; and acknowledging and recognizing appreciation of an industry deeply woven into Michigan’s past, present, and future. In addition, the economic strength of our nation is connected integrally to the vitality of the automobile industry, which employs millions of workers; and 1742 JOURNAL OF THE SENATE [October 28, 2015] [No. 98 Whereas, The industrial and cultural heritage of the automobile industry in Michigan includes the social history and living cultural traditions of many generations; and Whereas, The original legislation that created the MotorCities National Heritage Area in 1998 was championed by Con­ gress­man John Dingell and Senator Carl Levin, two of Michigan’s longest-serving public servants. The MotorCities National Heritage Area has been reauthorized by Congress through 2021, thus supporting continued programs that will preserve and promote auto heritage; and Whereas, For the second year, Michigan legislators will be invited to participate in the Automotive Caucus for members to exchange ideas and influence policy, including auto heritage; now, therefore, be it Resolved by the Senate, That the members of this legislative body recognize November 10, 2015, as the Second Annual Michigan Auto Heritage Day; and be it further Resolved, That a copy of this resolution be transmitted to the MotorCities National Heritage Area Partnership. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Booher, Brandenburg, Emmons, Hansen, Hertel, Hildenbrand, Johnson, Knollenberg, Marleau, Proos, Rocca, Schmidt and Warren were named co‑sponsors of the resolution. enators Knezek and O’Brien offered the following resolution: S Senate Resolution No. 111. A resolution to urge the U.S. Department of Defense to approve the Ambit Foundation request for use of facilities at the Selfridge Air National Guard Base to establish a Veterans Care Transition Center. Whereas, Michigan has one of the largest veteran populations in the nation. Over 650,000 veterans currently reside in the state; and Whereas, After their service is complete, all veterans still need support. Many of them are injured in the line of duty and return home to face challenges with physical and behavioral health issues. Since 2001, the Department of Veterans Affairs has diagnosed more than 200,000 veterans of the Iraq and Afghanistan wars with post-traumatic stress (PTS) or traumatic brain injuries (TBI). Many of these veterans are in need of rehabilitation services. All veterans are entitled to the best care we can give them; and Whereas, The Ambit Foundation plans to establish a Veterans Care Transition Center at Selfridge Air National Guard Base to serve veterans with mild to moderate TBI or PTS as they work to re-establish their capacity to live independently and participate fully in their communities. The transition center will provide housing and arrange for continuing rehabilitative care, education, job skills training, employment readiness services, and family support to veterans and their families. The Selfridge site offers a campus-like setting where services can be provided in a familiar and secure environ­ ment. Additionally, the use of unused family housing on the base will help restore and preserve a part of Michigan’s heritage; and Whereas, The Ambit Foundation program will bring together a powerful team of Michigan organizations who serve Michigan veterans, including the Eisenhower Center, a premier provider specializing in personalized care for veterans suffering from TBI and behavioral health issues; and Zero-Day, a Lansing-based nonprofit that trains veterans in careers and helps assimilate them back into civilization. Additionally, the Michigan Veterans Affairs Agency and its Veteran Community Action Team will connect the program to a broad range of veteran support providers; and Whereas, Locating the Veterans Care Transition Center at Selfridge will allow the state and the U.S. Department of Defense (DoD) to take a novel approach to simultaneously meet two related needs: help veterans recover and resume an active, independent role in their Michigan communities, and restore and put to productive use existing Michigan DoD facilities at no cost to Michigan or the DoD; now, therefore, be it Resolved by the Senate, That we urge the U.S. Department of Defense to approve the Ambit Foundation request for use of facilities at the Selfridge Air National Guard Base to establish a Veterans Care Transition Center; and be it further Resolved, That copies of this resolution be transmitted to the lease office, Selfridge Air National Guard Base; the Secretary of the Department of Defense; the Secretary of the Department of Veterans Affairs; the Michigan Veterans Affairs Agency; and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Veterans, Military Affairs and Homeland Security. The motion prevailed. Senators Ananich, Bieda, Booher, Brandenburg, Colbeck, Emmons, Hansen, Hertel, Johnson, Knollenberg, Marleau, Proos, Rocca and Schmidt were named co‑sponsors of the resolution. No. 98] [October 28, 2015] JOURNAL OF THE SENATE 1743 Introduction and Referral of Bills Senators Marleau, Hildenbrand, Knollenberg, Jones, Emmons, Hune, Smith, Robertson, Booher, Horn, MacGregor, Kowall, Green and Warren introduced Senate Bill No. 590, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 29. The bill was read a first and second time by title and referred to the Committee on Health Policy. House Bill No. 4653, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 307 (MCL 257.307), as amended by 2015 PA 11. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Transportation. Committee Reports The Committee on Local Government reported Senate Bill No. 350, entitled A bill to amend 1974 PA 57, entitled “An act relating to the sport of racing and carrier pigeons; authorizing the flying of such pigeons; and providing for regulation thereof by cities, villages, townships, and counties,” by amending section 2 (MCL 433.352). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Proos and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Local Government reported House Bill No. 4039, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 78f and 78i (MCL 211.78f and 211.78i), section 78f as amended by 2003 PA 263 and section 78i as amended by 2006 PA 611, and by adding sec­ tion 78s. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Proos and Young Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, October 27, 2015, at 12:30 p.m., Room 100, Farnum Building Present: Senators Zorn (C), Proos, Rocca and Young Excused: Senator Brandenburg 1744 JOURNAL OF THE SENATE [October 28, 2015] [No. 98 The Committee on Judiciary reported Senate Bill No. 471, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8123 and 8134 (MCL 600.8123 and 600.8134), section 8123 as amended by 2014 PA 58 and section 8134 as amended by 2014 PA 60. With the recommendation that the substitute (S-3) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, October 27, 2015, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda COMMITTEE ATTENDANCE REPORT he Committee on Commerce submitted the following: T Meeting held on Wednesday, October 28, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Schmidt (C), Kowall, MacGregor and Hertel Excused: Senator Nofs Scheduled Meetings Appropriations Subcommittee Corrections and House Corrections Appropriations Subcommittee - Thursdays, November 5 (CANCELED) and November 12, 8:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Commerce, Economic Development and International Investment, and Transportation - Monday, November 2, 10:15 a.m., Lake Superior State University, Cisler Center, Superior Room, 650 West Easterday Avenue, Sault Ste. Marie (373-5312) Criminal Justice Policy Commission - Wednesday, November 4, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Economic Development and International Investment, Transportation, and Commerce - Monday, November 2, 10:15 a.m., Lake Superior State University, Cisler Center, Superior Room, 650 West Easterday Avenue, Sault Ste. Marie (373-5312) Transportation - Thursday, October 29, 8:30 a.m., Room 210, Farnum Building (373-5312) Transportation, Commerce, and Economic Development and International Investment - Monday, November 2, 10:15 a.m., Lake Superior State University, Cisler Center, Superior Room, 650 West Easterday Avenue, Sault Ste. Marie (373-5312) Veterans, Military Affairs and Homeland Security - Thursday, October 29, 2:00 p.m., Room 110, Farnum Building (373-5314) No. 98] [October 28, 2015] JOURNAL OF THE SENATE 1745 enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:24 a.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Thursday, October 29, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1746 No. 99 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, October 29, 2015. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—excused Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—excused Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1748 JOURNAL OF THE SENATE [October 29, 2015] [No. 99 Pastor Scott Sessler of Emmanuel Lutheran Church of Livonia offered the following invocation: Good and gracious God, we thank You for this beautiful day. We give You thanks for the wonderful model You gave to us in being a shepherd in Jesus. As He was willing to move beyond Himself to bring help, healing, and peace, so use us in our communities and in this state. May all that we do and say bring glory to You and bring love and grace to Your people. In Jesus’ name, we pray. Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senators Casperson and Knollenberg be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senators Green and Robertson be excused from today’s session. S The motion prevailed. Senator Knollenberg entered the Senate Chamber. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that rule 3.902 be suspended to allow the guest of Senator Colbeck admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, October 28: House Bill Nos. 4022 4321 4727 4767 4768 4769 4864 The Secretary announced that the following bills were printed and filed on Wednesday, October 28, and are available at the Michigan Legislature website: Senate Bill Nos. 579 580 581 582 583 584 585 586 587 588 589 House Bill Nos. 5017 5018 5019 5020 5021 5022 5023 5024 5025 5026 5027 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Schmidt as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 503, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 3, 7, 13, 15, and 25 of chapter XIIB (MCL 712B.3, 712B.7, 712B.13, 712B.15, and 712B.25), as added by 2012 PA 565. Senate Bill No. 529, entitled A bill to amend 2008 PA 260, entitled “Guardianship assistance act,” by amending sections 2, 3, 4, 5a, 5b, 6, 7, 8, and 9 (MCL 722.872, 722.873, 722.874, 722.875a, 722.875b, 722.876, 722.877, 722.878, and 722.879), sections 2, 3, 4, and 9 as amended and sections 5a and 5b as added by 2009 PA 15 and section 6 as amended by 2011 PA 229, and by adding section 5c. The bills were placed on the order of Third Reading of Bills. No. 99] [October 29, 2015] JOURNAL OF THE SENATE 1749 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 530, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 13a of chapter XIIA (MCL 712A.13a), as amended by 2012 PA 163. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senators Casperson and Young entered the Senate Chamber. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 244, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40119 (MCL 324.40119), as amended by 2013 PA 175. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 245, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40118 (MCL 324.40118), as amended by 2012 PA 520. The House of Representatives has substituted (H-3) the bill. The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 468 Yeas—35 Ananich Hildenbrand Kowall Schmidt Bieda Hood MacGregor Schuitmaker Booher Hopgood Marleau Shirkey Brandenburg Horn Meekhof Smith Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Hertel Knollenberg Rocca Nays—1 Casperson Excused—2 Green Robertson 1750 JOURNAL OF THE SENATE [October 29, 2015] [No. 99 Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 246, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13e of chapter XVII (MCL 777.13e), as amended by 2014 PA 538. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. House Bill No. 4239, entitled A bill to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appro­ priations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 40111 (MCL 324.40111), as amended by 2015 PA 24. The House of Representatives has amended the Senate substitute (S-2) as follows: 1. Amend page 3, following line 27, by inserting: “Enacting section 1. This amendatory act takes effect January 1, 2016.”. The House of Representatives has concurred in the Senate substitute (S-2) as amended and agreed to the title as amended. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the House amendment made to the Senate substitute, The amendment was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 469 Yeas—36 Ananich Hertel Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Marleau Shirkey Casperson Horn Meekhof Smith Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Nays—0 No. 99] [October 29, 2015] JOURNAL OF THE SENATE 1751 Excused—2 Green Robertson Not Voting—0 In The Chair: Schuitmaker By unanimous consent the Senate proceeded to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 4195 House Bill No. 4196 House Bill No. 4365 Senate Bill No. 539 Senate Bill No. 540 The motion prevailed. The following bill was read a third time: House Bill No. 4195, entitled A bill to amend 2003 PA 296, entitled “Michigan early stage venture investment act of 2003,” by amending sections 7, 9, 11, 15, 17, 19, 21, 23, and 27 (MCL 125.2237, 125.2239, 125.2241, 125.2245, 125.2247, 125.2249, 125.2251, 125.2253, and 125.2257), section 15 as amended by 2005 PA 102 and sections 17, 19, and 23 as amended by 2007 PA 173. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 470 Yeas—36 Ananich Hertel Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Marleau Shirkey Casperson Horn Meekhof Smith Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Nays—0 Excused—2 Green In The Chair: Schuitmaker Robertson Not Voting—0 1752 JOURNAL OF THE SENATE [October 29, 2015] [No. 99 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to promote investment in certain businesses; to promote economic development in this state; to provide for a Michigan early stage venture investment corporation; to prescribe the powers and duties of a Michigan early stage venture investment corporation; to prescribe the powers and duties of certain public officers and departments; to establish the Michigan early stage venture investment fund and other funds; to provide for tax credits and incentives; to authorize certain investments; to provide for the expiration of the fund; to provide or allow for appropriations; and to provide penalties and remedies,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4196, entitled A bill to amend 2003 PA 296, entitled “Michigan early stage venture investment act of 2003,” by amending section 31 (MCL 125.2261). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 471 Yeas—36 Ananich Hertel Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Marleau Shirkey Casperson Horn Meekhof Smith Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Nays—0 Excused—2 Green Robertson Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to promote investment in certain businesses; to promote economic development in this state; to provide for a Michigan early stage venture investment corporation; to prescribe the powers and duties of a Michigan early stage venture investment corporation; to prescribe the powers and duties of certain public officers and departments; to establish the Michigan early stage venture investment fund and other funds; to provide for tax credits and incentives; to authorize certain investments; to provide for the expiration of the fund; to provide or allow for appropriations; and to provide penalties and remedies,”. The Senate agreed to the full title. No. 99] [October 29, 2015] JOURNAL OF THE SENATE 1753 The following bill was read a third time: House Bill No. 4365, entitled A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 419 (MCL 208.1419). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 472 Yeas—36 Ananich Hertel Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Marleau Shirkey Casperson Horn Meekhof Smith Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Nays—0 Excused—2 Green Robertson Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 539, entitled A bill to amend 2008 PA 549, entitled “Michigan promise zone authority act,” by amending the title and sections 5, 7, 9, 11, 17, and 19 (MCL 390.1665, 390.1667, 390.1669, 390.1671, 390.1677, and 390.1679), sections 5, 7, 11, and 17 as amended by 2013 PA 210, and by adding sections 4 and 4a; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 473 Ananich Bieda Yeas—36 Hertel Knollenberg Rocca Hildenbrand Kowall Schmidt 1754 JOURNAL OF THE SENATE [October 29, 2015] Booher Hood Brandenburg Hopgood Casperson Horn Colbeck Hune Emmons Johnson Gregory Jones Hansen Knezek [No. 99 MacGregor Schuitmaker Marleau Shirkey Meekhof Smith Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—2 Green Robertson Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 540, entitled A bill to amend 1993 PA 331, entitled “State education tax act,” by amending section 5 (MCL 211.905), as amended by 2004 PA 443. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 474 Yeas—36 Ananich Hertel Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Marleau Shirkey Casperson Horn Meekhof Smith Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Nays—0 Excused—2 Green Robertson No. 99] [October 29, 2015] JOURNAL OF THE SENATE 1755 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. enate Concurrent Resolution No. 6. S A concurrent resolution to memorialize the Congress of the United States to appropriate funds from the Nuclear Waste Fund for the establishment of a permanent repository for high-level nuclear waste or reimburse electric utility customers who paid into the fund. The question being on the adoption of the concurrent resolution, The concurrent resolution was adopted. enate Concurrent Resolution No. 8. S A concurrent resolution to urge the U.S. Department of Energy and the U.S. Nuclear Regulatory Commission to fulfill their obligation to establish a permanent repository for high-level nuclear waste. The question being on the adoption of the concurrent resolution, The concurrent resolution was adopted. Introduction and Referral of Bills Senator Casperson introduced Senate Bill No. 591, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 63201 (MCL 324.63201), as added by 2004 PA 449, and by adding part 634. The bill was read a first and second time by title and referred to the Committee on Natural Resources. House Bill No. 4022, entitled A bill to provide for certain powers and duties for foster care caseworkers; to require monitoring of credit-related activity in foster children’s names; and to provide for the powers and duties for certain courts, state departments, and agencies. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. House Bill No. 4321, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 25c. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4727, entitled A bill to amend 1959 PA 259, entitled “Tall structure act,” by amending sections 1, 2a, 2d, 6, and 7 (MCL 259.481, 259.482a, 259.482d, 259.486, and 259.487), sections 1, 6, and 7 as amended and sections 2a and 2d as added by 1986 PA 296, and by adding section 2f. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Transportation. 1756 JOURNAL OF THE SENATE [October 29, 2015] [No. 99 House Bill No. 4767, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7340c (MCL 333.7340c), as added by 2014 PA 217. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4768, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2014 PA 218. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4769, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7410 (MCL 333.7410), as amended by 2006 PA 552. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4864, entitled A bill to amend 2014 PA 276, entitled “Methamphetamine abuse reporting act,” by amending section 4 (MCL 28.124). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. Committee Reports The Committee on Elections and Government Reform reported Senate Bill No. 571, entitled A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 3, 6, and 55 (MCL 169.203, 169.206, and 169.255), section 3 as amended by 2012 PA 273 and sections 6 and 55 as amended by 2013 PA 252. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David B. Robertson Chairperson To Report Out: Yeas: Senators Robertson, Colbeck, Emmons, Shirkey and Hood Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Elections and Government Reform submitted the following: T Meeting held on Wednesday, October 28, 2015, at 2:00 p.m., Room 110, Farnum Building Present: Senators Robertson (C), Colbeck, Emmons, Shirkey and Hood The Committee on Insurance reported Senate Bill No. 177, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1301, 1311, 1312, 1315, 1325, 1333, 1341, 1343, 1351, 1355, and 1371 (MCL 500.1301, 500.1311, 500.1312, 500.1315, 500.1325, 500.1333, 500.1341, 500.1343, 500.1351, 500.1355, and 500.1371), sections 1301, 1312, 1315, 1351, and 1371 as amended by 1992 PA 182, section 1311 as amended by 2010 PA 61, section 1325 as amended by 1994 PA 227, section 1341 as amended by 1994 PA 443, and section 1343 as amended by 1995 PA 219, and by adding sections 1325a and 1357. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson No. 99] [October 29, 2015] JOURNAL OF THE SENATE 1757 To Report Out: Yeas: Senators Hune, Schmidt, O’Brien, Horn, Jones, Bieda, Johnson and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Insurance reported Senate Bill No. 178, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2108 and 2406 (MCL 500.2108 and 500.2406), section 2406 as amended by 1993 PA 200, and by adding chapter 17. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Schmidt, O’Brien, Horn, Jones, Bieda, Johnson and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Insurance reported House Bill No. 4836, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1204f (MCL 500.1204f), as added by 2006 PA 442, and by adding section 3908 and chapter 39A. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Schmidt, O’Brien, Horn, Jones, Bieda, Johnson and Young Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Insurance submitted the following: T Meeting held on Wednesday, October 28, 2015, at 2:00 p.m., Room 100, Farnum Building Present: Senators Hune (C), Schmidt, O’Brien, Horn, Jones, Bieda, Johnson and Young Excused: Senator Brandenburg COMMITTEE ATTENDANCE REPORT he Committee on Families, Seniors and Human Services submitted the following: T Meeting held on Wednesday, October 28, 2015, at 3:00 p.m., Room 210, Farnum Building Present: Senators Emmons (C), Jones, Casperson and Johnson Excused: Senator Pavlov Scheduled Meetings Appropriations Subcommittee Corrections and House Corrections Appropriations Subcommittee - Thursdays, November 5 (CANCELED) and November 12, 8:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) 1758 JOURNAL OF THE SENATE [October 29, 2015] [No. 99 Commerce, Economic Development and International Investment, and Transportation - Monday, November 2, 10:15 a.m., Lake Superior State University, Cisler Center, Superior Room, 650 West Easterday Avenue, Sault Ste. Marie (373-5312) Criminal Justice Policy Commission - Wednesday, November 4, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Economic Development and International Investment, Transportation, and Commerce - Monday, November 2, 10:15 a.m., Lake Superior State University, Cisler Center, Superior Room, 650 West Easterday Avenue, Sault Ste. Marie (373-5312) Transportation, Commerce, and Economic Development and International Investment - Monday, November 2, 10:15 a.m., Lake Superior State University, Cisler Center, Superior Room, 650 West Easterday Avenue, Sault Ste. Marie (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:42 a.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Tuesday, November 3, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 100 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, November 3, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1760 JOURNAL OF THE SENATE [November 3, 2015] [No. 100 astor Ron Ives of Potter’s House Family Worship Center of Mount Pleasant offered the following invocation: P God, today in this assembly, we declare our trust in You; in God we trust. We acknowledge You in this moment and trust that You will give these leaders the wisdom to build this house and the understanding to establish it so that it stands the test of time and its challenges. We trust You for knowledge that will release blessings upon every home, family, and person within our state. God, I ask that You would bless this assembly with wisdom that builds, understanding that establishes, and knowledge that releases riches to every home. Thank you for these men and women, and may Your peace and grace be multiplied to them. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Hopgood entered the Senate Chamber. enator Kowall moved that Senators Booher, Hansen, Meekhof and Nofs be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. Senator Booher entered the Senate Chamber. The following communication was received: Department of State Administrative Rules Notice of Filing October 28, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-041-LR (Secretary of State Filing #15-10-11) on this date at 2:45 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Construction Safety Standards, Part 1. General Rules.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communication was referred to the Secretary for record. The Secretary announced that the following House bill was received in the Senate and filed on Thursday, October 29: House Bill No. 4680 The Secretary announced the enrollment printing and presentation to the Governor on Thursday, October 29, for his approval the following bill: Enrolled Senate Bill No. 152 at 1:18 p.m. The Secretary announced that the following bills were printed and filed on Thursday, October 29, and are available at the Michigan Legislature website: Senate Bill No. 590 House Bill Nos. 5028 5029 5030 5031 5032 5033 5034 The Secretary announced that the following bills were printed and filed on Friday, October 30, and are available at the Michigan Legislature website: Senate Bill No. 591 House Bill Nos. 5035 5036 5037 5038 5039 5040 No. 100] [November 3, 2015] JOURNAL OF THE SENATE 1761 Messages from the Governor The following messages from the Governor were received: Date: October 28, 2015 Time: 8:51 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 360 (Public Act No. 163), being An act to amend 2000 PA 161, entitled “An act to create the Michigan education savings program; to provide for education savings accounts; to prescribe the powers and duties of certain state agencies, boards, and departments; to allow certain tax credits or deductions; and to provide for penalties and remedies,” by amending section 10 (MCL 390.1480), as amended by 2001 PA 215. (Filed with the Secretary of State on October 28, 2015, at 9:36 a.m.) Date: October 28, 2015 Time: 8:54 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 240 (Public Act No. 165), being An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” (MCL 436.1101 to 436.2303) by adding section 914a. (Filed with the Secretary of State on October 28, 2015, at 9:40 a.m.) Respectfully, Brian Calley Acting and Lieutenant Governor The following message from the Governor was received and read: October 27, 2015 I respectfully submit to the Senate the following appointments to office: State of Michigan Retirement Board Matthew Fedorchuk of 4401 Oakwood Drive, Okemos, Michigan 48864, county of Ingham, representing one employee member or retiree of the State Employees’ Retirement System, is appointed for a term commencing January 1, 2016, and expiring December 31, 2016. Diane L. D’Agostini of 4262 Pine Tree Trail, Bloomfield Hills, Michigan 48302, county of Oakland, representing one member or retiree of the Judges’ Retirement System, is appointed for a term commencing January 1, 2016, and expiring December 31, 2017. John Wojcik of 7141 Willow Highway, Grand Ledge, Michigan 48837, county of Eaton, representing one current or former officer or enlisted person in the Michigan Military Establishment who is a member or retiree under the Michigan Military Provisions, is appointed for a term commencing January 1, 2016, and expiring December 31, 2018. Laurie Hill of 7260 Clarksville Road, Portland, Michigan 48875, county of Ionia, representing one retiree member under the State Employees’ Retirement System, is appointed for a term commencing January 1, 2016, and expiring December 31, 2019. Mark T. Boonstra of 6163 140th Avenue, Holland, Michigan 49423, county of Allegan, representing one member of the general public, is appointed for a term commencing January 1, 2016, and expiring December 31, 2019. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. 1762 JOURNAL OF THE SENATE [November 3, 2015] [No. 100 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Hildenbrand as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4458, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 10p (MCL 247.660p), as added by 2010 PA 135. House Bill No. 4562, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 24a. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 33, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1136. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 510, entitled A bill to prohibit the disclosure or use of certain information. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. No. 100] [November 3, 2015] JOURNAL OF THE SENATE 1763 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 556, entitled A bill to amend 2005 PA 210, entitled “Commercial rehabilitation act,” by repealing section 16 (MCL 207.856). Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senator Hansen entered the Senate Chamber. Resolutions Senator Meekhof entered the Senate Chamber. enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. enators Stamas, Booher, Proos, Marleau, Hansen and Knezek offered the following resolution: S Senate Resolution No. 112. A resolution to commemorate November 2015 as No-Shave November in order to raise awareness of men’s health issues. Whereas, It is important to draw attention to men’s health issues as well as cancer prevention, research, education, and continuing care in the state of Michigan; and Whereas, Men have a 1-in-2 chance of developing some form of cancer in their lifetime, with prostate cancer being the most prevalent form; and Whereas, Cancer is the second most common cause of death in the United States, exceeded only by heart disease, and accounts for nearly 1 of every 4 deaths; and Whereas, Discussing health issues—mental or physical—with loved ones and doctors improves life expectancy, promotes early detection of diseases and illnesses, and fosters a healthy lifestyle and general well-being; and Whereas, No-Shave November is a web-based organization devoted to raising cancer awareness by evoking conversation and encouraging participants to forego shaving for the month of November; and Whereas, The goal of No-Shave November is to grow awareness by embracing our hair, which many cancer patients lose, and letting it grow wild and free; and Whereas, No-Shave November began as an Internet campaign in 2009 on Facebook, with few participants, and has since grown into a global movement as thousands of people join the fight against cancer and put down their razors for the month of November; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate the month of November 2015 as No-Shave November in an effort to raise awareness of men’s health issues and to encourage men to openly discuss health issues and schedule regular doctor visits. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Green and Hood were named co‑sponsors of the resolution. Recess enator Kowall moved that the Senate recess until 2:00 p.m. S The motion prevailed, the time being 10:14 a.m. The Senate reconvened at the expiration of the recess and was called to order by the President, Lieutenant Governor Calley. 1764 JOURNAL OF THE SENATE [November 3, 2015] [No. 100 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 2:01 p.m. 2:17 p.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senators Nofs and Young entered the Senate Chamber. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Hildenbrand as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4736, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2015 PA 78. Substitute (S-4). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4738, entitled A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending sections 2, 3, 8, 22, 40, 45, 53, 63, 122, 151, 152, 153, 154, and 155 (MCL 207.1002, 207.1003, 207.1008, 207.1022, 207.1040, 207.1045, 207.1053, 207.1063, 207.1122, 207.1151, 207.1152, 207.1153, 207.1154, and 207.1155), sections 2 and 122 as amended by 2002 PA 668, section 3 as amended by 2006 PA 277, and section 8 as amended by 2006 PA 268; and to repeal acts and parts of acts. Substitute (S-5). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4737, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide No. 100] [November 3, 2015] JOURNAL OF THE SENATE 1765 for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 10, 11, 12, 13, and 14 (MCL 247.660, 247.661, 247.662, 247.663, and 247.664), section 10 as amended by 2007 PA 210, section 11 as amended by 2002 PA 639, sections 12 and 13 as amended by 2012 PA 298, and section 14 as amended by 1987 PA 234. Substitute (S-4). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4370, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 51, 520, and 522 (MCL 206.51, 206.520, and 206.522), section 51 as amended by 2012 PA 223, section 520 as amended by 2011 PA 273, and section 522 as amended by 2013 PA 206. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: House Bill No. 4736 House Bill No. 4738 House Bill No. 4737 House Bill No. 4370 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: House Bill No. 4736, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2015 PA 78. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 475 Booher Casperson Green Hansen Hildenbrand Yeas—20 Horn Marleau Schmidt Jones Meekhof Shirkey Knollenberg Nofs Smith Kowall O’Brien Stamas MacGregor Robertson Zorn Nays—18 Ananich Gregory Johnson Rocca Bieda Hertel Knezek Schuitmaker Brandenburg Hood Pavlov Warren Colbeck Hopgood Proos Young Emmons Hune 1766 JOURNAL OF THE SENATE [November 3, 2015] [No. 100 Excused—0 Not Voting—0 In The Chair: President ursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: P “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title. Senators Smith, Schmidt, Knollenberg and Meekhof asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Smith’s statement is as follows: Colleagues, it is time to fix Michigan’s roads. Our constituents sent us to Lansing to get the job done. It’s time we stopped talking and actually do something about this. I have voted “yes” on every roads plan that has crossed my desk, and I am voting “yes” on this plan today because we can’t afford not to. It’s an embarrassment that the Motor City—the heart and soul of the auto industry that produces the majority of our vehicles—is home to some of the worst roads in the country. Every day that we do nothing, we are threatening the economic security and even the physical safety of Detroiters, Michiganders, and anyone who drives on our roads. I am tired of hearing about Detroit families having to sacrifice their budgets meant for putting food on the table and paying bills to sink money into fixing their cars because they hit another one of the city’s cratering potholes. How many more days are we going to sit here and continue to let that happen? How many more Detroiters are we going to saddle with expensive repairs they don’t need and can’t afford because the Legislature can’t work together to find a way to fix our roads and bridges? Let’s fix these roads so that we can get back to work helping our state’s working families. Today in the Detroit Free Press, there was another article about a giant pothole on I-75 that caused lane closures. It says: “The Michigan State Police notified the Michigan Department of Transportation Monday morning that a huge, 3-foot by 5-foot crater had opened up on the center right northbound lane just north of the Fort Street-Schaefer entrance ramp to the nearly 50-year-old bridge that carries an average of nearly 103,000 vehicles a day. The crater emerged just a month after an even bigger pothole—15 feet by 6 feet—forced emergency repairs to the bridge’s northbound lane over Dearborn Street.” This road will not be fixed until 2017. It is time that we do something about this and fix our roads. enator Schmidt’s statement is as follows: S Fixing Michigan’s roads has been a priority for years, and today we are acting to make sure Michiganders will be able to drive on good, safe roads and bridges for years to come. With this legislation, we are committed to our residents and local government. We have done more than $1 billion of additional funding toward roads in the past four years to make sure that our commitment to road agencies is to provide a long-term road funding plan with assurances that state govern­ ment will live up to its responsibility to build and maintain safe roads and bridges. There is no way around it. I have been working on this for the past six years, and after years of neglect, in order to fix, build, and maintain Michigan’s roads, it will cost more. Each year that we don’t take action, our roads become worse, and the problems become more and more expensive. It is only fair that we who use and enjoy Michigan roadways should have some say in their upkeep. At the same time, this plan offers working residents long-term tax relief in a variety of forms, which is very important for Michigan families. No. 100] [November 3, 2015] JOURNAL OF THE SENATE 1767 enator Knollenberg’s statement is as follows: S We have been talking about this for a long time, and we need to act. We have before us a plan to inject an additional $1.2 billion into Michigan’s roads. It’s not a perfect plan, and it’s not the plan I would have written. It’s not the plan that any of us would have written if we had a blank piece of paper and ours was the only vote that mattered. Let’s consider the facts. Our General Fund hasn’t gone up since 2007, and when you factor in inflation, since 2001. We don’t have a pile of money lying around, but this plan is the best and most doable plan. If you vote “no” and don’t have an alternative plan, you aren’t a part of the solution. If you vote “no” and have an alternative plan that doesn’t have enough votes to pass, you are not part of the solution. This plan is the only plan that has enough support to get through both the House and the Senate and be signed by the Governor. If you believe that roads are a priority, and I think most of us agree that they are, you have to understand that we must compromise. This bill need not be the last word in rebuilding our roads and bridges, but it can be the beginning of the discussion, and I think it should be. So let’s pass this plan as a down payment on our roads. Let us resolve that we still have work to do in the years to come. By voting “yes,” you will be a part of the solution and set an example by leading, and we were elected to do just that. enator Meekhof’s statement is as follows: S Today we take one more step on the road to economic recovery in Michigan. For the last five years, Senate Republicans, along with Governor Snyder and our partners in the House, have helped turn Michigan around. From the very beginning, it was clear that fixing our state’s crumbling roads would be a key part to fixing Michigan, and it hasn’t been an easy task. We have tried a couple times, and we have come up short. I’m proud of my colleagues in this chamber, all of them. I’m proud that the Senate Republicans took the lead on fixing the roads, and we passed a plan out of this chamber on July 1. I’m proud of the Senate Republicans today as we worked with our House colleagues to pass another plan. I was hopeful today that we would be passing something with bipartisan support. I and other leaders spent many weeks and months working on what I thought would be a bipartisan plan. We have agreed upon nearly every detail, and while I was hopeful the Democrats truly wanted to be part of the solution, it now looks like I was wrong. I am disappointed that some leaders in the House and Senate are sitting out this opportunity. I urge my colleagues, both Republican and Democrat, to vote “yes” on this package of bills, and join me in taking one more step on Michigan’s road to recovery. The following bill was read a third time: House Bill No. 4738, entitled A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending sections 2, 3, 8, 22, 40, 45, 53, 63, 122, 143, 151, 152, 153, 154, and 155 (MCL 207.1002, 207.1003, 207.1008, 207.1022, 207.1040, 207.1045, 207.1053, 207.1063, 207.1122, 207.1143, 207.1151, 207.1152, 207.1153, 207.1154, and 207.1155), sections 2 and 122 as amended by 2002 PA 668, section 3 as amended by 2006 PA 277, and section 8 as amended by 2006 PA 268; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 476 Booher Casperson Emmons Hansen Horn Yeas—20 Jones Meekhof Schuitmaker Knollenberg Nofs Shirkey Kowall O’Brien Smith MacGregor Robertson Stamas Marleau Schmidt Zorn Nays—18 Ananich Gregory Hune Proos Bieda Hertel Johnson Rocca Brandenburg Hildenbrand Knezek Warren Colbeck Hood Pavlov Young Green Hopgood 1768 JOURNAL OF THE SENATE [November 3, 2015] [No. 100 Excused—0 Not Voting—0 In The Chair: President ursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: P “An act to prescribe a tax on the sale and use of certain types of fuel in motor vehicles on the public roads or highways of this state and on certain other types of gas; to prescribe the manner and the time of collection and payment of this tax and the duties of officials and others pertaining to the payment and collection of this tax; to provide for the licensing of persons involved in the sale, use, or transportation of motor fuel and the collection and payment of the tax imposed by this act; to prescribe fees; to prescribe certain other powers and duties of certain state agencies and other persons; to provide for exemptions and refunds and for the disposition of the proceeds of this tax; to provide for appropriations from the proceeds of this tax; to prescribe remedies and penalties for the violation of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. Protest Senator Colbeck, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill Nos. 4736 and 4738 and moved that the statement he made during the discussion of House Bill No. 4736 be printed as his reasons for voting “no.” The motion prevailed. Senator Colbeck’s statement is as follows: Another day, another tax increase proposal. The same citizens who voted in opposition to a proposal to increase our taxes to fix our roads by a 4-to-1 margin are now being asked to deal with a number of cost increases in their lives. The cost of groceries is going up, the price of health care is going up, and the price of college tuition continues to go up at more than four times the rate of inflation. The price of electricity continues to go up, the price of water and sewage continues to go up, and now our citizens are being asked to fork over money for another cost increase in their lives, an increase in the price of government. We all agree that we need to fix the roads. We all agree that it takes money to fix the roads. In light of all the financial pressure upon our families due to increasing costs in all facets of their lives, don’t you think that the responsible thing to do would be to find ways to fix the roads without taking more of their money? They pay us to pinch the pennies of state government so that they don’t have to pinch their pennies at the kitchen table. Over the past five years, our state budget has increased from $46.8 billion to $54.5 billion, yet we are told that we don’t have enough money to fix the roads with existing funds. What is a higher priority than roads? Is every line item in this $54.5 billion budget a higher priority than our roads? If not, we do not need to increase taxes. As you know, I issued a debate challenge to the previous speaker and all of my colleagues here to find an answer to that very question. The question remains open. My friends, the fact remains that we do not need to increase taxes to pay for our roads. It is time to dispense with politics as usual. With politics as usual, tax increases are always the first and last option pursued. It is time to break this pattern of thinking and put our thinking caps on. The key to a sustainable roads solution is to fix the roads faster than they degrade. Too much time has been spent on throwing more money at the problem in hopes of fixing roads faster. Too little time has been spent on finding ways to make roads that last longer. The fact remains that there are ways to make roads last longer that won’t break the bank. There are additives that would cost 15 percent more per project but would yield roads that last four times as long. Let’s upgrade the roads so they will last four times longer. In the long run, it would lower our road maintenance costs from the $4.5 billion target we are currently proposing to well within our current $3.3 billion funding level. Our citizens deserve better. Do you ever wonder why the approval rating of the legislators on both sides of the aisle is so low? This is why. I urge my colleagues to vote “no” on House Bill Nos. 4376 and 4378 and support measures that actually improve the quality of our roads. No. 100] [November 3, 2015] JOURNAL OF THE SENATE 1769 The following bill was read a third time: House Bill No. 4737, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 10, 11, 12, 13, and 14 (MCL 247.660, 247.661, 247.662, 247.663, and 247.664), section 10 as amended by 2007 PA 210, section 11 as amended by 2002 PA 639, sections 12 and 13 as amended by 2012 PA 298, and section 14 as amended by 1987 PA 234, and by adding section 1j. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 477 Yeas—27 Booher Horn Meekhof Schmidt Brandenburg Hune Nofs Schuitmaker Casperson Jones O’Brien Shirkey Colbeck Knollenberg Pavlov Smith Green Kowall Proos Stamas Hansen MacGregor Robertson Zorn Hildenbrand Marleau Rocca Nays—11 Ananich Gregory Bieda Hertel Emmons Hood Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. Hopgood Warren Johnson Young Knezek 1770 JOURNAL OF THE SENATE [November 3, 2015] [No. 100 The following bill was read a third time: House Bill No. 4370, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 520 and 522 (MCL 206.520 and 206.522), section 520 as amended by 2011 PA 273 and section 522 as amended by 2013 PA 206, and by adding section 51d. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 478 Yeas—28 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Smith Green Kowall Proos Stamas Hansen MacGregor Robertson Zorn Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Excused—0 Not Voting—0 In The Chair: President ursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: P “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal acts and parts of acts,”. The Senate agreed to the full title. Protests Senators Hertel, Gregory, Ananich, Bieda and Young under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill Nos. 4736, 4738, 4737, and 4370. Senators Hertel, Gregory and Ananich moved that the statements they made during the discussion of House Bill No. 4736 be printed as their reasons for voting “no.” The motion prevailed. Senator Hertel’s statement is as follows: Colleagues, the hardest vote that any of us will take in this chamber should be a vote to raise taxes. Going to people who are already hurting and putting our hands out for money isn’t supposed to be easy. I was ready to make that vote with a long-term, sustainable plan that would fix our roads. Unfortunately, that is not the choice before us today. The people are tired of paying more and getting less from their government. That is exactly what this plan does, and to do that without even coming close to fixing the problem is an insult to the people we represent. No. 100] [November 3, 2015] JOURNAL OF THE SENATE 1771 This is a prime example of how term limits have failed our state; legislature after legislature not solving the problems that face this great state. These bills rely on cuts to be determined by some future legislature but don’t say where those cuts are coming from. You are once again just kicking the can further down the crumbling road. You are voting to raise taxes to keep the roads exactly as they are—poorly maintained and riddled with potholes. By 2021, when this bill is fully implemented, 50 percent of the roads will already be in poor condition. College tuition will go up, our schools will continue to be underfunded, people will be paying more and getting less, and we still will not have fixed our roads. Let’s send a message to our leaders. I implore you to reject this plan and force our leadership back to the table. Don’t raise taxes just so that we can say we did something. Let’s work together to actually rebuild Michigan. enator Gregory’s statement is as follows: S Colleagues, I rise today to offer my “no” vote explanation on the current roads package. This plan would deplete the General Fund by providing income tax rate cuts whenever the General Fund revenues grow faster than inflation, a loss of $230 million per 1/10 of a point. In my view, this is fiscally irresponsible and is not designed to fix a real problem. Currently in Michigan, we have a regressive tax system that penalizes low- and middle-income families. Cutting or repealing the personal income tax would primarily benefit the wealthy individuals who already enjoy some of the lowest state and local tax rates. This is unfair to the vast majority of Michigan residents. Unfortunately, the consumer price index does not take medical care, education, or infrastructure costs into account—all items that routinely eclipse inflation. This will result in a tax cut tied to a hugely unrealistic indicator of our state’s fiscal success. In addition, a House Fiscal Agency analysis noted that a one-time revenue increase caused by an unpredictable or unusual economic event could permanently reduce the income tax rate. I’ll say it again: This has the potential to diminish the General Fund and make it harder for the state to provide the educational, correctional, and medical services our middle-class families need. It also makes it harder to recoup funding for—you guessed it—road maintenance. This is a tax nightmare that our successors will have to untangle years from now as they search for their own solutions to fix our still-crumbling infrastructure. This package of bills doesn’t make good fiscal sense for anyone and will not fix our roads. These bills should be vetoed by the Governor, and I urge my colleagues to vote against this legislation. enator Ananich’s statement, in which Senators Bieda and Young concurred, is as follows: S Colleagues, I rise today to offer my “no” vote explanation on this Republican roads plan. We were so close to a bipartisan solution to fixing our roads. As someone who sat in those leadership talks for months, I know how close we were to figuring out a plan we could all be proud of. The Majority Leader deserves a lot of credit for that. I know he was fully dedicated to being fair and creative while striving for good policy. Unfortunately, that is what makes this mess even more disappointing. The biggest failure is the fact that we won’t be getting better roads from this plan. This plan will not fix our roads. It will, however, create new problems that will need to be fixed later; problems like these mystery cuts that will end up taking massive amounts of money from the resources that thousands of Michigan residents use, such as health care, higher education, and public safety in our local communities. Middle-class taxpayers will once again bear the brunt of these budget problems like they did with the pension tax hike and slashing of the earned income tax credit. All the while, the roads will get worse, people will pay more, and corporations will avoid paying their fair share. Thanks to term limits, while cuts need to happen, most of us in this room won’t be here to make them. There is no question that I am frustrated. We all know that this is nothing compared to what the individuals who elected us are feeling and will be feeling when they realize how bad this plan really is. Finding a solution should not have come to this. We could have and should have done better. The people of Michigan deserve better. I hope that the Governor vetoes this and we find a real solution. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 414, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 51 (MCL 206.51), as amended by 2012 PA 223. The House of Representatives has substituted (H-3) the bill. The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. 1772 JOURNAL OF THE SENATE [November 3, 2015] [No. 100 he question being on concurring in the substitute made to the bill by the House, T Senator Schmidt offered the following substitute to the House substitute: Substitute (S-4). The substitute to the substitute was adopted. The question being on concurring in the House substitute as substituted, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 479 Yeas—28 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Smith Green Kowall Proos Stamas Hansen MacGregor Robertson Zorn Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the full title. House Bill No. 4614, entitled A bill to amend 2004 PA 175, entitled “An act to impose taxes and create credits and refundable credits to modify and equalize the impact of changes made to the general sales tax act and use tax act necessary to bring those taxes into compliance with the streamlined sales tax agreement so this state may participate in the streamlined sales tax system and governing board; to prescribe certain powers and duties of certain state departments; and to provide for the disbursement of certain proceeds,” by amending sections 3 and 5 (MCL 205.173 and 205.175). The House of Representatives has substituted (H-2) the Senate substitute (S-1). The House of Representatives has concurred in the Senate substitute (S-1) as substituted (H-2) and agreed to the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the House substitute made to the Senate substitute, Senator Meekhof offered the following substitute to the House substitute: Substitute (S-5). The substitute to the substitute was adopted. The question being on concurring in the House substitute made to the Senate substitute as substituted, The substitute was concurred in, a majority of the members serving voting therefor, as follows: No. 100] Roll Call No. 480 [November 3, 2015] JOURNAL OF THE SENATE 1773 Yeas—21 Booher Jones Meekhof Schuitmaker Casperson Knollenberg Nofs Shirkey Emmons Kowall O’Brien Smith Green MacGregor Robertson Stamas Hansen Marleau Schmidt Zorn Horn Nays—17 Ananich Hertel Hune Proos Bieda Hildenbrand Johnson Rocca Brandenburg Hood Knezek Warren Colbeck Hopgood Pavlov Young Gregory Excused—0 Not Voting—0 In The Chair: President House Bill No. 4616, entitled A bill to amend 1980 PA 119, entitled “An act to prescribe a privilege tax for the use of public roads and highways of this state by motor carriers by imposing a specific tax upon the use of motor fuel within this state; to provide for certain credits against this tax and certain mechanisms for paying, collecting, and enforcing this tax; to provide for the licensing of motor carriers and for exemptions from licensure; to require the keeping and providing for the examination of certain reports; to provide review procedures for the assessment of the tax and revocation of a license; to impose certain duties upon and confer certain powers to certain state departments and agencies; to prescribe certain penalties for the violation of this act; and to make appropriations,” by amending sections 1, 2, 2a, 4, 5, 6a, 8, 9, and 10 (MCL 207.211, 207.212, 207.212a, 207.214, 207.215, 207.216a, 207.218, 207.219, and 207.220), section 1 as amended by 2002 PA 667, sections 2 and 4 as amended by 2006 PA 346, section 2a as added by 1994 PA 353, section 5 as amended and section 6a as added by 1996 PA 584, and section 8 as amended by 2006 PA 449. The House of Representatives has substituted (H-2) the Senate substitute (S-1). The House of Representatives has concurred in the Senate substitute (S-1) as substituted (H-2) and agreed to the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the House substitute made to the Senate substitute, Senator Meekhof offered the following substitute to the House substitute: Substitute (S-6). The substitute to the substitute was adopted. The question being on concurring in the House substitute made to the Senate substitute as substituted, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 481 Yeas—20 Booher Jones Meekhof Schuitmaker Casperson Knollenberg Nofs Shirkey 1774 Emmons Hansen Horn JOURNAL OF THE SENATE [November 3, 2015] Kowall MacGregor Marleau [No. 100 O’Brien Smith Robertson Stamas Schmidt Zorn Nays—18 Ananich Gregory Hune Proos Bieda Hertel Johnson Rocca Brandenburg Hildenbrand Knezek Warren Colbeck Hood Pavlov Young Green Hopgood Excused—0 Not Voting—0 In The Chair: President By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that, pursuant to rule 1.114, upon receipt of Senate bills returned from the House of Representatives, the Secretary of the Senate be directed to proceed with the enrollment printing and presentation of the bills to the Governor. The motion prevailed. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senators Hertel, Shirkey and Hune introduced Senate Bill No. 592, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 10205 (MCL 333.10205), as added by 1999 PA 62. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senator Shirkey introduced Senate Bill No. 593, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 320a (MCL 257.320a), as amended by 2012 PA 592, and by adding section 751. The bill was read a first and second time by title and referred to the Committee on Transportation. Senator Shirkey introduced Senate Bill No. 594, entitled A bill to amend 1967 (Ex Sess) PA 7, entitled “Urban cooperation act of 1967,” by amending the title and sections 2 and 10 (MCL 124.502 and 124.510), the title as amended by 1998 PA 169 and sections 2 and 10 as amended by 2002 PA 439. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senator Casperson introduced Senate Bill No. 595, entitled A bill to amend 1963 PA 181, entitled “Motor carrier safety act of 1963,” by amending section 5 (MCL 480.15), as amended by 2013 PA 263. The bill was read a first and second time by title and referred to the Committee on Transportation. No. 100] [November 3, 2015] JOURNAL OF THE SENATE 1775 House Bill No. 4680, entitled A bill to amend 1968 PA 15, entitled “Correctional industries act,” by amending section 6 (MCL 800.326), as amended by 2012 PA 261. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. Statements Senator Young asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Young’s statement is as follows: Mr. President, in the words of a great man: “It’s time to free the weed, Mr. President.” Mr. President, 750,000 people are arrested a year, and 19,000 people are arrested in this state for the possession of marijuana. Now, I want to talk about this a little bit differently and talk about the economic benefits which this has. You’re talking about cooking oils. You’re talking about hemp. As a matter of fact, it was prohibited in the 1930s, and then in the 1940s, they lifted prohibition so that they could win World War II. It was called hemp for victory. They made rope and parachutes. George Washington grew marijuana on Mt. Vernon. Thomas Jefferson grew hemp. It is time to stop arresting people. Do you realize that African Americans are four times more likely in this country to be arrested for possession of marijuana and three times more likely in this state? That is an injustice that cannot continue. We cannot be a country of equal protection if we are targeting our minority youths in that way. It is fundamentally wrong. You can also use it for alternative energy. You could use it for biofuel. You could even use it for roads. We could fix the roads with hempcrete, which is less brittle than concrete. We could tax it so that we could raise more money so that we don’t have to take $600 million out of the General Fund in order to do this so that you could have a road funds plan with actual road funds in it, but that’s another story. The bottom line, Mr. President, this is a plant that you cannot overdose from. No one in the history of this country has ever overdosed from using marijuana—no one, ever. Yet we have 40,000 people a year who die from alcohol. We have 447,000 people a year who die from cigarettes. We have 27,700 who die a year, according to the Center for Disease Control and Prevention, from prescription drugs. I know you’re going to say we have to be careful with marijuana because of kids. Marijuana is not for children. Corner stores card; corner dealers do not. That is the fundamental difference. You take it out of the hands of the drug dealers, out of the hands of the drug cartels, and out of the hands of terrorists—potentially in Afghanistan where Hindu cush is grown—and then we could regulate it. We can legalize it, and we can tax it and bring revenue into this state. The Lord knows we need revenue right now. Marijuana is not for children. It’s not, bottom line. Secondly, let me say this: I think it is hypocritical that we live in a country where you can smoke until you choke, you can drink until you think, and you have people who literally buy alcohol, tobacco, and Fifty Shades of Grey in front of their kids. And we’re saying that a person who has chronic pain or epilepsy or fibromyalgia or some form of PTSD or hypothyroidism, they can’t use this for pain relief. People say medical marijuana is already legal. Yes, but with medical marijuana, those facilities are constantly being raided by the government all the time. That’s why you have medical marijuana facilities that arm themselves and have guns, because they have to worry about someone coming into their facility and robbing them of their product that is worth thousands on the street. It’s wrong. It must stop. We are locking up people. We are ruining people’s lives. People can’t get college aid. People are getting criminal records just for possession of a plant that cannot kill you. It’s fundamentally wrong. It’s time to stop this injustice. I hope you will join me in freeing the weed. Committee Reports The Committee on Transportation reported Senate Bill No. 513, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 3a. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson 1776 JOURNAL OF THE SENATE [November 3, 2015] [No. 100 To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, October 29, 2015, at 8:30 p.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood he Committee on Veterans, Military Affairs and Homeland Security reported T Senate Resolution No. 111. A resolution to urge the U.S. Department of Defense to approve the Ambit Foundation request for use of facilities at the Selfridge Air National Guard Base to establish a Veterans Care Transition Center. (For text of resolution, see Senate Journal No. 98, p. 1742.) With the recommendation that the resolution be adopted. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The resolution was placed on the order of Resolutions. COMMITTEE ATTENDANCE REPORT he Committee on Veterans, Military Affairs and Homeland Security submitted the following: T Meeting held on Thursday, October 29, 2015, at 2:00 p.m., Room 110, Farnum Building Present: Senators O’Brien (C), Emmons, Zorn, Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Committee on Commerce submitted the following: T Joint meeting held on Monday, November 2, 2015, at 10:15 a.m., Lake Superior State University, Cisler Center, Superior Room, 650 West Easterday Avenue, Sault Ste. Marie Present: Senators Schmidt (C), MacGregor and Hertel Excused: Senators Kowall and Nofs COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Joint meeting held on Monday, November 2, 2015, at 10:15 a.m., Lake Superior State University, Cisler Center, Superior Room, 650 West Easterday Avenue, Sault Ste. Marie Present: Senators Casperson (C) and Horn Excused: Senators Pavlov, Marleau and Hopgood Scheduled Meetings Appropriations - Wednesday, November 4, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-1801) Subcommittee Corrections and House Corrections Appropriations Subcommittee - Thursdays, November 5 (CANCELED) and November 12, 8:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) No. 100] [November 3, 2015] JOURNAL OF THE SENATE 1777 Criminal Justice Policy Commission - Wednesday, November 4, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Education - Wednesday, November 4, 8:30 a.m., Room 110, Farnum Building (373-5314) Families, Seniors and Human Services - Wednesday, November 4, 3:00 p.m., Room 210, Farnum Building (373-5323) Government Operations - Wednesday, November 4, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-5307) Judiciary - Thursday, November 5, 9:00 a.m., Room 110, Farnum Building (373-1721) Natural Resources - Wednesday, November 4, 12:30 p.m., Room 210, Farnum Building (373-5314) Transportation - Thursday, November 5, 8:30 a.m., Room 210, Farnum Building (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 3:14 p.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, November 4, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1778 No. 101 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, November 4, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1780 JOURNAL OF THE SENATE [November 4, 2015] [No. 101 astor Jeff Bader of Cass River Bible Church of Mayville offered the following invocation: P Father, we give You thanks for this day. Lord, we thank You for these men and women who serve our state making decisions each and every day seeking to better the state of Michigan. Thank You for the work that goes on in this room, behind the scenes, throughout the city, and throughout the state. Lord, we ask that You would give wisdom and knowledge to these men and women who are seeking to follow Your plan to take this state where You want it to go. We thank You for their willingness to serve in this job for so many days, giving of themselves to make a difference for each and every one of us. Lord, we thank You for our Governor, Lieutenant Governor, and all of those seeking to pass laws and govern our state. May You bless them today, and may each one receive a blessing, even if it is just a smile, handshake, or affirming word. Let them know that they are appreciated and that their work does not go in vain. Lord, take us where You want us to go, and we will give You the thanks and honor this day. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Green and Jones entered the Senate Chamber. enator Kowall moved that Senators Booher, Knollenberg and MacGregor be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Johnson, Knezek and Young be temporarily excused from today’s session. S The motion prevailed. Senators Booher, Knezek, Knollenberg and MacGregor entered the Senate Chamber. The following communication was received and read: Office of the Auditor General October 30, 2015 nclosed is a copy of the following audit report: E Report on internal control, compliance, and other matters of Self-Insurers’ Security Fund, Workers’ Compensation Agency Funds Administration, Department of Licensing and Regulatory Affairs for the calendar year ended December 31, 2014. Sincerely, Doug Ringler Auditor General The audit report was referred to the Committee on Government Operations. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:07 a.m. 10:32 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senators Johnson and Young entered the Senate Chamber. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Nofs as Chairperson. No. 101] [November 4, 2015] JOURNAL OF THE SENATE 1781 After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill: Senate Bill No. 571, entitled A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 3, 6, and 55 (MCL 169.203, 169.206, and 169.255), section 3 as amended by 2012 PA 273 and sections 6 and 55 as amended by 2013 PA 252. The bill was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage: Senate Bill No. 571 The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 503 Senate Bill No. 529 Senate Bill No. 530 Senate Bill No. 33 House Bill No. 4562 Senate Bill No. 510 Senate Bill No. 556 Senate Bill No. 571 The motion prevailed. The following bill was read a third time: Senate Bill No. 503, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 3, 7, 13, 15, and 25 of chap­ ter XIIB (MCL 712B.3, 712B.7, 712B.13, 712B.15, and 712B.25), as added by 2012 PA 565. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 482 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. 1782 JOURNAL OF THE SENATE [November 4, 2015] [No. 101 The following bill was read a third time: Senate Bill No. 529, entitled A bill to amend 2008 PA 260, entitled “Guardianship assistance act,” by amending sections 2, 3, 4, 5a, 5b, 6, 7, 8, and 9 (MCL 722.872, 722.873, 722.874, 722.875a, 722.875b, 722.876, 722.877, 722.878, and 722.879), sections 2, 3, 4, and 9 as amended and sections 5a and 5b as added by 2009 PA 15 and section 6 as amended by 2011 PA 229, and by adding section 5c. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 483 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 530, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 13a of chapter XIIA (MCL 712A.13a), as amended by 2012 PA 163. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 484 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg No. 101] [November 4, 2015] JOURNAL OF THE SENATE 1783 Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 33, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1136. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 485 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4562, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 24a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1784 Roll Call No. 486 JOURNAL OF THE SENATE [November 4, 2015] [No. 101 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 510, entitled A bill to prohibit the disclosure or use of certain information. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 487 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 No. 101] [November 4, 2015] JOURNAL OF THE SENATE 1785 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 556, entitled A bill to amend 2005 PA 210, entitled “Commercial rehabilitation act,” by amending section 16 (MCL 207.856). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 488 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 571, entitled A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 3, 6, and 55 (MCL 169.203, 169.206, and 169.255), section 3 as amended by 2012 PA 273 and sections 6 and 55 as amended by 2013 PA 252. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 489 Ananich Bieda Yeas—38 Hertel Hildenbrand Kowall Rocca MacGregor Schmidt 1786 JOURNAL OF THE SENATE [November 4, 2015] [No. 101 Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. By unanimous consent the Senate returned to the order of Messages from the Governor The following messages from the Governor were received: Date: November 3, 2015 Time: 8:22 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 336 (Public Act No. 167), being An act to prescribe the blue alert of Michigan as the official response to reports of serious injury or death of a law enforcement officer in certain circumstances; and to provide for the powers and duties of certain state and local govern­ mental officers and entities. (Filed with the Secretary of State on November 3, 2015, at 11:00 a.m.) Date: November 3, 2015 Time: 8:24 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 22 (Public Act No. 168), being An act to amend 1986 PA 182, entitled “An act to provide for the Michigan department of state police retirement system; to create certain reserves and certain funds for this retirement system; to provide for the creation of a retirement board within the department of management and budget; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of the department of state police, the department of management and budget, and certain state officers; and to repeal certain acts and parts of acts,” (MCL 38.1601 to 38.1648) by amending the title and by adding section 40c. (Filed with the Secretary of State on November 3, 2015, at 11:02 a.m.) Date: November 3, 2015 Time: 8:26 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 195 (Public Act No. 169), being An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; No. 101] [November 4, 2015] JOURNAL OF THE SENATE 1787 to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health main­ tenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 17748 (MCL 333.17748), as amended by 2014 PA 413. (Filed with the Secretary of State on November 3, 2015, at 11:04 a.m.) Date: November 3, 2015 Time: 8:28 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 309 (Public Act No. 170), being An act to amend 1978 PA 59, entitled “An act relative to condominiums and condominium projects; to prescribe powers and duties of the administrator; to provide certain protections for certain tenants, senior citizens, and persons with disabilities relating to conversion condominium projects; to provide for escrow arrangements; to provide an exemption from certain property tax increases; to impose duties on certain state departments; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending section 66 (MCL 559.166), as amended by 1983 PA 113. (Filed with the Secretary of State on November 3, 2015, at 11:06 a.m.) Respectfully, Rick Snyder Governor Messages from the House Senate Bill No. 414, entitled A bill to amend 1967 PA 281, entitled “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal acts and parts of acts,” by amending section 51 (MCL 206.51), as amended by 2012 PA 223. The House of Representatives has concurred in the Senate substitute (S-4) to the House substitute (H-3). The bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Nofs as Chairperson. Recess enator Kowall moved that the Committee of the Whole recess subject to the call of the Chairperson. S The motion prevailed, the time being 11:01 a.m. 1788 JOURNAL OF THE SENATE [November 4, 2015] [No. 101 11:09 a.m. The Committee of the Whole was called to order by the Chairperson, Senator Nofs. After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4390, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278a (MCL 380.1278a), as amended by 2014 PA 293. Senate Bill No. 444, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 209A. Senate Bill No. 559, entitled A bill to amend 1909 PA 259, entitled “An act to provide that judgments of divorce and judgments of separate main­ tenance shall make provision in satisfaction of the claims of the wife in the property of the husband and in satisfaction of the claims of the husband and wife in contracts of insurance and annuity upon the life of the husband or wife, and in satisfaction of claims of the husband and wife in or to any pension, annuity, retirement allowance, or accumulated contributions in any pension, annuity, or retirement system, including any rights or contingent rights in and to unvested pension, annuity, or retirement benefits; and to change the tenure of lands owned by husband and wife in case of divorce, and to provide for the disposition or partition of such lands or the proceeds thereof,” by amending section 1 (MCL 552.101), as amended by 2006 PA 288. House Bill No. 4039, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 78f and 78i (MCL 211.78f and 211.78i), section 78f as amended by 2003 PA 263 and section 78i as amended by 2006 PA 611, and by adding section 78s. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 491, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1233b and 1531i (MCL 380.1233b and 380.1531i), section 1233b as amended by 1995 PA 289 and section 1531i as added by 2009 PA 202. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4059, entitled A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 61 (MCL 38.1361), as amended by 2012 PA 464. Substitute (S-7). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 5, line 9, after “subsection” by inserting “(3),”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 394, entitled A bill to amend 1917 PA 167, entitled “Housing law of Michigan,” by amending sections 1, 125, and 126 (MCL 125.401, 125.525, and 125.526), sections 1 and 126 as amended by 2008 PA 408. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. No. 101] [November 4, 2015] JOURNAL OF THE SENATE 1789 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 558, entitled A bill to amend 1846 RS 66, entitled “Of estates in dower, by the curtesy, and general provisions concerning real estate,” (MCL 558.1 to 558.29) by adding section 30; and to repeal acts and parts of acts. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 560, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 1303, 2202, 2205, and 3807 (MCL 700.1303, 700.2202, 700.2205, and 700.3807), sections 1303, 2202, and 2205 as amended by 2000 PA 54 and section 3807 as amended by 2000 PA 177. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendments, the following bill: House Bill No. 4904, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 641 and 646a (MCL 168.641 and 168.646a), section 641 as amended by 2015 PA 101 and section 646a as amended by 2013 PA 253. The following are the amendments recommended by the Committee of the Whole: 1. Amend page 5, following line 7, by inserting: “Sec. 841. (1) The board of state canvassers shall canvass the returns and determine the result of all elections for electors of president and vice-president VICE PRESIDENT of the United States, state officers, United States senators, representatives in congress, circuit judges, state senators and representatives elected by a district that is located in more than 1 county, and other officers as required by law. The board of state canvassers shall also determine the result of an election on a proposed amendment to the constitution or on any other ballot question that has been submitted, pursuant to law, to the qualified and registered electors of this state at large for ratification or rejection. THE BOARD OF STATE CANVASSERS SHALL CANVASS THE RETURNS AND DETERMINE THE RESULT OF AN ELECTION ON A BALLOT QUESTION SUBMITTED TO THE QUALIFIED AND REGISTERED ELECTORS OF MORE THAN 1 COUNTY UNDER THE REGIONAL TRANSIT AUTHORITY ACT, 2012 PA 387, MCL 124.541 TO 124.558. Upon making the determination, the board of state canvassers shall immediately prepare a certificate of determination and deliver the properly certified certificate of determination to the secretary of state. (2) Upon receipt of a properly certified certificate of determination from a board of county canvassers pursuant to section 826, the board of state canvassers, at its next meeting, shall record the results of the county canvass contained in the certificate.”. 2. Amend page 5, line 10, after “1.” by striking out “This” and inserting “Section 646a of the Michigan election law, 1954 PA 116, MCL 168.646a, as amended by this”. 3. Amend page 5, line 14, after “that” by inserting “section 646a of the Michigan election law, 1954 PA 116, MCL 168.646a, as amended by”. The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 177, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1301, 1311, 1312, 1315, 1325, 1333, 1341, 1343, 1351, 1355, and 1371 (MCL 500.1301, 500.1311, 500.1312, 500.1315, 500.1325, 500.1333, 500.1341, 500.1343, 500.1351, 500.1355, and 500.1371), sections 1301, 1312, 1315, 1351, and 1371 as amended by 1992 PA 182, section 1311 as amended by 2010 PA 61, section 1325 as amended by 1994 PA 227, section 1341 as amended by 1994 PA 443, and section 1343 as amended by 1995 PA 219, and by adding sections 1325a and 1357. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. 1790 JOURNAL OF THE SENATE [November 4, 2015] [No. 101 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 178, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2108 and 2406 (MCL 500.2108 and 500.2406), section 2406 as amended by 1993 PA 200, and by adding chapter 17. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. enate Resolution No. 111. S A resolution to urge the U.S. Department of Defense to approve the Ambit Foundation request for use of facilities at the Selfridge Air National Guard Base to establish a Veterans Care Transition Center. The question being on the adoption of the resolution, The resolution was adopted. Senator Zorn was named co‑sponsor of the resolution. enator O’Brien offered the following resolution: S Senate Resolution No. 113. A resolution to commemorate November 13, 2015, as World Pancreatic Cancer Day. Whereas, The health, safety, and welfare of the residents of Michigan are enhanced as a direct result of increased awareness about pancreatic cancer and research into early detection, causes, and effective treatments; and Whereas, In 2015, an estimated 48,960 people will be diagnosed with pancreatic cancer in the United States, and 40,560 will die from the disease; and Whereas, Pancreatic cancer is one of the deadliest cancers and is currently the fourth leading cause of cancer death in the United States and is projected to become the second leading cause by 2020; and Whereas Pancreatic cancer is the only major cancer with a five-year relative survival rate in the single digits at just 7 percent; and Whereas, When symptoms of pancreatic cancer present themselves, it is generally late stage. Seventy-two percent of pan­creatic cancer patients die within the first year of their diagnosis, while 93 percent of pancreatic cancer patients die within the first five years; and Whereas, It is estimated in Michigan that 1,750 people will be diagnosed with pancreatic cancer in 2015, resulting in 1,480 deaths. The Michigan Department of Health and Human Services recorded 1,338 deaths related to pancreatic cancer in 2012 and 1,444 in 2013; and Whereas, Pancreatic cancer is the seventh most common cause of cancer-related deaths in men and women across the world, and there will be an estimated 367,000 new pancreatic cancer cases diagnosed globally in 2015; and Whereas, Health professionals and health advocates across the country have joined together to sponsor activities for public education about pancreatic cancer; and Whereas, World Pancreatic Cancer Day helps educate communities about pancreatic cancer and increases the awareness that surrounds it. The importance of education and knowledge about the disease cannot be overstated and contributes to the ability to lead a healthy, balanced, and productive life; and Whereas, The Michigan Legislature is strongly dedicated to preserving the health of the residents of this state and supports the fight against pancreatic cancer; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate November 13, 2015, as World Pancreatic Cancer Day in order to increase public awareness and to promote treatment and recovery. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Gregory, Hansen, Hertel, Hildenbrand, Knollenberg, MacGregor, Proos, Robertson, Schmidt, Schuitmaker and Warren were named co‑sponsors of the resolution. No. 101] [November 4, 2015] JOURNAL OF THE SENATE 1791 Introduction and Referral of Bills Senators Knezek, O’Brien, Booher, Green, Schmidt, Gregory and Stamas introduced Senate Bill No. 596, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 803s. The bill was read a first and second time by title and referred to the Committee on Transportation. Senator Schuitmaker introduced Senate Bill No. 597, entitled A bill relating to certain trusts; to provide for the powers and procedures of the court that has jurisdiction of certain trusts; to provide for the validity and effect of certain transfers and contracts that relate to certain trusts; to provide remedies; and to provide procedures to facilitate enforcement of certain trusts. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Schuitmaker introduced Senate Bill No. 598, entitled A bill to amend 1998 PA 434, entitled “Uniform fraudulent transfer act,” by amending sections 1, 4, and 9 (MCL 566.31, 566.34, and 566.39), section 1 as amended by 2009 PA 44. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators MacGregor, Zorn, Hertel and Booher introduced Senate Bill No. 599, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2567 (MCL 600.2567), as amended by 2004 PA 538. The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. Senators MacGregor, Hertel, Zorn and Booher introduced Senate Bill No. 600, entitled A bill to amend 1937 PA 146, entitled “An act to establish, protect and enforce by lien the rights of laborers, contractors, sub-contractors and material men and other persons furnishing labor, tools, or materials, or other things of value, for the drilling, boring, torpedoing, acidizing, completing, operating or repairing of any oil or gas well, or the constructing or repairing of any oil or gas pipe line, oil or gas derrick, or oil tank,” by amending section 4 (MCL 570.254). The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. Senators Zorn, MacGregor, Hertel and Booher introduced Senate Bill No. 601, entitled A bill to amend 1983 PA 102, entitled “Uniform federal lien registration act,” by amending section 6 (MCL 211.666). The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. Senators Zorn, MacGregor, Hertel and Booher introduced Senate Bill No. 602, entitled A bill to amend 1968 PA 203, entitled “State tax lien registration act,” by amending section 5 (MCL 211.685). The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. Senators Booher, MacGregor, Zorn and Hertel introduced Senate Bill No. 603, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 15 (MCL 421.15), as amended by 2011 PA 269. The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. 1792 JOURNAL OF THE SENATE [November 4, 2015] [No. 101 Senators Hertel, MacGregor, Zorn and Booher introduced Senate Bill No. 604, entitled A bill to amend 1962 PA 174, entitled “Uniform commercial code,” by amending section 9525 (MCL 440.9525), as amended by 2004 PA 212. The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. Senators Hertel, Smith, Gregory, Hune and Hood introduced Senate Bill No. 605, entitled A bill to make, supplement, and adjust appropriations for the department of health and human services for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Statements Senator Colbeck asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Colbeck’s statement is as follows: Colleagues, I would like to read the text of the proclamation that was put together by the Continental Congress on November 1, 1777, denoting a national Thanksgiving Day Proclamation, and this is printed in the Journals of Congress: “Forasmuch as it is the indispensable duty of all men to adore the superintending providence of Almighty God; to acknowledge with gratitude their obligation to him for benefits received, and to implore such farther blessings as they stand in need of; and it having pleased him in his abundant mercy not only to continue to us the innumerable bounties of his common providence, but also smile upon us in the prosecution of a just and necessary war, for the defense and establishment of our unalienable rights and liberties; particularly in that he hath been pleased in so great a measure to prosper the means used for the support of our troops and to crown our arms with most signal success: It is therefore recommended to the legislative or executive powers of these United States, to set apart Thursday, the 18th day of December next, for solemn thanksgiving and praise; that with one heart and one voice the good people may express the grateful feelings of their hearts, and consecrate themselves to the service of their divine benefactor; and that together with their sincere acknowledgments and offerings, they may join the penitent confession of their manifold sins, whereby they had forfeited every favor, and their humble and earnest supplication that it may please God, through the merits of Jesus Christ, mercifully to forgive and blot them out of remembrance; that it may please him graciously to afford his blessings on the governments of these states respectively, and prosper the public council of the whole; to inspire our commanders both by land and sea, and all under them, with that wisdom and fortitude which may render them fit instruments, under the providence of Almighty God, to secure for these United States the greatest of all blessings, independence and peace; that it may please him to prosper the trade and manufactures of the people and the labor of the husbandman, that our land may yield its increase; to take schools and seminaries of education, so necessary for cultivating the principles of true liberty, virtue and piety, under his nurturing hand, and to prosper the means of religion for the promotion and enlargement of that kingdom which consisteth in righteousness, peace and joy in the Holy Ghost. And it is further recommended, that servile labor, and such recreation as, though at other times innocent, may be unbecoming the purpose of this appointment, be omitted on so solemn an occasion.” Committee Reports he Committee on Economic Development and International Investment reported T Senate Resolution No. 105. A resolution to encourage the President and Congress of the United States and the U.S. Office of Management and Budget to support plans to upgrade the Soo Locks at Sault Ste. Marie, Michigan, and approve the U.S. Army Corps of Engineers’ request to fund preparation of an Economic Reevaluation Report. (For text of resolution, see Senate Journal No. 90, p. 1614.) With the recommendation that the resolution be adopted. Kenneth B. Horn Chairperson No. 101] [November 4, 2015] JOURNAL OF THE SENATE 1793 To Report Out: Yeas: Senators Horn, Schmidt, Stamas, Warren and Bieda Nays: None The resolution was placed on the order of Resolutions. COMMITTEE ATTENDANCE REPORT he Committee on Economic Development and International Investment submitted the following: T Joint meeting held on Monday, November 2, 2015, at 10:15 a.m., Lake Superior State University, Cisler Center, Superior Room, 650 West Easterday Avenue, Sault Ste. Marie Present: Senators Horn (C), Schmidt, Stamas, Warren and Bieda Excused: Senators Brandenburg and Emmons COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Wednesday, November 4, 2015, at 8:30 a.m., Room 110, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Committee on Government Operations submitted the following: T Meeting held on Wednesday, November 4, 2015, at 8:30 a.m., Rooms 402 and 403, Capitol Building Present: Senators Meekhof (C), Hansen, Kowall, Ananich and Hood Scheduled Meetings Appropriations Subcommittees Corrections and House Corrections Appropriations Subcommittee - Thursdays, November 5 (CANCELED) and November 12, 8:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) State Police and Military Affairs - Tuesday, December 1, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Judiciary - Thursday, November 5, 9:00 a.m., Room 110, Farnum Building (373-1721) Local Government - Tuesday, November 10, 12:30 p.m., Room 100, Farnum Building (373-5312) Michigan State Capitol Commission - Monday, November 9, 11:00 a.m., Room H-65, Capitol Building (373-0184) Transportation - Thursday, November 5, 8:30 a.m., Room 210, Farnum Building (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:26 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, November 5, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1794 No. 102 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, November 5, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1796 JOURNAL OF THE SENATE [November 5, 2015] [No. 102 enator Vincent Gregory of the 11th District offered the following invocation: S Father God, we come to You in prayer, thanking You for this day and also thanking You for this legislative body that has gathered today to make laws that will help and not harm Your people and will uplift and not cause spirits to be downtrodden. Father, it is no coincidence that the men and women who make up this Senate have been chosen for this time and this moment to lead. We realize, Father, that You have made us all uniquely and distinctively different in the ways that we think and process information. Therefore, we ask that we come together agreeing to think only in terms of what will be best for our people. We also realize that all things happen according to Your perfect plan, although we sometimes don’t understand what that plan is or where that plan will ultimately lead us. Father, it is with sincerity and humility that we pray for Your guidance in all decisions we make, knowing that all things will work out for good according to Your perfect plan. We ask this and all things in Your mighty name. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Green entered the Senate Chamber. Senator Kowall moved that Senators Brandenburg, Nofs, O’Brien, Pavlov and Hansen be temporarily excused from today’s session. The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. Senators Young, O’Brien, Hansen and Pavlov entered the Senate Chamber. The Secretary announced that the following bills were printed and filed on Wednesday, November 4, and are available at the Michigan Legislature website: Senate Bill Nos. 592 593 594 595 House Bill Nos. 5041 5042 5043 5044 5045 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:05 a.m. 10:10 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 Senate Resolution No. 105 The motion prevailed. enator Meekhof offered the following resolution: S Senate Resolution No. 114. A resolution of tribute offered as a memorial for Robert VanderLaan, former member of the Senate. No. 102] [November 5, 2015] JOURNAL OF THE SENATE 1797 Whereas, It is with great sorrow that we learned of the passing of Robert VanderLaan, a member of this legislative body from 1963 to 1982. He will be remembered as a statesman, a successful businessman, and a true gentleman; and Whereas, Robert VanderLaan was born in Dutton, Michigan, and spent nearly his entire life in western Michigan. He attended the one-room Smith School and Grand Rapids Christian High School before earning degrees at both Calvin College and the University of Michigan; and Whereas, Robert VanderLaan had a lifelong passion for politics. He began his career as a political science teacher. At the same time, he worked his way up from the grassroots and was identified as a rising star in the Michigan Republican Party. He was a delegate to every Republican state convention beginning in 1952 and served as Paris Township (now city of Kentwood) trustee, clerk, and supervisor. In 1962, he was elected to the State Senate, defeating a long-serving incumbent. He served his constituents in the Thirty-first District with distinction for twenty years, as Senate Majority Leader from 1970 to 1974, and as Senate Minority Leader from 1979 to 1982; and Whereas, Robert VanderLaan was a leader in the state legislature throughout some challenging and formative times. Serving with integrity and putting his Dutch work ethic into practice, Robert VanderLaan’s leadership skills were evident as he formed coalitions, forged compromises, developed solutions to complex problems, and worked effectively with members from both sides of the aisle. He demonstrated grace under pressure and steady leadership, working with Gover­ nors Romney and Milliken through two recessions when the state economy was faltering and unemployment was rising. As Majority Leader, Robert VanderLaan was able to guide legislation through a Senate evenly divided along party lines; and Whereas, Robert VanderLaan was extremely active crafting legislation and engaging in dialogue with colleagues. He sponsored legislation on campaign reform, raising the minimum wage, and allowing public school buses to transport students to private schools. He also supported the controversial establishment of the state’s first income tax. He served on the com­ mittees on Senate Administration and Rules, State and Veterans’ Affairs, Finance, the Legislative Council, and as chair­man of the committees on Labor and Senate Business. He also was involved with and held office in many government leadership organizations, including the National Conference of State Legislative Leaders, the State Legislative Leaders Foundation, and the Executive Committee of the Council of State Governments; and Whereas, Following his time in the Michigan Senate, Robert VanderLaan remained a fixture in state politics. He united in bipartisan partnership with former Speaker of the House Bobby Crim and founded one of Lansing’s best known lobbying firms, Governmental Consultant Services, Inc. He served as chairman of the company for twelve years; and Whereas, Today, we honor the memory of Robert VanderLaan, an accomplished public servant whose legacy of leadership will long continue to enrich our state; now, therefore, be it Resolved by the Senate, That we offer this expression of our highest tribute to honor the memory of Robert VanderLaan, a member of this legislative body from 1963 to 1982; and be it further Resolved, That copies of this resolution be transmitted to the VanderLaan family as evidence of our lasting esteem for his memory. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted by a unanimous standing vote of the Senate. Senator Kowall moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieuten­ ant Governor as co‑sponsors of the resolution. The motion prevailed, a majority of the members serving voting therefor. A moment of silence was observed in memory of former Senate Majority Leader Robert VanderLaan. By unanimous consent the Senate returned to the order of Messages from the House Senator Nofs entered the Senate Chamber. Senate Bill No. 213, entitled A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending section 61 (MCL 408.1061), as amended by 1996 PA 437. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. 1798 JOURNAL OF THE SENATE [November 5, 2015] [No. 102 Senate Bill No. 225, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 2 (MCL 28.422), as amended by 2015 PA 37. The House of Representatives has passed the bill and ordered that the bill be given immediate effect. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senator Brandenburg entered the Senate Chamber. Senate Bill No. 226, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2015 PA 4. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 349, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 78b and 78c (MCL 211.78b and 211.78c), as amended by 2003 PA 263. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 369, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4o (MCL 205.94o), as amended by 2012 PA 474. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 370, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4t (MCL 205.54t), as amended by 2010 PA 116. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. No. 102] [November 5, 2015] JOURNAL OF THE SENATE 1799 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator O’Brien as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill: House Bill No. 4836, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1204f (MCL 500.1204f), as added by 2006 PA 442, and by adding section 3908 and chapter 39A. The bill was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 471, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 8123 and 8134 (MCL 600.8123 and 600.8134), section 8123 as amended by 2014 PA 58 and section 8134 as amended by 2014 PA 60. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 491 House Bill No. 4390 Senate Bill No. 444 Senate Bill No. 394 Senate Bill No. 558 Senate Bill No. 559 Senate Bill No. 560 House Bill No. 4904 House Bill No. 4039 Senate Bill No. 177 Senate Bill No. 178 The motion prevailed. The following bill was read a third time: Senate Bill No. 491, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1233b and 1531i (MCL 380.1233b and 380.1531i), section 1233b as amended by 1995 PA 289 and section 1531i as added by 2009 PA 202. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 490 Yeas—30 Bieda Hildenbrand Marleau Rocca Booher Horn Meekhof Schmidt Brandenburg Hune Nofs Schuitmaker Casperson Johnson O’Brien Shirkey Colbeck Jones Pavlov Smith Emmons Knollenberg Proos Stamas Green Kowall Robertson Zorn Hansen MacGregor 1800 JOURNAL OF THE SENATE [November 5, 2015] [No. 102 Nays—8 Ananich Gregory Hertel Hood Hopgood Warren Knezek Young Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4390, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278a (MCL 380.1278a), as amended by 2014 PA 293. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 491 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and main­ tenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; No. 102] [November 5, 2015] JOURNAL OF THE SENATE 1801 to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 444, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 209A. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 492 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 394, entitled A bill to amend 1917 PA 167, entitled “Housing law of Michigan,” by amending sections 1, 125, and 126 (MCL 125.401, 125.525, and 125.526), sections 1 and 126 as amended by 2008 PA 408. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 493 Ananich Bieda Yeas—38 Hertel Hildenbrand Kowall Rocca MacGregor Schmidt 1802 JOURNAL OF THE SENATE [November 5, 2015] [No. 102 Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 558, entitled A bill to amend 1846 RS 66, entitled “Of estates in dower, by the curtesy, and general provisions concerning real estate,” (MCL 558.1 to 558.29) by adding section 30; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 494 Yeas—34 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hood Marleau Schuitmaker Casperson Hopgood Meekhof Shirkey Colbeck Horn Nofs Smith Emmons Hune Pavlov Stamas Green Jones Proos Zorn Gregory Knezek Nays—4 Johnson O’Brien Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. Warren Young No. 102] [November 5, 2015] JOURNAL OF THE SENATE 1803 The following bill was read a third time: Senate Bill No. 559, entitled A bill to amend 1909 PA 259, entitled “An act to provide that judgments of divorce and judgments of separate main­ tenance shall make provision in satisfaction of the claims of the wife in the property of the husband and in satisfaction of the claims of the husband and wife in contracts of insurance and annuity upon the life of the husband or wife, and in satisfaction of claims of the husband and wife in or to any pension, annuity, retirement allowance, or accumulated contri­ butions in any pension, annuity, or retirement system, including any rights or contingent rights in and to unvested pension, annuity, or retirement benefits; and to change the tenure of lands owned by husband and wife in case of divorce, and to provide for the disposition or partition of such lands or the proceeds thereof,” by amending section 1 (MCL 552.101), as amended by 2006 PA 288. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 495 Yeas—34 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hood Marleau Schuitmaker Casperson Hopgood Meekhof Shirkey Colbeck Horn Nofs Smith Emmons Hune Pavlov Stamas Green Jones Proos Zorn Gregory Knezek Nays—4 Johnson O’Brien Warren Young Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 560, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 1303, 2202, 2205, and 3807 (MCL 700.1303, 700.2202, 700.2205, and 700.3807), sections 1303, 2202, and 2205 as amended by 2000 PA 54 and section 3807 as amended by 2000 PA 177. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 496 Ananich Bieda Booher Yeas—34 Hansen Hertel Hildenbrand Knollenberg Robertson Kowall Rocca MacGregor Schmidt 1804 JOURNAL OF THE SENATE [November 5, 2015] [No. 102 Brandenburg Hood Marleau Schuitmaker Casperson Hopgood Meekhof Shirkey Colbeck Horn Nofs Smith Emmons Hune Pavlov Stamas Green Jones Proos Zorn Gregory Knezek Nays—4 Johnson O’Brien Warren Young Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4904, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 641 and 646a (MCL 168.641 and 168.646a), section 641 as amended by 2015 PA 101 and section 646a as amended by 2013 PA 253. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 497 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 In The Chair: President Not Voting—0 No. 102] [November 5, 2015] JOURNAL OF THE SENATE 1805 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Senator Casperson offered to amend the title to read as follows: A bill to amend 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending sec­ tions 641, 646a, and 841 (MCL 168.641, 168.646a, and 168.841), section 641 as amended by 2015 PA 101, sec­tion 646a as amended by 2013 PA 253, and section 841 as amended by 1995 PA 261. The amendment to the title was adopted. The Senate agreed to the title as amended. The following bill was read a third time: House Bill No. 4039, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 78f and 78i (MCL 211.78f and 211.78i), section 78f as amended by 2003 PA 263 and section 78i as amended by 2006 PA 611, and by adding section 78s. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 498 Yeas—37 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hansen Nays—1 Johnson Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, 1806 JOURNAL OF THE SENATE [November 5, 2015] [No. 102 establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 177, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1301, 1311, 1312, 1315, 1325, 1333, 1341, 1343, 1351, 1355, and 1371 (MCL 500.1301, 500.1311, 500.1312, 500.1315, 500.1325, 500.1333, 500.1341, 500.1343, 500.1351, 500.1355, and 500.1371), sections 1301, 1312, 1315, 1351, and 1371 as amended by 1992 PA 182, section 1311 as amended by 2010 PA 61, section 1325 as amended by 1994 PA 227, section 1341 as amended by 1994 PA 443, and section 1343 as amended by 1995 PA 219, and by adding sections 1325a and 1357. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 499 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 178, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding chapter 17. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 102] [November 5, 2015] JOURNAL OF THE SENATE Roll Call No. 500 1807 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator Shirkey introduced Senate Bill No. 606, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2014 PA 40. The bill was read a first and second time by title and referred to the Committee on Finance. Senator Booher introduced Senate Bill No. 607, entitled A bill to amend 2005 PA 244, entitled “Deferred presentment service transactions act,” by amending section 2 (MCL 487.2122). The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved to reconsider the vote by which the following bill was passed: Senate Bill No. 491, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1233b and 1531i (MCL 380.1233b and 380.1531i), section 1233b as amended by 1995 PA 289 and section 1531i as added by 2009 PA 202. The motion prevailed, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1808 Roll Call No. 501 JOURNAL OF THE SENATE [November 5, 2015] [No. 102 Yeas—27 Booher Hildenbrand Marleau Schmidt Brandenburg Horn Meekhof Schuitmaker Casperson Hune Nofs Shirkey Colbeck Jones O’Brien Smith Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Rocca Excused—0 Not Voting—0 In The Chair: President By unanimous consent the Senate proceeded to the order of Statements Senators Colbeck and Ananich asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Colbeck’s statement is as follows: Today, I would like to talk a little bit about something I like to call the government’s Swiss Army knife. What if there was a way that state government could fix the roads, repair potholes in healthy Michigan, stretch school dollars, free up more resources for local government, and reform no-fault? How about one that would accelerate job growth? It turns out that one tool does it all. What is that tool? Direct primary care. What is direct primary care? It eliminates the middleman for routine health care services and refocuses health care on the doctor-patient relationship. It provides better care for less money; in fact, over 20 percent less. Michigan is now seeing rapid growth in direct primary care service providers in the wake of the passage of my bill, Michigan Public Act No. 522 of 2014, to protect these providers from insurance regulations—a very simple bill. Since its passage, an estimated 150 doctors have already adopted the direct primary care business model in the state of Michigan, and more are contacting our office as word spreads. Direct primary care is good for doctors, good for patients, and good for employers seeking quality health care options for their employees. How could it help fix our government policy potholes? We spend $334 million per year to provide health insurance for over 51,000 state employees. A 20 percent savings frees up $133 million per year. We spend $17 billion per year on Medicaid for over 2.4 million citizens of our 10 million citizens. A 20 percent savings frees up $3.4 billion per year, of which almost $1.4 billion comes from state revenue. We spend $1.25 billion per year on health care costs in education. A 20 percent savings frees up $250 million per year, or over $167 per pupil. We spend an estimated $775 million per year on local government health care. A 20 percent savings frees up $155 million per year for our communities to hire more policemen and firemen. Each of us spends $150 per vehicle per year on no-fault insurance. Health care services are the principal purpose of no-fault insurance. A 20 percent savings should reduce the cost of no-fault insurance by up to $30 per vehicle per year. A reduction of 20 percent in the liabilities for the current $18 billion Michigan Catastrophic Claims Association Fund would free up $3.6 billion for further reductions in insurance premiums. Last, but not least, Michigan businesses spend an estimated $31 billion per year on health care. A 20 percent savings frees up $6.2 billion per year for employers to invest in their employees and help their business achieve a competitive edge over businesses in other states. This would have a tremendous impact on job growth in Michigan. This job growth No. 102] [November 5, 2015] JOURNAL OF THE SENATE 1809 would in turn generate additional tax revenue to fill all of the potholes previously cited simply by getting more people back to work. In short, direct primary care could be used as a Swiss Army knife tool to fix many of the policy issues facing the state of Michigan. As we expand the use of this tool throughout our state, Michigan has an opportunity to be at the center of a free market health care revolution. This revolution will reverse today’s trends toward less care and more money to one that provides better care for less money. Now, isn’t that a worthy pursuit? enator Ananich’s statement is as follows: S I rise to speak about my formal request today for the Legislature, this body in particular, to begin comprehensive hearings into the Flint water crisis. Just this morning, we are seeing more headlines about the EPA’s warning of additional health risks or lead in the water. Reports like this only highlight that this is an ongoing problem and that the Legislature has a unique role and a responsibility in thoroughly examining what went wrong, what still needs to fixed, and how to ensure this sort of crisis never happens again. I appreciate my colleagues recently moving swiftly to dedicate emergency funds required to help switch to a safe water source and address some of the health problems our local doctors are already seeing. But this action just emphasizes that we, as elected officials, have an obligation to make sure that taxpayers’ dollars and any additional funds that are likely necessary are used appropriately and effectively. The fact that several reviews have been promised by other entities does not remove the need for us to exercise our oversight rule. It actually highlights the areas in which our investigation would strengthen the process. For example, each of the other suggested reviews are either agencies investigating themselves or experts who do not have the powers or accountability that elected officials have. We were elected by the people to help ensure their health and safety. That didn’t happen. We must go back home and explain to the people how we use the resources they provide us. These groups don’t. We can exercise subpoena power to make sure everyone who needs to be asked tough questions are forced to answer them. We can provide a public, transparent look at the issues that none of these approaches are guaranteed to deliver. The Senate hearings taking place before or at the same time as the other reviews, which are not likely to provide findings for several months, could uncover additional information that the bodies would have to consider. Colleagues, I am truly grateful for your earlier willingness to work with me and my community to begin tackling this problem, but I am concerned that without legislative action, we will not get the complete picture of what went wrong here, what has to happen to right this wrong, and how we eliminate the threat of this happening again or anywhere else. Our work is simply not complete until we fully exercise our obligation to ask the tough questions and enact the right solutions. I challenge all of us to support this proposal and ensure that not just Flint, but every community and every family in this state has safe drinking water, because every one of us needs to understand that what happened to my community could happen to yours too unless we act. Committee Reports The Committee on Appropriations reported Senate Bill No. 552, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3101 and 3122 (MCL 324.3101 and 324.3122), section 3101 as amended by 2006 PA 97 and section 3122 as amended by 2015 PA 82. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Stamas, Schuitmaker, Knollenberg, Proos, Nofs, Green and Marleau Nays: Senator Booher The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, November 4, 2015, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Excused: Senator Shirkey 1810 JOURNAL OF THE SENATE [November 5, 2015] [No. 102 COMMITTEE ATTENDANCE REPORT he Committee on Natural Resources submitted the following: T Meeting held on Wednesday, November 4, 2015, at 12:30 p.m., Room 210, Farnum Building Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, November 5, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov and Marleau Excused: Senator Hopgood Scheduled Meetings Appropriations Subcommittees Corrections and House Corrections Appropriations Subcommittee - Thursday, November 12, 8:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) State Police and Military Affairs - Tuesday, December 1, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Banking and Financial Institutions - Tuesday, November 10, 2:30 p.m., Room 100, Farnum Building (373-5323) Education - Tuesday, November 10, 12:00 noon, Room 110, Farnum Building (373-5314) Health Policy - Tuesday, November 10, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Judiciary - Tuesday, November 10, 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Local Government - Tuesday, November 10, 12:30 p.m., Room 100, Farnum Building (373-5312) Michigan State Capitol Commission - Monday, November 9, 11:00 a.m., Room H-65, Capitol Building (373-0184) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:19 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, November 10, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 103 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, November 10, 2015. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—excused O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1812 JOURNAL OF THE SENATE [November 10, 2015] [No. 103 Pastor Dan Smith of Jibson Immanuel Baptist Church of Ravenna offered the following invocation: Dear God, we thank You for this great country. It is the best government ever established in the history of mankind. We thank You, God, for the blessings of freedom and prosperity that You have richly bestowed upon us. We thank You for this beautiful state of Michigan. What a wonderful state You have given to us. We thank You, God, for these State Senators You have allowed to be elected to this position of authority and leadership. We honor and respect them here today. We ask You, God, to bless these Senators with wisdom that only comes from You. As they draft legislation, send it to committees, and vote on the Senate floor, bless them and the process to form laws that will be beneficial to the citizens of the state. Where there is a difference of opinion, help each Senator to reach across the aisle and find common ground and resolution. Bless them so that the final bill will be one that will help our quality of life to be better in this great state. Most of all, help them to draft legislation that will be pleasing to You, O God. Thank You, and will You please bless the men and women here today. We pray this in the name of our Lord and Savior Jesus Christ. Amen. The President pro tempore Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Booher entered the Senate Chamber. Senator Kowall moved that Senators Casperson, Green, Jones and Knollenberg be temporarily excused from today’s session. The motion prevailed. enator Kowall moved that Senator Nofs be excused from today’s session. S The motion prevailed. enator Hood moved that Senators Johnson and Young be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Hood admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. The Secretary announced the enrollment printing and presentation to the Governor on Monday, November 9, for his approval the following bills: Enrolled Senate Bill No. 244 at 10:54 a.m. Enrolled Senate Bill No. 245 at 10:56 a.m. Enrolled Senate Bill No. 246 at 10:58 a.m. Enrolled Senate Bill No. 414 at 11:00 a.m. The Secretary announced that the following bills were printed and filed on Thursday, November 5, and are available at the Michigan Legislature website: Senate Bill Nos. 596 597 598 599 600 601 602 603 604 605 606 607 House Bill Nos. 5046 5047 5048 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 The Secretary announced that the following bills were printed and filed on Friday, November 6, and are available at the Michigan Legislature website: House Bill Nos. 5063 5064 5065 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:04 a.m. No. 103] [November 10, 2015] JOURNAL OF THE SENATE 1813 11:52 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senators Jones, Green, Knollenberg, Young, Casperson and Johnson entered the Senate Chamber. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Messages from the Governor The following message from the Governor was received: Date: November 5, 2015 Time: 9:46 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 103 (Public Act No. 173), being An act to amend 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 1249 and 1249a (MCL 380.1249 and 380.1249a), section 1249 as amended by 2014 PA 257 and section 1249a as added by 2011 PA 102, and by adding sections 1249b, 1531j, and 1531k. (Filed with the Secretary of State on November 5, 2015, at 10:15 a.m.) Respectfully, Rick Snyder Governor The following message from the Governor was received on November 5, 2015, and read: EXECUTIVE ORDER No. 2015-14 Rescission of Executive Order 2015-12 Creation of Pipeline Safety Advisory Board Michigan Department of Environmental Quality WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that he considers necessary for efficient administration; and WHEREAS, it is important that the state of Michigan ensure that oil and gas development and transportation is balanced with protecting public health, safety, and natural resources; and WHEREAS, the state of Michigan recognizes the importance of oil and gas development, transportation, and use in the state’s economy; and 1814 JOURNAL OF THE SENATE [November 10, 2015] [No. 103 WHEREAS, state government leaders undertook an extensive review of the nexus between energy transmission and environmental protection with formation of the Michigan Petroleum Pipeline Task Force; and WHEREAS, a key finding of the task force was that effective coordination of state and local resources — including stakeholders in conservation and environment, oil and gas development, and transportation, and other state agencies dealing with energy production and transportation — is needed to provide necessary transparency and to implement other task force recommendations; and WHEREAS, establishment of a Pipeline Safety Advisory Board within the Michigan Department of Environmental Quality will advise and assist in the implementation of matters relating to hazardous liquid and gas pipeline safety, routing, construc­ tion, operation and maintenance, and provide recommendations for statutory, contractual, or procedural changes to improve the safety of pipelines in this state; and WHEREAS, this amended Order is a replacement of Executive Order 2015-12; NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I.  CREATION OF THE PIPELINE SAFETY ADVISORY BOARD A. The Pipeline Safety Advisory Board (the “Board”) is created as an advisory body to the Governor within the Michigan Department of Environmental Quality (the “Department”). B. The Board shall consist of the following 16 members who shall serve a term expiring on December 31, 2018. • The director of the Department of Environmental Quality, or his/her designee from within the Department of Environmental Quality; • The Attorney General, or his/her designee from within the Department of Attorney General; • The director of the Department of Natural Resources, or his/her designee from within the Department of Natural Resources; • The director of the Michigan State Police, or his/her designee from within the Department of State Police; • The executive director of the Michigan Agency for Energy, or his/her designee from within the Michigan Agency for Energy; • The chairperson of the Public Service Commission, or his/her designee from within the Public Service Commission; • An individual representing federal response and recovery agencies, or his/her designee from within that federal response and recovery agency, who shall be appointed by the Governor; • An individual representing an environmental group who shall be appointed by the Governor; • An individual who is an elected official of a tribal government located within Michigan that is recognized by and eligible to receive services from the United States Bureau of Indian Affairs who shall be appointed by the Governor; • An individual representing a statewide conservation group who shall be appointed by the Governor; • An individual representing pipeline operators who shall be appointed by the Governor; • An individual representing the oil and gas industry who shall be appointed by the Governor; • An individual representing public universities who shall be appointed by the Governor; • An individual representing the hospitality and tourism industry who shall be appointed by the Governor; • A technical consultant with experience in pipeline operations and safety who shall be appointed by the Governor; and • An individual representing the public who shall be appointed by the Governor. C. A vacancy on the Board occurring other than by expiration of the term designated in section I.B. shall be filled in the same manner as the original appointment for the balance of the unexpired term. II.  CHARGE TO THE BOARD A. The Board shall act in an advisory capacity to the Governor and shall do all of the following: 1. Review and make recommendations for statutory, regulatory, and contractual implementation of the Michigan Petroleum Pipeline Task Force Report. 2. Identify areas of best practice in pipeline safety and siting across the United States that could be implemented in Michigan. 3. Review and make recommendations on state policies and procedures regarding emergency response and planning for pipelines. 4. Review and make recommendations on state policies and procedures regarding pipeline siting. 5. Review information submitted to the state in response to the Michigan Petroleum Pipeline Task Force Report. 6. Provide recommendations to increase transparency and public engagement on pipelines. B. As directed by the Department Director, Department staff shall assist the Board with establishment of policies and procedures regarding the use of grants and other funds. C. The Board shall provide other information or advice as requested by the Governor or the Department. III.  OPERATIONS OF THE BOARD A. The Board shall be staffed and assisted by personnel from the Department as directed by the Department Director. Any budgeting, procurement, and related management functions of the Board shall be performed under the direction and supervision of the Department Director. No. 103] [November 10, 2015] JOURNAL OF THE SENATE 1815 B. The Governor shall designate the Chairperson(s) of the Board. C. The Board may select from among its members a Vice Chairperson. D. The Board may select from among its members a Secretary. Board staff shall assist the Secretary with recordkeeping responsibilities. E. The Board may create committees and advisory panels from among its members to assist in policymaking recom­men­ dations. F. A majority of the members of the Board serving constitutes a quorum for the transaction of the board’s business. The Board shall act in making its recommendations by a majority vote of its serving members. G. The Board shall adopt procedures consistent with Michigan law and this Order governing its organization and operations, and may establish committees and request public participation on advisory panels as the board deems necessary. The Board may adopt, reject, or modify any recommendations proposed by committees or advisory panels. H. The Board shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Board. I. In developing recommendations, the Board may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The Board may consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, organized labor, government agencies, and at institutions of higher education. J. Members of the Board shall serve without compensation but may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Michigan Civil Service Commission and the Department of Technology, Management and Budget, subject to available funding. K. The Board may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the board and the performance of its duties as the Department Director deems advisable and necessary, in accordance with this Order, and the relevant statutes, rules, and procedures of the Michigan Civil Service Commission and the Department of Technology, Management and Budget. L. The Board may accept donations of labor, services, or other things of value from any public or private agency or person. Any donations shall be expended in accordance with applicable laws, rules, and procedures. M. Members of the Board shall refer all legal, legislative, and media contacts to the Department. IV. MISCELLANEOUS A. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state may give to the Board, or to any member or representative of the Board, any necessary assistance required by the Board or any member or representative of the Board, in the performance of the duties of the Board so far as is compatible with its, his, or her duties. B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected by this Order shall not abate by reason of the taking effect of this Order. C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order. D. A member of the Pipeline Safety Advisory Board appointed and serving under section I.B. of Executive Order 2015-12 shall continue under this Order as a member of the Pipeline Safety Advisory Board. Any and all actions taken by the Pipeline Safety Advisory Board created in Executive Order 2015-12 are ratified and shall carry forward as though taken under this Order. E. The Board shall dissolve on December 31, 2018, at the expiration of the term of office of Board members provided in Section I.B. F. Executive Order 2015-12 is rescinded. This Executive Order shall become effective upon filing. Given under my hand and the Great Seal of the state of [SEAL] Michigan this 5th day of November, in the Year of our Lord Two Thousand Fifteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. The following messages from the Governor were received and read: November 4, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Community Service Commission Michael J. Hill of 10580 South Fritz Road, Maple City, Michigan 49664, county of Leelanau, representing the Superinten­ dent of Public Instruction, succeeding himself, is reappointed for a term expiring October 1, 2018. 1816 JOURNAL OF THE SENATE [November 10, 2015] [No. 103 November 5, 2015 I respectfully submit to the Senate the following appointment to office: Michigan State Capitol Commission Travis W. Weber of 13 Division Street S., Apt. 101, Grand Rapids, Michigan 49503, county of Kent, a representative of the Governor, succeeding Sally Durfee, is appointed for a term commencing November 14, 2015, and expiring at the pleasure of the Governor. November 5, 2015 I respectfully submit to the Senate the following appointment to office: Pipeline Safety Advisory Board Homer Austin Mandoka of 530 South Street, Bronson, Michigan 49028, county of Branch, representing an individual who is an elected official of a tribal government located within Michigan that is recognized by and eligible to receive services from the United States Bureau of Indian Affairs, is appointed for a term expiring December 31, 2018. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that rule 3.311 be suspended to permit reconsideration of the vote by which the substitute to the following bill, now on the order of Third Reading of Bills, was adopted: House Bill No. 4173 The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved to reconsider the vote by which the substitute (S-2) was adopted by the Committee of the Whole. The motion prevailed. Senator Kowall moved that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed. Senator Kowall moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today: Senate Bill No. 13 The motion prevailed, a majority of the members serving voting therefor. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Proos as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4248, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 13 (MCL 750.13); and to repeal acts and parts of acts. House Bill No. 4249, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by repealing sections 546, 547, 548, 549, 550, and 551 (MCL 750.546, 750.547, 750.548, 750.549, 750.550, and 750.551). House Bill No. 4250, entitled A bill to repeal 1935 PA 140, entitled “An act to prohibit endurance contests known as walkathons and similar endurance contests; to prescribe a penalty for the violation thereof, and to repeal Act No. 65 of the Public Acts of 1933,” (MCL 752.161 to 752.162). No. 103] [November 10, 2015] JOURNAL OF THE SENATE 1817 House Bill No. 4501, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 12m and 16e of chap­ ter XVII (MCL 777.12m and 777.16e), section 12m as amended by 2005 PA 54 and section 16e as added by 1998 PA 317. House Bill No. 4709, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 347 (MCL 750.347). House Bill No. 4710, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 74206 (MCL 324.74206), as added by 1995 PA 58. House Bill No. 4711, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 5 of chapter IX (MCL 769.5); and to repeal acts and parts of acts. Senate Bill No. 492, entitled A bill to amend 1974 PA 269, entitled “Franchise investment law,” (MCL 445.1501 to 445.1546) by adding section 4b. Senate Bill No. 493, entitled A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” (MCL 418.101 to 418.941) by adding section 120. Senate Bill No. 518, entitled A bill to amend 1982 PA 294, entitled “Friend of the court act,” by amending section 2 (MCL 552.502), as amended by 2009 PA 233. Senate Bill No. 519, entitled A bill to amend 1971 PA 174, entitled “Office of child support act,” by amending section 3 (MCL 400.233), as amended by 2014 PA 381. Senate Bill No. 520, entitled A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 2 (MCL 552.602), as amended by 2014 PA 373. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendments, the following bill: Senate Bill No. 110, entitled A bill to amend 1973 PA 139, entitled “An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; to provide methods for abolition of a unified form of county government; and to prescribe penalties and provide remedies,” by amending section 9 (MCL 45.559), as amended by 2003 PA 281. The following are the amendments recommended by the Committee of the Whole: 1. Amend page 3, line 23, after “BY” by striking out “JULY 1, 2015,” and inserting “APRIL 1, 2016,”. 2. Amend page 4, line 3, by striking out all of enacting section 1. The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. 1818 JOURNAL OF THE SENATE [November 10, 2015] [No. 103 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 279, entitled A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 71 (MCL 38.1371), as amended by 1996 PA 268. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 280, entitled A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending section 10 (MCL 423.210), as amended by 2014 PA 414. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4159, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 5o (MCL 28.425o), as amended by 2014 PA 206. Substitute (S-5). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 331, entitled A bill to amend 1986 PA 119, entitled “An act to regulate the business of buying or receiving used motor vehicle parts; to prescribe the powers and duties of certain state and local officers; and to provide penalties,” by amending sections 1, 2, and 4 (MCL 257.1351, 257.1352, and 257.1354), and by adding section 2a. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill: Senate Bill No. 363, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 32505 (MCL 324.32505), as added by 1995 PA 59. The following is the amendment recommended by the Committee of the Whole: 1. Amend page 4, following line 13, by inserting: “Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.”. The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 513, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 3a. No. 103] [November 10, 2015] JOURNAL OF THE SENATE 1819 Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4173, entitled A bill to amend 1993 PA 330, entitled “State real estate transfer tax act,” by amending sections 3 and 6 (MCL 207.523 and 207.526), as amended by 2008 PA 473. Substitute (S-2). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 4, line 9, after “a” by striking out the balance of the line and inserting “SPOUSE OR MARRIED COUPLE”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendments, the following bill: Senate Bill No. 368, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2012 PA 597. The following are the amendments recommended by the Committee of the Whole: 1. Amend page 16, line 20, after “both” by striking out “the husband and wife” and inserting “SPOUSES”. 2. Amend page 17, line 16, after “both” by striking out the balance of the line through “wife” on line 17 and inserting “SPOUSES”. The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill: Senate Bill No. 517, entitled A bill to make uniform the laws relating to support enforcement; and to repeal acts and parts of acts. The following is the amendment recommended by the Committee of the Whole: 1. Amend page 25, line 21, after “relationship” by striking out “of husband and wife” and inserting “between spouses”. The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Motions and Communications enator Kowall moved that rule 2.106 be suspended to allow committees to meet during Senate session. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess until 2:00 p.m. S The motion prevailed, the time being 12:14 p.m. The Senate reconvened at the expiration of the recess and was called to order by the Assistant President pro tempore, Senator O’Brien. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 2:01 p.m. 1820 JOURNAL OF THE SENATE [November 10, 2015] [No. 103 2:12 p.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. Senator Meekhof asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Meekhof’s statement is as follows: After 20 years of service, Assistant Sergeant at Arms Dan Jones is retiring to pursue his lifelong passion as a tai chi instructor. Over the course of many years, Dan has been building a successful private tai chi instruction business that has grown to a level requiring him to travel and devote his full time and attention. Dan will be moving to Virginia but will continue to travel for his business, providing instruction in other states and countries such as Singapore, England, and Switzerland. Dan came to the Senate in 1995, after working as a Lansing police officer, private detective, and executive protection officer for Michigan National Bank. The Senate has been the beneficiary of Dan’s many years of experience, and his talent, skills, and abilities will be missed. We sincerely thank Dan for his years of service to the Michigan Senate and wish him well in his new endeavor. Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: Senate Bill No. 110 Senate Bill No. 279 Senate Bill No. 280 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: Senate Bill No. 110, entitled A bill to amend 1973 PA 139, entitled “An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; to provide methods for abolition of a unified form of county government; and to prescribe penalties and provide remedies,” by amending section 9 (MCL 45.559), as amended by 2003 PA 281. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 502 Yeas—25 Booher Hildenbrand MacGregor Robertson Brandenburg Horn Marleau Schmidt Casperson Hune Meekhof Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen Nays—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Rocca No. 103] [November 10, 2015] JOURNAL OF THE SENATE 1821 Excused—1 Nofs Not Voting—1 Smith In The Chair: O’Brien The Senate agreed to the title of the bill. Protests Senators Gregory, Young, Hertel, Ananich, Hood, Johnson and Bieda, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 110. Senators Gregory and Bieda moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.” The motion prevailed. Senator Gregory’s statement, in which Senators Young, Hertel, Ananich, Hood and Johnson concurred, is as follows: I would like to begin with a quote: “Individual rights are not subject to a public vote; a majority has no right to vote away the rights of the minority; the political function of rights is precisely to protect minorities from oppression by majorities (and the smallest majority on earth is the individual).” Ayn Rand. Colleagues, I rise to speak against Senate Bill No. 110 and, more importantly, to stand in support of Oakland County voters from both sides of the aisle who are sick and tired of this body interfering with their democratic rights. What about the voice of Oakland County voters? This legislation would change the elections of the Oakland County executive to nonpresidential election years. As both a resident and an elected official of Oakland County, I just don’t understand why the Senate majority doesn’t trust the voters of Oakland County to make decisions on our own. I say to you, let the Oakland County Board of Commissioners put the question to the voters. As most of you know, there are four county executives in this state—Bay County, Oakland, Macomb, and Wayne. Bay County and Oakland have the same election cycle which is when the most voters are at the polls. This is when most elections should be held. Why is there a need for change without a vote of the people? There is no logical or legitimate reason for this change. It is purely political. On behalf of our democracy and the people of Oakland County, I strongly oppose this legislation, and I urge all of you to do the same. enator Bieda’s statement is as follows: S This is such a patently political bill and something this body often does at the end of the night. I do give you credit for taking it up in the middle of the day. It is just a bad idea. It is usurping the rights of the voters of this state with total disregard for local control. This is really almost criminal, and I urge a “no” vote. The following bill was read a third time: Senate Bill No. 279, entitled A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 71 (MCL 38.1371), as amended by 1996 PA 268. The question being on the passage of the bill, Senator Hood moved that Senator Smith be temporarily excused from the balance of today’s session. The motion prevailed. 1822 JOURNAL OF THE SENATE [November 10, 2015] [No. 103 Senator Knezek offered the following amendment: 1. Amend page 7, following line 4, by inserting: “Enacting section 2. The legislature shall annually appropriate sufficient funds from the state general fund to the state school aid fund created in section 11 of article IX of the state constitution of 1963 to fully compensate for any additional unfunded actuarial accrued liability contributions from the state school aid fund under section 41 resulting from the enactment of this amendatory act.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 503 Ananich Bieda Gregory Yeas—12 Hertel Hood Hopgood Johnson Rocca Jones Warren Knezek Young Nays—24 Booher Hansen MacGregor Robertson Brandenburg Hildenbrand Marleau Schmidt Casperson Horn Meekhof Schuitmaker Colbeck Hune O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Excused—2 Nofs Smith Not Voting—0 In The Chair: O’Brien Senator Smith entered the Senate Chamber. he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 504 Yeas—25 Booher Hildenbrand MacGregor Robertson Brandenburg Horn Marleau Schmidt Casperson Hune Meekhof Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen No. 103] [November 10, 2015] JOURNAL OF THE SENATE 1823 Nays—12 Ananich Hertel Johnson Smith Bieda Hood Knezek Warren Gregory Hopgood Rocca Young Excused—1 Nofs Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 280, entitled A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending section 10 (MCL 423.210), as amended by 2014 PA 414. The question being on the passage of the bill, Senator Knezek offered the following amendment: 1. Amend page 3, following line 2, by inserting: “(G) SUBDIVISION (F) DOES NOT APPLY TO: (i) RELEASE TIME FOR ACTIVITIES GERMANE TO COLLECTIVE BARGAINING, CONTRACT ADMINISTRATION, GRIEVANCE ADJUSTMENT, OR ANY OTHER DUTIES OF AN EXCLUSIVE BARGAINING REPRESENTATIVE. (ii) RELEASE TIME FOR JOINT LABOR-MANAGEMENT ACTIVITIES DESIGNED TO ADDRESS WORKPLACE ISSUES. (iii) RELEASE TIME FOR PROVIDING INFORMATION CONCERNING LEGISLATION TO MEMBERS OF THE MICHIGAN LEGISLATURE OR THEIR STAFF.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 505 Yeas—17 Ananich Hertel Jones Smith Bieda Hood Knezek Warren Casperson Hopgood O’Brien Young Gregory Johnson Rocca Zorn Hansen Nays—20 Booher Hildenbrand Brandenburg Horn MacGregor Robertson Marleau Schmidt 1824 JOURNAL OF THE SENATE [November 10, 2015] Colbeck Emmons Green [No. 103 Hune Meekhof Schuitmaker Knollenberg Pavlov Shirkey Kowall Proos Stamas Excused—1 Nofs Not Voting—0 In The Chair: O’Brien Senator Hertel offered the following amendment: 1. Amend page 7, following line 19, by inserting: “(E) THE CHANGES MADE BY THE AMENDATORY ACT THAT ADDED THIS SECTION DO NOT APPLY IF THEY VIOLATE FEDERAL STATUTE.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 506 Ananich Bieda Casperson Gregory Yeas—16 Hertel Hood Hopgood Johnson Jones Smith Knezek Warren O’Brien Young Rocca Zorn Nays—21 Booher Hildenbrand MacGregor Robertson Brandenburg Horn Marleau Schmidt Colbeck Hune Meekhof Schuitmaker Emmons Knollenberg Pavlov Shirkey Green Kowall Proos Stamas Hansen Excused—1 Nofs Not Voting—0 In The Chair: O’Brien he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: No. 103] [November 10, 2015] JOURNAL OF THE SENATE Roll Call No. 507 1825 Yeas—20 Booher Hansen MacGregor Robertson Brandenburg Hildenbrand Marleau Schmidt Colbeck Hune Meekhof Schuitmaker Emmons Knollenberg Pavlov Shirkey Green Kowall Proos Stamas Nays—17 Ananich Hood Jones Smith Bieda Hopgood Knezek Warren Casperson Horn O’Brien Young Gregory Johnson Rocca Zorn Hertel Excused—1 Nofs Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. Protests Senators Gregory, Johnson, Bieda, Knezek, Ananich, Young, Hood and Hertel, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 280. Senators Gregory, Bieda, Knezek, Ananich and Hood moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.” The motion prevailed. Senator Gregory’s statement, in which Senator Johnson concurred, is as follows: The reason I am voting “no” on this bill is because in a former life, I was a union president and vice president. We would negotiate when the employer would agree that the representatives in the building could conduct union business during work hours. What this bill would do is eliminate that. I wonder if people have really thought through the entire process and what this will really mean. If an employee comes in and perhaps has had too much to drink, the employer calls that employee in but can no longer call the union steward in because he is no longer being paid. So as long as the employer is paying them, they have control over the union steward and can say we need you to sit in on this hearing before we suspend this person. Without the employer making any payments to the union, the union officer will now be able to say he won’t lose any of his time representing, and you will have to wait for someone from the union. This could be at the end of the shift or even the next day. This bill will hurt more than just unions; it will hurt management and school districts. If you cannot call a union representa­tive in to represent a teacher, you will create more of a problem. That is what this bill will do, create more problems than it will help to resolve. To me, this is really going to create something where the Legislature will have to come back and revisit this at some point because schools don’t have anyone to address these issues. For these reasons and many more, I will be voting “no,” and I urge you to do the same. 1826 JOURNAL OF THE SENATE [November 10, 2015] [No. 103 enator Bieda’s statement is as follows: S I am also standing in opposition of this bill. Some of you don’t know that in my life as an attorney, I at one time was the director of labor relations for a major municipality. I did that for about three years. I negotiated a lot of contracts on the management side. I see the value of the system that we have right now. Collective bargaining is a collaborative process. It is meant to make better public sector working conditions. There is also a management component to this that I don’t think the sponsor—he has a very shortsighted approach on this bill—fully appreciates the fact that having union representatives help work with management on issues that may arise in the workplace and will alleviate a lot of different problems. Some may look at it as the black and white of union versus management, but it is a little bit more complex than that. There are some very good advantages to having the existing system for allowing this. I think collective bargaining is a very important process and so is local control which this bill undermines drastically. I think that it’s something from my experience working on the management side in doing labor relations, that there was a very valuable process to have that ability to have union members represent, not only in negotiations, but in all the other issues that come up in the workplace. For that reason, I urge my colleagues to take a very thoughtful approach on this bill, and consider it in a little bit broader context than you may be looking at it in. I would certainly appreciate it, and I think it would be a smart move to vote “no” on this bill at this time. enator Knezek’s statement, in which Senators Ananich and Young concurred, is as follows: S You know, we are all entitled to our own opinions in this chamber, but unfortunately, we are not entitled to our own facts. I want to speak just briefly about the facts of Senate Bill No. 280 and what it does. Let’s look at the employees affected by this bill. They continue to go on leave without the accrual of any pension credits during their leave, and those costs get shifted to the School Aid Fund because the salaries would be removed from the pension system. So we are stranding these costs currently remitted to the system by outside organizations. The stranding of that payroll, according to the nonpartisan Senate Fiscal Agency—not the majority party or the minority party—the costs of this bill results in a $900,000 hit to the School Aid Fund. That cost will remain as long as the payroll is stranded and until the unfunded accrued liabilities in the pension system are eliminated. This bill, in essence, forces issues like contract negotiations, grievance hearings, and more to take place after normal working hours or even on the weekends. It would require the public employer to pay management officials an overtime salary just to attend those meetings that no longer occur during business hours, because the union officials are prohibited by this bill to attend at those very times. So not only are we taking a $900,000 hit to the fund, we are looking to damage the integrity of labor organizations in the state, and we are looking to increase the wages we are trying to pay to management officials. The facts behind Senate Bill No. 280 are that it is a solution in search of a problem. Union organizations already reimburse the public employers for salaries paid to union officials applicable to the time taken out of their workday to conduct union business on behalf of their organizations. There is no additional cost to the public employers as a result of our current way of conducting business. There is a reason labor organizations and business organizations alike oppose Senate Bill No. 280. This bill changes that so union officials cannot take time during the workday for these meetings. They want to force it to be at a time inconvenient to them and the people of Michigan. I ask my colleagues to think very carefully before voting on this legislation because it is, again, a solution in search of a problem. enator Ananich’s statement is as follows: S I think we all need to put facts where they are and put this basically to brass tacks. This is nothing more than another bill in a long line of bills attacking collective bargaining. That’s all it is; that’s all it ever was. To say this is some sort of savings to taxpayers, grievances will still be grieved, and now they will be grieved after hours. Taxpayers will have to cover the bill for the management side. The unions will still cover their side. What you are doing is putting more burden, as my colleague said earlier, on the taxpayers and more burden on management. This has nothing to do with saving money. This is nothing more than a long line of vindictive practices going after labor unions. enator Hood’s statement is as follows: S The first question I ask to the body is: How many of you have worked in a union shop? If you haven’t, you don’t know what you’re talking about. I have worked in a union shop, and I have been in situations where there has been a safety issue in which the employer was telling me to go inside where an automated robot works and was demanding me to go in there, in an unsafe environment where I was not trained to go into that environment. This happens all the time. The only course of action that I had to keep me from having to be forced to go into that area was I had the opportunity to call my representative, my committee person, to come over and represent me and prove to the company that I did not have to go in there, because I wasn’t a skilled, trained operator. I was not licensed to go into that area, but they still wanted me to go into that area. No. 103] [November 10, 2015] JOURNAL OF THE SENATE 1827 To me, this can be considered a safety issue. All of you want to go home safely. You want to leave here and go home and be safe, but so do those employees. They want to go home and be safe. They want to go home from that job without missing an arm, a leg, a finger, or being permanently damaged by what could happen by this legislation being put through. It’s just common sense, folks, protecting people. That is our job here as legislators to protect people and not put them in harm’s way. This bill will put them in harm’s way. enator Hertel’s statement is as follows: S To be clear, the bill that just passed is an attack on workers and our collective bargaining rights and is an unfunded mandate to our schools and local government. Maybe more importantly, this bill is also in conflict with federal law that puts hundreds of millions of dollars of federal transit funds at risk. The Federal Transit Administration is governed by 49 USC Chapter 53. Section 5333 of this federal law sets out collective bargaining requirements for agencies that receive federal transit funds. Colloquially known as 13(c) language, it states that public transit agencies must certify that they will protect the continuation of collective bargaining rights and abide by provisions that uphold the protection of individual employees against a worsening of their positions related to employment. This section is reprinted in its entirely. There is a risk that the enactment of Senate Bill No. 280 would jeopardize the ability of the U.S. Department of Labor to certify that 13(c) protections are being followed. In that case, Michigan public transit agencies would be at risk of losing millions of dollars in federal transit funds. To get an idea of the severity of that risk, this is a list of items you just put at risk: In Detroit, the Department of Transportation stands to lose $50,806,000; Suburban Mobility Authority, which is over in Macomb, $48392,000; Capital Area Transit Authority, which is in my district, $6,300,000; in Grand Rapids, Kent County, $15,807,000; Kalamazoo, $2,100,000; Jackson, $1.2 million; and Battle Creek, $1.6 million. The labor protections afforded by Section 13(c) allow changes in pay and benefits so long as those changes are made through collective bargaining. This was not collective bargaining. When the Legislature unilaterally mandates changes in pay, benefits, or pensions, such a change is contrary to the 13(c) requirements. Mandating those changes in a manner that disregards collective bargaining means the transit agencies would not be able to continue collective bargaining rights of their employees as required by Section 13(c). Without the Department of Labor’s certification of continued bargaining rights, the Federal Transit Administration is not permitted to provide further transit funding. The Department of Labor has held that substantially limit­ing the scope of collective bargaining rights over mandatory and/or traditional subjects of bargaining violates Section 13(c) and thus precludes certification by the Department of Labor. Federal labor policy defines the substantive meaning of the collective bargaining rights that must be continued for purposes of Section 13(c). Moreover, it is well-established under federal labor law that paid time to union officials for performance of union duties is a mandatory subject of bargaining rights under the National Labor Relations Act. Put it bluntly, prohibiting collective bargaining agreements that allow for a public transit employer to pay for union leave time for transit employees would threaten continued federal transit funding. So congratulations to all of you in the room who voted for this when we lose over $116 million in transit money next year. Let your constituents know you voted “yes.” Senator Knollenberg asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Knollenberg’s statement is as follows: Senate Bill No. 280 is about keeping money in the classroom. This bill will prohibit the practice of taxpayer leave time by public employers. Union leave time is still allowed, but taxpayers shouldn’t foot the bill for union work, and this legislation will put a stop to this practice. Every dollar is precious, and every dollar spent on union activity is a dollar taken away from the classroom. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 2:55 p.m. 4:04 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. 1828 JOURNAL OF THE SENATE [November 10, 2015] [No. 103 By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Proos as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 552, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3101 and 3122 (MCL 324.3101 and 324.3122), section 3101 as amended by 2006 PA 97 and section 3122 as amended by 2015 PA 82. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: Senate Bill No. 552 Senate Bill No. 492 Senate Bill No. 493 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: Senate Bill No. 552, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3101 and 3122 (MCL 324.3101 and 324.3122), section 3101 as amended by 2006 PA 97 and section 3122 as amended by 2015 PA 82. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 508 Booher Brandenburg Casperson Emmons Gregory Hansen Yeas—23 Hertel Kowall Robertson Hildenbrand MacGregor Schmidt Horn Marleau Schuitmaker Hune Meekhof Stamas Knezek O’Brien Zorn Knollenberg Proos Nays—12 Ananich Hood Jones Smith Bieda Hopgood Pavlov Warren Colbeck Johnson Rocca Young Excused—1 Nofs No. 103] [November 10, 2015] JOURNAL OF THE SENATE 1829 Not Voting—2 Green Shirkey In The Chair: Schuitmaker enator Kowall moved to reconsider the vote by which the bill was passed. S The motion prevailed, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 509 Yeas—25 Booher Hertel Kowall Robertson Brandenburg Hildenbrand MacGregor Schmidt Casperson Horn Marleau Schuitmaker Emmons Hune Meekhof Shirkey Green Knezek O’Brien Stamas Gregory Knollenberg Proos Zorn Hansen Nays—12 Ananich Hood Jones Smith Bieda Hopgood Pavlov Warren Colbeck Johnson Rocca Young Excused—1 Nofs Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 492, entitled A bill to amend 1974 PA 269, entitled “Franchise investment law,” (MCL 445.1501 to 445.1546) by adding section 4b. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 510 Yeas—27 Booher Hildenbrand Marleau Schmidt Brandenburg Horn Meekhof Schuitmaker 1830 JOURNAL OF THE SENATE [November 10, 2015] [No. 103 Casperson Hune O’Brien Shirkey Colbeck Jones Pavlov Smith Emmons Knollenberg Proos Stamas Green Kowall Robertson Zorn Hansen MacGregor Rocca Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Excused—1 Nofs Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. Protest Senator Young, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 492 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.” The motion prevailed. Senator Young’s statement is as follows: I just want to say in the city of Detroit, 40 percent of the people are facing water shutoffs, 25 percent are facing foreclosures, 67 percent struggle to pay the bills with two people living in the household, 30 percent don’t have access to transportation, and the only thing to make sure that workers in this state get a fair shake is their right to organize and their right to be heard. We are taking that away from them today. Who are we to do that? Haven’t the workers of this state been through enough? Haven’t they had their pensions taken enough? Haven’t they had their wages taken enough? Haven’t they had their houses taken enough? Haven’t they had their cars repossessed enough? Haven’t they had to just scrape by to make $1 out of 15 cents enough? When is enough enough? I say today, right here in this chamber, let this be the day where Republicans and Democrats, liberals and conservatives, came together and said for the greater good enough is enough, and no more union busting for the sake of union busting. Madam President, I just want to say in conclusion, please, I ask you, I implore you, do not pass this legislation. Our people have been through too much. I have 47 percent of the city that is functionally illiterate. I have auto insurance that is the highest in the country. There are lots of other issues we need to deal with. Busting the unions, which have provided Social Security, Medicare, wages, workers’ rights, and the weekend, should not be on our priority list. We need to get our act together, and stop acting brand-new up here, Madam President. I ask you, please do not pass this legislation. The following bill was read a third time: Senate Bill No. 493, entitled A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” (MCL 418.101 to 418.941) by adding section 120. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 103] [November 10, 2015] JOURNAL OF THE SENATE Roll Call No. 511 1831 Yeas—26 Booher Horn Meekhof Schmidt Brandenburg Hune O’Brien Schuitmaker Colbeck Jones Pavlov Shirkey Emmons Knollenberg Proos Smith Green Kowall Robertson Stamas Hansen MacGregor Rocca Zorn Hildenbrand Marleau Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Excused—1 Nofs Not Voting—1 Casperson In The Chair: Schuitmaker The Senate agreed to the title of the bill. Protest Senator Hertel, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill Nos. 492 and 493 and moved that the statement he made during the discussion of Senate Bill No. 492 be printed as his reasons for voting “no.” The motion prevailed. Senator Hertel’s statement is as follows: Colleagues, I rise to offer my “no” vote explanation on Senate Bill Nos. 492 and 493. My colleagues on the other side of the aisle think we need to clarify the relationship between franchisees and franchisors based on a recent Browning-Ferris ruling by the National Labor Relations Board. However, that specific ruling only applies to joint employers with temporary workers. As a result, this bill is trying to solve a problem that doesn’t even exist. Let’s take a step back here. The National Labor Relations Act and its enforcement agency, the National Labor Relations Board, already safeguard employees’ rights with regard to collective bargaining and unfair labor practices. They’re highly qualified to address these nuanced labor issues on a case-by-case basis; whereas, this bill attempts to make a sweeping application. Courts agree, they’ve consistently frowned upon states’ patchwork attempts to skirt the National Labor Relations Board, and they surely will do the same for Senate Bill No. 492. The Legislature should not step over the National Labor Relations Board to shield corporations from their franchise obligations and protect Big Business from the so-called threat of collective bargaining. If you want to amend federal law, you should run for Congress. I know some of us already are. This law is an assault against the authority of the National Labor Relations Board, and I strongly urge you to reject it. 1832 JOURNAL OF THE SENATE [November 10, 2015] [No. 103 enator Kowall moved that Senator Casperson be excused from the balance of today’s session. S The motion prevailed. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Proos as Chairperson. Recess enator Kowall moved that the Committee of the Whole recess subject to the call of the Chairperson. S The motion prevailed, the time being 4:26 p.m. 4:33 p.m. The Committee of the Whole was called to order by the Chairperson, Senator Proos. After some time spent therein, the Committee arose; and, the President pro tempore, Senator Schuitmaker resumed the Chair. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage: House Bill No. 4159 House Bill No. 4173 Senate Bill No. 368 Senate Bill No. 517 Senate Bill No. 518 Senate Bill No. 519 Senate Bill No. 520 The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 471 House Bill No. 4836 House Bill No. 4159 House Bill No. 4173 Senate Bill No. 368 Senate Bill No. 517 Senate Bill No. 518 Senate Bill No. 519 Senate Bill No. 520 The motion prevailed. The following bill was read a third time: Senate Bill No. 471, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8134 (MCL 600.8134), as amended by 2014 PA 60. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 103] [November 10, 2015] JOURNAL OF THE SENATE Roll Call No. 512 1833 Yeas—36 Ananich Hertel Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Marleau Shirkey Colbeck Horn Meekhof Smith Emmons Hune O’Brien Stamas Green Johnson Pavlov Warren Gregory Jones Proos Young Hansen Knezek Robertson Zorn Nays—0 Excused—2 Casperson Nofs Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4836, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1204f (MCL 500.1204f), as added by 2006 PA 442, and by adding section 3908 and chapter 39A. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 513 Yeas—36 Ananich Hertel Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Marleau Shirkey Colbeck Horn Meekhof Smith Emmons Hune O’Brien Stamas Green Johnson Pavlov Warren Gregory Jones Proos Young Hansen Knezek Robertson Zorn Nays—0 Excused—2 Casperson Nofs 1834 JOURNAL OF THE SENATE [November 10, 2015] [No. 103 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4159, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 5o (MCL 28.425o), as amended by 2015 PA 16. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 514 Bieda Booher Yeas—28 Hildenbrand Horn MacGregor Rocca Marleau Schmidt No. 103] [November 10, 2015] JOURNAL OF THE SENATE 1835 Brandenburg Hune Meekhof Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knezek Pavlov Smith Green Knollenberg Proos Stamas Hansen Kowall Robertson Zorn Nays—8 Ananich Gregory Hertel Hood Hopgood Warren Johnson Young Excused—2 Casperson Nofs Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4173, entitled A bill to amend 1993 PA 330, entitled “State real estate transfer tax act,” by amending sections 3 and 6 (MCL 207.523 and 207.526), as amended by 2008 PA 473. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 515 Yeas—36 Ananich Hertel Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Marleau Shirkey Colbeck Horn Meekhof Smith Emmons Hune O’Brien Stamas Green Johnson Pavlov Warren Gregory Jones Proos Young Hansen Knezek Robertson Zorn Nays—0 Excused—2 Casperson Nofs 1836 JOURNAL OF THE SENATE [November 10, 2015] [No. 103 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Senator Kowall moved to reconsider the vote by which the bill was passed. The motion prevailed, a majority of the members serving voting therefor. The question being on the passage of the bill, Senator Knezek offered the following amendment: 1. Amend page 7, following line 14, by inserting: “Enacting section 1. The legislature shall annually appropriate sufficient funds from the state general fund to the state school aid fund created in section 11 of article IX of the state constitution of 1963 to fully compensate for any loss of revenue to the state school aid fund resulting from the enactment of this amendatory act.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 516 Ananich Bieda Gregory Yeas—12 Hertel Hood Hopgood Johnson Rocca Jones Warren Knezek Young Nays—24 Booher Hildenbrand Marleau Schmidt Brandenburg Horn Meekhof Schuitmaker Colbeck Hune O’Brien Shirkey Emmons Knollenberg Pavlov Smith Green Kowall Proos Stamas Hansen MacGregor Robertson Zorn Excused—2 Casperson Nofs Not Voting—0 In The Chair: Schuitmaker he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 517 Ananich Bieda Yeas—36 Hertel Knollenberg Rocca Hildenbrand Kowall Schmidt No. 103] [November 10, 2015] JOURNAL OF THE SENATE Booher Hood Brandenburg Hopgood Colbeck Horn Emmons Hune Green Johnson Gregory Jones Hansen Knezek 1837 MacGregor Schuitmaker Marleau Shirkey Meekhof Smith O’Brien Stamas Pavlov Warren Proos Young Robertson Zorn Nays—0 Excused—2 Casperson Nofs Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to impose a state tax on the transfer of an interest in real property; to provide for the administration of this act; to prescribe the powers and duties of certain state and local officers; to provide for the collection and distribution of the tax; and to prescribe penalties and provide remedies,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 368, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2012 PA 597. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 518 Yeas—36 Ananich Hertel Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Marleau Shirkey Colbeck Horn Meekhof Smith Emmons Hune O’Brien Stamas Green Johnson Pavlov Warren Gregory Jones Proos Young Hansen Knezek Robertson Zorn Nays—0 1838 JOURNAL OF THE SENATE [November 10, 2015] [No. 103 Excused—2 Casperson Nofs Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 517, entitled A bill to make uniform the laws relating to support enforcement; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 519 Yeas—33 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Shirkey Brandenburg Horn Meekhof Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—3 Colbeck Hune Schuitmaker Excused—2 Casperson Nofs Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 518, entitled A bill to amend 1982 PA 294, entitled “Friend of the court act,” by amending section 2 (MCL 552.502), as amended by 2009 PA 233. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 103] [November 10, 2015] JOURNAL OF THE SENATE Roll Call No. 520 1839 Yeas—32 Ananich Hertel Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Shirkey Brandenburg Hopgood Marleau Smith Emmons Horn Meekhof Stamas Green Johnson Pavlov Warren Gregory Jones Proos Young Hansen Knezek Robertson Zorn Nays—4 Colbeck Hune O’Brien Schuitmaker Excused—2 Casperson Nofs Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 519, entitled A bill to amend 1971 PA 174, entitled “Office of child support act,” by amending section 3 (MCL 400.233), as amended by 2014 PA 381. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 521 Ananich Bieda Booher Emmons Green Gregory Hansen Hertel Yeas—31 Hildenbrand Kowall Schmidt Hood MacGregor Shirkey Hopgood Marleau Smith Horn Meekhof Stamas Johnson Pavlov Warren Jones Proos Young Knezek Robertson Zorn Knollenberg Rocca Nays—5 Brandenburg Hune O’Brien Schuitmaker Colbeck 1840 JOURNAL OF THE SENATE [November 10, 2015] [No. 103 Excused—2 Casperson Nofs Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 520, entitled A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 2 (MCL 552.602), as amended by 2014 PA 373. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 522 Yeas—30 Ananich Hood MacGregor Schmidt Bieda Hopgood Marleau Shirkey Booher Horn Meekhof Smith Emmons Johnson Pavlov Stamas Gregory Jones Proos Warren Hansen Knezek Robertson Young Hertel Knollenberg Rocca Zorn Hildenbrand Kowall Nays—6 Brandenburg Green O’Brien Schuitmaker Colbeck Hune Excused—2 Casperson Nofs Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. No. 103] [November 10, 2015] JOURNAL OF THE SENATE 1841 By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. enator Kowall offered the following concurrent resolution: S Senate Concurrent Resolution No. 18. A concurrent resolution prescribing the legislative schedule. Resolved by the Senate (the House of Representatives concurring), That when the Senate adjourns on Tuesday, November 10, 2015, it stands adjourned until Tuesday, December 1, 2015, at 10:00 a.m.; and be it further Resolved, That when the House of Representatives adjourns on Tuesday, November 10, 2015, it stands adjourned until Tuesday, December 1, 2015, at 1:30 p.m. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The concurrent resolution was adopted. enate Resolution No. 105. S A resolution to encourage the President and Congress of the United States and the U.S. Office of Management and Budget to support plans to upgrade the Soo Locks at Sault Ste. Marie, Michigan, and approve the U.S. Army Corps of Engineers’ request to fund preparation of an Economic Reevaluation Report. The question being on the adoption of the resolution, The resolution was adopted. enators Warren, Marleau, Booher, Green and Hansen offered the following resolution: S Senate Resolution No. 115. A resolution recognizing November 8-14, 2015, as National Nurse Practitioner Week. Whereas, There are more than 205,000 licensed nurse practitioners (NPs) in the United States, with 5,500 NPs practicing in the state of Michigan, providing high-quality, cost-effective, patient-centered, and personalized health care for nearly half a century; and Whereas, NPs have graduate, advanced education—most have master’s degrees, and an increasing number have doctorates—beyond their initial registered nurse preparation; and Whereas, NPs order, perform, and interpret diagnostic tests, diagnose and treat acute and chronic conditions, and prescribe medications and other treatments; and Whereas, 19 states and the District of Columbia have granted full practice authority to NPs, giving patients more direct access to the primary, acute, and specialty care services that NPs provide; and Whereas, NPs are truly partners in the health care of their patients, so that in addition to clinical services, NPs focus on health promotion, disease prevention, and health education and counseling, guiding patients to make smarter health and lifestyle choices; and Whereas, The excellence, safety, and cost-effectiveness of the care provided by NPs is established and well-documented; and Whereas, The faith and trust that patients have in NP-delivered health care is evidenced by the more than 916 million visits made to NPs annually; and Whereas, A majority of patients support legislation for greater access to NP services; and Whereas, NPs provide health care to people of all ages and in diverse health care settings, such as private office practices, hospitals, long-term care facilities, schools, state and local health departments, managed care facilities, and retail-based clinics; and Whereas, More than 18 percent of NPs practice in rural settings with populations of less than 25,000; and Whereas, It is documented that patients of NPs are given more personal time and attention than they traditionally receive from other health care providers; now, therefore, be it 1842 JOURNAL OF THE SENATE [November 10, 2015] [No. 103 Resolved by the Senate, That we hereby recognize November 8-14, 2015, as National Nurse Practitioner Week, in recognition of the many contributions this dedicated group of health care professionals make to the health and well-being of the people in the communities they serve in this great state and throughout the country; and be it further Resolved, That a copy of this resolution be transmitted to the Governor of the state of Michigan. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Brandenburg, Casperson, Kowall and MacGregor were named co‑sponsors of the resolution. Senator Warren asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Warren’s statement is as follows: Thank you, Madam President, for the opportunity to speak to my resolution recognizing November 8-14, 2015, as National Nurse Practitioner Week. There are more than 205,000 licensed nurse practitioners in the United States, with 5,500 nurse practitioners practicing here in the state of Michigan providing high-quality, cost-effective, patient-centered, and personalized health care for our citizens for nearly a century. Importantly, they are true partners in the health care of their patients. In addition to providing clinical services, they focus on health promotion, disease prevention, health education, and counseling, guiding patients to make smarter health and lifestyle choices. Throughout this work, they have earned the faith and trust of patients throughout the country, so much so, that 916 million visits annually are made to nurse practitioners. As we continue to address a shortage in quality health care providers, nurse practitioners serve people of all ages and in diverse health care settings, such as private office practices, hospitals, long-term care facilities, schools, state and local health departments, managed care facilities, and retail-based clinics. I think all of us who have family members and friends who are nurses and nurse practitioners know the sacrifices they make to put patients first. I think this resolution is but one small way we can acknowledge them and thank them for their work. Thank you, colleagues, for the opportunity to speak, and I hope you will join me in naming November 8-14 as Nurse Practitioner Week in the state of Michigan. enator Meekhof offered the following resolution: S Senate Resolution No. 116. A resolution honoring Art Van Elslander for his support of Detroit by saving its Thanksgiving Day Parade 25 years ago. Whereas, The Senate recognizes Art Van Elslander for his outstanding contribution to the state of Michigan for saving Detroit’s Thanksgiving Day Parade; and Whereas, In 1990, with the parade in financial ruin and scheduled for cancellation, Art Van Elslander generously donated $200,000 to fund the parade; and Whereas, Art Van Elslander then took an active and continued role in the preservation of this important Michigan tradition. Mr. Van Elslander’s continued involvement has ensured that this beloved Michigan institution will continue; and Whereas, Mr. Van Elslander is the chairman and founder of Art Van Furniture, opening his first store in 1959 at Gratiot Ave­ nue and 10 Mile Road. Art Van Furniture is now the largest independent furniture retailer in the United States; and Whereas, People across Michigan and the country have enjoyed America’s Thanksgiving Day Parade, and due to the efforts of Art Van Elslander, they will do so for generations to come; now, therefore, be it Resolved by the Senate, That we hereby honor Art Van Elslander for his dedication and generosity to the city of Detroit, the state of Michigan, and America’s Thanksgiving Day Parade; and be it further Resolved, That a copy of this resolution be transmitted to Art Van Elslander at his headquarters in Warren, Michigan. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. enator Casperson offered the following resolution: S Senate Resolution No. 117. A resolution to commemorate November 15, 2015, as Webster L. Marble Day. Whereas, Webster L. Marble was an early 20th century Upper Peninsula entrepreneur who founded Marble Safety Axe Company in Gladstone, which would become heralded internationally as an outdoor gear powerhouse, outfitting legions of hunters, anglers, campers, and hikers. He is also recognized as the Upper Peninsula’s great inventor; and No. 103] [November 10, 2015] JOURNAL OF THE SENATE 1843 Whereas, This declaration would coincide with the November 7, 2015, public opening of the Michigan Historical Museum’s new yearlong special exhibit – “Inventing the Outdoors” – that looks at the origins of the state’s love for outdoor recreation through the life and times of Webster L. Marble. With the exhibit opening happening near the opening day of firearm season in Michigan, a date that is significant to many hunters and outdoor enthusiasts, it is a natural fit to honor Webster Marble on November 15; and Whereas, Historians recognize that Webster Marble was a genius as an inventor, manufacturer, and one of the Upper Penin­ sula’s most successful business leaders; and Whereas, Marble marketed his creations across the globe and would eventually own more than 60 patents for outdoor products, including knives and compasses used by Commander Robert Peary in his expeditions, Theodore Roosevelt, and Charles Lindbergh during his first solo transatlantic flight; and Whereas, Troops in World War I were issued Marble-designed matchboxes, and both the Boy Scouts of America and the Girl Scouts of America adopted Marble’s knives as their official knife; and Whereas, His designs set the standard for the 20th century in the outdoor goods market, outfitting millions of outdoor enthusiasts with Michigan-made products that are still influential today; and Whereas, Mr. Marble helped advance the evolution of outdoor ethics and marketing that has influenced not only how we relate to the outdoors, but how we position and promote ourselves to the world through Pure Michigan; now, therefore, be it Resolved by the Senate, That November 15, 2015, be hereby commemorated as Webster L. Marble Day in the state of Michigan; and be it further Resolved, That a copy of this resolution be transmitted to the Michigan Historical Center. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Proos as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with amendments, the following bill: Senate Bill No. 13, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 736c, 782b, 795c, 803, and 804 (MCL 168.736c, 168.782b, 168.795c, 168.803, and 168.804), section 736c as added by 2012 PA 128, section 795c as amended by 1990 PA 109, and section 803 as amended by 2004 PA 92. The following are the amendments recommended by the Committee of the Whole: 1. Amend page 4, line 13, after “Sec. 795c.” by inserting “(1)”. 2. Amend page 4, following line 25, by inserting: “(2) FOR THE 2015-2016 FISCAL YEAR, $1,000,000.00 IS APPROPRIATED FROM THE GENERAL FUND TO THE DEPARTMENT OF STATE TO DO ALL OF THE FOLLOWING: (A) ASSESS THE IMPACT OF ELIMINATING STRAIGHT PARTY TICKET VOTING. (B) ASSIST IN ONGOING COMPLIANCE AND FRAUD PREVENTION IN ELECTIONS. (C) CONDUCT THOROUGH POST-ELECTION AUDITS OF SELECTED PRECINCTS AFTER EACH ELECTION. (D) PROVIDE REMEDIAL FOLLOW-UP WITH LOCAL ELECTION OFFICIALS TO CORRECT ANY ELECTION ERRORS AND TO CORRECT ANY COMPLIANCE ISSUES. (E) AUDIT FILE MAINTENANCE BY LOCAL ELECTION OFFICIALS. (F) PROVIDE EQUIPMENT TO FACILITATE THE INTEGRITY OF THE ELECTION PROCESS.”. The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. enator Kowall moved that rule 3.902 be suspended to allow the guest of Senator Hune admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. 1844 JOURNAL OF THE SENATE [November 10, 2015] [No. 103 By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar: Senate Bill No. 13 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: Senate Bill No. 13, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 736c, 782b, 795c, 803, and 804 (MCL 168.736c, 168.782b, 168.795c, 168.803, and 168.804), section 736c as added by 2012 PA 128, section 795c as amended by 1990 PA 109, and section 803 as amended by 2004 PA 92. The question being on the passage of the bill, Senator Warren offered the following amendment: 1. Amend page 1, following “THE PEOPLE OF THE STATE OF MICHIGAN ENACT:” by inserting: “Sec. 509t. (1) Notwithstanding another provision of law to the contrary, a person who is a qualified elector in this state and who registers to vote in a manner consistent with the national voter registration act of 1993 is considered a registered voter under this act. (2) A person who registers to vote in a jurisdiction in this state by mail shall vote in person and shall provide identification as required under section 303(b) of the help America vote act of 2002, 42 USC 15483, if that person has not previously voted in person in this state. This subsection does not apply to any of the following registered voters: (a) A person entitled to vote by absentee ballot under the uniformed and overseas citizens absentee voting act. (b) A person who has WITH a disability as defined in section 103 of the persons with disabilities civil rights act, 1976 PA 220, MCL 37.1103. , or, for purposes of voting in person only, a person who is 60 years of age or older. (c) A person who is entitled to vote other than in person under any other federal law. (D) AS TO THE REQUIREMENT TO VOTE IN PERSON ONLY, ANY OTHER PERSON WHO IS ENTITLED TO VOTE AS AN ABSENT VOTER AS DEFINED UNDER SECTION 758. (3) This section does not preclude this state from prosecuting a violation of this act that is also a violation of a federal election or voting rights law.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hansen requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 523 Yeas—15 Ananich Gregory Johnson Smith Bieda Hertel Knezek Warren Brandenburg Hood Rocca Young Emmons Hopgood Schuitmaker Nays—21 Booher Hune Marleau Robertson Colbeck Jones Meekhof Schmidt Green Knollenberg O’Brien Shirkey Hansen Kowall Pavlov Stamas Hildenbrand MacGregor Proos Zorn Horn Excused—2 Casperson Nofs No. 103] [November 10, 2015] JOURNAL OF THE SENATE 1845 Not Voting—0 In The Chair: Schuitmaker Senator Bieda offered the following amendment: 1. Amend page 3, following line 4, by inserting: “Sec. 758. (1) For the purposes of AS USED IN this act, “absent voter” means a qualified and registered elector who meets 1 or more of the following requirements: (a) On account of physical disability, cannot without another’s assistance attend VOTES WITHOUT ATTENDING the polls on the day of an election. (b) On account of the tenets of his or her religion, cannot attend the polls on the day of election. (c) Cannot attend the polls on the day of an election in the precinct in which he or she resides because of being an election precinct inspector in another precinct. (d) Is 60 years of age or older. (e) Is absent or expects to be absent from the township or city in which he or she resides during the entire period the polls are open for voting on the day of an election. (f) Cannot attend the polls on election day because of being confined in jail awaiting arraignment or trial. (2) Subsection (1) does not apply to ABSENT VOTER DOES NOT INCLUDE a person who has moved outside of this state, regardless of length of his or her residence outside of this state, and who no longer maintains an actual residence in this state. The storage of personal effects or household goods, the ownership of property that is rented or leased to others, or occasional brief visits to a former domicile in this state while residing outside of this state for most of the year does DO not constitute a residence for voting purposes in this state, except for each of the following: (a) A person described in section 1 of article II of the state constitution of 1963 and statutes enacted under that section. (b) A person described in section 759a. Sec. 759. (1) At any time during the 75 days before a primary or special primary, but not later than 2 p.m. of the Saturday immediately before the primary or special primary, an elector who qualifies WANTS to vote as an absent voter , as defined in section 758, may apply for an absent voter ballot. The elector shall apply in person or by mail with the clerk of the township, city, or village in which the elector is registered. An application received before a primary or special primary may be for either that primary only, or for that primary and the election that follows. (2) Except as otherwise provided in subsection (1), at anytime ANY TIME during the 75 days before an election, but not later than 2 p.m. of the Saturday before the election, an elector who qualifies WANTS to vote as an absent voter , as defined in section 758, may apply for an absent voter ballot. The elector shall apply in person or by mail with the clerk of the township, city, or village in which the voter is registered. (3) An application for an absent voter ballot under this section may be made in any of the following ways: (a) By a written request signed by the voter stating the statutory grounds for making the application.ELECTOR. (b) On an absent voter ballot application form provided for that purpose by the clerk of the city, township, or village. (c) On a federal postcard application. (4) An applicant for an absent voter ballot shall sign the application. A clerk or assistant clerk shall not deliver an absent voter ballot to an applicant who does not sign the application. A person shall not be in possession of a signed absent voter ballot application except for the applicant; a member of the applicant’s immediate family; a person residing in the applicant’s household; a person whose job normally includes the handling of mail, but only during the course of his or her employment; a registered elector requested by the applicant to return the application; or a clerk, assistant of the clerk, or other authorized election official. A registered elector who is requested by the applicant to return his or her absent voter ballot application shall sign the certificate on the absent voter ballot application. (5) The clerk of a city, township, or village shall have absent voter ballot application forms available in the clerk’s office at all times and shall furnish an absent voter ballot application form to anyone upon a verbal or written request. The absent voter ballot application shall be in substantially the following form: “Application for absent voter ballot for: [ ] The primary or special primary election to be held on ___________________ (Date). [ ] The election to be held on _______ (Date). (Check applicable election or elections) I, .................................. , a United States citizen and a qualified and registered elector of the ............ precinct of the township of ............ or village of ............ or of the ............ ward of the city of .................................. , in the county of .................................. and state of Michigan, apply for an official ballot, or ballots, to be voted by me at the election or elections as requested in this application. The statutory grounds on which I base my request are: [ ] I expect to be absent from the community in which I am registered for the entire time the polls are open on election day. 1846 JOURNAL OF THE SENATE [November 10, 2015] [No. 103 [ ] I am physically unable to attend the polls without the assistance of another. [ ] I cannot attend the polls because of the tenets of my religion. [ ] I have been appointed an election precinct inspector in a precinct other than the precinct where I reside. [ ] I am 60 years of age or older. [ ] I cannot attend the polls because I am confined to jail awaiting arraignment or trial. (Check applicable reason) Send absent voter ballot to me at: ...................................................................... (Street No. or R.R.) ......................................................................................................................................... (Post Office) (State) (Zip Code) My registered address ...................................................................................................... (Street No. or R.R.) ...................................................................................................... (Post Office) (State) (Zip Code) Date................................................................ I certify that I am a United States citizen and that the statements in this absent voter ballot application are true. ................................................. (Signature) WARNING ou must be a United States citizen to vote. If you are not a United States citizen, you will not be issued an absent Y voter ballot. A person making a false statement in this absent voter ballot application is guilty of a misdemeanor. It is a violation of Michigan election law for a person other than those listed in the instructions to return, offer to return, agree to return, or solicit to return your absent voter ballot application to the clerk. An assistant authorized by the clerk who receives absent voter ballot applications at a location other than the clerk’s office must have credentials signed by the clerk. Ask to see his or her credentials before entrusting your application with a person claiming to have the clerk’s authorization to return your application. Certificate of Authorized Registered Elector Returning Absent Voter Ballot Application I certify that my name is .................... , my address is .................... , and my date of birth is ............ ; that I am delivering the absent voter ballot application of .................... at his or her request; that I did not solicit or request to return the application; that I have not made any markings on the application; that I have not altered the application in any way; that I have not influenced the applicant; and that I am aware that a false statement in this certificate is a violation of Michigan election law. _____________ __________________________________ (Date) (Signature)” (6) The following instructions for an applicant for an absent voter ballot shall be included with each application furnished an applicant: INSTRUCTIONS FOR APPLICANTS FOR ABSENT VOTER BALLOTS tep 1. After completely filling out the application, sign and date the application in the place designated. Your signature S must appear on the application or you will not receive an absent voter ballot. Step 2. Deliver the application by 1 of the following methods: (a) Place the application in an envelope addressed to the appropriate clerk and place the necessary postage upon the return envelope and deposit it in the United States mail or with another public postal service, express mail service, parcel post service, or common carrier. (b) Deliver the application personally to the clerk’s office, to the clerk, or to an authorized assistant of the clerk. (c) In either (a) or (b), a member of the immediate family of the voter including a father-in-law, mother-in-law, brother‑in‑law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild or a person residing in the voter’s household may mail or deliver the application to the clerk for the applicant. (d) If an applicant cannot return the application in any of the above methods, the applicant may select any registered elector to return the application. The person returning the application must sign and return the certificate at the bottom of the application. No. 103] [November 10, 2015] JOURNAL OF THE SENATE 1847 (7) A person who prints and distributes absent voter ballot applications shall print on the application the warning, certificate of authorized registered elector returning absent voter ballot application, and instructions required by this section. (8) A person who makes a false statement in an absent voter ballot application is guilty of a misdemeanor. A person who forges a signature on an absent voter ballot application is guilty of a felony. A person who is not authorized in this act and who both distributes absent voter ballot applications to absent voters and returns those absent voter ballot applications to a clerk or assistant of the clerk is guilty of a misdemeanor. Sec. 759b. (1) Any A registered elector may apply for AN absent voter ballots BALLOT at any time prior to BEFORE 4 p.m. on election day if he shall have become physically disabled or shall be absent from the city or township because of sickness or death in the family which AN EVENT has occurred at a time which has THAT made it impossible to apply for AN absent voter ballots BALLOT by the statutory deadline. The application shall be called an emergency absent voter BALLOT application. (2) Emergency absent voter BALLOT applications may be made by letter or on a form PRESCRIBED BY THE SECRETARY OF STATE AND provided by the clerk. The application shall set forth that the voter is qualified to vote in the election , stating the statutory reason for applying for an emergency absent voter ballot and that the reason for applying after the statutory deadline AN EVENT occurred at such a time to make it impossible to file an application for AN absent voter ballots BALLOT by the statutory deadline. (3) Any A person intentionally making a false statement in such AN EMERGENCY ABSENT VOTER BALLOT application is guilty of a felony. Any A person aiding or abetting any ANOTHER person to make a false statement on such IN AN EMERGENCY ABSENT VOTER BALLOT application is guilty of a felony. (4) Upon receipt by the clerk of a valid application for an emergency absent voter ballot, the clerk may deliver the ballots ABSENT VOTER BALLOT to the applicant in person, through a deputy or an election assistant, or he may deliver them at his OR HER office to a person named by the applicant in the EMERGENCY ABSENT VOTER BALLOT application. The ABSENT voter may return the ballots ABSENT VOTER BALLOT to the clerk in the sealed envelope provided therefor in any manner. he sees fit. To HOWEVER, TO be valid, ballots must be returned THE ABSENT VOTER SHALL RETURN THE ABSENT VOTER BALLOT to the clerk IN THE SEALED ENVELOPE PROVIDED FOR THAT REASON AND in time to be delivered to the polls prior to BEFORE 8 p.m. on election day.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hansen requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 524 Yeas—13 Ananich Hertel Johnson Smith Bieda Hood Knezek Warren Gregory Hopgood Rocca Young Hansen Nays—23 Booher Horn Marleau Schmidt Brandenburg Hune Meekhof Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hildenbrand MacGregor Robertson Excused—2 Casperson Nofs 1848 JOURNAL OF THE SENATE [November 10, 2015] [No. 103 Not Voting—0 In The Chair: Schuitmaker Senator Warren offered the following amendment: 1. Amend page 1, following “THE PEOPLE OF THE STATE OF MICHIGAN ENACT:” by inserting: “Sec. 509o. (1) The secretary of state shall direct and supervise the establishment and maintenance of a statewide qualified voter file. The secretary of state shall establish the technology to implement the qualified voter file on or before January 1, 1997. The qualified voter file shall be IS the official file for the conduct of all elections held in this state on or after January 1, 1998. The secretary of state may direct that all or any part of the city, township, or village registration files shall be used in conjunction with the qualified voter file at the first state primary and election held after the creation of the qualified voter file. (2) Notwithstanding any other provision of law to the contrary, beginning January 1, 1998, a person who appears to vote in an election and whose name appears in the qualified voter file for that city, township, village, or school district is considered a registered voter of that city, township, village, or school district under this act. (3) The secretary of state, a designated voter registration agency, or a county, city, township, or village clerk shall not place a name of an individual into the qualified voter file unless that person signs an application as prescribed in section 509r(3). The EXCEPT AS PROVIDED IN SUBSECTION (4), THE secretary of state or a designated voter registration agency shall not allow a person to indicate a different address than the address in either the secretary of state’s or designated voter registration agency’s files to be placed in the qualified voter file. (4) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, AN INDIVIDUAL MAY CHANGE THE RESIDENCE ADDRESS ON HIS OR HER OPERATOR’S OR CHAUFFEUR’S LICENSE ISSUED PURSUANT TO THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.1 TO 257.923, OR OFFICIAL STATE PERSONAL IDENTIFICATION CARD ISSUED PURSUANT TO 1972 PA 222, MCL 28.291 TO 28.300, WITHOUT CHANGING HIS OR HER ADDRESS FOR PURPOSES OF THE QUALIFIED VOTER FILE OR MAY CHANGE HIS OR HER ADDRESS ON THE QUALIFIED VOTER FILE WITHOUT CHANGING THE RESIDENCE ADDRESS ON HIS OR HER OPERATOR’S OR CHAUFFEUR’S LICENSE ISSUED PURSUANT TO THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.1 TO 257.923, OR OFFICIAL STATE PERSONAL IDENTIFICATION CARD ISSUED PURSUANT TO 1972 PA 222, MCL 28.291 TO 28.300.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 525 Yeas—12 Ananich Hertel Johnson Smith Bieda Hood Knezek Warren Gregory Hopgood Rocca Young Nays—24 Booher Hildenbrand MacGregor Robertson Brandenburg Horn Marleau Schmidt Colbeck Hune Meekhof Schuitmaker Emmons Jones O’Brien Shirkey Green Knollenberg Pavlov Stamas Hansen Kowall Proos Zorn Excused—2 Casperson Nofs No. 103] [November 10, 2015] JOURNAL OF THE SENATE 1849 Not Voting—0 In The Chair: Schuitmaker Senator Bieda offered the following amendment: 1. Amend page 1, following “THE PEOPLE OF THE STATE OF MICHIGAN ENACT:” by inserting: “Sec. 509v. (1) A person who is not registered to vote at the address where he or she resides may apply to register to vote by submitting an application at any of the following locations: (a) The office of the clerk of a county or the office of the clerk of the city or township in which the applicant resides, during regular office hours of that clerk. (b) A department of state office. (c) A designated voter registration agency when submitting an application, recertification, renewal, or change of address at the voter registration agency. (2) A person who is not registered to vote at the address where he or she resides may apply for registration by submitting a completed mail registration application. A person may request a mail registration application from and submit the application to any of the following: (a) The secretary of state. (b) The clerk of the county, city, or township in which the applicant resides. (c) A designated voter registration agency. (3) NOT LATER THAN JUNE 30, 2015, THE SECRETARY OF STATE SHALL DEVELOP AND IMPLEMENT A SYSTEM TO ALLOW AN APPLICANT TO SUBMIT A VOTER REGISTRATION APPLICATION ELECTRONICALLY ON THE SECRETARY OF STATE’S WEBSITE. (4) BEGINNING JULY 1, 2015, A PERSON WHO IS NOT REGISTERED TO VOTE AT THE ADDRESS WHERE HE OR SHE RESIDES MAY SUBMIT A VOTER REGISTRATION APPLICATION ELECTRONICALLY ON THE SECRETARY OF STATE’S WEBSITE. (5) A PERSON WHO SUBMITS A VOTER REGISTRATION APPLICATION ELECTRONICALLY PURSUANT TO SUBSECTION (4) SHALL DO ALL OF THE FOLLOWING: (A) ATTEST TO THE TRUTH OF THE INFORMATION PROVIDED ON THE VOTER REGISTRATION APPLICATION BY AFFIRMATIVELY ACCEPTING THE INFORMATION AS TRUE. (B) AFFIRMATIVELY ASSENT TO THE USE OF HIS OR HER MOST RECENT DIGITIZED SIGNATURE IF CAPTURED OR REPRODUCED BY THE SECRETARY OF STATE PURSUANT TO SECTION 307 OF THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.307, OR IF CAPTURED OR REPRODUCED BY THE SECRETARY OF STATE PURSUANT TO 1972 PA 222, MCL 28.291 TO 28.300. (C) SIGN THE VOTER REGISTRATION APPLICATION WITH AN ELECTRONIC SIGNATURE. AS USED IN THIS SUBDIVISION, “ELECTRONIC SIGNATURE” MEANS THAT TERM AS DEFINED IN SECTION 2 OF THE UNIFORM ELECTRONIC TRANSACTIONS ACT, 2000 PA 305, MCL 450.832. (6) IF A PERSON WHO SUBMITS A VOTER REGISTRATION APPLICATION ELECTRONICALLY DOES NOT HAVE AN OFFICIAL STATE IDENTIFICATION CARD ISSUED PURSUANT TO 1972 PA 222, MCL 28.291 TO 28.300, OR AN OPERATOR’S OR CHAUFFEUR’S LICENSE ISSUED PURSUANT TO THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.1 TO 257.923, THE VOTER REGISTRATION APPLICATION SUBMITTED ELECTRONICALLY BY THAT PERSON SHALL BE CONSIDERED A REGISTRATION BY MAIL AND THAT PERSON SHALL COMPLY WITH THE REQUIREMENTS IN SECTION 509T. (7) THE SECRETARY OF STATE MAY IMPLEMENT ADDITIONAL SECURITY MEASURES TO ENSURE THE ACCURACY AND INTEGRITY OF THE VOTER REGISTRATIONS SUBMITTED ELECTRONICALLY. (8) THE SECRETARY OF STATE SHALL PROMULGATE RULES PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL 24.201 TO 24.328, TO IMPLEMENT THE PROVISIONS OF SUBSECTIONS (3) TO (7). Sec. 509w. (1) The person processing an application submitted in person at a department of state office, a designated voter registration agency, or the office of a county clerk shall do all of the following: (a) Validate the application in the manner prescribed by the secretary of state. (b) Issue a receipt to the applicant verifying the acceptance of the application. (2) THE PERSON PROCESSING AN APPLICATION SUBMITTED ELECTRONICALLY PURSUANT TO SECTION 509V SHALL DO ALL OF THE FOLLOWING: (A) VALIDATE THE APPLICATION IN THE MANNER PRESCRIBED BY THE SECRETARY OF STATE. 1850 JOURNAL OF THE SENATE [November 10, 2015] [No. 103 (B) ISSUE A RECEIPT TO THE APPLICANT IN THE MANNER PRESCRIBED BY THE SECRETARY OF STATE VERIFYING THE ACCEPTANCE OF THE APPLICATION. (3) (2) Except as otherwise provided in subsection (3) (4), the department of state office, the designated voter registration agency, or the county clerk shall transmit the application not later than 7 days after receipt of the application to the clerk of the county, city, or township where the applicant resides. (4) (3) If an application under subsection (1) OR (2) is made within 7 days before the close of registration for a federal election, the department of state office, the designated voter registration agency, or the county clerk shall transmit the application not later than 1 business day to the clerk of the county, city, or township where the applicant resides. (5) (4) If a completed application is transmitted by the secretary of state or a designated voter registration agency to a county clerk, the secretary of state, to the extent funds are appropriated, shall compensate the county clerk for the cost of forwarding the application to the proper city or township clerk of the applicant’s residence from funds appropriated to the secretary of state for that purpose. Sec. 509x. An application for registration is considered to be received on or before the close of registration , if 1 of the following requirements is met: (a) An application is received at a department of state office, a designated voter registration agency, or the office of a county, city, or township clerk on or before the close of registration. (b) An application is received through the mail that is postmarked on or before the close of registration. (c) An application is received through the mail on or before the seventh day immediately following the close of registration, if the postmark is missing or is unclear and the application, on its face, is dated by the applicant on or before the close of registration. The clerk shall consider an application received pursuant to this subdivision as received before the close of registration. (D) AN APPLICATION IS RECEIVED ELECTRONICALLY PURSUANT TO SECTION 509V ON OR BEFORE THE CLOSE OF REGISTRATION.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 526 Ananich Bieda Gregory Yeas—12 Hertel Hood Hopgood Johnson Smith Knezek Warren Schuitmaker Young Nays—24 Booher Hildenbrand MacGregor Robertson Brandenburg Horn Marleau Rocca Colbeck Hune Meekhof Schmidt Emmons Jones O’Brien Shirkey Green Knollenberg Pavlov Stamas Hansen Kowall Proos Zorn Excused—2 Casperson Nofs In The Chair: Schuitmaker Not Voting—0 No. 103] [November 10, 2015] JOURNAL OF THE SENATE 1851 Senator Ananich offered the following amendment: 1. Amend page 1, following “THE PEOPLE OF THE STATE OF MICHIGAN ENACT:” by inserting: “Sec. 720. (1) On the day of any AN election, the polls shall be opened OPEN at 7 o’clock in the forenoon, A.M. and shall be continuously open until 8 o’clock in the afternoon and no longer. Every P.M. EACH qualified elector present and in line at the polls at the hour prescribed for the closing thereof TIME shall be allowed to vote. (2) FOR EARLY VOTING UNDER SECTION 720A, THE POLLS SHALL BE OPEN FROM 8 A.M. UNTIL 8 P.M. EACH WEEKDAY AND FROM 10 A.M. UNTIL 4 P.M. EACH SATURDAY AND SUNDAY DURING THE EARLY VOTING PERIOD AS PROVIDED IN SECTION 720A. BEFORE EARLY VOTING BEGINS, THE CLERK SHALL POST THE HOURS THAT THE POLLS WILL BE OPEN AT THE CLERK’S OFFICE. THE CLERK SHALL PROVIDE NOTICE TO THE ELECTORS THAT SUBSTANTIALLY COMPLIES WITH THE FORM IN SECTION 653A OF THE DATES AND HOURS THE EARLY VOTING POLLING PLACES WILL BE OPEN. SEC. 720A. (1) EVERY CITY, TOWNSHIP, AND VILLAGE SHALL PROVIDE EARLY VOTING AT 1 OR MORE POLLING PLACES DESIGNATED BY THE CITY, TOWNSHIP, OR VILLAGE CLERK DURING THE PERIOD OF TIME SET FORTH IN THIS SECTION BEFORE AN ELECTION. (2) EARLY VOTING SHALL BEGIN ON THE THIRTIETH DAY BEFORE AN ELECTION AND END ON THE DAY BEFORE THE ELECTION. (3) THE SECRETARY OF STATE SHALL COOPERATE WITH EACH MUNICIPALITY CONDUCTING EARLY VOTING AND PROVIDE TECHNICAL ASSISTANCE TO EACH MUNICIPALITY THAT REQUESTS TECHNICAL ASSISTANCE. (4) EXCEPT AS OTHERWISE PROVIDED, ALL OF THE FOLLOWING PROVISIONS OF THIS ACT APPLY TO EARLY VOTING: (A) ELECTION INSPECTORS. (B) CHALLENGES TO VOTERS. (C) POLL BOOK AND POLL LIST. (D) NOTICES, INSTRUCTIONS, AND PLACARDS. (E) SECURITY OF A VOTING MACHINE OR OTHER VOTING SYSTEM. (F) BALLOT SECURITY, BALLOT CONTAINERS, BALLOT COUNTING, AND BALLOT PRESERVATION. (G) SPOILED BALLOTS. (5) THE POLL BOOK AND POLL LIST FOR EACH PRECINCT SHALL BE MAINTAINED IN ACCORDANCE WITH SECTION 735. (6) EARLY VOTING BALLOTS SHALL BE PROCESSED IN THE SAME MANNER AS BALLOTS CAST ON ELECTION DAY. (7) AS USED IN THIS SECTION, “MUNICIPALITY” MEANS A CITY, TOWNSHIP, OR VILLAGE. Sec. 735. (1) At each primary and election, election inspectors shall keep 1 poll book and 1 poll list. An election inspector shall enter in the poll book, in the order in which electors are given ballots, the name of each elector who is given a ballot and immediately after the name, on the same line, shall enter the number of the ballot given to the elector. For an absent voter ballot, when an election inspector removes the ballot from the sealed absent voter envelope, the election inspector shall enter in the poll book the name of the absent voter and the number of the ballot. (2) FOR EARLY VOTING UNDER SECTION 720A, THE POLL BOOK SHALL BE DIVIDED BY DATE AND SEPARATE RECORDS SHALL BE MAINTAINED FOR EACH DAY OF EARLY VOTING. (3) (2) If an elector is issued a provisional ballot, an election inspector shall enter a proper designation in the poll book, including whether the provisional ballot was tabulated in the precinct or was secured for verification after the election. (4) (3) At the completion of the precinct canvass, an election inspector shall record on the certificate provided in the poll book the number of each metal seal used to seal voting equipment and ballot containers. Each member of the board of election inspectors shall sign the certificate.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 527 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith 1852 JOURNAL OF THE SENATE [November 10, 2015] [No. 103 Nays—25 Booher Horn Marleau Rocca Brandenburg Hune Meekhof Schmidt Colbeck Jones O’Brien Schuitmaker Emmons Knollenberg Pavlov Shirkey Green Kowall Proos Stamas Hansen MacGregor Robertson Zorn Hildenbrand Excused—2 Casperson Nofs Not Voting—0 In The Chair: Schuitmaker Senator Hertel offered the following amendments: 1. Amend page 4, line 13, after “Sec. 795c.” by striking out “(1)”. 2. Amend page 4, line 25, by striking out all of subsection (2). The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 528 Yeas—13 Ananich Hertel Johnson Smith Bieda Hood Knezek Warren Colbeck Hopgood Rocca Young Gregory Nays—23 Booher Horn Marleau Schmidt Brandenburg Hune Meekhof Schuitmaker Emmons Jones O’Brien Shirkey Green Knollenberg Pavlov Stamas Hansen Kowall Proos Zorn Hildenbrand MacGregor Robertson Excused—2 Casperson Nofs No. 103] [November 10, 2015] JOURNAL OF THE SENATE 1853 Not Voting—0 In The Chair: Schuitmaker Senator Young offered the following amendment: 1. Amend page 7, following line 16, by inserting: “Enacting section 1. This amendatory act does not take effect unless House Bill No. 4927 of the 98th Legislature is enacted into law.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were not ordered, 1/5 of the members present not voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 529 Yeas—23 Booher Hildenbrand Marleau Schmidt Brandenburg Horn Meekhof Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—13 Ananich Hood Johnson Smith Bieda Hopgood Knezek Warren Gregory Hune Rocca Young Hertel Excused—2 Casperson Nofs Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. Protests Senators Ananich and Bieda, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 13 and moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.” The motion prevailed. 1854 JOURNAL OF THE SENATE [November 10, 2015] [No. 103 Senator Ananich’s statement is as follows: I rise today to encourage a “no” vote on this bill that once again takes options away from Michigan voters. Just yester­day, our state received an embarrassing F from the Center for Public Integrity because we failed to hold ourselves accountable or provide the transparency citizens should expect. Literally one day later, this broken government crams through a bill that does not address any of the pressing needs facing families. You are serving your own self-interest by making it harder to vote. We could be making it easier to vote, but we’re not. We could be restoring people’s faith that we work for them, but we’re not. If we want our election system to be as bad as our roads, go ahead pass this bill, but don’t expect to get a pat on the back from your constituents, because families know that we are not fixing any problems. They think we’re just making things worse, and sadly, they are right. enator Bieda’s statement is as follows: S I’m speaking in opposition to this bill. First of all, it’s never been clear to me why we would get rid of it. I mean, simply, it’s a solution—if it is a solution—in search of a problem. We have not had problems or difficulties with straight-ticket voting in the state. In fact, every voter I talked to looks at it as a convenience. We have one; there is a CSI report that says we have one of the longest ballots of all the 50 states. That means the average voter may have to vote on 18 or 19 different seats and offices. If a Republican or if they are a Democrat, they think that this may be sort of a partisan issue when we look at it. I think that one of the issues that they are looking at is how do you make it more efficient. In making it more efficient was simply to have straight voting, straight-ticket voting. You know, if you take a look at why we’ve had it in the past and why we have it now, one of the historical reasons is the development of the long ballot. In the United States and in Michigan, in particular, we have one of the longest ballots in the world. A lot of nations don’t have nearly as many offices that come up, and consequently, voters spend a little bit more time having to fill out those ballots. Another one was the development in the 1850s of the so-called Australian ballot, sometimes called the secretary ballot, where you had government-printed ballots submitted. Those were also long because of the number of offices that voters had an opportunity to speak on. Your vote is very important. And I do definitely agree with the comments from several colleagues from both sides of the aisle, in which they discuss the integrity of voting and the importance of voting and the fundamental right of voting. But I have to ask them: If you really believe in that, shouldn’t it also be efficient? Shouldn’t it also be fair? I mean, there is no really real problem that we are seeking to address with this today other than, I think and I suspect, and I think we can kind of smell it in the air, that some folks think that there is a partisan advantage in going in one sense of voting over another. I find it really appalling that we have a provision in there for an appropriation to make it referendum-proof. We know why that is being done. You know why that is being done. In fact, when the Senator from the 3rd District asked for an explanation of why that was in there—and I hope the record shows this—the response that he got was a proverbial cricket noise. We had no response to that. There is a reason to do this; the only reason to do this is a perceived partisan advantage. You could put this under the category of how to steal an election, but I don’t want to go that far, but it is something that is fundamental and fair, and they think it is fundamentally designed to usurp the voters. Let’s remember that twice the voters in this state rejected the elimination of straight-ticket voting, as recently as the 2002 election where voters rejected that. So if you really care about what the voters say, you should vote “no” on this bill. Senators Hertel, Hood, Young and Knollenberg asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Hertel’s first statement is as follows: My amendment would strike the $1 million appropriation from this bill. We all know why it’s here. Let’s not lie to each other. Let’s not lie to the voters of this state. This appropriation is a $1 million insurance policy against the will of the people. The only reason to add the appropriation to this bill is to go around the voters and make it referendum-proof. You are afraid of the people you represent and you should be. The people are tired to this partisan ridiculousness in this chamber. We’ve sat here for seven hours and have done a lot of things to help corporations and the Republican Party, but little to help people. You should be afraid because the people voted to keep straight-party voting twice in this state, in 1964 and 2002. On this very same day that a tax increase on the hardworking Michiganders was signed by this Governor, it’s ridiculous that you would waste $1 million of taxpayer money to buy an insurance policy against the will of the people. Let’s strike this appropriation. Let’s not waste hard-earned taxpayer dollars on a tactic that is intended to subvert the voices of the people. I ask you to accept my amendment and to remove the appropriation. No. 103] [November 10, 2015] JOURNAL OF THE SENATE 1855 Senator Hood’s first statement is as follows: I applaud the Senator from the 23rd District for putting this amendment up, but I ask the sponsor of the legislation or the previous speaker from the 14th District what is the purpose behind the appropriations. enator Hertel’s second statement is as follows: S To respond to the good Senator from the 14th District, we have an appropriations process. We all know what it is. We all know when we put money in bills—the media and the people are sitting here watching this. The people in the Gallery, they should all know the only time we put appropriations in a bill is to make sure that it’s referendum-proof, because you think that what you’re doing is not popular with the people of this state. Let’s go through every bill this year and look where we actually put appropriations in. At least be honest with the people. I don’t understand why we would sit up here and try to pretend like we’re actually playing some game when the people are the ones who sent us here. It’s absolutely ridiculous to put appropriations in bills just to make them referendum-proof. First it was $5 million; now it’s $1 million. We have an appropriations process. I will go to the Appropriations Committee today and vote for a supplemental for it, but we shouldn’t be doing it in this bill, and everyone here knows that. I think people should ashamed. They should know that this is not the process that the people actually want us to have. I ask you to support my amendment. enator Hood’s second statement is as follows: S Speaking of being ashamed, I just asked the question for an explanation on a piece that is before us, and no one has stood up to make that explanation. I thought that this was a place we could have debate among each other, but I guess folks are scared to stand up and explain their legislation. If you want to talk about transparency, then let’s be transparent. Let’s speak up and answer the questions you have been asked. Don’t hind behind the curtain because this isn’t the “Wizard of Oz.” So answer the question that I just put before you, and be man or woman enough to do so. enator Young’s statement is as follows: S Madam President, I rise today to offer an amendment to Senate Bill No. 13. I would like to offer a quote from the illustrious Secretary of State Hillary Clinton: “Voting is the most precious right of every citizen, and we have a moral obligation to ensure the integrity of our voting process.” My amendment would tie-bar House Bill No. 4927 to Senate Bill No. 13 and provide automatic voter registration when a Michigander receives their driver’s license or personal identifica­ tion card. This amendment will help alleviate the burden of voter registration and remove some of the barriers that make it harder for Michiganders to vote. Let’s come together and let’s be vigilant and safeguard our most precious right, the right of the people to participate and vote in American democracy. enator Knollenberg’s statement is as follows: S First, before I begin, I would want to make a comment to some previous speakers. We are not in Oz, and Kansas is one of those forty states that doesn’t have straight-ticket voting. Let’s be clear on that. First of all, voting is one of our most fundamental rights, and the issue of choosing men and women who will lead our local, state, and federal government should never be taken for granted. Right now, forty states have eliminated straight-ticket voting. If it’s good enough and fair enough for them, it should be good enough and will be fair for all Michigan voters. People can still vote for all Democrats or all Republicans even when a straight-ticket voting option isn’t available on a ballot. Let me repeat: People can still vote for all Democrats or all Republicans when a straight-ticket option isn’t available. Reformers have done away with political machines and party bosses. We should do away with their broken method of electing candidates with one vote and eliminate straight-ticket voting. It is time that Michigan’s election process became more about people, less about political parties, and even less about how long it takes to exercise one of our most fundamental rights. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 274, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 719 (MCL 257.719), as amended by 2012 PA 282. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: 1856 JOURNAL OF THE SENATE [November 10, 2015] Roll Call No. 530 [No. 103 Yeas—36 Ananich Hertel Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Marleau Shirkey Colbeck Horn Meekhof Smith Emmons Hune O’Brien Stamas Green Johnson Pavlov Warren Gregory Jones Proos Young Hansen Knezek Robertson Zorn Nays—0 Excused—2 Casperson Nofs Not Voting—0 In The Chair: Schuitmaker The Assistant President pro tempore, Senator O’Brien, resumed the Chair. he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 372, entitled A bill to amend 1966 PA 291, entitled “Firefighters training council act,” by amending section 9 (MCL 29.369), as amended by 2013 PA 166. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 427, entitled A bill to amend 1963 PA 17, entitled “An act to relieve certain persons from civil liability when rendering emergency care, when rendering care to persons involved in competitive sports under certain circumstances, or when participating in a mass immunization program approved by the department of public health,” by amending sections 1 and 2 (MCL 691.1501 and 691.1502), as amended by 2002 PA 543. The House of Representatives has passed the bill and ordered that the bill be given immediate effect. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. No. 103] [November 10, 2015] JOURNAL OF THE SENATE 1857 Senate Bill No. 516, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 5b, 8, and 12a (MCL 28.421, 28.425b, 28.428, and 28.432a), section 1 as amended by 2015 PA 25, section 5b as amended by 2015 PA 16, section 8 as amended by 2015 PA 3, and section 12a as amended by 2006 PA 559. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 531 Yeas—28 Bieda Hildenbrand MacGregor Rocca Booher Horn Marleau Schmidt Brandenburg Hune Meekhof Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knezek Pavlov Smith Green Knollenberg Proos Stamas Hansen Kowall Robertson Zorn Nays—8 Ananich Gregory Hertel Hood Hopgood Warren Johnson Young Excused—2 Casperson Nofs Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator MacGregor introduced Senate Bill No. 608, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 2212d. The bill was read a first and second time by title and referred to the Committee on Health Policy. 1858 JOURNAL OF THE SENATE [November 10, 2015] [No. 103 Senator MacGregor introduced Senate Bill No. 609, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 16147 and 21514. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators O’Brien and Meekhof introduced Senate Bill No. 610, entitled A bill to amend 1978 PA 59, entitled “Condominium act,” by amending section 67 (MCL 559.167), as amended by 2002 PA 283. The bill was read a first and second time by title and referred to the Committee on Local Government. Senators Warren, Young, Hertel and Ananich introduced Senate Bill No. 611, entitled A bill to repeal 2006 PA 309, entitled “Self-defense act,” (MCL 780.971 to 780.974); and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Schmidt introduced Senate Bill No. 612, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 7 (MCL 259.7), as amended by 2002 PA 35. The bill was read a first and second time by title and referred to the Committee on Commerce. Senator Hansen introduced Senate Bill No. 613, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2012 PA 226, and by adding section 6c. The bill was read a first and second time by title and referred to the Committee on Commerce. Senator Schmidt introduced Senate Bill No. 614, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 21 (MCL 205.111), as amended by 2014 PA 80, and by adding section 6c. The bill was read a first and second time by title and referred to the Committee on Commerce. Senator Schmidt introduced Senate Bill No. 615, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 6094a. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Schuitmaker, Hildenbrand and MacGregor introduced Senate Bill No. 616, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 12 (MCL 205.62), as amended by 2008 PA 438, and by adding section 4ee. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. Senators MacGregor, Hildenbrand and Schuitmaker introduced Senate Bill No. 617, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 14b (MCL 205.104b), as amended by 2008 PA 439, and by adding section 4cc. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. No. 103] [November 10, 2015] JOURNAL OF THE SENATE 1859 Senators Hildenbrand, Schuitmaker and MacGregor introduced Senate Bill No. 618, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 19 and 22 (MCL 211.19 and 211.22), section 19 as amended by 2014 PA 87 and section 22 as amended by 2013 PA 153, and by adding section 9p. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. Senators Brandenburg, Kowall and Marleau introduced Senate Bill No. 619, entitled A bill to amend 1980 PA 450, entitled “The tax increment finance authority act,” by amending sections 1 and 3 (MCL 125.1801 and 125.1803), section 1 as amended by 2014 PA 38 and section 3 as amended by 2005 PA 14. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Brandenburg, Kowall and Marleau introduced Senate Bill No. 620, entitled A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending sections 1 and 3 (MCL 125.1651 and 125.1653), section 1 as amended by 2013 PA 66 and section 3 as amended by 2005 PA 115. The bill was read a first and second time by title and referred to the Committee on Finance. Senators MacGregor, Brandenburg, Kowall, Stamas and Marleau introduced Senate Bill No. 621, entitled A bill to amend 2005 PA 280, entitled “Corridor improvement authority act,” by amending sections 3 and 18 (MCL 125.2873 and 125.2888), section 3 as amended by 2013 PA 68 and section 18 as amended by 2008 PA 44. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Robertson, Brandenburg, Kowall, Stamas and Marleau introduced Senate Bill No. 622, entitled A bill to amend 2008 PA 94, entitled “Water resource improvement tax increment finance authority act,” by amending sections 3 and 15 (MCL 125.1773 and 125.1785), section 3 as amended by 2013 PA 25. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Jones, Brandenburg, Kowall, Stamas and Marleau introduced Senate Bill No. 623, entitled A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending sections 2 and 4 (MCL 125.2152 and 125.2154), section 2 as amended by 2013 PA 62 and section 4 as amended by 2012 PA 290. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Jones, Brandenburg, Kowall, Stamas and Marleau introduced Senate Bill No. 624, entitled A bill to amend 2004 PA 530, entitled “Historical neighborhood tax increment finance authority act,” by amending sections 3 and 17 (MCL 125.2843 and 125.2857), section 3 as amended by 2010 PA 237. The bill was read a first and second time by title and referred to the Committee on Finance. Statements Senators Proos and Bieda asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. 1860 JOURNAL OF THE SENATE [November 10, 2015] [No. 103 Senator Proos’ statement is as follows: I appreciate the opportunity to speak briefly, something that I don’t do very often. I know that we have an opportunity today as we head into a Thanksgiving holiday with our families to recite and remember a few of the proclamations that have been made by some of our past Presidents. In particular, I would like to recite from the 41st President of the United States, George H.W. Bush, who made the following proclamation on Thanksgiving Day in 1989—a good year that it was: “On Thanksgiving Day, we Americans pause as a Nation to give thanks for the freedom and prosperity with which we have been blessed by our Creator. Like the pilgrims who first settled in this land, we offer praise to God for His goodness and generosity and rededicate ourselves to lives of service and virtue in His sight. This annual observance of Thanksgiving was a cherished American tradition even before our first President, George Washington, issued the first Presidential Thanksgiving proclamation in 1789. In his first Inaugural Address, Presi­ dent Washington observed that ‘No people can be bound to acknowledge and adore the Invisible Hand which conducts the affairs of men more than those of the United States.’ He noted that the American people - blessed with victory in their fight for Independence and with an abundance of crops in their fields - owed God ‘some return of pious gratitude.’ Later, in a confidential note to his close advisor, James Madison, he asked ‘should the sense of the Senate be taken on … a day of Thanksgiving?’ George Washington thus led the way to a Joint Resolution of Congress requesting the President to set aside ‘a day of public Thanksgiving and Prayer, to be observed by acknowledging with grateful hearts the many and signal Favors of Almighty God.’ Through the eloquent words of President Washington’s initial Thanksgiving proclamation - the first under the Constitution - we are reminded of our dependence upon our Heavenly Father and of the debt of gratitude we owe to Him. ‘It is the Duty of all Nations,’ wrote Washington, ‘to acknowledge the Providence of almighty God, to obey his Will, to be grateful for his Benefits, and humbly to implore His Protection and Favor.’ President Washington asked that on Thanksgiving Day the people of the United States: Unite in rendering unto [God] our sincere and humble Thanks for his kind Care and Protection of the People of this Country previous to their becoming a Nation; for the great degree of Tranquility, Union and Plenty which we have since enjoyed; for the civil and religious Liberty with which we are blessed, and for all the great and various Favors which he hath been pleased to confer upon us. Two hundred years later, we continue to offer thanks to the Almighty - not only for the material prosperity that our Nation enjoys, but also for the blessings of peace and freedom. Our Nation has no greater treasures than these. As we pause to acknowledge the kindnesses God has shown to us - and, indeed, His gift of life itself - we do so in a spirit of humility as well as gratitude. When the United States was still a fledgling democracy, President Washington asked the American people to unite in prayer to the ‘great Lord and ruler of Nations,’ in order to: Beseech him to pardon our national and other Transgressions; to enable us all, whether in public or private Stations, to perform our several and relative Duties properly and punctually; to render our national Government a blessing to all the People, by constantly being a Government of wise, just and constitutional laws, discreetly and faithfully executed and obeyed; to protect and guide all Sovereigns and Nations and to bless them with good Government, peace and Concord. Today, we, too, pause on Thanksgiving with humble and contrite hearts, mindful of God’s mercy and forgiveness and of our continued need for His protection and guidance. On this day, we also remember that one gives praise to God not only through prayers of thanksgiving, but also through obedience to His commandments and service to others, especially those less fortunate than ourselves. IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of November, in the year of our Lord nineteen hundred and eighty-nine, and of the Independence of the United States of America the two hundred and fourteenth.” That was amended. enator Bieda’s statement is as follows: S I want to wish everybody a Happy Thanksgiving. Tomorrow is Veterans Day, and I think it’s really important that we remember all our veterans. In particular, I know we serve with a number of them in this room, some of our colleagues and many of the staff members. I’d just like my colleagues to join me in wishing them the very best and thanking them for their service to our country and thanking all of our veterans for their service to our country. Committee Reports The Committee on Families, Seniors and Human Services reported Senate Bill No. 482, entitled A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending sections 2 and 4a (MCL 722.952 and 722.954a), section 2 as amended by 1997 PA 172 and section 4a as amended by 2010 PA 265. No. 103] [November 10, 2015] JOURNAL OF THE SENATE 1861 ith the recommendation that the substitute (S-1) be adopted and that the bill then pass. W The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones and Casperson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported Senate Bill No. 483, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 13a and 18f of chapter XIIA (MCL 712A.13a and 712A.18f), section 13a as amended by 2012 PA 163 and section 18f as amended by 2012 PA 115. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones and Casperson Nays: None The bill was referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported Senate Bill No. 485, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 13a and 18 of chapter XIIA (MCL 712A.13a and 712A.18), section 13a as amended by 2012 PA 163 and section 18 as amended by 2011 PA 295. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones and Casperson Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Families, Seniors and Human Services submitted the following: T Meeting held on Wednesday, November 4, 2015, at 3:00 p.m., Room 210, Farnum Building Present: Senators Emmons (C), Pavlov, Jones and Casperson Excused: Senator Johnson The Committee on Judiciary reported Senate Bill No. 580, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2015 PA 4. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. 1862 JOURNAL OF THE SENATE [November 10, 2015] [No. 103 The Committee on Judiciary reported Senate Bill No. 581, entitled A bill to amend 1994 PA 295, entitled “Sex offenders registration act,” by amending sections 5, 5a, 5b, 7, 8, 33, and 34 (MCL 28.725, 28.725a, 28.725b, 28.727, 28.728, 28.733, and 28.734), sections 5 and 5b as amended by 2011 PA 17, section 5a as amended by 2013 PA 149, section 7 as amended by 2011 PA 18, section 8 as amended by 2013 PA 2, section 33 as added by 2005 PA 127, and section 34 as amended by 2005 PA 322. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4843, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7403 and 7404 (MCL 333.7403 and 333.7404), as amended by 2012 PA 183. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Thursday, November 5, 2015, at 9:00 a.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Colbeck and Bieda Excused: Senator Rocca The Committee on Elections and Government Reform reported Senate Bill No. 13, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 736c, 782b, 795c, 803, and 804 (MCL 168.736c, 168.782b, 168.795c, 168.803, and 168.804), section 736c as added by 2012 PA 128, section 795c as amended by 1990 PA 109, and section 803 as amended by 2004 PA 92. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David B. Robertson Chairperson To Report Out: Yeas: Senators Robertson, Colbeck, Emmons and Shirkey Nays: Senator Hood The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Elections and Government Reform submitted the following: T Meeting held on Tuesday, November 10, 2015, at 9:00 a.m., Room 110, Farnum Building Present: Senators Robertson (C), Colbeck, Emmons, Shirkey and Hood No. 103] [November 10, 2015] JOURNAL OF THE SENATE 1863 Scheduled Meetings Appropriations Subcommittees Corrections and House Corrections Appropriations Subcommittee - Thursday, November 12, 8:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) State Police and Military Affairs - Tuesday, December 1, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 6:21 p.m. Pursuant to Senate Concurrent Resolution No. 18, the Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Tuesday, December 1, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1864 No. 104 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, December 1, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—excused Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—excused Warren—present Young—present Zorn—present 1866 JOURNAL OF THE SENATE [December 1, 2015] [No. 104 enator Kenneth B. Horn of the 32nd District offered the following invocation: S Dear Lord, please bless this body as it reconvenes to do the business of Your people. Each of us used our time away from this chamber in different ways: We spent time chatting with the folks back in the district; we took time to visit with family nearby; and some of us took time to reconnect with the nature of Michigan. Lord, some of us spent our time bringing our American Thanksgiving tradition to close family members living abroad. During this time, Lord, the world prayed for the people of Paris, Nigeria, Colorado Springs, and areas all around the globe. Continue to bless, dear Lord, our men and women in uniform, as well as those of our allies around the globe as they work to keep the world safe. Bless our first responders, police, fire, and our sergeants here in the chamber, so that they may keep our families safe. Lord, You made a world that is very big, yet quite small. Yes, there can be darkness, but still, the world is filled with kind and generous people. Until You call us home, Lord, none of us in this chamber will ever understand why You made this big, beautiful world exactly the way You did, but we sure are glad to be here and to play a very small part in Your very big plan. In the name of Your Son, I ask that You open our minds, fill our hearts, and bless the work we do here today. Sincerely and faithfully, Your children, and we say, Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Green, Meekhof and Nofs entered the Senate Chamber. enator Kowall moved that Senator Knollenberg be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Johnson, Smith and Young be temporarily excused from today’s session. S The motion prevailed. The following communications were received and read: Office of the Auditor General November 23, 2015 nclosed is a copy of the following audit report: E Performance audit report on the Construction and Facilities Management Office, Department of Military and Veterans Affairs. November 25, 2015 nclosed is a copy of the following audit report: E Performance audit report on the Workers’ Compensation and Long Term Disability Programs for State of Michigan Employees, Office of the State Employer, Department of Technology, Management, and Budget. Sincerely, Doug Ringer Auditor General The audit reports were referred to the Committee on Government Operations. The following communications were received: Department of State Administrative Rules Notices of Filing November 6, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-075-LR (Secretary of State Filing #15-11-03) on this date at 3:41 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Workers’ Compensation Health Care Services.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, 45a(6) or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. No. 104] [December 1, 2015] JOURNAL OF THE SENATE 1867 November 6, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-062-AC (Secretary of State Filing #15-11-06) on this date at 3:41 p.m. for the Department of Agriculture and Rural Development, entitled “Regulation No. 715. Seed Law Imple­ mentation.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. November 6, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-059-AC (Secretary of State Filing #15-11-07) on this date at 3:41 p.m. for the Department of Agriculture and Rural Development, entitled “Bodies of Dead Animals.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. November 6, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-071-HS (Secretary of State Filing #15-11-08) on this date at 3:42 p.m. for the Department of Health and Human Services, entitled “Cost-Shared Services.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, 45a(6) or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. November 6, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-072-HS (Secretary of State Filing #15-11-09) on this date at 3:42 p.m. for the Department of Health and Human Services, entitled “Chronic Disease Prevention and Control Unit.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, 45a(6) or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. November 6, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-076-IF (Secretary of State Filing #15-11-04) on this date at 3:42 p.m. for the Department of Insurance and Financial Services, entitled “Standards for Rate Filings for Physicians and Surgeons Professional Liability Insurance.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, 45a(6) or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. November 6, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-051-IF (Secretary of State Filing #15-11-05) on this date at 3:42 p.m. for the Department of Insurance and Financial Services, entitled “Surplus Lines Insurance Fees.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. November 6, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-073-LR (Secretary of State Filing #15-11-01) on this date at 3:42 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Nursing Homes and Nursing Care Facilities.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, 45a(6) or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. 1868 JOURNAL OF THE SENATE [December 1, 2015] [No. 104 November 6, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-074-LR (Secretary of State Filing #15-11-02) on this date at 3:42 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Minimum Standards for Hospitals.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, 45a(6) or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The following communication was received: Office of the Auditor General November 6, 2015 I am pleased to provide our fiscal year 2015 annual report. It details aspects of our office operations and the audit reports we issued during the past fiscal year. Article IV, Section 53 of the Michigan Constitution establishes the Office of the Auditor General’s authority and requires this annual report. During fiscal year 2015, we issued independent auditor’s opinions on 19 sets of financial statements and schedules. Through the coordinated efforts of the State Budget Office’s preparation of the State of Michigan Comprehensive Annual Financial Report and our audit of that report, Michigan set the national benchmark for timely reporting. Michigan’s report was completed in less than half the time of the national average and a month more promptly than the report of the next closest state. Another significant project is the Statewide Single Audit, which we performed to assess State agency compliance with regulations tied to $21 billion in federal funds. These two projects represent the largest use of our human resources. We also completed 38 value-driven performance audits, including the Oversight of Health Professions, Office of Special Education, Bridge Inspection Program, Michigan Youth Challenge Academy, Data Security Using Mobile Devices, Environ­ mental Stewardship Division, and Office of Collections, among many others. We appreciate your positive comments regarding our report summaries, six-month audit plans, monthly audit summaries, and other efforts we implemented during 2015 to improve communications between this office and the Legislature. Our key 2016 priorities include: 1. Address external peer review comments Every three years, our office is subject to an evaluation by audit professionals from other states and/or the federal government to ensure that we operate in accordance with applicable standards. The October 30, 2015 peer review report gave our office the highest rating possible and our 10th consecutive clean opinion. We will devote resources to address some minor issues the team shared with us. 2. Further expedite report processing We have taken actions resulting in shorter time frames between fieldwork completion and audit report issuance, and we intend to continue this improvement. During 2016, we will further assess whether organizational, process, and/or tech­ nology enhancements would aid in this endeavor. I am privileged to work with such a great team of audit professionals and support staff. We will continue to strive to meet your and the public’s oversight needs in an independent, objective, and transparent manner. We welcome the oppor­ tunity to provide information to assist in your decision making. Please do not hesitate to contact us to request our services. Sincerely, Doug Ringler Auditor General The communication was referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, November 10: House Bill Nos. 4812 4853 4854 4888 4930 4933 4934 4935 5023 The Secretary announced the enrollment printing and presentation to the Governor on Thursday, November 19, for his approval the following bills: Enrolled Senate Bill No. 213 at 10:55 a.m. Enrolled Senate Bill No. 225 at 10:57 a.m. No. 104] [December 1, 2015] JOURNAL OF THE SENATE 1869 nrolled Senate Bill No. 226 at 10:59 a.m. E Enrolled Senate Bill No. 349 at 11:01 a.m. Enrolled Senate Bill No. 369 at 11:03 a.m. The Secretary announced the enrollment printing and presentation to the Governor on Monday, November 23, for his approval the following bills: Enrolled Senate Bill No. 370 at 1:26 p.m. Enrolled Senate Bill No. 274 at 1:28 p.m. Enrolled Senate Bill No. 372 at 1:30 p.m. Enrolled Senate Bill No. 427 at 1:32 p.m. Enrolled Senate Bill No. 516 at 1:34 p.m. The Secretary announced that the following bills were printed and filed on Thursday, November 12, and are available at the Michigan Legislature website: Senate Bill Nos. 608 609 610 611 612 613 614 615 616 617 618 619 620 621 622 623 624 House Bill Nos. 5066 5067 5068 5069 5070 5071 5072 5073 5074 5075 5076 5077 5078 5079 5080 5081 enator Kowall moved that Senators Stamas and Marleau be excused from today’s session. S The motion prevailed. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:06 a.m. 11:35 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senators Young, Smith and Knollenberg entered the Senate Chamber. Messages from the Governor The following messages from the Governor were received: Date: November 10, 2015 Time: 8:38 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 414 (Public Act No. 180), being An act to amend 1967 PA 281, entitled “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal acts and parts of acts,” by amending section 51 (MCL 206.51), as amended by 2012 PA 223. (Filed with the Secretary of State on November 10, 2015, at 2:20 p.m.) Date: November 12, 2015 Time: 9:20 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 152 (Public Act No. 183), being An act to amend 2004 PA 403, entitled “An act to regulate certain forms of boxing; to create certain commissions and to provide certain powers and duties for certain state agencies and departments; to license and regulate certain persons engaged in boxing, certain persons connected to the business of boxing, and certain persons conducting certain contests 1870 JOURNAL OF THE SENATE [December 1, 2015] [No. 104 and exhibitions; to confer immunity under certain circumstances; to provide for the conducting of certain tests; to assess certain fees; to create certain funds; to promulgate rules; to provide for penalties and remedies; and to repeal acts and parts of acts,” by amending the title and sections 10, 11, 12, 20, 21, 22, 30, 31, 33, 34, 35, 40, 41, 42, 44, 45, 47, 48, 55, 57, and 58 (MCL 338.3610, 338.3611, 338.3612, 338.3620, 338.3621, 338.3622, 338.3630, 338.3631, 338.3633, 338.3634, 338.3635, 338.3640, 338.3641, 338.3642, 338.3644, 338.3645, 338.3647, 338.3648, 338.3655, 338.3657, and 338.3658), sections 10, 11, 12, 21, 31, 34, 35, 47, 48, 55, 57, and 58 as amended by 2007 PA 196, sections 20 and 33 as amended by 2012 PA 546, and section 22 as amended by 2010 PA 100, and by adding sections 33a, 33b, 33c, 33d, 49, 49a, and 54a; and to repeal acts and parts of acts. (Filed with the Secretary of State on November 12, 2015, at 12:27 p.m.) Date: November 16, 2015 Time: 10:02 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 244 (Public Act No. 187), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appro­ priations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 40119 (MCL 324.40119), as amended by 2013 PA 175. (Filed with the Secretary of State on November 16, 2015, at 1:34 p.m.) Date: November 16, 2015 Time: 10:04 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 245 (Public Act No. 188), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appro­ priations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 40118 (MCL 324.40118), as amended by 2012 PA 520. (Filed with the Secretary of State on November 16, 2015, at 1:36 p.m.) Date: November 16, 2015 Time: 10:06 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 246 (Public Act No. 189), being An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 13e of chapter XVII (MCL 777.13e), as amended by 2014 PA 538. (Filed with the Secretary of State on November 16, 2015, at 1:38 p.m.) No. 104] [December 1, 2015] JOURNAL OF THE SENATE 1871 Date: November 24, 2015 Time: 8:44 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 213 (Public Act No. 199), being An act to amend 1974 PA 154, entitled “An act to prescribe and regulate working conditions; to prescribe the duties of employers and employees as to places and conditions of employment; to create certain boards, commissions, committees, and divisions relative to occupational and construction health and safety; to prescribe their powers and duties and powers and duties of the department of labor and department of public health; to prescribe certain powers and duties of the directors of the departments of labor, public health, and agriculture; to impose an annual levy to provide revenue for the safety education and training division; to provide remedies and penalties; to repeal certain acts and parts of acts; and to repeal certain acts and parts of act on specific dates,” by amending section 61 (MCL 408.1061), as amended by 1996 PA 437. (Filed with the Secretary of State on November 24, 2015, at 1:58 p.m.) Date: November 24, 2015 Time: 8:46 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 225 (Public Act No. 200), being An act to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 2 (MCL 28.422), as amended by 2015 PA 37. (Filed with the Secretary of State on November 24, 2015, at 2:00 p.m.) Date: November 24, 2015 Time: 8:48 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 226 (Public Act No. 201), being An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2015 PA 4. (Filed with the Secretary of State on November 24, 2015, at 2:02 p.m.) Date: November 24, 2015 Time: 8:50 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 349 (Public Act No. 202), being An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making 1872 JOURNAL OF THE SENATE [December 1, 2015] [No. 104 those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” by amending sections 78b and 78c (MCL 211.78b and 211.78c), as amended by 2003 PA 263. (Filed with the Secretary of State on November 24, 2015, at 2:04 p.m.) Date: November 30, 2015 Time: 12:54 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 369 (Public Act No. 204), being An act to amend 1937 PA 94, entitled “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,” by amending section 4o (MCL 205.94o), as amended by 2012 PA 474. (Filed with the Secretary of State on November 30, 2015, at 2:40 p.m.) Date: November 30, 2015 Time: 12:56 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 370 (Public Act No. 205), being An act to amend 1933 PA 167, entitled “An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,” by amending section 4t (MCL 205.54t), as amended by 2010 PA 116. (Filed with the Secretary of State on November 30, 2015, at 2:42 p.m.) Date: November 30, 2015 Time: 1:00 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 516 (Public Act No. 207), being An act to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 5b, 8, and 12a (MCL 28.421, 28.425b, 28.428, and 28.432a), section 1 as amended by 2015 PA 25, section 5b as amended by 2015 PA 16, section 8 as amended by 2015 PA 3, and section 12a as amended by 2006 PA 559. (Filed with the Secretary of State on November 30, 2015, at 2:46 p.m.) Date: November 30, 2015 Time: 1:02 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 274 (Public Act No. 208), being An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on No. 104] [December 1, 2015] JOURNAL OF THE SENATE 1873 vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 719 (MCL 257.719), as amended by 2012 PA 282. (Filed with the Secretary of State on November 30, 2015, at 2:48 p.m.) Date: November 30, 2015 Time: 1:04 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 372 (Public Act No. 203), being An act to amend 1966 PA 291, entitled “An act to create the firefighters training council; to prescribe the powers and duties of the council, the state fire marshal, and certain fire departments and other organizations; to create the firefighters training council fund and to provide for allocations from the fund to local agencies of government participating in a fire­fighters training program; and to make an appropriation,” by amending section 9 (MCL 29.369), as amended by 2013 PA 166. (Filed with the Secretary of State on November 30, 2015, at 2:38 p.m.) Date: November 30, 2015 Time: 1:06 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 427 (Public Act No. 209), being An act to amend 1963 PA 17, entitled “An act to relieve certain persons from civil liability when rendering emergency care, when rendering care to persons involved in competitive sports under certain circumstances, or when participating in a mass immunization program approved by the department of public health,” by amending sections 1 and 2 (MCL 691.1501 and 691.1502), as amended by 2002 PA 543. (Filed with the Secretary of State on November 30, 2015, at 2:50 p.m.) Respectfully, Rick Snyder Governor The following message from the Governor was received on November 18, 2015, and read: EXECUTIVE ORDER No. 2015-15 Employment First in Michigan WHEREAS, Section 1 of Article V of the Michigan Constitution vests the executive power of the state of Michigan in the Governor; and WHEREAS, the state of Michigan recognizes that an individual’s employment and work result in tangible and intangible benefits, including the enhancement of independence and economic self-sufficiency, as well as purpose, dignity, self-esteem, and a sense of accomplishment and pride; and WHEREAS, an individual’s employment and work also promote inclusion in other community activities; and WHEREAS, the state of Michigan recognizes that a diverse workforce enriches local communities and enhances economic development; and WHEREAS, the state of Michigan recognizes that competitive employment within an integrated setting is the first priority and optimal outcome for persons with disabilities, regardless of level or type of disability; and WHEREAS, the state of Michigan recognizes intermediate steps and services may be needed to assist persons with dis­ abilities along the path to the optimal outcome or to honor the choices and goals of the individual; and WHEREAS, the mission of Employment First in Michigan is to establish the expectation and promote opportunities for all working-age individuals with disabilities in Michigan to gain competitive employment within an integrated setting, with or without supports, and to engage businesses and organizations that value the contributions of employees with disabilities; and WHEREAS, the state of Michigan will promote the dignity, self-esteem, and economic self-sufficiency of working-age individuals with disabilities by providing access to meaningful and productive paid employment; 1874 JOURNAL OF THE SENATE [December 1, 2015] [No. 104 NOW, THEREFORE, I, Brian Calley, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I.  IMPLEMENTATION OF EMPLOYMENT FIRST A. All state departments and agencies that provide services and support to persons with disabilities, and all state depart­ ments and agencies that provide employment, economic development, or other related services, shall implement Employment First in Michigan by coordinating efforts and collaborating to ensure that state programs, policies, procedures, and funding support competitive employment within an integrated setting as the first priority and optimal outcome for persons with disabilities. B. All state agencies shall, whenever feasible, share data and information across systems in order to track progress toward full implementation of this Order. C. All state agencies are encouraged to adopt measurable goals and objectives to promote assessment of progress in implementing this Order. D. Oversight for implementation of this Order shall be placed within the State Rehabilitation Council as established under Executive Order 2012-15, MCL 445.2033, and pursuant to the Rehabilitation Act of 1973, 29 U.S.C. § 701, et. seq. E. Nothing in this Order shall be construed to limit or disallow any disability benefits to which a person with a disability who is unable to be employed as contemplated by this Order would otherwise be entitled. F. Nothing in this Order should be construed to limit the ability of a person with a disability to select an employment option that they determine to be the best choice for themselves. G. Nothing in this Order shall be construed to require any employer to give preference to hiring persons with disabilities. H. Nothing in this Order shall be construed to grant any individual or entity a judicially enforceable right or cause of action. I. If the terms of this Order are inconsistent with federal law or regulations governing interpretation, definitions, etc., an agency or department may modify its programs, policies, procedures, and funding support as necessary to comply with federal requirements. J. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order. II. DEFINITIONS For purposes of the implementation of this Order, the following definitions apply: A. “Employment First” is a national movement affirming the philosophy that competitive employment in an integrated setting is the first priority and optimal outcome in the provision of services for persons with disabilities. B. “Employment” means a job available in the general workforce and in which the employee is included on the payroll of the business, industry, community rehabilitation organization or staffing agency, or is a self-employed business owner. C. “Disability” means, with respect to an individual: • A physical or mental impairment that substantially limits one or more major life activities of such individual; • A record of such an impairment; or • Being regarded as having such impairment. D. “Integrated setting” means: • With respect to the provision of services, means a setting typically found in the community in which applicants or eligible individuals interact with non-disabled individuals other than non-disabled individuals who are providing services to those applicants or eligible individuals; and • With respect to an employment outcome, means a setting typically found in the community in which applicants or eligible individuals interact with non-disabled individuals, other than non-disabled individuals who are providing services to those applicants or eligible individuals, to the same extent that non-disabled individuals in comparable positions interact with other persons. E. “Competitive employment” means: • In the competitive labor market that is performed on a full-time or part-time basis in an integrated setting; and • For which an individual is compensated at or above the minimum wage, but not less than the customary wage and level of benefits paid by the employer for that or similar work performed by individuals who are not disabled. F. “Intermediate steps and services” may include, but are not limited to, facility-based programs, internships, and job training programs. This Order shall become effective upon filing. Given under my hand and the Great Seal of the state of Michigan this 18th day of November, in the Year of our Lord [SEAL] Two Thousand Fifteen. Brian Calley Acting and Lieutenant Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. No. 104] [December 1, 2015] JOURNAL OF THE SENATE 1875 The following messages from the Governor were received and read: October 30, 2015 I respectfully submit to the Senate the following appointments to office: Health Endowment Fund Board Cynthia Ann Estrada of 11333 Dunlavy Lane, Whitmore Lake, Michigan 48189, county of Livingston, designee of the Senate Majority Leader, succeeding herself, is reappointed for a term expiring October 1, 2019. Susan Mary Jandernoa of 8805 Olive Shore, West Olive, Michigan 49460, county of Ottawa, designee of the Speaker of the House, succeeding herself, is reappointed for a term expiring October 1, 2019. October 30, 2015 I respectfully submit to the Senate the following appointment to office: Middle-Eastern American Affairs Commission Adel Mozip of 4400 Charles Street, Dearborn, Michigan 48126, county of Wayne, succeeding Paul Sophiea, is appointed for a term expiring April 19, 2017. November 2, 2015 I respectfully submit to the Senate the following appointments to office: Crime Victim Services Commission Karen Hall of 16496 Waterman Drive, Roseville, Michigan 48066, county of Wayne, representing community-based victim advocates and Democrats, succeeding Emily McIntyre, is appointed for a term expiring September 27, 2018. Brian Lee Mackie of 2401 Meadowridge Court, Ann Arbor, Michigan 48105, county of Washtenaw, representing county prosecuting attorneys and Democrats, succeeding Brian Peppler, is appointed for a term expiring September 27, 2018. November 2, 2015 lease be advised of the following appointment to office: P Early Childhood Investment Corporation Judith O’Neill of 239 Ridge Road, Grosse Pointe Farms, Michigan 48236, county of Wayne, succeeding Beverly Hammerstrom, is appointed for a term expiring July 22, 2019. November 3, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Board of Nursing Home Administrators Ian Koffler of 4641 Thornberry Hill Court, N.E., Grand Rapids, Michigan 49525, county of Kent, representing the general public, succeeding Jeffrey Buetner, is appointed for a term expiring June 30, 2018. November 5, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Film Office Advisory Council Michael Mittelstaedt of 426 W. Eleventh Street, Traverse City, Michigan 49684, county of Grand Traverse, representing broad areas of film and motion picture making, production of television programs and commercials, and related industries in Michigan, succeeding Amy Weber, is appointed for a term expiring September 30, 2019. November 10, 2015 I respectfully submit to the Senate the following appointments to office: Hispanic/Latino Commission of Michigan Noel Garcia of 1777 Foxcroft Road, East Lansing, Michigan 48823, county of Ingham, succeeding himself, is reappointed for a term expiring December 10, 2018. Anthony William Garcia-Rubio of 1021 Chestnut Street, Cadillac, Michigan 49601, county of Wexford, succeeding Gilberto Guzman, is appointed for a term expiring December 10, 2018. Sonya Marie Hernandez of 1053 Becker Road, Muskegon, Michigan 49445, county of Muskegon, succeeding herself, is reappointed for a term expiring December 10, 2018. Carlos Sanchez of 1730 Ridgemoor Drive, S.E., Grand Rapids, Michigan 49506, county of Kent, succeeding himself, is reappointed for a term expiring December 10, 2018. Monica B. Reyes of 950 Shattuck, Saginaw, Michigan 48604, county of Saginaw, succeeding Kelly Shipman, is appointed for a term expiring December 10, 2016. November 10, 2015 I respectfully submit to the Senate the following appointment to office: Committee on Juvenile Justice Michael Malix Burrell Reynolds of 1412 Beatrice Street, Detroit, Michigan 48217, county of Wayne, representing members who have been or are currently under the jurisdiction of the juvenile justice system and under the age of 24 at the time of appointment, succeeding Austin Schmidt, is appointed for a term expiring December 31, 2017. 1876 JOURNAL OF THE SENATE [December 1, 2015] [No. 104 November 10, 2015 I respectfully submit to the Senate the following appointment to office: Board of Marriage and Family Therapy Shawn Dee Johnson of 4111 Okemos Road, Suite 104, Okemos, Michigan 48864, county of Ingham, representing profes­ sionals, succeeding Francesca Pernice-Duca, is appointed for a term expiring June 30, 2019. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senators Hansen, Green, Colbeck, Jones, Bieda, Young, Warren, Proos, Knollenberg, Booher, Hildenbrand, Marleau and Hertel introduced Senate Bill No. 625, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406t. The bill was read a first and second time by title and referred to the Committee on Insurance. Senator Hertel introduced Senate Bill No. 626, entitled A bill to amend 1966 PA 134, entitled “An act to impose a tax upon written instruments which transfer any interest in real property; to provide for the administration of this act; and to provide penalties for violations of this act,” by amending sections 1, 2, and 5 (MCL 207.501, 207.502, and 207.505). The bill was read a first and second time by title and referred to the Committee on Finance. Senator Kowall introduced Senate Bill No. 627, entitled A bill to authorize this state and certain public authorities to develop certain eligible projects and to enter into certain agreements; to impose certain conditions on those agreements; to impose certain powers and duties on certain state and local officials and employees; to authorize the financing of certain eligible projects; and to exempt certain property from certain taxes. The bill was read a first and second time by title and referred to the Committee on Commerce. Senator Kowall introduced Senate Bill No. 628, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 319 and 741 (MCL 257.319 and 257.741), section 319 as amended by 2015 PA 11 and section 741 as amended by 2006 PA 298, and by adding sections 751, 752, and 753. The bill was read a first and second time by title and referred to the Committee on Commerce. House Bill No. 4812, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17702, 17704, and 17755 (MCL 333.17702, 333.17704, and 333.17755), sections 17702 and 17704 as amended by 2014 PA 280. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Health Policy. House Bill No. 4853, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 811a (MCL 257.811a), as amended by 2003 PA 103. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Transportation. No. 104] [December 1, 2015] JOURNAL OF THE SENATE 1877 House Bill No. 4854, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 309 and 312b (MCL 257.309 and 257.312b), section 309 as amended by 2015 PA 11 and section 312b as amended by 2013 PA 177. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 4888, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 24 (MCL 211.24), as amended by 2012 PA 409. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Local Government. House Bill No. 4930, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2015 PA 19. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. House Bill No. 4933, entitled A bill to amend 2000 PA 251, entitled “Patient’s right to independent review act,” by amending sections 3, 5, 7, 9, 11, 13, 17, 19, 23, 25, and 27 (MCL 550.1903, 550.1905, 550.1907, 550.1909, 550.1911, 550.1913, 550.1917, 550.1919, 550.1923, 550.1925, and 550.1927), section 3 as amended by 2006 PA 542 and sections 11, 13, and 23 as amended by 2000 PA 398. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Insurance. House Bill No. 4934, entitled A bill to amend 1984 PA 64, entitled “The coordination of benefits act,” by amending the title and sections 2, 3, and 4 (MCL 550.252, 550.253, and 550.254), section 3 as amended by 1996 PA 325; and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Insurance. House Bill No. 4935, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 106, 116, 120, 221, 222, 250, 402, 436, 436a, 454, 460, 462, 606, 632, 1001, 2003, 2006, 2059, 2212a, 2212b, 2213, 2213a, 2213b, 2214, 2236, 2237, 3400, 3402, 3403, 3404, 3405, 3405a, 3406a, 3406c, 3406d, 3406e, 3406j, 3406k, 3406l, 3406m, 3406n, 3406o, 3406p, 3406q, 3406r, 3406s, 3407, 3407b, 3408, 3409, 3411, 3412, 3413, 3414, 3416, 3418, 3420, 3422, 3424, 3425, 3426, 3428, 3432, 3438, 3440, 3452, 3472, 3474, 3474a, 3475, 3476, 3501, 3503, 3505, 3507, 3508, 3509, 3511, 3513, 3515, 3517, 3519, 3528, 3533, 3535, 3545, 3547, 3548, 3551, 3553, 3555, 3557, 3559, 3561, 3563, 3569, 3571, 3573, 3701, 3703, 3705, 3711, 3723, 4601, 4701, 6428, 7060, and 7705 (MCL 500.106, 500.116, 500.120, 500.221, 500.222, 500.250, 500.402, 500.436, 500.436a, 500.454, 500.460, 500.462, 500.606, 500.632, 500.1001, 500.2003, 500.2006, 500.2059, 500.2212a, 500.2212b, 500.2213, 500.2213a, 500.2213b, 500.2214, 500.2236, 500.2237, 500.3400, 500.3402, 500.3403, 500.3404, 500.3405, 500.3405a, 500.3406a, 500.3406c, 500.3406d, 500.3406e, 500.3406j, 500.3406k, 500.3406l, 500.3406m, 500.3406n, 500.3406o, 500.3406p, 500.3406q, 500.3406r, 500.3406s, 500.3407, 500.3407b, 500.3408, 500.3409, 500.3411, 500.3412, 500.3413, 500.3414, 500.3416, 500.3418, 500.3420, 500.3422, 500.3424, 500.3425, 500.3426, 500.3428, 500.3432, 500.3438, 500.3440, 500.3452, 500.3472, 500.3474, 500.3474a, 500.3475, 500.3476, 500.3501, 500.3503, 500.3505, 500.3507, 500.3508, 500.3509, 500.3511, 500.3513, 500.3515, 500.3517, 500.3519, 500.3528, 500.3533, 500.3535, 500.3545, 500.3547, 500.3548, 500.3551, 500.3553, 500.3555, 500.3557, 500.3559, 500.3561, 500.3563, 500.3569, 500.3571, 500.3573, 500.3701, 500.3703, 500.3705, 500.3711, 500.3723, 500.4601, 500.4701, 500.6428, 500.7060, and 500.7705), sections 116 and 436a as added and section 436 as amended by 1992 PA 182, section 221 as added by 2001 PA 275, section 222 as amended by 1994 PA 443, section 250 as amended by 2002 PA 684, section 454 as amended by 1987 PA 168, section 632 as amended by 1994 PA 226, section 1001 as amended by 2008 PA 342, section 2006 as amended by 2004 PA 28, section 2059 as amended by 1986 PA 253, section 2212a as amended by 2001 PA 235, section 2212b as amended by 2000 PA 486, section 2213 as amended by 2012 PA 445, section 2213a as amended by 2002 PA 707, sections 2213b, 3426, and 3705 as amended and sections 3405a, 3428, 3472, and 3474a as added by 2013 PA 5, section 2236 as amended by 2014 PA 140, sections 3405 and 3475 as amended by 2014 PA 263, section 3406a as added by 1982 PA 527, section 3406c as amended by 1994 PA 233, sections 3406d and 3406e as 1878 JOURNAL OF THE SENATE [December 1, 2015] [No. 104 added by 1989 PA 59, section 3406j as added by 1998 PA 136, section 3406k as amended by 2004 PA 7, section 3406l as added by 2004 PA 171, section 3406m as added by 1998 PA 402, section 3406n as added by 1999 PA 179, section 3406o as added by 1999 PA 177, section 3406p as added by 2000 PA 425, section 3406q as amended and sections 3701, 3703, 3711, and 3723 as added by 2003 PA 88, section 3406r as added by 2004 PA 375, section 3406s as added by 2012 PA 100, section 3407b as added by 2000 PA 27, section 3409 as amended by 1990 PA 170, section 3418 as amended by 1984 PA 280, section 3425 as added by 1980 PA 429, section 3440 as amended by 1987 PA 52, section 3476 as added by 2012 PA 215, sections 3501, 3505, 3507, 3508, 3509, 3511, 3513, 3535, 3545, 3547, 3548, 3551, 3553, 3555, 3557, 3559, 3561, 3563, 3569, and 3573 as added by 2000 PA 252, section 3503 as amended by 2006 PA 366, sections 3515, 3517, 3519, 3533, and 3571 as amended by 2005 PA 306, section 3528 as amended by 2002 PA 621, sections 4601 and 4701 as added by 2008 PA 29, section 7060 as amended by 1999 PA 82, and section 7705 as amended by 2006 PA 671, and by adding sections 607, 608, 3401a, 3402a, 3402b, 3402c, 3402d, 3402e, 3402f, 3402g, 3402h, 3477, and 3544; and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Insurance. House Bill No. 5023, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 75102 (MCL 324.75102), as amended by 2012 PA 251. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. By unanimous consent the Senate returned to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. enator Shirkey offered the following concurrent resolution: S Senate Concurrent Resolution No. 19. A concurrent resolution to approve the release of money from the Roads Innovation Fund for deposit into the Michigan Transportation Fund, as provided by section 1j(5) of 1951 PA 51. Whereas, Section 1j of 1951 PA 51, MCL 247.651j, creates a Roads Innovation Fund within the State Treasury into which the first $100,000,000.00 received and collected attributable to taxes imposed under section 8(1) of the motor fuel tax act, 2000 PA 403, MCL 207.1008, shall be annually deposited beginning in fiscal year 2016-2017; and Whereas, Section 1j(5) of 1951 PA 51, MCL 247.651j(5), provides that the Department of Transportation shall expend money from the Roads Innovation Fund only after each house of the legislature approves a one-time concurrent resolution on a record roll call vote to release money in the fund. Once released by the one-time concurrent resolution, money in the Roads Innovation Fund shall be deposited in the Michigan Transportation Fund; now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That we approve the release of money from the Roads Innovation Fund, as provided by section 1j(5) of 1951 PA 51. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the concurrent resolution, Senator Kowall moved that the concurrent resolution be referred to the Committee on Appropriations. The motion prevailed. Senators Booher, Hansen, Knollenberg and MacGregor were named co‑sponsors of the concurrent resolution. enate Concurrent Resolution No. 18. S A concurrent resolution prescribing the legislative schedule. (For text of resolution, see Senate Journal No. 103, p. 1841.) The House of Representatives has adopted the concurrent resolution. The concurrent resolution was referred to the Secretary for record. No. 104] [December 1, 2015] JOURNAL OF THE SENATE 1879 By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: House Bill No. 4059 Senate Bill No. 331 Senate Bill No. 363 The motion prevailed. The following bill was read a third time: House Bill No. 4059, entitled A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 61 (MCL 38.1361), as amended by 2012 PA 464. The question being on the passage of the bill, Senator Pavlov offered the following substitute: Substitute (S-8). The question being on the adoption of the substitute, Senator O’Brien offered the following amendments to the substitute: 1. Amend page 5, line 9, after “(9),” by striking out “or”. 2. Amend page 5, line 9, after “(10)” by inserting a comma and “OR (11)”. 3. Amend page 6, line 1, after “OR” by striking out “(11)” and inserting “(12)”. 4. Amend page 9, following line 4, by inserting: “(11) SUBSECTION (1) DOES NOT APPLY TO A RETIRANT WHO IS A FORMER TEACHER OR ADMINISTRATOR WHO RETIRES AFTER JUNE 30, 2010 AND ON OR BEFORE OCTOBER 1, 2014, WHO FOLLOWING A BONA FIDE TERMINATION, INCLUDING NOT WORKING IN THE MONTH OF HIS OR HER RETIREMENT EFFECTIVE DATE, BECOMES EMPLOYED IN A TEACHING OR RESEARCH CAPACITY BY A UNIVERSITY THAT IS CONSIDERED A REPORTING UNIT FOR THE LIMITED PURPOSE DESCRIBED IN SECTION 7(3). A RETIRANT DESCRIBED IN THIS SUBSECTION IS NOT ELIGIBLE TO USE ANY SERVICE OR COMPENSATION ATTRIBUTABLE TO THE EMPLOYMENT DESCRIBED IN THIS SUBSECTION FOR RECOMPUTATION OF HIS OR HER RETIREMENT ALLOWANCE. THE REPORTING UNIT AT WHICH THE RETIRANT PROVIDES THE SERVICES DESCRIBED IN THIS SUBSECTION SHALL PAY 100% OF THE CONTRIBUTION RATES FOR THE UNFUNDED ACTUARIAL ACCRUED LIABILITY FOR RETIREE HEALTH CARE AND THE UNFUNDED ACTUARIAL ACCRUED LIABILITY FOR PENSION TO THE RETIREMENT SYSTEM FOR THE EMPLOYMENT DESCRIBED IN THIS SUBSECTION. THE REPORTING UNIT SHALL REPORT THE EMPLOYMENT OF A RETIRANT AS DESCRIBED IN THIS SUBSECTION TO THE RETIREMENT SYSTEM BY JULY 1 OF EACH YEAR. THE REPORTING UNIT SHALL INCLUDE IN THE REPORT THE NAME OF THE RETIRANT, THE CAPACITY IN WHICH THE RETIRANT IS EMPLOYED, AND THE TOTAL ANNUAL COMPENSATION PAID TO THE RETIRANT.” and renumbering the remaining subsection. The amendments to the substitute were adopted. The substitute as amended was adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 532 Yeas—35 Ananich Hansen Knollenberg Rocca Bieda Hertel Kowall Schmidt Booher Hildenbrand MacGregor Schuitmaker Brandenburg Hood Meekhof Shirkey Casperson Hopgood Nofs Smith Colbeck Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek Robertson 1880 JOURNAL OF THE SENATE [December 1, 2015] [No. 104 Nays—0 Excused—3 Johnson Marleau Stamas Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide a retirement system for the public school employees of this state; to create certain funds for this retirement system; to provide for the creation of a retirement board; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; to authorize and make appropriations for the retirement system; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. Senator Zorn asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Zorn’s statement is as follows: Today I would like to introduce my colleagues to my fall intern, Cait Corie. Cait is a student at Monroe County Com­ munity College, studying to earn a degree in political science. She is going to be leaving to go to London next year for about six months and eventually will return back to Michigan to study law and public policy. Cait has done a great job in our office this semester, and I would especially like to thank her for the work she did on the dysautonomia resolution back in October. Please help me thank Cait for her service not only to the office, but to the state of Michigan. Senator Johnson entered the Senate Chamber. The following bill was read a third time: Senate Bill No. 331, entitled A bill to amend 1986 PA 119, entitled “An act to regulate the business of buying or receiving used motor vehicle parts; to prescribe the powers and duties of certain state and local officers; and to provide penalties,” by amending sections 1, 2, and 4 (MCL 257.1351, 257.1352, and 257.1354) and by adding section 2a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 533 Ananich Bieda Booher Brandenburg Casperson Colbeck Emmons Green Gregory Yeas—36 Hansen Knezek Robertson Hertel Knollenberg Rocca Hildenbrand Kowall Schmidt Hood MacGregor Schuitmaker Hopgood Meekhof Shirkey Horn Nofs Smith Hune O’Brien Warren Johnson Pavlov Young Jones Proos Zorn No. 104] [December 1, 2015] JOURNAL OF THE SENATE 1881 Nays—0 Excused—2 Marleau Stamas Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 363, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 32505 (MCL 324.32505), as added by 1995 PA 59. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 534 Yeas—26 Booher Hildenbrand Meekhof Rocca Brandenburg Horn Nofs Schmidt Casperson Hune O’Brien Schuitmaker Colbeck Jones Pavlov Shirkey Emmons Knollenberg Proos Smith Green Kowall Robertson Zorn Hansen MacGregor Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Excused—2 Marleau Stamas Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. 1882 JOURNAL OF THE SENATE [December 1, 2015] [No. 104 By unanimous consent the Senate proceeded to the order of Statements Senators Warren, Bieda and Colbeck asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Warren’s statement is as follows: I rise today to ask that we observe a moment of silence to honor the people who were killed or injured in the shooting rampage that took place at a Planned Parenthood center in Colorado Springs on Friday, November 27. Officer Garrett Swasey, along with Iraq veteran Ke’Arre Stewart and Jennifer Markovsky, who were killed that day, and the nine additional citizens who were wounded and sent to a local hospital aren’t just statistics. They all have families who will forever remember a time of fear and loss when they should be celebrating and giving thanks. And they’re not alone. In 2014, there were more than 50,000 victims of gun violence in the United States—more than 12,500 of which were fatal. Since the Supreme Court’s Roe v. Wade decision in 1973, there have been nearly 7,000 acts of violence in the United States and Canada against reproductive health care clinics, including eight murders, 17 attempted murders, and hundreds of arsons, bombings, death threats, and other horrendous acts of terrorism. Furthermore, there have been nearly 200,000 acts of disruption against reproductive health care clinics, including over 15,000 hate mailings and harassing phone calls, 661 bomb threats, and thousands of other deeply troublesome acts of intimidation. We cannot keep asking for thoughts and prayers to comfort these victims’ families without providing meaningful change to go along with them. I am standing here today asking you to join me to ensure that our citizens have unfettered access to health care. I ask you to join me to ensure that our citizens can feel safe from gun violence in public places. I ask you to ensure that we pay serious attention to terrorism, both foreign and domestic. Most of all, I call on you to be aware that our words and our rhetoric have meaning—outside this chamber and this Capitol dome—and severe consequences for the people of this state and this nation. We have to put ourselves forward to be leaders, and with that comes great responsibility. Enough is enough. A moment of silence was observed in memory of the victims of the Planned Parenthood shooting in Colorado Springs, Colorado. enator Bieda’s statement is as follows: S I would like to take this time to honor the memory of a very good friend of mine who was a former Warren city council­ man and city clerk, Richard Sulaka, who was born on March 31, 1955, and grew up in Warren. Following his grad­ua­tion in 1973 from Fitzgerald High School, he became a real estate broker. He was a true public servant and a highly respected figure in the Chaldean-American business community throughout his career until his unfortunate and unexpected death on November 19, 2015. Many in the community have said that Richard was a great family man and a loyal and honorable man who deeply cared about his community. That description was spot-on. Richard was a dedicated, tireless public servant, as well as a strong advocate for the Chaldean community, who volunteered and organized countless hours of events from youth activities to assisting Chaldean business owners. However, he always remembered his first priority was his family. I would like to honor those who were closest to him, including his wife, Giovana, whom he married in 1984; his sons, Richard II and Michael; and his daughter, Angelina, and her husband, David. Joyously, Richard had the opportunity to learn of his first grandchild who was born just a couple weeks before he passed away. I know he was looking forward to seeing Athena Evangeline on Thanksgiving. I would like to think that he sought that from a higher perch. Richard served on the Warren City Council from 1991 to 1999. As a city councilman, he was instrumental in efforts to implement term limits for Warren’s elected officials. He was then elected as Warren city clerk and served from 1999 to 2007. During his time as city clerk, it was said that he built one of the best city departments. His tenure as city clerk included the city’s conversion to an updated, modern voting system. Because of his passion for public service, he was much loved by his loyal and very competent staff. He opted not to run for a third term as city clerk and ran in 2007 for a then-open Warren mayoral seat. While he was not successful in his run for Warren mayor, he continued his business career and service to the Chaldean-American community, as well as the larger Warren community. He continued to give back and to educate all those who came in contact with him. Richard was a very good friend of mine. I’ve known him since the early 1980s, and I remember him as a very genuinely nice person and somebody whom I will miss. I was also very grateful to have him as part of my circle of friends. He was active in St. Martin de Porres Parish and worked on numerous civic and fraternal organizations. He also operated three charitable bingo halls, two in Warren and one in Sterling Heights. He was a much-beloved and admired community leader who will long be remembered by family and friends as an integral part of the community. No. 104] [December 1, 2015] JOURNAL OF THE SENATE 1883 I would like to request a moment of silence as we honor the former Warren city councilman and city clerk, Richard Sulaka, for his integrity, leadership, and devotion to the city of Warren and the Chaldean-American community. May he rest in peace. A moment of silence was observed in memory of Richard Sulaka, former Warren city councilman and city clerk. enator Colbeck’s statement is as follows: S Religious liberty in our country is at risk. This risk has been steadily escalating over the past century, but has reached alarming levels in recent years. On Monday, May 5, 2014, in a 5-4 decision, the Supreme Court reversed a decision by the Court of Appeals that held that the practice of praying before legislative assemblies violates the Establishment Clause of the First Amendment. As a reminder, this clause reads: “Congress shall make no laws respecting the establishment of religion.” Praying before a public assembly does not make a law. I am thankful that five members of the Supreme Court did not stop their reading of the First Amendment at the Establishment Clause, for the First Amendment goes on to say: “or prohibiting the free expression thereof or abridging the freedom of speech.” Four of the members of the Supreme Court sought to prohibit invocations before legislative assemblies. Thankfully, five of the members appear to have read the entire First Amendment. The opinion of the five carried the day by the narrowest of margins, by one vote. I wish this case were an isolated case, but it’s not. In fact, the Family Research Council documents over 1,200 court cases over the past decade dealing with the infringement of religious liberty in our nation, a nation founded on the principle that our rights were endowed by our Creator. You can review this list at www.religioushostilities.org. Remember, these are only the incidents that have become court cases. These 1,200 cases are simply the tip of the iceberg. Thankfully, many Americans are waking up and taking a stand. Nationally, you may recall the Houston mayor who subpoenaed the sermons of five pastors because they promoted the biblical view of marriage. The subpoena was withdrawn after the mayor received pressure from community leaders, such as Senator Ted Cruz and Governor Mike Huckabee. The Pulpit Freedom Initiative is another example of the faith community fighting to defend our First Amendment rights. Thousands of pastors every year challenge the IRS to enforce the prohibition on political speech in their sermons by taping and sending them to the IRS. These pastors know that the statute prohibiting such speech is unconstitutional. The IRS prefers that pastors live in fear of prosecution under an unconstitutional law. The IRS knows that they would lose any court case taken up by the Supreme Court, so they have not attempted to prosecute these pastors. The Bible says do not be afraid 63 times. Perhaps God is trying to tell us something. In our own backyard, I am encouraged by a wellspring of revival throughout our state. Did you know that we have weekly Bible studies featuring 20 to 30 legislators? By the way, you are all invited to join us. We meet Wednesday mornings at 7:00 a.m. in the House Office Building. Earlier this year, almost 200 pastors and legislators came together in Lansing to commit ourselves to the truth of 2 Chronicles 7:14, which says: “If my people who are called by my name, will humble themselves and pray and seek my face, and turn from their wicked ways, then I will hear from heaven, and will forgive their sins, and heal their land.” In September, I participated in a forum, entitled “The Body of Christ in the Public Square” and another called “Covenants and Courage,” to bring awareness of the erosion of our civil liberties. Tomorrow, people of faith will be holding a religious liberty rally on the Capitol steps. Throughout this state, people of faith are waking up and reaffirming the fundamental right upon which all other rights rest, the freedom of religion. It is time to fearlessly expose the myth of separation of church and state. The Establishment Clause of the First Amend­ ment protects us against the theocracy such as our Founders left behind in Great Britain under the Anglican Church. We now need to take a stand to assert the Free Exercise Clause. Our Constitution ensures the freedom of religion, not the freedom from religion. In the words of Thomas Jefferson, “Can the liberties of a nation be thought secure when we have removed their only firm basis, a conviction in the minds of the people that these liberties are the gift of God?” We would do well to heed his wise counsel. Committee Reports The Committee on Local Government reported Senate Bill No. 481, entitled A bill to amend 2000 PA 321, entitled “Recreational authorities act,” by amending sections 3 and 11 (MCL 123.1133 and 123.1141), as amended by 2003 PA 135, and by adding section 12. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson 1884 JOURNAL OF THE SENATE [December 1, 2015] [No. 104 To Report Out: Yeas: Senators Zorn, Proos, Brandenburg and Young Nays: Senator Rocca The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, November 10, 2015, at 12:30 p.m., Room 100, Farnum Building Present: Senators Zorn (C), Proos, Brandenburg, Rocca and Young The Committee on Judiciary reported Senate Bill No. 508, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 145e. With the recommendation that the substitute (S-3) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 509, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 145f. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, November 10, 2015, at 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda The Committee on Education reported House Bill No. 4594, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 166b (MCL 388.1766b), as amended by 2012 PA 130. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher and Colbeck Nays: None The bill was referred to the Committee of the Whole. No. 104] [December 1, 2015] JOURNAL OF THE SENATE 1885 The Committee on Education reported House Bill No. 4790, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2015 PA 85. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher and Colbeck Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, November 10, 2015, at 12:00 noon, Room 110, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek The Committee on Health Policy reported Senate Bill No. 502, entitled A bill to amend 1984 PA 323, entitled “The health care false claim act,” by amending section 4a (MCL 752.1004a), as added by 2004 PA 411. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson and Hertel Nays: Senators Knezek and Hopgood The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Health Policy reported Senate Bill No. 592, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 10205 (MCL 333.10205), as added by 1999 PA 62. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Health Policy reported House Bill No. 4438, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17744a (MCL 333.17744a), as added by 2013 PA 186, and by adding section 17744d. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill was referred to the Committee of the Whole. 1886 JOURNAL OF THE SENATE [December 1, 2015] [No. 104 COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Tuesday, November 10, 2015, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood The Committee on Banking and Financial Institutions reported Senate Bill No. 200, entitled A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding section 88s. With the recommendation that the substitute (S-3) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Darwin L. Booher Chairperson To Report Out: Yeas: Senators Booher, O’Brien, Zorn, MacGregor, Rocca, Hertel and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Banking and Financial Institutions reported Senate Bill No. 578, entitled A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending sections 2, 6, and 13 (MCL 445.1632, 445.1636, and 445.1643), section 2 as amended by 2012 PA 443; and to repeal acts and parts of acts. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Darwin L. Booher Chairperson To Report Out: Yeas: Senators Booher, O’Brien, Zorn, MacGregor, Rocca, Hertel and Young Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Banking and Financial Institutions submitted the following: T Meeting held on Tuesday, November 10, 2015, at 3:39 p.m., Room 100, Farnum Building Present: Senators Booher (C), O’Brien, Zorn, MacGregor, Rocca, Hertel and Young Excused: Senator Nofs COMMITTEE ATTENDANCE REPORT he Subcommittee on Corrections submitted the following: T Joint meeting held on Thursday, November 12, 2015, at 8:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Proos (C), Knollenberg and Gregory Scheduled Meetings Appropriations Subcommittee K-12, School Aid, Education and House School Aid Appropriations Subcommittee - Thursday, December 3, 8:00 a.m., Room 327, South Tower, House Office Building (373-2768) No. 104] [December 1, 2015] JOURNAL OF THE SENATE 1887 Commerce - Wednesday, December 2, 8:30 a.m., Room 210, Farnum Building (373-5312) Criminal Justice Policy Commission - Wednesday, December 2, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Families, Seniors and Human Services - Wednesday, December 2, 3:00 p.m., Room 210, Farnum Building (373-5323) Insurance - Wednesday, December 2, 2:00 p.m., Room 100, Farnum Building (373-5312) Michigan Competitiveness - Wednesday, December 2, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower and Thursday, December 3, 9:30 a.m., Rooms 402 and 403, Capitol Building (373-5314) Natural Resources - Wednesday, December 2, 12:30 p.m., Room 210, Farnum Building (373-5314) Regulatory Reform - Wednesday, December 2, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 12:06 p.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, December 2, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1888 No. 105 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, December 2, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—excused Warren—present Young—present Zorn—present 1890 JOURNAL OF THE SENATE [December 2, 2015] [No. 105 everend James Hill of St. John Lutheran Church of Detroit offered the following invocation: R Most holy and merciful God, You whose loving-kindness is from everlasting to everlasting, we make bold to come before Your throne this morning, for we are reminded that apart from You, we can do nothing. First, we thank You for the manifold blessings poured out on our beloved state, a land rich in beauty and resources and filed with hearty and hardworking people; a blessed land that we call home. I thank You for the men and women before me chosen by You and their neighbors to conduct the important legislative affairs of Michigan. Help them to never lose sight of the rich grace that has been lavished on us, that every good and perfect gift is from above and that the greatest of these is the Redeemer born in Bethlehem. Yet, in the minutes of blessings, there are challenges that confront us as a people, some difficult and some intractable. There is homelessness and poverty, addiction, unemployment, education, road repair, and the plight of our inner cities, and all of these challenges, Lord, impact all of us; though men and women of goodwill may differ on how to solve them. We ask for Your Spirit’s presence in this Legislature to help these few to work together for the good of the many. May their actions reflect St. Paul’s words of love, joy, peace, patience, kindness, goodness, faithfulness, gentleness, and self-control. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senators Knollenberg and Robertson be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senator Stamas be excused from today’s session. S The motion prevailed. enator Hood moved that Senators Johnson, Warren and Young be temporarily excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Meekhof and MacGregor admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. The following communication was received: Office of Senator Curtis Hertel, Jr. November 30, 2015 I am writing to request my addition in co‑sponsorship of Senate Bill 30, sponsored by Senator Knezek. Please feel free to contact me if you need any further information. Sincerely, Curtis Hertel, Jr. State Senator District 23 The communication was referred to the Secretary for record. The Secretary announced that the following House bill was received in the Senate and filed on Tuesday, December 1: House Bill No. 4983 The Secretary announced that the following bills were printed and filed on Tuesday, December 1, and are available at the Michigan Legislature website: Senate Bill Nos. 627 628 No. 105] [December 2, 2015] JOURNAL OF THE SENATE 1891 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:06 a.m. 10:19 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator MacGregor introduced the Rockford High School Boys Cross Country Team, 2015 MHSAA Division I State Champions, Head Coach Andrew Martin and Assistant Coach Josh Miller; and presented them with a Special Tribute. Coach Martin responded briefly. During the recess, Senators Knollenberg, Robertson, Johnson, Young and Warren entered the Senate Chamber. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Meekhof as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill: House Bill No. 4843, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7403 and 7404 (MCL 333.7403 and 333.7404), as amended by 2012 PA 183. The bill was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 481, entitled A bill to amend 2000 PA 321, entitled “Recreational authorities act,” by amending sections 3 and 11 (MCL 123.1133 and 123.1141), as amended by 2003 PA 135, and by adding section 12. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 4248 House Bill No. 4249 House Bill No. 4250 House Bill No. 4501 House Bill No. 4709 House Bill No. 4710 House Bill No. 4711 The motion prevailed. The following bill was read a third time: House Bill No. 4248, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 13 (MCL 750.13); and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1892 Roll Call No. 535 JOURNAL OF THE SENATE [December 2, 2015] [No. 105 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Stamas Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4249, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by repealing sections 546, 547, 548, 549, 550, and 551 (MCL 750.546, 750.547, 750.548, 750.549, 750.550, and 750.551). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 536 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Warren No. 105] [December 2, 2015] JOURNAL OF THE SENATE 1893 Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Stamas Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4250, entitled A bill to repeal 1935 PA 140, entitled “An act to prohibit endurance contests known as walkathons and similar endurance contests; to prescribe a penalty for the violation thereof, and to repeal Act No. 65 of the Public Acts of 1933,” (MCL 752.161 to 752.162). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 537 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Stamas 1894 JOURNAL OF THE SENATE [December 2, 2015] [No. 105 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4501, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 12m and 16e of chap­ ter XVII (MCL 777.12m and 777.16e), section 12m as amended by 2005 PA 54 and section 16e as added by 1998 PA 317. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 538 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Stamas Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure No. 105] [December 2, 2015] JOURNAL OF THE SENATE 1895 in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4709, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 347 (MCL 750.347). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 539 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Stamas Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”. The Senate agreed to the full title. 1896 JOURNAL OF THE SENATE [December 2, 2015] [No. 105 The following bill was read a third time: House Bill No. 4710, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 74206 (MCL 324.74206), as added by 1995 PA 58. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 540 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Stamas Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4711, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 5 of chapter IX (MCL 769.5); and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 541 Ananich Bieda Yeas—37 Hertel Knollenberg Robertson Hildenbrand Kowall Rocca No. 105] [December 2, 2015] JOURNAL OF THE SENATE 1897 Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Stamas Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”. The Senate agreed to the full title. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. enators Warren, Gregory, Young, Ananich, Bieda, Hopgood, Hertel, Knezek and Hood offered the following resolution: S Senate Resolution No. 118. A resolution to request that the U.S. Department of Justice and the U.S. Congress fully investigate the unrelenting acts of violence against reproductive health clinics and invest federal resources towards security upgrades and heightened safeguards to protect innocent civilians from acts of domestic terrorism. 1898 JOURNAL OF THE SENATE [December 2, 2015] [No. 105 Whereas, On Friday, November 27, 2015, a tragic shooting at a Planned Parenthood Center in Colorado Springs resulted in the death of a police officer, a mother of two, a veteran father of two, and the hospitalization of nine individuals wounded by the gunfire. The suspected shooter allegedly made inflammatory anti-choice remarks, indicating a strong motivation for the attack; and Whereas, Since the groundbreaking Roe v. Wade Supreme Court decision in 1973, which granted women a constitutional right to abortion, there have been nearly 7,000 acts of violence in the United States and Canada against reproductive health care clinics, including eight murders, 17 attempted murders, and hundreds of arsons, bombings, death threats, and other horrendous acts of terrorism. Furthermore, there have been nearly 200,000 acts of disruption against reproductive health care clinics, including over 15,000 hate mailings and harassing phone calls, 661 bomb threats, and thousands of other deeply troublesome acts of intimidation; and Whereas, The anti-choice organization, Center for Medical Progress, began releasing contentious—and now discredited— videos in July 2015 which make false allegations about the practices of Planned Parenthood. Since these grossly misleading and highly edited videos were released, none of the states that opened investigations against Planned Parenthood, as a result of the videos, have been able to substantiate these claims; and Whereas, In a knee-jerk reaction to the controversial videos, the U.S. Senate attempted to defund Planned Parenthood, and the U.S. House of Representatives formed a select investigative panel to examine the already debunked accusations made in the video. Additionally, elected officials and polarizing groups have intensified their hateful rhetoric against Planned Parenthood and like organizations, which has undeniably contributed to the increased acts of violence against reproductive health centers; and Whereas, The FBI sent out a nationwide warning to law enforcement officials in September that the violent attacks on reproductive health clinics would likely continue, and states are beginning to ramp up security efforts at clinic locations in response to the drastic increase in acts of violence targeted towards Planned Parenthood and other reproductive health care clinics; and Whereas, Domestic terrorism is defined in 18 U.S.C. 2331 as activities involving acts dangerous to human life that are a violation of the criminal laws of the United States or of any state and appear to be intended to intimidate or coerce a civilian population, to influence the policy of a government by intimidation or coercion, or to affect the conduct of a government by mass destruction, assassination, or kidnapping. The recent Colorado shooting and history of intentional attacks against reproductive health clinics fit the definition of domestic terrorism, but have received minimal attention or have not been thoroughly investigated as acts of domestic terrorism by the federal government; now, therefore, be it Resolved by the Senate, That we request the U.S. Department of Justice and the U.S. Congress to fully investigate the unrelenting acts of violence against reproductive health clinics and invest federal resources towards security upgrades and heighted safeguards to protect innocent civilians from acts of domestic terrorism; and be it further Resolved, That copies of this resolution be transmitted to the Attorney General of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations. enators Bieda, Warren, Ananich, Hertel and Hopgood offered the following resolution: S Senate Resolution No. 119. A resolution to urge the Governor and Attorney General to exercise their authority to terminate the 1953 easement and shut down Enbridge Energy Line 5 under the Straits of Mackinac. Whereas, The Enbridge Energy Line 5 pipeline under the Great Lakes is 62 years old, carries nearly 23 million gallons of light crude oil and natural gas liquids each day, and is within a few miles of the Mackinac Bridge and Mackinac Island, two of Michigan’s most recognizable landmarks; and Whereas, The original agreement with the state of Michigan called for a maximum flow of 300,000 barrels per day, but has since been raised to 540,000 barrels per day, well above the intended amount when originally built; and Whereas, Corrosion is the No. 1 reason that pipelines fail. Between 1996 and 2013, Enbridge’s entire system of pipelines had 1,244 reportable spills, leaks, and releases. A University of Michigan study indicates the Straits of Mackinac are the “worst possible place” for an oil spill in the Great Lakes; and Whereas, The United States Coast Guard testified before Congress in 2015 that the Coast Guard would be unable to respond effectively to an open water oil spill in the Great Lakes and that no plan exists for how to recover oil from a leak during the winter when the lake is covered in ice; and Whereas, The Great Lakes provide immeasurable value to Michigan and are deeply rooted in the state’s culture, heritage, and economy. The state’s water resources are vital for agriculture, fishing, irrigation, drinking water, electric generation, mining, manufacturing, and wildlife. The state has more than 3,200 miles of freshwater coastline. Leveraging this important natural resource and ensuring its long-term sustainability are critical to prosperity in Michigan; and Whereas, An oil spill in the Straits of Mackinac would have catastrophic results for the environment and economy in Michigan and would devastate fisheries in the Great Lakes, including the tribal fishing grounds of five federally recognized No. 105] [December 2, 2015] JOURNAL OF THE SENATE 1899 tribes. Communities that rely on the Great Lakes for their drinking water would be negatively affected. A significant spill could result in serious economic consequences for the entire state, as 1 in 5 Michigan jobs are connected to the Great Lakes and other water resources; and Whereas, Enbridge’s easement with the state of Michigan states that Enbridge “shall follow the usual, necessary and proper procedures for the type of operation involved, and at all times shall exercise the due care of a reasonably prudent person for the safety and welfare of all persons and all public and private property”; and Whereas, Because of insufficient anchoring, the advanced age of the pipeline, the lack of midstream shutoff valves, and insufficient emergency response plans, Enbridge is not operating the pipeline in accordance with the due care of a reasonably prudent person for the safety and welfare of all public and private property; and Whereas, Enbridge was found in 2014 to be in violation of its 1953 easement with the state of Michigan for their anchor spacing requirements; and Whereas, Enbridge’s easement with Michigan requires a liability bond of $1,000,000 and a surety bond of $100,000, amounts that are woefully outdated and ineffective in the event of a catastrophic spill. According to the Michigan Petroleum Pipeline Task Force Report, Enbridge has yet to document that it is in compliance with the easement requirement to cover all damages and losses; and Whereas, The Governor and Attorney General have a perpetual and continuing duty to protect sources of drinking water, fishing, swimming, navigation, commerce, recreation, and ecological values; and Whereas, The Attorney General stated on July 14, 2015, that the pipeline’s days were numbered and that the state would be unlikely to approve a pipeline of this nature if it were proposed today; and Whereas, The Enbridge Energy Line 5 pipeline is a threat to our public waters, and the Governor and Attorney General have an obligation to take action to ensure that the pipeline does not rupture and create an environmental and economic disaster; now, therefore, be it Resolved by the Senate, That we urge the Governor and Attorney General to exercise their authority to terminate the 1953 easement and shut down Enbridge Energy Line 5 under the Straits of Mackinac; and be it further Resolved, That copies of this resolution be transmitted to the Governor and Attorney General. Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations. Senators Jones and Marleau were named co‑sponsors of the resolution. enators Warren, Bieda and Hopgood offered the following concurrent resolution: S Senate Concurrent Resolution No. 20. A concurrent resolution to urge the Governor and Attorney General to exercise their authority to terminate the 1953 ease­ ment and shut down Enbridge Energy Line 5 under the Straits of Mackinac. Whereas, The Enbridge Energy Line 5 pipeline under the Great Lakes is 62 years old, carries nearly 23 million gallons of light crude oil and natural gas liquids each day, and is within a few miles of the Mackinac Bridge and Mackinac Island, two of Michigan’s most recognizable landmarks; and Whereas, The original agreement with the state of Michigan called for a maximum flow of 300,000 barrels per day, but has since been raised to 540,000 barrels per day, well above the intended amount when originally built; and Whereas, Corrosion is the No. 1 reason that pipelines fail. Between 1996 and 2013, Enbridge’s entire system of pipe­lines had 1,244 reportable spills, leaks, and releases. A University of Michigan study indicates the Straits of Mackinac are the “worst possible place” for an oil spill in the Great Lakes; and Whereas, The United States Coast Guard testified before Congress in 2015 that the Coast Guard would be unable to respond effectively to an open water oil spill in the Great Lakes and that no plan exists for how to recover oil from a leak during the winter when the lake is covered in ice; and Whereas, The Great Lakes provide immeasurable value to Michigan and are deeply rooted in the state’s culture, heritage, and economy. The state’s water resources are vital for agriculture, fishing, irrigation, drinking water, electric generation, mining, manufacturing, and wildlife. The state has more than 3,200 miles of freshwater coastline. Leveraging this important natural resource and ensuring its long-term sustainability are critical to prosperity in Michigan; and Whereas, An oil spill in the Straits of Mackinac would have catastrophic results for the environment and economy in Michigan and would devastate fisheries in the Great Lakes, including the tribal fishing grounds of five federally recognized tribes. Communities that rely on the Great Lakes for their drinking water would be negatively affected. A significant spill could result in serious economic consequences for the entire state, as 1 in 5 Michigan jobs are connected to the Great Lakes and other water resources; and Whereas, Enbridge’s easement with the state of Michigan states that Enbridge “shall follow the usual, necessary and proper procedures for the type of operation involved, and at all times shall exercise the due care of a reasonably prudent person for the safety and welfare of all persons and all public and private property”; and Whereas, Because of insufficient anchoring, the advanced age of the pipeline, the lack of midstream shutoff valves, and insufficient emergency response plans, Enbridge is not operating the pipeline in accordance with the due care of a reasonably prudent person for the safety and welfare of all public and private property; and 1900 JOURNAL OF THE SENATE [December 2, 2015] [No. 105 Whereas, Enbridge was found in 2014 to be in violation of its 1953 easement with the state of Michigan for their anchor spacing requirements; and Whereas, Enbridge’s easement with Michigan requires a liability bond of $1,000,000 and a surety bond of $100,000, amounts that are woefully outdated and ineffective in the event of a catastrophic spill. According to the Michigan Petroleum Pipeline Task Force Report, Enbridge has yet to document that it is in compliance with the easement requirement to cover all damages and losses; and Whereas, The Governor and Attorney General have a perpetual and continuing duty to protect sources of drinking water, fishing, swimming, navigation, commerce, recreation, and ecological values; and Whereas, The Attorney General stated on July 14, 2015, that the pipeline’s days were numbered and that the state would be unlikely to approve a pipeline of this nature if it were proposed today; and Whereas, The Enbridge Energy Line 5 pipeline is a threat to our public waters, and the Governor and Attorney General have an obligation to take action to ensure that the pipeline does not rupture and create an environmental and economic disaster; now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That we urge the Governor and Attorney General to exercise their authority to terminate the 1953 easement and shut down Enbridge Energy Line 5 under the Straits of Mackinac; and be it further Resolved, That copies of this resolution be transmitted to the Governor and Attorney General. Pursuant to rule 3.204, the concurrent resolution was referred to the Committee on Government Operations. Senators Jones and Marleau were named co‑sponsors of the concurrent resolution Introduction and Referral of Bills Senators Jones, Schmidt, Casperson, Horn, Green, Schuitmaker, Young, Booher and Hansen introduced Senate Bill No. 629, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 19b of chapter XIIA (MCL 712A.19b), as amended by 2012 PA 386. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senator Shirkey introduced Senate Bill No. 630, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 6093 and 6097 (MCL 600.6093 and 600.6097), section 6097 as amended by 2002 PA 224. The bill was read a first and second time by title and referred to the Committee on Local Government. Senator Shirkey introduced Senate Bill No. 631, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 43, 44a, 51, 52, 52a, and 54 (MCL 211.43, 211.44a, 211.51, 211.52, 211.52a, and 211.54), section 43 as amended by 1994 PA 253, section 44a as amended by 2012 PA 184, section 51 as amended by 2012 PA 57, and section 52a as added by 2004 PA 441. The bill was read a first and second time by title and referred to the Committee on Local Government. Senator Schuitmaker introduced Senate Bill No. 632, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 308, 846, 866, and 867 (MCL 600.308, 600.846, 600.866, and 600.867), section 308 as amended by 2013 PA 164 and section 846 as amended by 1989 PA 70; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Schuitmaker introduced Senate Bill No. 633, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 1303 (MCL 700.1303), as amended by 2000 PA 54. The bill was read a first and second time by title and referred to the Committee on Judiciary. No. 105] [December 2, 2015] JOURNAL OF THE SENATE 1901 House Bill No. 4983, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 74116 (MCL 324.74116), as amended by 2013 PA 81. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. Statements A moment of silence was observed in memory of Laquan McDonald, shooting victim in Chicago, Illinois, and Detroit activist Ron Scott. Committee Reports The Committee on Health Policy reported Senate Bill No. 352, entitled A bill to allow for designation of a caregiver; to prescribe the duties of a designated caregiver; to enable a hospital to assist in designating a caregiver; and to prescribe the duties of state departments and agencies. With the recommendation that the substitute (S-3) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Jones, Robertson, Hertel, Knezek and Hopgood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Tuesday, December 1, 2015, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Hune, O’Brien, Jones, Robertson, Hertel, Knezek and Hopgood Excused: Senators Marleau and Stamas The Committee on Education reported Senate Bill No. 216, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 4, 6, 98, 107, 230, and 256 (MCL 388.1604, 388.1606, 388.1698, 388.1707, 388.1830, and 388.1856), section 4 as amended by 2012 PA 201 and sections 6, 98, 107, 230, and 256 as amended by 2014 PA 196. With the recommendation that the substitute (S-4) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, December 1, 2015, at 12:18 p.m., Room 110, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek 1902 JOURNAL OF THE SENATE [December 2, 2015] [No. 105 The Committee on Judiciary reported Senate Bill No. 615, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 6094a. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, December 1, 2015, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca and Colbeck Excused: Senator Bieda COMMITTEE ATTENDANCE REPORT he Subcommittee on State Police and Military Affairs submitted the following: T Meeting held on Tuesday, December 1, 2015, at 8:30 a.m., Rooms 402 and 403, Capitol Building Present: Senators Nofs (C), Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Committee on Banking and Financial Institutions submitted the following: T Meeting held on Tuesday, December 1, 2015, at 2:30 p.m., Room 100, Farnum Building Present: Senators Booher (C), O’Brien, Nofs, MacGregor, Rocca, Hertel and Young Excused: Senator Zorn Scheduled Meetings Appropriations Subcommittee K-12, School Aid, Education and House School Aid Appropriations Subcommittee - Thursday, December 3, 8:00 a.m., Room 327, South Tower, House Office Building (373-2768) Michigan Competitiveness - Thursday, December 3, 9:30 a.m., Rooms 402 and 403, Capitol Building (373-5314) Transportation - Thursday, December 3, 8:30 a.m., Room 210, Farnum Building (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:48 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, December 3, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 106 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, December 3, 2015. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—excused Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—excused Warren—present Young—present Zorn—present 1904 JOURNAL OF THE SENATE [December 3, 2015] [No. 106 everend Ian Reed Twiss of Trinity Episcopal Church of Belleville offered the following invocation: R Holy God, we call on You by different names. Today we bow our heads in common sorrow for the victims of yesterday’s shooting in San Bernardino and for their families and loved ones who grieve. Even in this sadness, we give thanks for this and every day that we are given to make a difference in our world. We give thanks to the beautiful variety and the rich resources of Your creation; for the farms, businesses, universities, faiths, and cultures that sustain our state; for the diversity of our people and for the trust that they have placed in those gathered here to govern justly. We humbly ask that the members of the Michigan Senate and all other public servants might by strengthened by Your presence and led in Your wisdom. Theirs is a difficult and sometimes thankless burden. Nourish them in their commitment to good governance. Bestow on them a spirit of cooperation and respect for one another. Make them mindful of those whose lives their decisions affect, especially whose voices may not reach so deeply nor sound so strongly in these halls. For we know that You measure our society’s success not by the achievements of its most powerful, but by the fortunes of its most vulnerable. All this we pray in Your sacred name. Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Hansen and Jones entered the Senate Chamber. Senator Kowall moved that Senators Hildenbrand, Shirkey, MacGregor, Casperson and Meekhof be temporarily excused from today’s session. The motion prevailed. enator Kowall moved that Senators Stamas and Colbeck be excused from today’s session. S The motion prevailed. enator Hood moved that Senators Johnson and Young be temporarily excused from today’s session. S The motion prevailed. The following communication was received and read: Office of the Senate Majority Leader I would like Senate Bill 629 re-referred to the Senate Committee on Judiciary. If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communication was referred to the Secretary for record. December 2, 2015 The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, December 2: House Bill Nos. 4645 4887 5028 5029 5030 5034 The Secretary announced that the following bills were printed and filed on Wednesday, December 2, and are available at the Michigan Legislature website: Senate Bill Nos. 625 626 629 630 631 632 633 House Bill Nos. 5082 5083 5084 5085 5086 5087 5088 5089 5090 5091 5092 5093 5094 5095 5096 5097 5098 5099 5100 5101 5102 5103 5104 5105 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:06 a.m. No. 106] [December 3, 2015] JOURNAL OF THE SENATE 1905 11:51 a.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. During the recess, Senators Casperson, Johnson, Young, Shirkey, Hildenbrand, Meekhof and MacGregor entered the Senate Chamber. enator Kowall moved that rule 2.106 be suspended to allow committees to meet during Senate session. S The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today: Senate Bill No. 418 Senate Bill No. 425 Senate Bill No. 426 Senate Bill No. 612 Senate Bill No. 613 Senate Bill No. 614 Senate Bill No. 616 Senate Bill No. 617 Senate Bill No. 618 The motion prevailed, a majority of the members serving voting therefor. Messages from the House Senate Bill No. 556, entitled A bill to amend 2005 PA 210, entitled “Commercial rehabilitation act,” by amending section 16 (MCL 207.856). The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Robertson as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4594, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 166b (MCL 388.1766b), as amended by 2012 PA 130. Senate Bill No. 612, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 7 (MCL 259.7), as amended by 2002 PA 35. The bills were placed on the order of Third Reading of Bills. 1906 JOURNAL OF THE SENATE [December 3, 2015] [No. 106 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 482, entitled A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending sections 2 and 4a (MCL 722.952 and 722.954a), section 2 as amended by 1997 PA 172 and section 4a as amended by 2010 PA 265. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 483, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 13a and 18f of chapter XIIA (MCL 712A.13a and 712A.18f), section 13a as amended by 2012 PA 163 and section 18f as amended by 2012 PA 115. Substitute (S-1). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 1, following “THE PEOPLE OF THE STATE OF MICHIGAN ENACT:” by inserting: “CHAPTER X Sec. 24. (1) Except as otherwise provided in this section, if a person desires to adopt a child or an adult and to bestow upon the adoptee his or her family name, or to adopt a child or an adult without a name change, with the intent to make the adoptee his or her heir, that person, together with his wife or her husband, OR HER SPOUSE, if married, shall file a petition with the court of the county in which the petitioner resides, where the adoptee is found or, where the parent’s parental rights were terminated or are pending termination. If both parents’ parental rights were terminated at different times and in different courts, a petition filed under this section shall be filed in the court of the county where parental rights were first terminated. If there has been a temporary placement of the child, the petition for adoption shall be filed with the court that received the report described in section 23d(2) of this chapter. (2) Notwithstanding any other provision in this section, the court may allow either of the following to occur: (a) A married individual to adopt an adult without his or her spouse joining in the petition if all of the interested parties consent. (b) A married individual to adopt without his or her spouse joining in the petition if the failure of the other spouse to join in the petition or to consent to the adoption is excused by the court for good cause shown or in the best interest of the child. (3) In an adoption proceeding in which there is more than 1 applicant, the petition for adoption shall be filed with the court of the county where the parent’s parental rights were terminated or are pending termination. If both parents’ parental rights were terminated at different times and in different courts, a petition filed under this section shall be filed in the court of the county where parental rights were first terminated. (4) The petition for adoption shall be verified by each petitioner and shall contain the following information: (a) The name, date and place of birth, and place of residence of each petitioner, including the maiden name of the adopting mother. (b) Except as otherwise provided in subsection (7), the name, date and place of birth, and place of residence if known of the adoptee. (c) The relationship, if any, of the adoptee to the petitioner. (d) The full name by which the adoptee shall be known after adoption. (e) The full description of the property, if any, of the adoptee. (f) Unless the rights of the parents have been terminated by a court of competent jurisdiction or except as otherwise provided in subsection (7), the names of the parents of the adoptee and the place of residence of each living parent if known. (g) Except as otherwise provided in subsection (7), the name and place of residence of the guardian of the person or estate of the adoptee, if any has been appointed. (5) In a direct placement, the petitioner shall attach to the petition a verified statement certifying that the petitioner has been informed of the availability of counseling services and whether the petitioner has received counseling. (6) Except as otherwise provided in this subsection, in a direct placement, the petitioner shall attach a copy of a preplacement assessment of the petitioner completed or updated within 1 year before the petition is filed with a finding that the petitioner is suitable to be a parent of an adoptee, copies of all other preplacement assessments of the petitioner, if any others have been completed, and a verified statement stating that no preplacement assessments of the petitioner have been completed other than those attached to the petition and explaining any preplacement assessments of the petitioner that have been initiated but not completed. If the petitioner is seeking review of a preplacement assessment under section 23f(8) of this chapter, the petitioner may comply with this subsection by attaching a copy of that preplacement assessment and a copy of the application for review, together with copies of all other preplacement assessments and the verified statement required by this section. No. 106] [December 3, 2015] JOURNAL OF THE SENATE 1907 (7) In a direct placement in which the parties have elected not to exchange identifying information, the information required by subsection (4)(f) and (g) and the surname and place of residence of the adoptee required under subsection (4)(b) may be omitted. The attorney or child placing agency assisting in the adoption shall file a verified statement containing the omitted information. Sec. 36. (1) If a child is claimed to be born out of wedlock and the mother executes or proposes to execute a release or consent relinquishing her rights to the child or joins in a petition for adoption filed by her husband, SPOUSE, and the release or consent of the natural father cannot be obtained, the judge shall hold a hearing as soon as practical to determine whether the child was born out of wedlock, to determine the identity of the father, and to determine or terminate the rights of the father as provided in this section and sections 37 and 39 of this chapter. (2) Proof of service of a notice of intent to release or consent or the putative father’s verified acknowledgment of notice of intent to release or consent shall be filed with the court, if the notice was given to the putative father. The court shall request the vital records division of the department of public health AND HUMAN SERVICES to send to the court a copy of any notice of intent to claim paternity of the particular child which THAT the division has received. (3) Notice of the hearing shall be served upon the following: (a) A putative father who has timely filed a notice of intent to claim paternity as provided in section 33 or 34 of this chapter. (b) A putative father who was not served a notice of intent to release or consent at least 30 days before the expected date of confinement specified in the notice of intent to release or consent. (c) Any other male who was not served pursuant ACCORDING to section 34(1) of this chapter with a notice of intent to release or consent and who the court has reason to believe may be the father of the child. (4) The notice of hearing shall inform the putative father that his failure to appear at the hearing shall constitute CONSTITUTES a denial of his interest in custody of the child, which denial shall result in the court’s termination of his rights to the child. (5) Proof of service of the notice of hearing required by subsection (3) shall be filed with the court. A verified acknowledgment of service by the party to be served is proof of personal service. Notice of the hearing shall not be required if the putative father is present at the hearing. A waiver of notice of hearing by a person entitled to receive it is sufficient. (6) The court shall receive evidence as to the identity of the father of the child. Based upon the evidence received, the court shall enter a finding identifying the father or declaring that the identity of the father cannot be determined. (7) If the court finds that the father of the child is a person who did not receive either a timely notice of intent to release or consent pursuant to section 34(1) of this chapter or a notice required pursuant to UNDER subsection (3), and who has neither waived his right to notice of hearing nor is present at the hearing, the court shall adjourn further proceedings until that person is served with a notice of hearing.”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 485, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 13a and 18 of chapter XIIA (MCL 712A.13a and 712A.18), section 13a as amended by 2012 PA 163 and section 18 as amended by 2011 PA 295. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4790, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2015 PA 85. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 418, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 203 (MCL 259.203), as amended by 2008 PA 25. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. 1908 JOURNAL OF THE SENATE [December 3, 2015] [No. 106 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 425, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 35 (MCL 259.35), as amended by 2002 PA 352. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 426, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 34 (MCL 259.34), as amended by 1996 PA 370. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 613, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2012 PA 226, and by adding section 6c. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 614, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 21 (MCL 205.111), as amended by 2014 PA 80, and by adding section 6c. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. Senator O’Brien asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator O’Brien’s statement is as follows: Madam President, I rise to honor the life of Sergeant Lisa Zuk, a 14-year veteran of the city of Kalamazoo Department of Public Safety, who passed away this past Monday morning at the age of 37, following a battle with breast cancer that spanned more than two years. Sergeant Zuk has a long history in Kalamazoo County, having attended Gull Lake High School and then Western Michigan University in the Criminal Justice Tracking program, culminating at the Kalamazoo Valley Community College Police Academy. Lisa interned with the department when she was in college, so, in fact, her commitment to public service lasted well over 16 years. Sergeant Zuk’s colleagues have expressed the utmost respect for her passion for life, positivity, sense of humor, and selflessness. The way Lisa addressed her cancer and her fighting spirit were described by staff at the Kalamazoo Depart­ ment of Public Safety as her legacy. When first diagnosed at the age of 35, she discovered she carried the gene mutation BRCA1. She underwent 16 weeks of chemotherapy, a double mastectomy, and had her ovaries and fallopian tubes removed. While recovering, she went back to work. Even in the midst of her second battle with cancer, she never complained or bemoaned her fate and, in fact, kept working at the Department of Public Safety. She was always worried about everyone but herself and had an amazing outlook on life. Everyone in her life has been positively impacted by her actions, and she will be greatly missed by her colleagues and our entire community at-large. She is survived by her parents, Mr. and Mrs. Mike Moore from Galesburg, who are watching today online. She is also survived by her husband Zac, who is also a police officer with Kalamazoo Township, and her 3-year-old daughter Zoe. No. 106] [December 3, 2015] JOURNAL OF THE SENATE 1909 Today here, we have from the city of Kalamazoo’s Department of Public Safety both Sergeant Gretchen Mayo and Public Safety Officer Jen Bryant. We also have Kalamazoo Township Police Chief Tim Bourgeois. They are all up in the Gallery. I would ask you, Madam President, and all my colleagues to rise for a moment of silence to honor the life of Ser­ geant Lisa Zuk and her many contributions to public safety in Kalamazoo County. A moment of silence was observed in memory of Sergeant Lisa Zuk, Kalamazoo Department of Public Safety. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 12:14 p.m. 12:49 p.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Robertson as Chairperson. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 616, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 12 (MCL 205.62), as amended by 2008 PA 438, and by adding section 4ee. Substitute (S-1). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 1, line 5, after “TAX” by striking out “IMPOSED AT A RATE OF 4%”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 617, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 14b (MCL 205.104b), as amended by 2008 PA 439, and by adding section 4cc. Substitute (S-1). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 1, line 2, after “TAX” by striking out “IMPOSED AT A RATE OF 4%”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 618, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 19 and 22 (MCL 211.19 and 211.22), section 19 as amended by 2014 PA 87 and section 22 as amended by 2013 PA 153, and by adding section 9p. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. 1910 JOURNAL OF THE SENATE [December 3, 2015] [No. 106 By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: Senate Bill No. 616 Senate Bill No. 617 Senate Bill No. 618 Senate Bill No. 418 Senate Bill No. 425 Senate Bill No. 426 Senate Bill No. 612 Senate Bill No. 613 Senate Bill No. 614 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: Senate Bill No. 616, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 12 (MCL 205.62), as amended by 2008 PA 438, and by adding section 4ee. The question being on the passage of the bill, Senator Knezek offered the following amendment: 1. Amend page 5, following line 15, by inserting: “Enacting section 1. The legislature shall annually appropriate sufficient funds from the state general fund to the state school aid fund created in section 11 of article IX of the state constitution of 1963 to fully compensate for any loss of revenue to the state school aid fund resulting from the enactment of this amendatory act.”. The amendment was adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 542 Yeas—21 Booher Horn Meekhof Schmidt Brandenburg Knezek Nofs Schuitmaker Casperson Kowall O’Brien Shirkey Green MacGregor Proos Smith Hansen Marleau Robertson Zorn Hildenbrand Nays—15 Ananich Hertel Bieda Hood Emmons Hopgood Gregory Hune Johnson Rocca Jones Warren Knollenberg Young Pavlov Excused—2 Colbeck Stamas No. 106] [December 3, 2015] JOURNAL OF THE SENATE 1911 Not Voting—0 In The Chair: O’Brien enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 617, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 14b (MCL 205.104b), as amended by 2008 PA 439, and by adding section 4cc. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 543 Yeas—21 Booher Horn Meekhof Schmidt Brandenburg Knezek Nofs Schuitmaker Casperson Kowall O’Brien Shirkey Green MacGregor Proos Smith Hansen Marleau Robertson Zorn Hildenbrand Nays—15 Ananich Hertel Bieda Hood Emmons Hopgood Gregory Hune Johnson Rocca Jones Warren Knollenberg Young Pavlov Excused—2 Colbeck Stamas Not Voting—0 In The Chair: O’Brien enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 618, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 9p. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1912 Roll Call No. 544 JOURNAL OF THE SENATE [December 3, 2015] [No. 106 Yeas—21 Booher Horn Meekhof Schmidt Brandenburg Knezek Nofs Schuitmaker Casperson Kowall O’Brien Shirkey Green MacGregor Proos Smith Hansen Marleau Robertson Zorn Hildenbrand Nays—15 Ananich Hertel Bieda Hood Emmons Hopgood Gregory Hune Johnson Rocca Jones Warren Knollenberg Young Pavlov Excused—2 Colbeck Stamas Not Voting—0 In The Chair: O’Brien enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. Protests Senators Warren, Young, Bieda, Hood, Hopgood, Gregory and Ananich, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill Nos. 616, 617, and 618. Senator Warren moved that the statement she made during the discussion of Senate Bill No. 616 be printed as her reasons for voting “no.” The motion prevailed. Senator Warren’s statement, in which Senators Young, Bieda, Hood, Hopgood, Gregory and Ananich concurred, is as follows: I appreciate the comments of the good Senator from the 26th District and the passion that she brings to this issue. I can guarantee you that there is nobody on my side of the aisle, including me, who, when you have a company from outside of the state that says they want to make a multi-billion-dollar investment in your state, isn’t working hard to get to “yes.” We want to find a way to attract this kind of industry to encourage additional investment in this state. In all honesty, we take very seriously that we have to be good stewards of the taxpayers of this state and their resources. What this company is asking for, to locate here, is a complete exemption from the sales tax, use tax, and personal property tax. The good Senator was right in saying that it doesn’t bind us to any future payments to these companies, but it will shortchange our School Aid Fund and General Fund and funds to our local communities that they would otherwise be getting. That is a concern. We also have a data center industry in this state that has existed and has been growing and thriving. Data centers are not new in this state. We have them in Lansing, Grand Rapids, Kalamazoo, Battle Creek, Flint, Ann Arbor, Southfield, Detroit, and Alpena. We have a number of these companies hiring people, who have employees on the ground, who have made investments, and found Michigan to be a fertile place to find talent and grow their businesses without asking for any tax breaks. I think it is worth asking ourselves why we need to give away the store to get one more company to locate here. No. 106] [December 3, 2015] JOURNAL OF THE SENATE 1913 These companies have testified that they weren’t looking for anything special from Michigan, but rather to level the playing field to what other states had given them. But if you look across at what other states have given them in giving them the support they are asking for from us today, those states required things from them. They required minimum thresholds of jobs created—direct jobs—salary minimums to be paid, and the time period in which to pay. So, not just to say that we are going to grow jobs, but we are going to grow this many jobs by this date at this salary. If we are leveling the playing field with other states, why aren’t we asking them to do the same here in our state? We have gone through this process many times where we have considered tax policy that makes carve-outs and special exemptions to a particular company or a particular industry, which has made it very challenging for our budget. We have found too often in the past that the promises in the press releases don’t end up being honored when they are on the ground here. We want to get to “yes,” but we need assurances that the taxpayers’ monies are going to be protected, that these jobs are going to be protected, and that those who have been investing in our state aren’t going to be harmed by a competitor from out of the state that doesn’t have to play by the same rules. Frankly, the idea that we would want to attract an industry that needs well-trained employees to make their business run and at the same time steal funds from the School Aid Fund that would be helping to train those future employees with skills needed to be successful in that industry seems counterintuitive to me. I personally can’t be at “yes” here today because I can’t assure my colleagues that we have done due diligence. I can’t assure my constituents that we are being good stewards of the taxpayers’ money, and I can’t assure that this company will even come, spend a dollar, or hire one employee. We have none of these assurances, yet we are making wholesale changes to policy in order to attempt to lure them here. I look forward to continuing to work with my colleagues on both sides of the aisle as we move forward on this issue. It is an important debate, but I will be voting “no” today, and I am asking my colleagues to do the same. The following bill was read a third time: Senate Bill No. 418, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 203 (MCL 259.203), as amended by 2008 PA 25. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 545 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Emmons Hune Nofs Smith Green Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Nays—0 Excused—2 Colbeck Stamas Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. 1914 JOURNAL OF THE SENATE [December 3, 2015] [No. 106 The following bill was read a third time: Senate Bill No. 425, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 35 (MCL 259.35), as amended by 2002 PA 352. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 546 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Emmons Hune Nofs Smith Green Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Nays—0 Excused—2 Colbeck Stamas Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 426, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 34 (MCL 259.34), as amended by 1996 PA 370. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 547 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Emmons Hune Nofs Smith Green Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn No. 106] [December 3, 2015] JOURNAL OF THE SENATE 1915 Nays—0 Excused—2 Colbeck Stamas Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 612, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 7 (MCL 259.7), as amended by 2002 PA 35. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 548 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Emmons Hune Nofs Smith Green Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Nays—0 Excused—2 Colbeck Stamas Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. 1916 JOURNAL OF THE SENATE [December 3, 2015] [No. 106 The following bill was read a third time: Senate Bill No. 613, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2012 PA 226, and by adding section 6c. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 549 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Emmons Hune Nofs Smith Green Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Nays—0 Excused—2 Colbeck Stamas Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 614, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 21 (MCL 205.111), as amended by 2014 PA 80, and by adding section 6c. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 550 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Emmons Hune Nofs Smith Green Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn No. 106] [December 3, 2015] JOURNAL OF THE SENATE 1917 Nays—0 Excused—2 Colbeck Stamas Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. enators Bieda and Warren offered the following resolution: S Senate Resolution No. 120. A resolution to memorialize the Congress of the United States to enact legislation that prohibits the sale of cleaning products and personal care products containing plastic microbeads. Whereas, Plastic microbeads are increasingly found in cleaning and personal care products, such as facial scrubs, soaps, and toothpaste. After use, these microbeads are flushed down drains and eventually flow to lakes and streams where they degrade slowly, if at all, and accumulate; and Whereas, Plastic microbeads have been found in significant concentrations in the Great Lakes. One study identified an average of nearly 17,000 plastic microbeads per square mile floating in the Great Lakes. In areas downstream of major cities, microbeads were as high as 180,000 particles per square mile. Based on size, shape, texture, composition, and color, the vast majority of these microbeads originated from cleaning and personal care products; and Whereas, Plastic microbeads raise serious concerns related to their impact on the environment and people. Microbeads are easily ingested by fish and other aquatic animals, potentially harming their growth and health. Microbeads may also attract and concentrate toxic substances, such as PCBs and PBDEs, found in the water. When the microbeads are ingested, the toxic substances may accumulate up the food chain, increasing the risk that people may eat contaminated fish; and Whereas, The benefits of plastic microbeads in consumer products are not commensurate with the impacts. Cleansers, soaps, and toothpaste may be improved by microbeads but are still effective without them. Furthermore, there are biode­ gradable, natural alternatives to plastic microbeads that are economically feasible, as evidenced by their current use in certain personal care products; now, therefore, be it Resolved by the Senate, That we memorialize the Congress of the United States to enact legislation that prohibits the sale of cleaning products and personal care products containing plastic microbeads; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Natural Resources. The motion prevailed. Senators Booher, Jones, Kowall, Proos and Schmidt were named co‑sponsors of the resolution. 1918 JOURNAL OF THE SENATE [December 3, 2015] [No. 106 enator Casperson offered the following resolution: S Senate Resolution No. 121. A resolution to memorialize the Congress of the United States to address freeze emergencies and their consequences by enacting legislation to define freeze emergencies as major disasters eligible for federal disaster relief and emergency assistance. Whereas, During the 2013-14 winter season, much of the northern United States experienced extended extreme cold weather events. From frigid temperatures to heavy snowfall to arctic wind chills and the thaws that followed, severe winter weather was constant; and Whereas, Michigan’s Upper Peninsula experienced some of the worst weather that winter. Temperatures were routinely below the average daily recordings from 1981 to 2010, with subzero weather a regular occurrence. Because of the freezing temperatures, elevated numbers of water customers from communities throughout the Upper Peninsula needed to have their pipes thawed, including almost 25 percent of customers in the city of Negaunee. Roads, underground water mains, sewers, and hydrants were also damaged from the extreme cold weather. Damages amounted to over $6.5 million in Marquette, Michigan, and more than $19 million in the Upper Peninsula and three northern counties in the Lower Peninsula; and Whereas, Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, federal aid may be available to state and local governments facing a major disaster, which includes any natural catastrophe. Specifically listed are hurricanes, earthquakes, floods, fires, and snowstorms, among other events. Not expressly on the list are extreme cold weather events like freezes, prolonged freezes, and related thaws. It is long overdue that these events, which can be devastating, are added to the act’s definition of major disasters. Severe freeze emergencies, like that experienced recently across the Upper Peninsula, deserve the attention of federal aid and relief efforts the same as any other disaster; and Whereas, Congress is currently considering legislation on disaster assistance reform. This effort presents an opportunity for freeze emergencies to be addressed and for freezes, prolonged freezes, and related thaws to be added to the definition of major disaster; now, therefore, be it Resolved by the Senate, That we memorialize the Congress of the United States to address freeze emergencies and their consequences by enacting legislation to define freeze emergencies as major disasters eligible for federal disaster relief and emergency assistance; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Local Government. The motion prevailed. Senators Bieda, Booher, Hansen, Kowall, Proos and Schmidt were named co‑sponsors of the resolution. By unanimous consent the Senate proceeded to the order of Statements Senators Gregory and Schuitmaker asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Gregory’s statement is as follows: I solemnly rise to request a moment of silence for our former colleague in the House of Representatives, the Honor­ able Rosetta Sexton Ferguson, who passed on November 18, 2015, in Royal Oak, Michigan. Representative Ferguson served in the Legislature from 1965 to 1978 and was a champion for civil rights, family values, and quality education for children in the Detroit Public Schools. We send our sincere condolences to her son, Huey Ferguson, who is a personal friend, their family, friends, and loved ones on their loss. May Representative Ferguson rest in peace. A moment of silence was observed in memory of former State Representative Rosetta Sexton Ferguson. enator Schuitmaker’s statement is as follows: S I regret that I didn’t get up earlier this week when I received this wonderful challenge coin. I would like to thank my colleague on the other side of the aisle, along with all of our colleagues, to thank you for your service to our country, and thank you very much for the challenge coin, Senator Knezek. No. 106] [December 3, 2015] JOURNAL OF THE SENATE 1919 By unanimous consent the Senate returned to the order of Introduction and Referral of Bills Senators Jones and Horn introduced Senate Bill No. 634, entitled A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending section 13 (MCL 15.243), as amended by 2006 PA 482. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Casperson introduced Senate Bill No. 635, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec­ tions 43504, 43523a, 43523b, 43527a, 43528b, and 43532 (MCL 324.43504, 324.43523a, 324.43523b, 324.43527a, 324.43528b, and 324.43532), section 43504 as amended by 2004 PA 587 and sections 43523a, 43523b, and 43527a as added and sections 43528b and 43532 as amended by 2013 PA 108, and by adding section 43527c. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. Senator Hune introduced Senate Bill No. 636, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 4ee. The bill was read a first and second time by title and referred to the Committee on Finance. Senator Hune introduced Senate Bill No. 637, entitled A bill to amend 1965 PA 329, entitled “Michigan seed law,” by amending sections 2, 4, 7, and 9 (MCL 286.702, 286.704, 286.707, and 286.709), sections 2, 4, and 9 as amended by 1996 PA 86 and section 7 as amended by 1988 PA 455. The bill was read a first and second time by title and referred to the Committee on Agriculture. Senator Robertson introduced Senate Bill No. 638, entitled A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 3, 5, 9, 11, 24, 33, 35, 47, 51, 54, and 55 (MCL 169.203, 169.205, 169.209, 169.211, 169.224, 169.233, 169.235, 169.247, 169.251, 169.254, and 169.255), sections 3, 11, and 35 as amended by 2012 PA 273, sections 5 and 24 as amended by 1999 PA 237, section 9 as amended by 2012 PA 275, sections 33, 47, and 55 as amended by 2013 PA 252, section 51 as amended by 1989 PA 95, and section 54 as amended by 1995 PA 264, and by adding section 24b. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senator Robertson introduced Senate Bill No. 639, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 509t, 509v, 730, 731, and 733 (MCL 168.509t, 168.509v, 168.730, 168.731, and 168.733), section 509t as amended by 2004 PA 92, section 509v as added by 1994 PA 441, sections 730 and 731 as amended by 1995 PA 261, and section 733 as amended by 1996 PA 583, and by adding sections 30h, 761b, 761c, and 764d. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senator Robertson introduced Senate Bill No. 640, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 957 (MCL 168.957). The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. 1920 JOURNAL OF THE SENATE [December 3, 2015] [No. 106 Senator Shirkey introduced Senate Bill No. 641, entitled A bill to amend 1905 PA 282, entitled “An act to provide for the assessment of the property, by whomsoever owned, operated or conducted, of railroad companies, union station and depot companies, telegraph companies, telephone companies, sleeping car companies, express companies, car loaning companies, stock car companies, refrigerator car companies, and fast freight companies, and all other companies owning, leasing, running or operating any freight, stock, refrigerator, or any other cars, not being exclusively the property of any railroad company paying taxes upon its rolling stock under the provisions of this act, over or upon the line or lines of any railroad or railroads in this state, and for the levy of taxes thereon by a state board of assessors, and for the collection of such taxes, and to repeal all acts or parts of acts contravening any of the provisions of this act,” by amending sections 4 and 5 (MCL 207.4 and 207.5), as amended by 2002 PA 610. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. House Bill No. 4645, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2015 PA 19. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. House Bill No. 4887, entitled A bill to amend 2000 PA 161, entitled “Michigan education savings program act,” by amending section 9 (MCL 390.1479), as amended by 2007 PA 153. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. House Bill No. 5028, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding chapter 19A. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 5029, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tions 1986 and 1987. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 5030, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 1989. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 5034, entitled A bill to provide for fiduciary access to digital assets; and to provide for the powers and procedures of the court that has jurisdiction over these matters. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. No. 106] [December 3, 2015] JOURNAL OF THE SENATE 1921 Committee Reports The Committee on Commerce reported Senate Bill No. 418, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 203 (MCL 259.203), as amended by 2008 PA 25. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor, Nofs and Hertel Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Commerce reported Senate Bill No. 425, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 35 (MCL 259.35), as amended by 2002 PA 352. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor, Nofs and Hertel Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Commerce reported Senate Bill No. 426, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 34 (MCL 259.34), as amended by 1996 PA 370. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor, Nofs and Hertel Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Commerce reported Senate Bill No. 472, entitled A bill to amend 1999 PA 244, entitled “An act to require tobacco product manufacturers to place funds in escrow for medical expenses incurred by the state due to tobacco related illnesses; to establish a formula for determining the amount of the escrow; to establish the conditions for release of funds from escrow; to prescribe powers and duties of the attorney general; and to provide for civil penalties for violation of this act,” by amending sections 1 and 2 (MCL 445.2051 and 445.2052), section 2 as amended by 2003 PA 286. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor, Nofs and Hertel Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. 1922 JOURNAL OF THE SENATE [December 3, 2015] [No. 106 The Committee on Commerce reported Senate Bill No. 473, entitled A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” (MCL 205.421 to 205.436) by adding section 6e. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor, Nofs and Hertel Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Commerce reported Senate Bill No. 476, entitled A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending sections 7 and 11 (MCL 205.427 and 205.431), section 7 as amended by 2014 PA 298 and section 11 as amended by 2012 PA 325. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor, Nofs and Hertel Nays: None The bill was referred to the Committee of the Whole. The Committee on Commerce reported Senate Bill No. 612, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 7 (MCL 259.7), as amended by 2002 PA 35. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor, Nofs and Hertel Nays: None The bill was referred to the Committee of the Whole. The Committee on Commerce reported Senate Bill No. 613, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2012 PA 226, and by adding section 6c. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor, Nofs and Hertel Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Commerce reported Senate Bill No. 614, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 21 (MCL 205.111), as amended by 2014 PA 80, and by adding section 6c. No. 106] [December 3, 2015] JOURNAL OF THE SENATE 1923 ith the recommendation that the substitute (S-1) be adopted and that the bill then pass. W The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor, Nofs and Hertel Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Commerce submitted the following: T Meeting held on Wednesday, December 2, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Schmidt (C), Kowall, MacGregor, Nofs and Hertel The Committee on Finance reported Senate Bill No. 579, entitled A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2 and 4 (MCL 125.2652 and 125.2654), section 2 as amended by 2013 PA 67 and section 4 as amended by 2012 PA 502. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported Senate Bill No. 619, entitled A bill to amend 1980 PA 450, entitled “The tax increment finance authority act,” by amending sections 1 and 3 (MCL 125.1801 and 125.1803), section 1 as amended by 2014 PA 38 and section 3 as amended by 2005 PA 14. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported Senate Bill No. 620, entitled A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending sections 1 and 3 (MCL 125.1651 and 125.1653), section 1 as amended by 2013 PA 66 and section 3 as amended by 2005 PA 115. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson 1924 JOURNAL OF THE SENATE [December 3, 2015] [No. 106 To Report Out: Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported Senate Bill No. 621, entitled A bill to amend 2005 PA 280, entitled “Corridor improvement authority act,” by amending sections 3 and 18 (MCL 125.2873 and 125.2888), section 3 as amended by 2013 PA 68 and section 18 as amended by 2008 PA 44. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported Senate Bill No. 622, entitled A bill to amend 2008 PA 94, entitled “Water resource improvement tax increment finance authority act,” by amending sections 3 and 15 (MCL 125.1773 and 125.1785), section 3 as amended by 2013 PA 25. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported Senate Bill No. 623, entitled A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending sections 2 and 4 (MCL 125.2152 and 125.2154), section 2 as amended by 2013 PA 62 and section 4 as amended by 2012 PA 290. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported Senate Bill No. 624, entitled A bill to amend 2004 PA 530, entitled “Historical neighborhood tax increment finance authority act,” by amending sections 3 and 17 (MCL 125.2843 and 125.2857), section 3 as amended by 2010 PA 237. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. No. 106] [December 3, 2015] JOURNAL OF THE SENATE 1925 The Committee on Finance reported House Bill No. 4685, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 6a (MCL 205.56a), as amended by 2013 PA 1. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Finance submitted the following: T Meeting held on Tuesday, December 1, 2015, at 2:30 p.m., Room 210, Farnum Building Present: Senators Brandenburg (C), Robertson, Knollenberg, Casperson, Proos, Bieda and Warren The Committee on Natural Resources reported Senate Bill No. 507, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 175. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Pavlov, Robertson and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Natural Resources reported Senate Bill No. 591, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 63201 (MCL 324.63201), as added by 2004 PA 449, and by adding part 634. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Pavlov and Robertson Nays: Senator Warren The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Natural Resources submitted the following: T Meeting held on Wednesday, December 2, 2015, at 12:30 p.m., Room 210, Farnum Building Present: Senators Casperson (C), Pavlov, Robertson and Warren Excused: Senator Stamas The Committee on Regulatory Reform reported Senate Bill No. 554, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16206. 1926 JOURNAL OF THE SENATE [December 3, 2015] [No. 106 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, Marleau, Hune, Warren, Hertel and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Regulatory Reform reported Senate Bill No. 555, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 210 (MCL 339.210). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, Marleau, Hune, Warren, Hertel and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Regulatory Reform reported House Bill No. 4581, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 205 (MCL 436.1205), as amended by 2010 PA 213. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, Marleau, Hune, Warren, Hertel and Johnson Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Regulatory Reform submitted the following: T Meeting held on Wednesday, December 2, 2015, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Rocca (C), Jones, Knollenberg, Kowall, Marleau, Hune, Warren, Hertel and Johnson The Committee on Michigan Competitiveness reported Senate Bill No. 616, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 12 (MCL 205.62), as amended by 2008 PA 438, and by adding section 4ee. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Robertson and Proos Nays: Senator Warren The bill and the substitute recommended by the committee were referred to the Committee of the Whole. No. 106] [December 3, 2015] JOURNAL OF THE SENATE 1927 The Committee on Michigan Competitiveness reported Senate Bill No. 617, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 14b (MCL 205.104b), as amended by 2008 PA 439, and by adding section 4cc. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Robertson and Proos Nays: Senator Warren The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Michigan Competitiveness reported Senate Bill No. 618, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 19 and 22 (MCL 211.19 and 211.22), section 19 as amended by 2014 PA 87 and section 22 as amended by 2013 PA 153, and by adding section 9p. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Robertson and Proos Nays: Senator Warren The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Michigan Competitiveness submitted the following: T Meeting held on Thursday, December 3, 2015, at 9:30 a.m., Rooms 402 and 403, Capitol Building Present: Senators Shirkey (C), Robertson, Proos and Warren Excused: Senator Stamas COMMITTEE ATTENDANCE REPORT he Committee on Michigan Competitiveness submitted the following: T Meeting held on Wednesday, December 2, 2015, at 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Robertson, Proos and Warren Excused: Senator Stamas COMMITTEE ATTENDANCE REPORT he Committee on Insurance submitted the following: T Meeting held on Wednesday, December 2, 2015, at 2:00 p.m., Room 100, Farnum Building Present: Senators Hune (C), Brandenburg, Schmidt, O’Brien, Horn, Jones, Bieda, Johnson and Young COMMITTEE ATTENDANCE REPORT he Subcommittee on K-12, School Aid, Education submitted the following: T Joint meeting held on Thursday, December 3, 2015, at 8:00 a.m., Room 327, South Tower, House Office Building Present: Senators Hansen (C), Pavlov and Hopgood 1928 JOURNAL OF THE SENATE [December 3, 2015] [No. 106 Scheduled Meetings Health Policy - Tuesday, December 8, 12:30 p.m., Room 210, Farnum Building (373-1721) Insurance - Wednesday, December 9, 2:00 p.m., Room 100, Farnum Building (373-5312) Judiciary - Tuesday, December 8, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 1:36 p.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Tuesday, December 8, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 107 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, December 8, 2015. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—excused Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1930 JOURNAL OF THE SENATE [December 8, 2015] [No. 107 Dr. Joel Beeke of Puritan Reformed Seminary of Grand Rapids offered the following invocation: Most High God, we thank Thee that Thou are the living, Triune God. Grant us to know Thy greatness and to feel our smallness. Thy kingdom is an everlasting kingdom, and Thy dominion is from generation to generation. Thou rules over the kingdom of humanity, and the powers that be are Thy servants for the good of mankind. Heavenly Father, I thank Thee for these state legislators and pray that Thou would grant them in all that they do the holy fear of Thy name, which esteems the smiles and frowns of Thyself to be of greater value than the smiles and frowns of men. Guide them in all the decisions they make. Grant them wisdom—heavenly wisdom—above and beyond their own. Help them to serve Thee and others as men and women of truth, fairness, and love. Let them hate sin and to honor Thy Son, the King of kings and Lord of lords. I pray they would pursue and promote spiritual, moral, and fiscal righteousness. Grant them the courage and wisdom to show mercy to the needy and to defend the defenseless. Fill them with an overflowing ocean of compassion. Let the reign of love be their motive and the law of love their rule. Let them strive to be godly men and women, well-known for their integrity. Let them be honored for their goodness by the people who elected them. Lord, we live in troubling, sin-embracing times when many people seem to do that which is right in their own eyes rather than Thine, with regard to issues that relate to the sanctity of life and the foundational structures of our society. Lord, deliver us from going our own way. Help us all to humble ourselves before Thee, to repent sin, and to come back to Thee; for Thou has promised that if we repent, Thou will hear us from heaven, forgive our sins, and heal our land. Wash away all of our shortcomings and sins in Christ’s atoning blood. Help us to remember that Thou, O God, are the judge of all the earth. Grant us all, therefore, that we may find mercy from Thy Son when He returns to judge the living and the dead. In Christ’s name, we pray. Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senator Casperson be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senator Hansen be excused from today’s session. S The motion prevailed. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:07 a.m. 11:24 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senator Casperson entered the Senate Chamber. By unanimous consent the Senate proceeded to the order of Messages from the Governor The following messages from the Governor were received and read: November 30, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Civil Rights Commission Laura Reyes-Kopack of 9905 Auburndale Drive, Livonia, Michigan 48150, county of Wayne, representing Republicans, succeeding Agustin Arbulu, is appointed for a term expiring December 31, 2016. Rasha Demashkieh of 5620 Lakeshore Road, Fort Gratiot, Michigan 48059, county of Saint Clair, representing Indepen­ dents, succeeding herself, is reappointed for a term expiring December 31, 2019. Deloris Hunt of 27256 Winterset Circle, Farmington Hills, Michigan 48334, county of Oakland, representing Democrats, succeeding herself, is reappointed for a term expiring December 31, 2019. No. 107] [December 8, 2015] JOURNAL OF THE SENATE 1931 November 30, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Gaming Control Board Patrick M. McQueen of 1915 Hickory Bark Lane, Bloomfield Hills, Michigan 48304, county of Oakland, a Republican, succeeding himself, is reappointed for a term expiring December 31, 2019. Andrew T. Palms of 10500 Scio Church Road, Chelsea, Michigan 48118, county of Washtenaw, a Democrat, succeeding himself, is reappointed for a term expiring December 31, 2019. November 30, 2015 I respectfully submit to the Senate the following appointment to office: Mental Health Diversion Council Milton L. Mack of 38715 Meadowlawn Drive, Wayne, Michigan 48184, county of Wayne, representing the State Court Administrative Office, succeeding John Hohman, is appointed for a term expiring January 30, 2016. December 3, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Domestic and Sexual Violence Prevention and Treatment Board Yvonne D. Brantley of 2005 Fremont Street, Bay City, Michigan 48708, county of Bay, succeeding herself, is reappointed for a term expiring December 4, 2018. Elizabeth P. Hines of 826 Sunrise Court, Ann Arbor, Michigan 48103, county of Washtenaw, succeeding herself, is reappointed for a term expiring December 4, 2018. Jeffrey L. Sauter of 2682 Walnut Grove, Grand Ledge, Michigan 48837, county of Eaton, succeeding himself, is reappointed for a term expiring December 4, 2018. December 3, 2015 I respectfully submit to the Senate the following appointments to office: Chair - Governor’s Task Force on Child Abuse and Neglect John A. Hohman of 8866 Sydney Drive, Saline, Michigan 48176, county of Washtenaw, is appointed for a term expiring at the pleasure of the Governor. overnor’s Task Force on Child Abuse and Neglect G Tana Bridge of 6838 Kings Mill Drive, Canton, Michigan 48187, county of Wayne, representing health and mental health professionals, succeeding Gary Anderson, is appointed for a term expiring December 31, 2018. Robinjit Eagleson of 15787 Pastoral Path, East Lansing, Michigan 48823, county of Ingham, representing judges and attorneys, succeeding herself, is reappointed for a term expiring December 31, 2018. Nick Lyon of 201 Townsend Street, Lansing, Michigan 48913, county of Ingham, representing Director of the Department of Health and Human Services, succeeding himself, is reappointed for a term expiring December 31, 2018. Frederick Gruber of 18551 Country Club Court, Riverview, Michigan 48193, county of Wayne, representing child advocates, succeeding himself, is reappointed for a term expiring December 31, 2018. John A. Hohman of 8866 Sydney Drive, Saline, Michigan 48176, county of Washtenaw, representing judges and attorneys, succeeding Kenneth Tacoma, is appointed for a term expiring December 31, 2018. Veda D. Thompkins of 18727 Avon Street, Detroit, Michigan 48219, county of Wayne, representing law enforcement community, succeeding Larry Watkins, is appointed for a term expiring December 31, 2016. December 3, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Board of Medicine Michael Chrissos of 415 Sumark Way, Ann Arbor, Michigan 48103, county of Washtenaw, representing physicians, succeeding Richard Burney, is appointed for a term expiring December 31, 2019. Louis Joseph Prues of 1047 Audubon, Grosse Pointe Park, Michigan 48230, county of Wayne, representing the general public, succeeding himself, is reappointed for a term expiring December 31, 2019. James D. Rogers of 4612 Arthur Court, Williamsburg, Michigan 49690, county of Grand Traverse, representing physicians, succeeding himself, is reappointed for a term expiring December 31, 2019. Dennis C. Szymanski of 1744 N. M63, Benton Harbor, Michigan 49022, county of Berrien, representing physicians, succeeding himself, is reappointed for a term expiring December 31, 2019. Mohammed Ali Arsiwala of 914 Pond Island Court, Novi, Michigan 48167, county of Wayne, representing physicians, succeeding himself, is reappointed for a term expiring December 31, 2019. Rosalie Tocco-Bradley of 133 Ashley Mews Drive, Ann Arbor, Michigan 48104, county of Washtenaw, representing physicians, succeeding herself, is reappointed for a term expiring December 31, 2019. 1932 JOURNAL OF THE SENATE [December 8, 2015] [No. 107 December 3, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Veterans’ Facilities Board of Managers Paul W. Potter of 2633 Middleboro Lane, N.E., Grand Rapids, Michigan 49506, county of Kent, representing Veterans of Foreign Wars, succeeding Ernest Meyers, is appointed for a term expiring February 28, 2017. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Schmidt as Chairperson. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 250, entitled A bill to amend 2014 PA 138, entitled “Workforce opportunity wage act,” by amending section 4b (MCL 408.414b). Senate Bill No. 509, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 145f. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 187, entitled A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by amending sections 2, 3, 3a, 4, 4a, 8, 9, 10, 11b, 12, 13, 14, 15, 16, and 19 (MCL 432.102, 432.103, 432.103a, 432.104, 432.104a, 432.108, 432.109, 432.110, 432.111b, 432.112, 432.113, 432.114, 432.115, 432.116, and 432.119), sections 2 and 9 as amended by 2008 PA 401, sections 3, 4a, and 12 as amended by 2012 PA 189, sections 3a, 8, 10, and 11b as amended by 2006 PA 427, sections 4, 13, 14, 15, and 16 as amended by 1999 PA 108, and section 19 as amended by 1995 PA 263, and by adding article 2; to designate sections 1 to 20 as article 1; and to repeal acts and parts of acts. Substitute (S-4). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 105, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes No. 107] [December 8, 2015] JOURNAL OF THE SENATE 1933 for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 10 (MCL 247.660), as amended by 2014 PA 473, and by adding section 11g. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 234, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 651, 655, and 657 (MCL 206.651, 206.655, and 206.657), section 651 as amended by 2011 PA 171 and sections 655 and 657 as added by 2011 PA 38. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 581, entitled A bill to amend 1994 PA 295, entitled “Sex offenders registration act,” by amending sections 5, 5a, 5b, 7, 8, 33, and 34 (MCL 28.725, 28.725a, 28.725b, 28.727, 28.728, 28.733, and 28.734), sections 5 and 5b as amended by 2011 PA 17, section 5a as amended by 2013 PA 149, section 7 as amended by 2011 PA 18, section 8 as amended by 2013 PA 2, section 33 as added by 2005 PA 127, and section 34 as amended by 2005 PA 322. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 508, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 145e. Substitute (S-3). The following are the amendments to the substitute recommended by the Committee of the Whole: 1. Amend page 2, line 10, after “(A)” by inserting “TO THE EXTENT CONTENT IS PROVIDED BY ANOTHER PERSON,”. 2. Amend page 2, line 10, after “PROVIDING” by inserting a colon and “(i) AN”. 3. Amend page 2, line 11, after “230” by striking out the comma and “OR” and inserting a semicolon and “(ii)”. 4. Amend page 2, line 13, after “153” by striking out the balance of the line through “PERSON.” on line 14 and inserting a semicolon and “(iii) A COMMERCIAL MOBILE SERVICE AS DEFINED IN 47 USC 332; (iv) A DIRECT-TO-HOME SATELLITE SERVICE AS DEFINED IN 47 USC 303(v); OR (v) A VIDEO SERVICE AS DEFINED IN 2006 PA 480, MCL 484.3301 TO 484.3315.”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 592, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 10205 (MCL 333.10205), as added by 1999 PA 62. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. 1934 JOURNAL OF THE SENATE [December 8, 2015] [No. 107 By unanimous consent the Senate returned to the order of Messages from the House House Bill No. 4059, entitled A bill to amend 1980 PA 300, entitled “An act to provide a retirement system for the public school employees of this state; to create certain funds for this retirement system; to provide for the creation of a retirement board; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; to authorize and make appropriations for the retirement system; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 61 (MCL 38.1361), as amended by 2012 PA 464. The House of Representatives has amended the Senate substitute (S-8) as follows: 1. Amend page 9, following line 4, by striking out all of subsection (11) and inserting: “(11) SUBSECTION (1) DOES NOT APPLY TO A RETIRANT WHO IS A FORMER TEACHER OR ADMINISTRATOR WHO RETIRES AFTER JUNE 30, 2010 AND ON OR BEFORE OCTOBER 1, 2014, WHO FOLLOWING A BONA FIDE TERMINATION, INCLUDING NOT WORKING IN THE MONTH OF HIS OR HER RETIREMENT EFFECTIVE DATE, BECOMES EMPLOYED IN A TEACHING OR RESEARCH CAPACITY OR IN A PROGRAM-DEPARTMENT DIRECTION CAPACITY BY A UNIVERSITY THAT IS CONSIDERED A REPORTING UNIT FOR THE LIMITED PURPOSE DESCRIBED IN SECTION 7(3). A RETIRANT DESCRIBED IN THIS SUBSECTION IS NOT ELIGIBLE TO USE ANY SERVICE OR COMPENSATION ATTRIBUTABLE TO THE EMPLOYMENT DESCRIBED IN THIS SUBSECTION FOR RECOMPUTATION OF HIS OR HER RETIREMENT ALLOWANCE. THE REPORTING UNIT AT WHICH THE RETIRANT PROVIDES THE SERVICES DESCRIBED IN THIS SUBSECTION SHALL PAY 100% OF THE CONTRIBUTION RATES FOR THE UNFUNDED ACTUARIAL ACCRUED LIABILITY FOR RETIREE HEALTH CARE AND THE UNFUNDED ACTUARIAL ACCRUED LIABILITY FOR PENSION TO THE RETIREMENT SYSTEM FOR THE EMPLOYMENT DESCRIBED IN THIS SUBSECTION. THE REPORTING UNIT SHALL REPORT THE EMPLOYMENT OF A RETIRANT AS DESCRIBED IN THIS SUBSECTION TO THE RETIREMENT SYSTEM BY JULY 1 OF EACH YEAR. THE REPORTING UNIT SHALL INCLUDE IN THE REPORT THE NAME OF THE RETIRANT, THE CAPACITY IN WHICH THE RETIRANT IS EMPLOYED, AND THE TOTAL ANNUAL COMPENSATION PAID TO THE RETIRANT.”. The House of Representatives has concurred in the Senate substitute (S-8) as amended and agreed to the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the House amendment made to the Senate substitute, The amendment was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 551 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Hansen No. 107] [December 8, 2015] JOURNAL OF THE SENATE 1935 Not Voting—0 In The Chair: O’Brien Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 513 Senate Bill No. 481 Senate Bill No. 482 Senate Bill No. 483 Senate Bill No. 485 The motion prevailed. The President, Lieutenant Governor Calley, assumed the Chair. Senator Colbeck stated that had he been present on December 3 when the votes were taken on the passage of the following bills, he would have voted “nay”: Senate Bill No. 616 Senate Bill No. 617 Senate Bill No. 618 Senator Colbeck stated that had he been present on December 3 when the votes were taken on the passage of the following bills, he would have voted “yea”: Senate Bill No. 418 Senate Bill No. 425 Senate Bill No. 426 Senate Bill No. 612 Senate Bill No. 613 Senate Bill No. 614 The following bill was read a third time: Senate Bill No. 513, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 3a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 552 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hertel Nays—0 1936 JOURNAL OF THE SENATE [December 8, 2015] [No. 107 Excused—1 Hansen Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 481, entitled A bill to amend 2000 PA 321, entitled “Recreational authorities act,” by amending sections 3 and 11 (MCL 123.1133 and 123.1141), as amended by 2003 PA 135, and by adding section 12. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 553 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Marleau Shirkey Casperson Horn Meekhof Smith Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Nays—1 Rocca Excused—1 Hansen Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. No. 107] [December 8, 2015] JOURNAL OF THE SENATE 1937 The following bill was read a third time: Senate Bill No. 482, entitled A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending sections 2 and 4a (MCL 722.952 and 722.954a), section 2 as amended by 1997 PA 172 and section 4a as amended by 2010 PA 265. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 554 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Hansen Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 483, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 13a and 18f of chapter XIIA (MCL 712A.13a and 712A.18f), section 13a as amended by 2012 PA 163 and section 18f as amended by 2012 PA 115. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 555 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren 1938 JOURNAL OF THE SENATE [December 8, 2015] [No. 107 Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Hansen Not Voting—0 In The Chair: President enator Jones offered to amend the title to read as follows: S A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 24 and 36 of chapter X and sections 13a and 18f of chapter XIIA (MCL 710.24, 710.36, 712A.13a, and 712A.18f), section 24 of chapter X as amended by 2014 PA 531, section 36 of chapter X as amended by 1996 PA 409, section 13a of chapter XIIA as amended by 2012 PA 163, and section 18f of chapter XIIA as amended by 2012 PA 115. The amendment to the title was adopted. The Senate agreed to the title as amended. The following bill was read a third time: Senate Bill No. 485, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 13a and 18 of chapter XIIA (MCL 712A.13a and 712A.18), section 13a as amended by 2012 PA 163 and section 18 as amended by 2011 PA 295. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 556 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Hansen No. 107] [December 8, 2015] JOURNAL OF THE SENATE 1939 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. enators Hertel, Bieda, Hood, Young, Warren, Hopgood and Ananich offered the following resolution: S Senate Resolution No. 122. A resolution to designate December 9-16, 2015, as Remembrance for All Victims of Gun Violence Week in Michigan. Whereas, Twenty children and six teachers were shot and killed at Sandy Hook Elementary School in Newtown, Connecticut, on December 14, 2012; and Whereas, In the United States, an average of seven children and teens under the age of 20 are killed by guns every day; and Whereas, American children die by guns 11 times as often as children in other high-income countries; and Whereas, Since 1968, more Americans have perished in acts of domestic gun violence than in all the wars in our nation’s history; and Whereas, Gun violence claims the lives of over 30,000 Americans every year, with over 19,000 suicides and over 11,000 homi­cides; and Whereas, The faith communities, the peace communities, the education communities, and the medical communities of Michigan wish to honor and remember all victims of gun violence in thoughtful prayer, contemplation, and quiet reflec­ tion; and Whereas, The National Vigil to #End Gun Violence is a nationwide observance to honor the lives and memories of the victims from December 9-16, 2015; and Whereas, We as a state must do what we can to reduce this growing epidemic of gun violence in our state and our country; now, therefore, be it Resolved by the Senate, That the members of this legislative body designate December 9-16, 2015, as Remembrance for All Victims of Gun Violence Week in Michigan; and be it further Resolved, That each of us is encouraged to honor our peacemakers and renew our commitment to the prevention of gun violence in the future. Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations. Senators Booher, Gregory and Smith were named co‑sponsors of the resolution. enator Schmidt offered the following concurrent resolution: S Senate Concurrent Resolution No. 21. A concurrent resolution to memorialize the Congress of the United States to enact legislation that prohibits the manu­ facture and sale of consumer products containing plastic microbeads. Whereas, Manufacturers have been adding plastic microbeads to facial scrubs, toothpaste, and other personal care products for years. After use of these products, microbeads wash down drains but are not removed by most municipal wastewater treatment plants. Once in the environment, they degrade very slowly, if at all; and Whereas, Plastic microbeads are now found in ever-increasing quantities in the Great Lakes and the oceans. Studies have identified these particles in concentrations as high as 180,000 particles per square mile in areas downstream of major cities on the Great Lakes, with average concentrations of 17,000 particles per square mile in the Great Lakes; and Whereas, Plastic microbeads pose a threat to aquatic life in the Great Lakes and the oceans. These small particles can be mistaken for food by fish and other aquatic life, providing no nutritional value and potentially affecting growth. In addition, toxic pollutants may concentrate on the surface of plastic microbeads, increasing exposure to fish and people that eat fish; and 1940 JOURNAL OF THE SENATE [December 8, 2015] [No. 107 Whereas, Allowing the continued buildup of plastic microbeads in the Great Lakes runs counter to the current efforts to clean up the lakes. Michigan, the other Great Lakes states, and the federal government invest millions of dollars each year to protect and restore the Great Lakes and their billion-dollar commercial and sport fisheries; and Whereas, The most efficient and cost-effective means to stop the buildup of plastic microbeads is to eliminate them from consumer products. Plastic microbeads are not essential, and these products will still be effective without them. Plastic micro­ beads may also be replaced with natural alternatives. It is far easier to remove plastic microbeads from products than install expensive upgrades to wastewater treatment plants throughout the country; and Whereas, Industry leaders have begun to voluntarily phase out plastic microbeads. Unilever and some other companies have already removed all plastic microbeads from their personal care products. Other major companies, such as Johnson & Johnson, L’Oréal, and Proctor & Gamble, have pledged to phase out polyethylene microbeads; and Whereas, Current federal legislation (H.R. 1321) would prohibit the sale or distribution of cosmetics containing plastic microbeads. If enacted, all plastic microbeads in these products, whether biodegradable or not, would be phased out over the next three years. Enactment would apply uniform standards across the country to all manufacturers and ensure the protection of our treasured waters; now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That we memorialize the Congress of the United States to enact legislation that prohibits the manufacture and sale of consumer products containing plastic microbeads; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Opera­ tions, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the concurrent resolution, Senator Kowall moved that the concurrent resolution be referred to the Committee on Natural Resources. The motion prevailed. Senators Booher, Casperson, Gregory, Jones, Kowall and Zorn were named co‑sponsors of the concurrent resolution. Introduction and Referral of Bills Senators Warren, Ananich, Gregory, Bieda, Hertel, Hopgood and Young introduced Senate Bill No. 642, entitled A bill to amend 2010 PA 270, entitled “Property assessed clean energy act,” by amending sections 3, 9, and 15 (MCL 460.933, 460.939, and 460.945). The bill was read a first and second time by title and referred to the Committee on Energy and Technology. Senators Young, Ananich and Gregory introduced Senate Bill No. 643, entitled A bill to require all state departments and agencies to establish certain water affordability criteria; and to prescribe the powers and duties of certain state and local governmental officers and entities. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senator Stamas introduced Senate Bill No. 644, entitled A bill to amend 1987 PA 230, entitled “Municipal health facilities corporations act,” by amending section 305a (MCL 331.1305a), as added by 2010 PA 331. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senator Kowall introduced Senate Bill No. 645, entitled A bill to establish uniform criteria for determining an employee-employer relationship for purposes of the laws of this state; to prohibit misclassification of employees in reports required of employers by this state; and to provide sanctions. The bill was read a first and second time by title and referred to the Committee on Commerce. No. 107] [December 8, 2015] JOURNAL OF THE SENATE 1941 House Bill No. 4095, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies and for capital outlay for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4408, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 18813. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Agriculture. House Bill No. 4598, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16192 and 16201 (MCL 333.16192 and 333.16201), section 16192 as amended by 2013 PA 268 and section 16201 as amended by 1988 PA 462, and by adding section 16326 and part 171. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Health Policy. House Bill No. 4747, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5821 (MCL 600.5821), as amended by 1988 PA 35. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4999, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7405, 16192, 16201, 16349, 17708, 17751, and 17763 (MCL 333.7405, 333.16192, 333.16201, 333.16349, 333.17708, 333.17751, and 333.17763), sections 7405, 17708, and 17763 as amended by 2012 PA 209, section 16192 as amended by 2013 PA 268, section 16201 as amended by 1988 PA 462, section 16349 as added by 1993 PA 79, and section 17751 as amended by 2014 PA 525. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Agriculture. Statements Senators Meekhof and Bieda asked and were granted unanimous consent to make statements and moved that the state­ ments be printed in the Journal. The motion prevailed. Senator Meekhof’s statement is as follows: I rise today to take a moment to recognize a hero, a husband, and a father who passed away last month. Ottawa County Deputy Sheriff Matthew Chatfield lost his battle with colon cancer on Thanksgiving Day. Deputy Chatfield was 39 years old and leaves behind his wife and three children. Chatfield was born in Onsted and graduated from Grand Valley State University in 1999. Following graduation, Chatfield began his career at the Ottawa County Sheriff’s Department. As was noted in local coverage of Deputy Chatfield’s service: “The celebration of life lasted more than an hour as family members and loved ones shared stories of their time spent with Chatfield. They spoke about his battle with cancer, his love for his community, and his choice to protect it as a member of law enforcement.” The holidays are a wonderful time to celebrate and enjoy the spirit of the holiday season. More importantly, the holidays are a time to gather with our family and friends and appreciate the people in our lives who support us and bring us joy; also to remember those who are no longer with us. It will certainly be a bittersweet holiday season for the Chatfield family, and I hope they find peace and comfort in memories and fellow loved ones. A moment of silence was observed in memory of Ottawa County Deputy Sheriff Matthew Chatfield. 1942 JOURNAL OF THE SENATE [December 8, 2015] [No. 107 Senator Bieda’s statement is as follows: Saturday night our longtime-serving Macomb County Treasurer Ted B. Wahby passed away. Ted was a very good friend of mine, and I have known him for quite a few years. I started in Young Democrats, and Ted was a very forceful personality in Macomb County politics, the community, and in a whole incredible range of things that he was involved in. I think the best thing I could say about him, of many good things, was that I considered him a very good friend. He had a great sense of humor. I will always remember one of the things that always stuck out in mind was the number of different roasts I would go to, and he had an incredibly gifted sense of humor. Ted was also a very complex individual with an incredible array of talents and contributions to the community. He was born on February 10, 1931, in Leamington, Ontario, to Joseph and Ann Wahby. In 1952, he met the love of his life, Yvonne, at a dance in Windsor. They married on April 25, 1953, at Immaculate Conception Church in Windsor. After living in Windsor and Detroit, they became residents of St. Clair Shores in 1964, where they raised their six children: Sandra, Joseph, Cheryl, Walter, Susan, Teddy, and Michelle. They were later blessed with the job of grandparenthood with the addition on nine grandchildren and three great-grandchildren. Ted had a remarkable career of service in both the business and political sectors. He was a Comerica Bank vice president for 31 years, as well as vice chairman of Ferris State University’s Board of Regents and Finance Committee chairman. Because he believed in improving the lives of others, he began his political career as Lake Shore School Board vice presi­ dent from 1979 to 1981. He was elected to the St. Clair Shores City Council and served from 1981 to 1983, until he became the St. Clair Shore’s mayor from 1983 to 1995. In 1995-present, Ted served as Macomb County Treasurer, a role he has filled with much passion. His legacy of service to all who had the pleasure of coming into contact with him will long be remembered. He served numerous organizations to improve and benefit our state, county, community, and individuals’ quality of life. He was Michigan State Transportation Commission chairman, Macomb County Building Authority treasurer, Macomb County Economic Development Corporation member, Macomb County Solid Waste Planning Committee member, Shorewood Kiwanis member, Bishop Murphy Knights of Columbus 4th degree member, Medstar Ambulance Board of Directors mem­ ber, University Truckload Services, Inc., Board of Directors member and chairman of the Audit Committee, M-59 Corridor Association member, Lebanese-American Chamber of Commerce advisory member, and Mt. Clemens General Hospital— now McLaren Macomb Hospital—chairman of the board, where the Ted B. Wahby Cancer Center was named in his honor. Indeed, he was a much-beloved, admired community leader whose tireless work over the years has touched thousands. The life of Ted Wahby is a study in the power of hard work, dedication, and commitment. To all who came into contact with this highly-respected individual, he exemplified the spirit, enthusiasm, and dedication necessary in today’s world. He believed his duty in life was to help those in need. Hence, his work to feed the homeless and the poor at his home parish of St. Margaret of Scotland Church in St. Clair Shores and leaving Christmas gifts for needy children. He has been a public servant of the highest caliber who was the winner of five National Association of County Achievement awards, March of Dimes Man of the Year, Mt. Clemens General Hospital Citizen of the Year, SEMCOG Joint Public Services award recipient for Outstanding Leadership, Thanks for Giving Awards Committee recognition for philanthropic and volunteer efforts, Michigan Hospital Association Healthcare Leadership Award, Kiwanis Hickson Award, and Macomb County Hall of Fame inductee. In Crain’s Detroit Business Special Report on Regional Leadership, Ted was named as one of 21 regional powerbrokers. Understanding, unselfish, and untiring in his efforts to help others, Ted’s legacy will live on. He has left an unfillable void in many lives, and we extend our sympathies to those who suffer his loss but treasure his memory. A moment of silence was observed in memory of Ted B. Wahby, Macomb County Treasurer. By unanimous consent the Senate returned to the order of Motions and Communications The following communication was received and read: Office of the Auditor General December 3, 2015 nclosed is a copy of the following audit report: E Performance audit report on the Licensing and Regulating of Automotive-Related Businesses and Mechanics, Depart­ ment of State. Sincerely, Doug Ringler Auditor General The audit report was referred to the Committee on Government Operations. No. 107] [December 8, 2015] JOURNAL OF THE SENATE 1943 The Secretary announced that the following House bills were received in the Senate and filed on Thursday, December 3: House Bill Nos. 4095 4408 4598 4747 4999 The Secretary announced that the following bills were printed and filed on Thursday, December 3, and are available at the Michigan Legislature website: House Bill Nos. 5106 5107 5108 The Secretary announced that the following bills and joint resolution were printed and filed on Friday, December 4, and are available at the Michigan Legislature website: Senate Bill Nos. 634 635 636 637 638 639 640 641 House Bill Nos. 5109 5110 5111 5112 5113 5114 5115 5116 5117 5118 5119 5120 House Joint Resolution EE Committee Reports The Committee on Transportation reported Senate Bill No. 51, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 4a. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, December 3, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood The Committee on Families, Seniors and Human Services reported House Bill No. 4658, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 6096. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported House Bill No. 4742, entitled A bill to make uniform the laws relating to support enforcement; and to repeal acts and parts of acts. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson 1944 JOURNAL OF THE SENATE [December 8, 2015] [No. 107 To Report Out: Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported House Bill No. 4743, entitled A bill to amend 1971 PA 174, entitled “Office of child support act,” by amending section 3 (MCL 400.233), as amended by 2014 PA 381. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported House Bill No. 4744, entitled A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 2 (MCL 552.602), as amended by 2014 PA 373. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported House Bill No. 4745, entitled A bill to amend 1982 PA 294, entitled “Friend of the court act,” by amending section 2 (MCL 552.502), as amended by 2009 PA 233. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Families, Seniors and Human Services submitted the following: T Meeting held on Wednesday, December 2, 2015, at 3:00 p.m., Room 210, Farnum Building Present: Senators Emmons (C), Pavlov, Jones, Casperson and Johnson COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Thursday, December 3, 2015, at 1:39 p.m., Room 100, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher and Knezek Excused: Senator Colbeck No. 107] [December 8, 2015] JOURNAL OF THE SENATE 1945 Scheduled Meetings Appropriations - Wednesday, December 9, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-1801) Commerce - Wednesday, December 9, 8:30 a.m., Room 210, Farnum Building (373-5312) Education - Wednesday, December 9, 8:30 a.m., Room 110, Farnum Building (373-5314) Insurance - Wednesday, December 9, 2:00 p.m., Room 100, Farnum Building (373-5312) Natural Resources - Wednesday, December 9, 12:30 p.m., Room 210, Farnum Building (373-5314) Outdoor Recreation and Tourism - Wednesday, December 9, 12:30 p.m., Room 110, Farnum Building (373-1721) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 12:04 p.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, December 9, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1946 No. 108 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, December 9, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1948 JOURNAL OF THE SENATE [December 9, 2015] [No. 108 enator John M. Proos of the 21st District offered the following invocation: S Heavenly Father, we come to You as sinners, as broken men and women asking for Your divine mercy and forgiveness. We bring these sins of omission, these sins of failure to You, the Father of our Savior Jesus Christ, and ask that You bring pardon and forgiveness to us, Your children. In Matthew’s Gospel today, You state, “Come to me, all you who labor and are burdened, and I will give you rest. Take my yoke upon you, and learn from me; for I am meek and humble of heart, and you will find rest for yourselves. For my yoke is easy, and my burden light.” Lord, help us to see that in You our burden is light and that in this extraordinary year of mercy, each of us may come to see Your forgiveness that will lighten our burden. We give thanks for the gift of Your Son Jesus and ask that You bring peace and comfort to Your people during this Christmas season when we celebrate the birth of the Savior. Finally, Lord, we ask that You grant safety and well-being to the men and women who protect the freedoms we hold dear, and bless the men and women in this chamber and their families as we gather to celebrate the beauty of this great gift. We ask all this in Your most blessed name. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Young moved that Senators Hood, Johnson and Knezek be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senator Knollenberg be temporarily excused from today’s session. S The motion prevailed. Senator Kowall moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today: Senate Bill No. 638 The motion prevailed, a majority of the members serving voting therefor. The following communications were received and read: Office of the Auditor General nclosed is a copy of the following Preliminary Survey Summary: E Prisoner Food Services, Department of Corrections. December 4, 2015 December 7, 2015 nclosed is a copy of the following audit report: E Performance audit report of the Real Estate Division, Department of Technology, Management, and Budget. Sincerely, Doug Ringler Auditor General The preliminary survey summary and audit report were referred to the Committee on Government Operations. The following communication was received: Department of State December 4, 2015 In accordance with Section 257.810b(7) of Public Act 300 of 1949, we have attached a TACF report for the Department of State for the period of October 1, 2014 through September 30, 2015. Deposits and charges in the TACF during this time period were $110,817,931 and $110,614,736, respectively. Data used in the preparation of this report was obtained from the MAIN-MIDB database. Sincerely, Rose Jarois, Director Department Services Administration The communication was referred to the Secretary for record. No. 108] [December 9, 2015] JOURNAL OF THE SENATE 1949 The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, December 8: House Bill Nos. 4990 4991 4992 4993 4994 5105 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Schuitmaker as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4438, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17744a (MCL 333.17744a), as added by 2013 PA 186, and by adding section 17744d. Senate Bill No. 615, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 6094a. Senate Bill No. 476, entitled A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending sections 7 and 11 (MCL 205.427 and 205.431), section 7 as amended by 2014 PA 298 and section 11 as amended by 2012 PA 325. Senate Bill No. 507, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 175. Senate Bill No. 554, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16206. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 171, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7d (MCL 211.7d), as amended by 2012 PA 66. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4212, entitled A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 11 (MCL 46.11), as amended by 2012 PA 15. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4215, entitled A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private 1950 JOURNAL OF THE SENATE [December 9, 2015] [No. 108 roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 6 of chapter IV (MCL 224.6), as amended by 2012 PA 14. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 200, entitled A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding section 88s. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendments, the following bill: Senate Bill No. 578, entitled A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending sections 2, 6, and 13 (MCL 445.1632, 445.1636, and 445.1643), section 2 as amended by 2012 PA 443; and to repeal acts and parts of acts. The following are the amendments recommended by the Committee of the Whole: 1. Amend page 4, line 5, after “Sec. 6.” by striking out “At” and inserting “(1) SUBJECT TO SUBSECTION (2), AT”. 2. Amend page 5, following line 6, by inserting: “(2) IF THE FEDERAL GOVERNMENT REPEALS OR AMENDS 12 CFR 1024.6 OR OTHERWISE CEASES PUBLICATION OF THE SPECIAL INFORMATION BOOKLET DESCRIBED IN SUBSECTION (1), THE DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES SHALL PREPARE A DOCUMENT THAT DESCRIBES THE RIGHTS OF BORROWERS IN MORTGAGE LOAN TRANSACTIONS; ANNUALLY REVIEW THE DOCUMENT TO ENSURE THE ACCURACY OF ANY TELEPHONE NUMBERS, INTERNET WEBSITE ADDRESSES, OR OTHER INFORMATION INCLUDED IN THE DOCUMENT; AND MAKE THE DOCUMENT AVAILABLE TO LENDERS AND THE PUBLIC. IF THE DOCUMENT DESCRIBED IN THIS SUBSECTION IS AVAILABLE TO A LENDER UNDER THIS SUBSECTION AT THE TIME A PERSON APPLIES FOR A MORTGAGE LOAN, THE LENDER SHALL PROVIDE THE APPLICANT WITH A COPY OF THAT DOCUMENT.”. The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 352, entitled A bill to allow for designation of a caregiver; to prescribe the duties of a designated caregiver; to enable a hospital to assist in designating a caregiver; and to prescribe the duties of state departments and agencies. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 472, entitled A bill to amend 1999 PA 244, entitled “An act to require tobacco product manufacturers to place funds in escrow for medical expenses incurred by the state due to tobacco related illnesses; to establish a formula for determining the amount of the escrow; to establish the conditions for release of funds from escrow; to prescribe powers and duties of the attorney general; and to provide for civil penalties for violation of this act,” by amending sections 1 and 2 (MCL 445.2051 and 445.2052), section 2 as amended by 2003 PA 286. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. No. 108] [December 9, 2015] JOURNAL OF THE SENATE 1951 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 473, entitled A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” (MCL 205.421 to 205.436) by adding section 6e. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 555, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 210 (MCL 339.210). Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 638, entitled A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 3, 5, 9, 11, 24, 33, 35, 47, 51, 54, and 55 (MCL 169.203, 169.205, 169.209, 169.211, 169.224, 169.233, 169.235, 169.247, 169.251, 169.254, and 169.255), sections 3, 11, and 35 as amended by 2012 PA 273, sections 5 and 24 as amended by 1999 PA 237, section 9 as amended by 2012 PA 275, sections 33, 47, and 55 as amended by 2013 PA 252, section 51 as amended by 1989 PA 95, and section 54 as amended by 1995 PA 264, and by adding section 24b. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senators Johnson and Knollenberg entered the Senate Chamber. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Schuitmaker admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:25 a.m. 10:30 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senators Hood and Knezek entered the Senate Chamber. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 151, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16 of chapter X (MCL 770.16), as amended by 2011 PA 212. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. 1952 JOURNAL OF THE SENATE [December 9, 2015] [No. 108 Senate Bill No. 400, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending the heading of part 121 and sections 12101, 12102, 12102a, 12103, 12105, 12107, 12109, 12111, 12112, 12113, 12114, 12115, 12116, and 12117 (MCL 324.12101, 324.12102, 324.12102a, 324.12103, 324.12105, 324.12107, 324.12109, 324.12111, 324.12112, 324.12113, 324.12114, 324.12115, 324.12116, and 324.12117), sections 12101, 12102, 12105, 12107, 12111, and 12113 as amended by 2008 PA 8, section 12102a as amended by 2008 PA 153, sections 12103, 12109, and 12112 as amended by 2014 PA 286, sections 12114 and 12116 as amended by 1998 PA 140, and section 12115 as amended by 2004 PA 587. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending the heading of part 121 and sections 11704, 12101, 12102, 12102a, 12103, 12105, 12107, 12109, 12111, 12112, 12113, 12114, 12115, 12116, and 12117 (MCL 324.11704, 324.12101, 324.12102, 324.12102a, 324.12103, 324.12105, 324.12107, 324.12109, 324.12111, 324.12112, 324.12113, 324.12114, 324.12115, 324.12116, and 324.12117), section 11704 as amended by 2004 PA 381, sections 12101, 12102, 12105, 12107, 12111, and 12113 as amended by 2008 PA 8, section 12102a as amended by 2008 PA 153, sections 12103, 12109, and 12112 as amended by 2014 PA 286, sections 12114 and 12116 as amended by 1998 PA 140, and section 12115 as amended by 2004 PA 587. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 557 Yeas—37 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knollenberg Robertson Zorn Hansen Nays—0 Excused—0 Not Voting—1 Knezek In The Chair: President Senator Hood moved that Senator Knezek be temporarily excused from the balance of today’s session. The motion prevailed. No. 108] The The The The [December 9, 2015] JOURNAL OF THE SENATE 1953 question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 401, entitled A bill to amend 1998 PA 138, entitled “Hazardous materials transportation act,” by amending sections 2 and 3 (MCL 29.472 and 29.473), section 2 as amended by 2013 PA 74. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senator Knezek entered the Senate Chamber. Senator Kowall moved that the enrollment be vacated on the following bill: Senate Bill No. 400, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending the heading of part 121 and sections 12101, 12102, 12102a, 12103, 12105, 12107, 12109, 12111, 12112, 12113, 12114, 12115, 12116, and 12117 (MCL 324.12101, 324.12102, 324.12102a, 324.12103, 324.12105, 324.12107, 324.12109, 324.12111, 324.12112, 324.12113, 324.12114, 324.12115, 324.12116, and 324.12117), sections 12101, 12102, 12105, 12107, 12111, and 12113 as amended by 2008 PA 8, section 12102a as amended by 2008 PA 153, sections 12103, 12109, and 12112 as amended by 2014 PA 286, sections 12114 and 12116 as amended by 1998 PA 140, and section 12115 as amended by 2004 PA 587. The motion prevailed. Senator Kowall moved to reconsider the vote by which the House substitute was concurred in. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 558 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The bill was referred to the Secretary for enrollment printing and presentation to the Governor. 1954 JOURNAL OF THE SENATE [December 9, 2015] [No. 108 Senate Bill No. 402, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13c of chapter XVII (MCL 777.13c), as amended by 2006 PA 59. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 529, entitled A bill to amend 2008 PA 260, entitled “Guardianship assistance act,” by amending sections 2, 3, 4, 5a, 5b, 6, 7, 8, and 9 (MCL 722.872, 722.873, 722.874, 722.875a, 722.875b, 722.876, 722.877, 722.878, and 722.879), sections 2, 3, 4, and 9 as amended and sections 5a and 5b as added by 2009 PA 15 and section 6 as amended by 2011 PA 229, and by adding section 5c. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 2008 PA 260, entitled “An act to provide for assistance payments to certain guardians of minors; and to provide for duties and responsibilities of certain state departments and agencies,” by amending sections 2, 3, 4, 5a, 5b, 6, 7, 8, and 9 (MCL 722.872, 722.873, 722.874, 722.875a, 722.875b, 722.876, 722.877, 722.878, and 722.879), sections 2, 3, 4, and 9 as amended and sections 5a and 5b as added by 2009 PA 15 and section 6 as amended by 2011 PA 229, and by adding sections 5c and 5d. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 559 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. No. 108] [December 9, 2015] JOURNAL OF THE SENATE 1955 Senate Bill No. 530, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 13a of chapter XIIA (MCL 712A.13a), as amended by 2012 PA 163. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 560 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage: Senate Bill No. 638 The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 638 House Bill No. 4843 House Bill No. 4594 House Bill No. 4790 Senate Bill No. 187 1956 JOURNAL OF THE SENATE [December 9, 2015] [No. 108 Senate Bill No. 105 Senate Bill No. 234 Senate Bill No. 581 Senate Bill No. 508 Senate Bill No. 509 Senate Bill No. 592 The motion prevailed. The following bill was read a third time: Senate Bill No. 638, entitled A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 3, 5, 9, 11, 33, 35, 54, and 55 (MCL 169.203, 169.205, 169.209, 169.211, 169.233, 169.235, 169.254, and 169.255), sections 3, 11, and 35 as amended by 2012 PA 273, section 5 as amended by 1999 PA 237, section 9 as amended by 2012 PA 275, sections 33 and 55 as amended by 2013 PA 252, and section 54 as amended by 1995 PA 264, and by adding section 24b. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 561 Yeas—25 Booher Hildenbrand Marleau Schmidt Brandenburg Horn Meekhof Schuitmaker Casperson Hune Nofs Shirkey Colbeck Knollenberg Pavlov Smith Emmons Kowall Proos Stamas Green MacGregor Robertson Zorn Hansen Nays—13 Ananich Hood Jones Rocca Bieda Hopgood Knezek Warren Gregory Johnson O’Brien Young Hertel Excused—0 Not Voting—0 In The Chair: President enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. Protests Senators Ananich, Bieda and Hertel, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 638 and moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.” The motion prevailed. No. 108] [December 9, 2015] JOURNAL OF THE SENATE 1957 enator Ananich’s statement is as follows: S I rise to urge my colleagues to vote “no” on this bill. Let’s be very clear here. This has nothing to do with speech and every­thing to do with power. Specifically, the power of those who have it and are rigging the system against those who don’t. The right and the left may not agree on much, but the one universal truth is that campaign finance laws in this country are a joke, and now the majority wants to make Michigan part of the punch line. We’re already a laughingstock when it comes to ethics, so I guess campaign finance is next. This legislation can be compared to seeing a building on fire and deciding that dousing it in gasoline is the best way to put it out. Everyday, regular folks already don’t believe their government works for them. This bill will not help change their perception. Please consider the impact this will have on a system I truly believe we all care about. enator Bieda’s statement is as follows: S Colleagues, I am also rising in opposition to Senate Bill No. 638. A Republican campaign lawyer said it best: “Money as speech cannot be regulated; it cannot be controlled.” I would like you to take a minute to think about that. I want you to take a minute and think about your constituents and how they feel about the unrestricted flow of outside money into our political process. Codifying and expanding the reach of the Citizens United ruling flies in the face of what the citizens of Michigan actually want. Michiganders do not want more money in politics. Michiganders do not want corporations interfering with elections. What they do want is something better than an “F” when it comes to transparency. They want a truly representative gov­ern­ ment free from gerrymandering and ever-increasing restrictions placed on the right to vote. This bill firmly points Michigan in the wrong direction toward a future of dark money and convoluted electoral processes. According to a national Bloomberg Politics poll, 78 percent of Americans want Citizens United overturned, yet you are standing here today to codify this horrendous ruling into Michigan law. Colleagues, a “no” vote on this legislation will represent the overwhelming will of the American people. I urge a “no” vote on this. enator Hertel’s statement is as follows: S I also rise today to offer my “no” vote explanation for Senate Bill No. 638. My colleagues on the other side of the aisle say this simply codifies the Citizens United ruling. I strongly disagree; this is much, much worse. These bills will expand the loopholes in Michigan’s already-dated campaign finance laws and would allow super PACs to get involved with the referendums and ballot initiatives and continue to control this process. Just last year right before Christmas, my colleagues on the other side of the aisle doubled the campaign finance limits to give themselves a nice Christmas bonus heading into the new year. Now we are doing that exact same thing again. We are assuring that corporations can give unlimited amounts of money for their own special interests in the state. No one outside of this chamber—and I mean no one—believes that we need more special interest money in politics. Only those who are sitting here and benefiting from it believe that is the case. As you may recall, Michigan was recently ranked last in the nation when it comes to ethics and transparency in lawmaking—dead last. We talk a lot about accountability and metrics in this chamber, and we talk a lot about reviewing things, yet we were ranked dead last in accountability. We are just going to make it worse with this bill. We shouldn’t be helping dark money get an additional foot­ hold in our state and in our elections process. Instead, we should be making it easier for people to know who is influencing our elections and votes in the Legislature. Let’s vote against dark money, and let’s vote to fix the transparency issues that we have in this state. I encourage my colleagues to vote “no” on this legislation. The following bill was read a third time: House Bill No. 4843, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7403 and 7404 (MCL 333.7403 and 333.7404), as amended by 2012 PA 183. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 562 Yeas—38 Ananich Hertel Bieda Hildenbrand Booher Hood Brandenburg Hopgood Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey 1958 JOURNAL OF THE SENATE [December 9, 2015] [No. 108 Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4594, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 166b (MCL 388.1766b), as amended by 2012 PA 130. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 563 Yeas—38 Ananich Hertel Bieda Hildenbrand Booher Hood Brandenburg Hopgood Casperson Horn Colbeck Hune Emmons Johnson Green Jones Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Smith O’Brien Stamas Pavlov Warren Proos Young No. 108] Gregory Hansen [December 9, 2015] JOURNAL OF THE SENATE 1959 Knezek Robertson Zorn Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4790, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 6 (MCL 388.1606), as amended by 2015 PA 139. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 564 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 In The Chair: President Not Voting—0 1960 JOURNAL OF THE SENATE [December 9, 2015] [No. 108 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 187, entitled A bill to amend 1972 PA 382, entitled “Traxler-McCauley-Law-Bowman bingo act,” by amending sections 2, 3, 3a, 4, 4a, 8, 9, 10, 11b, 12, 13, 14, 15, 16, and 19 (MCL 432.102, 432.103, 432.103a, 432.104, 432.104a, 432.108, 432.109, 432.110, 432.111b, 432.112, 432.113, 432.114, 432.115, 432.116, and 432.119), sections 2 and 9 as amended by 2008 PA 401, sections 3, 4a, and 12 as amended by 2012 PA 189, sections 3a, 8, 10, and 11b as amended by 2006 PA 427, sections 4, 13, 14, 15, and 16 as amended by 1999 PA 108, and section 19 as amended by 1995 PA 263, and by adding article 2; to designate sections 1 to 20 as article 1; and to repeal acts and parts of acts. The question being on the passage of the bill, Senator Stamas offered the following amendments: 1. Amend page 26, line 13, after “PURPOSES” by inserting “AND THE SPOUSE OF SUCH A MEMBER”. 2. Amend page 27, line 15, by striking out all of subdivision (C) and relettering the remaining subdivisions. 3. Amend page 36, line 24, after “ORGANIZATION” by inserting a period and “THE FINANCIAL STATEMENT MUST CONTAIN A LIST OF THE QUALIFIED MEMBERS OF THE MILLIONAIRE PARTY LICENSEE WHO WERE PRESENT AS TO EACH EVENT AND A DISCLOSURE”. The amendments were adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 565 Yeas—34 Ananich Hansen Kowall Robertson Bieda Hertel MacGregor Rocca Booher Hildenbrand Marleau Schmidt Brandenburg Hopgood Meekhof Schuitmaker Casperson Horn Nofs Shirkey Colbeck Hune O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Zorn Gregory Knollenberg Nays—4 Hood Johnson Smith Young Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. No. 108] [December 9, 2015] JOURNAL OF THE SENATE 1961 The following bill was read a third time: Senate Bill No. 105, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 10 (MCL 247.660), as amended by 2015 PA 175, and by adding sections 11g and 11h. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 566 Yeas—33 Ananich Hertel Knollenberg Proos Bieda Hildenbrand Kowall Robertson Booher Hopgood MacGregor Rocca Brandenburg Horn Marleau Schmidt Casperson Hune Meekhof Schuitmaker Emmons Johnson Nofs Smith Green Jones O’Brien Stamas Gregory Knezek Pavlov Zorn Hansen Nays—5 Colbeck Shirkey Warren Young Hood Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. 1962 JOURNAL OF THE SENATE [December 9, 2015] [No. 108 The following bill was read a third time: Senate Bill No. 234, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 651, 653, 655, and 657 (MCL 206.651, 206.653, 206.655, and 206.657), section 651 as amended by 2011 PA 171, section 653 as amended by 2011 PA 183, and sections 655 and 657 as added by 2011 PA 38. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 567 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 581, entitled A bill to amend 1994 PA 295, entitled “Sex offenders registration act,” by amending sections 5, 5a, 5b, 7, 8, 33, and 34 (MCL 28.725, 28.725a, 28.725b, 28.727, 28.728, 28.733, and 28.734), sections 5 and 5b as amended by 2011 PA 17, sec­ tion 5a as amended by 2013 PA 149, section 7 as amended by 2011 PA 18, section 8 as amended by 2013 PA 2, section 33 as added by 2005 PA 127, and section 34 as amended by 2005 PA 322. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 568 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith No. 108] [December 9, 2015] JOURNAL OF THE SENATE 1963 Emmons Johnson O’Brien Stamas Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—1 Warren Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. Senator Bieda asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Bieda’s statement is as follows: I voted for this bill in committee and was a little disappointed in some of the amendments that were adopted. I want to commend the chairman for the work that he did on this bill. I think there have been a lot of good things in there that we needed to do. I’m going to support this bill, but I want to state on the record some concerns that I have with this bill that came out of the amendments. Some of the changes that are in there, the most detrimental one is the loitering definition. It’s incredibly broad, lacking mens rea, which has been a recent subject of the Legislature. The definition lacks any such standard in here. The definition would mean that anyone in the buffer zone for any reason other than a very narrow list in this bill, such as picking up kids, would be subject to a crime. Going to a store, visiting parents in their home, this is beyond rational. I think that it’s something that the House, when they take this up, needs to take a look at it. There’s another problem in the new 7-day requirement for reporting on page 13. It’s very confusing as many of the requirements require 7-day reporting, and others require a 3-day reporting period. That’s something that I hope the House committee, if they take this up, they will consider. This bill is very problematic in its current state. I’ve had a nice discussion with the chairman, and I like the working rela­ tion­ship that we have on this. I suspect that it will be fixed in the House, but I wanted to make those comments for the record. The following bill was read a third time: Senate Bill No. 508, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 145e. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 569 Yeas—38 Ananich Hertel Bieda Hildenbrand Booher Hood Brandenburg Hopgood Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey 1964 JOURNAL OF THE SENATE [December 9, 2015] [No. 108 Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 509, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 145f. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 570 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. No. 108] [December 9, 2015] JOURNAL OF THE SENATE 1965 Senator Casperson asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Casperson’s statement is as follows: Today I have brought for each of you one of the Upper Peninsula’s most cherished treasures, the pasty, in honor of Pasty Day, which was December 6. The convenient and practical meal of meat and vegetables wrapped in a handheld pie was developed as a lunch for workers in the ancient English tin mining region of Cornwall. During the 19th century, the Cornish immigrants brought the pasty here into the iron mines of the Upper Peninsula. Pasties are convenient in addition to being nutritious because the workers whose hands were soiled could easily grip the pasty crust as a handle, eat, and get on with their work. Pasties have been celebrated ever since. After the Mackinac Bridge opened, it made its way downstate going from a local and mostly homemade meal in the U.P. to a commercial dish served at restaurants and here today on the Senate floor. It is my pleasure to share with all of you a little slice of the U.P. in honor of Pasty Day. The following bill was read a third time: Senate Bill No. 592, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 10205 (MCL 333.10205), as added by 1999 PA 62. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 571 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. Senator Hertel asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Hertel’s statement is as follows: There is no greater love than this that a person would lay his life down for the sake of a friend. Senate Bill No. 592 would allow in statute the ability for federally-designated procurement facilities like Gift of Life to open and establish operations. There is no more precious gift to give someone than the gift of life. 1966 JOURNAL OF THE SENATE [December 9, 2015] [No. 108 This facility would help to speed up the process for organ recovery. This not only saves lives, but it also saves valuable health care dollars in our state. The faster organs and tissues can be recovered from an individual, the healthier the recovered organs and tissues will be. Recovery of organs from either a circulatory or brain-dead individual is often at the bottom of the surgical priority list. So these procedures may have to wait for a period of time or even be taken off the surgery schedule. Transferring patients to Gift of Life saves an average of $5,000 per donor versus the procedure being conducted in a hospital. Gift of Life provides many more services, like a grievance facility, orchestrating living donation services, and support groups for family members of both donors and recipients. This bill will save lives in Michigan and help to make organ donation easier and more successful in our state. I ask my colleagues to vote “yes” on this legislation. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. Senators Pavlov, Nofs, Proos, Horn, Zorn, Booher, Schuitmaker, Schmidt, Kowall, Casperson, Brandenburg and Marleau offered the following resolution: Senate Resolution No. 123. A resolution to memorialize the Congress of the United States to enact legislation that prohibits the manufacture and sale of consumer products containing plastic microbeads. Whereas, Manufacturers have been adding plastic microbeads to facial scrubs, toothpaste, and other personal care products for years. After use of these products, microbeads wash down drains but are not removed by most municipal wastewater treatment plants. Once in the environment, they degrade very slowly, if at all; and Whereas, Plastic microbeads are now found in ever-increasing quantities in the Great Lakes and the oceans. Studies have identified these particles in concentrations as high as 180,000 particles per square mile in areas downstream of major cities on the Great Lakes, with average concentrations of 17,000 particles per square mile in the Great Lakes; and Whereas, Plastic microbeads pose a threat to aquatic life in the Great Lakes and the oceans. These small particles can be mistaken for food by fish and other aquatic life, providing no nutritional value and potentially affecting growth. In addition, toxic pollutants may concentrate on the surface of plastic microbeads, increasing exposure to fish and people that eat fish; and Whereas, Allowing the continued buildup of plastic microbeads in the Great Lakes runs counter to the current efforts to clean up the lakes. Michigan, the other Great Lakes states, and the federal government invest millions of dollars each year to protect and restore the Great Lakes and their billion-dollar commercial and sport fisheries; and Whereas, The most efficient and cost-effective means to stop the buildup of plastic microbeads is to eliminate them from consumer products. Plastic microbeads are not essential, and these products will still be effective without them. Plastic microbeads may also be replaced with natural alternatives. It is far easier to remove plastic microbeads from products than install expensive upgrades to wastewater treatment plants throughout the country; and Whereas, Industry leaders have begun to voluntarily phase out plastic microbeads. Unilever and some other companies have already removed all plastic microbeads from their personal care products. Other major companies, such as Johnson & Johnson, L’Oréal, and Proctor & Gamble, have pledged to phase out polyethylene microbeads; and Whereas, Current federal legislation (H.R. 1321) would prohibit the sale or distribution of cosmetics containing plastic microbeads. If enacted, all plastic microbeads in these products, whether biodegradable or not, would be phased out over the next three years. Enactment would apply uniform standards across the country to all manufacturers and ensure the pro­ tection of our treasured waters; now, therefore, be it Resolved by the Senate, That we memorialize the Congress of the United States to enact legislation that prohibits the manufacture and sale of consumer products containing plastic microbeads; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Natural Resources. The motion prevailed. Senators Hansen and Shirkey were named co‑sponsors of the resolution. No. 108] [December 9, 2015] JOURNAL OF THE SENATE 1967 Introduction and Referral of Bills Senator Warren introduced Senate Bill No. 646, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 24, 41, and 51 of chapter X (MCL 710.24, 710.41, and 710.51), section 24 as amended by 2014 PA 531, section 41 as amended by 1994 PA 222, and section 51 as amended by 1996 PA 409. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senators Schuitmaker, Horn, Hood, Warren, Booher, O’Brien and Knollenberg introduced Senate Bill No. 647, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1168. The bill was read a first and second time by title and referred to the Committee on Education. Senator Casperson introduced Senate Bill No. 648, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2015 PA 19. The bill was read a first and second time by title and referred to the Committee on Local Government. Senator Casperson introduced Senate Bill No. 649, entitled A bill to amend 1846 RS 65, entitled “Of alienation by deed, and the proof and recording of conveyances, and the canceling of mortgages,” by amending section 49 (MCL 565.49). The bill was read a first and second time by title and referred to the Committee on Local Government. Senator Casperson introduced Senate Bill No. 650, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2015 PA 19. The bill was read a first and second time by title and referred to the Committee on Local Government. Senators Booher and Casperson introduced Senate Bill No. 651, entitled A bill to provide for exemption of certain property from certain taxes; to levy and collect a specific tax upon the owners of certain property; to provide for the disposition of the tax; to prescribe the powers and duties of certain local government officials; and to provide penalties. The bill was read a first and second time by title and referred to the Committee on Natural Resources. Senators Booher and Casperson introduced Senate Bill No. 652, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7jj (MCL 211.7jj[1]), as amended by 2015 PA 107, and by adding section 7vv. The bill was read a first and second time by title and referred to the Committee on Natural Resources. Senators Casperson and Booher introduced Senate Bill No. 653, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 51108 (MCL 324.51108), as amended by 2014 PA 146. The bill was read a first and second time by title and referred to the Committee on Natural Resources. 1968 JOURNAL OF THE SENATE [December 9, 2015] [No. 108 House Bill No. 4990, entitled A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 5f (MCL 117.5f), as amended by 2002 PA 201. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Local Government. House Bill No. 4991, entitled A bill to amend 1895 PA 3, entitled “The general law village act,” by amending section 36 (MCL 68.36), as amended by 2002 PA 276. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Local Government. House Bill No. 4992, entitled A bill to amend 1909 PA 278, entitled “The home rule village act,” by amending section 24b (MCL 78.24b), as amended by 2002 PA 277. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Local Government. House Bill No. 4993, entitled A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” by amending section 75b (MCL 41.75b), as amended by 2002 PA 226. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Local Government. House Bill No. 4994, entitled A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 11c (MCL 46.11c), as amended by 2002 PA 275. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Local Government. House Bill No. 5105, entitled A bill to amend 2011 PA 142, entitled “Health insurance claims assessment act,” by amending sections 3 and 7 (MCL 550.1733 and 550.1737), section 3 as amended by 2014 PA 162; and to repeal acts and parts of acts. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Appropriations. Statements Senator Smith asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Smith’s statement is as follows: I rise today to say R.I.P. to my friend and mentor, Ron Scott, who was an activist and a leader inside the city of Detroit. Although I may not have always agreed with his methods, I knew his heart was pure. Ron was a huge supporter of mine, and I know he was a huge supporter of a number of my colleagues in the House and here in the Michigan Senate. I want to say: Ron, thank you from the bottom of my heart because I truly appreciate the knowledge that you instilled in me. I truly appreciate how you guided my thoughts. I truly appreciate how you always took me aside and said, “Virgil, maybe we should go do it this way, or maybe we should go do it that way.” Ron challenged to the core the Democratic Party’s treatment of African Americans. I always looked to him for his advice, his knowledge, and his understanding of the land­ scape of how things were operating in the city of Detroit. Again, I want to say rest in peace. We will truly miss you. It’s incumbent upon us to keep his legacy alive and keep moving forward for the values that he believed in. No. 108] [December 9, 2015] JOURNAL OF THE SENATE 1969 Committee Reports The Committee on Elections and Government Reform reported House Bill No. 4596, entitled A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 24 (MCL 169.224), as amended by 1999 PA 237. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David B. Robertson Chairperson To Report Out: Yeas: Senators Robertson, Colbeck, Emmons, Shirkey and Hood Nays: None The bill was referred to the Committee of the Whole. The Committee on Elections and Government Reform reported House Bill No. 4597, entitled A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 33 (MCL 169.233), as amended by 2013 PA 252. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David B. Robertson Chairperson To Report Out: Yeas: Senators Robertson, Colbeck, Emmons, Shirkey and Hood Nays: None The bill was referred to the Committee of the Whole. The Committee on Elections and Government Reform reported Senate Bill No. 638, entitled A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 3, 5, 9, 11, 24, 33, 35, 47, 51, 54, and 55 (MCL 169.203, 169.205, 169.209, 169.211, 169.224, 169.233, 169.235, 169.247, 169.251, 169.254, and 169.255), sections 3, 11, and 35 as amended by 2012 PA 273, sections 5 and 24 as amended by 1999 PA 237, section 9 as amended by 2012 PA 275, sections 33, 47, and 55 as amended by 2013 PA 252, section 51 as amended by 1989 PA 95, and section 54 as amended by 1995 PA 264, and by adding section 24b. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David B. Robertson Chairperson To Report Out: Yeas: Senators Robertson, Colbeck, Emmons and Shirkey Nays: Senator Hood The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT The Committee on Elections and Government Reform submitted the following: Meeting held on Tuesday, December 8, 2015, at 9:30 a.m., Rooms 402 and 403, Capitol Building Present: Senators Robertson (C), Colbeck, Emmons, Shirkey and Hood COMMITTEE ATTENDANCE REPORT he Committee on Banking and Financial Institutions submitted the following: T Meeting held on Tuesday, December 8, 2015, at 2:30 p.m., Room 100, Farnum Building Present: Senators Booher (C), O’Brien, Nofs, Zorn, MacGregor, Rocca, Hertel and Young 1970 JOURNAL OF THE SENATE [December 9, 2015] [No. 108 COMMITTEE ATTENDANCE REPORT The Committee on Education submitted the following: Meeting held on Wednesday, December 9, 2015, at 8:30 a.m., Room 110, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek Scheduled Meetings Finance - Thursday, December 10, 9:15 a.m., Room 100, Farnum Building (373-5312) Transportation - Thursday, December 10, 8:30 a.m., Room 210, Farnum Building (373-5312) Veterans, Military Affairs and Homeland Security - Tuesday, December 15, 9:00 a.m., Room 110, Farnum Building (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:35 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, December 10, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 109 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Thursday, December 10, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1972 JOURNAL OF THE SENATE [December 10, 2015] [No. 109 astor David A. Bullock of Greater St. Matthew Baptist Church of Highland Park offered the following invocation: P God of our weary years, God of our silent tears, God who has brought us thus far along the way, and God by Thy might has led us into the light: Keep us forever in the path, we pray. Keep our feet straight toward places, our God, where we met Thee; lest our hearts are drunk with the wine of the world, we forget Thee. Beneath Thy hand, may we forever stand and true to our God and our native land. We pray that You would bless these proceedings and all of the State Senators. We pray that we might choose love and not hate. I pray we might choose what is light and not dark. May we think about those who have no voice that we might legislate and act on their behalf, not just bow down to those who have purse strings, that we might restore faith in government. In Your name, we pray. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senator Knollenberg be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. The following communication was received and read: Office of the Senate Majority Leader I would like Senate Bills 648, 649, and 650 re-referred to the Senate Committee on Finance. If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communication was referred to the Secretary for record. December 9, 2015 The following communication was received: Department of Treasury December 9, 2015 ursuant to section 21(3), reporting requirement of Public Act 140 of 1971 (the Glenn Steil State Revenue Sharing Act), P the attached report related to the financial reporting of local units of government is being transmitted to you via electronic mail. Julie Walsh, C.P.A. Assistant Budget Director The communication was referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, December 9: House Bill Nos. 5017 5018 5019 5020 The Secretary announced that the following House bills were received in the Senate and filed on Thursday, December 10: House Bill Nos. 4724 5021 5022 The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, December 9, for his approval the following bill: Enrolled Senate Bill No. 556 at 3:06 p.m. The Secretary announced that the following bills were printed and filed on Wednesday, December 9, and are available at the Michigan Legislature website: Senate Bill Nos. 642 643 644 645 646 647 648 649 650 651 652 653 House Bill Nos. 5121 5122 5123 5124 5125 5126 5127 No. 109] [December 10, 2015] JOURNAL OF THE SENATE 1973 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Shirkey as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 5028, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding chapter 19A. House Bill No. 5029, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tions 1986 and 1987. House Bill No. 5030, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 1989. House Bill No. 4685, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 6a (MCL 205.56a), as amended by 2013 PA 1. House Bill No. 4581, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 205 (MCL 436.1205), as amended by 2010 PA 213. The bills were placed on the order of Third Reading of Bills. During the Committee of the Whole, Senator Knollenberg entered the Senate Chamber. By unanimous consent the Senate returned to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 171 House Bill No. 4212 House Bill No. 4215 House Bill No. 4438 Senate Bill No. 200 Senate Bill No. 578 Senate Bill No. 352 Senate Bill No. 615 Senate Bill No. 472 Senate Bill No. 473 Senate Bill No. 476 Senate Bill No. 507 Senate Bill No. 554 Senate Bill No. 555 The motion prevailed. The following bill was read a third time: Senate Bill No. 171, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7d (MCL 211.7d), as amended by 2012 PA 66. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1974 JOURNAL OF THE SENATE [December 10, 2015] Roll Call No. 572 [No. 109 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Young Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4212, entitled A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 11 (MCL 46.11), as amended by 2012 PA 15. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 573 Yeas—26 Booher Horn Marleau Schmidt Brandenburg Hune Meekhof Shirkey Colbeck Johnson Nofs Smith Green Jones Pavlov Stamas Gregory Knollenberg Robertson Warren Hildenbrand Kowall Rocca Zorn Hopgood MacGregor Nays—10 Ananich Emmons Knezek Proos Bieda Hansen O’Brien Schuitmaker Casperson Hertel No. 109] [December 10, 2015] JOURNAL OF THE SENATE 1975 Excused—1 Young Not Voting—1 Hood In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. Senator Young entered the Senate Chamber. The following bill was read a third time: House Bill No. 4215, entitled A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 6 of chapter IV (MCL 224.6), as amended by 2012 PA 14. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 574 Yeas—25 Booher Hune Meekhof Shirkey Brandenburg Jones Nofs Smith Colbeck Knollenberg Pavlov Stamas Green Kowall Robertson Warren Gregory MacGregor Rocca Young Hildenbrand Marleau Schmidt Zorn Horn Nays—13 Ananich Hansen Hopgood O’Brien Bieda Hertel Johnson Proos Casperson Hood Knezek Schuitmaker Emmons Excused—0 1976 JOURNAL OF THE SENATE [December 10, 2015] [No. 109 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4438, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17744a (MCL 333.17744a), as added by 2013 PA 186, and by adding section 17744d. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 575 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to No. 109] [December 10, 2015] JOURNAL OF THE SENATE 1977 provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 200, entitled A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding section 88s. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 576 Yeas—33 Ananich Hood MacGregor Rocca Bieda Hopgood Marleau Schmidt Booher Horn Meekhof Schuitmaker Casperson Johnson Nofs Smith Green Jones O’Brien Stamas Gregory Knezek Pavlov Warren Hansen Knollenberg Proos Young Hertel Kowall Robertson Zorn Hildenbrand Nays—5 Brandenburg Emmons Hune Colbeck Shirkey Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 578, entitled A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending sections 2, 6, and 13 (MCL 445.1632, 445.1636, and 445.1643), section 2 as amended by 2012 PA 443; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1978 JOURNAL OF THE SENATE [December 10, 2015] Roll Call No. 577 [No. 109 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 352, entitled A bill to allow for designation of a caregiver; to prescribe the duties of a designated caregiver; to enable a hospital to assist in designating a caregiver; and to prescribe the duties of state departments and agencies. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 578 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 No. 109] [December 10, 2015] JOURNAL OF THE SENATE 1979 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 615, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 6094a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 579 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 472, entitled A bill to amend 1999 PA 244, entitled “An act to require tobacco product manufacturers to place funds in escrow for medical expenses incurred by the state due to tobacco related illnesses; to establish a formula for determining the amount of the escrow; to establish the conditions for release of funds from escrow; to prescribe powers and duties of the attorney general; and to provide for civil penalties for violation of this act,” by amending sections 1 and 2 (MCL 445.2051 and 445.2052), section 2 as amended by 2003 PA 286. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1980 JOURNAL OF THE SENATE [December 10, 2015] Roll Call No. 580 [No. 109 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 473, entitled A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” (MCL 205.421 to 205.436) by adding section 6e. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 581 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 No. 109] [December 10, 2015] JOURNAL OF THE SENATE 1981 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 476, entitled A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending sections 7 and 11 (MCL 205.427 and 205.431), section 7 as amended by 2014 PA 298 and section 11 as amended by 2012 PA 325. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 582 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 507, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 175. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 583 Ananich Bieda Yeas—37 Hertel Knollenberg Robertson Hildenbrand Kowall Rocca 1982 JOURNAL OF THE SENATE [December 10, 2015] [No. 109 Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Smith Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—1 Shirkey Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 554, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16206. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 584 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. No. 109] [December 10, 2015] JOURNAL OF THE SENATE 1983 The following bill was read a third time: Senate Bill No. 555, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 210 (MCL 339.210). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 585 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. Senators Nofs, Pavlov, Proos, Horn, Zorn, Booher, Schuitmaker, Jones, Schmidt, Kowall, Emmons, Casperson, Brandenburg and Marleau offered the following resolution: Senate Resolution No. 124. A resolution to commemorate the 20th Anniversary of the federal recognition of the tribal government of the Nottawaseppi Huron Band of the Potawatomi. Whereas, The Potawatomi derive their name from Bodéwadmi, which references their role as “keepers of the council fire,” and is a direct link to their enduring roots in Michigan’s history; and Whereas, The Nottawaseppi Huron Band of the Potawatomi received federal acknowledgement in 1995; and Whereas, The tribe was reaffirmed as a sovereign nation with a nation-to-nation relationship with the federal govern­ ment; and Whereas, The Nottawaseppi Huron Band of the Potawatomi continues to provide leadership for tribal members and serve as a model to other Native Americans in areas of self-government, self-reliance, and self-empowerment; and 1984 JOURNAL OF THE SENATE [December 10, 2015] [No. 109 Whereas, The tribe has a longstanding history of strong tribal leadership and a successful track record begun under founding leaders and continued under the guidance of its Tribal Council: Chairman Homer A. Mandoka, Vice Chair Jamie Stuck, Secretary Dorie Rios, Treasurer Christine Lanning, and Sergeant at Arms Tony Day; now, therefore, be it Resolved by the Senate, That we hereby commemorate the 20th Anniversary of federal recognition of the tribal govern­ ment of the Nottawaseppi Huron Band of the Potawatomi; and be it further Resolved, That a copy of this resolution be transmitted to the chairman of the Nottawaseppi Huron Band of the Potawatomi Tribal Council. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that further consideration of the resolution be postponed for today. The motion prevailed. enator Knollenberg offered the following resolution: S Senate Resolution No. 125. A resolution recognizing Ziebart International Corporation of Troy, Michigan, on the occasion of its 56th Anniversary of the establishment of its business in the great state of Michigan. Whereas, Ziebart International Corporation invented rustproofing and now has some 29 products it distributes to 400 stores worldwide, 25 U.S. states, and 32 countries. The impressive record of performance that Ziebart has provided Michigan residents and visitors alike brings with it a significant contribution to the regional economy; and Whereas, Ziebart directly employs some 120 people in an employee stock ownership program, and its franchises employ more than 1,500 people; and Whereas, Established in the city of Detroit in 1959, Ziebart is now headquartered in Troy, with multiple stores and franchises in Michigan; and Whereas, Ziebart’s business has evolved dramatically from its introduction of rustproofing to include products and services to provide total vehicle protection for cars, trucks, and SUVs for vehicle exterior and interior; culminating with its newest Z-Shield Paint Protection Film specially formulated for its 56th anniversary year introduction; and Whereas, The employees, Board of Directors, Chief Executive Officer Thomas E. Wolfe, and President Daniel Baker are proud to call Michigan their corporate home. The company serves as Michigan brand ambassadors for the automotive industry in the United States and in 32 countries around the world. This anniversary is a tribute to all those who have worked to build the Ziebart brand through the years that it has attained its current status; now, therefore, be it Resolved by the Senate, That we hereby recognize Ziebart International Corporation on its 56th Anniversary of its founding; and be it further Resolved, That we offer this expression of highest tribute to Ziebart and its home community in Troy, Michigan, for the innovation of new products and dedication that has made Ziebart one of the premiere franchise companies in the nation, with unparalleled longevity and innovation in the automotive aftermarket business; and be it further Resolved, That a copy of this resolution be transmitted to Ziebart International Corporation, the International Franchise Association, the U.S. Chamber of Commerce, and the Oakland County Board of Commissioners as evidence of our highest esteem. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Booher, Green, Hansen, Marleau, Proos and Shirkey were named co‑sponsors of the resolution. Introduction and Referral of Bills Senator Shirkey introduced Senate Bill No. 654, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 64b (MCL 388.1664b), as amended by 2015 PA 85. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Ananich introduced Senate Bill No. 655, entitled A bill to prescribe the powers and duties of certain providers of water and sewerage service in this state; and to prohibit certain acts and practices of providers of water and sewerage service. The bill was read a first and second time by title and referred to the Committee on Energy and Technology. No. 109] [December 10, 2015] JOURNAL OF THE SENATE 1985 Senator Jones introduced Senate Bill No. 656, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 901 (MCL 339.901), as amended by 2014 PA 560. The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. Senator Jones introduced Senate Bill No. 657, entitled A bill to amend 1981 PA 70, entitled “An act to regulate the collection practices of certain persons; to provide for the powers and duties of certain state agencies; and to provide penalties and civil fines,” by amending section 1 (MCL 445.251). The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. Senators Jones, Marleau, Bieda, Nofs, Hildenbrand, Hune, Smith, Brandenburg, Hertel, Gregory, Horn, Schuitmaker, Kowall and Colbeck introduced Senate Bill No. 658, entitled A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending section 22 (MCL 287.1122), as amended by 2013 PA 8. The bill was read a first and second time by title and referred to the Committee on Agriculture. Senator MacGregor introduced Senate Bill No. 659, entitled A bill to amend 2008 PA 525, entitled “Fostering futures scholarship trust fund act,” by amending section 3 (MCL 722.1023), as amended by 2014 PA 530. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senators Schmidt, Hopgood, Bieda, Nofs and Horn introduced Senate Bill No. 660, entitled A bill to amend 1966 PA 346, entitled “State housing development authority act of 1966,” (MCL 125.1401 to 125.1499c) by adding chapter 3C. The bill was read a first and second time by title and referred to the Committee on Economic Development and Inter­ national Investment. Senators Hopgood, Bieda, Schmidt, Nofs and Horn introduced Senate Bill No. 661, entitled A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending section 29 (MCL 125.1679), as amended by 2004 PA 66. The bill was read a first and second time by title and referred to the Committee on Economic Development and Inter­ national Investment. Senator Young introduced Senate Bill No. 662, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 435. The bill was read a first and second time by title and referred to the Committee on Education. Senator Young introduced Senate Bill No. 663, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 20174. The bill was read a first and second time by title and referred to the Committee on Health Policy. 1986 JOURNAL OF THE SENATE [December 10, 2015] [No. 109 Senator Young introduced Senate Bill No. 664, entitled A bill to require the department of education to consider submitting to the legislature of this state a proposed pilot educational grant program for resident students attending certain public institutions of higher education in this state. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senators Warren, Johnson, Ananich, Hertel, Young, Bieda and Hopgood introduced Senate Bill No. 665, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16m of chapter XVII (MCL 777.16m), as amended by 2014 PA 192. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Warren, Johnson, Ananich, Hertel, Young, Bieda and Hopgood introduced Senate Bill No. 666, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 223 (MCL 750.223), as amended by 2012 PA 242, and by adding section 223a. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Stamas introduced Senate Bill No. 667, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 609 (MCL 436.1609), as amended by 2014 PA 353, and by adding sections 609a and 609b. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senator Hune introduced Senate Bill No. 668, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 81d (MCL 750.81d), as amended by 2006 PA 517. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4724, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 758 and 759 (MCL 168.758 and 168.759), section 758 as amended by 1996 PA 207 and section 759 as amended by 2012 PA 523. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. House Bill No. 5017, entitled A bill to amend 2003 PA 215, entitled “Credit union act,” by amending the title and sections 102, 103, 202, 214, 304, 305, 342, 345, 353, 355, 357, 401, 408, 409, 423, 431, and 432 (MCL 490.102, 490.103, 490.202, 490.214, 490.304, 490.305, 490.342, 490.345, 490.353, 490.355, 490.357, 490.401, 490.408, 490.409, 490.423, 490.431, and 490.432), sections 102, 214, 304, 342, 345, 357, 401, and 423 as amended by 2004 PA 471. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. House Bill No. 5018, entitled A bill to amend 2003 PA 215, entitled “Credit union act,” by amending sections 201, 210, 221, 303, 306, and 341 (MCL 490.201, 490.210, 490.221, 490.303, 490.306, and 490.341), sections 201 and 341 as amended by 2004 PA 471. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. House Bill No. 5019, entitled A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 407 (MCL 490.407), as amended by 2004 PA 471. The House of Representatives has passed the bill by a 2/3 vote and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. No. 109] [December 10, 2015] JOURNAL OF THE SENATE 1987 House Bill No. 5020, entitled A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 207 (MCL 490.207). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. House Bill No. 5021, entitled A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 371 (MCL 490.371), as amended by 2004 PA 471. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. House Bill No. 5022, entitled A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 411 (MCL 490.411). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. Recess enator Kowall moved that the Senate recess until 2:00 p.m. S The motion prevailed, the time being 10:55 a.m. The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Sena­ tor Schuitmaker. Statements Senator Bieda asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Bieda’s statement is as follows: I would like to take this time to honor the memory of World War II veteran George Olshove, who is the father of my predecessor and friend, Senator Dennis Olshove. Many of you may remember George, and you may have seen him here a number of times during our Memorial Day services. He always enjoyed it, had a smile on his face, and enjoyed the camaraderie with Dennis’ former co-workers as well as meeting all of you. George passed away on Monday, December 7, an ironic twist of fate to die on Pearl Harbor Day. He was born March 18, 1920, in Parisville to the late Peter and Francis Olshove. I would like to extend our deepest sympathy to George’s wife Helen, whom he married on February 19, 1949, in Detroit. Additionally, their son Dennis Olshove and his wife Fran; daughters, Ellen and her husband Timothy Bahorski; and Elaine and her significant other Patrick Gumpper; and their 10 grandchildren, Steven, Michael, Marc, Ryan, Joseph, Thomas, Cara, Laura, Erin, and Rachel. George was a devoted family man who loved to have his family around him and always had a smile on his face. He served in World War II and was part of the 340th Army Corp of Engineers from 1942 to 1946. He often referred to his military service as a great adventure. He served in Alaska, New Guinea, Dutch East Indies, Philippines, Australia, and the Pacific. Because our country was founded on the beliefs of independence, democracy, equality, freedom, acceptance, and life, liberty, and the pursuit of happiness, George has always believed his military service, all who served, and all who are currently serving are critical to the heritage of American freedom. He truly understood what a great price is paid by all who serve, be it either in the military or other means, including politics. He was very proud to serve and was a member of the VFW Bruce Post in St. Clair Shores and the Disabled American Veterans. He worked as a sheet metal worker skilled tradesman since the 1930s and was a proud member of Sheet Metal Workers Local 80. His 70-plus years in this industry was a very important part of his life, and he will be remembered for his sound judgment, loyalty, and hard work as a skilled tradesman. George also considered it an honor to be a member of the Knights of Columbus. In his spare time, he also enjoyed cars and airplanes. In his later years, one of his favorite times was when he was able to fly a plane that conducted a midair refueling mission. 1988 JOURNAL OF THE SENATE [December 10, 2015] [No. 109 Whenever you crossed paths with him, George was quick to ask how you were doing. George’s love and dedication to his family were his top priorities. He will be remembered by his family as a dynamic individual who is very dear to their hearts. While we know that all who had the pleasure of knowing George will treasure their memories of him and the time spent with him, we also know that George valued their love and friendship. While George lived a very full 95 years, he will not soon be forgotten, and I hope that his family will find comfort in their memories of this individual who was a member of the Greatest Generation. A moment of silence was observed in memory of World War II veteran George Olshove. By unanimous consent the Senate returned to the order of Motions and Communications The following communication was received and read: Office of the Senate Majority Leader December 10, 2015 I would like House Bill 4724 re-referred to the Senate Committee on Government Operations. If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communication was referred to the Secretary for record. Committee Reports The Committee on Judiciary reported Senate Bill No. 551, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 1104, 2801, 2803, 2807, 3206, 3207, 3209, 3614, and 3701 (MCL 700.1104, 700.2801, 700.2803, 700.2807, 700.3206, 700.3207, 700.3209, 700.3614, and 700.3701), section 1104 as amended by 2009 PA 46, section 2803 as amended by 2012 PA 173, section 2807 as amended by 2000 PA 54, sections 3206 and 3209 as amended by 2012 PA 63, section 3207 as amended by 2010 PA 325, and sections 3614 and 3701 as amended by 2006 PA 299, and by adding sections 3206a and 3206b; and to repeal acts and parts of acts. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker and Rocca Nays: Senators Colbeck and Bieda The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 629, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 19b of chapter XIIA (MCL 712A.19b), as amended by 2012 PA 386. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. No. 109] [December 10, 2015] JOURNAL OF THE SENATE 1989 The Committee on Judiciary reported House Bill No. 4680, entitled A bill to amend 1968 PA 15, entitled “Correctional industries act,” by amending section 6 (MCL 800.326), as amended by 2012 PA 261. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4713, entitled A bill to amend 1846 RS 1, entitled “Of the statutes,” (MCL 8.1 to 8.8) by adding section 9. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT The Committee on Judiciary submitted the following: Meeting held on Tuesday, December 8, 2015, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda The Committee on Commerce reported Senate Bill No. 490, entitled A bill to amend 1988 PA 378, entitled “An act to preserve personal privacy with respect to the purchase, rental, or borrowing of certain materials; and to provide penalties and remedies for violation of this act,” by amending sections 1, 3, 4, and 5 (MCL 445.1711, 445.1713, 445.1714, and 445.1715), section 5 as added by 1989 PA 206. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor, Nofs and Hertel Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Commerce submitted the following: T Meeting held on Wednesday, December 9, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Schmidt (C), Kowall, MacGregor, Nofs and Hertel The Committee on Finance reported Senate Bill No. 582, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 87b and 87c (MCL 211.87b and 211.87c), section 87b as amended by 2014 PA 126 and section 87c as amended by 2012 PA 431, and by adding section 87f. 1990 JOURNAL OF THE SENATE [December 10, 2015] [No. 109 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported Senate Bill No. 583, entitled A bill to amend 1933 PA 94, entitled “The revenue bond act of 1933,” by amending the title and section 3 (MCL 141.103), the title as amended by 1998 PA 196 and section 3 as amended by 2002 PA 465, and by adding sections 7b, 21a, 22a, and 24a. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 4930, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2015 PA 19. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Finance submitted the following: T Meeting held on Tuesday, December 8, 2015, at 2:30 p.m., Room 210, Farnum Building Present: Senators Brandenburg (C), Robertson, Knollenberg, Casperson, Proos, Bieda and Warren The Committee on Natural Resources reported House Bill No. 4604, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 9115a (MCL 324.9115a), as added by 2005 PA 56. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Pavlov, Robertson and Stamas Nays: Senator Warren The bill and the substitute recommended by the committee were referred to the Committee of the Whole. No. 109] [December 10, 2015] JOURNAL OF THE SENATE 1991 COMMITTEE ATTENDANCE REPORT he Committee on Natural Resources submitted the following: T Meeting held on Wednesday, December 9, 2015, at 12:30 p.m., Room 210, Farnum Building Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren The Committee on Outdoor Recreation and Tourism reported Senate Bill No. 523, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 72114 (MCL 324.72114), as amended by 2014 PA 210, and by adding section 72117. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Goeffrey M. Hansen Chairperson To Report Out: Yeas: Senators Hansen, Zorn, Schmidt, Green and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Outdoor Recreation and Tourism reported Senate Bill No. 588, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43516 (MCL 324.43516), as amended by 2013 PA 108. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Goeffrey M. Hansen Chairperson To Report Out: Yeas: Senators Hansen, Zorn, Schmidt, Green and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Outdoor Recreation and Tourism reported House Bill No. 4983, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 74116 (MCL 324.74116), as amended by 2013 PA 81. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Goeffrey M. Hansen Chairperson To Report Out: Yeas: Senators Hansen, Zorn, Schmidt, Green and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Outdoor Recreation and Tourism submitted the following: T Meeting held on Wednesday, December 9, 2015, at 12:30 p.m., Room 110, Farnum Building Present: Senators Hansen (C), Zorn, Schmidt, Green and Johnson The Committee on Appropriations reported Senate Bill No. 292, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 367 (MCL 18.1367), as amended by 1999 PA 8. 1992 JOURNAL OF THE SENATE [December 10, 2015] [No. 109 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 4095, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies and for capital outlay for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 5105, entitled A bill to amend 2011 PA 142, entitled “Health insurance claims assessment act,” by amending sections 3 and 7 (MCL 550.1733 and 550.1737), section 3 as amended by 2014 PA 162; and to repeal acts and parts of acts. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, Hansen, Stamas, Knollenberg, Booher, Shirkey, Nofs, Gregory, Hertel and Young Nays: Senators MacGregor, Schuitmaker, Proos, Green and Marleau The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, December 9, 2015, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol  Build­ing Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Excused: Senator Shirkey COMMITTEE ATTENDANCE REPORT he Committee on Insurance submitted the following: T Meeting held on Wednesday, December 9, 2015, at 2:00 p.m., Room 210, Farnum Building Present: Senators Hune (C), Schmidt, O’Brien, Horn, Jones, Bieda, Johnson and Young Excused: Senator Brandenburg Scheduled Meetings Veterans, Military Affairs and Homeland Security - Tuesday, December 15, 9:00 a.m., Room 110, Farnum Building (373-5314) No. 109] [December 10, 2015] JOURNAL OF THE SENATE 1993 enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 2:05 p.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Tuesday, December 15, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1994 No. 110 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Tuesday, December 15, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 1996 JOURNAL OF THE SENATE [December 15, 2015] [No. 110 enator Kenneth B. Horn of the 32nd District offered the following invocation: S Today’s Christmas invocation was offered to the United States Senate by Chaplain Peter Marshall 68 years ago in December 1947: “We thank Thee, O God, for the return of the wondrous spell of this Christmas season that brings its own sweet joy into our jaded and troubled hearts. Forbid it, Lord, that we should celebrate without understanding what we celebrate, or, like our counterparts so long ago, fail to see the star or to hear the song of glorious promise. As our hearts yield to the spirit of Christmas, may we discover that it is Thy Holy Spirit who comes—not as a sentiment, but a power—to remind us of the only way by which there may be peace on the earth and good will among men. May we not spend Christmas, but keep it, that we may be kept in its hope, through Him who emptied Himself in coming to us that we might be filled with peace and joy in returning to God. Amen.” The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senators Brandenburg, Emmons and Knollenberg be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Ananich be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Nofs admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. The following communications were received: Department of State Administrative Rules Notices of Filing December 10, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-050-ED (Secretary of State Filing #15-12-01) on this date at 2:57 p.m. for the Department of Education, entitled “Boarding School Licenses.” These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. December 10, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-061-ED (Secretary of State Filing #15-12-02) on this date at 2:57 p.m. for the Department of Education, entitled “Postsecondary Dual Enrollment Criteria for Fifth-Year High School Pupils.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. No. 110] [December 15, 2015] JOURNAL OF THE SENATE 1997 The Secretary announced that the following House bills were received in the Senate and filed on Thursday, December 10: House Bill Nos. 4292 4686 The Secretary announced that the following bills were printed and filed on Thursday, December 10, and are available at the Michigan Legislature website: House Bill Nos. 5128 5129 5130 5131 5132 5133 5134 5135 5136 5137 5138 5139 5140 5141 The Secretary announced that the following bills and joint resolution were printed and filed on Friday, December 11, and are available at the Michigan Legislature website: Senate Bill Nos. 654 655 656 657 658 659 660 661 662 663 664 665 666 667 668 House Bill Nos. 5142 5143 5144 5145 5146 5147 5148 5149 House Joint Resolution FF Senator Kowall moved that the Committee on Finance be discharged from further consideration of the following bill: House Bill No. 4462, entitled A bill to amend 1964 PA 284, entitled “City income tax act,” by amending section 43 of chapter 2 (MCL 141.643), as amended by 1996 PA 478. The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders. Senator Kowall moved that the rules be suspended and that the following bill, now on the order of General Orders, be placed on the General Orders calendar for consideration today: House Bill No. 4462 The motion prevailed, a majority of the members serving voting therefor. Senators Emmons and Knollenberg entered the Senate Chamber. Messages from the Governor The following messages from the Governor were received and read: November 30, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Commission of Agriculture and Rural Development Trever Meachum of 60930 52nd Avenue, Hartford, Michigan 49057, county of Van Buren, representing Republicans, succeeding himself, is reappointed for a term expiring December 31, 2019. November 30, 2015 I respectfully submit to the Senate the following appointment to office: Human Trafficking Health Advisory Board Brigette Robarge of 46032 Chatsworth Drive, Belleville, Michigan 48111, county of Wayne, representing human trafficking survivors, succeeding herself, is reappointed for a term expiring December 31, 2019. November 30, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Natural Resources Commission Vicki Jane Pontz of 879 Lyons Road, Portland, Michigan 48875, county of Ionia, representing Independents, succeeding herself, is reappointed for a term expiring December 31, 2019. Rex E. Schlaybaugh of 492 East Main Street, Harbor Springs, Michigan 49740, county of Emmet, representing Republicans, succeeding himself, is reappointed for a term expiring December 31, 2019. December 7, 2015 I respectfully submit to the Senate the following appointment to office: Grape and Wine Industry Council Steve Massie of 3920 Foxglove Court, Grand Rapids, Michigan 49525, county of Kent, representing persons who operate a retail food establishment that hold a specially designated merchant license and sells Michigan wines, succeeding Mark Esterman, is appointed for a term expiring February 1, 2016. 1998 JOURNAL OF THE SENATE [December 15, 2015] [No. 110 December 7, 2015 I respectfully submit to the Senate the following appointment to office: Oakland University Board of Control Robert I. Schostak of 4376 Oak Grove Drive, Bloomfield Hills, Michigan 48302, county of Oakland, succeeding Scott G. Kunselman, is appointed for a term expiring August 11, 2020. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. Senator Brandenburg entered the Senate Chamber. enate Resolution No. 124. S A resolution to commemorate the 20th Anniversary of the federal recognition of the tribal government of the Nottawaseppi Huron Band of the Potawatomi. (This resolution was offered on December 10, rules suspended and consideration postponed. See Senate Journal No. 109, p. 1983). The question being on the adoption of the resolution, The resolution was adopted. Senators Bieda, Hansen, Shirkey and Warren were named co‑sponsors of the resolution. Senator Nofs asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Nofs’ statement is as follows: Please join me in welcoming Homer Mandoka, the Tribal Council chairman of the Nottawaseppi Huron Band of the Potawatomi. This year marks the 20th anniversary of their federal recognition, when the tribe was reaffirmed as a sovereign nation. I would like to especially acknowledge the leadership of Chairman Mandoka, Vice Chair Jamie Stuck, Christine Lanning, Dorie Rios, Tony Day, and tribal leaders past and present who are up in the east Gallery. I am confident that the tribe will maintain their longstanding reputation of strong leadership for years to come. The Potawatomi derive their name from Bodéwadmi, which references their role as “keepers of the council fire,” and is a direct link to their enduring roots in Michigan’s history. The Nottawaseppi Huron Band of the Potawatomi provide leader­ ship for tribal members and have served as a model to other Native Americans in areas of self-government, self-reliance, and self-empowerment. I would like to acknowledge the tribe’s commitment to their community, both in Calhoun County and statewide. Mr. Chairman, I remember when I was the chairman of the County Board of Commissioners some 20 years ago, so we do go way back. It’s nice to see you again; glad to be here today with you. Colleagues, please join me in giving a round of applause to the Nottawaseppi Huron Band of the Potawatomi as they celebrate their 20th anniversary. By unanimous consent the Senate returned to the order of Messages from the House Senator Ananich entered the Senate Chamber. No. 110] [December 15, 2015] JOURNAL OF THE SENATE 1999 Senate Bill No. 177, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1301, 1311, 1312, 1315, 1325, 1333, 1341, 1343, 1351, 1355, and 1371 (MCL 500.1301, 500.1311, 500.1312, 500.1315, 500.1325, 500.1333, 500.1341, 500.1343, 500.1351, 500.1355, and 500.1371), sections 1301, 1312, 1315, 1351, and 1371 as amended by 1992 PA 182, section 1311 as amended by 2010 PA 61, section 1325 as amended by 1994 PA 227, section 1341 as amended by 1994 PA 443, and section 1343 as amended by 1995 PA 219, and by adding sections 1325a and 1357. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 586 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 178, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding chapter 17. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: 2000 JOURNAL OF THE SENATE [December 15, 2015] Roll Call No. 587 [No. 110 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 500, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 44 (MCL 421.44), as amended by 2011 PA 269. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 538, entitled A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending sections 2, 30, and 31 (MCL 567.222, 567.250, and 567.251), section 2 as amended by 2008 PA 208, section 30 as amended by 2012 PA 292, and section 31 as amended by 2013 PA 148, and by adding sections 4a and 31b. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 588 Ananich Bieda Yeas—38 Hertel Hildenbrand Kowall Rocca MacGregor Schmidt No. 110] [December 15, 2015] JOURNAL OF THE SENATE 2001 Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 552, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3101 and 3122 (MCL 324.3101 and 324.3122), section 3101 as amended by 2006 PA 97 and section 3122 as amended by 2015 PA 82. The House of Representatives has substituted (H-3) the bill. The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 589 Booher Casperson Green Gregory Hertel Yeas—20 Hildenbrand MacGregor Robertson Horn Marleau Schmidt Knezek Meekhof Shirkey Knollenberg Nofs Stamas Kowall O’Brien Zorn Nays—18 Ananich Hansen Jones Schuitmaker Bieda Hood Pavlov Smith Brandenburg Hopgood Proos Warren Colbeck Hune Rocca Young Emmons Johnson 2002 JOURNAL OF THE SENATE [December 15, 2015] [No. 110 Excused—0 Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate proceeded to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 5028 House Bill No. 5029 House Bill No. 5030 House Bill No. 4685 House Bill No. 4581 The motion prevailed. The following bill was read a third time: House Bill No. 5028, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding chapter 19A. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 590 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 In The Chair: President Not Voting—0 No. 110] [December 15, 2015] JOURNAL OF THE SENATE 2003 enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5029, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sections 1986 and 1987. The question being on the passage of the bill, Senator Jones offered the following amendment: 1. Amend page 1, line 1, after “(1)” by striking out “IF” and inserting “BEGINNING MARCH 1, 2016, IF”. The amendment was adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 591 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties 2004 JOURNAL OF THE SENATE [December 15, 2015] [No. 110 of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5030, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 1989. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 592 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4685, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 6a (MCL 205.56a), as amended by 2013 PA 1. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 110] Roll Call No. 593 [December 15, 2015] JOURNAL OF THE SENATE 2005 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4581, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 205 (MCL 436.1205), as amended by 2010 PA 213. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 594 Yeas—36 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Green Johnson O’Brien Stamas Gregory Jones Pavlov Warren Hansen Knezek Proos Young Hertel Knollenberg Robertson Zorn 2006 JOURNAL OF THE SENATE [December 15, 2015] [No. 110 Nays—2 Colbeck Emmons Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,”. The Senate agreed to the full title. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Knezek as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4744, entitled A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 2 (MCL 552.602), as amended by 2014 PA 373. Senate Bill No. 582, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 87b and 87c (MCL 211.87b and 211.87c), section 87b as amended by 2014 PA 126 and section 87c as amended by 2012 PA 431, and by adding section 87f. Senate Bill No. 583, entitled A bill to amend 1933 PA 94, entitled “The revenue bond act of 1933,” by amending the title and section 3 (MCL 141.103), the title as amended by 1998 PA 196 and section 3 as amended by 2002 PA 465, and by adding sections 7b, 21a, 22a, and 24a. House Bill No. 4095, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies and for capital outlay for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The bills were placed on the order of Third Reading of Bills. No. 110] [December 15, 2015] JOURNAL OF THE SENATE 2007 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 6, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7b (MCL 211.7b), as amended by 2013 PA 161. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 216, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 4, 6, 98, 107, 230, and 256 (MCL 388.1604, 388.1606, 388.1698, 388.1707, 388.1830, and 388.1856), section 4 as amended by 2012 PA 201 and sections 6, 98, 107, 230, and 256 as amended by 2014 PA 196. Substitute (S-4). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 51, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 4a. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4658, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 6096. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4742, entitled A bill to make uniform the laws relating to support enforcement; and to repeal acts and parts of acts. Substitute (S-2). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 53, line 13, by striking out all of sections 904 and 905 and renumbering the remaining sections. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 551, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 1104, 2801, 2803, 2807, 3206, 3207, 3209, 3614, and 3701 (MCL 700.1104, 700.2801, 700.2803, 700.2807, 700.3206, 700.3207, 700.3209, 700.3614, and 700.3701), section 1104 as amended by 2009 PA 46, section 2803 as amended by 2012 PA 173, section 2807 as amended by 2000 PA 54, sections 3206 and 3209 as amended by 2012 PA 63, section 3207 as amended by 2010 PA 325, and sections 3614 and 3701 as amended by 2006 PA 299, and by adding sections 3206a and 3206b; and to repeal acts and parts of acts. Substitute (S-1). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 12, line 6, after “MEMBER” by inserting “AT THE TIME OF THE DECEDENT’S DEATH”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. 2008 JOURNAL OF THE SENATE [December 15, 2015] [No. 110 The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill: Senate Bill No. 629, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 19b of chapter XIIA (MCL 712A.19b), as amended by 2012 PA 386. The following is the amendment recommended by the Committee of the Whole: 1. Amend page 9, line 1, after “section.” by inserting “CONCERNED PERSON INCLUDES A PARENT PETITIONING FOR TERMINATION OF THE OTHER PARENT’S PARENTAL RIGHTS UNDER SUBSECTION (3)(O).”. The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 490, entitled A bill to amend 1988 PA 378, entitled “An act to preserve personal privacy with respect to the purchase, rental, or borrowing of certain materials; and to provide penalties and remedies for violation of this act,” by amending sections 1, 3, 4, and 5 (MCL 445.1711, 445.1713, 445.1714, and 445.1715), section 5 as added by 1989 PA 206. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4930, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2015 PA 19. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 523, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 72114 (MCL 324.72114), as amended by 2014 PA 210, and by adding section 72117. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 588, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43516 (MCL 324.43516), as amended by 2013 PA 108. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 11:02 a.m. 11:16 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. No. 110] [December 15, 2015] JOURNAL OF THE SENATE 2009 Introduction and Referral of Bills enators Horn, Jones, Booher and Green introduced S Senate Joint Resolution M, entitled A joint resolution proposing an amendment to the state constitution of 1963, by amending section 8 of article IX, to increase the sales tax rate, to dedicate that revenue to transportation purposes, and to nullify the increase in motor fuel taxes or registration fees enacted in 2015. The joint resolution was read a first and second time by title and referred to the Committee on Government Operations. Senator Green introduced Senate Bill No. 669, entitled A bill to control noise; and to prescribe civil sanctions. The bill was read a first and second time by title and referred to the Committee on Natural Resources. Senators Warren, Schuitmaker, Proos, Booher, Marleau, Knezek, Gregory and Hertel introduced Senate Bill No. 670, entitled A bill to create a commission to commemorate the centennial of World War I; to prescribe the powers and duties of the commission; and to prescribe the powers and duties of certain state agencies and officials. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. Senators Hansen, Proos, MacGregor, Marleau, Horn and Booher introduced Senate Bill No. 671, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 303 and 543 (MCL 436.1303 and 436.1543), section 543 as amended by 2010 PA 213. The bill was read a first and second time by title and referred to the Committee on Agriculture. Senator Hansen introduced Senate Bill No. 672, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5109 (MCL 700.5109), as added by 2011 PA 61. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. Senators Horn, Bieda, Jones, Proos, Marleau, Brandenburg and Schmidt introduced Senate Bill No. 673, entitled A bill to amend 2000 PA 146, entitled “Obsolete property rehabilitation act,” by amending section 16 (MCL 125.2796), as amended by 2010 PA 137. The bill was read a first and second time by title and referred to the Committee on Economic Development and Inter­ national Investment. Senators Hopgood, Marleau, Bieda, Nofs, Knezek and Johnson introduced Senate Bill No. 674, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 20173a and 20173b (MCL 333.20173a and 333.20173b), as amended by 2014 PA 66. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators Hopgood, Marleau, Bieda, Nofs, Knezek and Johnson introduced Senate Bill No. 675, entitled A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 134a (MCL 330.1134a), as amended by 2014 PA 72. The bill was read a first and second time by title and referred to the Committee on Health Policy. 2010 JOURNAL OF THE SENATE [December 15, 2015] [No. 110 Senators Hopgood, Marleau, Bieda, Nofs, Knezek and Johnson introduced Senate Bill No. 676, entitled A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending sections 4 and 34b (MCL 400.704 and 400.734b), section 4 as amended by 2013 PA 156 and section 34b as amended by 2014 PA 73. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senators Hertel, Young and Ananich introduced Senate Bill No. 677, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3201 (MCL 600.3201), as amended by 1981 PA 172, and by adding section 3117. The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. House Bill No. 4292, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 19 of chapter XVI (MCL 776.19). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Local Government. House Bill No. 4686, entitled A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political sub­ divisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” by amending section 2a (MCL 691.1402a), as amended by 2012 PA 50. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. By unanimous consent the Senate returned to the order of Motions and Communications enator Kowall moved that rule 2.106 be suspended to allow committees to meet during Senate session. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess until 2:00 p.m. S The motion prevailed, the time being 11:20 a.m. The Senate reconvened at the expiration of the recess and was called to order by the President, Lieutenant Governor Calley. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 2:01 p.m. 3:51 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. No. 110] [December 15, 2015] JOURNAL OF THE SENATE 2011 By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Knezek as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill: Senate Bill No. 591, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 63201 (MCL 324.63201), as added by 2004 PA 449, and by adding part 634. The bill was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4314, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 601d (MCL 257.601d), as added by 2008 PA 463. Substitute (S-1). The following are the amendments to the substitute recommended by the Committee of the Whole: 1. Amend page 1, line 2, after “HIGHWAY” by striking out the balance of the line through “POND” on line 3. 2. Amend page 1, line 9, after “HIGHWAY” by striking out “OR A FROZEN PUBLIC LAKE, STREAM, OR POND”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4713, entitled A bill to amend 1846 RS 1, entitled “Of the statutes,” (MCL 8.1 to 8.8) by adding section 9. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4462, entitled A bill to amend 1964 PA 284, entitled “City income tax act,” by amending section 43 of chapter 2 (MCL 141.643), as amended by 1996 PA 478. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: House Bill No. 4742 House Bill No. 4744 House Bill No. 4095 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: House Bill No. 4742, entitled A bill to make uniform the laws relating to support enforcement; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 2012 Roll Call No. 595 JOURNAL OF THE SENATE [December 15, 2015] [No. 110 Yeas—34 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Shirkey Brandenburg Horn Meekhof Smith Casperson Hune Nofs Stamas Emmons Johnson Pavlov Warren Gregory Jones Proos Young Hansen Knezek Robertson Zorn Hertel Knollenberg Nays—4 Colbeck Green O’Brien Schuitmaker Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4744, entitled A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 2 (MCL 552.602), as amended by 2014 PA 373. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 596 Yeas—35 Ananich Hildenbrand Kowall Schmidt Bieda Hood MacGregor Schuitmaker Booher Hopgood Marleau Shirkey Brandenburg Horn Meekhof Smith Casperson Hune Nofs Stamas Emmons Johnson Pavlov Warren Gregory Jones Proos Young Hansen Knezek Robertson Zorn Hertel Knollenberg Rocca Nays—3 Colbeck Green O’Brien No. 110] [December 15, 2015] JOURNAL OF THE SENATE 2013 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Senator Kowall moved to reconsider the vote by which the bill was passed. The motion prevailed, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 597 Yeas—34 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Shirkey Brandenburg Horn Meekhof Smith Casperson Hune Nofs Stamas Emmons Johnson Pavlov Warren Gregory Jones Proos Young Hansen Knezek Robertson Zorn Hertel Knollenberg Nays—4 Colbeck Green O’Brien Schuitmaker Excused—0 Not Voting—0 In The Chair: Schuitmaker ursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: P “An act to provide for and to supplement statutes that provide for the provisions and enforcement of support, health care, and parenting time orders with respect to divorce, separate maintenance, paternity, child custody and support, and spousal support; to prescribe and authorize certain provisions of those orders; to prescribe the powers and duties of the circuit court and friend of the court; to prescribe certain duties of certain employers and other sources of income; to provide for penalties and remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4095, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies and for capital outlay for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 2014 Roll Call No. 598 JOURNAL OF THE SENATE [December 15, 2015] [No. 110 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. Recess enator Kowall moved that the Senate recess until 7:00 p.m. S The motion prevailed, the time being 4:09 p.m. The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Sena­ tor Schuitmaker. By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today: House Bill No. 4563 The motion prevailed, a majority of the members serving voting therefor. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Knezek as Chairperson. No. 110] [December 15, 2015] JOURNAL OF THE SENATE 2015 After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4596, entitled A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 24 (MCL 169.224), as amended by 1999 PA 237. House Bill No. 4597, entitled A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 33 (MCL 169.233), as amended by 2013 PA 252. House Bill No. 4680, entitled A bill to amend 1968 PA 15, entitled “Correctional industries act,” by amending section 6 (MCL 800.326), as amended by 2012 PA 261. House Bill No. 4563, entitled A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” by amending section 110c (MCL 41.110c), as added by 1989 PA 77. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4604, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 9115a (MCL 324.9115a), as added by 2005 PA 56. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4983, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 74116 (MCL 324.74116), as amended by 2013 PA 81. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 7:08 p.m. 7:23 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: Senate Bill No. 6 House Bill No. 4314 Senate Bill No. 216 2016 JOURNAL OF THE SENATE [December 15, 2015] [No. 110 Senate Bill No. 591 Senate Bill No. 51 House Bill No. 4658 Senate Bill No. 551 Senate Bill No. 629 House Bill No. 4713 Senate Bill No. 490 Senate Bill No. 582 Senate Bill No. 583 House Bill No. 4930 Senate Bill No. 523 Senate Bill No. 588 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: Senate Bill No. 6, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7b (MCL 211.7b), as amended by 2013 PA 161. The question being on the passage of the bill, Senator Knezek offered the following amendment: 1. Amend page 6, following line 25, by inserting: “Enacting section 1. The legislature shall annually appropriate sufficient funds from the state general fund to the state school aid fund created in section 11 of article IX of the state constitution of 1963 to fully compensate for any loss of revenue to the state school aid fund resulting from the enactment of this amendatory act.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 599 Yeas—18 Ananich Hertel Jones Rocca Bieda Hood Knezek Smith Casperson Hopgood Nofs Warren Emmons Horn O’Brien Young Gregory Johnson Nays—20 Booher Hildenbrand Marleau Schmidt Brandenburg Hune Meekhof Schuitmaker Colbeck Knollenberg Pavlov Shirkey Green Kowall Proos Stamas Hansen MacGregor Robertson Zorn Excused—0 In The Chair: Schuitmaker Not Voting—0 No. 110] [December 15, 2015] JOURNAL OF THE SENATE Senator Warren offered the following amendments: 1. Amend page 3, line 24, after “REDUCED” by striking out “IN EXCESS OF 5%”. 2. Amend page 3, line 26, after “THAT” by striking out “EXCESS” and inserting “REDUCTION”. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 600 Ananich Bieda Casperson Gregory Yeas—15 Hansen Horn Smith Hertel Johnson Warren Hood Knezek Young Hopgood Nofs Nays—23 Booher Hune Meekhof Schmidt Brandenburg Jones O’Brien Schuitmaker Colbeck Knollenberg Pavlov Shirkey Emmons Kowall Proos Stamas Green MacGregor Robertson Zorn Hildenbrand Marleau Rocca Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 601 Yeas—36 Ananich Hansen Knezek Proos Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Rocca Brandenburg Hood MacGregor Schmidt Casperson Hopgood Marleau Schuitmaker Colbeck Horn Meekhof Smith Emmons Hune Nofs Stamas Green Johnson O’Brien Young Gregory Jones Pavlov Zorn Nays—2 Shirkey Warren 2017 2018 JOURNAL OF THE SENATE [December 15, 2015] [No. 110 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4314, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 601d (MCL 257.601d), as added by 2008 PA 463. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 602 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; No. 110] [December 15, 2015] JOURNAL OF THE SENATE 2019 to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 216, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 4, 6, 98, 107, 230, and 256 (MCL 388.1604, 388.1606, 388.1698, 388.1707, 388.1830, and 388.1856), section 4 as amended by 2012 PA 201, sections 6 and 107 as amended by 2015 PA 139, and sections 98, 230, and 256 as amended by 2015 PA 85. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 603 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 591, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 63201 (MCL 324.63201), as added by 2004 PA 449, and by adding part 634. The question being on the passage of the bill, Senator Warren offered the following amendment: 1. Amend page 8, following line 25, by inserting: “(F) A DESCRIPTION OF THE GEOCHEMISTRY OF THE WASTE ROCK, OVERBURDEN, PERIPHERAL ROCK, AND TAILINGS, INCLUDING CHARACTERIZATION OF LEACHABILITY AND REACTIVITY.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Warren offered the following amendments: 1. Amend page 8, line 26, by striking out all of subsection (4) and renumbering the remaining subsections. 2020 JOURNAL OF THE SENATE [December 15, 2015] [No. 110 2. Amend page 9, line 6, after “SUBSECTION” by striking out “(6)” and inserting “(5)”. 3. Amend page 9, line 8, after “SUBSECTION” by striking out “(5)” and inserting “(4)”. 4. Amend page 9, line 12, after “SUBSECTION” by striking out “(5)” and inserting “(4)”. 5. Amend page 9, following line 13, by inserting: “(6) WITHIN 42 DAYS AFTER AN APPLICATION FOR A MINING PERMIT IS DETERMINED TO BE ADMINISTRATIVELY COMPLETE, THE DEPARTMENT SHALL HOLD A PUBLIC MEETING ON THE APPLICATION. THE DEPARTMENT SHALL GIVE NOTICE OF THE PUBLIC MEETING NOT LESS THAN 14 OR MORE THAN 28 DAYS BEFORE THE DATE OF THE PUBLIC MEETING. THE NOTICE SHALL SPECIFY THE TIME AND PLACE OF THE PUBLIC MEETING, WHICH SHALL BE HELD IN THE COUNTY WHERE THE MINE IS PROPOSED TO BE LOCATED, AND SHALL INCLUDE INFORMATION ON HOW TO REVIEW A COPY OF THE APPLICATION. THE NOTICE SHALL BE GIVEN IN WRITING TO THE CITY, VILLAGE, OR TOWNSHIP AND THE COUNTY WHERE THE MINE IS PROPOSED TO BE LOCATED AND TO ALL AFFECTED FEDERALLY RECOGNIZED INDIAN TRIBES IN THIS STATE. THE NOTICE SHALL ALSO BE GIVEN BY PUBLICATION IN A NEWSPAPER OF LOCAL DISTRIBUTION IN THE AREA WHERE THE MINE IS PROPOSED TO BE LOCATED. (7) THE DEPARTMENT SHALL ACCEPT WRITTEN PUBLIC COMMENT ON THE PERMIT APPLICATION FOR 28 DAYS FOLLOWING THE PUBLIC MEETING UNDER SUBSECTION (6). WITHIN 28 DAYS AFTER THE EXPIRATION OF THE PUBLIC COMMENT PERIOD, THE DEPARTMENT SHALL REACH A PROPOSED DECISION TO GRANT OR DENY A MINING PERMIT AND SHALL ESTABLISH A TIME AND PLACE FOR A PUBLIC HEARING ON THE PROPOSED DECISION. THE DEPARTMENT SHALL GIVE NOTICE OF THE PUBLIC HEARING NOT LESS THAN 14 OR MORE THAN 28 DAYS BEFORE THE DATE OF THE PUBLIC HEARING. THE NOTICE SHALL BE GIVEN IN WRITING TO THE CITY, VILLAGE, OR TOWNSHIP AND THE COUNTY WHERE THE MINE IS PROPOSED TO BE LOCATED AND TO ALL AFFECTED FEDERALLY RECOGNIZED INDIAN TRIBES IN THIS STATE. THE NOTICE SHALL ALSO BE GIVEN BY PUBLICATION IN A NEWSPAPER OF LOCAL DISTRIBUTION IN THE AREA WHERE THE MINE IS PROPOSED TO BE LOCATED. THE NOTICE SHALL CONTAIN ALL OF THE FOLLOWING: (A) A SUMMARY OF THE PERMIT APPLICATION. (B) INFORMATION ON HOW TO REVIEW A COMPLETE COPY OF THE APPLICATION. THE APPLICATION SHALL BE MADE AVAILABLE AT A PUBLIC LOCATION IN THE AREA. (C) A LISTING OF OTHER PERMITS AND HEARINGS THAT ARE PENDING OR ANTICIPATED UNDER THIS ACT WITH RESPECT TO THE PROPOSED MINING OPERATION. (D) THE TIME AND PLACE OF THE PUBLIC HEARING, WHICH SHALL BE HELD IN THE AREA WHERE THE MINE IS PROPOSED TO BE LOCATED.” and renumbering the remaining subsections. 6. Amend page 9, line 14, after “SUBSECTION” by striking out “(8)” and inserting “(9)”. 7. Amend page 9, line 15, after “AFTER” by striking out the balance of the line through “(6)” on line 17 and inserting “THE PUBLIC HEARING UNDER SUBSECTION (7)”. 8. Amend page 9, line 23, after “SUBSECTION” by striking out “(7)” and inserting “(8)”. 9. Amend page 11, line 8, after “TO” by striking out “(8)” and inserting “(9)”. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 604 Yeas—15 Ananich Hertel Bieda Hood Colbeck Hopgood Gregory Hune Johnson Smith Knezek Warren Rocca Young Schuitmaker Nays—23 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Jones Nofs Shirkey No. 110] Emmons Green Hansen [December 15, 2015] JOURNAL OF THE SENATE 2021 Knollenberg O’Brien Stamas Kowall Pavlov Zorn MacGregor Proos Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 605 Yeas—25 Booher Horn Meekhof Schmidt Brandenburg Jones Nofs Schuitmaker Casperson Knollenberg O’Brien Shirkey Emmons Kowall Pavlov Smith Green MacGregor Proos Stamas Hansen Marleau Robertson Zorn Hildenbrand Nays—13 Ananich Hertel Hune Rocca Bieda Hood Johnson Warren Colbeck Hopgood Knezek Young Gregory Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 51, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 8a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 2022 JOURNAL OF THE SENATE [December 15, 2015] Roll Call No. 606 [No. 110 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4658, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 6096. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 607 Yeas—36 Ananich Hansen Knezek Proos Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Rocca Brandenburg Hood MacGregor Schmidt Casperson Hopgood Marleau Schuitmaker Colbeck Horn Meekhof Shirkey Emmons Hune Nofs Stamas Green Johnson O’Brien Warren Gregory Jones Pavlov Zorn Nays—2 Smith Young Excused—0 No. 110] [December 15, 2015] JOURNAL OF THE SENATE 2023 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 551, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 1104, 2801, 2803, 2807, 3206, 3207, 3209, 3614, and 3701 (MCL 700.1104, 700.2801, 700.2803, 700.2807, 700.3206, 700.3207, 700.3209, 700.3614, and 700.3701), section 1104 as amended by 2009 PA 46, section 2803 as amended by 2012 PA 173, section 2807 as amended by 2000 PA 54, sections 3206 and 3209 as amended by 2012 PA 63, section 3207 as amended by 2010 PA 325, and sections 3614 and 3701 as amended by 2006 PA 299, and by adding sections 3206a and 3206b; and to repeal acts and parts of acts. The question being on the passage of the bill, Senator Schuitmaker offered the following amendment: 1. Amend page 22, line 1, after “ESTABLISHMENT” by inserting a comma and “CEMETERY, OR CREMATORY”. The amendment was adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 608 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. 2024 JOURNAL OF THE SENATE [December 15, 2015] [No. 110 The following bill was read a third time: Senate Bill No. 629, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 19b of chapter XIIA (MCL 712A.19b), as amended by 2012 PA 386. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 609 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4713, entitled A bill to amend 1846 RS 1, entitled “Of the statutes,” (MCL 8.1 to 8.8) by adding section 9. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 610 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg No. 110] [December 15, 2015] JOURNAL OF THE SENATE 2025 Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 490, entitled A bill to amend 1988 PA 378, entitled “An act to preserve personal privacy with respect to the purchase, rental, or borrowing of certain materials; and to provide penalties and remedies for violation of this act,” by amending sections 1, 2, 3, 4, and 5 (MCL 445.1711, 445.1712, 445.1713, 445.1714, and 445.1715), section 5 as added by 1989 PA 206. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 611 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 582, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 87b and 87c (MCL 211.87b and 211.87c), section 87b as amended by 2014 PA 126 and section 87c as amended by 2012 PA 431, and by adding section 87f. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 2026 JOURNAL OF THE SENATE [December 15, 2015] Roll Call No. 612 [No. 110 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 583, entitled A bill to amend 1933 PA 94, entitled “The revenue bond act of 1933,” by amending the title and section 3 (MCL 141.103), the title as amended by 1998 PA 196 and section 3 as amended by 2002 PA 465, and by adding sections 7b, 21a, 22a, and 24a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 613 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 No. 110] [December 15, 2015] JOURNAL OF THE SENATE 2027 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4930, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2015 PA 19. The question being on the passage of the bill, Senator Knezek offered the following amendment: 1. Amend page 19, following line 24, by inserting: “Enacting section 1. The legislature shall annually appropriate sufficient funds from the state general fund to the state school aid fund created in section 11 of article IX of the state constitution of 1963 to fully compensate for any loss of revenue to the state school aid fund resulting from the enactment of this amendatory act.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 614 Yeas—17 Ananich Hood Jones Rocca Bieda Hopgood Knezek Schuitmaker Casperson Horn Nofs Warren Gregory Johnson O’Brien Young Hertel Nays—21 Booher Hildenbrand Marleau Schmidt Brandenburg Hune Meekhof Shirkey Colbeck Knollenberg Pavlov Smith Emmons Kowall Proos Stamas Green MacGregor Robertson Zorn Hansen Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: 2028 Roll Call No. 615 JOURNAL OF THE SENATE [December 15, 2015] [No. 110 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 523, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 72114 (MCL 324.72114), as amended by 2014 PA 210, and by adding section 72117. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 616 Yeas—38 Ananich Hertel Bieda Hildenbrand Booher Hood Brandenburg Hopgood Casperson Horn Colbeck Hune Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Smith O’Brien Stamas No. 110] [December 15, 2015] JOURNAL OF THE SENATE Emmons Green Gregory Hansen 2029 Johnson Pavlov Warren Jones Proos Young Knezek Robertson Zorn Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 588, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43516 (MCL 324.43516), as amended by 2013 PA 108. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 617 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. 2030 JOURNAL OF THE SENATE [December 15, 2015] [No. 110 Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar: House Bill No. 4462 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: House Bill No. 4462, entitled A bill to amend 1964 PA 284, entitled “City income tax act,” by amending sections 41, 43, 51, 52, 53, 60, 61, and 82 of chapter 2 (MCL 141.641, 141.643, 141.651, 141.652, 141.653, 141.660, 141.661, and 141.682), sections 41, 43, 60, 61, and 82 as amended by 1996 PA 478, section 51 as amended by 1982 PA 124, and section 52 as amended by 1996 PA 442, and by adding sections 43a and 50 to chapter 2; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 618 Yeas—21 Ananich Emmons Marleau Rocca Bieda Hildenbrand Meekhof Schmidt Booher Hune Pavlov Smith Brandenburg Knollenberg Proos Stamas Casperson Kowall Robertson Zorn Colbeck Nays—17 Green Hopgood Knezek Schuitmaker Gregory Horn MacGregor Shirkey Hansen Johnson Nofs Warren Hertel Jones O’Brien Young Hood Excused—0 Not Voting—0 In The Chair: Schuitmaker enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to permit the imposition and collection by cities of an excise tax levied on or measured by income; to permit the collection and administration of the tax by the state; to provide the procedure including referendums for, and to require the adoption of a prescribed uniform city income tax ordinance by cities desiring to impose and collect such a tax; to limit the imposition and collection by cities and villages of excise taxes levied on or measured by income; to prescribe the powers and duties of certain state and municipal agencies, departments, and officials; to establish the city income tax trust fund; to provide for appeals; and to prescribe penalties and provide remedies,”. The Senate agreed to the full title. No. 110] [December 15, 2015] JOURNAL OF THE SENATE 2031 By unanimous consent the Senate returned to the order of Resolutions Senators Colbeck, Shirkey, Knollenberg, Robertson, Jones, Pavlov, Green, Zorn and Booher offered the following concurrent resolution: Senate Concurrent Resolution No. 22. A concurrent resolution to urge Governor Snyder to maintain his current position on the relocation of Syrian refugees into the state of Michigan until the Legislature affirms by resolution their resettlement, to prioritize the safety and wellbeing of Michiganders, and to continue to pursue policies that ensure the security of this state. Whereas, The President of the United States, under the Refugee Act of 1980, has issued an executive order increasing the intake of refugees from Syria to 10,000 for fiscal year 2015-2016. These individuals have been subject to an intense civil war pitting government, opposition, and terrorist forces against one another and are fleeing Syria. The program seeks to resettle Syrians in communities across the United States; and Whereas, Terrorists loyal to the Islamic State of Iraq and al-Sham in Syria—commonly known as ISIS—have recently expanded their campaign from the war-torn streets of Syria to all nations. In these past few months alone, ISIS has claimed responsibility for downing a Russian-bound commercial flight, killing hundreds, and Abdelhamid Abaaoud, an ISIS member, masterminded the coordinated attacks in Paris that killed 129 people and injured more than 350 others. Weeks later in San Bernardino, California, two radicalized terrorists, Syed Farook and Tashfeen Malik, killed 14 people and injured another 21 people. These acts have been committed by radicalized citizens and individuals using the visa system; and Whereas, By increasing the intake of refugees, the President has given individuals who have adopted the teachings and ideology of ISIS a clear legal path into the United States. The FBI Director, James Comey, admits that “there are certain gaps… in the information available to us” when speaking about the process by which refugees are screened to prevent the resettlement of individuals with ties to ISIS. Other visa programs as well as illegal immigration have the potential to aid ISIS too, including student visas, work visas, and the visa waiver program. This was the case with one of the San Bernardino terrorists, Tashfeen Malik; and Whereas, As the frequency and severity of ISIS attacks increase, measures are needed to protect the citizens of Michigan and the United States. Governor Snyder was correct in suspending the Syrian resettlement program in Michigan in the wake of ISIS’s attacks on Paris. To date, Michigan has been one of the top destinations for Syrian refugees in the United States, creating an increased demand on our state’s social service programs and our budget. Most importantly, allowing individuals sympathetic to ISIS places at risk the security and wellbeing of Michiganders and all Americans. Suspending this program has made our state more secure and efforts must continue to be made to ensure our security; now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That we urge Governor Snyder to maintain his current position on the relocation of Syrian refugees into the state of Michigan until the Legislature affirms by resolution their resettlement; and be it further Resolved, That we urge the Governor to prioritize the safety and wellbeing of Michiganders even if it requires the forfeiture of federal funding for public services and to continue to pursue policies that protect this state from visa holders and illegal immigrants who wish us harm; and be it further Resolved, That copies of this resolution be transmitted to the Governor and Lieutenant Governor of Michigan. Pursuant to rule 3.204, the concurrent resolution was referred to the Committee on Government Operations. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 8:16 p.m. 8:25 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 531, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding chapter 19A. 2032 JOURNAL OF THE SENATE [December 15, 2015] [No. 110 he House of Representatives has substituted (H-2) the bill. T The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” (MCL 600.101 to 600.9947) by adding sections 1990, 1991, 1992, and 1993. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 619 Yeas—34 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Smith Casperson Horn Nofs Stamas Colbeck Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Robertson Zorn Gregory Knollenberg Nays—1 Hune Excused—0 Not Voting—3 Hansen Proos Shirkey In The Chair: Schuitmaker enator Kowall moved to reconsider the vote by which the House substitute was concurred in. S The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 620 Ananich Bieda Yeas—36 Hansen Hertel Knollenberg Robertson Kowall Rocca No. 110] [December 15, 2015] JOURNAL OF THE SENATE Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Johnson Green Jones Gregory Knezek 2033 MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Smith O’Brien Stamas Pavlov Warren Proos Zorn Nays—1 Hune Excused—0 Not Voting—1 Young In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. enator Kowall moved that Senator Young be temporarily excused from the balance of today’s session. S The motion prevailed. Senate Bill No. 532, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 176. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Senator Young entered the Senate Chamber. ending the order that, under rule 3.202, the bill be laid over one day, P Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 621 Ananich Bieda Yeas—38 Hertel Hildenbrand Kowall Rocca MacGregor Schmidt 2034 JOURNAL OF THE SENATE [December 15, 2015] [No. 110 Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 533, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 1988. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 622 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 No. 110] [December 15, 2015] JOURNAL OF THE SENATE 2035 Excused—0 Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 8:39 p.m. 8:57 p.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. Recess enator Kowall moved that the Senate recess until 10:00 p.m. S The motion prevailed, the time being 8:58 p.m. The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Sena­ tor Schuitmaker. Recess enator Kowall moved that the Senate recess until 10:30 p.m. S The motion prevailed, the time being 10:01 p.m. The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Sena­ tor Schuitmaker. Recess enator Kowall moved that the Senate recess until 11:00 p.m. S The motion prevailed, the time being 10:31 p.m. The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Sena­ tor Schuitmaker. Senate Bill No. 418, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 203 (MCL 259.203), as amended by 2008 PA 25. 2036 JOURNAL OF THE SENATE [December 15, 2015] [No. 110 The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 425, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 35 (MCL 259.35), as amended by 2002 PA 352. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 623 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 426, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 34 (MCL 259.34), as amended by 1996 PA 370. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. No. 110] [December 15, 2015] JOURNAL OF THE SENATE 2037 ending the order that, under rule 3.202, the bill be laid over one day, P Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 624 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 612, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 7 (MCL 259.7), as amended by 2002 PA 35. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 613, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2012 PA 226, and by adding section 6c. The House of Representatives has amended the bill as follows: 1. Amend page 5, line 19, after “SECTION” by striking out “35(2)” and inserting “35”. The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. 2038 JOURNAL OF THE SENATE [December 15, 2015] [No. 110 ending the order that, under rule 3.202, the bill be laid over one day, P Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the amendment made to the bill by the House, The amendment was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 625 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 614, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 21 (MCL 205.111), as amended by 2014 PA 80, and by adding section 6c. The House of Representatives has amended the bill as follows: 1. Amend page 4, line 22, after “SECTION” by striking out “35(2)” and inserting “35”. The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the amendment made to the bill by the House, The amendment was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 626 Ananich Bieda Yeas—38 Hertel Hildenbrand Kowall Rocca MacGregor Schmidt No. 110] [December 15, 2015] JOURNAL OF THE SENATE 2039 Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 616, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 12 (MCL 205.62), as amended by 2008 PA 438, and by adding section 4ee. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 627 Yeas—26 Ananich Hildenbrand Marleau Schmidt Booher Horn Meekhof Schuitmaker Brandenburg Johnson Nofs Shirkey Casperson Jones O’Brien Smith Green Knezek Proos Stamas Hansen Kowall Robertson Zorn Hertel MacGregor Nays—12 Bieda Gregory Hune Rocca Colbeck Hood Knollenberg Warren Emmons Hopgood Pavlov Young 2040 JOURNAL OF THE SENATE [December 15, 2015] [No. 110 Excused—0 Not Voting—0 In The Chair: Schuitmaker he Senate agreed to the full title. T The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 617, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 14b (MCL 205.104b), as amended by 2008 PA 439, and by adding section 4cc. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 628 Yeas—26 Ananich Hildenbrand Marleau Schmidt Booher Horn Meekhof Schuitmaker Brandenburg Johnson Nofs Shirkey Casperson Jones O’Brien Smith Green Knezek Proos Stamas Hansen Kowall Robertson Zorn Hertel MacGregor Nays—12 Bieda Gregory Hune Rocca Colbeck Hood Knollenberg Warren Emmons Hopgood Pavlov Young Excused—0 Not Voting—0 In The Chair: Schuitmaker he Senate agreed to the full title. T The bill was referred to the Secretary for enrollment printing and presentation to the Governor. No. 110] [December 15, 2015] JOURNAL OF THE SENATE 2041 Protest Senator Colbeck, under his constitutional right of protest (Art. 4, Sec. 18), protested against concurring in the House substitutes for Senate Bill Nos. 616 and 617 and moved that the statement he made during the discussion of Senate Bill No. 616 be printed as his reasons for voting “no.” The motion prevailed. Senator Colbeck’s statement is as follows: When we voted on these bills the first time in the Senate, I was in the middle of surgery and unable to vote on them. When I got out from under the anesthesia, I was disappointed to find out that we had decided to pursue this policy. This year was a pretty big year. We finally put an end to picking winners and losers via the film credits, only to find out we have picked a new industry to go off and provide favored-nation status to, and that’s the data centers. I am all for getting data centers into our state. I would love to have more here, but going off and providing special tax exemptions for them is not the way to do it. One nice thing about data centers is they have one area in their expense line that is one of the highest expenses they have as a business, which is around electricity. You need to power up the servers and keep them cool. I used to offer software as a service in private industry, and I have had my tours of data centers. If you can find a way to actually lower the expense of that electricity, you have found a way to provide them with the lower cost of doing business in this state, and you can do it without having a pick-winners-and-losers tax strategy. That is the path we should be pursuing to lower the cost of doing business in our state, not by providing a special tax exemption, so I urge my colleagues to vote “no.” Committee Reports The Committee on Transportation reported House Bill No. 4459, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 310 (MCL 257.310), as amended by 2013 PA 27. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Transportation reported House Bill No. 4460, entitled A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 2 (MCL 28.292), as amended by 2013 PA 28. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, December 10, 2015, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood 2042 JOURNAL OF THE SENATE [December 15, 2015] [No. 110 The Committee on Local Government reported House Bill No. 4563, entitled A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” by amending section 110c (MCL 41.110c), as added by 1989 PA 77. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Proos and Rocca Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, December 15, 2015, at 9:30 a.m., Room 100, Farnum Building Present: Senators Zorn (C), Proos and Rocca Excused: Senators Brandenburg and Young enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:31 p.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Wednesday, December 16, 2015, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 111 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Wednesday, December 16, 2015. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 2044 JOURNAL OF THE SENATE [December 16, 2015] [No. 111 ishop David Maxwell of Eliezer Temple Church of Lansing offered the following invocation: B Father God, we are so grateful for the multiplicity of blessings that You have bestowed upon this great state. We thank You for Your protection, comfort, and Your guidance. This is not to suggest that we are oblivious to the problems and perplexities that impact our state, but we are grateful that You have gathered this august body of leaders to be solutionoriented. We pray a blessing upon their lives as they are indeed civil servants. We ask that You would continue to bless this great state and bless this great body that we would be unified and not be torn apart by divisiveness and parochial interests. We need Your help and guidance. We are a community and a fabric made of many colors, ethnicities, and religious expressions. We speak the commonality of the Holy Scripture, the Torah, the Koran, and the book of the Hadith. It is one that expresses love and respect for our fellow man. We pray a blessing upon the leadership and this season, as they will disembark from this place after completing their assignments. We pray for safety in their travels, and we pray a blessing on their homes and families. We need You. Beyond the wisdom and intellect of this body, we need the wisdom of God. Beyond the safety of our officers and those who keep us safe, we need the protection of our God. Blessed is the nation whose God is the Lord. This prayer we ask as humbly as we know how, submitting to Your divine will and direction. This prayer I offer in the darling name of Your Son, the Lord Jesus Christ. All those who believe in the power and worth of prayer say, Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Ananich and Young entered the Senate Chamber. The following communication was received and read: Office of the Auditor General December 11, 2015 nclosed is a copy of the following audit report: E Report on internal control over financial reporting for the Michigan Public School Employees’ Retirement System’s Schedules of Employer Allocations and Schedule of Collective Pension Amounts for the fiscal year ended September 30, 2014. Sincerely, Doug Ringler Auditor General The audit report was referred to the Committee on Government Operations. The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, December 15, for his approval the following bills: Enrolled Senate Bill No. 151 at 11:42 a.m. Enrolled Senate Bill No. 400 at 11:44 a.m. Enrolled Senate Bill No. 401 at 11:46 a.m. Enrolled Senate Bill No. 402 at 11:48 a.m. Enrolled Senate Bill No. 529 at 11:50 a.m. Enrolled Senate Bill No. 530 at 11:52 a.m. enator Kowall moved that Senators Brandenburg and Casperson be temporarily excused from today’s session. S The motion prevailed. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:08 a.m. 11:09 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senators Brandenburg and Casperson entered the Senate Chamber. No. 111] [December 16, 2015] JOURNAL OF THE SENATE 2045 By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. enator Young offered the following resolution: S Senate Resolution No. 126. A resolution recognizing Data Consulting Group of Detroit on the occasion of its 25th Anniversary of the establishment of its business in Detroit and the great state of Michigan. Whereas, Data Consulting Group (DCG) was incorporated as a business in the city of Detroit in June of 1990 as a data and management consulting firm to help organizations adopt best practices in people, processes, and technology integration. DCG serves dozens of clients in Michigan and across the United States; and Whereas, The impressive record of performance that DCG has provided Michigan businesses and organizations brings with it a significant contribution to the regional economy; and Whereas, DCG employs some 100 people in its company, purchased a building at 965 East Jefferson Avenue, expended millions of dollars in a multi-phased interior and exterior renovation of its headquarters office, and is committed to further growth and expansion in Detroit; and Whereas, Established in the city of Detroit in 1990, DCG has a satellite office in suburban Washington, D.C., and serves clients nationally from Detroit; and Whereas, The business has evolved dramatically from its introduction of technology and personal computing to the city of Detroit, when operated solely by founder Wayne Wheeler, by growing to service major health care systems, utilities, corporations, municipalities, and departments of the United States government; and Whereas, DCG employees, Board of Directors, Chief Executive Officer Wayne Wheeler, President William Kishler, and Chief Operating Officer Timothy Couvreur are proud to call the city of Detroit and the state of Michigan their corporate home while the company serves as city of Detroit brand ambassadors throughout the United States. This anniversary is a tribute to all those who have worked to build the DCG brand through the years and attain its current status; now, therefore, be it Resolved by the Senate, That we hereby recognize Data Consulting Group of Detroit on the 25th Anniversary of its founding; and be it further Resolved, That we offer this expression of highest tribute to DCG and its home community in Detroit for the innovation of proprietary consulting services and dedication that have made DCG one of the premier minority-owned companies in the nation, with unparalleled longevity and innovation in the professional consulting community; and be it further Resolved, That copies of this resolution be transmitted to Data Consulting Group of Detroit, the U.S. Chamber of Commerce, the Wayne County Board of Commissioners, and the Michigan Department of Licensing and Regulatory Affairs as evidence of our highest esteem. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Brandenburg, Gregory and Hansen were named co‑sponsors of the resolution. enators Gregory, Green, Young, Ananich, Hertel, Bieda, Warren, Hood and Johnson offered the following resolution: S Senate Resolution No. 127. A resolution to urge the United States Senate to oppose the Trans-Pacific Partnership and any similar trade deals that fail to restructure the misguided and failed policies of the past. Whereas, The Trans-Pacific Partnership is the latest in a string of free trade agreements designed at the expense of hardworking Americans. The growing trade deficits, driven by the North American Free Trade Agreement (NAFTA), China’s accession to the World Trade Organization, and the U.S.-Korea Free Trade Agreement, have displaced 700,000 jobs, 3.2 million jobs, and 75,000 jobs, respectively. Moreover, under NAFTA-style trade rules, the U.S. annual trade deficit has increased dramatically from $70 billion in 1993—the year before NAFTA went into effect—to more than $508 billion in 2014; and 2046 JOURNAL OF THE SENATE [December 16, 2015] [No. 111 Whereas, This free trade agreement will cause significant injury to American manufacturing and hardworking families. Since 2000, the number of manufacturing jobs in the U.S. has declined by 5 million, and the Trans-Pacific Partnership will exacerbate this problem. Jobs lost due to trade agreements devastate families and entire communities and can permanently reduce lifetime earnings for hundreds of thousands of American workers; and Whereas, Poorly constructed trade agreements, like the Trans-Pacific Partnership, come at great cost to our communities, our state, and our nation. The offshoring of manufacturing and service-related jobs deprive local and state governments of sorely needed revenue, jeopardizing the livelihood of millions of public servants as well as construction workers whose jobs depend upon infrastructure building, repair, and maintenance. Nationally, the long decline of the American manufacturing base—exacerbated by bad trade policies that reward outsourcing—has undermined our economic security and poses a direct threat to our national security; and Whereas, The Trans-Pacific Partnership has been negotiated in secret. This has effectively shut state and local govern­ ments out of the process, limiting our ability to influence its rules to ensure the people of the state of Michigan can participate in the benefits of trade. Additionally, given the enactment of fast-track trade negotiating authority, states, localities, and their citizens will have no opportunity to correct shortcomings in the Trans-Pacific Partnership since its text will not be made public until it is final and no longer can be improved; and Whereas, The process by which free trade agreements are constructed gives a disproportionate voice to powerful global corporations interested in advancing an agenda that undermines the public interest and threatens democracy. The process in U.S. trade deals for the past 25 years has been corporate-driven, incorporating rules that skew benefits to economic elites. In NAFTA and all but two of the U.S. trade deals that followed, special legal rights for foreign investors, known as “investor-to-state dispute settlement,” or ISDS, were included that allow foreign firms to bypass state and federal courts and to challenge state and local laws, regulations, and administrative and judicial decisions in international tribunals. Foreign investors already have used NAFTA’s ISDS provisions to challenge decisions regarding local building permits, state bans on toxic chemicals, and decisions of state courts; and Whereas, The Trans-Pacific Partnership has reused the failed practices of the past. The agreement will likely override local labor laws, environmental regulations, and other issues. The environmental provisions are particularly weak compared to past agreements, making it more difficult to punish violators; and Whereas, The Trans-Pacific Partnership will jeopardize the government’s ability to offer affordable public health care programs. The Trans-Pacific Partnership is likely to include provisions locking in monopoly protections for expensive specialty drugs called biologics and constrict the government’s ability to limit spending on drugs. The protections provided for biologics will keep generic medication out of the market, keeping drug prices high for seniors, disabled Americans, and the impoverished who rely on public prescription pricing lists. Moreover, provisions that allow corporations and their subsidiaries to seek and obtain compensation from public programs that offer medication and supplies at below market pricing will jeopardize programs like Medicaid and Medicare. These policies have the potential to undermine access to affordable health care for the individuals who need this care the most; and Whereas, Free trade agreements should be more inclusive of all impacted parties. In Michigan, as in our nation as a whole, promoting economic growth with equity requires an approach that reforms the entire trade negotiation process to ensure that voices of workers, farmers, small businesses, families, and communities are heard and their interests addressed. Repeating old mistakes in negotiating new trade agreements, such as the Trans-Pacific Partnership, represents a missed opportunity to strengthen our economy, reduce income inequality, and promote sustainable growth. Congress must ensure all voices are heard; now, therefore, be it Resolved by the Senate, That we urge the United States Senate to oppose the Trans-Pacific Partnership and any similar trade deals that fail to restructure the misguided and failed policies of the past; and be it further Resolved, That we urge that any free trade agreement only be approved by the United States Senate if the agreement contains provisions that: • Exclude investor-to-state dispute settlement and other provisions that favor foreign companies over domestic ones and undermine public choices; • Ensure that countries cannot undercut U.S.-based producers with weaker labor and environmental laws and enforcement; • Ensure that the U.S. will engage in robust enforcement of trade rules, including labor and environmental rules; • Include strong rule-of-origin provisions to promote economic growth and job creation in the U.S.; • Promote high standards of protection for workplaces, products, and natural resources rather than promoting a race to the bottom; and • Put the interests of people and the planet over the interests of private profit. ; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. No. 111] [December 16, 2015] JOURNAL OF THE SENATE 2047 he question being on the adoption of the resolution, T Senator Kowall moved that the resolution be referred to the Committee on Economic Development and International Investment. The motion prevailed. Senator Hansen was named co‑sponsor of the resolution. Introduction and Referral of Bills enators Hertel, Smith, Young, Gregory, Johnson, Bieda, Hopgood, Hood, Knezek and Ananich introduced S Senate Joint Resolution N, entitled A joint resolution proposing an amendment to the state constitution of 1963, by amending section 9 of article II, to clarify the power of referendum when making appropriations. The joint resolution was read a first and second time by title and referred to the Committee on Government Operations. Senator Young introduced Senate Bill No. 678, entitled A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 5e (MCL 117.5e). The bill was read a first and second time by title and referred to the Committee on Local Government. Senators Horn, Casperson, Zorn, Gregory, Knollenberg, Jones and Colbeck introduced Senate Bill No. 679, entitled A bill to amend 1969 PA 312, entitled “An act to provide for compulsory arbitration of labor disputes in municipal police and fire departments; to define such public departments; to provide for the selection of members of arbitration panels; to prescribe the procedures and authority thereof; and to provide for the enforcement and review of awards thereof,” by amending section 2 (MCL 423.232), as amended by 2011 PA 116. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators MacGregor, Hildenbrand, Green, Marleau and Hopgood introduced Senate Bill No. 680, entitled A bill to amend 1968 PA 173, entitled “An act naming certain state buildings,” (MCL 19.131 to 19.132) by adding section 3. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators Booher, Robertson, Shirkey and Casperson introduced Senate Bill No. 681, entitled A bill to amend 1996 PA 199, entitled “Michigan aquaculture development act,” by amending sections 2, 3, 4, 5, 6, 7, and 9 (MCL 286.872, 286.873, 286.874, 286.875, 286.876, 286.877, and 286.879), sections 2 and 4 as amended by 2003 PA 272, and by adding section 7a. The bill was read a first and second time by title and referred to the Committee on Agriculture. Senators Booher, Robertson, Shirkey and Casperson introduced Senate Bill No. 682, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3101, 30103, 30104, 30306, and 48735 (MCL 324.3101, 324.30103, 324.30104, 324.30306, and 324.48735), section 3101 as amended by 2006 PA 97, section 30103 as amended by 2014 PA 253, section 30104 as amended by 2015 PA 76, section 30306 as amended by 2013 PA 98, and section 48735 as amended by 2003 PA 270, and by adding sections 3113b and 32515b; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Agriculture. Senators Booher, Robertson, Shirkey and Casperson introduced Senate Bill No. 683, entitled A bill to amend 1988 PA 466, entitled “Animal industry act,” by amending section 3 (MCL 287.703), as amended by 2002 PA 458. The bill was read a first and second time by title and referred to the Committee on Agriculture. 2048 JOURNAL OF THE SENATE [December 16, 2015] [No. 111 Senators Warren, Hansen, Schuitmaker, Schmidt, Bieda, Young, Hune and Smith introduced Senate Bill No. 684, entitled A bill to designate the cherry as the official fruit of the state of Michigan. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. Senators Schuitmaker and Warren introduced Senate Bill No. 685, entitled A bill to designate the blueberry as the official berry of the state of Michigan. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. By unanimous consent the Senate returned to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 4596 House Bill No. 4597 House Bill No. 4680 House Bill No. 4604 House Bill No. 4983 House Bill No. 4563 The motion prevailed. The following bill was read a third time: House Bill No. 4596, entitled A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 24 (MCL 169.224), as amended by 1999 PA 237. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 629 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Marleau Shirkey Casperson Horn Meekhof Smith Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—1 Rocca In The Chair: President No. 111] [December 16, 2015] JOURNAL OF THE SENATE 2049 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to regulate political activity; to regulate campaign financing; to restrict campaign contributions and expenditures; to require campaign statements and reports; to regulate anonymous contributions; to regulate campaign advertising and literature; to provide for segregated funds for political purposes; to provide for the use of public funds for political purposes; to create certain funds; to provide for reversion, retention, or refunding of unexpended balances in certain funds; to require other statements and reports; to regulate acceptance of certain gifts, payments, and reimbursements; to prescribe the powers and duties of certain state departments and state and local officials and employees; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4597, entitled A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 33 (MCL 169.233), as amended by 2013 PA 252. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 630 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to regulate political activity; to regulate campaign financing; to restrict campaign contributions and expenditures; to require campaign statements and reports; to regulate anonymous contributions; to regulate campaign advertising and literature; to provide for segregated funds for political purposes; to provide for the use of public funds for political purposes; to create certain funds; to provide for reversion, retention, or refunding of unexpended balances in certain funds; to require other statements and reports; to regulate acceptance of certain gifts, payments, and reimbursements; to prescribe the powers and duties of certain state departments and state and local officials and employees; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts,”. The Senate agreed to the full title. 2050 JOURNAL OF THE SENATE [December 16, 2015] [No. 111 The following bill was read a third time: House Bill No. 4680, entitled A bill to amend 1968 PA 15, entitled “Correctional industries act,” by amending section 6 (MCL 800.326), as amended by 2012 PA 261. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 631 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the employment of inmate labor in the correctional institutions of this state; to provide for the employment of inmate labor in certain private enterprises under certain conditions; to provide for certain powers and duties of the department of corrections, the governor, and other officers and agencies in relation to correctional institutions; to provide for the requisitioning and disbursement of correctional industries products; to provide for the disposition of the proceeds of correctional industries and farms; to provide for purchasing and accounting procedures; to regulate the sale or disposition of inmate labor and products; to provide for the requisitioning, purchases, and supply of correctional industries products; to provide penalties for violations of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4604, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 9115a (MCL 324.9115a), as added by 2005 PA 56. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 632 Booher Casperson Yeas—25 Horn Hune Marleau Robertson Meekhof Schmidt No. 111] [December 16, 2015] JOURNAL OF THE SENATE 2051 Colbeck Jones Nofs Schuitmaker Emmons Knollenberg O’Brien Shirkey Green Kowall Pavlov Stamas Hansen MacGregor Proos Zorn Hildenbrand Nays—13 Ananich Hertel Johnson Smith Bieda Hood Knezek Warren Brandenburg Hopgood Rocca Young Gregory Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4983, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 74116 (MCL 324.74116), as amended by 2013 PA 81. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 633 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg 2052 JOURNAL OF THE SENATE [December 16, 2015] [No. 111 Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4563, entitled A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” by amending section 110c (MCL 41.110c), as added by 1989 PA 77. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 634 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 In The Chair: President Not Voting—0 No. 111] [December 16, 2015] JOURNAL OF THE SENATE 2053 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 11:30 a.m. 11:55 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 446, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40111a (MCL 324.40111a), as amended by 2009 PA 199; and to repeal acts and parts of acts. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appro­priations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 40111a (MCL 324.40111a), as amended by 2009 PA 199. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 11:56 a.m. 12:08 p.m. The Senate was called to order by the President, Lieutenant Governor Calley. The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 635 Yeas—38 Ananich Hertel Bieda Hildenbrand Booher Hood Brandenburg Hopgood Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey 2054 JOURNAL OF THE SENATE [December 16, 2015] [No. 111 Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 518, entitled A bill to amend 1982 PA 294, entitled “Friend of the court act,” by amending section 2 (MCL 552.502), as amended by 2009 PA 233. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 636 Yeas—33 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Shirkey Brandenburg Horn Meekhof Smith Casperson Johnson Nofs Stamas Emmons Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—5 Colbeck Hune O’Brien Schuitmaker Green No. 111] [December 16, 2015] JOURNAL OF THE SENATE 2055 Excused—0 Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 519, entitled A bill to amend 1971 PA 174, entitled “Office of child support act,” by amending section 3 (MCL 400.233), as amended by 2014 PA 381. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 637 Yeas—33 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Shirkey Brandenburg Horn Meekhof Smith Casperson Johnson Nofs Stamas Emmons Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—5 Colbeck Hune O’Brien Schuitmaker Green Excused—0 Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. 2056 JOURNAL OF THE SENATE [December 16, 2015] [No. 111 Senate Bill No. 492, entitled A bill to amend 1974 PA 269, entitled “Franchise investment law,” (MCL 445.1501 to 445.1546) by adding section 4b. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 493, entitled A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” (MCL 418.101 to 418.941) by adding section 120. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Recess enator Kowall moved that the Senate recess until 2:00 p.m. S The motion prevailed, the time being 12:20 p.m. The Senate reconvened at the expiration of the recess and was called to order by the Associate President pro tempore, Senator Hopgood. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 2:01 p.m. 3:25 p.m. The Senate was called to order by the President, Lieutenant Governor Calley. Recess enator Kowall moved that the Senate recess until 5:00 p.m. S The motion prevailed, the time being 3:26 p.m. The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Sena­ tor Schuitmaker. Senator Meekhof asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Meekhof’s statement is as follows: As we all have from time to time, members of our staff who will leave for better opportunities, and today is one of those cases. We are saying goodbye to Jamie Zaniewski today. No. 111] [December 16, 2015] JOURNAL OF THE SENATE 2057 “LET IT BE KNOWN, That today we say goodbye to Senate Majority Policy Advisor Jamie Zaniewski as she moves on to another career opportunity. Since February 2014, Jamie has provided her professional expertise and talents as an advisor to the Senators, staff, and stakeholders for the Senate Banking and Financial Institutions, Insurance, and Regulatory Reform committees, and she has helped shepherd through the Senate some very important and impactful pieces of legislation over the past two years, including transportation ride-sharing and reforming Michigan’s auto no-fault law. Prior to joining the Senate Majority Policy Office, Jamie served in numerous roles at Beaumont Health System. She earned a bachelor’s degree in Political Science from Western Michigan University, graduating cum laude, and a master’s degree in Public Policy from Pepperdine University. In her free time, Jamie enjoys spending time with her fiancé Derek, traveling, playing golf, and attending Detroit Tigers and Red Wings games. The two will marry next October. While Jamie is leaving the Senate today, she is not going very far, as she will move down the street to work as a Senior Policy Advisor covering the health care and insurance industries in the executive office of Governor Rick Snyder. I have no doubt that her expertise, intelligence, quick study, and joyous personality will bring the same benefits to that office as they have here. I speak for all her colleagues when I say that she will be truly missed. IN SPECIAL TRIBUTE, Therefore, This tribute is signed and dedicated to honor the service of Jamie Zaniewski to the Michigan Senate and the people of the state of Michigan.” Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 5:04 p.m. 6:39 p.m. The Senate was called to order by the President, Lieutenant Governor Calley. By unanimous consent the Senate proceeded to the order of Statements Senators Bieda, Colbeck and Meekhof asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Bieda’s statement is as follows: First, I would like to wish everyone the very best for the holidays, a very Merry Christmas and Happy New Year and for your families as well. Earlier this summer, we had the honor of dedicating a couple of cannons in front of the Capitol, one in front of the Senate and one in front of the House. Many of you know that my good friend Senator Kowall and I headed up this effort, a private effort, to raise funds to restore some cannons that once stood in front of the Capitol grounds. They were originally put there in 1878 from a famous battery in the American Civil War called Loomis Battery out of Coldwater. That battery was in a number of different engagements, but a couple of very important ones were Perryville, Kentucky and Chickamauga, Georgia. Those cannons stood in front of the Capitol until around 1943, when they disappeared to the scrap metal drive for World War II. I had the pleasure of sitting next to Mike Kowall for four years, and I count him as one of my closest friends here in the Senate. Generally, when we have days like this when we are doing nothing and would crab about why leadership would allow session to go on and on, we started talking about a couple of other things of interest. One of them was the history of this Capitol that we all love. So we started off this effort and had a number of contributors. We had a dedication service this August where they were dedicated in front of the Capitol. I want to thank Mike not only for his friendship and leadership, but for working with me on this joint, bipartisan effort. There is a certain irony that relics of the Civil War would bring two different parties together, but that is something that we did. I would also like to thank some of the key individuals who worked with us: Dennis Denno, Mark Boucher, Dave Biswas, Steve Sacks, and Matt Van Acker, who were part of this volunteer committee we had that put this together. You probably notice that those cannons are now in front of the Capitol, one on the Senate side and one on the House side, and we have nicknamed them Steve and Mike. We haven’t figured out which of us has the Senate and which has the House. Since Mike is a bit higher ranking, I would concede that the Senate will be Mike and the House Steve. There is a bit of a back story—when we had those commissioned, we wanted them to be firing cannons. We were pretty excited about that because they would be authentic replicas of those that stood in front of the Capitol for so many years. Then 2058 JOURNAL OF THE SENATE [December 16, 2015] [No. 111 the State Police got involved and were concerned about firing cannons, particularly since one is aimed at the Governor’s office and the other at the Mayor’s office. So, subsequently, we have the cannons that are capped and unable to be fired. I think it is wonderful that we have them, and I love to see schoolchildren around them and people snapping pictures. It really was a labor of love to put this together for the history of our nation and this Capitol. They are dedicated to all Civil War vets and all veterans of all conflicts. Thank you to everyone who contributed to this—too many to name personally. enator Colbeck’s statement is as follows: S First of all, I want to express appreciation for the message from the good Senator from the 3rd District. That’s exactly the right tone for this time of year and, frankly, throughout the year. It’s tough to remember that this is the day the Lord has made; let us rejoice and be glad, but we should be carrying that joy in our hearts each and every day. I know I find difficulty pulling that out sometimes, but I really appreciate the reminder for us to have that attitude toward life. In keeping with the season and keeping with the idea of giving back, I just want to, first of all, say thank you to all those who are giving back in the form of service in our Armed Forces and their families at this time of year. It’s very difficult this time of year when everybody’s families are supposed to be together and enjoying the season and the reason for the season, and that separation is difficult on families. I’m glad we had a recent homecoming of the 127th out of Selfridge, so a lot of those guys are back home with their families, which is really good. But there are a lot more out there who are in service and defending our freedoms. It was in that spirit that back in 2011, on November 11, 2011, at 11:11 a.m., we formed an organization called the Freedom Center out at Detroit Metro Airport, and that’s how it started. Technically, we are called the Michigan Armed Forces Hospitality Center, and the basic motto is: “Serving those who serve us.” Since that was formed back in 2011, we have had over 130,000 guests come through Detroit Metro Airport, where we treat them like royalty. This is simply a chance for them to kick back with their family in between flights, relax, and just have some downtime. Reflecting upon many of the things that the good Senator from the 3rd District was talking about—that appreciation for family, appreciation for getting home safely—it’s been a great opportunity to give back to folks who sometimes don’t get that direct appreciation. Since that point in time, we have actually extended our Freedom Center presence now to the Troy Military Entrance Processing Station. Essentially, that’s where all of the new recruits come in to turn their head and cough and take a quiz to see where they’re going to be going. A lot of times, they are being dropped off by their families, and we’re providing hospitality for them. We have also expanded and have one in Lansing, and we’re looking for volunteers. If you’re interested in volunteering, please contact me. We have the Lansing Military Entrance Processing Station, and we are still looking for volunteers to fill in some gaps in the schedule. Tomorrow is a very special day because now we are opening a second facility out at the North Terminal at Detroit Metro Airport. We will have full coverage now out at the airport in Detroit. I appreciate the idea that we’re getting out of here today as opposed to tomorrow, because I was worried I wouldn’t be able to join it. That’s a good thing that we will be able to do that. We need volunteers for that if you’re in the Southeast Michigan area as well. Bottom line is: I want to say thank you to all those who have supported the Freedom Center. I want to say thank you to all those who give us the reason for the Freedom Center and their service; not just active duty servicemen and women and their families, but also our veterans. I know we have a couple veterans here in this chamber that I want to extend a thank you to them and their families as well. With that being said, I want to wish everybody here in this chamber a very blessed and very Merry Christmas with their families, and remember that next year is a new year, and we have a lot of blessings. enator Meekhof’s statement is as follows: S I rise today to take a moment to recognize my colleagues in the Senate for their work over the past year. This was my first year as Majority Leader, and while I thought I knew what I was getting myself into, I could never have truly anticipated the challenges and rewards for leading my caucus and working with my friend on the other side of the aisle. Over the course of the past four years, the Senate has done a lot of heavy lifting. We’ve tackled issues that eluded previous legislatures and helped to pass a number of policies that put our state in a better position to support economic growth and prosperity. The 38 members of this body faced a daunting task to top the accomplishments of last session, and yet I believe we have proved that our work in Lansing is never done. There is always more we can do for our communities and our constituents. There are always ways we can improve upon existing policies and laws. This past year, we managed to pass a solid plan for long-term road funding; a problem that has lingered for nearly two decades. We reprioritized state spending to reflect the priorities of our constituents by redirecting a half billion dollars to our roads and bridges. We continued to increase funding for education and passed thoughtful legislation to ensure kids are learning the fundamentals necessary to be successful throughout their student careers. We have worked hard to improve our state education system, and our skills and commitment will be tested once again as we look forward to next year and a plan for Detroit Public Schools. We balanced our state budget this summer, well ahead of schedule for the fifth year in a row; no small feat for a state facing $1.8 billion deficit just five years ago. We drew national attention for a backlog of rape kits, and the Senate responded by funding both the processing and prosecution of those backlogged kits to bring justice to too many victims. No. 111] [December 16, 2015] JOURNAL OF THE SENATE 2059 The Senate continues to be stewards of our Great Lakes and waterways by working to combat invasive species. We continued to reduce bureaucracy and burdensome regulations in order to support our small business owners and show support for their investment in our communities. All in all, the Senate passed 439 bills in 2015. Not all were signed into law, but all were the result of an interest in making Michigan a better place. The pace will not slow in 2016. We will tackle energy, corrections, and many more issues, and I am sure we will see passionate debate and discussion. One of the most challenging parts of this job is realizing that more attention is paid to our disagreements than to our cooperation. The majority of the bills that pass this chamber do so with bipartisan support. In fact, it’s not uncommon to see 38 votes light up our board with green. Conflict is always more interesting that agreement, but at the end of the day, we all share a common interest in representing our constituents and serving our great state. As 2015 comes to a close, I would like to take a moment to recognize the hard work and dedication of my fellow Senators and their staffs, especially the staff. It is my honor to serve with you all, and it is my privilege to call you all my friends. I also want to say thank you to the Sergeants and Secretary of Senate staffs for their dedicated and hard work. This is just the first year; we have three more to go. I look forward to watching this list of accomplishments grow, and I know, as you do, that we still have much more work to be done. I want to say Happy Holidays, Merry Christmas, and my very best wishes for a happy and healthy New Year for you and your families. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 6:57 p.m. 7:44 p.m. The Senate was called to order by the President, Lieutenant Governor Calley. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 13, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 736c, 782b, 795c, 803, and 804 (MCL 168.736c, 168.782b, 168.795c, 168.803, and 168.804), section 736c as added by 2012 PA 128, section 795c as amended by 1990 PA 109, and section 803 as amended by 2004 PA 92. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The motion prevailed, a majority of the members serving voting therefor, as follows: Roll Call No. 638 Yeas—26 Booher Horn Meekhof Rocca Brandenburg Hune Nofs Schmidt Casperson Jones O’Brien Schuitmaker Colbeck Knollenberg Pavlov Shirkey Emmons Kowall Proos Stamas Hansen MacGregor Robertson Zorn Hildenbrand Marleau 2060 JOURNAL OF THE SENATE [December 16, 2015] [No. 111 Nays—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Excused—0 Not Voting—1 Green In The Chair: President enator Kowall moved that Senator Green be excused from the balance of today’s session. S The motion prevailed. enator Hood moved that the Senate adjourn. S The motion did not prevail. Senator Young requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The motion did not prevail, a majority of the members not voting therefor, as follows: Roll Call No. 639 Yeas—13 Ananich Hertel Hune Smith Bieda Hood Johnson Warren Emmons Hopgood Knezek Young Gregory Nays—24 Booher Horn Meekhof Rocca Brandenburg Jones Nofs Schmidt Casperson Knollenberg O’Brien Schuitmaker Colbeck Kowall Pavlov Shirkey Hansen MacGregor Proos Stamas Hildenbrand Marleau Robertson Zorn Excused—1 Green In The Chair: President Not Voting—0 No. 111] [December 16, 2015] JOURNAL OF THE SENATE 2061 he question being on concurring in the substitute made to the bill by the House, T Senator Hertel offered the following amendments to the substitute: 1. Amend page 4, line 15, after “Sec. 795c.” by striking out “(1)”. 2. Amend page 5, line 17, by striking out all of subsection (2). The amendments to the substitute were not adopted. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments to the substitute were not adopted, a majority of the members not voting therefor, as follows: Roll Call No. 640 Yeas—15 Ananich Hertel Knezek Warren Bieda Hood Rocca Young Colbeck Hopgood Schuitmaker Zorn Gregory Johnson Smith Nays—22 Booher Horn Marleau Proos Brandenburg Hune Meekhof Robertson Casperson Jones Nofs Schmidt Emmons Knollenberg O’Brien Shirkey Hansen Kowall Pavlov Stamas Hildenbrand MacGregor Excused—1 Green Not Voting—0 In The Chair: President Senator Knezek offered the following amendment to the substitute: 1. Amend page 8, following line 14, by inserting: “Enacting section 2. This amendatory act does not take effect unless House Bill No. 5114 of the 98th Legislature is enacted into law.”. The question being on the adoption of the amendment, Call of the Senate enator Kowall moved that there be a Call of the Senate. S The motion prevailed, a majority of the members voting therefor, the time being 8:06 p.m. Senator Hansen requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The motion prevailed, a majority of the members voting therefor, as follows: 2062 Roll Call No. 641 JOURNAL OF THE SENATE [December 16, 2015] [No. 111 Yeas—25 Booher Hune Meekhof Rocca Casperson Jones Nofs Schmidt Colbeck Knollenberg O’Brien Schuitmaker Emmons Kowall Pavlov Shirkey Hansen MacGregor Proos Stamas Hildenbrand Marleau Robertson Zorn Horn Nays—12 Ananich Gregory Bieda Hertel Brandenburg Hood Hopgood Smith Johnson Warren Knezek Young Excused—1 Green Not Voting—0 In The Chair: President Proceedings under the Call The roll was called by the Secretary of the Senate and the following Senator was reported absent: Senator Green. enator Kowall moved that Senator Green be excused from the balance of today’s session. S The motion prevailed. Point of Order enator Hood raised the Point of Order of whether a motion was in order to excuse a member under a Call of the Senate. S The President, Lieutenant Governor Calley, ruled that pursuant to Rule 3.313, the motion was in order. Senator Hood appealed the decision of the Chair. The question being shall the decision of the Chair stand as the judgment of the Senate, The decision of the Chair stood as the judgment of the Senate, a majority of the members voting therefor. enator Kowall moved that staff be removed from the Senate floor, except the staff of the majority leadership. S The motion prevailed. he question being on the adoption of the amendment offered by Senator Knezek, T Senator Kowall requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment to the substitute was not adopted, a majority of the members not voting therefor, as follows: No. 111] Roll Call No. 642 [December 16, 2015] JOURNAL OF THE SENATE Yeas—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Nays—27 Booher Horn Meekhof Schmidt Brandenburg Hune Nofs Schuitmaker Casperson Jones O’Brien Shirkey Colbeck Knollenberg Pavlov Smith Emmons Kowall Proos Stamas Hansen MacGregor Robertson Zorn Hildenbrand Marleau Rocca Excused—1 Green Not Voting—0 In The Chair: President Senator Robertson offered the following amendment to the substitute: 1. Amend page 8, line 12, by striking out all of enacting section 1. The amendment to the substitute was adopted. Senator Kowall requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment to the substitute was adopted, a majority of the members voting therefor, as follows: Roll Call No. 643 Yeas—20 Booher Horn Meekhof Robertson Brandenburg Jones Nofs Schuitmaker Casperson Knollenberg O’Brien Shirkey Hansen Kowall Pavlov Smith Hildenbrand Marleau Proos Stamas Nays—17 Ananich Hertel Johnson Schmidt Bieda Hood Knezek Warren Colbeck Hopgood MacGregor Young Emmons Hune Rocca Zorn Gregory 2063 2064 JOURNAL OF THE SENATE [December 16, 2015] [No. 111 Excused—1 Green Not Voting—0 In The Chair: President enator Kowall moved that the following pending amendments be considered en bloc: S Senator Bieda offered the following amendment to the substitute: 1. Amend page 8, following line 14, by inserting: “Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 58 of the 98th Legislature is enacted into law.”. Senator Bieda offered the following amendment to the substitute: 1. Amend page 8, following line 14, by inserting: “Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 59 of the 98th Legislature is enacted into law.”. Senator Ananich offered the following amendment to the substitute: 1. Amend page 8, following line 14, by inserting: “Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 60 of the 98th Legislature is enacted into law.”. Senator Bieda offered the following amendment to the substitute: 1. Amend page 8, following line 14, by inserting: “Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 61 of the 98th Legislature is enacted into law.”. Senator Warren offered the following amendment to the substitute: 1. Amend page 8, following line 14, by inserting: “Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 89 of the 98th Legislature is enacted into law.”. Senator Ananich offered the following amendment to the substitute: 1. Amend page 8, following line 14, by inserting: “Enacting section 2. This amendatory act does not take effect unless House Bill No. 4816 of the 98th Legislature is enacted into law.”. Senator Young offered the following amendment to the substitute: 1. Amend page 8, following line 14, by inserting: “Enacting section 2. This amendatory act does not take effect unless House Joint Resolution EE of the 98th Legislature is enacted into law.”. The motion prevailed. Senator Ananich requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The motion prevailed, a majority of the members voting therefor, as follows: Roll Call No. 644 Yeas—27 Booher Horn Brandenburg Hune Casperson Jones Meekhof Schmidt Nofs Schuitmaker O’Brien Shirkey No. 111] [December 16, 2015] JOURNAL OF THE SENATE 2065 Colbeck Knollenberg Pavlov Smith Emmons Kowall Proos Stamas Hansen MacGregor Robertson Zorn Hildenbrand Marleau Rocca Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Excused—1 Green Not Voting—0 In The Chair: President Senator Kowall moved that the previous question be ordered on the adoption of all pending amendments and concurring in the House substitute. The motion prevailed. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The motion prevailed, a majority of the members voting therefor, as follows: Roll Call No. 645 Yeas—26 Booher Horn Meekhof Rocca Brandenburg Hune Nofs Schmidt Casperson Jones O’Brien Schuitmaker Colbeck Knollenberg Pavlov Shirkey Emmons Kowall Proos Stamas Hansen MacGregor Robertson Zorn Hildenbrand Marleau Nays—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Excused—1 Green 2066 JOURNAL OF THE SENATE [December 16, 2015] [No. 111 Not Voting—0 In The Chair: President he question being on the adoption of the pending amendments en bloc, T The amendments to the substitute were not adopted. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments to the substitute were not adopted, a majority of the members not voting therefor, as follows: Roll Call No. 646 Yeas—11 Ananich Gregory Bieda Hertel Brandenburg Hood Hopgood Warren Johnson Young Knezek Nays—26 Booher Hune Nofs Schmidt Casperson Jones O’Brien Schuitmaker Colbeck Knollenberg Pavlov Shirkey Emmons Kowall Proos Smith Hansen MacGregor Robertson Stamas Hildenbrand Marleau Rocca Zorn Horn Meekhof Excused—1 Green Not Voting—0 In The Chair: President he question being on concurring in the House substitute as amended, T The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 647 Yeas—24 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Jones Nofs Schuitmaker Colbeck Knollenberg O’Brien Shirkey Emmons Kowall Pavlov Stamas Hansen MacGregor Proos Zorn No. 111] [December 16, 2015] JOURNAL OF THE SENATE Nays—13 Ananich Hood Johnson Smith Bieda Hopgood Knezek Warren Gregory Hune Rocca Young Hertel Excused—1 Green Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The recommendation was concurred in, 2/3 of the members serving voting therefor, as follows: Roll Call No. 648 Yeas—27 Booher Horn Meekhof Schmidt Brandenburg Hune Nofs Schuitmaker Casperson Jones O’Brien Shirkey Colbeck Knollenberg Pavlov Smith Emmons Kowall Proos Stamas Hansen MacGregor Robertson Zorn Hildenbrand Marleau Rocca Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Excused—1 Green Not Voting—0 In The Chair: President The Senate agreed to the full title. 2067 2068 JOURNAL OF THE SENATE [December 16, 2015] [No. 111 Protests Senators Bieda, Hertel and Young, under their constitutional right of protest (Art. 4, Sec. 18), protested against the concurring in the House substitute for Senate Bill No. 13. Senator Bieda’s statement is as follows: Tonight, in one of the ugliest episodes of the majority trampling on the rights of voters that I have seen in my time in the Legislature, you have not only kicked out individual staff members, but you have locked us in this room, put this bill up at the last minute, and then you consolidated all the amendments and restricted the rights of elected officials to vote on them. I hope you look into your consciences and can live with yourselves. Straight-ticket voting has its place in this state. We have a long ballot. People have the convenience of voting the way they want to vote. You shouldn’t be going in and micromanaging how they are going to vote. This episode today is so embarrassing in how this Senate and the majority party are handling themselves that you really truly should be ashamed. This is really disgusting. You restrict the ability for people to speak on an amendment. It wouldn’t have cost you much if you had stayed an extra half hour or so to at least listen to a debate. But, no, you decided to cut it off. This is a big disregard to all those voters who sent each one of us up here. They would be ashamed to see this tonight. You have to be honest. When you are dealing in this Legislature, you have to be transparent. You are fighting that. You are doing all the worse things that you see in some fascist dictatorship. This is not something you do in a constitutional representative democracy. I am really disgusted. I can’t tell you how angry I am. I think when we look at some of these issues that come up every day, you have to ask yourself, are you doing the right thing for voters or for your party? You have to ask yourself if you are being honest to yourself as an individual who swore to uphold the Constitution, or are you trying to subvert it? You have to ask yourself if you believe in free elections, or do you want to game the system to make that system somehow give you an advantage? Tonight is, boy, a classic example of disgust. I can’t say enough bad things about it. I will tell you one thing: I hope that the voters recognize this, and I hope that they look at who voted to shove this down their throats and look at who voted to restrict a constitutional right for members to speak on something. We all disagree on stuff, and we have disagreed on things in the past, but I have never seen such a restriction on the rights of duly-elected officials to speak their minds on an issue. You really should be ashamed of yourselves. This is just one of the reasons I have voted “no” on the Donald Trump bill. enator Hertel’s statement, in which Senator Young concurred, is as follows: S Well, I guess my colleagues on the other side of the aisle really enjoy irony, because the reason we were told this bill was important was so that people wouldn’t make strong partisan decisions, and that is what everybody in this room just did. We were told that people should take the time to go line by line and consider each vote, and then you, in the idea of expediency, threw all of our amendments into one vote for yourselves. So I guess you guys get a straight ticket. So that’s fine. Merry Christmas to the rest of us in this state. You know, you sat up here and talked about bipartisanship, the Christmas time, spending time with our families, and the strong work that we’ve done together, and then you rip that apart in one minute. Taking our staff off the floor, preventing us of our constitutional rights—I thought you guys were constitutionalists. Does that not fall on any of your ears? Are you not listening? I hope the people are listening. I hope the people get to see how you guys did this tonight. I hope the people get to see that you forced us to put all these amendments into one vote, and you won’t give them the same opportunity. Everyone in this room should be embarrassed. You should be ashamed. I thought that a lot of us had better relationships than this, but I guess I was wrong. We’ve worked together on a lot of issues, and I thought we would at least have the respect for each other to listen to each other’s arguments; the respect for each other to consider each other’s amendments. I know a lot of you served in the House. I didn’t, but I thought the Senate was better than this. Apparently, I was wrong. Senators Hertel and Knezek asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Hertel’s statement is as follows: Colleagues, tonight I want to talk to you about money—$5 million, in fact. If you really wanted to treat yourself, $5 million would buy a mansion or a luxury yacht. It could also cover tuition for 357 freshmen at MSU next year or prescription drugs for 415,000 seniors. That money could purchase 140,000 Christmas dinners for needy families or 250,000 toys for children who would otherwise wake up on Christmas morning with nothing under the tree. I have an active imagination, colleagues, and I can think of a lot of ways we could use $5 million to help people in this state. But this chamber seems a lot less creative and a lot more sinister, because many of you would rather spend $5 million to purchase an insurance policy against the will of the people. We need to call this appropriation what it really is—a blatant attempt to shield bad policy from a voter referendum. No. 111] [December 16, 2015] JOURNAL OF THE SENATE 2069 On our first day of session—we just recalled our first day of session in speeches before you guys went back in the caucus room—we promised to work together, to push for bipartisan policies that would empower our citizens and make their lives better. We’re here to serve the people, not ourselves, not our parties, and not take away their power or waste their money for our own political gain. Colleagues, I strongly encourage you to vote “yes” for my amendment to Senate Bill No. 13. Trust that your legislation has the legs to stand on its own, and strip away the appropriation. enator Knezek’s statement is as follows: S Colleagues, I rise today to offer an amendment that tie-bars Senate Bill No. 13 to House Bill No. 5114. House Bill No. 5114 would make Election Day a state holiday here in the state of Michigan, and it would encourage employers to provide a half day of paid leave so that each and every one of their employees can exercise their civil liberties. I think that it’s unfortunate that my colleagues want to try to eliminate straight-ticket voting simply because it is their belief that Michigan voters will then be able to make a more educated decision when they visit the polls. But, to my colleagues here in the Senate, I also believe that we need to respect the time of those individuals who want to actually participate in our elections, the voters who want to make it to the polls. It is my belief, colleagues, that we must give these citizens every available opportunity to not only cast their vote, but to also become active citizens. So I would simply ask my colleagues to consider the voter turnout that we currently have here in the state of Michigan. If I could use one word to describe voter turnout in our state, that word, Mr. President, would be “abysmal.” If you look to the year 2014, only 17.4 percent of eligible voters turned out, nearly one-fifth of all eligible voters. We are failing to engage our electorate. We are failing to provide them with the kind of access that they want and need, Mr. President. We can do better. Making Election Day a state holiday will show to our constituents just how incredibly dedicated we are and that we value their input. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 8:48 p.m. 10:18 p.m. The Senate was called to order by the President, Lieutenant Governor Calley. By unanimous consent the Senate returned to the order of Resolutions ouse Concurrent Resolution No. 19. H A concurrent resolution providing for the final adjournment of the Legislature. Resolved by the House of Representatives (the Senate concurring), That when the House of Representatives adjourns on Thursday, December 17, 2015, it stands adjourned until Friday, December 18, 2015, at 11:45 a.m.; and be it further Resolved, That when the Senate adjourns on Wednesday, December 16, 2015, it stands adjourned until Friday, December 18, 2015, at 11:45 a.m.; and be it further Resolved, That when the Legislature adjourns on Friday, December 18, 2015, it stands adjourned without day. The House of Representatives has adopted the concurrent resolution. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The concurrent resolution was adopted. By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that, pursuant to rule 1.114, upon receipt of Senate bills returned from the House of Repre­ sentatives, the Secretary of the Senate be directed to proceed with the enrollment printing and presentation of the bills to the Governor. The motion prevailed. 2070 JOURNAL OF THE SENATE [December 16, 2015] [No. 111 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:20 p.m. 10:39 p.m. The Senate was called to order by the President, Lieutenant Governor Calley. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 13, entitled A bill to amend 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending sections 736c, 782b, 795c, 803, and 804 (MCL 168.736c, 168.782b, 168.795c, 168.803, and 168.804), section 736c as added by 2012 PA 128, section 795c as amended by 1990 PA 109, and section 803 as amended by 2004 PA 92. The House of Representatives has concurred in the Senate amendment to the House substitute (H-2). The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 571, entitled A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 3, 6, and 55 (MCL 169.203, 169.206, and 169.255), section 3 as amended by 2012 PA 273 and sections 6 and 55 as amended by 2013 PA 252. The House of Representatives has substituted (H-3) the bill. The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1976 PA 388, entitled “An act to regulate political activity; to regulate campaign financing; to restrict campaign contributions and expenditures; to require campaign statements and reports; to regulate anonymous contri­ butions; to regulate campaign advertising and literature; to provide for segregated funds for political purposes; to provide for the use of public funds for political purposes; to create certain funds; to provide for reversion, retention, or refunding of unexpended balances in certain funds; to require other statements and reports; to regulate acceptance of certain gifts, payments, and reimbursements; to prescribe the powers and duties of certain state departments and state and local officials and employees; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts,” by amending sections 4, 6, 9, 10, 15, 21, 24, 33, 35, 47, 52, 54, 55, and 57 (MCL 169.204, 169.206, 169.209, 169.210, 169.215, 169.221, 169.224, 169.233, 169.235, 169.247, 169.252, 169.254, 169.255, and 169.257), sections 4, 6, 33, 47, 52, and 55 as amended by 2013 PA 252, section 9 as amended by 2012 PA 275, section 15 as amended by 2012 PA 277, section 21 as amended by 1989 PA 95, section 24 as amended by 1999 PA 237, section 35 as amended by 2012 PA 273, section 54 as amended by 1995 PA 264, and section 57 as amended by 2012 PA 31. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, Senator Knezek offered the following amendment to the substitute: 1. Amend page 53, following line 23, by inserting: “Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 224 of the 98th Legislature is enacted into law.”. The amendment to the substitute was not adopted. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment to the substitute was not adopted, a majority of the members not voting therefor, as follows: No. 111] Roll Call No. 649 Ananich Bieda Gregory [December 16, 2015] JOURNAL OF THE SENATE Yeas—12 Hertel Hood Hopgood Johnson Rocca Jones Warren Knezek Young Nays—25 Booher Horn Meekhof Schmidt Brandenburg Hune Nofs Schuitmaker Casperson Knollenberg O’Brien Shirkey Colbeck Kowall Pavlov Smith Emmons MacGregor Proos Stamas Hansen Marleau Robertson Zorn Hildenbrand Excused—1 Green Not Voting—0 In The Chair: President Senator Hertel offered the following substitute to the House substitute: Substitute (S-1). The substitute to the substitute was not adopted. Senator Kowall requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The substitute to the substitute was not adopted, a majority of the members not voting therefor, as follows: Roll Call No. 650 Yeas—12 Ananich Hertel Johnson Smith Bieda Hood Knezek Warren Gregory Hopgood Rocca Young Nays—25 Booher Horn Marleau Robertson Brandenburg Hune Meekhof Schmidt Casperson Jones Nofs Schuitmaker Colbeck Knollenberg O’Brien Shirkey Emmons Kowall Pavlov Stamas Hansen MacGregor Proos Zorn Hildenbrand 2071 2072 JOURNAL OF THE SENATE [December 16, 2015] [No. 111 Excused—1 Green Not Voting—0 In The Chair: President Senator Bieda offered the following amendment to the substitute: 1. Amend page 53, following line 23, by inserting: “Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 194 of the 98th Legislature is enacted into law.”. The amendment to the substitute was not adopted. Senator Kowall requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment to the substitute was not adopted, a majority of the members not voting therefor, as follows: Roll Call No. 651 Ananich Bieda Gregory Yeas—12 Hertel Hood Hopgood Johnson Rocca Jones Warren Knezek Young Nays—25 Booher Horn Meekhof Schmidt Brandenburg Hune Nofs Schuitmaker Casperson Knollenberg O’Brien Shirkey Colbeck Kowall Pavlov Smith Emmons MacGregor Proos Stamas Hansen Marleau Robertson Zorn Hildenbrand Excused—1 Green Not Voting—0 In The Chair: President Senator Bieda offered the following amendments to the substitute: 1. Amend page 37, line 6, by striking out all of subdivision (B). 2. Amend page 37, line 21, after “subsection (4).” by striking out the balance of the subsection. The amendments to the substitute were not adopted. Senator Kowall requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments to the substitute were adopted, a majority of the members voting therefor, as follows: No. 111] Roll Call No. 652 [December 16, 2015] JOURNAL OF THE SENATE 2073 Yeas—19 Ananich Hertel Jones Schuitmaker Bieda Hood Knezek Smith Casperson Hopgood Nofs Warren Emmons Hune O’Brien Young Gregory Johnson Rocca Nays—18 Booher Horn Meekhof Schmidt Brandenburg Knollenberg Pavlov Shirkey Colbeck Kowall Proos Stamas Hansen MacGregor Robertson Zorn Hildenbrand Marleau Excused—1 Green Not Voting—0 In The Chair: President Senator Young offered the following amendment to the substitute: 1. Amend page 1, following “THE PEOPLE OF THE STATE OF MICHIGAN ENACT:” by striking out the balance of the bill and inserting: “Sec. 9. (1) “Incidental expense” means an expenditure that is an ordinary and necessary expense, paid or incurred in carrying out the business of an elective office. Incidental expense includes, but is not limited to, any of the following: (a) A disbursement necessary to assist, serve, or communicate with a constituent. (b) A disbursement for equipment, furnishings, or supplies for the office of the public official. (c) A disbursement for a district office if the district office is not used for campaign-related activity. (d) A disbursement for the public official or his or her staff, or both, to attend a conference, meeting, reception, or other similar event. (e) A disbursement to maintain a publicly owned residence or a temporary residence at the seat of government. (f) An unreimbursed disbursement for travel, lodging, meals, or other expenses incurred by the public official, a member of the public official’s immediate family, or a member of the public official’s staff in carrying out the business of the elective office. (g) A donation to a tax-exempt charitable organization, including the purchase of tickets to charitable or civic events. (h) A disbursement to a ballot question committee. (i) A purchase of tickets for use by that public official and members of his or her immediate family and staff to a fund-raising event sponsored by a candidate committee, independent committee, political party committee, or a political committee that does not exceed $100.00 per committee in any calendar year. (j) A disbursement for an educational course or seminar that maintains or improves skills employed by the public official in carrying out the business of the elective office. (k) A purchase of advertisements in testimonials, program books, souvenir books, or other publications if the advertisement does not support or oppose the nomination or election of a candidate. (l) A disbursement for consultation, research, polling, and photographic services not related to a campaign. (m) A fee paid to a fraternal, veteran, or other service organization. (n) A payment of a tax liability incurred as a result of authorized transactions by the candidate committee of the public official. 2074 JOURNAL OF THE SENATE [December 16, 2015] [No. 111 ( o) A fee for accounting, professional, or administrative services for the candidate committee of the public official. (p) A debt or obligation incurred by the candidate committee of a public official for a disbursement authorized by subdivisions (a) to (o), if the debt or obligation was reported in the candidate committee report filed for the year in which the debt or obligation arose. (2) “Independent expenditure” means an expenditure by a person if the expenditure is not made at the direction of, or under the control of, another person and if the expenditure is not a contribution to a committee. (3) “INDEPENDENT EXPENDITURE COMMITTEE” MEANS A COMMITTEE THAT RECEIVES CONTRIBUTIONS AND MAKES INDEPENDENT EXPENDITURES UNDER THIS ACT. (4) (3) “In-kind contribution or expenditure” means a contribution or expenditure other than money. (5) (4) “Loan” means a transfer of money, property, or anything of ascertainable monetary value in exchange for an obligation, conditional or not, to repay in whole or part. (6) (5) “Local elective office” means an elective office at the local unit of government level. Local elective office also includes judge of the court of appeals, judge of the circuit court, judge of the recorder’s court of the city of Detroit, judge of the district court, judge of the probate court, and judge of a municipal court. (7) (6) “Local unit of government” means a district, authority, county, city, village, township, board, school district, intermediate school district, or community college district. Sec. 15. (1) The secretary of state shall do all of the following: (a) Make available through his or her offices, and furnish to county clerks, appropriate forms, instructions, and manuals required by this act. (b) Develop a filing, coding, and cross-indexing system for the filing of required reports and statements consistent with this act, and supervise the implementation of the filing systems by the clerks of the counties. (c) Receive all statements and reports required by this act to be filed with the secretary of state. (d) Prepare forms, instructions, and manuals required under this act. (e) Promulgate rules and issue declaratory rulings to implement this act in accordance with the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. (f) Upon receipt of a written request and the required filing, waive payment of a late filing fee if the request for the waiver is based on good cause and accompanied by adequate documentation. One or more of the following reasons constitute good cause for a late filing fee waiver: (i) The incapacitating physical illness, hospitalization, accident involvement, death, or incapacitation for medical reasons of a person required to file, a person whose participation is essential to the preparation of the statement or report, or a member of the immediate family of these persons. (ii) Other unique, unintentional factors beyond the filer’s control not stemming from a negligent act or nonaction so that a reasonably prudent person would excuse the filing on a temporary basis. These factors include the loss or unavailability of records due to a fire, flood, theft, or similar reason and difficulties related to the transmission of the filing to the filing official, such as exceptionally bad weather or strikes involving transportation systems. (G) WITHIN 14 DAYS AFTER A GENERAL NOVEMBER ELECTION, PREPARE AND MAKE AVAILABLE TO THE PUBLIC A REPORT OF ALL OF THE FOLLOWING: (i) THE TOTAL AMOUNT OF MONEY RAISED BY POLITICAL COMMITTEES SINCE THE LAST GENERAL NOVEMBER ELECTION. (ii) THE TOTAL AMOUNT OF MONEY SPENT BY POLITICAL COMMITTEES SINCE THE LAST GENERAL NOVEMBER ELECTION. (iii) THE TOTAL AMOUNT OF MONEY RAISED BY INDEPENDENT EXPENDITURE COMMITTEES SINCE THE LAST GENERAL NOVEMBER ELECTION. (iv) THE TOTAL AMOUNT OF MONEY SPENT BY INDEPENDENT EXPENDITURE COMMITTEES SINCE THE LAST GENERAL NOVEMBER ELECTION. (v) THE TOTAL AMOUNT OF MONEY RAISED BY INDEPENDENT COMMITTEES SINCE THE LAST GENERAL NOVEMBER ELECTION. (vi) THE TOTAL AMOUNT OF MONEY SPENT BY INDEPENDENT COMMITTEES SINCE THE LAST GENERAL NOVEMBER ELECTION. (2) A declaratory ruling shall be issued under this section only if the person requesting the ruling has provided a reasonably complete statement of facts necessary for the ruling or if the person requesting the ruling has, with the permission of the secretary of state, supplied supplemental facts necessary for the ruling. A request for a declaratory ruling that is submitted to the secretary of state shall be made available for public inspection within 48 hours after its receipt. An interested person may submit written comments regarding the request to the secretary of state within 10 business days after the date the request is made available to the public. Within 45 business days after receiving a declaratory ruling request, the secretary of state shall make a proposed response available to the public. An interested person may submit written comments regarding the proposed response to the secretary of state within 5 business days after the date the proposal is made available to the public. Except as otherwise provided in this section, the secretary of state shall issue a declaratory ruling within 60 business days after a request for a declaratory ruling is received. If the secretary of state No. 111] [December 16, 2015] JOURNAL OF THE SENATE 2075 refuses to issue a declaratory ruling, the secretary of state shall notify the person making the request of the reasons for the refusal and shall issue an interpretative statement providing an informational response to the question presented within the same time limitation applicable to a declaratory ruling. A declaratory ruling or interpretative statement issued under this section shall not state a general rule of law, other than that which is stated in this act, until the general rule of law is promulgated by the secretary of state as a rule under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, or under judicial order. (3) Under extenuating circumstances, the secretary of state may issue a notice extending for not more than 30 business days the period during which the secretary of state shall respond to a request for a declaratory ruling. The secretary of state shall not issue more than 1 notice of extension for a particular request. A person requesting a declaratory ruling may waive, in writing, the time limitations provided by this section. (4) The secretary of state shall make available to the public an annual summary of the declaratory rulings and interpretative statements issued by the secretary of state. (5) A person may file with the secretary of state a complaint that alleges a violation of this act. Within 5 business days after a complaint that meets the requirements of subsection (6) is filed, the secretary of state shall give notice to the person against whom the complaint is filed. The notice shall include a copy of the complaint. Within 15 business days after this notice is mailed, the person against whom the complaint was filed may submit A RESPONSE to the secretary of state. a response. The secretary of state may extend the period for submitting a response an additional 15 business days for good cause. The secretary of state shall provide a copy of a response received to the complainant. Within 10 business days after the response is mailed, the complainant may submit A REBUTTAL STATEMENT to the secretary of state. a rebuttal statement. The secretary of state may extend the period for submitting a rebuttal statement an additional 10 business days for good cause. The secretary of state shall provide a copy of the rebuttal statement to the person against whom the complaint was filed. (6) A complaint FILED under subsection (5) shall satisfy all of the following requirements: (a) Be signed by the complainant. (b) State the name, address, and telephone number of the complainant. (c) Include the complainant’s certification that, to the best of the complainant’s knowledge, information, and belief, formed after a reasonable inquiry under the circumstances, each factual contention of the complaint is supported by evidence. However, if, after a reasonable inquiry under the circumstances, the complainant is unable to certify that certain factual contentions are supported by evidence, the complainant may certify that, to the best of his or her knowledge, information, or belief, there are grounds to conclude that those specifically identified factual contentions are likely to be supported by evidence after a reasonable opportunity for further inquiry. (7) The secretary of state shall develop a form that satisfies the requirements of subsection (6) and may be used for the filing of complaints. (8) A person who files a complaint with a false certificate under subsection (6)(c) is responsible for a civil violation of this act. A person may file a complaint under subsection (5) alleging that another person has filed a complaint with a false certificate under subsection (6)(c). (9) The secretary of state shall investigate the allegations under the rules promulgated under this act. If the violation involves the secretary of state, the immediate family of the secretary of state, or a campaign or committee with which the secretary of state is connected, directly or indirectly, the secretary of state shall refer the matter to the attorney general to determine whether a violation of this act has occurred. (10) No later than 60 business days after receipt of a rebuttal statement submitted under subsection (5), or if no response or rebuttal is received under subsection (5), the secretary of state shall post on the secretary of state’s internet INTERNET website whether or not there may be reason to believe that a violation of this act has occurred. If the secretary of state determines that there may be reason to believe that a violation of this act occurred, the secretary of state shall, within 30 days of that determination, post on the secretary of state’s internet INTERNET website any complaint, response, or rebuttal statement received under subsection (5) regarding that violation and any correspondence regarding that violation between the secretary of state and the complainant or the person against whom the complaint was filed. If the secretary of state determines that there may be reason to believe that a violation of this act occurred, the secretary of state shall endeavor to correct the violation or prevent a further violation by using informal methods such as a conference, conciliation, or persuasion, and may enter into a conciliation agreement with the person involved. Unless violated, a conciliation agreement is a complete bar to any further civil or criminal action with respect to matters covered in the conciliation agreement. The secretary of state shall, within 30 days after a conciliation agreement is signed, post that agreement on the secretary of state’s internet INTERNET website. If, after 90 business days, the secretary of state is unable to correct or prevent further violation by these informal methods, the secretary of state shall do either of the following: (a) Refer the matter to the attorney general for the enforcement of any criminal penalty provided by this act. (b) Commence a hearing as provided in subsection (11) for enforcement of any civil violation. (11) The secretary of state may commence a hearing to determine whether a civil violation of this act has occurred. The hearing shall be conducted in accordance with the procedures set forth in chapter 4 of the administrative procedures 2076 JOURNAL OF THE SENATE [December 16, 2015] [No. 111 act of 1969, 1969 PA 306, MCL 24.271 to 24.287. If after a hearing the secretary of state determines that a violation of this act has occurred, the secretary of state may issue an order requiring the person to pay a civil fine equal to triple the amount of the improper contribution or expenditure plus not more than $1,000.00 for each violation. (12) A final decision and order issued by the secretary of state is subject to judicial review as provided by chapter 6 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.301 to 24.306. The secretary of state shall deposit a civil fine imposed under this section in the general fund. The secretary of state may bring an action in circuit court to recover the amount of a civil fine. (13) When a report or statement is filed under this act, the secretary of state shall review the report or statement and may investigate an apparent violation of this act under the rules promulgated under this act. If the secretary of state determines that there may be reason to believe a violation of this act has occurred and the procedures prescribed in subsection (10) have been complied with, the secretary of state may refer the matter to the attorney general for the enforcement of a criminal penalty provided by this act, or commence a hearing under subsection (11) to determine whether a civil violation of this act has occurred. (14) No later than 60 business days after a matter is referred to the attorney general for enforcement of a criminal penalty, the attorney general shall determine whether to proceed with enforcement of that penalty. (15) Unless otherwise specified in this act, a person who violates a provision of this act is subject to a civil fine of not more than $1,000.00 for each violation. A civil fine is in addition to, but not limited by, a criminal penalty prescribed by this act. (16) In addition to any other sanction provided for by this act, the secretary of state may require a person who files a complaint with a false certificate under subsection (6)(c) to do either or both of the following: (a) Pay to the secretary of state some or all of the expenses incurred by the secretary of state as a direct result of the filing of the complaint. (b) Pay to the person against whom the complaint was filed some or all of the expenses, including, but not limited to, reasonable attorney fees incurred by that person in proceedings under this act as a direct result of the filing of the complaint. (17) Except as otherwise provided in section 57, there is no private right of action, either in law or in equity, under this act. Except as otherwise provided in section 57, the remedies provided in this act are the exclusive means by which this act may be enforced and by which any harm resulting from a violation of this act may be redressed. The criminal penalties provided by this act may only be enforced by the attorney general and only upon referral by the secretary of state as provided under subsection (10) or (13). (18) The secretary of state may waive the filing of a campaign statement required under section 33, 34, or 35 if the closing date of the particular campaign statement falls on the same or a later date as the closing date of the next campaign statement filed by the same person, or if the period that would be otherwise covered by the next campaign statement filed by the same person is 10 days or less. (19) The clerk of each county shall do all of the following: (a) Make available through the county clerk’s office the appropriate forms, instructions, and manuals required by this act. (b) Under the supervision of the secretary of state, implement the filing, coding, and cross-indexing system prescribed for the filing of reports and statements required to be filed with the county clerk’s office. (c) Receive all statements and reports required by this act to be filed with the county clerk’s office. (d) Upon written request, waive the payment of a late filing fee if the request for a waiver is based on good cause as prescribed in subsection (1)(f). Sec. 24. (1) A committee shall file a statement of organization with the filing officials designated in section 36 to receive the committee’s campaign statements. A COMMITTEE SHALL FILE A statement of organization shall be filed within 10 days after a THE committee is formed. A filing official shall maintain a statement of organization filed by a committee until 5 years after the official date of the committee’s dissolution. A person who fails to file a statement of organization required by this subsection shall pay a late filing fee of $10.00 for each business day the statement remains not filed in violation of this subsection. The late filing fee shall not exceed $300.00. A person who violates this subsection by failing to file for more than 30 days after a statement of organization is required to be filed is guilty of a misdemeanor punishable by a fine of not more than $1,000.00. (2) The statement of organization required by TO BE FILED UNDER subsection (1) shall include the following information: (a) The name, street address, and if available, the telephone number of the committee. If a committee is a candidate committee, the committee name shall include the first and last name of the candidate. A committee address may be the home address of the candidate or treasurer of the committee. (b) The name, street address, and if available, the telephone number of the treasurer or other individual designated as responsible for the committee’s record keeping, report preparation, or report filing. (c) The name and address of the financial institution in which the official committee depository is or is intended to be located, and the name and address of each financial institution in which a secondary depository is or is intended to be located. No. 111] [December 16, 2015] JOURNAL OF THE SENATE 2077 (d) The full name of the office being sought by, including district number or jurisdiction, and the county residence of each candidate supported or opposed by the committee. (e) A brief statement identifying the substance of each ballot question supported or opposed by the committee. If the ballot question supported or opposed by the committee is not statewide, the committee shall identify the county in which the greatest number of registered voters eligible to vote on the ballot question reside. (f) Identification of the committee as a candidate committee, political party committee, independent committee, INDEPENDENT EXPENDITURE COMMITTEE, political committee, or ballot question committee if it is identifiable as such a committee. (3) An independent committee, INDEPENDENT EXPENDITURE COMMITTEE, or political committee shall include in the name of the committee the name of the person or persons that sponsor the committee, if any, or with whom the committee is affiliated. A person, other than an individual or a committee, sponsors or is affiliated with an independent committee or political committee if that person establishes, directs, controls, or financially supports the administration of the committee. For the purposes of this subsection, a person does not financially support the administration of a committee by merely making a contribution to the committee. (4) If any of the information required in a statement of organization is changed, the committee shall file an amendment when the next campaign statement is required to be filed. An independent committee or political committee whose name does not include the name of the person or persons that sponsor the committee or with whom the committee is affiliated as required by subsection (3) shall file an amendment to the committee’s statement of organization not later than the date the next campaign statement is required to be filed after the effective date of the amendatory act that added this sentence. (5) When filing a statement of organization, a committee, other than an independent committee, AN INDEPENDENT EXPENDITURE COMMITTEE, a political committee, or a political party committee, may indicate in a written statement signed by the treasurer of the committee that the committee does not expect for each election to receive an amount in excess of $1,000.00 or expend an amount in excess of $1,000.00. (6) When filing a statement of organization, an independent committee, AN INDEPENDENT EXPENDITURE COMMITTEE, a political committee, or a political party committee may indicate in a written statement signed by the treasurer of the committee that the committee does not expect in a calendar year to receive or expend an amount in excess of $1,000.00. (7) Upon the dissolution of a committee, the committee shall file a statement indicating dissolution with the filing officials with whom the committee’s statement of organization was filed. Dissolution of a committee shall be accomplished pursuant to rules promulgated by the secretary of state under the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. (8) A candidate committee that files a written statement pursuant to UNDER subsection (5) shall IS not be required to file a dissolution statement pursuant to UNDER subsection (7) if the committee failed to receive or expend an amount in excess of $1,000.00 and 1 of the following applies: (a) The candidate was defeated in an election and has no outstanding campaign debts or assets. (b) The candidate vacates an elective office and has no outstanding campaign debts or assets. Sec. 26. (1) A campaign statement of a committee, other than a political party committee, required by this act shall contain all of the following information: (a) The filing committee’s name, address, and telephone number, and the full name, residential and business addresses, and telephone numbers of the committee treasurer or other individual designated as responsible for the committee’s record keeping, report preparation, or report filing. (b) Under the heading “receipts”, the total amount of contributions received during the period covered by the campaign statement; under the heading “expenditures”, the total amount of expenditures made during the period covered by the campaign statement; and the cumulative amount of those totals. Forgiveness of a loan shall not be included in the totals. Payment of a loan by a third party shall be recorded and reported as an in-kind contribution by the third party. In-kind contributions or expenditures shall be listed at fair market value and shall be reported as both contributions and expenditures. A contribution or expenditure that is by other than completed and accepted payment, gift, or other transfer, that is clearly not legally enforceable, and that is expressly withdrawn or rejected and returned before a campaign statement closing date need not be included in the campaign statement and if included may, in a later or amended statement, be shown as a deduction, but the committee shall keep adequate records of each instance. (c) The balance of cash on hand at the beginning and the end of the period covered by the campaign statement. (d) The following information regarding each fund-raising event shall be included in the report: (i) The type of event, date held, address and name, if any, of the place where the activity was held, and approximate number of individuals participating or in attendance. (ii) The total amount of all contributions. (iii) The gross receipts of the fund-raising event. (iv) The expenditures incident to the event. (e) The full name of each individual from whom contributions are received during the period covered by the campaign statement, together with the individual’s street address, the amount contributed, the date on which each contribution was 2078 JOURNAL OF THE SENATE [December 16, 2015] [No. 111 received, and the cumulative amount contributed by that individual. The occupation, employer, and principal place of business shall be stated if the individual’s cumulative contributions are more than $100.00. For contributions of $5.00 or less by an individual to a political committee or independent committee, the secretary of state shall accept for filing any written communication from the political committee or independent committee that contains the information otherwise required under this subsection. Any such written communication does not need to contain an original signature. (f) The cumulative amount contributed and the name and address of each individual, except those individuals reported under subdivision (e), who contributed to the committee. The occupation, employer, and principal place of business shall be stated for each individual who contributed more than $100.00. (g) The name and street address of each person, other than an individual, from whom contributions are received during the period covered by the campaign statement, together with an itemization of the amounts contributed, the date on which each contribution was received, and the cumulative amount contributed by that person. FOR A CONTRIBUTION FROM A PERSON, OTHER THAN AN INDIVIDUAL, TO AN INDEPENDENT EXPENDITURE COMMITTEE, WHETHER THAT PERSON IS SUBJECT TO ANY STATE OR FEDERAL DISCLOSURE REPORTING REQUIREMENTS CONCERNING THE CONTRIBUTIONS AND 1 OF THE FOLLOWING: (i) THE INTERNET ADDRESS WHERE THE PERSON’S DISCLOSURE REPORT CAN BE PUBLICLY ACCESSED. ( ii) THE NAME, ADDRESS, OCCUPATION, AND EMPLOYER OF EACH INDIVIDUAL WHO CONTRIBUTED $100.00 OR MORE IN AGGREGATE TO THAT PERSON. (h) The name, address, and amount given by an individual who contributed to the total amount contributed by a person who is other than a committee or an individual. The occupation, employer, and principal place of business shall be stated if the individual contributed more than $100.00 of the total amount contributed by a person who is other than a committee or an individual. (i) The cumulative total of expenditures of $50.00 or less made during the period covered by the campaign statement except for expenditures made to or on behalf of another committee, candidate, or ballot question. (j) The full name and street address of each person to whom expenditures totaling more than $50.00 were made, together with the amount of each separate expenditure to each person during the period covered by the campaign statement; the purpose of the expenditure; the full name and street address of the person providing the consideration for which any expenditure was made if different from the payee; the itemization regardless of amount of each expenditure made to or on behalf of another committee, candidate, or ballot question; and the cumulative amount of expenditures for or against that candidate or ballot question for an election cycle. An expenditure made in support of more than 1 candidate or ballot question, or both, shall be apportioned reasonably among the candidates or ballot questions, or both. (2) A candidate committee or ballot question committee shall report all cumulative amounts required by this section on a per election cycle basis. Except for subsection (1)(j), an independent committee or political committee shall report all cumulative amounts required by this section on a calendar year basis. (3) A campaign statement of a committee, in addition to the other information required by this section, shall include an itemized list of all expenditures during the reporting period for election day busing of electors to the polls, get‑out‑the‑vote activities, slate cards, challengers, poll watchers, and poll workers. (4) For a reporting period in which a contribution is received that is to be part of a bundled contribution or a reporting period in which a bundled contribution is delivered to the candidate committee of a candidate for statewide elective office, a bundling committee shall report to the secretary of state, on a form provided by the secretary of state, all of the following information, as applicable, about each contribution received or delivered as part of a bundled contribution, and about each bundled contribution delivered, in the reporting period: (a) The amount of each contribution, the date it was received by the bundling committee, and the candidate for statewide elective office whom the contributor designated as the intended recipient. (b) Each contributor’s name and address and, for each contribution exceeding $100.00, the contributor’s occupation, employer, and principal place of business. (c) The date each contribution is delivered to the candidate’s statewide elective office candidate committee. (d) The total amount of bundled contributions delivered to that candidate committee during the reporting period and during the election cycle. (5) With its delivery of a bundled contribution to the candidate committee of a candidate for statewide elective office, a bundling committee shall deliver a report to that candidate committee, on a form provided by the secretary of state, that includes all of the following information, as applicable, about each contribution delivered as part of the bundled contribution, and about all bundled contributions delivered to that candidate committee in the election cycle: (a) The amount of each contribution, the date it was received by the bundling committee, and the statewide elective office candidate the contributor designated as the intended recipient. (b) Each contributor’s name and address and, for each contribution exceeding $100.00, the contributor’s occupation, employer, and principal place of business. (c) The total amount of bundled contributions delivered to that candidate committee during the reporting period and during the election cycle. No. 111] [December 16, 2015] JOURNAL OF THE SENATE 2079 (6) For a reporting period in which a bundled contribution is received, a candidate committee of a candidate for statewide elective office shall report to the secretary of state, on a form provided by the secretary of state, all of the following information, as applicable, about each contribution delivered as part of a bundled contribution received in the reporting period and about all bundled contributions received by that candidate committee: (a) The amount of each contribution, the date it was received by the candidate committee, and the name of the bundling committee that delivered the contribution. (b) Each contributor’s name and address and, for each contribution exceeding $100.00, the contributor’s occupation, employer, and principal place of business. (c) The total amount of bundled contributions received by that candidate committee during the reporting period and during the election cycle. Sec. 33. (1) A committee, other than an independent committee, AN INDEPENDENT EXPENDITURE COMMITTEE, or a political committee required to file with the secretary of state, supporting or opposing a candidate shall file complete campaign statements as required by this act and the rules promulgated under this act. The campaign statements shall be filed according to the following schedule: (a) A preelection campaign statement shall be filed not later than the eleventh day before an election. The closing date for a campaign statement filed under this subdivision shall be the sixteenth day before the election. (b) A postelection campaign statement shall be filed not later than the thirtieth day following the election. The closing date for a campaign statement filed under this subdivision shall be the twentieth day following the election. A committee supporting a candidate who loses the primary election shall file closing campaign statements in accordance with this section. If all liabilities of that candidate or committee are paid before the closing date and additional contributions are not expected, the campaign statement may be filed at any time after the election, but not later than the thirtieth day following the election. (c) In a year in which there is no election for the candidate the committee is supporting or opposing: (i) Not later than July 25 with a closing date of July 20 of that year. (ii) Not later than October 25 with a closing date of October 20 of that year. (2) For the purposes of subsection (1): (a) A candidate committee shall file a preelection campaign statement and a postelection campaign statement for each election in which the candidate seeks nomination or election, except if an individual becomes a candidate after the closing date for the preelection campaign statement only the postelection campaign statement is required for that election. (b) A committee other than a candidate committee shall file a campaign statement for each period during which expenditures are made for the purpose of influencing the nomination or election of a candidate or for the qualification, passage, or defeat of a ballot question. (3) An independent committee, AN INDEPENDENT EXPENDITURE COMMITTEE, or a political committee other than a house political party caucus committee or senate political party caucus committee required to file with the secretary of state shall file campaign statements as required by this act according to the following schedule: (a) Not later than February 15 of each year with a closing date of February 10 of that year. (b) Not later than April 25 of each year with a closing date of April 20 of that year. (c) Not later than July 25 of each year with a closing date of July 20 of that year. (D) NOT LATER THAN SEPTEMBER 20 OF EACH EVEN NUMBERED YEAR WITH A CLOSING DATE OF SEPTEMBER 15 OF THAT YEAR. (E) NOT LATER THAN OCTOBER 4 OF EACH EVEN NUMBERED YEAR WITH A CLOSING DATE OF SEPTEMBER 29 OF THAT YEAR. (F) NOT LATER THAN OCTOBER 18 OF EACH EVEN NUMBERED YEAR WITH A CLOSING DATE OF OCTOBER 13 OF THAT YEAR. (G) (d) Not later than October 25 of each year with a closing date of October 20 of that year. (H) NOT LATER THAN NOVEMBER 1 OF EACH EVEN NUMBERED YEAR WITH A CLOSING DATE OF OCTOBER 27 OF THAT YEAR. (4) A house political party caucus committee or a senate political party caucus committee required to file with the secretary of state or a political party committee for a party attempting to qualify as a new political party under section 685 of the Michigan election law, 1954 PA 116, MCL 168.685, shall file campaign statements as required by this act according to the following schedule: (a) Not later than January 31 of each year with a closing date of December 31 of the immediately preceding year. (b) Not later than April 25 of each year with a closing date of April 20 of that year. (c) Not later than July 25 of each year with a closing date of July 20 of that year. (d) Not later than October 25 of each year with a closing date of October 20 of that year. (e) For the period beginning on the fourteenth day immediately preceding a primary or special primary election and ending on the day immediately following the primary or special primary election, not later than 4 p.m. each business day with a closing date of the immediately preceding day, only for a contribution received or expenditure made that exceeds $1,000.00 per day. 2080 JOURNAL OF THE SENATE [December 16, 2015] [No. 111 (f) For the period beginning on the fourteenth day immediately preceding a general or special election and ending on the day immediately following the general or special election, not later than 4 p.m. each business day with a closing date of the immediately preceding day, only for a contribution received or expenditure made that exceeds $1,000.00 per day. (5) Notwithstanding subsection (3) or (4) or section 51, if an independent expenditure is made within 45 days before a special election by an independent committee, AN INDEPENDENT EXPENDITURE COMMITTEE, or a political committee required to file a campaign statement with the secretary of state, a report of the expenditure shall be filed by the committee with the secretary of state within 48 hours after the expenditure. The report shall be made on a form provided by the secretary of state and shall include the date of the independent expenditure, the amount of the expenditure, a brief description of the nature of the expenditure, and the name and address of the person to whom the expenditure was paid. The brief description of the expenditure shall include either the name of the candidate and the office sought by the candidate or the name of the ballot question and shall state whether the expenditure supports or opposes the candidate or ballot question. This subsection does not apply if the committee is required to report the independent expenditure in a campaign statement that is required to be filed before the date of the election for which the expenditure was made. (6) A candidate committee or a committee other than a candidate committee that files a written statement under section 24(5) or (6) is not required to file a campaign statement under subsection (1), (3), or (4) unless it received or expended an amount in excess of $1,000.00. If the committee receives or expends an amount in excess of $1,000.00 during a period covered by a filing, the committee is then subject to the campaign filing requirements under this act. (7) A committee, candidate, treasurer, or other individual designated as responsible for the committee’s record keeping, report preparation, or report filing who fails to file a statement as required by this section shall pay a late filing fee. If the committee has raised $10,000.00 or less during the previous 2 years, the late filing fee shall be $25.00 for each business day the statement remains unfiled, but not to exceed $500.00. If the committee has raised more than $10,000.00 during the previous 2 years, the late filing fee shall not exceed $1,000.00, determined as follows: (a) Twenty-five dollars for each business day the report remains unfiled. (b) An additional $25.00 for each business day after the first 3 business days the report remains unfiled. (c) An additional $50.00 for each business day after the first 10 business days the report remains unfiled. (8) If a candidate, treasurer, or other individual designated as responsible for the committee’s record keeping, report preparation, or report filing fails to file 2 statements required by this section or section 35 and both of the statements remain unfiled for more than 30 days, that candidate, treasurer, or other designated individual is guilty of a misdemeanor punishable by a fine of not more than $1,000.00 or imprisonment for not more than 90 days, or both. (9) If a candidate is found guilty of a violation of this section, the circuit court for that county, on application by the attorney general or the prosecuting attorney of that county, may prohibit that candidate from assuming the duties of a public office or from receiving compensation from public funds, or both. (10) If a candidate, treasurer, or other individual designated as responsible for a committee’s record keeping, report preparation, or report filing knowingly files an incomplete or inaccurate statement or report required by this section, that individual is subject to a civil fine of not more than $1,000.00. (11) If a candidate, treasurer, or other individual designated as responsible for a committee’s record keeping, report preparation, or report filing knowingly omits or underreports individual contributions or individual expenditures required to be disclosed by this act, that individual is subject to a civil fine of not more than $1,000.00 or the amount of the contributions and expenditures omitted or underreported, whichever is greater. (12) If a candidate committee’s account has a balance of $20,000.00 or more and a candidate, treasurer, or other individual designated as responsible for that committee’s record keeping, report preparation, or report filing fails to file campaign statements required under this act for 2 consecutive years, that candidate, treasurer, or other individual is guilty of a felony punishable by imprisonment for not more than 3 years or a fine of not more than $5,000.00, or both. Any money in a candidate committee account described in this subsection is subject to seizure by, and forfeiture to, this state as provided in this section. (13) Not more than 5 business days after seizure of money under subsection (12), the secretary of state shall deliver personally or by registered mail to the last known address of the candidate from whom the seizure was made an inventory statement of the money seized. The inventory statement shall also contain notice to the effect that unless demand for hearing as provided in this section is made within 10 business days, the money is forfeited to this state. Within 10 business days after the date of service of the notice, the candidate may by registered mail, facsimile transmission, or personal service file with the secretary of state a demand for a hearing before the secretary of state or a person designated by the secretary of state for a determination as to whether the money was lawfully subject to seizure and forfeiture. The candidate is entitled to appear before the secretary of state or a person designated by the secretary of state, to be represented by counsel, and to present testimony and argument. Upon receipt of a request for hearing, the secretary of state or a person designated by the secretary of state shall hold the hearing within 15 business days. The hearing is not a contested case proceeding and is not subject to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. After the hearing, the secretary of state or a person designated by the secretary of state shall render a decision in writing within 10 business days of the hearing and, by order, shall either declare the money subject to seizure and forfeiture or declare the money returnable to the candidate. If, within 10 business days after the date of service of the No. 111] [December 16, 2015] JOURNAL OF THE SENATE 2081 inventory statement, the candidate does not file with the secretary of state a demand for a hearing before the secretary of state or a person designated by the secretary of state, the money seized is forfeited to this state by operation of law. If, after a hearing before the secretary of state or a person designated by the secretary of state, the secretary of state or a person designated by the secretary of state determines that the money is lawfully subject to seizure and forfeiture and the candidate does not appeal to the circuit court of the county in which the seizure was made within the time prescribed in this section, the money seized is forfeited to this state by operation of law. If a candidate is aggrieved by the decision of the secretary of state or a person designated by the secretary of state, that candidate may appeal to the circuit court of the county where the seizure was made to obtain a judicial determination of the lawfulness of the seizure and forfeiture. The action shall be commenced within 20 days after notice of a determination by the secretary of state or a person designated by the secretary of state is sent to the candidate. The court shall hear the action and determine the issues of fact and law involved in accordance with rules of practice and procedure as in other in rem proceedings. Sec. 35. (1) In addition to any other requirements of this act for filing a campaign statement, a committee, other than an independent committee, AN INDEPENDENT EXPENDITURE COMMITTEE, or a political committee required to file with the secretary of state, shall also file a campaign statement not later than January 31 of each year. The campaign statement shall have a closing date of December 31 of the previous year. The period covered by the campaign statement filed under this subsection begins the day after the closing date of the previous campaign statement. A campaign statement filed under this subsection shall be IS waived if a postelection campaign statement has been filed that has a filing deadline within 30 days of the closing date of the campaign statement required by this subsection. (2) Subsection (1) does not apply to a candidate committee for an officeholder who is a judge or a supreme court justice, or who holds an elective office for which the salary is less than $100.00 a month and who does not receive any contribution or make any expenditure during the time that would be otherwise covered in the statement. (3) A committee, candidate, treasurer, or other individual designated as responsible for the record keeping, report preparation, or report filing for a candidate committee of a candidate for state elective office or a judicial office who fails to file a campaign statement under this section shall be assessed a late filing fee. If the committee has raised $10,000.00 or less during the previous 2 years, the late filing fee shall be $25.00 for each business day the campaign statement remains unfiled, but not to exceed $500.00. If the committee has raised more than $10,000.00 during the previous 2 years, the late filing fee shall be $50.00 for each business day the campaign statement remains unfiled, but not to exceed $1,000.00. The late filing fee assessed under this subsection shall be paid by the candidate, and the candidate shall not use committee funds to pay that fee. A committee, treasurer, or other individual designated as responsible for the record keeping, report preparation, or report filing for a committee other than a candidate committee of a candidate for state elective office or a judicial office who fails to file a campaign statement under this section shall pay a late filing fee of $25.00 for each business day the campaign statement remains not filed in violation of this section. The late filing fee shall not exceed $500.00. (4) A committee filing a written statement under section 24(5) or (6) need not file a statement in accordance with subsection (1). If a committee receives or expends more than $1,000.00 during a time period prescribed by section 24(5) or (6), the committee is then subject to the campaign filing requirements under this act and shall file a campaign statement for the period beginning the day after the closing date of the last postelection campaign statement or an annual campaign statement that is waived under subsection (1), whichever occurred earlier. (5) If a candidate, treasurer, or other individual designated as responsible for the record keeping, report preparation, or report filing fails to file 2 statements required by this section or section 33 and both of the statements remain unfiled for more than 30 days, that candidate, treasurer, or other designated individual is guilty of a misdemeanor, punishable by a fine of not more than $1,000.00, or imprisonment for not more than 90 days, or both. (6) If a candidate, treasurer, or other individual designated as responsible for the record keeping, report preparation, or report filing for a committee required to file a campaign statement under subsection (1) knowingly files an incomplete or inaccurate statement or report required by this section, that individual is subject to a civil fine of not more than $1,000.00.”. The amendment to the substitute was not adopted. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment to the substitute was not adopted, a majority of the members not voting therefor, as follows: Roll Call No. 653 Ananich Bieda Emmons Yeas—12 Gregory Hertel Hood Hopgood Rocca Johnson Warren Knezek Young 2082 JOURNAL OF THE SENATE [December 16, 2015] [No. 111 Nays—25 Booher Hune Meekhof Schmidt Brandenburg Jones Nofs Schuitmaker Casperson Knollenberg O’Brien Shirkey Colbeck Kowall Pavlov Smith Hansen MacGregor Proos Stamas Hildenbrand Marleau Robertson Zorn Horn Excused—1 Green Not Voting—0 In The Chair: President Senator Kowall moved to reconsider the vote by which the second set of amendments offered by Senator Bieda were adopted. The motion prevailed. The question being on the adoption of the amendments to the substitute, The amendments were not adopted. Senator Kowall requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments to the substitute were not adopted, a majority of the members not voting therefor, as follows: Roll Call No. 654 Yeas—18 Ananich Hertel Knezek Schuitmaker Bieda Hood Nofs Smith Casperson Hopgood O’Brien Warren Emmons Johnson Rocca Young Gregory Jones Nays—19 Booher Horn Marleau Schmidt Brandenburg Hune Meekhof Shirkey Colbeck Knollenberg Pavlov Stamas Hansen Kowall Proos Zorn Hildenbrand MacGregor Robertson Excused—1 Green No. 111] [December 16, 2015] JOURNAL OF THE SENATE 2083 Not Voting—0 In The Chair: President he question being on concurring in the substitute made to the bill by the House, T The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 655 Yeas—25 Booher Horn Meekhof Schmidt Brandenburg Hune Nofs Schuitmaker Casperson Knollenberg O’Brien Shirkey Colbeck Kowall Pavlov Smith Emmons MacGregor Proos Stamas Hansen Marleau Robertson Zorn Hildenbrand Nays—12 Ananich Bieda Gregory Hertel Hood Hopgood Johnson Rocca Jones Warren Knezek Young Excused—1 Green Not Voting—0 In The Chair: President he Senate agreed to the title as amended. T The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Protests Senators Ananich and Bieda, under their constitutional right of protest (Art. 4, Sec. 18), protested against concurring in the House substitute for Senate Bill No. 571. Senator Ananich’s statement is as follows: I rise for my “no” vote explanation on this bill. Frankly, colleagues, I was not planning to get up to speak at this point because much of what happened tonight left me speechless. This issue and this institution are too important to me to be silent. We are better than this. The people deserve better than this. No one can argue this solves a single problem or fixes a broken system. More money in politics is not the answer. More heavy-handed bullying to rig the game is a disgrace to the people who sent us here. This is wrong and you all know it. I urge you to do the right thing and reconsider this and vote “no.” 2084 JOURNAL OF THE SENATE [December 16, 2015] [No. 111 enator Bieda’s statement is as follows: S This bill actually started off as a pretty good bill, and it turned into something totally different. Now, tonight we’ve shoved one voter disenfranchised bill down Michiganders’ throats. It seems like it’s time to talk another. You waited until the dead of night, until the last minute, to sub a perfectly acceptable campaign finance bill with Senate Bill No. 638, which is a disgrace to American democracy. No voter in this state wants more special interest money interfering in elections. No voter in this state believes it’s a good idea to expand the reach of the Citizens United ruling. No voter wants to cede their free speech rights to a faceless corporation looking to game the system and back a political puppet. So why are you so willing to cave in to corporate demands? Why are you so determined to give dark money additional footholds in our state? Colleagues, I urge you to vote “no” on this latest subversion of American democracy, and put the power of free speech back in the hands of Michigan citizens. Senators Knezek, Bieda and Young asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Knezek’s statement is as follows: I rise today to offer an amendment to Senate Bill No. 571. This amendment would tie-bar Senate Bill No. 571 to Senate Bill No. 224. This would impose a two-year moratorium on lobbying for legislators, the Governor, the Attorney General, and the Secretary of State. It would also impose a one-year moratorium on departmental heads who are appointed by the Governor. If we are going to let outside money and corporate interests play here in Michigan, as we are with Senate Bill No. 571, we need to slow down the revolving door in order to keep absolutely everyone honest. I urge all of my colleagues to vote “yes” on this amendment to show that you are interested not only in reducing corruption in our state, but to ensure that the interests of everyday people are appropriately represented in our state’s government. enator Bieda’s first statement is as follows: S I rise today to offer an amendment which would tie-bar Senate Bill No. 571 to Senate Bill No. 194. Senate Bill No. 194 would require candidates to file personal disclosure reports. I think it’s really important in this era of demand for increased transparency. Simply put, if you’re going to be so hellbent on putting candidates and lawmakers up for sale, we should at least know who is doing the buying. I urge a “yes” vote on this amendment and the commitment to open and transparent elections. enator Bieda’s second statement is as follows: S I am rising to offer an amendment to Senate Bill No. 571. I think you’re actually going to like this one. I am going to keep my fingers crossed here. This legislation, as written, allows organizations to make robo-calls without disclosing who paid for them. Now think about that. How many times have you had constituents complain about getting these robo-calls? Nobody likes them, and they are anonymous. You’ve probably been a victim of them in the past too. So they are often anonymous, they are often misleading, and they make people wonder who is doing the call. My amendment would require that the organization paying for the call disclose its identity at the end of the call. I want to remind you—you probably remember this—but this provision was part of the compromise we agreed to way back in 2013. I urge my colleagues to protect voters from disingenuous and often dishonest robo-callers by voting “yes” on this amendment. enator Young’s statement is as follows: S This is a hell of a way to start out the Christmas holiday. First you wipe all our staff off the floor, then you cut off debate, and now we are voting on this corporate takeover. I thought we were a government of the people, for the people, and by the people. Now, after this bill, we are going to be a government of the corporation, for the corporation, and by the corporation. This is ridiculous. This bill might as well be sponsored by Drake because if you read this, it’s already too late. No one read this bill, and no one knows what is in it. It might as well be Peggy Bundy’s mystery meat, because nobody knows what this bill does or what it is. I just think it is ridiculous. I offer an amendment to answer transparency. If we are going to let corporations and faceless super PACs further insert themselves into Michigan politics, we need to give voters the tools they need to understand how Big Money is influencing their elections. It is time to shine a light into the darkness. This amendment would make it easier to follow the money by increasing reporting and disclosure requirements. No. 111] [December 16, 2015] JOURNAL OF THE SENATE 2085 I urge my colleagues to vote “yes” on this amendment so that we can increase transparency and restore our constituents’ trust in our elections process. Votes and elections should be determined by the people, not by big profit and big corporations. As a great person once said, “Transparency is the best sunshine.” So for the sake of transparency, I would like you to vote for my amendment. enator Kowall moved that the Call of the Senate be lifted. S The motion prevailed. Committee Reports he Committee on Veterans, Military Affairs and Homeland Security reported T House Concurrent Resolution No. 7. A concurrent resolution to urge the United States Department of Veterans Affairs and the United States Congress to create a pilot program in Michigan instituting a flexible Veterans Choice Card system structured similar to a traditional health care program for all veterans in Michigan. (For text of resolution, see Senate Journal No. 42, p. 617.) With the recommendation that the following substitute (S-1) be adopted and that the concurrent resolution then be adopted: A concurrent resolution to urge the United States Department of Veterans Affairs and the United States Congress to create a pilot program in Michigan instituting a flexible Veterans Choice Card system structured similar to a traditional health care program for all veterans in Michigan. Whereas, The men and women who serve our country deserve our utmost respect and appreciation. Many of them are injured in the line of duty and come home to face challenging physical disabilities and other health issues. All veterans are entitled to the best health care we can give them; and Whereas, According to the U.S. Government Accountability Office, several variables affect a veteran’s ability to access VA health care. Veterans may have difficulty travelling to a distant facility for care or be unable to secure an appointment in an acceptable period of time to deal quickly with a medical issue; and Whereas, To provide a more flexible VA health care system, Congress enacted the Veterans Access, Choice, and Account­ability Act of 2014, allowing for care outside of the traditional VA system. Under the act, the new Choice Program will provide many veterans with VA compensated health care at a non-VA center, providing more timely appointments, less bureaucratic red tape, and easier travel; and Whereas, As currently structured, the Choice Program limits non-VA health care to veterans residing more than 40 miles from a VA health facility. The law does not differentiate between types of VA health care facilities. Therefore, a veteran living near a small VA clinic but needing specialty cardiology care at a VA facility 100 miles away will not be allowed to access private cardiology care. Also, the program requires that every appointment for care be cleared by a program manager; now, therefore, be it Resolved by the House of Representatives (the Senate concurring), That we urge the United States Department of Veterans Affairs and the United States Congress to create a pilot program in Michigan instituting a flexible Veterans Choice Card system structured similar to a traditional health care program for all veterans in Michigan; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, and the United States Secretary of Veterans Affairs. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Zorn, Colbeck and Knezek Nays: None The concurrent resolution and the substitute recommended by the committee were placed on the order of Resolutions. COMMITTEE ATTENDANCE REPORT he Committee on Veterans, Military Affairs and Homeland Security submitted the following: T Meeting held on Tuesday, December 15, 2015, at 9:00 a.m., Room 110, Farnum Building Present: Senators O’Brien (C), Zorn, Colbeck and Knezek Excused: Senator Emmons 2086 JOURNAL OF THE SENATE [December 16, 2015] [No. 111 The Committee on Banking and Financial Institutions reported Senate Bill No. 599, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2567 (MCL 600.2567), as amended by 2004 PA 538. With the recommendation that the substitute (S-4) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Darwin L. Booher Chairperson To Report Out: Yeas: Senators Booher, O’Brien, Nofs, Zorn, MacGregor and Hertel Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Banking and Financial Institutions reported Senate Bill No. 600, entitled A bill to amend 1937 PA 146, entitled “An act to establish, protect and enforce by lien the rights of laborers, contractors, sub-contractors and material men and other persons furnishing labor, tools, or materials, or other things of value, for the drilling, boring, torpedoing, acidizing, completing, operating or repairing of any oil or gas well, or the constructing or repairing of any oil or gas pipe line, oil or gas derrick, or oil tank,” by amending section 4 (MCL 570.254). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Darwin L. Booher Chairperson To Report Out: Yeas: Senators Booher, O’Brien, Nofs, Zorn, MacGregor, Hertel and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Banking and Financial Institutions reported Senate Bill No. 601, entitled A bill to amend 1983 PA 102, entitled “Uniform federal lien registration act,” by amending section 6 (MCL 211.666). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Darwin L. Booher Chairperson To Report Out: Yeas: Senators Booher, O’Brien, Nofs, Zorn, MacGregor, Hertel and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Banking and Financial Institutions reported Senate Bill No. 602, entitled A bill to amend 1968 PA 203, entitled “State tax lien registration act,” by amending section 5 (MCL 211.685). With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Darwin L. Booher Chairperson To Report Out: Yeas: Senators Booher, O’Brien, Nofs, Zorn, MacGregor, Hertel and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Banking and Financial Institutions reported Senate Bill No. 603, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 15 (MCL 421.15), as amended by 2011 PA 269. No. 111] [December 16, 2015] JOURNAL OF THE SENATE 2087 ith the recommendation that the substitute (S-1) be adopted and that the bill then pass. W The committee further recommends that the bill be given immediate effect. Darwin L. Booher Chairperson To Report Out: Yeas: Senators Booher, O’Brien, Nofs, Zorn, MacGregor, Hertel and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Banking and Financial Institutions reported Senate Bill No. 604, entitled A bill to amend 1962 PA 174, entitled “Uniform commercial code,” by amending section 9525 (MCL 440.9525), as amended by 2004 PA 212. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Darwin L. Booher Chairperson To Report Out: Yeas: Senators Booher, O’Brien, Nofs, Zorn, MacGregor, Hertel and Young Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Banking and Financial Institutions submitted the following: T Meeting held on Tuesday, December 15, 2015, at 11:00 a.m., Room 100, Farnum Building Present: Senators Booher (C), O’Brien, Nofs, Zorn, MacGregor, Rocca, Hertel and Young Scheduled Meetings Criminal Justice Policy Commission - Wednesday, January 6, 2016, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:08 p.m. Pursuant to House Concurrent Resolution No. 19, the President, Lieutenant Governor Calley, declared the Senate adjourned until Friday, December 18, 2015, at 11:45 a.m. JEFFREY F. COBB Secretary of the Senate 2088 No. 112 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2015 Senate Chamber, Lansing, Friday, December 18, 2015. 11:45 a.m. Pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate. Motions and Communications The following communication was received and read: Office of the Auditor General nclosed is a copy of the following audit report: E Performance audit report on Oaks Correctional Facility, Department of Corrections. Sincerely, Doug Ringler Auditor General The audit report was referred to the Committee on Government Operations. December 15, 2015 The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, December 16: House Bill Nos. 5070 5071 5072 5073 The Secretary announced that the following bills and joint resolutions were printed and filed on Wednesday, December 16, and are available at the Michigan Legislature website: Senate Bill Nos. 669 670 671 672 673 674 675 676 677 678 679 680 681 682 683 684 685 Senate Joint Resolutions M N House Bill Nos. 5150 5151 5152 5153 5154 5155 5156 5157 5158 5159 5160 5161 5162 The Secretary announced that the following bills were printed and filed on Thursday, December 17, and are available at the Michigan Legislature website: House Bill Nos. 5163 5164 5165 5166 5167 5168 Messages from the Governor The following messages from the Governor were received: Date: December 15, 2015 Time: 8:32 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 556 (Public Act No. 218), being An act to amend 2005 PA 210, entitled “An act to provide for the establishment of commercial rehabilitation districts in certain local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax 2090 JOURNAL OF THE SENATE [December 18, 2015] [No. 112 upon the owners of certain qualified facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of certain local governmental officials; and to provide penalties,” by amending section 16 (MCL 207.856). (Filed with the Secretary of State on December 15, 2015, at 3:58 p.m.) Date: December 17, 2015 Time: 8:44 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 400 (Public Act No. 224), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending the heading of part 121 and sections 11704, 12101, 12102, 12102a, 12103, 12105, 12107, 12109, 12111, 12112, 12113, 12114, 12115, 12116, and 12117 (MCL 324.11704, 324.12101, 324.12102, 324.12102a, 324.12103, 324.12105, 324.12107, 324.12109, 324.12111, 324.12112, 324.12113, 324.12114, 324.12115, 324.12116, and 324.12117), section 11704 as amended by 2004 PA 381, sections 12101, 12102, 12105, 12107, 12111, and 12113 as amended by 2008 PA 8, section 12102a as amended by 2008 PA 153, sections 12103, 12109, and 12112 as amended by 2014 PA 286, sections 12114 and 12116 as amended by 1998 PA 140, and section 12115 as amended by 2004 PA 587. (Filed with the Secretary of State on December 17, 2015, at 2:21 p.m.) Date: December 17, 2015 Time: 8:46 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 401 (Public Act No. 225), being An act to amend 1998 PA 138, entitled “An act to regulate the transportation of certain hazardous materials; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies,” by amending sections 2 and 3 (MCL 29.472 and 29.473), section 2 as amended by 2013 PA 74. (Filed with the Secretary of State on December 17, 2015, at 2:23 p.m.) Date: December 17, 2015 Time: 8:48 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 402 (Public Act No. 226), being An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 13c of chapter XVII (MCL 777.13c), as amended by 2006 PA 59. (Filed with the Secretary of State on December 17, 2015, at 2:25 p.m.) No. 112] [December 18, 2015] JOURNAL OF THE SENATE 2091 Date: December 17, 2015 Time: 8:50 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 529 (Public Act No. 227), being An act to amend 2008 PA 260, entitled “An act to provide for assistance payments to certain guardians of minors; and to provide for duties and responsibilities of certain state departments and agencies,” by amending sections 2, 3, 4, 5a, 5b, 6, 7, 8, and 9 (MCL 722.872, 722.873, 722.874, 722.875a, 722.875b, 722.876, 722.877, 722.878, and 722.879), sections 2, 3, 4, and 9 as amended and sections 5a and 5b as added by 2009 PA 15 and section 6 as amended by 2011 PA 229, and by adding sections 5c and 5d. (Filed with the Secretary of State on December 17, 2015, at 2:27 p.m.) Date: December 17, 2015 Time: 8:52 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 530 (Public Act No. 228), being An act to amend 1939 PA 288, entitled “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,” by amending section 13a of chapter XIIA (MCL 712A.13a), as amended by 2012 PA 163. (Filed with the Secretary of State on December 17, 2015, at 2:29 p.m.) Date: December 17, 2015 Time: 8:56 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 151 (Public Act No. 229), being An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 16 of chapter X (MCL 770.16), as amended by 2011 PA 212. (Filed with the Secretary of State on December 17, 2015, at 2:31 p.m.) Respectfully, Rick Snyder Governor 2092 JOURNAL OF THE SENATE [December 18, 2015] [No. 112 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 11:46 a.m. 11:58 a.m. The Senate was called to order by the Secretary of the Senate. Messages from the House The following message was received and read: December 18, 2015 I have the honor to inform you that the House of Representatives has completed the business of the session and is now ready to adjourn sine die. Very respectfully, Gary L. Randall, Clerk House of Representatives Scheduled Meetings Criminal Justice Policy Commission - Wednesday, January 6, 2016, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) State Drug Treatment Court Advisory Committee - Tuesday, January 19, 2016, 10:00 a.m., Legislative Council Confer­ ence Room, 3rd Floor, Boji Tower (372-0212) The hour of 12:00 noon having arrived, Pursuant to the resolution fixing the date of final adjournment and the provision of the Constitution determining the hour of such adjournment, the Secretary of the Senate declared the Senate adjourned without day. JEFFREY F. COBB Secretary of the Senate No. 1 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Wednesday, January 13, 2016. 12:00 noon. In conformity with the requirements of the Constitution of the state of Michigan, the Senators of the 98th Legislature of the state of Michigan assembled in the Senate Chamber in the Capitol at Lansing this day (being the second Wednesday of January 2016), at twelve o’clock noon, and were called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. District   1st   2nd   3rd   4th   5th   6th   7th   8th   9th 10th 11th 12th 13th 14th 15th 16th 17th 18th 19th Name Coleman A. Young II Bertram C. Johnson—excused Morris W. Hood III Virgil K. Smith David Knezek Hoon-Yung Hopgood Patrick J. Colbeck Jack M. Brandenburg—excused Steven M. Bieda Tory Rocca Vincent Gregory James A. Marleau Marty Knollenberg David B. Robertson Michael W. Kowall Mike Shirkey Dale W. Zorn Rebekah L. Warren Michael L. Nofs District 20th 21st 22nd 23rd 24th 25th 26th 27th 28th 29th 30th 31st 32nd 33rd 34th 35th 36th 37th 38th Name Margaret E. O’Brien John M. Proos Joseph R. Hune Curtis Hertel, Jr. Rick Jones Phillip J. Pavlov Tonya Schuitmaker James Ananich Peter MacGregor David S. Hildenbrand Arlan B. Meekhof Michael Green Kenneth B. Horn Judith K. Emmons Goeffrey M. Hansen Darwin L. Booher Jim Stamas Wayne A. Schmidt Thomas A. Casperson 2 JOURNAL OF THE SENATE [January 13, 2016] [No. 1 astor Stephen Byrens of City on a Hill Community Church of Olivet offered the following invocation: P It is with a mixture of awe and humility that we come before You today, asking for Your blessings and favor to rest upon this group of men and women as they prepare to serve their constituents in the coming year. Awe, because the One who created the world and all that is in it; the One who spoke and everything came into existence; the One who knit each one of us together in our mothers’ wombs; and the One who knows the number of hairs on each of our heads willing to meet us here today as we pray. Humility, because we understand the high calling that You have placed on each person who takes the oath of office, an oath made before a holy God who cares deeply for how His creation is governed. We learn from Romans 13 that human government was ordained by God, and civil leaders are called by God and given the responsibility to punish evil and reward good. Therefore, all who answer the call to serve in civil government are divinely charged with looking out for the good of those they govern, even before looking out for their own good. Lord, You gave our Founding Fathers an understanding of the fallen nature of man. By experience they knew that too much power in the hands of one person or small group of people would lead to corruption, the strong dominating the weak. Because civil government is ordained by God and tasked with dispensing justice with wisdom and humility, our Founding Fathers wanted the structure of our government to reflect a holy God’s character and nature. They turned to Isaiah 33:22 for the inspiration behind that design which says: “For the Lord is our judge, the Lord is our lawgiver, the Lord is our king; he will save us.” Judge, lawgiver, and king—judicial, legislative, and executive branches. Through Your divine guidance, they designed a model for the federal government, one that was copied by the states: A civil government made up of three co-equal branches and each entrusted with unique powers; a system of checks and balances that could offset any one branch’s responsibility You have given these men and women. Lord, they need Your wisdom and guidance in order to govern well, in order to know how to discern between good and evil. Give them hearts like King Solomon who, when given the responsibility to govern Your people, responded to Your call with a heart of humility. In 1 Kings 3:7 and 9, he acknowledges dependence on You. Verse 7: “Now, O Lord my God, You have made Your servant king instead of my father David, but I am a little child; I do not know how to go out or come in.” In verse 9: “Therefore give to Your servant an understanding heart to judge Your people, that I may discern between good and evil. For who is able to judge this great people of Yours?” Lord, may Your great hand guide, direct, empower, enable, and instruct the hearts of all who are gathered here today, that they might fulfill their high calling to reflect Your holiness, grace, and love through the work of this great civil institution. We pray this in the awesome and wonderful name of Jesus Christ our Lord. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senator Brandenburg be excused from today’s session. S The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Johnson be excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Ananich admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. The following communications were received and read: Office of the Auditor General December 17, 2015 nclosed is a copy of the following audit report: E Performance audit report on Statewide UNIX Security Controls, Department of Technology, Management, and Budget. December 18, 2015 nclosed is a copy of the following audit report: E Performance audit report on the Physical Security and Environmental Controls Over Information Technology Resources, Department of Technology, Management, and Budget. No. 1] [January 13, 2016] JOURNAL OF THE SENATE 3 December 22, 2015 nclosed is a copy of the following audit report: E Performance audit report on the Traffic and Safety Section, Michigan Department of Transportation. January 11, 2016 nclosed is a copy of the following audit report: E Performance audit report on the Office of Passenger Transportation, Michigan Department of Transportation. Sincerely, Doug Ringler Auditor General The audit reports were referred to the Committee on Government Operations. The following communications were received: Department of State Administrative Rules Notices of Filing December 15, 2015 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-047-LR (Secretary of State Filing #15-12-03) on this date at 3:33 p.m. for the Department of Licensing and Regulatory Affairs, entitled “Part 529. Welding, Cutting, and Brazing.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. January 5, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-079-HS (Secretary of State Filing #16-01-01) on this date at 3:32 p.m. for the Department of Health and Human Services, entitled “Vocational Rehabilitation.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The following communication was received: State Budget Office January 12, 2016 he Office of Financial Management has issued the State of Michigan Comprehensive Annual Financial Report (CAFR) T for the fiscal year ended September 30, 2015. This report is required by Article 9, Section 21, of the State Constitution and Section 494, Public Act 431 of 1984, as amended. The CAFR is available electronically on the Internet at www.michigan.gov/budget. Any questions or comments may be directed to Mr. Michael J. Moody, Director, Office of Financial Management, at 373-1010. Sincerely, John S. Roberts State Budget Director The communication was referred to the Secretary for record. The following communications were received: Office of Senator Marty Knollenberg I would like to be added as a co‑sponsor on SB 526. Thank you for your consideration of my request. January 13, 2016 4 JOURNAL OF THE SENATE [January 13, 2016] [No. 1 January 13, 2016 I would like to be added as a co‑sponsor on SB 698. Thank you for your consideration of my request. The communications were referred to the Secretary for record. Sincerely, Mary Knollenberg State Senator 13th District The Secretary announced that the following bills were printed and filed on Friday, December 18, 2015, and are available at the Michigan Legislature website: House Bill Nos. 5169 5170 5171 5172 5173 5174 5175 5176 5177 5178 5179 5180 5181 5182 5183 5184 5185 5186 5187 5188 5189 5190 5191 5192 5193 5194 5195 5196 5197 5198 5199 5200 5201 5202 5203 5204 5205 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 12:09 p.m. 1:08 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senator Young entered the Senate Chamber. Messages from the Governor The following message from the Governor was received on January 11, 2016, and read: EXECUTIVE ORDER No. 2016-1 Creation of Flint Water Interagency Coordinating Committee Michigan Department of State Police WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that he considers necessary for efficient administration; and WHEREAS, municipal water in the City of Flint showed elevated lead levels after the City of Flint switched its water source to the Flint River; and WHEREAS, the County of Genesee and the City of Flint have taken actions to cope with the situation, including but not limited to, switching back to the Detroit water system on October 16, 2016, declaring local states of emergency, activating the emergency response and recovery aspects of their emergency operations plan, marshaling and distributing required resources on a city-wide level, and issuing emergency public information and bulletins; and WHEREAS, the Flint Water Advisory Task Force was formed as an independent advisory task force charged with reviewing actions regarding water use and testing in Flint; and WHEREAS, the Flint Water Advisory Task Force has made an interim recommendation that the state government should coordinate a sustained, public-health focused response to remedy, to the fullest extent possible, the impacts on the Flint community; and WHEREAS, on January 5, 2016, the Governor issued a proclamation declaring a state of emergency in the County of Genesee and the City of Flint; and No. 1] [January 13, 2016] JOURNAL OF THE SENATE 5 WHEREAS, multiple state departments and local authorities share the responsibility for ensuring safe drinking water and the coordination of efforts to address the consequences resulting from the presence of elevated lead levels in drinking water; and WHEREAS, ensuring safe drinking water and addressing the consequences of elevated lead levels in drinking water will require collaboration and communication between state departments, local governments, and subject matter experts; and WHEREAS, the establishment of a Flint Water Interagency Coordinating Committee within the Michigan Department of State Police will facilitate the collaboration and communication between state departments, local governments, and subject matter experts necessary to effectively coordinate a response and recovery effort; NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I.  CREATION OF THE FLINT WATER INTERAGENCY COORDINATING COMMITTEE A. The Flint Water Interagency Coordinating Committee (“Coordinating Committee”) is created as an advisory body within the Michigan Department of State Police (the “Department”). B. The Coordinating Committee shall be composed of the following seventeen (17) members who shall serve an initial term expiring on December 31, 2018. • The Director of Office of Urban Initiatives within the Executive Office of the Governor; • The Deputy State Director of Emergency Management and Homeland Security within the Michigan Department of State Police; • The Director of the Department of Environmental Quality, or his or her designee; • The Director of the Department of Health and Human Services, or his or her designee; • The Director of the Department of Licensing and Regulatory Affairs, or his or her designee; • The State Treasurer, or his or her designee; • The Superintendent of Public Instruction, or his or her designee; • The elected Mayor of the City of Flint who shall be appointed to the Coordinating Committee by the Governor; • Three (3) additional representatives of the City of Flint who shall be submitted by the Mayor of the City of Flint and appointed to the Coordinating Committee by the Governor; • Three (3) representatives of Genesee County who shall be submitted by the Genesee County Board of Commissioners and appointed to the Coordinating Committee by the Governor; and • Three (3) subject matter experts who shall be appointed to the Coordinating Committee by the Governor. After the initial appointments, members of the Coordinating Committee appointed under this subsection shall serve terms of three years. C. A vacancy on the Coordinating Committee occurring other than by expiration of a term shall be filled in the same manner as the original appointment for the balance of the unexpired term. A member may continue serving until his or her successor is appointed. A member may serve successive terms if reappointed. II.  CHARGE TO THE COORDINATING COMMITTEE A. The Coordinating Committee shall act in an advisory capacity to the Governor and subject to the Governor’s review and approval, shall do all of the following: 1. Create an incident action plan designed to assist state and local authorities in ensuring safe drinking water for the residents of the City of Flint and addressing the consequences of elevated lead levels in drinking water. 2. Review recommendations made by the Flint Water Advisory Task Force and propose statutory, regulatory, or contractual actions necessary for implementation of such recommendations. 3. Identify staff with competencies in emergency planning, operations, logistics, and finance as outlined under the National Incident Management System (NIMS) to work with the Coordinating Committee to track resource requests and document progress on the incident action plan. 4. Establish a standard process for sharing pertinent information between all members including use of the NIMS and Unified/Incident Command as appropriate. 5. Establish routine communications protocols at the local, executive, and legislative levels as appropriate. 6. Establish a public information protocol to effectively inform the community. 7. Make recommendations for acceptable standards for potable water. 8. Make recommendations regarding the health impacts for the affected population. 9. Assess the status of infrastructure and determine feasible actions to upgrade the water system. 10. Establish subcommittees among its members to specifically address, at a minimum, each of the three following topic areas: Water Quality, Community Health, and Education. 11. Assist the Governor and the Department in implementing appropriate operations permitted under the Michigan Emer­ gency Management Act or the federal Stafford Disaster Relief and Emergency Assistance Act, including local emergency operations plans and guides. 12. Explore any avenues of funding for response and recovery efforts including federal grants, legislative appropriations, and private partners. B. The Coordinating Committee shall provide other information or advice as requested by the Governor or the Department. 6 JOURNAL OF THE SENATE [January 13, 2016] [No. 1 III.  OPERATIONS OF THE COORDINATING COMMITTEE A. The Coordinating Committee shall be staffed and assisted by personnel from the Department as directed by the Department Director. Any budgeting, procurement, and related management functions of the Coordinating Committee shall be performed under the direction and supervision of the Department Director. B. The Director of Office of Urban Initiatives within the Executive Office of the Governor and the Deputy State Director of Emergency Management and Homeland Security shall together serve as the Statewide Coordinators responsible for the administrative functions of the Coordinating Committee. C. The Coordinating Committee may utilize subcommittees and advisory panels composed of its members to assist in completing the functions of the Coordinating Committee. The Coordinating Committee may request public participation on advisory panels as the Coordinating Committee deems necessary. D. When making recommendations to the Governor, a majority of the serving members of the Coordinating Committee must concur. E. The Coordinating Committee shall meet at the call of either of the Statewide Coordinators and as may be provided in procedures adopted by the Coordinating Committee. F. The Coordinating Committee may, as appropriate to perform its duties, make inquiries, conduct studies, consult with outside experts and federal agencies, and receive comments from the public. G. Members of the Coordinating Committee shall serve without compensation but may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Civil Service Commission, and the Department of Technology, Management and Budget, subject to available funding. H. The Coordinating Committee may accept donations of labor, services, or other items of value from any public or private agency or person. Any donations shall be expended in accordance with applicable laws, rules, and procedures. I. Members of the Coordinating Committee shall refer all legal, legislative, and media contacts to the Department. J. A writing prepared, owned, used, in the possession of, or retained by the Coordinating Committee in the performance of an official function is subject to the Freedom of Information Act, 1976 PA 442, as amended, MCL 15.231 to 15.246. IV. MISCELLANEOUS A. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state may give to the Coordinating Committee, or to any member or representative of the Coordinating Committee, any necessary assistance required by the Coordinating Committee, or any member or representative of the Coordinating Committee, in the performance of the duties of the Coordinating Committee so far as is compatible with its, his or her duties. B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order shall not abate by reason of the taking effect of this Order. C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order. The Executive Order shall become effective upon filing. Given under my hand and the Great Seal of the state of Michigan this 11th day of January, in the year of our Lord, [SEAL] Two Thousand Sixteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. The following message from the Governor was received on January 13, 2016, and read: EXECUTIVE ORDER No. 2016-2 Activation of the National Guard to Assist in Responding to the Emergency Relating to the City of Flint’s Water System WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor; and WHEREAS, Under Section 12 of Article V of the Michigan Constitution of 1963 the Governor is the Commander-in-Chief of the state armed forces and may call them out to execute the laws; and WHEREAS, Section 151 of the Michigan Military Act, MCL 32.551, authorizes the Governor to order any members of the organized militia to active state service in the aid of the civil authority in times of public danger, disaster, crisis, catastrophe, or other public emergency within the State; and No. 1] [January 13, 2016] JOURNAL OF THE SENATE 7 WHEREAS, municipal water in the City of Flint showed elevated lead levels after the City of Flint changed its water source from the Detroit water system to its own treatment plant drawing from the Flint River; and WHEREAS, by Executive Proclamation issued on January 5, 2016, the Governor declared a State of Emergency in the City of Flint and Genesee County; and WHEREAS, lead can be introduced to humans through water, and elevated lead levels can result in significant health impacts, particularly for children, pregnant women, and the elderly; and WHEREAS, the State’s first priority in addressing this emergency is to limit potential exposure to lead in drinking and cooking water by limiting potential exposure to lead in the City’s water system; and WHEREAS, other priorities include: (1) directly informing as many Flint residents as possible that filters, bottled water, information on lead, water testing kits, and other resources are available; and (2) directly providing resources to Flint residents and following up with those residents to ensure that they have access to safe water, are fully informed, and have their water supply tested. These tasks will require that personnel go door-to-door in large areas of the City of Flint; and WHEREAS, due to the significant level of human and other resources required for these tasks, additional assistance is needed to supplement existing personnel and equipment; and WHEREAS, by the Executive Proclamation of Emergency issued on January 5, 2016, the Governor directed that the Emergency Management and Homeland Security Division of the Department of State Police, coordinate and maximize all state efforts, and call upon all state departments and agencies to utilize available resources to assist the City of Flint and Genesee County pursuant to the Michigan Emergency Management Plan; NOW, THEREFORE, in consequence of the above, I, Richard D. Snyder, Governor of the State of Michigan, pursuant to the Michigan Constitution of 1963, the Michigan Military Act, 1967 PA 150, MCL 32.501 et seq., and the Emergency Management Act, 1976 PA 390, MCL 30.401 et seq., order the following: 1. The Adjutant General of the Michigan National Guard is directed to order to active state service units and individuals of the Michigan National Guard that, in his discretion, he deems appropriate to meet general mission assignments as determined by the Director of the Department of State Police, or her designee. 2. The Director of the Department of State Police, or her designee, shall coordinate and maximize all state efforts, including such units and individuals of the Michigan National Guard that may be activated to state service to assist the City of Flint and Genesee County in accordance with the Michigan Emergency Management Plan. 3. The Michigan National Guard is activated until such time as determined by the Adjutant General, after consultation with the Director of Department of State Police, or her designee. The Executive Order shall become effective upon filing. Given under my hand and the Great Seal of the state of Michigan this 12th day of January, in the year of our Lord, [SEAL] Two Thousand Sixteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. The following messages from the Governor were received and read: December 7, 2015 I respectfully submit to the Senate the following appointment to office: Advisory Committee on Pain and Symptom Management John A. Mulder of 15384 Leonard Road, Spring Lake, Michigan 49456, county of Ottawa, representing the Michigan State University College of Human Medicine, succeeding Steven Roskos, is appointed for a term expiring July 1, 2017. December 8, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Asparagus Marketing Advisory Board Dwight A. Fuehring of 5673 W. Taylor Road, Mears, Michigan 49436, county of Oceana, representing North-Central Michigan growers, succeeding himself, is reappointed for a term expiring November 13, 2018. Kyle R. Weber of 8110 North Branch Road, Watervliet, Michigan 49098, county of Berrien, representing growers-at-large, succeeding himself, is reappointed for a term expiring November 13, 2018. December 14, 2015 I respectfully submit to the Senate the following appointment to office: Board of Barber Examiners Kelly Y. Mitchell of 2687 Woodmeadow Drive, S.E., Grand Rapids, Michigan 49546, county of Kent, representing the general public, succeeding herself, is reappointed for a term expiring September 30, 2019. 8 JOURNAL OF THE SENATE [January 13, 2016] [No. 1 December 14, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Carrot Commission Nathan L. Karnemaat of 5118 W. 72nd Street, Fremont, Michigan 48412, county of Newaygo, representing fresh growers, succeeding himself, is reappointed for a term expiring October 31, 2018. December 14, 2015 I respectfully submit to the Senate the following appointment to office: Michigan Board of Optometry Sarah M. Kile of 504 N. Spring Street, Gladwin, Michigan 48624, county of Gladwin, representing the general public, succeeding Robert Perino, is appointed for a term expiring June 30, 2019. December 23, 2015 I respectfully submit to the Senate the following appointment to office: Data Collection Agency Governing Board John W. Schrock of 1042 W. Colonial Park Drive, Grand Ledge, Michigan 48837, county of Eaton, representing the executive branch of state government, succeeding himself, is reappointed for a term expiring December 31, 2016. December 23, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Education Trust Board of Directors Robert C Ferrentino of 9646 Alfred Place, Greenville, Michigan 48838, county of Montcalm, representing presidents of community or junior colleges, succeeding himself, is reappointed for a term expiring December 31, 2018. Virinder Kumar Moudgil of 386 Lake Forest Road, Rochester Hills, Michigan 48309, county of Oakland, representing independent degree-granting colleges and universities, succeeding Thomas Sullivan, is appointed for a term expiring at the pleasure of the Governor, designated to serve as vice president of the Trust. Glenn D. Mroz of 18970 Canal Road, Houghton, Michigan 49931, county of Houghton, representing presidents of state institutions of higher education, succeeding himself, is reappointed for a term expiring December 31, 2018. December 23, 2015 I respectfully submit to the Senate the following appointments to office: MiSTEM Advisory Council Ralph C. Dershimer of 361 Hilldale Drive, Ann Arbor, Michigan 48105, county of Washtenaw, is appointed for a term expiring at the pleasure of the Governor. Harrison T. Ford of 1101 Ramsgate Road, Apt. 10, Flint, Michigan 48532, county of Genesee, is appointed for a term expiring at the pleasure of the Governor. Lee A. Graham of 12369 Orchard Wood Drive, Fenton, Michigan 48430, county of Livingston, is appointed for a term expiring at the pleasure of the Governor. Jim Heath of 10688 Wildwood Drive, Richland, Michigan 49083, county of Kalamazoo, is appointed for a term expiring at the pleasure of the Governor. Kenneth L. Kelzer of 350 North Main Street, Unit 711, Royal Oak, Michigan 48067, county of Oakland, is appointed for a term expiring at the pleasure of the Governor. Gerald Kulbertis of 7283 Lake Bluff Lane, Gladstone, Michigan 49837, county of Delta, is appointed for a term expiring at the pleasure of the Governor. William J. Nichols of 1378 Dunfee Drive, Pleasant Lake, Michigan 49272, county of Jackson, is appointed for a term expiring at the pleasure of the Governor. Kathleen B. Owsley of 915 Linden Street, Plymouth, Michigan 48170, county of Wayne, is appointed for a term expiring at the pleasure of the Governor. Satish S. Udpa of 3689 Autumnwood Lane, Okemos, Michigan 48864, county of Ingham, is appointed for a term expiring at the pleasure of the Governor. Christian A. Velasquez of 5905 Woodcliff Drive, Midland, Michigan 48640, county of Midland, is appointed for a term expiring at the pleasure of the Governor. Carolyn C. Wierda of 5607 Christy Way, Bay City, Michigan 48706, county of Bay, is appointed for a term expiring at the pleasure of the Governor. December 23, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Board of Osteopathic Medicine and Surgery Kathryn Anne Lauer Hoover of 7884 N. Kilkenny Drive, Brighton, Michigan 48116, county of Livingston, representing the general public, succeeding Laura Marcero, is appointed for a term expiring December 31, 2019. James Allen Kilmark of 42601 Bemis Road, Belleville, Michigan 48111, county of Wayne, representing physician assistants, succeeding himself, is reappointed for a term expiring December 31, 2019. No. 1] [January 13, 2016] JOURNAL OF THE SENATE 9 December 23, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Board of Psychology Valencia L. Agnew of 1820 Greenleaf Court, S.E., Grand Rapids, Michigan 49508, county of Kent, representing profes­ sionals, succeeding Joseph Horak, is appointed for a term expiring December 31, 2019. Michael J. Connelly of 1339 Cedarhill Drive, East Lansing, Michigan 48823, county of Ingham, representing the general public, succeeding himself, is reappointed for a term expiring December 31, 2019. Eric D. Ozkan of 6109 Evergreen Court, Midland, Michigan 48642, county of Midland, representing professionals, succeeding himself, is reappointed for a term expiring December 31, 2019. Valerie L. Shebroe of 7872 Ashbrook Drive, Haslett, Michigan 48840, county of Ingham, representing professionals, succeeding Alan Warbelow, is appointed for a term expiring December 31, 2019. December 23, 2015 I respectfully submit to the Senate the following appointments to office: Rural Development Fund Board Laura Braun of 1774 S. Shepardsville Road, Ovid, Michigan 48866, county of Clinton, representing Republicans and the Lower Peninsula, is appointed for a term expiring December 31, 2016. Margaret Minerick of W9359 Bice Creek Lane, Sagola, Michigan 49881, county of Dickinson, representing Republicans and the Upper Peninsula, is appointed for a term expiring December 31, 2018. Fred J. Taccolini of 730 Bishop Woods Road, Marquette, Michigan 49855, county of Marquette, representing Independents and the Upper Peninsula, is appointed for a term expiring December 31, 2017. John W. Walters of 6269 Mt. Vernon Hills Drive, Vanderbilt, Michigan 49795, county of Otsego, representing Independents and the Lower Peninsula, is appointed for a term expiring December 31, 2018. December 23, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Board of Social Work Shelley Ovink of 32500 County Road 581, Ishpeming, Michigan 49849, county of Marquette, representing professionals, succeeding Anwar Najor-Durack, is appointed for a term expiring December 31, 2019. Brittany Taylor Risk of 9236 Caprice Drive, Plymouth, Michigan 48170, county of Wayne, representing professionals, succeeding Michele Brock, is appointed for a term expiring December 31, 2019. December 23, 2015 I respectfully submit to the Senate the following appointments to office: Michigan Board of Speech Language Pathology Christopher A. Mills of 3407 Olderidge Drive, N.E., Grand Rapids, Michigan 49503, county of Kent, representing the general public, succeeding himself, is reappointed for a term expiring December 31, 2019. Bradford L. Swartz of 410 E. Grand Avenue, Mount Pleasant, Michigan 48858, county of Isabella, representing profes­ sionals, succeeding himself, is reappointed for a term expiring December 31, 2019. December 23, 2015 I respectfully submit to the Senate the following appointments to office: Chair - Michigan State Transportation Commission Todd Wyett of 808 E. Dixon Avenue, Charlevoix, Michigan 49720, county of Emmet, is appointed to serve a term expiring at the pleasure of the Governor. ichigan State Transportation Commission M Angelynn Afendoulis of 3333 Falcon Bluff Court, N.E., Grand Rapids, Michigan 49525, county of Kent, representing Independents, succeeding herself, is reappointed for a term expiring December 21, 2018. George Heartwell of 8928 S. Parson Avenue, Newaygo, Michigan 49337, county of Newaygo, representing Independents, succeeding Jerrold Jung, is appointed for a term expiring December 21, 2018. January 4, 2016 I respectfully submit to the Senate the following appointment to office: Chair - Michigan Public Service Commission Sally A. Talberg of 1282 Cambridge Circle, Williamston, Michigan 48895, county of Ingham, succeeding John D. Quackenbush, is appointed for a term expiring at the pleasure of the Governor. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. 10 JOURNAL OF THE SENATE [January 13, 2016] [No. 1 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Warren as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 90, entitled A bill to create an African-American affairs commission, an office of African-American affairs, and an interagency council on African-American affairs; to prescribe their powers and duties; and to prescribe the powers and duties of certain agencies, departments, and officials. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4459, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 310 (MCL 257.310), as amended by 2013 PA 27. Substitute (S-2). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 3, line 21, after “(B)” by inserting “EXCEPT FOR THE PERSON’S DIGITAL PHOTOGRAPHIC IMAGE AND SIGNATURE”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4460, entitled A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appro­ priation for certain purposes,” by amending section 2 (MCL 28.292), as amended by 2013 PA 28. Substitute (S-2). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 7, line 14, after “(B)” by inserting “EXCEPT FOR THE PERSON’S DIGITAL PHOTOGRAPHIC IMAGE AND SIGNATURE OR VERIFICATION AND CERTIFICATION”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. ouse Concurrent Resolution No. 7. H A concurrent resolution to urge the United States Department of Veterans Affairs and the United States Congress to create a pilot program in Michigan instituting a flexible Veterans Choice Card system structured similar to a traditional health care program for all veterans in Michigan. The question being on the adoption of the following committee substitute: Substitute (S-1). The substitute was adopted. The concurrent resolution as substituted was adopted. No. 1] [January 13, 2016] JOURNAL OF THE SENATE 11 enator Kowall offered the following resolution: S Senate Resolution No. 128. A resolution to urge the United States Congress to overturn recent executive actions put forth by the President con­cern­ing gun control. Whereas, The Second Amendment of the Constitution of the United States guarantees Americans the right to keep and bear arms. Our Founding Fathers recognized that this and other fundamental rights preserved in the Bill of Rights were needed to ensure a free and peaceful nation. Further, Article I, Section 6 of the Michigan Constitution clearly affirms a right to keep and bear arms. Congress and the Michigan Legislature have reinforced this right repeatedly through legislative action; and Whereas, The President has exceeded his authority and usurped legislative power solely vested in the Congress by the U.S. Constitution. The President should not issue executive actions contrary to federal laws passed by Congress and signed by the President, thereby violating the separation-of-powers doctrine enshrined in our Constitution; and Whereas, Current law clearly requires only federally licensed gun dealers to conduct background checks, and only sellers who repeatedly purchase and sell firearms to make a living are required to obtain a federal license. Federal law specifically exempts individuals who sell their privately-owned firearms from licensing. The recently issued executive action requiring all those who sell guns to become licensed and conduct background checks is clearly an infringement on the authority of the United States Congress to enact legislation concerning gun control; and Whereas, Gun control measures proposed by the President will not protect our nation and our citizens from terrorists. Studies have shown that criminals typically acquire guns through theft, on the black market, or from family or friends. Expanding background checks opens the door to a national gun registry and harassment of lawful citizens while doing nothing to prevent the crisis situations that Americans want addressed; now, therefore, be it Resolved by the Senate, That we urge the United States Congress to overturn recent executive actions put forth by the President concerning gun control; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Booher, Casperson, Colbeck, Horn, MacGregor, Pavlov, Proos and Shirkey were named co‑sponsors of the resolution. Protests Senators Bieda, Warren, Smith, Hood, Ananich, Gregory and Young, under their constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of Senate Resolution No. 128. Senators Bieda and Warren moved that the statements they made during the discussion of the resolution be printed as their reasons for voting “no.” The motion prevailed. Senator Bieda’s statement is as follows: I rise today to offer my “no” vote explanation for Senate Resolution No. 128. I’d like to highlight the fact that this is yet another policy resolution that’s failed to go through the committee review process that you, my Republican colleagues, demanded. We’ve sent at least 30 policy resolutions to committee, and I’d argue that they were far less important than this one. You were willing to send Senate Resolution No. 56 to committee, which was a resolution related to the potential regulation of barbeque grills. Colleagues, you gave barbeques a hearing. I have a feeling we can all agree that gun safety is a far more nuanced and important issue. It’s one that deserves scrutiny. I imagine both sides of the aisle here will have a lot to say. I encourage my colleagues here in this chamber to remember that we have processes for a reason, and we’d do well to follow them. enator Warren’s statement, in which Senators Smith, Hood, Ananich, Gregory and Young concurred, is as follows: S I rise to give my “no” vote explanation on this resolution. This is now the tenth year that I have had the opportunity to serve in the Michigan Legislature, and many of us in this chamber and others whom we have served with across the dome have had a lot of conversations about guns, about what gun policies make sense, about gun control, and about sensible guns. I can tell you with certainty what many of my colleagues would say if we talked about this issue one-on-one. I’m sure that I would hear something about the sanctity of the Second Amendment. I’m sure I would hear something like guns don’t kill people; bad people with guns kill people. I’m sure that I would hear something like we don’t need more gun 12 JOURNAL OF THE SENATE [January 13, 2016] [No. 1 laws; we need better enforcement of the gun laws that we already have. During 10 years of conversations in this Capitol, I have heard those three things from many of my colleagues on the other side of the aisle and the other side of this issue over and over again. Colleagues, I would like to start with what President Obama’s executive order does not do and will not do. It will not abolish the Second Amendment. It will not infringe upon our rights under the Second Amendment. President Obama is not sending anyone into Michigan to take our guns. President Obama’s message will not send anyone into Michigan to prevent any law-abiding citizens from owning a gun. It won’t keep anyone from going to a gun range; won’t keep anyone from hunting; won’t keep any law-abiding citizens without a mental health history from obtaining a weapon, owning a weapon, defending their home, or defending their family. That’s what President Obama’s executive order will not do. Let’s talk about what it will do, because it must be something in what it will do that you have an opposition to. Anyone who would support this resolution today, asking our members of our congressional delegation to work to overturn the President’s executive order, must have a problem with the fact that the President is trying to get people to focus on having the background check system that we already have in place be more efficient and accurate. We have a problem with that, I guess. We don’t want it to be efficient and accurate. Do we have a problem with the fact that we want to encourage greater communication between the federal and state authorities on criminal information history, so that we are getting information timely and we’re getting the right information? Is that the part that you disagree with? Is it the fact that the President’s executive order calls for increased funding to the ATF for the hiring of 200 new ATF agents and investigators to help enforce existing laws? This is something that many of you have talked to me about for a long time. We need a better enforcement of the laws that are already on the books. The President is calling for 200 more agents to help enforce existing laws. Is that what you have a problem with? He is asking the Attorney General to work with our Attorney General and the Attorney Generals around the country to make sure that we prioritize and increase funding for domestic violence prevention and survivors and to make sure that those convicted of domestic violence are prohibited from obtaining firearms. Is that what you have a problem with? Or maybe it’s the fact that they want to streamline the process so that the Department of Health and Human Services and the Social Security Administration can make sure that we have data in a usable format on those folks who we do know have a mental illness and the folks who we think should not be eligible for owning firearms. Do you have a problem with the agencies talking to each other and making sure that we know who should be prohibited from having a weapon? Or the fact that the President’s executive order calls on the Departments of Defense, Justice, and Homeland Security to conduct and sponsor research on gun safety technology that would reduce the likelihood of accidental discharge or the unauthorized use of a firearm, getting ready for real-world deployment of this technology within 90 days? Or the fact that it encourages our states’ Attorney Generals to focus on eliminating the most dangerous and impactful cases in illegal trafficking and violent offenders who bypass the background check system and purchase guns illegally, to make those the priority cases they work on? Is that what you have a problem with? Because that is the heart of the President’s executive order. We might not see eye-to-eye on every detail when it comes to guns and sensible gun policy, but, colleagues, can’t we be reasonable? Our citizens will still be able to hunt, go to the gun range, obtain concealed pistol licenses, protect themselves, and protect their families. If these policies that the President has put forward can prevent even one injury, one shooting, one suicide, or one death of a child, they would be worthwhile. Our citizens, our constituents overwhelmingly support what the President is trying to do here. Over 85 percent of Americans, as recently as last month, say that expanding background checks makes sense, and they want it. Over 80 percent support laws that prevent those with documented mental illnesses from purchasing guns. This is smart policy, and I urge my colleagues to really think about what you are voting for if you vote in favor of this resolution, and join me in voting “no.” Introduction and Referral of Bills Senator Colbeck introduced Senate Bill No. 686, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 971 and 976 (MCL 380.971 and 380.976), section 971 as amended by 1995 PA 289. The bill was read a first and second time by title and referred to the Committee on Education. Senators Rocca and Brandenburg introduced Senate Bill No. 687, entitled A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sections 514, 517, and 521 (MCL 280.514, 280.517, and 280.521), section 514 as amended by 2006 PA 16. The bill was read a first and second time by title and referred to the Committee on Local Government. No. 1] [January 13, 2016] JOURNAL OF THE SENATE 13 Senators Bieda and Ananich introduced Senate Bill No. 688, entitled A bill to require certain employers to accept and accommodate a request for changes to an employee’s work schedule; to specify the procedure and grounds for denying a request; to require notice or posting of certain information; and to provide remedies and sanctions for a violation of the act. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Booher, Schuitmaker, Emmons, Casperson, Jones, Shirkey and Stamas introduced Senate Bill No. 689, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 65j. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senators Robertson, O’Brien, Knollenberg, Warren, Zorn, Gregory, Johnson, Hertel, Bieda, Hood, Knezek, Hune, Schuitmaker, Smith, Pavlov, Booher and Emmons introduced Senate Bill No. 690, entitled A bill to amend 1991 PA 179, entitled “Michigan telecommunications act,” by amending subheading E of article 3 and section 315 (MCL 484.2315), as amended by 2011 PA 58. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators Knollenberg, O’Brien, Warren, Zorn, Gregory, Johnson, Hertel, Bieda, Hood, Knezek, Hune, Smith, Schuitmaker, Pavlov, Booher and Emmons introduced Senate Bill No. 691, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17601 (MCL 333.17601), as added by 2008 PA 524. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators Zorn, O’Brien, Knollenberg, Warren, Gregory, Johnson, Hertel, Bieda, Hood, Knezek, Hune, Smith, Schuitmaker, Pavlov, Booher and Emmons introduced Senate Bill No. 692, entitled A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 939 (MCL 330.1939), as amended by 1990 PA 263. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators O’Brien, Knollenberg, Warren, Zorn, Johnson, Hertel, Bieda, Hood, Knezek, Hune, Smith, Schuitmaker, Pavlov, Booher and Emmons introduced Senate Bill No. 693, entitled A bill to amend 1937 PA 72, entitled “Division on deafness act,” by amending the title and section 1 (MCL 408.201), as amended by 1988 PA 434. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators Warren, O’Brien, Knollenberg, Zorn, Gregory, Johnson, Hertel, Bieda, Hood, Knezek, Hune, Smith, Schuitmaker, Pavlov, Booher and Emmons introduced Senate Bill No. 694, entitled A bill to amend 1937 PA 72, entitled “Division on deafness act,” by amending section 2 (MCL 408.202), as amended by 1988 PA 434. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators Johnson, Hertel and Ananich introduced Senate Bill No. 695, entitled A bill to create a water affordability program; to create a water affordability fund to provide assistance to low-income state residents for water services; and to prescribe the powers and duties of certain state departments. The bill was read a first and second time by title and referred to the Committee on Government Operations. 14 JOURNAL OF THE SENATE [January 13, 2016] [No. 1 Senators Johnson, Jones, Knezek, Hertel and Ananich introduced Senate Bill No. 696, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 411 (MCL 750.411), as amended by 2000 PA 339. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Jones, Johnson, Knezek, Hertel and Ananich introduced Senate Bill No. 697, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3011. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Colbeck, Smith, Emmons and Knollenberg introduced Senate Bill No. 698, entitled A bill to amend 2011 PA 256, entitled “Michigan fireworks safety act,” by amending section 7 (MCL 28.457), as amended by 2013 PA 65. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Colbeck, Nofs and Horn introduced Senate Bill No. 699, entitled A bill to amend 1846 RS 66, entitled “Of estates in dower, by the curtesy, and general provisions concerning real estate,” (MCL 554.131 to 554.139) by adding section 40. The bill was read a first and second time by title and referred to the Committee on Transportation. Senators Nofs, Colbeck and Horn introduced Senate Bill No. 700, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 3 (MCL 259.3), as amended by 2002 PA 35, and by adding chapter VA. The bill was read a first and second time by title and referred to the Committee on Transportation. Senators Knollenberg, Hansen and Marleau introduced Senate Bill No. 701, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 1617 and 3020 (MCL 500.1617 and 500.3020), section 1617 as added by 2002 PA 655 and section 3020 as amended by 2006 PA 106, and by adding section 3009a. The bill was read a first and second time by title and referred to the Committee on Insurance. Senator Casperson introduced Senate Bill No. 702, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 716 (MCL 257.716), as amended by 2008 PA 539. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 5070, entitled A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending section 5 (MCL 408.1005), as amended by 2012 PA 447. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Commerce. House Bill No. 5071, entitled A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the No. 1] [January 13, 2016] JOURNAL OF THE SENATE 15 department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 1 (MCL 408.471). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Commerce. House Bill No. 5072, entitled A bill to amend 2014 PA 138, entitled “Workforce opportunity wage act,” by amending section 2 (MCL 408.412). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Commerce. House Bill No. 5073, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 41 (MCL 421.41), as amended by 2005 PA 19. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Commerce. By unanimous consent the Senate returned to the order of Messages from the House The following message was received and read: January 13, 2016 I hereby notify you that a quorum of the House of Representatives has convened pursuant to the requirements of the Constitution and is ready to proceed with the business of the session. Very respectfully, Gary L. Randall, Clerk House of Representatives By unanimous consent the Senate proceeded to the order of Statements Senators Bieda and Colbeck asked and were granted unanimous consent to make statements and moved that the state­ ments be printed in the Journal. The motion prevailed. Senator Bieda’s statement is as follows: I would like to take this time to honor the memory of Memphis Chief of Police and former Warren Police Officer Kevin Sommers. Kevin was born on June 4, 1959, and was raised in Warren. Following his graduation in 1977 from Lincoln High School, he enrolled at Wayne State University, where he received his bachelor’s in criminal justice. Following in his father’s footsteps, Kevin entered the Police Academy. He dedicated his life to protecting and serving his community until his unexpected death on January 1 of this year. Many in the community have said that Kevin had an incredible giving nature and considered others to be more important than himself, constantly giving back to the community that he protected. Throughout the years, Kevin served as president of the Christopher M. Wouters Fraternal Order of Police Lodge #124 in Warren, president and national trustee of the Fraternal Order of Police Lodge of Michigan, and was a board member of the Michigan COPS charitable organization. Kevin also spent time as a football referee with Lincoln High School and Wayne State University. His first priority, however, was always his family. I would like to honor those who were closest to him, including his loving companion, Lisa Sorbo-Rosco; brothers, Larry and Scott; and nieces and nephews, Lauren, Dan, Jeff, Jake, Lindsey, Savannah, Michael, and Avianna. Kevin started at the bottom of the Warren police force and worked his way up the ladder. Throughout his tenure, he served as part of the motorcycle detail and the department’s honor guard. In 2011, Kevin retired as lieutenant after serving 28 years, with his last role being director of Emergency Management. Despite retiring from big-city law enforcement, Kevin still felt the drive to serve and protect. On August 31, 2015, he was sworn in as the new police chief in Memphis. One of his first programs as police chief was instituting Coffee with the Chief, a monthly invitation for Memphis residents to join him at the Donut Girls shop in town to discuss issues and share their concerns with the new chief. 16 JOURNAL OF THE SENATE [January 13, 2016] [No. 1 I would like to request a moment of silence as we honor Police Chief Kevin Sommers for his integrity, leadership, and devotion to both Warren and Memphis. May he rest in peace. A moment of silence was observed in memory of Memphis Chief of Police and former Warren Police Officer Kevin Sommers. enator Colbeck’s statement is as follows: S On January 11, 1989, President Ronald Reagan delivered his farewell address to the American people. In the tradition of past presidential farewells starting with our first President, George Washington, he warned the American people of the perils they would face and shared his guidance on how best to face these perils. In this light, I would like to share the following excerpt from his speech: “There is a great tradition of warnings in Presidential farewells, and I’ve got one that’s been on my mind for some time. But oddly enough it starts with one of the things I’m proudest of in the past 8 years; the resurgence of national pride that I called the new patriotism. This national feeling is good, but it won’t count for much, and it won’t last unless it’s grounded in thoughtfulness and knowledge. An informed patriotism is what we want. Are we doing a good enough job teaching our children what America is and what she represents in the long history of the world? Those of us who are over 35 or so years of age grew up in a different America. We were taught, very directly, what it means to be an American. And we absorbed, almost in the air, a love of country and an appreciation of its institutions. If you didn’t get these things from your family you got them from the neighborhood, from the father down the street who fought in Korea or the family who lost someone at Anzio. Or you could get a sense of patriotism from the popular culture. The movies celebrated democratic values and implicitly reinforced the idea that America was special. TV was like that, too, through mid-sixties. But now, we’re about to enter the nineties, and some things have changed. Younger parents aren’t sure that an unambivalent appreciation of America is the right thing to teach modern children. And as for those who create the popular culture, well-grounded patriotism is no longer the style. Our spirit is back, but we haven’t reinstitutionalized it. We’ve got to do a better job of getting across that America is freedom—freedom of speech, freedom of religion, and freedom of enterprise. Freedom is special and rare. It’s fragile; it needs protection. So, we’ve got to teach history based not on what’s in fashion but what’s important—why the Pilgrims came here, who Jimmy Doolittle was, and what those 30 seconds over Tokyo meant. You know, 4 years ago on the 40th anniversary of D-Day, I read a letter from a young woman writing to her late father, who’d fought on Omaha Beach. Her name was Lisa Zanatta Henn, and she said, ‘We will always remember, we will never forget what the boys of Normandy did.’ Well, let’s help her keep her word. If we forget what we did, we won’t know who we are. I’m warning of an eradication of the American memory that could result, ultimately, in an erosion of the American spirit. Let’s start with some basics: more attention to American history and greater emphasis on civic ritual. And let me offer lesson number one about America: All great change in America begins at the dinner table. So, tomorrow night in the kitchen I hope the talking begins. And children, if your parents haven’t been teaching you what it means to be an American, let ‘em know and nail ‘em on it. That would be a very American thing to do.” Let’s flash forward to January 13, 2016. We begin our eighth year with a President who, rather than celebrating what it means to be an American, has sought to fundamentally transform America. That only works if we let him. Rather than institutionalize the anti-American rants of Marxist historians like Howard Zinn in our classrooms, we need to renew an appreciation for America. We need to renew an appreciation for the notion that we are all created equal. We need to renew an appreciation that our unalienable rights to life, liberty, and the pursuit of happiness cannot be taken away by an overreaching government. They are endowed to us by our Creator. So, as we head into the year 2016, we would do well to heed the sage advice shared by the Great Communicator back in 1989. All great change does indeed begin at the dinner table, so when you go home tonight, put your cell phones away, and start a conversation by asking a simple question: What does it mean to be an American? When you do, I hope that you will find, as I have, that we do not need to fundamentally transform America. We simply need to remember what it means to be an American. Scheduled Meetings Senate Fiscal Agency Board of Governors - Thursday, January 28, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) State Drug Treatment Court Advisory Committee - Tuesday, January 19, 10:00 a.m., Legislative Council Confer­ ence Room, 3rd Floor, Boji Tower (372-0212) No. 1] [January 13, 2016] JOURNAL OF THE SENATE 17 enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 1:41 p.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, January 14, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 18 No. 2 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Thursday, January 14, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—excused Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 20 JOURNAL OF THE SENATE [January 14, 2016] [No. 2 I mam Mohammad Elahi of Islamic House of Wisdom of Dearborn Heights offered the following invocation: Thank You, Lord, our Creator, Sustainer, and gracious guide. You are the one God with so many magnificent names. Please bless each member of this Legislature with confidence, courage, commitment, and compassion so they make sure all people of this state enjoy protection, prosperity, liberty, and equal opportunity. Please assist all representatives in their fight against poverty, prejudice, and racial and religious discrimination. Direct our Senators with Your divine light so they can easily identify the state’s priorities and principles beyond the parties and personalities path. Please let the light of Your divine wisdom enlighten their debates and direct their decisions so they are aware of Your presence in their intentions, expressions, and actions. Let them present Your law of love, mercy, truth, and justice. Save them from any harm, confusion, contradiction, and selfishness. Help our state to help our nation, and let this beautiful country be a shining example of defending democracy, human dignity, and standing against the forces of injustice, tyranny, terrorism, corruption, and crime. Lord, forgive us for our shortcomings, and please don’t punish us for our mistakes. Help us to stay one nation under Your glory. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Johnson be excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guest of Senator MacGregor admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, January 13: House Bill Nos. 4552 4813 The Secretary announced that the following bills were printed and filed on Wednesday, January 13, and are available at the Michigan Legislature website: Senate Bill Nos. 686 687 688 689 690 691 692 693 694 695 696 697 698 699 700 701 702 House Bill Nos. 5206 5207 5208 5209 5210 5211 5212 5213 5214 5215 5216 5217 5218 Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 90 House Bill No. 4459 House Bill No. 4460 The motion prevailed. The following bill was read a third time: Senate Bill No. 90, entitled A bill to create an African-American affairs commission, an office of African-American affairs, and an interagency council on African-American affairs; to prescribe their powers and duties; and to prescribe the powers and duties of certain agencies, departments, and officials. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 2] [January 14, 2016] JOURNAL OF THE SENATE Roll Call No. 1 21 Yeas—34 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Emmons Hune O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Zorn Hansen Knollenberg Nays—2 Colbeck Robertson Excused—2 Johnson Young Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. Protest Senator Colbeck, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 90 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.” The motion prevailed. Senator Colbeck’s statement is as follows: I rise in opposition to Senate Bill No. 90. It’s not an easy “no” vote, and many of you guys in this audience know why. But I want to make sure that everybody here understands. Let me be clear that I would oppose this legislation if it were to create any racially-segregated commission. Whether it was a Polish or Ukrainian or English-American commission, I would oppose it. I have previously opposed legislation that appropriated state funds to the Asian Pacific commission. Formation of this new commission will likely lead to a similar racial-based commission appropriation in the future. Dividing Americans into racial groups is by definition racist, regardless of which race is being singled out. Racism in any form has no place in our state. Mr. President, behind you on the wall behind the rostrum is our state crest. On it are the words “e pluribus unum.” This is Latin for “out of many, one.” Senate Bill No. 90 seeks the exact opposite. It seeks to divide us into many from one. It seeks to divide us into groups of citizens organized by racial profile instead of recognizing that we are all citizens of Michigan. Our nation is called the United States of America for a reason. United we stand; divided we fall. As you may recall in my remarks yesterday, I believe we’ve lost sight of what it means to be an American. Perhaps one of the reasons is because we are too busy worrying about which racial group we fit into, rather than appreciating the fact that we are all American citizens. We need to stop promoting policies that divide us, and start promoting policies that unite us as Americans. It is for this reason that I urge a “no” vote on Senate Bill No. 90. Senator Young entered the Senate Chamber. 22 JOURNAL OF THE SENATE [January 14, 2016] [No. 2 The following bill was read a third time: House Bill No. 4459, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 310 (MCL 257.310), as amended by 2013 PA 27. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 2 Yeas—37 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hansen Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4460, entitled A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers No. 2] [January 14, 2016] JOURNAL OF THE SENATE 23 and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appro­ priation for certain purposes,” by amending section 2 (MCL 28.292), as amended by 2013 PA 28. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 3 Yeas—37 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hansen Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. Senator Hildenbrand asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Hildenbrand’s statement is as follows: We from time to time have to send off some of our hardworking employees, and today I have to rise with a heavy heart to send along a hardworking staffer in my office. Laitin Schwerin will be leaving my office to pursue a career in the private sector and to pursue warmer weather, as she will become a resident of the state of Florida. I think she has had enough of the Michigan winters. Laitin has been a valuable part of my office, an important part of our team, and has been involved in a little bit of every­thing in our office. She has really been important as we got our work done in my office. She also worked for Senator Brandenburg for some time. I wanted to rise and acknowledge her for her hard work and her dedication to the Senate, to my office, and to the state of Michigan. If my colleagues and the staff could please rise and send her off in fine Senate fashion, I would greatly appreciate it. enator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Knezek admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. 24 JOURNAL OF THE SENATE [January 14, 2016] [No. 2 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:20 a.m. 11:23 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Young as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 207, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 43a and 625a (MCL 257.43a and 257.625a), section 43a as added and 625a as amended by 2014 PA 315. Substitute (S-4). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 434, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 625a (MCL 257.625a), as amended by 2015 PA 11, and by adding sections 43b and 625p. Substitute (S-4). The following are the amendments to the substitute recommended by the Committee of the Whole: 1. Amend page 1, line 8, after “IN” by striking out “3” and inserting “5”. 2. Amend page 2, line 7, after “SELECT” by striking out “3” and inserting “5”. 3. Amend page 3, line 17, after “THE” by striking out “3” and inserting “5”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4535, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 2a (MCL 28.422a), as amended by 2015 PA 3. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. No. 2] [January 14, 2016] JOURNAL OF THE SENATE 25 enators Colbeck and Pavlov offered the following resolution: S Senate Resolution No. 129. A resolution recognizing January 24 - January 30, 2016, as Michigan School Choice Week. Whereas, All children in Michigan should have the right to the highest-quality schools possible; and Whereas, Citizens across Michigan agree that improving the quality of education and expanding access to highly-effective schools should be issues of importance to our state’s leaders; and Whereas, Michigan recognizes the critical role that an effective and accountable system of education plays in preparing all children to be successful in a global economy; and Whereas, There are a multitude of high-quality public schools, public charter schools, and nonpublic schools in the state of Michigan; and Whereas, Michigan has many outstanding teaching professionals in public, private, and charter schools across the state who are committed to educating children; and Whereas, The vital cause of education reform is one that transcends ideology and political party affiliation; and Whereas, Research in Michigan and across the nation demonstrates conclusively that providing parents with multiple schooling options improves academic performance; now, therefore, be it Resolved by the Senate, That we hereby recognize January 24 - January 30, 2016, as Michigan School Choice Week, and we call this observance to the attention of all our citizens; and be it further Resolved, That a copy of this resolution be transmitted to the National School Choice Week organization with our highest esteem. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Education. The motion prevailed. Senators Booher, Green, Hildenbrand, Knollenberg and Proos were named co‑sponsors of the resolution. enators Meekhof, MacGregor, Hildenbrand, Schuitmaker, Schmidt, Hertel and Hansen offered the following resolution: S Senate Resolution No. 130. A resolution to recognize and congratulate Grand Valley State University. Whereas, Grand Valley State University, authorized by the Michigan Legislature in 1960, has grown to become the state’s fourth-largest public university; and Whereas, In April 2015, Grand Valley graduated its 100,000th student; and Whereas, Grand Valley is the state’s largest provider of allied health professionals; and Whereas, The university’s engineering, business, and teacher education programs are highly regarded; and Whereas, The pioneering work of Grand Valley in Great Lakes water research and wind energy serve the public interest; and Whereas, Grand Valley was the first university to sign reverse transfer agreements with all 28 Michigan community colleges; and Whereas, These accomplishments benefit degree holders and the state of Michigan, where the vast majority of Grand Valley graduates reside; now, therefore, be it Resolved by the Senate, That we hereby recognize and congratulate Grand Valley State University for its achievements and all it continues to do to educate the next generation of Michigan citizens. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Green, Proos and Warren were named co‑sponsors of the resolution. ouse Concurrent Resolution No. 20. H A concurrent resolution providing for a joint convention of the House of Representatives and the Senate. Resolved by the House of Representatives (the Senate concurring), That the House of Representatives and Senate meet in joint convention in the Hall of the House of Representatives, Tuesday, January 19, 2016, at 6:30 p.m., to receive the message of Governor Rick Snyder. The House of Representatives has adopted the concurrent resolution. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The concurrent resolution was adopted. Senators Bieda, Booher, Green and Proos were named co‑sponsors of the concurrent resolution. 26 JOURNAL OF THE SENATE [January 14, 2016] [No. 2 Introduction and Referral of Bills Senator Zorn introduced Senate Bill No. 703, entitled A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 57 (MCL 169.257), as amended by 2015 PA 269. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senator Casperson introduced Senate Bill No. 704, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 90h (MCL 750.90h), as added by 2011 PA 168. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senator Casperson introduced Senate Bill No. 705, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2012 PA 365. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senator Casperson introduced Senate Bill No. 706, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 725 (MCL 257.725), as amended by 1998 PA 247. The bill was read a first and second time by title and referred to the Committee on Transportation. Senator Casperson introduced Senate Bill No. 707, entitled A bill to amend 1969 PA 200, entitled “An act to regulate driveways, banners, events, and parades upon and over highways; to provide for the promulgation of rules; to prescribe requirements for the issuance of permits; and to provide for the issuance of those permits,” by amending section 7 (MCL 247.327). The bill was read a first and second time by title and referred to the Committee on Transportation. Senator Casperson introduced Senate Bill No. 708, entitled A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending sec­tion 19b of chapter IV (MCL 224.19b), as added by 1980 PA 212. The bill was read a first and second time by title and referred to the Committee on Transportation. Senator Jones introduced Senate Bill No. 709, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 401, 507, 517, 803, 808, 841, 8115, 8121a, 8123, 8159, 8162, and 8304 (MCL 600.401, 600.507, 600.517, 600.803, 600.808, 600.841, 600.8115, 600.8121a, 600.8123, 600.8159, 600.8162, and 600.8304), section 401 as amended by 2012 PA 338, section 507 as amended by 2014 PA 57, section 517 as amended by 2014 PA 56, section 803 as amended by 2012 PA 36, section 808 as amended by 2004 PA 492, sections 841 and 8304 as amended by 2013 PA 164, and sections 8121a and 8123 as amended by 2014 PA 58. The bill was read a first and second time by title and referred to the Committee on Judiciary. No. 2] [January 14, 2016] JOURNAL OF THE SENATE 27 Senator Hansen introduced Senate Bill No. 710, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending the title and sections 3, 5, 6, 11, 11a, 501, 502, 507, 522, 528, 551, 552, 561, 654, 705, 921, 1147, 1225, 1229, 1231, 1351a, and 1356 (MCL 380.3, 380.5, 380.6, 380.11, 380.11a, 380.501, 380.502, 380.507, 380.522, 380.528, 380.551, 380.552, 380.561, 380.654, 380.705, 380.921, 380.1147, 380.1225, 380.1229, 380.1231, 380.1351a, and 380.1356), the title as amended by 2003 PA 179, section 3 as amended by 2007 PA 45, section 5 as amended by 2011 PA 232, section 6 as amended by 2009 PA 205, section 11 as amended by 1995 PA 289, section 11a as amended by 2010 PA 91, sections 501, 502, 507, 522, 528, 551, and 561 as amended by 2011 PA 277, section 552 as amended by 2012 PA 129, section 705 as amended by 2003 PA 299, section 1147 as amended by 2014 PA 479, section 1225 as amended by 2012 PA 1, section 1229 as amended by 2011 PA 105, section 1231 as amended by 2002 PA 735, section 1351a as amended by 2002 PA 65, and section 1356 as amended by 2002 PA 181, and by adding sections 12b and 1284c and part 5b; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senator Hansen introduced Senate Bill No. 711, entitled A bill to amend 2014 PA 181, entitled “Michigan financial review commission act,” by amending sections 2, 3, 4, 5, 6, 7, 8, and 12 (MCL 141.1632, 141.1633, 141.1634, 141.1635, 141.1636, 141.1637, 141.1638, and 141.1642). The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 4552, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1233 (MCL 380.1233), as amended by 2000 PA 288. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Education. House Bill No. 4813, entitled A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 3e (MCL 338.883e), as added by 1990 PA 246. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. By unanimous consent the Senate returned to the order of Motions and Communications he Secretary announced that the Majority Leader has made the appointment of the following standing committee: T Regulatory Reform - Senator MacGregor replacing Senator Marleau. The standing committee appointment was approved, a majority of the members serving voting therefor. Scheduled Meetings Health Policy - Tuesday, January 19, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Judiciary - Tuesday, January 19, 3:00 p.m., Room 110, Farnum Building (373-1721) Local Government - Tuesday, January 19, 12:30 p.m., Room 100, Farnum Building (373-5312) Outdoor Recreation and Tourism - Wednesday, January 20, 12:30 p.m., Room 110, Farnum Building (373-1721) Senate Fiscal Agency Board of Governors - Thursday, January 28, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) State Drug Treatment Court Advisory Committee - Tuesday, January 19, 10:00 a.m., Legislative Council Confer­ ence Room, 3rd Floor, Boji Tower (372-0212) 28 JOURNAL OF THE SENATE [January 14, 2016] [No. 2 enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:38 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, January 19, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 3 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Tuesday, January 19, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Assistant Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—excused Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 30 JOURNAL OF THE SENATE [January 19, 2016] [No. 3 enator Marty Knollenberg of the 13th District offered the following invocation: S Dear Lord, we give You thanks, merciful God, for giving us another day to work together on behalf of our state. Together, we pray that Your Spirit will be upon the members of the people’s Senate, giving us the productivity of Your justice and Your wisdom. Lord, bless the members of the majority party as we gather together. Accompany us and allow us to travel safely and meet in Your name. Dear Lord, bless the members of the minority party as they prepare for their own gathering. Accompany them and keep them safe as they meet in Your name. Please provide all members the strength of purpose and clarity of mind to do those things that bring justice and mercy to people and enhance our freedom and liberty for the state of Michigan. Together, allow Your truth and our faith in Your glory to lead us forward on the important work that we have been called here to do. May this day be for Your honor and glory. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Hertel, Ananich and Knezek entered the Senate Chamber. enator Kowall moved that Senators Hansen and Marleau be temporarily excused from today’s session. S The motion prevailed. Senator Young moved that Senators Bieda, Gregory, Hood, Hopgood and Smith be temporarily excused from today’s session. The motion prevailed. enator Young moved that Senator Johnson be excused from today’s session. S The motion prevailed. The Secretary announced that pursuant to Rule 2.109 of the Standing Rules of the Senate, the following expense reports have been filed with the Senate Business Office for the quarter from July 1, 2015 through September 30, 2015, and are available in the Senate Business Office during business hours for public inspection: ommittee Chairperson C Agriculture Senator Joe Hune Appropriations Senator Dave Hildenbrand Banking and Financial Institutions Senator Darwin Booher Commerce Senator Wayne Schmidt Economic Development and International Investment Senator Ken Horn Education Senator Phil Pavlov Elections and Government Reform Senator David Robertson Energy and Technology Senator Mike Nofs Families, Seniors and Human Services Senator Judy Emmons Finance Senator Jack Brandenburg Government Operations Senator Arlan Meekhof Health Policy Senator Mike Shirkey Insurance Senator Joe Hune Judiciary Senator Rick Jones Local Government Senator Dale Zorn Michigan Competitiveness Senator Mike Shirkey Natural Resources Senator Tom Casperson Outdoor Recreation and Tourism Senator Goeff Hansen Oversight Senator Peter MacGregor Regulatory Reform Senator Tory Rocca Transportation Senator Tom Casperson Veterans, Military Affairs and Homeland Security Senator Margaret O’Brien No. 3] [January 19, 2016] JOURNAL OF THE SENATE 31 The Secretary announced that the following bills were printed and filed on Thursday, January 14, and are available at the Michigan Legislature website: Senate Bill Nos. 703 704 705 706 707 708 709 710 711 House Bill Nos. 5219 5220 enator Kowall moved that rule 3.902 be suspended to allow the guests of Senator O’Brien admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess until 6:00 p.m. S The motion prevailed, the time being 10:06 a.m. The Senate reconvened at the expiration of the recess and was called to order by the President, Lieutenant Gover­nor Calley. During the recess, Senators Bieda, Gregory, Hansen, Hood, Hopgood, Marleau and Smith entered the Senate Chamber. Senator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved that rule 3.902 be suspended to allow the guests of all Senators admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 6:01 p.m. 6:17 p.m. The Senate was called to order by the President, Lieutenant Governor Calley. Joint Convention The Sergeant at Arms announced a committee from the House of Representatives: Representatives Afendoulis, LaFontaine, Clemente and Hoadley, who, through their chairperson, reported that the House was ready to meet with the Senate in Joint Convention. The President, Lieutenant Governor Calley, announced that the hour had arrived for the meeting of the two houses in Joint Convention. Senator Kowall moved that the Senate recess for the purpose of proceeding to the Hall of the House of Representatives for the Joint Convention. The motion prevailed, the time being 6:19 p.m. (For proceedings in Joint Convention, see House Journal No. 3, p. 30.) The Senate reconvened at the expiration of the recess at 8:03 p.m. and pursuant to rule 1.101, in the absence of the Presiding Officers, was called to order by the Secretary of the Senate. The Secretary of the Senate announced that the Senate had attended the Joint Convention in the Hall of the House of Representatives and had received the State of the State message by Governor Snyder. 32 JOURNAL OF THE SENATE [January 19, 2016] [No. 3 Committee Reports COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, January 19, 2016, at 12:30 p.m., Room 100, Farnum Building Present: Senators Zorn (C), Proos, Brandenburg, Rocca and Young Scheduled Meetings Criminal Justice Policy Commission - Wednesday, February 3, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Economic Development and International Investment - Thursday, January 21, 1:30 p.m., Room 210, Farnum Building (373-5323) Families, Seniors and Human Services - Wednesday, January 20, 3:00 p.m., Room 210, Farnum Building (373-5323) Natural Resources - Wednesday, January 20, 12:30 p.m., Room 210, Farnum Building (373-5314) Outdoor Recreation and Tourism - Wednesday, January 20, 12:30 p.m., Room 110, Farnum Building (373-1721) Senate Fiscal Agency Board of Governors - Thursday, January 28, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 8:04 p.m. The Secretary of the Senate declared the Senate adjourned until Wednesday, January 20, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 4 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Wednesday, January 20, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 34 JOURNAL OF THE SENATE [January 20, 2016] [No. 4 Pastor Chris Todd of Oxbow Lake Baptist Church of White Lake Township offered the following invocation: Father in heaven, Creator of heaven and earth, Creator of this great state that we call Michigan, Lord, thank You for this beautiful place that we have the privilege to call home; Lord, for the wonder and majesty of this natural beauty that reveals Your goodness toward us; Lord, from the mountains to the sand dunes, the miles of shorelines, and the beautiful forests in between, all for us to enjoy. Lord, today we pray Your blessings on the people who make up the state of Michigan. Lord, may You be with them with health and prosperity. Lord, it is the love of this state and the people thereof that assembles us here today. Lord, You have entrusted these men and women to care and lead the people here. Lord, give them wisdom. Help them to be an example that we can all look to that goes beyond reproach. Lord, help them to lead in such a manner that will make us proud to be called Michiganders. Lord, protect them and protect their families. Lord, bless and protect our brave servicemen and women who are fighting for our rights. Lord, we ask that You be with our first responders. Lord, the best I can pray for anyone is that they each might know You through Your Son, the Lord Jesus Christ, in whose name I pray. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Stamas admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. enator Hood moved that Senators Johnson, Smith and Young be temporarily excused from today’s session. S The motion prevailed. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:06 a.m. 10:59 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senators Johnson, Smith and Young entered the Senate Chamber. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. Senators Hood, Hertel, Bieda, Knezek, Gregory, Hopgood, Warren, Young, Smith and Ananich offered the following resolution: Senate Resolution No. 131. A resolution to amend the Standing Rules of the Senate. Resolved by the Senate, That Rule 3.314 of the Standing Rules of the Senate is hereby added to read as follows: “3.314 MOTION RELATED TO LEGISLATIVE STAFF A MOTION THAT HAS THE STATED INTENT OR PRACTICAL EFFECT OF RESTRICTING FLOOR PRIVILEGE FOR LEGISLATIVE STAFF BASED UPON STAFF’S POLITICAL PARTY OR CAUCUS MEMBERSHIP SHALL NOT BE IN ORDER.” Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations. Senator Johnson was named co‑sponsor of the resolution. No. 4] [January 20, 2016] JOURNAL OF THE SENATE 35 Senators Emmons, Schmidt, Proos, Pavlov, Booher, Green, Colbeck, Hansen, Jones, Marleau, Rocca, Horn, Knollenberg, Shirkey, O’Brien, Zorn, MacGregor, Warren, Gregory, Young, Smith, Hood, Nofs, Casperson, Stamas and Hune offered the following resolution: Senate Resolution No. 132. A resolution designating January 11, 2016, as Human Trafficking Awareness Day. Whereas, Human trafficking is a modern-day form of slavery involving the illegal trade of people for exploitation or commercial gain; and Whereas, Human trafficking is the fastest-growing crime in the world, second only to drug trafficking, according to the U.S. Department of State; and Whereas, The best estimates indicate that approximately $87 million per day is made off of sex-trafficking victims; and Whereas, Michigan was named the most improved state in 2015 for its laws addressing child sex trafficking, according to Shared Hope International; and Whereas, Michigan has gained national attention on both the state and federal levels and is now a model state after passing effective legislation in 2013-2014 to help combat human trafficking and strengthen victim rights; and Whereas, This legislative body encourages all Michiganders to use this day as an opportunity to educate themselves about human trafficking and be aware of how prevalent it is in our state; and Whereas, We support victims of human trafficking who have yet to escape or be liberated and offer the gravest concern for those who have had loved ones become victims to human trafficking; and Whereas, We commend the individuals who have been victims of trafficking and have survived to overcome the atrocity and continue to support all who have dedicated themselves to putting an end to human trafficking within Michigan; now, therefore, be it Resolved by the Senate, That we join together in recognizing January 11, 2016, as Human Trafficking Awareness Day in Michigan. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Brandenburg, Hertel, Hopgood and Johnson were named co‑sponsors of the resolution. enators Ananich, Young, Hertel, Warren, Knezek, Hopgood, Gregory and Bieda offered the following resolution: S Senate Resolution No. 133. A resolution to extend subpoena power to the Senate Government Operations Committee. Whereas, Full access to accurate information is essential for sound decision making by any public or private body. Section 1 of 1952 PA 46, being MCL 4.541, provides, in part, that: “…any standing or select committee of the senate or the house of representatives, and any joint select committee of the senate and house of representatives, shall be authorized to subpoena and have produced before any such committee, or inspect the records and files of any state department, board, institution or agency; and it shall be the duty of any state department, board, institution or agency to produce before the committee as required by the subpoena, or permit the members of any such committee to inspect its records and files.” ; and Whereas, Pursuant to Rule 2.102 of the Standing Rules of the Senate, the authority for a committee to issue subpoenas shall be granted by resolution; now, therefore, be it Resolved by the Senate, That, pursuant to MCL 4.541 and Rule 2.102 of the Standing Rules of the Senate, subpoena power is hereby granted to the Senate Government Operations Committee for the purposes of conducting a series of hearings to exercise oversight with respect to water safety issues in the city of Flint, which occurred after a state-appointed emergency financial manager ordered the city’s water supply be changed to the Flint River, and state environmental quality officials properly regulated neither the treatment of the new water source nor the response to this crisis as conducted by various state departments. Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations. Senators Hood and Johnson were named co‑sponsors of the resolution. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 207 Senate Bill No. 434 The motion prevailed. 36 JOURNAL OF THE SENATE [January 20, 2016] [No. 4 The following bill was read a third time: Senate Bill No. 207, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding sections 62a, 625r, and 625s. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 4 Yeas—29 Booher Hopgood Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Smith Green Kowall Proos Stamas Hansen MacGregor Robertson Zorn Hildenbrand Nays—9 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 434, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding sections 43b and 625q. The question being on the passage of the bill, Senator Bieda offered the following amendment: 1. Amend page 3, line 14, by striking out all of subsection (8) and renumbering the remaining subsection. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 5 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith No. 4] [January 20, 2016] JOURNAL OF THE SENATE 37 Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Excused—0 Not Voting—0 In The Chair: President he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 6 Yeas—28 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Smith Green Kowall Proos Stamas Hansen MacGregor Robertson Zorn Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. Senator Bieda asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. 38 JOURNAL OF THE SENATE [January 20, 2016] [No. 4 Senator Bieda’s statement is as follows: I rise to speak to this amendment. I supported this bill in committee, but the new substitute added in committee has raised some concerns for me. In the form that passed committee, this bill would have allowed the State Police to implement a road­ side drug testing pilot program in three counties for a one-year period. I thought that was an appropriate way to proceed given the concerns associated with testing for marijuana and other controlled substances. However, the bill has now been substituted to provide that an unlimited number of additional pilot programs in other counties may be added after the first round of pilot programs conclude. I don’t think that this program should be allowed to continue into perpetuity without legislative approval. For that reason, I am offering this amendment to ensure that the bill is limited to the initial one-year pilot in five counties. At the end of that one-year period, the Legislature in their appropriate role in overseeing the executive branch will have the opportunity to review reports submitted by the State Police, and at that time, we can decide whether we want to continue supporting this program. I ask my colleagues for their support. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senators Marleau, Jones and Kowall introduced Senate Bill No. 712, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 531 (MCL 436.1531), as amended by 2014 PA 135. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Committee Reports The Committee on Health Policy reported Senate Bill No. 680, entitled A bill to amend 1968 PA 173, entitled “An act naming certain state buildings,” (MCL 19.131 to 19.132) by adding section 3. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Tuesday, January 19, 2016, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Scheduled Meetings Appropriations Subcommittee K-12, School Aid, Education - Wednesday, January 27, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Criminal Justice Policy Commission - Wednesday, February 3, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) No. 4] [January 20, 2016] JOURNAL OF THE SENATE 39 Economic Development and International Investment - Thursday, January 21, 1:30 p.m., Room 210, Farnum Building (373-5323) Senate Fiscal Agency Board of Governors - Thursday, January 28, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Transportation - Thursday, January 21, 8:30 a.m., Room 210, Farnum Building (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:13 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, January 21, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 40 No. 5 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Thursday, January 21, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—excused Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—excused Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—excused Stamas—present Warren—present Young—present Zorn—present 42 JOURNAL OF THE SENATE [January 21, 2016] [No. 5 Reverend Paul Pratt of First Reformed Church of Grandville offered the following invocation: We humbly come before You, God, as we seek Your wisdom and guidance for the work that we have before us today. You have seen fit over the years to choose men and women to be in positions of authority over Your people; men and women who have the gifts of leadership, wisdom, discernment, intellect, and wise counsel. We pray this morning that those gathered in this room may seek to use those gifts in the way that You intended them to be used. In Your leaders, O Lord, You seek humility, not arrogance; You seek compassion, not personal gain; You seek good for all of Your beloved children, not the elevation of one over another. As we embark on the work before us, we seek the absence of ego; the restraint of wicked thought or tongue; the release of anxiety; and the desire for common ground. Allow nothing to get in the way of healthy discussion and discernment that leads to solutions for the good of all. When those present must agree to disagree, Lord, let it be with respect for one another, with passionate engagement, and without malice, anger, or hard feelings toward another. You have promised good to those who seek Your path of wisdom and understanding. We seek Your blessing on all that happens here today, that it might be done according to Your will and to Your honor and glory. Allow what is accomplished today to be done with integrity and respect as we all seek what is best for those who live in this great state; the mighty and lowly; great leaders and humble men and women; those who have served You amid prosperity; and those who in the day of trouble have not failed You. We remember with thanksgiving and praise all of Your faithful servants who throughout centuries have witnessed to Your name, especially the brave and courageous soldiers in our country’s history who have secured for us the freedoms that we all enjoy. We are humbled and grateful for their sacrifice and service to our nation. We also ask that You hold our current military men and women in Your strong arms. Cover them with Your sheltering grace as they stand in the gap for our protection. Remember the families of our troops, O Lord, and allow Your unique blessings to fill their homes with Your peace, provision, and strength. May the members of our armed forces be filled with courage to face each day, and may they trust in Your mighty power to accomplish each task that our nation asks of them. Let them feel our love and support. Lord, our state and our nation aren’t perfect, and so we seek Your guidance each and every day for our leaders who regularly face very difficult decisions. May they do their work without compromise and without personal gain, that our world will become a place of justice and of peace. And, today, we pray earnestly for the time when our swords and spears will be turned into plowshares and pruning hooks and for the day of peace to arrive. This is our heart’s desire. I pray these things in the name of Jesus. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Schuitmaker, Casperson and Proos entered the Senate Chamber. enator Kowall moved that Senators Hildenbrand and Meekhof be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senator Brandenburg be excused from today’s session. S The motion prevailed. enator Hood moved that Senators Young and Ananich be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Johnson and Smith be excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators MacGregor, Casperson and Emmons admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. No. 5] [January 21, 2016] JOURNAL OF THE SENATE 43 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:07 a.m. 10:20 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator Emmons introduced the Ithaca High School Football Team, 2015 MHSAA Division 6 State Champions, Head Coach Terry Hessbrook, and assistant coaches; and presented them with a Special Tribute. Coach Hessbrook responded briefly. During the recess, Senators Ananich, Meekhof, Hildenbrand and Young entered the Senate Chamber. By unanimous consent the Senate proceeded to the order of Messages from the House Senate Bill No. 232, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 2 (MCL 205.92), as amended by 2013 PA 234. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 233, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1 (MCL 205.51), as amended by 2013 PA 160. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Third Reading of Bills Senator Kowall moved that the following bill be placed at the head of the Third Reading of Bills calendar: House Bill No. 4535 The motion prevailed. The following bill was read a third time: House Bill No. 4535, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 2a (MCL 28.422a), as amended by 2015 PA 3. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 44 Roll Call No. 7 JOURNAL OF THE SENATE [January 21, 2016] [No. 5 Yeas—32 Ananich Hansen Bieda Hertel Booher Hildenbrand Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Proos Kowall Robertson MacGregor Rocca Marleau Schmidt Meekhof Schuitmaker Nofs Shirkey O’Brien Stamas Pavlov Zorn Nays—3 Hood Warren Young Excused—3 Brandenburg Johnson Smith Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. enator Meekhof offered the following resolution: S Senate Resolution No. 134. A resolution to amend the Standing Rules of the Senate. Resolved by the Senate, That Rule 2.103 of the Standing Rules of the Senate be hereby amended to read as follows: “2.103 STANDING COMMITTEES The standing committees of the Senate shall be: Agriculture (5 members) Appropriations (17 members) Banking and Financial Institutions (8 members) Commerce (5 members) Economic Development and International Investment (7 members) No. 5] [January 21, 2016] JOURNAL OF THE SENATE 45 ducation (5 members) E Elections and Government Reform (5 members) Energy and Technology (10 members) Families, Seniors and Human Services (5 members) Finance (7 members) Government Operations (5 members) Health Policy (10 members) Insurance (9 10 members) Judiciary (5 members) Local Government (5 members) Michigan Competitiveness (5 members) Natural Resources (5 members) Outdoor Recreation and Tourism (5 members) Oversight (5 members) Regulatory Reform (9 members) Transportation (5 members) Veterans, Military Affairs and Homeland Security (5 members) Statutory standing committees: Administrative Rules (5 members) (see MCL 24.235) Legislative Council (6 members and 3 alternates) (see MCL 4.1103) Legislative Retirement Board of Trustees (2 members) (see MCL 38.1026) Michigan Capitol Committee (4 members) (see MCL 4.1701)”. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted, a majority of the members serving voting therefor. Senators Booher, Hansen, Marleau and Proos were named co‑sponsors of the resolution. By unanimous consent the Senate returned to the order of Motions and Communications The Secretary announced that the Majority Leader has made the appointment of the following standing committee: Insurance - Senator Marleau. The standing committee appointment was approved, a majority of the members serving voting therefor. The following communication was received: Office of Senator Curtis Hertel Jr. January 19, 2016 I am writing to request my addition in co‑sponsorship of Senate Bill 680, sponsored by Senator MacGregor. Please feel free to contact me if you need any further information. Sincerely, Curtis Hertel Jr. State Senator District 23 The communication was referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, January 20: House Bill Nos. 4187 4980 5001 5220 The Secretary announced that the following bills were printed and filed on Wednesday, January 20 and are available at the Michigan Legislature website: Senate Bill No. 712 House Bill Nos. 5221 5222 5223 5224 5225 5226 46 JOURNAL OF THE SENATE [January 21, 2016] [No. 5 By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senators Pavlov, Hune, Robertson and Hansen introduced Senate Bill No. 713, entitled A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending sections 2a and 6 (MCL 423.202a and 423.206), section 2a as added and section 6 as amended by 1994 PA 112. The bill was read a first and second time by title and referred to the Committee on Education. Senators Robertson, Pavlov, Hune and Hansen introduced Senate Bill No. 714, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1535b. The bill was read a first and second time by title and referred to the Committee on Education. Senators Hune, Pavlov, Robertson and Hansen introduced Senate Bill No. 715, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” (MCL 388.1601 to 388.1896) by adding section 164g. The bill was read a first and second time by title and referred to the Committee on Education. Senators Young, Hertel, Warren, Knezek, Gregory, Bieda, Ananich, Hopgood, Hood, Johnson and Smith introduced Senate Bill No. 716, entitled A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending section 2 (MCL 15.232), as amended by 1996 PA 553. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senator Casperson introduced Senate Bill No. 717, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21304c, 21310a, 21323a, and 21325 (MCL 324.21304c, 324.21310a, 324.21323a, and 324.21325), sections 21304c, 21310a, and 21323a as amended by 2012 PA 446 and section 21325 as added by 2012 PA 108, and by adding section 21325a. The bill was read a first and second time by title and referred to the Committee on Natural Resources. House Bill No. 4187, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 377d; and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4980, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12f of chapter XVII (MCL 777.12f), as amended by 2014 PA 220. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5001, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17959 (MCL 333.17959), as amended by 2010 PA 304. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Health Policy. No. 5] [January 21, 2016] JOURNAL OF THE SENATE 47 House Bill No. 5220, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. Statements Senators Young and Bieda asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Young’s statement is as follows: Colleagues, I’s like to start with a quote. The great Reverend Jesse Jackson said, “Leadership cannot just go along to get along. Leadership must meet the moral challenge of the day.” And the moral challenge of the day is giving Michiganders the accountability and truth they deserve, because if the public health crisis in Flint has taught us anything, it’s that having guaranteed access to information could help save lives. After the crisis in Flint, where 10 people have already lost their lives, where mothers have buried their sons, where fathers have buried their daughters, where family members have seen their loved ones buried in the ground, they deserve nothing but the truth and the whole truth. Just yesterday, Governor Snyder added caveats and qualifications to the promise he made during his State of the State address. He released his e-mails, but he didn’t release e-mails from anyone else on his staff. The very first e-mail he released was completely redacted. That’s why the need to act is so urgent. We can’t let politicians pick and choose what is and what isn’t relevant; not when it’s possible that lives could be at stake. That’s why I have introduced Senate Bill No. 716. My bill will require legislators and the Governor to comply with Freedom of Information Act requests. Right now, Michigan is only one of two states that allow elected officials to ignore FOIA requests. That makes it harder for individuals and reporters to investigate potential wrongdoing. If the people can’t keep tabs on the government, who will watch the watchdogs? Michigan voters shouldn’t have to rely on a politician to willingly release records, especially when there is not a guarantee that those records will be full and complete. It’s like expecting a habitual liar to start telling the truth. We need the Freedom of Information Act to keep our government honest. As my friend from the 9th District has said time and time again, “Michiganders deserve better than an ‘F’ in transparency.” We are elected to the office by the people and for the people, and we get to serve at their discretion. We owe them the whole truth. Mr. President, it is time that this chamber does the right thing because it’s the right thing to do. As President Lincoln said, “Politicians should stand up for what is right, no matter who is against it; and be opposed to what is wrong, no matter who is for it.” Mr. President, we need to pass my legislation, Senate Bill No. 716, because it is the right thing to do. enator Bieda’s statement is as follows: S I am rising to make a statement because we had Martin Luther King, Jr. Day this week. I ran across a quote that seems very appropriate today. It was made in Springfield, Illinois, on October 7, 1965, by Dr. Martin Luther King in regard to the labor movement and dealing with issues relating to labor: “The labor movement was a principal force that transformed misery and despair into hope and progress. Out of its bold struggles, economic and social reform gave birth to unemployment insurance, old age pensions, government relief for the destitute, and, above all, new wage levels that meant not mere survival but a tolerable life. The captains of industry did not lead this transformation; they resisted it until they were overcome. When in the thirties the wave of union organization crested over the nation, it carried to secure shores not only itself but the whole society. Civilization began to grow in the economic life of man, and a decent life with a sense of security and dignity became a reality rather than a distant dream. It is a mark of our intellectual backwardness that these monumental achievements of labor are still only dimly seen, and in all too many circles the term ‘union’ is still synonymous with self-seeking, power hunger, racketeering, and cynical coercion. There have been and still are wrongs in the trade union movement, but its share of credit for triumphant accomplishments is substantially denied in the historical treatment of the nation’s progress.” I think this statement is as timely today as it was over 50 years ago. Committee Reports The Committee on Judiciary reported Senate Bill No. 597, entitled A bill relating to certain trusts; to provide for the powers and procedures of the court that has jurisdiction of certain trusts; to provide for the validity and effect of certain transfers and contracts that relate to certain trusts; to provide remedies; and to provide procedures to facilitate enforcement of certain trusts. 48 JOURNAL OF THE SENATE [January 21, 2016] [No. 5 ith the recommendation that the substitute (S-1) be adopted and that the bill then pass. W The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 598, entitled A bill to amend 1998 PA 434, entitled “Uniform fraudulent transfer act,” by amending sections 1, 4, and 9 (MCL 566.31, 566.34, and 566.39), section 1 as amended by 2009 PA 44. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 632, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 308, 846, 866, and 867 (MCL 600.308, 600.846, 600.866, and 600.867), section 308 as amended by 2013 PA 164 and section 846 as amended by 1989 PA 70; and to repeal acts and parts of acts. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 633, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 1303 (MCL 700.1303), as amended by 2000 PA 54. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 709, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 401, 507, 517, 803, 808, 841, 8115, 8121a, 8123, 8159, 8162, and 8304 (MCL 600.401, 600.507, 600.517, 600.803, 600.808, 600.841, 600.8115, 600.8121a, 600.8123, 600.8159, 600.8162, and 600.8304), section 401 as amended by 2012 PA 338, section 507 as amended by 2014 PA 57, section 517 as amended by 2014 PA 56, section 803 as amended by 2012 PA 36, section 808 as amended by 2004 PA 492, sections 841 and 8304 as amended by 2013 PA 164, and sections 8121a and 8123 as amended by 2014 PA 58. No. 5] [January 21, 2016] JOURNAL OF THE SENATE 49 With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: Senator Bieda The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, January 19, 2016, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda he Committee on Natural Resources reported T Senate Resolution No. 12. A resolution to support ending water diversions from the Great Lakes through Chicago. (For text of resolution, see Senate Journal No. 12 of 2015, p. 131.) With the recommendation that the following substitute (S-1) be adopted and that the resolution then be adopted: A resolution to support ending water diversions from the Great Lakes through Chicago if necessary to prevent Asian carp from entering the Great Lakes and all other options have been exhausted that would enable shipping to continue. Whereas, In recent years, Lake Michigan and Lake Huron have approached historic low levels. These low levels have a dramatic impact on state and local economies in Michigan and the other Great Lakes states. Commercial shippers have been forced to carry far less than full loads to avoid running aground, raising the cost of shipping goods. Many harbors are too shallow for recreational boats to navigate safely, denying coastal communities the significant revenue and jobs generated by these boaters; and Whereas, Billions of gallons of Great Lakes water are diverted annually out of the Great Lakes through the man-made Chicago Sanitary and Ship Canal. At its authorized rate, the loss of this water lowers Lake Michigan and Lake Huron by 2.5 inches, contributing to low water level emergencies as last occurred in 2013; and Whereas, The impact of this diversion on water levels may be even greater. The canal system has the capacity to divert nearly three times as much water, and there is a demonstrated history of flows exceeding the authorized diversion rates. Yet the actual diversion of water through Chicago over the last few years is unknown. Since 2012, the U.S. Army Corps of Engineers has failed to produce a report accounting for how much water is being diverted; and Whereas, The Chicago Sanitary and Ship Canal also serves as a pathway for Asian carp and other harmful species to invade the Great Lakes. Invasive species established in the Great Lakes already cost the region more than $100 million per year. Asian carp could add dramatically to this cost if they move through the canal into the Great Lakes; and Whereas, The costs of maintaining water diversions through Chicago outweigh any benefits to the Chicago area. The health of the Great Lakes must no longer take a back seat. Every inch of water makes a difference to the people, businesses, and communities that rely on the Great Lakes; now, therefore, be it Resolved by the Senate, That we support ending water diversions from the Great Lakes through Chicago if necessary to prevent Asian carp from entering the Great Lakes and all other options have been exhausted that would enable shipping to continue; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Pavlov, Robertson, Stamas and Warren Nays: None The resolution and the substitute recommended by the committee were placed on the order of Resolutions. COMMITTEE ATTENDANCE REPORT he Committee on Natural Resources submitted the following: T Meeting held on Wednesday, January 20, 2016, at 12:30 p.m., Room 210, Farnum Building Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren 50 JOURNAL OF THE SENATE [January 21, 2016] [No. 5 The Committee on Outdoor Recreation and Tourism reported Senate Bill No. 521, entitled A bill to create the Michigan historical commission; and to prescribe its powers and duties. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Goeffrey M. Hansen Chairperson To Report Out: Yeas: Senators Hansen, Zorn, Schmidt, Green and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Outdoor Recreation and Tourism reported Senate Bill No. 522, entitled A bill to create the Michigan historical center; to prescribe the authority of the center; to provide for the archives of Michigan and the Michigan historical museum to be under the control and supervision of the center; to provide stewardship for the museum and archival collection of this state; to provide for the management of state and local government records of archival value; to prescribe the powers and duties of certain state and local agencies and officials; and to repeal acts and parts of acts. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Goeffrey M. Hansen Chairperson To Report Out: Yeas: Senators Hansen, Zorn, Schmidt, Green and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Outdoor Recreation and Tourism reported House Bill No. 5023, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 75102 (MCL 324.75102), as amended by 2012 PA 251. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Goeffrey M. Hansen Chairperson To Report Out: Yeas: Senators Hansen, Zorn, Schmidt, Green and Johnson Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Outdoor Recreation and Tourism submitted the following: T Meeting held on Wednesday, January 20, 2016, at 12:30 p.m., Room 110, Farnum Building Present: Senators Hansen (C), Zorn, Schmidt, Green and Johnson COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, January 21, 2016, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood No. 5] [January 21, 2016] JOURNAL OF THE SENATE 51 Scheduled Meetings Appropriations Subcommittee K-12, School Aid, Education - Wednesday, January 27, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Criminal Justice Policy Commission - Wednesday, February 3, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Health Policy - Tuesday, February 2, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Insurance - Wednesday, January 27, 2:00 p.m., Room 100, Farnum Building (373-5312) Senate Fiscal Agency Board of Governors - Thursday, January 28, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:42 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, January 26, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 52 No. 6 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Tuesday, January 26, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 54 JOURNAL OF THE SENATE [January 26, 2016] [No. 6 enator Kenneth B. Horn of the 32nd District offered the following invocation: S Eternal God, we give You thanks for giving us another glorious, even if a bit overcast, Pure Michigan day. I know, dear Lord, that it seems we come to You only when we have troubles in our lives. We come to You with prayer lists filled with immediate needs, relief for today’s hurts, and for wisdom to solve today’s problems. I’m pretty sure that our long-term problems are less than a blink of an eye for You. Help us to think more about what You’d like us to think about, like eternal life. As You guide us with Your wisdom today, we ask not for simple earthly things, but rather that You help us make the simple earthly things count. What this body does to help the good people of Flint, Lord, make it count. As this Legislature works to help the students in Detroit, Lord, please make those choices count. As we receive pleas of help from our neighbors and constituents, please put it in our hearts to offer wise counsel that makes a difference in their lives; make it count, O Lord. For the mistakes in our past and the things we just can’t change, at least make them count for something. We in this this chamber are glad to be alive and ready to serve You. As this day progresses, Lord, grant that we might be good in thought, gracious in word, generous in deed, and great in spirit. In the name of the Father, the Son, and the Holy Spirit, the children of God will say, Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications The following communication was received and read: Office of the Auditor General January 22, 2016 nclosed is a copy of the following Reports on Internal Control, Compliance, and Other Matters for the fiscal year ended E September 30, 2015: • Michigan Judges’ Retirement System • Michigan State Police Retirement System • Michigan Legislative Retirement System Sincerely, Doug Ringer Auditor General The audit reports were referred to the Committee on Government Operations. The following communication was received: Office of Senator Curtis Hertel Jr. January 21, 2016 I am writing to request my addition in co‑sponsorship of Senate Bill 644, sponsored by Senator Stamas. Please feel free to contact me if you need any further information. Sincerely, Curtis Hertel Jr. State Senator District 23 The communication was referred to the Secretary for record. The Secretary announced that the following bills were printed and filed on Thursday, January 21, and are available at the Michigan Legislature website: Senate Bill Nos. 713 714 715 716 717 House Bill Nos. 5227 5228 5229 5230 Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Zorn and Pavlov admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. enator Hood moved that Senator Johnson be temporarily excused from today’s session. S The motion prevailed. No. 6] [January 26, 2016] JOURNAL OF THE SENATE 55 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Zorn as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill: Senate Bill No. 680, entitled A bill to amend 1968 PA 173, entitled “An act naming certain state buildings,” (MCL 19.131 to 19.132) by adding section 3. The bill was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senator Johnson entered the Senate Chamber. Senator Pavlov asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Pavlov’s statement is as follows: It is a great pleasure to recognize Tyler VanHuyse and Reed Honzinski for their months of dedication and commitment to the Michigan State Senate. I am pleased to offer my congratulations to both Reed and Tyler for their exceptional work ethic, serving the constituents of the 25th Senate District and the state of Michigan. Reed is currently finishing his senior year at Michigan State University, where he is enrolled at the James Madison College. Tyler is in his sophomore year at Michigan State, and he is also studying at James Madison College. Both of these outstanding individuals have done everything from fielding phone calls to case work and researching legislation. They have been an asset to the Michigan Senate and the constituents of the 25th District. It is difficult to see them go, but I know that they will also be an asset to Michigan State University as they finish their studies. Thank you, Reed and Tyler, for your service, and I wish you the best in every future endeavor. Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 Senate Resolution No. 12 The motion prevailed. enators Pavlov, Hansen, Zorn, Stamas, Proos and Hildenbrand offered the following resolution: S Senate Resolution No. 135. A resolution to commemorate January 31 - February 6, 2016, as Catholic Schools Week. Whereas, There are 53,364 students attending 228 Catholic elementary and high schools throughout our great state; and Whereas, The Constitution of Michigan states: “Religion, morality and knowledge being necessary to good government and the happiness of mankind, schools and the means of education shall forever be encouraged”; and Whereas, Catholic school parents pay tuition in addition to supporting public schools through their taxes; and Whereas, Catholic schools comply with the same health, safety, and general welfare regulations required of public schools, but without compensation from the state government; and Whereas, The viability of Catholic schools should be encouraged so that declines in Catholic school enrollment, which necessitate increases in public expenditures in the School Aid Fund, can be avoided; and Whereas, Catholic schools instill a broad, values-based education, emphasizing the lifelong development of moral, intel­ lectual, and social values in young people, making them responsible citizens of our state and nation; and Whereas, Catholic schools educate many students who are non-Catholic and many students who are economically dis­ad­ vantaged, ensuring that a good education remains the single best way out of poverty; and Whereas, With their traditionally high academic standards, high graduation rates, and commitment to community service, Catholic schools and their graduates make a positive contribution to society; and 56 JOURNAL OF THE SENATE [January 26, 2016] [No. 6 Whereas, January 31 - February 6, 2016, has been designated as Catholic Schools Week, with the theme “Catholic Schools: Communities of Faith, Knowledge and Service,” as denoted by the National Catholic Educational Association and the United States Conference of Catholic Bishops; and Whereas, The common good of the state of Michigan is strengthened through the continued existence of Catholic schools; and Whereas, Catholic schools are part of a solution to support families and to build productive lives for future generations; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate January 31 - February 6, 2016, as Catholic Schools Week in the state of Michigan. We support the continued dedication of Catholic schools across Michigan toward academic excellence and the key role Catholic schools play in promoting and ensuring a brighter, stronger future for students; and be it further Resolved, That a copy of this resolution be transmitted to the Michigan Catholic Conference with our highest esteem. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Brandenburg, Casperson, Colbeck, Green, Gregory, Horn, Knollenberg, MacGregor, Marleau, O’Brien and Schmidt were named co‑sponsors of the resolution. Introduction and Referral of Bills Senators Hertel, Young, Knezek and Hood introduced Senate Bill No. 718, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1160. The bill was read a first and second time by title and referred to the Committee on Education. Senator Booher introduced Senate Bill No. 719, entitled A bill to amend 2005 PA 244, entitled “Deferred presentment service transactions act,” by amending section 35 (MCL 487.2155). The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. Senators MacGregor, Schuitmaker and Zorn introduced Senate Bill No. 720, entitled A bill to amend 1970 PA 169, entitled “Local historic districts act,” by amending sections 1a, 3, 5, 9, and 14 (MCL 399.201a, 399.203, 399.205, 399.209, and 399.214), sections 1a and 5 as amended by 2004 PA 67, sections 3 and 9 as amended by 2001 PA 67, and section 14 as added by 1992 PA 96. The bill was read a first and second time by title and referred to the Committee on Local Government. Senator Horn introduced Senate Bill No. 721, entitled A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 57 (MCL 169.257), as amended by 2015 PA 269. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Committee Reports The Committee on Families, Seniors and Human Services reported Senate Bill No. 659, entitled A bill to amend 2008 PA 525, entitled “Fostering futures scholarship trust fund act,” by amending section 3 (MCL 722.1023), as amended by 2014 PA 530. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson No. 6] [January 26, 2016] JOURNAL OF THE SENATE 57 To Report Out: Yeas: Senators Emmons, Pavlov, Jones and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Families, Seniors and Human Services submitted the following: T Meeting held on Wednesday, January 20, 2016, at 3:00 p.m., Room 210, Farnum Building Present: Senators Emmons (C), Pavlov, Jones and Johnson Excused: Senator Casperson The Committee on Economic Development and International Investment reported Senate Bill No. 673, entitled A bill to amend 2000 PA 146, entitled “Obsolete property rehabilitation act,” by amending section 16 (MCL 125.2796), as amended by 2010 PA 137. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Kenneth B. Horn Chairperson To Report Out: Yeas: Senators Horn, Schmidt, Stamas, Emmons, Warren and Bieda Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Economic Development and International Investment submitted the following: T Meeting held on Thursday, January 21, 2016, at 1:30 p.m., Room 210, Farnum Building Present: Senators Horn (C), Schmidt, Stamas, Emmons, Warren and Bieda Excused: Senator Brandenburg Scheduled Meetings Appropriations - Wednesday, January 27, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-1801) Subcommittees Agriculture and Rural Development - Tuesdays, February 23, March 1, March 8, March 15, and March 22, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Corrections, Judiciary, and Judiciary Standing Committee - Wednesday, January 27, 9:00 a.m., Rooms 402 and 403, Capitol Building (373-2768) K-12, School Aid, Education - Wednesday, January 27, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) (CANCELED) State Police and Military Affairs - Tuesdays, February 23, March 1, March 8, and March 15, 8:30 a.m., Rooms 402 and 403; March 22, 8:30 a.m., Room 405; and May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Commerce - Wednesday, January 27, 9:00 a.m., Room 210, Farnum Building (373-5312) Criminal Justice Policy Commission - Wednesday, February 3, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) 58 JOURNAL OF THE SENATE [January 26, 2016] [No. 6 Health Policy - Tuesday, February 2, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Insurance - Wednesday, January 27, 2:00 p.m., Room 100, Farnum Building (373-5312) Judiciary, Corrections Appropriations Subcommittee, and Judiciary Appropriations Subcommittee - Wednesday, January 27, 9:00 a.m., Rooms 402 and 403, Capitol Building (373-1721) Natural Resources - Wednesday, January 27, 12:30 p.m., Room 210, Farnum Building (373-5314) Senate Fiscal Agency Board of Governors - Thursday, January 28, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Transportation - Thursday, January 28, 8:30 a.m., Room 210, Farnum Building (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:14 a.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Wednesday, January 27, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 7 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Wednesday, January 27, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—excused Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 60 JOURNAL OF THE SENATE [January 27, 2016] [No. 7 astor Bruce Ballast of Covenant Life Church of Grand Haven offered the following invocation: P Loving Father, first, we want to say thank You. Thank You for so many good things that You give us—life, health, and friendships. Today we especially thank You for the opportunity that we have to be involved in useful work and for the honor of bearing responsibility. We come here today because this body has work to do on behalf of the people of this state. You said that You have estab­ lished the authority of this group of people to promote peace, order, and justice. I thank You for these men and women and their willingness to step up to this great duty. I pray for this assembled group, and I ask that You would graciously grant them wisdom to govern. That is indeed a challenge in this day of many conflicting interests and issues. Grant them a keen sense of the welfare and true needs of our people. Give them a thirst for justice and for righteousness in our society. Provide them confidence in Your leading so they may have confidence in their decisions. Give them the ability to work together in harmony, even when there is honest disagreement. I also pray for personal peace and joy. As their agenda is before them, use them to be a blessing to all of us who call Michigan home. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Casperson and Green entered the Senate Chamber. enator Hood moved that Senator Johnson be excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow his guests and the guests of Senator Knollenberg admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. Senators Meekhof and Knollenberg asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Meekhof’s statement is as follows: I rise today to acknowledge the work of a man to whom few can hold a candle. I am sure all of you in this chamber know Dennis Muchmore. Dennis recently retired as our Governor’s chief of staff. I want to take a few minutes to recognize some of Dennis’ achievements. He received a bachelor’s degree from Eastern Illinois University and a Master of Public Administration from Michigan State University. The public administration program of Michigan State University awarded him the Outstanding Alumnus award in 1998. He is the founder of the multistate public affairs firm Muchmore Harrington Smalley & Associates. Dennis was the execu­ tive director of Michigan United Conservation Clubs, vice president of the Michigan Chamber of Commerce, consultant to the Michigan Senate Select Committee on Municipal Finance, and administrative assistant to two Senate Finance Committee chairs. Dennis served on the board of directors for the Michigan Capital Chapter of the American Society for Public Admin­istra­ tion, the Michigan Festival, the Capital Area Humane Society, the Lansing Symphony Orchestra Committee, and the Michigan State University Museum Development Committee. Currently, Dennis serves on the board of directors for GreenStone Farm Credit Services and the Michigan Livestock Expo. Dennis is involved in numerous organizations comprising of Pi Alpha National Honor Society for Public Affairs and Administration, the American Society for Public Administration, the American Society of Political Consultants, lifetime member of the NAACP, the Michigan United Conservation Clubs, the Delta Sigma Phi International Fraternity, and the Eastern Illinois University and the Michigan State University Alumni Associations. Now that I’ve made us all feel just a little more inferior by comparison, I also want to mention a few things about Dennis that have nothing to do with a piece of paper. Many of us in this room have friendships with Dennis, regardless of our political affiliation or whether or not we agree with him all the time. That is because Dennis is honest, direct, and worthy of our respect. It is my privilege to stand here today in the Michigan Senate and recognize Dennis Muchmore for his contributions to our community and our state. Thank you, Dennis, for all you’ve done in working with us to make Michigan a better place. No. 7] [January 27, 2016] JOURNAL OF THE SENATE 61 enator Knollenberg’s statement is as follows: S I’m here to introduce Karen Korematsu who is here today. I’m going to share a few segments of her career. It is fitting that she is carrying on the legacy of her father. She is the founder and executive director of the Fred T. Korematsu Institute and is the daughter of the late Fred T. Korematsu. The Fred T. Korematsu Institute was founded in 2009 on the 25th anni­ versary of the reversal of Fred’s WWII U.S. Supreme Court conviction. In May 2013, Karen became executive director of the Fred T. Korematsu Institute and led its transition in July 2014 to become an independent organization fiscally sponsored by community initiatives. Since her father’s passing in 2005, Karen has carried on Fred’s legacy as a civil rights advocate, public speaker, and public educator. She shares her passion for social justice and education at K-12 public and private schools, colleges and universities, law schools, teachers conferences, and organizations across the country. One of Karen’s most significant accomplishments was working with assembly member Warren Furutani to successfully establish in 2011 a perpetual Fred Korematsu Day of Civil Liberties and the Constitution for the state of California on January 30. Fred Korematsu is the first Asian American in U.S. history who has been honored with a statewide day. Karen’s work and her father’s legacy extends to advocating for civil liberties for all communities, and she addresses current issues that draw lessons from the past. She has signed on to amicus briefs in several cases opposing violations of constitutional rights arising after 9/11, including Odah v. United States, Turkmen v. Ashcroft, Hedges v. Obama, and Hassan v. City of New York. She authored the foreword to Patriot Acts: Narratives of Post-9/11 Injustice in 2011. We’re honored to have Karen here today. Her calling is remarkable. She is carrying on the legacy of her father. Let’s give her a warm welcome. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:14 a.m. 11:01 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. The following communication was received and read: Office of the Auditor General January 25, 2016 nclosed is a copy of the following Reports on Internal Control, Compliance, and Other Matters for the fiscal year ended E September 30, 2015: • State of Michigan 401K Plan • State of Michigan 457 Plan Sincerely, Doug Ringer Auditor General The audit reports were referred to the Committee on Government Operations. The Secretary announced that the following bills were printed and filed on Tuesday, January 26, and are available at the Michigan Legislature website: Senate Bill Nos. 718 719 720 721 House Bill Nos. 5231 5232 5233 5234 5235 5236 5237 5238 5239 5240 5241 5242 5243 5244 5245 5246 5247 5248 5249 5250 5251 The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, January 26, for his approval the following bills: Enrolled Senate Bill No. 232 at 2:44 p.m. Enrolled Senate Bill No. 233 at 2:46 p.m. Senator Kowall moved that the Committee on Education be discharged from further consideration of the following resolution: Senate Resolution No. 129. A resolution recognizing January 24 - January 30, 2016, as Michigan School Choice Week. The motion prevailed, a majority of the members serving voting therefor, and the resolution was placed on the order of Resolutions. 62 JOURNAL OF THE SENATE [January 27, 2016] [No. 7 Senator Kowall moved that the rules be suspended and that the following resolution, now on the order of Resolutions, be placed on the Resolutions calendar for consideration today: Senate Resolution No. 129 The motion prevailed, a majority of the members serving voting therefor. Messages from the Governor The following message from the Governor was received on January 26, 2016, and read: EXECUTIVE ORDER No. 2016-3 Asian Pacific American Affairs Commission Hispanic/Latino Commission of Michigan Office of Hispanic/Latino Affairs Commission on Middle Eastern American Affairs Department of Licensing and Regulatory Affairs Department of Civil Rights Rescission of Executive Order 2008-1 Executive Reorganization HEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power in the Governor; and W WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units which the Governor considers necessary for efficient administration; and WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor, unless otherwise provided by the constitution; and WHEREAS, there is a continued need to reorganize functions among state departments to ensure efficient administration; and WHEREAS, programs, agencies, and commissions should be placed among the principal departments on a consistent, logical basis in order to ensure the most efficient use of taxpayer dollars and to allow the state to offer more streamlined services; NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I.  TRANSFERS FROM THE DEPARTMENT OF CIVIL RIGHTS TO THE DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS A. Asian Pacific American Affairs Commission The Asian Pacific American Affairs Commission created by Executive Order 2009-21; MCL 445.1992, and the Office of Asian Pacific American Affairs, authorized by MCL 37.133, together with any authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement, of the Asian Pacific American Affairs Commission and the Office of Asian Pacific American Affairs are transferred from the Department of Civil Rights to the Department of Licensing and Regulatory Affairs. B. Hispanic/Latino Commission of Michigan and the Office of Hispanic/Latino Affairs The Hispanic/Latino Commission of Michigan and the Office of Hispanic/Latino Affairs created by 1975 PA 164, as amended, MCL 18.301 through 18.308, together with any authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement, of the Hispanic/Latino Commission of Michigan and the Office of Hispanic/Latino Affairs are transferred from the Depart­ ment of Civil Rights to the Department of Licensing and Regulatory Affairs. C. Middle Eastern American Affairs Commission 1. The Middle Eastern American Affairs Commission created under Executive Order 2015-6, together with any authority, powers, duties, functions, records, personnel, property, unexpended balances of appropriations, allocations or other funds, including the functions of budgeting and procurement, of the Middle Eastern American Affairs Commission are transferred from the Department of Civil Rights to the Department of Licensing and Regulatory Affairs. 2. The Middle Eastern American Affairs Commission is renamed the Commission on Middle Eastern American Affairs. No. 7] [January 27, 2016] JOURNAL OF THE SENATE 63 II.  IMPLEMENTATION OF TRANSFERS A. All records, personnel, property, unexpended balances of appropriations, allocations, or other funds used, held, employed, available, or to be made available to the Department of Civil Rights for the activities, powers, duties, functions, and responsibilities transferred by Section I of this Order are transferred to the Department of Licensing and Regulatory Affairs. B. The Director of the Department Licensing and Regulatory Affairs, after consultation with the Director of the Department of Civil Rights, shall provide executive direction and supervision for the implementation of the transfers. The assigned functions shall be administered under the direction and supervision of the Director of the Department of Licensing and Regulatory Affairs. C. The directors of the departments shall immediately initiate coordination to facilitate the transfers and shall develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved by the Department of Licensing and Regulatory Affairs. D. The Director of the Department of Licensing and Regulatory Affairs shall administer any assigned functions in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order. III.  RESCISSION OF EXECUTIVE ORDER 2008-1 A. Executive Order 2008-1, which established the Interagency Task Force on Employee Misclassification (“Task Force”), is rescinded, with the Task Force having issued its final annual report in 2010. IV. MISCELLANEOUS A. Any suit, action, or other proceeding lawfully commenced by or against any of the Commissions identified in Sec­ tion I of this order prior to the effective date of this Order shall not abate by reason of the taking effect of this Order. Any lawfully commenced suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order. B. The State Budget Director shall determine and authorize the most efficient manner possible for the handling of financial transactions and records in the state’s financial management system for the remainder of the current state fiscal year for transfers made under this Order. C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order. In fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, this Order shall be effective 60 days after the filing of this Order. Given under my hand and the Great Seal of the state of [SEAL] Michigan this 26th day of January, in the Year of our Lord Two Thousand Sixteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Hertel as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 598, entitled A bill to amend 1998 PA 434, entitled “Uniform fraudulent transfer act,” by amending sections 1, 4, and 9 (MCL 566.31, 566.34, and 566.39), section 1 as amended by 2009 PA 44. Senate Bill No. 632, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 308, 846, 866, and 867 (MCL 600.308, 600.846, 600.866, and 600.867), section 308 as amended by 2013 PA 164 and section 846 as amended by 1989 PA 70; and to repeal acts and parts of acts. 64 JOURNAL OF THE SENATE [January 27, 2016] [No. 7 Senate Bill No. 633, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 1303 (MCL 700.1303), as amended by 2000 PA 54. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 219, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 49, 50, 50b, and 158 (MCL 750.49, 750.50, 750.50b, and 750.158), section 49 as amended by 2006 PA 129, section 50 as amended by 2007 PA 152, and section 50b as amended by 2008 PA 339. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 220, entitled A bill to amend 1935 PA 120, entitled “An act to prescribe a method for the fingerprinting of residents of the state, and to provide for the recording and filing thereof by the central records division of the department of state police,” by amending section 3 (MCL 28.273), as amended by 2012 PA 318. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 597, entitled A bill relating to certain trusts; to provide for the powers and procedures of the court that has jurisdiction of certain trusts; to provide for the validity and effect of certain transfers and contracts that relate to certain trusts; to provide remedies; and to provide procedures to facilitate enforcement of certain trusts. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 659, entitled A bill to amend 2008 PA 525, entitled “Fostering futures scholarship trust fund act,” by amending section 3 (MCL 722.1023), as amended by 2014 PA 530. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the following bill be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 680 The motion prevailed. The following bill was read a third time: Senate Bill No. 680, entitled A bill to amend 1968 PA 173, entitled “An act naming certain state buildings,” (MCL 19.131 to 19.132) by adding section 3. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 7] [January 27, 2016] JOURNAL OF THE SENATE Roll Call No. 8 65 Yeas—34 Bieda Hildenbrand MacGregor Rocca Booher Hood Marleau Schmidt Brandenburg Hopgood Meekhof Schuitmaker Casperson Horn Nofs Shirkey Emmons Hune O’Brien Smith Green Jones Pavlov Stamas Gregory Knezek Proos Warren Hansen Knollenberg Robertson Zorn Hertel Kowall Nays—3 Ananich Colbeck Young Excused—1 Johnson Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 Senate Resolution No. 12 The motion prevailed. enate Resolution No. 129. S A resolution recognizing January 24 - January 30, 2016, as Michigan School Choice Week. The question being on the adoption of the resolution, The resolution was adopted. Senator Colbeck asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Colbeck’s statement is as follows: I rise in support of Senate Resolution No. 129. I was actually a product of school choice. I was blessed to graduate from Detroit Catholic Central. My mom and dad worked pretty hard to get me through there. We have a pretty robust public system of school choice here in the state of Michigan, and it’s something to be celebrated. Not many states in the Union actually enjoy the degree of freedom that our parents and students have been blessed with here in the state of Michigan. I encourage my colleagues to not only support his resolution, but support a continued dedication to providing our parents and their students with more options in our state for education. 66 JOURNAL OF THE SENATE [January 27, 2016] [No. 7 enator Knollenberg offered the following resolution: S Senate Resolution No. 136. A resolution designating January 27, 2016, as Fred Korematsu Day. Whereas, Fred Korematsu was born to Japanese immigrant parents in Oakland, California, on January 30, 1919, the third of four sons. He was one of the many American citizens of Japanese ancestry living on the West Coast during World War II; and Whereas, Following the attack on Pearl Harbor by Japan on December 7, 1941, where 2,403 Americans were killed and 1,178 others were wounded, President Franklin Delano Roosevelt issued Executive Order No. 9066 that authorized the Secretary of War to require all Americans of Japanese ancestry to be placed in internment camps; and Whereas, Fred Korematsu is famously known for his arrest, at the age of 23, on May 30, 1942, and conviction for defying the government’s order to report to an assembly center to be moved to an internment camp; and Whereas, Fred Korematsu later moved to Detroit, Michigan, where he met his wife Kathryn and married before returning to California; and Whereas, A decision of Korematsu v. United States that declared his incarceration justified was formally vacated on November 10, 1983, by the United States District Court of Northern California in San Francisco; and Whereas, This action, considered to be a pivotal moment in civil rights history, cleared the name of Fred Korematsu; and Whereas, The Legislature recognizes the contributions to civil liberties made by Fred Korematsu; and Whereas, Fred Korematsu was recognized in 2010 when the state of California enacted legislation, entitled Fred Korematsu Day of Civil Liberties and the Constitution, making January 30 the first day in United States history designated to honor an Asian American; and Whereas, Fred Korematsu is considered by many as a national civil rights hero whose growing legacy continues to inspire people of all backgrounds; now, therefore, be it Resolved by the Senate, That we hereby recognize the contributions that Fred Korematsu has made and designate January 27, 2016, as Fred Korematsu Day. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Hopgood, MacGregor, Proos and Warren were named co‑sponsors of the resolution. Introduction and Referral of Bills Senators Rocca, Hune, Bieda, Warren, Knollenberg, Horn, Jones, Stamas, Hildenbrand, Kowall, Proos, Schuitmaker, Ananich, Hood, Hertel and Schmidt introduced Senate Bill No. 722, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 610. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Statements Senators Colbeck and Young asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Colbeck’s statement is as follows: If you are actually here today, I want to wish you a heartfelt congratulations because you have survived global warming. On January 26, 2006, Al Gore warned us that he believed humans may only have 10 years left to save the planet from turning into a total frying pan. Sadly, the global warming belief system of activists, such as Al Gore, was recently embedded into our state science standards. So, on your way back to the Farnum Building, enjoy your walk through Al Gore’s frying pan. enator Young’s statement is as follows: S Mr. President and colleagues, I would like to rise today to speak on behalf of honesty and transparency. I would like to start with a quote from former New York Governor Andrew Cuomo: “Too often government responds to the whispers of lobbyists before the cries of the people.” Let me tell you, friends, the people of Flint are crying. But instead of hiring No. 7] [January 27, 2016] JOURNAL OF THE SENATE 67 more doctors, teachers, counselors, and nutritionists to help the children of Flint, Governor Snyder turned around and hired PR specialists. And not just any PR firm. Our Governor hired out-of-state, K Street super lobbyists, which seems particularly suspicious given the rumor that Governor Snyder may be asked to testify in front of Congress. In case you’re not aware, this company has spent more than $3.8 million during the last two election cycles to lobby Republicans in Washington, D.C. But it’s not about that, right? The Governor insists Mercury’s assistance will make it easier for state employees to focus on helping the people of Flint. However, were the Governor actually hiring Mercury for the good of the state, he’d be using public funds. Instead, he’s continuing to pass the buck and dodge accountability. Just last Friday, Mercury sent out an e-mail newsletter that blamed the Environmental Protection Agency for the Flint water crisis. And yet, despite incredibly damning nationwide coverage of the Governor’s efforts, the Mercury newsletter only highlighted a handful of positive articles. That’s no coincidence. At this point, it seems pretty clear that no one in that administration is dedicated to truth, justice, and the American way. The Governor would rather shield himself and his allies by using FOIA exemptions and private, secret money to spin this crisis than give Michigan and the whole nation the truth. This is a public health crisis, not a public relations crisis. The Governor’s public image is meaningless to the families whose children were poisoned by lead, to the nine people who died, and to the 89 people who are effected by Legionnaires’ disease. The Governor’s public image is especially meaningless to the future generations of children whose very DNA could be altered by the lead their parents were exposed to. Colleagues, I would like to end with a quote from our Governor: “You deserve to know the truth and I have a responsibility to tell the truth, the truth about what we have done and what we will do to overcome this challenge.” If only Governor Snyder’s words matched his actions. Committee Reports The Committee on Banking and Financial Institutions reported Senate Bill No. 607, entitled A bill to amend 2005 PA 244, entitled “Deferred presentment service transactions act,” by amending section 2 (MCL 487.2122). With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Darwin L. Booher Chairperson To Report Out: Yeas: Senators Booher, O’Brien, Nofs, Zorn, MacGregor, Rocca, Hertel and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Banking and Financial Institutions reported Senate Bill No. 719, entitled A bill to amend 2005 PA 244, entitled “Deferred presentment service transactions act,” by amending section 35 (MCL 487.2155). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Darwin L. Booher Chairperson To Report Out: Yeas: Senators Booher, O’Brien, Nofs, Zorn, MacGregor, Rocca, Hertel and Young Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Banking and Financial Institutions submitted the following: T Meeting held on Tuesday, January 26, 2016, at 2:30 p.m., Room 100, Farnum Building Present: Senators Booher (C), O’Brien, Nofs, Zorn, MacGregor, Rocca, Hertel and Young 68 JOURNAL OF THE SENATE [January 27, 2016] [No. 7 COMMITTEE ATTENDANCE REPORT he Committee on Commerce submitted the following: T Meeting held on Wednesday, January 27, 2016, at 9:00 a.m., Room 210, Farnum Building Present: Senators Schmidt (C), Kowall, MacGregor and Hertel Excused: Senator Nofs COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Joint meeting held on Wednesday, January 27, 2016, at 9:00 a.m., Rooms 402 and 403, Capitol Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda COMMITTEE ATTENDANCE REPORT he Subcommittee on Corrections submitted the following: T Joint meeting held on Wednesday, January 27, 2016, at 9:00 a.m., Rooms 402 and 403, Capitol Building Present: Senators Proos (C), Knollenberg and Gregory COMMITTEE ATTENDANCE REPORT he Subcommittee on Judiciary submitted the following: T Joint meeting held on Wednesday, January 27, 2016, at 9:00 a.m., Rooms 402 and 403, Capitol Building Present: Senators Proos (C), Schuitmaker and Young Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesdays, February 23, March 1, March 8, March 15, and March 22, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) State Police and Military Affairs - Tuesdays, February 23, March 1, March 8, and March 15, 8:30 a.m., Rooms 402 and 403; March 22, 8:30 a.m., Room 405; and May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Criminal Justice Policy Commission - Wednesday, February 3, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Economic Development and International Investment and House Commerce and Trade - Tuesday, February 2, 3:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323) Finance - Tuesday, February 2, 2:30 p.m., Room 210, Farnum Building (373-5312) Health Policy - Tuesday, February 2, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Senate Fiscal Agency Board of Governors - Thursday, January 28, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Transportation - Thursday, January 28, 8:30 a.m., Room 210, Farnum Building (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:21 a.m. No. 7] [January 27, 2016] JOURNAL OF THE SENATE 69 The President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, January 28, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 70 No. 8 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Thursday, January 28, 2016. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 72 JOURNAL OF THE SENATE [January 28, 2016] [No. 8 enator Michael L. Nofs of the 19th District offered the following invocation: S Dear Lord, we thank You for this day and for the opportunity to do right by the people of our great state. We ask that You guide each and every one of us as we deal with the matters before us. I pray for my colleagues here and in the House, and I ask that You continue to bless us with wisdom, strength, and peace. Finally, Lord, we ask that You continue to bless our state and all who look to us for leadership. We pray that You protect the members of our armed services, law enforcement, and first responders. This we pray in the name of Your Son Jesus Christ forever and always. Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Kowall moved that Senators Booher, Casperson, Green, Hildenbrand and Robertson be temporarily excused from today’s session. The motion prevailed. enator Hood moved that Senators Bieda, Warren and Young be temporarily excused from today’s session. S The motion prevailed. The following communication was received and read: Office of the Auditor General January 26, 2016 nclosed is a copy of the following audit report: E Performance audit report on the Michigan Occupational Safety and Health Administration, Department of Licensing and Regulatory Affairs. Sincerely, Doug Ringer Auditor General The audit report was referred to the Committee on Government Operations. The following communication was received: Office of Senator Rebekah Warren January 27, 2016 I would like to request to be listed as a co‑sponsor on Senate Bill 718, as allowed by new Senate Rule 1.110(c). If you have any questions or need any additional information, please do not hesitate to contact me at (517) 373-2406 or senrwarren@senate.michigan.gov. Sincerely, Rebekah Warren State Senator 18th District The communication was referred to the Secretary for record. The Secretary announced that the following House bill was received in the Senate and filed on Wednesday, January 27: House Bill No. 4792 The Secretary announced that the following bills were printed and filed on Wednesday, January 27, and are available at the Michigan Legislature website: Senate Bill No. 722 House Bill Nos. 5252 5253 5254 5255 5256 5257 5258 5259 5260 5261 5262 5263 Senator Booher entered the Senate Chamber. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Meekhof admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. No. 8] [January 28, 2016] JOURNAL OF THE SENATE 73 enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:04 a.m. 10:38 a.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. During the recess, Senator Meekhof introduced the Zeeland West High School Varsity Football Team, 2015 MHSAA Division 4 State Champions, and Head Coach John Shillito; and presented them with a Special Tribute. Coach Shillito responded briefly. During the recess, Senators Green, Hildenbrand, Robertson, Warren, Bieda, Young and Casperson entered the Sen­ate Chamber. Senator Kowall moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today: House Bill No. 5220 The motion prevailed, a majority of the members serving voting therefor. Messages from the Governor The following message from the Governor was received on January 28, 2016, and read: PROCLAMATION Request for Extension of Declaration of Emergency WHEREAS, on April 25, 2014, the water source in the City of Flint, Michigan, was switched from the Detroit water system to the Flint River. The switch to the new water source resulted in impacts to Flint’s water system, particularly in areas with lead service lines or lead plumbing and fixtures in private residences. In these areas, lead leached into the water potentially exposing residents to negative health impacts; and WHEREAS, from October 1, 2015, to this date, the County of Genesee, City of Flint, the State of Michigan, and the Federal Emergency Management Agency have taken numerous actions to cope with the situation, including but not limited to, switching back to the Detroit water system on October 16th, declaring states of emergency, activating the emer­gency response and recovery aspects of their emergency operations plans, marshaling and distributing required resources on a city-wide level, and issuing emergency public information and bulletins; and WHEREAS, it is in the best interest of the state of Michigan to continue to provide resources within the city, and take appropriate measures in response to the public health emergency, to ensure that resources remain sufficient to protect public health, safety and property, and to lessen or avert the threat of more severe and long lasting impacts to the community; NOW, THEREFORE, I RICHARD D. SNYDER, Governor of the state of Michigan, pursuant to the Constitution of the state of Michigan and the provisions of Act No. 390 of the Public Acts of 1976, as amended, I do hereby request the legislature extend the state of emergency proclaimed on January 5, 2016 and expiring on February 1, 2016 for an addi­ tional 73 days, through April 14, 2016, in the County of Genesee and the City of Flint. This 73-day extension coincides with the current Presidential Emergency Declaration. Given under my hand and the Great Seal of the state of Michigan this 28th day of January, in the year of our Lord, [SEAL] Two Thousand and Sixteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The message was referred to the Secretary for record. 74 JOURNAL OF THE SENATE [January 28, 2016] [No. 8 The following message from the Governor was received and read: January 14, 2016 lease be advised of the following appointment to office: P State Fire Marshal Julie L. Secontine of 220 Grosvenor Street, Rochester Hills, Michigan 48307, county of Oakland, succeeding Michael G. Deprez, for a term commencing February 29, 2016, and expiring at the pleasure of the Governor. Sincerely, Rick Snyder Governor The appointment was referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Knezek as Chairperson. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 5023, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 75102 (MCL 324.75102), as amended by 2012 PA 251. Senate Bill No. 673, entitled A bill to amend 2000 PA 146, entitled “Obsolete property rehabilitation act,” by amending section 16 (MCL 125.2796), as amended by 2010 PA 137. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 521, entitled A bill to create the Michigan historical commission; and to prescribe its powers and duties. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 522, entitled A bill to create the Michigan historical center; to prescribe the authority of the center; to provide for the archives of Michigan and the Michigan historical museum to be under the control and supervision of the center; to provide steward­ ship for the museum and archival collection of this state; to provide for the management of state and local government records of archival value; to prescribe the powers and duties of certain state and local agencies and officials; and to repeal acts and parts of acts. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5220, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. No. 8] [January 28, 2016] JOURNAL OF THE SENATE 75 By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage: House Bill No. 5220 The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 5220 Senate Bill No. 219 Senate Bill No. 220 Senate Bill No. 632 Senate Bill No. 633 Senate Bill No. 659 The motion prevailed. The following bill was read a third time: House Bill No. 5220, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, Senator Meekhof offered the following amendment: 1. Amend page 7, following line 14, by inserting: “Sec. 203. The office of the auditor general shall audit the use of the funds appropriated in part 1 and report to the chairs of the senate and house appropriations committees at a minimum of every six months until the funds are expended. All relevant records associated with the funds appropriated in part 1 shall be made available to the office of the auditor general upon request.”. The amendment was adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 9 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 In The Chair: O’Brien Not Voting—0 76 JOURNAL OF THE SENATE [January 28, 2016] [No. 8 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. Senator Ananich asked and was granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Ananich’s first statement is as follows: I plan to withdraw my amendment, but I would like to make a few comments before making that formal request. I would like to first commend the chair of the Appropriations Committee and all of the members for their understanding and foresight in making sure that nutrition, health care, and developmental issues related to lead poisoning are addressed in a better form in the supplemental. We know that diets and nutrition, especially calcium and iron, can pull the lead out of especially the most vulnerable affected—the children. They have been most dramatically affected by this issue, and I am going to expect and hold account­ able the administration to make sure that by early next week we have a more firm understanding of exactly the kind of programs and measures that will be in place in my community to make sure folks most hurt get what they need. We know programs like SNAP, Early On, and many others are the kinds of things that lead to turning a negative developmental issue around cognition into something much more positive. As I said before, I will make sure that I find out and my colleagues here in the Senate find out exactly how this money will be spent. This is of the utmost importance because this issue that never should have happened must be resolved in the best possible way for all the citizens of this state, most importantly, of course, in my community. I now formally ask for my amendment to be withdrawn. enator Ananich’s second statement is as follows: S I rise to offer my support for House Bill No. 5220 as amended. There is one thing I wanted to do before I speak specif­ ically about the bill. I know many of the people in this chamber I have had individual conversations with over this time period that I have been dealing with this issue, and the people of my city have been. I think there are a few things that I want to make sure that I clarify, because there has been a lot of misinformation regarding the problem in my community, and I think that it is important to stress a few certain facts that I think are really important. Back in March 2014, the city of Flint—prior to that, for close to 40 years received treated water from the Detroit Water and Sewerage Department—they switched over to treating their own water at the Flint plant. The reason I stress this is because Flint water by definition is more corrosive, but it could potentially have been treated if corrosion controls were put in the water, and this problem could most definitely have been avoided. Because we are unaware of how long—because of the lack of corrosion control—that lead was leaching into the water, we have to assume—and this is based on all the medical community and scientists—that it’s a population-wide problem. What that means is that every single person who was ingesting this water for any length of time has some form of lead in their system. We also know that blood tests only test for lead within the last 28 days. Lead has a half-life of 28 days, and anything longer than that will give a false-positive. Unfortunately, because of the length of time that this information was kept secret from people in this chamber, the citizens of my community, and myself, of course, many folks were drinking this on a regular basis. So now, as we see, there are some folks who are testing positive in the last few months. What that means is that after we knew there was a crisis of public health, people were still drinking the water, because they didn’t have the information, and they were becoming exposed. That does not mean that during the time period before that, people were not being exposed. What it means is, unfortunately, even after we knew, people didn’t have the information and were getting exposed. It’s extremely important to stress that because there has been some misinformation out there that there are only a handful of people exposed. We have to assume it is population-wide. We have to get very aggressive very soon in making sure that we have the developmental, nutritional, and other services that we know provide the kind of relief and help for people in my community. I think that we have to make sure that we hold the administration and everyone accountable, to make sure that we listen to experts and the local medical community to make sure that services like the mobile food bank are offered, and to make sure that services like Early On, Head Start, and other nutrition programs are provided quickly and in an efficient and effective way. We, obviously, have a number of issues that we have to deal with, whether it’s infrastructure, whether it’s folks having to pay for water that, obviously, is undrinkable, but the most important thing, I think, right now—and it’s being addressed because of the work of the members of the Appropriations Committee and others—is to start to focus on the assessment and the providing of services. This appropriation starts us on the path to do that. Again, I rise to support House Bill No. 5220, and I appreciate the support from everyone in this chamber if they are willing to give it. No. 8] [January 28, 2016] JOURNAL OF THE SENATE 77 The following bill was read a third time: Senate Bill No. 219, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 49, 50, 50b, and 158 (MCL 750.49, 750.50, 750.50b, and 750.158), section 49 as amended by 2006 PA 129, section 50 as amended by 2007 PA 152, and section 50b as amended by 2008 PA 339. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 10 Yeas—37 Ananich Hertel Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Marleau Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Nays—1 Meekhof Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. Senator Bieda asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Bieda’s statement is as follows: I also rise in support of these bills. I would like to commend the chair of the committee, and there were four of us working on this in the House and Senate, a truly bipartisan effort as Democrats and Republicans worked on a package of bills. The two bills before us today are part of that package that will affect our current ICHAT system. ICHAT is the Michigan Internet Criminal History Access Tool system that allows the search of a person’s public criminal history record that is maintained by the Michigan State Police. The bills before us today would allow animal abuse crimes to be reported into Michigan’s ICHAT system. Animal shelters and animal control facilities will then be able to check the system prior to adopting out an animal. Senate Bill No. 220 specifically would add animal abuse offenses to the ICHAT system, as well as allow animal shelters and animal control facilities to check the ICHAT system at no cost. It directs an animal shelter or animal control facility to check the system prior to adopting an animal from its facility. There is a known correlation between animal abuse and human violence. Oftentimes perpetrators of domestic violence will use threatening or harming an animal as a way to control a human victim. There is a growing problem of animal abuse in our state. Here in Lansing, a beagle was stabbed by a person while it was in its own backyard, and unfortunately, the dog did not survive its injuries. In another horrific case, two brothers stabbed and hung a pit bull from the roof of their house while the public watched. This bill package will be a step in the right direction in not only protecting Michigan’s animals, but also could protect Michigan citizens from human violence in the future. I urge my colleagues to support both Senate Bill Nos. 219 and 220. 78 JOURNAL OF THE SENATE [January 28, 2016] [No. 8 The following bill was read a third time: Senate Bill No. 220, entitled A bill to amend 1935 PA 120, entitled “An act to prescribe a method for the fingerprinting of residents of the state; to provide for the recording and filing of the fingerprints by the central records division of the department of state police; and to impose a fee,” by amending section 3 (MCL 28.273), as amended by 2015 PA 71. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 11 Yeas—37 Ananich Hertel Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Marleau Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Nays—1 Meekhof Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 632, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 308, 846, 866, and 867 (MCL 600.308, 600.846, 600.866, and 600.867), section 308 as amended by 2013 PA 164 and section 846 as amended by 1989 PA 70; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 12 Yeas—38 Ananich Hertel Bieda Hildenbrand Booher Hood Brandenburg Hopgood Casperson Horn Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Smith No. 8] Colbeck Emmons Green Gregory Hansen [January 28, 2016] JOURNAL OF THE SENATE 79 Hune O’Brien Stamas Johnson Pavlov Warren Jones Proos Young Knezek Robertson Zorn Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 633, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 1303 (MCL 700.1303), as amended by 2000 PA 54. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 13 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. 80 JOURNAL OF THE SENATE [January 28, 2016] [No. 8 The following bill was read a third time: Senate Bill No. 659, entitled A bill to amend 2008 PA 525, entitled “Fostering futures scholarship trust fund act,” by amending section 3 (MCL 722.1023), as amended by 2014 PA 530. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 14 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 303, entitled A bill to amend 1937 PA 215, entitled “An act to authorize municipalities to own or control cemetery or burial grounds; to provide for perpetual care and maintenance; to provide for endowment and perpetual care funds; and to permit municipalities to authorize the creation of joint cemetery associations,” by amending section 1 (MCL 128.1), as amended by 1980 PA 366. The House of Representatives has amended the bill as follows: 1. Amend page 2, line 6, after “BALANCE” by inserting “AND THE EQUITY POSITION DOES NOT CONTAIN MORE THAN 40% IN ANY GIVEN ASSET CATEGORY”. 2. Amend page 2, line 9, after “AGENCY” by inserting “AT THE TIME OF PURCHASE”. The House of Representatives has passed the bill as amended and ordered that it be given immediate effect. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the amendments made to the bill by the House, The amendments were concurred in, a majority of the members serving voting therefor, as follows: No. 8] Roll Call No. 15 [January 28, 2016] JOURNAL OF THE SENATE 81 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 328, entitled A bill to amend 1935 PA 59, entitled “An act to provide for the public safety; to create the Michigan state police, and provide for the organization thereof; to transfer thereto the offices, duties and powers of the state fire marshal, the state oil inspector, the department of the Michigan state police as heretofore organized, and the department of public safety; to create the office of commissioner of the Michigan state police; to provide for an acting commissioner and for the appoint­ ment of the officers and members of said department; to prescribe their powers, duties, and immunities; to provide the manner of fixing their compensation; to provide for their removal from office; and to repeal Act No. 26 of the Public Acts of 1919, being sections 556 to 562, inclusive, of the Compiled Laws of 1929, and Act No. 123 of the Public Acts of 1921, as amended, being sections 545 to 555, inclusive, of the Compiled Laws of 1929,” by amending section 8 (MCL 28.8). The House of Representatives has passed the bill and ordered that the bill be given immediate effect. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 394, entitled A bill to amend 1917 PA 167, entitled “Housing law of Michigan,” by amending sections 1, 125, and 126 (MCL 125.401, 125.525, and 125.526), sections 1 and 126 as amended by 2008 PA 408. The House of Representatives has amended the bill as follows: 1. Amend page 8, following line 13, by inserting: “Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.”. The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the amendment made to the bill by the House, The amendment was concurred in, a majority of the members serving voting therefor, as follows: 82 JOURNAL OF THE SENATE [January 28, 2016] Roll Call No. 16 [No. 8 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 539, entitled A bill to amend 2008 PA 549, entitled “Michigan promise zone authority act,” by amending the title and sections 5, 7, 9, 11, 17, and 19 (MCL 390.1665, 390.1667, 390.1669, 390.1671, 390.1677, and 390.1679), sections 5, 7, 11, and 17 as amended by 2013 PA 210, and by adding sections 4 and 4a; and to repeal acts and parts of acts. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 17 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg No. 8] [January 28, 2016] JOURNAL OF THE SENATE 83 Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 540, entitled A bill to amend 1993 PA 331, entitled “State education tax act,” by amending section 5 (MCL 211.905), as amended by 2004 PA 443. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 Senate Resolution No. 12 The motion prevailed. enators Johnson, Young, Bieda, Nofs, Hansen, O’Brien, Booher, Gregory and Knezek offered the following resolution: S Senate Resolution No. 137. A resolution recognizing February 4, 2016, as Cancer Prevention Day. Whereas, Cancer is the leading cause of death around the world and has touched the lives of nearly everyone, either directly or indirectly; and Whereas, This disease is the cause of nearly 1 out of every 4 deaths in the United States, and in Michigan, statistics show nearly 469 out of 100,000 citizens are diagnosed with cancer yearly; and Whereas, More than 1,600 cancer-related deaths are expected nationwide per day, and in 2010, there were approximately 55,660 new cancer cases in the state of Michigan; and Whereas, About 1.6 million new cancer cases were estimated to be diagnosed nationwide in 2013, with 580,350 Americans estimated to die of cancer; and Whereas, It is understood that early detection and prevention of cancer leads to healthier individuals, less heartache, and more cost-effective health care; and Whereas, The Michigan Legislature recognizes the efforts of the Less Cancer Campaign which works to raise awareness for the reduction of cancer risks; now, therefore, be it Resolved by the Senate, That the members of this legislative body recognize the devastating effect cancer has on families and seek to expand knowledge, encourage early detection, and work with our friends in the medical and scientific fields to put an end to this deadly disease; and be it further Resolved, That copies of this resolution be transmitted to the members of the Michigan congressional delegation, the United States Secretary of Health and Human Services, and the President and First Lady of the United States of America. 84 JOURNAL OF THE SENATE [January 28, 2016] [No. 8 ending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, P Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Brandenburg, Colbeck, Hertel, Hildenbrand, Hood, Horn, Jones, Knollenberg, MacGregor, Marleau, Proos, Schmidt, Warren and Zorn were named co‑sponsors of the resolution. enators Johnson, Young, Colbeck and Gregory offered the following resolution: S Senate Resolution No. 138. A resolution to urge the United States Congress and the President of the United States to enact legislation that would reinstate the separation of commercial and investment banking functions that was in effect under the Glass-Steagall Act. Whereas, An effective money and banking system is essential to the functioning of the U.S. economy. Such a system must function in the public interest without any bias; and Whereas, Since 1933, the Federal Banking Act, also referred to as the Glass-Steagall Act, has protected the public interest through the regulation of commercial and investment banking, insurance companies, and securities. Important provi­sions of the Glass-Steagall Act were repealed in 1999, partially contributing to the greatest speculative bubble and worldwide recession since the Great Depression; and Whereas, The worldwide recession greatly affected our country’s economy and citizens’ lives. It left millions of homes in foreclosure and caused the loss of millions of jobs nationwide. The recession also put severe financial strains on states, counties, cities, and other municipalities, exacerbating unemployment and the loss of public services; and Whereas, The U.S. House of Representatives and U.S. Senate have been making efforts to restore the protections of the Glass-Steagall Act. U.S. Representative Marcy Kaptur has introduced H.R. 381, known as the Return to Prudent Banking Act of 2015, which would revive the separation between commercial banking and the securities business in the manner provided by the Glass-Steagall Act. U.S. Senator Elizabeth Warren, along with Senators John McCain, Maria Cantwell, Angus King, and others have introduced the 21st Century Glass-Steagall Act (S. 1709), which would reduce risk for American taxpayers in the financial system and decrease the likelihood of future financial crises; and Whereas, The Glass-Steagall Act has widespread national support from prominent economic and business leaders and national publications, including Thomas Hoenig of the Federal Deposit Insurance Corporation, former CEO of Citigroup Sanford Weill, economist Luigi Zingales, the New York Times, the St. Louis Post-Dispatch, the Los Angeles Times, and many others; and Whereas, Resolutions demanding action to return to Glass-Steagall protections have been introduced in at least 25 states since 2013. In fact, Maine and South Dakota passed resolutions on the matter in both chambers of their legislatures in 2013. Additionally, both the Alabama and Indiana Houses of Representatives adopted resolutions urging action to reinstate Glass-Steagall in the same year; and Whereas, Overwhelming pressure must be brought to bear on members of the U.S. House of Representatives and U.S. Senate to take action to pass this important legislation; now, therefore, be it Resolved by the Senate, That we urge the United States Congress and the President of the United States to enact legislation that, in order to prevent American taxpayers from being called upon to fund hundreds of billions of dollars to bail out financial institutions, would reinstate the separation of commercial and investment banking functions that was in effect under the Glass-Steagall Act, prohibiting commercial banks and bank holding companies from investing in stocks, from underwriting securities, and from investing in or acting as guarantors to derivative transactions; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congres­sional delegation, United States Representative Marcy Kaptur, and United States Senator Elizabeth Warren. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Banking and Financial Institutions. The motion prevailed. Senators Hertel and Warren were named co‑sponsors of the resolution. enators Knezek and O’Brien offered the following resolution: S Senate Resolution No. 139. A resolution to commemorate February 1, 2016, as Blue Star Mother’s Day. Whereas, Blue Star Mothers of America, Inc., is a national organization of mothers whose sons and daughters serve honorably in the nation’s armed forces; and Whereas, Blue Star Mothers of America, Inc., was founded in Flint, Michigan, in 1942; and No. 8] [January 28, 2016] JOURNAL OF THE SENATE 85 hereas, The purposes and activities of Blue Star Mothers of America, Inc., include all of the following: W • Perpetuating the memory of the men and women who have served our country as members of the armed forces; • Welcoming home returning veterans; • Visiting wounded veterans in hospitals and rehabilitation centers; • Assisting in veterans ceremonies; • Attending patriotic rallies and meetings; • Maintaining true allegiance to the government of the United States; • Upholding the American institutions of freedom, justice, and equal rights; • Caring for the unsupported mothers who gave their sons and daughters to the service of the nation; and • Providing moral support for members. ; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate February 1, 2016, as Blue Star Mother’s Day in the state of Michigan. We recognize the contributions that Blue Star Mothers of America, Inc., has made to our state and nation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Ananich, Bieda, Booher, Brandenburg, Casperson, Colbeck, Emmons, Green, Gregory, Hansen, Hertel, Hildenbrand, Hood, Hopgood, Horn, Hune, Johnson, Jones, Knollenberg, Kowall, MacGregor, Marleau, Meekhof, Nofs, Pavlov, Proos, Robertson, Rocca, Schmidt, Schuitmaker, Shirkey, Smith, Stamas, Warren, Young and Zorn were named co‑sponsors of the resolution. enator Meekhof offered the following concurrent resolution: S Senate Concurrent Resolution No. 23. A concurrent resolution to approve an extension of the state of emergency in the county of Genesee and the city of Flint. Whereas, Since October 1, 2015, the county of Genesee, the city of Flint, the state of Michigan, and the Federal Emergency Management Agency have taken numerous actions to cope with the drinking water situation in the county of Genesee and the city of Flint, including but not limited to, switching back to the Detroit water system on October 16, declaring states of emergency, activating the emergency response and recovery aspects of their emergency operations plans, marshaling and distributing required resources on a city-wide level, and issuing emergency public information and bulletins; and Whereas, It is in the best interest of the state of Michigan to continue to provide resources within the city, and take appro­priate measures in response to the public health emergency, to ensure that resources remain sufficient to protect public health, safety, and property, and to lessen or avert the threat of more severe and long-lasting impacts to the community; and Whereas, Pursuant to the Constitution of the State of Michigan of 1963 and section 3 of the Emergency Management Act, 1976 PA 390, MCL 30.403, Governor Snyder requested on January 28, 2016, that the legislature approve an exten­sion of the state of emergency proclaimed on January 5, 2016, and expiring on February 2, 2016, to April 14, 2016, in the county of Genesee and the city of Flint. This 73-day extension coincides with the current Presidential Emergency Declaration; now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That we approve Governor Snyder’s request for an extension of the state of emergency in the county of Genesee and the city of Flint proclaimed on January 5, 2016, for another 73 days; and be it further Resolved, That copies of this resolution be transmitted to the Governor. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the concurrent resolution, Senator Kowall requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The concurrent resolution was adopted, a majority of the members voting therefor, as follows: Roll Call No. 18 Ananich Bieda Yeas—38 Hertel Hildenbrand Kowall Rocca MacGregor Schmidt 86 JOURNAL OF THE SENATE [January 28, 2016] [No. 8 Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien Senators Bieda, Booher, Brandenburg, Gregory, Hansen, Hertel, Hildenbrand, Horn, Knollenberg, Kowall, MacGregor, Marleau, Nofs, Proos, Schmidt and Warren were named co‑sponsors of the concurrent resolution. Introduction and Referral of Bills Senators Johnson, Jones, O’Brien, Gregory and Knezek introduced Senate Bill No. 723, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 12 to chapter III. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Jones, Schuitmaker, Bieda, Schmidt and Hansen introduced Senate Bill No. 724, entitled A bill to amend 1976 PA 399, entitled “Safe drinking water act,” (MCL 325.1001 to 325.1023) by adding sections 7a and 7b. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Jones, Schuitmaker, Bieda, Schmidt and Hansen introduced Senate Bill No. 725, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 5204 (MCL 324.5204), as amended by 2012 PA 511. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Jones, Schuitmaker, Bieda, Schmidt and Hansen introduced Senate Bill No. 726, entitled A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 7 (MCL 325.1007), as amended by 1998 PA 56. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 4792, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16171 (MCL 333.16171), as amended by 1985 PA 82. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Health Policy. No. 8] [January 28, 2016] JOURNAL OF THE SENATE 87 Committee Reports The Committee on Appropriations reported House Bill No. 5220, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, January 27, 2016, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young COMMITTEE ATTENDANCE REPORT he Committee on Government Operations submitted the following: T Meeting held on Tuesday, January 26, 2016, at 3:00 p.m., Rooms 402 and 403, Capitol Building Present: Senators Meekhof (C), Hansen, Kowall, Ananich and Hood COMMITTEE ATTENDANCE REPORT he Committee on Natural Resources submitted the following: T Meeting held on Wednesday, January 27, 2016, at 12:30 p.m., Room 210, Farnum Building Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren COMMITTEE ATTENDANCE REPORT he Committee on Insurance submitted the following: T Meeting held on Wednesday, January 27, 2016, at 2:00 p.m., Room 100, Farnum Building Present: Senators Hune (C), Brandenburg, Schmidt, O’Brien, Horn, Jones and Bieda Excused: Senators Marleau, Johnson and Young Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesdays, February 23, March 1, March 8, March 15, and March 22, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) State Police and Military Affairs - Tuesdays, February 23, March 1, March 8, and March 15, 8:30 a.m., Rooms 402 and 403; March 22, 8:30 a.m., Room 405; and May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) 88 JOURNAL OF THE SENATE [January 28, 2016] [No. 8 Criminal Justice Policy Commission - Wednesday, February 3, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Economic Development and International Investment and House Commerce and Trade - Tuesday, February 2, 3:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323) Finance - Tuesday, February 2, 2:30 p.m., Room 210, Farnum Building (373-5312) Health Policy - Tuesday, February 2, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Judiciary - Tuesday, February 2, 3:00 p.m., Room 110, Farnum Building (373-1721) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:33 a.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Tuesday, February 2, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 9 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Tuesday, February 2, 2016. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—excused Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 90 JOURNAL OF THE SENATE [February 2, 2016] [No. 9 Rabbi Matt Zerwekh of Temple B’Nai Israel of Kalamazoo offered the following invocation: Avinu Sh’bashamayim, our God in heaven, we pray this morning that You watch our state leaders and help to guide them as they strive to serve the good people of Michigan. These leaders have been called to public service for many of the reasons others are called to a life of religion: a desire to do good for their world and for their communities. Out of Your teachings, O God, Your children—Jews, Christians, and Muslims—have found impetus to protect the vulnerable—the widow, the orphan, and those unable to protect themselves. Lord God, as we entrust our state leaders to live up to the challenge of putting aside pettiness or pride, partisanship or perceived differences in the interest of common good, we put our trust in You to help to guide their hearts to do not only what is easy, but what is right. In a time of great change and uncertainty, significant challenges, and significant hurts, we pray that our leaders be guided by what they have learned from You, O God, that we are all children of one God, united in our humanity, and responsible to one another. May the words of their mouths and the meditations of their hearts reflect the true essence of Your teachings from the Torah, the apostles, and the Qur’an. Though the source may differ, the message is the same: to love our neighbors as ourselves. We thank You today, O God, for allowing us to reach this day and this moment, for watching over us, and for guiding these Senators in living up to the true ideals of faith, those that require grace and compassion, not division or judgment. As we pray today, we ask You for Your continued partnership as this body strives to engage in tikkun olam—repairing the world. Let them help to repair our world, to help our state to heal wounds, build trust, and truly watch over and protect all of the citizens of our state. In Your name we pray. Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Knollenberg entered the Senate Chamber. enator Kowall moved that Senators Meekhof, Stamas and Casperson be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Gregory be excused from today’s session. S The motion prevailed. The following communication was received: Department of State Administrative Rules Notice of Filing January 29, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-093-HS (Secretary of State Filing #16-01-02) on this date at 3:53 p.m. for the Department of Health and Human Services entitled, “Transportation and Disposition of Dead Bodies.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 46 of 1969 PA 306. Rules adopted under this section become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communication was referred to the Secretary for record. The following communication was received: Department of State Police February 1, 2016 n behalf of the Board of Directors and staff of the Michigan Automobile Theft Prevention Authority (ATPA), it is a O pleasure to present the 2015 Annual Report, which shows motor vehicle thefts declined by 11.5 percent in 2014 and 56.9 per­ cent over the last ten years. No. 9] [February 2, 2016] JOURNAL OF THE SENATE 91 The ATPA’s success in the battle against motor vehicle theft is the direct result of the dedication and efforts by law enforce­ ment teams, prosecutors’ offices, and non-profit organizations funded through the ATPA. These highly-motivated individuals often go above and beyond the call of duty to recover stolen vehicles and arrest those responsible. As you read the success stories contained in this report, you will find many instances where grantees worked collaboratively to solve crimes. Some highlights of the report are as follows: • Michigan motorists are saving $69 per insured vehicle as a result of lower thefts. • In fiscal year (FY) 2015, the ATPA teams conducted 2,012 arrests and were involved in the recovery of 5,350 vehicles or parts, with an estimated value of $41 million. • Since its inception in 1986, the ATPA has reported a total of 66,485 arrests and recovered 97,062 vehicles or parts worth an estimated $825 million. • In FY 2015, the return on investment of the ATPA funds was $6.76 for every $1 spent. In FY 2015, 15 teams (consisting of 35 law enforcement agencies), four prosecutors’ offices, and four non-profit organiza­ tions received ATPA grant funding. These grantees continue to make motor vehicle theft prevention a high priority. Without the steadfast commitment of local, county, and state participants in this program, the ATPA would not be successful in reducing motor vehicle thefts throughout the state of Michigan. Sincerely, Kriste Etue Director The communication was referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Thursday, January 28: House Bill Nos. 4783 4868 The Secretary announced that the following bills were printed and filed on Thursday, January 28, and are available at the Michigan Legislature website: Senate Bill Nos. 723 724 725 726 House Bill Nos. 5264 5265 5266 5267 5268 5269 5270 5271 5272 5273 5274 5275 5276 5277 5278 5279 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:06 a.m. 11:07 a.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. During the recess, Senators Casperson, Meekhof and Stamas entered the Senate Chamber. enator Kowall moved that rule 3.902 be suspended to allow the guest of Senator Schmidt admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senators O’Brien, Schuitmaker and Schmidt introduced Senate Bill No. 727, entitled A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 1105, 3113, and 6101 (MCL 289.1105, 289.3113, and 289.6101), section 1105 as amended by 2014 PA 516 and section 6101 as amended by 2012 PA 178. The bill was read a first and second time by title and referred to the Committee on Agriculture. Senator Robertson introduced Senate Bill No. 728, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8123 (MCL 600.8123), as amended by 2014 PA 58. The bill was read a first and second time by title and referred to the Committee on Judiciary. 92 JOURNAL OF THE SENATE [February 2, 2016] [No. 9 Senators Schmidt, Stamas, Knezek, Hood, Hansen, Booher, Casperson and Zorn introduced Senate Bill No. 729, entitled A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 11 (MCL 46.11), as amended by 2012 PA 15. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senators Ananich, Young, Gregory, Bieda and Knezek introduced Senate Bill No. 730, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 5403 (MCL 324.5403), as added by 1997 PA 26. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Ananich, Young, Bieda, Gregory and Knezek introduced Senate Bill No. 731, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 5409 (MCL 324.5409), as added by 1997 PA 26. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Jones, Zorn, Kowall, Young, Hansen, MacGregor, Nofs, Hildenbrand, Robertson, Hune, Knezek, Bieda and Johnson introduced Senate Bill No. 732, entitled A bill to amend 1895 PA 1, entitled “An act to provide for the incorporation of Masonic Associations; and to impose certain duties upon the department of commerce,” (MCL 457.221 to 457.227) by adding section 4a. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Young, Knezek, Ananich, Hood, Hertel, Hopgood, Smith, Gregory and Johnson introduced Senate Bill No. 733, entitled A bill to amend 2012 PA 436, entitled “Local financial stability and choice act,” (MCL 141.1541 to 141.1575) by adding section 12a. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Knezek, Ananich, Hertel, Hood, Smith, Hopgood, Bieda, Gregory, Johnson and Young introduced Senate Bill No. 734, entitled A bill to repeal 2012 PA 436, entitled “Local financial stability and choice act,” (MCL 141.1541 to 141.1575). The bill was read a first and second time by title and referred to the Committee on Government Operations. Senator Young introduced Senate Bill No. 735, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” (MCL 168.1 to 168.992) by adding section 493a. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senators Warren, Knezek, Gregory, Hertel and Young introduced Senate Bill No. 736, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 20190. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senator MacGregor introduced Senate Bill No. 737, entitled A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of No. 9] [February 2, 2016] JOURNAL OF THE SENATE 93 the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 25 (MCL 205.25), as amended by 2002 PA 657. The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. Senator Booher introduced Senate Bill No. 738, entitled A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending section 13 (MCL 38.1133), as amended by 2014 PA 545. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4783, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11546 (MCL 324.11546), as amended by 2006 PA 56. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 4868, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 9 (MCL 259.9), as amended by 2002 PA 35, and by adding section 98. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 521 Senate Bill No. 522 Senate Bill No. 673 The motion prevailed. The following bill was read a third time: Senate Bill No. 521, entitled A bill to create the Michigan historical commission; and to prescribe its powers and duties. The question being on the passage of the bill, Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 11:20 a.m. 11:25 a.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. The bill was passed, a majority of the members serving voting therefor, as follows: 94 JOURNAL OF THE SENATE [February 2, 2016] Roll Call No. 19 [No. 9 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Gregory Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 522, entitled A bill to create the Michigan historical center; to prescribe the authority of the center; to provide for the archives of Michigan and the Michigan historical museum to be under the control and supervision of the center; to provide steward­ ship for the museum and archival collection of this state; to provide for the management of state and local government records of archival value; to prescribe the powers and duties of certain state and local agencies and officials; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 20 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 No. 9] [February 2, 2016] JOURNAL OF THE SENATE 95 Excused—1 Gregory Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 673, entitled A bill to amend 2000 PA 146, entitled “Obsolete property rehabilitation act,” by amending section 16 (MCL 125.2796), as amended by 2010 PA 137. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 21 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Gregory Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Booher as Chairperson. 96 JOURNAL OF THE SENATE [February 2, 2016] [No. 9 After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 502, entitled A bill to amend 1984 PA 323, entitled “The health care false claim act,” by amending section 4a (MCL 752.1004a), as added by 2004 PA 411. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendments, the following bill: Senate Bill No. 709, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 401, 507, 517, 803, 808, 841, 8115, 8121a, 8123, 8159, 8162, and 8304 (MCL 600.401, 600.507, 600.517, 600.803, 600.808, 600.841, 600.8115, 600.8121a, 600.8123, 600.8159, 600.8162, and 600.8304), section 401 as amended by 2012 PA 338, section 507 as amended by 2014 PA 57, section 517 as amended by 2014 PA 56, section 803 as amended by 2012 PA 36, section 808 as amended by 2004 PA 492, sections 841 and 8304 as amended by 2013 PA 164, and sections 8121a and 8123 as amended by 2014 PA 58. The following are the amendments recommended by the Committee of the Whole: 1. Amend page 5, following line 5, by inserting: “Sec. 519. (1) Except as provided in subsection (2), the THE eighteenth judicial circuit consists of the county of Bay and has 3 judges. (2) Beginning on the earlier of the following dates, the eighteenth judicial circuit has 2 judges: (a) The date on which a vacancy occurs in the office of circuit judge in the eighteenth judicial circuit. (b) The beginning date of the term for which an incumbent circuit judge in the eighteenth judicial circuit no longer seeks election or reelection to that office.”. 2. Amend page 7, line 2, by striking out all of subsection (6) and renumbering the remaining subsections. 3. Amend page 8, line 11, by striking out all of subsection (13) and renumbering the remaining subsections. 4. Amend page 9, line 17, by striking out all of section 808. 5. Amend page 16, line 25, after “has” by striking out “2 judges” and inserting “1 JUDGE”. 6. Amend page 18, following line 2, by inserting: “Sec. 8139. (1) The EXCEPT AS PROVIDED IN SUBSECTION (2), THE seventy-fourth district consists of the county of Bay, is a district of the first class and has 3 judges. (2) BEGINNING ON THE EARLIER OF THE FOLLOWING DATES, THE SEVENTY-FOURTH DISTRICT HAS 2 JUDGES: (A) THE DATE ON WHICH A VACANCY OCCURS IN THE OFFICE OF THE DISTRICT JUDGE IN THE SEVENTY-FOURTH DISTRICT, UNLESS THE VACANCY OCCURS AFTER THE VACATING JUDGE HAS BEEN DEFEATED IN A PRIMARY OR GENERAL ELECTION. (B) THE BEGINNING DATE OF THE TERM FOR WHICH AN INCUMBENT DISTRICT JUDGE IN THE SEVENTY-FOURTH DISTRICT NO LONGER SEEKS ELECTION OR REELECTION TO THAT OFFICE AS AN INCUMBENT.”. 7. Amend page 18, line 3, by striking out all of section 8159. 8. Amend page 18, line 9, by striking out all of section 8162. The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. By unanimous consent the Senate proceeded to the order of Statements Senator Knezek asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Knezek’s statement is as follows: Colleagues, earlier today I introduced Senate Bill No. 734, legislation that would repeal Michigan’s emergency manager law. I don’t need to explain how unpopular emergency managers have been in our state. As many of us know, a healthy majority of Michiganders voted to get rid of the law back in 2012. Regardless, the Legislature and this Governor ignored the will of the people and signed it back into law, this time with an appropriation making it referendum-proof. The entire process was wholly undemocratic. No. 9] [February 2, 2016] JOURNAL OF THE SENATE 97 Fitting, I suppose, because emergency managers are not elected officials, even if they act like them. They’re not held to the same standards, and they’re not subject to the checks that should help keep them honest and accountable. Their contracts even include hold-harmless provisions absolving them from future blame. In the event of a lawsuit, the state is required to defend the emergency manager, the costs of which are then passed on to the cash-strapped municipality or school district they’re supposedly trying to help. The bottom line is that emergency managers don’t answer to anyone. You can’t have tiny dictators living in a world governed solely by spreadsheets, overruling locally-elected officials whenever they deem it fiscally prudent. On the whole, emergency managers have been so focused on balancing checkbooks that they’ve neglected the services people need to survive. When you forget that running a city or a state isn’t just about financial solvency, people get hurt. People die. Children’s futures fall through the cracks. Look at Flint. An entire city was affected by lead in their water. More than 9,000 children have been—and may continue to be—exposed to a potent neurotoxin. Despite all of the state’s inter­ ventions, almost all of which were too little too late, most people still can’t drink the water. All of that could have been prevented if one person hadn’t had the carte blanche authority to make decisions. That same person who traumatized Flint is now running the Detroit Public Schools system, and he’s not doing well there either. You’ve seen the pictures. Kids are struggling to learn in moldy, water-damaged, overcrowded, and rat-infested class­ rooms, some without heat, and many more without textbooks. When the teachers complained, the emergency manager refused to meet with the union. When teachers took to the streets to fight for safe learning environments for their students, the emergency manager signed a snitch order into the teacher rulebook that not only made it against the rules to protest, but also made it a punishable offense to fail to report a protest. Rather than listening to the teachers and fixing obvious problems, the emergency manager found it prudent to sweep everything under the rug. The Detroit Public Schools employees and the parents who send their children to Detroit schools should not have to resort to a lawsuit to ensure their concerns are heard in good faith. It’s time for the majority to show the people of Michigan that it’s willing to listen and learn from its mistakes. To prevent future disasters, we must acknowledge that the emergency manager law was a failed experiment. Supporting this legis­ lation is a vote for local control and for encouraging collaboration between elected officials and state-appointed experts who can help fix the challenges our cities and our school districts are facing. Committee Reports The Committee on Transportation reported Senate Bill No. 501, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 302a (MCL 257.302a), as amended by 2006 PA 298. With the recommendation that the substitute (S-3) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Transportation reported House Bill No. 4455, entitled A bill to amend 1925 PA 354, entitled “An act to provide for the construction, improvement, repair and maintenance of bridges; to provide for inter-municipal and interstate bridges; to provide for bridges over navigable streams and for their operation; to provide for the construction, improvement and maintenance of bridges over mill races; and to regulate the altering of the stage of water, and the widening and deepening of the channel of watercourses,” by amending section 19a (MCL 254.19a), as amended by 1982 PA 375. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill was referred to the Committee of the Whole. 98 JOURNAL OF THE SENATE [February 2, 2016] [No. 9 The Committee on Transportation reported House Bill No. 4853, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 811a (MCL 257.811a), as amended by 2003 PA 103. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill was referred to the Committee of the Whole. The Committee on Transportation reported House Bill No. 4854, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 309 and 312b (MCL 257.309 and 257.312b), section 309 as amended by 2015 PA 11 and section 312b as amended by 2013 PA 177. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, January 28, 2016, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood COMMITTEE ATTENDANCE REPORT he Senate Fiscal Agency Board of Governors submitted the following: T Meeting held on Thursday, January 28, 2016, at 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Meekhof (C), Hildenbrand, MacGregor, Ananich and Gregory Scheduled Meetings Appropriations - Wednesday, February 3, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-1801) Subcommittees Agriculture and Rural Development - Tuesdays, February 23, March 1, March 8, March 15, and March 22, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Corrections and Judiciary - Wednesday, February 3, 12:30 p.m., Room 405, Capitol Building (373-2768) K-12, School Aid, Education and Education - Wednesday, February 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) State Police and Military Affairs - Tuesdays, February 23, March 1, March 8, and March 15, 8:30 a.m., Rooms 402 and 403; March 22, 8:30 a.m., Room 405; and May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) No. 9] [February 2, 2016] JOURNAL OF THE SENATE 99 Commerce - Wednesday, February 3, 8:30 a.m., Room 210, Farnum Building (373-5312) Criminal Justice Policy Commission - Wednesday, February 3, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Education and K-12, School Aid, Education Appropriations Subcommittee - Wednesday, February 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-5314) Government Operations - Thursday, February 4, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5307) Natural Resources - Wednesday, February 3, 12:30 p.m., Room 210, Farnum Building (373-5314) Regulatory Reform - Wednesday, February 3, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323) Transportation - Thursday, February 4, 8:30 a.m., Room 210, Farnum Building (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:41 a.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Wednesday, February 3, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 100 No. 10 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Wednesday, February 3, 2016. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—excused Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 102 JOURNAL OF THE SENATE [February 3, 2016] [No. 10 enator Phillip J. Pavlov of the 25th District offered the following invocation: S Most gracious God, we give You thanks and praise for all the blessings of Your merciful providence bestowed upon this nation and people. We beseech You to give us a just sense of Your great mercies, such as may appear in our lives by a humble, holy, and obedient walk before You all our days. Almighty God, who has given us this good land for our heritage, we humbly beseech You that we may always prove our­ selves a people mindful of Your favor and glad to do Your will. Bless our land with honorable industry, sound learning, and pure manners. Save us from violence, discord, and confusion; from pride and arrogance; and from every evil way. Defend our liberties, and fashion us into one united people. Endow with the spirit of wisdom those to whom we entrust the authority of government, that there may be justice and peace in our land, and that, through obedience to Your law, we may show forth Your praise among the nations of the earth. In the time of prosperity, fill our hearts with thankfulness; and in the day of trouble, let our trust in You not fail. O God, the fountain of wisdom, whose statutes are good and gracious and whose law is truth, we beseech You to guide and bless the Legislature of this state, that it may ordain only such things that please You. To the glory of Your name and the welfare of the people, through Jesus Christ Your Son. Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Smith entered the Senate Chamber. enator Kowall moved that Senator Casperson be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Johnson and Young be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Gregory be excused from today’s session. S The motion prevailed. Senator Kowall moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today: Senate Bill No. 644 The motion prevailed, a majority of the members serving voting therefor. he Secretary announced that the Majority Leader has made the appointment of the following standing committee: T Commerce - Senator O’Brien replacing Senator Nofs. The standing committee appointment was approved, a majority of the members serving voting therefor. The following communication was received and read: Office of the Senate Majority Leader February 2, 2016 I would like House Bill 4783 re-referred to the Senate Committee on Government Operations. If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communication was referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, February 2: House Bill Nos. 4582 4583 No. 10] [February 3, 2016] JOURNAL OF THE SENATE 103 The Secretary announced that the following bills were printed and filed on Tuesday, February 2, and are available at the Michigan Legislature website: Senate Bill Nos. 727 728 729 730 731 732 733 734 735 736 737 738 House Bill Nos. 5280 5281 5282 5283 5284 5285 5286 5287 5288 5289 5290 5291 5292 5293 5294 5295 5296 5297 5298 5299 5300 5301 5302 5303 5304 5305 5306 Senator Young entered the Senate Chamber. Messages from the Governor The following messages from the Governor were received: Date: February 2, 2016 Time: 10:30 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 232 (Public Act No. 7), being An act to amend 1937 PA 94, entitled “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,” by amending section 2 (MCL 205.92), as amended by 2013 PA 234. (Filed with the Secretary of State on February 2, 2016, at 4:06 p.m.) Date: February 2, 2016 Time: 10:32 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 233 (Public Act No. 8), being An act to amend 1933 PA 167, entitled “An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,” by amending section 1 (MCL 205.51), as amended by 2013 PA 160. (Filed with the Secretary of State on February 2, 2016, at 4:08 p.m.) Respectfully, Rick Snyder Governor The following message from the Governor was received on February 2, 2016, and read: EXECUTIVE ORDER No. 2016-4 Creation of Office of Performance and Transformation State Budget Office Office of Regulatory Reinvention Department of Licensing and Regulatory Affairs Office of Good Government Department of Technology, Management and Budget Executive Reorganization HEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power in the Governor; and W WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that the Governor considers necessary for efficient administration; and 104 JOURNAL OF THE SENATE [February 3, 2016] [No. 10 HEREAS, there is a continued need to reorganize the functions among state departments for efficient administration; and W WHEREAS, state government must be innovative and efficient in order to deliver the services citizens deserve; and WHEREAS, the people of the state of Michigan deserve a regulatory environment and regulatory processes that are fair, efficient, transparent, innovative, and conducive to business growth and job creation; and WHEREAS, the core functions of regulatory reinvention, systematic process review, and strategic and performance excel­ lence by state departments and agencies are inherently and inextricably linked; and WHEREAS, the movement toward government excellence and transformation must be aligned with accountability and financial resources through a permanent linkage with the Office of Internal Audit and the State Budget Office; NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I. CREATION A. The Office of Performance and Transformation (“OPT”) is created within the State Budget Office, Department of Technology, Management and Budget. B. The State Budget Director shall appoint an Executive Director of OPT. In addition to the powers, duties, and responsi­ bilities vested in the Executive Director of OPT under this Order or by Michigan law as transferred by this Order, the Executive Director may also serve in other offices within the State Budget Office provided those offices are not incompatible under Michigan law. C. OPT shall be responsible for continuous and systematic review and coordination of the state’s regulatory, business, and customer service environments and processes as well as coordination and implementation of performance management metrics, service process optimization efforts, employee engagement programs and protocols, and change management and leadership education and training. II.  TRANSFER OF OFFICE OF REGULATORY REINVENTION A. All authority, powers, duties, functions, responsibilities, and rule- making authority vested in the Office of Regulatory Reinvention under Executive Order 2011-5 are transferred to OPT. B. All authority, powers, duties, functions, and responsibilities vested in the Director of the Department of Licensing and Regulatory Affairs as Executive Director of the Office of Regulatory Reinvention and Chief Regulatory Officer of the state of Michigan are transferred to the Executive Director of OPT. The Executive Director of OPT is the Chief Regulatory Officer of the state of Michigan. C. All records, personnel, property, unexpended balances of appropriations, allocations, or other funds used, held, employed, available, or to be made available to the Department of Licensing and Regulatory Affairs for the activities, powers, duties, functions, and responsibilities transferred by Section II of this Order are transferred to OPT. D. The Executive Director of OPT, after consultation with the Director of the Department of Licensing and Regulatory Affairs, shall provide executive direction and supervision for the implementation of the transfers. The assigned functions shall be administered under the direction and supervision of the Executive Director of OPT. III.  TRANSFER OF OFFICE OF GOOD GOVERNMENT A. All authority, powers, duties, functions, and responsibilities of the Office of Good Government, an administrative unit housed within the Department of Technology, Management and Budget, are transferred to OPT. B. All records, personnel, property, unexpended balances of appropriations, allocations, or other funds used, held, employed, available, or to be made available to the Department of Technology, Management and Budget for the activities, powers, duties, functions, and responsibilities transferred by Section III of this Order are transferred to OPT. C. The Executive Director of OPT, after consultation with the Director of the Department of Technology, Management and Budget shall provide executive direction and supervision for the implementation of the transfers. The assigned functions shall be administered under the direction and supervision of the Executive Director of OPT. D. The Executive Director of OPT and the Director of the Department of Technology, Management and Budget shall jointly identify the program positions and administrative function positions that will be transferred to OPT under this Order. All transfers to OPT shall be consistent with this Order and documented by a memorandum of understanding between the Director of the Department of Technology, Management and Budget and the Executive Director of OPT. IV.  CENTER FOR REINVENTING PERFORMANCE IN MICHIGAN A. OPT shall develop, maintain, monitor, and facilitate Lean process initiatives to be implemented in each department and agency. OPT shall establish uniform protocols and procedures to be used for these Reinventing Performance in Michigan (“RPM”) initiatives. B. OPT shall operate a RPM Center of Excellence to provide coaching, mentoring, and oversight for all state and agency RPM initiatives. C. The Executive Director of OPT and the Directors of the Department of Licensing and Regulatory Affairs and the Department of Technology, Management and Budget shall jointly identify the program positions and administrative function positions that will be transferred to OPT under this Order to operate the RPM Center of Excellence. All transfers to OPT shall be consistent with this Order and documented by a memorandum of understanding between the Director of the principal department affected by this Order and the Executive Director of OPT. No. 10] [February 3, 2016] JOURNAL OF THE SENATE 105 V. OTHER DUTIES AND RESPONSIBILITIES A. OPT shall develop, maintain, and promote statewide programs for change management, employee engagement, performance management, and process improvement. Such programs may include the following: 1. Creation and maintenance of communication mechanisms, such as websites, to inform departments and agencies and the public on performance excellence matters. 2. Assignment of liaisons to each department or agency to lend support for performance excellence activities. 3. Coordination of periodic statewide employee surveys. 4. Creation and maintenance of information technology systems to store and report information regarding activities and plans for employee engagement, performance management, and process improvement. 5. Coordination of training programs for state employees to promote leadership and manager development, employee engagement, performance management, and process improvement. 6. Scheduling and hosting periodic employee events and employee recognition programs. B. OPT shall periodically review and evaluate the existing and proposed performance excellence activities and plans of the departments and agencies. C. OPT shall make an annual written report to the Governor with respect to its review and recommendations concerning statewide performance excellence activities. In forming its recommendations, OPT shall consider such factors and infor­ mation it deems useful, including consultation with the Directors of Departments. D. Within 30 days of the date of this Order, each Department and Agency Director shall designate a Performance Excel­ lence Officer who shall be responsible for coordinating performance excellence responsibilities and who shall serve as the liaison to OPT. E. No later than October 1, 2016, and by October 1 of each successive year, each Performance Excellence Officer shall submit to OPT a Performance Excellence Plan, which shall include, at minimum, each performance excellence initiative that the Performance Excellence Officer reasonably expects to begin processing during the following 12-month period. The Department and Agency Director shall personally approve the Performance Excellence Plan. OPT shall determine such other contents of the Performance Excellence Plan that it deems necessary. VI. IMPLEMENTATION A. The Directors of the Departments impacted by this Order shall administer the functions transferred in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities under this Order. B. All records, personnel, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available or to be available to entities transferred by this Order are hereby transferred to the Executive Director of OPT. C. All rules, orders, contracts, plans, and agreements relating to the functions transferred by this Order lawfully adopted prior to the effective date of this Order by the responsible state department shall continue to be effective until revised, amended, or rescinded. D. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity transferred by this Order shall not abate by reason of the taking effect of this Order. Any lawfully commenced suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order. E. The State Budget Director shall determine and authorize the most efficient manner possible for the handling of financial transactions and records in the state’s financial management system for the remainder of the current state fiscal year for trans­fers made under this Order. F. The Office of Regulatory Reinvention, created by Executive Order 2011-5, is abolished. G. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper juris­diction shall be severable from the remaining portions of this Order. In fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, this Order shall be effective 60 days after the filing of this Order. Given under my hand and the Great Seal of the state of [SEAL] Michigan this 2nd day of February, in the Year of Our Lord Two Thousand Sixteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. 106 JOURNAL OF THE SENATE [February 3, 2016] [No. 10 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Hildenbrand as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 719, entitled A bill to amend 2005 PA 244, entitled “Deferred presentment service transactions act,” by amending section 35 (MCL 487.2155). Senate Bill No. 644, entitled A bill to amend 1987 PA 230, entitled “Municipal health facilities corporations act,” by amending section 305a (MCL 331.1305a), as added by 2010 PA 331. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 607, entitled A bill to amend 2005 PA 244, entitled “Deferred presentment service transactions act,” by amending section 2 (MCL 487.2122). Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 501, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 302a (MCL 257.302a), as amended by 2006 PA 298. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senator Casperson entered the Senate Chamber. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: House Bill No. 5023 Senate Bill No. 502 Senate Bill No. 709 The motion prevailed. The following bill was read a third time: House Bill No. 5023, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 75102 (MCL 324.75102), as amended by 2012 PA 251. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 22 Ananich Bieda Yeas—36 Hertel Hildenbrand Kowall Rocca MacGregor Schmidt No. 10] [February 3, 2016] JOURNAL OF THE SENATE Booher Hood Brandenburg Hopgood Casperson Horn Colbeck Hune Emmons Jones Green Knezek Hansen Knollenberg 107 Marleau Schuitmaker Meekhof Shirkey Nofs Smith O’Brien Stamas Pavlov Warren Proos Young Robertson Zorn Nays—0 Excused—2 Gregory Johnson Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 502, entitled A bill to amend 1984 PA 323, entitled “The health care false claim act,” by amending section 4a (MCL 752.1004a), as added by 2004 PA 411. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 23 Yeas—36 Ananich Hertel Bieda Hildenbrand Booher Hood Brandenburg Hopgood Casperson Horn Colbeck Hune Emmons Jones Green Knezek Hansen Knollenberg Nays—0 Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Smith O’Brien Stamas Pavlov Warren Proos Young Robertson Zorn 108 JOURNAL OF THE SENATE [February 3, 2016] [No. 10 Excused—2 Gregory Johnson Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 709, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 401, 507, 517, 803, 808, 841, 8115, 8121a, 8123, 8159, 8162, and 8304 (MCL 600.401, 600.507, 600.517, 600.803, 600.808, 600.841, 600.8115, 600.8121a, 600.8123, 600.8159, 600.8162, and 600.8304), section 401 as amended by 2012 PA 338, section 507 as amended by 2014 PA 57, section 517 as amended by 2014 PA 56, section 803 as amended by 2012 PA 36, section 808 as amended by 2004 PA 492, sections 841 and 8304 as amended by 2013 PA 164, and sections 8121a and 8123 as amended by 2014 PA 58. The question being on the passage of the bill, Senator Hertel offered the following amendment: 1. Amend page 8, line 2, by striking out all of subsection (11) and renumbering the remaining subsections. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 24 Yeas—10 Ananich Hertel Knezek Warren Bieda Hood Smith Young Brandenburg Hopgood Nays—26 Booher Horn Meekhof Rocca Casperson Hune Nofs Schmidt Colbeck Jones O’Brien Schuitmaker Emmons Knollenberg Pavlov Shirkey Green Kowall Proos Stamas Hansen MacGregor Robertson Zorn Hildenbrand Marleau Excused—2 Gregory Johnson No. 10] [February 3, 2016] JOURNAL OF THE SENATE Not Voting—0 In The Chair: Schuitmaker Senator Johnson entered the Senate Chamber. Senator Johnson offered the following amendment: 1. Amend page 12, line 11, by striking out all of section 8121a. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 25 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Colbeck Hopgood Smith Nays—26 Booher Horn Meekhof Rocca Brandenburg Hune Nofs Schmidt Casperson Jones O’Brien Schuitmaker Emmons Knollenberg Pavlov Shirkey Green Kowall Proos Stamas Hansen MacGregor Robertson Zorn Hildenbrand Marleau Excused—1 Gregory Not Voting—0 In The Chair: Schuitmaker he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 26 Yeas—27 Booher Hildenbrand Meekhof Schmidt Brandenburg Horn Nofs Schuitmaker Casperson Hune O’Brien Shirkey 109 110 JOURNAL OF THE SENATE [February 3, 2016] [No. 10 Colbeck Jones Pavlov Stamas Emmons Knollenberg Proos Warren Green MacGregor Robertson Zorn Hansen Marleau Rocca Nays—10 Ananich Hood Knezek Smith Bieda Hopgood Kowall Young Hertel Johnson Excused—1 Gregory Not Voting—0 In The Chair: Schuitmaker enator Casperson offered to amend the title to read as follows: S A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 401, 507, 517, 519, 803, 841, 8115, 8121a, 8123, 8139, and 8304 (MCL 600.401, 600.507, 600.517, 600.519, 600.803, 600.841, 600.8115, 600.8121a, 600.8123, 600.8139, and 600.8304), section 401 as amended by 2012 PA 338, section 507 as amended by 2014 PA 57, section 517 as amended by 2014 PA 56, section 519 as amended by 2012 PA 38, section 803 as amended by 2012 PA 36, sections 841 and 8304 as amended by 2013 PA 164, and sections 8121a and 8123 as amended by 2014 PA 58. The amendment to the title was adopted. The Senate agreed to the title as amended. Senators Hertel, Young and Bieda asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Hertel’s statement is as follows: Colleagues, I rise today to offer an amendment to Senate Bill No. 709. My amendment would preserve the Ingham County probate judgeship that the Judicial Resources Recommendations report suggests removing. After speaking with local estate planning attorneys, it’s clear that it is not prudent at this time. If you’re not aware, there are only two probate judges in Ingham County. They’re hugely busy. If you look at the actual report, even after this change, they will be at 98 percent efficiency. Knowing that’s not actually going to occur for two to three years from now, we have no idea what those numbers will look like then. What I can tell you is that our population, in general, is getting older and will be in more need of these services. Hearings are scheduled more than a month in advance right now, which is double the time it takes in some other jurisdictions across this state. In the event a judge goes on vacation, the entire system will grind to a halt. Traveling judges are occasionally able to fill in, but they may not understand the ins and outs of the local system. This not only makes it difficult for attorneys and legal assistants, but also, more importantly, for families who are going through probate to achieve some sense of closure. It’s not just about last wishes; probate courts handle guardianships and adoptions. I know all too well. My son Nathan was adopted through the Ingham County Probate Court. Lives literally hang in the balance while schedules stretch. Keeping this process moving smoothly will go a long way to ensuring estates and people are treated with the dignity and the respect they deserve. I urge you to support this amendment. No. 10] [February 3, 2016] JOURNAL OF THE SENATE 111 Senator Young’s statement is as follows: Colleagues, I rise today to speak to an amendment to Senate Bill No. 709. This amendment would eliminate the provision in this legislation to remove a judgeship from the 36th District Court in Detroit. Detroit is home to some of the busiest courts in our state, and caseloads have doubled in the past year alone. That’s why we need to bring Recorder’s Court back, but that’s a story for another day. In addition, Detroit recently entered into a memorandum of understanding with the Wayne County Prosecutor’s Office. This allows the city to prosecute certain cases that it did not previously handle. This will require more resources, not less. So, although the suggestions in the Judicial Resources Recommendations report were arrived at through a careful analysis, that analysis did not include the increased caseloads. We need to make a commitment to Detroit’s recovery, and a robust judicial system is a step in the right direction. We need to talk about fair representation in jury pools. We need to talk about how we should cut down on the caseloads; how we can serve more people in the 36th District Court; how we can be more efficient and more effective; and be a better representation of the people it’s supposed to serve, not take away from it. If you’re like me, you’re concerned about access to the courts and making sure that everyone gets a fair shake in our justice system. So for truth, justice, and the American way; for life, liberty, and the pursuit of happiness, vote “yes” for this amendment. enator Bieda’s statement is as follows: S Colleagues, I rise today to offer my support along with the Senators from the 1st and 7th Districts’ comments. I under­ stand that the allocation of judgeships isn’t the most exciting issue we’re dealing with here in Michigan today, but it’s vital to the health of our judiciary system. I know that everyone in this chamber believes justice must be delivered swiftly and fairly. However, that is a different proposition when we don’t have enough judges to hear cases. Senate Bill No. 709, as written, would remove judgeship positions from a multitude of districts, including the incredibly busy 36th District Court in Detroit. If you recall, the Legislature eliminated one position in 2013, and now we’re poised to lose another. That is a mistake, and, trust me, I know this firsthand. When we heard testimony about this legislation, Detroit’s general counsel reported that in November 2014, the city was handling approximately 200 cases per day. By November 2015, that number had increased to 400 cases per day. They also grew their prosecutorial staff from 8 to 15. Those are not insignificant changes. To be clear, the Judicial Resources Recommendations report did not reflect this information, making the recommendations inaccurate. We can’t expect a fair delivery of justice when work doubles without assistance. While I recognize that being fiscally responsible is important, particularly when taxpayer dollars are at work, we cannot risk overburdening an already-stressed legal system. Remember, the city of Detroit is fresh out of bankruptcy. Quality of life in the city is starting to improve. That can’t continue without effective law enforcement and a strong judicial system. I encourage you to vote for this amendment to ensure that our courts continue to perform at their highest levels. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senators Schmidt, Kowall and Stamas introduced Senate Bill No. 739, entitled A bill to amend 2012 PA 387, entitled “Regional transit authority act,” (MCL 124.541 to 124.558) by adding section 10a. The bill was read a first and second time by title and referred to the Committee on Transportation. Senators Warren, Smith and O’Brien introduced Senate Bill No. 740, entitled A bill to amend 1846 RS 83, entitled “Of marriage and the solemnization thereof,” by amending sections 7 and 16 (MCL 551.7 and 551.16), section 7 as amended by 2014 PA 278 and section 16 as amended by 2006 PA 419. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Jones, Colbeck, Nofs, Schuitmaker, Stamas and Shirkey introduced Senate Bill No. 741, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 22203 (MCL 333.22203), as amended by 2002 PA 619. The bill was read a first and second time by title and referred to the Committee on Health Policy. House Bill No. 4582, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17001 and 17501 (MCL 333.17001 and 333.17501), as amended by 2006 PA 161, and by adding sections 17011a and 17511a. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Health Policy. 112 JOURNAL OF THE SENATE [February 3, 2016] [No. 10 House Bill No. 4583, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16189; and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Health Policy. Committee Reports The Committee on Education reported Senate Bill No. 713, entitled A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending sections 2a and 6 (MCL 423.202a and 423.206), section 2a as added and section 6 as amended by 1994 PA 112. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher and Colbeck Nays: Senator Knezek The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Education reported Senate Bill No. 714, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1535b. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher and Colbeck Nays: Senator Knezek The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Education reported Senate Bill No. 715, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” (MCL 388.1601 to 388.1896) by adding sec­ tion 164g. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher and Colbeck Nays: Senator Knezek The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, February 2, 2016, at 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek No. 10] [February 3, 2016] JOURNAL OF THE SENATE 113 The Committee on Local Government reported Senate Bill No. 569, entitled A bill to amend 1978 PA 30, entitled “An act to provide for the creation and use of budget stabilization funds by counties, cities, villages, and townships,” by amending section 3 (MCL 141.443). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Proos, Brandenburg and Rocca Nays: None The bill was referred to the Committee of the Whole. The Committee on Local Government reported House Bill No. 4758, entitled A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sections 132, 221, 275, 277, 278, 280, 476, 528, and 569 (MCL 280.132, 280.221, 280.275, 280.277, 280.278, 280.280, 280.476, 280.528, and 280.569), sections 275, 278, and 280 as amended by 2002 PA 406. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Proos, Brandenburg and Rocca Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, February 2, 2016, at 12:30 p.m., Room 100, Farnum Building Present: Senators Zorn (C), Proos, Brandenburg and Rocca Excused: Senator Young The Committee on Health Policy reported Senate Bill No. 644, entitled A bill to amend 1987 PA 230, entitled “Municipal health facilities corporations act,” by amending section 305a (MCL 331.1305a), as added by 2010 PA 331. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Tuesday, February 2, 2016, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood The Committee on Banking and Financial Institutions reported Senate Bill No. 737, entitled A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of 114 JOURNAL OF THE SENATE [February 3, 2016] [No. 10 the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 25 (MCL 205.25), as amended by 2002 PA 657. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Darwin L. Booher Chairperson To Report Out: Yeas: Senators Booher, O’Brien, Nofs, Zorn, MacGregor and Young Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Banking and Financial Institutions submitted the following: T Meeting held on Tuesday, February 2, 2016, at 2:30 p.m., Room 100, Farnum Building Present: Senators Booher (C), O’Brien, Nofs, Zorn, MacGregor, Rocca and Young Excused: Senator Hertel COMMITTEE ATTENDANCE REPORT he Committee on Economic Development and International Investment submitted the following: T Joint meeting held on Tuesday, February 2, 2016, at 3:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Horn (C), Schmidt, Brandenburg, Stamas, Emmons, Warren and Bieda Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesdays, February 23, March 1, March 8, March 15, and March 22, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) State Police and Military Affairs - Tuesdays, February 23, March 1, March 8, and March 15, 8:30 a.m., Rooms 402 and 403; March 22, 8:30 a.m., Room 405; and May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Government Operations - Thursday, February 4, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5307) Transportation - Thursday, February 4, 8:30 a.m., Room 210, Farnum Building (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:35 a.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, February 4, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 11 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Thursday, February 4, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—excused Stamas—present Warren—present Young—present Zorn—present 116 JOURNAL OF THE SENATE [February 4, 2016] [No. 11 Father Tom McNally of St. Joseph Catholic Church of St. Joseph offered the following invocation: Almighty God, giver of all good gifts, we thank You for the many blessings that You have poured out upon us; for the gift of our great country; for the chance to live in the beautiful state in which we live; and especially for all the people You have given us, whom we have the honor to have been chosen to serve. You know all of the anxieties which weigh on our hearts this day. In our mutual desire for the welfare of Your people; for the safety, the education, and well-being of all of Your children, especially the neediest among us—those in Flint, those in Detroit, and all of those among our constituents whom we hold so close in our hearts—we ask You to inspire us all in that shared desire for their welfare and to bless and strengthen all of those who serve. With Your wisdom and courage, with Your integrity, justice, and love, that we might bear much fruit in our work this day and always for the common good, for Your glory, and for the benefit of all whom we serve. We ask this and all things through Christ our Lord. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Nofs entered the Senate Chamber. enator Kowall moved that Senators Schuitmaker and O’Brien be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Smith be excused from today’s session. S The motion prevailed. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:04 a.m. 10:47 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senator O’Brien entered the Senate Chamber. Senator Kowall moved that the Committee on Appropriations be discharged from further consideration of the following bill: Senate Bill No. 136, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders. Senator Kowall moved that the rules be suspended and that the following bill, now on the order of General Orders, be placed on the General Orders calendar for consideration today: Senate Bill No. 136 The motion prevailed, a majority of the members serving voting therefor. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 Senate Resolution No. 12 The motion prevailed. No. 11] [February 4, 2016] JOURNAL OF THE SENATE 117 Senators Schuitmaker, O’Brien, Emmons and Warren offered the following resolution: Senate Resolution No. 140. A resolution proclaiming February 2016 as American Heart Month and February 5, 2016, as Wear Red Day. Whereas, Heart disease and stroke kill 1 in 3 women in the U.S., yet 80 percent of cardiac events may be prevented; and Whereas, Cardiovascular diseases and stroke kill one woman every 80 seconds in the U.S.; and Whereas, An estimated 44 million women in the U.S. are affected by cardiovascular diseases; and Whereas, 90 percent of women have one or more risk factors for developing heart disease, yet only 1 in 5 American women believe that heart disease is her greatest health threat; and Whereas, Women comprise only 24 percent of participants in all heart-related studies; and Whereas, Women are less likely to call 911 for themselves when experiencing symptoms of a heart attack than they are if someone else were having a heart attack; and Whereas, Only 36 percent of African-American women and 34 percent of Hispanic women know that heart disease is their greatest health risk, compared with 65 percent of Caucasian women; and Whereas, Women involved with the American Heart Association’s Go Red For Women® movement live healthier lives. Nearly 90 percent have made at least one healthy behavior change; and Whereas, Go Red For Women encourages women to take charge of their health and schedule a well-woman visit to learn about their health status and risk for diseases; and Whereas, Go Red For Women is asking all Americans to Go Red by wearing red and speaking red. • Get Your Numbers: Ask your doctor to check your blood pressure, cholesterol, and glucose. • Own Your Lifestyle: Stop smoking, lose weight, be physically active, and eat healthy. • Raise Your Voice: Advocate for more women-related research and education. • Educate Your Family: Make healthy food choices for you and your family. Teach your kids the importance of staying active. • Don’t Be Silent: Tell every woman you know that heart disease is their No. 1 killer. ; now, therefore, be it Resolved by the Senate, That we hereby proclaim February 2016 as American Heart Month and February 5, 2016, as Wear Red Day in the state of Michigan; and be it further Resolved, That we urge all citizens to show their support for women and the fight against heart disease by commemorat­ ing this day by wearing the color red. By increasing awareness, speaking up about heart disease, and empowering women to reduce their risk for cardiovascular disease, we can save thousands of lives each year. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Ananich, Bieda, Booher, Brandenburg, Casperson, Colbeck, Green, Gregory, Hansen, Hertel, Hildenbrand, Hood, Hopgood, Horn, Johnson, Jones, Knezek, Knollenberg, Kowall, MacGregor, Meekhof, Nofs, Pavlov, Proos, Rocca, Schmidt, Shirkey, Stamas, Young, Zorn and Hune were named co‑sponsors of the resolution. enate Concurrent Resolution No. 23. S A concurrent resolution to approve an extension of the state of emergency in the county of Genesee and the city of Flint. (For text of resolution, see Senate Journal No. 8, p. 85.) The House of Representatives has adopted the concurrent resolution. The concurrent resolution was referred to the Secretary for record. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator MacGregor as Chair­person. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with amendments, the following bill: Senate Bill No. 136, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The following are the amendments recommended by the Committee of the Whole: 1. Amend page 1, line 6, by striking out the balance of section 101 and inserting: “APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ 30,000,000 Total interdepartmental grants and intradepartmental transfers................................................... 0 118 JOURNAL OF THE SENATE [February 4, 2016] [No. 11 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 30,000,000 Total federal revenues................................................................................................................... 0 Total local revenues...................................................................................................................... 0 Total private revenues................................................................................................................... 0 Total other state restricted revenues............................................................................................. 0 State general fund/general purpose.............................................................................................. $ 30,000,000 Sec. 102. DEPARTMENT OF TREASURY (1) APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ 30,000,000 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 0 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 30,000,000 Federal revenues: Total federal revenues................................................................................................................... 0 Special revenue funds: Total local revenues...................................................................................................................... 0 Total private revenues................................................................................................................... 0 Total other state restricted revenues............................................................................................. 0 State general fund/general purpose.............................................................................................. $ 30,000,000 (2) GRANTS Flint declaration of emergency..................................................................................................... $ 30,000,000 GROSS APPROPRIATION.......................................................................................................... $ 30,000,000 Appropriated from: State general fund/general purpose.............................................................................................. $ 30,000,000” and adjusting the subtotals, totals, and section 201 accordingly. 2. Amend page 2, line 9, after “is” by striking out the balance of the line and inserting “$30,000,000.00 and state appropriations”. 3. Amend page 2, following line 13, by inserting: “DEPARTMENT OF TREASURY Sec. 301. (1) From the funds appropriated in part 1 for Flint declaration of emergency, $30,000,000.00 shall be allocated to help cover the cost of water bills for residents of the city of Flint. (2) The department shall report quarterly to the chairs of the senate and house appropriations committees on the distribution of the funds allocated pursuant to part 1.”. The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar: Senate Bill No. 136 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: Senate Bill No. 136, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, Senator Ananich offered the following amendments: 1. Amend page 1, line 6, by striking out the remainder of section 101 and inserting: “APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ 60,000,000 Total interdepartmental grants and intradepartmental transfers................................................... 0 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 60,000,000 Total federal revenues................................................................................................................... 0 Total local revenues...................................................................................................................... 0 Total private revenues................................................................................................................... 0 Total other state restricted revenues............................................................................................. 0 State general fund/general purpose.............................................................................................. $ 60,000,000 No. 11] [February 4, 2016] JOURNAL OF THE SENATE 119 Sec. 102. DEPARTMENT OF TREASURY (1) APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ 60,000,000 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 0 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 60,000,000 Federal revenues: Total federal revenues................................................................................................................... 0 Special revenue funds: Total local revenues...................................................................................................................... 0 Total private revenues................................................................................................................... 0 Total other state restricted revenues............................................................................................. 0 State general fund/general purpose.............................................................................................. $ 60,000,000 (2) GRANTS Flint declaration of emergency..................................................................................................... $ 60,000,000 GROSS APPROPRIATION.......................................................................................................... $ 60,000,000 Appropriated from: State general fund/general purpose.............................................................................................. $ 60,000,000” and adjusting the subtotals, totals, and section 201 accordingly. 2. Amend page 2, line 9, after “is” by striking out the balance of the line and inserting “$60,000,000.00 and state appropriations”. 3. Amend page 2, following line 13, by inserting: “DEPARTMENT OF TREASURY Sec. 301. (1) From the funds appropriated in part 1 for Flint declaration of emergency, $60,000,000.00 shall be allocated to help cover the cost of water bills for residents of the city of Flint. (2) The department shall report quarterly to the chairs of the senate and house appropriations committees on the distribution of the funds allocated pursuant to part 1.”. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 27 Ananich Bieda Gregory Hertel Yeas—14 Hood Knezek Warren Hopgood O’Brien Young Horn Rocca Zorn Johnson Nays—23 Booher Hansen MacGregor Robertson Brandenburg Hildenbrand Marleau Schmidt Casperson Hune Meekhof Schuitmaker Colbeck Jones Nofs Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Excused—1 Smith 120 JOURNAL OF THE SENATE [February 4, 2016] [No. 11 Not Voting—0 In The Chair: Schuitmaker Senator Hertel offered the following amendments: 1. Amend page 2, following section 102, by inserting: “Sec. 103. DEPARTMENT OF HEALTH AND HUMAN SERVICES (1) APPROPRIATION SUMMARY Full-time equated classified positions..................................................................................... 4.0 GROSS APPROPRIATION.......................................................................................................... $ 3,550,000 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 0 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 3,550,000 Federal revenues: Total federal revenues................................................................................................................... 0 Special revenue funds: Total local revenues...................................................................................................................... 0 Total private revenues................................................................................................................... 0 Total other state restricted revenues............................................................................................. 0 State general fund/general purpose.............................................................................................. $ 3,550,000 (2) WOMEN, INFANTS, AND CHILDREN FOOD AND NUTRITION PROGRAM Women, infants, and children program administration and special projects—4.0 FTE positions... $ 250,000 Women, infants, and children program local agreements and food costs.................................... 3,300,000 GROSS APPROPRIATION.......................................................................................................... $ 3,550,000 Appropriated from: State general fund/general purpose.............................................................................................. $ 3,550,000” and adjusting the subtotals, totals, and section 201 accordingly. 2. Amend page 2, following section 301, by inserting: “DEPARTMENT OF HEALTH AND HUMAN SERVICES Sec. 401. (1) From the funds appropriated in part 1 for the women, infants, and children program administration and special projects, 4.0 FTEs shall be hired and assigned to work in the city of Flint to provide women, infants, and children food program (WIC) services and enroll children up to age 10 in WIC. (2) From the funds appropriated in part 1 for the women, infants, and children program local agreements and food costs, $3,300,000.00 shall be allocated to expand WIC services to cover children up to age 10 in the city of Flint.”. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 28 Ananich Bieda Gregory Hertel Yeas—16 Hood Hopgood Horn Johnson Jones Schuitmaker Knezek Warren O’Brien Young Rocca Zorn Nays—21 Booher Hansen MacGregor Proos Brandenburg Hildenbrand Marleau Robertson Casperson Hune Meekhof Schmidt Colbeck Knollenberg Nofs Shirkey Emmons Kowall Pavlov Stamas Green No. 11] [February 4, 2016] JOURNAL OF THE SENATE 121 Excused—1 Smith Not Voting—0 In The Chair: Schuitmaker Senator Shirkey offered the following amendment: 1. Amend page 2, following section 301, by inserting: “Sec. 302. (1) There shall be no administrative charges, from any entity, removed or expended from the appropriations in part 1. (2) There shall be no expenditures from the funds appropriated in part 1 without specific authorization from the state treasurer. (3) All unexpended funds, as of September 30, 2016, from the appropriations in part 1 shall be returned to the department of treasury. (4) Any allocation to an entity receiving funds from the appropriations in part 1, other than a specific water and sewer customer, must be specifically approved by the state treasurer in each instance.”. The amendment was adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 29 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Smith Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. 122 JOURNAL OF THE SENATE [February 4, 2016] [No. 11 Senators Ananich, Hildenbrand and Meekhof asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Ananich’s first statement is as follows: I appreciate the swift action, particularly by this body, not just for this issue, but for the last two supplementals. This body has acted with swift action, and I appreciate it very much. But one of the things that the Governor said is that he wants to listen. He needs to listen to the locals in this case, particularly the mayor who has suggested this number may not be enough. I’m offering this amendment to build on the progress, because not doing this right could actually make the problem worse. The city finance people have said they will need a considerable amount more, so this amendment will provide it for them while we figure out the long-term solutions. Please consider approving this amendment so we don’t miss an opportunity to show that we are listening and acting. enator Ananich’s second statement is as follows: S The reason I was asking my colleagues to vote this bill down was because I felt putting additional roadblocks in the way of the State Treasurer and city to administer this program was ill-advised. I have been calling for robust oversight for the last six months, and none of you have joined me in that. Pretty much every other entity around has, and even Congress spoke about it yesterday. I am glad to see now that oversight is important. If you would have looked at the Governor’s proposal, it is a credit not a refund. To put this in place will dramatically hamstring the program that I believe he is trying to put in place. It is slightly different from mine, but it is a program I think needs to happen. Back to my point, I am grateful that we are finally acting with the urgency that I have been calling for and that we are identifying things like unfair bills that are at the forefront of the problems the residents of my community face. We have the ability to do this right, and I think we should. We should reimburse the entire amount of the water that we now know is unsafe. This water was so unsafe that there are 10 people dead due to Legionnaire’s disease. No one can say when or what percent of this water was or is safe. We can’t stand here and say that anyone should have been drinking Flint water. No good business person would expect only a partial refund for a product that was not only unfit for use, but actually poisoned them. Of course, I will be voting for this, and I appreciate the willingness to act so quickly, but I live in this community. This issue is very real to me and to my constituents. I think we have a duty to make sure we do these proposals right. enator Hildenbrand’s statement, in which Senator Schuitmaker concurred, is as follows: S I rise today to support Senate Bill No. 136, but I will have to say that it comes with some reservation; not reservation because I don’t think the people of Flint should be relieved of their water bills when served unsafe and unhealthy drinking water. The reservation is because we have two questions that, I think, are yet to be answered correctly. One question is what the appropriate amount of money is. The bill before us is $30 million, and there was an amendment offered for $60 million. So there is a lot of disagreement on what exactly the amount should be, and I think we need to take some more time to be sure it is the right amount. Maybe it’s more than $30 million and maybe it’s less. Secondly, I think we have to make sure we have the correct fund source. Right now it is the General Fund, and maybe there are other opportunities. We have a lot of Healthy Michigan-type funds that maybe we have an opportunity to utilize before using the General Fund, which, obviously, we have a limited amount of money to use in our state budget. I will say, the third thing, Amendment No. 3 that we just adopted, I believe we need to take more time to make sure that the money we allocate is going exactly for the intended purpose. This purpose is relief for the ratepayers, and it shouldn’t be used for any other purpose. I think the amendment goes a step in the right direction to make sure that is done, but we need more work in that regard to make sure the relief is only for the ratepayers. With this, I will be supporting the bill. enator Meekhof’s statement is as follows: S I rise today in support of commonsense action to provide further recognition and relief for the residents of Flint. The bill in front of this body will provide resources to credit the residents of Flint for payment of their water bills since April 2014. Multiple levels of government have failed the people of Flint, and the result is exposure to contaminated water. It simply does not make sense that we would expect the people of this community to pay for water that they cannot drink. I believe that swift action today is reasonable and necessary, and I encourage my colleagues to vote “yes” on Senate Bill No. 136. The Senate has repeatedly responded to the outcry of the citizens of Flint. First to reconnect to Detroit water, then to provide resources for emergency action and relief, and now to credit those people who have been responsible citizens and paid their water bills even when their drinking water was at risk. I will continue to work with my colleagues through the budget process to pursue long-term solutions to the crisis in Flint. As I said, this was a failure at multiple levels of government, and I expect those governments to join with the Senate in the pursuit of solutions. No. 11] [February 4, 2016] JOURNAL OF THE SENATE 123 By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that rule 3.902 be suspended to allow the guest of Senator Hildenbrand admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. The following communication was received and read: Office of the Auditor General February 2, 2016 nclosed is a copy of the following Report on Internal Control, Compliance, and Other Matters for the fiscal year ended E September 30, 2015: •  Michigan State Employees’ Retirement System. Sincerely, Doug Ringler Auditor General The audit report was referred to the Committee on Government Operations. The Secretary announced that the following House bill was received in the Senate and filed on Wednesday, February 3: House Bill No. 4537 The Secretary announced that the following bills were printed and filed on Wednesday, February 3, and are available at the Michigan Legislature website: Senate Bill Nos. 739 740 741 House Bill Nos. 5307 5308 5309 5310 5311 5312 Senator Hildenbrand asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Hildenbrand’s statement is as follows: I have a special guest with me on the floor today from Grand Rapids, Mr. Robb Munger. He is the executive director of a nonprofit called Exodus Place. I have had the privilege of joining him and visiting Exodus Place. We also have some guests I would like to introduce as well visiting from Exodus Place: his wife, Tammy Munger; Lynn and Royce Tuck, and Lynn is the operations manager at Exodus Place; and Mr. Brent Webster. They are in the Gallery. Put simply, Exodus Place is a transformational home where men go, and they provide housing when men in our community fall on hard times. I thought I would read a couple paragraphs, because it will give members of the chamber a good under­ standing of what Exodus Place is: “LET IT BE KNOWN, That it is with great honor and appreciation that we recognize Robb Munger for the instrumental leadership role he has played at Exodus Place. We join with the Grand Rapids community and all of those who support this transitional housing facility in honoring the dedication and commitment that he has shown throughout the years. In July of 2009, Robb Munger had a vision. Sensing a growing need in the community, Robb set out to transform and completely remodel a corrections facility located on the Grand River into a space that could provide housing, rehabilitation, Bible studies, skills instruction, resumé building, and more. This facility would become Exodus Place. Now in its seventh year of existence, Exodus Place houses one hundred men, many of whom have been able to renew or begin a strong relation­ ship with their families, stay sober, become employed, and take college courses. IN SPECIAL TRIBUTE, Therefore, this document is signed and dedicated to honor Robb Munger for his unwavering commitment to Exodus Place and all those who are served by this organization. May he and his family, as well as all those who support Exodus Place, know of our admiration and warmest wishes for continued success.” It’s signed by myself and Governor Snyder. I ask my colleagues to help me welcome, congratulate, and thank Mr. Munger for his dedication to our community. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Johnson admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. 124 JOURNAL OF THE SENATE [February 4, 2016] [No. 11 enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 11:35 a.m. 11:43 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senator Johnson introduced Robin Sanderson and Carol Rusch of Angels of Hope; Felicia McMullen and Andrew Schepers of the American Cancer Society Action Network; Jeff McNealy of the Tri-County Breast and Cervical Cancer Control Program; Polly Hager of the Department of Health and Human Services Cancer Program; and Tom Rich of the American Cancer Society; and presented them with Senate Resolution No. 137, recognizing February 4, 2016, as Cancer Prevention Day. Messages from the House Senate Bill No. 615, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 6094a. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate returned to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 607 Senate Bill No. 719 Senate Bill No. 501 Senate Bill No. 644 The motion prevailed. The following bill was read a third time: Senate Bill No. 607, entitled A bill to amend 2005 PA 244, entitled “Deferred presentment service transactions act,” by amending section 2 (MCL 487.2122). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 30 Ananich Bieda Yeas—37 Hertel Knollenberg Robertson Hildenbrand Kowall Rocca No. 11] [February 4, 2016] JOURNAL OF THE SENATE 125 Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Smith Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 719, entitled A bill to amend 2005 PA 244, entitled “Deferred presentment service transactions act,” by amending section 35 (MCL 487.2155). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 31 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Smith 126 JOURNAL OF THE SENATE [February 4, 2016] [No. 11 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 501, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 302a (MCL 257.302a), as amended by 2006 PA 298. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 32 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Smith Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 644, entitled A bill to amend 1987 PA 230, entitled “Municipal health facilities corporations act,” by amending section 305a (MCL 331.1305a), as added by 2010 PA 331. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 33 Ananich Bieda Yeas—36 Hertel Knollenberg Robertson Hildenbrand Kowall Rocca No. 11] [February 4, 2016] JOURNAL OF THE SENATE Booher Hood Brandenburg Hopgood Casperson Horn Emmons Hune Green Johnson Gregory Jones Hansen Knezek 127 MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—1 Colbeck Excused—1 Smith Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator MacGregor as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4455, entitled A bill to amend 1925 PA 354, entitled “An act to provide for the construction, improvement, repair and maintenance of bridges; to provide for inter-municipal and interstate bridges; to provide for bridges over navigable streams and for their operation; to provide for the construction, improvement and maintenance of bridges over mill races; and to regulate the altering of the stage of water, and the widening and deepening of the channel of watercourses,” by amending section 19a (MCL 254.19a), as amended by 1982 PA 375. House Bill No. 4853, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 811a (MCL 257.811a), as amended by 2003 PA 103. House Bill No. 4854, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 309 and 312b (MCL 257.309 and 257.312b), section 309 as amended by 2015 PA 11 and section 312b as amended by 2013 PA 177. The bills were placed on the order of Third Reading of Bills. Introduction and Referral of Bills Senator Casperson introduced Senate Bill No. 742, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 931, 937, 940, and 946 (MCL 600.931, 600.937, 600.940, and 600.946), section 931 as amended by 2000 PA 86, and by adding section 945. The bill was read a first and second time by title and referred to the Committee on Judiciary. 128 JOURNAL OF THE SENATE [February 4, 2016] [No. 11 Senators Young and Smith introduced Senate Bill No. 743, entitled A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 1 (MCL 28.291), as amended by 2012 PA 25. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senators Young and Smith introduced Senate Bill No. 744, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2112 (MCL 500.2112), as amended by 2012 PA 454, and by adding section 2107a. The bill was read a first and second time by title and referred to the Committee on Insurance. Senators Young and Smith introduced Senate Bill No. 745, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 307 (MCL 257.307), as amended by 2015 PA 11. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senators Schuitmaker and Hildenbrand introduced Senate Bill No. 746, entitled A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regula­ tion of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 15 (MCL 722.125), as amended by 1993 PA 218. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Hildenbrand and Schuitmaker introduced Senate Bill No. 747, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 136b (MCL 750.136b), as amended by 2012 PA 194. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4537, entitled A bill to prohibit an employer from discriminating against, disciplining, or discharging an employee who is absent from work to respond to an emergency as a civil air patrol volunteer; and to provide remedies for a violation of this act. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Commerce. Statements Senators Young and Bieda asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Young’s statement is as follows: Colleagues, I rise once again to demand honesty and accountability for the people of Michigan. I’d like to start with a quote. Gandhi said: “It is wrong and immoral to seek to escape the consequences of one’s act.” Now, I am glad that Darnell Earley is stepping down as emergency manager, but let’s say that the timing seems suspect. Now it’s clearer than ever that emergency managers have played a crucial role in the downfall of the Detroit Public Schools system and the destruction and poisoning of water in the city of Flint. Now that the heat’s hotter than ever, Earley is suddenly finished. That’s right—Earley says he’s done his job. His resignation letter details how he’s balanced the district’s books and set it on a path to recovery. He believes that the only thing left to do is to enact the Governor’s plan and raise academic standards. No. 11] [February 4, 2016] JOURNAL OF THE SENATE 129 How can you say that in good faith when this is a district that can barely retain teachers, that overcrowds classrooms, that’s lacking in opportunity, and that is quite literally falling to pieces? The children of Detroit aside, there’s no mention of Flint in his letter at all. No culpability. No accountability. I don’t know about you, but that does not sound like a job well done to me. That sounds like a hasty exit. It sounds like Earley is trying to dodge tough questions about the decisions he’s made—decisions that have caused great harm to multitudes of people. It took a subpoena and the threat of the United States marshals to get him in front of Congress. However, Earley isn’t the only man who needs to answer for his actions. Congress needs to subpoena all four emergency managers, as well as Andy Dillon and the Governor of this state, Rick Snyder. If the Governor really wants federal assistance for the mess he created, then he needs to speak up about his role in the crisis, not wait for an invitation from Congress. I’m sure that if he and his people were willing to testify about what they knew and when they knew it, the federal government would be more willing to help. You can’t get in front of a podium and tell the people of this state that they deserve honesty and accountability unless you’re willing to embody those ideals. Michigan demands justice, and Michigan deserves a real leader. We’re waiting, Governor. enator Bieda’s statement is as follows: S My father is a Korean War veteran, and I would like to take this opportunity to invite individuals who are in the Detroit Metropolitan Area to attend an event at the Detroit Arsenal of Democracy Museum, which is located at 22960 West Industrial Drive, St. Clair Shores. They’re going to be hosting a Korean War program this Saturday, February 6, at 12 noon. The admission is a nominal $5, but it goes to the museum. Korean War veterans can attend for free. Sometimes the Korean War has been referred to as the forgotten war. It began in the summer of 1950. This program will focus on the events which led to the outbreak of conflicts and bloody engagements. You will have the opportunity to view artifacts from this war and hear firsthand accounts from veterans who served in the Korean War. The Korean War resulted in more than 100,000 wounded Americans and more than 36,000 American combat deaths. Additionally, throughout the entire war, more than 5 million people were killed, and unfortunately, nearly half of them were civilians. We must always remember the men and women who fought for and gave up their lives in service to our great nation. Our veterans knew the possible costs that came with serving our country. They showed their love and dedication to America by answering the call of duty, willing to leave their homes and everything familiar, and willing to risk life and limb to protect the principles we hold dear. It is my hope that if you’re able, you can attend this event, and we take time to do something as simple as thanking a veteran and sending your prayers to those who have served us so well. This promises to be an unforgettable event. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 12:06 p.m. 12:13 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. By unanimous consent the Senate returned to the order of Introduction and Referral of Bills Senator Booher introduced Senate Bill No. 748, entitled A bill to amend 1999 PA 276, entitled “Banking code of 1999,” by amending the title and sections 2202 and 2203 (MCL 487.12202 and 487.12203). The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. Senators Zorn and Booher introduced Senate Bill No. 749, entitled A bill to amend 1999 PA 276, entitled “Banking code of 1999,” by amending section 1201 (MCL 487.11201). The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. 130 JOURNAL OF THE SENATE [February 4, 2016] [No. 11 Senators Nofs and Booher introduced Senate Bill No. 750, entitled A bill to amend 1999 PA 276, entitled “Banking code of 1999,” by amending section 4301 (MCL 487.14301). The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. Senator O’Brien introduced Senate Bill No. 751, entitled A bill to amend 1999 PA 276, entitled “Banking code of 1999,” by amending section 4111 (MCL 487.14111), as added by 2014 PA 399. The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. Senators MacGregor and Booher introduced Senate Bill No. 752, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 315a and 376a (MCL 750.315a and 750.376a), as amended by 2014 PA 400. The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. Committee Reports The Committee on Commerce reported House Bill No. 5070, entitled A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending section 5 (MCL 408.1005), as amended by 2012 PA 447. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor and O’Brien Nays: Senator Hertel The bill was referred to the Committee of the Whole. The Committee on Commerce reported House Bill No. 5071, entitled A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 1 (MCL 408.471). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor and O’Brien Nays: Senator Hertel The bill was referred to the Committee of the Whole. The Committee on Commerce reported House Bill No. 5072, entitled A bill to amend 2014 PA 138, entitled “Workforce opportunity wage act,” by amending section 2 (MCL 408.412). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson No. 11] [February 4, 2016] JOURNAL OF THE SENATE 131 To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor and O’Brien Nays: Senator Hertel The bill was referred to the Committee of the Whole. The Committee on Commerce reported House Bill No. 5073, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 41 (MCL 421.41), as amended by 2005 PA 19. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor and O’Brien Nays: Senator Hertel The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Commerce submitted the following: T Meeting held on Wednesday, February 3, 2016, at 8:30 a.m., Room 210, Farnum Building Present: Senators Schmidt (C), Kowall, MacGregor, O’Brien and Hertel The Committee on Finance reported Senate Bill No. 461, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 260. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported Senate Bill No. 462, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 261. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported Senate Bill No. 463, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 268. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson 132 JOURNAL OF THE SENATE [February 4, 2016] [No. 11 To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported Senate Bill No. 464, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 269. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported Senate Bill No. 606, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2014 PA 40. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Finance submitted the following: T Meeting held on Tuesday, February 2, 2016, at 2:30 p.m., Room 210, Farnum Building Present: Senators Brandenburg (C), Robertson, Knollenberg, Casperson, Proos, Bieda and Warren The Committee on Regulatory Reform reported Senate Bill No. 667, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 609 (MCL 436.1609), as amended by 2014 PA 353, and by adding sections 609a and 609b. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Regulatory Reform submitted the following: T Meeting held on Wednesday, February 3, 2016, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Rocca (C), Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson No. 11] [February 4, 2016] JOURNAL OF THE SENATE 133 The Committee on Judiciary reported House Bill No. 4476, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 1035. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Rocca, Colbeck and Bieda Nays: Senator Jones The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4477, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 227 and 316 (MCL 600.227 and 600.316). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4478, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2950 (MCL 600.2950), as amended by 2001 PA 200. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4479, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 81 (MCL 750.81), as amended by 2012 PA 366. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4480, entitled A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending section 3 (MCL 722.23), as amended by 1993 PA 259. 134 JOURNAL OF THE SENATE [February 4, 2016] [No. 11 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Schuitmaker, Rocca and Bieda Nays: Senator Colbeck The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4481, entitled A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending sections 5 and 7a (MCL 722.25 and 722.27a), section 5 as amended by 1993 PA 259 and section 7a as amended by 2015 PA 50. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4788, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2012 PA 365. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4980, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12f of chapter XVII (MCL 777.12f), as amended by 2014 PA 220. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Bieda Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, February 2, 2016, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda No. 11] [February 4, 2016] JOURNAL OF THE SENATE 135 The Committee on Natural Resources reported Senate Bill No. 651, entitled A bill to provide for exemption of certain property from certain taxes; to levy and collect a specific tax upon the owners of certain property; to provide for the disposition of the tax; to prescribe the powers and duties of certain local government officials; and to provide penalties. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Pavlov, Robertson, Stamas and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Natural Resources reported Senate Bill No. 652, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7jj (MCL 211.7jj[1]), as amended by 2015 PA 107, and by adding section 7vv. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Pavlov, Robertson, Stamas and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Natural Resources reported Senate Bill No. 653, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 51108 (MCL 324.51108), as amended by 2014 PA 146. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Pavlov, Robertson, Stamas and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Natural Resources submitted the following: T Meeting held on Wednesday, February 3, 2016, at 12:30 p.m., Room 210, Farnum Building Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren The Committee on Appropriations reported Senate Bill No. 738, entitled A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending section 13 (MCL 38.1133), as amended by 2014 PA 545. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson 136 JOURNAL OF THE SENATE [February 4, 2016] [No. 11 To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Hopgood, Hertel, Knezek and Young Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, February 3, 2016, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Hopgood, Hertel, Knezek and Young Excused: Senator Gregory COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Joint meeting held on Wednesday, February 3, 2016, at 8:30 a.m., Rooms 402 and 403, Capitol Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Subcommittee on K-12, School Aid, Education submitted the following: T Joint meeting held on Wednesday, February 3, 2016, at 8:30 a.m., Rooms 402 and 403, Capitol Building Present: Senators Hansen (C), Pavlov and Hopgood COMMITTEE ATTENDANCE REPORT he Subcommittee on Corrections submitted the following: T Joint meeting held on Wednesday, February 3, 2016, at 12:30 p.m., Room 405, Capitol Building Present: Senators Proos (C) and Knollenberg Excused: Senator Gregory COMMITTEE ATTENDANCE REPORT he Subcommittee on Judiciary submitted the following: T Joint meeting held on Wednesday, February 3, 2016, at 12:30 p.m., Room 405, Capitol Building Present: Senators Proos (C), Schuitmaker and Young Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesdays, February 23, March 1, March 8, March 15, and March 22, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Health and Human Services - Tuesday, February 9, 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768) State Police and Military Affairs - Tuesdays, February 23, March 1, March 8, and March 15, 8:30 a.m., Rooms 402 and 403; March 22, 8:30 a.m., Room 405; and May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) No. 11] [February 4, 2016] JOURNAL OF THE SENATE 137 Finance - Tuesday, February 9, 2:30 p.m., Room 210, Farnum Building (373-5312) Judiciary - Tuesday, February 9, 1:00 p.m., Rooms 402 and 403, Capitol Building (373-1721) Michigan State Capitol Commission - Monday, February 8, 11:00 a.m., Room H-65, Capitol Building (373-0184) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 12:15 p.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Tuesday, February 9, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 138 No. 12 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Tuesday, February 9, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—excused Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 140 JOURNAL OF THE SENATE [February 9, 2016] [No. 12 everend Deacon Michael Schlaack of St. Mary Magdalene Orthodox Church of Fenton offered the following invocation: R Heavenly Father, may we ever abide in this land of opportunity and freedom in perfect tranquility, faithful to our founda­ tions, and ever building a more prosperous, just, equitable, and decent society for all of our citizens. May we always share our faith and hope for the future with the whole world through Your divine and gracious love. I pray that the Lord God will bless, strengthen, and guide the members of this honorable assembly, helping each person to make the good and merciful decisions that will allow the people of the great state of Michigan to live their lives in all godliness and dignity as adopted sons and daughters of God himself. Grant that they may be enabled by the power of Your love and protection to lead our state with honesty and integrity, laying aside all personal and sectarian interests for the benefit of everyone they have been elected to serve. Give each member of this assembly the strength, wisdom, and vision to work tirelessly toward a truly just and compas­ sionate society, where everyone is able to live free from the destructive power of the tyranny of injustice; where the only special interest is the unceasing desire to serve, without reservation, the citizens of this great state. I offer this prayer in the name of the Father and the Son and the Holy Spirit. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Green entered the Senate Chamber. enator Kowall moved that Senators Hansen and Nofs be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senator Meekhof be excused from today’s session. S The motion prevailed. enator Hood moved that Senators Hopgood and Young be temporarily excused from today’s session. S The motion prevailed. The following communication was received and read: Office of the Auditor General February 5, 2016 nclosed is a copy of the following audit report: E • Performance audit report on the Michigan Integrated Data Automated System (MiDAS), Unemployment Insurance Agency, Department of Talent and Economic Development, and Department of Technology, Management, and Budget. Sincerely, Doug Ringler Auditor General The audit report was referred to the Committee on Government Operations. The following communication was received: Domestic and Sexual Violence Prevention and Treatment Board January 22, 2016 s per the Child Advocacy Center Act, Public Act 544 of 2008, the Michigan Domestic and Sexual Violence Prevention A and Treatment Board is required to “provide an annual report of incomes and expenditures to the secretary of the senate and the clerk of the house of representatives.” Please note that Public Act 544 of 2008 did not allow for expenditures from the fund prior to April 1, 2011. Attached please find a Statement of Revenues, Expenditures and Changes in Fund Balances through year end September 30, 2015. Please feel free to contact me for any additional information or questions. My direct line is (517) 241-5114. Thank you. Sincerely, Debi Cain Executive Director The communication was referred to the Secretary for record. No. 12] [February 9, 2016] JOURNAL OF THE SENATE 141 The Secretary announced that the following House bills were received in the Senate and filed on Thursday, February 4: House Bill Nos. 5131 5176 The Secretary announced the enrollment printing and presentation to the Governor on Friday, February 5, for his approval the following bills: Enrolled Senate Bill No. 303 at 1:17 p.m. Enrolled Senate Bill No. 328 at 1:19 p.m. Enrolled Senate Bill No. 394 at 1:21 p.m. Enrolled Senate Bill No. 539 at 1:23 p.m. Enrolled Senate Bill No. 540 at 1:25 p.m. The Secretary announced the enrollment printing and presentation to the Governor on Monday, February 8, for his approval the following bill: Enrolled Senate Bill No. 615 at 11:05 a.m. The Secretary announced that the following bills were printed and filed on Thursday, February 4, and are available at the Michigan Legislature website: Senate Bill Nos. 742 743 744 745 746 747 748 749 750 751 752 House Bill Nos. 5313 5314 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Colbeck as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 292, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 367 (MCL 18.1367), as amended by 1999 PA 8. Senate Bill No. 738, entitled A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending section 13 (MCL 38.1133), as amended by 2014 PA 545. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 302, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 916a. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senators Nofs and Hopgood entered the Senate Chamber. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senators MacGregor, Marleau, Nofs, Knollenberg, Booher, Stamas and Hertel introduced Senate Bill No. 753, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 16283, 16284, 16285, 16286, 16287, 16288, and 16289. The bill was read a first and second time by title and referred to the Committee on Health Policy. 142 JOURNAL OF THE SENATE [February 9, 2016] [No. 12 Senators Pavlov, Knollenberg, Proos, Hildenbrand and Marleau introduced Senate Bill No. 754, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 626, 684, 1230d, 1277, 1288, 1310a, 1525, 1535a, 1539b, 1711, and 1751 (MCL 380.626, 380.684, 380.1230d, 380.1277, 380.1288, 380.1310a, 380.1525, 380.1535a, 380.1539b, 380.1711, and 380.1751), section 684 as amended by 2007 PA 45, sections 1230d, 1535a, and 1539b as amended by 2006 PA 680, section 1277 as amended by 1997 PA 179, section 1310a as amended by 2000 PA 230, section 1525 as amended by 2004 PA 596, and sections 1711 and 1751 as amended by 2008 PA 1; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Education. Senators Knollenberg, Proos, Pavlov, Hildenbrand and Marleau introduced Senate Bill No. 755, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 13, 18, 19, 51a, and 58 (MCL 388.1613, 388.1618, 388.1619, 388.1651a, and 388.1658), section 13 as amended by 2004 PA 351, section 18 as amended by 2015 PA 114, section 19 as amended by 2014 PA 196, section 51a as amended by 2015 PA 85, and section 58 as amended by 1997 PA 93. The bill was read a first and second time by title and referred to the Committee on Education. Senators Booher, Knollenberg, Proos, Pavlov, Hildenbrand and Marleau introduced Senate Bill No. 756, entitled A bill to repeal 1982 PA 26, entitled “An act to provide for emergency financial assistance for certain school districts; to prescribe certain powers and duties of intermediate school boards, local school boards, the state board of education, the state treasurer, and the auditor general; to create an emergency loan revolving fund; to make an appropriation; and to prescribe penalties,” (MCL 388.811 to 388.829). The bill was read a first and second time by title and referred to the Committee on Education. Senators Booher, Knollenberg, Proos, Pavlov, Hildenbrand and Marleau introduced Senate Bill No. 757, entitled A bill to repeal 1962 PA 198, entitled “An act to authorize the state board of control for vocational education to accept federal funds with which to establish a program to alleviate conditions of persistent unemployment and underemployment in certain economically distressed areas,” (MCL 395.71 to 395.73). The bill was read a first and second time by title and referred to the Committee on Education. Senators Colbeck, Knollenberg, Proos, Pavlov, Hildenbrand and Marleau introduced Senate Bill No. 758, entitled A bill to repeal 1964 PA 28, entitled “An act to transfer the powers, duties and functions of the state board of control for vocational education to the state board of education,” (MCL 395.21). The bill was read a first and second time by title and referred to the Committee on Education. Senators Stamas, Knollenberg, Pavlov, Hildenbrand and Marleau introduced Senate Bill No. 759, entitled A bill to repeal 1931 PA 205, entitled “An act to require the teaching of civics and political science in high schools, county normals and colleges, to prohibit the granting of diplomas, and degrees to students not successfully completing said courses, and to provide penalties for the violation thereof,” (MCL 388.372). The bill was read a first and second time by title and referred to the Committee on Education. Senators Stamas, Knollenberg, Proos, Pavlov, Hildenbrand and Marleau introduced Senate Bill No. 760, entitled A bill to repeal 1966 PA 156, entitled “An act to provide state scholarships for students in the field of special education; and to make an appropriation therefor,” (MCL 388.1051 to 388.1055). The bill was read a first and second time by title and referred to the Committee on Education. No. 12] [February 9, 2016] JOURNAL OF THE SENATE 143 Senators Horn, Knollenberg, Proos, Pavlov, Hildenbrand and Marleau introduced Senate Bill No. 761, entitled A bill to repeal 1974 PA 299, entitled “Education for the gifted and/or academically talented act,” (MCL 388.1091 to 388.1094). The bill was read a first and second time by title and referred to the Committee on Education. Senators MacGregor, Knollenberg, Proos, Pavlov, Hildenbrand and Marleau introduced Senate Bill No. 762, entitled A bill to repeal 1964 PA 238, entitled “An act to authorize the state of Michigan, boards of supervisors, local governing boards and school districts to appropriate moneys to foster and maintain demonstration educational and work experience programs through a special job upgrading program for unemployed, out of work, school dropouts; define the powers and duties of the superintendent of public instruction; and to provide for appropriations,” (MCL 395.171 to 395.175). The bill was read a first and second time by title and referred to the Committee on Education. Senators Schmidt, Knollenberg, Proos, Pavlov, Hildenbrand and Marleau introduced Senate Bill No. 763, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 51a and 58 (MCL 388.1651a and 388.1658), section 51a as amended by 2015 PA 85 and section 58 as amended by 1997 PA 93. The bill was read a first and second time by title and referred to the Committee on Education. Senators Shirkey, Knollenberg, Pavlov, Hildenbrand and Marleau introduced Senate Bill No. 764, entitled A bill to repeal 1919 PA 149, entitled “An act to accept the requirements and benefits of an act of the sixty-fourth congress of the United States, approved February 23, 1917, known as the Smith-Hughes act, or Public Act No. 347, relating to appropriations to be made by the federal government to the several states for the support and control of instruction in agriculture, the trades, industries, and home economics, and for the preparation of teachers of vocational subjects; to desig­nate a state board of control for vocational education; to provide for the proper custody and administration of funds received by the state from such appropriations; and to provide for appropriations by the state and by local school authorities to meet the conditions of said act of congress,” (MCL 395.1 to 395.10). The bill was read a first and second time by title and referred to the Committee on Education. Senators Zorn, Knollenberg, Proos, Pavlov, Hildenbrand and Marleau introduced Senate Bill No. 765, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 684 (MCL 380.684), as amended by 2007 PA 45; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Education. Senators Hansen, Knollenberg, Proos, Pavlov, Hildenbrand and Marleau introduced Senate Bill No. 766, entitled A bill to amend 1964 PA 287, entitled “An act to provide for the organization and functions of the state boards of education under the constitutions of 1908 and 1963; to provide for the appointment and functions of the superintendent of public instruction under the constitution of 1963; and to repeal certain acts and parts of acts,” by amending section 8b (MCL 388.1008b). The bill was read a first and second time by title and referred to the Committee on Education. Senators O’Brien, Knollenberg, Proos, Pavlov, Hildenbrand and Marleau introduced Senate Bill No. 767, entitled A bill to repeal 1964 PA 44, entitled “An act to authorize the state board of control for vocational education to accept federal funds as provided under the provisions of federal law,” (MCL 395.31 to 395.34). The bill was read a first and second time by title and referred to the Committee on Education. 144 JOURNAL OF THE SENATE [February 9, 2016] [No. 12 Senators Knezek, Nofs and O’Brien introduced Senate Bill No. 768, entitled A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending section 5 (MCL 408.1005), as amended by 2012 PA 447. The bill was read a first and second time by title and referred to the Committee on Commerce. Senators Schuitmaker and Nofs introduced Senate Bill No. 769, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7303a (MCL 333.7303a), as added by 1993 PA 305. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators Schuitmaker and Nofs introduced Senate Bill No. 770, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16226 (MCL 333.16226), as amended by 2014 PA 412. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators O’Brien, Nofs and Schuitmaker introduced Senate Bill No. 771, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7406 (MCL 333.7406). The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators O’Brien, Nofs and Schuitmaker introduced Senate Bill No. 772, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2014 PA 218. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators Zorn, Hansen and Brandenburg introduced Senate Bill No. 773, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by repealing section 48714 (MCL 324.48714). The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. Senators Hune, Robertson, Smith, Brandenburg, Knezek, Knollenberg, Schmidt, Emmons, Shirkey, Hildenbrand, Proos, O’Brien, Johnson, MacGregor, Jones, Schuitmaker and Hansen introduced Senate Bill No. 774, entitled A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 2111, 3115, 3123, 4116, and 6115 (MCL 289.2111, 289.3115, 289.3123, 289.4116, and 289.6115), section 2111 as amended by 2015 PA 61, section 3115 as amended by 2015 PA 142, section 3123 as amended by 2007 PA 113, and sections 4116 and 6115 as amended by 2007 PA 114. The bill was read a first and second time by title and referred to the Committee on Agriculture. Senators Hertel, Bieda, Gregory, Young, Warren, Hopgood, Hood, Schmidt, Knezek and Booher introduced Senate Bill No. 775, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 5a. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 5131, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 22, 26, 703, and 711 (MCL 206.22, 206.26, 206.703, and 206.711), section 22 as amended by 2003 PA 51, section 26 as amended by 2011 PA 38, section 703 as amended by 2014 PA 295, and section 711 as amended by 2011 PA 193. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. No. 12] [February 9, 2016] JOURNAL OF THE SENATE 145 House Bill No. 5176, entitled A bill to amend 2014 PA 86, entitled “Local community stabilization authority act,” by amending sections 14, 17, and 21 (MCL 123.1354, 123.1357, and 123.1361), sections 14 and 17 as amended by 2015 PA 122; and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. Senator Young entered the Senate Chamber. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:20 a.m. 10:41 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: House Bill No. 4455 House Bill No. 4853 House Bill No. 4854 The motion prevailed. Senator Hansen entered the Senate Chamber. The following bill was read a third time: House Bill No. 4455, entitled A bill to amend 1925 PA 354, entitled “An act to provide for the construction, improvement, repair and maintenance of bridges; to provide for inter-municipal and interstate bridges; to provide for bridges over navigable streams and for their operation; to provide for the construction, improvement and maintenance of bridges over mill races; and to regulate the altering of the stage of water, and the widening and deepening of the channel of watercourses,” by amending section 19a (MCL 254.19a), as amended by 1982 PA 375. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 34 Yeas—37 Ananich Hertel Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Marleau Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen 146 JOURNAL OF THE SENATE [February 9, 2016] [No. 12 Nays—0 Excused—1 Meekhof Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4853, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 811a (MCL 257.811a), as amended by 2003 PA 103. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 35 Ananich Booher Casperson Green Gregory Hansen Hertel Yeas—27 Hildenbrand Kowall Robertson Hopgood MacGregor Schmidt Horn Marleau Shirkey Johnson Nofs Stamas Jones O’Brien Young Knezek Pavlov Zorn Knollenberg Proos Nays—10 Bieda Emmons Rocca Smith Brandenburg Hood Schuitmaker Warren Colbeck Hune Excused—1 Meekhof In The Chair: Schuitmaker Not Voting—0 No. 12] [February 9, 2016] JOURNAL OF THE SENATE 147 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4854, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 309 and 312b (MCL 257.309 and 257.312b), section 309 as amended by 2015 PA 11 and section 312b as amended by 2013 PA 177. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 36 Yeas—33 Ananich Hertel Knollenberg Robertson Booher Hildenbrand Kowall Rocca Brandenburg Hopgood MacGregor Schmidt Casperson Horn Marleau Schuitmaker Colbeck Hune Nofs Shirkey Emmons Johnson O’Brien Smith Green Jones Pavlov Stamas Gregory Knezek Proos Zorn Hansen Nays—4 Bieda Hood Warren Young Excused—1 Meekhof In The Chair: Schuitmaker Not Voting—0 148 JOURNAL OF THE SENATE [February 9, 2016] [No. 12 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manu­facturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title. Committee Reports The Committee on Transportation reported Senate Bill No. 541, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 307 (MCL 257.307), as amended by 2012 PA 55. With the recommendation that the substitute (S-3) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Transportation reported House Bill No. 4727, entitled A bill to amend 1959 PA 259, entitled “Tall structure act,” by amending sections 1, 2a, 2d, 6, and 7 (MCL 259.481, 259.482a, 259.482d, 259.486, and 259.487), sections 1, 6, and 7 as amended and sections 2a and 2d as added by 1986 PA 296, and by adding section 2f. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, February 4, 2016, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood No. 12] [February 9, 2016] JOURNAL OF THE SENATE 149 COMMITTEE ATTENDANCE REPORT he Committee on Government Operations submitted the following: T Meeting held on Thursday, February 4, 2016, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Meekhof (C), Hansen, Kowall, Ananich and Hood Scheduled Meetings Appropriations and House Appropriations - Wednesday, February 10, 11:00 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373‑1801) Subcommittees Agriculture and Rural Development - Tuesdays, February 23, March 1, March 8, March 15, and March 22, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Community Colleges - Tuesday, February 23, 9:15 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Build­ing; Friday, March 18, 1:00 p.m., Kirtland Community College, Rooms 251-252, Administration Build­ ing, 10775 N. Saint Helen Road, Roscommon; and Wednesday, March 23, 9:00 a.m., Room 100, Farnum Building (373‑2768) General Government - Thursdays, February 18, February 25, and March 3, 8:30 a.m., Room 100, Farnum Building (373-2768) K-12, School Aid, Education and Education - Tuesday, February 16, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768) State Police and Military Affairs - Tuesdays, February 23, March 1, March 8, and March 15, 8:30 a.m., Rooms 402 and 403; March 22, 8:30 a.m., Room 405; and May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Education and K-12, School Aid, Education Appropriations Subcommittee - Tuesday, February 16, 8:30 a.m., Senate Hear­ing Room, Ground Floor, Boji Tower (373-5314) Finance - Tuesday, February 16, 2:30 p.m., Room 210, Farnum Building (373-5312) Oversight - Thursday, February 11, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373‑5314) Transportation - Thursday, February 11, 8:30 a.m., Room 210, Farnum Building (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:48 a.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Wednesday, February 10, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 150 No. 13 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Wednesday, February 10, 2016. 10:00 a.m. The Senate was called to order by the Assistant President pro tempore, Senator Margaret E. O’Brien. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—excused Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 152 JOURNAL OF THE SENATE [February 10, 2016] [No. 13 astor Kenneth Wagener of St. Peter Lutheran Church and School of Macomb offered the following invocation: P Heavenly Father, God of all mercy, we give You our thanks for all Your goodness and loving-kindness to us and to all whom You have made. We praise You for our creation, for our preservation, and all the blessings of this life. Once more, we bless You for the privilege to live in this land we love and serve. I thank You also for the members of this Senate who meet this very day to carry out their work together. Pour out Your blessing on each one, that they may serve with honor and integrity and commitment to the good of our state and com­mu­ nities. Guide them in their responsibilities. Guide them with Your grace and wisdom. Guide them by Your justice. Make them discerning in all their decisions. Make them steadfast in their work. Keep them patient in all they do. We give thanks for the many blessings we receive from You, Heavenly Father, and especially for the gift of good govern­ment and the freedoms and rights we enjoy in this land. Bless and keep the men and women who serve so faithfully the citizens of our state. Lord, we ask You to be present in our meetings and our labors, and bless all of our endeavors. Bless our schools, our teachers and support staffs, and all of our students. Thank You, Lord, for everything which broadens our knowledge and equips us more fully for the task of working and living. Teach us to know our own strengths, that we may fully use the gifts and talents which You have given. Through Jesus Christ our Lord, we pray. Amen. The Assistant President pro tempore, Senator O’Brien, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Ananich and Gregory entered the Senate Chamber. enator Kowall moved that Senators Schuitmaker, Nofs and Robertson be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senator Meekhof be excused from today’s session. S The motion prevailed. enator Hood moved that Senators Johnson and Young be temporarily excused from today’s session. S The motion prevailed. Senators Nofs and Robertson entered the Senate Chamber. enator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Hertel admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, February 9: House Bill Nos. 4353 4355 The Secretary announced that the following bills were printed and filed on Tuesday, February 9, and are available at the Michigan Legislature website: Senate Bill Nos. 753 754 755 756 757 758 759 760 761 762 763 764 765 766 767 768 769 770 771 772 773 774 775 House Bill Nos. 5315 5316 5317 5318 5319 5320 5321 5322 5323 5324 5325 5326 5327 5328 5329 5330 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:07 a.m. 10:36 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senators Schuitmaker, Young and Johnson entered the Senate Chamber. No. 13] [February 10, 2016] JOURNAL OF THE SENATE 153 By unanimous consent the Senate proceeded to the order of Messages from the House Senate Bill No. 513, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 3a. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 302 Senate Bill No. 292 Senate Bill No. 738 The motion prevailed. The following bill was read a third time: Senate Bill No. 302, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 916a. The question being on the passage of the bill, Senator Knezek offered the following amendment: 1. Amend page 2, line 7, by striking out all of subsection (2) and renumbering the remaining subsections. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 37 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Nays—26 Booher Hildenbrand Marleau Rocca Brandenburg Horn Nofs Schmidt Casperson Hune O’Brien Schuitmaker Colbeck Jones Pavlov Shirkey Emmons Knollenberg Proos Stamas Green Kowall Robertson Zorn Hansen MacGregor Excused—1 Meekhof 154 JOURNAL OF THE SENATE [February 10, 2016] [No. 13 Not Voting—0 In The Chair: Schuitmaker he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 38 Yeas—27 Booher Hildenbrand Marleau Schmidt Brandenburg Horn Nofs Schuitmaker Casperson Hune O’Brien Shirkey Colbeck Jones Pavlov Smith Emmons Knollenberg Proos Stamas Green Kowall Robertson Zorn Hansen MacGregor Rocca Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Excused—1 Meekhof Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. Protests Senators Knezek, Hood, Warren, Hertel, Young, Johnson and Gregory, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 302. Senator Knezek’s statement, in which Senator Hood concurred, is as follows: I rise to give my “no” vote explanation on Senate Bill No. 302. In addition to the things that I have already pointed out about this so-called fact-finding that none of us have seen, I have no idea how a strip club leads to littering or blight or all these other things that were listed. I want to point out the fact that the justification for this legislation is to bring state law up to speed and up to code to comply with federal law. That was the impetus behind this bill today—how we can make state law comply with federal law. Last week, this Legislature had the opportunity to do just that by removing an unconstitutional ban on oral and anal sex here in the state of Michigan, and we refused to do so. I simply want to point out the hypocrisy that we’ve seen here today, wanting to update the laws to bring them into federal compliance when just last week, we refused to do so to try and score a couple political points. No. 13] [February 10, 2016] JOURNAL OF THE SENATE 155 We heard what the people of the state of Michigan said this last week, how frustrated they were that we, the Legislature, faced with so many important issues decided to focus on what seems to be so many silly issues. This is another silly issue when we should be talking about what is going on in the Detroit Public Schools and what should be going on in the city of Flint. I offer this as my “no” vote explanation on Senate Bill No. 302. enator Warren’s statement, in which Senators Hertel, Young, Johnson and Gregory concurred, is as follows: S To underscore what my good colleague has said with the amendment he introduced, the point is that we need to be very cautious as we look at legislation going forward. Congress does findings, and you will see it in federal legislation. They do this because they have subpoena power, and they send people out to do true investigations. They can put forth findings on behalf of all the members of Congress. I think it is very dangerous territory for us with no rules, regulations, or subpoena power to have findings in legislation. A very small number of us in this body were a part of the fact-finding mission, if it did, in fact, happen as the bill sponsor mentioned. To have this listed in state law as the findings that we all share is very troubling. When you read that section closely, you will see it includes a number of items mentioned by the Senator from the 5th District, like blight and litter. It lists things that are crimes, and if you are on a fact-finding mission from the Legislature and saw crimes such as prostitution or drug trafficking, I don’t understand why we wouldn’t have pushed for an investigation, having arrests or prosecutions moving forward. I am very cautious about putting legislative findings in here, and I think until we have a set of Senate rules that we agree upon for how findings will take place and have subpoena power to have folks come in and be part of the process, then legis­ lative findings should not be part of any bill we pass. This is why I voted “no” today. Senator Knezek asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Knezek’s statement is as follows: This amendment seeks to strip out the language in this bill that speaks to so-called legislative findings behind what can and cannot happen as a result to some of these establishments in Michigan. I would like to state for the record that there have been no legislative findings. No one in this Legislature has participated in any fact-finding mission. I don’t know where the bill sponsor came up with his facts or how he came up with his facts. I simply ask that we take the legislative findings provision out of this statute, because there have been none. The following bill was read a third time: Senate Bill No. 292, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 367 (MCL 18.1367), as amended by 1999 PA 8. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 39 Yeas—37 Ananich Hertel Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Marleau Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Nays—0 Excused—1 Meekhof 156 JOURNAL OF THE SENATE [February 10, 2016] [No. 13 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 738, entitled A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending section 13 (MCL 38.1133), as amended by 2014 PA 545. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 40 Yeas—37 Ananich Hertel Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Marleau Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Nays—0 Excused—1 Meekhof Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. By unanimous consent the Senate returned to the order of Messages from the Governor The following messages from the Governor were received and read: January 25, 2016 I respectfully submit to the Senate the following appointments to office: Lake Superior State University Board of Control Thomas C. Bailey of 342 Foxwood Lane, Petoskey, Michigan 49770, county of Emmet, succeeding Patrick Egan, is appointed for a term expiring January 27, 2024. Randy Pingatore of 911 McCandless Drive, Sault Ste. Marie, Michigan 49783, county of Chippewa, succeeding Scot A. Lindemann, is appointed for a term expiring January 27, 2024. No. 13] [February 10, 2016] JOURNAL OF THE SENATE 157 January 29, 2016 I respectfully submit to the Senate the following appointment to office: Grand Rapids-Kent County Convention/Arena Authority Charles N. Secchia of 1034 Cambridge Drive, S.E., Suite 510, Grand Rapids, Michigan 49506, county of Kent, succeeding himself, is reappointed for a term expiring February 29, 2020. January 29, 2016 I respectfully submit to the Senate the following appointment to office: Human Trafficking Commission Hassan Beydoun of 311363 Beachwalk Drive, Apt. 2204, Novi, Michigan 48377, county of Oakland, representing indi­ viduals recommended by the Speaker of the House, is appointed for a term expiring March 1, 2017. January 29, 2016 I respectfully submit to the Senate the following appointments to office: Mental Health Diversion Council Curtis J. Bell of 3711 N. 2nd Street, Kalamazoo, Michigan 49009, county of Kalamazoo, representing the judiciary, succeeding himself, is reappointed for a term expiring January 30, 2020. Ross Buitendorp of 909 Chippewa Drive, S.E., Grand Rapids, Michigan 49506, county of Kent, representing the adult service agencies and/or providers for a local community mental health service program, succeeding himself, is reappointed for a term expiring January 30, 2020. Larry Cameron of 18301 W. 13 Mile Road, Unit A6, Southfield, Michigan 48076, county of Oakland, representing the advocates of consumer representatives, succeeding Irva Faber, is appointed for a term expiring January 30, 2017. Elizabeth J. Hardwick of 200 Pine Hill Lake Drive, Horton, Michigan 49246, county of Jackson, representing commu­ nity prisoner or jail re-entry, succeeding herself, is reappointed for a term expiring January 30, 2020. Milton L. Mack of 38715 Meadowlawn Drive, Wayne, Michigan 48184, county of Wayne, representing the State Court Administrative Office, succeeding himself, is reappointed for a term expiring January 30, 2020. Carmen M. McIntyre of 2489 Parliament Drive, Sterling Heights, Michigan 48310, county of Macomb, representing the Medicaid-pre-paid inpatient health plan, succeeding Lori Ryland, is appointed for a term expiring January 30, 2020. January 29, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Economic Development Corporation Executive Committee John B. O’Reilly of 22576 Beech Street, Dearborn, Michigan 48124, county of Wayne, representing public agencies, succeeding Dayne Walling, is appointed for a term expiring April 5, 2016. January 29, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Strategic Fund Board of Directors Shaun W. Wilson of 366 Hillcrest Avenue, Grosse Pointe Farms, Michigan 48236, county of Wayne, succeeding himself, is reappointed for a term expiring February 28, 2020. February 1, 2016 I respectfully submit to the Senate the following appointment to office: Governor’s Task Force on Child Abuse and Neglect Doreen S. Allen of 1003 Knollwood Court, Midland, Michigan 48640, county of Midland, representing judges and attor­ neys, succeeding Linda Hallmark, is appointed for a term expiring December 31, 2018. February 1, 2016 I respectfully submit to the Senate the following appointments to office: Grape and Wine Industry Council Michael S. Brenton of 6220 Columbia Street, Haslett, Michigan 48840, county of Ingham, representing the general public, succeeding himself, is reappointed for a term expiring February 1, 2019. Steve Massie of 3920 Foxglove Court, Grand Rapids, Michigan 49525, county of Kent, representing persons who operate a retail food establishment that holds a specially designated merchant license and sells Michigan wines, succeeding himself, is reappointed for a term expiring February 1, 2019. Matthew Moersch of 10062 Burgoyne Road, Berrien Springs, Michigan 49103, county of Berrien, representing wine makers, succeeding Walter Brys, is appointed for a term expiring February 1, 2019. Joanna T. Simpson of 40 N. Manitou Trail, Lake Leelanau, Michigan 49653, county of Leelanau, representing wine grape growers, succeeding herself, is reappointed for a term expiring February 1, 2019. 158 JOURNAL OF THE SENATE [February 10, 2016] [No. 13 February 1, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Veterans Trust Fund Board of Directors Robert L. Williams of 1224 Ravina Avenue, Benton Harbor, Michigan 49022, county of Berrien, representing Veterans of Foreign Wars, succeeding himself, is reappointed for a term expiring February 25, 2019. Barry A. Wood of 811 N. Kelly Street, Hastings, Michigan 49058, county of Barry, representing the American Legion, succeeding himself, is reappointed for a term expiring February 25, 2019. February 2, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Bean Commission Greg Ackerman of 5486 Dixon Road, Vassar, Michigan 48768, county of Tuscola, representing District 3, succeeding himself, is reappointed for a term expiring December 31, 2018. James Roggenbuck of 8015 Helena Road, Harbor Beach, Michigan 48441, county of Huron, representing District 5, suc­ceed­ing Allen Bischer, is appointed for a term expiring December 31, 2018. Neil French of 262 Markel Road, Munger, Michigan 48747, county of Bay, representing processors, shippers and handlers, succeeding himself, is reappointed for a term expiring December 31, 2018. Clinton Stoutenburg of 70 N. Stoutenburg Road, Sandusky, Michigan 48471, county of Sanilac, representing District 4, succeeding himself, is reappointed for a term expiring December 31, 2018. February 8, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Board of Veterinary Medicine Renee L. Werth of 1618 Elmwood Road, Lansing, Michigan 48917, county of Eaton, representing the general public, succeeding herself, is reappointed for a term expiring December 31, 2019. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Pavlov as Chairperson. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 5070, entitled A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending section 5 (MCL 408.1005), as amended by 2012 PA 447. House Bill No. 5071, entitled A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the depart­ment of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 1 (MCL 408.471). House Bill No. 5072, entitled A bill to amend 2014 PA 138, entitled “Workforce opportunity wage act,” by amending section 2 (MCL 408.412). House Bill No. 5073, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 41 (MCL 421.41), as amended by 2005 PA 19. The bills were placed on the order of Third Reading of Bills. No. 13] [February 10, 2016] JOURNAL OF THE SENATE 159 enator Kowall moved that rule 2.106 be suspended to allow committees to meet during Senate session. S The motion prevailed, a majority of the members serving voting therefor. Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 Senate Resolution No. 12 The motion prevailed. enator Hood offered the following resolution: S Senate Resolution No. 141. A resolution to commemorate February 2016 as Black History Month. Whereas, The origins of Black History Month begin in 1915 after the Thirteenth Amendment abolished slavery in the United States. Since 1976, every President has adopted the month of February as Black History Month, an annual cele­ bration of African-American achievements and role in U.S History; and Whereas, We pay tribute to Dr. Carter G. Woodson for the study of black history and his promotion of achievements by African Americans and others of African descent. In 1926, he organized a national Negro History Week as an initiative to bring national attention to the contributions of black people throughout American history that has evolved into a month-long celebration of black progress and power; and Whereas, President Gerald R. Ford officially recognized Black History Month in 1976, calling upon the public to “seize the opportunity to honor the too-often neglected accomplishments of black Americans in every area of endeavor through­out our history”; and Whereas, Due to the Civil Rights Movement and a growing awareness of black identity, Black History Month is a time to reflect on the burdens of racial prejudice and explore and understand the black identity and culture; and Whereas, The state of Michigan recognizes the injustices that African Americans have endured and commends the African-American community for overcoming those injustices and changing the course and nature of history. We honor the prominent leaders and activists who have paved the way for equality and justice for not only African Americans, but all Americans; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate February 2016 as Black History Month, and we honor the contributions made in building pride and dignity in black people and educating Americans; and be it further Resolved, That we join other organizations throughout the state of Michigan and this country, as we use this occasion to raise awareness of the hardships African Americans have endured and celebrate the milestones we have achieved for equality and justice for all; and be it further Resolved, That copies of this resolution be transmitted to the National Association for the Advancement of Colored People (NAACP) and the Michigan chapters of the NAACP. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Ananich, Bieda, Booher, Hansen, Hertel, Hopgood, Jones, Knezek, Knollenberg, MacGregor, Marleau and Proos were named co‑sponsors of the resolution. enator Hertel offered the following resolution: S Senate Resolution No. 142. A resolution to commemorate February 7-14, 2016, as Congenital Heart Disease Awareness Week and February 12, 2016, as Ruby Jane Day. Whereas, Congenital heart disease is the No. 1 birth defect; and Whereas, Nearly 1 in 100 newborns are born with congenital heart disease; and Whereas, 40,000 infants are born in the United States each year with congenital heart disease; and Whereas, There is an estimated 2-3 million people living with congenital heart disease (CHD); and Whereas, 25 percent of children born with CHD need heart surgery or other interventions to survive; and Whereas, 15 percent of babies born with CHD will not see their 18th birthday; and Whereas, In 2009, direct hospital costs alone for children and adults with CHD was over $2 billion; and 160 JOURNAL OF THE SENATE [February 10, 2016] [No. 13 hereas, Those affected with CHD have 3-4 times higher rates of ER visits than the general population; and W Whereas, Fewer than 10 percent of adults with CHD are receiving recommended care; and Whereas, There is no cure for CHD; and Whereas, Thanks to advances in medical research, however, more and more children are surviving; now, therefore, be it Resolved by the Senate, That we hereby commemorate February 7-14, 2016, as Congenital Heart Disease Awareness Week and February 12, 2016, as Ruby Jane Day in the state of Michigan; and be it further Resolved, That we urge all citizens to show their support and help raise awareness in the fight against congenital heart disease by commemorating this day by wearing the color purple. By increasing awareness and speaking up about CHD, we can save thousands of babies every year. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senator Kowall moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieuten­ ant Governor as co‑sponsors of the resolution. The motion prevailed, a majority of the members serving voting therefor. Senator Hertel asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Hertel’s statement is as follows: Senate Resolution No. 142 is a resolution to proclaim February 7-14 as Congenital Heart Disease Awareness Week and February 12 as Ruby Jane Day in the state of Michigan. Congenital heart disease is the No. 1 birth defect in the United States. Nearly 1 in 100 newborns are born with congenital heart disease, and 40,000 infants are born in the U.S. each year with this disease. There is an estimated 2-3 million people living right now with congenital heart disease. Twenty-five percent of children born with CHD need heart surgery or other interventions to survive. There is no cure, but thanks to advances in medical research, however, more and more children are surviving and are thriving. Ruby Jane Schupbach was born on October 23, 2015, the fourth child to David and Gail Schupbach. At one month old, Ruby had her first open heart surgery. Though the road ahead is uncertain, and there will be more surgeries, Ruby is strong and healthy. She is an inspiration to me and to the many who are lucky to know her. Ruby is our warrior, and it is only fitting that we honor Ruby and bring awareness to so many who are affected by congenital heart disease. I encourage everyone to raise awareness for congenital heart disease, and honor Ruby Jane by wearing purple this Friday, February 12, Ruby Jane Day in the state of Michigan. I also ask that my colleagues help me welcome Ruby and her brothers and sister, Katie, Nate and Aiden; along with their mother Gail to the Senate floor; and along with their dad David, who is a communications director for our caucus. I ask that my colleagues support this resolution, and welcome this family to the floor. Introduction and Referral of Bills Senator Robertson introduced Senate Bill No. 776, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 472a (MCL 168.472a), as amended by 1999 PA 219. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senator Hildenbrand introduced Senate Bill No. 777, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Schuitmaker introduced Senate Bill No. 778, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7422, 17708, and 17757 (MCL 333.7422, 333.17708, and 333.17757), section 7422 as added by 2014 PA 313, section 17708 as amended by 2012 PA 209, and section 17757 as amended by 2014 PA 525, and by adding section 17744e. The bill was read a first and second time by title and referred to the Committee on Health Policy. No. 13] [February 10, 2016] JOURNAL OF THE SENATE 161 Senator Shirkey introduced Senate Bill No. 779, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 10e (MCL 211.10e), as added by 1986 PA 223. The bill was read a first and second time by title and referred to the Committee on Finance. House Bill No. 4353, entitled A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” by amending section 1 (MCL 287.331), as amended by 1997 PA 7, and by adding section 8c. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4355, entitled A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penal­ties and civil fines and to provide remedies,” (MCL 287.331 to 287.340) by adding section 8b. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. Committee Reports he Committee on Local Government reported T Senate Resolution No. 121. A resolution to memorialize the Congress of the United States to address freeze emergencies and their consequences by enacting legislation to define freeze emergencies as major disasters eligible for federal disaster relief and emergency assistance. (For text of resolution, see Senate Journal No. 106 of 2015, p. 1918.) With the recommendation that the resolution be adopted. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Proos, Brandenburg and Rocca Nays: None The resolution was placed on the order of Resolutions. The Committee on Local Government reported House Bill No. 4888, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 24 (MCL 211.24), as amended by 2012 PA 409. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Proos, Brandenburg and Rocca Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, February 9, 2016, at 12:30 p.m., Room 210, Farnum Building Present: Senators Zorn (C), Proos, Brandenburg, Rocca and Young 162 JOURNAL OF THE SENATE [February 10, 2016] [No. 13 The Committee on Judiciary reported Senate Bill No. 566, entitled A bill to provide protection from civil liability for individuals who take certain actions to prevent harm to minors or animals. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 728, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8123 (MCL 600.8123), as amended by 2014 PA 58. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4868, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 9 (MCL 259.9), as amended by 2002 PA 35, and by adding section 98. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5034, entitled A bill to provide for fiduciary access to digital assets; and to provide for the powers and procedures of the court that has jurisdiction over these matters. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, February 9, 2016, at 1:00 p.m., Rooms 402 and 403, Capitol Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda No. 13] [February 10, 2016] JOURNAL OF THE SENATE 163 COMMITTEE ATTENDANCE REPORT he Committee on Government Operations submitted the following: T Meeting held on Tuesday, February 9, 2016, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Hansen, Kowall, Ananich and Hood Excused: Senator Meekhof (C) COMMITTEE ATTENDANCE REPORT he Subcommittee on Health and Human Services submitted the following: T Meeting held on Tuesday, February 9, 2016, at 1:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Marleau (C), MacGregor, Proos, Shirkey, Gregory and Hertel Excused: Senator Hansen Scheduled Meetings Agriculture - Thursday, February 11, 9:00 a.m., Room 110, Farnum Building (373-5323) Appropriations Subcommittees Agriculture and Rural Development - Tuesdays, February 23, March 1, March 8, March 15, and March 22, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Community Colleges - Tuesday, February 23, 9:15 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Build­ing; Friday, March 18, 1:00 p.m., Kirtland Community College, Rooms 251-252, Administration Build­ ing, 10775 N. Saint Helen Road, Roscommon; and Wednesday, March 23, 9:00 a.m., Room 100, Farnum Building (373‑2768) General Government - Thursdays, February 18, February 25, and March 3, 8:30 a.m., Room 100, Farnum Building (373-2768) K-12, School Aid, Education - Wednesday, February 17, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) K-12, School Aid, Education and Education - Tuesday, February 16, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768) State Police and Military Affairs - Tuesdays, February 23, March 1, March 8, and March 15, 8:30 a.m., Rooms 402 and 403; March 22, 8:30 a.m., Room 405; and May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Education and K-12, School Aid, Education Appropriations Subcommittee - Tuesday, February 16, 8:30 a.m., Senate Hear­ing Room, Ground Floor, Boji Tower (373-5314) Finance - Tuesday, February 16, 2:30 p.m., Room 210, Farnum Building (373-5312) Oversight - Thursday, February 11, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373‑5314) Transportation - Thursday, February 11, 8:30 a.m., Room 210, Farnum Building (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:09 a.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Thursday, February 11, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 164 No. 14 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Thursday, February 11, 2016. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—excused Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 166 JOURNAL OF THE SENATE [February 11, 2016] [No. 14 enator Wayne A. Schmidt of the 37th District offered the following invocation: S Let us be thankful for the food and drinks we are about to receive before us. Let us be thankful for the shelter that protects us while we sleep at night. Let us be thankful for the water that rejuvenates our mind, body, and soul. Let us be thankful for the earth we walk on and the air we breathe. Let us be thankful for the fire that keeps us warm and gives us light. Let us be thankful for natural surroundings that give the earth its beauty and life. Let us be thankful for the family and friends who are helpful when we need them the most. Let us be thankful for the staff and leaders who lead us on our way. Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senators Casperson and Hildenbrand be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senator Meekhof be excused from today’s session. S The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. The following communications were received: Department of State Administrative Rules Notices of Filing February 9, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-092-ED (Secretary of State Filing #16-02-01) on this date at 3:51 p.m. for the Department of Education entitled, “Child Development and Care Program.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. February 9, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-083-EQ (Secretary of State Filing #16-02-02) on this date at 3:51 p.m. for the Department of Environmental Quality entitled, “Marina Facilities.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, February 10: House Bill Nos. 4344 5006 5147 5163 5251 The Secretary announced that the following bills were printed and filed on Wednesday, February 10, and are available at the Michigan Legislature website: Senate Bill Nos. 776 777 778 779 House Bill Nos. 5331 5332 5333 5334 5335 5336 5337 5338 5339 5340 5341 5342 5343 5344 5345 5346 5347 5348 5349 5350 5351 Senators Hildenbrand, Young and Casperson entered the Senate Chamber. No. 14] [February 11, 2016] JOURNAL OF THE SENATE 167 Messages from the House Senate Bill No. 503, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 3, 7, 13, 15, and 25 of chap­ ter XIIB (MCL 712B.3, 712B.7, 712B.13, 712B.15, and 712B.25), as added by 2012 PA 565. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 5070 House Bill No. 5071 House Bill No. 5072 House Bill No. 5073 The motion prevailed. The following bill was read a third time: House Bill No. 5070, entitled A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending section 5 (MCL 408.1005), as amended by 2012 PA 447. The question being on the passage of the bill, Senator Hertel offered the following amendment: 1. Amend page 1, line 6, after “AGREEMENT” by inserting “OR ESTABLISHED IN A RULING OF THE NATIONAL LABOR RELATIONS BOARD”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 41 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Nays—26 Booher Hildenbrand Marleau Rocca Brandenburg Horn Nofs Schmidt Casperson Hune O’Brien Schuitmaker Colbeck Jones Pavlov Shirkey Emmons Knollenberg Proos Stamas Green Kowall Robertson Zorn Hansen MacGregor 168 JOURNAL OF THE SENATE [February 11, 2016] Excused—1 Meekhof Not Voting—0 In The Chair: Schuitmaker he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 42 Yeas—26 Booher Hansen MacGregor Robertson Brandenburg Hildenbrand Marleau Rocca Casperson Horn Nofs Schmidt Colbeck Hune O’Brien Shirkey Emmons Jones Pavlov Stamas Green Knollenberg Proos Zorn Gregory Kowall Nays—11 Ananich Hood Knezek Warren Bieda Hopgood Schuitmaker Young Hertel Johnson Smith Excused—1 Meekhof Not Voting—0 In The Chair: Schuitmaker enator Kowall moved to reconsider the vote by which the bill was passed. S The motion prevailed, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 43 Yeas—26 Booher Hildenbrand Marleau Rocca Brandenburg Horn Nofs Schmidt [No. 14 No. 14] Casperson Colbeck Emmons Green Hansen [February 11, 2016] JOURNAL OF THE SENATE 169 Hune O’Brien Schuitmaker Jones Pavlov Shirkey Knollenberg Proos Stamas Kowall Robertson Zorn MacGregor Nays—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Excused—1 Meekhof Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to prescribe and regulate working conditions; to prescribe the duties of employers and employees as to places and conditions of employment; to create certain boards, commissions, committees, and divisions relative to occupational and construction health and safety; to prescribe their powers and duties and powers and duties of the department of labor and department of public health; to prescribe certain powers and duties of the directors of the departments of labor, public health, and agriculture; to impose an annual levy to provide revenue for the safety education and training division; to provide remedies and penalties; to repeal certain acts and parts of acts; and to repeal certain acts and parts of act on specific dates,”. The Senate agreed to the full title. Senator Hertel asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Hertel’s statement is as follows: I rise today to offer amendments for House Bill Nos. 5070-5073. My amendments would clarify that the definition of an employer or employee is decided upon and enforced by the National Labor Relations Board. This simple fix will ensure that Michigan remains in compliance with federal law as it pertains to labor relations. It’s not our place to interfere with and make determinations on federal labor laws. Voting “yes” on these amendments is a declaration of support for the decisions of the National Labor Relations Board. The following bill was read a third time: House Bill No. 5071, entitled A bill to amend 1978 PA 390, entitled “An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 1 (MCL 408.471). 170 JOURNAL OF THE SENATE [February 11, 2016] [No. 14 he question being on the passage of the bill, T Senator Hertel offered the following amendment: 1. Amend page 2, line 6, after “AGREEMENT” by inserting “OR ESTABLISHED IN A RULING OF THE NATIONAL LABOR RELATIONS BOARD”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 44 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Nays—26 Booher Hildenbrand Marleau Rocca Brandenburg Horn Nofs Schmidt Casperson Hune O’Brien Schuitmaker Colbeck Jones Pavlov Shirkey Emmons Knollenberg Proos Stamas Green Kowall Robertson Zorn Hansen MacGregor Excused—1 Meekhof Not Voting—0 In The Chair: Schuitmaker he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 45 Yeas—26 Booher Hildenbrand Marleau Rocca Brandenburg Horn Nofs Schmidt Casperson Hune O’Brien Schuitmaker Colbeck Jones Pavlov Shirkey Emmons Knollenberg Proos Stamas Green Kowall Robertson Zorn Hansen MacGregor No. 14] [February 11, 2016] JOURNAL OF THE SENATE 171 Nays—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Excused—1 Meekhof Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. Senator Hertel asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Hertel’s statement is as follows: I rise today to offer amendments for House Bill Nos. 5070-5073. My amendments would clarify that the definition of an employer or employee is decided upon and enforced by the National Labor Relations Board. This simple fix will ensure that Michigan remains in compliance with federal law as it pertains to labor relations. It’s not our place to interfere with and make determinations on federal labor laws. Voting “yes” on these amendments is a declaration of support for the decisions of the National Labor Relations Board. The following bill was read a third time: House Bill No. 5072, entitled A bill to amend 2014 PA 138, entitled “Workforce opportunity wage act,” by amending section 2 (MCL 408.412). The question being on the passage of the bill, Senator Hertel offered the following amendment: 1. Amend page 2, line 7, after “AGREEMENT” by inserting “OR ESTABLISHED IN A RULING OF THE NATIONAL LABOR RELATIONS BOARD”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 46 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Nays—26 Booher Hildenbrand Marleau Rocca Brandenburg Horn Nofs Schmidt 172 Casperson Colbeck Emmons Green Hansen JOURNAL OF THE SENATE [February 11, 2016] [No. 14 Hune O’Brien Schuitmaker Jones Pavlov Shirkey Knollenberg Proos Stamas Kowall Robertson Zorn MacGregor Excused—1 Meekhof Not Voting—0 In The Chair: Schuitmaker he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 47 Yeas—26 Booher Hildenbrand Marleau Rocca Brandenburg Horn Nofs Schmidt Casperson Hune O’Brien Schuitmaker Colbeck Jones Pavlov Shirkey Emmons Knollenberg Proos Stamas Green Kowall Robertson Zorn Hansen MacGregor Nays—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Excused—1 Meekhof Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to fix minimum wages for employees within this state; to prohibit wage discrimination; to provide for a wage deviation board; to provide for the administration and enforcement of this act; to prescribe penalties for the violation of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. No. 14] [February 11, 2016] JOURNAL OF THE SENATE 173 Senator Hertel asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Hertel’s statement is as follows: I rise today to offer amendments for House Bill Nos. 5070-5073. My amendments would clarify that the definition of an employer or employee is decided upon and enforced by the National Labor Relations Board. This simple fix will ensure that Michigan remains in compliance with federal law as it pertains to labor relations. It’s not our place to interfere with and make determinations on federal labor laws. Voting “yes” on these amendments is a declaration of support for the decisions of the National Labor Relations Board. The following bill was read a third time: House Bill No. 5073, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 41 (MCL 421.41), as amended by 2005 PA 19. The question being on the passage of the bill, Senator Hertel offered the following amendment: 1. Amend page 5, line 1, after “AGREEMENT” by inserting “OR ESTABLISHED IN A RULING OF THE NATIONAL LABOR RELATIONS BOARD”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 48 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Nays—26 Booher Hildenbrand Marleau Rocca Brandenburg Horn Nofs Schmidt Casperson Hune O’Brien Schuitmaker Colbeck Jones Pavlov Shirkey Emmons Knollenberg Proos Stamas Green Kowall Robertson Zorn Hansen MacGregor Excused—1 Meekhof Not Voting—0 In The Chair: Schuitmaker he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: 174 Roll Call No. 49 JOURNAL OF THE SENATE [February 11, 2016] [No. 14 Yeas—26 Booher Hildenbrand Marleau Rocca Brandenburg Horn Nofs Schmidt Casperson Hune O’Brien Schuitmaker Colbeck Jones Pavlov Shirkey Emmons Knollenberg Proos Stamas Green Kowall Robertson Zorn Hansen MacGregor Nays—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Smith Excused—1 Meekhof Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the welfare of the people of this state through the establishment of an unemployment compensation fund, and to provide for the disbursement thereof; to create certain other funds; to create the Michigan employment security commission, and to prescribe its powers and duties; to provide for the protection of the people of this state from the hazards of unemployment; to levy and provide for contributions from employers; to levy and provide for obligation assess­ments; to provide for the collection of those contributions and assessments; to enter into reciprocal agreements and to cooperate with agencies of the United States and of other states charged with the administration of any unemployment insurance law; to furnish certain information to certain governmental agencies for use in administering public benefit and child support programs and investigating and prosecuting fraud; to provide for the payment of benefits; to provide for appeals from redeterminations, decisions and notices of assessments; and for referees and a board of review to hear and decide the issues arising from redeterminations, decisions and notices of assessment; to provide for the cooperation of this state and compliance with the provisions of the social security act and the Wagner-Peyser act passed by the Congress of the United States of America; to provide for the establishment and maintenance of free public employment offices; to provide for the transfer of funds; to make appropriations for carrying out the provisions of this act; to prescribe remedies and penalties for the violation of this act; and to repeal all acts and parts of acts inconsistent with this act,”. The Senate agreed to the full title. Protests Senators Hertel and Gregory, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill Nos. 5070, 5071, 5072, and 5073. Senator Hertel moved that the statement he made during the discussion of House Bill No. 5070 be printed as his reasons for voting “no.” The motion prevailed. No. 14] [February 11, 2016] JOURNAL OF THE SENATE 175 enator Hertel’s statement, in which Senator Gregory concurred, is as follows: S I rise today to offer my “no” vote explanation for House Bill Nos. 5070-5073. These proposals are, in their current form, an overreaction to a recent ruling by the National Labor Relations Board. In fact, they’re trying to solve a problem that doesn’t even exist yet. This legislation is an overreaction to an NLRB ruling on a specific joint employer case in California. This ruling has already been upheld through the NLRB appeals process. However, that specific ruling only applied to joint employers with temporary workers, not franchisor/franchisee relationships. The House bills before you today will put Michigan in an unconstitutional position as we seek to preempt a possible future interpretation of the NLRB’s decision. If these bills are passed, they will encourage private employers in our state to circumvent federal labor rulings and will surely lead to costly, drawn-out court actions. We are all proud term-limited members of the State Legislature, but we are not members of Congress, so we should not be trying to write our own versions of federal law. I encourage my colleagues to vote “no” on these unnecessary bills. Senator Hertel asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Hertel’s statement is as follows: I rise today to offer amendments for House Bill Nos. 5070-5073. My amendments would clarify that the definition of an employer or employee is decided upon and enforced by the National Labor Relations Board. This simple fix will ensure that Michigan remains in compliance with federal law as it pertains to labor relations. It’s not our place to interfere with and make determinations on federal labor laws. Voting “yes” on these amendments is a declaration of support for the decisions of the National Labor Relations Board. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:35 a.m. 11:39 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Schmidt as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 600, entitled A bill to amend 1937 PA 146, entitled “An act to establish, protect and enforce by lien the rights of laborers, contractors, sub-contractors and material men and other persons furnishing labor, tools, or materials, or other things of value, for the drilling, boring, torpedoing, acidizing, completing, operating or repairing of any oil or gas well, or the constructing or repairing of any oil or gas pipe line, oil or gas derrick, or oil tank,” by amending section 4 (MCL 570.254). Senate Bill No. 601, entitled A bill to amend 1983 PA 102, entitled “Uniform federal lien registration act,” by amending section 6 (MCL 211.666). Senate Bill No. 604, entitled A bill to amend 1962 PA 174, entitled “Uniform commercial code,” by amending section 9525 (MCL 440.9525), as amended by 2004 PA 212. 176 JOURNAL OF THE SENATE [February 11, 2016] [No. 14 Senate Bill No. 737, entitled A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, admin­ istration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 25 (MCL 205.25), as amended by 2002 PA 657. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 599, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2567 (MCL 600.2567), as amended by 2004 PA 538. Substitute (S-4). The following are the amendments to the substitute recommended by the Committee of the Whole: 1. Amend page 4, line 6, after “SUBSECTION” by striking out “(1)(A), (B), AND (C)” and inserting “(1)”. 2. Amend page 4, line 10, after “UP” by striking out the balance of the line through “$5.00” on line 11 and inserting a comma and “FOR THE FEES UNDER SUBSECTION (1)(A) AND (B), TO THE NEAREST $1.00 OR, FOR THE FEES UNDER SUBSECTION (1)(C) TO (G), TO THE NEAREST 25 CENTS”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 602, entitled A bill to amend 1968 PA 203, entitled “State tax lien registration act,” by amending section 5 (MCL 211.685). Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 603, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 15 (MCL 421.15), as amended by 2011 PA 269. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator Schuitmaker introduced Senate Bill No. 780, entitled A bill to designate the Honor and Remember flag as the official emblem of service and sacrifice of the state of Michigan. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. Senators Schuitmaker and O’Brien introduced Senate Bill No. 781, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 803e (MCL 257.803e), as amended by 2011 PA 46. The bill was read a first and second time by title and referred to the Committee on Transportation. No. 14] [February 11, 2016] JOURNAL OF THE SENATE 177 House Bill No. 4344, entitled A bill to amend 1974 PA 300, entitled “Motor vehicle service and repair act,” by amending sections 2, 2a, 3, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 30, 32, 33, 34a, 36, and 39 (MCL 257.1302, 257.1302a, 257.1303, 257.1307, 257.1309, 257.1310, 257.1311, 257.1312, 257.1313, 257.1314, 257.1315, 257.1316, 257.1317, 257.1318, 257.1319, 257.1320, 257.1321, 257.1322, 257.1330, 257.1332, 257.1333, 257.1334a, 257.1336, and 257.1339), sections 2, 18, 22, and 30 as amended and section 2a as added by 1988 PA 254, section 10 as amended by 2000 PA 366, and section 17 as amended by 2002 PA 464, and by adding sections 7a, 7b, 7c, 7d, 7e, 7f, 10a, 13a, 13b, and 32a. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. House Bill No. 5006, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 5a. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 5147, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 315a and 376a (MCL 750.315a and 750.376a), as amended by 2014 PA 400. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. House Bill No. 5163, entitled A bill to amend 2003 PA 258, entitled “Land bank fast track act,” by amending section 18 (MCL 124.768); and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Local Government. House Bill No. 5251, entitled A bill to amend 1999 PA 276, entitled “Banking code of 1999,” by amending section 4111 (MCL 487.14111), as added by 2014 PA 399. The House of Representatives has passed the bill by a 2/3 vote and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. Statements Senators Stamas, Bieda and Young asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Stamas’ statement is as follows: It is with a heavy heart that I stand here today. On Saturday, February 6, Midland lost a dear friend and champion in Judge Donna T. Morris. Judge Morris served in Midland County with distinction and class from 1979 through 2001. Her dedication to the children and mentally ill in Midland was her true passion. Thank you, Judge Morris, for your service to Midland County and to Michigan. Thank you to Judge Morris’ family for sharing her talents with us. Our thoughts and prayers are with the Morris family. May her memory be eternal. enator Bieda’s statement is as follows: S Colleagues, when disasters of a certain scale have happened in the past, there have been investigations of an appropriate scale to match. On the federal level, examples include the Warren Commission, the Challenger shuttle explosion, and the Deepwater Horizon oil spill. Right now, the U.S. Congress is holding hearings on the Flint water crisis. One has to ask: Congress is on it, why aren’t we? Even the Michigan House has conducted serious investigations about misconduct, most recently regarding the misdeeds of two of their own members. 178 JOURNAL OF THE SENATE [February 11, 2016] [No. 14 But now, as we have watched the Flint water crisis unfold, this Legislature can’t seem to conduct a serious or even any investi­gation of its own. It completely baffles me, especially when it’s pretty clear that the people of Michigan are sick of being pandered to by fancy PR firms. It’s clear that they are sick of lip service, and they’re sick of spin. They deserve trans­ parency from the government agencies that are supposed to protect them. We, the Legislature, need to stand up for the voters who sent us here. We shouldn’t defer to the federal government when it comes to our state’s problems. My good colleague from the 27th District has been asking for an investigative hearing since last year, and I’m here to echo his call. We need a bipartisan, special joint committee with subpoena power that can truly hold the bad actors account­ able. The people of Michigan deserve the truth. The people of Michigan deserve answers. The people of Michigan deserve justice. The people of Michigan deserve integrity in government. The people of Michigan deserve a solemn promise that this type of man-made disaster will never ever happen again. At the end of the day, the people of Flint deserve better. At the end of the day, the people of Michigan deserve better. enator Young’s statement is as follows: S Colleagues, I would like to start with a quote. This time, it’s from Genesee County’s environmental health supervisor: “The Governor prohibited releasing all Genesee County lead results until after the press conference.” That’s right. Last night, we found out that, once again, the Governor decided his public image was more important than the health of the children of Flint. These were lead tests at schools; schools that should have had their taps turned off immediately. But the Governor wanted to spin instead of help. He wanted to delay instead of take action. Once again, we are only finding this out because of e-mails obtained through the Freedom of Information Act; not because the Governor is finally coming clean; not because he is being transparent; not because he wants to do the right thing; not because he had to under this act. There is something funda­mentally wrong with that picture. This is why transparency in government is so important. Without it, we allow people like the Governor to continually put their own interests ahead of the safety of the people they serve. Without it, there is no accountability. We need strong over­sight to investigate these tough issues and to restore trust to Michigan families. This is why we have a Senate Oversight Committee, or at least I thought we had one. Since the formation of that com­ mit­tee, however, it has only met once. Instead of being a safeguard for the people of Michigan; instead of investigating agencies and authorities that otherwise answer to no one, like Trinity, Aramark, the NERD fund, skunkworks, emergency managers, Flint water, and charter schools. That committee has only concerned itself with Planned Parenthood, which is, as you should know, an organization that actually helps people and has been cleared of any wrongdoing by multiple agencies. I’d like to end with a quote by His Holiness the Dalai Lama: “A lack of transparency results in distrust and a deep sense of insecurity.” We need to restore trust to the people of Michigan. Committee Reports COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Joint meeting held on Wednesday, February 10, 2016, at 11:00 a.m., House Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Scheduled Meetings Appropriations - Wednesday, February 17, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-1801) Subcommittees Agriculture and Rural Development - Tuesdays, February 23, March 1, March 8, March 15, and March 22, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Community Colleges - Tuesday, February 23, 9:15 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building; Friday, March 18, 1:00 p.m., Kirtland Community College, Rooms 251-252, Administration Build­ ing, 10775 N. Saint Helen Road, Roscommon; and Wednesday, March 23, 9:00 a.m., Room 100, Farnum Building (373‑2768) No. 14] [February 11, 2016] JOURNAL OF THE SENATE 179 Corrections - Wednesday, February 17, 12:30 p.m., Room 405, Capitol Building (373-2768) General Government - Thursdays, February 18, February 25, and March 3, 8:30 a.m., Room 100, Farnum Building (373-2768) Health and Human Services - Tuesday, February 16, 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768) K-12, School Aid, Education - Wednesday, February 17, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) K-12, School Aid, Education and Education - Tuesday, February 16, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-2768) State Police and Military Affairs - Tuesdays, February 23, March 1, March 8, and March 15, 8:30 a.m., Rooms 402 and 403; March 22, 8:30 a.m., Room 405; and May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Education and K-12, School Aid, Education Appropriations Subcommittee - Tuesday, February 16, 8:30 a.m., Senate Hear­ing Room, Ground Floor, Boji Tower (373-5314) Finance - Tuesday, February 16, 2:30 p.m., Room 210, Farnum Building (373-5312) Government Operations - Tuesday, February 16, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373‑1801) Judiciary - Tuesday, February 16, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-1721) Outdoor Recreation and Tourism - Wednesday, February 17, 12:30 p.m., Room 110, Farnum Building (373-1721) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 12:00 noon. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Tuesday, February 16, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 180 No. 15 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Tuesday, February 16, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 182 JOURNAL OF THE SENATE [February 16, 2016] [No. 15 Pastor Tiffany McCafferty of First Presbyterian Church of Paw Paw offered the following invocation: Holy One, we give You thanks for Your presence in this world and for a creation that reflects Your glory and love for all who dwell here. We thank You for the beauty of this great state—lakes, forests, fields, and cities—vibrant even now when all is covered with snow. We thank You and praise You for creating us in Your likeness. We thank You for giving us the capacity for intellect and compassion, the responsibility to care for all whom You have created, and the power to make a difference through our actions and decisions. Thank you for the men and women who govern our state; for the Senators gathered here today, as well as any who may be away; for their staffs, their families, and all who support them in leadership. God, be present with these Senators and all who come here today to participate in this process. Help them to speak without fear of judgment and to listen with open minds. Guide them in their understanding so that they might lend guidance to one another. Help them to overcome any differences and to find unity of purpose. Give them the diligence to seek out multiple per­ spectives, the time to process and discern, and the perseverance to work toward solutions that meet the needs of all. In Your holy name we pray. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Young entered the Senate Chamber. enator Kowall moved that Senator Casperson be temporarily excused from today’s session. S The motion prevailed. enator Bieda moved that Senators Hood and Johnson be temporarily excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Hune admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:05 a.m. 10:54 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator Hune introduced the Hartland Rising Eagles FIRST LEGO League Robotics Team, 2015 State Champions, Head Coach Steve Majors, and Assistant Coach Brian Prokuda; and presented them with a Special Tribute. Coaches Majors and Prokuda responded briefly. During the recess, Senators Casperson, Hood and Johnson entered the Senate Chamber. The following communication was received: Office of Senator Curtis Hertel Jr. February 10, 2016 I am writing to request my addition in co‑sponsorship of Senate Bill 212, sponsored by Senator Emmons. No. 15] [February 16, 2016] JOURNAL OF THE SENATE Please feel free to contact me if you need any further information. The communication was referred to the Secretary for record. 183 Sincerely, Curtis Hertel Jr. State Senator District 23 The Secretary announced the enrollment printing and presentation to the Governor on Friday, February 12, for his approval the following bill: Enrolled Senate Bill No. 513 at 10:06 a.m. The Secretary announced that the following bills were printed and filed on Thursday, February 11, and are available at the Michigan Legislature website: Senate Bill Nos. 780 781 House Bill Nos. 5352 5353 5354 5355 5356 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Gregory as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 569, entitled A bill to amend 1978 PA 30, entitled “An act to provide for the creation and use of budget stabilization funds by counties, cities, villages, and townships,” by amending section 3 (MCL 141.443). House Bill No. 4758, entitled A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sections 132, 221, 275, 277, 278, 280, 476, 528, and 569 (MCL 280.132, 280.221, 280.275, 280.277, 280.278, 280.280, 280.476, 280.528, and 280.569), sections 275, 278, and 280 as amended by 2002 PA 406. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 606, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2014 PA 40. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator Green introduced Senate Bill No. 782, entitled A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Booher introduced Senate Bill No. 783, entitled A bill to provide for a capital outlay program; to set forth the provisions for its implementation within the budgetary process; to make appropriations for planning and construction at state institutions and the acquisition of land; to provide 184 JOURNAL OF THE SENATE [February 16, 2016] [No. 15 for the elimination of fire hazards at the institutions; to provide for certain special maintenance, remodeling, alteration, renovation, or demolition of and additions to projects at state institutions; to provide for elimination of occupational safety and health hazards at state agencies and institutions; to provide for the award of contracts; and to provide for the expenditure of certain appropriations under the supervision of the director of the department of technology, management, and budget and the state administrative board. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Booher introduced Senate Bill No. 784, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 201a (MCL 388.1801 and 388.1801a), as amended by 2015 PA 85. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Proos introduced Senate Bill No. 785, entitled A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Hansen introduced Senate Bill No. 786, entitled A bill to make appropriations for the department of education for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Green introduced Senate Bill No. 787, entitled A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Stamas introduced Senate Bill No. 788, entitled A bill to make appropriations for the legislature, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, the department of talent and economic development, and certain state purposes related thereto for the fiscal year ending September 30, 2017; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Marleau introduced Senate Bill No. 789, entitled A bill to make appropriations for the department of health and human services for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Schuitmaker introduced Senate Bill No. 790, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 236a (MCL 388.1836 and 388.1836a), as amended by 2015 PA 85. The bill was read a first and second time by title and referred to the Committee on Appropriations. No. 15] [February 16, 2016] JOURNAL OF THE SENATE 185 Senator Knollenberg introduced Senate Bill No. 791, entitled A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Proos introduced Senate Bill No. 792, entitled A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Knollenberg introduced Senate Bill No. 793, entitled A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Nofs introduced Senate Bill No. 794, entitled A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Green introduced Senate Bill No. 795, entitled A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Hansen introduced Senate Bill No. 796, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2015 PA 139 and section 17b as amended by 2007 PA 137. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Nofs introduced Senate Bill No. 797, entitled A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Stamas introduced Senate Bill No. 798, entitled A bill to make appropriations for the department of talent and economic development for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Hansen introduced Senate Bill No. 799, entitled A bill to make appropriations for the state transportation department for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. 186 JOURNAL OF THE SENATE [February 16, 2016] [No. 15 Senator Hildenbrand introduced Senate Bill No. 800, entitled A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2017 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Hildenbrand introduced Senate Bill No. 801, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 17b, 201, and 236 (MCL 388.1611, 388.1617b, 388.1801, and 388.1836), section 11 as amended by 2015 PA 139, section 17b as amended by 2007 PA 137, and sections 201 and 236 as amended by 2015 PA 85. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Hildenbrand introduced Senate Bill No. 802, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Hildenbrand introduced Senate Bill No. 803, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2015 PA 139 and section 17b as amended by 2007 PA 137. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Hildenbrand introduced Senate Bill No. 804, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. By unanimous consent the Senate returned to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 599 Senate Bill No. 600 Senate Bill No. 601 Senate Bill No. 602 Senate Bill No. 603 Senate Bill No. 604 Senate Bill No. 737 The motion prevailed. The following bill was read a third time: Senate Bill No. 599, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2567 (MCL 600.2567), as amended by 2004 PA 538. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 15] [February 16, 2016] JOURNAL OF THE SENATE Roll Call No. 50 Ananich Bieda Booher Casperson Green Gregory Hansen Hertel 187 Yeas—31 Hildenbrand Kowall Schmidt Hood MacGregor Schuitmaker Hopgood Marleau Shirkey Horn Meekhof Smith Johnson Nofs Stamas Jones O’Brien Warren Knezek Proos Zorn Knollenberg Robertson Nays—7 Brandenburg Emmons Colbeck Hune Pavlov Young Rocca Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 600, entitled A bill to amend 1937 PA 146, entitled “An act to establish, protect and enforce by lien the rights of laborers, contractors, sub-contractors and material men and other persons furnishing labor, tools, or materials, or other things of value, for the drilling, boring, torpedoing, acidizing, completing, operating or repairing of any oil or gas well, or the constructing or repairing of any oil or gas pipe line, oil or gas derrick, or oil tank,” by amending section 4 (MCL 570.254). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 51 Yeas—33 Ananich Hood MacGregor Schmidt Bieda Hopgood Marleau Schuitmaker Booher Horn Meekhof Shirkey Casperson Johnson Nofs Smith Green Jones O’Brien Stamas Gregory Knezek Pavlov Warren Hansen Knollenberg Proos Young Hertel Kowall Robertson Zorn Hildenbrand Nays—5 Brandenburg Emmons Hune Colbeck Rocca 188 JOURNAL OF THE SENATE [February 16, 2016] [No. 15 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 11:09 a.m. 11:16 a.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. The following bill was read a third time: Senate Bill No. 601, entitled A bill to amend 1983 PA 102, entitled “Uniform federal lien registration act,” by amending section 6 (MCL 211.666). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 52 Yeas—33 Ananich Hood MacGregor Schmidt Bieda Hopgood Marleau Schuitmaker Booher Horn Meekhof Shirkey Casperson Johnson Nofs Smith Green Jones O’Brien Stamas Gregory Knezek Pavlov Warren Hansen Knollenberg Proos Young Hertel Kowall Robertson Zorn Hildenbrand Nays—5 Brandenburg Emmons Hune Colbeck Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. Rocca No. 15] [February 16, 2016] JOURNAL OF THE SENATE 189 The following bill was read a third time: Senate Bill No. 602, entitled A bill to amend 1968 PA 203, entitled “State tax lien registration act,” by amending section 5 (MCL 211.685). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 53 Yeas—33 Ananich Hood MacGregor Schmidt Bieda Hopgood Marleau Schuitmaker Booher Horn Meekhof Shirkey Casperson Johnson Nofs Smith Green Jones O’Brien Stamas Gregory Knezek Pavlov Warren Hansen Knollenberg Proos Young Hertel Kowall Robertson Zorn Hildenbrand Nays—5 Brandenburg Emmons Hune Colbeck Rocca Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 603, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 15 (MCL 421.15), as amended by 2011 PA 269. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 54 Ananich Bieda Booher Casperson Green Gregory Hansen Hertel Yeas—32 Hildenbrand Kowall Schmidt Hood MacGregor Schuitmaker Hopgood Marleau Shirkey Horn Meekhof Smith Johnson Nofs Stamas Jones O’Brien Warren Knezek Pavlov Young Knollenberg Proos Zorn 190 JOURNAL OF THE SENATE [February 16, 2016] [No. 15 Nays—6 Brandenburg Emmons Robertson Rocca Colbeck Hune Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 604, entitled A bill to amend 1962 PA 174, entitled “Uniform commercial code,” by amending section 9525 (MCL 440.9525), as amended by 2004 PA 212. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 55 Yeas—33 Ananich Hood MacGregor Schmidt Bieda Hopgood Marleau Schuitmaker Booher Horn Meekhof Shirkey Casperson Johnson Nofs Smith Green Jones O’Brien Stamas Gregory Knezek Pavlov Warren Hansen Knollenberg Proos Young Hertel Kowall Robertson Zorn Hildenbrand Nays—5 Brandenburg Emmons Hune Colbeck Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. Rocca No. 15] [February 16, 2016] JOURNAL OF THE SENATE 191 The following bill was read a third time: Senate Bill No. 737, entitled A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 25 (MCL 205.25), as amended by 2002 PA 657. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 56 Yeas—30 Ananich Hildenbrand MacGregor Schuitmaker Bieda Hood Marleau Shirkey Booher Hopgood Meekhof Smith Casperson Horn Nofs Stamas Green Johnson O’Brien Warren Gregory Jones Proos Young Hansen Knezek Schmidt Zorn Hertel Knollenberg Nays—8 Brandenburg Emmons Colbeck Hune Kowall Robertson Pavlov Rocca Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 Senate Resolution No. 12 Senate Resolution No. 121 The motion prevailed. 192 JOURNAL OF THE SENATE [February 16, 2016] [No. 15 enators Jones and Hertel offered the following resolution: S Senate Resolution No. 143. A resolution honoring the accomplishments of the General Motors Lansing Grand River Assembly Plant and its workforce on their recent awards and achievements. Whereas, The Michigan Senate recognizes the outstanding contributions of the dedicated workforce of the General Motors Lansing Grand River Assembly Plant; and Whereas, The plant received the 2016 Motor Trend Car of the Year (Chevrolet Camaro), the 2014 Motor Trend Car of the Year (Cadillac CTS Sedan), and the 2013 North American Car of the Year (Cadillac ATS); and Whereas, The General Motors Lansing Grand River Assembly Plant was constructed in 1999 and is one of General Motors’ newest plants. The Grand River plant was designed around General Motors, Global Manufacturing System (GMS) and focuses on maximum performance in safety, people systems, quality, customer responsiveness, cost, and environment; and Whereas, The Chevrolet Camaro, Cadillac CTS, and Cadillac ATS are built on the Lansing Grand River Plant’s 2.5 million square feet and 111 acres; and Whereas, General Motors recently announced it will be adding a third shift to the Lansing Grand River plant and hiring more than 500 employees to keep up with the demand of the 2016 Camaro; and Whereas, In 2015, a $175 million investment was made for new tooling and equipment for the Camaro, and hundreds of jobs were created at that time; and Whereas, The Lansing Grand River Assembly UAW Local 652 will be increasing membership with these good-paying jobs; now, therefore, be it Resolved by the Senate, That we hereby honor the accomplishments of the men and women of the General Motors Lansing Grand River Assembly Plant; and be it further Resolved, That we offer words of praise and gratitude for the continuation of Michigan’s legacy as a leader in the auto­ motive industry. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Booher, Brandenburg, Green, Gregory, Hansen, MacGregor, Marleau, Proos and Warren were named co‑sponsors of the resolution. Statements Senators Hertel and Bieda asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Hertel’s statement is as follows: Colleagues, I rise today with a heavy heart. Once again, the Lansing Fire Department has suffered a great tragedy. On February 3, at the age of 65, Captain Steve Babcock passed away. A 23-year veteran of the Lansing Fire Department, Captain Babcock was serving in the Emergency Management Division, but he was also the department historian and had overseen the information officers for the department. Babcock passed away surrounded by family and friends after a short but courageous battle with non-Hodgkin lymphoma. He was known and very loved by so many in the department and this community. We thank Captain Babcock for his service and dedication. He will be greatly missed by our community. Unfortunately, this tragedy is all too common among firefighters. Numerous studies show that firefighters are two to three times more likely to develop cancer than the average person because they are exposed to numerous cancer-causing agents in the line of duty. Public Act 515 of 2014 created the First Responder Presumed Coverage Fund that will cover the care for firefighters who develop respiratory tract, bladder, skin, brain, kidney, blood, thyroid, testicular, prostate, or lymphatic cancer. This legislation puts Michigan among 35 other states that have funds in place to take care of firefighters who have been diagnosed. However, Public Act 515 of 2014 specifies that the Department of Licensing and Regulatory Affairs may not implement the fund until the Legislature has appropriated money to do it. We have not done so yet. It has been over a year since the Governor signed the bill into law, and the money still has not been appropriated. It is further disturbing that in his signing letter, the Governor called on the Legislature to appropriate that money quickly. But when that did not happen, he has the opportunity to make it part of his budget priorities, and he failed to do so. How long will we wait to act? There have been six firefighters who have been diagnosed with some form of cancer since the first responders fund was created. Unfortunately, Captain Babcock lost his battle. Inaction has consequences—real consequences. Doug Battey, a firefighter who was diagnosed with leukemia is 2015 and looking for answers to why he wasn’t covered, said, “Firefighters show up at the scene of a fire, get to work, and keep at it until the job is done. We don’t leave when the No. 15] [February 16, 2016] JOURNAL OF THE SENATE 193 fire if 95 percent extinguished. We are asking the Legislature to do the same for us: Finish what you started. Make good on a promise that firefighters will be taken care of when facing a work-related health crisis.” Firefighters run into burning buildings and risk their lives to save others. The least we can do is to make this simple appropriation to protect them. This Legislature can come up with $5 million to block a voter referendum, but we can’t fund coverage for firefighters who work to help protect us? We have the power to act. We have the power to make an impact on these five firefighters and so many who will contract cancer in the future. All we have to do is choose to act. I make this promise to all of you today, everyone in this chamber, and more importantly, to the firefighters across this state: I will be making an amendment to every appropriation, every supplemental, every opportunity that I have to fight to fund the first responders fund. We will have a vote in this body this year. Let’s fulfill this promise that we made, and do something small to protect those who protect us. A moment of silence was observed in memory of Lansing firefighter Captain Steve Babcock. enator Bieda’s statement is as follows: S I rise today to reiterate my call for a legislative investigation into the Flint water crisis. I am proud that this chamber has unanimously approved funds on multiple occasions to help the people of Flint. I am also pleased that the Governor has included additional funding in his 2016 budget proposal. While those funds won’t fully cover the huge costs of this man-made tragedy, they are a step in the right direction. But, colleagues, I am here to remind you that our responsibilities don’t end after the problem is fixed and Flint residents have safe drinking water. Let’s be clear, the problem is hardly fixed. We have to examine the genesis of this crisis to ensure that a disaster of this scale never happens again. I will say it again: We, the Legislature, need to stand up for the voters who sent us here. This means creating and convening a bipartisan special joint committee with subpoena power. It also means performing a full investigation so that we can determine who the bad actors are and hold them accountable. That will mean closing the Freedom of Information Act loophole that exempts the Governor and the Legislature by passing Senate Bill No. 716, which I am proud to co‑sponsor along with my colleague from the 1st District. The people of Michigan, especially the people of Flint, deserve transparency, accountability, and most importantly, answers. We need to restore their trust in our great state. Committee Reports The Committee on Transportation reported Senate Bill No. 496, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 312a (MCL 257.312a), as amended by 2013 PA 177. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, February 11, 2016, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood The Committee on Agriculture reported Senate Bill No. 506, entitled A bill to amend 1964 PA 283, entitled “Weights and measures act,” by amending section 28c (MCL 290.628c), as amended by 2012 PA 254. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson 194 JOURNAL OF THE SENATE [February 16, 2016] [No. 15 To Report Out: Yeas: Senators Hune, Green, Schmidt, Booher and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Agriculture reported Senate Bill No. 671, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 303 and 543 (MCL 436.1303 and 436.1543), section 543 as amended by 2010 PA 213. With the recommendation that the bill be referred to the Committee on Regulatory Reform. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Green, Schmidt, Booher and Johnson Nays: None The bill was referred to the Committee on Regulatory Reform. The Committee on Agriculture reported House Bill No. 4408, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 18813. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Green, Schmidt, Booher and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Agriculture reported House Bill No. 4999, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7405, 16192, 16201, 16349, 17708, 17751, and 17763 (MCL 333.7405, 333.16192, 333.16201, 333.16349, 333.17708, 333.17751, and 333.17763), sections 7405, 17708, and 17763 as amended by 2012 PA 209, section 16192 as amended by 2013 PA 268, section 16201 as amended by 1988 PA 462, section 16349 as added by 1993 PA 79, and section 17751 as amended by 2014 PA 525. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Green, Schmidt, Booher and Johnson Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Agriculture submitted the following: T Meeting held on Thursday, February 11, 2016, at 9:00 a.m., Room 110, Farnum Building Present: Senators Hune (C), Green, Schmidt, Booher and Johnson The Committee on Oversight reported Senate Bill No. 564, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2690 (MCL 333.2690). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Peter F. MacGregor Chairperson No. 15] [February 16, 2016] JOURNAL OF THE SENATE 195 To Report Out: Yeas: Senators MacGregor, Kowall, Stamas and Schuitmaker Nays: Senator Gregory The bill was referred to the Committee of the Whole. The Committee on Oversight reported Senate Bill No. 565, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13k of chapter XVII (MCL 777.13k), as amended by 2012 PA 539. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Peter F. MacGregor Chairperson To Report Out: Yeas: Senators MacGregor, Kowall, Stamas and Schuitmaker Nays: Senator Gregory The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Oversight submitted the following: T Meeting held on Thursday, February 11, 2016, at 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators MacGregor (C), Kowall, Stamas, Schuitmaker and Gregory COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Joint meeting held on Tuesday, February 16, 2016, at 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Subcommittee on K-12, School Aid, Education submitted the following: T Joint meeting held on Tuesday, February 16, 2016, at 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Hansen (C), Pavlov and Hopgood Scheduled Meetings Appropriations - Wednesday, February 17, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-1801) Subcommittees Agriculture and Rural Development - Tuesdays, February 23, March 1, March 8, March 15, and March 22, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Community Colleges - Tuesday, February 23, 9:15 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building; Friday, March 18, 1:00 p.m., Kirtland Community College, Rooms 251-252, Administration Building, 10775 N. Saint Helen Road, Roscommon; and Wednesday, March 23, 9:00 a.m., Room 100, Farnum Building (373-2768) Corrections - Wednesday, February 17, 12:30 p.m., Room 405, Capitol Building (373-2768) General Government - Thursdays, February 18, February 25, and March 3, 8:30 a.m., Room 100, Farnum Building (373-2768) 196 JOURNAL OF THE SENATE [February 16, 2016] [No. 15 Health and Human Services - Tuesdays, February 23 and March 1, 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower; Thursday, March 3, 1:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building; Tuesday, March 8, 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower; and Thursday, March 10, 1:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) K-12, School Aid, Education - Wednesday, February 17, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) State Police and Military Affairs - Tuesdays, February 23, March 1, March 8, and March 15, 8:30 a.m., Rooms 402 and 403; March 22, 8:30 a.m., Room 405; and May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursday, February 18, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Outdoor Recreation and Tourism - Wednesday, February 17, 12:30 p.m., Room 110, Farnum Building (373-1721) Transportation - Thursday, February 18, 8:30 a.m., Room 210, Farnum Building (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:35 a.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Wednesday, February 17, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 16 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Wednesday, February 17, 2016. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—excused Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—excused Stamas—present Warren—present Young—present Zorn—present 198 JOURNAL OF THE SENATE [February 17, 2016] [No. 16 enator Mike Shirkey of the 16th District offered the following invocation: S Heavenly Father, Almighty God, we claim this day and this time as You prescribed that when two or more gather together in Your name, You are there. May this day be a blessing to You, Lord. As You have taught us through the book of Jeremiah, You speak through the prophets and do Your work through people like us. Let us always be mindful of Paul’s exhortation in Romans 13:1: “Let every soul be subject to the higher powers. For there is no power but of God, and the powers that be are of God.” This is an awesome responsibility for which we often feel unworthy. While we do our humanly best to live up to this charge, we petition for Your help today with wisdom, strength, and purity of heart. May our work be a blessing to You, Lord. Guide our thoughts and our words, and guard our hearts from this world. May this day be a blessing to You. It is in Your strong and powerful name of Jesus Christ I pray. Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Young entered the Senate Chamber. enator Hood moved that Senator Johnson be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Ananich and Smith be excused from today’s session. S The motion prevailed. The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, February 16: House Bill Nos. 4418 4634 The Secretary announced that the following bills were printed and filed on Tuesday, February 16, and are available at the Michigan Legislature website: Senate Bill Nos. 782 783 784 785 786 787 788 789 790 791 792 793 794 795 796 797 798 799 800 801 802 803 804 House Bill Nos. 5357 5358 5359 5360 5361 5362 5363 5364 5365 5366 5367 5368 5369 5370 5371 5372 5373 5374 5375 5376 5377 Messages from the Governor The following messages from the Governor were received: Date: February 16, 2016 Time: 8:18 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 539 (Public Act No. 9), being An act to amend 2008 PA 549, entitled “An act to authorize the creation of promise authorities and the implementation of promise zone development plans; to prescribe the powers and duties of promise zone authorities; to provide for the capture and disbursement of certain tax revenue; and to prescribe powers and duties of certain state and local officials,” by amending the title and sections 5, 7, 9, 11, 17, and 19 (MCL 390.1665, 390.1667, 390.1669, 390.1671, 390.1677, and 390.1679), sections 5, 7, 11, and 17 as amended by 2013 PA 210, and by adding sections 4 and 4a; and to repeal acts and parts of acts. (Filed with the Secretary of State on February 16, 2016, at 2:40 p.m.) Date: February 16, 2016 Time: 8:20 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 540 (Public Act No. 10), being An act to amend 1993 PA 331, entitled “An act to provide for the levy and collection of a state education tax; to provide for the distribution of the tax; and to prescribe the duties of certain local officials and state officers,” by amending section 5 (MCL 211.905), as amended by 2004 PA 443. (Filed with the Secretary of State on February 16, 2016, at 2:42 p.m.) No. 16] [February 17, 2016] JOURNAL OF THE SENATE 199 Date: February 16, 2016 Time: 8:22 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 328 (Public Act No. 12), being An act to amend 1935 PA 59, entitled “An act to provide for the public safety; to create the Michigan state police, and provide for the organization thereof; to transfer thereto the offices, duties and powers of the state fire marshal, the state oil inspector, the department of the Michigan state police as heretofore organized, and the department of public safety; to create the office of commissioner of the Michigan state police; to provide for an acting commissioner and for the appointment of the officers and members of said department; to prescribe their powers, duties, and immunities; to provide the manner of fixing their compensation; to provide for their removal from office; and to repeal Act No. 26 of the Public Acts of 1919, being sections 556 to 562, inclusive, of the Compiled Laws of 1929, and Act No. 123 of the Public Acts of 1921, as amended, being sections 545 to 555, inclusive, of the Compiled Laws of 1929,” by amending section 8 (MCL 28.8). (Filed with the Secretary of State on February 16, 2016, at 2:46 p.m.) Date: February 16, 2016 Time: 8:26 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 303 (Public Act No. 13), being An act to amend 1937 PA 215, entitled “An act to authorize municipalities to own or control cemetery or burial grounds; to provide for perpetual care and maintenance; to provide for endowment and perpetual care funds; and to permit municipali­ ties to authorize the creation of joint cemetery associations,” by amending section 1 (MCL 128.1), as amended by 1980 PA 366. (Filed with the Secretary of State on February 16, 2016, at 2:48 p.m.) Date: February 16, 2016 Time: 8:28 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 394 (Public Act No. 14), being An act to amend 1917 PA 167, entitled “An act to promote the health, safety and welfare of the people by regulating the maintenance, alteration, health, safety, and improvement of dwellings; to define the classes of dwellings affected by the act, and to establish administrative requirements; to prescribe procedures for the maintenance, improvement, or demolition of certain commercial buildings; to establish remedies; to provide for enforcement; to provide for the demolition of certain dwellings; and to fix penalties for the violation of this act,” by amending sections 1, 125, and 126 (MCL 125.401, 125.525, and 125.526), sections 1 and 126 as amended by 2008 PA 408. (Filed with the Secretary of State on February 16, 2016, at 2:50 p.m.) Date: February 16, 2016 Time: 8:30 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 615 (Public Act No. 15), being An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” (MCL 600.101 to 600.9947) by adding section 6094a. (Filed with the Secretary of State on February 16, 2016, at 2:52 p.m.) Respectfully, Rick Snyder Governor 200 JOURNAL OF THE SENATE [February 17, 2016] [No. 16 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Hansen as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill: House Bill No. 4980, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12f of chapter XVII (MCL 777.12f), as amended by 2014 PA 220. The bill was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 667, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 609 (MCL 436.1609), as amended by 2014 PA 353, and by adding sections 609a and 609b. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 651, entitled A bill to provide for exemption of certain property from certain taxes; to levy and collect a specific tax upon the owners of certain property; to provide for the disposition of the tax; to prescribe the powers and duties of certain local government officials; and to provide penalties. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 652, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7jj (MCL 211.7jj[1]), as amended by 2015 PA 107, and by adding section 7vv. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 653, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 51108 (MCL 324.51108), as amended by 2014 PA 146. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senator Johnson entered the Senate Chamber. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 56, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 304, 555, 821, and 8202 (MCL 600.304, 600.555, 600.821, and 600.8202), sections 304 and 555 as amended by 1996 PA 374, section 821 as amended by 2004 PA 492, and section 8202 as amended by 1996 PA 388. No. 16] [February 17, 2016] JOURNAL OF THE SENATE 201 he House of Representatives has substituted (H-1) the bill. T The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 57 Yeas—32 Bieda Hertel Kowall Robertson Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Johnson Nofs Stamas Green Jones O’Brien Warren Gregory Knezek Pavlov Young Hansen Knollenberg Proos Zorn Nays—4 Emmons Hood Hune Rocca Excused—2 Ananich Smith Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 597 Senate Bill No. 598 Senate Bill No. 569 House Bill No. 4758 Senate Bill No. 606 The motion prevailed. 202 JOURNAL OF THE SENATE [February 17, 2016] [No. 16 The following bill was read a third time: Senate Bill No. 597, entitled A bill relating to certain trusts; to provide for the powers and procedures of the court that has jurisdiction of certain trusts; to provide for the validity and effect of certain transfers and contracts that relate to certain trusts; to provide remedies; and to provide procedures to facilitate enforcement of certain trusts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 58 Yeas—36 Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Rocca Brandenburg Hood MacGregor Schmidt Casperson Hopgood Marleau Schuitmaker Colbeck Horn Meekhof Shirkey Emmons Hune Nofs Stamas Green Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Nays—0 Excused—2 Ananich Smith Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 598, entitled A bill to amend 1998 PA 434, entitled “Uniform fraudulent transfer act,” by amending sections 1, 4, and 9 (MCL 566.31, 566.34, and 566.39), section 1 as amended by 2009 PA 44. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 59 Yeas—36 Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Rocca Brandenburg Hood MacGregor Schmidt Casperson Hopgood Marleau Schuitmaker Colbeck Horn Meekhof Shirkey Emmons Hune Nofs Stamas Green Johnson O’Brien Warren No. 16] Gregory Hansen [February 17, 2016] JOURNAL OF THE SENATE Jones Knezek 203 Pavlov Young Proos Zorn Nays—0 Excused—2 Ananich Smith Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 569, entitled A bill to amend 1978 PA 30, entitled “An act to provide for the creation and use of budget stabilization funds by counties, cities, villages, and townships,” by amending section 3 (MCL 141.443). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 60 Yeas—36 Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Rocca Brandenburg Hood MacGregor Schmidt Casperson Hopgood Marleau Schuitmaker Colbeck Horn Meekhof Shirkey Emmons Hune Nofs Stamas Green Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Nays—0 Excused—2 Ananich Smith Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. 204 JOURNAL OF THE SENATE [February 17, 2016] [No. 16 The following bill was read a third time: House Bill No. 4758, entitled A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sections 132, 221, 275, 277, 278, 280, 476, 528, and 569 (MCL 280.132, 280.221, 280.275, 280.277, 280.278, 280.280, 280.476, 280.528, and 280.569), sections 275, 278, and 280 as amended by 2002 PA 406. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 61 Yeas—36 Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Rocca Brandenburg Hood MacGregor Schmidt Casperson Hopgood Marleau Schuitmaker Colbeck Horn Meekhof Shirkey Emmons Hune Nofs Stamas Green Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Nays—0 Excused—2 Ananich Smith Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to codify the laws relating to the laying out of drainage districts, the consolidation of drainage districts, the construction and maintenance of drains, sewers, pumping equipment, bridges, culverts, fords, and the structures and mechanical devices to properly purify the flow of drains; to provide for flood control projects; to provide for water management, water management districts, and subdistricts, and for flood control and drainage projects within drainage districts; to provide for the assessment and collection of taxes; to provide for the investment of funds; to provide for the deposit of funds for future maintenance of drains; to authorize public corporations to impose taxes for the payment of assessments in anticipation of which bonds are issued; to provide for the issuance of bonds by drainage districts and for the pledge of the full faith and credit of counties for payment of the bonds; to authorize counties to impose taxes when necessary to pay principal and interest on bonds for which full faith and credit is pledged; to validate certain acts and bonds; and to prescribe penalties,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 606, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2014 PA 40. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 16] Roll Call No. 62 [February 17, 2016] JOURNAL OF THE SENATE 205 Yeas—36 Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Rocca Brandenburg Hood MacGregor Schmidt Casperson Hopgood Marleau Schuitmaker Colbeck Horn Meekhof Shirkey Emmons Hune Nofs Stamas Green Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Nays—0 Excused—2 Ananich Smith Not Voting—0 In The Chair: Schuitmaker he Senate agreed to the title of the bill. T Senators Bieda, Booher, Brandenburg, Casperson, Colbeck, Emmons, Green, Gregory, Hertel, Hildenbrand, Hood, Hopgood, Horn, Hune, Johnson, Jones, Knezek, Knollenberg, Kowall, MacGregor, Marleau, Meekhof, Nofs, O’Brien, Pavlov, Proos, Robertson, Rocca, Schmidt, Schuitmaker, Stamas, Warren, Young and Zorn were named co‑sponsors of the bill. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 Senate Resolution No. 12 The motion prevailed. enate Resolution No. 121. S A resolution to memorialize the Congress of the United States to address freeze emergencies and their consequences by enacting legislation to define freeze emergencies as major disasters eligible for federal disaster relief and emergency assistance. The question being on the adoption of the resolution, The resolution was adopted. enator O’Brien offered the following resolution: S Senate Resolution No. 144. A resolution to commemorate the official recognition of the Michigan Air National Guard’s 217th Air Operations Group. Whereas, The 217th Air Operations Group of the 110th Attack Wing was formed on April 1, 2009, and immediately provided support for its state and nation both at home and abroad; and 206 JOURNAL OF THE SENATE [February 17, 2016] [No. 16 Whereas, The citizen airmen of the 217th Air Operations Group have served with distinction in Operation Juniper Micron, Operation Odyssey Dawn, Operation United Assistance, Operation Enduring Freedom, the Deepwater Horizon oil spill recovery, and numerous training events, answering the call for more than 66,700 man-days of active duty service to their community, state, and nation; and Whereas, The professionalism, diligence, and selfless service evidenced by the citizen airmen of the 217th Air Operations Group have earned a reputation for excellence that reflects great credit upon themselves, the Michigan Air National Guard, and the state of Michigan; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate February 17, 2016, as 217 Day through­ out the state of Michigan in recognition of the official activation of the 217th Air Operations Group based at the Battle Creek Air National Guard Base. We congratulate the citizen airmen of the 217th Air Operations Group on their many achievements and express our gratitude for their continued service to the people of Michigan. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Casperson, Knezek, Knollenberg, Kowall, MacGregor, Marleau, Rocca, Shirkey and Zorn were named co‑sponsors of the resolution. Introduction and Referral of Bills Senators Ananich, Zorn, Proos, Knezek, Johnson, Young, Gregory, Hertel, Bieda, Hopgood, Marleau, Rocca, Jones, Horn, Schuitmaker and Hood introduced Senate Bill No. 805, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17744b (MCL 333.17744b), as added by 2014 PA 311. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators Zorn, Ananich, Proos, Knezek, Johnson, Young, Gregory, Hertel, Bieda, Hopgood, Marleau, Rocca, Jones, Horn, Schuitmaker and Hood introduced Senate Bill No. 806, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 5 and 1178 (MCL 380.5 and 380.1178), section 5 as amended by 2011 PA 232 and section 1178 as amended by 2013 PA 187, and by adding sec­ tion 1179b. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senator Young introduced Senate Bill No. 807, entitled A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending section 2 (MCL 205.422), as amended by 2012 PA 188. The bill was read a first and second time by title and referred to the Committee on Finance. Senator Schuitmaker introduced Senate Bill No. 808, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811uu. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 4418, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2012 PA 522. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Transportation. No. 16] [February 17, 2016] JOURNAL OF THE SENATE 207 House Bill No. 4634, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2015 PA 174. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Transportation. Committee Reports COMMITTEE ATTENDANCE REPORT he Committee on Government Operations submitted the following: T Meeting held on Tuesday, February 16, 2016, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Meekhof (C), Hansen, Kowall, Ananich and Hood COMMITTEE ATTENDANCE REPORT he Subcommittee on Health and Human Services submitted the following: T Meeting held on Tuesday, February 16, 2016, at 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Marleau (C), MacGregor, Proos, Shirkey, Hansen, Gregory and Hertel Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesdays, February 23, March 1, March 8, March 15, and March 22, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Community Colleges - Tuesday, February 23, 9:15 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building; Friday, March 18, 1:00 p.m., Kirtland Community College, Rooms 251-252, Administration Building, 10775 N. Saint Helen Road, Roscommon; and Wednesday, March 23, 9:00 a.m., Room 100, Farnum Building (373-2768) General Government - Thursdays, February 18, February 25, and March 3, 8:30 a.m., Room 100, Farnum Building (373-2768) Health and Human Services - Tuesdays, February 23 and March 1, 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower; Thursday, March 3, 1:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building; Tuesday, March 8, 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower; and Thursday, March 10, 1:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Higher Education and House Higher Education Appropriations Subcommittee - Thursday, February 25, 1:00 p.m. or later after committees are given leave by the House to meet, House Appropriations Room, 3rd Floor, Capitol Build­ ing; Monday, February 29, 1:00 p.m., Curtiss Hall, Conference Rooms B and C, Saginaw Valley State University, 7400 Bay Road, University Center; and Wednesday, March 2, 3:00 p.m. or later after committees are given leave by the House to meet, House Appropriations Room, 3rd Floor, Capitol Building (373-2768) State Police and Military Affairs - Tuesdays, February 23, March 1, March 8, and March 15, 8:30 a.m., Rooms 402 and 403; March 22, 8:30 a.m., Room 405; and May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursday, February 18, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Transportation - Thursday, February 18, 8:30 a.m., Room 210, Farnum Building (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:28 a.m. 208 JOURNAL OF THE SENATE [February 17, 2016] [No. 16 The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, February 18, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 17 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Thursday, February 18, 2016. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—excused Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 210 JOURNAL OF THE SENATE [February 18, 2016] [No. 17 enator John M. Proos of the 21st District offered the following invocation: S Heavenly Father, we come before You today in this Senate Chamber as men and women humbled by the many blessings that You have bestowed on each of us as Your children. You so richly give when in reality we are Your broken children. Father, in this Lenten season, give us the strength and fortitude to repent and seek Your forgiveness for those times that we have taken Your limitless gifts for granted. In today’s gospel reading from Matthew 7:7-12, You remind us all what Your Son Jesus said to Your disciples: “Ask, and it will be given to you; knock, and the door will be opened to you. For everyone who asks receives, the one who seeks finds, and the one who knocks the door will be opened.” Further down, it says, “Do unto others whatever you would have them do to you.” This is our opportunity today, Lord, as we pray as one to ask You for the guidance to serve the people of Michigan with the Golden Rule in mind: To do to others as we would have them do to us. Lord, we ask for Your blessing on the people of Michigan, Your protection for those who are in harm’s way, and to continue to bless our great state of Michigan and our United States of America. We pray this through our Lord Jesus Christ, Your Son, who lives and reigns with You in the unity of the Holy Spirit; one God, forever and ever. Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Hood moved that Senator Johnson be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Ananich be excused from today’s session. S The motion prevailed. enator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Jones admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. The following communication was received: Wayne County Airport Authority February 12, 2016 lease find enclosed a copy of our 2015 Audited Financial Statements per the requirements of Public Act 90 of 2002. P If you have any questions, please contact me at (734) 247-6775. Sincerely, Marge Basrai, CPA, CGMA Controller Marge.basrai@wcaa.us The communication was referred to the Secretary for record. The following communications were received: Office of Senator Tom Casperson February 16, 2016 ursuant to Senate Rule 1.110 I respectfully request that my name be added as a co‑sponsor of SB 15. P Thank you for your attention to this request. February 16, 2016 ursuant to Senate Rule 1.110 I respectfully request that my name be removed as a co‑sponsor of SB 679. P Thank you for your attention to this request. Sincerely, Tom Casperson State Senator 38th District The communications were referred to the Secretary for record. No. 17] [February 18, 2016] JOURNAL OF THE SENATE 211 The Secretary announced that the following bills were printed and filed on Wednesday, February 17, and are available at the Michigan Legislature website: Senate Bill Nos. 805 806 807 808 House Bill Nos. 5378 5379 5380 Messages from the Governor The following messages from the Governor were received and read: February 1, 2016 I respectfully submit to the Senate the following appointment to office: Self-Insurers’ Security, Second Injury Fund, Silicosis, Dust Disease, and Logging Industry Compensation Fund Board of Trustees Lee Anne L. Fontaine of 2110 Waite Avenue, Kalamazoo, Michigan 49008, county of Kalamazoo, representing the insurance industry, succeeding Michael Reid, is appointed for a term expiring April 30, 2018. February 8, 2016 I respectfully submit to the Senate the following appointments to office: State 9-1-1 Committee Walter Bawol of 6855 Lakeview Boulevard, Saint Helen, Michigan 48656, county of Roscommon, representing the general public, succeeding Donald Welch, is appointed for a term expiring December 31, 2017. Yvette Collins of 312 Drive, Lansing, Michigan 48912, county of Ingham, representing commercial mobile radios, succeed­ ing herself, is reappointed for a term expiring December 31, 2017. February 8, 2016 I respectfully submit to the Senate the following appointment to office: State Historical Records Advisory Board James K. Cameron of 210 Detroit Street, Saline, Michigan 48176, county of Washtenaw, succeeding himself, is reappointed for a term expiring December 31, 2019. February 8, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Humanities Council Jody Egen of 720 O’Brien Street, Monroe, Michigan 48161, county of Monroe, succeeding herself, is reappointed for a term expiring December 31, 2018. Miranda C. Krajniak of 311 Cherry Street, Apt. 2, Grand Rapids, Michigan 49503, county of Kent, succeeding herself, is reappointed for a term expiring December 31, 2018. Margaret F. Stephanak of 10725 Cora Drive, Portage, Michigan 49002, county of Kalamazoo, succeeding Dean Bach, is appointed for a term expiring December 31, 2018. Steven M. Wilson of 39 Prospect Street, S.E., Grand Rapids, Michigan 49503, county of Kent, succeeding himself, is reappointed for a term expiring December 31, 2018. February 8, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Council for Rehabilitation Services Elaine Wood of 451 N. Madison Street, Traverse City, Michigan 49684, county of Grand Traverse, representing the Governor’s Talent Investment Board, filling a vacancy, is appointed for a term expiring December 31, 2018. Michael Poyma of 1207 Berkshire Drive, Williamston, Michigan 48895, county of Ingham, representing disability advocacy groups, succeeding himself, is reappointed for a term expiring December 31, 2018. Anne Riddering of 22536 Brookforest Drive, Novi, Michigan 48375, county of Oakland, representing business, industry, or labor, succeeding herself, is reappointed for a term expiring December 31, 2018. Brian Sabourin of 4805 Hidden Pines Court, Midland, Michigan 48640, county of Midland, representing the client assis­ tance program described under Section 112 of the Rehabilitation Act of 1973, succeeding himself, is reappointed for a term expiring December 31, 2018. February 8, 2016 I respectfully submit to the Senate the following appointment to office: State Survey and Remonumentation Commission Roland F. Self of 4375 David Highway, Saranac, Michigan 48881, county of Ionia, representing the general public, suc­ ceed­ing himself, is reappointed for a term expiring October 20, 2019. 212 JOURNAL OF THE SENATE [February 18, 2016] [No. 17 February 9, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Task Force on Physician’s Assistants Sara J. Basso of 2017 Ponozzo Road, Iron River, Michigan 49935, county of Iron, representing the general public, succeed­ ing herself, is reappointed for a term expiring December 31, 2019. William C. Palazzolo of 7388 Ridge Line Circle, Dexter, Michigan 48130, county of Washtenaw, representing physician assistants, succeeding himself, is reappointed for a term expiring December 31, 2019. James D. Rogers of 4612 Arthur Court, Williamsburg, Michigan 49690, county of Grand Traverse, representing the Board of Medicine, succeeding himself, is reappointed for a term expiring December 31, 2019. February 11, 2016 I respectfully submit to the Senate the following appointments to office: State Historic Preservation Review Board Brian Rebain of 779 Seminole Drive, Detroit, Michigan 48214, county of Wayne, representing historical architecture, succeeding Ronald Staley, is appointed for a term expiring December 31, 2019. Grace A. Smith of 200 E. Division Street, Rockford, Michigan 49341, county of Kent, representing historic preservation architecture, succeeding Elisabeth Knibbe, is appointed for a term expiring December 31, 2019. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. The following message from the Governor was received and read: February 16, 2016 lease be advised of the following corrected appointment to office. The correction is in bold type and was filed with your P office on November 16, 2015, and dated October 30, 2015. Health Endowment Fund Board Cynthia Ann Estrada of 11333 Dunlavy Lane, Whitmore Lake, Michigan 48189, county of Livingston, designee of the Senate Minority Leader, succeeding herself, is reappointed for a term expiring October 1, 2019. Susan Mary Jandernoa of 8805 Olive Shore, West Olive, Michigan 49460, county of Ottawa, designee of the Speaker of the House, succeeding herself, is reappointed for a term expiring October 1, 2019. Sincerely, Rick Snyder Governor The message was referred to the Committee on Government Operations. The President, Lieutenant Governor Calley, assumed the Chair. Senators Young, Jones and Hertel asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Young’s statement is as follows: I have a very sad but also very optimistic announcement. My wonderful, incredible, awesome, tremendous, fabulous, spec­ tacular, brilliant as she is gorgeous, treasure, masterpiece, legislative genius extraordinaire, my Legislative Director Diontrae Hayes is leaving me. Unbelievable. I feel like jumping through the wall and saying, “Where do you think you’re going? You’re not going anywhere.” We have been through it all. We have been through good times, and we have been through bad times. She has always kept me in the know. She has always told me what she thought. If it was a great idea, she said, “Yeah.” If she didn’t like it, she said, “It’s bad, don’t do it.” I am so incredibly sad that she is leaving, but at the same time, I am so incredibly excited for Lansing because I know you are going to do great things. I know minds will not be able to comprehend, eyes will not be able to see, mouths will not be able to speak, ears will not be able to hear the wonderful things that Diontrae Hayes has in store for the great people of Lansing. You have lit up my office. You have expanded my view. You have transformed my entire perception of what government is, and you have made it so much easier for me to be able to serve the people and do my job. Words cannot express what you have contributed to my office. I am so proud of you. I wish you well. This is so incredibly sad, but at the same time, I just want to say that I know that you are destined for great things. Go out there, fight, never give up, never surrender, and always be in the battle. You are destined for nothing but the best. Whatever I can do, please let me know. I am proud of you. Congratulations, I know you’re going to do a great job as Lansing Township supervisor. I love you and I will miss you. No. 17] [February 18, 2016] JOURNAL OF THE SENATE 213 enator Jones’ statement is as follows: S Today, along with Senator Hertel, I would like to present Senate Resolution No. 143 to the General Motors Lansing Grand River Assembly Plant for their recent awards and achievements. Accepting this resolution today are Lansing Regional Plant Manager Mike Trevorrow, Lansing Regional Personnel Director Shawn Davis, Local UAW 652 President Mike Green, and Local UAW Chairman Ted Krumm. In 2013, they achieved North American Car of the Year for the Cadillac ATS; in 2014, they received Motor Trend Car of the Year for the Cadillac CTS Sedan; and in 2016, Motor Trend Car of the Year for the Chevy Camaro—we took it back from Canada. General Motors recently announced that this plant will be adding a third shift and hiring 500 employees to keep up with the demand for the Camaro. This plant, along with the Delta Township plant, makes the finest cars in the world. There is no reason to not buy American. Please join me in honoring the accomplishments of the Lansing Grand River Assembly Plant and its workers for their commitment to Michigan’s legacy as a leader in the automotive industry. enator Hertel’s statement is as follows: S I want to say to all my colleagues how proud I am that here in Michigan, we make the best cars in the world. We use the best company in the world and, most importantly, the best workers in the world. We should all be proud of what has been accomplished here in Michigan, and most importantly, in Rick’s and my districts. Thank you to all of you. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 Senate Resolution No. 12 The motion prevailed. enators Hildenbrand, Schuitmaker and MacGregor offered the following resolution: S Senate Resolution No. 145. A resolution to designate February 18, 2016, as Conductive Education Day. Whereas, Conductive education (CE) was developed over sixty years ago in Hungary by Dr. András Petö; and Whereas, CE is a unique teaching system that maximizes the independence and mobility of children and adults with neuromotor disabilities, such as stroke survivors and those with cerebral palsy, multiple sclerosis, acquired brain injuries, Parkinson’s disease, and spina bifida; and Whereas, CE operates from a core belief in neuroplasticity, the lifelong ability of the brain to reorganize neural path­ ways based on new experiences, and on the premise that no matter how severe the disability, people can learn and improve when they are motivated; and Whereas, CE has the potential to make a significant, life-changing impact on the mobility and independence of close to 9 million people in the United States and Canada; and Whereas, CE helps individuals learn their way to independence; now, therefore, be it Resolved by the Senate, That the members of this legislative body recognize February 18, 2016, as Conductive Education Day in the state of Michigan. We encourage support for this important program that increases the independence of people with disabilities in our community; and be it further Resolved, That a copy of this resolution be transmitted to the Association for Conductive Education in North America with our highest esteem. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Emmons, Hansen, Hertel, Knezek, Knollenberg, Marleau and Proos were named co‑sponsors of the resolution. Senator Hildenbrand asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. 214 JOURNAL OF THE SENATE [February 18, 2016] [No. 17 enator Hildenbrand’s statement is as follows: S Today I ask for your support of Senate Resolution No. 145, a resolution designating today, February 18, as Conductive Education Day in the state of Michigan. I have a special guest in the east Gallery as well whom I will recognize in a moment. First, I would like to explain a little bit about conductive education. The Conductive Learning Center in Grand Rapids serves children from birth to age 26 who have motor disorders related to complications from prematurity, cerebral palsy, spina bifida, or brain injury. For these children with motor disorders, even the smallest task like eating, buttoning a shirt, or sitting in a chair can be monumental. The Conductive Learning Center is an amazing place that I have had the opportunity to visit several times throughout the years. They do amazing work. People come from all over the country with their children to take advantage of their great service and programming. In the east Gallery, with us is Karen Mueller O’Neill, the executive director of the center. Please help me welcome her and thank her for all she and her team do at the Conductive Learning Center in Grand Rapids. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Hertel as Chairperson. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4727, entitled A bill to amend 1959 PA 259, entitled “Tall structure act,” by amending sections 1, 2a, 2d, 6, and 7 (MCL 259.481, 259.482a, 259.482d, 259.486, and 259.487), sections 1, 6, and 7 as amended and sections 2a and 2d as added by 1986 PA 296, and by adding section 2f. House Bill No. 4888, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 24 (MCL 211.24), as amended by 2012 PA 409. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendments, the following bill: Senate Bill No. 566, entitled A bill to provide protection from civil liability for individuals who take certain actions to prevent harm to minors or animals. The following are the amendments recommended by the Committee of the Whole: 1. Amend page 2, line 10, after “before” by inserting “or after”. 2. Amend page 2, following line 25, by inserting: “Enacting section 1. This act takes effect 90 days after the date it is enacted into law.”. The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Messages from the House Senator Johnson entered the Senate Chamber. Senate Bill No. 176, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending the title and sections 20d, 212, 304, 319, 625k, 625l, and 732a (MCL 257.20d, 257.212, 257.304, 257.319, 257.625k, 257.625l, and 257.732a), the title as amended by 2013 PA 231, section 20d as added by 2008 PA 462, sections 212 and 319 as amended by 2015 PA 11, section 304 as amended by 2013 PA 226, sections 625k and 625l as amended by 2008 PA 461, and section 732a as amended by 2014 PA 250, and by adding section 625q. The House of Representatives has substituted (H-1) the bill. No. 17] [February 18, 2016] JOURNAL OF THE SENATE 215 The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 63 Yeas—35 Bieda Hood Booher Hopgood Brandenburg Horn Casperson Hune Emmons Johnson Green Jones Hansen Knezek Hertel Knollenberg Hildenbrand Kowall MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Smith O’Brien Stamas Pavlov Warren Proos Young Robertson Zorn Rocca Nays—2 Colbeck Gregory Excused—1 Ananich Not Voting—0 In The Chair: O’Brien The President, Lieutenant Governor Calley, resumed the Chair. he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 357, entitled A bill to amend 1974 PA 300, entitled “Motor vehicle service and repair act,” by amending sections 2 and 10 (MCL 257.1302 and 257.1310), section 2 as amended by 1988 PA 254 and section 10 as amended by 2000 PA 366, and by adding sections 6a and 10a. The House of Representatives has amended the bill as follows: 1. Amend page 5, line 23, after “(1)” by striking out “AN” and inserting “SUBJECT TO SUBSECTION (3), AN”. 2. Amend page 6, line 14, by striking out all of subdivision (J) and inserting: “(J) BAIID SERVICE.”. 216 JOURNAL OF THE SENATE [February 18, 2016] [No. 17 3. Amend page 6, following line 19, by inserting: “(3) ON APPLICATION, THE DEPARTMENT SHALL ISSUE AN INITIAL SPECIALTY MECHANIC’S CERTIFICATE IN BAIID SERVICE, WITHOUT EXAMINATION, TO AN INDIVIDUAL WHO HOLDS A VALID SPECIALTY MECHANIC’S CERTIFICATE IN ELECTRICAL SYSTEMS REPAIR ON THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION.” and renumbering the remaining subsections. The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the amendments made to the bill by the House, The amendments were concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 64 Yeas—35 Bieda Hood Booher Hopgood Brandenburg Horn Casperson Hune Emmons Johnson Green Jones Hansen Knezek Hertel Knollenberg Hildenbrand Kowall MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Smith O’Brien Stamas Pavlov Warren Proos Young Robertson Zorn Rocca Nays—2 Colbeck Gregory Excused—1 Ananich Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 554, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16206. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. No. 17] [February 18, 2016] JOURNAL OF THE SENATE 217 Senate Bill No. 555, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 210 (MCL 339.210). The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 65 Yeas—37 Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Ananich Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 588, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43516 (MCL 324.43516), as amended by 2013 PA 108. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. The Assistant President pro tempore, Senator O’Brien, resumed the Chair. 218 JOURNAL OF THE SENATE [February 18, 2016] [No. 17 Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 667 House Bill No. 4980 Senate Bill No. 651 Senate Bill No. 652 Senate Bill No. 653 The motion prevailed. The following bill was read a third time: Senate Bill No. 667, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 609 (MCL 436.1609), as amended by 2014 PA 353, and by adding sections 609a and 609b. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 66 Yeas—37 Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Ananich Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4980, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12f of chapter XVII (MCL 777.12f), as amended by 2014 PA 220. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 17] Roll Call No. 67 [February 18, 2016] JOURNAL OF THE SENATE 219 Yeas—37 Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Ananich Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 651, entitled A bill to provide for exemption of certain property from certain taxes; to levy and collect a specific tax upon the owners of certain property; to provide for the disposition of the tax; to prescribe the powers and duties of certain local government officials; and to provide penalties. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 220 JOURNAL OF THE SENATE [February 18, 2016] Roll Call No. 68 [No. 17 Yeas—37 Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Ananich Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 652, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7jj (MCL 211.7jj[1]), as amended by 2015 PA 107, and by adding section 7vv. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 69 Yeas—37 Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 No. 17] [February 18, 2016] JOURNAL OF THE SENATE 221 Excused—1 Ananich Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 653, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 51108 (MCL 324.51108), as amended by 2014 PA 146. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 70 Yeas—37 Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Ananich Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senators MacGregor, O’Brien, Knezek, Zorn, Gregory, Nofs, Hildenbrand, Green and Emmons introduced Senate Bill No. 809, entitled A bill to create the office of the Michigan veterans’ facility ombudsman; and to prescribe the powers and duties of the office, the ombudsman, the legislative council, and the department of military and veterans affairs. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. 222 JOURNAL OF THE SENATE [February 18, 2016] [No. 17 Senators Warren, Gregory, Young, Bieda and Hertel introduced Senate Bill No. 810, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 2 and 2a (MCL 28.422 and 28.422a), section 2 as amended by 2015 PA 200 and section 2a as amended by 2016 PA 6. The bill was read a first and second time by title and referred to the Committee on Judiciary. Statements Senator Young asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Young’s statement is as follows: Madam President, I would like to start with a quote. New York Senator Chuck Schumer has the right attitude when it comes to teachers. He said, “I think teaching should be an exalted profession, not a picked-on profession.” Let’s be clear: Teachers are getting picked on, especially in this state. We have a group of teachers in Detroit working hard under increasingly adverse conditions. Because they have to resort to extreme measures to advocate for their students’ safety, my colleagues on the other side of the aisle have fixated almost exclusively on punitive rather than innovative solutions. This is all too apparent in the plan the House GOP released yesterday. They say they’re focused on giving kids a quality education and a chance for a better future, but they’re trying to do that by reducing teacher benefits and stripping their First Amendment rights to collectively bargain. Instead of providing a comprehensive facilities plan or addressing the atrocious building conditions that prompted sick-outs, their plan just wants to make it harder to speak up. I’m not sure how that is going to attract new talent or retain quality teachers, especially given the shortage that Detroit is facing now. I get it that money matters. While fiscal solvency is important and while I think we all want to make sure that districts get paid for quality education without burdening the rest of the state, we can’t simply just focus on the balance sheet. That’s what this plan does. It puts cash over kids. It puts profits over people and it’s wrong. I have teachers in my district who are teaching in schools with black mold, with mushrooms growing out of the floor, and with human fecal matter. Human fecal matter, Madam President, can you imagine that? You are a teacher trying to shape the brightest and smartest young minds, and the basic test of providing an environmentally-safe place for children to learn in is being failed miserably. It is wrong and it has to stop. This plan will keep the district under state control for another eight years under the guise of fiscal oversight. We all know how well that has worked for the past 15 years. That’s a joke, because it didn’t work out. It sucked and was terrible. Instead of proposing a reliable revenue stream going forward, as my colleague from the 6th District has done, they want to earmark loophole money from the General Fund. That money, I might add, my colleague from the 27th District would like to use to save the people of Flint. We need a plan that listens to teachers, parents, and students, one that tackles wrap-around services, saves reliable transportation to and from school, overcrowding, and provides a foundation for academic excellence. This plan does none of that. We need to step back from determining academic standards because we can’t just impose a grading system on one school district without imposing them statewide. It is just not fair. The bottom line is that if we don’t put together a comprehensive plan before April, the district will go bankrupt, and everyone will suffer. We need to be responsible, and we need to stop wasting time with outlandish plans. Committee Reports The Committee on Judiciary reported House Bill No. 4321, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 25c. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson No. 17] [February 18, 2016] JOURNAL OF THE SENATE 223 To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4353, entitled A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” by amending section 1 (MCL 287.331), as amended by 1997 PA 7, and by adding section 8c. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4355, entitled A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” (MCL 287.331 to 287.340) by adding section 8b. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4747, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5821 (MCL 600.5821), as amended by 1988 PA 35. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, February 16, 2016, at 3:00 p.m., Rooms 402 and 403, Capitol Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda 224 JOURNAL OF THE SENATE [February 18, 2016] [No. 17 The Committee on Health Policy reported House Bill No. 4812, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17702, 17704, and 17755 (MCL 333.17702, 333.17704, and 333.17755), sections 17702 and 17704 as amended by 2014 PA 280. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Tuesday, February 16, 2016, at 12:30 p.m., Rooms 402 and 403, Capitol Building Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood The Committee on Banking and Financial Institutions reported Senate Bill No. 656, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 901 (MCL 339.901), as amended by 2014 PA 560. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Darwin L. Booher Chairperson To Report Out: Yeas: Senators Booher, O’Brien, Nofs, MacGregor, Rocca, Hertel and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Banking and Financial Institutions reported Senate Bill No. 657, entitled A bill to amend 1981 PA 70, entitled “An act to regulate the collection practices of certain persons; to provide for the powers and duties of certain state agencies; and to provide penalties and civil fines,” by amending section 1 (MCL 445.251). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Darwin L. Booher Chairperson To Report Out: Yeas: Senators Booher, O’Brien, Nofs, MacGregor, Rocca, Hertel and Young Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Banking and Financial Institutions submitted the following: T Meeting held on Tuesday, February 16, 2016, at 2:30 p.m., Room 405, Capitol Building Present: Senators Booher (C), O’Brien, Nofs, Zorn, MacGregor, Rocca, Hertel and Young The Committee on Finance reported Senate Bill No. 732, entitled A bill to amend 1895 PA 1, entitled “An act to provide for the incorporation of Masonic Associations; and to impose certain duties upon the department of commerce,” (MCL 457.221 to 457.227) by adding section 4a. No. 17] [February 18, 2016] JOURNAL OF THE SENATE 225 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 4817, entitled A bill to establish the Michigan junior achievement fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appro­ priations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 4818, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2013 PA 92. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 4887, entitled A bill to amend 2000 PA 161, entitled “Michigan education savings program act,” by amending section 9 (MCL 390.1479), as amended by 2007 PA 153. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Finance submitted the following: T Meeting held on Tuesday, February 16, 2016, at 2:30 p.m., Room 210, Farnum Building Present: Senators Brandenburg (C), Robertson, Knollenberg, Casperson, Proos, Bieda and Warren 226 JOURNAL OF THE SENATE [February 18, 2016] [No. 17 The Committee on Outdoor Recreation and Tourism reported Senate Bill No. 672, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5109 (MCL 700.5109), as added by 2011 PA 61. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Goeffrey M. Hansen Chairperson To Report Out: Yeas: Senators Hansen, Zorn, Schmidt and Green Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Outdoor Recreation and Tourism submitted the following: T Meeting held on Wednesday, February 17, 2016, at 12:30 p.m., Room 110, Farnum Building Present: Senators Hansen (C), Zorn, Schmidt, Green and Johnson The Committee on Appropriations reported Senate Bill No. 729, entitled A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 11 (MCL 46.11), as amended by 2012 PA 15. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, February 17, 2016, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Build­ ing Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young COMMITTEE ATTENDANCE REPORT he Subcommittee on K-12, School Aid, Education submitted the following: T Meeting held on Wednesday, February 17, 2016, at 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Build­ ing Present: Senators Hansen (C), Pavlov and Hopgood COMMITTEE ATTENDANCE REPORT he Subcommittee on Corrections submitted the following: T Meeting held on Wednesday, February 17, 2016, at 12:30 p.m., Room 405, Capitol Building Present: Senators Proos (C), Knollenberg and Gregory No. 17] [February 18, 2016] JOURNAL OF THE SENATE 227 COMMITTEE ATTENDANCE REPORT he Subcommittee on General Government submitted the following: T Meeting held on Thursday, February 18, 2016, at 8:30 a.m., Room 110, Farnum Building Present: Senators Stamas (C), Nofs, Booher and Young COMMITTEE ATTENDANCE REPORT he Subcommittee on Transportation submitted the following: T Meeting held on Thursday, February 18, 2016, at 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Build­ ing Present: Senators Hansen (C), Knollenberg and Young Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesdays, February 23, March 1, March 8, March 15, and March 22, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Community Colleges - Tuesday, February 23, 9:15 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building; Friday, March 18, 1:00 p.m., Kirtland Community College, Rooms 251-252, Administration Building, 10775 N. Saint Helen Road, Roscommon; and Wednesday, March 23, 9:00 a.m., Room 100, Farnum Building (373-2768) General Government - Thursdays, February 25 and March 3, 8:30 a.m., Room 100, Farnum Building (373-2768) Health and Human Services - Tuesdays, February 23 and March 1, 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower; Thursday, March 3, 1:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building; Tuesday, March 8, 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower; and Thursday, March 10, 1:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Higher Education and House Higher Education Appropriations Subcommittee - Thursday, February 25, 1:00 p.m. or later after committees are given leave by the House to meet, House Appropriations Room, 3rd Floor, Capitol Build­ ing; Monday, February 29, 1:00 p.m., Curtiss Hall, Conference Rooms B and C, Saginaw Valley State University, 7400 Bay Road, University Center; and Wednesday, March 2, 3:00 p.m. or later after committees are given leave by the House to meet, House Appropriations Room, 3rd Floor, Capitol Building (373-2768) State Police and Military Affairs - Tuesdays, February 23, March 1, March 8, and March 15, 8:30 a.m., Rooms 402 and 403; March 22, 8:30 a.m., Room 405; and May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursdays, February 25, March 3, March 10, March 17, and March 24, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Local Government - Tuesday, February 23, 12:30 p.m., Room 100, Farnum Building (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:02 a.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Tuesday, February 23, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 228 No. 18 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Tuesday, February 23, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—excused Stamas—present Warren—present Young—present Zorn—present 230 JOURNAL OF THE SENATE [February 23, 2016] [No. 18 he Most Reverend Steven Raica, Bishop of the Roman Catholic Diocese of Gaylord, offered the following invocation: T O God, Father of all, we thank You for giving us the splendor of a new day. As we look around us, the magnificent beauty of our pleasant peninsulas reflects Your love and affection for us. Through our work for the good of all, help us to care for our common home. May this Water Winter Wonderland that is dear to us be preserved for the benefit of future generations. We pray for the women and men of this Senate. May they be imbued with wisdom, knowledge, and understanding to represent their constituents. Through dialogue, hearings, and debates, may the issues before us reach a consensus echoing the respect for the inestimable dignity of all, the protection of the vulnerable, and honorable and timely solutions to ensure the health and welfare of the citizens of Michigan. Thus, may the aspirations and dreams, liberty, and justice for our brothers and sisters be realized. We pray for Your blessing, Lord, as we undertake our daily work. May all we accomplish be done for Your greater honor and glory. Begging that Your Spirit renew the face of the earth and each of us, we ask this through Christ our Lord. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senators Green and Nofs be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Knezek be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Smith be excused from today’s session. S The motion prevailed. The following communications were received and read: Office of the Auditor General February 18, 2016 nclosed is a copy of the following audit report: E • Performance audit report on the Medical Waste, Scrap Tire, and Solid Waste Programs, Department of Environmental Quality. February 19, 2016 nclosed is a copy of the following audit report: E • Performance audit report on the Grand Rapids Home for Veterans, Michigan Veterans Affairs Agency, Department of Military and Veterans Affairs. Sincerely, Doug Ringler Auditor General The audit reports were referred to the Committee on Government Operations. The following communication was received: Department of State Police January 20, 2016 nclosed is a copy of the Concealed Pistol License (CPL) Annual Report as required by Public Act 372 of 1927, as amended E within Public Act Number 3 of 2015. This report details the CPL activity between October 1, 2014, and September 30, 2015. All previous reports covered July 1 through June 30 of the corresponding years. Below is a summary of the activity for the last ten years: Applications # of Criminal Year Received Total Approved Violations Violations/Convictions 2005-2006 40,238 36,754 548 2006-2007 22,403 23,790 938 2007-2008 33,411 26,578 1,319 2008-2009 73,105 66,446 1,292 2009-2010 90,808 86,661 1,005 - No. 18] [February 23, 2016] JOURNAL OF THE SENATE 231 2010-2011 84,827 87,637 2,711 2011-2012 82,347 78,721 2,997 2012-2013 129,900 118,025 3,040 2013-2014 115,601 115,990 4,421 2014-2015 121,682 120,548 -      2,718 Due to a statutory change in the reporting requirements, only convictions by CPL holders are reported in this report. Therefore, the number of convictions, shown in the last column, is significantly less than the number of criminal violations reported in previous years, which included both pending and dismissed charges. If you have any questions regarding the information in this report, please feel free to contact the Michigan State Police, Concealed Pistol License Unit at (517) 241-1917. Sincerely, Kriste Etue Director The communication was referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Thursday, February 18: House Bill Nos. 4651 5132 5133 The Secretary announced the enrollment printing and presentation to the Governor on Friday, February 19, for his approval the following bill: Enrolled Senate Bill No. 503 at 11:02 a.m. The Secretary announced that the following bills were printed and filed on Thursday, February 18, and are available at the Michigan Legislature website: Senate Bill Nos. 809 810 House Bill Nos. 5381 5382 5383 5384 5385 5386 5387 5388 5389 5390 5391 Senators Green and Nofs entered the Senate Chamber. Senators O’Brien and Nofs asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator O’Brien’s first statement is as follows: We rise today with very heavy hearts after an unspeakable tragedy occurred in Kalamazoo County on Saturday night. The shooter was arraigned yesterday for the killing of six people and wounding two others in a series of shootings that began Saturday evening and went early into Sunday morning. On Saturday night, Tiana Carruthers was shot multiple times in a parking lot at her townhome in Richland Township. She is credited with saving the lives of the children who were all playing in the yard. She is still hospitalized in critical condition but is expected to live. A second shooting occurred in the city of Kalamazoo that killed both Richard Smith and his son Tyler while they were looking for a car at a car lot. A third shooting happened in Texas Township at the Cracker Barrel where Mary Jo Nye, Dorothy Brown, Barbara Hawthorne, and Mary Lou Nye were all fatally shot. Additionally, Abigail Kopf, a 14-year-old, was also shot but is still fighting for her life and we are standing with her and hoping for a quick and full recovery. Also surviving is Tyler’s girlfriend, who witnessed the shootings at the car lot, unbeknownst to the shooter. Her heroic 9-1-1 call allowed police to track down the murderer and connect all the shootings. It has been a tragedy that the people who came to my community were brutally killed and injured while doing activities that you and I normally do. The impact of these shootings was not just felt in Kalamazoo County. Standing behind me are other Senators who have victims who were killed in the shootings. I am grateful for the amazing work of our law enforce­ ment officers who acted quickly to keep the public safe and to stop additional violence. We had great coordination between the Kalamazoo Department of Public Safety, the Kalamazoo County Sheriff’s Office, and the Michigan State Police. My thoughts and prayers are with the victims, their friends and families, the public safety officers, elected officials, and all the residents of Kalamazoo County and the entire Southwest Michigan region as we lost some of our own. There is no explanation for the events that occurred. The shooter may have done this to weaken our community, but he did not win. Rather, our community has shone through this darkness. We are celebrating the lives of the innocent people. We are rallying together, and we will be stronger. I am surrounded by my colleagues, all of whom had constituents who were victims, and I know that some of them would like to speak. 232 JOURNAL OF THE SENATE [February 23, 2016] [No. 18 enator Nofs’ statement is as follows: S Thank you Senator and thank you everyone for giving us the time today to talk about this tragic incident. It is with an extremely heavy heart that I rise to honor three citizens from my community who lost their lives on Saturday evening. My prayers go out to the victims of this tragedy and their families, as well as a special prayer for the 14-year-old young lady who went to school in my district and is still fighting for her life in Bronson Hospital. May God comfort them all and bring them strength in this difficult time in their lives. Among those we lost was an individual who regularly contacted my office to share professional and personal insight on the many education issues that we have grappled with here in the state on a daily basis. The Battle Creek community is in pain today as we have been over the last weekend, but I can assure you we will continue to honor the memory of those involved, support justice for their families, and pray for the young lady still fighting every minute of every day to stay alive. If there is anything good that came out of this, it was the extraordinary law enforcement services. Being in law enforce­ ment for 30 years myself, we had the local police department, the Sheriff’s Department, and the Michigan State Police, who did just a great job. It’s called the Unified Command. There were three different scenes. The first scene was handled by the Kalamazoo County Sheriff’s Department at the apartment complex. The Department of Public Safety of Kalamazoo did a great job at the second call of the random shooting at the dealership near Western Michigan University. The third scene, several minutes later, was where the four people passed away from my community at the Cracker Barrel on I-94 out in Texas Township. It is just so extraordinary how they all coordinated. One of the worst events that a police officer or police department or community can ever have to deal with is the unknown, when someone is out there randomly picking anybody without any discretion, without any rhyme or reason, kills them and takes their lives, and he or she is still out there. Those three law enforcement agencies coordinated so well and got the information out. I want to give kudos to the local TV station, WWMT Channel 3 in Kalamazoo who stayed on air continuously, giving us information as a community on what to expect and what the latest information was; as well as all the individuals who used social media to help spread the information and tried to alert everybody that some random killings were going on, and it still wasn’t over. With that, we as a community and a state are blessed for such great local police departments, sheriff’s departments, and the Michigan State Police who came together within hours to capture this individual in downtown Kalamazoo in a parking lot of a local bar. I want to thank all those men and women who helped in this extraordinary event to keep us all safe, as they do each and every day. We should never forget them in our prayers, especially recently as they have been attacked in different instances around the United States. These men and women are out there every day giving their lives to protect us and doing a great job. I just want to commend them. The impact of this act of senseless violence is shared by all Michiganders—Republicans, Democrats, young, old—and our message to the city of Kalamazoo and to the families of the victims is clear: We stand with you, and we are here for you each and every day as you go forward. enator O’Brien’s second statement is as follows: S I would like to repeat the names of the victims one more time. Richard Smith and his 17-year-old son who lived in Kalamazoo County and went to school in Van Buren County, Tyler Smith; Mary Jo Nye, Dorothy Brown, Barbara Hawthorne, all of Battle Creek; Mary Lou Nye of Baroda in Senator Proos’ district. Fighting for her life is Abigail Kopf, a 14-year-old from Calhoun County. Tiana Carruthers from Kalamazoo County also survived. Witnessing but uninjured is Tyler’s girlfriend, who also attends high school in Senator Schuitmaker’s district. I ask for a moment of silence to honor the victims of this tragedy and their loved ones during a very difficult time for our entire region. A moment of silence was observed in memory of the victims of the Kalamazoo County shootings. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:17 a.m. 11:09 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator Knezek entered the Senate Chamber. No. 18] [February 23, 2016] JOURNAL OF THE SENATE 233 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Hildenbrand as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4408, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 18813. House Bill No. 4999, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7405, 16192, 16201, 16349, 17708, 17751, and 17763 (MCL 333.7405, 333.16192, 333.16201, 333.16349, 333.17708, 333.17751, and 333.17763), sec­ tions 7405, 17708, and 17763 as amended by 2012 PA 209, section 16192 as amended by 2013 PA 268, section 16201 as amended by 1988 PA 462, section 16349 as added by 1993 PA 79, and section 17751 as amended by 2014 PA 525. The bills were placed on the order of Third Reading of Bills. Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 Senate Resolution No. 12 The motion prevailed. enators Pavlov, Horn, Booher and Proos offered the following resolution: S Senate Resolution No. 146. A resolution to urge Michigan communities to pursue innovative policies that promote economic development by attracting young STEAM professionals to work in financially distressed communities. Whereas, Despite our storied economic reputation, many young professionals are leaving this state to pursue oppor­tunities elsewhere. According to the U.S. Census Bureau, Michigan has seen a net reduction of 4.4 percent in young workers aged 22 to 34 in the past five years. Two of the most popular destinations are the neighboring states of Illinois and Ohio. Young men and women come to Michigan to become STEAM—science, technology, engineering, arts, and math—professionals, but far too many leave after graduation; and Whereas, Reversing the outgoing tide of young STEAM professionals is of the highest priority. The paucity of young profes­sionals working in fields demanding a STEAM background stymies local economic development and job creation. There are economic disincentives for STEAM professionals wanting to remain in Michigan and rebuild their distressed com­ munities that must be addressed in order to make this state more competitive for these highly sought-after graduates; and Whereas, Communities can become more attractive to STEAM professionals when innovative economic development policies are pursued. Among these policy pursuits are reducing the income disparities for young STEAM professionals choosing to live in a community where earning potential is less than high-demand STEAM areas. Incentives like student loan assistance and employment relocation reimbursement expenses would aid in this endeavor to make Michigan more attractive to these 21st century workers; now, therefore, be it Resolved by the Senate, That we urge Michigan communities to pursue innovative policies that promote economic development by attracting young STEAM professionals to work in financially-distressed communities; and be it further Resolved, That copies of this resolution be transmitted to distressed local communities as defined under 1998 PA 328. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Economic Development and International Investment. The motion prevailed. Senators Brandenburg, Green, Gregory, Hansen, Knollenberg, MacGregor, Marleau, Warren and Zorn were named co‑sponsors of the resolution. 234 JOURNAL OF THE SENATE [February 23, 2016] [No. 18 enator Jones offered the following resolution: S Senate Resolution No. 147. A resolution to designate May 2016 as Motorcycle Safety Awareness Month. Whereas, Michigan has 249,547 registered motorcycles and 490,513 individuals who have operator licenses with a motorcycle endorsement; and Whereas, The safe operation of a motorcycle requires the use of special skills developed through a combination of training and expertise, the use of good judgment, plus a thorough knowledge of traffic laws and licensing requirements; and Whereas, The use of proper protective riding apparel is an important part of a motorcycle operator’s responsibility; and Whereas, Motorcycle safety awareness advocacy is a cooperative effort to decrease the number of injuries and fatalities associated with motorcycling; and Whereas, The promotion of motorcycle rider education programs available through the Michigan Department of State, including recommendations that motorcycle operators wear the proper gear in addition to driving their vehicles defensively and cautiously, is intended to reduce the number of crashes; and Whereas, The emergence of spring is synonymous with the return of motorcycle mavens to our state’s roadways. Through­out Michigan, motorcyclists have been on the cutting edge of supporting the wise and sensible use of this enjoyable mode of travel. Indeed, the disproportionate number of motorcycle fatalities makes it vitally important to encourage motor­ cyclists to understand and practice the highest degree of safety. It is also important to remind other drivers that highway safety is beneficial to all parties traveling on public roadways; and Whereas, Motorcycle Safety Awareness Month motivates motorcycle operators to don proper protective riding attire; maintain their motorcycles at a high level of safe operating conditions; abide by the laws of the road; and implement operating techniques providing an additional standard of safety. Additionally, car and truck drivers are informed of the fact that motorcyclists are resuming their travels on our public roadways, and each is advised to be exceptionally vigilant and watchful when approaching or passing a motorcycle on the highway; now, therefore, be it Resolved by the Senate, That the members of this legislative body designate May 2016 as Motorcycle Safety Awareness Month in the state of Michigan. We encourage all of Michigan’s citizens to participate in the aims and goals of this effort. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Colbeck, Green, Gregory, Hansen, Hertel, Hildenbrand, Knollenberg, MacGregor, Marleau, Pavlov, Proos, Robertson and Zorn were named co‑sponsors of the resolution. enator O’Brien offered the following resolution: S Senate Resolution No. 148. A resolution to designate February 21-27, 2016, as National Eating Disorders Awareness Week. Whereas, Eating disorders are serious conditions that are potentially life-threatening and have a great impact on both a person’s physical and emotional health; and Whereas, The National Eating Disorders Association works to give support to those dealing with eating disorders and to provide awareness to all citizens to prevent more instances of eating disorders from occurring; and Whereas, Approximately 30 million Americans will suffer from a serious eating disorder at some point in their life. This includes 20 million women and 10 million men and comprises anorexia nervosa, bulimia nervosa, binge eating disorder, or an eating disorder not otherwise specified; and Whereas, Many more cases go unreported because individuals do not recognize signs and symptoms due to the lack of awareness; and Whereas, Studies show that over half of teenage girls and nearly one-third of teenage boys use unhealthy weight control measures; and Whereas, Eating disorders can affect anyone. High-performing, dedicated students may struggle with disordered eating and poor body image, impairing otherwise excellent performance; and Whereas, The Senate commends the National Eating Disorders Association for bringing awareness about eating disorders to all citizens and the health and mental health care providers who treat individuals battling these disorders; now, therefore, be it Resolved by the Senate, That the members of this legislative body designate February 21-27, 2016, as National Eating Disorders Awareness Week in the state of Michigan. We honor the National Eating Disorders Association. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Green, Gregory, Hansen, Hertel, Hildenbrand, Knollenberg, MacGregor, Marleau, Proos, Warren and Zorn were named co‑sponsors of the resolution. No. 18] [February 23, 2016] JOURNAL OF THE SENATE 235 enator Meekhof offered the following concurrent resolution: S Senate Concurrent Resolution No. 24. A concurrent resolution to create the Joint Select Committee on the Flint Water Public Health Emergency. Whereas, It is the inherent responsibility of the Legislature to oversee the operations of the executive branch and ensure the effective implementation and operation of state government programs. The Michigan Legislature passed the Safe Drinking Water Act in 1976 to grant the executive branch the power to ensure safe public drinking water for Michigan residents; and Whereas, In April 2014, the city of Flint began drawing its drinking water from the Flint River as a temporary water source while a new pipeline was being constructed to obtain water from Lake Huron through the Karegnondi Water Authority. In late 2014, total trihalomethanes above federal and state drinking water standards were detected in drinking water. Thereafter, elevated blood lead levels were discovered in citizens, including children, within the city of Flint; and Whereas, In response to state of emergency declarations by the city of Flint and Genesee County, Governor Rick Snyder declared a state of emergency on January 5, 2016 and requested a presidential disaster declaration. On January 16, 2016, President Barack Obama issued a presidential emergency declaration; and Whereas, There are multiple ongoing investigations into the actions leading to the public health emergency in the city of Flint, the response to the emergency, and the future steps that can be taken to ensure safe, clean drinking water for state residents; now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That there be created the Joint Select Committee on the Flint Water Public Health Emergency. The joint select committee shall consist of three members of the Senate appointed by the Senate Majority Leader, one from the Senate Democratic Caucus recommended by the Senate Minority Leader and two from the Senate Republican Caucus, and three members of the House of Representatives appointed by the Speaker of the House, one from the House Democratic Caucus recommended by the House Minority Leader and two from the House Republican Caucus. The Senate Majority Leader shall designate the chairperson of the joint select committee, and the Speaker of the House shall designate the vice chairperson; and be it further Resolved, That the joint select committee shall examine the status and efficacy of governmental actions in response to the public health emergency in the city of Flint and Genesee County. In carrying out its duties, the joint select committee shall receive reports and information related to the public health emergency in the city of Flint and Genesee County. The joint select committee shall report to the Legislature a summary of the reports it has received and recommendations on further appropriate actions the Legislature may take to address the Flint water public health emergency and to prevent similar emergencies in other communities in the state. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The concurrent resolution was adopted. Senators Booher, Brandenburg, Colbeck, Hansen, Knollenberg, MacGregor, Pavlov and Zorn were named co‑sponsors of the concurrent resolution. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 136, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 71 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker 236 JOURNAL OF THE SENATE [February 23, 2016] [No. 18 Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Smith Not Voting—0 In The Chair: President enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 680, entitled A bill to amend 1968 PA 173, entitled “An act naming certain state buildings,” (MCL 19.131 to 19.132) by adding section 3. The House of Representatives has passed the bill and ordered that the bill be given immediate effect. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: House Bill No. 4727 House Bill No. 4888 Senate Bill No. 566 The motion prevailed. The following bill was read a third time: House Bill No. 4727, entitled A bill to amend 1959 PA 259, entitled “Tall structure act,” by amending sections 1, 2a, 2d, 6, and 7 (MCL 259.481, 259.482a, 259.482d, 259.486, and 259.487), sections 1, 6, and 7 as amended and sections 2a and 2d as added by 1986 PA 296, and by adding section 2f. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 72 Ananich Bieda Yeas—37 Hertel Knollenberg Robertson Hildenbrand Kowall Rocca No. 18] [February 23, 2016] JOURNAL OF THE SENATE 237 Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Smith Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to promote the safety, welfare, and protection of persons and property in the air and on the ground by regulating the height, location, and visual and aural identification characteristics of certain structures; to provide for the powers and duties of certain state agencies; and to provide penalties for the violation of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4888, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 24 (MCL 211.24), as amended by 2012 PA 409. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 73 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 238 JOURNAL OF THE SENATE [February 23, 2016] [No. 18 Excused—1 Smith Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 566, entitled A bill to provide protection from civil liability for individuals who take certain actions to prevent harm to minors or animals. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 74 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—1 Smith No. 18] [February 23, 2016] JOURNAL OF THE SENATE 239 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senators Warren and Bieda introduced Senate Bill No. 811, entitled A bill to establish gestational surrogate parentage contracts; to allow gestational surrogate parentage contracts for com­ pen­sation; to provide for a child conceived, gestated, and born according to a gestational surrogate parentage contract; to provide for penalties and remedies; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senators Marleau and Bieda introduced Senate Bill No. 812, entitled A bill to designate the monarch butterfly as the official insect of the state of Michigan. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 4651, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 312a (MCL 257.312a), as amended by 2013 PA 177. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5132, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 21a; and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. House Bill No. 5133, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 13a; and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. Statements Senators Warren and Stamas asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Warren’s statement is as follows: Colleagues, I rise today standing in front of you wearing orange. This is because Michigan has been in the news a lot this past week and not for a very good reason. We have been in the news because of the number of people killed or injured by gun violence in our state. Just in this past week, there were instances both intentional and unintentional. I wear orange in recognition of a national effort to prevent gun violence. The idea was taken from generations of hunters who have worn orange to make fellow hunters aware of their presence in the woods and to ultimately prevent unintentional shootings. Wearing orange was used as a call to action when a teen on the South Side of Chicago was killed, and his classmates urged the wearing of orange to symbolize the value of human life. 240 JOURNAL OF THE SENATE [February 23, 2016] [No. 18 At the beginning of this Senate session, we heard our fellow Senators describe what happen in their communities when a man shot and killed six people and injured two others in a senseless shooting rampage in the Kalamazoo area over the weekend. What they didn’t talk about was that same day a mother in Kentwood was shot in the head by her 3-year-old child who accidently discharged a firearm. In Fowlerville, a mother and her son were killed in what local authorities say appears to have been a murder-suicide. Last Wednesday in Flint, a toddler somehow got hold of a gun and shot and killed himself. Unfortunately, that is just the short list, and in just the past week—one week, colleagues. In Michigan, more people die every year as a result of gun violence than in traffic accidents, and yet we seem unwilling to regulate firearms the same way we regulate automobiles. Every year, more than 30,000 are shot and killed in America, and 70,000 more are shot and have survived. It is just unacceptable. I rise today to ask you all, my colleagues, to consider what this body is going to do to make Michigan a safer place to live, work, and raise a family. I know that if we work together, we can change the situation for the better. We have solutions and they are solutions that the vast majority of Michiganders and Americans support. This includes responsible gun owners. We have a real opportunity to make policy changes that both respect the Second Amendment and do more to help keep our homes and communities safe. We have legislation already introduced that would close some unfortunate loopholes in our state’s concealed carry laws, preventing individuals from carrying concealed pistols in gun-free zones, such as hospitals, stadiums, schools, dormitories, day-care facilities, places of worship, and libraries. We already have legislation introduced that will ensure everyone purchasing a firearm clears a real, universal background check, a move that a whopping 86 percent of Americans support. We already have legislation introduced that will require those owning guns to securely lock and store their weapons in their homes, making sure they are out of the hands of children. If recent news tells us anything, colleagues, it is that guns and children do not mix. Laws in other states requiring gun owners to safely lock and store their weapons and for sellers to inform buyers of their duty to do so have been shown to reduce unintentional shootings by children by 23 percent. We can do that here, because the legislation is already introduced. Americans broadly support requiring that firearms be safely stored. All of these bills are assigned to a committee and just need a hearing to move forward. I have called for the passage of these bills for months, and now that we have these tragedies that have happened in our own districts, I hope that we will take a good look at how we can prevent future tragedies from happening. We cannot let sensible gun policies languish in committee any longer. I challenge you today to match your thoughts and prayers for the victims of intentional and unintentional gun violence with action. Help me make Michigan a safer place for all of our constituents. enator Stamas’ statement is as follows: S Good morning, colleagues. It is again with a heavy heart that I stand before you here today. On Wednesday, February 17, Midland lost a dear friend and champion in retired Sheriff John Reder. Sheriff Reder served Midland County with distinc­ tion and class from 1967 to 2004. At the age of 24, Sheriff Reder joined the Midland Sheriff’s Office, working his way up to chief jailer before being elected the Midland County Sheriff in 1990. Sheriff Reder was an outstanding public servant who put his community before himself. My thoughts and prayers are with Sheriff Reder’s family and all those he helped throughout the years. Committee Reports The Committee on Transportation reported Senate Bill No. 739, entitled A bill to amend 2012 PA 387, entitled “Regional transit authority act,” (MCL 124.541 to 124.558) by adding section 10a. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov and Hopgood Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, February 18, 2016, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood No. 18] [February 23, 2016] JOURNAL OF THE SENATE 241 COMMITTEE ATTENDANCE REPORT he Subcommittee on State Police and Military Affairs submitted the following: T Meeting held on Tuesday, February 23, 2016, at 8:30 a.m., Rooms 402 and 403, Capitol Building Present: Senators Nofs (C), Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Subcommittee on Community Colleges submitted the following: T Meeting held on Tuesday, February 23, 2016, at 9:15 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Booher (C), Schuitmaker and Knezek Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesdays, March 1, March 8, March 15, and March 22, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Capital Outlay - Wednesday, February 24, 4:15 p.m. or later after committees are given leave by the House to meet, House Appropriations Room, 3rd Floor, Capitol Building (373-8080) Community Colleges - Friday, March 18, 1:00 p.m., Kirtland Community College, Rooms 251-252, Administra­ tion Build­ ing, 10775 N. Saint Helen Road, Roscommon; and Wednesday, March 23, 9:00 a.m., Room 100, Farnum Building (373‑2768) Corrections - Wednesday, February 24, 12:30 p.m., Room 405, Capitol Building (373-2768) General Government - Thursdays, February 25 and March 3, 8:30 a.m., Room 100, Farnum Building (373-2768) Health and Human Services - Tuesday, March 1, 2:30 p.m., Rooms 402 and 403, Capitol Building; Thursday, March 3, 1:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building; Tuesday, March 8, 2:30 p.m., Senate Hear­ing Room, Ground Floor, Boji Tower; and Thursday, March 10, 1:00 p.m., Harry T. Gast Appropria­ tions Room, 3rd Floor, Capitol Building (373-2768) Higher Education and House Higher Education Appropriations Subcommittee - Thursday, February 25, 1:00 p.m. or later after committees are given leave by the House to meet, Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building; Monday, February 29, 1:00 p.m., Curtiss Hall, Conference Rooms B and C, Saginaw Valley State University, 7400 Bay Road, University Center; and Wednesday, March 2, 3:00 p.m. or later after committees are given leave by the House to meet, House Appropriations Room, 3rd Floor, Capitol Building (373-2768) Judiciary - Wednesday, February 24, Tuesday, March 1 (CANCELED), and Wednesday, March 2, 9:00 a.m., Room 405, Capitol Building (373-2768) State Police and Military Affairs - Tuesdays, March 1, March 8, and March 15, 8:30 a.m., Rooms 402 and 403; March 22, 8:30 a.m., Room 405; and May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursdays, February 25, March 3, March 10, March 17, and March 24, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Criminal Justice Policy Commission - Wednesday, March 2, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Government Operations - Tuesday, March 1, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5307) Legislative Council - Thursday, March 17, 9:30 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373‑0212) Michigan Competitiveness - Wednesday, February 24, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5314) 242 JOURNAL OF THE SENATE [February 23, 2016] [No. 18 Natural Resources - Wednesday, February 24, 12:30 p.m., Room 210, Farnum Building (373-5314) Transportation - Thursday, February 25, 8:30 a.m., Room 210, Farnum Building (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:35 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, February 24, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 19 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Wednesday, February 24, 2016. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 244 JOURNAL OF THE SENATE [February 24, 2016] [No. 19 enator Margaret E. O’Brien of the 20th District, offered the following invocation: S As many of you know, in my community, we have had a tough time lately, so, today, I would like read a scripture that I am sure many of you are familiar with. It is from Ecclesiastes 3: “There is a time for everything, and a season for every activity under the heavens: a time to be born and a time to die, a time to plant and a time to uproot, a time to kill and a time to heal, a time to tear down and a time to build, a time to weep and a time to laugh, a time to mourn and a time to dance, a time to scatter stones and a time to gather them, a time to embrace and a time to refrain from embracing, a time to search and a time to give up, a time to keep and a time to throw away, a time to tear and a time to mend, a time to be silent and a time to speak, a time to love and a time to hate, a time for war and a time for peace. What do workers gain from their toil? I have seen the burden God has laid on the human race. He has made everything beautiful in its time. He has also set eternity in the human heart; yet no one can fathom what God has done from beginning to end. I know that there is nothing better for people than to be happy and to do good while they live.” The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Ananich, Casperson, Green, Robertson, Shirkey and Young entered the Senate Chamber. enator Hood moved that Senators Hopgood, Johnson and Smith be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that rule 3.902 be suspended to allow the guest of Senator Meekhof admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. The following communication was received and read: Office of the Senate Majority Leader February 22, 2016 ursuant to MCL 388.1810c, I appoint the following members to the Study Committee on Transferability and P Applicability of Community College Credits: Senator Darwin Booher Senator David Knezek Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communication was referred to the Secretary for record. he Secretary announced that the Majority Leader has made the appointment of the following joint select committee: T Flint Water Public Health Emergency (SCR 24) - Senators Stamas (C), Hune and Ananich. The select committee appointments were approved, a majority of the members serving voting therefor. The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, February 23: House Bill Nos. 4493 4793 5192 5219 No. 19] [February 24, 2016] JOURNAL OF THE SENATE 245 The Secretary announced that the following bills were printed and filed on Tuesday, February 23, and are available at the Michigan Legislature website: Senate Bill Nos. 811 812 House Bill Nos. 5392 5393 5394 Messages from the Governor The following message from the Governor was received: Date: February 23, 2016 Time: 3:33 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 513 (Public Act No. 21), being An act to amend 2001 PA 142, entitled “An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,” (MCL 250.1001 to 250.2080) by adding section 3a. (Filed with the Secretary of State on February 23, 2016, at 4:10 p.m.) Respectfully, Rick Snyder Governor By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Knezek as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 729, entitled A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 11 (MCL 46.11), as amended by 2012 PA 15. Substitute (S-1). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 10, line 14, by striking out all of enacting section 1. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senator Hopgood entered the Senate Chamber. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 578, entitled A bill to amend 2002 PA 660, entitled “Consumer mortgage protection act,” by amending sections 2, 6, and 13 (MCL 445.1632, 445.1636, and 445.1643), section 2 as amended by 2012 PA 443; and to repeal acts and parts of acts. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: 246 JOURNAL OF THE SENATE [February 24, 2016] Roll Call No. 75 [No. 19 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—2 Johnson Smith Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:18 a.m. 10:26 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. Senator Kowall moved that rule 3.902 be suspended to allow the guest of Senator Hood admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:27 a.m. No. 19] [February 24, 2016] JOURNAL OF THE SENATE 247 10:45 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senator Hood introduced Ernest G. Green, chairman of the African Development Foundation, Civil Rights Movement activist, and member of the Little Rock Nine, who spoke about Black History Month and his experiences growing up as an African-American man. During the recess, Senators Johnson and Smith entered the Senate Chamber. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Knezek as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with amendments, the following bill: House Bill No. 5105, entitled A bill to amend 2011 PA 142, entitled “Health insurance claims assessment act,” by amending sections 3 and 7 (MCL 550.1733 and 550.1737), section 3 as amended by 2014 PA 162; and to repeal acts and parts of acts. The following are the amendments recommended by the Committee of the Whole: 1. Amend page 1, line 7, after “on” by striking out “SEPTEMBER 30, 2025,” and inserting “JULY 1, 2020,”. 2. Amend page 2, line 2, after the second “on” by striking out the balance of the line through “2025,” on line 3 and inserting “JULY 1, 2020,”. The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage: House Bill No. 5105 The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: House Bill No. 5105 House Bill No. 4408 House Bill No. 4999 The motion prevailed. The following bill was read a third time: House Bill No. 5105, entitled A bill to amend 2011 PA 142, entitled “Health insurance claims assessment act,” by amending sections 3 and 7 (MCL 550.1733 and 550.1737), section 3 as amended by 2014 PA 162; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 76 Yeas—21 Booher Horn Brandenburg Jones Marleau Schmidt Meekhof Shirkey 248 JOURNAL OF THE SENATE [February 24, 2016] [No. 19 Casperson Knollenberg Nofs Smith Green Kowall Proos Stamas Hansen MacGregor Robertson Zorn Hildenbrand Nays—17 Ananich Hertel Johnson Rocca Bieda Hood Knezek Schuitmaker Colbeck Hopgood O’Brien Warren Emmons Hune Pavlov Young Gregory Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to impose an assessment on certain health care claims; to impose certain duties and obligations on certain insurance or health coverage providers; to impose certain duties on certain state departments, agencies, and officials; to create certain funds; to authorize certain expenditures; to impose certain remedies and penalties; to provide for an appropriation; and to repeal acts and parts of acts,”. The Senate agreed to the full title. Protest Senator Colbeck, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 5105 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.” The motion prevailed. Senator Colbeck’s statement is as follows: I rise in opposition to House Bill No. 5105. I understand we have a shortfall on the funding for Medicaid. Just like everything else that we’re addressing in this body, there are two ways of approaching a solution to a problem, especially when it comes to the budget. First, you look at the revenue side of the fence; the other is you look at the expense side of the fence. I’m a little concerned that we have not yet looked at the expense side of the fence on this. In particular, we have been focusing on expanding Medicaid. It wasn’t too long ago that we expanded the coverage of Medicaid here in the state of Michigan. We know that in the year 2017 the federal contribution for Medicaid expansion drops below 100 percent, and when we get to 2020, the savings that were projected as a basis for passing the expansion are going to be to the point where the automatic repeal provision of the Medicaid expansion bill gets put into effect. Now, instead of looking at ways to actually reduce the expenses to our taxpayers and make sure that there are ways to provide better quality services to our constituents, we are looking at going off and increasing taxes. I’m just concerned that this is a repeated pattern where we do not look at ways of delivering the services that we would like to provide to our constituents in more efficient ways. Instead, we go back and start taxing. For me, it is personally disappointing. I would like to use that as my “no” vote explanation and an encouragement to my colleagues in this body to look at what is best for our citizens down the road; what is the best to protect their pocket books and what is best to actually provide even better quality of care to our citizens who depend on Medicaid. With that, I would like to urge my colleagues to vote “no.” No. 19] [February 24, 2016] JOURNAL OF THE SENATE 249 The following bill was read a third time: House Bill No. 4408, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 18813. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 77 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Shirkey Casperson Horn Meekhof Smith Emmons Hune Nofs Stamas Green Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Nays—2 Colbeck Schuitmaker Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4999, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7405, 16192, 16201, 16349, 17708, 17751, and 17763 (MCL 333.7405, 333.16192, 333.16201, 333.16349, 333.17708, 333.17751, and 333.17763), sections 7405, 250 JOURNAL OF THE SENATE [February 24, 2016] [No. 19 17708, and 17763 as amended by 2012 PA 209, section 16192 as amended by 2013 PA 268, section 16201 as amended by 1988 PA 462, section 16349 as added by 1993 PA 79, and section 17751 as amended by 2014 PA 525. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 78 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—1 Colbeck Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 No. 19] [February 24, 2016] JOURNAL OF THE SENATE 251 Senate Resolution No. 75 Senate Resolution No. 12 The motion prevailed. enators Bieda, Hertel, Ananich and Young offered the following resolution: S Senate Resolution No. 149. A resolution to memorialize the Congress of the United States to enact legislation which ensures that citizens are promptly notified of potential lead in water contamination. Whereas, Quality, safe drinking water is essential in our communities for public health and wellness. Nationally, the U.S. Environmental Protection Agency (EPA) is charged with ensuring safe drinking water. Under the federal Safe Drink­ ing Water Act, the EPA has delegated primary enforcement responsibility in our state to the Michigan Department of Environmental Quality; and Whereas, It is imperative that residents across the country and in our state be notified in a timely fashion about potential lead contamination in drinking water. Lead is a very dangerous contaminant to health, especially in young children. Citizens are better equipped to take steps to protect their health and safety when properly notified about lead in water issues; and Whereas, Current lead in water notification requirements are inadequate. As the water crisis in Flint has illustrated, the system failed for thousands of residents. Prompt warning is necessary, and measures must be put in place to ensure that it happens; and Whereas, H.R. 4470, the federal Safe Drinking Water Act Improved Compliance Awareness Act, would ensure that citizens are notified immediately and effectively in an instance of possible lead contamination. It would mandate that local water systems inform all customers when lead is detected at high levels in drinking water. Further, the act would require the EPA to communicate this notice when a lead contamination may present health effects, and the state or local water system have failed to notify customers within 24 hours. The act also contains a provision charging the EPA to ultimately make sure that customers are advised when high lead levels are detected in their household’s drinking water. Supported by every member of the Michigan congressional delegation, this bipartisan act has already passed the U.S. House of Representatives by a vote of 416-2; now, therefore, be it Resolved by the Senate, That we memorialize the Congress of the United States to enact legislation which ensures that citizens are promptly notified of potential lead in water contamination; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations. Senator Knezek was named co‑sponsor of the resolution. enators Hertel, Bieda, Ananich and Young offered the following concurrent resolution: S Senate Concurrent Resolution No. 25. A concurrent resolution to memorialize the Congress of the United States to enact legislation which ensures that citizens are promptly notified of potential lead in water contamination. Whereas, Quality, safe drinking water is essential in our communities for public health and wellness. Nationally, the U.S. Environmental Protection Agency (EPA) is charged with ensuring safe drinking water. Under the federal Safe Drink­ ing Water Act, the EPA has delegated primary enforcement responsibility in our state to the Michigan Department of Environmental Quality; and Whereas, It is imperative that residents across the country and in our state be notified in a timely fashion about potential lead contamination in drinking water. Lead is a very dangerous contaminant to health, especially in young children. Citizens are better equipped to take steps to protect their health and safety when properly notified about lead in water issues; and Whereas, Current lead in water notification requirements are inadequate. As the water crisis in Flint has illustrated, the system failed for thousands of residents. Prompt warning is necessary, and measures must be put in place to ensure that it happens; and Whereas, H.R. 4470, the federal Safe Drinking Water Act Improved Compliance Awareness Act, would ensure that citizens are notified immediately and effectively in an instance of possible lead contamination. It would mandate that local water systems inform all customers when lead is detected at high levels in drinking water. Further, the act would require the EPA to communicate this notice when a lead contamination may present health effects, and the state or local water system have failed to notify customers within 24 hours. The act also contains a provision charging the EPA to ultimately make sure that customers are advised when high lead levels are detected in their household’s drinking water. Supported by every member of the Michigan congressional delegation, this bipartisan act has already passed the U.S. House of Representatives by a vote of 416-2; now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That we memorialize the Congress of the United States to enact legislation which ensures that citizens are promptly notified of potential lead in water contamination; and be it further 252 JOURNAL OF THE SENATE [February 24, 2016] [No. 19 Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. Pursuant to rule 3.204, the concurrent resolution was referred to the Committee on Government Operations. Senator Knezek was named co‑sponsor of the concurrent resolution. enate Concurrent Resolution No. 6. S A concurrent resolution to memorialize the Congress of the United States to appropriate funds from the Nuclear Waste Fund for the establishment of a permanent repository for high-level nuclear waste or reimburse electric utility customers who paid into the fund. (For text of resolution, see Senate Journal No. 28 of 2015, p. 342.) The House of Representatives has adopted the concurrent resolution. The concurrent resolution was referred to the Secretary for record. enate Concurrent Resolution No. 8. S A concurrent resolution to urge the U.S. Department of Energy and the U.S. Nuclear Regulatory Commission to fulfill their obligation to establish a permanent repository for high-level nuclear waste. (For text of resolution, see Senate Journal No. 28 of 2015, p. 343.) The House of Representatives has adopted the concurrent resolution. The concurrent resolution was referred to the Secretary for record. enate Concurrent Resolution No. 24. S A concurrent resolution to create the Joint Select Committee on the Flint Water Public Health Emergency. (For text of resolution, see Senate Journal No. 18, p. 235.) The House of Representatives has adopted the concurrent resolution. The concurrent resolution was referred to the Secretary for record. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 11:01 a.m. 11:14 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 11:15 a.m. 11:47 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. Introduction and Referral of Bills enator Young introduced S Senate Joint Resolution O, entitled A joint resolution proposing an amendment to the state constitution of 1963, by adding section 40a to article IV, to decriminalize the possession and use of marihuana. The joint resolution was read a first and second time by title and referred to the Committee on Judiciary. No. 19] [February 24, 2016] JOURNAL OF THE SENATE 253 Senator Young introduced Senate Bill No. 813, entitled A bill to regulate and tax marihuana; to require registration of marihuana establishments and provide for registration, application, and renewal fees; to regulate growth, manufacture, and retail sale of marihuana; to regulate marihuana testing, labeling, and packaging for retail sale; to restrict marihuana possession, sale, and use by individuals under the age of 21; to limit landlord restrictions on marihuana in rental property; to impose an excise tax and provide for distribution of the proceeds of that tax; to require the promulgation of rules; and to provide sanctions for violations of this act. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Hildenbrand introduced Senate Bill No. 814, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Hildenbrand introduced Senate Bill No. 815, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2015 PA 139 and section 17b as amended by 2007 PA 137. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senators Colbeck, Kowall, Bieda and Proos introduced Senate Bill No. 816, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 74116 and 78119 (MCL 324.74116 and 324.78119), section 74116 as amended by 2016 PA 1 and section 78119 as amended by 2013 PA 81. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Home­ land Security. Senators Colbeck, Kowall, Bieda, Zorn and Proos introduced Senate Bill No. 817, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 43537 (MCL 324.43537), as amended by 2013 PA 108. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Home­ land Security. Senator Schuitmaker introduced Senate Bill No. 818, entitled A bill to amend 1943 PA 148, entitled “Proprietary schools act,” by amending section 1a (MCL 395.101a), as amended by 2009 PA 212. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senator Hansen introduced Senate Bill No. 819, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 6, 20, and 31a (MCL 388.1603, 388.1606, 388.1620, and 388.1631a), section 3 as amended by 2012 PA 201, section 6 as amended by 2015 PA 223, section 20 as amended by 2015 PA 85, and section 31a as amended by 2015 PA 139. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senator Hansen introduced Senate Bill No. 820, entitled A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit 254 JOURNAL OF THE SENATE [February 24, 2016] [No. 19 the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2015 PA 134. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senator Hansen introduced Senate Bill No. 821, entitled A bill to amend 1855 PA 105, entitled “An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies,” by amending section 1 (MCL 21.141), as amended by 2015 PA 116. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senator Hansen introduced Senate Bill No. 822, entitled A bill to amend 1980 PA 243, entitled “Emergency municipal loan act,” by amending sections 2, 3, 4, and 6 (MCL 141.932, 141.933, 141.934, and 141.936), as amended by 2015 PA 115; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 4493, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1278 and 1279g (MCL 380.1278 and 380.1279g), section 1278 as amended by 2004 PA 596 and section 1279g as amended by 2008 PA 349, and by adding section 1168. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Education. House Bill No. 4793, entitled A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 434 (MCL 330.1434), as amended by 1995 PA 290. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5192, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 720 and 728 (MCL 339.720 and 339.728), section 720 as amended by 2010 PA 215 and section 728 as amended by 2014 PA 177. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Commerce. House Bill No. 5219, entitled A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending section 57 (MCL 169.257), as amended by 2015 PA 269. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Committee Reports COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Tuesday, February 23, 2016, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Hune, O’Brien, Stamas, Robertson, Hertel, Knezek and Hopgood Excused: Senators Shirkey (C), Marleau and Jones No. 19] [February 24, 2016] JOURNAL OF THE SENATE 255 COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, February 23, 2016, at 12:30 p.m., Room 100, Farnum Building Present: Senators Zorn (C), Proos, Brandenburg, Rocca and Young COMMITTEE ATTENDANCE REPORT he Subcommittee on Health and Human Services submitted the following: T Meeting held on Tuesday, February 23, 2016, at 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Marleau (C), MacGregor, Proos, Shirkey, Hansen, Gregory and Hertel COMMITTEE ATTENDANCE REPORT he Subcommittee on Agriculture and Rural Development submitted the following: T Meeting held on Tuesday, February 23, 2016, at 3:00 p.m., Rooms 402 and 403, Capitol Building Present: Senators Green (C), Stamas and Hopgood COMMITTEE ATTENDANCE REPORT he Committee on Michigan Competitiveness submitted the following: T Meeting held on Wednesday, February 24, 2016, at 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Stamas, Robertson, Proos and Warren COMMITTEE ATTENDANCE REPORT he Subcommittee on Judiciary submitted the following: T Meeting held on Wednesday, February 24, 2016, at 9:00 a.m., Room 405, Capitol Building Present: Senators Proos (C), Schuitmaker and Young Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesdays, March 1, March 8, March 15, and March 22, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Community Colleges - Friday, March 18, 1:00 p.m., Kirtland Community College, Rooms 251-252, Administra­ tion Building, 10775 N. Saint Helen Road, Roscommon; and Wednesday, March 23, 9:00 a.m., Room 100, Farnum Building (373-2768) General Government - Thursdays, February 25, 9:00 a.m. and March 3, 8:30 a.m., Room 100, Farnum Building (373-2768) Health and Human Services - Tuesday, March 1, 2:30 p.m., Rooms 402 and 403, Capitol Building; Thursday, March 3, 1:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building; Tuesday, March 8, 2:30 p.m., Senate Hear­ ing Room, Ground Floor, Boji Tower; and Thursday, March 10, 1:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Higher Education and House Higher Education Appropriations Subcommittee - Thursday, February 25, 1:00 p.m. or later after committees are given leave by the House to meet, Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building; Monday, February 29, 1:00 p.m., Curtiss Hall, Conference Rooms B and C, Saginaw Valley State University, 7400 Bay Road, University Center; and Wednesday, March 2, 3:00 p.m. or later after committees are given leave by the House to meet, House Appropriations Room, 3rd Floor, Capitol Building (373-2768) 256 JOURNAL OF THE SENATE [February 24, 2016] [No. 19 Judiciary - Tuesday, March 1 (CANCELED), and Wednesday, March 2, 9:00 a.m., Room 405, Capitol Building (373-2768) State Police and Military Affairs - Tuesdays, March 1, March 8, and March 15, 8:30 a.m., Rooms 402 and 403; March 22, 8:30 a.m., Room 405; and May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursdays, February 25 (CANCELED), March 3, March 10, March 17, and March 24, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Criminal Justice Policy Commission - Wednesday, March 2, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Education - Tuesday, March 1, 12:00 noon, Room 210, Farnum Building (373-5314) Government Operations - Tuesday, March 1, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5307) Legislative Council - Thursday, March 17, 9:30 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-0212) Local Government - Tuesday, March 1, 1:00 p.m., Room 210, Farnum Building (373-5312) Outdoor Recreation and Tourism - Wednesday, March 2, 12:30 p.m., Room 210, Farnum Building (373-1721) Transportation - Thursday, February 25, 8:30 a.m., Room 210, Farnum Building (373-5312) (CANCELED) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:51 a.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, February 25, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 20 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Thursday, February 25, 2016. 10:00 a.m. Pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate. In the absence of all Senators, pursuant to Joint Rule 15 and due to emergency snow conditions, the Secretary of the Senate adjourned the Senate, the time being 10:01 a.m. Committee Reports The Committee on Judiciary reported Senate Bill No. 696, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 411 (MCL 750.411), as amended by 2000 PA 339. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 697, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3011. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. 258 JOURNAL OF THE SENATE [February 25, 2016] [No. 20 COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, February 23, 2016, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda The Committee on Banking and Financial Institutions reported Senate Bill No. 748, entitled A bill to amend 1999 PA 276, entitled “Banking code of 1999,” by amending the title and sections 2202 and 2203 (MCL 487.12202 and 487.12203). With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Darwin L. Booher Chairperson To Report Out: Yeas: Senators Booher, O’Brien, Nofs, Zorn, MacGregor, Hertel and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Banking and Financial Institutions reported Senate Bill No. 749, entitled A bill to amend 1999 PA 276, entitled “Banking code of 1999,” by amending section 1201 (MCL 487.11201). With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Darwin L. Booher Chairperson To Report Out: Yeas: Senators Booher, O’Brien, Nofs, Zorn, MacGregor, Rocca, Hertel and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Banking and Financial Institutions reported Senate Bill No. 750, entitled A bill to amend 1999 PA 276, entitled “Banking code of 1999,” by amending section 4301 (MCL 487.14301). With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Darwin L. Booher Chairperson To Report Out: Yeas: Senators Booher, O’Brien, Nofs, Zorn, MacGregor, Rocca, Hertel and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Banking and Financial Institutions reported Senate Bill No. 751, entitled A bill to amend 1999 PA 276, entitled “Banking code of 1999,” by amending section 4111 (MCL 487.14111), as added by 2014 PA 399. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Darwin L. Booher Chairperson To Report Out: Yeas: Senators Booher, O’Brien, Nofs, Zorn, MacGregor, Rocca, Hertel and Young Nays: None The bill was referred to the Committee of the Whole. No. 20] [February 25, 2016] JOURNAL OF THE SENATE 259 The Committee on Banking and Financial Institutions reported Senate Bill No. 752, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 315a and 376a (MCL 750.315a and 750.376a), as amended by 2014 PA 400. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Darwin L. Booher Chairperson To Report Out: Yeas: Senators Booher, O’Brien, Nofs, Zorn, MacGregor, Rocca, Hertel and Young Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Banking and Financial Institutions submitted the following: T Meeting held on Tuesday, February 23, 2016, at 2:30 p.m., Room 100, Farnum Building Present: Senators Booher (C), O’Brien, Nofs, Zorn, MacGregor, Rocca, Hertel and Young COMMITTEE ATTENDANCE REPORT he Subcommittee on Corrections submitted the following: T Meeting held on Wednesday, February 24, 2016, at 12:30 p.m., Room 405, Capitol Building Present: Senators Proos (C), Knollenberg and Gregory Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesdays, March 1, March 8, March 15, and March 22, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Community Colleges - Friday, March 18, 1:00 p.m., Kirtland Community College, Rooms 251-252, Adminis­tra­ tion Build­ ing, 10775 N. Saint Helen Road, Roscommon; and Wednesday, March 23, 9:00 a.m., Room 100, Farnum Building (373-2768) General Government - Thursday, March 3, 8:30 a.m., Room 100, Farnum Building (373-2768) Health and Human Services - Tuesday, March 1, 2:30 p.m., Rooms 402 and 403, Capitol Building; Thursday, March 3, 1:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building; Tuesday, March 8, 2:30 p.m., Senate Hear­ ing Room, Ground Floor, Boji Tower; and Thursday, March 10, 1:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Higher Education and House Higher Education Appropriations Subcommittee - Monday, February 29, 1:00 p.m., Curtiss Hall, Conference Rooms B and C, Saginaw Valley State University, 7400 Bay Road, University Center; and Wednesday, March 2, 3:00 p.m. or later after committees are given leave by the House to meet, House Appropria­ tions Room, 3rd Floor, Capitol Building (373-2768) Judiciary - Tuesday, March 1 (CANCELED), and Wednesday, March 2, 9:00 a.m., Room 405, Capitol Building (373-2768) State Police and Military Affairs - Tuesdays, March 1, March 8, and March 15, 8:30 a.m., Rooms 402 and 403; March 22, 8:30 a.m., Room 405; and May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursdays, March 3, March 10, March 17, and March 24, 9:00 a.m., Harry T. Gast Appropria­ tions Room, 3rd Floor, Capitol Building (373-2768) 260 JOURNAL OF THE SENATE [February 25, 2016] [No. 20 Criminal Justice Policy Commission - Wednesday, March 2, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Education - Tuesday, March 1, 12:00 noon, Room 210, Farnum Building (373-5314) Government Operations - Tuesday, March 1, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5307) (CANCELED) Legislative Council - Thursday, March 17, 9:30 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-0212) Local Government - Tuesday, March 1, 1:00 p.m., Room 210, Farnum Building (373-5312) Outdoor Recreation and Tourism - Wednesday, March 2, 12:30 p.m., Room 210, Farnum Building (373-1721) The Secretary of the Senate declared the Senate adjourned until Tuesday, March 1, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 21 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Tuesday, March 1, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 262 JOURNAL OF THE SENATE [March 1, 2016] [No. 21 Pastor Mark Witte of Grace Lutheran Church of Monroe offered the following invocation: This past Sunday down in Monroe, we heard the words of Jesus in Luke, Chapter 13, where He commends us not to consider ourselves better than others. He can see our tendencies to see the faults and offenses in our neighbors while ignoring our own. He calls each of us to repentance and each into His merciful, forgiving, and loving arms. As we begin today’s work, we lift up our needs and prayers to the Father. We pray that He would lead us into repentance during this season of Lent and that He would watch over our nation in this year of a presidential election. We pray that He would care for all of our brothers and sisters in need throughout Michigan, especially our brothers and sisters in Flint. We pray that He will watch over us through the winter weather, guard our brothers and sisters serving in the armed forces, and grant growth and success to our young people in school and the teachers and administrators who lead them. Together we ask, especially this morning, that our Gracious Father would watch over the members of this Senate who serve their state this day. In all the actions of this day at work, home, and at play, may we glorify God. I pray this through Jesus Christ our Lord. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Smith entered the Senate Chamber. enator Kowall moved that Senator Green be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Johnson and Young be temporarily excused from today’s session. S The motion prevailed. Senator Horn asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Horn’s statement is as follows: It is with a heavy heart that I rise along with my colleagues Senators Dave Robertson and Jim Ananich and Representa­ tive Joe Graves, each of us representing Genesee County, to talk about yet another heartbreaking story in our great state of Michigan. Last Saturday, I attended the funeral for six members of the Quasarano family: Leonard, 35; Heather, 39; Luke, 11; Brenden, 9; Rachel, 7; and Grant, 2 years old. The Quasaranos were found dead in their Fenton Township home, victims of carbon monoxide poisoning. They are remembered as a loving family, as caring neighbors, and as having extraordinary spiritual faith. In fact, as reported by MLive, the family spent that fateful Friday night together at church. It was family movie night at Faith Baptist Church of Linden. They got home to discover a wind storm had apparently knocked out their power, which is when Leonard purchased a generator. A neighbor from across the street describes the family as believers, willing to share their faith with the community, and believers in that the whole family is together with the Lord. Genesee County Sheriff Robert Pickell described the family as a loving and spiritual family, who would want others to learn from this tragedy. Representative Joe Graves knew the family personally and joined the community of Linden for a well-attended vigil Sunday night. So with that, we stand together to remind all of Michigan to understand the dangers of carbon monoxide. Michigan has proclaimed a week in October as Carbon Monoxide Safety and Awareness Week. This tragedy shows, however, that we must be mindful of the dangers year-round. Carbon monoxide is a threat that you cannot see, you cannot taste, and you cannot smell. Whether you’re awake or asleep, it always creeps up silently. The only true defense against this silent killer is a fully operational carbon monoxide detector. We are urging every Michigan resident to install one or two detectors in their home or business. They can be as easy to install as plugging them into the wall. We ask you to call your local energy provider about energy safety in the home, or contact your local fire department for life-saving fire and carbon monoxide safety tips. You can also contact the Michigan Department of Health and Human Services at 1-800-648-6942 or visit michigan.gov/carbonmonoxide for additional information. So, Dear Lord, as we say our final goodbyes to Your children, Leonard, Heather, Luke, Brenden, Rachel, and Grant Quasarano, we ask You to wrap Your loving arms around them and bring them home to You. A moment of silence was observed in memory of the Quasarano family. Senator Green entered the Senate Chamber. No. 21] [March 1, 2016] JOURNAL OF THE SENATE 263 Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Knezek admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:10 a.m. 11:08 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator Knezek introduced the Garden City High School Girls Varsity and Middle School Pom Pon Teams, Division 1 State Champions; Coaches Kristen Brock, Isis Harris, and Ashley Bellis, and Pom sponsors Kathy Adams and Jackie Dicker; and presented them with a Special Tribute. During the recess, Senators Young and Johnson entered the Senate Chamber. The following communications were received and read: Office of the Auditor General February 23, 2016 nclosed is a copy of the following audit report: E •  Financial audit report on the Transition in the Office of State Treasurer, Department of Treasury, as of April 18, 2015. February 25, 2016 nclosed is a copy of the following Report on Internal Control, Compliance, and Other Matters for the fiscal year ended E September 30, 2015: •  Michigan State Public School Employees’ Retirement System. Sincerely, Doug Ringler Auditor General The audit reports were referred to the Committee on Government Operations. The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, February 24: House Bill Nos. 5050 5051 5052 5053 5054 5055 The Secretary announced the enrollment printing and presentation to the Governor on Friday, February 26, for his approval the following bill: Enrolled Senate Bill No. 136 at 8:54 a.m. The Secretary announced the enrollment printing and presentation to the Governor on Monday, February 29, for his approval the following bills: Enrolled Senate Bill No. 56 at 2:22 p.m. Enrolled Senate Bill No. 176 at 2:24 p.m. Enrolled Senate Bill No. 357 at 2:26 p.m. Enrolled Senate Bill No. 554 at 2:28 p.m. Enrolled Senate Bill No. 555 at 2:30 p.m. Enrolled Senate Bill No. 588 at 2:32 p.m. Enrolled Senate Bill No. 680 at 2:34 p.m. 264 JOURNAL OF THE SENATE [March 1, 2016] [No. 21 The Secretary announced that the following bills and joint resolution were printed and filed on Wednesday, February 24, and are available at the Michigan Legislature website: Senate Bill Nos. 813 814 815 816 817 818 819 820 821 822 Senate Joint Resolution O House Bill Nos. 5395 5396 5397 5398 5399 5400 Messages from the Governor The following message from the Governor was received: Date: February 26, 2016 Time: 11:32 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 136 (Public Act No. 24), being An act to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. (Filed with the Secretary of State on February 26, 2016, at 1:14 p.m.) Respectfully, Rick Snyder Governor The following messages from the Governor were received and read: February 19, 2016 I respectfully submit to the Senate the following appointment to office: Interim Director - Michigan Veterans Affairs Agency James Robert Redford of 1535 Groton Road, S.E., East Grand Rapids, Michigan 49506, county of Kent, is appointed for a term commencing February 20, 2016, and expiring at the pleasure of the Governor. February 24, 2016 I respectfully submit to the Senate the following appointments to office: Certificate of Need Commission Debra A. Guido-Allen of 12887 Beechnut Drive, Sterling Heights, Michigan 48313, county of Macomb, representing Democrats and nurses, succeeding Gay Landstrom, is appointed for a term expiring January 1, 2019. Jessica Anne-Salinas Kochin of 7832 Forest Drive, Dexter, Michigan 48130, county of Washtenaw, representing Republi­ cans and companies who are self-insured for health coverage, succeeding herself, is reappointed for a term expiring January 1, 2019. February 24, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Board of Dentistry Jennifer M. Kindel of 3152 11 Mile Road, Auburn, Michigan 48611, county of Bay, representing dental assistants, suc­ ceeding Carol Stamm, is appointed for a term expiring June 30, 2019. February 24, 2016 I respectfully submit to the Senate the following appointments to office: State Board of Ethics Patrick M. Barrett of 340 S. Glenhurst Drive, Birmingham, Michigan 48009, county of Oakland, a Democrat, succeeding Joseph Walker, is appointed for a term expiring February 7, 2020. Lawrence M. Glazer of 3555 W. Arbutus Drive, Okemos, Michigan 48864, county of Ingham, a Democrat, succeeding himself, is reappointed for a term expiring February 7, 2020. Albert T. Nelson of 1356 Lochmoor Drive, Grosse Pointe Woods, Michigan 48236, county of Wayne, an Independent, succeeding himself, is reappointed for a term expiring February 7, 2020. February 24, 2016 I respectfully submit to the Senate the following appointments to office: Chair - Human Trafficking Health Advisory Board Jayashree Kommareddi of 8426 Warwick Groves Court, Grand Blanc, Michigan 48439, county of Genesee, is appointed for a term expiring at the pleasure of the Governor. No. 21] [March 1, 2016] JOURNAL OF THE SENATE 265 Human Trafficking Health Advisory Board Jayashree Kommareddi of 8426 Warwick Groves Court, Grand Blanc, Michigan 48439, county of Genesee, representing individuals with experience and expertise in the field of intervention in or prevention of human trafficking or treatment of human trafficking survivors, succeeding Erin Diamond, is appointed for a term expiring December 31, 2018. February 24, 2016 I respectfully submit to the Senate the following appointments to office: Michigan State Council for Interstate Juvenile Supervision Cheri Arwood of 5665 S. Forrest Hill Road, St. Johns, Michigan 48879, county of Clinton, representing the Executive Branch, succeeding herself, is reappointed for a term expiring February 12, 2020. Dale L. Murray of 3761 N. DeWitt Road, St. Johns, Michigan 48879, county of Clinton, serving as Compact Adminis­ trator, succeeding himself, is reappointed for a term expiring February 12, 2020. February 24, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Board of Massage Therapy Lynn K. Wolf of 796 E. Gruler Road, Petoskey, Michigan 49770, county of Emmet, representing professional members, succeeding Melissa Mueller, is appointed for a term expiring December 31, 2019. February 24, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Public School Employees Retirement System Board Stephen H. Epstein of 4608 Maura Lane, West Bloomfield, Michigan 48323, county of Oakland, representing the general public, succeeding himself, is reappointed for a term expiring March 30, 2020. Ann G. Kroneman of 2124 White Owl Way, Okemos, Michigan 48864, county of Ingham, representing community college administrators or trustees, succeeding Tim Nelson, is appointed for a term expiring March 30, 2020. Kevin Philipps of 4263 South Oak Pointe Court, Grand Rapids, Michigan 49525, county of Kent, representing school finance and operations mangers who are not superintendents, succeeding himself, is reappointed for a term expiring March 30, 2020. Larry J. Ward of 4175 Vanneter Road, Williamston, Michigan 48895, county of Ingham, representing an elected member of the board of control, succeeding himself, is reappointed for a term expiring March 30, 2020. February 24, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Tax Tribunal Marcus Abood of 209 Harpers Way, Lansing, Michigan 48917, county of Ingham, representing members at large, filling a vacancy, is appointed for a term commencing February 29, 2016, and expiring June 30, 2019. February 24, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Trails Advisory Council William D. Manson of 290 12 Mile, N.E., Rockford, Michigan 49341, county of Kent, representing snowmobile users, succeeding himself, is reappointed for a term expiring January 17, 2020. Jason J. Rolling of 263 County Road 480, Negaunee, Michigan 49866, county of Marquette, representing non-motorized users, succeeding himself, is reappointed for a term expiring January 17, 2020. Franklin C. Wheatlake of 9264 7 Mile Road, Big Rapids, Michigan 49307, county of Newaygo, representing snowmobile users, succeeding himself, is reappointed for a term expiring January 17, 2020. February 24, 2016 I respectfully submit to the Senate the following appointments to office: Chair - Michigan Women’s Commission Christine Etienne of 860 Evergreen Drive, Petoskey, Michigan, county of Emmet, is appointed for a term expiring at the pleasure of the Governor. ice Chair - Michigan Women’s Commission V Kathleen B. Vogelsang of 554 Roundtree Drive, N.E., Ada, Michigan, county of Kent, is appointed for a term expiring at the pleasure of the Governor. 266 JOURNAL OF THE SENATE [March 1, 2016] [No. 21 ichigan Women’s Commission M Darlene S. Lee of 2757 McIntosh Avenue, N.E., Grand Rapids, Michigan, county of Kent, succeeding Jayashree Kommareddi, is appointed for a term expiring July 15, 2016. Sara Schroeder of 903 Nylon Street, Saginaw, Michigan, county of Saginaw, succeeding Brook Thompson, is appointed for a term expiring July 15, 2017. Beverly F. Wall of 3207 Shadyside Drive, N.E., Grand Rapids, Michigan, county of Kent, succeeding Carol Zimmer, is appointed for a term expiring July 15, 2018. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. The following message from the Governor was received and read: February 29, 2016 In accordance with Section 14 of Article V of the Michigan Constitution of 1963, I write to advise the Michigan Senate that the following commutation of sentence was granted during 2015: Jason Blake Agnew - The commutation was granted July 15, 2015, and was based on the affirmative recommendation of the Michigan Parole Board. Sincerely, Richard D. Snyder Governor By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Hopgood as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill: Senate Bill No. 496, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 312a (MCL 257.312a), as amended by 2013 PA 177. The bill was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 332, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 703 (MCL 436.1703), as amended by 2012 PA 125. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 333, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 319 (MCL 257.319), as amended by 2015 PA 11. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 334, entitled A bill to amend 1975 PA 238, entitled “Child protection law,” by amending sections 2 and 3 (MCL 722.622 and 722.623), section 2 as amended by 2014 PA 30 and section 3 as amended by 2014 PA 344. No. 21] [March 1, 2016] JOURNAL OF THE SENATE 267 he House of Representatives has substituted (H-2) the bill. T The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1975 PA 238, entitled “An act to require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending sections 2, 3, and 7 (MCL 722.622, 722.623, and 722.627), section 2 as amended by 2014 PA 30, section 3 as amended by 2014 PA 344, and section 7 as amended by 2014 PA 527. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 79 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: House Bill No. 4458 Senate Bill No. 729 The motion prevailed. 268 JOURNAL OF THE SENATE [March 1, 2016] [No. 21 The following bill was read a third time: House Bill No. 4458, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 10p (MCL 247.660p), as added by 2010 PA 135. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 80 Yeas—28 Booher Hildenbrand MacGregor Robertson Brandenburg Hopgood Marleau Rocca Casperson Horn Meekhof Schmidt Colbeck Hune Nofs Schuitmaker Emmons Jones O’Brien Shirkey Green Knollenberg Pavlov Stamas Hansen Kowall Proos Zorn Nays—10 Ananich Hertel Knezek Warren Bieda Hood Smith Young Gregory Johnson Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. No. 21] [March 1, 2016] JOURNAL OF THE SENATE 269 The following bill was read a third time: Senate Bill No. 729, entitled A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 11 (MCL 46.11), as amended by 2015 PA 236. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 81 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 Senate Resolution No. 12 The motion prevailed. enator Schuitmaker offered the following resolution: S Senate Resolution No. 150. A resolution recognizing February 2016 as Self-Care Month. Whereas, Self-care is a lifelong daily habit of healthy lifestyle choices, good hygiene practices, prevention of infection and illness, avoiding unhealthy choices, monitoring for signs and symptoms of changes in health, knowing when to consult a health care practitioner, and being aware of when it is appropriate to self-treat conditions; and Whereas, The United States Food and Drug Administration deems over-the-counter medicines safe and effective for the self-care treatment of minor acute and chronic health conditions and symptoms, such as pain, the common cold, allergies, and other conditions that impact large segments of the population; and 270 JOURNAL OF THE SENATE [March 1, 2016] [No. 21 Whereas, Over-the-counter medicines are either developed as new nonprescription medicines or switched from existing prescription medicines; and Whereas, Over-the-counter nonprescription medicines are self-care products that consumers purchase in pharmacies, supermarkets, retail stores, and online; and Whereas, Every dollar spent on over-the-counter medicines saves the United States health care system $6 to $7 each year, totaling $102 billion in annual savings; and Whereas, Nonprescription medicines help to ease the burden on health care practitioners, eliminating unnecessary medical examinations that could be avoided with appropriate self-care; and Whereas, Michigan benefits when its citizens practice appropriate self-care; do not unnecessarily visit health care practi­ tioners; and are empowered by higher self-esteem, improved health, and reduced use of health care services; and Whereas, Michigan encourages its citizens to take advantage of the potential for self-care to improve personal and public health, save personal and public treasury, and strengthen the sustainability of the Michigan health care system; and Whereas, Achieving the potential of self-care is a shared opportunity for consumers, health care practitioners, policy­ makers, and regulators; now, therefore, be it Resolved by the Senate, That we recognize the importance of improving awareness of self-care and the value it represents to the citizens of Michigan; acknowledge that over-the-counter medicines can greatly improve and reduce costs to the public health system; and encourage consumers, health care practitioners, policymakers, and regulators to communicate the benefits of self-care; and be it further Resolved, That we recognize February 2016 as Self-Care Month in Michigan. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Booher, Brandenburg, Gregory, Hansen, Hertel, Marleau, O’Brien and Warren were named co‑sponsors of the resolution. Senators Ananich, Bieda, Hood, Hopgood, Johnson, Young, Hertel, Warren, Knezek and Gregory offered the following concurrent resolution: Senate Concurrent Resolution No. 26. A concurrent resolution to grant subpoena power to the Joint Select Committee on the Flint Water Public Health Emer­ gency. Whereas, Section 1 of 1931 PA 118, MCL 4.101, provides, in part: “Committees and commissions of or appointed by the legislature may by resolution of the legislature be authorized to administer oaths, subpoena witnesses and/or to examine the books and records of any persons, partnerships or corporations involved in a matter properly before any of such committees or commissions.” ; and Whereas, Section 1 of 1952 PA 46, MCL 4.541, provides, in part: “…any standing or select committee of the senate or the house of representatives, and any joint select committee of the senate and house of representatives, shall be authorized to subpoena and have produced before any such committee, or inspect the records and files of any state department, board, institution or agency; and it shall be the duty of any state department, board, institution or agency to produce before the committee as required by the subpoena, or permit the members of any such committee to inspect its records and files.” ; now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That, pursuant to MCL 4.101 and MCL 4.541, we hereby grant subpoena power to the Joint Select Committee on the Flint Water Public Health Emergency created by Senate Concurrent Resolution No. 24. Pursuant to rule 3.204, the concurrent resolution was referred to the Committee on Government Operations. Introduction and Referral of Bills Senator Hildenbrand introduced Senate Bill No. 823, entitled A bill to make appropriations for various state departments and agencies; the judicial branch, and the legislative branch for the fiscal years ending September 30, 2017; to provide anticipated appropriations for the fiscal year ending September 30, 2018; to provide a nonbinding schedule of programs; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. No. 21] [March 1, 2016] JOURNAL OF THE SENATE 271 Senator Hildenbrand introduced Senate Bill No. 824, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 4, 6, 11, 11a, 11j, 11k, 11m, 15, 18, 19, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25f, 25g, 26a, 26b, 26c, 31a, 31d, 31f, 32d, 32p, 35, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 55, 56, 61a, 61b, 62, 64b, 65, 67, 74, 81, 94, 94a, 95a, 98, 99h, 99s, 101, 102d, 104, 104b, 104c, 107, 147, 147a, 147c, 152a, 166b, 201, 202a, 203, 206, 207a, 207b, 207c, 209, 210b, 217, 219, 220, 222, 224, 225, 226, 229a, 230, 236, 236b, 236c, 237b, 241, 242, 245, 246, 252, 254, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274c, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, and 290 (MCL 388.1604, 388.1606, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1619, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622g, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1635, 388.1635a, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1655, 388.1656, 388.1661a, 388.1661b, 388.1662, 388.1664b, 388.1665, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699h, 388.1699s, 388.1701 388.1702d, 388.1704, 388.1704b, 388.1704c, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1766b, 388.1801, 388.1802a, 388.1803, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810b, 388.1817, 388.1819, 388.1820, 388.1822, 388.1824, 388.1825, 388.1826, 388.1829a, 388.1830, 388.1836, 388.1836b, 388.1836c, 388.1837b, 388.1841, 388.1842, 388.1845, 388.1846, 388.1852, 388.1854, 388.1856, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874c, 388.1875, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, 388.1890), sections 4, 203, 219, 220, 242, and 254 as amended and section 237b as added by 2012 PA 201, sections 6, 21f, 31a, 32d, and 107 as amended by 2015 PA 139, sections 11, 11a, 11j, 11k, 11m, 15, 20, 20d, 20f, 20g, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25f, 26a, 26b, 26c, 31d, 31f, 32p, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b, 74, 81, 94, 94a, 95a, 98, 99h, 101, 104, 104b, 104c, 147, 147a, 147c, 152a, 201, 206, 207a, 207b, 207c, 209, 210b, 217, 222, 225, 226, 229a, 230, 236, 236b, 236c, 241, 246, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 25g, 35, 35a, 55, 61b, 65, 67, 99s, 102d, 104d, and 274c as added by 2015 PA 85, section 18 as amended by 2015 PA 114, sections 19, 202a, 224, 245, and 275 as amended by 2014 PA 196, section 166b as amended by 2012 PA 130, section 290 as amended by 2013 PA 60, and by adding sections 11s, 20j, 21, 54b, 61c, and 78; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senators Brandenburg, Green, Shirkey, Emmons, Hune and Colbeck introduced Senate Bill No. 825, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 57aa. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senators Colbeck, Jones, Horn, Schuitmaker, Shirkey and Zorn introduced Senate Bill No. 826, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding sections 1278e and 1278f. The bill was read a first and second time by title and referred to the Committee on Education. Senators Casperson, Nofs, Green, Booher, Colbeck and Robertson introduced Senate Bill No. 827, entitled A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 33, 39a, 40, 41, 42, 43, 44, 45, and 47 (MCL 24.233, 24.239a, 24.240, 24.241, 24.242, 24.243, 24.244, 24.245, and 24.247), sections 33 and 47 as amended and section 39a as added by 1999 PA 262, section 40 as amended by 2011 PA 243, sections 41 and 42 as amended by 2004 PA 491, section 43 as amended by 1989 PA 288, section 44 as amended by 2004 PA 23, and sec­ tion 45 as amended by 2013 PA 200, and by adding sections 65 and 66. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senators Zorn, Schmidt and Schuitmaker introduced Senate Bill No. 828, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7333a (MCL 333.7333a), as amended by 2012 PA 44. The bill was read a first and second time by title and referred to the Committee on Health Policy. 272 JOURNAL OF THE SENATE [March 1, 2016] [No. 21 Senators Ananich, Bieda, Hertel, Hopgood, Hood, Young, Warren, Gregory, Knezek and Johnson introduced Senate Bill No. 829, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3101, 3102, 3112, 3113, and 3120 (MCL 324.3101, 324.3102, 324.3112, 324.3113, and 324.3120), section 3101 as amended by 2015 PA 247, section 3112 as amended by 2005 PA 33, section 3113 as amended by 2004 PA 91, and section 3120 as amended by 2015 PA 82, and by adding section 3102a. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Young, Bieda, Hertel, Ananich, Hopgood, Hood, Warren, Gregory, Knezek and Johnson introduced Senate Bill No. 830, entitled A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 3 (MCL 325.1003). The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Hopgood, Bieda, Ananich, Hood, Young, Warren, Gregory, Hertel, Knezek and Johnson introduced Senate Bill No. 831, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 5501 and 5522 (MCL 324.5501 and 324.5522), section 5501 as amended by 1998 PA 245 and section 5522 as amended by 2015 PA 60, and by adding sections 5501b and 5501d. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 5050, entitled A bill to repeal 1929 PA 72, entitled “An act to encourage the breeding of horses; to regulate the public service of stallions; to require the registration of stallions; to provide for the compilation and publication of statistics relative to horse breeding; to provide for a lien; to provide penalties for the violation of this act; and to repeal Act No. 256 of the Public Acts of 1911, as amended by Act No. 75 of the Public Acts of 1921,” (MCL 287.201 to 287.210). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Agriculture. House Bill No. 5051, entitled A bill to repeal 1889 PA 226, entitled “An act to provide for the collection of specific taxes from corporations, copart­ ner­ships, parties or persons, subject under any laws of this state to the payment of such taxes; to fix the time when such taxes become a lien upon the property of such corporations, copartnerships, parties or persons, and to define the property to which the lien shall attach; and to repeal Act No. 57 of the session laws of 1872, approved March twenty-ninth, 1872, and Acts No. 10 and 11 of the session laws of 1873, approved February fourteenth, 1873, being sections numbered 1249 to 1256, both inclusive, of Howell’s annotated statutes of 1882,” (MCL 207.441 to 207.447). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Agriculture. House Bill No. 5052, entitled A bill to repeal 1913 PA 340, entitled “An act to prevent and punish the sale of immature and unwholesome calves, pigs, kids and lambs,” (MCL 289.251 to 289.253). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Agriculture. House Bill No. 5053, entitled A bill to amend 1939 PA 309, entitled “An act to provide for the regulation, registration, identification and licensing of dogs; to prescribe the powers and duties of the commissioner of agriculture with respect thereto; to prescribe penalties for violation of the provisions of this act; and to declare the effect of this act,” by repealing sections 1, 2, 3, 4, 5, 6, and 7 (MCL 287.301, 287.302, 287.303, 287.304, 287.305, 287.306, and 287.307). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Agriculture. No. 21] [March 1, 2016] JOURNAL OF THE SENATE 273 House Bill No. 5054, entitled A bill to amend 1931 PA 189, entitled “The insect pest and plant disease act,” by repealing section 12 (MCL 286.212). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Agriculture. House Bill No. 5055, entitled A bill to repeal 1983 PA 220, entitled “An act to authorize the department of agriculture to acquire for purposes of eminent domain any interests in property necessary to remove and dispose of silos treated with polychlorinated biphenyls; to require the execution of a subrogation agreement under certain circumstances; to create a fund; and to prescribe the powers and duties of the attorney general,” (MCL 288.451 to 288.454). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Agriculture. Statements Senator Hood asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Hood’s statement is as follows: I rise before you today to speak of a gentleman who was a former Detroit City Council president and Detroit police officer, and his name is Gil Hill. He passed yesterday. He was 84 years old and the cause of death was respiratory illness. He had been battling respiratory illness for the last two years. To many people in Detroit and around the world, Hill was known as Inspector Todd in the Beverly Hills Cop films. In those movies, he played the boss of Eddie Murphy’s character, Axel Foley. Hill’s life began November 6, 1931, in Birmingham, Alabama. His mother, Mary Lee Hill, raised him and his sister, Toni Patricia Hill. In 1950, he joined the Air Force. Hill had been stationed at Selfridge Air National Guard Base and fell in love with Detroit. He would return to Detroit in 1953 following his discharge from the Air Force. He tried several jobs before joining the Wayne County Sheriff’s Department in 1957. Two years before then, he married Delores Hooks, who sang in a local church choir. In 1959, he joined the Detroit Police Department. Ten years later, in 1969, Hill was promoted to detective. The following year, he was assigned to the homicide division. Hill earned the reputation of being the city’s top detective, capable of charming confessions out of the most notorious killers. In 1980, Hill’s previous involvement in solving the Browning Gang Murders, which involved 15 victims, made him one of the super cops selected from around the country to go to Atlanta to help solve the Atlanta child murders. The case brought Hill to national prominence. The murders of over two dozen black children, teenagers, and adults began in the summer of 1979 and continued into 1981. In 1982, Wayne Williams was convicted of the murders. By then, Hill had returned to Detroit, where he was promoted to inspector and took over the city’s homicide unit. In 1984, Hollywood brought Hill international fame when Hill got the role of Inspector Todd in Beverly Hills Cop, a role he came back for in two sequels. He retired in 1989 and was elected to the Detroit City Council shortly after. He served the council until 2004. He was involved in a lot of important issues that transpired in the city of Detroit. He was very instrumental in bringing gaming and the oversight of gaming into the city of Detroit. You could see him a lot of days in the back of Fishbone’s restaurant, where he and a lot of other individuals were making important decisions about Detroit’s future. Gil Hill spent more than 40 years serving our city in the Detroit Police Department and as a member of the Detroit City Council. He never stopped believing in our city, and he dedicated his life to making our city a better place for all. I stand before you here today and say that we lost a great humanitarian, a great supporter of the city of Detroit, and a great supporter of the state of Michigan, in which he dedicated his life to helping everyone. His leadership will be missed, and our condolences go out to his family. A moment of silence was observed in honor of Gil Hill, former Detroit City Council president and Detroit police officer. Committee Reports COMMITTEE ATTENDANCE REPORT he Subcommittee on Higher Education submitted the following: T Joint meeting held on Monday, February 29, 2016, at 1:00 p.m., Curtiss Hall, Conference Room A, Saginaw Valley State University, 7400 Bay Road, University Center Present: Senators Schuitmaker (C), MacGregor and Hertel 274 JOURNAL OF THE SENATE [March 1, 2016] [No. 21 COMMITTEE ATTENDANCE REPORT he Subcommittee on State Police and Military Affairs submitted the following: T Meeting held on Tuesday, March 1, 2016, at 8:30 a.m., Rooms 402 and 403, Capitol Building Present: Senators Nofs (C), Colbeck and Knezek Scheduled Meetings Appropriations - Wednesday, March 2, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-1801) Subcommittees Agriculture and Rural Development - Tuesdays, March 8, March 15, and March 22, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Community Colleges - Friday, March 18, 1:00 p.m., Kirtland Community College, Rooms 251-252, Adminis­tra­ tion Build­ ing, 10775 N. Saint Helen Road, Roscommon; and Wednesday, March 23, 9:00 a.m., Room 100, Farnum Building (373-2768) Corrections - Wednesday, March 2, 12:30 p.m., Room 405, Capitol Building (373-2768) Environmental Quality - Wednesday, March 2, 11:30 a.m., Room 100, Farnum Building (373-2768) General Government - Thursday, March 3, 8:30 a.m., Room 100, Farnum Building (373-2768) Health and Human Services - Thursday, March 3, 1:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Build­ing; Tuesday, March 8, 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower; and Thursday, March 10, 1:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Higher Education and House Higher Education Appropriations Subcommittee - Wednesday, March 2, 3:00 p.m. or later after committees are given leave by the House to meet, Rooms 402 and 403, Capitol Building (373-2768) K-12, School Aid, Education - Wednesday, March 2, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Judiciary - Wednesday, March 2, 9:00 a.m., Room 405, Capitol Building (373-2768) Licensing and Regulatory Affairs - Thursday, March 3, 1:00 p.m., Room 100, Farnum Building (373-2768) Natural Resources - Wednesday, March 2, 3:00 p.m., Room 110, Farnum Building (373-2768) State Police and Military Affairs - Tuesdays, March 8 and March 15, 8:30 a.m., Rooms 402 and 403; March 22, 8:30 a.m., Room 405; and May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursdays, March 3, March 10, March 17, and March 24, 9:00 a.m., Harry T. Gast Appropria­ tions Room, 3rd Floor, Capitol Building (373-2768) Commerce - Wednesday, March 2, 8:30 a.m., Room 210, Farnum Building (373-5312) Criminal Justice Policy Commission - Wednesday, March 2, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Finance - Tuesday, March 8, 2:30 p.m., Room 210, Farnum Building (373-5312) Legislative Council - Thursday, March 17, 9:30 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-0212) Outdoor Recreation and Tourism - Wednesday, March 2, 12:30 p.m., Room 210, Farnum Building (373-1721) Oversight and Veterans, Military Affairs and Homeland Security - Thursday, March 3, 2:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5314) Transportation - Thursday, March 3, 8:30 a.m., Room 210, Farnum Building (373-5312) Veterans, Military Affairs and Homeland Security and Oversight - Thursday, March 3, 2:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5314) No. 21] [March 1, 2016] JOURNAL OF THE SENATE 275 enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:37 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, March 2, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 276 No. 22 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Wednesday, March 2, 2016. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 278 JOURNAL OF THE SENATE [March 2, 2016] [No. 22 enator Kenneth B. Horn of the 32nd District offered the following invocation: S Father, we thank You for the opportunity to meet here today and conduct the business of the great state of Michigan. We thank You for Your many blessings and for our safe travel to this chamber. We thank You for this beautiful, crisp, clear winter. We thank You today for the many opportunities brought before this body. We pray that You give us wisdom, Lord, as with great opportunity comes great responsibility. We ask that You bless these proceedings, that You would be here, present in a way that would result in Your will being accomplished. Finally, we ask that You protect those who serve in our armed forces, and remember those who sacrificed their lives for us. We pray for those away from home and ask that they find strength in You. We ask these things in Your perfect name. Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Young, Smith and Pavlov entered the Senate Chamber. The following communication was received and read: Office of the Auditor General nclosed is a copy of the following audit report: E •  Performance audit report on Prisoner Transportation, Department of Corrections. Sincerely, Doug Ringler Auditor General The audit report was referred to the Committee on Government Operations. February 29, 2016 The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, March 1: House Bill Nos. 4436 4874 5059 5060 5128 5189 5190 5191 5202 The Secretary announced that the following bills were printed and filed on Tuesday, March 1, and are available at the Michigan Legislature website: Senate Bill Nos. 823 824 825 826 827 828 829 830 831 House Bill Nos. 5401 5402 5403 5404 5405 5406 5407 5408 Senator Kowall moved that Senators Booher, Casperson, Green, Hansen and Shirkey be temporarily excused from today’s session. The motion prevailed. enator Hood moved that Senator Johnson be temporarily excused from today’s session. S The motion prevailed. Senators Booher, Green, Shirkey and Casperson entered the Senate Chamber. Messages from the Governor The following message from the Governor was received: Date: March 1, 2016 Time: 10:02 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 503 (Public Act No. 26), being An act to amend 1939 PA 288, entitled “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe No. 22] [March 2, 2016] JOURNAL OF THE SENATE 279 the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,” by amending sections 3, 7, 13, 15, and 25 of chapter XIIB (MCL 712B.3, 712B.7, 712B.13, 712B.15, and 712B.25), as added by 2012 PA 565. (Filed with the Secretary of State on March 1, 2016, at 2:17 p.m.) Respectfully, Rick Snyder Governor By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Horn as Chairperson. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 656, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 901 (MCL 339.901), as amended by 2014 PA 560. Senate Bill No. 657, entitled A bill to amend 1981 PA 70, entitled “An act to regulate the collection practices of certain persons; to provide for the powers and duties of certain state agencies; and to provide penalties and civil fines,” by amending section 1 (MCL 445.251). The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendments, the following bill: Senate Bill No. 672, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5109 (MCL 700.5109), as added by 2011 PA 61. The following are the amendments recommended by the Committee of the Whole: 1. Amend page 2, line 17, after “section” by striking out the comma and ““recreational” and inserting a colon and: “(A) “CAMPING ACTIVITY” MEANS AN OUTDOOR RECREATION ACTIVITY PLANNED AND CARRIED OUT BY THE OWNER AND OPERATOR OF A CAMP. (B) “RECREATIONAL”. 2. Amend page 2, line 19, by striking out “CAMPING ACTIVITIES” and inserting “A CAMPING ACTIVITY”. The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senator Hansen entered the Senate Chamber. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 51, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 8a. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. The President, Lieutenant Governor Calley, assumed the Chair. 280 JOURNAL OF THE SENATE [March 2, 2016] [No. 22 Senate Bill No. 150, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406t. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 Senate Resolution No. 12 The motion prevailed. enator Nofs offered the following resolution: S Senate Resolution No. 151. A resolution of tribute offered to honor John Quackenbush upon the end of his term on the Michigan Public Service Commission. Whereas, It is a great pleasure to extend this expression of our thanks and appreciation to John Quackenbush for his long­ standing commitment to public service and outstanding leadership as chairman of the Michigan Public Service Commis­sion; and Whereas, Commissioner Quackenbush serves on several committees of the National Association of Regulatory Utility Commissioners, is a member of the Advisory Council for the Gas Technology Institute, served as a board member of the Society of Utility and Regulatory Financial Analysts, and was appointed to the Technical Hazardous Liquid Pipeline Safety Standards Committee of the United States Department of Transportation; and Whereas, In 2011, Commissioner Quackenbush was named a TopGun U.S. Industries Investment Mind by Brendan Wood International, and he is a member of the CFA Institute and CFA Society of Chicago; and Whereas, Prior to his appointment by Governor Snyder, Commissioner Quackenbush served in several senior financial analyst roles with the Illinois Commerce Commission, served as a manager of the Sprint Corporation Treasury Department and Sprint Corporation Local Telecom Division, and most recently worked for UBS Global Asset Management as managing director and senior investment analyst responsible for equity research for the transportation, utilities, and coal industries in the United States and Canada; and Whereas, Commissioner Quackenbush’s vision, integrity, and intelligence have earned him well-deserved recognition and our deepest appreciation; and Whereas, We wish John the best of health, happiness, and success in all his future endeavors; now, therefore, be it Resolved by the Senate, That we offer this expression of our highest tribute to honor John Quackenbush; and be it further Resolved, That a copy of this resolution by transmitted to John Quackenbush as a token of our esteem. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Gregory, Hansen, Horn, Kowall, Marleau, O’Brien and Proos were named co‑sponsors of the resolution. Introduction and Referral of Bills Senators Colbeck, Green, Casperson, Marleau and Shirkey introduced Senate Bill No. 832, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 931 (MCL 168.931), as amended by 1996 PA 583. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. No. 22] [March 2, 2016] JOURNAL OF THE SENATE 281 Senators Hansen, Booher, Hertel, Colbeck, Jones, Nofs, O’Brien and Zorn introduced Senate Bill No. 833, entitled A bill to amend 1966 PA 291, entitled “Firefighters training council act,” by amending sections 2, 13, and 14 (MCL 29.362, 29.373, and 29.374), as amended by 2006 PA 213. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Proos introduced Senate Bill No. 834, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278c (MCL 380.1278c), as added by 2014 PA 288. The bill was read a first and second time by title and referred to the Committee on Education. Senators O’Brien, Jones, Hertel, Hopgood and Marleau introduced Senate Bill No. 835, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307. The bill was read a first and second time by title and referred to the Committee on Education. Senators Jones, O’Brien, Hertel, Hopgood and Marleau introduced Senate Bill No. 836, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307c. The bill was read a first and second time by title and referred to the Committee on Education. Senators Hertel, O’Brien, Jones, Hopgood and Marleau introduced Senate Bill No. 837, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307h. The bill was read a first and second time by title and referred to the Committee on Education. Senators Hopgood, O’Brien, Jones, Hertel and Marleau introduced Senate Bill No. 838, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307i. The bill was read a first and second time by title and referred to the Committee on Education. Senator Schmidt introduced Senate Bill No. 839, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 72101, 72115, and 81133 (MCL 324.72101, 324.72115, and 324.81133), section 72101 as amended by 2014 PA 211, section 72115 as amended by 2014 PA 213, and section 81133 as amended by 2014 PA 147, and by adding section 72117; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. House Bill No. 4436, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 323 (MCL 257.323), as amended by 2001 PA 159. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4874, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding sec­ tion 9a. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Transportation. 282 JOURNAL OF THE SENATE [March 2, 2016] [No. 22 House Bill No. 5059, entitled A bill to repeal 1962 PA 213, entitled “An act to encourage the raising of started pullets; to provide for the inspection and certification as to the age, condition and health of started pullets; to define certain terms; to provide authority to establish and collect fees; to impose certain responsibilities on the department of agriculture; to grant authority to make rules and regulations to carry out the purpose of this act; and to prescribe penalties for violation thereof,” (MCL 287.171 to 287.175). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Agriculture. House Bill No. 5060, entitled A bill to repeal 1929 PA 134, entitled “An act to provide for the regulation of the sale of live stock and poultry remedies, defining same; to provide for their licensing and registration, labeling, inspection and analyses; to prohibit the sale of fraudulent or adulterated remedies; to provide for guarantees regarding ingredients; to provide for the collection of license fees from manufacturers of or dealers in these remedies; to provide for penalties for the violation of the provisions of this act; to authorize the expenditure of the funds derived from the license fees, and repeal all acts or parts of acts in conflict,” (MCL 287.141 to 287.150). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Agriculture. House Bill No. 5128, entitled A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2015 PA 20. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 5189, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 36101, 36104, 36109, and 36110 (MCL 324.36101, 324.36104, 324.36109, and 324.36110), section 36101 as amended by 2008 PA 336, sections 36104 and 36110 as amended by 1996 PA 233, and section 36109 as amended by 2007 PA 174; and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Agriculture. House Bill No. 5190, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 51 (MCL 206.51), as amended by 2015 PA 180, and by adding section 312. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Agriculture. House Bill No. 5191, entitled A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 30 (MCL 205.30), as amended by 2014 PA 424. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Agriculture. No. 22] [March 2, 2016] JOURNAL OF THE SENATE 283 House Bill No. 5202, entitled A bill to create a young adult commission; and to prescribe its powers and duties. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Commerce. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:25 a.m. 10:36 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator Johnson entered the Senate Chamber. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the following bill be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 496 The motion prevailed. The following bill was read a third time: Senate Bill No. 496, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 312a (MCL 257.312a), as amended by 2013 PA 177. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 82 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. 284 JOURNAL OF THE SENATE [March 2, 2016] [No. 22 Committee Reports The Committee on Local Government reported Senate Bill No. 610, entitled A bill to amend 1978 PA 59, entitled “Condominium act,” by amending section 67 (MCL 559.167), as amended by 2002 PA 283. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Proos and Rocca Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, March 1, 2016, at 1:00 p.m., Room 210, Farnum Building Present: Senators Zorn (C), Proos, Rocca and Young Excused: Senator Brandenburg The Committee on Education reported Senate Bill No. 405, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1311 and 1561 (MCL 380.1311 and 380.1561), section 1311 as amended by 2008 PA 1 and section 1561 as amended by 2009 PA 204. With the recommendation that the bill be referred to the Committee on Families, Seniors and Human Services. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher and Colbeck Nays: None The bill was referred to the Committee on Families, Seniors and Human Services. The Committee on Education reported Senate Bill No. 406, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1586 (MCL 380.1586). With the recommendation that the bill be referred to the Committee on Families, Seniors and Human Services. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher and Colbeck Nays: None The bill was referred to the Committee on Families, Seniors and Human Services. The Committee on Education reported Senate Bill No. 407, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1310a (MCL 380.1310a), as amended by 2000 PA 230. With the recommendation that the bill be referred to the Committee on Families, Seniors and Human Services. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher and Colbeck Nays: None The bill was referred to the Committee on Families, Seniors and Human Services. No. 22] [March 2, 2016] JOURNAL OF THE SENATE 285 The Committee on Education reported Senate Bill No. 408, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 2 of chapter XIIA (MCL 712A.2), as amended by 2014 PA 342. With the recommendation that the bill be referred to the Committee on Families, Seniors and Human Services. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher and Colbeck Nays: None The bill was referred to the Committee on Families, Seniors and Human Services. COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, March 1, 2016, at 12:00 noon, Room 210, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek The Committee on Health Policy reported House Bill No. 4792, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16171 (MCL 333.16171), as amended by 1985 PA 82. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Tuesday, March 1, 2016, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood COMMITTEE ATTENDANCE REPORT he Committee on Banking and Financial Institutions submitted the following: T Meeting held on Tuesday, March 1, 2016, at 2:30 p.m., Room 100, Farnum Building Present: Senators Booher (C), O’Brien, Nofs, Zorn, Rocca and Young Excused: Senators MacGregor and Hertel COMMITTEE ATTENDANCE REPORT he Subcommittee on Health and Human Services submitted the following: T Meeting held on Tuesday, March 1, 2016, at 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Marleau (C), MacGregor, Proos, Shirkey, Hansen and Hertel Excused: Senator Gregory COMMITTEE ATTENDANCE REPORT he Subcommittee on Agriculture and Rural Development submitted the following: T Meeting held on Tuesday, March 1, 2016, at 3:00 p.m., Room 405, Capitol Building Present: Senators Green (C), Stamas and Hopgood 286 JOURNAL OF THE SENATE [March 2, 2016] [No. 22 COMMITTEE ATTENDANCE REPORT he Committee on Commerce submitted the following: T Meeting held on Wednesday, March 2, 2016, at 8:30 a.m., Room 210, Farnum Building Present: Senators Schmidt (C), Kowall, MacGregor, O’Brien and Hertel COMMITTEE ATTENDANCE REPORT he Subcommittee on K-12, School Aid, and Education submitted the following: T Meeting held on Wednesday, March 2, 2016, at 8:30 a.m., Rooms 402 and 403, Capitol Building Present: Senators Hansen (C), Pavlov and Hopgood COMMITTEE ATTENDANCE REPORT he Subcommittee on Judiciary submitted the following: T Meeting held on Wednesday, March 2, 2016, at 9:00 a.m., Room 405, Capitol Building Present: Senators Proos (C), Schuitmaker and Young Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesdays, March 8, March 15, and March 22, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Community Colleges - Friday, March 18, 1:00 p.m., Kirtland Community College, Rooms 251-252, Administra­ tion Build­ ing, 10775 N. Saint Helen Road, Roscommon; and Wednesday, March 23, 9:00 a.m., Room 100, Farnum Building (373-2768) General Government - Thursday, March 3, 8:30 a.m., Room 100, Farnum Building (373-2768) Health and Human Services - Thursday, March 3, and Tuesday, March 8, 2:30 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building; and Thursday, March 10, 1:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) K-12, School Aid, Education - Wednesday, March 9, 8:45 a.m. or later after conclusion of House/Senate K-12 Appropriations Subcommittee meeting, Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) K-12, School Aid, Education and House School Aid Appropriations Subcommittee - Wednesday, March 9, 8:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Licensing and Regulatory Affairs - Thursday, March 3, 1:00 p.m., Room 100, Farnum Building (373-2768) State Police and Military Affairs - Tuesdays, March 8 and March 15, 8:30 a.m., Rooms 402 and 403; March 22, 8:30 a.m., Room 405; and May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursdays, March 3, March 10, March 17, and March 24, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Elections and Government Reform - Thursday, March 3, 9:00 a.m., Room 110, Farnum Building (373-1721) Finance - Tuesday, March 8, 2:30 p.m., Room 210, Farnum Building (373-5312) Legislative Council - Thursday, March 17, 9:30 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-0212) Local Government - Tuesday, March 8, 12:30 p.m., Room 100, Farnum Building (373-5312) Oversight and Veterans, Military Affairs and Homeland Security, House Military and Veterans Affairs, and House Oversight and Ethics - Thursday, March 3, 2:00 p.m., House Appropriations Room, 3rd Floor, Capitol Building (373-5314) No. 22] [March 2, 2016] JOURNAL OF THE SENATE 287 Transportation - Thursday, March 3, 8:30 a.m., Room 210, Farnum Building (373-5312) Veterans, Military Affairs and Homeland Security, Oversight, House Military and Veterans Affairs, and House Over­ sight and Ethics - Thursday, March 3, 2:00 p.m., House Appropriations Room, 3rd Floor, Capitol Building (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:38 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, March 3, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 288 No. 23 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Thursday, March 3, 2016. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 290 JOURNAL OF THE SENATE [March 3, 2016] [No. 23 Reverend Alan Eisinger of Holy Cross Lutheran Church of Warren offered the following invocation: O God, our times are in Your hands. May Your face shine on these men and women whom You have called to serve You in the civil realm. Bless them with dreams and visions of all that they can become as individuals and all that our beloved state of Michigan can become. Grant them good health, mental acumen, and emotional well-being. Endow them with the fruits of Your Spirit; joy in their service; peace in their actions; patience with all, including themselves; faithfulness to You, their ideals, one another, and their constituents; gentleness with their opponents and detractors; and self-control in thought, word, and deed. May all that they accomplish be pleasing in Your sight and to the welfare of our people. Into Your hands we commend ourselves and all things. Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Booher, Green and Young entered the Senate Chamber. enator Kowall moved that Senators Casperson and Nofs be temporarily excused from today’s session. S The motion prevailed. The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, March 2: House Bill Nos. 4898 5107 The Secretary announced that the following bills were printed and filed on Wednesday, March 2, and are available at the Michigan Legislature website: Senate Bill Nos. 832 833 834 835 836 837 838 839 House Bill Nos. 5409 5410 5411 5412 5413 5414 5415 5416 5417 5418 5419 5420 5421 5422 5423 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator MacGregor as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4887, entitled A bill to amend 2000 PA 161, entitled “Michigan education savings program act,” by amending section 9 (MCL 390.1479), as amended by 2007 PA 153. Senate Bill No. 751, entitled A bill to amend 1999 PA 276, entitled “Banking code of 1999,” by amending section 4111 (MCL 487.14111), as added by 2014 PA 399. Senate Bill No. 752, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 315a and 376a (MCL 750.315a and 750.376a), as amended by 2014 PA 400. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 748, entitled A bill to amend 1999 PA 276, entitled “Banking code of 1999,” by amending the title and sections 2202 and 2203 (MCL 487.12202 and 487.12203). Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. No. 23] [March 3, 2016] JOURNAL OF THE SENATE 291 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 749, entitled A bill to amend 1999 PA 276, entitled “Banking code of 1999,” by amending section 1201 (MCL 487.11201). Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 750, entitled A bill to amend 1999 PA 276, entitled “Banking code of 1999,” by amending section 4301 (MCL 487.14301). Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senators Casperson and Nofs entered the Senate Chamber. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 444, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding part 209A. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 471, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8134 (MCL 600.8134), as amended by 2014 PA 60. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 472, entitled A bill to amend 1999 PA 244, entitled “An act to require tobacco product manufacturers to place funds in escrow for medical expenses incurred by the state due to tobacco related illnesses; to establish a formula for determining the amount of the escrow; to establish the conditions for release of funds from escrow; to prescribe powers and duties of the attorney general; and to provide for civil penalties for violation of this act,” by amending sections 1 and 2 (MCL 445.2051 and 445.2052), section 2 as amended by 2003 PA 286. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 83 Ananich Bieda Yeas—38 Hertel Kowall Rocca Hildenbrand MacGregor Schmidt 292 JOURNAL OF THE SENATE [March 3, 2016] [No. 23 Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 473, entitled A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” (MCL 205.421 to 205.436) by adding section 6e. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 84 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 No. 23] [March 3, 2016] JOURNAL OF THE SENATE 293 Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 644, entitled A bill to amend 1987 PA 230, entitled “Municipal health facilities corporations act,” by amending section 305a (MCL 331.1305a), as added by 2010 PA 331. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 85 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—1 Colbeck Excused—0 Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. 294 JOURNAL OF THE SENATE [March 3, 2016] [No. 23 Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 332 Senate Bill No. 333 Senate Bill No. 656 Senate Bill No. 657 Senate Bill No. 672 The motion prevailed. The following bill was read a third time: Senate Bill No. 332, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 703 (MCL 436.1703), as amended by 2012 PA 125. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 86 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Shirkey Casperson Horn Meekhof Smith Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Nays—2 Green Schuitmaker Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 333, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 319 (MCL 257.319), as amended by 2015 PA 11. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 23] [March 3, 2016] JOURNAL OF THE SENATE Roll Call No. 87 295 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Shirkey Casperson Horn Meekhof Smith Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Nays—2 Green Schuitmaker Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 656, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 901 (MCL 339.901), as amended by 2014 PA 560. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 88 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 296 JOURNAL OF THE SENATE [March 3, 2016] [No. 23 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 657, entitled A bill to amend 1981 PA 70, entitled “An act to regulate the collection practices of certain persons; to provide for the powers and duties of certain state agencies; and to provide penalties and civil fines,” by amending section 1 (MCL 445.251). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 89 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 672, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5109 (MCL 700.5109), as added by 2011 PA 61. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 90 Ananich Bieda Yeas—38 Hertel Hildenbrand Kowall Rocca MacGregor Schmidt No. 23] [March 3, 2016] JOURNAL OF THE SENATE 297 Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 Senate Resolution No. 12 The motion prevailed. Senators Gregory, Marleau, Robertson, Knollenberg, Kowall, Schmidt, Zorn, Green and Bieda offered the following resolution: Senate Resolution No. 152. A resolution recognizing the 50th Anniversary of the Oakland County Parks and Recreation Commission. Whereas, The Oakland County Parks and Recreation Commission will celebrate its 50th Anniversary on April 5, 2016, at the Commission meeting to be held at Glen Oaks County Park in Farmington Hills, Michigan; and Whereas, The Oakland County Parks and Recreation Commission was established under 1965 PA 261 on February 8, 1966; and Whereas, The Oakland County Park System was created on April 8, 1966, and the first .25 mill levy to support the system was approved on November 8, 1966; and Whereas, Every millage request has been approved by Oakland County voters; the most recent in 2010 with 76 percent of the vote and was the highest approval rate ever; and Whereas, The current park system consists of: • 13 parks totaling 6,700 acres and 65 miles of natural and paved trails; • 5 golf courses (Glen Oaks, Lyon Oaks, Red Oaks, Springfield Oaks, and White Lake Oaks); • 3 dog parks (Lyon Oaks, Orion Oaks, and Red Oaks); • 2 waterparks (Red Oaks and Waterford Oaks); • 2 nature centers (Red Oaks and Independence Oaks); • 2 full-service campgrounds (Addison Oaks and Groveland Oaks); • 5 day use parks (Catalpa Oaks, Highland Oaks, Independence Oaks, Orion Oaks, and Rose Oaks); and • The Oakland County Farmers Market; and Whereas, The Mobile Recreation Program includes trailers that will bring you a portable zipline, two climbing towers, five inflatable fun packages, three mobile stages, and three transit buses; and 298 JOURNAL OF THE SENATE [March 3, 2016] [No. 23 Whereas, The Oakland County Parks and Recreation Commission has been the innovative leader providing 50 years of innovative parks and facilities for its residents; and Whereas, From the development of the first wave pool in Michigan at Waterford Oaks to building a golf course over the Red Run Drain, creating the first countywide program for adaptive recreation and originating the Great Marshmallow Drop in 1978, the Oakland County Parks and Recreation Commission has been the leader in developing unique opportunities within its borders for families to enjoy; now, therefore, be it Resolved by the Senate, That the members of this legislative body recognize the 50th Anniversary of the Oakland County Parks and Recreation Commission; and be it further Resolved, That copies of this resolution be transmitted to the Oakland County Parks and Recreation Commission as a token of our esteem. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Booher, Brandenburg and Hopgood were named co‑sponsors of the resolution. Senators Knezek, Gregory, Hood, Ananich, Young, Warren, Bieda, Hopgood, Hertel and Johnson offered the following resolution: Senate Resolution No. 153. A resolution to extend subpoena power to the Senate Oversight Committee and the Senate Veterans, Military Affairs and Homeland Security Committee for the purpose of investigating the quality of care and staffing at the Grand Rapids Home for Veterans. Whereas, The Grand Rapids Home for Veterans is tasked with providing skilled nursing and compassionate care to our military veterans and family members. In February 2016, the Auditor General released a performance audit report identi­ fying multiple issues with care and staffing at the Grand Rapids Home for Veterans; and Whereas, Full access to accurate information is essential for sound decision making by any public or private body; and Whereas, Section 1 of 1931 PA 118, MCL 4.101, provides, in part, that: “Committees and commissions of or appointed by the legislature may by resolution of the legislature be authorized to administer oaths, subpoena witnesses and/or to examine the books and records of any persons, partnerships or corporations involved in a matter properly before any of such committees or commissions.” ; and Whereas, Section 1 of 1952 PA 46, MCL 4.541, provides, in part, that: “...any standing or select committee of the senate or the house of representatives, and any joint select committee of the senate and house of representatives, shall be authorized to subpoena and have produced before any such committee, or inspect the records and files of any state department, board, institution or agency; and it shall be the duty of any state department, board, institution or agency to produce before the committee as required by the subpoena, or permit the members of any such committee to inspect its records and files.” ; and Whereas, Pursuant to Rule 2.102 of the Standing Rules of the Senate, the authority for a committee to issue subpoenas shall be granted by resolution; now, therefore, be it Resolved by the Senate, That, pursuant to MCL 4.101, MCL 4.541, and Rule 2.102 of the Standing Rules of the Senate, we hereby grant subpoena power to the Senate Oversight Committee and the Senate Veterans, Military Affairs and Homeland Security Committee for the purpose of investigating the quality of care and staffing at the Grand Rapids Home for Veterans. The committees may administer oaths, take sworn testimony, and examine the books, files, and records of any persons, partnerships, corporations, state departments, boards, institutions, or agencies related to the committees’ investigation of the Grand Rapids Home for Veterans. Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations. Senator Brandenburg was named co‑sponsor of the resolution. Introduction and Referral of Bills Senators Hertel, Rocca, Ananich, O’Brien, Smith, Bieda, Gregory, Jones, Casperson, Horn, Nofs, Schuitmaker, Warren, Hopgood, Hood, Young, Zorn, Johnson, Hansen, Hune, Kowall, Knezek, Marleau, Green, Colbeck, Brandenburg, Stamas and Schmidt introduced Senate Bill No. 840, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. No. 23] [March 3, 2016] JOURNAL OF THE SENATE 299 Senators Knezek, Schmidt, Bieda, O’Brien and Hertel introduced Senate Bill No. 841, entitled A bill to amend 1976 PA 388, entitled “Michigan campaign finance act,” by amending sections 24, 33, and 35 (MCL 169.224, 169.233, and 169.235), as amended by 2015 PA 269. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senator Robertson introduced Senate Bill No. 842, entitled A bill to amend 1939 PA 21, entitled “Regulatory loan act,” by amending sections 1 and 13 (MCL 493.1 and 493.13), section 1 as amended by 2002 PA 393 and section 13 as amended by 2001 PA 270. The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. Senator Robertson introduced Senate Bill No. 843, entitled A bill to amend 1994 PA 160, entitled “Credit services protection act,” by amending sections 2 and 3 (MCL 445.1822 and 445.1823), section 2 as amended by 2009 PA 97, and by adding section 3a. The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. House Bill No. 4898, entitled A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” by amending sections 1, 2, 5a, 6, 7, and 9 (MCL 287.331, 287.332, 287.335a, 287.336, 287.337, and 287.339), sections 1, 6, 7, and 9 as amended by 1997 PA 7 and section 5a as added by 1980 PA 214, and by adding sections 9c and 9d. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 5107, entitled A bill to create the human trafficking notification act; to require the posting of certain notices relating to human trafficking; to prescribe the powers and duties of certain state and local departments and agencies; and to provide a remedy. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Committee Reports The Committee on Judiciary reported House Bill No. 4187, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 377d; and to repeal acts and parts of acts. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, March 1, 2016, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda 300 JOURNAL OF THE SENATE [March 3, 2016] [No. 23 he Committee on Outdoor Recreation and Tourism reported T Senate Joint Resolution C, entitled A joint resolution proposing an amendment to the state constitution of 1963, by amending section 35 of article IX, to provide for the use of certain revenues generated from leases for the extraction of nonrenewable resources from stateowned lands and to modify the allowable expenditures from the Michigan natural resources trust fund. With the recommendation that the joint resolution be referred to the Committee on Natural Resources. Goeffrey M. Hansen Chairperson To Report Out: Yeas: Senators Hansen, Zorn, Schmidt and Green Nays: None The joint resolution was referred to the Committee on Natural Resources. The Committee on Outdoor Recreation and Tourism reported Senate Bill No. 16, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 1902 and 1903 (MCL 324.1902 and 324.1903), section 1902 as amended by 2012 PA 619 and section 1903 as amended by 2011 PA 117; and to repeal acts and parts of acts. With the recommendation that the bill be referred to the Committee on Natural Resources. Goeffrey M. Hansen Chairperson To Report Out: Yeas: Senators Hansen, Zorn, Schmidt and Green Nays: None The bill was referred to the Committee on Natural Resources. The Committee on Outdoor Recreation and Tourism reported Senate Bill No. 773, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by repealing section 48714 (MCL 324.48714). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Goeffrey M. Hansen Chairperson To Report Out: Yeas: Senators Hansen, Zorn, Schmidt, Green and Johnson Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Outdoor Recreation and Tourism submitted the following: T Meeting held on Wednesday, March 2, 2016, at 12:30 p.m., Room 210, Farnum Building Present: Senators Hansen (C), Zorn, Schmidt, Green and Johnson COMMITTEE ATTENDANCE REPORT he Subcommittee on Environmental Quality submitted the following: T Meeting held on Wednesday, March 2, 2016, at 11:30 a.m., Room 100, Farnum Building Present: Senators Green (C), MacGregor and Hopgood COMMITTEE ATTENDANCE REPORT he Subcommittee on Corrections submitted the following: T Meeting held on Wednesday, March 2, 2016, at 12:30 p.m., Room 405, Capitol Building Present: Senators Proos (C), Knollenberg and Gregory No. 23] [March 3, 2016] JOURNAL OF THE SENATE 301 COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, March 2, 2016, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young COMMITTEE ATTENDANCE REPORT he Subcommittee on Higher Education submitted the following: T Joint meeting held on Wednesday, March 2, 2016, at 3:00 p.m., Rooms 402 and 403, Capitol Building Present: Senators Schuitmaker (C), MacGregor and Hertel COMMITTEE ATTENDANCE REPORT he Subcommittee on Natural Resources submitted the following: T Meeting held on Wednesday, March 2, 2016, at 3:00 p.m., Room 110, Farnum Building Present: Senators Green (C), Booher and Hopgood COMMITTEE ATTENDANCE REPORT he Subcommittee on General Government submitted the following: T Meeting held on Thursday, March 3, 2016, at 8:30 a.m., Room 100, Farnum Building Present: Senators Stamas (C), Nofs, Booher and Young COMMITTEE ATTENDANCE REPORT he Subcommittee on Transportation submitted the following: T Meeting held on Thursday, March 3, 2016, at 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hansen (C), Knollenberg and Young Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesdays, March 8, March 15, and March 22, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Community Colleges - Friday, March 18, 1:00 p.m., Kirtland Community College, Rooms 251-252, Administra­ tion Building, 10775 N. Saint Helen Road, Roscommon; and Wednesday, March 23, 9:00 a.m., Room 100, Farnum Building (373-2768) Health and Human Services - Tuesday, March 8, 2:30 p.m., and Thursday, March 10, 1:00 p.m., Harry T. Gast Appro­ priations Room, 3rd Floor, Capitol Building (373-2768) Judiciary - Wednesday, March 9, 9:00 a.m., Room 405, Capitol Building (373-2768) K-12, School Aid, Education - Wednesday, March 9, 8:45 a.m. or later after conclusion of House/Senate K-12 Appropriations Subcommittee meeting, Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) K-12, School Aid, Education and House School Aid Appropriations Subcommittee - Wednesday, March 9, 8:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) State Police and Military Affairs - Tuesdays, March 8 and March 15, 8:30 a.m., Rooms 402 and 403; March 22, 8:30 a.m., Room 405; and May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursdays, March 10, March 17, and March 24, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) 302 JOURNAL OF THE SENATE [March 3, 2016] [No. 23 Banking and Financial Institutions - Tuesday, March 8, 2:30 p.m., Room 100, Farnum Building (373-5323) Education - Tuesday, March 8, 12:00 noon, Room 210, Farnum Building (373-5314) Finance - Tuesday, March 8, 2:30 p.m., Room 210, Farnum Building (373-5312) Health Policy - Tuesday, March 8, 12:30 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-1721) Legislative Council - Thursday, March 17, 9:30 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-0212) Local Government - Tuesday, March 8, 12:30 p.m., Room 100, Farnum Building (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:45 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, March 8, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 24 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Tuesday, March 8, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 304 JOURNAL OF THE SENATE [March 8, 2016] [No. 24 enator Darwin L. Booher of the 35th District offered the following invocation: S Father God, we thank You for this day that You have given us and for the blessings You have given to our country, our state, our communities, and our families. We thank You for the many freedoms in this country, including the ability to partici­ pate in our government through voting. We ask for Your guidance and wisdom today in the election. Give us the wisdom which will enable us at all times to know what to do. Make us to know when to speak and when to be silent. Make us to know when to say no and when to say yes. Make us to know when to criticize and when to praise. Make us to know when to act and when to wait. And, finally, for the work that You have for each of us today, we seek Your wisdom and Your direction. Give us strength and grace as we go about the day. In Jesus’ name. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Ananich entered the Senate Chamber. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:03 a.m. 11:56 a.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. During the recess, Senators Young, Nofs, Knezek, Knollenberg, Marleau, Brandenburg, Proos and Johnson entered the Senate Chamber. The following communication was received and read: Office of the Senate Majority Leader March 3, 2016 I would like House Bill 4898 re-referred to the Senate Committee on Agriculture. If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communication was referred to the Secretary for record. The following communication was received and read: Office of the Auditor General March 4, 2016 nclosed is a copy of the following audit report: E • Performance audit report on Community and Noncommunity Water Supplies, Office of Drinking Water and Municipal Assistance, Department of Environmental Quality. Sincerely, Doug Ringler Auditor General The audit report was referred to the Committee on Government Operations. No. 24] [March 8, 2016] JOURNAL OF THE SENATE 305 The following communications were received: Department of State Administrative Rules Notices of Filing February 19, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-001-LR (Secretary of State Filing #16-02-04) on this date at 3:17 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Advertising.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, 45a(6) or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. February 19, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-078-NR (Secretary of State Filing #16-02-03) on this date at 3:17 p.m. for the Department of Natural Resources entitled, “Special Local Watercraft Controls.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, 45a(6) or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. February 19, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-085-TA (Secretary of State Filing #16-02-05) on this date at 3:17 p.m. for the Department of Talent and Economic Development entitled, “Urban Land Assembly Fund.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44, 45a(6) or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. February 24, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-043-LR (Secretary of State Filing #16-02-06) on this date at 11:46 a.m. for the Department of Licensing and Regulatory Affairs entitled, “Part 16. Power Transmission & Distribution.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The following communication was received: Office of the Attorney General February 29, 2016 ursuant to MCL 752.974(i), I am enclosing the Michigan Human Trafficking Commission’s 2015 Report to the Governor P and Legislature. I am pleased with the progress the Commission has made over the last year. I will continue to work with the Commission to tirelessly fight and combat this horrible crime in our State. Please do not hesitate to contact me if you have any questions. Sincerely, Bill Schuette Attorney General The communication was referred to the Secretary for record. 306 JOURNAL OF THE SENATE [March 8, 2016] [No. 24 The following communication was received: Office of Senator Mike Kowall March 8, 2016 I would like to request to be listed as a co‑sponsor on Senate Bill 826, as allowed by new Senate Rule 1.110(c). If you have any questions or need any additional information please do not hesitate to contact me at (517) 373-1758 or senmkowall@senate.michigan.gov. Sincerely, Mike Kowall Senate Majority Floor Leader 15th District The communication was referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Thursday, March 3: House Bill Nos. 4970 5156 5157 5158 5159 The Secretary announced the enrollment printing and presentation to the Governor on Thursday, March 3, for his approval the following bills: Enrolled Senate Bill No. 334 at 4:44 p.m. Enrolled Senate Bill No. 578 at 4:46 p.m. The Secretary announced the enrollment printing and presentation to the Governor on Friday, March 4, for his approval the following bills: Enrolled Senate Bill No. 644 at 1:58 p.m. Enrolled Senate Bill No. 51 at 4:08 p.m. Enrolled Senate Bill No. 150 at 4:10 p.m. The Secretary announced that the following bills were printed and filed on Thursday, March 3, and are available at the Michigan Legislature website: Senate Bill Nos. 840 841 842 843 House Bill Nos. 5424 5425 5426 5427 5428 By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senators Jones and Hertel introduced Senate Bill No. 844, entitled A bill to authorize the state administrative board to convey state-owned property in Ingham County; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance. The bill was read a first and second time by title and referred to the Committee on Local Government. Senators Schmidt, Zorn, Bieda, Booher, Horn, Hertel, Brandenburg, Emmons and Colbeck introduced Senate Bill No. 845, entitled A bill to designate the official moniker of the state of Michigan. The bill was read a first and second time by title and referred to the Committee on Commerce. Senators Proos, Schmidt, Zorn, Bieda, Booher, Horn, Hertel, Brandenburg, Emmons and Colbeck introduced Senate Bill No. 846, entitled A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 89a (MCL 125.2089a), as added by 2008 PA 100. The bill was read a first and second time by title and referred to the Committee on Commerce. Senators Zorn, Bieda, Booher, Horn, Hertel, Brandenburg, Emmons, Colbeck and Schmidt introduced Senate Bill No. 847, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 224 (MCL 257.224), as amended by 2013 PA 179. The bill was read a first and second time by title and referred to the Committee on Commerce. No. 24] [March 8, 2016] JOURNAL OF THE SENATE 307 Senators Jones, Colbeck, Casperson and Bieda introduced Senate Bill No. 848, entitled A bill to provide protection for freedom of expression for student journalists in public schools and institutions of higher education. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Colbeck, Schuitmaker and Proos introduced Senate Bill No. 849, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding section 449. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senators Hertel, Young, Bieda, Warren, Schmidt and Johnson introduced Senate Bill No. 850, entitled A bill to designate the black swallowtail butterfly as the official butterfly of the state of Michigan. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 4970, entitled A bill to amend 1953 PA 192, entitled “An act to create a county department of veterans’ affairs in certain counties, and to prescribe its powers and duties; and to transfer the powers and duties of the soldiers’ relief commission in such counties,” by amending section 1 (MCL 35.621), as amended by 2012 PA 235. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. House Bill No. 5156, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1527 (MCL 380.1527), as amended by 2014 PA 484. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Education. House Bill No. 5157, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1246 (MCL 380.1246), as amended by 2009 PA 205. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Education. House Bill No. 5158, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1526 (MCL 380.1526), as amended by 1995 PA 289. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Education. House Bill No. 5159, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 163 (MCL 388.1763), as amended by 2015 PA 85, and by adding section 163b. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Education. Statements Senators Hildenbrand and Hertel asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. 308 JOURNAL OF THE SENATE [March 8, 2016] [No. 24 enator Hildenbrand’s statement is as follows: S We all care about our firefighters in this state. They are our family, our friends, and respected members of our communities. We count on them in times of crisis and chaos. They put their lives on the line every day to help keep us safe. We also care deeply about our firefighters’ health and well-being, and we are committed to funding the firefighters cancer presump­tion fund. Work continues on this funding through the budget process, and this issue is a personal priority of mine, as well as most members of this body. Working with my colleague from the 23rd District, he and I have talked many times about this issue. We will have a Senate Appropriations Committee meeting next week, and we will be adding $1 million to the fund in the current year. I will also be pursuing additional funding through the budget process for the 2017 fiscal year. We will act quickly, but we will also be thorough to make sure we get the job done right. enator Hertel’s statement is as follows: S I first would like to thank all the firefighters and first responders who are here today. Thank you for putting pressure on this body, and thank you for speaking your minds. It is always a great honor when people come from around the state to talk to us about issues that affect them. I want to thank you all for being here. I also would like to thank this body and the other side of the aisle for actually agreeing to a timeline to getting this funded. It is incredibly important that we make this happen. It is not just important because we made a promise, even though the promise is important; what is more important are the families of those who have been denied workers’ compensation already. This is why we need to move quickly. Very quickly, I would like to read the names of those individuals: Doug Barry, Sterling Heights; Jesse Thompson, St. Clair Shores; Scott Stevenson, Grand Rapids; Chris Griffen, Wayne-Westland; Fred Klotzer, Warren; Drew Proctor, Wayne-Westland; Tracie Dawe, West Bloomfield Township; Brian Richter, Sterling Heights; and Captain Steve Babcock from Lansing who lost his battle while waiting for us to act. Members, on your desks are letters from Steve’s family, sent from across the country. Steve was a firefighter in my district who, unfortunately, lost his battle with cancer. Being denied workers’ compensation meant that his family didn’t get money for the funeral. It also meant that he couldn’t take more time off to be with them. He had to pay copays out of his pocket for something that, honestly, he got on the job. I am glad to hear that it is time for a debate and negotiation and that the time for politics is over. I am glad that we are finally, on both sides, agreeing to do this. I look forward in the coming weeks to working with my colleagues on the other side of the aisle to get this done and working with the House to get it to the Governor’s desk. I can tell you these guys in the Gallery are not going to stop until it happens. They are not here for themselves; they are here for their brothers and sisters who fought bravely, and some have lost those battles. This is really important to me because I knew Steve. I was unable to make it to his funeral because we were in the Governor’s budget presentation. So, it means a lot to me that we are going to get this done for these guys. Thank you again for this agreement, and I can tell you that these guys will hold everyone to it. Committee Reports The Committee on Elections and Government Reform reported Senate Bill No. 776, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 472a (MCL 168.472a), as amended by 1999 PA 219. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David B. Robertson Chairperson To Report Out: Yeas: Senators Robertson, Colbeck, Emmons and Shirkey Nays: Senator Hood The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Elections and Government Reform submitted the following: T Meeting held on Thursday, March 3, 2016, at 9:00 a.m., Room 110, Farnum Building Present: Senators Robertson (C), Colbeck, Emmons, Shirkey and Hood No. 24] [March 8, 2016] JOURNAL OF THE SENATE 309 The Committee on Transportation reported Senate Bill No. 314, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2012 PA 522. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov and Marleau Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, March 3, 2016, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood COMMITTEE ATTENDANCE REPORT he Subcommittee on Licensing and Regulatory Affairs submitted the following: T Meeting held on Thursday, March 3, 2016, at 1:00 p.m., Room 100, Farnum Building Present: Senators Knollenberg (C), Marleau, and Young COMMITTEE ATTENDANCE REPORT he Committee on Oversight submitted the following: T Joint meeting held on Thursday, March 3, 2016, at 2:00 p.m., House Appropriations Room, 3rd Floor, Capitol Building Present: Senators MacGregor (C), Kowall, Stamas, Schuitmaker and Gregory COMMITTEE ATTENDANCE REPORT he Committee on Veterans, Military Affairs and Homeland Security submitted the following: T Joint meeting held on Thursday, March 3, 2016, at 2:00 p.m., House Appropriations Room, 3rd Floor, Capitol Building Present: Senators O’Brien (C), Emmons, Zorn, Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Subcommittee on Health and Human Services submitted the following: T Meeting held on Thursday, March 3, 2016, at 2:30 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Marleau (C), Proos, Shirkey and Hertel Excused: Senators MacGregor, Hansen and Gregory Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesdays, March 15 (CANCELED) and March 22, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) 310 JOURNAL OF THE SENATE [March 8, 2016] [No. 24 Community Colleges - Friday, March 18, 1:00 p.m., Kirtland Community College, Rooms 251-252, Administra­ tion Build­ ing, 10775 N. Saint Helen Road, Roscommon; and Wednesday, March 23, 9:00 a.m., Room 100, Farnum Build­ing (373-2768) Corrections - Wednesday, March 9, 12:30 p.m., Room 405, Capitol Building (373-2768) General Government - Thursdays, March 10, March 17, and March 24, 8:30 a.m., Room 100, Farnum Building (373-2768) Health and Human Services - Thursday, March 10, 1:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Higher Education and House Higher Education Appropriations Subcommittee - Thursday, March 10, 1:00 p.m. or later after committees are given leave by the House to meet, House Appropriations Room, 3rd Floor, Capitol Building (373-2768) Judiciary - Wednesday, March 9, 9:00 a.m., Room 405, Capitol Building (373-2768) K-12, School Aid, Education - Wednesday, March 9, 8:45 a.m. or later after conclusion of House/Senate K-12 Appro­priations Subcommittee meeting, Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) K-12, School Aid, Education and House School Aid Appropriations Subcommittee - Wednesday, March 9, 8:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Licensing and Regulatory Affairs - Thursday, March 10, 2:00 p.m., Room 100, Farnum Building (373-2768) State Police and Military Affairs - Tuesdays, March 15, 8:00 a.m., Rooms 402 and 403; March 22, 8:30 a.m., Room 405; and May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursdays, March 10, March 17, and March 24, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Economic Development and International Investment - Thursday, March 10, 2:00 p.m., University of Michigan Mcity Test Facility, Mcity Building, Mobility Transformation Center Conference Room, 2901 Baxter Road, Ann Arbor (373-5323) Legislative Council - Thursday, March 17, 9:30 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-0212) Michigan Competitiveness - Wednesday, March 9, 8:30 a.m., Room 210, Farnum Building (373-5314) Transportation - Thursday, March 10, 8:30 a.m., Room 210, Farnum Building (373-5312) Veterans, Military Affairs and Homeland Security - Thursday, March 10, 2:00 p.m., Room 110, Farnum Building (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 12:08 p.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Wednesday, March 9, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 25 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Wednesday, March 9, 2016. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—excused Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 312 JOURNAL OF THE SENATE [March 9, 2016] [No. 25 astor Keven Brownfield of First Baptist Church of Witch Lake of Republic offered the following invocation: P Father, as David reminds us in the Psalms, we enter into Your gates with thanksgiving and into Your courts with praise. We first of all thank You for Your sovereignty. We thank You for the grace that You have given in the Lord Jesus Christ. Father, I then am reminded of Paul’s words to us in the New Testament when he said, “Then I urge that supplications, prayers, and intercessions and thanksgiving be made for all people, for kings and all those that are in high positions, that we may lead a peaceful and quiet life, godly and dignified in every way. This is good and well pleasing in the sight of God our Savior, who desires all people to be saved and come to the knowledge of the truth. For there is one God and one mediator between God and men, the man Christ Jesus who gave himself a ransom for all.” Father, as the people have joined together to meet today to deal with all kinds of issues and problems, maybe one great passage of Scripture for all of us is what James reminds us of: “If any man lacks wisdom, let him ask of God.” So, Father, I would pray for Your wisdom today to be very evident and seen in all that is done and all that is accomplished here. For this we give You great glory and praise in the name of our Lord and Savior Jesus Christ. Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Green and Knollenberg entered the Senate Chamber. enator Kowall moved that Senator Booher be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senator Hansen be excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Casperson, Nofs and Hansen admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. The Secretary announced that the following House bill was received in the Senate and filed on Tuesday, March 8: House Bill No. 5278 The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, March 8, for his approval the following bills: Enrolled Senate Bill No. 444 at 1:04 p.m. Enrolled Senate Bill No. 471 at 1:06 p.m. Enrolled Senate Bill No. 472 at 1:08 p.m. Enrolled Senate Bill No. 473 at 1:10 p.m. The Secretary announced that the following bills were printed and filed on Tuesday, March 8, and are available at the Michigan Legislature website: Senate Bill Nos. 844 845 846 847 848 849 850 House Bill Nos. 5429 5430 5431 5432 5433 5434 5435 5436 5437 Messages from the Governor Senator Booher entered the Senate Chamber. The following messages from the Governor were received: Date: March 8, 2016 Time: 8:23 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 56 (Public Act No. 31), being An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the No. 25] [March 9, 2016] JOURNAL OF THE SENATE 313 courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contra­ vening any of the provisions of this act; and to repeal acts and parts of acts,” by amending sections 304, 555, 821, and 8202 (MCL 600.304, 600.555, 600.821, and 600.8202), sections 304 and 555 as amended by 1996 PA 374, section 821 as amended by 2004 PA 492, and section 8202 as amended by 1996 PA 388. (Filed with the Secretary of State on March 8, 2016, at 2:06 p.m.) Date: March 8, 2016 Time: 8:25 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 680 (Public Act No. 37), being An act to amend 1968 PA 173, entitled “An act naming certain state buildings,” (MCL 19.131 to 19.132) by adding section 3. (Filed with the Secretary of State on March 8, 2016, at 2:18 p.m.) Date: March 8, 2016 Time: 8:27 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 176 (Public Act No. 32), being An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regu­lation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending the title and sec­tions 20d, 212, 304, 319, 625k, 625l, and 732a (MCL 257.20d, 257.212, 257.304, 257.319, 257.625k, 257.625l, and 257.732a), the title as amended by 2013 PA 231, section 20d as added by 2008 PA 462, sections 212 and 319 as amended by 2015 PA 11, section 304 as amended by 2013 PA 226, sections 625k and 625l as amended by 2008 PA 461, and sec­tion 732a as amended by 2014 PA 250, and by adding section 625q. (Filed with the Secretary of State on March 8, 2016, at 2:08 p.m.) Date: March 8, 2016 Time: 8:29 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 357 (Public Act No. 33), being An act to amend 1974 PA 300, entitled “An act to regulate the practice of servicing and repairing motor vehicles; to proscribe unfair and deceptive practices; to provide for training and certification of mechanics; to provide for the registra­ tion of motor vehicle repair facilities; to provide for enforcement; and to prescribe penalties,” by amending sec­tions 2 and 10 (MCL 257.1302 and 257.1310), section 2 as amended by 1988 PA 254 and section 10 as amended by 2000 PA 366, and by adding sections 6a and 10a. (Filed with the Secretary of State on March 8, 2016, at 2:10 p.m.) Date: March 8, 2016 Time: 10:24 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 554 (Public Act No. 29), being An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and 314 JOURNAL OF THE SENATE [March 9, 2016] [No. 25 other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health main­ tenance organizations and certain third party administrators and insurers; to provide for the imposition of a regula­tory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” (MCL 333.1101 to 333.25211) by adding section 16206. (Filed with the Secretary of State on March 8, 2016, at 2:02 p.m.) Date: March 8, 2016 Time: 10:26 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 555 (Public Act No. 30), being An act to amend 1980 PA 299, entitled “An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations and to regulate certain persons and activities relative to those occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to provide immunity from certain civil liability for certain entities and certain related occupations under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,” by amending section 210 (MCL 339.210). (Filed with the Secretary of State on March 8, 2016, at 2:04 p.m.) Date: March 8, 2016 Time: 10:28 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 588 (Public Act No. 36), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appro­ priations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 43516 (MCL 324.43516), as amended by 2013 PA 108. (Filed with the Secretary of State on March 8, 2016, at 2:16 p.m.) Date: March 8, 2016 Time: 10:30 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 334 (Public Act No. 35), being An act to amend 1975 PA 238, entitled “An act to require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending sections 2, 3, and 7 (MCL 722.622, 722.623, and 722.627), section 2 as amended by 2014 PA 30, section 3 as amended by 2014 PA 344, and section 7 as amended by 2014 PA 527. (Filed with the Secretary of State on March 8, 2016, at 2:14 p.m.) Respectfully, Rick Snyder Governor No. 25] [March 9, 2016] JOURNAL OF THE SENATE 315 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Gregory as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill: Senate Bill No. 506, entitled A bill to amend 1964 PA 283, entitled “Weights and measures act,” by amending section 28c (MCL 290.628c), as amended by 2012 PA 254. The bill was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 541, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 307 (MCL 257.307), as amended by 2012 PA 55. Substitute (S-3). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 6, line 9, after “(A)” by striking out “SPECIFICALLY” and inserting “IF THE APPLICANT IS NOT A PARTICIPANT IN THE ANATOMICAL GIFT DONOR REGISTRY PROGRAM, SPECIFICALLY”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4747, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5821 (MCL 600.5821), as amended by 1988 PA 35. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 696, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 411 (MCL 750.411), as amended by 2000 PA 339. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 697, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3011. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 610, entitled A bill to amend 1978 PA 59, entitled “Condominium act,” by amending section 67 (MCL 559.167), as amended by 2002 PA 283. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. 316 JOURNAL OF THE SENATE [March 9, 2016] [No. 25 Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 Senate Resolution No. 12 The motion prevailed. enator Schmidt offered the following resolution: S Senate Resolution No. 154. A resolution recognizing March 13-19, 2016, as Aviation Week. Whereas, We are in the 21st century, moving further into the air age and a global economy, and airport infrastructure is critical for our economy to compete in today’s marketplace; and Whereas, Michigan’s geography as a peninsula makes aviation necessary for the fast and efficient transport of people, goods, and services; and Whereas, Nearly 1 billion pounds of air cargo are carried into the state annually to support Michigan businesses; and Whereas, General aviation contributes $19 billion annually to our state economy; and Whereas, Our businesses, industries, and foreign firms need reliable runways, taxiways, and navigational systems for the conducting of their business; and Whereas, Michigan boasts 234 public-use airports, serving over 13,550 pilots and 6,500 aircraft; and Whereas, More than 1,000 Michigan companies, employing 1 million people, operate their own aircraft; and Whereas, Michigan is home to 53 charter flight companies, 119 repair stations, and 66 licensed flight schools; now, therefore, be it Resolved by the Senate, That March 13-19, 2016, be hereby recognized as Aviation Week. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Casperson, Colbeck, Green, Hansen, Hopgood, Knollenberg, MacGregor, Marleau, Proos, Robertson, Warren, Zorn, Jones and Kowall were named co‑sponsors of the resolution. enator Pavlov offered the following resolution: S Senate Resolution No. 155. A resolution to urge the U.S. Secretary of State to re-open the public comment period for Plains LPG’s presidential permit application for the pipelines under the St. Clair River and ask the International Joint Commission to review the environmental impact of the pipelines running under the St. Clair River and Detroit River. Whereas, Plains LPG Services purchased seven pipelines located beneath the St. Clair River and Detroit River in 2012 and requested the U.S. State Department approve presidential permits to connect, operate, and maintain pipeline facilities at the international boundary between the United States and Canada; and Whereas, The State Department issued one permit for the pipeline located under the Detroit River and one permit for the six pipelines under the St. Clair River in 2014. When Plains LPG discovered that the former owner had a previously unknown permit to transport crude oil through two of the pipelines, the State Department rescinded the permit for the pipelines under the St. Clair River and restarted the review process; and Whereas, The public comment period for the revised St. Clair River pipeline permit closed on February 24, 2016. Notices for public comment are published in the Federal Register and are not highly publicized. Many people who have concerns about the pipeline permit only became aware of the application after the comment period closed; and Whereas, An oil spill in the Great Lakes would have catastrophic consequences for the environment and economy of Michigan, surrounding states, and Canada. A spill would be particularly devastating due to the challenges of responding to an oil spill in freshwater or under ice; and Whereas, The 2015 Michigan Petroleum Pipeline Task Force (MPPTF) recommended against the transportation of heavy crude oil through pipelines under the Great Lakes and issued a series of proposals for how the state could improve its oversight of pipelines generally, including recommendations to develop better information, response plans, public awareness, and agency coordination; and Whereas, The MPPTF Report was prepared in response to the Enbridge Line 6B rupture in 2010 and renewed attention to the Enbridge Line 5 pipeline running near the Straits of Mackinac, but the Plains LPG pipelines under the St. Clair River could potentially be even more dangerous, as two of the six lines are nearly 100 years old, and the permit, if approved, would allow for the transportation of crude oil; and No. 25] [March 9, 2016] JOURNAL OF THE SENATE 317 Whereas, Not only could the rupture of these pipelines lead to disastrous consequences for agriculture, fishing, irrigation, electric generation, manufacturing, and wildlife, but the location of the Plains LPG pipelines poses a serious threat to the region’s drinking water. The main drinking water intakes for Detroit and many other communities are located downstream of the pipelines, putting the public health of millions at risk; and Whereas, The transportation of hazardous liquids is an important issue that requires input from the public. The potential impact of a spill on the regional environment, public health, and economy would be significant, and decision makers should hear from the local communities before authorizing the transportation of potentially dangerous materials, especially when the company requesting the permit has recently been involved in a spill. After media reports surfaced about the permit application, many people and organizations have expressed serious concerns about the pipelines; and Whereas, Under federal regulations, the State Department is not required to conduct an environmental assessment if a company requesting a permit intends to operate the pipeline in essentially the same manner as the previous owner. The State Department has not conducted environmental assessments for the Plains LPG pipelines; and Whereas, A pipeline owned by Plains LPG’s parent company ruptured due to corrosion and discharged more than 100,000 gal­lons of crude oil in Santa Barbara, California, in May 2015. The company was unaware of the rupture for more than two hours which delayed coordinated efforts to limit the spill’s impact on the area. Any permits requested by Plains LPG should be scrutinized particularly closely to ensure it does not repeat previous mistakes; and Whereas, Government officials and the public need to be well-informed in order to determine the merits of Plains LPG permit requests. Given the impact the pipeline could have on the United States and Canada, the International Joint Commission (IJC) would be an appropriate entity to conduct an objective assessment of the risks posed by the Plains LPG pipelines under both the St. Clair River and Detroit River; now, therefore, be it Resolved by the Senate, That we urge the U.S. Secretary of State to re-open the public comment period for Plains LPG’s presidential permit application and ask the International Joint Commission to review the environmental impact of the pipelines running under the St. Clair River and Detroit River; and be it further Resolved, That copies of this resolution be transmitted to the U.S Secretary of State. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Energy and Technology. The motion prevailed. Senators Bieda, Booher, Brandenburg, Colbeck, Green, Jones, Kowall, Proos and Rocca were named co‑sponsors of the resolution. Introduction and Referral of Bills Senator Young introduced Senate Bill No. 851, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding chapter 49. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 5278, entitled A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sections 306 and 307 (MCL 280.306 and 280.307). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Local Government. By unanimous consent the Senate returned to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 4887 Senate Bill No. 748 Senate Bill No. 749 Senate Bill No. 750 Senate Bill No. 751 Senate Bill No. 752 The motion prevailed. 318 JOURNAL OF THE SENATE [March 9, 2016] [No. 25 The following bill was read a third time: House Bill No. 4887, entitled A bill to amend 2000 PA 161, entitled “Michigan education savings program act,” by amending section 9 (MCL 390.1479), as amended by 2007 PA 153. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 91 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Hansen Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to create the Michigan education savings program; to provide for education savings accounts; to prescribe the powers and duties of certain state agencies, boards, and departments; to allow certain tax credits or deductions; and to provide for penalties and remedies,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 748, entitled A bill to amend 1999 PA 276, entitled “Banking code of 1999,” by amending the title and sections 1202, 1203, 2202, 2203, 2308, 4108, and 4304 (MCL 487.11202, 487.11203, 487.12202, 487.12203, 487.12308, 487.14108, and 487.14304). The question being on the passage of the bill, The bill was passed, 2/3 of the members serving voting therefor, as follows: Roll Call No. 92 Ananich Bieda Yeas—36 Hildenbrand Kowall Rocca Hood MacGregor Schmidt No. 25] [March 9, 2016] JOURNAL OF THE SENATE Booher Hopgood Brandenburg Horn Casperson Hune Emmons Johnson Green Jones Gregory Knezek Hertel Knollenberg Marleau Schuitmaker Meekhof Shirkey Nofs Smith O’Brien Stamas Pavlov Warren Proos Young Robertson Zorn Nays—1 Colbeck Excused—1 Hansen Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 749, entitled A bill to amend 1999 PA 276, entitled “Banking code of 1999,” by amending section 1201 (MCL 487.11201). The question being on the passage of the bill, The bill was passed, 2/3 of the members serving voting therefor, as follows: Roll Call No. 93 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Hansen 319 320 JOURNAL OF THE SENATE [March 9, 2016] [No. 25 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 750, entitled A bill to amend 1999 PA 276, entitled “Banking code of 1999,” by amending section 4301 (MCL 487.14301). The question being on the passage of the bill, The bill was passed, 2/3 of the members serving voting therefor, as follows: Roll Call No. 94 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Hansen Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 751, entitled A bill to amend 1999 PA 276, entitled “Banking code of 1999,” by amending section 4111 (MCL 487.14111), as added by 2014 PA 399. The question being on the passage of the bill, The bill was passed, 2/3 of the members serving voting therefor, as follows: Roll Call No. 95 Ananich Bieda Yeas—37 Hildenbrand Kowall Rocca Hood MacGregor Schmidt No. 25] [March 9, 2016] JOURNAL OF THE SENATE 321 Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Hansen Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 752, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 315a and 376a (MCL 750.315a and 750.376a), as amended by 2014 PA 400. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 96 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Hansen 322 JOURNAL OF THE SENATE [March 9, 2016] [No. 25 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Statements enator Stamas moved that the statement he made on March 8 on the order of Statements be printed in the Journal. S The motion prevailed. Senator Stamas’ statement is as follows: I would like to take a quick moment to say that in Midland County we also lost a firefighter recently. His name is Rodney Sweet, who wasn’t on that list, but I want to make sure he is not forgotten. He was a good friend and awesome public servant. Committee Reports COMMITTEE ATTENDANCE REPORT he Subcommittee on State Police and Military Affairs submitted the following: T Meeting held on Tuesday, March 8, 2016, at 8:30 a.m., Rooms 402 and 403, Capitol Building Present: Senators Nofs (C), Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, March 8, 2016, at 12:00 noon, Room 210, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, March 8, 2016, at 12:30 p.m., Room 100, Farnum Building Present: Senators Zorn (C), Proos, Brandenburg, Rocca and Young COMMITTEE ATTENDANCE REPORT he Subcommittee on Health and Human Services submitted the following: T Meeting held on Tuesday, March 8, 2016, at 2:30 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Marleau (C), Proos and Shirkey Excused: Senators MacGregor, Hansen, Gregory and Hertel COMMITTEE ATTENDANCE REPORT he Subcommittee on Agriculture and Rural Development submitted the following: T Meeting held on Tuesday, March 8, 2016, at 3:00 p.m., Rooms 402 and 403, Capitol Building Present: Senators Green (C), Stamas and Hopgood No. 25] [March 9, 2016] JOURNAL OF THE SENATE 323 COMMITTEE ATTENDANCE REPORT he Subcommittee on K-12, School Aid, Education submitted the following: T Joint meeting held on Wednesday, March 9, 2016, at 8:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hansen (C), Pavlov and Hopgood COMMITTEE ATTENDANCE REPORT he Subcommittee on K-12, School Aid, Education submitted the following: T Meeting held on Wednesday, March 9, 2016, at 8:45 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hansen (C), Pavlov and Hopgood COMMITTEE ATTENDANCE REPORT he Subcommittee on Judiciary submitted the following: T Meeting held on Wednesday, March 9, 2016, at 9:00 a.m., Room 405, Capitol Building Present: Senators Proos (C), Schuitmaker and Young Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesdays, March 15 (CANCELED) and March 22, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Community Colleges - Friday, March 18, 1:00 p.m., Kirtland Community College, Rooms 251-252, Administra­ tion Building, 10775 N. Saint Helen Road, Roscommon; and Wednesday, March 23, 9:00 a.m., Room 100, Farnum Building (373-2768) General Government - Thursdays, March 10, March 17, and March 24, 8:30 a.m., Room 100, Farnum Building (373-2768) Health and Human Services - Thursday, March 10, 1:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Higher Education and House Higher Education Appropriations Subcommittee - Thursday, March 10, 1:00 p.m. or later after committees are given leave by the House to meet, House Appropriations Room, 3rd Floor, Capitol Building (373-2768) Licensing and Regulatory Affairs - Thursday, March 10, 2:00 p.m., Room 100, Farnum Building (373-2768) State Police and Military Affairs - Tuesdays, March 15, 8:00 a.m., Rooms 402 and 403; March 22, 8:30 a.m., Room 405; and May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursdays, March 10, March 17, and March 24, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Economic Development and International Investment - Thursday, March 10, 2:00 p.m., University of Michigan Mcity Test Facility, Mcity Building, Mobility Transformation Center Conference Room, 2901 Baxter Road, Ann Arbor (373-5323) Legislative Council - Thursday, March 17, 9:30 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-0212) Transportation - Thursday, March 10, 8:30 a.m., Room 210, Farnum Building (373-5312) Veterans, Military Affairs and Homeland Security - Thursday, March 10, 2:00 p.m., Room 110, Farnum Building (373-5314) 324 JOURNAL OF THE SENATE [March 9, 2016] [No. 25 enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:35 a.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, March 10, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 26 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Thursday, March 10, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—excused Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—excused Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 326 JOURNAL OF THE SENATE [March 10, 2016] [No. 26 astor Ellis Smith of Jubilee City Church of Detroit offered the following invocation: P Father, we thank You for this great nation that You have called us to. We thank You for the great state of Michigan You have placed us in. As this great body of legislators and leaders in our state begin this day in caucuses and meetings in dealing with serious, critical issues that govern our state, grant them wisdom. We thank You that they are all able men and women. They are men and women who fear God. They are men and women who have the ability to not get involved in perilousness; men and women of integrity and character. So we bless them today, and we pray even now that this denotes a time in our nation and in particular the state of Michigan. In spite of all the negative things that we go through in culture and society, there will be those who rise to the top and honor God and honor whatever the Lord says concerning our nation. We thank You for it. In Jesus’ name, we pray. Amen and Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications The President pro tempore, Senator Schuitmaker, assumed the Chair. enator Kowall moved that Senators Shirkey and Casperson be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senator Green be excused from today’s session. S The motion prevailed. enator Hood moved that Senators Ananich and Smith be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Johnson be excused from today’s session. S The motion prevailed. The following communications were received: Department of State Administrative Rules Notices of Filing March 4, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-067-LR (Secretary of State Filing #16-03-01) on this date at 4:48 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Michigan Administrative Hearing System Uniform Hearing Rules.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. March 4, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-055-LR (Secretary of State Filing #16-03-02) on this date at 4:48 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Part 523. Abrasive Blasting.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. March 4, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-056-LR (Secretary of State Filing #16-03-03) on this date at 4:48 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Part 85. The Control of Hazardous Energy Sources.” No. 26] [March 10, 2016] JOURNAL OF THE SENATE 327 These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. March 8, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention Reinvention filed Administrative Rule #2015-057-LR (Secretary of State Filing #16-03-04) on this date at 3:46 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Part 7. Guards for Power Transmission.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. March 8, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-063-LR (Secretary of State Filing #16-03-05) on this date at 3:46 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Part 526. Dipping and Coating Operations.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The Secretary announced that pursuant to Rule 2.109 of the Standing Rules of the Senate, the following expense reports have been filed with the Senate Business Office for the quarter from October 1, 2015 through December 31, 2015, and are available in the Senate Business Office during business hours for public inspection: Committee Chairperson Agriculture Senator Joe Hune Appropriations Senator Dave Hildenbrand Banking and Financial Institutions Senator Darwin Booher Commerce Senator Wayne Schmidt Economic Development and International Investment Senator Ken Horn Education Senator Phil Pavlov Elections and Government Reform Senator David Robertson Energy and Technology Senator Mike Nofs Families, Seniors and Human Services Senator Judy Emmons Finance Senator Jack Brandenburg Government Operations Senator Arlan Meekhof Health Policy Senator Mike Shirkey Insurance Senator Joe Hune Judiciary Senator Rick Jones Local Government Senator Dale Zorn Michigan Competitiveness Senator Mike Shirkey Natural Resources Senator Tom Casperson Outdoor Recreation and Tourism Senator Goeff Hansen Oversight Senator Peter MacGregor Regulatory Reform Senator Tory Rocca Transportation Senator Tom Casperson Veterans, Military Affairs and Homeland Security Senator Margaret O’Brien The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, March 9: House Bill Nos. 5182 5183 5185 5250 5377 The Secretary announced that the following bills were printed and filed on Wednesday, March 9, and are available at the Michigan Legislature website: Senate Bill No. 851 House Bill Nos. 5438 5439 5440 5441 5442 5443 5444 5445 5446 328 JOURNAL OF THE SENATE [March 10, 2016] [No. 26 Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Meekhof, Colbeck and Zorn admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. Senators Casperson and Ananich entered the Senate Chamber. Senator Ananich asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Ananich’s statement is as follows: I rise today with mixed emotions. I am sorry to see Julie in my office go, but I’m very proud and happy for her next endeavor. I was fortunate enough to meet Julie when she was working on the coordinated campaign in 2014. She was one of those very special people you meet who has the qualities that we all look for when we pick our staff members— hardworking, compassionate, intelligent, and the list goes on and on. Julie Thompson is moving to Washington, D.C., to take a job with the Democratic National Committee. She will be greatly missed, but I am sure that she will do great things, and I know she will continue to be a part of mine and many of my staff members’ lives. I would like us all to wish her a congratulations as she moves on to her next endeavor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:21 a.m. 10:52 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senators Shirkey and Smith entered the Senate Chamber. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Schmidt as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with amendment, the following bill: Senate Bill No. 776, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 472a (MCL 168.472a), as amended by 1999 PA 219. The following is the amendment recommended by the Committee of the Whole: 1. Amend page 1, line 7, by striking out all of enacting section 1. The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar: Senate Bill No. 776 The motion prevailed, a majority of the members serving voting therefor. No. 26] [March 10, 2016] JOURNAL OF THE SENATE 329 The following bill was read a third time: Senate Bill No. 776, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 472a (MCL 168.472a), as amended by 1999 PA 219. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 97 Yeas—26 Booher Horn Meekhof Rocca Brandenburg Hune Nofs Schmidt Casperson Jones O’Brien Schuitmaker Colbeck Knollenberg Pavlov Shirkey Emmons Kowall Proos Stamas Hansen MacGregor Robertson Zorn Hildenbrand Marleau Nays—10 Ananich Hertel Knezek Warren Bieda Hood Smith Young Gregory Hopgood Excused—2 Green Johnson Not Voting—0 In The Chair: Schuitmaker enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. Protest Senator Bieda, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 776 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.” The motion prevailed. Senator Bieda’s statement is as follows: Colleagues, I rise today to offer my “no” vote explanation for Senate Bill No. 776. Once again, the majority is trying to make it more difficult for citizens to be heard. Everyone in this room knows that it’s extremely challenging to overcome a rebuttal presumption, but it is possible. And that possibility, however slim, gives people a slightly better chance to get their issue on the ballot. That’s their opportunity to make a change when their elected official can’t or won’t do it for them. By shutting down that possibility for good, we’d be slamming the door on our constituents. But that’s what this chamber is interested in, isn’t it? In the past year, this chamber has opened doors to dark money. It’s used legislative loopholes to referendum-proof unpopular laws. It’s made it more challenging for our constituents to vote the way they want in a 330 JOURNAL OF THE SENATE [March 10, 2016] [No. 26 manner that respects their time. Let’s be honest here—a “yes” vote isn’t to clarify existing law; it’s to halt policy changes that would make it easier to use signatures collected beyond the 180-day window. I strongly encourage all of you to stand up for the people you represent and vote “no.” It’s time to make it easier, not harder, for voter issues to hit the ballot. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Schmidt as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 773, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by repealing section 48714 (MCL 324.48714). Senate Bill No. 314, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2012 PA 522. The bills were placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 541 Senate Bill No. 506 House Bill No. 4747 Senate Bill No. 696 Senate Bill No. 697 Senate Bill No. 610 The motion prevailed. The following bill was read a third time: Senate Bill No. 541, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 307 (MCL 257.307), as amended by 2015 PA 11. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 98 Yeas—36 Ananich Hertel Bieda Hildenbrand Booher Hood Brandenburg Hopgood Casperson Horn Colbeck Hune Emmons Jones Gregory Knezek Hansen Knollenberg Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Smith O’Brien Stamas Pavlov Warren Proos Young Robertson Zorn No. 26] [March 10, 2016] JOURNAL OF THE SENATE 331 Nays—0 Excused—2 Green Johnson Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 506, entitled A bill to amend 1964 PA 283, entitled “Weights and measures act,” by amending section 28c (MCL 290.628c), as amended by 2012 PA 254. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 99 Yeas—36 Ananich Hertel Bieda Hildenbrand Booher Hood Brandenburg Hopgood Casperson Horn Colbeck Hune Emmons Jones Gregory Knezek Hansen Knollenberg Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Smith O’Brien Stamas Pavlov Warren Proos Young Robertson Zorn Nays—0 Excused—2 Green Johnson Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4747, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 5821 (MCL 600.5821), as amended by 1988 PA 35. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 332 Roll Call No. 100 JOURNAL OF THE SENATE [March 10, 2016] [No. 26 Yeas—36 Ananich Hertel Bieda Hildenbrand Booher Hood Brandenburg Hopgood Casperson Horn Colbeck Hune Emmons Jones Gregory Knezek Hansen Knollenberg Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Smith O’Brien Stamas Pavlov Warren Proos Young Robertson Zorn Nays—0 Excused—2 Green Johnson Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 696, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 411 (MCL 750.411), as amended by 2000 PA 339. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 101 Yeas—35 Ananich Hildenbrand Bieda Hood Booher Hopgood Brandenburg Horn Casperson Hune Emmons Jones MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Smith O’Brien Stamas Pavlov Warren No. 26] [March 10, 2016] JOURNAL OF THE SENATE 333 Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Kowall Rocca Nays—1 Colbeck Excused—2 Green Johnson Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. Protest Senator Colbeck, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 696. Senator Colbeck’s statement is as follows: I just want people to understand that, obviously, it is my intent to make sure we prosecute offenders of arson in this state, but the issue I have with this bill is that we had no testimony from any people directly impacted; in particular, the health care service providers. There is a presumption that they would actually understand whether or not someone was exposed to an accelerant or not as to the source of their burns. We had no testimony at all from anyone directly impacted either. My wife is a physician, and, in some things, you just aren’t trained to go off and identify. Your focus is first-, second-, or third-degree burns. You are not trained to act like a CSI detective on the scene. With that, my concern in the overall intent of eliminating arson as a crime in our communities is definitely something I support. So, I want to make sure my “no” vote is on the record. The following bill was read a third time: Senate Bill No. 697, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3011. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 102 Yeas—34 Ananich Hildenbrand MacGregor Rocca Bieda Hood Marleau Schmidt Booher Hopgood Meekhof Shirkey Brandenburg Horn Nofs Smith Casperson Hune O’Brien Stamas Emmons Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Kowall 334 JOURNAL OF THE SENATE [March 10, 2016] Nays—1 Colbeck Excused—2 Green Johnson Not Voting—1 Schuitmaker In The Chair: Schuitmaker enator Kowall moved to reconsider the vote by which the bill was passed. S The motion prevailed, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 103 Yeas—35 Ananich Hildenbrand MacGregor Schmidt Bieda Hood Marleau Schuitmaker Booher Hopgood Meekhof Shirkey Brandenburg Horn Nofs Smith Casperson Hune O’Brien Stamas Emmons Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Kowall Rocca Nays—1 Colbeck Excused—2 Green Johnson Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. [No. 26 No. 26] [March 10, 2016] JOURNAL OF THE SENATE 335 The following bill was read a third time: Senate Bill No. 610, entitled A bill to amend 1978 PA 59, entitled “Condominium act,” by amending section 67 (MCL 559.167), as amended by 2002 PA 283. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 104 Yeas—36 Ananich Hertel Bieda Hildenbrand Booher Hood Brandenburg Hopgood Casperson Horn Colbeck Hune Emmons Jones Gregory Knezek Hansen Knollenberg Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Smith O’Brien Stamas Pavlov Warren Proos Young Robertson Zorn Nays—0 Excused—2 Green Johnson Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 Senate Resolution No. 12 The motion prevailed. enator Knollenberg offered the following resolution: S Senate Resolution No. 156. A resolution commemorating March 2016 as Ethnic and Cultural Heritage Month. Whereas, The culture of the people of the state of Michigan has continually been renewed and enriched by the many different individuals who have chosen to come to Michigan, become citizens, and call this state their home; and Whereas, Each individual brings with them a part of his or her own heritage which over time integrates into one common heritage, leading us to become a united people; and 336 JOURNAL OF THE SENATE [March 10, 2016] [No. 26 Whereas, A unified people with one common heritage, we represent the past, present, and future traditions of our great state; and Whereas, As united citizens, we celebrate Michigan’s heritage with pride and great esteem; now, therefore, be it Resolved by the Senate, That we hereby commemorate March 2016 as Ethnic and Cultural Heritage Month in the state of Michigan; and be it further Resolved, That a copy of this resolution be transmitted to Royal Oak resident Joan Larson, who originated this idea years ago, as a token of our highest esteem. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Hansen, Hildenbrand, Jones, Kowall and Proos were named co‑sponsors of the resolution. Introduction and Referral of Bills Senator Johnson introduced Senate Bill No. 852, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 319, 682, and 907 (MCL 257.319, 257.682, and 257.907), section 319 as amended by 2015 PA 11, section 682 as amended by 2012 PA 263, and section 907 as amended by 2015 PA 126. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 5182, entitled A bill to amend 1893 PA 116, entitled “An act to provide for the maintenance, management and control, of the Michigan school for the deaf, and to repeal all laws inconsistent herewith,” by amending section 1 (MCL 393.51). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Health Policy. House Bill No. 5183, entitled A bill to amend 1937 PA 72, entitled “Division on deafness act,” by amending section 3 (MCL 408.203), as amended by 1988 PA 434. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Health Policy. House Bill No. 5185, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 221 (MCL 750.221). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Health Policy. House Bill No. 5250, entitled A bill to amend 2008 PA 23, entitled “Enhanced driver license and enhanced official state personal identification card act,” by amending section 5 (MCL 28.305). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 5377, entitled A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2016; to provide for expenditure of the appropriations; and to prescribe certain conditions for the appropriations. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. No. 26] [March 10, 2016] JOURNAL OF THE SENATE 337 Statements Senator Young asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Young’s statement is as follows: President John F. Kennedy said, “The basis of effective government is public confidence, and that confidence is endangered when ethical standards falter or appear to falter.” Colleagues, the ethical standards in our state government have been faltering for quite some time. I have stood up here and talked about the consequences of running a state like a business, providing FOIA exemptions, and treating serious crises as public relations problems. All those problems thrive when you have a pay-to-play environ­ment. Pay-to-play politics has been steamrolling good contract policy in this state at the highest levels. Just look at the Flint water investigation. We wanted—and still want—an independent examination of what happened in this crisis. Right now, I am not confident we’re going to get it. It’s bad enough that the Attorney General didn’t have enough confidence in his own white-collar crime investigators he hired out. It’s worse that he hired political donors to do the work instead. It is our responsibility to be skeptical and to safeguard taxpayers when people holding the highest offices in this state appoint political donors to do the state’s bidding. Attorney Todd Flood donated $10,000 to Attorney General Schuette, and now Flood and his associates are receiving a $1.5 million state contract. I am baffled as to how you can conduct an independent investigation when you’ve given and taken away money from the people you are supposed to be investigating. But that’s not the only poor use of public funds. Employees from the firm Warner Norcross & Judd donated almost $10,000 to Governor Snyder, and now they’re receiving an $800,000 contract to defend him. That’s a pretty good investment, but why are taxpayers paying legal fees for a Governor who is worth hundreds of millions of dollars? That is outrageous. This is a lot of money and money that should be helping Michiganders; money that should help Flint. The Governor is spending more on fancy lawyers than he’s spent on school nurses, targeted nurse case management services, WIC, the food bank, and food safety inspections. You know, just some serious programs that real people in this state rely on. Michiganders deserve real answers and real action from people who will be accountable to the public, not spin that’s been tainted by political opportunists. Next Tuesday, the State Administrative Board will meet to approve these contracts. I strongly encourage all of you to voice your opposition. Committee Reports The Committee on Michigan Competitiveness reported House Bill No. 4813, entitled A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 3e (MCL 338.883e), as added by 1990 PA 246. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Stamas and Proos Nays: Senator Warren The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Michigan Competitiveness submitted the following: T Meeting held on Wednesday, March 9, 2016, at 8:30 a.m., Room 210, Farnum Building Present: Senators Shirkey (C), Stamas, Proos and Warren Excused: Senator Robertson 338 JOURNAL OF THE SENATE [March 10, 2016] [No. 26 The Committee on Banking and Financial Institutions reported House Bill No. 5017, entitled A bill to amend 2003 PA 215, entitled “Credit union act,” by amending the title and sections 102, 103, 202, 214, 304, 305, 342, 345, 353, 355, 357, 401, 408, 409, 423, 431, and 432 (MCL 490.102, 490.103, 490.202, 490.214, 490.304, 490.305, 490.342, 490.345, 490.353, 490.355, 490.357, 490.401, 490.408, 490.409, 490.423, 490.431, and 490.432), sections 102, 214, 304, 342, 345, 357, 401, and 423 as amended by 2004 PA 471. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Darwin L. Booher Chairperson To Report Out: Yeas: Senators Booher, O’Brien, Nofs, Zorn, MacGregor, Rocca, Hertel and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Banking and Financial Institutions reported House Bill No. 5018, entitled A bill to amend 2003 PA 215, entitled “Credit union act,” by amending sections 201, 210, 221, 303, 306, and 341 (MCL 490.201, 490.210, 490.221, 490.303, 490.306, and 490.341), sections 201 and 341 as amended by 2004 PA 471. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Darwin L. Booher Chairperson To Report Out: Yeas: Senators Booher, O’Brien, Nofs, Zorn, MacGregor, Rocca, Hertel and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Banking and Financial Institutions reported House Bill No. 5019, entitled A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 407 (MCL 490.407), as amended by 2004 PA 471. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Darwin L. Booher Chairperson To Report Out: Yeas: Senators Booher, O’Brien, Nofs, Zorn, MacGregor, Rocca, Hertel and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Banking and Financial Institutions reported House Bill No. 5020, entitled A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 207 (MCL 490.207). With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Darwin L. Booher Chairperson To Report Out: Yeas: Senators Booher, O’Brien, Nofs, Zorn, MacGregor, Rocca, Hertel and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Banking and Financial Institutions reported House Bill No. 5021, entitled A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 371 (MCL 490.371), as amended by 2004 PA 471. No. 26] [March 10, 2016] JOURNAL OF THE SENATE ith the recommendation that the substitute (S-1) be adopted and that the bill then pass. W The committee further recommends that the bill be given immediate effect. Darwin L. Booher Chairperson To Report Out: Yeas: Senators Booher, O’Brien, Nofs, Zorn, MacGregor, Rocca, Hertel and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Banking and Financial Institutions reported House Bill No. 5022, entitled A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 411 (MCL 490.411). With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Darwin L. Booher Chairperson To Report Out: Yeas: Senators Booher, O’Brien, Nofs, Zorn, MacGregor, Rocca, Hertel and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Banking and Financial Institutions submitted the following: T Meeting held on Tuesday, March 8, 2016, at 2:30 p.m., Room 100, Farnum Building Present: Senators Booher (C), O’Brien, Nofs, Zorn, MacGregor, Rocca, Hertel and Young The Committee on Finance reported Senate Bill No. 395, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 277. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Finance submitted the following: T Meeting held on Tuesday, March 8, 2016, at 2:30 p.m., Room 210, Farnum Building Present: Senators Brandenburg (C), Robertson, Knollenberg, Casperson, Proos, Bieda and Warren COMMITTEE ATTENDANCE REPORT he Subcommittee on Corrections submitted the following: T Meeting held on Wednesday, March 9, 2016, at 12:30 p.m., Room 405, Capitol Building Present: Senators Proos (C), Knollenberg and Gregory COMMITTEE ATTENDANCE REPORT he Subcommittee on General Government submitted the following: T Meeting held on Thursday, March 10, 2016, at 8:30 a.m., Room 100, Farnum Building Present: Senators Stamas (C), Nofs, Booher and Young 339 340 JOURNAL OF THE SENATE [March 10, 2016] [No. 26 COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, March 10, 2016, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood COMMITTEE ATTENDANCE REPORT he Subcommittee on Transportation submitted the following: T Meeting held on Thursday, March 10, 2016, at 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hansen (C), Knollenberg and Young Scheduled Meetings Appropriations - Wednesday, March 16, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-1801) Subcommittees Agriculture and Rural Development - Tuesdays, March 15 (CANCELED) and March 22, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Community Colleges - Friday, March 18, 1:00 p.m., Kirtland Community College, Rooms 251-252, Administra­ tion Build­ ing, 10775 N. Saint Helen Road, Roscommon; and Wednesday, March 23, 9:00 a.m., Room 100, Farnum Building (373-2768) General Government - Thursdays, March 17 and March 24, 8:30 a.m., Room 100, Farnum Building (373-2768) K-12, School Aid, Education - Wednesday, March 16, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) State Police and Military Affairs - Tuesdays, March 15, 8:00 a.m., Rooms 402 and 403; March 22, 8:30 a.m., Room 405; and May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursdays, March 17 and March 24, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Education - Tuesday, March 15, 12:00 noon, Room 110, Farnum Building (373-5314) Health Policy - Tuesday, March 15, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Judiciary - Tuesday, March 15, 3:00 p.m., Room 110, Farnum Building (373-1721) Legislative Council - Thursday, March 17, 9:30 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-0212) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:33 a.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Tuesday, March 15, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 27 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Tuesday, March 15, 2016. 10:00 a.m. The Senate was called to order by the Assistant President pro tempore, Senator Margaret E. O’Brien. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 342 JOURNAL OF THE SENATE [March 15, 2016] [No. 27 Pastor Rick Lippert of Barryton Church of Christ of Barryton offered the following invocation: Almighty and Sovereign God, we come before You today with grateful hearts for the privilege of living in such a great nation; for Your great blessing of freedom; and the protection You have shown us to live, speak, worship, and conduct busi­ness without fear through these many years. We thank You for the wisdom of great leaders and for their willingness to stand for good throughout the rest of our nation and the world. We thank You for the guidance of our forefathers and their fore­sight and determination that such a nation would never succeed without its foundation continuing to rest upon godly principles. Father, we truly thank You for our country, our Constitution, and for those who care so greatly for the people of the state of Michigan as to give of their time and talents. We pray this morning for Your hand of guidance and discernment for our Governor and Senators and all political leaders. We pray that You will grant them wisdom and the courage to uphold the Constitution which establishes a republic based on Your absolute laws, not a democracy based on the changing whims of man’s reasoning. May they realize that all authority comes from You. Help them to lead and govern with integrity, and may that integrity guide them and keep them on course. Lord, please be merciful, and help them to be spirit-filled and to follow Your godly principles upon which our country was founded. We pray today, Lord, that You would be their defender and protector, and keep them always on guard, helping them to be strong in their convictions and courageous. Bless them today, Lord, helping them to stand firm in their faith, influencing others for Your kingdom. Please encourage them today, and grant wisdom generously as Your Word promises in James 1:5, where it says: “If any of you lacks wisdom, you should ask God, who gives generously to all without finding fault, and it will be given to you.” We pray for boldness to once again call right, right and wrong, wrong; that we might once again return to the godly nation You intended for us to be. You are the same yesterday, today, and forever. We call upon You today to guide our state, our nation, and this assembly in Your ways. In Christ’s name, we pray. Amen. The Assistant President pro tempore, Senator O’Brien, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Hood moved that Senators Ananich, Johnson, Smith and Young be temporarily excused from today’s session. S The motion prevailed. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:07 a.m. 10:48 a.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. During the recess, Senators Young, Smith and Johnson entered the Senate Chamber. The following communication was received and read: Office of the Auditor General March 11, 2016 nclosed is a copy of the following Report on Internal Control, Compliance, and Other Matters for the fiscal year ended E September 30, 2015: •  State of Michigan Comprehensive Annual Financial Report. Sincerely, Doug Ringler Auditor General The audit report was referred to the Committee on Government Operations. No. 27] [March 15, 2016] JOURNAL OF THE SENATE 343 The Secretary announced that the following bills were printed and filed on Thursday, March 10, and are available at the Michigan Legislature website: Senate Bill No. 852 House Bill Nos. 5447 5448 5449 5450 5451 5452 Messages from the Governor The following message from the Governor was received on March 10, 2016, and read: EXECUTIVE ORDER No. 2016-5 Creation of the 21st Century Infrastructure Commission Executive Office of the Governor WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and WHEREAS, Section 4 of Article V of the Michigan Constitution of 1963 authorizes the establishment of temporary commissions or agencies for special purposes; and WHEREAS, under Section 1 of 1931 PA 195, being MCL 10.51, the Governor may, at such times and for such purposes as the Governor deems necessary or advisable, create special advisory bodies consisting of as many members as the Governor deems appropriate; and WHEREAS, Section 17 of Article V of the Michigan Constitution of 1963 empowers the Governor to present to the Legis­ lature information as to the affairs of the state and recommend measures that he considers necessary or desirable; and WHEREAS, sound and modern infrastructure is vital to the health and well-being of the people of Michigan, as well as Michigan’s economy and vibrant communities to continue and accelerate our economic comeback, we must preserve, main­ tain, and improve our infrastructure now and in the future; and WHEREAS, citizens expect state and local government to provide safe and cost-effective access to transportation, water and sewer, wastewater treatment and drainage, energy, communications, and other services; and WHEREAS, Michigan is building automobiles for the 21st century and therefore must have a 21st century transport systems to move people and goods yet over 1,200 Michigan bridges are structurally deficient and over 1,700 are functionally obsolete; and WHEREAS, outdated water and sewer infrastructure represent potential significant health hazards and costs to citizens and government; and WHEREAS, Michigan’s aging wastewater treatment systems represent a barrier to economic growth and water quality improvements; and WHEREAS, an adaptable, reliable, affordable, and environmentally protective energy system is paramount to economic prosperity yet Michigan’s infrastructure is aging; and WHEREAS, Michigan’s growing technology sector is heavily reliant on communications and our cyber networks are integral to Michigan’s infrastructure, economic growth, and quality of life; and WHEREAS, it is important that the state of Michigan develop a comprehensive, coordinated, and effective infrastructure system long-term vision that guides strategic infrastructure planning, investment, and prioritization in Michigan; and WHEREAS, this plan must be strategic, effective, and affordable at the local and state level in order to provide the infrastructure our state needs today and into the future; and WHEREAS, an ongoing and full assessment of Michigan’s infrastructure challenges, opportunities, and costs is needed; and WHEREAS, Michigan should look to experts and leaders from across the state who are committed to Michigan’s future to identify current conditions and future infrastructure needs, develop a comprehensive strategy for identifying and priori­ tizing investments in transportation, water and sewer, wastewater infrastructure, energy, telecommunications and other areas, and the funding of these investments; and WHEREAS, the establishment of a 21st Century Infrastructure Commission will advise and assist in matters relating to the assessment and development of a 21st Century infrastructure strategy and will be responsible for providing a full set of recommendations by September 30, 2016; NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I.  CREATION OF THE 21st CENTURY INFRASTRUCTURE COMMISSION A. The 21st Century Infrastructure Commission (the “Commission”) is created as a temporary commission pursuant to Article V, Section 4 of the Constitution of the State of Michigan of 1963 and shall serve an advisory body within the Executive Office of the Governor. 344 JOURNAL OF THE SENATE [March 15, 2016] [No. 27 B. The Commission shall be an independent and autonomous entity with the intent that its authority, powers, duties, and responsibilities be exercised free from the direction and supervision of the principal departments in the executive branch and shall be composed of twenty-seven (27) members appointed as follows. 1. The Governor shall appoint fifteen (15) voting members to the Commission, serving at the pleasure of the Governor. 2. The following four (4) voting members: • One (1) member appointed by the Speaker of the House; • One (1) member appointed by the House Minority Leader; • One (1) member appointed by the Senate Majority Leader; and • One (1) member appointed by the Senate Minority Leader. 3. The directors or chair of the following eight (8) departments and agencies or their designees from within their respective departments or agencies who shall be non-voting, ex officio members: • Department of Transportation; • Department of Environmental Quality; • Department of Agriculture and Rural Development; • Department of Technology, Management and Budget; • Michigan Economic Development Corporation; • Department of Natural Resources; • Michigan Agency for Energy; and • Michigan Public Service Commission. C. A vacancy on the Commission shall be filled in the same manner as the original appointment. D. The Commission shall include individuals representing the business, government, nonprofit, and philanthropic com­mu­ ni­ties who have a particular interest or expertise in infrastructure. Specifically, Commission members will need to possess expertise in infrastructure design and planning, underground infrastructure, municipal planning, public utilities, water and sewer infrastructure, wastewater treatment and drainage, and/or communications and technology. II.  CHARGE TO THE COMMISSION The Commission shall act in an advisory capacity to the Governor and the state of Michigan, determine the scope of a comprehensive infrastructure vision for Michigan, and shall do all of the following: 1. Bring together the following infrastructure components for all-inclusive strategic asset management, including shortterm capital planning needs, long-term strategy, sharing of templates and best practices and recommended funding mechanisms in the areas of transportation (including mobility), water and sewer, wastewater treatment and drainage, energy, communi­ cations and any other necessary components identified by the Commission. 2. Complete an assessment of current infrastructure needs throughout the state, both at the state and local level. 3. Research and benchmark other states and nations to identify and recommend best practices. 4. Develop methods to incentivize and encourage joint evaluation and planning of infrastructure needs, state and local cooperation and collaboration, including asset management coordination and methods to encourage and incentivize longer term planning for more strategic management. 5. Promote partnerships between governments, businesses, nonprofit organizations, and philanthropies towards the creation of a 21st Century Infrastructure Strategy. 6. Give consideration to whole of life costs of infrastructure and the medium and long term economic value of the infra­ structure to the state. 7. Develop methods for incorporating land-use, quality of life, and economic development activities with statewide infra­ structure planning. 8. Develop methods for incorporating 21st century communications and technology with statewide infrastructure planning. 9. Create an assessment of needed financing options for implementation of infrastructure recommendations, utilizing state and local opportunities along with public-private partnerships. 10. Explore the use of infrastructure evaluation information technology including data analysis that would help in various aspects of planning, evaluation, asset management, investment, operation, and/or potential prediction of failures of various infrastructure. 11. Prioritize needs for the next 30-50 years. 12. Develop confidence in Michigan’s residents, businesses, and future industries of our sound infrastructure system. 13. Provide other information or advice as directed by the Governor. 14. No later than November 30, 2016, shall complete its work and issue a final report to the Governor for his considera­ tion. A copy of the final report shall be transmitted to the Legislature. 15. Ninety days (90) after issuance and transference of its final report, the Commission shall be deemed to have met the charges placed upon it by this Executive Order and shall cease operations. III. OPERATIONS OF THE COMMISSION A. The Commission shall be staffed by personnel from and assisted by state departments and agencies as directed by the Governor’s Office. No. 27] [March 15, 2016] JOURNAL OF THE SENATE 345 B. The Governor shall designate the Chairperson or Chairpersons of the Commission who shall serve as Chair at the pleasure of the Governor. C. The Commission may select from among its members a Vice Chairperson. D. The Commission shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Commission. Meetings of the Commission may be held anywhere within the state of Michigan. E. The Commission may establish workgroups or committees assigning Commission members to and inviting public participation on these workgroups or committees as the Commission deems necessary. F. The Commission may adopt, reject, or modify recommendations made by the workgroups or committees. G. A majority of the voting members of the Commission serving constitutes a quorum for the transaction of the commis­ sion’s business notwithstanding the existence of one (1) or more vacancies. The Commission shall act by majority vote of its present and voting members. H. The Commission shall adopt procedures consistent with Michigan law and this Order governing its organization and operations. I. The Commission may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. Subject to the Governor’s approval, the Commission may consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, government agencies, and the nonprofit sector. J. Members of the Commission shall serve without compensation. Subject to the Governor’s approval and available funding, members of the Commission may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Michigan Civil Service Commission and the Department of Technology, Management and Budget. K. Subject to the Governor’s approval, the Commission may hire or retain contractors, sub-contractors, advisors, consul­ tants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Commission and the performance or its duties, as the Governor deems advisable and necessary in accordance with the relevant statutes, rules, and procedures or the Civil Service Commission and the Department of Technology, Management and Budget. L. The Commission may accept grants of funds, donations of funds, property, labor, services, or other things of value from any public or private agency or person. Any donations shall be expended in accordance with applicable laws, rules, and procedures. M. Members of the Commission, staff, or contractors shall refer all legal, legislative, and media contacts relating to Commission actions or activities to the Office of the Governor. IV. MISCELLANEOUS A. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state shall give to the Commission, or to any member or representative of the Commission, any necessary assistance required by the Commission or any member or representative of the Commission, in the performance of the duties of the Commission so far as is compatible with its, his, or her duties. B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order shall not abate by reason of the taking effect of this Order. C. Nothing in this Order shall be construed to change the organization of the executive branch of state government or the assignment of functions among its units in a manner requiring the force of law. D. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order. This Executive Order shall become effective upon filing. Given under my hand and the Great Seal of the state of Michigan this 10th day of March, in the Year of our Lord [SEAL] Two Thousand Sixteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. The following messages from the Governor were received and read: February 26, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Electronic Recording Commission Donna M. Krall of 2817 Trafford Drive, Royal Oak, Michigan 48073, county of Oakland, representing individuals engaged in the practice of banking, succeeding herself, is reappointed for a term expiring January 1, 2018. 346 JOURNAL OF THE SENATE [March 15, 2016] [No. 27 Christian E. Meyer of 1410 Pontiac Road, S.E., Grand Rapids, Michigan 49506, county of Kent, representing attorneys licensed to practice law in the state and whose expertise emphasizes real property matters, succeeding himself, is reappointed for a term expiring January 1, 2018. Lori A. Wilson of 341 S. Vine Street, Stanton, Michigan 48888, county of Montcalm, representing county register of deeds, succeeding Bambi Somerlott, is appointed for a term expiring January 1, 2018. Thomas D. Richardson of 3368 Oak Hollow Drive, Ann Arbor, Michigan 48103, county of Washtenaw, representing individuals engaged in the land title profession, succeeding himself, is reappointed for a term expiring January 1, 2018. March 3, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Cherry Committee Michael A. DeRuiter of 1930 N. Water Road, Hart, Michigan 49420, county of Oceana, representing District 2 tart cherry growers, succeeding himself, is reappointed for a term expiring February 1, 2019. Joseph Muvrin of 43832 County Road 374, Paw Paw, Michigan 49079, county of Van Buren, representing District 3 sweet cherry growers, succeeding Marc Willmeng, is appointed for a term expiring February 1, 2019. Daryl K. Peterson of 6115 W. Olmstead Road, Ludington, Michigan 49431, county of Mason, representing District 2 sweet cherry growers, succeeding himself, is reappointed for a term expiring February 1, 2019. March 3, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Citizen-Community Emergency Response Coordinating Council Marc Breckenridge of 3332 Endsleigh Lane, Ypsilanti, Michigan 48197, county of Washtenaw, representing individuals with technical expertise related to emergency response, succeeding himself, is reappointed for a term expiring December 31, 2019. Alisha D. Clack of 309 N. Dunbar Street, Potterville, Michigan 48876, county of Eaton, representing the general public, succeeding herself, is reappointed for a term expiring December 31, 2019. Michael A. Yankowski of 4260 Chancellor Drive, DeWitt, Michigan 48820, county of Clinton, representing individuals with technical expertise related to emergency response, succeeding Roger Caris, is appointed for a term expiring December 31, 2019. March 3, 2016 I respectfully submit to the Senate the following appointments to office: Corn Marketing Program of Michigan Steven J. Lonier of 14300 Lowell Road, Lansing, Michigan 48906, county of Clinton, representing District 6 growers, succeeding himself, is reappointed for a term expiring March 5, 2019. Craig McManus of 8443 Wilcox Road, Eaton Rapids, Michigan 48827, county of Eaton, representing District 5 growers, succeeding Richard Dobbins, is appointed for a term expiring March 5, 2019. Paul B. Wagner of 5899 County Road 633, Grawn, Michigan 49637, county of Grand Traverse, representing District 9 growers, succeeding himself, is reappointed for a term expiring March 5, 2019. March 3, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Dairy Marketing Program Committee Timothy C. Hood of 41488 County Road 358, Paw Paw, Michigan 49079, county of Van Buren, representing Michigan Milk Producers Association, succeeding himself, is reappointed for a term expiring December 31, 2018. Peter J. Kleiman of W2017 Kleiman Lane No. 39, Wilson, Michigan 49896, county of Menominee, representing Michigan Farm Bureau, succeeding Anna Link, is appointed for a term expiring December 31, 2018. Dwight H. Nash of 4717 N. Shepardsville Road, Elsie, Michigan 48831, county of Clinton, representing Dairy Farmers of America, succeeding himself, is reappointed for a term expiring December 31, 2018. Kenneth P. Nobis of 1513 N. Lowell Road, St. Johns, Michigan 48879, county of Clinton, representing Michigan Milk Producers Association, succeeding himself, is reappointed for a term expiring December 31, 2018. James W. Reid of 5729 Burtch Road, Grant Township, Michigan 48032, county of Saint Clair, representing Dairy Farmers of America, succeeding himself, is reappointed for a term expiring December 31, 2018. March 3, 2016 I respectfully submit to the Senate the following appointments to office: Advisory Council on Deaf, Deafblind and Hard of Hearing Karen J. Bailey of 2220 Steeplechase Drive, Ann Arbor, Michigan 48103, county of Washtenaw, representing individuals knowledgeable in the field of deafness, succeeding Helen Boucher, is appointed for a term expiring January 18, 2019. No. 27] [March 15, 2016] JOURNAL OF THE SENATE 347 Christopher H. Hunter of 1773 Maple Street, Holt, Michigan 48842, county of Ingham, representing deaf or hard of hearing persons, succeeding Patrick Baker, is appointed for a term expiring January 18, 2019. Sarah Ann Liming of 2325 Heights Avenue, Lansing, Michigan 48912, county of Ingham, representing deaf or hard of hearing persons, succeeding herself, is reappointed for a term expiring January 18, 2019. Todd Morrison of 9819 Fountain Lane, Fowlerville, Michigan 48836, county of Livingston, representing individuals knowledgeable in the field of deafness, succeeding Renea Forrest, is appointed for a term expiring January 18, 2019. March 3, 2016 I respectfully submit to the Senate the following appointment to office: Local Community Stabilization Authority Council Scott Erbisch of 204 W. Nicolet Boulevard, Marquette, Michigan 49855, county of Marquette, succeeding himself, is reappointed for a term expiring September 3, 2021. March 3, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Tree Fruit Commission James Engelsma of 3520 O’Brien Street, S.W., Grand Rapids, Michigan 49534, county of Kent, representing fruit growers in District 2, succeeding himself, is reappointed for a term expiring March 1, 2019. Mark A. Miezio of 10351 East Solem Road, Suttons Bay, Michigan 49682, county of Leelanau, representing fruit growers in District 1, succeeding himself, is reappointed for a term expiring March 1, 2019. Michael R. VanAgtmael of 3488 E. Fox Road, Hart, Michigan 49420, county of Oceana, representing fruit growers in District 2, succeeding himself, is reappointed for a term expiring March 1, 2019. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Knezek as Chair­ person. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 579, entitled A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2 and 4 (MCL 125.2652 and 125.2654), section 2 as amended by 2013 PA 67 and section 4 as amended by 2012 PA 502. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 619, entitled A bill to amend 1980 PA 450, entitled “The tax increment finance authority act,” by amending sections 1 and 3 (MCL 125.1801 and 125.1803), section 1 as amended by 2014 PA 38 and section 3 as amended by 2005 PA 14. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 620, entitled A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; 348 JOURNAL OF THE SENATE [March 15, 2016] [No. 27 to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending sections 1 and 3 (MCL 125.1651 and 125.1653), section 1 as amended by 2013 PA 66 and section 3 as amended by 2005 PA 115. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 621, entitled A bill to amend 2005 PA 280, entitled “Corridor improvement authority act,” by amending sections 3 and 18 (MCL 125.2873 and 125.2888), section 3 as amended by 2013 PA 68 and section 18 as amended by 2008 PA 44. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 622, entitled A bill to amend 2008 PA 94, entitled “Water resource improvement tax increment finance authority act,” by amending sections 3 and 15 (MCL 125.1773 and 125.1785), section 3 as amended by 2013 PA 25. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 623, entitled A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending sections 2 and 4 (MCL 125.2152 and 125.2154), section 2 as amended by 2013 PA 62 and section 4 as amended by 2012 PA 290. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 624, entitled A bill to amend 2004 PA 530, entitled “Historical neighborhood tax increment finance authority act,” by amending sections 3 and 17 (MCL 125.2843 and 125.2857), section 3 as amended by 2010 PA 237. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senator Ananich entered the Senate Chamber. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 773 Senate Bill No. 314 The motion prevailed. No. 27] [March 15, 2016] JOURNAL OF THE SENATE 349 The following bill was read a third time: Senate Bill No. 773, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by repealing section 48714 (MCL 324.48714). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 105 Yeas—38 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Knollenberg Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 314, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2012 PA 522. The question being on the passage of the bill, Senator Hopgood offered the following amendment: 1. Amend page 11, following line 1, by inserting: “(14) A PERSON WHO IS EXEMPT FROM THE SEASONAL REDUCTIONS UNDER SUBSECTION (8) IS LIABLE TO THE STATE TRANSPORTATION DEPARTMENT OR A COUNTY ROAD COMMISSION FOR DAMAGE TO ANY ROADS OR BRIDGES UNDER THE AUTHORITY OF THE STATE TRANSPORTATION DEPARTMENT OR THAT COUNTY ROAD COMMISSION CAUSED BY THAT PERSON WHILE TRAVELING ON THAT ROAD OR BRIDGE DURING THE SEASONAL WEIGHT RESTRICTION PERIOD DESCRIBED IN SUBSECTION (8).” and renumbering the remaining subsection. The amendment was not adopted, a majority of the members serving not voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 106 Ananich Booher Yeas—26 Horn Hune MacGregor Proos Marleau Robertson 350 JOURNAL OF THE SENATE [March 15, 2016] [No. 27 Brandenburg Johnson Meekhof Schmidt Gregory Jones Nofs Shirkey Hansen Knezek O’Brien Stamas Hertel Knollenberg Pavlov Zorn Hildenbrand Kowall Nays—12 Bieda Emmons Casperson Green Colbeck Hood Hopgood Smith Rocca Warren Schuitmaker Young Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. Senators Hopgood and Schmidt asked and were granted unanimous consent to make statements and moved that the state­ ments be printed in the Journal. The motion prevailed. Senator Hopgood’s statement is as follows: Thank you for considering this amendment to Senate Bill No. 314. The Legislature enacted frost laws to protect our infrastructure during its most vulnerable time. Since it has been enacted, individual business interests have come back and slowly chipped away at this legislation. My amendment aims to hold all private interests that are exempt from frost laws accountable for any damage that might be done to our roads as a result of these carve-outs. In fact, many of our counties have required this sort of policy in the permits that they issue during this time. It is actually something that follows what happens in many parts of the state. Until the roads in this state are properly funded, I implore all of you to stop these carve-outs that further harm the infrastructure in the state. This amendment would apply to all of the carve-outs that are currently in law. Please consider the conditions of our infrastructure. I would appreciate members’ support of this amendment. enator Schmidt’s statement is as follows: S I would encourage a “no” vote on this amendment. Road commissions are already able to negotiate this with the haulers, and haulers are already responsible for any damages that occur. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senators Stamas, Horn, Brandenburg, Shirkey and Schmidt introduced Senate Bill No. 853, entitled A bill to preempt local ordinances regulating the use, disposition, or sale of, prohibiting or restricting, or imposing any fee, charge, or tax on certain containers. The bill was read a first and second time by title and referred to the Committee on Commerce. Senator Young introduced Senate Bill No. 854, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” (MCL 388.1601 to 388.1896) by adding section 31e. The bill was read a first and second time by title and referred to the Committee on Appropriations. No. 27] [March 15, 2016] JOURNAL OF THE SENATE 351 Committee Reports COMMITTEE ATTENDANCE REPORT he Subcommittee on Health and Human Services submitted the following: T Meeting held on Thursday, March 10, 2016, at 1:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Marleau (C), MacGregor, Proos, Shirkey, Gregory and Hertel Excused: Senator Hansen COMMITTEE ATTENDANCE REPORT he Subcommittee on Higher Education submitted the following: T Joint meeting held on Thursday, March 10, 2016, at 1:00 p.m., House Appropriations Room, 3rd Floor, Capitol Building Present: Senators Schuitmaker (C), MacGregor and Hertel COMMITTEE ATTENDANCE REPORT he Subcommittee on Licensing and Regulatory Affairs submitted the following: T Meeting held on Thursday, March 10, 2016, at 1:00 p.m., Room 100, Farnum Building Present: Senators Knollenberg (C) and Young Excused: Senator Marleau COMMITTEE ATTENDANCE REPORT he Committee on Economic Development and International Investment submitted the following: T Meeting held on Thursday, March 10, 2016, at 2:00 p.m., University of Michigan Mcity Test Facility, Mcity Building, Mobility Transformation Center Conference Room, 2901 Baxter Road, Ann Arbor Present: Senators Horn (C), Schmidt, Stamas, Emmons, Warren and Bieda Excused: Senator Brandenburg COMMITTEE ATTENDANCE REPORT he Committee on Veterans, Military Affairs and Homeland Security submitted the following: T Meeting held on Thursday, March 10, 2016, at 2:00 p.m., Room 110, Farnum Building Present: Senators O’Brien (C), Zorn, Colbeck and Knezek Excused: Senator Emmons COMMITTEE ATTENDANCE REPORT he Subcommittee on State Police and Military Affairs submitted the following: T Meeting held on Tuesday, March 15, 2016, at 8:00 a.m., Rooms 402 and 403, Capitol Building Present: Senators Nofs (C), Colbeck and Knezek Scheduled Meetings Appropriations - Wednesday, March 16, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-1801) Subcommittees Agriculture and Rural Development - Tuesday, March 22, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) 352 JOURNAL OF THE SENATE [March 15, 2016] [No. 27 Capital Outlay - Wednesday, March 16, 4:00 p.m. or later after committees are given leave by the House to meet, Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-8080) Community Colleges - Friday, March 18, 1:00 p.m., Kirtland Community College, Rooms 251-252, Administra­ tion Building, 10775 N. Saint Helen Road, Roscommon; and Wednesday, March 23, 9:00 a.m., Room 100, Farnum Building (373-2768) Corrections - Wednesday, March 16, 12:30 p.m., Room 405, Capitol Building (373-2768) General Government - Thursdays, March 17 and March 24, 8:30 a.m., Room 100, Farnum Building (373-2768) Judiciary - Wednesday, March 23, 9:00 a.m., Room 405, Capitol Building (373-2768) K-12, School Aid, Education - Wednesday, March 16, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) State Police and Military Affairs - Tuesdays, March 22, 8:30 a.m., Room 405 and May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursdays, March 17 and March 24, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Commerce - Wednesday, March 16, 8:30 a.m., Room 210, Farnum Building (373-5312) Economic Development and International Investment - Thursday, March 17, 12:30 p.m., Room 210, Farnum Building (373-5323) Elections and Government Reform - Thursday, March 17, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-1721) Families, Seniors and Human Services - Wednesday, March 16, 3:00 p.m., Room 210, Farnum Building (373-5323) Legislative Council - Thursday, March 17, 9:30 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-0212) Natural Resources - Wednesday, March 16, 12:30 p.m., Room 210, Farnum Building (373-5314) Transportation - Thursday, March 17, 8:30 a.m., Room 210, Farnum Building (373-5312) Transportation and House Transportation and Infrastructure - Thursday, March 24, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:06 a.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Wednesday, March 16, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 28 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Wednesday, March 16, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 354 JOURNAL OF THE SENATE [March 16, 2016] [No. 28 Pastor Ross Shannon of First Baptist Church of Lapeer offered the following invocation: Father God, we come before You this morning and ask for Your blessing. We have no good apart from You, so we ask You to come and give these servants wisdom to lead and legislate. May their leadership sustain our freedom to live peaceful and quiet lives and our freedom to live under Your good and sovereign hand in this land. May the work of these Senators recognize the worth of every human life no matter its size, ethnicity, neighborhood, and degree of dependency, location, or desirability by some. We are all made in Your image. You have given us all life, and You sustain that life by Your hand. I pray that we would do what we can to preserve it and receive it as a gift from You. May these servants love what You love and rule as You rule with equity and justice. Father, would You help us to recognize that You do according to Your will among the hosts of heaven and inhabitants of the earth. You work all things according to the counsel of Your will. Will you give us eyes this morning to see that none can stay Your hand or say to You, “What have You done?” There is no authority except from You, and where there is authority, as in this room this morning, it has been instituted by You. Would You raise up leaders who honor and recognize this. You resist the proud, and You give grace to the humble, so would You give us an awareness of these realities this morning. Please give us strength to serve in light of them. We are thankful that we receive all these good things from Your hand. We thank You for the greatest of good. We thank You for Your Son Jesus Christ, who came not to be served, but to serve and to give His life as a ransom for many. Father, would You bless this day in this place. Bless these servants, and we commit it all into Your good hands. We pray all this in the name of Jesus. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senator Casperson be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Schmidt, Green and Emmons admit­ tance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, March 15: House Bill Nos. 5184 5186 5187 5188 The Secretary announced that the following bills were printed and filed on Tuesday, March 15, and are available at the Michigan Legislature website: Senate Bill Nos. 853 854 House Bill Nos. 5453 5454 5455 5456 5457 5458 5459 5460 5461 5462 5463 5464 5465 5466 5467 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:07 a.m. 10:16 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. No. 28] [March 16, 2016] JOURNAL OF THE SENATE 355 During the recess, Senator Emmons introduced Mount Pleasant Sacred Heart Academy Varsity Girls Cross Country Team, Division 4 State Champions; and Head Coach Mark Zitzelsberger; and presented them with a Special Tribute. Coach Zitzelsberger responded briefly. During the recess, Senators Casperson and Young entered the Senate Chamber. Messages from the Governor The following messages from the Governor were received: Date: March 15, 2016 Time: 11:34 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 473 (Public Act No. 43), being An act to amend 1993 PA 327, entitled “An act to provide for a tax upon the sale and distribution of tobacco products; to regulate and license manufacturers, wholesalers, secondary wholesalers, vending machine operators, unclassified acquirers, transportation companies, transporters, and retailers of tobacco products; to prescribe the powers and duties of the revenue division and the department of treasury in regard to tobacco products; to provide for the administration, collection, and disposition of the tax; to levy an assessment; to provide for the administration, collection, defense, and disposition of the assessment; to provide for the enforcement of this act; to provide for the appointment of special investigators as peace officers for the enforcement of this act; to prescribe penalties and provide remedies for the violation of this act; to make and supplement appropriations; and to repeal acts and parts of acts,” (MCL 205.421 to 205.436) by adding section 6e. (Filed with the Secretary of State on March 15, 2016, at 1:40 p.m.) Date: March 15, 2016 Time: 11:40 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 51 (Public Act No. 39), being An act to amend 2001 PA 142, entitled “An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,” (MCL 250.1001 to 250.2080) by adding section 8a. (Filed with the Secretary of State on March 15, 2016, at 1:32 p.m.) Date: March 15, 2016 Time: 11:42 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 150 (Public Act No. 38), being An act to amend 1956 PA 218, entitled “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; 356 JOURNAL OF THE SENATE [March 16, 2016] [No. 28 to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policy­holders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,” (MCL 500.100 to 500.8302) by adding section 3406t. (Filed with the Secretary of State on March 15, 2016, at 1:30 p.m.) Date: March 15, 2016 Time: 11:44 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 444 (Public Act No. 40), being An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” (MCL 333.1101 to 333.25211) by adding part 209A. (Filed with the Secretary of State on March 15, 2016, at 1:34 p.m.) Date: March 15, 2016 Time: 11:52 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 578 (Public Act No. 44), being An act to amend 2002 PA 660, entitled “An act to prohibit certain lending practices; to require disclosure of certain information for home loans; to prescribe certain duties and obligations of the lender in a home loan transaction; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide for remedies,” by amending sections 2, 6, and 13 (MCL 445.1632, 445.1636, and 445.1643), section 2 as amended by 2012 PA 443; and to repeal acts and parts of acts. (Filed with the Secretary of State on March 15, 2016, at 1:42 p.m.) Date: March 15, 2016 Time: 11:54 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 644 (Public Act No. 45), being An act to amend 1987 PA 230, entitled “An act to authorize certain local governmental units to incorporate municipal health facilities corporations and subsidiary municipal health facilities corporations for establishing, modifying, operating, and managing health services and acquiring, constructing, adding to, repairing, remodeling, renovating, equipping, and re-equipping hospitals and other health care facilities and related purposes; to provide for the application of this act to existing municipal hospitals and for the transfer of ownership of hospital funds and personal property; to validate and ratify the existence, organization, actions, proceedings, and board membership of existing organizations acting as county public hospitals; to provide for the appointment of trustees; to grant certain powers of a public body corporate to health facilities corporations and subsidiary health facilities corporations; to empower certain local governmental units to encumber No. 28] [March 16, 2016] JOURNAL OF THE SENATE 357 property for the benefit of, transfer or make property available to, issue bonds to construct facilities to be used by, appropriate funds for, and levy a tax for, municipal health facilities corporations and subsidiary municipal health facilities corporations; to empower certain local governmental units to guarantee obligations of municipal health facilities corporations and subsidiary municipal health facilities corporations and to permit certain local governmental units to pledge their full faith and credit to pay such guaranties; to provide for transfer of ownership or operation of health care facilities and health services to nonprofit health care organizations; to authorize municipal health facilities corporations and subsidiary municipal health facilities corporations to borrow money and issue notes for the purposes of meeting expenses of operation and to issue corporation obligations for the purpose of acquisition, construction, repair, remodeling, equipping or re-equipping of health care facilities and for the refinancing, refunding, or refunding in advance of indebtedness of the municipal health facilities corporations or the subsidiary municipal health facilities corporations or of indebtedness of certain local governmental units undertaken on their behalf; to authorize municipal health facilities corporations and subsidiary municipal health facilities corporations to enter into mortgages, deeds of trust, and other agreements for security which may include provisions for the appointment of receivers; to exempt obligations and property of municipal health facilities corporations and subsidiary municipal health facilities corporations from taxation; and to provide other rights, powers, and duties of municipal health facilities corporations and subsidiary municipal health facilities corporations,” by amending section 305a (MCL 331.1305a), as added by 2010 PA 331. (Filed with the Secretary of State on March 15, 2016, at 1:44 p.m.) Date: March 15, 2016 Time: 11:56 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 471 (Public Act No. 41), being An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contra­ vening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 8134 (MCL 600.8134), as amended by 2014 PA 60. (Filed with the Secretary of State on March 15, 2016, at 1:36 p.m.) Date: March 15, 2016 Time: 11:58 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 472 (Public Act No. 42), being An act to amend 1999 PA 244, entitled “An act to require tobacco product manufacturers to place funds in escrow for medical expenses incurred by the state due to tobacco related illnesses; to establish a formula for determining the amount of the escrow; to establish the conditions for release of funds from escrow; to prescribe powers and duties of the attorney general; and to provide for civil penalties for violation of this act,” by amending sections 1 and 2 (MCL 445.2051 and 445.2052), section 2 as amended by 2003 PA 286. (Filed with the Secretary of State on March 15, 2016, at 1:38 p.m.) Respectfully, Rick Snyder Governor By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Knollenberg as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill: House Bill No. 4792, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16171 (MCL 333.16171), as amended by 1985 PA 82. The bill was placed on the order of Third Reading of Bills. 358 JOURNAL OF THE SENATE [March 16, 2016] [No. 28 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5034, entitled A bill to provide for fiduciary access to digital assets; and to provide for the powers and procedures of the court that has jurisdiction over these matters. Substitute (S-1). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 21, following line 1, by inserting: “Enacting section 1. This act takes effect 90 days after the date it is enacted into law.”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved to reconsider the vote by which the following bill was passed: Senate Bill No. 314, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2012 PA 522. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 314 Senate Bill No. 579 Senate Bill No. 619 Senate Bill No. 620 Senate Bill No. 621 Senate Bill No. 622 Senate Bill No. 623 Senate Bill No. 624 The motion prevailed. The following bill was announced: Senate Bill No. 314, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2012 PA 522. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 107 Ananich Booher Brandenburg Casperson Emmons Gregory Hansen Yeas—28 Hertel Knollenberg Pavlov Hildenbrand Kowall Proos Horn MacGregor Robertson Hune Marleau Schmidt Johnson Meekhof Shirkey Jones Nofs Stamas Knezek O’Brien Zorn Nays—10 Bieda Hood Schuitmaker Warren Colbeck Hopgood Smith Young Green Rocca No. 28] [March 16, 2016] JOURNAL OF THE SENATE 359 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. Protest Senator Colbeck, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 314. Senator Colbeck’s statement is as follows: The reason for my “no” vote is pretty simple. This is dealing with the wear and tear on our roads. Proposed in the bill is a specific exemption for maple syrup trucks. I ask my colleagues: What’s the difference between a pound of maple syrup and a pound of liquid propane, a pound of water, or a pound of gas? There is no difference. The key thing is the weight on the road. What pains me on this is that our laws are meant for the equal benefit of all of our citizens. That’s Article I, Section 1 of our Michigan Constitution. Legislation like this—this is just one example of a lot of bills that happen this way—seems to be driven more by what a specific group of donors want to push rather than what is best for all of our citizens. All I am asking for is that we have legislation that is fair to all; that treats the root issue rather than just treating a specific exemption for a specific industry class. The following bill was read a third time: Senate Bill No. 579, entitled A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2 and 4 (MCL 125.2652 and 125.2654), section 2 as amended by 2013 PA 67 and section 4 as amended by 2012 PA 502. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 108 Yeas—37 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Hune Nofs Smith Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hansen Nays—1 Horn Excused—0 360 JOURNAL OF THE SENATE [March 16, 2016] [No. 28 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 619, entitled A bill to amend 1980 PA 450, entitled “The tax increment finance authority act,” by amending sections 1 and 3 (MCL 125.1801 and 125.1803), section 1 as amended by 2014 PA 38 and section 3 as amended by 2005 PA 14. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 109 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Hune Emmons Johnson Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schuitmaker Marleau Shirkey Meekhof Smith Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—2 Horn Schmidt Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 620, entitled A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending sections 1 and 3 (MCL 125.1651 and 125.1653), section 1 as amended by 2013 PA 66 and section 3 as amended by 2005 PA 115. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 28] [March 16, 2016] JOURNAL OF THE SENATE Roll Call No. 110 361 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Hune Emmons Johnson Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schuitmaker Marleau Shirkey Meekhof Smith Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—2 Horn Schmidt Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 621, entitled A bill to amend 2005 PA 280, entitled “Corridor improvement authority act,” by amending sections 3 and 18 (MCL 125.2873 and 125.2888), section 3 as amended by 2013 PA 68 and section 18 as amended by 2008 PA 44. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 111 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Hune Emmons Johnson Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schuitmaker Marleau Shirkey Meekhof Smith Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—2 Horn Schmidt 362 JOURNAL OF THE SENATE [March 16, 2016] [No. 28 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 622, entitled A bill to amend 2008 PA 94, entitled “Water resource improvement tax increment finance authority act,” by amending sections 3 and 15 (MCL 125.1773 and 125.1785), section 3 as amended by 2013 PA 25. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 112 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Hune Emmons Johnson Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schuitmaker Marleau Shirkey Meekhof Smith Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—2 Horn Schmidt Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 623, entitled A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending sections 2 and 4 (MCL 125.2152 and 125.2154), section 2 as amended by 2013 PA 62 and section 4 as amended by 2012 PA 290. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 28] [March 16, 2016] JOURNAL OF THE SENATE 363 Roll Call No. 113 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Hune Emmons Johnson Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schuitmaker Marleau Shirkey Meekhof Smith Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—2 Horn Schmidt Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 624, entitled A bill to amend 2004 PA 530, entitled “Historical neighborhood tax increment finance authority act,” by amending sections 3 and 17 (MCL 125.2843 and 125.2857), section 3 as amended by 2010 PA 237. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 114 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Hune Emmons Johnson Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schuitmaker Marleau Shirkey Meekhof Smith Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—2 Horn Schmidt 364 JOURNAL OF THE SENATE [March 16, 2016] [No. 28 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills House Bill No. 5184, entitled A bill to amend 1937 PA 72, entitled “Division on deafness act,” by amending section 5 (MCL 408.205), as amended by 1988 PA 434. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Health Policy. House Bill No. 5186, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1534 (MCL 380.1534). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Health Policy. House Bill No. 5187, entitled A bill to amend 1899 PA 44, entitled “An act to provide for the publication and distribution of publications, laws, and documents, reports of the several officers, boards of officers and public institutions of this state now or hereafter to be published; to provide for the replacing of publications lost by fire or otherwise; to provide for the publication and distribution of the Michigan manual; to provide for duties of certain state and local government departments and agencies; to establish certain funds; and to provide for certain penalties and remedies,” by amending section 34 (MCL 24.34). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Health Policy. House Bill No. 5188, entitled A bill to amend 1937 PA 72, entitled “Division on deafness act,” by amending section 4 (MCL 408.204), as amended by 1988 PA 434. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Health Policy. Committee Reports The Committee on Judiciary reported Senate Bill No. 746, entitled A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 15 (MCL 722.125), as amended by 1993 PA 218. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson No. 28] [March 16, 2016] JOURNAL OF THE SENATE 365 To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 747, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 136b (MCL 750.136b), as amended by 2012 PA 194. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, March 15, 2016, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda COMMITTEE ATTENDANCE REPORT he Joint Select Committee on Flint Water Public Health Emergency (SCR 24) submitted the following: T Meeting held on Tuesday, March 15, 2016, at 8:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Stamas (C), Hune and Ananich COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, March 15, 2016, at 12:00 noon, Room 110, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Tuesday, March 15, 2016, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, March 15, 2016, at 12:30 p.m., Room 100, Farnum Building Present: Senators Zorn (C), Proos and Rocca Excused: Senators Brandenburg and Young COMMITTEE ATTENDANCE REPORT he Subcommittee on K-12, School Aid, Education submitted the following: T Meeting held on Wednesday, March 16, 2016, at 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hansen (C), Pavlov and Hopgood 366 JOURNAL OF THE SENATE [March 16, 2016] [No. 28 Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesday, March 22, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Community Colleges - Friday, March 18, 1:00 p.m., Kirtland Community College, Rooms 251-252, Administra­ tion Building, 10775 N. Saint Helen Road, Roscommon; and Wednesday, March 23, 9:00 a.m., Room 100, Farnum Building (373-2768) General Government - Thursdays, March 17 and March 24, 8:30 a.m., Room 100, Farnum Building and Tuesday, April 12, 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Higher Education - Thursday, March 24, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Judiciary - Wednesday, March 23, 9:00 a.m., Room 405, Capitol Building (373-2768) K-12, School Aid, Education - Wednesday, March 23, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) State Police and Military Affairs - Tuesdays, March 22, 8:30 a.m., Room 405 and May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursdays, March 17 and March 24, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Economic Development and International Investment - Thursday, March 17, 12:30 p.m., Room 210, Farnum Building (373-5323) Elections and Government Reform - Thursday, March 17, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-1721) Finance - Tuesday, March 22, 2:30 p.m., Room 210, Farnum Building (373-5312) Legislative Council - Thursday, March 17, 9:30 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-0212) Transportation - Thursday, March 17, 8:30 a.m., Room 210, Farnum Building (373-5312) Transportation and House Transportation and Infrastructure - Thursday, March 24, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:43 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, March 17, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 29 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Thursday, March 17, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—excused Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 368 JOURNAL OF THE SENATE [March 17, 2016] [No. 29 enator Vincent Gregory of the 11th District offered the following invocation: S Proverbs 3:5-6 says: “Trust in the Lord with all your heart and lean not on your own understanding; in all your ways acknowledge him, and he shall direct your paths.” Father, we ask You to fill the State Senators with Your Spirit of wisdom, understanding, counsel, might, and knowledge. Grant us favor, and prepare us to pursue Your excellence. Draw Your leaders to You, and cause us to know and fulfill Your purposes. Please place people in our paths who will provide scriptural, sound, and godly counsel to help us; for without Your counsel, our plans will go wrong. Impart Your wisdom and revelation to us about our leadership, and help us to lead. Deal with Your leaders with keeping their hearts and motives pure. We ask You to make our hearts flexible, willing, and obedient to Your will. Father, we ask You to raise up in us modernday Davids, Solomons, Josephs, Nehemiahs, Deborahs, Ruths, and Esthers who will joyfully and purposefully work to help rebuild and restore our communities. We ask this and all things in Jesus’ name. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Kowall moved that Senators Casperson, Green, Knollenberg, Marleau, Nofs and Shirkey be temporarily excused from today’s session. The motion prevailed. enator Hood moved that Senator Ananich be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Johnson be excused from today’s session. S The motion prevailed. Senators Shirkey, Knollenberg, Nofs, Casperson, Green and Ananich entered the Senate Chamber. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:04 a.m. 10:21 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator Marleau entered the Senate Chamber. The following communications were received: Department of State Administrative Rules Notices of Filing March 15, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-037-LR (Secretary of State Filing #16-03-06) on this date at 3:21 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Part 15. Excavators, Hoists, Elevators, Helicopters, and Conveyors.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. No. 29] [March 17, 2016] JOURNAL OF THE SENATE 369 March 15, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-038-LR (Secretary of State Filing #16-03-07) on this date at 3:21 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Part 10. Cranes and Derricks.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, March 16: House Bill Nos. 4869 5257 5275 5395 The Secretary announced that the following bills were printed and filed on Wednesday, March 16, and are available at the Michigan Legislature website: House Bill Nos. 5468 5469 5470 5471 5472 5473 5474 5475 5476 5477 5478 Senator Kowall moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today: Senate Bill No. 802 The motion prevailed, a majority of the members serving voting therefor. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Proos as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4813, entitled A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 3e (MCL 338.883e), as added by 1990 PA 246. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 395, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 277. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 802, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. 370 JOURNAL OF THE SENATE [March 17, 2016] [No. 29 By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 216, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 4, 6, 98, 107, 230, and 256 (MCL 388.1604, 388.1606, 388.1698, 388.1707, 388.1830, and 388.1856), section 4 as amended by 2012 PA 201, sections 6 and 107 as amended by 2015 PA 139, and sections 98, 230, and 256 as amended by 2015 PA 85. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expendi­ ture; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 4, 6, 98, 107, 230, and 256 (MCL 388.1604, 388.1606, 388.1698, 388.1707, 388.1830, and 388.1856), section 4 as amended by 2012 PA 201, section 6 as amended by 2015 PA 223, sections 98, 230, and 256 as amended by 2015 PA 85, and section 107 as amended by 2015 PA 139. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 115 Yeas—37 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hansen Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. No. 29] [March 17, 2016] JOURNAL OF THE SENATE 371 Senate Bill No. 375, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5111 (MCL 333.5111), as amended by 2010 PA 119. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 376, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5117 (MCL 333.5117), as amended by 2010 PA 119. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 377, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5119 (MCL 333.5119), as amended by 2000 PA 209. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 507, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 175. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 551, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 1104, 2801, 2803, 2807, 3206, 3207, 3209, 3614, and 3701 (MCL 700.1104, 700.2801, 700.2803, 700.2807, 700.3206, 700.3207, 700.3209, 700.3614, and 700.3701), section 1104 as amended by 2009 PA 46, section 2803 as amended by 2012 PA 173, section 2807 as amended by 2000 PA 54, sections 3206 and 3209 as amended by 2012 PA 63, section 3207 as amended by 2010 PA 325, and sections 3614 and 3701 as amended by 2006 PA 299, and by adding sections 3206a and 3206b; and to repeal acts and parts of acts. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: 372 JOURNAL OF THE SENATE [March 17, 2016] Roll Call No. 116 [No. 29 Yeas—37 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hansen Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate proceeded to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage: Senate Bill No. 802 The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 802 House Bill No. 5034 House Bill No. 4792 The motion prevailed. The following bill was read a third time: Senate Bill No. 802, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 29] Roll Call No. 117 [March 17, 2016] JOURNAL OF THE SENATE 373 Yeas—37 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hansen Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: President enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. Senators Hertel and Knollenberg asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Hertel’s statement is as follows: When firefighters get to the scene of a fire, they have to work as a team. I’m proud that we as a body have worked as a team to get this done. There are a lot of people to thank in this process. I would like to thank the Senator from the 29th District, the chair of the Appropriations Committee, for committing to do this and finding a way to get it done quickly. I would like to thank the Senator from the 13th District, the chairman of the subcommittee, who was able to actually find the money quickly and get this done. I want to thank our leader from the 30th District, who found a bipartisan solution to fund this fund as quickly as we have been able to do. His leadership is why this is getting done so quickly. I also want to thank the Senator from the 10th District whose original idea this was. He fought bravely to get this in front of us quickly two years ago. I want to thank the Senator from the 10th District for his leadership throughout his entire legislative career on this issue. Most of all, I want to thank the firefighters and their families. Many of them came down to the Capitol. Most importantly was the family of Steve Babcock. Steve lost his life, but his family never stopped fighting. I received letters from around the country on this. I really want to thank this entire body for getting this done today. I am proud to serve with all of you. Let’s get this through the House, and let’s make sure that never again is someone who is injured in the line of duty not taken care of. enator Knollenberg’s statement is as follows: S This appropriation will start the funding of the cancer presumption fund and ensure that our firefighters, who put them­ selves in harm’s way each and every day, receive the benefits they deserve. When a firefighter enters a burning building, they think of us, they think of the people they save, and they don’t think of themselves. After they leave that building and after their lifesaving days are done, it’s up to us to take care of the them. By funding the cancer presumption fund, it’s just one way to take care of those who take care of us each and every day. 374 JOURNAL OF THE SENATE [March 17, 2016] [No. 29 The following bill was read a third time: House Bill No. 5034, entitled A bill to provide for fiduciary access to digital assets; and to provide for the powers and procedures of the court that has jurisdiction over these matters. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 118 Yeas—37 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hansen Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4792, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16171 (MCL 333.16171), as amended by 1985 PA 82. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 119 Yeas—37 Ananich Hertel Bieda Hildenbrand Booher Hood Brandenburg Hopgood Casperson Horn Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Smith No. 29] [March 17, 2016] JOURNAL OF THE SENATE 375 Colbeck Hune O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hansen Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills enators Bieda, Ananich, Hertel, Gregory and Young introduced S Senate Joint Resolution P, entitled A joint resolution proposing an amendment to the state constitution of 1963, by adding section 21a to article V, to provide for the filling of a vacancy in the office of lieutenant governor. The joint resolution was read a first and second time by title and referred to the Committee on Government Operations. enators Bieda, Ananich, Hertel and Gregory introduced S Senate Joint Resolution Q, entitled A joint resolution proposing an amendment to the state constitution of 1963, by adding section 21a to article V, to provide for the filling of a vacancy in the office of lieutenant governor. The joint resolution was read a first and second time by title and referred to the Committee on Government Operations. 376 JOURNAL OF THE SENATE [March 17, 2016] [No. 29 Senator Hildenbrand introduced Senate Bill No. 855, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2015 PA 139 and section 17b as amended by 2007 PA 137. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Hildenbrand introduced Senate Bill No. 856, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Bieda introduced Senate Bill No. 857, entitled A bill to amend 2011 PA 256, entitled “Michigan fireworks safety act,” by amending sections 2 and 7 (MCL 28.452 and 28.457), section 2 as amended by 2012 PA 257 and section 7 as amended by 2013 PA 65. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senator Jones introduced Senate Bill No. 858, entitled A bill to amend 2012 PA 159, entitled “Revocation of paternity act,” by amending sections 13 and 15 (MCL 722.1443 and 722.1445), section 13 as amended by 2014 PA 374. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Jones introduced Senate Bill No. 859, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 707 and 901 (MCL 436.1707 and 436.1901), section 707 as amended by 2008 PA 11 and section 901 as amended by 2010 PA 175, and by adding sections 708 and 910. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. House Bill No. 4869, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1307a (MCL 600.1307a), as amended by 2012 PA 69. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5257, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 610. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. House Bill No. 5275, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 72101, 72115, and 81133 (MCL 324.72101, 324.72115, and 324.81133), section 72101 as amended by 2014 PA 211, sec­tion 72115 as amended by 2014 PA 213, and section 81133 as amended by 2014 PA 147, and by adding section 72117; and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. No. 29] [March 17, 2016] JOURNAL OF THE SENATE 377 House Bill No. 5395, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 5204e (MCL 324.5204e), as added by 2012 PA 511. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Natural Resources. Statements Senators Bieda, O’Brien and Young asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Bieda’s statement is as follows: I rise today to talk to you about protecting taxpayer dollars, because I’m concerned that the Governor’s unprecedented contracts for outside legal defense attorneys and their services are not in the taxpayers’ best interests. The other day, a former Attorney General, Frank Kelley, was quoted saying that during his 37 years as Attorney General, his office provided legal assistance to state officials facing criminal investigations, but would not approve funds for outside attorneys. I think this is the case we are facing today with these unprecedented contracts for outside legal counsel. As lawmakers, it is our responsibility to save taxpayers from undue burdens and ethical misconduct. This is especially true when we have concerns that pay-to-play politics are happening. Trust me, I have concerns. Attorney Todd Flood donated $10,000 to Attorney General Schuette, and now Flood and his associates may be receiving a $1.5 million state contract. When people holding the highest offices in the state appoint political donors to do the state’s bidding, it calls impartiality into question. The Flint water crisis deserves a thorough, hard-hitting, and independent examination, and I am not entirely confident we will get it. The other legal contracts are equally dubious. Employees from the firm Warner Norcross & Judd donated almost $10,000 to Governor Snyder, and now they’re receiving an $800,000 contract to defend him. I’d say that’s a pretty substantial return on an investment for that firm. That contract, coupled with the $249,000 that would be paid to Barris, Sott, Denn & Driker, for legal defense amounts to more than $1 million in fees being pulled from taxpayers’ pockets. That is a huge sum of money—money that could be used to help the people of Flint. Let’s consider the premise behind the Legal Defense Fund Act. The act specifies that any legal defense of an elected official should be paid with private funds and reported under that act, not taxpayer dollars. The Governor signed these contracts him­ self, and, as such, he should be paying for them out of his own legal defense fund, which he already should have created. When the State Administrative Board voted 4-0 to approve funding, the Governor, Lieutenant Governor, and the State Treasurer abstained from voting. Why? Because the Snyder Administration’s role in the water crisis is under investigation. That is proof positive that the legal defense fund is necessary. If there is even a whiff of criminal misconduct, whether that’s within a state department, the Attorney General’s office, or at the federal level, the public has a right to know. I think we all agree on that. I have said this before, and will say again: Michiganders deserve transparency, accountability, and, most importantly, answers. enator O’Brien’s statement is as follows: S I want to first wish all of my colleagues a Happy St. Patrick’s Day. This is a day that is very special and near and dear to my heart. It is my 15th wedding anniversary with my husband Nick. It has been such a wonderful thing to have been married to him for 15 wonderful years. I want to give an Irish Blessing to the Senate: “May the road rise up to meet you. May the wind be always at your back. May the sun shine warm upon your face, And rains fall soft upon your fields. And until we meet again, May God hold you in the hollow of His hand.” Happy St. Patrick’s Day, colleagues. enator Young’s statement is as follows: S To my good colleague from the 24th District, first of all, the Attorney General isn’t going to do anything, the Governor isn’t going to do anything, and the Republicans aren’t doing anything. Hold on, I will get the text. It says nothing. He says he knows the GOP. He is sitting up there talking about the Michigan police station. What does that have to do with anything? Nothing. Nine people have died. People have Legionnaires’ disease. Children are neurologically damaged for life, forever. He is sitting up there talking about some police station. Nobody cares. 378 JOURNAL OF THE SENATE [March 17, 2016] [No. 29 Newsflash: Governor Granholm is not the Governor anymore; Governor Snyder is. What is he doing about Flint? Have we fixed the pipes yet? No. Is there lead out of the water yet? No. Have the people been given services necessary in order to address the worst environmental calamity, the worst environmental atrocity in this state’s history—maybe in the nation’s history, maybe in the world? Have we done anything to fix that at all? No. What is he even talking about. Please, I don’t want to hear anybody talk about any other project or any other situation or anything that Governor Granholm or anybody else who came before her did, because nobody cares until we fix the issues for the people in Flint. Stop, it’s making my head hurt. I’m literally going to internally combust if I hear one more complaint about something Governor Granholm did five to ten years ago. Nobody cares. Committee Reports The Committee on Commerce reported House Bill No. 4537, entitled A bill to prohibit an employer from discriminating against, disciplining, or discharging an employee who is absent from work to respond to an emergency as a civil air patrol volunteer; and to provide remedies for a violation of this act. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor, O’Brien and Hertel Nays: None The bill was referred to the Committee of the Whole. The Committee on Commerce reported House Bill No. 5192, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 720 and 728 (MCL 339.720 and 339.728), section 720 as amended by 2010 PA 215 and section 728 as amended by 2014 PA 177. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor, O’Brien and Hertel Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Commerce submitted the following: T Meeting held on Wednesday, March 16, 2016, at 8:30 a.m., Room 210, Farnum Building Present: Senators Schmidt (C), Kowall, MacGregor, O’Brien and Hertel The Committee on Natural Resources reported Senate Bill No. 717, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21304c, 21310a, 21323a, and 21325 (MCL 324.21304c, 324.21310a, 324.21323a, and 324.21325), sections 21304c, 21310a, and 21323a as amended by 2012 PA 446 and section 21325 as added by 2012 PA 108, and by adding section 21325a. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Pavlov, Robertson and Stamas Nays: Senator Warren The bill and the substitute recommended by the committee were referred to the Committee of the Whole. No. 29] [March 17, 2016] JOURNAL OF THE SENATE 379 COMMITTEE ATTENDANCE REPORT he Committee on Natural Resources submitted the following: T Meeting held on Wednesday, March 16, 2016, at 12:30 p.m., Room 210, Farnum Building Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren The Committee on Appropriations reported Senate Bill No. 802, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 5377, entitled A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2016; to provide for expenditure of the appropriations; and to prescribe certain conditions for the appropria­ tions. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, March 16, 2016, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young COMMITTEE ATTENDANCE REPORT he Subcommittee on Corrections submitted the following: T Meeting held on Wednesday, March 16, 2016, at 12:30 p.m., Rooms 402 and 403, Capitol Building Present: Senators Proos (C) and Gregory Excused: Senator Knollenberg COMMITTEE ATTENDANCE REPORT he Joint Subcommittee on Capital Outlay submitted the following: T Meeting held on Wednesday, March 16, 2016, at 4:00 p.m., House Appropriations Room, 3rd Floor, Capitol Building Present: Senators Booher (C), Nofs, Schuitmaker, Hansen, MacGregor, Gregory and Hertel 380 JOURNAL OF THE SENATE [March 17, 2016] [No. 29 COMMITTEE ATTENDANCE REPORT he Subcommittee on General Government submitted the following: T Meeting held on Thursday, March 17, 2016, at 8:30 a.m., Room 100, Farnum Building Present: Senators Stamas (C), Nofs, Booher and Young COMMITTEE ATTENDANCE REPORT he Subcommittee on Transportation submitted the following: T Meeting held on Thursday, March 17, 2016, at 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hansen (C), Knollenberg and Young COMMITTEE ATTENDANCE REPORT he Legislative Council submitted the following: T Meeting held on Thursday, March 17, 2016, at 9:30 a.m., House Appropriations Room, 3rd Floor, Capitol Building Present: Senators Meekhof (C), Rocca, Schmidt, Schuitmaker (Alternate ), Ananich and Hood Excused: Senator Stamas Scheduled Meetings Appropriations Subcommittees Agriculture and Rural Development - Tuesday, March 22, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-2768) Community Colleges - Friday, March 18, 1:00 p.m., Kirtland Community College, Rooms 251-252, Administra­ tion Building, 10775 N. Saint Helen Road, Roscommon; and Wednesday, March 23, 9:00 a.m., Room 100, Farnum Building (373-2768) General Government - Thursday, March 24, 8:30 a.m., Room 100, Farnum Building and Tuesday, April 12, 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Higher Education - Thursday, March 24, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Judiciary - Wednesday, March 23, 9:00 a.m., Room 405, Capitol Building (373-2768) K-12, School Aid, Education - Wednesday, March 23, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) State Police and Military Affairs - Tuesdays, March 22, 8:30 a.m., Room 405 and May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursday, March 24, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Education - Tuesday, March 22, 8:30 a.m., Room 210, Farnum Building (373-5314) Finance - Tuesday, March 22, 2:30 p.m., Room 210, Farnum Building (373-5312) Insurance - Wednesday, March 23, 2:00 p.m., Room 100, Farnum Building (373-5312) Joint Select Committee on the Flint Water Public Health Emergency - Tuesday, March 22, 8:00 a.m., Senate Hear­ ing Room, Ground Floor, Boji Tower (373-5307) Transportation and House Transportation and Infrastructure - Thursday, March 24, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5312) No. 29] [March 17, 2016] JOURNAL OF THE SENATE 381 enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:02 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, March 22, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 382 No. 30 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Tuesday, March 22, 2016. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—excused Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 384 JOURNAL OF THE SENATE [March 22, 2016] [No. 30 everend Jennifer Holmes Curran of New Hope Community Church of Shelby offered the following invocation: R God of all creation, You have set Your image in each and every human person, and we stand here humbly before You asking for Your guidance and Your grace. We pray, first of all, before there is any discussion or decision making, that each of the men and women here would remember the faces of those they serve: Those who are now in office buildings and those on the streets; those who enforce law and those who break it; those on both sides of the political divide; that these public servants would see their faces and look on them with love; that they would long for them to be fully alive, flourishing. We pray that You would give them the compassion and the courage they need to serve well; that they would not be swayed by temptations toward prestige, power, or wealth, but would be returned again and again to the wisdom and simplicity of love. May these Senators and staff see Your glory as they look into the faces of their constituents, from the greatest to the least, and may they sense Your pleasure as they work on their behalf. May they bring You glory as they seek the flourishing of Your children, Your beloved. Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senator Knollenberg be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senator Casperson be excused from today’s session. S The motion prevailed. Senators Knollenberg and Young entered the Senate Chamber. enator Hood moved that Senator Johnson be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Zorn admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:08 a.m. 12:09 p.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator Johnson entered the Senate Chamber. Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today: House Bill No. 4418 House Bill No. 4577 The motion prevailed, a majority of the members serving voting therefor. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator MacGregor as Chairperson. No. 30] [March 22, 2016] JOURNAL OF THE SENATE 385 After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 5377, entitled A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2016; to provide for expenditure of the appropriations; and to prescribe certain conditions for the appropriations. House Bill No. 4418, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2012 PA 522. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 746, entitled A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regu­ la­tion of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 15 (MCL 722.125), as amended by 1993 PA 218. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 747, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 136b (MCL 750.136b), as amended by 2012 PA 194. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4577, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 312f (MCL 257.312f), as amended by 2015 PA 11. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Motions and Communications The following communications were received: Department of State Administrative Rules Notices of Filing March 16, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-103-LR (Secretary of State Filing #16-03-08) on this date at 3:44 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Speech-Language Pathology - General Rules.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. 386 JOURNAL OF THE SENATE [March 22, 2016] [No. 30 March 16, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-143-LR (Secretary of State Filing #16-03-09) on this date at 3:44 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Veterinary Technician Licensure.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. March 16, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-006-LR (Secretary of State Filing #16-03-10) on this date at 3:44 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Pharmacy Technicians.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The following communications were received: Office of Senator Steven M. Bieda March 17, 2016 er Senate Rule 1.110(c), I am requesting that my name be added immediately as a co‑sponsor to Senate Bill 450, P which was introduced on September 9, 2015 by Senator David Knezek and is currently in the Senate Government Operations Committee. If you have any questions, please feel free to contact my office. Thank you. March 17, 2016 er Senate Rule 1.110(c), I am requesting that my name be added immediately as a co‑sponsor to Senate Bill 698, P which was introduced on January 13, 2016 by Senator Patrick Colbeck and is currently in the Senate Government Operations Committee. If you have any questions, please feel free to contact my office. Thank you. March 17, 2016 er Senate Rule 1.110(c), I am requesting that my name be added immediately as a co‑sponsor to Senate Bill 449, P which was introduced on September 9, 2015 by Senator Dale Zorn and is currently in the Senate Insurance Committee. If you have any questions, please feel free to contact my office. Thank you. March 17, 2016 er Senate Rule 1.110(c), I am requesting that my name be added immediately as a co‑sponsor to Senate Resolution 146, P which was introduced on February 23, 2016 by Senator Phil Pavlov and is currently in the Senate Economic Develop­ment and International Investment Committee. If you have any questions, please feel free to contact my office. Thank you. Sincerely, Steve Bieda State Senator 9th District The communications were referred to the Secretary for record. The following communication was received: Office of Senator David Knezek March 22, 2016 er Senate Rule 1.110(c), I am requesting that my name be added immediately as a co‑sponsor to Senate Bills 819 P and 822, which were introduced by Senator Goeff Hansen on February 24, 2016. The aforementioned bills are currently awaiting action by the Senate Committee on Government Operations. No. 30] [March 22, 2016] JOURNAL OF THE SENATE 387 Thank you for your consideration of this request and if you have any questions, please contact me at your earliest convenience. Sincerely, David Knezek The communication was referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Thursday, March 17: House Bill Nos. 4895 4911 5205 5296 5385 The Secretary announced that the following bills and joint resolutions were printed and filed on Thursday, March 17, and are available at the Michigan Legislature website: Senate Bill Nos. 855 856 857 858 859 Senate Joint Resolutions P Q House Bill Nos. 5479 5480 5481 5482 5483 5484 5485 5486 5487 5488 5489 5490 5491 5492 By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator Robertson introduced Senate Bill No. 860, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2015 PA 161. The bill was read a first and second time by title and referred to the Committee on Finance. Senator Shirkey introduced Senate Bill No. 861, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 750 (MCL 257.750), as amended by 2010 PA 226. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4895, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 541 (MCL 436.1541), as amended by 2008 PA 489. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. House Bill No. 4911, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 36 and 56 of chapter X (MCL 710.36 and 710.56), section 36 as amended by 1996 PA 409 and section 56 as amended by 2014 PA 118. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. House Bill No. 5205, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 6a. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 5296, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The House of Representatives has passed the bill and ordered that it be given immediate effect. 388 JOURNAL OF THE SENATE [March 22, 2016] [No. 30 he bill was read a first and second time by title. T Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 5385, entitled A bill to amend 2014 PA 181, entitled “Michigan financial review commission act,” by amending sections 2, 3, 4, 5, 6, 7, 8, and 12 (MCL 141.1632, 141.1633, 141.1634, 141.1635, 141.1636, 141.1637, 141.1638, and 141.1642). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that the Committee on Government Operations be discharged from further consideration of the following bills: Senate Bill No. 710, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending the title and sections 3, 5, 6, 11, 11a, 501, 502, 507, 522, 528, 551, 552, 561, 654, 705, 921, 1147, 1225, 1229, 1231, 1351a, and 1356 (MCL 380.3, 380.5, 380.6, 380.11, 380.11a, 380.501, 380.502, 380.507, 380.522, 380.528, 380.551, 380.552, 380.561, 380.654, 380.705, 380.921, 380.1147, 380.1225, 380.1229, 380.1231, 380.1351a, and 380.1356), the title as amended by 2003 PA 179, section 3 as amended by 2007 PA 45, section 5 as amended by 2011 PA 232, section 6 as amended by 2009 PA 205, section 11 as amended by 1995 PA 289, section 11a as amended by 2010 PA 91, sections 501, 502, 507, 522, 528, 551, and 561 as amended by 2011 PA 277, section 552 as amended by 2012 PA 129, section 705 as amended by 2003 PA 299, section 1147 as amended by 2014 PA 479, section 1225 as amended by 2012 PA 1, section 1229 as amended by 2011 PA 105, section 1231 as amended by 2002 PA 735, section 1351a as amended by 2002 PA 65, and section 1356 as amended by 2002 PA 181, and by adding sections 12b and 1284c and part 5b; and to repeal acts and parts of acts. Senate Bill No. 711, entitled A bill to amend 2014 PA 181, entitled “Michigan financial review commission act,” by amending sections 2, 3, 4, 5, 6, 7, 8, and 12 (MCL 141.1632, 141.1633, 141.1634, 141.1635, 141.1636, 141.1637, 141.1638, and 141.1642). Senate Bill No. 819, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 6, 20, and 31a (MCL 388.1603, 388.1606, 388.1620, and 388.1631a), section 3 as amended by 2012 PA 201, section 6 as amended by 2015 PA 223, section 20 as amended by 2015 PA 85, and section 31a as amended by 2015 PA 139. Senate Bill No. 820, entitled A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2015 PA 134. Senate Bill No. 821, entitled A bill to amend 1855 PA 105, entitled “An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies,” by amending section 1 (MCL 21.141), as amended by 2015 PA 116. No. 30] [March 22, 2016] JOURNAL OF THE SENATE 389 Senate Bill No. 822, entitled A bill to amend 1980 PA 243, entitled “Emergency municipal loan act,” by amending sections 2, 3, 4, and 6 (MCL 141.932, 141.933, 141.934, and 141.936), as amended by 2015 PA 115; and to repeal acts and parts of acts. The motion prevailed, a majority of the members serving voting therefor, and the bills were placed on the order of General Orders. Senator Kowall moved that the rules be suspended and that the following bills, now on the order of General Orders, be placed on the General Orders calendar for consideration today: Senate Bill No. 710 Senate Bill No. 711 Senate Bill No. 819 Senate Bill No. 820 Senate Bill No. 821 Senate Bill No. 822 The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 12:19 p.m. 1:05 p.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator MacGregor as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill: Senate Bill No. 821, entitled A bill to amend 1855 PA 105, entitled “An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies,” by amending section 1 (MCL 21.141), as amended by 2015 PA 116. The bill was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 710, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending the title and sections 3, 5, 6, 11, 11a, 501, 502, 507, 522, 528, 551, 552, 561, 654, 705, 921, 1147, 1225, 1229, 1231, 1351a, and 1356 (MCL 380.3, 380.5, 380.6, 380.11, 380.11a, 380.501, 380.502, 380.507, 380.522, 380.528, 380.551, 380.552, 380.561, 380.654, 380.705, 380.921, 380.1147, 380.1225, 380.1229, 380.1231, 380.1351a, and 380.1356), the title as amended by 2003 PA 179, section 3 as amended by 2007 PA 45, section 5 as amended by 2011 PA 232, section 6 as amended by 2009 PA 205, section 11 as amended by 1995 PA 289, section 11a as amended by 2010 PA 91, sections 501, 502, 507, 522, 528, 551, and 561 as amended by 2011 PA 277, section 552 as amended by 2012 PA 129, section 705 as amended by 2003 PA 299, section 1147 as amended by 2014 PA 479, section 1225 as amended by 2012 PA 1, section 1229 as amended by 2011 PA 105, section 1231 as amended by 2002 PA 735, section 1351a as amended by 2002 PA 65, and section 1356 as amended by 2002 PA 181, and by adding sections 12b and 1284c and part 5b; and to repeal acts and parts of acts. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. 390 JOURNAL OF THE SENATE [March 22, 2016] [No. 30 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 711, entitled A bill to amend 2014 PA 181, entitled “Michigan financial review commission act,” by amending sections 2, 3, 4, 5, 6, 7, 8, and 12 (MCL 141.1632, 141.1633, 141.1634, 141.1635, 141.1636, 141.1637, 141.1638, and 141.1642). Substitute (S-4). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 819, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 6, 20, and 31a (MCL 388.1603, 388.1606, 388.1620, and 388.1631a), section 3 as amended by 2012 PA 201, section 6 as amended by 2015 PA 223, section 20 as amended by 2015 PA 85, and section 31a as amended by 2015 PA 139. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 820, entitled A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2015 PA 134. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 822, entitled A bill to amend 1980 PA 243, entitled “Emergency municipal loan act,” by amending sections 2, 3, 4, and 6 (MCL 141.932, 141.933, 141.934, and 141.936), as amended by 2015 PA 115; and to repeal acts and parts of acts. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: Senate Bill No. 710 Senate Bill No. 711 Senate Bill No. 819 Senate Bill No. 820 Senate Bill No. 821 Senate Bill No. 822 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: Senate Bill No. 710, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending the title and sections 3, 5, 6, 11, 11a, 501, 502, 507, 522, 528, 551, 552, 561, 654, 705, 921, 1147, 1225, 1229, 1231, 1351a, and 1356 (MCL 380.3, 380.5, 380.6, 380.11, 380.11a, 380.501, 380.502, 380.507, 380.522, 380.528, 380.551, 380.552, 380.561, 380.654, 380.705, 380.921, 380.1147, 380.1225, 380.1229, 380.1231, 380.1351a, and 380.1356), the title as amended by 2003 PA 179, section 3 as amended by 2007 PA 45, section 5 as amended by 2011 PA 232, section 6 as amended by 2009 PA 205, No. 30] [March 22, 2016] JOURNAL OF THE SENATE 391 section 11 as amended by 1995 PA 289, section 11a as amended by 2010 PA 91, sections 501, 502, 507, 522, 528, 551, and 561 as amended by 2011 PA 277, section 552 as amended by 2012 PA 129, section 705 as amended by 2003 PA 299, section 1147 as amended by 2014 PA 479, section 1225 as amended by 2012 PA 1, section 1229 as amended by 2011 PA 105, section 1231 as amended by 2002 PA 735, section 1351a as amended by 2002 PA 65, and section 1356 as amended by 2002 PA 181, and by adding sections 12b and 1284c and part 5b; and to repeal acts and parts of acts. The question being on the passage of the bill, Senator Hopgood offered the following amendment: 1. Amend page 50, following line 20, by inserting: “SEC. 395A. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, AN ACHIEVEMENT AUTHORITY THAT IS IN EFFECT AS OF JULY 1, 2016 IS ABOLISHED AND DISSOLVED ON THAT DATE. AS USED IN THIS SECTION, “ACHIEVEMENT AUTHORITY” MEANS THAT TERM AS DEFINED IN SECTION 3 OF THE STATE SCHOOL AID ACT OF 1979, MCL 388.1603.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 120 Ananich Bieda Colbeck Gregory Yeas—16 Hertel Hood Hopgood Johnson Knezek Shirkey O’Brien Smith Rocca Warren Schuitmaker Young Nays—21 Booher Horn MacGregor Proos Brandenburg Hune Marleau Robertson Emmons Jones Meekhof Schmidt Green Knollenberg Nofs Stamas Hansen Kowall Pavlov Zorn Hildenbrand Excused—1 Casperson Not Voting—0 In The Chair: President Senator Hopgood offered the following amendment: 1. Amend page 50, following line 2, by inserting: “(3) NOTWITHSTANDING SUBSECTION (2) OR ANY OTHER PROVISION OF LAW, FOR THE FIRST 3 YEARS THAT A COMMUNITY DISTRICT OPERATES A PUBLIC SCHOOL THAT WAS PREVIOUSLY OPERATED BY AN ACHIEVEMENT AUTHORITY, THE STATE SCHOOL REFORM/REDESIGN OFFICER UNDER SECTION 1280C SHALL NOT IMPOSE OR ORDER ANY INTERVENTION MODEL FOR THE PUBLIC SCHOOL UNDER SECTION 1280C OR ANY OTHER PROVISION OF LAW THAT REQUIRES CLOSURE OF THE SCHOOL, APPOINTMENT OF A CHIEF EXECUTIVE OFFICER FOR THE SCHOOL, OR A RESTART MODEL FOR THE SCHOOL.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: 392 Roll Call No. 121 JOURNAL OF THE SENATE [March 22, 2016] [No. 30 Yeas—12 Ananich Hertel Johnson Smith Bieda Hood Knezek Warren Gregory Hopgood Rocca Young Nays—25 Booher Horn Marleau Robertson Brandenburg Hune Meekhof Schmidt Colbeck Jones Nofs Schuitmaker Emmons Knollenberg O’Brien Shirkey Green Kowall Pavlov Stamas Hansen MacGregor Proos Zorn Hildenbrand Excused—1 Casperson Not Voting—0 In The Chair: President Senator Hopgood offered the following amendment: 1. Amend page 50, line 6, after “LEASE.” by inserting “AT THE TIME A LEASE IS TERMINATED OR EXPIRES PURSUANT TO THIS SUBSECTION, OWNERSHIP AND CONTROL OF A SCHOOL BUILDING COVERED BY THE LEASE SHALL REVERT TO THE COMMUNITY DISTRICT.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 122 Ananich Bieda Gregory Hertel Yeas—15 Hildenbrand Knezek Smith Hood O’Brien Warren Hopgood Rocca Young Johnson Schuitmaker Nays—22 Booher Horn Marleau Robertson Brandenburg Hune Meekhof Schmidt Colbeck Jones Nofs Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor No. 30] [March 22, 2016] JOURNAL OF THE SENATE 393 Excused—1 Casperson Not Voting—0 In The Chair: President Senator Hopgood offered the following amendment: 1. Amend page 50, following line 2, by inserting: “(3) NOTWITHSTANDING SUBSECTION (2) OR ANY OTHER PROVISION OF LAW, FOR THE FIRST 5 YEARS THAT A PUBLIC SCHOOL IS BEING OPERATED BY A COMMUNITY DISTRICT, THE STATE SCHOOL REFORM/REDESIGN OFFICER UNDER SECTION 1280C SHALL NOT IMPOSE OR ORDER ANY INTERVENTION MODEL FOR THE PUBLIC SCHOOL UNDER SECTION 1280C OR ANY OTHER PROVISION OF LAW WITHOUT THE APPROVAL OF THE EDUCATION COMMISSION.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 123 Yeas—12 Ananich Hertel Johnson Smith Bieda Hood Knezek Warren Gregory Hopgood Rocca Young Nays—25 Booher Horn Marleau Robertson Brandenburg Hune Meekhof Schmidt Colbeck Jones Nofs Schuitmaker Emmons Knollenberg O’Brien Shirkey Green Kowall Pavlov Stamas Hansen MacGregor Proos Zorn Hildenbrand Excused—1 Casperson Not Voting—0 In The Chair: President he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: 394 JOURNAL OF THE SENATE [March 22, 2016] Roll Call No. 124 [No. 30 Yeas—21 Ananich Hildenbrand Knollenberg O’Brien Bieda Horn Kowall Smith Green Johnson Marleau Stamas Gregory Jones Meekhof Warren Hansen Knezek Nofs Zorn Hertel Nays—16 Booher Hood Pavlov Schmidt Brandenburg Hopgood Proos Schuitmaker Colbeck Hune Robertson Shirkey Emmons MacGregor Rocca Young Excused—1 Casperson Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. Senators Hopgood, Young and Knezek asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Hopgood’s first statement is as follows: Colleagues, I rise today to offer an amendment to Senate Bill No. 710. Everyone knows that the EAA has been a failed state intervention with zero positive results. We can’t in good conscience leave the children attending these schools in limbo for another year. That’s why my amendment will provide a firm end date for the EAA—this summer. Please support my amendment. enator Hopgood’s second statement is as follows: S Colleagues, I rise to offer another amendment to Senate Bill No. 710. This amendment will ensure that once the EAA schools are folded back into the community district, they won’t be subject to any look-back provisions. That means that for a period of three years, former EAA schools will not be subject to any State School Reform/Redesign Office intervention models, like school closures, appointment of CEOs, or a restart model. These schools deserve an opportunity to succeed and be judged on what they’re truly capable of, not on what the state’s failed system has imposed upon them. I ask for members’ support. enator Hopgood’s third statement is as follows: S Colleagues, I rise once again to offer an amendment to Senate Bill No. 710. There’s nothing in this legislation that specifies that the EAA buildings will be transferred directly back to the new district after their lease agreements end, presumably in June of 2017. My amendment specifies that all buildings will return to the district they were originally taken from. I ask for members’ support. No. 30] [March 22, 2016] JOURNAL OF THE SENATE 395 enator Hopgood’s fourth statement is as follows: S Colleagues, I rise once again to offer an amendment to Senate Bill No. 710. This amendment will ensure that any proposed State School Reform/Redesign Office intervention model is approved by the local education commission. We’ve seen what happens when Detroit schools are solely under the state’s rule. Clearly, we need to provide additional checks and balances with a measure of local control so that Detroit’s kids get the academic opportunities they deserve. I ask for your support. enator Young’s statement is as follows: S I want to make it clear that this is not a bailout. This is repaying DPS money that the state put into debt in the first place, and it’s not enough money for the debt that the state put DPS in. These are the facts. I do not know where the bailout information has come from, and I don’t know how to get the bailout agency you took money from and owe money to. I would like someone to please explain that logic to me. My concern with this legislation is the fact that there is not academic reform or support in this whatsoever. Sixty‑six percent of the children in Detroit Public Schools are not proficient in reading. Forty-seven percent of the city is func­ tionally illiterate. We have no academic support for this. There is no Office of Literacy like in Massachusetts. We do not have expanded learning time, longer days, or longer years. This, to me, seems more about governance, contracts, and who gets the money than about doing what is best to educate our children. People who put politics over people and cash over kids do not belong in government, let alone crafting bills that go along with that mentality. It is wrong. Our children are suffering. We are leaving a legacy of illiteracy behind for them, and they deserve better. Their parents deserve better. Our children’s children deserve better. When is enough enough? I am at my wit’s end here. Before I talked about being internally combusted, but I might actually do it on this bill. This is insane. We have 6 percent of children proficient in math and 4 percent in science. This is a significant problem, and we have no academic infrastructure whatsoever. Florida and Massachusetts have academic infrastructure, and the states set minimal standards. The fact that this is a takeover when the state sets the minimal standards is preposterous and embarrassing. This legislation, to me, is like the educational version that Puppy Monkey Baby is to advertising—a disaster waiting to happen. I don’t understand why we are doing this without serious academic reform. These are serious signs that call for serious leadership. I even said that I would sacrifice for the greater good. I would go out and take all the noes in the district if we have serious academic reform in this. We can’t even get that. This is scary. The issues are clear. Children are underperforming, and we aren’t going to do anything about it? We won’t provide any sort of help, so what good is it for a man to gain the entire world if he loses his soul? What good is it to have all of this power and ability, getting elected, if we see a glaring issue of children not having the basic tools they need to succeed? Forget college-bound, we have 12th-graders who can’t read. You have adults who can’t count. There is something fundamentally wrong with this picture, and it’s clear that we don’t give a damn about children in Detroit or DPS. If we did, we would do something to address this. So, Mr. President, I hope that we can all come together, like-minded, on one accord, and figure out after this bill passes how we can address the academic problems that our city faces. If not, five to ten years from now, we will end up in the same situation we were in before. That is sad and not right. Education is the most powerful weapon we can use to change the world. Instead of changing the world, we decided to go along with the status quo. It is terrible. enator Knezek’s statement is as follows: S When we began this conversation so many months ago, I entered into it with the goal of addressing a few key provisions. I would like to talk about those today and why I plan to vote “yes” on the package before us. I am of the belief that the state of Michigan has an obligation to pay off the debt that was accrued by the Detroit Public Schools while the state was in control of the school district. The bill package we have before us here today achieves that goal. The second issue of concern to me was that we could not pay off that debt on the backs of other children in this state. If my colleagues would take the time to read the legislation we are voting on here today, they would find that we are not taking money from the School Aid Fund to pay for the debt of Detroit Public Schools. We are not robbing Peter to pay Paul, and we are not balancing the budget of DPS on the backs of children across the state of Michigan. That was a priority for me, and I appreciate the fact that this legislation allows us to pay those obligations without hurting other children in doing so. Third, I am of the belief that every single teacher and every support staff person deserves the right to maintain their employment when we move into the new school district. Teachers and support staff in the Detroit Public Schools work in the most adverse conditions. They come to work every day with smiles on their faces, dedicated to the children in spite of it. They look to go above and beyond to make sure that every child has the opportunity to succeed here in Michigan. This language will ensure that every single person employed on the last day of the old code is also employed on the first day of the new code. 396 JOURNAL OF THE SENATE [March 22, 2016] [No. 30 Fourth, I believe that the Education Achievement Authority needs a path to go away. I don’t believe that it has had the results we were promised when first enacted years ago, so I appreciate that this legislation will provide a pathway to bring about the end of the Education Achievement Authority. I also believe that after so many years of state management, it is time for Detroiters to have control of Detroit Public Schools. It is time to move back into an empowered and locally-elected school board. This legislation allows us to have an election in August and to return control of Detroit Public Schools to that locally-elected school board. Finally, when we talk about the challenges that are facing our public schools in the city of Detroit, it should be no surprise that the current situation, relative to the opening and closing of schools in the city, is a significant part of the problem. We have the ability for schools to open up right next door to one another, siphon off those kids, take dollars with them, and plunge the district further into debt. The language before us today will provide for a leveling of that playing field. It will allow for the district to control where, when, and why schools are opening across the city of Detroit. We have an obligation to the students of Detroit Public Schools. This package before us today is not perfect, but it is a bipartisan package. I appreciate the fact that as Democrats and Republicans we were able to sit together around a table and craft a solution to this plan that will allow every single child within Detroit Public Schools the opportunity to receive a quality education and an opportunity to compete in a 21st century economy. But our work is not done here. We have more to do. We need to address more relative to academics, wraparound services, transportation, and after-school activities. This is just the righting of the ship. I look forward to the opportunities to work with my colleagues on both sides of the aisle as we move forward to bring about further resolution to this issue. The following bill was read a third time: Senate Bill No. 711, entitled A bill to amend 2014 PA 181, entitled “Michigan financial review commission act,” by amending sections 2, 3, 4, 5, 6, 7, 8, and 12 (MCL 141.1632, 141.1633, 141.1634, 141.1635, 141.1636, 141.1637, 141.1638, and 141.1642). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 125 Yeas—29 Ananich Hildenbrand MacGregor Schmidt Bieda Horn Marleau Schuitmaker Booher Johnson Meekhof Shirkey Brandenburg Jones Nofs Smith Green Knezek O’Brien Stamas Gregory Knollenberg Proos Warren Hansen Kowall Robertson Zorn Hertel Nays—8 Colbeck Hood Hune Rocca Emmons Hopgood Pavlov Young Excused—1 Casperson Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. No. 30] [March 22, 2016] JOURNAL OF THE SENATE 397 The following bill was read a third time: Senate Bill No. 819, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 6, 18, 20, 31a, and 166e (MCL 388.1603, 388.1606, 388.1618, 388.1620, 388.1631a, and 388.1766e), section 3 as amended by 2012 PA 201, section 6 as amended by 2015 PA 223, section 18 as amended by 2015 PA 114, section 20 as amended by 2015 PA 85, section 31a as amended by 2015 PA 139, and section 166e as amended by 2008 PA 268. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 126 Yeas—21 Ananich Hildenbrand Knollenberg O’Brien Bieda Horn Kowall Smith Green Johnson Marleau Stamas Gregory Jones Meekhof Warren Hansen Knezek Nofs Zorn Hertel Nays—16 Booher Hood Pavlov Schmidt Brandenburg Hopgood Proos Schuitmaker Colbeck Hune Robertson Shirkey Emmons MacGregor Rocca Young Excused—1 Casperson Not Voting—0 In The Chair: President he Senate agreed to the title of the bill. T Senator Hansen moved that he be removed as prime sponsor and that he be named co‑sponsor of the bill. The motion prevailed. The following bill was read a third time: Senate Bill No. 820, entitled A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2015 PA 134. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 127 Ananich Bieda Yeas—21 Hildenbrand Horn Knollenberg O’Brien Kowall Smith 398 JOURNAL OF THE SENATE [March 22, 2016] [No. 30 Green Johnson Marleau Stamas Gregory Jones Meekhof Warren Hansen Knezek Nofs Zorn Hertel Nays—16 Booher Hood Pavlov Schmidt Brandenburg Hopgood Proos Schuitmaker Colbeck Hune Robertson Shirkey Emmons MacGregor Rocca Young Excused—1 Casperson Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 821, entitled A bill to amend 1855 PA 105, entitled “An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies,” by amending section 1 (MCL 21.141), as amended by 2015 PA 116. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 128 Yeas—21 Ananich Hildenbrand Knollenberg O’Brien Bieda Horn Kowall Smith Green Johnson Marleau Stamas Gregory Jones Meekhof Warren Hansen Knezek Nofs Zorn Hertel Nays—16 Booher Hood Pavlov Schmidt Brandenburg Hopgood Proos Schuitmaker Colbeck Hune Robertson Shirkey Emmons MacGregor Rocca Young No. 30] [March 22, 2016] JOURNAL OF THE SENATE 399 Excused—1 Casperson Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 822, entitled A bill to amend 1980 PA 243, entitled “Emergency municipal loan act,” by amending sections 1, 2, 3, 4, and 6 (MCL 141.931, 141.932, 141.933, 141.934, and 141.936), section 1 as amended by 2012 PA 284 and sections 2, 3, 4, and 6 as amended by 2015 PA 115; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 129 Yeas—21 Ananich Hildenbrand Knollenberg O’Brien Bieda Horn Kowall Smith Green Johnson Marleau Stamas Gregory Jones Meekhof Warren Hansen Knezek Nofs Zorn Hertel Nays—16 Booher Hood Pavlov Schmidt Brandenburg Hopgood Proos Schuitmaker Colbeck Hune Robertson Shirkey Emmons MacGregor Rocca Young Excused—1 Casperson Not Voting—0 In The Chair: President he Senate agreed to the title of the bill. T Senator Hansen moved that he be removed as prime sponsor and that he be named co‑sponsor of the bill. The motion prevailed. 400 JOURNAL OF THE SENATE [March 22, 2016] [No. 30 Protest Senator Colbeck, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill Nos. 710, 711, 819, 820, 821, and 822 and moved that the statement he made during the discussion of Senate Bill No. 710 be printed as his reasons for voting “no.” The motion prevailed. Senator Colbeck’s statement is as follows: I rise to give my “no” vote explanation for Senate Bill Nos. 710, 711, 819, 820, 821, and 822. This bill package is eerily similar to the legislation associated with the city of Detroit bailout. The package worked out well for the city of Detroit at the expense of other communities, such as those in my district who have had to make tough choices and difficult decisions. This bailout package for DPS features $72 million from other intricately woven funding sources that could otherwise be distributed to other school districts. That’s $72 million that will not be distributed to the districts in my community. If it is available for DPS, why isn’t it available for others? That equates to roughly $20 per pupil that could have been put towards other school districts. That’s $72 million that will not be distributed to school districts that have made tough choices and difficult decisions. The DPS bailout is particularly troublesome. Our solution to a DPS drowning in debt is to increase their borrowing authority. Really? It appears that D.C. problem-solving approaches have come to Lansing. It amounts to our regular debt ceiling increase votes out in D.C. We do not need to increase the debt burden that DPS leaves behind. We do not need to rob Peter to pay Paul. There is a way to fix the DPS debt crisis without increasing debt or unfairly keeping available funds diverted away from other school districts. We need to find alternative funding to address the DPS debt. The key to enabling these funding streams is the creation of student-specific educational savings accounts. There are 47,000 Detroit Public Schools students. We are proposing $72 million per year to service the DPS debt. This equates to $1,500 per student per year. We need to find third-party funding options that provide over $1,500 per student per year. Where can we look for such a solution? Look no further than Detroit. There are schools today in Detroit that promote work study programs where employers contribute to the tuition of high school students. In addition to funding students, students graduate with invaluable work experience. There are also loyalty programs that are already being monetized on an ad hoc basis that could be used to supplement foundation allowance contributions for each student. All told, using existing programs at work in some Detroit schools today, an extra $3,000 could be made available for students. That is double the $1,500 needed for debt service. We need to stop going back to old playbooks that reward bad behavior at the expense of those making tough, responsible choices. It is for this reason that I am voting “no” on this package of bills. By unanimous consent the Senate proceeded to the order of Statements Senators Colbeck, Bieda and Hansen asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Colbeck’s statement is as follows: On February 23, 2016, the Michigan Department of Education, in cooperation with the State Board of Education, released a statement and recommended guidance on safe and supportive learning environments for lesbian, gay, bisexual, transgender, and questioning students. Following a period of public comment ending on April 11, which commenced without any known broad press release to that effect, the State Board of Education will seek to approve this statement and guidance at its May 10, 2016 meeting. Please consider this statement to be my public comment on this matter. The guidance provided by the State Board of Education addresses the following topics related to the LGBTQ issue. It addresses how educators should address names and pronouns and how they should address student records. It deals with privacy and confidentiality regarding documents. It deals with rest rooms, locker rooms or changing facilities, physical education classes and intermural sports, interscholastic sports, dress code, and gender-based activities or practices. In other words, in addition to the core activity of teaching our kids how to read, how to be proficient in math, how to be proficient in social studies or science, our teachers and school administrators now need to monitor who is going into which bathroom. The proponents of this guidance are claiming that it will create and sustain an educational environment for students to progress academically and developmentally. It should be noted that these are the same education leaders who adopted Common Core English language arts standards that promote books such as The Bluest Eye, Waterland, and Beloved, which amount to porn in our schools. If I were to read excerpts from these books on the Senate floor as some parents have taken to doing at their local school board meetings, I would likely have my microphone muted and rightly so. The same State Board of Education proposed social studies standards that treat LGBTQ issues as civil rights issues on par with the cessation of slavery. Meanwhile, people of faith are encouraged to put aside their beliefs and rights of conscience to accept these guidelines in the classroom that will yield our next generation of leaders. No. 30] [March 22, 2016] JOURNAL OF THE SENATE 401 Abraham Lincoln once sagely pointed out that the “philosophy of education in one generation will be the philosophy of government in the next.” In light of the guidance proposed by the State Board of Education, this observation should send chills up the spines of all who are here today. Article 8, Section 1 of our Michigan Constitution states that religion, morality, and knowledge being essential to good governance, education shall forever be encouraged. In light of the observations above, the education that is being encouraged is not religious or moral in any way. Our schools, our teachers, and our administrators are on the front line of a culture war in our society. As the proponents push their social agenda into our classrooms, the quality of education that our students receive suffers. Over 50 percent of our 3rd-graders can’t read. Math proficiencies for some schools hover in the teens. Now we have these new guidelines that are going to further divert our educators from their core mission, that of teaching our kids. It is time to take a stand against this social engineering. In this budget season, in light of this guidance that we are receiving from the State Board of Education, it is time to re-evaluate whether the funds that we have allocated to the State Board of Education and Michigan Department of Education are being allocated to activities that serve the best interests of our students and communities at-large. It is time to take a stand against further encroachment and erosion of the values that made us an exceptional nation. It is my hope that you will join me in this stand. enator Bieda’s statement is as follows: S I know there has been a lot going on with a lot of passion for very important issues facing our state today, but it is hard to ignore the world news about what happened in Brussels earlier today. There were horrific terrorist attacks that claimed many lives. In light of this, I thought it would be appropriate that on the record we pay homage to those people who died and reassert ourselves as defenders of freedom around the world. A moment of silence was observed in memory of the victims of the recent terrorist attacks in Brussels. enator Hansen’s statement is as follows: S I just want to take a moment to express my gratitude to everyone who worked on the DPS legislation. This was bipartisan work. A lot of times we don’t talk about the work our staffs do and the support they give us. On this type of legislation, the work is so large that we have to take the time to say thank you to the people who have worked so hard. The Democratic and Republican staffs and especially my chief of staff Peter Wills have put just hours and hours of work toward these bills. I want to say thank you to all who have worked with us, thank you to those who have talked to us and given us ideas, and those who have worked tirelessly to get to the end of this. Again, thank you to my friends on both sides of the aisle for their work. Committee Reports The Committee on Families, Seniors and Human Services reported House Bill No. 5107, entitled A bill to create the human trafficking notification act; to require the posting of certain notices relating to human trafficking; to prescribe the powers and duties of certain state and local departments and agencies; and to provide a remedy. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Families, Seniors and Human Services submitted the following: T Meeting held on Wednesday, March 16, 2016, at 3:00 p.m., Room 210, Farnum Building Present: Senators Emmons (C), Pavlov, Jones, Casperson and Johnson The Committee on Transportation reported Senate Bill No. 702, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 716 (MCL 257.716), as amended by 2008 PA 539. 402 JOURNAL OF THE SENATE [March 22, 2016] [No. 30 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov and Marleau Nays: None The bill was referred to the Committee of the Whole. The Committee on Transportation reported House Bill No. 4418, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2012 PA 522. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov and Marleau Nays: None The bill was referred to the Committee of the Whole. The Committee on Transportation reported House Bill No. 4577, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 312f (MCL 257.312f), as amended by 2015 PA 11. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill was referred to the Committee of the Whole. The Committee on Transportation reported House Bill No. 5006, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 5a. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, March 17, 2016, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood No. 30] [March 22, 2016] JOURNAL OF THE SENATE 403 The Committee on Elections and Government Reform reported Senate Bill No. 594, entitled A bill to amend 1967 (Ex Sess) PA 7, entitled “Urban cooperation act of 1967,” by amending the title and sections 2 and 10 (MCL 124.502 and 124.510), the title as amended by 1998 PA 169 and sections 2 and 10 as amended by 2002 PA 439. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David B. Robertson Chairperson To Report Out: Yeas: Senators Robertson, Colbeck, Emmons, Shirkey and Hood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Elections and Government Reform submitted the following: T Meeting held on Thursday, March 17, 2016, at 8:30 a.m., Rooms 402 and 403, Capitol Building Present: Senators Robertson (C), Colbeck, Emmons, Shirkey and Hood he Committee on Economic Development and International Investment reported T Senate Resolution No. 146. A resolution to urge Michigan communities to pursue innovative policies that promote economic development by attracting young STEAM professionals to work in financially distressed communities. (For text of resolution, see Senate Journal No. 18, p. 233.) With the recommendation that the resolution be adopted. Kenneth B. Horn Chairperson To Report Out: Yeas: Senators Horn, Schmidt, Brandenburg, Stamas, Emmons, Warren and Bieda Nays: None The resolution was placed on the order of Resolutions. COMMITTEE ATTENDANCE REPORT he Committee on Economic Development and International Investment submitted the following: T Meeting held on Thursday, March 17, 2016, at 12:30 p.m., Room 210, Farnum Building Present: Senators Horn (C), Schmidt, Brandenburg, Stamas, Emmons, Warren and Bieda COMMITTEE ATTENDANCE REPORT he Subcommittee on Community Colleges submitted the following: T Meeting held on Friday, March 18, 2016, at 1:00 p.m., Kirtland Community College, Rooms 251-252, Administra­ tion Building, 10775 N. St. Helen Road, Roscommon Present: Senators Booher (C), Schuitmaker and Knezek COMMITTEE ATTENDANCE REPORT he Joint Select Committee on Flint Water Public Health Emergency (SCR 24) submitted the following: T Meeting held on Tuesday, March 22, 2016, at 8:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Stamas (C), Hune and Ananich 404 JOURNAL OF THE SENATE [March 22, 2016] [No. 30 COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, March 22, 2016, at 8:30 a.m., Room 210, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Subcommittee on State Police and Military Affairs submitted the following: T Meeting held on Tuesday, March 22, 2016, at 8:30 a.m., Room 405, Capitol Building Present: Senators Nofs (C), Colbeck and Knezek Scheduled Meetings Appropriations Subcommittees Capital Outlay - Wednesday, March 23, 4:00 p.m. or later after committees are given leave by the House to meet, House Appropriations Room, 3rd Floor, Capitol Building (373-8080) Community Colleges - Wednesday, March 23, 9:00 a.m., Room 100, Farnum Building (373-2768) Corrections - Wednesday, March 23, 12:30 p.m., Room 405, Capitol Building (373-2768) Environmental Quality - Wednesday, March 23, 11:30 a.m., Room 100, Farnum Building (373-2768) General Government - Thursday, March 24, 8:30 a.m., Room 100, Farnum Building and Tuesday, April 12, 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Higher Education - Thursday, March 24, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Judiciary - Wednesday, March 23, 9:15 a.m., Room 405, Capitol Building (373-2768) K-12, School Aid, Education - Wednesday, March 23, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Licensing and Regulatory Affairs - Thursday, March 24, 2:00 p.m., Room 100, Farnum Building (373-2768) (CANCELED) Natural Resources - Wednesday, March 23, 3:00 p.m., Room 110, Farnum Building (373-2768) State Police and Military Affairs - Wednesday, March 23, 8:30 a.m., Room 110, Farnum Building and Tuesday, May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursday, March 24, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Criminal Justice Policy Commission - Wednesday, April 6, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Elections and Government Reform - Wednesday, March 23, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) (CANCELED) Insurance - Wednesday, March 23, 2:00 p.m., Room 100, Farnum Building (373-5312) Joint Select Committee on the Flint Water Public Health Emergency - Tuesday, March 29, 10:00 a.m., Northbank Center, University of Michigan Flint Campus, 400 North Saginaw Street, Flint (373-5307) Regulatory Reform - Wednesday, March 23, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323) No. 30] [March 22, 2016] JOURNAL OF THE SENATE 405 Transportation and House Transportation and Infrastructure - Thursday, March 24, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 2:11 p.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, March 23, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 406 No. 31 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Wednesday, March 23, 2016. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—excused Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 408 JOURNAL OF THE SENATE [March 23, 2016] [No. 31 astor Walter Gibson of Pilgrim Rest Baptist Church of Lansing offered the following invocation: P Most gracious Father, we thank You today for another expression of Your mercy and grace given to us. We thank You for life, liberty, health, and strength. We come before You now with bowed heads and humbled hearts asking for Your wisdom as these men and women make decisions that impact the lives of so many. We ask even now that You would bless this great state of Michigan; that every home would be blessed and lives transformed as a result of the kingdom work that is taking place in these halls. We ask, heavenly Father, that You bless every man, woman, boy, and girl who calls this great state their home. We love You and thank You. In Jesus’ name, we pray. Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senator Knollenberg be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senator Casperson be excused from today’s session. S The motion prevailed. enator Hood moved that Senator Johnson be temporarily excused from today’s session. S The motion prevailed. Senator Knollenberg entered the Senate Chamber. The following communications were received: Department of State Administrative Rules Notices of Filing March 17, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-016-LR (Secretary of State Filing #16-03-11) on this date at 3:23 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Chiropractic - General Rules.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. March 17, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-017-LR (Secretary of State Filing #16-03-12) on this date at 3:24 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Counseling - General Rules.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. March 17, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-018-LR (Secretary of State Filing #16-03-13) on this date at 3:24 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Board of Marriage and Family Therapy - General Rules.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. No. 31] [March 23, 2016] JOURNAL OF THE SENATE 409 March 17, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-019-LR (Secretary of State Filing #16-03-14) on this date at 3:24 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Nursing Home Administrators - General Rules.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. March 17, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-020-LR (Secretary of State Filing #16-03-15) on this date at 3:24 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Respiratory Care - General Rules.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. March 17, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-021-LR (Secretary of State Filing #16-03-16) on this date at 3:24 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Sanitarians Registration - Registration.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, March 22: House Bill Nos. 4629 5247 The Secretary announced that the following bills were printed and filed on Tuesday, March 22, and are available at the Michigan Legislature website: Senate Bill Nos. 860 861 House Bill Nos. 5493 5494 5495 5496 5497 5498 5499 5500 5501 5502 5503 5504 5505 5506 5507 5508 enator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Proos admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:07 a.m. 11:08 a.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. During the recess, Senator Johnson entered the Senate Chamber. 410 JOURNAL OF THE SENATE [March 23, 2016] [No. 31 By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills enator Bieda introduced S Senate Joint Resolution R, entitled A joint resolution proposing an amendment to the state constitution of 1963, by amending sections 2 and 3 of article IV, to revise the procedure for filling a vacancy in the office of state senator or state representative under certain circumstances. The joint resolution was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 4629, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7523 and 7524 (MCL 333.7523 and 333.7524), section 7523 as amended by 2006 PA 130 and section 7524 as amended by 2011 PA 161. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5247, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 698 (MCL 257.698), as amended by 2012 PA 262. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Transportation. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Stamas as Chairperson. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4537, entitled A bill to prohibit an employer from discriminating against, disciplining, or discharging an employee who is absent from work to respond to an emergency as a civil air patrol volunteer; and to provide remedies for a violation of this act. House Bill No. 5192, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 720 and 728 (MCL 339.720 and 339.728), section 720 as amended by 2010 PA 215 and section 728 as amended by 2014 PA 177. House Bill No. 5006, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 5a. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5107, entitled A bill to create the human trafficking notification act; to require the posting of certain notices relating to human traf­fick­ ing; to prescribe the powers and duties of certain state and local departments and agencies; and to provide a remedy. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. No. 31] [March 23, 2016] JOURNAL OF THE SENATE 411 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 594, entitled A bill to amend 1967 (Ex Sess) PA 7, entitled “Urban cooperation act of 1967,” by amending the title and sections 2 and 10 (MCL 124.502 and 124.510), the title as amended by 1998 PA 169 and sections 2 and 10 as amended by 2002 PA 439. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 Senate Resolution No. 146 The motion prevailed. enate Resolution No. 12. S A resolution to support ending water diversions from the Great Lakes through Chicago. The question being on the adoption of the following committee substitute: Substitute (S-1). The substitute was not adopted. Senator Proos offered the following substitute: A resolution to support the recommendations of the Chicago Area Waterway System Advisory Committee to prevent Asian carp from entering the Great Lakes. Whereas, The Chicago Area Waterway System serves as a pathway for aquatic invasive species to move between the Great Lakes and Mississippi River basins. Zebra mussels and other species spread from the Great Lakes to the Mississippi River and its tributaries through this man-made connection. Now, Asian carp are on the brink of using this same route to invade the Great Lakes from the Mississippi River basin; and Whereas, Asian carp continue to migrate upstream and are now within a day’s swim of Lake Michigan. In the last year, juvenile Asian carp have moved 66 miles closer to Lake Michigan, leaving them only 76 miles from the Great Lakes. While electrical barriers currently stand in their way, new research indicates that those barriers may not be effective at stopping small fish; and Whereas, The impacts of Asian carp to the ecosystems and economies of the Great Lakes states and local communities will be catastrophic. Invasive species established in the Great Lakes already cost the region more than $100 million per year. Asian carp could add dramatically to this cost if they move through the Chicago area into the Great Lakes. These carp are voracious filter feeders and could out-compete the native fish of the Great Lakes, threatening a $7 billion sport and commercial fishery. History has demonstrated that, once established, aquatic invasive species like Asian carp are nearly impossible to eradicate; and Whereas, The Chicago Area Waterway System Advisory Committee was formed in May 2014 with the goal of reaching consensus on a set of recommendations for elected and appointed local, state, and federal officials and the public on shortand long-term measures to prevent Asian carp and other aquatic invasive species from moving between the Great Lakes and Mississippi River basins through the Chicago Area Waterway System; and Whereas, The diverse, 32-member advisory committee reached consensus in a letter to the President of the United States on a specific system of control points to prevent the two-way interbasin transfer of aquatic invasive species. It also reached consensus on supporting immediate actions at the Brandon Road Lock and Dam in Joliet, Illinois, to prevent the risk of Asian carp from migrating upstream while the system of control points is evaluated as a long-term solution for all aquatic invasive species; and Whereas, The best long-term solution will prevent Asian carp from entering the Great Lakes while preserving as much as possible the current uses of the Chicago area waterways. Options that would change shipping on these waterways should only be pursued after all other options have been exhausted; and Whereas, The costs of preventing Asian carp from entering the Great Lakes are substantially lower than the costs to the ecosystems and economies of the Great Lakes states if Asian carp were to become established; now, therefore, be it Resolved by the Senate, That we support the Chicago Area Waterway System Advisory Committee recommendations to implement immediate control technologies at Brandon Road Lock and Dam in Joliet, Illinois, and to further investigate 412 JOURNAL OF THE SENATE [March 23, 2016] [No. 31 the specific system of control points for long-term movement of aquatic invasive species into and out of the Great Lakes; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States, President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congres­sional delegation, and the Commanding General and Chief of Engineers of the United States Army Corps of Engineers. The substitute was adopted. The resolution as substituted was adopted. Senators Bieda, Booher, Hansen, Hildenbrand, Kowall, Marleau, Robertson, Schuitmaker and Zorn were named co‑sponsors of the resolution. Senator Proos asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Proos’ statement is as follows: This resolution asks the federal government to work with the Chicago waterway commission to find the best solution to save the Great Lakes from impending doom. By Great Lakes, I mean all of them. All of the Great Lakes are at risk because of the threat of Asian carp. The fact of the matter is that Asian carp will first show themselves in my Southwestern Michigan district. The water­ ways that connect to Lake Michigan will see the invasive species destroy the ecosystem that right now supports $7 billion worth of industry. The waterways we see coming into the Great Lakes through the Chicago Area Waterway System ought to considered for closure. Instead of asking for that directly, we ask the federal government to do what they can to ensure that the waterways are protected from the invasive species of the Asian carp. Please support this resolution, and send a loud and clear message that the Senate of the state of Michigan agrees that our sport fishing industry, the $7 billion industry that it is, is far too important for us to turn our backs on when we know we can stop this species from destroying the ecosystem in the Great Lakes. enator Hertel offered the following resolution: S Senate Resolution No. 158. A resolution to recognize March 31, 2016, as Cesar E. Chavez Day. Whereas, Cesar Estrada Chavez was a heroic American of Mexican descent, a Chicano, farm worker, labor leader, civil rights leader, and religious and spiritual figure. He was also a community servant and social entrepreneur, crusader for nonviolent social change, and environmentalist and consumer advocate; and Whereas, Cesar E. Chavez began working in the fields of Arizona and California at the age of 10. Profoundly influenced by those humble beginnings, Chavez embraced the nonviolent principles of Mohandas Gandhi and Dr. Martin Luther King, Jr., to crusade against racial and economic discrimination, coordinate voter registration drives, and founded the United Farm Workers of America; and Whereas, In 1991, Cesar E. Chavez received La Aguila Azteca (The Aztec Eagle), Mexico’s highest award presented to people of Mexican ancestry or heritage who have made major contributions outside of Mexico. Then, on August 8, 1994, Chavez became the second Chicano in history to receive the Presidential Medal of Freedom, the highest civilian honor in the United States. This award was presented posthumously by President Bill Clinton to Helena F. Chavez and her children at the White House; and Whereas, In 2003, the Michigan Legislature recognized the many contributions of Cesar E. Chavez made to this nation by declaring the calendar date of March 31 as Cesar E. Chavez Day in the state of Michigan; and Whereas, Cesar E. Chavez served honorably in the U.S. Navy during World War II. For his numerous contributions, on May 5, 2012 (El Cinco de Mayo), the USNS Cesar E. Chavez was christened and launched into San Diego Bay. It was the U.S. Navy’s latest Lewis and Clark-class noncombatant cargo ship, thereby becoming the first naval vessel named after a U.S. citizen of Mexican descent; and Whereas, Recently, the Michigan State Board of Education unanimously adopted a resolution on February 11, 2014, stating that it recognized the life, legacy, and contributions of Cesar E. Chavez, and it, thereby, encouraged the inclusion of lessons on Cesar E. Chavez as referenced in the Content Expectations for both Grade Level and High School in the Social Studies Standards; now, therefore, be it Resolved by the Senate, That we recognize the life, leadership, and legacy of Cesar E. Chavez as worthy of our state’s highest respect and honor. We encourage the President of the United States and Congress to honor the memory of Cesar E. Chavez by proclaiming his birthday of March 31 as a National Day of Service, so that all Americans in all 50 states can take part in meaningful public service activities in their own communities to commemorate the legacy of the Chicano known as Cesar E. Chavez; and be it further No. 31] [March 23, 2016] JOURNAL OF THE SENATE 413 Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Ananich, Bieda, Hood, Jones, Marleau and Warren were named co‑sponsors of the resolution. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 11:21 a.m. 11:31 a.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. By unanimous consent the Senate returned to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 4813 Senate Bill No. 395 Senate Bill No. 746 Senate Bill No. 747 House Bill No. 5377 House Bill No. 4418 House Bill No. 4577 The motion prevailed. The following bill was read a third time: House Bill No. 4813, entitled A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 3e (MCL 338.883e), as added by 1990 PA 246. The question being on the passage of the bill, Senator Warren offered the following amendment: 1. Amend page 2, line 7, after “THAN” by striking out “3” and inserting “2”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 130 Ananich Bieda Gregory Hertel Hood Yeas—18 Hopgood Nofs Smith Horn O’Brien Warren Johnson Rocca Young Knezek Schuitmaker Zorn Kowall 414 JOURNAL OF THE SENATE [March 23, 2016] [No. 31 Nays—19 Booher Hansen MacGregor Robertson Brandenburg Hildenbrand Marleau Schmidt Colbeck Hune Meekhof Shirkey Emmons Jones Pavlov Stamas Green Knollenberg Proos Excused—1 Casperson Not Voting—0 In The Chair: O’Brien Senator Warren offered the following amendments: 1. Amend page 2, line 4, after “(3)” by striking out “THE” and inserting “Except as otherwise provided in subsection (4), the”. 2. Amend page 2, line 8, after “ELECTRICIANS.” by inserting: “(4) SUBSECTION (3) DOES NOT APPLY AFTER DECEMBER 31, 2020. BEGINNING JANUARY 1, 2021, THE RATIO OF ELECTRICAL JOURNEYMEN OR MASTER ELECTRICIANS TO REGISTERED APPRENTICE ELECTRICIANS SHALL BE ON THE BASIS OF 1 ELECTRICAL JOURNEYMAN OR MASTER ELECTRICIAN TO 1 REGISTERED APPRENTICE ELECTRICIAN. (5)”. 3. Amend page 2, line 10, after “the” by striking out “ratio” and inserting “RATIOS DESCRIBED IN SUBSECTIONS (3) AND (4)”. 4. Amend page 2, line 17, by striking out “(4)” and inserting “(6)”. 5. Amend page 2, line 19, by striking out “SUBSECTION (3)” and inserting “SUBSECTIONS (3) AND (4)”. 6. Amend page 2, line 20, by striking out “SUBSECTION (3)” and inserting “SUBSECTIONS (3) AND (4)”. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 131 Yeas—17 Ananich Hopgood Marleau Smith Bieda Horn Nofs Warren Gregory Johnson O’Brien Young Hertel Knezek Rocca Zorn Hood Nays—20 Booher Brandenburg Colbeck Emmons Green Hansen Kowall Robertson Hildenbrand MacGregor Schmidt Hune Meekhof Schuitmaker Jones Pavlov Shirkey Knollenberg Proos Stamas No. 31] [March 23, 2016] JOURNAL OF THE SENATE 415 Excused—1 Casperson Not Voting—0 In The Chair: O’Brien he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 132 Yeas—22 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Colbeck Hune O’Brien Schuitmaker Emmons Jones Pavlov Shirkey Green Knollenberg Proos Stamas Hansen MacGregor Nays—15 Ananich Bieda Gregory Hertel Hood Kowall Warren Hopgood Nofs Young Johnson Rocca Zorn Knezek Smith Excused—1 Casperson Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to safeguard persons and property; to provide for licensing and regulation of electricians and electrical contractors concerning the construction, alteration, installation of electrical wiring and equipment and for the inspection of electrical wiring; to create an electrical administrative board; to create certain committees for certain purposes; to provide certain powers and duties for certain departments; to provide for the assessment of certain fees and for the promul­gation of rules; and to prescribe penalties for violations of this act,”. The Senate agreed to the full title. 416 JOURNAL OF THE SENATE [March 23, 2016] [No. 31 Protests Senators Warren, Hood, Young, Ananich, Hopgood, Bieda, Johnson, Hertel, Gregory and Smith, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 4813. Senator Warren moved that the statement she made during the discussion of the bill be printed as her reasons for voting “no.” The motion prevailed. Senator Warren’s statement, in which Senators Hood, Young, Ananich, Hopgood, Bieda, Johnson, Hertel, Gregory and Smith concurred, is as follows: This bill before us, and the ratio it seeks to change, is really a matter a safety. It’s about protecting people’s property and protecting people’s lives. This change that we are seeking to make today to take our current ratio of one master electrician or one journeyman to one apprentice while they’re in that training period, making sure that the decisions that they’re making, that the installations they’re doing, and that the connections that are happening on a job site are the ones that mean that we will not have loss of property due to fire or a loss of health or life due to an electrocution. Making this decision today to take that ratio from 1:1 to 1:3 is an incredibly huge leap. Many other states do have a 1:2 ratio, which is what we have currently in our law for residential property. So we have 1:1 only right now in our commercial and industrial property. You think about our big manufacturing facilities and the kind of electrical work that needs to happen to make them run. This is what we’re talking about changing. I fear that when we move this bill forward today, we will see an increase in the number of losses of both property and people’s health and life as a result of this decision. Colleagues, I ask you to vote “no” with me. The Amendment No. 1 that was narrowly defeated today, that would have made the ratio 1:2 for our nonresidential building sites, which is what we do have in residential, would have made this an incremental step that I think many of us could have lived with and would have had a chance to see if that was what we needed. And we could still protect public health and public safety. But 1:3 is too much; it is just far too fast, and I really do worry, colleagues, what the impact of this public policy is going to be on job sites around this state. I am voting “no” today. I encourage you to think long and hard, because you don’t want to be the headline in your district that you voted to change this ratio, and a building is on fire in your district or somebody gets electrocuted on a job site in your district. I don’t think you want that headline. The following bill was read a third time: Senate Bill No. 395, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 277. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 133 Yeas—35 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Emmons Hune Nofs Smith Green Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Hertel Knollenberg Robertson Nays—2 Colbeck Stamas Excused—1 Casperson No. 31] [March 23, 2016] JOURNAL OF THE SENATE 417 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. Protests Senators Stamas and Colbeck, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 395. Senator Stamas moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.” The motion prevailed. Senator Stamas’ statement, in which Senator Colbeck concurred, is as follows: I rise in opposition to this bill. While I do sincerely thank the good Senator from the 11th District and truly appreciate what he is trying to do for certainly a worthy cause to help those with this need, in 2011, many of us here took a very tough vote. The vote was to fix our income tax with all of the different deductions. We have fought and worked to achieve a reduction of over $20 billion in unfunded liabilities and debt that the state had once incurred. This will open a Pandora’s box for tax deduction after tax deduction. I will ask you to please take this into consideration, and vote “no” on the bill. Senator Gregory asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Gregory’s statement is as follows: I rise today to ask for support of Senate Bill No. 395. This legislation would allow individuals to improve accessibility and visibility in their homes by providing a tax incentive with the purchase of a principal residence or modifications to an existing residence. The architectural features of a home influence the quality of life for not only the resident, but also others who have physical limitations to their everyday life. Accessible homes benefit people of all ages and abilities and help people to live independently in their homes and communities for as long as they are safely able to do so. Colleagues, I ask for your support. The following bill was read a third time: Senate Bill No. 746, entitled A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 15 (MCL 722.125), as amended by 1993 PA 218. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 134 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel 418 JOURNAL OF THE SENATE [March 23, 2016] [No. 31 Nays—0 Excused—1 Casperson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 747, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 136b (MCL 750.136b), as amended by 2012 PA 194. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 135 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Casperson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. No. 31] [March 23, 2016] JOURNAL OF THE SENATE 419 The following bill was read a third time: House Bill No. 5377, entitled A bill to make, supplement, and adjust appropriations for certain capital outlay projects for the fiscal year ending September 30, 2016; to provide for expenditure of the appropriations; and to prescribe certain conditions for the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 136 Yeas—37 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Colbeck Hune Nofs Smith Emmons Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—0 Excused—1 Casperson Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4418, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2012 PA 522. The question being on the passage of the bill, Senator Kowall moved that further consideration of the bill be postponed temporarily. The motion prevailed. By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today: House Bill No. 4822 The motion prevailed, a majority of the members serving voting therefor. 420 JOURNAL OF THE SENATE [March 23, 2016] [No. 31 By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Stamas as Chairperson. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4822, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1280f. Substitute (S-6). The following are the amendments to the substitute recommended by the Committee of the Whole: 1. Amend page 3, line 5, after “THAT” by striking out “RESEARCH-BASED” and inserting “EVIDENCE-BASED”. 2. Amend page 3, line 10, after “APPLYING” by striking out “RESEARCH-BASED” and inserting “EVIDENCE‑BASED”. 3. Amend page 4, line 10, by striking out “RESEARCH-BASED” and inserting “EVIDENCE-BASED”. 4. Amend page 6, line 12, after “388.1635A” by striking out the balance of the subdivision through all of subdivision (F) and inserting a period. 5. Amend page 6, line 14, after “(1)(B).” by inserting “HOWEVER, A PUBLIC SCHOOL ACADEMY MAY USE AN EARLY LITERACY COACH PROVIDED BY THE PUBLIC SCHOOL ACADEMY, AT THE EXPENSE OF THE PUBLIC SCHOOL ACADEMY, RATHER THAN USING AN EARLY LITERACY COACH PROVIDED THROUGH AN INTERMEDIATE SCHOOL DISTRICT IF THE EARLY LITERACY COACH AND THE USAGE OF THE EARLY LITERACY COACH OTHERWISE MEET THE REQUIREMENTS OF THIS SECTION.”. 6. Amend page 7, line 7, after “PROVIDES” by striking out “RESEARCH-BASED” and inserting “EVIDENCE‑BASED”. 7. Amend page 8, line 11, after “IS” by striking out “RESEARCH-BASED” and inserting “EVIDENCE-BASED”. 8. Amend page 8, line 14, after “IN” by striking out “RESEARCH-BASED” and inserting “EVIDENCE-BASED”. 9. Amend page 8, line 22, after “SUPPLEMENTAL” by striking out “RESEARCH-BASED” and inserting “EVIDENCE-BASED”. 10. Amend page 14, line 5, after “ARE” by striking out “RESEARCH-BASED” and inserting “EVIDENCE-BASED”. 11. Amend page 14, line 20, after “SUPPLEMENTAL” by striking out “RESEARCH-BASED” and inserting “EVIDENCE-BASED”. 12. Amend page 19, following line 22, by inserting: “(A) “EVIDENCE-BASED” MEANS BASED IN RESEARCH AND WITH PROVEN EFFICACY.” and relettering the remaining subdivisions. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar: House Bill No. 4822 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: House Bill No. 4822, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1280f. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 137 Ananich Bieda Yeas—31 Hildenbrand Kowall Rocca Hopgood MacGregor Schmidt No. 31] [March 23, 2016] JOURNAL OF THE SENATE 421 Booher Horn Marleau Schuitmaker Brandenburg Hune Meekhof Shirkey Green Johnson Nofs Smith Gregory Jones Pavlov Stamas Hansen Knezek Proos Zorn Hertel Knollenberg Robertson Nays—6 Colbeck Hood Warren Young Emmons O’Brien Excused—1 Casperson Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, inter­ mediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. enator Kowall moved that Senator Marleau be excused from the balance of today’s session. S The motion prevailed. By unanimous consent the Senate returned to consideration of the following bill: House Bill No. 4418, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2012 PA 522. (This bill was read a third time earlier today and consideration postponed. See p. 419.) The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 138 Ananich Booher Yeas—27 Hertel Knollenberg Proos Hildenbrand Kowall Robertson 422 JOURNAL OF THE SENATE [March 23, 2016] [No. 31 Brandenburg Horn MacGregor Schmidt Emmons Hune Meekhof Shirkey Green Johnson Nofs Stamas Gregory Jones O’Brien Zorn Hansen Knezek Pavlov Nays—9 Bieda Hopgood Schuitmaker Warren Colbeck Rocca Smith Young Hood Excused—2 Casperson Marleau Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4577, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 312f (MCL 257.312f), as amended by 2015 PA 11. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 139 Yeas—36 Ananich Hertel Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Meekhof Shirkey No. 31] [March 23, 2016] JOURNAL OF THE SENATE Colbeck Emmons Green Gregory Hansen Horn Hune Johnson Jones Knezek 423 Nofs Smith O’Brien Stamas Pavlov Warren Proos Young Robertson Zorn Nays—0 Excused—2 Casperson Marleau Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 366, entitled A bill to regulate the solicitation of certain deeds; to prescribe the powers and duties of certain state agencies and officials; and to provide remedies. The House of Representatives has substituted (H-4) the bill. The House of Representatives has passed the bill as substituted (H-4) and ordered that it be given immediate effect. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 140 Ananich Bieda Yeas—36 Hertel Knollenberg Rocca Hildenbrand Kowall Schmidt 424 JOURNAL OF THE SENATE [March 23, 2016] Booher Hood Brandenburg Hopgood Colbeck Horn Emmons Hune Green Johnson Gregory Jones Hansen Knezek [No. 31 MacGregor Schuitmaker Meekhof Shirkey Nofs Smith O’Brien Stamas Pavlov Warren Proos Young Robertson Zorn Nays—0 Excused—2 Casperson Marleau Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. The President pro tempore, Senator Schuitmaker, resumed the Chair. Senate Bill No. 374, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5101 (MCL 333.5101), as amended by 2010 PA 119. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 378, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5121 (MCL 333.5121), as added by 1988 PA 491. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 379, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5123 (MCL 333.5123), as amended by 1994 PA 200. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. No. 31] [March 23, 2016] JOURNAL OF THE SENATE 425 Senate Bill No. 380, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5127 (MCL 333.5127), as added by 1988 PA 491. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 381, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5129 (MCL 333.5129), as amended by 2014 PA 321. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 502, entitled A bill to amend 1984 PA 323, entitled “The health care false claim act,” by amending section 4a (MCL 752.1004a), as added by 2004 PA 411. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 592, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 10205 (MCL 333.10205), as added by 1999 PA 62. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 141 Yeas—36 Ananich Hertel Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Meekhof Shirkey Colbeck Horn Nofs Smith Emmons Hune O’Brien Stamas Green Johnson Pavlov Warren Gregory Jones Proos Young Hansen Knezek Robertson Zorn 426 JOURNAL OF THE SENATE [March 23, 2016] [No. 31 Nays—0 Excused—2 Casperson Marleau Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 667, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 609 (MCL 436.1609), as amended by 2014 PA 353, and by adding sections 609a and 609b. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate proceeded to the order of Statements Senators Ananich and Knezek asked and were granted unanimous consent to make statements and moved that the state­ ments be printed in the Journal. The motion prevailed. Senator Ananich’s statement is as follows: Many of you may know that the Flint water task force put out its final report today. There are a couple key findings for those who haven’t had time to read it that I think they need to hear. First, let me quote from the report: “Even as the state is aggressively engaged in mitigation efforts in Flint, the statement that the Flint water crisis was a local, state, and federal failure implies that blame is attributable equally to all three levels of government. Primary responsibility for the water contamination lies with MDEQ.” Another important point to recognize: “Though there may be some ambiguity in the LCR rule, none of it relates to what the MDEQ should have done in Flint,” the task force report says. “There was and remains no justification for MDEQ not requiring corrosion control treatment for the switch of the water source to the Flint River.” So the Governor’s own task force says clearly responsibility rests with the state, and I think importantly in the Governor’s own office and the culture he created in these departments. I think a critical question that needs to be answered, and I think we need to find the answer quickly, is why these state departments failed. Through this report, we do have a road map to get the answers and make sure this doesn’t happen again, but the critical question of “why” is left unanswered. Obviously, we need to follow through on this report to make sure it doesn’t happen again to my community, and I think also, just as importantly, to your community. enator Knezek’s statement is as follows: S Colleagues, I rise today to discuss the finding of the Flint water task force. This task force, appointed by the Governor, has confirmed what we already know. It was Flint’s emergency managers, not the Flint City Council, who made the decision to switch to the Flint River as a water source. The Governor’s own task force is also recommending a review of the emergency manager law to compensate for loss of the checks and balances that are provided by representative government. That alone is not a solution. No. 31] [March 23, 2016] JOURNAL OF THE SENATE 427 For far too long, the state has been experimenting on its most vulnerable populations, and that’s completely unacceptable. We know that the emergency manager law has failed. The Governor has acknowledged it. The task force has acknowledged it. Colleagues, it’s time to admit defeat. It’s time to stop pretending we can fix something that’s wholly undemocratic. Let me be clear: When you forget that running a city or a state isn’t just about financial solvency, people get hurt. Children’s futures fall through the cracks. We cannot restore trust in government until we demonstrate to the people of Michigan that the Legislature is willing to listen and learn from its mistakes. Let’s not forget that when this law made it onto the ballot in 2012, Michigan rejected it. How did the Legislature respond? The Legislature ignored the will of the people and signed it back into law with an appropriation, making it referendum-proof. Now Michigan’s taxpayers are responsible for paying for it. Today the Governor said that he wants to hear from the Legislature. I say we answer. When the Joint Select Committee on the Flint Water Public Health Emergency meets in Flint next week, we should bring the four emergency managers before the committee to answer questions. But, most importantly, we must give my legislation, Senate Bill No. 734, which would repeal Michigan’s failed emergency manager law, a fair hearing and a vote. Committee Reports The Committee on Education reported House Bill No. 4822, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1280f. With the recommendation that the substitute (S-6) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher and Knezek Nays: Senator Colbeck The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, March 22, 2016, at 2:21 p.m., Room 110, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek The Committee on Local Government reported House Bill No. 5163, entitled A bill to amend 2003 PA 258, entitled “Land bank fast track act,” by amending section 18 (MCL 124.768); and to repeal acts and parts of acts. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Proos, Brandenburg and Young Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, March 22, 2016, at 2:24 p.m., Room 100, Farnum Building Present: Senators Zorn (C), Proos, Brandenburg and Young Excused: Senator Rocca 428 JOURNAL OF THE SENATE [March 23, 2016] [No. 31 COMMITTEE ATTENDANCE REPORT he Subcommittee on Agriculture and Rural Development submitted the following: T Meeting held on Tuesday, March 22, 2016, at 3:00 p.m., Rooms 402 and 403, Capitol Building Present: Senators Green (C), Stamas and Hopgood COMMITTEE ATTENDANCE REPORT he Subcommittee on K-12, School Aid, Education submitted the following: T Meeting held on Wednesday, March 23, 2016, at 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hansen (C), Pavlov and Hopgood COMMITTEE ATTENDANCE REPORT he Subcommittee on State Police and Military Affairs submitted the following: T Meeting held on Wednesday, March 23, 2016, at 8:30 a.m., Room 110, Farnum Building Present: Senators Nofs (C), Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Subcommittee on Community Colleges submitted the following: T Meeting held on Wednesday, March 23, 2016, at 9:00 a.m., Room 100, Farnum Building Present: Senators Booher (C), Schuitmaker and Knezek COMMITTEE ATTENDANCE REPORT he Subcommittee on Judiciary submitted the following: T Meeting held on Wednesday, March 23, 2016, at 9:15 a.m., Room 405, Capitol Building Present: Senators Proos (C) and Schuitmaker Excused: Senator Young Scheduled Meetings Appropriations Subcommittees General Government - Thursday, March 24, 8:30 a.m., Room 100, Farnum Building and Tuesday, April 12, 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Higher Education - Thursday, March 24, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Licensing and Regulatory Affairs - Thursday, March 24, 2:00 p.m., Room 100, Farnum Building (373-2768) (CANCELED) State Police and Military Affairs - Tuesday, May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Transportation - Thursday, March 24, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Criminal Justice Policy Commission - Wednesday, April 6, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Joint Select Committee on the Flint Water Public Health Emergency - Tuesday, March 29, 10:00 a.m., Northbank Center, University of Michigan Flint Campus, 432 North Saginaw Street, Flint (373-5307) No. 31] [March 23, 2016] JOURNAL OF THE SENATE 429 Transportation and House Transportation and Infrastructure - Thursday, March 24, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 12:40 p.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, March 24, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 430 No. 32 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Thursday, March 24, 2016. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Emmons—present Green—present Gregory—present Hansen—present Hertel—excused Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—excused Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Smith—present Stamas—present Warren—present Young—present Zorn—present 432 JOURNAL OF THE SENATE [March 24, 2016] [No. 32 astor Dave Deets of Whitneyville Bible Church of Alto offered the following invocation: P Father, we thank You so much for the opportunity to be able to gather together. Father, we thank You for these men and women who have given their lives in public service to the state of Michigan. Father, we know that all wisdom and authority comes from You, and so, Father, I pray that You would grant to each one of these Senators the wisdom that they need as they make decisions and interact with their constituents from their areas of service. Father, I pray that You would be glorified in all that they do and say. We pray that You would bring unity; that You would bring opportunity to work together between the Senators, between the House of Representatives, and between others who are involved in Michigan politics. Father, we pray that You would use our state in a mighty way in this country. We pray, Father, that You would continue to encourage us as we watch the political scene unfold before us as we move towards the next presidency. Father, we know that in Your sovereignty You will work out all things as You will. We pray these things in You name. Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Ananich entered the Senate Chamber. enator Kowall moved that Senator Green be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senator Marleau be excused from today’s session. S The motion prevailed. enator Hood moved that Senator Johnson be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Hertel be excused from today’s session. S The motion prevailed. enator Kowall moved that rule 3.902 be suspended to allow his guests admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. The following communication was received: Office of Senator Patrick Colbeck I would like to be added as a co‑sponsor on SB 670. Thank you for your consideration of my request. The communication was referred to the Secretary for record. March 22, 2016 Sincerely, Patrick Colbeck State Senator, 7th District The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, March 23: House Bill Nos. 4540 5392 The Secretary announced that the following bills and joint resolution were printed and filed on Wednesday, March 23, and are available at the Michigan Legislature website: Senate Joint Resolution R House Bill Nos. 5509 5510 5511 5512 No. 32] [March 24, 2016] JOURNAL OF THE SENATE 433 Senator Kowall asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Kowall’s statement is as follows: Today is a special occasion. It’s unfortunate that our colleague Curtis Hertel isn’t here, but he was called away on a family emergency, so he asked me to stand in for him. Today, I would like to congratulate Bettie Trice on her lifetime of accom­ plish­ments and dedication to the Michigan Senate. Bettie has had a distinguished career continuing more than 40 years in the Michigan State Senate. She began her career in 1975 as the executive secretary for Senator Basil Brown. I knew Sena­ tor Basil Brown, and he was a character and one of those Senators whom you never forget. A year later, Bettie became the assistant journal clerk for the Secretary of the Senate, Billie Farnum, whom the building is named after. She soon became the journal clerk, a position in which she served for 14 years. In 1992, Bettie became the session clerks manager for the Michigan State Senate. She has served in this position, and still does, with care and a great deal of skill. Bettie’s time as session clerks manager has been a great service to the Michigan State Senate. She has proven to be a reliable supervisor to her employees, a diligent researcher and interpreter of legislation, and a faithful advisor to the Secretary of the Senate and Assistant Secretary of the Senate. These, among other tasks in the position of session clerks manager, are evidence of her strong dedication to the state of Michigan and the Legislature. It is my pleasure today to honor Bettie Trice for her 40 years of service to the Michigan Senate. I would like to present her with this tribute on behalf of Senator Hertel, Representative Schor, Governor Snyder, and myself. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:10 a.m. 11:15 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senators Johnson and Green entered the Senate Chamber. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Hildenbrand as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with amendment, the following bill: House Bill No. 5296, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The following is the amendment recommended by the Committee of the Whole: 1. Amend page 4, line 10, after “1643” by inserting a comma and “or section 12(4) of the Michigan financial review commission act, 2014 PA 181, MCL 141.1642(4), applies to the distressed school district”. The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5385, entitled A bill to amend 2014 PA 181, entitled “Michigan financial review commission act,” by amending sections 2, 3, 4, 5, 6, 7, 8, and 12 (MCL 141.1632, 141.1633, 141.1634, 141.1635, 141.1636, 141.1637, 141.1638, and 141.1642). Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. 434 JOURNAL OF THE SENATE [March 24, 2016] [No. 32 By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: House Bill No. 5296 House Bill No. 5385 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: House Bill No. 5296, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 142 Yeas—29 Ananich Hopgood MacGregor Schuitmaker Bieda Horn Meekhof Shirkey Booher Johnson Nofs Smith Green Jones O’Brien Stamas Gregory Knezek Proos Warren Hansen Knollenberg Robertson Young Hildenbrand Kowall Schmidt Zorn Hood Nays—7 Brandenburg Colbeck Hune Rocca Casperson Emmons Pavlov Excused—2 Hertel Marleau Not Voting—0 In The Chair: Schuitmaker enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5385, entitled A bill to amend 2014 PA 181, entitled “Michigan financial review commission act,” by amending sections 2, 3, 4, 5, 6, 7, 8, and 12 (MCL 141.1632, 141.1633, 141.1634, 141.1635, 141.1636, 141.1637, 141.1638, and 141.1642). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 32] Roll Call No. 143 [March 24, 2016] JOURNAL OF THE SENATE 435 Yeas—26 Ananich Hildenbrand MacGregor Schmidt Bieda Horn Meekhof Schuitmaker Booher Johnson Nofs Shirkey Brandenburg Jones O’Brien Stamas Green Knezek Proos Warren Gregory Knollenberg Robertson Zorn Hansen Kowall Nays—10 Casperson Hood Pavlov Smith Colbeck Hopgood Rocca Young Emmons Hune Excused—2 Hertel Marleau Not Voting—0 In The Chair: Schuitmaker enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to create the Michigan financial review commission act; to provide for the operation of certain commissions; to create funds and accounts; to prescribe the powers and duties of certain commissions, the state treasurer, certain other state officials and state employees, and certain local officials; to provide for the dissolution of certain commissions; and to make certain appropriations,”. The Senate agreed to the full title. Senator Casperson stated that had he been present on March 22 when the votes were taken on the passage of the following bills, he would have voted “nay”: Senate Bill No. 710 Senate Bill No. 819 Senate Bill No. 820 Senate Bill No. 821 Senate Bill No. 822 Senator Casperson stated that had he been present on March 22 when the vote was taken on the passage of the following bill, he would have voted “yea”: Senate Bill No. 711 Senator Casperson stated that had he been present on March 23 when the votes were taken on the passage of the following bills, he would have voted “yea”: House Bill No. 4418 House Bill No. 4577 House Bill No. 4822 436 JOURNAL OF THE SENATE [March 24, 2016] [No. 32 House Bill No. 5377 Senate Bill No. 395 Senate Bill No. 746 Senate Bill No. 747 Senator Casperson stated that had he been present on March 23 when the vote was taken on the passage of the following bill, he would have voted “nay”: House Bill No. 4813 By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today: House Bill No. 4895 Senate Bill No. 344 The motion prevailed, a majority of the members serving voting therefor. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Hildenbrand as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 702, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 716 (MCL 257.716), as amended by 2008 PA 539. House Bill No. 4895, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 541 (MCL 436.1541), as amended by 2008 PA 489. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 717, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec­tions 21304c, 21310a, 21323a, and 21325 (MCL 324.21304c, 324.21310a, 324.21323a, and 324.21325), sections 21304c, 21310a, and 21323a as amended by 2012 PA 446 and section 21325 as added by 2012 PA 108, and by adding section 21325a. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 344, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 533 (MCL 436.1533), as amended by 1998 PA 416. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. No. 32] [March 24, 2016] JOURNAL OF THE SENATE 437 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 11:33 a.m. 11:43 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. enator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Ananich admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 11:44 a.m. 11:50 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator Bieda introduced Senate Bill No. 862, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406u. The bill was read a first and second time by title and referred to the Committee on Insurance. Senator Bieda introduced Senate Bill No. 863, entitled A bill to amend 2000 PA 92, entitled “Food law,” by amending section 6141 (MCL 289.6141). The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senator Bieda introduced Senate Bill No. 864, entitled A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending sections 2 and 3 (MCL 15.262 and 15.263), section 2 as amended by 2001 PA 38 and section 3 as amended by 1988 PA 278. The bill was read a first and second time by title and referred to the Committee on Insurance. Senator Bieda introduced Senate Bill No. 865, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 134 and 3104 (MCL 500.134 and 500.3104), section 134 as amended by 1990 PA 256 and section 3104 as amended by 2002 PA 662. The bill was read a first and second time by title and referred to the Committee on Insurance. Senators Schuitmaker and Jones introduced Senate Bill No. 866, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11701, 12102, 16901, 44501, and 82101 (MCL 324.11701, 324.12102, 324.16901, 324.44501, and 324.82101), section 11701 438 JOURNAL OF THE SENATE [March 24, 2016] [No. 32 as amended by 2005 PA 199, section 12102 as amended by 2015 PA 224, section 16901 as amended by 2014 PA 543, section 44501 as amended by 2012 PA 294, and section 82101 as amended by 2014 PA 404. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Schuitmaker and Jones introduced Senate Bill No. 867, entitled A bill to amend 1996 PA 195, entitled “Police officer’s and fire fighter’s survivor tuition grant act,” by amending section 2 (MCL 390.1242), as amended by 2012 PA 470. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Jones and Schuitmaker introduced Senate Bill No. 868, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 2950 and 2950a (MCL 600.2950 and 600.2950a), section 2950 as amended by 2001 PA 200 and section 2950a as amended by 2010 PA 19. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Jones and Schuitmaker introduced Senate Bill No. 869, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 528a (MCL 750.528a), as amended by 2015 PA 26. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Schuitmaker introduced Senate Bill No. 870, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3101 and 3113 (MCL 500.3101 and 500.3113), section 3101 as amended by 2014 PA 492 and section 3113 as amended by 2014 PA 489. The bill was read a first and second time by title and referred to the Committee on Insurance. House Bill No. 4540, entitled A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending sections 2 and 13 (MCL 15.232 and 15.243), section 2 as amended by 1996 PA 553 and section 13 as amended by 2006 PA 482. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 5392, entitled A bill to amend 1965 PA 329, entitled “Michigan seed law,” by amending section 11 (MCL 286.711), as amended by 1996 PA 86. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Agriculture. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 729, entitled A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 11 (MCL 46.11), as amended by 2015 PA 236. The House of Representatives has passed the bill and ordered that the bill be given immediate effect. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. No. 32] [March 24, 2016] JOURNAL OF THE SENATE 439 By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage: House Bill No. 4895 Senate Bill No. 344 The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 4537 House Bill No. 5192 House Bill No. 5107 House Bill No. 5006 Senate Bill No. 594 House Bill No. 4895 Senate Bill No. 344 The motion prevailed. The following bill was read a third time: House Bill No. 4537, entitled A bill to prohibit an employer from discriminating against, disciplining, or discharging an employee who is absent from work to respond to an emergency as a civil air patrol volunteer; and to provide remedies for a violation of this act. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 144 Yeas—36 Ananich Hansen Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Nays—0 Excused—2 Hertel Marleau In The Chair: Schuitmaker Not Voting—0 440 JOURNAL OF THE SENATE [March 24, 2016] [No. 32 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5192, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 720 and 728 (MCL 339.720 and 339.728), section 720 as amended by 2010 PA 215 and section 728 as amended by 2014 PA 177. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 145 Yeas—36 Ananich Hansen Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Nays—0 Excused—2 Hertel Marleau Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations and to regulate certain persons and activities relative to those occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to provide immunity from certain civil liability for certain entities and certain related occupations under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5107, entitled A bill to create the human trafficking notification act; to require the posting of certain notices relating to human traffick­ing; to prescribe the powers and duties of certain state and local departments and agencies; and to provide a remedy. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 32] Roll Call No. 146 [March 24, 2016] JOURNAL OF THE SENATE 441 Yeas—36 Ananich Hansen Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Nays—0 Excused—2 Hertel Marleau Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5006, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 5a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 147 Yeas—36 Ananich Hansen Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Nays—0 442 JOURNAL OF THE SENATE [March 24, 2016] [No. 32 Excused—2 Hertel Marleau Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 594, entitled A bill to amend 1967 (Ex Sess) PA 7, entitled “Urban cooperation act of 1967,” by amending the title and sections 2 and 10 (MCL 124.502 and 124.510), the title as amended by 1998 PA 169 and sections 2 and 10 as amended by 2002 PA 439. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 148 Yeas—36 Ananich Hansen Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Nays—0 Excused—2 Hertel Marleau Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. No. 32] [March 24, 2016] JOURNAL OF THE SENATE 443 The following bill was read a third time: House Bill No. 4895, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 541 (MCL 436.1541), as amended by 2008 PA 489. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 149 Yeas—28 Ananich Hood Kowall Schuitmaker Bieda Hopgood MacGregor Shirkey Brandenburg Hune Meekhof Smith Colbeck Johnson O’Brien Stamas Gregory Jones Pavlov Warren Hansen Knezek Proos Young Hildenbrand Knollenberg Rocca Zorn Nays—8 Booher Emmons Horn Robertson Casperson Green Nofs Schmidt Excused—2 Hertel Marleau Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 344, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 533 (MCL 436.1533), as amended by 1998 PA 416. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 444 JOURNAL OF THE SENATE [March 24, 2016] Roll Call No. 150 [No. 32 Yeas—36 Ananich Hansen Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Nays—0 Excused—2 Hertel Marleau Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. Recess enator Kowall moved that the Senate recess until 1:30 p.m. S The motion prevailed, the time being 12:15 p.m. The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Sena­ tor Schuitmaker. Recess enator Kowall moved that the Senate recess until 2:00 p.m. S The motion prevailed, the time being 1:31 p.m. The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Sena­ tor Schuitmaker. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 2:01 p.m. 2:09 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. No. 32] [March 24, 2016] JOURNAL OF THE SENATE 445 By unanimous consent the Senate returned to the order of Messages from the House enator Kowall moved that rule 3.202 be suspended to permit immediate consideration of the following bills: S Senate Bill No. 171 Senate Bill No. 352 Senate Bill No. 476 Senate Bill No. 582 Senate Bill No. 583 The motion prevailed, a majority of the members serving voting therefor. Senate Bill No. 171, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7d (MCL 211.7d), as amended by 2012 PA 66. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 151 Yeas—35 Ananich Hansen Kowall Schmidt Bieda Hildenbrand MacGregor Schuitmaker Booher Hood Meekhof Shirkey Brandenburg Hopgood Nofs Smith Casperson Horn O’Brien Stamas Colbeck Hune Pavlov Warren Emmons Johnson Proos Young Green Jones Robertson Zorn Gregory Knollenberg Rocca Nays—0 Excused—2 Hertel Marleau Not Voting—1 Knezek In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. 446 JOURNAL OF THE SENATE [March 24, 2016] [No. 32 Senate Bill No. 352, entitled A bill to allow for designation of a caregiver; to prescribe the duties of a designated caregiver; to enable a hospital to assist in designating a caregiver; and to prescribe the duties of state departments and agencies. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 152 Yeas—27 Booher Hildenbrand Meekhof Schmidt Brandenburg Horn Nofs Schuitmaker Casperson Hune O’Brien Shirkey Colbeck Jones Pavlov Smith Emmons Knollenberg Proos Stamas Green Kowall Robertson Zorn Hansen MacGregor Rocca Nays—9 Ananich Hood Johnson Warren Bieda Hopgood Knezek Young Gregory Excused—2 Hertel Marleau Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senator Bieda moved that he be removed as co‑sponsor of the bill. The motion prevailed. Senate Bill No. 476, entitled A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending sections 7 and 11 (MCL 205.427 and 205.431), section 7 as amended by 2014 PA 298 and section 11 as amended by 2012 PA 325. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: No. 32] Roll Call No. 153 [March 24, 2016] JOURNAL OF THE SENATE 447 Yeas—36 Ananich Hansen Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Nays—0 Excused—2 Hertel Marleau Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 582, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 87b and 87c (MCL 211.87b and 211.87c), section 87b as amended by 2014 PA 126 and section 87c as amended by 2012 PA 431, and by adding section 87f. The House of Representatives has substituted (H-3) the bill. The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 154 Yeas—36 Ananich Hansen Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn 448 JOURNAL OF THE SENATE [March 24, 2016] [No. 32 Nays—0 Excused—2 Hertel Marleau Not Voting—0 In The Chair: Schuitmaker The President, Lieutenant Governor Calley, assumed the Chair. he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. The Assistant President pro tempore, Senator O’Brien, assumed the Chair. Senate Bill No. 583, entitled A bill to amend 1933 PA 94, entitled “The revenue bond act of 1933,” by amending the title and section 3 (MCL 141.103), the title as amended by 1998 PA 196 and section 3 as amended by 2002 PA 465, and by adding sections 7b, 21a, 22a, and 24a. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 155 Yeas—36 Ananich Hansen Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Nays—0 Excused—2 Hertel Marleau No. 32] [March 24, 2016] JOURNAL OF THE SENATE 449 Not Voting—0 In The Chair: O’Brien he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senator Kowall moved that the enrollment be vacated on the following bill: Senate Bill No. 171, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7d (MCL 211.7d), as amended by 2012 PA 66. The motion prevailed. Senator Kowall moved to reconsider the vote by which the House substitute was concurred in. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 156 Yeas—36 Ananich Hansen Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood MacGregor Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Smith Colbeck Hune O’Brien Stamas Emmons Johnson Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Nays—0 Excused—2 Hertel Marleau Not Voting—0 In The Chair: O’Brien he bill was referred to the Secretary for enrollment printing and presentation to the Governor. T Senators Ananich, Casperson, Hansen, Hildenbrand, Hood, Hopgood, Horn, Jones, Knezek, Kowall, O’Brien, Rocca, Schmidt and Warren were named co‑sponsors of the bill. House Bill No. 4822, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1280f. The House of Representatives has non-concurred in the Senate substitute (S-6) and appointed Reps. Cotter, Price and Zemke as conferees. The message was referred to the Secretary for record. 450 JOURNAL OF THE SENATE [March 24, 2016] [No. 32 By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 Senate Resolution No. 146 The motion prevailed. enators Casperson and Warren offered the following resolution: S Senate Resolution No. 157. A resolution to commemorate April 19, 2016, as Suits and Sneakers Day. Whereas, The Coaches vs. Cancer program is a nationwide collaboration between the American Cancer Society and the National Association of Basketball Coaches, leveraging the personal experiences, community leadership, and professional excellence of coaches nationwide to increase cancer awareness and promote healthy living through year-round awareness efforts, fundraising activities, and advocacy programs; and Whereas, The American Cancer Society saves lives and creates a world with more birthdays by helping people stay well, helping people get well, finding cures, and fighting back, in partnership with its nonpartisan advocacy affiliate, the American Cancer Society Cancer Action Network; and Whereas, More than 57,000 Michiganders were newly-diagnosed with cancer in 2015; and Whereas, Cancer patients face countless challenges associated with their diagnoses, including physical, emotional, financial, and day-to-day challenges; and Whereas, Since 1993, coaches and their supporters have raised more than $87 million for the American Cancer Society to help make the American Cancer Society’s services and programs available to those who need them the most; and Whereas, The Coaches vs. Cancer Suits And Sneakers™ Awareness nationwide effort unites coaches across the country to wear sneakers with their game attire while coaching games during the weekend of January 25-31, 2016. It also encourages lawmakers and others to similarly wear suits and sneakers to raise awareness about the fight against cancer, share the importance of nutrition and physical activity in reducing one’s cancer risk, and promote the American Cancer Society as a resource for help and support; and Whereas, Michigan coaches have joined together with their fellow coaches nationwide, as well as thousands of volunteers for the American Cancer Society and the American Cancer Society Cancer Action Network, to advocate on behalf of cancer patients, survivors, and caregivers so that one day cancer will be eliminated as a major public health issue; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate April 19, 2016, as Suits and Sneakers Day in the state of Michigan; and be it further Resolved, That we urge all Michiganders to use this day as an opportunity to educate themselves about cancer and take proactive steps to reduce their risks and get appropriate screenings. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Booher, Hansen, Marleau, Proos and Bieda were named co‑sponsors of the resolution. enator Stamas offered the following resolution: S Senate Resolution No. 159. A resolution to commemorate March 25, 2016, as Greek Independence Day. Whereas, The concept of democracy, in which the supreme power to govern was vested in the people, was developed by the ancient Greeks; and Whereas, The Founding Fathers of the United States were heavily influenced by the political and philosophical principles of ancient Greece; and Whereas, Our Greek American community enriches economic and cultural development through its many contributions to science, technology, medicine, government, economics, architecture, and the arts; and Whereas, Michigan is home to nearly 50,000 residents of Greek descent; and Whereas, Greece and the United States have been allies through two World Wars, the Korean conflict, Vietnam War, Operation Desert Storm, and the Cold War; and No. 32] [March 24, 2016] JOURNAL OF THE SENATE 451 Whereas, Winston Churchill once said, “If there had not been the virtue and courage of the Greeks, we do not know which the outcome of World War II would have been,” and “No longer will we say that Greeks fight like heroes, but that heroes fight like Greeks”; and Whereas, March 25, 2016, marks the 195th anniversary of the uprising that led to the War of Greek Independence from the Ottoman Empire; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate March 25, 2016, as Greek Independence Day in Michigan. We thank those of Greek heritage for the important contributions they have made to our state and our country. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Colbeck, Hansen, Jones, MacGregor, Proos, Zorn and Knollenberg were named co‑sponsors of the resolution. enator Kowall offered the following concurrent resolution: S Senate Concurrent Resolution No. 27. A concurrent resolution prescribing the legislative schedule. Resolved by the Senate (the House of Representatives concurring), That when the Senate adjourns on Thursday, March 24, 2016, it stands adjourned until Tuesday, April 12, 2016, at 10:00 a.m.; and be it further Resolved, That when the House of Representatives adjourns on Thursday, March 24, 2016, it stands adjourned until Tuesday, April 12, 2016, at 1:30 p.m. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The concurrent resolution was adopted. Senators Booher, Brandenburg, Hansen, Proos and Zorn were named co‑sponsors of the concurrent resolution. Committee Reports The Committee on Health Policy reported Senate Bill No. 741, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 22203 (MCL 333.22203), as amended by 2002 PA 619. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, Marleau, Jones, Stamas and Robertson Nays: Senator Knezek The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Tuesday, March 22, 2016, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Jones, Stamas, Robertson and Knezek Excused: Senators Hertel and Hopgood The Committee on Judiciary reported Senate Bill No. 848, entitled A bill to provide protection for freedom of expression for student journalists in public schools and institutions of higher education. 452 JOURNAL OF THE SENATE [March 24, 2016] [No. 32 ith the recommendation that the substitute (S-1) be adopted and that the bill then pass. W The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, March 22, 2016, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda The Committee on Insurance reported House Bill No. 4636, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1202 (MCL 500.1202), as amended by 2014 PA 150. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Brandenburg, Schmidt, Horn, Bieda, Johnson and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Insurance reported House Bill No. 4660, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3515 (MCL 500.3515), as amended by 2005 PA 306. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Brandenburg, Schmidt, O’Brien, Horn, Bieda, Johnson and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Insurance reported House Bill No. 4661, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by repealing section 2477d (MCL 500.2477d). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Brandenburg, Schmidt, O’Brien, Horn, Bieda, Johnson and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Insurance reported House Bill No. 4662, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by repealing section 2409c (MCL 500.2409c). No. 32] [March 24, 2016] JOURNAL OF THE SENATE 453 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Brandenburg, Schmidt, O’Brien, Horn, Bieda, Johnson and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Insurance reported House Bill No. 4663, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2213b (MCL 500.2213b), as amended by 2013 PA 5. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Brandenburg, Schmidt, O’Brien, Horn, Bieda, Johnson and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Insurance reported House Bill No. 4664, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by repealing sections 2409 and 2409a (MCL 500.2409 and 500.2409a). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Brandenburg, Schmidt, O’Brien, Horn, Bieda, Johnson and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Insurance reported House Bill No. 4665, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by repealing sections 2477, 2477a, 2477b, and 2477c (MCL 500.2477, 500.2477a, 500.2477b, and 500.2477c). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Brandenburg, Schmidt, O’Brien, Horn, Bieda, Johnson and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Insurance reported House Bill No. 4666, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16243 (MCL 333.16243), as amended by 1993 PA 79. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson 454 JOURNAL OF THE SENATE [March 24, 2016] [No. 32 To Report Out: Yeas: Senators Hune, Brandenburg, Schmidt, O’Brien, Horn, Bieda, Johnson and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Insurance reported House Bill No. 4667, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by repealing section 2409b (MCL 500.2409b). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Brandenburg, Schmidt, O’Brien, Horn, Bieda, Johnson and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Insurance reported House Bill No. 4668, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 803 (MCL 436.1803). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Brandenburg, Schmidt, O’Brien, Horn, Bieda, Johnson and Young Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Insurance submitted the following: T Meeting held on Wednesday, March 23, 2016, at 2:00 p.m., Room 100, Farnum Building Present: Senators Hune (C), Brandenburg, Schmidt, O’Brien, Horn, Bieda, Johnson and Young Excused: Senators Jones and Marleau The Committee on Regulatory Reform reported House Bill No. 4895, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 541 (MCL 436.1541), as amended by 2008 PA 489. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Regulatory Reform reported Senate Bill No. 344, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 533 (MCL 436.1533), as amended by 1998 PA 416. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson No. 32] [March 24, 2016] JOURNAL OF THE SENATE 455 To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Regulatory Reform submitted the following: T Meeting held on Wednesday, March 23, 2016, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Rocca (C), Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson COMMITTEE ATTENDANCE REPORT he Subcommittee on Environmental Quality submitted the following: T Meeting held on Wednesday, March 23, 2016, at 11:30 a.m., Room 100, Farnum Building Present: Senators Green (C), MacGregor and Hopgood COMMITTEE ATTENDANCE REPORT he Subcommittee on Corrections submitted the following: T Meeting held on Wednesday, March 23, 2016, at 12:30 p.m., Room 405, Capitol Building Present: Senators Proos (C), Knollenberg and Gregory COMMITTEE ATTENDANCE REPORT he Subcommittee on Natural Resources submitted the following: T Meeting held on Wednesday, March 23, 2016, at 3:00 p.m., Room 110, Farnum Building Present: Senators Green (C), Booher and Hopgood COMMITTEE ATTENDANCE REPORT he Joint Subcommittee on Capital Outlay submitted the following: T Joint meeting held on Wednesday, March 23, 2016, at 4:00 p.m., House Appropriations Room, 3rd Floor, Capitol Building Present: Senators Booher (C), Nofs, Schuitmaker, Hansen and MacGregor Excused: Senators Gregory and Hertel COMMITTEE ATTENDANCE REPORT he Subcommittee on General Government submitted the following: T Meeting held on Thursday, March 24, 2016, at 8:30 a.m., Room 100, Farnum Building Present: Senators Stamas (C), Nofs and Booher Excused: Senator Young COMMITTEE ATTENDANCE REPORT he Subcommittee on Transportation submitted the following: T Meeting held on Thursday, March 24, 2016, at 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hansen (C), Knollenberg and Young Scheduled Meetings Appropriations Subcommittees General Government - Tuesday, April 12, 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) 456 JOURNAL OF THE SENATE [March 24, 2016] [No. 32 State Police and Military Affairs - Tuesday, May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Criminal Justice Policy Commission - Wednesday, April 6, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Joint Select Committee on the Flint Water Public Health Emergency - Tuesday, March 29, 10:00 a.m., Northbank Center, University of Michigan Flint Campus, 432 North Saginaw Street, Flint (373-5307) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 2:34 p.m. Pursuant to Senate Concurrent Resolution No. 27, the Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Tuesday, April 12, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 33 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Tuesday, April 12, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—excused Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 458 JOURNAL OF THE SENATE [April 12, 2016] [No. 33 enator Morris W. Hood III of the 3rd District offered the following invocation: S We pray and give You thanks, Lord, for all that You have given us, are giving us, and will give us. We pray for the strength and courage today to come to this body to make decisions for millions of people. It is easy to make the easy decisions, but it is tough to make the tough decisions. We ask for Your guidance in that. We also pray for patience; I know that I do. We pray for patience every day because patience, tolerance, and forgiveness are what You teach us. We pray for the people in Brussels, Spain, and San Bernardino. We pray for all the families who have lost lives in those tragic events. People are living in fear and without shelter, so we pray for those of us here and around this world who have lost loved ones. We pray for new life. We have experienced new life in this chamber—Alex Hune and Jacob Ananich—and we pray for new lives because that is what we need to do. We need to pray to make a better life for them. We pray that when we conclude praying and we all say “Amen,” our prayer doesn’t stop there. That is not the final thing we do for the day. Prayer continues on for the rest of the day, which is why we pray when we wake up, the beginning, like we do in session. We must continue that prayer and be together as our prayers continue. We ask all of these things in the name of Your Son Jesus Christ. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Brandenburg, Green, Meekhof, Jones, Casperson, Shirkey, Hopgood and Proos entered the Senate Chamber. enator Kowall moved that Senator Marleau be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Johnson be excused from today’s session. S The motion prevailed. Senator Marleau entered the Senate Chamber. enator Kowall moved that rule 2.106 be suspended to allow committees to meet during Senate session. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:06 a.m. 11:00 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator Young entered the Senate Chamber. The following communication was received and read: Office of the Senate Majority Leader March 25, 2016 ursuant to Joint Rule 3, the House of Representatives having non-concurred in the Senate substitute (S-6) to House P Bill 4822, I appoint the following members to sit on the conference committee: Senator Phil Pavlov Senator Goeff Hansen Senator David Knezek No. 33] [April 12, 2016] JOURNAL OF THE SENATE 459 If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communication was referred to the Secretary for record. The following communications were received and read: Office of the Auditor General March 25, 2016 nclosed is a copy of the following audit report: E • Performance audit report on Children’s Special Health Care Services, Michigan Department of Health and Human Services. March 29, 2016 nclosed is a copy of the following audit report: E • Performance audit on the Trust Accounting and Payroll System, Department of Corrections and Department of Technology, Management, and Budget. April 6, 2016 nclosed is a copy of the following Preliminary Survey Summary: E • Wage and Hour Program, Department of Licensing and Regulatory Affairs. Sincerely, Doug Ringler Auditor General The audit reports and preliminary survey summary were referred to the Committee on Government Operations. The following communication was received and read: Office of Senator Virgil K. Smith I hereby resign as a Senator for District Four. pril 12, 2016 A The communication was referred to the Secretary for record. Virgil K. Smith The following communication was received: Department of State Administrative Rules Notice of Filing March 24, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-068-LR (Secretary of State Filing #16-03-17) on this date at 3:42 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Part 520. Ventilation Control.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communication was referred to the Secretary for record. 460 JOURNAL OF THE SENATE [April 12, 2016] [No. 33 The Secretary announced that the following House bills were received in the Senate and filed on Thursday, March 24: House Bill Nos. 4787 4830 5121 5407 The Secretary announced the enrollment printing and presentation to the Governor on Thursday, March 24, for his approval the following bills: Enrolled Senate Bill No. 551 at 1:04 p.m. Enrolled Senate Bill No. 507 at 1:06 p.m. Enrolled Senate Bill No. 375 at 1:08 p.m. Enrolled Senate Bill No. 376 at 1:10 p.m. Enrolled Senate Bill No. 377 at 1:12 p.m. Enrolled Senate Bill No. 216 at 3:29 p.m. The Secretary announced the approval the following bills: Enrolled Senate Bill No. 374 Enrolled Senate Bill No. 378 Enrolled Senate Bill No. 379 Enrolled Senate Bill No. 380 Enrolled Senate Bill No. 381 Enrolled Senate Bill No. 592 enrollment printing and presentation to the Governor on Monday, March 28, for his at at at at at at 2:33 p.m. 2:35 p.m. 2:37 p.m. 2:39 p.m. 2:41 p.m. 2:43 p.m. The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, April 6, for his approval the following bills: Enrolled Senate Bill No. 729 at 12:39 p.m. Enrolled Senate Bill No. 583 at 12:41 p.m. Enrolled Senate Bill No. 582 at 12:43 p.m. Enrolled Senate Bill No. 476 at 12:45 p.m. Enrolled Senate Bill No. 352 at 12:47 p.m. Enrolled Senate Bill No. 171 at 12:49 p.m. Enrolled Senate Bill No. 667 at 12:51 p.m. Enrolled Senate Bill No. 502 at 12:53 p.m. Enrolled Senate Bill No. 366 at 12:55 p.m. The Secretary announced that the following bills were printed and filed on Thursday, March 24, and are available at the Michigan Legislature website: Senate Bill Nos. 862 863 864 865 866 867 868 869 870 House Bill Nos. 5513 5514 5515 5516 5517 5518 5519 5520 5521 5522 5523 5524 5525 5526 5527 5528 5529 Senator Kowall moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today: Senate Bill No. 818 The motion prevailed, a majority of the members serving voting therefor. Messages from the Governor The following messages from the Governor were received: Date: March 29, 2016 Time: 9:13 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 551 (Public Act No. 57), being An act to amend 1998 PA 386, entitled “An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts No. 33] [April 12, 2016] JOURNAL OF THE SENATE 461 of acts,” by amending sections 1104, 2801, 2803, 2807, 3206, 3207, 3209, 3614, and 3701 (MCL 700.1104, 700.2801, 700.2803, 700.2807, 700.3206, 700.3207, 700.3209, 700.3614, and 700.3701), section 1104 as amended by 2009 PA 46, section 2803 as amended by 2012 PA 173, section 2807 as amended by 2000 PA 54, sections 3206 and 3209 as amended by 2012 PA 63, section 3207 as amended by 2010 PA 325, and sections 3614 and 3701 as amended by 2006 PA 299, and by adding sections 3206a and 3206b; and to repeal acts and parts of acts. (Filed with the Secretary of State on March 29, 2016, at 10:29 a.m.) Date: March 29, 2016 Time: 9:15 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 507 (Public Act No. 55), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropria­ tions; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” (MCL 324.101 to 324.90106) by adding part 175. (Filed with the Secretary of State on March 29, 2016, at 10:25 a.m.) Date: March 29, 2016 Time: 9:17 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 216 (Public Act No. 56), being An act to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 4, 6, 98, 107, 230, and 256 (MCL 388.1604, 388.1606, 388.1698, 388.1707, 388.1830, and 388.1856), section 4 as amended by 2012 PA 201, section 6 as amended by 2015 PA 223, sections 98, 230, and 256 as amended by 2015 PA 85, and section 107 as amended by 2015 PA 139. (Filed with the Secretary of State on March 29, 2016, at 10:27 a.m.) Date: April 5, 2016 Time: 11:32 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 374 (Public Act No. 63), being An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 5101 (MCL 333.5101), as amended by 2010 PA 119. (Filed with the Secretary of State on April 5, 2016, at 1:26 p.m.) 462 JOURNAL OF THE SENATE [April 12, 2016] [No. 33 Date: April 5, 2016 Time: 11:34 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 375 (Public Act No. 64), being An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 5111 (MCL 333.5111), as amended by 2010 PA 119. (Filed with the Secretary of State on April 5, 2016, at 1:28 p.m.) Date: April 5, 2016 Time: 11:36 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 376 (Public Act No. 65), being An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 5117 (MCL 333.5117), as amended by 2010 PA 119. (Filed with the Secretary of State on April 5, 2016, at 1:30 p.m.) Date: April 5, 2016 Time: 11:38 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 377 (Public Act No. 66), being An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health No. 33] [April 12, 2016] JOURNAL OF THE SENATE 463 maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 5119 (MCL 333.5119), as amended by 2000 PA 209. (Filed with the Secretary of State on April 5, 2016, at 1:32 p.m.) Date: April 5, 2016 Time: 11:40 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 378 (Public Act No. 67), being An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 5121 (MCL 333.5121), as added by 1988 PA 491. (Filed with the Secretary of State on April 5, 2016, at 1:34 p.m.) Date: April 5, 2016 Time: 11:42 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 379 (Public Act No. 68), being An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 5123 (MCL 333.5123), as amended by 1994 PA 200. (Filed with the Secretary of State on April 5, 2016, at 1:36 p.m.) 464 JOURNAL OF THE SENATE [April 12, 2016] [No. 33 Date: April 5, 2016 Time: 11:44 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 380 (Public Act No. 69), being An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 5127 (MCL 333.5127), as added by 1988 PA 491. (Filed with the Secretary of State on April 5, 2016, at 1:38 p.m.) Date: April 5, 2016 Time: 11:46 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 381 (Public Act No. 70), being An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 5129 (MCL 333.5129), as amended by 2014 PA 321. (Filed with the Secretary of State on April 5, 2016, at 1:40 p.m.) Date: April 5, 2016 Time: 11:48 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 592 (Public Act No. 71), being An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical No. 33] [April 12, 2016] JOURNAL OF THE SENATE 465 delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 10205 (MCL 333.10205), as added by 1999 PA 62. (Filed with the Secretary of State on April 5, 2016, at 1:42 p.m.) Respectfully, Rick Snyder Governor The following message from the Governor was received on March 29, 2016, and read: EXECUTIVE ORDER No. 2016-6 Creation of the Governor’s 21st Century Education Commission Executive Office of the Governor WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and WHEREAS, Section 4 of Article V of the Michigan Constitution of 1963 authorizes the establishment of temporary commissions or agencies for special purposes; and WHEREAS, under Section 1 of 1931 PA 195, being MCL 10.51, the Governor may, at such times and for such purposes as the Governor deems necessary or advisable, create special advisory bodies consisting of as many members as the Governor deems appropriate; and WHEREAS, Section 17 of Article V of the Michigan Constitution of 1963 empowers the Governor to present to the Legislature information as to the affairs of the state and recommend measures that he considers necessary or desirable; and WHEREAS, an educated and knowledgeable population is critical to Michigan’s economic and civic vitality and its quality of life; and WHEREAS, a skilled, credentialed workforce capable of sustained success in a global, knowledge-based economy is a necessary outcome of a state’s system of education; and WHEREAS, Michigan’s current system of local, regional, and state education entities is over five decades old and was designed primarily to produce a mid-skilled workforce for a manufacturing economy; and WHEREAS, Michigan’s current system of funding education hasn’t been modified in over twenty years and there have been significant changes in the state’s population and economy since that time; and WHEREAS, Michigan falls below the national average in critical measures of educational attainment including the number of individuals with college degrees or work-valued credentials; and WHEREAS, the current system of education is producing significantly disparate achievement results for minority and economically disadvantaged students and a growing number of students seeking postsecondary credentials require costly remedial coursework in order to continue; and WHEREAS, Michigan cannot hope to maintain its economic vitality and quality of life without making dramatic gains in the academic achievement and career preparedness of all its residents; and WHEREAS, the people of Michigan have historically supported and invested in a system of public education to open the doors of educational opportunity and employment to all; and WHEREAS, we must act now to ensure our system of education, its structure, governance, funding, and accountability, is focused on student achievement and success for the good of all residents and the vitality of the state; NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I.  CREATION OF THE 21st CENTURY EDUCATION COMMISSION A. The Governor’s 21st Century Education Commission (the “Commission”) is created as a temporary commission pursuant to Article V, Section 4, of the Constitution of the state of Michigan of 1963 and shall serve as an advisory body within the Executive Office of the Governor. 466 JOURNAL OF THE SENATE [April 12, 2016] [No. 33 B. The Commission shall be an independent and autonomous entity with the intent that its authority, powers, duties, and responsibilities be exercised free from the direction and supervision of the principal departments in the executive branch and shall be composed of twenty-five (25) members appointed as follows: 1. The Governor shall appoint sixteen (16) voting members to the Commission serving at the pleasure of the Governor. 2. The following five (5) voting members: • One (1) member appointed by the Speaker of the House; • One (1) member appointed by the House Minority Leader; • One (1) member appointed by the Senate Majority Leader; • One (1) member appointed by the Senate Minority Leader; and • The President of the State Board of Education or his/her designee. 3. The following four (4) department heads or their designees from within their respective departments or agencies who shall be non-voting, ex officio members: • The Superintendent of Public Instruction; • The State Treasurer; • The Director of the State Budget Office; and • The Director of the Talent Investment Agency. C. A vacancy on the Commission shall be filled in the same manner as the original appointment. D. The Commission shall include individuals representing the education, business, government, and nonprofit communities who have a particular interest or expertise in education. Specifically, Commission members will need to possess expertise in education system design at the state, regional, and local levels including how Michigan’s system of public education providers are organized, governed, funded, and held accountable for successful education outcomes, Pre-K through credential/career attainment, and/or have knowledge of factors that both inhibit and enable that success. II.  CHARGE TO THE COMMISSION A. The Commission shall act in an advisory capacity to the Governor and the state of Michigan, and shall do all of the following: 1. Analyze top performing states and nations to determine how their systems of education (structure, governance, funding, and accountability) have led to academic and career success for students pre-school through career credentialing/postsecondary education. 2. Determine, for top performing states and nations, the similarities and differences between their demographic, cultural and economic realities and Michigan’s demographic, cultural, and economic realities. 3. Based on this analysis of top performing states and nations, identify the structural (configuration of schools,) governance, funding, and accountability enablers and inhibitors impacting the academic success and career preparedness for Michigan students and residents, including distinct demographic and geographic variances as appropriate. 4. Recommend changes to restructure, as necessary, the configuration, governance, funding, and accountability of Michigan’s education system to significantly improve student achievement and career preparedness, and ensure the high quality of all education options available to parents and students. 5. Prioritize the Commission’s recommendations for implementation. B. Provide other information or advice as directed by the Governor. C. No later than November 30, 2016, shall complete its work and issue a final report to the Governor for his consid­ eration. D. A copy of the final report shall be transmitted to the Legislature and State Board of Education. E. Ninety days (90) after issuance and transference of its final report, the Commission shall be deemed to have met the charges placed upon it by this Executive Order and shall cease operations. III.  OPERATIONS OF THE COMMISSION A. The Commission shall be staffed by personnel from and assisted by state departments and agencies as directed by the Governor’s Office. B. The Governor shall designate the Chairperson or Chairpersons of the Commission who shall serve as the Chair at the pleasure of the Governor. C. The Commission may select from among its members a Vice Chairperson. D. The Commission shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Commission. Meetings of the Commission may be held anywhere within the state of Michigan. E. The Commission may establish workgroups or committees assigning Commission members to and inviting public participation on these workgroups or committees as the Commission deems necessary. F. The Commission may adopt, reject, or modify recommendations made by the workgroups or committees. G. A majority of the voting members of the Commission serving constitutes a quorum for the transaction of the Com­ mission’s business, notwithstanding the existence of one (1) or more vacancies. The Commission shall act by majority vote of its present and voting members. H. The Commission shall adopt procedures consistent with Michigan law and this Order governing its organization and operations. No. 33] [April 12, 2016] JOURNAL OF THE SENATE 467 I. The Commission may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. Subject to the Governor’s approval, the Commission may consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, government agencies, and the nonprofit sector. J. Members of the Commission shall serve without compensation. Subject to the Governor’s approval and available funding, members of the Commission may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Michigan Civil Service Commission and the Department of Technology, Management and Budget. K. Subject to the Governor’s approval, the Commission may hire or retain contractors, sub-contractors, advisors, con­ sultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Commission and the performance of its duties, as the Governor deems advisable and necessary in accordance with the relevant statutes, rules, and procedures of the Civil Service Commission and the Department of Technology, Management and Budget. L. The Commission may accept grants of funds, donations of funds, property, labor, services, or other things of value from any public or private agency or person. Any donations shall be expended in accordance with applicable laws, rules, and procedures. M. Members of the Commission, staff, or contractors shall refer all legal, legislative, and media contacts relating to Commission actions or activities to the Office of the Governor. IV. MISCELLANEOUS A. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state shall give to the Commission, or to any member or representative of the Commission, any necessary assistance required by the Commission, or any member or representative of the Commission, in the performance of the duties of the Commission so far as is compatible with its, his, or her duties. B. Nothing in this Executive Order shall be construed to diminish the constitutional authority of the State Board of Education pursuant to Section 3 of Article VIII of the Michigan Constitution of 1963, to provide leadership and general supervision over all public education, including adult education and instructional programs in state institutions, except as to institutions of higher education granting baccalaureate degrees; to serve as the general planning and coordinating body for all public education, including higher education; and to advise the Legislature as to the financial requirements in connection therewith. C. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order shall not abate by reason of the taking effect of this Order. D. Nothing in this Order shall be construed to change the organization of the executive branch of state government or the assignment of functions among its units in a manner requiring the force of law. E. The invalidity of any portion of this Order shall not affect the validity of the remainder the Order. This Executive Order shall become effective upon filing. Given under my hand and the Great Seal of the state of [SEAL] Michigan this 28th day of March, in the Year of our Lord Two Thousand Sixteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. The following message from the Governor was received and read: March 24, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Economic Development Corporation Executive Committee Karen Weaver of 1101 S. Saginaw Street, Flint, Michigan 48502, county of Genesee, representing public agencies, succeeding Cindy Larsen, is appointed for a term expiring April 5, 2024. John W. Brown of 750 Trade Centre Way, Suite 145, Portage, Michigan 49002, county of Kalamazoo, representing the private sector, succeeding himself, is reappointed for a term expiring April 5, 2024. Thomas J. Moran of 6694 Bowen Road, Onaway, Michigan 49765, county of Cheboygan, representing the private sector, succeeding himself, is reappointed for a term expiring April 5, 2024. John B. O’Reilly of 22576 Beech Street, Dearborn, Michigan 48124, county of Wayne, representing the private sector, succeeding himself, is reappointed for a term expiring April 5, 2024. 468 JOURNAL OF THE SENATE [April 12, 2016] [No. 33 Christopher L. Rizik of 208 South Rogers Street, Northville, Michigan 48167, county of Wayne, representing the private sector, succeeding himself, is reappointed for a term expiring April 5, 2024. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Nofs as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill: Senate Bill No. 818, entitled A bill to amend 1943 PA 148, entitled “Proprietary schools act,” by amending section 1a (MCL 395.101a), as amended by 2009 PA 212. The bill was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 490, entitled A bill to amend 1988 PA 378, entitled “An act to preserve personal privacy with respect to the purchase, rental, or borrowing of certain materials; and to provide penalties and remedies for violation of this act,” by amending sections 1, 2, 3, 4, and 5 (MCL 445.1711, 445.1712, 445.1713, 445.1714, and 445.1715), section 5 as added by 1989 PA 206. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2) and ordered that it be given immediate effect. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, Senator Warren offered the following amendments to the substitute: 1. Amend page 2, line 3, by striking out all of subdivision (D) and relettering the remaining subdivision. 2. Amend page 3, line 5, by striking out all of subdivision (D) and relettering the remaining subdivisions. The amendments to the substitute were not adopted. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments to the substitute were not adopted, a majority of the members not voting therefor, as follows: Roll Call No. 157 Yeas—9 Ananich Hertel Hopgood Warren Bieda Hood Knezek Young Gregory Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey No. 33] [April 12, 2016] JOURNAL OF THE SENATE Emmons Green Hansen Knollenberg Pavlov Stamas Kowall Proos Zorn MacGregor Robertson 469 Excused—1 Johnson Not Voting—0 In The Chair: President Senator Warren offered the following amendment to the substitute: 1. Amend page 4, line 19, after “Sec. 5.” by striking out all of subsections (1) and (2) and inserting “(1) Regardless of any criminal prosecution for a violation of this act, a person who THAT violates this act shall be liable in a civil action for damages to the customer identified in a record or other information that is disclosed in violation of this act. The customer may bring a civil action against the person and may recover both of the following: (a) Actual damages, including damages for emotional distress, or $5,000.00, whichever is greater. (b) Costs REASONABLE COSTS and reasonable attorney fees.” and renumbering the remaining subsection. The amendment to the substitute was not adopted. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment to the substitute was not adopted, a majority of the members not voting therefor, as follows: Roll Call No. 158 Yeas—11 Ananich Hertel Jones Warren Bieda Hood Knezek Young Gregory Hopgood Rocca Nays—25 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Knollenberg O’Brien Shirkey Emmons Kowall Pavlov Stamas Green MacGregor Proos Zorn Hansen Excused—1 Johnson In The Chair: President Not Voting—0 470 JOURNAL OF THE SENATE [April 12, 2016] [No. 33 Senator Warren offered the following amendments to the substitute: 1. Amend page 3, line 16, after “time” by striking out the balance of the line through “NAME.” on line 17 and inserting a period and “THE WRITTEN NOTICE MUST SPECIFY THE MANNER OR MANNERS BY WHICH THE CUSTOMER MAY REMOVE HIS OR HER NAME AND PREVENT FURTHER DISCLOSURE OF HIS OR HER INFORMATION; BE SEPARATE FROM ANY DOCUMENT THAT CONTAINS OTHER LEGAL OR FINANCIAL OBLIGATIONS OF THE CONSUMER; AND BE PROVIDED IN A CLEAR AND CONSPICUOUS MANNER.”. 2. Amend page 3, line 20, after “DISCLOSURE.” by striking out the balance of the line through the first “NOTICE” on line 21 and inserting “IF THE OTHER REQUIREMENTS OF THIS SUBPARAGRAPH ARE MET, A PERSON MAY USE ANY OF THE FOLLOWING METHODS OF NOTICE TO”. The amendments to the substitute were not adopted. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments to the substitute were not adopted, a majority of the members not voting therefor, as follows: Roll Call No. 159 Yeas—10 Ananich Hertel Knezek Warren Bieda Hood Rocca Young Gregory Hopgood Nays—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Excused—1 Johnson Not Voting—0 In The Chair: President Senator Warren offered the following amendment to the substitute: 1. Amend page 3, line 14, by striking out all of subparagraphs (i), (ii), and (iii) and inserting: “(i) UNLESS THE DISCLOSURE IS AUTHORIZED UNDER SUBDIVISION (A), (B), (C), OR (D), A PERSON SHALL NOT DISCLOSE A CUSTOMER’S NONPUBLIC RECORD OR INFORMATION UNDER THIS SUBDIVISION TO ANOTHER PERSON WITHOUT THE PRIOR AND SPECIFIC INFORMED CONSENT, IN WRITING, OF THE CUSTOMER, AND THE CUSTOMER MAY WITHDRAW HIS OR HER CONSENT AT ANY TIME. (ii) IF A CUSTOMER CONSENTS TO THE DISCLOSURE OF A NONPUBLIC RECORD OR INFORMATION TO ANOTHER PERSON UNDER SUBPARAGRAPH (i), THE NONPUBLIC RECORD OR INFORMATION SHALL NOT BE DISCLOSED UNLESS THAT OTHER PERSON AGREES TO PROTECT AND USE THE DISCLOSED RECORD OR INFORMATION ONLY IN THE MANNER AUTHORIZED UNDER THIS ACT. No. 33] [April 12, 2016] JOURNAL OF THE SENATE 471 THIS SUBPARAGRAPH DOES NOT APPLY TO A DISCLOSURE MADE TO THE DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES, THE DIRECTOR OF THAT DEPARTMENT, ANOTHER GOVERNMENTAL AGENCY OR ENTITY, OR A COURT. (iii) IF A CUSTOMER CONSENTS TO THE DISCLOSURE OF A NONPUBLIC RECORD OR INFORMATION TO ANOTHER PERSON UNDER SUBPARAGRAPH (i), THE NONPUBLIC RECORD OR INFORMATION SHALL NOT BE DISCLOSED UNLESS THAT OTHER PERSON AGREES NOT TO RELEASE THE INFORMATION TO ANY OTHER PERSON WITHOUT ANOTHER PRIOR AND SPECIFIC INFORMED CONSENT FROM THE CUSTOMER, IN WRITING, AUTHORIZING THE ADDITIONAL DISCLOSURE. (iv) THE PERSON THAT IS DISCLOSING THE INFORMATION SHALL INFORM THE CUSTOMER BY WRITTEN NOTICE THAT THE CUSTOMER MAY WITHDRAW HIS OR HER CONSENT UNDER SUBPARAGRAPH (i) AT ANY TIME IN THE MANNER DESCRIBED IN SUBPARAGRAPH (v). ANY OF THE FOLLOWING METHODS OF NOTICE SATISFY THE WRITTEN NOTICE REQUIREMENTS OF THIS SUBPARAGRAPH: (A) WRITTEN NOTICE INCLUDED IN OR WITH ANY MATERIALS SOLD, RENTED, OR LENT TO THE CUSTOMER UNDER SECTION 2. (B) WRITTEN NOTICE PROVIDED TO THE CUSTOMER AT THE TIME HE OR SHE ORDERS ANY OF THE MATERIALS DESCRIBED IN SECTION 2 OR OTHERWISE PROVIDED TO THE CUSTOMER IN CONNECTION WITH THE TRANSACTION BETWEEN THE PERSON AND CUSTOMER FOR THE SALE, RENTAL, OR LOAN OF THE MATERIALS TO THE CUSTOMER. (C) NOTICE THAT IS INCLUDED IN AN ONLINE PRIVACY POLICY OR SIMILAR COMMUNICATION THAT IS POSTED ON THE INTERNET, IS MAINTAINED BY THE PERSON THAT IS DISCLOSING THE INFORMATION, AND IS AVAILABLE TO CUSTOMERS OR THE GENERAL PUBLIC. (v) A CUSTOMER MAY PROVIDE NOTICE THAT HE OR SHE WITHDRAWS HIS OR HER CONSENT UNDER SUBPARAGRAPH (i) TO THE PERSON THAT IS DISCLOSING INFORMATION UNDER THIS SUBDIVISION. IF THE PERSON PROVIDES A PROMINENTLY DISCLOSED AND EASY-TO-USE MECHANISM OR ADDRESS FOR SUBMISSION OF SUCH A REQUEST, THE CUSTOMER MUST SUBMIT THE NOTICE IN THAT MANNER IN ORDER FOR THE NOTICE TO BE VALID UNDER THIS SECTION. (vi) BEGINNING 30 DAYS AFTER THE PERSON RECEIVES THE WRITTEN NOTICE DESCRIBED IN SUBPARAGRAPH (iv), THE PERSON SHALL NOT KNOWINGLY DISCLOSE THE CUSTOMER’S NAME TO ANY OTHER PERSON FOR MARKETING GOODS AND SERVICES.”. The amendment to the substitute was not adopted. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment to the substitute was not adopted, a majority of the members not voting therefor, as follows: Roll Call No. 160 Yeas—10 Ananich Hertel Knezek Warren Bieda Hood Rocca Young Gregory Hopgood Nays—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Excused—1 Johnson 472 JOURNAL OF THE SENATE [April 12, 2016] [No. 33 Not Voting—0 In The Chair: President he question being on concurring in the substitute made to the bill by the House, T The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 161 Yeas—28 Ananich Hansen MacGregor Robertson Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Nays—8 Bieda Gregory Hertel Hood Hopgood Warren Knezek Young Excused—1 Johnson Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Protests Senators Warren, Hood, Bieda and Knezek, under their constitutional right of protest (Art. 4, Sec. 18), protested against concurring in the House substitute for Senate Bill No. 490. Senator Warren moved that the statements she made during the discussion of the bill be printed as her reasons for voting “no.” The motion prevailed. Senator Warren’s statement, in which Senators Hood, Bieda and Knezek concurred, is as follows: Michigan’s preservation of personal privacy act is a strong consumer protection statute that was enacted to preserve the privacy of Michiganders’ choices in reading materials like books and magazines and video materials like movies and documentaries. To achieve that goal, the personal privacy act prohibits businesses from disclosing information that would identify their consumers, their reading choices, and video selections to third parties, except in certain limited circumstances, No. 33] [April 12, 2016] JOURNAL OF THE SENATE 473 such as with the written permission of the customer. The personal privacy act is arguably the strongest consumer privacy law in the entire country when it comes to protecting consumer reading and video purchases. No other state in the nation even comes close. So although this bill was put in front of us as a modernization and an attempt to react to the way that we are now renting videos—we’re not going to Blockbuster anymore; we’re going online to Netflix, or we’re getting a movie from a Redbox—this is, in fact, not just a modernization, but a gutting of a really important consumer protection statute that has stood on our books for a very long time. Senate Bill No. 490 is being pushed by a group of out-of-state companies, many of whom have been caught in Michigan’s preservation of personal privacy act. The law simply requires that companies get permission from Michiganders before disclosing and selling their protected information. Those companies didn’t get permission from customers and, nonetheless, sold Michiganders’ customer data to third party data miners. As a result, several of those companies are now being challenged in federal court by Michiganders—by our constituents. Failing in court, these companies are now trying to immunize themselves from liability by gutting the law. Our Attorney General Bill Schuette has weighed in very publicly in court. Part of what I read to you was a quote from him that calls this one of the most important consumer protection statutes that we have in the country. Attorney General Schuette believes that what we have on the books right now is the right way to go and, colleagues, so do I. These companies that are spearheading this bill and who were behind its creation are already using this bill before it’s even passed to argue in court that they shouldn’t face liability for violating our personal privacy act in court. Even worse, if passed, the law will likely be interpreted as retroactive, meaning that all of these companies will get the get-out-of-jail-free card that they are asking for. Make no mistake, what that means is that our constituents’ data is being illegally mined and sold right now without their permission. If we pass this bill, it will only get worse, because without the ability to hold companies accountable in court, we will have no way to ensure our privacy. Many of you remember the reason that we started talking about these bills in the first place: When a high-level judicial appointee had disclosed the information about what movies he was renting. We all deserve a level of privacy when it comes to the reading materials and video materials that we rent and look at. I encourage you, colleagues, to think very carefully, and join me in voting “no” on this bill, which would really seriously gut important provisions that protect all of our consumers and us every day. Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 717 Senate Bill No. 702 The motion prevailed. The following bill was read a third time: Senate Bill No. 717, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21303, 21304c, 21310a, 21323a, and 21325 (MCL 324.21303, 324.21304c, 324.21310a, 324.21323a, and 324.21325), sections 21303, 21304c, 21310a, and 21323a as amended by 2012 PA 446 and section 21325 as added by 2012 PA 108, and by adding section 21325a. The question being on the passage of the bill, Senator Warren offered the following amendment: 1. Amend page 14, line 26, after “NOTIFY” by inserting “THE DEPARTMENT AND”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 162 Yeas—10 Ananich Hertel Knezek Warren Bieda Hood Rocca Young Gregory Hopgood 474 JOURNAL OF THE SENATE [April 12, 2016] [No. 33 Nays—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Excused—1 Johnson Not Voting—0 In The Chair: President Senator Warren offered the following amendment: 1. Amend page 15, line 4, after “HIGHWAY.” by inserting “A LOCAL UNIT OF GOVERNMENT THAT RECEIVES A NOTICE OF INTENT TO USE A PUBLIC HIGHWAY AS A METHOD OF RESTRICTING EXPOSURE TO A REGULATED SUBSTANCE MAY REQUIRE THE OWNER OR OPERATOR THAT IS LIABLE UNDER SECTION 21312A TO POST A BOND FOR THE PROJECTED ADDITIONAL COST OF REPAIR OR RENOVATION WORK THAT IS SCHEDULED TO BE PERFORMED ON OR BELOW THE PUBLIC HIGHWAY IN THE FOLLOWING 3 YEARS AND IS ATTRIBUTABLE TO THE PRESENCE OF REGULATED SUBSTANCES AS DEFINED BY THE RBSLS OR SSTLS.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 163 Yeas—10 Ananich Hertel Knezek Warren Bieda Hood Rocca Young Gregory Hopgood Nays—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor No. 33] [April 12, 2016] JOURNAL OF THE SENATE 475 Excused—1 Johnson Not Voting—0 In The Chair: President he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 164 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—9 Ananich Hertel Hopgood Warren Bieda Hood Knezek Young Gregory Excused—1 Johnson Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 702, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 716 (MCL 257.716), as amended by 2008 PA 539. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 476 JOURNAL OF THE SENATE [April 12, 2016] Roll Call No. 165 [No. 33 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—9 Ananich Hertel Hopgood Warren Bieda Hood Knezek Young Gregory Excused—1 Johnson Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Statements Senators Bieda and Warren asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Bieda’s statement is as follows: Colleagues, I rise today to address the clear and imminent threat that Enbridge Energy Pipeline 5 poses to the Great Lakes. Canadian company Enbridge operates two 20-inch-diameter pipelines that lie exposed in the water at the bottom of the Straits of Mackinac about 1,000 feet apart. They were built in 1953. That’s right, 63 years ago, during the Eisenhower Admin­ is­tration. Pipelines cannot last indefinitely. The original agreement with Enbridge, which would never happen with today’s state environmental laws, called for a maxi­mum flow of 300,000 barrels per day, yet Enbridge sends 540,000 barrels per day, which is 23 million gallons. These pipe­lines cross one of the most ecologically-sensitive areas in the world. Twenty percent of the fresh surface water on the planet is in the Great Lakes. A spill would destroy fisheries, drinking water, tourism, irrigation, manufacturing, recreation, and 1-in-5 jobs connected to the Great Lakes. We do not get the benefit of the oil in Michigan. Much of the oil flowing through these pipelines comes from Canada and takes a shortcut across Michigan before crossing back into Sarnia, Canada, where it is refined for markets in Canada. In 2014, Enbridge was found guilty of violations for improper anchor spacing requirements to prohibit the pipeline from moving around. In the event of a spill, liability and surety bonds are woefully outdated and ineffective. There are no mid­ stream shutoff valves, and emergency response plans are virtually nonexistent. In 2015, the United States Coast Guard testified before Congress that they would be unable to effectively respond to an open water oil spill. No. 33] [April 12, 2016] JOURNAL OF THE SENATE 477 For the sake of our economy, our environment, and our culture and heritage, an aggressive timetable must be established to shutdown Enbridge Line 5. I would like to thank the Senator from the 24th District for introducing a bill today, which I am proud to co‑sponsor, that would shut down Enbridge Line 5. I have also had a resolution that I introduced in December 2015 asking the Governor and Attorney General to shut this pipeline down. That resolution was referred to the Committee on Government Operations, otherwise known as the committee where bills are sent to die. I don’t want to be a prophet, and I don’t want my speech repeated in the event of a spill in the Great Lakes. I think this is a very important issue facing us, and we need to be proactive. I believe we need to take action now, and I respectfully request that these bills and resolution be taken up for consideration. enator Warren’s statement is as follows: S Today, April 12, has been designated by the Michigan House of Representatives as Equal Pay Day. In fact, this entire week has been designated as Equal Pay Week. Equal Pay Day comes when it does, more than 100 days into the new year, to mark how long women have to work to make up for the wage gap and earn as much as men did as of December 31 of the previous year. The statistics on the gender pay gap are grim. According to the most recent study by the Institute for Women’s Policy Research, working women in our state of Michigan make just 77 cents on the dollar for every dollar their male counterparts are paid. This disparity puts Michigan behind the nation’s gender pay gap of 78.3 cents per dollar, and it leaves us 36th in the nation for disparity in employment and earnings. In fact, it’s estimated that over the course of a working woman’s lifetime, the average American woman will lose $530,000 simply due to the pay gap. Research studies have shown that the pay gap remains even after researchers control for education levels, types of professions, and other characteristics that are often cited for why the wage gap still exists. What troubles me more than these statistics is the lack of progress that has been made over the last ten years. If current trends continue, women in Michigan will not achieve pay equity for 70 more years—not until 2086. In fact, we might be headed the wrong way. The Institute for Women’s Policy Research found that the national pay gap actually widened between 2014 and 2015. While the pay gap is often framed as a women’s issue, the truth is that everyone is affected by it. It’s everyone’s issue. Now more than ever, women are the heads of households or a very integral half of a dual-income home. We are the chief consumers of goods and services, and we are the drivers of many parts of our state’s economy. According to one recent study, women are the sole earners or the primary wage earners for over 40 percent of all households. Today in Michigan, 34.7 percent of families headed by a working single mother live in poverty. If we close the pay gap, that number would be cut by 15.2 percent. With a simple change in enforcement of pay equity laws, we would lift a significant number of women and children in this state out of poverty. Of course, achieving pay equity wouldn’t just make a difference to families that would be lifted out of poverty. It would also increase the number of dollars flowing into local businesses and bank accounts and would bolster our entire state’s economy. Given the difference that achieving pay equity could make across our state and nation, I was heartened to see the House of Representatives pass this resolution and observe this important day and week. So many of my colleagues on both sides of the aisle, as well as our own Governor Rick Snyder, have stated that they support equal pay for equal work, but commemorating Equal Pay Day and Equal Pay Week is not enough. It is time to join together in a bipartisan fashion and take real action on legislation that will make a difference in closing the pay gap. Let’s not spend another year commemorating Equal Pay Day without doing something to close the gap. By unanimous consent the Senate returned to the order of Introduction and Referral of Bills Senator Ananich introduced Senate Bill No. 871, entitled A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending section 2 (MCL 12.252), as amended by 2005 PA 232, and by adding section 11. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators O’Brien, Schuitmaker, Brandenburg and Nofs introduced Senate Bill No. 872, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17001 and 17011 (MCL 333.17001 and 333.17011), section 17001 as amended by 2006 PA 161 and section 17011 as amended by 2006 PA 398, and by adding sections 16326, 17079, 17080, and 17081. The bill was read a first and second time by title and referred to the Committee on Health Policy. 478 JOURNAL OF THE SENATE [April 12, 2016] [No. 33 Senators Jones, O’Brien, Schuitmaker and Horn introduced Senate Bill No. 873, entitled A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending sections 16, 16a, 44, 44a, 45, and 76 (MCL 780.766, 780.766a, 780.794, 780.794a, 780.795, and 780.826), sections 16, 44, and 76 as amended by 2013 PA 139, sections 16a and 44a as amended by 2006 PA 461, and section 45 as amended by 1996 PA 562; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Schuitmaker, Jones, O’Brien and Horn introduced Senate Bill No. 874, entitled A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending section 17 (MCL 780.767), as amended by 1996 PA 562. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Horn, O’Brien, Jones and Schuitmaker introduced Senate Bill No. 875, entitled A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending sections 19, 20, 20a, 22a, 25, 46a, 48, 52, 78a, and 84 (MCL 780.769, 780.770, 780.770a, 780.772a, 780.775, 780.796a, 780.798, 780.802, 780.828a, and 780.834), sections 19, 20, and 48 as amended by 2012 PA 564, section 20a as amended by 1998 PA 523, section 22a as added by 1993 PA 341, section 25 as amended and section 84 as added by 1988 PA 21, section 46a as amended by 2000 PA 503, section 52 as added by 1988 PA 22, and section 78a as amended by 2006 PA 461. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators O’Brien, Jones, Schuitmaker and Horn introduced Senate Bill No. 876, entitled A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending sections 18b, 45a, and 77b (MCL 780.768b, 780.795a, and 780.827b), as added by 2006 PA 461. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Knollenberg, O’Brien, Jones, Schuitmaker and Horn introduced Senate Bill No. 877, entitled A bill to amend 1985 PA 87, entitled “William Van Regenmorter crime victim’s rights act,” by amending sections 6, 7, 8, 36, 37, 38, 65, 66, 67, and 68 (MCL 780.756, 780.757, 780.758, 780.786, 780.787, 780.788, 780.815, 780.816, 780.817, and 780.818), sections 6 and 65 as amended by 2005 PA 184, sections 8, 38, and 68 as amended by 2012 PA 457, sections 36 and 66 as amended by 2000 PA 503, section 37 as added by 1988 PA 22, and section 67 as added by 1988 PA 21. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4787, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 213a. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4830, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16l of chapter XVII (MCL 777.16l), as amended by 2011 PA 202. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5121, entitled A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” (MCL 125.1501 to 125.1531) by adding section 4g. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. No. 33] [April 12, 2016] JOURNAL OF THE SENATE 479 House Bill No. 5407, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 175 and 177 (MCL 168.175 and 168.177). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Committee Reports The Committee on Regulatory Reform reported Senate Bill No. 671, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 303 and 543 (MCL 436.1303 and 436.1543), section 543 as amended by 2010 PA 213. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Regulatory Reform reported Senate Bill No. 818, entitled A bill to amend 1943 PA 148, entitled “Proprietary schools act,” by amending section 1a (MCL 395.101a), as amended by 2009 PA 212. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Regulatory Reform reported House Bill No. 4344, entitled A bill to amend 1974 PA 300, entitled “Motor vehicle service and repair act,” by amending sections 2, 2a, 3, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 30, 32, 33, 34a, 36, and 39 (MCL 257.1302, 257.1302a, 257.1303, 257.1307, 257.1309, 257.1310, 257.1311, 257.1312, 257.1313, 257.1314, 257.1315, 257.1316, 257.1317, 257.1318, 257.1319, 257.1320, 257.1321, 257.1322, 257.1330, 257.1332, 257.1333, 257.1334a, 257.1336, and 257.1339), sections 2, 18, 22, and 30 as amended and section 2a as added by 1988 PA 254, section 10 as amended by 2000 PA 366, and section 17 as amended by 2002 PA 464, and by adding sections 7a, 7b, 7c, 7d, 7e, 7f, 10a, 13a, 13b, and 32a. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Regulatory Reform reported House Bill No. 5257, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 610. 480 JOURNAL OF THE SENATE [April 12, 2016] [No. 33 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren and Johnson Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Joint meeting held on Thursday, March 24, 2016, at 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Casperson (C) and Horn Excused: Senators Pavlov, Marleau and Hopgood COMMITTEE ATTENDANCE REPORT he Subcommittee on Higher Education submitted the following: T Meeting held on Thursday, March 24, 2016, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Schuitmaker (C) and MacGregor Excused: Senator Hertel COMMITTEE ATTENDANCE REPORT he Joint Select Committee on Flint Water Public Health Emergency (SCR 24) submitted the following: T Meeting held on Tuesday, March 29, 2016, at 10:00 a.m., Grand Ballroom, Northbank Center, University of Michigan, Flint Present: Senators Stamas (C), Hune and Ananich COMMITTEE ATTENDANCE REPORT The Committee on Education submitted the following: Meeting held on Tuesday, April 12, 2016, at 9:00 a.m., Room 210, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek Scheduled Meetings Appropriations - Wednesday, April 13, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-1801) Subcommittees Corrections - Wednesday, April 13, 12:30 p.m., Room 405, Farnum Building (CANCELED) and Thursday, April 14, 12:00 noon, Room 405, Farnum Building (373-2768) Licensing and Regulatory Affairs - Wednesday, April 13, 12:00 noon and Thursday, April 14, 1:00 p.m., (CANCELED) Room 100, Farnum Building (373-2768) State Police and Military Affairs - Tuesday, May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Families, Seniors and Human Services - Wednesday, April 13, 3:00 p.m., Room 210, Farnum Building (373-5323) Judiciary - Wednesday, April 13, 4:00 p.m., Room 110, Farnum Building (373-1721) No. 33] [April 12, 2016] JOURNAL OF THE SENATE 481 State Drug Treatment Court Advisory Committee - Tuesday, April 19, 10:00 a.m., Legislative Council Confer­ence Room, 3rd Floor, Boji Tower (373-0212) Veterans, Military Affairs and Homeland Security - Thursday, April 14, 2:00 p.m., Room 110, Farnum Building (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:58 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, April 13, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 482 No. 34 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Wednesday, April 13, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—excused Johnson—excused Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 484 JOURNAL OF THE SENATE [April 13, 2016] [No. 34 Pastor Grant Agler of Life Bridge Church of Taylor offered the following invocation: Our Father in heaven, we recognize Your power and Your authority here on this earth. God, we recognize Your presence here in this room. We invite Your wisdom and guidance. If any person lacks wisdom, You would give it to them generously without finding any fault. Today we pray for that wisdom. We humble ourselves before Your mighty hand and ask for that wisdom. We pray for it in Jesus’ name. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Marleau, Ananich and Green entered the Senate Chamber. enator Kowall moved that Senators Hansen, Schmidt, Shirkey and Knollenberg be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senator Brandenburg be excused from today’s session. S The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Johnson be excused from today’s session. S The motion prevailed. Senators Shirkey, Schmidt and Hansen entered the Senate Chamber. The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, April 12: House Bill Nos. 4984 5119 5283 The Secretary announced that the following bills and joint resolution were printed and filed on Tuesday, April 12, and are available at the Michigan Legislature website: Senate Bill Nos. 871 872 873 874 875 876 877 House Bill Nos. 5530 5531 5532 5533 5534 5535 5536 5537 5538 5539 5540 5541 5542 5543 5544 House Joint Resolution GG Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:05 a.m. 11:39 a.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. During the recess, Senators Young and Knollenberg entered the Senate Chamber. Messages from the Governor The following messages from the Governor were received: Date: April 12, 2016 Time: 8:18 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 729 (Public Act No. 77), being An act to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 11 (MCL 46.11), as amended by 2015 PA 236. (Filed with the Secretary of State on April 12, 2016, at 3:22 p.m.) No. 34] [April 13, 2016] JOURNAL OF THE SENATE 485 Date: April 12, 2016 Time: 8:20 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 171 (Public Act No. 78), being An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” by amending section 7d (MCL 211.7d), as amended by 2012 PA 66. (Filed with the Secretary of State on April 12, 2016, at 3:24 p.m.) Date: April 12, 2016 Time: 8:22 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 667 (Public Act No. 81), being An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide proce­ dures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 609 (MCL 436.1609), as amended by 2014 PA 353, and by adding sections 609a and 609b. (Filed with the Secretary of State on April 12, 2016, at 3:30 p.m.) Date: April 12, 2016 Time: 8:24 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 502 (Public Act No. 80), being An act to amend 1984 PA 323, entitled “An act to prohibit fraud in the obtaining of benefits or payments in connection with health care coverage and insurance; to prohibit kickbacks or bribes in connection with such coverage and insurance; to prohibit conspiracies in obtaining benefits or payments; to provide for certain powers and duties of certain state and local officers and agencies; to provide for and preclude certain civil actions; and to prescribe penalties,” by amending section 4a (MCL 752.1004a), as added by 2004 PA 411. (Filed with the Secretary of State on April 12, 2016, at 3:28 p.m.) Date: April 12, 2016 Time: 8:26 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 366 (Public Act No. 79), being An act to regulate the solicitation of certain deeds; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies. (Filed with the Secretary of State on April 12, 2016, at 3:26 p.m.) 486 JOURNAL OF THE SENATE [April 13, 2016] [No. 34 Date: April 12, 2016 Time: 8:28 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 582 (Public Act No. 82), being An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” by amending sections 87b and 87c (MCL 211.87b and 211.87c), section 87b as amended by 2014 PA 126 and section 87c as amended by 2012 PA 431, and by adding section 87f. (Filed with the Secretary of State on April 12, 2016, at 3:32 p.m.) Date: April 12, 2016 Time: 8:30 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 583 (Public Act No. 83), being An act to amend 1933 PA 94, entitled “An act to authorize public corporations to purchase, acquire, construct, improve, enlarge, extend, or repair public improvements within or without their corporate limits, and to own, operate, and maintain the same; to authorize the condemnation of property for such public improvements; to provide for the imposition and collection of charges, fees, rentals, or rates for the services, facilities, and commodities furnished by such public improve­ ments; to provide for the issuance of bonds and refunding bonds payable from the revenues of public improvements; to provide for a pledge by public corporations of their full faith and credit and the levy of taxes without limitation as to rate or amount to the extent necessary for the payment of the bonds, or for advancing money from general funds for payment of bonds; to provide for payment, retirement, and security of such bonds; to provide for the imposition of special assessment bonds for the purpose of refunding outstanding revenue bonds; to prescribe the powers and duties of the department of treasury and of the municipal finance commission or its successor agency relative to such bonds and relative to private activity bonds issued by a state or local governmental entity; to provide for other matters in respect to such public improvements and bonds and to validate action taken and bonds issued; and to prescribe penalties and provide remedies,” by amending the title and section 3 (MCL 141.103), the title as amended by 1998 PA 196 and section 3 as amended by 2002 PA 465, and by adding sections 7b, 21a, 22a, and 24a. (Filed with the Secretary of State on April 12, 2016, at 3:34 p.m.) Respectfully, Rick Snyder Governor The following message from the Governor was received on April 12, 2016, and read: PROCLAMATION Request for Extension of Declaration of Emergency WHEREAS, on April 25, 2014, the water source in the City of Flint, Michigan, was switched from the Detroit water system to the Flint River. The switch to the new water source resulted in impacts to Flint’s water system, particularly in areas with lead service lines or lead plumbing and fixtures in private residences. In these areas, lead leached into the water potentially exposing residents to negative health impacts; and WHEREAS, from October 1, 2015, to this date, the County of Genesee, City of Flint, the State of Michigan, and the Federal Emergency Management Agency have taken numerous actions to cope with the situation, including but not limited to, switching back to the Detroit water system on October 16th, declaring states of emergency, activating the emergency response and recovery aspects of their emergency operations plans, marshaling and distributing required resources on a city-wide level, and issuing emergency public information and bulletins; and No. 34] [April 13, 2016] JOURNAL OF THE SENATE 487 WHEREAS, it is in the best interest of the state of Michigan to continue to provide resources within the city, and take appropriate measures in response to the public health emergency, to ensure that resources remain sufficient to protect public health, safety and property, and to lessen or avert the threat of more severe and long lasting impacts to the community; NOW, THEREFORE, I, RICHARD D. SNYDER, Governor of the state of Michigan, pursuant to the Constitution of the state of Michigan and the provisions of Act No. 390 of the Public Acts of 1976, as amended, do hereby request the legislature extend the state of emergency proclaimed on January 5, 2016, and previously extended through April 14, 2016, for an additional 122 days, through August 14, 2016, in the County of Genesee and the City of Flint. This additional 122-day extension coincides with the extension of the Presidential Emergency Declaration through August 14, 2016. Given under my hand and the Great Seal of the state of [SEAL] Michigan this 12th day of April in the year of our Lord, Two Thousand and Sixteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The message was referred to the Secretary for record. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. enate Resolution No. 146. S A resolution to urge Michigan communities to pursue innovative policies that promote economic development by attracting young STEAM professionals to work in financially distressed communities. The question being on the adoption of the resolution, The resolution was adopted. enator Green offered the following resolution: S Senate Resolution No. 160. A resolution to proclaim October 2-8, 2016, as Lions Week. Whereas, There are over 12,000 Lions members, both men and women, in more than 500 clubs throughout Michigan. Around the world, their 46,000 clubs and 1.4 million members make them the world’s largest service club organization; and Whereas, In 1925, Helen Keller addressed the Lions Clubs International Convention in Cedar Point, Ohio, and chal­ lenged Lions to become “knights of the blind in the crusade against darkness.” Since then, they have worked tirelessly to aid the blind and visually impaired and have earned high marks for both integrity and transparency throughout their 99-year history; and Whereas, Lions meet the needs of local communities and the world. The 1.4 million members of their volunteer organization in 210 countries and geographic areas are different in many ways, but share a core belief—community is what we make it; and Whereas, In Michigan, Lions Clubs perform a huge variety of services to their communities, such as providing eyeglasses and hearing aids to those who cannot afford them; hosting holiday parties for underprivileged kids; underwriting food giveaways; assisting in sending kids to camp; maintaining parks; visiting seniors; supporting organ donation drives; vision testing for young children; and many more; and Whereas, All Michigan Lions Clubs come together to support four state projects: Leader Dogs for the Blind, Michigan Eye Bank, Bear Lake Camp, and Lions of Michigan Foundation, which help fund endeavors such as disaster relief in the United States and abroad; now, therefore, be it Resolved by the Senate, That we hereby proclaim October 2-8, 2016, as Lions Week in the state of Michigan. May Lions Clubs throughout Michigan reaffirm their member-service mission: “To empower volunteers to serve their communities, meet humanitarian needs, encourage peace and promote international understanding through Lions clubs”; and be it further 488 JOURNAL OF THE SENATE [April 13, 2016] [No. 34 Resolved, That copies of this resolution be transmitted to the Lions of Michigan Council of Governors and the Lions of Michigan State Office as a reflection of our esteem. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Hertel, Knollenberg, Kowall, MacGregor, Marleau, O’Brien, Proos, Rocca, Schuitmaker and Zorn were named co‑sponsors of the resolution. enator Schuitmaker offered the following resolution: S Senate Resolution No. 161. A resolution to commemorate the week of April 10-16, 2016, as Crime Victims’ Rights Week. Whereas, With the implementation of the Crime Victim’s Rights Act in 1985 and the passage of a constitutional amend­ ment in 1988, the state of Michigan has adopted some of the nation’s most comprehensive laws to protect the rights of crime victims; and Whereas, Crime victims possess the right to be treated with fairness and respect for their dignity and privacy throughout the criminal justice process. All of us must do what we can to adhere not only to the crime victim’s rights laws, but to the spirit of those laws as well. Let us acknowledge that just as government must be open to its citizens, so our system of justice must be open to victims of crime; and Whereas, Though Michigan continues to make strides in reducing the crime rate, there are still far too many victims of crime. Michigan families reported thousands of new victims of crime last year, and research consistently indicates that less than half of all crimes are reported. The most recent National Intimate Partner and Sexual Violence Survey results have estimated that today in Michigan, there are over 1 million survivors of sexual assault; and Whereas, The millions of Michigan citizens who have suffered a violation of their person, property, or trust deserve to be treated with dignity and respect by our criminal and juvenile justice systems and by society at-large; and Whereas, The national theme for 2016 is “Serving Victims, Building Trust, Restoring Hope” Let us focus on the importance of early intervention and victim services in establishing trust with victims, which, in turn, begins to restore their hope for healing and recovery; and Whereas, The victim services community has worked diligently for decades to create an environment for victims that is safe, supportive, and effective; and Whereas, Intervening early with services that support and empower victims provides a pathway to recovery from crime and abuse; and Whereas, Serving victims and rebuilding their trust restores hope to victims and survivors, as well as their communities; and Whereas, National Crime Victims’ Rights Week, April 10-16, 2016, is an opportune time to commit to ensuring that all victims of crime are offered accessible and appropriate services in the aftermath of crime; now, therefore, be it Resolved by the Senate, That we hereby commemorate the week of April 10-16, 2016, as Crime Victims’ Rights Week in the state of Michigan and express our support of their rights with a vigil on April 13, 2016, at the State Capitol; and be it further Resolved, That we reaffirm this state’s commitment to protecting the rights of crime victims and addressing their needs. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Colbeck, Hertel, Hood, Horn, Knollenberg, Kowall, MacGregor, Marleau, O’Brien, Proos, Rocca, Warren and Zorn were named co‑sponsors of the resolution. Senator Schuitmaker asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Schuitmaker’s statement is as follows: I rise today in support of Senate Resolution No. 161 which recognizes this week as Crime Victims’ Rights Week in Michigan. Across the country, this week is designated as a week to remember the victims of crime. Michigan families report thousands of new victims of crime each year, and research consistently indicates that less than half of all crimes are reported. We recognize that our response to crime victims plays an important role in the efforts to rebuild their lives following their experience. Too often, crime victims are relegated to a footnote in a new report, and their stories are never heard. We owe them more. These are innocent people, just like you and I, who happen to be in the wrong place at the wrong time, and, through no fault of their own, have had their lives changed forever. We owe it to them to see that their voices are heard. No. 34] [April 13, 2016] JOURNAL OF THE SENATE 489 In addition to this resolution, tonight is the annual Crime Victims Vigil here in the Capitol, co-hosted by Attorney Gen­ eral Bill Schuette, Senator Bieda, and myself. This will be an occasion to honor and remember victims, to support the loved ones of victims, and to support the loved ones of victims who are no longer with us. There is strength and peace that comes from shared experiences, and we hope that tonight will provide an opportunity for victims to come together. You are all welcome to join us in the rotunda at 6:00 tonight. Victims deserve to be heard and remembered, and I ask that my colleagues support this resolution to give a voice to those who are so often forgotten. enator Meekhof offered the following concurrent resolution: S Senate Concurrent Resolution No. 28. A concurrent resolution to approve an extension of the state of emergency in the county of Genesee and the city of Flint. Whereas, Since October 1, 2015, the county of Genesee, the city of Flint, the state of Michigan, and the Federal Emer­ gency Management Agency have taken numerous actions to cope with the drinking water situation in the county of Genesee and the city of Flint, including but not limited to, switching back to the Detroit water system on October 16, declaring states of emergency, activating the emergency response and recovery aspects of their emergency operations plans, marshaling and distributing required resources on a city-wide level, and issuing emergency public information and bulletins; and Whereas, The legislature previously adopted Senate Concurrent Resolution No. 23 to extend the state of emergency in the county of Genesee and the city of Flint declared by Governor Snyder on January 5, 2016, through April 14, 2016; and Whereas, It is in the best interest of the state of Michigan to continue to provide resources within the city, and take appro­ priate measures in response to the public health emergency, to ensure that resources remain sufficient to protect public health, safety, and property, and to lessen or avert the threat of more severe and long-lasting impacts to the community; and Whereas, Pursuant to the Constitution of the State of Michigan of 1963 and section 3 of the Emergency Management Act, 1976 PA 390, MCL 30.403, Governor Snyder requested on April 12, 2016, that the legislature approve a further extension of the state of emergency through August 14, 2016. This additional 122-day extension coincides with the extension of the Presidential Emergency Declaration; now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That we approve Governor Snyder’s request for an extension of the state of emergency in the county of Genesee and the city of Flint declared on January 5, 2016, and previously extended through April 14, 2016, for an additional 122 days; and be it further Resolved, That copies of this resolution be transmitted to the Governor. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Opera­ tions, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The concurrent resolution was adopted. Senators Bieda, Colbeck, Hertel, Knollenberg, Kowall, MacGregor, O’Brien, Rocca and Zorn were named co‑sponsors of the concurrent resolution. ouse Concurrent Resolution No. 22. H A concurrent resolution to urge the United States Congress to enact legislation that will enhance hunting, fishing, recrea­ tional shooting, and other outdoor recreational opportunities for sportsmen and women nationwide. Whereas, Conservation in the United States is funded primarily by sportsmen and women. This American System of Conservation Funding is a user pays – public benefits approach that includes excise taxes on hunting, fishing, and boating equipment. This strategy is widely recognized as the most successful model of fish and wildlife management funding in the world; and Whereas, Through the pursuit of their outdoor passions, sportsmen and women support hundreds of thousands of jobs and contribute billions to our economy annually through salaries, wages, and product purchases; and Whereas, Currently pending legislation in the U.S. Senate would create or renew several important programs that are vital to the continued conservation of our natural resources, the health of America’s local economies, and the enhancement and protection of our time-honored outdoor pastimes. Senate Bill 659, the Bipartisan Sportsmen’s Act of 2015, pulls together fourteen separate programs that impact sportsmen. The bill will advance the cause of making public lands more accessible for multiple recreational uses including hunting and fishing; and Whereas, The bill will renew several important programs, including reauthorization of the federal Land Transaction Facilitation Act, the North American Wetlands Conservation Act, and the National Fish and Wildlife Foundation. The reauthorization of these programs as well as the creation of new programs will enhance opportunities for outdoor recreation enthusiasts, improve access to public lands, and help boost the outdoor recreation economy. Conserving our fish and wildlife resources and their habitats, and ensuring that future generations have access to public lands and continued recreational opportunities protects our hunting, shooting, and conservation heritage for generations to come; now, therefore, be it 490 JOURNAL OF THE SENATE [April 13, 2016] [No. 34 Resolved by the House of Representatives (the Senate concurring), That we urge the United States Congress to enact legislation that will enhance hunting, fishing, recreational shooting, and other outdoor recreational opportunities for sportsmen and women nationwide; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. The House of Representatives has adopted the concurrent resolution. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Opera­ tions, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the concurrent resolution, Senator Kowall moved that the concurrent resolution be referred to the Committee on Outdoor Recreation and Tourism. The motion prevailed. Senators Knollenberg, MacGregor, Marleau, O’Brien, Proos, Rocca and Zorn were named co‑sponsors of the concurrent resolution. enate Concurrent Resolution No. 27. S A concurrent resolution prescribing the legislative schedule. (For text of resolution, see Senate Journal No. 32, p. 451.) The House of Representatives has adopted the concurrent resolution. The concurrent resolution was referred to the Secretary for record. The President pro tempore, Senator Schuitmaker, assumed the Chair. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator O’Brien as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4477, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 227 and 316 (MCL 600.227 and 600.316). House Bill No. 4479, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 81 (MCL 750.81), as amended by 2012 PA 366. House Bill No. 4788, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2012 PA 365. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4476, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 1035. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. No. 34] [April 13, 2016] JOURNAL OF THE SENATE 491 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4478, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2950 (MCL 600.2950), as amended by 2001 PA 200. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4480, entitled A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending section 3 (MCL 722.23), as amended by 1993 PA 259. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4481, entitled A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending sections 5 and 7a (MCL 722.25 and 722.27a), section 5 as amended by 1993 PA 259 and section 7a as amended by 2015 PA 50. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the following bill be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 818 The motion prevailed. The following bill was read a third time: Senate Bill No. 818, entitled A bill to amend 1943 PA 148, entitled “Proprietary schools act,” by amending section 1a (MCL 395.101a), as amended by 2009 PA 212. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 166 Ananich Bieda Booher Casperson Colbeck Emmons Green Gregory Hansen Yeas—35 Hertel Kowall Rocca Hildenbrand MacGregor Schmidt Hood Marleau Schuitmaker Hopgood Meekhof Shirkey Horn Nofs Stamas Hune O’Brien Warren Jones Pavlov Young Knezek Proos Zorn Knollenberg Robertson Nays—0 492 JOURNAL OF THE SENATE [April 13, 2016] [No. 34 Excused—2 Brandenburg Johnson Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator Shirkey introduced Senate Bill No. 878, entitled A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 405 (MCL 484.1405), as amended by 2011 PA 271. The bill was read a first and second time by title and referred to the Committee on Commerce. Senator Shirkey introduced Senate Bill No. 879, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 1h and 1i (MCL 247.651h and 247.651i), section 1h as amended by 2008 PA 501 and section 1i as added by 2001 PA 259. The bill was read a first and second time by title and referred to the Committee on Transportation. Senators Jones, Bieda, Knollenberg, Knezek and Hood introduced Senate Bill No. 880, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 32517. The bill was read a first and second time by title and referred to the Committee on Energy and Technology. No. 34] [April 13, 2016] JOURNAL OF THE SENATE 493 Senators Nofs and Zorn introduced Senate Bill No. 881, entitled A bill to authorize the department of technology, management, and budget to convey parcels of state-owned property in Baraga, Bay, Calhoun, Gratiot, Lenawee, Manistee, and Van Buren Counties; to prescribe conditions for the conveyances; to provide for powers and duties of state departments, agencies, and officers in regard to the property; and to provide for disposition of revenue derived from the conveyances. The bill was read a first and second time by title and referred to the Committee on Local Government. Senator Hune introduced Senate Bill No. 882, entitled A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” (MCL 722.21 to 722.31) by adding section 7d. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. House Bill No. 4984, entitled A bill to amend 2003 PA 260, entitled “Tax reverted clean title act,” by amending section 5 (MCL 211.1025), as amended by 2012 PA 222. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. House Bill No. 5119, entitled A bill to amend 1978 PA 389, entitled “An act to provide for the prevention and treatment of domestic violence; to develop and establish policies, procedures, and standards for providing domestic violence assistance programs and services; to create a domestic violence prevention and treatment board and prescribe its powers and duties; to establish a domestic violence prevention and treatment fund and provide for its use; to prescribe powers and duties of the family independence agency; to prescribe immunities and liabilities of certain persons and officials; and to prescribe penalties for violations of this act,” by amending the title and section 1 (MCL 400.1501), the title as amended by 2001 PA 192 and section 1 as amended by 2000 PA 84. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. House Bill No. 5283, entitled A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending sections 2 and 36 (MCL 567.222 and 567.256), section 2 as amended by 2015 PA 242, and by adding section 36a. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. Committee Reports The Committee on Local Government reported Senate Bill No. 844, entitled A bill to authorize the state administrative board to convey state-owned property in Ingham County; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Proos, Rocca and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Local Government reported House Bill No. 5278, entitled A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sections 306 and 307 (MCL 280.306 and 280.307). 494 JOURNAL OF THE SENATE [April 13, 2016] [No. 34 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Proos, Rocca and Young Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, April 12, 2016, at 12:30 p.m., Room 100, Farnum Building Present: Senators Zorn (C), Proos, Rocca and Young Excused: Senator Brandenburg The Committee on Education reported Senate Bill No. 754, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 626, 684, 1230d, 1277, 1288, 1310a, 1525, 1535a, 1539b, 1711, and 1751 (MCL 380.626, 380.684, 380.1230d, 380.1277, 380.1288, 380.1310a, 380.1525, 380.1535a, 380.1539b, 380.1711, and 380.1751), section 684 as amended by 2007 PA 45, sections 1230d, 1535a, and 1539b as amended by 2006 PA 680, section 1277 as amended by 1997 PA 179, section 1310a as amended by 2000 PA 230, section 1525 as amended by 2004 PA 596, and sections 1711 and 1751 as amended by 2008 PA 1; and to repeal acts and parts of acts. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Education reported Senate Bill No. 755, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 13, 18, 19, 51a, and 58 (MCL 388.1613, 388.1618, 388.1619, 388.1651a, and 388.1658), section 13 as amended by 2004 PA 351, section 18 as amended by 2015 PA 114, section 19 as amended by 2014 PA 196, section 51a as amended by 2015 PA 85, and section 58 as amended by 1997 PA 93. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Education reported Senate Bill No. 756, entitled A bill to repeal 1982 PA 26, entitled “An act to provide for emergency financial assistance for certain school districts; to prescribe certain powers and duties of intermediate school boards, local school boards, the state board of education, the state treasurer, and the auditor general; to create an emergency loan revolving fund; to make an appropriation; and to prescribe penalties,” (MCL 388.811 to 388.829). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson No. 34] [April 13, 2016] JOURNAL OF THE SENATE 495 To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Education reported Senate Bill No. 757, entitled A bill to repeal 1962 PA 198, entitled “An act to authorize the state board of control for vocational education to accept federal funds with which to establish a program to alleviate conditions of persistent unemployment and underemployment in certain economically distressed areas,” (MCL 395.71 to 395.73). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Education reported Senate Bill No. 758, entitled A bill to repeal 1964 PA 28, entitled “An act to transfer the powers, duties and functions of the state board of control for vocational education to the state board of education,” (MCL 395.21). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Education reported Senate Bill No. 759, entitled A bill to repeal 1931 PA 205, entitled “An act to require the teaching of civics and political science in high schools, county normals and colleges, to prohibit the granting of diplomas, and degrees to students not successfully completing said courses, and to provide penalties for the violation thereof,” (MCL 388.372). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Education reported Senate Bill No. 760, entitled A bill to repeal 1966 PA 156, entitled “An act to provide state scholarships for students in the field of special education; and to make an appropriation therefor,” (MCL 388.1051 to 388.1055). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson 496 JOURNAL OF THE SENATE [April 13, 2016] [No. 34 To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Education reported Senate Bill No. 761, entitled A bill to repeal 1974 PA 299, entitled “Education for the gifted and/or academically talented act,” (MCL 388.1091 to 388.1094). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Education reported Senate Bill No. 762, entitled A bill to repeal 1964 PA 238, entitled “An act to authorize the state of Michigan, boards of supervisors, local governing boards and school districts to appropriate moneys to foster and maintain demonstration educational and work experience programs through a special job upgrading program for unemployed, out of work, school dropouts; define the powers and duties of the superintendent of public instruction; and to provide for appropriations,” (MCL 395.171 to 395.175). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Education reported Senate Bill No. 763, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 51a and 58 (MCL 388.1651a and 388.1658), section 51a as amended by 2015 PA 85 and section 58 as amended by 1997 PA 93. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Education reported Senate Bill No. 764, entitled A bill to repeal 1919 PA 149, entitled “An act to accept the requirements and benefits of an act of the sixty-fourth congress of the United States, approved February 23, 1917, known as the Smith-Hughes act, or Public Act No. 347, relating to appropriations to be made by the federal government to the several states for the support and control of instruction in agriculture, the trades, industries, and home economics, and for the preparation of teachers of vocational subjects; to designate a state board of control for vocational education; to provide for the proper custody and administration of funds received by the state from such appropriations; and to provide for appropriations by the state and by local school authorities to meet the conditions of said act of congress,” (MCL 395.1 to 395.10). No. 34] [April 13, 2016] JOURNAL OF THE SENATE 497 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Education reported Senate Bill No. 765, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 684 (MCL 380.684), as amended by 2007 PA 45; and to repeal acts and parts of acts. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Education reported Senate Bill No. 766, entitled A bill to amend 1964 PA 287, entitled “An act to provide for the organization and functions of the state boards of education under the constitutions of 1908 and 1963; to provide for the appointment and functions of the superintendent of public instruction under the constitution of 1963; and to repeal certain acts and parts of acts,” by amending section 8b (MCL 388.1008b). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on 767 reported Senate Bill No. 767, entitled A bill to repeal 1964 PA 44, entitled “An act to authorize the state board of control for vocational education to accept federal funds as provided under the provisions of federal law,” (MCL 395.31 to 395.34). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, April 12, 2016, at 12:11 p.m., Room 110, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek 498 JOURNAL OF THE SENATE [April 13, 2016] [No. 34 COMMITTEE ATTENDANCE REPORT he Joint Select Committee on Flint Water Public Health Emergency (SCR 24) submitted the following: T Meeting held on Tuesday, April 12, 2016, at 8:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Stamas (C), Hune and Ananich COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Tuesday, April 12, 2016, at 12:30 p.m., Rooms 402 and 403, Capitol Building Present: Senators Shirkey (C), O’Brien, Marleau, Jones, Robertson, Hertel, Knezek and Hopgood Excused: Senators Hune and Stamas COMMITTEE ATTENDANCE REPORT he Subcommittee on Health and Human Services submitted the following: T Meeting held on Tuesday, April 12, 2016, at 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Marleau (C), MacGregor, Proos, Shirkey, Hansen, Gregory and Hertel COMMITTEE ATTENDANCE REPORT he Subcommittee on General Government submitted the following: T Meeting held on Tuesday, April 12, 2016, at 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Stamas (C), Nofs, Booher and Young Scheduled Meetings Agriculture - Thursday, April 14, 9:00 a.m., Room 110, Farnum Building (373-5323) Appropriations - Thursday, April 14, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-1801) Subcommittees Corrections - Thursday, April 14, 12:00 noon, Room 405, Farnum Building (373-2768) Licensing and Regulatory Affairs - Thursday, April 14, 1:00 p.m., Room 100, Farnum Building (373-2768) (CANCELED) State Police and Military Affairs - Tuesday, May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Education - Tuesday, April 19, 8:30 a.m. and 12:00 noon, Room 110, Farnum Building (373-5314) State Drug Treatment Court Advisory Committee - Tuesday, April 19, 10:00 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212) Veterans, Military Affairs and Homeland Security - Thursday, April 14, 2:00 p.m., Room 110, Farnum Building (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:58 a.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, April 14, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 35 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Thursday, April 14, 2016. 10:00 a.m. The Senate was called to order by the Assistant President pro tempore, Senator Margaret E. O’Brien. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—present Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 500 JOURNAL OF THE SENATE [April 14, 2016] [No. 35 Dr.  Douglas Jackson of Community Baptist Church of Saginaw offered the following invocation: Heavenly Father, we are so thankful for the freedom we enjoy in the United States of America. Father, we are thankful for the great state of Michigan. Heavenly Father, I pray that You would continue to be with the Senate. I pray, Father, that You would bless them. Thank You for these Senators and their staffs. Father, I pray that You would give them the character, the wisdom, and the forbearance that they need as they serve the people of Michigan. I pray now, Father, that You would help them this day as they are involved in many different issues. Give them a good day where they find common ground as they discuss and debate. As they vote on different issues, strengthen them, heavenly Father. I thank You for them. I pray that You would bless their families, protect them, and Father, I pray that You would encourage their hearts as they serve in Jesus’ name. Amen. The Assistant President pro tempore, Senator O’Brien, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Emmons, Green and Schmidt entered the Senate Chamber. Senator Kowall moved that Senators Casperson, Hansen, Pavlov and Robertson be temporarily excused from today’s session. The motion prevailed. enator Hood moved that Senator Ananich be temporarily excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Meekhof and Warren admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. Senators Hansen, Ananich, Casperson and Pavlov entered the Senate Chamber. Senator Meekhof asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Meekhof’s statement is as follows: As we work diligently to serve our constituents, we have many people who work with us and for us and for the people of the state of Michigan. One of these people is Leta Howard. She will be leaving us as she is retiring, so it is my oppor­ tunity to honor her today. We all appreciate the staffs we have, but I want to pay special attention to this retirement. I will read just a little of a Special Tribute for her: “LET IT BE KNOWN, It is with great pleasure that we extend our highest praise to Mrs. Leta Howard in acknowl­ edgment of the excellent job she has done during her 20-year career in the Michigan Senate. A caring and concerned employee, Leta exemplifies a truly selfless spirit. Her experience, enthusiasm, and dedication to the Michigan Senate will be greatly missed following her retirement. A native of Jackson, Mrs. Howard began her career in the Michigan Senate many years ago as an intern to former Senator Phil Hoffman. Her outstanding work ethic led to a full-time position with Senator Hoffman’s office. From there, Leta took her legislative expertise to the office of former Senator Bev Hammerstrom and then to the office of former Senator Alan Sanborn, until she was ultimately brought into the Senate Committee Clerks’ office by former Senate Majority Leader Randy Richardville. Although elections had a way of moving her from office to office, Leta has stayed with the Michigan Senate for over two decades. Her unyielding commitment, dedication, and positive attitude will be greatly missed around the Capitol. Mrs. Howard’s retirement provides a wonderful opportunity to recognize a selfless individual whose countless efforts have made a positive difference in the Michigan Senate. An exemplary staffer for over 20 years, Leta has helped calm many agitated colleagues and constituents with her patience, kind words, or delicious homemade baked goods. This is a most appropriate time for us to acknowledge Leta’s many contributions and to let her know of our deep sadness that we will no longer be the happy recipients of Caramel-Leta’s. No. 35] [April 14, 2016] JOURNAL OF THE SENATE 501 Retirement will open a new chapter in Mrs. Howard’s life, as she and her husband Dave plan to head South and enjoy the warmer winters the sunny state of Florida has to offer. Surrounded by palm trees, pools, and golf carts, the Howards will be living the dream at the Villages. While Florida has much to offer, their summers will be filled with frequent visits back to Michigan to enjoy friends and family at the cabin in Wellston. IN SPECIAL TRIBUTE, Therefore, this document is signed and dedicated to commend and congratulate Mrs. Leta Howard for her exceptional career with the Michigan Senate. May Leta and her family know of our sincerest appreciation and admiration as we send her South with our warmest wishes for happiness on her retirement.” The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, April 13: House Bill Nos. 4580 5464 The Secretary announced that the following bills were printed and filed on Wednesday, April 13, and are available at the Michigan Legislature website: Senate Bill Nos. 878 879 880 881 882 House Bill Nos. 5545 5546 5547 5548 5549 5550 5551 5552 5553 5554 5555 5556 5557 5558 5559 Messages from the Governor Senator Robertson entered the Senate Chamber. The following messages from the Governor were received and read: March 30, 2016 I respectfully submit to the Senate the following appointments to office: Chair - 21st Century Infrastructure Commission Evan Weiner of 27235 Ovid Court, Franklin, Michigan 48025, county of Oakland, is appointed for a term expiring at the pleasure of the Governor. 2 1st Century Infrastructure Commission Janice Beecher of 5555 Star Flower Drive, Haslett, Michigan 48840, county of Ingham, is appointed for a term expiring at the pleasure of the Governor. Roger Blake of 1197 Harvard Drive, Berkley, Michigan 48072, county of Oakland, is appointed for a term expiring at the pleasure of the Governor. Robert J. Daddow of 5875 Wellwood Drive, Rochester, Michigan 48306, county of Oakland, is appointed for a term expiring at the pleasure of the Governor. Eric R. DeLong of 27 Library Street, N.E., #402, Grand Rapids, Michigan 49503, county of Kent, is appointed for a term expiring at the pleasure of the Governor. Carl L. English of 32425 Bingham Road, Bingham Farms, Michigan 48025, county of Oakland, is appointed for a term expiring at the pleasure of the Governor. Sue Foune of P.O. Box 35682, 52nd Avenue, Paw Paw, Michigan 49079, county of Van Buren, is appointed for a term expiring at the pleasure of the Governor. Joi Harris of 6357 Charles Drive, West Bloomfield, Michigan 48322, county of Oakland, is appointed for a term expiring at the pleasure of the Governor. Robert G. Leach of 2913 Parkview Drive, Marquette, Michigan 49855, county of Marquette, is appointed for a term expiring at the pleasure of the Governor. Michael A. Nystrom of 634 Applegate Lane, East Lansing, Michigan 48823, county of Ingham, is appointed for a term expiring at the pleasure of the Governor. Evan Pratt of 1626 Harbal Drive, Ann Arbor, Michigan 48105, county of Washtenaw, is appointed for a term expiring at the pleasure of the Governor. Albert D. Rothwell of 5527 Great Hawk Circle, Ann Arbor, Michigan 48105, county of Washtenaw, is appointed for a term expiring at the pleasure of the Governor. Brian Steglitz of 400 Mark Hannah Place, Ann Arbor, Michigan 48103, county of Washtenaw, is appointed for a term expiring at the pleasure of the Governor. 502 JOURNAL OF THE SENATE [April 14, 2016] [No. 35 Helen J. Taylor of 4621 Ottawa Lane, Okemos, Michigan 48864, county of Ingham, is appointed for a term expiring at the pleasure of the Governor. Louis J. Taylor of 4631 Hamlet Drive South, Saginaw, Michigan 48603, county of Saginaw, is appointed for a term expiring at the pleasure of the Governor. Evan Weiner of 27235 Ovid Court, Franklin, Michigan 48025, county of Oakland, is appointed for a term expiring at the pleasure of the Governor. April 7, 2016 I respectfully submit to the Senate the following appointments to office: Certificate of Need Commission Denise Brooks-Williams of 19225 Parkside Street, Detroit, Michigan 48221, county of Wayne, a Democrat, representing hospitals, succeeding herself, is reappointed for a term expiring January 1, 2019. James B. Falahee of 7463 Cottage Oaks Drive, Portage, Michigan 49024, county of Kalamazoo, a Republican, representing hospitals, succeeding himself, is reappointed for a term expiring January 1, 2019. April 7, 2016 I respectfully submit to the Senate the following appointment to office: Hispanic/Latino Commission of Michigan Jeremiah Hernandez of 506 S. DeWitt Drive, DeWitt, Michigan 48820, county of Clinton, succeeding himself, is reappointed for a term expiring December 10, 2018. April 7, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Indigent Defense Commission Frank D. Eaman of 26716 York Road, Huntington Woods, Michigan 48070, county of Oakland, representing members submitted by the Criminal Defense Attorneys of Michigan, succeeding himself, is reappointed for a term expiring April 1, 2020. Brandy Y. Robinson of 4031 Fullerton Avenue, Detroit, Michigan 48238, county of Wayne, representing those whose primary mission or purpose is to advocate for minority interests, succeeding herself, is reappointed for a term expiring April 1, 2020. John A. Shea of 13787 Waterloo Road, Chelsea, Michigan 48118, county of Washtenaw, representing members submitted by the Criminal Defense Attorneys of Michigan, succeeding himself, is reappointed for a term expiring April 1, 2020. William W. Swor of 1504 Huntington Boulevard, Grosse Pointe Woods, Michigan 48236, county of Wayne, representing members submitted by the Criminal Defense Attorneys of Michigan, succeeding himself, is reappointed for a term expiring April 1, 2020. April 7, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Task Force on Physician’s Assistants Lara M. Davis of 1350 McCully Lane, Fenton, Michigan 48430, county of Genesee, representing physician’s assistants, succeeding April Adado, is appointed for a term expiring December 31, 2019. Megan Dietrich of 1507 Roseland Avenue, Royal Oak, Michigan 48073, county of Oakland, representing physician’s assistants, succeeding Joel Kutz, is appointed for a term expiring December 31, 2019. Maryam Komejan of 184 West 37th Street, Holland, Michigan 49423, county of Allegan, representing the general public, succeeding Lisa Hadden, is appointed for a term expiring December 31, 2019. April 7, 2016 I respectfully submit to the Senate the following appointments to office: Chair - Committee on the Purchase of Goods and Services from Community Rehabilitation Organizations Todd Culver of 5599 Wood Valley Drive, Haslett, Michigan 48840, county of Ingham, representing statewide nonprofit concerned with community rehabilitation organizations, succeeding himself, is reappointed for a term expiring at the pleasure of the Governor. ommittee on the Purchase of Goods and Services from Community Rehabilitation Organizations C Justin Caine of 2326 Alpha Street, Lansing, Michigan 48910, county of Ingham, representing members-at-large, succeeding himself, is reappointed for a term expiring March 31, 2018. Meelad A. Ellis of 4347 Blackberry Lane, Lansing, Michigan 48917, county of Eaton, representing members-at-large, succeeding himself, is reappointed for a term expiring March 31, 2018. No. 35] [April 14, 2016] JOURNAL OF THE SENATE 503 Karsten K. Bekemeier of 2399 Kings Cross, East Lansing, Michigan 48823, county of Ingham, representing the Michigan Rehabilitation Services, succeeding himself, is reappointed for a term expiring March 31, 2018. Genevieve Hayes of 1923 Bonnieview Drive, Royal Oak, Michigan 48073, county of Oakland, representing purchasing division of the department, succeeding herself, is reappointed for a term expiring March 31, 2018. Todd Culver of 5599 Wood Valley Drive, Haslett, Michigan 48840, county of Ingham, representing statewide nonprofit concerned with community rehabilitation organizations, succeeding himself, is reappointed for a term expiring March 31, 2018. April 7, 2016 I respectfully submit to the Senate the following appointment to office: State of Michigan Retirement Board David H. Sawyer of 821 Pinecrest Avenue, S.E., Grand Rapids, Michigan 49506, county of Kent, representing one member or retiree of the Judges’ Retirement System, succeeding Diane D’Agostini, is appointed for a term expiring December 31, 2017. April 7, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Wildlife Council Edgar Roy of 7140 Logan Lane, Traverse City, Michigan 49686, county of Grand Traverse, representing individuals who have purchased hunting or fishing licenses in this state on a regular basis at least once during each of the last three years, suceeding Alan Taylor, is appointed for a term expiring March 31, 2020. James H. Hammill of 235 Soderena Road, Crystal Falls, Michigan 49920, county of Iron, representing individuals who have purchased hunting or fishing licenses in this state on a regular basis at least once during each of the last three years and a resident of the Upper Peninsula, suceeding himself, is reappointed for a term expiring March 31, 2020. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Stamas as Chair­ person. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4660, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3515 (MCL 500.3515), as amended by 2005 PA 306. House Bill No. 4661, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by repealing section 2477d (MCL 500.2477d). House Bill No. 4662, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by repealing section 2409c (MCL 500.2409c). House Bill No. 4663, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2213b (MCL 500.2213b), as amended by 2013 PA 5. House Bill No. 4664, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by repealing sections 2409 and 2409a (MCL 500.2409 and 500.2409a). 504 JOURNAL OF THE SENATE [April 14, 2016] [No. 35 House Bill No. 4665, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by repealing sections 2477, 2477a, 2477b, and 2477c (MCL 500.2477, 500.2477a, 500.2477b, and 500.2477c). House Bill No. 4666, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16243 (MCL 333.16243), as amended by 1993 PA 79. House Bill No. 4667, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by repealing section 2409b (MCL 500.2409b). House Bill No. 4668, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 803 (MCL 436.1803). The bills were placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 508, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 145e. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 509, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 145f. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 4476 House Bill No. 4477 House Bill No. 4478 House Bill No. 4479 House Bill No. 4480 House Bill No. 4481 House Bill No. 4788 The motion prevailed. The following bill was read a third time: House Bill No. 4476, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 1035. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 35] Roll Call No. 167 [April 14, 2016] JOURNAL OF THE SENATE 505 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4477, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 227 and 316 (MCL 600.227 and 600.316). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 168 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen 506 JOURNAL OF THE SENATE [April 14, 2016] [No. 35 Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4478, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2950 (MCL 600.2950), as amended by 2001 PA 200. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 169 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 In The Chair: O’Brien Not Voting—0 No. 35] [April 14, 2016] JOURNAL OF THE SENATE 507 The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4479, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 81 (MCL 750.81), as amended by 2012 PA 366. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 170 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”. The Senate agreed to the full title. 508 JOURNAL OF THE SENATE [April 14, 2016] [No. 35 The following bill was read a third time: House Bill No. 4480, entitled A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending section 3 (MCL 722.23), as amended by 1993 PA 259. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 171 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to declare the inherent rights of minor children; to establish rights and duties to their custody, support, and parenting time in disputed actions; to establish rights and duties to provide support for a child after the child reaches the age of majority under certain circumstances; to provide for certain procedure and appeals; and to repeal certain acts and parts of acts,”. The Senate agreed to the full title. The President, Lieutenant Governor Calley, assumed the Chair. The following bill was read a third time: House Bill No. 4481, entitled A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending sections 5 and 7a (MCL 722.25 and 722.27a), section 5 as amended by 1993 PA 259 and section 7a as amended by 2015 PA 50. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 172 Ananich Bieda Yeas—37 Hertel Knollenberg Robertson Hildenbrand Kowall Rocca No. 35] [April 14, 2016] JOURNAL OF THE SENATE 509 Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to declare the inherent rights of minor children; to establish rights and duties to their custody, support, and parenting time in disputed actions; to establish rights and duties to provide support for a child after the child reaches the age of majority under certain circumstances; to provide for certain procedure and appeals; and to repeal certain acts and parts of acts,”. The Senate agreed to the full title. The Assistant President pro tempore, Senator O’Brien, resumed the Chair. The following bill was read a third time: House Bill No. 4788, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2012 PA 365. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 173 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 510 JOURNAL OF THE SENATE [April 14, 2016] [No. 35 Excused—0 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”. The Senate agreed to the full title. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. enators Warren, Horn and Schmidt offered the following resolution: S Senate Resolution No. 162. A resolution recognizing April 17-23, 2016, as Michigan Venture Capital and Angel Investment Week. Whereas, The Great Lakes region is one of the fastest-growing venture capital investment areas in the nation, and Michigan is leading the way; and Whereas, The efforts of Michigan-based venture capital firms and national firms with offices in Michigan have caused Michigan to be among the top performers in the national venture capital and angel investing community, bucking national trends toward declining venture capital activity; and Whereas, Over the last ten years, the number of companies receiving investment from venture capital firms has grown by over 125 percent in Michigan, which is more than ten times the national average; and Whereas, The total venture capital available for new investment from firms headquartered or with an office in Michigan has increased by more than 165 percent over the past five years; and Whereas, Michigan has seen more than 75 percent growth in the total venture capital under management in the last five years, with more than $2.21 billion under management by firms headquartered in Michigan and more than $3 billion under management by national firms with an office in Michigan; and Whereas, Michigan-based venture capital firms are a conduit for bringing money from outside institutions to Michigan businesses, with more than 70 percent of money under management by Michigan-based venture capital firms coming from institutions outside of our state; and No. 35] [April 14, 2016] JOURNAL OF THE SENATE 511 Whereas, The demand for venture capital funding continues to climb, creating a need for more venture capital firms to locate here and more capital to be raised by firms already dedicated to investing in the state; and Whereas, Since the Michigan Venture Capital Association (MVCA) was founded in 2002, it has become a catalyst for build­ing a strong, diverse, and vibrant entrepreneurial and investment community in Michigan; and Whereas, The MVCA is comprised of nearly 260 venture capitalists, angel investors, economic development organizations, higher education institutions, and industry service providers, all working together to build our state’s economy; and Whereas, The efforts of Michigan-based venture capital firms will cause more start-up companies to be funded, grow, and permanently locate in Michigan; now, therefore, be it Resolved by the Senate, That we hereby recognize April 17-23, 2016, as Michigan Venture Capital and Angel Invest­ment Week, in recognition of these firms’ commitment to funding the brilliance and talent that resides in Michigan entrepreneurs and making Michigan the state where companies come to grow; and be it further Resolved, That a copy of this resolution be transmitted to the Governor of the state of Michigan. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Hansen, Kowall and Proos were named co‑sponsors of the resolution. enator Schmidt offered the following resolution: S Senate Resolution No. 163. A resolution to commemorate May 2016 as Community Action Agency Month. Whereas, Citizens with limited income continue to need opportunities to improve their lives and their living conditions, thus ensuring that all citizens are able to live in dignity; and Whereas, Michigan and the entire United States must continue to promote economic security by providing support and opportunities for all citizens in need of assistance; and Whereas, Community action agencies were established into law in 1964 under President Lyndon Johnson in effort to aid in the War on Poverty, making 2016 the fifty-second year of community action in the United States; and Whereas, The month of May has been designated by the United States Congress as National Community Action Month; and Whereas, Michigan’s 29 community action agencies are the only community-based organizations providing full wrap­ around, locally-directed services in all 83 counties in the state; and Whereas, In 2015, Michigan community action agencies served 201,864 Michigan residents by providing early childhood education, Head Start, senior services, affordable housing, food assistance, energy assistance, financial literacy classes, and job training programs, among other services; and Whereas, Additionally, 6,440 children improved their health and physical development through early childhood programs; 25,066 residents received assistance on tax preparation and refunds; 45,567 seniors maintained independent living situations; and 233,566 connections were made with other necessary assistance service providers and programs; and Whereas, Community action agencies, in cooperation with the Michigan Department of Health and Human Services, have successfully administered weatherization assistance program funds which have supported energy-efficiency improvements; and Whereas, Michigan’s community action agencies have leveraged their federal allocation of the Community Services Block Grant and other federal, state, local, and private sources of funding to foster more than $438 million in economic activity statewide in 2015; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate May 2016 as Community Action Agency Month in the state of Michigan; and be it further Resolved, That a copy of this resolution be transmitted to the Michigan Community Action Agency Association. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Hansen, Kowall, Proos and Zorn were named co‑sponsors of the resolution. enate Concurrent Resolution No. 28. S A concurrent resolution to approve an extension of the state of emergency in the county of Genesee and the city of Flint. (For text of resolution, see Senate Journal No. 34, p. 489.) The House of Representatives has adopted the concurrent resolution. The concurrent resolution was referred to the Secretary for record. 512 JOURNAL OF THE SENATE [April 14, 2016] [No. 35 By unanimous consent the Senate proceeded to the order of Statements Senator Knezek asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Knezek’s statement is as follows: You know, I’ve been the guy who’s had to run out and buy tampons for a girlfriend. Maybe some of you have been in the same position. You’re standing there at the counter at CVS with a $4.99 box of tampons and a $5.00 bill expecting to get a penny back. But instead, you end up having to search your pockets for spare change. Why? Because Michigan still subjects menstrual products to government sales and use taxes. It’s ridiculous. You’re not taxed for your prescriptions, which are medically-necessary items, but if you need menstrual products because you’re bleeding every month, you have to pay additional tax. That seems medically necessary to me. As much as we don’t like to admit it, we do live in an unequal society; one where women’s concerns and women’s health are often not given the same priority as men’s. Because Michigan’s tax code was largely created by men, tampons and other menstrual products have been classified as optional, as luxury items. I doubt you’d find one woman who’d classify having a period as a luxury. More than 50 percent of the population in Michigan depends on pads and tampons every month to live comfortably and hygienically. That’s a problem for many low-income individuals, especially those who are homeless or displaced. We don’t make it easy to get help either. Government assistance, like WIC, cannot be used to purchase feminine hygiene products. You can’t use a health savings account to expense them either. So when low-income individuals don’t have either of those options available, they’re forced to make tough choices; choices that mean going without, staying home, wearing a product for too long, or using unsanitary materials to get through their cycle. Imagine trying to manage your day at work or in school when you have your period, and you don’t have the proper products on hand. The reality is that most of us have never had to deal with it. So let’s make it easier. This may seem like a small amount of money to dwell on, but when you have to pay for these products every month for almost 40 years, those costs add up. I believe it’s time to eliminate the sales and use tax on feminine hygiene products. It’s not the full solution for Michigan women, but it’s a step in the right direction. We must remember, for many Michiganders, every penny counts. Colleagues, I encourage you to update the tax code, and end the unfair taxation on feminine hygiene products. By unanimous consent the Senate returned to the order of Introduction and Referral of Bills Senator Hildenbrand introduced Senate Bill No. 883, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding sec­ tions 360 and 360a. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Hansen introduced Senate Bill No. 884, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 109 (MCL 400.109), as amended by 2012 PA 48. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senators MacGregor, Hertel, Knollenberg and Horn introduced Senate Bill No. 885, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 545 (MCL 436.1545), as added by 2010 PA 213. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senator Casperson introduced Senate Bill No. 886, entitled A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 71, 72, 80, 87, and 115 (MCL 24.271, 24.272, 24.280, 24.287, and 24.315), section 71 as amended by 1984 PA 28, section 80 as amended by 1984 PA 196, and section 115 as amended by 1996 PA 489. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. No. 35] [April 14, 2016] JOURNAL OF THE SENATE 513 Senators Nofs and Schmidt introduced Senate Bill No. 887, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3107b (MCL 500.3107b), as amended by 2014 PA 263. The bill was read a first and second time by title and referred to the Committee on Insurance. Senators Nofs and Schmidt introduced Senate Bill No. 888, entitled A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 315 (MCL 418.315), as amended by 2014 PA 264. The bill was read a first and second time by title and referred to the Committee on Insurance. Senators Kowall, Hertel, Warren, Johnson and Knollenberg introduced Senate Bill No. 889, entitled A bill to create the lawful Internet gaming act; to require the licensing and certification of persons to engage in Internet gaming; to create the division of Internet gaming; to provide for the powers and duties of the division of Internet gaming and other state governmental officers and entities; to impose fees; to impose a tax on the conduct of Internet gaming; to create the Internet gaming fund; to prohibit certain acts in relation to applications for licenses and certification and in relation to Internet gaming and to prescribe penalties for those violations; to require the promulgation of rules; and to provide remedies. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Kowall, Hertel, Warren, Johnson and Knollenberg introduced Senate Bill No. 890, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 310c. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Booher, Horn and Zorn introduced Senate Bill No. 891, entitled A bill to amend 2008 PA 551, entitled “Uniform securities act (2002),” by amending section 202a (MCL 451.2202a), as added by 2013 PA 264. The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. Senators Booher, Horn and Zorn introduced Senate Bill No. 892, entitled A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending section 12d (MCL 38.1132d), as amended by 2014 PA 545, and by adding section 19c. The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. Senators Schmidt, Booher, Horn and Zorn introduced Senate Bill No. 893, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 4 and 623 (MCL 206.4 and 206.623), section 4 as amended by 2011 PA 38 and section 623 as amended by 2014 PA 13. The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. Senators MacGregor, Booher, Horn and Zorn introduced Senate Bill No. 894, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 30 and 623 (MCL 206.30 and 206.623), section 30 as amended by 2015 PA 161 and section 623 as amended by 2014 PA 13. The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. 514 JOURNAL OF THE SENATE [April 14, 2016] [No. 35 House Bill No. 4580, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9f (MCL 211.9f), as amended by 2015 PA 119. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. House Bill No. 5464, entitled A bill to amend 2003 PA 1, entitled “An act to provide for the audit and examination of this state and state funds; to provide for the audit and examination of the books and accounts of all branches, departments, offices, boards, commissions, agencies, authorities, and institutions of this state; to prescribe powers and duties of certain state officers and employees; to provide for access to certain records; to provide for the subpoena of witnesses and production of documents and records; to prescribe penalties; and to provide for the administration of this act,” by amending section 1 (MCL 13.101). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. Committee Reports The Committee on Judiciary reported Senate Bill No. 866, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11701, 12102, 16901, 44501, and 82101 (MCL 324.11701, 324.12102, 324.16901, 324.44501, and 324.82101), section 11701 as amended by 2005 PA 199, section 12102 as amended by 2015 PA 224, section 16901 as amended by 2014 PA 543, sec­ tion 44501 as amended by 2012 PA 294, and section 82101 as amended by 2014 PA 404. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 867, entitled A bill to amend 1996 PA 195, entitled “Police officer’s and fire fighter’s survivor tuition grant act,” by amending section 2 (MCL 390.1242), as amended by 2012 PA 470. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 868, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 2950 and 2950a (MCL 600.2950 and 600.2950a), section 2950 as amended by 2001 PA 200 and section 2950a as amended by 2010 PA 19. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson No. 35] [April 14, 2016] JOURNAL OF THE SENATE 515 To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 869, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 528a (MCL 750.528a), as amended by 2015 PA 26. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4793, entitled A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 434 (MCL 330.1434), as amended by 1995 PA 290. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Bieda Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, April 12, 2016, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca and Bieda Excused: Senator Colbeck COMMITTEE ATTENDANCE REPORT he Subcommittee on Licensing and Regulatory Affairs submitted the following: T Meeting held on Wednesday, April 13, 2016, at 12:00 noon, Room 100, Farnum Building Present: Senators Knollenberg (C), Marleau and Young COMMITTEE ATTENDANCE REPORT he Committee on Families, Seniors and Human Services submitted the following: T Meeting held on Wednesday, April 13, 2016, at 3:00 p.m., Room 210, Farnum Building Present: Senators Emmons (C), Pavlov, Jones and Casperson Excused: Senator Johnson Scheduled Meetings Appropriations Subcommittee State Police and Military Affairs - Tuesday, May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) 516 JOURNAL OF THE SENATE [April 14, 2016] [No. 35 Education - Tuesday, April 19, 8:30 a.m. and 12:00 noon, Room 110, Farnum Building (373-5314) Insurance - Wednesday, April 20, 2:00 p.m., Room 100, Farnum Building (373-5312) State Drug Treatment Court Advisory Committee - Tuesday, April 19, 10:00 a.m., Legislative Council Conference Room, 3rd Floor, Boji Tower (373-0212) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:00 a.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Tuesday, April 19, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 36 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Tuesday, April 19, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—present Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 518 JOURNAL OF THE SENATE [April 19, 2016] [No. 36 astor Christopher Thoma of Our Savior Evangelical Lutheran Church of Hartland offered the following invocation: P Almighty and most merciful God, You have made the promise by Your holy Word that You are near to all who call upon You in truth. Draw near to us this day, and give ear to those who call upon You in faith. Help us, we pray. The storm clouds of besetting sin are rolling through the stratosphere of this state and nation. There is much evil being called good and much good being called evil. We are plagued by the irreverent disregard for much that is simply and objectively true. We behold our own populace drowning in the high tide of radical individualism. Self-worship is our idolatrous trade, and arrogant contempt for Your natural law is our creed. Behold, we confess that Your perfect and holy design of male and female is being given over to the borderlands of confu­ sion. See for Yourself, O God, that we are complacent in the face of atrocity, that we have crossed over into the black waters of hell as we wittingly allow for the grinding into bits the most vulnerable—the unborn child. Regard with Your own eyes, O God, as we dehumanize these helpless ones, ever so prideful and blindly gratified by our defense of the right to choose even as the tiniest of human hearts beats toward its last in the palm of our hand. Where are You, Lord? Do You not hear us? The Christian church, Your body of the redeemed throughout this nation and world is even now being persecuted and criminalized. Here in our own cities and towns we are being forced to obey unjust laws and penalized for steadfast Christian conviction. And just beyond our nation’s borders, believers set by an unearthly courage in Jesus Christ are crucified or beheaded simply because they will not recant and trade their confession of Christ for Islam. How long, O Lord? Are we all but lost? Has the course of this state and this nation been run? Yet the Christian soul is steady, for You have declared, “Call upon me in the day of trouble and I will deliver you.” Hear our cries this day, for with You there is hope, and with You there is mercy. Do not turn us away in judgment. Remember Your promises and be gracious to us, for You are slow to anger, abounding in steadfast love. You heal the brokenhearted. You bind up their wounds. Your thoughtfulness is beyond measure, and You lift up the humble. Look upon us and heal us. Purify and enlighten us that we would not dwell in darkness and in the shadow of death, but would dwell in the righteous light of Your love given perfectly and completely through the life, death, and resurrection of Jesus Christ, Your Son, and the only way of eternal life. By this gospel, give strength to our backs and vigor in our stride. Empower and convert the hearts and minds of all who serve in this place, that any efforts found straying from what is good and true would be discovered and stripped clean from the agenda. Cause the servants here to know and to do Your will, that in wisdom they would serve faithfully in the offices entrusted to them by the citizens of this great state. Through their service, establish and ordain for this government to be called good. By and through the merits and mediation of Jesus Christ, the Lamb of God, who takes away the sin of world, do we lift our heads and go forth in confidence knowing that all we have petitioned this day, You have heard; and all that is according to Your holy will, indeed, will take root, sprout, and grow to the benefit of the citizens of the state of Michigan and to the glory of Your holy name. All of this we pray in the name of Jesus, who lives and reigns with the Father and the Holy Spirit, one God, now and forever. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senator Casperson be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. The Secretary announced that the following House bills were received in the Senate and filed on Thursday, April 14: House Bill Nos. 4695 5421 5439 The Secretary announced the enrollment printing and presentation to the Governor on Monday, April 18, for his approval the following bills: Enrolled Senate Bill No. 490 at 3:28 p.m. Enrolled Senate Bill No. 508 at 3:30 p.m. Enrolled Senate Bill No. 509 at 3:32 p.m. No. 36] [April 19, 2016] JOURNAL OF THE SENATE 519 The Secretary announced that the following bills were printed and filed on Thursday, April 14, and are available at the Michigan Legislature website: Senate Bill Nos. 883 884 885 886 887 888 889 890 891 892 893 894 House Bill Nos. 5560 5561 5562 5563 5564 5565 5566 5567 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:10 a.m. 11:08 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senators Casperson and Young entered the Senate Chamber. enator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Stamas admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved that the Committee on Government Operations be discharged from further consideration of the following bill: House Bill No. 4540, entitled A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending sections 2 and 13 (MCL 15.232 and 15.243), section 2 as amended by 1996 PA 553 and section 13 as amended by 2006 PA 482. The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders. Senator Kowall moved that the bill be referred to the Committee on Elections and Government Reform. The motion prevailed. Senator Kowall moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today: Senate Bill No. 637 The motion prevailed, a majority of the members serving voting therefor. Messages from the Governor The following message from the Governor was received: Date: April 13, 2016 Time: 3:36 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 352 (Public Act No. 85), being An act to allow for designation of a caregiver; to prescribe the duties of a designated caregiver; to enable a hospital to assist in designating a caregiver; and to prescribe the duties of state departments and agencies. (Filed with the Secretary of State on April 13, 2016, at 4:12 p.m.) Respectfully, Rick Snyder Governor The following messages from the Governor were received and read: April 7, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Apple Committee Tony R. Blattner of 4450 Byrne Avenue, Lowell, Michigan 49331, county of Kent, representing District 4, succeeding himself, is reappointed for a term expiring April 1, 2019. 520 JOURNAL OF THE SENATE [April 19, 2016] [No. 36 Arthur J. Lister, Jr., of 3030 S. Pere Marquette Highway, Ludington, Michigan 49431, county of Mason, representing District 5, succeeding himself, is reappointed for a term expiring April 1, 2019. April 7, 2016 I respectfully submit to the Senate the following appointments to office: Barrier Free Design Board Aaron Besmer of 7415 East Morgan Lane Court, S.E., Caledonia, Michigan 49316, county of Kent, representing engineers, succeeding himself, is reappointed for a term expiring October 31, 2018. Ronald R. Campbell of 983 Hammond Avenue, Flint, Michigan 48503, county of Genesee, representing architects, suc­ ceeding Roger Donaldson, is appointed for a term expiring October 31, 2017. Christopher Mackay of 28425 Peppermill Road, Farmington Hills, Michigan 48331, county of Oakland, representing those that are physically limited and may be a wheelchair user, succeeding Aaron Andres, is appointed for a term expiring October 31, 2018. Greg Pollock of 1511 Carolina Street, Midland, Michigan 48642, county of Midland, representing hearing impaired, succeeding Brett Holt, is appointed for a term expiring October 31, 2017. Jason M. Turkish of 20700 Civic Center Drive, Suite 115, Southfield, Michigan 48076, county of Oakland, representing visually impaired, succeeding Karla Hudson, is appointed for a term expiring October 31, 2017. April 7, 2016 I respectfully submit to the Senate the following appointments to office: State Construction Code Commission Michael Boss of 1588 Pinesprings Drive, N.E., Kalkaska, Michigan 49646, county of Kalkaska, representing engineers, succeeding himself, is reappointed for a term expiring January 31, 2020. Joseph E. Sucher of 5071 Hilltop Estates Drive, Clarkston, Michigan 48348, county of Oakland, representing the general public, succeeding himself, is reappointed for a term expiring January 31, 2020. Matthew Zurbrick of 973 N. Ortonville Road, Ortonville, Michigan 48009, county of Oakland, representing the general public, succeeding Sean O’Neil, is appointed for a term expiring January 31, 2020. April 7, 2016 I respectfully submit to the Senate the following appointment to office: Health Endowment Fund Board Alexis N. Wiley of 5464 Beaubien Street, Detroit, Michigan 48202, county of Wayne, designee of the House Minority Leader, succeeding Marge Robinson, is appointed for a term expiring October 1, 2019. April 7, 2016 I respectfully submit to the Senate the following appointments to office: Advisory Board for the Michigan Intelligence Operations Center for Homeland Security Timothy S. Bourgeois of 518 Houston Road, Parchment, Michigan 49004, county of Kalamazoo, representing chiefs of police, succeeding himself, is reappointed for a term expiring April 11, 2020. Richard A. Fenton of 4992 Birdie Lane, Ann Arbor, Michigan 48103, county of Washtenaw, representing residents of the state of Michigan, succeeding himself, is reappointed for a term expiring April 11, 2020. April 7, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Municipal Services Authority Executive Committee Stacie R. Behler of 120 Campau Circle, Grand Rapids, Michigan 49503, county of Kent, representing local public agencies, succeeding herself, is reappointed for a term expiring September 17, 2018. hair - Michigan Municipal Services Authority C Stacie R. Behler of 120 Campau Circle, Grand Rapids, Michigan 49503, county of Kent, is appointed for a term expiring at the pleasure of the Governor. ichigan Municipal Services Authority M Phillip R. Bertolini of 7238 N. Village Drive, Clarkston, Michigan 48346, county of Oakland, succeeding Patricia Poppe, is appointed for a term expiring at the pleasure of the Governor. Dominick Pallone of 12739 Ospreys Way, DeWitt, Michigan 48820, county of Clinton, succeeding Rich Sheridan, is appointed for a term expiring at the pleasure of the Governor. No. 36] [April 19, 2016] JOURNAL OF THE SENATE 521 April 7, 2016 I respectfully submit to the Senate the following appointments to office: Chair - Regional Transit Authority Board of Directors Paul C. Hillegonds of 47088 Brooks Lane, Plymouth, Michigan 48170, county of Wayne, is reappointed for a term expiring at the pleasure of the Governor. egional Transit Authority Board of Directors R Paul C. Hillegonds of 47088 Brooks Lane, Plymouth, Michigan 48170, county of Wayne, succeeding himself, is reappointed for a term expiring March 31, 2019. April 13, 2016 I respectfully submit to the Senate the following appointment to office: Director - Michigan Department of Licensing and Regulatory Affairs Shelly Edgerton of 340 Hyder Circle, Plainwell, Michigan 49080, county of Allegan, is appointed for a term commencing April 18, 2016, and expiring at the pleasure of the Governor. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Proos as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 844, entitled A bill to authorize the state administrative board to convey state-owned property in Ingham County; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance. Senate Bill No. 637, entitled A bill to amend 1965 PA 329, entitled “Michigan seed law,” by amending sections 2, 4, 7, and 9 (MCL 286.702, 286.704, 286.707, and 286.709), sections 2, 4, and 9 as amended by 1996 PA 86 and section 7 as amended by 1988 PA 455. The bills were placed on the order of Third Reading of Bills. Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. Senators Proos, Colbeck, Booher, Nofs, Hansen, Brandenburg, Horn, Schmidt, Emmons, Zorn, Shirkey and Marleau offered the following resolution: Senate Resolution No. 164. A resolution to urge the President and Congress of the United States to explore and support policies that will lead to the establishment of facilities within the United States for the reprocessing and recycling of spent nuclear fuel. Whereas, The federal Nuclear Waste Policy Act of 1982 called for the United States Department of Energy to begin col­lect­ ing spent nuclear waste and develop a long-term plan for storage of the material. In 2002, Congress approved Yucca Mountain in Nevada as the location to allow the Department of Energy to establish a safe repository for high-level spent nuclear waste; and 522 JOURNAL OF THE SENATE [April 19, 2016] [No. 36 Whereas, In 2010, the Department of Energy halted the project at Yucca Mountain when the construction authorization process was in progress, despite the Nuclear Waste Fund receiving more than $30 billion in revenue from electric customers throughout the United States in order to construct the facility and store the spent fuel; and Whereas, The Argonne National Laboratory has developed a high-temperature method of recycling spent nuclear waste into fuel, known as pyrochemical processing. This process allows 100 times more of the energy in uranium ore to be used to produce electricity compared to current commercial reactors; and Whereas, Extending the productive life of uranium ore through pyrochemical processing ensures almost inexhaustible sup­ plies of low-cost uranium resources for the generation of electricity, minimizes the risk that used fuel could be stolen and used to produce weapons, and reduces the amount of nuclear waste and the time it must be isolated by almost 1,000 times; and Whereas, Advanced non-light water reactors currently under development in the United States and internationally have the potential to utilize used fuel from existing reactors as fuel, but according to the Nuclear Regulatory Commission, there are no reprocessing facilities currently operating within the United States; and Whereas, The federal government’s inability to adequately store or reprocess almost 100,000 tons of spent nuclear fuel has adversely affected the residents of the state of Michigan. Michigan has paid more than $800 million into the Nuclear Waste Fund since 1983, but the federal government has failed to use it to permanently store nuclear waste in a way that serves the public; now, therefore, be it Resolved by the Senate, That we urge the President and Congress of the United States to explore and support policies that will lead to the establishment of facilities within the United States for the reprocessing and recycling of spent nuclear fuel; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congres­ sional delegation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Energy and Technology. The motion prevailed. Senators Jones and Pavlov were named co‑sponsors of the resolution. Introduction and Referral of Bills Senator Hansen introduced Senate Bill No. 895, entitled A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending sections 2 and 9 (MCL 12.252 and 12.259), section 2 as amended and section 9 as added by 2005 PA 232, and by adding section 11. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senators Bieda and Jones introduced Senate Bill No. 896, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 335 (MCL 750.335), as amended by 2002 PA 672. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Knezek and Warren introduced Senate Bill No. 897, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4 (MCL 205.94), as amended by 2012 PA 474. The bill was read a first and second time by title and referred to the Committee on Finance. Senators Warren and Knezek introduced Senate Bill No. 898, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4a (MCL 205.54a), as amended by 2012 PA 126. The bill was read a first and second time by title and referred to the Committee on Finance. No. 36] [April 19, 2016] JOURNAL OF THE SENATE 523 Senators Stamas, Hune, Brandenburg, Horn, Hansen and Schmidt introduced Senate Bill No. 899, entitled A bill to amend 1939 PA 141, entitled “Grain dealers act,” by amending sections 3 and 9 (MCL 285.63 and 285.69), as amended by 2002 PA 80, and by adding section 26a; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Commerce. Senators Hune, Stamas, Brandenburg, Horn, Hansen and Schmidt introduced Senate Bill No. 900, entitled A bill to amend 2003 PA 198, entitled “Farm produce insurance act,” by amending sections 7, 9, 11, and 15 (MCL 285.317, 285.319, 285.321, and 285.325), as amended by 2012 PA 149. The bill was read a first and second time by title and referred to the Committee on Commerce. House Bill No. 4695, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2012 PA 522. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 5421, entitled A bill to amend 1999 PA 149, entitled “Public employee health care fund investment act,” by amending section 2 (MCL 38.1212) and by adding sections 4a, 4b, and 4c. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 5439, entitled A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 6 (MCL 125.2686), as amended by 2010 PA 277. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. By unanimous consent the Senate returned to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 4660 House Bill No. 4661 House Bill No. 4662 House Bill No. 4663 House Bill No. 4664 House Bill No. 4665 House Bill No. 4666 House Bill No. 4667 House Bill No. 4668 The motion prevailed. The following bill was read a third time: House Bill No. 4660, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3515 (MCL 500.3515), as amended by 2005 PA 306. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 524 Roll Call No. 174 JOURNAL OF THE SENATE [April 19, 2016] [No. 36 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incor­ poration or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assess­ment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state depart­ ments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”. The Senate agreed to the full title. No. 36] [April 19, 2016] JOURNAL OF THE SENATE 525 The following bill was read a third time: House Bill No. 4661, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by repealing section 2477d (MCL 500.2477d). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 175 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incor­ poration or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state depart­ ments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the 526 JOURNAL OF THE SENATE [April 19, 2016] [No. 36 event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4662, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by repealing section 2409c (MCL 500.2409c). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 176 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incor­ poration or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that No. 36] [April 19, 2016] JOURNAL OF THE SENATE 527 insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state depart­ ments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4663, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2213b (MCL 500.2213b), as amended by 2013 PA 5. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 177 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incor­ poration or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, 528 JOURNAL OF THE SENATE [April 19, 2016] [No. 36 risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state depart­ ments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4664, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by repealing sections 2409 and 2409a (MCL 500.2409 and 500.2409a). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 178 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 In The Chair: President Not Voting—0 No. 36] [April 19, 2016] JOURNAL OF THE SENATE 529 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incor­ poration or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state depart­ ments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4665, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by repealing sections 2477, 2477a, 2477b, and 2477c (MCL 500.2477, 500.2477a, 500.2477b, and 500.2477c). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 179 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 530 JOURNAL OF THE SENATE [April 19, 2016] [No. 36 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incor­ poration or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state depart­ ments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4666, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16243 (MCL 333.16243), as amended by 1993 PA 79. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 180 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas No. 36] [April 19, 2016] JOURNAL OF THE SENATE 531 Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, admin­istration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4667, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by repealing section 2409b (MCL 500.2409b). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 181 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen 532 JOURNAL OF THE SENATE [April 19, 2016] [No. 36 Nays—0 Excused—0 Not Voting—0 In The Chair: President The President pro tempore, Senator Schuitmaker, assumed the Chair. he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incor­ poration or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state depart­ ments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4668, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 803 (MCL 436.1803). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 182 Ananich Bieda Booher Yeas—37 Hertel Knollenberg Robertson Hildenbrand Kowall Rocca Hood MacGregor Schmidt No. 36] [April 19, 2016] JOURNAL OF THE SENATE 533 Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,”. The Senate agreed to the full title. Committee Reports The Committee on Agriculture reported Senate Bill No. 637, entitled A bill to amend 1965 PA 329, entitled “Michigan seed law,” by amending sections 2, 4, 7, and 9 (MCL 286.702, 286.704, 286.707, and 286.709), sections 2, 4, and 9 as amended by 1996 PA 86 and section 7 as amended by 1988 PA 455. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Green, Schmidt and Booher Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Agriculture submitted the following: T Meeting held on Thursday, April 14, 2016, at 9:00 a.m., Room 110, Farnum Building Present: Senators Hune (C), Green, Schmidt and Booher Excused: Senator Johnson 534 JOURNAL OF THE SENATE [April 19, 2016] [No. 36 The Committee on Appropriations reported Senate Bill No. 782, entitled A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 787, entitled A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green and Marleau Nays: Senators Gregory, Hopgood, Hertel, Knezek and Young The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 792, entitled A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 795, entitled A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. No. 36] [April 19, 2016] JOURNAL OF THE SENATE 535 The Committee on Appropriations reported Senate Bill No. 797, entitled A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, April 13, 2016, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Wednesday, April 13, 2016, at 4:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda COMMITTEE ATTENDANCE REPORT he Subcommittee on Corrections submitted the following: T Meeting held on Thursday, April 14, 2016, at 12:00 noon, Room 405, Capitol Building Present: Senators Proos (C), Knollenberg and Gregory COMMITTEE ATTENDANCE REPORT he Committee on Veterans, Military Affairs and Homeland Security submitted the following: T Meeting held on Thursday, April 14, 2016, at 2:00 p.m., Room 110, Farnum Building Present: Senators O’Brien (C), Emmons, Zorn, Colbeck and Knezek Scheduled Meetings Agriculture - Thursday, April 21, 8:30 a.m., Room 110, Farnum Building (373-5323) Appropriations - Wednesday, April 20, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-1801) Subcommittee State Police and Military Affairs - Tuesday, May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Commerce - Wednesday, April 20, 8:30 a.m., Room 210, Farnum Building (373-5312) Economic Development and International Investment - Thursday, April 21, 1:30 p.m., Room 210, Farnum Building (373-5323) 536 JOURNAL OF THE SENATE [April 19, 2016] [No. 36 Families, Seniors and Human Services - Wednesday, April 20, 3:00 p.m., Room 210, Farnum Building (373-5323) Insurance - Wednesday, April 20, 2:00 p.m., Room 100, Farnum Building (373-5312) Joint Select Committee on the Flint Water Public Health Emergency - Monday, April 25, 9:00 a.m., Senate Hear­ ing Room, Ground Floor, Boji Tower (373-5307) Natural Resources - Wednesday, April 20, 12:30 p.m., Room 210, Farnum Building (373-1721) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:45 a.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Wednesday, April 20, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 37 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Wednesday, April 20, 2016. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—present Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 538 JOURNAL OF THE SENATE [April 20, 2016] [No. 37 astor David Jefferson of Peace Baptist Church of Detroit offered the following invocation: P Father, in the mighty and matchless name of Jesus, we come right now as we convene to do the will of Your people. We pray now that You would speak to our hearts and our minds. We pray, God, that You would cause us to approach everything with an open mind and embrace one another. As we talk things over and communicate our differences, would You be the voice of reason for us. Help us to find the path that You have already prepared for us. Help us to do what is in the best interest of Your people. We will always give You praise, honor, and glory. In Jesus’ name, we pray. Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Green and Hopgood entered the Senate Chamber. Senator Kowall moved that Senators Booher, Casperson, Hansen and Knollenberg be temporarily excused from today’s session. The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Hansen, Green and O’Brien admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Senators Booher and Knollenberg entered the Senate Chamber. The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, April 19: House Bill Nos. 4578 4656 The Secretary announced that the following bills and joint resolution were printed and filed on Tuesday, April 19, and are available at the Michigan Legislature website: Senate Bill Nos. 895 896 897 898 899 900 House Bill Nos. 5568 5569 5570 5571 5572 5573 5574 5575 5576 5577 5578 5579 House Joint Resolution HH Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:05 a.m. 10:14 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senators O’Brien and Nofs introduced the Michigan Youth Challenge Academy graduating class of 2016 and its director, Lieutenant Colonel Jefferey Connell; and offered congratulations and exaltation for continued excellence in the future. During the recess, Senators Casperson, Hansen and Young entered the Senate Chamber. No. 37] [April 20, 2016] JOURNAL OF THE SENATE 539 Messages from the Governor The following message from the Governor was received: Date: April 19, 2016 Time: 8:32 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 476 (Public Act No. 86), being An act to amend 1993 PA 327, entitled “An act to provide for a tax upon the sale and distribution of tobacco products; to regulate and license manufacturers, wholesalers, secondary wholesalers, vending machine operators, unclassified acquirers, transportation companies, transporters, and retailers of tobacco products; to prescribe the powers and duties of the revenue division and the department of treasury in regard to tobacco products; to provide for the administration, collection, and disposition of the tax; to levy an assessment; to provide for the administration, collection, defense, and disposition of the assessment; to provide for the enforcement of this act; to provide for the appointment of special investigators as peace officers for the enforcement of this act; to prescribe penalties and provide remedies for the violation of this act; to make and supplement appropriations; and to repeal acts and parts of acts,” by amending sections 7 and 11 (MCL 205.427 and 205.431), section 7 as amended by 2014 PA 298 and section 11 as amended by 2012 PA 325. (Filed with the Secretary of State on April 19, 2016, at 1:30 p.m.) Respectfully, Rick Snyder Governor The following message from the Governor was received on April 19, 2016, and read: EXECUTIVE ORDER No. 2016-7 Amendment to Executive Order No. 2015-14 Creation of Pipeline Safety Advisory Board Michigan Department of Environmental Quality WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that he considers necessary for efficient administration; and WHEREAS, it is important that the state of Michigan ensure that oil and gas development and transportation is balanced with protecting public health, safety, and natural resources; and WHEREAS, the state of Michigan recognizes the importance of oil and gas development, transportation, and use in the state’s economy; and WHEREAS, state government leaders undertook an extensive review of the nexus between energy transmission and envi­ ron­mental protection with formation of the Michigan Petroleum Pipeline Task Force; and WHEREAS, a key finding of the task force was that effective coordination of state and local resources – including stake­ holders in conservation and environment, oil and gas development, and transportation, and other state agencies dealing with energy production and transportation - is needed to provide necessary transparency and to implement other task force recommendations; and WHEREAS, establishment of a Pipeline Safety Advisory Board within the Michigan Department of Environmental Quality will advise and assist in the implementation of matters relating to hazardous liquid and gas pipeline safety, routing, con­ struc­tion, operation and maintenance, and provide recommendations for statutory, contractual, or procedural changes to improve the safety of pipelines in this state; NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I. AMENDMENT A. Section I.B. of Executive Order 2015-14 is amended as follows: • The individual appointed and serving representing federal response and recovery agencies, or his or her designee from within that federal response and recovery agency, shall be a non-voting ex officio member. 540 JOURNAL OF THE SENATE [April 20, 2016] [No. 37 B. Section III.F. of Executive Order 2015-14 is amended as follows: F. A majority of the voting members of the Board serving constitutes a quorum for the transaction of the board’s business. The Board shall act in making its recommendations by a majority vote of its voting members. II. MISCELLANEOUS All other provisions of Executive Order 2015-14 not specifically amended by this Order shall remain unchanged. This Executive Order shall become effective upon filing. Given under my hand and the Great Seal of the state of Michigan this 19th day of April, in the Year of our Lord [SEAL] Two Thousand Sixteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. The President, Lieutenant Governor Calley, assumed the Chair. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Robertson as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 5257, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 610. Senate Bill No. 866, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11701, 12102, 16901, 44501, and 82101 (MCL 324.11701, 324.12102, 324.16901, 324.44501, and 324.82101), section 11701 as amended by 2005 PA 199, section 12102 as amended by 2015 PA 224, section 16901 as amended by 2014 PA 543, sec­ tion 44501 as amended by 2012 PA 294, and section 82101 as amended by 2014 PA 404. Senate Bill No. 867, entitled A bill to amend 1996 PA 195, entitled “Police officer’s and fire fighter’s survivor tuition grant act,” by amending sec­ tion 2 (MCL 390.1242), as amended by 2012 PA 470. Senate Bill No. 868, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 2950 and 2950a (MCL 600.2950 and 600.2950a), section 2950 as amended by 2001 PA 200 and section 2950a as amended by 2010 PA 19. Senate Bill No. 869, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 528a (MCL 750.528a), as amended by 2015 PA 26. The bills were placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 844 Senate Bill No. 637 The motion prevailed. No. 37] [April 20, 2016] JOURNAL OF THE SENATE 541 The following bill was read a third time: Senate Bill No. 844, entitled A bill to authorize the state administrative board to convey state-owned property in Ingham County; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 183 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 637, entitled A bill to amend 1965 PA 329, entitled “Michigan seed law,” by amending sections 2, 4, 7, and 9 (MCL 286.702, 286.704, 286.707, and 286.709), sections 2, 4, and 9 as amended by 1996 PA 86 and section 7 as amended by 1988 PA 455. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 184 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen 542 JOURNAL OF THE SENATE [April 20, 2016] [No. 37 Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senators Kowall, Marleau, Robertson, Knollenberg and Gregory introduced Senate Bill No. 901, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 517a (MCL 436.1517a), as added by 2004 PA 170. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senator Marleau introduced Senate Bill No. 902, entitled A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regula­tion of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 10 (MCL 722.120), as amended by 2006 PA 206. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senators Casperson, Schmidt and Booher introduced Senate Bill No. 903, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 61703 and 61706 (MCL 324.61703 and 324.61706), as added by 1995 PA 57. The bill was read a first and second time by title and referred to the Committee on Natural Resources. House Bill No. 4578, entitled A bill to amend 2000 PA 321, entitled “Recreational authorities act,” by amending section 3 (MCL 123.1133), as amended by 2003 PA 135. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Local Government. House Bill No. 4656, entitled A bill to amend 1956 PA 40, entitled “The drain code of 1956,” (MCL 280.1 to 280.630) by adding section 201. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Local Government. Statements Senators Young and Johnson asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. No. 37] [April 20, 2016] JOURNAL OF THE SENATE 543 enator Young’s statement is as follows: S Senator Elizabeth Warren said we shouldn’t treat our students like a profit center. I couldn’t agree more. Student loan debt makes up a $1.3 trillion market, but in many places, student loan servicers don’t need a license. That’s the same kind of problem that led to the mortgage crisis back in 2008. Shady banking practices cost countless Michigan families their homes. That same approach to student loans could cost borrowers right here in Michigan their futures. Paying back a student loan is stressful enough. When loan servicers can pressure you with denial of service if you fail to open specific types of bank accounts, maintain an account balance, or purchase bank products, that is a problem. You don’t need to do any of that to pay back a loan, but borrowers don’t always know that. If they think they are going to lose their loan, they’re going to listen to the servicers, even if that servicer is steering them in the wrong direction. That’s not OK. Turning a profit on the backs of students who are trying to finance their educations is despicable. Under this administration, the cost of college has skyrocketed. It’s on students to finance their education, but they’re just trying to do the right thing. They’re getting hit with a double whammy of rising tuition and predatory lending. I would like to think that we all agree that students should not have bad credit and an uncertain financial future due to loan servicers’ actions. We still need to find creative solutions to make college more affordable for our citizens, but protecting them from bad lending practices is a good first step. enator Johnson’s statement is as follows: S I am reading a book that I think is the book of the times and for the moment. It is written by a gentleman named Ta-Nehisi Coates, entitled Between the World and Me. It is a description on the part of Coates as to what he sees in the United States, and he is writing this book to his 15-year-old son. As you can imagine, as a black man, I see it as a very revealing, sobering, and serious book. In the book, Coates talks about the ascribing of the color code in America. Before America’s incorporation, people were not white, black, or colors in a box. As a matter of fact, they were Wesleyan, Jewish, and Catholic—everything except white, black, and everything else. He talks about the hierarchal nature of the ascribing of color and how it’s worn have done great damage to the psyche of Americans. As someone who has found a way to figure out where his people come from, he can trace his roots back to the original continent of Africa, the most resource-rich continent in the world; the one continent that out of all that has been raped, pillaged, and stolen from in this human experience. I know that my friend from the 31st District really meant no harm in introducing someone and then ascribing to them the title as true African Americans. I do, however, want to warn him that there are those of us who, too, are true Africans in the American experience. We own that, live that, invite that, and we celebrate that. It is the reason that so many of you have heard me make so many comments regarding that very topic. I think it is important in our country that we move away from the labels that divide us and begin to have the true comradery that the country deserves. That is a conversation we should all be having to recognize that Americans in this experience are genuine shareholders in the corporate industry that we know as the United States of America; not a democracy, but a republic. In pointing out such, I would like my friend from the 31st District to recognize that Africans in the American experience come in all faiths, sizes, and colors. There is not but one true African in the American experience, but we are, in fact, the minority. He and I are friends, and I know he meant no disrespect, but his comments—I would be lying if I said that there weren’t African-American people in the chamber today who heard that and did not bristle in their seats and did not want to be recognized in just the same way. Today I stand here as not just an American, but a true African living in the American experience, and I would like to be recognized. Committee Reports The Committee on Appropriations reported Senate Bill No. 784, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 201a (MCL 388.1801 and 388.1801a), as amended by 2015 PA 85. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. 544 JOURNAL OF THE SENATE [April 20, 2016] [No. 37 The Committee on Appropriations reported Senate Bill No. 786, entitled A bill to make appropriations for the department of education for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 790, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 236a (MCL 388.1836 and 388.1836a), as amended by 2015 PA 85. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 794, entitled A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 796, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2015 PA 139 and section 17b as amended by 2007 PA 137. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau and Knezek Nays: Senators Gregory, Hopgood, Hertel and Young The bill and the substitute recommended by the committee were referred to the Committee of the Whole. No. 37] [April 20, 2016] JOURNAL OF THE SENATE 545 The Committee on Appropriations reported Senate Bill No. 799, entitled A bill to make appropriations for the state transportation department for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Tuesday, April 14, 2016, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young The Committee on Local Government reported House Bill No. 4990, entitled A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 5f (MCL 117.5f), as amended by 2002 PA 201. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Proos, Brandenburg, Rocca and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Local Government reported House Bill No. 4991, entitled A bill to amend 1895 PA 3, entitled “The general law village act,” by amending section 36 (MCL 68.36), as amended by 2002 PA 276. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Proos, Brandenburg, Rocca and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Local Government reported House Bill No. 4992, entitled A bill to amend 1909 PA 278, entitled “The home rule village act,” by amending section 24b (MCL 78.24b), as amended by 2002 PA 277. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson 546 JOURNAL OF THE SENATE [April 20, 2016] [No. 37 To Report Out: Yeas: Senators Zorn, Proos, Brandenburg, Rocca and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Local Government reported House Bill No. 4993, entitled A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” by amending section 75b (MCL 41.75b), as amended by 2002 PA 226. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Proos, Brandenburg, Rocca and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Local Government reported House Bill No. 4994, entitled A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 11c (MCL 46.11c), as amended by 2002 PA 275. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Proos, Brandenburg, Rocca and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, April 19, 2016, at 12:30 p.m., Room 100, Farnum Building Present: Senators Zorn (C), Proos, Brandenburg, Rocca and Young The Committee on Health Policy reported Senate Bill No. 753, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 16283, 16284, 16285, 16286, 16287, 16288, and 16289. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Tuesday, April 19, 2016, at 12:30 p.m., Rooms 402 and 403, Capitol Building Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood No. 37] [April 20, 2016] JOURNAL OF THE SENATE 547 The Committee on Judiciary reported House Bill No. 4436, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 323 (MCL 257.323), as amended by 2001 PA 159. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4769, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7410 (MCL 333.7410), as amended by 2006 PA 552. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4864, entitled A bill to amend 2014 PA 276, entitled “Methamphetamine abuse reporting act,” by amending section 4 (MCL 28.124). With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, April 19, 2016, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, April 19, 2016, at 8:30 a.m., Room 110, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, April 19, 2016, at 12:00 noon, Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek 548 JOURNAL OF THE SENATE [April 20, 2016] [No. 37 COMMITTEE ATTENDANCE REPORT he Committee on Commerce submitted the following: T Meeting held on Wednesday, April 20, 2016, at 8:30 a.m., Room 210, Farnum Building Present: Senators Schmidt (C), Kowall, MacGregor, O’Brien and Hertel Scheduled Meetings Agriculture - Thursday, April 21, 8:30 a.m., Room 110, Farnum Building (373-5323) Appropriations Subcommittee State Police and Military Affairs - Tuesday, May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Economic Development and International Investment - Thursday, April 21, 1:30 p.m., Room 210, Farnum Building (373-5323) Education - Tuesday, April 26, 8:00 a.m., Room 110, Farnum Building (373-5314) Joint Select Committee on the Flint Water Public Health Emergency - Monday, April 25, 9:00 a.m., Senate Hear­ ing Room, Ground Floor, Boji Tower (373-5307) Transportation - Thursday, April 21, 8:30 a.m., Room 210, Farnum Building (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:40 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, April 21, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 38 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Thursday, April 21, 2016. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—present Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—excused MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 550 JOURNAL OF THE SENATE [April 21, 2016] [No. 38 astor Kevin Berry of Mount Hope Church of Lansing offered the following invocation: P Father in heaven, I thank You for the leaders who have gathered in this room whom You have placed in positions of authority and given the opportunity to serve You in this great state of Michigan. Lord, I ask You to bless them and to mark them with Your favor. I pray that You would pour out Your spirit of wisdom to make them wise. At every challenge and opportunity they face, may they have wisdom and knowledge that comes from You. I pray that You will guard their homes and families. I ask You, Lord, to grant them health and peace in their homes. I ask mostly that they would know You. Today, I ask You to bless them, and give them peace and Your favor. Lord, as we approach Your throne of grace, which is the only place we can find supernatural help to do all the natural things, we ask all these things. I thank You, Lord, in the powerful name of Jesus Christ. Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Hansen entered the Senate Chamber. The President, Lieutenant Governor Calley, assumed the Chair. enator Kowall moved that Senator Casperson be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Hertel and Young be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Gregory be excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Robertson and Nofs admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Senator Hertel entered the Senate Chamber. The following communications were received: Department of State Administrative Rules Notices of Filing April 19, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-039-LR (Secretary of State Filing #16-04-01) on this date at 3:32 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Part 74. Fire Fighting.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. April 19, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-044-LR (Secretary of State Filing #16-04-02) on this date at 3:33 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Unbundled Network Element and Local Interconnection Services.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. No. 38] [April 21, 2016] JOURNAL OF THE SENATE 551 April 19, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-140-LR (Secretary of State Filing #16-04-03) on this date at 3:33 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Pharmacy - Controlled Substances.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, April 20: House Bill Nos. 5525 5526 5527 5545 The Secretary announced that the following bills were printed and filed on Wednesday, April 20, and are available at the Michigan Legislature website: Senate Bill Nos. 901 902 903 House Bill Nos. 5580 5581 5582 5583 5584 5585 5586 Senator Robertson asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Robertson’s statement is as follows: I want to take a moment to introduce my guest and present a tribute to a young man who has been job shadowing me for the last several months, a fine young man, Austin Church. I have a tribute I would like to take a moment to read. I also want to acknowledge the fact that his family, his dad Bob; his mom Laura; his sister Brittany; and his brother Derrick are in the Gallery to witness this tribute presentation this morning. “LET IT BE KNOWN, That it is a special privilege to acknowledge and honor Austin Church for his interest in the Michigan State Senate and his time spent shadowing State Senator Robertson over the past few months. Austin’s presence in Senator Robertson’s office has been an impactful one, whether it has been assisting Senator Robertson in meetings or just helping around the office. In meetings with Senator Robertson, Austin has demonstrated his knowledge and enthusiasm for politics and governing through the very insightful questions he asks about each particular issue. We are certain he will be an enormous asset to any organization or effort in which he is involved. Austin is a bright young man with a thirst for knowledge that shows he has an equally bright future. We are certain Austin will be an enormous asset to any organization or effort in which he chooses to pursue a path of success in. It is not every day that we get to recognize such a fine young man such as Austin, who has routinely demonstrated not only his enthusiasm for politics, but also his overall intelligence as well. It would not be surprising to see Austin holding political office at some point in the future, as he has many of the traits needed to succeed not only in politics, but life as well. Success in politics, as in life generally, is best described as that point at which an individual’s preparation and opportunity meet. Austin’s preparation and opportunity will undoubtedly meet sooner rather than later. IN SPECIAL TRIBUTE, Therefore, This document is signed and dedicated to honor Austin Church for his hard work and dedication to expanding his knowledge of the State of Michigan’s legislature. May he and his family know of our admiration and warmest wishes for continued success in every endeavor.” It is signed by myself and the Governor of the state of Michigan, Rick Snyder. Congratulations, Austin. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:09 a.m. 10:19 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. 552 JOURNAL OF THE SENATE [April 21, 2016] [No. 38 During the recess, Senator Nofs introduced the Marshall High School Girls Basketball Team, 2016 MHSAA Class B State Champions, Coach Sal Conkle, Assistant Coach Lance Hanblitz, and Superintendent Randy Davis; and presented them with a Special Tribute. Superintendent Davis and Coach Conkle responded briefly. During the recess, Senators Casperson and Young entered the Senate Chamber. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Knollenberg as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 5278, entitled A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sections 306 and 307 (MCL 280.306 and 280.307). House Bill No. 4793, entitled A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 434 (MCL 330.1434), as amended by 1995 PA 290. The bills were placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 5257 Senate Bill No. 866 Senate Bill No. 867 Senate Bill No. 868 Senate Bill No. 869 The motion prevailed. The following bill was read a third time: House Bill No. 5257, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” (MCL 436.1101 to 436.2303) by adding section 610. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 185 Yeas—35 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Stamas Colbeck Johnson O’Brien Warren Emmons Jones Pavlov Young Hansen Knezek Proos Zorn Hertel Knollenberg Robertson No. 38] [April 21, 2016] JOURNAL OF THE SENATE 553 Nays—1 Green Excused—1 Gregory Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 866, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec­tions 11701, 12102, 16901, 44501, and 82101 (MCL 324.11701, 324.12102, 324.16901, 324.44501, and 324.82101), section 11701 as amended by 2005 PA 199, section 12102 as amended by 2015 PA 224, section 16901 as amended by 2014 PA 543, section 44501 as amended by 2012 PA 294, and section 82101 as amended by 2014 PA 404. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 186 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Hansen Knezek Proos Zorn 554 JOURNAL OF THE SENATE [April 21, 2016] [No. 38 Nays—0 Excused—1 Gregory Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 867, entitled A bill to amend 1996 PA 195, entitled “Police officer’s and fire fighter’s survivor tuition grant act,” by amending section 2 (MCL 390.1242), as amended by 2012 PA 470. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 187 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Hansen Knezek Proos Zorn Nays—0 Excused—1 Gregory Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. No. 38] [April 21, 2016] JOURNAL OF THE SENATE 555 The following bill was read a third time: Senate Bill No. 868, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 2950 and 2950a (MCL 600.2950 and 600.2950a), section 2950 as amended by 2001 PA 200 and section 2950a as amended by 2010 PA 19. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 188 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Hansen Knezek Proos Zorn Nays—0 Excused—1 Gregory Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 869, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 528a (MCL 750.528a), as amended by 2015 PA 26. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 189 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Hansen Knezek Proos Zorn 556 JOURNAL OF THE SENATE [April 21, 2016] [No. 38 Nays—0 Excused—1 Gregory Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator Jones introduced Senate Bill No. 904, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 533 (MCL 436.1533), as amended by 1998 PA 416. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Warren, Ananich, Young, Knezek, Gregory, Johnson, Bieda, Hood, Hopgood and Hertel introduced Senate Bill No. 905, entitled A bill to provide for a student loan ombudsman and prescribe his or her powers and duties; and to prescribe the powers and duties of certain other public officers and agencies. The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. Senators Knezek, Ananich, Warren, Young, Gregory, Johnson, Bieda, Hood, Hopgood and Hertel introduced Senate Bill No. 906, entitled A bill to amend 1960 PA 77, entitled “An act to create the Michigan higher education assistance authority and to prescribe its powers and duties; to authorize persons, corporations, and associations to make gifts to the authority; to prescribe the powers and duties of certain state officials; to authorize, ratify, and confirm certain guarantees of students’ loans and authorize reguarantees; to authorize, ratify, and confirm certain guarantees of loans made to parents of students; to validate certain prior appropriations; and to authorize the transfer of certain appropriations to be transferred to and administered by the authority,” by amending sections 2, 3, 4, and 10 (MCL 390.952, 390.953, 390.954, and 390.960), section 10 as amended by 1989 PA 128, and by adding section 7c. The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. Senators Young, Ananich, Warren, Knezek, Gregory, Johnson, Bieda, Hood, Hopgood and Hertel introduced Senate Bill No. 907, entitled A bill to regulate student loan lenders and servicers; to require the licensing of certain student loan servicers; to create the student loan ombudsman fund; to prescribe the powers and duties of certain other public officers and agencies; to provide for the promulgation of rules; and to provide remedies and penalties. The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. Senator Schmidt introduced Senate Bill No. 908, entitled A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2, 3, 4, 7, 8, 8a, 11, 13, 14, 15, 15a, and 16 (MCL 125.2652, 125.2653, 125.2654, 125.2657, 125.2658, 125.2658a, 125.2661, 125.2663, No. 38] [April 21, 2016] JOURNAL OF THE SENATE 557 125.2664, 125.2665, 125.2665a, and 125.2666), section 2 as amended by 2013 PA 67, section 3 as amended by 2000 PA 145, sections 4, 8, 13, 15, and 16 as amended and section 8a as added by 2012 PA 502, section 7 as amended by 2002 PA 413, and section 15a as amended by 2014 PA 20, and by adding sections 13a and 13b; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Commerce. Senator Schmidt introduced Senate Bill No. 909, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec­ tions 19511, 19512, and 19513 (MCL 324.19511, 324.19512, and 324.19513), as added by 1995 PA 60. The bill was read a first and second time by title and referred to the Committee on Commerce. Senator O’Brien introduced Senate Bill No. 910, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec­ tions 19601, 19607, 19608, and 19608a (MCL 324.19601, 324.19607, 324.19608, and 324.19608a), sections 19601 and 19607 as added by 1998 PA 288, section 19608 as amended by 2012 PA 446, and section 19608a as added by 2003 PA 253, and by adding section 19608b. The bill was read a first and second time by title and referred to the Committee on Commerce. Senator Horn introduced Senate Bill No. 911, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec­ tions 19508, 19509, and 19510 (MCL 324.19508, 324.19509, and 324.19510), as added by 1995 PA 60. The bill was read a first and second time by title and referred to the Committee on Commerce. Senator Knezek introduced Senate Bill No. 912, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec­ tions 19609, 19610, 19611, and 19612 (MCL 324.19609, 324.19610, 324.19611, and 324.19612), sections 19609, 19610, and 19611 as added by 1998 PA 288 and section 19612 as amended by 2014 PA 115, and by adding section 19610a. The bill was read a first and second time by title and referred to the Committee on Commerce. Senator Casperson introduced Senate Bill No. 913, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec­ tion 20108b (MCL 324.20108b), as amended by 2010 PA 233. The bill was read a first and second time by title and referred to the Committee on Commerce. House Bill No. 5525, entitled A bill to amend 2014 PA 92, entitled “State essential services assessment act,” by amending sections 3, 7, 9, and 11 (MCL 211.1053, 211.1057, 211.1059, and 211.1061), sections 3 and 7 as amended by 2015 PA 120. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. House Bill No. 5526, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 9f, 9m, 9n, 19, and 53b (MCL 211.9f, 211.9m, 211.9n, 211.19, and 211.53b), sections 9f, 9m, and 9n as amended by 2015 PA 119, section 19 as amended by 2014 PA 87, and section 53b as amended by 2013 PA 153. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. 558 JOURNAL OF THE SENATE [April 21, 2016] [No. 38 House Bill No. 5527, entitled A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 11a (MCL 207.561a), as amended by 2015 PA 123. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. House Bill No. 5545, entitled A bill to amend 2014 PA 93, entitled “Alternative state essential services assessment act,” by amending sections 3, 7, and 9 (MCL 211.1073, 211.1077, and 211.1079), sections 3 and 7 as amended by 2015 PA 121. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. Committee Reports The Committee on Finance reported House Bill No. 4677, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2015 PA 19. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Robertson, Casperson, Proos, Bieda and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 5131, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 22, 26, 703, and 711 (MCL 206.22, 206.26, 206.703, and 206.711), section 22 as amended by 2003 PA 51, section 26 as amended by 2011 PA 38, section 703 as amended by 2014 PA 295, and section 711 as amended by 2011 PA 193. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Robertson, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 5132, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 21a; and to repeal acts and parts of acts. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson No. 38] [April 21, 2016] JOURNAL OF THE SENATE 559 To Report Out: Yeas: Senators Robertson, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 5133, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 13a; and to repeal acts and parts of acts. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Robertson, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Finance submitted the following: T Meeting held on Tuesday, April 19, 2016, at 2:30 p.m., Room 210, Farnum Building Present: Senators Robertson, Casperson, Proos, Bieda and Warren Excused: Senators Brandenburg (C) and Knollenberg The Committee on Natural Resources reported House Bill No. 5395, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 5204e (MCL 324.5204e), as added by 2012 PA 511. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Pavlov, Robertson, Stamas and Warren Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Natural Resources submitted the following: T Meeting held on Wednesday, April 20, 2016, at 12:30 p.m., Room 210, Farnum Building Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren The Committee on Insurance reported Senate Bill No. 625, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406t. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Schmidt, O’Brien, Horn, Jones, Bieda, Johnson and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. 560 JOURNAL OF THE SENATE [April 21, 2016] [No. 38 COMMITTEE ATTENDANCE REPORT he Committee on Insurance submitted the following: T Meeting held on Wednesday, April 20, 2016, at 2:00 p.m., Room 100, Farnum Building Present: Senators Hune (C), Schmidt, O’Brien, Horn, Jones, Bieda, Johnson and Young Excused: Senators Brandenburg and Marleau COMMITTEE ATTENDANCE REPORT he Committee on Families, Seniors and Human Services submitted the following: T Meeting held on Wednesday, April 20, 2016, at 3:00 p.m., Room 210, Farnum Building Present: Senators Emmons (C), Pavlov, Jones and Casperson Excused: Senator Johnson Scheduled Meetings Appropriations Subcommittee State Police and Military Affairs - Tuesday, May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Education - Tuesday, April 26, 8:00 a.m., Room 110, Farnum Building (373-5314) Joint Select Committee on the Flint Water Public Health Emergency - Monday, April 25, 9:00 a.m., Senate Hear­ ing Room, Ground Floor, Boji Tower (373-5307) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:37 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, April 26, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 39 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Tuesday, April 26, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—excused Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 562 JOURNAL OF THE SENATE [April 26, 2016] [No. 39 Senator Morris W. Hood III of the 3rd District offered the following invocation: Lord, Father, please bless us, and thank You for allowing us to be here today. We thank You for all that You have given us, all You are giving us, and all that You will give us. Please bless all of those who are in need of blessings today, and bless all of those who will need Your blessings tomorrow. Please bless all who have lost loved ones; all those who are in the hospital; all of those who don’t have enough to eat; and those babies and families who are struggling. We pray that You give power and uplifting for all that we need. Please bless all of our families and loved ones across this state. We pray also that You would bless all of the people of this great state. We ask You to please give us the power to make it to the next day. Lord, we thank You for giving us our next breath, and as they say, the wind beneath our wings. We ask all of these things in the name of Your Son Jesus Christ. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senators Green and Knollenberg be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Ananich and Young be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Johnson be excused from today’s session. S The motion prevailed. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:07 a.m. 10:34 a.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. During the recess, Senators Green, Knollenberg and Young entered the Senate Chamber. The following communications were received and read: Office of the Auditor General April 21, 2016 nclosed is a copy of the following audit report: E • Performance audit report on Claimant Services, Unemployment Insurance Agency, Talent Investment Agency, Depart­ ment of Talent and Economic Development. April 22, 2016 nclosed is a copy of the following Report on Internal Control, Compliance, and Other Matters for the fiscal year ended E September 30, 2015: • Self-Insurers’ Security Fund, Funds Administration, Workers’ Compensation Agency, Department of Licensing and Regulatory Affairs. Sincerely, Doug Ringler Auditor General The audit reports were referred to the Committee on Government Operations. No. 39] [April 26, 2016] JOURNAL OF THE SENATE 563 The following communication was received: Office of Senator Steven M. Bieda April 21, 2016 er Senate Rule 1.110(c), I am requesting that my name by added immediately as a co‑sponsor to Senate Bill 897, P which was introduced on April 19, 2016 by Senator David Knezek and is currently in the Senate Finance Committee. Sincerely, Steve Bieda State Senator 9th District The communication was referred to the Secretary for record. The following communications were received: Department of State Administrative Rules Notices of Filing April 22, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-012-LR (Secretary of State Filing #16-04-04) on this date at 3:07 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Task Force on Physician’s Assistants.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. April 22, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-013-LR (Secretary of State Filing #16-04-05) on this date at 3:07 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Acupuncture - General Rules.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. April 22, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-014-LR (Secretary of State Filing #16-04-06) on this date at 3:07 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Athletic Training - General Rules.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. April 22, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-015-LR (Secretary of State Filing #16-04-07) on this date at 3:07 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Audiology - General Rules.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. 564 JOURNAL OF THE SENATE [April 26, 2016] [No. 39 The Secretary announced that the following bills were printed and filed on Thursday, April 21, and are available at the Michigan Legislature website: Senate Bill Nos. 904 905 906 907 908 909 910 911 912 913 House Bill Nos. 5587 5588 5589 5590 5591 Messages from the Governor The following message from the Governor was received on April 22, 2016, and read: EXECUTIVE ORDER No. 2016-8 Amendment to Executive Order No. 2016-1 Flint Water Interagency Coordinating Committee Michigan Department of State Police WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that he considers necessary for efficient administration; and WHEREAS, municipal water in the City of Flint showed elevated lead levels after the City of Flint switched its water source to the Flint River; and WHEREAS, the County of Genesee and the City of Flint have taken actions to cope with the situation, including but not limited to, switching back to the Detroit water system on October 16, 2015, declaring local states of emergency, activating the emergency response and recovery aspects of their emergency operations plan, marshaling and distributing required resources on a city-wide level, and issuing emergency public information and bulletins; and WHEREAS, the Flint Water Advisory Task Force was formed as an independent advisory task force charged with reviewing actions regarding water use and testing in Flint; and WHEREAS, the Flint Water Advisory Task Force has made an interim recommendation that the state government should coordinate a sustained, public-health focused response to remedy, to the fullest extent possible, the impacts on the Flint community; and WHEREAS, on January 5, 2016, the Governor issued a proclamation declaring a state of emergency in the County of Genesee and the City of Flint; and WHEREAS, multiple state departments and local authorities share the responsibility for ensuring safe drinking water and the coordination of efforts to address the consequences resulting from the presence of elevated lead levels in drinking water; and WHEREAS, ensuring safe drinking water and addressing the consequences of elevated lead levels in drinking water will require collaboration and communication between state departments, local governments, and subject matter experts; and WHEREAS, the establishment of a Flint Water Interagency Coordinating Committee within the Michigan Department of State Police will facilitate the collaboration and communication between state departments, local governments, and subject matter experts necessary to effectively coordinate a response and recovery effort; NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I. AMENDMENT A. Section I.B. of Executive Order 2016-1 is amended as follows: The Coordinating Committee shall be composed of the following eighteen (18) members who shall serve an initial term expiring on December 31, 2018. • The Director of Office of Urban Initiatives within the Executive Office of the Governor; • The Deputy State Director of Emergency Management and Homeland Security within the Michigan Department of State Police; • The Director of the Department of Environmental Quality, or his or her designee; • The Director of the Department of Health and Human Services, or his or her designee; • The Director of the Department of Licensing and Regulatory Affairs, or his or her designee; • The State Treasurer, or his or her designee; No. 39] [April 26, 2016] JOURNAL OF THE SENATE 565 • The Superintendent of Public Instruction, or his or her designee; • The elected Mayor of the City of Flint who shall be appointed to the Coordinating Committee by the Governor; • Three (3) additional representatives of the City of Flint who shall be submitted by the Mayor of the City of Flint and appointed to the Coordinating Committee by the Governor; • One (1) additional representative of the City of Flint who shall be submitted by the Flint City Council and appointed to the Coordinating Committee by the Governor; and • Three (3) representatives of Genesee County who shall be submitted by the Genesee County Board of Commissioners and appointed to the Coordinating Committee by the Governor; and • Three (3) subject matter experts who shall be appointed to the Coordinating Committee by the Governor. After the initial appointments, members of the Coordinating Committee appointed under this subsection shall serve terms of three years. II. MISCELLANEOUS A. All other provisions of Executive Order 2016-1 not specifically amended by this Order shall remain unchanged. B. A member of the Coordinating Committee appointed and serving under section I.B. of Executive Order 2016-1 shall continue under this Order as a member of the Coordinating Committee. C. This Order does not invalidate any actions already taken by the Coordinating Committee created pursuant to Executive Order 2016-1. The Executive Order shall become effective upon filing. Given under my hand and the Great Seal of the state of [SEAL] Michigan this 22nd day of April, in the year of our Lord, Two Thousand Sixteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. The following messages from the Governor were received and read: April 7, 2016 I respectfully submit to the Senate the following appointment to office: State Board of Architects Dan Lamble of 305 Starr Drive, Troy, Michigan 48083, county of Oakland, representing architects, succeeding himself, is reappointed for a term expiring March 31, 2020. April 7, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Freedom Trail Commission Roy E. Finkenbine of 30850 Puritan Street, Livonia, Michigan 48154, county of Wayne, representing members of the academic community, succeeding himself, is reappointed for a term expiring February 1, 2020. Charles D. Teeter of 3924 Harvard Road, Detroit, Michigan 48224, county of Wayne, representing a local community in which the Underground Railroad had presence, succeeding Lottie V. Jones Hood, is appointed for a term expiring February 1, 2020. April 7, 2016 I respectfully submit to the Senate the following appointments to office: State Board of Professional Engineers Michael T. Drewyor of 1101 Agate Street, Houghton, Michigan 49931, county of Houghton, representing professional engineers, who is also a member of the Board of Professional Surveyors, succeeding himself, is reappointed for a term expiring March 31, 2020. James C. Stevens of 32988 Thorndyke Court, Farmington Hills, Michigan 48334, county of Oakland, representing professional engineers, succeeding himself, is reappointed for a term expiring March 31, 2020. April 7, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Women’s Commission Jan Peabody of 810 Peppermill Circle, Lapeer, Michigan, county of Lapeer, succeeding Mary Whiteford, is appointed for a term expiring July 15, 2016. 566 JOURNAL OF THE SENATE [April 26, 2016] [No. 39 April 18, 2016 I respectfully submit to the Senate the following appointments to office: Board of Health and Safety Compliance and Appeals Craig Chunchick of 6936 Yorktown Lane, Shelby Township, Michigan 48317, county of Macomb, representing management in the health field, succeeding himself, is reappointed for a term expiring March 18, 2020. Donald L. Coleman of 8562 S. McClelland Road, Ashley, Michigan 48806, county of Gratiot, representing labor in the consutruction industry, succeeding himself, is reappointed for a term expiring March 18, 2020. Kim Dennison of 6225 West Grand River Road, Laingsburg, Michigan 48848, county of Shiawassee, representing labor in the health industry, succeeding Henry Yanez, is appointed for a term expiring March 18, 2017. April 18, 2016 I respectfully submit to the Senate the following appointments to office: State Board of Professional Surveyors Michael T. Drewyor of 1101 Agate Street, Houghton, Michigan 49931, county of Houghton, representing professional surveyors, who is also a member of the Board of Professional Engineers, succeeding himself, is reappointed for a term expiring March 31, 2020. Ginger L. Michalski-Wallace of 8943 Sunflower Drive, Whitmore Lake, Michigan 48189, county of Washtenaw, represent­ ing professional surveyors, succeeding herself, is reappointed for a term expiring March 31, 2020. April 18, 2016 I respectfully submit to the Senate the following appointment to office: Director - Michigan Veterans Affairs Agency James Robert Redford of 1535 Groton Road, S.E., East Grand Rapids, Michigan 49506, county of Kent, is appointed for a term commencing April 25, 2016, and expiring at the pleasure of the Governor. April 19, 2016 I respectfully submit to the Senate the following appointment to the office: 21st Century Infrastructure Commission Benjamin J. LaCross of 6433 E. Lingaur Road, Lake Leelanau, Michigan 49653, county of Leelanau, succeeding Sue Foune, is appointed for a term expiring at the pleasure of the Governor. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Schmidt as Chair­ person. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 564, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2690 (MCL 333.2690). Senate Bill No. 565, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13k of chapter XVII (MCL 777.13k), as amended by 2012 PA 539. House Bill No. 4187, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 377d; and to repeal acts and parts of acts. No. 39] [April 26, 2016] JOURNAL OF THE SENATE 567 House Bill No. 5163, entitled A bill to amend 2003 PA 258, entitled “Land bank fast track act,” by amending section 18 (MCL 124.768); and to repeal acts and parts of acts. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 753, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 16283, 16284, 16285, 16286, 16287, 16288, and 16289. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senator Ananich entered the Senate Chamber. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 331, entitled A bill to amend 1986 PA 119, entitled “An act to regulate the business of buying or receiving used motor vehicle parts; to prescribe the powers and duties of certain state and local officers; and to provide penalties,” by amending sections 1, 2, and 4 (MCL 257.1351, 257.1352, and 257.1354) and by adding section 2a. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 190 Yeas—35 Ananich Hansen Knollenberg Rocca Bieda Hertel Kowall Schmidt Booher Hildenbrand MacGregor Schuitmaker Brandenburg Hood Marleau Shirkey Casperson Hopgood Meekhof Stamas Colbeck Horn O’Brien Warren Emmons Hune Pavlov Young Green Jones Proos Zorn Gregory Knezek Robertson Nays—0 Excused—1 Johnson Not Voting—1 Nofs In The Chair: O’Brien 568 JOURNAL OF THE SENATE [April 26, 2016] [No. 39 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: House Bill No. 5278 House Bill No. 4793 The motion prevailed. The following bill was read a third time: House Bill No. 5278, entitled A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sections 306 and 307 (MCL 280.306 and 280.307). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 191 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to codify the laws relating to the laying out of drainage districts, the consolidation of drainage districts, the construction and maintenance of drains, sewers, pumping equipment, bridges, culverts, fords, and the structures and mechanical devices to properly purify the flow of drains; to provide for flood control projects; to provide for water management, water management districts, and subdistricts, and for flood control and drainage projects within drainage No. 39] [April 26, 2016] JOURNAL OF THE SENATE 569 districts; to provide for the assessment and collection of taxes; to provide for the investment of funds; to provide for the deposit of funds for future maintenance of drains; to authorize public corporations to impose taxes for the payment of assessments in anticipation of which bonds are issued; to provide for the issuance of bonds by drainage districts and for the pledge of the full faith and credit of counties for payment of the bonds; to authorize counties to impose taxes when necessary to pay principal and interest on bonds for which full faith and credit is pledged; to validate certain acts and bonds; and to prescribe penalties,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4793, entitled A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 434 (MCL 330.1434), as amended by 1995 PA 290. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 192 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health or substance use disorder services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness, substance use disorder, or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness, substance use disorder, or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. 570 JOURNAL OF THE SENATE [April 26, 2016] [No. 39 By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. enator Casperson offered the following resolution: S Senate Resolution No. 165. A resolution commemorating April 2016 as Distracted Driving Awareness Month. Whereas, Distracted driving claims the lives of thousands of people each year and causes hundreds of thousands of injuries; and Whereas, The National Highway Traffic Safety Administration reports that 94 percent of car crashes are the result of driver error; and Whereas, 2014 Michigan statistics report there were 298,699 crashes, 806 fatal crashes, and 378 persons injured; and Whereas, 2015 preliminary estimates show distracted driving crashes nationwide have increased 8 percent over 2014, which is the largest percentage increase in 50 years; and Whereas, 175 individuals in Michigan have been killed by automobile crashes since January 2016, up 25 from 2015; and Whereas, According to the Centers for Disease Control and Prevention, 69 percent of U.S. drivers ages 18-64 say they have talked on their phone while driving, and 31 percent say they have read or sent e-mail or text messages while driving; and Whereas, The improved health and well-being of Michigan citizens are a direct result of increased awareness about the dangers of distracted driving; and Whereas, Local communities across the state and the Michigan Teen Safe Driving Coalition are committed to reducing the number of traffic deaths and injuries in the state of Michigan by educating motorists and bringing awareness to dangerous driving behaviors; and Whereas, The campaign against distracted driving has also been immensely aided by law enforcement efforts in Michigan; and Whereas, A month dedicated to programs and activities about distracted driving will greatly raise awareness; now, there­ fore, be it Resolved by the Senate, That we hereby recognize April 2016 as Distracted Driving Awareness Month in the state of Michigan; and be it further Resolved, That a copy of this resolution be transmitted to the family of Kelsey Raffaele. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Brandenburg, Hansen, Hood, Knollenberg, Kowall, Marleau, O’Brien and Proos were named co‑sponsors of the resolution. Introduction and Referral of Bills Senator Nofs introduced Senate Bill No. 914, entitled A bill to amend 1976 PA 390, entitled “Emergency management act,” by amending section 18 (MCL 30.418), as amended by 2013 PA 109. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator O’Brien introduced Senate Bill No. 915, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding sec­ tion 3406u. The bill was read a first and second time by title and referred to the Committee on Health Policy. No. 39] [April 26, 2016] JOURNAL OF THE SENATE 571 Senator O’Brien introduced Senate Bill No. 916, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 2501 and 2502 (MCL 324.2501 and 324.2502), as added by 1995 PA 60, and by adding sections 2512 and 2513; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Natural Resources. Senators MacGregor, Jones, Stamas, Knezek, Marleau and Schuitmaker introduced Senate Bill No. 917, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 9 (MCL 259.9), as amended by 2002 PA 35, and by adding section 96. The bill was read a first and second time by title and referred to the Committee on Transportation. Senator Bieda introduced Senate Bill No. 918, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 163 (MCL 168.163), as amended by 2012 PA 276. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senators Shirkey and Stamas introduced Senate Bill No. 919, entitled A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending the title and section 6s (MCL 460.6s), the title as amended by 2005 PA 190 and section 6s as added by 2008 PA 286. The bill was read a first and second time by title and referred to the Committee on Energy and Technology. Senators Marleau, Jones and Kowall introduced Senate Bill No. 920, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 531 and 533 (MCL 436.1531 and 436.1533), section 531 as amended by 2014 PA 135 and section 533 as amended by 1998 PA 416. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Statements Senators Knollenberg and Ananich asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Knollenberg’s statement is as follows: I’m here today because I lost a friend. Many of us knew this friend because we all considered him to be a friend. He was a friend and a part of my family. He was a friend whom I associated with in business. I was a client of his, and he was a client of mine. We were friends in a social setting. He is someone I have known for over 35 years. My friend is Paul Welday. I woke up this morning about 5:15, looked at my phone, and started to see some messages come to me. At first, I didn’t believe it. He is 57 years old. As these messages started to come in, I had tears in my eyes. I felt like a dagger 572 JOURNAL OF THE SENATE [April 26, 2016] [No. 39 was put through my heart. I don’t have many people whom I can say this about, other than my mom, dad, my wife, and my brother. This person was a part of our family. We are all involved in politics here. Many of you know that my dad was involved in politics going back to the 1970s. You may wonder how I got involved in politics, and you may assume that it is because of my father. That was not the case at all. It was because of Paul Welday. He encouraged me to run for precinct delegate. He encouraged me to run for county commissioner, and frankly, I didn’t even know what a county commissioner did back then. He encouraged me to run for State Representative, and the rest is history. Obviously, my parents were very supportive of me, but they never pushed me. Paul Welday did. I believe that he did because he saw something in me. He wanted good people involved in politics, and he thought that I fit that bill. He didn’t just mentor me. I know he mentored a lot of you here in this room. I owe my being here today to him. I mentioned that he was a business client of mine and I was of his. I sold my very first insurance policy to Paul Welday, and we weren’t the cheapest. He did it out of faith in me and my family, and he helped me get started in my insurance career. I, obviously, returned the favor and became a client of his. He was my dad’s chief of staff for 16 years. My dad actually hired him shortly after college as a political director for the Oakland County Republican Party. We go back a long way. There are not many people whom I had this type of relationship with and whom I can call a business partner, a social friend, a political friend, a friend, and a family member. I told my wife this morning, and she wasn’t even out of bed. I felt I had to break the news to her and my mother as well. This person was important to all of our family members. Many of us know Paul, but you may also know his wife Val. Paul leaves behind a 5-year-old daughter and also an autistic young man. He had a passion for autism. Paul’s heart was in the right spot. I can’t believe that I’m not crying, because that’s what I did first thing this morning. I just hope that you will all remember him. I should also say that he loved politics, and he loved to debate. He knew his political issues frontwards and backwards, and he knew the pros and the cons. I went to him on a number of issues trying to get a handle on what the pros and cons were of a particular issue. He was very helpful to me and to many of you. As policymakers, we should understand all sides of issues, and he was one of those people to whom I went to understand these issues. If you didn’t agree with him, that was OK with him. He would agree to disagree with you. I know he has a number of friends on the other side of the aisle. He loved to debate, and he loved the issues. Unfortunately, I don’t think we see enough of that—let’s just agree to disagree sometimes. He is a person whom we should all remember. I’m going to miss him. Our hearts should go out to him, his wife Val— who many of you know because she is currently working in the House of Representatives for Representative Heise—his family, and his children. Prayers to Paul Welday and his family. A moment of silence was observed in memory of Republican Party consultant Paul Welday. enator Ananich’s statement is as follows: S I rise to speak about a different matter, but I would like to take a moment, as I did in the elevator on the way here, to offer condolences to my friend and colleague, Senator Knollenberg, on the passing of his friend. I would also like to extend condolences to his family and friends, and may he rest in peace. Yesterday marked the two-year anniversary of the Flint water switch orchestrated by emergency managers and executed by Darnell Earley. People in Flint still do not have clean water and still do not have justice. Now over the weekend, we find out that Earley, after his string of failures all across the state, is now trying to bill taxpayers in my town thousands of dollars for his legal fees. That’s on top of more than half a million dollars that the state gave him in taxpayer-funded salaries—half a million dollars to do what he did. Stories this morning tell us that while Earley was emergency manager for Detroit schools, he misused, misplaced— whatever you want to call it—$30 million in federal funds that were supposed to cover pensions; that on top of his allowing the Detroit schoolchildren and teachers under his care to suffer through horrible learning conditions with mold and unsafe buildings. Well, enough is enough. The people of my community have suffered enough, the school kids have been let down enough, and the taxpayers have paid enough for these emergency managers and their failures. I am working on legislation to ban this ridiculous practice of allowing local communities, through no fault of their own, to be on the hook for legal fees of failed state appointees, and I would welcome your support. We will need to go even further to protect our citizens from the dangers of these so-called managers. Committee Reports The Committee on Transportation reported Senate Bill No. 595, entitled A bill to amend 1963 PA 181, entitled “Motor carrier safety act of 1963,” by amending section 5 (MCL 480.15), as amended by 2013 PA 263. No. 39] [April 26, 2016] JOURNAL OF THE SENATE 573 ith the recommendation that the substitute (S-1) be adopted and that the bill then pass. W The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Transportation reported Senate Bill No. 706, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 725 (MCL 257.725), as amended by 1998 PA 247. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill was referred to the Committee of the Whole. The Committee on Transportation reported Senate Bill No. 707, entitled A bill to amend 1969 PA 200, entitled “An act to regulate driveways, banners, events, and parades upon and over highways; to provide for the promulgation of rules; to prescribe requirements for the issuance of permits; and to provide for the issuance of those permits,” by amending section 7 (MCL 247.327). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov and Marleau Nays: None The bill was referred to the Committee of the Whole. The Committee on Transportation reported Senate Bill No. 708, entitled A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 19b of chapter IV (MCL 224.19b), as added by 1980 PA 212. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill was referred to the Committee of the Whole. 574 JOURNAL OF THE SENATE [April 26, 2016] [No. 39 COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, April 21, 2016, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood The Committee on Agriculture reported Senate Bill No. 504, entitled A bill to amend 1995 PA 279, entitled “Horse racing law of 1995,” by amending sections 2, 7, 10, 12, 14, 17, 18, 19, 19a, and 22 (MCL 431.302, 431.307, 431.310, 431.312, 431.314, 431.317, 431.318, 431.319, 431.319a, and 431.322), section 2 as amended by 2006 PA 445, sections 7, 10, and 12 as amended by 2000 PA 164, and sections 14, 17, and 18 as amended and section 19a as added by 1998 PA 408. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Schmidt, Booher and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Agriculture reported Senate Bill No. 505, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14d of chapter XVII (MCL 777.14d), as added by 2002 PA 29. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Schmidt, Booher and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Agriculture reported House Bill No. 5189, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 36101, 36104, 36109, and 36110 (MCL 324.36101, 324.36104, 324.36109, and 324.36110), section 36101 as amended by 2008 PA 336, sections 36104 and 36110 as amended by 1996 PA 233, and section 36109 as amended by 2007 PA 174; and to repeal acts and parts of acts. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Green, Schmidt, Booher and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Agriculture reported House Bill No. 5190, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 51 (MCL 206.51), as amended by 2015 PA 180, and by adding section 312. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson No. 39] [April 26, 2016] JOURNAL OF THE SENATE 575 To Report Out: Yeas: Senators Hune, Green, Schmidt, Booher and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Agriculture reported House Bill No. 5191, entitled A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 30 (MCL 205.30), as amended by 2014 PA 424. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Green, Schmidt, Booher and Johnson Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Agriculture submitted the following: T Meeting held on Thursday, April 21, 2016, at 8:30 a.m., Room 110, Farnum Building Present: Senators Hune (C), Green, Schmidt, Booher and Johnson The Committee on Appropriations reported Senate Bill No. 789, entitled A bill to make appropriations for the department of health and human services for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 791, entitled A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson 576 JOURNAL OF THE SENATE [April 26, 2016] [No. 39 To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 793, entitled A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Tuesday, April 19, 2016, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young The Committee on Appropriations reported Senate Bill No. 777, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 785, entitled A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau and Gregory Nays: Senators Hopgood, Hertel, Knezek and Young The bill and the substitute recommended by the committee were referred to the Committee of the Whole. No. 39] [April 26, 2016] JOURNAL OF THE SENATE 577 The Committee on Appropriations reported Senate Bill No. 788, entitled A bill to make appropriations for the legislature, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, the department of talent and economic development, and certain state purposes related thereto for the fiscal year ending September 30, 2017; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau and Hopgood Nays: Senator Gregory The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, April 20, 2016, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young COMMITTEE ATTENDANCE REPORT he Committee on Finance submitted the following: T Meeting held on Tuesday, April 26, 2016, at 8:30 a.m., Room 210, Farnum Building Present: Senators Brandenburg (C), Robertson, Casperson, Proos, Bieda and Warren Excused: Senator Knollenberg Scheduled Meetings Appropriations Subcommittee State Police and Military Affairs - Tuesday, May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Commerce - Wednesday, April 27, 9:00 a.m., Room 210, Farnum Building (373-5312) Criminal Justice Policy Commission - Wednesday, May 4, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Energy and Technology - Wednesday, April 27, 8:00 a.m., and Thursday, April 28, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Legislative Council - Wednesday, May 4, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Natural Resources - Wednesday, April 27, 12:30 p.m., Room 210, Farnum Building (373-1721) Transportation - Thursday, April 28, 8:30 a.m., Room 210, Farnum Building (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:05 a.m. 578 JOURNAL OF THE SENATE [April 26, 2016] [No. 39 The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Wednesday, April 27, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 40 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Wednesday, April 27, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—excused Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 580 JOURNAL OF THE SENATE [April 27, 2016] [No. 40 enator Marty Knollenberg of the 13th District offered the following invocation: S Dear Lord, before we begin our work in the Senate today, let us take a moment to reflect. This has been a difficult week of loss for me, and many of you may feel the same. I’ve been reflecting on what is most important—God, family, our state, and nation. As Senators, we are blessed with an amazing opportunity to serve and to help people, but our time is limited. We are limited by our own mortality, and we have no way to know how much time we have. Let us pledge that we let our loved ones know that they are loved. Let us pledge to live each day to the fullest and to make it count. Let us pledge to reach across the aisle and work together. Lord, our time together may be limited, but the opportunities we have for our constituents are limitless. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senator Casperson be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Ananich and Young be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Johnson be excused from today’s session. S The motion prevailed. The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, April 26: House Bill Nos. 4814 5024 5332 5333 5334 5335 5336 5337 5338 5339 5340 The Secretary announced that the following House bill was received in the Senate and filed on Wednesday, April 27: House Bill No. 5291 The Secretary announced that the following bills and joint resolutions were printed and filed on Tuesday, April 26, and are available at the Michigan Legislature website: Senate Bill Nos. 914 915 916 917 918 919 920 House Bill Nos. 5592 5593 5594 5595 5596 5597 5598 5599 5600 5601 5602 House Joint Resolutions II JJ Messages from the Governor The following messages from the Governor were received: Date: April 26, 2016 Time: 9:46 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 508 (Public Act No. 89), being An act to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” (MCL 750.1 to 750.568) by adding section 145e. (Filed with the Secretary of State on April 26, 2016, at 1:04 p.m.) Date: April 26, 2016 Time: 9:49 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 509 (Public Act No. 90), being An act to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to No. 40] [April 27, 2016] JOURNAL OF THE SENATE 581 provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” (MCL 750.1 to 750.568) by adding section 145f. (Filed with the Secretary of State on April 26, 2016, at 1:06 p.m.) Respectfully, Brian Calley Acting and Lieutenant Governor By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. enators Bieda and Kowall offered the following resolution: S Senate Resolution No. 166. A resolution to recognize May 3, 2016, as the 225th Anniversary of the ratification of the 1791 Polish Constitution. Whereas, The Polish Constitution is widely known to be the first democratic constitution in Europe and the second in the world after the Constitution of the United States; and Whereas, The Polish Constitution was inspired by the political thinking of the European Enlightenment and the Constitution of the United States, and it serves as a symbol of unity, tolerance, love of freedom, and democracy; and Whereas, The Polish Constitution serves as the most important, creative, and patriotic achievement of Polish citizens on behalf of their republic and as a universal symbol of brotherhood for all people of Polish descent; and Whereas, The Polish Constitution is the culmination of work in Polish humanities, economics, politics, and law over the course of centuries; now, therefore, be it Resolved by the Senate, That the members of this legislative body recognize May 3, 2016, as the 225th Anniversary of the ratification of the 1791 Polish Constitution; and be it further Resolved, That a copy of this resolution be transmitted to the Polish Mission of the Orchard Lake Schools, the oldest Polish cultural and educational organization in the United States, established in 1885. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Brandenburg, Hansen, Hertel, Jones, Knollenberg, MacGregor, Proos, Rocca, Schmidt, Warren, Ananich and Hopgood were named co‑sponsors of the resolution. Senator Casperson entered the Senate Chamber. enator Hune offered the following resolution: S Senate Resolution No. 167. A resolution proclaiming May 2-6, 2016, as InfantSEE® Week in Michigan. Whereas, The most critical stages of vision development occur in the first year of a child’s life; and Whereas, Undetected eye and vision problems can lead to permanent vision impairment or loss of life; and Whereas, 1 in 10 children is at risk from undiagnosed eye and vision problems; and Whereas, 1 in 30 children will be affected by amblyopia – a leading cause of vision loss in people younger than 45 years old; and Whereas, Undetected vision problems can contribute to a decrease in a child’s quality of life and may lead to developmental and behavioral difficulties which impede classroom learning, as well as increase the costs to society; and Whereas, Early detection of vision problems is the best way to treat and prevent permanent vision impairment; and Whereas, Member optometrists of the American Optometric Association and The Vision Care Institute of Johnson & Johnson Vision Care, Inc., have partnered to create InfantSEE®, a public health program to provide a one-time, no-cost eye assessment for infants six to twelve months old; now, therefore, be it 582 JOURNAL OF THE SENATE [April 27, 2016] [No. 40 Resolved by the Senate, That the members of this legislative body hereby proclaim May 2-6, 2016, as InfantSEE® Week in the state of Michigan. Our aim is to promote awareness of children’s vision care; and be it further Resolved, That copies of this resolution be transmitted to the Michigan Optometric Association with our highest esteem. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Hansen, Hertel, Jones, Knollenberg, MacGregor, Proos, Rocca, Schmidt, Warren, Ananich and Hopgood were named co‑sponsors of the resolution. enators Warren and Schuitmaker offered the following resolution: S Senate Resolution No. 168. A resolution to commemorate April 2016 as Sexual Assault Awareness Month. Whereas, Sexual Assault Awareness Month is intended to draw attention to the fact that sexual violence is widespread and impacts every community; and Whereas, Sexual assault is broadly defined as any form of unwanted sexual contact without consent through the use of force, threat of force, intimidation, or coercion; and Whereas, Rape, sexual assault, and sexual harassment impact our communities, as seen by statistics indicating that 1 in 5 women and 1 in 71 men will be raped at some point in their lives; and Whereas, Child sexual abuse prevention must be a priority to confront the reality that 1 in 6 boys and 1 in 4 girls will experience a sexual assault before age 18; and Whereas, Michigan State Police statistics indicate that 11,873 sexual assault-related offenses were reported to law enforcement in 2013; and Whereas, Sexual violence can deeply and enduringly impact survivors on psychological, emotional, and social levels; and Whereas, Access to informed and supportive services can greatly increase survivors’ ability to heal from sexual assault; and Whereas, Our state and individual communities must be committed to hold sexual assault perpetrators accountable for their heinous crimes; and Whereas, We must work together to educate our community about sexual violence prevention, supporting survivors, and speaking out against harmful attitudes and actions; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate April 2016 as Sexual Assault Awareness Month in the state of Michigan. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Colbeck, Hansen, Hertel, Hood, Jones, Knollenberg, MacGregor, Proos, Rocca, Schmidt, Ananich and Hopgood were named co‑sponsors of the resolution. Senators Warren and Schuitmaker asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Warren’s statement is as follows: We rise to ask for your support of Senate Resolution Nos. 168 and 169 to designate April as Sexual Assault Awareness Month and Campus Sexual Assault Awareness and Prevention Month. We are rising today because sexual assault does not discriminate by party or political belief, and we are united in our stance together in a bipartisan way. Sexual assault is a crime that affects nearly everyone here in our state in some way. Statistics indicate that 1 in 5 women and 1 in 7 men will be sexually assaulted at some point in their lives. According to the Michigan State Police, 11,873 sexual assault-related offenses were reported to law enforcement here in our state in 2013, but we also know that sexual assault is one of the most significantly underreported crimes that we have. One of the most important things that we can do as a Legislature is let people know that this is happening, that it’s a real problem, and that we need to encourage victims to come forward and report their crimes so that we can get them the help that they need appropriately and quickly. We are here today to ask you to support Senate Resolution No. 168 to designate April as Sexual Assault Awareness Month in recognition of this problem and in the hopes that our voices here will play some part in finding a solution to this significant problem. No. 40] [April 27, 2016] JOURNAL OF THE SENATE 583 Senator Schuitmaker’s statement is as follows: Sexual assault is particularly a challenge on college campuses, but colleges and universities are in a unique position to help create and foster an environment where sexual abuse is intolerable, and prevention is a priority. Michigan is blessed to have amazing universities that are preparing our students to be successful in life. Our students should be able to learn without fear of being assaulted. That is why Senator Warren and I and our House colleagues have partnered with First Lady Sue Snyder on the Let’s End Campus Sexual Assault initiative. Last June, the task force brought together 500 university students, law enforcement stakeholders, and legislators for a discussion about the best way to inform our students, empower survivors and bystanders, and prevent sexual assault on college campuses. Since then, the Campus Sexual Assault Grant Program has awarded a total of $500,000 to 22 universities around the state supporting programs designed to end sexual assault. We thank you for your consideration of these resolutions and this important week. We ask for your support of these resolutions. enator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Meekhof admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. enators Schuitmaker and Warren offered the following resolution: S Senate Resolution No. 169. A resolution to commemorate April 2016 as Campus Sexual Assault Awareness and Prevention Month. Whereas, Campus sexual violence is a prevalent and serious public health concern, and according to the National Sexual Violence Resource Center, 1 in 5 women and 1 in 16 men will be sexually assaulted in college; and Whereas, A survey by the Association of American Universities found that 26 percent of female college seniors reported experiencing unwanted sexual contact; and Whereas, A report by the U.S. Department of Justice discovered that only 20 percent of female student survivors age 18-24 reported offenses to law enforcement; and Whereas, The long-term effects of sexual assault can impact students in a variety of ways, including physically, mentally, and academically; and Whereas, Colleges and universities are in a unique position to help create and foster an environment where sexual abuse is intolerable and prevention is a priority; and Whereas, Effective strategies can help address the root causes of sexual violence, and a change in culture is crucial to ending campus sexual assault; and Whereas, We must work with our colleges and universities to educate our entire population about what can be done to prevent sexual assault, support survivors, and ensure that survivors are not re-victimized; and Whereas, When we actively increase education, awareness, and community involvement, we can help prevent sexual violence and create a safer environment for everyone; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate April 2016 as Campus Sexual Assault Awareness and Prevention Month in the state of Michigan; and be it further Resolved, That we strongly support the efforts of national, state, and local partners and every citizen to actively engage in public and private efforts to prevent sexual violence on college campuses. We will also take appropriate action and support one another to create a safer environment for students, faculty, staff, and surrounding communities. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Colbeck, Hansen, Hertel, Hood, Jones, Knollenberg, MacGregor, Proos, Rocca, Schmidt, Ananich and Hopgood were named co‑sponsors of the resolution. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Hildenbrand as Chairperson. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4636, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1202 (MCL 500.1202), as amended by 2014 PA 150. 584 JOURNAL OF THE SENATE [April 27, 2016] [No. 40 Senate Bill No. 756, entitled A bill to repeal 1982 PA 26, entitled “An act to provide for emergency financial assistance for certain school districts; to prescribe certain powers and duties of intermediate school boards, local school boards, the state board of education, the state treasurer, and the auditor general; to create an emergency loan revolving fund; to make an appropriation; and to prescribe penalties,” (MCL 388.811 to 388.829). Senate Bill No. 757, entitled A bill to repeal 1962 PA 198, entitled “An act to authorize the state board of control for vocational education to accept federal funds with which to establish a program to alleviate conditions of persistent unemployment and underemployment in certain economically distressed areas,” (MCL 395.71 to 395.73). Senate Bill No. 758, entitled A bill to repeal 1964 PA 28, entitled “An act to transfer the powers, duties and functions of the state board of control for vocational education to the state board of education,” (MCL 395.21). Senate Bill No. 759, entitled A bill to repeal 1931 PA 205, entitled “An act to require the teaching of civics and political science in high schools, county normals and colleges, to prohibit the granting of diplomas, and degrees to students not successfully completing said courses, and to provide penalties for the violation thereof,” (MCL 388.372). Senate Bill No. 760, entitled A bill to repeal 1966 PA 156, entitled “An act to provide state scholarships for students in the field of special education; and to make an appropriation therefor,” (MCL 388.1051 to 388.1055). Senate Bill No. 761, entitled A bill to repeal 1974 PA 299, entitled “Education for the gifted and/or academically talented act,” (MCL 388.1091 to 388.1094). Senate Bill No. 762, entitled A bill to repeal 1964 PA 238, entitled “An act to authorize the state of Michigan, boards of supervisors, local governing boards and school districts to appropriate moneys to foster and maintain demonstration educational and work experience programs through a special job upgrading program for unemployed, out of work, school dropouts; define the powers and duties of the superintendent of public instruction; and to provide for appropriations,” (MCL 395.171 to 395.175). Senate Bill No. 763, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 51a and 58 (MCL 388.1651a and 388.1658), section 51a as amended by 2015 PA 85 and section 58 as amended by 1997 PA 93. Senate Bill No. 764, entitled A bill to repeal 1919 PA 149, entitled “An act to accept the requirements and benefits of an act of the sixty-fourth congress of the United States, approved February 23, 1917, known as the Smith-Hughes act, or Public Act No. 347, relating to appropriations to be made by the federal government to the several states for the support and control of instruction in agriculture, the trades, industries, and home economics, and for the preparation of teachers of vocational subjects; to designate a state board of control for vocational education; to provide for the proper custody and administration of funds received by the state from such appropriations; and to provide for appropriations by the state and by local school authorities to meet the conditions of said act of congress,” (MCL 395.1 to 395.10). Senate Bill No. 765, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 684 (MCL 380.684), as amended by 2007 PA 45; and to repeal acts and parts of acts. No. 40] [April 27, 2016] JOURNAL OF THE SENATE 585 Senate Bill No. 766, entitled A bill to amend 1964 PA 287, entitled “An act to provide for the organization and functions of the state boards of education under the constitutions of 1908 and 1963; to provide for the appointment and functions of the superintendent of public instruction under the constitution of 1963; and to repeal certain acts and parts of acts,” by amending section 8b (MCL 388.1008b). Senate Bill No. 767, entitled A bill to repeal 1964 PA 44, entitled “An act to authorize the state board of control for vocational education to accept federal funds as provided under the provisions of federal law,” (MCL 395.31 to 395.34). The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 754, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 626, 684, 1230d, 1277, 1288, 1310a, 1525, 1535a, 1539b, 1711, and 1751 (MCL 380.626, 380.684, 380.1230d, 380.1277, 380.1288, 380.1310a, 380.1525, 380.1535a, 380.1539b, 380.1711, and 380.1751), section 684 as amended by 2007 PA 45, sections 1230d, 1535a, and 1539b as amended by 2006 PA 680, section 1277 as amended by 1997 PA 179, section 1310a as amended by 2000 PA 230, section 1525 as amended by 2004 PA 596, and sections 1711 and 1751 as amended by 2008 PA 1; and to repeal acts and parts of acts. Substitute (S-1). The following are the amendments to the substitute recommended by the Committee of the Whole: 1. Amend page 20, line 8, by striking out “STATE” and inserting “1 OR BOTH OF THE FOLLOWING APPLY: (i) STATE”. 2. Amend page 20, following line 9, by inserting: “(ii) THE MODIFICATION OR ADDITION WILL REDUCE OR ELIMINATE A REPORTING REQUIREMENT.”. 3. Amend page 23, line 23, after “by” by striking out “Michigan educational assessment program,” and inserting “THE MICHIGAN STUDENT TEST OF EDUCATIONAL PROGRESS (M-STEP),”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 755, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 13, 18, 19, 51a, and 58 (MCL 388.1613, 388.1618, 388.1619, 388.1651a, and 388.1658), section 13 as amended by 2004 PA 351, section 18 as amended by 2015 PA 114, section 19 as amended by 2014 PA 196, section 51a as amended by 2015 PA 85, and section 58 as amended by 1997 PA 93. Substitute (S-1). The following are the amendments to the substitute recommended by the Committee of the Whole: 1. Amend page 4, line 16, after “UNLESS” by striking out “STATE” and inserting “1 OR BOTH OF THE FOLLOWING APPLY: (i) STATE”. 2. Amend page 4, following line 18, by inserting: “(ii) THE MODIFICATION OR ADDITION WILL REDUCE OR ELIMINATE A REPORTING REQUIREMENT.”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senators Ananich and Young entered the Senate Chamber. By unanimous consent the Senate returned to the order of Motions and Communications Senator Meekhof asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. 586 JOURNAL OF THE SENATE [April 27, 2016] [No. 40 enator Meekhof’s statement is as follows: S I rise today to recognize a member of my staff and a long-serving member of the Senate staff who is moving on to bigger and better things. Friday will be Pete Langley’s last day working in my office. Pete’s career in the Michigan Senate started in 1997 as the director of constituent relations for Senator Phil Hoffman. Pete went on to become Senator Alan Sanborn’s chief of staff. He left for a time to join the Jackson County Prosecutor’s Office and returned to the Senate as policy director for Majority Leader Richardville. Pete transitioned from the former Majority Leader’s office to my staff, where he has served as deputy chief of staff and legislative director since the start of my time as the Majority Leader. His years of experience have made him a valuable person to have around, and I can assure you that I will miss having him as a staff person and an advisor. Pete has been willing to take on any task assigned. He is tireless in his dedication to the Senate and his pursuit of sound policy. In addition to his professional attributes, Pete’s humor and personality are well-known and appreciated. He will be sorely missed, most of the time. I wish him success in his new position. I’m sure we will run into him from time to time. Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 564 Senate Bill No. 565 House Bill No. 4187 House Bill No. 5163 Senate Bill No. 753 The motion prevailed. The following bill was read a third time: Senate Bill No. 564, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2690 (MCL 333.2690). The question being on the passage of the bill, Senator Gregory offered the following amendments: 1. Amend page 1, line 1, after “2690.” by striking out “(1)”. 2. Amend page 1, line 5, by striking out all of subsection (2). The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 193 Yeas—9 Ananich Hertel Hopgood Warren Bieda Hood Knezek Young Gregory Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson No. 40] [April 27, 2016] JOURNAL OF THE SENATE 587 Excused—1 Johnson Not Voting—0 In The Chair: O’Brien Senator Hertel offered the following amendment: 1. Amend page 2, following line 16, by inserting: “Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 466 of the 98th Legislature is enacted into law.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 194 Yeas—10 Ananich Hertel Knezek Warren Bieda Hood Rocca Young Gregory Hopgood Nays—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Excused—1 Johnson Not Voting—0 In The Chair: O’Brien Senator Young offered the following amendment: 1. Amend page 2, following line 16, by inserting: “Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 467 of the 98th Legislature is enacted into law.”. The amendment was not adopted, a majority of the members serving not voting therefor. 588 JOURNAL OF THE SENATE [April 27, 2016] enator Hood requested the yeas and nays. S The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 195 Yeas—10 Ananich Hertel Knezek Warren Bieda Hood Rocca Young Gregory Hopgood Nays—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Excused—1 Johnson Not Voting—0 In The Chair: O’Brien he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 196 Yeas—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Nays—10 Ananich Hertel Knezek Warren Bieda Hood Rocca Young Gregory Hopgood [No. 40 No. 40] [April 27, 2016] JOURNAL OF THE SENATE 589 Excused—1 Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. Senators Gregory, Young and Colbeck asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Gregory’s statement is as follows: This amendment is simple. It strikes Section 2 from Senate Bill No. 564. Senate Bill No. 564 would establish unreasonable barriers to transporting donated fetal tissue for research. The current language would make it a five-year felony for paying medical waste companies to transport donated fetal tissue to research labs—a five-year felony. Fetal tissue research has led to lifesaving vaccinations and treatments for polio, measles, shingles, rabies, and hepatitis A, among other diseases and conditions. Just last month, fetal tissue findings on the Zika virus were published. In fact, the United States Department of Health and Human Services recognizes the value of fetal tissue as a critical resource for lifesaving research for many diseases and debilitating conditions. Colleagues, this bill will severely limit Michigan’s ability to engage in transformative research that saves lives. This would be a massive step backwards for this state. I strongly urge your support for this amendment. enator Young’s statement is as follows: S My amendment tie-bars Senate Bill No. 564 to Senate Bill No. 467, which is a bill that requires comprehensive sex education in Michigan’s schools. It’s no secret that these bills are yet another sneak attack on women’s reproductive health. On that issue, our state is moving backwards when it comes to women’s health. This Legislature has implemented a number of restrictive abortion measures under the guise of protecting women and children. Comprehensive research on this subject tells us that states with more abortion restrictions have worse health outcomes for women and children. I would love to know how exactly you think you’re protecting their health and well-being when all the evidence says otherwise. I’d like to change that. One way to help our children grow into healthy adults is by providing medicallyaccurate, objective, and age-appropriate sex education. The benefits are huge. Comprehensive sex education results in later and safer initiation of sex, reducing the rate of teen pregnancies and abortions. You can say that I’m off base by connecting Senate Bill No. 564 and Senate Bill No. 565 to the need for comprehensive sex education, but we all see through the alleged motivation behind these bills. Colleagues, it’s already illegal to profit off of fetal tissue. Further, there is absolutely zero indication that it’s a problem in Michigan. The dreadful videos that inspired this legislation have been debunked, disproved, and discredited. State investiga­ tions across the country have found nothing. Let’s not be bamboozled by a premise that has already been discredited. I strongly encourage you all to support my amendment to make a real difference for women and children in this state. enator Colbeck’s statement is as follows: S Some of the colleagues over on the other side of the aisle appear to have some facts mixed up, and I just want to make sure that my colleagues are aware of what the truth is on such matters. First of all, I heard specifically that the sale of fetal tissue doesn’t exist because it is prohibited by law. I think anybody who has seen the Center for Medical Progress videos would understand that is at least a dubious statement and that there is definitely indication that it does exist and that it does occur. Furthermore, I heard some of those colleagues say that the Michigan Constitution provision that we have allows stem cell research. I want to make sure that everybody understands that when that amendment was passed, it was sold on very generic context around stem cell research. Nobody specifically talked about embryonic stem cell research, so all the good deeds and good discoveries and good treatments that my colleagues over there cited, they all came from adult stem cell research, not embryonic. As a matter of fact, the reason why a lot of this research is conducted in the universities is because there is no return on investment if you were to do this in the private sector. They need government funding to do this. The fact of the matter is embryonic life is life and should be protected. I urge my colleagues to ignore the misguided discussion and misstatement of facts on the other side of the aisle and support Senate Bill No. 564. 590 JOURNAL OF THE SENATE [April 27, 2016] [No. 40 The following bill was read a third time: Senate Bill No. 565, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13k of chapter XVII (MCL 777.13k), as amended by 2012 PA 539. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 197 Yeas—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Nays—10 Ananich Hertel Knezek Warren Bieda Hood Rocca Young Gregory Hopgood Excused—1 Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. Protests Senators Gregory, Hopgood, Bieda and Hertel, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill Nos. 564 and 565. Senators Gregory, Bieda and Hertel moved that the statements they made during the discussion of Senate Bill No. 564 be printed as their reasons for voting “no.” The motion prevailed. Senator Gregory’s statement, in which Senator Hopgood concurred, is as follows: I will be voting “no” on this legislation because this is a classic example of trying to solve a problem that doesn’t exist and, instead, making things worse. Senate Bill Nos. 564 and 565 have the potential to suppress vital medical research. The use of fetal tissue for research is something that has been overwhelmingly supported by Michigan voters. In 2008, the voters approved an amendment to our State Constitution specifically authorizing the donation of fetal tissue for medical research. More than 2.5 million people voted for that amendment. The voter-approved amendment contains multiple safeguards against abuses. This medical research has already brought breakthroughs in treating diseases, and work continues on such horrific diseases as Parkinson’s, Alzheimer’s, spinal cord injuries, multiple sclerosis, and muscular dystrophy. No. 40] [April 27, 2016] JOURNAL OF THE SENATE 591 This legislation could effectively end that research by prohibiting the long-accepted practice of reimbursing expenses associated with the transfer of fetal tissue to research facilities. It also could be used to intimidate women who want their fetal tissue used for research. It is already illegal to sell fetal tissue. According to the Senate Fiscal Agency, there have been no prosecutions for the crime of selling fetal tissue since at least 1999. This state faces many challenges in education, transportation, public health, and our decaying infrastructure. I find it disappointing that so much time has been spent on a problem that doesn’t exist. That time could be much better spent on such issues as the Flint water crisis, Detroit Public Schools, the issues with Grand Rapids Veterans Home, and now the most recent issue, the state Unemployment Insurance Agency failures. We need to get on with the work of the people of Michigan, and stop wasting time on nonissues such as this. enator Bieda’s statement is as follows: S I also rise to offer my “no” vote explanation for Senate Bill Nos. 564 and 565. I don’t think there is anyone in this room who thinks anyone should be profiting from the sale of body parts of any sort. I kind of wrestled with this as I looked at it, but I see this as something that is, frankly, unneeded. This legislation is based on the fraudulent assumption that the law is currently silent on this issue. This couldn’t be any further from the truth. I would like to reiterate what the previous speaker also said, which is that profiting off the sale of fetal tissue is already illegal. Moreover, investigations have shown that there is zero indication that this is a problem in Michigan or anywhere else in the country. What is clear is that these bills could have serious consequences for medical research in this state. Let’s stop playing politics with people’s lives. Let’s stop playing politics for political gain in this system. Let’s look at what is good policy. This is not. The language in these bills is far too broad and far too vague, especially in Section 2. I would like to point attention to that as it says this bill would prohibit anyone from receiving any kind of compensation for the distribution or transfer of any portion of embryo, fetal, or neonate. So, as written, this language could make it almost impossible for medical facilities to legally dispose of fetal tissue remains. In addition, it would make it much more challenging for the top-notch medical research facilities and universities in our state to engineer lifesaving cures and treatments for serious diseases. Indeed, our top medical schools in Michigan have opposed this legislation because it has the great potential to end lifesaving research. The language, as currently written, has the possibility to completely inhibit Michigan’s research institutions from participating in fetal tissue research at all because the procurement process typically has a cost associated with it. This is something that this legislation does not take into account. I guarantee that this legislation will produce even more unintended consequences or will end up adjudicated in the courts. I want to reiterate: This is already illegal. Also there has been absolutely no proof that this is going on illegally in this state. There is no reason for this legislation other than pure politics. I find it appalling that we would take such an emotional issue and use it in such a crass and tasteless manner. I strongly encourage all of you to vote “no,” and focus on a policy that will truly make a difference for women and children in the state of Michigan. enator Hertel’s first statement is as follows: S My amendment tie-bars Senate Bill No. 564 to Senate Bill No. 466, which is a bill I introduced to allow women to obtain a 12-month supply of birth control all at one time. Let’s not pretend that these bills aren’t anything but a shortsighted, backdoor attempt to restrict women’s access to choose and to prevent research here in Michigan. If the goal is truly reducing the number of abortions, we need to focus on evidence-based policies that actually reduce unwanted pregnancy here in Michigan, and surprise, the answer is not restricting access to abortion. The answer is increasing access to safe and affordable contraceptive. Eighteen percent of women who don’t use contraceptives consistently account for 41 percent of unintended pregnancies. So let’s make it easier to access birth control continuously and correctly. That means reducing the number of trips a woman has to take to the pharmacy or the doctor’s office by giving them a yearly supply of their contraceptives all at once. When we eliminate the barriers to taking birth control, we lessen the chance of unintentional pregnancy, which could lead to less abortions. This chamber continues to waste time pandering to anti-choice groups for political gain. Instead, we could be taking steps to measurably reduce abortion rates by ensuring women have access to adequate health care and family planning services. I encourage all of you to support this pro-life amendment. enator Hertel’s second statement is as follows: S I just want to answer the good Senator from the 7th District. Those videos that we are talking about have been so debunked that those people are now being prosecuted for lying and for illegally taking those videos. They have been cut up into pieces to try to prove a point, and that point has been debunked not only by national people, but by our own state when they actually reviewed that. I find the Senator’s comments to be offensive. 592 JOURNAL OF THE SENATE [April 27, 2016] [No. 40 Senator Hertel moved that the statement made by Senator Colbeck during the discussion of Senate Bill No. 564 be printed as his reasons for voting “no.” The motion prevailed. Senator Colbeck’s statement is as follows: Some of the colleagues over on the other side of the aisle appear to have some facts mixed up, and I just want to make sure that my colleagues are aware of what the truth is on such matters. First of all, I heard specifically that the sale of fetal tissue doesn’t exist because it is prohibited by law. I think anybody who has seen the Center for Medical Progress videos would understand that is at least a dubious statement and that there is definitely indication that it does exist and that it does occur. Furthermore, I heard some of those colleagues say that the Michigan Constitution provision that we have allows stem cell research. I want to make sure that everybody understands that when that amendment was passed, it was sold on very generic context around stem cell research. Nobody specifically talked about embryonic stem cell research, so all the good deeds and good discoveries and good treatments that my colleagues over there cited, they all came from adult stem cell research, not embryonic. As a matter of fact, the reason why a lot of this research is conducted in the universities is because there is no return on investment if you were to do this in the private sector. They need government funding to do this. The fact of the matter is embryonic life is life and should be protected. I urge my colleagues to ignore the misguided discussion and misstatement of facts on the other side of the aisle and support Senate Bill No. 564. The following bill was read a third time: House Bill No. 4187, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 377d; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 198 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. No. 40] [April 27, 2016] JOURNAL OF THE SENATE 593 ursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: P “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5163, entitled A bill to amend 2003 PA 258, entitled “Land bank fast track act,” by amending section 18 (MCL 124.768); and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 199 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the creation of land bank fast track authorities to assist governmental entities in the assembly and clearance of title to property in a coordinated manner; to facilitate the use and development of certain property; to promote economic growth; to prescribe the powers and duties of certain authorities; to provide for the creation and appointment of boards to govern land bank fast track authorities and to prescribe their powers and duties; to authorize the acquisition, maintenance, and disposal of interests in real and personal property; to authorize the conveyance of certain properties to a land bank fast track authority; to authorize the enforcement of tax liens and the clearing or quieting of title by a land bank fast track authority; to provide for the distribution and use of revenues collected or received by a land bank fast track authority; to prescribe powers and duties of certain public entities and state and local officers and agencies; to authorize the transfer and acceptance of property in lieu of taxes and the release of tax liens; to exempt property, income, and operations of a land bank fast track authority from tax; to extend protections against certain liabilities to a land bank fast track authority; and to repeal acts and parts of acts,”. The Senate agreed to the full title. 594 JOURNAL OF THE SENATE [April 27, 2016] [No. 40 The following bill was read a third time: Senate Bill No. 753, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 16283, 16284, 16285, 16286, 16287, and 16288. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 200 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator Young introduced Senate Bill No. 921, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1280 (MCL 380.1280), as amended by 2006 PA 123. The bill was read a first and second time by title and referred to the Committee on Education. House Bill No. 4814, entitled A bill to provide for public electronic access to information through this state’s website; to require webpage posting of information about state departments, departmental subunits, and supervisors; to require standardized formats for displaying information, including functions, contact information, and organizational charts; and to provide for the powers and duties of certain state governmental officers and entities. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. No. 40] [April 27, 2016] JOURNAL OF THE SENATE 595 House Bill No. 5024, entitled A bill to create the impaired driving safety commission; to prescribe its powers and duties; to create the impaired driving safety commission fund; to provide for use of the fund; and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5291, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 4, 6, 11, 11a, 11j, 11k, 11m, 15, 18, 19, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25f, 25g, 26a, 26b, 26c, 31a, 31c, 31d, 31f, 32d, 32p, 35, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 55, 56, 61a, 61b, 62, 64b, 65, 67, 74, 81, 94, 94a, 98, 99h, 99s, 101, 102d, 104, 107, 147, 147a, 147c, 152a, 166, 201, 201a, 202a, 203, 206, 207a, 207b, 207c, 209, 210b, 210c, 217, 219, 220, 222, 223, 224, 225, 226, 229a, 230, 236, 236a, 236b, 236c, 237b, 238, 241, 246, 251, 252, 254, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 274c, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 289, and 290 (MCL 388.1604, 388.1606, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1619, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622g, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631c, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1635, 388.1635a, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1655, 388.1656, 388.1661a, 388.1661b, 388.1662, 388.1664b, 388.1665, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1698, 388.1699h, 388.1699s, 388.1701, 388.1702d, 388.1704, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1766, 388.1801, 388.1801a, 388.1802a, 388.1803, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810b, 388.1810c, 388.1817, 388.1819, 388.1820, 388.1822, 388.1823, 388.1824, 388.1825, 388.1826, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1837b, 388.1838, 388.1841, 388.1846, 388.1851, 388.1852, 388.1854, 388.1856, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1874c, 388.1875, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, 388.1889, and 388.1890), sections 4, 203, 219, 220, 223, 238, 251, and 254 as amended and section 237b as added by 2012 PA 201, section 6 as amended by 2016 PA 56, sections 11, 21f, 31a, 32d, and 107 as amended by 2015 PA 139, sections 11a, 11j, 11k, 11m, 15, 20, 20d, 20f, 20g, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25f, 26a, 26b, 26c, 31d, 31f, 32p, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b, 74, 81, 94, 94a, 98, 99h, 101, 104, 147, 147a, 147c, 152a, 201, 201a, 206, 207a, 207b, 207c, 209, 210b, 217, 222, 225, 226, 229a, 230, 236, 236a, 236b, 236c, 241, 246, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 25g, 31c, 35, 35a, 55, 61b, 65, 67, 99s, 102d, 210c, and 274c as added by 2015 PA 85, section 18 as amended by 2015 PA 114, sections 19, 202a, 224, and 275 as amended by 2014 PA 196, section 166 as amended by 1996 PA 300, and sections 289 and 290 as amended by 2013 PA 60, and by adding sections 11o, 11s, 20j, 21, 21g, 31b, 54b, 61c, 95b, 99t, 152b, and 167a; and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 5332, entitled A bill to amend 1965 PA 190, entitled “An act to provide for a system of uniformity of service for veterans,” by amending the title and sections 1 and 2 (MCL 35.61 and 35.62), section 1 as amended by 1997 PA 131. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. House Bill No. 5333, entitled A bill to amend 1947 PA 12, entitled “Veterans’ military pay act,” by amending section 2 (MCL 35.922). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. House Bill No. 5334, entitled A bill to amend 1974 PA 370, entitled “Vietnam veteran era bonus act,” by amending section 2 (MCL 35.1022), as amended by 1980 PA 194. 596 JOURNAL OF THE SENATE [April 27, 2016] [No. 40 he House of Representatives has passed the bill and ordered that it be given immediate effect. T The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. House Bill No. 5335, entitled A bill to amend 1955 PA 8, entitled “Korean veterans’ military pay fund act of 1955,” by amending section 2 (MCL 35.972). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. House Bill No. 5336, entitled A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 2 (MCL 28.292), as amended by 2016 PA 5. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. House Bill No. 5337, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2012 PA 555. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. House Bill No. 5338, entitled A bill to amend 1994 PA 39, entitled “Veteran right to employment services act,” by amending section 2 (MCL 35.1092). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. House Bill No. 5339, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5701 (MCL 333.5701), as added by 1987 PA 48. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. House Bill No. 5340, entitled A bill to amend 2014 PA 508, entitled “Private employer’s veterans’ preference policy act,” by amending section 1 (MCL 35.1201). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. Committee Reports The Committee on Education reported Senate Bill No. 826, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding sections 1278e and 1278f. No. 40] [April 27, 2016] JOURNAL OF THE SENATE 597 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher and Colbeck Nays: Senator Knezek The bill was referred to the Committee of the Whole. The Committee on Education reported House Bill No. 4493, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1278 and 1279g (MCL 380.1278 and 380.1279g), section 1278 as amended by 2004 PA 596 and section 1279g as amended by 2008 PA 349, and by adding section 1168. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, April 26, 2016, at 8:00 a.m., Room 110, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek The Committee on Local Government reported Senate Bill No. 881, entitled A bill to authorize the department of technology, management, and budget to convey parcels of state-owned property in Baraga, Bay, Calhoun, Gratiot, Lenawee, Manistee, and Van Buren Counties; to prescribe conditions for the conveyances; to provide for powers and duties of state departments, agencies, and officers in regard to the property; and to provide for disposition of revenue derived from the conveyances. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Proos, Brandenburg, Rocca and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, April 26, 2016, at 3:00 p.m., Room 100, Farnum Building Present: Senators Zorn (C), Proos, Brandenburg, Rocca and Young COMMITTEE ATTENDANCE REPORT he Joint Select Committee on Flint Water Public Health Emergency (SCR 24) submitted the following: T Meeting held on Monday, April 25, 2016, at 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Stamas (C), Hune and Ananich 598 JOURNAL OF THE SENATE [April 27, 2016] [No. 40 COMMITTEE ATTENDANCE REPORT he Committee on Energy and Technology submitted the following: T Meeting held on Tuesday, April 26, 2016, at 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Nofs (C), Proos, Horn, Schuitmaker, Hune, Shirkey, Zorn, Hopgood, Knezek and Bieda COMMITTEE ATTENDANCE REPORT he Committee on Energy and Technology submitted the following: T Meeting held on Wednesday, April 27, 2016, at 8:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Nofs (C), Proos, Horn, Schuitmaker, Hune, Shirkey, Zorn, Hopgood, Knezek and Bieda Scheduled Meetings Appropriations Subcommittee State Police and Military Affairs - Tuesday, May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Criminal Justice Policy Commission - Wednesday, May 4, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Elections and Government Reform - Thursday, April 28, 9:00 a.m., Rooms 402 and 403, Capitol Building (373-1721) Energy and Technology - Thursday, April 28, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Health Policy - Tuesday, May 3, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Legislative Council - Wednesday, May 4, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Transportation - Thursday, April 28, 8:30 a.m., Room 210, Farnum Building (373-5312) Veterans, Military Affairs and Homeland Security - Thursday, April 28, 2:00 p.m., Room 110, Farnum Building (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:13 a.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Thursday, April 28, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 41 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Thursday, April 28, 2016. 10:00 a.m. The Senate was called to order by the Assistant President pro tempore, Senator Margaret E. O’Brien. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—excused Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 600 JOURNAL OF THE SENATE [April 28, 2016] [No. 41 everend Lori Wagner of Faith Apostolic Church of Troy offered the following invocation: R Lord, I am thankful for these people who have come here today. They have come as servants. Lord, You strapped a towel around Your waist and exemplified servant leadership. You have shown us that being a humble leader who serves the people is the true pathway to greatness. I ask You, God, to release the spirit of humility in this place. Help the men and women gathered here today to have wisdom from on high, discernment, and Your plan and purpose in mind. Give them Your creative ideas. I pray Your blessing, peace, and presence would hover over this place today in a special way. In Jesus’ name, Amen. The Associate President pro tempore, Senator O’Brien, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications The President, Lieutenant Governor Calley, assumed the Chair. Senator Schuitmaker entered the Senate Chamber. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Johnson be excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow his guests and the guests of Senators Schmidt, Young and Hildenbrand admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Senator Knezek moved that the Committee on Government Operations be discharged from further consideration of the following bill: Senate Bill No. 734, entitled A bill to repeal 2012 PA 436, entitled “Local financial stability and choice act,” (MCL 141.1541 to 141.1575). The motion did not prevail, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The motion did not prevail, a majority of the members serving not voting therefor, as follows: Roll Call No. 201 Yeas—8 Ananich Gregory Hood Knezek Bieda Hertel Hopgood Warren Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker No. 41] [April 28, 2016] JOURNAL OF THE SENATE Colbeck Emmons Green Hansen Jones O’Brien Shirkey Knollenberg Pavlov Stamas Kowall Proos Zorn MacGregor Robertson 601 Excused—2 Johnson Young Not Voting—0 In The Chair: President Senator Knezek asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Knezek’s statement is as follows: Today I rise to request the discharge of Senate Bill No. 734. It seems like every day we are presented with a new example of how our state-appointed emergency managers are failing our cities and our schools. This week is no different. On Tuesday, another troubling report in the Detroit News described how the emergency manager over the Detroit Public Schools system mismanaged their pension fund. Thirty million dollars in federal aid was sent to the district to help stabilize that pension fund. A competent manager would have taken that money and applied it directly to where it was intended. But instead, between June 2014 and February 2016, the emergency manager failed to properly disburse those funds. If you think we have any clue where those funds ended up, you’d be wrong. We’ve been told time and time again that emergency managers will help to restore financial solvency to distressed cities and school districts. We’ve been told time and time again that emergency managers will help restore trust in government by righting the financial ship. We’ve been told time and time again that emergency managers will help improve credit ratings, and get our distressed cities and school districts out of debt. Clearly, nothing could be further from the truth. Just this week, an independent credit agency, Fitch Ratings, well, they agreed. They released a report that said the appointment of emergency managers may not improve the prospects for a full and timely debt repayment. If emergency managers are not even fulfilling the most basic aspects of their intended purpose, what is the point of employing them at all? Michigan’s emergency manager law is a failed experiment. The people of this state acknowledged it when they voted to repeal this law in 2012. The Governor has acknowledged it. The Flint Water Task Force has acknowledged it, and now an independent credit ratings agency has acknowledged it, as well. There is no good reason to allow this undemocratic practice to continue, Mr. President. My bill, Senate Bill No. 734, has sat in committee since February 2 of this year. It is clear that there is no intention of holding a hearing on that bill. So I’m asking us to act here today, Mr. President. Colleagues, I encourage you to listen to the will of the people and to listen to the massive body of evidence. I’m asking you to hold a vote. Let us show Michigan where we stand as legislators. I’m asking you to join me in repealing the law that has failed the citizens of this state and has led to tragic consequences for so many. The following communication was received: Department of State Administrative Rules Notice of Filing April 26, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-006-TY (Secretary of State Filing #16-04-08) on this date at 3:22 p.m. for the Department of Treasury entitled, “Income Tax.” 602 JOURNAL OF THE SENATE [April 28, 2016] [No. 41 The rule becomes effective 7 days after filing with the Secretary of State. The rule is adopted under section 44 of 1969 PA 306. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communication was referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, April 27: House Bill Nos. 4947 4948 4949 4950 4951 4952 4953 4954 4955 4956 The Secretary announced that the following House bills were received in the Senate and filed on Thursday, April 28: House Bill Nos. 4957 4958 4959 4960 4961 5294 The Secretary announced that the following bills and joint resolution were printed and filed on Wednesday, April 27, and are available at the Michigan Legislature website: Senate Bill No. 921 House Bill Nos. 5603 5604 5605 5606 5607 5608 House Joint Resolution KK Senator Young entered the Senate Chamber. Senators Meekhof and Young asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Meekhof’s statement is as follows: I don’t like doing this very often, but I believe that if we train our staff very well, they will be eligible for a much better career. Maybe it won’t be with us in the Senate, but someplace else. This is very true for Chad Arnold. I would like to read a tribute prepared for him: “LET IT BE KNOWN, That today we recognize the exemplary contributions of Chad Arnold to the Michigan Senate as he moves on to a new career opportunity. Chad has served the citizens of Michigan in the Legislature for more than 15 years. In his most recent role as a policy advisor in the Senate Majority Policy Office, he has provided his expertise advising the Finance, Transportation, and Insurance committees, and the Transportation, Insurance and Financial Services, and Licensing and Regulatory Affairs Appropriations subcommittees. In his role as advisor to the Transportation Committee, Chad devoted his time and talents working diligently with lawmakers, state agencies, and key interest groups to craft legislation signed into law last year to help provide for Michigan’s long-term infrastructure needs. Prior to joining SMPO, Chad served this body in various roles with former Senators Bruce Caswell, Nancy Cassis, and Mike Goschka. He also spent time working in the House of Representatives. Chad earned a bachelor’s degree in Political Science and History from the University of Michigan. Chad is a devoted husband and father to his wife Amy and their children Jack and Elizabeth. During his free time, he can be found cheering on his beloved Wolverines and Detroit Tigers, often with Jack in tow. Chad is an avid runner with a marathon under his belt, and he also loves to play soccer. The Legislature is a transient place, and one of the difficulties of serving with good people is that they eventually move on. We are going to miss Chad and wish him all of the best as he advances in his career to serve the Department of Insurance and Financial Services. There is no doubt that his capabilities, coupled with his experiences here in the Senate, have prepared him well for his next role. IN SPECIAL TRIBUTE, Therefore, this tribute is signed and documented to honor the service of Chad Arnold to the Michigan Senate and the people of the state of Michigan.” enator Young’s statement is as follows: S Mr. President, Charles Mahone II has only been an intern in my office since January, but he instantly became a positive member of our team. I call him Good Luck Chuck, and he is leaving. This is one of those things that I can’t stand, because we have good people who leave us. I feel like grabbing you right now and saying, “Where do you think you’re going, man? You’re not going anywhere.” No. 41] [April 28, 2016] JOURNAL OF THE SENATE 603 Chuck is the student body president of the Student Government Association and a Carey Hall resident assistant at Central Michigan University. He is graduating from Central Michigan University in political science, and he will be returning to Central Michigan University to obtain his master’s degree. His entire tab will be paid for by the university, as well as all expenses incurred at Central to date. I give him this signed and framed seal, thanking him for all of his hard work in my office for the citizens of Michigan. Charles was a guy when you saw him, his personality and his smile would instantly light up a room. The guy is funny. He is smart. He is brilliant. He is talented, and I really do not want him to leave at all, but I know the world will be a better place with you in it. Whatever you do, when you go out there and accomplish big things, don’t forget about us little people. I am very proud of you. I wanted to give this to you and say God bless you in your endeavors. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:24 a.m. 10:32 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator Hildenbrand introduced the Lowell High School Wrestling Team, 2016 MHSAA Division 2 State Champions, and Coach R.J. Boudro, Division 2 Coach of the Year; and presented them with a Special Tribute. Coach Boudro responded briefly. Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today: House Bill No. 5176 House Bill No. 5525 House Bill No. 5526 House Bill No. 5527 House Bill No. 5545 The motion prevailed, a majority of the members serving voting therefor. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Shirkey as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4436, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 323 (MCL 257.323), as amended by 2001 PA 159. House Bill No. 4769, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7410 (MCL 333.7410), as amended by 2006 PA 552. House Bill No. 5526, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 9f, 9m, 9n, 19, and 53b (MCL 211.9f, 211.9m, 211.9n, 211.19, and 211.53b), sections 9f, 9m, and 9n as amended by 2015 PA 119, section 19 as amended by 2014 PA 87, and section 53b as amended by 2013 PA 153. 604 JOURNAL OF THE SENATE [April 28, 2016] [No. 41 House Bill No. 5527, entitled A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 11a (MCL 207.561a), as amended by 2015 PA 123. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4990, entitled A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 5f (MCL 117.5f), as amended by 2002 PA 201. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4991, entitled A bill to amend 1895 PA 3, entitled “The general law village act,” by amending section 36 (MCL 68.36), as amended by 2002 PA 276. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4992, entitled A bill to amend 1909 PA 278, entitled “The home rule village act,” by amending section 24b (MCL 78.24b), as amended by 2002 PA 277. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4993, entitled A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” by amending section 75b (MCL 41.75b), as amended by 2002 PA 226. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4994, entitled A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 11c (MCL 46.11c), as amended by 2002 PA 275. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4864, entitled A bill to amend 2014 PA 276, entitled “Methamphetamine abuse reporting act,” by amending section 4 (MCL 28.124). No. 41] [April 28, 2016] JOURNAL OF THE SENATE 605 Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5176, entitled A bill to amend 2014 PA 86, entitled “Local community stabilization authority act,” by amending sections 14, 17, and 21 (MCL 123.1354, 123.1357, and 123.1361), sections 14 and 17 as amended by 2015 PA 122; and to repeal acts and parts of acts. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5525, entitled A bill to amend 2014 PA 92, entitled “State essential services assessment act,” by amending sections 3, 7, 9, and 11 (MCL 211.1053, 211.1057, 211.1059, and 211.1061), sections 3 and 7 as amended by 2015 PA 120. Substitute (S-4). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5545, entitled A bill to amend 2014 PA 93, entitled “Alternative state essential services assessment act,” by amending sections 3, 7, and 9 (MCL 211.1073, 211.1077, and 211.1079), sections 3 and 7 as amended by 2015 PA 121. Substitute (S-4). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage: House Bill No. 5176 House Bill No. 5525 House Bill No. 5526 House Bill No. 5527 House Bill No. 5545 The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 5176 House Bill No. 5525 House Bill No. 5526 House Bill No. 5527 House Bill No. 5545 House Bill No. 4636 Senate Bill No. 754 Senate Bill No. 755 Senate Bill No. 756 Senate Bill No. 757 606 JOURNAL OF THE SENATE [April 28, 2016] [No. 41 Senate Bill No. 758 Senate Bill No. 759 Senate Bill No. 760 Senate Bill No. 761 Senate Bill No. 762 Senate Bill No. 763 Senate Bill No. 764 Senate Bill No. 765 Senate Bill No. 766 Senate Bill No. 767 The motion prevailed. The following bill was read a third time: House Bill No. 5176, entitled A bill to amend 2014 PA 86, entitled “Local community stabilization authority act,” by amending sections 14, 17, and 21 (MCL 123.1354, 123.1357, and 123.1361), sections 14 and 17 as amended by 2015 PA 122; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 202 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to create a metropolitan authority; to prescribe the powers, duties, and jurisdictions of the metropolitan authority; to prescribe the powers and duties of certain state officials; to levy, collect, and distribute a tax; and to repeal acts and parts of acts,”. The Senate agreed to the full title. No. 41] [April 28, 2016] JOURNAL OF THE SENATE 607 The following bill was read a third time: House Bill No. 5525, entitled A bill to amend 2014 PA 92, entitled “State essential services assessment act,” by amending sections 3, 7, 9, and 11 (MCL 211.1053, 211.1057, 211.1059, and 211.1061), sections 3 and 7 as amended by 2015 PA 120. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 203 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to levy a specific tax on certain personal property; to provide for the administration, collection, and distribution of the specific tax; to provide for an exemption from that specific tax; to impose certain duties on persons and certain state departments; to impose penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5526, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 9f, 9m, 9n, 19, and 53b (MCL 211.9f, 211.9m, 211.9n, 211.19, and 211.53b), sections 9f, 9m, and 9n as amended by 2015 PA 119, section 19 as amended by 2014 PA 87, and section 53b as amended by 2013 PA 153. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 204 Ananich Bieda Yeas—36 Hansen Hertel Knollenberg Robertson Kowall Rocca 608 JOURNAL OF THE SENATE [April 28, 2016] [No. 41 Booher Hildenbrand MacGregor Schmidt Brandenburg Hood Marleau Schuitmaker Casperson Hopgood Meekhof Shirkey Colbeck Horn Nofs Stamas Emmons Hune O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5527, entitled A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 11a (MCL 207.561a), as amended by 2015 PA 123. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 205 Yeas—36 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca No. 41] [April 28, 2016] JOURNAL OF THE SENATE Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek 609 MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5545, entitled A bill to amend 2014 PA 93, entitled “Alternative state essential services assessment act,” by amending sections 3, 7, and 9 (MCL 211.1073, 211.1077, and 211.1079), sections 3 and 7 as amended by 2015 PA 121. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 206 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson 610 JOURNAL OF THE SENATE [April 28, 2016] [No. 41 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to levy a tax on certain personal property; to provide for the administration, collection, and distribution of the tax; to impose certain duties on persons and certain state departments; to impose penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4636, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1202 (MCL 500.1202), as amended by 2014 PA 150. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 207 Yeas—33 Ananich Hertel Knollenberg Rocca Bieda Hildenbrand Kowall Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Stamas Emmons Hune Pavlov Warren Green Jones Proos Young Gregory Knezek Robertson Zorn Hansen Nays—3 Colbeck MacGregor O’Brien Excused—1 Johnson Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions No. 41] [April 28, 2016] JOURNAL OF THE SENATE 611 on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”. The Senate agreed to the full title. Senator Knezek asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Knezek’s statement is as follows: Like so many offices, at the end of the academic semester, I get to come to the podium to say good-bye to a number of interns who have committed themselves to our office over the past couple of months. Today is no different. We are saying good-bye to Drew Suing today. Drew is unlike many of the other interns we have had because he actually started with us last May, worked through the entire summer semester, and came back for both the fall and winter semesters. He has proven himself to be a man of character and someone who truly cares about helping people. Drew is always trying to know himself and seeks selfimprovement. Over this past year, Drew has become a friend. I would simply like to ask my colleagues to join me in thanking Drew for his service to the state of Michigan. The following bill was read a third time: Senate Bill No. 754, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 626, 681, 684, 1230d, 1277, 1288, 1310a, 1525, 1535a, 1539b, 1561, 1711, and 1751 (MCL 380.626, 380.681, 380.684, 380.1230d, 380.1277, 380.1288, 380.1310a, 380.1525, 380.1535a, 380.1539b, 380.1561, 380.1711, and 380.1751), sections 681 and 684 as amended by 2007 PA 45, sections 1230d, 1535a, and 1539b as amended by 2006 PA 680, section 1277 as amended by 1997 PA 179, section 1310a as amended by 2000 PA 230, section 1525 as amended by 2004 PA 596, section 1561 as amended by 2009 PA 204, and sections 1711 and 1751 as amended by 2008 PA 1, and by adding section 1281b; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 208 Ananich Bieda Yeas—36 Hansen Hertel Knollenberg Robertson Kowall Rocca 612 JOURNAL OF THE SENATE [April 28, 2016] Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek [No. 41 MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 755, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 19, 51a, and 58 (MCL 388.1619, 388.1651a, and 388.1658), section 19 as amended by 2014 PA 196, section 51a as amended by 2015 PA 85, and section 58 as amended by 1997 PA 93, and by adding section 19a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 209 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson No. 41] [April 28, 2016] JOURNAL OF THE SENATE 613 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 756, entitled A bill to repeal 1982 PA 26, entitled “An act to provide for emergency financial assistance for certain school districts; to prescribe certain powers and duties of intermediate school boards, local school boards, the state board of education, the state treasurer, and the auditor general; to create an emergency loan revolving fund; to make an appropriation; and to prescribe penalties,” (MCL 388.811 to 388.829). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 210 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 757, entitled A bill to repeal 1962 PA 198, entitled “An act to authorize the state board of control for vocational education to accept federal funds with which to establish a program to alleviate conditions of persistent unemployment and underemployment in certain economically distressed areas,” (MCL 395.71 to 395.73). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 614 JOURNAL OF THE SENATE [April 28, 2016] Roll Call No. 211 [No. 41 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 758, entitled A bill to repeal 1964 PA 28, entitled “An act to transfer the powers, duties and functions of the state board of control for vocational education to the state board of education,” (MCL 395.21). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 212 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson No. 41] [April 28, 2016] JOURNAL OF THE SENATE 615 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 759, entitled A bill to repeal 1931 PA 205, entitled “An act to require the teaching of civics and political science in high schools, county normals and colleges, to prohibit the granting of diplomas, and degrees to students not successfully completing said courses, and to provide penalties for the violation thereof,” (MCL 388.372). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 213 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 760, entitled A bill to repeal 1966 PA 156, entitled “An act to provide state scholarships for students in the field of special education; and to make an appropriation therefor,” (MCL 388.1051 to 388.1055). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 214 Ananich Bieda Yeas—36 Hansen Hertel Knollenberg Robertson Kowall Rocca 616 JOURNAL OF THE SENATE [April 28, 2016] Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek [No. 41 MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 761, entitled A bill to repeal 1974 PA 299, entitled “Education for the gifted and/or academically talented act,” (MCL 388.1091 to 388.1094). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 215 Yeas—30 Booher Hertel MacGregor Robertson Brandenburg Hildenbrand Marleau Rocca Casperson Horn Meekhof Schmidt Colbeck Hune Nofs Schuitmaker Emmons Jones O’Brien Shirkey Green Knezek Pavlov Stamas Gregory Knollenberg Proos Zorn Hansen Kowall Nays—6 Ananich Bieda Hood Warren Young Hopgood Excused—1 Johnson No. 41] [April 28, 2016] JOURNAL OF THE SENATE 617 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 762, entitled A bill to repeal 1964 PA 238, entitled “An act to authorize the state of Michigan, boards of supervisors, local governing boards and school districts to appropriate moneys to foster and maintain demonstration educational and work experience programs through a special job upgrading program for unemployed, out of work, school dropouts; define the powers and duties of the superintendent of public instruction; and to provide for appropriations,” (MCL 395.171 to 395.175). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 216 Yeas—35 Ananich Hansen Kowall Rocca Bieda Hertel MacGregor Schmidt Booher Hildenbrand Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Stamas Colbeck Hune O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Knollenberg Robertson Nays—1 Hood Excused—1 Johnson Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 763, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 51a and 58 (MCL 388.1651a and 388.1658), section 51a as amended by 2015 PA 85 and section 58 as amended by 1997 PA 93. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 618 JOURNAL OF THE SENATE [April 28, 2016] Roll Call No. 217 [No. 41 Yeas—35 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hood Marleau Schuitmaker Casperson Hopgood Meekhof Shirkey Colbeck Horn Nofs Stamas Emmons Hune O’Brien Warren Green Jones Pavlov Zorn Gregory Knezek Proos Nays—1 Young Excused—1 Johnson Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 764, entitled A bill to repeal 1919 PA 149, entitled “An act to accept the requirements and benefits of an act of the sixty-fourth congress of the United States, approved February 23, 1917, known as the Smith-Hughes act, or Public Act No. 347, relating to appropriations to be made by the federal government to the several states for the support and control of instruction in agriculture, the trades, industries, and home economics, and for the preparation of teachers of vocational subjects; to designate a state board of control for vocational education; to provide for the proper custody and administration of funds received by the state from such appropriations; and to provide for appropriations by the state and by local school authorities to meet the conditions of said act of congress,” (MCL 395.1 to 395.10). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 218 Yeas—34 Ananich Hansen Kowall Robertson Bieda Hertel MacGregor Rocca Booher Hildenbrand Marleau Schmidt Brandenburg Hopgood Meekhof Schuitmaker Casperson Horn Nofs Shirkey Colbeck Hune O’Brien Stamas Emmons Jones Pavlov Warren Green Knezek Proos Zorn Gregory Knollenberg No. 41] [April 28, 2016] JOURNAL OF THE SENATE 619 Nays—2 Hood Young Excused—1 Johnson Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 765, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 684 (MCL 380.684), as amended by 2007 PA 45; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 219 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. 620 JOURNAL OF THE SENATE [April 28, 2016] [No. 41 The following bill was read a third time: Senate Bill No. 766, entitled A bill to amend 1964 PA 287, entitled “An act to provide for the organization and functions of the state boards of education under the constitutions of 1908 and 1963; to provide for the appointment and functions of the superintendent of public instruction under the constitution of 1963; and to repeal certain acts and parts of acts,” by amending section 8b (MCL 388.1008b). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 220 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The Assistant President pro tempore, Senator O’Brien, resumed the Chair. The following bill was read a third time: Senate Bill No. 767, entitled A bill to repeal 1964 PA 44, entitled “An act to authorize the state board of control for vocational education to accept federal funds as provided under the provisions of federal law,” (MCL 395.31 to 395.34). The question being on the passage of the bill, Senator Young offered the following amendment: 1. Amend page 1, following line 2, by inserting: “Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 734 of the 98th Legislature is enacted into law.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: No. 41] Roll Call No. 221 [April 28, 2016] JOURNAL OF THE SENATE Yeas—9 Ananich Hertel Hopgood Warren Bieda Hood Knezek Young Gregory Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Excused—1 Johnson Not Voting—0 In The Chair: O’Brien he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 222 Yeas—33 Bieda Hertel Kowall Robertson Booher Hildenbrand MacGregor Rocca Brandenburg Hopgood Marleau Schmidt Casperson Horn Meekhof Schuitmaker Colbeck Hune Nofs Shirkey Emmons Jones O’Brien Stamas Green Knezek Pavlov Warren Gregory Knollenberg Proos Zorn Hansen Nays—3 Ananich Hood Young Excused—1 Johnson 621 622 JOURNAL OF THE SENATE [April 28, 2016] [No. 41 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. Senator Young asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Young’s statement is as follows: Madam President, I would like to start with a quote from Tyrion Lannister: “Sorcery is the sauce fools spoon over failure to hide the flavor of their own incompetence.” Emergency managers have long operated in a world of smoke and mirrors. Their effectiveness is an illusion. It is not real. They’re not accountable to anyone, and when they make mistakes, people pay with their lives. By failing to address and repeal the emergency manager law, the majority here is just trying to hide their own failures. My amendment will tie-bar Senate Bill No. 767 to Senate Bill No. 734. While we’re talking about education, let’s talk about the best way to make our schools safe and solvent. It’s making sure that none of our school districts ever fall under the tyrannical rule of an emergency manager ever again. We can’t let another emergency manager take over another school district and plunge it into financial ruin. This is a time when people have died in Flint; where the water is not clean; where teachers in Detroit do not have their pensions paid to them, because the emergency manager refused to; where children are being educated in schools with rats and mold; where we live in a time when water is unsafe. Madam President, I live in a city where infants’ blood is running through the streets because they have been murdered by gunshots. In this time, now more than ever, we need government that is accountable and held to the standard that the people uphold. That is part of our democratic way. The emergency mangers are an exact affront to that and the greatest threat to democracy. For the sake of democracy, for the sake of liberty, for the sake of life, for the sake of accountability, for the sake of justice for the victims of Flint, Madam President, I urge you to vote for my amendment to repeal the emergency manager law. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. Senators Hopgood, Knezek, Marleau, Hood, Hansen, Zorn, Knollenberg, MacGregor, Hertel, Kowall and Warren offered the following resolution: Senate Resolution No. 170. A resolution commemorating May 2016 as Asian Pacific American Heritage Month. Whereas, The state of Michigan is fortunate to be home to more than 300,000 residents of Asian and Pacific Island descent; and Whereas, Asian Pacific Americans comprise one of the fastest-growing populations in both the state and the nation; in fact, the largest-growing population in Michigan, according to the 2010 U.S. Census; and Whereas, The Asian and Pacific Island regions are tremendously diverse; with more than thirty countries, sixteen major ethnic groups, nine languages, and numerous belief systems bringing their culture to Michigan; and Whereas, Citizens of Asian and Pacific Island descent, in each generation—from the laborers who connected our coasts one and a half centuries ago to the patriots who fought overseas while their families were interned at home—these patriotic Americans have enhanced our culture, quality of life, and economic vitality through leadership, commitments to knowledge and advancement, and dedication to their communities; and Whereas, The state of Michigan and the United States of America have been enriched by the contributions of Asian Pacific Americans in all facets of life, including the arts, sciences, business, education, and philanthropy. Michigan has No. 41] [April 28, 2016] JOURNAL OF THE SENATE 623 recognized the contributions Asian Pacific Americans and other immigrants make to our economy with the establishment of the Michigan Office for New Americans; and Whereas, The culture and contributions of our Asian and Pacific Island residents will continue to grow in significance as more Asian Pacific Americans choose to make Michigan their home and as our economy becomes increasingly intertwined with the economies throughout Asia; and Whereas, Asian Pacific Americans, through advocating issues of justice and equality, continue to break down the barriers of discrimination, indifference, and intolerance, thereby opening doors for all Asian Pacific Americans; and Whereas, Asian Pacific American residents are proudly served in Michigan by many dedicated organizations, including the Asian Pacific American Affairs Commission, Asian Pacific American Chamber of Commerce, Council of Asian Pacific Americans, Asian American Citizens for Justice, Asian Center Southeast Michigan and West Michigan, West Michigan Asian Pacific American Association, APIA-Vote Michigan, and Michigan Asian Pacific American Bar Association; and Whereas, The state of Michigan takes pride in its cultural diversity and welcomes the opportunity to honor our Asian Pacific American residents for their lasting, expanding imprint upon our state; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate May 2016 as Asian Pacific American Heritage Month in the state of Michigan. We encourage all citizens to celebrate the individual and collective contributions of Asian Pacific Americans to this state and to this country. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Ananich, Bieda, Booher, Brandenburg, Gregory and Proos were named co‑sponsors of the resolution. enator Ananich offered the following resolution: S Senate Resolution No. 171. A resolution to commemorate April 28, 2016, as Workers’ Memorial Day. Whereas, Every year on April 28, communities and worksites around the world honor friends, family members, and colleagues who have been killed or injured on the job; and Whereas, The Federal Bureau of Labor Statistics has reported that 4,679 fatal work injuries were recorded in the United States in 2014, an increase of 2 percent over the revised count of 4,585 fatal work injuries in 2013. There were 4,585 workers killed in 2013 by traumatic injuries, and an estimated 50,000 died from occupational diseases; and Whereas, In 2014, 142 workers were lost through fatal workplace accidents in Michigan, and in 2014, there were 140,000 injuries and illnesses reported; and Whereas, It is appropriate to honor the memory of the courageous and dedicated members of Michigan’s labor force who have been injured, disabled, or died as a result of workplace accidents; and Whereas, We remember those who have died in workplace catastrophes, suffered occupation-related diseases, or injured due to dangerous conditions; and Whereas, Recognition of the integrity of Michigan’s work force and its achievements on behalf of the economic growth of our state is necessary; and Whereas, The Michigan Senate wishes to pay tribute to the workers who have died, been injured, or disabled in workplace accidents. We honor the contributions of Michigan’s work force and call for increased workplace safety; now, therefore, be it Resolved by the Senate, That we hereby commemorate April 28, 2016, as Workers’ Memorial Day in Michigan. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Gregory, Hertel, Hopgood and Zorn were named co‑sponsors of the resolution. enator Meekhof offered the following concurrent resolution: S Senate Concurrent Resolution No. 29. A concurrent resolution of tribute offered as a memorial for Edgar “Ed” Fredricks, former member of the Michigan House of Representatives and Michigan Senate. Whereas, The members of the Michigan Legislature are saddened to learn of the passing of Ed Fredricks. He will be remembered for his exemplary service to the people of western Michigan and the entire state; and Whereas, Ed Fredricks was interested in politics from a young age. He joined the Young Republicans while attending Calvin College, where he earned his degree in Economics. While at Western Michigan University earning master’s 624 JOURNAL OF THE SENATE [April 28, 2016] [No. 41 degrees in History and Sociology, he worked as an aide to U.S. Representative Guy Vander Jagt and served as executive director of Michigan Citizens for Nixon. He became an author when his master’s thesis, MacArthur: His Mission and Meaning, was published in 1968. After college, his dedication to public service led him to work for the U.S. Department of State, where he served as the vice-consul for the U.S. embassy in South Korea and for the Bureau of International Organization Affairs; and Whereas, Ed Fredricks would go on to serve western Michigan in both chambers of the Legislature. He was elected to the Michigan House of Representatives in 1974 and again in 1976 and also served three terms in the Michigan Senate, beginning in 1979. While in office, he provided a strong conservative voice for the people of Holland and western Michigan. He served with distinction as vice-chair of the House Labor Committee and as chairman of the Joint Committee on Administrative Rules. In the Senate, he served as vice-chair of the Local Government and Veterans Committee and as a member of the State Affairs, Tourism, and Transportation Committee; and Whereas, After retiring from politics in 1990, Ed Fredricks traveled widely. Being a devoted student of the Bible, he sat in on classes at seminaries around the world. A great sports fan, he followed his beloved Detroit Tigers and Red Wings avidly. Throughout his life, he lived a modest lifestyle, giving to others while keeping little for himself; now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That we offer this expression of our highest tribute to honor the memory of Edgar Fredricks, a member of the Michigan House of Representatives from 1975 to 1978 and the Senate from 1979 to 1990; and be it further Resolved, That copies of this resolution be transmitted to the Fredricks family as evidence of our lasting esteem for his memory. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The concurrent resolution was adopted by a unanimous standing vote of the Senate. Senator Kowall moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Governor as co‑sponsors of the concurrent resolution. The motion prevailed, a majority of the members serving voting therefor. A moment of silence was observed in memory of Edgar Fredricks, former member of the House of Representatives and Senate. Introduction and Referral of Bills Senator Emmons introduced Senate Bill No. 922, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec­tions 17301, 17303, 17311, 17313, 17315, 17317, 17319, 17327, 17329, and 17333 (MCL 324.17301, 324.17303, 324.17311, 324.17313, 324.17315, 324.17317, 324.17319, 324.17327, 324.17329, and 324.17333), sections 17301, 17311, 17313, and 17327 as added by 2008 PA 394, sections 17303 and 17317 as amended by 2015 PA 82, sections 17315 and 17333 as added by 2008 PA 392, section 17319 as added by 2008 PA 395, and section 17329 as added by 2008 PA 393, and by adding sections 17302, 17304, 17319a, 17320, 17320a, 17326, and 17335. The bill was read a first and second time by title and referred to the Committee on Natural Resources. Senator Jones introduced Senate Bill No. 923, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 136c (MCL 750.136c), as added by 2000 PA 205. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senator Jones introduced Senate Bill No. 924, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 15f of chapter XVII (MCL 777.15f), as added by 2002 PA 206. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. No. 41] [April 28, 2016] JOURNAL OF THE SENATE 625 Senator Jones introduced Senate Bill No. 925, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 55 of chapter X (MCL 710.55), as added by 1994 PA 222. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senator Jones introduced Senate Bill No. 926, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5103 (MCL 700.5103), as amended by 2004 PA 93. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senators Kowall, Horn, Schmidt and Warren introduced Senate Bill No. 927, entitled A bill to amend 1979 PA 53, entitled “An act to prohibit access to computers, computer systems, and computer networks for certain fraudulent purposes; to prohibit intentional and unauthorized access, alteration, damage, and destruction of computers, computer systems, computer networks, computer software programs, and data; to prohibit the sending of certain electronic messages; and to prescribe penalties,” by amending sections 4 and 7 (MCL 752.794 and 752.797), section 4 as amended by 1996 PA 326 and section 7 as amended by 2000 PA 180. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Horn, Kowall, Schmidt and Warren introduced Senate Bill No. 928, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 17c of chapter XVII (MCL 777.17c), as added by 2002 PA 28. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Meekhof, Kowall, Horn, Hansen, Proos and Shirkey introduced Senate Bill No. 929, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 533, 541, and 543 (MCL 436.1533, 436.1541, and 436.1543), section 533 as amended by 1998 PA 416, section 541 as amended by 2016 PA 84, and section 543 as amended by 2010 PA 213, and by adding section 903b. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. House Bill No. 4947, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 1, 3, and 11 of chapter XIIA (MCL 712A.1, 712A.3, and 712A.11), section 1 as amended by 2014 PA 533 and sections 3 and 11 as amended by 1996 PA 409. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4948, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 27 of chapter IV (MCL 764.27), as amended by 1996 PA 418. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4949, entitled A bill to amend 1988 PA 13, entitled “Juvenile diversion act,” by amending sections 2 and 8 (MCL 722.822 and 722.828), section 2 as amended by 1996 PA 415. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Judiciary. 626 JOURNAL OF THE SENATE [April 28, 2016] [No. 41 House Bill No. 4950, entitled A bill to amend 1974 PA 150, entitled “Youth rehabilitation services act,” by amending section 2 (MCL 803.302), as amended by 1998 PA 517. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4951, entitled A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 1060a (MCL 330.2060a), as added by 2012 PA 540. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4952, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 15b of chapter IV (MCL 764.15b), as amended by 2001 PA 209. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4953, entitled A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending section 3 (MCL 780.983). The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4954, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11 of chapter II (MCL 762.11), as amended by 2015 PA 31. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4955, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1 of chapter IX (MCL 769.1), as amended by 1999 PA 87. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4956, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 4 of chapter XIIA (MCL 712A.4), as amended by 1996 PA 409. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4957, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 14, 15, 16, 18, 18i, and 18k of chapter XIIA (MCL 712A.14, 712A.15, 712A.16, 712A.18, 712A.18i, and 712A.18k), section 14 as amended by 2012 PA 163, section 15 as amended by 1998 PA 474, section 16 as amended by 1998 PA 478, section 18 as amended by 2011 PA 295, section 18i as added by 1996 PA 244, and section 18k as amended by 2014 PA 458. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Judiciary. No. 41] [April 28, 2016] JOURNAL OF THE SENATE 627 House Bill No. 4958, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 27a of chapter IV (MCL 764.27a), as amended by 1996 PA 254. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4959, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 139 (MCL 750.139), as amended by 1998 PA 510. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4960, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1f of chapter IV and section 14 of chapter VI (MCL 764.1f and 766.14), as amended by 1998 PA 520. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4961, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 606 (MCL 600.606), as amended by 1996 PA 260. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5294, entitled A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2017 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. Committee Reports The Committee on Finance reported House Bill No. 5176, entitled A bill to amend 2014 PA 86, entitled “Local community stabilization authority act,” by amending sections 14, 17, and 21 (MCL 123.1354, 123.1357, and 123.1361), sections 14 and 17 as amended by 2015 PA 122; and to repeal acts and parts of acts. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 5525, entitled A bill to amend 2014 PA 92, entitled “State essential services assessment act,” by amending sections 3, 7, 9, and 11 (MCL 211.1053, 211.1057, 211.1059, and 211.1061), sections 3 and 7 as amended by 2015 PA 120. 628 JOURNAL OF THE SENATE [April 28, 2016] [No. 41 ith the recommendation that the substitute (S-1) be adopted and that the bill then pass. W The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 5526, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 9f, 9m, 9n, 19, and 53b (MCL 211.9f, 211.9m, 211.9n, 211.19, and 211.53b), sections 9f, 9m, and 9n as amended by 2015 PA 119, section 19 as amended by 2014 PA 87, and section 53b as amended by 2013 PA 153. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 5527, entitled A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 11a (MCL 207.561a), as amended by 2015 PA 123. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 5545, entitled A bill to amend 2014 PA 93, entitled “Alternative state essential services assessment act,” by amending sections 3, 7, and 9 (MCL 211.1073, 211.1077, and 211.1079), sections 3 and 7 as amended by 2015 PA 121. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. No. 41] [April 28, 2016] JOURNAL OF THE SENATE 629 COMMITTEE ATTENDANCE REPORT he Committee on Finance submitted the following: T Meeting held on Tuesday, April 26, 2016, at 3:30 p.m., Room 210, Farnum Building Present: Senators Brandenburg (C), Robertson, Knollenberg, Casperson, Proos, Bieda and Warren The Committee on Commerce reported Senate Bill No. 853, entitled A bill to preempt local ordinances regulating the use, disposition, or sale of, prohibiting or restricting, or imposing any fee, charge, or tax on certain containers. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor and O’Brien Nays: Senator Hertel The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Commerce submitted the following: T Meeting held on Wednesday, April 27, 2016, at 9:00 a.m., Room 210, Farnum Building Present: Senators Schmidt (C), Kowall, MacGregor, O’Brien and Hertel COMMITTEE ATTENDANCE REPORT he Committee on Natural Resources submitted the following: T Meeting held on Wednesday, April 27, 2016, at 12:30 p.m., Room 210, Farnum Building Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren Scheduled Meetings Appropriations - Wednesday, May 4, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-1801) Subcommittee State Police and Military Affairs - Tuesday, May 3, 8:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) Banking and Financial Institutions - Tuesday, May 3, 2:30 p.m., Room 100, Farnum Building (373-5323) Criminal Justice Policy Commission - Wednesday, May 4, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Finance - Tuesday, May 3, 2:30 p.m., Room 210, Farnum Building (373-5312) Health Policy - Tuesday, May 3, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Legislative Council - Wednesday, May 4, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:48 a.m. 630 JOURNAL OF THE SENATE [April 28, 2016] [No. 41 The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Tuesday, May 3, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 42 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Tuesday, May 3, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—present Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 632 JOURNAL OF THE SENATE [May 3, 2016] [No. 42 enator Peter MacGregor of the 28th District offered the following invocation: S Heavenly Father, thank You for always being present in this chamber. The issues before this chamber today are not unknown to You and neither are the Senators who will be discussing these issues unknown to You. In Your goodness, You have entrusted this group to have positions of decision-making. You and only You have established them as Your agents to bring about human flourishing. This body, You have established to bring about Your good purposes. Many view this as a place of power. However, Your desire is for it to be a place of service, care, justice, and love. Bless these legislators today. Guide our decisions. Give us wisdom, and give us the courage to set aside personal gain for a greater good when needed. Father, give us courage to be righteous instead of popular, to be fair instead of biased, and to be caring instead of calculating. Lord, we pray for a special blessing upon all the staff and their families. In the name of Your Son Jesus, I pray. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Knollenberg entered the Senate Chamber. Senator Kowall moved that Senators Proos, O’Brien, Meekhof, Nofs, Robertson and Stamas be temporarily excused from today’s session. The motion prevailed. enator Hood moved that Senator Johnson be temporarily excused from today’s session. S The motion prevailed. Senators Johnson, Robertson, Stamas, O’Brien, Meekhof and Proos entered the Senate Chamber. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Knezek and Bieda admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:06 a.m. 11:37 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senator Knezek introduced the Detroit Henry Ford High School Boys Varsity Basketball Team, 2016 MHSAA Class B State Champions, and Head Coach Ken Flowers; and presented them with a Special Tribute. Coach Flowers responded briefly. During the recess, Senator Bieda introduced the Warren Cousino High School Girls Varsity Basketball Team, 2016 MHSAA Class A State Champions, Coach Mike Lee, and Assistant Coach Gary Boehmer; and presented them with a Special Tribute. Coach Lee responded briefly. During the recess, Senator Nofs entered the Senate Chamber. The following communication was received and read: Office of the Auditor General April 29, 2016 nclosed is a copy of the following audit reports: E • Follow-up report on the performance audit of the Office of Rail, Michigan Department of Transportation. No. 42] [May 3, 2016] JOURNAL OF THE SENATE 633 • Performance audit report on the Law Enforcement Information Network, Michigan Department of State Police and Department of Technology, Management, and Budget. Sincerely, Doug Ringler Auditor General The audit reports were referred to the Committee on Government Operations. The following communication was received: Office of Senator Rebekah Warren April 27, 2016 I would like to request to be listed as a co‑sponsor on Senate Bill 859, as allowed by new Senate Rule 1.110(c). If you have any questions or need any additional information, please do not hesitate to contact me at (517) 373-2406 or senrwarren@senate.michigan.gov. Sincerely, Rebekah Warren State Senator 18th District The communication was referred to the Secretary for record. The following communication was received: Office of Senator Steven M. Bieda April 28, 2016 er Senate Rule 1.110(c), I am requesting that my name be added immediately as a co‑sponsor to Senate Bill 373, P which was introduced on June 4, 2015 by Senator Coleman Young and is currently in the Senate Commerce Committee. Sincerely, Steve Bieda State Senator 9th District The communication was referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Thursday, April 28: House Bill Nos. 4962 4963 4964 4965 4966 The Secretary announced the enrollment printing and presentation to the Governor on Friday, April 29, for his approval the following bill: Enrolled Senate Bill No. 331 at 12:44 p.m. The Secretary announced that the following bills were printed and filed on Thursday, April 28, and are available at the Michigan Legislature website: Senate Bill Nos. 922 923 924 925 926 927 928 929 House Bill Nos. 5609 5610 5611 5612 5613 5614 5615 5616 Messages from the Governor The following message from the Governor was received: Date: May 2, 2016 Time: 12:00 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 490 (Public Act No. 92), being An act to amend 1988 PA 378, entitled “An act to preserve personal privacy with respect to the purchase, rental, or borrowing of certain materials; and to provide penalties and remedies for violation of this act,” by amending sections 1, 2, 3, 4, and 5 (MCL 445.1711, 445.1712, 445.1713, 445.1714, and 445.1715), section 5 as added by 1989 PA 206. (Filed with the Secretary of State on May 2, 2016, at 1:00 p.m.) Respectfully, Rick Snyder Governor 634 JOURNAL OF THE SENATE [May 3, 2016] [No. 42 The following messages from the Governor were received and read: April 7, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Historical Commission Timothy J. Chester of 371 Sunset Avenue, N.W., Grand Rapids, Michigan 49504, county of Kent, representing the general public, succeeding Richard Mica, is appointed for a term expiring May 21, 2020. Susan Safford of 303 E. Etherington #808, Mackinaw City, Michigan 49701, county of Cheboygan, representing the general public, succeeding herself, is reappointed for a term expiring May 21, 2020. Larry J. Wagenaar of 6341 Redington Drive, S.E., Ada, Michigan 49301, county of Kent, representing the Historical Society of Michigan, succeeding himself, is reappointed for a term expiring May 21, 2020. Sincerely, Rick Snyder Governor April 25, 2016 I respectfully submit to the Senate the following appointments to office: Correctional Officers’ Training Council Jennifer E. Cobbina of 3340 Wharton Street, East Lansing, Michigan 48823, county of Ingham, representing the academic community, succeeding Timothy Eklin, is appointed for a term expiring March 29, 2019. William R. Henderson of 8343 Goldfinch Drive, Freeland, Michigan 48623, county of Saginaw, representing state correction officers, succeeding himself, is reappointed for a term expiring March 29, 2019. April 26, 2016 I respectfully submit to the Senate the following appointment to office: Mental Health Diversion Council Lia Gulick of 9079 E. St. Charles Road, Wheeler, Michigan 48662, county of Gratiot, the Department of Corrections designee, succeeding Joanne Sheldon, is appointed for a term expiring January 30, 2019. April 27, 2016 I respectfully submit to the Senate the following appointments to office: Residential Builders’ and Maintenance and Alteration Contractors’ Board Sidney J. Browne of 4280 Plank Road, Marine City, Michigan 48039, county of Saint Clair, representing the general public, succeeding himself, is reappointed for a term expiring March 31, 2020. John F. Kelly of 6085 Wing Lake Road, Bloomfield Hills, Michigan 48301, county of Oakland, representing licensed residential builders, succeeding himself, is reappointed for a term expiring March 31, 2020. April 27, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Veterans Facilities Board of Managers Robert L. Johnson of 2867 Voice Road, Kingsley, Michigan 49649, county of Grand Traverse, representing the American Legion, succeeding himself, is reappointed for a term expiring February 28, 2019. John Thorhauer of 725 West Middle Street, Apt. 22, Chelsea, Michigan 48118, county of Washtenaw, representing veterans, succeeding Lino Pretto, is appointed for a term expiring February 28, 2019. April 28, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Appellate Defender Commission Douglas E. Mains of 900 Long Boulevard, Apt. 255, Lansing, Michigan 48911, county of Ingham, representing the State Bar of Michigan, succeeding John Nussbaumer, is appointed for a term expiring May 24, 2019. Thomas J. Adams of 1415 Parker Street, Detroit, Michigan 48214, county of Wayne, the Governor’s designee, succeeding himself, is reappointed for a term expiring May 24, 2020. April 28, 2016 I respectfully submit to the Senate the following appointment to office: Governor’s Talent Investment Board Stephanie Beckhorn of 120 Twin Ponds, Okemos, Michigan 48864, county of Ingham, representing core programs, succeeding Christine Quinn, is appointed for a term expiring April 15, 2019. No. 42] [May 3, 2016] JOURNAL OF THE SENATE 635 April 29, 2016 I respectfully submit to the Senate the following appointment to office: Governor’s Traffic Safety Advisory Commission Matthew Saxton of 9647 Bellevue Road, Battle Creek, Michigan 49014, county of Calhoun, representing local government, succeeding himself, is reappointed for a term expiring May 27, 2019. Sincerely, Brian Calley Acting and Lieutenant Governor The appointments were referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. Senators Gregory, Horn, Jones, Proos, Emmons, Warren, Brandenburg, Knollenberg and Schmidt offered the following concurrent resolution: Senate Concurrent Resolution No. 30. A concurrent resolution to encourage the Governor to change the name of the Michigan Department of Corrections to the Michigan Department of Corrections and Rehabilitation. Whereas, In addition to holding offenders accountable, the Michigan Department of Corrections (MDOC) provides rehabilitative opportunities and reentry assistance. Ensuring public safety requires that the department house offenders in prison, but also that offenders leave supervision ready to become productive members of society who are less likely to commit crimes in the future; and Whereas, Quality rehabilitation and reentry services improve public safety, enhance offenders’ quality of life, and are a cost-effective use of taxpayer dollars. The MDOC works with prisoners throughout their sentences to prepare them for reentry into the community, providing educational opportunities and support services designed to give offenders the tools they need to receive parole and succeed when they return home; and Whereas, Rehabilitation services also function as an important bridge back into society because they afford prisoners an opportunity to engage with volunteers and professionals from the community who are invested in their success; and Whereas, The names of state departments should reflect their mission and the priorities assigned by the Governor and Legislature. Adding rehabilitation to the MDOC’s name will more clearly articulate the department’s vision to employees, offenders, and the general public; now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That we encourage the Governor to change the name of the Michigan Department of Corrections to the Michigan Department of Corrections and Rehabilitation; and be it further Resolved, That copies of this resolution be transmitted to the Governor and the Director of the Michigan Department of Corrections. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the concurrent resolution, Senator Kowall moved that the concurrent resolution be referred to the Committee on Michigan Competitiveness. The motion prevailed. Senator Bieda was named co‑sponsor of the concurrent resolution. Introduction and Referral of Bills Senators Hertel, Jones, Hood, Knezek and Bieda introduced Senate Bill No. 930, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 50 (MCL 750.50), as amended by 2007 PA 152. The bill was read a first and second time by title and referred to the Committee on Judiciary. 636 JOURNAL OF THE SENATE [May 3, 2016] [No. 42 Senators Jones, Hertel, Hood, Knezek and Bieda introduced Senate Bill No. 931, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16b of chapter XVII (MCL 777.16b), as amended by 2008 PA 562. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Proos, Horn, Jones, Gregory, Shirkey, Colbeck, Warren, Brandenburg, Knollenberg, Green and Nofs introduced Senate Bill No. 932, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding chapter IIIB. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. Senators Proos, Horn, Jones, Shirkey, Gregory, Colbeck, Warren, Brandenburg, Green, Booher, Nofs and Knollenberg introduced Senate Bill No. 933, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 4b to chapter XI. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. Senators Jones, Proos, Horn, Shirkey, Gregory, Warren, Brandenburg, Green and Knollenberg introduced Senate Bill No. 934, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 2 of chapter XI (MCL 771.2), as amended by 2010 PA 351. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. Senators Shirkey, Horn, Jones, Gregory, Colbeck, Proos, Emmons, Warren, Brandenburg, Pavlov, Nofs and Knollenberg introduced Senate Bill No. 935, entitled A bill to create the supervising region incentive program act; to create the supervising region incentive fund; to provide for use of the fund; and to provide for the powers and duties of certain state and local governmental officers and entities. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. Senators Emmons, Horn, Jones, Gregory, Colbeck, Proos, Warren, Knollenberg, Brandenburg, Green and Booher introduced Senate Bill No. 936, entitled A bill to provide for the use of evidence-based supervision practices; to prescribe the powers and duties of certain state departments and local agencies; to require the adoption of certain rules; to regulate the use of funds by certain state departments and local agencies; and to require certain reports. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. Senators Knollenberg, Proos, Warren, Emmons, Rocca, Brandenburg, Green, Booher and Nofs introduced Senate Bill No. 937, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 8a. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. Senators Colbeck, Horn, Jones, Gregory, Shirkey, Proos, Emmons, Warren, Rocca, Brandenburg, Knollenberg, Booher, Nofs and MacGregor introduced Senate Bill No. 938, entitled A bill to create the criminal justice data collection and management program act; to describe the criminal justice data collection and management program; to provide for certain grants; and to provide for the powers and duties of certain state and local governmental officers and entities. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. No. 42] [May 3, 2016] JOURNAL OF THE SENATE 637 Senators Nofs, Jones, Horn, Gregory, Shirkey, Colbeck, Proos, Emmons, Warren, Rocca, Brandenburg, Green, Booher and Knollenberg introduced Senate Bill No. 939, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 31b. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. Senators Proos, Jones, Horn, Gregory, Shirkey, Colbeck, Warren, Rocca, Brandenburg, Green, Knollenberg and Schmidt introduced Senate Bill No. 940, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 69b. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. Senators Jones, Horn, Gregory, Shirkey, Colbeck, Proos, Emmons, Warren, Brandenburg, Knollenberg, Green, Booher, Nofs and Schmidt introduced Senate Bill No. 941, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 44 (MCL 791.244), as amended by 1999 PA 191, and by adding section 44a. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. Senators Warren, Gregory, Proos, Emmons, Rocca, Brandenburg, Green, Booher, Nofs, Knollenberg and Schmidt introduced Senate Bill No. 942, entitled A bill to amend 1989 PA 196, entitled “An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim’s rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim’s rights services; and to prescribe the powers and duties of certain state and local agencies and departments,” by amending section 4 (MCL 780.904), as amended by 2015 PA 9. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. Senators Horn, Jones, Zorn, Gregory, Shirkey, Colbeck, Proos, Emmons, Rocca, Brandenburg, Knollenberg, MacGregor, Green, Booher, Nofs and Schmidt introduced Senate Bill No. 943, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 84. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. Senators Zorn, Horn, Jones, Gregory, Shirkey, Colbeck, Proos, Emmons, Rocca, Brandenburg, Knollenberg, MacGregor, Green, Booher, Nofs and Schmidt introduced Senate Bill No. 944, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 10b (MCL 400.10b), as amended by 2011 PA 198. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. Senators Johnson, Proos, Warren, Rocca, Brandenburg, Green, Booher, Nofs, Knollenberg and Schmidt introduced Senate Bill No. 945, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 62d. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. Senators Brandenburg, Proos, Warren, Knollenberg, Nofs, Green and Schmidt introduced Senate Bill No. 946, entitled A bill to establish and implement a work opportunity employer reimbursement program; and to prescribe the powers and duties of certain state agencies and officials. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. 638 JOURNAL OF THE SENATE [May 3, 2016] [No. 42 Senators Robertson, Jones, Horn, Gregory, Shirkey, Colbeck, Proos, Emmons, Warren, Rocca, Brandenburg, Green, Booher, Nofs, Knollenberg, MacGregor and Schmidt introduced Senate Bill No. 947, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 33 and 34d (MCL 791.233 and 791.234d), section 33 as amended by 1998 PA 320 and section 34d as added by 2014 PA 359. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. Senators Proos, Gregory, Warren, Brandenburg, Green, Booher, Nofs, Knollenberg and Schmidt introduced Senate Bill No. 948, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending the chapter heading and sections 3, 4, 5, and 6 of chapter XIA (MCL 771A.3, 771A.4, 771A.5, and 771A.6), as added by 2012 PA 616. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. Senators Proos, Jones, Horn, Shirkey, Gregory, Colbeck, Warren, Brandenburg, Green, Booher, Nofs and Knollenberg introduced Senate Bill No. 949, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 1086. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. House Bill No. 4962, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 2 and 2d of chapter XIIA (MCL 712A.2 and 712A.2d), section 2 as amended by 2014 PA 519 and section 2d as amended by 1998 PA 478. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4963, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 1m to chapter IX. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4964, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 117a (MCL 400.117a), as amended by 2015 PA 81. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4965, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 14a. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4966, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 64a. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Judiciary. enator Kowall moved that Senator Hansen be temporarily excused from the balance of today’s session. S The motion prevailed. No. 42] [May 3, 2016] JOURNAL OF THE SENATE 639 By unanimous consent the Senate returned to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 4990 House Bill No. 4991 House Bill No. 4992 House Bill No. 4993 House Bill No. 4994 The motion prevailed. The following bill was read a third time: House Bill No. 4990, entitled A bill to amend 1909 PA 279, entitled “The home rule city act,” by amending section 5f (MCL 117.5f), as amended by 2002 PA 201. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 223 Yeas—34 Ananich Hertel MacGregor Rocca Bieda Hildenbrand Marleau Schmidt Booher Hopgood Meekhof Schuitmaker Brandenburg Horn Nofs Shirkey Casperson Hune O’Brien Stamas Colbeck Johnson Pavlov Warren Emmons Jones Proos Young Green Knollenberg Robertson Zorn Gregory Kowall Nays—0 Excused—1 Hansen Not Voting—2 Hood Knezek In The Chair: Schuitmaker enator Bieda moved that Senators Knezek and Hood be temporarily excused from the balance of today’s session. S The motion prevailed. Senator Hood entered the Senate Chamber. 640 JOURNAL OF THE SENATE [May 3, 2016] [No. 42 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the incorporation of cities and for revising and amending their charters; to provide for certain powers and duties; to provide for the levy and collection of taxes by cities, borrowing of money, and issuance of bonds or other evidences of indebtedness; to validate actions taken, bonds issued, and obligations heretofore incurred; to prescribe penalties and provide remedies; and to repeal acts and parts of acts on specific dates,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4991, entitled A bill to amend 1895 PA 3, entitled “The general law village act,” by amending section 36 (MCL 68.36), as amended by 2002 PA 276. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 224 Yeas—35 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Stamas Colbeck Hune O’Brien Warren Emmons Johnson Pavlov Young Green Jones Proos Zorn Gregory Knollenberg Robertson Nays—0 Excused—2 Hansen Knezek Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the government of certain villages; to define their powers and duties; to provide for the levy and collection of taxes, borrowing of money, and issuance of bonds and other evidences of indebtedness by villages subject to this act; to define the powers and duties of certain state and local officers and entities; to define the application of this act and provide for its amendment by villages subject to this act; to validate prior amendments and certain prior actions taken and bonds issued by villages subject to this act; to provide for the disincorporation of villages; and to prescribe penalties and provide remedies,”. The Senate agreed to the full title. Senators Hansen and Knezek entered the Senate Chamber. No. 42] [May 3, 2016] JOURNAL OF THE SENATE 641 The following bill was read a third time: House Bill No. 4992, entitled A bill to amend 1909 PA 278, entitled “The home rule village act,” by amending section 24b (MCL 78.24b), as amended by 2002 PA 277. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 225 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 In The Chair: Schuitmaker Not Voting—0 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the incorporation of villages and for revising and amending their charters; to provide for the levy and collection of taxes, borrowing of money, and issuance of bonds and other evidences of indebtedness; to validate bonds issued and obligations previously incurred; and to prescribe penalties and provide remedies,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4993, entitled A bill to amend 1846 RS 16, entitled “Of the powers and duties of townships, the election and duties of township officers, and the division of townships,” by amending section 75b (MCL 41.75b), as amended by 2002 PA 226. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 226 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas 642 JOURNAL OF THE SENATE [May 3, 2016] [No. 42 Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4994, entitled A bill to amend 1851 PA 156, entitled “An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act,” by amending section 11c (MCL 46.11c), as amended by 2002 PA 275. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 227 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 In The Chair: Schuitmaker Not Voting—0 No. 42] [May 3, 2016] JOURNAL OF THE SENATE 643 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. Committee Reports The Committee on Transportation reported Senate Bill No. 367, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 811jj. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, April 28, 2016, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood The Committee on Elections and Government Reform reported Senate Bill No. 189, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 2421b, 2421c, 2421d, and 2421e (MCL 600.2421b, 600.2421c, 600.2421d, and 600.2421e), as added by 1984 PA 197. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David B. Robertson Chairperson To Report Out: Yeas: Senators Robertson, Colbeck, Emmons and Shirkey Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Elections and Government Reform reported Senate Bill No. 190, entitled A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 123 (MCL 24.323), as added by 1984 PA 196. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David B. Robertson Chairperson To Report Out: Yeas: Senators Robertson, Colbeck, Emmons and Shirkey Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Elections and Government Reform reported Senate Bill No. 640, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 957 (MCL 168.957). 644 JOURNAL OF THE SENATE [May 3, 2016] [No. 42 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. David B. Robertson Chairperson To Report Out: Yeas: Senators Robertson, Colbeck, Emmons and Shirkey Nays: None The bill was referred to the Committee of the Whole. The Committee on Elections and Government Reform reported Senate Bill No. 886, entitled A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 71, 72, 80, 87, and 115 (MCL 24.271, 24.272, 24.280, 24.287, and 24.315), section 71 as amended by 1984 PA 28, section 80 as amended by 1984 PA 196, and section 115 as amended by 1996 PA 489. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David B. Robertson Chairperson To Report Out: Yeas: Senators Robertson, Colbeck, Emmons and Shirkey Nays: None The bill was referred to the Committee of the Whole. The Committee on Elections and Government Reform reported House Bill No. 5407, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 175 and 177 (MCL 168.175 and 168.177). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David B. Robertson Chairperson To Report Out: Yeas: Senators Robertson, Colbeck, Emmons and Shirkey Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Elections and Government Reform submitted the following: T Meeting held on Thursday, April 28, 2016, at 9:00 a.m., Rooms 402 and 403, Capitol Building Present: Senators Robertson (C), Colbeck, Emmons and Shirkey Excused: Senator Hood COMMITTEE ATTENDANCE REPORT he Committee on Energy and Technology submitted the following: T Meeting held on Thursday, April 28, 2016, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Nofs (C), Proos, Horn, Schuitmaker, Hune, Shirkey, Zorn, Hopgood, Knezek and Bieda COMMITTEE ATTENDANCE REPORT he Committee on Veterans, Military Affairs and Homeland Security submitted the following: T Meeting held on Thursday, April 28, 2016, at 2:00 p.m., Room 110, Farnum Building Present: Senators O’Brien (C), Emmons, Colbeck and Knezek Excused: Senator Zorn No. 42] [May 3, 2016] JOURNAL OF THE SENATE 645 COMMITTEE ATTENDANCE REPORT he Subcommittee on State Police and Military Affairs submitted the following: T Meeting held on Tuesday, May 3, 2016, at 8:30 a.m., Rooms 402 and 403, Capitol Building Present: Senators Nofs (C), Colbeck and Knezek Scheduled Meetings Appropriations - Wednesday, May 4, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-1801) Commerce - Wednesday, May 4, 9:00 a.m., Room 210, Farnum Building (373-5312) Criminal Justice Policy Commission - Wednesday, May 4, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Energy and Technology - Wednesday, May 4 and Thursday, May 5, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Families, Seniors and Human Services - Wednesday, May 4, 3:00 p.m., Room 210, Farnum Building (373-5323) (CANCELED) Joint Select Committee on the Flint Water Public Health Emergency - Tuesday, May 10, 8:00 a.m., Senate Hear­ ing Room, Ground Floor, Boji Tower (373-5307) Legislative Council - Wednesday, May 4, 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Natural Resources - Wednesday, May 4, 12:30 p.m., Room 210, Farnum Building (373-1721) (CANCELED) Regulatory Reform - Wednesday, May 4, 2:00 p.m., Rooms 402 and 403, Capitol Building (373-5323) Transportation - Thursday, May 5, 8:30 a.m., Room 210, Farnum Building (373-5312) Veterans, Military Affairs and Homeland Security - Thursday, May 5, 11:30 a.m., Room 110, Farnum Building (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 12:01 p.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Wednesday, May 4, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 646 No. 43 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Wednesday, May 4, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Assistant Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—present Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 648 JOURNAL OF THE SENATE [May 4, 2016] [No. 43 Pastor Patrick Rouse of Mt. Zion Church of Clarkston offered the following invocation: Dear Heavenly Father, thank You for the opportunity to come before You through Your Son Jesus Christ. We thank You for Your ways and Your will, which are always right for our lives, even when they seem contrary to our desires. Let us seek Your truth in this day, so that we may all bless the amazing people of this great state with Your wisdom. Bless each one here who represents and serves the people of Michigan with understanding. May Your ways be seen through their actions, making our state a shining example to the rest of the nation. Provide them and their families with Your hedge of protection and continued safety in these unsettling times. Father, we thank You for Your provision. May each of us do well with what You have given to us. I ask that as we turn toward You, Lord, that Your blessing continue upon us and all that we put our hands to. In Your holy name, we pray. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Hopgood entered the Senate Chamber. Senator Kowall moved that Senators Horn, Nofs, Proos, Schuitmaker, Shirkey and Zorn be temporarily excused from today’s session. The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Meekhof admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. enator Hood moved that Senators Bieda, Johnson, Knezek and Young be temporarily excused from today’s session. S The motion prevailed. Senator Meekhof asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Meekhof’s statement is as follows: I rise today to acknowledge the 150th anniversary of America’s oldest soft drink, Vernors. In the 1800s, James Vernor experimented with creating a ginger ale extract and was called to duty for the Civil War in 1862. He stored his mixture in an oak barrel during his absence. Upon returning from battle four years later, he opened his own pharmacy and his stored drink to discover it had mellowed. He began serving Vernor’s Ginger Ale in 1866. For years, the only place you could buy Vernor’s was from the fountain in James Vernor’s pharmacy located at 133 Woodward Avenue in downtown Detroit. The demand for this refreshing drink grew, and soon soda fountains throughout the city started selling cold, carbonated Vernor’s. By 1896, James Vernor moved the ginger ale business to 33 Woodward Avenue. By 1940, the Vernor’s bottling facility was known as the most modern in the world. In 1959, Vernor’s was purchased, became a public company, and the apostrophe was dropped. Today, Vernors is a part of the Dr. Pepper Snapple Group, which has a strong presence in Michigan. A large percentage of Vernors’ overall volume is bottled in my district at the company’s Holland production facility. Thank you for giving me the opportunity to recognize a Michigan icon. Senators Horn, Bieda, Proos, Knezek, Nofs, Zorn and Schuitmaker entered the Senate Chamber. enator Kowall moved that rule 2.106 be suspended to allow committees to meet during Senate session. S The motion prevailed, a majority of the members serving voting therefor. Senator Hood stated that had he been present on May 3 when the vote was taken on the passage of the following bill, he would have voted “yea”: House Bill No. 4990 No. 43] [May 4, 2016] JOURNAL OF THE SENATE 649 Senator Kowall moved that the Committee on Appropriations be discharged from further consideration of the following bills: Senate Bill No. 800, entitled A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2017 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations. Senate Bill No. 801, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 17b, 201, and 236 (MCL 388.1611, 388.1617b, 388.1801, and 388.1836), section 11 as amended by 2015 PA 139, section 17b as amended by 2007 PA 137, and sections 201 and 236 as amended by 2015 PA 85. The motion prevailed, a majority of the members serving voting therefor, and the bills were placed on the order of General Orders. Senator Kowall moved that the rules be suspended and that the following bills, now on the order of General Orders, be placed on the General Orders calendar for consideration today: Senate Bill No. 800 Senate Bill No. 801 The motion prevailed, a majority of the members serving voting therefor. The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, May 3: House Bill Nos. 5341 5342 5343 5344 The Secretary announced that the following bills were printed and filed on Tuesday, May 3, and are available at the Michigan Legislature website: Senate Bill Nos. 930 931 932 933 934 935 936 937 938 939 940 941 942 943 944 945 946 947 948 949 House Bill Nos. 5617 5618 5619 5620 5621 5622 5623 5624 5625 5626 5627 5628 5629 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:10 a.m. 11:47 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senators Shirkey, Young and Johnson entered the Senate Chamber. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Stamas as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 800, entitled A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2017 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations. Substitute (S-1). 650 JOURNAL OF THE SENATE [May 4, 2016] [No. 43 The following are the amendments to the substitute recommended by the Committee of the Whole: 1. Amend page 30, line 27, by striking out “4,500,000” and inserting “3,000,000”. 2. Amend page 31, line 8, by striking out “113,676,900” and inserting “112,176,900”. 3. Amend page 31, line 20, by striking out “105,956,400” and inserting “104,456,400”. 4. Amend page 32, line 26, by striking out “13,500,000” and inserting “15,000,000”. 5. Amend page 33, line 1, by striking out “271,922,700” and inserting “273,422,700”. 6. Amend page 33, line 10, by striking out “255,356,100” and inserting “256,856,100”. 7. Amend page 62, following line 17, by inserting: “Sec. 436. The funds appropriated in part 1 for the public safety initiative shall be distributed as follows: (a) $1,250,000.00 to the Saginaw County jail as reimbursement for housing individuals who have been arrested and are awaiting arraignment in Genesee County. (b) $1,250,000.00 to lease bed space from county jails outside of Genesee County to house offenders sentenced to jail in Genesee County. (c) $500,000.00 for electronic monitoring of offenders who would otherwise be sentenced to jail in Genesee County.”. 8. Amend page 88, following line 27, by inserting: “Chief information officer—1.0 FTE...................................................................................... 100”. 9. Amend page 89, line 1, by striking out “2,681,100” and inserting “2,861,200”. 10. Amend page 89, line 8, by striking out “1,834,600” and inserting “1,834,700”. 11. Amend page 172, following line 11, by inserting: “Kalamazoo valley community college - healthy living campus............................................ 100”. 12. Amend page 172, line 10, by striking out “5,486,000” and inserting “4,486,000”. 13. Amend page 172, line 12, by striking out “28,264,600” and inserting “28,264,700”. 14. Amend page 172, line 18, by striking out “17,386,100” and inserting “17,386,200”. 15. Amend page 176, following line 26, by inserting: “Office of urban initiatives...................................................................................................... $ 100”. 16. Amend page 177, line 6, by striking out “10,709,300” and inserting “10,709,400”. 17. Amend page 180, following line 16, by inserting: “Financial data analytical tool reimbursement........................................................................ 100”. 18. Amend page 180, line 17, by striking out “18,237,600” and inserting “18,237,700”. 19. Amend page 180, line 27, by striking out “12,127,800” and inserting “12,127,900”. 20. Amend page 193, line 15, by striking out all of section 207 and inserting: “Sec. 207. Concurrent with submission of the fiscal year 2017-2018 executive budget recommendation, the state budget office shall provide the senate and house appropriations committees, the senate and house appropriations subcommittees on each state department, and the senate and house fiscal agencies and policy offices, with a report that lists each new program or program enhancement for which funds in excess of $500,000.00 are appropriated in part 1 of each departmental appropriation act. The listing of new or enhanced programs shall be ranked in the order of estimated return on taxpayer investment determined by the state budget office. The program performance shall use program-specific metrics, in addition to the metrics required under section 447 of the management and budget act, 1984 PA 431, MCL 18.1447, to measure the return on taxpayer investment. The state budget office shall use the estimated performance of the new program or program enhancement as the basis for any increase in funds appropriated from the prior fiscal year. The state budget office shall provide a report on each department’s status in meeting the program specific metrics and the progress in meeting the estimated return on taxpayer investment for each program, by September 30 of the 2016-2017 fiscal year, to the senate and house appropriations committees, the senate and house appropriations subcommittees on each state department, and the senate and house fiscal agencies and policy offices.”. 21. Amend page 206, following line 23, by inserting: “Sec. 317. (1) The department of attorney general shall provide a report by July 1 providing a detailed accounting of all funds spent by the department of attorney general for any legal costs or associated expenses related to the declaration of emergency due to drinking water contamination, and the investigations and any resulting prosecutions resulting thereof. The report shall be made available on the department of attorney general’s publicly accessible website and shall be distributed to the state budget director, the chairs of the senate and house of representatives standing committees on appropriations subcommittees on general government, as well as the senate and house fiscal agencies. (2) At the conclusion of all Attorney General investigations related to the declaration of emergency due to drinking water contamination, all materials related to all of those investigations shall be preserved at an academic institution or other facility capable of preserving all related documents.”. 22. Amend page 213, line 3, after “provide” by striking out “quarterly” and inserting “semi-annual”. 23. Amend page 213, line 4, by striking out “beginning December 31, 2016.” and inserting “due by February 15 and July 15.”. No. 43] [May 4, 2016] JOURNAL OF THE SENATE 651 24. Amend page 214, following line 25, by inserting: “(n) The report also shall include a listing of all programs designed to reduce recidivism in each of the following: (i) A state correctional facility. (ii) A local jail. (iii) A county jail. (iv) All persons currently on parole. (v) All persons currently on probation. (o) For all programs listed in subdivision (n), the report also shall include all of the following: (i) The duration of the program. (ii) The total cost of providing the program. (iii) The dropout rate amongst program participants for each of the programs listed in subdivision (n). (iv) The percentage of program participants who are arrested within 3 years and within 5 years of completion of the program for each program listed in subdivision (n). (v) The percentage of program participants who are convicted of a criminal offense within 3 years and within 5 years of completion of the program for each program listed in subdivision (n). (vi) The percentage of program participants who return to a state correctional facility, a local jail, or a county jail within 3 years and within 5 years of completion of the program for each program listed in subdivision (n).”. 25. Amend page 226, following line 16, by inserting: “Sec. 718. From the funds appropriated in part 1 to the department of state, branch operations, the department shall maintain a full service secretary of state branch office in Buena Vista Township.”. 26. Amend page 243, line 10, by striking out all of subsection (7). 27. Amend page 244, following line 18, by inserting: “Sec. 849. From the funds appropriated in part 1 for entrepreneurship eco-system, $100.00 shall be allocated as an aerospace supplier expansion grant to a Michigan association that has a developmental plan for an aerospace supplier network.”. 28. Amend page 307, following line 16, by inserting: “Sec. 1049h. (1) The funds appropriated in part 1 for financial data analytical tool reimbursement, shall be used for the reimbursement to counties, cities, villages, and townships for the licensing of data analytical tools described under this section. The reimbursement is for those entities that choose to use data analytical tools to assist the jurisdiction and that enters into a new or continues an existing licensing agreement for a data analytical tool with 1 of the vendors approved by the department of technology, management and budget under (2) by October 15, 2016. Funds allocated under this under this section are intended to provide counties, cities, villages, and townships with financial forecasting and transparency reporting tools to help improve the financial health of districts and to improve communication with the public, resulting in increased fund balances for counties, cities, villages, and townships. (2) Not later than October 15, 2015, the department of technology, management, and budget shall review vendors for data analytical tools and provide counties, cities, villages, and townships with a list of at least 2 and up to 4 approved vendors for a reimbursement paid under this section. For a vendor to be eligible for reimbursement paid under this section, it must meet at least all of the following: (a) Analyze financial data. (b) Provide an early warning measure. (c) Provide peer jurisdiction comparison of financial data. (d) Allow for shared services and collaboration. (e) Model future budgets and forecasts for at least 3 subsequent fiscal years. (f) Meet the transparency and accountability requirements for the communities that are eligible to receive city, village, and township statutory revenue sharing or county incentive program revenue sharing. (3) Funds allocated under this section shall be paid to counties, cities, villages, and townships as a reimbursement for already having a licensing agreement or for entering into a licensing agreement not later than December 1, 2016 with a vendor approved under (2) to implement a data analytical tool. Reimbursement will be prorated for the portion of the state fiscal year not covered by the licensing agreement. However, a licensing agreement that takes effect after October 1, 2016 and before December 1, 2016 will not be prorated if the term of agreement is at least 1 year. Reimbursement under this section shall be made as follows: (a) All counties, cities, villages, and townships seeking reimbursement shall submit requests not later than December 1, 2016 indicating the cost paid for the financial data analytical tool. (b) The Department of Treasury shall determine the sum of the funding requests under subdivision (a) and, if there are sufficient funds, shall pay 1/2 of the costs submitted under subdivision (a). If there are insufficient funds to pay 1/2 of the costs submitted under subdivision (a), then reimbursement shall be made on an equal percentage basis. (c) Funds remaining after the calculation and payments made under subdivision (b) shall be distributed on an equal per-capita basis to local jurisdictions that have purchased a financial data analytical tool approved under (2).”. 652 JOURNAL OF THE SENATE [May 4, 2016] [No. 43 29. Amend page 311, line 14, after “does not” by striking out the balance of the subdivision and inserting “submit the required certification, citizen’s guide, performance dashboard, debt service report, and projected budget report by December 1 or the first day of a payment month, the city village, township, or county shall either defer or forfeit the payment. In order to qualify for a deferred payment of a previously forfeited payment, a city, village, township, or county shall submit the required certification, citizen’s guide, performance dashboard, debt service report, and projected budget report by February 1. The deferred payment shall be paid on the last business day of August.”. 30. Amend page 546, line 13, by striking out “1,000,000” and inserting “2,000,000”. 31. Amend page 546, line 23, by striking out “1,000,000” and inserting “2,000,000”. 32. Amend page 650, line 6, by striking out “99,332,500” and inserting “101,532,500”. 33. Amend page 650, line 13, by striking out “39,855,300” and inserting “42,055,300”. 34. Amend page 650, following line 19, by inserting: “Smart 911............................................................................................................................... 2,200,000”. 35. Amend page 671, following line 4, by inserting: “Sec. 406. The appropriation in part 1 for smart 911 shall be for the purpose of implementing a statewide public safety emergency information portal (PSEIP) system; a hosted national supplemental 911 database containing relevant public safety information entered by individuals via a secure web site. Information in the data base shall be updated twice annually and be automatically delivered to public safety answering points which shall make the information available to first responders in emergency scenarios when a 9-1-1 call is placed. The PSEIP shall collect additional data regarding the protection of critical infrastructure, including the virtualized collection of facility information including, but not limited to floorplans, location of hazardous materials and other information that can be utilized by public safety agencies in the event of an incident within a facility. PSEIP services shall be provided at no cost to residents, shall be made available throughout the state and be compliant with all accessibility elements of section 508 of the rehabilitation act of 1973 as amended, 29 U.S.C. § 794 (d). The appropriation shall be for the purpose of defraying the initial costs associated with implementation of the PSEIP system, including license, installation, support, training, and maintenance costs.”. 36. Amend page 689, line 6, by striking out “$1,057,776,900” and inserting “$1,022,586,900”. 37. Amend page 689, line 12, by striking out “797,470,600” and inserting “762,280,600”. 38. Amend page 689, line 13, by striking out “444,625,500” and inserting “425,005,500”. 39. Amend page 691, line 10, by striking out “$180,000,000” and inserting “$170,000,000” and adjusting the subtotals, totals, and section 201 accordingly. 40. Amend page 712, following line 13, by inserting: “Sec. 502. From the funds appropriated in part 1, the department shall conduct a pilot program to cycle test concrete pavement segments treated with a cement hydration catalyst and sealant. The test shall simulate a longer design life on simulated state trunkline roads. The department shall, in accordance with Public Act 51 of 1951 and the department’s new materials evaluation program, conduct a cement hydration catalyst and sealant pilot program of sufficient length of reconstructed or newly constructed state trunkline, and test the quality and durability of the road segments. Upon completing the testing, the department shall issue a report to the legislature on the relative durability and quality of the treated pavement segments.”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Stamas as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 777, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. Substitute (S-4). The following are the amendments to the substitute recommended by the Committee of the Whole: 1. Amend page 5, following line 17, by inserting: “(3) CHILDREN’S SERVICES AGENCY - CHILD WELFARE Foster care payments.................................................................................................................... 321,000 GROSS APPROPRIATION.......................................................................................................... $ 321,000 Appropriated from: State general fund/general purpose.............................................................................................. $ 321,000”. No. 43] [May 4, 2016] JOURNAL OF THE SENATE 653 2. Amend page 7, line 21, by striking out “50,000,000” and inserting “48,883,300”. 3. Amend page 7, following line 21, by inserting: “Drinking water declaration of emergency county reimbursement......................................... 1,116,700”. 4. Amend page 7, line 22, by striking out “50,000,000” and inserting “49,679,000”. 5. Amend page 7, line 24, by striking out “50,000,000” and inserting “49,679,000” and adjusting the subtotals, totals, and section 201 accordingly. 6. Amend page 12, following line 25, by inserting: “Sec. 603. For all licensed private child welfare agencies under contract with the department that provide foster care, independent living and residential treatment services in the water catchment area of a city in which a drinking water declaration of emergency was issued, the department shall compensate the agencies for the increased level of required care and supervision mandated by the department for the children and youth in the care of the licensed private child welfare agencies by providing an additional administrative rate of $10.00 per day per child served by the agencies in the water catchment area of a city in which a drinking water declaration of emergency was issued. This payment shall be paid to the licensed private agencies, retroactive to January 11, 2016 and shall continue at least through September 30, 2016.”. 7. Amend page 16, following line 26, by inserting: “Sec. 903. From the funds appropriated in part 1 for drinking water declaration of emergency county reimbursement, an amount not to exceed $1,116,700.00 shall be provided to a county in which a declaration of emergency for drinking water contamination was issued to pay for costs and expenses associated with the declaration of emergency for drinking water. Eligible costs and expenses may include, but are not limited to, the following: (a) To build a database and grid for the emergency operations center to assist in the development of an emergency action plan. (b) To establish a multi-media network for the emergency operations center and to provide ongoing information technology support. (c) To set up a system with local fire stations for the delivery of clean water and water filters and to ensure clear access from snow to the emergency operations center’s warehouse for the delivery of clean water and water filters. (d) To create a mapping data system for the emergency operations center to assist with the development of an emergency action plan. (e) To provide personnel for the emergency operations center for the distribution of clean water and clean water filters in a city in which a declaration of emergency for drinking water contamination was made. (f) To meet with city and state officials to assist in the preparation of the emergency action plan. (g) To provide extensive testing and screening prior to and since the declaration of emergency for drinking water contamination in a city in which such a declaration was made.”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar: Senate Bill No. 777 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: Senate Bill No. 777, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2016; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 228 Ananich Bieda Yeas—34 Hood Hopgood MacGregor Rocca Marleau Schmidt 654 JOURNAL OF THE SENATE [May 4, 2016] [No. 43 Booher Horn Meekhof Schuitmaker Brandenburg Hune Nofs Shirkey Green Johnson O’Brien Stamas Gregory Jones Pavlov Warren Hansen Knezek Proos Young Hertel Knollenberg Robertson Zorn Hildenbrand Kowall Nays—3 Casperson Colbeck Emmons Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar: Senate Bill No. 800 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: Senate Bill No. 800, entitled A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2017 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, Senator Hopgood offered the following amendments: 1. Amend page 92, line 5, by striking out “124,200,000” and inserting “159,400,000”. 2. Amend page 92, line 6, by striking out “175,061,800” and inserting “192,261,800”. 3. Amend page 92, line 9, by striking out “137,156,500” and inserting “171,356,500”. 4. Amend page 92, line 13, by striking out “37,590,700” and inserting “38,590,700” and adjusting the subtotals, totals, and section 201 accordingly. 5. Amend page 112, following line 7, by inserting: “Sec. 1009. From the funds appropriated in part 1 for child development care public assistance, the department shall modify program requirements to raise the family income eligibility rate to 150% of the federal poverty rate.”. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 229 Ananich Bieda Gregory Yeas—12 Hertel Hood Hopgood Johnson Rocca Jones Warren Knezek Young No. 43] [May 4, 2016] JOURNAL OF THE SENATE 655 Nays—25 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Knollenberg O’Brien Shirkey Emmons Kowall Pavlov Stamas Green MacGregor Proos Zorn Hansen Excused—0 Not Voting—0 In The Chair: Schuitmaker Senator Hopgood offered the following amendments: 1. Amend page 128, line 8, by striking out “14,901,900” and inserting “15,401,900”. 2. Amend page 130, line 3, by striking out “4,366,100” and inserting “4,866,100” and adjusting the subtotals, totals, and section 201 accordingly. 3. Amend page 148, following line 1, by inserting: “RESOURCE MANAGEMENT DIVISION Sec. 601. From the funds appropriated in part 1 for drinking water and environmental health, the department shall allocate $500,000 for staff training on proper interpretation and application of the federal lead and copper rule under the safe drinking water act.”. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 230 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Rocca Nays—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Excused—0 656 JOURNAL OF THE SENATE [May 4, 2016] [No. 43 Not Voting—0 In The Chair: Schuitmaker Senator Hopgood offered the following amendment: 1. Amend page 148, following line 1, by inserting: “RESOURCE MANAGEMENT DIVISION Sec. 501. From the funds appropriated in part 1, the department shall assemble a workgroup to examine policies and procedures regarding the following: (a) Sampling and other procedures related to the switch of a municipal water source. (b) Methods of testing and verification of tier 1 sites under the lead and copper rule promulgated under the federal safe drinking water act. (c) Information provided to the public regarding water sampling procedures and locations. The department shall submit a copy of the workgroup’s findings to the house and senate standing committees addressing environmental and public health issues, the house and senate appropriations subcommittees on environmental quality, and the house and senate fiscal agencies.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 231 Yeas—12 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Rocca Zorn Nays—25 Booher Hildenbrand MacGregor Proos Brandenburg Horn Marleau Robertson Casperson Hune Meekhof Schmidt Colbeck Jones Nofs Schuitmaker Emmons Knollenberg O’Brien Shirkey Green Kowall Pavlov Stamas Hansen Excused—0 Not Voting—0 In The Chair: Schuitmaker Senator Young offered the following amendments: 1. Amend page 693, following line 24, by inserting: “Woodhaven rail street separation........................................................................................... 14,777,000”. 2. Amend page 694, line 1, by striking out “10,400,000” and inserting “25,177,000” and adjusting the subtotals, totals, and section 201 accordingly. The amendments were not adopted, a majority of the members serving not voting therefor. No. 43] [May 4, 2016] JOURNAL OF THE SENATE 657 enator Hood requested the yeas and nays. S The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 232 Yeas—11 Ananich Gregory Bieda Hertel Colbeck Hood Hopgood Warren Johnson Young Knezek Nays—26 Booher Horn Meekhof Rocca Brandenburg Hune Nofs Schmidt Casperson Jones O’Brien Schuitmaker Emmons Knollenberg Pavlov Shirkey Green Kowall Proos Stamas Hansen MacGregor Robertson Zorn Hildenbrand Marleau Excused—0 Not Voting—0 In The Chair: Schuitmaker Senator Young offered the following amendments: 1. Amend page 328, line 16, by striking out “11,621,300” and inserting “12,086,300”. 2. Amend page 328, line 23, by striking out “188,445,100” and inserting “188,910,100”. 3. Amend page 329, line 9, by striking out “13,218,600” and inserting “13,683,600” and adjusting the subtotals, totals, and section 201 accordingly. 4. Amend page 379, following line 4, by inserting: “Sec. 454. From the funds appropriated in part 1 for the Michigan community service commission, $465,000.00 shall be allocated to My Brother’s Keeper-Michigan. The funding shall be used to support the initiatives to improve outcomes for youth including boys and young men of color.”. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 233 Yeas—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt 658 JOURNAL OF THE SENATE [May 4, 2016] [No. 43 Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 234 Yeas—26 Bieda Hansen Meekhof Rocca Booher Hildenbrand Nofs Schmidt Brandenburg Horn O’Brien Schuitmaker Casperson Knollenberg Pavlov Shirkey Colbeck Kowall Proos Stamas Green MacGregor Robertson Zorn Gregory Marleau Nays—11 Ananich Hood Johnson Warren Emmons Hopgood Jones Young Hertel Hune Knezek Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. Protest Senator Hopgood, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 800 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.” The motion prevailed. No. 43] [May 4, 2016] JOURNAL OF THE SENATE 659 enator Hopgood’s statement is as follows: S Colleagues, this terrible tragedy that’s happened in Flint has given us an opportunity, albeit a grim one. We now have an opportunity to clean up the environmental disaster the Governor’s administration has created in our state. I’m not just talking about the failure of the emergency managers, though they were certainly part of it. I’m referring to the deep-rooted culture problem at the Michigan Department of Environmental Quality. That’s not a political statement. It’s a problem that’s been acknowledged by both the Governor and his handpicked task force. This budget has failed to correct the department. We could be providing resources for studies and training that would protect the health of our citizens and our environment, as the Flint Water Task Force report has recommended. Yet we’re not. The majority here seems unwilling to acknowledge mistakes and take the steps necessary to address them. I cannot in good conscience vote for an MDEQ budget that spends money irresponsibly, underestimates the solid recommendations put forth by the Flint Water Task Force report, and does not actively work to prevent another crisis. Colleagues, I strongly urge you to reconsider and fill in the gaps. Our state’s well-being depends on it. Senators Hopgood and Young asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Hopgood’s first statement is as follows: Colleagues, we have the opportunity to make a small initial investment that will yield massive dividends for lowincome families in this state. My amendment would appropriate $1 million to increase access to childcare assistance for low-income families. By setting the eligibility threshold to 150 percent of the poverty level, our state would be eligible for $34.2 million in federal funding. To reiterate, spending $1 million will result in an additional $34.2 million in federal funding. That’s a stupendous deal, one that you’d have to be fiscally irresponsible to vote against. It’s a deal that would mean more opportunities for a better life for our families. enator Hopgood’s second statement is as follows: S Colleagues, we’ve learned a lot about the mistakes that led to the Flint water crisis thanks to the Flint Water Task Force report and the Joint Select Committee on the Flint Water Public Health Emergency. The Governor’s task force recommended that the state Office of Drinking Water and Municipal Assistance heighten its focus on protection of public health and provide technical assistance to advance public water system performance. That’s why my amendment would give $500,000 to the Michigan Department of Environmental Quality to train staff on how to properly apply the Lead and Copper Rule and to ensure that staff is current on any public health and safety updates. A well-informed and empowered staff will help make sure an environmental crisis of this scale doesn’t happen again in Michigan. The Michigan Department of Environmental Quality must do better than the bare minimum. It must prioritize the health of the people of Michigan over the bottom line. enator Hopgood’s third statement is as follows: S The Flint Water Task Force report recommended strengthening the Safe Drinking Water Act enforcement, particularly for the Lead and Copper Rule. We have the ability to do that on a state level. We need to make sure we’re moving forward with the best possible policies and procedures. My amendment will commission a workgroup to examine a number of MDEQ policies. These include the procedures and sampling that surrounds switching a water source, the methods of testing and verification of Tier 1 sites under the Lead and Copper Rule, and how sampling procedures are communicated to consumers. We can’t wait for the federal government to catch up here. We must ensure that we’re testing true Tier 1 sites, testing in a uniform way so as to avoid skewing results, and relaying testing procedures in a consistent way to consumers. Legitimate data is key. We can’t hope to avoid a future crisis until we examine these crucial areas of policy breakdown. enator Young’s first statement is as follows: S I want to start off by thanking the chair of the Transportation subcommittee for adding boilerplate language that supports the Woodhaven project. But boilerplate isn’t funding, and this amendment works hand in hand with the boilerplate by actually providing the necessary funds. If you live in the Woodhaven community, you know why it is such a big problem. Huge freight trains pass through Allen Road tying up traffic for up to 40 minutes at a time. It’s not just about a commute either. Deliveries are held up to Chrysler and Ford. Ambulances can be blocked on their way to the closest regional trauma center. This is about saving, protecting, and preserving lives. It’s a serious problem that we can help alleviate. It splits right through the business district, and you can’t do that to small business, Madam President. My amendment would provide Woodhaven with the $14.7 million they need to build a bridge to alleviate this decadeslong issue. 660 JOURNAL OF THE SENATE [May 4, 2016] [No. 43 enator Young’s second statement is as follows: S Colleagues, my amendment will allocate $465,000 to start a state version of the President’s My Brother’s Keeper program. You know, when President Obama was growing up, he harbored a lot of anger and frustration, and he was also very saddened by the fact that his father wasn’t around. He knew the odds were always going to be stacked against him and people like him. But he also wanted to break the cycle of hopelessness. That’s why he created the My Brother’s Keeper initiative, which helps young men of color living through tough times. The program is designed to identify and increase impact in key areas, like early learning, parenting, family engagement, literacy, college affordability, economic opportunity, diversity, interactions with the criminal justice system, and healthy families and communities. Colleagues, that’s huge. On a personal note, I lost my father when I was very young. My father didn’t see me graduate from high school. He didn’t see me go to college. He didn’t see me get elected. To have a program with a support system around men, young black men specifically, I think that this is a program worth funding. I think that this is one of the greatest things that the President has done. I think that this will be part of his legacy. I also think this will be a part of Michigan’s legacy. I think that there are a lot of young men who have lost their fathers at early ages, and we need a support system. I have one at home, my mother and my family, and I’m very blessed and thankful for that. Not everyone does. To have a program that will provide that for young men who really need it, to help them truly fulfill their potential, I think not only is a blessing, but I also think it is uniquely American and totally Pure Michigan. I would hope to have everyone’s support, because it is on us to carry that vision forward and provide the relief and stability for those who need it most. Recess enator Kowall moved that the Senate recess until 1:00 p.m. S The motion prevailed, the time being 12:39 p.m. The Senate reconvened at the expiration of the recess and was called to order by the Assistant President pro tempore, Senator O’Brien. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 1:01 p.m. 1:08 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Stamas as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 801, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11, 17b, 201, and 236 (MCL 388.1611, 388.1617b, 388.1801, and 388.1836), section 11 as amended by 2015 PA 139, section 17b as amended by 2007 PA 137, and sections 201 and 236 as amended by 2015 PA 85. Substitute (S-1). The following are the amendments to the substitute recommended by the Committee of the Whole: 1. Amend page 57, line 26, after “22G.” by striking out the balance of the line through line 9 on page 58. 2. Amend page 71, following line 22, by inserting: “(D) THE DISTRICT HAS NOT ENTERED INTO AND IS NOT CURRENTLY OPERATING UNDER A LOCAL GOVERNMENT OPTION UNDER THE LOCAL FINANCIAL STABILITY AND CHOICE ACT, 2012 PA 436, MCL 141.1541 TO 141.1575, OR A SUCCESSOR ACT.”. No. 43] [May 4, 2016] JOURNAL OF THE SENATE 661 3. Amend page 140, line 14, after “allocation.” by striking out the balance of the line through “PROVIDER.” on line 16 and inserting “FOR THE PURPOSES OF THIS 30% ALLOCATION, AN INTERMEDIATE DISTRICT OR CONSORTIUM OF INTERMEDIATE DISTRICTS MAY COUNT CHILDREN SERVED BY A HEAD START GRANTEE OR DELEGATE IN A BLENDED HEAD START AND GREAT START READINESS SCHOOL-DAY PROGRAM. CHILDREN SERVED IN A PROGRAM FUNDED ONLY THROUGH HEAD START SHALL NOT BE COUNTED TOWARD THIS 30% ALLOCATION.”. 4. Amend page 140, line 20, after “university,” by inserting “head start grantee or delegate,”. 5. Amend page 187, following line 7, by inserting: “SEC. 59. (1) FROM THE APPROPRIATIONS IN SECTION 11, THERE IS ALLOCATED FOR 2016-2017 AN AMOUNT NOT TO EXCEED $100.00 FOR PAYMENTS TO INTERMEDIATE DISTRICTS UNDER THIS SECTION. AN INTERMEDIATE DISTRICT SHALL USE MONEY RECEIVED UNDER THIS SECTION TO OFFSET THE COSTS OF IDENTIFYING PUPILS WHO ARE GIFTED AND TALENTED, AS PROVIDED UNDER THIS SECTION, OR FOR REIMBURSING DISTRICTS THAT PERFORM 1 OR MORE OF THE FUNCTIONS UNDER THIS SECTION UNDER AN ARRANGEMENT WITH THE INTERMEDIATE DISTRICT. THE AMOUNT OF THE PAYMENT TO EACH INTERMEDIATE DISTRICT UNDER THIS SECTION SHALL BE AN EQUAL PER-PUPIL AMOUNT CALCULATED BY DIVIDING THE TOTAL AMOUNT ALLOCATED UNDER THIS SECTION BY THE TOTAL NUMBER OF PUPILS IN MEMBERSHIP STATEWIDE FOR 2016‑2017 AND MULTIPLYING THAT AMOUNT BY THE TOTAL NUMBER OF PUPILS IN MEMBERSHIP IN DISTRICTS LOCATED IN THE INTERMEDIATE DISTRICT FOR 2016-2017. (2) NOT LATER THAN MARCH 1, 2017, EACH INTERMEDIATE DISTRICT SHALL IMPLEMENT MEASURES TO IDENTIFY PUPILS WHO ARE GIFTED AND TALENTED. EXCEPT FOR DEVELOPING A METHOD FOR IDENTIFYING PUPILS WHO ARE GIFTED AND TALENTED UNDER SUBDIVISION (A), AN INTERMEDIATE DISTRICT MAY ALLOW 1 OR MORE OF THE DISTRICTS LOCATED WITHIN THE INTERMEDIATE DISTRICT TO IMPLEMENT 1 OR MORE OF THESE MEASURES AT THE DISTRICT LEVEL UNDER AN ARRANGEMENT WITH THE INTERMEDIATE DISTRICT. THESE STEPS SHALL INCLUDE ALL OF THE FOLLOWING: (A) THE INTERMEDIATE DISTRICT SHALL DEVELOP A METHOD FOR THE IDENTIFICATION OF PUPILS AS GIFTED AND TALENTED. THE METHOD OF IDENTIFICATION SHALL CONFORM TO THESE GENERAL PRINCIPLES: (i) STANDARDS SHALL ENSURE THE IDENTIFICATION OF PUPILS WHO POSSESS A CAPACITY FOR EXCELLENCE FAR BEYOND THAT OF THEIR CHRONOLOGICAL PEERS. (ii) METHODS SHALL BE DESIGNED TO SEEK OUT AND IDENTIFY THOSE PUPILS WHOSE EXTRAORDINARY CAPACITIES REQUIRE SPECIAL SERVICES AND PROGRAMS. (iii) PROVISION SHALL BE MADE FOR EXAMINING A PUPIL’S RANGE OF CAPACITIES. (iv) METHODS AND TECHNIQUES OF IDENTIFICATION SHALL GENERATE INFORMATION AS TO A PUPIL’S CAPACITIES AND NEEDS. (v) THERE SHALL BE EQUAL OPPORTUNITY TO BE IDENTIFIED IN THE CATEGORIES SERVED. (vi) METHODS SHALL BE DESIGNED TO SEEK OUT AND IDENTIFY GIFTED AND TALENTED PUPILS FROM VARYING LINGUISTIC, ECONOMIC, AND CULTURAL BACKGROUNDS. (B) AN INTERMEDIATE DISTRICT, OR A DISTRICT UNDER AN ARRANGEMENT WITH THE INTERMEDIATE DISTRICT, SHALL USE 1 OR MORE OF THE FOLLOWING CATEGORIES IN IDENTIFYING PUPILS AS GIFTED AND TALENTED. IN ALL CATEGORIES, IDENTIFICATION OF A PUPIL’S EXTRAORDINARY CAPABILITY SHALL BE IN RELATION TO THE PUPIL’S CHRONOLOGICAL PEERS: (i) INTELLECTUAL ABILITY: A PUPIL DEMONSTRATES EXTRAORDINARY OR POTENTIAL FOR EXTRAORDINARY INTELLECTUAL DEVELOPMENT. (ii) CREATIVE ABILITY: A PUPIL CHARACTERISTICALLY DOES THE FOLLOWING: (A) PERCEIVES UNUSUAL RELATIONSHIPS AMONG ASPECTS OF THE PUPIL’S ENVIRONMENT AND AMONG IDEAS. (B) OVERCOMES OBSTACLES TO THINKING AND DOING. (C) PRODUCES UNIQUE SOLUTIONS TO PROBLEMS. (iii) SPECIFIC ACADEMIC ABILITY: A PUPIL FUNCTIONS AT HIGHLY ADVANCED ACADEMIC LEVELS IN PARTICULAR SUBJECT AREAS. (iv) LEADERSHIP ABILITY: A PUPIL DISPLAYS THE CHARACTERISTIC BEHAVIORS NECESSARY FOR EXTRAORDINARY LEADERSHIP. (v) HIGH ACHIEVEMENT: A PUPIL CONSISTENTLY PRODUCES ADVANCED IDEAS AND PRODUCTS OR ATTAINS EXCEPTIONALLY HIGH SCORES ON ACHIEVEMENT TESTS. (vi) VISUAL AND PERFORMING ARTS TALENT: A PUPIL ORIGINATES, PERFORMS, PRODUCES, OR RESPONDS AT EXTRAORDINARILY HIGH LEVELS IN THE ARTS. 662 JOURNAL OF THE SENATE [May 4, 2016] [No. 43 (C) BEFORE IDENTIFICATION UNDER SUBDIVISION (B), AN INTERMEDIATE DISTRICT, OR A DISTRICT UNDER AN ARRANGEMENT WITH THE INTERMEDIATE DISTRICT, SHALL COMPILE PERTINENT EVIDENCE AS TO A PUPIL’S CAPACITY FOR EXCELLENCE FAR BEYOND THAT OF CHRONOLOGICAL PEERS. APPROPRIATE DATA TO BE COLLECTED BY THE INTERMEDIATE DISTRICT OR DISTRICT MAY INCLUDE: SCHOOL, CLASS, AND INDIVIDUAL PUPIL RECORDS; INDIVIDUAL TESTS (INCLUDING SUMMARY AND EVALUATION BY CREDENTIALED SCHOOL PSYCHOLOGIST); GROUP TESTS; AND INTERVIEWS AND QUESTIONNAIRES (TEACHER, PARENT, AND OTHERS). THE RANGE OF DATA SHALL BE BROAD ENOUGH TO REVEAL GIFTS AND TALENTS ACROSS CULTURAL, ECONOMIC, AND LINGUISTIC GROUPS. EVIDENCE OF A PUPIL’S CAPABILITY MAY ALSO BE DERIVED FROM PUPIL PRODUCTS, COMMENTS FROM PEERS, AND OPINIONS OF PROFESSIONAL PERSONS. STUDIES OF THE FACTORS CONTRIBUTING TO A PUPIL’S UNDERACHIEVEMENT AND STUDIES OF A PUPIL’S UNDERACHIEVEMENT RESULTING FROM HANDICAPPING OR DISADVANTAGED CONDITIONS SHALL BE CONSIDERED. THE PERTINENT EVIDENCE SHALL REFLECT CONSIDERATION OF THE ECONOMIC, LINGUISTIC, AND CULTURAL CHARACTERISTICS OF THE PUPIL’S BACKGROUND. (D) THE INTERMEDIATE SUPERINTENDENT, OR THE DISTRICT SUPERINTENDENT OR CHIEF ADMINISTRATIVE OFFICER, OR HIS OR HER DESIGNEE, SHALL MAKE THE FINAL DETERMINATION IDENTIFYING A PUPIL AS GIFTED AND TALENTED IN ACCORDANCE WITH PROCEDURES ADOPTED BY THE INTERMEDIATE DISTRICT. THIS INDIVIDUAL SHALL BASE THE DECISION UPON THE EVALUATION OF THE PERTINENT EVIDENCE BY THE SCHOOL PRINCIPAL OR A DESIGNEE OF THE SCHOOL PRINCIPAL, A CLASSROOM TEACHER FAMILIAR WITH THE SCHOOLWORK OF THE PUPIL, AND, WHEN APPROPRIATE, A CREDENTIALED SCHOOL PSYCHOLOGIST. TO DETERMINE THE FULL RANGE OF A PUPIL’S CAPABILITY, AN INDIVIDUAL RECOGNIZED AS AN EXPERT IN THE GIFTED AND TALENTED CATEGORY UNDER CONSIDERATION, OR AN INDIVIDUAL WHO HAS IN-DEPTH UNDERSTANDING OF THE PUPIL’S LINGUISTIC OR CULTURAL GROUP, OR BOTH, SHALL PARTICIPATE IN THE EVALUATION OF THE EVIDENCE UNLESS THERE IS NO DOUBT THAT THE PUPIL IS GIFTED AND TALENTED. THESE INDIVIDUALS MAY REVIEW SCREENING, IDENTIFICATION, AND PLACEMENT DATA IN SERIAL ORDER IF THESE INDIVIDUALS MEET TO RESOLVE DIFFERENCES IN ASSESSMENT AND RECOMMENDATIONS. THIS SUBDIVISION DOES NOT PROHIBIT THE USE OF AN IDENTIFICATION COMMITTEE. (3) NOT LATER THAN APRIL 1, 2017, EACH INTERMEDIATE DISTRICT SHALL PROVIDE TO THE DEPARTMENT, IN THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT, A REPORT THAT DOES BOTH OF THE FOLLOWING: (A) SUMMARIZES THE MEASURES THE INTERMEDIATE DISTRICT AND ITS DISTRICTS HAVE IMPLEMENTED TO IDENTIFY PUPILS WHO ARE GIFTED AND TALENTED, DETAILING THE METHOD OF IDENTIFICATION, AND SPECIFYING THE NUMBER OF THOSE PUPILS ENROLLED IN EACH GRADE LEVEL IN DISTRICTS LOCATED WITHIN THE INTERMEDIATE DISTRICT. (B) ESTIMATES, ON A PER-PUPIL BASIS, THE ADDED COSTS THAT WOULD BE INCURRED AT THE INTERMEDIATE DISTRICT AND DISTRICT LEVELS FOR PROVIDING FOR THE PUPILS IDENTIFIED AS BEING GIFTED AND TALENTED QUALITY GIFTED AND TALENTED EDUCATION PROGRAMS THAT MEET GUIDELINES ESTABLISHED BY THE NATIONAL ASSOCIATION FOR GIFTED CHILDREN. (4) NOTWITHSTANDING SECTION 17B, PAYMENTS TO INTERMEDIATE DISTRICTS UNDER THIS SECTION SHALL BE PAID ON A SCHEDULE DETERMINED BY THE DEPARTMENT. (5) IT IS THE INTENT OF THE LEGISLATURE TO ALLOCATE MONEY UNDER THIS ACT FOR 2017‑2018 FOR THE IMPLEMENTATION OF PILOT GIFTED AND TALENTED EDUCATION PROGRAMS FOR THE 2017-2018 SCHOOL YEAR. THESE PILOT PROGRAMS MAY BE OPERATED AT THE DISTRICT OR INTERMEDIATE DISTRICT LEVEL AND SHALL BE REQUIRED TO MEET GUIDELINES ESTABLISHED BY THE NATIONAL ASSOCIATION FOR GIFTED CHILDREN. (6) AS USED IN THIS SECTION, “GIFTED AND TALENTED” MEANS CHILDREN AND YOUTH WITH OUTSTANDING TALENT WHO PERFORM OR SHOW THE POTENTIAL FOR PERFORMING AT REMARKABLY HIGH LEVELS OF ACCOMPLISHMENT WHEN COMPARED WITH OTHERS OF THEIR AGE, EXPERIENCE, OR ENVIRONMENT; WHO EXHIBIT HIGH PERFORMANCE CAPABILITY IN 1 OR MORE INTELLECTUAL, CREATIVE, OR ARTISTIC AREAS, POSSESS AN UNUSUAL LEADERSHIP CAPACITY, OR EXCEL IN 1 OR MORE SPECIFIC ACADEMIC FIELDS; WHO REQUIRE SERVICES OR ACTIVITIES NOT ORDINARILY PROVIDED BY SCHOOLS; AND WHO MAY BE FOUND IN ALL CULTURAL GROUPS, ACROSS ALL ECONOMIC STRATA, AND IN ALL AREAS OF HUMAN ENDEAVOR.” and adjusting the totals in section 11 and enacting section 1 accordingly. 6. Amend page 218, following line 23, by inserting: “Sec. 95a. (1) The educator evaluation reserve fund is created as a separate account within the state school aid fund. (2) The state treasurer may receive money or other assets from any source for deposit into the educator evaluation reserve fund. The state treasurer shall direct the investment of the educator evaluation reserve fund. The state treasurer shall credit to the educator evaluation reserve fund interest and earnings from the educator evaluation reserve fund. No. 43] [May 4, 2016] JOURNAL OF THE SENATE 663 (2) (3) Money in the educator evaluation reserve fund at the close of the fiscal year shall remain in the educator evaluation reserve fund and shall not lapse to the state school aid fund. or to the general fund. The department of treasury shall be the administrator of the educator evaluation reserve fund for auditing purposes. (3) (4) From the appropriations in section 11, there is allocated to the educator evaluation reserve fund for 20142015 2016-2017 an amount not to exceed $12,100,000.00 from the state school aid fund and an amount not to exceed $2,700,000.00 from the general fund. Subject to subsections (5) and (6), the $100.00. THE department shall expend the money in the educator evaluation reserve fund for implementing evaluation systems for public school teachers and school administrators. PROGRAMS FUNDED UNDER THIS SECTION ARE INTENDED TO IMPROVE TEACHER QUALITY, RESULTING IN AN INCREASE IN THE NUMBER OF PUPILS WHO ARE COLLEGE- AND CAREER-READY UPON HIGH SCHOOL GRADUATION. (5) Funds in the educator evaluation reserve fund shall not be expended unless the state budget office has approved the department’s spending plan.” and adjusting the totals in section 11 and enacting section 1 accordingly. 7. Amend page 255, following line 20, by inserting: “(D) THE REIMBURSEMENT TO A DISTRICT OR INTERMEDIATE DISTRICT SHALL NOT BE GREATER THAN THE AMOUNT PAID FOR A DATA ANALYTICS APPLICATION. (E) A DISTRICT OR INTERMEDIATE DISTRICT SHALL NOT BE REIMBURSED FOR THE PURCHASE OF MORE THAN 1 SOFTWARE APPLICATION.”. 8. Amend page 285, line 3, by striking out all of subsection (23) and renumbering the remaining subsection. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar: Senate Bill No. 801 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: Senate Bill No. 801, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 4, 6, 11, 11a, 11j, 11k, 11m, 15, 18, 19, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25e, 25f, 25g, 26a, 26b, 26c, 31a, 31d, 31f, 31h, 32d, 32p, 35, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 55, 56, 61a, 61b, 62, 64b, 65, 67, 74, 81, 94, 94a, 98, 99c, 99h, 99s, 101, 102d, 104, 104b, 104c, 104d, 107, 147, 147a, 147c, 152a, 166b, 201, 201a, 202a, 203, 206, 207, 207a, 207b, 207c, 209, 210b, 212, 217, 219, 220, 222, 224, 225, 226, 229a, 230, 236, 236a, 236b, 236c, 237b, 238, 241, 246, 251, 252, 254, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 274c, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 289, and 290 (MCL 388.1603, 388.1604, 388.1606, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1619, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622g, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625e, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1631h, 388.1632d, 388.1632p, 388.1635, 388.1635a, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1655, 388.1656, 388.1661a, 388.1661b, 388.1662, 388.1664b, 388.1665, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1698, 388.1699c, 388.1699h, 388.1699s, 388.1701, 388.1702d, 388.1704, 388.1704b, 388.1704c, 388.1704d, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1766b, 388.1801, 388.1801a, 388.1802a, 388.1803, 388.1806, 388.1807, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810b, 388.1812, 388.1817, 388.1819, 388.1820, 388.1822, 388.1824, 388.1825, 388.1826, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1837b, 388.1838, 388.1841, 388.1846, 388.1851, 388.1852, 388.1854, 388.1856, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1874c, 388.1875, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, 388.1889, and 388.1890), sections 3, 203, 207, 212, 219, 220, 238, 251, and 254 as amended and section 237b as added by 2012 PA 201, sections 4, 6, 98, 107, 230, and 256 as amended by 2016 PA 56, sections 11, 21f, 31a, and 32d as amended by 2015 PA 139, sections 11a, 11j, 11k, 11m, 15, 20, 20d, 20f, 20g, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31d, 31f, 32p, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b, 74, 81, 94, 94a, 99h, 101, 104, 104b, 104c, 147, 147a, 147c, 152a, 201, 201a, 206, 207a, 207b, 207c, 209, 210b, 217, 222, 225, 226, 229a, 236, 236a, 236b, 236c, 241, 246, 252, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 25g, 31h, 35, 35a, 55, 61b, 65, 67, 99c, 99s, 102d, 104d, and 274c as added by 2015 PA 85, section 18 as amended by 2015 PA 114, sections 19, 664 JOURNAL OF THE SENATE [May 4, 2016] [No. 43 202a, 224, and 275 as amended by 2014 PA 196, section 166b as amended by 2015 PA 222, and sections 289 and 290 as amended by 2013 PA 60, and by adding sections 11s, 21, 31j, 32q, 54b, 61c, 61d, 61e, 63, 99t, 152b, 210e, and 286a; and to repeal acts and parts of acts. The question being on the passage of the bill, Senator Hopgood offered the following amendments: 1. Amend page 29, line 15, after “OF” by striking out “$12,062,479,300.00” and inserting “$12,560,003,600.00” and adjusting the totals in enacting section 1 accordingly. 2. Amend page 300, line 13, after “from” by striking out the balance of the subsection and inserting “STATE GENERAL FUND/GENERAL PURPOSE MONEY.”. 3. Amend page 300, line 21, by striking out “the state school aid fund” and inserting “STATE GENERAL FUND/GENERAL PURPOSE MONEY”. 4. Amend page 300, line 26, after “from” by striking out “the state school aid fund” and inserting “STATE GENERAL FUND/GENERAL PURPOSE MONEY” and adjusting the subtotals and totals in section 201 and enacting section 1 accordingly. 5. Amend page 325, line 8, after “from” by striking out the balance of the subsection and inserting “STATE GENERAL FUND/GENERAL PURPOSE MONEY.”. 6. Amend page 325, line 14, after “from” by striking out “the state school aid fund” and inserting “STATE GENERAL FUND/GENERAL PURPOSE MONEY” and adjusting the subtotals and totals in section 236 and enacting section 1 accordingly. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 235 Yeas—13 Ananich Hood Jones Warren Bieda Hopgood Knezek Young Gregory Johnson Rocca Zorn Hertel Nays—24 Booher Hansen MacGregor Proos Brandenburg Hildenbrand Marleau Robertson Casperson Horn Meekhof Schmidt Colbeck Hune Nofs Schuitmaker Emmons Knollenberg O’Brien Shirkey Green Kowall Pavlov Stamas Excused—0 Not Voting—0 In The Chair: Schuitmaker Senator Hopgood offered the following amendment: 1. Amend page 113, line 16, after “exceed” by striking out “$389,695,500.00” and inserting “$494,695,500.00”. The amendment was not adopted, a majority of the members serving not voting therefor. No. 43] [May 4, 2016] JOURNAL OF THE SENATE enator Hood requested the yeas and nays. S The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 236 Yeas—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Excused—0 Not Voting—0 In The Chair: Schuitmaker Senator Hopgood offered the following amendments: 1. Amend page 70, line 12, by striking out all of section 21. 2. Amend page 151, line 11, after “exceed” by striking out “$22,900,000.00” and inserting “$27,900,000.00”. 3. Amend page 156, line 10, after “exceed” by striking out “$3,000,000.00” and inserting “$8,000,000.00”. The question being on the adoption of the amendments, Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 237 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Rocca Nays—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas 665 666 Green Hansen JOURNAL OF THE SENATE [May 4, 2016] [No. 43 Kowall Proos Zorn MacGregor Excused—0 Not Voting—0 In The Chair: Schuitmaker Senator Young offered the following amendments: 1. Amend page 48, following line 7, by inserting: “SEC. 18E. FROM THE GENERAL FUND MONEY APPROPRIATED UNDER SECTION 11, THERE IS ALLOCATED TO A FIRST CLASS SCHOOL DISTRICT FOR 2016-2017 AN AMOUNT NOT TO EXCEED $800,000.00 TO CONTRACT WITH AN INDEPENDENT AUDITOR WITH EXPERIENCE IN FORENSIC ACCOUNTING TO CONDUCT A FORENSIC AUDIT OF THE FINANCIAL RECORDS OF THE FIRST CLASS SCHOOL DISTRICT FOR AT LEAST ALL FISCAL YEARS FROM 1999 TO THE PRESENT.”. 2. Amend page 290, following line 18, by inserting: “(6) IN ADDITION TO THE MONEY ALLOCATED UNDER SUBSECTION (1), FROM THE GENERAL FUND MONEY APPROPRIATED IN SECTION 11, THERE IS ALLOCATED FOR 2016-2017 AN AMOUNT EQUAL TO $157,000,000.00 FOR A PAYMENT TO THE MICHIGAN PUBLIC SCHOOL EMPLOYEES’ RETIREMENT SYSTEM ON BEHALF OF A FIRST CLASS SCHOOL DISTRICT. THIS PAYMENT IS BEING MADE DUE TO THE FAILURE, BY THE STATE EMERGENCY MANAGER FOR THE FIRST CLASS SCHOOL DISTRICT, TO MAKE SUFFICIENT PAYMENTS TO THE MICHIGAN PUBLIC SCHOOL EMPLOYEES’ RETIREMENT SYSTEM.” and renumbering the remaining subsections and adjusting the totals in section 11 and enacting section 1 accordingly. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 238 Ananich Bieda Gregory Yeas—12 Hertel Hood Hopgood Johnson Schuitmaker Knezek Warren O’Brien Young Nays—25 Booher Hildenbrand MacGregor Robertson Brandenburg Horn Marleau Rocca Casperson Hune Meekhof Schmidt Colbeck Jones Nofs Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen Excused—0 In The Chair: Schuitmaker Not Voting—0 No. 43] [May 4, 2016] JOURNAL OF THE SENATE 667 Senator Hood offered the following amendment: 1. Amend page 292, line 1, by striking out all of section 152B and adjusting the totals in section 11 and enacting section 1 accordingly. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 239 Bieda Gregory Hertel Yeas—12 Hood Hopgood Johnson Jones Rocca Knezek Warren O’Brien Young Nays—24 Booher Hansen MacGregor Robertson Brandenburg Hildenbrand Marleau Schmidt Casperson Horn Meekhof Schuitmaker Colbeck Hune Nofs Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Excused—0 Not Voting—1 Ananich In The Chair: Schuitmaker enator Hood moved that Senator Ananich be excused from the balance of today’s session. S The motion prevailed. he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 240 Yeas—23 Booher Horn Nofs Schmidt Brandenburg Knollenberg O’Brien Schuitmaker Casperson Kowall Pavlov Shirkey Colbeck MacGregor Proos Stamas Hansen Marleau Robertson Zorn Hildenbrand Meekhof Rocca 668 JOURNAL OF THE SENATE [May 4, 2016] [No. 43 Nays—13 Bieda Hertel Hune Knezek Emmons Hood Johnson Warren Green Hopgood Jones Young Gregory Excused—1 Ananich Not Voting—0 In The Chair: Schuitmaker enator Hansen offered to amend the title to read as follows: S A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 4, 6, 11, 11a, 11j, 11k, 11m, 15, 18, 19, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25e, 25f, 25g, 26a, 26b, 26c, 31a, 31d, 31f, 31h, 32d, 32p, 35, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 55, 56, 61a, 61b, 62, 64b, 65, 67, 74, 81, 94, 94a, 95a, 98, 99c, 99h, 99s, 101, 102d, 104, 104b, 104c, 104d, 107, 147, 147a, 147c, 152a, 166b, 201, 201a, 202a, 203, 206, 207, 207a, 207b, 207c, 209, 210b, 212, 217, 219, 220, 222, 224, 225, 226, 229a, 230, 236, 236a, 236b, 236c, 237b, 238, 241, 246, 251, 252, 254, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 274c, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 289, and 290 (MCL 388.1603, 388.1604, 388.1606, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1619, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622g, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625e, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1631h, 388.1632d, 388.1632p, 388.1635, 388.1635a, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1655, 388.1656, 388.1661a, 388.1661b, 388.1662, 388.1664b, 388.1665, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699c, 388.1699h, 388.1699s, 388.1701, 388.1702d, 388.1704, 388.1704b, 388.1704c, 388.1704d, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1766b, 388.1801, 388.1801a, 388.1802a, 388.1803, 388.1806, 388.1807, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810b, 388.1812, 388.1817, 388.1819, 388.1820, 388.1822, 388.1824, 388.1825, 388.1826, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1837b, 388.1838, 388.1841, 388.1846, 388.1851, 388.1852, 388.1854, 388.1856, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1874c, 388.1875, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, 388.1889, and 388.1890), sections 3, 203, 207, 212, 219, 220, 238, 251, and 254 as amended and section 237b as added by 2012 PA 201, sections 4, 6, 98, 107, 230, and 256 as amended by 2016 PA 56, sections 11, 21f, 31a, and 32d as amended by 2015 PA 139, sections 11a, 11j, 11k, 11m, 15, 20, 20d, 20f, 20g, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31d, 31f, 32p, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b, 74, 81, 94, 94a, 95a, 99h, 101, 104, 104b, 104c, 147, 147a, 147c, 152a, 201, 201a, 206, 207a, 207b, 207c, 209, 210b, 217, 222, 225, 226, 229a, 236, 236a, 236b, 236c, 241, 246, 252, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 25g, 31h, 35, 35a, 55, 61b, 65, 67, 99c, 99s, 102d, 104d, and 274c as added by 2015 PA 85, section 18 as amended by 2015 PA 114, sections 19, 202a, 224, and 275 as amended by 2014 PA 196, section 166b as amended by 2015 PA 222, and sections 289 and 290 as amended by 2013 PA 60, and by adding sections 11s, 21, 31j, 32q, 54b, 59, 61c, 61d, 61e, 63, 99t, 152b, 210e, and 286a; and to repeal acts and parts of acts. The amendment to the title was adopted. The Senate agreed to the title as amended. Protest Senator Hopgood, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 801 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.” The motion prevailed. No. 43] [May 4, 2016] JOURNAL OF THE SENATE 669 enator Hopgood’s statement is as follows: S Colleagues, today I rise to offer my “no” vote explanation for this budget. This budget presents a number of problems we’ve failed to address; not the least of which is the fact that we’re still failing to bring funding for education back up to pre-Snyder levels. You can’t gut the education budget and expect to reap the benefits. You can’t simply allow a school district to fail and send in an emergency manager or CEO to pick up those pieces. We’ve proven that doesn’t work. The Detroit Public Schools system is proof positive that you can’t cut your way to solvency and success. If we’re not responsible in how we allocate our education dollars, there are other school districts that will fall into financial ruin. I’m not willing to sacrifice the futures of our state’s children just to save a dollar now. Ultimately, this budget fails to prioritize the people it’s supposed to benefit. Senators Hopgood and Young asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Hopgood’s first statement is as follow: Colleagues, we have a history of cannibalizing the School Aid Fund for General Fund expenditures. The line items for Higher Education and Community Colleges qualify as General Fund expenditures. Funding higher education is important, but we need to ensure that we’re pulling money from the appropriate pools. My amendment would remove all higher education and community colleges expenses from the School Aid Fund budget. This would give us more than $497.5 million for our K-12 schools, money that we desperately need back in the classrooms. enator Hopgood’s second statement is as follows: S Colleagues, for far too long, many of our school districts have received less money than they truly needed to serve their at-risk students, and it’s no longer acceptable to offer prorated shares of the at-risk pool. My amendment would allocate $105 million to the budget to fully fund our at-risk budget for all currently eligible districts. It’s an absolute necessity to ensure the success of the programs that serve our most vulnerable student populations. enator Hopgood’s third statement is as follows: S Colleagues, my amendment would eliminate the $5 million allocated to the School Reform Office and reallocate it to fund early literacy coaches. We can’t afford to dump more money into an unproven turnaround model, especially one that so closely resembles the failed experiment that is the emergency manager law. By getting rid of this line item, we can reallocate the money to a program that has proven to help our children. We need to put money into classrooms, not into executives’ pockets. Our money will be better spent teaching our children to read and giving them access to early literacy coaches. Let’s fund our futures, not more school takeovers. enator Young’s statement is as follows: S Colleagues, my amendment will set aside $800,000 to conduct a third-party forensic audit of the Detroit Public Schools system and provide $157 million to the Detroit Public Schools system to make up for the MPSERS shortfall. Frankly, I’m shocked that we haven’t conducted an audit already. Where did the pension money go? The district has been wildly mismanaged under a string of state-appointed emergency managers—theft, fraud, corruption, mayhem, led astray, and bamboozled. There was even a case where a lunch lady actually stole money from children. This is outrageous. Emergency managers should have ensured that the money was being spent or disbursed appropriately. Our teachers’ health care and retirement benefits should not be penalized because a state emergency manager failed to maintain solvency and follow the money. Why didn’t the emergency manager do the bare minimum of getting the books in order? How in the world did principals take kick-backs from contractors? How were people not held accountable for stealing from children? This is absurd. Teachers were told that the $48.7 million allocated by us would fund the district through June 30 and cover summer pay. We can’t expect teachers to go into classrooms when we can’t even guarantee that they will be paid for work. How many of you would go to work if you weren’t getting paid? How can you ask that of anybody? Let’s get to the bottom of this situation so that we can make sure that Detroit kids receive a quality education, and hold those accountable. Anyone who would dare even think that they could steal from our children should be prosecuted to the fullest extent of the law—locked up and thrown underneath the prison. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Stamas as Chairperson. 670 JOURNAL OF THE SENATE [May 4, 2016] [No. 43 After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill: Senate Bill No. 853, entitled A bill to preempt local ordinances regulating the use, disposition, or sale of, prohibiting or restricting, or imposing any fee, charge, or tax on certain containers. The bill was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 787, entitled A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 792, entitled A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 795, entitled A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 784, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 201a (MCL 388.1801 and 388.1801a), as amended by 2015 PA 85. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 786, entitled A bill to make appropriations for the department of education for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 790, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 236a (MCL 388.1836 and 388.1836a), as amended by 2015 PA 85. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. No. 43] [May 4, 2016] JOURNAL OF THE SENATE 671 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 796, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2015 PA 139 and section 17b as amended by 2007 PA 137. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 793, entitled A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator Stamas introduced Senate Bill No. 950, entitled A bill to amend 1976 PA 399, entitled “Safe drinking water act,” (MCL 325.1001 to 325.1023) by adding section 19a. The bill was read a first and second time by title and referred to the Committee on Natural Resources. Senator Nofs introduced Senate Bill No. 951, entitled A bill to amend 2012 PA 615, entitled “Michigan energy assistance act,” by amending section 6 (MCL 400.1236). The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senators Booher, Marleau, MacGregor and Zorn introduced Senate Bill No. 952, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 12501, 12505, 12506, 12506a, 12506b, 12507, 12508, 12509, 12510, 12511, 12512, 12514, 12515, and 12516 (MCL 333.12501, 333.12505, 333.12506, 333.12506a, 333.12506b, 333.12507, 333.12508, 333.12509, 333.12510, 333.12511, 333.12512, 333.12514, 333.12515, and 333.12516), sections 12501, 12505, 12506, 12507, 12508, 12509, 12512, 12514, and 12516 as amended and sections 12506a, 12506b, and 12510 as added by 2004 PA 408, and by adding sections 12502, 12505a, 12508a, 12508b, 12508c, 12508d, 12508e, 12508f, 12508g, 12508h, 12508i, 12508j, and 12508k; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. Senator Casperson introduced Senate Bill No. 953, entitled A bill to amend 1972 PA 106, entitled “Highway advertising act of 1972,” by amending sections 2, 3, 4, 6, 7b, 11, 11a, 17, and 17a (MCL 252.302, 252.303, 252.304, 252.306, 252.307b, 252.311, 252.311a, 252.317, and 252.317a), sections 2, 4, 6, 11, 11a, and 17 as amended and sections 7b and 17a as added by 2014 PA 2 and section 3 as amended by 2006 PA 448. The bill was read a first and second time by title and referred to the Committee on Transportation. Senator Booher introduced Senate Bill No. 954, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2001, 2004, and 2012 (MCL 339.2001, 339.2004, and 339.2012), section 2001 as amended by 1998 PA 218, section 2004 as amended by 2009 PA 143, and section 2012 as amended by 2002 PA 495; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. 672 JOURNAL OF THE SENATE [May 4, 2016] [No. 43 House Bill No. 5341, entitled A bill to amend 1899 PA 214, entitled “An act to provide relief outside of the soldiers’ home for honorably discharged indigent soldiers, sailors, marines, nurses and members of women’s auxiliaries and the indigent wives, widows and minor children of such indigent or deceased soldiers, sailors, marines, nurses and members of women’s auxiliaries, and to repeal certain acts and parts of acts,” by amending section 2 (MCL 35.22). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. House Bill No. 5342, entitled A bill to amend 1974 PA 106, entitled “An act to authorize the issuance of general obligation bonds of the state and to pledge the full faith and credit of the state for the payment of principal and interest thereon for a service bonus for certain veterans; to provide for other matters relating to the bonds and the use of the proceeds of sale of the bonds; and to provide for the submission of the question of the issuance of the bonds to the electors of the state,” by amending section 1 (MCL 35.1001). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. House Bill No. 5343, entitled A bill to amend 1946 (1st Ex Sess) PA 27, entitled “An act to protect the work and study performed by applicants for license or qualification for any of the trades, occupations or professions before being inducted into the armed forces; to prevent service in the armed forces being considered as a disqualifying interruption of or delay in commencement of any required period of practical experience, apprenticeship, study or training; and to permit boards of examiners and similar boards to equitably evaluate and give credit for training and experience in the armed forces,” by amending section 1 (MCL 35.581). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. House Bill No. 5344, entitled A bill to amend 1897 PA 205, entitled “An act to prefer honorably discharged members of the armed forces of the United States for public employments,” by amending section 1 (MCL 35.401), as amended by 2008 PA 28. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. Committee Reports The Committee on Local Government reported Senate Bill No. 399, entitled A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 19b of chapter IV (MCL 224.19b), as added by 1980 PA 212. With the recommendation that the substitute (S-3) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Proos, Brandenburg and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. No. 43] [May 4, 2016] JOURNAL OF THE SENATE 673 COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, May 3, 2016, at 12:30 p.m., Room 100, Farnum Building Present: Senators Zorn (C), Proos, Brandenburg and Young Excused: Senator Rocca The Committee on Education reported Senate Bill No. 647, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1168. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Knezek Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, May 3, 2016, at 11:30 a.m., Room 110, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Knezek The Committee on Banking and Financial Institutions reported House Bill No. 5251, entitled A bill to amend 1999 PA 276, entitled “Banking code of 1999,” by amending section 4111 (MCL 487.14111), as added by 2014 PA 399. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Darwin L. Booher Chairperson To Report Out: Yeas: Senators Booher, O’Brien, Nofs, Zorn, MacGregor, Hertel and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Banking and Financial Institutions submitted the following: T Meeting held on Tuesday, May 3, 2016, at 2:30 p.m., Room 100, Farnum Building Present: Senators Booher (C), O’Brien, Nofs, Zorn, MacGregor, Hertel and Young Excused: Senator Rocca Scheduled Meetings Energy and Technology - Thurs­day, May 5, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Joint Select Com­mit­tee on the Flint Water Public Health Emergency - Tues­day, May 10, 8:00 a.m., Senate Hear­ ing Room, Ground Floor, Boji Tower (373-5307) Transportation - Thurs­day, May 5, 8:30 a.m., Room 210, Farnum Build­ing (373-5312) Veterans, Military Affairs and Homeland Security - Thurs­day, May 5, 11:30 a.m., Room 110, Farnum Build­ing (373-5314) 674 JOURNAL OF THE SENATE [May 4, 2016] [No. 43 enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 2:00 p.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, May 5, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 44 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Thursday, May 5, 2016. 10:00 a.m. The Senate was called to order by the Assistant President pro tempore, Senator Margaret E. O’Brien. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—present Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 676 JOURNAL OF THE SENATE [May 5, 2016] [No. 44 astor Drew Sweetman of Spring Lake Christian Reformed Church of Spring Lake offered the following invocation: P Almighty God, we thank You for a new day and for the opportunity this body has to serve the citizens of Michigan. We thank You for this great state and for the many blessings You have given us. We thank You for the men and women gathered here and for the gifts that You have given them to serve us. Thank You for the work already accomplished by this session. We ask, O God, that You would encourage each one when they face criticism. Please strengthen them when the work is hard and the debate is hard. Grant wisdom as they tackle the challenges facing our state. Enable each one here today to work with honesty and integrity. We pray especially today for the people of Flint affected by the water crisis. We also pray for those who are working toward solutions in that city. Bless these men and women as they work for and serve the people of Michigan today. Grant that as You bless them, they will in turn be a blessing to others. In Christ’s name, we pray. Amen. The Assistant President pro tempore, Senator O’Brien, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Ananich and Casperson entered the Senate Chamber. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Meekhof admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. enator Hood moved that Senators Johnson, Knezek and Young be temporarily excused from today’s session. S The motion prevailed. Senator Knezek entered the Senate Chamber. The President, Lieutenant Governor Calley, assumed the Chair. The following communications were received and read: Office of the Auditor General May 3, 2016 nclosed is a copy of the following Report on Internal Control, Compliance, and Other Matters for the fiscal year E ended September 30, 2015: • Michigan Economic Development Corporation • Michigan Strategic Fund May 3, 2016 nclosed is a copy of the following audit report: E • Performance audit report on Substance Abuse Services, Department of Corrections. Sincerely, Doug Ringler Auditor General The audit reports were referred to the Committee on Government Operations. The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, May 4: House Bill Nos. 5345 5346 5347 The Secretary announced that the following bills were printed and filed on Wednesday, May 4, and are available at the Michigan Legislature website: Senate Bill Nos. 950 951 952 953 954 House Bill Nos. 5630 5631 5632 No. 44] [May 5, 2016] JOURNAL OF THE SENATE 677 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Warren as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 595, entitled A bill to amend 1963 PA 181, entitled “Motor carrier safety act of 1963,” by amending section 5 (MCL 480.15), as amended by 2013 PA 263. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 4436 House Bill No. 4769 House Bill No. 4864 Senate Bill No. 853 Senate Bill No. 787 Senate Bill No. 792 Senate Bill No. 795 Senate Bill No. 784 Senate Bill No. 786 Senate Bill No. 790 Senate Bill No. 796 Senate Bill No. 793 The motion prevailed. The following bill was read a third time: House Bill No. 4436, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 323 (MCL 257.323), as amended by 2001 PA 159. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 241 Yeas—35 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hood Marleau Schuitmaker Casperson Hopgood Meekhof Shirkey Colbeck Horn Nofs Stamas Emmons Hune O’Brien Warren Green Jones Pavlov Zorn Gregory Knezek Proos Nays—0 678 JOURNAL OF THE SENATE [May 5, 2016] [No. 44 Excused—2 Johnson Young Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4769, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7410 (MCL 333.7410), as amended by 2006 PA 552. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 242 Yeas—35 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hood Marleau Schuitmaker Casperson Hopgood Meekhof Shirkey Colbeck Horn Nofs Stamas Emmons Hune O’Brien Warren Green Jones Pavlov Zorn Gregory Knezek Proos Nays—0 Excused—2 Johnson Young No. 44] [May 5, 2016] JOURNAL OF THE SENATE 679 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4864, entitled A bill to amend 2014 PA 276, entitled “Methamphetamine abuse reporting act,” by amending section 4 (MCL 28.124). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 243 Yeas—35 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hood Marleau Schuitmaker Casperson Hopgood Meekhof Shirkey Colbeck Horn Nofs Stamas Emmons Hune O’Brien Warren Green Jones Pavlov Zorn Gregory Knezek Proos Nays—0 Excused—2 Johnson Young In The Chair: President Not Voting—0 680 JOURNAL OF THE SENATE [May 5, 2016] [No. 44 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to create the methamphetamine abuse reporting act; to require the department of state police to report methamphetamine-related offenses to the national association of drug diversion investigators (NADDI); to require the entry of methamphetamine-related offenses into the national precursor log exchange (NPLEx) system; to provide civil immunity under certain circumstances; to prohibit the disclosure of certain information under certain circumstances; and to provide remedies and penalties,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 853, entitled A bill to preempt local ordinances regulating the use, disposition, or sale of, prohibiting or restricting, or imposing any fee, charge, or tax on certain containers. The question being on the passage of the bill, Senator Kowall moved that further consideration of the bill be postponed for today. The motion prevailed. The following bill was read a third time: Senate Bill No. 787, entitled A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 244 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—8 Ananich Gregory Hood Knezek Bieda Hertel Hopgood Warren Excused—2 Johnson Young Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. No. 44] [May 5, 2016] JOURNAL OF THE SENATE 681 The following bill was read a third time: Senate Bill No. 792, entitled A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 245 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—8 Ananich Gregory Hood Knezek Bieda Hertel Hopgood Warren Excused—2 Johnson Young Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 795, entitled A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 246 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson 682 JOURNAL OF THE SENATE [May 5, 2016] [No. 44 Nays—8 Ananich Gregory Hood Knezek Bieda Hertel Hopgood Warren Excused—2 Johnson Young Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. Senator Young entered the Senate Chamber. The following bill was read a third time: Senate Bill No. 784, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 201a (MCL 388.1801 and 388.1801a), as amended by 2015 PA 85. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 247 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—9 Ananich Hertel Hopgood Warren Bieda Hood Knezek Young Gregory Excused—1 Johnson Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. No. 44] [May 5, 2016] JOURNAL OF THE SENATE 683 The following bill was read a third time: Senate Bill No. 786, entitled A bill to make appropriations for the department of education for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 248 Yeas—26 Booher Hildenbrand Meekhof Rocca Brandenburg Horn Nofs Schmidt Casperson Hune O’Brien Schuitmaker Colbeck Knollenberg Pavlov Shirkey Emmons Kowall Proos Stamas Green MacGregor Robertson Zorn Hansen Marleau Nays—10 Ananich Hertel Jones Warren Bieda Hood Knezek Young Gregory Hopgood Excused—1 Johnson Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 790, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 236a (MCL 388.1836 and 388.1836a), as amended by 2015 PA 85. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 249 Yeas—26 Booher Hildenbrand Meekhof Rocca Brandenburg Horn Nofs Schmidt Casperson Hune O’Brien Schuitmaker Colbeck Knollenberg Pavlov Shirkey Emmons Kowall Proos Stamas Green MacGregor Robertson Zorn Hansen Marleau 684 JOURNAL OF THE SENATE [May 5, 2016] [No. 44 Nays—10 Ananich Hertel Jones Warren Bieda Hood Knezek Young Gregory Hopgood Excused—1 Johnson Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. Senator Johnson entered the Senate Chamber. The following bill was read a third time: Senate Bill No. 796, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2015 PA 139 and section 17b as amended by 2007 PA 137. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 250 Yeas—26 Booher Hildenbrand Meekhof Rocca Brandenburg Horn Nofs Schmidt Casperson Hune O’Brien Schuitmaker Colbeck Knollenberg Pavlov Shirkey Emmons Kowall Proos Stamas Green MacGregor Robertson Zorn Hansen Marleau Nays—10 Ananich Hertel Johnson Knezek Bieda Hood Jones Warren Gregory Hopgood Excused—0 Not Voting—1 Young In The Chair: President The Senate agreed to the title of the bill. No. 44] [May 5, 2016] JOURNAL OF THE SENATE 685 The following bill was read a third time: Senate Bill No. 793, entitled A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 251 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. By unanimous consent the Senate returned to the order of Motions and Communications The following communications were received and read: Office of the Senate Majority Leader April 4, 2016 Pursuant to Senate Rule 2.104(c), I am requesting that the Senate Finance Committee hold a hearing on the appointment of Marcus Abood to the Michigan Tax Tribunal, and make written recommendations to the Government Operations Committee on this appointment. May 5, 2016 ursuant to Senate Rule 2.104(c), I am requesting that the Senate Regulatory Reform Committee hold a hearing on the P appointment of Shelly Edgerton as Director of the Michigan Department of Licensing and Regulatory Affairs, and make written recommendations to the Government Operations Committee on this appointment. Sincerely, Senator Arlan Meekhof, Chairman Government Operations Committee The communications were referred to the Secretary for record. 686 JOURNAL OF THE SENATE [May 5, 2016] [No. 44 By unanimous consent the Senate proceeded to the order of Statements Senators Bieda and Warren asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Bieda’s statement is as follows: Colleagues, I wanted to rise today to stop our daily business for a second and focus our thoughts on a very important holiday. This Sunday, May 8, is Mother’s Day. Mother’s Day recognizes mothers and motherhood, as well as all the positive contributions they make to society. Between the 1870s and 1880s, women’s peace groups tried to establish holidays in favor of peace and against war. The purpose of which was to reunite families who had been divided during the American Civil War. In its present form, Mother’s Day was observed on May 12, 1907, in the Andrews Methodist Episcopal Church in Grafton, West Virginia. In a few years, the day was widely celebrated. On May 8, 1914, the U.S. Congress passed a law designating the second Sunday in May as Mother’s Day. Mother’s Day is celebrated throughout the world. In the United Kingdom, Mother’s Day is celebrated on the fourth Sunday of Lent and is called Mothering Sunday. In Brazil, Mother’s Day is second only to Christmas. In Japan, Mother’s Day is a day of pampering for moms. Kids take over the household chores. In France, Mother’s Day was originally declared a holiday by Napoleon, becoming an official holiday in 1950. Serbia needs three days to fully acknowledge their mothers and the spirit of family. Different countries may celebrate with different customs, but the emotion and love for our mothers that tie our families together is the same the world over. It is extremely important to honor moms for everything they do all year long. In a special message to my own mother, I want to wish her a very Happy Mother’s Day. Thank you, Mom, for everything you did for me. I would like to make that same greeting on behalf of my colleagues to all mothers, whether you are blessed to have your children with you at this time and date, or if they have passed on, the warm memories that you may have of them. I also would like to commend my colleagues, staff, and clerks who are also mothers. I want to thank you for everything that you have done for our state, for your families, and for our nation. enator Warren’s statement is as follows S I have a very special introduction. I have a group of female basketball players who are visiting us today from Ann Arbor Preparatory High School in Ypsilanti. The Gator Girls Basketball Team won the Class C State Championship this year, beating Traverse City St. Francis High School 53-37. Arbor Prep is the first charter school in Michigan history to win a girls basketball state championship. That is pretty amazing, I think. Senior Nastassja Chambers led the team in scoring 14.1 points per game and was named First Team All-State. She received a full ride scholarship to play for Wayne State University, staying right here in our great state of Michigan. She was a four-year starter at Arbor Prep. What is exciting about this charter school is not just that they have an amazing girls basketball team, but they are also achieving great academic success. U.S. News & World Report recently named Arbor Prep the No. 10-ranked high school in all of Michigan among all charter schools and traditional high schools. Please help me welcome this amazing girls basketball team who are known not just for being terrific athletes, but amazing academians too. By unanimous consent the Senate returned to the order of Resolutions enate Concurrent Resolution No. 29. S A concurrent resolution of tribute offered as a memorial for Edgar “Ed” Fredricks, former member of the Michigan House of Representatives and Michigan Senate. (For text of resolution, see Senate Journal No. 41, p. 623.) The House of Representatives has adopted the concurrent resolution. The concurrent resolution was referred to the Secretary for record. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator Casperson introduced Senate Bill No. 955, entitled A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” (MCL 125.3101 to 125.3702) by adding section 205c. The bill was read a first and second time by title and referred to the Committee on Transportation. No. 44] [May 5, 2016] JOURNAL OF THE SENATE 687 Senators Stamas, Brandenburg, Jones and Schmidt introduced Senate Bill No. 956, entitled A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending section 12 (MCL 205.432), as amended by 2014 PA 272. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 5345, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 516 (MCL 206.516), as amended by 1987 PA 254. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. House Bill No. 5346, entitled A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” by amending section 2a (MCL 36.2a), as added by 2011 PA 283. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. House Bill No. 5347, entitled A bill to amend 1921 PA 359, entitled “An act to provide for the issuance of veterans’ licenses without cost to former members of the armed forces of the United States to sell their own goods within this state; and to prescribe remedies,” by amending sections 1 and 2 (MCL 35.441 and 35.442), section 1 as amended by 1989 PA 20 and section 2 as amended by 1996 PA 187. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. Committee Reports The Committee on Commerce reported Senate Bill No. 899, entitled A bill to amend 1939 PA 141, entitled “Grain dealers act,” by amending sections 3 and 9 (MCL 285.63 and 285.69), as amended by 2002 PA 80, and by adding section 26a; and to repeal acts and parts of acts. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor, O’Brien and Hertel Nays: None The bill was referred to the Committee of the Whole. The Committee on Commerce reported Senate Bill No. 900, entitled A bill to amend 2003 PA 198, entitled “Farm produce insurance act,” by amending sections 7, 9, 11, and 15 (MCL 285.317, 285.319, 285.321, and 285.325), as amended by 2012 PA 149. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor, O’Brien and Hertel Nays: None The bill was referred to the Committee of the Whole. 688 JOURNAL OF THE SENATE [May 5, 2016] [No. 44 COMMITTEE ATTENDANCE REPORT he Committee on Commerce submitted the following: T Meeting held on Wednesday, May 4, 2016, at 9:00 a.m., Room 210, Farnum Building Present: Senators Schmidt (C), Kowall, MacGregor, O’Brien and Hertel The Committee on Finance reported House Bill No. 4580, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9f (MCL 211.9f), as amended by 2015 PA 119. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 4984, entitled A bill to amend 2003 PA 260, entitled “Tax reverted clean title act,” by amending section 5 (MCL 211.1025), as amended by 2012 PA 222. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 5439, entitled A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 6 (MCL 125.2686), as amended by 2010 PA 277. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Finance submitted the following: T Meeting held on Tuesday, May 3, 2016, at 2:30 p.m., Room 210, Farnum Building Present: Senators Brandenburg (C), Robertson, Knollenberg, Casperson, Proos, Bieda and Warren The Committee on Judiciary reported Senate Bill No. 15, entitled A bill to create the Michigan firearms freedom act; to make certain findings regarding intrastate commerce; to prohibit federal regulation of firearms, firearms accessories, and ammunition involved purely in intrastate commerce in this state; to provide for certain exceptions to federal regulation; and to establish certain manufacturing requirements. No. 44] [May 5, 2016] JOURNAL OF THE SENATE 689 ith the recommendation that the substitute (S-1) be adopted and that the bill then pass. W The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker and Colbeck Nays: Senator Bieda The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4787, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 213a. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker and Colbeck Nays: Senator Bieda The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4830, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16l of chapter XVII (MCL 777.16l), as amended by 2011 PA 202. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker and Colbeck Nays: Senator Bieda The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, May 3, 2016, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Colbeck and Bieda Excused: Senator Rocca The Committee on Health Policy reported Senate Bill No. 690, entitled A bill to amend 1991 PA 179, entitled “Michigan telecommunications act,” by amending subheading E of article 3 and section 315 (MCL 484.2315), as amended by 2011 PA 58. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Health Policy reported Senate Bill No. 691, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17601 (MCL 333.17601), as added by 2008 PA 524. 690 JOURNAL OF THE SENATE [May 5, 2016] [No. 44 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill was referred to the Committee of the Whole. The Committee on Health Policy reported Senate Bill No. 692, entitled A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 939 (MCL 330.1939), as amended by 1990 PA 263. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill was referred to the Committee of the Whole. The Committee on Health Policy reported Senate Bill No. 693, entitled A bill to amend 1937 PA 72, entitled “Division on deafness act,” by amending the title and section 1 (MCL 408.201), as amended by 1988 PA 434. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill was referred to the Committee of the Whole. The Committee on Health Policy reported Senate Bill No. 694, entitled A bill to amend 1937 PA 72, entitled “Division on deafness act,” by amending section 2 (MCL 408.202), as amended by 1988 PA 434. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Health Policy reported House Bill No. 5182, entitled A bill to amend 1893 PA 116, entitled “An act to provide for the maintenance, management and control, of the Michigan school for the deaf, and to repeal all laws inconsistent herewith,” by amending section 1 (MCL 393.51). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson No. 44] [May 5, 2016] JOURNAL OF THE SENATE 691 To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill was referred to the Committee of the Whole. The Committee on Health Policy reported House Bill No. 5183, entitled A bill to amend 1937 PA 72, entitled “Division on deafness act,” by amending section 3 (MCL 408.203), as amended by 1988 PA 434. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill was referred to the Committee of the Whole. The Committee on Health Policy reported House Bill No. 5184, entitled A bill to amend 1937 PA 72, entitled “Division on deafness act,” by amending section 5 (MCL 408.205), as amended by 1988 PA 434. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill was referred to the Committee of the Whole. The Committee on Health Policy reported House Bill No. 5185, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 221 (MCL 750.221). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill was referred to the Committee of the Whole. The Committee on Health Policy reported House Bill No. 5186, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1534 (MCL 380.1534). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill was referred to the Committee of the Whole. 692 JOURNAL OF THE SENATE [May 5, 2016] [No. 44 The Committee on Health Policy reported House Bill No. 5187, entitled A bill to amend 1899 PA 44, entitled “An act to provide for the publication and distribution of publications, laws, and documents, reports of the several officers, boards of officers and public institutions of this state now or hereafter to be published; to provide for the replacing of publications lost by fire or otherwise; to provide for the publication and distribution of the Michigan manual; to provide for duties of certain state and local government departments and agencies; to establish certain funds; and to provide for certain penalties and remedies,” by amending section 34 (MCL 24.34). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill was referred to the Committee of the Whole. The Committee on Health Policy reported House Bill No. 5188, entitled A bill to amend 1937 PA 72, entitled “Division on deafness act,” by amending section 4 (MCL 408.204), as amended by 1988 PA 434. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Tuesday, May 3, 2016, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood The Committee on Appropriations reported Senate Bill No. 833, entitled A bill to amend 1966 PA 291, entitled “Firefighters training council act,” by amending sections 2, 13, and 14 (MCL 29.362, 29.373, and 29.374), as amended by 2006 PA 213. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 883, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding sections 360 and 360a. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson No. 44] [May 5, 2016] JOURNAL OF THE SENATE 693 To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 914, entitled A bill to amend 1976 PA 390, entitled “Emergency management act,” by amending section 18 (MCL 30.418), as amended by 2013 PA 109. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel and Young Nays: Senator Knezek The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, May 4, 2016, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young COMMITTEE ATTENDANCE REPORT he Committee on Energy and Technology submitted the following: T Meeting held on Wednesday, May 4, 2016, at 8:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Nofs (C), Proos, Horn, Schuitmaker, Hune, Shirkey, Zorn, Hopgood, Knezek and Bieda COMMITTEE ATTENDANCE REPORT he Legislative Council submitted the following: T Meeting held on Wednesday, May 4, 2016, at 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Meekhof (C), Rocca, Stamas and Hood Excused: Senators Schmidt and Ananich COMMITTEE ATTENDANCE REPORT he Committee on Regulatory Reform submitted the following: T Meeting held on Wednesday, May 4, 2016, at 2:00 p.m., Rooms 402 and 403, Capitol Building Present: Senators Rocca (C), Jones, Kowall, MacGregor, Hune and Warren Excused: Senators Knollenberg, Hertel and Johnson Scheduled Meetings Joint Select Committee on the Flint Water Public Health Emergency - Tuesday, May 10, 8:00 a.m., Senate Hear­ ing Room, Ground Floor, Boji Tower (373-5307) 694 JOURNAL OF THE SENATE [May 5, 2016] [No. 44 enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:40 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, May 10, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 45 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Tuesday, May 10, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—present Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 696 JOURNAL OF THE SENATE [May 10, 2016] [No. 45 enator Michael L. Nofs the 19th District offered the following invocation: S Dear Lord, we thank You for this day and for the opportunities You’ve placed before us to do right by the people of this great state. We ask that You guide us and our colleagues in the House and that You continue to provide strength, wisdom, and peace. Lord, please bless the state of Michigan and all who look to us for leadership. May we be responsible stewards of our state and steadfast representatives of our communities. We thank You again for the many ways in which You bless our lives. This we pray in the name of Your Son Jesus Christ. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senator Green be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Johnson be temporarily excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Schuitmaker admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. The following communications were received and read: Office of the Auditor General May 4, 2016 nclosed is a copy of the following audit report: E •  Follow-Up report on the Adult Foster Care and Camps Licensing Division, Department of Licensing and Regulatory Affairs. May 5, 2016 nclosed is a copy of the following audit report: E •  Performance audit report on Home Health Services, Michigan Department of Health and Human Services. Sincerely, Doug Ringler Auditor General The audit reports were referred to the Committee on Government Operations. The Secretary announced that pursuant to Rule 2.109 of the Standing Rules of the Senate, the following expense reports have been filed with the Senate Business Office for the quarter from January 1, 2016 through March 31, 2016, and are available in the Senate Business Office during business hours for public inspection: ommittee C Agriculture Appropriations Banking and Financial Institutions Commerce Economic Development and International Investment Education Elections and Government Reform Energy and Technology Families, Seniors and Human Services Finance Government Operations Chairperson Senator Joe Hune Senator Dave Hildenbrand Senator Darwin Booher Senator Wayne Schmidt Senator Ken Horn Senator Phil Pavlov Senator David Robertson Senator Mike Nofs Senator Judy Emmons Senator Jack Brandenburg Senator Arlan Meekhof No. 45] [May 10, 2016] JOURNAL OF THE SENATE ealth Policy H Insurance Judiciary Local Government Michigan Competitiveness Natural Resources Outdoor Recreation and Tourism Oversight Regulatory Reform Transportation Veterans, Military Affairs and Homeland Security Senator Senator Senator Senator Senator Senator Senator Senator Senator Senator Senator 697 Mike Shirkey Joe Hune Rick Jones Dale Zorn Mike Shirkey Tom Casperson Goeff Hansen Peter MacGregor Tory Rocca Tom Casperson Margaret O’Brien The Secretary announced that the following House bills were received in the Senate and filed on Thursday, May 5: House Bill Nos. 5078 5079 5081 5348 5383 5384 5387 The Secretary announced that the following bills were printed and filed on Thursday, May 5, and are available at the Michigan Legislature website: Senate Bill Nos. 955 956 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:05 a.m. 11:25 a.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. During the recess, Senators Green and Johnson entered the Senate Chamber. The following communication was received and read: Office of the Senate Majority Leader May 9, 2016 ursuant to MCL 390.1665(3)(a)(ii), I appoint the following person to the Newaygo County Promise Zone Authority P Board: Dr. Lori Tubergen Clark, Superintendent Newaygo County RESA Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communication was referred to the Secretary for record. By unanimous consent the Senate proceeded to the order of Third Reading of Bills The following bill was announced: Senate Bill No. 853, entitled A bill to preempt local ordinances regulating the use, disposition, or sale of, prohibiting or restricting, or imposing any fee, charge, or tax on certain containers. (This bill was read a third time on May 5 and consideration postponed. See Senate Journal No. 44, p. 680.) The question being on the passage of the bill, Senator Hertel offered the following amendment: 1. Amend page 2, line 9, after “containers.” by inserting “This subdivision does not apply to an ordinance that applies only to plastic bags and that is approved by a majority of the electors of the local unit of government voting on the question.”. 698 JOURNAL OF THE SENATE [May 10, 2016] he amendment was not adopted, a majority of the members serving not voting therefor. T Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 252 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Rocca Nays—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Excused—0 Not Voting—0 In The Chair: O’Brien Senator Warren offered the following amendment: 1. Amend page 2, following line 15, by inserting: “(a) An ordinance adopted before January 1, 2018.” and relettering the remaining subdivisions. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 253 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Rocca Nays—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas [No. 45 No. 45] [May 10, 2016] JOURNAL OF THE SENATE Green Hansen Kowall Proos Zorn MacGregor 699 Excused—0 Not Voting—0 In The Chair: O’Brien Senator Warren offered the following amendment: 1. Amend page 2, following line 20, by inserting: “Sec. 4. (1) A food service or retail facility that provides consumers with plastic bags as auxiliary containers shall accept from a consumer any plastic bag that is an auxiliary container, unless the plastic bag is marked with the name or logo of a different food service or retail facility, and shall recycle or reuse the plastic bag. (2) Pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, the department of environmental quality may adopt rules to implement subsection (1).”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 254 Yeas—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Excused—0 Not Voting—0 In The Chair: O’Brien he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 255 Yeas—25 Booher Hildenbrand Marleau Robertson Brandenburg Hune Meekhof Schmidt 700 JOURNAL OF THE SENATE [May 10, 2016] [No. 45 Casperson Knezek Nofs Schuitmaker Colbeck Knollenberg O’Brien Shirkey Emmons Kowall Pavlov Stamas Green MacGregor Proos Zorn Hansen Nays—12 Ananich Hertel Horn Rocca Bieda Hood Johnson Warren Gregory Hopgood Jones Young Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. Protest enator Bieda, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 853. S Senator Bieda’s statement is as follows: I have heard people in this chamber talk about local control continuously and that the best government is the government that governs least; the best government is the government that is close to the people. While there may be some arguments in support of this legislation, it seems to be a part of a continuous effort to erode local control in this state. I would like to liken local control to what we see at the national level. There was a Supreme Court Justice Louis Brandeis, and there is a case, New State Ice Co. v. Liebmann, where he talked about the laboratories of democracy. He said, “A state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country.” That’s what we have right here. Local ordinances, local governments, and voters at the local level determine what they want in their own communities. Today, this bill is another nail in the coffin of local control. I voted against this legislation, along with many of my colleagues, because of what it did to the ability of citizens in their own communities to determine and fashion those laws that make sense for those local communities. I think one of the strengths of our country and one of the strengths of our state is that we have voter participation, and we have government that is close to the people. This is just a trend in taking that away from the people, so I voted “no” on Senate Bill No. 853. Senator Hertel asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Hertel’s statement is as follows: “I believe the most effective, responsible, and responsive government is government closest to the people.” That is not a quote from Jefferson or John Rock; it is from the Michigan Republican Party platform. Unfortunately, this body time and time again has subverted the will of the people by preempting local government’s authority to enact regulations that are best for their communities. I think some of the people in the Gallery have experienced this in their own communities. In many instances, what is best for Kalkaska is not necessarily best for Detroit, Ann Arbor, or East Lansing—my district. My amendment would allow for a community that chooses to add a fee to plastic bags by a vote of the people. We heard in committee from individuals who had worked with the locally-elected, both Republicans and Democrats; with the business community; with interest groups; and with people who live in that community to develop a plan that best No. 45] [May 10, 2016] JOURNAL OF THE SENATE 701 fits their needs. We don’t need a one-size state solution to every problem facing local government. We need to let our communities and democracy work. So I ask you to let the people vote and decide to have their own rules when it comes to plastic bags. We should not have a statewide ban. Stop the preemptive attacks on local control, and vote “yes” on my amendment. Senator Kowall moved that the following bill be placed at the head of the Third Reading of Bills calendar: Senate Bill No. 595 The motion prevailed. The following bill was read a third time: Senate Bill No. 595, entitled A bill to amend 1963 PA 181, entitled “Motor carrier safety act of 1963,” by amending section 5 (MCL 480.15), as amended by 2013 PA 263. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 256 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Young as Chairperson. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 739, entitled A bill to amend 2012 PA 387, entitled “Regional transit authority act,” (MCL 124.541 to 124.558) by adding section 10a. 702 JOURNAL OF THE SENATE [May 10, 2016] [No. 45 House Bill No. 5439, entitled A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 6 (MCL 125.2686), as amended by 2010 PA 277. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 671, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 303 and 543 (MCL 436.1303 and 436.1543), section 543 as amended by 2010 PA 213. Substitute (S-2). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 7, line 2, after “4.415.” by inserting “THIS SUBSECTION DOES NOT PROHIBIT THE COUNCIL OR A COUNCIL MEMBER OR EMPLOYEE FROM PROVIDING TECHNICAL INFORMATION TO THE LEGISLATURE OR TO THE DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT, REGARDLESS OF WHETHER THE COUNCIL, COUNCIL MEMBER, OR EMPLOYEE IS APPEARING BEFORE AN OFFICIALLY CONVENED LEGISLATIVE COMMITTEE OR DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT HEARING PANEL, IF THE TECHNICAL INFORMATION IS RELATED TO THE COUNCIL’S DUTIES UNDER THIS SECTION. AS USED IN THIS SUBSECTION, “TECHNICAL INFORMATION” MEANS THAT TERM AS DEFINED IN SECTION 5 OF 1978 PA 472, MCL 4.415.”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 625, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406t. Substitute (S-2). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 2, line 9, after “THE” by striking out “STATE TREASURER” and inserting “DEPARTMENT”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 504, entitled A bill to amend 1995 PA 279, entitled “Horse racing law of 1995,” by amending sections 2, 7, 10, 12, 14, 17, 18, 19, 19a, and 22 (MCL 431.302, 431.307, 431.310, 431.312, 431.314, 431.317, 431.318, 431.319, 431.319a, and 431.322), section 2 as amended by 2006 PA 445, sections 7, 10, and 12 as amended by 2000 PA 164, and sections 14, 17, and 18 as amended and section 19a as added by 1998 PA 408. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 505, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14d of chapter XVII (MCL 777.14d), as added by 2002 PA 29. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: Senate Bill No. 739 Senate Bill No. 625 No. 45] [May 10, 2016] JOURNAL OF THE SENATE 703 Senate Bill No. 504 Senate Bill No. 505 House Bill No. 5439 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: Senate Bill No. 739, entitled A bill to amend 2012 PA 387, entitled “Regional transit authority act,” (MCL 124.541 to 124.558) by adding section 10a. The question being on the passage of the bill, Senator Warren offered the following amendment: 1. Amend page 1, line 2, by striking out “2” and inserting “4”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 257 Yeas—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Excused—0 Not Voting—0 In The Chair: O’Brien he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 258 Yeas—32 Ananich Gregory Johnson Robertson Bieda Hansen Jones Rocca Booher Hertel Knollenberg Schmidt Brandenburg Hildenbrand Kowall Schuitmaker Casperson Hood MacGregor Stamas 704 JOURNAL OF THE SENATE [May 10, 2016] Colbeck Hopgood Emmons Horn Green Hune [No. 45 Meekhof Warren Nofs Young O’Brien Zorn Nays—5 Knezek Pavlov Proos Shirkey Marleau Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 625, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3406u. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 259 Yeas—36 Ananich Hansen Knezek Proos Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Rocca Brandenburg Hood MacGregor Schmidt Casperson Hopgood Marleau Schuitmaker Colbeck Horn Meekhof Stamas Emmons Hune Nofs Warren Green Johnson O’Brien Young Gregory Jones Pavlov Zorn Nays—1 Shirkey Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. No. 45] [May 10, 2016] JOURNAL OF THE SENATE 705 The following bill was read a third time: Senate Bill No. 504, entitled A bill to amend 1995 PA 279, entitled “Horse racing law of 1995,” by amending sections 2, 7, 8, 9, 10, 12, 14, 17, 18, 19, 19a, 22, 27, 30, and 31 (MCL 431.302, 431.307, 431.308, 431.309, 431.310, 431.312, 431.314, 431.317, 431.318, 431.319, 431.319a, 431.322, 431.327, 431.330, and 431.331), section 2 as amended by 2006 PA 445, sections 7, 9, 10, and 12 as amended by 2000 PA 164, and sections 14, 17, and 18 as amended and section 19a as added by 1998 PA 408, and by adding section 19b. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 260 Yeas—30 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Meekhof Schuitmaker Casperson Horn Nofs Stamas Emmons Hune O’Brien Warren Green Johnson Proos Young Gregory Knezek Nays—7 Colbeck Jones Pavlov Zorn Hansen Marleau Shirkey Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 505, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14d of chapter XVII (MCL 777.14d), as added by 2002 PA 29. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 261 Yeas—31 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Stamas 706 JOURNAL OF THE SENATE [May 10, 2016] [No. 45 Emmons Hune Nofs Warren Green Johnson O’Brien Young Gregory Knezek Proos Nays—6 Colbeck Jones Shirkey Zorn Hansen Pavlov Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5439, entitled A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 6 (MCL 125.2686), as amended by 2010 PA 277. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 262 Yeas—33 Ananich Hildenbrand Kowall Robertson Bieda Hood MacGregor Rocca Booher Hopgood Marleau Schmidt Brandenburg Horn Meekhof Schuitmaker Casperson Johnson Nofs Stamas Green Jones O’Brien Warren Gregory Knezek Pavlov Young Hansen Knollenberg Proos Zorn Hertel Nays—4 Colbeck Emmons Hune Shirkey Excused—0 In The Chair: O’Brien Not Voting—0 No. 45] [May 10, 2016] JOURNAL OF THE SENATE 707 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to create and expand certain renaissance zones; to foster economic opportunities in this state; to facilitate economic development; to stimulate industrial, commercial, and residential improvements; to prevent physical and infrastructure deterioration of geographic areas in this state; to authorize expenditures; to provide exemptions and credits from certain taxes; to create certain obligations of this state and local governmental units; to require disclosure of certain transactions and gifts; to provide for appropriations; and to prescribe the powers and duties of certain state and local departments, agencies, and officials,”. The Senate agreed to the full title. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. enator Meekhof offered the following resolution: S Senate Resolution No. 172. A resolution recognizing 2016 as the 90th Anniversary of the International Economic Development Council and as the Year of the Economic Developer. Whereas, The International Economic Development Council is celebrating its 90th Anniversary in 2016; and Whereas, Economic developers promote economic well-being and quality of life for their communities by creating, retaining, and expanding jobs that facilitate growth, enhance wealth, and provide a stable tax base; and Whereas, Economic developers stimulate and incubate entrepreneurism in order to help establish the next generation of new businesses, which is the hallmark of the American economy; and Whereas, Economic developers are engaged in a wide variety of settings, including rural and urban; local, state, provincial, and federal governments; public-private partnerships; chambers of commerce; universities; and a variety of other institutions; and Whereas, Economic developers attract and retain high-quality jobs, develop vibrant communities, and improve the quality of life in their regions; and Whereas, Economic developers work in every county within the state of Michigan; now, therefore, be it Resolved by the Senate, That we hereby commend the International Economic Development Council and its officers, staff, and members on its 90th Anniversary. We also recognize 2016 as the Year of the Economic Developer in the state of Michigan, and remind individuals of the importance of this profession in creating career opportunities and improving quality of life; and be it further Resolved, That a copy of this resolution be transmitted to the International Economic Development Council and the Michigan Economic Developers Association. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Booher, Brandenburg, Hansen, Hildenbrand, MacGregor, Proos, Warren and Zorn were named co‑sponsors of the resolution. Introduction and Referral of Bills Senator Marleau introduced Senate Bill No. 957, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20161 (MCL 333.20161), as amended by 2015 PA 104. The bill was read a first and second time by title and referred to the Committee on Appropriations. 708 JOURNAL OF THE SENATE [May 10, 2016] [No. 45 House Bill No. 5078, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 35 (MCL 791.235), as amended by 2012 PA 24. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5079, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 33, 33b, and 34 (MCL 791.233, 791.233b, and 791.234), section 33 as amended by 1998 PA 320, section 33b as amended by 2010 PA 94, and section 34 as amended by 2010 PA 353. The House of Representatives has passed the bill by a 3/4 vote and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5081, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 197d. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5348, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1200 (MCL 600.1200), as added by 2012 PA 335. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. House Bill No. 5383, entitled A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending sections 2 and 9 (MCL 12.252 and 12.259), section 2 as amended by 2005 PA 232, section 9 as added by 2005 PA 232, and by adding section 12. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 5384, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending the title and sections 3, 5, 6, 11, 11a, 501, 502, 507, 522, 528, 551, 552, 561, 654, 705, 921, 1147, 1225, 1229, 1231, 1233, 1237, 1250, and 1351a (MCL 380.3, 380.5, 380.6, 380.11, 380.11a, 380.501, 380.502, 380.507, 380.522, 380.528, 380.551, 380.552, 380.561, 380.654, 380.705, 380.921, 380.1147, 380.1225, 380.1229, 380.1231, 380.1233, 380.1237, 380.1250, and 380.1351a), the title as amended by 2003 PA 179, section 3 as amended by 2007 PA 45, section 5 as amended by 2011 PA 232, sections 6 and 1250 as amended by 2009 PA 205, section 11 as amended by 1995 PA 289, section 11a as amended by 2010 PA 91, sections 501, 502, 507, 522, 528, 551, and 561 as amended by 2011 PA 277, section 552 as amended by 2012 PA 129, section 705 as amended by 2003 PA 299, section 1147 as amended by 2014 PA 479, section 1225 as amended by 2012 PA 1, section 1229 as amended by 2011 PA 105, section 1231 as amended by 2002 PA 735, section 1233 as amended by 2000 PA 288, section 1237 as added by 2000 PA 387, and section 1351a as amended by 2002 PA 65, and by adding sections 12b, 1233c, and 1356a and part 5b; and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 5387, entitled A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to No. 45] [May 10, 2016] JOURNAL OF THE SENATE 709 declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending sections 2a, 6, 11, 13, and 15 (MCL 423.202a, 423.206, 423.211, 423.213, and 423.215), section 2a as added by 1994 PA 112, section 6 as amended by 1984 PA 112, and section 15 as amended by 2014 PA 414. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. Committee Reports The Committee on Transportation reported House Bill No. 4634, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2015 PA 174. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill was referred to the Committee of the Whole. The Committee on Transportation reported House Bill No. 5247, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 698 (MCL 257.698), as amended by 2012 PA 262. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, May 5, 2016, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood The Committee on Veterans, Military Affairs and Homeland Security reported Senate Bill No. 809, entitled A bill to create the office of the Michigan veterans’ facility ombudsman; and to prescribe the powers and duties of the office, the ombudsman, the legislative council, and the department of military and veterans affairs. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. 710 JOURNAL OF THE SENATE [May 10, 2016] [No. 45 The Committee on Veterans, Military Affairs and Homeland Security reported House Bill No. 4796, entitled A bill to amend 1955 PA 133, entitled “An act to provide for the granting of military leaves and providing re-employment protection for officers and enlisted men of the military or naval forces of the state or of the United States,” by amending sections 2 and 3 (MCL 32.272 and 32.273), section 3 as amended by 2008 PA 106. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Veterans, Military Affairs and Homeland Security submitted the following: T Meeting held on Thursday, May 5, 2016, at 11:30 a.m., Room 110, Farnum Building Present: Senators O’Brien (C), Emmons, Zorn, Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Committee on Energy and Technology submitted the following: T Meeting held on Thursday, May 5, 2016, at 8:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Nofs (C), Proos, Horn, Schuitmaker, Hune, Shirkey, Zorn, Hopgood, Knezek and Bieda Scheduled Meetings Agriculture - Thursday, May 12, 8:30 a.m., Room 110, Farnum Building (373-5323) Commerce - Wednesday, May 11, 8:30 a.m., Room 210, Farnum Building (373-5312) Families, Seniors and Human Services - Wednesday, May 11, 3:00 p.m., Room 210, Farnum Building (373-5323) Michigan Competitiveness - Wednesday, May 11, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5314) Natural Resources - Wednesday, May 11, 12:30 p.m., Room 210, Farnum Building (373-1721) Outdoor Recreation and Tourism - Wednesday, May 11, 12:30 p.m., Room 110, Farnum Building (373-5314) Regulatory Reform - Wednesday, May 11, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323) Transportation - Thursday, May 12, 8:30 a.m., Room 210, Farnum Building (373-5312) Veterans, Military Affairs and Homeland Security - Thursday, May 12, 2:00 p.m., Room 110, Farnum Building (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 12:24 p.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Wednesday, May 11, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 46 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Wednesday, May 11, 2016. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—excused Johnson—excused Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—excused Hertel—present Meekhof—excused Hildenbrand—present Nofs—present Hood—excused O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—excused Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—excused Zorn—present 712 JOURNAL OF THE SENATE [May 11, 2016] [No. 46 astor David Barringer of Kalamazoo First Assembly of God Church of Portage offered the following invocation: P Psalm 8:1 says, “O Lord, our Lord, how majestic is Your name in all the earth. You have set Your glory above the heavens.” Father God, today I worship You as the King of kings and Lord of lords. You have established Your throne in heaven. You are creator of the universe and ruler over all the nations of the earth. I acknowledge that there is no name greater than Yours. All glory, power, and honor belong to You. I thank You for this nation and this great state of Michigan. We celebrate Your goodness and mercy upon our beautiful state. Today, we also thank You, God, for the gift of government, which You have established to serve the good of the people in Michigan. Father, I pray according to 1 Timothy 2:1-3, which says, “I exhort therefore, that, first of all, supplications, prayers, intercessions, and giving of thanks be made for all men; for kings, and for all that are in authority; that we may lead a quiet and peaceable life in all godliness and honesty. For this is good and acceptable in the sight of God our Saviour.” We praise You, Lord, for the many righteous and integral men and women who serve us, and we acknowledge that they are a gift from You. I bring the needs of our Michigan state government before You and ask You to bless the state of Michigan through godly leadership. Lord, I ask that our Governor and all statewide officeholders will seek Your divine guidance and receive wisdom for every decision they will make. I ask that they would be empowered by Your Holy Spirit, act with Your justice and compassion, and govern by Your peace and Your directions. Pour out Your presence upon our state leaders, and make Your word known to them. Cause them to be men and women of grace, mercy, and integrity, that the life of our state may be quiet and peaceable, living in all godliness and honesty. Let our leaders’ hearts and ears be attentive to Your counsel, doing what is right in Your sight. Let righteousness dwell in our government. God, we know that a house divided cannot stand. Therefore, we pray for a unified state government, standing together for the sake of the people of Michigan. I pray for Your protection to cover all of our lawmakers, as promised in Psalm 91. Give them health and vitality. Bless their marriages, children, and families. Bless every work of their hands. In the name of Jesus, I pray that You and Your kingdom of righteousness and justice will be manifested in the hearts of all our Michigan leadership. Reveal Your Son to each. Thank you for hearing our prayer. We rejoice in receiving Your many blessings. Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senators Casperson and Knollenberg be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senators Brandenburg, Marleau, Meekhof and Schmidt be excused from today’s session. S The motion prevailed. enator Knezek moved that Senator Hopgood be temporarily excused from today’s session. S The motion prevailed. enator Knezek moved that Senators Hood, Johnson and Young be excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Zorn and Hertel admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. The following communication was received: Office of Senator Ken Horn May 10, 2016 I ’d like to request that it be reflected in Senate Journal Number 45 for May 10, 2016 that it was my intent to vote yes on Senate Bill 853. Sincerely, Ken Horn State Senator 32nd District The communication was referred to the Secretary for record. No. 46] [May 11, 2016] JOURNAL OF THE SENATE 713 The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, May 10: House Bill Nos. 5442 5449 5548 5549 5550 5551 5567 The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, May 11: House Bill Nos. 5256 5263 5268 5272 5274 5276 5306 5329 The Secretary announced that the following bills were printed and filed on Tuesday, May 10, and are available at the Michigan Legislature website: Senate Bill No. 957 House Bill Nos. 5633 5634 5635 5636 5637 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:07 a.m. 10:23 a.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. During the recess, Senator Zorn introduced the Dundee High School Wrestling Team, 2016 MHSAA Class B State Champ­ ions, and Head Coach Tim Roberts; and presented them with a Special Tribute. Coach Roberts responded briefly. During the recess, Senators Hertel, Schmidt, MacGregor and Hildenbrand introduced the Michigan State University Men’s Golf Team, qualifiers for the NCAA Regional Tournament, and Coach Casey Lubahn; and presented them with a State Seal. Coach Lubahn responded briefly. During the recess, Senators Knollenberg, Hopgood and Casperson entered the Senate Chamber. Messages from the Governor The following message from the Governor was received: Date: May 10, 2016 Time: 8:06 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 331 (Public Act No. 112), being An act to amend 1986 PA 119, entitled “An act to regulate the business of buying or receiving used motor vehicle parts; to prescribe the powers and duties of certain state and local officers; and to provide penalties,” by amending sections 1, 2, and 4 (MCL 257.1351, 257.1352, and 257.1354) and by adding section 2a. (Filed with the Secretary of State on May 10, 2015, at 1:02 p.m.) Respectfully, Rick Snyder Governor By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Zorn as Chairperson. 714 JOURNAL OF THE SENATE [May 11, 2016] [No. 46 After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 691, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17601 (MCL 333.17601), as added by 2008 PA 524. Senate Bill No. 692, entitled A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 939 (MCL 330.1939), as amended by 1990 PA 263. Senate Bill No. 693, entitled A bill to amend 1937 PA 72, entitled “Division on deafness act,” by amending the title and section 1 (MCL 408.201), as amended by 1988 PA 434. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 690, entitled A bill to amend 1991 PA 179, entitled “Michigan telecommunications act,” by amending subheading E of article 3 and section 315 (MCL 484.2315), as amended by 2011 PA 58. Substitute (S-1). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 3, following line 7, by inserting: “Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 694, entitled A bill to amend 1937 PA 72, entitled “Division on deafness act,” by amending section 2 (MCL 408.202), as amended by 1988 PA 434. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. enator Kowall moved that Senator Booher be excused from the balance of today’s session. S The motion prevailed. Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. Senators Proos, Horn, Shirkey, Schuitmaker, Pavlov, Marleau, Rocca, Brandenburg, Knollenberg, O’Brien, Jones and Schmidt offered the following resolution: Senate Resolution No. 173. A resolution to oppose the requested diversion of water from Lake Michigan by the city of Waukesha, Wisconsin. Whereas, The Great Lakes-St. Lawrence River Basin Water Resources Compact and the Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement establish a high bar for determining when diversions from the Great Lakes can occur. Only communities bordering the Great Lakes basin boundary are eligible to divert water out of the basin. Furthermore, the Great Lakes states and provinces agreed to a strict standard for determining if these communities should be allowed to divert water. Under the compact, all the states must agree that those standards have been met; and No. 46] [May 11, 2016] JOURNAL OF THE SENATE 715 Whereas, The city of Waukesha, Wisconsin, is the first community to seek approval for a diversion from the Great Lakes basin under the compact and agreement. The city of Waukesha seeks to divert water from Lake Michigan to replace its current radium-contaminated drinking water supply. The city has requested approval to divert enough water to meet its current and future needs as well as supply water to surrounding areas that are not currently served by the city; and Whereas, The city of Waukesha’s request includes areas that may not need Great Lakes water. Under the compact, the city must demonstrate that a diversion is needed for areas within the community without adequate supplies of potable water. The city has included neighboring communities in its request that are not currently served by the city’s water system and may not share similar contamination issues; and Whereas, The city of Waukesha’s request overestimates its future water needs. Under the compact, a diversion request must be limited to reasonable quantities. In addition to including potential demand from an expanded service area, the city has not properly accounted for decreasing water use in the city over the last decade and the effect of water conservation efforts. Thus, the amount of water that the city has requested is not reasonable; and Whereas, The state of Michigan holds a fundamental interest in ensuring the protection of the Great Lakes. Michigan is literally defined by the four Great Lakes it borders, and the Great Lakes are critical to Michigan’s prosperity. Consequently, we cannot support any proposal to divert Great Lakes water that does not meet the strictest interpretation of the standards agreed upon by the Great Lakes states and provinces; and Whereas, At this time, the city of Waukesha has failed to meet the standards agreed upon by the Great Lakes states and provinces; now, therefore, be it Resolved by the Senate, That we oppose the requested diversion of water from Lake Michigan by the city of Waukesha, Wisconsin; and be it further Resolved, That copies of this resolution be transmitted to the Governor of Michigan; the governors of Illinois, Indiana, Minnesota, New York, Ohio, Pennsylvania, and Wisconsin; the premiers of Ontario and Québec; and the Executive Director of the Conference of Great Lakes and St. Lawrence Governors and Premiers. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Natural Resources. The motion prevailed. Senators Bieda, Booher, Hansen, Hildenbrand, Kowall, Robertson, Warren and Zorn were named co‑sponsors of the resolution. Introduction and Referral of Bills Senators Schmidt, Casperson and Stamas introduced Senate Bill No. 958, entitled A bill to amend 1982 PA 432, entitled “Motor bus transportation act,” by amending section 23 (MCL 474.123), as amended by 1989 PA 233. The bill was read a first and second time by title and referred to the Committee on Transportation. Senators Schmidt and Hansen introduced Senate Bill No. 959, entitled A bill to authorize, facilitate, and regulate the acquisition and disposal of certain property and gifts of certain property by certain entities to community foundations; to validate all transfers made before the enactment of this act; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Local Government. Senators Brandenburg, Hune, Marleau, Proos, Green, Warren and Schmidt introduced Senate Bill No. 960, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7o (MCL 211.7o), as amended by 2006 PA 681. The bill was read a first and second time by title and referred to the Committee on Finance. 716 JOURNAL OF THE SENATE [May 11, 2016] [No. 46 House Bill No. 5256, entitled A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The House of Representatives has passed the bill. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 5263, entitled A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The House of Representatives has passed the bill. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 5268, entitled A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The House of Representatives has passed the bill. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 5272, entitled A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The House of Representatives has passed the bill. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 5274, entitled A bill to make appropriations for the department of health and human services for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The House of Representatives has passed the bill. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 5276, entitled A bill to make appropriations for the legislature, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, the department of talent and economic development, and certain state purposes related thereto for the fiscal year ending September 30, 2017; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act. The House of Representatives has passed the bill. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. No. 46] [May 11, 2016] JOURNAL OF THE SENATE 717 House Bill No. 5306, entitled A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The House of Representatives has passed the bill. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 5329, entitled A bill to make appropriations for the state transportation department for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The House of Representatives has passed the bill. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 5442, entitled A bill to prescribe the public threat alert system as the official response to public threat situations in this state; and to provide for the powers and duties of certain state and local governmental officers and authorities. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5449, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2015 PA 201. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5548, entitled A bill to amend 1911 PA 235, entitled “An act to provide for the payment and reimbursement by counties, in certain cases upon application therefor, of expenses incurred in the burial of the bodies of honorably discharged members of the armed forces of the United States, or their spouses, and to repeal certain acts or parts of acts,” by amending section 1 (MCL 35.801), as amended by 2003 PA 290. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. House Bill No. 5549, entitled A bill to amend 1946 (1st Ex Sess) PA 9, entitled “An act to create the Michigan veterans’ trust fund, and to define who shall be eligible to receive assistance therefrom; to provide for the disbursement of the income thereof and surplus therein; to create a board of trustees, and to prescribe its powers and duties; to provide for county and district committees, and their powers, duties, and expenses; to prescribe penalties; and to make appropriations to carry out the provisions of this act,” by amending section 2 (MCL 35.602). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. House Bill No. 5550, entitled A bill to amend 1899 PA 214, entitled “An act to provide relief outside of the soldiers’ home for honorably discharged indigent soldiers, sailors, marines, nurses and members of women’s auxiliaries and the indigent wives, widows and minor children of such indigent or deceased soldiers, sailors, marines, nurses and members of women’s auxiliaries, and to repeal certain acts and parts of acts,” by amending section 1 (MCL 35.21), as amended by 1984 PA 168. 718 JOURNAL OF THE SENATE [May 11, 2016] [No. 46 he House of Representatives has passed the bill and ordered that it be given immediate effect. T The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. House Bill No. 5551, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 310 (MCL 257.310), as amended by 2016 PA 4. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. House Bill No. 5567, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1f of chapter IX (MCL 769.1f), as amended by 2012 PA 331. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. Committee Reports COMMITTEE ATTENDANCE REPORT he Joint Select Committee on Flint Water Public Health Emergency (SCR 24) submitted the following: T Meeting held on Tuesday, May 10, 2016, at 8:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Stamas (C), Hune and Ananich COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, May 10, 2016, at 12:30 p.m., Room 100, Farnum Building Present: Senators Zorn (C), Proos and Brandenburg Excused: Senators Rocca and Young COMMITTEE ATTENDANCE REPORT he Committee on Commerce submitted the following: T Meeting held on Wednesday, May 11, 2016, at 8:30 a.m., Room 210, Farnum Building Present: Senators Kowall, MacGregor, O’Brien and Hertel Excused: Senator Schmidt (C) Scheduled Meetings Agriculture - Thursday, May 12, 8:30 a.m., Room 110, Farnum Building (373-5323) (CANCELED) Transportation - Thursday, May 12, 8:30 a.m., Room 210, Farnum Building (373-5312) Veterans, Military Affairs and Homeland Security - Thursday, May 12, 11:00 a.m., Room 110, Farnum Building (373‑5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:41 a.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Thursday, May 12, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 47 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Thursday, May 12, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—excused Booher—excused Hune—present Brandenburg—excused Johnson—excused Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—excused Gregory—present MacGregor—present Hansen—present Marleau—excused Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—excused O’Brien—present Pavlov—present Proos—excused Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—excused Zorn—present 720 JOURNAL OF THE SENATE [May 12, 2016] [No. 47 everend John Fitzmaurice of St. Mary’s Catholic Church of St. Clair offered the following invocation: R Father in heaven, we thank You for this day. We thank You for our lives. We thank You for all You have created, especially the great state of Michigan. Today, we ask special graces upon those who are out doing Your work, whether they be health professionals, teachers, tradesmen, business owners, or whoever is out there bringing forward the state of Michigan. We also pray for those who cannot work, whether it be through a mental or physical impairment, an economic situation, or a disability. May they feel the grace of God’s hand helping them. As we approach and get closer to Pentecost Sunday, we certainly feel the Holy Spirit among us. May the Holy Spirit fill this chamber today with the Senators who are on the floor and all those who work with them; that their decisions are just; that they open their minds and open their hearts to further this state for the greater good of all of its citizens. We ask this all today through our Savior Jesus Christ our Lord. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Stamas moved that Senators Casperson, Hildenbrand, Knollenberg and Nofs be temporarily excused from today’s session. The motion prevailed. enator Bieda moved that Senators Hood, Johnson and Young be excused from today’s session. S The motion prevailed. Senator Stamas moved that Senators Booher, Brandenburg, Horn, Kowall, Marleau and Proos be excused from today’s session. The motion prevailed. Senator Stamas moved that rule 3.902 be suspended to allow the guests of Senator Meekhof admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. Senators Knollenberg, Nofs and Hildenbrand entered the Senate Chamber. The Secretary announced that the following bills were printed and filed on Wednesday, May 11, and are available at the Michigan Legislature website: Senate Bill Nos. 958 959 960 House Bill Nos. 5638 5639 5640 5641 5642 5643 5644 5645 5646 By unanimous consent the Senate proceeded to the order of General Orders Senator Stamas moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Hopgood as Chairperson. Recess enator Stamas moved that the Committee of the Whole recess subject to the call of the Chairperson. S The motion prevailed, the time being 10:11 a.m. 10:25 a.m. The Committee of the Whole was called to order by the Chairperson, Senator Hopgood. No. 47] [May 12, 2016] JOURNAL OF THE SENATE 721 After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 5182, entitled A bill to amend 1893 PA 116, entitled “An act to provide for the maintenance, management and control, of the Michigan school for the deaf, and to repeal all laws inconsistent herewith,” by amending section 1 (MCL 393.51). House Bill No. 5183, entitled A bill to amend 1937 PA 72, entitled “Division on deafness act,” by amending section 3 (MCL 408.203), as amended by 1988 PA 434. House Bill No. 5184, entitled A bill to amend 1937 PA 72, entitled “Division on deafness act,” by amending section 5 (MCL 408.205), as amended by 1988 PA 434. House Bill No. 5185, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 221 (MCL 750.221). House Bill No. 5186, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1534 (MCL 380.1534). House Bill No. 5187, entitled A bill to amend 1899 PA 44, entitled “An act to provide for the publication and distribution of publications, laws, and documents, reports of the several officers, boards of officers and public institutions of this state now or hereafter to be published; to provide for the replacing of publications lost by fire or otherwise; to provide for the publication and distribution of the Michigan manual; to provide for duties of certain state and local government departments and agencies; to establish certain funds; and to provide for certain penalties and remedies,” by amending section 34 (MCL 24.34). House Bill No. 5188, entitled A bill to amend 1937 PA 72, entitled “Division on deafness act,” by amending section 4 (MCL 408.204), as amended by 1988 PA 434. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4344, entitled A bill to amend 1974 PA 300, entitled “Motor vehicle service and repair act,” by amending sections 2, 2a, 3, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 30, 32, 33, 34a, 36, and 39 (MCL 257.1302, 257.1302a, 257.1303, 257.1307, 257.1309, 257.1310, 257.1311, 257.1312, 257.1313, 257.1314, 257.1315, 257.1316, 257.1317, 257.1318, 257.1319, 257.1320, 257.1321, 257.1322, 257.1330, 257.1332, 257.1333, 257.1334a, 257.1336, and 257.1339), sections 2, 18, 22, and 30 as amended and section 2a as added by 1988 PA 254, section 10 as amended by 2000 PA 366, and section 17 as amended by 2002 PA 464, and by adding sections 7a, 7b, 7c, 7d, 7e, 7f, 10a, 13a, 13b, and 32a. Substitute (S-4). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senator Casperson entered the Senate Chamber. Resolutions enator Stamas moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. 722 JOURNAL OF THE SENATE [May 12, 2016] [No. 47 enator Pavlov offered the following resolution: S Senate Resolution No. 174. A resolution to recognize Clay Township as the sturgeon angling capital of Michigan. Whereas, By far, more sturgeon angling occurs in the North and Middle Channels of the St. Clair River within the political boundaries of Clay Township than anywhere else in Michigan. Though other areas of the state are open to catch and immediate release for sturgeon fishing, populations are too small to make sturgeon a viable target species in most watersheds. In a few other areas where some harvest is allowed, regulations severely restrict the seasons. Most sturgeon fishing in the St. Clair River occurs in the North Channel, which is almost entirely within the boundaries of Clay Township; and Whereas, The waters of the St. Clair River within Clay Township have the longest and most active harvest seasons for lake sturgeon in Michigan for nonstocked waters with natural reproduction. The harvest season in the waters of the St. Clair River in Clay Township runs from July 16 until the end of September. Catch and immediate release angling continues until the end of November; and Whereas, More sturgeon fishing permits are issued to anglers in the Greater Detroit Metro Area, including Wayne, Macomb, St. Clair, and Oakland Counties, with the vast majority issued in Macomb and St. Clair Counties. Those anglers fish almost exclusively within the Clay Township waters of the North Channel of the St. Clair River; and Whereas, The waters of the North Channel of the St. Clair River within the boundaries of Clay Township support the only commercial charter boat fishery for lake sturgeon in the state of Michigan; and Whereas, More tagged sturgeon are reported to the Department of Natural Resources (DNR), and more Lake Sturgeon Management Cooperator patches are issued to anglers fishing the Clay Township waters of the St. Clair River than to anglers fishing anywhere else in the state of Michigan; and Whereas, A vast majority of lake sturgeon recorded in the Michigan DNR Master Angler Program are taken from Clay Township waters of the North Channel of the St. Clair River. A search of the records for the last five years shows that 63 of 67 entries came from the St. Clair River and Lake St. Clair; and Whereas, Michigan’s only sturgeon and most unique fishing tournament, the North Channel Sturgeon Classic, is held fully within the Clay Township waters of the North Channel of the St. Clair River. There were more than 33 fish caught by anglers during the tournament in 2015; and Whereas, National Geographic television filmed a sturgeon angling segment on the Clay Township waters of the North Channel of the St. Clair which aired in 2009 and several times thereafter as part of the “Monster Fish” series. Michigan Out of Doors television has done several sturgeon angling segments over the last several years for the television show. All of these trips have taken place in the Clay Township waters of the North Channel of the St. Clair River; now, therefore, be it Resolved by the Senate, That we encourage and express support for the recognition of Clay Township as the sturgeon angling capital of Michigan; and be it further Resolved, That copies of this resolution be transmitted to Clay Township, St. Clair County, Michigan Department of Natural Resources, organizers of the North Channel Sturgeon Classic, and the Michigan United Conservation Clubs. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Stamas moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Stamas moved that the resolution be referred to the Committee on Outdoor Recreation and Tourism. The motion prevailed. Senators Hansen, Knollenberg, O’Brien and Zorn were named co‑sponsors of the resolution. enator Young offered the following resolution: S Senate Resolution No. 175. A resolution commemorating July 13, 2016, as Metro Detroit Youth Day. Whereas, More than 300 community and youth organizations will sponsor Metro Detroit Youth Day on July 13, 2016, at Belle Isle’s Athletic Field in Detroit. These organizations recognize that leisure and recreation are basic human needs, and the youth must use this time wisely to improve their education, the quality of their lives and life’s disciplines, and be inspired to do the most good; and Whereas, Metro Detroit Youth Day is the largest event in Michigan and the Midwest. It emphasizes the need for physical education and fitness, good sportsmanship, community services, and guidance from mentorships, role models, and college scholarships: and Whereas, It is acknowledged that our youth are a valuable asset to the community and the foundation of our future; and Whereas, Metro Detroit Youth Day brings together the total community and the private sector to enhance relationships and improve community cooperation and harmony; and No. 47] [May 12, 2016] JOURNAL OF THE SENATE 723 Whereas, Metro Detroit Youth Day provides an opportunity for youth to participate in constructive activities outside their immediate home areas, working with thousands of other youngsters and more than 1,600 volunteers; and Whereas, The historic 34th Annual Metro Detroit Youth Day is sponsored by SpartanNash, Inc.; Detroit Free Press; Ford Motor Company; Pepsi Beverages Company; Motor City Casino Hotel; Volkswagen; Garden Fresh Salsa Company; Kroger Co.; Detroit Lions; Detroit Pistons; Detroit Tigers; DTE Energy; Michigan Department of Natural Resources; Detroit Recreation Department; Blue Cross and Blue Shield of Michigan; Wayne County Park Systems; Meijer, Inc.; MASCO Corporation; Aetna Better Health of Michigan; WDIV-TV, WXYZ-TV7, and TV20; CBS; Fox 2 - WJBK TV; MEDC/Pure Michigan; Comerica Bank; WWJ Newsradio 950; Michigan State University; Charles Motors; Greektown Casino; Walmart; Detroit Public Television; St. John Providence Hospitals; Beaumont Hospitals; tellusdetroit.com; Great Lakes Agricultural Fair; Wolverine Packing; Domino’s; Fifth Third Bank; 5/3 Michigan State Fair; American Axle & Manufacturing; and many other sponsors, including food and beverage firms; Eastern Michigan University; Oakland University; University of Michigan; Wayne County Community College District; Wayne State University; Western Michigan University; International Brotherhood of Electrical Workers; Mechanical Contractor - Detroit; Michigan Building Trades Council; Detroit Winsor Tunnel, LLC; and others; and Whereas, Community groups such as the NAACP, Urban League of Detroit and Southeastern Michigan, Salvation Army, Boys and Girls Clubs, Boy Scouts, Girl Scouts, YMCA, Focus: HOPE, United Way for Southeastern Michigan, Detroit Police Cadets, The Skillman Foundation, New Detroit, Inc., Forgotten Harvest, Detroit Public Schools Foundation, Big Brothers Big Sisters, and many others are participating as co‑sponsors; and Whereas, Outstanding and dedicated community leaders such as foundation founder and chairman Ed Deeb; co-chairs Keith Bennett of Goodwill Industries; Sergeant Curtis Perry of Detroit Police Cadets; John Ambrose of Michigan State University; Ron Olson of Department of Natural Resources; Harold Edwards of MichCon (retired); Bruce Ross & Associates; and Barbra Jean Johnson of the Tireman Center are co-chairing this event, along with hundreds of volunteers supervising the more than 34,000 youths expected to attend; now, therefore, be it Resolved by the Senate, That we hereby commemorate July 13, 2016, as Metro Detroit Youth Day in the state of Michigan. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Stamas moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Gregory, Hansen, Hertel, Knezek, Knollenberg, O’Brien, Warren and Zorn were named co‑sponsors of the resolution. enator Meekhof offered the following resolution: S Senate Resolution No. 176. A resolution to commemorate May 12, 2016, as Chaldean American Day. Whereas, 130,000 Chaldeans, the largest population outside of Iraq, reside in the state of Michigan; and Whereas, Since migrating to America during the 1920s, Chaldeans have continued to use their strong work ethic to contribute to the growth of Michigan through the establishment of more than 15,000 Chaldean-owned businesses across the state; and Whereas, The Chaldean population has consistently proven their entrepreneurial spirit with nearly 60 percent of the community owning at least one business and 80 percent of all food stores in the Detroit area alone; and Whereas, The population of Chaldean Americans continues to grow in the state of Michigan, since the Iraqi Chaldean refugees began migrating in search of better economic, political, and religious opportunities; and Whereas, The Chaldean American community works to help the refugees adjust and become contributing citizens to the Great Lakes State through business, philosophy, language, and cuisine; and Whereas, The Chaldean Community Foundation provides social services to more than 8,000 people annually at its Sterling Heights and Southfield offices, by advancing the needs of the Chaldean American community and the communities in which they live and work through education, charitable giving, and advocacy; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate May 12, 2016, as Chaldean American Day in the state of Michigan. We acknowledge the contributions of this innovative and entrepreneurial community as an important part of Michigan’s diverse history; and be it further Resolved, That a copy of this resolution be transmitted to the Chaldean American Chamber of Commerce as evidence of our highest esteem. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Stamas moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Gregory, Hansen, Hertel, Hildenbrand, Jones, Knezek, Knollenberg, MacGregor, Rocca, Warren and Zorn were named co‑sponsors of the resolution. 724 JOURNAL OF THE SENATE [May 12, 2016] [No. 47 Senator Meekhof asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Meekhof’s statement is as follows: I rise today to commemorate May 12, 2016, as Chaldean American Day. One hundred thirty thousand Chaldeans, the largest population outside of Iraq, reside in the state of Michigan. The Chaldean population has consistently proven their entrepreneurial spirit with nearly 60 percent of the community owning at least one business and 80 percent of all food stores in the Detroit area alone. The Chaldean Community Foundation provides social services to more than 8,000 people annually at its Sterling Heights and Southfield offices, by advancing the needs of the Chaldean community and the communities in which they live and work through education, charitable giving, and advocacy. We acknowledge the many contributions of this innovative and entrepreneurial community as an important part of Michigan’s diverse history. Martin Manna is here today to help represent his community. Please welcome him, and I also encourage a “yes” vote on the resolution. Introduction and Referral of Bills Senators Hertel, Hood and Gregory introduced Senate Bill No. 961, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7b (MCL 211.7b), as amended by 2013 PA 161. The bill was read a first and second time by title and referred to the Committee on Finance. Statements Senator Colbeck asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Colbeck’s statement is as follows: In December 2015, the Michigan Department of Education released a statement of its goal to make Michigan a top-10 state in ten years and establish Michigan as a premier education state. As a member of the Senate Education Committee, I share this goal wholeheartedly. Unfortunately, the data shows that we’re not on a trajectory to achieve this worthy goal. According to a 2014 competitive benchmarking report from the Business Leaders for Michigan, Michigan ranks 38th in reading and 37th in eighth-grade math. Our most recent M-STEP results revealed that only 50 percent of our third-graders are proficient in reading, while only 28 percent of our eleventh-graders are proficient in math. What put us on this trajectory? In June 2010, the Michigan State Board of Education adopted Common Core Standards for math and English language arts without any evidence to indicate that these standards would help improve student performance. We are now almost six years into this Common Core experiment, and the aforementioned results speak for themselves. The reasons for these results are many. One of the most glaring is that more time is spent on testing to feed the data lust of central control advocates, and less time is spent on the classroom instruction, actually teaching the kids the subjects that matter most. It is clear to any objective observer that the adoption of Common Core has resulted in a race to the middle, not to the top. The word “common” should have been a dead giveaway. In order to become a top-10 state, wouldn’t it make sense to emulate the top education state rather than roll the dice with our kids on unproven standards? The top-rated state is Massachusetts. Massachusetts students have achieved first place or near first place on National Assessment of Educational Progress tests in reading and math starting in 2005 through 2016. All demographic groups have demonstrated improvement during this timeframe. Massachusetts also participated as a country in the Trends in International Mathematics and Science Study in 2007 and 2011. In both years, they tied for first place with Singapore in Grade 8 science and placed among the top six countries in Grade 8 mathematics. In spite of these successes, even Massachusetts adopted Common Core Standards back in 2010. Since then, Massachusetts has experienced a leveling of performance growth. The latest test results actually show a dip in their prior year performance. Why, then, did states like Massachusetts adopt this race to the middle in the first place? It turns out that the federal government provided financial incentives via programs like Race to the Top to states if they were to adopt Common Core. Massachusetts received $250 million in support of their switch. Michigan received zero dollars for their switch but had obviously hoped for more. No. 47] [May 12, 2016] JOURNAL OF THE SENATE 725 The good news is that the recent passage of the federal Every Student Succeeds Act removes the funding carrots that had enticed states to adopt Common Core. Michigan has an opportunity to take advantage of this new act by passing Senate Bill No. 826, which I introduced as a companion bill to House Bill No. 5444, introduced by Representative Gary Glenn in the House. The passage of Senate Bill No. 826 would repeal Common Core Standards in Michigan and replace them with the proven pre-Common Core Massachusetts standards. By doing so, we would help replace our current focus on testing with that of teaching. Michigan would finally be on a proven trajectory to be a top-10 state in education. Committee Reports The Committee on Judiciary reported Senate Bill No. 723, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 12 to chapter III. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 858, entitled A bill to amend 2012 PA 159, entitled “Revocation of paternity act,” by amending sections 13 and 15 (MCL 722.1443 and 722.1445), section 13 as amended by 2014 PA 374. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 896, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 335 (MCL 750.335), as amended by 2002 PA 672. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 4629, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7523 and 7524 (MCL 333.7523 and 333.7524), section 7523 as amended by 2006 PA 130 and section 7524 as amended by 2011 PA 161. 726 JOURNAL OF THE SENATE [May 12, 2016] [No. 47 ith the recommendation that the substitute (S-1) be adopted and that the bill then pass. W The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, May 10, 2016, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda The Committee on Michigan Competitiveness reported Senate Bill No. 929, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 533, 541, and 543 (MCL 436.1533, 436.1541, and 436.1543), section 533 as amended by 1998 PA 416, section 541 as amended by 2016 PA 84, and section 543 as amended by 2010 PA 213, and by adding section 903b. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Stamas, Robertson, Proos and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Michigan Competitiveness submitted the following: T Meeting held on Wednesday, May 11, 2016, at 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Stamas, Robertson, Proos and Warren The Committee on Regulatory Reform reported Senate Bill No. 885, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 545 (MCL 436.1545), as added by 2010 PA 213. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren and Hertel Nays: None The bill was referred to the Committee of the Whole. The Committee on Regulatory Reform reported Senate Bill No. 901, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 517a (MCL 436.1517a), as added by 2004 PA 170. No. 47] [May 12, 2016] JOURNAL OF THE SENATE 727 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren and Hertel Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Regulatory Reform submitted the following: T Meeting held on Wednesday, May 11, 2016, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Rocca (C), Jones, Knollenberg, Kowall, MacGregor, Hune, Warren and Hertel Excused: Senator Johnson The Committee on Natural Resources reported Senate Bill No. 903, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 61703 and 61706 (MCL 324.61703 and 324.61706), as added by 1995 PA 57. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Pavlov, Robertson, Stamas and Warren Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Natural Resources submitted the following: T Meeting held on Wednesday, May 11, 2016, at 12:30 p.m., Room 210, Farnum Building Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren COMMITTEE ATTENDANCE REPORT he Committee on Outdoor Recreation and Tourism submitted the following: T Meeting held on Wednesday, May 11, 2016, at 12:30 p.m., Room 110, Farnum Building Present: Senators Hansen (C), Zorn, Schmidt and Green Excused: Senator Johnson COMMITTEE ATTENDANCE REPORT he Committee on Families, Seniors and Human Services submitted the following: T Meeting held on Wednesday, May 11, 2016, at 3:00 p.m., Room 210, Farnum Building Present: Senators Emmons (C), Jones and Casperson Excused: Senators Pavlov and Johnson COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, May 12, 2016, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Pavlov and Hopgood Excused: Senators Horn and Marleau 728 JOURNAL OF THE SENATE [May 12, 2016] [No. 47 Scheduled Meetings Economic Development and International Investment - Wednesday, May 18, 9:00 a.m., Room 210, Farnum Building (373-5323) Michigan State Capitol Commission - Monday, May 16, 11:00 a.m., Room H-426, Capitol Building (373-0184) enator Stamas moved that the Senate adjourn. S The motion prevailed, the time being 10:38 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, May 17, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 48 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Tuesday, May 17, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—present Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 730 JOURNAL OF THE SENATE [May 17, 2016] [No. 48 Pastor Tim Brondyke of Fish Lake Bible Church of Sturgis offered the following invocation: Dear heavenly Father, we come to You today with thankful hearts for all of Your blessings, for every good and perfect gift comes from You. We ask that You would bless and lead our great state of Michigan; particularly today, we ask that You would bless and lead those who are in elected leadership. May it be true as the Apostle Paul has said that we do not cease to pray for you and to ask that you might be filled with the knowledge of His will in all wisdom and understanding. We face great challenges as a state that require us to work together for solutions. Help us to go against our nature and do nothing out of selfish ambition or vain conceit, but rather in humility to value others above ourselves. Remind each of us that we have been given places of leadership, and if we would serve well, anyone who wants to be first must be the very last and a servant of all. May we heed the ambition to humble ourselves before the Lord, and let You lift us up. We pray today for wisdom as these decisions are made, as we seek not for positions, but instead for solutions. For wisdom will enter your heart, and knowledge will be pleasant to your soul. Blessed are those who find wisdom and those who gain understanding. Today, we would ask, as You have commanded us to, that if any of us lacks wisdom, we would ask of God, who gives to all men liberally and does not upbraideth. Father, today, we pray for our Senators, our leadership, our Governor and Lieutenant Governor, and those who serve in our House; that You would grant them great wisdom and understanding; that You would continue to bless us as a state; and we give You the praise, for it in Jesus’ name. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Proos, Hertel and Ananich entered the Senate Chamber. enator Kowall moved that Senators Emmons, Green, Schmidt and Shirkey be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that rule 2.106 be suspended to allow committees to meet during Senate session. S The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Johnson admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:07 a.m. 11:33 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senator Johnson introduced the University of Detroit Jesuit High School and Academy Men’s Basket­ ball Team, 2016 MHSAA Class A State Champions, Head Coach Pat Donnelly, and President Karl Kiser; and presented them with a Special Tribute. During the recess, Senators Green, Schmidt, Shirkey, Young and Emmons entered the Senate Chamber. No. 48] [May 17, 2016] JOURNAL OF THE SENATE 731 The following communication was received and read: Office of the Auditor General May 13, 2016 nclosed is a copy of the following audit report: E • Performance audit report on Investment-Related Systems, Bureau of Investments, Department of Treasury and Depart­ ment of Technology, Management, and Budget. Sincerely, Doug Ringler Auditor General The audit report was referred to the Committee on Government Operations. The Secretary announced that the following House bills were received in the Senate and filed on Thursday, May 12: House Bill Nos. 4976 4977 4978 5273 5314 5326 5447 5512 5562 5581 The Secretary announced that the following bills were printed and filed on Thursday, May 12, and are available at the Michigan Legislature website: Senate Bill No. 961 House Bill Nos. 5647 5648 5649 5650 5651 5652 5653 5654 Messages from the Governor The following messages from the Governor were received and read: May 2, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Commission on Services to the Aging Linda K. Strohl of 12871 Baldwin Road, Sawyer, Michigan 48125, county of Berrien, representing Independents, succeeding Renee Reid-Smith, is appointed for a term expiring July 28, 2018. May 2, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Community Corrections Board Cory Chavis of 42538 Ashley Court, Canton, Michigan 48187, county of Wayne, representing the general public, succeed­ ing himself, is reappointed for a term expiring March 31, 2020. William DeBoer of 2744 Red Osier Court, Byron Center, Michigan 49315, county of Kent, representing existing community alternatives programs, succeeding himself, is reappointed for a term expiring March 31, 2020. Matthew R. Heins of 2020 Cascade Drive, Jackson, Michigan 49203, county of Jackson, representing city police depart­ ments, succeeding himself, is reappointed for a term expiring March 31, 2020. Keith W. Turpel of 2834 Fairfield Avenue, Kalamazoo, Michigan 49048, county of Kalamazoo, representing criminal defense attorneys, succeeding Thomas Clement, is appointed for a term expiring March 31, 2020. May 2, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Compensation Appellate Commission David J. DeGraw of 1110 Northwood Drive, N.E., Grand Rapids, Michigan 49505, county of Kent, succeeding Gregory Przybylo, is appointed for a term commencing May 23, 2016, and expiring July 31, 2019. May 2, 2016 I respectfully submit to the Senate the following appointments to office: Underground Storage Tank Authority Board John M. Dimmick of 57276 Sodaman Street, Marcellus, Michigan 49067, county of Cass, representing individuals from independent petroleum marketers, succeeding himself, is reappointed for a term expiring May 25, 2019. Grenetta Thomassey of 894 Bren Del Drive, Petoskey, Michigan 49770, county of Emmet, representing individuals from a statewide environmental organization, succeeding herself, is reappointed for a term expiring May 25, 2019. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. 732 JOURNAL OF THE SENATE [May 17, 2016] [No. 48 The following message from the Governor was received and read: May 2, 2016 Due to an error on the letter dated August 17, 2015, and filed with your office on August 19, 2015, please be advised of the following correction appearing in bold print: Michigan Collection Practices Board Rebecca L. Roberts of 1711 N. Sutton Road, Jackson, Michigan 49202, county of Jackson, representing professionals, succeeding Beth Rowe, is appointed for a term expiring June 30, 2016. Jennifer Willis Dietrich of 2248 Pleasant Valley Drive, Brighton, Michigan 48118, county of Livingston, representing professionals, succeeding herself, is reappointed for a term expiring June 30, 2019. Jeanne M. Roth of 5082 Birch Tree Court, Grand Blanc, Michigan 48439, county of Genesee, representing the general public, succeeding herself, is reappointed for a term expiring June 30, 2019. Sincerely, Rick Snyder Governor The message was referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Knezek as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 883, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding sec­ tions 360 and 360a. Senate Bill No. 914, entitled A bill to amend 1976 PA 390, entitled “Emergency management act,” by amending section 18 (MCL 30.418), as amended by 2013 PA 109. Senate Bill No. 901, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 517a (MCL 436.1517a), as added by 2004 PA 170. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5017, entitled A bill to amend 2003 PA 215, entitled “Credit union act,” by amending the title and sections 102, 103, 202, 214, 304, 305, 342, 345, 353, 355, 357, 401, 408, 409, 423, 431, and 432 (MCL 490.102, 490.103, 490.202, 490.214, 490.304, 490.305, 490.342, 490.345, 490.353, 490.355, 490.357, 490.401, 490.408, 490.409, 490.423, 490.431, and 490.432), sections 102, 214, 304, 342, 345, 357, 401, and 423 as amended by 2004 PA 471. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5018, entitled A bill to amend 2003 PA 215, entitled “Credit union act,” by amending sections 201, 210, 221, 303, 306, and 341 (MCL 490.201, 490.210, 490.221, 490.303, 490.306, and 490.341), sections 201 and 341 as amended by 2004 PA 471. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. No. 48] [May 17, 2016] JOURNAL OF THE SENATE 733 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5019, entitled A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 407 (MCL 490.407), as amended by 2004 PA 471. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5020, entitled A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 207 (MCL 490.207). Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5021, entitled A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 371 (MCL 490.371), as amended by 2004 PA 471. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5022, entitled A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 411 (MCL 490.411). Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4493, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1278 and 1279g (MCL 380.1278 and 380.1279g), section 1278 as amended by 2004 PA 596 and section 1279g as amended by 2008 PA 349, and by adding section 1168. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5294, entitled A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2017 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5251, entitled A bill to amend 1999 PA 276, entitled “Banking code of 1999,” by amending section 4111 (MCL 487.14111), as added by 2014 PA 399. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. 734 JOURNAL OF THE SENATE [May 17, 2016] [No. 48 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 809, entitled A bill to create the office of the Michigan veterans’ facility ombudsman; and to prescribe the powers and duties of the office, the ombudsman, the legislative council, and the department of military and veterans affairs. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5256, entitled A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5263, entitled A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5268, entitled A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5272, entitled A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5274, entitled A bill to make appropriations for the department of health and human services for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5276, entitled A bill to make appropriations for the legislature, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, the department of talent and economic development, and certain state purposes related thereto for the fiscal year ending No. 48] [May 17, 2016] JOURNAL OF THE SENATE 735 September 30, 2017; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5306, entitled A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5329, entitled A bill to make appropriations for the state transportation department for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 858, entitled A bill to amend 2012 PA 159, entitled “Revocation of paternity act,” by amending sections 13 and 15 (MCL 722.1443 and 722.1445), section 13 as amended by 2014 PA 374. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 343, entitled A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 41 and 41a (MCL 38.1341 and 38.1341a), as amended by 2012 PA 300. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 263 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey 736 JOURNAL OF THE SENATE [May 17, 2016] Emmons Hune Green Johnson Gregory Jones Hansen Knezek [No. 48 Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—1 Colbeck Excused—0 Not Voting—0 In The Chair: Schuitmaker enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 344, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 533 (MCL 436.1533), as amended by 1998 PA 416. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 409, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7340c (MCL 333.7340c), as added by 2014 PA 217. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 410, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2014 PA 218. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. No. 48] [May 17, 2016] JOURNAL OF THE SENATE 737 Senate Bill No. 501, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 302a (MCL 257.302a), as amended by 2006 PA 298. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2) and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 264 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was not concurred in, 2/3 of the members serving not voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 606, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7cc (MCL 211.7cc), as amended by 2014 PA 40. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 607, entitled A bill to amend 2005 PA 244, entitled “Deferred presentment service transactions act,” by amending section 2 (MCL 487.2122). The House of Representatives has substituted (H-1) the bill. 738 JOURNAL OF THE SENATE [May 17, 2016] [No. 48 The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 265 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 637, entitled A bill to amend 1965 PA 329, entitled “Michigan seed law,” by amending sections 2, 4, 7, and 9 (MCL 286.702, 286.704, 286.707, and 286.709), sections 2, 4, and 9 as amended by 1996 PA 86 and section 7 as amended by 1988 PA 455. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 659, entitled A bill to amend 2008 PA 525, entitled “Fostering futures scholarship trust fund act,” by amending section 3 (MCL 722.1023), as amended by 2014 PA 530. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. No. 48] [May 17, 2016] JOURNAL OF THE SENATE 739 Senate Bill No. 719, entitled A bill to amend 2005 PA 244, entitled “Deferred presentment service transactions act,” by amending section 35 (MCL 487.2155). The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 738, entitled A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending section 13 (MCL 38.1133), as amended by 2014 PA 545. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. House Bill No. 5176, entitled A bill to amend 2014 PA 86, entitled “An act to create a metropolitan authority; to prescribe the powers, duties, and jurisdictions of the metropolitan authority; to prescribe the powers and duties of certain state officials; to levy, collect, and distribute a tax; and to repeal acts and parts of acts,” by amending sections 14, 17, and 21 (MCL 123.1354, 123.1357, and 123.1361), sections 14 and 17 as amended by 2015 PA 122; and to repeal acts and parts of acts. The House of Representatives has amended the Senate substitute (S-3) as follows: 1. Amend page 5, line 23, after “authority.” by inserting “FUNDS APPROPRIATED UNDER THIS SUBDIVISION FOR FISCAL YEAR 2015-2016 MAY BE USED TO PAY A CORRECTED TAX INCREMENT SMALL TAXPAYER EXEMPTION LOSS FOR 2014 IF A TAX INCREMENT FINANCE AUTHORITY SUBMITS BEFORE JUNE 1, 2016 A CORRECTION TO A REPORT THAT WAS FILED UNDER SECTION 16A BEFORE OCTOBER 1, 2014.”. The House of Representatives has concurred in the Senate substitute (S-3) as amended and agreed to the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the House amendment made to the Senate substitute, The amendment to the substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 266 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 740 JOURNAL OF THE SENATE [May 17, 2016] [No. 48 Not Voting—0 In The Chair: Schuitmaker Recess enator Kowall moved that the Senate recess until 1:15 p.m. S The motion prevailed, the time being 12:23 p.m. The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Sena­ tor Schuitmaker. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Warren admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 1:16 p.m. 1:30 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. Senator Kowall moved that rule 3.202 be suspended to permit immediate consideration of the following bill: Senate Bill No. 784 The motion prevailed, a majority of the members serving voting therefor. Senate Bill No. 784, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 201a (MCL 388.1801 and 388.1801a), as amended by 2015 PA 85. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows: Roll Call No. 267 Yeas—0 Nays—34 Bieda Hildenbrand Kowall Robertson Booher Hood MacGregor Rocca Casperson Hopgood Marleau Schmidt Colbeck Horn Meekhof Schuitmaker Emmons Hune Nofs Shirkey No. 48] [May 17, 2016] JOURNAL OF THE SENATE Green Gregory Hansen Hertel Johnson O’Brien Stamas Jones Pavlov Warren Knezek Proos Zorn Knollenberg 741 Excused—0 Not Voting—3 Ananich Brandenburg Young In The Chair: Schuitmaker enator Hood moved that Senator Ananich be temporarily excused from the balance of today’s session. S The motion prevailed. enator Kowall moved that Senator Brandenburg be temporarily excused from the balance of today’s session. S The motion prevailed. Senators Brandenburg and Ananich entered the Senate Chamber. Senate Bill No. 786, entitled A bill to make appropriations for the department of education for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1). Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows: Roll Call No. 268 Yeas—0 Nays—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Excused—0 742 JOURNAL OF THE SENATE [May 17, 2016] [No. 48 Not Voting—0 In The Chair: Schuitmaker Senate Bill No. 787, entitled A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1). Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows: Roll Call No. 269 Yeas—0 Nays—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Excused—0 Not Voting—0 In The Chair: Schuitmaker Senate Bill No. 790, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 236a (MCL 388.1836 and 388.1836a), as amended by 2015 PA 85. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows: No. 48] Roll Call No. 270 [May 17, 2016] JOURNAL OF THE SENATE 743 Yeas—0 Nays—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Excused—0 Not Voting—0 In The Chair: Schuitmaker Senate Bill No. 792, entitled A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1). Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows: Roll Call No. 271 Yeas—0 Nays—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen 744 JOURNAL OF THE SENATE [May 17, 2016] [No. 48 Excused—0 Not Voting—0 In The Chair: Schuitmaker Senate Bill No. 793, entitled A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1). Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows: Roll Call No. 272 Yeas—0 Nays—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Excused—0 Not Voting—0 In The Chair: Schuitmaker Senate Bill No. 795, entitled A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1). Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows: No. 48] Roll Call No. 273 [May 17, 2016] JOURNAL OF THE SENATE 745 Yeas—0 Nays—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Excused—0 Not Voting—0 In The Chair: Schuitmaker Senate Bill No. 796, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2015 PA 139 and section 17b as amended by 2007 PA 137. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows: Roll Call No. 274 Yeas—0 Nays—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Excused—0 746 JOURNAL OF THE SENATE [May 17, 2016] [No. 48 Not Voting—0 In The Chair: Schuitmaker Senate Bill No. 801, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 4, 6, 11, 11a, 11j, 11k, 11m, 15, 18, 19, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25e, 25f, 25g, 26a, 26b, 26c, 31a, 31d, 31f, 31h, 32d, 32p, 35, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 55, 56, 61a, 61b, 62, 64b, 65, 67, 74, 81, 94, 94a, 95a, 98, 99c, 99h, 99s, 101, 102d, 104, 104b, 104c, 104d, 107, 147, 147a, 147c, 152a, 166b, 201, 201a, 202a, 203, 206, 207, 207a, 207b, 207c, 209, 210b, 212, 217, 219, 220, 222, 224, 225, 226, 229a, 230, 236, 236a, 236b, 236c, 237b, 238, 241, 246, 251, 252, 254, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 274c, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 289, and 290 (MCL 388.1603, 388.1604, 388.1606, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1619, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622g, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625e, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1631h, 388.1632d, 388.1632p, 388.1635, 388.1635a, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1655, 388.1656, 388.1661a, 388.1661b, 388.1662, 388.1664b, 388.1665, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699c, 388.1699h, 388.1699s, 388.1701, 388.1702d, 388.1704, 388.1704b, 388.1704c, 388.1704d, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1766b, 388.1801, 388.1801a, 388.1802a, 388.1803, 388.1806, 388.1807, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810b, 388.1812, 388.1817, 388.1819, 388.1820, 388.1822, 388.1824, 388.1825, 388.1826, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1837b, 388.1838, 388.1841, 388.1846, 388.1851, 388.1852, 388.1854, 388.1856, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1874c, 388.1875, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, 388.1889, and 388.1890), sections 3, 203, 207, 212, 219, 220, 238, 251, and 254 as amended and section 237b as added by 2012 PA 201, sections 4, 6, 98, 107, 230, and 256 as amended by 2016 PA 56, sections 11, 21f, 31a, and 32d as amended by 2015 PA 139, sections 11a, 11j, 11k, 11m, 15, 20, 20d, 20f, 20g, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31d, 31f, 32p, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b, 74, 81, 94, 94a, 95a, 99h, 101, 104, 104b, 104c, 147, 147a, 147c, 152a, 201, 201a, 206, 207a, 207b, 207c, 209, 210b, 217, 222, 225, 226, 229a, 236, 236a, 236b, 236c, 241, 246, 252, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 25g, 31h, 35, 35a, 55, 61b, 65, 67, 99c, 99s, 102d, 104d, and 274c as added by 2015 PA 85, section 18 as amended by 2015 PA 114, sections 19, 202a, 224, and 275 as amended by 2014 PA 196, section 166b as amended by 2015 PA 222, and sections 289 and 290 as amended by 2013 PA 60, and by adding sections 11s, 21, 31j, 32q, 54b, 59, 61c, 61d, 61e, 63, 99t, 152b, 210e, and 286a; and to repeal acts and parts of acts. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the inter­ mediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 11, 17b, 201, 201a, 236, and 236a (MCL 388.1611, 388.1617b, 388.1801, 388.1801a, 388.1836, and 388.1836a), section 11 as amended by 2015 PA 139, section 17b as amended by 2007 PA 137, and sections 201, 201a, 236, and 236a as amended by 2015 PA 85. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was not concurred in, a majority of the members serving not voting therefor, as follows: Roll Call No. 275 Yeas—0 Nays—37 Ananich Bieda Hertel Knollenberg Robertson Hildenbrand Kowall Rocca No. 48] [May 17, 2016] JOURNAL OF THE SENATE 747 Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Excused—0 Not Voting—0 In The Chair: Schuitmaker By unanimous consent the Senate proceeded to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage: House Bill No. 5294 House Bill No. 5256 House Bill No. 5263 House Bill No. 5268 House Bill No. 5272 House Bill No. 5274 House Bill No. 5276 House Bill No. 5306 House Bill No. 5329 The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 5294 House Bill No. 5256 House Bill No. 5263 House Bill No. 5268 House Bill No. 5272 House Bill No. 5274 House Bill No. 5276 House Bill No. 5306 House Bill No. 5329 Senate Bill No. 671 Senate Bill No. 690 Senate Bill No. 691 Senate Bill No. 692 Senate Bill No. 693 Senate Bill No. 694 House Bill No. 4344 The motion prevailed. The following bill was read a third time: House Bill No. 5294, entitled A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2017 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 748 JOURNAL OF THE SENATE [May 17, 2016] Roll Call No. 276 [No. 48 Yeas—24 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Jones Nofs Schuitmaker Colbeck Knollenberg O’Brien Shirkey Green Kowall Pavlov Stamas Hansen MacGregor Proos Zorn Nays—13 Ananich Hertel Hune Rocca Bieda Hood Johnson Warren Emmons Hopgood Knezek Young Gregory Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5256, entitled A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 277 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood No. 48] [May 17, 2016] JOURNAL OF THE SENATE 749 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5263, entitled A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 278 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5268, entitled A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 750 JOURNAL OF THE SENATE [May 17, 2016] Roll Call No. 279 [No. 48 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5272, entitled A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 280 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood No. 48] [May 17, 2016] JOURNAL OF THE SENATE 751 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5274, entitled A bill to make appropriations for the department of health and human services for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 281 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5276, entitled A bill to make appropriations for the legislature, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, the department of talent and economic development, and certain state purposes related thereto for the fiscal year ending September 30, 2017; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 752 JOURNAL OF THE SENATE [May 17, 2016] Roll Call No. 282 [No. 48 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5306, entitled A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 283 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood No. 48] [May 17, 2016] JOURNAL OF THE SENATE 753 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5329, entitled A bill to make appropriations for the state transportation department for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 284 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 671, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 303 and 543 (MCL 436.1303 and 436.1543), section 543 as amended by 2010 PA 213. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 754 JOURNAL OF THE SENATE [May 17, 2016] Roll Call No. 285 [No. 48 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 690, entitled A bill to amend 1991 PA 179, entitled “Michigan telecommunications act,” by amending subheading E of article 3 and section 315 (MCL 484.2315), as amended by 2011 PA 58. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 286 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 No. 48] [May 17, 2016] JOURNAL OF THE SENATE 755 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 691, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17601 (MCL 333.17601), as added by 2008 PA 524. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 287 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 692, entitled A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 939 (MCL 330.1939), as amended by 1990 PA 263. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 288 Ananich Bieda Yeas—37 Hertel Knollenberg Robertson Hildenbrand Kowall Rocca 756 JOURNAL OF THE SENATE [May 17, 2016] [No. 48 Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 693, entitled A bill to amend 1937 PA 72, entitled “Division on deafness act,” by amending the title and section 1 (MCL 408.201), as amended by 1988 PA 434. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 289 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. No. 48] [May 17, 2016] JOURNAL OF THE SENATE 757 The following bill was read a third time: Senate Bill No. 694, entitled A bill to amend 1937 PA 72, entitled “Division on deafness act,” by amending section 2 (MCL 408.202), as amended by 1988 PA 434. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 290 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4344, entitled A bill to amend 1974 PA 300, entitled “Motor vehicle service and repair act,” by amending sections 2, 2a, 3, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 30, 32, 33, 34a, 36, and 39 (MCL 257.1302, 257.1302a, 257.1303, 257.1307, 257.1309, 257.1310, 257.1311, 257.1312, 257.1313, 257.1314, 257.1315, 257.1316, 257.1317, 257.1318, 257.1319, 257.1320, 257.1321, 257.1322, 257.1330, 257.1332, 257.1333, 257.1334a, 257.1336, and 257.1339), sections 2 and 10 as amended by 2016 PA 33, section 2a as added and sections 18, 22, and 30 as amended by 1988 PA 254, and section 17 as amended by 2002 PA 464, and by adding sections 7a, 7b, 7c, 7d, 7e, 7f, 7g, 10b, 13a, 13b, and 32a. The question being on the passage of the bill, Senator Schmidt offered the following amendments: 1. Amend page 42, line 21, after “LEAST” by striking out “1 YEAR” and inserting “3 YEARS”. 2. Amend page 43, line 10, after “FOR” by striking out “1 YEAR” and inserting “3 YEARS”. 3. Amend page 43, line 13, after “BEYOND” by striking out “1 YEAR” and inserting “3 YEARS”. The amendments were adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 291 Ananich Bieda Yeas—33 Hood Hopgood Kowall Robertson MacGregor Rocca 758 JOURNAL OF THE SENATE [May 17, 2016] [No. 48 Booher Horn Marleau Schmidt Brandenburg Hune Meekhof Schuitmaker Casperson Johnson Nofs Stamas Gregory Jones O’Brien Warren Hansen Knezek Pavlov Young Hertel Knollenberg Proos Zorn Hildenbrand Nays—4 Colbeck Emmons Green Shirkey Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to regulate the practice of servicing and repairing motor vehicles; to proscribe unfair and deceptive practices; to provide for training and certification of mechanics; to provide for the registration of motor vehicle repair facilities; to provide for enforcement; and to prescribe penalties,”. The Senate agreed to the full title. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator Stamas introduced Senate Bill No. 962, entitled A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 5, 44, 45, and 45a (MCL 24.205, 24.244, 24.245, and 24.245a), section 5 as amended by 2006 PA 460, section 44 as amended by 2004 PA 23, section 45 as amended by 2013 PA 200, and section 45a as amended by 2011 PA 245, and by adding section 45c. The bill was read a first and second time by title and referred to the Committee on Oversight. House Bill No. 4976, entitled A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending section 3 (MCL 722.953), as amended by 2014 PA 524, and by adding section 8b. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. House Bill No. 4977, entitled A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” (MCL 722.951 to 722.960) by adding section 8c. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. No. 48] [May 17, 2016] JOURNAL OF THE SENATE 759 House Bill No. 4978, entitled A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” (MCL 722.951 to 722.960) by adding section 8d. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. House Bill No. 5273, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34 (MCL 791.234), as amended by 2010 PA 353. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5314, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 9155 and 9156 (MCL 333.9155 and 333.9156), section 9155 as added by 2012 PA 342 and section 9156 as added by 2012 PA 343. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Health Policy. House Bill No. 5326, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7333a, 7422, 17708, and 17757 (MCL 333.7333a, 333.7422, 333.17708, and 333.17757), section 7333a as amended by 2012 PA 44, section 7422 as added by 2014 PA 313, section 17708 as amended by 2016 PA 49, and section 17757 as amended by 2014 PA 525, and by adding section 17744e. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Health Policy. House Bill No. 5447, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 811e and 811h (MCL 257.811e and 257.811h), as amended by 2015 PA 78. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 5512, entitled A bill to amend 2012 PA 615, entitled “Michigan energy assistance act,” by amending section 6 (MCL 400.1236). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 5562, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 117a (MCL 400.117a), as amended by 2015 PA 81. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 5581, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 21506a (MCL 324.21506a), as amended by 2014 PA 416. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. 760 JOURNAL OF THE SENATE [May 17, 2016] [No. 48 Statements Senators Hood and Emmons asked and were granted unanimous consent to make statements and moved that the state­ ments be printed in the Journal. The motion prevailed. Senator Hood’s statement is as follows: Colleagues, our state has spent millions of taxpayer dollars signing over government services to private contractors. Those contractors have, by and large, caused harm that far outweighs the cost savings that might have been realized. This is especially true in our prison system. To save money, the state got rid of 370 state correctional workers and hired the company called Aramark. As soon as they did, the problems started—meal shortages, maggots, expired food, drug smuggling, assault, and inappropriate sexual contact between prisoners and employees. Aramark’s problems gave us the opportunity to go back to hiring and retaining state workers, but instead the state hired a new contractor—Trinity. Today, the problems that existed under Aramark are still happening. Just last week, a Trinity employee was fired after he was allegedly carrying heroin into a correctional facility. That’s not success in my world. That’s not saving money. That’s business the wrong way. Nelson Mandela said, “A nation should not be judged by how it treats its highest citizens, but how it treats its lowest ones.” We can’t keep cutting corners when it comes to the lives of our citizens, even those who are incarcerated. We’ve already seen what cutting corners to save money can result in—harm to our constituents. Colleagues, it is clear that privatization experiments have been a failure, and as soon as we recognize that, we will be better off. enator Emmons’ statement is as follows: S I would like to acknowledge the passing of one of our agricultural leaders in the state. It is with sadness today that I acknowledge that former dairy industry leader and former Michigan Milk Producers Association president, Elwood Kirkpatrick of Kinde, passed away on May 16 at the age of 79. He served the dairy industry for over 28 years in various positions, including 26 years as president of the Michigan Milk Producers Association. Throughout his presidency, he served the cooperative and dairy industries on both state and national levels through his involvement in a number of organizations. Kirkpatrick was elected to serve on the MMPA board of directors in 1979, where his aptitude in finance quickly earned him the respect of fellow board members who elected him president in 1981. He continued to serve in that position until his retirement from the board in 2007. An example of his leadership character emerged in the late 1980s when he helped to lead the charge to unify the promo­ tion and marketing efforts of the U.S. dairy industry, bringing together the activities of the United Dairy Industry Associa­tion and the National Dairy Board throughout the formation of Dairy Management, Inc. This created greater efficiencies in the national dairy promotion program. Elwood Kirkpatrick accomplished many notable successes, but one of his most influential roles was serving as the first chairman of the U.S. Dairy Export Council. He worked tirelessly to establish and grow the export dairy sector, when at a time of its beginning, dairy exports represented less than 3 percent of annual U.S. milk production. Today, exports of U.S. dairy products exceed over 15 percent of U.S. milk production. Elwood was an accomplished dairy farmer. He has been recognized with the Michigan State University’s Dairy Farmer of the Year award in 1986 and Distinguished Service to Agriculture award in 1987. I would ask that you join me in extending our condolences to the Kirkpatrick family. We are very grateful for Elwood Kirkpatrick’s leadership. A moment of silence was observed in memory of Elwood Kirkpatrick, former Michigan Milk Producers Association president. Committee Reports COMMITTEE ATTENDANCE REPORT he Committee on Veterans, Military Affairs and Homeland Security submitted the following: T Meeting held on Thursday, May 12, 2016, at 11:00 a.m., Room 110, Farnum Building Present: Senators O’Brien (C), Emmons, Zorn, Colbeck and Knezek No. 48] [May 17, 2016] JOURNAL OF THE SENATE 761 Scheduled Meetings Agriculture - Thursday, May 19, 8:30 a.m., Room 110, Farnum Building (373-5323) Appropriations - Wednesday, May 18, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-1801) Economic Development and International Investment - Wednesday, May 18, 9:00 a.m. (CANCELED) and Thursday, May 19, 1:00 p.m., Room 210, Farnum Building (373-5323) Families, Seniors and Human Services - Wednesday, May 18, 3:00 p.m., Room 210, Farnum Building (373-5323) Michigan Competitiveness - Wednesday, May 18, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5314) Natural Resources - Wednesday, May 18, 12:30 p.m., Room 210, Farnum Building (373-1721) Oversight - Thursday, May 19, 8:30 a.m., Room 100, Farnum Building (373-5314) Regulatory Reform - Wednesday, May 18, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323) Transportation - Thursday, May 19, 8:30 a.m., Room 210, Farnum Building (373-5312) Veterans, Military Affairs and Homeland Security - Wednesday, May 18, 8:30 a.m., Room 110, Farnum Building (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 2:27 p.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Wednesday, May 18, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 762 No. 49 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Wednesday, May 18, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—present Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 764 JOURNAL OF THE SENATE [May 18, 2016] [No. 49 Pastor Joshua Kennedy of Central Church of the Nazarene of Flint offered the following invocation: Our Father, as we begin today and look around this room, look around our cities, our state, and our world, may we see You. No matter how different we seem or appear to be, let us remember first that we are all made in Your image. We are all Your sons and daughters. May we remember that You are love, so we are made in the image of love. May that be our unifying language. We are told that love is patient, and love is kind. It is not self-seeking. It keeps no record of wrongs. Love always trusts, always hopes, and always perseveres. Love never fails. Give us strength and courage to live in such a way. Guide these conversations today, Lord. Be with these leaders and proceedings. Go before us. Move among us, pulling us ever near to You. Our prayer is that it be on earth—in Michigan, in Lansing—as it is in heaven. May that not be something we merely utter, but may we claim our role as cultivating heaven on earth. May we do Your work. Help us to trust, to hope, and to persevere. May we act justly, love mercy, and walk humbly with You our God. Lord, hear our prayer. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Meekhof, Green, Casperson and Johnson entered the Senate Chamber. enator Kowall moved that Senator Knollenberg be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that rule 3.902 be suspended to allow his guest admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Senator Knollenberg entered the Senate Chamber. The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, May 17: House Bill Nos. 4588 4850 5146 5181 5542 5543 5544 The Secretary announced that the following bills and joint resolution were printed and filed on Tuesday, May 17, and are available at the Michigan Legislature website: Senate Bill No. 962 House Bill Nos. 5655 5656 5657 5658 5659 5660 5661 5662 5663 5664 5665 5666 House Joint Resolution LL Messages from the House Senator Young entered the Senate Chamber. Senate Bill No. 363, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 32505 (MCL 324.32505), as added by 1995 PA 59. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: No. 49] Roll Call No. 292 [May 18, 2016] JOURNAL OF THE SENATE 765 Yeas—25 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Knollenberg O’Brien Shirkey Emmons Kowall Pavlov Stamas Green MacGregor Proos Zorn Hansen Nays—12 Ananich Bieda Gregory Hertel Hood Hopgood Johnson Rocca Jones Warren Knezek Young Excused—0 Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 458, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 51 of chapter X (MCL 710.51), as amended by 1996 PA 409. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 818, entitled A bill to amend 1943 PA 148, entitled “Proprietary schools act,” by amending section 1a (MCL 395.101a), as amended by 2009 PA 212. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Booher as Chairperson. 766 JOURNAL OF THE SENATE [May 18, 2016] [No. 49 After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4984, entitled A bill to amend 2003 PA 260, entitled “Tax reverted clean title act,” by amending section 5 (MCL 211.1025), as amended by 2012 PA 222. House Bill No. 4634, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2015 PA 174. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 929, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 533, 541, and 543 (MCL 436.1533, 436.1541, and 436.1543), section 533 as amended by 1998 PA 416, section 541 as amended by 2016 PA 84, and section 543 as amended by 2010 PA 213, and by adding section 903b. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage: Senate Bill No. 929 The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 929 House Bill No. 5182 House Bill No. 5183 House Bill No. 5184 House Bill No. 5185 House Bill No. 5186 House Bill No. 5187 House Bill No. 5188 House Bill No. 5017 House Bill No. 5018 House Bill No. 5019 House Bill No. 5020 House Bill No. 5021 House Bill No. 5022 House Bill No. 4493 House Bill No. 5251 Senate Bill No. 883 Senate Bill No. 914 Senate Bill No. 809 Senate Bill No. 858 Senate Bill No. 901 The motion prevailed. The following bill was read a third time: Senate Bill No. 929, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 525, 533, 541, and 543 (MCL 436.1525, 436.1533, 436.1541, and 436.1543), section 525 as amended by 2014 PA 353, section 533 as No. 49] [May 18, 2016] JOURNAL OF THE SENATE 767 amended by 1998 PA 416, section 541 as amended by 2016 PA 84, and section 543 as amended by 2010 PA 213, and by adding section 903b. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 293 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5182, entitled A bill to amend 1893 PA 116, entitled “An act to provide for the maintenance, management and control, of the Michigan school for the deaf, and to repeal all laws inconsistent herewith,” by amending section 1 (MCL 393.51). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 294 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 768 JOURNAL OF THE SENATE [May 18, 2016] [No. 49 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5183, entitled A bill to amend 1937 PA 72, entitled “Division on deafness act,” by amending section 3 (MCL 408.203), as amended by 1988 PA 434. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 295 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to establish the division on deafness and the advisory council on deafness within the department of labor; to prescribe the powers and duties of the department, the division, the council, and certain state officers; to establish a fund and provide for expenditures from that fund; and to provide for an appropriation,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5184, entitled A bill to amend 1937 PA 72, entitled “Division on deafness act,” by amending section 5 (MCL 408.205), as amended by 1988 PA 434. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 49] Roll Call No. 296 [May 18, 2016] JOURNAL OF THE SENATE 769 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to establish the division on deafness and the advisory council on deafness within the department of labor; to prescribe the powers and duties of the department, the division, the council, and certain state officers; to establish a fund and provide for expenditures from that fund; and to provide for an appropriation,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5185, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 221 (MCL 750.221). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 297 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 770 JOURNAL OF THE SENATE [May 18, 2016] [No. 49 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5186, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1534 (MCL 380.1534). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 298 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of No. 49] [May 18, 2016] JOURNAL OF THE SENATE 771 schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5187, entitled A bill to amend 1899 PA 44, entitled “An act to provide for the publication and distribution of publications, laws, and documents, reports of the several officers, boards of officers and public institutions of this state now or hereafter to be published; to provide for the replacing of publications lost by fire or otherwise; to provide for the publication and distribution of the Michigan manual; to provide for duties of certain state and local government departments and agencies; to establish certain funds; and to provide for certain penalties and remedies,” by amending section 34 (MCL 24.34). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 299 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5188, entitled A bill to amend 1937 PA 72, entitled “Division on deafness act,” by amending section 4 (MCL 408.204), as amended by 1988 PA 434. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 772 Roll Call No. 300 JOURNAL OF THE SENATE [May 18, 2016] [No. 49 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to establish the division on deafness and the advisory council on deafness within the department of labor; to prescribe the powers and duties of the department, the division, the council, and certain state officers; to establish a fund and provide for expenditures from that fund; and to provide for an appropriation,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5017, entitled A bill to amend 2003 PA 215, entitled “Credit union act,” by amending the title and sections 102, 103, 202, 214, 304, 305, 342, 345, 353, 355, 357, 401, 408, 409, 423, 431, and 432 (MCL 490.102, 490.103, 490.202, 490.214, 490.304, 490.305, 490.342, 490.345, 490.353, 490.355, 490.357, 490.401, 490.408, 490.409, 490.423, 490.431, and 490.432), sections 102, 214, 304, 342, 345, 357, 401, and 423 as amended by 2004 PA 471. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 301 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen No. 49] [May 18, 2016] JOURNAL OF THE SENATE 773 Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the organization, operation, regulation, and supervision of credit unions; to prescribe the powers and duties of credit unions; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties, civil sanctions, and remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5018, entitled A bill to amend 2003 PA 215, entitled “Credit union act,” by amending sections 201, 210, 221, 303, 306, and 341 (MCL 490.201, 490.210, 490.221, 490.303, 490.306, and 490.341), sections 201 and 341 as amended by 2004 PA 471. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 302 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the organization, operation, regulation, and supervision of credit unions; to prescribe the powers and duties of credit unions; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties, civil sanctions, and remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. 774 JOURNAL OF THE SENATE [May 18, 2016] [No. 49 The following bill was read a third time: House Bill No. 5019, entitled A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 407 (MCL 490.407), as amended by 2004 PA 471. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 303 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the organization, operation, regulation, and supervision of credit unions; to prescribe the powers and duties of credit unions; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties, civil sanctions, and remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5020, entitled A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 207 (MCL 490.207). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 304 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas No. 49] [May 18, 2016] JOURNAL OF THE SENATE 775 Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the organization, operation, regulation, and supervision of credit unions; to prescribe the powers and duties of credit unions; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties, civil sanctions, and remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5021, entitled A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 371 (MCL 490.371), as amended by 2004 PA 471. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 305 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 In The Chair: President Not Voting—0 776 JOURNAL OF THE SENATE [May 18, 2016] [No. 49 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the organization, operation, regulation, and supervision of credit unions; to prescribe the powers and duties of credit unions; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties, civil sanctions, and remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5022, entitled A bill to amend 2003 PA 215, entitled “Credit union act,” by amending section 411 (MCL 490.411). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 306 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the organization, operation, regulation, and supervision of credit unions; to prescribe the powers and duties of credit unions; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties, civil sanctions, and remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4493, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 1249, 1278, and 1279g (MCL 380.1249, 380.1278, and 380.1279g), section 1249 as amended by 2015 PA 173, section 1278 as amended by 2004 PA 596, and section 1279g as amended by 2008 PA 349, and by adding section 1168. The question being on the passage of the bill, Senator Bieda offered the following amendments: 1. Amend page 1, line 5, after “GENOCIDE” by striking out the balance of the line through “GENOCIDE.” on line 1 of page 2 and inserting a period. No. 49] [May 18, 2016] JOURNAL OF THE SENATE 777 2. Amend page 2, line 3, after “12.” by inserting “THIS INSTRUCTION SHALL INCLUDE INSTRUCTION ABOUT AT LEAST ALL OF THE FOLLOWING: (A) TWENTIETH CENTURY GENOCIDE, USING VARIOUS SOURCES INCLUDING WORKS OF JOURNALISTS, JOURNALS, ORAL HISTORIES, FILMS, INTERVIEWS, AND WRITINGS OF PARTICIPANTS TO ANALYZE THE CAUSES AND CONSEQUENCES OF THE GENOCIDES OF ARMENIANS, ROMAS (GYPSIES), AND JEWS, AND THE MASS EXTERMINATIONS OF UKRAINIANS AND CHINESE. (B) EXPLANATION OF THE NAZI IDEOLOGY, POLICIES, AND CONSEQUENCES OF THE HOLOCAUST (OR SHOAH). (C) CAUSES OF AND RESPONSES TO ETHNIC CLEANSING/GENOCIDE/MASS EXTERMINATION, SUCH AS THOSE OCCURRING IN DARFUR, RWANDA, CAMBODIA, AND BOSNIA. (D) LOCAL AND GLOBAL ATTEMPTS AT PEACEKEEPING, SECURITY, DEMOCRATIZATION, AND ADMINISTERING INTERNATIONAL JUSTICE AND HUMAN RIGHTS. (E) THE NEAR-ELIMINATION OF AMERICAN INDIAN CIVILIZATIONS AND PEOPLES.”. The amendments were not adopted, a majority of the members serving not voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 307 Yeas—34 Ananich Hildenbrand Kowall Robertson Bieda Hood MacGregor Rocca Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hertel Knollenberg Nays—3 Booher Hansen Schmidt Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. 778 JOURNAL OF THE SENATE [May 18, 2016] [No. 49 Senator Bieda asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Bieda’s statement is as follows: I’m offering this as a friendly amendment. This is, obviously, a very emotional issue, and it is an issue that a lot of people have some strong opinions on. The amendment is offered in a manner that helps increase the full understanding of the past so that we can create a better future. That means learning from tragic mistakes in our nation’s and other nations’ histories. My amendment would bolster the curriculum requirements of this bill, adding the study of additional contemporary geno­ cides. We need only to look at our current Michigan high school social studies curriculum expectations to find guidance. The amendment that I present today comes from that Michigan high school social studies curriculum expectations. It includes the study of genocides and ethnic cleansing of Armenians, Romas, Jews, Ukrainians, Chinese, Darfur, Bosnia, Rwanda, Cambodia, and Native Americans. That’s not enough. We can’t just study the events as they happened. We need to teach our children about human rights, peacekeeping efforts, and how we’ve tried to improve security and democratization around the globe. Those contextual com­ ponents are vital to a well-rounded education. I encourage all of you to support this amendment. The following bill was read a third time: House Bill No. 5251, entitled A bill to amend 1999 PA 276, entitled “Banking code of 1999,” by amending section 4111 (MCL 487.14111), as added by 2014 PA 399. The question being on the passage of the bill, The bill was passed, 2/3 of the members serving voting therefor, as follows: Roll Call No. 308 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise and codify the laws relating to banks, out-of-state banks, and foreign banks; to provide for their regulation and supervision; to prescribe the powers and duties of banks; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. No. 49] [May 18, 2016] JOURNAL OF THE SENATE 779 The following bill was read a third time: Senate Bill No. 883, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding sec­ tions 360 and 360a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 309 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 914, entitled A bill to amend 1976 PA 390, entitled “Emergency management act,” by amending section 18 (MCL 30.418), as amended by 2013 PA 109. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 310 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Emmons Hune Nofs Stamas Green Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn 780 JOURNAL OF THE SENATE [May 18, 2016] [No. 49 Nays—1 Colbeck Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The Assistant President pro tempore, Senator O’Brien, assumed the Chair. The following bill was read a third time: Senate Bill No. 809, entitled A bill to create the office of the Michigan veterans’ facility ombudsman; and to prescribe the powers and duties of the office, the ombudsman, the legislative council, and the department of military and veterans affairs. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 311 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien he Senate agreed to the title of the bill. T Senators Ananich, Bieda, Booher, Brandenburg, Casperson, Colbeck, Hertel, Hood, Hopgood, Horn, Hune, Jones, Knollenberg, Kowall, Marleau, Meekhof, Pavlov, Rocca, Schmidt, Schuitmaker, Shirkey, Stamas and Warren were named co‑sponsors of the bill. No. 49] [May 18, 2016] JOURNAL OF THE SENATE 781 The following bill was read a third time: Senate Bill No. 858, entitled A bill to amend 2012 PA 159, entitled “Revocation of paternity act,” by amending sections 13 and 15 (MCL 722.1443 and 722.1445), section 13 as amended by 2014 PA 374. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 312 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 901, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 517a (MCL 436.1517a), as added by 2004 PA 170. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 313 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen 782 JOURNAL OF THE SENATE [May 18, 2016] [No. 49 Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. enator Young offered the following resolution: S Senate Resolution No. 177. A resolution recognizing Alpha Kappa Alpha Day at the Capitol on May 25, 2016. Whereas, Alpha Kappa Alpha Sorority, Incorporated, has the distinction of being the first sorority established by African-American college women, was founded in 1908 at Howard University in Washington, D.C., and has expanded inter­ nationally to 993 chapters; and Whereas, Michigan hosts 31 of these chapters, which are located on college and university campuses and have active alumnae groups in communities throughout the state; and Whereas, Alpha Kappa Alpha Sorority is committed to community service and actively contributes to the educational, civic, and social life of Michigan’s citizens; and Whereas, Alumnae chapters encourage their members to become involved in their communities as volunteers in one of their primary service components that include education, health, economy, the arts, and family; and Whereas, This great sisterhood has established a nationally-recognized program through its Alpha Kappa Alpha Day at the Capitol; now, therefore, be it Resolved by the Senate, That the members of this legislative body recognize Alpha Kappa Alpha Day at the Capitol on May 25, 2016; and be it further Resolved, That a copy of this resolution be transmitted to Toni Kendrick, Great Lakes Regional Director of Alpha Kappa Alpha Sorority, Incorporated, as evidence of our esteem. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Ananich, Bieda, Booher, Hansen, Hood, Knezek, Proos and Zorn were named co‑sponsors of the resolution. enator Schmidt offered the following resolution: S Senate Resolution No. 178. A resolution to proclaim May 15-21, 2016, as AMBER Alert Awareness Week. Whereas, Michigan’s AMBER Alert was launched in 2001, through a public-private partnership between the Michigan Association of Broadcasters, Michigan State Police, Michigan Chiefs of Police, Michigan Sheriffs’ Association, and Michigan Department of Transportation (MDOT), to locate and recover abducted, endangered children within the state; and Whereas, The Michigan AMBER Alert program was the first in the nation to develop a statewide AMBER Alert system utilizing the eyes and ears of millions of people listening to radio, watching television, or viewing MDOT’s electronic message boards to successfully recover 351 abducted, endangered children since its inception; and No. 49] [May 18, 2016] JOURNAL OF THE SENATE 783 Whereas, The Michigan State Police and local law enforcement agencies have teamed with Michigan’s broadcasters and other state and local organizations to form an intricate network. It is one of the best and most comprehensive in the nation and employs the latest alerting technology to provide immediate information to the public during an active AMBER Alert; and Whereas, The Legislature, on behalf of the citizens of the state of Michigan, recognize the important contributions made by the partners and the support of the Michigan AMBER Alert Foundation, which has the purpose of helping to fund AMBER Alert in Michigan through the generosity of corporate donors and grants without state funding; now, therefore, be it Resolved by the Senate, That the members of this legislative body proclaim the week of May 15-21, 2016, as AMBER Alert Awareness Week; and be it further Resolved, That copies of this resolution be transmitted to the Michigan Association of Broadcasters, the Michigan Depart­ ment of State Police, the Michigan Chiefs of Police, the Michigan Sheriffs’ Association, and the Michigan Department of Transportation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Ananich, Bieda, Booher, Brandenburg, Hansen, Hildenbrand, Hood, Knezek, Knollenberg, Kowall, Proos, Robertson and Zorn were named co‑sponsors of the resolution. Introduction and Referral of Bills Senators Horn, Schuitmaker, MacGregor, Zorn, Knollenberg and Schmidt introduced Senate Bill No. 963, entitled A bill to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations in the skilled trades and to regulate persons and activities relative to those occupations; to create a board for each of those occupations; to establish the powers and duties of certain state and local governmental officers and entities, including the boards created under this act; to provide for the promulgation of rules; to provide for fees; to provide for penalties and civil fines; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Schmidt, Schuitmaker, Horn, MacGregor, Zorn and Knollenberg introduced Senate Bill No. 964, entitled A bill to amend 1917 PA 167, entitled “Housing law of Michigan,” by amending section 141c (MCL 125.541c), as added by 1992 PA 144. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Schmidt, Schuitmaker, Horn, MacGregor, Zorn and Knollenberg introduced Senate Bill No. 965, entitled A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending sections 2a, 8b, 9, 10, and 28 (MCL 125.1502a, 125.1508b, 125.1509, 125.1510, and 125.1528), sections 2a and 10 as amended by 2013 PA 125, section 8b as amended by 2006 PA 192, section 9 as added by 2012 PA 103, and section 28 as amended by 2014 PA 9. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Horn, Schuitmaker, MacGregor, Zorn, Knollenberg and Schmidt introduced Senate Bill No. 966, entitled A bill to amend 1987 PA 96, entitled “The mobile home commission act,” by amending section 25 (MCL 125.2325). The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Knollenberg, Schuitmaker, Horn, MacGregor, Zorn and Schmidt introduced Senate Bill No. 967, entitled A bill to amend 1986 PA 135, entitled “Asbestos abatement contractors licensing act,” by amending section 207 (MCL 338.3207), as amended by 1998 PA 132. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. 784 JOURNAL OF THE SENATE [May 18, 2016] [No. 49 Senators Zorn, Schuitmaker, Horn, MacGregor, Knollenberg and Schmidt introduced Senate Bill No. 968, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 601, 2402, and 2403 (MCL 339.601, 339.2402, and 339.2403), section 601 as amended by 2008 PA 319, section 2402 as amended by 2007 PA 157, and section 2403 as amended by 1984 PA 191. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators MacGregor, Schuitmaker, Zorn, Knollenberg, Horn and Schmidt introduced Senate Bill No. 969, entitled A bill to amend 1937 PA 306, entitled “An act to promote the safety, welfare, and educational interests of the people of the state of Michigan by regulating the construction, reconstruction, and remodeling of certain public or private school buildings or additions to such buildings, by regulating the construction, reconstruction, and remodeling of buildings leased or acquired for school purposes, and to define the class of buildings affected by this act; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties for the violation of this act; and to repeal acts and parts of acts,” by amending section 1b (MCL 388.851b), as amended by 2006 PA 199. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Horn, Schuitmaker, MacGregor, Zorn, Knollenberg and Schmidt introduced Senate Bill No. 970, entitled A bill to amend 2002 PA 468, entitled “Joe Gagnon appliance repair act,” by amending section 2 (MCL 445.832). The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Schmidt, Schuitmaker, Horn, MacGregor, Zorn and Knollenberg introduced Senate Bill No. 971, entitled A bill to amend 1980 PA 497, entitled “Construction lien act,” by amending section 114 (MCL 570.1114), as amended by 2006 PA 497. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Schuitmaker, Knollenberg, Horn, MacGregor, Zorn and Schmidt introduced Senate Bill No. 972, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2015 PA 184. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senator Hildenbrand introduced Senate Bill No. 973, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 537 (MCL 436.1537), as amended by 2013 PA 101. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. House Bill No. 4588, entitled A bill to amend 1968 PA 330, entitled “Private security business and security alarm act,” by amending sections 37 and 39 (MCL 338.1087 and 338.1089), as added by 2010 PA 68, and by adding section 37a. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4850, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2012 PA 555. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. No. 49] [May 18, 2016] JOURNAL OF THE SENATE 785 House Bill No. 5146, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40118 (MCL 324.40118), as amended by 2015 PA 188. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. House Bill No. 5181, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 2a of chapter IV (MCL 764.2a), as amended by 2002 PA 483. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5542, entitled A bill to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,” by amending section 1 (MCL 780.621), as amended by 2014 PA 463. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5543, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 18e of chapter XIIA (MCL 712A.18e), as amended by 2012 PA 527. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5544, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 451 and 462f (MCL 750.451 and 750.462f), section 451 as amended by 2014 PA 336 and section 462f as amended by 2014 PA 329. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. Committee Reports The Committee on Local Government reported House Bill No. 4578, entitled A bill to amend 2000 PA 321, entitled “Recreational authorities act,” by amending section 3 (MCL 123.1133), as amended by 2003 PA 135. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Proos, Brandenburg and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Local Government reported House Bill No. 4656, entitled A bill to amend 1956 PA 40, entitled “The drain code of 1956,” (MCL 280.1 to 280.630) by adding section 201. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson 786 JOURNAL OF THE SENATE [May 18, 2016] [No. 49 To Report Out: Yeas: Senators Zorn, Proos, Brandenburg and Young Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, May 17, 2016, at 12:30 p.m., Room 100, Farnum Building Present: Senators Zorn (C), Proos, Brandenburg and Young Excused: Senator Rocca COMMITTEE ATTENDANCE REPORT he Committee on Michigan Competitiveness submitted the following: T Meeting held on Wednesday, May 18, 2016, at 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Stamas, Robertson, Proos and Warren COMMITTEE ATTENDANCE REPORT he Committee on Veterans, Military Affairs and Homeland Security submitted the following: T Meeting held on Wednesday, May 18, 2016, at 8:30 a.m., Room 110, Farnum Building Present: Senators O’Brien (C), Emmons, Zorn, Colbeck and Knezek Scheduled Meetings Agriculture - Thursday, May 19 (CANCELED) and Tuesday, May 24, 8:30 a.m., Room 110, Farnum Building (373-5323) Economic Development and International Investment - Thursday, May 19, 1:00 p.m., Room 210, Farnum Building (373-5323) Oversight - Thursday, May 19, 8:30 a.m., Room 100, Farnum Building (373-5314) Transportation - Thursday, May 19, 8:30 a.m., Room 210, Farnum Building (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:29 a.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Thursday, May 19, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 50 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Thursday, May 19, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—excused Bieda—present Horn—present Booher—excused Hune—present Brandenburg—present Johnson—excused Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—excused Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—excused Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—excused Zorn—present 788 JOURNAL OF THE SENATE [May 19, 2016] [No. 50 enator Goeffrey M. Hansen of the 34th District offered the following invocation: S Dear heavenly Father, thank You for bringing us together today. We are intent on doing good work. We ask for You to give us wisdom and courage to make the decisions that are right for each of our districts. We ask that our efforts be blessed with insight and guided by understanding and wisdom. Lord, open our minds so that we may take inspiration from Your words, and find a civil and productive discourse in our session today. We seek to serve with respect and put partisanship in our past and put the people of Michigan first. We pray that we might always serve You by serving our fellow citizens, and we give You thanks for putting us in this place of humble servitude. In the name our Savior, Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Brandenburg entered the Senate Chamber. enator Kowall moved that Senators Marleau and Pavlov be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senators Green, Booher and O’Brien be excused from today’s session. S The motion prevailed. enator Hood moved that Senators Hopgood, Johnson and Young be excused from today’s session. S The motion prevailed. The following communication was received: Department of State Administrative Rules Notice of Filing May 18, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-033-EQ (Secretary of State Filing #16-05-01) on this date at 1:33 p.m. for the Department of Environmental Quality entitled, “Ionizing Radiation Rules for Radioactive Material.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communication was referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, May 18: House Bill Nos. 4338 5401 The Secretary announced that the following bills were printed and filed on Wednesday, May 18, and are available at the Michigan Legislature website: Senate Bill Nos. 963 964 965 966 967 968 969 970 971 972 973 Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Hertel, Knezek and Schmidt admit­ tance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. Senator Marleau entered the Senate Chamber. No. 50] [May 19, 2016] JOURNAL OF THE SENATE 789 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Hildenbrand as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 707, entitled A bill to amend 1969 PA 200, entitled “An act to regulate driveways, banners, events, and parades upon and over highways; to provide for the promulgation of rules; to prescribe requirements for the issuance of permits; and to provide for the issuance of those permits,” by amending section 7 (MCL 247.327). Senate Bill No. 708, entitled A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 19b of chapter IV (MCL 224.19b), as added by 1980 PA 212. Senate Bill No. 899, entitled A bill to amend 1939 PA 141, entitled “Grain dealers act,” by amending sections 3 and 9 (MCL 285.63 and 285.69), as amended by 2002 PA 80, and by adding section 26a; and to repeal acts and parts of acts. Senate Bill No. 900, entitled A bill to amend 2003 PA 198, entitled “Farm produce insurance act,” by amending sections 7, 9, 11, and 15 (MCL 285.317, 285.319, 285.321, and 285.325), as amended by 2012 PA 149. House Bill No. 5247, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 698 (MCL 257.698), as amended by 2012 PA 262. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5395, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 5204e (MCL 324.5204e), as added by 2012 PA 511. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill: Senate Bill No. 706, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 725 (MCL 257.725), as amended by 1998 PA 247. The following is the amendment recommended by the Committee of the Whole: 1. Amend page 4, line 23, after “ENACT” by striking out the balance of the line. The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senator Pavlov entered the Senate Chamber. 790 JOURNAL OF THE SENATE [May 19, 2016] [No. 50 Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. enator Kowall offered the following resolution: S Senate Resolution No. 179. A resolution supporting the signing of a bilateral investment agreement (BIA) between Taiwan and the United States. Whereas, The Republic of China (Taiwan) shares the values of freedom, democracy, human rights, rule of law, peace, and prosperity with the United States and the state of Michigan; and Whereas, The United States ranks as Taiwan’s second-largest trading partner. Taiwan is the ninth-largest trading partner of the United States, and bilateral trade reached 66.6 billion in 2015; and Whereas, Taiwan and the state of Michigan have long benefitted from this relationship. From 2012 to 2015, the trade between Taiwan and Michigan grew from $833 million to $1.11 billion, a 33 percent increase, making the outlook for joint economic and cultural growth in the future bright; and Whereas, On January 16, 2016, Taiwan held its sixth direct presidential election, demonstrating again the strength and vitality of its democratic system and confirming that Taiwan is a beacon of democracy in the Asia-Pacific region and beyond; and Whereas, Taiwan is seeking to contribute to greater regional integration in the Asia-Pacific region and promote bilateral investment and trade relations with the United States; now, therefore, be it Resolved by the Senate, That the members of this legislative body recognize and support Taiwan’s mature and vital democracy and its continued efforts to participate significantly in international organizations which impact the health, safety, and well-being of its people; and be it further Resolved, That we support the signing of a bilateral investment agreement (BIA) between Taiwan and the United States; and be it further Resolved, That copies of this resolution be transmitted to the U.S. Secretary of State; the Taipei Economic and Cultural Office in Chicago, Illinois; and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Hildenbrand, Horn, Jones, MacGregor, Proos and Schmidt were named co‑sponsors of the resolution. enators Hune and Emmons offered the following resolution: S Senate Resolution No. 180. A resolution of tribute honoring the 100th Anniversary of the Michigan Milk Producers Association. Whereas, The Michigan Milk Producers Association (MMPA) was formed on May 23, 1916, when a small group of dairy farmers from Livingston County gathered at what was then the Michigan Agriculture College in East Lansing. They met to establish a stable, reliable market and price for their milk; and Whereas, The principles established in 1916 of guaranteeing a market and payment for members’ milk have laid the ground work for what is now an integral part of today’s dairy industry and Michigan’s economy; and Whereas, The methods and technology of producing milk are vastly different today than in 1916. The strength of the Michigan Milk Producers Association is as strong as the desire of those forward-thinking dairy farmers from 100 years ago; and Whereas, Through great leadership, the cooperative united a membership of independent-thinking dairy producers from Michigan and the surrounding states; and Whereas, As the Michigan Milk Producers Association survived and thrived through wars, protests, high interest rates, changes in leadership, criticism from outsiders, and a volatile milk market, the members of the cooperative stood strong, backing their leadership and knowing they would be stronger together; and Whereas, The leadership has been unparalleled, the dedication has been unequalled, and the result has been a century of trust, commitment, and strength; and Whereas, For 100 years, the dairy farmer members of MMPA have worked together to provide premium quality milk and have supported our state’s economy; now, therefore, be it No. 50] [May 19, 2016] JOURNAL OF THE SENATE 791 Resolved by the Senate, That we offer this expression of tribute in honor of the Michigan Milk Producers Association on the occasion of its 100th Anniversary of its founding on May 23, 1916. We want to congratulate the Michigan Milk Producers Association in its entirety—the members, their leaders, and the entire staff from office to office and plant to plant; and be it further Resolved, That we wish them many more decades of success as they continue to work together toward tomorrow to feed and nourish a hungry state, a hungry country, and a hungry world; and be it further Resolved, That a copy of this resolution be transmitted to the Michigan Milk Producers Association as evidence of our esteem. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Brandenburg, Hildenbrand, Horn, Kowall, Proos, Schmidt and Zorn were named co‑sponsors of the resolution. enator Hertel offered the following resolution: S Senate Resolution No. 181. A resolution to commemorate May 22-28, 2016, as Invisible Illness Awareness Week. Whereas, An invisible illness is a chronic condition that is not easily observed by the general public and is often not readily detected by medical professionals. Examples include lupus, fibromyalgia, interstitial cystitis, rheumatoid arthritis, vasculitis, Crohn’s disease, and Ehlers-Danlos syndrome, among others. These illnesses can be debilitating and prevent a person from performing traditional everyday activities; and Whereas, Invisible illnesses aren’t easily identified. A person with an invisible illness may feel judged by others or feel as though others simply do not understand what they are going through. A person with a chronic condition may be dealing with exhaustion, constant aches or pains, dizziness, or cognitive impairments, and yet may appear to be completely healthy on the outside; and Whereas, Nearly 1 in 2 Americans has a chronic medical condition of one kind or another. Ninety-six percent of people with chronic medical conditions live with an ailment that is invisible. About a quarter of them have some type of activity limitation, ranging from mild to severe; and Whereas, The onset or duration of an invisible illness can negatively affect a person’s physical, emotional, economic, educational, and social well-being due to activity limitations; and Whereas, There is a need for increased awareness about invisible illnesses to create a more accepting and understanding world for those who suffer; and Whereas, The theme of this year’s Invisible Illness Awareness Week is “Invisible Illnesses; Visible Hope,” because of the widespread scope of the illnesses; and Whereas, The purpose of Invisible Illness Awareness Week is to increase understanding of invisible illnesses among the general public and medical community, while reducing the stigma surrounding the illnesses, in order to create an environ­ ment in which there is better care, earlier and more accurate diagnosis, and knowledge that invisible illness patients can lead a healthy life; and Whereas, We join with the many individuals who are afflicted by these disorders and support increased awareness of invis­ible illnesses; now, therefore, be it Resolved by the Senate, That we hereby commemorate May 22-28, 2016, as Invisible Illness Awareness Week in the state of Michigan. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Brandenburg, Hildenbrand, Kowall, Proos and Schmidt were named co‑sponsors of the resolution. Senators Schmidt and Hertel asked and were granted unanimous consent to make statements and moved that the state­ ments be printed in the Journal. The motion prevailed. Senator Schmidt’s statement is as follows: I just want to say to my colleagues: I have had a number of you who have done this, and I know it isn’t easy to do. I want to say thank you to a good friend of mine who will be leaving my staff. Jake Winder will be going over to one of my favorite departments, the MEDC. 792 JOURNAL OF THE SENATE [May 19, 2016] [No. 50 Jake is leaving after almost one and a half years in our office. He started on the campaign team. It was a very fun and event­ful 2014, as many of you recall my primary. Jake was right there to make sure that we got through it. He also made sure that we got through the general election, so that I could join all of you here. More importantly, Jake for the first year and a half, as we set up the office, was very instrumental in making sure that I stayed on time and that I called my constituents back. In fact, we just got through that call-back list because tomorrow is Jake’s last day. It is such a pleasure to have Jake in our office. He is very friendly. We joked around a lot, and he got along well with all the staff. We will really miss him. We are excited that he is moving on to the MEDC. I think he will do a great job with Jeremy Hendges and Director Arwood. With all of that, I just want to say thank you and present him with a token of appreciation for his year and a half in my office and all his campaigning. enator Hertel’s statement is as follows: S I rise to speak in support of Senate Resolution No. 181. Nearly 1 in 2 Americans has a chronic medical condition of one kind or another. Ninety-six percent of people with chronic medical conditions live with an ailment that is invisible. An invisible illness is a chronic condition that is not easily observed by the general public, and it is often not readily detected by medical professionals. Some examples include lupus, fibromyalgia, rheumatoid arthritis, vasculitis, Crohn’s disease, and Ehlers-Danlos syndrome. This is a resolution to commemorate May 22-28, 2016, as Invisible Illness Awareness Week in Michigan. The purpose of Invisible Illness Awareness Week is to increase understanding of the invisible illnesses among the general public and medical community, while reducing the stigma surrounding those illnesses. We need to help create an environ­ ment in which there is better care earlier and more accurate diagnosis so that invisible illness patients can lead healthy lives. The theme of this year’s Invisible Illness Awareness Week is “Invisible Illness; Visible Hope,” because of the wide­spread scope of these illnesses. Katie Jaskolski has been a strong advocate for individuals with invisible illness, and she joins me here today. Through her hard work with the Life as a Zebra Foundation, she is trying to advocate for those who have illnesses which are not easily identified. The phrase that she uses and that I have come to know is, “Just because you hear hoofbeats doesn’t mean they came from horses. You have to be prepared for a zebra as well.” It is with great honor that we, as a legislative body, can take the time to recognize the hard work she and many like her have put in to help those with serious illnesses. We welcome you to the Senate today, and thank you for sharing your story. Introduction and Referral of Bills Senators Schuitmaker, Proos, Shirkey, Colbeck and Jones introduced Senate Bill No. 974, entitled A bill to amend 1988 PA 511, entitled “Community corrections act,” by amending section 2 (MCL 791.402), as amended by 2014 PA 466. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. Senators MacGregor, Proos, Shirkey, Colbeck and Jones introduced Senate Bill No. 975, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1 of chapter I (MCL 761.1), as amended by 2007 PA 20. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. Senator Nofs introduced Senate Bill No. 976, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2015 PA 201. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Bieda and Casperson introduced Senate Bill No. 977, entitled A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending section 55 (MCL 256.675). The bill was read a first and second time by title and referred to the Committee on Transportation. No. 50] [May 19, 2016] JOURNAL OF THE SENATE 793 Senator Casperson introduced Senate Bill No. 978, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 312j. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 4338, entitled A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 125, 127, and 131a (MCL 38.1425, 38.1427, and 38.1431a), sections 125 and 127 as added by 2010 PA 75 and section 131a as added by 2012 PA 300. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 5401, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3702 and 5902 (MCL 324.3702 and 324.5902), as added by 1995 PA 60; and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. Statements Senators Knezek, Bieda, Hertel and Colbeck asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Knezek’s statement is as follows: I have said many times that one of the downfalls of hiring such good staff is that sooner or later, someone is going to come along and try to take them away from you. Today, unfortunately, is another one of those cases where we’re going to be losing a staffer in the 5th Senate District, Mr. Collin Mays. He is joined today by his father Cornell. Collin just received an offer, and he is going to be moving on to work for Wayne County. I wanted to make sure that I took at least a moment to recognize him on the Senate floor, and thank him for everything that he has done not just for me, but for all the constituents of the 5th Senate District. Back in 2013, I received a phone call one day from Collin, and we didn’t even really know each other. We just saw each other at Democratic events around town. He said, “Rep, you’re in that 5th Senate seat and I think that you could have it. I want to be your guy. I want to make sure that you get that seat in the Michigan Senate.” I said I would think about it. Truly, I kind of blew him off a little bit. A month later, I received another phone call, “Rep, you have to be thinking about that Senate seat. I’m telling you that seat has your name on it. You need to be thinking about it.” I kind of blew him off again. He called me another month later and he said, “I’m tired of waiting. That seat is your seat if you want it. I’m your guy. Let’s get this show on the road.” So we brought Collin onboard, and he became the backbone and an integral piece of what got me into this chamber that we’re standing in today. It is such an incredibly profound weight that I think we carry on our shoulders as elected officials, knowing that for all intents and purposes we would not be here if not for the service and the sacrifice of other people. This is incredibly emo­ tional for me to look at Collin and know that I would not be here, I would not be at that seat, if it wasn’t for this man right here. We took his skills, we took his experience, and we tried to develop him into a better leader. The Collin I know today is light years ahead of the man he was just a couple years ago. He was outstanding then, but he is phenomenal today. I am heartbroken that we are going to lose him, but I’m so excited about what the future holds for this bright young man. Day in and day out, he has been our voice, our presence, and our advocate in the community from Detroit to Dearborn Heights to Garden City to Inkster to Redford Township. I am struggling to find the words to express the sense of loss that I feel today. Again, that loss is overcome only by the emotions and the sense of pride and happiness that I feel knowing that he is going to go on, and he’s going to continue to do bigger and better things. I simply want to ask my colleagues in the Senate to join me in thanking Mr. Collin Mays for everything that he has done not just for me and the district, but for the entire state of Michigan. enator Bieda’s statement is as follows; S Some of you may have seen the report from the Office of the Auditor General looking at Michigan’s Integrated Data Automated System. In short, our unemployment system is an unmitigated disaster. The Michigan Integrated Date Automated System, referred to as MiDAS, is an automated computer program that was fully implemented in October of 2013 in an effort to reduce fraud and improve customer service. Of the cases the system 794 JOURNAL OF THE SENATE [May 19, 2016] [No. 50 identified as fraud, only 8 percent were legitimately fraudulent. In the meantime, the other 92 percent of the people wrongly identified as fraudsters suffered while the state essentially stole their money. The system garnished wages and federal and state income tax refunds without notifying claimants and without giving them the opportunity to explain their situation. Auto­ ­matically passing judgment and imposing penalties without notice or due process is fundamentally un-American. One of my constituents contacted my office and explained his encounter with MiDAS. When he lost his job, he tried to claim unemployment benefits. The computer system asked him to check a box to move to the next screen, but none of the options accurately described his situation. When he picked the best fit and moved on, the system flagged him for fraud, because the box he checked did not match the box his employer checked. When he tried to get a hold of someone at the agency, no one answered. That’s the kind of thing that doesn’t happen when real people are in charge. Almost everyone in this chamber has worked with constituents suffering because of machine errors. If you haven’t yet, you will soon. Claimants are bringing class-action lawsuits against the agency, and we’re all going to be paying for it. In trying to recoup the very small percent of benefits paid out as a result of fraud, a legal monster was created. The Legis­ lature has been penny wise and pound foolish. We’ve seen time and time again that you can’t cut your way to prosperity. By depriving these people wages, unemployment benefits, and tax refunds, this computer system has created additional economic hardships for everyday people already down on their luck. People’s lives are more than checkboxes and algorithms. We need to work together to undo the damage caused by that 2013 decision. That means using certified mail to give proper notice of fraud accusations to citizens, and that means having a real person review and validate each fraud determination. Most importantly, that means treating unemployed Michiganders with respect. It’s time to make our citizens whole again. enator Hertel’s statement is as follows: S You know, we have a lot of issues to deal with here in Lansing. People should be angry. They are paying more in taxes, their roads are crumbling, their schools are failing, and we have had 9,000 children poisoned in Flint. Yet the Speaker, whose party controls all three branches of Michigan government and hasn’t been able to make meaningful progress on a number of crucial issues, proposes something that he knows he can’t get done. Speaker Cotter wants a constitutional amendment to make it easier to fire civil servants. This is the epitome of passing the buck. If the Speaker wants to make it easier to fire people and hold them accountable, I have some suggestions. He needs to address the employment protections for emergency managers in this state. He needs to not spend thousands of dollars to avoid his own deposition in a legal case in Lansing. He needs to have real hearings on what happened in Flint. Actions express priorities. People have been poisoned, tax revenues are down, and we underfund education and infrastructure on the backs of hard­ working Michigan families. The Speaker’s only solution to solve Michigan’s problems is to scapegoat hardworking civil servants. Three hundred thirty six employees who fall under the Civil Service Commission were dismissed last year. In reality, the Civil Service Commission is far more effective than Speaker Cotter who didn’t introduce a single policy bill last year. Who is really the one playing Candy Crush all day? These are the people who inspect our nursing homes, protect our foster kids, and keep our lakes and rivers clean. They are not the enemy. We should not sit in our ivory towers looking down and blame them for the ills in our state. So what does it say about the Republican priorities when Speaker Cotter’s big-ticket goal is ducking blame and deflecting it onto civil service? Instead of addressing the fact that infant mortality rates in some of our cities rival those in a third world nation; instead of taking meaningful steps to make college more affordable for the 62 percent of the students who have debt; instead of fixing our crumbling roads and bridges; instead of investigating why 1 in 10 children in Michigan have a parent who is incarcerated; instead of prioritizing the care of more than 600,000 veterans in our state; and instead of addressing the critical shortfalls in the Detroit Public Schools system, Speaker Cotter is only dropping this bill so that every­ one forgets who is really responsible for the ills of our state. Let’s stop scapegoating those who work for us, and start remembering who we work for—the people of the state of Michigan. enator Colbeck’s statement is as follows: S On May 13, President Obama, the Department of Education, and the Department of Justice teamed up to threaten to with­ hold what amounts to the milk money from our schools. Yet they didn’t abide by the federal lesbian, gay, bigender, bisexual, transgender, questioning guidelines that they put forward. First, let me be clear. The school districts should simply ignore these threats. The federal government uses as the basis of their threats Title IX. I want to be clear that Title IX clearly talks about sex, not gender identity which the Department of Justice sought to try to expand this year. In fact, here is what Title IX actually states: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to the discrimination under any education program or activity receiving Federal financial assistance.” Pretty clear. No mention of gender identity in that, unless Common Core is redefining definitions for us and I wasn’t aware. No. 50] [May 19, 2016] JOURNAL OF THE SENATE 795 The federal Department of Justice and Department of Education are actually seeking to change the statutory language of Title IX to include transgender students without legislative action. This is clearly beyond their constitutional authority. The President doesn’t have the right to change laws unilaterally, even though he has done it many different times, includ­ ing with his landmark legislation Obamacare. He doesn’t have the power to do that without the consent of Congress. There is also a federal court in South Carolina doing the same thing—trying to legislate from the bench. People need to understand that all legislative authority under Article I, Section 1 of the U.S. Constitution is vested in the Congress, not in the President or our court system. Given that only 50 percent of the our third-graders in Michigan can read, it is clear that more energy should be focused on helping students learn, not emphasizing guidelines that distract teachers and students from the education process. In the final analysis, the federal government has no constitutional authority to dictate to or threaten our schools. Pro­po­ nents of the LGBT policies such as those proposed by the federal government or even our own Michigan Board of Education claim that their policies seek to promote a safe and supportive environment. My friends, this is simply not true. It is clear who the real bully is in this discussion—it’s President Obama. Our message to this bully should be very simple and clear—pound sand. Committee Reports The Committee on Outdoor Recreation and Tourism reported House Bill No. 5275, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 72101, 72115, and 81133 (MCL 324.72101, 324.72115, and 324.81133), section 72101 as amended by 2014 PA 211, section 72115 as amended by 2014 PA 213, and section 81133 as amended by 2014 PA 147, and by adding section 72117; and to repeal acts and parts of acts. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Goeffrey M. Hansen Chairperson To Report Out: Yeas: Senators Hansen, Zorn, Schmidt and Green Nays: Senator Johnson The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Outdoor Recreation and Tourism submitted the following: T Meeting held on Wednesday, May 18, 2016, at 12:30 p.m., Room 110, Farnum Building Present: Senators Hansen (C), Zorn, Schmidt, Green and Johnson The Committee on Regulatory Reform reported Senate Bill No. 448, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 233 (MCL 436.1233). With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren and Hertel Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Regulatory Reform reported Senate Bill No. 954, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2001, 2004, and 2012 (MCL 339.2001, 339.2004, and 339.2012), section 2001 as amended by 1998 PA 218, section 2004 as amended by 2009 PA 143, and sec­ tion 2012 as amended by 2002 PA 495; and to repeal acts and parts of acts. 796 JOURNAL OF THE SENATE [May 19, 2016] [No. 50 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren and Hertel Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Regulatory Reform submitted the following: T Meeting held on Wednesday, May 18, 2016, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Rocca (C), Jones, Knollenberg, Kowall, MacGregor, Hune, Warren and Hertel Excused: Senator Johnson The Committee on Appropriations reported Senate Bill No. 895, entitled A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending sections 2 and 9 (MCL 12.252 and 12.259), section 2 as amended and section 9 as added by 2005 PA 232, and by adding section 11. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, Hansen, Stamas, Knollenberg, Shirkey, Nofs, Green, Gregory, Hopgood, Hertel, Knezek and Young Nays: Senators Schuitmaker, Booher and Proos The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 956, entitled A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending section 12 (MCL 205.432), as amended by 2014 PA 272. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 957, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20161 (MCL 333.20161), as amended by 2015 PA 104. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill was referred to the Committee of the Whole. No. 50] [May 19, 2016] JOURNAL OF THE SENATE 797 The Committee on Appropriations reported House Bill No. 5512, entitled A bill to amend 2012 PA 615, entitled “Michigan energy assistance act,” by amending section 6 (MCL 400.1236). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, May 18, 2016, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Tuesday, May 17, 2016, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Jones, Stamas, Hertel, Knezek and Hopgood Excused: Senator Robertson COMMITTEE ATTENDANCE REPORT he Committee on Natural Resources submitted the following: T Meeting held on Wednesday, May 18, 2016, at 12:30 p.m., Room 210, Farnum Building Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren COMMITTEE ATTENDANCE REPORT he Committee on Oversight submitted the following: T Meeting held on Thursday, May 19, 2016, at 8:30 a.m., Room 100, Farnum Building Present: Senators MacGregor (C), Kowall, Stamas, Schuitmaker and Gregory COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, May 19, 2016, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn and Pavlov Excused: Senators Marleau and Hopgood Scheduled Meetings Agriculture - Tuesday, May 24, 8:30 a.m., Room 110, Farnum Building (373-5323) Criminal Justice Policy Commission - Wednesday, June 1, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) 798 JOURNAL OF THE SENATE [May 19, 2016] [No. 50 Health Policy - Tuesday, May 24, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Judiciary - Tuesday, May 24, 3:00 p.m., Room 110, Farnum Building (373-1721) Michigan Competitiveness - Wednesday, May 25, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:39 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, May 24, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 51 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Tuesday, May 24, 2016. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—present Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 800 JOURNAL OF THE SENATE [May 24, 2016] [No. 51 enator Wayne A. Schmidt of the 37th District offered the following invocation: S “Lord, make me an instrument of Your peace. Where there is hatred, let me sow love; Where there is injury, pardon; Where there is doubt, faith; Where there is despair, hope; Where there is darkness, light; Where there is sadness, joy. , Divine Master, grant that I may not so much seek to be consoled as to console; O To be understood as to understand; To be loved as to love. or it is in giving that we receive; F It is in pardoning that we are pardoned; And it is also in dying [to Thy self] that we are born to eternal life. Amen.” The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Marleau entered the Senate Chamber. Senator Kowall moved that Senators Booher, Casperson, Green, Hildenbrand, MacGregor and Meekhof be temporarily excused from today’s session. The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that rule 3.902 be suspended to allow his guests admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Senator Kowall asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Kowall’s statement is as follows: This morning, it is my pleasure to recognize three individuals who are earning a special honor. The Frank Fitzgerald Public Service Award recognizes talented young people active in Michigan government who have shown extraordinary dedication and willingness to help others. The award is named for the late Frank Fitzgerald, a state lawmaker in the 1980s and 1990s. His father, John Fitzgerald, served right here in the Michigan Senate. Recipients are honored for their excellence as scholars, communicators, and volunteers. The first winner is Jason Nichol, a former intern in the Michigan Senate. Jason graduated magna cum laude from Harvard Law School and now is a law clerk to Judge David McKeague in the U.S. Court of Appeals for the Sixth Circuit. Jason was student body president at Central Michigan University, where he majored in music, business administration, and finance. He competed on the CMU speech and debate team and helped the group earn several national awards. Jason is also an accomplished musician. He played for the Midland Symphony Orchestra during his undergraduate studies at Central. Our second recipient is Joseph Brennan. Joe interned in the Michigan House of Representatives and graduated earlier this month from the James Madison College at Michigan State University. He has interned in Washington, D.C., and studied overseas in Turkey. Joe earned the Vern Ehlers Award for his volunteer work in the Michigan House and also received the Gordon and Norma Guyer Summer Internship Scholarship. Joe’s parents, Martin and Jane Brennan, are in the east Gallery. Our third winner is Nathan Kissling. Today, Nathan is a policy advisor with the Michigan House Republican Policy Office. Along the way, he was an aide to Representative Tom Hooker and Representative Ed McBroom. Before that, he was a runner and an assistant to the House Clerk. Nathan earned the John Quincy Adams Award from the Student Statesmanship Institute. He is also certified as a Community Emergency Response Teams trainer. Nathan donated several hundred volunteer hours in Mississippi and Texas after those states were damaged by hurricanes. Nathan’s parents, Norman and Janet Kissling, are in the east Gallery. No. 51] [May 24, 2016] JOURNAL OF THE SENATE 801 On behalf of the Michigan Senate, we’d like to thank all three of these individuals for their hard work and congratulate them on winning the 2016 Fitzgerald Public Service Award. Senators Booher, Casperson, Green, Hildenbrand, Meekhof and MacGregor entered the Senate Chamber. The Secretary announced that the following House bills were received in the Senate and filed on Thursday, May 19: House Bill Nos. 5494 5495 5496 5497 5498 5499 5500 5501 5521 The Secretary announced the enrollment printing and presentation to the Governor on Thursday, May 19, for his approval the following bill: Enrolled Senate Bill No. 409 at 11:34 a.m. The Secretary announced the enrollment printing and presentation to the Governor on Friday, May 20, for his approval the following bills: Enrolled Senate Bill No. 343 at 1:44 p.m. Enrolled Senate Bill No. 344 at 1:46 p.m. Enrolled Senate Bill No. 410 at 1:48 p.m. Enrolled Senate Bill No. 501 at 1:50 p.m. Enrolled Senate Bill No. 659 at 1:52 p.m. The Secretary announced the enrollment printing and presentation to the Governor on Monday, May 23, for his approval the following bills: Enrolled Senate Bill No. 607 at 2:34 p.m. Enrolled Senate Bill No. 719 at 2:36 p.m. Enrolled Senate Bill No. 363 at 2:38 p.m. The Secretary announced that the following bills and joint resolution were printed and filed on Thursday, May 19, and are available at the Michigan Legislature website: Senate Bill Nos. 974 975 976 977 978 House Bill Nos. 5667 5668 5669 5670 5671 5672 5673 5674 5675 5676 5677 House Joint Resolution MM Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:08 a.m. 10:52 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senator Young entered the Senate Chamber. Messages from the Governor The following message from the Governor was received on May 20, 2016, and read: EXECUTIVE ORDER No. 2016-9 Creation of the Child Lead Poisoning Elimination Board Executive Office of the Governor HEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power in the Governor; and W WHEREAS, Section 4 of Article V of the Michigan Constitution of 1963 authorizes the establishment of temporary commissions or agencies for special purposes; and 802 JOURNAL OF THE SENATE [May 24, 2016] [No. 51 WHEREAS, under Section 1 of 1931 PA 195, MCL 10.51, the Governor may, at such times and for such purposes as the Governor deems necessary or advisable, create special advisory bodies consisting of as many members as the Governor deems appropriate; and WHEREAS, Section 17 of Article V of the Michigan Constitution of 1963 empowers the Governor to present to the Legislature information as to the affairs of the state and recommend measures that he considers necessary or desirable; and WHEREAS, the issue of child lead poisoning in Flint has highlighted the prevalence of child lead poisoning throughout the state of Michigan; and WHEREAS, there exists a need in state government for a coordinated effort to design a long term strategy for elimi­na­ ting child lead poisoning in the state of Michigan, including a statewide assessment of old housing stock with lead hazards and areas with high incidence of child lead poisoning, analysis of current research on the incidence and impacts of lead paint in old homes, and a survey of current law, resources, and policy related to lead abatement and remediation; NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I.  CREATION OF THE MICHIGAN CHILD LEAD POISONING ELIMINATION BOARD A. The Child Lead Poisoning Elimination Board (the “Board”) is created as a temporary commission pursuant to Article V, Section 4 of the Constitution of the state of Michigan of 1963 and shall serve as an advisory body within the Executive Office of the Governor. B. The Board shall be an independent and autonomous entity with the intent that its authority, powers, duties, and responsibilities be exercised free from the direction and supervision of the principal departments in the executive branch, and shall be composed of twelve (12) members appointed as follows: 1. The Lieutenant Governor. 2. The Governor shall appoint seven (7) members serving at the pleasure of the Governor. 3. The following four (4) department or authority directors, or their designee, from within their respective department or authority: • The Department of Environmental Quality; • The Department of Health and Human Services; • The Department of Licensing and Regulatory Affairs; and • The Michigan State Housing Development Authority. C. A vacancy on the Board shall be filled in the same manner as the original appointment. D. The Board shall include individuals with particular expertise in prevention and mitigation of child lead poisoning and may include representatives from pediatric hospitals, local units of government, relevant nonprofit agencies, local health departments, and education. II.  CHARGE TO THE BOARD A. The Board shall act in an advisory capacity to the Governor and the state of Michigan, and make recommendations to the Governor concerning testing of children for elevated blood lead; follow-up monitoring and services, including case management; environmental lead investigations; remediation and abatement; and dashboards and reporting, including but not limited to the following: 1. Recommend changes to improve the blood lead testing rate of children in Michigan, especially in high-risk areas and for children under the age of six (6) years old. 2. Recommend changes to improve the percentage of families utilizing follow-up services when a child tests positive for elevated blood lead and ensure the adequacy of those services. 3. Recommend changes to improve the availability of environmental lead investigations to families when a child tests positive for elevated blood lead, particularly with respect to children under the age of six (6) years old, and ensure the adequacy of such investigations. 4. Recommend achievable improvements to current remediation and abatement efforts aimed at reducing child lead poisoning dangers throughout Michigan and in particular hotspots, including individual homes. 5. Recommend improvements to existing collection, maintenance, sharing, and reporting efforts regarding child lead poisoning data, including recommendations for the implementation of dashboards, websites, apps, and other means of conveying information. B. The Board shall also inventory existing resources and programs that touch the above areas and make recommendations regarding coordination and supplementation where appropriate. C. By November 4, 2016, the Board shall provide to the Governor a full, written report on its recommendations for items in Section II.A. and II.B. of this Order. III.  OPERATIONS OF THE BOARD A. The Board shall be staffed by personnel from and assisted by state departments and agencies as directed by the Governor’s Office. B. The Lieutenant Governor shall serve as the Chairperson. The Lieutenant Governor may select from among the Board’s members a Vice Chairperson to act as Chair in his absence. No. 51] [May 24, 2016] JOURNAL OF THE SENATE 803 C. The Board shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Board. Meetings of the Board may be held anywhere within the state of Michigan. D. The Board may establish workgroups or committees assigning Board members to and inviting public participation on these workgroups or committees as the Board deems necessary. E. The Board may adopt, reject, or modify recommendations made by the workgroups or committees. F. A majority of the voting members of the Board serving constitutes a quorum for the transaction of the Board’s business notwithstanding the existence of one (1) or more vacancies. The Board shall act by majority vote of its present and voting members for the purpose of making recommendations to the Governor. G. The Board may adopt procedures consistent with Michigan law and this Order governing its organization and operations. H. The Board may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. Subject to the Governor’s approval, the Board may consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, government agencies, and the nonprofit sector. I. Members of the Board shall serve without compensation. Subject to the Governor’s approval and available funding, members of the Board may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Michigan Civil Service Commission and the Department of Technology, Management and Budget. J. The Board may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Board and the performance of its duties, as the Governor deems advisable and necessary in accordance with the relevant statutes, rules, and procedures of the Civil Service Commission and the Department of Technology, Management and Budget. K. The Board may accept grants of funds, donations of funds, property, labor, services, or other things of value from any public or private agency or person. Any donations shall be expended in accordance with applicable laws, rules, and procedures. L. Members of the Board, staff, or contractors shall refer all legal, legislative, and media contacts relating to Board actions or activities to the Office of the Governor. IV. MISCELLANEOUS A. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state shall give to the Board, or to any member or representative of the Board, any necessary assistance required by the Board or any member or representative of the Board, in the performance of the duties of the Board so far as is compatible with its, his, or her duties. B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order shall not abate by reason of the taking effect of this Order. C. Nothing in this Order shall be construed to change the organization of the executive branch of state government or the assignment of functions among its units in a manner requiring the force of law. D. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order. E. The Board shall dissolve two years after the effective date of this Order. This Executive Order shall become effective upon filing. Given under my hand and the Great Seal of the state of [SEAL] Michigan this 20th day of May, in the Year of our Lord Two Thousand Sixteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Stamas as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 5131, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 22, 26, 703, and 711 (MCL 206.22, 206.26, 206.703, and 206.711), section 22 as amended by 2003 PA 51, section 26 as amended by 2011 PA 38, section 703 as amended by 2014 PA 295, and section 711 as amended by 2011 PA 193. 804 JOURNAL OF THE SENATE [May 24, 2016] [No. 51 House Bill No. 5132, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 21a; and to repeal acts and parts of acts. House Bill No. 5133, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 13a; and to repeal acts and parts of acts. House Bill No. 4787, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 213a. House Bill No. 4830, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16l of chapter XVII (MCL 777.16l), as amended by 2011 PA 202. Senate Bill No. 885, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 545 (MCL 436.1545), as added by 2010 PA 213. Senate Bill No. 956, entitled A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending section 12 (MCL 205.432), as amended by 2014 PA 272. Senate Bill No. 957, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20161 (MCL 333.20161), as amended by 2015 PA 104. House Bill No. 5512, entitled A bill to amend 2012 PA 615, entitled “Michigan energy assistance act,” by amending section 6 (MCL 400.1236). The bills were placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 4984 House Bill No. 4634 House Bill No. 5395 Senate Bill No. 706 Senate Bill No. 707 Senate Bill No. 708 Senate Bill No. 899 Senate Bill No. 900 House Bill No. 5247 The motion prevailed. The following bill was read a third time: House Bill No. 4984, entitled A bill to amend 2003 PA 260, entitled “Tax reverted clean title act,” by amending section 5 (MCL 211.1025), as amended by 2012 PA 222. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 51] Roll Call No. 314 [May 24, 2016] JOURNAL OF THE SENATE 805 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the exemption of certain property from certain taxes; to levy and collect a specific tax upon the owners of certain property; to provide for the disposition of the tax; to clarify the ownership of certain parcels of property; to prescribe the powers and duties of certain local government officials; and to provide penalties,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4634, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2015 PA 174. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 315 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 806 JOURNAL OF THE SENATE [May 24, 2016] [No. 51 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5395, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 5204e (MCL 324.5204e), as added by 2012 PA 511. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 316 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 In The Chair: Schuitmaker Not Voting—0 No. 51] [May 24, 2016] JOURNAL OF THE SENATE 807 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 706, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 725 (MCL 257.725), as amended by 1998 PA 247. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 317 Yeas—34 Ananich Hansen Knollenberg Proos Bieda Hildenbrand Kowall Robertson Booher Hood MacGregor Rocca Brandenburg Hopgood Marleau Schmidt Casperson Horn Meekhof Schuitmaker Colbeck Hune Nofs Shirkey Emmons Johnson O’Brien Stamas Green Jones Pavlov Zorn Gregory Knezek Nays—3 Hertel Warren Young Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 707, entitled A bill to amend 1969 PA 200, entitled “An act to regulate driveways, banners, events, and parades upon and over highways; to provide for the promulgation of rules; to prescribe requirements for the issuance of permits; and to provide for the issuance of those permits,” by amending section 7 (MCL 247.327). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 808 JOURNAL OF THE SENATE [May 24, 2016] Roll Call No. 318 [No. 51 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 708, entitled A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 19b of chapter IV (MCL 224.19b), as added by 1980 PA 212. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 319 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen No. 51] [May 24, 2016] JOURNAL OF THE SENATE 809 Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 899, entitled A bill to amend 1939 PA 141, entitled “Grain dealers act,” by amending sections 3 and 9 (MCL 285.63 and 285.69), as amended by 2002 PA 80, and by adding section 26a; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 320 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 900, entitled A bill to amend 2003 PA 198, entitled “Farm produce insurance act,” by amending sections 7, 9, 11, and 15 (MCL 285.317, 285.319, 285.321, and 285.325), as amended by 2012 PA 149. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 810 JOURNAL OF THE SENATE [May 24, 2016] [No. 51 Roll Call No. 321 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5247, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 698 (MCL 257.698), as amended by 2012 PA 262. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 322 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 No. 51] [May 24, 2016] JOURNAL OF THE SENATE 811 Not Voting—0 In The Chair: Schuitmaker The Assistant President pro tempore, Senator O’Brien, assumed the Chair. he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 453, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8501 (MCL 600.8501), as amended by 1988 PA 135. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 656, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 901 (MCL 339.901), as amended by 2014 PA 560. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 323 Ananich Bieda Yeas—37 Hertel Knollenberg Robertson Hildenbrand Kowall Rocca 812 JOURNAL OF THE SENATE [May 24, 2016] [No. 51 Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 657, entitled A bill to amend 1981 PA 70, entitled “An act to regulate the collection practices of certain persons; to provide for the powers and duties of certain state agencies; and to provide penalties and civil fines,” by amending section 1 (MCL 445.251). The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 324 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 No. 51] [May 24, 2016] JOURNAL OF THE SENATE 813 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 748, entitled A bill to amend 1999 PA 276, entitled “Banking code of 1999,” by amending the title and sections 1202, 1203, 2202, 2203, 2308, 4108, and 4304 (MCL 487.11202, 487.11203, 487.12202, 487.12203, 487.12308, 487.14108, and 487.14304). The House of Representatives has passed the bill by a 2/3 vote, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 749, entitled A bill to amend 1999 PA 276, entitled “Banking code of 1999,” by amending section 1201 (MCL 487.11201). The House of Representatives has passed the bill by a 2/3 vote, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 750, entitled A bill to amend 1999 PA 276, entitled “Banking code of 1999,” by amending section 4301 (MCL 487.14301). The House of Representatives has passed the bill by a 2/3 vote, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 752, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 315a and 376a (MCL 750.315a and 750.376a), as amended by 2014 PA 400. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 325 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey 814 JOURNAL OF THE SENATE [May 24, 2016] [No. 51 Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 776, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 472a (MCL 168.472a), as amended by 1999 PA 219. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. House Bill No. 5256, entitled A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The House of Representatives has non-concurred in the Senate substitute (S-1) and appointed Reps. Inman, Jenkins and Yanez as conferees. The message was referred to the Secretary for record. House Bill No. 5263, entitled A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The House of Representatives has non-concurred in the Senate substitute (S-1) and appointed Reps. Aaron Miller, Jenkins and Irwin as conferees. The message was referred to the Secretary for record. House Bill No. 5268, entitled A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The House of Representatives has non-concurred in the Senate substitute (S-1) and appointed Reps. Jenkins, Victory and Hoadley as conferees. The message was referred to the Secretary for record. House Bill No. 5272, entitled A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The House of Representatives has non-concurred in the Senate substitute (S-1) and appointed Reps. Pagel, Afendoulis and Irwin as conferees. The message was referred to the Secretary for record. No. 51] [May 24, 2016] JOURNAL OF THE SENATE 815 House Bill No. 5274, entitled A bill to make appropriations for the department of health and human services for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The House of Representatives has non-concurred in the Senate substitute (S-1) and appointed Reps. VerHeulen, Poleski and Santana as conferees. The message was referred to the Secretary for record. House Bill No. 5276, entitled A bill to make appropriations for the legislature, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, the department of talent and economic development, and certain state purposes related thereto for the fiscal year ending September 30, 2017; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act. The House of Representatives has non-concurred in the Senate substitute (S-1) and appointed Reps. Cox, Poleski and Durhal as conferees. The message was referred to the Secretary for record. House Bill No. 5294, entitled A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2017 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations. The House of Representatives has non-concurred in the Senate substitute (S-1) and appointed Reps. Pscholka, Bumstead and Santana as conferees. The message was referred to the Secretary for record. House Bill No. 5306, entitled A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The House of Representatives has non-concurred in the Senate substitute (S-1) and appointed Reps. Afendoulis, McCready and Faris as conferees. The message was referred to the Secretary for record. House Bill No. 5329, entitled A bill to make appropriations for the state transportation department for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The House of Representatives has non-concurred in the Senate substitute (S-1) and appointed Reps. Canfield, Victory and Banks as conferees. The message was referred to the Secretary for record. By unanimous consent the Senate returned to the order of Motions and Communications The following communication was received and read: Office of the Senate Majority Leader May 24, 2016 I appoint Senator Dave Hildenbrand as Chair of the Senate Fiscal Agency Governing Board. If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communication was referred to the Secretary for record. 816 JOURNAL OF THE SENATE [May 24, 2016] [No. 51 The following communications were received and read: Office of the Senate Majority Leader May 24, 2016 ursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to SB 784, appoints the following P members to the conference committee: Senator Darwin Booher, Chair Senator Tonya Schuitmaker Senator David Knezek Thank you for your prompt consideration of this matter. May 24, 2016 ursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to SB 786, appoints the following P members to the conference committee: Senator Goeff Hansen, Chair Senator Phil Pavlov Senator Hoon-Yung Hopgood Thank you for your prompt consideration of this matter. May 24, 2016 ursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to SB 787, appoints the following P members to the conference committee: Senator Mike Green, Chair Senator Peter MacGregor Senator Hoon-Yung Hopgood Thank you for your prompt consideration of this matter. May 24, 2016 ursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to SB 790, appoints the following P members to the conference committee: Senator Tonya Schuitmaker, Chair Senator Peter MacGregor Senator Curtis Hertel Jr. Thank you for your prompt consideration of this matter. May 24, 2016 ursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to SB 792, appoints the following P members to the conference committee: Senator John Proos, Chair Senator Tonya Schuitmaker Senator Coleman Young II Thank you for your prompt consideration of this matter. May 24, 2016 ursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to SB 793, appoints the following P members to the conference committee: Senator Marty Knollenberg, Chair Senator Jim Marleau Senator Coleman Young II Thank you for your prompt consideration of this matter. May 24, 2016 ursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to SB 795, appoints the following P members to the conference committee: Senator Mike Green, Chair Senator Darwin Booher Senator Hoon-Yung Hopgood Thank you for your prompt consideration of this matter. No. 51] [May 24, 2016] JOURNAL OF THE SENATE 817 May 24, 2016 ursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to SB 796, appoints the following P members to the conference committee: Senator Goeff Hansen, Chair Senator Phil Pavlov Senator Hoon-Yung Hopgood Thank you for your prompt consideration of this matter. May 24, 2016 ursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to SB 801, appoints the following P members to the conference committee: Senator Dave Hildenbrand, Chair Senator Arlan Meekhof Senator Hoon-Yung Hopgood Thank you for your prompt consideration of this matter. May 24, 2016 ursuant to Joint Rule 3, the House, having non-concurred in the Senate substitute (S-1) to HB 5256, the Senate appoints P the following members to the conference committee: Senator Mike Nofs Senator Patrick Colbeck Senator David Knezek Thank you for your prompt consideration of this matter. May 24, 2016 ursuant to Joint Rule 3, the House, having non-concurred in the Senate substitute (S-1) to HB 5263, the Senate appoints P the following members to the conference committee: Senator Mike Nofs Senator Patrick Colbeck Senator David Knezek Thank you for your prompt consideration of this matter. May 24, 2016 ursuant to Joint Rule 3, the House, having non-concurred in the Senate substitute (S-1) to HB 5268, the Senate appoints P the following members to the conference committee: Senator Mike Green Senator Jim Stamas Senator Hoon-Yung Hopgood Thank you for your prompt consideration of this matter. May 24, 2016 ursuant to Joint Rule 3, the House, having non-concurred in the Senate substitute (S-1) to HB 5272, the Senate appoints P the following members to the conference committee: Senator John Proos Senator Marty Knollenberg Senator Vincent Gregory Thank you for your prompt consideration of this matter. May 24, 2016 ursuant to Joint Rule 3, the House, having non-concurred in the Senate substitute (S-1) to HB 5274, the Senate appoints P the following members to the conference committee: Senator Jim Marleau Senator Peter MacGregor Senator Curtis Hertel Jr. Thank you for your prompt consideration of this matter. May 24, 2016 ursuant to Joint Rule 3, the House, having non-concurred in the Senate substitute (S-1) to HB 5276, the Senate appoints P the following members to the conference committee: Senator Jim Stamas Senator Mike Nofs Senator Coleman Young II Thank you for your prompt consideration of this matter. 818 JOURNAL OF THE SENATE [May 24, 2016] [No. 51 May 24, 2016 ursuant to Joint Rule 3, the House, having non-concurred in the Senate substitute (S-1) to HB 5294, the Senate appoints P the following members to the conference committee: Senator Dave Hildenbrand Senator Arlan Meekhof Senator Vincent Gregory Thank you for your prompt consideration of this matter. May 24, 2016 ursuant to Joint Rule 3, the House, having non-concurred in the Senate substitute (S-1) to HB 5306, the Senate appoints P the following members to the conference committee: Senator Marty Knollenberg Senator Jim Marleau Senator Coleman Young II Thank you for your prompt consideration of this matter. May 24, 2016 ursuant to Joint Rule 3, the House, having non-concurred in the Senate substitute (S-1) to HB 5329, the Senate appoints P the following members to the conference committee: Senator Goeff Hansen Senator Patrick Colbeck Senator Coleman Young II Thank you for your prompt consideration of this matter. Respectfully yours, Arlan B. Meekhof Senate Majority Leader 30th Senate District The communications were referred to the Secretary for record. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. The President pro tempore, Senator Schuitmaker, resumed the Chair. enators Warren, Ananich, Hertel, Bieda, Gregory, Hopgood and Hood offered the following resolution: S Senate Resolution No. 182. A resolution to urge the Governor to ban nonessential state business travel to North Carolina and other states that have enacted laws that are unwelcoming to lesbian, gay, bisexual, transgender, and queer (LGBTQ) persons. Whereas, North Carolina has enacted legislation blocking local governments from passing anti-discrimination ordinances that ban discrimination based on sexual orientation and gender identity. Furthermore, North Carolina’s dangerous and discriminatory legislation bars transgender persons from using bathrooms and changing facilities that correspond to their gender identity and, instead, requires them to use only facilities that match their biological sex assigned at birth; and Whereas, The U.S. Department of Justice has filed suit against the state, the governor, and the University of North Carolina for engaging in a pattern of sex discrimination that violates the Civil Rights Act of 1964; and Whereas, In a free society, the equal rights of all citizens must be protected, and the will of the many cannot be the basis for discrimination against the few. In Michigan, our values compel us to promote fairness, protect the welfare of our citizens, and oppose discrimination; and Whereas, Michigan should not sanction discrimination by allowing state dollars and business to flow to states where equal rights under the law are not respected. Several other states, municipalities, and major companies are refusing to do business in North Carolina based on this principle. Michigan should do the same; and No. 51] [May 24, 2016] JOURNAL OF THE SENATE 819 Whereas, So long as a law exists in North Carolina or any other state that creates the grounds for discrimination against some citizens, all requests for state-funded or state-sponsored travel to the state of North Carolina or any similarly situated state should be prohibited, unless it is necessary to enforce Michigan law, meet prior contractual obligations, or for the protec­ tion of public health, welfare, and safety; now, therefore, be it Resolved by the Senate, That we urge the Governor to ban nonessential state business travel to North Carolina and other states that have enacted laws that are unwelcoming to lesbian, gay, bisexual, transgender, and queer (LGBTQ) persons; and be it further Resolved, That a copy of this resolution be transmitted to the Governor. Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations. Senator Knezek was named co‑sponsor of the resolution. Introduction and Referral of Bills Senator Ananich introduced Senate Bill No. 979, entitled A bill to provide for the establishment of municipal recovery and development authorities in certain local governments; to provide for the powers and duties of a municipal recovery and development authority; to authorize the levy and collection of a property tax by a municipal recovery and development authority; to provide for the issuance of bonds, notes, and other obligations; to authorize certain investments; and to provide for the powers and duties of certain government officials. The bill was read a first and second time by title and referred to the Committee on Local Government. Senator Jones introduced Senate Bill No. 980, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 6107 (MCL 500.6107), as added by 1992 PA 174. The bill was read a first and second time by title and referred to the Committee on Insurance. Senator Schmidt introduced Senate Bill No. 981, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 525 (MCL 436.1525), as amended by 2014 PA 353. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senator Schuitmaker introduced Senate Bill No. 982, entitled A bill to amend 1998 PA 434, entitled “Uniform fraudulent transfer act,” by amending the title and sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 (MCL 566.31, 566.32, 566.33, 566.34, 566.35, 566.36, 566.37, 566.38, 566.39, 566.40, 566.41, 566.42, and 566.43), section 1 as amended by 2009 PA 44 and section 8 as amended by 2000 PA 362, and by adding sections 14 and 15. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Schuitmaker introduced Senate Bill No. 983, entitled A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 122 (MCL 450.1122), as amended by 2001 PA 57. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Schuitmaker introduced Senate Bill No. 984, entitled A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending section 122 (MCL 450.2122), as amended by 2014 PA 557. The bill was read a first and second time by title and referred to the Committee on Judiciary. 820 JOURNAL OF THE SENATE [May 24, 2016] [No. 51 Senator Schuitmaker introduced Senate Bill No. 985, entitled A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 24a (MCL 552.624a), as amended by 2002 PA 572. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Kowall introduced Senate Bill No. 986, entitled A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” by amending sections 653 and 655 (MCL 550.1653 and 550.1655), as added by 2013 PA 4. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Horn, MacGregor, Shirkey, Proos and Stamas introduced Senate Bill No. 987, entitled A bill to amend 2011 PA 142, entitled “Health insurance claims assessment act,” by amending section 3 (MCL 550.1733), as amended by 2014 PA 162. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. Senators Stamas, Shirkey, Proos, Horn and MacGregor introduced Senate Bill No. 988, entitled A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending sections 2 and 6 (MCL 12.252 and 12.256), section 2 as amended by 2005 PA 232, and by adding section 11. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. Senators MacGregor, Horn, Proos, Shirkey and Stamas introduced Senate Bill No. 989, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 3f and 21 (MCL 205.93f and 205.111), section 3f as amended by 2014 PA 161 and section 21 as amended by 2015 PA 263. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. Senators Shirkey, Proos and Stamas introduced Senate Bill No. 990, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 51f. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. House Bill No. 5494, entitled A bill to amend 2004 PA 378, entitled “Public body law enforcement agency act,” by amending sections 6 and 7 (MCL 28.586 and 28.587). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5495, entitled A bill to amend 2000 PA 246, entitled “Wolf-dog cross act,” by amending section 2 (MCL 287.1002). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5496, entitled A bill to amend 2004 PA 403, entitled “Michigan unarmed combat regulatory act,” by amending section 33 (MCL 338.3633), as amended by 2015 PA 183. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. No. 51] [May 24, 2016] JOURNAL OF THE SENATE 821 House Bill No. 5497, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 2a, and 12a (MCL 28.421, 28.422a, and 28.432a), sections 1 and 12a as amended by 2015 PA 207 and section 2a as amended by 2016 PA 6. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5498, entitled A bill to amend 2006 PA 563, entitled “An act to restrict the use and disclosure of certain statements made by law enforcement officers,” by amending section 1 (MCL 15.391). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5499, entitled A bill to amend 2001 PA 185, entitled “Legislative sergeant at arms police powers act,” by amending section 2 (MCL 4.382). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5500, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 42 and 726c (MCL 257.42 and 257.726c), as amended by 2012 PA 529. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5501, entitled A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending section 2 (MCL 287.1102), as amended by 2013 PA 8. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5521, entitled A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending sections 2 and 4a (MCL 722.952 and 722.954a), section 2 as amended by 1997 PA 172 and section 4a as amended by 2010 PA 265. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. Statements Senator O’Brien asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. 822 JOURNAL OF THE SENATE [May 24, 2016] [No. 51 enator O’Brien’s statement is as follows: S “I think of the joy people have brought into my life, not the sorrow of losing them. I like to remember people how they were in life.” This was spoken by Ms. Anna Whitten when reflecting on the loss of her father just before her 13th birthday. She had such incredible wisdom then, and she gave it all to our community. She passed away a week and a half ago at the age of 95. Proverbs 22:1 says, “A good name is rather to be chosen than great riches.” The crowd gathered at her funeral is evidence of Ms. Anna’s good name and of the love that Ms. Anna gave so freely. Wherever she went, her love and compassion for others were obvious. She could sit quietly in a room, yet she was never alone. Ms. Anna attracted people to her just simply by being present. It is clear that Ms. Anna’s life has been filled with purpose, and she has fulfilled that purpose. Ms. Anna started each morning with a simple prayer: “Dear Lord, let me be a blessing in someone’s life.” Now she leaves a legacy through all who knew her to carry out—a legacy of family, compassion, humility, and generosity; a legacy to be a blessing to someone. Ms. Anna’s commitment to public service in our community is unrivaled. As the longest-serving trustee on Kalamazoo Valley Community College’s Board of Trustees for 48 years, she used her position to improve educational opportunities for young people, to offer a different perspective, and to ensure that no one was left behind. That wasn’t enough for her. She volunteered in so many other places. In fact, she said, “If I think something is uplifting and something of importance to the community, I will be there helping to get it off the ground.” Her belief was that things could always be made better. Ms. Anna did this throughout her life, whether it was marching to ensure equal opportunity in housing, education, or employment or in mentoring others as they worked to bring about change. It did not take a formal, organized event to make changes. She often showed her strength through quiet, seemingly simple actions. She was able to integrate her husband’s barber shop, ensure fair and equal treatment for all races at a local restaurant, and offer guidance to those who found them­ selves in trouble. Ms. Anna Whitten’s greatest accomplishment, however, is her family. She is cherished by many of them, including her grandchildren and great-grandchildren. In fact, she raised her great-granddaughter Nicole Jennings on her own. In an inter­ view when Ms. Anna was asked how many grandchildren she has, she laughed and replied, “Anybody who calls me Granny, I always welcome them.” It is no surprise that in 1999 the Kalamazoo County Board of Commissioners named her a county treasure. Earlier this year at a birthday celebration organized by her great-granddaughter Nicole, she was recognized by a crowd of friends and family members for being a hero to all. Her humility was really evident that night. As people stood up to share what Ms. Anna meant to them, she seemed in awe of how everyone felt. When I recited the highlights of the highlights of her life in a state tribute, she whispered to me, “Does it really say all of that?” It seems she was not aware of the everlasting impact on our community that she has made. As we reflect on our own lives, I would like to leave you with some of my favorite quotes from Ms. Anna that stay with me daily. “Service is the rent we pay here on earth.” “You can bring out the best in people if you give them a little bit of attention and you believe in them.” “A life is better lived than talked about.” “Don’t worry about how much longer you will live, just live.” I hope that her words and, more importantly, her actions inspire you as they have inspired me. Now that Ms. Anna is in heaven looking down on my community and all of us, we can be assured that when she reached the Pearly Gates, God said to her, “Good job, my faithful servant.” A moment of silence was observed in memory of Anna Whitten, longest-serving member of the Kalamazoo Valley Community College Board of Trustees. Committee Reports The Committee on Families, Seniors and Human Services reported Senate Bill No. 884, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 109 (MCL 400.109), as amended by 2012 PA 48. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson Nays: None The bill was referred to the Committee of the Whole. No. 51] [May 24, 2016] JOURNAL OF THE SENATE 823 The Committee on Families, Seniors and Human Services reported House Bill No. 4022, entitled A bill to provide for certain powers and duties for foster care caseworkers; to require monitoring of credit-related activity in foster children’s names; and to provide for the powers and duties for certain courts, state departments, and agencies. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Families, Seniors and Human Services submitted the following: T Meeting held on Wednesday, May 18, 2016, at 3:00 p.m., Room 210, Farnum Building Present: Senators Emmons (C), Pavlov, Jones, Casperson and Johnson Scheduled Meetings Commerce - Wednesday, May 25, 8:30 a.m., Room 210, Farnum Building (373-5312) Conference Committee Community Colleges (SB 784) - Thursday, May 26, 11:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Criminal Justice Policy Commission - Wednesday, June 1, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Energy and Technology - Wednesday, May 25, 2:30 p.m. and Thursday, May 26, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Michigan Competitiveness - Wednesday, May 25, 8:00 a.m., Thursday, May 26, and Tuesday, May 31, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5314) Oversight - Thursday, May 26, 8:30 a.m., Room 100, Farnum Building (373-5314) Regulatory Reform - Wednesday, May 25, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323) Senate Fiscal Agency Board of Governors - Thursday, June 9, 9:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Transportation - Thursday, May 26, 8:30 a.m., Room 210, Farnum Building (373-5312) Veterans, Military Affairs and Homeland Security - Thursday, May 26, 1:00 p.m., Room 110, Farnum Building (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:58 a.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Wednesday, May 25, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 824 No. 52 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Wednesday, May 25, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—present Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 826 JOURNAL OF THE SENATE [May 25, 2016] [No. 52 Pastor Paul Davis of Calvary Baptist Church of Holland offered the following invocation: Gracious Father, we come to You because You are the God of Providence. You have created and sustain all things, and You reign over the entire universe. You have revealed Yourself through Your Son Jesus Christ, who is the radiance of Your glory. It is through Him that we have life, forgiveness, and peace with You. All that is in the heavens and the earth is Yours, and in Your hands is the power to make great and to give strength. We thank You, Lord, for You have abundantly blessed our beloved Michigan. Who are we that You would bless us so. There is nothing in us worthy of Your lovingkindness. Yet You are so generous, and we so often see joy on the faces of the people who live here because of Your blessings. Lord, would You bless this chamber and its members. Would You give our Senators hearts that would keep Your command­ ments, minds filled with Your wisdom, and hands quick to serve Your people. Would You bless our state. Would You help us to love and serve one another, to care for the poor and the fatherless, and to protect those in danger, especially those children who cannot defend themselves. Father, would You bless this country, this one nation under God. Help us to walk justly, to love mercy, and to walk humbly with You all of our days. Would You protect us from those who would destroy us from without and from our own sin, greed, and selfishness. We pray all of this in the name of Your Son and our Savior Jesus Christ. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Nofs entered the Senate Chamber. enator Kowall moved that Senators Knollenberg, Marleau and Proos be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Johnson and Young be temporarily excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Young and MacGregor admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Senator Proos entered the Senate Chamber. The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, May 24: House Bill Nos. 5106 5113 5380 5514 The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, May 24, for his approval the following bills: Enrolled Senate Bill No. 606 at 1:20 p.m. Enrolled Senate Bill No. 458 at 1:22 p.m. Enrolled Senate Bill No. 818 at 1:24 p.m. The Secretary announced that the following bills were printed and filed on Tuesday, May 24, and are available at the Michigan Legislature website: Senate Bill Nos. 979 980 981 982 983 984 985 986 987 988 989 990 House Bill Nos. 5678 5679 5680 5681 5682 5683 5684 5685 5686 5687 5688 5689 No. 52] [May 25, 2016] JOURNAL OF THE SENATE 827 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:11 a.m. 10:25 a.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. During the recess, Senator MacGregor introduced the Rockford/Sparta High School Gymnastics Team, 2016 MHSAA Division I State Champions, and presented them with a Special Tribute. Ms. Lori Faulkner, on behalf of the head coach, responded briefly. During the recess, Senators Marleau and Knollenberg entered the Senate Chamber. enator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Hansen admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Senator Young entered the Senate Chamber. Senator Kowall moved that the Committee on Natural Resources be discharged from further consideration of the following resolutions: Senate Resolution No. 107. A resolution to urge the Governor to reject the request by the city of Waukesha, Wisconsin, to divert water from the Great Lakes. enate Resolution No. 173. S A resolution to oppose the requested diversion of water from Lake Michigan by the city of Waukesha, Wisconsin. The motion prevailed, a majority of the members serving voting therefor, and the resolutions were placed on the order of Resolutions. Senator Kowall moved that the rules be suspended and that the following resolutions, now on the order of Resolutions, be placed on the Resolutions calendar for consideration today: Senate Resolution No. 107 Senate Resolution No. 173 The motion prevailed, a majority of the members serving voting therefor. Senator Hansen asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Hansen’s statement is as follows: Folks, today is a great day in the Capitol. If you will notice, I have come around and everyone has one pound of asparagus on their desks. We look for this day every single year to make sure that we get our yearly supply of asparagus from Oceana County, so that you will have some of the best from the sunshine of Oceana County on your desks. Also today, we have the 2015 Asparagus Queen, Courtney Cox, with us. She has joined us as they do every year to talk about and help promote the asparagus industry. She is accompanied by the queen mom, the coordinator, Christine Rickert who has been there every single year making sure everything goes smoothly. Since being crowned in 2015, Courtney has traveled the state promoting the asparagus industry for Oceana County. The sad news is that today is one of her final duties as queen. I would like to tell her thank you for her commitment and for spending time, energy, and effort making sure everyone understands how important asparagus is to the state of Michigan and Oceana County. Congratulations on a great year and all the work. 828 JOURNAL OF THE SENATE [May 25, 2016] [No. 52 Messages from the Governor The following message from the Governor was received on May 24, 2016, and read: EXECUTIVE ORDER No. 2016-10 State of Energy Emergency Waiver of Regulations Relating to Motor Carriers and Drivers Transporting Petroleum Products WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and WHEREAS, Section 3 of 1982 PA 191, MCL 10.83, and Executive Order No. 2015-10 (Section VIII) authorizes the Governor to declare a State of Energy Emergency upon notification of an impending energy emergency by the Executive Director of the Michigan Agency for Energy, or upon the Governor’s own initiative, if the Governor finds that an energy emergency exists or is imminent; and WHEREAS, the West Shore pipeline—a common carrier petroleum pipeline—from Milwaukee to Green Bay, Wisconsin has been shut down since March 10, 2016 for emergency repairs. This pipeline transports petroleum products to six Green Bay terminals where it is then loaded on tanker trucks and transported to fueling stations in the Upper Peninsula of Michigan. The shutdown of the pipeline has resulted in longer driving distances, wait times, and working hours for gasoline and other motor fuels transporters, causing drivers to reach maximum weekly driving and on-duty limits more quickly than normal; and WHEREAS, this pipeline shutdown is affecting the availability of gasoline and other motor fuel supplies in most of the Upper Peninsula, creating temporary shortages and shipment delays that may potentially impact the health, safety, and economic well-being of the citizens of Michigan who depend on these products, and the ability of transporters to supply the products in accordance with federal motor carrier regulations and requirements; and WHEREAS, additional infrastructure outages such as the temporary Marathon Refinery shutdown and the Alberta wild­ fires are aligning to cause tightening in the petroleum supply markets resulting in longer driving distances, crowded petroleum terminals, and extended wait times for motor fuels transporters in the Lower Peninsula; and WHEREAS, it is in the best interests of the state of Michigan to provide for the safe transportation of gasoline and other motor fuels within this state, and that appropriate measures be taken in response to an imminent energy emergency to assure that gasoline and other motor fuels supplies will remain sufficient to protect the health, safety, and welfare of Michigan residents and visitors; and WHEREAS, under Section 4 of 1982 PA 191, MCL 10.84, during a declared State of Energy Emergency, the Governor may, by executive order, suspend a statute, order, rule of a state agency, or specific provision of a statute, rule, or order if strict compliance with the statute, order, rule, or a specific provision of the statute, rule, or order will prevent, hinder, or delay necessary action in coping with the energy emergency; and WHEREAS, Federal Motor Carrier Safety Administration regulations found at 49 CFR 390.23, and Michigan Public Act 181 of 1963, MCL 480.11a, provide the Governor with the authority to exempt motor carriers and drivers transporting gasoline and other motor fuels within Michigan from the hours-of-service regulations and requirements specified in 49 CFR Part 395 and MCL 480.11a, to address transportation needs arising from the impact of this energy emergency; NOW, THEREFORE, I, RICHARD D. SNYDER, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and 1982 PA 191, MCL 10.81 to 10.87, order the following: 1. A State of Energy Emergency is declared in the state of Michigan. 2. Motor carriers and drivers transporting gasoline and other motor fuels to address the transportation and supply needs arising from the current emergency, are exempt from compliance with MCL 480.11a and any other applicable state statute, order, or rule substantially similar to MCL 480.11a, and 49 CFR Part 395. Any such provision of a state statute, order, or rule is suspended. This exemption and suspension applies to all highways in Michigan, including the national system of interstate and defense highways. 3. This Order applies only to gasoline and other transportation fuels. No other petroleum products are covered by the exemption and suspension under this Order. 4. No motor carrier or driver operating under the terms of this Order shall require or allow an ill or fatigued driver to operate a motor vehicle. Any driver who informs a carrier that he or she needs immediate rest shall be given at least ten consecutive off-duty hours before the driver is required to return to work. 5. Nothing in this Order shall be construed as an exemption from applicable controlled substances and alcohol use and testing requirements (49 CFR Part 382 and any similar state statute, order, or rule), the commercial driver’s license requirements (49 CFR Part 383 and any similar state statute, order, or rule), the financial responsibility requirements (49 CFR Part 387 and any similar state statute, order, or rule), applicable size and weight requirements, or any portion of federal and state regulations not specifically identified. 6. Motor carriers or drivers currently subject to an out-of-service order are not eligible for the exemption and suspension until the out-of-service order expires or the conditions for rescission have been satisfied. No. 52] [May 25, 2016] JOURNAL OF THE SENATE 829 7. The Michigan Department of State Police requires that drivers for motor carriers operating under the Declaration of Energy Emergency must have a copy of the Declaration of Energy Emergency in their possession. 8. The Commercial Vehicle Enforcement Division of the Michigan Department of State Police shall coordinate state compliance with this Order. This Order is effective upon filing and remains in effect until it is rescinded or 11:59:59 p.m. EDT, June 6, 2016, whichever first occurs. Given under my hand and the Great Seal of the state of [SEAL] Michigan this 24th day of May, in the Year of our Lord Two Thousand Sixteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. Senator Johnson entered the Senate Chamber. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Colbeck as Chair­ person. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 833, entitled A bill to amend 1966 PA 291, entitled “Firefighters training council act,” by amending sections 2, 13, and 14 (MCL 29.362, 29.373, and 29.374), as amended by 2006 PA 213. House Bill No. 4578, entitled A bill to amend 2000 PA 321, entitled “Recreational authorities act,” by amending section 3 (MCL 123.1133), as amended by 2003 PA 135. Senate Bill No. 954, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2001, 2004, and 2012 (MCL 339.2001, 339.2004, and 339.2012), section 2001 as amended by 1998 PA 218, section 2004 as amended by 2009 PA 143, and section 2012 as amended by 2002 PA 495; and to repeal acts and parts of acts. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 189, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 2421b, 2421c, 2421d, and 2421e (MCL 600.2421b, 600.2421c, 600.2421d, and 600.2421e), as added by 1984 PA 197. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 190, entitled A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 123 (MCL 24.323), as added by 1984 PA 196. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. 830 JOURNAL OF THE SENATE [May 25, 2016] [No. 52 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 886, entitled A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 71, 72, 80, 87, and 115 (MCL 24.271, 24.272, 24.280, 24.287, and 24.315), section 71 as amended by 1984 PA 28, section 80 as amended by 1984 PA 196, and section 115 as amended by 1996 PA 489. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 647, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1168. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 4787 House Bill No. 4830 House Bill No. 5131 House Bill No. 5132 House Bill No. 5133 Senate Bill No. 885 Senate Bill No. 956 Senate Bill No. 957 House Bill No. 5512 The motion prevailed. The following bill was read a third time: House Bill No. 4787, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 213a. The question being on the passage of the bill, Senator Hertel offered the following amendment: 1. Amend page 2, following line 7, by inserting: “(3) SUBSECTION (1)(B) DOES NOT APPLY TO A PHYSICIAN WHO COMMUNICATES HIS OR HER MEDICAL OPINION TO A PREGNANT WOMAN THAT SHE SHOULD NOT CONTINUE A PREGNANCY, IF THAT MEDICAL OPINION IS BASED ON THE PHYSICIAN’S MEDICAL TRAINING AND EXPERIENCE.” and renumbering the remaining subsections. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 326 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Rocca No. 52] [May 25, 2016] JOURNAL OF THE SENATE 831 Nays—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Excused—0 Not Voting—0 In The Chair: President Protest Senator Jones, under his constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of the amendment offered by Senator Hertel to House Bill No. 4787 and moved that the statement he made during the discussion of the amend­ ment be printed as his reasons for voting “no.” The motion prevailed. Senator Jones’ statement is as follows: I urge a “no” vote on this amendment. Sound medical advice is not coercion. This bill specifically talks about coercive abortions, and a doctor’s advice would absolutely not be considered that. Senator Bieda offered the following amendments: 1. Amend page 2, line 15, after “THAN” by striking out “$5,000.00” and inserting “$500.00”. 2. Amend page 2, line 20, after “THAN” by striking out “$10,000.00” and inserting “$500.00”. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 327 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Rocca Nays—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor 832 JOURNAL OF THE SENATE [May 25, 2016] [No. 52 Excused—0 Not Voting—0 In The Chair: President Protest Senator Jones, under his constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of the amendments offered by Senator Bieda to House Bill No. 4787 and moved that the statement he made during the discussion of the amend­ ments be printed as his reasons for voting “no.” The motion prevailed. Senator Jones’ statement is as follows: I would recommend a “no” vote on this amendment. We had testimony in committee of pimps dragging women who had been victims of human trafficking across parking lots to abortion clinics. We had testimony of a woman beaten in the face with a gun. Is $5,000 enough? Probably not; it should be higher. Vote “no.” Senator Warren offered the following amendment: 1. Amend page 2, following line 2, by inserting: “(C) USE KNOWLEDGE OF THE PREGNANCY TO INTERFERE WITH THE PREGNANT FEMALE’S DECISIONS ABOUT HER FUTURE HEALTH CARE RELATED TO THE PREGNANCY.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 328 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Rocca Nays—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Excused—0 In The Chair: President Not Voting—0 No. 52] [May 25, 2016] JOURNAL OF THE SENATE 833 Protest Senator Jones, under his constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of the amendment offered by Senator Warren to House Bill No. 4787 and moved that the statement he made during the discussion of the amend­ ment be printed as his reasons for voting “no.” The motion prevailed. Senator Jones’ statement is as follows: A woman has every right to make a decision under law. What this bill is all about is coercing someone to take the life of a baby against her will. This amendment should be a stand-alone bill and will be considered. However, I urge a “no” vote on the amendment. he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 329 Yeas—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Nays—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Rocca Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”. The Senate agreed to the full title. Protest Senator Bieda, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 4787 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.” The motion prevailed. 834 JOURNAL OF THE SENATE [May 25, 2016] [No. 52 enator Bieda’s statement is as follows: S This is always an emotional issue and tugs at a person’s conscience when dealing with the underlying issue. When we look at the bills before us today, they are dealing with crime and punishment issues. They are setting up standards on how to punish someone for certain types of behavior. Regardless of how you feel about Roe v. Wade, these bills should be concerning. These bills would criminalize a person for coercing a woman to have an abortion against her will, but they would not criminalize someone who coerces a woman to continue a pregnancy. Reproductive coercion is a serious issue, but there is very little evidence that shows coerced abortion is a pervasive problem. Certainly, no one in this room, whether you vote “yes” or “no” on this bill, would say that coercing a woman to have an abortion against her will is something we should condone or allow. In the vast majority of cases, the data clearly shows that reproductive coercion takes the form of forcing a woman to become pregnant, forcing a woman to complete the pregnancy, and sabotaging a woman’s choice of contraceptives. So why aren’t these bills addressing what all studies point to as the real problem? The answer, unfortunately, is because these bills are purely political. We already have laws that protect women from coercion and discrimination that supporters of these bills say they are trying to address. The aggravated stalking law, MCL 540.411, protects against coercive behavior. The Elliott-Larsen Civil Rights Act provides protections for women who face discrimination because of their pregnancy. Health care providers are already required to conduct screenings and ensure patients considering abortions are doing so freely. Michigan’s existing informed consent law already requires a woman’s consent to an abortion is given freely and with­ out coercion. In short, these bills are unnecessary and, unfortunately, the language is dangerously vague. They are based on a dangerous rhetoric that markets abortion as harmful and that women only seek abortions because they are confused, misled, or coerced. That is hardly the reality. I am extremely concerned about the unintended consequences of these bills and how they can be interpreted by the courts. As lawmakers, that is our fundamental responsibility. The bill has a number of issues that are problematic. For example, the amendment I presented has a $10,000 misde­ meanor fine. If we are going to look at something and say we will give a $10,000 fine for misdemeanors when the average is $500, perhaps we should be looking at felony convictions. I think this throws our whole sentencing and fines structure out of whack. For this and many other reasons, I have voted “no” on these bills today. I encourage my colleagues to do the same. Senators Hertel, Bieda, Warren, Emmons and Jones asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Hertel’s statement is as follows: Health care professionals should be the first line of defense when it comes to screening victims of reproductive coercion. We should be supporting policies that equip health care providers with the tools they need to make that process easier and more effective. My amendment will protect doctors and health care professionals who give women medical advice regarding their pregnancies. It’s crucial that we in no way criminalize doctors who are delivering educated medical facts to their patients. I urge your support of this commonsense amendment. enator Bieda’s statement is as follows: S While we were hearing testimony on these bills in committee, I brought up the point that the misdemeanor fines that are in there are $5,000 and $10,000. At the time, I questioned the amount of that because it seemed absurdly high for a misde­ meanor charge. Since that time, I have had a chance to research and found that the highest fines and the most common fines for misdemeanors are a monetary penalty of $500, which is the most common penalty for misdemeanors in the state. My amendment would change the $5,000 and $10,000 fines to the acceptable and most common fine of $500. enator Warren’s statement is as follows: S I think we can all agree that no woman should have to make serious decisions about her health and her future under duress. If the goal of this bill, if the will of this chamber, is truly to help women, to help victims and survivors of domestic violence and reproductive coercion, then we better make darn sure that this bill covers all forms of reproductive coercion. That’s why my amendment would prohibit interfering with a woman’s decision related to her pregnancy. If we’re going to say today that it’s unacceptable to coerce a woman to have an abortion, into terminating a pregnancy, it should be equally unacceptable to coerce a woman into continuing a pregnancy that may not be in her best interest, or what she needs for her health, mental well-being, or for her future. Women’s decisions about pregnancy and health care should be freely made, and the passage of this amendment would help ensure that. No. 52] [May 25, 2016] JOURNAL OF THE SENATE 835 Senator Emmons’ statement is as follows: I would like to take a moment to address this issue prior to our vote. Today’s the 10th anniversary of the first piece of leg­ isla­tion in Michigan that made human trafficking a crime in this state. We’ve worked to give the tools to our prosecutors, our law enforcement, our common citizens, and our judiciary to address the heinous crime of human trafficking. Today, we are dealing with an issue where someone is in a situation and they’re being trafficked and forced to kill the child living within them, which is one of the most heinous things you can do to a victim and, ultimately, a survivor. We need to all remember that there are two people involved here—the mother and the child. We are forcing mothers to live with that for the rest of their lives, that they have killed the child they were bearing. I would ask that you support this and carry this message throughout your districts. Our survivors need tools like this. I thank you for the consideration. enator Jones’ statement is as follows: S Mr. President, through you to the distinguished colleague from the 9th District, $10,000 isn’t enough. A misdemeanor is not enough; it should be a felony. I would be happy to sit down and revisit this with you and consider felony charges. Let’s send a strong message today to the pimps and the people out there human trafficking women that as they drag them across the parking lot, they’re facing large fines. Let’s consider making it prison too. The following bill was read a third time: House Bill No. 4830, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16l of chapter XVII (MCL 777.16l), as amended by 2011 PA 202. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 330 Yeas—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Nays—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Rocca Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged 836 JOURNAL OF THE SENATE [May 25, 2016] [No. 52 with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5131, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 22, 26, 703, and 711 (MCL 206.22, 206.26, 206.703, and 206.711), section 22 as amended by 2003 PA 51, section 26 as amended by 2011 PA 38, section 703 as amended by 2014 PA 295, and section 711 as amended by 2011 PA 193. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 331 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President The President pro tempore, Senator Schuitmaker, assumed the Chair. he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain No. 52] [May 25, 2016] JOURNAL OF THE SENATE 837 commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5132, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” (MCL 205.51 to 205.78) by adding section 21a; and to repeal acts and parts of acts. The question being on the passage of the bill, Senator Knezek offered the following amendment: 1. Amend page 4, following line 22, by inserting: “Enacting section 3. The legislature shall annually appropriate sufficient funds from the state general fund to the state school aid fund created in section 11 of article IX of the state constitution of 1963 to fully compensate for any loss of revenue to the state school aid fund resulting from the enactment of this amendatory act.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 332 Ananich Bieda Gregory Hertel Yeas—14 Hood Knezek Warren Hopgood O’Brien Young Horn Rocca Zorn Johnson Nays—23 Booher Hansen MacGregor Robertson Brandenburg Hildenbrand Marleau Schmidt Casperson Hune Meekhof Schuitmaker Colbeck Jones Nofs Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 333 Yeas—36 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca 838 JOURNAL OF THE SENATE [May 25, 2016] Booher Hildenbrand Brandenburg Hopgood Casperson Horn Colbeck Hune Emmons Johnson Green Jones Gregory Knezek [No. 52 MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—1 Hood Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5133, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” (MCL 205.91 to 205.111) by adding section 13a; and to repeal acts and parts of acts. The question being on the passage of the bill, Senator Knezek offered the following amendment: 1. Amend page 4, following line 21, by inserting: “Enacting section 3. The legislature shall annually appropriate sufficient funds from the state general fund to the state school aid fund created in section 11 of article IX of the state constitution of 1963 to fully compensate for any loss of revenue to the state school aid fund resulting from the enactment of this amendatory act.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 334 Yeas—14 Ananich Hood Knezek Warren Bieda Hopgood O’Brien Young Gregory Horn Rocca Zorn Hertel Johnson No. 52] [May 25, 2016] JOURNAL OF THE SENATE 839 Nays—23 Booher Hansen MacGregor Robertson Brandenburg Hildenbrand Marleau Schmidt Casperson Hune Meekhof Schuitmaker Colbeck Jones Nofs Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 335 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,”. The Senate agreed to the full title. 840 JOURNAL OF THE SENATE [May 25, 2016] [No. 52 The following bill was read a third time: Senate Bill No. 885, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 545 (MCL 436.1545), as added by 2010 PA 213. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 336 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 956, entitled A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending section 12 (MCL 205.432), as amended by 2014 PA 272. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 337 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen No. 52] [May 25, 2016] JOURNAL OF THE SENATE 841 Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 957, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20161 (MCL 333.20161), as amended by 2015 PA 104. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 338 Yeas—35 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Knollenberg Robertson Nays—2 Colbeck Hune Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5512, entitled A bill to amend 2012 PA 615, entitled “Michigan energy assistance act,” by amending section 6 (MCL 400.1236). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 842 Roll Call No. 339 JOURNAL OF THE SENATE [May 25, 2016] [No. 52 Yeas—34 Ananich Hildenbrand MacGregor Rocca Bieda Hood Marleau Schmidt Booher Hopgood Meekhof Schuitmaker Brandenburg Horn Nofs Shirkey Casperson Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Kowall Nays—3 Colbeck Emmons Hune Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide energy assistance for low-income households; and to prescribe certain powers and duties of certain state departments and agencies,”. The Senate agreed to the full title. By unanimous consent the Senate returned to the order of Motions and Communications The following communications were received and read: Office of the Senate Majority Leader May 25, 2016 ursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to SB 786, removes Senator Phil P Pavlov and appoints Senator Dave Hildenbrand to the conference committee. Thank you for your prompt consideration of this matter. May 25, 2016 ursuant to Joint Rule 3, the Senate, having non-concurred in the House substitute (H-1) to SB 796, removes Senator Phil P Pavlov and appoints Senator Dave Hildenbrand to the conference committee. Thank you for your prompt consideration of this matter. Respectfully yours, Arlan B. Meekhof Senate Majority Leader 30th Senate District The communications were referred to the Secretary for record. No. 52] [May 25, 2016] JOURNAL OF THE SENATE 843 Messages from the House Senate Bill No. 569, entitled A bill to amend 1978 PA 30, entitled “An act to provide for the creation and use of budget stabilization funds by counties, cities, villages, and townships,” by amending section 3 (MCL 141.443). The House of Representatives has passed the bill and ordered that the bill be given immediate effect. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 784, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 201 and 201a (MCL 388.1801 and 388.1801a), as amended by 2015 PA 85. The House of Representatives has appointed Reps. Muxlow, Bizon and Yanez as conferees to join with Sens. Booher, Schuitmaker and Knezek. The bill was referred to the Conference Committee. Senate Bill No. 786, entitled A bill to make appropriations for the department of education for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The House of Representatives has appointed Reps. Potvin, Kelly and Pagan as conferees to join with Sens. Hansen, Pavlov and Hopgood. The bill was referred to the Conference Committee. Senate Bill No. 787, entitled A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The House of Representatives has appointed Reps. Victory, Aaron Miller and Sarah Roberts as conferees to join with Sens. Green, MacGregor and Hopgood. The bill was referred to the Conference Committee. Senate Bill No. 790, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 236 and 236a (MCL 388.1836 and 388.1836a), as amended by 2015 PA 85. The House of Representatives has appointed Reps. McCready, Muxlow and Singh as conferees to join with Sens. Schuitmaker, MacGregor and Hertel. The bill was referred to the Conference Committee. Senate Bill No. 792, entitled A bill to make appropriations for the judiciary for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The House of Representatives has appointed Reps. Poleski, Cox and Hoadley as conferees to join with Sens. Proos, Schuitmaker and Young. The bill was referred to the Conference Committee. Senate Bill No. 793, entitled A bill to make appropriations for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The House of Representatives has appointed Reps. Afendoulis, McCready and Faris as conferees to join with Sens. Knollenberg, Marleau and Young. The bill was referred to the Conference Committee. 844 JOURNAL OF THE SENATE [May 25, 2016] [No. 52 Senate Bill No. 795, entitled A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. The House of Representatives has appointed Reps. Bumstead, Inman and Sarah Roberts as conferees to join with Sens. Green, Booher and Hopgood. The bill was referred to the Conference Committee. Senate Bill No. 796, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), section 11 as amended by 2015 PA 139 and section 17b as amended by 2007 PA 137. The House of Representatives has appointed Reps. Kelly, Potvin and Sarah Roberts as conferees to join with Sens. Hansen, Pavlov and Hopgood. The bill was referred to the Conference Committee. Senate Bill No. 801, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 4, 6, 11, 11a, 11j, 11k, 11m, 15, 18, 19, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25e, 25f, 25g, 26a, 26b, 26c, 31a, 31d, 31f, 31h, 32d, 32p, 35, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 55, 56, 61a, 61b, 62, 64b, 65, 67, 74, 81, 94, 94a, 95a, 98, 99c, 99h, 99s, 101, 102d, 104, 104b, 104c, 104d, 107, 147, 147a, 147c, 152a, 166b, 201, 201a, 202a, 203, 206, 207, 207a, 207b, 207c, 209, 210b, 212, 217, 219, 220, 222, 224, 225, 226, 229a, 230, 236, 236a, 236b, 236c, 237b, 238, 241, 246, 251, 252, 254, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 274c, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 289, and 290 (MCL 388.1603, 388.1604, 388.1606, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1619, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622g, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625e, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1631h, 388.1632d, 388.1632p, 388.1635, 388.1635a, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1655, 388.1656, 388.1661a, 388.1661b, 388.1662, 388.1664b, 388.1665, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699c, 388.1699h, 388.1699s, 388.1701, 388.1702d, 388.1704, 388.1704b, 388.1704c, 388.1704d, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1766b, 388.1801, 388.1801a, 388.1802a, 388.1803, 388.1806, 388.1807, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810b, 388.1812, 388.1817, 388.1819, 388.1820, 388.1822, 388.1824, 388.1825, 388.1826, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1837b, 388.1838, 388.1841, 388.1846, 388.1851, 388.1852, 388.1854, 388.1856, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1874c, 388.1875, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, 388.1889, and 388.1890), sections 3, 203, 207, 212, 219, 220, 238, 251, and 254 as amended and section 237b as added by 2012 PA 201, sections 4, 6, 98, 107, 230, and 256 as amended by 2016 PA 56, sections 11, 21f, 31a, and 32d as amended by 2015 PA 139, sections 11a, 11j, 11k, 11m, 15, 20, 20d, 20f, 20g, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31d, 31f, 32p, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b, 74, 81, 94, 94a, 95a, 99h, 101, 104, 104b, 104c, 147, 147a, 147c, 152a, 201, 201a, 206, 207a, 207b, 207c, 209, 210b, 217, 222, 225, 226, 229a, 236, 236a, 236b, 236c, 241, 246, 252, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 25g, 31h, 35, 35a, 55, 61b, 65, 67, 99c, 99s, 102d, 104d, and 274c as added by 2015 PA 85, section 18 as amended by 2015 PA 114, sections 19, 202a, 224, and 275 as amended by 2014 PA 196, section 166b as amended by 2015 PA 222, and sections 289 and 290 as amended by 2013 PA 60, and by adding sections 11s, 21, 31j, 32q, 54b, 59, 61c, 61d, 61e, 63, 99t, 152b, 210e, and 286a; and to repeal acts and parts of acts. The House of Representatives has appointed Reps. Pscholka, Kelly and Santana as conferees to join with Sens. Hildenbrand, Meekhof and Hopgood. The bill was referred to the Conference Committee. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. No. 52] [May 25, 2016] JOURNAL OF THE SENATE 845 enate Resolution No. 107. S A resolution to urge the Governor to reject the request by the city of Waukesha, Wisconsin, to divert water from the Great Lakes. The question being on the adoption of the resolution, The resolution was adopted. Senator Warren asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Warren’s statement is as follows: As Michiganders, we all know that protecting our Great Lakes is of the utmost importance. Many of us in this room, when we were serving in the chamber across the dome, voted and supported the passage of the Great Lakes Compact, which entered us into an agreement with the eight Great Lakes states and the two Canadian provinces that border our lakes on the other side to protect our Great Lakes from any new or increased water diversions. Currently pending is the first challenge to that compact. The city of Waukesha, Wisconsin, wants to divert water despite the fact that their population falls outside of the Great Lakes Basin. My thanks to all of you who co‑sponsored this resolution. You know how important this is. Our role here today is very clear. The compact and the agreement have very specific standards in place to govern when and why increased water diversions can be made, and the city of Waukesha, Wisconsin’s, request has failed to meet those high standards. They are requesting water far beyond their projected needs for both the city itself and additional surrounding communities, which are outside the Great Lakes Basin. They have failed to search for alternative water uses and water sources for their use, and they are not undertaking strong water conservation measures like we have implemented here in our state. Yet despite these concerning facts, last week, representatives of the Great Lakes states and provinces voted in favor of letting Waukesha divert water. This is the important part colleagues. Next month, governors from each of the eight Great Lakes states represented by the compact will meet to vote. A vote for the diversion must be unanimous. That’s why it is critical that we add our voices today to call on our Governor to reject this diversion. I need your support today. We have to pass this resolution and send a strong signal, because there is quite literally no good reason to allow a new diversion of water for the city of Waukesha. If we make this exception today, what’s next? What community will come and ask? What will stop us from making another? Where do we draw the line? We must be good stewards of our precious natural resources. Please join me in supporting this resolution today to send a Pure Michigan message to our Governor to protect our Great Lakes. enate Resolution No. 173. S A resolution to oppose the requested diversion of water from Lake Michigan by the city of Waukesha, Wisconsin. The question being on the adoption of the resolution, The resolution was adopted. enators O’Brien and Schuitmaker offered the following resolution: S Senate Resolution No. 183. A resolution to designate May 2016 as Honor and Remember Month. Whereas, The freedom and security that citizens of the United States enjoy today are the direct result of the bloodshed and continued vigilance of the United States Armed Forces throughout the history of our great nation; and Whereas, These sacrifices of the members of the United States Armed Forces and their family members have preserved the liberties that have enriched this nation, making it unique in the world community; and Whereas, The Honor and Remember program seeks to reassure families of two things: The sacrifice of their loved one was not in vain, and the nation will not forget them; and Whereas, Honor and Remember Month will place special emphasis on recognizing all generations of fallen military heroes; and Whereas, It is the mission of the Honor and Remember organization to promote a nationally-recognized flag that encourages awareness and remembrance of all military lives lost in defense of our country; and Whereas, This month will provide an opportunity for every citizen to learn about the cost of liberty and bring attention to the lives lost in securing our freedom; and Whereas, May is nationally proclaimed as Honor and Remember Month for all of our fallen military, all generations, all causes of death, and all service branches; now, therefore, be it Resolved by the Senate, That the members of this legislative body designate May 2016 as Honor and Remember Month in the state of Michigan. 846 JOURNAL OF THE SENATE [May 25, 2016] [No. 52 ending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, P Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Colbeck, Gregory, Hildenbrand, Jones, Knollenberg, Kowall, Proos, Rocca and Schmidt were named co‑sponsors of the resolution. Senators Zorn, Horn, Robertson, Pavlov, Booher, Brandenburg, Hansen, Schuitmaker, MacGregor and Proos offered the following resolution: Senate Resolution No. 184. A resolution commemorating July 3-9, 2016, as Aquatic Invasive Species Awareness Week. Whereas, Michigan and its economy are defined by the Great Lakes and depend on its great abundance of fresh water for manufacturing, tourism, fishing, public water supplies, agriculture, and numerous other uses; and Whereas, Preventing the introduction of aquatic invasive species ultimately benefits Michigan. Stopping the introduction of these species would eliminate the need of the state, business, industry, and citizens from employing costly methods to control and manage them; and Whereas, Michigan has taken the lead in protecting the Great Lakes from aquatic invasive species from a number of pathways, including ballast water, canals and waterways, organisms in trade, and recreational activities; and Whereas, Over 180 nonindigenous aquatic species are established in the Great Lakes Basin, many of which are displacing native species, disrupting habitats, and degrading natural, managed, and agricultural landscapes, resulting in millions of dollars for control efforts each year; and Whereas, Michigan has over 900,000 registered boaters and many other recreational, commercial, and industrial users of over 11,000 inland lakes and over 36,000 miles of rivers and streams, many of which are impacted by aquatic invasive species; and Whereas, Aquatic invasive species awareness is an important first step toward behavior change which prevents the introduction and spread of aquatic invasive species; and Whereas, Spring marks the beginning of water-related recreational activities in Michigan; and Whereas, Aquatic Invasive Species Awareness Week is an opportunity for government to join forces with business, industry, environmental groups, community organizations, and citizens to take action against the introduction and spread of aquatic invasive species; now, therefore, be it Resolved by the Senate, That we hereby commemorate July 3-9, 2016, as Aquatic Invasive Species Awareness Week in the state of Michigan; and be it further Resolved, That all citizens are encouraged to increase their understanding and awareness of aquatic invasive species and their environmental and economic impacts, and take preventative measures to stop the introduction and spread of aquatic invasive species; and be it further Resolved, That copies of this resolution be transmitted to the Michigan Department of Environmental Quality, Michigan Department of Agriculture and Rural Development, Michigan Department of Natural Resources, Michigan Department of Transportation, Great Lakes Fishery Commission, Council of Great Lakes Governors, Michigan congressional delegation, and Great Lakes Commission. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Gregory, Hildenbrand, Jones, Knollenberg, Kowall, Marleau, Rocca and Schmidt were named co‑sponsors of the resolution. enator Schuitmaker offered the following resolution: S Senate Resolution No. 185. A resolution to commemorate May 2016 as Lupus Awareness Month. Whereas, Each year, the lupus agencies of Michigan designate May as Lupus Awareness Month to show support for the 1.5 million Americans and 5 million people worldwide who suffer from the often debilitating effects of lupus, a chronic autoimmune disease that can cause severe damage to the tissue and organs in the body and, in some cases, death; and Whereas, Thousands of people are newly diagnosed with lupus each year, the great majority of whom are young people in the prime of their lives and 90 percent of whom are women; and Whereas, Lupus is most prevalent among African Americans, Hispanics, Native Americans, and Asians. Tragically, thou­ sands of people die from lupus each year because a cure remains elusive; and No. 52] [May 25, 2016] JOURNAL OF THE SENATE 847 hereas, There is a continued need for increased public and professional awareness of lupus; and W Whereas, Medical research efforts into lupus and the discovery of safer, more effective treatments for lupus patients are underfunded in comparison with diseases of comparable magnitude and severity; and Whereas, Increasing community awareness and focusing public attention on lupus and its devastating impact on people’s lives will provide hope for a better future for those affected; and Whereas, The Michigan Lupus Foundation is dedicated to improving the quality of life for individuals with lupus and their loved ones by providing education, support, and outreach services and promoting programs of awareness, advocacy, and research; and Whereas, This legislative body recognizes the needs of those chronically-ill people who are living with lupus. We urge all citizens to support the search for a cure and assist those individuals and families who deal with this devastating disease on a daily basis; now, therefore, be it Resolved by the Senate, That we hereby commemorate May 2016 as Lupus Awareness Month in the state of Michigan; and be it further Resolved, That copies of this resolution be transmitted to the Michigan Lupus Foundation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Gregory, Hildenbrand, Jones, Knollenberg, Kowall, MacGregor, Marleau, Proos and Schmidt were named co‑sponsors of the resolution. Introduction and Referral of Bills Senator Robertson introduced Senate Bill No. 991, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1 (MCL 205.51), as amended by 2016 PA 8. The bill was read a first and second time by title and referred to the Committee on Finance. Senators MacGregor, Nofs, Casperson, Booher, Brandenburg and Schmidt introduced Senate Bill No. 992, entitled A bill to provide for the operation and regulation of unmanned aerial systems in this state; to provide for the powers and duties of state and local governmental officers and entities; and to prohibit conduct related to the operation of unmanned aerial systems and prescribe penalties. The bill was read a first and second time by title and referred to the Committee on Transportation. Senator Casperson introduced Senate Bill No. 993, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1181. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senator Casperson introduced Senate Bill No. 994, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending sections 8 and 9 (MCL 259.8 and 259.9), as amended by 2002 PA 35, and by adding section 97. The bill was read a first and second time by title and referred to the Committee on Transportation. Senators Kowall, Jones, Stamas, Brandenburg, Warren, Hertel, Colbeck, Schmidt, Marleau, Horn and Ananich introduced Senate Bill No. 995, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 2b, 602b, 643, 643a, and 665 (MCL 257.2b, 257.602b, 257.643, 257.643a, and 257.665), sections 2b and 665 as added and section 602b as amended by 2013 PA 231, and by adding sections 40c, 606b, and 665a; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Economic Development and Inter­ national Investment. 848 JOURNAL OF THE SENATE [May 25, 2016] [No. 52 Senators Kowall, Jones, Stamas, Brandenburg, Warren, Hertel, Colbeck, Schmidt, Marleau, Horn and Ananich introduced Senate Bill No. 996, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 665b. The bill was read a first and second time by title and referred to the Committee on Economic Development and Inter­ national Investment. Senators Warren, Kowall, Jones, Stamas, Brandenburg, Hertel, Colbeck, Schmidt, Marleau, Horn and Ananich introduced Senate Bill No. 997, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 2b and 601a (MCL 257.2b and 257.601a), section 2b as added by 2013 PA 231 and section 601a as amended by 2011 PA 115, and by adding section 665a. The bill was read a first and second time by title and referred to the Committee on Economic Development and Inter­ national Investment. Senators Horn, Kowall, Jones, Stamas, Brandenburg, Warren, Hertel, Schmidt, Marleau and Ananich introduced Senate Bill No. 998, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2949b (MCL 600.2949b), as added by 2013 PA 251. The bill was read a first and second time by title and referred to the Committee on Economic Development and Inter­ national Investment. House Bill No. 5106, entitled A bill to amend 1967 PA 150, entitled “Michigan military act,” by amending section 151 (MCL 32.551), as amended by 2013 PA 99. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. House Bill No. 5113, entitled A bill to amend 1939 PA 178, entitled “An act to provide for the collection of water or sewage system rates, assess­ ments, charges, or rentals; and to provide a lien for water or sewage system services furnished by municipalities as defined by this act,” by amending section 2 (MCL 123.162), as amended by 1981 PA 132. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Local Government. House Bill No. 5380, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2082 (MCL 500.2082). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Insurance. House Bill No. 5514, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 834, 835, and 836b (MCL 500.834, 500.835, and 500.836b), section 834 as amended and section 836b as added by 2014 PA 571 and section 835 as amended by 1982 PA 221, and by adding section 835a. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Insurance. Statements Senators Emmons and Hood asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. No. 52] [May 25, 2016] JOURNAL OF THE SENATE 849 Senator Emmons’ statement is as follows: I would like to make note that today marks 10 years since Public Act 162 of 2006 was sponsored by then-Representative Phil Pavlov. It was signed into law and made human trafficking a crime in Michigan. This historic law was the first step in Michigan to crack down on a criminal industry which is second only to illegal drugs. It devastates the lives of women, children, girls, and boys every year. In the years since PA 162, we have acted to further protect our citizens. In 2014, we enacted 21 comprehensive and landmark reforms to help stop his heinous form of slavery and support its survivors. As the Senate point person on this issue, I personally met with trafficked survivors and anti-trafficking activists across Michigan to develop solutions. Now Michigan has some of the strongest human trafficking laws. Public Acts 324-344 of 2014 punishes traffickers, supports survivors, and increases awareness and training. Among the 2014 laws were provisions to increase penalties for soliciting a minor prostitute, add those who have solicited a minor prostitute to the sex offender registry, create a safe harbor for minor survivors of trafficking, and establish a permanent human trafficking commission. As a result of the Senate’s efforts, the Protected Innocence Challenge, which reports on the state of child sex trafficking laws in the U.S., named Michigan as the most improved state. Sadly, human trafficking is all too real, but still clouded in shadow. This is why we continue to focus on raising awareness. I will continue to hold and attend numerous forms of outreach and other events across the state to shine the light on his heinous issue. On June 13 at 10:00 a.m., we will hold a press conference launching our next assault directed at human trafficking. Beginning 10 years ago with Public Act 162 and continuing with 21 new laws in 2014, Michigan has sent a loud and clear statement that we are serious about protecting women and children, prosecuting traffickers, and rescuing and assisting survivors. We will continue our program on June 13 and ask that you would join us. Please fight this fight against human trafficking. It will be long and tough, but it is a fight we must continue and we must win. enator Hood’s statement is as follows: S As many of you know, last year I introduced two bills addressing a growing problem of people attacking sports referees. My direct goal was to avoid a tragedy like the one that happened to a Metro Detroit volunteer soccer referee, John Bieniewicz, who was killed when he was punched after a call he made on the soccer field. He was ultimately killed by a player with that punch. The chairman of the Judiciary Committee from the 24th District understands this issue and held a hearing on the bills, and the bills were voted out of that committee. Referees came from all over the state to tell their own terrible stories on confrontations by irate fans, participants, parents, family members, etc. Unfortunately, the bad news keeps coming. If you saw yesterday’s headlines—are you ready for this? A 41-year-old man assaulted a 16-year-old. Let me repeat that. A 41-year-old man assaulted a 16-year-old referee at a youth soccer match this week. Now get this: The teenager who was assaulted was refereeing a U-11 game, and that means that the participants are all under 11 years of age. The madness has to stop. We have a solution before us here in the Senate, and that is to take a good look at these bills and pass some legislation. A lot of times in my career here in the Legislature, I have heard advocates of bills say, “We want to send a message.” Well, it’s time we send a message about violence against referees. Let’s tell the people that it is not appropriate to go after a referee. Cheer for your team and cheer for your school, but don’t walk onto the field and attack a referee. Madam President, I am asking this body to move forward so that we don’t lose another life, and we don’t send messages to our children that it’s OK to assault people who are in authoritative positions. On the field, referees are the law, and their rules have to be abided by. These are the rules that we have to teach our children, how to follow rules, and those rules are put there for a purpose. I ask for urgency in continuing to move this legislation forward. I hope that this body will do that. Committee Reports The Committee on Agriculture reported Senate Bill No. 774, entitled A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 2111, 3115, 3123, 4116, and 6115 (MCL 289.2111, 289.3115, 289.3123, 289.4116, and 289.6115), section 2111 as amended by 2015 PA 61, section 3115 as amended by 2015 PA 142, section 3123 as amended by 2007 PA 113, and sections 4116 and 6115 as amended by 2007 PA 114. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson 850 JOURNAL OF THE SENATE [May 25, 2016] [No. 52 To Report Out: Yeas: Senators Hune, Green, Schmidt, Booher and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Agriculture reported Senate Bill No. 403, entitled A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” (MCL 287.331 to 287.340) by adding section 8b. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Green, Schmidt, Booher and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Agriculture reported Senate Bill No. 727, entitled A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 1105, 3113, and 6101 (MCL 289.1105, 289.3113, and 289.6101), section 1105 as amended by 2014 PA 516 and section 6101 as amended by 2012 PA 178. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Schmidt and Johnson Nays: Senator Green The bill was referred to the Committee of the Whole. The Committee on Agriculture reported House Bill No. 5050, entitled A bill to repeal 1929 PA 72, entitled “An act to encourage the breeding of horses; to regulate the public service of stallions; to require the registration of stallions; to provide for the compilation and publication of statistics relative to horse breeding; to provide for a lien; to provide penalties for the violation of this act; and to repeal Act No. 256 of the Public Acts of 1911, as amended by Act No. 75 of the Public Acts of 1921,” (MCL 287.201 to 287.210). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Green, Schmidt, Booher and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Agriculture reported House Bill No. 5051, entitled A bill to repeal 1889 PA 226, entitled “An act to provide for the collection of specific taxes from corporations, copartner­ ships, parties or persons, subject under any laws of this state to the payment of such taxes; to fix the time when such taxes become a lien upon the property of such corporations, copartnerships, parties or persons, and to define the property to which the lien shall attach; and to repeal Act No. 57 of the session laws of 1872, approved March twenty-ninth, 1872, and Acts No. 10 and 11 of the session laws of 1873, approved February fourteenth, 1873, being sections numbered 1249 to 1256, both inclusive, of Howell’s annotated statutes of 1882,” (MCL 207.441 to 207.447). No. 52] [May 25, 2016] JOURNAL OF THE SENATE 851 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Green, Schmidt, Booher and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Agriculture reported House Bill No. 5052, entitled A bill to repeal 1913 PA 340, entitled “An act to prevent and punish the sale of immature and unwholesome calves, pigs, kids and lambs,” (MCL 289.251 to 289.253). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Green, Schmidt, Booher and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Agriculture reported House Bill No. 5053, entitled A bill to amend 1939 PA 309, entitled “An act to provide for the regulation, registration, identification and licensing of dogs; to prescribe the powers and duties of the commissioner of agriculture with respect thereto; to prescribe penalties for violation of the provisions of this act; and to declare the effect of this act,” by repealing sections 1, 2, 3, 4, 5, 6, and 7 (MCL 287.301, 287.302, 287.303, 287.304, 287.305, 287.306, and 287.307). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Green, Schmidt, Booher and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Agriculture reported House Bill No. 5054, entitled A bill to amend 1931 PA 189, entitled “The insect pest and plant disease act,” by repealing section 12 (MCL 286.212). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Green, Schmidt, Booher and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Agriculture reported House Bill No. 5055, entitled A bill to repeal 1983 PA 220, entitled “An act to authorize the department of agriculture to acquire for purposes of eminent domain any interests in property necessary to remove and dispose of silos treated with polychlorinated biphenyls; to require the execution of a subrogation agreement under certain circumstances; to create a fund; and to prescribe the powers and duties of the attorney general,” (MCL 288.451 to 288.454). 852 JOURNAL OF THE SENATE [May 25, 2016] [No. 52 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Green, Schmidt, Booher and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Agriculture reported House Bill No. 5059, entitled A bill to repeal 1962 PA 213, entitled “An act to encourage the raising of started pullets; to provide for the inspection and certification as to the age, condition and health of started pullets; to define certain terms; to provide authority to establish and collect fees; to impose certain responsibilities on the department of agriculture; to grant authority to make rules and regulations to carry out the purpose of this act; and to prescribe penalties for violation thereof,” (MCL 287.171 to 287.175). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Green, Schmidt, Booher and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Agriculture reported House Bill No. 5060, entitled A bill to repeal 1929 PA 134, entitled “An act to provide for the regulation of the sale of live stock and poultry remedies, defining same; to provide for their licensing and registration, labeling, inspection and analyses; to prohibit the sale of fraudulent or adulterated remedies; to provide for guarantees regarding ingredients; to provide for the collection of license fees from manufacturers of or dealers in these remedies; to provide for penalties for the violation of the provisions of this act; to authorize the expenditure of the funds derived from the license fees, and repeal all acts or parts of acts in conflict,” (MCL 287.141 to 287.150). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Green, Schmidt, Booher and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Agriculture reported House Bill No. 5392, entitled A bill to amend 1965 PA 329, entitled “Michigan seed law,” by amending section 11 (MCL 286.711), as amended by 1996 PA 86. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Green, Schmidt, Booher and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. No. 52] [May 25, 2016] JOURNAL OF THE SENATE 853 COMMITTEE ATTENDANCE REPORT he Committee on Agriculture submitted the following: T Meeting held on Tuesday, May 24, 2016, at 8:30 a.m., Room 110, Farnum Building Present: Senators Hune (C), Green, Schmidt, Booher and Johnson COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Tuesday, May 24, 2016, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Excused: Senator Hune Scheduled Meetings Conference Committees Community Colleges (SB 784) - Thursday, May 26, 11:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Education (SB 786) - Tuesday, May 31, 12:30 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Environmental Quality (SB 787) - Thursday, May 26, 2:30 p.m., Rooms 402 and 403, Capitol Building (373-2768) K-12 School Aid (SB 796) - Tuesday, May 31, 12:00 noon, Harry T. Gast Appropriations Room, 3rd Floor, Capitol Build­ ing (373-2768) Military and Veterans Affairs (HB 5256) - Tuesday, May 31, 9:00 a.m., Room 424, Capitol Building (373-8080) State Police (HB 5263) - Tuesday, May 31, 8:30 a.m., Room 424, Capitol Building (373-8080) Transportation (HB 5329) - Tuesday, May 31, 9:30 a.m., Room 424, Capitol Building (373-8080) Criminal Justice Policy Commission - Wednesday, June 1, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Energy and Technology - Thursday, May 26, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Michigan Competitiveness - Thursday, May 26 and Tuesday, May 31, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5314) Oversight - Thursday, May 26, 8:30 a.m., Room 100, Farnum Building (373-5314) Senate Fiscal Agency Board of Governors - Thursday, June 9, 9:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Transportation - Thursday, May 26, 8:30 a.m., Room 210, Farnum Building (373-5312) Veterans, Military Affairs and Homeland Security - Thursday, May 26, 1:00 p.m., Room 110, Farnum Building (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:52 a.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, May 26, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 854 No. 53 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Thursday, May 26, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—present Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 856 JOURNAL OF THE SENATE [May 26, 2016] [No. 53 Pastor Dave Beetham of Kalamazoo Covenant Church of Kalamazoo offered the following invocation: O Lord, we come before You today and we thank You for this nation. We thank You for the freedoms that we have. We thank You for the peace that we as a nation feel so often. God, we know that this comes at a heavy price. On this day, we remember those who have fallen; those fathers, those mothers, those sons, and those daughters who have given us our freedom, who fought proudly, and, Lord, those who still fight for us. God, we thank You for them. Lord, we thank You for those families who support them, encourage them, and love them. Lord, I pray that You be with us today. I pray that You be with this group of leadership. Lord, I pray for our Governor, that You give him wisdom. I pray for these leaders who sit in these chairs day after day leading our state, that You be with them as well, and give them Your great wisdom. God, I pray that You bless this state of Michigan. I pray in Your holy name. Amen. Motions and Communications Senator Green entered the Senate Chamber. The following communication was received and read: Office of the Senate Majority Leader May 25, 2016 ursuant to Joint Rule 3, the House having non-concurred in the Senate substitute (S-1) to HB 5329, the Senate removes P Senator Patrick Colbeck and appoints Senator Marty Knollenberg to the conference committee. Thank you for your prompt consideration of this matter. Respectfully yours, Arlan B. Meekhof Senate Majority Leader 30th Senate District The communication was referred to the Secretary for record. The Secretary announced that the following House bill was received in the Senate and filed on Wednesday, May 25: House Bill No. 5230 The Secretary announced that the following bills were printed and filed on Wednesday, May 25, and are available at the Michigan Legislature website: Senate Bill Nos. 991 992 993 994 995 996 997 998 House Bill Nos. 5690 5691 5692 5693 5694 5695 5696 5697 5698 5699 enator Kowall moved that Senator Hildenbrand be temporarily excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of the Senate admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor and Gallery. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:06 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. 10:57 a.m. No. 53] [May 26, 2016] JOURNAL OF THE SENATE 857 During the recess, Senator Colbeck presented the 22nd Annual Memorial Day Ceremony “Gone But Not Forgotten” in honor of the military personnel who served during wartime. The ceremony was accompanied by the Michigan Army National Color Guard, Military Funeral Honors Color Guard, Kalamazoo Pipe Band, and Veteran Post Commanders. Senator O’Brien led the members of the Senate and guests in recital of the Pledge of Allegiance. Senator Colbeck introduced Deborah Drick, former Senate employee and Blue Star Mother, who sang the “National Anthem.” Senators Colbeck and Gregory acknowledged members of the Michigan Department of Military and Veterans Affairs, House of Representatives who have served in the military, Gold Star family members, and individuals currently and formerly serving in the armed forces. Senator Colbeck introduced keynote speaker, Lieutenant John A. Clark, U.S. Air Force and Michigan Air National Guard. Senator Stamas conducted a roll call of the Michigan fallen soldiers since the 2015 Memorial Day Ceremony, and Senators Brandenburg and O’Brien acknowledged them with memorial flags. Sergeant First Class Timothy W. Szymanski, Michigan Army National Guard, played “Taps.” The Kalamazoo Pipe Band played “Amazing Grace.” Senator Knezek presented the display, “Missing Man Table,” which represents and honors missing veterans, or POWs and MIAs. During the recess, Senator Hildenbrand entered the Senate Chamber. Committee Reports The Committee on Commerce reported Senate Bill No. 878, entitled A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 405 (MCL 484.1405), as amended by 2011 PA 271. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor, O’Brien and Hertel Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Commerce reported Senate Bill No. 908, entitled A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2, 3, 4, 7, 8, 8a, 11, 13, 14, 15, 15a, and 16 (MCL 125.2652, 125.2653, 125.2654, 125.2657, 125.2658, 125.2658a, 125.2661, 125.2663, 125.2664, 125.2665, 125.2665a, and 125.2666), section 2 as amended by 2013 PA 67, section 3 as amended by 2000 PA 145, sections 4, 8, 13, 15, and 16 as amended and section 8a as added by 2012 PA 502, section 7 as amended by 2002 PA 413, and section 15a as amended by 2014 PA 20, and by adding sections 13a and 13b; and to repeal acts and parts of acts. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor, O’Brien and Hertel Nays: None The bill was referred to the Committee of the Whole. The Committee on Commerce reported Senate Bill No. 909, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sec­tions 19511, 19512, and 19513 (MCL 324.19511, 324.19512, and 324.19513), as added by 1995 PA 60. 858 JOURNAL OF THE SENATE [May 26, 2016] [No. 53 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor, O’Brien and Hertel Nays: None The bill was referred to the Committee of the Whole. The Committee on Commerce reported Senate Bill No. 910, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 19601, 19607, 19608, and 19608a (MCL 324.19601, 324.19607, 324.19608, and 324.19608a), sections 19601 and 19607 as added by 1998 PA 288, section 19608 as amended by 2012 PA 446, and section 19608a as added by 2003 PA 253, and by adding section 19608b. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor, O’Brien and Hertel Nays: None The bill was referred to the Committee of the Whole. The Committee on Commerce reported Senate Bill No. 911, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 19508, 19509, and 19510 (MCL 324.19508, 324.19509, and 324.19510), as added by 1995 PA 60. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor, O’Brien and Hertel Nays: None The bill was referred to the Committee of the Whole. The Committee on Commerce reported Senate Bill No. 912, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 19609, 19610, 19611, and 19612 (MCL 324.19609, 324.19610, 324.19611, and 324.19612), sections 19609, 19610, and 19611 as added by 1998 PA 288 and section 19612 as amended by 2014 PA 115, and by adding section 19610a. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor, O’Brien and Hertel Nays: None The bill was referred to the Committee of the Whole. The Committee on Commerce reported Senate Bill No. 913, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 20108b (MCL 324.20108b), as amended by 2010 PA 233. No. 53] [May 26, 2016] JOURNAL OF THE SENATE 859 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor, O’Brien and Hertel Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Commerce submitted the following: T Meeting held on Wednesday, May 25, 2016, at 8:30 a.m., Room 210, Farnum Building Present: Senators Schmidt (C), Kowall, MacGregor, O’Brien and Hertel The Committee on Judiciary reported Senate Bill No. 976, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2015 PA 201. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5442, entitled A bill to prescribe the public threat alert system as the official response to public threat situations in this state; and to provide for the powers and duties of certain state and local governmental officers and authorities. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5567, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1f of chapter IX (MCL 769.1f), as amended by 2012 PA 331. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. 860 JOURNAL OF THE SENATE [May 26, 2016] [No. 53 COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, May 24, 2016, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda The Committee on Michigan Competitiveness reported Senate Bill No. 933, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 4b to chapter XI. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Stamas, Robertson, Proos and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Michigan Competitiveness reported Senate Bill No. 934, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 2 of chapter XI (MCL 771.2), as amended by 2010 PA 351. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Stamas, Robertson, Proos and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Michigan Competitiveness reported Senate Bill No. 935, entitled A bill to create the supervising region incentive program act; to create the supervising region incentive fund; to provide for use of the fund; and to provide for the powers and duties of certain state and local governmental officers and entities. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Stamas, Robertson, Proos and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Michigan Competitiveness reported Senate Bill No. 948, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending the chapter heading and sections 3, 4, 5, and 6 of chapter XIA (MCL 771A.3, 771A.4, 771A.5, and 771A.6), as added by 2012 PA 616. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Stamas, Robertson, Proos and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. No. 53] [May 26, 2016] JOURNAL OF THE SENATE 861 The Committee on Michigan Competitiveness reported Senate Bill No. 949, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 1086. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Stamas, Robertson, Proos and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Michigan Competitiveness reported Senate Bill No. 987, entitled A bill to amend 2011 PA 142, entitled “Health insurance claims assessment act,” by amending section 3 (MCL 550.1733), as amended by 2014 PA 162. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Stamas, Robertson, Proos and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Michigan Competitiveness reported Senate Bill No. 988, entitled A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending sections 2 and 6 (MCL 12.252 and 12.256), section 2 as amended by 2005 PA 232, and by adding section 11. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Stamas, Robertson, Proos and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Michigan Competitiveness reported Senate Bill No. 989, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 3f and 21 (MCL 205.93f and 205.111), section 3f as amended by 2014 PA 161 and section 21 as amended by 2015 PA 263. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Stamas, Robertson, Proos and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Michigan Competitiveness reported Senate Bill No. 990, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 51f. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson 862 JOURNAL OF THE SENATE [May 26, 2016] [No. 53 To Report Out: Yeas: Senators Shirkey, Stamas, Robertson, Proos and Warren Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Michigan Competitiveness submitted the following: T Meeting held on Wednesday, May 25, 2016, at 8:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Stamas, Robertson, Proos and Warren COMMITTEE ATTENDANCE REPORT he Committee on Regulatory Reform submitted the following: T Meeting held on Wednesday, May 25, 2016, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Rocca (C), Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson COMMITTEE ATTENDANCE REPORT he Committee on Oversight submitted the following: T Meeting held on Thursday, May 26, 2016, at 8:30 a.m., Room 100, Farnum Building Present: Senators MacGregor (C), Kowall, Stamas, Schuitmaker and Gregory Scheduled Meetings Banking and Financial Institutions - Tuesday, May 31, 2:30 p.m., Room 100, Farnum Building (373-5323) Conference Committees Agriculture and Rural Development (HB 5268) - Tuesday, May 31, 9:45 a.m., Room 426, Capitol Building (373-8080) Corrections (HB 5272) - Wednesday, June 1, 9:30 a.m., Room 426, Capitol Building (373-8080) Education (SB 786) - Tuesday, May 31, 12:30 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Insurance and Financial Services (HB 5306) - Tuesday, May 31, 9:50 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-8080) K-12 School Aid (SB 796) - Tuesday, May 31, 12:00 noon, Harry T. Gast Appropriations Room, 3rd Floor, Capitol Build­ ing (373-2768) Military and Veterans Affairs (HB 5256) - Tuesday, May 31, 9:00 a.m., Room 424, Capitol Building (373-8080) State Police (HB 5263) - Tuesday, May 31, 9:30 a.m., Room 424, Capitol Building (373-8080) Transportation (HB 5329) - Tuesday, May 31, 9:30 a.m., Room 426, Capitol Building (373-8080) Criminal Justice Policy Commission - Wednesday, June 1, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Judiciary - Tuesday, May 31, 3:00 p.m., Room 110, Farnum Building (373-1721) Local Government - Tuesday, May 31, 12:30 p.m., Room 100, Farnum Building (373-5312) Michigan Competitiveness - Tuesday, May 31, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5314) Senate Fiscal Agency Board of Governors - Thursday, June 9, 9:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Veterans, Military Affairs and Homeland Security - Tuesday, May 31, 12:30 p.m., Room 110, Farnum Building (373-5314) No. 53] [May 26, 2016] JOURNAL OF THE SENATE 863 enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:16 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, May 31, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 864 No. 54 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Tuesday, May 31, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—present Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 866 JOURNAL OF THE SENATE [May 31, 2016] [No. 54 Pastor Kerby Fannin of Word of Promise Church of Addison offered the following invocation: Dear heavenly Father, Yahweh, we thank You for this day, knowing that it belongs to You. We thank You for Your blessings, for Your provision, and for Your protection. We know that all things, including this state and this government, also belong to You. As You so clearly revealed through the prophet Daniel, Your kingdom is an everlasting kingdom, and Your dominion is from generation to generation. It is You who rules in the kingdom of men, and You give it to whomever You will. You have given great responsibility to each man and woman in this Senate Chamber to govern on Your behalf for the people of this great state of Michigan. You promise blessings to those who listen to Your voice and curses upon those who refuse to hear Your word. We ask You to forgive us for our sins, including our unforgiveness of others who remain in our hearts, which keeps us from calling upon You and prevents us from hearing Your voice. You tell us that a man’s heart devises his way, but You direct his steps. Now we pray for Your blessing upon each person in this chamber, and pray that each Senator will seek Your wisdom, guidance, and direction in every decision that they make. We ask all this in the name of Jesus, Yahshua. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Meekhof and Hopgood entered the Senate Chamber. Senator Kowall moved that Senators Brandenburg, Casperson, Green, Knollenberg and Schuitmaker be temporarily excused from today’s session. The motion prevailed. enator Hood moved that Senator Johnson be temporarily excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Schuitmaker and Shirkey admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. The following communications were received: Department of State Administrative Rules Notices of Filing May 19, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-077-HS (Secretary of State Filing #16-05-04) on this date at 3:51 p.m. for the Department of Health and Human Services entitled, “MSA Provider Hearings.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. May 19, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-011-LR (Secretary of State Filing #16-05-03) on this date at 3:51 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Land Corner Recordation - General Rules.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. No. 54] [May 31, 2016] JOURNAL OF THE SENATE 867 May 19, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2011-002-LR (Secretary of State Filing #16-05-02) on this date at 3:52 p.m. for the Department of Licensing and Regulatory Affairs entitled, “New and Existing School, College, and University Fire Safety.” These rules become effective 30 days after filing with the Secretary of State. May 24, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-048-LR (Secretary of State Filing #16-05-05) on this date at 3:23 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Basic Local Exchange Service Customer Migration.” These rules become effective June 17, 2016. May 25, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-107-LR (Secretary of State Filing #16-05-06) on this date at 2:42 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Ionizing Radiation Rules Governing the Use of Radiation Machines.” These rules take effect upon filing with the Secretary of State of Michigan. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The following communication was received: Office of Senator John Proos I would like to co‑sponsor the two autonomous vehicle bills, SBs 995 and 996. Truly, Senator Proos The communication was referred to the Secretary for record. May 25, 2016 The following communication was received: Office of Senator Steven M. Bieda May 25, 2016 er Senate Rule 1.110(c), I am requesting that my name be added immediately as a co‑sponsor to Senate Bill 898, P which was introduced on April 19, 2016 by Senator Rebekah Warren and is currently in the Senate Finance Committee. Sincerely, Steve Bieda State Senator 9th District The communication was referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Thursday, May 26: House Bill Nos. 5164 5165 5571 5649 5650 The Secretary announced the enrollment printing and presentation to the Governor on Thursday, May 26, for his approval the following bill: Enrolled Senate Bill No. 738 at 2:06 p.m. The Secretary announced that the following bills were printed and filed on Thursday, May 26, and are available at the Michigan Legislature website: House Bill Nos. 5700 5701 5702 5703 5704 5705 5706 5707 868 JOURNAL OF THE SENATE [May 31, 2016] [No. 54 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:05 a.m. 10:53 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senators Johnson, Green, Knollenberg, Brandenburg, Schuitmaker and Casperson entered the Senate Chamber. enator Kowall moved that rule 2.106 be suspended to allow committees to meet during Senate session. S The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today: Senate Bill No. 557 The motion prevailed, a majority of the members serving voting therefor. Messages from the Governor The following messages from the Governor were received: Date: May 25, 2016 Time: 9:32 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 409 (Public Act No. 125), being An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 7340c (MCL 333.7340c), as added by 2014 PA 217. (Filed with the Secretary of State on May 25, 2016, at 10:14 a.m.) Date: May 25, 2016 Time: 9:34 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 410 (Public Act No. 126), being An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for No. 54] [May 31, 2016] JOURNAL OF THE SENATE 869 bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2014 PA 218. (Filed with the Secretary of State on May 25, 2016, at 10:16 a.m.) Date: May 25, 2016 Time: 8:38 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 343 (Public Act No. 136), being An act to amend 1980 PA 300, entitled “An act to provide a retirement system for the public school employees of this state; to create certain funds for this retirement system; to provide for the creation of a retirement board; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; to authorize and make appropriations for the retirement system; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 41 and 41a (MCL 38.1341 and 38.1341a), as amended by 2012 PA 300. (Filed with the Secretary of State on May 26, 2016, at 11:04 a.m.) Date: May 25, 2016 Time: 8:40 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 344 (Public Act No. 137), being An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 533 (MCL 436.1533), as amended by 1998 PA 416. (Filed with the Secretary of State on May 26, 2016, at 11:06 a.m.) Date: May 25, 2016 Time: 8:42 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 501 (Public Act No. 138), being An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation 870 JOURNAL OF THE SENATE [May 31, 2016] [No. 54 of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 302a (MCL 257.302a), as amended by 2006 PA 298. (Filed with the Secretary of State on May 26, 2016, at 11:08 a.m.) Date: May 25, 2016 Time: 8:44 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 659 (Public Act No. 139), being An act to amend 2008 PA 525, entitled “An act to establish the fostering futures scholarship trust fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations,” by amending section 3 (MCL 722.1023), as amended by 2014 PA 530. (Filed with the Secretary of State on May 26, 2016, at 11:10 a.m.) Date: May 25, 2016 Time: 8:46 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 719 (Public Act No. 141), being An act to amend 2005 PA 244, entitled “An act to regulate the business of providing deferred presentment service transactions; to require the licensing of providers of deferred presentment service transactions; to prescribe powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies,” by amending section 35 (MCL 487.2155). (Filed with the Secretary of State on May 26, 2016, at 11:14 a.m.) Date: May 25, 2016 Time: 8:48 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 607 (Public Act No. 140), being An act to amend 2005 PA 244, entitled “An act to regulate the business of providing deferred presentment service transactions; to require the licensing of providers of deferred presentment service transactions; to prescribe powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies,” by amending section 2 (MCL 487.2122). (Filed with the Secretary of State on May 26, 2016, at 11:12 a.m.) Respectfully, Rick Snyder Governor The following message from the Governor was received on May 26, 2016, and read: EXECUTIVE ORDER No. 2016-11 Michigan Statewide Independent Living Council Executive Office of the Governor Rescission of Executive Orders 2007-49 and 2012-15 WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that the Governor shall take care that the laws be faithfully executed; and No. 54] [May 31, 2016] JOURNAL OF THE SENATE 871 HEREAS, many Michigan residents have one or more disabilities; and W WHEREAS, disability is a natural part of the human experience and in no way diminishes the right of an individual with a disability to live independently, enjoy self-determination, make choices, contribute to society, pursue a meaningful career, and enjoy full inclusion and integration in the economic, political, social, cultural, and educational mainstream of our society; and WHEREAS, the state of Michigan shares the goals of the federal government of providing individuals with disabilities the tools necessary to make informed choices and decisions and to achieve equality of opportunity, full inclusion and integration in society, employment, independent living, and economic and social self-sufficiency; and WHEREAS, under Section 705 of the Rehabilitation Act of 1973, as amended, 29 USC § 796d(a), to be eligible to receive federal assistance under Title VII of the Rehabilitation Act of 1973, as amended, a state must establish a statewide independent living council, which may not be established as an entity within a state agency; and WHEREAS, Sections 474 and 475 of the Workforce Innovation and Opportunity Act, Public Law 113-128, have amended the Rehabilitation Act of 1973 to alter and expand the responsibilities of statewide independent living councils; and WHEREAS, reestablishment of the Michigan Statewide Independent Living Council, organized under Executive Order 1994-23, then reestablished by Executive Order 2007-49, and amended by Executive Order 2012-15, is necessary to appropriately reflect the current organizational structure of state government and to comply with federal law; and WHEREAS, reestablishment of the Michigan Statewide Independent Living Council will improve working relationships among entities providing services to individuals with disabilities, centers for independent living and the Michigan Statewide Independent Living Council; NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I.   DEFINITIONS A. “Center for independent living” means that phrase as defined under Section 702 of the Rehabilitation Act of 1973, as amended, 29 USC § 796a(2). B. “Council” means the Michigan Statewide Independent Living Council created within the Executive Office of the Governor by this Order. C. “Disability” means that term as defined under Section 7 of the Rehabilitation Act of 1973, as amended, 29 USC § 705(9). D. “Designated State Entity” means that term as defined under Section 704 of the Rehabilitation Act of 1973, as amended, 29 USC § 796c(c). Until otherwise designated in the State Plan, Designated State Entity responsibilities in Michigan will lie with Michigan Rehabilitative Services and the Bureau of Services for Blind Persons. E. “Independent living services” means that phrase as defined under Section 7 of the Rehabilitation Act of 1973, as amended, 29 USC § 705(18). F. “Individual with a disability” means that phrase as defined under Section 7 of the Rehabilitation Act of 1973, as amended, 29 USC § 705(20). G. “Michigan Rehabilitation Services” means the bureau within the Department of Health and Human Services that serves as the state general rehabilitation agency for individuals with disabilities, except those who are blind, and that is responsible for administration of the vocational rehabilitation program under the Rehabilitation Act of 1964, 1964 PA 232, MCL 395.81 to 395.90. H. “Bureau of Services for Blind Persons” means the bureau created as a Type II agency within the Department of Licensing and Regulatory Affairs by Executive Order 2012-5, MCL 445.2033. I. “Personal assistance services” means that phrase as defined under Section 7 of the Rehabilitation Act of 1973, Public Law 93-112, as amended, 29 USC § 705(28). J. “State Plan” means the state plan for independent living jointly developed by the Council and centers for independent living as required by Section 704 of the Rehabilitation Act of 1973, as amended, 29 USC § 796c. II.   CREATION OF MICHIGAN STATEWIDE INDEPENDENT LIVING COUNCIL A. The Michigan Statewide Independent Living Council is created within the Executive Office of the Governor. B. The Council shall include sixteen (16) members that provide statewide representation, represent a broad range of individuals with disabilities from diverse backgrounds and are knowledgeable about centers for independent living and independent living services. C. The Council shall include the following eleven (11) voting members appointed by the Governor after soliciting recommendations from representatives of organizations representing a broad range of individuals with disabilities and organizations interested in individuals with disabilities: 1. One director of a center for independent living chosen by the directors of centers for independent living within this state. 2. One individual representing parents or guardians of individuals with disabilities. 3. One individual representing advocates of, and for, individuals with disabilities. 4. One individual representing organizations that provide services for individuals with disabilities, including, but not limited to, private businesses. 5. Seven other residents of this state including residents who represent the underserved or tribal communities. 872 JOURNAL OF THE SENATE [May 31, 2016] [No. 54 D. In addition to the voting members of the Council appointed under Section II.C., the Council shall include the following five (5) non-voting ex officio members: 1. The Director or designee of Michigan Rehabilitation Services. 2. The Director of designee of the Bureau of Services for Blind Persons. 3. A representative from the Michigan Department of Civil Rights, designated by the Director of the Michigan Department of Civil Rights, who works in the Division on Deaf, Deafblind and Hard of Hearing. 4. A representative from the Michigan Department Education, designated by the Superintendent of Public Instruction, who works in the Office of Special Education. 5. A representative from the Department of Health and Human Services, designated by the Director of the Department of Health and Human Services, with knowledge of all programs within the Department of Health and Human Services impacting individuals with disabilities. E. Of the voting members of the Council initially appointed by the Governor under Section II.C., three (3) members shall be appointed for a term expiring on December 31, 2017, four (4) members shall be appointed for a term expiring on December 31, 2018, and the remaining four (4) members shall be appointed for a term expiring on December 31, 2019. After the initial appointments, members shall be appointed for terms of three (3) years. F. A majority of the voting members of the Council must be individuals with disabilities, as defined by 34 CFR Part 364, and not employed by any state agency or center for independent living. G. A vacancy on the Council occurring other than by expiration of a term shall be filled by the Governor in the same manner as the original appointment for the balance of the unexpired term. A vacancy shall not affect the power of the remaining members to exercise the duties of the Council. H. No member of the Council appointed by the Governor under Section II.C. may serve more than two consecutive full terms. III.  CHARGE TO THE COUNCIL A. The Council shall do all of the following: 1. Jointly develop and sign, in conjunction with the centers for independent living, along with Michigan Rehabilitation Services and Bureau of Services for Blind Persons acting as the Designated State Entities for the resource plan, the State Plan in compliance with Section 704 of the Rehabilitation Act of 1973, as amended, 29 USC § 796c. 2. Monitor, review, and evaluate the implementation of the State Plan. 3. Ensure that all regularly scheduled meetings of the Council are open to the public and that sufficient advance notice is provided. 4. Work with centers for independent living to coordinate services with public and private entities to improve services provided to individuals with disabilities. 5. Conduct resource development activities to support the Council and the provision of independent living services by centers for independent living. 6. Submit reports to the United States Department of Health and Human Services as the Administrator of the Administration for Community Living may reasonably request. Keep records, and provide access to the records, as the Administrator finds necessary to verify the reports. Copies of any reports submitted under this paragraph shall be transmitted to the Governor and the members of the Council. 7. Perform other functions, consistent with the mission of the Council and state and federal law. IV.  OPERATIONS OF THE COUNCIL A. The Council shall select from among the voting members of the Council a member to serve as Chairperson of the Council and may select from among the voting members of the Council other officers as the Council deems necessary. B. A majority of the voting members of the Council serving constitutes a quorum for the transaction of the Council’s business. The Council shall act by a majority vote of the voting members of the Council serving. C. The Council shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Council. D. The Council shall hold hearings and forums as the Council determines necessary to carry out the duties of the Council. E. The Council shall prepare, in conjunction with the Designated State Entities, a resource plan for the provision of resources, including staff and personnel, as may be necessary and sufficient to carry out the State Plan, with funds made available under Title VII of the Rehabilitation Act of 1973, as amended, and under Section 110 of Rehabilitation Act of 1973, 29 USC § 730, consistent with Section 101(a)(18) of the Rehabilitation Act of 1973, 29 USC § 721(a)(18), and from other public and private sources. The resource plan shall, to the maximum extent possible, rely on the use of resources in existence during the period of implementation of the resource plan. F. The Council shall supervise and evaluate staff and personnel performing duties for the Council under the resource plan adopted under Section IV.E. as may be necessary to carry out the functions of the Council under this Order. G. While assisting the Council in carrying out its duties, staff and other personnel performing duties pursuant to the resource plan adopted under Section IV.E. shall not be assigned duties by any other agency or office of this state that would create a conflict of interest. No. 54] [May 31, 2016] JOURNAL OF THE SENATE 873 H. In accordance with federal law, the Council may use resources available under the resource plan adopted under Section IV.H. to (1) reimburse members of the Council for reasonable and necessary expenses of attending Council meetings or (2) pay compensation to a member of the Council, if such member is not employed or must forfeit wages from other employment, for each day the member is engaged in performing Council duties. I. The Council may enter into agreements with state departments and agencies to assist the Council in the performance of its duties and responsibilities under this Order. J. Subject to the Governor’s approval, the Council may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Commission and the performance of its duties, as the Governor deems advisable and necessary in accordance with the relevant statutes, rules, and procedures or the Civil Service Commission and the Department of Technology, Management and Budget. K. The Council may accept donations of labor, services, or other things of value from any public or private agency or person. L. All state departments and agencies shall cooperate, to their best ability, with the Council in the performance of its duties and responsibilities under this Order. The Council may request of state departments and agencies information and assistance as the Council requires in the performance of its duties and responsibilities under this Order. M. Members of the Council and staff shall refer all legal, legislative, and media contacts relating to Council actions or activities to the Office of the Governor. V. MISCELLANEOUS A. Executive Order 2012-15 is rescinded. Executive Order 2007-49 is rescinded. Executive Order 1994-23, which was rescinded by Executive Order 2007-49, remains rescinded. Executive Order 1994-21, which was rescinded by Executive Order 1994-23, remains rescinded. B. Any rules, orders, contracts, and agreements related to the Council lawfully in effect prior to the effective date of this Order shall continue to be effective until revised, amended, or repealed. C. This Order shall not abate any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected under this Order. D. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order. This Order shall become effective upon filing. Given under my hand and the Great Seal of the state of Michigan this 26th day of May, in the Year of our Lord [SEAL] Two Thousand Sixteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. The following message from the Governor was received and read: May 26, 2016 I respectfully submit to the Senate the following appointments to office: Chair - 21st Century Education Commission Thomas J. Haas of 3035 James H. Zumberge Hall, Grand Rapids, Michigan 49401, county of Kent, is appointed for a term expiring at the pleasure of the Governor. 2 1st Century Education Commission Alloyd Patrice Blackmon of 2339 Jacob Trail, Stevensville, Michigan 49127, county of Berrien, is appointed for a term expiring at the pleasure of the Governor. David Jess Campbell of 3196 Jacob’s Circle, Kalamazoo, Michigan 49009, county of Kalamazoo, is appointed for a term expiring at the pleasure of the Governor. JoAnn Chavez of 6499 Warren Road, Ann Arbor, Michigan 48105, county of Washtenaw, is appointed for a term expiring at the pleasure of the Governor. Randall Davis of 576 Orchard Road, Marshall, Michigan 49098, county of Calhoun, is appointed for a term expiring at the pleasure of the Governor. Conway A. Jeffress of 22760 Meadowbrook Road, Novi, Michigan 48375, county of Oakland, is appointed for a term expiring at the pleasure of the Governor. 874 JOURNAL OF THE SENATE [May 31, 2016] [No. 54 Brandy M. Johnson of 220 M.A.C. #214, Suite 200, East Lansing, Michigan 48823, county of Ingham, is appointed for a term expiring at the pleasure of the Governor. Ann B. Kalass of 44071 Deep Hollow Circle, Northville, Michigan 48168, county of Wayne, is appointed for a term expiring at the pleasure of the Governor. Douglas Luciani of 6623 Mathison Road, Traverse City, Michigan 49686, county of Grand Traverse, is appointed for a term expiring at the pleasure of the Governor. Matthew Oney of 8998 Minnewasca Q Drive, Gladstone, Michigan 49837, county of Delta, is appointed for a term expiring at the pleasure of the Governor. Douglas D. Ross of 2201 Rhine Road, West Bloomfield, Michigan 48323, county of Oakland, is appointed for a term expiring at the pleasure of the Governor. Cynthia M. Schumacher of 3581 W. Rosebush Road, Mt. Pleasant, Michigan 48893, county of Isabella, is appointed for a term expiring at the pleasure of the Governor. Kevin W. Stotts of 1230 Allerton Avenue, S.E., Grand Rapids, Michigan, 49506, county of Kent, is appointed for a term expiring at the pleasure of the Governor. Roger Curtis of 6528 Slee Road, Onsted, Michigan 49265, county of Lenawee, is appointed for a term expiring at the pleasure of the Governor. Thomas J. Haas of 3035 James H. Zumberge Hall, Grand Rapids, Michigan 49401, county of Kent, is appointed for a term expiring at the pleasure of the Governor. Teresa L. Weatherall Neal of 4766 Chalet Lane, Wyoming, Michigan 49519, county of Kent, is appointed for a term expiring at the pleasure of the Governor. Eileen L. Weiser of 855 Colliston Road, Ann Arbor, Michigan 48105, county of Washtenaw, is appointed for a term expiring at the pleasure of the Governor. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator MacGregor as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4796, entitled A bill to amend 1955 PA 133, entitled “An act to provide for the granting of military leaves and providing re-employment protection for officers and enlisted men of the military or naval forces of the state or of the United States,” by amending sections 2 and 3 (MCL 32.272 and 32.273), section 3 as amended by 2008 PA 106. House Bill No. 4656, entitled A bill to amend 1956 PA 40, entitled “The drain code of 1956,” (MCL 280.1 to 280.630) by adding section 201. House Bill No. 5521, entitled A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending sections 2 and 4a (MCL 722.952 and 722.954a), section 2 as amended by 1997 PA 172 and section 4a as amended by 2010 PA 265. Senate Bill No. 557, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck No. 54] [May 31, 2016] JOURNAL OF THE SENATE 875 safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 1c (MCL 247.651c), as amended by 2010 PA 28. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4817, entitled A bill to establish the Michigan junior achievement fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4818, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2013 PA 92. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 774, entitled A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 2111, 3115, 3123, 4116, and 6115 (MCL 289.2111, 289.3115, 289.3123, 289.4116, and 289.6115), section 2111 as amended by 2015 PA 61, section 3115 as amended by 2015 PA 142, section 3123 as amended by 2007 PA 113, and sections 4116 and 6115 as amended by 2007 PA 114. Substitute (S-1). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 20, line 17, by striking out all of line 17 through line 19 and inserting: “(i) 1 TO 20 LOCATIONS, $500.00. (ii) 21 TO 50 LOCATIONS, $750.00. (iii) 51 TO 75 LOCATIONS, $2,000.00. (iv) MORE THAN 75 LOCATIONS, $3,000.00.”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 878, entitled A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 405 (MCL 484.1405), as amended by 2011 PA 271. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. 876 JOURNAL OF THE SENATE [May 31, 2016] [No. 54 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 976, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2015 PA 201. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 858, entitled A bill to amend 2012 PA 159, entitled “Revocation of paternity act,” by amending sections 13 and 15 (MCL 722.1443 and 722.1445), section 13 as amended by 2014 PA 374. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 901, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 517a (MCL 436.1517a), as added by 2004 PA 170. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. enator Green offered the following resolution: S Senate Resolution No. 186. A resolution to memorialize the United States Congress to continue support for the 340B Drug Pricing Program. Whereas, Since its enactment in 1992, the 340B Drug Pricing Program has provided necessary support to Michigan hospitals delivering medical services to vulnerable populations. The program provides financial relief from high prescription costs to these safety-net hospitals; and Whereas, While the 340B program represents only 2 percent of approximately $375 billion in annual prescription drug purchases in the United States, it has critical benefits for patients and communities. The program has reaped an invaluable and life-saving return on its investment; and Whereas, The 340B Drug Program has become a target by critics in the pharmaceutical industry. Some have suggested that scaling back the program would save costs by reducing the number of eligible hospitals and the types of patients that can be served under the program; and Whereas, Michigan hospitals, patients, and communities depend on the 340B program. Any effort to reduce support or to scale back this program could considerably harm vulnerable patients in communities throughout this state. It is vital in the effort to help Michigan hospitals stretch scarce resources to improve access to care; now, therefore, be it No. 54] [May 31, 2016] JOURNAL OF THE SENATE 877 Resolved by the Senate, That we memorialize the United States Congress to continue support for the 340B Drug Pricing Program; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Health Policy. The motion prevailed. Senators Booher and Brandenburg were named co‑sponsors of the resolution. enate Concurrent Resolution No. 14. S A concurrent resolution to oppose the United States Environmental Protection Agency’s efforts to study or commission a study that could lead to regulations on grills and barbecues. (For text of resolution, see Senate Journal No. 46 of 2015, p. 708.) The House of Representatives has adopted the concurrent resolution. The concurrent resolution was referred to the Secretary for record. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage: Senate Bill No. 557 The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 189 Senate Bill No. 190 Senate Bill No. 886 Senate Bill No. 647 Senate Bill No. 833 House Bill No. 4578 Senate Bill No. 954 Senate Bill No. 557 The motion prevailed. The following bill was read a third time: Senate Bill No. 189, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 2421b, 2421c, 2421d, and 2421e (MCL 600.2421b, 600.2421c, 600.2421d, and 600.2421e), as added by 1984 PA 197. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 340 Yeas—31 Ananich Hansen Booher Hertel Brandenburg Hildenbrand Casperson Hune Colbeck Johnson MacGregor Rocca Marleau Schmidt Meekhof Schuitmaker Nofs Shirkey O’Brien Stamas 878 JOURNAL OF THE SENATE [May 31, 2016] Emmons Jones Pavlov Young Green Knollenberg Proos Zorn Gregory Kowall Robertson Nays—5 Bieda Hopgood Knezek Warren Hood Excused—0 Not Voting—1 Horn In The Chair: President enator Kowall moved to reconsider the vote by which the bill was passed. S The motion prevailed, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 341 Yeas—34 Ananich Hansen Kowall Robertson Bieda Hertel MacGregor Rocca Booher Hildenbrand Marleau Schmidt Brandenburg Horn Meekhof Schuitmaker Casperson Hune Nofs Shirkey Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Knollenberg Nays—3 Hood Hopgood Warren Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. [No. 54 No. 54] [May 31, 2016] JOURNAL OF THE SENATE 879 The following bill was read a third time: Senate Bill No. 190, entitled A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 123 (MCL 24.323), as added by 1984 PA 196. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 342 Yeas—34 Ananich Hansen Kowall Robertson Bieda Hertel MacGregor Rocca Booher Hildenbrand Marleau Schmidt Brandenburg Horn Meekhof Schuitmaker Casperson Hune Nofs Shirkey Colbeck Johnson O’Brien Stamas Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Knollenberg Nays—3 Hood Hopgood Warren Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 886, entitled A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 71, 72, 80, 87, 115, and 122 (MCL 24.271, 24.272, 24.280, 24.287, 24.315, and 24.322), section 71 as amended by 1984 PA 28, section 80 as amended by 1984 PA 196, section 115 as amended by 1996 PA 489, and section 122 as amended by 2011 PA 247. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 343 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren 880 JOURNAL OF THE SENATE [May 31, 2016] [No. 54 Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 647, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1168. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 344 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 833, entitled A bill to amend 1966 PA 291, entitled “Firefighters training council act,” by amending sections 2, 13, and 14 (MCL 29.362, 29.373, and 29.374), as amended by 2006 PA 213. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 54] [May 31, 2016] JOURNAL OF THE SENATE Roll Call No. 345 881 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4578, entitled A bill to amend 2000 PA 321, entitled “Recreational authorities act,” by amending section 3 (MCL 123.1133), as amended by 2003 PA 135. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 346 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 In The Chair: President Not Voting—0 882 JOURNAL OF THE SENATE [May 31, 2016] [No. 54 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the establishment of recreational authorities; to provide powers and duties of an authority; to authorize the assessment of a fee, the levy of a property tax, and the issuance of bonds and notes by an authority; and to provide for the powers and duties of certain government officials,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 954, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2001, 2004, and 2012 (MCL 339.2001, 339.2004, and 339.2012), section 2001 as amended by 1998 PA 218, section 2004 as amended by 2009 PA 143, and section 2012 as amended by 2002 PA 495; and to repeal acts and parts of acts. The question being on the passage of the bill, Senator Booher offered the following amendment: 1. Amend page 1, line 1, by striking out all of section 2001. The amendment was adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 347 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Emmons Hune Nofs Stamas Green Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Nays—1 Colbeck Excused—0 Not Voting—0 In The Chair: President enator Booher offered to amend the title to read as follows: S A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2004 and 2012 (MCL 339.2004 and 339.2012), section 2004 as amended by 2009 PA 143 and section 2012 as amended by 2002 PA 495; and to repeal acts and parts of acts. The amendment to the title was adopted. The Senate agreed to the title as amended. No. 54] [May 31, 2016] JOURNAL OF THE SENATE 883 The following bill was read a third time: Senate Bill No. 557, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 1c (MCL 247.651c), as amended by 2010 PA 28. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 348 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. 884 JOURNAL OF THE SENATE [May 31, 2016] [No. 54 By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senators Ananich, Hansen, Hood, Gregory, Johnson, Young, Hertel, Hopgood, Warren and Knezek introduced Senate Bill No. 999, entitled A bill to amend 2008 PA 549, entitled “Michigan promise zone authority act,” by amending section 4 (MCL 390.1664), as added by 2016 PA 9. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Warren, Ananich, Hood, Bieda, Hertel and Knezek introduced Senate Bill No. 1000, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 62 (MCL 421.62), as amended by 2013 PA 147. The bill was read a first and second time by title and referred to the Committee on Commerce. Senators Warren, Ananich, Hood, Bieda and Knezek introduced Senate Bill No. 1001, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 62 (MCL 421.62), as amended by 2013 PA 147. The bill was read a first and second time by title and referred to the Committee on Commerce. Senators Warren, Ananich, Hood, Bieda and Knezek introduced Senate Bill No. 1002, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 62 (MCL 421.62), as amended by 2013 PA 147. The bill was read a first and second time by title and referred to the Committee on Commerce. Senators Warren, Ananich, Hood, Bieda, Hertel and Knezek introduced Senate Bill No. 1003, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 15 (MCL 421.15), as amended by 2011 PA 269. The bill was read a first and second time by title and referred to the Committee on Commerce. Senators Warren, Ananich, Hood, Bieda, Hertel and Knezek introduced Senate Bill No. 1004, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” (MCL 421.1 to 421.75) by adding section 62a. The bill was read a first and second time by title and referred to the Committee on Commerce. Senators Hertel and Jones introduced Senate Bill No. 1005, entitled A bill to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,” by amending section 1 (MCL 780.621), as amended by 2014 PA 463. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Knezek introduced Senate Bill No. 1006, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 11 (MCL 388.1611), as amended by 2015 PA 139, and by adding section 22m. The bill was read a first and second time by title and referred to the Committee on Appropriations. No. 54] [May 31, 2016] JOURNAL OF THE SENATE 885 Senator Jones introduced Senate Bill No. 1007, entitled A bill to amend 2012 PA 101, entitled “Autism coverage reimbursement act,” by amending section 7 (MCL 550.1837). The bill was read a first and second time by title and referred to the Committee on Insurance. Senator Hildenbrand introduced Senate Bill No. 1008, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 10 (MCL 421.10), as amended by 2015 PA 57. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 5164, entitled A bill to amend 1967 PA 288, entitled “Land division act,” by amending section 241 (MCL 560.241), as amended by 1998 PA 549. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. House Bill No. 5165, entitled A bill to amend 1895 PA 107, entitled “An act to provide for recording in the offices of registers of deeds certified copies of judgments and decrees of courts of record and making the record thereof evidence in courts, and making such records heretofore made like evidence,” by amending section 2 (MCL 565.412). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. House Bill No. 5230, entitled A bill to make certain indemnity contracts relating to snowplow and deicing services void and unenforceable. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5571, entitled A bill to authorize the state administrative board to accept and convey property in Calhoun County; to prescribe conditions for the acceptance and conveyance of the property; and to provide for disposition of revenue. The House of Representatives has passed the bill by a 2/3 vote and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 5649, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7403 (MCL 333.7403), as amended by 2015 PA 220. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5650, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7404 (MCL 333.7404), as amended by 2015 PA 220. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. 886 JOURNAL OF THE SENATE [May 31, 2016] [No. 54 Recess enator Kowall moved that the Senate recess until 2:00 p.m. S The motion prevailed, the time being 11:36 a.m. The Senate reconvened at the expiration of the recess and pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 2:01 p.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. 5:34 p.m. Statements Senator Colbeck asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Colbeck’s statement is as follows: This past week, there was a common theme expressed in the Memorial Day parades and services by those who have served our country. What was that theme? Anxiety. What are they anxious about? In a word, they are anxious about America. This anxiety was expressed by several veterans over the past week, but one of the most emotional expressions was by Pops, a World War II veteran I met at the Northville Memorial Service. Pops took me by the hand, looked me straight in the eye, and, almost pleadingly, asked me to work hard to restore the morals and values that made America truly exceptional. It was a powerful message as he stood in uniform amid the graves of fallen soldiers at the Northville Rural Hill Cemetery. The encounter reminded me of a scene in the movie “Saving Private Ryan.” It was the scene near the end of the movie where Captain Miller, in his dying breath, says to Private Ryan, “Earn this.” It is clear to these veterans as watchmen on the wall that we are in a battle for the soul of our nation. Not everyone sees it, but they do. It is a battle of good versus evil. It is a battle not of munitions, but rather one of words and of principles and values. It is a battle for all the remaining good in a nation that is increasingly turning its back on God. Unfortunately, too many of us are oblivious to this battle. Some choose to ignore it or dismiss it as partisan bickering. Some clam up because they fear being labeled a racist or a bigot by people who seek to shut down discussion to push their agendas. Some people choose to focus on the battle in D.C. They believe that it is our choice of the next President that will determine who wins the battle. That focus ignores the true nature, true scope, and true breadth of this battle. It is not limited to D.C. The battle is right here in Michigan, right now. It is in our schools, in our churches, and in our workplaces. It is in our town halls and the halls and chambers of this Capitol. We cannot afford to neglect the home front. It is in this spirit that I would like to reflect once again on the movie “Saving Private Ryan.” Several years ago, my wife and I had the good fortune to visit the Normandy American Cemetery and Memorial near St. Laurent, France, that was featured in the movie. The cemetery, full of white marble crosses and Jewish stars in perfect alignment, rests on a hill that overlooks Omaha Beach. It is a very humbling and awe-inspiring environment. The final scene of the movie takes place in this environment. In this scene, an elderly Private Ryan is seen staring at the white marble cross of Captain Miller. Full of tears before this cross, he says, “I hope that at least in your eyes, I’ve earned what all of you have done for me.” This is where Hollywood got it wrong, as it tends to nowadays. It is not our veterans who need to earn this. Many of them have already given their last measure. It is you and I who need to earn this. We can no longer afford to be silent in this battle for the soul of our nation. We can no longer stand silent as our enemy calls evil good and good evil. We need to rededicate ourselves to the beliefs found within our Declaration of Independence that gave birth to this nation of the people, by the people, and for the people. We need to rededicate ourselves to the principles of limited government found in our Constitution and to the principle that the government works for We the People, not the other way around. No. 54] [May 31, 2016] JOURNAL OF THE SENATE 887 We have been blessed with the immeasurable gift of freedom. Many of us have been born into this blessing. We cannot take this blessing for granted. It is time each of us wakes up and speaks out boldly against the fundamental transformation of America. It is time for each of us to earn this. Committee Reports The Committee on Energy and Technology reported Senate Bill No. 437, entitled A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending the title and sections 6a, 6j, 6s, 10, 10a, 10f, 10p, 10r, and 10t (MCL 460.6a, 460.6j, 460.6s, 460.10, 460.10a, 460.10f, 460.10p, 460.10r, and 460.10t), the title as amended by 2005 PA 190, sections 6a, 10, 10a, 10p, and 10r as amended and section 6s as added by 2008 PA 286, section 6j as amended by 1987 PA 81, and sections 10f and 10t as added by 2000 PA 141, and by adding section 6t; and to repeal acts and parts of acts. With the recommendation that the substitute (S-4) be adopted and that the bill then pass. Mike Nofs Chairperson To Report Out: Yeas: Senators Nofs, Proos, Horn, Schuitmaker, Hune and Zorn Nays: Senator Shirkey The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Energy and Technology reported Senate Bill No. 438, entitled A bill to amend 2008 PA 295, entitled “Clean, renewable, and efficient energy act,” by amending the title, the headings of subparts B and C of part 2 and part 5, and sections 1, 3, 5, 7, 9, 11, 13, 41, 47, 71, 73, 75, 77, 81, 83, 85, 87, 89, 91, 93, 95, 97, 113, 173, 175, 177, and 179 (MCL 460.1001, 460.1003, 460.1005, 460.1007, 460.1009, 460.1011, 460.1013, 460.1041, 460.1047, 460.1071, 460.1073, 460.1075, 460.1077, 460.1081, 460.1083, 460.1085, 460.1087, 460.1089, 460.1091, 460.1093, 460.1095, 460.1097, 460.1113, 460.1173, 460.1175, 460.1177, and 460.1179), section 93 as amended by 2010 PA 269, and by adding subpart B to part 2, sections 72, 74, 77a, 78, 89a, 91a, 98, and 99, and part 7; and to repeal acts and parts of acts. With the recommendation that the substitute (S-4) be adopted and that the bill then pass. Mike Nofs Chairperson To Report Out: Yeas: Senators Nofs, Proos, Horn, Schuitmaker, Hune, Shirkey and Zorn Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Energy and Technology submitted the following: T Meeting held on Wednesday, May 25, 2016, at 2:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Nofs (C), Proos, Horn, Schuitmaker, Hune, Shirkey, Zorn, Hopgood, Knezek and Bieda 888 JOURNAL OF THE SENATE [May 31, 2016] [No. 54 The Committee on Michigan Competitiveness reported Senate Bill No. 937, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 8a. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Proos and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Michigan Competitiveness reported Senate Bill No. 940, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 69b. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Proos and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Michigan Competitiveness reported Senate Bill No. 941, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 44 (MCL 791.244), as amended by 1999 PA 191, and by adding section 44a. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Proos and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Michigan Competitiveness reported Senate Bill No. 947, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 33 and 34d (MCL 791.233 and 791.234d), section 33 as amended by 1998 PA 320 and section 34d as added by 2014 PA 359. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Proos and Warren Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Michigan Competitiveness submitted the following: T Meeting held on Thursday, May 26, 2016, at 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Proos and Warren Excused: Senators Stamas and Robertson No. 54] [May 31, 2016] JOURNAL OF THE SENATE 889 The Committee on Transportation reported Senate Bill No. 432, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” (MCL 259.1 to 259.208) by adding section 96. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Transportation reported Senate Bill No. 433, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending section 3 (MCL 259.3), as amended by 2002 PA 35. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill was referred to the Committee of the Whole. The Committee on Transportation reported Senate Bill No. 557, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 1c (MCL 247.651c), as amended by 2010 PA 28. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill was referred to the Committee of the Whole. 890 JOURNAL OF THE SENATE [May 31, 2016] [No. 54 The Committee on Transportation reported Senate Bill No. 958, entitled A bill to amend 1982 PA 432, entitled “Motor bus transportation act,” by amending section 23 (MCL 474.123), as amended by 1989 PA 233. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill was referred to the Committee of the Whole. The Committee on Transportation reported Senate Bill No. 977, entitled A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending section 55 (MCL 256.675). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill was referred to the Committee of the Whole. The Committee on Transportation reported Senate Bill No. 978, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 312j. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill was referred to the Committee of the Whole. The Committee on Transportation reported Senate Bill No. 994, entitled A bill to amend 1945 PA 327, entitled “Aeronautics code of the state of Michigan,” by amending sections 8 and 9 (MCL 259.8 and 259.9), as amended by 2002 PA 35, and by adding section 97. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill was referred to the Committee of the Whole. The Committee on Transportation reported House Bill No. 4047, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 3a. No. 54] [May 31, 2016] JOURNAL OF THE SENATE 891 ith the recommendation that the substitute (S-1) be adopted and that the bill then pass. W The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Transportation reported House Bill No. 4653, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 307 (MCL 257.307), as amended by 2015 PA 11. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill was referred to the Committee of the Whole. The Committee on Transportation reported House Bill No. 5250, entitled A bill to amend 2008 PA 23, entitled “Enhanced driver license and enhanced official state personal identification card act,” by amending section 5 (MCL 28.305). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, May 26, 2016, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood COMMITTEE ATTENDANCE REPORT he Conference Committee on Community Colleges (SB 784) submitted the following: T Meeting held on Thursday, May 26, 2016, at 11:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Booher (C), Schuitmaker, and Knezek COMMITTEE ATTENDANCE REPORT he Committee on Veterans, Military Affairs and Homeland Security submitted the following: T Meeting held on Thursday, May 26, 2016, at 1:00 p.m., Room 100, Farnum Building Present: Senators O’Brien (C), Emmons, Zorn, Colbeck and Knezek 892 JOURNAL OF THE SENATE [May 31, 2016] [No. 54 COMMITTEE ATTENDANCE REPORT he Conference Committee on Environmental Quality (SB 787) submitted the following: T Meeting held on Thursday, May 26, 2016, at 2:30 p.m., Room 402 and 403, Capitol Building Present: Senators Green (C), MacGregor and Hopgood COMMITTEE ATTENDANCE REPORT he Conference Committee on Transportation (HB 5329) submitted the following: T Meeting held on Tuesday, May 31, 2016, at 9:30 a.m., Room 426, Capitol Building Present: Senators Hansen, Knollenberg and Young COMMITTEE ATTENDANCE REPORT he Conference Committee on Insurance and Financial Services (HB 5306) submitted the following: T Meeting held on Tuesday, May 31, 2016, at 9:50 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Knollenberg and Marleau Excused: Senator Young COMMITTEE ATTENDANCE REPORT he Conference Committee on School Aid (SB 796) submitted the following: T Meeting held on Tuesday, May 31, 2016, at 12:00 noon, Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hansen (C), Hildenbrand and Hopgood COMMITTEE ATTENDANCE REPORT he Conference Committee on Education (SB 786) submitted the following: T Meeting held on Tuesday, May 31, 2016, at 12:30 p.m., Harry T. Gast Appropriations Room, 3rd Floor Capitol Building Present: Senators Hansen (C), Hildenbrand and Hopgood COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, May 31, 2016, at 12:30 p.m., Room 100, Farnum Building Present: Senators Zorn (C), Proos and Rocca Excused: Senators Brandenburg and Young Scheduled Meetings Conference Committees Corrections (HB 5272) - Wednesday, June 1, 9:30 a.m., Room 426, Capitol Building (373-8080) General Government (HB 5276) - Wednesday, June 1, 8:15 a.m., 3rd Floor, House Appropriations Room, Capitol Build­ ing (373-8080) Higher Education (SB 790) - Wednesday, June 1, 9:00 a.m., Rooms 402 and 403, Capitol Building (373-2768) Judiciary (SB 792) - Wednesday, June 1, 8:30 a.m., Room 405, Capitol Building (373-2768) Natural Resources (SB 795) - Wednesday, June 1, 9:30 a.m., Room 110, Farnum Building (373-2768) Criminal Justice Policy Commission - Wednesday, June 1, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Senate Fiscal Agency Board of Governors - Thursday, June 9, 9:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) No. 54] [May 31, 2016] JOURNAL OF THE SENATE 893 enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 5:39 p.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Wednesday, June 1, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 894 No. 55 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Wednesday, June 1, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—present Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—excused Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 896 JOURNAL OF THE SENATE [June 1, 2016] [No. 55 astor Iris Cotton of Fearless Faith Church Ministries of Lansing offered the following invocation: P God, give us peace in this time. Grant us, O God, Your favor. God, You are the author of all life. God, You stand in our eternal light. God, Your grace and Your mercy are sufficient. We thank You, O Father, for this privilege and this opportunity to come together. Grant us, O Lord, this day that we fall not into sin or into any other danger. God, we thank You for all of Your mercy and Your many benefits that You have bestowed upon us. Keep us, O Lord, against all of the assaults of the enemy. God, we ask that You bless this Senate today and, God, that You give them discernment and understanding minds and hearts that will meet Your requirement. God, You said where there are two or three gathered in Your name, that You will grant our petitions, our supplications, and our requests in the name of Jesus. We pray, O Father, that You will hear every pen, every letter, and every paper that will receive a signature. O God, every decision that is made today, it will be for Your benefit; it will be for Your work; it will be for our nation; it will be for our people; it will be for our country; it will be for our communities and our cities. God, we ask that You do these things, and we will be so careful to give You all of the honor and the praise in the mighty name of Jesus. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senator Casperson be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senator Hansen be excused from today’s session. S The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Stamas admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. The following communication was received: Office of Senator Tonya Schuitmaker May 25, 2016 ursuant to Senate Rule 1.110(c), please add my name as a co‑sponsor to Senate Bill 880 (2016), sponsored by P Sen. Rick Jones. Sincerely, Tonya Schuitmaker State Senator 26th District The communication was referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, May 31: House Bill Nos. 4136 5463 5532 The Secretary announced the approval the following bills: Enrolled Senate Bill No. 637 Enrolled Senate Bill No. 453 Enrolled Senate Bill No. 656 Enrolled Senate Bill No. 657 Enrolled Senate Bill No. 752 Enrolled Senate Bill No. 776 Enrolled Senate Bill No. 569 enrollment printing and presentation to the Governor on Tuesday, May 31, for his at at at at at at at 11:42 a.m. 11:44 a.m. 11:46 a.m. 11:48 a.m. 11:50 a.m. 11:52 a.m. 11:54 a.m. No. 55] [June 1, 2016] JOURNAL OF THE SENATE 897 The Secretary announced that the following bills were printed and filed on Tuesday, May 31, and are available at the Michigan Legislature website: Senate Bill Nos. 999 1000 1001 1002 1003 1004 1005 1006 1007 1008 House Bill Nos. 5708 5709 5710 5711 5712 5713 Senator Casperson entered the Senate Chamber. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Schmidt as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 5050, entitled A bill to repeal 1929 PA 72, entitled “An act to encourage the breeding of horses; to regulate the public service of stallions; to require the registration of stallions; to provide for the compilation and publication of statistics relative to horse breeding; to provide for a lien; to provide penalties for the violation of this act; and to repeal Act No. 256 of the Public Acts of 1911, as amended by Act No. 75 of the Public Acts of 1921,” (MCL 287.201 to 287.210). House Bill No. 5051, entitled A bill to repeal 1889 PA 226, entitled “An act to provide for the collection of specific taxes from corporations, copartnerships, parties or persons, subject under any laws of this state to the payment of such taxes; to fix the time when such taxes become a lien upon the property of such corporations, copartnerships, parties or persons, and to define the property to which the lien shall attach; and to repeal Act No. 57 of the session laws of 1872, approved March twentyninth, 1872, and Acts No. 10 and 11 of the session laws of 1873, approved February fourteenth, 1873, being sections numbered 1249 to 1256, both inclusive, of Howell’s annotated statutes of 1882,” (MCL 207.441 to 207.447). House Bill No. 5052, entitled A bill to repeal 1913 PA 340, entitled “An act to prevent and punish the sale of immature and unwholesome calves, pigs, kids and lambs,” (MCL 289.251 to 289.253). House Bill No. 5053, entitled A bill to amend 1939 PA 309, entitled “An act to provide for the regulation, registration, identification and licensing of dogs; to prescribe the powers and duties of the commissioner of agriculture with respect thereto; to prescribe penalties for violation of the provisions of this act; and to declare the effect of this act,” by repealing sections 1, 2, 3, 4, 5, 6, and 7 (MCL 287.301, 287.302, 287.303, 287.304, 287.305, 287.306, and 287.307). House Bill No. 5054, entitled A bill to amend 1931 PA 189, entitled “The insect pest and plant disease act,” by repealing section 12 (MCL 286.212). House Bill No. 5055, entitled A bill to repeal 1983 PA 220, entitled “An act to authorize the department of agriculture to acquire for purposes of eminent domain any interests in property necessary to remove and dispose of silos treated with polychlorinated biphenyls; to require the execution of a subrogation agreement under certain circumstances; to create a fund; and to prescribe the powers and duties of the attorney general,” (MCL 288.451 to 288.454). House Bill No. 5059, entitled A bill to repeal 1962 PA 213, entitled “An act to encourage the raising of started pullets; to provide for the inspection and certification as to the age, condition and health of started pullets; to define certain terms; to provide authority to establish and collect fees; to impose certain responsibilities on the department of agriculture; to grant authority to make rules and regulations to carry out the purpose of this act; and to prescribe penalties for violation thereof,” (MCL 287.171 to 287.175). 898 JOURNAL OF THE SENATE [June 1, 2016] [No. 55 House Bill No. 5060, entitled A bill to repeal 1929 PA 134, entitled “An act to provide for the regulation of the sale of live stock and poultry remedies, defining same; to provide for their licensing and registration, labeling, inspection and analyses; to prohibit the sale of fraudulent or adulterated remedies; to provide for guarantees regarding ingredients; to provide for the collection of license fees from manufacturers of or dealers in these remedies; to provide for penalties for the violation of the provisions of this act; to authorize the expenditure of the funds derived from the license fees, and repeal all acts or parts of acts in conflict,” (MCL 287.141 to 287.150). The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5392, entitled A bill to amend 1965 PA 329, entitled “Michigan seed law,” by amending section 11 (MCL 286.711), as amended by 1996 PA 86. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senator Young entered the Senate Chamber. By unanimous consent the Senate returned to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 4817 House Bill No. 4818 House Bill No. 4796 House Bill No. 4656 House Bill No. 5521 Senate Bill No. 774 Senate Bill No. 878 Senate Bill No. 976 The motion prevailed. The following bill was read a third time: House Bill No. 4817, entitled A bill to establish the Michigan junior achievement fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 349 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Nays—0 No. 55] [June 1, 2016] JOURNAL OF THE SENATE 899 Excused—1 Hansen Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4818, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2013 PA 92. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 350 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Nays—0 Excused—1 Hansen Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, 900 JOURNAL OF THE SENATE [June 1, 2016] [No. 55 and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4796, entitled A bill to amend 1955 PA 133, entitled “An act to provide for the granting of military leaves and providing re-employment protection for officers and enlisted men of the military or naval forces of the state or of the United States,” by amending sections 2 and 3 (MCL 32.272 and 32.273), section 3 as amended by 2008 PA 106. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 351 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Nays—0 Excused—1 Hansen Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4656, entitled A bill to amend 1956 PA 40, entitled “The drain code of 1956,” (MCL 280.1 to 280.630) by adding section 201. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 352 Ananich Bieda Yeas—36 Hertel Knollenberg Robertson Hildenbrand Kowall Rocca No. 55] [June 1, 2016] JOURNAL OF THE SENATE Booher Hood Brandenburg Hopgood Casperson Horn Colbeck Hune Emmons Johnson Green Jones Gregory Knezek 901 MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Hansen Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to codify the laws relating to the laying out of drainage districts, the consolidation of drainage districts, the construction and maintenance of drains, sewers, pumping equipment, bridges, culverts, fords, and the structures and mechanical devices to properly purify the flow of drains; to provide for flood control projects; to provide for water management, water management districts, and subdistricts, and for flood control and drainage projects within drainage districts; to provide for the assessment and collection of taxes; to provide for the investment of funds; to provide for the deposit of funds for future maintenance of drains; to authorize public corporations to impose taxes for the payment of assessments in anticipation of which bonds are issued; to provide for the issuance of bonds by drainage districts and for the pledge of the full faith and credit of counties for payment of the bonds; to authorize counties to impose taxes when necessary to pay principal and interest on bonds for which full faith and credit is pledged; to validate certain acts and bonds; and to prescribe penalties,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5521, entitled A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending sections 2 and 4a (MCL 722.952 and 722.954a), section 2 as amended by 1997 PA 172 and section 4a as amended by 2010 PA 265. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 353 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn 902 JOURNAL OF THE SENATE [June 1, 2016] [No. 55 Nays—0 Excused—1 Hansen Not Voting—0 In The Chair: President enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. The President pro tempore, Senator Schuitmaker, assumed the Chair. ursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: P “An act to establish certain standards for foster care and adoption services for children and their families; and to prescribe powers and duties of certain state agencies and departments and adoption facilitators,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 774, entitled A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 1107, 1111, 2129, 3113, 3115, 3119, 4105, and 4111 (MCL 289.1107, 289.1111, 289.2129, 289.3113, 289.3115, 289.3119, 289.4105, and 289.4111), sections 1107, 1111, and 4105 as amended by 2012 PA 178, sections 2129 and 3115 as amended by 2015 PA 142, section 3119 as amended by 2008 PA 375, and section 4111 as amended by 2015 PA 61. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 354 Yeas—32 Ananich Hertel Knollenberg Proos Booher Hildenbrand Kowall Robertson Brandenburg Hopgood MacGregor Rocca Casperson Horn Marleau Schmidt Colbeck Hune Meekhof Schuitmaker Emmons Johnson Nofs Shirkey Green Jones O’Brien Stamas Gregory Knezek Pavlov Zorn Nays—4 Bieda Hood Warren Young Excused—1 Hansen No. 55] [June 1, 2016] JOURNAL OF THE SENATE 903 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 878, entitled A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 405 (MCL 484.1405), as amended by 2011 PA 271. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 355 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Nays—0 Excused—1 Hansen Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 976, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2015 PA 201. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 356 Ananich Bieda Yeas—36 Hertel Knollenberg Robertson Hildenbrand Kowall Rocca 904 JOURNAL OF THE SENATE [June 1, 2016] Booher Hood Brandenburg Hopgood Casperson Horn Colbeck Hune Emmons Johnson Green Jones Gregory Knezek [No. 55 MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Hansen Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 481, entitled A bill to amend 2000 PA 321, entitled “Recreational authorities act,” by amending sections 3 and 11 (MCL 123.1133 and 123.1141), as amended by 2003 PA 135, and by adding section 12. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 2000 PA 321, entitled “An act to provide for the establishment of recreational authorities; to provide powers and duties of an authority; to authorize the assessment of a fee, the levy of a property tax, and the issuance of bonds and notes by an authority; and to provide for the powers and duties of certain government officials,” by amending section 11 (MCL 123.1141), as amended by 2003 PA 135, and by adding section 12. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 357 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn No. 55] [June 1, 2016] JOURNAL OF THE SENATE 905 Nays—0 Excused—1 Hansen Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 844, entitled A bill to authorize the state administrative board to convey state-owned property in Ingham County; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance. The House of Representatives has passed the bill and ordered that the bill be given immediate effect. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. House Bill No. 4344, entitled A bill to amend 1974 PA 300, entitled “An act to regulate the practice of servicing and repairing motor vehicles; to proscribe unfair and deceptive practices; to provide for training and certification of mechanics; to provide for the registration of motor vehicle repair facilities; to provide for enforcement; and to prescribe penalties,” by amending sections 2, 2a, 3, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 30, 32, 33, 34a, 36, and 39 (MCL 257.1302, 257.1302a, 257.1303, 257.1307, 257.1309, 257.1310, 257.1311, 257.1312, 257.1313, 257.1314, 257.1315, 257.1316, 257.1317, 257.1318, 257.1319, 257.1320, 257.1321, 257.1322, 257.1330, 257.1332, 257.1333, 257.1334a, 257.1336, and 257.1339), sections 2 and 10 as amended by 2016 PA 33, section 2a as added and sections 18, 22, and 30 as amended by 1988 PA 254, and section 17 as amended by 2002 PA 464, and by adding sections 7a, 7b, 7c, 7d, 7e, 7f, 7g, 10b, 13a, 13b, and 32a. The House of Representatives has amended the Senate substitute (S-4) as follows: 1. Amend page 23, following line 14, by inserting: “(D) A PART THAT DOES NOT MEET SUBDIVISION (A), (B), OR (C), IF THE FACILITY IS DIRECTED BY THE OWNER OF THE MOTOR VEHICLE IN WRITING TO INSTALL THAT PART.”. 2. Amend page 48, line 25, after “THE” by striking out “DIRECTOR” and inserting “ADMINISTRATOR”. 3. Amend page 49, line 6, by striking out “DIRECTOR” and inserting “ADMINISTRATOR”. The House of Representatives has concurred in the Senate substitute (S-4) as amended and agreed to the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the House amendments made to the Senate substitute, The amendments to the substitute were concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 358 Ananich Bieda Yeas—33 Hood Hopgood Kowall Robertson MacGregor Rocca 906 JOURNAL OF THE SENATE [June 1, 2016] [No. 55 Booher Horn Marleau Schmidt Brandenburg Hune Meekhof Schuitmaker Casperson Johnson Nofs Stamas Green Jones O’Brien Warren Gregory Knezek Pavlov Young Hertel Knollenberg Proos Zorn Hildenbrand Nays—3 Colbeck Emmons Shirkey Excused—1 Hansen Not Voting—0 In The Chair: Schuitmaker The Assistant President pro tempore, Senator O’Brien, assumed the Chair. The House of Representatives requested the return of House Bill No. 5383, entitled A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending sections 2 and 9 (MCL 12.252 and 12.259), section 2 as amended by 2005 PA 232, section 9 as added by 2005 PA 232, and by adding section 12. Senator Kowall moved that the request of the House of Representatives be granted. The motion prevailed. The House of Representatives requested the return of House Bill No. 5384, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending the title and sections 3, 5, 6, 11, 11a, 501, 502, 507, 522, 528, 551, 552, 561, 654, 705, 921, 1147, 1225, 1229, 1231, 1233, 1237, 1250, and 1351a (MCL 380.3, 380.5, 380.6, 380.11, 380.11a, 380.501, 380.502, 380.507, 380.522, 380.528, 380.551, 380.552, 380.561, 380.654, 380.705, 380.921, 380.1147, 380.1225, 380.1229, 380.1231, 380.1233, 380.1237, 380.1250, and 380.1351a), the title as amended by 2003 PA 179, section 3 as amended by 2007 PA 45, section 5 as amended by 2011 PA 232, sections 6 and 1250 as amended by 2009 PA 205, section 11 as amended by 1995 PA 289, section 11a as amended by 2010 PA 91, sections 501, 502, 507, 522, 528, 551, and 561 as amended by 2011 PA 277, section 552 as amended by 2012 PA 129, section 705 as amended by 2003 PA 299, section 1147 as amended by 2014 PA 479, section 1225 as amended by 2012 PA 1, section 1229 as amended by 2011 PA 105, section 1231 as amended by 2002 PA 735, section 1233 as amended by 2000 PA 288, section 1237 as added by 2000 PA 387, and section 1351a as amended by 2002 PA 65, and by adding sections 12b, 1233c, and 1356a and part 5b; and to repeal acts and parts of acts. Senator Kowall moved that the request of the House of Representatives be granted. The motion prevailed. The House of Representatives requested the return of House Bill No. 5387, entitled A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining No. 55] [June 1, 2016] JOURNAL OF THE SENATE 907 agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending sections 2a, 6, 11, 13, and 15 (MCL 423.202a, 423.206, 423.211, 423.213, and 423.215), section 2a as added by 1994 PA 112, section 6 as amended by 1984 PA 112, and section 15 as amended by 2014 PA 414. Senator Kowall moved that the request of the House of Representatives be granted. The motion prevailed. The House of Representatives requested the return of Senate Bill No. 711, entitled A bill to amend 2014 PA 181, entitled “An act to create the Michigan financial review commission act; to provide for the operation of certain commissions; to create funds and accounts; to prescribe the powers and duties of certain commissions, the state treasurer, certain other state officials and state employees, and certain local officials; to provide for the dissolution of certain commissions; and to make certain appropriations,” by amending sections 3, 5, and 7 (MCL 141.1633, 141.1635, and 141.1637), as amended by 2016 PA 53. Senator Kowall moved that the request of the House of Representatives be granted. The motion prevailed. The House of Representatives requested the return of Senate Bill No. 820, entitled A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2015 PA 134. Senator Kowall moved that the request of the House of Representatives be granted. The motion prevailed. The House of Representatives requested the return of Senate Bill No. 822, entitled A bill to amend 1980 PA 243, entitled “An act to provide emergency financial assistance for certain political subdivisions of this state; to create a local emergency financial assistance loan board and to prescribe the powers and duties of this board; to prescribe conditions for granting and receiving loans, to prescribe terms and conditions for the repayment of loans, and to allow the limiting of repayment by a county from specified revenue sources; to impose certain requirements and duties on certain state departments, political subdivisions of this state, and officials of this state and political subdivisions of this state; and to prescribe remedies and penalties,” by amending sections 2, 3, 4, and 6 (MCL 141.932, 141.933, 141.934, and 141.936), as amended by 2015 PA 115; and to repeal acts and parts of acts. Senator Kowall moved that the request of the House of Representatives be granted. The motion prevailed. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. enators Meekhof and Hertel offered the following resolution: S Senate Resolution No. 187. A resolution to commemorate July 3-9, 2016, as Arteriovenous Malformation (AVM) Awareness Week. Whereas, Arteriovenous malformation (AVM) is defined as an abnormal connection between arteries and veins which bypass the capillary system. AVM is a rare condition that affects approximately 300,000 American citizens. Although many AVMs are asymptomatic, they can cause intense pain or bleeding in addition to other serious medical problems; and Whereas, This vascular anomaly is widely known because of its occurrence in the central nervous system, but it can appear in any location. It may also cause abnormal sensations, such as numbness, tingling, or spontaneous pain; difficulties with movement or coordination, including muscle weakness and even paralysis; vertigo, difficulties of speech, communication, and challenges with everyday activities; and the possibility of having a stroke; and 908 JOURNAL OF THE SENATE [June 1, 2016] [No. 55 Whereas, A team of researchers led by Dr. Patricia Burrows has initiated research on AVM, with the goal of identifying a drug therapy to cure the disease. The objectives of this research include determining the mechanism of progression of AVM in humans; developing tools for testing potential pharmacotherapy; and developing drug treatment for humans with AVM; and Whereas, The efforts of Kelleigh’s Cause, a not-for-profit organization founded by Kelleigh Gustafson, a 19-year-old girl originally from Haslett, Michigan, has been instrumental in raising attention and funds to support the research and treatment of AVM in the state of Michigan; and Whereas, There exists a great need for public awareness surrounding this rare condition and increased attention to efforts to support opportunities for advancement in AVM research and treatment; now, therefore, be it Resolved by the Senate, That we hereby commemorate July 3-9, 2016, as Arteriovenous Malformation (AVM) Awareness Week in the state of Michigan; and be it further Resolved, That copies of this resolution be transmitted to the Sparrow Hospital Foundation, Kelleigh Gustafson, and Kelleigh’s Cause as a token of our appreciation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Ananich, Bieda, Booher, Brandenburg, MacGregor, Proos and Rocca were named co‑sponsors of the resolution. Senator Meekhof asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Meekhof’s statement is as follows: It is my pleasure, along with Senator Hertel, to move this resolution along, and I encourage your support. This resolution is to commemorate July 3-9, 2016, as Arteriovenous Malformation Awareness Week. I will read the resolution to you: “Whereas, Arteriovenous malformation (AVM) is defined as an abnormal connection between arteries and veins which bypass the capillary system. AVM is a rare condition that affects approximately 300,000 American citizens. Although many AVMs are asymptomatic, they can cause intense pain or bleeding in addition to other serious medical problems; and Whereas, This vascular anomaly is widely known because of its occurrence in the central nervous system, but it can appear in any location. It may also cause abnormal sensations, such as numbness, tingling, or spontaneous pain; difficulties with movement or coordination, including muscle weakness and even paralysis; vertigo, difficulties of speech, communication, and challenges with everyday activities; and the possibility of having a stroke; and Whereas, A team of researchers led by Dr. Patricia Burrows has initiated research on AVM, with the goal of identifying a drug therapy to cure the disease. The objectives of this research include determining the mechanism of progression of AVM in humans; developing tools for testing potential pharmacotherapy; and developing drug treatment for humans with AVM; and Whereas, The efforts of Kelleigh’s Cause, a not-for-profit organization founded by Kelleigh Gustafson, a 19-year-old girl originally from Haslett, Michigan, has been instrumental in raising attention and funds to support the research and treatment of AVM in the state of Michigan; and Whereas, There exists a great need for public awareness surrounding this rare condition and increased attention to efforts to support opportunities for advancement in AVM research and treatment; now, therefore, be it Resolved by the Senate, That we hereby commemorate July 3-9, 2016, as Arteriovenous Malformation (AVM) Awareness Week in the state of Michigan; and be it further Resolved, That copies of this resolution be transmitted to the Sparrow Hospital Foundation, Kelleigh Gustafson, and Kelleigh’s Cause as a token of our appreciation.” I ask for support from my colleagues. Introduction and Referral of Bills Senator Johnson introduced Senate Bill No. 1009, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78q (MCL 211.78q), as added by 2014 PA 499. The bill was read a first and second time by title and referred to the Committee on Finance. No. 55] [June 1, 2016] JOURNAL OF THE SENATE 909 Senator Schuitmaker introduced Senate Bill No. 1010, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” (MCL 700.1101 to 700.8206) by adding section 1511a. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator O’Brien introduced Senate Bill No. 1011, entitled A bill to amend 1979 PA 152, entitled “State license fee act,” by amending section 39 (MCL 338.2239), as amended by 2012 PA 308. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senator O’Brien introduced Senate Bill No. 1012, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2403 and 2404b (MCL 339.2403 and 339.2404b), section 2403 as amended by 1984 PA 191 and section 2404b as amended by 2014 PA 175. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. House Bill No. 4136, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1166 (MCL 380.1166). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Education. House Bill No. 5463, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1278a (MCL 380.1278a), as amended by 2015 PA 186. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Education. House Bill No. 5532, entitled A bill to amend 2000 PA 92, entitled “Food law,” by amending section 6101 (MCL 289.6101), as amended by 2012 PA 178. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Agriculture. enator Kowall moved that when the Senate adjourns today, it stand adjourned until Tuesday, June 7, at 10:00 a.m. S The motion prevailed. Committee Reports he Committee on Michigan Competitiveness reported T Senate Concurrent Resolution No. 30. A concurrent resolution to encourage the Governor to change the name of the Michigan Department of Corrections to the Michigan Department of Corrections and Rehabilitation. (For text of resolution, see Senate Journal No. 42, p. 635.) With the recommendation that the concurrent resolution be adopted. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Stamas, Robertson and Proos Nays: None The concurrent resolution was placed on the order of Resolutions. 910 JOURNAL OF THE SENATE [June 1, 2016] [No. 55 The Committee on Michigan Competitiveness reported Senate Bill No. 932, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding chapter IIIB. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Stamas, Robertson, Proos and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Michigan Competitiveness reported Senate Bill No. 936, entitled A bill to provide for the use of evidence-based supervision practices; to prescribe the powers and duties of certain state departments and local agencies; to require the adoption of certain rules; to regulate the use of funds by certain state departments and local agencies; and to require certain reports. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Stamas, Robertson and Proos Nays: None The bill was referred to the Committee of the Whole. The Committee on Michigan Competitiveness reported Senate Bill No. 938, entitled A bill to create the criminal justice data collection and management program act; to describe the criminal justice data collection and management program; to provide for certain grants; and to provide for the powers and duties of certain state and local governmental officers and entities. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Stamas, Robertson, Proos and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Michigan Competitiveness reported Senate Bill No. 939, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 31b. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Stamas, Robertson and Proos Nays: None The bill was referred to the Committee of the Whole. The Committee on Michigan Competitiveness reported Senate Bill No. 942, entitled A bill to amend 1989 PA 196, entitled “An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim’s rights fund; to provide for expenditures from No. 55] [June 1, 2016] JOURNAL OF THE SENATE 911 the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim’s rights services; and to prescribe the powers and duties of certain state and local agencies and departments,” by amending section 4 (MCL 780.904), as amended by 2015 PA 9. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Stamas, Robertson, Proos and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Michigan Competitiveness reported Senate Bill No. 943, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 84. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Stamas, Robertson, Proos and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Michigan Competitiveness reported Senate Bill No. 944, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 10b (MCL 400.10b), as amended by 2011 PA 198. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Stamas, Robertson and Proos Nays: Senator Warren The bill was referred to the Committee of the Whole. The Committee on Michigan Competitiveness reported Senate Bill No. 945, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 62d. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Stamas, Robertson and Proos Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Michigan Competitiveness reported Senate Bill No. 946, entitled A bill to establish and implement a work opportunity employer reimbursement program; and to prescribe the powers and duties of certain state agencies and officials. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson 912 JOURNAL OF THE SENATE [June 1, 2016] [No. 55 To Report Out: Yeas: Senators Shirkey, Stamas, Robertson and Proos Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Michigan Competitiveness reported Senate Bill No. 974, entitled A bill to amend 1988 PA 511, entitled “Community corrections act,” by amending section 2 (MCL 791.402), as amended by 2014 PA 466. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Stamas, Robertson and Proos Nays: None The bill was referred to the Committee of the Whole. The Committee on Michigan Competitiveness reported Senate Bill No. 975, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1 of chapter I (MCL 761.1), as amended by 2007 PA 20. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Stamas, Robertson and Proos Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Michigan Competitiveness submitted the following: T Meeting held on Tuesday, May 31, 2016, at 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Stamas, Robertson, Proos and Warren The Committee on Insurance reported House Bill No. 4933, entitled A bill to amend 2000 PA 251, entitled “Patient’s right to independent review act,” by amending sections 3, 5, 7, 9, 11, 13, 17, 19, 23, 25, and 27 (MCL 550.1903, 550.1905, 550.1907, 550.1909, 550.1911, 550.1913, 550.1917, 550.1919, 550.1923, 550.1925, and 550.1927), section 3 as amended by 2006 PA 542 and sections 11, 13, and 23 as amended by 2000 PA 398. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Brandenburg, Schmidt, Horn, Marleau, Bieda, Johnson and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Insurance reported House Bill No. 4934, entitled A bill to amend 1984 PA 64, entitled “The coordination of benefits act,” by amending the title and sections 2, 3, and 4 (MCL 550.252, 550.253, and 550.254), section 3 as amended by 1996 PA 325; and to repeal acts and parts of acts. No. 55] [June 1, 2016] JOURNAL OF THE SENATE 913 ith the recommendation that the substitute (S-1) be adopted and that the bill then pass. W The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Brandenburg, Schmidt, Horn, Marleau, Bieda, Johnson and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Insurance reported House Bill No. 4935, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 106, 116, 120, 221, 222, 250, 402, 436, 436a, 454, 460, 462, 606, 632, 1001, 2003, 2006, 2059, 2212a, 2212b, 2213, 2213a, 2213b, 2214, 2236, 2237, 3400, 3402, 3403, 3404, 3405, 3405a, 3406a, 3406c, 3406d, 3406e, 3406j, 3406k, 3406l, 3406m, 3406n, 3406o, 3406p, 3406q, 3406r, 3406s, 3407, 3407b, 3408, 3409, 3411, 3412, 3413, 3414, 3416, 3418, 3420, 3422, 3424, 3425, 3426, 3428, 3432, 3438, 3440, 3452, 3472, 3474, 3474a, 3475, 3476, 3501, 3503, 3505, 3507, 3508, 3509, 3511, 3513, 3515, 3517, 3519, 3528, 3533, 3535, 3545, 3547, 3548, 3551, 3553, 3555, 3557, 3559, 3561, 3563, 3569, 3571, 3573, 3701, 3703, 3705, 3711, 3723, 4601, 4701, 6428, 7060, and 7705 (MCL 500.106, 500.116, 500.120, 500.221, 500.222, 500.250, 500.402, 500.436, 500.436a, 500.454, 500.460, 500.462, 500.606, 500.632, 500.1001, 500.2003, 500.2006, 500.2059, 500.2212a, 500.2212b, 500.2213, 500.2213a, 500.2213b, 500.2214, 500.2236, 500.2237, 500.3400, 500.3402, 500.3403, 500.3404, 500.3405, 500.3405a, 500.3406a, 500.3406c, 500.3406d, 500.3406e, 500.3406j, 500.3406k, 500.3406l, 500.3406m, 500.3406n, 500.3406o, 500.3406p, 500.3406q, 500.3406r, 500.3406s, 500.3407, 500.3407b, 500.3408, 500.3409, 500.3411, 500.3412, 500.3413, 500.3414, 500.3416, 500.3418, 500.3420, 500.3422, 500.3424, 500.3425, 500.3426, 500.3428, 500.3432, 500.3438, 500.3440, 500.3452, 500.3472, 500.3474, 500.3474a, 500.3475, 500.3476, 500.3501, 500.3503, 500.3505, 500.3507, 500.3508, 500.3509, 500.3511, 500.3513, 500.3515, 500.3517, 500.3519, 500.3528, 500.3533, 500.3535, 500.3545, 500.3547, 500.3548, 500.3551, 500.3553, 500.3555, 500.3557, 500.3559, 500.3561, 500.3563, 500.3569, 500.3571, 500.3573, 500.3701, 500.3703, 500.3705, 500.3711, 500.3723, 500.4601, 500.4701, 500.6428, 500.7060, and 500.7705), sections 116 and 436a as added and section 436 as amended by 1992 PA 182, section 221 as added by 2001 PA 275, section 222 as amended by 1994 PA 443, section 250 as amended by 2002 PA 684, section 454 as amended by 1987 PA 168, section 632 as amended by 1994 PA 226, section 1001 as amended by 2008 PA 342, section 2006 as amended by 2004 PA 28, section 2059 as amended by 1986 PA 253, section 2212a as amended by 2001 PA 235, section 2212b as amended by 2000 PA 486, section 2213 as amended by 2012 PA 445, section 2213a as amended by 2002 PA 707, sections 2213b, 3426, and 3705 as amended and sections 3405a, 3428, 3472, and 3474a as added by 2013 PA 5, section 2236 as amended by 2014 PA 140, sections 3405 and 3475 as amended by 2014 PA 263, section 3406a as added by 1982 PA 527, section 3406c as amended by 1994 PA 233, sections 3406d and 3406e as added by 1989 PA 59, section 3406j as added by 1998 PA 136, section 3406k as amended by 2004 PA 7, section 3406l as added by 2004 PA 171, section 3406m as added by 1998 PA 402, section 3406n as added by 1999 PA 179, section 3406o as added by 1999 PA 177, section 3406p as added by 2000 PA 425, section 3406q as amended and sections 3701, 3703, 3711, and 3723 as added by 2003 PA 88, section 3406r as added by 2004 PA 375, section 3406s as added by 2012 PA 100, section 3407b as added by 2000 PA 27, section 3409 as amended by 1990 PA 170, section 3418 as amended by 1984 PA 280, section 3425 as added by 1980 PA 429, section 3440 as amended by 1987 PA 52, section 3476 as added by 2012 PA 215, sections 3501, 3505, 3507, 3508, 3509, 3511, 3513, 3535, 3545, 3547, 3548, 3551, 3553, 3555, 3557, 3559, 3561, 3563, 3569, and 3573 as added by 2000 PA 252, section 3503 as amended by 2006 PA 366, sections 3515, 3517, 3519, 3533, and 3571 as amended by 2005 PA 306, section 3528 as amended by 2002 PA 621, sections 4601 and 4701 as added by 2008 PA 29, section 7060 as amended by 1999 PA 82, and section 7705 as amended by 2006 PA 671, and by adding sections 607, 608, 3401a, 3402a, 3402b, 3402c, 3402d, 3402e, 3402f, 3402g, 3402h, 3477, and 3544; and to repeal acts and parts of acts. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Brandenburg, Schmidt, Horn, Marleau, Bieda, Johnson and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. 914 JOURNAL OF THE SENATE [June 1, 2016] [No. 55 COMMITTEE ATTENDANCE REPORT he Committee on Insurance submitted the following: T Meeting held on Tuesday, May 31, 2016, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Brandenburg, Schmidt, Horn, Marleau, Bieda, Johnson and Young Excused: Senators Hune (C), O’Brien and Jones COMMITTEE ATTENDANCE REPORT he Conference Committee on Natural Resources (SB 795) submitted the following: T Meeting held on Tuesday, May 31, 2016, at 8:45 a.m., Room 110, Farnum Building Present: Senators Green (C), Booher and Hopgood COMMITTEE ATTENDANCE REPORT he Conference Committee on Military and Veterans Affairs (HB 5256) submitted the following: T Meeting held on Tuesday, May 31, 2016, at 9:00 a.m., Room 424, Capitol Building Present: Senators Nofs, Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Conference Committee on State Police (HB 5263) submitted the following: T Meeting held on Tuesday, May 31, 2016, at 9:30 a.m., Room 424, Capitol Building Present: Senators Nofs, Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Conference Committee on Licensing and Regulatory Affairs (SB 793) submitted the following: T Meeting held on Tuesday, May 31, 2016, at 9:40 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Knollenberg (C), Marleau and Young COMMITTEE ATTENDANCE REPORT he Conference Committee on Agriculture and Rural Development (HB 5268) submitted the following: T Meeting held on Tuesday, May 31, 2016, at 9:45 a.m., Room 426, Capitol Building Present: Senators Green, Stamas and Hopgood COMMITTEE ATTENDANCE REPORT he Conference Committee on General Government (HB 5276) submitted the following: T Meeting held on Wednesday, June 1, 2016, at 8:15 a.m., House Appropriations Room, 3rd Floor, Capitol Building Present: Senators Stamas, Nofs and Young COMMITTEE ATTENDANCE REPORT he Conference Committee on Higher Education (SB 790) submitted the following: T Meeting held on Wednesday, June 1, 2016, at 9:00 a.m., Rooms 402 and 403, Capitol Building Present: Senators Schuitmaker (C) and MacGregor Excused: Senator Hertel COMMITTEE ATTENDANCE REPORT he Conference Committee on Natural Resources (SB 795) submitted the following: T Meeting held on Wednesday, June 1, 2016, at 9:30 a.m., Room 110, Farnum Building Present: Senators Green (C), Booher and Hopgood No. 55] [June 1, 2016] JOURNAL OF THE SENATE 915 Scheduled Meetings Oversight - Thursday, June 9, 8:30 a.m., Room 100, Farnum Building (373-5314) Senate Fiscal Agency Board of Governors - Thursday, June 9, 9:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 10:54 a.m. In pursuance of the order previously made, the Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Tuesday, June 7, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 916 No. 56 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Tuesday, June 7, 2016. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—present Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 918 JOURNAL OF THE SENATE [June 7, 2016] [No. 56 enator Jim Stamas of the 36th District offered the following invocation: S Dear Lord, we thank You for the opportunity to come before You this morning. We ask that You look over us, and guide us as we proceed through the session today. We ask that You be with those who are in harm’s way, Lord. We ask that You be with those who call out Your name. In Your name, we pray this. Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Hood and Johnson entered the Senate Chamber. The following communication was received and read: Office of the Senate Majority Leader I would like Senate Bill 1007 re-referred to the Senate Committee on Appropriations. If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communication was referred to the Secretary for record. June 1, 2016 The following communications were received and read: Office of the Auditor General May 31, 2016 nclosed is a copy of the following Preliminary Survey Summary: E • Selected Road and Bridge Construction Project Management Activities, Michigan Department of Transportation. June 2, 2016 nclosed is a copy of the following audit report: E • Performance audit report on the Office of Business Development, Michigan Department of Transportation. Sincerely, Doug Ringler Auditor General The preliminary survey summary and audit report were referred to the Committee on Government Operations. The following communication was received: Department of State Administrative Rules Notice of Filing May 27, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-070-HS (Secretary of State Filing #16-05-07) on this date at 3:18 p.m. for the Department of Health and Human Services entitled, “Cancer Reporting.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communication was referred to the Secretary for record. No. 56] [June 7, 2016] JOURNAL OF THE SENATE The following communications were received: Office of Senator Arlan B. Meekhof ursuant to Senate Rule 1.110(c), I would like to add my name as co‑sponsor to Senate Bill 711. P If you have any questions regarding this matter, please do not hesitate to contact me. ursuant to Senate Rule 1.110(c), I would like to add my name as co‑sponsor to Senate Bill 820. P If you have any questions regarding this matter, please do not hesitate to contact me. ursuant to Senate Rule 1.110(c), I would like to add my name as co‑sponsor to Senate Bill 822. P If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communications were referred to the Secretary for record. 919 June 6, 2016 June 6, 2016 June 6, 2016 The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, June 1: House Bill Nos. 4423 4424 4425 4426 4427 5429 5599 The Secretary announced that the following House bills and joint resolution were received in the Senate and filed on Thursday, June 2: House Bill Nos. 5503 5577 5618 5619 5620 5641 5642 5656 5657 HJR N The Secretary announced that the following House bills were received in the Senate and filed on Friday, June 3: House Bill Nos. 4235 5457 5458 5484 5621 5631 5639 5693 5694 5695 5701 5706 The Secretary announced the enrollment printing and presentation to the Governor on Thursday, June 2, for his approval the following bills: Enrolled Senate Bill No. 748 at 11:28 a.m. Enrolled Senate Bill No. 750 at 11:30 a.m. Enrolled Senate Bill No. 749 at 11:32 a.m. Enrolled Senate Bill No. 858 at 2:55 p.m. Enrolled Senate Bill No. 901 at 2:57 p.m. The Secretary announced the enrollment printing and presentation to the Governor on Monday, June 6, for his approval the following bills: Enrolled Senate Bill No. 481 at 10:35 a.m. Enrolled Senate Bill No. 844 at 10:37 a.m. The Secretary announced that the following bills were printed and filed on Wednesday, June 1, and are available at the Michigan Legislature website: Senate Bill Nos. 1009 1010 1011 1012 House Bill Nos. 5714 5715 The Secretary announced that the following bills were printed and filed on Thursday, June 2, and are available at the Michigan Legislature website: House Bill Nos. 5716 5717 5718 5719 5720 5721 Senator Kowall moved that Senators Booher, Brandenburg, Hildenbrand, Horn, Knollenberg, Meekhof and Shirkey be temporarily excused from today’s session. The motion prevailed. enator Bieda moved that Senators Ananich and Young be temporarily excused from today’s session. S The motion prevailed. 920 JOURNAL OF THE SENATE [June 7, 2016] [No. 56 Senator Knezek moved that he be removed as prime sponsor of the following bill: Senate Bill No. 822 The motion prevailed. Senators Shirkey, Meekhof and Horn entered the Senate Chamber. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:04 a.m. 10:53 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senators Knollenberg, Brandenburg, Hildenbrand, Booher, Ananich and Young entered the Senate Chamber. Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today: House Bill No. 5164 House Bill No. 5165 House Bill No. 5332 House Bill No. 5333 House Bill No. 5334 House Bill No. 5335 House Bill No. 5336 House Bill No. 5337 House Bill No. 5338 House Bill No. 5339 House Bill No. 5340 House Bill No. 5341 House Bill No. 5342 House Bill No. 5343 House Bill No. 5344 House Bill No. 5345 House Bill No. 5346 House Bill No. 5347 House Bill No. 5348 House Bill No. 5548 House Bill No. 5549 House Bill No. 5550 House Bill No. 5551 The motion prevailed, a majority of the members serving voting therefor. Messages from the Governor The following message from the Governor was received on June 3, 2016, and read: EXECUTIVE ORDER No. 2016-12 Amendment of Executive Order No. 2016-10 WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and No. 56] [June 7, 2016] JOURNAL OF THE SENATE 921 WHEREAS, under Section 4 of 1982 PA 191, MCL 10.84, during a declared State of Energy Emergency the Governor may by executive order suspend a statute, order, rule of a state agency, or specific provision of a statute, order, or rule if strict compliance with the statute, order, rule, or a specific provision of the statute, order, or rule will prevent, hinder, or delay necessary action in coping with an energy emergency; and WHEREAS, in EO 2016-10, a State of Energy Emergency was declared; and long wait times at terminals and difficulties locating supply persist; and WHEREAS, the West Shore pipeline, which transports refined petroleum products from Milwaukee to Green Bay, Wisconsin, continues to be out of service without a known in-service date. This shutdown continues to impact regional supply, notably the Upper Peninsula of Michigan and Cheboygan County, which receive products from Wisconsin terminals via truck and barge, respectively. The loss of supply from the pipeline continues to result in longer driving distances, wait times, and working hours for gasoline and other motor fuels transporters, causing drivers to reach maximum weekly driving and on-duty limits more quickly than normal; and, WHEREAS, production of gasoline and diesel fuel has restarted at the Marathon Refinery following a temporary shutdown, however, it is expected to take approximately a week for inventories to rebuild to levels necessary to supply all customers that typically depend on the refinery for supply; and WHEREAS, appropriate measures must be taken in Michigan to ensure that fuel supplies will remain sufficient and to assure the health, safety, and welfare of Michigan residents and visitors; NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: 1. Executive Order 2016-10 is amended to extend the duration of the energy emergency. This order applies to the entire state of Michigan through June 13, 2016, and for the Upper Peninsula of Michigan and Cheboygan County through June 22, 2016. This Order is effective upon filing and remains in effect until it is rescinded or 11:59:59 p.m. EDT, June 22 2016, whichever first occurs. 2. Copies of this amendment as well as Executive Order 2016-10 should be carried by all drivers relying on this order. Given under my hand and the Great Seal of the State of [SEAL] Michigan this 3rd day of June, in the Year of Our Lord, Two Thousand and Sixteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. The following message from the Governor was received and read: NATURAL RESOURCES; GREAT LAKES; WAIVE PAYMENT FOR OCCUPYING WATERS OR BOTTOMLANDS June 6, 2016 oday I am returning Enrolled Senate Bill 363, without signature. SB 363 would reduce permit fees for noncommercial T residential harbors on the Great Lakes. The bottomlands of the Great Lakes are held in trust for all Michiganders to enjoy. Any change that allows for their private, exclusive use needs careful consideration. While I support ensuring permitting fees are reasonable, the bill moves beyond the original intent of addressing single family residential harbors permit fees with overly broad language that creates additional problems and uncertainty. I am particularly concerned that the fees reduced by the bill will adversely impact the Department of Environmental Quality’s (DEQ) ability to process permits in the timely manner that we have come to expect. There is no corresponding benefit to offset those issues. I support the efforts of this legislation to address what some consider excessive fees for single family residential harbors, and have asked the MDEQ to review their fee schedule for this specific type of use, and recommend to me and the legislature the appropriate changes. I look forward to working with the DEQ and the Sponsor to address the discrete issue this legislation was originally intended to solve. Sincerely, Rick Snyder Governor This bill was returned from the Governor on June 6, 2016, at 1:29 p.m. The question being on the passage of the bill, the objections of the Governor to the contrary notwithstanding, Senator Kowall moved that the veto message be referred to the Government Operations. The motion prevailed. 922 JOURNAL OF THE SENATE [June 7, 2016] [No. 56 Messages from the House Senate Bill No. 292, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 367 (MCL 18.1367), as amended by 1999 PA 8. The House of Representatives has passed the bill, and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 428, entitled A bill to establish the American Red Cross Michigan fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations. The House of Representatives has passed the bill and ordered that the bill be given immediate effect. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Gregory as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 1008, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 10 (MCL 421.10), as amended by 2015 PA 57. House Bill No. 5164, entitled A bill to amend 1967 PA 288, entitled “Land division act,” by amending section 241 (MCL 560.241), as amended by 1998 PA 549. House Bill No. 5165, entitled A bill to amend 1895 PA 107, entitled “An act to provide for recording in the offices of registers of deeds certified copies of judgments and decrees of courts of record and making the record thereof evidence in courts, and making such records heretofore made like evidence,” by amending section 2 (MCL 565.412). House Bill No. 5332, entitled A bill to amend 1965 PA 190, entitled “An act to provide for a system of uniformity of service for veterans,” by amending the title and sections 1 and 2 (MCL 35.61 and 35.62), section 1 as amended by 1997 PA 131. House Bill No. 5333, entitled A bill to amend 1947 PA 12, entitled “Veterans’ military pay act,” by amending section 2 (MCL 35.922). House Bill No. 5334, entitled A bill to amend 1974 PA 370, entitled “Vietnam veteran era bonus act,” by amending section 2 (MCL 35.1022), as amended by 1980 PA 194. No. 56] [June 7, 2016] JOURNAL OF THE SENATE 923 House Bill No. 5335, entitled A bill to amend 1955 PA 8, entitled “Korean veterans’ military pay fund act of 1955,” by amending section 2 (MCL 35.972). House Bill No. 5336, entitled A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 2 (MCL 28.292), as amended by 2016 PA 5. House Bill No. 5337, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2012 PA 555. House Bill No. 5338, entitled A bill to amend 1994 PA 39, entitled “Veteran right to employment services act,” by amending section 2 (MCL 35.1092). House Bill No. 5339, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5701 (MCL 333.5701), as added by 1987 PA 48. House Bill No. 5340, entitled A bill to amend 2014 PA 508, entitled “Private employer’s veterans’ preference policy act,” by amending section 1 (MCL 35.1201). House Bill No. 5341, entitled A bill to amend 1899 PA 214, entitled “An act to provide relief outside of the soldiers’ home for honorably discharged indigent soldiers, sailors, marines, nurses and members of women’s auxiliaries and the indigent wives, widows and minor children of such indigent or deceased soldiers, sailors, marines, nurses and members of women’s auxiliaries, and to repeal certain acts and parts of acts,” by amending section 2 (MCL 35.22). House Bill No. 5342, entitled A bill to amend 1974 PA 106, entitled “An act to authorize the issuance of general obligation bonds of the state and to pledge the full faith and credit of the state for the payment of principal and interest thereon for a service bonus for certain veterans; to provide for other matters relating to the bonds and the use of the proceeds of sale of the bonds; and to provide for the submission of the question of the issuance of the bonds to the electors of the state,” by amending section 1 (MCL 35.1001). House Bill No. 5343, entitled A bill to amend 1946 (1st Ex Sess) PA 27, entitled “An act to protect the work and study performed by applicants for license or qualification for any of the trades, occupations or professions before being inducted into the armed forces; to prevent service in the armed forces being considered as a disqualifying interruption of or delay in commencement of any required period of practical experience, apprenticeship, study or training; and to permit boards of examiners and similar boards to equitably evaluate and give credit for training and experience in the armed forces,” by amending section 1 (MCL 35.581). House Bill No. 5344, entitled A bill to amend 1897 PA 205, entitled “An act to prefer honorably discharged members of the armed forces of the United States for public employments,” by amending section 1 (MCL 35.401), as amended by 2008 PA 28. 924 JOURNAL OF THE SENATE [June 7, 2016] [No. 56 House Bill No. 5345, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 516 (MCL 206.516), as amended by 1987 PA 254. House Bill No. 5346, entitled A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” by amending section 2a (MCL 36.2a), as added by 2011 PA 283. House Bill No. 5347, entitled A bill to amend 1921 PA 359, entitled “An act to provide for the issuance of veterans’ licenses without cost to former members of the armed forces of the United States to sell their own goods within this state; and to prescribe remedies,” by amending sections 1 and 2 (MCL 35.441 and 35.442), section 1 as amended by 1989 PA 20 and section 2 as amended by 1996 PA 187. House Bill No. 5348, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1200 (MCL 600.1200), as added by 2012 PA 335. House Bill No. 5548, entitled A bill to amend 1911 PA 235, entitled “An act to provide for the payment and reimbursement by counties, in certain cases upon application therefor, of expenses incurred in the burial of the bodies of honorably discharged members of the armed forces of the United States, or their spouses, and to repeal certain acts or parts of acts,” by amending section 1 (MCL 35.801), as amended by 2003 PA 290. House Bill No. 5549, entitled A bill to amend 1946 (1st Ex Sess) PA 9, entitled “An act to create the Michigan veterans’ trust fund, and to define who shall be eligible to receive assistance therefrom; to provide for the disbursement of the income thereof and surplus therein; to create a board of trustees, and to prescribe its powers and duties; to provide for county and district committees, and their powers, duties, and expenses; to prescribe penalties; and to make appropriations to carry out the provisions of this act,” by amending section 2 (MCL 35.602). House Bill No. 5550, entitled A bill to amend 1899 PA 214, entitled “An act to provide relief outside of the soldiers’ home for honorably discharged indigent soldiers, sailors, marines, nurses and members of women’s auxiliaries and the indigent wives, widows and minor children of such indigent or deceased soldiers, sailors, marines, nurses and members of women’s auxiliaries, and to repeal certain acts and parts of acts,” by amending section 1 (MCL 35.21), as amended by 1984 PA 168. House Bill No. 5551, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 310 (MCL 257.310), as amended by 2016 PA 4. The bills were placed on the order of Third Reading of Bills. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 11:17 a.m. 11:48 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. No. 56] [June 7, 2016] JOURNAL OF THE SENATE 925 By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senators Shirkey, Marleau, Booher, Warren, Emmons and Hertel introduced Senate Bill No. 1013, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16221, 16226, 16323, 16601, 16605, 16621, and 16626 (MCL 333.16221, 333.16226, 333.16323, 333.16601, 333.16605, 333.16621, and 333.16626), section 16221 as amended by 2014 PA 411, section 16226 as amended by 2014 PA 412, section 16323 as amended by 2014 PA 305, section 16605 as added by 2006 PA 429, section 16621 as amended by 2002 PA 590, and section 16626 as added by 2012 PA 289, and by adding sections 16651, 16652, 16653, 16654, 16655, 16656, 16657, 16658, 16659, and 16660. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senator Jones introduced Senate Bill No. 1014, entitled A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 7 (MCL 24.207), as amended by 2011 PA 52. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Warren, Bieda, Gregory, O’Brien, Knezek, Rocca, Schuitmaker, Nofs, Ananich, Hood, Emmons, Kowall and Brandenburg introduced Senate Bill No. 1015, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16343a and part 182A. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators O’Brien, Warren, Bieda, Gregory, Knezek, Rocca, Schuitmaker, Nofs, Ananich, Hood, Emmons, Kowall and Brandenburg introduced Senate Bill No. 1016, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 18255 to part 182A. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Jones, Hood and Proos introduced Senate Bill No. 1017, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 81f. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Jones, Hood and Proos introduced Senate Bill No. 1018, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2016 PA 88. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Kowall introduced Senate Bill No. 1019, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17210 and 17708 (MCL 333.17210 and 333.17708), section 17708 as amended by 2016 PA 49. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. ouse Joint Resolution N, entitled H A joint resolution proposing an amendment to the state constitution of 1963, by amending section 11 of article I, to require the government to obtain a search warrant in order to access a person’s electronic data or communication. 926 JOURNAL OF THE SENATE [June 7, 2016] [No. 56 he House of Representatives has adopted the joint resolution by a 2/3 vote. T The joint resolution was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the joint resolution be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 4235, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 2617a. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Health Policy. House Bill No. 4423, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 627 (MCL 257.627), as amended by 2012 PA 252; and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 4424, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 627a and 633 (MCL 257.627a and 257.633), section 627a as amended by 2005 PA 88. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 4425, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 628 (MCL 257.628), as amended by 2006 PA 85. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 4426, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 320a, 606, 608, 609, and 610 (MCL 257.320a, 257.606, 257.608, 257.609, and 257.610), section 320a as amended by 2012 PA 592 and section 606 as amended by 1980 PA 518. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 4427, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2103 (MCL 500.2103), as amended by 2002 PA 492. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 5429, entitled A bill to amend 1998 PA 362, entitled “Michigan marina and boatyard storage lien act,” by amending sections 2, 3, 4, 5, and 6 (MCL 570.372, 570.373, 570.374, 570.375, and 570.376). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5457, entitled A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 237 (MCL 208.1237). The House of Representatives has passed the bill and ordered that it be given immediate effect. No. 56] [June 7, 2016] JOURNAL OF THE SENATE 927 he bill was read a first and second time by title. T Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 5458, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 637 (MCL 206.637), as added by 2011 PA 38. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 5484, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40116 (MCL 324.40116), as amended by 2009 PA 65. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. House Bill No. 5503, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 1303 (MCL 700.1303), as amended by 2000 PA 54. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5577, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 226, 248, 248h, and 802 (MCL 257.226, 257.248, 257.248h, and 257.802), section 226 as amended by 2004 PA 163, section 248 as amended by 2004 PA 495, section 248h as added by 1993 PA 300, and section 802 as amended by 2015 PA 78, and by adding sections 248k, 250a, 250b, and 250c. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. House Bill No. 5599, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21502, 21503, 21508, 21510, 21510a, 21510c, 21515, 21516, 21521, and 21526 (MCL 324.21502, 324.21503, 324.21508, 324.21510, 324.21510a, 324.21510c, 324.21515, 324.21516, 324.21521, and 324.21526), sections 21502, 21503, 21508, 21510, 21515, 21516, 21521, and 21526 as amended and sections 21510a and 21510c as added by 2014 PA 416, and by adding section 21510d. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Natural Resources. House Bill No. 5618, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1310d. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5619, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1310c. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. 928 JOURNAL OF THE SENATE [June 7, 2016] [No. 56 House Bill No. 5620, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1310b (MCL 380.1310b), as amended by 2014 PA 478. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5621, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1308 (MCL 380.1308), as added by 1999 PA 102. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5631, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 50507 (MCL 324.50507), as amended by 2004 PA 124. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 5639, entitled A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” (MCL 36.1 to 36.12) by adding section 9. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. House Bill No. 5641, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2950n. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5642, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2950o. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5656, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 312j. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 5657, entitled A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending section 55 (MCL 256.675). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 5693, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1311 (MCL 380.1311), as amended by 2008 PA 1. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Education. No. 56] [June 7, 2016] JOURNAL OF THE SENATE 929 House Bill No. 5694, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1310 (MCL 380.1310), as amended by 2000 PA 230. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Education. House Bill No. 5695, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1311a (MCL 380.1311a), as amended by 2007 PA 138. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Education. House Bill No. 5701, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 267 (MCL 18.1267), as amended by 2012 PA 237. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 5706, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 819 (MCL 257.819), as amended by 2009 PA 137. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 11:58 a.m. 12:05 p.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 429, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2013 PA 92. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: 930 JOURNAL OF THE SENATE [June 7, 2016] Roll Call No. 359 [No. 56 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 483, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 24 and 36 of chapter X and sections 13a and 18f of chapter XIIA (MCL 710.24, 710.36, 712A.13a, and 712A.18f), section 24 of chapter X as amended by 2014 PA 531, section 36 of chapter X as amended by 1996 PA 409, section 13a of chapter XIIA as amended by 2012 PA 163, and section 18f of chapter XIIA as amended by 2012 PA 115. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1939 PA 288, entitled “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,” by amending sections 24 and 36 of chapter X and sections 13a, 18, and 18f of chapter XIIA (MCL 710.24, 710.36, 712A.13a, 712A.18, and 712A.18f), section 24 of chapter X as amended by 2014 PA 531, section 36 of chapter X as amended by 1996 PA 409, section 13a of chapter XIIA as amended by 2015 PA 228, section 18 of chapter XIIA as amended by 2011 PA 295, and section 18f of chapter XIIA as amended by 2012 PA 115. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: No. 56] Roll Call No. 360 [June 7, 2016] JOURNAL OF THE SENATE 931 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 523, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 72114 (MCL 324.72114), as amended by 2014 PA 210, and by adding section 72117. The House of Representatives has amended the bill as follows: 1. Amend page 3, line 16, after “COMMISSION,” by inserting “HISTORIC PRESERVATION ORGANIZATIONS,”. The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the amendment made to the bill by the House, The amendment was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 361 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen 932 JOURNAL OF THE SENATE [June 7, 2016] [No. 56 Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 599, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2567 (MCL 600.2567), as amended by 2004 PA 538. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 362 Ananich Bieda Booher Casperson Green Gregory Hansen Hertel Yeas—30 Hildenbrand Kowall Robertson Hood MacGregor Schmidt Hopgood Marleau Schuitmaker Horn Meekhof Shirkey Johnson Nofs Stamas Jones O’Brien Warren Knezek Proos Zorn Knollenberg Nays—7 Brandenburg Emmons Colbeck Hune Excused—0 Not Voting—0 In The Chair: O’Brien The President, Lieutenant Governor Calley, resumed the Chair. Pavlov Young Rocca No. 56] he T The The The [June 7, 2016] JOURNAL OF THE SENATE 933 question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 600, entitled A bill to amend 1937 PA 146, entitled “An act to establish, protect and enforce by lien the rights of laborers, contractors, sub-contractors and material men and other persons furnishing labor, tools, or materials, or other things of value, for the drilling, boring, torpedoing, acidizing, completing, operating or repairing of any oil or gas well, or the constructing or repairing of any oil or gas pipe line, oil or gas derrick, or oil tank,” by amending section 4 (MCL 570.254). The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 363 Ananich Bieda Booher Casperson Green Gregory Hansen Hertel Yeas—31 Hildenbrand Kowall Schmidt Hood MacGregor Schuitmaker Hopgood Marleau Shirkey Horn Meekhof Stamas Johnson Nofs Warren Jones O’Brien Young Knezek Proos Zorn Knollenberg Robertson Nays—6 Brandenburg Emmons Pavlov Rocca Colbeck Hune Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 601, entitled A bill to amend 1983 PA 102, entitled “Uniform federal lien registration act,” by amending section 6 (MCL 211.666). The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. 934 JOURNAL OF THE SENATE [June 7, 2016] [No. 56 ending the order that, under rule 3.202, the bill be laid over one day, P Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 364 Ananich Bieda Booher Casperson Green Gregory Hansen Hertel Yeas—31 Hildenbrand Kowall Schmidt Hood MacGregor Schuitmaker Hopgood Marleau Shirkey Horn Meekhof Stamas Johnson Nofs Warren Jones O’Brien Young Knezek Proos Zorn Knollenberg Robertson Nays—6 Brandenburg Emmons Pavlov Rocca Colbeck Hune Excused—0 Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 602, entitled A bill to amend 1968 PA 203, entitled “State tax lien registration act,” by amending section 5 (MCL 211.685). The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 365 Ananich Bieda Booher Yeas—31 Hildenbrand Kowall Schmidt Hood MacGregor Schuitmaker Hopgood Marleau Shirkey No. 56] Casperson Green Gregory Hansen Hertel [June 7, 2016] JOURNAL OF THE SENATE 935 Horn Meekhof Stamas Johnson Nofs Warren Jones O’Brien Young Knezek Proos Zorn Knollenberg Robertson Nays—6 Brandenburg Emmons Pavlov Rocca Colbeck Hune Excused—0 Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 603, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 15 (MCL 421.15), as amended by 2011 PA 269. The House of Representatives has substituted (H-3) the bill. The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 366 Ananich Bieda Booher Casperson Green Gregory Hansen Hertel Yeas—31 Hildenbrand Kowall Schmidt Hood MacGregor Schuitmaker Hopgood Marleau Shirkey Horn Meekhof Stamas Johnson Nofs Warren Jones O’Brien Young Knezek Proos Zorn Knollenberg Robertson Nays—6 Brandenburg Emmons Pavlov Rocca Colbeck Hune 936 JOURNAL OF THE SENATE [June 7, 2016] [No. 56 Excused—0 Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 604, entitled A bill to amend 1962 PA 174, entitled “Uniform commercial code,” by amending section 9525 (MCL 440.9525), as amended by 2004 PA 212. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 367 Ananich Bieda Booher Casperson Green Gregory Hansen Hertel Yeas—31 Hildenbrand Kowall Schmidt Hood MacGregor Schuitmaker Hopgood Marleau Shirkey Horn Meekhof Stamas Johnson Nofs Warren Jones O’Brien Young Knezek Proos Zorn Knollenberg Robertson Nays—6 Brandenburg Emmons Pavlov Rocca Colbeck Hune Excused—0 Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. No. 56] [June 7, 2016] JOURNAL OF THE SENATE 937 Senate Bill No. 610, entitled A bill to amend 1978 PA 59, entitled “Condominium act,” by amending section 67 (MCL 559.167), as amended by 2002 PA 283. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 368 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 632, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 308, 846, 866, and 867 (MCL 600.308, 600.846, 600.866, and 600.867), section 308 as amended by 2013 PA 164 and section 846 as amended by 1989 PA 70; and to repeal acts and parts of acts. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: 938 JOURNAL OF THE SENATE [June 7, 2016] Roll Call No. 369 [No. 56 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 672, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5109 (MCL 700.5109), as added by 2011 PA 61. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 370 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen No. 56] [June 7, 2016] JOURNAL OF THE SENATE 939 Nays—0 Excused—0 Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 690, entitled A bill to amend 1991 PA 179, entitled “Michigan telecommunications act,” by amending subheading E of article 3 and section 315 (MCL 484.2315), as amended by 2011 PA 58. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. enator Kowall moved that rule 2.106 be suspended to allow committees to meet during Senate session. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess until 1:30 p.m. S The motion prevailed, the time being 12:45 p.m. The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Senator Schuitmaker. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 1:31 p.m. 2:26 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. Senate Bill No. 691, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17601 (MCL 333.17601), as added by 2008 PA 524. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. 940 JOURNAL OF THE SENATE [June 7, 2016] [No. 56 Senate Bill No. 692, entitled A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 939 (MCL 330.1939), as amended by 1990 PA 263. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 693, entitled A bill to amend 1937 PA 72, entitled “Division on deafness act,” by amending the title and section 1 (MCL 408.201), as amended by 1988 PA 434. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 694, entitled A bill to amend 1937 PA 72, entitled “Division on deafness act,” by amending section 2 (MCL 408.202), as amended by 1988 PA 434. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 737, entitled A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 25 (MCL 205.25), as amended by 2002 PA 657. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 371 Ananich Bieda Yeas—30 Hildenbrand Hood MacGregor Schmidt Marleau Schuitmaker No. 56] [June 7, 2016] JOURNAL OF THE SENATE 941 Booher Hopgood Meekhof Shirkey Casperson Horn Nofs Stamas Green Johnson O’Brien Warren Gregory Jones Proos Young Hansen Knezek Robertson Zorn Hertel Knollenberg Nays—7 Brandenburg Emmons Colbeck Hune Kowall Rocca Pavlov Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate proceeded to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage: Senate Bill No. 1008 House Bill No. 5164 House Bill No. 5165 House Bill No. 5332 House Bill No. 5333 House Bill No. 5334 House Bill No. 5335 House Bill No. 5336 House Bill No. 5337 House Bill No. 5338 House Bill No. 5339 House Bill No. 5340 House Bill No. 5341 House Bill No. 5342 House Bill No. 5343 House Bill No. 5344 House Bill No. 5345 House Bill No. 5346 House Bill No. 5347 House Bill No. 5348 House Bill No. 5548 House Bill No. 5549 House Bill No. 5550 House Bill No. 5551 The motion prevailed, a majority of the members serving voting therefor. 942 JOURNAL OF THE SENATE [June 7, 2016] [No. 56 enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 5050 House Bill No. 5051 House Bill No. 5052 House Bill No. 5053 House Bill No. 5054 House Bill No. 5055 House Bill No. 5059 House Bill No. 5060 House Bill No. 5392 Senate Bill No. 1008 House Bill No. 5164 House Bill No. 5165 House Bill No. 5332 House Bill No. 5333 House Bill No. 5334 House Bill No. 5335 House Bill No. 5336 House Bill No. 5337 House Bill No. 5338 House Bill No. 5339 House Bill No. 5340 House Bill No. 5341 House Bill No. 5342 House Bill No. 5343 House Bill No. 5344 House Bill No. 5345 House Bill No. 5346 House Bill No. 5347 House Bill No. 5348 House Bill No. 5548 House Bill No. 5549 House Bill No. 5550 House Bill No. 5551 The motion prevailed. The following bill was read a third time: House Bill No. 5050, entitled A bill to repeal 1929 PA 72, entitled “An act to encourage the breeding of horses; to regulate the public service of stallions; to require the registration of stallions; to provide for the compilation and publication of statistics relative to horse breeding; to provide for a lien; to provide penalties for the violation of this act; and to repeal Act No. 256 of the Public Acts of 1911, as amended by Act No. 75 of the Public Acts of 1921,” (MCL 287.201 to 287.210). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 372 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen No. 56] [June 7, 2016] JOURNAL OF THE SENATE 943 Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5051, entitled A bill to repeal 1889 PA 226, entitled “An act to provide for the collection of specific taxes from corporations, copartnerships, parties or persons, subject under any laws of this state to the payment of such taxes; to fix the time when such taxes become a lien upon the property of such corporations, copartnerships, parties or persons, and to define the property to which the lien shall attach; and to repeal Act No. 57 of the session laws of 1872, approved March twenty-ninth, 1872, and Acts No. 10 and 11 of the session laws of 1873, approved February fourteenth, 1873, being sections numbered 1249 to 1256, both inclusive, of Howell’s annotated statutes of 1882,” (MCL 207.441 to 207.447). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 373 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. 944 JOURNAL OF THE SENATE [June 7, 2016] [No. 56 The following bill was read a third time: House Bill No. 5052, entitled A bill to repeal 1913 PA 340, entitled “An act to prevent and punish the sale of immature and unwholesome calves, pigs, kids and lambs,” (MCL 289.251 to 289.253). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 374 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 2:52 p.m. 3:26 p.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. The following bill was read a third time: House Bill No. 5053, entitled A bill to amend 1939 PA 309, entitled “An act to provide for the regulation, registration, identification and licensing of dogs; to prescribe the powers and duties of the commissioner of agriculture with respect thereto; to prescribe penalties for violation of the provisions of this act; and to declare the effect of this act,” by repealing sections 1, 2, 3, 4, 5, 6, and 7 (MCL 287.301, 287.302, 287.303, 287.304, 287.305, 287.306, and 287.307). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 56] Roll Call No. 375 [June 7, 2016] JOURNAL OF THE SENATE 945 Yeas—36 Ananich Hansen Knezek Proos Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Rocca Brandenburg Hood MacGregor Schuitmaker Casperson Hopgood Marleau Shirkey Colbeck Horn Meekhof Stamas Emmons Hune Nofs Warren Green Johnson O’Brien Young Gregory Jones Pavlov Zorn Nays—0 Excused—0 Not Voting—1 Schmidt In The Chair: O’Brien Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 3:28 p.m. 3:42 p.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. enator Kowall moved to reconsider the vote by which the bill was passed. S The motion prevailed, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 376 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen 946 JOURNAL OF THE SENATE [June 7, 2016] [No. 56 Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5054, entitled A bill to amend 1931 PA 189, entitled “The insect pest and plant disease act,” by repealing section 12 (MCL 286.212). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 377 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to regulate the sale and distribution of nursery stock, plants, and plant products; to prevent the introduction into and the dissemination within this state of insect pests and plant diseases; to provide for the destruction and control of insect pests and plant diseases; to provide for the destruction or treatment of certain plants or plant products; to provide for the licensure and inspection of certain persons and activities under certain circumstances; to impose certain powers and duties on the director of agriculture; to create certain restricted funds for certain department activities and to allow allocation of those funds throughout the department; to provide for the promulgation of rules; to prescribe penalties and civil sanctions; and to provide remedies,”. The Senate agreed to the full title. No. 56] [June 7, 2016] JOURNAL OF THE SENATE 947 The following bill was read a third time: House Bill No. 5055, entitled A bill to repeal 1983 PA 220, entitled “An act to authorize the department of agriculture to acquire for purposes of eminent domain any interests in property necessary to remove and dispose of silos treated with polychlorinated biphenyls; to require the execution of a subrogation agreement under certain circumstances; to create a fund; and to prescribe the powers and duties of the attorney general,” (MCL 288.451 to 288.454). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 378 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5059, entitled A bill to repeal 1962 PA 213, entitled “An act to encourage the raising of started pullets; to provide for the inspection and certification as to the age, condition and health of started pullets; to define certain terms; to provide authority to establish and collect fees; to impose certain responsibilities on the department of agriculture; to grant authority to make rules and regulations to carry out the purpose of this act; and to prescribe penalties for violation thereof,” (MCL 287.171 to 287.175). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 379 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas 948 JOURNAL OF THE SENATE [June 7, 2016] [No. 56 Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5060, entitled A bill to repeal 1929 PA 134, entitled “An act to provide for the regulation of the sale of live stock and poultry remedies, defining same; to provide for their licensing and registration, labeling, inspection and analyses; to prohibit the sale of fraudulent or adulterated remedies; to provide for guarantees regarding ingredients; to provide for the collection of license fees from manufacturers of or dealers in these remedies; to provide for penalties for the violation of the provisions of this act; to authorize the expenditure of the funds derived from the license fees, and repeal all acts or parts of acts in conflict,” (MCL 287.141 to 287.150). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 380 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 In The Chair: O’Brien Not Voting—0 No. 56] [June 7, 2016] JOURNAL OF THE SENATE 949 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5392, entitled A bill to amend 1965 PA 329, entitled “Michigan seed law,” by amending section 11 (MCL 286.711), as amended by 1996 PA 86. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 381 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to regulate the labeling, coloration, advertising, sale, offering, exposing, or transporting for sale of agricultural, vegetable, lawn, flower, and forest tree seeds; to authorize the director of agriculture to adopt rules for the enforcement of this act; to provide for the inspection and testing of seed; to prescribe license fees; to preempt ordinances prohibiting or regulating certain activities with respect to seeds; and to prescribe penalties for violation of this act,”. The Senate agreed to the full title. By unanimous consent the Senate returned to the order of Motions and Communications The following communication was received and read: Office of the Senate Majority Leader I would like House Bills 5693, 5694, and 5695 re-referred to the Senate Committee on Judiciary. If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communication was referred to the Secretary for record. June 7, 2016 950 JOURNAL OF THE SENATE [June 7, 2016] [No. 56 By unanimous consent the Senate proceeded to the order of Statements A moment of silence was observed in memory of Muhammad Ali, three-time heavyweight boxing champion of the world. Senator Hood asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Hood’s statement is as follows: I would like to echo the comments of the good Senator from the 2nd District. I would like to add that once Muhammad Ali was asked how he would like to be remembered, he said the following: “I would like to be remembered as a man who won the heavyweight championship three times, who was humorous, and who treated everyone equally.” He was a man who never looked down on those who looked up to him and who helped as many people as he could. He wanted to be remembered as a man who stood up for his beliefs no matter what and as a man who tried to unite all humankind through faith and love. If all that is too much, then he said that he would settle for being remembered only as a great boxer who became a leader and champion for his people. He also said that he wouldn’t even mind if folks forgot how pretty he was—that sounds like a pretty good memorial to me. I say today, rest in power Muhammad Ali; rest in peace, Champ. I know on June 4 when he passed away and when he arrived in heaven, everyone in heaven shouted “Here comes the Champ.” Thank you, Muhammad Ali, for all that you have given to all of us as a leader who stood up for what he believed in. Whether or not you believed in his beliefs, he stood strong in his convictions. Thank you to the Senator from the 2nd District for requesting a moment of silence. We must remember to stand up for what we believe in and stand up for mankind. Committee Reports The Committee on Banking and Financial Institutions reported House Bill No. 5164, entitled A bill to amend 1967 PA 288, entitled “Land division act,” by amending section 241 (MCL 560.241), as amended by 1998 PA 549. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Darwin L. Booher Chairperson To Report Out: Yeas: Senators Booher, O’Brien, Nofs, Zorn, MacGregor, Hertel and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Banking and Financial Institutions reported House Bill No. 5165, entitled A bill to amend 1895 PA 107, entitled “An act to provide for recording in the offices of registers of deeds certified copies of judgments and decrees of courts of record and making the record thereof evidence in courts, and making such records heretofore made like evidence,” by amending section 2 (MCL 565.412). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Darwin L. Booher Chairperson To Report Out: Yeas: Senators Booher, O’Brien, Nofs, Zorn, MacGregor, Hertel and Young Nays: None The bill was referred to the Committee of the Whole. No. 56] [June 7, 2016] JOURNAL OF THE SENATE 951 COMMITTEE ATTENDANCE REPORT he Committee on Banking and Financial Institutions submitted the following: T Meeting held on Tuesday, May 31, 2016, at 2:30 p.m., Room 100, Farnum Building Present: Senators Booher (C), O’Brien, Nofs, Zorn, MacGregor, Hertel and Young Excused: Senator Rocca The Committee on Veterans, Military Affairs and Homeland Security reported Senate Bill No. 670, entitled A bill to create a commission to commemorate the centennial of World War I; to prescribe the powers and duties of the commission; and to prescribe the powers and duties of certain state agencies and officials. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Veterans, Military Affairs and Homeland Security reported House Bill No. 5332, entitled A bill to amend 1965 PA 190, entitled “An act to provide for a system of uniformity of service for veterans,” by amending the title and sections 1 and 2 (MCL 35.61 and 35.62), section 1 as amended by 1997 PA 131. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Veterans, Military Affairs and Homeland Security reported House Bill No. 5333, entitled A bill to amend 1947 PA 12, entitled “Veterans’ military pay act,” by amending section 2 (MCL 35.922). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Veterans, Military Affairs and Homeland Security reported House Bill No. 5334, entitled A bill to amend 1974 PA 370, entitled “Vietnam veteran era bonus act,” by amending section 2 (MCL 35.1022), as amended by 1980 PA 194. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. 952 JOURNAL OF THE SENATE [June 7, 2016] [No. 56 The Committee on Veterans, Military Affairs and Homeland Security reported House Bill No. 5335, entitled A bill to amend 1955 PA 8, entitled “Korean veterans’ military pay fund act of 1955,” by amending section 2 (MCL 35.972). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Veterans, Military Affairs and Homeland Security reported House Bill No. 5336, entitled A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 2 (MCL 28.292), as amended by 2016 PA 5. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Veterans, Military Affairs and Homeland Security reported House Bill No. 5337, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2012 PA 555. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Veterans, Military Affairs and Homeland Security reported House Bill No. 5338, entitled A bill to amend 1994 PA 39, entitled “Veteran right to employment services act,” by amending section 2 (MCL 35.1092). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. No. 56] [June 7, 2016] JOURNAL OF THE SENATE 953 The Committee on Veterans, Military Affairs and Homeland Security reported House Bill No. 5339, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5701 (MCL 333.5701), as added by 1987 PA 48. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Veterans, Military Affairs and Homeland Security reported House Bill No. 5340, entitled A bill to amend 2014 PA 508, entitled “Private employer’s veterans’ preference policy act,” by amending section 1 (MCL 35.1201). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Veterans, Military Affairs and Homeland Security reported House Bill No. 5341, entitled A bill to amend 1899 PA 214, entitled “An act to provide relief outside of the soldiers’ home for honorably discharged indigent soldiers, sailors, marines, nurses and members of women’s auxiliaries and the indigent wives, widows and minor children of such indigent or deceased soldiers, sailors, marines, nurses and members of women’s auxiliaries, and to repeal certain acts and parts of acts,” by amending section 2 (MCL 35.22). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Veterans, Military Affairs and Homeland Security reported House Bill No. 5342, entitled A bill to amend 1974 PA 106, entitled “An act to authorize the issuance of general obligation bonds of the state and to pledge the full faith and credit of the state for the payment of principal and interest thereon for a service bonus for certain veterans; to provide for other matters relating to the bonds and the use of the proceeds of sale of the bonds; and to provide for the submission of the question of the issuance of the bonds to the electors of the state,” by amending section 1 (MCL 35.1001). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. 954 JOURNAL OF THE SENATE [June 7, 2016] [No. 56 The Committee on Veterans, Military Affairs and Homeland Security reported House Bill No. 5343, entitled A bill to amend 1946 (1st Ex Sess) PA 27, entitled “An act to protect the work and study performed by applicants for license or qualification for any of the trades, occupations or professions before being inducted into the armed forces; to prevent service in the armed forces being considered as a disqualifying interruption of or delay in commencement of any required period of practical experience, apprenticeship, study or training; and to permit boards of examiners and similar boards to equitably evaluate and give credit for training and experience in the armed forces,” by amending section 1 (MCL 35.581). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Veterans, Military Affairs and Homeland Security reported House Bill No. 5344, entitled A bill to amend 1897 PA 205, entitled “An act to prefer honorably discharged members of the armed forces of the United States for public employments,” by amending section 1 (MCL 35.401), as amended by 2008 PA 28. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Veterans, Military Affairs and Homeland Security reported House Bill No. 5345, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 516 (MCL 206.516), as amended by 1987 PA 254. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Veterans, Military Affairs and Homeland Security reported House Bill No. 5346, entitled A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” by amending section 2a (MCL 36.2a), as added by 2011 PA 283. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. No. 56] [June 7, 2016] JOURNAL OF THE SENATE 955 The Committee on Veterans, Military Affairs and Homeland Security reported House Bill No. 5347, entitled A bill to amend 1921 PA 359, entitled “An act to provide for the issuance of veterans’ licenses without cost to former members of the armed forces of the United States to sell their own goods within this state; and to prescribe remedies,” by amending sections 1 and 2 (MCL 35.441 and 35.442), section 1 as amended by 1989 PA 20 and section 2 as amended by 1996 PA 187. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Veterans, Military Affairs and Homeland Security reported House Bill No. 5348, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1200 (MCL 600.1200), as added by 2012 PA 335. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Veterans, Military Affairs and Homeland Security reported House Bill No. 5548, entitled A bill to amend 1911 PA 235, entitled “An act to provide for the payment and reimbursement by counties, in certain cases upon application therefor, of expenses incurred in the burial of the bodies of honorably discharged members of the armed forces of the United States, or their spouses, and to repeal certain acts or parts of acts,” by amending section 1 (MCL 35.801), as amended by 2003 PA 290. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Veterans, Military Affairs and Homeland Security reported House Bill No. 5549, entitled A bill to amend 1946 (1st Ex Sess) PA 9, entitled “An act to create the Michigan veterans’ trust fund, and to define who shall be eligible to receive assistance therefrom; to provide for the disbursement of the income thereof and surplus therein; to create a board of trustees, and to prescribe its powers and duties; to provide for county and district committees, and their powers, duties, and expenses; to prescribe penalties; and to make appropriations to carry out the provisions of this act,” by amending section 2 (MCL 35.602). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. 956 JOURNAL OF THE SENATE [June 7, 2016] [No. 56 The Committee on Veterans, Military Affairs and Homeland Security reported House Bill No. 5550, entitled A bill to amend 1899 PA 214, entitled “An act to provide relief outside of the soldiers’ home for honorably discharged indigent soldiers, sailors, marines, nurses and members of women’s auxiliaries and the indigent wives, widows and minor children of such indigent or deceased soldiers, sailors, marines, nurses and members of women’s auxiliaries, and to repeal certain acts and parts of acts,” by amending section 1 (MCL 35.21), as amended by 1984 PA 168. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. The Committee on Veterans, Military Affairs and Homeland Security reported House Bill No. 5551, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 310 (MCL 257.310), as amended by 2016 PA 4. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Zorn, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Veterans, Military Affairs and Homeland Security submitted the following: T Meeting held on Tuesday, May 31, 2016, at 12:30 a.m., Room 110, Farnum Building Present: Senators O’Brien (C), Emmons, Zorn, Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Conference Committee on Judiciary (SB 792) submitted the following: T Meeting held on Wednesday, June 1, 2016, at 8:30 a.m., Room 405, Capitol Building Present: Senators Proos (C), Schuitmaker and Young COMMITTEE ATTENDANCE REPORT he Conference Committee on Corrections (HB 5272) submitted the following: T Meeting held on Wednesday, June 1, 2016, at 9:30 a.m., Room 426, Capitol Building Present: Senators Proos, Knollenberg and Gregory Scheduled Meetings Appropriations - Wednesday, June 8, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-1801) Government Operations - Wednesday, June 8, 2:00 p.m., Rooms 402 and 403, Capitol Building (373-5307) Judiciary - Wednesday, June 8, 9:00 a.m., Room 110, Farnum Building (373-1721) No. 56] [June 7, 2016] JOURNAL OF THE SENATE 957 Michigan Competitiveness - Wednesday, June 8, 1:30 p.m., Room 110, Farnum Building (373-5314) Oversight - Thursday, June 9, 8:30 a.m., Room 100, Farnum Building (373-5314) Regulatory Reform - Wednesday, June 8, 2:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323) Senate Fiscal Agency Board of Governors - Thursday, June 9, 9:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 4:00 p.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Wednesday, June 8, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 958 No. 57 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Wednesday, June 8, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—present Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 960 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 enator John M. Proos of the 21st District offered the following invocation: S Heavenly Father, as we gather today in the Michigan Senate, we ask humbly for Your grace, Your wisdom, and Your divine intervention in the decisions that we make today; that we may be worthy of the many blessings that You have provided for us and for our families. We thank You for these many graces, and we remember in today’s Gospel from Matthew 5:17-19, where Jesus stated: “Do not think that I have come to abolish the law or the prophets; I have come not to abolish but to fulfill. Amen, I say to you, until heaven and earth pass away, not the smallest letter or the smallest part of the letter will pass from the law, until all things have taken place. Therefore, whoever breaks one of the least of these commandments and teaches others to do so will be called least in the kingdom of heaven; but whoever obeys and teaches these commandments will be called the greatest in the kingdom of heaven.” Lord, help us to keep these commandments so that we may come closer to You and the promise of eternal salvation in Your word, and we may indeed reach the blessings of the kingdom of heaven. Lord, we humbly ask for Your protection for those men and women who serve our nation in defense of liberty and freedom. We ask this through our Lord Jesus Christ, Your Son, who lives and reigns with You in the unity of the Holy Spirit, our God, for ever and ever. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators O’Brien, Emmons and Knollenberg entered the Senate Chamber. Senator Kowall moved that Senators Brandenburg, Casperson, Hansen and Marleau be temporarily excused from today’s session. The motion prevailed. enator Hood moved that Senators Ananich, Johnson and Young be temporarily excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Brandenburg admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. Senators Casperson, Brandenburg, Hansen, Ananich and Marleau entered the Senate Chamber. Senator Kowall moved that the Committee on Local Government be discharged from further consideration of the following bill: Senate Bill No. 979, entitled A bill to provide for the establishment of municipal recovery and development authorities in certain local governments; to provide for the powers and duties of a municipal recovery and development authority; to authorize the levy and collection of a property tax by a municipal recovery and development authority; to provide for the issuance of bonds, notes, and other obligations; to authorize certain investments; and to provide for the powers and duties of certain government officials. The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders. Senator Kowall moved that the bill be referred to the Committee on Government Operations. The motion prevailed. enator Kowall moved that rule 2.106 be suspended to allow committees to meet during Senate session. S The motion prevailed, a majority of the members serving voting therefor. The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, June 7: House Bill Nos. 5102 5215 5613 The Secretary announced that the following bills were printed and filed on Tuesday, June 7, and are available at the Michigan Legislature website: Senate Bill Nos. 1013 1014 1015 1016 1017 1018 1019 House Bill Nos. 5722 5723 5724 5725 5726 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 961 By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 Senate Concurrent Resolution No. 30 The motion prevailed. enator Knollenberg offered the following resolution: S Senate Resolution No. 188. A resolution to commemorate July 15, 2016, as Leiomyosarcoma Awareness Day. Whereas, Leiomyosarcoma (LMS) is one of the forms of a very rare and aggressive cancer, or sarcoma, that originates in the smooth or involuntary muscle tissue; and Whereas, LMS affects only 6 out of every 1 million people, but is highly aggressive and likely to infect other areas of the body, including the lungs, liver, or lymph nodes; and Whereas, As a soft tissue sarcoma, LMS is highly resistant to many chemotherapeutic agents and radiation treatments; and Whereas, Most LMS patients choose to be cared for by a multidisciplinary team of health professionals, and it is extremely important to get help with this rare form of cancer from a sarcoma center which sees a large number of leiomyosarcoma patients; and Whereas, Many local oncologists rarely see more than one or two cases of LMS in their entire career, and most sarcoma centers will work with local oncologists to help make the best choices for patient care; and Whereas, We hereby recognize and express our gratitude to the individuals, families, friends, and caregivers dealing with LMS, as well as the doctors and researchers who are seeking a cause or cure; and Whereas, The state of Michigan recognizes the efforts of the Leiomyosarcoma Direct Research Foundation and the National Leiomyosarcoma Foundation to assure the development of the means to cure and control LMS and to improve the quality of life for those with this disease until the cure is found; and Whereas, Michigan residents are encouraged to tweet, post, and share their stories and images using the #lmsarcoma hashtag on Twitter, Facebook, Instagram, and other social media platforms; and Whereas, Leiomyosarcoma Awareness Day helps educate communities about LMS cancer and increases the awareness that surrounds it. The importance of education and knowledge about the disease cannot be overstated and contributes to the ability to lead a healthy, balanced, and productive life; and Whereas, The Michigan Legislature is strongly dedicated to preserving the health of the residents of this state and in supporting the fight against leiomyosarcoma; now, therefore, be it Resolved by the Senate, That the members of this legislative body hereby commemorate July 15, 2016, Leiomyosarcoma Awareness Day in the state of Michigan. We encourage increased public awareness and promotion of treatment and recovery. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Gregory, Hansen, Hildenbrand, Jones, Kowall, Proos, Warren and Zorn were named co‑sponsors of the resolution. enator Shirkey offered the following resolution: S Senate Resolution No. 189. A resolution recognizing June 20-26, 2016, as Pollinator Week. Whereas, Pollinator Week will present opportunities to highlight the importance of pollinators; stress the negative ramifications of continued pollinator loss; and encourage the awareness and use of pollinator best practices; and Whereas, Pollinating animals are essential parts of our ecosystem and a critical component to our planet’s food security; and Whereas, Farmers depend on pollinator species, such as honey bees, butterflies, birds, and bats to successfully produce approximately one-third of all agricultural output in the United States and 50 percent of Michigan’s agricultural output; and Whereas, Pollinator loss poses a significant threat to United States agriculture and the ability of farmers and rural gardeners to feed both themselves and a growing world population; and 962 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Whereas, Urban and rural beekeepers play an important role in state and federal agricultural production and the preservation of honey bees, which have seen their natural numbers decline to near crisis levels in recent years due to a combination of factors; and Whereas, Michigan is a leader in honey production and many pollinator-dependent crops, including apples, cranberries, blueberries, and cherries. Agriculture is a key driver of not just Michigan’s agriculture, agritourism, and farm-to-table industries, but also rural economies across the United States; and Whereas, The state of Michigan recognizes the serious threats posed by pollinator loss and the key role state stakeholders play in providing guidance on best apiary management and stewardship practices, proper use of pesticide products, and technical assistance to farmers and other private landowners; now, therefore, be it Resolved by the Senate, That the members of this legislative body recognize June 20-26, 2016, as Pollinator Week in the state of Michigan; and be it further Resolved, That we encourage the people of the great state of Michigan to build support for protecting and sustaining pollinators through increased awareness and the implementation of pollinator-friendly best practices that enhance their habitat and strengthen our food supply. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Gregory, Hansen, Hildenbrand, Jones, Knollenberg, Kowall, Proos, Warren and Zorn were named co‑sponsors of the resolution. enator O’Brien offered the following resolution: S Senate Resolution No. 190. A resolution designating June 27, 2016, as Post-Traumatic Stress Injury Awareness Day. Whereas, The brave men and women of the United States Armed Forces who proudly serve risk their lives to protect the freedoms of the United States and deserve the investment of every possible resource to ensure their lasting physical, mental, and emotional well-being; and Whereas, More than 2 million United States service members have deployed as part of overseas contingency operations since the events of September 11, 2001; and Whereas, The military has sustained an operational tempo for a period of time unprecedented in the history of the United States, with many service members deploying multiple times to combat zones, placing them at high risk of posttraumatic stress injury (PTSI); and Whereas, It is expected that 10,000 veterans will return to the state of Michigan every year for the next three to five years after spending a significant amount of time in combat environments, exposing thousands of soldiers to traumatic life-threatening events; and Whereas, The United States Department of Veterans Affairs reports that in fiscal year 2012, more than 500,000 veterans from all wars sought care at a Department of Veterans Affairs medical center and received treatment for PTSI; and Whereas, PTSI significantly increases the risk of depression, suicide, drug- and alcohol-related disorders, and death; and Whereas, The Department of Defense and the Department of Veterans Affairs have made significant advances in the prevention, diagnosis, and treatment of PTSI, including the symptoms of PTSI, and many challenges remain; and Whereas, The establishment of a Michigan Post-Traumatic Stress Injury Awareness Day will raise public awareness about issues related to PTSI; now, therefore, be it Resolved by the Senate, That the members of this legislative body designate June 27, 2016, as Post-Traumatic Stress Injury Awareness Day in the state of Michigan; and be it further Resolved, That we urge the Michigan Veterans Affairs Agency and the Adjutant General to continue working to educate service members, veterans, the families of service members and veterans, and the public about the causes, symptoms, and treatment of post-traumatic stress injury; and be it further Resolved, That a copy of this resolution be transmitted to the Governor of the state of Michigan, the Michigan Veterans Affairs Agency, and the Adjutant General. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Gregory, Hansen, Hildenbrand, Jones, Knezek, Knollenberg, Kowall, Proos, Warren and Zorn were named co‑sponsors of the resolution. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 963 enator Hertel offered the following resolution: S Senate Resolution No. 191. A resolution to commemorate the weekend of July 29, 2016, as Muscular Dystrophy Association (MDA)-Michigan Professional Fire Fighters Union Fill the Boot Weekend in Michigan. Whereas, Firefighters have long been America’s heroes who risk their lives for the safety and well-being of the communities they serve; and Whereas, Firefighters have one of the most hazardous professions, requiring extensive training, strength, endurance, courage, and a selfless concern for the welfare of Michigan’s citizens; and Whereas, For over 60 years, the International Association of Fire Fighters (IAFF) has partnered with the Muscular Dystrophy Association (MDA) in the fight against neuromuscular diseases; and Whereas, Since 1954, IAFF members have shown an unwavering commitment to defeating muscular dystrophy and related life-threatening diseases; and Whereas, Due to their service and dedication to the MDA, firefighters from the Michigan Professional Fire Fighters Union have raised more than $4.1 million to find a cure to fight these neuromuscular diseases; and Whereas, Funds are raised primarily through MDA’s signature Fill the Boot campaign, in which member firefighters gather on streets across the country collecting money in their boots from neighbors and passersby; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate the weekend of July 29, 2016, as MDA-Michigan Professional Fire Fighters Union Fill the Boot Weekend in Michigan; and be it further Resolved, That this legislative body applauds the dedicated service and contribution firefighters provide to the residents of Michigan and the Muscular Dystrophy Association; and be it further Resolved, That copies of this resolution be transmitted to the Michigan Professional Fire Fighters Union and the Muscular Dystrophy Association as a token of our appreciation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Gregory, Hansen, Hildenbrand, Hood, Jones, Knollenberg, Kowall, Proos, Warren and Zorn were named co‑sponsors of the resolution. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:10 a.m. 10:28 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator Young entered the Senate Chamber. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Hansen as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and with amendments, the following bill: House Bill No. 5457, entitled A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 237 (MCL 208.1237). The following are the amendments recommended by the Committee of the Whole: 1. Amend page 2, line 11, after “(3)” by inserting “FOR THE 2016 TAX YEAR ONLY, AN INSURANCE COMPANY SHALL ONLY INCLUDE IN THE CALCULATION OF A CREDIT UNDER THIS SECTION 35% OF THE AMOUNTS PAID TO THE MICHIGAN AUTOMOBILE INSURANCE PLACEMENT FACILITY THAT ARE ATTRIBUTABLE TO THE ASSIGNED CLAIMS PLAN APPROVED UNDER CHAPTER 31 OF THE INSURANCE CODE OF 1956, 1956 PA 218, MCL 500.3101 TO 500.3179.”. 964 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 2. Amend page 2, line 11, after “JANUARY 1,” by striking out “2016” and inserting “2017”. The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendments, the following bill: House Bill No. 5458, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 637 (MCL 206.637), as added by 2011 PA 38. The following are the amendments recommended by the Committee of the Whole: 1. Amend page 2, line 11, after “(3)” by inserting “FOR THE 2016 TAX YEAR ONLY, AN INSURANCE COMPANY SHALL ONLY INCLUDE IN THE CALCULATION OF A CREDIT UNDER THIS SECTION 35% OF THE AMOUNTS PAID TO THE MICHIGAN AUTOMOBILE INSURANCE PLACEMENT FACILITY THAT ARE ATTRIBUTABLE TO THE ASSIGNED CLAIMS PLAN APPROVED UNDER CHAPTER 31 OF THE INSURANCE CODE OF 1956, 1956 PA 218, MCL 500.3101 TO 500.3179.”. 2. Amend page 2, line 11, after “JANUARY 1,” by striking out “2016” and inserting “2017”. The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: House Bill No. 5457 House Bill No. 5458 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: House Bill No. 5457, entitled A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 237 (MCL 208.1237). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 382 Yeas—29 Ananich Hertel MacGregor Robertson Bieda Hildenbrand Marleau Rocca Booher Hood Meekhof Schmidt Brandenburg Hopgood Nofs Shirkey Casperson Knezek O’Brien Stamas Colbeck Knollenberg Pavlov Warren Gregory Kowall Proos Young Hansen Nays—7 Emmons Horn Jones Zorn Green Hune Schuitmaker Excused—1 Johnson No. 57] [June 8, 2016] JOURNAL OF THE SENATE 965 Not Voting—0 In The Chair: President enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5458, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 637 (MCL 206.637), as added by 2011 PA 38. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 383 Yeas—29 Ananich Hertel MacGregor Robertson Bieda Hildenbrand Marleau Rocca Booher Hood Meekhof Schmidt Brandenburg Hopgood Nofs Shirkey Casperson Knezek O’Brien Stamas Colbeck Knollenberg Pavlov Warren Gregory Kowall Proos Young Hansen Nays—7 Emmons Horn Jones Zorn Green Hune Schuitmaker Excused—1 Johnson Not Voting—0 In The Chair: President enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain 966 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal acts and parts of acts,”. The Senate agreed to the full title. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:39 a.m. 10:51 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senator Johnson entered the Senate Chamber. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Hansen as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill: Senate Bill No. 903, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 61703 and 61706 (MCL 324.61703 and 324.61706), as added by 1995 PA 57. The bill was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 289, entitled A bill to prohibit the bad-faith assertion of patent infringements; to provide remedies for the bad-faith assertion of patent infringements; to provide for the powers and duties of the attorney general; and to authorize the promulgation of rules. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 291, entitled A bill to provide compensation and other relief for individuals wrongfully imprisoned for crimes; to prescribe the powers and duties of certain state governmental officers and agencies; and to provide remedies. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 399, entitled A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 19b of chapter IV (MCL 224.19b), as added by 1980 PA 212. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 967 Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5442, entitled A bill to prescribe the public threat alert system as the official response to public threat situations in this state; and to provide for the powers and duties of certain state and local governmental officers and authorities. Substitute (S-1). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 3, line 2, by striking out all of subdivision (a) and inserting: “(a) Senate Bill No. 976.”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5567, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1f of chapter IX (MCL 769.1f), as amended by 2012 PA 331. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 11:01 a.m. 11:31 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. By unanimous consent the Senate returned to the order of Third Reading of Bills The following bill was read a third time: Senate Bill No. 1008, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 10 (MCL 421.10), as amended by 2015 PA 57. The question being on the passage of the bill, Senator Warren offered the following amendment: 1. Amend page 5, following line 26, by inserting: “Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 1000 of the 98th Legislature is enacted into law.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 384 Yeas—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood 968 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Excused—0 Not Voting—0 In The Chair: Schuitmaker Senator Warren offered the following amendment: 1. Amend page 5, following line 26, by inserting: “Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 1004 of the 98th Legislature is enacted into law.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 385 Yeas—14 Ananich Hertel Johnson Schuitmaker Bieda Hood Knezek Warren Colbeck Hopgood Rocca Young Gregory Hune Nays—23 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Jones Nofs Shirkey Emmons Knollenberg O’Brien Stamas Green Kowall Pavlov Zorn Hansen MacGregor Proos Excused—0 In The Chair: Schuitmaker Not Voting—0 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 969 Senator Hertel offered the following amendment: 1. Amend page 5, line 20, after “agency.” by inserting “THE UNEMPLOYMENT AGENCY SHALL ORDER A REFUND FOR EACH CLAIMANT WHO WAS IMPROPERLY ASSESSED A FINE OR OTHER CHARGE WITHOUT ADEQUATE NOTICE OF THE BASIS FOR THE DETERMINATION THAT RESULTED IN THE FINE OR CHARGE IN VIOLATION OF THE CLAIMANT’S RIGHT TO DUE PROCESS.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 386 Yeas—13 Ananich Hertel Johnson Rocca Bieda Hood Knezek Warren Emmons Hopgood O’Brien Young Gregory Nays—24 Booher Hildenbrand MacGregor Robertson Brandenburg Horn Marleau Schmidt Casperson Hune Meekhof Schuitmaker Colbeck Jones Nofs Shirkey Green Knollenberg Pavlov Stamas Hansen Kowall Proos Zorn Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 387 Yeas—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Nays—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Rocca 970 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. Senator Hertel asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Hertel’s statement is as follows: The only reason we have the extra money to do this is because the MiDAS system effectively stole money from Michigan citizens. Of the cases the system identified as fraud, only 8 percent were legitimate. In the meantime, the other 92 percent of people wrongly identified as criminals suffered. My amendment would require the Michigan Unemployment Agency to order a refund for each claimant who was wronged by the fraudulent system. It is our responsibility to do the right thing and make our citizens whole again. I would ask for your support of my amendment. The following bill was read a third time: House Bill No. 5164, entitled A bill to amend 1967 PA 288, entitled “Land division act,” by amending section 241 (MCL 560.241), as amended by 1998 PA 549. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 388 Ananich Bieda Booher Casperson Green Gregory Hansen Hertel Yeas—30 Hildenbrand Kowall Schmidt Hood MacGregor Schuitmaker Hopgood Marleau Shirkey Horn Meekhof Stamas Johnson Nofs Warren Jones O’Brien Young Knezek Proos Zorn Knollenberg Nays—7 Brandenburg Emmons Colbeck Hune Excused—0 In The Chair: Schuitmaker Not Voting—0 Pavlov Rocca Robertson No. 57] [June 8, 2016] JOURNAL OF THE SENATE 971 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to regulate the division of land; to promote the public health, safety, and general welfare; to further the orderly layout and use of land; to require that the land be suitable for building sites and public improvements and that there be adequate drainage of the land; to provide for proper ingress and egress to lots and parcels; to promote proper surveying and monumenting of land subdivided and conveyed by accurate legal descriptions; to provide for the approvals to be obtained prior to the recording and filing of plats and other land divisions; to provide for the establishment of special assessment districts and for the imposition of special assessments to defray the cost of the operation and maintenance of retention basins for land within a final plat; to establish the procedure for vacating, correcting, and revising plats; to control residential building development within floodplain areas; to provide for reserving easements for utilities in vacated streets and alleys; to provide for the filing of amended plats; to provide for the making of assessors plats; to provide penalties for the violation of the provisions of this act; to repeal certain parts of this act on specific dates; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5165, entitled A bill to amend 1895 PA 107, entitled “An act to provide for recording in the offices of registers of deeds certified copies of judgments and decrees of courts of record and making the record thereof evidence in courts, and making such records heretofore made like evidence,” by amending section 2 (MCL 565.412). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 389 Ananich Bieda Booher Casperson Green Gregory Hansen Hertel Yeas—30 Hildenbrand Kowall Schmidt Hood MacGregor Schuitmaker Hopgood Marleau Shirkey Horn Meekhof Stamas Johnson Nofs Warren Jones O’Brien Young Knezek Proos Zorn Knollenberg Nays—7 Brandenburg Emmons Colbeck Hune Pavlov Rocca Robertson Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. 972 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 The following bill was read a third time: House Bill No. 5332, entitled A bill to amend 1965 PA 190, entitled “An act to provide for a system of uniformity of service for veterans,” by amending the title and sections 1 and 2 (MCL 35.61 and 35.62), section 1 as amended by 1997 PA 131. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 390 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5333, entitled A bill to amend 1947 PA 12, entitled “Veterans’ military pay act,” by amending section 2 (MCL 35.922). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 391 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen No. 57] [June 8, 2016] JOURNAL OF THE SENATE 973 Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for payments to persons who served in the armed forces of the United States between September 16, 1940, and June 30, 1946, and to beneficiaries of such persons; to provide for payments to persons entitled to benefits under section 25, article X of the constitution of this state; to prescribe the powers and duties of the state administrative board and state officers with respect thereto; to provide for acceptance of financial and other assistance from the federal government; to provide for certain administrative expenses; to make certain appropriations; and to prescribe penalties for violations of the provisions of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5334, entitled A bill to amend 1974 PA 370, entitled “Vietnam veteran era bonus act,” by amending section 2 (MCL 35.1022), as amended by 1980 PA 194. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 392 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 In The Chair: Schuitmaker Not Voting—0 974 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for payments to certain persons who served in the armed forces of the United States, and to beneficiaries of those persons; to prescribe the powers and duties of the adjutant general and other state offices with respect thereto; to provide for the court of claims; to adjudicate appeals; to provide for acceptance of financial and other assistance from the federal government; to create a veterans’ military pay fund in the state treasury; to make appropriations; to prescribe penalties for violations of the provisions of this act; to authorize the issuance of general obligation bonds of the state and to pledge the full faith and credit of the state for the payment of principal and interest thereon; to provide for other matters relating to the bonds and the use of the proceeds of sale of the bonds,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5335, entitled A bill to amend 1955 PA 8, entitled “Korean veterans’ military pay fund act of 1955,” by amending section 2 (MCL 35.972). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 393 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for payments to persons who served in the armed forces of the United States between June 27, 1950, and December 31, 1953, and to beneficiaries of such persons; to prescribe the power and duties of the state administrative board and state officers with respect thereto; to provide for acceptance of financial and other assistance from the federal government; to create the Korean veterans’ military pay fund in the state treasury; to make certain appropriations; and to prescribe penalties for violations of the provisions of this act,”. The Senate agreed to the full title. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 975 The following bill was read a third time: House Bill No. 5336, entitled A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending section 2 (MCL 28.292), as amended by 2016 PA 5. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 394 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5337, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2012 PA 555. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 395 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas 976 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5338, entitled A bill to amend 1994 PA 39, entitled “Veteran right to employment services act,” by amending section 2 (MCL 35.1092). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 396 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 977 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to require those agencies and departments administering federally or state funded employment services or job training programs to provide, to the extent permitted by federal law, effective and equitable service to veterans,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5339, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5701 (MCL 333.5701), as added by 1987 PA 48. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 397 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, 978 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5340, entitled A bill to amend 2014 PA 508, entitled “Private employer’s veterans’ preference policy act,” by amending section 1 (MCL 35.1201). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 398 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to authorize private employers to adopt and apply a veterans’ preference employment policy,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5341, entitled A bill to amend 1899 PA 214, entitled “An act to provide relief outside of the soldiers’ home for honorably discharged indigent soldiers, sailors, marines, nurses and members of women’s auxiliaries and the indigent wives, widows and minor No. 57] [June 8, 2016] JOURNAL OF THE SENATE 979 children of such indigent or deceased soldiers, sailors, marines, nurses and members of women’s auxiliaries, and to repeal certain acts and parts of acts,” by amending section 2 (MCL 35.22). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 399 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Nays—1 Green Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5342, entitled A bill to amend 1974 PA 106, entitled “An act to authorize the issuance of general obligation bonds of the state and to pledge the full faith and credit of the state for the payment of principal and interest thereon for a service bonus for certain veterans; to provide for other matters relating to the bonds and the use of the proceeds of sale of the bonds; and to provide for the submission of the question of the issuance of the bonds to the electors of the state,” by amending section 1 (MCL 35.1001). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 400 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey 980 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5343, entitled A bill to amend 1946 (1st Ex Sess) PA 27, entitled “An act to protect the work and study performed by applicants for license or qualification for any of the trades, occupations or professions before being inducted into the armed forces; to prevent service in the armed forces being considered as a disqualifying interruption of or delay in commencement of any required period of practical experience, apprenticeship, study or training; and to permit boards of examiners and similar boards to equitably evaluate and give credit for training and experience in the armed forces,” by amending section 1 (MCL 35.581). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 401 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 In The Chair: Schuitmaker Not Voting—0 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 981 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5344, entitled A bill to amend 1897 PA 205, entitled “An act to prefer honorably discharged members of the armed forces of the United States for public employments,” by amending section 1 (MCL 35.401), as amended by 2008 PA 28. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 402 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5345, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 516 (MCL 206.516), as amended by 1987 PA 254. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 403 Ananich Bieda Booher Yeas—37 Hertel Knollenberg Robertson Hildenbrand Kowall Rocca Hood MacGregor Schmidt 982 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5346, entitled A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” by amending section 2a (MCL 36.2a), as added by 2011 PA 283. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 404 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 983 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5347, entitled A bill to amend 1921 PA 359, entitled “An act to provide for the issuance of veterans’ licenses without cost to former members of the armed forces of the United States to sell their own goods within this state; and to prescribe remedies,” by amending sections 1 and 2 (MCL 35.441 and 35.442), section 1 as amended by 1989 PA 20 and section 2 as amended by 1996 PA 187. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 405 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5348, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1200 (MCL 600.1200), as added by 2012 PA 335. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 984 Roll Call No. 406 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5548, entitled A bill to amend 1911 PA 235, entitled “An act to provide for the payment and reimbursement by counties, in certain cases upon application therefor, of expenses incurred in the burial of the bodies of honorably discharged members of the armed forces of the United States, or their spouses, and to repeal certain acts or parts of acts,” by amending section 1 (MCL 35.801), as amended by 2003 PA 290. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 407 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas No. 57] [June 8, 2016] JOURNAL OF THE SENATE 985 Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5549, entitled A bill to amend 1946 (1st Ex Sess) PA 9, entitled “An act to create the Michigan veterans’ trust fund, and to define who shall be eligible to receive assistance therefrom; to provide for the disbursement of the income thereof and surplus therein; to create a board of trustees, and to prescribe its powers and duties; to provide for county and district committees, and their powers, duties, and expenses; to prescribe penalties; and to make appropriations to carry out the provisions of this act,” by amending section 2 (MCL 35.602). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 408 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 In The Chair: Schuitmaker Not Voting—0 986 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5550, entitled A bill to amend 1899 PA 214, entitled “An act to provide relief outside of the soldiers’ home for honorably discharged indigent soldiers, sailors, marines, nurses and members of women’s auxiliaries and the indigent wives, widows and minor children of such indigent or deceased soldiers, sailors, marines, nurses and members of women’s auxiliaries, and to repeal certain acts and parts of acts,” by amending section 1 (MCL 35.21), as amended by 1984 PA 168. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 409 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5551, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 310 (MCL 257.310), as amended by 2016 PA 4. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 410 Ananich Bieda Booher Yeas—37 Hertel Knollenberg Robertson Hildenbrand Kowall Rocca Hood MacGregor Schmidt No. 57] [June 8, 2016] JOURNAL OF THE SENATE 987 Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title. Recess enator Kowall moved that the Senate recess until 2:45 p.m. S The motion prevailed, the time being 12:32 p.m. The Senate reconvened at the expiration of the recess and was called to order by the Assistant President pro tempore, Senator O’Brien. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 673, entitled A bill to amend 2000 PA 146, entitled “Obsolete property rehabilitation act,” by amending section 16 (MCL 125.2796), as amended by 2010 PA 137. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. 988 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Casperson admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 3:00 p.m. 3:45 p.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Hansen as Chairperson. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 987, entitled A bill to amend 2011 PA 142, entitled “Health insurance claims assessment act,” by amending section 3 (MCL 550.1733), as amended by 2014 PA 162. Senate Bill No. 988, entitled A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending sections 2 and 6 (MCL 12.252 and 12.256), section 2 as amended by 2005 PA 232, and by adding section 11. Senate Bill No. 989, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 3f and 21 (MCL 205.93f and 205.111), section 3f as amended by 2014 PA 161 and section 21 as amended by 2015 PA 263. Senate Bill No. 990, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 51f. The bills were placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: Senate Bill No. 987 Senate Bill No. 988 Senate Bill No. 989 Senate Bill No. 990 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: Senate Bill No. 987, entitled A bill to amend 2011 PA 142, entitled “Health insurance claims assessment act,” by amending section 3 (MCL 550.1733), as amended by 2014 PA 162. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 57] [June 8, 2016] JOURNAL OF THE SENATE Roll Call No. 411 989 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 988, entitled A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending sections 2 and 6 (MCL 12.252 and 12.256), section 2 as amended by 2005 PA 232, and by adding section 11. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 412 Yeas—35 Ananich Hansen Knollenberg Rocca Bieda Hertel Kowall Schmidt Booher Hildenbrand MacGregor Schuitmaker Brandenburg Hood Marleau Shirkey Casperson Hopgood Meekhof Stamas Colbeck Horn Nofs Warren Emmons Johnson O’Brien Young Green Jones Proos Zorn Gregory Knezek Robertson Nays—2 Hune Pavlov Excused—0 990 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 989, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 3f and 21 (MCL 205.93f and 205.111), section 3f as amended by 2014 PA 161 and section 21 as amended by 2015 PA 263. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 413 Yeas—34 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Schmidt Booher Hildenbrand MacGregor Schuitmaker Brandenburg Hood Marleau Shirkey Casperson Hopgood Meekhof Stamas Colbeck Horn Nofs Warren Emmons Johnson O’Brien Young Green Jones Proos Zorn Gregory Knezek Nays—3 Hune Pavlov Rocca Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 990, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 51f. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 414 Ananich Bieda Yeas—34 Hansen Hertel Knollenberg Robertson Kowall Schmidt No. 57] [June 8, 2016] JOURNAL OF THE SENATE 991 Booher Hildenbrand MacGregor Schuitmaker Brandenburg Hood Marleau Shirkey Casperson Hopgood Meekhof Stamas Colbeck Horn Nofs Warren Emmons Johnson O’Brien Young Green Jones Proos Zorn Gregory Knezek Nays—3 Hune Pavlov Rocca Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. Recess enator Kowall moved that the Senate recess until 6:00 p.m. S The motion prevailed, the time being 3:59 p.m. The Senate reconvened at the expiration of the recess and was called to order by the Assistant President pro tempore, Senator O’Brien. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 6:01 p.m. 6:20 p.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator Bieda introduced Senate Bill No. 1020, entitled A bill to provide for remedies and prescribe civil sanctions against a person who presents a false or fraudulent claim to obtain money, property, or services from this state or a local unit of government; to prescribe the powers and duties of certain state and local government officers and agencies; to prohibit retaliation against a person who pursues a remedy under this act; and to authorize the attorney general to promulgate rules. The bill was read a first and second time by title and referred to the Committee on Judiciary. 992 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Senators Stamas, Jones, Booher, Brandenburg, Proos, Pavlov, MacGregor, Nofs, Hansen, Emmons and Zorn introduced Senate Bill No. 1021, entitled A bill to amend 1975 PA 238, entitled “Child protection law,” by amending sections 2, 7, and 8 (MCL 722.622, 722.627, and 722.628), sections 2 and 7 as amended by 2016 PA 35 and section 8 as amended by 2008 PA 300. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Jones, Bieda, Nofs and Schuitmaker introduced Senate Bill No. 1022, entitled A bill to amend 1965 PA 203, entitled “Commission on law enforcement standards act,” (MCL 28.601 to 28.616) by adding sections 9e and 9f. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Hertel and Schuitmaker introduced Senate Bill No. 1023, entitled A bill to amend 1977 PA 72, entitled “The medicaid false claim act,” by amending sections 2, 7, 10a, 10c, and 12 (MCL 400.602, 400.607, 400.610a, 400.610c, and 400.612), as amended by 2008 PA 421. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senator Schuitmaker introduced Senate Bill No. 1024, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7333a (MCL 333.7333a), as amended by 2012 PA 44. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senator Booher introduced Senate Bill No. 1025, entitled A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 1a (MCL 338.881a), as added by 1992 PA 130. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senator Horn introduced Senate Bill No. 1026, entitled A bill to provide for the establishment of certain tax increment finance authorities; to prescribe the powers and duties of the authorities; to correct and prevent deterioration in residential, commercial, and industrial areas and certain other areas; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans and development areas; to promote residential and economic growth; to create certain boards; to prescribe the powers and duties of certain boards; to authorize the issuance of bonds and other evidences of indebtedness; to levy certain taxes; to authorize the use of tax increment financing; to prescribe powers and duties of certain state officials; to provide for rule promulgation; to provide for enforcement of this act; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment. House Bill No. 5102, entitled A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending section 3a (MCL 125.1503a), as amended by 2006 PA 192. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. House Bill No. 5215, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 70a. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 993 House Bill No. 5613, entitled A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 32 and 45 (MCL 24.232 and 24.245), section 32 as amended by 2011 PA 270 and section 45 as amended by 2013 PA 200. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 6:24 p.m. 6:50 p.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today: House Bill No. 5641 House Bill No. 5642 The motion prevailed, a majority of the members serving voting therefor. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Hansen as Chairperson. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 5641, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2950n. House Bill No. 5642, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 2950o. The bills were placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today: House Bill No. 5706 House Bill No. 5631 House Bill No. 5562 Senate Bill No. 1007 The motion prevailed, a majority of the members serving voting therefor. 994 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Hansen as Chairperson. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 5706, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 819 (MCL 257.819), as amended by 2009 PA 137. House Bill No. 5631, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 50507 (MCL 324.50507), as amended by 2004 PA 124. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5190, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 51 (MCL 206.51), as amended by 2015 PA 180, and by adding section 312. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5562, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 117a (MCL 400.117a), as amended by 2015 PA 81. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 1007, entitled A bill to amend 2012 PA 101, entitled “Autism coverage reimbursement act,” by amending section 7 (MCL 550.1837). Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 7:03 p.m. 7:12 p.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 995 By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Hansen as Chairperson. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5189, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 36101, 36104, 36109, and 36110 (MCL 324.36101, 324.36104, 324.36109, and 324.36110), section 36101 as amended by 2008 PA 336, sections 36104 and 36110 as amended by 1996 PA 233, and section 36109 as amended by 2007 PA 174; and to repeal acts and parts of acts. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill: House Bill No. 5191, entitled A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 30 (MCL 205.30), as amended by 2014 PA 424. The following is the amendment recommended by the Committee of the Whole: 1. Amend page 5, line 22, after “MCL 324.36109” by inserting a comma and “FOR CONTRACTS THAT HAVE BEEN APPROVED AND PROCESSED BY THE DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT AND FORWARDED TO THE DEPARTMENT”. The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Conference Reports Senator Kowall moved that joint rule 9 be suspended to permit immediate consideration of the conference report relative to the following bill: Senate Bill No. 801 The motion prevailed, a majority of the members serving voting therefor. Senator Hildenbrand submitted the following: FIRST CONFERENCE REPORT The Committee of Conference on the matters of difference between the two Houses concerning Senate Bill No. 801, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 4, 6, 11, 11a, 11j, 11k, 11m, 15, 18, 19, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25e, 25f, 25g, 26a, 26b, 26c, 31a, 31d, 31f, 31h, 32d, 32p, 35, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 55, 56, 61a, 61b, 62, 64b, 65, 67, 74, 81, 94, 94a, 996 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 95a, 98, 99c, 99h, 99s, 101, 102d, 104, 104b, 104c, 104d, 107, 147, 147a, 147c, 152a, 166b, 201, 201a, 202a, 203, 206, 207, 207a, 207b, 207c, 209, 210b, 212, 217, 219, 220, 222, 224, 225, 226, 229a, 230, 236, 236a, 236b, 236c, 237b, 238, 241, 246, 251, 252, 254, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 274c, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 289, and 290 (MCL 388.1603, 388.1604, 388.1606, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1619, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622g, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625e, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631d, 388.1631f, 388.1631h, 388.1632d, 388.1632p, 388.1635, 388.1635a, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1655, 388.1656, 388.1661a, 388.1661b, 388.1662, 388.1664b, 388.1665, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1695a, 388.1698, 388.1699c, 388.1699h, 388.1699s, 388.1701, 388.1702d, 388.1704, 388.1704b, 388.1704c, 388.1704d, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1766b, 388.1801, 388.1801a, 388.1802a, 388.1803, 388.1806, 388.1807, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810b, 388.1812, 388.1817, 388.1819, 388.1820, 388.1822, 388.1824, 388.1825, 388.1826, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1837b, 388.1838, 388.1841, 388.1846, 388.1851, 388.1852, 388.1854, 388.1856, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1874c, 388.1875, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, 388.1889, and 388.1890), sections 3, 203, 207, 212, 219, 220, 238, 251, and 254 as amended and section 237b as added by 2012 PA 201, sections 4, 6, 98, 107, 230, and 256 as amended by 2016 PA 56, sections 11, 21f, 31a, and 32d as amended by 2015 PA 139, sections 11a, 11j, 11k, 11m, 15, 20, 20d, 20f, 20g, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31d, 31f, 32p, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b, 74, 81, 94, 94a, 95a, 99h, 101, 104, 104b, 104c, 147, 147a, 147c, 152a, 201, 201a, 206, 207a, 207b, 207c, 209, 210b, 217, 222, 225, 226, 229a, 236, 236a, 236b, 236c, 241, 246, 252, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 25g, 31h, 35, 35a, 55, 61b, 65, 67, 99c, 99s, 102d, 104d, and 274c as added by 2015 PA 85, section 18 as amended by 2015 PA 114, sections 19, 202a, 224, and 275 as amended by 2014 PA 196, section 166b as amended by 2015 PA 222, and sections 289 and 290 as amended by 2013 PA 60, and by adding sections 11s, 21, 31j, 32q, 54b, 59, 61c, 61d, 61e, 63, 99t, 152b, 210e, and 286a; and to repeal acts and parts of acts. Recommends: First: That the House recede from the Substitute of the House as passed by the House. Second: That the Senate and House agree to the Substitute of the Senate as passed by the Senate, amended to read as follows: A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 4, 6, 11, 11a, 11j, 11k, 11m, 11r, 15, 18, 19, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25e, 25f, 25g, 26a, 26b, 26c, 31a, 31c, 31d, 31f, 31h, 32d, 32p, 35, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 55, 56, 61a, 61b, 62, 64b, 65, 67, 74, 81, 94, 94a, 98, 99h, 99s, 101, 102d, 104, 104b, 104c, 104d, 107, 147, 147a, 147c, 152a, 166, 166b, 201, 201a, 202a, 203, 206, 207, 207a, 207b, 207c, 209, 210b, 212, 217, 219, 220, 222, 223, 224, 225, 226, 229a, 230, 236, 236a, 236b, 236c, 237b, 241, 246, 251, 252, 254, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 274c, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, and 290 (MCL 388.1603, 388.1604, 388.1606, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611r, 388.1615, 388.1618, 388.1619, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622g, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625e, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631c, 388.1631d, 388.1631f, 388.1631h, 388.1632d, 388.1632p, 388.1635, 388.1635a, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1655, 388.1656, 388.1661a, 388.1661b, 388.1662, 388.1664b, 388.1665, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1698, 388.1699h, 388.1699s, 388.1701, 388.1702d, 388.1704, 388.1704b, 388.1704c, 388.1704d, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1766, 388.1766b, 388.1801, 388.1801a, 388.1802a, 388.1803, 388.1806, 388.1807, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810b, 388.1812, 388.1817, 388.1819, 388.1820, 388.1822, 388.1823, 388.1824, 388.1825, 388.1826, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1837b, 388.1841, 388.1846, 388.1851, 388.1852, 388.1854, 388.1856, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1874c, 388.1875, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, and 388.1890), sections 3, 203, 207, 212, 219, 220, 223, 251, and 254 as amended and section 237b as added by 2012 PA 201, sections 4, 6, 98, 107, 230, and 256 as amended by 2016 PA 56, sections 11, 21f, 31a, and 32d as amended by 2015 PA 139, sections 11a, 11j, 11k, 11m, 11r, 15, 20, 20d, 20f, 20g, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31d, 31f, 32p, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b, 74, 81, 94, 94a, 99h, 101, 104, 104b, 104c, 147, 147a, 147c, 152a, 201, 201a, 206, 207a, 207b, 207c, 209, 210b, 217, 222, 225, 226, 229a, 236, 236a, 236b, 236c, 241, 246, 252, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 25g, 31c, 31h, 35, 35a, 55, 61b, 65, 67, 99s, 102d, 104d, and 274c as added by 2015 PA 85, section 18 as amended by 2015 PA 114, sections 19, 202a, 224, and 275 as amended by 2014 PA 196, section 166 as amended by 1996 PA 300, section 166b as amended by 2015 PA 222, and section 290 as amended by 2013 PA 60, and by adding sections 11o, 11s, 20m, 21, 21g, 31b, 31j, 32q, 54b, 61c, 63, 99t, 152b, 167a, 210e, 236d, and 286a; and to repeal acts and parts of acts. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 997 THE PEOPLE OF THE STATE OF MICHIGAN ENACT: Sec. 3. (1) “Achievement authority” means the education achievement authority, the public body corporate and special authority initially created under section 5 of article III and section 28 of article VII of the state constitution of 1963 and the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, by an interlocal agreement effective August 11, 2011, between the school district of the city of Detroit and the board of regents of eastern Michigan university, EASTERN MICHIGAN UNIVERSITY, a state public university. (2) “Achievement school” means a public school within the education achievement system operated, managed, authorized, established, or overseen by the achievement authority. (3) “Average daily attendance”, for the purposes of complying with federal law, means 92% of the pupils counted in membership on the pupil membership count day, as defined in section 6(7). (4) “Board” means the governing body of a district or public school academy. (5) “Center” means the center for educational performance and information created in section 94a. (6) “COMMUNITY DISTRICT” MEANS A SCHOOL DISTRICT ORGANIZED UNDER PART 5B OF THE REVISED SCHOOL CODE. (7) (6) “Cooperative education program” means a written voluntary agreement between and among districts to provide certain educational programs for pupils in certain groups of districts. The written agreement shall be approved by all affected districts at least annually and shall specify the educational programs to be provided and the estimated number of pupils from each district who will participate in the educational programs. (8) (7) “Department”, except in section 107, means the department of education. (9) (8) “District” means a local school district established under the revised school code or, except in sections 6(4), 6(6), 13, 20, 22a, 31a, 51a(14), 105, 105c, and 166b, a public school academy. Except in sections 6(4), 6(6), 6(8), 13, 20, 22a, 31a, 105, 105c, and 166b, district also includes the education achievement system. EXCEPT IN SECTION 20, DISTRICT ALSO INCLUDES A COMMUNITY DISTRICT. (10) (9) “District of residence”, except as otherwise provided in this subsection, means the district in which a pupil’s custodial parent or parents or legal guardian resides. For a pupil described in section 24b, the pupil’s district of residence is the district in which the pupil enrolls under that section. For a pupil described in section 6(4)(d), the pupil’s district of residence shall be considered to be the district or intermediate district in which the pupil is counted in membership under that section. For a pupil under court jurisdiction who is placed outside the district in which the pupil’s custodial parent or parents or legal guardian resides, the pupil’s district of residence shall be considered to be the educating district or educating intermediate district. (11) (10) “District superintendent” means the superintendent of a district, the chief administrator of a public school academy, or the chancellor of the achievement authority. Sec. 4. (1) “Education achievement system” means the achievement authority and all achievement schools. (2) “Elementary pupil” means a pupil in membership in grades K to 8 in a district not maintaining classes above the eighth grade or in grades K to 6 in a district maintaining classes above the eighth grade. For the purposes of calculating universal service fund (e‑rate) discounts, “elementary pupil” includes children enrolled in a preschool program operated by a district in its facilities. (3) “Extended school year” means an educational program conducted by a district in which pupils must be enrolled but not necessarily in attendance on the pupil membership count day in an extended year program. The mandatory clock hours shall be completed by each pupil not more than 365 calendar days after the pupil’s first day of classes for the school year prescribed. The department shall prescribe pupil, personnel, and other reporting requirements for the educational program. (4) “Fiscal year” means the state fiscal year that commences October 1 and continues through September 30. (5) “High school equivalency certificate” means a certificate granted for the successful completion of a high school equivalency test. (6) “High school equivalency test” means a high school equivalency test approved by the department under section 107. THE G.E.D. TEST DEVELOPED BY THE GED TESTING SERVICE, THE TEST ASSESSING SECONDARY COMPLETION (TASC) DEVELOPED BY CTS/MCGRAW‑HILL, THE HISET TEST DEVELOPED BY THE EDUCATION TESTING SERVICE (ETS), OR ANOTHER COMPARABLE TEST APPROVED BY THE DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT. (7) “High school equivalency test preparation program” means a program that has high school level courses in English language arts, social studies, science, and mathematics and that prepares an individual to successfully complete a high school equivalency test. (8) “High school pupil” means a pupil in membership in grades 7 to 12, except in a district not maintaining grades above the eighth grade. Sec. 6. (1) “Center program” means a program operated by a district or by an intermediate district for special education pupils from several districts in programs for pupils with autism spectrum disorder, pupils with severe cognitive impairment, pupils with moderate cognitive impairment, pupils with severe multiple impairments, pupils with hearing impairment, pupils with visual impairment, and pupils with physical impairment or other health impairment. Programs for pupils with emotional impairment housed in buildings that do not serve regular education pupils also qualify. Unless otherwise approved by the department, a center program either shall serve all constituent districts within an intermediate district or shall serve several 998 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 districts with less than 50% of the pupils residing in the operating district. In addition, special education center program pupils placed part‑time in noncenter programs to comply with the least restrictive environment provisions of section 612 of part B of the individuals with disabilities education act, 20 USC 1412, may be considered center program pupils for pupil accounting purposes for the time scheduled in either a center program or a noncenter program. (2) “District and high school graduation rate” means the annual completion and pupil dropout rate that is calculated by the center pursuant to nationally recognized standards. (3) “District and high school graduation report” means a report of the number of pupils, excluding adult education participants, in the district for the immediately preceding school year, adjusted for those pupils who have transferred into or out of the district or high school, who leave high school with a diploma or other credential of equal status. (4) “Membership”, except as otherwise provided in this article, means for a district, a public school academy, the education achievement system, or an intermediate district the sum of the product of .90 times the number of full‑time equated pupils in grades K to 12 actually enrolled and in regular daily attendance on the pupil membership count day for the current school year, plus the product of .10 times the final audited count from the supplemental count day for the immediately preceding school year. A district’s, public school academy’s, or intermediate district’s membership shall be adjusted as provided under section 25e for pupils who enroll in the district, public school academy, or intermediate district after the pupil membership count day IN A STRICT DISCIPLINE ACADEMY OPERATING UNDER SECTIONS 1311B TO 1311M OF THE REVISED SCHOOL CODE, MCL 380.1311B TO 380.1311M. HOWEVER, FOR A DISTRICT THAT IS A COMMUNITY DISTRICT IN ITS FIRST YEAR OF OPERATION, “MEMBERSHIP” MEANS THE SUM OF THE PRODUCT OF .90 TIMES THE NUMBER OF FULL‑TIME EQUATED PUPILS IN GRADES K TO 12 ACTUALLY ENROLLED AND IN REGULAR DAILY ATTENDANCE IN THE COMMUNITY DISTRICT ON THE PUPIL MEMBERSHIP COUNT DAY FOR THE CURRENT SCHOOL YEAR, PLUS THE PRODUCT OF .10 TIMES THE FINAL AUDITED COUNT FROM THE SUPPLEMENTAL COUNT DAY OF PUPILS IN GRADES K TO 12 ACTUALLY ENROLLED AND IN REGULAR DAILY ATTENDANCE IN A QUALIFYING SCHOOL DISTRICT AS DEFINED IN SECTION 5 OF THE REVISED SCHOOL CODE, MCL 380.5, FOR THE IMMEDIATELY PRECEDING SCHOOL YEAR. All pupil counts used in this subsection are as determined by the department and calculated by adding the number of pupils registered for attendance plus pupils received by transfer and minus pupils lost as defined by rules promulgated by the superintendent, and as corrected by a subsequent department audit. For the purposes of this section and section 6a, for a school of excellence that is a cyber school, as defined in section 551 of the revised school code, MCL 380.551, and is in compliance with section 553a of the revised school code, MCL 380.553a, a pupil’s participation in the cyber school’s educational program is considered regular daily attendance; for the education achievement system, a pupil’s participation in an online A VIRTUAL educational program of the education achievement system or of an achievement school is considered regular daily attendance; and for a district a pupil’s participation in an online A VIRTUAL course as defined in section 21f is considered regular daily attendance. The amount of the foundation allowance for a pupil in membership is determined under section 20. In making the calculation of membership, all of the following, as applicable, apply to determining the membership of a district, a public school academy, the education achievement system, or an intermediate district: (a) Except as otherwise provided in this subsection, and pursuant to subsection (6), a pupil shall be counted in membership in the pupil’s educating district or districts. An individual pupil shall not be counted for more than a total of 1.0 full‑time equated membership. (b) If a pupil is educated in a district other than the pupil’s district of residence, if the pupil is not being educated as part of a cooperative education program, if the pupil’s district of residence does not give the educating district its approval to count the pupil in membership in the educating district, and if the pupil is not covered by an exception specified in subsection (6) to the requirement that the educating district must have the approval of the pupil’s district of residence to count the pupil in membership, the pupil shall not be counted in membership in any district. (c) A special education pupil educated by the intermediate district shall be counted in membership in the intermediate district. (d) A pupil placed by a court or state agency in an on‑grounds program of a juvenile detention facility, a child caring institution, or a mental health institution, or a pupil funded under section 53a, shall be counted in membership in the district or intermediate district approved by the department to operate the program. (e) A pupil enrolled in the Michigan schools for the deaf and blind shall be counted in membership in the pupil’s intermediate district of residence. (f) A pupil enrolled in a career and technical education program supported by a millage levied over an area larger than a single district or in an area vocational‑technical education program established pursuant to section 690 of the revised school code, MCL 380.690, shall be counted only in the pupil’s district of residence. (g) A pupil enrolled in a public school academy shall be counted in membership in the public school academy. (h) A pupil enrolled in an achievement school shall be counted in membership in the education achievement system. (i) For a new district or public school academy beginning its operation after December 31, 1994, or for the education achievement system or an achievement school, membership for the first 2 full or partial fiscal years of operation shall be determined as follows: (i) If operations begin before the pupil membership count day for the fiscal year, membership is the average number of full‑time equated pupils in grades K to 12 actually enrolled and in regular daily attendance on the pupil membership count day No. 57] [June 8, 2016] JOURNAL OF THE SENATE 999 for the current school year and on the supplemental count day for the current school year, as determined by the department and calculated by adding the number of pupils registered for attendance on the pupil membership count day plus pupils received by transfer and minus pupils lost as defined by rules promulgated by the superintendent, and as corrected by a subsequent department audit, plus the final audited count from the supplemental count day for the current school year, and dividing that sum by 2. (ii) If operations begin after the pupil membership count day for the fiscal year and not later than the supplemental count day for the fiscal year, membership is the final audited count of the number of full‑time equated pupils in grades K to 12 actually enrolled and in regular daily attendance on the supplemental count day for the current school year. (j) If a district is the authorizing body for a public school academy, then, in the first school year in which pupils are counted in membership on the pupil membership count day in the public school academy, the determination of the district’s membership shall exclude from the district’s pupil count for the immediately preceding supplemental count day any pupils who are counted in the public school academy on that first pupil membership count day who were also counted in the district on the immediately preceding supplemental count day. (k) In a district, a public school academy, the education achievement system, or an intermediate district operating an extended school year program approved by the superintendent, a pupil enrolled, but not scheduled to be in regular daily attendance on a pupil membership count day, shall be counted. (l) To be counted in membership, a pupil shall meet the minimum age requirement to be eligible to attend school under section 1147 of the revised school code, MCL 380.1147, or shall be enrolled under subsection (3) of that section, and shall be less than 20 years of age on September 1 of the school year except as follows: (i) A special education pupil who is enrolled and receiving instruction in a special education program or service approved by the department, who does not have a high school diploma, and who is less than 26 years of age as of September 1 of the current school year shall be counted in membership. (ii) A pupil who is determined by the department to meet all of the following may be counted in membership: (A) Is enrolled in a public school academy or an alternative education high school diploma program, that is primarily focused on educating homeless pupils WITH EXTREME BARRIERS TO EDUCATION, SUCH AS BEING HOMELESS AS DEFINED UNDER 42 USC 11302. (B) Had dropped out of school. for more than 1 year and has re‑entered school. (C) Is less than 22 years of age as of September 1 of the current school year. (D) Is considered to be homeless under 42 USC 11302, or was counted in membership under this subparagraph in 2014‑2015. (iii) If a child does not meet the minimum age requirement to be eligible to attend school for that school year under section 1147 of the revised school code, MCL 380.1147, but will be 5 years of age not later than December 1 of that school year, the district may count the child in membership for that school year if the parent or legal guardian has notified the district in writing that he or she intends to enroll the child in kindergarten for that school year. (m) An individual who has obtained ACHIEVED a high school diploma shall not be counted in membership. An individual who has achieved a high school equivalency certificate shall not be counted in membership unless the individual is a student with a disability as defined in R 340.1702 of the Michigan administrative code. An individual participating in a job training program funded under former section 107a or a jobs program funded under former section 107b, administered by the Michigan strategic fund, DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT, or participating in any successor of either of those 2 programs, shall not be counted in membership. (n) If a pupil counted in membership in a public school academy or the education achievement system is also educated by a district or intermediate district as part of a cooperative education program, the pupil shall be counted in membership only in the public school academy or the education achievement system unless a written agreement signed by all parties designates the party or parties in which the pupil shall be counted in membership, and the instructional time scheduled for the pupil in the district or intermediate district shall be included in the full‑time equated membership determination under subdivision (q) and section 101. However, for pupils receiving instruction in both a public school academy or the education achievement system and in a district or intermediate district but not as a part of a cooperative education program, the following apply: (i) If the public school academy or the education achievement system provides instruction for at least 1/2 of the class hours required under section 101, the public school academy or the education achievement system shall receive as its prorated share of the full‑time equated membership for each of those pupils an amount equal to 1 times the product of the hours of instruction the public school academy or the education achievement system provides divided by the number of hours required under section 101 for full‑time equivalency, and the remainder of the full‑time membership for each of those pupils shall be allocated to the district or intermediate district providing the remainder of the hours of instruction. (ii) If the public school academy or the education achievement system provides instruction for less than 1/2 of the class hours required under section 101, the district or intermediate district providing the remainder of the hours of instruction shall receive as its prorated share of the full‑time equated membership for each of those pupils an amount equal to 1 times the product of the hours of instruction the district or intermediate district provides divided by the number of hours required under section 101 for full‑time equivalency, and the remainder of the full‑time membership for each of those pupils shall be allocated to the public school academy or the education achievement system. 1000 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (o) An individual less than 16 years of age as of September 1 of the current school year who is being educated in an alternative education program shall not be counted in membership if there are also adult education participants being educated in the same program or classroom. (p) The department shall give a uniform interpretation of full‑time and part‑time memberships. (q) The number of class hours used to calculate full‑time equated memberships shall be consistent with section 101. In determining full‑time equated memberships for pupils who are enrolled in a postsecondary institution, a pupil shall not be considered to be less than a full‑time equated pupil solely because of the effect of his or her postsecondary enrollment, including necessary travel time, on the number of class hours provided by the district to the pupil. (r) Full‑time equated memberships for pupils in kindergarten shall be determined by dividing the number of instructional hours scheduled and provided per year per kindergarten pupil by the same number used for determining full‑time equated memberships for pupils in grades 1 to 12. However, to the extent allowable under federal law, for a district or public school academy that provides evidence satisfactory to the department that it used federal title I money in the 2 immediately preceding school fiscal years to fund full‑time kindergarten, full‑time equated memberships for pupils in kindergarten shall be determined by dividing the number of class hours scheduled and provided per year per kindergarten pupil by a number equal to 1/2 the number used for determining full‑time equated memberships for pupils in grades 1 to 12. The change in the counting of full‑time equated memberships for pupils in kindergarten that took effect for 2012‑2013 is not a mandate. (s) For a district, a public school academy, or the education achievement system that has pupils enrolled in a grade level that was not offered by the district, the public school academy, or the education achievement system in the immediately preceding school year, the number of pupils enrolled in that grade level to be counted in membership is the average of the number of those pupils enrolled and in regular daily attendance on the pupil membership count day and the supplemental count day of the current school year, as determined by the department. Membership shall be calculated by adding the number of pupils registered for attendance in that grade level on the pupil membership count day plus pupils received by transfer and minus pupils lost as defined by rules promulgated by the superintendent, and as corrected by subsequent department audit, plus the final audited count from the supplemental count day for the current school year, and dividing that sum by 2. (t) A pupil enrolled in a cooperative education program may be counted in membership in the pupil’s district of residence with the written approval of all parties to the cooperative agreement. (u) If, as a result of a disciplinary action, a district determines through the district’s alternative or disciplinary education program that the best instructional placement for a pupil is in the pupil’s home or otherwise apart from the general school population, if that placement is authorized in writing by the district superintendent and district alternative or disciplinary education supervisor, and if the district provides appropriate instruction as described in this subdivision to the pupil at the pupil’s home or otherwise apart from the general school population, the district may count the pupil in membership on a pro rata basis, with the proration based on the number of hours of instruction the district actually provides to the pupil divided by the number of hours required under section 101 for full‑time equivalency. For the purposes of this subdivision, a district shall be considered to be providing appropriate instruction if all of the following are met: (i) The district provides at least 2 nonconsecutive hours of instruction per week to the pupil at the pupil’s home or otherwise apart from the general school population under the supervision of a certificated teacher. (ii) The district provides instructional materials, resources, and supplies that are comparable to those otherwise provided in the district’s alternative education program. (iii) Course content is comparable to that in the district’s alternative education program. (iv) Credit earned is awarded to the pupil and placed on the pupil’s transcript. (v) If a pupil was enrolled in a public school academy on the pupil membership count day, if the public school academy’s contract with its authorizing body is revoked or the public school academy otherwise ceases to operate, and if the pupil enrolls in a district or the education achievement system within 45 days after the pupil membership count day, the department shall adjust the district’s or the education achievement system’s pupil count for the pupil membership count day to include the pupil in the count. (w) For a public school academy that has been in operation for at least 2 years and that suspended operations for at least 1 semester and is resuming operations, membership is the sum of the product of .90 times the number of full‑time equated pupils in grades K to 12 actually enrolled and in regular daily attendance on the first pupil membership count day or supplemental count day, whichever is first, occurring after operations resume, plus the product of .10 times the final audited count from the most recent pupil membership count day or supplemental count day that occurred before suspending operations, as determined by the superintendent. (x) If a district’s membership for a particular fiscal year, as otherwise calculated under this subsection, would be less than 1,550 pupils and the district has 4.5 or fewer pupils per square mile, as determined by the department, and if the district does not receive funding under section 22d(2), the district’s membership shall be considered to be the membership figure calculated under this subdivision. If a district educates and counts in its membership pupils in grades 9 to 12 who reside in a contiguous district that does not operate grades 9 to 12 and if 1 or both of the affected districts request the department to use the determination allowed under this sentence, the department shall include the square mileage of both districts in determining the No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1001 number of pupils per square mile for each of the districts for the purposes of this subdivision. The membership figure calculated under this subdivision is the greater of the following: (i) The average of the district’s membership for the 3‑fiscal‑year period ending with that fiscal year, calculated by adding the district’s actual membership for each of those 3 fiscal years, as otherwise calculated under this subsection, and dividing the sum of those 3 membership figures by 3. (ii) The district’s actual membership for that fiscal year as otherwise calculated under this subsection. (y) Full‑time equated memberships for special education pupils who are not enrolled in kindergarten but are enrolled in a classroom program under R 340.1754 of the Michigan administrative code shall be determined by dividing the number of class hours scheduled and provided per year by 450. Full‑time equated memberships for special education pupils who are not enrolled in kindergarten but are receiving early childhood special education services under R 340.1755 or R 340.1862 of the Michigan administrative code shall be determined by dividing the number of hours of service scheduled and provided per year per‑pupil by 180. (z) A pupil of a district that begins its school year after Labor Day who is enrolled in an intermediate district program that begins before Labor Day shall not be considered to be less than a full‑time pupil solely due to instructional time scheduled but not attended by the pupil before Labor Day. (aa) For the first year in which a pupil is counted in membership on the pupil membership count day in a middle college program, the membership is the average of the full‑time equated membership on the pupil membership count day and on the supplemental count day for the current school year, as determined by the department. If a pupil described in this subdivision was counted in membership by the operating district on the immediately preceding supplemental count day, the pupil shall be excluded from the district’s immediately preceding supplemental count for the purposes of determining the district’s membership. (bb) A district, a public school academy, or the education achievement system that educates a pupil who attends a United States Olympic Education Center may count the pupil in membership regardless of whether or not the pupil is a resident of this state. (cc) A pupil enrolled in a district other than the pupil’s district of residence pursuant to section 1148(2) of the revised school code, MCL 380.1148, shall be counted in the educating district or the education achievement system. (dd) For a pupil enrolled in a dropout recovery program that meets the requirements of section 23a, the pupil shall be counted as 1/12 of a full‑time equated membership for each month that the district operating the program reports that the pupil was enrolled in the program and was in full attendance. However, if the special membership counting provisions under this subdivision and the operation of the other membership counting provisions under this subsection result in a pupil being counted as more than 1.0 FTE in a fiscal year, the payment made for the pupil under sections 22a and 22b shall not be based on more than 1.0 FTE for that pupil, and any portion of an FTE for that pupil that exceeds 1.0 shall instead be paid under section 25g. The district operating the program shall report to the center the number of pupils who were enrolled in the program and were in full attendance for a month not later than the tenth day of the next month. 30 DAYS AFTER THE END OF THE MONTH. A district shall not report a pupil as being in full attendance for a month unless both of the following are met: (i) A personalized learning plan is in place on or before the first school day of the month for the first month the pupil participates in the program. (ii) The pupil meets the district’s definition under section 23a of satisfactory monthly progress for that month or, if the pupil does not meet that definition of satisfactory monthly progress for that month, the pupil did meet that definition of satisfactory monthly progress in the immediately preceding month and appropriate interventions are implemented within 10 school days after it is determined that the pupil does not meet that definition of satisfactory monthly progress. (ee) A pupil participating in an online A VIRTUAL course under section 21f shall be counted in membership in the district enrolling the pupil. (ff) If a public school academy that is not in its first or second year of operation closes at the end of a school year and does not reopen for the next school year, the department shall adjust the membership count of the district or the education achievement system in which a former pupil of the public school academy enrolls and is in regular daily attendance for the next school year to ensure that the district or the education achievement system receives the same amount of membership aid for the pupil as if the pupil were counted in the district or the education achievement system on the supplemental count day of the preceding school year. (GG) IF A SPECIAL EDUCATION PUPIL IS EXPELLED UNDER SECTION 1311 OR 1311A OF THE REVISED SCHOOL CODE, MCL 380.1311 AND 380.1311A, AND IS NOT IN ATTENDANCE ON THE PUPIL MEMBERSHIP COUNT DAY BECAUSE OF THE EXPULSION, AND IF THE PUPIL REMAINS ENROLLED IN THE DISTRICT AND RESUMES REGULAR DAILY ATTENDANCE DURING THAT SCHOOL YEAR, THE DISTRICT’S MEMBERSHIP SHALL BE ADJUSTED TO COUNT THE PUPIL IN MEMBERSHIP AS IF HE OR SHE HAD BEEN IN ATTENDANCE ON THE PUPIL MEMBERSHIP COUNT DAY. (HH) A PUPIL ENROLLED IN A COMMUNITY DISTRICT SHALL BE COUNTED IN MEMBERSHIP IN THE COMMUNITY DISTRICT. FOR A COMMUNITY DISTRICT IN ITS FIRST FISCAL YEAR OF OPERATIONS ONLY, UNTIL THE DEPARTMENT IS ABLE TO CALCULATE THE COMMUNITY DISTRICT’S MEMBERSHIP, THE DEPARTMENT SHALL CONSIDER THE COMMUNITY DISTRICT’S MEMBERSHIP TO BE THE SAME AS THE MEMBERSHIP FOR THE IMMEDIATELY PRECEDING FISCAL YEAR FOR A DISTRICT WITH THE SAME BOUNDARIES AS THE COMMUNITY DISTRICT THAT HAD MEMBERSHIP FOR THAT FISCAL YEAR. 1002 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (5) “Public school academy” means that term as defined in section 5 of the revised school code, MCL 380.5. (6) “Pupil” means a person in membership in a public school. A district must have the approval of the pupil’s district of residence to count the pupil in membership, except approval by the pupil’s district of residence is not required for any of the following: (a) A nonpublic part‑time pupil enrolled in grades K to 12 in accordance with section 166b. (b) A pupil receiving 1/2 or less of his or her instruction in a district other than the pupil’s district of residence. (c) A pupil enrolled in a public school academy or the education achievement system. (d) A pupil enrolled in a district other than the pupil’s district of residence under an intermediate district schools of choice pilot program as described in section 91a or former section 91 if the intermediate district and its constituent districts have been exempted from section 105. (e) A pupil enrolled in a district other than the pupil’s district of residence if the pupil is enrolled in accordance with section 105 or 105c. (f) A pupil who has made an official written complaint or whose parent or legal guardian has made an official written complaint to law enforcement officials and to school officials of the pupil’s district of residence that the pupil has been the victim of a criminal sexual assault or other serious assault, if the official complaint either indicates that the assault occurred at school or that the assault was committed by 1 or more other pupils enrolled in the school the pupil would otherwise attend in the district of residence or by an employee of the district of residence. A person who intentionally makes a false report of a crime to law enforcement officials for the purposes of this subdivision is subject to section 411a of the Michigan penal code, 1931 PA 328, MCL 750.411a, which provides criminal penalties for that conduct. As used in this subdivision: (i) “At school” means in a classroom, elsewhere on school premises, on a school bus or other school‑related vehicle, or at a school‑sponsored activity or event whether or not it is held on school premises. (ii) “Serious assault” means an act that constitutes a felony violation of chapter XI of the Michigan penal code, 1931 PA 328, MCL 750.81 to 750.90h, or that constitutes an assault and infliction of serious or aggravated injury under section 81a of the Michigan penal code, 1931 PA 328, MCL 750.81a. (g) A pupil whose district of residence changed after the pupil membership count day and before the supplemental count day and who continues to be enrolled on the supplemental count day as a nonresident in the district in which he or she was enrolled as a resident on the pupil membership count day of the same school year. (h) A pupil enrolled in an alternative education program operated by a district other than his or her district of residence who meets 1 or more of the following: (i) The pupil has been suspended or expelled from his or her district of residence for any reason, including, but not limited to, a suspension or expulsion under section 1310, 1311, or 1311a of the revised school code, MCL 380.1310, 380.1311, and 380.1311a. (ii) The pupil had previously dropped out of school. (iii) The pupil is pregnant or is a parent. (iv) The pupil has been referred to the program by a court. (i) A pupil enrolled in the Michigan Virtual School, for the pupil’s enrollment in the Michigan Virtual School. (j) A pupil who is the child of a person who works at the district or who is the child of a person who worked at the district as of the time the pupil first enrolled in the district but who no longer works at the district due to a workforce reduction. As used in this subdivision, “child” includes an adopted child, stepchild, or legal ward. (k) An expelled pupil who has been denied reinstatement by the expelling district and is reinstated by another school board under section 1311 or 1311a of the revised school code, MCL 380.1311 and 380.1311a. (l) A pupil enrolled in a district other than the pupil’s district of residence in a middle college program if the pupil’s district of residence and the enrolling district are both constituent districts of the same intermediate district. (m) A pupil enrolled in a district other than the pupil’s district of residence who attends a United States Olympic Education Center. (n) A pupil enrolled in a district other than the pupil’s district of residence pursuant to section 1148(2) of the revised school code, MCL 380.1148. (o) A pupil who enrolls in a district other than the pupil’s district of residence as a result of the pupil’s school not making adequate yearly progress under the no child left behind act of 2001, Public Law 107‑110, OR THE EVERY STUDENT SUCCEEDS ACT, PUBLIC LAW 114‑95. However, EXCEPT FOR PUPILS ENROLLED IN THE YOUTH CHALLENGE PROGRAM AT THE SITE AT WHICH THE YOUTH CHALLENGE PROGRAM OPERATED FOR 2015‑2016, if a district educates pupils who reside in another district and if the primary instructional site for those pupils is established by the educating district after 2009‑2010 and is located within the boundaries of that other district, the educating district must have the approval of that other district to count those pupils in membership. (7) “Pupil membership count day” of a district or intermediate district means: (a) Except as provided in subdivision (b), the first Wednesday in October each school year or, for a district or building in which school is not in session on that Wednesday due to conditions not within the control of school authorities, with the approval of the superintendent, the immediately following day on which school is in session in the district or building. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1003 (b) For a district or intermediate district maintaining school during the entire school year, the following days: (i) Fourth Wednesday in July. (ii) First Wednesday in October. (iii) Second Wednesday in February. (iv) Fourth Wednesday in April. (8) “Pupils in grades K to 12 actually enrolled and in regular daily attendance” means pupils in grades K to 12 in attendance and receiving instruction in all classes for which they are enrolled on the pupil membership count day or the supplemental count day, as applicable. Except as otherwise provided in this subsection, a pupil who is absent from any of the classes in which the pupil is enrolled on the pupil membership count day or supplemental count day and who does not attend each of those classes during the 10 consecutive school days immediately following the pupil membership count day or supplemental count day, except for a pupil who has been excused by the district, shall not be counted as 1.0 full‑time equated membership. A pupil who is excused from attendance on the pupil membership count day or supplemental count day and who fails to attend each of the classes in which the pupil is enrolled within 30 calendar days after the pupil membership count day or supplemental count day shall not be counted as 1.0 full‑time equated membership. In addition, a pupil who was enrolled and in attendance in a district, an intermediate district, a public school academy, or the education achievement system before the pupil membership count day or supplemental count day of a particular year but was expelled or suspended on the pupil membership count day or supplemental count day shall only be counted as 1.0 full‑time equated membership if the pupil resumed attendance in the district, intermediate district, public school academy, or education achievement system within 45 days after the pupil membership count day or supplemental count day of that particular year. Pupils not counted as 1.0 full‑time equated membership due to an absence from a class shall be counted as a prorated membership for the classes the pupil attended. For purposes of this subsection, “class” means a period of time in 1 day when pupils and a certificated teacher or legally qualified substitute teacher are together and instruction is taking place. (9) “Rule” means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328. (10) “The revised school code” means 1976 PA 451, MCL 380.1 to 380.1852. (11) “School district of the first class”, “first class school district”, and “district of the first class” mean, for the purposes of this article only, a district that had at least 40,000 pupils in membership for the immediately preceding fiscal year. (12) “School fiscal year” means a fiscal year that commences July 1 and continues through June 30. (13) “State board” means the state board of education. (14) “Superintendent”, unless the context clearly refers to a district or intermediate district superintendent, means the superintendent of public instruction described in section 3 of article VIII of the state constitution of 1963. (15) “Supplemental count day” means the day on which the supplemental pupil count is conducted under section 6a. (16) “Tuition pupil” means a pupil of school age attending school in a district other than the pupil’s district of residence for whom tuition may be charged to the district of residence. Tuition pupil does not include a pupil who is a special education pupil, a pupil described in subsection (6)(c) to (o), or a pupil whose parent or guardian voluntarily enrolls the pupil in a district that is not the pupil’s district of residence. A pupil’s district of residence shall not require a high school tuition pupil, as provided under section 111, to attend another school district after the pupil has been assigned to a school district. (17) “State school aid fund” means the state school aid fund established in section 11 of article IX of the state constitution of 1963. (18) “Taxable value” means the taxable value of property as determined under section 27a of the general property tax act, 1893 PA 206, MCL 211.27a. (19) “Textbook” means a book, electronic book, or other instructional print or electronic resource that is selected and approved by the governing board of a district or, for an achievement school, by the chancellor of the achievement authority and that contains a presentation of principles of a subject, or that is a literary work relevant to the study of a subject required for the use of classroom pupils, or another type of course material that forms the basis of classroom instruction. (20) “Total state aid” or “total state school aid” means the total combined amount of all funds due to a district, intermediate district, or other entity under all of the provisions of this article. Sec. 11. (1) For the fiscal year ending September 30, 2015, there is appropriated for the public schools of this state and certain other state purposes relating to education the sum of $11,814,097,400.00 from the state school aid fund, the sum of $18,000,000.00 from the MPSERS retirement obligation reform reserve fund created under section 147b, and the sum of $33,700,000.00 from the general fund. For the fiscal year ending September 30, 2016, there is appropriated for the public schools of this state and certain other state purposes relating to education the sum of $12,078,985,100.00 $11,905,439,300.00 from the state school aid fund and the sum of $45,900,000.00 $55,100,000.00 from the general fund. FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2017, THERE IS APPROPRIATED FOR THE PUBLIC SCHOOLS OF THIS STATE AND CERTAIN OTHER STATE PURPOSES RELATING TO EDUCATION THE SUM OF $12,052,309,300.00 FROM THE STATE SCHOOL AID FUND, THE SUM OF $218,900,000.00 FROM THE GENERAL FUND, AN AMOUNT NOT TO EXCEED $72,000,000.00 FROM THE COMMUNITY DISTRICT EDUCATION TRUST FUND CREATED UNDER SECTION 12 OF THE MICHIGAN TRUST FUND ACT, 2000 PA 489, MCL 12.262, AND AN AMOUNT NOT TO EXCEED $100.00 FROM THE WATER EMERGENCY RESERVE FUND. In addition, all other available federal funds are appropriated each fiscal year for the fiscal years ending September 30, 2015 2016 and September 30, 2016.2017. 1004 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (2) The appropriations under this section shall be allocated as provided in this article. Money appropriated under this section from the general fund shall be expended to fund the purposes of this article before the expenditure of money appropriated under this section from the state school aid fund. (3) Any general fund allocations under this article that are not expended by the end of the state fiscal year are transferred to the school aid stabilization fund created under section 11a. Sec. 11a. (1) The school aid stabilization fund is created as a separate account within the state school aid fund established by section 11 of article IX of the state constitution of 1963. (2) The state treasurer may receive money or other assets from any source for deposit into the school aid stabilization fund. The state treasurer shall deposit into the school aid stabilization fund all of the following: (a) Unexpended and unencumbered state school aid fund revenue for a fiscal year that remains in the state school aid fund as of the bookclosing for that fiscal year. (b) Money statutorily dedicated to the school aid stabilization fund. (c) Money appropriated to the school aid stabilization fund. (3) Money available in the school aid stabilization fund may not be expended without a specific appropriation from the school aid stabilization fund. Money in the school aid stabilization fund shall be expended only for purposes for which state school aid fund money may be expended. (4) The state treasurer shall direct the investment of the school aid stabilization fund. The state treasurer shall credit to the school aid stabilization fund interest and earnings from fund investments. (5) Money in the school aid stabilization fund at the close of a fiscal year shall remain in the school aid stabilization fund and shall not lapse to the unreserved school aid fund balance or the general fund. (6) If the maximum amount appropriated under section 11 from the state school aid fund for a fiscal year exceeds the amount available for expenditure from the state school aid fund for that fiscal year, there is appropriated from the school aid stabilization fund to the state school aid fund an amount equal to the projected shortfall as determined by the department of treasury, but not to exceed available money in the school aid stabilization fund. If the money in the school aid stabilization fund is insufficient to fully fund an amount equal to the projected shortfall, the state budget director shall notify the legislature as required under section 296(2) and state payments in an amount equal to the remainder of the projected shortfall shall be prorated in the manner provided under section 296(3). (7) For 2015‑2016, 2016‑2017, in addition to the appropriations in section 11, there is appropriated from the school aid stabilization fund to the state school aid fund the amount necessary to fully fund the allocations under this article. Sec. 11j. From the appropriation in section 11, there is allocated an amount not to exceed $126,500,000.00 $10,500,000.00 for 2015‑2016 AND THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $126,500,000.00 FOR 2016‑2017 for payments to the school loan bond redemption fund in the department of treasury on behalf of districts and intermediate districts. Notwithstanding section 296 or any other provision of this act, funds allocated under this section are not subject to proration and shall be paid in full. Sec. 11k. For 2015‑2016, 2016‑2017, there is appropriated from the general fund to the school loan revolving fund an amount equal to the amount of school bond loans assigned to the Michigan finance authority, not to exceed the total amount of school bond loans held in reserve as long‑term assets. As used in this section, “school loan revolving fund” means that fund created in section 16c of the shared credit rating act, 1985 PA 227, MCL 141.1066c. Sec. 11m. From the appropriation in section 11, there is allocated for 2014‑2015 an amount not to exceed $0.00 and there is allocated for 2015‑2016 an amount not to exceed $2,000,000.00 $1,000,000.00 AND THERE IS ALLOCATED FOR 2016‑2017 AN AMOUNT NOT TO EXCEED $3,000,000.00 for fiscal year cash‑flow borrowing costs solely related to the state school aid fund established by section 11 of article IX of the state constitution of 1963. SEC. 11o. (1) FROM THE GENERAL FUND APPROPRIATION IN SECTION 11, THERE IS ALLOCATED $9,200,000.00 FOR 2015‑2016 TO AN INTERMEDIATE DISTRICT FOR THE PURPOSE OF PROVIDING STATE EARLY CHILDHOOD SERVICES DESCRIBED IN THIS SECTION TO CHILDREN WHO RESIDE WITHIN THE BOUNDARIES OF A CONSTITUENT DISTRICT WITH THE MAJORITY OF ITS TERRITORY LOCATED WITHIN THE BOUNDARIES OF A CITY FOR WHICH AN EXECUTIVE PROCLAMATION OF EMERGENCY IS ISSUED DURING THE FISCAL YEAR UNDER THE EMERGENCY MANAGEMENT ACT, 1976 PA 390, MCL 30.401 TO 30.421. (2) FROM THE ALLOCATION UNDER SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $8,300,000.00 FOR STATE EARLY INTERVENTION SERVICES PROVIDED TO CHILDREN LESS THAN 5 YEARS OF AGE AS OF SEPTEMBER 1, 2015. THE INTERMEDIATE DISTRICT SHALL USE THE FUNDS TO PROVIDE STATE EARLY INTERVENTION SERVICES THAT ARE SIMILAR TO THE SERVICES DESCRIBED IN THE EARLY ON MICHIGAN STATE PLAN, AS APPROVED BY THE DEPARTMENT. (3) FROM THE ALLOCATION IN SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $650,000.00 TO PROVIDE SUMMER GREAT START READINESS PROGRAMS AND RELATED SERVICES, AS APPROVED BY THE DEPARTMENT. (4) FROM THE ALLOCATION IN SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $250,000.00 TO A CONSTITUENT DISTRICT DESCRIBED IN SUBSECTION (1) THAT HAS AN AGREEMENT No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1005 WITH A POSTSECONDARY INSTITUTION TO PROVIDE SUMMER EARLY CHILDHOOD PROGRAMS SIMILAR TO GREAT START READINESS PROGRAMS, AS APPROVED BY THE DEPARTMENT. (5) THE FUNDS ALLOCATED UNDER THIS SECTION ARE A WORK PROJECT APPROPRIATION, AND ANY UNEXPENDED FUNDS FOR 2015‑2016 ARE CARRIED FORWARD INTO 2016‑2017. THE PURPOSE OF THE WORK PROJECT IS TO PROVIDE EARLY CHILDHOOD SERVICES DESCRIBED IN THIS SECTION. THE ESTIMATED COMPLETION DATE OF THE WORK PROJECT IS SEPTEMBER 30, 2018. Sec. 11r. (1) From the appropriation in section 11, there is allocated for 2014‑2015 an amount not to exceed $4,000,000.00 to be deposited into the distressed districts emergency grant fund created under this section for the purpose of funding grants under this section. (2) The distressed districts emergency grant fund is created as a separate account within the state school aid fund. The state treasurer may receive money or other assets from any source for deposit into the distressed districts emergency grant fund. The state treasurer shall direct the investment of the distressed districts emergency grant fund and shall credit to the distressed districts emergency grant fund interest and earnings from the fund. (3) Subject to subsection (4), and except as otherwise provided under subsection (8), a district is eligible to receive a grant from the distressed districts emergency grant fund if either of the following applies: (a) The district has adopted a resolution authorizing the voluntary dissolution of the district approved by the state treasurer under section 12 of the revised school code, MCL 380.12, but the dissolution has not yet taken effect under that section. (b) The district is a receiving district under section 12 of the revised school code, MCL 380.12, and the district enrolls pupils who were previously enrolled in a district that was dissolved under section 12 of the revised school code, MCL 380.12, in the immediately preceding school year. (4) A district receiving funds under section 20g is not eligible to receive funds under this section. (5) The amount of a grant under this section shall be determined by the state treasurer after consultation with the superintendent of public instruction, but shall not exceed the estimated amount of remaining district costs in excess of available revenues, including, but not limited to, payroll, benefits, retirement system contributions, pupil transportation, food services, special education, building security, and other costs necessary to allow the district to operate schools directly and provide public education services until the end of the current school fiscal year. For a district that meets the eligibility criteria under subsection (3)(b), the amount of the grant shall be determined in the same manner as transition costs under section 20g. (6) Before disbursing funds under this section, the state treasurer shall notify the house and senate appropriations subcommittees on school aid and the house and senate fiscal agencies. The notification shall include, but not be limited to, the district receiving funds under this section, the amount of the funds awarded under this section, an explanation of the district conditions that necessitate funding under this section, and the intended use of funds disbursed under this section. (7) Money EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (8), MONEY in the distressed districts emergency grant fund at the close of a fiscal year shall remain in the distressed districts emergency grant fund and shall not lapse to the state school aid fund or to the general fund. (8) For 2014‑2015 only, for a district that is a strict discipline academy established under sections 1311b to 1311m of the revised school code, MCL 380.1311b to 380.1311m, that serves at least 340 pupils as reported on the line labeled “State Aid Membership” in the May 2015 state aid financial status report, and that services a program that provided pupil accounting information to the department for the October 2013 data collection on the department form entitled “ANNUAL SURVEY OF CHILDREN IN LOCAL INSTITUTIONS FOR NEGLECTED OR DELINQUENT CHILDREN OR IN CORRECTIONAL INSTITUTIONS (Title I of P.L. 107‑110)”, but for which the information was not correctly compiled by the department, the department shall award a grant to that district under this subsection from the funding allocated under subsection (1) to compensate the district for the loss in federal funding that occurred as a result of the department’s incorrect compilation. The amount of the grant under this subsection for this purpose shall be $178,000.00 for the amount lost for the 2014‑2015 school year. (8) FOR 2015‑2016 ONLY, AN AMOUNT NOT TO EXCEED $2,800,000.00 SHALL BE LAPSED FROM THE DISTRESSED DISTRICTS EMERGENCY GRANT FUND TO THE STATE SCHOOL AID FUND. SEC. 11S. (1) FROM THE GENERAL FUND APPROPRIATION IN SECTION 11, THERE IS ALLOCATED $10,142,500.00 FOR 2016‑2017 FOR THE PURPOSE OF PROVIDING SERVICES AND PROGRAMS TO CHILDREN WHO RESIDE WITHIN THE BOUNDARIES OF A DISTRICT WITH THE MAJORITY OF ITS TERRITORY LOCATED WITHIN THE BOUNDARIES OF A CITY FOR WHICH AN EXECUTIVE PROCLAMATION OF EMERGENCY IS ISSUED IN THE CURRENT OR IMMEDIATELY PRECEDING FISCAL YEAR UNDER THE EMERGENCY MANAGEMENT ACT, 1976 PA 390, MCL 30.401 TO 30.421. FROM THE FUNDING APPROPRIATED IN SECTION 11, THERE IS ALLOCATED $100.00 FROM THE WATER EMERGENCY RESERVE FUND FOR THE PURPOSES OF THIS SECTION. (2) FROM THE ALLOCATION IN SUBSECTION (1), THERE IS ALLOCATED TO A DISTRICT WITH THE MAJORITY OF ITS TERRITORY LOCATED WITHIN THE BOUNDARIES OF A CITY IN WHICH AN EXECUTIVE PROCLAMATION OF EMERGENCY IS ISSUED IN THE CURRENT OR IMMEDIATELY PRECEDING FISCAL YEAR AND THAT HAS AT LEAST 5,000 PUPILS IN MEMBERSHIP FOR THE CURRENT FISCAL YEAR, AN AMOUNT NOT TO EXCEED $1,292,500.00 FOR THE PURPOSE OF EMPLOYING SCHOOL NURSES AND 1006 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 SCHOOL SOCIAL WORKERS. THE DISTRICT SHALL PROVIDE A REPORT TO THE DEPARTMENT IN A FORM, MANNER, AND FREQUENCY APPROVED BY THE DEPARTMENT. THE DEPARTMENT SHALL PROVIDE A COPY OF THAT REPORT TO THE GOVERNOR, THE HOUSE AND SENATE SCHOOL AID SUBCOMMITTEES, THE HOUSE AND SENATE FISCAL AGENCIES, AND THE STATE BUDGET DIRECTOR WITHIN 5 DAYS AFTER RECEIPT. THE REPORT SHALL PROVIDE AT LEAST THE FOLLOWING INFORMATION: (A) HOW MANY PERSONNEL WERE HIRED USING THE FUNDS ALLOCATED UNDER THIS SUBSECTION. (B) A DESCRIPTION OF THE SERVICES PROVIDED TO PUPILS BY THOSE PERSONNEL. (C) HOW MANY PUPILS RECEIVED EACH TYPE OF SERVICE IDENTIFIED IN SUBDIVISION (B). (D) ANY OTHER INFORMATION THE DEPARTMENT CONSIDERS NECESSARY TO ENSURE THAT THE CHILDREN DESCRIBED IN SUBSECTION (1) RECEIVED APPROPRIATE LEVELS AND TYPES OF SERVICES. (3) FROM THE ALLOCATION IN SUBSECTION (1), THERE IS ALLOCATED TO AN INTERMEDIATE DISTRICT THAT HAS A CONSTITUENT DISTRICT DESCRIBED IN SUBSECTION (2) AN AMOUNT NOT TO EXCEED $1,195,000.00 TO AUGMENT STAFF FOR THE PURPOSE OF PROVIDING ADDITIONAL EARLY CHILDHOOD SERVICES AND FOR NUTRITIONAL SERVICES TO CHILDREN DESCRIBED IN SUBSECTION (1), REGARDLESS OF LOCATION OF SCHOOL OF ATTENDANCE. THE EARLY CHILDHOOD SERVICES TO BE PROVIDED UNDER THIS SUBSECTION ARE STATE EARLY INTERVENTION SERVICES AS DESCRIBED IN SUBSECTION (4) AND EARLY LITERACY SERVICES. IN ADDITION, FUNDS ALLOCATED UNDER THIS SUBSECTION MAY ALSO BE EXPENDED TO PROVIDE INFORMATIONAL RESOURCES TO PARENTS, EDUCATORS, AND THE COMMUNITY, AND TO COORDINATE SERVICES WITH OTHER LOCAL AGENCIES. THE INTERMEDIATE DISTRICT SHALL PROVIDE A REPORT TO THE DEPARTMENT IN A FORM, MANNER, AND FREQUENCY APPROVED BY THE DEPARTMENT. THE DEPARTMENT SHALL PROVIDE A COPY OF THAT REPORT TO THE GOVERNOR, THE HOUSE AND SENATE SCHOOL AID SUBCOMMITTEES, THE HOUSE AND SENATE FISCAL AGENCIES, AND THE STATE BUDGET DIRECTOR WITHIN 5 DAYS AFTER RECEIPT. THE REPORT SHALL PROVIDE AT LEAST THE FOLLOWING INFORMATION: (A) HOW MANY PERSONNEL WERE HIRED USING THE FUNDS APPROPRIATED IN THIS SUBSECTION. (B) A DESCRIPTION OF THE SERVICES PROVIDED TO CHILDREN BY THOSE PERSONNEL. (C) WHAT TYPES OF ADDITIONAL NUTRITIONAL SERVICES WERE PROVIDED. (D) HOW MANY CHILDREN RECEIVED EACH TYPE OF SERVICE IDENTIFIED IN SUBDIVISIONS (B) AND (C). (E) WHAT TYPES OF INFORMATIONAL RESOURCES AND COORDINATION EFFORTS WERE PROVIDED. (F) ANY OTHER INFORMATION THE DEPARTMENT CONSIDERS NECESSARY TO ENSURE THAT THE CHILDREN DESCRIBED IN SUBSECTION (1) RECEIVED APPROPRIATE LEVELS AND TYPES OF SERVICES. (4) FROM THE ALLOCATION IN SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $6,155,000.00 TO INTERMEDIATE DISTRICTS DESCRIBED IN SUBSECTION (3) TO PROVIDE STATE EARLY INTERVENTION SERVICES FOR CHILDREN DESCRIBED IN SUBSECTION (1) WHO ARE LESS THAN 4 YEARS OF AGE AS OF SEPTEMBER 1, 2016. THE INTERMEDIATE DISTRICT SHALL USE THESE FUNDS TO PROVIDE STATE EARLY INTERVENTION SERVICES THAT ARE SIMILAR TO THE SERVICES DESCRIBED IN THE EARLY ON MICHIGAN STATE PLAN, INCLUDING ENSURING THAT ALL CHILDREN DESCRIBED IN SUBSECTION (1) WHO ARE LESS THAN 4 YEARS OF AGE AS OF SEPTEMBER 1, 2016 ARE ASSESSED AND EVALUATED AT LEAST TWICE ANNUALLY. (5) FROM THE ALLOCATION IN SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $1,500,000.00 TO INTERMEDIATE DISTRICTS DESCRIBED IN SUBSECTION (3) TO ENROLL CHILDREN DESCRIBED IN SUBSECTION (1) IN SCHOOL‑DAY GREAT START READINESS PROGRAMS, REGARDLESS OF HOUSEHOLD INCOME ELIGIBILITY REQUIREMENTS CONTAINED IN SECTION 39. THE DEPARTMENT SHALL ADMINISTER THIS FUNDING CONSISTENT WITH ALL OTHER PROVISIONS OF THE GREAT START READINESS PROGRAMS CONTAINED IN SECTION 32D AND SECTION 39. (6) IN ADDITION TO OTHER FUNDING ALLOCATED AND APPROPRIATED IN THIS SECTION, THERE IS APPROPRIATED AN AMOUNT NOT TO EXCEED $15,000,000.00 FOR 2016‑2017 FOR STATE RESTRICTED CONTINGENCY FUNDS. THESE CONTINGENCY FUNDS ARE NOT AVAILABLE FOR EXPENDITURE UNTIL THEY HAVE BEEN TRANSFERRED TO A SECTION WITHIN THIS ARTICLE UNDER SECTION 393(2) OF THE MANAGEMENT AND BUDGET ACT, 1984 PA 431, MCL 18.1393. Sec. 15. (1) If a district or intermediate district fails to receive its proper apportionment, the department, upon satisfactory proof that the district or intermediate district was entitled justly, shall apportion the deficiency in the next apportionment. Subject to subsections (2) and (3), if a district or intermediate district has received more than its proper apportionment, the department, upon satisfactory proof, shall deduct the excess in the next apportionment. Notwithstanding any other provision in this article, state aid overpayments to a district, other than overpayments in payments for special education or special education transportation, may be recovered from any payment made under this article other than a special education or special education transportation payment, from the proceeds of a loan to the district under the emergency municipal loan act, 1980 PA 243, MCL 141.931 to 141.942, or from the proceeds of millage levied or pledged under section 1211 of the revised school code, MCL No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1007 380.1211. State aid overpayments made in special education or special education transportation payments may be recovered from subsequent special education or special education transportation payments, from the proceeds of a loan to the district under the emergency municipal loan act, 1980 PA 243, MCL 141.931 to 141.942, or from the proceeds of millage levied or pledged under section 1211 of the revised school code, MCL 380.1211. (2) If the result of an audit conducted by or for the department affects the current fiscal year membership, affected payments shall be adjusted in the current fiscal year. A deduction due to an adjustment made as a result of an audit conducted by or for the department, or as a result of information obtained by the department from the district, an intermediate district, the department of treasury, or the office of auditor general, shall be deducted from the district’s apportionments when the adjustment is finalized. At the request of the district and upon the district presenting evidence satisfactory to the department of the hardship, the department may grant up to an additional 4 years for the adjustment and may advance payments to the district otherwise authorized under this article if the district would otherwise experience a significant hardship in satisfying its financial obligations. For a district that is a strict discipline academy established under sections 1311b to 1311m of the revised school code, MCL 380.1311b to 380.1311m, and that claimed a hardship in 2014‑2015 because of an overpayment caused by a miscalculation of its pupil membership for 2013‑2014, the department shall consider the amount of repayment made by the district as of the effective date of the amendatory act that added this sentence to constitute full repayment and the district is not required to continue making repayment for the overpayment that occurred in 2013‑2014. (3) If, based on an audit by the department or the department’s designee or because of new or updated information received by the department, the department determines that the amount paid to a district or intermediate district under this article for the current fiscal year or a prior fiscal year was incorrect, the department shall make the appropriate deduction or payment in the district’s or intermediate district’s allocation in the next apportionment after the adjustment is finalized. The deduction or payment shall be calculated according to the law in effect in the fiscal year in which the incorrect amount was paid. If the district does not receive an allocation for the fiscal year or if the allocation is not sufficient to pay the amount of any deduction, the amount of any deduction otherwise applicable shall be satisfied from the proceeds of a loan to the district under the emergency municipal loan act, 1980 PA 243, MCL 141.931 to 141.942, or from the proceeds of millage levied or pledged under section 1211 of the revised school code, MCL 380.1211, as determined by the department. (4) The department may conduct audits, or may direct audits by designee of the department, for the current fiscal year and the immediately preceding 3 fiscal years of all records related to a program for which a district or intermediate district has received funds under this article. (5) Expenditures made by the department under this article that are caused by the write‑off of prior year accruals may be funded by revenue from the write‑off of prior year accruals. (6) In addition to funds appropriated in section 11 for all programs and services, there is appropriated for 2014‑2015 and for 2015‑2016 2016‑2017 for obligations in excess of applicable appropriations an amount equal to the collection of overpayments, but not to exceed amounts available from overpayments. Sec. 18. (1) Except as provided in another section of this article, each district or other entity shall apply the money received by the district or entity under this article to salaries and other compensation of teachers and other employees, tuition, transportation, lighting, heating, ventilation, water service, the purchase of textbooks, other supplies, and any other school operating expenditures defined in section 7. However, not more than 20% of the total amount received by a district under sections 22a and 22b or received by an intermediate district under section 81 may be transferred by the board to either the capital projects fund or to the debt retirement fund for debt service. The money shall not be applied or taken for a purpose other than as provided in this section. The department shall determine the reasonableness of expenditures and may withhold from a recipient of funds under this article the apportionment otherwise due upon a violation by the recipient. (2) A district or intermediate district shall adopt an annual budget in a manner that complies with the uniform budgeting and accounting act, 1968 PA 2, MCL 141.421 to 141.440a. Within 15 days after a district board adopts its annual operating budget for the following school fiscal year, or after a district board adopts a subsequent revision to that budget, the district shall make all of the following available through a link on its website homepage, or may make the information available through a link on its intermediate district’s website homepage, in a form and manner prescribed by the department: (a) The annual operating budget and subsequent budget revisions. (b) Using data that have already been collected and submitted to the department, a summary of district expenditures for the most recent fiscal year for which they are available, expressed in the following 2 pie charts: (i) A chart of personnel expenditures, broken into the following subcategories: (A) Salaries and wages. (B) Employee benefit costs, including, but not limited to, medical, dental, vision, life, disability, and long‑term care benefits. (C) Retirement benefit costs. (D) All other personnel costs. (ii) A chart of all district expenditures, broken into the following subcategories: (A) Instruction. (B) Support services. (C) Business and administration. (D) Operations and maintenance. 1008 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (c) Links to all of the following: (i) The current collective bargaining agreement for each bargaining unit. (ii) Each health care benefits plan, including, but not limited to, medical, dental, vision, disability, long‑term care, or any other type of benefits that would constitute health care services, offered to any bargaining unit or employee in the district. (iii) The audit report of the audit conducted under subsection (4) for the most recent fiscal year for which it is available. (iv) The bids required under section 5 of the public employees health benefits act, 2007 PA 106, MCL 124.75. (v) The district’s written policy governing procurement of supplies, materials, and equipment. (vi) The district’s written policy establishing specific categories of reimbursable expenses, as described in section 1254(2) of the revised school code, MCL 380.1254. (vii) Either the district’s accounts payable check register for the most recent school fiscal year or a statement of the total amount of expenses incurred by board members or employees of the district that were reimbursed by the district for the most recent school fiscal year. (d) The total salary and a description and cost of each fringe benefit included in the compensation package for the superintendent of the district and for each employee of the district whose salary exceeds $100,000.00. (e) The annual amount spent on dues paid to associations. (f) The annual amount spent on lobbying or lobbying services. As used in this subdivision, “lobbying” means that term as defined in section 5 of 1978 PA 472, MCL 4.415. (g) Any deficit elimination plan or enhanced deficit elimination plan the district was required to submit under the revised school code. (h) Identification of all credit cards maintained by the district as district credit cards, the identity of all individuals authorized to use each of those credit cards, the credit limit on each credit card, and the dollar limit, if any, for each individual’s authorized use of the credit card. (i) Costs incurred for each instance of out‑of‑state travel by the school administrator of the district that is fully or partially paid for by the district and the details of each of those instances of out‑of‑state travel, including at least identification of each individual on the trip, destination, and purpose. (3) For the information required under subsection (2)(a), (2)(b)(i), and (2)(c), an intermediate district shall provide the same information in the same manner as required for a district under subsection (2). (4) For the purposes of determining the reasonableness of expenditures, whether a district or intermediate district has received the proper amount of funds under this article, and whether a violation of this article has occurred, all of the following apply: (a) The department shall require that each district and intermediate district have an audit of the district’s or intermediate district’s financial and pupil accounting records conducted at least annually, and at such other times as determined by the department, at the expense of the district or intermediate district, as applicable. The audits must be performed by a certified public accountant or by the intermediate district superintendent, as may be required by the department, or in the case of a district of the first class by a certified public accountant, the intermediate superintendent, or the auditor general of the city. A district or intermediate district shall retain these records for the current fiscal year and from at least the 3 immediately preceding fiscal years. (b) If a district operates in a single building with fewer than 700 full‑time equated pupils, if the district has stable membership, and if the error rate of the immediately preceding 2 pupil accounting field audits of the district is less than 2%, the district may have a pupil accounting field audit conducted biennially but must continue to have desk audits for each pupil count. The auditor must document compliance with the audit cycle in the pupil auditing manual. As used in this subdivision, “stable membership” means that the district’s membership for the current fiscal year varies from the district’s membership for the immediately preceding fiscal year by less than 5%. (c) A district’s or intermediate district’s annual financial audit shall include an analysis of the financial and pupil accounting data used as the basis for distribution of state school aid. (d) The pupil and financial accounting records and reports, audits, and management letters are subject to requirements established in the auditing and accounting manuals approved and published by the department. (e) All of the following shall be done not later than November 1 each year for reporting the prior fiscal year data: (i) A district shall file the annual financial audit reports with the intermediate district and the department. (ii) The intermediate district shall file the annual financial audit reports for the intermediate district with the department. (iii) The intermediate district shall enter the pupil membership audit reports for its constituent districts and for the intermediate district, for the pupil membership count day and supplemental count day, in the Michigan student data system. (f) The annual financial audit reports and pupil accounting procedures reports shall be available to the public in compliance with the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. (g) Not later than January 31 of each year, the department shall notify the state budget director and the legislative appropriations subcommittees responsible for review of the school aid budget of districts and intermediate districts that have not filed an annual financial audit and pupil accounting procedures report required under this section for the school year ending in the immediately preceding fiscal year. (5) By November 1 each fiscal year, each district and intermediate district shall submit to the center, in a manner prescribed by the center, annual comprehensive financial data CONSISTENT WITH THE DISTRICT’S OR INTERMEDIATE No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1009 DISTRICT’S AUDITED FINANCIAL STATEMENTS AND consistent with accounting manuals and charts of accounts approved and published by the department. For an intermediate district, the report shall also contain the website address where the department can access the report required under section 620 of the revised school code, MCL 380.620. The department shall ensure that the prescribed Michigan public school accounting manual chart of accounts includes standard conventions to distinguish expenditures by allowable fund function and object. The functions shall include at minimum categories for instruction, pupil support, instructional staff support, general administration, school administration, business administration, transportation, facilities operation and maintenance, facilities acquisition, and debt service; and shall include object classifications of salary, benefits, including categories for active employee health expenditures, purchased services, supplies, capital outlay, and other. Districts shall report the required level of detail consistent with the manual as part of the comprehensive annual financial report. (6) By September 30 of each year, each district and intermediate district shall file with the department the special education actual cost report, known as “SE‑4096”, on a form and in the manner prescribed by the department. (7) By October 7 of each year, each district and intermediate district shall file with the center the transportation expenditure report, known as “SE‑4094”, on a form and in the manner prescribed by the center. (8) The department shall review its pupil accounting and pupil auditing manuals at least annually and shall periodically update those manuals to reflect changes in this article. (9) If a district that is a public school academy purchases property using money received under this article, the public school academy shall retain ownership of the property unless the public school academy sells the property at fair market value. (10) If a district or intermediate district does not comply with subsections (4), (5), (6), and (7), OR IF THE DEPARTMENT DETERMINES THAT THE FINANCIAL DATA REQUIRED UNDER SUBSECTION (5) ARE NOT CONSISTENT WITH AUDITED FINANCIAL STATEMENTS, the department shall withhold all state school aid due to the district or intermediate district under this article, beginning with the next payment due to the district or intermediate district, until the district or intermediate district complies with subsections (4), (5), (6), and (7). If the district or intermediate district does not comply with subsections (4), (5), (6), and (7) by the end of the fiscal year, the district or intermediate district forfeits the amount withheld. (11) If a district or intermediate district does not comply with subsection (2), the department may withhold up to 10% of the total state school aid due to the district or intermediate district under this article, beginning with the next payment due to the district or intermediate district, until the district or intermediate district complies with subsection (2). If the district or intermediate district does not comply with subsection (2) by the end of the fiscal year, the district or intermediate district forfeits the amount withheld. (12) Not later than November 1, 2015, 2016, if a district or intermediate district offers online VIRTUAL learning under section 21f, the district or intermediate district shall submit to the department a report that details the per‑pupil costs of operating the online VIRTUAL learning by vendor type. The report shall include at least all of the following information concerning the operation of online VIRTUAL learning for the school fiscal year ending June 30, 2015:2016: (a) The name of the district operating the online VIRTUAL learning and of each district that enrolled students in the online VIRTUAL learning. (b) The total number of students enrolled in the online VIRTUAL learning and the total number of membership pupils enrolled in the online VIRTUAL learning. (c) For each pupil who is enrolled in a district other than the district offering online VIRTUAL learning, the name of that district. (d) The district in which the pupil was enrolled before enrolling in the district offering online VIRTUAL learning. (e) The number of participating students who had previously dropped out of school. (f) The number of participating students who had previously been expelled from school. (g) The total cost to enroll a student in the program. This cost shall be reported on a per‑pupil, per‑course, per‑semester or trimester basis by vendor type. The total shall include costs broken down by cost for content development, content licensing, training, online VIRTUAL instruction and instructional support, personnel, hardware and software, payment to each online VIRTUAL learning provider, and other costs associated with operating online VIRTUAL learning. (h) The name of each online VIRTUAL education provider contracted by the district and the state in which each online VIRTUAL education provider is headquartered. (13) Not later than March 31, 2016, 2017, the department shall submit to the house and senate appropriations subcommittees on state school aid, the state budget director, and the house and senate fiscal agencies a report summarizing the per‑pupil costs by vendor type of online VIRTUAL courses available under section 21f. (14) As used in subsections (12) and (13), “vendor type” means the following: (a) Online VIRTUAL courses provided by the Michigan Virtual University. (b) Online VIRTUAL courses provided by a school of excellence that is a cyber school, as defined in section 551 of the revised school code, MCL 380.551. (c) Online VIRTUAL courses provided by third party vendors not affiliated with a Michigan public school. (d) Online VIRTUAL courses created and offered by a district or intermediate district. (15) An allocation to a district or another entity under this article is contingent upon the district’s or entity’s compliance with this section. 1010 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Sec. 19. (1) A district or intermediate district shall comply with all applicable reporting requirements specified in state and federal law. Data provided to the center, in a form and manner prescribed by the center, shall be aggregated and disaggregated as required by state and federal law. In addition, a district or intermediate district shall cooperate with all measures taken by the center to establish and maintain a statewide P‑20 longitudinal data system. (2) Each district shall furnish to the center not later than 5 weeks after the pupil membership count day and by June 30 of the school fiscal year ending in the fiscal year, in a manner prescribed by the center, the information necessary for the preparation of the district and high school graduation report. This information shall meet requirements established in the pupil auditing manual approved and published by the department. The center shall calculate an annual graduation and pupil dropout rate for each high school, each district, and this state, in compliance with nationally recognized standards for these calculations. The center shall report all graduation and dropout rates to the senate and house education committees and appropriations committees, the state budget director, and the department not later than 30 days after the publication of the list described in subsection (6). (3) By the first business day in December and by June 30 of each year, a district shall furnish to the center, in a manner prescribed by the center, information related to educational personnel as necessary for reporting required by state and federal law. (4) By June 30 of each year, a district shall furnish to the center, in a manner prescribed by the center, information related to safety practices and criminal incidents as necessary for reporting required by state and federal law. (5) If a district or intermediate district fails to meet the requirements of this section, the department shall withhold 5% of the total funds for which the district or intermediate district qualifies under this article until the district or intermediate district complies with all of those subsections. If the district or intermediate district does not comply with all of those subsections by the end of the fiscal year, the department shall place the amount withheld in an escrow account until the district or intermediate district complies with all of those subsections. (6) Before publishing a list of school or district accountability designations as required by the no child left behind act of 2001, Public Law 107‑110, OR THE EVERY STUDENT SUCCEEDS ACT, PUBLIC LAW 114‑95, the department shall allow a school or district to appeal that determination. The department shall consider and act upon the appeal within 30 days after it is submitted and shall not publish the list until after all appeals have been considered and decided. (7) It is the intent of the legislature to implement not later than BEGINNING IN 2016‑2017, THE DEPARTMENT SHALL IMPLEMENT statewide standard reporting requirements for education data approved by the department in conjunction with the center. The department shall work with the center, intermediate districts, districts, and other interested stakeholders to develop recommendations on the implementation of IMPLEMENT this policy change. A district or intermediate district shall implement the statewide standard reporting requirements not later than 2014‑2015 2017‑2018 or when a district or intermediate district updates its education data reporting system, whichever is later. Sec. 20. (1) For 2015‑2016, 2016‑2017, both of the following apply: (a) The basic foundation allowance is $8,169.00.$8,229.00. (b) The minimum foundation allowance is $7,391.00.$7,511.00. (2) The amount of each district’s foundation allowance shall be calculated as provided in this section, using a basic foundation allowance in the amount specified in subsection (1). (3) Except as otherwise provided in this section, the amount of a district’s foundation allowance shall be calculated as follows, using in all calculations the total amount of the district’s foundation allowance as calculated before any proration: (a) Except as otherwise provided in this subdivision, for a district that had a foundation allowance for the immediately preceding state fiscal year that was AT LEAST equal to the minimum foundation allowance for the immediately preceding state fiscal year, but less than the basic foundation allowance for the immediately preceding state fiscal year, the district shall receive a foundation allowance in an amount equal to the sum of the district’s foundation allowance for the immediately preceding state fiscal year plus the difference between twice the dollar amount of the adjustment from the immediately preceding state fiscal year to the current state fiscal year made in the basic foundation allowance and [(the difference between the basic foundation allowance for the current state fiscal year and basic foundation allowance for the immediately preceding state fiscal year minus $23.00) $20.00) times (the difference between the district’s foundation allowance for the immediately preceding state fiscal year and the minimum foundation allowance for the immediately preceding state fiscal year) divided by the difference between the basic foundation allowance for the current state fiscal year and the minimum foundation allowance for the immediately preceding state fiscal year]. However, the foundation allowance for a district that had less than the basic foundation allowance for the immediately preceding state fiscal year shall not exceed the basic foundation allowance for the current state fiscal year. For the purposes of this subdivision, for 2015‑2016, the minimum foundation allowance for the immediately preceding state fiscal year shall be considered to be $7,251.00. (b) Except as otherwise provided in this subsection, for a district that in the immediately preceding state fiscal year had a foundation allowance in an amount equal to the amount of the basic foundation allowance for the immediately preceding state fiscal year, the district shall receive a foundation allowance for 2015‑2016 2016‑2017 in an amount equal to the basic foundation allowance for 2015‑2016.2016‑2017. (c) For a district that had a foundation allowance for the immediately preceding state fiscal year that was greater than the basic foundation allowance for the immediately preceding state fiscal year, the district’s foundation allowance is an amount equal to the sum of the district’s foundation allowance for the immediately preceding state fiscal year plus the lesser of the increase in No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1011 the basic foundation allowance for the current state fiscal year, as compared to the immediately preceding state fiscal year, or the product of the district’s foundation allowance for the immediately preceding state fiscal year times the percentage increase in the United States consumer price index in the calendar year ending in the immediately preceding fiscal year as reported by the May revenue estimating conference conducted under section 367b of the management and budget act, 1984 PA 431, MCL 18.1367b. (d) For a district that has a foundation allowance that is not a whole dollar amount, the district’s foundation allowance shall be rounded up to the nearest whole dollar. (e) For a district that received a payment under section 22c as that section was in effect for 2014‑2015, the district’s 2014‑2015 foundation allowance shall be considered to have been an amount equal to the sum of the district’s actual 2014‑2015 foundation allowance as otherwise calculated under this section plus the per‑pupil amount of the district’s equity payment for 2014‑2015 under section 22c as that section was in effect for 2014‑2015. (4) Except as otherwise provided in this subsection, the state portion of a district’s foundation allowance is an amount equal to the district’s foundation allowance or the basic foundation allowance for the current state fiscal year, whichever is less, minus the local portion of the district’s foundation allowance divided by the district’s membership excluding special education pupils. For a district described in subsection (3)(c), the state portion of the district’s foundation allowance is an amount equal to $6,962.00 plus the difference between the district’s foundation allowance for the current state fiscal year and the district’s foundation allowance for 1998‑99, minus the local portion of the district’s foundation allowance divided by the district’s membership excluding special education pupils. For a district that has a millage reduction required under section 31 of article IX of the state constitution of 1963, the state portion of the district’s foundation allowance shall be calculated as if that reduction did not occur. For a receiving district, if school operating taxes continue to be levied on behalf of a dissolved district that has been attached in whole or in part to the receiving district to satisfy debt obligations of the dissolved district under section 12 of the revised school code, MCL 380.12, the taxable value per membership pupil of property in the receiving district used for the purposes of this subsection does not include the taxable value of property within the geographic area of the dissolved district. FOR A COMMUNITY DISTRICT, IF SCHOOL OPERATING TAXES CONTINUE TO BE LEVIED BY A QUALIFYING SCHOOL DISTRICT UNDER SECTION 12B OF THE REVISED SCHOOL CODE, MCL 380.12B, WITH THE SAME GEOGRAPHIC AREA AS THE COMMUNITY DISTRICT, THE TAXABLE VALUE PER MEMBERSHIP PUPIL OF PROPERTY IN THE COMMUNITY DISTRICT TO BE USED FOR THE PURPOSES OF THIS SUBSECTION DOES NOT INCLUDE THE TAXABLE VALUE OF PROPERTY WITHIN THE GEOGRAPHIC AREA OF THE COMMUNITY DISTRICT. (5) The allocation calculated under this section for a pupil shall be based on the foundation allowance of the pupil’s district of residence. For a pupil enrolled pursuant to section 105 or 105c in a district other than the pupil’s district of residence, the allocation calculated under this section shall be based on the lesser of the foundation allowance of the pupil’s district of residence or the foundation allowance of the educating district. For a pupil in membership in a K‑5, K‑6, or K‑8 district who is enrolled in another district in a grade not offered by the pupil’s district of residence, the allocation calculated under this section shall be based on the foundation allowance of the educating district if the educating district’s foundation allowance is greater than the foundation allowance of the pupil’s district of residence. THE CALCULATION UNDER THIS SUBSECTION SHALL TAKE INTO ACCOUNT A DISTRICT’S PER‑PUPIL ALLOCATION UNDER SECTION 20M. (6) Except as otherwise provided in this subsection, for pupils in membership, other than special education pupils, in a public school academy, the allocation calculated under this section is an amount per membership pupil other than special education pupils in the public school academy equal to the foundation allowance of the district in which the public school academy is located or the state maximum public school academy allocation, whichever is less. For pupils in membership, other than special education pupils, in a public school academy that is a cyber school and is authorized by a school district, the allocation calculated under this section is an amount per membership pupil other than special education pupils in the public school academy equal to the foundation allowance of the district that authorized the public school academy or the state maximum public school academy allocation, whichever is less. However, a public school academy that had an allocation under this subsection before 2009‑2010 that was equal to the sum of the local school operating revenue per membership pupil other than special education pupils for the district in which the public school academy is located and the state portion of that district’s foundation allowance shall not have that allocation reduced as a result of the 2010 amendment to this subsection. Notwithstanding section 101, for a public school academy that begins operations after the pupil membership count day, the amount per membership pupil calculated under this subsection shall be adjusted by multiplying that amount per membership pupil by the number of hours of pupil instruction provided by the public school academy after it begins operations, as determined by the department, divided by the minimum number of hours of pupil instruction required under section 101(3). The result of this calculation shall not exceed the amount per membership pupil otherwise calculated under this subsection. (7) Except as otherwise provided in this subsection, for pupils attending an achievement school and in membership in the education achievement system, other than special education pupils, the allocation calculated under this section is an amount per membership pupil other than special education pupils equal to the foundation allowance of the district in which the achievement school is located, not to exceed the basic foundation allowance. Notwithstanding section 101, for an achievement school that begins operation after the pupil membership count day, the amount per membership pupil calculated under this subsection shall be adjusted by multiplying that amount per membership pupil by the number of hours of pupil instruction provided by 1012 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 the achievement school after it begins operations, as determined by the department, divided by the minimum number of hours of pupil instruction required under section 101(3). The result of this calculation shall not exceed the amount per membership pupil otherwise calculated under this subsection. For the purposes of this subsection, if a public school is transferred from a district to the state school reform/redesign district or the achievement authority under section 1280c of the revised school code, MCL 380.1280c, that public school is considered to be an achievement school within the education achievement system and not a school that is part of a district, and a pupil attending that public school is considered to be in membership in the education achievement system and not in membership in the district that operated the school before the transfer. (8) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, FOR PUPILS IN MEMBERSHIP, OTHER THAN SPECIAL EDUCATION PUPILS, IN A COMMUNITY DISTRICT, THE ALLOCATION CALCULATED UNDER THIS SECTION IS AN AMOUNT PER MEMBERSHIP PUPIL OTHER THAN SPECIAL EDUCATION PUPILS IN THE COMMUNITY DISTRICT EQUAL TO THE FOUNDATION ALLOWANCE OF THE QUALIFYING SCHOOL DISTRICT, AS DESCRIBED IN SECTION 12B OF THE REVISED SCHOOL CODE, MCL 380.12B, THAT IS LOCATED WITHIN THE SAME GEOGRAPHIC AREA AS THE COMMUNITY DISTRICT. (9) (8) Subject to subsection (4), for a district that is formed or reconfigured after June 1, 2002 by consolidation of 2 or more districts or by annexation, the resulting district’s foundation allowance under this section beginning after the effective date of the consolidation or annexation shall be the lesser of the sum of the average of the foundation allowances of each of the original or affected districts, calculated as provided in this section, weighted as to the percentage of pupils in total membership in the resulting district who reside in the geographic area of each of the original or affected districts plus $100.00 or the highest foundation allowance among the original or affected districts. This subsection does not apply to a receiving district unless there is a subsequent consolidation or annexation that affects the district. THE CALCULATION UNDER THIS SUBSECTION SHALL TAKE INTO ACCOUNT A DISTRICT’S PER‑PUPIL ALLOCATION UNDER SECTION 20M. (10) (9) Each fraction used in making calculations under this section shall be rounded to the fourth decimal place and the dollar amount of an increase in the basic foundation allowance shall be rounded to the nearest whole dollar. (11) (10) State payments related to payment of the foundation allowance for a special education pupil are not calculated under this section but are instead calculated under section 51a. (12) (11) To assist the legislature in determining the basic foundation allowance for the subsequent state fiscal year, each revenue estimating conference conducted under section 367b of the management and budget act, 1984 PA 431, MCL 18.1367b, shall calculate a pupil membership factor, a revenue adjustment factor, and an index as follows: (a) The pupil membership factor shall be computed by dividing the estimated membership in the school year ending in the current state fiscal year, excluding intermediate district membership, by the estimated membership for the school year ending in the subsequent state fiscal year, excluding intermediate district membership. If a consensus membership factor is not determined at the revenue estimating conference, the principals of the revenue estimating conference shall report their estimates to the house and senate subcommittees responsible for school aid appropriations not later than 7 days after the conclusion of the revenue conference. (b) The revenue adjustment factor shall be computed by dividing the sum of the estimated total state school aid fund revenue for the subsequent state fiscal year plus the estimated total state school aid fund revenue for the current state fiscal year, adjusted for any change in the rate or base of a tax the proceeds of which are deposited in that fund and excluding money transferred into that fund from the countercyclical budget and economic stabilization fund under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, by the sum of the estimated total school aid fund revenue for the current state fiscal year plus the estimated total state school aid fund revenue for the immediately preceding state fiscal year, adjusted for any change in the rate or base of a tax the proceeds of which are deposited in that fund. If a consensus revenue factor is not determined at the revenue estimating conference, the principals of the revenue estimating conference shall report their estimates to the house and senate subcommittees responsible for school aid appropriations not later than 7 days after the conclusion of the revenue conference. (c) The index shall be calculated by multiplying the pupil membership factor by the revenue adjustment factor. If a consensus index is not determined at the revenue estimating conference, the principals of the revenue estimating conference shall report their estimates to the house and senate subcommittees responsible for school aid appropriations not later than 7 days after the conclusion of the revenue conference. (13) (12) Payments to districts, public school academies, or the education achievement system shall not be made under this section. Rather, the calculations under this section shall be used to determine the amount of state payments under section 22b. (14) (13) If an amendment to section 2 of article VIII of the state constitution of 1963 allowing state aid to some or all nonpublic schools is approved by the voters of this state, each foundation allowance or per‑pupil payment calculation under this section may be reduced. (15) (14) As used in this section: (a) “Certified mills” means the lesser of 18 mills or the number of mills of school operating taxes levied by the district in 1993‑94. (b) “Combined state and local revenue” means the aggregate of the district’s state school aid received by or paid on behalf of the district under this section and the district’s local school operating revenue. (c) “Combined state and local revenue per membership pupil” means the district’s combined state and local revenue divided by the district’s membership excluding special education pupils. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1013 (d) “Current state fiscal year” means the state fiscal year for which a particular calculation is made. (e) “Dissolved district” means a district that loses its organization, has its territory attached to 1 or more other districts, and is dissolved as provided under section 12 of the revised school code, MCL 380.12. (f) “Immediately preceding state fiscal year” means the state fiscal year immediately preceding the current state fiscal year. (g) “Local portion of the district’s foundation allowance” means an amount that is equal to the difference between (the sum of the product of the taxable value per membership pupil of all property in the district that is nonexempt property times the district’s certified mills and, for a district with certified mills exceeding 12, the product of the taxable value per membership pupil of property in the district that is commercial personal property times the certified mills minus 12 mills) and (the quotient of the product of the captured assessed valuation under tax increment financing acts times the district’s certified mills divided by the district’s membership excluding special education pupils). (h) “Local school operating revenue” means school operating taxes levied under section 1211 of the revised school code, MCL 380.1211. For a receiving district, if school operating taxes are to be levied on behalf of a dissolved district that has been attached in whole or in part to the receiving district to satisfy debt obligations of the dissolved district under section 12 of the revised school code, MCL 380.12, local school operating revenue does not include school operating taxes levied within the geographic area of the dissolved district. (i) “Local school operating revenue per membership pupil” means a district’s local school operating revenue divided by the district’s membership excluding special education pupils. (j) “Maximum public school academy allocation”, except as otherwise provided in this subdivision, means the maximum per‑pupil allocation as calculated by adding the highest per‑pupil allocation among all public school academies for the immediately preceding state fiscal year plus the difference between twice the amount of the difference between the basic foundation allowance for the current state fiscal year and the basic foundation allowance for the immediately preceding state fiscal year and [(the amount of the difference between the basic foundation allowance for the current state fiscal year and the basic foundation allowance for the immediately preceding state fiscal year minus $23.00) $20.00) times (the difference between the highest per‑pupil allocation among all public school academies for the immediately preceding state fiscal year and the minimum foundation allowance for the immediately preceding state fiscal year) divided by the difference between the basic foundation allowance for the current state fiscal year and the minimum foundation allowance for the immediately preceding state fiscal year]. For the purposes of this subdivision, for 2015‑2016, 2016‑2017, the maximum public school academy allocation is $7,391.00.$7,511.00. (k) “Membership” means the definition of that term under section 6 as in effect for the particular fiscal year for which a particular calculation is made. (l) “Nonexempt property” means property that is not a principal residence, qualified agricultural property, qualified forest property, supportive housing property, industrial personal property, commercial personal property, or property occupied by a public school academy. (m) “Principal residence”, “qualified agricultural property”, “qualified forest property”, “supportive housing property”, “industrial personal property”, and “commercial personal property” mean those terms as defined in section 1211 of the revised school code, MCL 380.1211. (n) “Receiving district” means a district to which all or part of the territory of a dissolved district is attached under section 12 of the revised school code, MCL 380.12. (o) “School operating purposes” means the purposes included in the operation costs of the district as prescribed in sections 7 and 18 and purposes authorized under section 1211 of the revised school code, MCL 380.1211. (p) “School operating taxes” means local ad valorem property taxes levied under section 1211 of the revised school code, MCL 380.1211, and retained for school operating purposes. (q) “Tax increment financing acts” means 1975 PA 197, MCL 125.1651 to 125.1681, the tax increment finance authority act, 1980 PA 450, MCL 125.1801 to 125.1830, the local development financing act, 1986 PA 281, MCL 125.2151 to 125.2174, the brownfield redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2672, or the corridor improvement authority act, 2005 PA 280, MCL 125.2871 to 125.2899. (r) “Taxable value per membership pupil” means taxable value, as certified by the county treasurer and reported to the department, for the calendar year ending in the current state fiscal year divided by the district’s membership excluding special education pupils for the school year ending in the current state fiscal year. Sec. 20d. In making the final determination required under former section 20a of a district’s combined state and local revenue per membership pupil in 1993‑94 and in making calculations under section 20 for 2015‑2016, 2016‑2017, the department and the department of treasury shall comply with all of the following: (a) For a district that had combined state and local revenue per membership pupil in the 1994‑95 state fiscal year of $6,500.00 or more and served as a fiscal agent for a state board designated area vocational education center in the 1993‑94 school year, total state school aid received by or paid on behalf of the district pursuant to this act in 1993‑94 shall exclude payments made under former section 146 and under section 147 on behalf of the district’s employees who provided direct services to the area vocational education center. Not later than June 30, 1996, the department shall make an adjustment under this subdivision to the district’s combined state and local revenue per membership pupil in the 1994‑95 state fiscal year and the department of treasury shall make a final certification of the number of mills that may be levied by the district under section 1211 of the revised school code, MCL 380.1211, as a result of the adjustment under this subdivision. 1014 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (b) If a district had an adjustment made to its 1993‑94 total state school aid that excluded payments made under former section 146 and under section 147 on behalf of the district’s employees who provided direct services for intermediate district center programs operated by the district under article 5, if nonresident pupils attending the center programs were included in the district’s membership for purposes of calculating the combined state and local revenue per membership pupil for 1993‑94, and if there is a signed agreement by all constituent districts of the intermediate district that an adjustment under this subdivision shall be made, the foundation allowances for 1995‑96 and 1996‑97 of all districts that had pupils attending the intermediate district center program operated by the district that had the adjustment shall be calculated as if their combined state and local revenue per membership pupil for 1993‑94 included resident pupils attending the center program and excluded nonresident pupils attending the center program. Sec. 20f. (1) From the funds appropriated in section 11, there is allocated an amount not to exceed $18,000,000.00 for 2015‑2016 2016‑2017 for payments to eligible districts under this section. (2) The funding under this subsection is from the allocation under subsection (1). A district is eligible for funding under this subsection if the district received a payment under this section as it was in effect for 2013‑2014. A district was eligible for funding in 2013‑2014 if the sum of the following was less than $5.00: (a) The increase in the district’s foundation allowance or per‑pupil payment as calculated under section 20 from 2012‑2013 to 2013‑2014. (b) The district’s equity payment per membership pupil under section 22c for 2013‑2014. (c) The quotient of the district’s allocation under section 147a for 2012‑2013 divided by the district’s membership pupils for 2012‑2013 minus the quotient of the district’s allocation under section 147a for 2013‑2014 divided by the district’s membership pupils for 2013‑2014. (3) The amount allocated to each eligible district under subsection (2) is an amount per membership pupil equal to the amount per membership pupil the district received under this section in 2013‑2014. (4) The funding under this subsection is from the allocation under subsection (1). A district is eligible for funding under this subsection for 2015‑2016 2016‑2017 if the sum of the following is less than $25.00: (a) The increase in the district’s foundation allowance or per‑pupil payment as calculated under section 20 from 2014‑2015 to 2015‑2016. (b) The decrease in the district’s best practices per‑pupil funding under section 22f from 2014‑2015 to 2015‑2016. (c) The decrease in the district’s pupil performance per‑pupil funding under section 22j from 2014‑2015 to 2015‑2016. (d) The quotient of the district’s allocation under section 31a for 2015‑2016 divided by the district’s membership pupils for 2015‑2016 minus the quotient of the district’s allocation under section 31a for 2014‑2015 divided by the district’s membership pupils for 2014‑2015. (5) The amount allocated to each eligible district under subsection (4) is an amount per membership pupil equal to $25.00 minus the sum of the following: (a) The increase in the district’s foundation allowance or per‑pupil payment as calculated under section 20 from 2014‑2015 to 2015‑2016. (b) The decrease in the district’s best practices per‑pupil funding under section 22f from 2014‑2015 to 2015‑2016. (c) The decrease in the district’s pupil performance per‑pupil funding under section 22j from 2014‑2015 to 2015‑2016. (d) The quotient of the district’s allocation under section 31a for 2015‑2016 divided by the district’s membership pupils for 2015‑2016 minus the quotient of the district’s allocation under section 31a for 2014‑2015 divided by the district’s membership pupils for 2014‑2015. (6) If the allocation under subsection (1) is insufficient to fully fund payments under subsections (3) and (5) as otherwise calculated under this section, the department shall prorate payments under this section on an equal per‑pupil basis. Sec. 20g. (1) From the money appropriated under section 11, there is allocated an amount not to exceed $2,200,000.00 for 2015‑2016 $1,200,000.00 EACH FISCAL YEAR FOR 2015‑2016 AND FOR 2016‑2017 for grants to eligible districts that first received payments under this section in 2013‑2014 for transition costs related to the enrollment of pupils who were previously enrolled in a district that was dissolved under section 12 of the revised school code, MCL 380.12, allocated as provided under subsection (3). Payments under this section shall continue for a total of 4 fiscal years following the dissolution of a district, after which the payments shall cease. (2) A receiving school district, as that term is defined in section 12 of the revised school code, MCL 380.12, is an eligible district under this section. (3) The amount allocated to each eligible district under this section is an amount equal to the product of the number of membership pupils enrolled in the eligible district who were previously enrolled in the dissolved school district in the school year immediately preceding the dissolution, or who reside in the geographic area of the dissolved school district and are entering kindergarten, times 10.0% of the lesser of the foundation allowance of the eligible district as calculated under section 20 or the basic foundation allowance under section 20(1). (4) IT IS THE INTENT OF THE LEGISLATURE THAT AN AMOUNT NOT TO EXCEED $660,000.00 BE LAPSED FROM THE $2,500,000.00 THAT WAS AVAILABLE FOR A QUALIFYING INTERMEDIATE DISTRICT UNDER THIS SECTION AS IT WAS IN EFFECT FOR THE 2013‑2014 FISCAL YEAR. IN ADDITION TO THE MONEY ALLOCATED UNDER SUBSECTION (1), FROM THE FUNDS APPROPRIATED IN SECTION 11, THERE IS No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1015 ALLOCATED FOR 2016‑2017 AN AMOUNT NOT TO EXCEED $660,000.00 TO A QUALIFYING INTERMEDIATE DISTRICT FOR PAYING OUTSTANDING DEBT OF A DISSOLVED SCHOOL DISTRICT. FOR PURPOSES OF THIS SUBSECTION, AN INTERMEDIATE DISTRICT IS A QUALIFYING INTERMEDIATE DISTRICT IF IT IS REQUIRED TO PERFORM THE FUNCTIONS AND SATISFY THE RESPONSIBILITIES OF A DISSOLVED SCHOOL DISTRICT UNDER SECTION 12(3) OF THE REVISED SCHOOL CODE, MCL 380.12, IF THE AUTHORIZATION FOR THAT DISSOLVED SCHOOL DISTRICT TO LEVY MILLS FOR SCHOOL OPERATING PURPOSES UNDER SECTION 1211 OF THE REVISED SCHOOL CODE, MCL 380.1211, WAS NOT RENEWED AFTER THE SCHOOL DISTRICT WAS DISSOLVED, AND IF THE INTERMEDIATE DISTRICT IS LOCATED IN A COUNTY WITH A POPULATION OF LESS THAN 250,000. (5) (4) As used in this section, “dissolved school district” means a school district that has been declared dissolved under section 12 of the revised school code, 1976 PA 451, MCL 380.12. SEC. 20M. (1) FOUNDATION ALLOWANCE SUPPLEMENTAL PAYMENTS FOR 2016‑2017 TO DISTRICTS THAT IN THE 2015‑2016 FISCAL YEAR HAD A FOUNDATION ALLOWANCE GREATER THAN $8,169.00 SHALL BE CALCULATED UNDER THIS SECTION. (2) THE PER‑PUPIL ALLOCATION TO EACH DISTRICT UNDER THIS SECTION SHALL BE THE DIFFERENCE BETWEEN THE DOLLAR AMOUNT OF THE ADJUSTMENT FROM THE IMMEDIATELY PRECEDING STATE FISCAL YEAR TO THE CURRENT STATE FISCAL YEAR IN THE BASIC FOUNDATION ALLOWANCE MINUS THE DOLLAR AMOUNT OF THE ADJUSTMENT FROM THE IMMEDIATELY PRECEDING FISCAL YEAR TO THE CURRENT STATE FISCAL YEAR IN A QUALIFYING DISTRICT’S FOUNDATION ALLOWANCE. (3) IF A DISTRICT’S LOCAL REVENUE PER PUPIL DOES NOT EXCEED THE SUM OF ITS FOUNDATION ALLOWANCE UNDER SECTION 20 PLUS THE PER‑PUPIL ALLOCATION UNDER SUBSECTION (2), THE TOTAL PAYMENT TO THE DISTRICT CALCULATED UNDER THIS SECTION SHALL BE THE PRODUCT OF THE PER‑PUPIL ALLOCATION UNDER SUBSECTION (2) MULTIPLIED BY THE DISTRICT’S MEMBERSHIP EXCLUDING SPECIAL EDUCATION PUPILS. IF A DISTRICT’S LOCAL REVENUE PER PUPIL EXCEEDS THE FOUNDATION ALLOWANCE UNDER SECTION 20 BUT DOES NOT EXCEED THE SUM OF THE FOUNDATION ALLOWANCE UNDER SECTION 20 PLUS THE PER‑PUPIL ALLOCATION UNDER SUBSECTION (2), THE TOTAL PAYMENT TO THE DISTRICT CALCULATED UNDER THIS SECTION SHALL BE THE PRODUCT OF THE DIFFERENCE BETWEEN THE SUM OF THE FOUNDATION ALLOWANCE UNDER SECTION 20 PLUS THE PER‑PUPIL ALLOCATION UNDER SUBSECTION (2) MINUS THE LOCAL REVENUE PER PUPIL MULTIPLIED BY THE DISTRICT’S MEMBERSHIP EXCLUDING SPECIAL EDUCATION PUPILS. IF A DISTRICT’S LOCAL REVENUE PER PUPIL EXCEEDS THE SUM OF THE FOUNDATION ALLOWANCE UNDER SECTION 20 PLUS THE PER‑PUPIL ALLOCATION UNDER SUBSECTION (2), THERE IS NO PAYMENT CALCULATED UNDER THIS SECTION FOR THE DISTRICT. (4) PAYMENTS TO DISTRICTS SHALL NOT BE MADE UNDER THIS SECTION. RATHER, THE CALCULATIONS UNDER THIS SECTION SHALL BE MADE AND USED TO DETERMINE THE AMOUNT OF STATE PAYMENTS UNDER SECTION 22B. SEC. 21. (1) FROM THE APPROPRIATION IN SECTION 11, THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $5,000,000.00 FOR 2016‑2017 TO MAKE SUPPLEMENTAL PAYMENTS TO ELIGIBLE DISTRICTS THAT ARE IDENTIFIED UNDER SECTION 1280C OF THE REVISED SCHOOL CODE, MCL 380.1280C, AS BEING AMONG THE LOWEST ACHIEVING 5% OF ALL PUBLIC SCHOOLS IN THIS STATE. (2) A DISTRICT IS ELIGIBLE TO RECEIVE THE SUPPLEMENTAL PAYMENTS CALCULATED UNDER THIS SECTION FOR 3 CONSECUTIVE FISCAL YEARS IF ALL OF THE FOLLOWING CONDITIONS ARE MET: (A) THE STATE SCHOOL REFORM/REDESIGN OFFICER HAS APPOINTED A CHIEF EXECUTIVE OFFICER TO TAKE CONTROL OF 1 OR MORE PUBLIC SCHOOLS IN THE DISTRICT, AS PROVIDED FOR IN SECTION 1280C(7) OF THE REVISED SCHOOL CODE, MCL 380.1280C, AND THERE IS AT LEAST 1 HIGH SCHOOL OPERATED BY THE DISTRICT. (B) AS DETERMINED BY THE SCHOOL REFORM OFFICE, AN INTERVENTION AGREEMENT MEETING AT LEAST THE FOLLOWING CRITERIA HAS BEEN EXECUTED BY THE STATE SCHOOL REFORM/ REDESIGN OFFICER AND THE DISTRICT. THE INTERVENTION AGREEMENT SHALL INCLUDE, BUT IS NOT LIMITED TO: (i) THE RIGHTS AND RESPONSIBILITIES OF THE CHIEF EXECUTIVE OFFICER. HOWEVER, THE INTERVENTION AGREEMENT SHALL NOT MITIGATE THE AUTHORITY OF THE CHIEF EXECUTIVE OFFICER PRESCRIBED IN APPLICABLE STATUTE INCLUDING FINANCIAL AND EMPLOYMENT AUTHORITY. (ii) THE ALLOCATION OF SUPPLEMENTAL PAYMENTS UNDER THIS SECTION. (iii) THE COMPENSATION FOR THE CHIEF EXECUTIVE OFFICER. (iv) THE ROLE OF THE DISTRICT’S BOARD AND OFFICERS DURING THE INTERVENTION TERM. (v) TERMINATION AND RENEWAL RIGHTS OF THE SCHOOL REFORM OFFICE. (vi) LIABILITY PROVISIONS FOR THE CHIEF EXECUTIVE OFFICER. 1016 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (vii) A DISPUTE RESOLUTION PROCESS. (viii) THE LENGTH OF THE TERM OF THE AGREEMENT. (ix) OTHER PROVISIONS AS DETERMINED BY THE SCHOOL REFORM OFFICE FOR SUCCESSFUL IMPLEMENTATION OF THE CHIEF EXECUTIVE OFFICER INTERVENTION. (C) THE DISTRICT HAS NOT ENTERED INTO AND IS NOT CURRENTLY OPERATING UNDER A LOCAL GOVERNMENT OPTION UNDER THE LOCAL FINANCIAL STABILITY AND CHOICE ACT, 2012 PA 436, MCL 141.1541 TO 141.1575, OR A SUCCESSOR ACT. (3) THE STATE SCHOOL REFORM/REDESIGN OFFICER, AT LEAST ANNUALLY, SHALL APPEAR IN PERSON BEFORE THE HOUSE AND SENATE APPROPRIATIONS SUBCOMMITTEES RESPONSIBLE FOR SCHOOL AID TO PROVIDE AN UPDATE ON THE YEARLY PROGRESS OF SCHOOLS UNDER THE CONTROL OF A CHIEF EXECUTIVE OFFICER. IN ADDITION, THE STATE SCHOOL REFORM/REDESIGN OFFICER SHALL PROVIDE A QUARTERLY REPORT CONCERNING THE CHIEF EXECUTIVE OFFICER’S USE OF FUNDS TO INCREASE PUPIL ACHIEVEMENT. (4) THE SUPPLEMENTAL PAYMENT PROVIDED TO A DISTRICT UNDER THIS SECTION SHALL BE CALCULATED BY MULTIPLYING THE DISTRICT’S FOUNDATION ALLOWANCE BY 20% OF THE HIGH SCHOOL’S MEMBERSHIP FOR THE PRIOR FISCAL YEAR. THE SAME DOLLAR AMOUNT SHALL CONTINUE TO BE AVAILABLE TO THE DISTRICT FOR A MAXIMUM OF 3 YEARS, SUBJECT TO THE CONDITIONS SPECIFIED IN SUBSECTION (2). (5) FROM THE ALLOCATION IN SUBSECTION (1), IN ADDITION TO THE SUPPLEMENTAL PAYMENTS CALCULATED UNDER SUBSECTION (4), THERE IS ALLOCATED AN AMOUNT SUFFICIENT TO PAY FOR THE APPOINTMENT OF CHIEF EXECUTIVE OFFICERS BY THE STATE SCHOOL REFORM/REDESIGN OFFICER, AS PROVIDED FOR IN SECTION 1280C(7) OF THE REVISED SCHOOL CODE, MCL 380.1280C. (6) FOR THE PURPOSES OF THIS SECTION, A HIGH SCHOOL IS A SCHOOL THAT OPERATES EXCLUSIVELY ALL OF GRADES 9 TO 12. Sec. 21f. (1) A pupil enrolled in a district in any of grades 6 to 12 is eligible to enroll in an online course as provided for in this section. A PRIMARY DISTRICT SHALL ENROLL AN ELIGIBLE PUPIL IN VIRTUAL COURSES IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION. A PRIMARY DISTRICT SHALL NOT OFFER A VIRTUAL COURSE TO AN ELIGIBLE PUPIL UNLESS THE VIRTUAL COURSE IS PUBLISHED IN THE PRIMARY DISTRICT’S CATALOG OF BOARD‑APPROVED COURSES OR IN THE STATEWIDE CATALOG OF VIRTUAL COURSES MAINTAINED BY THE MICHIGAN VIRTUAL UNIVERSITY PURSUANT TO SECTION 98. THE PRIMARY DISTRICT SHALL ALSO PROVIDE ON ITS PUBLICLY ACCESSIBLE WEBSITE A LINK TO THE STATEWIDE CATALOG OF VIRTUAL COURSES MAINTAINED BY THE MICHIGAN VIRTUAL UNIVERSITY. UNLESS THE PUPIL IS AT LEAST AGE 18 OR IS AN EMANCIPATED MINOR, A PUPIL SHALL NOT BE ENROLLED IN A VIRTUAL COURSE WITHOUT THE CONSENT OF THE PUPIL’S PARENT OR LEGAL GUARDIAN. (2) With the consent of the pupil’s parent or legal guardian, a SUBJECT TO SUBSECTION (3), A PRIMARY district shall enroll an eligible pupil in up to 2 online VIRTUAL courses as requested by the pupil during an academic term, semester, or trimester. Unless the pupil is newly enrolled in the pupil’s primary district, the request for online course enrollment must be made in the academic term, semester, trimester, or summer preceding the enrollment. A district may not establish additional requirements that would prohibit a pupil from taking an online course. If a pupil has demonstrated previous success with online courses and the school leadership and the pupil’s parent or legal guardian determine that it is in the best interest of the pupil, a pupil may be enrolled in more than 2 online courses in a specific academic term, semester, or trimester. Consent of the pupil’s parent or legal guardian is not required if the pupil is at least age 18 or is an emancipated minor. (3) An eligible pupil may enroll in an online course published in the pupil’s primary district’s catalog of online courses described in subsection (7)(a) or the statewide catalog of online courses maintained by the Michigan Virtual University pursuant to section 98. (3) A PUPIL MAY BE ENROLLED IN MORE THAN 2 VIRTUAL COURSES IN A SPECIFIC ACADEMIC TERM, SEMESTER, OR TRIMESTER IF ALL OF THE FOLLOWING CONDITIONS ARE MET: (A) THE PRIMARY DISTRICT HAS DETERMINED THAT IT IS IN THE BEST INTEREST OF THE PUPIL. (B) THE PUPIL AGREES WITH THE RECOMMENDATION OF THE PRIMARY DISTRICT. (C) THE PRIMARY DISTRICT, IN COLLABORATION WITH THE PUPIL, HAS DEVELOPED AN EDUCATION DEVELOPMENT PLAN, IN A FORM AND MANNER SPECIFIED BY THE DEPARTMENT, THAT IS KEPT ON FILE BY THE DISTRICT. (4) A providing district or community college shall determine whether or not it has capacity to accept applications for enrollment from nonresident applicants in online courses and may use that limit as the reason for refusal to enroll an applicant. If the number of nonresident applicants eligible for acceptance in an online A VIRTUAL course does not exceed the capacity of the providing district or community college PROVIDER to provide the online VIRTUAL course, the providing district or community college PROVIDER shall accept for enrollment all of the nonresident applicants eligible for acceptance. If No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1017 the number of nonresident applicants exceeds the providing district’s or community college’s PROVIDER’S capacity to provide the online VIRTUAL course, the providing district or community college PROVIDER shall use a random draw system, subject to the need to abide by state and federal antidiscrimination laws and court orders. A PRIMARY DISTRICT THAT IS ALSO A PROVIDER SHALL DETERMINE WHETHER OR NOT IT HAS THE CAPACITY TO ACCEPT APPLICATIONS FOR ENROLLMENT FROM NONRESIDENT APPLICANTS IN VIRTUAL COURSES AND MAY USE THAT LIMIT AS THE REASON FOR REFUSAL TO ENROLL A NONRESIDENT APPLICANT. (5) A PRIMARY DISTRICT MAY NOT ESTABLISH ADDITIONAL REQUIREMENTS BEYOND THOSE SPECIFIED IN THIS SUBSECTION THAT WOULD PROHIBIT A PUPIL FROM TAKING A VIRTUAL COURSE. A pupil’s primary district may deny the pupil enrollment in an online course if any of the following apply, as determined by the district: (A) THE PUPIL IS ENROLLED IN ANY OF GRADES K TO 5. (B) (a) The pupil has previously gained the credits THAT WOULD BE provided from the completion of the online VIRTUAL course. (C) (b) The online VIRTUAL course is not capable of generating academic credit. (D) (c) The online VIRTUAL course is inconsistent with the remaining graduation requirements or career interests of the pupil. (d) The pupil does not possess the prerequisite knowledge and skills to be successful in the online course or has demonstrated failure in previous online coursework in the same subject. (E) THE PUPIL HAS NOT COMPLETED THE PREREQUISITE COURSEWORK FOR THE REQUESTED VIRTUAL COURSE OR HAS NOT DEMONSTRATED PROFICIENCY IN THE PREREQUISITE COURSE CONTENT. (F) THE PUPIL HAS FAILED A PREVIOUS VIRTUAL COURSE IN THE SAME SUBJECT DURING THE 2 MOST RECENT ACADEMIC YEARS. (G) (e) The online VIRTUAL course is of insufficient quality or rigor. A PRIMARY district that denies a pupil enrollment REQUEST for this reason shall make a reasonable effort to assist the pupil to find an alternative course ENROLL THE PUPIL IN A VIRTUAL COURSE in the same or a similar subject that THE PRIMARY DISTRICT DETERMINES is of acceptable rigor and quality. (H) (f) The cost of the online VIRTUAL course exceeds the amount identified in subsection (10), (9), unless the PUPIL OR THE pupil’s parent or legal guardian agrees to pay the cost that exceeds this amount. (I) (g) The online course enrollment request does FOR A VIRTUAL COURSE ENROLLMENT DID not occur within the same timelines established by the primary district for enrollment and schedule changes for regular courses. (J) THE REQUEST FOR A VIRTUAL COURSE ENROLLMENT WAS NOT MADE IN THE ACADEMIC TERM, SEMESTER, TRIMESTER, OR SUMMER PRECEDING THE ENROLLMENT. THIS SUBDIVISION DOES NOT APPLY TO A REQUEST MADE BY A PUPIL WHO IS NEWLY ENROLLED IN THE PRIMARY DISTRICT. (6) If a pupil is denied enrollment in an online A VIRTUAL course by the pupil’s primary district, the PRIMARY DISTRICT SHALL PROVIDE WRITTEN NOTIFICATION TO THE PUPIL OF THE DENIAL, THE REASON OR REASONS FOR THE DENIAL PURSUANT TO SUBSECTION (5), AND A DESCRIPTION OF THE APPEAL PROCESS. THE pupil may appeal the denial by submitting a letter to the superintendent of the intermediate district in which the pupil’s primary district is located. The letter of appeal shall include the reason provided by the primary district for not enrolling the pupil and the reason why the pupil is claiming that the enrollment should be approved. The intermediate district superintendent or designee shall respond to the appeal within 5 days after it is received. If the intermediate district superintendent or designee determines that the denial of enrollment does not meet 1 or more of the reasons specified in subsection (5), the primary district shall allow ENROLL the pupil to enroll in the online VIRTUAL course. (7) To provide an online A VIRTUAL course TO AN ELIGIBLE PUPIL under this section, the providing district or intermediate district A PROVIDER shall do all of the following: (a) Provide the Michigan Virtual University with the course syllabus in a form and method prescribed by the Michigan Virtual University for inclusion in a statewide online course catalog. The district or intermediate district shall also provide on its publicly accessible website a link to the course syllabi for all of the online courses offered by the district or intermediate district and a link to the statewide catalog of online courses maintained by the Michigan Virtual University. ENSURE THAT THE VIRTUAL COURSE HAS BEEN PUBLISHED IN THE PUPIL’S PRIMARY DISTRICT’S CATALOG OF BOARD‑APPROVED COURSES OR PUBLISHED IN THE STATEWIDE CATALOG OF VIRTUAL COURSES MAINTAINED BY THE MICHIGAN VIRTUAL UNIVERSITY. (b) Assign to each pupil a teacher of record and provide the primary district with the personal PERSONNEL identification code ASSIGNED BY THE CENTER for the teacher of record. IF THE PROVIDER IS A COMMUNITY COLLEGE, THE VIRTUAL COURSE MUST BE TAUGHT BY AN INSTRUCTOR EMPLOYED BY OR CONTRACTED THROUGH THE PROVIDING COMMUNITY COLLEGE. (c) Offer the online VIRTUAL course on an open entry and exit method, or aligned to a semester, trimester, or accelerated academic term format. 1018 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (D) IF THE VIRTUAL COURSE IS OFFERED TO ELIGIBLE PUPILS IN MORE THAN 1 DISTRICT, THE FOLLOWING ADDITIONAL REQUIREMENTS MUST ALSO BE MET: (i) PROVIDE THE MICHIGAN VIRTUAL UNIVERSITY WITH A COURSE SYLLABUS THAT MEETS THE DEFINITION UNDER SUBSECTION (14)(G) IN A FORM AND MANNER PRESCRIBED BY THE MICHIGAN VIRTUAL UNIVERSITY FOR INCLUSION IN A STATEWIDE CATALOG OF VIRTUAL COURSES. (ii) (d) Not later than October 1 , 2015, OF EACH FISCAL YEAR, provide the Michigan Virtual University with the number of enrollments in each online AN AGGREGATED COUNT OF ENROLLMENTS FOR EACH VIRTUAL course the district or intermediate district provided PROVIDER DELIVERED to pupils pursuant to this section in DURING the immediately preceding school year, and the number of enrollments in which the pupil earned 60% or more of the total course points for each online VIRTUAL course. (8) To provide an online course under this section, a community college shall do all of the following: (a) Provide the Michigan Virtual University with the course syllabus in a form and method prescribed by the Michigan Virtual University for inclusion in a statewide online course catalog. (b) Offer the online course on an open entry and exit method, or aligned to a semester, trimester, or accelerated academic term format. (c) Ensure ENSURE that each online course it provides under this section generates postsecondary credit. (d) Beginning with October 1, 2016, and by October 1 of each year thereafter, provide the Michigan Virtual University with the number of enrollments in each online course the community college provided to pupils pursuant to this section in the immediately preceding school year, and the number of enrollments in which the pupil earned 60% or more of the total course points for each online course. (e) Be taught by an instructor employed by or contracted through the community college. (9) For any online VIRTUAL course a pupil enrolls in under this section, the pupil’s primary district must assign to the pupil a mentor to monitor the pupil’s progress during the online course and shall supply the providing district PROVIDER with the mentor’s contact information. (10) For a pupil enrolled in 1 or more online VIRTUAL courses, published in the pupil’s primary district’s catalog of online courses under subsection (7) or in the statewide catalog of online courses maintained by the Michigan Virtual University, the primary district shall use foundation allowance or per‑pupil funds calculated under section 20 to pay for the expenses associated with the online VIRTUAL course or courses. A PRIMARY district is not required to pay toward the cost of an online A VIRTUAL course an amount that exceeds 6.67% of the minimum foundation allowance for the current fiscal year as calculated under section 20. (11) An online A VIRTUAL learning pupil shall have the same rights and access to technology in his or her primary district’s school facilities as all other pupils enrolled in the pupil’s primary district. THE DEPARTMENT SHALL ESTABLISH STANDARDS FOR HARDWARE, SOFTWARE, AND INTERNET ACCESS FOR PUPILS WHO ARE ENROLLED IN MORE THAN 2 VIRTUAL COURSES IN AN ACADEMIC TERM, SEMESTER, OR TRIMESTER TAKEN AT A LOCATION OTHER THAN A SCHOOL FACILITY. (12) If a pupil successfully completes an online A VIRTUAL course, as determined by the pupil’s primary district, the pupil’s primary district shall grant appropriate academic credit for completion of the course and shall count that credit toward completion of graduation and subject area requirements. A pupil’s school record and transcript shall identify the online VIRTUAL course title as it appears in the online VIRTUAL course syllabus. (13) The enrollment of a pupil in 1 or more online VIRTUAL courses shall not result in a pupil being counted as more than 1.0 full‑time equivalent pupils under this article. THE MINIMUM REQUIREMENTS TO COUNT THE PUPIL IN MEMBERSHIP ARE THOSE ESTABLISHED BY THE PUPIL ACCOUNTING MANUAL AS IT WAS IN EFFECT FOR THE 2015‑2016 SCHOOL YEAR OR AS SUBSEQUENTLY AMENDED BY THE DEPARTMENT IF THE DEPARTMENT NOTIFIES THE LEGISLATURE ABOUT THE PROPOSED AMENDMENT AT LEAST 60 DAYS BEFORE THE AMENDMENT BECOMES EFFECTIVE. (14) The portion of the full‑time equated pupil membership for which a pupil is enrolled in 1 or more online courses under this section shall not be transferred under the pupil transfer process under section 25e. (14) (15) As used in this section: (A) “INSTRUCTOR” MEANS AN INDIVIDUAL WHO IS EMPLOYED BY OR CONTRACTED THROUGH A COMMUNITY COLLEGE. (B) (a) “Mentor” means a professional employee of the primary district who monitors the pupil’s progress, ensures the pupil has access to needed technology, is available for assistance, and ensures access to the teacher of record. A mentor may also serve as the teacher of record if THE PRIMARY DISTRICT IS THE PROVIDER FOR THE VIRTUAL COURSE AND the mentor meets the requirements under subdivision (g).(E). (b) “Online course” means a course of study that is capable of generating a credit or a grade, that is provided in an interactive Internet‑connected learning environment, in which pupils are separated from their teachers by time or location, or both, and, if the course is provided by a district or intermediate district, in which a teacher who holds a valid Michigan teaching certificate that qualifies the teacher to teach the course is responsible for providing instruction, determining appropriate instructional methods for each pupil, diagnosing learning needs, assessing pupil learning, prescribing intervention strategies, reporting outcomes, and evaluating the effects of instruction and support strategies. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1019 (c) “Online course syllabus” means a document that includes all of the following: (i) The state academic standards addressed in an online course. (ii) The online course content outline. (iii) The online course required assessments. (iv) The online course prerequisites. (v) Expectations for actual instructor contact time with the online learning pupil and other pupil‑to‑instructor communications. (vi) Academic support available to the online learning pupil. (vii) The online course learning outcomes and objectives. (viii) The name of the institution or organization providing the online content. (ix) The name of the institution or organization providing the online instructor. (x) The course titles assigned by the district or intermediate district and the course titles and course codes from the National Center for Education Statistics (NCES) school codes for the exchange of data (SCED). (xi) The number of eligible nonresident pupils that will be accepted by the district or intermediate district in the online course. (xii) The results of the online course quality review using the guidelines and model review process published by the Michigan Virtual University. (d) “Online learning pupil” means a pupil enrolled in 1 or more online courses. (C) (e) “Primary district” means the district that enrolls the pupil and reports the pupil as a full‑time equated pupil for pupil membership purposes. (D) (f) “Providing district” “PROVIDER” means the district, intermediate district, or community college that the primary district pays to provide the online VIRTUAL course OR THE MICHIGAN VIRTUAL UNIVERSITY IF IT IS PROVIDING THE VIRTUAL COURSE. (E) (g) “Teacher of record” means a teacher who holds a valid Michigan teaching certificate; who, if applicable, is endorsed in the subject area and grade of the online course; and is responsible for providing instruction, determining instructional methods for each pupil, diagnosing learning needs, assessing pupil learning, prescribing intervention strategies, reporting outcomes, and evaluating the effects of instruction and support strategies. MEETS ALL OF THE FOLLOWING: (i) HOLDS A VALID MICHIGAN TEACHING CERTIFICATE OR A TEACHING PERMIT RECOGNIZED BY THE DEPARTMENT. (ii) IF APPLICABLE, IS ENDORSED IN THE SUBJECT AREA AND GRADE OF THE VIRTUAL COURSE. (iii) IS RESPONSIBLE FOR PROVIDING INSTRUCTION, DETERMINING INSTRUCTIONAL METHODS FOR EACH PUPIL, DIAGNOSING LEARNING NEEDS, ASSESSING PUPIL LEARNING, PRESCRIBING INTERVENTION STRATEGIES AND MODIFYING LESSONS, REPORTING OUTCOMES, AND EVALUATING THE EFFECTS OF INSTRUCTION AND SUPPORT STRATEGIES. (iv) HAS A PERSONNEL IDENTIFICATION CODE PROVIDED BY THE CENTER. (v) IF THE PROVIDER IS A COMMUNITY COLLEGE, IS AN INSTRUCTOR EMPLOYED BY OR CONTRACTED THROUGH THE PROVIDING COMMUNITY COLLEGE. (F) “VIRTUAL COURSE” MEANS A COURSE OF STUDY THAT IS CAPABLE OF GENERATING A CREDIT OR A GRADE AND THAT IS PROVIDED IN AN INTERACTIVE LEARNING ENVIRONMENT WHERE THE MAJORITY OF THE CURRICULUM IS DELIVERED USING THE INTERNET AND IN WHICH PUPILS MAY BE SEPARATED FROM THEIR INSTRUCTOR OR TEACHER OF RECORD BY TIME OR LOCATION, OR BOTH. (G) “VIRTUAL COURSE SYLLABUS” MEANS A DOCUMENT THAT INCLUDES ALL OF THE FOLLOWING: (i) AN ALIGNMENT DOCUMENT DETAILING HOW THE COURSE MEETS APPLICABLE STATE STANDARDS OR, IF THE STATE DOES NOT HAVE STATE STANDARDS, NATIONALLY RECOGNIZED STANDARDS. (ii) THE VIRTUAL COURSE CONTENT OUTLINE. (iii) THE VIRTUAL COURSE REQUIRED ASSESSMENTS. (iv) THE VIRTUAL COURSE PREREQUISITES. (v) EXPECTATIONS FOR ACTUAL INSTRUCTOR OR TEACHER OF RECORD CONTACT TIME WITH THE VIRTUAL LEARNING PUPIL AND OTHER COMMUNICATIONS BETWEEN A PUPIL AND THE INSTRUCTOR OR TEACHER OF RECORD. (vi) ACADEMIC SUPPORT AVAILABLE TO THE VIRTUAL LEARNING PUPIL. (vii) THE VIRTUAL COURSE LEARNING OUTCOMES AND OBJECTIVES. (viii) THE NAME OF THE INSTITUTION OR ORGANIZATION PROVIDING THE VIRTUAL CONTENT. (ix) THE NAME OF THE INSTITUTION OR ORGANIZATION PROVIDING THE INSTRUCTOR OR TEACHER OF RECORD. (x) THE COURSE TITLES ASSIGNED BY THE PROVIDER AND THE COURSE TITLES AND COURSE CODES FROM THE NATIONAL CENTER FOR EDUCATION STATISTICS (NCES) SCHOOL CODES FOR THE EXCHANGE OF DATA (SCED). (xi) THE NUMBER OF ELIGIBLE PUPILS THAT WILL BE ACCEPTED BY THE PROVIDER IN THE VIRTUAL COURSE. A PRIMARY DISTRICT THAT IS ALSO THE PROVIDER MAY LIMIT THE ENROLLMENT TO THOSE PUPILS ENROLLED IN THE PRIMARY DISTRICT. 1020 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (xii) THE RESULTS OF THE VIRTUAL COURSE QUALITY REVIEW USING THE GUIDELINES AND MODEL REVIEW PROCESS PUBLISHED BY THE MICHIGAN VIRTUAL UNIVERSITY. (H) “VIRTUAL LEARNING PUPIL” MEANS A PUPIL ENROLLED IN 1 OR MORE VIRTUAL COURSES. SEC. 21G. (1) FROM THE GENERAL FUND APPROPRIATION IN SECTION 11, THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $500,000.00 FOR 2016‑2017 FOR A GRANT TO A PUBLIC‑PRIVATE PARTNERSHIP, LED BY THE MICHIGAN CENTER OF INNOVATION IN EDUCATION, A MICHIGAN‑BASED NONPROFIT ORGANIZATION THAT IS EXEMPT FROM FEDERAL TAXES UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE, 26 USC 501(C)(3), IN PARTNERSHIP WITH THE MICHIGAN ASSOCIATION OF INTERMEDIATE SCHOOL ADMINISTRATORS, AND IN COORDINATION WITH THE DEPARTMENT AND THE CENTER, TO DEVELOP AND PILOT A COMPETENCY‑BASED TRANSCRIPT AND MARKETPLACE TO PROVIDE ENHANCED CHOICE TO PUPILS AND PARENTS FOR THE COMPLETION OF THE REQUIREMENTS FOR A HIGH SCHOOL DIPLOMA UNDER THE MICHIGAN MERIT STANDARD UNDER SECTIONS 1278A AND 1278B OF THE REVISED SCHOOL CODE, MCL 380.1278A AND 380.1278B. (2) THE PARTNERSHIP UNDER SUBSECTION (1) SHALL DO ALL OF THE FOLLOWING: (A) ESTABLISH AN ARTICULATION FRAMEWORK FOR MICHIGAN ACADEMIC, TECHNICAL, AND GLOBAL COMPETENCIES OF PREKINDERGARTEN THROUGH HIGH SCHOOL DIPLOMA REQUIREMENTS, INCLUDING PROVIDING FOR CAREER AND TECHNICAL AND DUAL ENROLLMENT OPPORTUNITIES. (B) ESTABLISH ASSESSMENT CRITERIA FOR MEASURING THESE COMPETENCIES AND AWARDING UNIVERSALLY RECOGNIZED CREDENTIALS, MICRO‑CREDENTIALS, CREDITS, AND MICRO‑CREDITS FOR DEMONSTRATED COMPETENCIES INDEPENDENT OF STATE‑ADMINISTERED ASSESSMENTS. (C) IDENTIFY A MEANS OF ACCREDITING EDUCATION SERVICE PROVIDERS AS COMPETENCY‑BASED CREDENTIALING ORGANIZATIONS TO FACILITATE ANY‑TIME, ANY‑PACE, ANY‑WAY, ANY‑PLACE LEARNING SUCH THAT CREDENTIALS, MICRO‑CREDENTIALS, CREDITS, AND MICRO‑CREDITS CAN BE EARNED INSIDE AND OUTSIDE TRADITIONAL CLASSROOM SETTINGS. (D) DEVELOP AND PILOT A PUPIL‑OWNED TRANSCRIPT THAT SATISFIES POSTSECONDARY INSTITUTION REQUIREMENTS FOR ADMISSION AND ALLOWS PUPILS TO ACCUMULATE CREDENTIALS, MICRO‑CREDENTIALS, CREDITS, AND MICRO‑CREDITS REQUIRED FOR HIGH SCHOOL GRADUATION, POSTSECONDARY MATRICULATION, AND EARLY CAREER SUCCESS. (E) ESTABLISH AND PILOT A MARKETPLACE OF ACCREDITED EDUCATION SERVICE PROVIDERS TO PROVIDE ENHANCED CHOICE FOR PUPILS AND PARENTS WHEN SELECTING CREDENTIALS, MICRO‑CREDENTIALS, CREDITS, AND MICRO‑CREDITS NEEDED TO SATISFY MICHIGAN HIGH SCHOOL DIPLOMA REQUIREMENTS, INCLUDING CAREER AND TECHNICAL AND DUAL ENROLLMENT OPPORTUNITIES. (3) ACCREDITED EDUCATION SERVICE PROVIDERS SHALL INCLUDE, BUT ARE NOT LIMITED TO, THE FOLLOWING: (A) DISTRICTS AND PUBLIC CAREER AND TECHNICAL PROGRAMS. (B) PRESCHOOL, AFTER‑SCHOOL, AND OTHER QUALIFYING PROGRAMS. (C) MUSEUMS, HISTORICAL SOCIETIES, SCIENCE CENTERS, AND OTHER COMMUNITY EDUCATION ORGANIZATIONS. (D) BUSINESS AND CIVIC ORGANIZATIONS AND OTHER INSTITUTIONS PROVIDING INTERNSHIP AND APPRENTICESHIP OPPORTUNITIES. (E) COMMUNITY COLLEGES, TRADE SCHOOLS, AND UNIVERSITIES OFFERING DUAL ENROLLMENT OPPORTUNITIES. (4) THE TRANSCRIPT AND MARKETPLACE SHALL DO ALL OF THE FOLLOWING: (A) USE MICHIGAN‑SPECIFIC ACADEMIC STANDARDS WHEN DEFINING ACADEMIC COMPETENCIES. (B) USE INDUSTRY STANDARDS FOR THE COMPETENCY ASSESSMENT. (C) USE INDUSTRY STANDARDS FOR ARTICULATING AND TRANSCRIPTING OF CREDENTIALS, MICRO‑CREDENTIALS, CREDITS, AND MICRO‑CREDITS. (D) OFFER ITS SERVICES AT NO COST TO PUPILS OR PARENTS. (5) NOT MORE THAN 50% OF THE FUNDS AWARDED TO A GRANTEE UNDER THIS SECTION SHALL BE INITIALLY DISTRIBUTED TO THE GRANTEE. TO RECEIVE THE REMAINING DISTRIBUTION OF FUNDS, THE GRANTEE SHALL PROVIDE TO THE DEPARTMENT A PROGRESS REPORT ON THE DEVELOPMENT AND PILOTING OF THE COMPETENCY‑BASED TRANSCRIPT AND MARKETPLACE DESCRIBED IN THIS SECTION, AND THE DEPARTMENT SHALL ONLY RELEASE THE REMAINING FUNDS IF, UPON REVIEW OF THIS PROGRESS REPORT, THE DEPARTMENT DETERMINES THAT SUFFICIENT PROGRESS HAS BEEN MADE BY THE GRANTEE. (6) UPON COMPLETION OF THE PILOT DESCRIBED IN THIS SECTION, THE GRANTEE SHALL PROVIDE A REPORT TO THE HOUSE AND SENATE APPROPRIATIONS SUBCOMMITTEES ON SCHOOL AID DETAILING THE PROJECT’S EXPENDITURES, PUPILS SERVED, SUCCESSES AND CHALLENGES, AND FEASIBILITY FOR EXPANDING THE PROJECT STATEWIDE. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1021 Sec. 22a. (1) From the appropriation in section 11, there is allocated an amount not to exceed $5,377,000,000.00 for 2014‑2015 and an amount not to exceed $5,281,700,000.00 $5,260,000,000.00 for 2015‑2016 AND AN AMOUNT NOT TO EXCEED $5,205,000,000.00 FOR 2016‑2017 for payments to districts and qualifying public school academies to guarantee each district and qualifying public school academy an amount equal to its 1994‑95 total state and local per pupil revenue for school operating purposes under section 11 of article IX of the state constitution of 1963. Pursuant to section 11 of article IX of the state constitution of 1963, this guarantee does not apply to a district in a year in which the district levies a millage rate for school district operating purposes less than it levied in 1994. However, subsection (2) applies to calculating the payments under this section. Funds allocated under this section that are not expended in the state fiscal year for which they were allocated, as determined by the department, may be used to supplement the allocations under sections 22b and 51c in order to fully fund those calculated allocations for the same fiscal year. (2) To ensure that a district receives an amount equal to the district’s 1994‑95 total state and local per pupil revenue for school operating purposes, there is allocated to each district a state portion of the district’s 1994‑95 foundation allowance in an amount calculated as follows: (a) Except as otherwise provided in this subsection, the state portion of a district’s 1994‑95 foundation allowance is an amount equal to the district’s 1994‑95 foundation allowance or $6,500.00, whichever is less, minus the difference between the sum of the product of the taxable value per membership pupil of all property in the district that is nonexempt property times the district’s certified mills and, for a district with certified mills exceeding 12, the product of the taxable value per membership pupil of property in the district that is commercial personal property times the certified mills minus 12 mills and the quotient of the ad valorem property tax revenue of the district captured under tax increment financing acts divided by the district’s membership. For a district that has a millage reduction required under section 31 of article IX of the state constitution of 1963, the state portion of the district’s foundation allowance shall be calculated as if that reduction did not occur. For a receiving district, if school operating taxes are to be levied on behalf of a dissolved district that has been attached in whole or in part to the receiving district to satisfy debt obligations of the dissolved district under section 12 of the revised school code, MCL 380.12, taxable value per membership pupil of all property in the receiving district that is nonexempt property and taxable value per membership pupil of property in the receiving district that is commercial personal property do not include property within the geographic area of the dissolved district; ad valorem property tax revenue of the receiving district captured under tax increment financing acts does not include ad valorem property tax revenue captured within the geographic boundaries of the dissolved district under tax increment financing acts; and certified mills do not include the certified mills of the dissolved district. (b) For a district that had a 1994‑95 foundation allowance greater than $6,500.00, the state payment under this subsection shall be the sum of the amount calculated under subdivision (a) plus the amount calculated under this subdivision. The amount calculated under this subdivision shall be equal to the difference between the district’s 1994‑95 foundation allowance minus $6,500.00 and the current year hold harmless school operating taxes per pupil. If the result of the calculation under subdivision (a) is negative, the negative amount shall be an offset against any state payment calculated under this subdivision. If the result of a calculation under this subdivision is negative, there shall not be a state payment or a deduction under this subdivision. The taxable values per membership pupil used in the calculations under this subdivision are as adjusted by ad valorem property tax revenue captured under tax increment financing acts divided by the district’s membership. For a receiving district, if school operating taxes are to be levied on behalf of a dissolved district that has been attached in whole or in part to the receiving district to satisfy debt obligations of the dissolved district under section 12 of the revised school code, MCL 380.12, ad valorem property tax revenue captured under tax increment financing acts do not include ad valorem property tax revenue captured within the geographic boundaries of the dissolved district under tax increment financing acts. (3) Beginning in 2003‑2004, for pupils in membership in a qualifying public school academy, there is allocated under this section to the authorizing body that is the fiscal agent for the qualifying public school academy for forwarding to the qualifying public school academy an amount equal to the 1994‑95 per pupil payment to the qualifying public school academy under section 20. (4) A district or qualifying public school academy may use funds allocated under this section in conjunction with any federal funds for which the district or qualifying public school academy otherwise would be eligible. (5) Except as otherwise provided in this subsection, for a district that is formed or reconfigured after June 1, 2000 by consolidation of 2 or more districts or by annexation, the resulting district’s 1994‑95 foundation allowance under this section beginning after the effective date of the consolidation or annexation shall be the average of the 1994‑95 foundation allowances of each of the original or affected districts, calculated as provided in this section, weighted as to the percentage of pupils in total membership in the resulting district in the state fiscal year in which the consolidation takes place who reside in the geographic area of each of the original districts. If an affected district’s 1994‑95 foundation allowance is less than the 1994‑95 basic foundation allowance, the amount of that district’s 1994‑95 foundation allowance shall be considered for the purpose of calculations under this subsection to be equal to the amount of the 1994‑95 basic foundation allowance. This subsection does not apply to a receiving district unless there is a subsequent consolidation or annexation that affects the district. (6) Payments under this section are subject to section 25f. (7) As used in this section: (a) “1994‑95 foundation allowance” means a district’s 1994‑95 foundation allowance calculated and certified by the department of treasury or the superintendent under former section 20a as enacted in 1993 PA 336 and as amended by 1994 PA 283. 1022 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (b) “Certified mills” means the lesser of 18 mills or the number of mills of school operating taxes levied by the district in 1993‑94. (c) “Current state fiscal year” means the state fiscal year for which a particular calculation is made. (d) “Current year hold harmless school operating taxes per pupil” means the per pupil revenue generated by multiplying a district’s 1994‑95 hold harmless millage by the district’s current year taxable value per membership pupil. For a receiving district, if school operating taxes are to be levied on behalf of a dissolved district that has been attached in whole or in part to the receiving district to satisfy debt obligations of the dissolved district under section 12 of the revised school code, MCL 380.12, taxable value per membership pupil does not include the taxable value of property within the geographic area of the dissolved district. (e) “Dissolved district” means a district that loses its organization, has its territory attached to 1 or more other districts, and is dissolved as provided under section 12 of the revised school code, MCL 380.12. (f) “Hold harmless millage” means, for a district with a 1994‑95 foundation allowance greater than $6,500.00, the number of mills by which the exemption from the levy of school operating taxes on a homestead, qualified agricultural property, qualified forest property, supportive housing property, industrial personal property, commercial personal property, and property occupied by a public school academy could be reduced as provided in section 1211 of the revised school code, MCL 380.1211, and the number of mills of school operating taxes that could be levied on all property as provided in section 1211(2) of the revised school code, MCL 380.1211, as certified by the department of treasury for the 1994 tax year. For a receiving district, if school operating taxes are to be levied on behalf of a dissolved district that has been attached in whole or in part to the receiving district to satisfy debt obligations of the dissolved district under section 12 of the revised school code, MCL 380.12, school operating taxes do not include school operating taxes levied within the geographic area of the dissolved district. (g) “Homestead”, “qualified agricultural property”, “qualified forest property”, “supportive housing property”, “industrial personal property”, and “commercial personal property” mean those terms as defined in section 1211 of the revised school code, MCL 380.1211. (h) “Membership” means the definition of that term under section 6 as in effect for the particular fiscal year for which a particular calculation is made. (i) “Nonexempt property” means property that is not a principal residence, qualified agricultural property, qualified forest property, supportive housing property, industrial personal property, commercial personal property, or property occupied by a public school academy. (j) “Qualifying public school academy” means a public school academy that was in operation in the 1994‑95 school year and is in operation in the current state fiscal year. (k) “Receiving district” means a district to which all or part of the territory of a dissolved district is attached under section 12 of the revised school code, MCL 380.12. (l) “School operating taxes” means local ad valorem property taxes levied under section 1211 of the revised school code, MCL 380.1211, and retained for school operating purposes as defined in section 20. (m) “Tax increment financing acts” means 1975 PA 197, MCL 125.1651 to 125.1681, the tax increment finance authority act, 1980 PA 450, MCL 125.1801 to 125.1830, the local development financing act, 1986 PA 281, MCL 125.2151 to 125.2174, the brownfield redevelopment financing act, 1996 PA 381, MCL 125.2651 to 125.2672, or the corridor improvement authority act, 2005 PA 280, MCL 125.2871 to 125.2899. (n) “Taxable value per membership pupil” means each of the following divided by the district’s membership: (i) For the number of mills by which the exemption from the levy of school operating taxes on a homestead, qualified agricultural property, qualified forest property, supportive housing property, industrial personal property, commercial personal property, and property occupied by a public school academy may be reduced as provided in section 1211 of the revised school code, MCL 380.1211, the taxable value of homestead, qualified agricultural property, qualified forest property, supportive housing property, industrial personal property, commercial personal property, and property occupied by a public school academy for the calendar year ending in the current state fiscal year. For a receiving district, if school operating taxes are to be levied on behalf of a dissolved district that has been attached in whole or in part to the receiving district to satisfy debt obligations of the dissolved district under section 12 of the revised school code, MCL 380.12, mills do not include mills within the geographic area of the dissolved district. (ii) For the number of mills of school operating taxes that may be levied on all property as provided in section 1211(2) of the revised school code, MCL 380.1211, the taxable value of all property for the calendar year ending in the current state fiscal year. For a receiving district, if school operating taxes are to be levied on behalf of a dissolved district that has been attached in whole or in part to the receiving district to satisfy debt obligations of the dissolved district under section 12 of the revised school code, MCL 380.12, school operating taxes do not include school operating taxes levied within the geographic area of the dissolved district. Sec. 22b. (1) From the appropriation in section 11, FOR DISCRETIONARY NONMANDATED PAYMENTS TO DISTRICTS UNDER THIS SECTION, THERE IS ALLOCATED FROM THE APPROPRIATION IN SECTION 11 AN AMOUNT NOT TO EXCEED $3,692,000,000.00 FOR 2015‑2016, AND there is allocated FOR 2016‑2017 an amount not to exceed $3,440,000,000.00 for 2014‑2015 and an amount not to exceed $3,728,000,000.00 for 2015‑2016 for discretionary nonmandated payments to districts under this section. Funds $3,828,000,000.00 FROM THE STATE SCHOOL AID FUND No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1023 AND GENERAL FUND APPROPRIATIONS IN SECTION 11 AND AN AMOUNT NOT TO EXCEED $72,000,000.00 FROM THE COMMUNITY DISTRICT EDUCATION TRUST FUND APPROPRIATION IN SECTION 11. EXCEPT FOR MONEY ALLOCATED FROM THE COMMUNITY DISTRICT TRUST FUND, MONEY allocated under this section that are IS not expended in the state fiscal year for which they were IT WAS allocated, as determined by the department, may be used to supplement the allocations under sections 22a and 51c in order to fully fund those calculated allocations for the same fiscal year. (2) Subject to subsection (3) and section 296, the allocation to a district under this section shall be an amount equal to the sum of the amounts calculated under sections 20, 20M, 51a(2), 51a(3), and 51a(11), minus the sum of the allocations to the district under sections 22a and 51c. (3) In order to receive an allocation under subsection (1), each district shall do all of the following: (a) Comply with section 1280b of the revised school code, MCL 380.1280b. (b) Comply with sections 1278a and 1278b of the revised school code, MCL 380.1278a and 380.1278b. (c) Furnish data and other information required by state and federal law to the center and the department in the form and manner specified by the center or the department, as applicable. (d) Comply with section 1230g of the revised school code, MCL 380.1230g. (e) Comply with section 21f. (4) Districts are encouraged to use funds allocated under this section for the purchase and support of payroll, human resources, and other business function software that is compatible with that of the intermediate district in which the district is located and with other districts located within that intermediate district. (5) From the allocation in subsection (1), the department shall pay up to $1,000,000.00 in litigation costs incurred by this state related to commercial or industrial property tax appeals, including, but not limited to, appeals of classification, that impact revenues dedicated to the state school aid fund. (6) From the allocation in subsection (1), the department shall pay up to $1,000,000.00 in litigation costs incurred by this state associated with lawsuits filed by 1 or more districts or intermediate districts against this state. If the allocation under this section is insufficient to fully fund all payments required under this section, the payments under this subsection shall be made in full before any proration of remaining payments under this section. (7) It is the intent of the legislature that all constitutional obligations of this state have been fully funded under sections 22a, 31d, 51a, 51c, and 152a. If a claim is made by an entity receiving funds under this article that challenges the legislative determination of the adequacy of this funding or alleges that there exists an unfunded constitutional requirement, the state budget director may escrow or allocate from the discretionary funds for nonmandated payments under this section the amount as may be necessary to satisfy the claim before making any payments to districts under subsection (2). If funds are escrowed, the escrowed funds are a work project appropriation and the funds are carried forward into the following fiscal year. The purpose of the work project is to provide for any payments that may be awarded to districts as a result of litigation. The work project shall be completed upon resolution of the litigation. (8) If the local claims review board or a court of competent jurisdiction makes a final determination that this state is in violation of section 29 of article IX of the state constitution of 1963 regarding state payments to districts, the state budget director shall use work project funds under subsection (7) or allocate from the discretionary funds for nonmandated payments under this section the amount as may be necessary to satisfy the amount owed to districts before making any payments to districts under subsection (2). (9) If a claim is made in court that challenges the legislative determination of the adequacy of funding for this state’s constitutional obligations or alleges that there exists an unfunded constitutional requirement, any interested party may seek an expedited review of the claim by the local claims review board. If the claim exceeds $10,000,000.00, this state may remove the action to the court of appeals, and the court of appeals shall have and shall exercise jurisdiction over the claim. (10) If payments resulting from a final determination by the local claims review board or a court of competent jurisdiction that there has been a violation of section 29 of article IX of the state constitution of 1963 exceed the amount allocated for discretionary nonmandated payments under this section, the legislature shall provide for adequate funding for this state’s constitutional obligations at its next legislative session. (11) If a lawsuit challenging payments made to districts related to costs reimbursed by federal title XIX Medicaid funds is filed against this state, then, for the purpose of addressing potential liability under such a lawsuit, the state budget director may place funds allocated under this section in escrow or allocate money from the funds otherwise allocated under this section, up to a maximum of 50% of the amount allocated in subsection (1). If funds are placed in escrow under this subsection, those funds are a work project appropriation and the funds are carried forward into the following fiscal year. The purpose of the work project is to provide for any payments that may be awarded to districts as a result of the litigation. The work project shall be completed upon resolution of the litigation. In addition, this state reserves the right to terminate future federal title XIX Medicaid reimbursement payments to districts if the amount or allocation of reimbursed funds is challenged in the lawsuit. As used in this subsection, “title XIX” means title XIX of the social security act, 42 USC 1396 to 1396v. (12) Payments under this section are subject to section 25g. Sec. 22d. (1) From the appropriation in section 11, an amount not to exceed $5,000,000.00 is allocated for 2015‑2016 2016‑2017 for supplemental payments to rural districts under this section. 1024 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (2) From the allocation under subsection (1), there is allocated for 2015‑2016 2016‑2017 an amount not to exceed $957,300.00 for payments under this subsection to districts that meet all of the following: (a) Operates grades K to 12. (b) Has fewer than 250 pupils in membership. (c) Each school building operated by the district meets at least 1 of the following: (i) Is located in the Upper Peninsula at least 30 miles from any other public school building. (ii) Is located on an island that is not accessible by bridge. (3) The amount of the additional funding to each eligible district under subsection (2) shall be determined under a spending plan developed as provided in this subsection and approved by the superintendent of public instruction. The spending plan shall be developed cooperatively by the intermediate superintendents of each intermediate district in which an eligible district is located. The intermediate superintendents shall review the financial situation of each eligible district, determine the minimum essential financial needs of each eligible district, and develop and agree on a spending plan that distributes the available funding under subsection (2) to the eligible districts based on those financial needs. The intermediate superintendents shall submit the spending plan to the superintendent of public instruction for approval. Upon approval by the superintendent of public instruction, the amounts specified for each eligible district under the spending plan are allocated under subsection (2) and shall be paid to the eligible districts in the same manner as payments under section 22b. (4) Subject to subsection (6), from the allocation in subsection (1), there is allocated for 2015‑2016 2016‑2017 an amount not to exceed $4,042,700.00 for payments under this subsection to districts that have 7.3 or fewer pupils per square mile as determined by the department. (5) The funds allocated under subsection (4) shall be allocated on an equal per‑pupil basis. (6) A district receiving funds allocated under subsection (2) is not eligible for funding allocated under subsection (4). Sec. 22g. (1) From the funds appropriated in section 11, there is allocated for 2015‑2016 2016‑2017 only an amount not to exceed $5,000,000.00 $500,000.00 for competitive assistance grants to districts and intermediate districts. (2) Funds received under this section may be used for reimbursement of transition costs associated with the DISSOLUTION, consolidation, or annexation of districts or intermediate districts. Grant funding shall be available for DISSOLUTIONS, consolidations, or annexations that occur on or after June 1, 2015. 2016. Districts may spend funds allocated under this section over 3 fiscal years. (3) IN ADDITION TO THE AMOUNT ALLOCATED UNDER SUBSECTION (1), FROM THE FUNDS APPROPRIATED IN SECTION 11, THERE IS ALLOCATED FOR 2016‑2017 AN AMOUNT NOT TO EXCEED $2,500,000.00 FOR GRANTS TO DISTRICTS OR INTERMEDIATE DISTRICTS THAT RECEIVED A GRANT UNDER THIS SECTION AS IT WAS IN EFFECT FOR 2015‑2016 FOR REIMBURSEMENT OF REMAINING TRANSITION COSTS ASSOCIATED WITH A DISSOLUTION, CONSOLIDATION, OR ANNEXATION THAT WAS APPROVED DURING 2015‑2016 BY THE SCHOOL ELECTORS OF THE APPLICABLE DISTRICT OR INTERMEDIATE DISTRICT. Sec. 23a. (1) A dropout recovery program operated by a district qualifies for the special membership counting provisions of section 6(4)(dd) and the hours and day of pupil instruction exemption under section 101(12) if the dropout recovery program meets all of the following: (a) Enrolls only eligible pupils. (b) Provides an advocate. An advocate may serve in that role for more than 1 pupil but no more than 50 pupils. An advocate may be employed by the district or may be provided by an education management organization that is partnering with the district. Before an individual is assigned to be an advocate for a pupil in the dropout recovery program, the district shall comply with sections 1230 and 1230a of the revised school code, MCL 380.1230 and 380.1230a, with respect to that individual. (c) Develops a written learning plan. (d) Monitors the pupil’s progress against the written learning plan. (e) Requires each pupil to make satisfactory monthly progress, as defined by the district under subsection (2). (f) Reports the pupil’s progress results to the partner district at least monthly. (g) The program may be operated on or off a district school campus, but may be operated using distance learning online only if the program provides a computer and Internet access for each eligible pupil participating in the program. (h) Is operated throughout the entire calendar year. (i) If the district partners with an education management organization for the program, the education management organization has a dropout recovery program partnership relationship with at least 1 other district. (2) A district operating a dropout recovery program under this section shall adopt a definition of satisfactory monthly progress that is consistent with the definition of that term under subsection (3). (3) As used in this section: (a) “Advocate” means an adult available to meet in person with assigned pupils, as needed, to conduct social interventions, to proctor final examinations, and to provide academic and social support to pupils enrolled in the district’s dropout recovery program. (b) “Education management organization” means a private provider that operates 1 or more other dropout recovery programs that meet the requirements of this section in partnership with 1 or more districts. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1025 (c) “Eligible pupil” means a pupil who has been expelled from school under the mandatory expulsion provisions in section 1311 or 1311a of the revised school code, MCL 380.1311 and 380.1311a, a pupil who has been suspended or expelled from school under a local policy, a pupil who is referred by a court, a pupil who is pregnant or is a parent, a pupil who was previously a dropout, or a pupil who is determined by the district to be at risk of dropping out. (d) “Satisfactory monthly progress” means an amount of progress that is measurable on a monthly basis and that, if continued for a full 12 months, would result in the same amount of academic credit being awarded to the pupil as would be awarded to a general education pupil completing a full school year. Satisfactory monthly progress may include a lesser required amount of progress for the first 2 months a pupil participates in the program. (E) “TEACHER OF RECORD” MEANS A TEACHER WHO HOLDS A VALID MICHIGAN TEACHING CERTIFICATE; WHO, IF APPLICABLE, IS ENDORSED IN THE SUBJECT AREA AND GRADE OF THE COURSE; AND IS RESPONSIBLE FOR PROVIDING INSTRUCTION, DETERMINING INSTRUCTIONAL METHODS FOR EACH PUPIL, DIAGNOSING LEARNING NEEDS, ASSESSING PUPIL LEARNING, PRESCRIBING INTERVENTION STRATEGIES, REPORTING OUTCOMES, AND EVALUATING THE EFFECTS OF INSTRUCTION AND SUPPORT STRATEGIES. (F) (e) “Written learning plan” means a written plan developed in conjunction with the advocate that includes the plan start and end dates, courses to be taken, credit to be earned for each course, teacher of record for each course, and advocate name and contact information. Sec. 24. (1) From the appropriation in section 11, there is allocated for 2015‑2016 2016‑2017 an amount not to exceed $8,000,000.00 for payments to the educating district or intermediate district for educating pupils assigned by a court or the department of health and human services to reside in or to attend a juvenile detention facility or child caring institution licensed by the department of health and human services and approved by the department to provide an on‑grounds education program. The amount of the payment under this section to a district or intermediate district shall be calculated as prescribed under subsection (2). (2) The total amount allocated under this section shall be allocated by paying to the educating district or intermediate district an amount equal to the lesser of the district’s or intermediate district’s added cost or the department’s approved per‑pupil allocation for the district or intermediate district. For the purposes of this subsection: (a) “Added cost” means 100% of the added cost each fiscal year for educating all pupils assigned by a court or the department of health and human services to reside in or to attend a juvenile detention facility or child caring institution licensed by the department of health and human services or the department of licensing and regulatory affairs and approved by the department to provide an on‑grounds education program. Added cost shall be computed by deducting all other revenue received under this article for pupils described in this section from total costs, as approved by the department, in whole or in part, for educating those pupils in the on‑grounds education program or in a program approved by the department that is located on property adjacent to a juvenile detention facility or child caring institution. Costs reimbursed by federal funds are not included. (b) “Department’s approved per‑pupil allocation” for a district or intermediate district shall be determined by dividing the total amount allocated under this section for a fiscal year by the full‑time equated membership total for all pupils approved by the department to be funded under this section for that fiscal year for the district or intermediate district. (3) A district or intermediate district educating pupils described in this section at a residential child caring institution may operate, and receive funding under this section for, a department‑approved on‑grounds educational program for those pupils that is longer than 181 days, but not longer than 233 days, if the child caring institution was licensed as a child caring institution and offered in 1991‑92 an on‑grounds educational program that was longer than 181 days but not longer than 233 days and that was operated by a district or intermediate district. (4) Special education pupils funded under section 53a shall not be funded under this section. Sec. 24a. From the appropriation in section 11, there is allocated an amount not to exceed $2,189,800.00 $1,301,000.00 for 2015‑2016 AND THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $1,328,100.00 FOR 2016‑2017 for payments to intermediate districts for pupils who are placed in juvenile justice service facilities operated by the department of health and human services. Each intermediate district shall receive an amount equal to the state share of those costs that are clearly and directly attributable to the educational programs for pupils placed in facilities described in this section that are located within the intermediate district’s boundaries. The intermediate districts receiving payments under this section shall cooperate with the department of health and human services to ensure that all funding allocated under this section is utilized by the intermediate district and department of health and human services for educational programs for pupils described in this section. Pupils described in this section are not eligible to be funded under section 24. However, a program responsibility or other fiscal responsibility associated with these pupils shall not be transferred from the department of health and human services to a district or intermediate district unless the district or intermediate district consents to the transfer. Sec. 24c. From the appropriation in section 11, there is allocated an amount not to exceed $1,497,400.00 for 2015‑2016 $1,632,400.00 FOR 2016‑2017 for payments to districts for pupils who are enrolled in a nationally administered community‑based education and youth mentoring program, known as the youth challenge program, that is administered by the department of military and veterans affairs. Both of the following apply to a district receiving payments under this section: (a) The district shall contract with the department of military and veterans affairs to ensure that all funding allocated under this section is utilized by the district and the department of military and veterans affairs for the youth challenge program. 1026 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (b) The district may retain for its administrative expenses an amount not to exceed 3% of the amount of the payment the district receives under this section. Sec. 25e. (1) The pupil membership transfer application and pupil transfer process administered by the center under this section shall be used for processing pupil transfers ASSOCIATED WITH STRICT DISCIPLINE ACADEMIES. (2) If a pupil counted in membership for the pupil membership count day transfers from a district or intermediate district to enroll in another district or intermediate district A STRICT DISCIPLINE ACADEMY after the pupil membership count day and before the supplemental count day and, due to the pupil’s enrollment and attendance status as of the pupil membership count day, the pupil was not counted in membership in the educating district or intermediate district, STRICT DISCIPLINE ACADEMY, the educating district or intermediate district STRICT DISCIPLINE ACADEMY may report the enrollment and attendance information to the center through the pupil transfer process within 30 days after the transfer or within 30 days after the pupil membership count certification date, whichever is later. Pupil transfers may be submitted no earlier than the first day after the certification deadline for the pupil membership count day and before the supplemental count day. Upon receipt of the transfer information under this subsection indicating that a pupil has enrolled and is in attendance in an educating district or intermediate district STRICT DISCIPLINE ACADEMY as described in this subsection, the pupil transfer process shall do the following: (a) Notify the district in which the pupil was previously enrolled. (b) Notify both the pupil auditing staff of the intermediate district in which the educating district STRICT DISCIPLINE ACADEMY is located and the pupil auditing staff of the intermediate district in which the district that previously enrolled the pupil is located. The pupil auditing staff shall investigate a representative sample based on required audit sample sizes in the pupil auditing manual and may deny the pupil membership transfer. (c) Aggregate the districtwide changes and notify the department for use in adjusting the state aid payment system. (3) The department shall do all of the following: (a) Adjust the membership calculation for each district or intermediate district in which the pupil was previously counted in membership or that previously received an adjustment in its membership calculation under this section due to a change in the pupil’s enrollment and attendance so that the district’s or intermediate district’s membership is prorated to allow the district or intermediate district to receive for each school day, as determined by the financial calendar furnished by the center, in which the pupil was enrolled and in attendance in the district or intermediate district an amount equal to 1/105 of a full‑time equated membership claimed in the fall pupil membership count. The district or intermediate district shall receive a prorated foundation allowance in an amount equal to the product of the adjustment under this subdivision for the district or intermediate district multiplied by the foundation allowance or per‑pupil payment as calculated under section 20 for the district or intermediate district. The foundation allowance or per‑pupil payment shall be adjusted by the pupil’s full‑time equated status as affected by the membership definition under section 6(4). (b) Adjust the membership calculation for the educating district or intermediate district STRICT DISCIPLINE ACADEMY in which the pupil is enrolled and is in attendance so that the district’s or intermediate district’s STRICT DISCIPLINE ACADEMY’S membership is increased to allow the district or intermediate district STRICT DISCIPLINE ACADEMY to receive an amount equal to the difference between the full‑time equated membership claimed in the fall pupil membership count and the sum of the adjustments calculated under subdivision (a) for each district or intermediate district in which the pupil was previously enrolled and in attendance. The educating district or intermediate district STRICT DISCIPLINE ACADEMY shall receive a prorated foundation allowance in an amount equal to the product of the adjustment under this subdivision for the educating district or intermediate district STRICT DISCIPLINE ACADEMY multiplied by the foundation allowance or per‑pupil payment as calculated under section 20 for the educating district or intermediate district. STRICT DISCIPLINE ACADEMY. The foundation allowance or per‑pupil payment shall be adjusted by the pupil’s full‑time equated status as affected by the membership definition under section 6(4). (4) The changes in calculation of state school aid required under subsection (3) shall take effect as of the date that the pupil becomes enrolled and in attendance in the educating district or intermediate district, STRICT DISCIPLINE ACADEMY, and the department shall base all subsequent payments under this article for the fiscal year to the affected districts or intermediate districts on this recalculation of state school aid. (5) If a pupil enrolls in an educating district or intermediate district STRICT DISCIPLINE ACADEMY as described in subsection (2), the district or intermediate district in which the pupil is counted in membership or another educating district or intermediate district STRICT DISCIPLINE ACADEMY that received an adjustment in its membership calculation under subsection (3), if any, and the educating district or intermediate district STRICT DISCIPLINE ACADEMY shall provide to the center and the department all information they require to comply with this section. (6) The portion of the full‑time equated pupil membership for which a pupil is enrolled in 1 or more online courses under section 21f shall not be counted or transferred under the pupil transfer process under this section. (7) The IT IS THE INTENT OF THE LEGISLATURE THAT THE center shall determine the number of pupils who did not reside in this state as of the 2015‑2016 2018‑2019 pupil membership count day but who newly enrolled in a district or intermediate district after that pupil membership count day and before the 2015‑2016 2018‑2019 supplemental count day. The IT IS THE INTENT OF THE LEGISLATURE THAT THE center shall further determine the number of pupils who were counted in membership for the 2015‑2016 2018‑2019 pupil membership count day but who left this state before the 2015‑2016 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1027 2018‑2019 supplemental count day. The IN 2019‑2020, THE center shall provide a report to the senate and house appropriations subcommittees on state school aid, and to the senate and house fiscal agencies, detailing the number of pupils transferring in from another state or transferring out from this state between the pupil membership count day and supplemental count day as described in this subsection. The center shall include in the report a discussion of benefits and obstacles to developing a pupil enrollment process for pupils who newly enroll in a district or intermediate district after the pupil membership count day and before the supplemental count day, and developing a process for deducting pupils who were counted on the pupil membership count day and transfer out of this state before the supplemental count day. (8) As used in this section: (a) “Educating district or intermediate district” STRICT DISCIPLINE ACADEMY” means the district or intermediate district STRICT DISCIPLINE ACADEMY in which a pupil enrolls after the pupil membership count day or after an adjustment was made in another district’s or intermediate district’s membership calculation under this section due to the pupil’s enrollment and attendance. (b) “Pupil” means that term as defined under section 6 and also children receiving early childhood special education programs and services. (C) “STRICT DISCIPLINE ACADEMY” MEANS A STRICT DISCIPLINE ACADEMY OPERATING UNDER SECTIONS 1311B TO 1311M OF THE REVISED SCHOOL CODE, MCL 380.1311B TO 380.1311M. Sec. 25f. (1) From the state school aid fund money appropriated in section 11, there is allocated an amount not to exceed $1,000,000.00 for 2015‑2016 $750,000.00 FOR 2016‑2017 for payments to strict discipline academies established under sections 1311b to 1311m of the revised school code, MCL 380.1311b to 380.1311m, as provided under this section. (2) In order to receive funding under this section, a strict discipline academy shall first comply with section 25e and use the pupil transfer process under that section for changes in enrollment as prescribed under that section. (3) The total amount allocated to a strict discipline academy under this section is an amount equal to the lesser of the strict discipline academy’s added cost or the department’s approved per‑pupil allocation for the strict discipline academy. However, the sum of the amounts received by a strict discipline academy under this section and under section 24 shall not exceed the product of the strict discipline academy’s per‑pupil allocation calculated under section 20 multiplied by the strict discipline academy’s full‑time equated membership. The department shall allocate funds to strict discipline academies under this section on a monthly basis. For the purposes of this subsection: (a) “Added cost” means 100% of the added cost each fiscal year for educating all pupils enrolled and in regular daily attendance at a strict discipline academy. Added cost shall be computed by deducting all other revenue received under this article for pupils described in this subsection from total costs, as approved by the department, in whole or in part, for educating those pupils in a strict discipline academy. The department shall include all costs including, but not limited to, educational costs, insurance, management fees, technology costs, legal fees, auditing fees, interest, pupil accounting costs, and any other administrative costs necessary to operate the program or to comply with statutory requirements. Costs reimbursed by federal funds are not included. (b) “Department’s approved per‑pupil allocation” for a strict discipline academy shall be determined by dividing the total amount allocated under this subsection for a fiscal year by the full‑time equated membership total for all pupils approved by the department to be funded under this subsection for that fiscal year for the strict discipline academy. (4) Special education pupils funded under section 53a shall not be funded under this section. (5) If the funds allocated under this section are insufficient to fully fund the adjustments under subsection (3), payments under this section shall be prorated on an equal per‑pupil basis. (6) Payments to districts under this section shall be made according to the payment schedule under section 17b. Sec. 25g. (1) From the state school aid fund money appropriated in section 11, there is allocated an amount not to exceed $1,000,000.00 for 2015‑2016 $750,000.00 FOR 2016‑2017 for the purposes of this section. If the operation of the special membership counting provisions under section 6(4)(dd) and the other membership counting provisions under section 6(4) result in a pupil being counted as more than 1.0 FTE in a fiscal year, then the payment made for the pupil under sections 22a and 22b shall not be based on more than 1.0 FTE for that pupil, and that portion of the FTE that exceeds 1.0 shall be paid under this section in an amount equal to that portion multiplied by the educating district’s foundation allowance or per‑pupil payment calculated under section 20. (2) Special education pupils funded under section 53a shall not be funded under this section. (3) If the funds allocated under this section are insufficient to fully fund the adjustments under subsection (1), payments under this section shall be prorated on an equal per‑pupil basis. (4) Payments to districts under this section shall be made according to the payment schedule under section 17b. Sec. 26a. From the funds appropriated in section 11, there is allocated an amount not to exceed $26,300,000.00 $20,000,000.00 for 2015‑2016 AND THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $20,000,000.00 FOR 2016‑2017 to reimburse districts and intermediate districts pursuant to section 12 of the Michigan renaissance zone act, 1996 PA 376, MCL 125.2692, for taxes levied in 2015.2015 AND 2016 AS APPLICABLE. The allocations shall be made not later than 60 days after the department of treasury certifies to the department and to the state budget director that the department of treasury has received all necessary information to properly determine the amounts due to each eligible recipient. 1028 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Sec. 26b. (1) From the appropriation in section 11, there is allocated for 2015‑2016 2016‑2017 an amount not to exceed $4,276,800.00 $4,405,100.00 for payments to districts, intermediate districts, and community college districts for the portion of the payment in lieu of taxes obligation that is attributable to districts, intermediate districts, and community college districts pursuant to section 2154 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.2154. (2) If the amount appropriated under this section is not sufficient to fully pay obligations under this section, payments shall be prorated on an equal basis among all eligible districts, intermediate districts, and community college districts. Sec. 26c. (1) From the appropriation in section 11, there is allocated an amount not to exceed $610,000.00 $278,000.00 for 2015‑2016 AND THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $1,000,000.00 FOR 2016‑2017 to the promise zone fund created in subsection (3). (2) Funds allocated to the promise zone fund under this section shall be used solely for payments to eligible districts and intermediate districts that have a promise zone development plan approved by the department of treasury under section 7 of the Michigan promise zone authority act, 2008 PA 549, MCL 390.1667. (3) The promise zone fund is created as a separate account within the state school aid fund to be used solely for the purposes of the Michigan promise zone authority act, 2008 PA 549, MCL 390.1661 to 390.1679. All of the following apply to the promise zone fund: (a) The state treasurer shall direct the investment of the promise zone fund. The state treasurer shall credit to the promise zone fund interest and earnings from fund investments. (b) Money in the promise zone fund at the close of a fiscal year shall remain in the promise zone fund and shall not lapse to the general fund. (4) Subject to subsection (2), the state treasurer may make payments from the promise zone fund to eligible districts and intermediate districts pursuant to the Michigan promise zone authority act, 2008 PA 549, MCL 390.1661 to 390.1679, to be used for the purposes of a promise zone authority created under that act. Sec. 31a. (1) From the state school aid fund money appropriated in section 11, there is allocated for 2015‑2016 2016‑2017 an amount not to exceed $389,695,500.00 for payments to eligible districts, eligible public school academies, and the education achievement system for the purposes of ensuring that pupils are proficient in reading by the end of grade 3 and that high school graduates are career and college ready and for the purposes under subsections (7) and (8). (2) For a district or public school academy, or the education achievement system, to be eligible to receive funding under this section, other than funding under subsection (7) or (8), the sum of the district’s or public school academy’s or the education achievement system’s combined state and local revenue per membership pupil in the current state fiscal year, as calculated under section 20, must be less than or equal to the basic foundation allowance under section 20 for the current state fiscal year. (3) For a district or public school academy that operates grades K to 3, or the education achievement system, to be eligible to receive funding under this section, other than funding under subsection (7) or (8), the district or public school academy, or the education achievement system, must implement, for at least grades K to 3, a multi‑tiered system of supports that is an evidence‑based model that uses data‑driven problem solving to integrate academic and behavioral instruction and that uses intervention delivered to all pupils in varying intensities based on pupil needs. This multi‑tiered system of supports must provide at least all of the following essential elements: (a) Implements effective instruction for all learners. (b) Intervenes early. (c) Provides a multi‑tiered model of instruction and intervention that provides the following: (i) A core curriculum and classroom interventions available to all pupils that meet the needs of most pupils. (ii) Targeted group interventions. (iii) Intense individual interventions. (d) Monitors pupil progress to inform instruction. (e) Uses data to make instructional decisions. (f) Uses assessments including universal screening, diagnostics, and progress monitoring. (g) Engages families and the community. (h) Implements evidence‑based, scientifically validated, instruction and intervention. (i) Implements instruction and intervention practices with fidelity. (j) Uses a collaborative problem‑solving model. (4) Except as otherwise provided in this subsection, an eligible district or eligible public school academy or the education achievement system shall receive under this section for each membership pupil in the district or public school academy or the education achievement system who met the income eligibility criteria for free breakfast, lunch, or milk, as determined under the Richard B. Russell national school lunch act, 42 USC 1751 to 1769, and as reported to the department in the form and manner prescribed by the department not later than the fifth Wednesday after the pupil membership count day of the immediately preceding fiscal year and adjusted not later than December 31 of the immediately preceding fiscal year, an amount per pupil equal to 11.5% of the sum of the district’s foundation allowance or the public school academy’s or the education achievement system’s per pupil amount calculated under section 20 PLUS THE AMOUNT OF THE DISTRICT’S PER‑PUPIL ALLOCATION UNDER SECTION 20M, not to exceed the basic foundation allowance under section 20 for the current state fiscal year, or of the public school academy’s or the education achievement system’s per membership pupil No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1029 amount calculated under section 20 for the current state fiscal year. However, a public school academy that began operations as a public school academy, or an achievement school that began operations as an achievement school, OR A COMMUNITY DISTRICT THAT FIRST ENROLLS PUPILS, after the pupil membership count day of the immediately preceding school year shall receive under this section for each membership pupil in the public school academy, or in the education achievement system, OR IN THE COMMUNITY DISTRICT who met the income eligibility criteria for free breakfast, lunch, or milk, as determined under the Richard B. Russell national school lunch act and as reported to the department not later than the fifth Wednesday after the pupil membership count day of the current fiscal year and adjusted not later than December 31 of the current fiscal year, an amount per pupil equal to 11.5% of the public school academy’s, or the education achievement system’s, OR THE COMMUNITY DISTRICT’S per membership pupil amount calculated under section 20 for the current state fiscal year. (5) Except as otherwise provided in this section, a district or public school academy, or the education achievement system, receiving funding under this section shall use that money only to provide instructional programs and direct noninstructional services, including, but not limited to, medical, mental health, or counseling services, for at‑risk pupils; for school health clinics; and for the purposes of subsection (6), (7), (8), or (11). In addition, a district that is a school district of the first class or a district or public school academy in which at least 50% of the pupils in membership met the income eligibility criteria for free breakfast, lunch, or milk in the immediately preceding state fiscal year, as determined and reported as described in subsection (4), or the education achievement system if it meets this requirement, may use not more than 20% of the funds it receives under this section for school security. A district, the public school academy, or the education achievement system shall not use any of that money for administrative costs. The instruction or direct noninstructional services provided under this section may be conducted before or after regular school hours or by adding extra school days to the school year. (6) A district or public school academy that receives funds under this section and that operates a school breakfast program under section 1272a of the revised school code, MCL 380.1272a, or the education achievement system if it operates a school breakfast program, shall use from the funds received under this section an amount, not to exceed $10.00 per pupil for whom the district or public school academy or the education achievement system receives funds under this section, necessary to pay for costs associated with the operation of the school breakfast program. (7) From the funds allocated under subsection (1), there is allocated for 2015‑2016 2016‑2017 an amount not to exceed $3,557,300.00 $5,557,300.00 to support child and adolescent health centers. These grants shall be awarded for 5 consecutive years beginning with 2003‑2004 in a form and manner approved jointly by the department and the department of health and human services. Each grant recipient shall remain in compliance with the terms of the grant award or shall forfeit the grant award for the duration of the 5‑year period after the noncompliance. To continue to receive funding for a child and adolescent health center under this section a grant recipient shall ensure that the child and adolescent health center has an advisory committee and that at least one‑third of the members of the advisory committee are parents or legal guardians of school‑aged children. A child and adolescent health center program shall recognize the role of a child’s parents or legal guardian in the physical and emotional well‑being of the child. Funding under this subsection shall be used to support child and adolescent health center services provided to children up to age 21. If any funds allocated under this subsection are not used for the purposes of this subsection for the fiscal year in which they are allocated, those unused funds shall be used that fiscal year to avoid or minimize any proration that would otherwise be required under subsection (12) for that fiscal year. In addition to the funds otherwise allocated under this subsection, from the money allocated in subsection (1), there is allocated an amount not to exceed $2,000,000.00 for 2015‑2016 only for child and adolescent health centers to increase access to nurses and behavioral health services in schools, using 3 existing school clinics as hubs for services and using mobile teams to serve satellite school sites. (8) From the funds allocated under subsection (1), there is allocated for 2015‑2016 2016‑2017 an amount not to exceed $5,150,000.00 for the state portion of the hearing and vision screenings as described in section 9301 of the public health code, 1978 PA 368, MCL 333.9301. A local public health department shall pay at least 50% of the total cost of the screenings. The frequency of the screenings shall be as required under R 325.13091 to R 325.13096 and R 325.3271 to R 325.3276 of the Michigan administrative code. Funds shall be awarded in a form and manner approved jointly by the department and the department of health and human services. Notwithstanding section 17b, payments to eligible entities under this subsection shall be paid on a schedule determined by the department. (9) Each district or public school academy receiving funds under this section and the education achievement system shall submit to the department by July 15 of each fiscal year a report, not to exceed 10 pages, on the usage by the district or public school academy or the education achievement system of funds under this section, which report shall include a brief description of each program conducted or services performed by the district or public school academy or the education achievement system using funds under this section, the amount of funds under this section allocated to each of those programs or services, the total number of at‑risk pupils served by each of those programs or services, and the data necessary for the department and the department of health and human services to verify matching funds for the temporary assistance for needy families program. If a district or public school academy or the education achievement system does not comply with this subsection, the department shall withhold an amount equal to the August payment due under this section until the district or public school academy or the education achievement system complies with this subsection. If the district or public school academy or the education achievement system does not comply with this subsection by the end of the state fiscal year, the withheld funds shall be forfeited to the school aid fund. 1030 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (10) In order to receive funds under this section, a district or public school academy or the education achievement system shall allow access for the department or the department’s designee to audit all records related to the program for which it receives those funds. The district or public school academy or the education achievement system shall reimburse the state for all disallowances found in the audit. (11) Subject to subsections (6), (7), and (8), a district may use up to 100% of the funds it receives under this section to implement schoolwide reform in schools with 40% or more of their pupils identified as at‑risk pupils by providing supplemental instructional or noninstructional services consistent with the school improvement plan. (12) If necessary, and before any proration required under section 296, the department shall prorate payments under this section by reducing the amount of the per pupil payment under this section by a dollar amount calculated by determining the amount by which the amount necessary to fully fund the requirements of this section exceeds the maximum amount allocated under this section and then dividing that amount by the total statewide number of pupils who met the income eligibility criteria for free breakfast, lunch, or milk in the immediately preceding fiscal year, as described in subsection (4). (13) If a district is formed by consolidation after June 1, 1995, and if 1 or more of the original districts were not eligible before the consolidation for an additional allowance under this section, the amount of the additional allowance under this section for the consolidated district shall be based on the number of pupils described in subsection (1) enrolled in the consolidated district who reside in the territory of an original district that was eligible before the consolidation for an additional allowance under this section. In addition, if a district is dissolved pursuant to section 12 of the revised school code, MCL 380.12, the intermediate district to which the dissolved school district was constituent shall determine the estimated number of pupils that meet the income eligibility criteria for free breakfast, lunch, or milk, as described under subsection (4), enrolled in each of the other districts within the intermediate district and provide that estimate to the department for the purposes of distributing funds under this section within 60 days after the school district is declared dissolved. (14) As used in this section, “at‑risk pupil” means a pupil for whom the district has documentation that the pupil meets any of the following criteria: (a) Is a victim of child abuse or neglect. (b) Is a pregnant teenager or teenage parent. (c) Has a family history of school failure, incarceration, or substance abuse. (d) For pupils for whom the results of the state summative assessment have been received, is a pupil who did not achieve proficiency on the English language arts, mathematics, science, or social studies content area assessment. (e) Is a pupil who is at risk of not meeting the district’s core academic curricular objectives in English language arts or mathematics, as demonstrated on local assessments. (f) The pupil is enrolled in a priority or priority‑successor school, as defined in the elementary and secondary education act of 2001 flexibility waiver approved by the United States Department of Education. (g) In the absence of state or local assessment data, the pupil meets at least 2 of the following criteria, as documented in a form and manner approved by the department: (i) The pupil is eligible for free or reduced price breakfast, lunch, or milk. (ii) The pupil is absent more than 10% of enrolled days or 10 school days during the school year. (iii) The pupil is homeless. (iv) The pupil is a migrant. (v) The pupil is an English language learner. (vi) The pupil is an immigrant who has immigrated within the immediately preceding 3 years. (vii) The pupil did not complete high school in 4 years and is still continuing in school as identified in the Michigan cohort graduation and dropout report. (15) Beginning in 2018‑2019, if a district, public school academy, or the education achievement system does not demonstrate to the satisfaction of the department that at least 50% of at‑risk pupils are reading at grade level PROFICIENT IN ENGLISH LANGUAGE ARTS by the end of grade 3 as measured by the state assessment for the immediately preceding school year and demonstrate to the satisfaction of the department improvement over each of the 3 immediately preceding school years in the percentage of at‑risk pupils that are career‑ and college‑ready as determined by proficiency on the English language arts, mathematics, and science content area assessments on the grade 11 summative assessment under section 1279g(2)(a) of the revised school code, MCL 380.1279g, the district, public school academy, or education achievement system shall ensure all of the following: (a) The district, public school academy, or the education achievement system shall determine the proportion of total at‑risk pupils that represents the number of pupils in grade 3 that are not reading at grade level PROFICIENT IN ENGLISH LANGUAGE ARTS by the end of grade 3, and the district, public school academy, or the education achievement system shall expend that same proportion multiplied by 1/2 of its total at‑risk funds under this section on tutoring and other methods of improving grade 3 reading levels. ENGLISH LANGUAGE ARTS PROFICIENCY. (b) The district, public school academy, or the education achievement system shall determine the proportion of total at‑risk pupils that represent the number of pupils in grade 11 that are not career‑ and college‑ready as measured by the student’s score on the English language arts, mathematics, and science content area assessments on the grade 11 summative assessment under section 1279g(2)(a) of the revised school code, MCL 380.1279g, and the district, public school academy, or the education No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1031 achievement system shall expend that same proportion multiplied by 1/2 of its total at‑risk funds under this section on tutoring and other activities to improve scores on the college entrance examination portion of the Michigan merit examination. (16) As used in subsection (15), “total at‑risk pupils” means the sum of the number of pupils in grade 3 that are not reading at grade level PROFICIENT IN ENGLISH LANGUAGE ARTS by the end of third grade as measured on the state assessment and the number of pupils in grade 11 that are not career‑ and college‑ready as measured by the student’s score on the English language arts, mathematics, and science content area assessments on the grade 11 summative assessment under section 1279g(2)(a) of the revised school code, MCL 380.1279g. (17) A district or public school academy that receives funds under this section or the education achievement system may use funds received under this section to provide an anti‑bullying or crisis intervention program. (18) The department shall collaborate with the department of health and human services to prioritize assigning Pathways to Potential Success coaches to elementary schools that have a high percentage of pupils in grades K to 3 who are not reading at grade level. SEC. 31B. (1) FROM THE APPROPRIATIONS IN SECTION 11, THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $1,500,000.00 FOR 2016‑2017 FOR GRANTS TO AT‑RISK DISTRICTS FOR IMPLEMENTING A YEAR‑ROUND INSTRUCTIONAL PROGRAM FOR AT LEAST 1 OF ITS SCHOOLS. (2) THE DEPARTMENT SHALL SELECT DISTRICTS FOR GRANTS UNDER THIS SECTION FROM AMONG APPLICANT DISTRICTS THAT MEET BOTH OF THE FOLLOWING: (A) THE DISTRICT MEETS 1 OR BOTH OF THE FOLLOWING: (i) IS ELIGIBLE IN 2016‑2017 FOR THE COMMUNITY ELIGIBILITY OPTION FOR FREE AND REDUCED PRICE LUNCH UNDER 42 USC 1759A. (ii) AT LEAST 50% OF THE PUPILS IN MEMBERSHIP IN THE DISTRICT MET THE INCOME ELIGIBILITY CRITERIA FOR FREE BREAKFAST, LUNCH, OR MILK IN THE IMMEDIATELY PRECEDING STATE FISCAL YEAR, AS DETERMINED UNDER THE RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT, 42 USC 1751 TO 1769I. (B) THE BOARD OF THE DISTRICT HAS ADOPTED A RESOLUTION STATING THAT THE DISTRICT WILL IMPLEMENT FOR THE FIRST TIME A YEAR‑ROUND INSTRUCTIONAL CALENDAR THAT WILL BEGIN IN 2017‑2018 FOR AT LEAST 1 SCHOOL OPERATED BY THE DISTRICT AND COMMITTING TO PROVIDING THE YEAR‑ROUND INSTRUCTIONAL CALENDAR IN EACH OF THOSE SCHOOLS FOR AT LEAST 3 SCHOOL YEARS. (3) A DISTRICT SEEKING A GRANT UNDER THIS SECTION SHALL APPLY TO THE DEPARTMENT IN THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT NOT LATER THAN DECEMBER 1, 2016. THE DEPARTMENT SHALL SELECT DISTRICTS FOR GRANTS AND MAKE NOTIFICATION NOT LATER THAN FEBRUARY 1, 2017. (4) THE DEPARTMENT SHALL AWARD GRANTS UNDER THIS SECTION ON A COMPETITIVE BASIS, BUT SHALL GIVE PRIORITY BASED SOLELY ON CONSIDERATION OF THE FOLLOWING CRITERIA: (A) GIVING PRIORITY TO DISTRICTS THAT, AS OF JUNE 30, 2016, HAD LOWER GENERAL FUND BALANCES AS A PERCENTAGE OF REVENUES. (B) GIVING PRIORITY TO DISTRICTS THAT OPERATE AT LEAST 1 SCHOOL THAT HAS BEEN IDENTIFIED BY THE DEPARTMENT AS EITHER A PRIORITY SCHOOL OR A FOCUS SCHOOL. (C) ENSURING THAT GRANT FUNDING INCLUDES BOTH RURAL AND URBAN DISTRICTS. (5) THE AMOUNT OF A GRANT UNDER THIS SECTION TO ANY 1 DISTRICT SHALL NOT EXCEED $750,000.00. (6) A GRANT PAYMENT UNDER THIS SECTION TO A DISTRICT SHALL BE USED FOR NECESSARY MODIFICATIONS TO INSTRUCTIONAL FACILITIES AND OTHER NONRECURRING COSTS OF PREPARING FOR THE OPERATION OF A YEAR‑ROUND INSTRUCTIONAL PROGRAM AS APPROVED BY THE DEPARTMENT. (7) A DISTRICT RECEIVING A GRANT UNDER THIS SECTION IS NOT REQUIRED TO PROVIDE MORE THAN THE MINIMUM NUMBER OF DAYS AND HOURS OF PUPIL INSTRUCTION PRESCRIBED UNDER SECTION 101, BUT SHALL SPREAD AT LEAST THOSE MINIMUM AMOUNTS OF PUPIL INSTRUCTION OVER THE ENTIRE YEAR IN EACH OF ITS SCHOOLS IN WHICH A YEAR‑ROUND INSTRUCTIONAL CALENDAR IS IMPLEMENTED. THE DISTRICT SHALL COMMIT TO PROVIDING THE YEAR‑ROUND INSTRUCTIONAL CALENDAR IN EACH OF THOSE SCHOOLS FOR AT LEAST 3 SCHOOL YEARS. (8) FOR A DISTRICT RECEIVING A GRANT UNDER THIS SECTION, EXCESSIVE HEAT IS CONSIDERED TO BE A CONDITION NOT WITHIN THE CONTROL OF SCHOOL AUTHORITIES FOR THE PURPOSE OF DAYS OR HOURS BEING COUNTED AS DAYS OR HOURS OF PUPIL INSTRUCTION UNDER SECTION 101(4). (9) NOTWITHSTANDING SECTION 17B, GRANT PAYMENTS TO DISTRICTS UNDER THIS SECTION SHALL BE PAID ON A SCHEDULE DETERMINED BY THE DEPARTMENT. Sec. 31c. (1) from the funds appropriated in section 11, there is allocated an amount not to exceed $1,000,000.00 for 2015‑2016 $3,000,000.00 FOR 2016‑2017 for programs intended to improve public safety, reduce the number of youth involved in gang‑related activity, and increase high school graduation rates. 1032 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (2) The department shall award grants to districts that form partnerships with nonprofit organizations, law enforcement, and other community resources to provide programs that divert young adults from gang‑related criminal activity. (3) Grants awarded under this section may include, but are not limited to, grants for any of the following activities: (a) Employment training and placement programs. (b) Counseling services. (c) Assistance to program participants in accessing community resources for continuing education, court advocacy, and health care. (d) Outreach programs to educate participants and their families. (4) Each grant recipient under this section shall partner with a university to collect data necessary to evaluate the effectiveness of programs in reducing violent crime and gang‑related activity in the community AND PROVIDE A REPORT ON THIS EVALUATION TO THE SENATE AND HOUSE APPROPRIATIONS SUBCOMMITTEES ON SCHOOL AID NOT LATER THAN DECEMBER 1, 2017. Sec. 31d. (1) From the appropriations in section 11, there is allocated an amount not to exceed $22,495,100.00 for 2015‑2016 2016‑2017 for the purpose of making payments to districts and other eligible entities under this section. (2) The amounts allocated from state sources under this section shall be used to pay the amount necessary to reimburse districts for 6.0127% of the necessary costs of the state mandated portion of the school lunch programs provided by those districts. The amount due to each district under this section shall be computed by the department using the methods of calculation adopted by the Michigan supreme court in the consolidated cases known as Durant v State of Michigan, Michigan supreme court docket no. 104458‑104492. (3) The payments made under this section include all state payments made to districts so that each district receives at least 6.0127% of the necessary costs of operating the state mandated portion of the school lunch program in a fiscal year. (4) The payments made under this section to districts and other eligible entities that are not required under section 1272a of the revised school code, MCL 380.1272a, to provide a school lunch program shall be in an amount not to exceed $10.00 per eligible pupil plus 5 cents for each free lunch and 2 cents for each reduced price lunch provided, as determined by the department. (5) From the federal funds appropriated in section 11, there is allocated for 2015‑2016 2016‑2017 all available federal funding, estimated at $510,000,000.00 for the national school lunch program and all available federal funding, estimated at $3,200,000.00 for the emergency food assistance program. (6) Notwithstanding section 17b, payments to eligible entities other than districts under this section shall be paid on a schedule determined by the department. (7) In purchasing food for a school lunch program funded under this section, preference shall be given to food that is grown or produced by Michigan businesses if it is competitively priced and of comparable quality. Sec. 31f. (1) From the appropriations in section 11, there is allocated an amount not to exceed $5,625,000.00 $2,500,000.00 for 2015‑2016 AND THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $2,500,000.00 FOR 2016‑2017 for the purpose of making payments to districts to reimburse for the cost of providing breakfast. (2) The funds allocated under this section for school breakfast programs shall be made available to all eligible applicant districts that meet all of the following criteria: (a) The district participates in the federal school breakfast program and meets all standards as prescribed by 7 CFR parts 220 and 245. (b) Each breakfast eligible for payment meets the federal standards described in subdivision (a). (3) The payment for a district under this section is at a per meal rate equal to the lesser of the district’s actual cost or 100% of the statewide average cost of a breakfast served, as determined and approved by the department, less federal reimbursement, participant payments, and other state reimbursement. The statewide average cost shall be determined by the department using costs as reported in a manner approved by the department for the preceding school year. (4) Notwithstanding section 17b, payments under this section may be made pursuant to an agreement with the department. (5) In purchasing food for a school breakfast program funded under this section, preference shall be given to food that is grown or produced by Michigan businesses if it is competitively priced and of comparable quality. Sec. 31h. From the funds appropriated in section 11, there is allocated an amount not to exceed $300,000.00 for 2015‑2016 2016‑2017 for the purpose of providing funding to a district that educates high school pupils from another district that voluntarily closed its high school program in 2013. The funding under this section is intended to be for the first SECOND of 2 years, unless it is determined that the federal elementary and secondary education act allows federal title I funds that previously supported the high school pupils in their resident district to instead be provided to the educating district. Funding under this section shall be used to support the additional costs of educating high school pupils in a manner that is similar to the way title I funds provided additional support to the education of those pupils when they were educated in their resident district high school program before its closure in 2013. SEC. 31J. (1) FROM THE GENERAL FUND MONEY APPROPRIATED IN SECTION 11, THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $250,000.00 FOR 2016‑2017 FOR A PILOT PROJECT TO SUPPORT DISTRICTS IN THE PURCHASE OF LOCALLY GROWN FRUITS AND VEGETABLES AS DESCRIBED IN THIS SECTION. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1033 (2) THE DEPARTMENT SHALL PROVIDE FUNDING TO PROSPERITY REGIONS 2 AND 4 FOR THE PILOT PROJECT DESCRIBED UNDER THIS SECTION. FROM THE FUNDING IDENTIFIED IN SUBSECTION (1), FUNDING RETAINED BY THE PROSPERITY REGIONS FOR ADMINISTRATION OF THE PROJECT SHALL NOT EXCEED 10%, AND FUNDING RETAINED BY THE DEPARTMENT FOR ADMINISTRATION SHALL NOT EXCEED 6%. (3) THE DEPARTMENT SHALL DEVELOP AND IMPLEMENT A COMPETITIVE GRANT PROGRAM FOR DISTRICTS WITHIN THE IDENTIFIED PROSPERITY REGIONS TO ASSIST IN PAYING FOR THE COSTS INCURRED BY THE DISTRICT TO PURCHASE OR INCREASE PURCHASES OF WHOLE OR MINIMALLY PROCESSED FRUITS, VEGETABLES, AND LEGUMES GROWN IN THIS STATE. THE MAXIMUM AMOUNT THAT MAY BE DRAWN DOWN ON A GRANT TO A DISTRICT SHALL BE BASED ON THE NUMBER OF MEALS SERVED BY THE SCHOOL DISTRICT DURING THE PREVIOUS SCHOOL YEAR UNDER THE RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT, 42 USC 1751 TO 1769. THE DEPARTMENT SHALL COLLABORATE WITH THE MICHIGAN DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT TO PROVIDE TRAINING TO NEWLY PARTICIPATING SCHOOLS AND ELECTRONIC INFORMATION ON MICHIGAN AGRICULTURE. (4) THE GOALS OF THE PILOT PROJECT INCLUDE IMPROVING DAILY NUTRITION AND EATING HABITS FOR CHILDREN THROUGH THE SCHOOL SETTINGS WHILE INVESTING IN MICHIGAN’S AGRICULTURAL AND RELATED FOOD BUSINESS ECONOMY. (5) A DISTRICT THAT RECEIVES A GRANT UNDER THIS SECTION SHALL USE THOSE FUNDS FOR THE COSTS INCURRED BY THE SCHOOL DISTRICT TO PURCHASE WHOLE OR MINIMALLY PROCESSED FRUITS, VEGETABLES, AND LEGUMES THAT MEET ALL OF THE FOLLOWING: (A) ARE PURCHASED ON OR AFTER THE DATE THE DISTRICT RECEIVED NOTIFICATION FROM THE DEPARTMENT OF THE AMOUNT TO BE DISTRIBUTED TO THE DISTRICT UNDER THIS SUBSECTION, INCLUDING PURCHASES MADE TO LAUNCH MEALS IN SEPTEMBER 2016 FOR THE 2016‑2017 SCHOOL YEAR. (B) ARE GROWN IN THIS STATE AND, IF MINIMALLY PROCESSED, ARE ALSO PROCESSED IN THIS STATE. (C) ARE USED FOR MEALS THAT ARE SERVED AS PART OF THE UNITED STATES DEPARTMENT OF AGRICULTURE’S CHILD NUTRITION PROGRAMS. (6) FOR MICHIGAN‑GROWN FRUITS, VEGETABLES, AND LEGUMES THAT SATISFY THE REQUIREMENTS OF SUBSECTION (5), MATCHING REIMBURSEMENTS SHALL BE MADE IN AN AMOUNT NOT TO EXCEED 10 CENTS FOR EVERY SCHOOL MEAL THAT IS SERVED AS PART OF THE UNITED STATES DEPARTMENT OF AGRICULTURE’S CHILD NUTRITION PROGRAMS AND THAT USES MICHIGAN‑GROWN FRUITS, VEGETABLES, AND LEGUMES. (7) A DISTRICT THAT RECEIVES A GRANT FOR REIMBURSEMENT UNDER THIS SECTION SHALL USE THE GRANT TO PURCHASE WHOLE OR MINIMALLY PROCESSED FRUITS, VEGETABLES, AND LEGUMES THAT ARE GROWN IN THIS STATE AND, IF MINIMALLY PROCESSED, ARE ALSO PROCESSED IN THIS STATE. (8) IN AWARDING GRANTS UNDER THIS SECTION, THE DEPARTMENT SHALL WORK IN CONJUNCTION WITH PROSPERITY REGION OFFICES, IN CONSULTATION WITH MICHIGAN‑BASED FARM TO SCHOOL RESOURCE ORGANIZATIONS, TO DEVELOP SCORING CRITERIA THAT ASSESS AN APPLICANT’S ABILITY TO PROCURE MICHIGAN‑GROWN PRODUCTS, PREPARE AND MENU MICHIGAN‑GROWN PRODUCTS, PROMOTE AND MARKET MICHIGAN‑GROWN PRODUCTS, AND SUBMIT LETTERS OF INTENT FROM DISTRICTS ON PLANS FOR EDUCATIONAL ACTIVITIES THAT PROMOTE THE GOALS OF THE PROGRAM. (9) THE DEPARTMENT SHALL GIVE PREFERENCE TO DISTRICTS THAT PROPOSE EDUCATIONAL ACTIVITIES THAT MEET 1 OR MORE OF THE FOLLOWING: PROMOTE HEALTHY FOOD ACTIVITIES; HAVE CLEAR EDUCATIONAL OBJECTIVES; INVOLVE PARENTS OR THE COMMUNITY; AND CONNECT TO A SCHOOL’S FARM‑TO‑SCHOOL PROCUREMENT ACTIVITIES. (10) IN AWARDING GRANTS, THE DEPARTMENT SHALL ALSO CONSIDER ALL OF THE FOLLOWING: THE PERCENTAGE OF CHILDREN WHO QUALIFY FOR FREE OR REDUCED PRICE SCHOOL MEALS UNDER THE RICHARD B. RUSSELL NATIONAL SCHOOL LUNCH ACT, 42 USC 1751 TO 1769; THE VARIETY OF SCHOOL SIZES AND GEOGRAPHIC LOCATIONS WITHIN THE IDENTIFIED PROSPERITY REGIONS; AND EXISTING OR FUTURE COLLABORATION OPPORTUNITIES BETWEEN MORE THAN 1 DISTRICT IN A PROSPERITY REGION. (11) AS A CONDITION OF RECEIVING A GRANT UNDER THIS SECTION, A DISTRICT SHALL PROVIDE OR DIRECT ITS VENDORS TO PROVIDE TO PROSPERITY REGION OFFICES COPIES OF MONTHLY RECEIPTS THAT SHOW THE QUANTITY OF DIFFERENT MICHIGAN‑GROWN FRUITS, VEGETABLES, AND LEGUMES PURCHASED, THE AMOUNT OF MONEY SPENT ON EACH OF THESE PRODUCTS, AND THE NAME AND MICHIGAN LOCATION OF THE FARM THAT GREW THE PRODUCTS. THE DISTRICT SHALL ALSO PROVIDE 1034 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 TO THE PROSPERITY REGION MONTHLY LUNCH NUMBERS AND LUNCH PARTICIPATION RATES, AND CALENDARS OR MONTHLY MENUS NOTING WHEN AND HOW MICHIGAN‑GROWN PRODUCTS WERE USED IN MEALS. THE DISTRICT AND SCHOOL FOOD SERVICE DIRECTOR OR DIRECTORS ALSO SHALL AGREE TO RESPOND TO BRIEF ONLINE SURVEYS AND TO PROVIDE A REPORT THAT SHOWS THE PERCENTAGE RELATIONSHIP OF MICHIGAN SPENDING COMPARED TO TOTAL FOOD SPENDING. NOT LATER THAN MARCH 1, 2017, EACH PROSPERITY REGION OFFICE SHALL SUBMIT A REPORT TO THE DEPARTMENT ON EXPECTED OUTCOMES AND RELATED MEASUREMENTS FOR ECONOMIC DEVELOPMENT AND CHILDREN’S NUTRITION AND READINESS TO LEARN BASED ON PROGRESS SO FAR. THE REPORT SHALL INCLUDE AT LEAST ALL OF THE FOLLOWING: (A) THE EXTENT TO WHICH FARMERS AND RELATED BUSINESSES, INCLUDING DISTRIBUTORS AND PROCESSORS, SEE AN INCREASE IN MARKET OPPORTUNITIES AND INCOME GENERATION THROUGH SALES OF MICHIGAN OR LOCAL PRODUCTS TO DISTRICTS. ALL OF THE FOLLOWING APPLY FOR PURPOSES OF THIS SUBDIVISION: (i) THE DATA USED TO DETERMINE THE AMOUNT OF THIS INCREASE SHALL BE THE TOTAL DOLLAR AMOUNT OF MICHIGAN OR LOCAL FRUITS, VEGETABLES, AND LEGUMES PURCHASED BY SCHOOLS, ALONG WITH THE NUMBER OF DIFFERENT TYPES OF PRODUCTS PURCHASED; SCHOOL FOOD PURCHASING TRENDS IDENTIFIED ALONG WITH PRODUCTS THAT ARE OF NEW AND GROWING INTEREST AMONG FOOD SERVICE DIRECTORS; THE NUMBER OF BUSINESSES IMPACTED; AND THE PERCENTAGE OF TOTAL FOOD BUDGET SPENT ON MICHIGAN‑GROWN FRUITS, VEGETABLES, AND LEGUMES. (ii) THE PROSPERITY REGION OFFICE SHALL USE PURCHASING DATA COLLECTED FOR THE PROJECT AND SURVEYS OF SCHOOL FOOD SERVICE DIRECTORS ON THE IMPACT AND SUCCESS OF THE PROJECT AS THE SOURCE FOR THE DATA DESCRIBED IN SUBPARAGRAPH (i). (B) THE ABILITY TO WHICH PUPILS CAN ACCESS A VARIETY OF HEALTHY MICHIGAN‑GROWN FOODS THROUGH SCHOOLS AND INCREASE THEIR CONSUMPTION OF THOSE FOODS. ALL OF THE FOLLOWING APPLY FOR PURPOSES OF THIS SUBDIVISION: (i) THE DATA USED TO DETERMINE WHETHER THIS SUBPARAGRAPH IS MET SHALL BE THE NUMBER OF PUPILS EXPOSED TO MICHIGAN‑GROWN FRUITS, VEGETABLES, AND LEGUMES AT SCHOOLS; THE VARIETY OF PRODUCTS SERVED; NEW ITEMS TASTE‑TESTED OR PLACED ON MENUS; AND THE INCREASE IN PUPIL WILLINGNESS TO TRY NEW LOCAL, HEALTHY FOODS. (ii) THE PROSPERITY REGION OFFICE SHALL USE PURCHASING DATA COLLECTED FOR THE PROJECT, MEAL COUNT AND ENROLLMENT NUMBERS, SCHOOL MENU CALENDARS, AND SURVEYS OF SCHOOL FOOD SERVICE DIRECTORS AS THE SOURCE FOR THE DATA DESCRIBED IN SUBPARAGRAPH (i). (12) THE DEPARTMENT SHALL COMPILE THE REPORTS PROVIDED BY PROSPERITY REGION OFFICES UNDER SUBSECTION (11) INTO 1 LEGISLATIVE REPORT. THE DEPARTMENT SHALL PROVIDE THIS REPORT NOT LATER THAN APRIL 1, 2017 TO THE HOUSE AND SENATE SUBCOMMITTEES RESPONSIBLE FOR SCHOOL AID, THE HOUSE AND SENATE FISCAL AGENCIES, AND THE STATE BUDGET DIRECTOR. Sec. 32d. (1) From the funds appropriated in section 11, there is allocated to eligible intermediate districts and consortia of intermediate districts for great start readiness programs an amount not to exceed $243,600,000.00 for 2015‑2016. 2016‑2017. Funds allocated under this section for great start readiness programs shall be used to provide part‑day, school‑day, or GSRP/ head start blended comprehensive free compensatory classroom programs designed to improve the readiness and subsequent achievement of educationally disadvantaged children who meet the participant eligibility and prioritization guidelines as defined by the department. For a child to be eligible to participate in a program under this section, the child shall be at least 4, but less than 5, years of age as of the date specified for determining a child’s eligibility to attend school under section 1147 of the revised school code, MCL 380.1147.SEPTEMBER 1 OF THE SCHOOL YEAR IN WHICH THE PROGRAM IS OFFERED AND SHALL MEET THOSE ELIGIBILITY AND PRIORITIZATION GUIDELINES. (2) Funds allocated under subsection (1) shall be allocated to intermediate districts or consortia of intermediate districts based on the formula in section 39. An intermediate district or consortium of intermediate districts receiving funding under this section shall act as the fiduciary for the great start readiness programs. In order to be eligible to receive funds allocated under this subsection from an intermediate district or consortium of intermediate districts, a district, a consortium of districts, or a public or private for‑profit or nonprofit legal entity or agency shall comply with this section and section 39. (3) In addition to the allocation under subsection (1), from the general fund money appropriated under section 11, there is allocated an amount not to exceed $300,000.00 for 2015‑2016 2016‑2017 for a competitive grant to continue a longitudinal evaluation of children who have participated in great start readiness programs. (4) To be eligible for funding under this section, a program shall prepare children for success in school through comprehensive part‑day, school‑day, or GSRP/head start blended programs that contain all of the following program components, as determined by the department: (a) Participation in a collaborative recruitment and enrollment process to assure that each child is enrolled in the program most appropriate to his or her needs and to maximize the use of federal, state, and local funds. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1035 (b) An age‑appropriate educational curriculum that is in compliance with the early childhood standards of quality for prekindergarten children adopted by the state board. (c) Nutritional services for all program participants supported by federal, state, and local resources as applicable. (d) Physical and dental health and developmental screening services for all program participants. (e) Referral services for families of program participants to community social service agencies, including mental health services, as appropriate. (f) Active and continuous involvement of the parents or guardians of the program participants. (g) A plan to conduct and report annual great start readiness program evaluations and continuous improvement plans using criteria approved by the department. (h) Participation in a school readiness advisory committee convened as a workgroup of the great start collaborative that provides for the involvement of classroom teachers, parents or guardians of program participants, and community, volunteer, and social service agencies and organizations, as appropriate. The advisory committee annually shall review and make recommendations regarding the program components listed in this subsection. The advisory committee also shall make recommendations to the great start collaborative regarding other community services designed to improve all children’s school readiness. (i) The ongoing articulation of the kindergarten and first grade programs offered by the program provider. (j) Participation in this state’s great start to quality process with a rating of at least 3 stars. (5) An application for funding under this section shall provide for the following, in a form and manner determined by the department: (a) Ensure compliance with all program components described in subsection (4). (b) Except as otherwise provided in this subdivision, ensure that at least 90% of the children participating in an eligible great start readiness program for whom the intermediate district is receiving funds under this section are children who live with families with a household income that is equal to or less than 250% of the federal poverty level. If the intermediate district determines that all eligible children are being served and that there are no children on the waiting list under section 39(1)(d) who live with families with a household income that is equal to or less than 250% of the federal poverty level, the intermediate district may then enroll children who live with families with a household income that is equal to or less than 300% of the federal poverty level. The enrollment process shall consider income and risk factors, such that children determined with higher need are enrolled before children with lesser need. For purposes of this subdivision, all age‑eligible children served in foster care or who are experiencing homelessness or who have individualized education plans recommending placement in an inclusive preschool setting shall be considered to live with families with household income equal to or less than 250% of the federal poverty level regardless of actual family income AND SHALL BE PRIORITIZED FOR ENROLLMENT WITHIN THE LOWEST QUINTILE. (c) Ensure that the applicant only uses qualified personnel for this program, as follows: (i) Teachers possessing proper training. A lead teacher must have a valid teaching certificate with an early childhood (ZA or ZS) endorsement or a bachelor’s OR HIGHER degree in child development or early child development CHILDHOOD EDUCATION with specialization in preschool teaching. However, if an applicant demonstrates to the department that it is unable to fully comply with this subparagraph after making reasonable efforts to comply, teachers who have significant but incomplete training in early childhood education or child development may be used if the applicant provides to the department, and the department approves, a plan for each teacher to come into compliance with the standards in this subparagraph. A teacher’s compliance plan must be completed within 2 years of the date of employment. Progress toward completion of the compliance plan shall consist of at least 2 courses per calendar year. (ii) Paraprofessionals possessing proper training in early childhood development, EDUCATION, including an associate’s degree in early childhood education or child development or the equivalent, or a child development associate (CDA) credential. However, if an applicant demonstrates to the department that it is unable to fully comply with this subparagraph after making reasonable efforts to comply, the applicant may use paraprofessionals who have completed at least 1 course that earns college credit in early childhood education or child development if the applicant provides to the department, and the department approves, a plan for each paraprofessional to come into compliance with the standards in this subparagraph. A paraprofessional’s compliance plan must be completed within 2 years of the date of employment. Progress toward completion of the compliance plan shall consist of at least 2 courses or 60 clock hours of training per calendar year. (d) Include a program budget that contains only those costs that are not reimbursed or reimbursable by federal funding, that are clearly and directly attributable to the great start readiness program, and that would not be incurred if the program were not being offered. Eligible costs include transportation costs. The program budget shall indicate the extent to which these funds will supplement other federal, state, local, or private funds. Funds received under this section shall not be used to supplant any federal funds received by the applicant to serve children eligible for a federally funded preschool program that has the capacity to serve those children. (6) For a grant recipient that enrolls pupils in a school‑day program funded under this section, each child enrolled in the school‑day program shall be counted as 2 children served by the program DESCRIBED IN SECTION 39 for purposes of determining the number of children to be served and for determining the amount of the grant award. A grant award shall not be increased solely on the basis of providing a school‑day program. 1036 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (7) For a grant recipient that enrolls pupils in a GSRP/head start blended program, the grant recipient shall ensure that all head start and GSRP policies and regulations are applied to the blended slots, with adherence to the highest standard from either program, to the extent allowable under federal law. (8) An intermediate district or consortium of intermediate districts receiving a grant under this section shall designate an early childhood coordinator, and may provide services directly or may contract with 1 or more districts or public or private for‑profit or nonprofit providers that meet all requirements of subsection (4).SUBSECTIONS (4) AND (5). (9) Funds received under this section may be retained for administrative services as follows: (a) For the portion of the total grant amount for which services are provided directly by an intermediate district or consortium of intermediate districts, the intermediate district or consortium of intermediate districts may retain an amount equal to not more than 7% of that portion of the grant amount. (b) For the portion of the total grant amount for which services are contracted, the intermediate district or consortium of intermediate districts receiving the grant may retain an amount equal to not more than 4% of that portion of the grant amount and the subrecipients engaged by the intermediate district to provide program services may retain for administrative services an amount equal to not more than 4% of that portion of the grant amount. (9) AN INTERMEDIATE DISTRICT OR CONSORTIUM OF INTERMEDIATE DISTRICTS MAY RETAIN FOR ADMINISTRATIVE SERVICES PROVIDED BY THE INTERMEDIATE DISTRICT OR CONSORTIUM OF INTERMEDIATE DISTRICTS AN AMOUNT NOT TO EXCEED 4% OF THE GRANT AMOUNT. EXPENSES INCURRED BY SUBRECIPIENTS ENGAGED BY THE INTERMEDIATE DISTRICT OR CONSORTIUM OF INTERMEDIATE DISTRICTS FOR DIRECTLY RUNNING PORTIONS OF THE PROGRAM SHALL BE CONSIDERED PROGRAM COSTS OR A CONTRACTED PROGRAM FEE FOR SERVICE. (10) An intermediate district or consortium of intermediate districts may expend not more than 2% of the total grant amount for outreach, recruiting, and public awareness of the program. (11) Each grant recipient shall enroll children identified under subsection (5)(b) according to how far the child’s household income is below 250% of the federal poverty level by ranking each applicant child’s household income from lowest to highest and dividing the applicant children into quintiles based on how far the child’s household income is below 250% of the federal poverty level, and then enrolling children in the quintile with the lowest household income before enrolling children in the quintile with the next lowest household income until slots are completely filled. If the grant recipient determines that all eligible children are being served and that there are no children on the waiting list under section 39(1)(d) who live with families with a household income that is equal to or less than 250% of the federal poverty level, the grant recipient may then enroll children who live with families with a household income that is equal to or less than 300% of the federal poverty level. The enrollment process shall consider income and risk factors, such that children determined with higher need are enrolled before children with lesser need. For purposes of this subdivision, all age‑eligible children served in foster care or who are experiencing homelessness or who have individualized education plans recommending placement in an inclusive preschool setting shall be considered to live with families with household income equal to or less than 250% of the federal poverty level regardless of actual family income AND SHALL BE PRIORITIZED FOR ENROLLMENT WITHIN THE LOWEST QUINTILE. (12) An intermediate district or consortium of intermediate districts receiving a grant under this section shall allow parents of eligible children who are residents of the intermediate district or within the consortium to choose a program operated by or contracted with another intermediate district or consortium of intermediate districts and shall pay to the educating intermediate district or consortium the per‑child amount attributable to each child enrolled pursuant to this sentence, as determined under section 39.ENTER INTO A WRITTEN AGREEMENT REGARDING PAYMENT, IN A MANNER PRESCRIBED BY THE DEPARTMENT. (13) An intermediate district or consortium of intermediate districts receiving a grant under this section shall conduct a local process to contract with interested and eligible public and private for‑profit and nonprofit community‑based providers that meet all requirements of subsection (4) for at least 30% of its total slot allocation. FOR THE PURPOSES OF THIS 30% ALLOCATION, AN INTERMEDIATE DISTRICT OR CONSORTIUM OF INTERMEDIATE DISTRICTS MAY COUNT CHILDREN SERVED BY A HEAD START GRANTEE OR DELEGATE IN A BLENDED HEAD START AND GREAT START READINESS SCHOOL‑DAY PROGRAM. CHILDREN SERVED IN A PROGRAM FUNDED ONLY THROUGH HEAD START SHALL NOT BE COUNTED TOWARD THIS 30% ALLOCATION. The intermediate district or consortium shall report to the department, in a manner prescribed by the department, a detailed list of community‑based providers by provider type, including private for‑profit, private nonprofit, community college or university, head start grantee or delegate, and district or intermediate district, and the number and proportion of its total slot allocation allocated to each provider as subrecipient. If the intermediate district or consortium is not able to contract for at least 30% of its total slot allocation, the grant recipient shall notify the department and, if the department verifies that the intermediate district or consortium attempted to contract for at least 30% of its total slot allocation and was not able to do so, then the intermediate district or consortium may retain and use all of its allocated slots as provided under this section. To be able to use this exemption, the intermediate district or consortium shall demonstrate to the department that the intermediate district or consortium increased the percentage of its total slot allocation for which it contracts with a community‑based provider and the intermediate district or consortium shall submit evidence satisfactory to the department, and the department must be able to No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1037 verify this evidence, demonstrating that the intermediate district or consortium took measures to contract for at least 30% of its total slot allocation as required under this subsection, including, but not limited to, at least all of the following measures: (a) The intermediate district or consortium notified each NONPARTICIPATING licensed child care center located in the service area of the intermediate district or consortium at least twice regarding the center’s eligibility to participate, IN A MANNER PRESCRIBED BY THE DEPARTMENT. One of these notifications may be made electronically, but at least 1 of these notifications shall be made via hard copy through the United States mail. At least 1 of these notifications shall be made within 7 days after the intermediate district or consortium receives notice from the department of its slot allocations. (b) The intermediate district or consortium provided to each NONPARTICIPATING licensed child care center located in the service area of the intermediate district or consortium information regarding great start readiness program requirements and a description of the application and selection process for community‑based providers. (c) The intermediate district or consortium provided to the public and to participating families a list of community‑based great start readiness program subrecipients with a great start to quality rating of at least 3 stars. (14) If an intermediate district or consortium of intermediate districts receiving a grant under this section fails to submit satisfactory evidence to demonstrate its effort to contract for at least 30% of its total slot allocation, as required under subsection (1), the department shall reduce the slots allocated to the intermediate district or consortium by a percentage equal to the difference between the percentage of an intermediate district’s or consortium’s total slot allocation awarded to community‑based providers and 30% of its total slot allocation. (15) In order to assist intermediate districts and consortia in complying with the requirement to contract with community‑based providers for at least 30% of their total slot allocation, the department shall do all of the following: (a) Ensure that a great start resource center or the department provides each intermediate district or consortium receiving a grant under this section with the contact information for each licensed child care center located in the service area of the intermediate district or consortium by March 1 of each year. (b) Provide, or ensure that an organization with which the department contracts provides, a community‑based provider with a validated great start to quality rating within 90 days of the provider’s having submitted a request and self‑assessment. (c) Ensure that all intermediate district, district, community college or university, head start grantee or delegate, private for‑profit, and private nonprofit providers are subject to a single great start to quality rating system. The rating system shall ensure that regulators process all prospective providers at the same pace on a first‑come, first‑served basis and shall not allow 1 type of provider to receive a great start to quality rating ahead of any other type of provider. (d) Not later than November DECEMBER 1 of each year, compile the results of the information reported by each intermediate district or consortium under subsection (10) and report to the legislature a list by intermediate district or consortium with the number and percentage of each intermediate district’s or consortium’s total slot allocation allocated to community‑based providers by provider type, including private for‑profit, private nonprofit, community college or university, head start grantee or delegate, and district or intermediate district. (16) A recipient of funds under this section shall report to the department in a form and manner prescribed by the department the number of children participating in the program who meet the income eligibility criteria under subsection (5)(b) and the total number of children participating in the program. For children participating in the program who meet the income eligibility criteria specified under subsection (5)(b), a recipient shall also report whether or not a parent is available to provide care based on employment status. For the purposes of this subsection, “employment status” shall be defined by the department of health and human services in a manner consistent with maximizing the amount of spending that may be claimed for temporary assistance for needy families maintenance of effort purposes. (17) As used in this section: (a) “GSRP/head start blended program” means a part‑day program funded under this section and a head start program, which are combined for a school‑day program. (b) “Part‑day program” means a program that operates at least 4 days per week, 30 weeks per year, for at least 3 hours of teacher‑child contact time per day but for fewer hours of teacher‑child contact time per day than a school‑day program. (c) “School‑day program” means a program that operates for at least the same length of day as a district’s first grade program for a minimum of 4 days per week, 30 weeks per year. A classroom that offers a school‑day program must enroll all children for the school day to be considered a school‑day program. (18) An intermediate district or consortium of intermediate districts receiving funds under this section shall establish a sliding scale of tuition rates based upon household income for children participating in an eligible great start readiness program who live with families with a household income that is more than 250% of the federal poverty level to be used by all of its providers, as approved by the department. A grant recipient shall charge tuition according to that sliding scale of tuition rates on a uniform basis for any child who does not meet the income eligibility requirements under this section. (19) From the amount appropriated in subsection (1), there is allocated an amount not to exceed $10,000,000.00 for reimbursement of transportation costs for children attending great start readiness programs funded under this section. To receive reimbursement under this subsection, not later than November 1, 2015, 2016, a program funded under this section that provides transportation shall submit to the intermediate district that is the fiscal agent for the program a projected transportation budget. The amount of the reimbursement for transportation under this subsection shall be no more than the projected transportation budget or $150.00 multiplied by the number of slots funded for the program under this section. If the amount allocated under 1038 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 this subsection is insufficient to fully reimburse the transportation costs for all programs that provide transportation and submit the required information, the reimbursement shall be prorated in an equal amount per slot funded. Payments shall be made to the intermediate district that is the fiscal agent for each program, and the intermediate district shall then reimburse the program provider for transportation costs as prescribed under this subsection. Sec. 32p. (1) From the school aid fund appropriation in section 11, there is allocated an amount not to exceed $13,400,000.00 to intermediate districts for 2015‑2016 2016‑2017 for the purpose of providing early childhood funding to intermediate school districts to support the activities under subsection (2) and subsection (4), and to provide early childhood programs for children from birth through age 8. The funding provided to each intermediate district under this section shall be determined by the distribution formula established by the department’s office of great start to provide equitable funding statewide. In order to receive funding under this section, each intermediate district shall provide an application to the office of great start not later than September 15 of the immediately preceding fiscal year indicating the activities planned to be provided. (2) Each intermediate district or consortium of intermediate districts that receives funding under this section shall convene a local great start collaborative and a parent coalition. The goal of each great start collaborative and parent coalition shall be to ensure the coordination and expansion of local early childhood infrastructure and programs that allow every child in the community to achieve the following outcomes: (a) Children born healthy. (b) Children healthy, thriving, and developmentally on track from birth to third grade. (c) Children developmentally ready to succeed in school at the time of school entry. (d) Children prepared to succeed in fourth grade and beyond by reading proficiently by the end of third grade. (3) Each local great start collaborative and parent coalition shall convene workgroups to make recommendations about community services designed to achieve the outcomes described in subsection (2) and to ensure that its local great start system includes the following supports for children from birth through age 8: (a) Physical health. (b) Social‑emotional health. (c) Family supports and basic needs. (d) Parent education. (e) Early education, INCLUDING THE CHILD’S VOCABULARY DEVELOPMENT, and care. (4) From the funds allocated in subsection (1), at least $2,500,000.00 shall be used for the purpose of providing home visits to at‑risk children and their families. The home visits shall be conducted as part of a locally coordinated, family‑centered, evidence‑based, data‑driven home visit strategic plan that is approved by the department. The goals of the home visits funded under this subsection shall be to improve school readiness , USING EVIDENCE‑BASED METHODS, INCLUDING VOCABULARY DEVELOPMENT, TO reduce the number of pupils retained in grade level, and TO reduce the number of pupils requiring special education services. The department shall coordinate the goals of the home visit strategic plans approved under this subsection with other state agency home visit programs in a way that strengthens Michigan’s home visiting infrastructure and maximizes federal funds available for the purposes of at‑risk family home visits. THE COORDINATION AMONG DEPARTMENTS AND AGENCIES IS INTENDED TO AVOID DUPLICATION OF STATE SERVICES AND SPENDING, AND SHOULD EMPHASIZE EFFICIENT SERVICE DELIVERY OF HOME VISITING PROGRAMS. (5) Not later than December 1 of each year, each intermediate district shall provide a report to the department detailing the activities actually provided during the immediately preceding school year and the families and children actually served. At a minimum, the report shall include an evaluation of the services provided with additional funding under subsection (4) for home visits, using the goals identified in subsection (4) as the basis for the evaluation, including the degree to which school readiness was improved, any change in the number of pupils retained at grade level, and any change in the number of pupils receiving special education services. The department shall compile and summarize these reports and submit its summary to the house and senate appropriations subcommittees on school aid and to the house and senate fiscal agencies not later than February 15 of each year. (6) An intermediate district or consortium of intermediate districts that receives funding under this section may carry over any unexpended funds received under this section into the next fiscal year and may expend those unused funds through June 30 of the next fiscal year. A recipient of a grant shall return any unexpended grant funds to the department in the manner prescribed by the department not later than September 30 of the next fiscal year after the fiscal year in which the funds are received. SEC. 32Q. FROM THE STATE SCHOOL AID FUND ALLOCATION UNDER SECTION 11, THERE IS ALLOCATED TO AN ELIGIBLE INTERMEDIATE DISTRICT AN AMOUNT EQUAL TO $175,000.00 IN 2016‑2017 FOR THE PURPOSE OF THIS SECTION. AN INTERMEDIATE DISTRICT RECEIVING A GRANT UNDER THIS SECTION SHALL PARTNER WITH AN EARLY CHILDHOOD COLLABORATIVE TO CONDUCT A PILOT PROGRAM AS PROVIDED UNDER THIS SECTION. IT IS THE INTENT OF THE LEGISLATURE THAT THIS IS THE FIRST OF 3 YEARS OF FUNDING, AND THAT FUNDING SHALL CONTINUE IN 2017‑2018 AND 2018‑2019. FUNDING ALLOCATED TO AN INTERMEDIATE DISTRICT SHALL BE USED IN PARTNERSHIP WITH A COLLABORATIVE TO CONDUCT A PILOT PROGRAM TO EVALUATE THE RELATIVE IMPACT ON No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1039 VULNERABLE CHILDREN OF 1 VERSUS 2 YEARS OF PRESCHOOL EDUCATION. ALL OF THE FOLLOWING APPLY TO THE PILOT PROGRAM FUNDED UNDER THIS SECTION: (A) AN ELIGIBLE INTERMEDIATE DISTRICT IS AN INTERMEDIATE DISTRICT THAT IS LOCATED IN A COUNTY WITH A POPULATION AS OF THE MOST RECENT FEDERAL DECENNIAL CENSUS THAT WAS GREATER THAN 500,000 BUT FEWER THAN 800,000 AND THAT HAS AN EARLY LEARNING COLLABORATIVE LOCATED WITHIN ITS BOUNDARIES. (B) THE FUNDS SHALL BE USED FOR RESEARCH, FAMILY COACHING SUPPORT, ADMINISTRATION, INFORMATION SYSTEMS, AND EVALUATION. (C) IN ORDER TO BE ELIGIBLE TO RECEIVE THE ALLOCATED FUNDS, THE EARLY LEARNING COLLABORATIVE, IN PARTNERSHIP WITH THE INTERMEDIATE DISTRICT, SHALL PROVIDE THE FUNDING FOR ALL ELIGIBLE CHILDREN INCLUDED IN THE PILOT PROGRAM. (D) THE EARLY LEARNING COLLABORATIVE, IN PARTNERSHIP WITH THE INTERMEDIATE DISTRICT, SHALL DEVELOP A 3‑YEAR PILOT PROGRAM UNDER THE SUPERVISION OF THE OFFICE OF GREAT START IN THE DEPARTMENT. (E) FOR A CHILD TO BE ELIGIBLE FOR PARTICIPATION IN THE PILOT PROGRAM UNDER THIS SECTION, THE CHILD SHALL BE 3 YEARS OF AGE AS OF THE DATE SPECIFIED FOR DETERMINING A CHILD’S ELIGIBILITY TO ATTEND SCHOOL UNDER SECTION 1147 OF THE REVISED SCHOOL CODE, MCL 380.1147. (F) A CHILD PARTICIPATING IN THE PILOT PROGRAM SHALL MEET THE PARTICIPANT ELIGIBILITY AND PRIORITIZATION GUIDELINES AS DEFINED BY THE DEPARTMENT. (G) NOTWITHSTANDING SECTION 17B, THE DEPARTMENT SHALL DISTRIBUTE FUNDS UNDER THIS SECTION NOT LATER THAN NOVEMBER 15 OF THE FISCAL YEAR. (H) THE EARLY LEARNING COLLABORATIVE, IN PARTNERSHIP WITH THE INTERMEDIATE DISTRICT, SHALL PROVIDE ANNUAL PROGRESS EVALUATIONS TO THE OFFICE OF GREAT START. (I) BY DECEMBER 1, 2019, THE EARLY LEARNING COLLABORATIVE, IN PARTNERSHIP WITH THE INTERMEDIATE DISTRICT, SHALL PROVIDE A PILOT PROGRAM REPORT AND EVALUATION TO THE OFFICE OF GREAT START. THE OFFICE OF GREAT START SHALL REVIEW THE PILOT PROGRAM REPORT AND EVALUATION AND, BY FEBRUARY 15, 2020, PROVIDE A REPORT TO THE SENATE AND HOUSE APPROPRIATIONS SUBCOMMITTEES ON STATE SCHOOL AID AND TO THE SENATE AND HOUSE FISCAL AGENCIES OF ITS EVALUATION OF THE PILOT PROGRAM. Sec. 35. (1) The funds allocated under section 35a shall be used for programs to ensure children are reading at grade level by the end of grade 3. The superintendent shall designate staff or contracted employees funded under section 35a as critical shortage. Programs funded under section 35a are intended to ensure that this state will be in the top 10 most improved states in grade 4 reading proficiency by the 2019 National Assessment of Educational Progress (NAEP) and will be in the top 10 states overall in grade 4 reading proficiency by 2025. (2) From the general fund appropriation in section 11, there is allocated to the department an amount not to exceed $1,000,000.00 for 2015‑2016 2016‑2017 for implementation costs associated with programs funded under section 35a. (3) From the amount allocated under subsection (2), there is allocated an amount not to exceed $100,000.00 for the purpose of performing an evaluation of the pilot programs under section 35a(2) in a manner approved by the department. The evaluation report shall include at least all of the following: (a) A description of the components of the pilot programs that were effective in helping parents prepare their children for success in school. (b) A description of any barriers that parents and their children encountered that prevented them from participating in the pilot programs. (c) An assessment of whether these pilot programs should be expanded to other locations in the state. Sec. 35a. (1) From the appropriations in section 11, there is allocated for 2015‑2016 for the purposes of this section an amount not to exceed $23,900,000.00 $19,000,000.00 from the state school aid fund appropriation and an amount not to exceed $1,500,000.00 from the general fund appropriation. FROM THE APPROPRIATIONS IN SECTION 11, THERE IS ALLOCATED FOR 2016‑2017 FOR THE PURPOSES OF THIS SECTION AN AMOUNT NOT TO EXCEED $22,900,000.00 FROM THE STATE SCHOOL AID FUND AND AN AMOUNT NOT TO EXCEED $1,000,000.00 FROM THE GENERAL FUND. (2) From the allocations under subsection (1), there is allocated an amount not to exceed $1,000,000.00 for 2015‑2016 for the purpose of conducting parent education pilot programs for parents of children less than 4 years of age so that children are developmentally ready to succeed in school at the time of school entry. All of the following apply to programs funded under this subsection: (a) The department shall develop a competitive application process and method of grant distribution consistent with the provisions of this subsection. The amount of a grant award to a pilot program shall be an amount equal to the number of children residing in the district or consortium of districts operating the program who are younger than 4 years of age as of the date specified for determining a child’s eligibility to attend school under section 1147 of the revised school code, MCL 380.1147, 1040 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 multiplied by $120.00 per child or $130,000.00, whichever is less. The department shall ensure that grants are awarded in each prosperity region or subregion. (b) An application for a competitive grant under this subsection shall be submitted by an intermediate district on behalf of a district or consortium of districts within the intermediate district. The application shall be submitted in a form and manner approved by the department and shall contain at least the following components: (i) A description of the program design including the names of the district or consortium of districts that will operate the program, the physical location of the program, and the anticipated number of families that will be served. (ii) An assurance that the program will be supervised by a teacher who has a valid teaching certificate with an early childhood (ZA or ZS) endorsement, a valid teaching certificate in career education with both a KH and VH endorsement, a bachelor’s degree in child development or early child development, or a bachelor’s degree related to adult learning. (iii) An estimate of the number of families residing in the district or consortium of districts that will operate the pilot program that have at least 1 child less than 4 years of age as of the date specified for determining a child’s eligibility to attend school under section 1147 of the revised school code, MCL 380.1147. (iv) A description of the public awareness and outreach efforts that will be made. (v) An assurance that the intermediate district and the district or consortium of districts operating the program will provide information in a form and manner as approved by the department to allow for an evaluation of the pilot projects. (vi) A description of the sliding fee scale that will be established for tuition, with fees reduced or waived for those unable to pay. (vii) A budget for the program. A program may use not more than 5% of a grant to administer the program. (c) To be eligible for a grant under this subsection, a program shall provide at least 2 hours per week throughout the school year for parents and their eligible children to participate in parent education programs and meet at least the following minimum requirements: (i) Require that parents be physically present in classes with their children or be in concurrent classes. (ii) Use research‑based information to educate parents about the physical, cognitive, social, and emotional development of children. (iii) Provide structured learning activities requiring interaction between children and their parents. (iv) Provide structured learning activities for children that promote positive interaction with their peers. (d) For a child to be eligible to participate in a program under this subsection, the child shall be less than 4 years of age as of the date specified for determining a child’s eligibility to attend school under section 1147 of the revised school code, MCL 380.1147. (2) (3) From the allocations under subsection (1), there is allocated an amount not to exceed $950,000.00 EACH FISCAL YEAR for 2015‑2016 AND FOR 2016‑2017 for professional development purposes under this subsection. This THE 2016‑2017 allocation represents the first SECOND of 2 years of funding for the purposes of this subsection. All of the following apply to funding under this subsection: (a) The department shall award grants to districts to support professional development for educators in a department‑approved research‑based training program related to current state literacy standards for pupils in grades K to 3. The professional development shall also include training in the use of screening and diagnostic tools, progress monitoring, and intervention methods used to address barriers to learning and delays in learning that are diagnosed through the use of these tools. The department shall determine the amount of the grant awards. (b) In addition to other methods of professional development delivery, the department shall collaborate with the Michigan Virtual University to provide this training online to all educators of pupils in grades K to 3. (c) The funds allocated under this subsection FOR 2015‑2016 are a work project appropriation, and any unexpended funds for 2015‑2016 are carried forward into 2016‑2017. The purpose of the work project is to continue to implement the professional development training described in this subsection. The estimated completion date of the work project is September 30, 2017. (D) THE FUNDS ALLOCATED UNDER THIS SUBSECTION FOR 2016‑2017 ARE A WORK PROJECT APPROPRIATION, AND ANY UNEXPENDED FUNDS FOR 2016‑2017 ARE CARRIED FORWARD INTO 2017‑2018. THE PURPOSE OF THE WORK PROJECT IS TO CONTINUE TO IMPLEMENT THE PROFESSIONAL DEVELOPMENT TRAINING DESCRIBED IN THIS SUBSECTION. THE ESTIMATED COMPLETION DATE OF THE WORK PROJECT IS SEPTEMBER 30, 2018. (3) (4) From the allocations under subsection (1), there is allocated an amount not to exceed $1,450,000.00 EACH FISCAL YEAR for 2015‑2016 AND FOR 2016‑2017 for grants under this subsection. This THE 2016‑2017 allocation represents the first SECOND of 2 years of funding. All of the following apply to grants under this subsection: (a) The department shall award grants to districts to administer department‑approved screening and diagnostic tools to monitor the development of early literacy and early reading skills of pupils in grades K to 3 and to support research‑based professional development for educators in administering screening and diagnostic tools and in data interpretation of the results obtained through the use of those tools for the purpose of implementing a multi‑tiered system of support to improve reading proficiency among pupils in grades K to 3. The department shall award grants to eligible districts in an amount determined by the department. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1041 (B) A DEPARTMENT‑APPROVED SCREENING AND DIAGNOSTIC TOOL ADMINISTERED BY A DISTRICT USING FUNDING UNDER THIS SECTION MUST INCLUDE ALL OF THE FOLLOWING COMPONENTS: PHONEMIC AWARENESS, PHONICS, FLUENCY, AND COMPREHENSION. FURTHER, ALL OF THE FOLLOWING SUB‑SKILLS MUST BE ASSESSED WITHIN EACH OF THESE COMPONENTS: (i) PHONEMIC AWARENESS ‑ SEGMENTATION, BLENDING, AND SOUND MANIPULATION (DELETION AND SUBSTITUTION). (ii) PHONICS ‑ DECODING (READING) AND ENCODING (SPELLING). (iii) FLUENCY ‑ READING RATE, ACCURACY, AND EXPRESSION. (iv) COMPREHENSION ‑ MAKING MEANING OF TEXT. (C) (b) In addition to other methods of professional development delivery, the department shall collaborate with the Michigan Virtual University to provide this training online to all educators of pupils in grades K to 3. (D) (c) The funds allocated under this subsection FOR 2015‑2016 are a work project appropriation, and any unexpended funds for 2015‑2016 are carried forward into 2016‑2017. The purpose of the work project is to continue to implement the professional development training described in this subsection. The estimated completion date of the work project is September 30, 2017. (E) THE FUNDS ALLOCATED UNDER THIS SUBSECTION FOR 2016‑2017 ARE A WORK PROJECT APPROPRIATION, AND ANY UNEXPENDED FUNDS FOR 2016‑2017 ARE CARRIED FORWARD INTO 2017‑2018. THE PURPOSE OF THE WORK PROJECT IS TO CONTINUE TO IMPLEMENT THE PROFESSIONAL DEVELOPMENT TRAINING DESCRIBED IN THIS SUBSECTION. THE ESTIMATED COMPLETION DATE OF THE WORK PROJECT IS SEPTEMBER 30, 2018. (4) (5) From the allocations under subsection (1), there is allocated an amount not to exceed $3,000,000.00 EACH FISCAL YEAR FOR 2015‑2016 AND FOR 2016‑2017 for the purpose of providing early literacy coaches at intermediate districts to assist teachers in developing and implementing instructional strategies for pupils in grades K to 3 so that pupils are reading at grade level by the end of grade 3. All of the following apply to funding under this subsection: (a) The department shall develop an application process consistent with the provisions of this subsection. An application shall provide assurances that literacy coaches funded under this subsection are knowledgeable about at least the following: (i) Current state literacy standards for pupils in grades K to 3. (ii) Implementing an instructional delivery model based on frequent use of formative, screening, and diagnostic tools, known as a multi‑tiered system of support, to determine individual progress for pupils in grades K to 3 so that pupils are reading at grade level by the end of grade 3. (iii) The use of data from diagnostic tools to determine the necessary additional supports and interventions needed by individual pupils in grades K to 3 in order to be reading at grade level. (b) From the allocation under this subsection, the department shall award grants to intermediate districts for the support of early literacy coaches. An intermediate district must provide matching funds for at least 50% of the cost of the literacy coach. The department shall provide this funding in the following manner: (i) Each intermediate district shall be awarded grant funding to support the cost of 1 early literacy coach in an equal amount per early literacy coach, not to exceed $37,500.00. (ii) After distribution of the grant funding under subparagraph (i), the department shall distribute the remainder of grant funding for additional early literacy coaches in an amount not to exceed $37,500.00 per early literacy coach. The number of funded early literacy coaches for each intermediate district shall be based on the percentage of the total statewide number of pupils in grades K to 3 who meet the income eligibility standards for the federal free and reduced‑price lunch programs who are enrolled in districts in the intermediate district. For each additional early literacy coach funded under this subparagraph, the department shall not make an award to an intermediate district under this subparagraph in an amount that is less than the amount necessary to pay 1/2 of the total cost of that additional early literacy coach. (c) The funds allocated under this subsection FOR 2015‑2016 are a work project appropriation, and any unexpended funds for 2015‑2016 are carried forward into 2016‑2017. The purpose of the work project is to continue to provide early literacy coaches as described in this subsection. The estimated completion date of the work project is September 30, 2017. (D) THE FUNDS ALLOCATED UNDER THIS SUBSECTION FOR 2016‑2017 ARE A WORK PROJECT APPROPRIATION, AND ANY UNEXPENDED FUNDS FOR 2016‑2017 ARE CARRIED FORWARD INTO 2017‑2018. THE PURPOSE OF THE WORK PROJECT IS TO CONTINUE TO IMPLEMENT THE PROFESSIONAL DEVELOPMENT TRAINING DESCRIBED IN THIS SUBSECTION. THE ESTIMATED COMPLETION DATE OF THE WORK PROJECT IS SEPTEMBER 30, 2018. (5) (6) From the allocations under subsection (1), there is allocated an amount not to exceed $17,500,000.00 $13,600,000.00 for 2015‑2016 AND AN AMOUNT NOT TO EXCEED $17,500,000.00 FOR 2016‑2017 to districts that provide additional instructional time to those pupils in grades K to 3 who have been identified by using department‑approved screening and diagnostic tools as needing additional supports and interventions in order to be reading at grade level by the end of grade 3. Additional instructional time may be provided before, during, and after regular school hours or as part of a year‑round balanced school calendar. All of the following apply to funding under this subsection: (a) In order to be eligible to receive funding, a district shall demonstrate to the satisfaction of the department that the district has done all of the following: (i) Implemented a multi‑tiered system of support instructional delivery model that is an evidence‑based model that uses data‑driven problem solving to integrate academic and behavioral instruction and that uses intervention delivered to all pupils in 1042 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 varying intensities based on pupil needs. The multi‑tiered system of supports must provide at least all of the following essential elements: (A) Implements effective instruction for all learners. (B) Intervenes early. (C) Provides a multi‑tiered model of instruction and intervention that provides the following: a core curriculum and classroom interventions available to all pupils that meet the needs of most pupils; targeted group interventions; and intense individual interventions. (D) Monitors pupil progress to inform instruction. (E) Uses data to make instructional decisions. (F) Uses assessments including universal screening, diagnostics, and progress monitoring. (G) Engages families and the community. (H) Implements evidence‑based, scientifically validated, instruction and intervention. (I) Implements instruction and intervention practices with fidelity. (J) Uses a collaborative problem‑solving model. (ii) Used department‑approved research‑based diagnostic tools to identify individual pupils in need of additional instructional time. (iii) Used a reading instruction method that focuses on the 5 fundamental building blocks of reading: phonics, phonemic awareness, fluency, vocabulary, and comprehension and content knowledge. (iv) Provided teachers of pupils in grades K to 3 with research‑based professional development in diagnostic data interpretation. (b) Funding allocated under this subsection shall be distributed to eligible districts by multiplying the number of full‑time‑equivalent pupils in grade 1 in the district by $165.00. (c) If the funds allocated under this subsection are insufficient to fully fund the payments under this subsection, payments under this subsection shall be prorated on an equal per‑pupil basis based on grade 1 pupils. (6) (7) From the general fund money allocated in subsection (1), the department shall allocate the amount of $1,000,000.00 EACH FISCAL YEAR for 2015‑2016 AND FOR 2016‑2017 to the Michigan Education Corps. All of the following apply to funding under this subsection: (a) By August 1 , 2016, OF THE APPLICABLE FISCAL YEAR, the Michigan Education Corps shall provide a report concerning its use of the funding to the senate and house appropriations subcommittees on state school aid, the senate and house fiscal agencies, and the senate and house caucus policy offices on outcomes and performance measures of the Michigan Education Corps, including, but not limited to, the degree to which the Michigan Education Corps’s replication of the Michigan Reading Corps program is demonstrating sufficient efficacy and impact. The report must include data pertaining to at least all of the following: (i) The current impact of the Michigan Reading Corps on this state in terms of numbers of children and programs receiving support. This portion of the report shall specify the number of children tutored, including dosage and completion, and the demographics of those children. (ii) Whether the assessments and interventions are implemented with fidelity. This portion of the report shall include details on the total number of assessments and interventions completed and the range, median, mean, and standard deviation for all assessments. (iii) Whether the literacy improvement of children participating in the Michigan Reading Corps is consistent with expectations. This portion of the report shall detail at least all of the following: (A) Growth rate by grade level, in comparison to targeted growth rate. (B) Average linear growth rates. (C) Exit rates. (D) Percentage of children who exit who also meet or exceed spring benchmarks. (iv) The impact of the Michigan Reading Corps on organizations and stakeholders, including, but not limited to, school administrators, internal coaches, and AmeriCorps members. (b) If the department determines that the Michigan Education Corps has misused the funds allocated under this subsection, the Michigan Education Corps shall reimburse this state for the amount of state funding misused. (7) (8) From the general fund money allocated under subsection (1), there is allocated to the department an amount not to exceed $500,000.00 for 2015‑2016 for the adoption of a certification test to ensure that all newly certificated elementary teachers have the skills to deliver evidence‑based literacy instruction. Sec. 39. (1) An eligible applicant receiving funds under section 32d shall submit an application, in a form and manner prescribed by the department, by a date specified by the department in the immediately preceding state fiscal year. The application shall include a comprehensive needs assessment using aggregated data from the applicant’s entire service area and a community collaboration plan that is endorsed by the local great start collaborative and is part of the community’s great start strategic plan that includes, but is not limited to, great start readiness program and head start providers, and shall identify all of the following: (a) The estimated total number of children in the community who meet the criteria of section 32d and how that calculation was made. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1043 (b) The estimated number of children in the community who meet the criteria of section 32d and are being served by other early childhood development programs operating in the community, and how that calculation was made. (c) The number of children the applicant will be able to serve SLOTS THE APPLICANT WILL BE ABLE TO FILL WITH CHILDREN who meet the criteria of section 32d including a verification of physical facility and staff resources capacity. (d) The estimated number of SLOTS THAT WILL REMAIN UNFILLED AND children who meet the criteria of section 32d who will remain unserved after the applicant and community early childhood programs have met their funded enrollments. The applicant shall maintain a waiting list of identified unserved eligible children who would be served when openings are available. (2) After notification of funding allocations, an applicant receiving funds under section 32d shall also submit an implementation plan for approval, in a form and manner prescribed by the department, by a date specified by the department, that details how the applicant complies with the program components established by the department pursuant to section 32d. (3) The number of prekindergarten children construed to be in need of special readiness assistance under section 32d shall be calculated for each applicant in the following manner: 1/2 of the percentage of the applicant’s pupils in grades 1 to 5 in all districts served by the applicant who are eligible for free lunch, as determined using the district’s pupil membership count as of the pupil membership count day in the school year prior to the fiscal year for which the calculation is made, under the Richard B. Russell national school lunch act, 42 USC 1751 to 1769i, shall be multiplied by the average kindergarten enrollment of the districts served by the applicant on the pupil membership count day of the 2 immediately preceding fiscal years. EACH CHILD CONSTRUED TO BE IN NEED CONSTITUTES 1 SLOT. (4) The initial allocation for each fiscal year to each eligible applicant under section 32d shall be determined by multiplying the number of children SLOTS determined by the formula under subsection (3) or the number of children SLOTS the applicant indicates it will be able to serve FILL under subsection (1)(c), whichever is less, by $3,625.00 and shall be distributed among applicants in decreasing order of concentration of eligible children as determined by the formula under subsection (3). If the number of children SLOTS an applicant indicates it will be able to serve FILL under subsection (1)(c) includes children able to be served in a school‑day program, then the number able to be served in OF SLOTS FOR a school‑day program shall be doubled for the purposes of making this calculation. of the lesser of the number of children determined by the formula under subsection (3) and the number of children the applicant indicates it will be able to serve under subsection (1)(c) and determining the amount of the initial allocation to the applicant under section 32d. A district may contract with a head start agency to serve children enrolled in head start with a school‑day program by blending head start funds with a part‑day great start readiness program allocation. All head start and great start readiness program policies and regulations apply to the blended program. (5) If funds allocated for eligible applicants under section 32d remain after the initial allocation under subsection (4), the allocation under this subsection shall be distributed to each eligible applicant under section 32d in decreasing order of concentration of eligible children as determined by the formula under subsection (3). The allocation shall be determined by multiplying the number of children SLOTS in each district within the applicant’s service area served FILLED in the immediately preceding fiscal year or the number of children SLOTS the applicant indicates it will be able to serve FILL under subsection (1)(c), whichever is less, minus the number of children SLOTS for which the applicant received funding in subsection (4) by $3,625.00. (6) If funds allocated for eligible applicants under section 32d remain after the allocations under subsections (4) and (5), remaining funds shall be distributed to each eligible applicant under section 32d in decreasing order of concentration of eligible children as determined by the formula under subsection (3). If the number of children SLOTS the applicant indicates it will be able to serve FILL under subsection (1)(c) exceeds the number of children SLOTS for which funds have been received under subsections (4) and (5), the allocation under this subsection shall be determined by multiplying the number of children SLOTS the applicant indicates it will be able to serve FILL under subsection (1)(c) less the number of children SLOTS for which funds have been received under subsections (4) and (5) by $3,625.00 until the funds allocated for eligible applicants in section 32d are distributed. (7) An applicant that offers supplementary child care funded by funds other than those received under section 32d and therefore offers full‑day programs as part of its early childhood development program shall receive priority in the allocation of funds under section 32d over other eligible applicants. As used in this subsection, “full‑day program” means a program that provides supplementary child care that totals at least 10 hours of programming per day. (7) (8) If, taking into account the total amount to be allocated to the applicant as calculated under this section, an applicant determines that it is able to include additional eligible children in the great start readiness program without additional funds under section 32d, the applicant may include additional eligible children but shall not receive additional funding under section 32d for those children. Sec. 39a. (1) From the federal funds appropriated in section 11, there is allocated for 2015‑2016 2016‑2017 to districts, intermediate districts, and other eligible entities all available federal funding, estimated at $779,076,400.00 $821,939,900.00 for the federal programs under the no child left behind act of 2001, Public Law 107‑110, OR THE EVERY STUDENT SUCCEEDS ACT, PUBLIC LAW 114‑95. These funds are allocated as follows: (a) An amount estimated at $5,000,000.00 $2,000,000.00 to provide students with drug‑ and violence‑prevention programs and to implement strategies to improve school safety, funded from DED‑OESE, drug‑free schools and communities funds. 1044 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (b) An amount estimated at $111,111,900.00 for the purpose of preparing, training, and recruiting high‑quality teachers and class size reduction, funded from DED‑OESE, improving teacher quality funds. (c) An amount estimated at $12,200,000.00 for programs to teach English to limited English proficient (LEP) children, funded from DED‑OESE, language acquisition state grant funds. (d) An amount estimated at $10,286,500.00 $250,000.00 for the Michigan charter school subgrant program, funded from DED‑OESE, charter school funds. (e) An amount estimated at $3,000,000.00 for rural and low income schools, funded from DED‑OESE, rural and low income school funds. (f) An amount estimated at $565,000,000.00 to provide supplemental programs to enable educationally disadvantaged children to meet challenging academic standards, funded from DED‑OESE, title I, disadvantaged children funds. (g) An amount estimated at $8,878,000.00 for the purpose of identifying and serving migrant children, funded from DED‑OESE, title I, migrant education funds. (h) An amount estimated at $39,000,000.00 for the purpose of providing high‑quality extended learning opportunities, after school and during the summer, for children in low‑performing schools, funded from DED‑OESE, twenty‑first century community learning center funds. (i) An amount estimated at $24,600,000.00 to help support local school improvement efforts, funded from DED‑OESE, title I, local school improvement grants. (J) AN AMOUNT ESTIMATED AT $55,900,000.00 TO IMPROVE THE ACADEMIC ACHIEVEMENT OF STUDENTS, FUNDED FROM DED‑OESE, TITLE IV, STUDENT SUPPORT AND ACADEMIC ENRICHMENT GRANTS. (2) From the federal funds appropriated in section 11, there is allocated for 2015‑2016 2016‑2017 to districts, intermediate districts, and other eligible entities all available federal funding, estimated at $30,800,000.00 for the following programs that are funded by federal grants: (a) An amount estimated at $200,000.00 for acquired immunodeficiency syndrome education grants, funded from HHS – Centers for Disease Control and Prevention, AIDS funding. (b) An amount estimated at $2,600,000.00 to provide services to homeless children and youth, funded from DED‑OVAE, homeless children and youth funds. (c) An amount estimated at $4,000,000.00 to provide mental health, substance abuse, or violence prevention services to students, funded from HHS‑SAMHSA. (d) An amount estimated at $24,000,000.00 for providing career and technical education services to pupils, funded from DED‑OVAE, basic grants to states. (3) All federal funds allocated under this section shall be distributed in accordance with federal law and with flexibility provisions outlined in Public Law 107‑116, and in the education flexibility partnership act of 1999, Public Law 106‑25. Notwithstanding section 17b, payments of federal funds to districts, intermediate districts, and other eligible entities under this section shall be paid on a schedule determined by the department. (4) For the purposes of applying for federal grants appropriated under this article, the department shall allow an intermediate district to submit a consortium application on behalf of 2 or more districts with the agreement of those districts as appropriate according to federal rules and guidelines. (5) FOR THE PURPOSES OF FUNDING FEDERAL TITLE I GRANTS UNDER THIS ARTICLE, IN ADDITION TO ANY OTHER FEDERAL GRANTS FOR WHICH A STRICT DISCIPLINE ACADEMY IS ELIGIBLE, THE DEPARTMENT SHALL ALLOCATE TO STRICT DISCIPLINE ACADEMIES OUT OF TITLE I, PART A FUNDS EQUAL TO WHAT A STRICT DISCIPLINE ACADEMY WOULD HAVE RECEIVED IF INCLUDED AND CALCULATED UNDER TITLE I, PART D, OR WHAT IT WOULD RECEIVE UNDER THE FORMULA ALLOCATION UNDER TITLE I, PART A, WHICHEVER IS GREATER. (6) (5) As used in this section: (a) “DED” means the United States Department of Education. (b) “DED‑OESE” means the DED Office of Elementary and Secondary Education. (c) “DED‑OVAE” means the DED Office of Vocational and Adult Education. (d) “HHS” means the United States Department of Health and Human Services. (e) “HHS‑SAMHSA” means the HHS Substance Abuse and Mental Health Services Administration. Sec. 41. From the appropriation in section 11, there is allocated an amount not to exceed $1,200,000.00 for 2015‑2016 2016‑2017 to applicant districts and intermediate districts offering programs of instruction for pupils of limited English‑speaking ability under section 1153 of the revised school code, MCL 380.1153. Reimbursement shall be on a per‑pupil basis and shall be based on the number of pupils of limited English‑speaking ability in membership on the pupil membership count day. Funds allocated under this section shall be used solely for instruction in speaking, reading, writing, or comprehension of English. A pupil shall not be counted under this section or instructed in a program under this section for more than 3 years. Sec. 51a. (1) From the appropriation in section 11, there is allocated an amount not to exceed $901,946,100.00 $945,246,100.00 for 2014‑2015 2015‑2016 and an amount not to exceed $918,546,100.00 for 2015‑2016 $973,046,100.00 FOR 2016‑2017 from state sources and all available federal funding under sections 611 to 619 of part B of the individuals with disabilities No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1045 education act, 20 USC 1411 to 1419, estimated at $370,000,000.00 each fiscal year for 2014‑2015 and for 2015‑2016 , AND FOR 2016‑2017, plus any carryover federal funds from previous year appropriations. The allocations under this subsection are for the purpose of reimbursing districts and intermediate districts for special education programs, services, and special education personnel as prescribed in article 3 of the revised school code, MCL 380.1701 to 380.1766; net tuition payments made by intermediate districts to the Michigan schools for the deaf and blind; and special education programs and services for pupils who are eligible for special education programs and services according to statute or rule. For meeting the costs of special education programs and services not reimbursed under this article, a district or intermediate district may use money in general funds or special education funds, not otherwise restricted, or contributions from districts to intermediate districts, tuition payments, gifts and contributions from individuals or other entities, or federal funds that may be available for this purpose, as determined by the intermediate district plan prepared pursuant to article 3 of the revised school code, MCL 380.1701 to 380.1766. Notwithstanding section 17b, payments of federal funds to districts, intermediate districts, and other eligible entities under this section shall be paid on a schedule determined by the department. (2) From the funds allocated under subsection (1), there is allocated the amount necessary, estimated at $248,100,000.00 for 2014‑2015 $263,500,000.00 FOR 2015‑2016 and estimated at $251,800,000.00 for 2015‑2016, $271,600,000.00 FOR 2016‑2017, for payments toward reimbursing districts and intermediate districts for 28.6138% of total approved costs of special education, excluding costs reimbursed under section 53a, and 70.4165% of total approved costs of special education transportation. Allocations under this subsection shall be made as follows: (a) The initial amount allocated to a district under this subsection toward fulfilling the specified percentages shall be calculated by multiplying the district’s special education pupil membership, excluding pupils described in subsection (11), times the foundation allowance under section 20 of the pupil’s district of residence PLUS THE AMOUNT OF THE DISTRICT’S PER‑PUPIL ALLOCATION UNDER SECTION 20M, not to exceed the basic foundation allowance under section 20 for the current fiscal year, or, for a special education pupil in membership in a district that is a public school academy, times an amount equal to the amount per membership pupil calculated under section 20(6) or, for a pupil described in this subsection who is counted in membership in the education achievement system, times an amount equal to the amount per membership pupil under section 20(7). For an intermediate district, the amount allocated under this subdivision toward fulfilling the specified percentages shall be an amount per special education membership pupil, excluding pupils described in subsection (11), and shall be calculated in the same manner as for a district, using the foundation allowance under section 20 of the pupil’s district of residence, not to exceed the basic foundation allowance under section 20 for the current fiscal year, AND THAT DISTRICT’S PER‑PUPIL ALLOCATION UNDER SECTION 20M. (b) After the allocations under subdivision (a), districts and intermediate districts for which the payments calculated under subdivision (a) do not fulfill the specified percentages shall be paid the amount necessary to achieve the specified percentages for the district or intermediate district. (3) From the funds allocated under subsection (1), there is allocated for 2014‑2015 2015‑2016 an amount not to exceed $1,000,000.00 and there is allocated for 2015‑2016 2016‑2017 an amount not to exceed $1,300,000.00 $1,100,000.00 to make payments to districts and intermediate districts under this subsection. If the amount allocated to a district or intermediate district for a fiscal year under subsection (2)(b) is less than the sum of the amounts allocated to the district or intermediate district for 1996‑97 under sections 52 and 58, there is allocated to the district or intermediate district for the fiscal year an amount equal to that difference, adjusted by applying the same proration factor that was used in the distribution of funds under section 52 in 1996‑97 as adjusted to the district’s or intermediate district’s necessary costs of special education used in calculations for the fiscal year. This adjustment is to reflect reductions in special education program operations or services between 1996‑97 and subsequent fiscal years. Adjustments for reductions in special education program operations or services shall be made in a manner determined by the department and shall include adjustments for program or service shifts. (4) If the department determines that the sum of the amounts allocated for a fiscal year to a district or intermediate district under subsection (2)(a) and (b) is not sufficient to fulfill the specified percentages in subsection (2), then the shortfall shall be paid to the district or intermediate district during the fiscal year beginning on the October 1 following the determination and payments under subsection (3) shall be adjusted as necessary. If the department determines that the sum of the amounts allocated for a fiscal year to a district or intermediate district under subsection (2)(a) and (b) exceeds the sum of the amount necessary to fulfill the specified percentages in subsection (2), then the department shall deduct the amount of the excess from the district’s or intermediate district’s payments under this article for the fiscal year beginning on the October 1 following the determination and payments under subsection (3) shall be adjusted as necessary. However, if the amount allocated under subsection (2)(a) in itself exceeds the amount necessary to fulfill the specified percentages in subsection (2), there shall be no deduction under this subsection. (5) State funds shall be allocated on a total approved cost basis. Federal funds shall be allocated under applicable federal requirements, except that an amount not to exceed $3,500,000.00 may be allocated by the department each fiscal year for 2014‑2015 2015‑2016 and for 2015‑2016 2016‑2017 to districts, intermediate districts, or other eligible entities on a competitive grant basis for programs, equipment, and services that the department determines to be designed to benefit or improve special education on a statewide scale. (6) From the amount allocated in subsection (1), there is allocated an amount not to exceed $2,200,000.00 each fiscal year for 2014‑2015 and for 2015‑2016 AND FOR 2016‑2017 to reimburse 100% of the net increase in necessary costs incurred by 1046 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 a district or intermediate district in implementing the revisions in the administrative rules for special education that became effective on July 1, 1987. As used in this subsection, “net increase in necessary costs” means the necessary additional costs incurred solely because of new or revised requirements in the administrative rules minus cost savings permitted in implementing the revised rules. Net increase in necessary costs shall be determined in a manner specified by the department. (7) For purposes of sections 51a to 58, all of the following apply: (a) “Total approved costs of special education” shall be determined in a manner specified by the department and may include indirect costs, but shall not exceed 115% of approved direct costs for section 52 and section 53a programs. The total approved costs include salary and other compensation for all approved special education personnel for the program, including payments for social security and Medicare and public school employee retirement system contributions. The total approved costs do not include salaries or other compensation paid to administrative personnel who are not special education personnel as defined in section 6 of the revised school code, MCL 380.6. Costs reimbursed by federal funds, other than those federal funds included in the allocation made under this article, are not included. Special education approved personnel not utilized full time in the evaluation of students or in the delivery of special education programs, ancillary, and other related services shall be reimbursed under this section only for that portion of time actually spent providing these programs and services, with the exception of special education programs and services provided to youth placed in child caring institutions or juvenile detention programs approved by the department to provide an on‑grounds education program. (b) Beginning with the 2004‑2005 fiscal year, a district or intermediate district that employed special education support services staff to provide special education support services in 2003‑2004 or in a subsequent fiscal year and that in a fiscal year after 2003‑2004 receives the same type of support services from another district or intermediate district shall report the cost of those support services for special education reimbursement purposes under this article. This subdivision does not prohibit the transfer of special education classroom teachers and special education classroom aides if the pupils counted in membership associated with those special education classroom teachers and special education classroom aides are transferred and counted in membership in the other district or intermediate district in conjunction with the transfer of those teachers and aides. (c) If the department determines before bookclosing for a fiscal year that the amounts allocated for that fiscal year under subsections (2), (3), (6), and (11) and sections 53a, 54, and 56 will exceed expenditures for that fiscal year under subsections (2), (3), (6), and (11) and sections 53a, 54, and 56, then for a district or intermediate district whose reimbursement for that fiscal year would otherwise be affected by subdivision (b), subdivision (b) does not apply to the calculation of the reimbursement for that district or intermediate district and reimbursement for that district or intermediate district shall be calculated in the same manner as it was for 2003‑2004. If the amount of the excess allocations under subsections (2), (3), (6), and (11) and sections 53a, 54, and 56 is not sufficient to fully fund the calculation of reimbursement to those districts and intermediate districts under this subdivision, then the calculations and resulting reimbursement under this subdivision shall be prorated on an equal percentage basis. Beginning in 2015‑2016, the amount of reimbursement under this subdivision for a fiscal year shall not exceed $2,000,000.00 for any district or intermediate district. (d) Reimbursement for ancillary and other related services, as defined by R 340.1701c of the Michigan administrative code, shall not be provided when those services are covered by and available through private group health insurance carriers or federal reimbursed program sources unless the department and district or intermediate district agree otherwise and that agreement is approved by the state budget director. Expenses, other than the incidental expense of filing, shall not be borne by the parent. In addition, the filing of claims shall not delay the education of a pupil. A district or intermediate district shall be responsible for payment of a deductible amount and for an advance payment required until the time a claim is paid. (e) Beginning with calculations for 2004‑2005, if an intermediate district purchases a special education pupil transportation service from a constituent district that was previously purchased from a private entity; if the purchase from the constituent district is at a lower cost, adjusted for changes in fuel costs; and if the cost shift from the intermediate district to the constituent does not result in any net change in the revenue the constituent district receives from payments under sections 22b and 51c, then upon application by the intermediate district, the department shall direct the intermediate district to continue to report the cost associated with the specific identified special education pupil transportation service and shall adjust the costs reported by the constituent district to remove the cost associated with that specific service. (8) A pupil who is enrolled in a full‑time special education program conducted or administered by an intermediate district or a pupil who is enrolled in the Michigan schools for the deaf and blind shall not be included in the membership count of a district, but shall be counted in membership in the intermediate district of residence. (9) Special education personnel transferred from 1 district to another to implement the revised school code shall be entitled to the rights, benefits, and tenure to which the person would otherwise be entitled had that person been employed by the receiving district originally. (10) If a district or intermediate district uses money received under this section for a purpose other than the purpose or purposes for which the money is allocated, the department may require the district or intermediate district to refund the amount of money received. Money that is refunded shall be deposited in the state treasury to the credit of the state school aid fund. (11) From the funds allocated in subsection (1), there is allocated the amount necessary, estimated at $3,400,000.00 for 2014‑2015 $3,800,000.00 FOR 2015‑2016 and estimated at $3,300,000.00 for 2015‑2016, $3,700,000.00 FOR 2016‑2017, to pay the foundation allowances for pupils described in this subsection. The allocation to a district under this subsection shall be calculated by multiplying the number of pupils described in this subsection who are counted in membership in the district No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1047 times THE SUM OF the foundation allowance under section 20 of the pupil’s district of residence PLUS THE AMOUNT OF THE DISTRICT’S PER‑PUPIL ALLOCATION UNDER SECTION 20M, not to exceed the basic foundation allowance under section 20 for the current fiscal year, or, for a pupil described in this subsection who is counted in membership in a district that is a public school academy, times an amount equal to the amount per membership pupil under section 20(6) or, for a pupil described in this subsection who is counted in membership in the education achievement system, times an amount equal to the amount per membership pupil under section 20(7). The allocation to an intermediate district under this subsection shall be calculated in the same manner as for a district, using the foundation allowance under section 20 of the pupil’s district of residence, not to exceed the basic foundation allowance under section 20 for the current fiscal year, AND THAT DISTRICT’S PER‑PUPIL ALLOCATION UNDER SECTION 20M. This subsection applies to all of the following pupils: (a) Pupils described in section 53a. (b) Pupils counted in membership in an intermediate district who are not special education pupils and are served by the intermediate district in a juvenile detention or child caring facility. (c) Pupils with an emotional impairment counted in membership by an intermediate district and provided educational services by the department of health and human services. (12) If it is determined that funds allocated under subsection (2) or (11) or under section 51c will not be expended, funds up to the amount necessary and available may be used to supplement the allocations under subsection (2) or (11) or under section 51c in order to fully fund those allocations. After payments under subsections (2) and (11) and section 51c, the remaining expenditures from the allocation in subsection (1) shall be made in the following order: (a) 100% of the reimbursement required under section 53a. (b) 100% of the reimbursement required under subsection (6). (c) 100% of the payment required under section 54. (d) 100% of the payment required under subsection (3). (e) 100% of the payments under section 56. (13) The allocations under subsections (2), (3), and (11) shall be allocations to intermediate districts only and shall not be allocations to districts, but instead shall be calculations used only to determine the state payments under section 22b. (14) If a public school academy enrolls pursuant to this section a pupil who resides outside of the intermediate district in which the public school academy is located and who is eligible for special education programs and services according to statute or rule, or who is a child with disabilities, as defined under the individuals with disabilities education act, Public Law 108‑446, the provision of special education programs and services and the payment of the added costs of special education programs and services for the pupil are the responsibility of the district and intermediate district in which the pupil resides unless the enrolling district or intermediate district has a written agreement with the district or intermediate district in which the pupil resides or the public school academy for the purpose of providing the pupil with a free appropriate public education and the written agreement includes at least an agreement on the responsibility for the payment of the added costs of special education programs and services for the pupil. (15) It is the intent of the legislature that, beginning BEGINNING in 2016‑2017, a district, public school academy, or intermediate district that fails to comply with subsection (14) or with the requirements of federal regulations regarding the treatment of public school academies and public school academy pupils for the purposes of special education, 34 CFR 300.209, forfeits from its total state aid an amount equal to 10% of its total state aid. Sec. 51c. As required by the court in the consolidated cases known as Durant v State of Michigan, Michigan supreme court docket no. 104458‑104492, from the allocation under section 51a(1), there is allocated each fiscal year for 2014‑2015 2015‑2016 and for 2015‑2016 2016‑2017 the amount necessary, estimated at $597,300,000.00 for 2014‑2015 $624,800,000.00 FOR 2015‑2016 and estimated at $610,000,000.00 for 2015‑2016, $644,500,000.00 FOR 2016‑2017, for payments to reimburse districts for 28.6138% of total approved costs of special education excluding costs reimbursed under section 53a, and 70.4165% of total approved costs of special education transportation. Funds allocated under this section that are not expended in the state fiscal year for which they were allocated, as determined by the department, may be used to supplement the allocations under sections 22a and 22b in order to fully fund those calculated allocations for the same fiscal year. Sec. 51d. (1) From the federal funds appropriated in section 11, there is allocated for 2015‑2016, 2016‑2017, all available federal funding, estimated at $71,000,000.00, for special education programs and services that are funded by federal grants. All federal funds allocated under this section shall be distributed in accordance with federal law. Notwithstanding section 17b, payments of federal funds to districts, intermediate districts, and other eligible entities under this section shall be paid on a schedule determined by the department. (2) From the federal funds allocated under subsection (1), the following amounts are allocated for 2015‑2016:2016‑2017: (a) An amount estimated at $14,000,000.00 for handicapped infants and toddlers, funded from DED‑OSERS, handicapped infants and toddlers funds. (b) An amount estimated at $12,000,000.00 for preschool grants (Public Law 94‑142), funded from DED‑OSERS, handicapped preschool incentive funds. (c) An amount estimated at $45,000,000.00 for special education programs funded by DED‑OSERS, handicapped program, individuals with disabilities act funds. 1048 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (3) As used in this section, “DED‑OSERS” means the United States Department of Education Office of Special Education and Rehabilitative Services. Sec. 53a. (1) For districts, reimbursement for pupils described in subsection (2) shall be 100% of the total approved costs of operating special education programs and services approved by the department and included in the intermediate district plan adopted pursuant to article 3 of the revised school code, MCL 380.1701 to 380.1766, minus the district’s foundation allowance calculated under section 20 AND MINUS THE DISTRICT’S PER‑PUPIL ALLOCATION UNDER SECTION 20M. For intermediate districts, reimbursement for pupils described in subsection (2) shall be calculated in the same manner as for a district, using the foundation allowance under section 20 of the pupil’s district of residence, not to exceed the basic foundation allowance under section 20 for the current fiscal year, AND THAT DISTRICT’S PER‑PUPIL ALLOCATION UNDER SECTION 20M. (2) Reimbursement under subsection (1) is for the following special education pupils: (a) Pupils assigned to a district or intermediate district through the community placement program of the courts or a state agency, if the pupil was a resident of another intermediate district at the time the pupil came under the jurisdiction of the court or a state agency. (b) Pupils who are residents of institutions operated by the department of health and human services. (c) Pupils who are former residents of department of community health institutions for the developmentally disabled who are placed in community settings other than the pupil’s home. (d) Pupils enrolled in a department‑approved on‑grounds educational program longer than 180 days, but not longer than 233 days, at a residential child care institution, if the child care institution offered in 1991‑92 an on‑grounds educational program longer than 180 days but not longer than 233 days. (e) Pupils placed in a district by a parent for the purpose of seeking a suitable home, if the parent does not reside in the same intermediate district as the district in which the pupil is placed. (3) Only those costs that are clearly and directly attributable to educational programs for pupils described in subsection (2), and that would not have been incurred if the pupils were not being educated in a district or intermediate district, are reimbursable under this section. (4) The costs of transportation shall be funded under this section and shall not be reimbursed under section 58. (5) Not more than $10,500,000.00 of the allocation for 2015‑2016 2016‑2017 in section 51a(1) shall be allocated under this section. Sec. 54. Each intermediate district shall receive an amount per‑pupil for each pupil in attendance at the Michigan schools for the deaf and blind. The amount shall be proportionate to the total instructional cost at each school. Not more than $1,688,000.00 of the allocation for 2015‑2016 2016‑2017 in section 51a(1) shall be allocated under this section. SEC. 54B. (1) FROM THE GENERAL FUND APPROPRIATION IN SECTION 11, THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $1,125,000.00 FOR 2016‑2017 TO BEGIN IMPLEMENTATION OF THE RECOMMENDATIONS OF THE SPECIAL EDUCATION REFORM TASK FORCE PUBLISHED IN JANUARY 2016. (2) FROM THE ALLOCATION IN SUBSECTION (1), THERE IS ALLOCATED FOR 2016‑2017 AN AMOUNT NOT TO EXCEED $625,000.00 FOR THE PURPOSE OF PILOTING STATEWIDE IMPLEMENTATION OF THE MICHIGAN INTEGRATED BEHAVIOR AND LEARNING SUPPORT INITIATIVE (MIBLSI), A NATIONALLY RECOGNIZED PROGRAM THAT INCLUDES POSITIVE BEHAVIORAL INTERVENTION AND SUPPORTS AND PROVIDES A STATEWIDE STRUCTURE TO SUPPORT LOCAL INITIATIVES FOR AN INTEGRATED BEHAVIOR AND READING PROGRAM. WITH THE ASSISTANCE OF THE INTERMEDIATE DISTRICTS INVOLVED IN MIBLSI, THE DEPARTMENT SHALL IDENTIFY AT LEAST 3 INTERMEDIATE DISTRICTS TO PARTICIPATE IN THE PILOT TO ENSURE THAT MIBLSI CAN BE IMPLEMENTED STATEWIDE WITH FIDELITY AND SUSTAINABILITY. IN ADDITION, THE DEPARTMENT SHALL IDENTIFY AN INTERMEDIATE DISTRICT TO ACT AS A FISCAL AGENT FOR THESE FUNDS. (3) FROM THE ALLOCATION IN SUBSECTION (1), THERE IS ALLOCATED FOR 2016‑2017 AN AMOUNT NOT TO EXCEED $500,000.00 FOR THE PURPOSE OF PROVIDING TRAINING TO INTERMEDIATE DISTRICTS AND DISTRICTS RELATED TO THE SAFE IMPLEMENTATION OF EMERGENCY RESTRAINTS AND SECLUSION. THE DEPARTMENT SHALL DEVELOP AND IMPLEMENT A TRAINING PROGRAM THAT IS BASED ON THE STATE BOARD’S ADOPTED STANDARDS AND ON ANY OTHER LEGISLATION ENACTED BY THE LEGISLATURE REGARDING THE EMERGENCY USE OF SECLUSION AND RESTRAINT. Sec. 55. (1) From the money appropriated in section 11, there is allocated an amount not to exceed $150,000.00 for 2015‑2016 2016‑2017 to Michigan State University, Department of Epidemiology, for a study of the Conductive Learning Center located at Aquinas College. This funding shall be used to develop and implement an evaluation of the effectiveness of conductive education for children with cerebral palsy. The evaluation shall be multidimensional and shall include a control group of children with cerebral palsy not enrolled in conductive education. It should include an assessment of the motor system itself as well as the impact of conductive education on each of the following: (a) The acquisition of skills permitting complex motor functions. (b) The performance of tasks essential to daily living. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1049 (c) The attitudes and feelings of both children and parents. (d) The long‑term need for special education for children with cerebral palsy. (2) It is the intent of the legislature that this THIS funding is for the first SECOND of 2 years of funding for this purpose. Sec. 56. (1) For the purposes of this section: (a) “Membership” means for a particular fiscal year the total membership for the immediately preceding fiscal year of the intermediate district and the districts constituent to the intermediate district. (b) “Millage levied” means the millage levied for special education pursuant to part 30 of the revised school code, MCL 380.1711 to 380.1743, including a levy for debt service obligations. (c) “Taxable value” means the total taxable value of the districts constituent to an intermediate district, except that if a district has elected not to come under part 30 of the revised school code, MCL 380.1711 to 380.1743, membership and taxable value of the district shall not be included in the membership and taxable value of the intermediate district. (2) From the allocation under section 51a(1), there is allocated an amount not to exceed $37,758,100.00 EACH FISCAL YEAR for 2015‑2016 AND FOR 2016‑2017 to reimburse intermediate districts levying millages for special education pursuant to part 30 of the revised school code, MCL 380.1711 to 380.1743. The purpose, use, and expenditure of the reimbursement shall be limited as if the funds were generated by these millages and governed by the intermediate district plan adopted pursuant to article 3 of the revised school code, MCL 380.1701 to 380.1766. As a condition of receiving funds under this section, an intermediate district distributing any portion of special education millage funds to its constituent districts shall submit for departmental approval and implement a distribution plan. (3) Reimbursement for those millages levied in 2014‑2015 shall be made in 2015‑2016 at an amount per 2014‑2015 membership pupil computed by subtracting from $174,400.00 $175,300.00 the 2014‑2015 taxable value behind each membership pupil and multiplying the resulting difference by the 2014‑2015 millage levied. (4) REIMBURSEMENT FOR THOSE MILLAGES LEVIED IN 2015‑2016 SHALL BE MADE IN 2016‑2017 AT AN AMOUNT PER 2015‑2016 MEMBERSHIP PUPIL COMPUTED BY SUBTRACTING FROM $179,600.00 THE 2015‑2016 TAXABLE VALUE BEHIND EACH MEMBERSHIP PUPIL AND MULTIPLYING THE RESULTING DIFFERENCE BY THE 2015‑2016 MILLAGE LEVIED. (5) (4) The amount paid to a single intermediate district under this section shall not exceed 62.9% of the total amount allocated under subsection (2). (6) (5) The amount paid to a single intermediate district under this section shall not be less than 75% of the amount allocated to the intermediate district under this section for the immediately preceding fiscal year. Sec. 61a. (1) From the appropriation in section 11, there is allocated an amount not to exceed $36,611,300.00 for 2015‑2016 2016‑2017 to reimburse on an added cost basis districts, except for a district that served as the fiscal agent for a vocational education consortium in the 1993‑94 school year, and secondary area vocational‑technical education centers for secondary‑level career and technical education programs according to rules approved by the superintendent. Applications for participation in the programs shall be submitted in the form prescribed by the department. The department shall determine the added cost for each career and technical education program area. The allocation of added cost funds shall be prioritized based on the capital and program expenditures needed to operate the career and technical education programs provided; the number of pupils enrolled; the advancement of pupils through the instructional program; the existence of an articulation agreement with at least 1 postsecondary institution that provides pupils with opportunities to earn postsecondary credit during the pupil’s participation in the career and technical education program and transfers those credits to the postsecondary institution upon completion of the career and technical education program; AND the program rank in student placement, job openings, and wages, ; and the length of the training period provided, and shall not exceed 75% of the added cost of any program. Notwithstanding any rule or department determination to the contrary, when determining a district’s allocation or the formula for making allocations under this section, the department shall include the participation of pupils in grade 9 in all of those determinations and in all portions of the formula. With the approval of the department, the board of a district maintaining a secondary career and technical education program may offer the program for the period from the close of the school year until September 1. The program shall use existing facilities and shall be operated as prescribed by rules promulgated by the superintendent. (2) Except for a district that served as the fiscal agent for a vocational education consortium in the 1993‑94 school year, districts and intermediate districts shall be reimbursed for local career and technical education administration, shared time career and technical education administration, and career education planning district career and technical education administration. The definition of what constitutes administration and reimbursement shall be pursuant to guidelines adopted by the superintendent. Not more than $800,000.00 of the allocation in subsection (1) shall be distributed under this subsection. (3) A career and technical education program funded under this section may provide an opportunity for participants who are eligible to be funded under section 107 to enroll in the career and technical education program funded under this section if the participation does not occur during regular school hours. (4) IN ADDITION TO THE MONEY ALLOCATED UNDER SUBSECTION (1), FROM THE GENERAL FUND MONEY APPROPRIATED IN SECTION 11, THERE IS ALLOCATED FOR 2016‑2017 AN AMOUNT NOT TO EXCEED $79,000.00 TO AN ELIGIBLE MICHIGAN‑APPROVED 501(C)(3) ORGANIZATION FOR THE PURPOSES OF TEACHING OR TRAINING RESTAURANT MANAGEMENT AND CULINARY ARTS FOR CAREER AND PROFESSIONAL DEVELOPMENT. THE DEPARTMENT SHALL OVERSEE FUNDS 1050 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 DISTRIBUTED TO AN ELIGIBLE GRANTEE UNDER THIS SECTION. AS USED IN THIS SUBSECTION, “ELIGIBLE MICHIGAN‑APPROVED 501(C)(3) ORGANIZATION” MEANS AN ORGANIZATION THAT IS EXEMPT FROM TAXATION UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE OF 1986, 26 USC 501, THAT PROVIDES CURRICULUM AND TRAINING TO STATE‑APPROVED CAREER AND TECHNICAL EDUCATION PROGRAMS WITH CLASSIFICATION OF INSTRUCTIONAL PROGRAMS (CIP) CODES IN THE 12.05XX CATEGORY, AND THAT ADMINISTERS NATIONAL CERTIFICATION FOR THE PURPOSE OF RESTAURANT MANAGEMENT AND CULINARY ARTS FOR CAREER AND PROFESSIONAL DEVELOPMENT. Sec. 61b. (1) From the appropriation in section 11, there is allocated an amount not to exceed $10,000,000.00 $1,000,000.00 for 2015‑2016 AND THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $9,000,000.00 FOR 2016‑2017 for CTE early/middle college AND CTE DUAL ENROLLMENT programs authorized under this section. The purpose of these programs is to increase the number of Michigan residents with high‑quality degrees or credentials, and to increase the number of students who are college and career ready upon high school graduation. (2) From the funds allocated under subsection (1), an amount as determined under this subsection shall be allocated to each intermediate district serving as a fiscal agent for state‑approved CTE early/middle college AND CTE DUAL ENROLLMENT programs in each of the prosperity regions and subregions identified by the department. An intermediate district shall not use more than 5% of the funds allocated under this subsection for administrative costs for serving as the fiscal agent. (3) To be an eligible fiscal agent, an intermediate district must agree to do all of the following in a form and manner determined by the department: (a) Distribute funds to eligible CTE early/middle college AND CTE DUAL ENROLLMENT programs in a prosperity region or subregion as described in this section. (b) Collaborate with the talent district career council that is located in the prosperity region or subregion to develop a regional strategic plan under subsection (4) that aligns CTE programs and services into an efficient and effective delivery system for high school students. (c) Implement a regional process to rank career clusters in the prosperity region or subregion as described under subsection (4). Regional processes shall be approved by the department before the ranking of career clusters. (d) Report CTE early/middle college AND CTE DUAL ENROLLMENT program and student data and information as prescribed by the department. (4) A regional strategic plan must be approved by the talent district career council before submission to the department. A regional strategic plan shall include, but not be limited to, the following: (a) An identification of regional employer need based on a ranking of all career clusters in the prosperity region or subregion ranked by 10‑year job openings projections and median wage for each standard occupational code in each career cluster as obtained from the United States Bureau of Labor Statistics. Standard occupational codes within high‑ranking clusters also may be further ranked by median wage. The rankings shall be reviewed by the talent district career council located in the prosperity region or subregion and modified if necessary to accurately reflect employer demand for talent in the prosperity region or subregion. A TALENT DISTRICT CAREER COUNCIL SHALL DOCUMENT THAT IT HAS CONDUCTED THIS REVIEW AND CERTIFY THAT IT IS ACCURATE. These career cluster rankings shall be determined and updated once every 3 4 years. (b) An identification of educational entities in the prosperity region or subregion that will provide eligible CTE early/middle college AND CTE DUAL ENROLLMENT programs including districts, intermediate districts, postsecondary institutions, and noncredit occupational training programs leading to an industry‑recognized credential. (c) A strategy to inform parents and students of CTE early/middle college AND CTE DUAL ENROLLMENT programs in the prosperity region or subregion. (d) Any other requirements as defined by the department. (5) An eligible CTE early/middle college program is a 5‑year high school program that meets all of the following: (a) Has been identified in the highest 5 career cluster rankings in any of the 10 regional strategic plans jointly approved by the Michigan talent investment agency in the department of talent and economic development and the department. (b) Has a coherent sequence of courses that will allow a student to earn a high school diploma and achieve at least 1 of the following in a specific career cluster: (i) An associate degree. (ii) An industry‑recognized technical certification approved by the Michigan talent investment agency in the department of talent and economic development. (iii) Up to 60 transferable college credits. (iv) Participation in a registered apprenticeship. (c) Is aligned with the Michigan merit curriculum. (d) Has an articulation agreement with at least 1 postsecondary institution that provides students with opportunities to receive postsecondary credits during the student’s participation in the CTE early/middle college OR CTE DUAL ENROLLMENT program and transfers those credits to the postsecondary institution upon completion of the CTE early/middle college OR CTE DUAL ENROLLMENT program. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1051 (e) Provides instruction that is supervised, directed, or coordinated by an appropriately certificated CTE teacher or, for concurrent enrollment courses, a postsecondary faculty member. (f) Provides for highly integrated student support services that include at least the following: (i) Teachers as academic advisors. (ii) Supervised course selection. (iii) Monitoring of student progress and completion. (iv) Career planning services provided by a local one‑stop service center as described in the Michigan works one‑stop service center system act, 2006 PA 491, MCL 408.111 to 408.135, or by a high school counselor or advisor. (g) Has courses that are taught on a college campus, are college courses offered at the high school and taught by college faculty, or are courses taught in combination with online instruction. (6) Funds to eligible CTE early/middle college AND CTE DUAL ENROLLMENT programs shall be distributed as follows: (a) The department shall calculate statewide average CTE costs per full‑time equated pupil for each career cluster CIP CODE PROGRAM by dividing total prior year statewide costs for each career cluster CIP CODE PROGRAM by prior year full‑time equated pupils for each career cluster.CIP CODE PROGRAM. (b) Distribution to each eligible CTE early/middle college OR CTE DUAL ENROLLMENT program shall be the product of 50% of CTE costs per full‑time equated pupil times the current year full‑time equated pupil enrollment of each career cluster in an eligible CTE early/middle college OR CTE DUAL ENROLLMENT program. (7) In order to receive funds under this section, a CTE early/middle college OR CTE DUAL ENROLLMENT program shall furnish to the intermediate district that is the fiscal agent identified in subsection (1), in a form and manner determined by the department, all information needed to administer this program and meet federal reporting requirements; shall allow the department or the department’s designee to review all records related to the program for which it receives funds; and shall reimburse the state for all disallowances found in the review, as determined by the department. (8) THERE IS ALLOCATED FROM THE FUNDS UNDER SUBSECTION (1) AN AMOUNT NOT TO EXCEED $500,000.00 EACH FISCAL YEAR FOR 2015‑2016 AND FOR 2016‑2017 FOR GRANTS TO INTERMEDIATE DISTRICTS OR CONSORTIA OF INTERMEDIATE DISTRICTS FOR THE PURPOSE OF PLANNING FOR NEW OR EXPANDED EARLY MIDDLE COLLEGE PROGRAMS. APPLICATIONS FOR GRANTS SHALL BE SUBMITTED IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT. THE AMOUNT OF A GRANT UNDER THIS SUBSECTION SHALL NOT EXCEED $50,000.00. TO BE ELIGIBLE FOR A GRANT UNDER THIS SUBSECTION, AN INTERMEDIATE DISTRICT OR CONSORTIA OF INTERMEDIATE DISTRICTS MUST PROVIDE MATCHING FUNDS EQUAL TO THE GRANT RECEIVED UNDER THIS SUBSECTION. NOTWITHSTANDING SECTION 17B, PAYMENTS UNDER THIS SUBSECTION MAY BE MADE AS DETERMINED BY THE DEPARTMENT. (9) (8) Funds distributed under this section may be used to fund program expenditures that would otherwise be paid from foundation allowances. A PROGRAM RECEIVING FUNDING UNDER SECTION 61A MAY RECEIVE FUNDING UNDER THIS SECTION FOR ALLOWABLE COSTS THAT EXCEED THE REIMBURSEMENT THE PROGRAM RECEIVED UNDER SECTION 61A. THE COMBINED PAYMENTS RECEIVED BY A PROGRAM UNDER SECTION 61A AND THIS SECTION SHALL NOT EXCEED THE TOTAL ALLOWABLE COSTS OF THE PROGRAM. A program provider shall not use more than 5% of the funds allocated under this section to the program for administrative costs. (10) (9) If the allocation under subsection (1) is insufficient to fully fund payments as otherwise calculated under this section, the department shall prorate payments under this section on an equal percentage basis. (11) (10) If pupils enrolled in a career cluster in an eligible CTE early/middle college OR CTE DUAL ENROLLMENT program qualify to be reimbursed under this section, those pupils continue to qualify for reimbursement until graduation, even if the career cluster is no longer identified as being in the highest 5 career cluster rankings. (12) IT IS THE INTENT OF THE LEGISLATURE TO PROVIDE FUNDS IN 2017‑2018 TO REIMBURSE DISTRICTS WITH EARLY/MIDDLE COLLEGE PROGRAMS FOR THE ADDED COSTS OF PROVIDING BOTH A HIGH SCHOOL DIPLOMA AND AN ASSOCIATE’S DEGREE, INDUSTRY‑RECOGNIZED CERTIFICATION, UP TO 60 TRANSFERABLE COLLEGE CREDITS, OR PARTICIPATION IN A REGISTERED APPRENTICESHIP IN LESS THAN 5 YEARS. (13) (11) As used in this section: (a) “Allowable costs” means those costs directly attributable to the program as jointly determined by the Michigan talent investment agency and the department. (B) “CIP” MEANS CLASSIFICATION OF INSTRUCTIONAL PROGRAMS. (C) (b) “CTE” means career and technical education PROGRAMS. (D) “CTE DUAL ENROLLMENT PROGRAM” MEANS A 4‑YEAR HIGH SCHOOL PROGRAM OF POSTSECONDARY COURSES OFFERED BY ELIGIBLE POSTSECONDARY EDUCATIONAL INSTITUTIONS THAT LEADS TO AN INDUSTRY‑RECOGNIZED CERTIFICATION OR DEGREE. (E) “EARLY/MIDDLE COLLEGE PROGRAM” MEANS A 5‑YEAR HIGH SCHOOL PROGRAM. 1052 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (F) “ELIGIBLE POSTSECONDARY EDUCATIONAL INSTITUTION” MEANS THAT TERM AS DEFINED IN SECTION 3 OF THE CAREER AND TECHNICAL PREPARATION ACT, 2000 PA 258, MCL 388.1903. (G) (c) “Talent district career council” means an advisory council to the local workforce development boards located in a prosperity region consisting of educational, employer, labor, and parent representatives. SEC. 61C. (1) FROM THE GENERAL FUND APPROPRIATION IN SECTION 11, THERE IS ALLOCATED FOR 2016‑2017 AN AMOUNT NOT TO EXCEED $3,000,000.00 TO CAREER EDUCATION PLANNING DISTRICTS FOR THE CTE SKILLED TRADES INITIATIVE UNDER THIS SECTION. (2) TO BE ELIGIBLE TO RECEIVE FUNDING UNDER THIS SECTION, EACH CEPD SHALL APPLY IN A FORM AND MANNER DETERMINED BY THE DEPARTMENT. FUNDING TO EACH CEPD SHALL BE EQUAL TO THE QUOTIENT OF THE ALLOCATION UNDER SUBSECTION (1) AND THE SUM OF THE NUMBER OF COOPERATING EDUCATIONAL POLICY DISTRICTS APPLYING FOR FUNDING UNDER THIS SECTION. (3) THE FUNDING ALLOCATED TO EACH CEPD SHALL BE USED TO UPDATE EQUIPMENT IN CURRENT CTE PROGRAMS THAT ARE SUPPORTING AND DRIVING ECONOMIC DEVELOPMENT IN THEIR INDIVIDUAL COMMUNITIES, OR FOR NEW AND EMERGING CERTIFIED CTE PROGRAMS TO ALLOW CEPD ADMINISTRATORS TO PROVIDE PROGRAMMING IN COMMUNITIES THAT WILL ENHANCE ECONOMIC DEVELOPMENT. THE FUNDING FOR EQUIPMENT SHOULD BE USED TO SUPPORT AND ENHANCE COMMUNITY AREAS THAT HAVE SUSTAINED JOB GROWTH, AND ACT AS A COMMITMENT TO BUILD A MORE QUALIFIED AND SKILLED WORKFORCE. (4) THE ALLOCATION OF FUNDS AT THE LOCAL LEVEL SHALL BE DETERMINED BY CEPD ADMINISTRATORS USING DATA FROM THE STATE, REGION, AND LOCAL SOURCES TO MAKE WELL‑INFORMED DECISIONS ON PROGRAM EQUIPMENT IMPROVEMENTS. GRANTS AWARDED BY CEPD ADMINISTRATORS FOR CAPITAL INFRASTRUCTURE SHALL BE USED TO ENSURE THAT CTE PROGRAMS CAN DELIVER EDUCATIONAL PROGRAMS IN HIGH‑WAGE, HIGH‑SKILL, AND HIGH‑DEMAND OCCUPATIONS. EACH CEPD SHALL CONTINUE TO ENSURE THAT PROGRAM ADVISORY BOARDS MAKE RECOMMENDATIONS ON NEEDED IMPROVEMENTS FOR EQUIPMENT THAT SUPPORT JOB GROWTH AND JOB SKILL DEVELOPMENT AND RETENTION FOR BOTH THE PRESENT AND THE FUTURE. (5) NOT LATER THAN SEPTEMBER 15 OF EACH FISCAL YEAR, EACH CEPD RECEIVING FUNDING UNDER THIS SECTION SHALL ANNUALLY REPORT TO THE DEPARTMENT, THE SENATE AND HOUSE APPROPRIATIONS SUBCOMMITTEES ON STATE SCHOOL AID, AND THE SENATE AND HOUSE FISCAL AGENCIES AND LEGISLATURE ON EQUIPMENT PURCHASED UNDER THIS SECTION. IN ADDITION, THE REPORT SHALL IDENTIFY GROWTH DATA ON PROGRAM INVOLVEMENT, RETENTION, AND DEVELOPMENT OF STUDENT SKILLS. (6) IN ADDITION TO THE FUNDS ALLOCATED UNDER SUBSECTION (1), FROM THE FUNDS APPROPRIATED UNDER SECTION 11, THERE IS ALLOCATED FOR 2016‑2017 AN AMOUNT NOT TO EXCEED $200,000.00 TO A DISTRICT TO SUPPORT A MECHATRONICS PROGRAM THAT OPERATED IN 2015‑2016 FOR UPDATING MECHATRONICS PROGRAM EQUIPMENT. TO BE ELIGIBLE TO RECEIVE A GRANT UNDER THIS SUBSECTION, A PROGRAM SHALL BE A FLEXIBLE LEARNING PROGRAM THAT OFFERED IN 2015‑2016 BOTH CLASSROOM AND HANDS‑ON TRAINING IN MECHATRONICS. (7) AS USED IN THIS SECTION, “CEPD” MEANS A CAREER EDUCATION PLANNING DISTRICT DESCRIBED IN THIS SECTION. Sec. 62. (1) For the purposes of this section: (a) “Membership” means for a particular fiscal year the total membership for the immediately preceding fiscal year of the intermediate district and the districts constituent to the intermediate district or the total membership for the immediately preceding fiscal year of the area vocational‑technical program. (b) “Millage levied” means the millage levied for area vocational‑technical education pursuant to sections 681 to 690 of the revised school code, MCL 380.681 to 380.690, including a levy for debt service obligations incurred as the result of borrowing for capital outlay projects and in meeting capital projects fund requirements of area vocational‑technical education. (c) “Taxable value” means the total taxable value of the districts constituent to an intermediate district or area vocational‑technical education program, except that if a district has elected not to come under sections 681 to 690 of the revised school code, MCL 380.681 to 380.690, the membership and taxable value of that district shall not be included in the membership and taxable value of the intermediate district. However, the membership and taxable value of a district that has elected not to come under sections 681 to 690 of the revised school code, MCL 380.681 to 380.690, shall be included in the membership and taxable value of the intermediate district if the district meets both of the following: (i) The district operates the area vocational‑technical education program pursuant to a contract with the intermediate district. (ii) The district contributes an annual amount to the operation of the program that is commensurate with the revenue that would have been raised for operation of the program if millage were levied in the district for the program under sections 681 to 690 of the revised school code, MCL 380.681 to 380.690. (2) From the appropriation in section 11, there is allocated an amount not to exceed $9,190,000.00 EACH FISCAL YEAR for 2015‑2016 AND FOR 2016‑2017 to reimburse intermediate districts and area vocational‑technical education programs No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1053 established under section 690(3) of the revised school code, MCL 380.690, levying millages for area vocational‑technical education pursuant to sections 681 to 690 of the revised school code, MCL 380.681 to 380.690. The purpose, use, and expenditure of the reimbursement shall be limited as if the funds were generated by those millages. (3) Reimbursement for the millages levied in 2014‑2015 shall be made in 2015‑2016 at an amount per 2014‑2015 membership pupil computed by subtracting from $189,400.00 $192,200.00 the 2014‑2015 taxable value behind each membership pupil and multiplying the resulting difference by the 2014‑2015 millage levied. (4) REIMBURSEMENT FOR THE MILLAGES LEVIED IN 2015‑2016 SHALL BE MADE IN 2016‑2017 AT AN AMOUNT PER 2015‑2016 MEMBERSHIP PUPIL COMPUTED BY SUBTRACTING FROM $196,300.00 THE 2015‑2016 TAXABLE VALUE BEHIND EACH MEMBERSHIP PUPIL AND MULTIPLYING THE RESULTING DIFFERENCE BY THE 2015‑2016 MILLAGE LEVIED. (5) (4) The amount paid to a single intermediate district under this section shall not exceed 38.4% of the total amount allocated under subsection (2). (6) (5) The amount paid to a single intermediate district under this section shall not be less than 75% of the amount allocated to the intermediate district under this section for the immediately preceding fiscal year. SEC. 63. FROM THE APPROPRIATION UNDER SECTION 11, THERE IS ALLOCATED FOR 2016‑2017 AN AMOUNT NOT TO EXCEED $250,000.00 FOR A PAYMENT TO AN INTERMEDIATE DISTRICT THAT IS PARTICIPATING IN A JOINT CAPITAL PROJECT WITH A LOCAL HEALTH DEPARTMENT IN WHICH THE HEALTH DEPARTMENT IS CONSTRUCTING A NEW BUILDING ON THE INTERMEDIATE DISTRICT’S PROPERTY THAT WILL HAVE AN ENCLOSED HALLWAY TO CONNECT WITH A CAREER AND TECHNICAL EDUCATION CENTER. THIS ALLOCATION IS TO SUPPORT THE COSTS INCURRED BY THE INTERMEDIATE DISTRICT DUE TO THIS PROJECT. Sec. 64b. (1) From the appropriation in section 11, there is allocated an amount not to exceed $1,750,000.00 EACH FISCAL YEAR for 2015‑2016 AND FOR 2016‑2017 for supplemental payments to districts that support the attendance of district pupils in grades 9 to 12 under the postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to 388.524, or under the career and technical preparation act, 2000 PA 258, MCL 388.1901 to 388.1913, consistent with section 21b, or that support the attendance of district pupils in a concurrent enrollment program if the district meets the requirements under subsection (3). Programs funded under this section are intended to increase the number of pupils who are college‑ and career‑ready upon high school graduation. (2) To be eligible for payments under this section for supporting the attendance of district pupils under the postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to 388.524, or under the career and technical preparation act, 2000 PA 258, MCL 388.1901 to 388.1913, a district shall do all of the following: (a) Provide information to all high school pupils on postsecondary enrollment options, including enrollment eligibility, the institutions and types of courses that are eligible for participation, the decision‑making process for granting academic credit, and an explanation of eligible charges that will be paid by the district. (b) Enter into a written agreement with a postsecondary institution before the enrollment of district pupils. (c) Agree to pay all eligible charges pursuant to section 21b. (d) Award high school credit for the postsecondary course if the pupil successfully completes the course. (3) To be eligible for payments under this section for pupils enrolled in a concurrent enrollment program, a district shall do all of the following: (a) Provide information to all high school pupils on postsecondary enrollment options, including enrollment eligibility, the institutions and types of courses that are eligible for participation, the decision‑making process for granting academic credit, and an explanation of eligible charges that will be paid by the district. (b) Enter into a written agreement with a postsecondary institution establishing the concurrent enrollment program before the enrollment of district pupils in a postsecondary course through the postsecondary institution. (c) Ensure that the course is taught by either a high school teacher or postsecondary faculty pursuant to standards established by the postsecondary institution with which the district has entered into a written agreement to operate the concurrent enrollment program. (d) Ensure that the written agreement provides that the postsecondary institution agrees not to charge the pupil for any cost of the program. (e) Ensure that the course is taught in the local district or intermediate district. (f) Ensure that the pupil is awarded both high school and college credit at any A community college or state public university in this state upon successful completion of the course as outlined in the agreement with the postsecondary institution. (4) Funds shall be awarded to eligible districts under this section in the following manner: (a) A payment of $10.00 per credit, for up to 3 credits, for a credit‑bearing course in which a pupil enrolls during the 2015‑2016 OR 2016‑2017 school year, AS APPLICABLE, as described under either subsection (2) or (3). (b) An additional payment of $30.00 per‑pupil per course identified in subdivision (a), if the pupil successfully completes, and is awarded both high school and postsecondary credit for, the course during the 2015‑2016 OR 2016‑2017 school year, AS APPLICABLE. 1054 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (5) A district requesting payment under this section shall submit an application to the department in the form and manner prescribed by the department. Notwithstanding section 17b, payments under this section shall be made on a schedule determined by the department. Sec. 65. (1) From the general fund money appropriated under section 11, there is allocated an amount not to exceed $340,000.00 for 2015‑2016 2016‑2017 for a pre‑college engineering K‑12 educational program that is focused on the development of a diverse future Michigan workforce, that serves multiple communities within southeast Michigan, that enrolls pupils from multiple districts, and that received funds appropriated for this purpose in the appropriations act that provided the Michigan strategic fund budget for 2014‑2015. (2) To be eligible for funding under this section, a program must have the ability to expose pupils to, and motivate and prepare pupils for, science, technology, engineering, and mathematics careers and postsecondary education with special attention given to groups of pupils who are at‑risk and underrepresented in technical professions and careers. Sec. 67. (1) From the general fund amount appropriated in section 11, there is allocated an amount not to exceed $3,600,000.00 for 2015‑2016 $3,050,000.00 FOR 2016‑2017 for college and career preparation activities. The programs funded under this section are intended to inform students of college and career options and to provide a wide array of tools and resources intended to increase the number of pupils who are adequately prepared with the information needed to make informed decisions on college and career. The funds appropriated under this section are intended to be used to increase the number of Michigan residents with high‑quality degrees or credentials. Funds appropriated under this section shall not be used to supplant funding for counselors already funded by districts. (2) From the amount allocated in subsection (1), an amount not to exceed $3,000,000.00 shall be used for the college access program. The talent investment agency of the department of talent and economic development shall administer these funds in collaboration with the Michigan college access network. These funds may be used for any of the following purposes: (a) Michigan college access network operations, programming, and services to local college access networks. (b) Local college access networks, which are community‑based college access/success partnerships committed to increasing the college participation and completion rates within geographically defined communities through a coordinated strategy. (c) The Michigan college advising program, a program intended to place trained, recently graduated college advisors in high schools that serve significant numbers of low‑income and first‑generation college‑going pupils. State funds used for this purpose may not exceed 33% of the total funds available under this subsection. (d) Subgrants of up to $5,000.00 to districts with comprehensive high schools that establish a college access team and implement specific strategies to create a college‑going culture in a high school in a form and manner approved by the Michigan college access network and the Michigan talent investment agency. (e) The Michigan college access portal, an online one‑stop portal to help pupils and families plan and apply for college. (f) Public awareness and outreach campaigns to encourage low‑income and first‑generation college‑going pupils to take necessary steps toward college and to assist pupils and families in completing a timely and accurate free application for federal student aid. (g) Subgrants to postsecondary institutions to recruit, hire, and train college student mentors and college advisors to assist high school pupils in navigating the postsecondary planning and enrollment process. (3) From the amount allocated in subsection (1), an amount not to exceed $600,000.00 $50,000.00 shall be used for the purposes of this subsection. The talent investment agency of the department of talent and economic development shall administer these funds in collaboration with the Michigan college access network and the Michigan Virtual University to provide all of the following: (a) A pilot AN outreach program to provide information to pupils, parents, and educators on dual enrollment and other opportunities available to high school pupils to earn postsecondary credits, industry‑recognized technical certifications, and participation in registered apprenticeships at no cost. (b) An online career planning tool that meets all of the following: (i) Helps pupils create educational development plans before starting high school. (ii) Provides information to pupils allowing them to make more informed choices about career and education options. (iii) Is available to pupils at no cost. (4) For the purposes of this section, “college” means any postsecondary educational opportunity that leads to a career, including, but not limited to, a postsecondary degree, industry‑recognized technical certification, or registered apprenticeship. Sec. 74. (1) From the amount appropriated in section 11, there is allocated an amount not to exceed $3,315,700.00 for 2015‑2016 $3,320,600.00 FOR 2016‑2017 for the purposes of this section. (2) From the allocation in subsection (1), there is allocated for each fiscal year the amount necessary for payments to state supported colleges or universities and intermediate districts providing school bus driver safety instruction pursuant to section 51 of the pupil transportation act, 1990 PA 187, MCL 257.1851. The payments shall be in an amount determined by the department not to exceed the actual cost of instruction and driver compensation for each public or nonpublic school bus driver attending a course of instruction. For the purpose of computing compensation, the hourly rate allowed each school bus driver shall not exceed the hourly rate received for driving a school bus. Reimbursement compensating the driver during the course of instruction shall be made by the department to the college or university or intermediate district providing the course of instruction. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1055 (3) From the allocation in subsection (1), there is allocated for 2015‑2016 2016‑2017 the amount necessary to pay the reasonable costs of nonspecial education auxiliary services transportation provided pursuant to section 1323 of the revised school code, MCL 380.1323. Districts funded under this subsection shall not receive funding under any other section of this article for nonspecial education auxiliary services transportation. (4) From the funds allocated in subsection (1), there is allocated an amount not to exceed $1,690,700.00 for 2015‑2016 $1,695,600.00 FOR 2016‑2017 for reimbursement to districts and intermediate districts for costs associated with the inspection of school buses and pupil transportation vehicles by the department of state police as required under section 715a of the Michigan vehicle code, 1949 PA 300, MCL 257.715a, and section 39 of the pupil transportation act, 1990 PA 187, MCL 257.1839. The department of state police shall prepare a statement of costs attributable to each district for which bus inspections are provided and submit it to the department and to an intermediate district serving as fiduciary in a time and manner determined jointly by the department and the department of state police. Upon review and approval of the statement of cost, the department shall forward to the designated intermediate district serving as fiduciary the amount of the reimbursement on behalf of each district and intermediate district for costs detailed on the statement within 45 days after receipt of the statement. The designated intermediate district shall make payment in the amount specified on the statement to the department of state police within 45 days after receipt of the statement. The total reimbursement of costs under this subsection shall not exceed the amount allocated under this subsection. Notwithstanding section 17b, payments to eligible entities under this subsection shall be paid on a schedule prescribed by the department. Sec. 81. (1) From the appropriation in section 11, there is allocated for 2015‑2016 2016‑2017 to the intermediate districts the sum necessary, but not to exceed $67,108,000.00 to provide state aid to intermediate districts under this section. (2) From the allocation in subsection (1), there is allocated for 2015‑2016 2016‑2017 an amount not to exceed $67,108,000.00 for allocations to each intermediate district in an amount equal to 103.1% 100% of the amount allocated to the intermediate district under this subsection for 2014‑2015. 2015‑2016. Funding provided under this section shall be used to comply with requirements of this article and the revised school code that are applicable to intermediate districts, and for which funding is not provided elsewhere in this article, and to provide technical assistance to districts as authorized by the intermediate school board. (3) Intermediate districts receiving funds under subsection (2) shall collaborate with the department to develop expanded professional development opportunities for teachers to update and expand their knowledge and skills needed to support the Michigan merit curriculum. (4) From the allocation in subsection (1), there is allocated to an intermediate district, formed by the consolidation or annexation of 2 or more intermediate districts or the attachment of a total intermediate district to another intermediate school district or the annexation of all of the constituent K‑12 districts of a previously existing intermediate school district which has disorganized, an additional allotment of $3,500.00 each fiscal year for each intermediate district included in the new intermediate district for 3 years following consolidation, annexation, or attachment. (5) In order to receive funding under subsection (2), an intermediate district shall do all of the following: (a) Demonstrate to the satisfaction of the department that the intermediate district employs at least 1 person who is trained in pupil accounting and auditing procedures, rules, and regulations. (b) Demonstrate to the satisfaction of the department that the intermediate district employs at least 1 person who is trained in rules, regulations, and district reporting procedures for the individual‑level student data that serves as the basis for the calculation of the district and high school graduation and dropout rates. (c) Comply with sections 1278a and 1278b of the revised school code, MCL 380.1278a and 380.1278b. (d) Furnish data and other information required by state and federal law to the center and the department in the form and manner specified by the center or the department, as applicable. (e) Comply with section 1230g of the revised school code, MCL 380.1230g. (f) Comply with section 761 of the revised school code, MCL 380.761. Sec. 94. (1) From the general fund appropriation in section 11, there is allocated to the department for 2015‑2016 2016‑2017 an amount not to exceed $250,000.00 for efforts to increase the number of pupils who participate and succeed in advanced placement and international baccalaureate programs. (2) From the funds allocated under this section, the department shall award funds to cover all or part of the costs of advanced placement test fees or international baccalaureate test fees AND INTERNATIONAL BACCALAUREATE REGISTRATION FEES for low‑income pupils who take an advanced placement or an international baccalaureate test. Payments shall not exceed $20.00 per test completed OR $150.00 PER INTERNATIONAL BACCALAUREATE REGISTRATION FEES PER PUPIL REGISTERED. (3) The department shall only award funds under this section if the department determines that all of the following criteria are met: (a) Each pupil for whom payment is made meets eligibility requirements of the federal advanced placement test fee program under section 1701 of the no child left behind act of 2001, Public Law 107‑110, OR UNDER A CORRESPONDING PROVISION OF THE EVERY STUDENT SUCCEEDS ACT, PUBLIC LAW 114‑95. (b) The tests are administered by the college board, the international baccalaureate organization, or another test provider approved by the department. 1056 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (c) The pupil for whom payment is made pays at least $5.00 toward the cost of each test for which payment is made. (4) The department shall establish procedures for awarding funds under this section. (5) Notwithstanding section 17b, payments under this section shall be made on a schedule determined by the department. Sec. 94a. (1) There is created within the state budget office in the department of technology, management, and budget the center for educational performance and information. The center shall do all of the following: (a) Coordinate the collection of all data required by state and federal law from districts, intermediate districts, and postsecondary institutions. (b) Create, maintain, and enhance this state’s P‑20 longitudinal data system and ensure that it meets the requirements of subsection (4). (c) Collect data in the most efficient manner possible in order to reduce the administrative burden on reporting entities, including, but not limited to, electronic transcript services. (d) Create, maintain, and enhance this state’s web‑based educational portal to provide information to school leaders, teachers, researchers, and the public in compliance with all federal and state privacy laws. Data shall include, but are not limited to, all of the following: (i) Data sets that link teachers to student information, allowing districts to assess individual teacher impact on student performance and consider student growth factors in teacher and principal evaluation systems. (ii) Data access or, if practical, data sets, provided for regional data warehouses that, in combination with local data, can improve teaching and learning in the classroom. (iii) Research‑ready data sets for researchers to perform research that advances this state’s educational performance. (e) Provide data in a useful manner to allow state and local policymakers to make informed policy decisions. (f) Provide public reports to the citizens of this state to allow them to assess allocation of resources and the return on their investment in the education system of this state. (g) Other functions as assigned by the state budget director. (2) Each state department, officer, or agency that collects information from districts, intermediate districts, or postsecondary institutions as required under state or federal law shall make arrangements with the center to ensure that the state department, officer, or agency is in compliance with subsection (1). This subsection does not apply to information collected by the department of treasury under the uniform budgeting and accounting act, 1968 PA 2, MCL 141.421 to 141.440a; the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821; the school bond qualification, approval, and loan act, 2005 PA 92, MCL 388.1921 to 388.1939; or section 1351a of the revised school code, MCL 380.1351a. (3) The center may enter into any interlocal agreements necessary to fulfill its functions. (4) The center shall ensure that the P‑20 longitudinal data system required under subsection (1)(b) meets all of the following: (a) Includes data at the individual student level from preschool through postsecondary education and into the workforce. (b) Supports interoperability by using standard data structures, data formats, and data definitions to ensure linkage and connectivity in a manner that facilitates the exchange of data among agencies and institutions within the state and between states. (c) Enables the matching of individual teacher and student records so that an individual student may be matched with those teachers providing instruction to that student. (d) Enables the matching of individual teachers with information about their certification and the institutions that prepared and recommended those teachers for state certification. (e) Enables data to be easily generated for continuous improvement and decision‑making, including timely reporting to parents, teachers, and school leaders on student achievement. (f) Ensures the reasonable quality, validity, and reliability of data contained in the system. (g) Provides this state with the ability to meet federal and state reporting requirements. (h) For data elements related to preschool through grade 12 and postsecondary, meets all of the following: (i) Contains a unique statewide student identifier that does not permit a student to be individually identified by users of the system, except as allowed by federal and state law. (ii) Contains student‑level enrollment, demographic, and program participation information. (iii) Contains student‑level information about the points at which students exit, transfer in, transfer out, drop out, or complete education programs. (iv) Has the capacity to communicate with higher education data systems. (i) For data elements related to preschool through grade 12 only, meets all of the following: (i) Contains yearly test records of individual students for assessments approved by DED‑OESE for accountability purposes under section 1111(b) of the elementary and secondary education act of 1965, 20 USC 6311, including information on individual students not tested, by grade and subject. (ii) Contains student‑level transcript information, including information on courses completed and grades earned. (iii) Contains student‑level college readiness test scores. (j) For data elements related to postsecondary education only: (i) Contains data that provide information regarding the extent to which individual students transition successfully from secondary school to postsecondary education, including, but not limited to, all of the following: (A) Enrollment in remedial coursework. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1057 (B) Completion of 1 year’s worth of college credit applicable to a degree within 2 years of enrollment. (ii) Contains data that provide other information determined necessary to address alignment and adequate preparation for success in postsecondary education. (5) From the general fund appropriation in section 11, there is allocated an amount not to exceed $11,967,000.00 for 2015‑2016 $12,173,200.00 FOR 2016‑2017 to the department of technology, management, and budget to support the operations of the center. In addition, from the federal funds appropriated in section 11 there is allocated for 2015‑2016 2016‑2017 the amount necessary, estimated at $193,500.00, to support the operations of the center and to establish a P‑20 longitudinal data system necessary for state and federal reporting purposes. The center shall cooperate with the department to ensure that this state is in compliance with federal law and is maximizing opportunities for increased federal funding to improve education in this state. (6) From the funds allocated in subsection (5), the center may use an amount determined by the center for competitive grants for 2015‑2016 2016‑2017 to support collaborative efforts on the P‑20 longitudinal data system. All of the following apply to grants awarded under this subsection: (a) The center shall award competitive grants to eligible intermediate districts or a consortium of intermediate districts based on criteria established by the center. (b) Activities funded under the grant shall support the P‑20 longitudinal data system portal and may include portal hosting, hardware and software acquisition, maintenance, enhancements, user support and related materials, and professional learning tools and activities aimed at improving the utility of the P‑20 longitudinal data system. (c) An applicant that received a grant under this subsection for the immediately preceding fiscal year shall receive priority for funding under this section. However, after 3 fiscal years of continuous funding, an applicant is required to compete openly with new applicants. (7) Funds allocated under this section that are not expended in the fiscal year in which they were allocated may be carried forward to a subsequent fiscal year and are appropriated for the purposes for which the funds were originally allocated. (8) The center may bill departments as necessary in order to fulfill reporting requirements of state and federal law. The center may also enter into agreements to supply custom data, analysis, and reporting to other principal executive departments, state agencies, local units of government, and other individuals and organizations. The center may receive and expend funds in addition to those authorized in subsection (5) to cover the costs associated with salaries, benefits, supplies, materials, and equipment necessary to provide such data, analysis, and reporting services. (9) As used in this section: (a) “DED‑OESE” means the United States Department of Education Office of Elementary and Secondary Education. (b) “State education agency” means the department. Sec. 98. (1) From the general fund money appropriated in section 11, there is allocated an amount not to exceed $7,387,500.00 for 2015‑2016 2016‑2017 for the purposes described in this section. THE MICHIGAN VIRTUAL UNIVERSITY SHALL PROVIDE A REPORT TO THE LEGISLATURE NOT LATER THAN NOVEMBER 1, 2016 THAT INCLUDES ITS MISSION, ITS PLANS, AND PROPOSED BENCHMARKS IT MUST MEET, WHICH SHALL INCLUDE A PLAN TO ACHIEVE A 50% INCREASE IN DOCUMENTED IMPROVEMENT IN EACH REQUIREMENT OF THE MICHIGAN VIRTUAL LEARNING RESEARCH INSTITUTE AND MICHIGAN VIRTUAL SCHOOL, AND ALL OTHER ORGANIZATIONAL PRIORITIES IDENTIFIED IN THIS SECTION, IN ORDER TO RECEIVE FULL FUNDING FOR 2017‑2018. NOT LATER THAN MARCH 1, 2017, THE MICHIGAN VIRTUAL UNIVERSITY SHALL PROVIDE AN UPDATE TO THE HOUSE AND SENATE APPROPRIATIONS SUBCOMMITTEES ON SCHOOL AID TO SHOW THE PROGRESS BEING MADE TO MEET THE BENCHMARKS IDENTIFIED. (2) The Michigan Virtual University shall operate the Michigan Virtual Learning Research Institute. The Michigan Virtual Learning Research Institute shall do all of the following: (a) Support and accelerate innovation in education through the following activities: (i) Test, evaluate, and recommend as appropriate new technology‑based instructional tools and resources. (ii) Research, design, and recommend digital VIRTUAL education delivery models for use by pupils and teachers that include age‑appropriate multimedia instructional content. (iii) Research, develop, and recommend annually to the department criteria by which cyber schools and online VIRTUAL course providers should be monitored and evaluated to ensure a quality education for their pupils. (iv) Based on pupil completion and performance data reported to the department or the center for educational performance and information from cyber schools and other online VIRTUAL course providers operating in this state, analyze the effectiveness of online VIRTUAL learning delivery models in preparing pupils to be college‑ and career‑ready and publish a report that highlights enrollment totals, completion rates, and the overall impact on pupils. The report shall be submitted to the house and senate appropriations subcommittees on state school aid, the state budget director, the house and senate fiscal agencies, and the department, DISTRICTS, AND INTERMEDIATE DISTRICTS not later than March 31, 2016.2017. (v) Before August 31, 2016, 2017, provide an extensive professional development program to at least 500 30,000 educational personnel, including teachers, school administrators, and school board members, that focuses on the effective integration of digital VIRTUAL learning into curricula and instruction. THE MICHIGAN VIRTUAL LEARNING RESEARCH INSTITUTE IS ENCOURAGED TO WORK WITH THE MISTEM ADVISORY COUNCIL CREATED UNDER SECTION 99S TO COORDINATE PROFESSIONAL DEVELOPMENT OF TEACHERS IN APPLICABLE FIELDS. 1058 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 IN ADDITION, THE DEPARTMENT SHALL COORDINATE WITH THE MICHIGAN VIRTUAL LEARNING RESEARCH INSTITUTE AND EXTERNAL STAKEHOLDERS FOR PROFESSIONAL DEVELOPMENT IN THIS STATE. Not later than December 1, 2016, 2017, the Michigan Virtual Learning Research Institute shall submit a report to the house and senate appropriations subcommittees on state school aid, the state budget director, the house and senate fiscal agencies, and the department on the number and percentage of teachers, school administrators, and school board members who have received professional development services from the Michigan Virtual University. The report shall also identify barriers and other opportunities to encourage the adoption of digital VIRTUAL learning in the public education system. (vi) Identify and share best practices for planning, implementing, and evaluating online VIRTUAL and blended education delivery models with intermediate districts, districts, and public school academies to accelerate the adoption of innovative education delivery models statewide. (b) Provide leadership for this state’s system of digital VIRTUAL learning education by doing the following activities: (i) Develop and report policy recommendations to the governor and the legislature that accelerate the expansion of effective online VIRTUAL learning in this state’s schools. (ii) Provide a clearinghouse for research reports, academic studies, evaluations, and other information related to online VIRTUAL learning. (iii) Promote and distribute the most current instructional design standards and guidelines for online VIRTUAL teaching. (iv) In collaboration with the department and interested colleges and universities in this state, support implementation and improvements related to effective digital VIRTUAL learning instruction. (v) Pursue public/private partnerships that include districts to study and implement competency‑based technology‑rich online VIRTUAL learning models. (vi) Create a statewide network of school‑based mentors serving as liaisons between pupils, online VIRTUAL instructors, parents, and school staff, AS PROVIDED BY THE DEPARTMENT OR THE CENTER, and provide mentors with research‑based training and technical assistance designed to help more pupils be successful online VIRTUAL learners. (vii) Convene focus groups and conduct annual surveys of teachers, administrators, pupils, parents, and others to identify barriers and opportunities related to online VIRTUAL learning. (viii) Produce an annual consumer awareness report for schools and parents about effective online VIRTUAL education providers and education delivery models, performance data, cost structures, and research trends. (ix) Research and establish an Internet‑based INTERNET‑BASED platform that educators can use to create student‑centric learning tools and resources and facilitate a user network that assists educators in using the platform. As part of this initiative, the Michigan Virtual University shall work collaboratively with districts and intermediate districts to establish a plan to make available online VIRTUAL resources that align to Michigan’s K‑12 curriculum standards for use by students, educators, and parents. (x) Create and maintain a public statewide catalog of online VIRTUAL learning courses being offered by all public schools and community colleges in this state. The Michigan Virtual Learning Research Institute shall identify and develop a list of nationally recognized best practices for online VIRTUAL learning and use this list to support reviews of online VIRTUAL course vendors, courses, and instructional practices. The Michigan Virtual Learning Research Institute shall also provide a mechanism for intermediate districts to use the identified best practices to review content offered by constituent districts. The Michigan Virtual Learning Research Institute shall review the online VIRTUAL course offerings of the Michigan Virtual University, and make the results from these reviews available to the public as part of the statewide catalog. The Michigan Virtual Learning Research Institute shall ensure that the statewide catalog is made available to the public on the Michigan Virtual University website and shall allow the ability to link it to each district’s website as provided for in section 21f. The statewide catalog shall also contain all of the following: (A) The number of enrollments in each online VIRTUAL course in the immediately preceding school year. (B) The number of enrollments that earned 60% or more of the total course points for each online VIRTUAL course in the immediately preceding school year. (C) The completion rate for each online VIRTUAL course. (xi) Develop prototype and pilot registration, payment services, and transcript functionality to the statewide catalog and train key stakeholders on how to use new features. (xii) Collaborate with key stakeholders to examine district level accountability and teacher effectiveness issues related to online VIRTUAL learning under section 21f and make findings and recommendations publicly available. (xiii) PROVIDE A REPORT ON THE ACTIVITIES OF THE MICHIGAN VIRTUAL LEARNING RESEARCH INSTITUTE. (3) To further enhance its expertise and leadership in digital VIRTUAL learning, the Michigan Virtual University shall continue to operate the Michigan Virtual School as a statewide laboratory and quality model of instruction by implementing online VIRTUAL and blended learning solutions for Michigan schools in accordance with the following parameters: (a) The Michigan Virtual School must maintain its accreditation status from recognized national and international accrediting entities. (b) The Michigan Virtual University shall use no more than $1,000,000.00 of the amount allocated under this section to subsidize the cost paid by districts for online VIRTUAL courses. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1059 (c) In providing educators responsible for the teaching of online VIRTUAL courses as provided for in this section, the Michigan Virtual School shall follow the requirements to request and assess, and the department of state police shall provide, a criminal history check and criminal records check under sections 1230 and 1230a of the revised school code, MCL 380.1230 and 380.1230a, in the same manner as if the Michigan Virtual School were a school district under those sections. (4) If the course offerings are included in the statewide catalog of online VIRTUAL courses under subsection (2)(b)(ix), the Michigan Virtual School operated by the Michigan Virtual University may offer online VIRTUAL course offerings, including, but not limited to, all of the following: (a) Information technology courses. (b) College level equivalent courses, as defined in section 1471 of the revised school code, MCL 380.1471. (c) Courses and dual enrollment opportunities. (d) Programs and services for at‑risk pupils. (e) High school equivalency test preparation courses for adjudicated youth. (f) Special interest courses. (g) Professional development programs for teachers, school administrators, other school employees, and school board members. (5) If a home‑schooled or nonpublic school student is a resident of a district that subscribes to services provided by the Michigan Virtual School, the student may use the services provided by the Michigan Virtual School to the district without charge to the student beyond what is charged to a district pupil using the same services. (6) Not later than December 1 of each fiscal year, the Michigan Virtual University shall provide a report to the house and senate appropriations subcommittees on state school aid, the state budget director, the house and senate fiscal agencies, and the department that includes at least all of the following information related to the Michigan Virtual School for the preceding state fiscal year: (a) A list of the districts served by the Michigan Virtual School. (b) A list of online VIRTUAL course titles available to districts. (c) The total number of online VIRTUAL course enrollments and information on registrations and completions by course. (d) The overall course completion rate percentage. (7) IN ADDITION TO THE INFORMATION LISTED IN SUBSECTION (6), THE REPORT UNDER SUBSECTION (6) SHALL ALSO INCLUDE A PLAN TO SERVE AT LEAST 600 SCHOOLS WITH COURSES FROM THE MICHIGAN VIRTUAL SCHOOL OR WITH CONTENT AVAILABLE THROUGH THE INTERNET‑BASED PLATFORM IDENTIFIED IN SUBSECTION (2)(B)(ix). (8) (7) The governor may appoint an advisory group for the Michigan Virtual Learning Research Institute established under subsection (2). The members of the advisory group shall serve at the pleasure of the governor and shall serve without compensation. The purpose of the advisory group is to make recommendations to the governor, the legislature, and the president and board of the Michigan Virtual University that will accelerate innovation in this state’s education system in a manner that will prepare elementary and secondary students to be career and college ready and that will promote the goal of increasing the percentage of citizens of this state with high‑quality degrees and credentials to at least 60% by 2025. (9) (8) Not later than November 1, 2015, 2016, the Michigan Virtual University shall submit to the house and senate appropriations subcommittees on state school aid, the state budget director, and the house and senate fiscal agencies a detailed budget for the 2015‑2016 2016‑2017 fiscal year that includes a breakdown on its projected costs to deliver online VIRTUAL educational services to districts and a summary of the anticipated fees to be paid by districts for those services. Not later than March 1 each year, the Michigan Virtual University shall submit to the house and senate appropriations subcommittees on state school aid, the state budget director, and the house and senate fiscal agencies a breakdown on its actual costs to deliver online VIRTUAL educational services to districts and a summary of the actual fees paid by districts for those services based on audited financial statements for the immediately preceding fiscal year. (10) (9) As used in this section: (a) “Blended learning” means a hybrid instructional delivery model where pupils are provided content, instruction, and assessment, in part at a supervised educational facility away from home where the pupil and a teacher with a valid Michigan teaching certificate are in the same physical location and in part through Internet‑connected learning environments with some degree of pupil control over time, location, and pace of instruction. (b) “Cyber school” means a full‑time instructional program of online VIRTUAL courses for pupils that may or may not require attendance at a physical school location. (c) “Digital learning” means instruction delivered via a web‑based educational delivery system that uses various information technologies to provide a structured learning environment, including online and blended learning instructional methods. (C) (d) “Online “VIRTUAL course” means a course of study that is capable of generating a credit or a grade , AND that is provided in an interactive Internet‑connected learning environment , IN WHICH THE MAJORITY OF THE CURRICULUM IS DELIVERED USING THE INTERNET AND in which pupils are separated from their teachers INSTRUCTOR OR TEACHER OF RECORD by time or location, or both. , and in which a teacher who holds a valid Michigan teaching certificate is responsible for providing instruction, determining appropriate instructional methods for each pupil, diagnosing learning needs, assessing pupil learning, prescribing intervention strategies, reporting outcomes, and evaluating the effects of instruction and support strategies. 1060 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Sec. 99h. (1) From the appropriation in section 11, there is allocated an amount not to exceed $2,000,000.00 $2,500,000.00 for 2015‑2016 2016‑2017 for competitive grants to districts that provide pupils in grades 7 K to 12 with expanded opportunities to improve mathematics, science, and technology skills by participating in events hosted by a science and technology development program known as FIRST (for inspiration and recognition of science and technology) robotics, INCLUDING JR FIRST LEGO LEAGUE, FIRST LEGO LEAGUE, FIRST TECH CHALLENGE, AND FIRST ROBOTICS COMPETITION. PROGRAMS FUNDED UNDER THIS SECTION ARE INTENDED TO INCREASE THE NUMBER OF PUPILS DEMONSTRATING PROFICIENCY IN SCIENCE AND MATHEMATICS ON THE STATE ASSESSMENTS AND TO INCREASE THE NUMBER OF PUPILS WHO ARE COLLEGE‑ AND CAREER‑READY UPON HIGH SCHOOL GRADUATION. (2) A district applying for a FIRST tech challenge or FIRST robotics competition program grant UNDER THIS SECTION shall submit an application in a form and manner determined by the department. To be eligible for a grant, a district shall demonstrate in its application that the district has established a partnership for the purposes of the FIRST program with at least 1 sponsor, business entity, higher education institution, or technical school, shall submit a spending plan, and shall pay at least 25% of the cost of the FIRST robotics program. (3) The department shall distribute the grant funding under this section for the following purposes: (a) Grants to districts to pay for stipends of $1,500.00 for 1 coach per team. , distributed as follows: (i) Not more than 500 stipends for coaches of high school teams, including existing teams. (ii) Not more than 100 stipends for coaches of middle school or junior high teams, including existing teams. (iii) If the requests for stipends exceed the numbers of stipends allowed, under subparagraphs (i) and (ii), and if there is funding remaining unspent under subdivisions (b) and (c), the department shall use that remaining unspent funding for grants to districts to pay for additional stipends in a manner that expands the geographical distribution of teams. (b) Grants to districts for event registrations, materials, travel costs, and other expenses associated with the preparation for and attendance at FIRST tech challenge and FIRST robotics EVENTS AND competitions. Each grant recipient shall provide a local match from other private or local funds for the funds received under this subdivision equal to at least 50% of the costs of participating in an event. The department shall set maximum grant amounts under this subdivision in a manner that maximizes the number of teams that will be able to receive funding. (c) Grants to districts for awards to teams that advance to the state and world championship competitions. The department shall determine an equal amount per team for those teams that advance to the state championship and a second equal award amount to those teams that advance to the world championship. (4) The funds allocated under this section are a work project appropriation, and any unexpended funds for 2015‑2016 2016‑2017 are carried forward into 2016‑2017. 2017‑2018. The purpose of the work project is to continue to implement the projects described under subsection (1). The estimated completion date of the work project is September 30, 2018.2019. Sec. 99s. (1) From the funds appropriated under section 11, there is allocated for 2015‑2016 2016‑2017 an amount not to exceed $3,250,000.00 $3,000,000.00 from the state school aid fund appropriation and an amount not to exceed $775,000.00 $1,300,000.00 from the general fund appropriation for Michigan science, technology, engineering, and mathematics (MiSTEM) programs. In addition, from the federal funds appropriated in section 11, there is allocated for 2015‑2016 2016‑2017 an amount estimated at $5,249,300.00 from DED‑OESE, title II, mathematics and science partnership grants. PROGRAMS FUNDED UNDER THIS SECTION ARE INTENDED TO INCREASE THE NUMBER OF PUPILS DEMONSTRATING PROFICIENCY IN SCIENCE AND MATHEMATICS ON THE STATE ASSESSMENTS AND TO INCREASE THE NUMBER OF PUPILS WHO ARE COLLEGE‑ AND CAREER‑READY UPON HIGH SCHOOL GRADUATION. (2) From the general fund allocation in subsection (1), there is allocated an amount not to exceed $50,000.00 to the department for administrative, TRAINING, and travel costs related to the MiSTEM advisory council. All of the following apply to the MiSTEM advisory council funded under this subsection: (a) The MiSTEM advisory council is created. The MiSTEM advisory council shall provide to the governor, legislature, department of talent and economic development, and department recommendations designed to improve and promote innovation in STEM education and TO prepare students for careers in science, technology, engineering, and mathematics. (b) The MiSTEM advisory council created under subdivision (a) shall consist of the following members: (i) The governor shall appoint 11 voting members who are representative of business sectors that are important to Michigan’s economy and rely on a STEM‑educated workforce, nonprofit organizations and associations that promote STEM education, K‑12 and postsecondary education entities involved in STEM‑related career education, or other sectors as considered appropriate by the governor. Each of these members shall serve at the pleasure of the governor and for a term determined by the governor. (ii) The senate majority leader shall appoint 2 members of the senate to serve as nonvoting, ex‑officio members of the MiSTEM advisory council, including 1 majority party member and 1 minority party member. (iii) The speaker of the house of representatives shall appoint 2 members of the house of representatives to serve as nonvoting, ex‑officio members of the MiSTEM advisory council, including 1 majority party member and 1 minority party member. (c) Each member of the MiSTEM advisory council shall serve without compensation. (d) The MiSTEM advisory council shall recommend TO THE GOVERNOR, THE LEGISLATURE, AND THE DEPARTMENT a statewide strategy for delivering STEM education‑related opportunities to pupils and objective criteria for determining preferred STEM programs. The MiSTEM advisory council also shall make funding recommendations to the No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1061 governor, legislature, and department for funding programs under this section for 2016‑2017 not later than March 1, 2016, including, but not limited to, recommendations concerning funding for the STEM programs funded under this section for 2015‑2016, and shall continue to make funding recommendations annually thereafter.THE MISTEM ADVISORY COUNCIL SHALL USE FUNDS RECEIVED UNDER THIS SUBSECTION TO PURCHASE TRAINING FOR ITS MEMBERS OR THEIR DESIGNEES FROM THE CHANGE THE EQUATION STEMWORKS RATING SYSTEM PROGRAM FOR THE PURPOSE OF RATING STEM PROGRAMS. (E) NOT LATER THAN OCTOBER 15 OF EACH FISCAL YEAR, THE MISTEM ADVISORY COUNCIL SHALL PROVIDE STEM QUALITY RATINGS FOR PROGRAMS RECOMMENDED FOR FUNDING UNDER SUBSECTION (3). THE MISTEM ADVISORY COUNCIL SHALL MAKE SPECIFIC FUNDING RECOMMENDATIONS FOR THE FUNDS ALLOCATED UNDER SUBSECTION (3) BY DECEMBER 15 OF EACH FISCAL YEAR. THE AMOUNT OF EACH GRANT RECOMMENDED SHALL NOT EXCEED $250,000.00. (F) IF THE MISTEM ADVISORY COUNCIL IS UNABLE TO MAKE SPECIFIC FUNDING RECOMMENDATIONS BY DECEMBER 15 OF A FISCAL YEAR, THE DEPARTMENT SHALL DISTRIBUTE THE FUNDS ALLOCATED UNDER SUBSECTION (3) ON A COMPETITIVE GRANT BASIS THAT AT LEAST FOLLOWS THE QUALITY GUIDELINES AND PRIORITY AREAS RECOMMENDED BY THE MISTEM ADVISORY COUNCIL. EACH GRANT SHALL NOT EXCEED $250,000.00 AND MUST PROVIDE STEM EDUCATION‑RELATED OPPORTUNITIES FOR PUPILS. (G) (e) The MiSTEM advisory council shall work with directors of mathematics and science centers funded under subsection (3) (4) to connect educators with businesses, workforce developers, economic developers, community colleges, and universities. (3) FROM THE GENERAL FUND MONEY ALLOCATED UNDER SUBSECTION (1), THERE IS ALLOCATED FOR 2016‑2017 AN AMOUNT NOT TO EXCEED $1,000,000.00 FOR THE PURPOSE OF FUNDING PROGRAMS UNDER THIS SECTION FOR 2016‑2017, AS RECOMMENDED BY THE MISTEM ADVISORY COUNCIL. (4) (3) From the state school aid fund allocation under subsection (1), there is allocated for 2015‑2016 2016‑2017 an amount not to exceed $2,750,000.00 to support the activities and programs of mathematics and science centers. In addition, from the federal funds allocated under subsection (1), there is allocated for 2015‑2016 2016‑2017 an amount estimated at $5,249,300.00 from DED‑OESE, title II, mathematics and science partnership grants, for the purposes of this subsection. All of the following apply to the programs and funding under this subsection: (a) Within a service area designated locally, approved by the department, and consistent with the comprehensive master plan for mathematics and science centers developed by the department and approved by the state board, an established mathematics and science center shall provide 2 or more of the following 6 basic services, as described in the master plan, to constituent districts and communities: leadership, pupil services, curriculum support, community involvement, professional development, and resource clearinghouse services. (b) The department shall not award a state grant under this subsection to more than 1 mathematics and science center located in a designated region as prescribed in the 2007 master plan unless each of the grants serves a distinct target population or provides a service that does not duplicate another program in the designated region. (c) As part of the technical assistance process, the department shall provide minimum standard guidelines that may be used by the mathematics and science center for providing fair access for qualified pupils and professional staff as prescribed in this subsection. (d) Allocations under this subsection to support the activities and programs of mathematics and science centers shall be continuing support grants to all 33 established mathematics and science centers. For 2015‑2016, 2016‑2017, each established mathematics and science center that was funded for 2014‑2015 under former section 99 shall receive state funding in an amount equal to 100% of the amount it was allocated under former section 99 for 2014‑2015. 2014‑2015. If a center declines state funding or a center closes, the remaining money available under this subsection shall be distributed to the remaining centers, as determined by the department. (e) From the funds allocated under this subsection, the department shall distribute for 2015‑2016 2016‑2017 an amount not to exceed $750,000.00 in a form and manner determined by the department to those centers able to provide curriculum and professional development support to assist districts in implementing the Michigan merit curriculum components for mathematics and science. Funding under this subdivision is in addition to funding allocated under subdivision (d). (f) In order to receive state or federal funds under this subsection, a grant recipient shall allow access for the department or the department’s designee to audit all records related to the program for which it receives those funds. The grant recipient shall reimburse the state for all disallowances found in the audit. (g) Not later than September 30, 2018, 2017, the department shall reevaluate and update WORK WITH THE MISTEM ADVISORY COUNCIL TO REVISE the comprehensive master plan described in subdivision (a) TO ENSURE THAT THE COMPREHENSIVE MASTER PLAN IS IN COMPLIANCE WITH THE STATEWIDE STRATEGY DEVELOPED BY THE COUNCIL UNDER SUBSECTION (2)(D). THE COMPREHENSIVE MASTER PLAN SHALL INCLUDE A REVIEW OF THE FEASIBILITY OF CONSOLIDATING AND REDUCING THE NUMBER OF MATHEMATICS AND SCIENCE CENTERS. 1062 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (h) The department shall give preference in awarding the federal grants allocated under this subsection to eligible existing mathematics and science centers. (i) In order to receive state funds under this subsection, a grant recipient shall provide at least a 10% local match from local public or private resources for the funds received under this subsection. (j) Not later than July 1 of each year, a mathematics and science center that receives funds under this subsection shall report to the department in a form and manner prescribed by the department on the following performance measures: (i) Statistical change in pre‑ and post‑assessment scores for students who enrolled in mathematics and science activities provided to districts by the mathematics and science center. (ii) Statistical change in pre‑ and post‑assessment scores for teachers who enrolled in professional development activities provided by the mathematics and science center. (k) As used in this subsection: (i) “DED” means the United States Department of Education. (ii) “DED‑OESE” means the DED Office of Elementary and Secondary Education. (4) From the general fund money allocated under subsection (1), there is allocated for 2015‑2016 an amount not to exceed $100,000.00 to the Michigan STEM partnership, to be used to administer the grant process under this subsection. From the general fund money allocated in subsection (1), there is allocated for 2015‑2016 an amount not to exceed $375,000.00 to the Michigan STEM partnership to be used for a competitive grant process to award competitive grants to organizations conducting student‑focused, project‑based programs and competitions, either in the classroom or extracurricular, in science, technology, engineering, and mathematics subjects such as, but not limited to, robotics, coding, and design‑build‑test projects, from pre‑kindergarten through college level. All of the following apply to the grant funding under this subsection: (a) Funding under this subsection is in addition to funding allocated under subsection (3) and shall be used for connecting mathematics and science centers for science, technology, engineering, and mathematics purposes and to support the goals of the Michigan STEM partnership. (b) A program receiving funds under section 99h may not receive funds under this subsection. (c) In order to receive state funds under this subsection, a grant recipient shall provide at least a 10% local match from local public or private resources for the funds received under this subsection. (5) From the funds allocated under subsection (1), there is allocated an amount not to exceed $250,000.00 for 2015‑2016 only for grants to districts to support professional development for teachers in a department‑approved training program for science, technology, engineering, and mathematics (STEM) instruction. All of the following apply to the grant funding under this subsection: (a) Any district may apply for funding under this subsection for 2015‑2016 by a date determined by the department. In awarding grants, the department shall give priority, in a form and manner determined by the department, to applicant districts with teachers who have not previously received training in programs funded under this subsection or former section 99b. (b) For a training program to be approved by the department for the purposes of this subsection, the program shall meet all of the following criteria: (i) Utilize an integrative STEM approach to content organization and delivery. The integrative STEM approach shall include content derived from science, technology, engineering, and mathematics. (ii) Offer evidence that the program outcomes address mathematics, science, and technological literacy standards in an exploratory middle school or high school offering. (iii) Offer evidence that the program positively influences student career choices along STEM career paths and increases student engagement through peer‑reviewed research. (iv) Present evidence of the periodic updating of the curriculum. (v) Utilize outcome measures for teacher professional development. (vi) Provide peer‑reviewed evidence that the program is effective with disadvantaged students and those with language barriers. (c) The department shall award grants to districts in an amount determined by the department, but not to exceed $3,200.00 per participant. (d) A district receiving funds under this subsection shall use the funds only for department‑approved training programs under this subsection. (5) (6) From the allocations under subsection (1), there is allocated an amount not to exceed $250,000.00 for 2015‑2016 only $250,000.00 FOR 2016‑2017 for competitive grants to districts that provide pupils in grades K to 12 with expanded opportunities in science education and skills by participating in events and competitions hosted by Science Olympiad. All of the following apply to the grant funding under this subsection: (a) A district applying for a grant under this subsection shall submit an application in the form and manner determined by the department not later than November 15, 2015. 2016. The department shall select districts for grants and make notification not later than December 15, 2015. 2016. To be eligible for a grant, a district shall pay at least 25% of the cost of participating in the Science Olympiad program. (b) The department shall distribute the grant funding allocated under this subsection for the following purposes: (i) Grants to districts of up to $800.00 for PER new elementary teams.TEAM. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1063 (ii) Grants to districts of up to $400.00 for PER established elementary teams.TEAM. (iii) Grants to districts of up to $1,600.00 for PER new secondary teams.TEAM. (iv) Grants to districts of up to $800.00 for PER established secondary teams.TEAM. (6) (7) From the general fund allocation under subsection (1), there is allocated an amount not to exceed $250,000.00 for 2015‑2016 only 2016‑2017 for a grant to the Van Andel Education Institute for the purposes of advancing and promoting science education and increasing the number of students who choose to pursue careers in science or science‑related fields. Funds allocated under this subsection shall be used to provide professional development for science teachers in using student‑driven, inquiry‑based instruction. SEC. 99T. (1) FROM THE GENERAL FUND APPROPRIATION UNDER SECTION 11, THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $1,500,000.00 FOR 2016‑2017 TO PURCHASE STATEWIDE ACCESS TO AN ONLINE ALGEBRA TOOL THAT MEETS ALL OF THE FOLLOWING: (A) PROVIDES STUDENTS STATEWIDE WITH COMPLETE ACCESS TO VIDEOS ALIGNED WITH STATE STANDARDS INCLUDING STUDY GUIDES AND WORKBOOKS THAT ARE ALIGNED WITH THE VIDEOS. (B) PROVIDES STUDENTS STATEWIDE WITH ACCESS TO A PERSONALIZED ONLINE ALGEBRA LEARNING TOOL INCLUDING ADAPTIVE DIAGNOSTICS. (C) PROVIDES STUDENTS STATEWIDE WITH DYNAMIC ALGEBRA PRACTICE ASSESSMENTS THAT EMULATE THE STATE ASSESSMENT WITH IMMEDIATE FEEDBACK AND HELP SOLVING PROBLEMS. (D) PROVIDES STUDENTS STATEWIDE WITH ONLINE ACCESS TO ALGEBRA HELP 24 HOURS A DAY AND 7 DAYS A WEEK FROM STUDY EXPERTS, TEACHERS, AND PEERS ON A MODERATED SOCIAL NETWORKING PLATFORM. (E) PROVIDES AN ONLINE ALGEBRA PROFESSIONAL DEVELOPMENT NETWORK FOR TEACHERS. (F) IS ALREADY PROVIDED UNDER A STATEWIDE CONTRACT IN AT LEAST 1 OTHER STATE. (2) THE DEPARTMENT SHALL CHOOSE THE ONLINE ALGEBRA TOOL BY OCTOBER 1, 2016. Sec. 101. (1) To be eligible to receive state aid under this article, not later than the fifth Wednesday after the pupil membership count day and not later than the fifth Wednesday after the supplemental count day, each district superintendent shall submit to the center and the intermediate superintendent, in the form and manner prescribed by the center, the number of pupils enrolled and in regular daily attendance in the district as of the pupil membership count day and as of the supplemental count day, as applicable, for the current school year. In addition, a district maintaining school during the entire year, as provided under section 1561 of the revised school code, MCL 380.1561, shall submit to the center and the intermediate superintendent, in the form and manner prescribed by the center, the number of pupils enrolled and in regular daily attendance in the district for the current school year pursuant to rules promulgated by the superintendent. Not later than the sixth Wednesday after the pupil membership count day and not later than the sixth Wednesday after the supplemental count day, the district shall certify the data in a form and manner prescribed by the center and file the certified data with the intermediate superintendent. If a district fails to submit and certify the attendance data, as required under this subsection, the center shall notify the department and state aid due to be distributed under this article shall be withheld from the defaulting district immediately, beginning with the next payment after the failure and continuing with each payment until the district complies with this subsection. If a district does not comply with this subsection by the end of the fiscal year, the district forfeits the amount withheld. A person who willfully falsifies a figure or statement in the certified and sworn copy of enrollment shall be punished in the manner prescribed by section 161. (2) To be eligible to receive state aid under this article, not later than the twenty‑fourth Wednesday after the pupil membership count day and not later than the twenty‑fourth Wednesday after the supplemental count day, an intermediate district shall submit to the center, in a form and manner prescribed by the center, the audited enrollment and attendance data for the pupils of its constituent districts and of the intermediate district. If an intermediate district fails to submit the audited data as required under this subsection, state aid due to be distributed under this article shall be withheld from the defaulting intermediate district immediately, beginning with the next payment after the failure and continuing with each payment until the intermediate district complies with this subsection. If an intermediate district does not comply with this subsection by the end of the fiscal year, the intermediate district forfeits the amount withheld. (3) Except as otherwise provided in subsections (11) and (12), all of the following apply to the provision of pupil instruction: (a) Except as otherwise provided in this section, each district shall provide at least 1,098 hours and, beginning in 2010‑2011, the required minimum number of days of pupil instruction. Beginning in 2014‑2015, the required minimum number of days of pupil instruction is 175. However, all of the following apply to these requirements: (i) If a collective bargaining agreement that provides a complete school calendar was in effect for employees of a district as of July 1, 2013, and if that school calendar is not in compliance with this subsection, then this subsection does not apply to that district until after the expiration of that collective bargaining agreement. If a district entered into a collective bargaining agreement on or after July 1, 2013 and if that collective bargaining agreement did not provide for at least 175 days of pupil instruction beginning in 2014‑2015, then the department shall withhold from the district’s total state school aid an amount equal to 5% of the funding the district receives in 2014‑2015 under sections 22a and 22b. (ii) A district may apply for a waiver under subsection (9) from the requirements of this subdivision. (b) Beginning in 2016‑2017, the required minimum number of days of pupil instruction is 180. If a collective bargaining agreement that provides a complete school calendar was in effect for employees of a district as of the effective date of the 1064 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 amendatory act that added this subdivision, and if that school calendar is not in compliance with this subdivision, then this subdivision does not apply to that district until after the expiration of that collective bargaining agreement. A district may apply for a waiver under subsection (9) from the requirements of this subdivision. (c) Except as otherwise provided in this article, a district failing to comply with the required minimum hours and days of pupil instruction under this subsection shall forfeit from its total state aid allocation an amount determined by applying a ratio of the number of hours or days the district was in noncompliance in relation to the required minimum number of hours and days under this subsection. Not later than August 1, the board of each district shall EITHER certify to the department THAT THE DISTRICT WAS IN FULL COMPLIANCE WITH THIS SECTION REGARDING the number of hours and days of pupil instruction in the previous school year, OR REPORT TO THE DEPARTMENT, IN A FORM AND MANNER PRESCRIBED BY THE CENTER, EACH INSTANCE OF NONCOMPLIANCE. If the district did not provide at least the required minimum number of hours and days of pupil instruction under this subsection, the deduction of state aid shall be made in the following fiscal year from the first payment of state school aid. A district is not subject to forfeiture of funds under this subsection for a fiscal year in which a forfeiture was already imposed under subsection (6). (d) Hours or days lost because of strikes or teachers’ conferences shall not be counted as hours or days of pupil instruction. (e) If a collective bargaining agreement that provides a complete school calendar is in effect for employees of a district as of October 19, 2009, and if that school calendar is not in compliance with this subsection, then this subsection does not apply to that district until after the expiration of that collective bargaining agreement. (f) Except as otherwise provided in subdivisions (g) and (h), a district not having at least 75% of the district’s membership in attendance on any day of pupil instruction shall receive state aid in that proportion of 1/180 that the actual percent of attendance bears to the specified percentage. (g) If a district adds 1 or more days of pupil instruction to the end of its instructional calendar for a school year to comply with subdivision (a) because the district otherwise would fail to provide the required minimum number of days of pupil instruction even after the operation of subsection (4) due to conditions not within the control of school authorities, then subdivision (f) does not apply for any day of pupil instruction that is added to the end of the instructional calendar. Instead, for any of those days, if the district does not have at least 60% of the district’s membership in attendance on that day, the district shall receive state aid in that proportion of 1/180 that the actual percentage of attendance bears to the specified percentage. For any day of pupil instruction added to the instructional calendar as described in this subdivision, the district shall report to the department the percentage of the district’s membership that is in attendance, in the form and manner prescribed by the department. (h) At the request of a district that operates a department‑approved alternative education program and that does not provide instruction for pupils in all of grades K to 12, the superintendent shall grant a waiver from the requirements of subdivision (f). The waiver shall indicate that an eligible district is subject to the proration provisions of subdivision (f) only if the district does not have at least 50% of the district’s membership in attendance on any day of pupil instruction. In order to be eligible for this waiver, a district must maintain records to substantiate its compliance with the following requirements: (i) The district offers the minimum hours of pupil instruction as required under this section. (ii) For each enrolled pupil, the district uses appropriate academic assessments to develop an individual education plan that leads to a high school diploma. (iii) The district tests each pupil to determine academic progress at regular intervals and records the results of those tests in that pupil’s individual education plan. (i) All of the following apply to a waiver granted under subdivision (h): (i) If the waiver is for a blended model of delivery, a waiver that is granted for the 2011‑2012 fiscal year or a subsequent fiscal year remains in effect unless it is revoked by the superintendent. (ii) If the waiver is for a 100% online model of delivery and the educational program for which the waiver is granted makes educational services available to pupils for a minimum of at least 1,098 hours during a school year and ensures that each pupil participates in the educational program for at least 1,098 hours during a school year, a waiver that is granted for the 2011‑2012 fiscal year or a subsequent fiscal year remains in effect unless it is revoked by the superintendent. (iii) A waiver that is not a waiver described in subparagraph (i) or (ii) is valid for 1 fiscal year and must be renewed annually to remain in effect. (j) The superintendent shall promulgate rules for the implementation of this subsection. (4) Except as otherwise provided in this subsection, the first 6 days or the equivalent number of hours for which pupil instruction is not provided because of conditions not within the control of school authorities, such as severe storms, fires, epidemics, utility power unavailability, water or sewer failure, or health conditions as defined by the city, county, or state health authorities, shall be counted as hours and days of pupil instruction. With the approval of the superintendent of public instruction, the department shall count as hours and days of pupil instruction for a fiscal year not more than 3 additional days or the equivalent number of additional hours for which pupil instruction is not provided in a district due to unusual and extenuating occurrences resulting from conditions not within the control of school authorities such as those conditions described in this subsection. Subsequent such hours or days shall not be counted as hours or days of pupil instruction. (5) A district shall not forfeit part of its state aid appropriation because it adopts or has in existence an alternative scheduling program for pupils in kindergarten if the program provides at least the number of hours required under subsection (3) for a full‑time equated membership for a pupil in kindergarten as provided under section 6(4). No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1065 (6) In addition to any other penalty or forfeiture under this section, if at any time the department determines that 1 or more of the following have occurred in a district, the district shall forfeit in the current fiscal year beginning in the next payment to be calculated by the department a proportion of the funds due to the district under this article that is equal to the proportion below the required minimum number of hours and days of pupil instruction under subsection (3), as specified in the following: (a) The district fails to operate its schools for at least the required minimum number of hours and days of pupil instruction under subsection (3) in a school year, including hours and days counted under subsection (4). (b) The board of the district takes formal action not to operate its schools for at least the required minimum number of hours and days of pupil instruction under subsection (3) in a school year, including hours and days counted under subsection (4). (7) In providing the minimum number of hours and days of pupil instruction required under subsection (3), a district shall use the following guidelines, and a district shall maintain records to substantiate its compliance with the following guidelines: (a) Except as otherwise provided in this subsection, a pupil must be scheduled for at least the required minimum number of hours of instruction, excluding study halls, or at least the sum of 90 hours plus the required minimum number of hours of instruction, including up to 2 study halls. (b) The time a pupil is assigned to any tutorial activity in a block schedule may be considered instructional time, unless that time is determined in an audit to be a study hall period. (c) Except as otherwise provided in this subdivision, a pupil in grades 9 to 12 for whom a reduced schedule is determined to be in the individual pupil’s best educational interest must be scheduled for a number of hours equal to at least 80% of the required minimum number of hours of pupil instruction to be considered a full‑time equivalent pupil. A pupil in grades 9 to 12 who is scheduled in a 4‑block schedule may receive a reduced schedule under this subsection if the pupil is scheduled for a number of hours equal to at least 75% of the required minimum number of hours of pupil instruction to be considered a full‑time equivalent pupil. (d) If a pupil in grades 9 to 12 who is enrolled in a cooperative education program or a special education pupil cannot receive the required minimum number of hours of pupil instruction solely because of travel time between instructional sites during the school day, that travel time, up to a maximum of 3 hours per school week, shall be considered to be pupil instruction time for the purpose of determining whether the pupil is receiving the required minimum number of hours of pupil instruction. However, if a district demonstrates to the satisfaction of the department that the travel time limitation under this subdivision would create undue costs or hardship to the district, the department may consider more travel time to be pupil instruction time for this purpose. (e) In grades 7 through 12, instructional time that is part of a junior reserve officer training corps (JROTC) program shall be considered to be pupil instruction time regardless of whether the instructor is a certificated teacher if all of the following are met: (i) The instructor has met all of the requirements established by the United States Department of Defense and the applicable branch of the armed services for serving as an instructor in the junior reserve officer training corps program. (ii) The board of the district or intermediate district employing or assigning the instructor complies with the requirements of sections 1230 and 1230a of the revised school code, MCL 380.1230 and 380.1230a, with respect to the instructor to the same extent as if employing the instructor as a regular classroom teacher. (8) Except as otherwise provided in subsections (11) and (12), the department shall apply the guidelines under subsection (7) in calculating the full‑time equivalency of pupils. (9) Upon application by the district for a particular fiscal year, the superintendent shall waive for a district the minimum number of hours and days of pupil instruction requirement of subsection (3) for a department‑approved alternative education program or another innovative program approved by the department, including a 4‑day school week. If a district applies for and receives a waiver under this subsection and complies with the terms of the waiver, the district is not subject to forfeiture under this section for the specific program covered by the waiver. If the district does not comply with the terms of the waiver, the amount of the forfeiture shall be calculated based upon a comparison of the number of hours and days of pupil instruction actually provided to the minimum number of hours and days of pupil instruction required under subsection (3). Pupils enrolled in a department‑approved alternative education program under this subsection shall be reported to the center in a form and manner determined by the center. All of the following apply to a waiver granted under this subsection: (a) If the waiver is for a blended model of delivery, a waiver that is granted for the 2011‑2012 fiscal year or a subsequent fiscal year remains in effect unless it is revoked by the superintendent. (b) If the waiver is for a 100% online model of delivery and the educational program for which the waiver is granted makes educational services available to pupils for a minimum of at least 1,098 hours during a school year and ensures that each pupil is on track for course completion at proficiency level, a waiver that is granted for the 2011‑2012 fiscal year or a subsequent fiscal year remains in effect unless it is revoked by the superintendent. (c) A waiver that is not a waiver described in subdivision (a) or (b) is valid for 1 fiscal year and must be renewed annually to remain in effect. (10) Until 2014‑2015, a district may count up to 38 hours of qualifying professional development for teachers as hours of pupil instruction. However, if a collective bargaining agreement that provides for the counting of up to 38 hours of qualifying professional development for teachers as pupil instruction is in effect for employees of a district as of July 1, 2013, then until the school year that begins after the expiration of that collective bargaining agreement a district may count up to the contractually 1066 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 specified number of hours of qualifying professional development for teachers as hours of pupil instruction. Professional development provided online is allowable and encouraged, as long as the instruction has been approved by the district. The department shall issue a list of approved online professional development providers, which shall include the Michigan Virtual School. As used in this subsection, “qualifying professional development” means professional development that is focused on 1 or more of the following: (a) Achieving or improving adequate yearly progress as defined under the no child left behind act of 2001, Public Law 107‑110. (b) Achieving accreditation or improving a school’s accreditation status under section 1280 of the revised school code, MCL 380.1280. (c) Achieving highly qualified teacher status as defined under the no child left behind act of 2001, Public Law 107‑110. (d) Integrating technology into classroom instruction. (e) Maintaining teacher certification. (11) Subsections (3) and (8) do not apply to a school of excellence that is a cyber school, as defined in section 551 of the revised school code, MCL 380.551, and is in compliance with section 553a of the revised school code, MCL 380.553a. (12) Subsections (3) and (8) do not apply to eligible pupils enrolled in a dropout recovery program that meets the requirements of section 23a. As used in this subsection, “eligible pupil” means that term as defined in section 23a. (13) Beginning in 2013, at least every 2 years the superintendent shall review the waiver standards set forth in the pupil accounting and auditing manuals to ensure that the waiver standards and waiver process continue to be appropriate and responsive to changing trends in online learning. The superintendent shall solicit and consider input from stakeholders as part of this review. Sec. 102d. (1) From the funds appropriated in section 11, there is allocated an amount not to exceed $1,500,000.00 for 2015‑2016 2016‑2017 for reimbursements to districts AND INTERMEDIATE DISTRICTS for the licensing of school data analytical tools as described under this section. The reimbursement is for districts AND INTERMEDIATE DISTRICTS that choose to use a school data analytical tool to assist the district OR INTERMEDIATE DISTRICT and that enter into a licensing agreement for a school data analytical tool with 1 of the vendors approved by the department of technology, management, and budget under subsection (2). FUNDS ALLOCATED UNDER THIS SECTION ARE INTENDED TO PROVIDE DISTRICTS AND INTERMEDIATE DISTRICTS WITH FINANCIAL FORECASTING AND TRANSPARENCY REPORTING TOOLS TO HELP IMPROVE THE FINANCIAL HEALTH OF DISTRICTS AND TO IMPROVE COMMUNICATION WITH THE PUBLIC, RESULTING IN INCREASED FUND BALANCES FOR DISTRICTS AND INTERMEDIATE DISTRICTS. (2) Not later than October 15, 2015, 2016, the department of technology, management, and budget shall review vendors for school data analytical tools and provide districts AND INTERMEDIATE DISTRICTS with a list of at least 2 and up to 4 2 approved vendors that districts AND INTERMEDIATE DISTRICTS may use to be eligible for a reimbursement paid under this section. For a vendor to be approved under this section, the department of technology, management, and budget must determine that the IN ADDITION, A VENDOR APPROVED UNDER THIS SECTION FOR 2015‑2016 IS CONSIDERED TO BE APPROVED FOR USE BY A DISTRICT OR INTERMEDIATE DISTRICT AND FOR REIMBURSEMENT FOR 2016‑2017. AN APPROVED school data analytical tool supplied by the vendor meets MUST MEET at least all of the following: (a) Analyzes financial data. (b) Analyzes academic data. (c) Provides early warning indicators of financial stress. (d) Has the capability to provide peer district comparisons of both financial and academic data. (e) Has the capability to provide financial projections for at least 3 subsequent fiscal years. (3) Funds allocated under this section shall be paid to districts AND INTERMEDIATE DISTRICTS as a reimbursement for already having a licensing agreement or for entering into a licensing agreement not later than December 1, 2015 2016 with a vendor approved under subsection (2) to implement a school data analytical tool. REIMBURSEMENT WILL BE PRORATED FOR THE PORTION OF THE STATE FISCAL YEAR NOT COVERED BY THE LICENSING AGREEMENT. HOWEVER, A LICENSING AGREEMENT THAT TAKES EFFECT AFTER OCTOBER 1, 2016 AND BEFORE DECEMBER 1, 2016 WILL NOT BE PRORATED IF THE TERM OF THE AGREEMENT IS AT LEAST 1 YEAR. Reimbursement under this section shall be made on an equal per‑pupil basis.AS FOLLOWS: (A) ALL DISTRICTS AND INTERMEDIATE DISTRICTS SEEKING REIMBURSEMENT SHALL SUBMIT REQUESTS NOT LATER THAN DECEMBER 1, 2016 INDICATING THE COST PAID FOR THE FINANCIAL DATA ANALYTICAL TOOL. (B) THE DEPARTMENT SHALL DETERMINE THE SUM OF THE FUNDING REQUESTS UNDER SUBDIVISION (A) AND, IF THERE ARE SUFFICIENT FUNDS, SHALL PAY 1/2 OF THE COSTS SUBMITTED UNDER SUBDIVISION (A). IF THERE ARE INSUFFICIENT FUNDS TO PAY 1/2 OF THE COSTS SUBMITTED UNDER (A), THEN REIMBURSEMENT SHALL BE MADE ON AN EQUAL PERCENTAGE BASIS. (C) FUNDS REMAINING AFTER THE CALCULATION AND PAYMENT UNDER SUBDIVISION (B) SHALL BE DISTRIBUTED ON AN EQUAL PER‑PUPIL BASIS, WITH AN INTERMEDIATE DISTRICT’S PUPILS CONSIDERED TO BE THE SUM OF THE PUPIL MEMBERSHIPS OF THE CONSTITUENT DISTRICTS FOR WHICH THE INTERMEDIATE DISTRICT IS PURCHASING THE FINANCIAL DATA ANALYTICAL TOOL. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1067 (D) THE REIMBURSEMENT TO A DISTRICT OR INTERMEDIATE DISTRICT SHALL NOT BE GREATER THAN THE AMOUNT PAID FOR A DATA ANALYTICS APPLICATION. (E) A DISTRICT OR INTERMEDIATE DISTRICT SHALL NOT BE REIMBURSED FOR THE PURCHASE OF MORE THAN 1 SOFTWARE APPLICATION. (4) Notwithstanding section 17b, payments under this section shall be made on a schedule determined by the department. Sec. 104. (1) In order to receive state aid under this article, a district shall comply with sections 1249, 1278a, 1278b, 1279, 1279g, and 1280b of the revised school code, MCL 380.1249, 380.1278a, 380.1278b, 380.1279, 380.1279g, and 380.1280b, and 1970 PA 38, MCL 388.1081 to 388.1086. Subject to subsection (2), from the state school aid fund money appropriated in section 11, there is allocated for 2015‑2016 2016‑2017 an amount not to exceed $43,994,400.00 $33,894,400.00 for payments on behalf of districts for costs associated with complying with those provisions of law. In addition, from the federal funds appropriated in section 11, there is allocated for 2015‑2016 2016‑2017 an amount estimated at $6,250,000.00, funded from DED‑OESE, title VI, state assessment funds, and from DED‑OSERS, section 504 of part B of the individuals with disabilities education act, Public Law 94‑142, plus any carryover federal funds from previous year appropriations, for the purposes of complying with the federal no child left behind act of 2001, Public Law 107‑110, OR THE EVERY STUDENT SUCCEEDS ACT, PUBLIC LAW 114‑95. (2) The results of each test administered as part of the Michigan student test of educational progress (M‑STEP), including tests administered to high school students, shall include an item analysis that lists all items that are counted for individual pupil scores and the percentage of pupils choosing each possible response. THE DEPARTMENT SHALL WORK WITH THE CENTER TO IDENTIFY THE NUMBER OF STUDENTS ENROLLED AT THE TIME ASSESSMENTS ARE GIVEN BY EACH DISTRICT. IN CALCULATING THE PERCENTAGE OF PUPILS ASSESSED FOR A DISTRICT’S SCORECARD, THE DEPARTMENT SHALL USE ONLY THE NUMBER OF PUPILS ENROLLED IN THE DISTRICT AT THE TIME THE DISTRICT ADMINISTERS THE ASSESSMENTS AND SHALL EXCLUDE PUPILS WHO ENROLL IN THE DISTRICT AFTER THE DISTRICT ADMINISTERS THE ASSESSMENTS. (3) All federal funds allocated under this section shall be distributed in accordance with federal law and with flexibility provisions outlined in Public Law 107‑116, and in the education flexibility partnership act of 1999, Public Law 106‑25. (4) FROM THE ALLOCATION IN SUBSECTION (1), THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $185,000.00 FOR THE IMPLEMENTATION OF A KINDERGARTEN READINESS ASSESSMENT PILOT PROJECT IN 2016‑2017. THE FUNDING WOULD BE ALLOCATED TO AN INTERMEDIATE DISTRICT LOCATED IN A PROSPERITY REGION WITH 2 OR MORE SUBREGIONS TO PARTICIPATE IN THE MARYLAND‑OHIO PILOT AND COVER THE COST OF A CONTRACT WITH A UNIVERSITY FOR IMPLEMENTATION OF VERSION 1.75 OF THE KINDERGARTEN READINESS ASSESSMENT TOOL. THE KINDERGARTEN READINESS ASSESSMENT PILOT SHALL ASSESS AN ESTIMATED 4,000 CHILDREN, AND THE DESIGNATED INTERMEDIATE DISTRICT SHALL WORK WITH OTHER INTERMEDIATE DISTRICTS TO IMPLEMENT THE PILOT PROJECT, ENGAGE WITH THE OFFICE OF GREAT START AND THE DEPARTMENT, AND PROVIDE A REPORT TO THE LEGISLATURE ON THE EFFICACY AND USEFULNESS OF A KINDERGARTEN READINESS ASSESSMENT. ALLOWABLE COSTS UNDER THIS PILOT PROGRAM INCLUDE THOSE INCURRED IN AUGUST AND SEPTEMBER 2016. (5) THE DEPARTMENT SHALL CONTINUE TO MAKE THE KINDERGARTEN ENTRY ASSESSMENT DEVELOPED BY THE DEPARTMENT AND FIELD TESTED IN 2015‑2016 AVAILABLE TO DISTRICTS IN 2016‑2017. (6) THE DEPARTMENT MAY RECOMMEND, BUT MAY NOT REQUIRE, DISTRICTS TO ALLOW PUPILS TO USE AN EXTERNAL KEYBOARD WITH TABLET DEVICES FOR ONLINE M‑STEP TESTING, INCLUDING, BUT NOT LIMITED TO, OPEN‑ENDED TEST ITEMS SUCH AS CONSTRUCTED RESPONSE OR EQUATION BUILDER ITEMS. (7) (4) Notwithstanding section 17b, payments on behalf of districts, intermediate districts, and other eligible entities under this section shall be paid on a schedule determined by the department. (5) From the allocation in subsection (1), there is allocated an amount not to exceed $8,500,000.00 for the following purposes: (a) Converting existing student assessments to online assessments. (b) Providing paper and pencil test versions to districts not prepared to implement online assessments. (c) Expanding writing assessments to additional grade levels. (d) Providing an increased number of constructed response test questions so that pupils can demonstrate higher‑order skills such as problem solving and communicating reasoning. (8) (6) From the allocation in subsection (1), there is allocated an amount not to exceed $3,200,000.00 for the development or selection of an online reporting tool to provide student‑level assessment data in a secure environment to educators, parents, and pupils immediately after assessments are scored. The department and the center shall ensure that any data collected by the online reporting tool do not provide individually identifiable student data to the federal government. (9) (7) From the allocation in subsection (1), there is allocated an amount not to exceed $5,600,000.00 for the purpose of implementing a summative assessment system pursuant to section 104c. 1068 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (10) (8) As used in this section: (a) “DED” means the United States Department of Education. (b) “DED‑OESE” means the DED Office of Elementary and Secondary Education. (c) “DED‑OSERS” means the DED Office of Special Education and Rehabilitative Services. Sec. 104b. (1) In order to receive state aid under this article, a district shall comply with this section and shall administer the Michigan merit examination to pupils in grade 11, and to pupils in grade 12 who did not take the complete Michigan merit examination in grade 11, as provided in this section. The Michigan merit examination consists of a college entrance test, work skills test, and the summative assessment known as the Michigan student test of educational progress (M‑STEP). (2) For the purposes of this section, the department of technology, management, and budget shall contract with 1 or more providers to develop, supply, and score the Michigan merit examination. The Michigan merit examination shall consist of all of the following: (a) Assessment instruments that measure English language arts, mathematics, reading, and science, and are used by the majority of colleges and universities in this state for entrance purposes. This may include 1 or more writing components. In selecting assessment instruments to fulfill the requirements of this subdivision, the department may consider the degree to which those assessment instruments are aligned to this state’s content standards. (b) One or more tests from 1 or more test developers that assess a pupil’s ability to apply at least reading and mathematics skills in a manner that is intended to allow employers to use the results in making employment decisions. The department of technology, management, and budget and the superintendent shall ensure that any test or tests selected under this subdivision have all the components necessary to allow a pupil to be eligible to receive the results of a nationally recognized evaluation of workforce readiness if the pupil’s test performance is adequate. (c) A social studies component. (d) Any other component that is necessary to obtain the approval of the United States Department of Education to use the Michigan merit examination for the purposes of the no child left behind act of 2001, Public Law 107‑110, OR THE EVERY STUDENT SUCCEEDS ACT, PUBLIC LAW 114‑95. (3) In addition to all other requirements of this section, all of the following apply to the Michigan merit examination: (a) The department of technology, management, and budget and the superintendent shall ensure that any contractor used for scoring the Michigan merit examination supplies an individual report for each pupil that will identify for the pupil’s parents and teachers whether the pupil met expectations or failed to meet expectations for each standard, to allow the pupil’s parents and teachers to assess and remedy problems before the pupil moves to the next grade. (b) The department of technology, management, and budget and the superintendent shall ensure that any contractor used for scoring, developing, or processing the Michigan merit examination meets quality management standards commonly used in the assessment industry, including at least meeting level 2 of the capability maturity model developed by the Software Engineering Institute of Carnegie Mellon University for the first year the Michigan merit examination is offered to all grade 11 pupils and at least meeting level 3 of the capability maturity model for subsequent years. (c) The department of technology, management, and budget and the superintendent shall ensure that any contract for scoring, administering, or developing the Michigan merit examination includes specific deadlines for all steps of the assessment process, including, but not limited to, deadlines for the correct testing materials to be supplied to schools and for the correct results to be returned to schools, and includes penalties for noncompliance with these deadlines. (d) The superintendent shall ensure that the Michigan merit examination meets all of the following: (i) Is designed to test pupils on this state’s content standards in all subjects tested. (ii) Complies with requirements of the no child left behind act of 2001, Public Law 107‑110 OR THE EVERY STUDENT SUCCEEDS ACT, PUBLIC LAW 114‑95. (iii) Is consistent with the code of fair testing practices in education prepared by the Joint Committee on Testing Practices of the American Psychological Association. (iv) Is factually accurate. If the superintendent determines that a question is not factually accurate and should be excluded from scoring, the state board and the superintendent shall ensure that the question is excluded from scoring. (4) A district shall include on each pupil’s high school transcript all of the following: (a) For each high school graduate who has completed the Michigan merit examination under this section, the pupil’s scaled score on each subject area component of the Michigan merit examination. (b) The number of school days the pupil was in attendance at school each school year during high school and the total number of school days in session for each of those school years. (5) The superintendent shall work with the provider or providers of the Michigan merit examination to produce Michigan merit examination subject area scores for each pupil participating in the Michigan merit examination. To the extent that the department determines that additional test items beyond those included in the college entrance component of the Michigan merit examination are required in a particular subject area, the department shall ensure that all test items in that subject area are scaled and merged for the purposes of producing a Michigan merit examination subject area score. The superintendent shall design and distribute to districts, intermediate districts, and nonpublic schools a simple and concise document that describes the scoring for each subject area and indicates the scaled score ranges for each subject area. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1069 (6) The Michigan merit examination shall be administered in each district during the last 12 weeks of the district’s school year. The superintendent shall ensure that the Michigan merit examination is scored and the scores are returned to pupils, their parents or legal guardians, and districts not later than the beginning of the pupil’s first semester of grade 12. The returned scores shall indicate at least the pupil’s scaled score for each subject area component and the range of scaled scores for each subject area. In reporting the scores to pupils, parents, and schools, the superintendent shall provide standards‑specific, meaningful, and timely feedback on the pupil’s performance on the Michigan merit examination. (7) A district shall administer the complete Michigan merit examination to a pupil only once and shall not administer the complete Michigan merit examination to the same pupil more than once. If a pupil does not take the complete Michigan merit examination in grade 11, the district shall administer the complete Michigan merit examination to the pupil in grade 12. If a pupil chooses to retake the college entrance examination component of the Michigan merit examination, as described in subsection (2)(a), the pupil may do so through the provider of the college entrance examination component and the cost of the retake is the responsibility of the pupil unless all of the following are met: (a) The pupil has taken the complete Michigan merit examination. (b) The pupil meets the income eligibility criteria for free breakfast, lunch, or milk, as determined under the Richard B. Russell national school lunch act, 42 USC 1751 to 1769i. (c) The pupil has applied to the provider of the college entrance examination component for a scholarship or fee waiver to cover the cost of the retake and that application has been denied. (d) After taking the complete Michigan merit examination, the pupil has not already received a free retake of the college entrance examination component paid for either by this state or through a scholarship or fee waiver by the provider. (8) The superintendent shall ensure that the length of the Michigan merit examination and the combined total time necessary to administer all of the components of the Michigan merit examination are the shortest possible that will still maintain the degree of reliability and validity of the Michigan merit examination results determined necessary by the superintendent. The superintendent shall ensure that the maximum total combined length of time that schools are required to set aside for pupils to answer all test questions on the Michigan merit examination does not exceed 8 hours if the superintendent determines that sufficient alignment to applicable Michigan merit curriculum content standards can be achieved within that time limit. (9) A district shall provide accommodations to a pupil with disabilities for the Michigan merit examination, as provided under section 504 of title V of the rehabilitation act of 1973, 29 USC 794; subtitle A of title II of the Americans with disabilities act of 1990, 42 USC 12131 to 12134; the individuals with disabilities education act amendments of 1997, Public Law 105‑17; and the implementing regulations for those statutes. The provider or providers of the Michigan merit examination and the superintendent shall mutually agree upon the accommodations to be provided under this subsection. (10) To the greatest extent possible, the Michigan merit examination shall be based on this state’s content standards, as appropriate. Annually, after each administration of the Michigan merit examination, the department shall provide a report of the points per standard so that teachers will know what content will be covered within the Michigan merit examination. The department may augment the college entrance and work skills components of the Michigan merit examination to develop the assessment, depending on the alignment of those components to this state’s content standards. If these components do not align to these standards, the department shall produce additional components as required by law, while minimizing the amount of time needed for assessments. (11) A child who is a student in a nonpublic school or home school may take the Michigan merit examination under this section. To take the Michigan merit examination, a child who is a student in a home school shall contact the district in which the child resides, and that district shall administer the Michigan merit examination, or the child may take the Michigan merit examination at a nonpublic school if allowed by the nonpublic school. Upon request from a nonpublic school, the superintendent shall direct the provider or providers to supply the Michigan merit examination to the nonpublic school and the nonpublic school may administer the Michigan merit examination. If a district administers the Michigan merit examination under this subsection to a child who is not enrolled in the district, the scores for that child are not considered for any purpose to be scores of a pupil of the district. (12) In contracting under subsection (2), the department of technology, management, and budget shall consider a contractor that provides electronically‑scored essays with the ability to score constructed response feedback in multiple languages and provide ongoing instruction and feedback. (13) The purpose of the Michigan merit examination is to assess pupil performance in mathematics, science, social studies, and English language arts for the purpose of improving academic achievement and establishing a statewide standard of competency. The assessment under this section provides a common measure of data that will contribute to the improvement of Michigan schools’ curriculum and instruction by encouraging alignment with Michigan’s curriculum framework standards and promotes pupil participation in higher level mathematics, science, social studies, and English language arts courses. These standards are based upon the expectations of what pupils should learn through high school and are aligned with national standards. (14) For a pupil enrolled in a middle college program, other than a middle college operated as a shared educational entity or a specialized shared educational entity, if the pupil receives at least 50% of his or her instruction at the high school while in grade 11, the Michigan merit examination shall be administered to the pupil at the high school at which the pupil receives high school instruction, and the department shall include the pupil’s scores on the Michigan merit examination in the scores for that high school for all purposes for which a school’s or district’s results are reported. The department shall allow the middle 1070 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 college program to use a 5‑year graduation rate for determining adequate yearly progress. As used in this subsection, “middle college” means a program consisting of a series of courses and other requirements and conditions, including an early college or other program created under a memorandum of understanding, that allows a pupil to graduate from high school with both a high school diploma and a certificate or degree from a community college or state public university. (15) As used in this section: (a) “English language arts” means reading and writing. (b) “Social studies” means United States history, world history, world geography, economics, and American government. Sec. 104c. (1) In order to receive state aid under this article, a district shall administer the state assessments described in this section. (2) For the purposes of this section, the department shall develop for use in the spring of 2015‑2016 the Michigan student test of educational progress (M‑STEP) assessments in English language arts and mathematics. These assessments shall be aligned to state standards. (3) For the purposes of this section, the department shall implement a summative assessment system that is proven to be valid and reliable for administration to pupils as provided under this subsection. The summative assessment system shall meet all of the following requirements: (a) The summative assessment system shall measure student proficiency on the current state standards, shall measure student growth for consecutive grade levels in which students are assessed in the same subject area in both grade levels, and shall be capable of measuring individual student performance. (b) The summative assessments for English language arts and mathematics shall be administered to all public school pupils in grades 3 to 11, including those pupils as required by the federal individuals with disabilities education act, Public Law 108‑446, and by title I of the federal elementary and secondary education act. (c) The summative assessments for science shall be administered to all public school pupils in at least grades 4 and 7, including those pupils as required by the federal individuals with disabilities education act, Public Law 108‑446, and by title I of the federal elementary and secondary education act. (d) The summative assessments for social studies shall be administered to all public school pupils in at least grades 5 and 8, including those pupils as required by the federal individuals with disabilities education act, Public Law 108‑446, and by title I of the federal elementary and secondary education act. (e) The content of the summative assessments shall be aligned to state standards. (f) The pool of questions for the summative assessments shall be subject to a transparent review process for quality, bias, and sensitive issues involving educator review and comment. The department shall post samples from tests or retired tests featuring questions from this pool for review by the public. (g) The summative assessment system shall ensure that students, parents, and teachers are provided with reports that convey individual student proficiency and growth on the assessment and that convey individual student domain‑level performance in each subject area, including representative questions, and individual student performance in meeting state standards. (h) The summative assessment system shall be capable of providing, and the department shall ensure that students, parents, teachers, administrators, and community members are provided with, reports that convey aggregate student proficiency and growth data by teacher, grade, school, and district. (i) The summative assessment system shall ensure the capability of reporting the available data to support educator evaluations. (j) The summative assessment system shall ensure that the reports provided to districts containing individual student data are available within 60 days after completion of the assessments. (k) The summative assessment system shall ensure that access to individually identifiable student data meets all of the following: (i) Is in compliance with 20 USC 1232g, commonly referred to as the family educational rights and privacy act of 1974. (ii) Except as may be provided for in an agreement with a vendor to provide assessment services, as necessary to support educator evaluations pursuant to subdivision (i), or for research or program evaluation purposes, is available only to the student; to the student’s parent or legal guardian; and to a school administrator or teacher, to the extent that he or she has a legitimate educational interest. (l) The summative assessment system shall ensure that the assessments are pilot tested before statewide implementation. (m) The summative assessment system shall ensure that assessments are designed so that the maximum total combined length of time that schools are required to set aside for a pupil to answer all test questions on all assessments that are part of the system for the pupil’s grade level does not exceed that maximum total combined length of time for the previous statewide assessment system or 9 hours, whichever is less. This subdivision does not limit the amount of time a district may allow a pupil to complete a test. (n) The total cost of executing the summative assessment system statewide each year, including, but not limited to, the cost of contracts for administration, scoring, and reporting, shall not exceed an amount equal to 2 times the cost of executing the previous statewide assessment after adjustment for inflation. (4) Beginning in the 2015‑2016 school year, the department shall field test additional components in the assessment system under this subsection ASSESSMENTS IN THE FALL AND SPRING OF EACH SCHOOL YEAR TO MEASURE ENGLISH LANGUAGE ARTS AND MATHEMATICS IN EACH OF GRADES K TO 2 for full implementation in the No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1071 2016‑2017 SUBSEQUENT school year. The additional components YEARS. THESE ASSESSMENTS are necessary to determine a pupil’s proficiency level before grade 3. The additional components are as follows: (a) Assessments administered in the fall and spring of each year to measure English language arts and mathematics in each of grades 1 and 2. (b) The kindergarten entry assessment (KEA), to be administered in the fall of the kindergarten year. The KEA shall include the same components as under subdivision (a) and also may include observational components that measure cognitive, social‑emotional, and physical skills. (5) This section does not prohibit districts from adopting interim assessments. (6) As used in this section, “English language arts” means that term as defined in section 104b. Sec. 104d. (1) From the state school aid fund money appropriated in section 11, there is allocated for 2015‑2016 2016‑2017 an amount not to exceed $4,000,000.00 for providing reimbursement to districts that purchase a computer‑adaptive test, for each pupil enrolled in the district or that purchase 1 or more diagnostic tools, screening tools, or benchmark assessments for pupils in grades K to 3 that are intended to increase reading proficiency by grade 4. (2) In order to receive reimbursement under this section for the purchase of a computer‑adaptive test, the computer‑adaptive test must provide for at least all of the following: (a) Internet‑delivered, standards‑based assessment using a computer‑adaptive model to target the instructional level of each pupil. (b) Unlimited testing opportunities throughout the 2015‑2016 2016‑2017 school year. (c) Valid and reliable diagnostic assessment data. (d) Adjustment of testing difficulty based on previous answers to test questions. (e) Immediate feedback to pupils and teachers. (3) In order to receive reimbursement under this section for the purchase of 1 or more diagnostic tools or screening tools for pupils in grades K to 3, each of the tools must meet all of the following: (a) Be reliable. (b) Be valid. (c) Be useful. As used in this subdivision, “useful” means that a tool is easy to administer and requires a short time to complete and that results are linked to intervention. (4) In order to receive funding under this section for the purchase of 1 or more benchmark assessments for pupils in grades K to 3, each of the benchmark assessments must meet all of the following: (a) Be aligned to the state standards of this state. (b) Complement this state’s summative assessment system. (c) Be administered at least once a year before the administration of any summative assessment to monitor pupil progress. (d) Provide information on pupil achievement with regard to learning the content required in a given year or grade span. (5) Reimbursement under this section shall be made to eligible districts that purchase a computer‑adaptive test or 1 or more diagnostic tools, screening tools, or benchmark assessments described in this section by October 15, 2015 2016 and shall be made on an equal per‑pupil basis according to the available funding, BASED ON THE NUMBER OF PUPILS FOR WHOM ASSESSMENTS WERE PURCHASED. (6) In order to receive reimbursement under this section, a district shall demonstrate to the satisfaction of the department that each qualifying computer‑adaptive test, diagnostic tool, screening tool, or benchmark assessment was purchased by the district by December 1, 2015.2016. Sec. 107. (1) From the appropriation in section 11, there is allocated an amount not to exceed $25,000,000.00 for 2015‑2016 2016‑2017 for adult education programs authorized under this section. Except as otherwise provided under subsections (16) and (18), (14) AND (15), funds allocated under this section are restricted for adult education programs as authorized under this section only. A recipient of funds under this section shall not use those funds for any other purpose. (2) To be eligible for funding under this section, an eligible adult education provider shall employ certificated teachers and qualified administrative staff and shall offer continuing education opportunities for teachers to allow them to maintain certification. (3) To be eligible to be a participant funded under this section, an individual shall be enrolled in an adult basic education program, AN ADULT SECONDARY EDUCATION PROGRAM, an adult English as a second language program, a high school equivalency test preparation program, a job‑ or employment‑related program, or a high school completion program, that meets the requirements of this section, and for which instruction is provided, and shall meet either of the following: , as applicable: (a) If the individual has achieved a high school equivalency certificate, the individual meets 1 of the following: (i) Is less than 20 years of age on September 1 of the school year, is not attending an institution of higher education, and is enrolled in a job‑ or employment‑related program through a referral by an employer or by a Michigan workforce agency. (ii) Is enrolled in an English as a second language program. (iii) Is enrolled in a high school completion program. (iv) Is at least 20 years of age on September 1 of the school year, is enrolled in an adult basic education program, and is determined by a department‑approved assessment, in a form and manner prescribed by the department, to be below grade 9 level in reading or mathematics, or both. 1072 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (b) If the individual has not obtained a high school diploma or high school equivalency certificate, the individual meets 1 of the following: (i) Is at least 20 years of age on September 1 of the school year. (ii) Is at least 16 years of age on September 1 of the school year, has been permanently expelled from school under section 1311(2) or 1311a of the revised school code, MCL 380.1311 and 380.1311a, and has no appropriate alternative education program available through his or her district of residence. (A) HAS ATTAINED 20 YEARS OF AGE. (B) HAS ATTAINED 18 YEARS OF AGE AND THE INDIVIDUAL’S GRADUATING CLASS HAS GRADUATED. (4) By April 1 of each fiscal year, the intermediate districts within a prosperity region or subregion shall determine which intermediate district will serve as the prosperity region’s or subregion’s fiscal agent for the next fiscal year and shall notify the department in a form and manner determined by the department. The department shall approve or disapprove of the prosperity region’s or subregion’s selected fiscal agent. From the funds allocated under subsection (1), an amount as determined under this subsection shall be allocated to each intermediate district serving as a fiscal agent for adult education programs in each of the prosperity regions or subregions identified by the department. An intermediate district shall not use more than 5% of the funds allocated under this subsection for administration costs for serving as the fiscal agent. Beginning in 2014‑2015, 67% of the allocation provided to each intermediate district serving as a fiscal agent shall be based on the proportion of total funding formerly received by the adult education providers in that prosperity region or subregion in 2013‑2014, and 33% shall be allocated based on the factors in subdivisions (a), (b), and (c). For 2016‑2017, 2017‑2018, 33% of the allocation provided to each intermediate district serving as a fiscal agent shall be based upon the proportion of total funding formerly received by the adult education providers in that prosperity region in 2013‑2014 and 67% of the allocation shall be based upon the factors in subdivisions (a), (b), and (c). Beginning in 2017‑2018, 2018‑2019, 100% of the allocation provided to each intermediate district serving as a fiscal agent shall be based on the factors in subdivisions (a), (b), and (c). The funding factors for this section are as follows: (a) Sixty percent of this portion of the funding shall be distributed based upon the proportion of the state population of individuals between the ages of 18 and 24 that are not high school graduates that resides in each of the prosperity regions or subregions, as reported by the most recent 5‑year estimates from the American community survey (ACS) from the United States Census Bureau. (b) Thirty‑five percent of this portion of the funding shall be distributed based upon the proportion of the state population of individuals age 25 or older who are not high school graduates that resides in each of the prosperity regions or subregions, as reported by the most recent 5‑year estimates from the American community survey (ACS) from the United States Census Bureau. (c) Five percent of this portion of the funding shall be distributed based upon the proportion of the state population of individuals age 18 or older who lack basic English language proficiency that resides in each of the prosperity regions or subregions, as reported by the most recent 5‑year estimates from the American community survey (ACS) from the United States Census Bureau. (5) To be an eligible fiscal agent, an intermediate district must agree to do the following in a form and manner determined by the department: (a) Distribute funds to adult education programs in a prosperity region or subregion as described in this section. (b) Collaborate with the talent district career council, which is an advisory council of the workforce development boards located in the prosperity region or subregion, or its successor, to develop a regional strategy that aligns adult education programs and services into an efficient and effective delivery system for adult education learners, with special consideration for providing contextualized learning and career pathways AND ADDRESSING BARRIERS TO EDUCATION AND EMPLOYMENT. (c) Collaborate with the talent district career council, which is an advisory council of the workforce development boards located in the prosperity region or subregion, or its successor, to create a local process and criteria that will identify eligible adult education providers to receive funds allocated under this section based on location, demand for services, past performance, quality indicators as identified by the department, and cost to provide instructional services. The fiscal agent shall determine all local processes, criteria, and provider determinations. However, the local processes, criteria, and provider services must be approved by the department before funds may be distributed to the fiscal agent. (d) Provide oversight to its adult education providers throughout the program year to ensure compliance with the requirements of this section. (e) Report adult education program and participant data and information as prescribed by the department. (6) The amount allocated under this section per full‑time equated participant shall not exceed $2,850.00 for a 450‑hour program. The amount shall be proportionately reduced for a program offering less than 450 hours of instruction. (6) (7) An adult basic education program, AN ADULT SECONDARY EDUCATION PROGRAM, or an adult English as a second language program operated on a year‑round or school year basis may be funded under this section, subject to all of the following: (a) The program enrolls adults who are determined by a department‑approved assessment, in a form and manner prescribed by the department, to be below ninth TWELFTH grade level in reading or mathematics, or both, or to lack basic English proficiency. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1073 (b) The program tests individuals for eligibility under subdivision (a) before enrollment and upon completion of the program in compliance with the state‑approved assessment policy. (c) A participant in an adult basic education program is eligible for reimbursement until 1 of the following occurs: (i) The participant’s reading and mathematics proficiency are assessed at or above the ninth grade level. (ii) The participant fails to show progress on 2 successive assessments after having completed at least 450 hours of instruction. (D) A PARTICIPANT IN AN ADULT SECONDARY EDUCATION PROGRAM IS ELIGIBLE FOR REIMBURSEMENT UNTIL 1 OF THE FOLLOWING OCCURS: (i) THE PARTICIPANT’S READING AND MATHEMATICS PROFICIENCY ARE ASSESSED ABOVE THE TWELFTH GRADE LEVEL. (ii) THE PARTICIPANT FAILS TO SHOW PROGRESS ON 2 SUCCESSIVE ASSESSMENTS AFTER HAVING AT LEAST 450 HOURS OF INSTRUCTION. (E) (d) A funding recipient enrolling a participant in an English as a second language program is eligible for funding according to subsection (11) (9) until the participant meets 1 of the following: (i) The participant is assessed as having attained basic English proficiency as determined by a department‑approved assessment. (ii) The participant fails to show progress on 2 successive department‑approved assessments after having completed at least 450 hours of instruction. The department shall provide information to a funding recipient regarding appropriate assessment instruments for this program. (7) (8) A high school equivalency test preparation program operated on a year‑round or school year basis may be funded under this section, subject to all of the following: (a) The program enrolls adults who do not have a high school diploma OR A HIGH SCHOOL EQUIVALENCY CERTIFICATE. (b) The program shall administer a pre‑test approved by the department before enrolling an individual to determine the individual’s literacy levels, shall administer a high school equivalency practice test to determine the individual’s potential for success on the high school equivalency test, and shall administer a post‑test upon completion of the program in compliance with the state‑approved assessment policy. (c) A funding recipient shall receive funding according to subsection (11) (9) for a participant, and a participant may be enrolled in the program until 1 of the following occurs: (i) The participant achieves a high school equivalency certificate. (ii) The participant fails to show progress on 2 successive department‑approved assessments used to determine readiness to take a high school equivalency test after having completed at least 450 hours of instruction. (8) (9) A high school completion program operated on a year‑round or school year basis may be funded under this section, subject to all of the following: (a) The program enrolls adults who do not have a high school diploma. (b) The program tests participants described in subdivision (a) before enrollment and upon completion of the program in compliance with the state‑approved assessment policy. (c) A funding recipient shall receive funding according to subsection (11) (9) for a participant in a course offered under this subsection until 1 of the following occurs: (i) The participant passes the course and earns a high school diploma. (ii) The participant fails to earn credit in 2 successive semesters or terms in which the participant is enrolled after having completed at least 900 hours of instruction. (10) A job‑ or employment‑related adult education program operated on a year‑round or school year basis may be funded under this section, subject to all of the following: (a) The program enrolls adults referred by their employer who are less than 20 years of age, have a high school diploma, are determined to be in need of remedial mathematics or communication arts skills, and are not attending an institution of higher education. (b) The program tests participants described in subdivision (a) before enrollment and upon completion of the program in compliance with the department‑approved assessment policy. (c) An individual may be enrolled in this program and the grant recipient shall receive funding according to subsection (11) until 1 of the following occurs: (i) The individual achieves the requisite skills as determined by department‑approved assessment instruments. (ii) The individual fails to show progress on 2 successive assessments after having completed at least 450 hours of instruction. (9) (11) A funding recipient shall receive payments under this section in accordance with ALL OF the following: (a) Eighty percent for enrollment of eligible participants.STATEWIDE ALLOCATION CRITERIA, INCLUDING 3‑YEAR AVERAGE ENROLLMENTS, CENSUS DATA, AND LOCAL NEEDS. (b) Twenty percent for participant PARTICIPANT completion of the adult basic education objectives by achieving an educational gain as determined by the national reporting system levels; for achieving basic English proficiency, as determined by the department; for achieving a high school equivalency certificate or passage of 1 or more individual high school equivalency tests; for attainment of a high school diploma or passage of a course required for a participant to attain a high school diploma; for enrollment in a postsecondary institution, or for entry into or retention of employment, as applicable. 1074 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (C) PARTICIPANT COMPLETION OF CORE INDICATORS AS IDENTIFIED IN THE INNOVATION AND OPPORTUNITY ACT. (D) ALLOWABLE EXPENDITURES. (10) (12) A person who is not eligible to be a participant funded under this section may receive adult education services upon the payment of tuition. In addition, a person who is not eligible to be served in a program under this section due to the program limitations specified in subsection (7), (8), (9), or (10) (6), (7), OR (8) may continue to receive adult education services in that program upon the payment of tuition. The tuition level shall be determined by the local or intermediate district conducting the program. (11) (13) An individual who is an inmate in a state correctional facility shall not be counted as a participant under this section. (12) (14) A funding recipient shall not commingle money received under this section or from another source for adult education purposes with any other funds and shall establish a separate ledger account for funds received under this section. This subsection does not prohibit a district from using general funds of the district to support an adult education or community education program. (13) (15) A funding recipient receiving funds under this section may establish a sliding scale of tuition rates based upon a participant’s family income. A funding recipient may charge a participant tuition to receive adult education services under this section from that sliding scale of tuition rates on a uniform basis. The amount of tuition charged per participant shall not exceed the actual operating cost per participant minus any funds received under this section per participant. A funding recipient may not charge a participant tuition under this section if the participant’s income is at or below 200% of the federal poverty guidelines published by the United States Department of Health and Human Services. (14) (16) In order to receive funds under this section, a funding recipient shall furnish to the department, in a form and manner determined by the department, all information needed to administer this program and meet federal reporting requirements; shall allow the department or the department’s designee to review all records related to the program for which it receives funds; and shall reimburse the state for all disallowances found in the review, as determined by the department. In addition, a funding recipient shall agree to pay to a career and technical education program under section 61a the amount of funding received under this section in the proportion of career and technical education coursework used to satisfy adult basic education programming, as billed to the funding recipient by programs operating under section 61a. (17) All intermediate district participant audits of adult education programs shall be performed pursuant to the adult education participant auditing and accounting manuals published by the department. (15) (18) From the amount appropriated in subsection (1), an amount not to exceed $500,000.00 shall be allocated for 2015‑2016 2016‑2017 to not more than 1 pilot program that is located in a prosperity region with 2 or more subregions and that connects adult education participants directly with employers by linking adult education, career and technical skills, and workforce development. To be eligible for funding under this subsection, a pilot program shall provide a collaboration linking adult education programs within the county, the area career/technical center, and local employers, and shall meet the additional criteria in subsections (19) and (20). (16) AND (17). Funding under this subsection for 2015‑2016 2016‑2017 is for the first SECOND of 3 years of funding. (16) (19) A pilot program funded under subsection (18) (15) shall require adult education staff to work with Michigan works agency to identify a cohort of participants who are most prepared to successfully enter the workforce. Participants identified under this subsection shall be dually enrolled in adult education programming and at least 1 technical course at the area career/ technical center. (17) (20) A pilot program funded under subsection (18) (15) shall have on staff an adult education navigator who will serve as a caseworker for each participant identified under subsection (19). (16). The navigator shall work with adult education staff and potential employers to design an educational program best suited to the personal and employment needs of the participant, and shall work with human service agencies or other entities to address any barrier in the way of participant access. (18) (21) Not later than December 1, 2016, 2017, the pilot program funded under subsection (18) (15) shall provide to the senate and house appropriations subcommittees on school aid and to the senate and house fiscal agencies a report detailing number of participants, graduation rates, and a measure of transitioning to employment. (19) (22) The department shall develop an application process for a pilot program to be funded under subsection (18) (15) and shall award funding not later than November 1, 2015. OCTOBER 1, 2016. Funding allocated under subsection (18) (15) may be paid on a schedule other than that specified under section 17b. (20) (23) The department shall approve at least 1 3 high school equivalency test TESTS and determine whether a high school equivalency certificate meets the requisite standards for high school equivalency in this state. (21) (24) As used in this section: (a) “Career pathway” means a combination of rigorous and high‑quality education, training, and other services that comply with all of the following: (i) Aligns with the skill needs of industries in the economy of this state or in the regional economy involved. (ii) Prepares an individual to be successful in any of a full range of secondary or postsecondary education options, including apprenticeships registered under the act of August 16, 1937 (commonly known as the “national apprenticeship act”), 29 USC 50 et seq. (iii) Includes counseling to support an individual in achieving the individual’s education and career goals. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1075 (iv) Includes, as appropriate, education offered concurrently with and in the same context as workforce preparation activities and training for a specific occupation or occupational cluster. (v) Organizes education, training, and other services to meet the particular needs of an individual in a manner that accelerates the educational and career advancement of the individual to the extent practicable. (vi) Enables an individual to attain a secondary school diploma or its recognized equivalent, and at least 1 recognized postsecondary credential. (vii) Helps an individual enter or advance within a specific occupation or occupational cluster. (b) “Department” means the department of talent and economic development. (c) “Eligible adult education provider” means a district, intermediate district, a consortium of districts, a consortium of intermediate districts, or a consortium of districts and intermediate districts that is identified as part of the local process described in subsection (5)(c) and approved by the department. (d) “Participant” means the sum of the number of full‑time equated individuals enrolled in and attending a department‑approved adult education program under this section, using quarterly participant count days on the schedule described in section 6(7)(b). Sec. 147. (1) The allocation for 2015‑2016 2016‑2017 for the public school employees’ retirement system pursuant to the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1408, shall be made using the individual projected benefit entry age normal cost method of valuation and risk assumptions adopted by the public school employees retirement board and the department of technology, management, and budget. (2) The annual level percentage of payroll contribution rates for the 2015‑2016 2016‑2017 fiscal year, as determined by the retirement system, are estimated as follows: (a) For public school employees who first worked for a public school reporting unit before July 1, 2010 and who are enrolled in the health premium subsidy, the annual level percentage of payroll contribution rate is estimated at 36.31%, 36.64%, with 25.78% 24.94% paid directly by the employer. (b) For public school employees who first worked for a public school reporting unit on or after July 1, 2010 and who are enrolled in the health premium subsidy, the annual level percentage of payroll contribution rate is estimated at 35.09%, 36.01%, with 24.56% 24.31% paid directly by the employer. (c) For public school employees who first worked for a public school reporting unit on or after July 1, 2010 and who participate in the personal healthcare fund, the annual level percentage of payroll contribution rate is estimated at 34.66%, 35.79%, with 24.13% 24.09% paid directly by the employer. (d) For public school employees who first worked for a public school reporting unit on or after September 4, 2012, who elect defined contribution, and who participate in the personal healthcare fund, the annual level percentage of payroll contribution rate is estimated at 31.49%, 32.66%, with 20.96% paid directly by the employer. (e) For public school employees who first worked for a public school reporting unit before July 1, 2010, who elect defined contribution, and who are enrolled in the health premium subsidy, the annual level percentage of payroll contribution rate is estimated at 31.92%, 32.88%, with 21.39% 21.18% paid directly by the employer. (f) For public school employees who first worked for a public school reporting unit before July 1, 2010, who elect defined contribution, and who participate in the personal healthcare fund, the annual level percentage of payroll contribution rate is estimated at 31.49%, 32.66%, with 20.96% paid directly by the employer. (g) For public school employees who first worked for a public school reporting unit before July 1, 2010 and who participate in the personal healthcare fund, the annual level percentage of payroll contribution rate is estimated at 35.88%, 36.42%, with 25.35% 24.72% paid directly by the employer. (3) In addition to the employer payments described in subsection (2), the employer shall pay the applicable contributions to the Tier 2 plan, as determined by the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1408. (4) The contribution rates in subsection (2) reflect an amortization period of 23 22 years for 2015‑2016. 2016‑2017. The public school employees’ retirement system board shall notify each district and intermediate district by February 28 of each fiscal year of the estimated contribution rate for the next fiscal year. Sec. 147a. From the appropriation in section 11, there is allocated for 2015‑2016 2016‑2017 an amount not to exceed $100,000,000.00 for payments to participating districts. A district that receives money under this section shall use that money solely for the purpose of offsetting a portion of the retirement contributions owed by the district for the fiscal year in which it is received. The amount allocated to each participating district under this section shall be based on each participating district’s percentage of the total statewide payroll for all participating districts for the immediately preceding fiscal year. As used in this section, “participating district” means a district that is a reporting unit of the Michigan public school employees’ retirement system under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1408, and that reports employees to the Michigan public school employees’ retirement system for the applicable fiscal year. Sec. 147c. (1) From the appropriation in section 11, there is allocated for 2015‑2016 2016‑2017 an amount not to exceed $892,900,000.00 $982,200,000.00 from the state school aid fund for payments to districts and intermediate districts that are participating entities of the Michigan public school employees’ retirement system. In addition, from the general fund money appropriated in section 11, there is allocated for 2015‑2016 2016‑2017 an amount not to exceed $600,000.00 for payments to district libraries that are participating entities of the Michigan public school employees’ retirement system. 1076 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (2) For 2015‑2016, 2016‑2017, the amounts allocated under subsection (1) are estimated to provide an average MPSERS rate cap per pupil amount of $601.00 $660.00 and are estimated to provide a rate cap per pupil for districts ranging between $4.00 $5.00 and $2,300.00.$3,100.00. (3) Payments made under this section for 2015‑2016 shall be equal to the difference between the unfunded actuarial accrued liability contribution rate as calculated pursuant to section 41 of the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341, as calculated without taking into account the maximum employer rate of 20.96% included in section 41 of the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341, and the maximum employer rate of 20.96% included in section 41 of the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341. (4) The amount allocated to each participating entity under this section shall be based on each participating entity’s proportion of the total covered payroll for the immediately preceding fiscal year for the same type of participating entities. A participating entity that receives funds under this section shall use the funds solely for the purpose of retirement contributions as specified in subsection (5). (5) Each participating entity receiving funds under this section shall forward an amount equal to the amount allocated under subsection (4) to the retirement system in a form, manner, and time frame determined by the retirement system. (6) Funds allocated under this section should be considered when comparing a district’s growth in total state aid funding from 1 fiscal year to the next. (7) Not later than December 20, 2015, 2016, the department shall publish and post on its website an estimated MPSERS rate cap per pupil for each district. (8) As used in this section: (a) “MPSERS rate cap per pupil” means an amount equal to the quotient of the district’s payment under this section divided by the district’s pupils in membership. (b) “Participating entity” means a district, intermediate district, or district library that is a reporting unit of the Michigan public school employees’ retirement system under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437, and that reports employees to the Michigan public school employees’ retirement system for the applicable fiscal year. (c) “Retirement board” means the board that administers the retirement system under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437. (d) “Retirement system” means the Michigan public school employees’ retirement system under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437. Sec. 152a. (1) As required by the court in the consolidated cases known as Adair v State of Michigan, Michigan supreme court docket nos. 137424 and 137453, from the state school aid fund money appropriated in section 11 there is allocated for 2015‑2016 2016‑2017 an amount not to exceed $38,000,500.00 to be used solely for the purpose of paying necessary costs related to the state‑mandated collection, maintenance, and reporting of data to this state. (2) From the allocation in subsection (1), the department shall make payments to districts and intermediate districts in an equal amount per‑pupil based on the total number of pupils in membership in each district and intermediate district. The department shall not make any adjustment to these payments after the final installment payment under section 17b is made. SEC. 152B. (1) FROM THE GENERAL FUND MONEY APPROPRIATED UNDER SECTION 11, THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $2,500,000.00 FOR 2016‑2017 TO REIMBURSE COSTS INCURRED BY NONPUBLIC SCHOOLS AS IDENTIFIED IN THE NONPUBLIC SCHOOL MANDATE REPORT PUBLISHED BY THE DEPARTMENT ON NOVEMBER 25, 2014 AND UNDER SUBSECTION (2). (2) BY JANUARY 1, 2017, THE DEPARTMENT SHALL PUBLISH A FORM CONTAINING THE REQUIREMENTS IDENTIFIED IN THE REPORT UNDER SUBSECTION (1). THE DEPARTMENT SHALL INCLUDE OTHER REQUIREMENTS ON THE FORM THAT WERE ENACTED INTO LAW AFTER PUBLICATION OF THE REPORT. THE FORM SHALL BE POSTED ON THE DEPARTMENT’S WEBSITE IN ELECTRONIC FORM. (3) BY JUNE 15, 2017, A NONPUBLIC SCHOOL SEEKING REIMBURSEMENT UNDER SUBSECTION (1) OF COSTS INCURRED DURING THE 2016‑2017 SCHOOL YEAR SHALL SUBMIT THE FORM DESCRIBED IN SUBSECTION (2) TO THE DEPARTMENT. THIS SECTION DOES NOT REQUIRE A NONPUBLIC SCHOOL TO SUBMIT A FORM DESCRIBED IN SUBSECTION (2). A NONPUBLIC SCHOOL IS NOT ELIGIBLE FOR REIMBURSEMENT UNDER THIS SECTION UNLESS THE NONPUBLIC SCHOOL SUBMITS THE FORM DESCRIBED IN SUBSECTION (2) IN A TIMELY MANNER. (4) BY AUGUST 15, 2017, THE DEPARTMENT SHALL DISTRIBUTE FUNDS TO NONPUBLIC SCHOOLS THAT SUBMIT A COMPLETED FORM DESCRIBED UNDER SUBSECTION (2) IN A TIMELY MANNER. THE SUPERINTENDENT SHALL DETERMINE THE AMOUNT OF FUNDS TO BE PAID TO EACH NONPUBLIC SCHOOL IN AN AMOUNT THAT DOES NOT EXCEED THE NONPUBLIC SCHOOL’S ACTUAL COST TO COMPLY WITH REQUIREMENTS UNDER SUBSECTIONS (1) AND (2). THE SUPERINTENDENT SHALL CALCULATE A NONPUBLIC SCHOOL’S ACTUAL COST IN ACCORDANCE WITH THIS SECTION. (5) IF THE FUNDS ALLOCATED UNDER THIS SECTION ARE INSUFFICIENT TO FULLY FUND PAYMENTS AS OTHERWISE CALCULATED UNDER THIS SECTION, THE DEPARTMENT SHALL DISTRIBUTE FUNDS UNDER THIS SECTION ON A PRORATED OR OTHER EQUITABLE BASIS AS DETERMINED BY THE SUPERINTENDENT. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1077 (6) THE DEPARTMENT HAS THE AUTHORITY TO REVIEW THE RECORDS OF A NONPUBLIC SCHOOL SUBMITTING A FORM DESCRIBED IN SUBSECTION (2) ONLY FOR THE LIMITED PURPOSE OF VERIFYING THE NONPUBLIC SCHOOL’S COMPLIANCE WITH THIS SECTION. IF A NONPUBLIC SCHOOL DOES NOT ALLOW THE DEPARTMENT TO REVIEW RECORDS UNDER THIS SUBSECTION FOR THIS LIMITED PURPOSE, THE NONPUBLIC SCHOOL IS NOT ELIGIBLE FOR REIMBURSEMENT UNDER THIS SECTION. (7) THE FUNDS APPROPRIATED UNDER THIS SECTION ARE FOR PURPOSES RELATED TO EDUCATION, ARE CONSIDERED TO BE INCIDENTAL TO THE OPERATION OF A NONPUBLIC SCHOOL, ARE NONINSTRUCTIONAL IN CHARACTER, AND ARE INTENDED FOR THE PUBLIC PURPOSE OF ENSURING THE HEALTH, SAFETY, AND WELFARE OF THE CHILDREN IN NONPUBLIC SCHOOLS AND TO REIMBURSE NONPUBLIC SCHOOLS FOR COSTS DESCRIBED IN THIS SECTION. (8) FUNDS ALLOCATED UNDER THIS SECTION ARE NOT INTENDED TO AID OR MAINTAIN ANY NONPUBLIC SCHOOL, SUPPORT THE ATTENDANCE OF ANY STUDENT AT A NONPUBLIC SCHOOL, EMPLOY ANY PERSON AT A NONPUBLIC SCHOOL, SUPPORT THE ATTENDANCE OF ANY STUDENT AT ANY LOCATION WHERE INSTRUCTION IS OFFERED TO A NONPUBLIC SCHOOL STUDENT, OR SUPPORT THE EMPLOYMENT OF ANY PERSON AT ANY LOCATION WHERE INSTRUCTION IS OFFERED TO A NONPUBLIC SCHOOL STUDENT. (9) FOR PURPOSES OF THIS SECTION, “ACTUAL COST” MEANS THE HOURLY WAGE FOR THE EMPLOYEE OR EMPLOYEES PERFORMING THE REPORTED TASK OR TASKS AND IS TO BE CALCULATED IN ACCORDANCE WITH THE FORM PUBLISHED BY THE DEPARTMENT UNDER SUBSECTION (2), WHICH SHALL INCLUDE A DETAILED ITEMIZATION OF COST. THE NONPUBLIC SCHOOL SHALL NOT CHARGE MORE THAN THE HOURLY WAGE OF ITS LOWEST‑PAID EMPLOYEE CAPABLE OF PERFORMING THE REPORTED TASK REGARDLESS OF WHETHER THAT INDIVIDUAL IS AVAILABLE AND REGARDLESS OF WHO ACTUALLY PERFORMS THE REPORTED TASK. LABOR COSTS UNDER THIS SUBSECTION SHALL BE ESTIMATED AND CHARGED IN INCREMENTS OF 15 MINUTES OR MORE, WITH ALL PARTIAL TIME INCREMENTS ROUNDED DOWN. WHEN CALCULATING COSTS UNDER SUBSECTION (4), FEE COMPONENTS SHALL BE ITEMIZED IN A MANNER THAT EXPRESSES BOTH THE HOURLY WAGE AND THE NUMBER OF HOURS CHARGED. THE NONPUBLIC SCHOOL MAY NOT CHARGE ANY APPLICABLE LABOR CHARGE AMOUNT TO COVER OR PARTIALLY COVER THE COST OF HEALTH OR FRINGE BENEFITS. A NONPUBLIC SCHOOL SHALL NOT CHARGE ANY OVERTIME WAGES IN THE CALCULATION OF LABOR COSTS. Sec. 166. (1) A district in which a school official, member of a board, or other person dispenses or otherwise distributes a family planning drug or device in a public school in violation of section 1507 of the revised school code, being section 380.1507 of the Michigan Compiled Laws, dispenses prescriptions for any family planning drug, or makes referrals for abortions shall forfeit 5% of its total state aid appropriation. THE GOVERNING BOARD OF A DISTRICT OR INTERMEDIATE DISTRICT SHALL ADOPT AND IMPLEMENT A DISCIPLINARY POLICY AS DESCRIBED IN SUBSECTION (2) TO PROVIDE PENALTIES FOR VIOLATIONS OF SECTION 1507 OF THE REVISED SCHOOL CODE, MCL 380.1507, AND PENALTIES FOR A SCHOOL OFFICIAL, MEMBER OF A GOVERNING BOARD, EMPLOYEE OF THE DISTRICT OR INTERMEDIATE DISTRICT, OR OTHER PERSON WHO REFERS A PUPIL FOR AN ABORTION OR ASSISTS A PUPIL IN OBTAINING AN ABORTION. A DISTRICT OR INTERMEDIATE DISTRICT THAT FAILS TO ADOPT A POLICY REQUIRED UNDER THIS SECTION WITHIN 3 YEARS AFTER THE EFFECTIVE DATE OF THE 2016 AMENDMENTS TO THIS SECTION SHALL FORFEIT FROM ITS TOTAL STATE SCHOOL AID AN AMOUNT EQUAL TO $100,000.00. (2) A DISCIPLINARY POLICY REQUIRED UNDER SUBSECTION (1) SHALL PROVIDE FOR A FINANCIAL PENALTY TO BE APPLIED AGAINST AN INDIVIDUAL EMPLOYED BY THE DISTRICT OR INTERMEDIATE DISTRICT WHO VIOLATES THE POLICY UNDER SUBSECTION (1) THAT IS EQUIVALENT TO NOT LESS THAN 3% OF THAT INDIVIDUAL’S ANNUAL COMPENSATION. (3) A DISTRICT OR INTERMEDIATE DISTRICT THAT APPLIES A FINANCIAL PENALTY AGAINST OR COLLECTS A FINE FROM AN INDIVIDUAL AS PROVIDED UNDER SUBSECTION (2) SHALL REFUND TO THE STATE SCHOOL AID FUND AN AMOUNT OF MONEY EQUAL TO THE AMOUNT OF THE PENALTY OR FINE. Sec. 166b. (1) This act does not prohibit a parent or legal guardian of a minor who is enrolled in any of grades kindergarten to 12 in a nonpublic school or who is being home‑schooled from also enrolling the minor in a district, public school academy, or intermediate district in any curricular offering that is provided by the district, public school academy, or intermediate district at a public school site and is available to pupils in the minor’s grade level or age group, subject to compliance with the same requirements that apply to a full‑time pupil’s participation in the offering. However, state school aid shall be provided under this act for a minor enrolled as described in this subsection only for curricular offerings that are offered to full‑time pupils in the minor’s grade level or age group during regularly scheduled school hours. (2) This act does not prohibit a parent or legal guardian of a minor who is enrolled in any of grades kindergarten to 12 in a nonpublic school or who resides within the district and is being home‑schooled from also enrolling the minor in the district in a 1078 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 curricular offering being provided by the district at the nonpublic school site. However, state school aid shall be provided under this act for a minor enrolled as described in this subsection only if all of the following apply: (a) Either of the following: (i) The nonpublic school site is located, or the nonpublic students are educated, within the geographic boundaries of the district. (ii) If the nonpublic school has submitted a written request to the district in which the nonpublic school is located for the district to provide certain instruction under this subsection for a school year and the district does not agree to provide some or all of that instruction by May 1 immediately preceding that school year or, if the request is submitted after March 1 immediately preceding that school year, within 60 days after the nonpublic school submits the request, the instruction is instead provided by an eligible other district. This subparagraph does not require a nonpublic school to submit more than 1 request to the district in which the nonpublic school is located for that district to provide instruction under this subsection, and does not require a nonpublic school to submit an additional request to the district in which the nonpublic school is located for that district to provide additional instruction under this subsection beyond the instruction requested in the original request, before having the instruction provided by an eligible other district. A public school academy that is located in the district in which the nonpublic school is located or in an eligible other district also may provide instruction under this subparagraph under the same conditions as an eligible other district. As used in this subparagraph, “eligible other district” means a district that is located in the same intermediate district as the district in which the nonpublic school is located or is located in an intermediate district that is contiguous to that intermediate district. (b) The nonpublic school is registered with the department as a nonpublic school and meets all state reporting requirements for nonpublic schools. (c) The instruction is scheduled to occur during the regular school day. (d) The instruction is provided directly by a certified teacher at the district or public school academy or at an intermediate district. (e) The curricular offering is also available to full‑time pupils in the minor’s grade level or age group in the district or public school academy during the regular school day at a public school site. (f) The curricular offering is restricted to nonessential elective courses for pupils in grades kindergarten to 12. (3) A minor enrolled as described in this section is a part‑time pupil for purposes of state school aid under this act. (4) A district that receives a written request to provide instruction under subsection (2) shall reply to the request in writing by May 1 immediately preceding the applicable school year or, if the request is made after March 1 immediately preceding that school year, within 60 days after the nonpublic school submits the request. The written reply shall specify whether the district agrees to provide or does not agree to provide the instruction for each portion of instruction included in the request. (5) THE DEPARTMENT SHALL ESTABLISH A WORKGROUP CONSISTING OF STAFF FROM THE DEPARTMENT, STAFF FROM THE CENTER, PUPIL ACCOUNTING STAFF FROM DISTRICTS AND INTERMEDIATE DISTRICTS, OTHER APPLICABLE STAFF FROM DISTRICTS AND INTERMEDIATE DISTRICTS, REPRESENTATIVES FROM NONPUBLIC SCHOOLS, AND REPRESENTATIVES FROM HOME SCHOOLS TO EXAMINE THE ISSUE OF PROVIDING A UNIFORM DEFINITION OF NONESSENTIAL ELECTIVE COURSES, AND ALSO TO PROVIDE A UNIFORM DEFINITION OF A PART‑TIME PUPIL FOR THE PURPOSES OF THIS SECTION. SEC. 167A. A DISTRICT IS ENCOURAGED TO IMPLEMENT A PLAN TO REDUCE PUPIL EXPULSIONS AND SUSPENSIONS THAT EXCEED 10 DAYS. IT IS THE INTENT OF THE LEGISLATURE THAT A DISTRICT THAT HAS NOT IMPLEMENTED A PLAN TO REDUCE PUPIL EXPULSIONS AND SUSPENSIONS THAT EXCEED 10 DAYS WILL BE SUBJECT TO FORFEITURE OF A PORTION OF ITS TOTAL STATE SCHOOL AID. Sec. 201. (1) Subject to the conditions set forth in this article, the amounts listed in this section are appropriated for community colleges for the fiscal year ending September 30, 2016, 2017, from the funds indicated in this section. The following is a summary of the appropriations in this section: (a) The gross appropriation is $387,825,600.00. $395,925,600.00. After deducting total interdepartmental grants and intradepartmental transfers in the amount of $0.00, the adjusted gross appropriation is $387,825,600.00.$395,925,600.00. (b) The sources of the adjusted gross appropriation described in subdivision (a) are as follows: (i) Total federal revenues, $0.00. (ii) Total local revenues, $0.00. (iii) Total private revenues, $0.00. (iv) Total other state restricted revenues, $256,714,800.00.$260,414,800.00. (v) State general fund/general purpose money, $131,110,800.00.$135,510,800.00. (2) Subject to subsection (3), the amount appropriated for community college operations is $311,492,000.00, $315,892,000.00, allocated as follows: (a) The appropriation for Alpena Community College is $5,464,400.00, $5,390,700.00 for operations and $73,700.00 for performance funding.$5,544,700.00, $5,464,400.00 FOR OPERATIONS AND $80,300.00 FOR PERFORMANCE FUNDING. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1079 (b) The appropriation for Bay de Noc Community College is $5,490,200.00, $5,419,500.00 for operations and $70,700.00 for performance funding.$5,560,900.00, $5,490,200.00 FOR OPERATIONS AND $70,700.00 FOR PERFORMANCE FUNDING. (c) The appropriation for Delta College is $14,704,000.00, $14,498,900.00 for operations and $205,100.00 for performance funding.$14,907,700.00, $14,704,000.00 FOR OPERATIONS AND $203,700.00 FOR PERFORMANCE FUNDING. (d) The appropriation for Glen Oaks Community College is $2,551,100.00, $2,516,100.00 for operations and $35,000.00 for performance funding.$2,586,900.00, $2,551,100.00 FOR OPERATIONS AND $35,800.00 FOR PERFORMANCE FUNDING. (e) The appropriation for Gogebic Community College is $4,509,900.00, $4,451,400.00 for operations and $58,500.00 for performance funding.$4,577,800.00, $4,509,900.00 FOR OPERATIONS AND $67,900.00 FOR PERFORMANCE FUNDING. (f) The appropriation for Grand Rapids Community College is $18,187,300.00, $17,947,500.00 for operations and $239,800.00 for performance funding.$18,450,500.00, $18,187,300.00 FOR OPERATIONS AND $263,200.00 FOR PERFORMANCE FUNDING. (g) The appropriation for Henry Ford College is $21,893,300.00, $21,623,800.00 for operations and $269,500.00 for performance funding.$22,176,000.00, $21,893,300.00 FOR OPERATIONS AND $282,700.00 FOR PERFORMANCE FUNDING. (h) The appropriation for Jackson College is $12,245,300.00, $12,087,300.00 for operations and $158,000.00 for performance funding.$12,397,600.00, $12,245,300.00 FOR OPERATIONS AND $152,300.00 FOR PERFORMANCE FUNDING. (i) The appropriation for Kalamazoo Valley Community College is $12,689,400.00, $12,503,100.00 for operations and $186,300.00 for performance funding.$12,873,900.00, $12,689,400.00 FOR OPERATIONS AND $184,500.00 FOR PERFORMANCE FUNDING. (j) The appropriation for Kellogg Community College is $9,950,100.00, $9,813,500.00 for operations and $136,600.00 for performance funding.$10,087,500.00, $9,950,100.00 FOR OPERATIONS AND $137,400.00 FOR PERFORMANCE FUNDING. (k) The appropriation for Kirtland Community College is $3,221,500.00, $3,167,700.00 for operations and $53,800.00 for performance funding.$3,270,000.00, $3,221,500.00 FOR OPERATIONS AND $48,500.00 FOR PERFORMANCE FUNDING. (l) The appropriation for Lake Michigan College is $5,417,700.00, $5,342,900.00 for operations and $74,800.00 for performance funding.$5,492,800.00, $5,417,700.00 FOR OPERATIONS AND $75,100.00 FOR PERFORMANCE FUNDING. (m) The appropriation for Lansing Community College is $31,288,200.00, $30,877,600.00 for operations and $410,600.00 for performance funding.$31,677,300.00, $31,288,200.00 FOR OPERATIONS AND $389,100.00 FOR PERFORMANCE FUNDING. (n) The appropriation for Macomb Community College is $33,239,500.00, $32,816,600.00 for operations and $422,900.00 for performance funding.$33,681,800.00, $33,239,500.00 FOR OPERATIONS AND $442,300.00 FOR PERFORMANCE FUNDING. (o) The appropriation for Mid Michigan Community College is $4,757,700.00, $4,682,000.00 for operations and $75,700.00 for performance funding.$4,834,100.00, $4,757,700.00 FOR OPERATIONS AND $76,400.00 FOR PERFORMANCE FUNDING. (p) The appropriation for Monroe County Community College is $4,565,600.00, $4,492,900.00 for operations and $72,700.00 for performance funding.$4,636,700.00, $4,565,600.00 FOR OPERATIONS AND $71,100.00 FOR PERFORMANCE FUNDING. (q) The appropriation for Montcalm Community College is $3,280,600.00, $3,226,700.00 for operations and $53,900.00 for performance funding.$3,343,100.00, $3,280,600.00 FOR OPERATIONS AND $62,500.00 FOR PERFORMANCE FUNDING. (r) The appropriation for C.S. Mott Community College is $15,901,700.00, $15,686,100.00 for operations and $215,600.00 for performance funding.$16,115,500.00, $15,901,700.00 FOR OPERATIONS AND $213,800.00 FOR PERFORMANCE FUNDING. (s) The appropriation for Muskegon Community College is $9,020,700.00, $8,901,000.00 for operations and $119,700.00 for performance funding.$9,150,600.00, $9,020,700.00 FOR OPERATIONS AND $129,900.00 FOR PERFORMANCE FUNDING. (t) The appropriation for North Central Michigan College is $3,224,800.00, $3,172,400.00 for operations and $52,400.00 for performance funding.$3,290,400.00, $3,224,800.00 FOR OPERATIONS AND $65,600.00 FOR PERFORMANCE FUNDING. (u) The appropriation for Northwestern Michigan College is $9,200,500.00, $9,078,800.00 for operations and $121,700.00 for performance funding.$9,318,000.00, $9,200,500.00 FOR OPERATIONS AND $117,500.00 FOR PERFORMANCE FUNDING. 1080 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (v) The appropriation for Oakland Community College is $21,429,400.00, $21,123,300.00 for operations and $306,100.00 for performance funding.$21,770,900.00, $21,429,400.00 FOR OPERATIONS AND $341,500.00 FOR PERFORMANCE FUNDING. (w) The appropriation for St. Clair County Community College is $7,158,000.00, $7,061,600.00 for operations and $96,400.00 for performance funding. (W) (x) The appropriation for Schoolcraft College is $12,706,400.00, $12,513,700.00 for operations and $192,700.00 for performance funding.$12,909,300.00, $12,706,400.00 FOR OPERATIONS AND $202,900.00 FOR PERFORMANCE FUNDING. (X) (y) The appropriation for Southwestern Michigan College is $6,657,600.00, $6,576,400.00 for operations and $81,200.00 for performance funding.$6,732,500.00, $6,657,600.00 FOR OPERATIONS AND $74,900.00 FOR PERFORMANCE FUNDING. (Y) THE APPROPRIATION FOR ST. CLAIR COUNTY COMMUNITY COLLEGE IS $7,259,300.00, $7,158,000.00 FOR OPERATIONS AND $101,300.00 FOR PERFORMANCE FUNDING. (z) The appropriation for Washtenaw Community College is $13,301,100.00, $13,077,300.00 for operations and $223,800.00 for performance funding.$13,534,000.00, $13,301,100.00 FOR OPERATIONS AND $232,900.00 FOR PERFORMANCE FUNDING. (aa) The appropriation for Wayne County Community College is $16,989,800.00, $16,727,600.00 for operations and $262,200.00 for performance funding.$17,234,200.00, $16,989,800.00 FOR OPERATIONS AND $244,400.00 FOR PERFORMANCE FUNDING. (bb) The appropriation for West Shore Community College is $2,446,200.00, $2,414,900.00 for operations and $31,300.00 for performance funding.$2,478,000.00, $2,446,200.00 FOR OPERATIONS AND $31,800.00 FOR PERFORMANCE FUNDING. (3) The amount appropriated in subsection (2) for community college operations is appropriated from the following: (a) State school aid fund, $236,181,200.00.$185,481,200.00. (b) State general fund/general purpose money, $75,310,800.00.$130,410,800.00. (4) From the appropriations described in subsection (1), subject to section 207a, the amount appropriated for fiscal year 2015‑2016 2016‑2017 to offset certain fiscal year 2015‑2016 2016‑2017 retirement contributions is $1,733,600.00, appropriated from the state school aid fund. (5) From the appropriations described in subsection (1), subject to section 207b, the amount appropriated for payments to community colleges that are participating entities of the retirement system is $69,500,000.00, $17,200,000.00 $73,200,000.00, appropriated from the state school aid fund. , and $52,300,000.00 appropriated from general fund/general purpose money. (6) From the appropriations described in subsection (1), subject to section 207c, the amount appropriated for renaissance zone tax reimbursements is $5,100,000.00, $1,600,000.00 appropriated from the state school aid fund, and $3,500,000.00 appropriated from general fund/general purpose money. Sec. 201a. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2017 2018 for the items listed in section 201. The fiscal year 2016‑2017 2017‑2018 appropriations are anticipated to be the same as those for fiscal year 2015‑2016, 2016‑2017, except that the amounts will be adjusted for changes in retirement costs, caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2016 2017 consensus revenue estimating conference. Sec. 202a. As used in this article: (A) “CENTER” MEANS THE CENTER FOR EDUCATIONAL PERFORMANCE AND INFORMATION CREATED IN SECTION 94A. (B) (a) “Michigan renaissance zone act” means the Michigan renaissance zone act, 1996 PA 376, MCL 125.2681 to 125.2696. (C) (b) “Participating college” means a community college that is a reporting unit of the retirement system and that reports employees to the retirement system for the state fiscal year. (D) (c) “Retirement board” means the board that administers the retirement system under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437. (E) (d) “Retirement system” means the Michigan public school employees’ retirement system under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437. (F) (e) “Workforce development agency” means the workforce development agency of the Michigan strategic fund.WITHIN THE DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT‑‑TALENT INVESTMENT AGENCY. Sec. 203. Unless otherwise specified, a community college that receives appropriations in section 201, and the workforce development agency, AND THE CENTER shall use the internet INTERNET to fulfill the reporting requirements of this article. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement or it may include placement of reports on an internet INTERNET or intranet site. Sec. 206. The funds appropriated in section 201 are appropriated for community colleges with fiscal years ending June 30, 2016 2017 and shall be paid out of the state treasury and distributed by the state treasurer to the respective community colleges in 11 monthly installments on the sixteenth of each month, or the next succeeding business day, beginning with October 16, 2015. 2016. Each community college shall accrue its July and August 2016 2017 payments to its institutional fiscal year ending No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1081 June 30, 2016. 2017. However, if the state budget director determines that a community college failed to submit all verified Michigan community colleges activities classification structure data for school year 2014‑2015 2015‑2016 to the workforce development agency CENTER by November 1, 2015, 2016, or failed to submit its longitudinal data system data set for school year 2014‑2015 2015‑2016 to the center for educational performance and information under section 219, the state treasurer shall withhold the monthly installments from that community college until those data are submitted. The state budget director shall notify the chairs of the house and senate appropriations subcommittees on community colleges at least 10 days before withholding funds from any community college. Sec. 207. (1) A community college shall pay the employer’s contributions to the Michigan public school employees’ retirement system created by the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1408. 38.1437. This payment is a condition of receiving funds appropriated under this article. (2) A community college shall not pay an employer’s contribution to more than 1 retirement fund providing benefits for an employee. Sec. 207a. All of the following apply to the allocation of the fiscal year 2015‑2016 2016‑2017 appropriations described in section 201(4): (a) A community college that receives money under section 201(4) shall use that money solely for the purpose of offsetting a portion of the retirement contributions owed by the college for that fiscal year. (b) The amount allocated to each participating community college under section 201(4) shall be based on each college’s percentage of the total covered payroll for all community colleges that are participating colleges in the immediately preceding fiscal year. Sec. 207b. All of the following apply to the allocation of the fiscal year 2015‑2016 2016‑2017 appropriations described in section 201(5) for payments to community colleges that are participating entities of the retirement system: (a) The amount of a payment under section 201(5) shall be the difference between the unfunded actuarial accrued liability contribution rate as calculated under section 41 of the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341, and the maximum employer rate of 20.96% under section 41 of the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341. (b) The amount allocated to each community college under section 201(5) shall be based on each community college’s percentage of the total covered payroll for all community colleges that are participating colleges in the immediately preceding fiscal year. A community college that receives funds under this subdivision shall use the funds solely for the purpose of retirement contributions under section 201(5). (c) Each participating college that receives funds under section 201(5) shall forward an amount equal to the amount allocated under subdivision (b) to the retirement system in a form and manner determined by the retirement system. Sec. 207c. All of the following apply to the allocation of the appropriations described in section 201(6) to community colleges described in section 12(3) of the Michigan renaissance zone act, 1996 PA 376, MCL 125.2692: (a) The amount allocated to each community college under section 201(6) for fiscal year 2015‑2016 2016‑2017 shall be based on that community college’s proportion of total revenue lost by community colleges as a result of the exemption of property taxes levied in 2015 2016 under the Michigan renaissance zone act, 1996 PA 376, MCL 125.2681 to 125.2696. (b) The appropriations described in section 201(6) shall be made to each eligible community college within 60 days after the department of treasury certifies to the state budget director that it has received all necessary information to properly determine the amounts payable to each eligible community college under section 12 of the Michigan renaissance zone act, 1996 PA 376, MCL 125.2692. Sec. 209. (1) Within 30 days after the board of a community college adopts its annual operating budget for the following fiscal year, or after the board adopts a subsequent revision to that budget, the community college shall make all of the following available through a link on its website homepage: (a) The annual operating budget and subsequent budget revisions. (b) A link to the most recent “Activities Classification Structure Data Book and Companion”. (c) General fund revenue and expenditure projections for fiscal year 2015‑2016 2016‑2017 and fiscal year 2016‑2017.2017‑2018. (d) A listing of all debt service obligations, detailed by project, anticipated fiscal year 2015‑2016 2016‑2017 payment of each project, and total outstanding debt. (e) The estimated cost to the community college resulting from the patient protection and affordable care act, Public Law 111‑148, as amended by the health care and education reconciliation act of 2010, Public Law 111‑152. (f) Links to all of the following for the community college: (i) The current collective bargaining agreement for each bargaining unit. (ii) Each health care benefits plan, including, but not limited to, medical, dental, vision, disability, long‑term care, or any other type of benefits that would constitute health care services, offered to any bargaining unit or employee of the community college. (iii) Audits and financial reports for the most recent fiscal year for which they are available. (iv) A copy of the board of trustees resolution regarding compliance with best practices for the local strategic value component described in section 230(2). 1082 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (2) For statewide consistency and public visibility, community colleges must use the icon badge provided by the department of technology, management, and budget consistent with the icon badge developed by the department of education for K‑12 school districts. It must appear on the front of each community college’s homepage. The size of the icon may be reduced to 150 x 150 pixels. (3) The state budget director shall determine whether a community college has complied with this section. The state budget director may withhold a community college’s monthly installments described in section 206 until the community college complies with this section. The state budget director shall notify the chairs of the house and senate appropriations subcommittee on community colleges at least 10 days before withholding funds from any community college. (4) Each community college shall report the following information to the senate and house appropriations subcommittees on community colleges, the senate and house fiscal agencies, and the state budget office by November 15 of each fiscal year and post that information on its website as required under subsection (1): (a) Budgeted fiscal year 2015‑2016 2016‑2017 general fund revenue from tuition and fees. (b) Budgeted fiscal year 2015‑2016 2016‑2017 general fund revenue from state appropriations. (c) Budgeted fiscal year 2015‑2016 2016‑2017 general fund revenue from property taxes. (d) Budgeted fiscal year 2015‑2016 2016‑2017 total general fund revenue. (e) Budgeted fiscal year 2015‑2016 2016‑2017 total general fund expenditures. (5) By November 15 of each year, a community college shall report the following information to the center for educational performance and information and post the information on its website under the budget transparency icon badge: (a) Opportunities for earning college credit through the following programs: (i) State approved career and technical education or a tech prep articulated program of study. (ii) Direct college credit or concurrent enrollment. (iii) Dual enrollment. (iv) An early college/middle college program. (b) For each program described in subdivision (a) that the community college offers, all of the following information: (i) The number of high school students participating in the program. (ii) The number of school districts that participate in the program with the community college. (iii) Whether a college professor, qualified local school district employee, or other individual teaches the course or courses in the program. (iv) The total cost to the community college to operate the program. (v) The cost per credit hour for the course or courses in the program. (vi) The location where the course or courses in the program are held. (vii) Instructional resources offered to the program instructors. (viii) Resources offered to the student in the program. (ix) Transportation services provided to students in the program. Sec. 210b. (1) It is the intent of the legislature that the Michigan Association of Collegiate Registrars and Admissions Officers implement any agreement or agreements among the community colleges and universities concerning the transferability of college courses resulting from the recommendations of the committee created under former section 210a. (2) It is the intent of the legislature that the Michigan Association of Collegiate Registrars and Admissions Officers, the Michigan Community College Association, and the Presidents Council, State Universities of Michigan shall together submit an implementation update report to the senate and house appropriations subcommittees on community colleges and higher education, the senate and house fiscal agencies, and the state budget director by March 1, 2016.BY MARCH 1, 2017, THE MICHIGAN COMMUNITY COLLEGE ASSOCIATION AND THE MICHIGAN ASSOCIATION OF STATE UNIVERSITIES SHALL SUBMIT A REPORT TO THE SENATE AND HOUSE APPROPRIATIONS SUBCOMMITTEES ON COMMUNITY COLLEGES, THE SENATE AND HOUSE FISCAL AGENCIES, AND THE STATE BUDGET DIRECTOR THAT INCLUDES ALL OF THE FOLLOWING: (A) A PROGRESS REPORT ON THE IMPLEMENTATION OF THE MICHIGAN TRANSFER AGREEMENT DEVELOPED BY THE STUDY COMMITTEE CREATED UNDER FORMER SECTION 210A, INCLUDING AN UPDATE ON PROGRESS MADE ON OUTSTANDING CONCERNS IDENTIFIED IN THE MARCH 1, 2016 IMPLEMENTATION UPDATE. (B) A REPORT ON IMPROVEMENTS TO ARTICULATION AND CREDIT TRANSFER POLICIES AMONG AND BETWEEN ALL SECTORS OF POSTSECONDARY EDUCATION IN THIS STATE. THE REPORT SHALL IDENTIFY AREAS OF PROGRESS SINCE THE MARCH 1, 2016 REPORT REQUIRED BY FORMER SECTION 210C, INCLUDING ALL OF THE FOLLOWING: (i) IDENTIFYING EFFECTIVE POLICIES AND PRACTICES DEVELOPED BY OTHER STATES. (ii) DEVELOPING SPECIFIC PATHWAYS, WHERE ADVISABLE, THAT MEET PROGRAM REQUIREMENTS FOR BOTH ASSOCIATE’S AND BACHELOR’S DEGREE PROGRAMS. (iii) CREATING AN ENHANCED ONLINE COMMUNICATION TOOL TO SHARE INFORMATION ABOUT POSTSECONDARY OPTIONS IN MICHIGAN, PARTICULARLY CLEARLY ARTICULATING TRANSFER PATHWAYS. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1083 (iv) ESTABLISHING CLEAR TIMELINES FOR FINALIZING TRANSFER PATHWAYS. SEC. 210E. BY FEBRUARY 1, 2017, THE MICHIGAN COMMUNITY COLLEGE ASSOCIATION, THE MICHIGAN ASSOCIATION OF STATE UNIVERSITIES, AND THE MICHIGAN INDEPENDENT COLLEGES AND UNIVERSITIES, ON BEHALF OF THEIR MEMBER COLLEGES AND UNIVERSITIES, SHALL SUBMIT TO THE SENATE AND HOUSE APPROPRIATIONS SUBCOMMITTEES ON HIGHER EDUCATION, THE SENATE AND HOUSE APPROPRIATIONS SUBCOMMITTEES ON COMMUNITY COLLEGES, THE SENATE AND HOUSE FISCAL AGENCIES, AND THE STATE BUDGET DIRECTOR A COMPREHENSIVE REPORT DETAILING THE NUMBER OF ACADEMIC PROGRAM PARTNERSHIPS BETWEEN PUBLIC COMMUNITY COLLEGES, PUBLIC UNIVERSITIES, AND PRIVATE COLLEGES AND UNIVERSITIES, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING INFORMATION: (A) THE NAMES OF THE BACCALAUREATE DEGREE PROGRAMS OF STUDY OFFERED BY PUBLIC AND PRIVATE UNIVERSITIES ON COMMUNITY COLLEGE CAMPUSES. (B) THE NAMES OF THE ARTICULATION AGREEMENTS FOR BACCALAUREATE DEGREE PROGRAMS OF STUDY BETWEEN PUBLIC COMMUNITY COLLEGES, PUBLIC UNIVERSITIES, AND PRIVATE COLLEGES AND UNIVERSITIES. (C) THE NUMBER OF STUDENTS ENROLLED AND NUMBER OF DEGREES AWARDED THROUGH ARTICULATION AGREEMENTS, AND THE NUMBER OF COURSES OFFERED, NUMBER OF STUDENTS ENROLLED, AND NUMBER OF DEGREES AWARDED THROUGH ON‑CAMPUS PROGRAMS NAMED IN SUBDIVISION (A) FROM JULY 1, 2015 THROUGH JUNE 30, 2016. Sec. 212. It is the intent of the legislature to encourage community COMMUNITY college districts ARE ENCOURAGED to evaluate and pursue efficiency and cost‑containment measures that maximize state funding. Community colleges shall identify practices that increase efficiencies, including, but not limited to, establishing joint ventures, consolidating services, utilizing program collaborations, maximizing educational benefits through optimal class sizes and frequency of course offerings, increasing web‑based instruction, eliminating low‑enrollment and high‑cost instructional programs, using self‑insurance, practicing energy conservation, and utilizing group purchasing. Community colleges shall also review proposed capital outlay projects to increase coordination and utilization of new facilities, renovation projects, and technology improvements. Sec. 217. (1) The workforce development agency CENTER shall do all of the following: (a) Establish, maintain, and coordinate the state community college database commonly known as the “activities classification structure” or “ACS” database. (b) Collect data concerning community colleges and community college programs in this state, including data required by law. (c) Establish procedures to ensure the validity and reliability of the data and the collection process. (d) Develop model data collection policies, including, but not limited to, policies that ensure the privacy of any individual student data. Privacy policies shall ensure that student social security numbers are not released to the public for any purpose. (e) Provide data in a useful manner to allow state policymakers and community college officials to make informed policy decisions. (f) Assist community colleges in complying with audits under this section or federal law. (2) There is created within the workforce development agency CENTER the activities classification structure advisory committee. The committee shall provide advice to the director of the workforce development agency CENTER regarding the management of the state community college database, including, but not limited to: (a) Determining what data are necessary to collect and maintain to enable state and community college officials to make informed policy decisions. (b) Defining the roles of all stakeholders in the data collection system. (c) Recommending timelines for the implementation and ongoing collection of data. (d) Establishing and maintaining data definitions, data transmission protocols, and system specifications and procedures for the efficient and accurate transmission and collection of data. (e) Establishing and maintaining a process for ensuring the accuracy of the data. (f) Establishing and maintaining policies related to data collection, including, but not limited to, privacy policies related to individual student data. (g) Ensuring that the data are made available to state policymakers and citizens of this state in the most useful format possible. (h) Addressing other matters as determined by the director of the workforce development agency OF THE CENTER or as required by law. (3) The activities classification structure advisory committee created in subsection (2) shall consist of the following members: (a) One representative from the house fiscal agency, appointed by the director of the house fiscal agency. (b) One representative from the senate fiscal agency, appointed by the director of the senate fiscal agency. (c) One representative from the workforce development agency, appointed by the director of the workforce development agency. 1084 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (D) ONE REPRESENTATIVE FROM THE CENTER APPOINTED BY THE DIRECTOR OF THE CENTER. (E) (d) One representative from the state budget office, appointed by the state budget director. (F) (e) One representative from the governor’s policy office, appointed by that office. (G) (f) Four representatives of the Michigan Community College Association, appointed by the president of the association. From the groupings of community colleges given in table 17 of the activities classification structure database described in subsection (1), the association shall appoint 1 representative each from group 1, group 2, and group 3, and 1 representative from either group 3 or 4. Sec. 219. By June 30 OCTOBER 15 of each year, each community college shall provide its longitudinal data system data set for the preceding academic year to the center for educational performance and information for inclusion in the statewide P‑20 education longitudinal data system described in section 94a. Sec. 220. (1) The auditor general or a certified public accountant appointed by the auditor general may conduct performance audits of community colleges as the auditor general considers necessary. (2) Within 60 days after an audit report is released by the office of the auditor general, the principal executive officer of the community college that was audited shall submit to the house and senate appropriations committees, the house and senate fiscal agencies, the workforce development agency, the auditor general, and the state budget director a plan to comply with audit recommendations. The plan shall contain projected dates and resources required, if any, to achieve compliance with the audit recommendations, or a documented explanation of the college’s noncompliance with the audit recommendations concerning the matters on which the audited community college and office of the auditor general disagree. Sec. 222. Each community college shall have an annual audit of all income and expenditures performed by an independent auditor and shall furnish the independent auditor’s management letter and an annual audited accounting of all general and current funds income and expenditures including audits of college foundations to the members of the senate and house appropriations subcommittees on community colleges, the senate and house fiscal agencies, the auditor general, the workforce development agency, THE CENTER, and the state budget director before November 15 of each year. If a community college fails to furnish the audit materials, the monthly state aid installments shall be withheld from that college until the information is submitted. All reporting shall conform to the requirements set forth in the “2001 Manual for Uniform Financial Reporting, Michigan Public Community Colleges”. A community college shall make the information the community college is required to provide under this section available to the public on its website. Sec. 223. Each community college shall report the following to the workforce development agency no later than November 1 of each year: (a) The number of North American Indian students enrolled each term for the previous fiscal year, using guidelines and procedures developed by the workforce development agency and the department of civil rights. (b) The number of North American Indian tuition waivers granted each term, and the monetary value of the waivers for the previous fiscal year. (1) BY FEBRUARY 15 OF EACH YEAR, THE DEPARTMENT OF CIVIL RIGHTS SHALL ANNUALLY SUBMIT TO THE STATE BUDGET DIRECTOR, THE HOUSE AND SENATE APPROPRIATIONS SUBCOMMITTEES ON COMMUNITY COLLEGES, AND THE HOUSE AND SENATE FISCAL AGENCIES A REPORT ON NORTH AMERICAN INDIAN TUITION WAIVERS FOR THE PRECEDING FISCAL YEAR THAT INCLUDES, BUT IS NOT LIMITED TO, ALL OF THE FOLLOWING INFORMATION: (A) THE NUMBER OF WAIVER APPLICATIONS RECEIVED AND THE NUMBER OF WAIVER APPLICATIONS APPROVED. (B) FOR EACH COMMUNITY COLLEGE SUBMITTING INFORMATION UNDER SUBSECTION (2), ALL OF THE FOLLOWING: (i) THE NUMBER OF NORTH AMERICAN INDIAN STUDENTS ENROLLED EACH TERM FOR THE PREVIOUS FISCAL YEAR. (ii) THE NUMBER OF NORTH AMERICAN INDIAN WAIVERS GRANTED EACH TERM AND THE MONETARY VALUE OF THE WAIVERS FOR THE PREVIOUS FISCAL YEAR. (iii) THE NUMBER OF STUDENTS ATTENDING UNDER A NORTH AMERICAN INDIAN TUITION WAIVER WHO WITHDREW FROM THE COLLEGE DURING THE PREVIOUS FISCAL YEAR. (iv) THE NUMBER OF STUDENTS ATTENDING UNDER A NORTH AMERICAN INDIAN TUITION WAIVER WHO SUCCESSFULLY COMPLETE A DEGREE OR CERTIFICATE PROGRAM, SEPARATED BY DEGREE OR CERTIFICATE LEVEL, AND THE GRADUATION RATE FOR STUDENTS ATTENDING UNDER A NORTH AMERICAN INDIAN TUITION WAIVER WHO COMPLETE A DEGREE WITHIN 150% OF THE NORMAL TIME TO COMPLETE, SEPARATED BY THE LEVEL OF THE DEGREE. (2) A COMMUNITY COLLEGE THAT RECEIVES FUNDS UNDER SECTION 201 SHALL PROVIDE TO THE DEPARTMENT OF CIVIL RIGHTS ANY INFORMATION NECESSARY FOR PREPARING THE REPORT DESCRIBED IN SUBSECTION (1), USING GUIDELINES AND PROCEDURES DEVELOPED BY THE DEPARTMENT OF CIVIL RIGHTS. (3) THE DEPARTMENT OF CIVIL RIGHTS MAY CONSOLIDATE THE REPORT REQUIRED UNDER THIS SECTION WITH THE REPORT REQUIRED UNDER SECTION 268, BUT A CONSOLIDATED REPORT MUST SEPARATELY IDENTIFY DATA FOR UNIVERSITIES AND DATA FOR COMMUNITY COLLEGES. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1085 Sec. 224. A community college shall use the P‑20 longitudinal data system to inform interested Michigan high schools and the public of the aggregate academic status of its students for the previous academic year, in a manner prescribed by the Michigan community college association COMMUNITY COLLEGE ASSOCIATION and in cooperation with the Michigan association of secondary school principals. ASSOCIATION OF SECONDARY SCHOOL PRINCIPALS. Community colleges shall cooperate with the center for educational performance and information to maintain a systematic approach for accomplishing this work. Sec. 225. Each community college shall report to the house and senate fiscal agencies, the state budget director, and the workforce development agency CENTER by August 31, 2015, 2016, the tuition and mandatory fees paid by a full‑time in‑district student and a full‑time out‑of‑district student as established by the college governing board for the 2015‑2016 2016‑2017 academic year. This report should also include the annual cost of attendance based on a full‑time course load of 30 credits. Each community college shall also report any revisions to the reported 2015‑2016 2016‑2017 academic year tuition and mandatory fees adopted by the college governing board to the house and senate fiscal agencies, the state budget director, and the workforce development agency CENTER within 15 days of being adopted. Sec. 226. Each community college shall report to the workforce development agency CENTER the numbers and type of associate degrees and other certificates awarded during the previous fiscal year. The report shall be made not later than November 15 of each year. Community colleges shall work with the workforce development agency and the center for educational performance and information to develop a systematic approach for meeting this requirement. Sec. 229a. Included in the fiscal year 2015‑2016 2016‑2017 appropriations for the department of technology, management, and budget are appropriations totaling $29,479,600.00 $30,879,600.00 to provide funding for the state share of costs for previously constructed capital projects for community colleges. Those appropriations for state building authority rent represent additional state general fund support for community colleges, and the following is an estimate of the amount of that support to each community college: (a) Alpena Community College, $652,700.00.$632,500.00. (b) Bay de Noc Community College, $685,900.00.$685,100.00. (c) Delta College, $3,510,900.00.$3,360,600.00. (d) Glen Oaks Community College, $123,100.00.$124,500.00. (e) Gogebic Community College, $67,600.00.$56,700.00. (f) Grand Rapids Community College, $2,126,000.00.$2,083,500.00. (g) Henry Ford College, $1,028,500.00.$1,040,300.00. (h) Jackson College, $1,677,800.00.$2,273,800.00. (i) Kalamazoo Valley Community College, $1,557,700.00.$2,030,900.00. (j) Kellogg Community College, $520,200.00.$526,200.00. (k) Kirtland Community College, $363,200.00.$367,300.00. (l) Lake Michigan College, $340,200.00.$344,100.00. (m) Lansing Community College, $1,282,200.00.$1,154,600.00. (n) Macomb Community College, $1,377,400.00.$1,715,700.00. (o) Mid Michigan Community College, $1,712,600.00.$1,634,300.00. (p) Monroe County Community College, $1,263,600.00.$1,278,100.00. (q) Montcalm Community College, $971,500.00.$982,600.00. (r) C.S. Mott Community College, $1,803,900.00.$1,497,600.00. (s) Muskegon Community College, $267,800.00.$623,500.00. (t) North Central Michigan College, $469,400.00.$417,900.00. (u) Northwestern Michigan College, $1,305,600.00.$1,320,600.00. (v) Oakland Community College, $465,200.00.$470,500.00. (w) St. Clair County Community College, $356,200.00. (W) (x) Schoolcraft College, $1,546,700.00.$1,564,400.00. (X) (y) Southwestern Michigan College, $286,900.00.$574,800.00. (Y) ST. CLAIR COUNTY COMMUNITY COLLEGE, $360,200.00. (z) Washtenaw Community College, $1,676,800.00.$1,696,000.00. (aa) Wayne County Community College, $1,462,700.00.$1,479,400.00. (bb) West Shore Community College, $577,300.00.$583,900.00. Sec. 230. (1) Money included in the appropriations for community college operations under section 201(2) in fiscal year 2015‑2016 2016‑2017 for performance funding is distributed based on the following formula: (a) Allocated proportionate to fiscal year 2014‑2015 2015‑2016 base appropriations, 50%.30%. (b) Based on contact hour equated students, 10%.A WEIGHTED STUDENT CONTACT HOUR FORMULA AS PROVIDED FOR IN THE 2016 RECOMMENDATIONS OF THE PERFORMANCE INDICATORS TASK FORCE, 30%. (c) Based on administrative costs, 7.5%.THE PERFORMANCE IMPROVEMENT AS PROVIDED FOR IN THE 2016 RECOMMENDATIONS OF THE PERFORMANCE INDICATORS TASK FORCE, 10%. 1086 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (d) Based on a weighted degree formula as provided for in the 2006 recommendations of the performance indicators task force, 17.5%.THE PERFORMANCE COMPLETION NUMBER AS PROVIDED FOR IN THE 2016 RECOMMENDATIONS OF THE PERFORMANCE INDICATORS TASK FORCE, 10%. (e) Based on the local strategic value component, as developed in cooperation with the Michigan Community College Association and described in subsection (2), 15%.THE PERFORMANCE COMPLETION RATE AS PROVIDED FOR IN THE 2016 RECOMMENDATIONS OF THE PERFORMANCE INDICATORS TASK FORCE, 10%. (F) BASED ON ADMINISTRATIVE COSTS, 5%. (G) BASED ON THE LOCAL STRATEGIC VALUE COMPONENT, AS DEVELOPED IN COOPERATION WITH THE MICHIGAN COMMUNITY COLLEGE ASSOCIATION AND DESCRIBED IN SUBSECTION (2), 5%. (2) Money included in the appropriations for community college operations under section 201(2) for local strategic value shall be allocated to each community college that certifies to the state budget director, through a board of trustees resolution on or before October 15, 2015, 2016, that the college has met 4 out of 5 best practices listed in each category described in subsection (3). The resolution shall provide specifics as to how the community college meets each best practice measure within each category. One‑third of funding available under the strategic value component shall be allocated to each category described in subsection (3). Amounts distributed under local strategic value shall be on a proportionate basis to each college’s fiscal year 2014‑2015 2015‑2016 operations funding. Payments to community colleges that qualify for local strategic value funding shall be distributed with the November installment payment described in section 206. (3) For purposes of subsection (2), the following categories of best practices reflect functional activities of community colleges that have strategic value to the local communities and regional economies: (a) For Category A, economic development and business or industry partnerships, the following: (i) The community college has active partnerships with local employers including hospitals and health care providers. (ii) The community college provides customized on‑site training for area companies, employees, or both. (iii) The community college supports entrepreneurship through a small business assistance center or other training or consulting activities targeted toward small businesses. (iv) The community college supports technological advancement through industry partnerships, incubation activities, or operation of a Michigan technical education center or other advanced technology center. (v) The community college has active partnerships with local or regional workforce and economic development agencies. (b) For Category B, educational partnerships, the following: (i) The community college has active partnerships with regional high schools, intermediate school districts, and career‑tech centers to provide instruction through dual enrollment, concurrent enrollment, direct credit, middle college, or academy programs. (ii) The community college hosts, sponsors, or participates in enrichment programs for area K‑12 students, such as college days, summer or after‑school programming, or science SCIENCE Olympiad. (iii) The community college provides, supports, or participates in programming to promote successful transitions to college for traditional age students, including grant programs such as talent search, upward bound, or other activities to promote college readiness in area high schools and community centers. (iv) The community college provides, supports, or participates in programming to promote successful transitions to college for new or reentering adult students, such as adult basic education, a high school equivalency test preparation program and testing, or recruiting, advising, or orientation activities specific to adults. As used in this subparagraph, “high school equivalency test preparation program” means that term as defined in section 4. (v) The community college has active partnerships with regional 4‑year colleges and universities to promote successful transfer, such as articulation, 2+2, or reverse transfer agreements or operation of a university center. (c) For Category C, community services, the following: (i) The community college provides continuing education programming for leisure, wellness, personal enrichment, or professional development. (ii) The community college operates or sponsors opportunities for community members to engage in activities that promote leisure, wellness, cultural or personal enrichment such as community sports teams, theater or musical ensembles, or artist guilds. (iii) The community college operates public facilities to promote cultural, educational, or personal enrichment for community members, such as libraries, computer labs, performing arts centers, museums, art galleries, or television or radio stations. (iv) The community college operates public facilities to promote leisure or wellness activities for community members, including gymnasiums, athletic fields, tennis courts, fitness centers, hiking or biking trails, or natural areas. (v) The community college promotes, sponsors, or hosts community service activities for students, staff, or community members. (4) Payments for performance funding under section 201(2) shall be made to a community college only if that community college actively participates in the Michigan transfer network TRANSFER NETWORK sponsored by the Michigan Association of Collegiate Registrars and Admissions Officers and submits timely updates, including updated course equivalencies at least every 6 months, to the Michigan transfer network. The state budget director shall determine if a community college has not satisfied this requirement. The state budget director may withhold payments for performance funding until a community college is in compliance with this section. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1087 Sec. 236. (1) Subject to the conditions set forth in this article, the amounts listed in this section are appropriated for higher education for the fiscal year ending September 30, 2016, 2017, from the funds indicated in this section. The following is a summary of the appropriations in this section: (a) The gross appropriation is $1,534,724,400.00. $1,582,640,400.00. After deducting total interdepartmental grants and intradepartmental transfers in the amount of $0.00, the adjusted gross appropriation is $1,534,724,400.00.$1,582,640,400.00. (b) The sources of the adjusted gross appropriation described in subdivision (a) are as follows: (i) Total federal revenues, $97,026,400.00.$101,526,400.00. (ii) Total local revenues, $0.00. (iii) Total private revenues, $0.00. (iv) Total other state restricted revenues, $205,279,500.00.$237,209,500.00. (v) State general fund/general purpose money, $1,232,418,500.00.$1,243,904,500.00. (2) Amounts appropriated for public universities are as follows: (a) The appropriation for Central Michigan University is $80,904,400.00, $79,164,800.00 for operations and $1,739,600.00 for performance funding.$83,925,500.00, $81,127,100.00 FOR OPERATIONS AND $2,798,400.00 FOR PERFORMANCE FUNDING. (b) The appropriation for Eastern Michigan University is $72,835,300.00, $71,782,500.00 for operations and $1,052,800.00 for performance funding.$73,593,800.00, $71,782,500.00 FOR OPERATIONS AND $1,811,300.00 FOR PERFORMANCE FUNDING. (c) The appropriation for Ferris State University is $50,227,800.00, $49,119,100.00 for operations and $1,108,700.00 for performance funding.$52,259,900.00, $50,369,800.00 FOR OPERATIONS AND $1,890,100.00 FOR PERFORMANCE FUNDING. (d) The appropriation for Grand Valley State University is $65,035,200.00, $63,156,500.00 for operations and $1,878,700.00 for performance funding.$68,227,900.00, $65,275,700.00 FOR OPERATIONS AND $2,952,200.00 FOR PERFORMANCE FUNDING. (e) The appropriation for Lake Superior State University is $13,183,600.00, $12,997,500.00 for operations and $186,100.00 for performance funding.$13,567,400.00, $13,207,400.00 FOR OPERATIONS AND $360,000.00 FOR PERFORMANCE FUNDING. (f) The appropriation for Michigan State University is $328,782,000.00, $264,437,900.00 for operations, $3,841,000.00 for performance funding, $32,508,300.00 for MSU AgBioResearch, and $27,994,800.00 for MSU Extension.$337,777,800.00, $268,770,700.00 FOR OPERATIONS, $7,091,400.00 FOR PERFORMANCE FUNDING, $33,243,100.00 FOR MSU AGBIORESEARCH, AND $28,672,600.00 FOR MSU EXTENSION. (g) The appropriation for Michigan Technological University is $46,662,000.00, $45,938,000.00 for operations and $724,000.00 for performance funding.$48,097,500.00, $46,754,700.00 FOR OPERATIONS AND $1,342,800.00 FOR PERFORMANCE FUNDING. (h) The appropriation for Northern Michigan University is $45,020,400.00, $44,338,300.00 for operations and $682,100.00 for performance funding.$46,279,200.00, $45,107,700.00 FOR OPERATIONS AND $1,171,500.00 FOR PERFORMANCE FUNDING. (i) The appropriation for Oakland University is $49,600,300.00, $48,371,900.00 for operations and $1,228,400.00 for performance funding.$49,920,700.00, $48,371,900.00 FOR OPERATIONS AND $1,548,800.00 FOR PERFORMANCE FUNDING. (j) The appropriation for Saginaw Valley State University is $28,117,700.00, $27,621,600.00 for operations and $496,100.00 for performance funding.$29,114,000.00, $28,181,200.00 FOR OPERATIONS AND $932,800.00 FOR PERFORMANCE FUNDING. (k) The appropriation for University of Michigan – Ann Arbor is $299,430,600.00, $295,178,500.00 for operations and $4,252,100.00 for performance funding.$308,639,000.00, $299,975,000.00 FOR OPERATIONS AND $8,664,000.00 FOR PERFORMANCE FUNDING. (l) The appropriation for University of Michigan – Dearborn is $23,995,400.00, $23,701,000.00 for operations and $294,400.00 for performance funding.$24,803,300.00, $24,033,100.00 FOR OPERATIONS AND $770,200.00 FOR PERFORMANCE FUNDING. (m) The appropriation for University of Michigan – Flint is $21,763,700.00, $21,359,600.00 for operations and $404,100.00 for performance funding.$22,549,300.00, $21,815,400.00 FOR OPERATIONS AND $733,900.00 FOR PERFORMANCE FUNDING. (n) The appropriation for Wayne State University is $191,346,700.00, $190,529,900.00 for operations and $816,800.00 for performance funding.$196,064,500.00, $191,451,300.00 FOR OPERATIONS AND $4,613,200.00 FOR PERFORMANCE FUNDING. (o) The appropriation for Western Michigan University is $104,155,600.00, $102,761,100.00 for operations and $1,394,500.00 for performance funding.$107,440,900.00, $104,334,100.00 FOR OPERATIONS AND $3,106,800.00 FOR PERFORMANCE FUNDING. 1088 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (3) The amount appropriated in subsection (2) for public universities is appropriated from the following: (a) State school aid fund, $200,019,500.00.$231,219,500.00. (b) State general fund/general purpose money, $1,221,041,200.00.$1,231,041,200.00. (4) The amount appropriated for Michigan public school employees’ retirement system reimbursement is $5,160,000.00, $5,890,000.00, appropriated from the state school aid fund. (5) The amount appropriated for state and regional programs is $315,000.00, appropriated from general fund/general purpose money and allocated as follows: (a) Higher education database modernization and conversion, $200,000.00. (b) Midwestern Higher Education Compact, $115,000.00. (6) The amount appropriated for the Martin Luther King, Jr. ‑ Cesar Chavez ‑ Rosa Parks program is $2,691,500.00, appropriated from general fund/general purpose money and allocated as follows: (a) Select student support services, $1,956,100.00. (b) Michigan college/university partnership program, $586,800.00. (c) Morris Hood, Jr. educator development program, $148,600.00. (7) Subject to subsection (8), the amount appropriated for grants and financial aid is $105,497,200.00, $110,983,200.00, allocated as follows: (a) State competitive scholarships, $18,361,700.00. (b) Tuition grants, $34,035,500.00.$35,021,500.00. (c) Tuition incentive program, $48,500,000.00.$53,000,000.00. (d) Children of veterans and officer’s survivor tuition grant programs, $1,400,000.00. (e) Project GEAR‑UP, $3,200,000.00. (8) The money appropriated in subsection (7) for grants and financial aid is appropriated from the following: (a) Federal revenues under the United States Department of Education, Office of Elementary and Secondary Education, GEAR‑UP program, $3,200,000.00. (b) Federal revenues under the social security act, temporary assistance for needy families, $93,826,400.00.$98,326,400.00. (c) Contributions to children of veterans tuition grant program, $100,000.00. (d) State general fund/general purpose money, $8,370,800.00.$9,356,800.00. (9) FOR FISCAL YEAR 2016‑2017 ONLY, $500,000.00 IS APPROPRIATED FOR THE MICHIGAN STATE UNIVERSITY DIAGNOSTIC CENTER FOR POPULATION AND ANIMAL HEALTH, APPROPRIATED FROM STATE GENERAL FUND/GENERAL PURPOSE MONEY. Sec. 236a. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2017 2018 for the items listed in section 236. The fiscal year 2016‑2017 2017‑2018 appropriations are anticipated to be the same as those for fiscal year 2015‑2016, 2016‑2017, except that the amounts will be adjusted for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2016 2017 consensus revenue estimating conference. Sec. 236b. In addition to the funds appropriated in section 236, there is appropriated for grants and financial aid in fiscal year 2015‑2016 2016‑2017 an amount not to exceed $6,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393, for another purpose under this article. Sec. 236c. In addition to the funds appropriated for fiscal year 2015‑2016 2016‑2017 in section 236, appropriations to the department of technology, management, and budget in the act providing general appropriations for fiscal year 2015‑2016 2016‑2017 for state building authority rent, totaling an estimated $135,995,300.00, $144,995,300.00, provide funding for the state share of costs for previously constructed capital projects for state universities. These appropriations for state building authority rent represent additional state general fund support provided to public universities, and the following is an estimate of the amount of that support to each university: (a) Central Michigan University, $9,551,800.00.$11,819,500.00. (b) Eastern Michigan University, $4,860,900.00.$4,868,000.00. (c) Ferris State University, $6,251,200.00.$6,260,300.00. (d) Grand Valley State University, $6,952,300.00.$6,635,900.00. (e) Lake Superior State University, $1,720,300.00.$1,722,800.00. (f) Michigan State University, $16,549,200.00.$18,827,000.00. (g) Michigan Technological University, $7,443,400.00.$6,793,200.00. (h) Northern Michigan University, $9,706,200.00.$9,447,600.00. (i) Oakland University, $12,993,400.00.$12,685,900.00. (j) Saginaw Valley State University, $9,865,800.00.$10,331,000.00. (k) University of Michigan ‑ Ann Arbor, $9,607,800.00.$11,875,600.00. (l) University of Michigan ‑ Dearborn, $6,745,200.00.$9,008,800.00. (m) University of Michigan ‑ Flint, $3,104,000.00.$4,357,600.00. (n) Wayne State University, $15,703,000.00.$15,399,400.00. (o) Western Michigan University, $14,940,800.00.$14,962,700.00. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1089 SEC. 236D. (1) SUBJECT TO THE CONDITIONS SET FORTH IN THIS ARTICLE AND IN ADDITION TO THE AMOUNTS APPROPRIATED IN SECTION 236, THERE IS APPROPRIATED $4,500,000.00 FOR HIGHER EDUCATION TO INCREASE THE ALLOCATION FOR THE TUITION INCENTIVE PROGRAM FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2016. THE SUMMARY OF APPROPRIATIONS IN SECTION 236(1)(A) AND (B) FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2016 IS ACCORDINGLY REVISED AS FOLLOWS: (A) THE GROSS APPROPRIATION IS $1,539,224,400.00. AFTER DEDUCTING TOTAL INTERDEPARTMENTAL GRANTS AND INTRADEPARTMENTAL TRANSFERS IN THE AMOUNT OF $0.00, THE ADJUSTED GROSS APPROPRIATION IS $1,539,224,400.00. (B) THE SOURCES OF THE ADJUSTED GROSS APPROPRIATION DESCRIBED IN SUBDIVISION (A) ARE AS FOLLOWS: (i) TOTAL FEDERAL REVENUES, $101,526,400.00. (ii) TOTAL LOCAL REVENUES, $0.00. (iii) TOTAL PRIVATE REVENUES, $0.00. (iv) TOTAL OTHER STATE RESTRICTED REVENUES, $205,279,500.00. (v) STATE GENERAL FUND/GENERAL PURPOSE MONEY, $1,232,418,500.00. (2) AS A RESULT OF THE APPROPRIATION IN SUBSECTION (1), THE AMOUNT APPROPRIATED FOR GRANTS AND FINANCIAL AID FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2016 IN SECTION 236(7) IS INCREASED TO $109,997,200.00, AND THE ALLOCATION FOR THE TUITION INCENTIVE PROGRAM IN SECTION 236(7)(C) FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2016 IS INCREASED TO $53,000,000.00. (3) THE MONEY APPROPRIATED FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2016 IN SECTION 236(7) FOR GRANTS AND FINANCIAL AID, AS REVISED IN SUBSECTION (2), IS APPROPRIATED BY INCREASING THE APPROPRIATION FROM FEDERAL REVENUES UNDER THE SOCIAL SECURITY ACT, TEMPORARY ASSISTANCE FOR NEEDY FAMILIES, TO $98,326,400.00. Sec. 237b. As used in this article, the term “workforce development agency” means the workforce development agency of the Michigan strategic fund.WITHIN THE DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT‑‑TALENT INVESTMENT AGENCY. Sec. 241. (1) Subject to sections 244 and 265a, the funds appropriated in section 236 to public universities shall be paid out of the state treasury and distributed by the state treasurer to the respective institutions in 11 equal monthly installments on the sixteenth of each month, or the next succeeding business day, beginning with October 16, 2015. 2016. Except for Wayne State University, each institution shall accrue its July and August 2016 2017 payments to its institutional fiscal year ending June 30, 2016.2017. (2) All public universities shall submit higher education institutional data inventory (HEIDI) data and associated financial and program information requested by and in a manner prescribed by the state budget director. For public universities with fiscal years ending June 30, 2015, 2016, these data shall be submitted to the state budget director by October 15, 2015. 2016. Public universities with a fiscal year ending September 30, 2015 2016 shall submit preliminary HEIDI data by November 15, 2015 2016 and final data by December 15, 2015. 2016. If a public university fails to submit HEIDI data and associated financial aid program information in accordance with this reporting schedule, the state treasurer may withhold the monthly installments under subsection (1) to the public university until those data are submitted. Sec. 246. (1) All of the following apply to the allocation of the fiscal year 2015‑2016 appropriations described in section 236(4) for payments to universities that are participating entities of the Michigan public school employees’ retirement system: (a) The funds appropriated in section 236(4) for Michigan public school employees’ retirement system reimbursement shall be allocated to each participating public university under this section based on each participating public university’s percentage of the total combined payrolls of the universities’ employees who are members of the retirement system and who were hired before January 1, 1996 and the universities’ employees who would have been members of the retirement system on or after January 1, 1996, but for the enactment of 1995 PA 272 for all public universities that are participating public universities for the immediately preceding state fiscal year. (b) The amount of a payment under section 236(4) shall be equal to the difference between the unfunded actuarial accrued liability contribution rate for university reporting units as calculated under section 41 of the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341, as calculated without taking into account the maximum employer rate of 25.73% included in section 41 of the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341, and the maximum employer rate for university reporting units of 25.73% under section 41 of the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1341. Payments shall be made in a form and manner determined by the office of retirement services. (c) A public university that receives money under section 236(4) shall use that money solely for the purpose of retirement contributions. Each participating university that receives funds under section 236(4) shall forward an amount equal to the amount received under section 236(4) to the Michigan public school employees’ retirement system in a form and manner determined by the office of retirement services. (2) As used in this section, “participating public university” means a public university that is a reporting unit of the Michigan public school employees’ retirement system under the public school employees retirement act of 1979, 1980 PA 300, MCL 38.1301 to 38.1437, and that pays contributions to the Michigan public school employees’ retirement system for the state fiscal year. 1090 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Sec. 251. (1) Payments of the amounts included in section 236 for the state competitive scholarship program shall be distributed pursuant to 1964 PA 208, MCL 390.971 to 390.981. (2) Pursuant to section 6 of 1964 PA 208, MCL 390.976, the department of treasury shall determine an actual maximum state competitive scholarship award per student, which shall be not less than $575.00, that ensures that the aggregate payments for the state competitive scholarship program do not exceed the appropriation contained in section 236 for the state competitive scholarship program. If the department determines that insufficient funds are available to establish a maximum award amount equal to at least $575.00, the department shall immediately report to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director regarding the estimated amount of additional funds necessary to establish a $575.00 maximum award amount. (3) The department of treasury shall implement a proportional competitive scholarship maximum award level for recipients enrolled less than full‑time in a given semester or term. (4) If a student who receives an award under this section has his or her tuition and fees paid under the Michigan educational trust program, pursuant to the Michigan education trust act, 1986 PA 316, MCL 390.1421 to 390.1442, and still has financial need, the funds awarded under this section may be used for educational expenses other than tuition and fees. (5) If the department of treasury increases the maximum award per eligible student from that provided in the previous fiscal year, it shall not have the effect of reducing the number of eligible students receiving awards in relation to the total number of eligible applicants. Any increase in the maximum grant shall be proportional for all eligible students receiving awards. (6) Veterans administration ADMINISTRATION benefits shall not be considered in determining eligibility for the award of scholarships under 1964 PA 208, MCL 390.971 to 390.981. Sec. 252. (1) The amounts appropriated in section 236 for the state tuition grant program shall be distributed pursuant to 1966 PA 313, MCL 390.991 to 390.997a. (2) Tuition grant awards shall be made to all eligible Michigan residents enrolled in undergraduate degree programs who are qualified and who apply before July 1 of each year for the next academic year. (3) Pursuant to section 5 of 1966 PA 313, MCL 390.995, and subject to subsections (7) and (8), the department of treasury shall determine an actual maximum tuition grant award per student, which shall be no less than $1,512.00, that ensures that the aggregate payments for the tuition grant program do not exceed the appropriation contained in section 236 for the state tuition grant program. If the department determines that insufficient funds are available to establish a maximum award amount equal to at least $1,512.00, the department shall immediately report to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director regarding the estimated amount of additional funds necessary to establish a $1,512.00 maximum award amount. If the department determines that sufficient funds are available to establish a maximum award amount equal to at least $1,512.00, the department shall immediately report to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director regarding the maximum award amount established and the projected amount of any projected year‑end appropriation balance based on that maximum award amount. By February 18 of each fiscal year, the department shall analyze the status of award commitments, shall make any necessary adjustments, and shall confirm that those award commitments will not exceed the appropriation contained in section 236 for the tuition grant program. The determination and actions shall be reported to the state budget director and the house and senate fiscal agencies no later than the final day of February of each year. If award adjustments are necessary, the students shall be notified of the adjustment by March 4 of each year. (4) Any unexpended and unencumbered funds remaining on September 30, 2016 2017 from the amounts appropriated in section 236 for the tuition grant program for fiscal year 2015‑2016 2016‑2017 shall not lapse on September 30, 2016, 2017, but shall continue to be available for expenditure for tuition grants provided in the 2016‑2017 2017‑2018 fiscal year under a work project account. The use of these unexpended fiscal year 2015‑2016 2016‑2017 funds shall terminate at the end of the 2016‑2017 2017‑2018 fiscal year. (5) The department of treasury shall continue a proportional tuition grant maximum award level for recipients enrolled less than full‑time in a given semester or term. (6) If the department of treasury increases the maximum award per eligible student from that provided in the previous fiscal year, it shall not have the effect of reducing the number of eligible students receiving awards in relation to the total number of eligible applicants. Any increase in the maximum grant shall be proportional for all eligible students receiving awards for that fiscal year. (7) Except as provided in subsection (4), the department of treasury shall not award more than $3,200,000.00 in tuition grants to eligible students enrolled in the same independent nonprofit college or university in this state. Any decrease in the maximum grant shall be proportional for all eligible students enrolled in that college or university, as determined by the department. (8) The department of treasury shall not award tuition grants to otherwise eligible students enrolled in an independent college or university that does not report, in a form and manner directed by and satisfactory to the department of treasury, by September 30 of each year, all of the following: (a) The number of students in the most recently completed academic year who in any academic year received a state tuition grant at the reporting institution and successfully completed a program or graduated. (b) The number of students in the most recently completed academic year who in any academic year received a state tuition grant at the reporting institution and took a remedial education class. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1091 (c) The number of students in the most recently completed academic year who in any academic year received a Pell grant at the reporting institution and successfully completed a program or graduated. (9) By February 1, 2016, 2017, each independent college and university participating in the tuition grant program shall report to the senate and house appropriations subcommittees on higher education, the senate and house fiscal agencies, and the state budget director on its efforts to develop and implement sexual assault response training for the institution’s title IX coordinator, campus law enforcement personnel, campus public safety personnel, and any other campus personnel charged with responding to on‑campus incidents, including information on sexual assault response training materials and the status of implementing sexual assault response training for institutional personnel. Sec. 254. The sums appropriated in section 236 for the state competitive scholarship, tuition incentive, and tuition grant programs shall be paid out of the state treasury and shall be distributed to the respective institutions under a quarterly payment system as follows: (A) FOR THE STATE COMPETITIVE SCHOLARSHIP AND TUITION GRANT PROGRAMS, 50% shall be paid at the beginning of the state’s first fiscal quarter, 30% during the state’s second fiscal quarter, 10% during the state’s third fiscal quarter, and 10% during the state’s fourth fiscal quarter. (B) FOR THE TUITION INCENTIVE PROGRAM, 55% SHALL BE PAID AT THE BEGINNING OF THE STATE’S FIRST FISCAL QUARTER, 40% DURING THE STATE’S SECOND FISCAL QUARTER, AND 5% DURING THE STATE’S THIRD FISCAL QUARTER. Sec. 256. (1) The funds appropriated in section 236 for the tuition incentive program shall be distributed as provided in this section and pursuant to the administrative procedures for the tuition incentive program of the department of treasury. (2) As used in this section: (a) “Phase I” means the first part of the tuition incentive assistance program defined as the academic period of 80 semester or 120 term credits, or less, leading to an associate degree or certificate. (b) “Phase II” means the second part of the tuition incentive assistance program which provides assistance in the third and fourth year of 4‑year degree programs. (c) “Department” means the department of treasury. (d) “High school equivalency certificate” means that term as defined in section 4. (3) An individual shall meet the following basic criteria and financial thresholds to be eligible for tuition incentive PROGRAM benefits: (a) To be eligible for phase I, an individual shall meet all of the following criteria: (i) Apply for certification to the department any time after he or she begins the sixth grade but before August 31 of the school year in which he or she graduates from high school or before achieving a high school equivalency certificate. (ii) Be less than 20 years of age at the time he or she graduates from high school with a diploma or certificate of completion or achieves a high school equivalency certificate. (iii) Be a United States citizen and a resident of Michigan according to institutional criteria. (iv) Be at least a half‑time student, earning less than 80 semester or 120 term credits at a participating educational institution within 4 years of high school graduation or achievement of a high school equivalency certificate. (v) Request information on filing a FAFSA. (vi) Must meet MEET the satisfactory academic progress policy of the educational institution he or she attends. (b) To be eligible for phase II, an individual shall meet either of the following criteria in addition to the criteria in subdivision (a): (i) Complete at least 56 transferable semester or 84 transferable term credits. (ii) Obtain an associate degree or certificate at a participating institution. (c) To be eligible for phase I or phase II, an individual must not be incarcerated and must be financially eligible as determined by the department. An individual is financially eligible for the tuition incentive program if he or she was eligible for Medicaid from the state of Michigan for 24 months within the 36 CONSECUTIVE months before application. The department shall accept certification of Medicaid eligibility only from the department of health and human services for the purposes of verifying if a person is Medicaid eligible for 24 months within the 36 CONSECUTIVE months before application. Certification of eligibility may begin in the sixth grade. As used in this subdivision, “incarcerated” does not include detention of a juvenile in a state‑operated or privately operated juvenile detention facility. (4) BEGINNING IN FISCAL YEAR 2017‑2018, THE DEPARTMENT SHALL NOT AWARD MORE THAN $8,500,000.00 ANNUALLY IN TUITION INCENTIVE PROGRAM FUNDS TO ELIGIBLE STUDENTS ENROLLED IN THE SAME COLLEGE OR UNIVERSITY IN THIS STATE. (5) (4) For phase I, the department shall provide payment on behalf of a person eligible under subsection (3). The department shall reject billings that are excessive or outside the guidelines for the type of educational institution. (6) (5) For phase I, all of the following apply: (a) Payments for associate degree or certificate programs shall not be made for more than 80 semester or 120 term credits for any individual student at any participating institution. (b) For persons enrolled at a Michigan community college, the department shall pay the current in‑district tuition and mandatory fees. For persons residing in an area that is not included in any community college district, the out‑of‑district tuition rate may be authorized. 1092 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (c) For persons enrolled at a Michigan public university, the department shall pay lower division resident tuition and mandatory fees for the current year. (d) For persons enrolled at a Michigan independent, nonprofit degree‑granting college or university, or a Michigan federal tribally controlled community college, or Focus: HOPE, the department shall pay mandatory fees for the current year and a per‑credit payment that does not exceed the average community college in‑district per‑credit tuition rate as reported on August 1, for the immediately preceding academic year. (7) (6) A person participating in phase II may be eligible for additional funds not to exceed $500.00 per semester or $400.00 per term up to a maximum of $2,000.00 subject to the following conditions: (a) Credits are earned in a 4‑year program at a Michigan degree‑granting 4‑year college or university. (b) The tuition reimbursement is for coursework completed within 30 months of completion of the phase I requirements. (8) (7) The department shall work closely with participating institutions to develop an application and eligibility determination process that will provide the highest level of participation and ensure that all requirements of the program are met. (9) (8) Applications for the tuition incentive program may be approved at any time after the student begins the sixth grade. If a determination of financial eligibility is made, that determination is valid as long as the student meets all other program requirements and conditions. (10) (9) Each institution shall ensure that all known available restricted grants for tuition and fees are used prior to billing the tuition incentive program for any portion of a student’s tuition and fees. (11) (10) The department shall ensure that the tuition incentive program is well publicized and that eligible Medicaid clients are provided information on the program. The department shall provide the necessary funding and staff to fully operate the program. Sec. 263. (1) Included in the appropriation in section 236 for fiscal year 2015‑2016 2016‑2017 for MSU AgBioResearch is $2,982,900.00 and included in the appropriation in section 236 for MSU Extension is $2,645,200.00 for Project GREEEN. Project GREEEN is intended to address critical regulatory, food safety, economic, and environmental problems faced by this state’s plant‑based agriculture, forestry, and processing industries. “GREEEN” is an acronym for Generating Research and Extension to Meet Environmental and Economic Needs. (2) The department of agriculture and rural development and Michigan State University, in consultation with agricultural commodity groups and other interested parties, shall develop Project GREEEN and its program priorities. Sec. 263a. (1) Not later than September 30 of each year, Michigan State University shall submit a report on MSU AgBioResearch and MSU Extension to the house and senate appropriations subcommittees on agriculture and on higher education, the house and senate standing committees on agriculture, the house and senate fiscal agencies, and the state budget director for the preceding academic fiscal year. (2) The report required under subsection (1) shall include all of the following: (a) Total funds expended by MSU AgBioResearch and by MSU Extension identified by state, local, private, federal, and university fund sources. (b) The metric goals that were used to evaluate the impacts of programs operated by MSU Extension and MSU AgBioResearch. It is the intent of the legislature that the THE following metric goals will be used to evaluate the impacts of those programs: (i) Increasing the number of agriculture and food‑related firms collaborating with and using services of research and extension faculty and staff by 3% per year. (ii) Increasing the number of individuals utilizing MSU Extension’s educational services by 5% per year. (iii) Increasing external funds generated in support of research and extension, beyond state appropriations, by 10% over the amounts generated in the past 3 state fiscal years. (iv) Increasing the sector’s total economic impact to at least $100,000,000,000.00. (v) Increasing Michigan’s agricultural exports to at least $3,500,000,000.00. (vi) Increasing jobs in the food and agriculture sector by 10%. (vii) Improving access by Michigan consumers to healthy foods by 20%. (c) A review of major programs within both MSU AgBioResearch and MSU Extension with specific reference to accomplishments, impacts, and the metrics described in subdivision (b), including a specific accounting of Project GREEEN expenditures and the impact of those expenditures. Sec. 264. Included in the appropriation in section 236 for fiscal year 2015‑2016 2016‑2017 for Michigan State University is $80,000.00 for the Michigan Future Farmers of America Association. This $80,000.00 allocation shall not supplant any existing support that Michigan State University provides to the Michigan Future Farmers of America Association. Sec. 265. (1) Payments under section 265a for performance funding shall only be made to a public university that certifies to the state budget director by August 31, 2015 2016 that its board did not adopt an increase in tuition and fee rates for resident undergraduate students after September 1, 2014 2015 for the 2014‑2015 2015‑2016 academic year and that its board will not adopt an increase in tuition and fee rates for resident undergraduate students for the 2015‑2016 2016‑2017 academic year that is greater than 3.2%. 4.2%. As used in this subsection: (a) “Fee” means any board‑authorized fee that will be paid by more than 1/2 of all resident undergraduate students at least once during their enrollment at a public university, AS DESCRIBED IN THE HIGHER EDUCATION INSTITUTIONAL DATA INVENTORY (HEIDI) USER MANUAL. A university increasing a fee that applies to a specific subset of students or No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1093 courses shall provide sufficient information to prove that the increase applied to that subset will not cause the increase in the average amount of board‑authorized total tuition and fees paid by resident undergraduate students in the 2015‑2016 2016‑2017 academic year to exceed the limit established in this subsection. (b) “Tuition and fee rate” means the average of full‑time rates for all PAID BY A MAJORITY OF STUDENTS IN EACH undergraduate classes, CLASS, based on an UNWEIGHTED average of the rates authorized by the university board and actually charged to students, deducting any uniformly rebated or refunded amounts, for the 2 semesters with the highest levels of full‑time equated resident undergraduate enrollment during the academic year, AS DESCRIBED IN THE HIGHER EDUCATION INSTITUTIONAL DATA INVENTORY (HEIDI) USER MANUAL. (c) For purposes of subdivision (a), for a public university that compels resident undergraduate students to be covered by health insurance as a condition to enroll at the university, “fee” includes the annual amount a student is charged for coverage by the university‑affiliated group health insurance policy if he or she does not provide proof that he or she is otherwise covered by health insurance. This subdivision does not apply to limited subsets of resident undergraduate students to be covered by health insurance for specific reasons other than general enrollment at the university. (2) The state budget director shall implement uniform reporting requirements to ensure that a public university receiving a payment under section 265a for performance funding has satisfied the tuition restraint requirements of this section. The state budget director shall have the sole authority to determine if a public university has met the requirements of this section. Information reported by a public university to the state budget director under this subsection shall also be reported to the house and senate appropriations subcommittees on higher education and the house and senate fiscal agencies. (3) UNIVERSITIES THAT EXCEED THE TUITION AND FEE RATE CAP DESCRIBED IN SUBSECTION (1) SHALL NOT RECEIVE A PLANNING OR CONSTRUCTION AUTHORIZATION FOR A STATE‑FUNDED CAPITAL OUTLAY PROJECT IN FISCAL YEAR 2017‑2018 OR FISCAL YEAR 2018‑2019. (4) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, THE LEGISLATURE MAY AT ANY TIME ADJUST APPROPRIATIONS FOR A UNIVERSITY THAT ADOPTS AN INCREASE IN TUITION AND FEE RATES FOR RESIDENT UNDERGRADUATE STUDENTS THAT EXCEEDS THE RATE CAP ESTABLISHED IN SUBSECTION (1). Sec. 265a. (1) Appropriations to public universities in section 236 for fiscal year 2015‑2016 2016‑2017 for performance funding shall be paid only to a public university that complies with section 265 and certifies to the state budget director, the house and senate appropriations subcommittees on higher education, and the house and senate fiscal agencies by August 31, 2015 2016 that it complies with all of the following requirements: (a) The university participates in reverse transfer agreements described in section 286 with at least 3 Michigan community colleges. or has made a good‑faith effort to enter into reverse transfer agreements. (b) The university does not and will not consider whether dual enrollment credits earned by an incoming student were utilized towards his or her high school graduation requirements when making a determination as to whether those credits may be used by the student toward completion of a university degree or certificate program. (c) The university ACTIVELY participates in AND SUBMITS TIMELY UPDATES TO the Michigan Transfer Network created as part of the Michigan Association of Collegiate Registrars and Admissions Officers transfer agreement. (2) Any performance funding amounts under section 236 that are not paid to a public university because it did not comply with 1 or more requirements under subsection (1) are unappropriated and reappropriated for performance funding to those public universities that meet the requirements under subsection (1), distributed in proportion to their performance funding appropriation amounts under section 236. (3) The state budget director shall report to the house and senate appropriations subcommittees on higher education and the house and senate fiscal agencies by September 30, 2015, 2016, regarding any performance funding amounts that are not paid to a public university because it did not comply with 1 or more requirements under subsection (1) and any reappropriation of funds under subsection (2). (4) Performance funding amounts described in section 236 are distributed based on the following formula: (A) PROPORTIONAL TO EACH UNIVERSITY’S SHARE OF TOTAL OPERATIONS FUNDING APPROPRIATED IN FISCAL YEAR 2010‑2011, 50%. (B) (a) Based on weighted undergraduate completions in critical skills areas, 22.2%.11.1%. (C) (b) Based on research and development expenditures, for universities classified in Carnegie classifications as doctoral/ research universities, research universities (high research activity), or research universities (very high research activity) only, 11.1%.5.6%. (D) (c) Based on 6‑year graduation rate, total degree completions, and institutional support as a percentage of core expenditures, and the percentage of students receiving Pell grants, scored against national Carnegie classification peers and weighted by total undergraduate fiscal year equated students, 66.7%.33.3%. (5) For purposes of determining the score of a university under subsection (4)(c), (4)(D), each university is assigned 1 of the following scores: (a) A university classified as in the top 20%, a score of 3. (b) A university classified as above national median, a score of 2. 1094 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (c) A university classified as improving, a score of 2. It is the intent of the legislature that, beginning in the 2016‑2017 2017‑2018 state fiscal year, a university classified as improving is assigned a score of 1. (d) A university that is not included in subdivision (a), (b), or (c), a score of 0. (6) For purposes of AS USED IN this section, “Carnegie classification” shall mean MEANS the basic classification of the university according to the most recent version PRIOR TO FEBRUARY 1, 2016 of the Carnegie classification of institutions of higher education, published by the Carnegie Foundation for the Advancement of Teaching. Sec. 267. All public universities shall submit the amount of tuition and fees actually charged to a full‑time resident undergraduate student for academic year 2015‑2016 2016‑2017 as part of their higher education institutional data inventory (HEIDI) data by August 31 of each year. A public university shall report any revisions for any semester of the reported academic year 2015‑2016 2016‑2017 tuition and fee charges to HEIDI within 15 days of being adopted. Sec. 268. (1) For the fiscal year ending September 30, 2016, 2017, it is the intent of the legislature that funds be allocated for unfunded North American Indian tuition waiver costs incurred by public universities under 1976 PA 174, MCL 390.1251 to 390.1253, from the general fund. (2) By February 15 of each year, the department of civil rights shall annually submit to the state budget director, the house and senate appropriations subcommittees on higher education, and the house and senate fiscal agencies a report on North American Indian tuition waivers for the preceding fiscal year that includes, but is not limited to, all of the following information: for each postsecondary institution: (a) The total number of waiver applications RECEIVED AND THE NUMBER OF WAIVER APPLICATIONS APPROVED. (B) FOR EACH UNIVERSITY SUBMITTING INFORMATION UNDER SUBSECTION (3), ALL OF THE FOLLOWING: (i) THE NUMBER OF GRADUATE AND UNDERGRADUATE NORTH AMERICAN INDIAN STUDENTS ENROLLED EACH TERM FOR THE PREVIOUS FISCAL YEAR. (ii) (b) The total number of NORTH AMERICAN INDIAN waivers granted EACH TERM and the monetary value of each waiver.THE WAIVERS FOR THE PREVIOUS FISCAL YEAR. (iii) (c) The number of GRADUATE AND UNDERGRADUATE students ATTENDING UNDER A NORTH AMERICAN INDIAN TUITION WAIVER who withdraw WITHDREW from classes.THE UNIVERSITY DURING THE PREVIOUS FISCAL YEAR. (iv) (d) The number of GRADUATE AND UNDERGRADUATE students ATTENDING UNDER A NORTH AMERICAN INDIAN TUITION WAIVER who successfully complete a degree or certificate program, SEPARATED BY DEGREE OR CERTIFICATE LEVEL, and the 6‑year graduation rate FOR GRADUATE AND UNDERGRADUATE STUDENTS ATTENDING UNDER A NORTH AMERICAN INDIAN TUITION WAIVER WHO COMPLETE A DEGREE WITHIN 150% OF THE NORMAL TIME TO COMPLETE, SEPARATED BY THE LEVEL OF THE DEGREE. (3) A public university that receives funds under section 236 shall provide to the department of civil rights any information necessary for preparing the report detailed in subsection (2), USING GUIDELINES AND PROCEDURES DEVELOPED BY THE DEPARTMENT OF CIVIL RIGHTS. (4) THE DEPARTMENT OF CIVIL RIGHTS MAY CONSOLIDATE THE REPORT REQUIRED UNDER THIS SECTION WITH THE REPORT REQUIRED UNDER SECTION 223, BUT A CONSOLIDATED REPORT MUST SEPARATELY IDENTIFY DATA FOR UNIVERSITIES AND DATA FOR COMMUNITY COLLEGES. Sec. 269. For fiscal year 2015‑2016, 2016‑2017, from the amount appropriated in section 236 to Central Michigan University for operations, $29,700.00 shall be paid to Saginaw Chippewa Tribal College for the costs of waiving tuition for North American Indians under 1976 PA 174, MCL 390.1251 to 390.1253. Sec. 270. For fiscal year 2015‑2016, 2016‑2017, from the amount appropriated in section 236 to Lake Superior State University for operations, $100,000.00 shall be paid to Bay Mills Community College for the costs of waiving tuition for North American Indians under 1976 PA 174, MCL 390.1251 to 390.1253. Sec. 274. It is the intent of the legislature that public and private organizations that conduct human embryonic stem cell derivation subject to section 27 of article I of the state constitution of 1963 will provide information to the director of the department of health and human services by December 1, 2015 2016 that includes all of the following: (a) Documentation that the organization conducting human embryonic stem cell derivation is conducting its activities in compliance with the requirements of section 27 of article I of the state constitution of 1963 and all relevant National Institutes of Health guidelines pertaining to embryonic stem cell derivation. (b) A list of all human embryonic stem cell lines submitted by the organization to the National Institutes of Health for inclusion in the Human Embryonic Stem Cell Registry before and during fiscal year 2014‑2015, 2015‑2016, and the status of each submission as approved, pending approval, or review completed but not yet accepted. (c) Number of human embryonic stem cell lines derived and not submitted for inclusion in the Human Embryonic Stem Cell Registry, before and during fiscal year 2014‑2015.2015‑2016. Sec. 274c. By February 1, 2016, 2017, each university receiving funds under section 236 shall report to the senate and house appropriations subcommittees on higher education, the senate and house fiscal agencies, and the state budget director No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1095 on its efforts to develop and implement sexual assault response training for the university’s title IX coordinator, campus law enforcement personnel, campus public safety personnel, and any other campus personnel charged with responding to on‑campus incidents, including information on sexual assault response training materials and the status of implementing sexual assault response training for campus personnel. Sec. 275. (1) It is the intent of the legislature that each public university that receives an appropriation in section 236 do all of the following: (a) Meet the provisions of section 5003 of the post‑911 veterans educational assistance act of 2008, 38 USC 3301 to 3324, 3325, including voluntary participation in the yellow ribbon GI education enhancement program YELLOW RIBBON GI EDUCATION ENHANCEMENT PROGRAM established in that act in 38 USC 3317. By October 1 of each year, each public university shall report to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the presidents council, state universities of Michigan MICHIGAN ASSOCIATION OF STATE UNIVERSITIES on whether or not it has chosen to participate in the yellow ribbon GI education enhancement program. YELLOW RIBBON GI EDUCATION ENHANCEMENT PROGRAM. If at any time during the fiscal year a university participating in the yellow ribbon program YELLOW RIBBON PROGRAM chooses to leave the yellow ribbon program, YELLOW RIBBON PROGRAM, it shall notify the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the presidents council, state universities of Michigan.MICHIGAN ASSOCIATION OF STATE UNIVERSITIES. (b) Establish an on‑campus veterans’ liaison to provide information and assistance to all student veterans. (c) Provide flexible enrollment application deadlines for all veterans. (d) Include in its admission application process a specific question as to whether an applicant for admission is a veteran, an active member of the military, a member of the national guard NATIONAL GUARD or military reserves, or the spouse or dependent of a veteran, active member of the military, or member of the national guard NATIONAL GUARD or military reserves, in order to more quickly identify potential educational assistance available to that applicant. (e) Consider all veterans residents of this state for determining their tuition rates and fees. (f) Waive enrollment fees for all veterans. (2) By October 1 of each year, each public university shall report to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the department of military and veterans affairs regarding services provided specifically to veterans and active military duty personnel, including, but not limited to, the services described in subsection (1). (3) As used in this section, “veteran” means an honorably discharged veteran entitled to educational assistance under the provisions of section 5003 of the post‑911 veterans educational assistance act of 2008, 38 USC 3301 to 3324.3325. Sec. 276. (1) Included in the appropriation for fiscal year 2015‑2016 2016‑2017 for each public university in section 236 is funding for the Martin Luther King, Jr. ‑ Cesar Chavez ‑ Rosa Parks future faculty program that is intended to increase the pool of academically or economically disadvantaged candidates pursuing faculty teaching careers in postsecondary education. Preference may not be given to applicants on the basis of race, color, ethnicity, gender, or national origin. Institutions should encourage applications from applicants who would otherwise not adequately be represented in the graduate student and faculty populations. Each public university shall apply the percentage change applicable to every public university in the calculation of appropriations in section 236 to the amount of funds allocated to the future faculty program. (2) The program shall be administered by each public university in a manner prescribed by the workforce development agency. The workforce development agency shall use a good faith effort standard to evaluate whether a fellowship is in default. Sec. 277. (1) Included in the appropriation for fiscal year 2015‑2016 2016‑2017 for each public university in section 236 is funding for the Martin Luther King, Jr. ‑ Cesar Chavez ‑ Rosa Parks college day program that is intended to introduce academically or economically disadvantaged schoolchildren to the potential of a college education. Preference may not be given to participants on the basis of race, color, ethnicity, gender, or national origin. Public universities should encourage participation from those who would otherwise not adequately be represented in the student population. (2) Individual program plans of each public university shall include a budget of equal contributions from this program, the participating public university, the participating school district, and the participating independent degree‑granting college. College day funds shall not be expended to cover indirect costs. Not more than 20% of the university match shall be attributable to indirect costs. Each public university shall apply the percentage change applicable to every public university in the calculation of appropriations in section 236 to the amount of funds allocated to the college day program. (3) The program described in this section shall be administered by each public university in a manner prescribed by the workforce development agency. Sec. 278. (1) Included in section 236 for fiscal year 2015‑2016 2016‑2017 is funding for the Martin Luther King, Jr. ‑ Cesar Chavez ‑ Rosa Parks select student support services program for developing academically or economically disadvantaged student retention programs for 4‑year public and independent educational institutions in this state. Preference may not be given to participants on the basis of race, color, ethnicity, gender, or national origin. Institutions should encourage participation from those who would otherwise not adequately be represented in the student population. (2) An award made under this program to any 1 institution shall not be greater than $150,000.00, and the amount awarded shall be matched on a 70% state, 30% college or university basis. 1096 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (3) The program described in this section shall be administered by the workforce development agency. Sec. 279. (1) Included in section 236 for fiscal year 2015‑2016 2016‑2017 is funding for the Martin Luther King, Jr. ‑ Cesar Chavez ‑ Rosa Parks college/university partnership program between 4‑year public and independent colleges and universities and public community colleges, which is intended to increase the number of academically or economically disadvantaged students who transfer from community colleges into baccalaureate programs. Preference may not be given to participants on the basis of race, color, ethnicity, gender, or national origin. Institutions should encourage participation from those who would otherwise not adequately be represented in the transfer student population. (2) The grants shall be made under the program described in this section to Michigan public and independent colleges and universities. An award to any 1 institution shall not be greater than $150,000.00, and the amount awarded shall be matched on a 70% state, 30% college or university basis. (3) The program described in this section shall be administered by the workforce development agency. Sec. 280. (1) Included in the appropriation for fiscal year 2015‑2016 2016‑2017 for each public university in section 236 is funding for the Martin Luther King, Jr. ‑ Cesar Chavez ‑ Rosa Parks visiting professors program which is intended to increase the number of instructors in the classroom to provide role models for academically or economically disadvantaged students. Preference may not be given to participants on the basis of race, color, ethnicity, gender, or national origin. Public universities should encourage participation from those who would otherwise not adequately be represented in the student population. (2) The program described in this section shall be administered by the workforce development agency. Sec. 281. (1) Included in the appropriation for fiscal year 2015‑2016 2016‑2017 in section 236 is funding under the Martin Luther King, Jr. ‑ Cesar Chavez ‑ Rosa Parks initiative for the Morris Hood, Jr. educator development program which is intended to increase the number of academically or economically disadvantaged students who enroll in and complete K‑12 teacher education programs at the baccalaureate level. Preference may not be given to participants on the basis of race, color, ethnicity, gender, or national origin. Institutions should encourage participation from those who would otherwise not adequately be represented in the teacher education student population. (2) The program described in this section shall be administered by each state‑approved teacher education institution in a manner prescribed by the workforce development agency. (3) Approved teacher education institutions may and are encouraged to use student support services funding in coordination with the Morris Hood, Jr. funding to achieve the goals of the program described in this section. Sec. 282. Each institution receiving funds for fiscal year 2015‑2016 2016‑2017 under section 278, 279, or 281 shall notify the workforce development agency by April 15, 2016 2017 as to whether it will expend by the end of its fiscal year the funds received under section 278, 279, or 281. Notwithstanding the award limitations in sections 278 and 279, the amount of funding reported as not being expended will be reallocated to the institutions that intend to expend all funding received under section 278, 279, or 281. Sec. 283. (1) From the amount appropriated in section 236, the public universities shall systematically inform Michigan high schools regarding the academic status of students from each high school in a manner prescribed by the Presidents Council, State Universities of Michigan MICHIGAN ASSOCIATION OF STATE UNIVERSITIES in cooperation with the Michigan Association of Secondary School Principals. Public universities shall also work with the center for educational performance and information to maintain a systematic approach for accomplishing this task. (2) Michigan high schools shall systematically inform the public universities about the use of information received under this section in a manner prescribed by the Michigan Association of Secondary School Principals in cooperation with the Presidents Council, State Universities of Michigan.MICHIGAN ASSOCIATION OF STATE UNIVERSITIES. Sec. 284. From the amount appropriated in section 236, the public universities shall inform Michigan community colleges regarding the academic status of community college transfer students in a manner prescribed by the Presidents Council, State Universities of Michigan MICHIGAN ASSOCIATION OF STATE UNIVERSITIES in cooperation with the Michigan Community College Association. Public universities shall also work with the center for educational performance and information to maintain a systematic approach for accomplishing this task. SEC. 286A. BY FEBRUARY 1, 2017, THE MICHIGAN COMMUNITY COLLEGE ASSOCIATION, THE MICHIGAN ASSOCIATION OF STATE UNIVERSITIES, AND THE MICHIGAN INDEPENDENT COLLEGES AND UNIVERSITIES, ON BEHALF OF THEIR MEMBER COLLEGES AND UNIVERSITIES, SHALL SUBMIT TO THE SENATE AND HOUSE APPROPRIATIONS SUBCOMMITTEES ON HIGHER EDUCATION, THE SENATE AND HOUSE APPROPRIATIONS SUBCOMMITTEES ON COMMUNITY COLLEGES, THE SENATE AND HOUSE FISCAL AGENCIES, AND THE STATE BUDGET DIRECTOR A COMPREHENSIVE REPORT DETAILING THE NUMBER OF ACADEMIC PROGRAM PARTNERSHIPS BETWEEN PUBLIC COMMUNITY COLLEGES, PUBLIC UNIVERSITIES, AND PRIVATE COLLEGES AND UNIVERSITIES, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING INFORMATION: (A) THE NAMES OF THE BACCALAUREATE DEGREE PROGRAMS OF STUDY OFFERED BY PUBLIC AND PRIVATE UNIVERSITIES ON COMMUNITY COLLEGE CAMPUSES. (B) THE NAMES OF THE ARTICULATION AGREEMENTS FOR BACCALAUREATE DEGREE PROGRAMS OF STUDY BETWEEN PUBLIC COMMUNITY COLLEGES, PUBLIC UNIVERSITIES, AND PRIVATE COLLEGES AND UNIVERSITIES. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1097 (C) THE NUMBER OF STUDENTS ENROLLED AND NUMBER OF DEGREES AWARDED THROUGH ARTICULATION AGREEMENTS, AND THE NUMBER OF COURSES OFFERED, NUMBER OF STUDENTS ENROLLED, AND NUMBER OF DEGREES AWARDED THROUGH ON‑CAMPUS PROGRAMS NAMED IN SUBDIVISION (A) FROM JULY 1, 2015 THROUGH JUNE 30, 2016. Sec. 290. By March 1 of each year, the presidents council, state universities of Michigan MICHIGAN ASSOCIATION OF STATE UNIVERSITIES shall provide a listing of new degree programs for which enrollment information will be reported to HEIDI under sections 241 and 289, as well as a listing of degree programs that institutions of higher education will no longer offer in subsequent academic years, to the house and senate appropriations subcommittees on higher education, the house and senate fiscal agencies, and the state budget director. Enacting section 1. (1) In accordance with section 30 of article IX of the state constitution of 1963, total state spending from state sources on state school aid under article I of the state school aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1772, as amended by 2015 PA 85, 2015 PA 139, and this amendatory act for fiscal year 2015‑2016 is estimated at $11,960,539,300.00 and state appropriations for school aid to be paid to local units of government for fiscal year 2015‑2016 are estimated at $11,919,909,800.00. In accordance with section 30 of article IX of the state constitution of 1963, total state spending on school aid under article I of the state school aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1772, as amended by this amendatory act, from state sources for fiscal year 2016‑2017 is estimated at $12,343,209,400.00 and state appropriations for school aid to be paid to local units of government for fiscal year 2016‑2017 are estimated at $12,181,929,700.00. (2) In accordance with section 30 of article IX of the state constitution of 1963, total state spending from state sources for community colleges for fiscal year 2016‑2017 under article II of the state school aid act of 1979, 1979 PA 94, MCL 388.1801 to 388.1830a, as amended by this amendatory act, is estimated at $395,925,600.00 and the amount of that state spending from state sources to be paid to local units of government for fiscal year 2016‑2017 is estimated at $395,925,600.00. (3) In accordance with section 30 of article IX of the state constitution of 1963, total state spending from state sources for higher education for fiscal year 2016‑2017 under article III of the state school aid act of 1979, 1979 PA 94, MCL 388.1836 to 388.1893, as amended by this amendatory act, is estimated at $1,481,114,000.00 and the amount of that state spending from state sources to be paid to local units of government for fiscal year 2016‑2017 is estimated at $0. Enacting section 2. Sections 22i, 43, 99c, 210c, 230a, 236d, 239a, and 293 of the state school aid act of 1979, 1979 PA 94, MCL 388.1622i, 388.1643, 388.1699c, 388.1810c, 388.1830a, 388.1836d, 388.1839a, and 388.1893, are repealed effective October 1, 2016. Enacting section 3. (1) Except as otherwise provided in subsection (2), this amendatory act takes effect October 1, 2016. (2) Sections 11, 11j, 11m, 11r, 20g, 22a, 22b, 24a, 26a, 26c, 31f, 35a, 51a, 51c, 56, 61a, 61b, 62, and 64b of the state school aid act of 1979, 1979 PA 94, MCL 388.1611, 388.1611j, 388.1611m, 388.1611r, 388.1620g, 388.1622a, 388.1622b, 388.1624a, 388.1626a, 388.1626c, 388.1631f, 388.1635a, 388.1651a, 388.1651c, 388.1656, 388.1661a, 388.1661b, 388.1662, and 388.1664b, as amended by this amendatory act, and sections 11o and 236d of the state school aid act of 1979, 1979 PA 94, MCL 388.1611o and 388.1836d, as added by this amendatory act, take effect upon enactment of this amendatory act. Third: That the Senate and House agree to the title of the bill to read as follows: A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts”, by amending sections 3, 4, 6, 11, 11a, 11j, 11k, 11m, 11r, 15, 18, 19, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25e, 25f, 25g, 26a, 26b, 26c, 31a, 31c, 31d, 31f, 31h, 32d, 32p, 35, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 55, 56, 61a, 61b, 62, 64b, 65, 67, 74, 81, 94, 94a, 98, 99h, 99s, 101, 102d, 104, 104b, 104c, 104d, 107, 147, 147a, 147c, 152a, 166, 166b, 201, 201a, 202a, 203, 206, 207, 207a, 207b, 207c, 209, 210b, 212, 217, 219, 220, 222, 223, 224, 225, 226, 229a, 230, 236, 236a, 236b, 236c, 237b, 241, 246, 251, 252, 254, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 274c, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, and 290 (MCL 388.1603, 388.1604, 388.1606, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611r, 388.1615, 388.1618, 388.1619, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622g, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625e, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631c, 388.1631d, 388.1631f, 388.1631h, 388.1632d, 388.1632p, 388.1635, 388.1635a, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1655, 388.1656, 388.1661a, 388.1661b, 388.1662, 388.1664b, 388.1665, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1698, 388.1699h, 388.1699s, 388.1701, 388.1702d, 388.1704, 388.1704b, 388.1704c, 388.1704d, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1766, 388.1766b, 388.1801, 388.1801a, 388.1802a, 388.1803, 388.1806, 388.1807, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810b, 388.1812, 388.1817, 388.1819, 388.1820, 388.1822, 388.1823, 388.1824, 388.1825, 388.1826, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1837b, 388.1841, 388.1846, 388.1851, 388.1852, 388.1854, 388.1856, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1874c, 388.1875, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, and 388.1890), section 3, 203, 207, 1098 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 212, 219, 220, 223, 251, and 254 as amended and section 237b as added by 2012 PA 201, sections 4, 6, 98, 107, 230, and 256 as amended by 2016 PA 56, sections 11, 21f, 31a, and 32d as amended by 2015 PA 139, sections 11a, 11j, 11k, 11m, 11r, 15, 20, 20d, 20f, 20g, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31d, 31f, 32p, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b, 74, 81, 94, 94a, 99h, 101, 104, 104b, 104c, 147, 147a, 147c, 152a, 201, 201a, 206, 207a, 207b, 207c, 209, 210b, 217, 222, 225, 226, 229a, 236, 236a, 236b, 236c, 241, 246, 252, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 25g, 31c, 31h, 35, 35a, 55, 61b, 65, 67, 99s, 102d, 104d, and 274c as added by 2015 PA 85, section 18 as amended by 2015 PA 114, sections 19, 202a, 224, and 275 as amended by 2014 PA 196, section 166 as amended by 1996 PA 300, section 166b as amended by 2015 PA 222, and section 290 as amended by 2013 PA 60, and by adding sections 11o, 11s, 20m, 21, 21g, 31b, 31j, 32q, 54b, 61c, 63, 99t, 152b, 167a, 210e, 236d, and 286a; and to repeal acts and parts of acts. Dave Hildenbrand Arlan B. Meekhof Conferees for the Senate Al Pscholka Tim Kelly Harvey Santana Conferees for the House he question being on the adoption of the conference report, T The first conference report was adopted, a majority of the members serving voting therefor, as follows: Roll Call No. 415 Yeas—20 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Knollenberg Nofs Shirkey Green Kowall O’Brien Stamas Hansen MacGregor Proos Zorn Nays—17 Ananich Hertel Johnson Rocca Bieda Hood Jones Schuitmaker Colbeck Hopgood Knezek Warren Emmons Hune Pavlov Young Gregory Excused—0 Not Voting—0 In The Chair: O’Brien enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. Senator Kowall moved that joint rule 9 be suspended to permit immediate consideration of the conference report relative to the following bill: House Bill No. 5294 The motion prevailed, a majority of the members serving voting therefor. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1099 House Bill No. 5294, entitled A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, capital outlay, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2016 and September 30, 2017 and for other fiscal years; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts. The House of Representatives has adopted the report of the Committee of Conference. The Conference Report was read as follows: First Conference Report The Committee of Conference on the matters of difference between the two Houses concerning House Bill No. 5294, entitled A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2017 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations. Recommends: First: That the Senate recede from the Substitute of the Senate as passed by the Senate. Second: That the House and Senate agree to the Substitute of the House as passed by the House, amended to read as follows: A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, capital outlay, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2016 and September 30, 2017 and for other fiscal years; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: ARTICLE I DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT PART 1 LINE‑ITEM APPROPRIATIONS Sec. 101. There is appropriated for the department of agriculture and rural development for the fiscal year ending September 30, 2017, from the following funds: DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT APPROPRIATION SUMMARY Full‑time equated unclassified positions............................................................................. 6.0 Full‑time equated classified positions............................................................................. 473.0 GROSS APPROPRIATION.......................................................................................................... $ 94,101,300 Interdepartmental grant revenues: IDG from LARA (LCC), liquor quality testing fees.................................................................... 220,100 IDG from MDEQ, biosolids......................................................................................................... 103,100 Total interdepartmental grants and intradepartmental transfers................................................... 323,200 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 93,778,100 Federal revenues: Department of Interior.................................................................................................................. 273,800 EPA, multiple grants..................................................................................................................... 1,313,100 HHS, multiple grants.................................................................................................................... 2,520,600 USDA, multiple grants................................................................................................................. 6,363,700 Total federal revenues................................................................................................................... 10,471,200 Special revenue funds: Private ‑ commodity group revenue............................................................................................. 109,600 Private ‑ slow‑the‑spread foundation............................................................................................ 21,100 Total private revenues................................................................................................................... 130,700 Agricultural preservation fund...................................................................................................... 1,109,800 Agriculture equine industry development fund............................................................................ 3,667,200 Agriculture licensing and inspection fees.................................................................................... 4,107,400 Animal welfare fund..................................................................................................................... 193,300 Commodity inspection fees.......................................................................................................... 516,000 Consumer and industry food safety education fund..................................................................... 355,400 Dairy and food safety fund.......................................................................................................... 5,103,800 1100 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 Feed control fund......................................................................................................................... $ Fertilizer control fund.................................................................................................................. Freshwater protection fund........................................................................................................... Gasoline inspection and testing fund........................................................................................... Grain dealers fee fund.................................................................................................................. Horticulture fund.......................................................................................................................... Industry support funds.................................................................................................................. Migratory labor housing fund...................................................................................................... Nonretail liquor fees..................................................................................................................... Private forestland enhancement fund............................................................................................ Refined petroleum fund................................................................................................................ Rural development fund............................................................................................................... Testing fees................................................................................................................................... Weights and measures regulation fees.......................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ State general fund/general purpose schedule: Ongoing state general fund/general purpose.........................................................$47,536,900 One‑time state general fund/general purpose......................................................... $2,390,000 Sec. 102. DEPARTMENTWIDE Full‑time equated unclassified positions............................................................................. 6.0 Full‑time equated classified positions............................................................................... 32.0 Commissions and boards.............................................................................................................. $ Unclassified positions—6.0 FTE positions.................................................................................. Executive direction—9.0 FTE positions....................................................................................... Operational services—19.0 FTE positions................................................................................... Statistical reporting service—1.0 FTE position........................................................................... Emergency management—3.0 FTE positions............................................................................... Accounting service center............................................................................................................ Building occupancy charges......................................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: HHS, multiple grants.................................................................................................................... Special revenue funds: Private ‑ commodity group revenue............................................................................................. Agricultural preservation fund...................................................................................................... Agriculture licensing and inspection fees.................................................................................... Commodity inspection fees.......................................................................................................... Dairy and food safety fund.......................................................................................................... Feed control fund......................................................................................................................... Fertilizer control fund.................................................................................................................. Freshwater protection fund........................................................................................................... Gasoline inspection and testing fund........................................................................................... Grain dealers fee fund.................................................................................................................. Industry support funds.................................................................................................................. Migratory housing fund................................................................................................................ Nonretail liquor fees..................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 103. INFORMATION AND TECHNOLOGY Information technology services and projects.............................................................................. $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG from LARA (LCC), liquor quality testing fees.................................................................... 1,135,200 762,600 6,401,300 1,990,200 615,000 38,800 433,300 167,800 904,200 288,200 2,373,200 2,000,000 293,100 793,500 33,249,300 49,926,900 23,800 545,900 1,413,500 1,882,700 153,600 614,600 1,141,600 631,200 6,406,900 331,900 79,100 15,200 263,900 1,100 416,900 38,900 24,000 67,500 80,000 7,900 54,300 28,600 28,100 4,969,500 1,768,500 1,768,500 3,200 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1101 For Fiscal Year Ending Sept. 30, 2017 Special revenue funds: Agricultural preservation fund...................................................................................................... $ Agriculture licensing and inspection fees.................................................................................... Dairy and food safety fund.......................................................................................................... Freshwater protection fund........................................................................................................... Gasoline inspection and testing fund........................................................................................... Nonretail liquor fees..................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 104. FOOD AND DAIRY Full‑time equated classified positions............................................................................. 123.0 Food safety and quality assurance—93.0 FTE positions............................................................. $ Milk safety and quality assurance—30.0 FTE positions.............................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: HHS, multiple grants.................................................................................................................... USDA, multiple grants................................................................................................................. Special revenue funds: Consumer and industry food safety education fund..................................................................... Dairy and food safety fund.......................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 105. ANIMAL INDUSTRY Full‑time equated classified positions............................................................................... 60.0 Animal disease prevention and response—60.0 FTE positions................................................... $ Indemnification ‑ livestock depredation....................................................................................... Animal agriculture initiative ‑ ongoing........................................................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Department of Interior.................................................................................................................. HHS, multiple grants.................................................................................................................... USDA, multiple grants................................................................................................................. Special revenue funds: Private commodity group revenue................................................................................................ Agriculture licensing and inspection fees.................................................................................... Animal welfare fund..................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 106. PESTICIDE AND PLANT PEST MANAGEMENT Full‑time equated classified positions............................................................................... 92.0 Pesticide and plant pest management—86.0 FTE positions........................................................ $ Producer security/grain dealers—6.0 FTE positions.................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Department of Interior.................................................................................................................. EPA, multiple grants..................................................................................................................... HHS, multiple grants.................................................................................................................... USDA, multiple grants................................................................................................................. Special revenue funds: Private ‑ slow‑the‑spread foundation............................................................................................ Agriculture licensing and inspection fees.................................................................................... Commodity inspection fees.......................................................................................................... Feed control fund......................................................................................................................... Fertilizer control fund.................................................................................................................. Freshwater protection fund........................................................................................................... Grain dealers fee fund.................................................................................................................. 200 93,800 61,200 100 31,800 500 1,577,700 14,006,400 4,260,100 18,266,500 1,193,800 136,300 355,400 4,554,500 12,026,500 9,054,500 50,000 399,000 9,503,500 50,800 46,600 527,900 30,500 59,300 193,300 8,595,100 13,672,000 653,500 14,325,500 101,700 533,100 325,000 843,800 21,100 3,611,600 514,900 948,600 738,600 153,900 607,100 1102 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 Horticulture fund.......................................................................................................................... $ Industry support funds.................................................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 107. ENVIRONMENTAL STEWARDSHIP Full‑time equated classified positions............................................................................... 55.0 Environmental stewardship ‑ MAEAP—23.0 FTE positions....................................................... $ Farmland and open space preservation—7.0 FTE positions........................................................ Qualified forest program—9.0 FTE positions.............................................................................. Migrant labor housing—9.0 FTE positions.................................................................................. Right‑to‑farm—3.0 FTE positions................................................................................................ Intercounty drain—4.0 FTE positions.......................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG from MDEQ, biosolids......................................................................................................... Federal revenues: Department of Interior.................................................................................................................. EPA, multiple grants..................................................................................................................... USDA, multiple grants................................................................................................................. Special revenue funds: Agricultural preservation fund...................................................................................................... Freshwater protection fund........................................................................................................... Migratory labor housing fund...................................................................................................... Private forestland enhancement fund............................................................................................ State general fund/general purpose.............................................................................................. $ Sec. 108. LABORATORY PROGRAM Full‑time equated classified positions............................................................................... 96.0 Laboratory services—42.0 FTE positions.................................................................................... $ USDA monitoring—13.0 FTE positions...................................................................................... Consumer protection program—41.0 FTE positions.................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG from LARA (LCC), liquor quality testing fees.................................................................... Federal revenues: EPA, multiple grants..................................................................................................................... HHS, multiple grants.................................................................................................................... USDA, multiple grants................................................................................................................. Special revenue funds: Agriculture licensing and inspection fees.................................................................................... Dairy and food safety fund.......................................................................................................... Feed control fund......................................................................................................................... Gasoline inspection and testing fund........................................................................................... Refined petroleum fund................................................................................................................ Testing fees................................................................................................................................... Weights and measures regulation fees.......................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 109. AGRICULTURE DEVELOPMENT Full‑time equated classified positions............................................................................... 15.0 Agriculture development—11.0 FTE positions............................................................................ $ Grape and wine program—3.0 FTE positions.............................................................................. Value‑added grants ‑ ongoing....................................................................................................... Rural development fund grant program—1.0 FTE position......................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: USDA, multiple grants................................................................................................................. 38,800 246,400 5,640,900 9,146,800 1,422,100 2,582,700 1,199,400 577,600 484,400 15,413,000 103,100 121,300 608,300 922,300 1,094,400 6,179,800 139,200 288,200 5,956,400 6,611,000 1,616,500 6,637,400 14,864,900 216,900 171,700 623,300 1,617,400 78,800 71,200 147,700 1,878,400 2,373,200 293,100 793,500 6,599,700 3,604,300 921,000 500,000 2,000,000 7,025,300 2,316,000 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1103 For Fiscal Year Ending Sept. 30, 2017 Special revenue funds: Industry support funds.................................................................................................................. $ Nonretail liquor fees..................................................................................................................... Rural development fund............................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 110. FAIRS AND EXPOSITIONS Fairs and racing............................................................................................................................ $ County fairs, shows, and exhibitions grants................................................................................. Purses and supplements ‑ fairs/licensed tracks............................................................................ Licensed tracks ‑ light horse racing............................................................................................. Light horse racing ‑ breeders’ awards.......................................................................................... Standardbred breeders’ awards..................................................................................................... Standardbred purses and supplements ‑ licensed tracks............................................................... Standardbred sire stakes............................................................................................................... Thoroughbred supplements ‑ licensed tracks............................................................................... Thoroughbred breeders’ awards................................................................................................... Thoroughbred sire stakes.............................................................................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Agriculture equine industry development fund............................................................................ State general fund/general purpose.............................................................................................. $ Sec. 111. ONE‑TIME BASIS ONLY Value‑added grants ‑ one‑time...................................................................................................... $ Grape and wine council ‑ one‑time.............................................................................................. Vital agriculture infrastructure grant program.............................................................................. Tree fruit research grants............................................................................................................. Animal agriculture initiative ‑ one‑time....................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ PART 2 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2016‑2017 132,600 875,600 2,000,000 1,701,100 256,600 470,000 708,300 40,300 20,000 345,900 671,800 275,000 601,900 368,600 378,800 4,137,200 3,667,200 470,000 1,000,000 170,000 220,000 500,000 500,000 2,390,000 2,390,000 GENERAL SECTIONS Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2016‑2017 is $83,176,200.00 and state spending from state resources to be paid to local units of government for fiscal year 2016‑2017 is $4,750,000.00. The itemized statement below identifies appropriations from which spending to local units of government will occur: DEPARTMENT OF AGRICULTURE AND RURAL DEVELOPMENT Environmental stewardship/MAEAP............................................................................................ $ 3,250,000 Qualified forest program.............................................................................................................. 1,500,000 TOTAL.......................................................................................................................................... $ 4,750,000 Sec. 202. The appropriations authorized under part 1 and this part are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. Sec. 203. As used in part 1 and this part: (a) “Department” means the department of agriculture and rural development. (b) “Director” means the director of the department. (c) “EPA” means the United States Environmental Protection Agency. (d) “FDA” means the United States Food and Drug Administration. (e) “Fiscal agencies” means the Michigan house fiscal agency and the Michigan senate fiscal agency. (f) “FTE” means full‑time equated. (g) “HHS” means the United States Department of Health and Human Services. (h) “IDG” means interdepartmental grant. (i) “LARA” means the Michigan department of licensing and regulatory affairs. (j) “LCC” means the Michigan liquor control commission. 1104 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (k) “MAEAP” means the Michigan agriculture environmental assurance program. (l) “MDEQ” means the Michigan department of environmental quality. (m) “MDNR” means the Michigan department of natural resources. (n) “MOU” means memorandum of understanding. (o) “Subcommittees” means all members of the subcommittees of the house and senate appropriations committees with jurisdiction over the budget for the department. (p) “TB” means tuberculosis. (q) “USDA” means the United States Department of Agriculture. Sec. 204. The departments and agencies receiving appropriations in part 1 shall use the Internet to fulfill the reporting requirements of this part. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an Internet or Intranet site. Sec. 205. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality. Sec. 206. The director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. Each director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both. Sec. 207. The departments and agencies receiving appropriations in part 1 shall prepare a report on out‑of‑state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information: (a) The dates of each travel occurrence. (b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues. Sec. 208. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes. Sec. 209. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year‑end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies. Sec. 210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $6,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 211. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency: (a) Fiscal year‑to‑date expenditures by category. (b) Fiscal year‑to‑date expenditures by appropriation unit. (c) Fiscal year‑to‑date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description. (d) The number of active department employees by job classification. (e) Job specifications and wage rates. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1105 Sec. 212. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the senate and house appropriations chairs, the subcommittees, respectively, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2016 and September 30, 2017. Sec. 213. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the agency’s performance. Sec. 214. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2017 is $11,911,300.00. From this amount, total agency appropriations for pension‑related legacy costs are estimated at $6,604,500.00. Total agency appropriations for retiree health care legacy costs are estimated at $5,306,800.00. Sec. 215. The department shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff. Sec. 234. The department and agencies receiving appropriations in part 1 shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short‑term and long‑term retention of records shall be followed. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines. DEPARTMENTWIDE Sec. 301. (1) The department may establish a fee schedule and collect fees for the following work activities and services: (a) Pesticide and plant pest management propagation and certification of virus‑free foundation stock. (b) Fruit and vegetable inspection and grading services at shipping and termination points and processing plants. (c) Laboratory support testing for testing horses in draft horse pulling contests at county fairs when local jurisdictions request state assistance. (d) Laboratory support analyses to determine foreign substances in horses engaged in racing or pulling contests at tracks. (e) Laboratory support analyses of food, livestock, and agricultural products for disease, foreign products for disease, toxic materials, foreign substances, and quality standards. (f) Laboratory support test samples for other state and local agencies and public or private organizations. (2) The department may receive and expend revenue from the fees authorized under subsection (1), subject to appropriation, for the purpose of recovering expenses associated with the work activities and services described in subsection (1). Fee revenue collected by the department under subsection (1) shall not lapse to the state general fund at the end of the fiscal year but shall carry forward for appropriation by the legislature in the subsequent fiscal year. (3) The department shall notify the subcommittees and the fiscal agencies 30 days prior to proposing changes in fees authorized under this section or under section 5 of the market conditions act, 1915 PA 91, MCL 285.35. (4) On or before February 1 of each year, the department shall provide a report to the subcommittees and the fiscal agencies detailing all the fees charged by the department under the authorization provided in this section, including, but not limited to, rates, number of individuals paying each fee, and the revenue generated by each fee in the previous fiscal year. Sec. 302. (1) The department may contract with or provide grants to local units of government, institutions of higher education, or nonprofit organizations to support activities authorized by appropriations in part 1. As used in this section, contracts and grants include, but are not limited to, contracts for delivery of groundwater/freshwater programs, MAEAP technical assistance, forest management, invasive species monitoring, wildlife risk mitigation, grants promoting proper pesticide disposal, and research grants for the purpose of enhancing the agricultural industries in this state. (2) The department shall provide notice of contracts or grants authorized under this section to the subcommittees and the fiscal agencies not later than 7 days before the department notifies contract or grant recipients. Sec. 303. It is the intent of the legislature that the department use revenue from licensing and inspection fees to increase the use of technology in licensing and inspection activities to make licensing and inspection functions, including reporting, more efficient. The department shall work to ensure that all license and registration applications can be completed online through a secure web portal. FOOD AND DAIRY Sec. 401. (1) The department shall report on the previous calendar year’s activities of the food and dairy division. The report shall include information on activities and outcomes of the dairy safety and inspection program, the food safety inspection program, the foodborne illness and emergency response program, and the food service program. (2) The report shall include information on significant foodborne outbreaks and emergencies, including any enforcement actions taken related to food safety during the prior calendar year. (3) The report shall be transmitted to the subcommittees and the fiscal agencies and posted to the department’s website on or before April 1 of each year. Sec. 403. It is the intent of the legislature that the department work with the FDA and representatives of agriculture producers to develop on‑farm food safety education and training programs to assist producers in implementing the food 1106 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 safety modernization act, Public Law 111‑353, requirements. The department may receive and expend federal revenues in excess of the federal revenue appropriated in part 1, section 104, for food safety modernization act, Public Law 111‑353, education and training program activities. The department shall notify the subcommittees and the fiscal agencies prior to expending federal revenues authorized under this section. ANIMAL INDUSTRY Sec. 451. From the funds appropriated in part 1 for bovine tuberculosis, the department shall pay for all whole herd testing costs and individual animal testing costs in the modified accredited zone to maintain split‑state status requirements. These costs include indemnity and compensation for injury causing death or downer to animals. Sec. 452. The department shall report on the previous calendar year’s activities of the animal industry division. The report shall be transmitted to the subcommittees and the fiscal agencies and posted to the department’s website on or before April 1 of each year. Sec. 453. (1) From the funds appropriated in part 1 for animal disease prevention and response, the department may provide for indemnity pursuant to the animal industry act, 1988 PA 466, MCL 287.701 to 287.746, not to exceed $100,000.00 per order. Any indemnification agreement between the department and an owner of livestock that exceeds $100,000.00 shall be subject to specific appropriation by the legislature. (2) The department shall not make an indemnification payment under the animal industry act, 1988 PA 466, MCL 287.701 to 287.746, until the department provides all of the following information to the subcommittees and the fiscal agencies: (a) The reason for the indemnification. (b) The amount of the indemnification. (c) The person to whom the indemnification is to be paid. (3) From the funds appropriated in part 1 for indemnification ‑ livestock depredation, the department shall make indemnification payments for livestock killed by a wolf, coyote, or cougar pursuant to the wildlife depredation indemnification act, 2012 PA 487, MCL 285.361 to 285.365. (4) On or before March 1, 2017, the department shall report to the subcommittees and the fiscal agencies on indemnification payments for livestock depredation made in the previous fiscal year. The report shall include all of the following information: (a) The reason for the indemnification. (b) The amount of the indemnification. (c) The person to whom the indemnification was paid. Sec. 454. The department shall use its resources to collaborate with the USDA to monitor bovine TB, consistent with the May 2014 memorandum of understanding between the department and the USDA. Sec. 457. (1) On or before October 15, 2016, the department shall provide to the subcommittees and the fiscal agencies a report on bovine TB status and department activities. (2) For each fiscal quarter following the report required in subsection (1), the department shall provide an update to the subcommittees and fiscal agencies. The quarterly update reports shall identify significant impacts to the program, including new incidence of bovine TB in this state, department activity associated with specific new incidence of bovine TB, any changes in USDA requirements or movement orders, information and data on: wildlife risk mitigation plan implementation in the modified accredited zone; implementation of a movement certificate process; progress toward annual surveillance test requirements; efforts to work with slaughter facilities in Michigan, as well as those that slaughter a significant number of animals from Michigan; educational programs and information for Michigan’s livestock community; any other item the legislature should be aware of that will promote or hinder efforts to achieve bovine TB‑free status for Michigan. Sec. 458. From the funds appropriated in part 1 for animal industry, the department shall provide inspection and testing of aquaculture facilities and aquaculture researchers as provided under section 7 of the Michigan aquaculture development act, 1996 PA 199, MCL 286.877. Sec. 459. It is the intent of the legislature that the department shall not conduct whole herd bovine TB testing on any 1 herd in a TB‑free zone more often than every 4 years or re‑test until all other herds in their county have been tested, unless involved in an epidemiological investigation, there is an outbreak within a 10‑radius‑mile area, or is not on a verified wildlife risk mitigated premises. If there is an outbreak within a 10‑radius‑mile area, protocols outlined by the current memorandum of understanding with the USDA shall be used. PESTICIDE AND PLANT PEST MANAGEMENT Sec. 501. The department shall report on the previous calendar year’s activities of the pesticide and plant pest management division. The report shall be transmitted to the subcommittees and the fiscal agencies and posted to the department’s website on or before April 1 of each year. ENVIRONMENTAL STEWARDSHIP Sec. 601. The funds appropriated in part 1 for environmental stewardship/MAEAP shall be used to support department agriculture pollution prevention programs, including groundwater and freshwater protection programs under part 87 of the Michigan natural resources and environmental protection act, 1994 PA 451, MCL 324.8701 to 324.8717, and technical assistance in implementing conservation grants available under the federal farm bill of 2014. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1107 Sec. 602. The department shall report on the previous calendar year’s activities of the environmental stewardship division. The report shall be transmitted to the subcommittees and the fiscal agencies and posted to the department’s website on or before April 1 of each year. Sec. 604. The department may receive and expend federal revenues in excess of the federal revenue appropriated in part 1, section 107, for environmental stewardship and MAEAP activities. The department shall notify the subcommittees and the fiscal agencies prior to expending federal revenues authorized under this section. Sec. 608. (1) The appropriations in part 1 for qualified forest affidavit program are for the purpose of increasing the knowledge of nonindustrial private forestland owners of sound forest management practices and increasing the amount of commercial timber production from those lands. (2) The department shall work in partnership with stakeholder groups and other state and federal agencies to increase the active management of nonindustrial private forestland to foster the growth of Michigan’s timber product industry. LABORATORY PROGRAM Sec. 651. The department shall report on the previous calendar year’s activities of the laboratory division. The report shall be transmitted to the subcommittees and the fiscal agencies and posted to the department’s website on or before April 1 of each year. Sec. 652. The laboratory program shall increase turnaround times in the Geagley laboratory from 30%‑50% to 75%‑80% and implement a risk‑based inspection program on devices and package content in the consumer protection program in the current fiscal year. The purpose of these programs is to ensure the protection of consumers from economic harm due to labeling or measurement fraud and to ensure the safety of the food supply. The department will track the outcome of the program by measuring sample analysis turnaround times and the percentage of compliant measurement devices inspected in the fiscal year. AGRICULTURE DEVELOPMENT Sec. 701. (1) From the funds appropriated in part 1 for value‑added grants, the department shall do both of the following: (a) Establish and administer a competitive grant program. (b) Establish and administer a food and agriculture investment program. (2) Both programs established in subsection (1) shall promote the expansion of value‑added agricultural production, processing, and access within the state. (3) In addition to the funds appropriated in part 1, the department may receive and expend funds received from outside sources for the competitive grant program and the food and agricultural investment program. (4) Grantees funded through the competitive grant program will be required to provide a cash match and identify measurable project outcomes. Eligible grantees may include, but are not limited to, individuals, partnerships, cooperatives, and private or public corporations. (5) For the competitive grant program, a joint evaluation committee shall be selected by the director consisting of representatives that have agriculture, business, and economic development expertise. The joint evaluation committee shall identify criteria, evaluate applications, and provide recommendations to the director for final approval of grant awards. (6) The department shall provide a year‑end report on the competitive grant program no later than September 30 of the current fiscal year to the subcommittees and the fiscal agencies, which shall include a listing of the grantees, award amounts, match funding, and project outcomes. (7) The food and agriculture investment program shall be administered by the department to provide support for food and agriculture projects that will help expand food and agriculture processing in order to enable growth in the industry and Michigan’s economy. The department shall identify specific outcomes and performance metrics for each project. Prior to the allocation of funding, all projects shall receive approval from the Michigan commission of agriculture and rural development. (8) The unexpended portion of the valued‑added grants program shall be considered a work project appropriation in accordance with the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. (9) The department may expend money from the funds appropriated in part 1 for value‑added grants for administration of the program. Sec. 702. The department shall work with the rural development fund board to establish a process and criteria for funding projects as well as establishing metrics and measurable outcomes for the program. Funds appropriated from the rural development fund shall be used in accordance with the provisions of 2012 PA 41. Sec. 706. (1) The department shall report on the previous calendar year’s activities of the agriculture development division. The report shall be transmitted to the subcommittees and the fiscal agencies and posted to the department’s website on or before April 1 of each year. (2) The report shall include the following information on any grants awarded during the prior fiscal year: (a) The name of the grantee. (b) The amount of the grant. (c) The purpose of the grant, including measurable outcomes. (d) Additional state, federal, private, or local funds contributed to the grant project. (e) The completion date of grant‑funded activities. 1108 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Sec. 709. (1) Not later than April 1 of the current fiscal year, the department shall provide a report to the subcommittees and the fiscal agencies describing the activities of the grape and wine industry council established under section 303 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1303. (2) The report shall include all of the following: (a) Council activities and accomplishments for the previous fiscal year. (b) Council expenditures for the previous fiscal year by category of administration, industry support, research and education grants, and promotion and consumer education. (c) Grants awarded during the previous fiscal year and the results of research grant projects completed during the previous fiscal year. FAIRS AND EXPOSITIONS Sec. 801. All appropriations from the agriculture equine industry development fund shall be spent on equine‑related purposes. No funds from the agriculture equine industry development fund shall be expended for nonequine‑related purposes without prior approval of the legislature. Sec. 802. All appropriations from the agriculture equine industry development fund, except for the Michigan gaming control board’s regulatory expenses and the department’s expenses to administer horse racing programs and laboratory analysis, shall be reduced proportionately if revenues to the agriculture equine industry development fund decline during the preceding fiscal year to a level lower than the amounts appropriated in part 1. Sec. 804. It is the intent of the legislature that the Michigan gaming control board shall use actual expenditure data in determining the actual regulatory costs of conducting racing dates and shall provide that data to the senate and house of representatives appropriations subcommittees on agriculture and rural development and general government and the fiscal agencies by November 1 of the current fiscal year. The Michigan gaming control board shall not be reimbursed for more than the actual regulatory cost of conducting race dates. If a certified horsemen’s organization funds more than the actual regulatory cost, the balance shall remain in the agriculture equine industry development fund to be used to fund subsequent race dates conducted by race meeting licensees with which the certified horsemen’s organization has contracts. If a certified horsemen’s organization funds less than the actual regulatory costs of the additional horse racing dates, the Michigan gaming control board shall reduce the number of future race dates conducted by race meeting licensees with which the certified horsemen’s organization has contracts. Prior to the reduction in the number of authorized race dates due to budget deficits, the executive director of the Michigan gaming control board shall provide notice to the certified horsemen’s organizations with an opportunity to respond with alternatives. In determining actual costs, the Michigan gaming control board shall take into account that each specific breed may require different regulatory mechanisms. Sec. 805. (1) The department shall establish and administer a county fairs, shows, and exhibitions grant program. The program shall have the following objectives: (a) Assist in the promotion of building improvements or other capital improvements at county fairgrounds of the state. (b) Provide financial support, promotion, prizes, and premiums of equine, livestock, and other agricultural commodity expositions in the state. (2) The department shall award grants on a competitive basis to county fair organizations from the funds appropriated in part 1 for county fairs, shows, and exhibitions grants. Grantees will be required to provide a dollar‑for‑dollar cash match with grant awards and identify measurable project outcomes. A county fair organization that received a county fair capital improvement grant in the prior fiscal year shall not receive a grant from the appropriation in part 1, unless otherwise designated to receive a grant within this section. (3) From the amount appropriated in part 1 for county fairs, shows, and expositions, up to $20,000.00 shall be expended for the purpose of financial support, promotion, prizes, and premiums of equine, livestock, and other agricultural commodity expositions in this state. (4) The department shall award grants for the purposes stipulated in subsection (3) on a competitive basis to persons organizing shows and expositions. Grantees will be required to provide a dollar‑for‑dollar cash match with grant awards and identify measurable project outcomes. (5) The department shall identify criteria, evaluate applications, and provide recommendations to the director for final approval of grant awards. (6) From the funds appropriated in part 1, for county fairs, shows, and exhibitions grants, $60,000.00 shall be used to support capital improvements to the dairy barn at the Lenawee County fair. (7) From the funds appropriated in part 1, for county fairs, shows, and exhibitions grants, $50,000.00 shall be used to make capital improvements to the horse judging booth at the Tuscola County fair. (8) From the funds appropriated in part 1, for county fairs, shows, and exhibitions grants, $40,000.00 shall be used to make capital improvements to the streets within the Monroe County fairgrounds to improve handicap accessibility. (9) The department may expend money from the funds appropriated in part 1 for the county fairs, shows, and exhibitions grants for administering the program. (10) The unexpended portion of the county fairs, shows, and exhibitions grants is considered a work project appropriation in accordance with the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1109 (11) The department shall provide a year‑end report on the county fairs, shows, and exhibitions grants no later than December 1, 2017 to the subcommittees and the fiscal agencies, which shall include a listing of the grantees, award amounts, match funding, and project outcomes. PART 2A PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS FOR FISCAL YEAR 2017‑2018 GENERAL SECTIONS Sec. 1201. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2018 for the line items listed in part 1. The fiscal year 2017‑2018 appropriations are anticipated to be the same as those for fiscal year 2016‑2017, except that the line items will be adjusted for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2017 consensus revenue estimating conference. ARTICLE II CAPITAL OUTLAY PART 1 LINE‑ITEM APPROPRIATIONS FOR FISCAL YEAR 2015‑2016 Sec. 101. There is appropriated for the various state departments and agencies and capital outlay to supplement appropriations for the fiscal year ending September 30, 2016, from the following funds: APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ 501,600 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 0 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 501,600 Federal revenues: Total federal revenues................................................................................................................... 0 Special revenue funds: Total local revenues...................................................................................................................... 0 Total private revenues................................................................................................................... 0 Total other state restricted revenues............................................................................................. 0 State general fund/general purpose.............................................................................................. $ 501,600 Sec. 102. CAPITAL OUTLAY (1) APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ 501,600 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 0 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 501,600 Federal revenues: Total federal revenues................................................................................................................... 0 Special revenue funds: Total local revenues...................................................................................................................... 0 Total private revenues................................................................................................................... 0 Total other state restricted revenues............................................................................................. 0 State general fund/general purpose.............................................................................................. $ 501,600 (2) STATE AGENCY, COMMUNITY COLLEGE, AND UNIVERSITY PLANNING AUTHORIZATIONS Central Michigan University ‑ Center for Integrated Health Studies ‑ for program and planning to be paid for from university resources (estimated total authorized cost $26,000,000; state share $19,500,000; university share $6,500,000)..................................................................... $ 100 Eastern Michigan University ‑ Strong Hall renovation ‑ for program and planning to be paid for from university resources (estimated total authorized cost $39,536,000; state share $29,652,000; university share $9,884,000)............................................................................... 100 Grand Valley State University ‑ Health and Medical Sciences Laboratory and Classroom Building ‑ for program and planning to be paid for from university resources (estimated total authorized cost $70,000,000; state share $29,000,000; university share $41,000,000)... 100 Lake Superior State University ‑ Center for Freshwater Research and Education ‑ for program and planning to be paid for from university resources (estimated total authorized cost $11,800,000; state share $8,850,000; university share $2,950,000)......................................... 100 1110 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2016 University of Michigan ‑ Ann Arbor ‑ School of Dentistry renovation and addition ‑ for program and planning to be paid for from university resources (estimated total authorized cost $122,000,000; state share $30,000,000; university share $92,000,000)........................... $ University of Michigan ‑ Dearborn ‑ Engineering Laboratory Building replacement ‑ for program and planning to be paid for from university resources (estimated total authorized cost $90,000,000; state share $30,000,000; university share $60,000,000)............................. University of Michigan ‑ Flint ‑ Murchie Science Building expansion ‑ for program and planning to be paid from university resources (estimated total authorized cost $39,000,000; state share $29,250,000; university share $9,750,000)............................................................. Western Michigan University ‑ College of Aviation renovation and addition ‑ for program and planning to be paid from university resources (estimated total authorized cost $20,000,000; state share $15,000,000; university share $5,000,000)....................................... Delta College ‑ Saginaw Center ‑ for program and planning to be paid for from college resources (estimated total authorized cost $12,739,000; state share $6,369,500; college share $6,369,500)..................................................................................................................... Kellogg Community College ‑ Regional Manufacturing Technology Center renovation/ addition ‑ for program and planning to be paid for from community college resources (estimated total authorized cost $4,300,000; state share $2,150,000; community college share $2,150,000)..................................................................................................................... Monroe County Community College ‑ renovation of East and West Technology Buildings ‑ for program and planning to be paid for from community college resources (estimated total authorized cost $7,500,000; state share $3,750,000; community college share $3,750,000)............................................................................................................................... Muskegon Community College ‑ Health and Wellness Center ‑ for program and planning to be paid for from community college resources (estimated total authorized cost $14,100,000; state share $5,640,000; community college share $8,460,000)................................................ Northwestern Michigan College ‑ West Hall Innovation Center renovation and expansion ‑ for program and planning to be paid for from college resources (estimated total authorized cost $14,499,400; state share $7,249,700; college share $7,249,700)..................................... Southwestern Michigan College ‑ Nursing and Health Education Building renovation and expansion ‑ for program and planning to be paid for from college resources (estimated total authorized cost $8,000,000; state share $4,000,000; college share $4,000,000)............. Department of natural resources ‑ coolwater rearing hatchery improvements ‑ for program and planning to be paid for from state resources (estimated total authorized cost $12,242,500; state share $12,242,500)..................................................................................... Planning grant for department of health and human services ‑ Caro Center modernization....... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ (3) STATE BUILDING AUTHORITY FINANCED CONSTRUCTION AUTHORIZATIONS Ferris State University ‑ Swan Building annex renovation (total authorized cost $30,000,000; state building authority share $22,499,800; university share $7,500,000; state general fund share $200)............................................................................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ PART 2 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2015‑2016 100 100 100 100 100 100 100 100 100 100 100 500,000 501,500 501,500 100 100 100 GENERAL SECTIONS Sec. 201. In accordance with the provisions of section 30 of article IX of the state constitution of 1963, total state spending from state resources in this part for the fiscal year ending September 30, 2016 is $501,600.00 and state appropriations paid to local units of government are $600.00. Sec. 202. The appropriations made and expenditures authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1111 CAPITAL OUTLAY Sec. 301. For the state building authority financed construction authorization in part 1, the legislature hereby determines that the lease of the facility from the authority is for a public purpose as authorized by 1964 PA 183, MCL 830.411 to 830.425. The legislature approves and authorizes the lease and conveyance of the property to the state building authority, the state building authority acquiring the facility and leasing it to the state and the educational institution, as applicable, and the governor and secretary of state executing the lease for and on behalf of the state pursuant to the requirements of 1964 PA 183, MCL 830.411 to 830.425. Per the requirements of the lease, it is the intent of the legislature to annually appropriate sufficient amounts to pay the rent as obligated pursuant to the lease. ARTICLE V DEPARTMENT OF CORRECTIONS PART 1 LINE‑ITEM APPROPRIATIONS Sec. 101. There is appropriated for the department of corrections for the fiscal year ending September 30, 2017, from the following funds: DEPARTMENT OF CORRECTIONS APPROPRIATION SUMMARY Average population............................................................................................................ 43,655 Full‑time equated unclassified positions............................................................................... 16.0 Full‑time equated classified positions............................................................................ 13,803.9 GROSS APPROPRIATION.......................................................................................................... $ 2,002,729,000 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 0 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 2,002,729,000 Federal revenues: Total federal revenues................................................................................................................... 5,523,700 Special revenue funds: Total local revenues...................................................................................................................... 8,692,800 Total private revenues................................................................................................................... 0 Total other state restricted revenues............................................................................................. 36,554,600 State general fund/general purpose.............................................................................................. $ 1,951,957,900 Sec. 102. EXECUTIVE Full‑time equated unclassified positions........................................................................... 16.0 Full‑time equated classified positions............................................................................... 20.0 Unclassified positions—16.0 FTE positions................................................................................ $ 1,793,800 Executive direction—20.0 FTE positions..................................................................................... 4,208,600 GROSS APPROPRIATION.......................................................................................................... $ 6,002,400 Appropriated from: State general fund/general purpose.............................................................................................. $ 6,002,400 Sec. 103. PRISONER REENTRY AND COMMUNITY SUPPORT Full‑time equated classified positions............................................................................. 336.4 Prisoner reentry local service providers....................................................................................... $ 13,208,600 Prisoner reentry MDOC programs............................................................................................... 9,624,100 Prisoner reentry federal grants..................................................................................................... 750,000 Reentry services—70.0 FTE positions......................................................................................... 14,965,100 Education program—266.4 FTE positions................................................................................... 37,712,800 Community corrections comprehensive plans and services......................................................... 12,158,000 Felony drunk driver jail reduction and community treatment program....................................... 1,440,100 Residential services...................................................................................................................... 15,475,500 Public safety initiative.................................................................................................................. 4,500,000 Goodwill Flip the Script............................................................................................................... 1,500,000 GROSS APPROPRIATION.......................................................................................................... $ 111,334,200 Appropriated from: Federal revenues: DOJ, prisoner reintegration.......................................................................................................... 250,000 DOJ, second chance act reentry initiative.................................................................................... 500,000 Federal education funding............................................................................................................ 1,757,300 Special revenue funds: Program and special equipment fund........................................................................................... 5,213,200 State general fund/general purpose.............................................................................................. $ 103,613,700 1112 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 Sec. 104. BUDGET AND OPERATIONS ADMINISTRATION Full‑time equated classified positions............................................................................. 247.0 Budget and operations administration—185.0 FTE positions...................................................... $ 24,696,700 Prison industries operations—62.0 FTE positions....................................................................... 9,837,400 New custody staff training........................................................................................................... 9,216,500 Compensatory buyout and union leave bank................................................................................ 100 Worker’s compensation................................................................................................................. 14,171,300 Rent.............................................................................................................................................. 2,349,100 Equipment and special maintenance............................................................................................ 1,559,700 Administrative hearings officers................................................................................................... 3,407,100 Judicial data warehouse user fees................................................................................................ 50,000 Sheriffs’ coordinating and training office.................................................................................... 100,000 Prosecutorial and detainer expenses............................................................................................. 5,001,000 County jail reimbursement program............................................................................................. 15,064,600 GROSS APPROPRIATION.......................................................................................................... $ 85,453,500 Appropriated from: Federal revenues: DOJ, prison rape elimination act grant........................................................................................ 674,700 Special revenue funds: Jail reimbursement program fund................................................................................................. 5,900,000 Program and special equipment fund........................................................................................... 100 Local corrections officer training fund......................................................................................... 100,000 Correctional industries revolving fund......................................................................................... 10,451,800 State general fund/general purpose.............................................................................................. $ 68,326,900 Sec. 105. FIELD OPERATIONS ADMINISTRATION Full‑time equated classified positions.......................................................................... 2,194.6 Field operations—1,881.9 FTE positions..................................................................................... $ 213,669,400 Detroit Detention Center—63.1 FTE positions............................................................................ 8,487,400 Detroit Reentry Center—216.6 FTE positions............................................................................. 27,073,900 Parole board operations—33.0 FTE positions.............................................................................. 3,812,000 Parole/probation services.............................................................................................................. 940,000 Parole sanction certainty pilot program....................................................................................... 1,440,000 Supervising region incentive program.......................................................................................... 2,518,600 Criminal justice reinvestment....................................................................................................... 4,573,300 GROSS APPROPRIATION.......................................................................................................... $ 262,514,600 Appropriated from: Special revenue funds: Local ‑ community tether program reimbursement...................................................................... 205,400 Local revenues.............................................................................................................................. 8,487,400 Reentry center offender reimbursements...................................................................................... 24,300 Parole and probation oversight fees............................................................................................. 4,428,600 Parole and probation oversight fees set‑aside.............................................................................. 940,000 Tether program participant contributions..................................................................................... 2,480,900 State general fund/general purpose.............................................................................................. $ 245,948,000 Sec. 106. CORRECTIONAL FACILITIES ADMINISTRATION Full‑time equated classified positions............................................................................. 318.0 Correctional facilities administration—21.0 FTE positions......................................................... $ 5,046,600 Prison food service....................................................................................................................... 54,455,900 Transportation—211.0 FTE positions.......................................................................................... 24,913,200 Central records—52.0 FTE positions........................................................................................... 6,015,600 Inmate legal services.................................................................................................................... 790,900 Housing inmates in federal institutions........................................................................................ 611,000 Prison store operations—34.0 FTE positions............................................................................... 3,294,200 Leased beds and alternatives to leased beds................................................................................ 100 Public works programs................................................................................................................. 1,000,000 Cost‑effective housing initiative................................................................................................... 100 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1113 For Fiscal Year Ending Sept. 30, 2017 Inmate housing fund..................................................................................................................... $ 100 GROSS APPROPRIATION.......................................................................................................... $ 96,127,700 Appropriated from: Federal revenues: DOJ‑BOP, federal prisoner reimbursement.................................................................................. 411,000 SSA‑SSI, incentive payment........................................................................................................ 272,000 Special revenue funds: Correctional industries revolving fund......................................................................................... 569,000 Public works user fees.................................................................................................................. 1,000,000 Resident stores.............................................................................................................................. 3,294,200 State general fund/general purpose.............................................................................................. $ 90,581,500 Sec. 107. HEALTH CARE Full‑time equated classified positions.......................................................................... 1,464.1 Health care administration—21.0 FTE positions......................................................................... $ 3,690,800 Prisoner health care services........................................................................................................ 69,880,400 Vaccination program..................................................................................................................... 691,200 Interdepartmental grant to health and human services, eligibility specialists.............................. 100,000 Mental health services and support—372.0 FTE positions.......................................................... 60,465,700 Clinical complexes—1,051.1 FTE positions................................................................................ 143,622,300 Hepatitis C treatment.................................................................................................................... 14,935,000 Substance abuse testing and treatment services—8.0 FTE positions........................................... 21,590,600 Healthy Michigan plan administration—12.0 FTE positions....................................................... 1,100,700 GROSS APPROPRIATION.......................................................................................................... $ 316,076,700 Appropriated from: Federal revenues: Federal revenues and reimbursements.......................................................................................... 373,700 DOJ, Office of Justice Programs, RSAT...................................................................................... 250,200 Special revenue funds: Prisoner health care copayments.................................................................................................. 257,200 State general fund/general purpose.............................................................................................. $ 315,195,600 Sec. 108. CORRECTIONAL FACILITIES Average population........................................................................................................ 43,655 Full‑time equated classified positions.......................................................................... 9,223.8 Alger Correctional Facility ‑ Munising—260.0 FTE positions.................................................... $ 30,592,600 Baraga Correctional Facility ‑ Baraga—294.8 FTE positions..................................................... 35,293,400 Bellamy Creek Correctional Facility ‑ Ionia—390.2 FTE positions............................................ 43,795,600 Earnest C. Brooks Correctional Facility ‑ Muskegon—440.9 FTE positions.............................. 50,687,600 Carson City Correctional Facility ‑ Carson City—425.4 FTE positions..................................... 48,491,500 Central Michigan Correctional Facility ‑ St. Louis—391.6 FTE positions................................. 46,681,300 Chippewa Correctional Facility ‑ Kincheloe—435.1 FTE positions............................................ 50,344,100 Cooper Street Correctional Facility ‑ Jackson—263.1 FTE positions......................................... 29,702,000 G. Robert Cotton Correctional Facility ‑ Jackson—392.3 FTE positions.................................... 44,413,200 Charles E. Egeler Correctional Facility ‑ Jackson—374.6 FTE positions................................... 44,425,500 Richard A. Handlon Correctional Facility ‑ Ionia—252.7 FTE positions................................... 29,795,100 Gus Harrison Correctional Facility ‑ Adrian—442.6 FTE positions............................................ 49,366,400 Ionia Correctional Facility ‑ Ionia—286.3 FTE positions........................................................... 33,682,200 Kinross Correctional Facility ‑ Kincheloe—268.1 FTE positions............................................... 33,138,100 Lakeland Correctional Facility ‑ Coldwater—279.4 FTE positions............................................. 33,268,200 Macomb Correctional Facility ‑ New Haven—294.8 FTE positions........................................... 34,622,300 Marquette Branch Prison ‑ Marquette—321.7 FTE positions...................................................... 39,175,100 Michigan Reformatory ‑ Ionia—311.7 FTE positions................................................................. 35,418,300 Muskegon Correctional Facility ‑ Muskegon—205.0 FTE positions........................................... 25,400,500 Newberry Correctional Facility ‑ Newberry—200.1 FTE positions............................................. 24,345,100 Oaks Correctional Facility ‑ Eastlake—290.4 FTE positions...................................................... 34,072,200 Ojibway Correctional Facility ‑ Marenisco—203.1 FTE positions.............................................. 23,486,000 Parnall Correctional Facility ‑ Jackson—260.0 FTE positions.................................................... 28,374,500 1114 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 Saginaw Correctional Facility ‑ Freeland—274.9 FTE positions................................................ $ 32,909,600 Special Alternative Incarceration Program ‑ Cassidy Lake—119.0 FTE positions..................... 13,733,700 St. Louis Correctional Facility ‑ St. Louis—303.6 FTE positions............................................... 36,687,100 Thumb Correctional Facility ‑ Lapeer—283.6 FTE positions..................................................... 32,997,500 Womens Huron Valley Correctional Complex ‑ Ypsilanti—501.9 FTE positions....................... 59,117,400 Woodland Correctional Facility ‑ Whitmore Lake—284.9 FTE positions................................... 33,272,600 Future facility............................................................................................................................... 100 Northern region administration and support—48.0 FTE positions.............................................. 5,551,100 Southern region administration and support—124.0 FTE positions............................................ 24,098,000 GROSS APPROPRIATION.......................................................................................................... $ 1,086,937,900 Appropriated from: Federal revenues: DOJ, state criminal alien assistance program.............................................................................. 1,034,800 Special revenue funds: State restricted revenues and reimbursements.............................................................................. 102,100 State general fund/general purpose.............................................................................................. $ 1,085,801,000 Sec. 109. INFORMATION TECHNOLOGY Information technology services and projects.............................................................................. $ 28,813,300 GROSS APPROPRIATION.......................................................................................................... $ 28,813,300 Appropriated from: Special revenue funds: Correctional industries revolving fund......................................................................................... 177,100 Parole and probation oversight fees set‑aside.............................................................................. 694,800 Program and special equipment fund........................................................................................... 440,000 State general fund/general purpose.............................................................................................. $ 27,501,400 Sec. 110. ONE‑TIME APPROPRIATIONS New custody staff training........................................................................................................... $ 8,506,100 Ballistic vests................................................................................................................................ 481,300 Supervising region incentive program.......................................................................................... 481,300 GROSS APPROPRIATION.......................................................................................................... $ 9,468,700 Appropriated from: Special revenue funds: Program and special equipment fund........................................................................................... 481,300 State general fund/general purpose.............................................................................................. $ 8,987,400 PART 2 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2016‑2017 GENERAL SECTIONS Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2016‑2017 is $1,988,512,500.00 and state spending from state resources to be paid to local units of government for fiscal year 2016‑2017 is $111,888,200.00. The itemized statement below identifies appropriations from which spending to local units of government will occur: DEPARTMENT OF CORRECTIONS Field operations ‑ assumption of county probation staff.............................................................. $ 61,749,900 Community corrections comprehensive plans and services......................................................... 12,158,000 Reentry services – intensive detention reentry program.............................................................. 1,500,000 Residential services...................................................................................................................... 15,475,500 County jail reimbursement program............................................................................................. 15,064,600 Felony drunk driver jail reduction and community treatment program....................................... 1,440,100 Leased beds and alternatives to leased beds................................................................................ 100 Public safety initiative.................................................................................................................. 4,500,000 TOTAL.......................................................................................................................................... $ 111,888,200 Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. Sec. 203. As used in this part and part 1: (a) “Administrative segregation” means confinement for maintenance of order or discipline to a cell or room apart from accommodations provided for inmates who are participating in programs of the facility. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1115 (b) “Cost per prisoner” means the sum total of the funds appropriated under part 1 for the following, divided by the projected prisoner population in fiscal year 2016‑2017: (i) Correctional facilities. (ii) Northern and southern region administration and support. (iii) Clinical and mental health services and support. (iv) Prisoner health care services. (v) Vaccination program. (vi) Prison food service. (vii) Transportation. (viii) Inmate legal services. (ix) Correctional facilities administration. (x) Central records. (xi) Worker’s compensation. (xii) New custody staff training. (xiii) Prison store operations. (xiv) Education program. (c) “Department” or “MDOC” means the Michigan department of corrections. (d) “DOJ” means the United States Department of Justice. (e) “DOJ‑BOP” means the DOJ Bureau of Prisons. (f) “EPIC program” means the department’s effective process improvement and communications program. (g) “Evidence‑based practices” or “EBP” means a decision‑making process that integrates the best available research, clinician expertise, and client characteristics. (h) “FTE” means full‑time equated. (i) “Goal” means the intended or projected result of a comprehensive corrections plan or community corrections program to reduce repeat offending, criminogenic and high‑risk behaviors, prison commitment rates, to reduce the length of stay in a jail, or to improve the utilization of a jail. (j) “IDG” means interdepartmental grant. (k) “Jail” means a facility operated by a local unit of government for the physical detention and correction of persons charged with or convicted of criminal offenses. (l) “MDHHS” means the Michigan department of health and human services. (m) “MDSP” means the Michigan department of state police. (n) “Medicaid benefit” means a benefit paid or payable under a program for medical assistance under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b. (o) “Objective risk and needs assessment” means an evaluation of an offender’s criminal history; the offender’s noncriminal history; and any other factors relevant to the risk the offender would present to the public safety, including, but not limited to, having demonstrated a pattern of violent behavior, and a criminal record that indicates a pattern of violent offenses. (p) “OCC” means office of community corrections. (q) “Offender eligibility criteria” means particular criminal violations, state felony sentencing guidelines descriptors, and offender characteristics developed by advisory boards and approved by local units of government that identify the offenders suitable for community corrections programs funded through the office of community corrections. (r) “Offender success” means that an offender has, with the support of the community, intervention of the field agent, and benefit of any participation in programs and treatment, made an adjustment while at liberty in the community such that he or she has not been sentenced to or returned to prison for the conviction of a new crime or the revocation of probation or parole. (s) “Offender target populations” means felons or misdemeanants who would likely be sentenced to imprisonment in a state correctional facility or jail, who would not likely increase the risk to the public safety based on an objective risk and needs assessment that indicates that the offender can be safely treated and supervised in the community. (t) “Offender who would likely be sentenced to imprisonment” means either of the following: (i) A felon or misdemeanant who receives a sentencing disposition that appears to be in place of incarceration in a state correctional facility or jail, according to historical local sentencing patterns. (ii) A currently incarcerated felon or misdemeanant who is granted early release from incarceration to a community corrections program or who is granted early release from incarceration as a result of a community corrections program. (u) “Programmatic success” means that the department program or initiative has ensured that the offender has accomplished all of the following: (i) Obtained employment, has enrolled or participated in a program of education or job training, or has investigated all bona fide employment opportunities. (ii) Obtained housing. (iii) Obtained a state identification card. 1116 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (v) “Recidivism” means the return of an individual to prison within 3 years after he or she is released either with a new sentence to prison or as a technical violator of parole conditions. (w) “RSAT” means residential substance abuse treatment. (x) “Serious emotional disturbance” means that term as defined in section 100d(2) of the mental health code, 1974 PA 328, MCL 330.1100d. (y) “Serious mental illness” means that term as defined in section 100d(3) of the mental health code, 1974 PA 328, MCL 330.1100d. (z) “SSA” means the United States Social Security Administration. (aa) “SSA‑SSI” means SSA supplemental security income. Sec. 206. The department shall not take disciplinary action against an employee or a prisoner for communicating with a member of the legislature or his or her staff. Sec. 208. The department shall use the Internet to fulfill the reporting requirements of this part. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement or it may include placement of reports on an Internet or Intranet site. Sec. 209. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference should be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality. Sec. 211. The department may charge fees and collect revenues in excess of appropriations in part 1 not to exceed the cost of offender services and programming, employee meals, parolee loans, academic/vocational services, custody escorts, compassionate visits, union steward activities, and public works programs and services provided to local units of government or private nonprofit organizations. The revenues and fees collected are appropriated for all expenses associated with these services and activities. Sec. 212. On a quarterly basis, the department shall report on the number of full‑time equated positions in pay status by civil service classification to the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, and the senate and house fiscal agencies. This report shall include a detailed accounting of the long‑term vacancies that exist within each department. As used in this subsection, “long‑term vacancy” means any full‑time equated position that has not been filled at any time during the past 24 calendar months. Sec. 214. The department shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short‑term and long‑term retention of records shall be followed. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines. Sec. 216. The department shall prepare a report on out‑of‑state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget director. The report shall include the following information: (a) The dates of each travel occurrence. (b) The total transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues. Sec. 219. (1) Any contract for prisoner telephone services entered into after the effective date of this section shall include a condition that fee schedules for prisoner telephone calls, including rates and any surcharges other than those necessary to meet program and special equipment costs, be the same as fee schedules for calls placed from outside of correctional facilities. (2) Revenues appropriated and collected for program and special equipment funds shall be considered state restricted revenue. Funding shall be used for prisoner programming, special equipment, and security projects. Unexpended funds remaining at the close of the fiscal year shall not lapse to the general fund but shall be carried forward and be available for appropriation in subsequent fiscal years. (3) The department shall submit a report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget director by February 1 outlining revenues and expenditures from program and special equipment funds. The report shall include all of the following: (a) A list of all individual projects and purchases financed with program and special equipment funds in the immediately preceding fiscal year, the amounts expended on each project or purchase, and the name of each vendor the products or services were purchased from. (b) A list of planned projects and purchases to be financed with program and special equipment funds during the current fiscal year, the amounts to be expended on each project or purchase, and the name of each vendor for which the products or services were purchased. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1117 (c) A review of projects and purchases planned for future fiscal years from program and special equipment funds. Sec. 220. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the fiscal year. This report shall summarize the projected year‑end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and the senate and house fiscal agencies. Sec. 221. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for the department: (a) Fiscal year‑to‑date expenditures by category. (b) Fiscal year‑to‑date expenditures by appropriation unit. (c) Fiscal year‑to‑date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description. (d) The number of active department employees by job classification. (e) Job specifications and wage rates. Sec. 223. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 229. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the chairpersons of the senate and house appropriations committees, the chairpersons of the senate and house appropriations subcommittees on corrections, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2016 and September 30, 2017. Sec. 230. Funds appropriated in part 1 shall not be used by the department to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes. Sec. 231. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department’s performance. Sec. 239. It is the intent of the legislature that the department establish and maintain a management‑to‑staff ratio of not more than 1 supervisor for each 8 employees at the department’s central office in Lansing and at both the northern and southern region administration offices. Sec. 246. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2017 are $337,858,200.00. From this amount, total department appropriations for pension‑related legacy costs are estimated at $187,327,100.00. Total department appropriations for retiree health care legacy costs are estimated at $150,531,100.00. EXECUTIVE Sec. 301. For 3 years after a felony offender is released from the department’s jurisdiction, the department shall maintain the offender’s file on the offender tracking information system and make it publicly accessible in the same manner as the file of the current offender. However, the department shall immediately remove the offender’s file from the offender tracking information system upon determination that the offender was wrongfully convicted and the offender’s file is not otherwise required to be maintained on the offender tracking information system. Sec. 304. The department shall maintain a staff savings initiative program in conjunction with the EPIC program for employees to submit suggestions for efficiencies for the department. The department shall consider each suggestion in a timely manner. By March 1, the department shall report to the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director on process improvements that were implemented based on suggestions that were recommended for implementation from the staff savings initiative and EPIC programs. PRISONER REENTRY AND COMMUNITY SUPPORT Sec. 401. The department shall submit 3‑year and 5‑year prison population projection updates concurrent with submission of the executive budget recommendation to the senate and house appropriations subcommittees on corrections, 1118 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director. The report shall include explanations of the methodology and assumptions used in developing the projection updates. Sec. 402. By March 1, the department shall provide a report on prisoner reentry expenditures and allocations to the members of the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director. At a minimum, the report shall include information on both of the following: (a) Details on prior‑year expenditures, including amounts spent on each project funded, itemized by service provided and service provider. (b) Allocations and planned expenditures for each project funded and for each project to be funded, itemized by service to be provided and service provider. The department shall provide an amended report quarterly, if any revisions to allocations or planned expenditures occurred during that quarter. Sec. 405. By March 1, the department shall report to the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director on substance abuse testing and treatment program objectives, outcome measures, and results, including program impact on offender success and programmatic success. Sec. 407. By June 30, the department shall place the statistical report from the immediately preceding calendar year on an Internet site. The statistical report shall include, but not be limited to, the information as provided in the 2004 statistical report. Sec. 408. The department shall measure the recidivism rates of offenders. Sec. 409. (1) The department shall engage with the talent investment agency within the department of talent and economic development and local entities to design services and shall use appropriations provided in part 1 for reentry and vocational education programs. The department shall ensure that the collaboration provides relevant professional development opportunities to prisoners to ensure that the programs are high quality, demand driven, locally receptive, and responsive to the needs of communities where the prisoners are expected to reside after their release from correctional facilities. The programs shall begin upon the intake of the prisoner into a department facility. (2) It is the intent of the legislature that the workforce development programming continue through the entire duration of the prisoner’s incarceration to encourage employment upon release. (3) By March 1, the department shall provide a report to the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, and the senate and house fiscal agencies detailing the results of the workforce development program. Sec. 410. (1) The funds included in part 1 for community corrections comprehensive plans and services are to encourage the development through technical assistance grants, implementation, and operation of community corrections programs that enhance offender success and that also may serve as an alternative to incarceration in a state facility or jail. The comprehensive corrections plans shall include an explanation of how the public safety will be maintained, the goals for the local jurisdiction, offender target populations intended to be affected, offender eligibility criteria for purposes outlined in the plan, and how the plans will meet the following objectives, consistent with section 8(4) of the community corrections act, 1988 PA 511, MCL 791.408: (a) Reduce admissions to prison of offenders who would likely be sentenced to imprisonment, including probation violators. (b) Improve the appropriate utilization of jail facilities, the first priority of which is to open jail beds intended to house otherwise prison‑bound felons, and the second priority being to appropriately utilize jail beds so that jail crowding does not occur. (c) Open jail beds through the increase of pretrial release options. (d) Reduce the readmission to prison of parole violators. (e) Reduce the admission or readmission to prison of offenders, including probation violators and parole violators, for substance abuse violations. (f) Contribute to offender success. (2) The award of community corrections comprehensive plans and residential services funds shall be based on criteria that include, but are not limited to, the prison commitment rate by category of offenders, trends in prison commitment rates and jail utilization, historical trends in community corrections program capacity and program utilization, and the projected impact and outcome of annual policies and procedures of programs on offender success, prison commitment rates, and jail utilization. (3) Funds awarded for residential services in part 1 shall provide for a per diem reimbursement of not more than $47.50 for nonaccredited facilities, or of not more than $48.50 for facilities that have been accredited by the American Corrections Association or a similar organization as approved by the department. Sec. 411. The comprehensive corrections plans shall also include, where appropriate, descriptive information on the full range of sanctions and services that are available and utilized within the local jurisdiction and an explanation of how jail beds, residential services, the special alternative incarceration program, probation detention centers, the electronic monitoring program for probationers, and treatment and rehabilitative services will be utilized to support the objectives No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1119 and priorities of the comprehensive corrections plans and the purposes and priorities of section 8(4) of the community corrections act, 1988 PA 511, MCL 791.408, that contribute to the success of offenders. The plans shall also include, where appropriate, provisions that detail how the local communities plan to respond to sentencing guidelines found in chapter XVII of the code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69, and use the county jail reimbursement program under section 414. The state community corrections board shall encourage local community corrections advisory boards to include in their comprehensive corrections plans strategies to collaborate with local alcohol and drug treatment agencies of the MDHHS for the provision of alcohol and drug screening, assessment, case management planning, and delivery of treatment to alcohol‑ and drug‑involved offenders. Sec. 412. (1) As part of the March biannual report specified in section 12(2) of the community corrections act, 1988 PA 511, MCL 791.412, that requires an analysis of the impact of that act on prison admissions and jail utilization, the department shall submit to the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director the following information for each county and counties consolidated for comprehensive corrections plans: (a) Approved technical assistance grants and comprehensive corrections plans including each program and level of funding, the utilization level of each program, and profile information of enrolled offenders. (b) If federal funds are made available, the number of participants funded, the number served, the number successfully completing the program, and a summary of the program activity. (c) Status of the community corrections information system and the jail population information system. (d) Data on residential services, including participant data, participant sentencing guideline scores, program expenditures, average length of stay, and bed utilization data. (e) Offender disposition data by sentencing guideline range, by disposition type, by prior record variable score, by number and percent statewide and by county, current year, and comparisons to the previous 3 years. (f) Data on the use of funding made available under the felony drunk driver jail reduction and community treatment program. (2) The report required under subsection (1) shall include the total funding allocated, program expenditures, required program data, and year‑to‑date totals. Sec. 413. (1) The department shall identify and coordinate information regarding the availability of and the demand for community corrections programs, jail‑based community corrections programs, jail‑based probation violation sanctions, and all state‑required jail data. (2) The department is responsible for the collection, analysis, and reporting of all state‑required jail data. (3) As a prerequisite to participation in the programs and services offered through the department, counties shall provide necessary jail data to the department. Sec. 414. (1) The department shall administer a county jail reimbursement program from the funds appropriated in part 1 for the purpose of reimbursing counties for housing in jails certain felons who otherwise would have been sentenced to prison. (2) The county jail reimbursement program shall reimburse counties for convicted felons in the custody of the sheriff if the conviction was for a crime committed on or after January 1, 1999 and 1 of the following applies: (a) The felon’s sentencing guidelines recommended range upper limit is more than 18 months, the felon’s sentencing guidelines recommended range lower limit is 12 months or less, the felon’s prior record variable score is 35 or more points, and the felon’s sentence is not for commission of a crime in crime class G or crime class H or a nonperson crime in crime class F under chapter XVII of the code of criminal procedure, 1927 PA 175, MCL 777.1 to 777.69. (b) The felon’s minimum sentencing guidelines range minimum is more than 12 months under the sentencing guidelines described in subdivision (a). (c) The felon was sentenced to jail for a felony committed while he or she was on parole and under the jurisdiction of the parole board and for which the sentencing guidelines recommended range for the minimum sentence has an upper limit of more than 18 months. (3) State reimbursement under this subsection shall be $65.00 per diem per diverted offender for offenders with a presumptive prison guideline score, $55.00 per diem per diverted offender for offenders with a straddle cell guideline for a group 1 crime, and $40.00 per diem per diverted offender for offenders with a straddle cell guideline for a group 2 crime. Reimbursements shall be paid for sentences up to a 1‑year total. (4) As used in this subsection: (a) “Group 1 crime” means a crime in 1 or more of the following offense categories: arson, assault, assaultive other, burglary, criminal sexual conduct, homicide or resulting in death, other sex offenses, robbery, and weapon possession as determined by the department of corrections based on specific crimes for which counties received reimbursement under the county jail reimbursement program in fiscal year 2007 and fiscal year 2008, and listed in the county jail reimbursement program document titled “FY 2007 and FY 2008 Group One Crimes Reimbursed”, dated March 31, 2009. (b) “Group 2 crime” means a crime that is not a group 1 crime, including larceny, fraud, forgery, embezzlement, motor vehicle, malicious destruction of property, controlled substance offense, felony drunk driving, and other nonassaultive offenses. 1120 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (c) “In the custody of the sheriff” means that the convicted felon has been sentenced to the county jail and is either housed in the county jail or has been released from jail and is being monitored through the use of the sheriff’s electronic monitoring system. (5) County jail reimbursement program expenditures shall not exceed the amount appropriated in part 1 for the county jail reimbursement program. Payments to counties under the county jail reimbursement program shall be made in the order in which properly documented requests for reimbursements are received. A request shall be considered to be properly documented if it meets MDOC requirements for documentation. By October 15, the department shall distribute the documentation requirements to all counties. (6) Any county that receives funding under this section for the purpose of housing in jails certain felons who otherwise would have been sentenced to prison shall, as a condition of receiving the funding, report by September 30 an annual average jail capacity and annual average jail occupancy for the immediately preceding fiscal year. Sec. 416. Allowable uses of felony drunk driver jail reduction and community treatment program funding shall include reimbursing counties for transportation, treatment costs, and housing felony drunk drivers during a period of assessment for treatment and case planning. Reimbursements for housing during the assessment process shall be at the rate of $43.50 per day per offender, up to a maximum of 5 days per offender. Sec. 417. (1) By March 1, the department shall report to the members of the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director on each of the following programs from the previous fiscal year: (a) The county jail reimbursement program. (b) The felony drunk driver jail reduction and community treatment program. (c) Any new initiatives to control prison population growth funded or proposed to be funded under part 1. (2) For each program listed under subsection (1), the report shall include information on each of the following: (a) Program objectives and outcome measures, including, but not limited to, the number of offenders who successfully completed the program, and the number of offenders who successfully remained in the community during the 3 years following termination from the program. (b) Expenditures by location. (c) The impact on jail utilization. (d) The impact on prison admissions. (e) Other information relevant to an evaluation of the program. Sec. 418. (1) The department shall collaborate with the state court administrative office on facilitating changes to Michigan court rules that would require the court to collect at the time of sentencing the state operator’s license, state identification card, or other documentation used to establish the identity of the individual to be admitted to the department. The department shall maintain those documents in the prisoner’s personal file. (2) The department shall cooperate with MDHHS to create and maintain a process by which prisoners can obtain their Michigan birth certificates if necessary. The department shall describe a process for obtaining birth certificates from other states, and in situations where the prisoner’s effort fails, the department shall assist in obtaining the birth certificate. (3) The department shall collaborate with the department of military and veterans affairs to create and maintain a process by which prisoners can obtain a copy of their DD Form 214 or other military discharge documentation if necessary. Sec. 419. (1) The department shall provide weekly electronic mail reports to the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director on prisoner populations by security levels by facility, prison facility capacities, and parolee and probationer populations. (2) The department shall provide monthly electronic mail reports to the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director. The reports shall include information on end‑of‑month prisoner populations in county jails, the net operating capacity according to the most recent certification report, identified by date, and end‑of‑month data, year‑to‑date data, and comparisons to the prior year for the following: (a) Community residential program populations, separated by centers and electronic monitoring. (b) Parole populations. (c) Probation populations, with identification of the number in special alternative incarceration. (d) Prison and camp populations, with separate identification of the number in special alternative incarceration and the number of lifers. (e) Prisoners classified as past their earliest release date. (f) Parole board activity, including the numbers and percentages of parole grants and parole denials. (g) Prisoner exits, identifying transfers to community placement, paroles from prisons and camps, paroles from community placement, total movements to parole, prison intake, prisoner deaths, prisoners discharging on the maximum sentence, and other prisoner exits. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1121 (h) Prison intake and returns, including probation violators, new court commitments, violators with new sentences, escaper new sentences, total prison intake, returns from court with additional sentences, community placement returns, technical parole violator returns, and total returns to prison and camp. Sec. 421. (1) Funds appropriated in part 1 for the parole sanction certainty pilot program shall be distributed to an American Correctional Association accredited rehabilitation organization operating in any of the following counties: Berrien, Calhoun, Genesee, Kalamazoo, Kent, Macomb, Muskegon, Oakland, Saginaw, and Wayne for operations and administration of the pilot program. The pilot program may be utilized as a condition of parole for technical parole violators to ensure public safety and justice through a program based on evidence‑based tactics and programs. (2) The program or programs selected shall report by March 30 to the department, the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget director. The report shall include program performance measurements, the number of individuals who participate in the pilot program, the number of individuals who return to prison after participating, and outcomes of participants who complete the program. Sec. 422. (1) On a quarterly basis, the department shall issue a report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the legislative corrections ombudsman, for the previous 4 quarters detailing the outcomes of prisoners who have been reviewed for parole. The report shall include all of the following: (a) How many prisoners in each quarter were reviewed. (b) How many prisoners were granted parole. (c) How many prisoners were denied parole. (d) How many parole decisions were deferred. (e) The distribution of the total number of prisoners reviewed during that quarter grouped by whether the prisoner had been interviewed for the first, second, third, fourth, fifth, sixth, or more than sixth time. (f) The number of paroles granted, denied, or deferred for each of the parole guideline scores of low, average, and high. (g) The reason for denying or deferring parole. Sec. 425. (1) From the funds appropriated in part 1, the department shall establish a medication‑assisted treatment reentry pilot program to provide prerelease treatment and postrelease referral for opioid‑addicted and alcohol‑addicted offenders who voluntarily participate in the medication‑assisted treatment reentry pilot program. The department shall collaborate with residential and nonresidential substance abuse treatment providers and with community‑based clinics to provide postrelease treatment. The program shall employ a multifaceted approach to treatment, including a long‑acting nonaddictive medication approved by the Food and Drug Administration for the treatment of opioid and alcohol dependence, counseling, and postrelease referral to community‑based providers. (2) The manufacturer of a long‑acting nonaddictive medication approved by the Food and Drug Administration for opioid and alcohol dependence shall provide the department with samples of the medication, at no cost to the department, during the duration of the medication‑assisted treatment reentry pilot program. Offenders shall receive 1 injection prior to being released from custody and shall be connected with an aftercare plan and assistance with obtaining insurance to cover subsequent injections. (3) Participants of the program shall be required to attend substance abuse treatment programming as directed by their agent, shall be subject to routine drug and alcohol testing, shall not be allowed to consume drugs or alcohol, and shall possess a strong will to overcome addiction. (4) The department shall submit a report by September 30 to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget director on the number of offenders who received injections upon release, the number of offenders who received injections and tested positive for drugs or alcohol, the number of offenders who received injections in the community for a duration of at least 3 months, and the number of offenders who received injections and were subsequently returned to prison. Sec. 437. (1) Funds appropriated in part 1 for Goodwill Flip the Script shall be distributed to a Michigan‑chartered 501(c)(3) nonprofit corporation operating in a county with greater than 1,500,000 people for administration and expansion of a program which serves a population of persons aged 16 to 29. The program shall target those who are entering the criminal justice system for the first or second time and shall assist those individuals through the following program types: (a) Alternative sentencing programs in partnership with a local district or circuit court. (b) Educational recovery for special adult populations with high rates of illiteracy. (c) Career development and continuing education for women. (2) The program selected shall report by March 30 to the department, the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget director. The report shall include program performance measurements, the number of individuals diverted from incarceration, the number of individuals served, and outcomes of participants who complete the program. BUDGET AND OPERATIONS ADMINISTRATION Sec. 501. From the funds appropriated in part 1 for prosecutorial and detainer expenses, the department shall reimburse counties for housing and custody of parole violators and offenders being returned by the department from community placement who are available for return to institutional status and for prisoners who volunteer for placement in a county jail. 1122 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Sec. 502. Funds included in part 1 for the sheriffs’ coordinating and training office are appropriated for and may be expended to defray costs of continuing education, certification, recertification, decertification, and training of local corrections officers, the personnel and administrative costs of the sheriffs’ coordinating and training office, the local corrections officers advisory board, and the sheriffs’ coordinating and training council under the local corrections officers training act, 2003 PA 125, MCL 791.531 to 791.546. Sec. 503. The department shall issue a biannual report for all vendor contracts to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the legislative corrections ombudsman. The report shall cover the previous 4 quarters and include all of the following: (a) The original start date and the current expiration date of each contract. (b) The number, if any, of site visits completed by the department for each vendor. (c) The number and amount of fines, if any, for service‑level agreement noncompliance for each vendor broken down by area of noncompliance. Sec. 505. The department shall provide for the training of all custody staff in effective and safe ways of handling prisoners with mental illness and referring prisoners to mental health treatment programs. Mental health awareness training shall be incorporated into the training of new custody staff. Sec. 508. The department shall issue a report for all correctional facilities to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the legislative corrections ombudsman by January 1 setting forth the following information for each facility: its name, street address, and date of construction; its current maintenance costs; any maintenance planned; its current utility costs; its expected future capital improvement costs; the current unspent balance of any authorized capital outlay projects, including the original authorized amount; and its expected future useful life. Sec. 511. (1) By February 1, the department shall provide a report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget director which details the strategic plan of the department. The report shall contain strategies to decrease the overall recidivism rate, measurable plans to increase the rehabilitative function of correctional facilities, metrics to track and ensure prisoner readiness to re‑enter society, and constructive actions for providing prisoners with life skills development. (2) The intent of this report is to express that the mission of the department is to provide an action plan before reentry to society that ensures prisoners’ readiness for meeting parole requirements and ensures a reduction in the total number of released inmates who reenter the criminal justice system. FIELD OPERATIONS ADMINISTRATION Sec. 601. (1) From the funds appropriated in part 1, the department shall conduct a statewide caseload audit of field agents. The audit shall address public protection issues and assess the ability of the field agents to complete their professional duties. The complete audit shall be submitted to the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget office by March 1. (2) It is the intent of the legislature that the department maintain a number of field agents sufficient to meet supervision and workload standards. Sec. 602. The funds appropriated in part 1 for the supervising region incentive program shall be used only to fund an incentive program for field operations administration regions in accordance with the supervising region incentive act. Sec. 603. (1) All prisoners, probationers, and parolees involved with the curfew monitoring program shall reimburse the department for costs associated with their participation in the program. The department may require community service work reimbursement as a means of payment for those able‑bodied individuals unable to pay for the costs of the equipment. (2) Program participant contributions and local program reimbursement for the curfew monitoring program appropriated in part 1 are related to program expenditures and may be used to offset expenditures for this purpose. (3) Included in the appropriation in part 1 is adequate funding to implement the curfew monitoring program to be administered by the department. The curfew monitoring program is intended to provide sentencing judges and county sheriffs in coordination with local community corrections advisory boards access to the state’s curfew monitoring program to reduce prison admissions and improve local jail utilization. The department shall determine the appropriate distribution of the curfew monitor units throughout the state based upon locally developed comprehensive corrections plans under the community corrections act, 1988 PA 511, MCL 791.401 to 791.414. (4) For a fee determined by the department, the department shall provide counties with the curfew monitor equipment, replacement parts, administrative oversight of the equipment’s operation, notification of violators, and periodic reports regarding county program participants. Counties are responsible for curfew monitor equipment installation and service. For an additional fee as determined by the department, the department shall provide staff to install and service the equipment. Counties are responsible for the coordination and apprehension of program violators. (5) Any county with curfew monitor charges outstanding over 60 days shall be considered in violation of the community curfew monitor program agreement and lose access to the program. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1123 Sec. 604. The funds appropriated in part 1 for criminal justice reinvestment shall be used only to fund evidence‑based programs designed to reduce recidivism among probationers and parolees. Sec. 611. The department shall prepare by March 1 individual reports for the community reentry program, the electronic monitoring program, and the special alternative to incarceration program. The reports shall be submitted to the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director. Each program’s report shall include information on all of the following: (a) Monthly new participants by type of offender. Community reentry program participants shall be categorized by reason for placement. For technical rule violators, the report shall sort offenders by length of time since release from prison, by the most recent violation, and by the number of violations occurring since release from prison. (b) Monthly participant unsuccessful terminations, including cause. (c) Number of successful terminations. (d) End month population by facility/program. (e) Average length of placement. (f) Return to prison statistics. (g) Description of each program location or locations, capacity, and staffing. (h) Sentencing guideline scores and actual sentence statistics for participants, if applicable. (i) Comparison with prior year statistics. (j) Analysis of the impact on prison admissions and jail utilization and the cost effectiveness of the program. Sec. 612. (1) The department shall review and revise as necessary policy proposals that provide alternatives to prison for offenders being sentenced to prison as a result of technical probation violations and technical parole violations. To the extent the department has insufficient policies or resources to affect the continued increase in prison commitments among these offender populations, the department shall explore other policy options to allow for program alternatives, including department or OCC‑funded programs, local level programs, and programs available through private agencies that may be used as prison alternatives for these offenders. (2) By April 1, the department shall provide a report to the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director on the number of all parolees returned to prison and probationers sentenced to prison for either a technical violation or new sentence during the preceding fiscal year. The report shall include the following information for probationers, for parolees after their first parole, and for parolees who have been paroled more than once: (a) The numbers of parole and probation violators returned to or sent to prison for a new crime with a comparison of original versus new offenses by major offense type: assaultive, nonassaultive, drug, and sex. (b) The numbers of parole and probation violators returned to or sent to prison for a technical violation and the type of violation, including, but not limited to, zero gun tolerance and substance abuse violations. For parole technical rule violators, the report shall list violations by type, by length of time since release from prison, by the most recent violation, and by the number of violations occurring since release from prison. (c) The educational history of those offenders, including how many had a high school equivalency or high school diploma prior to incarceration in prison, how many received a high school equivalency while in prison, and how many received a vocational certificate while in prison. (d) The number of offenders who participated in the reentry program versus the number of those who did not. (e) The unduplicated number of offenders who participated in substance abuse treatment programs, mental health treatment programs, or both, while in prison, itemized by diagnosis. Sec. 615. (1) The department shall submit a report detailing the number of prisoners who have received life imprisonment sentences with the possibility of parole and who are currently eligible for parole to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget director by April 30. (2) The report shall include the following information on parolable lifers who have served more than 25 years: prisoner name, MDOC identification number, prefix, offense for which life term is being served, county of conviction, age at time offense was committed, current age, race, gender, true security classification, dates of parole board file reviews, dates of parole board interviews, parole guideline scores, and reason for decision not to release. Sec. 616. The parole board shall review its policies related to the review and parole of those offenders serving a parolable life sentence with consideration given to those that do not pose an ongoing risk to society. HEALTH CARE Sec. 802. As a condition of expenditure of the funds appropriated in part 1, the department shall provide the senate and house of representatives appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director with quarterly reports on physical and mental health care detailing quarterly and fiscal year‑to‑date expenditures itemized by vendor, allocations, status of payments from contractors to vendors, and projected year‑end expenditures from accounts for prisoner health care, mental health care, pharmaceutical services, and durable medical equipment. 1124 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Sec. 803. (1) The department shall assure that all prisoners, upon any health care treatment, are given the opportunity to sign a release of information form designating a family member or other individual to whom the department shall release records information regarding a prisoner. A release of information form signed by a prisoner shall remain in effect for 1 year, and the prisoner may elect to withdraw or amend the release form at any time. (2) The department shall assure that any such signed release forms follow a prisoners upon transfer to another department facility or to the supervision of a parole officer. (3) The form shall be placed online, on a public website managed by the department. Sec. 804. The department shall report quarterly to the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director on prisoner health care utilization. The report shall include the number of inpatient hospital days, outpatient visits, emergency room visits, and prisoners receiving off‑site inpatient medical care in the previous quarter, by facility. Sec. 806. From the funds appropriated in part 1 for mental health services and support, the department shall expand its mental health treatment and sex offender treatment programs. The purpose of this enhancement is to address increased caseloads, reduce the number of prisoners on the waiting list who are past their earliest release date, and reduce the percentage of prisoners readmitted to mental health programs at their previous level of care. Sec. 807. The funds appropriated in part 1 for Hepatitis C treatment shall be used only to purchase specialty medication for Hepatitis C treatment in the prison population. In addition to the above appropriation, any rebates received from the medications used shall be used only to purchase specialty medication for Hepatitis C treatment. On a quarterly basis, the department shall issue a report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the legislative corrections ombudsman, showing for the previous 4 quarters the total amount spent on specialty medication for the treatment of Hepatitis C, the number of prisoners that were treated, the amount of any rebates that were received from the purchase of specialty medication, and what outstanding rebates are expected to be received. Sec. 812. (1) The department shall provide the department of health and human services with a monthly list of prisoners newly committed to the department of corrections. The department and the department of health and human services shall enter into an interagency agreement under which the department of health and human services provides the department of corrections with monthly lists of newly committed prisoners who are eligible for Medicaid benefits in order to maintain the process by which Medicaid benefits are suspended rather than terminated. The department shall assist prisoners who may be eligible for Medicaid benefits after release from prison with the Medicaid enrollment process prior to release from prison. (2) The department shall provide the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director with quarterly updates on the utilization of Medicaid benefits for prisoners. Sec. 816. By April 1, the department shall provide the members of the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the state budget director, and the legislative corrections ombudsman with a report on pharmaceutical expenditures and prescribing practices. In particular, the report shall provide the following information: (a) A detailed accounting of expenditures on antipsychotic medications. (b) Any changes that have been made to the prescription drug formularies. CORRECTIONAL FACILITIES ADMINISTRATION Sec. 901. The department, working with the department of technology, management, and budget, shall determine the costs of entering into an agreement to lease or purchase a private correctional facility to be operated by the department, as well as the costs of reopening a closed correctional facility already owned by the department to determine if it would be in the best interest of the citizens of this state to house prisoners in a private correctional facility leased or purchased and operated by the department, or a closed correctional facility owned by the department that the department reopens, rather than in a correctional facility currently operated by the department. By October 15, the department shall issue a report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director that documents the acquisition, lease, reopening, and modernization costs, and taxes, utilities, expected future capital repair, and upgrades of the correctional facilities described in this section. Sec. 902. From the funds appropriated in part 1 for the education program, the department shall use $2,000,000.00 to expand the vocational village program. Sec. 904. The department shall calculate the per prisoner/per day cost for each prisoner security custody level. This calculation shall include all actual direct and indirect costs for the previous fiscal year, including, but not limited to, the value of services provided to the department by other state agencies and the allocation of statewide legacy costs. To calculate the per prisoner/per day costs, the department shall divide these direct and indirect costs by the average daily population for each custody level. For multilevel facilities, the indirect costs that cannot be accurately allocated to each custody level can be included in the calculation on a per‑prisoner basis for each facility. A report summarizing these calculations and the direct and indirect costs included in them shall be submitted to the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director not later than December 15. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1125 Sec. 906. Any local unit of government or private nonprofit organization that contracts with the department for public works services shall be responsible for financing the entire cost of such an agreement. Sec. 907. The department shall report by March 1 to the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director on academic and vocational programs. The report shall provide information relevant to an assessment of the department’s academic and vocational programs, including, but not limited to, all of the following: (a) The number of instructors and the number of instructor vacancies, by program and facility. (b) The number of prisoners enrolled in each program, the number of prisoners completing each program, the number of prisoners who do not complete each program and are not subsequently reenrolled, and the reason for not completing the program, the number of prisoners transferred to another facility while enrolled in a program and the reason for transfer, the number of prisoners enrolled who are repeating the program, and the number of prisoners on waiting lists for each program, all itemized by facility. (c) The steps the department has undertaken to improve programs, track records, accommodate transfers and prisoners with health care needs, and reduce waiting lists. (d) The number of prisoners paroled without a high school diploma and the number of prisoners paroled without a high school equivalency. (e) An explanation of the value and purpose of each program, for example, to improve employability, reduce recidivism, reduce prisoner idleness, or some combination of these and other factors. (f) An identification of program outcomes for each academic and vocational program. (g) The number of prisoners not paroled at their earliest release date due to lack of a high school equivalency, and the reason those prisoners have not obtained a high school equivalency. Sec. 908. From the funds appropriated in part 1, the department shall explore the feasibility of establishing an online career high school education pilot program, or other alternatives to providing prisoners with a high school diploma in lieu of a high school equivalency. The department shall explore establishing outside partnerships to assist the department with providing high school diplomas. The department shall submit a report by December 1 to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget director that describes the necessary steps the department would have to take, the resources the department would need, and departmental organizational changes that would be required, and the feasibility of the department’s forming outside partnerships to assist with providing prisoners with a high school diploma in lieu of a high school equivalency. Sec. 909. From the funds appropriated in part 1, the department shall focus on providing career‑based educational programming for prisoners, to include vocational trade programs and employment readiness programs. Sec. 910. The department shall allow the Michigan Braille transcribing fund program to operate at its current location. The donation of the building by the Michigan Braille transcribing fund at the G. Robert Cotton Correctional Facility in Jackson is acknowledged and appreciated. The department shall continue to encourage the Michigan Braille transcribing fund program to produce high‑quality materials for use by the visually impaired. Sec. 911. By March 1, the department shall report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget director the number of critical incidents occurring each month by type and the number and severity of assaults, escape attempts, suicides, and attempted suicides occurring each month at each facility during the immediately preceding calendar year. Sec. 912. The department shall report to the senate and house appropriations subcommittees on corrections, the legislative corrections ombudsman, the senate and house fiscal agencies, and the state budget director by March 1 on the ratio of correctional officers to prisoners for each correctional institution, the ratio of shift command staff to line custody staff, and the ratio of noncustody institutional staff to prisoners for each correctional institution. Sec. 913. (1) From the funds appropriated in part 1, the department shall focus on providing required programming to prisoners who are past their earliest release date because of not having received the required programming. Programming includes, but is not limited to, violence prevention programming, assaultive offender programming, sexual offender programming, substance abuse treatment programming, thinking for a change programming, and any other programming that is required as a condition of parole. (2) It is the intent of the legislature that any prisoner required to complete a violence prevention program, sexual offender program, or other program as a condition of parole shall be placed on a waiting list for the appropriate programming upon entrance to prison and transferred to a facility where that program is available in order to accomplish timely completion of that program prior to the expiration of his or her minimum sentence and eligibility for parole. Nothing in this section should be deemed to make parole denial appealable in court. (3) The department shall submit a quarterly report to the members of the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the state budget director, and the legislative corrections ombudsman detailing enrollment in sex offender programming, assaultive offender programming, violent offender programming, and thinking for change. At a minimum, the report shall include the following: (a) A full accounting, from the date of entrance to prison, of the number of individuals who are required to complete the programming, but have not yet done so. 1126 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (b) The number of individuals who have reached their earliest release date, but who have not completed required programming. (c) A plan of action for addressing any waiting lists or backlogs for programming that may exist. Sec. 924. The department shall evaluate all prisoners at intake for substance abuse disorders, serious developmental disorders, serious mental illness, and other mental health disorders. Prisoners with serious mental illness or serious developmental disorders shall not be removed from the general population as a punitive response to behavior caused by their serious mental illness or serious developmental disorder. Due to persistent high violence risk or severe disruptive behavior that is unresponsive to treatment, prisoners with serious mental illness or serious developmental disorders may be placed in secure residential housing programs that will facilitate access to institutional programming and ongoing mental health services. A prisoner with serious mental illness or serious developmental disorder who is confined in these specialized housing programs shall be evaluated or monitored by a medical professional at a frequency of not less than every 12 hours. Sec. 925. By March 1, the department shall report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, the legislative corrections ombudsman, and the state budget director on the annual number of prisoners in administrative segregation between October 1, 2015 and September 30, 2016, and the annual number of prisoners in administrative segregation between October 1, 2015 and September 30, 2016 who at any time during the current or prior prison term were diagnosed with serious mental illness or have a developmental disorder and the number of days each of the prisoners with serious mental illness or a developmental disorder have been confined to administrative segregation. Sec. 929. From the funds appropriated in part 1, the department shall do all of the following: (a) Ensure that any inmate care and control staff in contact with prisoners less than 18 years of age are adequately trained with regard to the developmental and mental health needs of prisoners less than 18 years of age. By April 1, the department shall report to the senate and house appropriations subcommittees on corrections, the senate and house fiscal agencies, and the state budget director on the training curriculum used and the number and types of staff receiving annual training under that curriculum. (b) Provide appropriate placement for prisoners less than 18 years of age who have serious mental illness, serious emotional disturbance, or a serious developmental disorder and need to be housed separately from the general population. Prisoners less than 18 years of age who have serious mental illness, serious emotional disturbance, or a serious developmental disorder shall not be removed from an existing placement as a punitive response to behavior caused by their serious mental illness, serious emotional disturbance, or a serious developmental disorder. Due to persistent high violence risk or severe disruptive behavior that is unresponsive to treatment, prisoners less than 18 years of age with serious emotional disturbance, serious mental illness, or serious developmental disorders may be placed in secure residential housing programs that will facilitate access to institutional programming and ongoing mental health services. A prisoner less than 18 years of age with serious mental illness, serious emotional disturbance, or a serious developmental disorder who is confined in these specialized housing programs shall be evaluated or monitored by a medical professional at a frequency of not less than every 12 hours. (c) Implement a specialized reentry program that recognizes the needs of prisoners less than 18 years old for supervised reentry. Sec. 937. The department shall not issue a request for proposal (RFP) for a contract in excess of $5,000,000.00, unless the department has first considered issuing a request for information (RFI) or a request for qualification (RFQ) relative to that contract to better enable the department to learn more about the market for the products or services that are the subject of the future RFP. The department shall notify the department of technology, management, and budget of the evaluation process used to determine if an RFI or RFQ was not necessary prior to issuing the RFP. Sec. 940. (1) Any lease, rental, contract, or other legal agreement that includes a provision allowing a private person or entity to use state‑owned facilities or other property to conduct a for‑profit business enterprise shall require the lessee to pay fair market value for the use of the state‑owned property. (2) The lease, rental, contract, or other legal agreement shall also require the party using the property to make a payment in lieu of taxes to the local jurisdictions that would otherwise receive property tax revenue, as if the property were not owned by the state. Sec. 942. The department shall ensure that any contract with a public or private party to operate a facility to house state prisoners includes a provision to allow access by both the office of the legislative auditor general and the office of the legislative corrections ombudsman to the facility and to appropriate records and documents related to the operation of the facility. These access rights for both offices shall be the same for the contracted facility as for a general state‑operated correctional facility. INFORMATION TECHNOLOGY Sec. 1000. From the funds appropriated in part 1 for information technology services and projects, the department shall expand bandwidth in 27 correctional facilities and 113 field operations offices. The purpose of this bandwidth expansion is to support critical information technology systems that provide platforms for several mandated programs and department cost savings efforts. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1127 MISCELLANEOUS Sec. 1009. The department shall make an information packet for the families of incoming prisoners available on the department’s website. The information packet shall be updated by February 1 of each year. The packet shall provide information on topics including, but not limited to: how to put money into prisoner accounts, how to make phone calls or create Jpay email accounts, how to visit in person, proper procedures for filing complaints or grievances, the rights of prisoners to physical and mental health care, how to utilize the offender tracking information system (OTIS), truth‑in‑sentencing and how it applies to minimum sentences, the parole process, and guidance on the importance of the role of families in the reentry process. The department is encouraged to partner with external advocacy groups and actual families of prisoners in the packet‑writing process to ensure that the information is useful and complete. Sec. 1011. The department may accept in‑kind services and equipment donations to facilitate the addition of a cable network that provides programming that will address the religious needs of incarcerated individuals. This network may be a cable television network that presently reaches the majority of households in the United States. A bilingual channel affiliated with this network may also be added to department programming to assist the religious needs of Spanish‑speaking inmates. The addition of these channels shall be at no additional cost to this state. ONE‑TIME APPROPRIATIONS Sec. 1100. From the funds appropriated in part 1 for new custody staff training, the department shall increase the training capacity for new custody staff by 350 officers. The purpose of this academy is to address higher than normal attrition of correction officers and to decrease overtime costs. PART 2A PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS FOR FISCAL YEAR 2017‑2018 GENERAL SECTIONS Sec. 1201. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2018 for the line items listed in part 1. The fiscal year 2017‑2018 appropriations are anticipated to be the same as those for fiscal year 2016‑2017, except that the line items will be adjusted for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2017 consensus revenue estimating conference. ARTICLE VI DEPARTMENT OF EDUCATION PART 1 LINE‑ITEM APPROPRIATIONS Sec. 101. There is appropriated for the department of education for the fiscal year ending September 30, 2017, from the following funds: DEPARTMENT OF EDUCATION APPROPRIATION SUMMARY Full‑time equated unclassified positions............................................................................. 6.0 Full‑time equated classified positions............................................................................. 597.5 GROSS APPROPRIATION.......................................................................................................... $ 331,975,200 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 0 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 331,975,200 Federal revenues: Total federal revenues................................................................................................................... 239,821,900 Special revenue funds: Total local revenues...................................................................................................................... 5,557,200 Total private revenues................................................................................................................... 2,034,200 Total other state restricted revenues............................................................................................. 8,380,700 State general fund/general purpose.............................................................................................. $ 76,181,200 Sec. 102. STATE BOARD OF EDUCATION/OFFICE OF THE SUPERINTENDENT Full‑time equated unclassified positions............................................................................. 6.0 Full‑time equated classified positions............................................................................... 11.0 State board of education, per diem payments.............................................................................. $ 24,400 Unclassified positions—6.0 FTE positions.................................................................................. 827,200 State board/superintendent operations—10.0 FTE positions........................................................ 1,888,700 Education commission of the states............................................................................................. 120,800 Chief information officer—1.0 FTE position............................................................................... 200,000 GROSS APPROPRIATION.......................................................................................................... $ 3,061,100 Appropriated from: Federal revenues: Federal revenues........................................................................................................................... 227,000 1128 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 Special revenue funds: Private foundations....................................................................................................................... $ Certification fees.......................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 103. CENTRAL SUPPORT Full‑time equated classified positions............................................................................... 23.6 Central support operations—23.6 FTE positions......................................................................... $ Worker’s compensation................................................................................................................. Building occupancy charges ‑ property management services..................................................... Training and orientation workshops............................................................................................. Terminal leave payments.............................................................................................................. Federal and private grants............................................................................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal revenues........................................................................................................................... Federal indirect funds................................................................................................................... Special revenue funds: Certification fees.......................................................................................................................... Teacher testing fees...................................................................................................................... Training and orientation workshop fees....................................................................................... Private foundations....................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 104. INFORMATION TECHNOLOGY SERVICES Information technology operations............................................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal revenues........................................................................................................................... Federal indirect funds................................................................................................................... Special revenue funds: Certification fees.......................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 105. SPECIAL EDUCATION SERVICES Full‑time equated classified positions............................................................................... 47.0 Special education operations—47.0 FTE positions...................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal revenues........................................................................................................................... Special revenue funds: Private foundations....................................................................................................................... Certification fees.......................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 106. MICHIGAN SCHOOLS FOR THE DEAF AND BLIND Full‑time equated classified positions............................................................................... 77.0 Michigan schools for the deaf and blind operations—76.0 FTE positions.................................. $ Camp Tuhsmeheta—1.0 FTE position......................................................................................... Low incidence outreach program................................................................................................. Private gifts ‑ blind....................................................................................................................... Private gifts ‑ deaf........................................................................................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal revenues........................................................................................................................... 28,100 771,400 2,034,600 3,686,700 24,300 3,196,200 150,000 353,300 3,000,000 10,410,500 3,690,100 2,430,700 399,300 4,000 150,000 1,000,000 2,736,400 4,192,600 4,192,600 616,900 1,824,300 397,500 1,353,900 9,120,500 9,120,500 8,544,000 110,100 44,700 421,700 12,812,700 296,000 300,000 200,000 150,000 13,758,700 7,048,600 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1129 For Fiscal Year Ending Sept. 30, 2017 Special revenue funds: Local cost sharing (schools for deaf/blind).................................................................................. $ 5,233,000 Local school district service fees................................................................................................. 312,500 Gifts, bequests, and donations...................................................................................................... 646,000 Low incidence outreach fund....................................................................................................... 300,000 Student insurance revenue............................................................................................................ 218,600 State general fund/general purpose.............................................................................................. $ 0 Sec. 107. PROFESSIONAL PREPARATION SERVICES Full‑time equated classified positions............................................................................... 33.0 Professional preparation operations—33.0 FTE positions........................................................... $ 5,653,900 GROSS APPROPRIATION.......................................................................................................... $ 5,653,900 Appropriated from: Federal revenues: Federal revenues........................................................................................................................... 1,464,100 Special revenue funds: Certification fees.......................................................................................................................... 3,602,000 Teacher testing fees...................................................................................................................... 364,100 State general fund/general purpose.............................................................................................. $ 223,700 Sec. 108. MICHIGAN OFFICE OF GREAT START Full‑time equated classified positions............................................................................... 66.0 Office of great start operations—65.0 FTE positions.................................................................. $ 23,177,400 Child development and care external support.............................................................................. 27,374,500 Head start collaboration office—1.0 FTE position...................................................................... 309,900 Child development and care public assistance............................................................................. 133,966,100 GROSS APPROPRIATION.......................................................................................................... $ 184,827,900 Appropriated from: Federal revenues: Federal revenues........................................................................................................................... 151,622,600 Special revenue funds: Private foundations....................................................................................................................... 250,000 Certification fees.......................................................................................................................... 64,600 State general fund/general purpose.............................................................................................. $ 32,890,700 Sec. 109. STATE AID AND SCHOOL FINANCE SERVICES Full‑time equated classified positions............................................................................... 11.5 State aid and school finance operations—11.5 FTE positions..................................................... $ 1,638,600 GROSS APPROPRIATION.......................................................................................................... $ 1,638,600 Appropriated from: State general fund/general purpose.............................................................................................. $ 1,638,600 Sec. 110. AUDIT SERVICES Full‑time equated classified positions................................................................................. 4.5 Audit operations—4.5 FTE positions........................................................................................... $ 612,500 GROSS APPROPRIATION.......................................................................................................... $ 612,500 Appropriated from: Federal revenues: Federal indirect funds................................................................................................................... 486,800 Special revenue funds: Certification fees.......................................................................................................................... 62,300 State general fund/general purpose.............................................................................................. $ 63,400 Sec. 111. ADMINISTRATIVE LAW SERVICES Full‑time equated classified positions................................................................................. 2.0 Administrative law operations—2.0 FTE positions...................................................................... $ 1,364,300 GROSS APPROPRIATION.......................................................................................................... $ 1,364,300 Appropriated from: Federal revenues: Federal revenues........................................................................................................................... 564,200 1130 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 Special revenue funds: Certification fees.......................................................................................................................... $ State general fund/general purpose.............................................................................................. $ Sec. 112. ACCOUNTABILITY SERVICES Full‑time equated classified positions............................................................................... 64.6 Accountability services operations—64.6 FTE positions............................................................. $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal revenues........................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 113. SCHOOL SUPPORT SERVICES Full‑time equated classified positions............................................................................... 83.6 School support services operations—83.6 FTE positions............................................................ $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal revenues........................................................................................................................... Special revenue funds: Local school district service fees................................................................................................. Certification fees.......................................................................................................................... Commodity distribution fees........................................................................................................ State general fund/general purpose.............................................................................................. $ Sec. 114. FIELD SERVICES Full‑time equated classified positions............................................................................... 45.0 Field services operations—45.0 FTE positions............................................................................ $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal revenues........................................................................................................................... Special revenue funds: Certification fees.......................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 115. EDUCATIONAL IMPROVEMENT AND INNOVATION SERVICES Full‑time equated classified positions............................................................................... 49.7 Educational improvement and innovation operations—49.7 FTE positions................................ $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal revenues........................................................................................................................... Special revenue funds: Certification fees.......................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 116. CAREER AND TECHNICAL EDUCATION Full‑time equated classified positions............................................................................... 29.0 Career and technical education operations—29.0 FTE positions................................................. $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal revenues........................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 117. LIBRARY OF MICHIGAN Full‑time equated classified positions............................................................................... 33.0 Library of Michigan operations—31.0 FTE positions................................................................. $ Library services and technology program—1.0 FTE position..................................................... State aid to libraries..................................................................................................................... 701,500 98,600 14,619,400 14,619,400 13,476,200 1,143,200 15,495,200 15,495,200 14,455,700 11,700 86,900 71,700 869,200 9,349,200 9,349,200 8,599,200 37,300 712,700 9,689,900 9,689,900 6,596,600 565,100 2,528,200 5,220,800 5,220,800 3,887,400 1,333,400 4,797,400 5,610,100 9,876,000 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1131 For Fiscal Year Ending Sept. 30, 2017 Michigan eLibrary—1.0 FTE position......................................................................................... $ Renaissance zone reimbursements................................................................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal revenues........................................................................................................................... Special revenue funds: Library fees.................................................................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 118. EDUCATOR TALENT AND POLICY COORDINATION Full‑time equated classified positions............................................................................... 17.0 Educator talent and policy coordination operations—17.0 FTE positions................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal revenues........................................................................................................................... Special revenue funds: Certification fees.......................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 119. ONE‑TIME APPROPRIATIONS Certification fees subsidy............................................................................................................. $ Statewide school drinking water quality program........................................................................ Drinking water declaration of emergency.................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal revenues........................................................................................................................... Special revenue funds: Flint emergency reserve fund....................................................................................................... State general fund/general purpose.............................................................................................. $ PART 2 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2016‑2017 1,752,300 5,300,000 27,335,800 5,610,100 300,000 21,425,700 2,574,200 2,574,200 627,400 239,600 1,707,200 500,000 4,500,000 8,050,100 13,050,100 8,050,000 100 5,000,000 GENERAL SECTIONS Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2016‑2017 is $84,561,900.00 and state spending from state resources to be paid to local units of government for fiscal year 2016‑2017 is $19,176,000.00. The itemized statement below identifies appropriations from which spending to local units of government will occur: DEPARTMENT OF EDUCATION Voluntary water testing................................................................................................................. $ 4,000,000 State aid to libraries..................................................................................................................... 9,876,000 Renaissance zone reimbursements................................................................................................ 5,300,000 Total department of education...................................................................................................... $ 19,176,000 Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. Sec. 203. As used in this part and part 1: (a) “ACT” means the American College Testing Corporation. (b) “Department” means the Michigan department of education. (c) “District” means a local school district as defined in section 6 of the revised school code, 1976 PA 451, MCL 380.6, or a public school academy as defined in section 5 of the revised school code, 1976 PA 451, MCL 380.5. (d) “FTE” means full‑time equated. Sec. 204. The departments and agencies receiving appropriations in part 1 shall use the Internet to fulfill the reporting requirements of this part. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an Internet or Intranet site. Sec. 205. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be 1132 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference should be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality. Sec. 206. The state superintendent of public instruction shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. The state superintendent of public instruction shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both. Sec. 207. The departments and agencies receiving appropriations in part 1 shall prepare a report on out‑of‑state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the senate and house appropriations committees, the house and senate fiscal agencies, and the state budget director. The report must include the following information: (a) The dates of each travel occurrence. (b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues. Sec. 208. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes. Sec. 209. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year‑end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and the senate and house fiscal agencies. Sec. 210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $700,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $250,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $3,000,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 211. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency: (a) Fiscal year‑to‑date expenditures by category. (b) Fiscal year‑to‑date expenditures by appropriation unit. (c) Fiscal year‑to‑date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description. (d) The number of active department employees by job classification. (e) Job specifications and wage rates. Sec. 212. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the senate and house appropriations chairs, the senate and house appropriations subcommittees responsible for the department budget, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2016 and September 30, 2017. Sec. 213. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the agency’s performance. Sec. 214. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2017 are estimated at $16,971,500.00. From this amount, total agency appropriations for pension‑related legacy costs are estimated at $9,410,700.00. Total agency appropriations for retiree health care legacy costs are estimated at $7,560,800.00. Sec. 215. The department shall provide through the Internet the state board of education agenda and all supporting documents, and shall notify the state budget director and the senate and house fiscal agencies that the agenda and No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1133 supporting documents are available on the Internet, at the time the agenda and supporting documents are provided to state board of education members. Sec. 216. To the extent that the state continues to identify schools as meeting proficiency targets, before publishing a list of schools or districts determined to have failed to make adequate yearly progress as required by the no child left behind act of 2001, Public Law 107‑110, the department shall allow a school or district to appeal that determination. Those appeals shall be addressed before designations may be published. Sec. 217. The department may assist the department of health and human services, other departments, and local school districts to secure reimbursement for eligible services provided in Michigan schools from the federal Medicaid program. The department may submit reports of direct expenses related to this effort to the department of health and human services for reimbursement. Sec. 219. From the funds appropriated in part 1, the department shall ensure that kindergarten benchmark data include a method for information to be provided regarding a child’s participation in the great start readiness program. Sec. 220. The department shall post on its website a link to the federal Institute of Education Sciences’ What Works Clearinghouse. The department also shall work to disseminate knowledge about the What Works Clearinghouse to districts and intermediate districts so that it may be used to improve reading proficiency for pupils in grades K to 3. Sec. 221. The department shall require all districts and intermediate school districts to maintain complete records within the personnel file of a teacher or school employee of any disciplinary actions taken by the governing board against the teacher or employee for sexual misconduct. The records shall not be destroyed or removed from the teacher’s or employee’s personnel file except as required by a court order. Sec. 222. The department shall not take disciplinary action against an employee who communicates truthfully and factually with a member of the legislature or his or her staff. Sec. 223. The department and agencies receiving appropriations in part 1 shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short‑term and long‑term retention of records shall be followed. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines. Sec. 226. From the funds appropriated in part 1, the department shall coordinate with the other departments to streamline state services and resources, reduce duplication, and increase efficiency. This includes, but is not limited to, working with the department of technology, management, and budget to coordinate with the school reform office, working with the department of treasury to coordinate with the financial independence team and overseeing deficit districts, and working with the department of health and human services and department of licensing and regulatory affairs to coordinate with early childhood programs and overseeing child care providers. Sec. 227. (1) The department shall provide data requested by a member of the legislature, his or her staff, or the house and senate fiscal agencies in a timely manner. If the department fails to provide reasonably requested data within 30 days after the request, the state money appropriated in part 1 for state board/superintendent operations shall be reduced by 1%. (2) If the department fails to provide to the legislature reports and other data required by boilerplate or statute within 30 days after the date the information is due, the state money appropriated in part 1 for state board/superintendent operations shall be reduced by 1%. Sec. 228. No state department or agency shall issue a request for proposal for a contract in excess of $1,000,000.00, unless the department or agency has first considered issuing a request for information or a request for qualification relative to that contract to better enable the department or agency to learn more about the market for the products or services that are the subject of the future request for proposal. The department or agency shall notify the department of technology, management, and budget of the evaluation process used to determine if a request for information or request for qualification was not necessary before issuing the request for proposal. Sec. 229. The department shall not enter into a contract funded under part 1 that exceeds $1,000,000.00 or seek a federal waiver or an amendment to the federal waiver, until after notification of the content to both the house and senate appropriations committees and the state budget director. Sec. 230. From the funds appropriated in part 1, the department shall compile a report that identifies any new, or lack thereof, mandates required of nonpublic schools. In compiling the report, the department may consult with relevant statewide education associations in Michigan. The report compiled by the department shall indicate the type of mandate, including, but not limited to, student health, student or building safety, accountability, and educational requirements, and shall indicate whether a school has to report on the specified mandates. The report required under this section shall be completed by April 1, 2017 and transmitted to the state budget director, the house and senate appropriations subcommittees responsible for the department of education, and the senate and house fiscal agencies not later than April 15, 2017. STATE BOARD OF EDUCATION/OFFICE OF THE SUPERINTENDENT Sec. 301. (1) The appropriations in part 1 may be used for per diem payments to the state board for meetings at which a quorum is present or for performing official business authorized by the state board. The per diem payments shall be at a rate as follows: (a) State board of education ‑ president ‑ $110.00 per day. (b) State board of education ‑ member other than president ‑ $100.00 per day. 1134 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (2) A state board of education member shall not be paid a per diem for more than 30 days per year. Sec. 302. From the amount appropriated in part 1 to the state board of education, not more than $35,000.00 for the fiscal year ending September 30, 2017 shall be expended for in‑state travel and out‑of‑state travel directly related to the duties of the state board of education. CENTRAL SUPPORT Sec. 325. Within 10 days of the receipt of a grant appropriated in the federal and private grants line item in part 1, the department shall notify the house and senate chairpersons of the appropriations subcommittees responsible for the department budget, the house and senate fiscal agencies, and the state budget director of the receipt of the grant, including the funding source, purpose, and amount of the grant. SPECIAL EDUCATION SERVICES Sec. 350. From the funds in part 1 for special education operations, the department shall perform the following activities: (a) Design and distribute to all parents with a student with a disability information about federal and state mandates regarding the rights and protections of students with disabilities, including, but not limited to, individualized education programs to ensure that parents and legal guardians are fully informed about laws, rules, procedural safeguards, problem‑solving options, and any other information the department determines is necessary so that parents and legal guardians may be able to provide meaningful input in collaboration with districts to develop and implement an individualized education program. (b) Train mediators who are knowledgeable about the dispute resolution system and state and federal mandates pertaining to the rights and protections of students with disabilities outlined in the federal individuals with disabilities education act, 20 USC 1400 to 1482, and the Michigan administrative rules for special education programs and services, R 340.1701 to R 340.1862 of the Michigan Administrative Code. This annual training will include coursework, resources, and materials. MICHIGAN SCHOOLS FOR THE DEAF AND BLIND Sec. 401. The employees at the Michigan schools for the deaf and blind who work on a school‑year basis are considered annual employees for purposes of service credits, retirement, and insurance benefits. Sec. 402. For each student enrolled at the Michigan schools for the deaf and blind, the department shall assess the intermediate school district of residence 100% of the cost of operating the student’s instructional program. The amount shall exclude room and board related costs and the cost of weekend transportation between the school and the student’s home. Sec. 406. (1) The Michigan schools for the deaf and blind may promote its residential program as a possible appropriate option for children who are deaf or hard of hearing or who are blind or visually impaired. The Michigan schools for the deaf and blind shall distribute information detailing its services to all intermediate school districts in the state. (2) Upon knowledge of or recognition by an intermediate school district that a child in the district is deaf or hard of hearing or blind or visually impaired, the intermediate school district shall provide to the parents of the child the literature distributed by the Michigan schools for the deaf and blind to intermediate school districts under subsection (1). (3) Parents will continue to have a choice regarding the educational placement of their deaf or hard‑of‑hearing children. Sec. 407. Revenue received by the Michigan schools for the deaf and blind from gifts, bequests, donations, and local district service fees that is unexpended at the end of the state fiscal year may be carried over to the succeeding fiscal year and shall not revert to the general fund. Sec. 408. For the funds appropriated in part 1 for the low incidence outreach fund, the funds collected by the Michigan schools for the deaf and the low incidence outreach program for document reproduction and services; conferences, workshops, and training classes; and the use of specialized equipment, facilities, and software are appropriated for all expenses necessary to provide the required services. These funds are available for expenditure when they are received and may be carried forward into the next succeeding fiscal year. PROFESSIONAL PREPARATION SERVICES Sec. 501. From the funds appropriated in part 1 for professional preparation services, the department shall maintain certificate revocation/felony conviction files of educational personnel. Sec. 502. The department shall authorize teacher preparation institutions to provide an alternative program by which up to 1/2 of the required student internship or student teaching credits may be earned through substitute teaching. The department shall require that teacher preparation institutions collaborate with school districts to ensure that the quality of instruction provided to student teachers is comparable to that required in a traditional student teaching program. Sec. 503. From the funds appropriated in part 1 for professional preparation services ‑ professional preparation operations, the department shall coordinate professional development with the Michigan Virtual Learning Research Institute and external stakeholders. Sec. 506. Revenue received from teacher testing fees that is unexpended at the end of the state fiscal year may be carried over to the succeeding fiscal year and shall not revert to the general fund. Sec. 507. From the funds appropriated in part 1, the department shall adopt a teacher certification test that ensures that all newly certified elementary teachers have the skills to deliver evidence‑based literacy instruction. The department may use teacher certification or teacher testing fee revenue to the extent allowable under law to implement this section, or may pass along increased testing fees to teachers as allowable and appropriate. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1135 FIELD SERVICES Sec. 701. (1) From the funds appropriated in part 1 for field services operations, the department shall produce a report detailing the progress made by districts with grades K‑3 receiving at‑risk funding under section 31a of the state school aid act of 1979, 1979 PA 94, MCL 388.1631a, in implementing multitiered systems of supports in the prior school fiscal year. (2) The report shall include, at a minimum: (a) A description of the training, coaching, and technical assistance offered by the department to districts to support the implementation of effective multitiered systems of supports. (b) A list of districts determined by the department to have successfully implemented multitiered systems of supports. (c) A list of best practices that the department has identified that may be used by districts to implement multitiered systems of supports. (d) Other information the department determines would be useful to understanding the status of districts’ implementation of effective multitiered systems of supports. (3) The report shall be provided to the state budget director, the house and senate subcommittees that oversee the department of education and school aid budgets, and the house and senate fiscal agencies by September 30, 2017. LIBRARY OF MICHIGAN Sec. 801. For the funds appropriated in part 1 for library fees, the funds collected by the department for document reproduction and services; conferences, workshops, and training classes; and the use of specialized equipment, facilities, and software are appropriated for all expenses necessary to provide the required services. These funds are available for expenditure when they are received and may be carried forward into the next succeeding fiscal year. Sec. 803. It is the intent of the legislature that the library of Michigan and the component programs currently within the library of Michigan with the exception of the genealogical collections shall be kept together in a state department. Sec. 804. (1) The funds appropriated in part 1 for renaissance zone reimbursements shall be used to reimburse public libraries under section 12 of the Michigan renaissance zone act, 1996 PA 376, MCL 125.2692, for taxes levied in 2016. The allocations shall be made not later than 60 days after the department of treasury certifies to the department and to the state budget director that the department of treasury has received all necessary information to properly determine the amounts due to each eligible recipient. (2) If the amount appropriated under this section is not sufficient to fully pay obligations under this section, payments shall be prorated on an equal basis among all eligible public libraries. MICHIGAN OFFICE OF GREAT START Sec. 1001. By November 1, 2016, the department shall submit a report to the house and senate appropriations subcommittees on the department of education budget and the house and senate fiscal agencies on the number of eligible child care providers by type receiving payment for child care services from the department on October 1, 2016. Sec. 1003. (1) The department shall provide the house and senate appropriations subcommittees on the department budget with an annual report on all funding appropriated to the Early Childhood Investment Corporation by the state during the previous fiscal year. The report is due by February 15 and must contain at least the following information: (a) Total funding appropriated to the Early Childhood Investment Corporation by the state during the previous fiscal year. (b) The amount of funding for each grant awarded. (c) The grant recipients. (d) The activities funded by each grant. (e) An analysis of each grant recipient’s success in addressing the development of a comprehensive system of early childhood services and supports. (2) All department contracts for early childhood comprehensive systems planning shall be bid out through a statewide request‑for‑proposal process. Sec. 1004. From the funds appropriated in part 1 for child development and care public assistance, the department shall expand the child development and care program in the current fiscal year. The purpose of this program expansion is to increase the number of low‑income children in high‑quality early learning programs, to increase the number of children ready for school at kindergarten entry, and to increase the number of children who are reading at grade level by the end of third grade. Sec. 1007. (1) From the funds appropriated in part 1 for child development and care ‑ external support, the department shall create progress reports that shall include, but are not limited to, the following: (a) Both the on‑site and off‑site activities that are intended to improve child care provider quality and the number of times those activities are performed by the licensing consultants. (b) How many on‑site visits a single licensing consultant has made since the start of the 2016‑2017 fiscal year. (c) The types of on‑site visits and the number of visits for each type that a single consultant has made since the start of fiscal year 2016‑2017. (d) The number of providers that have improved their quality rating since the start of fiscal year 2016‑2017 compared to the same time period in fiscal year 2015‑2016. 1136 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (e) The types of activities that are intended to improve licensing consultant performance and child care provider quality and the number of times those activities are performed by the managers and administrators. (2) The progress reports shall be sent to the state budget director, the house and senate subcommittees that oversee the department of education, and the house and senate fiscal agencies by April 1, 2017 and September 30, 2017. Sec. 1008. From the amount appropriated in part 1 for office of great start operations, the department shall work with the department of health and human services to coordinate services provided to families for home visits, reduce duplication of state services and spending, and increase efficiencies including the home visits funded under section 32p of the state school aid act of 1979, 1979 PA 94, MCL 388.1632p. Sec. 1009. From the funds appropriated in part 1 for child development and care – child development and care public assistance, there is allocated $7,666,100.00 to raise the entrance threshold of the child development and care program from 121% of the federal poverty guidelines to 125% of the federal poverty guidelines. Sec. 1010. From the funds appropriated in part 1 for drinking water declaration of emergency, the unexpended funds appropriated for drinking water declaration of emergency needs are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the project is to provide for children where a drinking water declaration of emergency exists that are impacted by the emergency declaration dated January 5, 2016. (b) The projects will be accomplished by utilizing state employees or contracts with service providers, or both. (c) The total estimated cost of the project is $8,050,000.00. (d) The tentative completion date is September 30, 2018. ACCOUNTABILITY SERVICES Sec. 1021. Using the funds appropriated in part 1, the department shall work in collaboration with the department of technology, management, and budget to renegotiate the contract with the ACT to ensure that it registers, issues, and ships to schools a printed national career readiness certificate (NCRC) to each Michigan student who takes the ACT WorkKeys test, successfully completes the exam, qualifies for the certificate, and ensures that the renegotiated contract results in minimal or no additional costs to the state. If a renegotiation cannot be completed that results in minimal or no additional costs to the state, the department shall rebid the contract for the workskills portion of the Michigan merit exam (MME). ONE‑TIME APPROPRIATIONS Sec. 1101. (1) From the funds appropriated in part 1 for drinking water declaration of emergency, the department shall allocate funding to address the child care needs in a city in which a declaration of emergency was issued because of drinking water contamination. Funds shall be used to support the following activities in the city: (a) Pilot the expansion of the child development and care eligibility to children ages 0 to 3 for 1/2‑day child care services by increasing the household income entrance threshold to 300% of the federal poverty guidelines. (b) Provide information to child care providers on identification and intervention services for children demonstrating potential developmental delays associated with exposure to lead. (2) The department shall amend definitions and eligibility requirements in the child care and development fund state plan as necessary to implement this section. (3) The department shall create a report that includes, but is not limited to, all of the following: (a) The number of children ages 0 to 3 in a city where there is a drinking water declaration of emergency. (b) The number of children ages 0 to 3 in a city where there is a drinking water declaration of emergency served by the child development and care program before the implementation of the increase to the entrance threshold to 300% of the federal poverty guidelines. (c) The number of children ages 0 to 3 in a city where there is a drinking water declaration of emergency served by the child development and care program after the implementation of the increase to the entrance threshold to 300% of the federal poverty guidelines. (d) The number of cases including a child aged 0 to 3 in a city where there is a drinking water declaration of emergency and being served by the child development and care program. (e) The number of children receiving referrals for additional screenings, assessments, or services that are ages 0 to 3 in a city where there is a drinking water declaration of emergency and served by the child development and care program. (f) The number of children ages 0 to 3 identified with developmental delays in a city where there is a drinking water declaration of emergency and served by the child development and care program. (g) The number of children ages 0 to 3 who are in 1‑parent households in a city where there is a drinking water declaration of emergency and served by the child development and care program. (h) The number of children ages 0 to 3 who are in 2‑parent households in a city where there is a drinking water declaration of emergency and served by the child development and care program. (i) The number of child care providers that were provided training on identifying the impacts of lead exposure, as well as related developmental delays that are serving children ages 0 to 3 in a city where there is a drinking water declaration of emergency and participating in the child development and care program. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1137 (j) The types and number of communications with parents or caretakers on the impact of developmental delays and available services for children ages 0 to 3 in a city where there is a drinking water declaration of emergency and are being served by the child development and care program. The department shall create a list of communication types that includes, but is not limited to, all of the following: in person, telephone, letter, and electronic mail. (4) The report created under subsection (3) shall be sent to the state budget director, the house and senate subcommittees that oversee the department of education, and the house and senate fiscal agencies by the first of every month until the drinking water declaration of emergency has been lifted. Sec. 1102. (1) From the funds appropriated in part 1 for the statewide school drinking water quality program, each public school and registered nonpublic school will be eligible for up to $950.00 per school building. Funds will be provided on a reimbursement basis for costs for statewide school testing, fixture replacement, filter purchases, plumbing assessments, or technical assistance incurred from July 1, 2016 to September 30, 2017. As used in this subsection, “school building” means a “school” or “unique education provider” as defined within the Educational Entity Master, where instruction is provided to students. (2) Public school districts, public school academies, and nonpublic schools will be required to submit proof of public notification of the number of fixtures providing water for drinking or food preparation, testing results, number of fixtures replaced, and other corrective action plans prior to reimbursement. (3) Public school districts, public school academies, and nonpublic schools will be required to submit reimbursement requests through the existing electronic Michigan department of education grant monitoring system, as specified. (4) The department, department of environmental quality, and department of licensing and regulatory affairs will provide support to the schools, including technical assistance, analysis of results, site visits, and outreach materials. Administrative costs not to exceed 5% of the funding will be supported from the appropriation. (5) The department and the department of environmental quality will prepare a report summarizing the number of fixtures reported per school, tests completed, tests with elevated levels of lead, fixtures replaced, and schools completing a plumbing assessment. The report will be submitted to the legislature by December 31, 2017. PART 2A PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS FOR FISCAL YEAR 2017‑2018 GENERAL SECTIONS Sec. 1201. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2018 for the line items listed in part 1. The fiscal year 2017‑2018 appropriations are anticipated to be the same as those for fiscal year 2016‑2017, except that the line items will be adjusted for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2017 consensus revenue estimating conference. ARTICLE VII DEPARTMENT OF ENVIRONMENTAL QUALITY PART 1 LINE‑ITEM APPROPRIATIONS Sec. 101. There is appropriated for the department of environmental quality for the fiscal year ending September 30, 2017, from the following funds: DEPARTMENT OF ENVIRONMENTAL QUALITY APPROPRIATION SUMMARY Full‑time equated unclassified positions............................................................................. 6.0 Full‑time equated classified positions.......................................................................... 1,232.0 GROSS APPROPRIATION.......................................................................................................... $ 513,549,400 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 9,225,700 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 504,323,700 Federal revenues: Federal funds................................................................................................................................ 138,687,200 Special revenue funds: Private funds................................................................................................................................. 555,300 Total other state restricted revenues............................................................................................. 317,344,800 State general fund/general purpose.............................................................................................. $ 47,736,400 State general fund/general purpose schedule: Ongoing state general fund/general purpose.......................................................... 35,336,400 One‑time state general fund/general purpose......................................................... 12,400,000 FUND SOURCE SUMMARY Full‑time equated unclassified positions............................................................................. 6.0 Full‑time equated classified positions.......................................................................... 1,232.0 GROSS APPROPRIATION.......................................................................................................... $ 513,549,400 1138 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 Interdepartmental grant revenues: IDG, MDOT ‑ Michigan transportation fund............................................................................... $ 1,335,100 IDG, MDSP.................................................................................................................................. 1,744,500 IDT, interdivisional charges......................................................................................................... 2,053,400 IDT, laboratory services............................................................................................................... 4,092,700 Total interdepartmental grants and intradepartmental transfers................................................... 9,225,700 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 504,323,700 Federal revenues: Federal funds................................................................................................................................ 138,687,200 Special revenue funds: Private funds................................................................................................................................. 555,300 Air emissions fees........................................................................................................................ 12,132,700 Aquatic nuisance control fund...................................................................................................... 913,200 Campground fund......................................................................................................................... 315,100 Clean Michigan initiative ‑ clean water fund............................................................................... 3,417,100 Clean Michigan initiative ‑ contaminated sediments................................................................... 2,265,000 Clean Michigan initiative ‑ nonpoint source................................................................................ 2,000,000 Clean Michigan initiative ‑ response activities............................................................................ 14,900,000 Cleanup and redevelopment fund................................................................................................. 19,394,700 Community pollution prevention fund......................................................................................... 250,000 Electronic waste recycling fund................................................................................................... 327,100 Environmental education fund...................................................................................................... 166,200 Environmental pollution prevention fund..................................................................................... 7,977,300 Environmental protection fund..................................................................................................... 2,429,900 Environmental response fund....................................................................................................... 3,773,600 Fees and collections..................................................................................................................... 407,500 Financial instruments.................................................................................................................... 9,416,500 Flint emergency reserve fund....................................................................................................... 100 Great Lakes protection fund......................................................................................................... 391,100 Groundwater discharge permit fees.............................................................................................. 1,751,000 Infrastructure construction fund................................................................................................... 50,900 Land and water permit fees.......................................................................................................... 3,217,000 Landfill maintenance trust fund................................................................................................... 31,000 Medical waste emergency response fund..................................................................................... 330,800 Metallic mining surveillance fee revenue..................................................................................... 100,400 Mineral well regulatory fee revenue............................................................................................ 220,600 Nonferrous metallic mineral surveillance..................................................................................... 358,900 NPDES fees.................................................................................................................................. 4,542,100 Oil and gas regulatory fund.......................................................................................................... 5,103,500 Orphan well fund.......................................................................................................................... 2,408,600 Public swimming pool fund......................................................................................................... 650,300 Public utility assessments............................................................................................................. 262,000 Public water supply fees............................................................................................................... 4,914,000 Refined petroleum fund................................................................................................................ 42,473,800 Revitalization revolving loan fund............................................................................................... 103,100 Revolving loan revenue bonds...................................................................................................... 11,400,000 Sand extraction fee revenue......................................................................................................... 92,500 Scrap tire regulatory fund............................................................................................................. 5,080,800 Septage waste contingency fund.................................................................................................. 18,400 Septage waste program fund........................................................................................................ 525,000 Settlement funds........................................................................................................................... 425,400 Sewage sludge land application fees............................................................................................ 1,128,400 Small business pollution prevention revolving loan fund............................................................ 165,100 Soil erosion and sedimentation control training fund.................................................................. 169,600 Solid waste management fund ‑ staff account.............................................................................. 5,058,000 Stormwater permit fees................................................................................................................ 3,149,500 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1139 For Fiscal Year Ending Sept. 30, 2017 Strategic water quality initiatives fund......................................................................................... $ 116,193,700 Underground storage tank cleanup fund....................................................................................... 20,011,400 Wastewater operator training fees................................................................................................ 584,200 Water analysis fees....................................................................................................................... 2,239,600 Water pollution control revolving fund........................................................................................ 3,724,400 Water quality protection fund....................................................................................................... 100,000 Water use reporting fees............................................................................................................... 283,700 Total other state restricted revenues............................................................................................. 317,344,800 State general fund/general purpose.............................................................................................. $ 47,736,400 Sec. 102. EXECUTIVE OPERATIONS Full‑time equated unclassified positions............................................................................. 6.0 Full‑time equated classified positions............................................................................... 13.0 Unclassified salaries—6.0 FTE positions..................................................................................... $ 754,000 Executive direction—13.0 FTE positions..................................................................................... 2,099,400 GROSS APPROPRIATION.......................................................................................................... $ 2,853,400 Appropriated from: Federal revenues: Federal funds................................................................................................................................ 27,600 Special revenue funds: Environmental protection fund..................................................................................................... 304,900 Environmental response fund....................................................................................................... 173,100 Oil and gas regulatory fund.......................................................................................................... 226,900 Refined petroleum fund................................................................................................................ 601,000 Settlement funds........................................................................................................................... 11,600 State general fund/general purpose.............................................................................................. $ 1,508,300 Sec. 103. OFFICE OF THE GREAT LAKES Full‑time equated classified positions............................................................................... 12.0 Office of the Great Lakes—12.0 FTE positions........................................................................... $ 2,170,700 Coastal management grants.......................................................................................................... 1,250,000 GROSS APPROPRIATION.......................................................................................................... $ 3,420,700 Appropriated from: Federal revenues: Federal funds................................................................................................................................ 2,037,900 Special revenue funds: Great Lakes protection fund......................................................................................................... 369,400 Settlement funds........................................................................................................................... 113,700 State general fund/general purpose.............................................................................................. $ 899,700 Sec. 104. GREAT LAKES RESTORATION INITIATIVE Full‑time equated classified positions................................................................................. 6.0 Great Lakes restoration initiative—6.0 FTE positions................................................................. $ 15,090,700 GROSS APPROPRIATION.......................................................................................................... $ 15,090,700 Appropriated from: Federal revenues: Federal funds................................................................................................................................ 15,090,700 Special revenue funds: State general fund/general purpose.............................................................................................. $ 0 Sec. 105. DEPARTMENT SUPPORT SERVICES Full‑time equated classified positions............................................................................... 34.0 Central support services—34.0 FTE positions............................................................................. $ 4,147,800 Accounting service center............................................................................................................ 1,391,400 Administrative hearings................................................................................................................ 381,200 Automated data processing........................................................................................................... 2,053,400 Building occupancy charges......................................................................................................... 4,582,800 Environmental support projects.................................................................................................... 5,000,000 Rent ‑ privately owned property................................................................................................... 2,240,600 GROSS APPROPRIATION.......................................................................................................... $ 19,797,200 1140 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 Appropriated from: Interdepartmental grant revenues: IDG, MDSP.................................................................................................................................. $ IDT, interdivisional charges......................................................................................................... IDT, laboratory services............................................................................................................... Special revenue funds: Air emissions fees........................................................................................................................ Campground fund......................................................................................................................... Cleanup and redevelopment fund................................................................................................. Electronic waste recycling fund................................................................................................... Environmental pollution prevention fund..................................................................................... Environmental response fund....................................................................................................... Fees and collections..................................................................................................................... Financial instruments.................................................................................................................... Great Lakes protection fund......................................................................................................... Groundwater discharge permit fees.............................................................................................. Land and water permit fees.......................................................................................................... Medical waste emergency response fund..................................................................................... Metallic mining surveillance fee revenue..................................................................................... Mineral well regulatory fee revenue............................................................................................ Nonferrous metallic mineral surveillance..................................................................................... NPDES fees.................................................................................................................................. Oil and gas regulatory fund.......................................................................................................... Orphan well fund.......................................................................................................................... Public swimming pool fund......................................................................................................... Public utility assessments............................................................................................................. Public water supply fees............................................................................................................... Refined petroleum fund................................................................................................................ Sand extraction fee revenue......................................................................................................... Scrap tire regulatory fund............................................................................................................. Septage waste program fund........................................................................................................ Settlement funds........................................................................................................................... Sewage sludge land application fees............................................................................................ Small business pollution prevention revolving loan fund............................................................ Soil erosion and sedimentation control training fund.................................................................. Solid waste management fund ‑ staff account.............................................................................. Stormwater permit fees................................................................................................................ Wastewater operator training fees................................................................................................ Water analysis fees....................................................................................................................... Water use reporting fees............................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 106. OFFICE OF ENVIRONMENTAL ASSISTANCE Full‑time equated classified positions............................................................................... 38.0 Office of environmental assistance—38.0 FTE positions............................................................ $ Pollution prevention local grants.................................................................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Private funds................................................................................................................................. Air emissions fees........................................................................................................................ Community pollution prevention fund......................................................................................... Environmental education fund...................................................................................................... Environmental pollution prevention fund..................................................................................... Fees and collections..................................................................................................................... 60,100 2,053,400 153,300 1,258,400 14,300 1,438,700 15,300 778,800 217,800 26,900 7,261,900 14,100 182,600 528,500 16,100 4,500 8,100 800 224,300 598,500 47,400 24,600 19,500 174,300 1,610,700 3,800 152,600 18,100 37,200 116,500 17,400 17,000 306,400 115,200 31,000 138,100 22,200 2,088,800 6,257,700 250,000 6,507,700 704,800 364,200 136,300 250,000 166,200 1,501,300 120,100 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1141 For Fiscal Year Ending Sept. 30, 2017 Settlement funds........................................................................................................................... $ Small business pollution prevention revolving loan fund............................................................ State general fund/general purpose.............................................................................................. $ Sec. 107. WATER RESOURCE DIVISION Full‑time equated classified positions............................................................................. 316.0 Land and water interface permit programs—82.0 FTE positions................................................ $ Program direction and project assistance—27.0 FTE positions................................................... Water withdrawal assessment program—4.0 FTE positions........................................................ Water quality and use initiative/general—5.0 FTE positions....................................................... Real‑time beach monitoring program........................................................................................... Wetlands program......................................................................................................................... Aquatic nuisance control program—6.0 FTE positions............................................................... Expedited water/wastewater permits—1.0 FTE position.............................................................. Fish contaminant monitoring........................................................................................................ Groundwater discharge—22.0 FTE positions............................................................................... NPDES nonstormwater program—83.0 FTE positions................................................................ Surface water—86.0 FTE positions.............................................................................................. Federal ‑ Great Lakes remedial action plan grants...................................................................... Federal ‑ nonpoint source water pollution grants......................................................................... Contaminated lake and river sediment cleanup program............................................................. Nonpoint source pollution prevention and control project program............................................ Wetland mitigation banking grants and loans.............................................................................. Water quality protection grants.................................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG, MDOT ‑ Michigan transportation fund............................................................................... Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Aquatic nuisance control fund...................................................................................................... Clean Michigan initiative ‑ clean water fund............................................................................... Clean Michigan initiative ‑ contaminated sediments................................................................... Clean Michigan initiative ‑ nonpoint source................................................................................ Environmental response fund....................................................................................................... Groundwater discharge permit fees.............................................................................................. Infrastructure construction fund................................................................................................... Land and water permit fees.......................................................................................................... NPDES fees.................................................................................................................................. Refined petroleum fund................................................................................................................ Sewage sludge land application fees............................................................................................ Soil erosion and sedimentation control training fund.................................................................. Stormwater permit fees................................................................................................................ Strategic water quality initiatives fund......................................................................................... Wastewater operator training fees................................................................................................ Water pollution control revolving fund........................................................................................ Water quality protection fund....................................................................................................... Water use reporting fees............................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 108. LAW ENFORCEMENT DIVISION Full‑time equated classified positions............................................................................... 14.0 Environmental investigations—14.0 FTE positions..................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDT, laboratory services............................................................................................................... 262,900 134,400 2,867,500 11,659,600 3,030,700 1,423,500 1,645,700 500,000 1,000,000 913,200 50,900 316,100 3,215,900 13,003,900 15,871,800 583,800 4,083,300 1,565,000 2,000,000 3,000,000 100,000 63,963,400 1,249,000 19,479,100 913,200 3,417,100 1,565,000 2,000,000 204,800 1,472,900 50,900 2,345,100 4,144,500 442,300 950,200 139,600 2,945,900 3,000,000 280,700 821,900 100,000 245,100 18,196,100 2,837,200 2,837,200 15,800 1142 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 Federal revenues: Federal funds................................................................................................................................ $ Special revenue funds: Air emissions fees........................................................................................................................ Campground fund......................................................................................................................... Cleanup and redevelopment fund................................................................................................. Electronic waste recycling fund................................................................................................... Environmental pollution prevention fund..................................................................................... Environmental response fund....................................................................................................... Fees and collections..................................................................................................................... Financial instruments.................................................................................................................... Great Lakes protection fund......................................................................................................... Groundwater discharge permit fees.............................................................................................. Land and water permit fees.......................................................................................................... Medical waste emergency response fund..................................................................................... Metallic mining surveillance fee revenue..................................................................................... Mineral well regulatory fee revenue............................................................................................ NPDES fees.................................................................................................................................. Oil and gas regulatory fund.......................................................................................................... Orphan well fund.......................................................................................................................... Public swimming pool fund......................................................................................................... Public utility assessments............................................................................................................. Public water supply fees............................................................................................................... Refined petroleum fund................................................................................................................ Sand extraction fee revenue......................................................................................................... Scrap tire regulatory fund............................................................................................................. Septage waste program fund........................................................................................................ Sewage sludge land application fees............................................................................................ Small business pollution prevention revolving loan fund............................................................ Soil erosion and sedimentation control training fund.................................................................. Solid waste management fund ‑ staff account.............................................................................. Stormwater permit fees................................................................................................................ Wastewater operator training fees................................................................................................ Water analysis fees....................................................................................................................... Water use reporting fees............................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 109. AIR QUALITY DIVISION Full‑time equated classified positions............................................................................. 188.0 Air quality programs—188.0 FTE positions................................................................................ $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Air emissions fees........................................................................................................................ Environmental pollution prevention fund..................................................................................... Fees and collections..................................................................................................................... Oil and gas regulatory fund.......................................................................................................... Refined petroleum fund................................................................................................................ State general fund/general purpose.............................................................................................. $ Sec. 110. RESOURCE MANAGEMENT DIVISION Full‑time equated classified positions............................................................................. 305.0 Drinking water and environmental health—106.0 FTE positions................................................ $ Hazardous waste management program—45.0 FTE positions..................................................... Low‑level radioactive waste authority—2.0 FTE positions......................................................... 575,700 56,300 2,100 187,600 1,600 107,500 40,300 4,100 519,100 1,500 18,800 77,700 2,400 700 1,200 32,300 86,600 7,100 3,700 2,000 26,500 362,500 600 29,200 2,700 12,200 2,600 2,600 40,800 17,500 4,600 18,200 3,100 570,000 27,231,500 27,231,500 7,450,200 10,015,300 1,362,000 205,300 137,200 3,657,200 4,404,300 14,901,900 6,946,100 232,600 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1143 For Fiscal Year Ending Sept. 30, 2017 Medical waste program—2.0 FTE positions................................................................................ $ 302,300 Municipal assistance—29.0 FTE positions.................................................................................. 4,800,500 Radiological protection program—12.0 FTE positions................................................................ 1,966,500 Scrap tire regulatory program—10.0 FTE positions.................................................................... 1,334,700 Oil, gas, and mineral services—59.0 FTE positions.................................................................... 6,794,800 Recycling initiative—3.0 FTE positions...................................................................................... 1,008,700 Solid waste management program—37.0 FTE positions............................................................. 5,026,400 Drinking water program grants.................................................................................................... 830,000 Noncommunity water grants........................................................................................................ 2,000,000 Septage waste compliance grants................................................................................................. 275,000 Strategic water quality initiative grants and loans....................................................................... 97,000,000 Water pollution control and drinking water revolving fund......................................................... 84,993,000 Scrap tire grants........................................................................................................................... 3,500,000 GROSS APPROPRIATION.......................................................................................................... $ 231,912,500 Appropriated from: Interdepartmental grant revenues: IDG, MDSP.................................................................................................................................. 1,658,600 Federal revenues: Federal funds................................................................................................................................ 86,027,300 Special revenue funds: Campground fund......................................................................................................................... 290,300 Electronic waste recycling fund................................................................................................... 303,700 Environmental pollution prevention fund..................................................................................... 3,768,300 Fees and collections..................................................................................................................... 34,500 Medical waste emergency response fund..................................................................................... 302,300 Metallic mining surveillance fee revenue..................................................................................... 92,500 Mineral well regulatory fee revenue............................................................................................ 206,400 Nonferrous metallic mineral surveillance..................................................................................... 357,800 Oil and gas regulatory fund.......................................................................................................... 3,727,700 Orphan well fund.......................................................................................................................... 2,324,600 Public swimming pool fund......................................................................................................... 606,900 Public utility assessments............................................................................................................. 232,600 Public water supply fees............................................................................................................... 4,257,700 Refined petroleum fund................................................................................................................ 682,500 Revolving loan revenue bonds...................................................................................................... 11,400,000 Sand extraction fee revenue......................................................................................................... 85,800 Scrap tire regulatory fund............................................................................................................. 4,834,700 Septage waste contingency fund.................................................................................................. 18,400 Septage waste program fund........................................................................................................ 492,900 Solid waste management fund ‑ staff account.............................................................................. 4,539,600 Strategic water quality initiatives fund......................................................................................... 98,193,700 Wastewater operator training fees................................................................................................ 248,700 Water pollution control revolving fund........................................................................................ 2,858,900 State general fund/general purpose.............................................................................................. $ 4,366,100 Sec. 111. REMEDIATION AND REDEVELOPMENT DIVISION Full‑time equated classified positions............................................................................. 291.0 Contaminated site investigations, cleanup and revitalization—127.0 FTE positions................... $ 13,859,200 Federal cleanup project management—40.0 FTE positions......................................................... 6,934,500 Laboratory services—39.0 FTE positions.................................................................................... 6,175,300 Emergency cleanup actions.......................................................................................................... 4,000,000 Environmental cleanup support.................................................................................................... 1,840,000 Environmental cleanup and redevelopment program................................................................... 29,900,000 Refined petroleum product cleanup program—85.0 FTE positions............................................. 34,475,700 Superfund cleanup........................................................................................................................ 1,000,000 GROSS APPROPRIATION.......................................................................................................... $ 98,184,700 1144 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 Appropriated from: Interdepartmental grant revenues: IDT, laboratory services............................................................................................................... $ Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Private funds................................................................................................................................. Clean Michigan initiative ‑ response activities............................................................................ Cleanup and redevelopment fund................................................................................................. Environmental protection fund..................................................................................................... Environmental response fund....................................................................................................... Landfill maintenance trust fund................................................................................................... Public water supply fees............................................................................................................... Refined petroleum fund................................................................................................................ Revitalization revolving loan fund............................................................................................... Strategic water quality initiatives fund......................................................................................... Water analysis fees....................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 112. UNDERGROUND STORAGE TANK AUTHORITY Full‑time equated classified positions................................................................................. 5.0 Underground storage tank cleanup program—5.0 FTE positions................................................ $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Underground storage tank cleanup fund....................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 113. INFORMATION TECHNOLOGY Information technology services and projects.............................................................................. $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG, MDOT ‑ Michigan transportation fund............................................................................... IDG, MDSP.................................................................................................................................. IDT, laboratory services............................................................................................................... Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Air emissions fees........................................................................................................................ Campground fund......................................................................................................................... Cleanup and redevelopment fund................................................................................................. Electronic waste recycling fund................................................................................................... Environmental pollution prevention fund..................................................................................... Environmental protection fund..................................................................................................... Environmental response fund....................................................................................................... Fees and collections..................................................................................................................... Financial instruments.................................................................................................................... Great Lakes protection fund......................................................................................................... Groundwater discharge permit fees.............................................................................................. Land and water permit fees.......................................................................................................... Medical waste emergency response fund..................................................................................... Metallic mining surveillance fee revenue..................................................................................... Mineral well regulatory fee revenue............................................................................................ Nonferrous metallic mineral surveillance..................................................................................... NPDES fees.................................................................................................................................. Oil and gas regulatory fund.......................................................................................................... Orphan well fund.......................................................................................................................... 3,858,800 6,305,400 191,100 14,900,000 17,006,600 2,037,600 2,972,000 31,000 307,500 33,462,600 103,100 15,000,000 2,009,000 0 20,011,400 20,011,400 20,011,400 0 8,638,900 8,638,900 86,100 25,800 64,800 988,500 666,400 8,400 761,800 6,500 459,400 87,400 165,600 16,600 1,635,500 6,100 76,700 265,700 10,000 2,700 4,900 300 141,000 326,600 29,500 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1145 For Fiscal Year Ending Sept. 30, 2017 Public swimming pool fund......................................................................................................... $ Public utility assessments............................................................................................................. Public water supply fees............................................................................................................... Refined petroleum fund................................................................................................................ Sand extraction fee revenue......................................................................................................... Scrap tire regulatory fund............................................................................................................. Septage waste program fund........................................................................................................ Sewage sludge land application fees............................................................................................ Small business pollution prevention revolving loan fund............................................................ Soil erosion and sedimentation control training fund.................................................................. Solid waste management fund ‑ staff account.............................................................................. Stormwater permit fees................................................................................................................ Wastewater operator training fees................................................................................................ Water analysis fees....................................................................................................................... Water pollution control revolving fund........................................................................................ Water use reporting fees............................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 114. ONE‑TIME BASIS ONLY APPROPRIATIONS Full‑time equated classified positions............................................................................... 10.0 Contaminated lake and river sediment cleanup program............................................................. $ Drinking water declaration of emergency—10.0 FTE positions.................................................. Oil, gas, and mineral services (one‑time).................................................................................... Saginaw River dredging project ‑ phase I.................................................................................... Water pollution control and drinking water revolving fund......................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Clean Michigan initiative ‑ contaminated sediments................................................................... Flint emergency reserve fund....................................................................................................... State general fund/general purpose.............................................................................................. $ PART 2 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2016‑2017 15,100 7,900 148,000 1,655,000 2,300 64,300 11,300 49,500 10,700 10,400 171,200 70,900 19,200 74,300 43,600 13,300 435,600 700,000 5,400,100 4,000,000 50,000 2,950,000 13,100,100 700,000 100 12,400,000 GENERAL SECTIONS Sec. 201. In accordance with the provisions of section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for the fiscal year ending September 30, 2017 is $365,081,200.00 and state appropriations paid to local units of government are $3,750,000.00. The following itemized list identifies appropriations from which appropriations to local units of government will occur: DEPARTMENT OF ENVIRONMENTAL QUALITY Drinking water and environmental health.................................................................................... $ 212,000 Drinking water program grants.................................................................................................... 157,000 Emergency cleanup actions.......................................................................................................... 106,000 Noncommunity water grants........................................................................................................ 1,700,000 Scrap tire grants........................................................................................................................... 500,000 Pollution prevention local grants.................................................................................................. 250,000 Real‑time beach monitoring program........................................................................................... 500,000 Septage waste compliance grants................................................................................................. 100,000 Solid waste management program................................................................................................ 65,000 Surface water................................................................................................................................ 160,000 TOTAL.......................................................................................................................................... $ 3,750,000 Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. Sec. 203. As used in this part and part 1: (a) “Department” means the department of environmental quality. (b) “Director” means the director of the department. (c) “FTE” means full‑time equated. 1146 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (d) “IDG” means interdepartmental grant. (e) “IDT” means intradepartmental transfer. (f) “MDOT” means the state transportation department. (g) “MDSP” means the department of state police. (h) “NPDES” means national pollution discharge elimination system. Sec. 204. The departments and agencies receiving appropriations in part 1 shall use the Internet to fulfill the reporting requirements of this part. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an Internet or Intranet site. Sec. 205. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality. Sec. 206. The director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. The director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both. Sec. 207. The departments and agencies receiving appropriations in part 1 shall prepare a report on out‑of‑state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the house and senate appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information: (a) The dates of each travel occurrence. (b) The total transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues. Sec. 208. Funds appropriated in this part and part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those activities that the attorney general authorizes. Sec. 209. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year‑end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and the senate and house fiscal agencies. Sec. 210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $30,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $500,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 211. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency: (a) Fiscal year‑to‑date expenditures by category. (b) Fiscal year‑to‑date expenditures by appropriation unit. (c) Fiscal year‑to‑date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description. (d) The number of active department employees by job classification. (e) Job specifications and wage rates. Sec. 212. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the senate and house appropriations chairs, the senate and house appropriations No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1147 subcommittee chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2016 and September 30, 2017. Sec. 213. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the agency’s performance. Sec. 214. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2017 are $33,238,200.00. From this amount, total agency appropriations for pension‑related legacy costs are estimated at $18,429,800.00. Total agency appropriations for retiree health care legacy costs are estimated at $14,808,400.00. Sec. 216. (1) The department shall report all of the following information relative to allocations made from appropriations for the environmental cleanup and redevelopment program, state cleanup, emergency actions, superfund cleanup, the revitalization revolving loan program, the brownfield grants and loans program, the leaking underground storage tank cleanup program, the contaminated lake and river sediments cleanup program, the refined petroleum product cleanup program, and the environmental protection bond projects under section 19508(7) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.19508, to the state budget director, the senate and house appropriations subcommittees on environmental quality, and the senate and house fiscal agencies: (a) The name and location of the site for which an allocation is made. (b) The nature of the problem encountered at the site. (c) A brief description of how the problem will be resolved if the allocation is made for a response activity. (d) The estimated date that site closure activities will be completed. (e) The amount of the allocation, or the anticipated financing for the site. (f) A summary of the sites and the total amount of funds expended at the sites at the conclusion of the fiscal year. (g) The number of brownfield projects that were successfully redeveloped. (2) The report prepared under subsection (1) shall also include all of the following: (a) The status of all state‑owned facilities that are on the list compiled under part 201 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.20101 to 324.20142. (b) The report shall include the total amount of funds expended during the fiscal year and the total amount of funds awaiting expenditure. (c) The total amount of bonds issued for the environmental protection bond program pursuant to part 193 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.19301 to 324.19306, and bonds issued pursuant to the clean Michigan initiative act, 1998 PA 284, MCL 324.95101 to 324.95108. (3) The report shall be made available by March 31 of each year. Sec. 217. (1) The department may expend amounts remaining from the current and prior fiscal year appropriations to meet funding needs of legislatively approved sites for the environmental cleanup and redevelopment program, the refined petroleum product cleanup program, brownfield grants and loans, waterfront grants, and the environmental bond site reclamation program. (2) Unexpended and unencumbered amounts remaining from appropriations from the environmental protection bond fund contained in 2003 PA 173, 2005 PA 109, 2006 PA 343, 2011 PA 63, and 2012 PA 236 are appropriated for expenditure for any site listed in this part and part 1 and any site listed in the public acts referenced in this section. (3) Unexpended and unencumbered amounts remaining from appropriations from the clean Michigan initiative fund ‑ response activities contained in 2000 PA 52, 2004 PA 309, 2005 PA 11, 2006 PA 343, 2007 PA 121, 2011 PA 63, 2013 PA 59, 2014 PA 252, and 2015 PA 84 are appropriated for expenditure for any site listed in this part and part 1 and any site listed in the public acts referenced in this section. (4) Unexpended and unencumbered amounts remaining from appropriations from the refined petroleum fund activities contained in 2007 PA 121, 2008 PA 247, 2009 PA 118, 2010 PA 189, 2011 PA 63, 2012 PA 200, 2013 PA 59, 2014 PA 252, and 2015 PA 84 are appropriated for expenditure for any site listed in this part and part 1 and any site listed in the public acts referenced in this section. (5) Unexpended and unencumbered amounts remaining from the appropriations from the strategic water quality initiatives fund contained in 2011 PA 50, 2011 PA 63, 2012 PA 200, 2013 PA 59, 2014 PA 252, and 2015 PA 84 are appropriated for expenditure for any site listed in this part and part 1 and any site listed in the public acts referenced in this section. Sec. 219. Unexpended settlement revenues at the end of the fiscal year may be carried forward into the settlement fund in the succeeding fiscal year up to a maximum carryforward of $2,500,000.00. Sec. 220. The department shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff. Sec. 221. (1) Funds appropriated in part 1 shall not be used by the department to promulgate a rule that will apply to a small business and that will have a disproportionate economic impact on small businesses because of the size of those businesses if the department fails to reduce the disproportionate economic impact of the rule on small businesses as provided under section 40 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.240. 1148 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (2) As used in this section: (a) “Rule” means that term as defined under section 7 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.207. (b) “Small business” means that term as defined under section 7a of the administrative procedures act of 1969, 1969 PA 306, MCL 24.207a. Sec. 235. The department shall prepare an annual report to the legislature that details all of the following for each of the allocations from the clean Michigan initiative bond fund as described in section 19607(1)(a) to (i) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.19607: (a) The progress of projects funded in each category. (b) The current cost to date of all projects funded in each category. (c) The estimated remaining cost of all projects funded in each category. (d) The remaining balance of money in the fund allocated for each category. REMEDIATION DIVISION Sec. 301. Revenues remaining in the interdepartmental transfers, laboratory services at the end of the fiscal year shall carry forward into the succeeding fiscal year. Sec. 302. The unexpended funds appropriated in part 1 for emergency cleanup actions, the environmental cleanup and redevelopment program, and the refined petroleum product cleanup program are considered work project appropriations and any unencumbered or unallotted funds are carried forward into the succeeding fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the projects to be carried forward is to provide contaminated site cleanup. (b) The projects will be accomplished by contract. (c) The total estimated cost of all projects is identified in each line‑item appropriation. (d) The tentative completion date is September 30, 2021. Sec. 303. Effective October 1, 2016, surplus funds not to exceed $1,000,000.00 in the cleanup and redevelopment trust fund are appropriated to the environmental protection fund created in section 503a of the natural resources and environmental protection act, 1994 PA 451, MCL 324.503a. Sec. 304. Effective October 1, 2016, surplus funds not to exceed $1,000,000.00 in the community pollution prevention fund created in section 3f of 1976 IL 1, MCL 445.573f, are appropriated to the environmental protection fund created in section 503a of the natural resources and environmental protection act, 1994 PA 451, MCL 324.503a. Sec. 305. It is the intent of the legislature to repay the refined petroleum fund for the $70,000,000.00 that was transferred to the environmental protection fund created in section 503a of the natural resources and environmental protection act, 1994 PA 451, MCL 324.503a, as part of the resolution for the fiscal year 2006‑2007 budget. Sec. 306. (1) The funds appropriated in part 1 for the refined petroleum product cleanup program shall be used to fund cleanup activities on the following sites: Site Name County Long Lake Super Market Alpena Geyer Motor Sales Cheboygan Procter Gamble Cheboygan 501 Leonard Kent 1603 Diamond Kent Blanchard Grocery Montcalm Mark & Penny Case Branch Clark Service Station #1027 Kalamazoo Action Auto #4 Genesee Linden Multi‑site Contamination Genesee 13169 Northline Road Wayne (2) The department shall provide a report to the legislature on the amount actually spent at each site listed in subsection (1) and give a detailed account of the work actually performed at each site. Sec. 310. (1) Upon approval by the state budget director, the department may expend from the general fund of the state an amount to meet the cash‑flow requirements of projects funded under any of the following that are financed from bond proceeds and for which bonds have been authorized but not yet issued: (a) Part 52 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.5201 to 324.5206. (b) Part 193 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.19301 to 324.19306. (c) Part 196 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.19601 to 324.19616. (2) Upon the sale of bonds for projects described in subsection (1), the department shall credit the general fund of the state an amount equal to that expended from the general fund. Sec. 312. From funds appropriated in part 1, the department shall do both of the following: (a) Conduct a study on the effects of long‑term exposure to perfluorinated compounds. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1149 (b) Conduct a workgroup to establish cleanup criteria for perfluorinated compounds under part 201 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.20101 to 324.20142. WATER RESOURCES DIVISION Sec. 402. From the funds appropriated in part 1 for the water quality and use initiative/general line item, the department shall update a report detailing a comprehensive plan for the use of the water quality and use initiative funding appropriated in part 1 and identifying the amount of expenditures for specific programs made from the water quality and use initiative/general line item, the real‑time beach monitoring program line item, and the wetlands program line item. The report shall be submitted to the chairpersons of the senate and house of representatives appropriations subcommittees on environmental quality and the senate and house fiscal agencies by September 30, 2017. Sec. 405. If a certified health department does not exist in a city, county, or district or does not fulfill its responsibilities under part 117 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.11701 to 324.11720, then the department may spend funds appropriated in part 1 under the septage waste compliance program in accordance with section 11716 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.11716. Sec. 407. The unexpended funds appropriated in part 1 for the contaminated lake and river sediment cleanup program are considered work project appropriations and any unencumbered or unallotted funds are carried forward into the succeeding fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the projects to be carried forward is to provide contaminated sediment cleanup. (b) The projects will be accomplished by contract. (c) The total estimated cost of all projects is $2,265,000. (d) The tentative completion date is September 30, 2021. Sec. 410. From the funds appropriated in part 1, the department shall compile a report on the status of the implementation plan for the western Lake Erie basin collaborative agreement. The department shall submit the report to the house and senate appropriations subcommittees on environmental quality and the house and senate fiscal agencies by March 1. RESOURCE MANAGEMENT DIVISION Sec. 603. From the funds appropriated in part 1, by December 31, 2016, the department shall compile and make available to the public on a publicly accessible website a report containing a summary document of each completed asset management plan for any stormwater, asset management, or wastewater grant awarded to a local unit of government to fund the development of a plan. As a condition of receiving a stormwater, asset management, or wastewater grant, a local unit of government shall make its asset management plan available to the department upon request when completed and shall retain copies of the plan that can be made available to the public for a minimum of 15 years. The department shall make available a summary document of each plan on a publicly accessible website by September 30 of the year it was completed. The summary document shall include a summary of the plan and contact information for the local unit of government. UNDERGROUND STORAGE TANK AUTHORITY Sec. 701. The unexpended funds appropriated in part 1 for the underground storage tank cleanup program are considered work project appropriations, and any unencumbered or unallotted funds are carried forward into the succeeding fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the projects to be carried forward is to provide contaminated site cleanup. (b) The projects will be accomplished by contract. (c) The total estimated cost of all projects is $20,000,000.00. (d) The tentative completion date is September 30, 2021. ONE‑TIME APPROPRIATIONS Sec. 801. From the funds appropriated in part 1 for drinking water declaration of emergency, the department shall allocate funds to address the following in a city in which a declaration of emergency was issued because of drinking water contamination: (a) Funding to change the source of water serving the distressed community’s public water supply to an alternative reliable source of water. (b) Staff, lab and testing, and contract costs. Sec. 803. The department shall provide a report detailing the expenditure of departmental funds appropriated in 2015 PA 143 and 2016 PA 3. The report shall include the following: (a) The names and locations of entities receiving funds. (b) The purpose for each expenditure. (c) The status of programs supported by this funding. (d) A brief description of how related problems have been or will be resolved if expenditures are made for immediate response. (e) The job titles and number of departmental FTEs engaged in the Flint declaration of emergency response effort. 1150 JOURNAL OF THE SENATE [June 8, 2016] ARTICLE VIII GENERAL GOVERNMENT PART 1 LINE‑ITEM APPROPRIATIONS [No. 57 Sec. 101. There is appropriated for the legislature, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, the department of talent and economic development, and certain state purposes related thereto for the fiscal year ending September 30, 2017, from the following funds: TOTAL GENERAL GOVERNMENT APPROPRIATION SUMMARY Full‑time equated unclassified positions........................................................................... 50.0 Full‑time equated classified positions.......................................................................... 8,709.7 GROSS APPROPRIATION.......................................................................................................... $ 4,869,270,600 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 760,158,300 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 4,109,112,300 Federal revenues: Total federal revenues................................................................................................................... 826,723,500 Special revenue funds: Total local revenues...................................................................................................................... 12,021,000 Total private revenues................................................................................................................... 6,064,500 Total other state restricted revenues............................................................................................. 2,126,990,600 State general fund/general purpose.............................................................................................. $ 1,137,312,700 Sec. 102. DEPARTMENT OF ATTORNEY GENERAL (1) APPROPRIATION SUMMARY Full‑time equated unclassified positions............................................................................. 6.0 Full‑time equated classified positions............................................................................. 527.0 GROSS APPROPRIATION.......................................................................................................... $ 101,485,800 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 28,989,700 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 72,496,100 Federal revenues: Total federal revenues................................................................................................................... 9,476,700 Special revenue funds: Total local revenues...................................................................................................................... 0 Total private revenues................................................................................................................... 0 Total other state restricted revenues............................................................................................. 20,178,900 State general fund/general purpose.............................................................................................. $ 42,840,500 (2) ATTORNEY GENERAL OPERATIONS Full‑time equated unclassified positions............................................................................. 6.0 Full‑time equated classified positions............................................................................. 522.5 Attorney general........................................................................................................................... $ 112,500 Unclassified positions—5.0 FTE positions.................................................................................. 754,000 Attorney general operations—479.5 FTE positions..................................................................... 86,400,000 Child support enforcement—25.0 FTE positions......................................................................... 3,503,800 Prosecuting attorneys coordinating council—12.0 FTE positions............................................... 2,142,600 Public safety initiative—1.0 FTE position................................................................................... 905,800 Sexual assault law enforcement—5.0 FTE positions................................................................... 1,713,500 GROSS APPROPRIATION.......................................................................................................... $ 95,532,200 Appropriated from: Interdepartmental grant revenues: IDG from MDHHS, health policy................................................................................................ 206,900 IDG from MDHHS, medical services administration.................................................................. 691,200 IDG from MDHHS, WIC............................................................................................................. 152,500 IDG from department of corrections............................................................................................ 660,300 IDG from MDE............................................................................................................................ 595,600 IDG from MDEQ......................................................................................................................... 2,009,000 IDG from MDHHS, human services............................................................................................ 5,932,500 IDG from MDIFS, financial and insurance services.................................................................... 1,213,000 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1151 For Fiscal Year Ending Sept. 30, 2017 IDG from TED, workforce development agency......................................................................... $ IDG from MDLARA, fireworks safety fund................................................................................ IDG from MDLARA, health professions..................................................................................... IDG from MDLARA, licensing and regulation fees.................................................................... IDG from MDLARA, Michigan occupational safety and health administration......................... IDG from MDLARA, remonumentation fees............................................................................... IDG from MDLARA, securities fees........................................................................................... IDG from MDLARA, unlicensed builders................................................................................... IDG from MDMVA...................................................................................................................... IDG from MDOS, children’s protection registry......................................................................... IDG from MDOT, comprehensive transportation fund................................................................ IDG from MDOT, state aeronautics fund..................................................................................... IDG from MDOT, state trunkline fund........................................................................................ IDG from MDSP.......................................................................................................................... IDG from MDTMB...................................................................................................................... IDG from MDTMB, civil service commission............................................................................ IDG from MDTMB, risk management revolving fund................................................................ IDG from Michigan state housing development authority........................................................... IDG from treasury........................................................................................................................ IDG from TED, Michigan strategic fund..................................................................................... Federal revenues: DAG, state administrative match grant/food stamps.................................................................... Federal funds................................................................................................................................ HHS, medical assistance, medigrant............................................................................................ HHS‑OS, state Medicaid fraud control units............................................................................... National criminal history improvement program......................................................................... Special revenue funds: Antitrust enforcement collections................................................................................................. Attorney general’s operations fund.............................................................................................. Auto repair facilities fees............................................................................................................. Franchise fees............................................................................................................................... Game and fish protection fund..................................................................................................... Human trafficking commission fund............................................................................................ Lawsuit settlement proceeds fund................................................................................................ Liquor purchase revolving fund................................................................................................... Manufactured housing fees........................................................................................................... Merit award trust fund.................................................................................................................. Michigan employment security act ‑ administrative fund............................................................ Prisoner reimbursement................................................................................................................ Prosecuting attorneys training fees............................................................................................... Public utility assessments............................................................................................................. Real estate enforcement fund....................................................................................................... Reinstatement fees........................................................................................................................ Retirement funds.......................................................................................................................... Second injury fund....................................................................................................................... Self‑insurers security fund............................................................................................................ Silicosis and dust disease fund..................................................................................................... State building authority revenue................................................................................................... State casino gaming fund............................................................................................................. State lottery fund.......................................................................................................................... Utility consumers fund................................................................................................................. Waterways fund............................................................................................................................ Worker’s compensation administrative revolving fund................................................................ State general fund/general purpose.............................................................................................. $ (3) INFORMATION TECHNOLOGY Information technology services and projects.............................................................................. $ GROSS APPROPRIATION.......................................................................................................... $ 89,600 83,000 3,037,400 335,600 107,700 106,100 188,300 334,700 164,900 45,000 204,500 177,600 2,429,200 257,300 463,800 305,900 1,468,400 676,600 6,874,000 179,100 137,000 3,145,100 384,800 5,688,600 121,200 762,600 767,000 327,400 382,400 751,100 390,000 2,600,000 1,459,200 250,600 495,700 2,241,500 625,200 411,500 2,077,300 100,700 257,700 1,042,200 821,700 571,200 225,700 120,900 1,861,900 345,100 780,800 140,000 369,500 36,886,900 1,553,600 1,553,600 1152 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 Appropriated from: State general fund/general purpose.............................................................................................. $ (4) ONE‑TIME BASIS ONLY APPROPRIATIONS Full‑time equated classified positions................................................................................. 4.5 Prescription drug abuse enforcement—4.5 FTE positions........................................................... $ State defense costs........................................................................................................................ Prosecuting attorneys coordinating council juvenile life without parole cases............................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ Sec. 103. DEPARTMENT OF CIVIL RIGHTS (1) APPROPRIATION SUMMARY Full‑time equated unclassified positions............................................................................. 6.0 Full‑time equated classified positions............................................................................. 129.0 GROSS APPROPRIATION.......................................................................................................... $ Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... ADJUSTED GROSS APPROPRIATION..................................................................................... $ Federal revenues: Total federal revenues................................................................................................................... Special revenue funds: Total local revenues...................................................................................................................... Total private revenues................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ (2) CIVIL RIGHTS OPERATIONS Full‑time equated unclassified positions............................................................................. 6.0 Full‑time equated classified positions............................................................................. 127.0 Unclassified positions—6.0 FTE positions.................................................................................. $ Civil rights operations—121.0 FTE positions.............................................................................. Division on deaf and hard of hearing—6.0 FTE positions.......................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG from DTMB.......................................................................................................................... Federal revenues: EEOC, state and local antidiscrimination agency contracts......................................................... HUD, grant................................................................................................................................... Special revenue funds: Private revenues............................................................................................................................ Division on deafness fund............................................................................................................ State restricted indirect funds....................................................................................................... State general fund/general purpose.............................................................................................. $ (3) INFORMATION TECHNOLOGY Information technology services and projects.............................................................................. $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: EEOC, state and local antidiscrimination agency contracts......................................................... State general fund/general purpose.............................................................................................. $ (4) ONE‑TIME BASIS ONLY APPROPRIATIONS Full‑time equated classified positions................................................................................. 2.0 Division on deaf and hard of hearing—2.0 FTE positions.......................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ 1,553,600 700,000 3,000,000 700,000 4,400,000 4,400,000 16,248,500 293,600 15,954,900 2,763,000 0 18,700 151,900 13,021,300 660,300 13,831,700 798,600 15,290,600 293,600 1,211,500 1,536,500 18,700 93,400 58,500 12,078,400 707,900 707,900 15,000 692,900 250,000 250,000 250,000 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1153 For Fiscal Year Ending Sept. 30, 2017 Sec. 104. EXECUTIVE OFFICE (1) APPROPRIATION SUMMARY Full‑time equated unclassified positions........................................................................... 10.0 Full‑time equated classified positions............................................................................... 74.2 GROSS APPROPRIATION.......................................................................................................... $ 5,636,300 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 0 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 5,636,300 Federal revenues: Total federal revenues................................................................................................................... 0 Special revenue funds: Total local revenues...................................................................................................................... 0 Total private revenues................................................................................................................... 0 Total other state restricted revenues............................................................................................. 0 State general fund/general purpose.............................................................................................. $ 5,636,300 (2) EXECUTIVE OFFICE OPERATIONS Full‑time equated unclassified positions........................................................................... 10.0 Full‑time equated classified positions............................................................................... 74.2 Governor....................................................................................................................................... $ 159,300 Lieutenant governor...................................................................................................................... 111,600 Executive office—74.2 FTE positions.......................................................................................... 4,108,100 Unclassified positions—8.0 FTE positions.................................................................................. 1,257,300 GROSS APPROPRIATION.......................................................................................................... $ 5,636,300 Appropriated from: State general fund/general purpose.............................................................................................. $ 5,636,300 Sec. 105. LEGISLATURE (1) APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ 165,555,500 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 5,558,600 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 159,996,900 Federal revenues: Total federal revenues................................................................................................................... 0 Special revenue funds: Total local revenues...................................................................................................................... 0 Total private revenues................................................................................................................... 400,000 Total other state restricted revenues............................................................................................. 6,245,200 State general fund/general purpose.............................................................................................. $ 153,351,700 (2) LEGISLATURE Senate........................................................................................................................................... $ 34,523,700 Senate automated data processing................................................................................................ 2,500,000 Senate fiscal agency..................................................................................................................... 3,779,600 House of representatives............................................................................................................... 53,095,900 House automated data processing................................................................................................ 2,200,000 House fiscal agency...................................................................................................................... 3,779,600 GROSS APPROPRIATION.......................................................................................................... $ 99,878,800 Appropriated from: State general fund/general purpose.............................................................................................. $ 99,878,800 (3) LEGISLATIVE COUNCIL Legislative council........................................................................................................................ $ 11,981,200 Legislative service bureau automated data processing................................................................. 1,426,600 Worker’s compensation................................................................................................................. 151,400 National association dues............................................................................................................. 454,700 Legislative corrections ombudsman.............................................................................................. 729,200 Michigan veterans facility ombudsman........................................................................................ 150,000 GROSS APPROPRIATION.......................................................................................................... $ 14,893,100 1154 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 Appropriated from: Special revenue funds: Private ‑ gifts and bequests revenues........................................................................................... $ State general fund/general purpose.............................................................................................. $ (4) LEGISLATIVE RETIREMENT SYSTEM General nonretirement expenses................................................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Court fees..................................................................................................................................... State general fund/general purpose.............................................................................................. $ (5) PROPERTY MANAGEMENT Cora Anderson Building............................................................................................................... $ Farnum Building and other properties.......................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ (6) STATE CAPITOL HISTORIC SITE General operations........................................................................................................................ $ Restoration, renewal, and maintenance........................................................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Capitol historic site fund.............................................................................................................. State general fund/general purpose.............................................................................................. $ (7) OFFICE OF THE AUDITOR GENERAL Unclassified positions................................................................................................................... $ Field operations............................................................................................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG from MDHHS, human services............................................................................................ IDG from MDLARA, liquor purchase revolving fund................................................................. IDG from MDOT, comprehensive transportation fund................................................................ IDG from MDOT, Michigan transportation fund......................................................................... IDG from MDOT, state aeronautics fund..................................................................................... IDG from MDOT, state trunkline fund........................................................................................ IDG, legislative retirement system............................................................................................... IDG, single audit act.................................................................................................................... IDG, commercial mobile radio system emergency telephone fund............................................. IDG, contract audit administration fees....................................................................................... IDG, deferred compensation funds............................................................................................... IDG, Michigan finance authority................................................................................................. IDG, Michigan economic development corporation..................................................................... IDG, Michigan education trust fund............................................................................................ IDG, Michigan justice training commission fund........................................................................ IDG, Michigan strategic fund....................................................................................................... IDG, office of retirement services................................................................................................ IDG, other restricted funding sources.......................................................................................... Special revenue funds: 21st century jobs trust fund.......................................................................................................... Brownfield development fund...................................................................................................... Clean Michigan initiative implementation bond fund.................................................................. Game and fish protection fund..................................................................................................... MDTMB, civil service commission............................................................................................. Michigan state housing development authority fees.................................................................... 400,000 14,493,100 4,962,800 4,962,800 1,154,600 3,808,200 11,426,700 2,851,800 14,278,500 14,278,500 4,269,200 3,121,200 7,390,400 3,121,200 4,269,200 329,400 23,322,500 23,651,900 30,600 28,700 39,000 315,800 30,300 733,500 29,200 2,913,100 36,800 41,400 54,400 330,800 96,300 70,800 40,900 169,100 218,400 379,500 96,300 28,100 54,500 31,300 166,200 113,500 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1155 For Fiscal Year Ending Sept. 30, 2017 Michigan veterans’ trust fund...................................................................................................... $ 35,500 Motor transport revolving fund.................................................................................................... 7,400 Office services revolving fund..................................................................................................... 10,000 State disbursement unit, office of child support........................................................................... 57,400 State services fee fund.................................................................................................................. 1,357,900 Waterways fund............................................................................................................................ 11,300 State general fund/general purpose.............................................................................................. $ 16,123,900 (8) ONE‑TIME BASIS ONLY APPROPRIATIONS Criminal justice policy commission study................................................................................... $ 500,000 GROSS APPROPRIATION.......................................................................................................... $ 500,000 Appropriated from: State general fund/general purpose.............................................................................................. $ 500,000 Sec. 106. DEPARTMENT OF STATE (1) APPROPRIATION SUMMARY Full‑time equated unclassified positions............................................................................. 6.0 Full‑time equated classified positions.......................................................................... 1,587.0 GROSS APPROPRIATION.......................................................................................................... $ 248,015,600 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 20,000,000 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 228,015,600 Federal revenues: Total federal revenues................................................................................................................... 1,460,000 Special revenue funds: Total local revenues...................................................................................................................... 0 Total private revenues................................................................................................................... 100 Total other state restricted revenues............................................................................................. 204,445,900 State general fund/general purpose.............................................................................................. $ 22,109,600 (2) EXECUTIVE DIRECTION Full‑time equated unclassified positions............................................................................. 6.0 Full‑time equated classified positions............................................................................... 30.0 Secretary of state.......................................................................................................................... $ 112,500 Unclassified positions—5.0 FTE positions.................................................................................. 628,800 Operations—30.0 FTE positions.................................................................................................. 4,567,200 GROSS APPROPRIATION.......................................................................................................... $ 5,308,500 Appropriated from: Special revenue funds: Auto repair facilities fees............................................................................................................. 68,700 Children’s protection registry fund............................................................................................... 270,700 Driver fees.................................................................................................................................... 276,000 Enhanced driver license and enhanced official state personal identification card fund............... 216,700 Expedient service fees.................................................................................................................. 66,300 Parking ticket court fines.............................................................................................................. 9,200 Personal identification card fees.................................................................................................. 32,300 Reinstatement fees ‑ operator licenses......................................................................................... 248,900 Transportation administration collection fund.............................................................................. 2,499,800 Vehicle theft prevention fees........................................................................................................ 40,400 State general fund/general purpose.............................................................................................. $ 1,579,500 (3) DEPARTMENT SERVICES Full‑time equated classified positions............................................................................. 117.0 Operations—117.0 FTE positions................................................................................................ $ 25,315,100 GROSS APPROPRIATION.......................................................................................................... $ 25,315,100 Appropriated from: Special revenue funds: Abandoned vehicle fees................................................................................................................ 481,100 Driver fees.................................................................................................................................... 731,000 Driver improvement course fund.................................................................................................. 308,600 1156 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 Enhanced driver license and enhanced official state personal identification card fund............... $ 329,400 Expedient service fees.................................................................................................................. 273,600 Marine safety fund....................................................................................................................... 85,200 Personal identification card fees.................................................................................................. 193,700 Reinstatement fees ‑ operator licenses......................................................................................... 537,700 Scrap tire fund.............................................................................................................................. 78,100 Transportation administration collection fund.............................................................................. 21,714,300 State general fund/general purpose.............................................................................................. $ 582,400 (4) LEGAL SERVICES Full‑time equated classified positions............................................................................... 83.0 Operations—83.0 FTE positions.................................................................................................. $ 14,501,500 GROSS APPROPRIATION.......................................................................................................... $ 14,501,500 Appropriated from: Special revenue funds: Auto repair facilities fees............................................................................................................. 3,363,800 Driver education provider and instructor fund............................................................................. 25,400 Driver fees.................................................................................................................................... 2,193,800 Driver responsibility fees............................................................................................................. 1,000,000 Enhanced driver license and enhanced official state personal identification card fund............... 504,900 Personal identification card fees.................................................................................................. 61,700 Reinstatement fees ‑ operator licenses......................................................................................... 1,463,900 Transportation administration collection fund.............................................................................. 4,311,100 Vehicle theft prevention fees........................................................................................................ 1,092,600 State general fund/general purpose.............................................................................................. $ 484,300 (5) CUSTOMER DELIVERY SERVICES Full‑time equated classified positions.......................................................................... 1,312.0 Branch operations—922.0 FTE positions..................................................................................... $ 85,709,100 Central operations—388.0 FTE positions.................................................................................... 50,115,300 Motorcycle safety education administration—2.0 FTE positions................................................ 335,500 Motorcycle safety education grants.............................................................................................. 1,800,000 Credit and debit assessment services........................................................................................... 6,000,000 Organ donor program................................................................................................................... 129,100 GROSS APPROPRIATION.......................................................................................................... $ 144,089,000 Appropriated from: Interdepartmental grant revenues: IDG from MDOT, Michigan transportation fund......................................................................... 20,000,000 Federal revenues: Federal funds................................................................................................................................ 1,460,000 Special revenue funds: Private funds................................................................................................................................. 100 Abandoned vehicle fees................................................................................................................ 204,500 Auto repair facilities fees............................................................................................................. 910,400 Child support clearance fees........................................................................................................ 363,600 Credit and debit assessment service fee revenue......................................................................... 6,000,000 Driver education provider and instructor fund............................................................................. 49,600 Driver fees.................................................................................................................................... 25,355,100 Driver improvement course fund.................................................................................................. 1,246,200 Enhanced driver license and enhanced official state personal identification card fund............... 9,021,200 Expedient service fees.................................................................................................................. 2,603,600 Marine safety fund....................................................................................................................... 1,420,400 Michigan state police auto theft fund........................................................................................... 123,700 Mobile home commission fees..................................................................................................... 507,500 Motorcycle safety fund................................................................................................................. 1,835,500 Off‑road vehicle title fees............................................................................................................. 170,400 Parking ticket court fines.............................................................................................................. 1,629,800 Personal identification card fees.................................................................................................. 2,319,700 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1157 For Fiscal Year Ending Sept. 30, 2017 Recreation passport fee revenue................................................................................................... $ 1,000,000 Reinstatement fees ‑ operator licenses......................................................................................... 2,358,000 Snowmobile registration fee revenue........................................................................................... 390,000 Thomas Daley gift of life fund.................................................................................................... 50,000 Transportation administration collection fund.............................................................................. 60,920,300 Vehicle theft prevention fees........................................................................................................ 742,200 State general fund/general purpose.............................................................................................. $ 3,407,200 (6) ELECTION REGULATION Full‑time equated classified positions............................................................................... 45.0 Election administration and services—45.0 FTE positions.......................................................... $ 7,169,100 County clerk education and training fund.................................................................................... 100,000 Fees to local units........................................................................................................................ 109,800 GROSS APPROPRIATION.......................................................................................................... $ 7,378,900 Appropriated from: Special revenue funds: Notary education and training fund.............................................................................................. 100,000 Notary fee fund............................................................................................................................ 343,500 State general fund/general purpose.............................................................................................. $ 6,935,400 (7) DEPARTMENTWIDE APPROPRIATIONS Building occupancy charges/rent.................................................................................................. $ 9,792,000 Worker’s compensation................................................................................................................. 254,400 GROSS APPROPRIATION.......................................................................................................... $ 10,046,400 Appropriated from: Special revenue funds: Auto repair facilities fees............................................................................................................. 133,200 Driver fees.................................................................................................................................... 708,800 Enhanced driver license and enhanced official state personal identification card fund............... 326,000 Parking ticket court fines.............................................................................................................. 441,500 Transportation administration collection fund.............................................................................. 5,904,200 State general fund/general purpose.............................................................................................. $ 2,532,700 (8) INFORMATION TECHNOLOGY Information technology services and projects.............................................................................. $ 36,376,200 GROSS APPROPRIATION.......................................................................................................... $ 36,376,200 Appropriated from: Special revenue funds: Administrative order processing fee............................................................................................. 11,700 Auto repair facilities fees............................................................................................................. 129,300 Driver fees.................................................................................................................................... 787,400 Enhanced driver license and enhanced official state personal identification card fund............... 327,500 Expedient service fees.................................................................................................................. 1,085,100 Parking ticket court fines.............................................................................................................. 89,000 Personal identification card fees.................................................................................................. 173,300 Reinstatement fees ‑ operator licenses......................................................................................... 592,300 Transportation administration collection fund.............................................................................. 31,411,500 Vehicle theft prevention fees........................................................................................................ 181,000 State general fund/general purpose.............................................................................................. $ 1,588,100 (9) ONE‑TIME BASIS ONLY APPROPRIATIONS Election administration and services............................................................................................ $ 5,000,000 GROSS APPROPRIATION.......................................................................................................... $ 5,000,000 Appropriated from: State general fund/general purpose.............................................................................................. $ 5,000,000 Sec. 107. DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET (1) APPROPRIATION SUMMARY Full‑time equated unclassified positions............................................................................. 6.0 Full‑time equated classified positions.......................................................................... 2,877.0 GROSS APPROPRIATION.......................................................................................................... $ 1,301,191,700 1158 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... $ ADJUSTED GROSS APPROPRIATION..................................................................................... $ Federal revenues: Total federal revenues................................................................................................................... Special revenue funds: Total local revenues...................................................................................................................... Total private revenues................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ (2) EXECUTIVE DIRECTION Full‑time equated unclassified positions............................................................................. 6.0 Full‑time equated classified positions............................................................................... 12.0 Unclassified positions—6.0 FTE positions.................................................................................. $ Executive operations—12.0 FTE positions.................................................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG from building occupancy and parking charges..................................................................... IDG from technology user fees.................................................................................................... Special revenue funds: Special revenue, internal service, and pension trust funds........................................................... State general fund/general purpose.............................................................................................. $ (3) DEPARTMENT SERVICES Full‑time equated classified positions............................................................................. 730.5 Administrative services—123.5 FTE positions............................................................................ $ Budget and financial management—160.0 FTE positions........................................................... Office of the state employer—23.0 FTE positions....................................................................... Design and construction services—40.0 FTE positions............................................................... Business support services—97.0 FTE positions........................................................................... Building operation services—210.0 FTE positions...................................................................... Building occupancy charges, rent, and utilities............................................................................ Motor vehicle fleet—35.0 FTE positions..................................................................................... Information technology services and projects.............................................................................. Bureau of labor market information and strategies—42.0 FTE positions.................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG from accounting service centers user charges...................................................................... IDG from building occupancy and parking charges..................................................................... IDG from MDHHS, community health........................................................................................ IDG from MDHHS, human services............................................................................................ IDG from MDLARA.................................................................................................................... IDG from motor transport fund.................................................................................................... IDG from technology user fees.................................................................................................... IDG from user fees....................................................................................................................... Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Local ‑ MPSCS subscriber and maintenance fees........................................................................ Local revenues.............................................................................................................................. Deferred compensation................................................................................................................. Health management funds............................................................................................................ MAIN user charges...................................................................................................................... Other agency charges................................................................................................................... Pension trust funds....................................................................................................................... 694,054,100 607,137,600 4,958,200 2,320,000 0 114,340,800 485,518,600 1,001,400 2,376,000 3,377,400 249,700 2,074,400 289,200 764,100 15,974,800 23,073,200 3,417,300 6,477,000 11,469,600 92,416,200 7,494,200 74,260,100 32,630,500 5,475,100 272,688,000 2,698,000 94,647,900 484,500 215,400 100,000 74,260,100 7,658,600 6,754,000 4,958,200 61,700 35,000 2,600 2,257,200 4,337,600 1,178,700 10,082,000 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1159 For Fiscal Year Ending Sept. 30, 2017 Special revenue, internal service, and pension trust funds........................................................... $ State restricted indirect funds....................................................................................................... State general fund/general purpose.............................................................................................. $ (4) TECHNOLOGY SERVICES Full‑time equated classified positions.......................................................................... 1,487.5 Education services—29.0 FTE positions...................................................................................... $ Health and human services—617.5 FTE positions...................................................................... Public protection—154.5 FTE positions...................................................................................... Resources services—146.5 FTE positions................................................................................... Transportation services—89.5 FTE positions............................................................................... General services—331.5 FTE positions....................................................................................... Enterprisewide information technology investment projects........................................................ General government and public safety information technology investment projects................... MAIN system replacement information technology investment project...................................... Cyber security information technology investment project.......................................................... Homeland security initiative/cyber security—13.0 FTE positions............................................... Michigan public safety communication system—100.0 FTE positions....................................... Enterprise identity management—6.0 FTE positions................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG from technology user fees.................................................................................................... Special revenue funds: Local ‑ MPSCS subscriber and maintenance fees........................................................................ State general fund/general purpose.............................................................................................. $ (5) STATEWIDE APPROPRIATIONS Professional development fund ‑ NERE....................................................................................... $ Professional development fund ‑ UAW........................................................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG from employer contributions................................................................................................ State general fund/general purpose.............................................................................................. $ (6) SPECIAL PROGRAMS Full‑time equated classified positions............................................................................. 197.0 Building occupancy charges ‑ property management services for executive/legislative building occupancy................................................................................................................................. $ Retirement services—167.0 FTE positions.................................................................................. Office of children’s ombudsman—14.0 FTE positions................................................................ Office of urban initiatives—5.0 FTE positions............................................................................ School reform office operations—11.0 FTE positions................................................................. Public private partnership............................................................................................................. Regional prosperity grants............................................................................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Deferred compensation................................................................................................................. Pension trust funds....................................................................................................................... Public private partnership investment fund.................................................................................. State general fund/general purpose.............................................................................................. $ (7) STATE BUILDING AUTHORITY RENT State building authority rent ‑ state agencies............................................................................... $ State building authority rent ‑ department of corrections............................................................ State building authority rent ‑ universities................................................................................... State building authority rent ‑ community colleges..................................................................... GROSS APPROPRIATION.......................................................................................................... $ 17,168,300 3,392,200 42,396,000 4,106,500 291,972,300 55,832,600 20,283,500 31,739,300 98,027,300 9,500,000 18,000,000 35,500,000 2,000,000 13,118,200 40,094,800 6,700,000 626,874,500 501,961,500 2,223,300 122,689,700 250,000 700,000 950,000 950,000 0 1,154,500 28,724,900 1,801,600 1,012,200 2,318,300 1,500,000 2,500,000 39,011,500 2,800,000 20,548,100 1,500,000 14,163,400 49,665,800 21,029,900 144,995,300 30,879,600 246,570,600 1160 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 Appropriated from: State general fund/general purpose.............................................................................................. $ 246,570,600 (8) CIVIL SERVICE COMMISSION Full‑time equated classified positions............................................................................. 450.0 Agency services—74.0 FTE positions......................................................................................... $ 13,103,100 Executive direction—40.0 FTE positions..................................................................................... 8,894,300 Employee benefits—16.0 FTE positions...................................................................................... 5,704,000 Human resources operations—320.0 FTE positions.................................................................... 38,463,100 Information technology services and projects.............................................................................. 3,354,300 GROSS APPROPRIATION.......................................................................................................... $ 69,518,800 Appropriated from: Special revenue funds: State restricted funds 1%.............................................................................................................. 30,702,500 State restricted indirect funds....................................................................................................... 8,592,200 State sponsored group insurance.................................................................................................. 8,640,200 State general fund/general purpose.............................................................................................. $ 21,583,900 (9) CAPITAL OUTLAY Major special maintenance, remodeling, and addition for state agencies.................................... $ 2,000,000 Enterprisewide special maintenance for state facilities................................................................ 26,000,000 GROSS APPROPRIATION.......................................................................................................... $ 28,000,000 Appropriated from: Interdepartmental grant revenues: IDG from building occupancy charges......................................................................................... 2,000,000 State general fund/general purpose.............................................................................................. $ 26,000,000 (10) ONE‑TIME BASIS ONLY APPROPRIATIONS Information technology investment fund one‑time augmentation................................................ $ 4,500,000 Enterprisewide special maintenance for state facilities................................................................ 1,600,900 Office of retirement services information technology modernization and enterprise mandates.. 2,850,000 Legal services............................................................................................................................... 5,000,000 Special projects............................................................................................................................ 250,000 GROSS APPROPRIATION.......................................................................................................... $ 14,200,900 Appropriated from: Special revenue funds: Pension trust funds....................................................................................................................... 2,850,000 State general fund/general purpose.............................................................................................. $ 11,350,900 Sec. 108. DEPARTMENT OF TREASURY (1) APPROPRIATION SUMMARY Full‑time equated unclassified positions........................................................................... 10.0 Full‑time equated classified positions.......................................................................... 1,906.5 GROSS APPROPRIATION.......................................................................................................... $ 1,885,142,900 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 11,262,300 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 1,873,880,600 Federal revenues: Total federal revenues................................................................................................................... 39,920,800 Special revenue funds: Total local revenues...................................................................................................................... 9,201,000 Total private revenues................................................................................................................... 26,700 Total other state restricted revenues............................................................................................. 1,589,286,300 State general fund/general purpose.............................................................................................. $ 235,445,800 (2) EXECUTIVE DIRECTION Full‑time equated unclassified positions........................................................................... 10.0 Full‑time equated classified positions............................................................................... 52.0 Unclassified positions—10.0 FTE positions................................................................................ $ 995,500 Executive direction and operations—52.0 FTE positions............................................................ 9,328,400 GROSS APPROPRIATION.......................................................................................................... $ 10,323,900 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1161 For Fiscal Year Ending Sept. 30, 2017 Appropriated from: Federal revenues: DED‑OPSE, federal lenders allowance........................................................................................ $ 20,000 DED‑OPSE, higher education act of 1965 insured loans............................................................ 45,000 Special revenue funds: Local ‑ city income tax fund........................................................................................................ 101,900 Delinquent tax collection revenue................................................................................................ 2,159,800 State lottery fund.......................................................................................................................... 288,700 State services fee fund.................................................................................................................. 328,200 State general fund/general purpose.............................................................................................. $ 7,380,300 (3) DEPARTMENTWIDE APPROPRIATIONS Rent and building occupancy charges ‑ property management services...................................... $ 6,047,400 Worker’s compensation insurance premium................................................................................. 36,400 GROSS APPROPRIATION.......................................................................................................... $ 6,083,800 Appropriated from: Special revenue funds: Delinquent tax collection revenue................................................................................................ 2,890,600 State general fund/general purpose.............................................................................................. $ 3,193,200 (4) LOCAL GOVERNMENT PROGRAMS Full‑time equated classified positions............................................................................. 111.0 Supervision of the general property tax law—86.0 FTE positions.............................................. $ 14,590,200 Property tax assessor training—4.0 FTE positions...................................................................... 1,040,400 Local finance—21.0 FTE positions.............................................................................................. 2,607,000 GROSS APPROPRIATION.......................................................................................................... $ 18,237,600 Appropriated from: Special revenue funds: Local ‑ assessor training fees....................................................................................................... 1,040,400 Local ‑ audit charges.................................................................................................................... 825,800 Local ‑ equalization study chargebacks........................................................................................ 40,000 Local ‑ revenue from local government....................................................................................... 100,000 Land reutilization fund................................................................................................................. 2,044,000 Municipal finance fees................................................................................................................. 544,900 Delinquent tax collection revenue................................................................................................ 1,514,700 State general fund/general purpose.............................................................................................. $ 12,127,800 (5) TAX PROGRAMS Full‑time equated classified positions............................................................................. 774.0 Tax compliance—340.0 FTE positions........................................................................................ $ 45,075,300 Tax and economic policy—75.0 FTE positions........................................................................... 11,570,600 Tax processing—331.0 FTE positions.......................................................................................... 37,376,900 Health insurance claims fund program—15.0 FTE positions...................................................... 2,070,500 Home heating assistance.............................................................................................................. 3,086,200 Bottle act implementation............................................................................................................ 250,000 Tobacco tax enforcement—13.0 FTE positions........................................................................... 1,509,100 GROSS APPROPRIATION.......................................................................................................... $ 100,938,600 Appropriated from: Interdepartmental grant revenues: IDG from MDOT, Michigan transportation fund......................................................................... 2,284,100 IDG from MDOT, state aeronautics fund..................................................................................... 72,200 Federal revenues: HHS‑SSA, low‑income energy assistance.................................................................................... 3,086,200 Special revenue funds: Bottle deposit fund....................................................................................................................... 250,000 Delinquent tax collection revenue................................................................................................ 70,557,200 Emergency 911 fund..................................................................................................................... 158,700 Health insurance claims fund....................................................................................................... 2,070,500 Tobacco tax revenue..................................................................................................................... 4,109,300 Waterways fund............................................................................................................................ 107,100 State general fund/general purpose.............................................................................................. $ 18,243,300 1162 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 (6) FINANCIAL AND ADMINISTRATIVE SERVICES Full‑time equated classified positions............................................................................. 381.0 Departmental services—88.0 FTE positions................................................................................ $ 9,180,500 Unclaimed property—29.0 FTE positions.................................................................................... 4,835,300 Office of collections—202.0 FTE positions................................................................................. 26,255,100 Office of accounting services—24.0 FTE positions..................................................................... 2,491,400 Office of financial services—38.0 FTE positions........................................................................ 4,478,500 GROSS APPROPRIATION.......................................................................................................... $ 47,240,800 Appropriated from: Interdepartmental grant revenues: IDG, levy/warrant cost assessment fees....................................................................................... 2,335,000 IDG, state agency collection fees................................................................................................. 4,353,400 IDG from MDHHS, title IV‑D..................................................................................................... 776,000 IDG data/collection service fees.................................................................................................. 336,600 IDG from accounting service center user charges....................................................................... 494,500 Special revenue funds: Delinquent tax collection revenue................................................................................................ 27,387,100 Escheats revenue........................................................................................................................... 4,835,300 Justice system fund...................................................................................................................... 428,100 Garnishment fees.......................................................................................................................... 2,638,600 State restricted indirect funds....................................................................................................... 278,600 Treasury fees................................................................................................................................ 47,200 State general fund/general purpose.............................................................................................. $ 3,330,400 (7) FINANCIAL PROGRAMS Full‑time equated classified positions............................................................................. 210.5 Investments—82.0 FTE positions................................................................................................. $ 20,594,200 Common cash and debt management—21.5 FTE positions......................................................... 1,666,200 Student financial assistance programs—25.5 FTE positions........................................................ 2,683,300 Michigan finance authority ‑ bond finance—72.5 FTE positions................................................ 38,856,600 John R. Justice grant program...................................................................................................... 288,100 Dual enrollment payments............................................................................................................ 1,507,600 Financial independence team—9.0 FTE positions....................................................................... 3,729,500 GROSS APPROPRIATION.......................................................................................................... $ 69,325,500 Appropriated from: Interdepartmental grant revenues: IDG, fiscal agent service fees...................................................................................................... 210,500 Federal revenues: DED‑OPSE, federal lenders allowance........................................................................................ 10,686,100 DED‑OPSE, higher education act of 1965, insured loans........................................................... 25,169,600 Federal ‑ John R. Justice grant..................................................................................................... 288,100 Special revenue funds: Defined contribution administrative fee revenue.......................................................................... 100,000 Michigan finance authority bond and loan program revenue....................................................... 3,000,900 Michigan merit award trust fund.................................................................................................. 1,163,800 Retirement funds.......................................................................................................................... 19,016,000 School bond fees.......................................................................................................................... 854,300 Treasury fees................................................................................................................................ 1,694,600 State general fund/general purpose.............................................................................................. $ 7,141,600 (8) DEBT SERVICE Quality of life bond...................................................................................................................... $ 28,687,000 Clean Michigan initiative............................................................................................................. 89,477,000 Great Lakes water quality bond................................................................................................... 18,873,000 GROSS APPROPRIATION.......................................................................................................... $ 137,037,000 Appropriated from: State general fund/general purpose.............................................................................................. $ 137,037,000 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1163 For Fiscal Year Ending Sept. 30, 2017 (9) GRANTS Convention facility development distribution............................................................................... $ 90,950,000 Senior citizen cooperative housing tax exemption program......................................................... 10,520,000 Emergency 911 payments............................................................................................................. 27,000,000 Health and safety fund grants....................................................................................................... 9,000,000 Beat the streets............................................................................................................................. 100,000 Gianna house................................................................................................................................ 100,000 Student loan delinquency counseling pilot program.................................................................... 345,600 Lenawee intermediate school district plasma cutting machine matching grant........................... 76,000 GROSS APPROPRIATION.......................................................................................................... $ 138,091,600 Appropriated from: Special revenue funds: Emergency 911 fund..................................................................................................................... 27,000,000 Convention facility development fund.......................................................................................... 90,950,000 Health and safety fund................................................................................................................. 9,000,000 State general fund/general purpose.............................................................................................. $ 11,141,600 (10) BUREAU OF STATE LOTTERY Full‑time equated classified positions............................................................................. 183.0 Lottery operations—183.0 FTE positions.................................................................................... $ 24,760,300 Lottery information technology services and projects................................................................. 5,239,600 GROSS APPROPRIATION.......................................................................................................... $ 29,999,900 Appropriated from: Special revenue funds: State lottery fund.......................................................................................................................... 29,999,900 State general fund/general purpose.............................................................................................. $ 0 (11) CASINO GAMING Full‑time equated classified positions............................................................................. 142.0 Michigan gaming control board................................................................................................... $ 50,000 Casino gaming control operations—132.0 FTE positions............................................................ 26,196,700 Casino gaming information technology services and projects..................................................... 2,012,700 Racing commission—10.0 FTE positions.................................................................................... 2,462,600 GROSS APPROPRIATION.......................................................................................................... $ 30,722,000 Appropriated from: Special revenue funds: Casino gambling agreements........................................................................................................ 942,700 Equine development fund............................................................................................................. 2,085,300 Laboratory fees............................................................................................................................. 700,000 State services fee fund.................................................................................................................. 26,994,000 State general fund/general purpose.............................................................................................. $ 0 (12) PAYMENTS IN LIEU OF TAXES Commercial forest reserve............................................................................................................ $ 3,368,100 Purchased lands............................................................................................................................ 8,425,100 Swamp and tax reverted lands...................................................................................................... 15,605,600 GROSS APPROPRIATION.......................................................................................................... $ 27,398,800 Appropriated from: Special revenue funds: Private funds................................................................................................................................. 26,700 Game and fish protection fund..................................................................................................... 2,919,700 Michigan natural resources trust fund.......................................................................................... 2,004,600 Michigan state waterways fund.................................................................................................... 253,200 State general fund/general purpose.............................................................................................. $ 22,194,600 (13) REVENUE SHARING Constitutional state general revenue sharing grants..................................................................... $ 757,875,200 County revenue sharing payments................................................................................................ 174,234,000 County incentive program............................................................................................................ 43,033,500 City, village, and township revenue sharing................................................................................. 243,040,000 Financially distressed cities, villages, or townships..................................................................... 5,000,000 GROSS APPROPRIATION.......................................................................................................... $ 1,223,182,700 1164 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 Appropriated from: Special revenue funds: Sales tax....................................................................................................................................... $ 1,223,182,700 State general fund/general purpose.............................................................................................. $ 0 (14) STATE BUILDING AUTHORITY Full‑time equated classified positions................................................................................. 4.0 State building authority—4.0 FTE positions................................................................................ $ 725,200 GROSS APPROPRIATION.......................................................................................................... $ 725,200 Appropriated from: Special revenue funds: State building authority revenue................................................................................................... 725,200 State general fund/general purpose.............................................................................................. $ 0 (15) CITY INCOME TAX ADMINISTRATION PROGRAM Full‑time equated classified positions............................................................................... 49.0 City income tax administration program—49.0 FTE positions................................................... $ 5,879,100 GROSS APPROPRIATION.......................................................................................................... $ 5,879,100 Appropriated from: Special revenue funds: Local ‑ city income tax fund........................................................................................................ 5,879,100 State general fund/general purpose.............................................................................................. $ 0 (16) INFORMATION TECHNOLOGY Treasury operations information technology services and projects............................................. $ 30,813,800 GROSS APPROPRIATION.......................................................................................................... $ 30,813,800 Appropriated from: Interdepartmental grant revenues: IDG from MDOT, Michigan transportation fund......................................................................... 400,000 Federal revenues: DED‑OPSE, federal lender allowance.......................................................................................... 625,800 Special revenue funds: Local ‑ city income tax fund........................................................................................................ 1,213,800 Delinquent tax collection revenue................................................................................................ 17,365,400 Retirement funds.......................................................................................................................... 766,300 Tobacco tax revenue..................................................................................................................... 129,000 State general fund/general purpose.............................................................................................. $ 10,313,500 (17) ONE‑TIME BASIS ONLY APPROPRIATIONS City, village, and township revenue sharing................................................................................. $ 5,800,000 Free individual tax e‑file.............................................................................................................. 2,842,500 Urban search and rescue............................................................................................................... 500,000 Drinking water declaration of emergency.................................................................................... 100 GROSS APPROPRIATION.......................................................................................................... $ 9,142,600 Appropriated from: Special revenue funds: Sales tax....................................................................................................................................... 5,800,000 Drinking water declaration of emergency reserve fund............................................................... 100 State general fund/general purpose.............................................................................................. $ 3,342,500 Sec. 109. DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT (1) APPROPRIATION SUMMARY Full‑time equated unclassified positions............................................................................. 6.0 Full‑time equated classified positions.......................................................................... 1,609.0 GROSS APPROPRIATION.......................................................................................................... $ 1,145,994,300 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 0 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 1,145,994,300 Federal revenues: Total federal revenues................................................................................................................... 768,144,800 Special revenue funds: Total local revenues...................................................................................................................... 500,000 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1165 For Fiscal Year Ending Sept. 30, 2017 Total private revenues................................................................................................................... $ Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ (2) DEPARTMENTAL ADMINISTRATION Full‑time equated unclassified positions............................................................................. 6.0 Full‑time equated classified positions................................................................................. 1.0 Unclassified positions—6.0 FTE positions.................................................................................. $ Executive direction and operations—1.0 FTE position................................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: DOL‑ETA, unemployment insurance........................................................................................... DOL, federal funds....................................................................................................................... Special revenue funds: Michigan state housing development authority fees and charges................................................ State general fund/general purpose.............................................................................................. $ (3) MICHIGAN STRATEGIC FUND Full‑time equated classified positions............................................................................. 194.0 Administrative services—34.0 FTE positions.............................................................................. $ Job creation services—160.0 FTE positions................................................................................ Pure Michigan.............................................................................................................................. Entrepreneurship ecosystem......................................................................................................... Business attraction and community revitalization........................................................................ Community development block grants......................................................................................... Arts and cultural program............................................................................................................ Community college skilled trades equipment program debt service............................................ Facility for rare isotope beams..................................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: DOL, federal funds....................................................................................................................... DOL‑ETA, unemployment insurance........................................................................................... HUD‑CPD community development block grant......................................................................... NFAH‑NEA, promotion of the arts, partnership agreements....................................................... Special revenue funds: Private ‑ special project advances................................................................................................ Private ‑ Michigan council for the arts fund................................................................................ Industry support fees.................................................................................................................... 21st century jobs trust fund.......................................................................................................... Michigan film promotion fund..................................................................................................... Michigan state housing development authority fees and charges................................................ State general fund/general purpose.............................................................................................. $ (4) TALENT INVESTMENT AGENCY Full‑time equated classified positions.......................................................................... 1,092.0 Executive direction—7.0 FTE positions....................................................................................... $ Workforce program administration—225.0 FTE positions.......................................................... Workforce development programs................................................................................................ Skilled trades training program.................................................................................................... Community ventures—7.0 FTE positions.................................................................................... Unemployment insurance agency—853.0 FTE positions............................................................. Information technology services and projects ‑ TIA.................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: DAG, employment and training.................................................................................................... 5,619,000 192,341,600 179,388,900 897,400 812,900 1,710,300 931,600 247,600 400,800 130,300 5,743,600 22,198,400 34,000,000 19,400,000 101,500,000 47,000,000 10,150,000 4,600,000 7,300,000 251,892,000 2,326,300 287,000 49,773,300 1,050,000 250,000 100,000 5,500 75,000,000 400,000 4,609,000 118,090,900 1,175,600 33,169,900 387,022,900 30,900,000 9,800,000 139,065,500 22,501,000 623,634,900 3,499,400 1166 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 DED‑OESE, GEAR‑UP................................................................................................................ $ DED‑OVAE, adult education........................................................................................................ DED‑OVAE, basic grants to states............................................................................................... DOL, federal funds....................................................................................................................... DOL‑ETA, workforce investment act........................................................................................... DOL‑ETA, unemployment insurance........................................................................................... Federal funds................................................................................................................................ Social security act, temporary assistance to needy families........................................................ Special revenue funds: Local revenues.............................................................................................................................. Private funds................................................................................................................................. Contingent fund, penalty and interest account............................................................................. Defaulted loan collection fees...................................................................................................... State general fund/general purpose.............................................................................................. $ (5) LAND BANK FAST TRACK AUTHORITY Full‑time equated classified positions................................................................................. 6.0 Land bank fast track authority—6.0 FTE positions..................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal revenues........................................................................................................................... Special revenue funds: Land bank fast track fund............................................................................................................ State general fund/general purpose.............................................................................................. $ (6) MICHIGAN STATE HOUSING DEVELOPMENT AUTHORITY Full‑time equated classified positions............................................................................. 316.0 Payments on behalf of tenants..................................................................................................... $ Housing and rental assistance—316.0 FTE positions.................................................................. Lighthouse preservation program................................................................................................. Rent and administrative support................................................................................................... Information technology services and projects ‑ MSHDA............................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal funds: HUD, lower income housing assistance....................................................................................... Special revenue funds: Michigan state housing development authority fees and charges................................................ Michigan lighthouse preservation program.................................................................................. State general fund/general purpose.............................................................................................. $ (7) ONE‑TIME BASIS ONLY APPROPRIATIONS MSF, business attraction and community revitalization............................................................... $ Special grants............................................................................................................................... Statewide data system integration................................................................................................ Sustainable employment pilot program........................................................................................ Protect and grow........................................................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Contingent fund, penalty and interest account............................................................................. State general fund/general purpose.............................................................................................. $ PART 2 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2016‑2017 4,730,700 20,000,000 19,000,000 109,353,800 173,988,600 139,457,500 5,940,200 64,898,800 500,000 5,269,000 48,635,300 152,500 28,209,100 5,256,400 5,256,400 1,000,000 297,800 3,958,600 166,860,000 51,248,200 307,500 3,721,000 3,585,500 225,722,200 166,860,000 58,554,700 307,500 0 13,999,900 12,000,000 8,778,500 100 3,000,000 37,778,500 4,800,000 3,978,500 29,000,000 GENERAL SECTIONS Sec. 201. (1) Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2016‑2017 is $3,264,303,300.00 and state spending from state resources to be paid No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1167 to local units of government for fiscal year 2016‑2017 is $1,427,689,500.00. The itemized statement below identifies appropriations from which spending to local units of government will occur: DEPARTMENT OF STATE Fees to local units........................................................................................................................ $ 109,800 Motorcycle safety grants.............................................................................................................. 1,101,500 Subtotal......................................................................................................................................... $ 1,211,300 DEPARTMENT OF TREASURY Senior citizen cooperative housing tax exemption....................................................................... $ 10,520,000 Health and safety fund grants....................................................................................................... 9,000,000 Constitutional state general revenue sharing grants..................................................................... 757,875,200 City, village, and township revenue sharing................................................................................. 248,840,000 Convention facility development fund distribution...................................................................... 90,950,000 Emergency 9‑1‑1 payments.......................................................................................................... 23,800,000 Financially distressed cities, villages, or townships..................................................................... 5,000,000 County incentive program............................................................................................................ 43,033,500 County revenue sharing payments................................................................................................ 174,234,000 Airport parking distribution pursuant to section 909................................................................... 24,601,900 Payments in lieu of taxes............................................................................................................. 27,398,800 Subtotal......................................................................................................................................... $ 1,415,253,400 DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT Welfare‑to‑work programs............................................................................................................ $ 11,224,800 Subtotal......................................................................................................................................... $ 11,224,800 TOTAL GENERAL GOVERNMENT.......................................................................................... $ 1,427,689,500 (2) Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state sources for fiscal year 2016‑2017 is estimated at $30,991,536,400.00 in the 2016‑2017 appropriations acts and total state spending from state sources paid to local units of government for fiscal year 2016‑2017 is estimated at $17,174,886,500.00. The state‑local proportion is estimated at 55.4% of total state spending from state resources. (3) If payments to local units of government and state spending from state sources for fiscal year 2016‑2017 are different than the amounts estimated in subsection (2), the state budget director shall report the payments to local units of government and state spending from state sources that were made for fiscal year 2016‑2017 to the senate and house of representatives standing committees on appropriations within 30 days after the final book‑closing for fiscal year 2016‑2017. Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. Sec. 203. As used in this part and part 1: (a) “ATM” means automated teller machine. (b) “COBRA” means the consolidated omnibus budget reconciliation act of 1985, Public Law 99‑272, 100 Stat 82. (c) “DAG” means the United States Department of Agriculture. (d) “DED” means the United States Department of Education. (e) “DED‑OESE” means the DED Office of Elementary and Secondary Education. (f) “DED‑OPSE” means the DED Office of Postsecondary Education. (g) “DED‑OVAE” means the DED Office of Vocational and Adult Education. (h) “DOE‑OEERE” means the United States Department of Energy, Office of Energy Efficiency and Renewable Energy. (i) “DOL” means the United States Department of Labor. (j) “DOL‑ETA” means the United States Department of Labor, Employment and Training Administration. (k) “EEOC” means the United States Equal Employment Opportunity Commission. (l) “FTE” means full‑time equated. (m) “Fund” means the Michigan strategic fund. (n) “GEAR‑UP” means gaining early awareness and readiness for undergraduate programs. (o) “GED” means a general educational development certificate. (p) “GF/GP” means general fund/general purpose. (q) “HHS” means the United States Department of Health and Human Services. (r) “HHS‑OS” means the HHS Office of the Secretary. (s) “HHS‑SSA” means the HHS Social Security Administration. (t) “HUD” means the United States Department of Housing and Urban Development. (u) “HUD‑CPD” means the United States Department of Housing and Urban Development ‑ Community Planning and Development. (v) “IDG” means interdepartmental grant. (w) “JCOS” means the joint capital outlay subcommittee. (x) “MAIN” means the Michigan administrative information network. 1168 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (y) “MCL” means the Michigan Compiled Laws. (z) “MDE” means the Michigan department of education. (aa) “MDLARA” means the Michigan department of licensing and regulatory affairs. (bb) “MDEQ” means the Michigan department of environmental quality. (cc) “MDHHS” means the Michigan department of health and human services. (dd) “MDMVA” means the Michigan department of military and veterans affairs. (ee) “MDOT” means the Michigan department of transportation. (ff) “MDSP” means the Michigan department of state police. (gg) “MDTMB” means the Michigan department of technology, management, and budget. (hh) “MEDC” means the Michigan economic development corporation, which is the public body corporate created under section 28 of article VII of the state constitution of 1963 and the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to 124.512, by contractual interlocal agreement effective April 5, 1999, between local participating economic development corporations formed under the economic development corporations act, 1974 PA 338, MCL 125.1601 to 125.1636, and the Michigan strategic fund. (ii) “MFA” means the Michigan finance authority. (jj) “MPE” means the Michigan public employees. (kk) “MSF” means the Michigan strategic fund. (ll) “MSHDA” means the Michigan state housing development authority. (mm) “NERE” means nonexclusively represented employees. (nn) “NFAH‑NEA” means the National Foundation of the Arts and the Humanities ‑ National Endowment for the Arts. (oo) “PA” means public act. (pp) “PATH” means Partnership. Accountability. Training. Hope. (qq) “RFP” means a request for a proposal. (rr) “SEIU” means Service Employees International Union. (ss) “WDA” means the workforce development agency. (tt) “WIC” means women, infants, and children. Sec. 206. The departments and agencies receiving appropriations in part 1 shall cooperate with the department of technology, management, and budget to maintain a searchable website that is updated at least quarterly and that is accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency: (a) Fiscal year‑to‑date expenditures by category. (b) Fiscal year‑to‑date expenditures by appropriation unit. (c) Fiscal year‑to‑date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description. (d) The number of active department employees by job classification. (e) Job specifications and wage rates. Sec. 208. The departments and agencies receiving appropriations in part 1 shall use the Internet to fulfill the reporting requirements of this part. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an Internet or Intranet site. Sec. 209. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference should be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality. Sec. 210. The director of each department and agency receiving appropriations in part 1 shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. Each director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both. Sec. 211. (1) Pursuant to section 352 of the management and budget act, 1984 PA 431, MCL 18.1352, which provides for a transfer of state general fund revenue into or out of the countercyclical budget and economic stabilization fund, the calculations required by section 352 of the management and budget act, 1984 PA 431, MCL 18.1352, are determined as follows: 2015 2016 2017 Michigan personal income (millions). ....................................................... $421,044 $436,623 $453,651 less: transfer payments....................................................................... 91,527 96,012 101,044 Subtotal ......................... ................................................................... $329,517 $340,611 $352,647 Divided by: Detroit consumer price index for 12 months ending June 30... 2.195 2.191 2.223 Equals: real adjusted Michigan personal income........................................ $150,122 $155,487 $158,618 Percentage change....................................................................................... N/A 3.6% 2.0% No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1169 Growth rate in excess of 2%?..................................................................... N/A 1.6% 0.0% Equals: countercyclical budget and economic stabilization fund pay‑in calculation for the fiscal year ending September 30, 2017 (millions)............................................................................................ N/A $155.7 N/A Growth rate less than 0%?.......................................................................... N/A NO NO Equals: countercyclical budget and economic stabilization fund pay‑out calculation for the fiscal year ending September 30, 2017 (millions)............................................................................................ N/A N/A $0.0 (2) Notwithstanding subsection (1), there is appropriated for the fiscal year ending September 30, 2017, from GF/GP revenue for deposit into the countercyclical budget and economic stabilization fund the sum of $0.00. (3) In addition to the appropriation to the countercyclical budget and economic stabilization fund in subsection (2), there is appropriated to the countercyclical budget and economic stabilization fund for the fiscal year ending September 30, 2017, 25% of fiscal year 2016‑2017 general fund/general purpose unassigned fund balance recorded as part of the state book closing process for the 2016‑2017 fiscal year. Sec. 212. The departments and agencies receiving appropriations in part 1 shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short‑term and long‑term retention of records shall be followed. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines. Sec. 213. Funds appropriated in part 1 shall not be used by this state, a department, an agency, or an authority of this state to purchase an ownership interest in a casino enterprise or a gambling operation as those terms are defined in the Michigan gaming control and revenue act, 1996 IL 1, MCL 432.201 to 432.226. Sec. 215. A department or state agency shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff. Sec. 216. The departments and agencies receiving appropriations in part 1 shall prepare a report on out‑of‑state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the house and senate standing committees on appropriations, the house and senate fiscal agencies, and the state budget director. The report shall include the following information: (a) The dates of each travel occurrence. (b) The total transportation and related costs of each travel occurrence, including the proportion funded with state GF/GP revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues. Sec. 217. General fund appropriations in part 1 shall not be expended for items in cases where federal funding or private grant funding is available for the same expenditures. Sec. 219. The departments and agencies receiving appropriations in part 1 shall maintain, on a publicly accessible website, a department or agency scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department’s or agency’s performance. Sec. 221. Each department and agency shall report no later than April 1 on each specific policy change made to implement a public act affecting the department that took effect during the prior calendar year to the senate and house of representatives standing committees on appropriations subcommittees on general government, the joint committee on administrative rules, and the senate and house fiscal agencies. Sec. 226. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside legal services that the attorney general authorizes. Sec. 227. Within 14 days after the release of the executive budget recommendation, the departments and agencies receiving appropriations in part 1 shall cooperate with the state budget director to provide the chairs of the senate and house of representatives standing committees on appropriations, the chairs of the senate and house of representatives standing committees on appropriations subcommittees on general government, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2016 and September 30, 2017. Sec. 228. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total GF/GP appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year‑end GF/GP appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and the senate and house fiscal agencies. Sec. 229. If the office of the auditor general has identified an initiative or made a recommendation that is related to savings and efficiencies in an audit report for an executive branch department or agency, the department or agency shall report within 6 months of the release of the audit on their efforts and progress made toward achieving the savings 1170 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 and efficiencies identified in the audit report. The report shall be submitted to the chairs of the senate and house of representatives standing committees on appropriations, the chairs of the senate and house of representatives standing committees with jurisdiction over matters relating to the department that is audited, and the senate and house fiscal agencies. Sec. 233. In addition to the GF/GP appropriations for special maintenance, remodeling, and addition ‑ state facilities in part 1, there is also appropriated related federal and state restricted funds up to the amounts that will be earned based upon the initiatives undertaken with the funds in part 1. The state budget director shall determine and authorize the appropriate manner for implementing this section. Sec. 234. In addition to the GF/GP appropriations for enterprisewide information technology investments in part 1, there is also appropriated related federal and state restricted funds up to the amounts that will be earned based upon the initiatives undertaken with the funds in part 1. The state budget director shall determine and authorize the appropriate manner for implementing this section. Sec. 235. By April 1, the state budget director shall submit a report to the senate and house appropriations committees and the senate and house fiscal agencies. The report shall recommend a contingency plan for each federal funding source included in the state budget of $10,000,000.00 or more in the event that the federal government reduces funding to the state through that source by 10% or greater. Sec. 240. (1) Concurrently with the submission of the fiscal year 2017‑2018 executive budget recommendations, the state budget office shall provide the senate and house appropriations committees, the senate and house fiscal agencies, and the policy offices, a report that lists each new program or program enhancement for which funds in excess of $500,000.00 are appropriated in part 1 of each departmental appropriation act. (2) By July 1, 2017, the state budget director and the chairs of the senate and house appropriations committees shall identify new programs or program enhancements identified under subsection (1) for measurement using program–specific metrics, in addition to the metrics required under section 447 of the management and budget act, 1984 PA 431, MCL 18.1447. (3) By September 30, 2018, the state budget office shall provide a report on the specific metrics and the progress in meeting the estimated performance for each program identified under subsection (2) to the senate and house appropriations committees, the senate and house appropriations subcommittees on each state department, and the senate and house fiscal agencies and policy offices. It is the intent of the legislature that the governor consider the estimated performance of the new program or program enhancement as the basis for any increase in funds appropriated from the prior year. DEPARTMENT OF ATTORNEY GENERAL Sec. 301. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,500,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,500,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 302. (1) The attorney general shall perform all legal services, including representation before courts and administrative agencies rendering legal opinions and providing legal advice to a principal executive department or state agency. A principal executive department or state agency shall not employ or enter into a contract with any other person for services described in this section. (2) The attorney general shall defend judges of all state courts if a claim is made or a civil action is commenced for injuries to persons or property caused by the judge through the performance of the judge’s duties while acting within the scope of his or her authority as a judge. (3) The attorney general shall perform the duties specified in 1846 RS 12, MCL 14.28 to 14.35, and 1919 PA 232, MCL 14.101 to 14.102, and as otherwise provided by law. Sec. 303. The attorney general may sell copies of the biennial report in excess of the 350 copies that the attorney general may distribute on a gratis basis. Gratis copies shall not be provided to members of the legislature. Electronic copies of biennial reports shall be made available on the department of attorney general’s website. The attorney general shall sell copies of the report at not less than the actual cost of the report and shall deposit the money received into the general fund. Sec. 304. The department of attorney general is responsible for the legal representation for state of Michigan state employee worker’s disability compensation cases. The risk management revolving fund revenue appropriation in part 1 is to be satisfied by billings from the department of attorney general for the actual costs of legal representation, including salaries and support costs. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1171 Sec. 305. In addition to the funds appropriated in part 1, not more than $400,000.00 shall be reimbursed per fiscal year for food stamp fraud cases heard by the third circuit court of Wayne County that were initiated by the department of attorney general pursuant to the existing contract between the department of health and human services, the Prosecuting Attorneys Association of Michigan, and the department of attorney general. The source of this funding is money earned by the department of attorney general under the agreement after the allowance for reimbursement to the department of attorney general for costs associated with the prosecution of food stamp fraud cases. It is recognized that the federal funds are earned by the department of attorney general for its documented progress on the prosecution of food stamp fraud cases according to the United States Department of Agriculture regulations and that, once earned by this state, the funds become state funds. Sec. 306. Any proceeds from a lawsuit initiated by or settlement agreement entered into on behalf of this state against a manufacturer of tobacco products by the attorney general are state funds and are subject to appropriation as provided by law. Sec. 307. (1) In addition to the antitrust revenues in part 1, antitrust, securities fraud, consumer protection or class action enforcement revenues, or attorney fees recovered by the department, not to exceed $250,000.00, are appropriated to the department for antitrust, securities fraud, and consumer protection or class action enforcement cases. (2) Any unexpended funds from antitrust, securities fraud, or consumer protection or class action enforcement revenues at the end of the fiscal year, including antitrust funds in part 1, may be carried forward for expenditure in the following fiscal year up to the maximum authorization of $250,000.00. Sec. 308. (1) In addition to the funds appropriated in part 1, there is appropriated up to $1,000,000.00 from litigation expense reimbursements awarded to the state. (2) The funds may be expended for the payment of court judgments, settlements, arbitration awards or other administrative and litigation decisions, attorney fees, and litigation costs, assessed against the office of the governor, the department of the attorney general, the governor, or the attorney general when acting in an official capacity as the named party in litigation against the state. The funds may also be expended for the payment of state costs incurred under section 16 of chapter X of the code of criminal procedure, 1927 PA 175, MCL 770.16. (3) Unexpended funds at the end of the fiscal year may be carried forward for expenditure in the following year, up to a maximum authorization of $1,000,000.00. Sec. 309. From the prisoner reimbursement funds appropriated in part 1, the department may spend up to $625,200.00 on activities related to the state correctional facility reimbursement act, 1935 PA 253, MCL 800.401 to 800.406. In addition to the funds appropriated in part 1, if the department collects in excess of $1,131,000.00 in gross annual prisoner reimbursement receipts provided to the general fund, the excess, up to a maximum of $1,000,000.00, is appropriated to the department of attorney general and may be spent on the representation of the department of corrections and its officers, employees, and agents, including, but not limited to, the defense of litigation against the state, its departments, officers, employees, or agents in civil actions filed by prisoners. Sec. 310. (1) For the purposes of providing title IV‑D child support enforcement funding, the department of health and human services, as the state IV‑D agency, shall maintain a cooperative agreement with the attorney general for federal IV‑D funding to support the child support enforcement activities within the office of the attorney general. (2) The attorney general or his or her designee shall, to the extent allowable under federal law, have access to any information used by the state to locate parents who fail to pay court‑ordered child support. Sec. 312. The department of attorney general shall not receive and expend funds in addition to those authorized in part 1 for legal services provided specifically to other state departments or agencies except for costs for expert witnesses, court costs, or other nonsalary litigation expenses associated with a pending legal action. Sec. 313. From the funds appropriated in part 1 for attorney general operations, the department shall allocate $600,000.00 for the investigation and prosecution of mortgage fraud. Sec. 314. From the lawsuit settlement proceeds fund appropriated in part 1, the department may spend the funds for the costs of all associated expenses related to the declaration of emergency due to drinking water contamination up to $2,600,000.00. Sec. 314a. (1) From the funds appropriated in part 1 for one‑time appropriations for the attorney general, the depart­ ment of attorney general shall allocate $700,000.00 for investigations, crime victim rights, prosecutions, and appeals for retroactive juvenile life without parole cases. (2) The attorney general’s office shall submit a detailed expenditure report to the house and senate appropriations subcommittees on general government and the judiciary, the senate and house fiscal agencies, and the state budget director by September 30 detailing how the funds provided in subsection (1) were expended. Sec. 315. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2017 are $18,361,000.00. From this amount, total agency appropriations for pension‑related legacy costs are estimated at $10,096,700.00. Total agency appropriations for retiree health care legacy costs are estimated at $8,264,300.00. Sec. 316. (1) From the funds appropriated in part 1 for sexual assault law enforcement efforts, the department shall use the funds for testing of backlogged sexual assault kits across the state. The funding provided in part 1 shall be distributed in the following order of priority: (a) To eliminate all county sexual assault kit backlogs outside of Wayne County. 1172 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (b) To assist local prosecutors with investigations and prosecutions of viable cases. (c) To provide victim services. (2) The department of attorney general shall provide a detailed work and spending plan outlining anticipated litigation action and expenditures resulting from findings of the sexual assault kit testing. The spending plan shall be transmitted to the state budget office, the senate and house fiscal agencies, and the senate and house of representatives standing committees on appropriations subcommittees on general government. The appropriation shall not be available for expenditure until the work plan is approved by the state budget director. The state budget office shall notify the senate and house of representatives standing committees on appropriations subcommittees on general government at least 15 days prior to release of the funds. (3) The department of attorney general shall provide a report by January 30 providing updated information related to the work and spending plan listed in subsection (2) and provide an update on expenditures made in relation to assisting local prosecutions and investigations and providing victim services. The report shall be distributed to the state budget office and the chairs of the senate and house of representatives standing committees on appropriations subcommittees on general government, as well as the senate and house fiscal agencies. Sec. 317. (1) The department of attorney general shall report all legal costs and associated expenses related to the declaration of emergency due to drinking water contamination, and the investigations and any resulting prosecutions, for publication in the Flint water emergency‑financial and activities tracking and reporting document that is posted by the state budget director on the public website, michigan.gov/flintwater. The tracking and reporting documents shall include the budget line item source for each expenditure. (2) At the conclusion of all attorney general investigations related to the declaration of emergency due to drinking water contamination, all materials related to any investigations shall be preserved pursuant to applicable document retention policies. DEPARTMENT OF CIVIL RIGHTS Sec. 401. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $750,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 402. (1) In addition to the appropriations contained in part 1, the department of civil rights may receive and expend funds from local or private sources for all of the following purposes: (a) Developing and presenting training for employers on equal employment opportunity law and procedures. (b) The publication and sale of civil rights related informational material. (c) The provision of copy material made available under freedom of information requests. (d) Other copy fees, subpoena fees, and witness fees. (e) Developing, presenting, and participating in mediation processes for certain civil rights cases. (f) Workshops, seminars, and recognition or award programs consistent with the programmatic mission of the individual unit sponsoring or coordinating the programs. (g) Staffing costs for all activities included in this subsection. (2) The department of civil rights shall annually report to the state budget director, the senate and house of representatives standing committees on appropriations, and the senate and house fiscal agencies the amount of funds received and expended for purposes authorized under this section. Sec. 403. The department of civil rights may contract with local units of government to review equal employment opportunity compliance of potential contractors and may charge for and expend amounts received from local units of government for the purpose of developing and providing these contractual services. Sec. 404. (1) The department of civil rights shall prepare and transmit a detailed report that includes, but is not limited to, the following information for the most recent fiscal year: (a) A detailed description of the department operations. (b) A detailed description of all subunits within the department, including FTE positions associated with each subunit, responsibilities of each subunit, and all revenues and expenditures for each subunit. (c) The number of complaints by type of complaint. (d) The average cost of, and time expended, investigating complaints. (e) The percentage of complaints that are meritorious and worthy of investigation or settlement and the percentage of complaints that have no merit. (f) A listing of amounts awarded to claimants. (g) Expenditures associated with complaint investigation and enforcement. (h) A listing of complaint investigations closed per FTE position for each of the past 5 years. (i) A listing of complaint evaluations completed per FTE position for each of the past 5 years. (j) Productivity projections for the current fiscal year, including investigations closed per FTE, complaint evaluations completed per FTE, and average time expended investigating complaints. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1173 (2) The report required under subsection (1) shall be posted online and transmitted electronically not later than November 30 to the state budget director, the chairpersons of the senate and house of representatives standing committees on appropriations, the senate and house appropriations subcommittees on general government, and the senate and house fiscal agencies. Sec. 405. The department of civil rights shall notify the office of the state budget, senate and house of representatives standing committees on appropriations, and senate and house fiscal agencies prior to submitting a report or complaint to the United States Commission on Civil Rights or other federal departments. Sec. 410. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2017 are $3,062,000.00. From this amount, total agency appropriations for pension‑related legacy costs are estimated at $1,697,800.00. Total agency appropriations for retiree health care legacy costs are estimated at $1,364,200.00. LEGISLATURE Sec. 600. The senate, the house of representatives, or an agency within the legislative branch may receive, expend, and transfer funds in addition to those authorized in part 1. Sec. 601. (1) Funds appropriated in part 1 to an entity within the legislative branch shall not be expended or transferred to another account without written approval of the authorized agent of the legislative entity. If the authorized agent of the legislative entity notifies the state budget director of its approval of an expenditure or transfer before the year‑end book‑closing date for that legislative entity, the state budget director shall immediately make the expenditure or transfer. The authorized legislative entity agency shall be designated by the speaker of the house of representatives for house entities, the senate majority leader for senate entities, and the legislative council for legislative council entities. (2) Funds appropriated within the legislative branch, to a legislative council component, shall not be expended by any agency or other subgroup included in that component without the approval of the legislative council. Sec. 602. The senate may charge rent and assess charges for utility costs. The amounts received for rent charges and utility assessments are appropriated to the senate for the renovation, operation, and maintenance of the Farnum Building and other properties. Sec. 603. From the appropriation contained in part 1 for national association dues, the first $34,800.00 shall be paid to the National Conference of Commissioners of Uniform State Laws. The remaining funds shall be distributed accordingly by the legislative council. Sec. 604. (1) The appropriation in part 1 to the Michigan state capitol historic site includes funds to operate the legislative parking facilities in the capitol area. The Michigan state capitol commission shall establish rules regarding the operation of the legislative parking facilities. (2) The Michigan state capitol commission shall collect a fee from state employees and the general public using certain legislative parking facilities. The revenues received from the parking fees are appropriated upon receipt and shall be allocated by the Michigan state capitol commission. Sec. 605. The appropriation in part 1 to the legislative council for publication of the Michigan manual is a work project account. The unexpended portion remaining on September 30 shall not lapse and shall be carried forward into the subsequent fiscal year for use in paying the associated biennial costs of publication of the Michigan manual. Sec. 606. The appropriations in part 1 to the legislative branch, for property management, shall be used to purchase equipment and services for building maintenance in order to ensure a safe and productive work environment. These funds are designated as work project appropriations and shall not lapse at the end of the fiscal year, and shall continue to be available for expenditure until the project has been completed. The total cost is estimated at $2,000,000.00, and the tentative completion date is September 30, 2020. Sec. 607. The appropriations in part 1 to the legislative branch, for automated data processing, shall be used to purchase equipment, software, and services in order to support and implement data processing requirements and technology improvements. These funds are designated as work project appropriations in accordance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a, and shall not lapse at the end of the fiscal year, and shall continue to be available for expenditure until the project has been completed. The total cost is estimated at $2,000,000.00, and the tentative completion date is September 30, 2020. Sec. 608. In addition to funds appropriated in part 1, the Michigan capitol committee publications save the flags fund account may accept contributions, gifts, bequests, devises, grants, and donations. Those funds that are not expended in the fiscal year ending September 30 shall not lapse at the close of the fiscal year, and shall be carried forward for expenditure in the following fiscal years. Sec. 610. (1) From the one‑time funds appropriated in part 1 for the criminal justice policy commission study, the criminal justice policy commission shall spend up to $500,000.00 for a study to determine what the additional estimated annual costs to counties would be if 17‑year‑olds were redirected from the adult court and correctional systems into the family court and juvenile justice systems. The study shall also determine the estimated savings to the state corrections system, as well as any other financial or policy costs and benefits, from such a redirection. (2) The unexpended funds appropriated in part 1 for the criminal justice policy commission study are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and 1174 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 shall be available for expenditure for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the project is to determine what additional estimated annual costs to counties would be if 17‑year‑olds were redirected from the adult court and correctional systems into the family court and juvenile justice systems and the estimated savings to the state corrections system, as well as any other financial or policy costs and benefits, from such a redirection. (b) The project will be accomplished by utilizing state employees or contracts with private vendors, or both. (c) The total estimated cost of the project is $500,000.00. (d) The tentative completion date is April 1, 2018. Sec. 615. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2017 are $21,279,600.00. From this amount, total agency appropriations for pension‑related legacy costs are estimated at $11,998,700.00. Total agency appropriations for retiree health care legacy costs are estimated at $9,280,900.00. Sec. 618. It is the intent of the legislature that all administrative functions and associated funding for the Michigan legislative retirement system shall be transferred from the legislative council to the department of technology, management, and budget before the end of the 2016‑2017 fiscal year. Sec. 619. The funds appropriated in part 1 for the Michigan veterans facility ombudsman shall be used to create a veterans facility ombudsman to address complaints made at the veterans’ homes of this state. LEGISLATIVE AUDITOR GENERAL Sec. 620. Pursuant to section 53 of article IV of the state constitution of 1963, the auditor general shall conduct audits of the judicial branch. The audits may include the supreme court and its administrative units, the court of appeals, and trial courts. Sec. 621. (1) The auditor general shall take all reasonable steps to ensure that certified minority‑ and women‑owned and operated accounting firms, and accounting firms owned and operated by persons with disabilities participate in the audits of the books, accounts, and financial affairs of each principal executive department, branch, institution, agency, and office of this state. (2) The auditor general shall strongly encourage firms with which the auditor general contracts to perform audits of the principal executive departments and state agencies to subcontract with certified minority‑ and women‑owned and operated accounting firms, and accounting firms owned and operated by persons with disabilities. (3) The auditor general shall compile an annual report regarding the number of contracts entered into with certified minority‑ and women‑owned and operated accounting firms, and accounting firms owned and operated by persons with disabilities. The auditor general shall deliver the report to the state budget director and the senate and house of representatives standing committees on appropriations subcommittees on general government by November 1 of each year. Sec. 622. From the funds appropriated in part 1 to the legislative auditor general, the auditor general’s salary and the salaries of the remaining 2.0 FTE unclassified positions shall be set by the speaker of the house of representatives, the senate majority leader, the house of representatives minority leader, and the senate minority leader. Sec. 623. Any audits, reviews, or investigations requested of the auditor general by the legislature or by legislative leadership, legislative committees, or individual legislators shall include an estimate of the additional costs involved and, when those costs exceed $50,000.00, should provide supplemental funding. The auditor general shall determine whether to perform those activities in keeping with Audit Directive No. 29, which describes the office of the auditor general’s policy on responding to legislative requests. DEPARTMENT OF STATE Sec. 701. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $7,500,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $50,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 703. From the funds appropriated in part 1, the department of state shall sell copies of records including, but not limited to, records of motor vehicles, off‑road vehicles, snowmobiles, watercraft, mobile homes, personal identification cardholders, drivers, and boat operators and shall charge $11.00 per record sold only as authorized in section 208b of the Michigan vehicle code, 1949 PA 300, MCL 257.208b, section 7 of 1972 PA 222, MCL 28.297, and No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1175 sections 80130, 80315, 81114, and 82156 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.80130, 324.80315, 324.81114, and 324.82156. The revenue received from the sale of records shall be credited to the transportation administration collection fund created under section 810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b. The department of state shall provide quarterly reports to the legislature and the senate and house fiscal agencies. The report shall be provided within 15 days of the close of the quarter and shall include the number of records sold and the revenues collected. Sec. 704. From the funds appropriated in part 1, the secretary of state may enter into agreements with the department of corrections for the manufacture of vehicle registration plates 15 months before the registration year in which the registration plates will be used. Sec. 705. (1) The department of state may accept gifts, donations, contributions, and grants of money and other property from any private or public source to underwrite, in whole or in part, the cost of a departmental publication that is prepared and disseminated under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923. A private or public funding source may receive written recognition in the publication and may furnish a traffic safety message, subject to departmental approval, for inclusion in the publication. The department may reject a gift, donation, contribution, or grant. The department may furnish copies of a publication underwritten, in whole or in part, by a private source to the underwriter at no charge. (2) The department of state may sell and accept paid advertising for placement in a departmental publication that is prepared and disseminated under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923. The department may charge and receive a fee for any advertisement appearing in a departmental publication and shall review and approve the content of each advertisement. The department may refuse to accept advertising from any person or organization. The department may furnish a reasonable number of copies of a publication to an advertiser at no charge. (3) Pending expenditure, the funds received under this section shall be deposited in the Michigan department of state publications fund created by section 211 of the Michigan vehicle code, 1949 PA 300, MCL 257.211. Funds given, donated, or contributed to the department from a private source are appropriated and allocated for the purpose for which the revenue is furnished. Funds granted to the department from a public source are allocated and may be expended upon receipt. The department shall not accept a gift, donation, contribution, or grant if receipt is conditioned upon a commitment of state funding at a future date. Revenue received from the sale of advertising is appropriated and may be expended upon receipt. (4) Any unexpended revenues received under this section shall be carried over into subsequent fiscal years and shall be available for appropriation for the purposes described in this section. (5) On March 1 of each year, the department of state shall file a report with the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the state budget director. The report shall include all of the following information: (a) The amount of gifts, contributions, donations, and grants of money received by the department under this section for the prior fiscal year. (b) A listing of the expenditures made from the amounts received by the department as reported in subdivision (a). (c) A listing of any gift, donation, contribution, or grant of property other than funding received by the department under this section for the prior year. (d) The total revenue received from the sale of paid advertising accepted under this section and a statement of the total number of advertising transactions. (6) In addition to copies delivered without charge as the secretary of state considers necessary, the department of state may sell copies of manuals and other publications regarding the sale, ownership, or operation or regulation of motor vehicles, with amendments, at prices to be established by the secretary of state. As used in this subsection, the term “manuals and other publications” includes videos and proprietary electronic publications. All funds received from sales of these manuals and other publications shall be credited to the Michigan department of state publications fund. Sec. 707. Funds collected by the department of state under section 211 of the Michigan vehicle code, 1949 PA 300, MCL 257.211, are appropriated for all expenses necessary to provide for the costs of the publication. Funds are allotted for expenditure when they are received by the department of treasury and shall not lapse to the general fund at the end of the fiscal year. Sec. 708. From the funds appropriated in part 1, the department of state shall use available balances at the end of the state fiscal year to provide payment to the department of state police in the amount of $332,000.00 for the services provided by the traffic accident records program as first appropriated in 1990 PA 196 and 1990 PA 208. Sec. 709. From the funds appropriated in part 1, the department of state may restrict funds from miscellaneous revenue to cover cash shortages created from normal branch office operations. This amount shall not exceed $50,000.00 of the total funds available in miscellaneous revenue. Sec. 710. (1) Commemorative and specialty license plate fee revenue collected by the department of state and deposited into the transportation administration collection fund created in section 810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b, is authorized for expenditure up to the amount of revenue collected but not to exceed the amount appropriated to the department of state in part 1 to administer commemorative and specialty license plate programs. 1176 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (2) Commemorative and specialty license plate fee revenue collected by the department of state and deposited in the transportation administration collection fund created in section 810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b, in addition to the amount appropriated in part 1 to the department of state, shall remain in the trans­porta­ tion administration collection fund created in section 810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b, and be available for future appropriation. Sec. 711. Collector plate and fund‑raising registration plate revenues collected by the department of state are appropriated and allotted for distribution to the recipient university or public or private agency overseeing a state‑sponsored goal when received. Distributions shall occur on a quarterly basis or as otherwise authorized by law. Any revenues remaining at the end of the fiscal year shall not lapse to the general fund but shall remain available for distribution to the university or agency in the next fiscal year. Sec. 712. The department of state may produce and sell copies of a training video designed to inform registered automotive repair facilities of their obligations under Michigan law. The price shall not exceed the cost of production and distribution. The money received from the sale of training videos shall revert to the department of state and be placed in the auto repair facility account. Sec. 713. (1) The department of state, in collaboration with the gift of life transplantation society or its successor federally designated organ procurement organization, may develop and administer a public information campaign concerning the Michigan organ donor program. (2) The department of state may solicit funds from any private or public source to underwrite, in whole or in part, the public information campaign authorized by this section. The department may accept gifts, donations, contributions, and grants of money and other property from private and public sources for this purpose. A private or public funding source underwriting the public information campaign, in whole or in substantial part, shall receive sponsorship credit for its financial backing. (3) Funds received under this section, including grants from state and federal agencies, shall not lapse to the general fund at the end of the fiscal year but shall remain available for expenditure for the purposes described in this section. (4) Funding appropriated in part 1 for the organ donor program shall be used for producing a pamphlet to be distributed with driver licenses and personal identification cards regarding organ donations. The funds shall be used to update and print a pamphlet that will explain the organ donor program and encourage people to become donors by marking a checkoff on driver license and personal identification card applications. (5) The pamphlet shall include a return reply form addressed to the gift of life organization. Funding appropriated in part 1 for the organ donor program shall be used to pay for return postage costs. (6) In addition to the appropriations in part 1, the department of state may receive and expend funds from the organ and tissue donation education fund for administrative expenses. Sec. 714. (1) Except as otherwise provided under subsection (2), at least 180 days before closing a branch office or consolidating a branch office and at least 60 days before relocating a branch office, the department of state shall inform members of the senate and house of representatives standing committees on appropriations and legislators who represent affected areas regarding the details of the proposal. The information provided shall be in written form and include all analyses done regarding criteria for changes in the location of branch offices, including, but not limited to, branch transactions, revenue, and the impact on citizens of the affected area. The impact on citizens shall include information regarding additional distance to branch office locations resulting from the plan. The written notice provided by the department of state shall also include detailed estimates of costs and savings that will result from the overall changes made to the branch office structure and the same level of detail regarding costs for new leased facilities and expansions of current leased space. (2) If the consolidation of a branch office is with another branch office that is located within the same local unit of government or the relocation of a branch office is to another location that is located within the same local unit of government, the department of state is not required to provide the notification or written information described in subsection (1). (3) As used in this section, “local unit of government” means a city, village, township, or county. Sec. 715. (1) Any service assessment collected by the department of state from the user of a credit or debit card under section 3 of 1995 PA 144, MCL 11.23, may be used by the department for necessary expenses related to that service and may be remitted to a credit or debit card company, bank, or other financial institution. (2) The service assessment imposed by the department of state for credit and debit card services may be based either on a percentage of each individual credit or debit card transaction, or on a flat rate per transaction, or both, scaled to the amount of the transaction. However, the department shall not charge any amount for a service assessment which exceeds the costs billable to the department for service assessments. (3) If there is a balance of service assessments received from credit and debit card services remaining on September 30, the balance may be carried forward to the following fiscal year and appropriated for the same purpose. (4) As used in this section, “service assessment” means and includes costs associated with service fees imposed by credit and debit card companies and processing fees imposed by banks and other financial institutions. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1177 Sec. 716b. The department of state shall provide a report that calculates the total amount of funds expended for the business application modernization project to date from the inception of the program. The report shall contain information on the original start and completion dates for the project, the original cost to complete the project, and a listing of all revisions to project completion dates and costs. The report shall include the total amount of funds paid to the state by the contract provider for penalties. The report shall be submitted to the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the state budget director by January 1. Sec. 717. (1) The department of state may accept nonmonetary gifts, donations, or contributions of property from any private or public source to support, in whole or in part, the operation of a departmental function relating to licensing, regulation, or safety. The department may recognize a private or public contributor for making the contribution. The department may reject a gift, donation, or contribution. (2) The department of state shall not accept a gift, donation, or contribution under subsection (1) if receipt of the gift, donation, or contribution is conditioned upon a commitment of future state funding. (3) On March 1 of each year, the department of state shall file a report with the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the state budget director. The report shall list any gift, donation, or contribution received by the department under subsection (1) for the prior calendar year. Sec. 718. From the funds appropriated in part 1 to the department of state, branch operations, the department shall maintain a full service secretary of state branch office in Buena Vista Township. Sec. 721. From the funds appropriated in part 1, the department of state may collect ATM commission fees from companies that have ATMs located in secretary of state branch offices. The commission received from the use of these ATMs shall be credited to the transportation administration collection fund created under section 810b of the Michigan vehicle code, 1949 PA 300, MCL 257.810b. Sec. 722. (1) From the increased funds appropriated in part 1 for information technology services and projects, the department of state shall establish a legacy modernization project beginning in the current fiscal year. The purpose of this program expansion is modernization of the entire system and removal of existing programs from the legacy mainframes. (2) The department of state shall provide a report on the status of the legacy modernization project that includes, but is not limited to, itemization of all expenditures made on behalf of the project, anticipated completion date of the project, time frame of each phase of the project, the cost of the project, the number of employees assigned to implement each phase of the project, the contracts entered into for the project, anticipated overall cost of the project, and any other information the department considers necessary. The plan shall be distributed to the senate and house of representatives standing committees on appropriations subcommittees on general government, as well as the senate and house fiscal agencies, and the state budget director by January 1. Sec. 723. From the increased funds appropriated in part 1 for elections administration and services, the department of state shall establish funding available for the replacement of voting machines. The purpose of this program expansion is replacement of existing voting machines in the local jurisdictions. Sec. 725. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2017 are $31,874,100.00. From this amount, total agency appropriations for pension‑related legacy costs are estimated at $17,673,400.00. Total agency appropriations for retiree health care legacy costs are estimated at $14,200,700.00. DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET Sec. 801. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $4,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $8,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $150,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 802. Proceeds in excess of necessary costs incurred in the conduct of transfers or auctions of state surplus, salvage, or scrap property made pursuant to section 267 of the management and budget act, 1984 PA 431, MCL 18.1267, are appropriated to the department of technology, management, and budget to offset costs incurred in the acquisition and distribution of federal surplus property. The department of technology, management, and budget shall provide consolidated Internet auction services through the state’s contractors for all local units of government. Sec. 803. (1) The department of technology, management, and budget may receive and expend funds in addition to those authorized by part 1 for maintenance and operation services provided specifically to other principal executive departments or state agencies, the legislative branch, the judicial branch, or private tenants, or provided in connection with facilities transferred to the operational jurisdiction of the department of technology, management, and budget. 1178 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (2) The department of technology, management, and budget may receive and expend funds in addition to those authorized by part 1 for real estate, architectural, design, and engineering services provided specifically to other principal executive departments or state agencies, the legislative branch, the judicial branch, or private tenants. (3) The department of technology, management, and budget may receive and expend funds in addition to those authorized in part 1 for mail pickup and delivery services provided specifically to other principal executive departments and state agencies, the legislative branch, or the judicial branch. (4) The department of technology, management, and budget may receive and expend funds in addition to those authorized in part 1 for purchasing services provided specifically to other principal executive departments and state agencies, the legislative branch, or the judicial branch. Sec. 804. (1) The source of financing in part 1 for statewide appropriations shall be funded by assessments against longevity and insurance appropriations throughout state government in a manner prescribed by the department of technology, management, and budget. Funds shall be used as specified in joint labor/management agreements or through the coordinated compensation hearings process. Any deposits made under this subsection and any unencumbered funds are restricted revenues, may be carried over into the succeeding fiscal years, and are appropriated. (2) In addition to the funds appropriated in part 1 for statewide appropriations, the department of technology, management, and budget may receive and expend funds in such additional amounts as may be specified in joint labor/ management agreements or through the coordinated compensation hearings process in the same manner and subject to the same conditions as prescribed in subsection (1). Sec. 805. To the extent a specific appropriation is required for a detailed source of financing included in part 1 for the department of technology, management, and budget appropriations financed from special revenue and internal service and pension trust funds, or MAIN user charges, the specific amounts are appropriated within the special revenue internal service and pension trust funds in portions not to exceed the aggregate amount appropriated in part 1. Sec. 806. In addition to the funds appropriated in part 1 to the department of technology, management, and budget, the department may receive and expend funds from other principal executive departments and state agencies to implement administrative leave bank transfer provisions as may be specified in joint labor/management agreements. The amounts may also be transferred to other principal executive departments and state agencies under the joint agreement and any amounts transferred under the joint agreement are authorized for receipt and expenditure by the receiving principal executive department or state agency. Any amounts received by the department of technology, management, and budget under this section and intended, under the joint labor/management agreements, to be available for use beyond the close of the fiscal year and any unencumbered funds may be carried over into the succeeding fiscal year. Sec. 807. The source of financing in part 1 for the Michigan administrative information network shall be funded by proportionate charges assessed against the respective state funds benefiting from this project in the amounts determined by the department. Sec. 808. (1) Deposits against the interdepartmental grant from building occupancy and parking charges appropriated in part 1 shall be collected, in part, from state agencies, the legislative branch, and the judicial branch based on estimated costs associated with maintenance and operation of buildings managed by the department of technology, management, and budget. To the extent excess revenues are collected due to estimates of building occupancy charges exceeding actual costs, the excess revenues may be carried forward into succeeding fiscal years for the purpose of returning funds to state agencies. (2) Appropriations in part 1 to the department of technology, management, and budget, for management and budget services from building occupancy charges and parking charges, may be increased to return excess revenue collected to state agencies. Sec. 809. On a quarterly basis, the department of technology, management, and budget shall notify the chairpersons of the senate and house of representatives standing committees on appropriations, the chairpersons of the senate and house of representatives standing committees on appropriations subcommittees on general government, the house and senate fiscal agencies, and the state budget director on any revisions that increase or decrease current contracts by more than $500,000.00 for computer software development, hardware acquisition, or quality assurance. Sec. 810. The department of technology, management, and budget shall maintain an Internet website that contains notice of all invitations for bids and requests for proposals over $50,000.00 issued by the department or by any state agency operating under delegated authority. The department shall not accept an invitation for bid or request for proposal in less than 14 days after the notice is made available on the Internet website, except in situations where it would be in the best interest of the state and documented by the department. In addition to the requirements of this section, the department may advertise the invitations for bids and requests for proposals in any manner the department determines appropriate, in order to give the greatest number of individuals and businesses the opportunity to make bids or requests for proposals. Sec. 811. The department of technology, management, and budget may receive and expend funds from the Vietnam veterans memorial monument fund as provided in the Michigan Vietnam veterans memorial act, 1988 PA 234, MCL 35.1051 to 35.1057. Funds are appropriated and allocated when received and may be expended upon receipt. Sec. 812. The Michigan veterans’ memorial park commission may receive and expend money from any source, public or private, including, but not limited to, gifts, grants, donations of money, and government appropriations, for the No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1179 purposes described in Executive Order No. 2001‑10. Funds are appropriated and allocated when received and may be expended upon receipt. Any deposits made under this section and unencumbered funds are restricted revenues and may be carried over into succeeding fiscal years. Sec. 813. (1) Funds in part 1 for motor vehicle fleet are appropriated to the department of technology, management, and budget for administration and for the acquisition, lease, operation, maintenance, repair, replacement, and disposal of state motor vehicles. (2) The appropriation in part 1 for motor vehicle fleet shall be funded by revenue from rates charged to principal executive departments and agencies for utilizing vehicle travel services provided by the department. Revenue in excess of the amount appropriated in part 1 from the motor transport fund and any unencumbered funds are restricted revenues and may be carried over into the succeeding fiscal year. (3) Pursuant to the department of technology, management, and budget’s authority under sections 213 and 215 of the management and budget act, 1984 PA 431, MCL 18.1213 and 18.1215, the department shall maintain a plan regarding the operation of the motor vehicle fleet. The plan shall include the number of vehicles assigned to, or authorized for use by, state departments and agencies, efforts to reduce travel expenditures, the number of cars in the motor vehicle fleet, the number of miles driven by fleet vehicles, and the number of gallons of fuel consumed by fleet vehicles. The plan shall include a calculation of the amount of state motor vehicle fuel taxes that would have been incurred by fleet vehicles if fleet vehicles were required by law to pay motor fuel taxes. The plan shall include a description of fleet garage operations, the goods sold and services provided by the fleet garage, the cost to operate the fleet garage, the number of fleet garage locations, and the number of employees assigned to each fleet garage. The plan may be adjusted during the fiscal year based on needs and cost savings to achieve the maximum value and efficiency from the state motor fleet. Within 60 days after the close of the fiscal year, the department shall provide a report to the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the state budget director detailing the current plan and changes made to the plan during the fiscal year. (4) The department of technology, management, and budget may charge state agencies for fuel cost increases that exceed $3.04 per gallon of unleaded gasoline. The department shall notify state agencies, in writing or by electronic mail, at least 30 days before implementing additional charges for fuel cost increases. Revenues received from these charges are appropriated upon receipt. (5) The state budget director, upon notification to the senate and house of representatives standing committees on appropriations, may adjust spending authorization and the IDG from motor transport fund in the department of technology, management, and budget in order to ensure that the appropriations for motor vehicle fleet in the department budget equal the expenditures for motor vehicle fleet in the budgets for all executive branch agencies. Sec. 814. The department of technology, management, and budget shall develop a plan regarding the use of the funds appropriated in part 1 for the enterprisewide information technology investment projects. The plan shall include, but not be limited to, a description of proposed information technology investment projects, the time frame for completion of the information technology investment projects, the proposed cost of the information technology investment projects, the number of employees assigned to implement each information technology investment project, the contracts entered into for each information technology investment project, and any other information the department deems necessary. The plan shall be distributed to the senate and house of representatives standing committees on appropriations subcommittees on general government, as well as the senate and house fiscal agencies, and the state budget director on a quarterly basis. The submitted plan shall also include anticipated spending reductions or overages for each of the proposed information technology investment projects. The department of technology, management, and budget shall notify the senate and house of representatives standing committees on appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget director when a project funded under an information technology investment project line item in part 1 is expected to require a transfer of dollars from another project in excess of $500,000.00. Sec. 814a. The funds appropriated in part 1 for information technology investment projects shall be used for the modernization of state information technology systems, improvement of the state’s cyber security framework, and to achieve efficiencies. Sec. 816. An RFP issued for the purpose of privatization shall include all factors used in evaluating and determining price. Sec. 818. In addition to the funds appropriated in part 1, the department of technology, management, and budget may receive and expend money from the Michigan law enforcement officers memorial monument fund as provided in the Michigan law enforcement officers memorial act, 2004 PA 177, MCL 28.781 to 28.787. Sec. 820. The department shall make available to the public a list of all parcels of real property owned by the state that are available for purchase. The list shall be posted on the Internet through the department’s website. Sec. 821. The department of technology, management, and budget shall annually update the office space consolidation project plan, including the use of the funds appropriated pursuant to 2012 PA 200 for the space consolidation fund. By February 15, the department shall report to the senate and house of representatives committees on appropriations subcommittees on general government and the senate and house fiscal agencies on the revised plan and plan implementa­ tion. The report shall include, but is not limited to, the description of the proposed office space to be consolidated, the 1180 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 time frame for completion of the office space consolidation, the proposed itemized cost of the office space consolidation, the number of employees assigned to implement the office space consolidation, the contracts entered into for the office space consolidation, information on completed projects, anticipated savings, savings achieved, and any other information the department deems necessary. Sec. 822. The department of technology, management, and budget shall compile a report by January 1 pertaining to the salaries of unclassified employees, as well as gubernatorial appointees, within all state departments and agencies. The report shall enumerate each unclassified employee and gubernatorial appointee and his or her annual salary individually. The report shall be distributed to the chairs of the senate and house of representatives standing committees on appropriations subcommittees on general government, as well as the senate and house fiscal agencies and be made available electronically. Sec. 822b. (1) A public‑private partnership investment fund is created in MDTMB. Subject to subsections (2) and (3), public‑private partnership investments shall include, but are not limited to, all of the following: (a) Capital asset improvements including buildings, land, or structures. (b) Energy resource exploration, extraction, generation, and sales. (c) Financial and investment incentive opportunities. (d) Infrastructure construction, maintenance, and operation. (e) Public‑private sector joint ventures that provide economic benefit to an area or to the state. (2) Public‑private investments shall not include projects, consultant expenses, staff effort, or any other activity related to the development, financing, construction, operation, or implementation of the Detroit River International Crossing or any successor project unless the project is approved by the legislature and signed into law. (3) The state budget director shall determine whether or not a specific public‑private partnership investment opportunity qualifies for funding under subsection (1). (4) Investment development revenue, including a portion of the proceeds from the sale of any public‑private partnership investment designated in subsection (1), shall be deposited into the fund created in subsection (1) and shall be available for administration, development, financing, marketing, and operating expenditures associated with public‑private partnerships, unless otherwise provided by law. Public‑private partnership investments authorized in subsection (1) are authorized for public or private operation or sale consistent with state law. Expenditures from the fund are authorized for investment purposes as designated in subsection (1) to enhance the marketable value of each investment. The unencumbered balance remaining in the fund at the end of the fiscal year may be carried forward for appropriation in future years. (5) An annual report shall be transmitted to the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the state budget office not later than December 31 of each year. This report shall detail both of the following: (a) The revenue and expenditure activity in the fund for the preceding fiscal year. (b) Public‑private partnership investments as identified under subsection (1). (6) MDTMB shall monitor the revenue deposited in the public‑private partnership investment fund created in subsec­ tion (1). If the revenue in the fund is insufficient to pay the amount appropriated in part 1 for public‑private partnership investment, then MDTMB shall propose a legislative transfer to fund the line from the appropriations in part 1. Sec. 822c. The funds appropriated in part 1 shall not be used to support any staff effort, projects, consultant expenses, or any other activity related to the development, financing, construction, operation, or implementation of the Detroit River International Crossing or any successor project unless the project is approved by the legislature and signed into law. Sec. 822d. By December 31, the department shall provide a report to the senate and house appropriations subcommittees on general government and the senate and house fiscal agencies that identifies fee and rate schedules to be used by state departments and agencies for services, including information technology, provided by the department during fiscal year 2016‑2017. The report shall also identify changes from fees and rates charged in fiscal year 2015‑2016 and include an explanation of the factors that justify each fee and rate increase. Sec. 822e. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2017 are $78,962,000.00. From this amount, total agency appropriations for pension‑related legacy costs are estimated at $43,795,600.00. Total agency appropriations for retiree health care legacy costs are estimated at $35,166,400.00. Sec. 822f. (1) The funds appropriated in part 1 for the regional prosperity initiative are to be used as competitive grants to eligible regional planning organizations qualifying for funding as a regional prosperity collaborative, a regional prosperity council, or a regional prosperity board. A regional planning organization may not qualify for funding under more than 1 category in the same state fiscal year. As used in this section: (a) “Eligible regional planning organization” means any of the following: (i) An existing regional planning commission created pursuant to 1945 PA 281, MCL 125.11 to 125.25. (ii) An existing regional economic development commission created pursuant to 1966 PA 46, MCL 125.1231 to 125.1237. (iii) An existing metropolitan area council formed pursuant to the metropolitan councils act, 1989 PA 292, MCL 124.651 to 124.729. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1181 (iv) A Michigan metropolitan planning organization established pursuant to the moving ahead for progress in the 21st century act, Public Law 112‑141. (b) “Freedom of information act” means the freedom of information act, 5 USC 552. (c) “Open meetings act” means the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. (d) “Regional prosperity board” means a regional body that has a singular governing board with representation from private, public, and nonprofit entities engaged in joint decision‑making practices for the purpose of creating or maintaining a phase three: regional prosperity plan. (e) “Regional prosperity collaborative” means any committee developed by a regional planning organization or a metropolitan planning organization that serves to bring organizational representation together from private, public, and nonprofit entities within a region for the purpose of creating or maintaining a phase one: regional prosperity plan. (f) “Regional prosperity council” means a regional body with representation from private, public, and nonprofit entities with shared administrative services and an executive governing entity, as demonstrated by a formal local agreement or agreements for the purpose of creating or maintaining a phase two: regional prosperity plan. (2) Regional planning organizations may qualify to receive not more than $250,000.00 of incentive‑based funding as a regional prosperity collaborative subject to meeting all of the following requirements: (a) The regional prosperity collaborative has created a phase one: regional prosperity plan, as follows: (i) The regional prosperity collaborative must include regional representatives from adult education, workforce development, community development, economic development, transportation, and higher education organizations. (ii) The plan is required, at a minimum, to include a 5‑year plan focused on economic growth and vitality for the region, as well as a performance dashboard and measurable annual goals to support the 5‑year plan. (iii) The 5‑year plan shall address regional strategies related to adult education, workforce development, economic development, transportation, higher education, and business development. (iv) The regional prosperity collaborative shall adopt the plan by a minimum 2/3 majority vote of its members. (b) The regional prosperity collaborative adheres to accountability and transparency measures required in the open meetings act and the freedom of information act. (c) The regional prosperity collaborative convenes monthly meetings, open to the public, to consider and discuss issues leading to a common vision of economic prosperity for the region, including, but not limited to, community development, economic development, talent, and infrastructure opportunities. (d) The regional prosperity collaborative makes available on the grant recipient’s publicly accessible Internet site pertinent documents, including, but not limited to, monthly meeting agendas, minutes of monthly meetings, voting records, and the regional prosperity plan and performance dashboard. (e) The regional prosperity collaborative keeps a status report detailing the spending associated with previous regional prosperity initiative grants. Organizations that have successfully received grant awards in previous fiscal years shall be required to make available to the department and on a publicly accessible Internet site information regarding the use of those grant dollars. (3) Regional planning organizations eligible to receive a payment as a regional prosperity collaborative under subsection (2) may qualify to receive a 1‑time grant of not more than $75,000.00 to produce a plan to transform the regional prosperity collaborative into a regional prosperity council or regional prosperity board, including necessary local formal agreements, to make recommendations that eliminate duplicative efforts and administrative functions, and to leverage resources through cooperation, collaboration, and consolidations of organizations or programs throughout the region. Plans produced to transform the regional prosperity collaborative into a regional prosperity council or regional prosperity board shall be made available on the grant recipient’s publicly accessible Internet site. (4) Regional planning organizations may qualify to receive not more than $375,000.00 of incentive‑based funding as a regional prosperity council subject to meeting all of the following requirements: (a) A regional prosperity council has been formed and includes regional representatives from adult education, workforce development, community development, economic development, transportation, and higher education organizations. (b) An eligible regional prosperity council will demonstrate shared administrative services between 2 public regional entities included in subdivision (a). In addition, the council must have and maintain an executive governing entity, as demonstrated by a formal local agreement or agreements. (c) The regional prosperity council has created a phase two: regional prosperity plan, as follows: (i) The regional prosperity council shall identify opportunities for shared administrative services and decision‑making among the private, public, and nonprofit entities within the region and shall continue collaboration with regional prosperity council members, including, but not limited to, representatives from adult education providers, workforce development agencies, community development agencies, economic development agencies, transportation service providers, and higher education institutions. (ii) The plan is required to include, but is not limited to, all of the following: (A) A status report of the approved 5‑year plan. (B) The addition of a 10‑year plan for the region which builds upon prior work and is focused on economic growth and vitality in the region. 1182 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (C) A prioritized list of regional projects. (D) A performance dashboard with measurable annual goals. (iii) The regional prosperity council shall adopt the plan by a minimum 2/3 vote of its members. (d) The regional prosperity council adheres to accountability and transparency measures required in the open meetings act and the freedom of information act. (e) The regional prosperity council convenes monthly meetings, open to the public, to consider and discuss issues leading to a common vision of economic prosperity for the region, including, but not limited to, community development, economic development, talent, and infrastructure opportunities. (f) The regional prosperity council makes available on the grant recipient’s publicly accessible Internet site pertinent documents, including, but not limited to, monthly meeting agendas, minutes of monthly meetings, voting records, and the regional prosperity plan and performance dashboard. (g) The regional prosperity council keeps a status report detailing the spending associated with previous regional prosperity initiative grants. Organizations that have successfully received grant awards in previous fiscal years shall be required to make available to the department and on a publicly accessible Internet site information regarding the use of those grant dollars. (5) Regional planning organizations eligible to receive a payment as a regional prosperity council under subsection (4) may qualify to receive a 1‑time grant of not more than $75,000.00 to produce a plan to transform the regional prosperity council into a regional prosperity board, including a singular private/public governance structure that comports with federal guidelines for governance under the workforce investment act, Public Law 105‑220, the moving ahead for progress in the 21st century act, Public Law 112‑141, the economic development administration and Appalachian regional development reform act of 1998, Public Law 105‑393, and recommendations to eliminate duplicative efforts, administrative functions, and leverage resources through cooperation, collaboration, and consolidations of organizations or programs throughout the region. (6) Regional planning organizations may qualify to receive not more than $500,000.00 of incentive‑based funding as a regional prosperity board subject to meeting all of the following requirements: (a) The regional prosperity board has been formed and, at a minimum, must demonstrate the consolidation of a regional metropolitan planning organization, where one exists, state designated regional planning agency boards, workforce development boards, and federally designated regional economic development districts within a region. (b) The regional prosperity board has created a phase three: regional prosperity plan, as follows: (i) The regional prosperity board shall create a regional services recommendations report prioritizing the list of state‑funded services and programs provided to the region, and recommendations for state‑regional partnerships to support the adopted regional prosperity plan. (ii) The plan is required to include a status report of the approved 10‑year plan for the creation of an updated regional prosperity plan. (iii) The regional prosperity board shall adopt the plan by a minimum 2/3 vote of its members. (c) The regional prosperity board adheres to accountability and transparency measures required in the open meetings act and the freedom of information act. (d) The regional prosperity board convenes monthly meetings, open to the public, to consider and discuss issues leading to a common vision of economic prosperity for the region, including, but not limited to, community development, economic development, talent, and infrastructure opportunities. (e) The regional prosperity board makes available on the grant recipient’s publicly accessible Internet site pertinent documents, including, but not limited to, monthly meeting agendas, minutes of monthly meetings, voting records, and the regional prosperity plan and performance dashboard. (7) Regional planning organizations eligible to receive a payment as a regional prosperity board under subsection (6) may qualify to receive not more than $125,000.00, to implement the prioritized regional prosperity plan projects. (8) Regional planning organizations eligible to receive a payment as a regional prosperity collaborative, board, or council may partner with other eligible regional planning organizations to submit joint applications. In the instance of a joint application, 1 regional planning organization shall be utilized as the overall applicant. The department may award a joint application award of no greater than the sum of potential application dollars which would have otherwise been available through individual applications. (9) The department shall develop an application process and method of grant distribution for the regional prosperity initiative. Funding applications from regional planning organizations shall be due to the department by December 1, 2016. The department shall notify regional planning organizations of grant application status by January 1, 2017. The department shall ensure that processes are established to verify that qualifying regional planning organizations meet the requirements under subsections (2), (3), (4), (5), (6), and (7), as applicable. (10) Unexpended funds appropriated in part 1 for the regional prosperity initiative are designated as work project appropriations, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditure for regional prosperity initiative projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the projects is to provide incentive‑based grants to recipients under this section. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1183 (b) The projects will be accomplished by grants to qualified regional planning organizations. (c) The total estimated cost of all projects is $2,500,000.00. (d) The estimated completion date is September 30, 2021. Sec. 822g. The department of technology, management, and budget shall report by April 1 to the senate and house appropriations subcommittees on general government and the senate and house fiscal agencies on legal service fund expenditures. The report shall itemize expenditures by case, purpose, and department involved. Sec. 822h. (1) The department of technology, management, and budget shall report by April 15 to the senate and house appropriations subcommittees on general government and the senate and house fiscal agencies on the expenditures for the office of urban initiatives. The report shall provide information detailing the economic impact and job growth initiatives for each urban and metropolitan area receiving funds under part 1. The report shall also provide information detailing the initiatives undertaken in each urban or metropolitan area receiving funds under part 1, including, but not limited to, all of the following: (a) Transportation and infrastructure. (b) Public services. (c) Land use and sustainability. (d) Housing. (e) Workforce and economic development. (2) Any unencumbered and unexpended funds appropriated to the office of urban initiatives in the previous fiscal year shall lapse to the general fund on October 1. Sec. 822i. (1) From the funds appropriated in part 1, the department shall assure all of the following: (a) That public schools that are placed in the state school reform/redesign school district or under a chief executive officer under section 1280c of the revised school code, 1976 PA 451, MCL 380.1280c, remain in compliance with all applicable state and federal law concerning special education. (b) That students at public schools described in subdivision (a) with individualized education programs are afforded special education services in accordance with applicable state and federal law concerning special education. (2) The department shall report to the legislature on the number of students in public schools described in subsec­ tion (1)(a) who have an individualized education program and the performance results of those students after the change in governance of the public school. Sec. 822j. From the funds appropriated in part 1 for the office of good government, the department of technology, management, and budget shall expand the scope of the office of good government. The purpose of this program expansion is to broaden the office’s support of transformative good government initiatives related to employee engagement and process improvement. Sec. 822k. The department shall work with the department of health and human services to conduct an evaluation of all state‑owned lands and buildings at the Hawthorn center psychiatric hospital facility for children and adolescents and develop a recommendation for the future use of the facility considering the needs of the department of health and human services, its patients, and the overall infrastructure plans of state government. A copy of the evaluation shall be delivered to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget director by March 1. Sec. 822l. From the funds appropriated in part 1 for the school reform office, the school reform office shall conduct 1 public hearing in the school district of priority schools that the school reform office has determined require an intervention authorized by section 1280c(6) or (7) of the revised school code, 1976 PA 451, MCL 380.1280c. The school reform office shall give notice to the district prior to the public hearing. The public hearing shall include an outline of the plan for academic improvement of the schools and a projected time frame of the school reform office’s involvement with the schools. Sec. 822m. From the funds appropriated in part 1, the department shall establish a system that collaborates with other departments to keep track of the performance of vendors in fulfilling contract obligations. The performance of these vendors shall be recorded and used as a factor to determine future contracts awarded in the procurement process. Sec. 822n. From the funds appropriated in part 1, beginning on October 1, the department of technology, management, and budget shall ensure that all new requests for proposals that are publicly displayed on the webpage include the proposal’s corresponding department and agency for the purpose of searching for requests for proposals by department and agency. Sec. 822o. From the funds appropriated in part 1 for the school reform office, the school reform office shall make an effort to coordinate with the department of education to streamline state services and resources, reduce duplication, and increase efficiency. INFORMATION TECHNOLOGY Sec. 823. (1) The department of technology, management, and budget may sell and accept paid advertising for placement on any state website under its jurisdiction. The department shall review and approve the content of each advertisement. The department may refuse to accept advertising from any person or organization or require modification to advertisements based upon criteria determined by the department. Revenue received under this subsection shall be 1184 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 used for operating costs of the department and for future technology enhancements to state of Michigan e‑government initiatives. Funds received under this subsection shall be limited to $250,000.00. Any funds in excess of $250,000.00 shall be deposited in the state general fund. (2) The department of technology, management, and budget may accept gifts, donations, contributions, bequests, and grants of money from any public or private source to assist with the underwriting or sponsorship of state webpages or services offered on those webpages. A private or public funding source may receive recognition in the webpage. The department of technology, management, and budget may reject any gift, donation, contribution, bequest, or grant. (3) Funds accepted by the department of technology, management, and budget under subsection (1) or (2) are appropriated and allotted when received and may be expended upon approval of the state budget director. The state budget office shall notify the senate and house of representatives standing committees on appropriations subcommittees on general government and the senate and house fiscal agencies within 10 days after the approval is given. Sec. 824. The department of technology, management, and budget may enter into agreements to supply spatial information and technical services to other principal executive departments, state agencies, local units of government, and other organizations. The department of technology, management, and budget may receive and expend funds in addition to those authorized in part 1 for providing information and technical services, publications, maps, and other products. The department of technology, management, and budget may expend amounts received for salaries, supplies, and equipment necessary to provide informational products and technical services. Prior to December 1 of each year, the department shall provide a report to the senate and house of representatives standing committees on appropriations subcommittees on general government and the state budget director detailing the sources of funding and expenditures made under this section. Sec. 825. The legislature shall have access to all historical and current data contained within MAIN pertaining to state departments. State departments shall have access to all historical and current data contained within MAIN. Sec. 826. When used in this part and part 1, “information technology services” means services involving all aspects of managing and processing information, including, but not limited to, all of the following: (a) Application and mobile development and maintenance. (b) Desktop computer support and management. (c) Cyber security. (d) Social media. (e) Mainframe computer support and management. (f) Server support and management. (g) Local area network support and management, including, but not limited to, wired and wireless network build‑out, support, and management. (h) Information technology project management. (i) Information technology planning and budget management. (j) Telecommunication services, infrastructure, and support. Sec. 827. (1) Funds appropriated in part 1 for the Michigan public safety communications system shall be expended upon approval of an expenditure plan by the state budget director. (2) The department of technology, management, and budget shall assess all subscribers of the Michigan public safety communications system reasonable access and maintenance fees and deposit the fees in the Michigan public safety communications systems fees fund. (3) All money received by the department of technology, management, and budget under this section shall be expended for the support and maintenance of the Michigan public safety communications system. (4) The department of technology, management, and budget shall provide a report to the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the state budget director on April 15, indicating the amount of revenue collected under this section and expended for support and maintenance of the Michigan public safety communications system for the immediately preceding 6‑month period. Any deposits made under this section and unencumbered funds are restricted revenues and shall be carried forward into succeeding fiscal years. Sec. 828. The department of technology, management, and budget shall submit a report for the immediately preceding fiscal year ending September 30 to the senate and house of representatives standing committees on appropriations subcommittees on general government and the senate and house fiscal agencies by March 1. The report shall include the following: (a) The total amount of funding appropriated for information technology services and projects, by funding source, for all principal executive departments and agencies. (b) A listing of the expenditures made from the amounts received by the department of technology, management, and budget as reported in subdivision (a). Sec. 829. The department of technology, management, and budget shall provide a report that analyzes and makes recommendations on the life‑cycle of information technology hardware and software. The report shall be submitted to the senate and house of representatives standing committees on appropriations subcommittees on general government and the senate and house fiscal agencies by March 1. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1185 Sec. 830. By December 31, the department shall provide a report that lists all information technology‑related change orders and follow‑on contracts, greater than $50,000.00, whether they are bid, exercise options, or no‑bid, and the amount of each change order or contract extension contract entered into by the department to the senate and house of representatives standing committees on appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget director. Sec. 831. (1) The information, communications, and technology innovation fund, established pursuant to 2011 PA 63, 2012 PA 200, and 2013 PA 59, shall be administered by the department of technology, management, and budget for the purpose of providing a revolving, self‑sustaining resource for financing information, communications, and technology innovation projects. From the funds appropriated to the information, communications, and technology innovation fund by 2011 PA 63, 2012 PA 200, and 2013 PA 59, or received by the information, communications, and technology innovation fund under subsections (2) and (3), the department of technology, management, and budget may issue loans to state agencies, local units of government, colleges and universities in this state, school districts, other public entities that provide public sector services, and nonprofit organizations that provide public sector services, as determined by the department of technology, management, and budget in support of information, communications, and technology innovation projects. (2) In addition to funds appropriated by 2011 PA 63, 2012 PA 200, and 2013 PA 59, the information, communications, and technology innovation fund may accept contributions, gifts, bequests, devises, grants, and donations. (3) In addition to the funds appropriated by 2011 PA 63, 2012 PA 200, and 2013 PA 59, money received by the department of technology, management, and budget as repayment of information, communications, and technology innovation project loans, or other reimbursement or revenue received by the department of technology, management, and budget as a result of information, communications, and technology innovation project loans, interest earned on that money, or subsection (2) revenue, shall be deposited in the information, communications, and technology innovation fund and is appropriated for information, communications, and technology innovation fund projects described in subsection (1). At the close of the fiscal year, any unencumbered funds remaining in the information, communications, and technology innovation fund shall remain in the fund and be carried forward into the succeeding fiscal year. (4) This section is not effective if legislation is enacted that creates and provides for the administration and use of the information, communications, and technology innovation fund. Sec. 832. (1) The department of technology, management, and budget shall inform the senate and house appropriations subcommittees on general government and the senate and house fiscal agencies within 30 days of any potential or actual penalties assessed by the federal government for failure of the Michigan child support enforcement system to achieve certification by the federal government. (2) If potential penalties are assessed by the federal government, the department of technology, management, and budget shall submit a report to the senate and house appropriations subcommittees on general government and the senate and house fiscal agencies within 90 days specifying the department’s plans to avoid actual penalties and ensure federal certification of the Michigan child support enforcement system. Sec. 833. (1) The state budget director, upon notification to the senate and house of representatives standing committees on appropriations, may adjust spending authorization and user fees in the department of technology, management, and budget in order to ensure that the appropriations for information technology in the department budget equal the appropriations for information technology in the budgets for all executive branch agencies. (2) If during the course of the fiscal year a transfer or supplemental to or from the information technology line item within an agency budget is made under section 393 of the management and budget act, 1984 PA 431, MCL 18.1393, there is appropriated an equal amount of user fees in the department of technology, management, and budget budget to accommodate an increase or decrease in spending authorization. Sec. 834. (1) Revenue collected from licenses issued under the antenna site management project shall be deposited into the antenna site management revolving fund created for this purpose in the department of technology, management, and budget. The department may receive and expend money from the fund for costs associated with the antenna site management project, including the cost of a third‑party site manager. Any excess revenue remaining in the fund at the close of the fiscal year shall be proportionately transferred to the appropriate state restricted funds as designated in statute or by constitution. (2) An antenna shall not be placed on any site pursuant to this section without complying with the respective local zoning codes and local unit of government processes. Sec. 835. In addition to the funds appropriated in part 1, the funds collected by the department for supplying census‑related information and technical services, publications, statistical studies, population projections and estimates, and other demographic products are appropriated for all expenses necessary to provide the required services. These funds are available for expenditure when they are received and may be carried forward into the next succeeding fiscal year. Sec. 836. From the increased funds appropriated in part 1 for the information technology investment fund, the department of technology, management, and budget shall provide for the modernization of state information technology systems, and integrate state system interfaces to improve customer service. 1186 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Sec. 837. From the funds appropriated in part 1 for cyber security improvements, the department shall increase cyber security information technology investment projects in the current fiscal year. The purpose of this program expansion will be to provide cyber security enhancements for network security improvements, development of a comprehensive security framework and asset security program, implementation of an enterprise‑wide data loss prevention process and governance, risk and compliance program, and development of security dashboards and security reporting processes. Sec. 838. From the increased funds appropriated in part 1 for enterprise identity management, the department shall expand the enterprise identity management program in the current fiscal year. The purpose of this program expansion is to provide an enterprise‑wide single sign‑on and identity management tool to establish, manage, and authenticate user identities for state information technology systems. Sec. 839. From the funds appropriated in part 1 for office of retirement services ongoing support of technology, the department shall expand the office of retirement services’ information technology capability in the current fiscal year. The purpose of this new program or program expansion is to provide a 90% customer contact satisfaction level. STATE BUILDING AUTHORITY RENT Sec. 842. (1) The state building authority rent appropriations in part 1 may also be expended for the payment of required premiums for insurance on facilities owned by the state building authority or payment of costs that may be incurred as the result of any deductible provisions in such insurance policies. (2) If the amount appropriated in part 1 for state building authority rent is not sufficient to pay the rent obligations and insurance premiums and deductibles identified in subsection (1) for state building authority projects, there is appropriated from the general fund of the state the amount necessary to pay such obligations. CIVIL SERVICE COMMISSION Sec. 850. (1) In accordance with section 5 of article XI of the state constitution of 1963, all restricted funds shall be assessed a sum not less than 1% of the total aggregate payroll paid from those funds for financing the civil service commission on the basis of actual 1% restricted sources total aggregate payroll of the classified service for the preceding fiscal year. This includes, but is not limited to, restricted funds appropriated in part 1 of any appropriations act. Unexpended 1% appropriated funds shall be returned to each 1% fund source at the end of the fiscal year. (2) The appropriations in part 1 are estimates of actual charges based on payroll appropriations. With the approval of the state budget director, the commission is authorized to adjust financing sources for civil service charges based on actual payroll expenditures, provided that such adjustments do not increase the total appropriation for the civil service commission. (3) The financing from restricted sources shall be credited to the civil service commission by the end of the second fiscal quarter. Sec. 851. Except where specifically appropriated for this purpose, financing from restricted sources shall be credited to the civil service commission. For restricted sources of funding within the general fund that have the legislative authority for carryover, if current spending authorization or revenues are insufficient to accept the charge, the shortage shall be taken from carryforward balances of that funding source. Restricted revenue sources that do not have carryforward authority shall be utilized to satisfy commission operating deducts first and civil service obligations second. General fund dollars are appropriated for any shortfall, pursuant to approval by the state budget director. Sec. 852. The appropriation in part 1 to the civil service commission, for state‑sponsored group insurance, flexible spending accounts, and COBRA, represents amounts, in part, included within the various appropriations throughout state government for the current fiscal year to fund the flexible spending account program included within the civil service commission. Deposits against state‑sponsored group insurance, flexible spending accounts, and COBRA for the flexible spending account program shall be made from assessments levied during the current fiscal year in a manner prescribed by the civil service commission. Unspent employee contributions to the flexible spending accounts may be used to offset administrative costs for the flexible spending account program, with any remaining balance of unspent employee contributions to be lapsed to the general fund. CAPITAL OUTLAY Sec. 860. As used in sections 861 through 867: (a) “Board” means the state administrative board. (b) “Community college” means a community college organized under the community college act of 1966, 1966 PA 331, MCL 389.1 to 389.195, or under part 25 of the revised school code, 1976 PA 451, MCL 380.1601 to 380.1607, and does not include a state agency or university. (c) “Department” means the department of technology, management, and budget. (d) “Director” means the director of the department of technology, management, and budget. (e) “Fiscal agencies” means the senate fiscal agency and the house fiscal agency. (f) “State agency” means an agency of state government. State agency does not include a community college or university. (g) “State building authority” means the authority created under 1964 PA 183, MCL 830.411 to 830.425. (h) “University” means a 4‑year university supported by the state. University does not include a community college or a state agency. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1187 Sec. 861. Each capital outlay project authorized in this part and part 1 or any previous capital outlay act shall comply with the procedures required by the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. Sec. 862. (1) The department shall provide the JCOS, state budget director, and the senate and house fiscal agencies with reports as considered necessary relative to the status of each planning or construction project financed by the state building authority, by this part and part 1, or by previous acts. (2) Before the end of each fiscal year, the department shall report to the JCOS, state budget director, and the senate and house fiscal agencies for each capital outlay project other than lump sums all of the following: (a) The account number and name of each construction project. (b) The balance remaining in each account. (c) The date of the last expenditure from the account. (d) The anticipated date of occupancy if the project is under construction. (e) The appropriations history for the project. (f) The professional service contractor. (g) The amount of the project financed with federal funds. (h) The amount of the project financed through the state building authority. (i) The total authorized cost for the project and the state authorized share if different than the total. (3) Before the end of each fiscal year, the department shall report the following for each project by a state agency, university, or community college that is authorized for planning but is not yet authorized for construction: (a) The name of the project and account number. (b) Whether a program statement is approved. (c) Whether schematics are approved by the department. (d) Whether preliminary plans are approved by the department. (e) The name of the professional service contractor. (4) As used in this section, “project” includes appropriation line items made for purchase of real estate. Sec. 864. The appropriations in part 1 for capital outlay shall be carried forward at the end of the fiscal year consistent with the provisions of section 248 of the management and budget act, 1984 PA 431, MCL 18.1248. Sec. 865. (1) A site preparation economic development fund is created in the department. As used in this section, “economic development sites” means those state‑owned sites declared as surplus property pursuant to section 251 of the management and budget act, 1984 PA 431, MCL 18.1251, that would provide economic benefit to the area or to the state. The Michigan economic development corporation board and the state budget director shall determine whether or not a specific state‑owned site qualifies for inclusion in the fund created under this subsection. (2) Proceeds from the sale of any sites designated in subsection (1) shall be deposited into the fund created in subsection (1) and shall be available for site preparation expenditures, unless otherwise provided by law. The economic development sites authorized in subsection (1) are authorized for sale consistent with state law. Expenditures from the fund are authorized for site preparation activities that enhance the marketable sale value of the sites. Site preparation activities include, but are not limited to, demolition, environmental studies and abatement, utility enhancement, and site excavation. (3) A cash advance in an amount of not more than $25,000,000.00 is authorized from the general fund to the site preparation economic development fund. (4) An annual report shall be transmitted to the senate and house of representatives standing committees on appropriations not later than December 31 of each year. This report shall detail both of the following: (a) The revenue and expenditure activity in the fund for the preceding fiscal year. (b) The sites identified as economic development sites under subsection (1). Sec. 867. Proceeds from the sale of the Farnum Building shall be subsequently appropriated to the department in accordance with any legislation enacted that authorizes the sale of that property. If the net proceeds from the sale of the Farnum Building are less than the $7,000,000.00 authorized for senate relocation costs in section 896 of article VIII of 2014 PA 252, an amount equal to the difference between the net sale proceeds and $7,000,000.00 shall be appropriated by the legislature to the department. CAPITAL OUTLAY ‑ UNIVERSITIES AND COMMUNITY COLLEGES Sec. 873. (1) This section applies only to projects for community colleges. (2) State support is directed towards the remodeling and additions, special maintenance, or construction of certain community college buildings. The community college shall obtain or provide for site acquisition and initial main utility installation to operate the facility. Funding shall be composed of local and state shares and not more than 50% of a capital outlay project, not including a lump‑sum special maintenance project or remodeling and addition project, for a community college shall be appropriated from state and federal funds, unless otherwise appropriated by the legislature. (3) An expenditure under this part and part 1 is authorized when the release of the appropriation is approved by the board upon the recommendation of the director. The director may recommend to the board the release of any appropriation in part 1 only after the director is assured that the legal entity operating the community college to which the appropriation is made has complied with this part and part 1 and has matched the amounts appropriated as required 1188 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 by this part and part 1. A release of funds in part 1 shall not exceed 50% of the total cost of planning and construction of any project, not including lump‑sum remodeling and additions and special maintenance, unless otherwise appropriated by the legislature. Further planning and construction of a project authorized by this part and part 1 or applicable sections of the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, shall be in accordance with the purpose and scope as defined and delineated in the approved program statements and planning documents. This part and part 1 are applicable to all projects for which planning appropriations were made in previous acts. (4) The community college shall take the steps necessary to secure available federal construction and equipment money for projects funded for construction in this part and part 1 if an application was not previously made. If there is a reasonable expectation that a prior year unfunded application may receive federal money in a subsequent year, the college shall take whatever action necessary to keep the application active. Sec. 874. If university and community college matching revenues are received in an amount less than the appropriations for capital projects contained in this part and part 1, the state funds shall be reduced in proportion to the amount of matching revenue received. Sec. 875. (1) The director may require that community colleges and universities that have an authorized project listed in part 1 submit documentation regarding the project match and governing board approval of the authorized project not more than 60 days after the beginning of the fiscal year. (2) If the documentation required by the director under subsection (1) is not submitted, or does not adequately authenticate the availability of the project match or board approval of the authorized project, the authorization may terminate. The authorization terminates 30 days after the director notifies the JCOS of the intent to terminate the project unless the JCOS convenes to extend the authorization. DEPARTMENT OF TREASURY OPERATIONS Sec. 901. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $200,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $40,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 902. (1) Amounts needed to pay for interest, fees, principal, mandatory and optional redemptions, arbitrage rebates as required by federal law, and costs associated with the payment, registration, trustee services, credit enhancements, and issuing costs in excess of the amount appropriated to the department of treasury in part 1 for debt service on notes and bonds that are issued by the state under sections 14, 15, and 16 of article IX of the state constitution of 1963 as implemented by 1967 PA 266, MCL 17.451 to 17.455, are appropriated. (2) In addition to the amount appropriated to the department of treasury for debt service in part 1, there is appropriated an amount for fiscal year cash‑flow borrowing costs to pay for interest on interfund borrowing made under 1967 PA 55, MCL 12.51 to 12.53. (3) In addition to the amount appropriated to the department of treasury for debt service in part 1, there is appropriated all repayments received by the state on loans made from the school bond loan fund not required to be deposited in the school loan revolving fund by or pursuant to section 4 of 1961 PA 112, MCL 388.984, to the extent determined by the state treasurer, for the payment of debt service, including, without limitation, optional and mandatory redemptions, on bonds, notes or commercial paper issued by the state pursuant to 1961 PA 112, MCL 388.981 to 388.985. Sec. 902a. The department of treasury shall notify the senate and house of representatives standing committees on appropriations, the senate and house fiscal agencies, and the state budget office not more than 30 days after a refunding or restructuring bond issue is sold. The notification shall compare the annual debt service prior to the refinancing or restructuring, the annual debt service after the refinancing or restructuring, the change in the principal and interest over the duration of the debt, and the projected change in the present value of the debt service due to the refinancing and restructuring. Sec. 903. (1) From the funds appropriated in part 1, the department of treasury may contract with private collection agencies and law firms to collect taxes and other accounts due this state. In addition to the amounts appropriated in part 1 to the department of treasury, there are appropriated amounts necessary to fund collection costs and fees not to exceed 25% of the collections or 2.5% plus operating costs, whichever amount is prescribed by each contract. The appropriation to fund collection costs and fees for the collection of taxes or other accounts due this state are from the fund or account to which the revenues being collected are recorded or dedicated. However, if the taxes collected are constitutionally No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1189 dedicated for a specific purpose, the appropriation of collection costs and fees are from the general purpose account of the general fund. (2) From the funds appropriated in part 1, the department of treasury may contract with private collections agencies and law firms to collect defaulted student loans and other accounts due the Michigan guaranty agency. In addition to the amounts appropriated in part 1 to the department of treasury, there are appropriated amounts necessary to fund collection costs and fees not to exceed 24.34% of the collection or a lesser amount as prescribed by the contract. The appropriation to fund collection costs and fees for the auditing and collection of defaulted student loans due the Michigan guaranty agency is from the fund or account to which the revenues being collected are recorded or dedicated. (3) The department of treasury shall submit a report for the immediately preceding fiscal year ending September 30 to the state budget director and the senate and house of representatives standing committees on appropriations not later than November 30 stating the agencies or law firms employed, the amount of collections for each, the costs of collection, and other pertinent information relating to determining whether this authority should be continued. Sec. 904. (1) The department of treasury, through its bureau of investments, may charge an investment service fee against the applicable retirement funds. The fees may be expended for necessary salaries, wages, contractual services, supplies, materials, equipment, travel, worker’s compensation insurance premiums, and grants to the civil service commission and state employees’ retirement funds. Service fees shall not exceed the aggregate amount appropriated in part 1. The department of treasury shall maintain accounting records in sufficient detail to enable the retirement funds to be reimbursed periodically for fee revenue that is determined by the department of treasury to be surplus. (2) In addition to the funds appropriated in part 1 from the retirement funds to the department of treasury, there is appropriated from retirement funds an amount sufficient to pay for the services of money managers, investment advisors, investment consultants, custodians, and other outside professionals, the state treasurer considers necessary to prudently manage the retirement funds’ investment portfolios. The state treasurer shall report annually to the senate and house of representatives standing committees on appropriations and the state budget office concerning the performance of each portfolio by investment advisor. Sec. 904a. (1) There is appropriated an amount sufficient to recognize and pay expenditures for financial services provided by financial institutions as provided under section 1 of 1861 PA 111, MCL 21.181. (2) The appropriations under subsection (1) shall be funded by restricting revenues from common cash interest earnings and investment earnings in an amount sufficient to record these expenditures. If the amounts of common cash interest earnings are insufficient to cover these costs, then miscellaneous revenues shall be used to fund the remaining balance of these expenditures. Sec. 905. A revolving fund known as the municipal finance fee fund is created in the department of treasury. Fees are established under the revised municipal finance act, 2001 PA 34, MCL 141.2101 to 141.2821, and the fees collected shall be credited to the municipal finance fee fund and may be carried forward for future appropriation. Sec. 906. (1) The department of treasury shall charge for audits as permitted by state or federal law or under contractual arrangements with local units of government, other principal executive departments, or state agencies. However, the charge shall not be more than the actual cost for performing the audit. A report detailing audits performed and audit charges for the immediately preceding fiscal year shall be submitted to the state budget director and the senate and house fiscal agencies not later than November 30. (2) A revolving fund known as the audit charges fund is created in the department of treasury. The contractual charges collected shall be credited to the audit charges fund and may be carried forward for future appropriation. Sec. 907. A revolving fund known as the assessor certification and training fund is created in the department of treasury. The assessor certification and training fund shall be used to organize and operate a property assessor certification and training program. Each participant certified and trained shall pay to the department of treasury examination fees not to exceed $50.00 per examination and certification fees not to exceed $175.00. Training courses shall be offered in assessment administration. Each participant shall pay a fee to cover the expenses incurred in offering the optional programs to certified assessing personnel and other individuals interested in an assessment career opportunity. The fees collected shall be credited to the assessor certification and training fund. Sec. 908. The amount appropriated in part 1 to the department of treasury, home heating assistance program, is to cover the costs, including data processing, of administering federal home heating credits to eligible claimants and to administer the supplemental fuel cost payment program for eligible tax credit and welfare recipients. Sec. 909. Revenue from the airport parking tax act, 1987 PA 248, MCL 207.371 to 207.383, is appropriated and shall be distributed under section 7a of the airport parking tax act, 1987 PA 248, MCL 207.377a. Sec. 910. The disbursement by the department of treasury from the bottle deposit fund to dealers as required by section 3c(2) of 1976 IL 1, MCL 445.573c, is appropriated. Sec. 911. (1) There is appropriated an amount sufficient to recognize and pay refundable income tax credits as provided by the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. (2) The appropriations under subsection (1) shall be funded by restricting income tax revenue in an amount sufficient to record these expenditures. 1190 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Sec. 912. A plaintiff in a garnishment action involving this state shall pay to the state treasurer 1 of the following: (a) A fee of $6.00 at the time a writ of garnishment of periodic payments is served upon the state treasurer, as provided in section 4012 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4012. (b) A fee of $6.00 at the time any other writ of garnishment is served upon the state treasurer, except that the fee shall be reduced to $5.00 for each writ of garnishment for individual income tax refunds or credits filed by magnetic media. Sec. 913. (1) The department of treasury may contract with private firms to appraise and, if necessary, appeal the assessments of senior citizen cooperative housing units. Payment for this service shall be from savings resulting from the appraisal or appeal process. (2) Of the funds appropriated in part 1 to the department of treasury for the senior citizens’ cooperative housing tax exemption program, a portion may be utilized for a program audit of the program. The department of treasury shall forward copies of any audit report completed to the senate and house of representatives standing committees on appropriations subcommittees on general government and to the state budget office. The department of treasury may utilize up to 1% of the funds for program administration and auditing. Sec. 914. The department of treasury may provide a $200.00 annual prize from the Ehlers internship award account in the gifts, bequests, and deposit fund to the runner‑up of the Rosenthal prize for interns. The Ehlers internship award account is interest bearing. Sec. 915. Pursuant to section 61 of the Michigan campaign finance act, 1976 PA 388, MCL 169.261, there is appropriated from the general fund to the state campaign fund an amount equal to the amounts designated for tax year 2015. Except as otherwise provided in this section, the amount appropriated shall not revert to the general fund and shall remain in the state campaign fund. Any amounts remaining in the state campaign fund in excess of $10,000,000.00 on December 31 shall revert to the general fund. Sec. 916. The department of treasury may make available to interested entities otherwise unavailable customized unclaimed property listings of nonconfidential information in its possession. The charge for this information is as follows: 1 to 100,000 records at 2.5 cents per record and 100,001 or more records at .5 cents per record. The revenue received from this service shall be deposited to the appropriate revenue account or fund. The department shall submit an annual report on or before June 1 to the state budget director and the senate and house of representatives standing committees on appropriations that states the amount of revenue received from the sale of information. Sec. 917. (1) There is appropriated for write‑offs and advances an amount equal to total write‑offs and advances for departmental programs, but not to exceed current year authorizations that would otherwise lapse to the general fund. (2) The department of treasury shall submit a report for the immediately preceding fiscal year to the state budget director and the senate and house fiscal agencies not later than November 30 stating the amounts appropriated for write‑offs and advances under subsection (1). Sec. 919. (1) From funds appropriated in part 1, the department of treasury may contract with private auditing firms to audit for and collect unclaimed property due this state in accordance with the uniform unclaimed property act, 1995 PA 29, MCL 567.221 to 567.265. In addition to the amounts appropriated in part 1 to the department of treasury, there are appropriated amounts necessary to fund auditing and collection costs and fees not to exceed 12% of the collections, or a lesser amount as prescribed by the contract. The appropriation to fund collection costs and fees for the auditing and collection of unclaimed property due this state is from the fund or account to which the revenues being collected are recorded or dedicated. (2) The department of treasury shall submit a report for the immediately preceding fiscal year ending September 30 to the state budget director and the senate and house of representatives standing committees on appropriations not later than November 30 stating the auditing firms employed, the amount of collections for each, the costs of collection, and other pertinent information relating to determining whether this authority should be continued. Sec. 924. (1) In addition to the funds appropriated in part 1, the department of treasury may receive and expend principal residence audit fund revenue for administration of principal residence audits under the general property tax act, 1893 PA 206, MCL 211.1 to 211.155. (2) The department of treasury shall submit a report for the immediately preceding fiscal year to the state budget director and the senate and house fiscal agencies not later than December 31 stating the amount of exemptions denied and the revenue received under the program. Sec. 926. Unexpended appropriations of the John R. Justice grant program are designated as work project appropriations and shall not lapse at the end of the fiscal year and shall continue to be available for expenditure until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the project is to provide student loan forgiveness to qualified public defenders and prosecutors. (b) The project will be accomplished by utilizing state employees or contracts with private vendors, or both. (c) The total estimated cost of the project is $288,100.00. (d) The tentative completion date is September 30, 2017. Sec. 927. The department of treasury shall submit annual progress reports to the senate and house of representatives standing committees on appropriations subcommittees on general government and the senate and house fiscal agencies, No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1191 regarding personal property tax audits. The report shall include the number of audits, revenue generated, and number of complaints received by the department related to the audits. Sec. 928. The department of treasury may provide receipt, warrant and cash processing, data, collection, investment, fiscal agent, levy and warrant cost assessment, writ of garnishment, and other user services on a contractual basis for other principal executive departments and state agencies. Funds for the services provided are appropriated and shall be expended for salaries and wages, fees, supplies, and equipment necessary to provide the services. Any unobligated balance of the funds received shall revert to the general fund of this state as of September 30. Sec. 930. (1) The department of treasury shall provide accounts receivable collections services to other principal executive departments and state agencies under 1927 PA 375, MCL 14.131 to 14.134. The department of treasury shall deduct a fee equal to the cost of collections from all receipts except unrestricted general fund collections. Fees shall be credited to a restricted revenue account and appropriated to the department of treasury to pay for the cost of collections. The department of treasury shall maintain accounting records in sufficient detail to enable the respective accounts to be reimbursed periodically for fees deducted that are determined by the department of treasury to be surplus to the actual cost of collections. (2) The department of treasury shall submit a report for the immediately preceding fiscal year to the state budget director and the senate and house fiscal agencies not later than November 30 stating the principal executive departments and state agencies served, funds collected, and costs of collection under subsection (1). Sec. 931. (1) The appropriation in part 1 to the department of treasury for treasury fees shall be assessed against all restricted funds that receive common cash earnings or other investment income. Treasury fees include all costs, including administrative overhead, relating to the investment of each restricted fund. The fee assessed against each restricted fund will be based on the size of the restricted fund (the absolute value of the average daily cash balance plus the market value of investments in the prior fiscal year) and the level of effort necessary to maintain the restricted fund as required by each department. The department of treasury shall provide a report to the state budget director, the senate and house of representatives standing committees on appropriations subcommittees on general government, and the senate and house fiscal agencies by November 30 of each year identifying the fees assessed against each restricted fund and the methodology used for assessment. (2) In addition to the funds appropriated in part 1, the department of treasury may receive and expend investment fees relating to new restricted funding sources that participate in common cash earnings or other investment income during the current fiscal year. When a new restricted fund is created starting on or after October 1, that restricted fund shall be assessed a fee using the same criteria identified in subsection (1). Sec. 932. Revenue received under the Michigan education trust act, 1986 PA 316, MCL 390.1421 to 390.1442, may be expended by the board of directors of the Michigan education trust for necessary salaries, wages, supplies, contractual services, equipment, worker’s compensation insurance premiums, and grants to the civil service commission and state employees’ retirement fund. Sec. 934. (1) The department of treasury may expend revenues received under the hospital finance authority act, 1969 PA 38, MCL 331.31 to 331.84, the shared credit rating act, 1985 PA 227, MCL 141.1051 to 141.1076, the higher education facilities authority act, 1969 PA 295, MCL 390.921 to 390.934, the Michigan public educational facilities authority, Executive Reorganization Order No. 2002‑3, MCL 12.192, the Michigan tobacco settlement finance authority act, 2005 PA 226, MCL 129.261 to 129.279, the land bank fast track act, 2003 PA 258, MCL 124.751 to 124.774, part 505 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.50501 to 324.50522, the state housing development authority act of 1966, 1966 PA 346, MCL 125.1401 to 125.1499c, and the Michigan finance authority, Executive Reorganization Order No. 2010‑2, MCL 12.194, for necessary salaries, wages, supplies, contractual services, equipment, worker’s compensation insurance premiums, grants to the civil service commission and state employees’ retirement fund, and other expenses as allowed under those acts. (2) The department of treasury shall report by January 31 to the senate and house appropriations subcommittees, the senate and house fiscal agencies, and the state budget director on the amount and purpose of expenditures made under subsection (1) from funds received in addition to those appropriated in part 1. The report shall also include a listing of reimbursement of revenue, if any. The report shall cover the previous fiscal year. Sec. 935. The funds appropriated in part 1 for dual enrollment payments for an eligible student enrolled in a state‑approved nonpublic school shall be distributed as provided under the postsecondary enrollment options act, 1996 PA 160, MCL 388.511 to 388.524, and the career and technical preparation act, 2000 PA 258, MCL 388.1901 to 388.1913, in a form and manner as determined by the department of treasury. Sec. 936. (1) From the funds appropriated in part 1 for the student loan delinquency counseling pilot programm, the department shall request competitive proposals from service providers interested in piloting student loan delinquency counseling services for Michigan student loan borrowers. The competitive proposal for the pilot shall include all of the following: (a) Provide 1‑on‑1 student loan counseling assistance and financial educational services for interested individuals who are delinquent on their student loan payments. This counseling shall ensure that more individuals know about their student loan payment options and that borrowers have access to budgeting assistance and comprehensive debt management programs. 1192 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (b) Require that borrowers voluntarily opt into student loan delinquency counseling. (c) Promote service through statement inserts, electronic mails, or mailings, or through participating loan servicers or colleges and universities. (d) Pilot the services for no more than 1 year. (e) Provide the department with the information necessary for reporting requirements to use for evaluation of the program. (f) Be able to begin the pilot by January 2, 2017. (2) The department shall release the RFP by October 3 with a due date of November 4. During this time, the department shall have a question‑and‑answer event with prospective providers 2 weeks before proposals are due. The department shall select and notify the awarded vendor no later than 1 month after the RFP due date. The department shall ensure that the pilot begins by January 2. (3) The department of treasury shall issue a status report using information provided by the vendor that includes the following: (a) Number of borrowers counseled. (b) Number of student loans and amount of balances owed by counseled borrowers. (c) Number and dollar amount of delinquent student loans brought current. (d) Number and dollar amount of delinquent student loans defaulted. (e) Number and dollar amount of student loans enrolled in a repayment program. (f) Number and dollar amount of student loans in deferment or forbearance. (g) At selected time frames after the initial counseling session, the difference between current student loan balances and the balances at the time of initial counseling. (h) Number and dollar amount of defaulted student loans rehabilitated. (i) Borrower’s credit score at the time of counseling. (j) Borrower’s credit score at selected time frames after initial counseling session. (k) Results from customer surveys regarding the participant’s perceived value and usefulness of the services. (4) The department of treasury will evaluate the proposals by using the following criteria: (a) 20% based on demonstrated experience in providing student loan delinquency counseling. (b) 25% based on demonstrated experience in providing debt management and debt counseling. (c) 10% based on demonstrated experience in providing budgeting and financial information. (d) 10% based on responses to questionnaire. (e) 20% based on an implementation plan of the pilot program. (f) 15% based on the proposed staffing and budget for the pilot program. Sec. 937. From the funds appropriated in part 1, the department of treasury shall submit a report to the state budget director and the senate and house standing committees on appropriations not later than March 31 regarding the perfor­ mance of the Michigan accounts receivable collections system. The report shall include, but is not limited to: (a) Information regarding the effectiveness of the department’s current collection strategies, including use of vendors or contractors. (b) The amount of delinquent accounts and collection referrals to vendors and contractors. (c) The liquidation rates for declining delinquent accounts. (d) The profile of uncollected delinquent accounts, including specific uncollected amounts by category. (e) The department’s strategy to manage delinquent accounts once those accounts exceed the vendor’s or contractor’s contracted collectible period. (f) A summary of the strategies used in other states, including, but not limited to, secondary placement services, and assessing the benefits of those strategies. Sec. 938. (1) From the funds appropriated in part 1 for unclassified salaries, the department of treasury shall ensure that the state capitol historic site fund receive, in addition to the amounts described in section 12 of the tobacco products tax act, 1993 PA 327, MCL 205.432, any amounts remaining in the restoration, renewal, and maintenance line item in part 1. (2) In the event that Detroit CPI results in decreased statutory payments to the state capitol historic fund, the department of treasury shall not take punitive measures or decrease payments to the fund and shall ensure full payment from the amounts available in the restoration, renewal, and maintenance line item in part 1. Sec. 941. (1) The department of treasury, in conjunction with the Michigan strategic fund, shall report to the senate and house of representatives appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget office by November 1 on the annual cost of the Michigan economic growth authority tax credits. The report shall include for each year the board‑approved credit amount, adjusted for credit amendments where applicable, and the actual and projected value of tax credits for each year from 1995 to the expiration of the credit program. For years for which credit claims are complete, the report shall include the total of actual certificated credit amounts. For years for which claims are still pending or not yet submitted, the report shall include a combination of actual credits where available and projected credits. Credit projections shall be based on updated estimates of employees, wages, and benefits for eligible companies. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1193 (2) In addition to the report under subsection (1), the department of treasury, in conjunction with the Michigan strategic fund, shall report to the senate and house of representatives appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget office by November 1 on the annual cost of all other certificated credits by program, for each year until the credits expire or can no longer be collected. The report shall include estimates on the brownfield redevelopment credit, film credits, MEGA photovoltaic technology credit, MEGA polycrystalline silicon manufacturing credit, MEGA vehicle battery credit, and other certificated credits. Sec. 944. If the department of treasury hires a pension plan consultant using any of the funds appropriated in part 1, the department shall retain any report provided to the department by that consultant and shall make that report available upon request to the senate and house of representatives standing committees on appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget director. Sec. 945. The appraisal quality assurance project manager of the department of treasury shall conduct a review of local unit assessment administration practices, procedures, and records, also known as the audit of minimal assessing requirements, in at least 1 assessment jurisdiction per county. Sec. 946. Revenue collected in the convention facility development fund is appropriated and shall be distributed under sections 8 and 9 of the state convention facility development act, 1985 PA 106, MCL 207.628 and 207.629. Sec. 947. Financial independence teams shall cooperate with the financial responsibility section to coordinate and streamline efforts in identifying and addressing fiscal emergencies in school districts and intermediate school districts. Sec. 948. Total authorized appropriations from all department of treasury sources under part 1 for legacy costs for the fiscal year ending September 30, 2017 are $49,651,800.00. From this amount, total agency appropriations for pension‑related legacy costs are estimated at $27,530,500.00. Total agency appropriations for retiree health care legacy costs are estimated at $22,121,300.00. Sec. 949. (1) From the funds appropriated in part 1, the department of treasury may contract with private agencies to prevent the disbursement of fraudulent tax refunds. In addition to the amounts appropriated in part 1 to the department of treasury, there are appropriated amounts necessary to pay contract costs or fund operations designed to reduce fraudulent income tax refund payments not to exceed $1,600,000.00 of the refunds identified as potentially fraudulent and for which payment of the refund is denied. The appropriation to fund fraud prevention efforts is from the fund or account to which the revenues being collected are recorded or dedicated. (2) The department of treasury shall submit a report for the immediately preceding fiscal year ending September 30 to the state budget director and the senate and house of representatives standing committees on appropriations not later than November 30 stating the number of refund claims denied due to the fraud prevention operations, the amount of refunds denied, the costs of the fraud prevention operations, and other pertinent information relating to determining whether this authority should be continued. Sec. 949d. (1) From the funds appropriated in part 1 for financial review commission, the department shall continue financial review commission efforts in the current fiscal year. The purpose of the funding is to provide ongoing costs associated with the operation of the commission. (2) The department shall identify specific outcomes and performance measures for this initiative, including, but not limited to, the department’s ability to perform a critical fiscal review to ensure the city of Detroit does not reenter distress following its exit from bankruptcy and to ensure that the community district does not enter distress and maintains a balanced budget. Sec. 949e. From the funds appropriated in part 1 for the state essential services assessment program, the department of treasury shall administer the state essential services assessment program. The program will provide the department the ability to collect the state essential services assessment which is a phased‑in replacement of locally collected personal property taxes on eligible manufacturing personal property. Sec. 949f. Revenue from the tobacco products tax act, 1993 PA 327, MCL 205.421 to 205.436, related to counties with a 2000 population of more than 2,000,000 is appropriated and shall be distributed under section 12(4)(d) of the tobacco products tax act, 1993 PA 327, MCL 205.432. Sec. 949g. From the one‑time funds appropriated in part 1 for urban search and rescue task force, $500,000.00 shall be expended to support the urban search and rescue task force. In distributing funds under this section, the department of treasury shall require the task force to provide to the department the following information: (a) A final year‑end report providing information on all revenue received by source and expenditures by categories, with the funds distributed to the task force under section 949g of article VIII of 2015 PA 84 discretely presented. (b) Detail on the proposed expenditure of the funds distributed under this section. (c) A final year‑end report providing information on all revenue received by source and expenditures by categories, with the funds distributed under this section discretely presented. REVENUE SHARING Sec. 950. The funds appropriated in part 1 for constitutional revenue sharing shall be distributed by the department of treasury to cities, villages, and townships, as required under section 10 of article IX of the state constitution of 1963. Revenue collected in accordance with section 10 of article IX of the state constitution of 1963 in excess of the amount appropriated in part 1 for constitutional revenue sharing is appropriated for distribution to cities, villages, and townships, on a population basis as required under section 10 of article IX of the state constitution of 1963. 1194 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Sec. 952. (1) The funds appropriated in part 1 for city, village, and township revenue sharing are for grants to cities, villages, and townships such that, subject to fulfilling the requirements under subsection (3), each city, village, or township is eligible to receive 100% of its eligible payment under section 952 of article VIII of 2015 PA 84. For purposes of this subsection, any city, village, or township that completely merges with another city, village, or township will be treated as a single entity, such that when determining the eligible payment under section 952 of article VIII of 2015 PA 84 for the combined single entity, the amount each of the merging local units was eligible to receive under section 952 of article VIII of 2015 PA 84 is summed. For purposes of this subsection, population is determined in the same manner as under section 3 of the Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141.903. In addition, any city or village that according to the 2010 federal decennial census is determined to have population in more than 1 county shall be treated as a single entity when determining the eligible payment under section 952 of article VIII of 2015 PA 84. (2) The funds appropriated in part 1 for the county incentive program are to be used for grants to counties such that each county is eligible to receive an amount equal to 20% of the amount by which the balance in its revenue sharing reserve fund under section 44a of the general property tax act, 1893 PA 206, MCL 211.44a, for the county’s most recent fiscal year that ends prior to the January 1 of the state’s fiscal year is less than the amount calculated under section 44a(14) of the general property tax act, 1893 PA 206, MCL 211.44a, for the county fiscal year that begins in the state’s fiscal year. The amount calculated under this subsection shall be adjusted as necessary to reflect partial county fiscal years and prorated based on the total amount appropriated for distribution to all eligible counties. Except as otherwise provided under this subsection, payments under this subsection will be distributed to an eligible county subject to the county’s fulfilling the requirements under subsection (3). (3) For purposes of accountability and transparency, each eligible city, village, township, or county shall certify by December 1, or the first day of a payment month, that it has produced a citizen’s guide of its most recent local finances, including a recognition of its unfunded liabilities; a performance dashboard; a debt service report containing a detailed listing of its debt service requirements, including, at a minimum, the issuance date, issuance amount, type of debt instrument, a listing of all revenues pledged to finance debt service by debt instrument, and a listing of the annual payment amounts until maturity; and a projected budget report, including, at a minimum, the current fiscal year and a projection for the immediately following fiscal year. The projected budget report shall include revenues and expenditures and an explanation of the assumptions used for the projections. Each eligible city, village, township, or county shall include in any mailing of general information to its citizens the Internet website address location for its citizen’s guide, performance dashboard, debt service report, and projected budget report or the physical location where these documents are available for public viewing in the city, village, township, or county clerk’s office. Each city, village, township, and county applying for a payment under this subsection shall submit a copy of the citizen’s guide, a copy of the performance dashboard, a copy of the debt service report, and a copy of the projected budget report to the department of treasury. The department of treasury shall develop detailed guidance for a city, village, township, or county to follow to meet the requirements of this subsection. The detailed guidance shall be posted on the department of treasury website and distributed to cities, villages, townships, and counties by October 1. (4) City, village, and township revenue sharing payments and county incentive program payments are subject to the following conditions: (a) The city, village, township, or county shall certify to the department that it has met the required criteria for subsection (3) and submitted the required citizen’s guide, performance dashboard, debt service report, and projected budget report as required by subsection (3). A department of treasury review of the citizen’s guide, dashboard, or reports is not required in order for a city, village, township, or county to receive a payment under subsection (1) or (2). The department shall develop a certification process and method for cities, villages, townships, and counties to follow. (b) Subject to subdivisions (c), (d), and (e), if a city, village, township, or county meets the requirements of subsection (3), the city, village, township, or county shall receive its full potential payment under this section. (c) Cities, villages, and townships eligible to receive a payment under subsection (1) shall receive 1/6 of their eligible payment on the last business day of October, December, February, April, June, and August. Payments under subsection (1) shall be issued to cities, villages, and townships until the specified due date for subsection (3). After the specified due date for subsection (3), payments shall be made to a city, village, or township only if that city, village, or township has complied with subdivision (a). (d) Payments under subsection (2) shall be issued to counties until the specified due date for subsection (3). After the specified due date for subsection (3), payments shall be made to a county only if that county has complied with subdivision (a). (e) If a city, village, township, or county does not provide the required certification, citizen’s guide, performance dashboard, debt service report, and projected budget report by the first day of a payment month, the city, village, township, or county shall forfeit the payment in that payment month. (f) Any city, village, township, or county that falsifies certification documents shall forfeit any future city, village, and township revenue sharing payments or county incentive program payments and shall repay to this state all payments it has received under this section. (g) City, village, and township revenue sharing payments and county incentive program payments under this section shall be distributed on the last business day of October, December, February, April, June, and August. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1195 (h) Payments distributed under this section may be withheld pursuant to sections 17a and 21 of the Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141.917a and 141.921. (5) The unexpended funds appropriated in part 1 for city, village, and township revenue sharing and the county incentive program shall be available for expenditure under the program for financially distressed cities, villages, or townships after the approval of transfers by the legislature pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 955. (1) The funds appropriated in part 1 for county revenue sharing shall be distributed by the department of treasury so that each eligible county receives a payment equal to 100.976% of the amount determined pursuant to the Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141.901 to 141.921, less the amount for which the county is eligible under section 952(2). The amount calculated under this subsection shall be adjusted as necessary to reflect partial county fiscal years and prorated based on the total amount appropriated for distribution to all eligible counties. (2) The department of treasury shall annually certify to the state budget director the amount each county is authorized to expend from its revenue sharing reserve fund. Sec. 956. (1) The funds appropriated in part 1 for financially distressed cities, villages, and townships shall be granted by the department of treasury to cities, villages, and townships that have 1 or more conditions that indicate probable financial distress, as determined by the department of treasury. A city, village, or township with 1 or more conditions that indicate probable financial distress may apply in a manner determined by the department of treasury for a grant to pay for specific projects or services that move the city, village, or township toward financial stability. Grants are to be used for specific projects or services that move the city, village, or township toward financial stability. The city, village, or township may use, but is not limited to using, the grants under this section to make payments to reduce unfunded accrued liability; to repair or replace critical infrastructure and equipment owned or maintained by the city, village, or township; to reduce debt obligations; or for costs associated with a transition to shared services with another jurisdiction. The department of treasury shall award no more than $2,000,000.00 to any city, village, or township under this section. (2) The department of treasury shall provide a report to the senate and house of representatives appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget office by March 31. The report shall include a list by grant recipient of the date each grant was approved, the amount of the grant, and a description of the project or projects that will be paid by the grant. (3) The unexpended funds appropriated in part 1 for financially distressed cities, villages, and townships are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditure for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the project is to provide assistance to financially distressed cities, villages, and townships under this section. (b) The projects will be accomplished by grants to cities, villages, and townships approved by the department of treasury. (c) The total estimated cost of all projects is $5,000,000.00. (d) The tentative completion date is September 30, 2021. BUREAU OF STATE LOTTERY Sec. 960. In addition to the funds appropriated in part 1 to the bureau of state lottery, there is appropriated from state lottery fund revenues the amount necessary for, and directly related to, implementing and operating lottery games under the McCauley‑Traxler‑Law‑Bowman‑McNeely lottery act, 1972 PA 239, MCL 432.1 to 432.47, and activities under the Traxler‑McCauley‑Law‑Bowman bingo act, 1972 PA 382, MCL 432.101 to 432.120, including expenditures for contractually mandated payments for vendor commissions, contractually mandated payments for instant tickets intended for resale, the contractual costs of providing and maintaining the online system communications network, and incentive and bonus payments to lottery retailers. Sec. 963. The bureau of state lottery shall inform all lottery retailers that the cash side of MDHHS bridge cards cannot be used to purchase lottery tickets. Sec. 964. For the bureau of the state lottery, there is appropriated 1% of the lottery’s prior fiscal year’s gross sales or $25,000,000.00, whichever is less, for promotion and advertising. CASINO GAMING Sec. 971. From the revenue collected by the Michigan gaming control board regarding the total annual assessment of each casino licensee, $2,000,000.00 is appropriated and shall be deposited in the compulsive gaming prevention fund as described in section 12a(5) of the Michigan gaming control and revenue act, 1996 IL 1, MCL 432.212a. Sec. 973. (1) Funds appropriated in part 1 for local government programs may be used to provide assistance to a local revenue sharing board referenced in an agreement authorized by the Indian gaming regulatory act, Public Law 100‑497. (2) A local revenue sharing board described in subsection (1) shall comply with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, and the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. 1196 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (3) A county treasurer is authorized to receive and administer funds received for and on behalf of a local revenue sharing board. Funds appropriated in part 1 for local government programs may be used to audit local revenue sharing board funds held by a county treasurer. This section does not limit the ability of local units of government to enter into agreements with federally recognized Indian tribes to provide financial assistance to local units of government or to jointly provide public services. (4) A local revenue sharing board described in subsection (1) shall comply with all applicable provisions of any agreement authorized by the Indian gaming regulatory act, Public Law 100‑497, in which the local revenue sharing board is referenced, including, but not limited to, the disbursal of tribal casino payments received under applicable provisions of the tribal‑state class III gaming compact in which those funds are received. (5) The director of the department of state police and the executive director of the Michigan gaming control board are authorized to assist the local revenue sharing boards in determining allocations to be made to local public safety organizations. (6) The Michigan gaming control board shall submit a report by September 30 to the senate and house of representatives standing committees on appropriations and the state budget director on the receipts and distribution of revenues by local revenue sharing boards. Sec. 974. If revenues collected in the state services fee fund are less than the amounts appropriated from the fund, available revenues shall be used to fully fund the appropriation in part 1 for casino gaming regulation activities before distributions are made to other state departments and agencies. If the remaining revenue in the fund is insufficient to fully fund appropriations to other state departments or agencies, the shortfall shall be distributed proportionally among those departments and agencies. Sec. 976. The executive director of the Michigan gaming control board may pay rewards of not more than $5,000.00 to a person who provides information that results in the arrest and conviction on a felony or misdemeanor charge for a crime that involves the horse racing industry. A reward paid pursuant to this section shall be paid out of the appropriation in part 1 for the racing commission. Sec. 977. All appropriations from the Michigan agriculture equine industry development fund, except for the racing commission and laboratory analysis program appropriations, shall be reduced proportionately if revenues to the Michigan agriculture equine industry development fund decline during the fiscal year ending September 30, 2017 to a level lower than the amount appropriated in part 1. Sec. 978. The Michigan gaming control board shall use actual expenditure data in determining the actual regulatory costs of conducting racing dates and shall provide that data to the senate and house appropriations subcommittees on agriculture and general government, the state budget office, and the senate and house fiscal agencies. The Michigan gaming control board shall not be reimbursed for more than the actual regulatory cost of conducting race dates. If a certified horsemen’s organization funds more than the actual regulatory cost, the balance shall remain in the agriculture equine industry development fund to be used to fund subsequent race dates conducted by race meeting licensees with which the certified horsemen’s organization has contracts. If a certified horsemen’s organization funds less than the actual regulatory costs of the additional horse racing dates, the Michigan gaming control board shall reduce the number of future race dates conducted by race meeting licensees with which the certified horsemen’s organization has contracts. Prior to the reduction in the number of authorized race dates due to budget deficits, the executive director of the Michigan gaming control board shall provide notice to the certified horsemen’s organizations with an opportunity to respond with alternatives. In determining actual costs, the Michigan gaming control board shall take into account that each specific breed may require different regulatory mechanisms. Sec. 979. In addition to the funds appropriated in part 1, the Michigan gaming control board may receive and expend state lottery fund revenue in an amount not to exceed $4,000,000.00 for necessary expenses incurred in the licensing and regulation of millionaire parties pursuant to Executive Order No. 2012‑4. In accordance with section 8 of the Traxler‑McCauley‑Law‑Bowman bingo act, 1972 PA 382, MCL 432.108, the amount of necessary expenses shall not exceed the amount of revenue received under that act. The Michigan gaming control board shall provide a report to the senate and house of representatives appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget office by April 15. The report shall include, but not be limited to, total expenditures related to the licensing and regulating of millionaire parties, steps taken to ensure charities are receiving revenue due to them, progress on promulgating rules to ensure compliance with the Traxler‑McCauley‑Law‑Bowman bingo act, 1972 PA 382, MCL 432.101 to 432.120, and any enforcement actions taken. DEPARTMENT OF TALENT AND ECONOMIC DEVELOPMENT Sec. 980. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $30,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1197 (4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 981. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2017 are $35,083,100.00. From this amount, total agency appropriations for pension‑related legacy costs are estimated at $19,452,700.00. Total agency appropriations for retiree health care legacy costs are estimated at $15,630,400.00. MICHIGAN STRATEGIC FUND ‑ HOUSING AND COMMUNITY DEVELOPMENT Sec. 990. MSHDA shall annually present a report to the state budget office and the subcommittees on the status of the authority’s housing production goals under all financing programs established or administered by the authority. The report shall give special attention to efforts to raise affordable multifamily housing production goals. Sec. 994. In addition to the funds appropriated in part 1, the funds collected by state historic preservation programs for document reproduction and services and application fees are appropriated for all expenses necessary to provide the required services. These funds are available for expenditure when they are received and may be carried forward into the succeeding fiscal year. Sec. 995. In addition to the amounts appropriated in part 1, the land bank fast track authority may expend revenues received under the land bank fast track act, 2003 PA 258, MCL 124.751 to 124.774, for the purposes authorized by the act, including, but not limited to, the acquisition, lease, management, demolition, maintenance, or rehabilitation of real or personal property, payment of debt service for notes or bonds issued by the authority, and other expenses to clear or quiet title property held by the authority. MICHIGAN STRATEGIC FUND Sec. 1005. In addition to the appropriations in part 1, Travel Michigan may receive and expend private revenue related to the use of “Pure Michigan” and all other copyrighted slogans and images. This revenue may come from the direct licensing of the name and image or from the royalty payments from various merchandise sales. Revenue collected is appropriated for the marketing of the state as a travel destination. The funds are available for expenditure when they are received by the department of treasury. The fund shall provide a report that lists the revenues by source received from the use of “Pure Michigan” and all other copyrighted slogans and images. The report shall provide a detailed list of expenditures of revenues received under this section. The report shall be provided to the appropriations subcommittees on general government, the fiscal agencies, and the state budget office by March 15. Sec. 1007. (1) The fund shall provide reports to the relevant subcommittees, the state budget director, and the fiscal agencies concerning the activities of the MEDC grants and investment programs financed from the fund using investment, Indian gaming revenues, or other revenues. The report shall provide a list of individual grants, loans, and investments made from the fund or by the MEDC from the funds appropriated in part 1 and shall include the name of the recipient, the amount awarded to the recipient, and the purpose of the grant. The activities report shall also include, but not be limited to, the following programs funded in part 1: (a) Travel Michigan, including any expenditures authorized under section 89b of the Michigan strategic fund act, 1984 PA 270, MCL 125.2089b, to supplement the Michigan promotion program or Pure Michigan programs. The report shall include the number of commercials produced, the types of media purchased, and the target of tourism promotion used in Michigan tourism promotion material. (b) Business attraction, retention, and growth, including any expenditures authorized under section 89b of the Michigan strategic fund act, 1984 PA 270, MCL 125.2089b, to supplement the Michigan business marketing program. The report shall include the number of commercials produced, the markets in which media buys have been made, and any web‑based products that were created as a result of this appropriation. (c) Community development block grants. (d) Strategic fund administration. (e) Renaissance zones. (f) 21st century investment program. (g) Michigan business development program. (h) Community revitalization program. (i) Core community fund. (j) Any other programs of the fund. (2) As a condition of the expenditure of funds appropriated in part 1 for business attraction and community revitalization, the fund shall submit a report to the chairpersons of the senate and house of representatives standing committees on appropriations, the chairpersons of the senate and house of representatives standing committees on appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget office that provides performance metrics for the Michigan business development program and community revitalization program. The report shall include, but is not limited to, all of the following for all appropriated funds that are available during the fiscal year: (a) Total verified jobs created, as required by statute, compared to total committed jobs. (b) Total actual private investment compared to total projected private investment. 1198 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (c) An estimate of the return on investment to the state as a result of the incentives. (d) A listing of projects previously awarded incentives that were revoked and the reason for revocation. (e) A listing of projects that had incentive contracts amended by the fund or MEDC. The listing shall include a detailed listing of the amendments made to the contract. (3) The reports in subsections (1) and (2) shall be submitted by March 15. The report for each program in subsec­ tion (1)(a) through (j) shall include details on all revenue sources, actual expenditures, and number of FTEs for that program for the previous fiscal year. For any programs operated under the Michigan strategic fund act, the requirements in subsections (1), (2)(a), and (2)(b) may be met if the report required under section 9 of the Michigan strategic fund act, 1984 PA 270, MCL 125.2009, is provided by March 15. Sec. 1008. As a condition of receiving funds under part 1, any interlocal agreement entered into by the fund shall include language which states that if a local unit of government has a contract or memorandum of understanding with a private economic development agency, the MEDC will work cooperatively with that private organization in that local area. Sec. 1009. (1) Of the funds appropriated to the fund or through grants to the MEDC, no funds shall be expended for the purchase of options on land or the purchase of land unless at least 1 of the following conditions applies: (a) The land is located in an economically distressed area. (b) The land is obtained through a purchase or exercise of an option at the invitation of the local unit of government and local economic development agency. (2) Consideration may be given to purchases where the proposed use of the land is consistent with a regional land use plan, will result in the redevelopment of an economically distressed area, can be supported by existing infrastructure, and will not cause shifts in population away from the area’s population centers. (3) As used in this section, “economically distressed area” means an area in a city, village, or township that has been designated as blighted; a city, village, or township that shows negative population change from 1970 and a poverty rate and unemployment rate greater than the statewide average; or an area certified as a neighborhood enterprise zone under the neighborhood enterprise zone act, 1992 PA 147, MCL 207.771 to 207.786. Sec. 1010. As a condition for receiving funds in part 1, not later than March 15, the fund shall provide a report for the immediately preceding fiscal year on the jobs for Michigan investment fund, created in section 88h of the Michigan strategic fund act, 1984 PA 270, MCL 125.2088h. The report shall be submitted to the chairpersons of the senate and house of representatives standing committees on appropriations, the chairpersons of the senate and house of representatives standing committees on appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget office. The report shall include, but is not limited to, all of the following: (a) A detailed listing of revenues, by fund source, to the jobs for Michigan investment fund. The listing shall include the manner and reason for which the funds were appropriated to the jobs for Michigan investment fund. (b) A detailed listing of expenditures, by project, from the jobs for Michigan investment fund. (c) A fiscal year‑end balance of the jobs for Michigan investment fund. Sec. 1011. (1) From the appropriations in part 1 to the fund and granted or transferred to the MEDC, any unexpended or unencumbered balance shall be disposed of in accordance with the requirements in the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, unless carryforward authorization has been otherwise provided for. (2) Any encumbered funds shall be used for the same purposes for which funding was originally appropriated in this part and part 1. Sec. 1012. (1) As a condition of receiving funds under part 1, the fund shall ensure that the MEDC and the fund comply with all of the following: (a) The freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. (b) The open meetings act, 1976 PA 267, MCL 15.261 to 15.275. (c) Annual audits of all financial records by the auditor general or his or her designee. (d) All reports required by law to be submitted to the legislature. (2) If the MEDC is unable for any reason to perform duties under this part, the fund may exercise those duties. Sec. 1013. As a condition for receiving the appropriations in part 1, any staff of the MEDC involved in private fund‑raising activities shall not be party to any decisions regarding the awarding of grants, incentives, or tax abatements from the fund, the MEDC, or the Michigan economic growth authority. Sec. 1020. Federal pass‑through funds to local institutions and governments that are received in amounts in addition to those included in part 1 and that do not require additional state matching funds are appropriated for the purposes intended. The department may carry forward into the succeeding fiscal year unexpended federal pass‑through funds to local institutions and governments that do not require additional state matching funds. The department shall report the amount and source of the funds to the senate and house appropriation subcommittees on general government, the senate and house fiscal agencies, and the state budget office within 10 business days after receiving any additional pass‑through funds. Sec. 1024. From the funds appropriated in part 1 for business attraction and community revitalization, not less than $20,000,000.00 shall be granted by the fund board for brownfield redevelopment and historic preservation projects under the community revitalization program authorized by chapter 8C of the Michigan strategic fund act, 1984 PA 270, MCL 125.2090 to 125.2090d. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1199 Sec. 1032. (1) The department shall report to the subcommittees, the state budget director, and the fiscal agencies on the status of the film incentives at the same time as it submits the annual report required under section 455 of the Michigan business tax act, 2007 PA 36, MCL 208.1455. The department of treasury shall provide the department of talent and economic development with the data necessary to prepare the report. Incentives included in the report shall include all of the following: (a) The tax credit provided under section 455 of the Michigan business tax act, 2007 PA 36, MCL 208.1455. (b) The tax credit provided under section 457 of the Michigan business tax act, 2007 PA 36, MCL 208.1457. (c) The tax credit provided under section 459 of the Michigan business tax act, 2007 PA 36, MCL 208.1459. (d) The amount of any tax credit claimed under former section 367 of the income tax act of 1967, 1967 PA 281. (e) Any tax credits provided for film and digital media production under the Michigan economic growth authority act, 1995 PA 24, MCL 207.801 to 207.810. (f) Loans to an eligible production company or film and digital media private equity fund authorized under section 88d(3), (4), and (5) of the Michigan strategic fund act, 2005 PA 225, MCL 125.2088d. (2) The report shall include all of the following information: (a) For each tax credit, the number of contracts signed, the projected expenditures qualifying for the credit, and the estimated value of the credits. For loans, the number of loans made under each section, the interest rate of those loans, the loan amount, the percent of the projected budget of each production financed by those loans, and the estimated interest earnings from the loan. (b) For credits authorized under section 455 of the Michigan business tax act, 2007 PA 36, MCL 208.1455, for productions completed by December 31, the expenditures of each production eligible for the credit that has filed a request for certificate of completion with the film office, broken down into expenditures for goods, services, or salaries and wages and showing separately expenditures in each local unit of government, including expenditures for personnel, whether or not they were made to a Michigan entity, and whether or not they were taxable under the laws of this state. For loans, the report shall include the number of loans that have been fully repaid, with principal and interest shown separately, and the number of loans that are delinquent or in default, and the amount of principal that is delinquent or is in default. (c) For each of the tax credit incentives and loan incentives listed in subsection (1), a breakdown for each project or production showing each of the following: (i) The number of temporary jobs created. (ii) The number of permanent jobs created. (iii) The number of persons employed in Michigan as a result of the incentive, on a full‑time equated basis. (3) For any information not included in the report due to the provisions of section 455(6), 457(6), or 459(6) of the Michigan business tax act, 2007 PA 36, MCL 208.1455, 208.1457, and 208.1459, the report shall do all of the following: (a) Indicate how the information would describe the commercial and financial operations or intellectual property of the company. (b) Attest that the information has not been publicly disseminated at any time. (c) Describe how disclosure of the information may put the company at a competitive disadvantage. (4) Any information not disclosed due to the provisions of section 455(6), 457(6), or 459(6) of the Michigan business tax act, 2007 PA 36, MCL 208.1455, 208.1457, and 208.1459, shall be presented at the lowest level of aggregation that would no longer describe the commercial and financial operations or intellectual property of the company. Sec. 1033. As a condition of receiving funds in part 1, not later than March 15, the department of talent and economic development shall provide a report on the activities of the Michigan film and digital media office for the immediately preceding fiscal year. The report shall be submitted to the chairpersons of the senate and house of representatives subcommittees on general government, the senate and house fiscal agencies, and the state budget office. The report shall include, but not be limited to, a listing of all projects the Michigan film and digital media office provided assistance on, a listing of the services provided for each project, and an estimate of investment leveraged. Sec. 1034. Each business incubator or accelerator that received an award from the fund shall maintain and update a dashboard of indicators to measure the effectiveness of the business incubator and accelerator programs. Indicators shall include the direct jobs created, new companies launched as a direct result of business incubator or accelerator involvement, businesses expanded as a direct result of business incubator or accelerator involvement, direct investment in client companies, private equity financing obtained by client companies, grant funding obtained by client companies, and other measures developed by the recipient business incubators and accelerators in conjunction with the MEDC. Dashboard indicators shall be reported for the prior fiscal year and cumulatively, if available. Each recipient shall submit a copy of their dashboard indicators to the fund by March 1. The fund shall transmit the local reports to the senate and house of representatives appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget office by March 15. Sec. 1035. (1) From the appropriation in part 1, the Michigan council for arts and cultural affairs shall administer an arts and cultural grant program that maintains an equitable geographic distribution of funding and utilizes past arts and cultural grant programs as a guideline for administering this program. The council shall do all of the following: (a) On or before October 1, the fund shall publish proposed application criteria, instructions, and forms for use by eligible applicants. The fund shall provide at least a 2‑week period for public comment before finalizing the application criteria, instructions, and forms. 1200 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (b) A nonrefundable application fee may be assessed for each application. Application fees shall be deposited in the council for the arts fund and are appropriated for expenses necessary to administer the programs. These funds are available for expenditure when they are received and may be carried forward to the following fiscal year. (c) Grants are to be made to public and private arts and cultural entities. (d) Within 1 business day after the award announcements, the council shall provide to each member of the legislature and the fiscal agencies a list of all grant recipients and the total award given to each recipient, sorted by county. (2) The appropriation in part 1 for arts and cultural program shall not be used for the administration of the grant program. Sec. 1036. (1) The general fund/general purpose funds appropriated in part 1 to the fund for business attraction and community revitalization shall be transferred to the 21st century jobs trust fund per section 90b(3) of the Michigan strategic fund act, 1984 PA 270, MCL 125.2090b. (2) Funds transferred to the 21st century jobs trust fund under subsection (1) are appropriated and available for allocation as authorized in the Michigan strategic fund act, 1984 PA 270, MCL 125.2001 to 125.2094. Sec. 1038. (1) From the funds appropriated in part 1, the department shall work with Michigan State University to gather information and create an annual progress report on the construction of the Facility for Rare Isotope Beams. The report shall include, but is not limited to, the following information: (a) If construction is ahead of the scheduled timeline made with the United States Department of Energy at the end of the previous fiscal year and the number of weeks. (b) If the cost of construction is under or over the amount projected for the previous fiscal year and the amount. (c) The number of Michigan companies that have been contracted for the project, the total amount of those contracts, and number of permanent and temporary employees employed in the previous fiscal year. (2) The department shall report to the state budget director, appropriations subcommittees, senate and house appropriation subcommittees on general government, and senate and house fiscal agencies by March 15. If information is not provided by Michigan State University by March 15, the department shall provide notice of steps taken to get the required information and when it will be available. Sec. 1040. As a condition of receiving funds in part 1, the department of talent and economic development shall utilize MAIN, or a successor MDTMB‑administered administrative information system used across state government, as an appropriation and expenditure reporting system to track all financial transactions with individual vendors, contractual partners, grantees, recipients of business incentives, and recipients of other economic assistance. Encumbrances and expenditures shall be reported in a timely manner. Sec. 1041. From the funds appropriated in part 1 for business attraction and community revitalization, the fund shall request the transfer by the state treasurer of not more than 60% of the funds prior to April 1. Sec. 1042. For the funds appropriated in part 1 for business attraction and community revitalization, the fund shall report quarterly on the amount of funds considered appropriated, pre‑encumbered, encumbered, and expended. The report shall also include a listing of appropriations for business attraction and community revitalization, or a predecessor, in 2011 PA 63, 2012 PA 200, 2013 PA 59, and 2014 PA 252, that were considered appropriated, pre‑encumbered, encumbered, or expended that have lapsed back to the fund for any purpose. The report shall be submitted to the chairpersons of the senate and house of representatives standing committees on appropriations, the chairpersons of the senate and house of representatives standing committees on appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget office. Sec. 1043. (1) The fund, in conjunction with the department of treasury, shall report to the senate and house of representatives appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget office by November 1 on the annual cost of the Michigan economic growth authority tax credits. The report shall include for each year the board‑approved credit amount, adjusted for credit amendments where applicable, and the actual and projected value of tax credits for each year from 1995 to the expiration of the credit program. For years for which credit claims are complete, the report shall include the total of actual certificated credit amounts. For years for which claims are still pending or not yet submitted, the report shall include a combination of actual credits where available and projected credits. Credit projections shall be based on updated estimates of employees, wages, and benefits for eligible companies. (2) In addition to the report under subsection (1), the fund, in conjunction with the department of treasury, shall report to the senate and house of representatives appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget office by November 1 on the annual cost of all other certificated credits by program, for each year until the credits expire or can no longer be collected. The report shall include estimates on the brownfield redevelopment credit, film credits, MEGA photovoltaic technology credit, MEGA polycrystalline silicon manufacturing credit, MEGA vehicle battery credit, and other certificated credits. Sec. 1046. (1) From the one‑time funds appropriated in part 1 for special grants, $275,000.00 shall be awarded to a charitable nonprofit community health care center located in a city with a population greater than 600,000 according to the most recent federal decennial census. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1201 (2) From the one‑time funds appropriated in part 1 for special grants, $50,000.00 shall be awarded to a nonprofit community development corporation in a city with a population greater than 600,000 according to the most recent federal decennial census. (3) From the one‑time funds appropriated in part 1 for special grants, $30,000.00 shall be awarded for a greenhouse renovation at a high school located in a county with a population greater than 1,700,000 and in a city with a population of between 62,000 and 64,000 according to the most recent federal decennial census. (4) From the one‑time funds appropriated in part 1 for special grants, $95,000.00 shall be awarded for repairs at a park located in a county with a population greater than 1,700,000 and in a city with a population of between 62,000 and 64,000 according to the most recent federal decennial census. (5) From the one‑time funds appropriated in part 1 for special grants, $100,000.00 shall be awarded for upgrading computer hardware at a school located in a county with a population greater than 1,700,000 and in a charter township with a population of between 48,000 and 49,000 according to the most recent federal decennial census. (6) From the one‑time funds appropriated in part 1 for special grants, $100,000.00 shall be awarded for a recreation complex located in a county with a population greater than 1,700,000 and in a city with a population between 17,000 and 18,000 according to the most recent federal decennial census. (7) From the one‑time funds appropriated in part 1 for special grants, $100,000.00 shall be awarded to a justice center located in a city with a population greater than 600,000 according to the most recent federal decennial census. (8) From the one‑time funds appropriated in part 1 for special grants, $75,000.00 shall be awarded to a women’s shelter located in a city with a population greater than 600,000 according to the most recent federal decennial census. (9) From the one‑time funds appropriated in part 1 for special grants, $950,000.00 shall be awarded as a grant to a financially distressed city that has a level 3, high‑priority capital improvement that has a cost estimate above $10,000,000.00, has local matching dollars, and has previously applied to the financially distressed cities, villages, and townships fund, but has not been awarded any previous grants. (10) From the one‑time funds appropriated in part 1 for special grants, $800,000.00 shall be awarded as a parking redevelopment grant to a state park that is less than 50 acres and is connected to a multi‑city trolley system. (11) From the one‑time funds appropriated in part 1 for special grants, $250,000.00 shall be awarded for capital repayments on a water tower that has deteriorated lead paint inside of the well, operates a wellhead protection plan, is over 30 years old, and has $100,000.00 in matching funds located in a county with a population between 135,000 and 137,000 and in a village with a population between 900 and 1,100 according to the most recent federal decennial census. (12) From the one‑time funds appropriated in part 1 for special grants, $500,000.00 shall be awarded to support capital improvements to an African American museum in a city with a population greater than 600,000 according to the most recent federal decennial census. (13) From the one‑time funds appropriated in part 1 for special grants, $2,500,000.00 shall be awarded to support a youth fair in a county with a population between 600,000 and 610,000 according to the most recent federal decennial census. (14) From the one‑time funds appropriated in part 1 for special grants, $2,500,000.00 shall be awarded for park improvements at a park located in a county with a population between 600,000 and 610,000 and in a charter township with a population between 5,900 and 6,100 according to the most recent federal decennial census. (15) From the one‑time funds appropriated in part 1 for special grants, $100,000.00 shall be awarded for a recreation complex located in a county with a population greater than 1,700,000 and in a city with a population of between 84,000 and 85,000 according to the most recent federal decennial census. (16) From the one‑time funds appropriated in part 1 for special grants, $25,000.00 shall be awarded to a community center in a city with a population greater than 600,000 according to the most recent federal decennial census. (17) From the one‑time funds appropriated in part 1 for special grants, $100,000.00 shall be awarded to a multidisciplinary, nonprofit architecture and urban design firm in a city with a population greater than 600,000 according to the most recent federal decennial census. (18) From the one‑time funds appropriated in part 1 for special grants, $1,000,000.00 shall be awarded to an independent biomedical research and science education organization in a county with a population between 600,000 and 610,000 and a city with a population between 187,000 and 189,000 according to the most recent federal decennial census to be used for matching federal funds, private and nonprofit grants, and private contributions. (19) From the funds appropriated in part 1 for special grants, $200,000.00 shall be awarded to support a farmer’s market in a county with a population between 172,000 and 173,000 and a city with a population between 38,000 and 40,000 according to the most recent federal decennial census. (20) From the funds appropriated in part 1 for special grants, $250,000.00 shall be awarded to a consortium that develops unmanned aerial systems technology and has a teaming agreement or partnership with a Federal Aviation Administration designated testing site. The consortium must also be working with a community college that has received a skilled trades equipment fund grant and is using a portion of the grant to purchase equipment for unmanned aerial systems technology for education. 1202 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (21) From the one‑time funds appropriated in part 1 for special grants, $2,000,000.00 shall be awarded to Kalamazoo Valley Community College to support the healthy living campus. TALENT INVESTMENT AGENCY Sec. 1060. The talent investment agency shall administer the PATH training program in accordance with the requirements of section 407(d) of title IV of the social security act, 42 USC 607, the state social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, and all other applicable laws and regulations. Sec. 1061. From the funds appropriated in part 1 for workforce programs subgrantees, the talent investment agency may allocate funding for grants to nonprofit organizations that offer programs pursuant to the workforce investment act of 1998, 29 USC 2801 to 2945, or the workforce innovation and opportunity act, 29 USC 3101 to 3361, eligible youth focusing on pre‑apprenticeship and apprenticeship activities, entrepreneurship, work‑readiness skills, job shadowing, and financial literacy. Organizations eligible for funding under this section must have the capacity to provide similar programs in urban areas, as determined by the United States Bureau of the Census according to the most recent federal decennial census. Additionally, programs eligible for funding under this section must include the participation of local business partners. The talent investment agency shall develop other appropriate eligibility requirements to ensure compliance with applicable federal rules and regulations. Sec. 1062. The talent investment agency shall make available, in person or by telephone, 1 disabled veterans outreach program specialist or local veterans employment representative to Michigan Works! service centers, as resources permit, during hours of operation, and shall continue to make the appropriate placement of veterans and disabled veterans a priority. Sec. 1063. (1) In addition to the funds appropriated in part 1, any unencumbered and unrestricted federal workforce investment act of 1998, 29 USC 2801 to 2945, workforce innovation and opportunity act, 29 USC 3101 to 3361, or trade adjustment assistance funds available from prior fiscal years are appropriated for the purposes originally intended. (2) The talent investment agency shall report by February 15 to the subcommittees, the fiscal agencies, and the state budget office on the amount by fiscal year of federal workforce investment act of 1998, 29 USC 2801 to 2945, workforce innovation and opportunity act, 29 USC 3101 to 3361, funds appropriated under this section. Sec. 1065. The talent investment agency shall publish data and reports quarterly on the agency website concerning the status of the career technology and skilled trades training program funded in part 1. The report shall include the following: (a) The number of awardees participating in the program and the names of those awardees organized by major industry group. (b) The amount of funding received by each awardee under the program. (c) Amount of funding leveraged from each awardee or other funding source for each awardee project. (d) Training models established by each awardee. (e) The number of individuals enrolled in a skilled trades training program by awardee. (f) The number of individuals who completed the program and were hired by awardee. (g) The number of applications received and the number of applications approved for each region. (h) The department of talent and economic development shall expand workforce training and reemployment services to better connect workers to in‑demand jobs and identify specific outcomes with performance metrics for this initiative, including, but not limited to, new apprenticeships, jobs created, jobs retained, training completed, and employment retention rate at 6 months, and hourly wage at 6 months. Sec. 1066. As a condition of receiving funds in part 1 for the skilled trades training program, the talent investment agency shall administer the program as follows: (a) The talent investment agency shall work cooperatively with grantees to maximize the amount of funds from part 1 that are available for direct training. (b) The talent investment agency, workforce development partners, including regional Michigan Works! agencies, and employers shall collaborate and work cooperatively to prioritize and streamline the expenditure of the funds appropriated in part 1. The talent investment agency shall ensure that the skilled trades training program provides a collaborative statewide network of workforce and employee skill development partners that addresses the employee talent needs throughout the state. (c) The talent investment agency shall ensure that grants are utilized for individual skill enhancement for employees of Michigan businesses including the development of additional opportunities for apprenticeship programs and more advance‑tech training programs. Funds shall not be distributed to program and process centered training organization employers. (d) The talent investment agency shall develop program goals and detailed guidance for prospective participants to follow to qualify under the program. The program goals and detailed guidance shall be posted on the talent investment agency website and distributed to workforce development partners, including local Michigan Works! agencies, by October 1. Periodic assessments of employer and employee needs shall be evaluated on a regional basis, and the talent investment agency shall identify solutions and goals to be implemented to satisfy those needs. The talent investment agency shall notify the senate and house of representatives standing committees on appropriations, the senate and house of representatives standing committees on appropriations subcommittees on general government, the senate and house No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1203 fiscal agencies, and the state budget office on any program goal, solution, or guidance changes not fewer than 14 days prior to the finalization and publication of the changes. Revenue received by the talent investment agency for the skilled trades training program may be expended for the purpose of those programs. (e) Up to $5,000,000.00 of the funds may be expended to match federal funds. The intent of these funds will involve improving and increasing the skill level of employees in skilled trades in the automotive industry and the manufacturing processes within the changing manufacturing environment. Sec. 1068. (1) Of the funds appropriated in part 1 for the workforce training programs, the talent investment agency shall provide a report by March 15 to the senate and house of representatives standing committees on appropriations subcommittees on general government, the state budget director, and the fiscal agencies on the status of the workforce training programs. The report shall include the following: (a) The amount of funding allocated to each Michigan Works! agency and the total funding allocated to the workforce training programs statewide by fund source. (b) The number of participants enrolled in education or training programs by each Michigan Works! agency. (c) The average duration of training for training program participants by each Michigan Works! agency. (d) The number of participants enrolled in remedial education programs and the number of participants enrolled in literacy programs. (e) The number of participants enrolled in programs at 2‑year institutions. (f) The number of participants enrolled in 4‑year institutions. (g) The number of participants enrolled in proprietary schools or other technical training programs. (h) The number of participants that have completed education or training programs. (i) The number of participants who secured employment in Michigan within 1 year of completing a training program. (j) The number of participants who completed a training program and secured employment in a field related to their training. (k) The average wage earned by participants who completed a training program and secured employment within 1 year. (l) The actual revenues received by the fund source and fund appropriated for each discrete workforce development program area. (2) Data collection for the report shall be for the prior state fiscal year. Sec. 1076. The unemployment insurance agency shall provide the senate and house appropriations subcommittees on general government, senate and house fiscal agencies, and the state budget office with quarterly status reports on the implementation of and improvements to the agency’s integrated system project. The quarterly status reports shall include, but not be limited to, a summary of the expenditures for the project, a summary of the tasks completed, and a summary of the tasks anticipated to be completed in the subsequent quarter. Sec. 1077. The department of talent and economic development shall report quarterly to the members of the house and senate committees on appropriations, the senate and house fiscal agencies, and the state budget director on the percentage of unemployment claimants that meet the certification requirements for receiving benefits by using the Internet Michigan web account manager system or any application developed for that purpose. The department of talent and economic development shall implement improvements to the Internet Michigan web account manager system that promote greater ease of access and security with a goal of reaching 75% of users certifying by using the Internet Michigan web account manager system or another system that reduces staff face time and Michigan automated response voice interactive network telephone system usage. Sec. 1078. (1) From the funds appropriated in part 1 for the unemployment insurance agency, the department of talent and economic development shall maintain customer service standards for employers and claimants making use of the various means by which they can access the system. (2) The department of talent and economic development shall identify specific outcomes and performance metrics for this initiative, including, but not limited to, the following: (a) Unemployment benefit fund balance. (b) Process improvement – fiscal integrity. (c) Process improvement – determination timeliness. (d) Process improvement – determination quality. Sec. 1079. (1) The talent investment agency shall extend the interagency agreement with the department of health and human services for the duration of the current fiscal year, which concerns TANF funding to provide job readiness and welfare‑to‑work programming. The interagency agreement shall include specific outcome and performance reporting requirements as described in this section. TANF funding provided to the talent investment agency in the current fiscal year is contingent on compliance with the data and reporting requirements described in this section. The interagency agreement shall require the talent investment agency to provide all of the following items for the previous year to the senate and house appropriations committees by January 1 of the current fiscal year: (a) An itemized spending report on TANF funding, including all of the following: (i) Direct services to clients. (ii) Administrative expenditures. 1204 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (b) The number of family independence program clients served through the TANF funding, including all of the following: (i) The number and percentage who obtained employment through Michigan Works! (ii) The number and percentage who fulfilled their TANF work requirement through other job readiness programming. (iii) Average TANF spending per client. (iv) The number and percentage of clients who were referred to Michigan Works! but did not receive a job or job readiness placement and the reasons why. (2) Not later than March 15 of the current fiscal year, the department shall provide to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices an annual report on the following matters itemized by Michigan Works! agency: the number of referrals to Michigan Works! job readiness programs, the number of referrals to Michigan Works! job readiness programs who became a participant in the Michigan Works! job readiness programs, the number of participants who obtained employment, and the cost per participant case. Sec. 1080. (1) From the funds appropriated in part 1 for community ventures, the department of talent and economic development may expend not more than $2,000,000.00 of the funds as matching funds upon the commitment of matching dollars from private sources. For every $1.00 the department of talent and economic development elects to receive from a private source for the purposes of a community ventures program match, the department of talent and economic development shall expend $1.00 from the appropriation in part 1 up to $2,000,000.00. Funds received from private sources for a community ventures program match are appropriated upon receipt and shall be expended for the purposes of the community ventures program. (2) The department shall identify specific outcomes and performance measures for this initiative, including, but not limited to, the following: (a) The number of commitments from private sources, including the dollar amount committed and source. (b) Additional participants served with challenge funds. (c) Jobs created and the average wage. Sec. 1081. (1) From the funds appropriated in part 1 for statewide system for data integration, the department shall establish new information technology systems to integrate data for talent and pipeline development to track and report workforce development activities and provide for sustained and expanded longitudinal data analysis between state departments. (2) The department shall identify specific outcomes and performance metrics for this initiative, including, but not limited to, the following: (a) Job placements and retention at 6 months. (b) Apprenticeships completed. (c) Average wage. Sec. 1083. From the one‑time funds appropriated in part 1 for the sustainable employment pilot program, the department of talent and economic development shall create or contract with another entity to provide a pilot program that focuses on moving individuals off of government assistance programs and measuring the corresponding savings to the state of Michigan. The pilot program shall work with local community and workforce development agencies and focus on long‑term results. STATE BUILDING AUTHORITY Sec. 1100. (1) Subject to section 242 of the management and budget act, 1984 PA 431, MCL 18.1242, and upon the approval of the state building authority, the department of treasury may expend from the general fund of the state during the fiscal year an amount to meet the cash flow requirements of those state building authority projects solely for lease to a state agency identified in both part 1 and this section, and for which state building authority bonds or notes have not been issued, and for the sole acquisition by the state building authority of equipment and furnishings for lease to a state agency as permitted by 1964 PA 183, MCL 830.411 to 830.425, for which the issuance of bonds or notes is authorized by a legislative appropriation act that is effective for the immediately preceding fiscal year. Any general fund advances for which state building authority bonds have not been issued shall bear an interest cost to the state building authority at a rate not to exceed that earned by the state treasurer’s common cash fund during the period in which the advances are outstanding and are repaid to the general fund of the state. (2) Upon sale of bonds or notes for the projects identified in part 1 or for equipment as authorized by a legislative appropriation act and in this section, the state building authority shall credit the general fund of the state an amount equal to that expended from the general fund plus interest, if any, as defined in this section. (3) For state building authority projects for which bonds or notes have been issued and upon the request of the state building authority, the state treasurer shall make advances without interest from the general fund as necessary to meet cash flow requirements for the projects, which advances shall be reimbursed by the state building authority when the investments earmarked for the financing of the projects mature. (4) In the event that a project identified in part 1 is terminated after final design is complete, advances made on behalf of the state building authority for the costs of final design shall be repaid to the general fund in a manner recommended by the director. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1205 Sec. 1102. (1) State building authority funding to finance construction or renovation of a facility that collects revenue in excess of money required for the operation of that facility shall not be released to a university or community college unless the institution agrees to reimburse that excess revenue to the state building authority. The excess revenue shall be credited to the general fund to offset rent obligations associated with the retirement of bonds issued for that facility. The auditor general shall annually identify and present an audit of those facilities that are subject to this section. Costs associated with the administration of the audit shall be charged against money recovered pursuant to this section. (2) As used in this section, “revenue” includes state appropriations, facility opening money, other state aid, indirect cost reimbursement, and other revenue generated by the activities of the facility. Sec. 1103. The state building authority shall provide to the JCOS and senate and house fiscal agencies a report relative to the status of construction projects associated with state building authority bonds as of September 30 of each year, on or before October 15, or not more than 30 days after a refinancing or restructuring bond issue is sold. The report shall include, but is not limited to, the following: (a) A list of all completed construction projects for which state building authority bonds have been sold, and which bonds are currently active. (b) A list of all projects under construction for which sale of state building authority bonds is pending. (c) A list of all projects authorized for construction or identified in an appropriations act for which approval of schematic/ preliminary plans or total authorized cost is pending that have state building authority bonds identified as a source of financing. REVENUE STATEMENT Sec. 1201. Pursuant to section 18 of article V of the state constitution of 1963, fund balances and estimates are presented in the following statement: BUDGET RECOMMENDATIONS BY OPERATING FUNDS (Amounts in millions) Fiscal Year 2016‑2017 Beginning Available Estimated Ending Fund Balance Revenue Balance OPERATING FUNDS General fund/general purpose.................................................... 0110 136.6 9,840.5 0.3 General fund/special purpose..................................................... 875.0 28,609.1 664.2 Special Revenue Funds: Countercyclical budget and economic stabilization................... 0111 611.0 17.9 628.9 Game and fish protection........................................................... 0112 3.5 82.9 3.7 Michigan employment security act administration.................... 0113 0.0 42.1 0.0 State aeronautics........................................................................ 0114 2.7 17.6 0.0 Michigan veterans’ benefit trust................................................ 0115 0.0 3.7 0.0 State trunkline............................................................................ 0116 0.0 1,001.5 0.0 Michigan state waterways.......................................................... 0117 8.2 30.8 6.5 Blue Water Bridge...................................................................... 0118 18.9 23.6 0.0 Michigan transportation............................................................. 0119 0.0 2,514.9 0.0 Comprehensive transportation................................................... 0120 3.8 316.7 0.0 School aid................................................................................... 0122 104.0 12,445.8 0.0 21st century jobs fund................................................................ 0383 81.6 75.0 65.9 Detroit public schools trust fund................................................ NEW 0.0 72.0 0.0 Game and fish protection trust................................................... 0124 0.0 15.9 0.0 State park improvement............................................................. 0125 12.6 57.5 7.9 Forest development.................................................................... 0126 12.7 40.9 8.2 Michigan natural resources trust................................................ 0129 13.4 32.9 30.6 Michigan state parks endowment............................................... 0130 0.5 40.9 0.5 Safety education and training..................................................... 0131 5.2 9.6 4.5 Bottle deposit............................................................................. 0136 5.7 14.9 2.6 State construction code.............................................................. 0138 7.2 8.4 7.4 Children’s trust........................................................................... 0139 1.8 1.2 1.2 State casino gaming................................................................... 0140 1.7 0.3 2.0 Michigan nongame fish and wildlife......................................... 0143 0.4 0.5 0.3 Michigan merit award trust........................................................ 0154 48.7 28.6 0.0 Outdoor recreation legacy.......................................................... 0162 1.1 3.0 1.1 1206 JOURNAL OF THE SENATE [June 8, 2016] Off‑road vehicle account............................................................ 0163 Snowmobile account.................................................................. 0164 Silicosis dust disease and logging.............................................. 0870 Utility consumer representation................................................. 0893 TOTALS..................................................................................... [No. 57 5.7 7.2 5.4 5.6 11.6 5.5 1.4 0.9 1.2 1.6 1.2 1.5 $1,936.9 $55,369.6 $1,449.4 ARTICLE X DEPARTMENT OF HEALTH AND HUMAN SERVICES PART 1 LINE‑ITEM APPROPRIATIONS Sec. 101. There is appropriated for the department of health and human services for the fiscal year ending September 30, 2017, from the following funds: DEPARTMENT OF HEALTH AND HUMAN SERVICES APPROPRIATION SUMMARY Full‑time equated unclassified positions............................................................................. 6.0 Full‑time equated classified positions........................................................................ 15,570.5 Average population.......................................................................................................... 770.0 GROSS APPROPRIATION.......................................................................................................... $ 24,841,836,800 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 13,513,700 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 24,828,323,100 Federal revenues: Social security act, temporary assistance for needy families....................................................... 556,850,000 Capped federal revenues............................................................................................................... 596,489,100 Total other federal revenues......................................................................................................... 16,727,563,100 Special revenue funds: Total local revenues...................................................................................................................... 124,445,800 Total private revenues................................................................................................................... 154,259,300 Total local and private revenues................................................................................................... 278,705,100 Michigan merit award trust fund.................................................................................................. 23,807,900 Total other state restricted revenues............................................................................................. 2,270,359,600 State general fund/general purpose.............................................................................................. $ 4,374,548,300 Sec. 102. DEPARTMENTWIDE ADMINISTRATION Full‑time equated unclassified positions............................................................................. 6.0 Full‑time equated classified positions............................................................................. 687.2 Director and other unclassified—6.0 FTE positions.................................................................... $ 1,119,300 Departmental administration and management—493.2 FTE positions........................................ 79,489,000 Demonstration projects—7.0 FTE positions................................................................................ 7,355,100 Developmental disabilities council and projects—10.0 FTE positions........................................ 3,067,000 Information technology projects and services.............................................................................. 158,998,300 Michigan Medicaid information system....................................................................................... 50,634,400 Office of inspector general—177.0 FTE positions....................................................................... 21,633,000 Rent and state office facilities...................................................................................................... 62,783,800 State office of administrative hearings and rules......................................................................... 11,140,300 Terminal pay and other employee costs....................................................................................... 5,686,100 Worker’s compensation program.................................................................................................. 7,956,500 GROSS APPROPRIATION.......................................................................................................... $ 409,862,800 Appropriated from: Interdepartmental grant revenues: IDG from department of education.............................................................................................. 2,979,000 Federal revenues: Social security act, temporary assistance for needy families....................................................... 44,896,800 Capped federal revenues............................................................................................................... 32,314,000 Total other federal revenues......................................................................................................... 147,838,200 Special revenue funds: Total local revenues...................................................................................................................... 16,400 Total private revenues................................................................................................................... 23,842,000 Total other state restricted revenues............................................................................................. 2,824,600 State general fund/general purpose.............................................................................................. $ 155,151,800 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1207 For Fiscal Year Ending Sept. 30, 2017 Sec. 103. CHILD SUPPORT ENFORCEMENT Full‑time equated classified positions............................................................................. 185.7 Child support enforcement operations—179.7 FTE positions..................................................... $ Legal support contracts................................................................................................................ Child support incentive payments................................................................................................ State disbursement unit—6.0 FTE positions................................................................................ Child support automation............................................................................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Capped federal revenues............................................................................................................... Total other federal revenues......................................................................................................... Special revenue funds: State general fund/general purpose.............................................................................................. $ Sec. 104. COMMUNITY SERVICES AND OUTREACH Full‑time equated classified positions............................................................................... 74.6 Bureau of community services and outreach—20.0 FTE positions............................................. $ Community services block grant.................................................................................................. Weatherization assistance............................................................................................................. School success partnership program............................................................................................ Homeless programs...................................................................................................................... Domestic violence prevention and treatment—14.6 FTE positions............................................. Rape prevention and services—0.5 FTE position........................................................................ Child advocacy centers—0.5 FTE position.................................................................................. Michigan community service commission—15.0 FTE positions................................................. Housing and support services....................................................................................................... Crime victim grants administration services—13.0 FTE positions.............................................. Crime victim justice assistance grants......................................................................................... Crime victim rights services grants.............................................................................................. Community services and outreach administration—11.0 FTE positions..................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Social security act, temporary assistance for needy families....................................................... Capped federal revenues............................................................................................................... Total other federal revenues......................................................................................................... Special revenue funds: Private ‑ collections...................................................................................................................... Compulsive gambling prevention fund......................................................................................... Sexual assault victims’ prevention and treatment fund................................................................ Child advocacy centers fund........................................................................................................ Crime victim’s rights fund........................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 105. CHILDREN’S SERVICES AGENCY ‑ CHILD WELFARE Full‑time equated classified positions.......................................................................... 3,896.2 Children’s services administration—172.0 FTE positions........................................................... $ Title IV‑E compliance and accountability office—4.0 FTE positions......................................... Child welfare institute—45.0 FTE positions................................................................................ Child welfare field staff ‑ caseload compliance—2,511.0 FTE positions.................................... Child welfare field staff ‑ noncaseload compliance—320.0 FTE positions................................. Education planners—15.0 FTE positions..................................................................................... Peer coaches—45.5 FTE positions............................................................................................... Child welfare first line supervisors—578.0 FTE positions.......................................................... Second line supervisors and technical staff—54.0 FTE positions............................................... Permanency resource managers—28.0 FTE positions................................................................. Contractual services, supplies, and materials............................................................................... 22,151,300 113,359,100 24,409,600 8,101,700 41,877,600 209,899,300 11,395,000 163,998,000 34,506,300 2,503,700 25,840,000 16,340,000 450,000 15,721,900 15,766,200 5,097,300 2,000,000 11,621,300 13,031,000 2,165,100 59,279,300 16,870,000 1,709,100 188,394,900 11,686,700 66,215,400 76,265,100 44,100 1,040,500 3,000,000 2,000,000 15,327,200 12,815,900 19,900,700 421,300 7,820,400 230,862,600 33,671,400 1,521,100 5,702,100 72,313,800 8,833,600 3,170,200 9,280,000 1208 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 Settlement monitor....................................................................................................................... $ 1,885,800 Foster care payments.................................................................................................................... 185,628,400 Guardianship assistance program................................................................................................. 11,153,700 Child care fund............................................................................................................................. 183,375,800 Child care fund administration—4.2 FTE positions..................................................................... 592,900 Adoption subsidies....................................................................................................................... 222,808,700 Adoption support services—10.0 FTE positions.......................................................................... 27,176,700 Youth in transition—4.5 FTE positions........................................................................................ 15,301,900 Child welfare medical/psychiatric evaluations............................................................................. 10,435,500 Psychotropic oversight................................................................................................................. 618,200 Performance based funding implementation—3.0 FTE positions................................................ 1,778,900 Family support subsidy................................................................................................................ 16,951,400 Interstate compact......................................................................................................................... 179,600 Strong families/safe children........................................................................................................ 12,350,100 Family preservation programs—23.0 FTE positions.................................................................... 38,872,800 Family preservation and prevention services administration—9.0 FTE positions....................... 1,291,300 Child abuse and neglect ‑ children’s justice act—1.0 FTE position............................................ 621,800 Children’s trust fund—12.0 FTE positions.................................................................................. 3,323,400 Attorney general contract............................................................................................................. 4,321,800 Prosecuting attorney contracts...................................................................................................... 3,061,700 Child protection............................................................................................................................ 800,300 Child welfare licensing—57.0 FTE positions.............................................................................. 6,549,800 Child welfare administration travel.............................................................................................. 375,000 GROSS APPROPRIATION.......................................................................................................... $ 1,142,952,700 Appropriated from: Interdepartmental grant revenues: IDG from department of education.............................................................................................. 90,200 Federal revenues: Social security act, temporary assistance for needy families....................................................... 360,871,800 Capped federal revenues............................................................................................................... 110,163,000 Total other federal revenues......................................................................................................... 247,761,700 Special revenue funds: Private ‑ collections...................................................................................................................... 2,424,000 Local funds ‑ county chargeback................................................................................................. 14,194,000 Children’s trust fund..................................................................................................................... 2,090,500 State general fund/general purpose.............................................................................................. $ 405,357,500 Sec. 106. CHILDREN’S SERVICES AGENCY ‑ JUVENILE JUSTICE Full‑time equated classified positions............................................................................. 111.5 W.J. Maxey Training School........................................................................................................ $ 500,000 Bay Pines Center—42.0 FTE positions........................................................................................ 4,933,300 Shawono Center—42.0 FTE positions......................................................................................... 5,021,400 County juvenile officers............................................................................................................... 3,904,300 Community support services—3.0 FTE positions........................................................................ 2,110,500 Juvenile justice, administration and maintenance—22.0 FTE positions...................................... 3,543,700 Committee on juvenile justice administration—2.5 FTE positions.............................................. 350,700 Committee on juvenile justice grants........................................................................................... 3,000,000 GROSS APPROPRIATION.......................................................................................................... $ 23,363,900 Appropriated from: Federal revenues: Capped federal revenues............................................................................................................... 8,018,200 Total other federal revenues......................................................................................................... 5,000 Special revenue funds: Local funds ‑ state share education funds.................................................................................... 1,324,200 Local funds ‑ county chargeback................................................................................................. 4,502,800 State general fund/general purpose.............................................................................................. $ 9,513,700 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1209 For Fiscal Year Ending Sept. 30, 2017 Sec. 107. PUBLIC ASSISTANCE Full‑time equated classified positions................................................................................. 8.0 Family independence program..................................................................................................... $ 97,669,100 State disability assistance payments............................................................................................. 11,553,800 Food assistance program benefits................................................................................................. 2,348,117,400 State supplementation................................................................................................................... 62,259,300 State supplementation administration........................................................................................... 2,381,100 Low‑income home energy assistance program............................................................................. 174,951,600 Food Bank Council of Michigan.................................................................................................. 2,045,000 Multicultural integration funding................................................................................................. 13,303,800 Indigent burial.............................................................................................................................. 4,375,000 Emergency services local office allocations................................................................................. 10,357,500 Michigan energy assistance program—1.0 FTE position............................................................. 50,000,000 Refugee assistance program—7.0 FTE positions......................................................................... 27,986,100 GROSS APPROPRIATION.......................................................................................................... $ 2,804,999,700 Appropriated from: Federal revenues: Social security act, temporary assistance for needy families....................................................... 61,171,100 Capped federal revenues............................................................................................................... 205,500,300 Total other federal revenues......................................................................................................... 2,340,249,300 Special revenue funds: Child support collections.............................................................................................................. 10,863,700 Supplemental security income recoveries.................................................................................... 5,115,900 Public assistance recoupment revenue.......................................................................................... 6,290,000 Low‑income energy assistance fund............................................................................................. 50,000,000 State general fund/general purpose.............................................................................................. $ 125,809,400 Sec. 108. FIELD OPERATIONS AND SUPPORT SERVICES Full‑time equated classified positions.......................................................................... 6,501.5 Public assistance field staff—4,703.5 FTE positions................................................................... $ 475,636,200 Contractual services, supplies, and materials............................................................................... 16,282,000 Medical/psychiatric evaluations.................................................................................................... 1,420,100 Donated funds positions—538.0 FTE positions........................................................................... 60,878,700 Training and program support—20.0 FTE positions.................................................................... 2,432,000 Volunteer services and reimbursement......................................................................................... 942,400 Field policy and administration—66.0 FTE positions.................................................................. 10,262,400 Adult services field staff—425.0 FTE positions.......................................................................... 44,864,400 Nutrition education—2.0 FTE positions...................................................................................... 23,042,700 Employment and training support services.................................................................................. 4,219,100 Michigan rehabilitation services—526.0 FTE positions.............................................................. 131,221,800 Independent living........................................................................................................................ 12,031,600 Electronic benefit transfer (EBT)................................................................................................. 8,509,000 Administrative support workers—221.0 FTE positions............................................................... 12,754,900 Elder Law of Michigan MiCAFE contract................................................................................... 350,000 Field staff travel........................................................................................................................... 8,103,900 SSI advocacy legal services......................................................................................................... 500,000 GROSS APPROPRIATION.......................................................................................................... $ 813,451,200 Appropriated from: Interdepartmental grant revenues: IDG from department of corrections............................................................................................ 101,200 IDG from department of education.............................................................................................. 7,678,800 Federal revenues: Social security act, temporary assistance for needy families....................................................... 67,455,800 Capped federal revenues............................................................................................................... 161,523,300 Federal supplemental security income......................................................................................... 8,588,600 Total other federal revenues......................................................................................................... 256,990,200 1210 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 Special revenue funds: Local funds ‑ donated funds......................................................................................................... $ 11,067,200 Local vocational rehabilitation match.......................................................................................... 6,534,600 Private funds ‑ donated funds....................................................................................................... 18,420,200 Private funds ‑ gifts, bequests, and donations.............................................................................. 1,854,600 Rehabilitation service fees............................................................................................................ 384,500 Second injury fund....................................................................................................................... 38,300 State general fund/general purpose.............................................................................................. $ 272,813,900 Sec. 109. DISABILITY DETERMINATION SERVICES Full‑time equated classified positions............................................................................. 587.4 Disability determination operations—583.3 FTE positions......................................................... $ 111,392,700 Retirement disability determination—4.1 FTE positions............................................................. 602,900 GROSS APPROPRIATION.......................................................................................................... $ 111,995,600 Appropriated from: Interdepartmental grant revenues: IDG from DTMB ‑ office of retirement services......................................................................... 778,300 Federal revenues: Total other federal revenues......................................................................................................... 107,784,000 State general fund/general purpose.............................................................................................. $ 3,433,300 Sec. 110. BEHAVIORAL HEALTH PROGRAM ADMINISTRATION AND SPECIAL PROJECTS Full‑time equated classified positions............................................................................... 97.0 Behavioral health program administration—77.0 FTE positions................................................. $ 54,184,200 Gambling addiction—1.0 FTE position....................................................................................... 3,005,900 Protection and advocacy services support.................................................................................... 194,400 Community residential and support services................................................................................ 592,100 Federal and other special projects................................................................................................ 2,535,600 Office of recipient rights—19.0 FTE positions............................................................................ 2,700,000 GROSS APPROPRIATION.......................................................................................................... $ 63,212,200 Appropriated from: Federal revenues: Total other federal revenues......................................................................................................... 33,062,100 Special revenue funds: Total private revenues................................................................................................................... 1,004,700 Total other state restricted revenues............................................................................................. 3,005,900 State general fund/general purpose.............................................................................................. $ 26,139,500 Sec. 111. BEHAVIORAL HEALTH SERVICES Full‑time equated classified positions................................................................................. 9.5 Medicaid mental health services.................................................................................................. $ 2,336,960,100 Community mental health non‑Medicaid services....................................................................... 120,050,400 Medicaid substance use disorder services.................................................................................... 53,392,400 Civil service charges.................................................................................................................... 1,499,300 Federal mental health block grant—2.5 FTE positions................................................................ 15,454,600 State disability assistance program substance use disorder services............................................ 2,018,800 Community substance use disorder prevention, education, and treatment................................... 73,811,800 Children’s waiver home care program......................................................................................... 20,241,100 Nursing home PAS/ARR‑OBRA—7.0 FTE positions.................................................................. 12,272,000 Children with serious emotional disturbance waiver................................................................... 10,000,000 Health homes................................................................................................................................ 3,369,000 Healthy Michigan plan ‑ behavioral health.................................................................................. 247,822,900 Autism services............................................................................................................................ 61,168,400 University autism programs.......................................................................................................... 1,000,000 GROSS APPROPRIATION.......................................................................................................... $ 2,959,060,800 Appropriated from: Federal revenues: Total other federal revenues......................................................................................................... 1,953,136,000 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1211 For Fiscal Year Ending Sept. 30, 2017 Special revenue funds: Total local revenues...................................................................................................................... $ 25,475,800 Total other state restricted revenues............................................................................................. 22,512,700 State general fund/general purpose.............................................................................................. $ 957,936,300 Sec. 112. STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL HEALTH SERVICES Total average population.................................................................................................. 770.0 Full‑time equated classified positions.......................................................................... 2,220.9 Caro Regional Mental Health Center ‑ psychiatric hospital ‑ adult—461.3 FTE positions........ $ 57,270,900 Average population.......................................................................................................... 145.0 Kalamazoo Psychiatric Hospital ‑ adult—466.1 FTE positions................................................... 65,674,600 Average population.......................................................................................................... 170.0 Walter P. Reuther Psychiatric Hospital ‑ adult—420.8 FTE positions......................................... 56,872,000 Average population.......................................................................................................... 160.0 Hawthorn Center ‑ psychiatric hospital ‑ children and adolescents—265.4 FTE positions......... 29,142,500 Average population............................................................................................................ 55.0 Center for forensic psychiatry—607.3 FTE positions.................................................................. 81,702,000 Average population.......................................................................................................... 240.0 Revenue recapture........................................................................................................................ 750,000 IDEA, federal special education................................................................................................... 120,000 Special maintenance..................................................................................................................... 332,500 Purchase of medical services for residents of hospitals and centers............................................ 445,600 Gifts and bequests for patient living and treatment environment................................................ 1,000,000 GROSS APPROPRIATION.......................................................................................................... $ 293,310,100 Appropriated from: Federal revenues: Total other federal revenues......................................................................................................... 35,245,300 Special revenue funds: Other local revenues..................................................................................................................... 19,886,700 Total private revenues................................................................................................................... 1,000,000 Total other state restricted revenues............................................................................................. 19,238,100 State general fund/general purpose.............................................................................................. $ 217,940,000 Sec. 113. HEALTH POLICY Full‑time equated classified positions............................................................................... 32.8 Bone marrow transplant registry.................................................................................................. $ 250,000 Certificate of need program administration—12.3 FTE positions............................................... 2,803,800 Health innovation grants............................................................................................................... 1,000,000 Health policy administration—15.1 FTE positions...................................................................... 11,564,000 Human trafficking intervention services....................................................................................... 200,000 Michigan essential health provider............................................................................................... 3,591,300 Minority health grants and contracts............................................................................................ 612,700 Nurse education and research program—3.0 FTE positions........................................................ 780,900 Primary care services—1.4 FTE positions................................................................................... 4,068,500 Rural health services—1.0 FTE position..................................................................................... 1,555,500 GROSS APPROPRIATION.......................................................................................................... $ 26,426,700 Appropriated from: Interdepartmental grant revenues: Interdepartmental grant from the department of licensing and regulatory affairs....................... 780,900 Interdepartmental grant from the department of treasury, Michigan state hospital finance authority.................................................................................................................................... 117,700 Federal revenues: Total other federal revenues......................................................................................................... 16,631,200 Special revenue funds: Total private revenues................................................................................................................... 865,000 Total other state restricted revenues............................................................................................. 2,686,100 State general fund/general purpose.............................................................................................. $ 5,345,800 1212 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 Sec. 114. LABORATORY SERVICES Full‑time equated classified positions............................................................................. 100.0 Laboratory services—100.0 FTE positions.................................................................................. $ 20,520,500 GROSS APPROPRIATION.......................................................................................................... $ 20,520,500 Appropriated from: Interdepartmental grant revenues: Interdepartmental grant from the department of environmental quality...................................... 987,600 Federal revenues: Total other federal revenues......................................................................................................... 2,326,300 Special revenue funds: Total other state restricted revenues............................................................................................. 10,403,900 State general fund/general purpose.............................................................................................. $ 6,802,700 Sec. 115. DISEASE CONTROL, PREVENTION, AND EPIDEMIOLOGY Full‑time equated classified positions............................................................................... 74.9 Epidemiology administration—43.6 FTE positions..................................................................... $ 16,044,500 Healthy homes program—8.0 FTE positions............................................................................... 4,254,900 Immunization program—12.8 FTE positions............................................................................... 16,872,100 Newborn screening follow‑up and treatment services—10.5 FTE positions............................... 7,253,500 GROSS APPROPRIATION.......................................................................................................... $ 44,425,000 Appropriated from: Federal revenues: Total other federal revenues......................................................................................................... 28,704,900 Special revenue funds: Total private revenues................................................................................................................... 339,400 Total other state restricted revenues............................................................................................. 9,501,300 State general fund/general purpose.............................................................................................. $ 5,879,400 Sec. 116. LOCAL HEALTH AND ADMINISTRATIVE SERVICES Full‑time equated classified positions............................................................................. 236.2 AIDS prevention, testing, and care programs—47.7 FTE positions............................................ $ 70,605,900 Cancer prevention and control program—13.0 FTE positions..................................................... 15,051,600 Chronic disease control and health promotion administration—27.4 FTE positions................... 6,044,800 Dental programs—3.8 FTE positions........................................................................................... 3,499,800 Diabetes and kidney program—8.0 FTE positions...................................................................... 3,049,100 Essential local public health services........................................................................................... 40,886,100 Health and wellness initiatives—11.7 FTE positions................................................................... 8,994,100 Implementation of 1993 PA 133, MCL 333.17015...................................................................... 20,000 Local health services—1.3 FTE positions.................................................................................... 452,500 Medicaid outreach cost reimbursement to local health departments............................................ 9,000,000 Public health administration—7.0 FTE positions......................................................................... 1,566,800 Sexually transmitted disease control program—20.0 FTE positions........................................... 6,279,600 Smoking prevention program—12.0 FTE positions..................................................................... 2,142,100 Violence prevention—2.9 FTE positions...................................................................................... 2,122,500 Vital records and health statistics—81.4 FTE positions.............................................................. 11,932,300 GROSS APPROPRIATION.......................................................................................................... $ 181,647,200 Appropriated from: Federal revenues: Capped federal revenues............................................................................................................... 81,100 Total other federal revenues......................................................................................................... 71,396,700 Special revenue funds: Total local revenues...................................................................................................................... 5,150,000 Total private revenues................................................................................................................... 39,028,400 Total other state restricted revenues............................................................................................. 20,164,900 State general fund/general purpose.............................................................................................. $ 45,826,100 Sec. 117. FAMILY, MATERNAL, AND CHILD HEALTH Full‑time equated classified positions............................................................................. 110.8 Childhood lead program—2.5 FTE positions............................................................................... $ 1,571,400 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1213 For Fiscal Year Ending Sept. 30, 2017 Family, maternal, and child health administration—49.3 FTE positions..................................... $ Family planning local agreements................................................................................................ Local MCH services..................................................................................................................... Pregnancy prevention program..................................................................................................... Prenatal care outreach and service delivery support—14.0 FTE positions.................................. Special projects............................................................................................................................ Sudden and unexpected infant death and suffocation program.................................................... Women, infants, and children program administration and special projects—45.0 FTE positions... Women, infants, and children program local agreements and food costs.................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Social security act, temporary assistance for needy families....................................................... Total other federal revenues......................................................................................................... Special revenue funds: Total local revenues...................................................................................................................... Total private revenues................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 118. EMERGENCY MEDICAL SERVICES, TRAUMA, AND PREPAREDNESS Full‑time equated classified positions............................................................................... 75.0 Bioterrorism preparedness—52.0 FTE positions.......................................................................... $ Emergency medical services program—23.0 FTE positions........................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Total other federal revenues......................................................................................................... Special revenue funds: Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 119. CHILDREN’S SPECIAL HEALTH CARE SERVICES Full‑time equated classified positions............................................................................... 46.8 Children’s special health care services administration—44.0 FTE positions.............................. $ Bequests for care and services—2.8 FTE positions..................................................................... Outreach and advocacy................................................................................................................. Nonemergency medical transportation......................................................................................... Medical care and treatment.......................................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Total other federal revenues......................................................................................................... Special revenue funds: Total private revenues................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 120. AGING AND ADULT SERVICES AGENCY Full‑time equated classified positions............................................................................... 48.0 Aging and adult services administration—48.0 FTE positions.................................................... $ Community services..................................................................................................................... Nutrition services......................................................................................................................... Employment assistance................................................................................................................. Respite care program.................................................................................................................... Senior volunteer service programs............................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Capped federal revenues............................................................................................................... Total other federal revenues......................................................................................................... 8,460,900 8,310,700 7,018,100 602,100 19,322,600 6,289,100 321,300 18,014,400 256,285,000 326,195,600 400,000 254,324,000 75,000 61,702,400 9,694,200 30,207,700 6,563,600 36,771,300 31,332,300 4,004,900 1,434,100 5,990,100 1,534,800 5,510,000 905,900 245,874,100 259,814,900 120,964,300 1,013,200 3,383,000 134,454,400 9,344,100 41,663,900 39,044,000 3,500,000 5,868,700 4,465,300 103,886,000 368,100 57,898,600 1214 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 Special revenue funds: Total private revenues................................................................................................................... $ 520,000 Michigan merit award trust fund.................................................................................................. 4,068,700 Total other state restricted revenues............................................................................................. 1,400,000 State general fund/general purpose.............................................................................................. $ 39,630,600 Sec. 121. MEDICAL SERVICES ADMINISTRATION Full‑time equated classified positions............................................................................. 465.5 Medical services administration—395.5 FTE positions............................................................... $ 83,565,600 Healthy Michigan plan administration—31.0 FTE positions....................................................... 59,302,500 Electronic health record incentive program—24.0 FTE positions............................................... 144,297,800 Technology supporting integrated service delivery—15.0 FTE positions.................................... 6,308,000 GROSS APPROPRIATION.......................................................................................................... $ 293,473,900 Appropriated from: Federal revenues: Social security act, temporary assistance for needy families....................................................... 749,600 Capped federal revenues............................................................................................................... 910,700 Total other federal revenues......................................................................................................... 244,619,100 Special revenue funds: Total local revenues...................................................................................................................... 107,300 Total private revenues................................................................................................................... 101,300 Total other state restricted revenues............................................................................................. 336,300 State general fund/general purpose.............................................................................................. $ 46,649,600 Sec. 122. MEDICAL SERVICES Hospital services and therapy....................................................................................................... $ 1,110,000,000 Hospital disproportionate share payments.................................................................................... 45,000,000 Physician services......................................................................................................................... 321,041,000 Medicare premium payments....................................................................................................... 472,654,500 Pharmaceutical services................................................................................................................ 537,467,000 Home health services................................................................................................................... 6,235,000 Hospice services........................................................................................................................... 105,531,400 Transportation............................................................................................................................... 21,418,300 Auxiliary medical services........................................................................................................... 6,235,700 Dental services............................................................................................................................. 247,307,000 Ambulance services...................................................................................................................... 18,376,100 Long‑term care services............................................................................................................... 1,658,317,700 Integrated care organizations........................................................................................................ 230,633,300 Medicaid home‑ and community‑based services waiver.............................................................. 322,781,100 Adult home help services............................................................................................................. 310,389,700 Personal care services................................................................................................................... 11,043,700 Program of all‑inclusive care for the elderly............................................................................... 87,874,800 Health plan services..................................................................................................................... 4,923,494,400 Federal Medicare pharmaceutical program.................................................................................. 249,182,100 Maternal and child health............................................................................................................. 20,279,500 Healthy Michigan plan................................................................................................................. 3,271,498,000 Subtotal basic medical services program..................................................................................... 13,976,760,300 School‑based services................................................................................................................... 109,937,200 Dental clinic program................................................................................................................... 2,000,000 Special Medicaid reimbursement................................................................................................. 368,887,600 Subtotal special medical services payments................................................................................. 480,824,800 GROSS APPROPRIATION.......................................................................................................... $ 14,457,585,100 Appropriated from: Federal revenues: Total other federal revenues......................................................................................................... 10,487,392,600 Special revenue funds: Total local revenues...................................................................................................................... 36,111,800 Total private revenues................................................................................................................... 2,100,000 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1215 For Fiscal Year Ending Sept. 30, 2017 Michigan merit award trust fund.................................................................................................. $ 19,739,200 Total other state restricted revenues............................................................................................. 2,074,273,400 State general fund/general purpose.............................................................................................. $ 1,837,968,100 Sec. 123. ONE‑TIME BASIS ONLY APPROPRIATIONS Full‑time equated classified positions................................................................................. 1.0 Family preservation programs—1.0 FTE position....................................................................... $ 6,098,200 Integrated service delivery............................................................................................................ 36,922,500 Drinking water declaration of emergency.................................................................................... 15,138,100 MiSACWIS implementation......................................................................................................... 11,538,600 Autism navigator.......................................................................................................................... 565,000 Demonstration projects ‑ Michigan 2‑1‑1.................................................................................... 300,000 Mobile electronic service verification study................................................................................ 25,000 GROSS APPROPRIATION.......................................................................................................... $ 70,587,400 Appropriated from: Federal revenues: Social security act, temporary assistance for needy families....................................................... 9,618,200 Total other federal revenues......................................................................................................... 41,049,600 Special revenue funds: Total other state restricted revenues............................................................................................. 473,900 State general fund/general purpose.............................................................................................. $ 19,445,700 PART 2 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2016‑2017 GENERAL SECTIONS Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2016‑2017 is $6,668,715,800.00 and state spending from state resources to be paid to local units of government for fiscal year 2016‑2017 is $1,316,100,200.00. The itemized statement below identifies appropriations from which spending to local units of government will occur: DEPARTMENT OF HEALTH AND HUMAN SERVICES COMMUNITY SERVICES AND OUTREACH Housing and support services....................................................................................................... $ 638,300 Crime victim rights services grants.............................................................................................. 6,825,000 CHILDREN’S SERVICES AGENCY ‑ CHILD WELFARE Child care fund............................................................................................................................. $ 139,165,200 CHILDREN’S SERVICES AGENCY ‑ JUVENILE JUSTICE County juvenile officers............................................................................................................... $ 3,525,200 PUBLIC ASSISTANCE Family independence program..................................................................................................... $ 8,500 State disability assistance payments............................................................................................. 948,400 Multicultural integration funding................................................................................................. 5,478,200 BEHAVIORAL HEALTH PROGRAM ADMINISTRATION AND SPECIAL PROJECTS Community residential and support services................................................................................ $ 292,100 BEHAVIORAL HEALTH SERVICES Medicaid mental health services.................................................................................................. $ 780,138,400 Community mental health non‑Medicaid services....................................................................... 120,050,400 Medicaid substance use disorder services.................................................................................... 18,455,200 State disability assistance program substance use disorder services............................................ 2,018,800 Community substance use disorder prevention, education, and treatment................................... 13,547,400 Children’s waiver home care program......................................................................................... 6,824,000 Nursing home PAS/ARR‑OBRA.................................................................................................. 2,727,800 Children with serious emotional disturbance waiver................................................................... 2,500,000 Healthy Michigan plan – behavioral health................................................................................. 8,911,400 Autism services............................................................................................................................ 21,211,900 HEALTH POLICY Primary care services................................................................................................................... $ 87,700 1216 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 LABORATORY SERVICES Laboratory services...................................................................................................................... $ 5,200 DISEASE CONTROL, PREVENTION, AND EPIDEMIOLOGY Immunization program................................................................................................................. $ 1,042,700 LOCAL HEALTH AND ADMINISTRATIVE SERVICES AIDS prevention, testing, and care programs.............................................................................. $ 929,400 Cancer prevention and control program....................................................................................... 102,700 Chronic disease control and health promotion administration..................................................... 7,100 Essential local public health services........................................................................................... 34,199,500 Health and wellness initiatives..................................................................................................... 1,918,300 Implementation of 1993 PA 133, MCL 333.17015...................................................................... 300 Sexually transmitted disease control program.............................................................................. 194,300 FAMILY, MATERNAL, AND CHILD HEALTH Prenatal care outreach and service delivery support.................................................................... $ 3,469,800 CHILDREN’S SPECIAL HEALTH CARE SERVICES Outreach and advocacy................................................................................................................. $ 2,755,000 Medical care and treatment.......................................................................................................... 949,800 AGING AND ADULT SERVICES AGENCY Community services..................................................................................................................... $ 19,033,500 Nutrition services......................................................................................................................... 11,087,000 Respite care program.................................................................................................................... 5,868,700 Senior volunteer service programs............................................................................................... 963,600 MEDICAL SERVICES Hospital services and therapy....................................................................................................... $ 2,449,500 Physician services......................................................................................................................... 12,504,900 Transportation............................................................................................................................... 949,800 Dental services............................................................................................................................. 1,402,400 Long‑term care services............................................................................................................... 82,912,800 TOTAL OF PAYMENTS TO LOCAL UNITS OF GOVERNMENT.............................................. $ 1,316,100,200 Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. Sec. 203. As used in this part and part 1: (a) “AIDS” means acquired immunodeficiency syndrome. (b) “CMHSP” means a community mental health services program as that term is defined in section 100a of the mental health code, 1974 PA 258, MCL 330.1100a. (c) “Current fiscal year” means the fiscal year ending September 30, 2017. (d) “Department” means the department of health and human services. (e) “Director” means the director of the department. (f) “DSH” means disproportionate share hospital. (g) “EPSDT” means early and periodic screening, diagnosis, and treatment. (h) “Federal poverty level” means the poverty guidelines published annually in the Federal Register by the United States Department of Health and Human Services under its authority to revise the poverty line under 42 USC 9902. (i) “FTE” means full‑time equated. (j) “GME” means graduate medical education. (k) “Health plan” means, at a minimum, an organization that meets the criteria for delivering the comprehensive package of services under the department’s comprehensive health plan. (l) “HEDIS” means healthcare effectiveness data and information set. (m) “HMO” means health maintenance organization. (n) “IDEA” means the individuals with disabilities education act, 20 USC 1400 to 1482. (o) “IDG” means interdepartmental grant. (p) “MCH” means maternal and child health. (q) “Medicaid” mean subchapter XIX of the social security act, 42 USC 1396 to 1396w‑5. (r) “Medicare” means subchapter XVIII of the social security act, 42 USC 1395 to 1395lll. (s) “MiCAFE” means Michigan’s coordinated access to food for the elderly. (t) “MIChild” means the program described in section 1670. (u) “MiSACWIS” means Michigan statewide automated child welfare information system. (v) “PAS/ARR‑OBRA” means the preadmission screening and annual resident review required under the omnibus budget reconciliation act of 1987, section 1919(e)(7) of the social security act, 42 USC 1396r. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1217 (w) “PIHP” means an entity designated by the department as a regional entity or a specialty prepaid inpatient health plan for Medicaid mental health services, services to individuals with developmental disabilities, and substance use disorder services. Regional entities are described in section 204b of the mental health code, 1974 PA 258, MCL 330.1204b. Specialty prepaid inpatient health plans are described in section 232b of the mental health code, 1974 PA 258, MCL 330.1232b. (x) “Previous fiscal year” means the fiscal year ending September 30, 2016. (y) “Settlement” means the settlement agreement entered in the case of Dwayne B. v Snyder, docket no. 2:06‑cv‑13548 in the United States District Court for the Eastern District of Michigan. (z) “SSI” means supplemental security income. (aa) “Temporary assistance for needy families” or “TANF” or “title IV‑A” means part A of subchapter IV of the social security act, 42 USC 601 to 619. (bb) “Title IV‑B” means part B of title IV of the social security act, 42 USC 620 to 629m. (cc) “Title IV‑D” means part D of title IV of the social security act, 42 USC 651 to 669b. (dd) “Title IV‑E” means part E of title IV of the social security act, 42 USC 670 to 679c. (ee) “Title X” means subchapter VIII of the public health service act, 42 USC 300 to 300a‑8, which establishes grants to states for family planning services. Sec. 205. According to section 1b of the social welfare act, 1939 PA 280, MCL 400.1b, the department shall treat part 1 and this part as a time‑limited addendum to the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b. Sec. 206. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $400,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. These funds shall not be made available to increase TANF authorization. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $45,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $40,000,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $60,000,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 207. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department’s performance. Sec. 208. Unless otherwise specified, the departments and agencies receiving appropriations in part 1 shall use the Internet to fulfill the reporting requirements of this part and part 1. This requirement shall include transmission of reports via electronic mail to the recipients identified for each reporting requirement, and it shall include placement of reports on the Internet. Sec. 209. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans if they are competitively priced and of comparable quality. Sec. 210. The director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. Each director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both. Sec. 211. If the revenue collected by the department from fees and collections exceeds the amount appropriated in part 1, the revenue may be carried forward with the approval of the state budget director into the subsequent fiscal year. The revenue carried forward under this section shall be used as the first source of funds in the subsequent fiscal year. Sec. 212. (1) On or before February 1 of the current fiscal year, the department shall report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget director on the detailed name and amounts of estimated federal, restricted, private, and local sources of revenue that support the appropriations in each of the line items in part 1. (2) Upon the release of the next fiscal year executive budget recommendation, the department shall report to the same parties in subsection (1) on the amounts and detailed sources of federal, restricted, private, and local revenue proposed to support the total funds appropriated in each of the line items in part 1 of the next fiscal year executive budget proposal. 1218 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Sec. 213. The state departments, agencies, and commissions receiving tobacco tax funds and Healthy Michigan fund revenue from part 1 shall report by April 1 of the current fiscal year to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget director on the following: (a) Detailed spending plan by appropriation line item including description of programs and a summary of organizations receiving these funds. (b) Description of allocations or bid processes including need or demand indicators used to determine allocations. (c) Eligibility criteria for program participation and maximum benefit levels where applicable. (d) Outcome measures used to evaluate programs, including measures of the effectiveness of these programs in improving the health of Michigan residents. (e) Any other information considered necessary by the house of representatives or senate appropriations committees or the state budget director. Sec. 214. By March 1 and August 1 of the current fiscal year, the department shall report on the number of FTEs in pay status by type of staff. Sec. 215. If a legislative objective of this part or of a bill or amendment to a bill to amend the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, cannot be implemented because implementation would conflict with or violate federal regulations, the department shall notify the state budget director, the chairs of the house and senate subcommittees on the department budget, and the house and senate fiscal agencies and policy offices of that fact. Sec. 216. (1) In addition to funds appropriated in part 1 for all programs and services, there is appropriated for write‑offs of accounts receivable, deferrals, and for prior year obligations in excess of applicable prior year appropriations, an amount equal to total write‑offs and prior year obligations, but not to exceed amounts available in prior year revenues. (2) The department’s ability to satisfy appropriation fund sources in part 1 shall not be limited to collections and accruals pertaining to services provided in the current fiscal year, but shall also include reimbursements, refunds, adjustments, and settlements from prior years. Sec. 217. The departments and agencies receiving appropriations in part 1 shall prepare a report on out‑of‑state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the senate and house appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information: (a) The dates of each travel occurrence. (b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues. Sec. 218. The department shall include, but not be limited to, the following in its annual list of proposed basic health services as required in part 23 of the public health code, 1978 PA 368, MCL 333.2301 to 333.2321: (a) Immunizations. (b) Communicable disease control. (c) Sexually transmitted disease control. (d) Tuberculosis control. (e) Prevention of gonorrhea eye infection in newborns. (f) Screening newborns for the conditions listed in section 5431 of the public health code, 1978 PA 368, MCL 333.5431, or recommended by the newborn screening quality assurance advisory committee created under section 5430 of the public health code, 1978 PA 368, MCL 333.5430. (g) Health and human services annex of the Michigan emergency management plan. (h) Prenatal care. Sec. 219. (1) The department may contract with the Michigan Public Health Institute for the design and implementation of projects and for other public health‑related activities prescribed in section 2611 of the public health code, 1978 PA 368, MCL 333.2611. The department may develop a master agreement with the Institute to carry out these purposes for up to a 3‑year period. The department shall report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget director on or before January 1 of the current fiscal year all of the following: (a) A detailed description of each funded project. (b) The amount allocated for each project, the appropriation line item from which the allocation is funded, and the source of financing for each project. (c) The expected project duration. (d) A detailed spending plan for each project, including a list of all subgrantees and the amount allocated to each subgrantee. (2) On or before September 30 of the current fiscal year, the department shall provide to the same parties listed in subsection (1) a copy of all reports, studies, and publications produced by the Michigan Public Health Institute, its subcontractors, or the department with the funds appropriated in part 1 and allocated to the Michigan Public Health Institute. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1219 Sec. 220. The department shall ensure that faith‑based organizations are able to apply and compete for services, programs, or contracts that they are qualified and suitable to fulfill. The department shall not disqualify faith‑based organizations solely on the basis of the religious nature of their organization or their guiding principles or statements of faith. Sec. 222. (1) The department shall make the entire policy and procedures manual available and accessible to the public via the department website. (2) The department shall report no later than April 1 of the current fiscal year on each specific policy change made to implement a public act affecting the department that took effect during the prior calendar year to the house and senate appropriations subcommittees on the budget for the department, the joint committee on administrative rules, the senate and house fiscal agencies, and policy offices. The department shall attach each policy bulletin issued during the prior calendar year to this report. Sec. 223. The department may establish and collect fees for publications, videos and related materials, conferences, and workshops. Collected fees shall be used to offset expenditures to pay for printing and mailing costs of the publications, videos and related materials, and costs of the workshops and conferences. The department shall not collect fees under this section that exceed the cost of the expenditures. Sec. 224. The department may retain all of the state’s share of food assistance overissuance collections as an offset to general fund/general purpose costs. Retained collections shall be applied against federal funds deductions in all appropriation units where department costs related to the investigation and recoupment of food assistance overissuances are incurred. Retained collections in excess of such costs shall be applied against the federal funds deducted in the departmentwide administration appropriation unit. Sec. 225. (1) Sanctions, suspensions, conditions for provisional license status, and other penalties shall not be more stringent for private service providers than for public entities performing equivalent or similar services. (2) Neither the department nor private service providers or licensees shall be granted preferential treatment or considered automatically to be in compliance with administrative rules based on whether they have collective bargaining agreements with direct care workers. Private service providers or licensees without collective bargaining agreements shall not be subjected to additional requirements or conditions of licensure based on their lack of collective bargaining agreements. Sec. 228. From the funds appropriated in part 1 for Healthy Michigan plan, $1,000,000.00 shall be distributed to the Medicaid health plans to inform residents about Healthy Michigan plan incentives that have been shown to improve health outcomes. The incentives shall be limited to those health outcomes measured within the Healthy Michigan plan evaluation. The department shall not use funds appropriated in part 1 to advertise enrollment in the Healthy Michigan plan. Sec. 229. (1) The department shall extend the interagency agreement with the talent investment agency for the duration of the current fiscal year, which concerns TANF funding to provide job readiness and welfare‑to‑work programming. The interagency agreement shall include specific outcome and performance reporting requirements as described in this section. TANF funding provided to the talent investment agency in the current fiscal year is contingent on compliance with the data and reporting requirements described in this section. The interagency agreement must require the talent investment agency to provide all of the following items by January 1 of the current fiscal year for the previous fiscal year to the senate and house appropriations committees on the department budget: (a) An itemized spending report on TANF funding, including all of the following: (i) Direct services to recipients. (ii) Administrative expenditures. (b) The number of family independence program (FIP) recipients served through the TANF funding, including all of the following: (i) The number and percentage who obtained employment through Michigan Works! (ii) The number and percentage who fulfilled their TANF work requirement through other job readiness programming. (iii) Average TANF spending per recipient. (iv) The number and percentage of recipients who were referred to Michigan Works! but did not receive a job or job readiness placement and the reasons why. (2) Not later than March 1 of the current fiscal year, the department shall provide to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices an annual report on the following matters itemized by Michigan Works! agency: the number of referrals to Michigan Works! job readiness programs, the number of referrals to Michigan Works! job readiness programs who became a participant in the Michigan Works! job readiness programs, the number of participants who obtained employment, and the cost per participant case. Sec. 230. (1) By December 1 of the current fiscal year, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office all of the following information: (a) The process used to define requests for proposals for each expansion of information technology projects, including timelines, project milestones, and intended outcomes. 1220 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (b) If the department decides not to contract the services out to design and implement each element of the information technology expansion, the department shall submit its own project plan, which includes, at a minimum, the requirements in subdivision (a). (c) A recommended project management plan with milestones and time frames. (d) The proposed benefits from implementing the information technology expansion, including customer service improvement, form reductions, potential time savings, caseload reduction, and return on investment. (2) Once an award for an expansion of information technology is made, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office a projected cost of the expansion broken down by use and type of expense. Sec. 231. From the funds appropriated in part 1 for travel reimbursements to employees, the department shall allocate up to $100,000.00 toward reimbursing counties for the out‑of‑pocket travel costs of the local county department board members and county department directors to attend 1 meeting per year of the Michigan County Social Services Association. Sec. 233. By March 31 and September 30 of the current fiscal year, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and state budget office on the status of the merger, executed according to Executive Order No. 2015‑4, of the department of community health and the department of human services to create the department of health and human services. The report must indicate changes from the prior report and shall include, but not be limited to, all of the following information: (a) The impact on client service delivery or access to services, including the restructuring or consolidation of services. (b) Any cost increases or reductions that resulted from rent or building occupancy changes. (c) Facilities in use, including any office closures or consolidations, or new office locations, including hoteling stations. (d) Current status of FTE positions, including the number of FTE positions that were eliminated or added due to duplication of efforts. (e) Any other efficiencies, costs, or savings associated with the merger. Sec. 240. The department shall notify the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the house and senate policy offices of any changes to a child welfare master contract template, including the adoption master contract template, the independent living plus master contract template, the placing agency foster care master contract template, and the residential foster care juvenile justice master contract template, not less than 30 days before the change takes effect. Sec. 252. The appropriations in part 1 for Healthy Michigan plan ‑ behavioral health, Healthy Michigan plan administration, and Healthy Michigan plan are contingent on the provisions of the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, that were contained in 2013 PA 107 not being amended, repealed, or otherwise altered to eliminate the Healthy Michigan plan. If that occurs, then, upon the effective date of the amendatory act that amends, repeals, or otherwise alters those provisions, the remaining funds in the Healthy Michigan plan ‑ behavioral health, Healthy Michigan plan administration, and Healthy Michigan plan line items shall only be used to pay previously incurred costs and any remaining appropriations shall not be allotted to support those line items. Sec. 263. (1) Except as otherwise provided in this subsection, before submission of a waiver, a state plan amendment, or a similar proposal to the Centers for Medicare and Medicaid Services or other federal agency, the department shall provide written notification of the planned submission to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies and policy offices, and the state budget office. This subsection does not apply to the submission of a waiver, a state plan amendment, or similar proposal that does not propose a material change or is outside of the ordinary course of waiver, state plan amendment, or similar proposed submissions. (2) The department shall provide written biannual reports to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office summarizing the status of any new or ongoing discussions with the Centers for Medicare and Medicaid Services or the United States Department of Health and Human Services or other federal agency regarding potential or future waiver applications as well as the status of submitted waivers that have not yet received federal approval. If, at the time a biannual report is due, there are no reportable items, then no report is required to be provided. Sec. 264. The department shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff. Sec. 265. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the senate and house appropriations chairs, the senate and house appropriations subcommittees chairs on the department budget, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the previous fiscal year and the current fiscal year. Sec. 270. The department shall advise the legislature of the receipt of a notification from the attorney general’s office of a legal action in which expenses had been recovered pursuant to section 106(4) of the social welfare act, 1939 PA 280, MCL 400.106, or any other statute under which the department has the right to recover expenses. By November 1 and No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1221 May 1 of the current fiscal year, the department shall submit a written report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget office that includes, at a minimum, all of the following: (a) The total amount recovered from the legal action. (b) The program or service for which the money was originally expended. (c) Details on the disposition of the funds recovered such as the appropriation or revenue account in which the money was deposited. (d) A description of the facts involved in the legal action. Sec. 274. (1) The department, in collaboration with the state budget office, shall submit to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the house and senate policy offices 1 week after the day the governor submits to the legislature the budget for the ensuing fiscal year a report on spending and revenue projections for each of the capped federal funds listed below. The report shall contain actual spending and revenue in the previous fiscal year, spending and revenue projections for the current fiscal year as enacted, and spending and revenue projections within the executive budget proposal for the fiscal year beginning October 1, 2017 for each individual line item for the department budget. The report shall also include federal funds transferred to other departments. The capped federal funds shall include, but not be limited to, all of the following: (a) TANF. (b) Title XX social services block grant. (c) Title IV‑B part I child welfare services block grant. (d) Title IV‑B part II promoting safe and stable families funds. (e) Low‑income home energy assistance program. (2) The department, in collaboration with the state budget office, shall not utilize capped federal funding for economics adjustments for FTEs or other economics costs that are included as part of the budget submitted to the legislature by the governor for the ensuing fiscal year. (3) By February 15 of the current fiscal year, the department shall prepare an annual report of its efforts to identify additional TANF maintenance of effort sources and rationale for any increases or decreases from all of the following, but not limited to: (a) Other departments. (b) Local units of government. (c) Private sources. Sec. 275. (1) As part of the year‑end closing process, the department, with the approval of the state budget director, is authorized to realign sources between other federal, TANF, and capped federal financing authorizations in order to maximize federal revenues. This realignment of financing shall not produce a gross increase or decrease in the department’s total individual line item authorizations, nor will it produce a net increase or decrease in total federal revenues, or a net increase in TANF authorization. (2) Not later than November 30, the department shall submit to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the house and senate policy offices a report on the realignment of federal fund sources that took place as part of the year‑end closing process for the previous fiscal year. Sec. 276. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes. Sec. 279. (1) All master contracts relating to human services as funded by the appropriations in sections 103, 104, 105, 106, 107, 108, and 109 of part 1 shall be performance‑based contracts that employ a client‑centered results‑oriented process that is based on measurable performance indicators and desired outcomes and includes the annual assessment of the quality of services provided. (2) By February 1 of the current fiscal year, the department shall provide the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies and policy offices, and the state budget office a report detailing measurable performance indicators, desired outcomes, and an assessment of the quality of services provided by the department during the previous fiscal year. Sec. 280. On a quarterly basis, the department shall provide a report to the house and senate appropriations committees, the house and senate fiscal agencies, the house and senate policy offices, and the state budget director that provides all of the following for each line item in part 1 containing personnel‑related costs, including the specific individual amounts for salaries and wages, payroll taxes, and fringe benefits: (a) FTE authorization. (b) Spending authorization for personnel‑related costs, by fund source, under the spending plan. (c) Actual year‑to‑date expenditures for personnel‑related costs, by fund source, through the end of the prior month. (d) The projected year‑end balance or shortfall for personnel‑related costs, by fund source, based on actual monthly spending levels through the end of the prior month. 1222 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (e) A specific plan for addressing any projected shortfall for personnel‑related costs at either the gross or fund source level. Sec. 287. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year‑end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees, and the senate and house fiscal agencies. Sec. 288. (1) Beginning October 1 of the current fiscal year, no less than 90% of a new department contract supported solely from state restricted funds or general fund/general purpose funds and designated in this part or part 1 for a specific entity for the purpose of providing services to individuals shall be expended for such services after the first year of the contract. (2) The department may allow a contract to exceed the limitation on administrative and services costs if it can be demonstrated that an exception should be made to the provision in subsection (1). (3) By September 30 of the current fiscal year, the department shall report to the house and senate appropriations subcommittees on the department budget, house and senate fiscal agencies, and state budget office on the rationale for all exceptions made to the provision in subsection (1) and the number of contracts terminated due to violations of subsection (1). Sec. 289. By March 1 of the current fiscal year, the department shall provide to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices an annual report on the supervisor‑to‑staff ratio by department divisions and subdivisions. Sec. 290. Any public advertisement for state assistance shall also inform the public of the welfare fraud hotline operated by the department. Sec. 291. The department shall verify, using the e‑verify system, that all new department employees, and new hire employees of contractors and subcontractors paid from funds appropriated in part 1, are legally present in the United States. The depart­ment may verify this information directly or may require contractors and subcontractors to verify the information and submit a certification to the department. Sec. 292. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency: (a) Fiscal year‑to‑date expenditures by category. (b) Fiscal year‑to‑date expenditures by appropriation unit. (c) Fiscal year‑to‑date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description. (d) The number of active department employees by job classification. (e) Job specifications and wage rates. Sec. 293. (1) The department shall explore a project to implement a cloud‑based, interactive analytics platform for Medicaid claims to identify areas of best practice, cost‑reduction and quality improvement opportunities, and comparative cost analysis among providers, hospitals, and managed care organizations. The analytics platform would include the ability to adjust for variations in patient risk and acuity differences when comparing performance across regions and hospitals. The analytics platform would provide data analysis on, but not be limited to, readmission rates, mortality, complication rates, and total episode costs across high‑volume acute episodes of care, including pre‑ and post‑discharge costs. (2) The project would include a methodology to identify and measure savings generated by the project. The legislative intent is that an amount appropriated for the project would not exceed the anticipated savings generated by the project. Sec. 294. From the funds appropriated in part 1 for the Michigan Medicaid information system (MMIS) line item, $20,000,000.00 in private revenue may be received from and allocated for other states interested in participating as part of the broader MMIS initiative. By March 1 of the current fiscal year, the department shall provide a report on the use of MMIS by other states for the previous fiscal year, including a list of states, type of use, and revenue and expenditures related to the agreements with the other states to use the MMIS. The report shall be provided to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget office. Sec. 295. (1) From the funds appropriated in part 1 to agencies providing physical and behavioral health services to multicultural populations, the department shall award grants in accordance with the requirements of subsection (2). The state is not liable for any spending above the contract amount. (2) The department shall require each contractor described in subsection (1) that receives greater than $1,000,000.00 in state grant funding to comply with performance‑related metrics to maintain their eligibility for funding. The organizational metrics shall include, but not be limited to, all of the following: (a) Each contractor or subcontractor shall have accreditations that attest to their competency and effectiveness as behavioral health and social service agencies. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1223 (b) Each contractor or subcontractor shall have a mission that is consistent with the purpose of the multicultural agency. (c) Each contractor shall validate that any subcontractors utilized within these appropriations share the same mission as the lead agency receiving funding. (d) Each contractor or subcontractor shall demonstrate cost‑effectiveness. (e) Each contractor or subcontractor shall ensure their ability to leverage private dollars to strengthen and maximize service provision. (f) Each contractor or subcontractor shall provide timely and accurate reports regarding the number of clients served, units of service provision, and ability to meet their stated goals. (3) The department shall require an annual report from the contractors described in subsection (2). The annual report, due 60 days following the end of the contract period, shall include specific information on services and programs provided, the client base to which the services and programs were provided, information on any wraparound services provided, and the expenditures for those services. The department shall provide the annual reports to the senate and house appropriations subcommittees on health and human services, the senate and house fiscal agencies, and the state budget office. Sec. 297. Total authorized appropriations from all sources under part 1 for legacy costs for the current fiscal year are $364,972,800.00. From this amount, total agency appropriations for pension‑related legacy costs are estimated at $202,368,400.00. Total agency appropriations for retiree health care legacy costs are estimated at $162,604,400.00. Sec. 298. (1) The department shall work with a workgroup to make recommendations regarding the most effective financing model and policies for behavioral health services in order to improve the coordination of behavioral and physical health services for individuals with mental illnesses, intellectual and developmental disabilities, and substance use disorders. The workgroup shall include, but not be limited to, the Michigan Association of Community Mental Health Boards, Medicaid health plans, and advocates for consumers of behavioral health services. (2) The workgroup shall consider the following goals in making its recommendations: (a) Core principles of person‑centered planning, self‑determination, full community inclusion, access to CMHSP services, and recovery orientation. (b) Avoiding the return to a medical and institutional model of supports and services for individuals with behavioral health and developmental disability needs. (c) Coordination of physical health and behavioral health care and services at the point at which the consumer receives that care and those services. (d) Ensure full access to community‑based services and supports. (e) Ensure full access to integrated behavioral and physical health services within community‑based settings. (f) Reinvesting efficiencies gained back into services. (g) Ensure transparent public oversight, governance, and accountability. (3) The workgroup’s recommendations shall include a detailed plan for the transition to any new financing model or policies recommended by the workgroup, including a plan to ensure continuity of care for consumers of behavioral health services in order to prevent current customers of behavioral health services from experiencing a disruption of services and supports, identification of ways to enhance services and supports, and identification of any gaps in services and supports. The workgroup shall consider the use of 1 or more pilot programs in areas with an appropriate number of consumers of behavioral health services and a range of behavioral health needs as part of that transition plan. (4) The workgroup’s recommendations shall also recommend annual benchmarks to measure progress in implementation of any new financing model or policy recommendations over a 3‑year period and ensure that actuarially sound per member per month payments for Medicaid behavioral health services are no less than the per member per month payments used for Medicaid behavioral health services in the fiscal year ending September 30, 2017. (5) The department shall provide, after each workgroup meeting, a status update on the workgroup’s progress and, by January 15 of the current fiscal year, a final report on the workgroup’s recommendations to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office. (6) Except for pilot programs described in subsection (3), no funding that has been paid to the prepaid inpatient health plans in prior fiscal years from the Medicaid mental health services, Medicaid substance use disorder services, Healthy Michigan plan‑behavioral health, or autism services appropriation line items shall be transferred or paid to any other entity without specific legislative authorization through enactment of a budget act containing appropriation line‑item changes or authorizing boilerplate language. Sec. 299. (1) No state department or agency shall issue a request for proposal (RFP) for a contract in excess of $5,000,000.00, unless the department or agency has first considered issuing a request for information (RFI) or a request for qualification (RFQ) relative to that contract to better enable the department or agency to learn more about the market for the products or services that are the subject of the RFP. The department or agency shall notify the department of technology, management, and budget of the evaluation process used to determine if an RFI or RFQ was not necessary prior to issuing the RFP. 1224 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (2) From funds appropriated in part 1, for all RFPs issued during the current fiscal year where an existing service received proposals by multiple vendors, the department shall notify all vendors within 30 days of the RFP decision. The notification to vendors shall include details on the RFP process, including the respective RFP scores and the respective cost for each vendor. If the highest scored RFP or lowest cost RFP does not receive the contract for an existing service offered by the department, the notification shall issue an explanation for the reasons that the highest scored RFP or lowest cost RFP did not receive the contract and detail the incremental cost target amount or service level required that was required to migrate the service to a new vendor. Additionally, the department shall include in the notification details as to why a cost or service difference is justifiable if the highest scored or lowest cost vendor does not receive the contract. (3) The department shall submit to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office by September 30 of the current fiscal year a report that summarizes all RFPs during the current fiscal year where an existing service received proposals by multiple vendors. The report shall list all finalized RFPs where there was a divergence from awarding the contract to the lowest cost or highest scoring vendor. The report shall also include the cost or service threshold required by department policy that must be satisfied in order for an existing contract to be received by new vendor. DEPARTMENTWIDE ADMINISTRATION Sec. 307. (1) From the funds appropriated in part 1 for demonstration projects, $950,000.00 shall be distributed as provided in subsection (2). The amount distributed under this subsection shall not exceed 50% of the total operating expenses of the program described in subsection (2), with the remaining 50% paid by local United Way organizations and other nonprofit organizations and foundations. (2) Funds distributed under subsection (1) shall be distributed to Michigan 2‑1‑1, a nonprofit corporation organized under the laws of this state that is exempt from federal income tax under section 501(c)(3) of the internal revenue code of 1986, 26 USC 501(c)(3), and whose mission is to coordinate and support a statewide 2‑1‑1 system. Michigan 2‑1‑1 shall use the funds only to fulfill the Michigan 2‑1‑1 business plan adopted by Michigan 2‑1‑1 in January 2005. (3) Michigan 2‑1‑1 shall refer to the department any calls received reporting fraud, waste, or abuse of state‑administered public assistance. (4) Michigan 2‑1‑1 shall report annually to the department and the house and senate standing committees with primary jurisdiction over matters relating to human services and telecommunications on 2‑1‑1 system performance, the senate and house appropriations subcommittees on the department budget, and the senate and house fiscal agencies, including, but not limited to, call volume by health and human service needs and unmet needs identified through caller data and customer satisfaction metrics. Sec. 310. It is the intent of the legislature that the department shall work with youth‑oriented nonprofit organizations to provide mentoring programming for children of incarcerated parents and other at‑risk children. Sec. 316. From the funds appropriated in part 1 for terminal leave payouts and other employee costs, the department shall not spend in excess of its annual gross appropriation unless it identifies and requests a legislative transfer from another budgetary line item supporting administrative costs, as provided by section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. CHILD SUPPORT ENFORCEMENT Sec. 401. (1) The appropriations in part 1 assume a total federal child support incentive payment of $26,500,000.00. (2) From the federal money received for child support incentive payments, $12,000,000.00 shall be retained by the state and expended for child support program expenses. (3) From the federal money received for child support incentive payments, $14,500,000.00 shall be paid to the counties based on each county’s performance level for each of the federal performance measures as established in 45 CFR 305.2. (4) If the child support incentive payment to the state from the federal government is greater than $26,500,000.00, then 100% of the excess shall be retained by the state and is appropriated until the total retained by the state reaches $15,397,400.00. (5) If the child support incentive payment to the state from the federal government is greater than the amount needed to satisfy the provisions identified in subsections (1), (2), (3), and (4), the additional funds shall be subject to appropriation by the legislature. (6) If the child support incentive payment to the state from the federal government is less than $26,500,000.00, then the state and county share shall each be reduced by 50% of the shortfall. Sec. 409. (1) If statewide retained child support collections exceed $38,300,000.00, 75% of the amount in excess of $38,300,000.00 is appropriated to legal support contracts. This excess appropriation may be distributed to eligible counties to supplement and not supplant county title IV‑D funding. (2) Each county whose retained child support collections in the current fiscal year exceed its fiscal year 2004‑2005 retained child support collections, excluding tax offset and financial institution data match collections in both the current year and fiscal year 2004‑2005, shall receive its proportional share of the 75% excess. Sec. 410. (1) If title IV‑D‑related child support collections are escheated, the state budget director is authorized to adjust the sources of financing for the funds appropriated in part 1 for legal support contracts to reduce federal authorization by 66% of the escheated amount and increase general fund/general purpose authorization by the same amount. This budget No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1225 adjustment is required to offset the loss of federal revenue due to the escheated amount being counted as title IV‑D program income in accordance with federal regulations at 45 CFR 304.50. (2) The department shall notify the chairs of the house and senate appropriations subcommittees on the department budget and the house and senate fiscal agencies within 15 days of the authorization adjustment in subsection (1). COMMUNITY SERVICES AND OUTREACH Sec. 450. (1) From the funds appropriated in part 1 for school success partnership program, the department shall allocate $450,000.00 by December 1 of the current fiscal year to support the Northeast Michigan Community Service Agency programming, which will take place in each county in the Governor’s Prosperity Region 3. The department shall require the following performance objectives be measured and reported for the duration of the state funding for the school success partnership program: (a) Increasing school attendance and decreasing chronic absenteeism. (b) Increasing academic performance based on grades with emphasis on math and reading. (c) Identifying barriers to attendance and success and connecting families with resources to reduce these barriers. (d) Increasing parent involvement with the parent’s child’s school and community. (2) The Northeast Michigan Community Service Agency shall provide reports to the department on January 31 and June 30 of the current fiscal year on the number of children and families served and the services that were provided to families to meet the performance objectives identified in this section. The department shall distribute the reports within 1 week after receipt to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office. Sec. 452. From the funds appropriated in part 1 for justice assistance grants, the department shall continue to support forensic nurse examiner programs to facilitate training for improved evidence collection for the prosecution of sexual assault. The funds shall be used for program coordination and training. CHILDREN’S SERVICES AGENCY ‑ CHILD WELFARE Sec. 501. (1) A goal is established that not more than 25% of all children in foster care at any given time during the current fiscal year will have been in foster care for 24 months or more. (2) By March 1 of the current fiscal year, the department shall provide to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office a report describing the steps that will be taken to achieve the specific goal established in this section and on the percentage of children who currently are in foster care and who have been in foster care a total of 24 or more months. Sec. 502. From the funds appropriated in part 1 for foster care, the department shall provide 50% reimbursement to Indian tribal governments for foster care expenditures for children who are under the jurisdiction of Indian tribal courts and who are not otherwise eligible for federal foster care cost sharing. Sec. 503. (1) In accordance with the final report of the Michigan child welfare performance‑based funding task force issued in response to section 503 of article X of 2013 PA 59, the department shall continue to develop actuarially sound case rates for necessary out‑of‑home child welfare services that achieve permanency by the department and private child placing agencies in a prospective payment system under a performance‑based funding model. (2) The department shall continue to develop a prospective rate payment system for private agencies that includes funding for adoption incentive payments. The full cost prospective rate payment system will identify and cover contractual costs paid through the case rate developed by an independent actuary. (3) By March 1 of the current fiscal year, the department shall provide to the senate and house appropriations committees on the department budget, the senate and house fiscal agencies and policy offices, and the state budget office a report on the full cost analysis of the performance‑based funding model. The report shall include background information on the project and give details about the contractual costs covered through the case rate. (4) In accordance with the final report of the Michigan child welfare performance‑based funding task force issued in response to section 503 of article X of 2013 PA 59, the department shall implement a 5‑year independent, third‑party evaluation of the performance‑based funding model. The evaluator shall be selected through a competitive process by a rating committee that includes, but is not limited to, representatives from the department and private child placing agencies. (5) The department shall only implement the performance‑based funding model into additional counties where the department, private child welfare agencies, the county, and the court operating within that county have signed a memorandum of understanding that incorporates the intentions of the concerned parties in order to implement the performance‑based funding model. (6) The department, in conjunction with members from both the house of representatives and senate, private child placing agencies, the courts, and counties shall implement the recommendations that are described in the workgroup report that was provided in section 503 of article X of 2013 PA 59 to establish a performance‑based funding for public and private child welfare services providers. The department shall provide a quarterly report on the status of the performance‑based contracting model to the senate and house appropriations subcommittees on the department budget, the senate and house standing committees on families and human services, and the senate and house fiscal agencies and policy offices. 1226 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (7) From the funds appropriated in part 1 for the performance‑based funding model pilot, the department shall continue to work with the West Michigan Partnership for Children Consortium on the implementation of the performance‑based funding model pilot. The consortium shall accept and comprehensively assess referred youth, assign cases to members of its continuum or leverage services from other entities, and make appropriate case management decisions during the duration of a case. The consortium shall operate an integrated continuum of care structure, with services provided by both private and public agencies, based on individual case needs. The consortium shall demonstrate significant organizational capacity and competencies, including experience with managing risk‑based contracts, financial strength, experienced staff and leadership, and appropriate governance structure. Sec. 504. (1) The department may establish a master agreement with the West Michigan Partnership for Children Consortium for a performance‑based child welfare contracting pilot program. The consortium shall consist of a network of affiliated child welfare service providers that will accept and comprehensively assess referred youth, assign cases to members of its continuum or leverage services from other entities, and make appropriate case management decisions during the duration of a case. (2) The consortium shall operate an integrated continuum of care structure, with services provided by private or public agencies, based on individual case needs. The consortium shall demonstrate significant organizational capacity and competencies, including financial strength, experienced staff and leadership, and appropriate governance structure. (3) By March 1 of the current fiscal year, the consortium shall provide to the department and the house and senate appropriations subcommittees on the department budget a report on the consortium, including, but not limited to, actual expenditures, number of children placed by agencies in the consortium, fund balance of the consortium, and the status of the consortium evaluation. Sec. 505. By March 1 of the current fiscal year, the department and Wayne County shall provide to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies and policy offices, and the state budget office a report for youth served in the previous fiscal year and in the first quarter of the current fiscal year outlining the number of youth served within each juvenile justice system, the type of setting for each youth, performance outcomes, and financial costs or savings. Sec. 507. The department’s ability to satisfy appropriation deducts in part 1 for foster care private collections shall not be limited to collections and accruals pertaining to services provided only in the current fiscal year but may include revenues collected during the current fiscal year for services provided in prior fiscal years. Sec. 508. (1) In addition to the amount appropriated in part 1 for children’s trust fund grants, money granted or money received as gifts or donations to the children’s trust fund created by 1982 PA 249, MCL 21.171 to 21.172, is appropriated for expenditure. (2) The department and the child abuse and neglect prevention board shall collaborate to ensure that administrative delays are avoided and the local grant recipients and direct service providers receive money in an expeditious manner. The department and board shall make available the children’s trust fund contract funds to grantees within 31 days of the start date of the funded project. Sec. 511. The department shall provide semiannual reports to the senate and house appropriations subcommittees on the department budget, the senate and house standing committees on families and human services, and the senate and house fiscal agencies and policy offices on the number and percentage of children who received timely health examinations after entry into foster care and the number and percentage of children entering foster care who received a required mental health examination after entry into foster care. Sec. 513. (1) The department shall not expend funds appropriated in part 1 to pay for the direct placement by the department of a child in an out‑of‑state facility unless all of the following conditions are met: (a) There is no appropriate placement available in this state as determined by the department interstate compact office. (b) An out‑of‑state placement exists that is nearer to the child’s home than the closest appropriate in‑state placement as determined by the department interstate compact office. (c) The out‑of‑state facility meets all of the licensing standards of this state for a comparable facility. (d) The out‑of‑state facility meets all of the applicable licensing standards of the state in which it is located. (e) The department has done an on‑site visit to the out‑of‑state facility, reviewed the facility records, reviewed licensing records and reports on the facility, and believes that the facility is an appropriate placement for the child. (2) The department shall not expend money for a child placed in an out‑of‑state facility without approval of the deputy director for children’s services. (3) The department shall submit an annual report to the state court administrative office, the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office on the number of Michigan children residing in out‑of‑state facilities at the time of the report, the total cost and average per diem cost of these out‑of‑state placements to this state, and a list of each such placement arranged by the Michigan county of residence for each child. (4) It is the intent of the legislature that the department shall work in conjunction with the courts and the state court administrative office to identify data needed to calculate statewide recidivism rates for adjudicated youth placed in either residential secure or nonsecure facilities, defined at 6 months after a youth is released from placement. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1227 (5) By March 1 of the current fiscal year, the department shall notify the legislature on the status of efforts to accomplish the intent of subsection (4). Sec. 514. The department shall make a comprehensive report concerning children’s protective services (CPS) to the legislature, including the senate and house policy offices and the state budget director, by March 1 of the current fiscal year, that shall include all of the following: (a) Statistical information including, but not limited to, all of the following: (i) The total number of reports of child abuse or child neglect investigated under the child protection law, 1975 PA 238, MCL 722.621 to 722.638, and the number of cases classified under category I or category II and the number of cases classified under category III, category IV, or category V. (ii) Characteristics of perpetrators of child abuse or child neglect and the child victims, such as age, relationship, race, and ethnicity and whether the perpetrator exposed the child victim to drug activity, including the manufacture of illicit drugs, that exposed the child victim to substance abuse, a drug house, or methamphetamine. (iii) The mandatory reporter category in which the individual who made the report fits, or other categorization if the individual is not within a group required to report under the child protection law, 1975 PA 238, MCL 722.621 to 722.638. (iv) The number of cases that resulted in the separation of the child from the parent or guardian and the period of time of that separation, up to and including termination of parental rights. (v) For the reported complaints of child abuse or child neglect by teachers, school administrators, and school counselors, the number of cases classified under category I or category II and the number of cases classified under category III, category IV, or category V. (vi) For the reported complaints of child abuse or child neglect by teachers, school administrators, and school counselors, the number of cases that resulted in separation of the child from the parent or guardian and the period of time of that separation, up to and including termination of parental rights. (b) New policies related to children’s protective services including, but not limited to, major policy changes and court decisions affecting the children’s protective services system during the immediately preceding 12‑month period. (c) Statistical information regarding families that were classified in category III, including, but not limited to, all of the following: (i) The total number of cases classified in category III. (ii) The number of cases in category III referred to voluntary community services and closed with no additional monitoring. (iii) The number of cases in category III referred to voluntary community services and monitored for up to 90 days. (iv) The number of cases in category III for which the department entered more than 1 determination that there was evidence of child abuse or child neglect. (v) The number of cases in category III that the department reclassified from category III to category II. (vi) The number of cases in category III that the department reclassified from category III to category I. (vii) The number of cases in category III that the department reclassified from category III to category I that resulted in a removal. (d) The department policy, or changes to the department policy, regarding children who have been exposed to the production or manufacture of methamphetamines. Sec. 515. By March 1 of the current fiscal year, the department shall submit a report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office that provides an update on the privatization of child welfare services in Kent County as described in section 515 of article X of 2013 PA 59 and includes all of the following: (a) Costs or savings that resulted from the program. (b) Gaps in funding. (c) Program successes. (d) Challenges and barriers to a successful implementation. Sec. 519. The department shall permit any private agency that has an existing contract with this state to provide foster care services to be also eligible to provide treatment foster care services. Sec. 522. (1) From the funds appropriated in part 1 for youth in transition, the department shall allocate $750,000.00 for college scholarships through the fostering futures scholarship program in the Michigan education trust to youths who were in foster care because of child abuse or child neglect and are attending a college located in this state. Of the funds appropriated, 100% shall be used to fund scholarships for the youths described in this section. (2) Not later than March 1 of the current fiscal year, the department shall provide a report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office that includes the number of youths who received scholarships and the amount of each scholarship, and the total amount of funds spent or encumbered in the current fiscal year. Sec. 523. (1) By February 15 of the current fiscal year, the department shall report on the families first, family reunification, and families together building solutions family preservation programs to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and 1228 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 the state budget office. The report shall provide an estimate of total costs savings as a result of avoiding placement of children in foster care for families who received family preservation services and shall include information for each program on any innovations that may increase savings or reductions in administrative costs. (2) From the funds appropriated in part 1 for youth in transition and domestic violence prevention and treatment, the department is authorized to make allocations of TANF funds only to agencies that report necessary data to the department for the purpose of meeting TANF eligibility reporting requirements. Sec. 524. As a condition of receiving funds appropriated in part 1 for strong families/safe children, counties must submit the service spending plan to the department by October 1 of the current fiscal year for approval. The department shall approve the service spending plan within 30 calendar days after receipt of a properly completed service spending plan. Sec. 525. The department shall implement the same on‑site evaluation processes for privately operated child welfare and juvenile justice residential facilities as is used to evaluate state‑operated facilities. Penalties for noncompliance shall be the same for privately operated child welfare and juvenile justice residential facilities and state‑operated facilities. Sec. 526. From the funds appropriated in part 1 for foster care payments and related administrative costs, the department may implement the federally approved title IV‑E child welfare waiver demonstration project. As required under the waiver, any savings resulting from the demonstration project must be quantified and reinvested into child welfare programming. Sec. 532. (1) The department, in collaboration with representatives of private child and family agencies, shall revise and improve the annual licensing review process and the annual contract compliance review process for child placing agencies and child caring institutions. The improvement goals shall be safety and care for children. Improvements to the review process shall be directed toward alleviating administrative burdens so that agency resources may be focused on children. The revision shall include identification of duplicative staff activities and information sought from child placing agencies and child caring institutions in the annual review process. The department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies and policy offices, and the state budget director on or before January 15 of the current fiscal year on the findings of the annual licensing review. (2) The department shall conduct licensing reviews no more than once every 4 years for child placing agencies and child caring institutions that are nationally accredited and have no outstanding violations. Sec. 533. (1) The department shall make payments to child placing facilities for in‑home and out‑of‑home care services and adoption services within 30 days of receiving all necessary documentation from those agencies. It is the intent of the legislature that the burden of ensuring that these payments are made in a timely manner and no payments are in arrears is upon the department. (2) No later than March 1 of the current fiscal year, the department shall submit a report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office that details each private child placing agency and the percentage of payments that were in excess of 30 days during the entire prior fiscal year and the first quarter of the current fiscal year. Sec. 534. (1) The department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office by November 1 of the current fiscal year an implementation plan regarding the appropriation in part 1 to implement the MiSACWIS. The plan shall include, but not be limited to, efforts to bring the system in compliance with the settlement and other federal guidelines set forth by the United States Department of Health and Human Services Administration for Children and Families. (2) The department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office by November 1 of the current fiscal year a status report on the planning, implementation, and operation, regardless of the current operational status, regarding the appropriation in part 1 to implement the MiSACWIS. The report shall provide details on the planning, implementation, and operation of the system, including, but not limited to, all of the following: (a) Areas where implementation went as planned. (b) The number of known issues. (c) The average number of help tickets submitted per day. (d) Any additional overtime or other staffing costs to address known issues and volume of help tickets. (e) Any contract revisions to address known issues and volume of help tickets. (f) Other strategies undertaken to improve implementation. (g) Progress developing cross‑system trusted data exchange with MiSACWIS (h) Progress in moving away from a statewide/tribal automated child welfare information system (SACWIS/TACWIS) to a comprehensive child welfare information system (CCWIS). (i) Progress developing and implementing a program to monitor data quality. (j) Progress developing and implementing custom integrated systems for private agencies and tribal governments. Sec. 537. (1) The department, in collaboration with child placing agencies, shall develop a strategy to implement section 115o of the social welfare act, 1939 PA 280, MCL 400.115o. The strategy shall include a requirement that a No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1229 department caseworker responsible for preparing a recommendation to a court concerning a juvenile placement shall provide, as part of the recommendation, information regarding the requirements of section 115o of the social welfare act, 1939 PA 280, MCL 400.115o. (2) By March 1 of the current fiscal year, the department shall provide to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office a report on the strategy described in subsection (1). Sec. 540. If a physician or psychiatrist who is providing services to state or court wards placed in a residential facility submits a formal request to the department to change the psychotropic medication of a ward, the department shall, if the ward is a state ward, make a determination on the proposed change within 7 business days after the request or, if the ward is a temporary court ward, seek parental consent within 7 business days after the request. If parental consent is not provided within 7 business days, the department shall petition the court on the eighth business day. Sec. 546. (1) From the funds appropriated in part 1 for foster care payments and from child care fund, the department shall pay providers of foster care services not less than a $37.00 administrative rate. (2) From the funds appropriated in part 1 for foster care payments and from child care fund, the department shall pay providers of general independent living services not less than a $28.00 administrative rate. (3) From the funds appropriated in part 1, the department shall pay providers of independent living plus services statewide per diem rates for staff‑supported housing and host‑home housing based on proposals submitted in response to a solicitation for pricing. The independent living plus program provides staff‑supported housing and services for foster youth ages 16 through 19 who, because of their individual needs and assessments, are not initially appropriate for general independent living foster care. (4) From the funds appropriated in part 1, the department shall pay providers of foster care services an additional $8.00 administrative rate, if section 117a of the social welfare act, 1939 PA 280, MCL 400.117a, is amended to eliminate the county match rate for the additional administrative rate provided in this subsection. Payments under this subsection shall be made, not less than, on a monthly basis. (5) If required by the federal government to meet title IV‑E requirements, providers of foster care services shall submit quarterly expenditure reports to the department to identify actual costs of providing foster care services. (6) From the funds appropriated in part 1, the department shall provide an increase to each private provider of residential services, if section 117a of the social welfare act, 1939 PA 280, MCL 400.117a, is amended to eliminate the county match rate for the additional rate provided in this section. Sec. 547. From the funds appropriated in part 1 for the guardianship assistance program, the department shall pay a minimum rate that is not less than the approved age‑appropriate payment rates for youth placed in family foster care. Sec. 556. No later than December 1 for the current fiscal year, the department shall provide an annual report to the subcommittees of the senate and house appropriations committees on the department budget, the house and senate fiscal agencies and policy offices, and the state budget director that includes the following: (a) The number of complaints filed by adoptive parents who were not notified that their adopted child had special needs. (b) The number of cases that received redetermined adoption assistance as defined in section 115f of the social welfare act, 1939 PA 280, MCL 400.115f, the total expenditures on the program, and the number of cases in each determination of care level of payment. Sec. 558. (1) The department shall explore ways to maximize use of training programs or courses provided through the child welfare training institute accessible online and in service areas throughout the state, provided the delivery is an appropriate option for achieving specific learning objectives. These training programs and courses shall be made available to employees of private child placing agencies and child caring institutions. (2) The department shall conduct a workgroup consisting of members from the department, private child placing agencies, and child caring institutions, with the goal of reducing the current 4 weeks of centralized child welfare institute training class time. It is the intent of the legislature that the number of days of in‑person pre‑service child welfare training be reduced by 50%. Not later than November 1 of the current fiscal year, the department shall provide a report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office on the findings of the workgroup, including the timeline, feasibility, and cost for the implementation plan required to implement the child welfare training institute redesign. (3) The department shall submit to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office by March 1 of the current fiscal year a report on the training programs or courses provided through the child welfare training institute described in subsection (1), and the annual cost for each program or course. The report shall include the following data: (a) The number of training programs or courses that were provided for private agencies. (b) The number of employees from private agencies who attended any training. (c) The number of training programs or courses that were provided through an online forum. (d) The number of training programs or courses that were provided in local service areas. (e) For courses that are in‑person or not accessible online, attendance figures for each course. 1230 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Sec. 559. (1) From the funds appropriated in part 1 for adoption support services, the department shall allocate $250,000.00 to the Adoptive Family Support Network by December 1 of the current fiscal year to operate and expand its adoptive parent mentor program to provide a listening ear, knowledgeable guidance, and community connections to adoptive parents and children who were adopted in this state or another state. (2) The Adoptive Family Support Network shall submit to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office by March 1 of the current fiscal year a report on the program described in subsection (1), including, but not limited to, the number of cases served and the number of cases in which the program prevented an out‑of‑home placement. Sec. 562. The department shall provide time and travel reimbursements for foster parents who transport a foster child to parent‑child visitations. As part of the foster care parent contract, the department shall provide written confirmation to foster parents that states that the foster parents have the right to request these reimbursements for all parent‑child visitations. The department shall provide these reimbursements within 60 days of receiving a request for eligible reimbursements from a foster parent. Sec. 564. (1) The department shall develop a clear policy for parent‑child visitations. The local county offices, case­ workers, and supervisors shall meet a 50% success rate, after accounting for factors outside of the caseworker’s control. (2) Per the court‑ordered number of required meetings between caseworkers and parent, the caseworkers shall achieve a success rate of 65%, after accounting for factors outside of the caseworker’s control. (3) By March 1 of the current fiscal year, the department shall provide to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office a report on the following: (a) The percentage of success rate for parent‑child visitations and court‑ordered required meetings between caseworkers referenced in subsections (1) and (2) for the previous year. (b) The barriers to achieve the success rates in subsections (1) and (2) and how this information is tracked. Sec. 567. (1) The caseworker or supervisor who is assigned to a foster care case is responsible for completing a medical passport for the cases assigned to him or her. If a child in foster care is transferred to a new placement or returned to his or her parent’s or guardian’s home, the medical passport and any school records in the caseworkers’ or supervisors’ possession must be transferred within 2 weeks from the date of placement or return to the home. (2) The department shall submit to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office by March 1 of the current fiscal year a report on the items described in subsection (1), including the following: (a) The percentage of medical passports that were properly filled out. (b) From the total medical passports transferred, the percentage that transferred within 2 weeks from the date of placement or return to the home. (c) From the total school records, the percentage that transferred within 2 weeks from the date of placement or return to the home. (d) The implementation steps that have been taken to improve the outcomes for the measures in subdivisions (a) and (b). Sec. 568. (1) From the funds appropriated in part 1 for adoption subsidies, the department shall pay a minimum adoption subsidy rate that is not less than 95% of the rate that was or would have been provided for the adoptee in family foster care at the time of the adoption. This rate includes the determination of care rate that was paid or would have been paid to the adoptive parent for the adoptee in a family foster care placement, and this amount shall be increased to reflect any increase in the standard age appropriate foster care rate. (2) “Determination of care rate” as described in this section means a supplemental payment to the standard age appropriate foster care rate that may be justified when extraordinary care or expense is required. The supplemental payment is based on 1 or more of the following case situations where additional care is required of the foster care provider or adoptive parent or an additional expense exists: (a) Physically disabled children for whom the adoptive parent must provide measurably greater supervision and care. (b) Children with special psychological or psychiatric needs that require extra time and measurably greater amounts of care and attention by the adoptive parent. (c) Children requiring special diets that are more expensive than a normal diet and that require extra time and effort by the adoptive parent to obtain or prepare. (d) Children whose severe acting‑out or antisocial behavior requires a measurably greater amount of care and attention of the adoptive parent. (3) The department shall, on a separate form, allow an adoptive parent to sign a certification that he or she rejects a support subsidy. (4) If this section conflicts with state statute enacted subsequent to this act, the state statute controls. Sec. 569. The department shall reimburse private child placing agencies that complete adoptions at the rate according to the date on which the petition for adoption and required support documentation was accepted by the court and not according to the date the court’s order placing for adoption was entered. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1231 Sec. 574. (1) From the funds appropriated in part 1 for foster care payments, $2,500,000.00 is allocated to support performance‑based contracts with child placing agencies to facilitate the licensure of relative caregivers as foster parents. Agencies shall receive $2,300.00 for each facilitated licensure if completed within 180 days after a child’s placement or, if a waiver was previously approved, 180 days from the application date. If the facilitated licensure, or approved waiver, is completed after 180 days, the agency shall receive up to $2,300.00. The agency facilitating the licensure would retain the placement and continue to provide case management services for at least 50% of the newly licensed cases for which the placement was appropriate to the agency. Up to 50% of the newly licensed cases would have direct foster care services provided by the department. (2) From the funds appropriated for foster care payments, $375,000.00 is allocated to support family incentive grants to private and community‑based foster care service providers to assist with home improvements or payment for physical exams for applicants needed by foster families to accommodate foster children. Sec. 583. By February 1 of the current fiscal year, the department shall provide to the senate and house appropriations subcommittees on the department budget, the senate and house standing committees on families and human services, the senate and house fiscal agencies and policy offices, and the state budget office a report that includes: (a) The number and percentage of foster parents that dropped out of the program in the previous fiscal year and the reasons the foster parents left the program and how those figures compare to prior fiscal years. (b) The number and percentage of foster parents successfully retained in the previous fiscal year and how those figures compare to prior fiscal years. Sec. 585. The department shall make available at least 1 pre‑service training class each month in which new caseworkers for private foster care and adoption agencies can enroll. Sec. 588. (1) Concurrently with public release, the department shall transmit all reports from the court‑appointed settlement monitor, including, but not limited to, the needs assessment and period outcome reporting, to the state budget office, the senate and house appropriations subcommittees on the department budget, and the senate and house fiscal agencies and policy offices, without revision. (2) The department shall report quarterly to the state budget office, the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices on the number of children enrolled in the guardianship assistance and foster care ‑ children with serious emotional disturbance waiver programs. Sec. 589. (1) From the funds appropriated in part 1 for child care fund, the department shall pay 100% of the admin­ istrative rate for all new cases referred to providers of foster care services. (2) On a monthly basis, the department shall report on the number of all foster care cases administered by the department and all foster care cases administered by private providers. Sec. 593. The department may allow residential service providers for child abuse and child neglect cases to implement a staff ratio during working hours of 1 staff to 5 children. PUBLIC ASSISTANCE Sec. 601. Whenever a client agrees to the release of his or her name and address to the local housing authority, the department shall request from the local housing authority information regarding whether the housing unit for which vendoring has been requested meets applicable local housing codes. Vendoring shall be terminated for those units that the local authority indicates in writing do not meet local housing codes until such time as the local authority indicates in writing that local housing codes have been met. Sec. 602. The department shall establish a policy to conduct a full evaluation of an individual’s assistance needs if the individual has applied for disability more than 1 time within a 1‑year period. Sec. 603. By March 1 of the current fiscal year, the department shall provide to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office a report on the steps taken to implement the action plan developed by the Medicaid claim workgroup established in section 603 of article X of 2014 PA 252, including the steps taken to implement the action plan developed by the workgroup, and the department’s ongoing efforts to maximize Medicaid claims for foster children and adjudicated youths. Sec. 604. (1) The department shall operate a state disability assistance program. Except as provided in subsection (3), persons eligible for this program shall include needy citizens of the United States or aliens exempted from the supplemental security income citizenship requirement who are at least 18 years of age or emancipated minors meeting 1 or more of the following requirements: (a) A recipient of supplemental security income, social security, or medical assistance due to disability or 65 years of age or older. (b) A person with a physical or mental impairment that meets federal supplemental security income disability standards, except that the minimum duration of the disability shall be 90 days. Substance use disorder alone is not defined as a basis for eligibility. (c) A resident of an adult foster care facility, a home for the aged, a county infirmary, or a substance use disorder treatment center. 1232 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (d) A person receiving 30‑day postresidential substance use disorder treatment. (e) A person diagnosed as having acquired immunodeficiency syndrome. (f) A person receiving special education services through the local intermediate school district. (g) A caretaker of a disabled person who meets the requirements specified in subdivision (a), (b), (e), or (f). (2) Applicants for and recipients of the state disability assistance program shall be considered needy if they: (a) Meet the same asset test as is applied for the family independence program. (b) Have a monthly budgetable income that is less than the payment standards. (3) Except for a person described in subsection (1)(c) or (d), a person is not disabled for purposes of this section if his or her drug addiction or alcoholism is a contributing factor material to the determination of disability. “Material to the determination of disability” means that, if the person stopped using drugs or alcohol, his or her remaining physical or mental limitations would not be disabling. If his or her remaining physical or mental limitations would be disabling, then the drug addiction or alcoholism is not material to the determination of disability and the person may receive state disability assistance. Such a person must actively participate in a substance abuse treatment program, and the assistance must be paid to a third party or through vendor payments. For purposes of this section, substance abuse treatment includes receipt of inpatient or outpatient services or participation in alcoholics anonymous or a similar program. Sec. 605. The level of reimbursement provided to state disability assistance recipients in licensed adult foster care facilities shall be the same as the prevailing supplemental security income rate under the personal care category. Sec. 606. County department offices shall require each recipient of family independence program and state disability assistance who has applied with the social security administration for supplemental security income to sign a contract to repay any assistance rendered through the family independence program or state disability assistance program upon receipt of retroactive supplemental security income benefits. Sec. 607. (1) The department’s ability to satisfy appropriation deductions in part 1 for state disability assistance/ supplemental security income recoveries and public assistance recoupment revenues shall not be limited to recoveries and accruals pertaining to state disability assistance, or family independence assistance grant payments provided only in the current fiscal year, but may include revenues collected during the current year that are prior year related and not a part of the department’s accrued entries. (2) The department may use supplemental security income recoveries to satisfy the deduct in any line in which the revenues are appropriated, regardless of the source from which the revenue is recovered. Sec. 608. Adult foster care facilities providing domiciliary care or personal care to residents receiving supplemental security income or homes for the aged serving residents receiving supplemental security income shall not require those residents to reimburse the home or facility for care at rates in excess of those legislatively authorized. To the extent permitted by federal law, adult foster care facilities and homes for the aged serving residents receiving supplemental security income shall not be prohibited from accepting third‑party payments in addition to supplemental security income if the payments are not for food, clothing, shelter, or result in a reduction in the recipient’s supplemental security income payment. Sec. 609. The state supplementation level under the supplemental security income program for the personal care/adult foster care and home for the aged categories shall not be reduced during the current fiscal year. The legislature shall be notified not less than 30 days before any proposed reduction in the state supplementation level. Sec. 610. (1) In developing good cause criteria for the state emergency relief program, the department shall grant exemptions if the emergency resulted from unexpected expenses related to maintaining or securing employment. (2) For purposes of determining housing affordability eligibility for state emergency relief, a group is considered to have sufficient income to meet ongoing housing expenses if their total housing obligation does not exceed 75% of their total net income. (3) State emergency relief payments shall not be made to individuals who have been found guilty of fraud in regard to obtaining public assistance. (4) State emergency relief payments shall not be made available to persons who are out‑of‑state residents or illegal immigrants. (5) State emergency relief payments for rent assistance shall be distributed directly to landlords and shall not be added to Michigan bridge cards. Sec. 611. The state supplementation level under the supplemental security income program for the living independently or living in the household of another categories shall not exceed the minimum state supplementation level as required under federal law or regulations. Sec. 613. (1) The department shall provide reimbursements for the final disposition of indigent persons. The reimbursements shall include the following: (a) The maximum allowable reimbursement for the final disposition is $800.00. (b) The adult burial with services allowance is $725.00. (c) The adult burial without services allowance is $490.00. (d) The infant burial allowance is $170.00. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1233 (2) It is the intent of the legislature that this charge limit reflect a total increase of $5.00 per case in payments to funeral directors for funeral goods and services over the payment rate in place for the previous fiscal year. In addition, reimbursement for a cremation permit fee of up to $75.00 and for mileage at the standard rate will also be made available for an eligible cremation. The reimbursements under this section shall take into consideration religious preferences that prohibit cremation. Sec. 614. The department shall report to the senate and house of representatives appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices by January 15 of the current fiscal year on the number and percentage of state disability assistance recipients who were determined to be eligible for federal supplemental security income benefits in the previous fiscal year. Sec. 615. Except as required by federal law or regulations, funds appropriated in part 1 shall not be used to provide public assistance to a person who is an illegal alien. This section shall not prohibit the department from entering into contracts with food banks, emergency shelter providers, or other human services agencies who may, as a normal part of doing business, provide food or emergency shelter. Sec. 616. The department shall require retailers that participate in the electronic benefits transfer program to charge no more than $2.50 in fees for cash back as a condition of participation. Sec. 617. The department shall prepare a report on the number and percentage of public assistance recipients, categorized by type of assistance received, who were no longer eligible for assistance because of their status in the law enforcement information network and provide the report by January 15 of the current fiscal year to the senate and house appropriations subcommittees on the department budget, the senate and house standing committees on families and human services, and the senate and house fiscal agencies and policy offices. Sec. 619. (1) Subject to subsection (2), the department shall exempt from the denial of title IV‑A assistance and food assistance benefits under 21 USC 862a any individual who has been convicted of a felony that included the possession, use, or distribution of a controlled substance, after August 22, 1996, if the individual is not in violation of his or her probation or parole requirements. Benefits shall be provided to such individuals as follows: (a) A third‑party payee or vendor shall be required for any cash benefits provided. (b) An authorized representative shall be required for food assistance receipt. (2) Subject to federal approval, an individual is not entitled to the exemption in this section if the individual was convicted in 2 or more separate cases of a felony that included the possession, use, or distribution of a controlled substance after August 22, 1996. Sec. 620. (1) The department shall make a determination of Medicaid eligibility not later than 90 days if disability is an eligibility factor. For all other Medicaid applicants, including patients of a nursing home, the department shall make a determination of Medicaid eligibility within 45 days of application. (2) The department shall report on a quarterly basis to the senate and house appropriations subcommittees on the department budget, the senate and house standing committees on families and human services, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office on the average Medicaid eligibility standard of promptness for each of the required standards of promptness under subsection (1) and for medical review team reviews achieved statewide and at each local office. Sec. 625. From the funds appropriated in part 1 for SSI advocacy legal services, the department shall allocate $500,000.00 to contract with the Legal Services Association of Michigan to provide assistance to individuals who have applied for or wish to apply for SSI or other federal disability benefits. The Legal Services Association of Michigan shall provide a list of new recipients accepted to the department to verify that services have been provided to department recipients. The Legal Services Association of Michigan and the department shall work together to develop release forms to share information in appropriate cases. The Legal Services Association of Michigan shall provide quarterly reports indicating cases opened, cases closed, level of services provided on closed cases, and case outcomes on closed cases. Sec. 630. From the funds appropriated in part 1 for family independence program, the department shall conduct a suspicion‑based drug testing pilot program for the family independence program according to sections 57y and 57z of the social welfare act, 1939 PA 280, MCL 400.57y and 400.57z. Sec. 642. The department shall allocate the full amount of funds appropriated in part 1 for homeless programs to provide services for homeless individuals and families, including, but not limited to, third‑party contracts for emergency shelter services. Sec. 643. As a condition of receipt of federal TANF funds, homeless shelters and human services agencies shall collaborate with the department to obtain necessary TANF eligibility information on families as soon as possible after admitting a family to the homeless shelter. From the funds appropriated in part 1 for homeless programs, the department is authorized to make allocations of TANF funds only to the agencies that report necessary data to the department for the purpose of meeting TANF eligibility reporting requirements. Homeless shelters or human services agencies that do not report necessary data to the department for the purpose of meeting TANF eligibility reporting requirements will not receive reimbursements that exceed the per diem amount they received in fiscal year 2000. The use of TANF funds under this section should not be considered an ongoing commitment of funding. 1234 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Sec. 645. An individual or family is considered homeless, for purposes of eligibility for state emergency relief, if living temporarily with others in order to escape domestic violence. For purposes of this section, domestic violence is defined and verified in the same manner as in the department’s policies on good cause for not cooperating with child support and paternity requirements. Sec. 653. From the funds appropriated in part 1 for food assistance, an individual who is the victim of domestic violence and does not qualify for any other exemption may be exempt from the 3‑month in 36‑month limit on receiving food assistance under 7 USC 2015. This exemption can be extended an additional 3 months upon demonstration of continuing need. Sec. 654. The department shall notify recipients of food assistance program benefits that their benefits can be spent with their bridge cards at many farmers’ markets in the state. The department shall also notify recipients about the Double Up Food Bucks program that is administered by the Fair Food Network. Recipients shall receive information about the Double Up Food Bucks program, including information that when the recipient spends $20.00 at participating farmers’ markets through the program, the recipient can receive an additional $20.00 to buy Michigan produce. Sec. 655. Within 14 days after the spending plan for low‑income home energy assistance program is approved by the state budget office, the department shall provide the spending plan, including itemized projected expenditures, to the chairpersons of the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office. Sec. 660. From the funds appropriated in part 1 for Food Bank Council of Michigan, the department is authorized to make allocations of TANF funds only to the agencies that report necessary data to the department for the purpose of meeting TANF eligibility reporting requirements. The agencies that do not report necessary data to the department for the purpose of meeting TANF eligibility reporting requirements will not receive allocations in excess of those received in fiscal year 2000. The use of TANF funds under this section should not be considered an ongoing commitment of funding. Sec. 669. The department shall allocate $6,270,000.00 for the annual clothing allowance. The allowance shall be granted to all eligible children in a family independence program group. Sec. 672. (1) The department’s office of inspector general shall report to the senate and house of representatives appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices by February 15 of the current fiscal year on department efforts to reduce inappropriate use of Michigan bridge cards. The department shall provide information on the number of recipients of services who used their electronic benefit transfer card inappropriately and the current status of each case, the number of recipients whose benefits were revoked, whether permanently or temporarily, as a result of inappropriate use, and the number of retailers that were fined or removed from the electronic benefit transfer program for permitting inappropriate use of the cards. (2) As used in this section, “inappropriate use” means not used to meet a family’s ongoing basic needs, including food, clothing, shelter, utilities, household goods, personal care items, and general incidentals. Sec. 677. (1) The department shall establish a state goal for the percentage of family independence program cases involved in employment activities. The percentage established shall not be less than 50%. The goal for long‑term employment shall be 15% of cases for 6 months or more. (2) On a quarterly basis, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies and policy offices, and the state budget director on the number of cases referred to Partnership. Accountability. Training. Hope. (PATH), the current percentage of family independence program cases involved in PATH employment activities, an estimate of the current percentage of family independence program cases that meet federal work participation requirements on the whole, and an estimate of the current percentage of the family independence program cases that meet federal work participation requirements for those cases referred to PATH. (3) The department shall submit to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office a quarterly report that includes all of the following: (a) The number and percentage of nonexempt family independence program recipients who are employed. (b) The average and range of wages of employed family independence program recipients. (c) The number and percentage of employed family independence program recipients who remain employed for 6 months or more. Sec. 686. (1) The department shall ensure that program policy requires caseworkers to confirm that individuals presenting personal identification issued by another state seeking assistance through the family independence program, food assistance program, state disability assistance program, or medical assistance program are not receiving benefits from any other state. (2) The department shall require caseworkers to confirm the address provided by any individual seeking family independence program benefits or state disability assistance benefits. (3) The department shall prohibit individuals with property assets assessed at a value higher than $200,000.00 from accessing assistance through department‑administered programs, unless such a prohibition would violate federal rules and guidelines. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1235 (4) The department shall require caseworkers to obtain an up‑to‑date telephone number during the eligibility determination or redetermination process for individuals seeking medical assistance benefits. Sec. 687. (1) The department shall, on a quarterly basis by February 1, May 1, August 1, and November 1, compile and make available on its website all of the following information about the family independence program, state disability assistance, the food assistance program, Medicaid, and state emergency relief: (a) The number of applications received. (b) The number of applications approved. (c) The number of applications denied. (d) The number of applications pending and neither approved nor denied. (e) The number of cases opened. (f) The number of cases closed. (g) The number of cases at the beginning of the quarter and the number of cases at the end of the quarter. (2) The information provided under subsection (1) shall be compiled and made available for the state as a whole and for each county and reported separately for each program listed in subsection (1). (3) The department shall, on a quarterly basis by February 1, May 1, August 1, and November 1, compile and make available on its website the family independence program information listed as follows: (a) The number of new applicants who successfully met the requirements of the 21‑day assessment period for PATH. (b) The number of new applicants who did not meet the requirements of the 21‑day assessment period for PATH. (c) The number of cases sanctioned because of the school truancy policy. (d) The number of cases closed because of the 48‑month and 60‑month lifetime limits. (e) The number of first‑, second‑, and third‑time sanctions. (f) The number of children ages 0‑5 living in FIP‑sanctioned households. (4) The department shall notify the state budget office, the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices when the reports required in this section are made available on the department’s website. CHILDREN’S SERVICES AGENCY ‑ JUVENILE JUSTICE SERVICES Sec. 701. Unless required from changes to federal or state law or at the request of a provider, the department shall not alter the terms of any signed contract with a private residential facility serving children under state or court supervision without written consent from a representative of the private residential facility. Sec. 706. Counties shall be subject to 50% chargeback for the use of alternative regional detention services, if those detention services do not fall under the basic provision of section 117e of the social welfare act, 1939 PA 280, MCL 400.117e, or if a county operates those detention services programs primarily with professional rather than volunteer staff. Sec. 707. In order to be reimbursed for child care fund expenditures, counties are required to submit department‑developed reports to enable the department to document potential federally claimable expenditures. This requirement is in accordance with the reporting requirements specified in section 117a(7) of the social welfare act, 1939 PA 280, MCL 400.117a. Sec. 708. (1) As a condition of receiving funds appropriated in part 1 for the child care fund line item, by December 15 of the current fiscal year, counties shall have an approved service spending plan for the current fiscal year. Counties must submit the service spending plan to the department by October 1 of the current fiscal year for approval. Upon submission of the county service spending plan, the department shall approve within 30 calendar days after receipt of a properly completed service plan that complies with the requirements of the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b. The department shall notify and submit county service spending plan revisions to any county whose county service spending plan is not accepted upon initial submission. The department shall not request any additional revisions to a county service spending plan outside of the requested revision notification submitted to the county by the department. The department shall notify a county within 30 days after approval that its service plan was approved. (2) The department shall submit a report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the house and senate policy offices by February 15 of the current fiscal year on the number of counties that fail to submit a service spending plan by October 1 and the number of service spending plans not approved by December 15. The report shall include the number of county service spending plans that were not approved as first submitted by the counties, as well as the number of plans that were not approved by the department after being resubmitted by the county with the first revisions that were requested by the department. Sec. 709. (1) The department’s master contract for juvenile justice residential foster care services shall be amended to prohibit contractors from denying a referral for placement of a youth, or terminating a youth’s placement, if the youth’s assessed treatment needs are in alignment with the facility’s residential program type, as identified by the court or the department. In addition, the master contract shall require that youth placed in juvenile justice residential foster care facilities must have regularly scheduled treatment sessions with a licensed psychologist or psychiatrist, or both, and access to the licensed psychologist or psychiatrist as needed. (2) The rates established for private residential juvenile justice facilities that were in effect on October 1, 2015 remain in effect for the current fiscal year. 1236 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (3) The department shall submit a report by December 31 of the current fiscal year to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the senate and house policy offices on the current placement and status of the youth transferred from the W.J. Maxey Training School during the previous and current fiscal year as a result of the closure. Sec. 721. If the demand for placements at state‑operated juvenile justice residential facilities exceeds capacity, the department shall not increase the available occupancy or services at the facilities, and shall post a request for proposals for a contract with not less than 1 private provider of residential services for juvenile justice youth to be a residential facility of last resort. FIELD OPERATIONS AND SUPPORT SERVICES Sec. 801. (1) Funds appropriated in part 1 for independent living shall be used to support the general operations of centers for independent living in delivering mandated independent living services in compliance with federal rules and regulations for the centers, by existing centers for independent living to serve underserved areas, and for projects to build the capacity of centers for independent living to deliver independent living services. Applications for the funds shall be reviewed in accordance with criteria and procedures established by the department. The funds appropriated in part 1 may be used to leverage federal vocational rehabilitation innovation and expansion funds consistent with 34 CFR 361.35 up to $5,543,000.00, if available. If the possibility of matching federal funds exists, the centers for independent living network will negotiate a mutually beneficial contractual arrangement with Michigan rehabilitation services. Funds shall be used in a manner consistent with the state plan for independent living. Services provided should assist people with disabilities to move toward self‑sufficiency, including support for accessing transportation and health care, obtaining employment, community living, nursing home transition, information and referral services, education, youth transition services, veterans, and stigma reduction activities and community education. This includes the independent living guide project that specifically focuses on economic self‑sufficiency. (2) The Michigan centers for independent living shall provide a report by March 1 of the current fiscal year to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, the house and senate policy offices, and the state budget office on direct customer and system outcomes and performance measures. Sec. 802. The Michigan rehabilitation services shall work collaboratively with the bureau of services for blind persons, service organizations, and government entities to identify qualified match dollars to maximize use of available federal vocational rehabilitation funds. Sec. 803. The department shall provide an annual report by February 1 to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and house and senate policy offices on efforts taken to improve the Michigan rehabilitation services. The report shall include all of the following items: (a) Reductions and changes in administration costs and staffing. (b) Service delivery plans and implementation steps achieved. (c) Reorganization plans and implementation steps achieved. (d) Plans to integrate Michigan rehabilitative services programs into other services provided by the department. (e) Quarterly expenditures by major spending category. (f) Employment and job retention rates from both Michigan rehabilitation services and its nonprofit partners. (g) Success rate of each district in achieving the program goals. Sec. 804. From the funds appropriated in part 1 for Michigan rehabilitation services, the department shall allocate $50,000.00 along with available federal match to support the provision of vocational rehabilitation services to eligible agricultural workers with disabilities. Authorized services shall assist agricultural workers with disabilities in acquiring or maintaining quality employment and independence. Sec. 805. It is the intent of the legislature that Michigan rehabilitation services shall not implement an order of selection for vocational and rehabilitative services. If the department is at risk of entering into an order of selection for services, the department shall notify the chairs of the senate and house subcommittees on the department budget and the senate and house fiscal agencies and policy offices within 2 weeks of receiving notification. Sec. 806. From the funds appropriated in part 1 for Michigan rehabilitation services, the department shall allocate $6,100,300.00, including federal matching funds, to service authorizations with community‑based rehabilitation organizations for job development and other community employment‑related support services. Sec. 807. From the funds appropriated in part 1 for Elder Law of Michigan MiCAFE contract, the department shall allocate not less than $350,000.00 to the Elder Law of Michigan MiCAFE to assist this state’s elderly population in participating in the food assistance program. Of the $350,000.00 allocated under this section, the department shall use $175,000.00, which are general fund/general purpose funds, as state matching funds for not less than $175,000.00 in United States Department of Agriculture funding to provide outreach program activities, such as eligibility screening and information services, as part of a statewide food assistance hotline. Sec. 825. From the funds appropriated in part 1, the department shall provide individuals not more than $500.00 for vehicle repairs, including any repairs done in the previous 12 months. However, the department may in its discretion pay for repairs up to $900.00. Payments under this section shall include the combined total of payments made by the department and work participation program. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1237 Sec. 850. (1) The department shall maintain out‑stationed eligibility specialists in community‑based organizations, community mental health agencies, nursing homes, adult placement and independent living settings, federally qualified health centers, and hospitals unless a community‑based organization, community mental health agency, nursing home, adult placement and independent living setting, federally qualified health centers, or hospital requests that the program be discontinued at its facility. (2) From the funds appropriated in part 1 for donated funds positions, the department shall enter into a contract with any agency that requests a donated funds position and is able and eligible under federal law to provide the required matching funds for federal funding, as determined by federal statute and regulations. If the department denies a request for donated funds positions, the department shall provide to the agency that made the request the federal statute or regulation that supports the denial. If there is no federal statute or regulation that supports the denial, the department shall grant the request for the donated funds position. (3) A contract for a donated funds position must include, but not be limited to, the following performance metrics: (a) Meeting a standard of promptness for processing applications for Medicaid and other public assistance programs under state law. (b) Meeting required standards for error rates in determining programmatic eligibility as determined by the department. (4) The department shall only fill additional donated funds positions after a new contract has been signed. That position shall also be abolished when the contract expires or is terminated. (5) The department shall classify as limited‑term FTEs any new employees who are hired to fulfill the donated funds position contracts or are hired to fill any vacancies from employees who transferred to a donated funds position. (6) By March 1 of the current fiscal year, the department shall submit a report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies and policy offices, and the state budget office detailing information on the donated funds positions, including the total number of occupied positions, the total private contribution of the positions, and the total cost to the state for any nonsalary expenditure for the donated funds position employees. BEHAVIORAL HEALTH SERVICES Sec. 901. Funds appropriated in part 1 are intended to support a system of comprehensive community mental health services under the full authority and responsibility of local CMHSPs or PIHPs in accordance with the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106, the Medicaid provider manual, federal Medicaid waivers, and all other applicable federal and state laws. Sec. 902. (1) From funds appropriated in part 1, final authorizations to CMHSPs or PIHPs shall be made upon the execution of contracts between the department and CMHSPs or PIHPs. The contracts shall contain an approved plan and budget as well as policies and procedures governing the obligations and responsibilities of both parties to the contracts. Each contract with a CMHSP or PIHP that the department is authorized to enter into under this subsection shall include a provision that the contract is not valid unless the total dollar obligation for all of the contracts between the department and the CMHSPs or PIHPs entered into under this subsection for the current fiscal year does not exceed the amount of money appropriated in part 1 for the contracts authorized under this subsection. (2) The department shall immediately report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget director if either of the following occurs: (a) Any new contracts the department has entered into with CMHSPs or PIHPs that would affect rates or expenditures. (b) Any amendments to contracts the department has entered into with CMHSPs or PIHPs that would affect rates or expenditures. (3) The report required by subsection (2) shall include information about the changes and their effects on rates and expenditures. Sec. 904. (1) Not later than May 31 of the current fiscal year, the department shall provide a report on the CMHSPs, PIHPs, regional entities designated by the department as PIHPs, and managing entities for substance use disorders to the members of the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget director that includes the information required by this section. (2) The report shall contain information for each CMHSP, PIHP, regional entity designated by the department as a PIHP, and managing entity for substance use disorders and a statewide summary, each of which shall include at least the following information: (a) A demographic description of service recipients that, minimally, shall include reimbursement eligibility, client population, age, ethnicity, housing arrangements, and diagnosis. (b) Per capita expenditures in total and by client population group and cultural and ethnic groups of the services area, including the deaf and hard of hearing population. (c) Financial information that, minimally, includes a description of funding authorized; expenditures by diagnosis group, service category, and reimbursement eligibility; and cost information by Medicaid, Healthy Michigan plan, state appropriated non‑Medicaid mental health services, local funding, and other fund sources, including administration and funds specified for all outside contracts for services and products. Financial information must include the amount of funding, from each fund source, used to cover clinical services and supports. Service category includes all departmentapproved services. 1238 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (d) Data describing service outcomes that include, but are not limited to, an evaluation of consumer satisfaction, consumer choice, and quality of life concerns including, but not limited to, housing and employment. (e) Information about access to CMHSPs that includes, but is not limited to, the following: (i) The number of people receiving requested services. (ii) The number of people who requested services but did not receive services. (f) The number of second opinions requested under the code and the determination of any appeals. (g) Lapses and carryforwards during the immediately preceding fiscal year for CMHSPs, PIHPs, regional entities designated by the department as PIHPs, and managing entities for substance use disorders. (h) Performance indicator information required to be submitted to the department in the contracts with CMHSPs, PIHPs, regional entities designated by the department as PIHPs, and managing entities for substance use disorders. (i) Administrative expenditures of each CMHSP, PIHP, regional entity designated by the department as a PIHP, and managing entity for substance use disorders that includes a breakout of the salary, benefits, and pension of each executive level staff and shall include the director, chief executive, and chief operating officers and other members identified as executive staff. (3) The department shall include data reporting requirements listed in subsection (2) in the annual contract with each individual CMHSP, PIHP, regional entity designated by the department as a PIHP, and managing entity for substance use disorders. (4) The department shall take all reasonable actions to ensure that the data required are complete and consistent among all CMHSPs, PIHPs, regional entities designated by the department as PIHPs, and managing entities for substance use disorders. Sec. 906. (1) The funds appropriated in part 1 for the state disability assistance substance use disorder services program shall be used to support per diem room and board payments in substance use disorder residential facilities. Eligibility of clients for the state disability assistance substance use disorder services program shall include needy persons 18 years of age or older, or emancipated minors, who reside in a substance use disorder treatment center. (2) The department shall reimburse all licensed substance use disorder programs eligible to participate in the program at a rate equivalent to that paid by the department to adult foster care providers. Programs accredited by department‑approved accrediting organizations shall be reimbursed at the personal care rate, while all other eligible programs shall be reimbursed at the domiciliary care rate. Sec. 907. (1) The amount appropriated in part 1 for substance use disorder prevention, education, and treatment grants shall be expended to coordinate care and services provided to individuals with severe and persistent mental illness and substance use disorder diagnoses. (2) The department shall approve managing entity fee schedules for providing substance use disorder services and charge participants in accordance with their ability to pay. (3) The managing entity shall continue current efforts to collaborate on the delivery of services to those clients with mental illness and substance use disorder diagnoses with the goal of providing services in an administratively efficient manner. Sec. 908. (1) By April 1 of the current fiscal year, the department shall report the following data from the prior fiscal year on substance use disorder prevention, education, and treatment programs to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office: (a) Expenditures stratified by department‑designated community mental health entity, by central diagnosis and referral agency, by fund source, by subcontractor, by population served, and by service type. Additionally, data on administrative expenditures by department‑designated community mental health entity shall be reported. (b) Expenditures per state client, with data on the distribution of expenditures reported using a histogram approach. (c) Number of services provided by central diagnosis and referral agency, by subcontractor, and by service type. Additionally, data on length of stay, referral source, and participation in other state programs. (d) Collections from other first‑ or third‑party payers, private donations, or other state or local programs, by department‑designated community mental health entity, by subcontractor, by population served, and by service type. (2) The department shall take all reasonable actions to ensure that the required data reported are complete and consistent among all department‑designated community mental health entities. Sec. 910. The department shall ensure that substance use disorder treatment is provided to applicants and recipients of public assistance through the department who are required to obtain substance use disorder treatment as a condition of eligibility for public assistance. Sec. 911. (1) The department shall ensure that each contract with a CMHSP or PIHP requires the CMHSP or PIHP to implement programs to encourage diversion of individuals with serious mental illness, serious emotional disturbance, or developmental disability from possible jail incarceration when appropriate. (2) Each CMHSP or PIHP shall have jail diversion services and shall work toward establishing working relationships with representative staff of local law enforcement agencies, including county prosecutors’ offices, county sheriffs’ offices, county jails, municipal police agencies, municipal detention facilities, and the courts. Written interagency agreements describing what services each participating agency is prepared to commit to the local jail diversion effort and the No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1239 procedures to be used by local law enforcement agencies to access mental health jail diversion services are strongly encouraged. Sec. 912. The department shall contract directly with the Salvation Army harbor light program to provide non‑Medicaid substance use disorder services if the local coordinating agency or the department confirms the Salvation Army harbor light program meets the standard of care. The standard of care shall include, but is not limited to, utilization of the medication assisted treatment option. Sec. 918. On or before the twenty‑fifth of each month, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget director on the amount of funding paid to PIHPs to support the Medicaid managed mental health care program in the preceding month. The information shall include the total paid to each PIHP, per capita rate paid for each eligibility group for each PIHP, and number of cases in each eligibility group for each PIHP, and year‑to‑date summary of eligibles and expenditures for the Medicaid managed mental health care program. Sec. 920. (1) As part of the Medicaid rate‑setting process for behavioral health services, the department shall work with PIHP network providers and actuaries to include any state and federal wage and compensation increases that directly impact staff who provide Medicaid‑funded community living supports, personal care services, respite services, skill‑building services, and other similar supports and services as part of the Medicaid rate. (2) It is the intent of the legislature that any increased Medicaid rate related to state minimum wage increases shall also be distributed to direct care employees. Sec. 928. (1) Each PIHP shall provide, from internal resources, local funds to be used as a part of the state match required under the Medicaid program in order to increase capitation rates for PIHPs. These funds shall not include either state funds received by a CMHSP for services provided to non‑Medicaid recipients or the state matching portion of the Medicaid capitation payments made to a PIHP. (2) It is the intent of the legislature that any funds that lapse from the funds appropriated in part 1 for Medicaid mental health services shall be redistributed to individual CMHSPs as a reimbursement of local funds on a proportional basis to those CMHSPs whose local funds were used as state Medicaid match. By April 1 of the current fiscal year, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office on the lapse by PIHP from the previous fiscal year and the projected lapse by PIHP in the current fiscal year. Sec. 935. A county required under the provisions of the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106, to provide matching funds to a CMHSP for mental health services rendered to residents in its jurisdiction shall pay the matching funds in equal installments on not less than a quarterly basis throughout the fiscal year, with the first payment being made by October 1 of the current fiscal year. Sec. 940. (1) According to section 236 of the mental health code, 1974 PA 258, MCL 330.1236, the department shall do both of the following: (a) Review expenditures for each CMHSP to identify CMHSPs with projected allocation surpluses and to identify CMHSPs with projected allocation shortfalls. The department shall encourage the board of a CMHSP with a projected allocation surplus to concur with the department’s recommendation to reallocate those funds to CMHSPs with projected allocation shortfalls. (b) Withdraw funds that have been allocated to a CMHSP if those funds were expended in a manner not provided for in the approved contract and operating budget, including expending funds on services and programs provided to individuals residing outside of the CMHSP’s geographic region. (2) A CMHSP that has its funding allocation transferred out or withdrawn during the current fiscal year as described in subsection (1) is not eligible for any additional funding reallocations during the remainder of the current fiscal year. (3) The department shall notify the chairs of the appropriation subcommittees on the department budget when a request is made and when the department grants approval for reallocation or withdraw as described in subsection (1). By September 30 of the current fiscal year, the department shall provide a report on the amount of funding reallocated or withdrawn to the senate and house appropriation subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office. Sec. 941. From the funds appropriated in part 1 for community mental health non‑Medicaid services, no less than $3,000,000.00 shall be allocated to CMHSPs to support costs related to Medicaid spenddown beneficiaries having to satisfy monthly deductible requirements. Sec. 942. A CMHSP shall provide at least 30 days’ notice before reducing, terminating, or suspending services provided by a CMHSP to CMHSP clients, with the exception of services authorized by a physician that no longer meet established criteria for medical necessity. Sec. 958. Medicaid services shall include treatment for autism spectrum disorders as defined in the federally approved Medicaid state plan. These services may be coordinated with the Medicaid health plans and the Michigan Association of Health Plans. Sec. 960. (1) From the funds appropriated in part 1 for university autism programs, the department shall continue a grant process for autism programs. These grants are intended to increase the number of applied behavioral analysts, 1240 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 increase the number of autism diagnostic services provided, or increase employment of individuals who are diagnosed with autism spectrum disorder. (2) As a condition of accepting the grants described in subsection (1), each university shall track and report back to the department where the individuals who have completed the applied behavioral analysis training are initially employed and the location of the initial employment. (3) Outcomes and performance measures related to this initiative include, but are not limited to, the following: (a) An increase in applied behavioral analysts certified from university autism programs. (b) The number of autism diagnostic services provided. (c) The employment rate of employment program participants. (d) The employment rate of applied behavioral analysts trained through the university autism programs. Sec. 994. (1) Contingent upon federal approval, if a CMHSP, PIHP, or subcontracting provider agency is reviewed and accredited by a national accrediting entity for behavioral health care services, the department, by April 1 of the current fiscal year, shall consider that CMHSP, PIHP, or subcontracting provider agency in compliance with state program review and audit requirements that are addressed and reviewed by that national accrediting entity. (2) By June 1 of the current fiscal year, the department shall report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget office all of the following: (a) A list of each CMHSP, PIHP, and subcontracting provider agency that is considered in compliance with state program review and audit requirements under subsection (1). (b) For each CMHSP, PIHP, or subcontracting provider agency described in subdivision (a), all of the following: (i) The state program review and audit requirements that the CMHSP, PIHP, or subcontracting provider agency is considered in compliance with. (ii) The national accrediting entity that reviewed and accredited the CMHSP, PIHP, or subcontracting provider agency. (3) The department shall continue to comply with state and federal law and shall not initiate an action that negatively impacts beneficiary safety. (4) As used in this section, “national accrediting entity” means the Joint Commission, formerly known as the Joint Commission on Accreditation of Healthcare Organizations, the Commission on Accreditation of Rehabilitation Facilities, the Council on Accreditation, the URAC, formerly known as the Utilization Review Accreditation Commission, the National Committee for Quality Assurance, or other appropriate entity, as approved by the department. Sec. 995. From the funds appropriated in part 1 for behavioral health program administration, $4,350,000.00 is intended to address the recommendations of the mental health diversion council. Sec. 997. The population data used in determining the distribution of substance use disorder block grant funds shall be from the most recent federal census. Sec. 998. For distribution of state general funds to CMHSPs, if the department decides to use census data, the depart­ ment shall use the most recent federal decennial census data available. Sec. 1003. The department shall notify the Michigan Association of Community Mental Health Boards when devel­ oping policies and procedures that will impact PIHPs or CMHSPs. Sec. 1004. The department shall provide the senate and house appropriations subcommittee on the department budget, the senate and house fiscal agencies, and the state budget office any rebased formula changes to either Medicaid behavioral health services or non‑Medicaid mental health services 90 days before implementation. The notification shall include a table showing the changes in funding allocation by PIHP for Medicaid behavioral health services or by CMHSP for non‑Medicaid mental health services. Sec. 1005. For the purposes of special projects involving high‑need children or adults, including the not guilty by reason of insanity population, the department may contract directly with providers of services to these identified populations. Sec. 1007. (1) From the funds appropriated in part 1 for behavioral health program administration, the department shall maintain a psychiatric residential treatment facility and children’s behavioral action team. These services will augment the continuum of behavioral health services for high‑need youth and provide additional continuity of care and transition into supportive community‑based services. (2) Outcomes and performance measures for this initiative include, but are not limited to, the following: (a) The rate of rehospitalization for youth served through the program at 30 and 180 days. (b) Measured change in the Child and Adolescent Functional Assessment Scale for children served through the program. Sec. 1008. The PIHP shall do all of the following: (a) Work to reduce administration costs by ensuring that PIHP responsible functions are efficient to allow optimal transition of dollars to direct services. This process must include limiting duplicate layers of administration and minimizing PIHP‑delegated services that may result in higher costs or inconsistent service delivery, or both. (b) Take an active role in managing mental health care by ensuring consistent and high‑quality service delivery throughout its network and promote a conflict‑free care management environment. (c) Ensure that direct service rate variances are related to the level of need or other quantifiable measures to ensure that the most money possible reaches direct services. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1241 (d) Whenever possible, promote fair and adequate direct care reimbursement, including fair wages for direct service workers. Sec. 1009. (1) The department shall work with PIHP network providers to analyze the workforce challenges of recruitment and retention of staff who provide Medicaid‑funded community living supports, personal care services, respite services, skill building services, and other similar supports and services. The department workgroup must consider ways to attract and retain staff to provide Medicaid‑funded supports and services. (2) The department workgroup must include PIHP providers, CMHSPs, individuals with disabilities, and staff. (3) By March 1 of the current fiscal year, the department shall provide a status report on the workgroup’s suggestions to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget director, making note in the report when the participants outlined in subsection (2) reached consensus on the workgroup’s suggestions and when the participants outlined in subsection (2) had points of difference on the workgroup’s suggestions. Sec. 1010. From the funds appropriated in part 1 for behavioral health program administration, up to $2,000,000.00 shall be allocated to address the implementation of court‑ordered assisted outpatient treatment as provided under chapter 4 of the mental health code, 1974 PA 258, MCL 330.1400 to 330.1491. Sec. 1012. By September 30 of the current fiscal year, the department shall submit a report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office addressing the challenge of meeting monthly deductible requirements in the Medicaid program and establish policy recommendations. The report shall include, but not be limited to, all of the following items: (a) The average number of individuals who do not meet their monthly Medicaid deductibles in this state each year. (b) How the reduction in general fund investment to CMHSPs for non‑Medicaid services has played a role in the inability of many individuals to meet their spenddown. (c) What currently counts as the protected income level and how that compares to other states. (d) An action plan for implementation of any proposed changes. (e) An estimate of the costs that may be incurred from adoption of recommendations included in the report. STATE PSYCHIATRIC HOSPITALS AND FORENSIC MENTAL HEALTH SERVICES Sec. 1051. The department shall continue a revenue recapture project to generate additional revenues from third parties related to cases that have been closed or are inactive. A portion of revenues collected through project efforts may be used for departmental costs and contractual fees associated with these retroactive collections and to improve ongoing departmental reimbursement management functions. Sec. 1052. The purpose of gifts and bequests for patient living and treatment environments is to use additional private funds to provide specific enhancements for individuals residing at state‑operated facilities. Use of the gifts and bequests shall be consistent with the stipulation of the donor. The expected completion date for the use of gifts and bequests donations is within 3 years unless otherwise stipulated by the donor. Sec. 1055. (1) The department shall not implement any closures or consolidations of state hospitals, centers, or agencies until CMHSPs or PIHPs have programs and services in place for those individuals currently in those facilities and a plan for service provision for those individuals who would have been admitted to those facilities. (2) All closures or consolidations are dependent upon adequate department‑approved CMHSP and PIHP plans that include a discharge and aftercare plan for each individual currently in the facility. A discharge and aftercare plan shall address the individual’s housing needs. A homeless shelter or similar temporary shelter arrangements are inadequate to meet the individual’s housing needs. (3) Four months after the certification of closure required in section 19(6) of the state employees’ retirement act, 1943 PA 240, MCL 38.19, the department shall provide a closure plan to the house and senate appropriations subcommittees on the department budget and the state budget director. (4) Upon the closure of state‑run operations and after transitional costs have been paid, the remaining balances of funds appropriated for that operation shall be transferred to CMHSPs or PIHPs responsible for providing services for individuals previously served by the operations. Sec. 1056. The department may collect revenue for patient reimbursement from first‑ and third‑party payers, including Medicaid and local county CMHSP payers, to cover the cost of placement in state hospitals and centers. The department is authorized to adjust financing sources for patient reimbursement based on actual revenues earned. If the revenue collected exceeds current year expenditures, the revenue may be carried forward with approval of the state budget director. The revenue carried forward shall be used as a first source of funds in the subsequent year. Sec. 1057. The department shall work with the department of technology, management, and budget to evaluate the condition of the Hawthorn Center and the Caro Center, the cost‑effectiveness of improvements and investments and make recommendations to improve the quality of the facilities needed by the patients. Sec. 1058. Effective October 1 of the current fiscal year, the department, in consultation with the department of technology, management, and budget, may maintain a bid process to identify 1 or more private contractors to provide food service and custodial services for the administrative areas at any state hospital identified by the department as capable of generating savings through the outsourcing of such services. 1242 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Sec. 1059. (1) From the increased funds appropriated in part 1 in center for forensic psychiatry, the department shall open an additional wing at the center for forensic psychiatry to provide additional capacity for specialized services to criminal defendants who are adjudicated as incompetent to stand trial or not guilty by reason of insanity. (2) The department shall identify specific outcomes and performance measures for this initiative, including, but not limited, to the following: (a) The average wait time for persons ruled incompetent to stand trial before admission to the center for forensic psychiatry. (b) The average wait time for persons ruled incompetent to stand trial before admission to other state‑operated psychiatric facilities. (c) The number of persons waiting to receive services at the center for forensic psychiatry. (d) The number of persons waiting to receive services at other state‑operated hospitals and centers. HEALTH POLICY Sec. 1140. From the funds appropriated in part 1 for primary care services, $250,000.00 shall be allocated to free health clinics operating in the state. The department shall distribute the funds equally to each free health clinic. For the purpose of this appropriation, “free health clinics” means nonprofit organizations that use volunteer health professionals to provide care to uninsured individuals. Sec. 1142. The department shall continue to seek means to increase retention of Michigan medical school students for completion of their primary care residency requirements within this state and ultimately, for some period of time, to remain in this state and serve as primary care physicians. The department is encouraged to work with Michigan institutions of higher education. Sec. 1143. The department may award health innovation grants to address emerging issues and encourage cutting edge advances in health care including strategic partners in both the public and private sectors. Sec. 1144. (1) From the funds appropriated in part 1 for health policy administration, the department shall allocate the federal state innovation model grant funding that supports implementation of the health delivery system innovations detailed in this state’s “Reinventing Michigan’s Health Care System: Blueprint for Health Innovation” document. This initiative will test new payment methodologies, support improved population health outcomes, and support improved infrastructure for technology and data sharing and reporting. The funds will be used to provide financial support directly to regions participating in the model test and to support statewide stakeholder guidance and technical support. (2) Outcomes and performance measures for the initiative under subsection (1) include, but are not limited to, the following: (a) Increasing the number of physician practices fulfilling patient‑centered medical home functions. (b) Reducing inappropriate health utilization, specifically reducing preventable emergency department visits, reducing the proportion of hospitalizations for ambulatory sensitive conditions, and reducing this state’s 30‑day hospital readmis­ sion rate. (3) By March 1 and September 1 of the current fiscal year, the department shall submit a written report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget office on the status of the program and progress made since the prior report. (4) From the funds appropriated in part 1 for health policy administration, any data aggregator created as part of the allocation of the federal state innovation model grant funds must meet the following standards: (a) The primary purpose of the data aggregator must be to increase the quality of health care delivered in this state, while reducing costs. (b) The data aggregator must be governed by a nonprofit entity. (c) All decisions regarding the establishment, administration, and modification of the database must be made by an advisory board. The membership of the advisory board must include the director of the department or a designee of the director and representatives of health carriers, consumers, and purchasers. (d) The data aggregator must receive health care claims information from, without limitation, commercial health carriers, nonprofit health care corporations, health maintenance organizations, and third party administrators that process claims under a service contract. (e) The data aggregator must use existing data sources and technological infrastructure, to the extent possible. Sec. 1145. The department will take steps necessary to work with Indian Health Service, Tribal or Urban Indian Health Program facilities that provide services under a contract with a Medicaid managed care entity to ensure that those facilities receive the maximum amount allowable under federal law for Medicaid services. Sec. 1146. From the funds appropriated in part 1 for bone marrow transplant registry, $250,000.00 shall be allocated to Michigan Blood, the partner of the match registry of the national marrow donor program. The funds shall be used to offset ongoing tissue typing expenses associated with donor recruitment and collection services and to expand those services to better serve the citizens of this state. Sec. 1150. From the funds appropriated in part 1 for health policy administration, the department shall dedicate 1.0 FTE to coordinate with the department of licensing and regulatory affairs, the department of the attorney general, all appropriate law enforcement agencies, and the Medicaid health plans to reduce fraud related to opioid prescribing within No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1243 Medicaid, and to address other appropriate recommendations of the prescription drug and opioid abuse task force outlined in its report of October 2015. By October 1 of the current fiscal year, the department shall submit a report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office on steps the department has taken to coordinate with the entities listed in this section and other stakeholders to reduce fraud related to opioid prescribing, and to address other appropriate recommendations of the task force. Sec. 1151. From the funds appropriated in part 1 for health policy administration, the department shall dedicate 1.0 FTE to coordinate with the department of licensing and regulatory affairs, the department of the attorney general, all appropriate law enforcement agencies, and the Medicaid health plans to work with local substance use disorder agencies and addiction treatment providers to help inform Medicaid beneficiaries of all medically appropriate treatment options for opioid addiction when their treating physician stops prescribing prescription opioid medication for pain, and to address other appropriate recommendations of the prescription drug and opioid abuse task force outlined in its report of October 2015. By October 1 of the current fiscal year, the department shall submit a report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office on how the department is working with local substance use disorder agencies and addiction treatment providers to ensure that Medicaid beneficiaries are informed of all available and medically appropriate treatment options for opioid addiction when their treating physician stops prescribing prescription opioid medication for pain, and to address other appropriate recommendations of the task force. The report shall include any potential barriers to medication‑assisted treatment, as recommended by the Michigan medication‑assisted treatment guidelines, for Medicaid beneficiaries in both office‑based opioid treatment and opioid treatment program facility settings. DISEASE CONTROL, PREVENTION, AND EPIDEMIOLOGY Sec. 1180. (1) From the funds appropriated in part 1 for the healthy homes program, no less than $1,750,000.00 shall be allocated for lead abatement of homes. (2) By January 1 of the current fiscal year, the department shall provide a report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget office on the expendi­ tures and activities undertaken by the lead abatement program in the previous fiscal year from the funds appropriated in part 1 for the healthy homes program. The report shall include, but is not limited to, a funding allocation schedule, expenditures by category of expenditure and by subcontractor, revenues received, description of program elements, and description of program accomplishments and progress. LOCAL HEALTH AND ADMINISTRATIVE SERVICES Sec. 1220. The amount appropriated in part 1 for implementation of the 1993 additions of or amendments to sec­ tions 9161, 16221, 16226, 17014, 17015, and 17515 of the public health code, 1978 PA 368, MCL 333.9161, 333.16221, 333.16226, 333.17014, 333.17015, and 333.17515, shall be used to reimburse local health departments for costs incurred related to implementation of section 17015(18) of the public health code, 1978 PA 368, MCL 333.17015. Sec. 1221. If a county that has participated in a district health department or an associated arrangement with other local health departments takes action to cease to participate in such an arrangement after October 1 of the current fiscal year, the department shall have the authority to assess a penalty from the local health department’s operational accounts in an amount equal to no more than 6.25% of the local health department’s essential local public health services funding. This penalty shall only be assessed to the local county that requests the dissolution of the health department. Sec. 1222. (1) Funds appropriated in part 1 for essential local public health services shall be prospectively allocated to local health departments to support immunizations, infectious disease control, sexually transmitted disease control and prevention, hearing screening, vision services, food protection, public water supply, private groundwater supply, and on‑site sewage management. Food protection shall be provided in consultation with the department of agriculture and rural development. Public water supply, private groundwater supply, and on‑site sewage management shall be provided in consultation with the department of environmental quality. (2) Local public health departments shall be held to contractual standards for the services in subsection (1). (3) Distributions in subsection (1) shall be made only to counties that maintain local spending in the current fiscal year of at least the amount expended in fiscal year 1992‑1993 for the services described in subsection (1). (4) By December 1 of the current fiscal year, the department shall provide a report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget director on the planned allocation of the funds appropriated for essential local public health services. Sec. 1223. (1) From the funds appropriated in part 1 for dental programs, $150,000.00 shall be allocated to the Michigan Dental Association for the administration of a volunteer dental program that provides dental services to the uninsured. (2) Not later than December 1 of the current fiscal year, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house standing committees on health policy, the senate and house fiscal agencies, and the state budget office the number of individual patients treated, number of procedures performed, and approximate total market value of those procedures from the immediately preceding fiscal year. 1244 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Sec. 1224. The department shall use revenue from mobile dentistry facility permit fees received under section 21605 of the public health code, 1978 PA 368, MCL 333.21605, to offset the cost of the permit program. Sec. 1225. The department shall work with the Michigan health endowment fund corporation established under section 653 of the nonprofit health care corporation reform act, 1980 PA 350, MCL 550.1653, to explore ways to fund and evaluate current and future policies and programs. It is the intent of the legislature that, by March 1 of the current fiscal year, the senate and house appropriations subcommittees on the department budget shall hold a joint hearing for the purpose of a presentation by the Michigan health endowment fund corporation and the department, detailing the steps taken to work together, and to report on initiatives supported by the Michigan health endowment fund. Sec. 1226. From the funds appropriated in part 1 for health and wellness initiatives, $1,000,000.00 shall be allocated for a school children’s healthy exercise program to promote and advance physical health for school children in kindergarten through grade 8. The department shall recommend model programs for sites to implement that incorporate evidence‑based best practices. The department shall grant no less than 1/2 of the funds appropriated in part 1 for before‑ and after‑school programs. The department shall establish guidelines for program sites, which may include schools, community‑based organizations, private facilities, recreation centers, or other similar sites. The program format shall encourage local determination of site activities and shall encourage local inclusion of youth in the decision‑making regarding site activities. Program goals shall include children experiencing improved physical health and access to physical activity opportunities, the reduction of obesity, providing a safe place to play and exercise, and nutrition education. To be eligible to participate, program sites shall provide a 20% match to the state funding, which may be provided in full, or in part, by a corporation, foundation, or private partner. The department shall seek financial support from corporate, foundation, or other private partners for the program or for individual program sites. Sec. 1227. The department shall establish criteria for all funds allocated under part 1 for health and wellness initiatives. The criteria must include a requirement that all programs funded be evidence‑based and supported by research, include interventions that have been shown to demonstrate outcomes that lower cost and improve quality, and be designed for statewide impact. Preference must be given to programs that utilize the funding as match for additional resources including, but not limited to, federal sources. Sec. 1228. Upon request, the department, in conjunction with the vendor, shall evaluate and analyze the costs and benefits of the traumatic brain injury pilot project as funded in article IV of 2014 PA 252. Sec. 1229. (1) From the funds appropriated in part 1 for dental programs, $1,550,000.00 shall be distributed to local health departments who partner with a qualified nonprofit provider of dental services for the purpose of providing high‑quality dental homes for seniors, children, and adults enrolled in Medicaid, and low‑income uninsured. (2) In order to be considered a qualified nonprofit provider of dental services, the provider must demonstrate an effective health insurance enrollment process for uninsured patients and demonstrate to the department an effective process of charging patients on a sliding scale based on the patient’s ability to pay. (3) Outcomes and performance measures for the program under this section include, but are not limited to, the following: (a) The number of uninsured patients who visited a participating dentist over the prior year, broken down between adults and children. (b) The number of patients assisted with health insurance enrollment, broken down between adults and children. (c) A 5‑year trend of the number of uninsured patients being served, broken down between adults and children. FAMILY, MATERNAL, AND CHILD HEALTH Sec. 1300. The department shall monitor estimated public funds administered by the department for family planning, sexually transmitted infection prevention and treatment, and pregnancies and births, as well as demographics collected by the department as voluntarily self‑reported by individuals utilizing those services. The department shall monitor the actual expenditures by marital status or, where actual expenditures are not available, shall monitor estimated expenditures by marital status. The department may utilize the DCH‑1426 application for health coverage and help paying costs or any other official application for public assistance for medical coverage to determine the actual or estimated public expenditures based on marital status. The department shall provide this information upon request of the legislature. Sec. 1301. (1) Before April 1 of the current fiscal year, the department shall submit a report to the house and senate fiscal agencies and the state budget director on planned allocations from the amounts appropriated in part 1 for local MCH services, prenatal care outreach and service delivery support, family planning local agreements, and pregnancy prevention programs. Using applicable federal definitions, the report shall include information on all of the following: (a) Funding allocations. (b) Actual number of women, children, and adolescents served and amounts expended for each group for the immediately preceding fiscal year. (c) A breakdown of the expenditure of these funds between urban and rural communities. (2) The department shall ensure that the distribution of funds through the programs described in subsection (1) takes into account the needs of rural communities. (3) For the purposes of this section, “rural” means a county, city, village, or township with a population of 30,000 or less, including those entities if located within a metropolitan statistical area. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1245 Sec. 1302. Each family planning program receiving federal title X family planning funds under 42 USC 300 to 300a‑8 shall be in compliance with all performance and quality assurance indicators that the office of population affairs within the United States Department of Health and Human Services specifies in the program guidelines for project grants for family planning services. An agency not in compliance with the indicators shall not receive supplemental or reallocated funds. Sec. 1303. The department shall not contract with an organization that provides elective abortions, abortion counseling, or abortion referrals, for services that are to be funded with state restricted or state general fund/general purpose funds appropriated in part 1 for family planning local agreements. An organization under contract with the department shall not subcontract with an organization that provides elective abortions, abortion counseling, or abortion referrals, for services that are to be funded with state restricted or state general fund/general purpose funds appropriated in part 1 for family planning local agreements. Sec. 1304. The department shall not use state restricted funds or state general funds appropriated in part 1 in the pregnancy prevention program or family planning local agreements appropriation line items for abortion counseling, referrals, or services. Sec. 1307. From the funds appropriated in part 1 for prenatal care outreach and service delivery support, $400,000.00 of TANF revenue shall be allocated for a pregnancy and parenting support services program, which program must promote childbirth, alternatives to abortion, and grief counseling. The department shall establish a program with a qualified contractor that will contract with qualified service providers to provide free counseling, support, and referral services to eligible women during pregnancy through 12 months after birth. As appropriate, the goals for client outcomes shall include an increase in client support, an increase in childbirth choice, an increase in adoption knowledge, an improvement in parenting skills, and improved reproductive health through abstinence education. The contractor of the program shall provide for program training, client educational material, program marketing, and annual service provider site monitoring. The department shall submit a report to the house and senate appropriations subcommittees on the department budget and the house and senate fiscal agencies by April 1 of the current fiscal year on the number of clients served. Sec. 1308. From the funds appropriated in part 1 for prenatal care outreach and service delivery support, not less than $500,000.00 of funding shall be allocated for evidence‑based programs to reduce infant mortality including nurse family partnership programs. The funds shall be used for enhanced support and education to nursing teams or other teams of qualified health professionals, client recruitment in areas designated as underserved for obstetrical and gynecological services and other high‑need communities, strategic planning to expand and sustain programs, and marketing and communications of programs to raise awareness, engage stakeholders, and recruit nurses. Sec. 1309. The department shall allocate funds appropriated in section 117 of part 1 for family, maternal, and child health according to section 1 of 2002 PA 360, MCL 333.1091. Sec. 1310. The department shall continue to work jointly with the Michigan state housing development authority and the joint task force established under article IV of 2014 PA 252 to review housing rehabilitation, energy and weatherization, and hazard abatement program policies and to make recommendations for integrating and coordinating project delivery with the goals of serving more families and achieving better outcomes by maximizing state and federal resources. The joint task force may provide recommendations to the department. Recommendations of the joint task force must give consideration to best practices and cost effectiveness. Sec. 1311. From the funds appropriated in part 1 for prenatal care outreach and service delivery support, equal consideration shall be given to all eligible evidence‑based providers in all regions in contracting for rural home visitation services. Sec. 1313. (1) The department shall continue developing an outreach program on fetal alcohol syndrome services, targeting health promotion, prevention, and intervention as described in the Michigan fetal alcohol spectrum disorders 5‑year plan 2015‑2020. (2) The department shall explore federal grant funding to address prevention services for fetal alcohol syndrome and reduce alcohol consumption among pregnant women. Sec. 1340. The department shall include national brand peanut butter on the list of approved women, infants, and children special supplemental nutrition program basket items. CHILDREN’S SPECIAL HEALTH CARE SERVICES Sec. 1360. The department may do 1 or more of the following: (a) Provide special formula for eligible clients with specified metabolic and allergic disorders. (b) Provide medical care and treatment to eligible patients with cystic fibrosis who are 21 years of age or older. (c) Provide medical care and treatment to eligible patients with hereditary coagulation defects, commonly known as hemophilia, who are 21 years of age or older. (d) Provide human growth hormone to eligible patients. Sec. 1361. From the funds appropriated in part 1 for medical care and treatment, the department is authorized to spend those funds for the continued development and expansion of telemedicine capacity to allow families with children in the children’s special health care services program to access specialty providers more readily and in a more timely manner. 1246 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 AGING AND ADULT SERVICES AGENCY Sec. 1402. The department may encourage the Food Bank Council of Michigan to collaborate directly with each area agency on aging and any other organizations that provide senior nutrition services to secure the food access of vulnerable seniors. Sec. 1403. (1) By February 1 of the current fiscal year, the aging and adult services agency shall require each region to report to the aging and adult services agency and to the legislature home‑delivered meals waiting lists based upon standard criteria. Determining criteria shall include all of the following: (a) The recipient’s degree of frailty. (b) The recipient’s inability to prepare his or her own meals safely. (c) Whether the recipient has another care provider available. (d) Any other qualifications normally necessary for the recipient to receive home‑delivered meals. (2) Data required in subsection (1) shall be recorded only for individuals who have applied for participation in the home‑delivered meals program and who are initially determined as likely to be eligible for home‑delivered meals. Sec. 1417. The department shall provide to the senate and house appropriations subcommittees on the department budget, senate and house fiscal agencies, and state budget director a report by March 30 of the current fiscal year that contains all of the following: (a) The total allocation of state resources made to each area agency on aging by individual program and administration. (b) Detail expenditure by each area agency on aging by individual program and administration including both state‑funded resources and locally‑funded resources. Sec. 1421. From the funds appropriated in part 1 for community services, $1,100,000.00 shall be allocated to area agencies on aging for locally determined needs. Sec. 1422. (1) From the funds appropriated in part 1 for aging and adult services administration, not less than $300,000.00 shall be allocated for the department to contract with the Prosecuting Attorneys Association of Michigan to provide the support and services necessary to increase the capability of the state’s prosecutors, adult protective service system, and criminal justice system to effectively identify, investigate, and prosecute elder abuse and financial exploitation. (2) By March 1 of the current fiscal year, the Prosecuting Attorneys Association of Michigan shall provide a report on the efficacy of the contract to the state budget office, the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the house and senate policy offices. Sec. 1424. From the funds appropriated in part 1 for community services, $150,000.00 is appropriated for Alzheimer’s disease services and shall be remitted to the Alzheimer’s association‑Michigan chapters for the purpose of carrying out a pilot project in Macomb, Monroe, and St. Joseph Counties. The fiduciary for the funds is the Alzheimer’s association‑greater Michigan chapter. The Alzheimer’s association shall provide enhanced services, including 24/7 helpline, continued care consultation, and support groups, to individuals with Alzheimer’s disease or dementia and their families in the 3 counties, and partner with a Michigan public university to study whether provision of such in‑home support services significantly delays the need for residential long‑term care services for individuals with Alzheimer’s disease or dementia. The study must also consider potential cost savings related to the delay of long‑term care services, if a delay is shown. Sec. 1425. The department shall coordinate with the department of licensing and regulatory affairs to ensure that, upon receipt of the order of suspension of a licensed adult foster care home, home for the aged, or nursing home, the department of licensing and regulatory affairs shall provide notice to the department and to the house and senate appropriations subcommittees on the department budget. MEDICAL SERVICES ADMINISTRATION Sec. 1501. The unexpended funds appropriated in part 1 for the electronic health records incentive program are considered work project appropriations, and any unencumbered or unallotted funds are carried forward into the following fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the project to be carried forward is to implement the Medicaid electronic health record program that provides financial incentive payments to Medicaid health care providers to encourage the adoption and meaningful use of electronic health records to improve quality, increase efficiency, and promote safety. (b) The projects will be accomplished according to the approved federal advanced planning document. (c) The estimated cost of this project phase is identified in the appropriation line item. (d) The tentative completion date for the work project is September 30, 2021. Sec. 1502. The department shall spend available work project revenue and any associated federal match to create and develop a transparency database website. This funding is contingent upon enactment of enabling legislation. Sec. 1503. From the funds appropriated in part 1 for Healthy Michigan plan administration, the department shall maintain an accounting structure within the Michigan administrative information network that will allow expenditures associated with the administration of the Healthy Michigan plan to be identified. Sec. 1505. By March 1 and September 1 of the current fiscal year, the department shall submit a report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office including both of the following: (a) The department’s projected annual increase in reimbursement savings and cost offsets that will result from the funds appropriated in part 1 for the office of inspector general and third party liability efforts. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1247 (b) The actual increase in reimbursement savings and cost offsets that have resulted from the funds appropriated in part 1 for the office of inspector general and third party liability efforts. Sec. 1506. The department shall submit to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office a quarterly report on the implementation status of the public assistance call center that includes all of the following information: (a) Call volume during the prior quarter. (b) Percentage of calls resolved through the public assistance call center. (c) Percentage of calls transferred to a local department office or other office for resolution. (d) Number of Medicaid applications completed by the public assistance call center staff and submitted on behalf of clients. Sec. 1507. (1) From the funds appropriated in part 1 for technology supporting integrated service delivery, the depart­ ment shall establish new information technology tools and enhance existing systems to improve the eligibility and enrollment process for citizens accessing department administered programs. This information technology system will consolidate beneficiary information, support department caseworker efforts in building a success plan for beneficiaries, and better support department staff in supporting enrollees in assistance programs. (2) Outcomes and performance measures for the initiative under subsection (1) include, but are not limited to, the following: (a) Successful consolidation of data warehouses maintained by the department. (b) The amount of time a department caseworker devotes to data entry when initiating an enrollee application. (c) A reduction in wait times for persons enrolled in assistance programs to speak with department staff and get necessary changes made. (d) A reduction in department caseworker workload. MEDICAL SERVICES Sec. 1601. The cost of remedial services incurred by residents of licensed adult foster care homes and licensed homes for the aged shall be used in determining financial eligibility for the medically needy. Remedial services include basic self‑care and rehabilitation training for a resident. Sec. 1603. (1) The department may establish a program for individuals to purchase medical coverage at a rate determined by the department. (2) The department may receive and expend premiums for the buy‑in of medical coverage in addition to the amounts appropriated in part 1. (3) The premiums described in this section shall be classified as private funds. Sec. 1605. The protected income level for Medicaid coverage determined pursuant to section 106(1)(b)(iii) of the social welfare act, 1939 PA 280, MCL 400.106, shall be 100% of the related public assistance standard. Sec. 1606. For the purpose of guardian and conservator charges, the department may deduct up to $83.00 per month as an allowable expense against a recipient’s income when determining medical services eligibility and patient pay amounts. Sec. 1607. (1) An applicant for Medicaid, whose qualifying condition is pregnancy, shall immediately be presumed to be eligible for Medicaid coverage unless the preponderance of evidence in her application indicates otherwise. The applicant who is qualified as described in this subsection shall be allowed to select or remain with the Medicaid participating obstetrician of her choice. (2) An applicant qualified as described in subsection (1) shall be given a letter of authorization to receive Medicaid covered services related to her pregnancy. All qualifying applicants shall be entitled to receive all medically necessary obstetrical and prenatal care without preauthorization from a health plan. All claims submitted for payment for obstetrical and prenatal care shall be paid at the Medicaid fee‑for‑service rate in the event a contract does not exist between the Medicaid participating obstetrical or prenatal care provider and the managed care plan. The applicant shall receive a listing of Medicaid physicians and managed care plans in the immediate vicinity of the applicant’s residence. (3) In the event that an applicant, presumed to be eligible pursuant to subsection (1), is subsequently found to be ineligible, a Medicaid physician or managed care plan that has been providing pregnancy services to an applicant under this section is entitled to reimbursement for those services until such time as they are notified by the department that the applicant was found to be ineligible for Medicaid. (4) If the preponderance of evidence in an application indicates that the applicant is not eligible for Medicaid, the department shall refer that applicant to the nearest public health clinic or similar entity as a potential source for receiving pregnancy‑related services. (5) The department shall develop an enrollment process for pregnant women covered under this section that facilitates the selection of a managed care plan at the time of application. (6) The department shall mandate enrollment of women, whose qualifying condition is pregnancy, into Medicaid managed care plans. (7) The department shall encourage physicians to provide women, whose qualifying condition for Medicaid is pregnancy, with a referral to a Medicaid participating dentist at the first pregnancy‑related appointment. 1248 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Sec. 1611. (1) For care provided to medical services recipients with other third‑party sources of payment, medical services reimbursement shall not exceed, in combination with such other resources, including Medicare, those amounts established for medical services‑only patients. The medical services payment rate shall be accepted as payment in full. Other than an approved medical services co‑payment, no portion of a provider’s charge shall be billed to the recipient or any person acting on behalf of the recipient. Nothing in this section shall be considered to affect the level of payment from a third‑party source other than the medical services program. The department shall require a nonenrolled provider to accept medical services payments as payment in full. (2) Notwithstanding subsection (1), medical services reimbursement for hospital services provided to dual Medicare/ medical services recipients with Medicare part B coverage only shall equal, when combined with payments for Medicare and other third‑party resources, if any, those amounts established for medical services‑only patients, including capital payments. Sec. 1620. (1) According to the federal covered outpatient drug final rule with comment (CMS‑2345‑FC), the department shall establish a professional pharmaceutical dispensing fee for pharmacy benefits that are reimbursed on a fee‑for‑service basis. In establishing this fee, the department shall comply with federal law while taking into consideration the state’s long‑term financial exposure and Medicaid beneficiaries’ access to care. The established fee shall not be lower than the amount in effect on October 1, 2015. (2) The department shall require a prescription co‑payment for Medicaid recipients not enrolled in the Healthy Michigan plan or with an income less than 100% of the federal poverty level of $1.00 for a generic drug and $3.00 for a brand‑name drug, except as prohibited by federal or state law or regulation. (3) The department shall require a prescription co‑payment for Medicaid recipients enrolled in the Healthy Michigan plan with an income of at least 100% of the federal poverty level of $4.00 for a generic drug and $8.00 for a brand‑name drug, except as prohibited by federal or state law or regulation. Sec. 1629. The department shall utilize maximum allowable cost pricing for generic drugs that is based on wholesaler pricing to providers that is available from at least 2 wholesalers who deliver in this state. Sec. 1631. (1) The department shall require co‑payments on dental, podiatric, and vision services provided to Medicaid recipients, except as prohibited by federal or state law or regulation. (2) Except as otherwise prohibited by federal or state law or regulation, the department shall require Medicaid recipients not enrolled in the Healthy Michigan plan or with an income less than 100% of the federal poverty level to pay not less than the following co‑payments: (a) Two dollars for a physician office visit. (b) Three dollars for a hospital emergency room visit. (c) Fifty dollars for the first day of an inpatient hospital stay. (d) One dollar for an outpatient hospital visit. (3) Except as otherwise prohibited by federal or state law or regulation, the department shall require Medicaid recipients enrolled in the Healthy Michigan plan with an income of at least 100% of the federal poverty level to pay the following co‑payments: (a) Four dollars for a physician office visit. (b) Eight dollars for a hospital emergency room visit. (c) One hundred dollars for the first day of an inpatient hospital stay. (d) Four dollars for an outpatient hospital visit or any other medical provider visit to the extent allowed by federal or state law or regulation. Sec. 1641. An institutional provider that is required to submit a cost report under the medical services program shall submit cost reports completed in full within 5 months after the end of its fiscal year. Sec. 1645. The department shall consider using the most recent 3 years of actual days of care provided, as reported in the annual cost reports, for the purpose of establishing the nursing facility quality assurance assessment fee. For any year in which the estimated days of care compared to the actual days of care provided by each nursing home and hospital long‑term care unit creates an aggregate overpayment of $1,000,000.00 or more as a result of the nursing facility quality assurance assessment fee, the department shall report the excess assessed amount to the senate and house appropriation subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office. By April 1 of the current fiscal year, the department shall report on feasibility of creating a more accurate formula for next year’s assessment and a recommendation if a refund can or cannot be made to the senate and house appropriation subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office. Sec. 1657. (1) Reimbursement for medical services to screen and stabilize a Medicaid recipient, including stabilization of a psychiatric crisis, in a hospital emergency room shall not be made contingent on obtaining prior authorization from the recipient’s HMO. If the recipient is discharged from the emergency room, the hospital shall notify the recipient’s HMO within 24 hours of the diagnosis and treatment received. (2) If the treating hospital determines that the recipient will require further medical service or hospitalization beyond the point of stabilization, that hospital shall receive authorization from the recipient’s HMO prior to admitting the recipient. (3) Subsections (1) and (2) do not require an alteration to an existing agreement between an HMO and its contracting hospitals and do not require an HMO to reimburse for services that are not considered to be medically necessary. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1249 Sec. 1659. The following sections of this part are the only ones that shall apply to the following Medicaid managed care programs, including the comprehensive plan, MIChoice long‑term care plan, and the mental health, substance use disorder, and developmentally disabled services program: 904, 911, 918, 920, 928, 942, 994, 1008, 1607, 1657, 1662, 1699, 1700, 1702, 1704, 1764, 1806, 1809, 1810, 1820, 1850, 1875, 1882, and 1888. Sec. 1662. (1) The department shall ensure that an external quality review of each contracting HMO is performed that results in an analysis and evaluation of aggregated information on quality, timeliness, and access to health care services that the HMO or its contractors furnish to Medicaid beneficiaries. (2) The department shall require Medicaid HMOs to provide EPSDT utilization data through the encounter data system, and HEDIS well child health measures in accordance with the National Committee for Quality Assurance prescribed methodology. (3) The department shall provide a copy of the analysis of the Medicaid HMO annual audited HEDIS reports and the annual external quality review report to the senate and house of representatives appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget director, within 30 days of the department’s receipt of the final reports from the contractors. Sec. 1670. (1) The appropriation in part 1 for the MIChild program is to be used to provide comprehensive health care to all children under age 19 who reside in families with income at or below 212% of the federal poverty level, who are uninsured and have not had coverage by other comprehensive health insurance within 6 months of making application for MIChild benefits, and who are residents of this state. The department shall develop detailed eligibility criteria through the medical services administration public concurrence process, consistent with the provisions of this part and part 1. (2) The department may provide up to 1 year of continuous eligibility to children eligible for the MIChild program unless the family fails to pay the monthly premium, a child reaches age 19, or the status of the children’s family changes and its members no longer meet the eligibility criteria as specified in the state plan. (3) To be eligible for the MIChild program, a child must be residing in a family with an adjusted gross income of less than or equal to 212% of the federal poverty level. The department’s verification policy shall be used to determine eligibility. (4) The department may make payments on behalf of children enrolled in the MIChild program as described in the MIChild state plan approved by the United States Department of Health and Human Services, or from other medical services. Sec. 1673. The department may establish premiums for MIChild eligible individuals in families with income at or below 212% of the federal poverty level. The monthly premiums shall be $10.00 per month. Sec. 1677. The MIChild program shall provide, at a minimum, all benefits available under the Michigan benchmark plan that are delivered through contracted providers and consistent with federal law, including, but not limited to, the following medically necessary services: (a) Inpatient mental health services, other than substance use disorder treatment services, including services furnished in a state‑operated mental hospital and residential or other 24‑hour therapeutically planned structured services. (b) Outpatient mental health services, other than substance use disorder services, including services furnished in a state‑operated mental hospital and community‑based services. (c) Durable medical equipment and prosthetic and orthotic devices. (d) Dental services as outlined in the approved MIChild state plan. (e) Substance use disorder treatment services that may include inpatient, outpatient, and residential substance use disorder treatment services. (f) Care management services for mental health diagnoses. (g) Physical therapy, occupational therapy, and services for individuals with speech, hearing, and language disorders. (h) Emergency ambulance services. Sec. 1682. (1) In addition to the appropriations in part 1, the department is authorized to receive and spend penalty money received as the result of noncompliance with medical services certification regulations. Penalty money, charac­ terized as private funds, received by the department shall increase authorizations and allotments in the long‑term care accounts. (2) Any unexpended penalty money, at the end of the year, shall carry forward to the following year. Sec. 1692. (1) The department is authorized to pursue reimbursement for eligible services provided in Michigan schools from the federal Medicaid program. The department and the state budget director are authorized to negotiate and enter into agreements, together with the department of education, with local and intermediate school districts regarding the sharing of federal Medicaid services funds received for these services. The department is authorized to receive and disburse funds to participating school districts pursuant to such agreements and state and federal law. (2) From the funds appropriated in part 1 for medical services school‑based services payments, the department is authorized to do all of the following: (a) Finance activities within the medical services administration related to this project. (b) Reimburse participating school districts pursuant to the fund‑sharing ratios negotiated in the state‑local agreements authorized in subsection (1). 1250 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (c) Offset general fund costs associated with the medical services program. Sec. 1693. The special Medicaid reimbursement appropriation in part 1 may be increased if the department submits a medical services state plan amendment pertaining to this line item at a level higher than the appropriation. The department is authorized to appropriately adjust financing sources in accordance with the increased appropriation. Sec. 1694. From the funds appropriated in part 1 for special Medicaid reimbursement, $386,700.00 of general fund/ general purpose revenue and any associated federal match shall be distributed for poison control services to an academic health care system that includes a children’s hospital that has a high indigent care volume. Sec. 1699. (1) The department may make separate payments in the amount of $45,000,000.00 directly to qualifying hospitals serving a disproportionate share of indigent patients and to hospitals providing GME training programs. If direct payment for GME and DSH is made to qualifying hospitals for services to Medicaid recipients, hospitals shall not include GME costs or DSH payments in their contracts with HMOs. (2) The department shall allocate $45,000,000.00 in DSH funding using the distribution methodology used in fiscal year 2003‑2004. Sec. 1700. (1) By December 1 of the current fiscal year, the department shall report to the senate and house appro­ priations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office on the distribution of funding provided, and the net benefit if the special hospital payment is not financed with general fund/ general purpose revenue, to each eligible hospital during the previous fiscal year from the following special hospital payments: (a) DSH, separated out by unique DSH pool. (b) GME. (c) Special rural hospital payments provided under section 1866. (d) Lump‑sum payments to rural hospitals for obstetrical care provided under section 1802. (2) By May 1 of the current fiscal year, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office on the projected distribution of funding, and the projected net benefit if the special hospital payment is not financed with general fund/general purpose revenue, to each eligible hospital from the following special hospital payments: (a) DSH, separated out by unique DSH pool. (b) GME. (c) Special rural hospital payments provided under section 1866. (d) Lump‑sum payments to rural hospitals for obstetrical care provided under section 1802. Sec. 1701. The department shall consider implementing a direct primary care pilot program for Medicaid enrollees. Each Medicaid enrollee who participates in the pilot program shall be enrolled in a direct primary care provider plan that is under contract with 1 or more Medicaid managed care health plans. Outcomes and performance measures for the direct primary care pilot program include, but are not limited to, the following: (a) The number of enrollees in the pilot program by Medicaid eligibility category. (b) Direct primary care cost per enrollee. (c) Other Medicaid managed care cost savings generated from direct primary care. Sec. 1702. From the funds appropriated in part 1, the department shall provide a 15% rate increase for private duty nursing services for Medicaid beneficiaries under the age of 21. These additional funds must be used to attract and retain highly qualified registered nurses and licensed practical nurses to provide private duty nursing services so that medically frail children can be cared for in the most homelike setting possible. Sec. 1704. (1) From the funds appropriated in part 1 for dental services, the department shall allocate $2,726,000.00 to support the enhancement of the Medicaid adult dental benefit for pregnant women enrolled in a Medicaid program. (2) Outcomes and performance measures for the program change under this section include, but are not limited to, the following: (a) The number of pregnant women enrolled in Medicaid who visited a dentist over the prior year. (b) The number of dentists statewide who participate in providing dental services to pregnant women enrolled in Medicaid. Sec. 1705. By March 1 of the current fiscal year, the department shall provide to the senate and house appropriation subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office a report to evaluate the various reimbursement rates provided to ambulatory surgical centers, to explain why any differences in reim­ burse­ment rates exist, and to recommend any changes to the reimbursement rates. Sec. 1724. The department shall allow licensed pharmacies to purchase injectable drugs for the treatment of respiratory syncytial virus for shipment to physicians’ offices to be administered to specific patients. If the affected patients are Medicaid eligible, the department shall reimburse pharmacies for the dispensing of the injectable drugs and reimburse physicians for the administration of the injectable drugs. Sec. 1730. (1) The department shall work with the department of education to evaluate the feasibility of including an assessment tool to promote literacy development of pregnant women and new mothers in the maternal infant health program. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1251 (2) By March 1 of the current fiscal year, the department shall provide a report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget office on the findings of the feasibility study on including an assessment tool to promote literacy development of pregnant women and new mothers in the maternal infant health program. Sec. 1757. The department shall obtain proof from all Medicaid recipients that they are legal United States citizens or otherwise legally residing in this country and that they are residents of this state before approving Medicaid eligibility. Sec. 1764. The department shall annually certify whether rates paid to Medicaid health plans and specialty PIHPs are actuarially sound in accordance with federal requirements and shall provide a copy of the rate certification and approval of rates paid to Medicaid health plans and specialty PIHPs within 5 business days after certification or approval to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office. When calculating the annual actuarial soundness adjustment, the department shall take into account all Medicaid policy bulletins affecting Medicaid health plans or specialty PIHPs issued after the most recent actuarial soundness process concluded. Sec. 1775. (1) By March 1 and September 1 of the current fiscal year, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office on progress in implementing the waiver to implement managed care for individuals who are eligible for both Medicare and Medicaid, known as MI Health Link, including, but not limited to, a description of how the department intends to ensure that service delivery is integrated, how key components of the proposal are implemented effectively, and any problems and potential solutions as identified by the ombudsman described in subsection (2). (2) The department shall ensure the existence of an ombudsman program that is not associated with any project service manager or provider to assist MI Health Link beneficiaries with navigating complaint and dispute resolution mechanisms and to identify problems in the demonstrations and in the complaint and dispute resolution mechanisms. Sec. 1782. Subject to federal approval, from the funds appropriated in part 1 for health plan services, the department shall allocate $500,000.00 general fund/general purpose plus any available work project funds and federal match to the Medicaid health plans through a capitation rate increase for children. This rate increase shall be used to support a statewide media campaign for improving this state’s immunization rates. Sec. 1800. For the distribution of each of the pools within the $85,000,000.00 outpatient disproportionate share hospital payment, the department shall develop a formula for the distribution of each pool based on the quality of care, cost, traditional disproportionate share hospital factors such as Medicaid utilization and uncompensated care, and any other factor that the department determines should be considered. Sec. 1801. (1) From the funds appropriated in part 1 for physician services and health plan services, the department shall continue the increase to Medicaid rates for primary care services provided only by primary care providers. For the purpose of this section, a primary care provider is a physician, or a practitioner working under the personal supervision of a physician, who is board‑eligible or certified with a specialty designation of family medicine, general internal medicine, or pediatric medicine, or a provider who provides the department with documentation of equivalency. Providers performing a service and whose primary practice is as a non‑primary‑care subspecialty is not eligible for the increase. The department shall establish policies that most effectively limit the increase to primary care providers for primary care services only. (2) The department shall report by March 1 of the current fiscal year to the senate and house subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office the following: (a) A list of medical specialties and licensed providers that were paid enhanced primary care rates in fiscal year 2014‑2015. (b) Information on the geographic distribution of specialists who received enhanced rates in fiscal year 2014‑2015. Sec. 1802. From the funds appropriated in part 1, a lump‑sum payment shall be made to hospitals that qualified for rural hospital access payments in fiscal year 2013‑2014 and that provide obstetrical care in the current fiscal year. The payment shall be calculated as $830.00 for each obstetrical care case payment and each newborn care case payment for all such cases billed by the qualified hospitals for fiscal year 2012‑2013 and shall be paid through the Medicaid health plan hospital rate adjustment process by January 1 of the current fiscal year. Sec. 1804. The department, in cooperation with the department of military and veterans affairs, shall work with the federal public assistance reporting information system to identify Medicaid recipients who are veterans and who may be eligible for federal veterans health care benefits or other benefits. Sec. 1805. Hospitals receiving medical services payments for graduate medical education shall submit fully completed quality data to a nonprofit organization with extensive experience in collecting and reporting hospital quality data on a public website. The reporting must utilize consensus‑based nationally endorsed standards that meet National Quality Forum‑endorsed safe practices. The organization collecting the data must be an organization that uses severity‑adjusted risk models and measures that will help patients and payers identify hospital campuses likely to have superior outcomes. The public website shall provide information to allow consumers to compare safe practices by hospital campus, including, but not limited to, perinatal care, hospital‑acquired infection, and serious reportable events. Hospitals receiving medical services payments for graduate medical education shall also make their fully completed quality data available on the hospital’s website. 1252 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Sec. 1806. (1) The department may establish performance standards to measure progress in the implementation of the common formulary used by all contracted Medicaid health plans. (2) The ongoing implementation of the common formulary must include consideration of the department’s preferred drug list. (3) To achieve the objective of low net cost, the contracted health plans may use evidence‑based utilization management techniques in the implementation of the common formulary. (4) The contracted health plans and the department shall continue to facilitate and emphasize the value of increased participation in the use of e‑prescribing and electronic medical records. Sec. 1809. The department shall establish separate contract performance standards for Medicaid health plans that adhere to the requirements of section 105d of the social welfare act, 1939 PA 280, MCL 400.105d, associated with the 0.75% and 0.25% capitation withhold. The determination of the performance of the 0.75% capitation withhold is at the discretion of the department but must include recognized concepts such as 1‑year continuous enrollment and the HEDIS audited data. The determination of the performance of the 0.25% capitation withhold is at the discretion of the department but must include the utilization of high‑value services and discouraging the utilization of low‑value services. Sec. 1810. The department shall enhance encounter data reporting processes and develop rules that would make each health plan’s encounter data as complete as possible, provide a fair measure of acuity for each health plan’s enrolled population for risk adjustment purposes, capitation rate setting, diagnosis‑related group rate setting, and research and analysis of program efficiencies while minimizing health plan administrative expense. Sec. 1812. (1) By June 1 of the current fiscal year, and using the most recent available cost reports, the department shall complete a report of all direct and indirect costs associated with residency training programs for each hospital that receives funds appropriated in part 1 for graduate medical education. The report shall be submitted to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget office. (2) By August 1 of the current fiscal year, the department shall develop a template for hospitals receiving funds appropriated in part 1 for graduate medical education to report the following in a standard format: (a) The marginal cost to add 1 additional residency training program slot. (b) The number of additional slots that would result in the need to add additional administrative costs to oversee the residents in the training program. (c) The postresidency retention rate for the residency training program. (3) The department shall convene a workgroup to use the reports submitted under subsections (1) and (2) to assist in the development of metrics for distribution of graduate medical education funds and shall report to the senate and house appropriations subcommittees on the department budget and the senate and house fiscal agencies on the results of the workgroup by September 30 of the current fiscal year. It is the intent of the legislature that, beginning with the budget for the fiscal year ending September 30, 2018, the metrics developed by this workgroup be used to determine the distribution of funds for graduate medical education. (4) If needed, the department shall seek a federal waiver to fulfill the requirements of this section. Sec. 1820. (1) In order to avoid duplication of efforts, the department shall utilize applicable national accreditation review criteria to determine compliance with corresponding state requirements for Medicaid health plans that have been reviewed and accredited by a national accrediting entity for health care services. (2) The department shall continue to comply with state and federal law and shall not initiate an action that negatively impacts beneficiary safety. (3) As used in this section, “national accrediting entity” means the National Committee for Quality Assurance, the URAC, formerly known as the Utilization Review Accreditation Commission, or other appropriate entity, as approved by the department. (4) By July 1 of the current fiscal year, the department shall provide a progress report to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the state budget office on implementation of this section. Sec. 1837. The department shall continue, and expand where appropriate, utilization of telemedicine and telepsychiatry as strategies to increase access to services for Medicaid recipients in medically underserved areas. Sec. 1846. From the funds appropriated in part 1 for graduate medical education, the department shall distribute the funds with an emphasis on the following health care workforce goals: (a) The encouragement of the training of physicians in specialties, including primary care, that are necessary to meet the future needs of residents of this state. (b) The training of physicians in settings that include ambulatory sites and rural locations. Sec. 1850. The department may allow Medicaid health plans to assist with the redetermination process through outreach activities to ensure continuation of Medicaid eligibility and enrollment in managed care. This may include mailings, telephone contact, or face‑to‑face contact with beneficiaries enrolled in the individual Medicaid health plan. Health plans may offer assistance in completing paperwork for beneficiaries enrolled in their plan. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1253 Sec. 1861. The department shall encourage cooperation between the Medicaid managed care health plans, other health providers, and nonprofit entities to continue the facilitation of a pilot nonemergency transportation system. Sec. 1862. From the funds appropriated in part 1, the department shall maintain payment rates for Medicaid obstetrical services at 95% of Medicare levels effective October 1, 2014. Sec. 1866. (1) From the funds appropriated in part 1 for hospital services and therapy and health plan services, $12,000,000.00 in general fund/general purpose revenue and any associated federal match shall be awarded to hospitals that meet criteria established by the department for services to low‑income rural residents. One of the reimbursement components of the distribution formula shall be assistance with labor and delivery services. (2) No hospital or hospital system shall receive more than 10.0% of the total funding referenced in subsection (1). (3) To allow hospitals to understand their rural payment amounts under this section, the department shall provide hospitals with the methodology for distribution under this section and provide each hospital with its applicable data that are used to determine the payment amounts by August 1 of the current fiscal year. The department shall publish the distribution of payments for the current fiscal year and the immediately preceding fiscal year. Sec. 1870. The department shall continue to work with the MiDocs consortium to explore alternative graduate medical education financing sources and mechanisms that expand residency opportunities for primary care training, per approval from the Centers for Medicare and Medicaid Services. By December 1 of the current fiscal year, the MiDocs consortium shall submit a report presenting a comprehensive funding plan to the senate and house appropriations subcommittees on the department budget and the senate and house fiscal agencies. Sec. 1873. From the funds appropriated in part 1 for long‑term care services, the department may allocate up to $3,700,000.00 for the purpose of outreach and education to nursing home residents and the coordination of housing in order to move out of the facility. In addition, any funds appropriated shall be used for other quality improvement activities of the program. The department shall consider working with the Area Agencies on Aging Association of Michigan, the non‑Area Agencies on Aging waivers, and the Disability Network/Michigan to develop a plan for the ongoing sustainability of the nursing facility transition initiative. Sec. 1874. (1) The department shall ensure, in counties where program of all‑inclusive care for the elderly or PACE services are available, that the program of all‑inclusive care for the elderly (PACE) is included as an option in all options counseling and enrollment brokering for aging services and managed care programs, including, but not limited to, Area Agencies on Aging, centers for independent living, and the MiChoice home and community‑based waiver. Such options counseling must include approved marketing and discussion materials. (2) The department shall establish a workgroup that consists of the independent waiver agents, the medical services administration, and PACE providers, to address PACE program issues as identified within the state contract with PACE providers. The workgroup shall, at a minimum, address the following concerns: (a) Timely eligibility processing. (b) Barriers to new enrollment. (c) Future expansion criteria. (3) The department shall report by April 1 of the current fiscal year to the senate and house appropriations sub­ committees on the department budget, the senate and house fiscal agencies, and the state budget office on the findings of the workgroup. Sec. 1875. (1) The department and its contractual agents may not subject Medicaid prescriptions to prior authorization procedures during the current fiscal year if that drug is carved out or is not subject to prior authorization procedures as of May 9, 2016, and is generally recognized in a standard medical reference or the American Psychiatric Association’s Diagnostic and Statistical Manual for the Treatment of a Psychiatric Disorder. (2) The department and its contractual agents may not subject Medicaid prescriptions to prior authorization procedures during the current fiscal year if that drug is carved out or is not subject to prior authorization procedures as of May 9, 2016 and is a prescription drug that is generally recognized in a standard medical reference for the treatment of epilepsy or seizure disorder or organ replacement therapy. (3) As used in this section, “prior authorization” means a process implemented by the department or its contractual agents that conditions, delays, or denies delivery or particular pharmacy services to Medicaid beneficiaries upon applica­ tion of predetermined criteria by the department or its contractual agents to those pharmacy services. The process of prior authorization often requires that a prescriber do 1 or both of the following: (a) Obtain preapproval from the department or its contractual agents before prescribing a given drug. (b) Verify to the department or its contractual agents that the use of a drug prescribed for an individual meets predetermined criteria from the department or its contractual agents for a prescription drug that is otherwise available under the Medicaid program in this state. Sec. 1876. (1) From the funds appropriated in part 1 for Healthy Michigan Plan, the department shall allocate up to $830,000.00 to facilitate the development and implementation of a demonstration project in cooperation with 1 or more contracting Medicaid health plans. These provisions shall be part of the protocol for implementation of incentives under the Healthy Michigan Plan and must do all of the following: (a) Target Healthy Michigan Plan health plan enrollees who are above 100% of the federal poverty level, in at least 2 prosperity regions. 1254 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (b) Implement a web‑based technology that links providers, beneficiaries, and health plans, in real‑time, for the purpose of addressing deficiency in medical literacy and demonstrating that personal responsibility is enhanced by technology. (c) Identify specific behavioral changes that will result as indicated by changes in measurable health outcomes and health care utilization. (2) The demonstration project shall be implemented by April 1 of the current fiscal year. Prior to implementation, the department shall present a summary description to the senate and house appropriations subcommittees on the department budget and the senate and house committees on health policy that must include the estimated cost of the demonstration, identify a shared savings proposal for Medicaid health plans who participate in the demonstration, and identify intended measurable results. (3) It is the intent of the legislature that the demonstration project shall test the cost containment capabilities of a program that uses financial incentives to improve health and health care by promoting health literacy and doctor‑patient mutual accountability. Outcomes and performance measures for this initiative shall include, but are not limited to, the following: (a) The total annual per capita or per‑member‑per‑year health care expenditures. This metric shall be derived by dividing the total annual health care expenditures of a population by the average annual number of people in that popu­ lation. Claims data shall be used to compute health care expenditures. (b) The per‑member‑per‑year health care expenditures of a reasonably matched population not covered by the demonstration program. To account for minor differences in the 2 populations, each group’s annual trend during the pilot shall be measured against their respective baseline trends in the year before implementing the program. (c) In order to attribute the finding to the program, other process metrics that have been found to correlate with health literacy must be analyzed. These metrics may include hospitalization rates, frequency of emergency room use, and the percentage of health education sessions prescribed by medical providers and successfully completed by patients relative to the total number of possible session opportunities offered through the program. (4) It is the intent of the legislature that, beginning with the budget for the fiscal year ending September 30, 2018, the department shall submit quarterly reports to the senate and house appropriations committees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office detailing the information required in subsection (3). Sec. 1877. The department shall evaluate and report to the house and senate appropriations subcommittees on the department budget on how the Healthy Michigan plan has contributed to assisting individuals in utilizing high‑value services, minimized the use of low‑value services, and how individuals’ lives may be improving as a result of their access to services provided through the Healthy Michigan plan. Sec. 1878. Not later than March 1 of the current fiscal year, the department shall provide a report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office on hepatitis C tracking data. At a minimum, the report shall include information on the following for individuals treated with Harvoni or any other treatment used to cure hepatitis C during the current fiscal year or a previous fiscal year: (a) The total number of people treated broken down by those treated through traditional Medicaid and those treated through the Healthy Michigan plan. (b) The total cost of treatment. (c) The total cost of treatment broken down by those treated through traditional Medicaid and those treated through the Healthy Michigan plan. (d) The total amount of any rebates that were received from the purchase of hepatitis C specialty pharmaceuticals. (e) Outstanding rebates that the department is expecting to receive. (f) The cure rate broken down by Metavir Score, genotype, Medicaid match rate, and drug used during treatment. (g) The reinfection rate broken down by Metavir Score, genotype, Medicaid match rate, and drug used during treatment. Sec. 1882. By December 31, 2016, the department shall report to the senate and house appropriations subcommittees on the department budget, the senate and house fiscal agencies, and the state budget office, documentation of the expenses incurred during the immediate preceding fiscal year by Medicaid health plans and PIHPs for the purpose of meeting the contractual requirements to join the Michigan Health Information Network Shared Services and incentivizing providers to become members of the Health Information Exchange Qualified Organization. The report should also include an estimation of the expenses to be incurred in the current fiscal year by Medicaid health plans and PIHPs for the same purpose of meeting their contractual obligations. Sec. 1888. The department shall establish contract performance standards associated with the capitation withhold provisions for Medicaid health plans at least 3 months in advance of the implementation of those standards. The determination of whether performance standards have been met shall be based primarily on recognized concepts such as 1‑year continuous enrollment and the healthcare effectiveness data and information set, HEDIS, audited data. Sec. 1890. From the funds appropriated in part 1 for pharmaceutical services, the department shall ensure Medicaid recipients’ access to breast pumps to support and encourage breastfeeding. The department shall adjust Medicaid policy to, at a minimum, provide an individual double electric style pump to a breastfeeding mother when a physician prescribes No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1255 such a device based on diagnosis of mother or infant. If the distribution method for pumps or other equipment is a department contract with durable medical equipment providers, the department shall guarantee providers stock and rent to Medicaid recipients without delay or undue restriction. Sec. 1894. (1) From the funds appropriated in part 1 for dental services, the department shall expand the Healthy Kids Dental program to all eligible children in Kent, Oakland, and Wayne Counties. This program expansion will improve access to necessary dental services for Medicaid‑enrolled children. (2) Outcomes and performance measures for this initiative include, but are not limited to, the following: (a) The number of Medicaid‑enrolled children in Kent, Oakland, and Wayne Counties who visited the dentist over the prior year. (b) The number of dentists in Kent, Oakland, and Wayne Counties who will accept Medicaid payment for services to children. (c) The change in dental utilization in Kent, Oakland, and Wayne Counties before and after full implementation of the Healthy Kids Dental expansion in these counties. Sec. 1899. From the funds appropriated in part 1 for personal care services, beginning October 1, 2016, the department shall increase the monthly Medicaid personal care supplement paid to adult foster care facilities and homes for the aged that provide personal care services to Medicaid beneficiaries by $15.00. ONE‑TIME BASIS ONLY APPROPRIATIONS Sec. 1908. The funds appropriated in part 1 for hospice services shall be expended to provide room and board for Medicaid recipients who meet hospice eligibility requirements and receive services at Medicaid enrolled hospice residences in this state. The qualifying hospice residences must have been enrolled with Medicaid by October 1, 2014. Sec. 1909. (1) From the increased funds appropriated in part 1 for family preservation and support services, the department shall expand the parent partner program and the family reunification program. The purpose of these program expansions will be to enhance family preservation and support services to prevent the need for foster care, shorten the length of time between foster care entry and reunification, and sustain parental progress following reunification. (2) The department shall identify specific outcomes and performance measures for this initiative, including, but not limited to, the following: (a) Percentage of children that were discharged from foster care to reunification in less than 12 months from the date of the latest removal from home. (b) Median length of stay in months from the date of the latest removal from home until the date of discharge to reunification. (c) Percentage of children who reentered foster care in less than 12 months from the date of discharge to reunification. (d) Percentage of children who were victims of a substantiated or indicated maltreatment allegation who were not victims of another substantiated or indicated maltreatment allegation within a 6‑month period from the date of discharge to reunification. (e) Measurable effects of this program expansion on reducing the rate of children who live in families with incomes below the federal poverty level. (3) Unexpended funds appropriated in part 1 for family preservation and support services are designated as work project appropriations, and any unencumbered or unalloted funds shall not lapse at the end of the current fiscal year and shall be available for expenditures for the parent partner program and the family reunification program until the projects have been completed. All of the following are in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the projects is to expand and enhance family preservation and support services to prevent the need for foster care, shorten the length of time between foster care entry and reunification, and sustain parental progress following reunification. (b) The projects will be carried out through contracts with private and not‑for‑profit vendors to expand the parent partner program and family reunification program to additional counties throughout the state. (c) The estimated cost of this work project is $6,098,200.00. (d) The estimated work project completion date is September 30, 2019. Sec. 1910. From the funds appropriated in part 1 for the drinking water declaration of emergency, the department shall allocate funds to address needs in a city in which a declaration of emergency was issued because of drinking water contamination. These funds may support, but are not limited to, the following activities: (a) Emergency nutrition assistance, nutritional and community education, food bank resources, and food inspections. (b) Epidemiological analysis and case management of individuals at risk of elevated blood lead levels. (c) Support for child and adolescent health centers, children’s health care access program, and pathways to potential programming. (d) Nursing services, evidence‑based home visiting programs, intensive services, and outreach for children exposed to lead coordinated through local community mental health organizations. (e) Department field operations costs. (f) Assessment of potential linkages to other diseases. 1256 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Sec. 1912. From the funds appropriated in part 1 for mobile electronic service verification study, the department shall allocate $25,000.00 to commission a study to review the outcomes and performance improvements of developing and piloting a mobile electronic service verification solution for home help services that shall include biometric identity verification to create administrative efficiencies, reduce error, and minimize fraud. PART 2A PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS FOR FISCAL YEAR 2017‑2018 GENERAL SECTIONS Sec. 2001. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2018 for the line items listed in part 1. The fiscal year 2017‑2018 appropriations are anticipated to be the same as those for fiscal year 2016‑2017, except that the line items will be adjusted for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2017 consensus revenue estimating conference. ARTICLE XI DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES PART 1 LINE‑ITEM APPROPRIATIONS Sec. 101. There is appropriated for the department of insurance and financial services for the fiscal year ending September 30, 2017, from the following funds: DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES APPROPRIATION SUMMARY Full‑time equated unclassified positions............................................................................. 6.0 Full‑time equated classified positions............................................................................. 336.5 GROSS APPROPRIATION.......................................................................................................... $ 66,257,200 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 707,600 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 65,549,600 Federal revenues: Total federal revenues................................................................................................................... 2,000,000 Special revenue funds: Total local revenues...................................................................................................................... 0 Total private revenues................................................................................................................... 0 Total other state restricted revenues............................................................................................. 63,399,600 State general fund/general purpose.............................................................................................. $ 150,000 State general fund/general purpose schedule: Ongoing state general fund/general purpose............................................................... 150,000 One‑time state general fund/general purpose......................................................................... 0 Sec. 102. DEPARTMENT SERVICES Full‑time equated unclassified positions............................................................................. 6.0 Full‑time equated classified positions............................................................................... 22.5 Unclassified salaries—6.0 FTE positions..................................................................................... $ 746,500 Executive director programs—3.5 FTE positions........................................................................ 1,059,200 Department services—19.0 FTE positions................................................................................... 3,730,700 Property management................................................................................................................... 1,175,700 Worker’s compensation................................................................................................................. 5,200 Administrative hearings................................................................................................................ 182,500 Information technology services and projects.............................................................................. 2,216,100 GROSS APPROPRIATION.......................................................................................................... $ 9,115,900 Appropriated from: Special revenue funds: Bank fees...................................................................................................................................... 801,600 Captive insurance regulatory and supervision fund..................................................................... 3,900 Consumer finance fees................................................................................................................. 355,800 Credit union fees.......................................................................................................................... 1,056,800 Deferred presentment service transaction fees............................................................................. 469,900 Insurance bureau fund.................................................................................................................. 2,829,300 Insurance continuing education fund............................................................................................ 90,500 Insurance licensing and regulation fees....................................................................................... 2,537,300 MBLSLA fund.............................................................................................................................. 819,600 Multiple employer welfare arrangement...................................................................................... 1,200 State general fund/general purpose.............................................................................................. $ 150,000 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1257 For Fiscal Year Ending Sept. 30, 2017 Sec. 103. INSURANCE AND FINANCIAL SERVICES REGULATION Full‑time equated classified positions............................................................................. 314.0 Insurance evaluation—54.0 FTE positions................................................................................... $ Insurance rates and forms—30.0 FTE positions.......................................................................... Financial institutions evaluation—132.0 FTE positions............................................................... Regulatory compliance, market conduct, and licensing—34.0 FTE positions............................. Consumer services and protection—64.0 FTE positions............................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG ‑ LARA, for debt management............................................................................................ Federal revenues: Federal revenues........................................................................................................................... Special revenue funds: Bank fees...................................................................................................................................... Captive insurance regulatory and supervision fund..................................................................... Consumer finance fees................................................................................................................. Credit union fees.......................................................................................................................... Deferred presentment service transaction fees............................................................................. Insurance bureau fund.................................................................................................................. Insurance continuing education fund............................................................................................ Insurance licensing and regulation fees....................................................................................... MBLSLA fund.............................................................................................................................. Multiple employer welfare arrangement...................................................................................... State general fund/general purpose.............................................................................................. $ PART 2 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2016‑2017 12,908,900 5,942,500 24,212,800 5,482,000 8,595,100 57,141,300 707,600 2,000,000 6,018,100 282,900 3,061,000 7,968,800 3,293,200 20,988,400 995,000 6,004,500 5,540,100 281,700 0 GENERAL SECTIONS Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2016‑2017 is $63,549,600.00 and state spending from state resources to be paid to local units of government for fiscal year 2016‑2017 is $0. Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. Sec. 203. As used in this part and part 1: (a) “Department” means the department of insurance and financial services. (b) “Director” means the director of the department. (c) “Fiscal agencies” means Michigan house fiscal agency and Michigan senate fiscal agency. (d) “FTE” means full‑time equated. (e) “IDG” means interdepartmental grant. (f) “LARA” means the department of licensing and regulatory affairs. (g) “MBLSLA fund” means the restricted account established under section 8 of the mortgage brokers, lenders, and servicers licensing act, 1987 PA 173, MCL 445.1658. (h) “Subcommittees” means the subcommittees of the house of representatives and senate appropriations committees with jurisdiction over the budget for the department. Sec. 204. The departments and agencies receiving appropriations in this part and part 1 shall use the Internet to fulfill the reporting requirements of this part. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an Internet or Intranet site. Sec. 205. Funds appropriated in this part and part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality. Sec. 206. The director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. The director shall strongly encourage firms 1258 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both. Sec. 207. (1) Out‑of‑state travel shall be limited to situations in which 1 or more of the following conditions apply: (a) The travel is required by legal mandate or court order or for law enforcement purposes. (b) The travel is necessary to protect the health or safety of Michigan citizens or visitors or to assist other states in similar circumstances. (c) The travel is necessary to produce budgetary savings or to increase state revenues, including protecting existing federal funds or securing additional federal funds. (d) The travel is necessary to comply with federal requirements. (e) The travel is necessary to secure specialized training for staff that is not available within this state. (f) The travel is financed entirely by federal or nonstate funds. (2) The department shall not approve the travel of more than 1 departmental employee to a specific professional development conference or training seminar that is located outside of this state unless a professional development conference or training seminar is funded by a federal or private funding source and requires more than 1 person from a department to attend, or the conference or training seminar includes multiple issues in which 1 employee from the department does not have expertise. (3) Not later than January 1, the department shall prepare a travel report listing all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the senate and house of representatives standing committees on appropriations, the fiscal agencies, and the state budget director. The report shall include the following information: (a) The name of each person receiving reimbursement for travel outside this state or whose travel costs were paid by this state. (b) The destination of each travel occurrence. (c) The dates of each travel occurrence. (d) A brief statement of the reason for each travel occurrence. (e) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues. (f) A total of all out‑of‑state travel funded for the immediately preceding fiscal year. Sec. 208. Funds appropriated in this part and part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes. Sec. 209. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report must summarize the projected year‑end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house of representatives appropriations committees and the fiscal agencies. Sec. 210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for federal contingency funds. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $5,000,000.00 for state restricted contingency funds. (3) Funds appropriated under this section are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 211. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency: (a) Fiscal‑year‑to‑date expenditures by category. (b) Fiscal‑year‑to‑date expenditures by appropriation unit. (c) Fiscal‑year‑to‑date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description. (d) The number of active department employees by job classification. (e) Job specifications and wage rates. Sec. 212. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the senate and house of representatives appropriations chairs, the subcommittees chairs, and the fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the immediately preceding and current fiscal years. Sec. 213. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department’s performance. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1259 Sec. 214. Total authorized appropriations from all sources in part 1 for legacy costs for the fiscal year ending September 30, 2017 are $10,214,700.00. From this amount, total agency appropriations for pension‑related legacy costs are estimated at $5,663,800.00. Total agency appropriations for retiree health care legacy costs are estimated at $4,550,900.00. Sec. 215. Unless prohibited by law, the department may accept credit card or other electronic means of payment for licenses, fees, or permits. Sec. 217. The department and agencies receiving appropriations in this part and part 1 shall receive and retain copies of all reports funded from appropriations in this part and part 1. Federal and state guidelines for short‑term and long‑term retention of records shall be followed. The department may electronically retain copies or reports unless otherwise required by federal and state guidelines. Sec. 218. The department shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff. Sec. 219. The department shall not develop or produce any television or radio productions. Sec. 220. The department, in conjunction with the department of health and human services, shall maintain an accounting structure within the Michigan administrative information network that will allow expenditures associated with the administration of the Healthy Michigan plan to be identified. By October 1, if there are changes from the previous fiscal year, the department shall provide the state budget office and the fiscal agencies with the relevant accounting structure and associated business objects script and report that group’s administrative costs. Sec. 221. The amount appropriated from the general fund in part 1 for executive director program may only be expended to comply with reporting requirements regarding the Healthy Michigan plan under section 105d(9) of the social welfare act, 1939 PA 280, MCL 400.105d. INSURANCE AND FINANCIAL SERVICES REGULATION Sec. 301. The department shall provide a report to the legislature based on the annual rate filings from health insurance issuers that includes all of the following: (a) The number that are approved by the department. (b) The number that are denied by the department. (c) The percentage of rate filings processed within the applicable statutory time frames. (d) The average number of calendar days to process rate filings. (e) An estimated percentage of this state’s population that is without any form of health insurance coverage for more than 6 months in any given calendar year. Sec. 302. In addition to the funds appropriated in part 1, the funds collected by the department in connection with a conservatorship under section 32 of the mortgage brokers, lenders, and servicers licensing act, 1987 PA 173, MCL 445.1682, and funds collected by the department from corporations being liquidated under the insurance code of 1956, 1956 PA 218, MCL 500.100 to 500.8302, shall be appropriated for all expenses necessary to provide for the required services. Funds are available for expenditure when they are received by the department of treasury and shall not lapse to the general fund at the end of the fiscal year. Sec. 303. The department may make available to interested entities customized listings of nonconfidential information in its possession. The department may establish and collect a reasonable charge to provide this service. The revenue from this service is appropriated when received and shall be used to offset expenses to provide the service. Any balance of this revenue collected and unexpended at the end of the fiscal year shall lapse to the appropriate restricted fund. ARTICLE XII JUDICIARY PART 1 LINE‑ITEM APPROPRIATIONS Sec. 101. There is appropriated for the judiciary for the fiscal year ending September 30, 2017, from the following funds: JUDICIARY APPROPRIATION SUMMARY Full‑time equated exempted positions............................................................................. 510.0 GROSS APPROPRIATION.......................................................................................................... $ 298,234,000 Interdepartmental grant revenues: IDG from department of state police........................................................................................... 1,500,000 IDG from department of corrections............................................................................................ 50,000 Total interdepartmental grants and intradepartmental transfers................................................... 1,550,000 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 296,684,000 Federal revenues: DOJ, drug court training and evaluation...................................................................................... 300,000 DOT, National Highway Traffic Safety Administration............................................................... 2,210,700 HHS, access and visitation grant.................................................................................................. 621,200 1260 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 HHS, children’s justice grant....................................................................................................... $ 233,000 HHS, court improvement project.................................................................................................. 1,309,700 HHS, title IV‑D child support program........................................................................................ 1,024,700 HHS, title IV‑E foster care program............................................................................................ 392,500 Other federal grant revenues........................................................................................................ 341,700 Total federal revenues................................................................................................................... 6,433,500 Special revenue funds: Local ‑ user fees........................................................................................................................... 7,349,300 Total local revenues...................................................................................................................... 7,349,300 Private........................................................................................................................................... 190,800 Private ‑ interest on lawyers trust accounts.................................................................................. 346,800 Private ‑ state justice institute...................................................................................................... 420,200 Total private revenues................................................................................................................... 957,800 Total local and private revenues................................................................................................... 8,307,100 Community dispute resolution fund............................................................................................. 2,377,200 Court equity fund......................................................................................................................... 50,440,000 Court fee fund.............................................................................................................................. 2,988,100 Court of appeals filing/motion fees.............................................................................................. 1,641,800 Drug court fund............................................................................................................................ 1,920,500 Drug fund..................................................................................................................................... 250,000 Drunk driving fund....................................................................................................................... 3,300,000 Judicial technology improvement fund........................................................................................ 4,815,000 Juror compensation fund.............................................................................................................. 6,600,000 Electronic filing fee fund............................................................................................................. 8,500,000 Justice system fund...................................................................................................................... 575,200 Law exam fees.............................................................................................................................. 649,700 Miscellaneous revenue.................................................................................................................. 408,700 State court fund............................................................................................................................ 8,319,800 Total other state restricted revenues............................................................................................. 92,786,000 State general fund/general purpose.............................................................................................. $ 189,157,400 Sec. 102. SUPREME COURT Full‑time equated exempted positions............................................................................. 246.0 Supreme court administration—92.0 FTE positions.................................................................... $ 13,606,300 Judicial institute—13.0 FTE positions......................................................................................... 1,800,800 State court administrative office—61.0 FTE positions................................................................ 12,211,100 Judicial information systems—22.0 FTE positions...................................................................... 3,427,500 Direct trial court automation support—44.0 FTE positions......................................................... 7,349,300 Foster care review board—10.0 FTE positions............................................................................ 1,305,700 Community dispute resolution—3.0 FTE positions..................................................................... 2,377,200 Other federal grants...................................................................................................................... 275,100 Drug treatment courts................................................................................................................... 11,083,000 Mental health courts and diversion service—1.0 FTE position................................................... 5,462,700 Veterans courts............................................................................................................................. 500,000 Swift and sure sanctions program................................................................................................ 4,000,000 Next generation Michigan court system....................................................................................... 4,116,000 GROSS APPROPRIATION.......................................................................................................... $ 67,514,700 Appropriated from: Interdepartmental grant revenues: IDG from department of state police........................................................................................... 1,500,000 IDG from department of corrections............................................................................................ 50,000 Federal revenues: DOJ, drug court training and evaluation...................................................................................... 300,000 DOT, National Highway Traffic Safety Administration............................................................... 2,210,700 HHS, access and visitation grant.................................................................................................. 621,200 HHS, children’s justice grant....................................................................................................... 233,000 HHS, court improvement project.................................................................................................. 1,309,700 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1261 For Fiscal Year Ending Sept. 30, 2017 HHS, title IV‑D child support program........................................................................................ $ HHS, title IV‑E foster care program............................................................................................ Other federal grant revenues........................................................................................................ Special revenue funds: Local ‑ user fees........................................................................................................................... Private........................................................................................................................................... Private ‑ interest on lawyers trust accounts.................................................................................. Private ‑ state justice institute...................................................................................................... Community dispute resolution fund............................................................................................. Court of appeals filing/motion fees.............................................................................................. Law exam fees.............................................................................................................................. Drug court fund............................................................................................................................ Miscellaneous revenue.................................................................................................................. Justice system fund...................................................................................................................... State court fund............................................................................................................................ State general fund/general purpose.............................................................................................. $ Sec. 103. COURT OF APPEALS Full‑time equated exempted positions............................................................................. 175.0 Court of appeals operations—175.0 FTE positions..................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: State general fund/general purpose.............................................................................................. $ Sec. 104. BRANCHWIDE APPROPRIATIONS Full‑time equated exempted positions................................................................................. 4.0 Branchwide appropriations—4.0 FTE positions........................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ Sec. 105. JUSTICES’ AND JUDGES’ COMPENSATION Full‑time judges positions............................................................................................... 592.0 Supreme court justices’ salaries—7.0 justices............................................................................. $ Court of appeals judges’ salaries—26.0 judges........................................................................... District court judges’ state base salaries—241.0 judges.............................................................. District court judicial salary standardization................................................................................ Probate court judges’ state base salaries—103.0 judges.............................................................. Probate court judicial salary standardization................................................................................ Circuit court judges’ state base salaries—215.0 judges............................................................... Circuit court judicial salary standardization................................................................................. Judges’ retirement system defined contributions......................................................................... OASI, social security.................................................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Court fee fund.............................................................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 106. JUDICIAL AGENCIES Full‑time equated exempted positions................................................................................. 7.0 Judicial tenure commission—7.0 FTE positions.......................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ Sec. 107. INDIGENT DEFENSE ‑ CRIMINAL Full‑time equated exempted positions............................................................................... 67.0 Appellate public defender program—51.0 FTE positions............................................................ $ Michigan indigent defense commission—16.0 FTE positions..................................................... GROSS APPROPRIATION.......................................................................................................... $ 1,024,700 392,500 275,100 7,349,300 190,800 262,600 420,200 2,377,200 1,641,800 649,700 1,920,500 273,300 575,200 382,800 43,554,400 23,102,700 23,102,700 23,102,700 8,745,300 8,745,300 8,745,300 1,152,300 4,014,100 22,613,900 11,008,100 9,770,600 4,669,600 20,481,400 9,796,400 4,526,500 5,733,000 93,765,900 2,988,100 90,777,800 1,137,600 1,137,600 1,137,600 7,704,500 2,345,600 10,050,100 1262 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 Appropriated from: Federal revenues: Other federal grant revenues........................................................................................................ $ Special revenue funds: Private ‑ interest on lawyers trust accounts.................................................................................. Miscellaneous revenue.................................................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 108. INDIGENT CIVIL LEGAL ASSISTANCE Indigent civil legal assistance....................................................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: State court fund............................................................................................................................ State general fund/general purpose.............................................................................................. $ Sec. 109. TRIAL COURT OPERATIONS Court equity fund reimbursements............................................................................................... $ Judicial technology improvement fund........................................................................................ Drug case‑flow program............................................................................................................... Drunk driving case‑flow program................................................................................................ Juror compensation reimbursement.............................................................................................. Statewide e‑file system................................................................................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Court equity fund......................................................................................................................... Judicial technology improvement fund........................................................................................ Drug fund..................................................................................................................................... Drunk driving fund....................................................................................................................... Juror compensation fund.............................................................................................................. Electronic filing fee fund............................................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 110. ONE‑TIME BASIS ONLY APPROPRIATIONS Full‑time equated exempted positions............................................................................... 11.0 Medication assisted treatment pilot program............................................................................... $ Compliance with Montgomery v Louisiana decision—11.0 FTE positions................................. Expansion of problem solving courts........................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ PART 2 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2016‑2017 66,600 84,200 135,400 9,763,900 7,937,000 7,937,000 7,937,000 0 60,815,700 4,815,000 250,000 3,300,000 6,600,000 8,500,000 84,280,700 50,440,000 4,815,000 250,000 3,300,000 6,600,000 8,500,000 10,375,700 750,000 700,000 250,000 1,700,000 1,700,000 GENERAL SECTIONS Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2016‑2017 is $281,943,400.00 and state spending from state resources to be paid to local units of government for fiscal year 2016‑2017 is $137,778,000.00. The itemized statement below identifies appropriations from which spending to local units of government will occur: JUDICIARY SUPREME COURT State court administrative office................................................................................................... $ 711,900 Drug treatment courts................................................................................................................... 11,083,000 Mental health courts and diversion services................................................................................ 5,462,700 Veterans courts............................................................................................................................. 500,000 Swift and sure sanctions program................................................................................................ 3,900,000 Next generation Michigan court system....................................................................................... 4,116,000 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1263 TRIAL COURT OPERATIONS Court equity fund reimbursements............................................................................................... $ 60,815,700 Judicial technology improvement fund........................................................................................ 4,815,000 Drunk driving case‑flow program................................................................................................ 3,300,000 Drug case‑flow program............................................................................................................... 250,000 Juror compensation reimbursement.............................................................................................. 6,600,000 JUSTICES’ AND JUDGES’ COMPENSATION District court judicial salary standardization................................................................................ $ 11,008,100 Probate court judges’ state base salaries...................................................................................... 9,770,600 Probate court judicial salary standardization................................................................................ 4,669,600 Circuit court judicial salary standardization................................................................................. 9,796,400 Grant to OASI contribution fund, employers share, social security............................................ 979,000 TOTAL.......................................................................................................................................... $ 137,778,000 Sec. 202. (1) The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. (2) Funds appropriated in part 1 to an entity within the judicial branch shall not be expended or transferred to another account without written approval of the authorized agent of the judicial entity. If the authorized agent of the judicial entity notifies the state budget director of its approval of an expenditure or transfer, the state budget director shall immediately make the expenditure or transfer. The authorized judicial entity agent shall be designated by the chief justice of the supreme court. Sec. 203. As used in this part and part 1: (a) “DOJ” means the United States Department of Justice. (b) “DOT” means the United States Department of Transportation. (c) “FTE” means full‑time equated. (d) “HHS” means the United States Department of Health and Human Services. (e) “IDG” means interdepartmental grant. (f) “OASI” means old age survivor’s insurance. (g) “SADO” means the state appellate defender office created under the appellate defender act, 1978 PA 620, MCL 780.711 to 780.719. (h) “Title IV‑D” means the part of the federal social security act, 42 USC 301 to 1397mm, pertaining to the child support enforcement program. (i) “Title IV‑E” means the part of the federal social security act, 42 USC 301 to 1397mm, pertaining to the foster care program. Sec. 204. The judicial branch shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff. Sec. 205. It is the intent of the legislature that judges who are presiding over a hearing on a foster care case shall publicly acknowledge and request the input of the foster parent or foster parents during the hearing. Sec. 207. If the judicial branch makes any changes to a foster care family service plan before its finalization, it is the intent of the legislature that the presiding judge provide an explanation for any changes to that plan in the court record. Sec. 208. The reporting requirements of this part shall be completed with the approval of, and at the direction of, the supreme court, except as otherwise provided in this part. The judicial branch shall use the Internet to fulfill the reporting requirements of this part. This may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an Internet or Intranet site. Sec. 211. From the funds appropriated in part 1, the state court administrative office shall evaluate programs within the department of health and human services and the department of talent and economic development to establish programmatic connections with the participants in the swift and sure sanctions program. The purpose of this relationship is to leverage collaborations and to determine avenues of success for offenders who are eligible for state‑provided programs. By March 1, the state court administrative office shall deliver guidance to courts participating in the swift and sure sanctions program under the probation swift and sure sanctions act, chapter XIA of the code of criminal procedure, 1927 PA 175, MCL 771A.1 to 771A.8, detailing the evaluations and directing participants into available programming. Sec. 212. The judicial branch shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short‑term and long‑term retention of records shall be followed. The judicial branch may electronically retain copies of reports unless otherwise required by federal and state guidelines. Sec. 214. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality. 1264 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Sec. 215. Not later than January 1 of each year, the state court administrative office shall prepare a report on out‑of‑state travel listing all travel by judicial branch employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the budget for the judicial branch. The report shall be submitted to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget director. The report shall include the following information: (a) The dates of each travel occurrence. (b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues. Sec. 219. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year‑end general fund/general purpose appropriation lapses by major program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and the senate and house fiscal agencies. Sec. 221. From the funds appropriated in part 1, the judicial branch shall maintain a searchable website accessible by the public at no cost that includes all expenditures made by the judicial branch within a fiscal year. The posting shall include the purpose for which each expenditure is made. The judicial branch shall not provide financial information on its website under this section if doing so would violate a federal or state law, rule, regulation, or guideline that establishes privacy or security standards applicable to that financial information. Sec. 222. Within 14 days after the release of the executive budget recommendation, the judicial branch shall cooperate with the state budget office to provide the senate and house appropriations chairs, the senate and house appropriations subcommittees chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2016 and September 30, 2017. Sec. 223. The judiciary shall maintain, on a publicly accessible website, a scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the judiciary’s performance. Sec. 224. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2017 are $14,104,600.00. From this amount, total judiciary appropriations for pension‑related legacy costs are estimated at $7,820,600.00. Total appropriations for judiciary retiree health care legacy costs are estimated at $6,284,000.00. JUDICIAL BRANCH Sec. 301. From the funds appropriated in part 1, the direct trial court automation support program of the state court administrative office shall recover direct and overhead costs from trial courts by charging for services rendered. The fee shall cover the actual costs incurred to the direct trial court automation support program in providing the service, including development of future versions of case management systems. Sec. 302. Funds appropriated within the judicial branch shall not be expended by any component within the judicial branch without the approval of the supreme court. Sec. 303. Of the amount appropriated in part 1 for the judicial branch, $711,900.00 is allocated for circuit court reimbursement under section 3 of 1978 PA 16, MCL 800.453, and for costs associated with the court of claims. Sec. 306. By February 1, the state court administrative office shall produce a statistical report, categorized by county, regarding both the collected and uncollected amounts of restitution payments, court fees, and any other applicable judgments placed upon persons within the county, reported for the year 2015. Sec. 307. From the funds appropriated in part 1 for mental health courts and diversion services, $1,730,000.00 is intended to address the recommendations of the mental health diversion council. Sec. 308. If sufficient funds are not available from the court fee fund to pay judges’ compensation, the difference between the appropriated amount from that fund for judges’ compensation and the actual amount available after the amount appropriated for trial court reimbursement is made shall be appropriated from the state general fund for judges’ compensation. If an appropriation is made under this section, the state court administrative office shall notify, within 14 days of the appropriation, the senate and house standing committees on appropriations, the senate and house appropriations subcommittees on judiciary, the senate and house fiscal agencies, and the state budget office. Sec. 309. By April 1, the state court administrative office shall provide a report on drug treatment, mental health, and veterans court programs in this state. The report shall include information on the number of each type of program that has been established, the number of program participants in each jurisdiction, and the impact of the programs on offender criminal involvement and recidivism. The report shall be submitted to the senate and house appropriations subcommittees on judiciary, the senate and house fiscal agencies, and the state budget director. Sec. 311. (1) The funds appropriated in part 1 for drug treatment courts as that term is defined in section 1060 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1060, shall be administered by the state court administrative office to operate drug treatment court programs. A drug treatment court shall be responsible for handling cases involving substance abusing nonviolent offenders through comprehensive supervision, testing, treatment services, and immediate No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1265 sanctions and incentives. A drug treatment court shall use all available county and state personnel involved in the disposition of cases including, but not limited to, parole and probation agents, prosecuting attorneys, defense attorneys, and community corrections providers. The funds may be used in connection with other federal, state, and local funding sources. (2) From the funds appropriated in part 1, the chief justice shall allocate sufficient funds for the Michigan judicial institute to provide in‑state training for those identified in subsection (1), including training for new drug treatment court judges. (3) For drug treatment court grants, consideration for priority may be given to those courts where higher instances of substance abuse cases are filed. (4) The judiciary shall receive $1,500,000.00 in Byrne formula grant funding as an interdepartmental grant from the department of state police to be used for expansion of drug treatment courts, to assist in avoiding prison bed space growth for nonviolent offenders in collaboration with the department of corrections. Sec. 312. From the funds appropriated in part 1, the state court administrator shall produce a statistical report regarding the implementation of the parental rights restoration act, 1990 PA 211, MCL 722.901 to 722.908, as it pertains to minors seeking court‑issued waivers of parental consent. The state court administrative office shall report the total number of petitions filed and the total number of petitions granted under that act. Sec. 317. Funds appropriated in part 1 shall not be used for the permanent assignment of state‑owned vehicles to justices or judges or any other judicial branch employee. This section does not preclude the use of state‑owned motor pool vehicles for state business in accordance with approved guidelines. Sec. 320. (1) From the funds appropriated in part 1 for the swift and sure sanctions program, created under section 3 of chapter XIA of the code of criminal procedure, 1927 PA 175, MCL 771A.3, the state court administrative office shall administer a program to distribute grants to qualifying courts in accordance with the objectives and requirements of the probation swift and sure sanctions act, chapter XIA of the code of criminal procedure, 1927 PA 175, MCL 771A.1 to 771A.8. Of the $4,000,000.00 designated for the program, not more than $100,000.00 shall be available to the state court administrative office to pay for employee costs associated with the administration of the program funds. Of the funds designated for the program, $500,000.00 is reserved for programs in counties that had more than 325 individuals sentenced to prison in the previous calendar year. Courts interested in participating in the swift and sure sanctions program may apply to the state court administrative office for a portion of the funds appropriated in part 1 under this section. (2) By April 1, the state court administrative office shall provide a report on the courts that receive funding under the swift and sure sanctions program described in subsection (1) to the senate and house appropriations subcommittees on judiciary, the senate and house fiscal agencies, and the state budget director. The report shall include all of the following: (a) The number of offenders who participate in the program. (b) The criminal history of offenders who participate in the program. (c) The recidivism rate of offenders who participate in the program, including the rate of return to jail, prison, or both. (d) A detailed description of the establishment and parameters of the program. (3) As used in this section, “program” means a swift and sure sanctions program described in subsection (1). Sec. 321. From the funds appropriated in part 1, the judicial branch shall support a statewide legal self‑help Internet website and local nonprofit self‑help centers that use the statewide website to provide assistance to individuals representing themselves in civil legal proceedings. The state court administrative office shall summarize the costs of maintaining the website, provide statistics on the number of people visiting the website, and provide information on content usage, form completion, and user feedback. By March 1, the state court administrative office shall report this information for the preceding fiscal year to the senate and house appropriations subcommittees on judiciary, the senate and house fiscal agencies, and the state budget director. Sec. 322. If Byrne formula grant funding is awarded to the state appellate defender, the state appellate defender office may receive and expend Byrne formula grant funds in an amount not to exceed $250,000.00 as an interdepartmental grant from the department of state police. If the appellate defender appointed under section 3 of the appellate defender act, 1978 PA 620, MCL 780.713, receives federal grant funding from the United States Department of Justice in excess of the amount appropriated in part 1, the office of appellate defender may receive and expend grant funds in an amount not to exceed $300,000.00 as other federal grants. Sec. 322a. If Byrne formula grant funding is awarded to the Michigan indigent defense commission, the Michigan indigent defense commission may receive and expend Byrne formula grant funds in an amount not to exceed $250,000.00 as an interdepartmental grant from the department of state police. The Michigan indigent defense commission, created under section 5 of the Michigan indigent defense commission act, 2013 PA 93, MCL 780.985, may receive and expend federal grant funding from the United States Department of Justice in an amount not to exceed $300,000.00 as other federal grants. Sec. 323. The state court administrative office shall provide courts with a quarterly listing of out‑of‑state placements of juveniles by each court. The state court administrative office shall also provide each judge who hears juvenile matters with the annual listing of per diem costs of the public and private residential care facilities located or doing business in this state, and the recidivism data for each facility, if available, as provided by the department of health and human services. The courts shall acknowledge receipt of this information. 1266 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Sec. 324. (1) From the increased funds appropriated in part 1 for the Michigan indigent defense commission, the commission shall increase the total number of staff and begin bringing the Michigan criminal defense system into compliance with the right to counsel requirements of amendment VI of the constitution of the United States and sec­ tion 20 of article I of the state constitution of 1963. The purpose of this program expansion is to implement minimum standards, rules, and procedures to guarantee the right of indigent defendants to the assistance of proficient counsel, collect comprehensive data from all indigent defense systems and attorneys providing indigent defense, and monitor and audit county compliance plans. (2) The commission shall identify specific outcomes and performance measures for this initiative based on the minimum standards approved by the supreme court, including, but not limited to, the following: (a) Monitoring the success of approved minimum standards, including increased training and education of trial‑level defense attorneys, prompt meetings between attorneys and clients, increased access to and use of experts and investigators, and increased use of counsel at first appearance. (b) The commission shall collect data on the standards approved by the supreme court and shall work to identify metrics associated with the improved standards. (c) Monitoring the number of first‑time offenders sentenced to serve prison time within the department of corrections to determine if there is a measurable decline as a result of the standards approved by the supreme court, including training and education requirements, required meetings between client and counsel, increased use of experts and investigators, and the provision of attorneys at first appearance. Sec. 325. From the funds appropriated in part 1, the Michigan indigent defense commission shall submit a report by September 30 to the senate and house appropriations subcommittees on judiciary, the senate and house fiscal agencies, and the state budget director on the incremental costs associated with the standard development process, the compliance plan process, and the collection of data from all indigent defense systems and attorneys providing indigent defense. Particular emphasis shall be placed on those costs that may be avoided after standards are developed and compliance plans are in place. ONE‑TIME APPROPRIATIONS Sec. 401. From the funds appropriated in part 1 for drug treatment courts, the judiciary shall increase funding available for establishing problem‑solving courts. The purpose of this program expansion is to increase the number of participants and to decrease recidivism rates. Sec. 402. (1) The state appellate defender office attorneys and support staff shall increase to ensure Michigan compliance with Montgomery v Louisiana, 577 US _____ (2016). The purpose of the program expansion is to ensure competent, resourced, and supervised counsel in cases involving the resentencing of juvenile lifers. The representation by SADO counsel will create opportunities for release, saving prison costs for the state. (2) From the funds appropriated in part 1, the state appellate defender office shall submit a report by September 30 to the senate and house appropriations subcommittees on judiciary, the senate and house fiscal agencies, and the state budget director on the number of juvenile lifer cases investigated and prepared by the state appellate defender office. The report shall include a calculation of hours spent and focus on incremental costs associated with investigating and conducting a robust examination of each case, with particular emphasis on those costs that may be avoided after the cases have been disposed. Sec. 403. From the funds appropriated in part 1 for the medication‑assisted treatment pilot, the judiciary shall establish a medication‑assisted treatment pilot program to provide treatment for opioid‑addicted and alcohol‑addicted individuals who are referred to and voluntarily participate in the medication‑assisted treatment pilot program. PART 2A PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS FOR FISCAL YEAR 2017‑2018 GENERAL SECTIONS Sec. 1201. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2018 for the line items listed in part 1. The fiscal year 2017‑2018 appropriations are anticipated to be the same as those for fiscal year 2016‑2017, except that the line items will be adjusted for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2017 consensus revenue estimating conference. ARTICLE XIII DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS PART 1 LINE‑ITEM APPROPRIATIONS Sec. 101. There is appropriated for the department of licensing and regulatory affairs for the fiscal year ending September 30, 2017, from the following funds: DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS APPROPRIATION SUMMARY Full‑time equated unclassified positions........................................................................... 57.5 Full‑time equated classified positions.......................................................................... 2,170.3 GROSS APPROPRIATION.......................................................................................................... $ 418,062,400 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1267 For Fiscal Year Ending Sept. 30, 2017 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... $ 46,923,800 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 371,138,600 Federal revenues: Total federal revenues................................................................................................................... 63,818,100 Special revenue funds: Total local revenues...................................................................................................................... 251,600 Total private revenues................................................................................................................... 111,800 Total other state restricted revenues............................................................................................. 263,236,000 State general fund/general purpose ............................................................................................. 43,721,100 State general fund/general purpose schedule: Ongoing state general fund/general purpose.......................................................... 40,321,100 One‑time state general fund/general purpose........................................................... 3,400,000 Sec. 102. DEPARTMENTAL ADMINISTRATION Full‑time equated unclassified positions........................................................................... 57.5 Full‑time equated classified positions............................................................................. 108.0 Unclassified salaries—57.5 FTE positions................................................................................... $ 4,861,800 Executive director programs—24.0 FTE positions...................................................................... 3,239,700 Financial and administrative services—77.0 FTE positions........................................................ 8,634,300 Office for new Americans—4.0 FTE positions............................................................................ 465,600 FOIA coordination—2.0 FTE positions....................................................................................... 308,200 Local community stabilization authority—1.0 FTE position....................................................... 151,600 Property management................................................................................................................... 11,852,400 Information technology services and projects.............................................................................. 21,424,300 Worker’s compensation................................................................................................................. 465,300 GROSS APPROPRIATION.......................................................................................................... $ 51,403,200 Appropriated from: Interdepartmental grant revenues: IDG‑DIFS, accounting services.................................................................................................... 150,000 IDG‑TED unemployment hearings............................................................................................... 568,900 Federal revenues: DED‑vocational rehabilitation and independent living................................................................ 2,121,500 DOE‑heating oil and propane....................................................................................................... 25,000 DOL‑occupational safety and health............................................................................................ 1,001,100 EPA‑underground storage tanks................................................................................................... 128,800 HHS‑Medicaid, certification of health care providers and suppliers........................................... 724,600 HHS‑Medicare, certification of health care providers and suppliers........................................... 1,190,400 Special revenue funds: Local stabilization authority contract........................................................................................... 151,600 Aboveground storage tank fees.................................................................................................... 146,500 Accountancy enforcement fund.................................................................................................... 67,100 Asbestos abatement fund.............................................................................................................. 182,400 Boiler inspection fund.................................................................................................................. 643,400 Builder enforcement fund............................................................................................................. 99,500 Construction code fund................................................................................................................ 1,676,600 Corporation fees........................................................................................................................... 8,713,000 Elevator fees................................................................................................................................. 697,400 Fire alarm fees.............................................................................................................................. 5,400 Fire safety standard and enforcement fund.................................................................................. 1,100 Fire service fees........................................................................................................................... 778,300 Fireworks safety fund................................................................................................................... 94,100 Health professions regulatory fund.............................................................................................. 2,736,000 Health systems fees...................................................................................................................... 454,700 Licensing and regulation fund...................................................................................................... 3,122,900 Liquor license revenue................................................................................................................. 300,000 Liquor purchase revolving fund................................................................................................... 7,187,800 1268 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 Michigan medical marihuana fund............................................................................................... $ Michigan unarmed combat fund................................................................................................... Mobile home code fund............................................................................................................... Nurse professional fund................................................................................................................ PMECSEMA fund........................................................................................................................ Private occupational school license fees...................................................................................... Property development fees........................................................................................................... Public utility assessments............................................................................................................. Radiological health fees............................................................................................................... Real estate appraiser education fund............................................................................................ Real estate education fund........................................................................................................... Real estate enforcement fund....................................................................................................... Restructuring mechanism assessments......................................................................................... Retired engineers technical assistance program fund................................................................... Safety education and training fund.............................................................................................. Second injury fund....................................................................................................................... Securities fees............................................................................................................................... Securities investor education and training fund........................................................................... Security business fund.................................................................................................................. Self‑insurers security fund............................................................................................................ Silicosis and dust disease fund..................................................................................................... Survey and remonumentation fund............................................................................................... Tax tribunal fund.......................................................................................................................... Underground storage tank fees..................................................................................................... Utility consumer representation fund........................................................................................... Worker’s compensation administrative revolving fund................................................................ State general fund/general purpose.............................................................................................. $ Sec. 103. ENERGY AND UTILITY PROGRAMS Full‑time equated classified positions............................................................................. 187.0 Michigan agency for energy—55.0 FTE positions....................................................................... $ Public service commission—132.0 FTE positions....................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: DOE‑heating oil and propane....................................................................................................... DOT‑gas pipeline safety............................................................................................................... EPA‑pollution prevention............................................................................................................. Special revenue funds: Public utility assessments............................................................................................................. Restructuring mechanism assessments......................................................................................... Retired engineers technical assistance program fund................................................................... State general fund/general purpose.............................................................................................. $ Sec. 104. LIQUOR CONTROL COMMISSION Full‑time equated classified positions............................................................................. 143.0 Management support services—28.0 FTE positions.................................................................... $ Liquor licensing and enforcement—115.0 FTE positions............................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Direct shipper enforcement revolving fund.................................................................................. Liquor license fee enhancement fund........................................................................................... Liquor license revenue................................................................................................................. Liquor purchase revolving fund................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 105. OCCUPATIONAL REGULATION Full‑time equated classified positions.......................................................................... 1,031.9 934,500 12,700 616,100 37,700 221,600 165,700 6,100 4,088,100 304,200 6,300 15,200 10,100 51,000 7,000 1,442,300 407,300 4,723,700 14,500 3,200 263,500 182,200 142,200 1,656,900 356,600 54,000 101,900 2,610,500 12,516,000 22,395,500 34,911,500 3,775,000 1,445,500 84,000 27,773,600 607,200 669,600 556,600 4,419,800 15,320,100 19,739,900 126,800 76,400 7,416,100 12,120,600 0 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1269 For Fiscal Year Ending Sept. 30, 2017 Bureau of fire services—78.0 FTE positions............................................................................... $ 11,143,500 Bureau of construction codes—176.0 FTE positions................................................................... 22,081,800 Corporations, securities, and commercial licensing bureau—118.0 FTE positions..................... 15,528,300 Bureau of community and health systems—429.9 FTE positions............................................... 61,112,000 Medical marihuana program—20.0 FTE positions...................................................................... 4,253,300 Bureau of professional licensing—210.0 FTE positions.............................................................. 40,182,300 GROSS APPROPRIATION.......................................................................................................... $ 154,301,200 Appropriated from: Interdepartmental grant revenues: IDG‑MDE, child care licensing.................................................................................................... 16,626,500 Federal revenues: DHS‑fire training systems............................................................................................................ 28,000 DOT‑hazardous materials training and planning.......................................................................... 60,000 EPA‑underground storage tanks................................................................................................... 800,000 HHS‑Medicaid, certification of health care providers and suppliers........................................... 9,191,700 HHS‑Medicare, certification of health care providers and suppliers........................................... 12,352,500 Special revenue funds: Aboveground storage tank fees.................................................................................................... 455,900 Accountancy enforcement fund.................................................................................................... 408,300 Boiler inspection fund.................................................................................................................. 3,819,200 Builder enforcement fund............................................................................................................. 484,300 Construction code fund................................................................................................................ 7,743,900 Corporation fees........................................................................................................................... 7,014,000 Distance education fund............................................................................................................... 300,000 Elevator fees................................................................................................................................. 4,858,300 Fire alarm fees.............................................................................................................................. 125,400 Fire safety standard and enforcement fund.................................................................................. 40,000 Fire service fees........................................................................................................................... 2,500,200 Fireworks safety fund................................................................................................................... 696,200 Health professions regulatory fund.............................................................................................. 23,805,900 Health systems fees...................................................................................................................... 3,702,100 Licensing and regulation fund...................................................................................................... 11,540,800 Liquor purchase revolving fund................................................................................................... 143,200 Michigan medical marihuana fund............................................................................................... 4,253,300 Michigan unarmed combat fund................................................................................................... 145,000 Mobile home code fund............................................................................................................... 3,017,100 Nurse professional fund................................................................................................................ 1,963,800 Nursing home administrative penalties........................................................................................ 202,300 PMECSEMA fund........................................................................................................................ 1,847,700 Private occupational school license fees...................................................................................... 706,300 Property development fees........................................................................................................... 318,100 Real estate appraiser education fund............................................................................................ 64,000 Real estate education fund........................................................................................................... 343,900 Real estate enforcement fund....................................................................................................... 704,400 Securities fees............................................................................................................................... 4,982,800 Securities investor education and training fund........................................................................... 501,200 Security business fund.................................................................................................................. 340,100 Survey and remonumentation fund............................................................................................... 850,100 Underground storage tank fees..................................................................................................... 2,561,100 State general fund/general purpose.............................................................................................. $ 24,803,600 Sec. 106. EMPLOYMENT SERVICES Full‑time equated classified positions............................................................................. 464.4 Workers’ compensation agency—56.0 FTE positions.................................................................. $ 7,832,200 Insurance funds administration—23.0 FTE positions.................................................................. 5,240,200 Compensation supplement fund................................................................................................... 1,820,000 Bureau of services for blind persons—113.0 FTE positions....................................................... 24,639,400 1270 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 Bureau of employment relations—22.0 FTE positions................................................................ $ Michigan occupational safety and health administration—197.0 FTE positions......................... Radiation safety section—21.4 FTE positions............................................................................. Wage and hour program—32.0 FTE positions............................................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: DED‑vocational rehabilitation and independent living................................................................ DOL‑occupational safety and health............................................................................................ HHS‑mammography quality standards......................................................................................... Special revenue funds: Local revenues ‑ blind services.................................................................................................... Private revenues ‑ blind services.................................................................................................. Asbestos abatement fund.............................................................................................................. Corporation fees........................................................................................................................... Michigan business enterprise program fund................................................................................. Radiological health fees............................................................................................................... Safety education and training fund.............................................................................................. Second injury fund....................................................................................................................... Securities fees............................................................................................................................... Self‑insurers security fund............................................................................................................ Silicosis and dust disease fund..................................................................................................... Worker’s compensation administrative revolving fund................................................................ State general fund/general purpose.............................................................................................. $ Sec. 107. MICHIGAN ADMINISTRATIVE HEARING SYSTEM Full‑time equated classified positions............................................................................. 233.0 Michigan administrative hearing system—215.0 FTE positions.................................................. $ Michigan compensation appellate commission—18.0 FTE positions.......................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG‑TED unemployment hearings............................................................................................... IDG revenues ‑ administrative hearings and rules....................................................................... Federal revenues: Federal revenues ‑ administrative hearings and rules................................................................... Special revenue funds: Corporation fees........................................................................................................................... State restricted revenue ‑ administrative hearings and rules........................................................ Worker’s compensation administrative revolving fund................................................................ State general fund/general purpose.............................................................................................. $ Sec. 108. ETHNIC COMMISSIONS Full‑time equated classified positions................................................................................. 3.0 Hispanic/Latino commission of Michigan—1.0 FTE position..................................................... $ Asian Pacific American affairs commission—1.0 FTE position.................................................. Commission on Middle Eastern American affairs—1.0 FTE position......................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: State general fund/general purpose.............................................................................................. $ Sec. 109. DEPARTMENT GRANTS Fire protection grants................................................................................................................... $ Firefighter training grants............................................................................................................. Liquor law enforcement grants..................................................................................................... Medical marihuana operation and oversight grants...................................................................... Remonumentation grants.............................................................................................................. Subregional libraries state aid...................................................................................................... 4,198,900 29,052,100 3,231,800 3,728,100 79,742,700 18,437,600 11,785,200 513,300 100,000 111,800 1,027,500 9,432,400 400,000 2,718,500 9,728,600 2,589,400 8,634,900 1,562,500 1,088,300 1,652,900 9,959,800 37,948,700 4,606,100 42,554,800 4,268,500 25,309,900 153,900 202,700 11,793,400 134,900 691,500 261,000 112,400 100,000 473,400 473,400 9,273,900 2,000,000 7,200,000 3,000,000 7,300,000 451,800 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1271 For Fiscal Year Ending Sept. 30, 2017 Utility consumer representation fund........................................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Fire protection fund...................................................................................................................... Fireworks safety fund................................................................................................................... Liquor license revenue................................................................................................................. Michigan medical marihuana fund............................................................................................... Survey and remonumentation fund............................................................................................... Utility consumer representation fund........................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 110. ONE‑TIME BASIS ONLY Fire protection grants enhancement ‑ one‑time............................................................................ $ Liquor control commission IT upgrades...................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Liquor purchase revolving fund................................................................................................... State general fund/general purpose.............................................................................................. $ PART 2 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2016‑2017 750,000 29,975,700 8,500,000 2,000,000 7,200,000 3,000,000 7,300,000 750,000 1,225,700 3,400,000 1,560,000 4,960,000 1,560,000 3,400,000 GENERAL SECTIONS Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2016‑2017 is $306,957,100.00 and state spending from state resources to be paid to local units of government for fiscal year 2016‑2017 is $32,625,700.00. The itemized statement below identifies appropriations from which spending to local units of government will occur: DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS Fire protection grants................................................................................................................... $ 9,273,900 Firefighter training grants............................................................................................................. 2,000,000 Liquor law enforcement grants..................................................................................................... 7,200,000 Medical marihuana operation and oversight grants...................................................................... 3,000,000 Remonumentation grants.............................................................................................................. 7,300,000 Subregional libraries state aid...................................................................................................... 451,800 Fire protection grants enhancement one‑time.............................................................................. 3,400,000 Total department of licensing and regulatory affairs.................................................................... $ 32,625,700 Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. Sec. 203. As used in this part and part 1: (a) “DED” means the United States Department of Education. (b) “Department” means the department of licensing and regulatory affairs. (c) “DHHS” means the Michigan department of health and human services. (d) “DHS” means the United States Department of Homeland Security. (e) “DIFS” means the department of insurance and financial services. (f) “Director” means the director of the department. (g) “DOE” means the United States Department of Energy. (h) “DOL” means the United States Department of Labor. (i) “DOT” means the United States Department of Transportation. (j) “EPA” means the United States Environmental Protection Agency. (k) “Fiscal agencies” means Michigan house fiscal agency and Michigan senate fiscal agency. (l) “FOIA” means the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. (m) “FTE” means full‑time equated. (n) “HHS” means the United States Department of Health and Human Services. (o) “IDG” means interdepartmental grant. (p) “IT” means information technology. (q) “MDE” means the Michigan department of education. 1272 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (r) “PMECSEMA” means pain management education and controlled substances electronic monitoring and antidiversion. (s) “Subcommittees” means the subcommittees of the house and senate appropriations committees with jurisdiction over the budget for the department. (t) “TED” means the Michigan department of talent and economic development. Sec. 204. The departments and agencies receiving appropriations in this part and part 1 shall use the Internet to fulfill the reporting requirements of this part. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an Internet or Intranet site. Sec. 205. Funds appropriated in this part and part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality. Sec. 206. The director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. The director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both. Sec. 207. (1) Out‑of‑state travel shall be limited to situations in which 1 or more of the following conditions apply: (a) The travel is required by legal mandate or court order or for law enforcement purposes. (b) The travel is necessary to protect the health or safety of Michigan citizens or visitors or to assist other states in similar circumstances. (c) The travel is necessary to produce budgetary savings or to increase state revenues, including protecting existing federal funds or securing additional federal funds. (d) The travel is necessary to comply with federal requirements. (e) The travel is necessary to secure specialized training for staff that is not available within this state. (f) The travel is financed entirely by federal or nonstate funds. (2) The department shall not approve the travel of more than 1 departmental employee to a specific professional development conference or training seminar that is located outside of this state unless a professional development conference or training seminar is funded by a federal or private funding source and requires more than 1 person from a department to attend, or the conference or training seminar includes multiple issues in which 1 employee from the department does not have expertise. (3) Not later than January 1, each department shall prepare a travel report listing all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the house and senate appropriations committees, the fiscal agencies, and the state budget director. The report shall include all of the following information: (a) The name of each person receiving reimbursement for travel outside this state or whose travel costs were paid by this state. (b) The destination of each travel occurrence. (c) The dates of each travel occurrence. (d) A brief statement of the reason for each travel occurrence. (e) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues. (f) A total of all out‑of‑state travel funded for the immediately preceding fiscal year. Sec. 208. Funds appropriated in this part and part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes. Sec. 209. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year‑end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees and the fiscal agencies. Sec. 210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for federal contingency funds. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $25,000,000.00 for state restricted contingency funds. (3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for local contingency funds. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1273 (4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $500,000.00 for private contingency funds. (5) Funds appropriated pursuant to this section are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 211. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency: (a) Fiscal year‑to‑date expenditures by category. (b) Fiscal year‑to‑date expenditures by appropriation unit. (c) Fiscal year‑to‑date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description. (d) The number of active department employees by job classification. (e) Job specifications and wage rates. Sec. 212. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the senate and house appropriations chairs, the subcommittees chairs, and the fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the preceding and current fiscal years. Sec. 213. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department’s performance. Sec. 214. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2017 are $53,627,900.00. From this amount, total agency appropriations for pension‑related legacy costs are estimated at $29,735,200.00. Total agency appropriations for retiree health care legacy costs are estimated at $23,892,700.00. Sec. 215. Unless prohibited by law, the department may accept credit card or other electronic means of payment for licenses, fees, or permits. Sec. 217. The department and agencies receiving appropriations in this part and part 1 shall receive and retain copies of all reports funded from appropriations in this part and part 1. Federal and state guidelines for short‑term and long‑term retention of records shall be followed. The department may electronically retain copies or reports unless otherwise required by federal and state guidelines. Sec. 218. The department shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff. Sec. 219. The department shall not develop or produce any television or radio productions. Sec. 220. The department, in conjunction with the department of health and human services, shall maintain an accounting structure within the Michigan administrative information network that will allow expenditures associated with the administration of the Healthy Michigan plan to be identified. By October 1, if there are changes from the previous fiscal year, the department shall provide the state budget office and the fiscal agencies with the relevant accounting structure and associated business objects script and report that group’s administrative costs. Sec. 221. The department may carry into the succeeding fiscal year unexpended federal pass‑through funds to local institutions and governments that do not require additional state matching funds. Federal pass‑through funds to local institutions and governments that are received in amounts in addition to those included in part 1 and that do not require additional state matching funds are appropriated for the purposes intended. Within 14 days after the receipt of federal pass‑through funds, the department shall notify the house and senate chairpersons of the subcommittees, the fiscal agencies, and the state budget director of pass‑through funds appropriated under this section. Sec. 222. (1) Grants supported with private revenues received by the department are appropriated upon receipt and are available for expenditure by the department, subject to subsection (3), for purposes specified within the grant agreement and as permitted under state and federal law. (2) Within 10 days after the receipt of a private grant appropriated in subsection (1), the department shall notify the house and senate chairpersons of the subcommittees, the fiscal agencies, and the state budget director of the receipt of the grant, including the fund source, purpose, and amount of the grant. (3) The amount appropriated under subsection (1) shall not exceed $1,500,000.00. Sec. 223. (1) The department may charge registration fees to attendees of informational, training, or special events sponsored by the department. (2) These fees shall reflect the costs for the department to sponsor the informational, training, or special events. (3) Revenue generated by the registration fees is appropriated upon receipt and available for expenditure to cover the department’s costs of sponsoring informational, training, or special events. (4) Revenue generated by registration fees in excess of the department’s costs of sponsoring informational, training, or special events shall carry forward to the subsequent fiscal year and not lapse to the general fund. (5) The amount appropriated under subsection (3) shall not exceed $500,000.00. 1274 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Sec. 224. The department may make available to interested entities otherwise unavailable customized listings of nonconfidential information in its possession, such as names and addresses of licensees. The department may establish and collect a reasonable charge to provide this service. The revenue received from this service is appropriated when received and shall be used to offset expenses to provide the service. Any balance of this revenue collected and unexpended at the end of the fiscal year shall lapse to the appropriate restricted fund. Sec. 225. (1) The department shall sell documents at a price not to exceed the cost of production and distribution. Money received from the sale of these documents shall revert to the department. In addition to the funds appropriated in part 1, these funds are available for expenditure when they are received by the department of treasury. This subsection applies only for the following documents: (a) Corporation and securities division documents, reports, and papers required or permitted by law pursuant to sec­ tion 1060(5) of the business corporation act, 1972 PA 284, MCL 450.2060. (b) The Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101 to 436.2303. (c) The mobile home commission act, 1987 PA 96, MCL 125.2301 to 125.2350; the business corporation act, 1972 PA 284, MCL 450.1101 to 450.2098; the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to 450.3192; and the uniform securities act (2002), 2008 PA 551, MCL 451.2101 to 451.2703. (d) Worker’s compensation health care services rules. (e) Construction code manuals. (f) Copies of transcripts from administrative law hearings. (2) In addition to the funds appropriated in part 1, funds appropriated for the department under sections 55, 57, 58, and 59 of the administrative procedures act of 1969, 1969 PA 306, MCL 24.255, 24.257, 24.258, and 24.259, and section 203 of the legislative council act, 1986 PA 268, MCL 4.1203, are appropriated for all expenses necessary to provide for the cost of publication and distribution. (3) Unexpended funds at the end of the fiscal year shall carry forward to the subsequent fiscal year and not lapse to the general fund. Sec. 226. (1) No later than March 1, the department shall submit a report to the subcommittees and fiscal agencies pertaining to licensing and regulatory programs during the previous fiscal year for the following agencies: (a) Public service commission. (b) Liquor control commission. (c) Bureau of fire services. (d) Bureau of construction codes. (e) Corporations, securities, and commercial licensing bureau. (f) Bureau of professional licensing. (g) Bureau of community and health systems. (h) Michigan occupational safety and health administration. (2) The report shall be in a format that is consistent between the agencies listed in subsection (1) and shall provide, but is not limited to, the following information, as applicable, for each agency in subsection (1): (a) Revenue generated by and expenditures disbursed for each regulatory product. (b) Number of applications, both initial and renewal, for each regulatory product. (c) Number of applications, both initial and renewal, approved for each regulatory product. (d) Number of applications, both initial and renewal, denied for each regulatory product. (e) Average amount of time, both tolled and untolled, to approve or deny applications, both initial and renewal, for each regulatory product. (f) Number of examinations proctored for initial applications for each regulatory product. (g) Number of complaints received pertaining to each regulated activity. (h) Number of investigations opened pertaining to each regulated activity. (i) Number of investigations closed pertaining to each regulated activity. (j) Average amount of time to close investigations pertaining to each regulated activity. (k) Number of enforcement actions pertaining to each regulated activity. (l) Number of administrative hearings pertaining to each regulated activity. (m) Number of administrative hearing adjudications pertaining to each regulated activity. (n) The type and amount of each fee charged to support each regulated activity. (3) As used in subsection (2), “regulatory product” means licensure, certification, registration, inspection, review, permitting, approval, or any other regulatory service provided by the agencies specified in subsection (1) for each regulated activity. As used in this subsection and subsection (2), “regulated activity” means the particular activities, entities, facilities, and industries regulated by the agencies specified in subsection (1). Sec. 227. It is the intent of the legislature that the department establish an employee performance monitoring process that is consistent throughout the department in addition to current civil service commission evaluations. By April 1, the department shall submit a report to the state budget office, the subcommittees, and the fiscal agencies on changes to the employee performance monitoring process that are planned or implemented. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1275 ENERGY AND UTILITY PROGRAMS Sec. 301. (1) From the funds appropriated in part 1, the Michigan agency for energy and the Michigan public service commission shall explore policies relating to carbon dioxide capture from industrial sources and the use and sequestration of captured carbon dioxide in enhanced oil recovery that improve our regulatory structure to create an environment that fosters job growth and the utilization of all available energy sources, including, but not limited to, natural gas, petroleum, and crude oil. (2) By April 1, the Michigan agency for energy shall report to the subcommittees, fiscal agencies, and house and senate standing committees covering energy issues its findings from the exploration under subsection (1). LIQUOR CONTROL COMMISSION Sec. 401. The liquor control commission shall utilize funds appropriated from the liquor purchase revolving fund to invest in technology upgrades in an effort to mitigate delays for issuing licenses under section 503 of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1503. It is the intent of the legislature that the commission utilize free software to mitigate these delays, if such a product is available. Sec. 402. The liquor control commission shall expend the funds as required under section 203(10) of the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1203, to investigate and audit unlawful direct shipments of wine by unlicensed wineries and retailers. The liquor control commission shall provide a report to the legislature and the subcommittees detailing the commission’s activities to investigate and audit the illegal shipping of wine and the results of these activities. The report shall also include the estimated loss of sales, excise, and use tax revenue for the state of Michigan as a result of illegal shipments of wine. The report shall be submitted by February 1. OCCUPATIONAL REGULATION Sec. 501. Money appropriated under this part and part 1 for the bureau of fire services shall not be expended unless, in accordance with section 2c of the fire prevention code, 1941 PA 207, MCL 29.2c, inspection and plan review fees will be charged according to the following schedule: Operation and maintenance inspection fee Facility type Facility size Fee Hospitals Any $8.00 per bed Plan review and construction inspection fees for hospitals and schools Project cost range FeeMMMM $101,000.00 or less minimum fee of $155.00 $101,001.00 to $1,500,000.00 $1.60 per $1,000.00 $1,500,001.00 to $10,000,000.00 $1.30 per $1,000.00 $10,000,001.00 or more $1.10 per $1,000.00 or a maximum fee of $60,000.00. Sec. 502. The funds collected by the department for licenses, permits, and other elevator regulation fees set forth in the Michigan administrative code and as determined under section 8 of 1976 PA 333, MCL 338.2158, and section 16 of 1967 PA 227, MCL 408.816, that are unexpended at the end of the fiscal year shall carry forward to the subsequent fiscal year. Sec. 503. No later than February 15, the department shall submit a report to the subcommittees, fiscal agencies, and state budget director providing the following information: (a) The number of honorably discharged veterans, individually or if a majority interest of a corporation or limited liability company, that were exempted from paying licensure, registration, filing, or any other fees collected under each licensure or regulatory program administered by the bureau of construction codes and the corporations, securities, and commercial licensing bureau during the preceding fiscal year. (b) The specific fees and total amount of revenue exempted under each licensure or regulatory program administered by the bureau of construction codes and the corporations, securities, and commercial licensing bureau during the preceding fiscal year. (c) The actual costs of providing licensing and other regulatory services to veterans exempted from paying licensure, registration, filing, or any other fees during the preceding fiscal year and a description of how these costs were calculated. (d) The estimated amount of revenue that will be exempted under each licensure or regulatory program administered by the bureau of construction codes and the corporations, securities, and commercial licensing bureau in both the current and subsequent fiscal years and a description of how the exempted revenue was estimated. Sec. 505. (1) Funds remaining in the homeowner construction lien recovery fund are appropriated to the department for payment of court‑ordered homeowner construction lien recovery fund judgments entered prior to August 23, 2010. Pursuant to available funds, the payment of final judgments shall be made in the order in which the final judgments were entered and began accruing interest. (2) Not later than April 1, the department shall submit to the subcommittees and fiscal agencies a report on the revenues, expenditures, and balance of the homeowner construction lien recovery fund as of the end of the previous fiscal year. Sec. 507. The department shall submit a report by January 31 to the standing committees on appropriations of the senate and house of representatives, the fiscal agencies, and the state budget director that includes all of the following information for the prior fiscal year regarding the medical marihuana program under the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430: (a) The number of initial applications received. 1276 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (b) The number of initial applications approved and the number of initial applications denied. (c) The average amount of time, from receipt to approval or denial, to process an initial application. (d) The number of renewal applications received. (e) The number of renewal applications approved and the number of renewal applications denied. (f) The average amount of time, from receipt to approval or denial, to process a renewal application. (g) The percentage of initial applications not approved or denied within the time requirements established in section 6 of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26426. (h) The percentage of renewal applications not approved or denied within the time requirements established in section 6 of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26426. (i) The percentage of registry cards for approved initial applications not issued within the time requirements established in section 6 of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26426. (j) The percentage of registry cards for approved renewal applications not issued within the time requirements established in section 6 of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26426. (k) The number of registry identification cards issued to or renewed for patients residing in each county as of September 30 of the preceding fiscal year under the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430. (l) The amount collected from the medical marihuana program application and renewal fees authorized in section 5 of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26425. (m) The costs of administering the medical marihuana program under the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430. Sec. 508. If the revenue collected by the department for health systems administration or radiological health administration and projects from fees and collections exceeds the amount appropriated in part 1, the revenue may be carried forward into the subsequent fiscal year. The revenue carried forward under this section shall be used as the first source of funds in the subsequent fiscal year. Sec. 511. No later than February 1, the department shall submit a report to the subcommittees, fiscal agencies, and state budget director providing the following information: (a) The total amount of reimbursements made to local units of government for delegated inspections of fireworks retail locations pursuant to section 11 of the Michigan fireworks safety act, 2011 PA 256, MCL 28.461, from the funds appropriated in part 1 for the bureau of fire services during the preceding fiscal year. (b) The amount of reimbursement for delegated inspections of fireworks retail locations for each local unit of government that received reimbursement from the funds appropriated in part 1 for the bureau of fire services during the preceding fiscal year. Sec. 513. (1) Beginning October 1, for the purpose of defraying the costs associated with responding to false final inspection appointments and to discourage the practice of calling for final inspections when the project is incomplete or noncompliant with a plan of correction previously provided by the bureau of fire services, the bureau of fire services may assess a fee not to exceed $200.00 for responding to confirmed false inspection appointments. Fees collected under this section shall be deposited into the restricted account referenced by section 2c(2) of the fire prevention code, 1941 PA 207, MCL 29.2c, and explicitly identified within the Michigan administrative information network. (2) Not later than September 30, the department shall prepare a report that provides the amount of the fee assessed under subsection (1), the number of fees assessed and issued per region, the cost allocation for the work performed and reduced as a result of this section, and any recommendations for consideration by the legislature. The department shall submit this information to the state budget director, the subcommittees, and the fiscal agencies. Sec. 515. (1) The department shall assess and collect fees in the licensing and regulation of child care organizations, as described in 1973 PA 116, MCL 722.111 to 722.128, and adult foster care facilities, as described in the adult foster care facility licensing act, 1979 PA 218, MCL 400.701 to 400.737. (2) The department shall report the total amount of fees assessed and collected under subsection (1) during the preceding fiscal year to the fiscal agencies no later than December 1 and shall provide information requested by the fiscal agencies as they consider necessary to shift authorization equivalent to that amount from the general fund/general purpose to a state restricted fund within the department’s budget for fiscal year 2017‑2018. Sec. 516. (1) It is the intent of the legislature that the department establish a consistent method of performing and tracking inspections of wood products manufacturing facilities. (2) By February 1, the department shall submit a report to the subcommittees and fiscal agencies pertaining to recently conducted inspections that shall contain all of the following regarding wood products manufacturing facilities: (a) The number of on‑site MIOSHA inspections conducted during the prior fiscal year. (b) The list of all inspections conducted, including the name and location of each business. (c) The summary of the results of each inspection, including any citations issued. (d) The number of the fatalities in the prior calendar year. (e) The number of occupational injuries and illnesses related to wood products manufacturing in the prior 2 calendar years. (f) The injury and illness rate for the industry as a whole during the prior 2 calendar years. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1277 (g) The percentage of MIOSHA inspection cases that had citations from the prior fiscal year. (h) The average number of citations per MIOSHA inspection in the prior fiscal year. (i) The average penalty per MIOSHA inspection for inspections with penalties during the prior fiscal year. Sec. 517. (1) Not later than March 1, the department shall submit a report to the house and senate appropriations committees that includes the following: (a) Items listed in section 519(3). (b) The number of administrative actions against licensees for overprescribing, including the specialty certification and practice location of each prescriber. (c) The number of administrative actions against licensees for overdispensing, including the dispensing location of each dispenser. (d) The number of administrative actions taken against licensees for drug diversion. (e) The number of prescribers who were notified as potentially overprescribing. (f) A description of a plan the department will formulate with DHHS to notify at‑risk patients that their prescriber has had his or her license suspended and to have available references for treatment. (2) The department shall provide information on how a prescriber may obtain the most recent federal guidelines for prescribing opioids for chronic pain by the next renewal date for the license issued by the department. Sec. 518. From the amount appropriated in part 1 for the bureau of community and health systems, upon receipt of the order of suspension of a licensed adult foster care home, home for the aged, or nursing home, the department shall serve the facility and provide contemporaneous notice to the offices of legislators representing a district where the licensed facility is situated. Sec. 519. (1) From the funds appropriated in part 1 for the Michigan automated prescription system upgrades, the department shall provide improved efficiencies and functionality of the system for dispensers and prescribers as well as improved reporting capabilities to support safer prescribing practices. (2) In addition to improved reporting capabilities, the department, as permissible by law, will consider releasing statistical and analytical information for statistical, research, or education purposes so long as it does not include or identify patient protected information. (3) The department shall identify and report by November 30 of the subsequent fiscal year to the house and senate appropriations committees specific outcomes and performance metrics for this initiative, including, but not limited to, the following: (a) Prescribers registered to the Michigan automated prescription system. (b) Dispensers registered to the Michigan automated prescription system. (c) Use of the Michigan automated prescription system by prescribers. (d) Use of the Michigan automated prescription system by dispensers. (e) Number of cases related to overprescribing, overdispensing, and drug diversion where the department took admin­ istrative action as a result of information and data generated from the Michigan automated prescription system. (f) The number of integrations from the electronic health record systems used by prescribers and dispensers with the Michigan automated prescription system. (g) Recommendations including, but not limited to, both of the following: (i) Benefits of having direct integration from the electronic health record systems used by the prescribers and dispensers to the Michigan automated prescription system. (ii) Cost estimate and funding required for this state to fund the implementation of the integration from the prescribers and dispensers electronic health record systems to the Michigan automated prescription system. EMPLOYMENT SERVICES Sec. 704. (1) The appropriation in part 1 for the bureau of services for blind persons includes funds for case services. These funds may be used for tuition payments for blind clients. (2) Revenue collected by the bureau of services for blind persons and from private and local sources that is unexpended at the end of the fiscal year may carry forward to the subsequent fiscal year. Sec. 705. The bureau of services for blind persons shall work collaboratively with service organizations and government entities to identify qualified match dollars to maximize use of available federal vocational rehabilitation funds. Sec. 707. The bureau of services for blind persons may provide and enter into agreements to provide general services, training, meetings, information, special equipment, software, facility use, and technical consulting services to other principal executive departments, state agencies, local units of government, the judicial branch of government, other organiza­tions, and patrons of department facilities. The department may charge fees for these services that are reasonably related to the cost of providing the services. In addition to the funds appropriated in part 1, funds collected by the department for these services are appropriated for all expenses necessary. The funds appropriated under this section are allotted for expenditure when they are received by the department of treasury. DEPARTMENT GRANTS Sec. 901. The appropriation in part 1 for fire protection grants shall be appropriated to cities, villages, and townships with state‑owned facilities for fire services, instead of taxes, in accordance with 1977 PA 289, MCL 141.951 to 141.956. 1278 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Sec. 902. (1) The department shall expend the funds appropriated in part 1 for medical marihuana operation and oversight grants for grants to county law enforcement offices for the operation and oversight of the Michigan medical marihuana program pursuant to section 6(l) of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26426. These grants shall be distributed proportionately based on the number of registry identification cards issued to or renewed for the residents of each county whose county law enforcement office applied for a grant under subsection (2). For the purposes of this subsection, operation and oversight grants are for education, communication, and enforcement of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430. (2) No later than December 1, the department shall post a listing of potential grant money available to each county law enforcement agency on its website. In addition, the department shall work collaboratively with county law enforcement agencies, the Michigan Sheriff’s Association, and other representative law enforcement organizations regarding the availability of these grant funds. A county law enforcement agency requesting a grant shall apply on a form developed by the department and available on the website. The form shall contain the county law enforcement agency’s specific projected plan for use of the money and its agreement to maintain all records and to submit documentation to the department to support the use of the grant money. (3) In order to be eligible to receive a grant under subsection (1), a county law enforcement agency shall apply no later than January 1 and agree to report how the grant was expended and provide that report to the department no later than September 15. The department shall submit a report no later than October 15 of the subsequent fiscal year to the state budget director, the subcommittees, and the fiscal agencies detailing the grant amounts by recipient and the reported uses of the grants in the preceding fiscal year. (4) County law enforcement agencies may distribute discretionary grants made under subsection (1) to municipal law enforcement agencies for the operation and oversight of the Michigan medical marihuana program pursuant to section 6(l) of the Michigan medical marihuana act, 2008 IL 1, MCL 333.26426. If a county law enforcement agency distributes a discretionary grant in this manner, that county law enforcement agency shall require the receiving municipal law enforcement agency to provide a report on how that grant was spent. Reports from municipal law enforcement agencies shall be included as part of the report submitted to the department as required in subsection (3). Sec. 903. (1) The amount appropriated in part 1 for firefighter training grants shall only be expended for payments to counties to reimburse organized fire departments for firefighter training and other activities required under the firefighters training council act, 1966 PA 291, MCL 29.361 to 29.377. (2) If the amount appropriated in part 1 for firefighter training grants is expended by the firefighter training council, established in section 3 of the firefighters training council act, 1966 PA 291, MCL 29.363, for payments to counties under section 14 of the firefighters training council act, 1966 PA 291, MCL 29.374, it is the intent of the legislature that: (a) The amount appropriated in part 1 for firefighter training grants shall be allocated pursuant to section 14(2) of the firefighters training council act, 1966 PA 291, MCL 29.374. (b) If the amount allocated to any county under subdivision (a) is less than $5,000.00, the amounts disbursed to each county under subdivision (a) shall be adjusted to provide for a minimum payment of $5,000.00 to each county. (3) No later than February 1, the department shall submit a financial report to the subcommittees and fiscal agencies identifying the following information for the preceding fiscal year: (a) The amount of the payments that would be made to each county if the distribution formula described by the first sentence of section 14(2) of the firefighters training council act, 1966 PA 291, MCL 29.374, would have been utilized to allocate the total amount appropriated in part 1 for firefighter training grants. (b) The amount of the payments approved by the firefighter training council for allocation to each county. (c) The amount of the payments actually expended or encumbered within each county. (d) A description of any other payments or expenditures made under the authority of the firefighter training council. (e) The amount of payments approved for allocations to counties that was not expended or encumbered and lapsed back to the fireworks safety fund. Sec. 904. (1) The funds appropriated in part 1 for a regional or subregional library shall not be released until a budget for that regional or subregional library has been approved by the department for expenditures for library services directly serving the blind and persons with disabilities. (2) In order to receive subregional state aid as appropriated in part 1, a regional or subregional library’s fiscal agency shall agree to maintain local funding support at the same level in the current fiscal year as in the fiscal agency’s preceding fiscal year. If a reduction in expenditures equally affects all agencies in a local unit of government that is the regional or subregional library’s fiscal agency, that reduction shall not be interpreted as a reduction in local support and shall not disqualify a regional or subregional library from receiving state aid under part 1. If a reduction in income affects a library cooperative or district library that is a regional or subregional library’s fiscal agency or a reduction in expenditures for the regional or subregional library’s fiscal agency, a reduction in expenditures for the regional or subregional library shall not be interpreted as a reduction in local support and shall not disqualify a regional or subregional library from receiving state aid under part 1. ONE‑TIME BASIS APPROPRIATIONS Sec. 1001. (1) From the funds appropriated in part 1 for the liquor control commission IT upgrades, the department shall maintain customer service standards for authorized distributor agents, licensees, and vendors. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1279 (2) The department shall identify specific outcomes and performance metrics for this initiative, including, but not limited to, the following: (a) System availability to licensees. (b) System order errors. ARTICLE XIV DEPARTMENT OF MILITARY AND VETERANS AFFAIRS PART 1 LINE‑ITEM APPROPRIATIONS Sec. 101. There is appropriated for the department of military and veterans affairs for the fiscal year ending September 30, 2017, from the following funds: DEPARTMENT OF MILITARY AND VETERANS AFFAIRS APPROPRIATION SUMMARY Full‑time equated unclassified positions............................................................................. 9.0 Full‑time equated classified positions............................................................................. 898.5 GROSS APPROPRIATION.......................................................................................................... $ 174,100,200 Interdepartmental grant and intradepartmental transfer revenues: Total interdepartmental grants and intradepartmental transfers................................................... 101,800 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 173,998,400 Federal revenues: Total federal revenues................................................................................................................... 91,793,600 Special revenue funds: Total local revenues...................................................................................................................... 1,522,400 Total private revenues................................................................................................................... 742,800 Total other state restricted revenues............................................................................................. 24,696,000 State general fund/general purpose.............................................................................................. $ 55,243,600 State general fund/general purpose schedule: Ongoing state general fund/general purpose.......................................................... 51,443,600 One‑time state general fund/general purpose........................................................... 3,800,000 Sec. 102. MILITARY Full‑time equated unclassified positions............................................................................. 9.0 Full‑time equated classified positions............................................................................. 334.0 Unclassified positions—9.0 FTE positions.................................................................................. $ 1,425,500 Departmentwide accounts............................................................................................................. 1,839,100 Headquarters and armories—78.0 FTE positions......................................................................... 17,254,100 Information technology services and projects.............................................................................. 1,384,600 Michigan youth challeNGe academy—50.0 FTE positions......................................................... 5,326,900 Military family relief fund........................................................................................................... 600,000 Military training sites and support facilities—205.0 FTE positions............................................ 33,793,000 National Guard tuition assistance fund........................................................................................ 60,000 National Guard tuition assistance program—1.0 FTE position................................................... 3,505,000 National Guard operations............................................................................................................ 338,200 Starbase grant............................................................................................................................... 2,322,000 GROSS APPROPRIATION.......................................................................................................... $ 67,848,400 Appropriated from: Interdepartmental grant and intradepartmental transfer revenues: Total interdepartmental grants and intradepartmental transfers................................................... 101,800 Federal revenues: Total federal revenues................................................................................................................... 47,488,100 Special revenue funds: Total local revenues...................................................................................................................... 1,522,400 Total private revenues................................................................................................................... 202,800 Total other state restricted revenues............................................................................................. 6,551,800 State general fund/general purpose.............................................................................................. $ 11,981,500 Sec. 103. MICHIGAN VETERANS AFFAIRS AGENCY Full‑time equated classified positions............................................................................. 209.5 Board of managers (veterans homes)........................................................................................... $ 940,000 D.J. Jacobetti home for veterans—164.5 FTE positions.............................................................. 21,250,600 Michigan veterans trust fund administration—6.0 FTE positions................................................ 1,464,800 Michigan veterans trust fund grants............................................................................................. 3,746,500 1280 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 MVAA administration—39.0 FTE positions................................................................................ $ Targeted grants............................................................................................................................. Veterans service grants................................................................................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Total federal revenues................................................................................................................... Special revenue funds: Total private revenues................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 104. GRAND RAPIDS HOME FOR VETERANS Full‑time equated classified positions............................................................................. 355.0 Veterans home operations............................................................................................................. $ Purchased services........................................................................................................................ Salaries, wages, and fringe benefits—355.0 FTE positions......................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Total federal revenues................................................................................................................... Special revenue funds: Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 105. CAPITAL OUTLAY Land and acquisitions................................................................................................................... $ Special maintenance ‑ headquarters and armories....................................................................... Special maintenance ‑ veterans homes......................................................................................... Veterans homes planning.............................................................................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Total federal revenues................................................................................................................... Special revenue funds: Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 106. ONE‑TIME APPROPRIATIONS Armory maintenance.................................................................................................................... $ Grand Rapids home Medicaid certification pilot......................................................................... Homeless veterans........................................................................................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ PART 2 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2016‑2017 7,057,300 200,000 3,763,500 38,422,700 8,305,600 540,000 10,611,700 18,965,400 6,135,400 10,342,600 30,751,000 47,229,000 20,999,900 6,532,500 19,696,600 1,000,000 15,300,000 500,000 100 16,800,100 15,000,000 1,000,000 800,100 2,500,000 1,000,000 300,000 3,800,000 3,800,000 GENERAL SECTIONS Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2016‑2017 is $79,939,600.00 and state spending from state resources to be paid to local units of government for fiscal year 2016‑2017 is $102,400.00. The itemized statement below identifies appropriations from which spending to local units of government will occur: DEPARTMENT OF MILITARY AND VETERANS AFFAIRS Military training sites and support facilities................................................................................ $ 52,400 MVAA administration.................................................................................................................. $ 50,000 TOTAL.......................................................................................................................................... $ 102,400 Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1281 Sec. 203. As used in this part and part 1: (a) “Core services” means that phrase as defined in section 373 of the management and budget act, 1984 PA 431, MCL 18.1373. (b) “Department” means the department of military and veterans affairs. (c) “Director” means the director of the department. (d) “DJJHV” means the D.J. Jacobetti home for veterans. (e) “FTE” means full‑time equated. (f) “GRHV” means the Grand Rapids home for veterans. (g) “HVAC” means heating, ventilation, and air conditioning. (h) “MVAA” means the Michigan veterans affairs agency. (i) “Subcommittees” means the subcommittees of the senate and house appropriations committees with jurisdiction over the budget of the department. (j) “USDVA” means the United States Department of Veterans Affairs. (k) “USDVA‑VHA” means the USDVA Veterans Health Administration. (l) “VSO” means veterans service organization. (m) “Work project” means that term as defined in section 404 of the management and budget act, 1984 PA 431, MCL 18.1404, and that meets the criteria in section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a. Sec. 206. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $2,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 207. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following: (a) Fiscal year‑to‑date expenditures by category. (b) Fiscal year‑to‑date expenditures by appropriation unit. (c) Fiscal year‑to‑date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description. (d) The number of active department employees by job classification. (e) Job specifications and wage rates. Sec. 208. The departments and agencies receiving appropriations in part 1 shall use the Internet to fulfill the reporting requirements of this part. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an Internet or Intranet site. Sec. 209. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality. Sec. 210. The director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. The director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both. Sec. 215. The department shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff. Sec. 218. The departments and agencies receiving appropriations in part 1 shall prepare a report on out‑of‑state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the senate and house appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information: (a) The dates of each travel occurrence. 1282 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues. Sec. 219. The department shall provide quarterly reports to the subcommittees, the senate and house fiscal agencies, and the state budget office, which shall provide the following data: (a) A list of all major work projects, including a status report of each project. (b) The department’s financial status, featuring a report of budgeted versus actual expenditures by part 1 line item including a year‑end projection of budget requirements. If projected department budget requirements exceed the allocated budget, the report shall include a plan to reduce overall expenses while still satisfying specified service level requirements. (c) A report on the status of performance metrics cited in this part and information required to be reported in this part. (d) The number of active employees at the close of the fiscal quarter by job classification and program. (e) Evidence of efficiencies and management of funds within established appropriations. Sec. 222. The appropriations in part 1 are for the core services, support services, and work projects of the department, including, but not limited to, the following core services: (a) Armories and joint force readiness. (b) National Guard training facilities and air bases. (c) Michigan youth challeNGe academy. (d) Military family relief fund. (e) Starbase grant. (f) National Guard tuition assistance program. (g) Michigan veterans affairs agency administration. (h) Veterans service grants. (i) Veterans’ trust fund administration. (j) Veterans’ trust fund grants. (k) Board of managers (veterans homes). (l) Grand Rapids home for veterans. (m) D.J. Jacobetti home for veterans. Sec. 225. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes. Sec. 228. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriations lapses at the close of the prior fiscal year. This report shall summarize the projected year‑end general fund/general purpose appropriations lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees, the subcommittees, and the senate and house fiscal agencies. Sec. 229. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the senate and house appropriations chairs, the subcommittees, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2016 and September 30, 2017. Sec. 230. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the agency’s performance. Sec. 231. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2017 are $18,602,500.00. From this amount, total agency appropriations for pension‑related legacy costs are estimated at $10,314,600.00. Total agency appropriations for retiree health care legacy costs are estimated at $8,287,900.00. Sec. 232. The appropriations in part 1 for capital outlay shall be carried forward at the end of the fiscal year consistent with section 248 of the management and budget act, 1984 PA 431, MCL 18.1248. Sec. 233. Sixty days prior to the public announcement of the intention to sell any department real property, the department shall submit notification of that intent to the subcommittees and the senate and house fiscal agencies. Sec. 234. The one‑time appropriations in part 1 for special maintenance shall be carried forward at the end of the fiscal year consistent with section 248 of the management and budget act, 1984 PA 431, MCL 18.1248. MILITARY UNCLASSIFIED POSITIONS Sec. 300. (1) From the funds appropriated in part 1, there is funding to support unclassified employee positions as authorized by section 5 of article XI of the state constitution of 1963. These positions include the following: department director ‑ the adjutant general for Michigan; assistant adjutant general ‑ army; assistant adjutant general ‑ installations; assistant adjutant general ‑ air; senior policy executive ‑ Michigan veterans affairs agency; senior deputy director ‑ state operations; director ‑ strategy and policy; chief executive officer for the veteran health system; and director ‑ Michigan veterans affairs agency. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1283 (2) Not less than 30 days prior to the department submitting a request for an additional unclassified employee position from the civil service commission, or for any substantive change to the duties of an existing unclassified employee position, the department shall notify the subcommittees and the senate and house fiscal agencies. ARMORIES AND JOINT FORCE READINESS Sec. 302. (1) From the funds appropriated in part 1 for military operations, effective and efficient executive direction and administrative leadership shall be provided to the department. (2) The department shall operate and maintain National Guard armories. (3) The department shall evaluate armories and submit a quarterly report on the status of the armories. (4) The department shall maintain a system to measure the condition and adequacy of the armories. (5) The Michigan Army National Guard and Air National Guard shall work to provide a culture that is free of sexual assault, through an environment of prevention, education and training, response capability, victim support, reporting procedures, and appropriate accountability that enhances the safety and well‑being of all guard members. (6) By December 1, the department shall report the following information to the subcommittees, the senate and house fiscal agencies, and the state budget office: (a) An assessment of the grounds and facilities of each armory to objectively measure and determine the current facility condition and capability to support authorized manpower, unit training, and operations. (b) Recommendations for the placement of new armories, the relocation or consolidation of existing armories, or a change in the mission of units assigned to armories to ideally position the National Guard in current or projected popula­ tion centers. (c) Recommendations for the enhanced use of armories to facilitate family support programs during deployments. (d) An analysis of the feasibility, potential costs, and benefits of use of armories shared with other local, state, or federal agencies to improve responses to local emergencies as well as the community support provided to armories. (e) An investment strategy and proposed funding amounts in a prioritized project list to correct the most critical facility shortfalls across the inventory of armories in this state. NATIONAL GUARD TRAINING FACILITIES AND AIR BASES Sec. 304. (1) The department shall provide Army and Air National Guard forces, when directed, for state and local emergencies and in support of national military requirements. (2) The department shall operate and maintain Army National Guard training facilities, including Fort Custer and Camp Grayling. (3) The department shall maintain a system that measures the condition and adequacy of air facilities using both quality and functionality criteria. (4) The department shall operate and maintain Air National Guard air bases, including Selfridge Air National Guard base, Battle Creek Air National Guard base, and Alpena combat readiness training center. (5) The department shall provide the following information as provided under section 219: (a) The apportioned and assigned strength of the Michigan Army National Guard. (b) The apportioned and assigned strength of the Michigan Air National Guard. (c) Recruiting, retention, and attrition data, including measurement against stated performance goals, for the Michigan Army National Guard. (d) Recruiting, retention, and attrition data, including measurement against stated performance goals, for the Michigan Air National Guard. Sec. 305. There is hereby created and established under the jurisdiction and control of the department a revolving account to be known as the billeting fund account. All of the fees and other revenues generated from the operation of the chargeable transient quarters program shall be deposited in the billeting fund account. Appropriations will be made from the account for the support of program operations and the maintenance and operations of the chargeable transient quarters program and will not exceed the estimated revenues for the fiscal year in which they are made, together with unexpended balances from prior years. The department shall submit an annual report of operations and expenditures regarding the billeting fund account to the appropriations committees of the senate and house of representatives, the house and senate fiscal agencies, and the state budget office at the end of the fiscal year. MICHIGAN YOUTH CHALLENGE ACADEMY Sec. 307. (1) The department shall maintain the Michigan youth challeNGe academy to provide values, skills, education, and self‑discipline instruction for at‑risk youth as provided under 32 USC 509. (2) The department shall take steps to recruit candidates to the challeNGe program from economically disadvantaged areas, including those with low‑income and high‑unemployment backgrounds. (3) The department shall partner with the department of health and human services to identify youth who may be eligible for the challeNGe program from those youth served by department of health and human services programs. These eligible youth shall be given priority for enrollment in the program. (4) The department shall maintain the staffing and resources necessary to train at least 144 cadets simultaneously at the Michigan youth challeNGe academy. 1284 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (5) The department shall ensure that the average grade level increase for Michigan youth challeNGe academy graduates is 2 years as measured with the test adult basic education (TABE) metrics. MILITARY FAMILY RELIEF FUND Sec. 308. (1) The department shall provide grants for disbursement from the military family relief fund, as provided under the military family relief fund act, 2004 PA 363, MCL 35.1211 to 35.1216, and R 200.5 to R 200.95 of the Michigan administrative code. (2) The department shall provide information on the revenues, expenditures for advertising and assistance grants, and fund balance of the Michigan military family relief fund, as provided under section 219. (3) The department shall provide sufficient staffing and other resources to provide outreach to the Michigan families of members of the reserve component of the armed forces called into active duty and to support the processing and approval of grant applications this fiscal year under the Michigan military relief fund and report those applications as provided in section 219. STARBASE GRANT Sec. 309. The department shall maintain the starbase program at Air National Guard facilities, as provided under 10 USC 2193b, to improve the knowledge, skills, and interest of students, primarily in the fifth grade, in math, science, and technology. The starbase program is to specifically target minority and at‑risk students for participation. NATIONAL GUARD TUITION ASSISTANCE PROGRAM Sec. 310. (1) The department shall establish and maintain a National Guard tuition assistance program for members of the Michigan Air and Army National Guard. (2) The objective of the National Guard tuition program is to bolster military readiness by increasing recruitment and retention of Michigan Air and Army National Guard service members (and to fill federally authorized strength levels for the state), improve the Michigan Air and Army National Guard’s competitive draw from other military enlistment options in the state, enhance the ability of the Michigan Air and Army National Guard to compete for members and federal dollars with surrounding states, and increase the pool of eligible candidates within the Michigan Air and Army National Guard to become commissioned officers. (3) The department shall make efforts to increase the number of Michigan Air and Army National Guard members participating in the program to 1,000 during the third year of the program’s existence. To evaluate the effectiveness of the program, the department shall monitor the number of new recruits and new reenlistments and the percentage of those who become participants in the program to determine whether the percentage of authorized Michigan Air and Army National Guard strength obtained and retained is competitive in comparison with the neighboring air and army national guards from the states of Illinois, Indiana, Ohio, and Wisconsin. (4) From the funds appropriated in part 1, the National Guard tuition assistance program shall be supported with revenue from the Michigan national guard tuition assistance fund created in section 4 of the Michigan national guard tuition assistance act, 2014 PA 259, MCL 32.434. As provided in section 4 of the Michigan national guard tuition assistance act, 2014 PA 259, MCL 32.434, unexpended funds remaining in the Michigan national guard tuition assistance fund at the end of the fiscal year shall not lapse to the general fund. INFORMATION TECHNOLOGY SERVICES AND PROJECTS Sec. 311. The funds appropriated in part 1 for information technology services and projects shall be used as a pass through via an interdepartmental grant to the department of technology, management, and budget for technology services, including maintenance and repair services, and technology projects, to maximize the operational efficiency and effectiveness of the department. MICHIGAN VETERANS AFFAIRS AGENCY MICHIGAN VETERANS AFFAIRS AGENCY ADMINISTRATION Sec. 400. (1) The MVAA shall provide outreach services to Michigan veterans that advise them on the benefits to which they are entitled, as provided under Executive Reorganization Order No. 2013‑2, MCL 32.92. The MVAA shall also do the following: (a) Maintain the staffing partnerships and other resources necessary to develop and operate an outreach program that will communicate benefit eligibility information to at least 50% of Michigan’s population of veterans, as assessed by annual census estimates, with a goal of reaching 100% and enabling 100% to access benefit information online. (b) Communicate veteran benefit information pertaining to the Michigan military family relief fund, Michigan veterans’ trust fund, and USDVA health, financial, and memorial benefits to which they are entitled. (c) Provide sufficient staffing and other resources to approve requests for military discharge certificates (DD‑214) annually. (d) Continue the process to digitize all medical records, military discharge documents, and burial records that are currently on paper and microfilm. (e) Provide a report, as provided under section 219, on the MVAA’s performance on the performance measures, outcomes, and initiatives developed by the agency in the strategic plan required by section 501 of 2013 PA 9. (f) Provide a report to the subcommittees, senate and house fiscal agencies, and the state budget office no later than April 1 providing for the following: (i) To the extent known, data on the estimated number of homeless veterans, by county, in this state. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1285 (ii) A summary of the activities and strategies developed to date under the MVAA community assessment and regional service delivery model pilot. (2) From the funds appropriated in part 1, the MVAA shall provide for the regional coordination of services, as follows: (a) Regional coordinators shall be selected by the MVAA through a grant agreement with VSOs or by other means. (b) Regional coordinators shall provide the following services: (i) Coordinate veteran benefit counselors’ efforts throughout a specified region. (ii) Coordinate services with the department of health and human services and the department of corrections. (iii) Coordinate with regional workforce and economic development agencies. (iv) Coordinate activities among local foundations, nonprofit organizations, and community groups to improve accessibility, enrollment, and utilization of the array of health care, education, employment assistance, and quality of life services provided at the local level. (c) The MVAA may work with MVAA service officers, regional coordinators, county veteran counselors, VSO service officers, and other service providers to incorporate the provision of information relating to mental health care resources into their daily operations to aid veterans in understanding the mental health care support services they may be eligible to receive. (d) The MVAA shall coordinate with the department of health and human services to identify Medicaid recipients who are veterans and who may be eligible for federal veterans health care benefits or other benefits, to the extent that the identification does not violate applicable confidentiality requirements. (e) The MVAA shall collaborate with the department of corrections to create and maintain a process by which prisoners can obtain a copy of their DD‑214 form or other military discharge documentation if necessary. (f) The MVAA shall ensure that all MVAA service officers, VSO service officers, and regional coordinators receive appropriate training in processing applications for benefits payable to veterans due to military sexual trauma, post‑traumatic stress disorder, depression, anxiety, substance abuse, or other mental health issues. (3) The MVAA shall provide claims processing services to Michigan veterans in support of benefit claims submitted to the USDVA for the health, financial, and memorial benefits for which they are eligible, and shall do all of the following: (a) Report the following information as provided in section 219: (i) The number of benefit claims, by type, submitted to the USDVA by MVAA and coalition partner veteran service officers. (ii) The number of fully developed claims, submitted to the USDVA, with an overall goal of 40% of benefit claims submitted that are considered fully developed by the USDVA. (b) Maintain the staffing and resources necessary to process a minimum of 500 claims per year. (4) The MVAA shall maintain staffing and resources necessary to develop and implement a process to ensure that all county counselors receive the training and accreditation necessary to provide quality services to our veterans. The MVAA shall report information as provided in section 219 on the number and percentage of county veterans counselors requesting training by the MVAA, with an overall goal of 100% of county veterans counselors trained. (5) From the funds appropriated in part 1 for MVAA operations, the MVAA shall provide grant assistance to enhance the capacity and capabilities of counties in providing benefit claims assistance. These funds shall be used to continue the implementation of an Internet‑based data system, to increase the number of county veterans counselors, and to increase the number of counties that provide service to veterans through county veterans counselors. The MVAA shall provide a report, as provided in section 219, on the expenditures and activities of the grant funds directed by this subsection. (6) From the funds appropriated in part 1 for MVAA, the MVAA is authorized to expend up to $50,000.00 to hire legal services to represent veterans benefit cases before federal court to maintain accreditation under 38 CFR 14.628(d)(1)(iv). VETERANS SERVICE ORGANIZATION GRANTS Sec. 406. (1) The MVAA shall disburse VSO grants to assist them to achieve agency goals and performance objectives in partnership with the VSOs. Grants to VSOs will be disbursed to fund programs and projects which are determined by the agency to meet agency performance objectives and ensure that VSOs communicate the availability of emergency grants through the Michigan veterans’ trust fund. In disbursing veterans service organization grants, the MVAA shall do the following: (a) Ensure that each VSO that receives grants is issued performance standards. (b) Ensure that each VSO that receives grant funds uses those funds for veterans advocacy and outreach. (c) Monitor the performance of each VSO that receives grants. (2) Veterans service organization grants awarded by the MVAA shall provide for the following, as developed by the MVAA: (a) The provision of service to veterans statewide, using a regional service delivery model, with services provided at specified locations and times, including service provided in state correctional facilities. (b) The payment of a fixed hourly service rate. (c) A specified number of service hours within each geographic region of this state, with a statewide goal of at least 116,500 hours, including service hours provided to eligible incarcerated veterans within 1 year of their earliest release date. 1286 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (d) Use of an MVAA‑designated Internet‑based claims data system. (3) The MVAA shall report the following information as provided in section 219: (a) A summary of activities supported through the appropriation in part 1 for veterans service organization grants, including separately for each service region, the amount of expenditures to date, number of service hours, number of claims for benefits submitted by type of claim, and other information deemed appropriate by the MVAA. (b) The number of fully developed claims, by type, submitted to the USDVA by veterans service organizations, with an overall goal of 40% of benefit claims submitted that are considered fully developed by the USDVA. VETERANS’ TRUST FUND ADMINISTRATION Sec. 407. (1) The Michigan veterans’ trust fund board together with the MVAA shall provide emergency grants for disbursement from the Michigan veterans’ trust fund, as provided under the following program authorities: (a) Sections 37, 38, and 39 of article IX of the state constitution of 1963. (b) 1946 (1st Ex Sess) PA 9, MCL 35.602 to 35.610. (c) R 35.1 to R 35.7 of the Michigan administrative code. (d) R 35.621 to R 35.623 of the Michigan administrative code. (2) No later than December 1, the MVAA shall provide a detailed report of the Michigan veterans’ trust fund that includes, for the prior fiscal year, information on grants provided from the emergency grant program, including details concerning the methodology of allocations, the selection of emergency grant program authorized agents, a description of how the emergency grant program is administered in each county, and a detailed breakdown of trust fund expenditures for that year, including the amount distributed to each county for administrative costs and emergency grants. The report shall also include the number of approved applications, by category of assistance, and the number of denied applications, by reason of denial. The report shall also provide an update on the department’s efforts to reduce program administrative costs and maintain the Michigan veterans’ trust fund corpus to its original amount of at least $50,000,000.00. (3) Any funds not expended or encumbered at the end of the current fiscal year shall be deposited into the Michigan veterans’ trust fund corpus. VETERANS’ TRUST FUND GRANTS Sec. 408. (1) The MVAA shall provide a report, as provided under section 219, on the financial status of the Michigan veterans’ trust fund, including the number and amount of emergency grants, state administrative expenses, and county administrative expenses. (2) The Michigan veterans’ trust fund board together with the agency shall maintain the staffing and resources necessary to process a minimum of 2,000 applications for veterans’ trust fund emergency grants. GRAND RAPIDS AND D.J. JACOBETTI HOMES FOR VETERANS Sec. 501. (1) The MVAA and the board of managers shall provide compassionate and quality nursing and domiciliary care services at the Grand Rapids and D.J. Jacobetti homes for veterans so that members can achieve their highest potential of wellness, independence, self‑worth, and dignity. (2) The department shall provide resources necessary to provide nursing care services to veterans in accordance with federal standards and provide the results of the annual USDVA survey and certification as proof of compliance. (3) Appropriations in part 1 for the Grand Rapids and the D.J. Jacobetti homes for veterans shall not be used for any purpose other than for veterans and veterans’ families. (4) Any contractor providing competency evaluated nursing assistants (CENA) to the Grand Rapids home for veterans shall ensure that each CENA has at least 8 hours of training on information provided by the home. (5) Any contractor providing competency evaluated nursing assistants to the Grand Rapids home for veterans shall ensure that each CENA has at least 1 eight‑hour shift of shadowing at the veterans’ home. (6) Any contractor providing competency evaluated nursing assistants to the Grand Rapids home for veterans shall ensure that each CENA is competent in the basic skills needed to perform his or her assigned duties at the home. (7) The Grand Rapids home for veterans shall provide each CENA at least 12 hours of in‑service training once that individual has been assigned to the home. (8) All complaints of abusive or neglectful care at the Grand Rapids and the D.J. Jacobetti homes for veterans by a resident member, a resident member’s family or legal guardian, or staff of the veterans’ homes, received by a supervisor shall be referred to the director of nursing or his or her designee upon receipt of such complaint. The director of nursing or his or her designee shall report on not less than a monthly basis, except that the board of managers may specify a more frequent reporting period, to the home administrator, board of managers, agency, subcommittees, the senate and house fiscal agencies, and the state budget office the following information: (a) A description of the process by which resident members and others may file complaints of alleged abuse or neglect at the Grand Rapids and the D.J. Jacobetti homes for veterans. (b) Summary statistics on the number and general nature of complaints of abuse or neglect. (c) Summary statistics on the final disposition of complaints of abuse or neglect received. (9) The Grand Rapids and D.J. Jacobetti homes for veterans shall provide an on‑site, board‑certified psychiatrist for all resident members with mental health disorders in order to ensure that those resident members receive needed services in a professional and timely manner. The Grand Rapids and D.J. Jacobetti homes for veterans shall provide all members and staff a safe and secure environment. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1287 (10) The Grand Rapids and D.J. Jacobetti homes for veterans shall ensure that they effectively develop, execute, and monitor all comprehensive care plans in accordance with federal regulations and their internal policies, with a goal that a comprehensive care plan is fully developed for all resident members. (11) The Grand Rapids and D.J. Jacobetti homes for veterans shall implement controls over their food, maintenance supplies, pharmaceuticals, and medical supplies inventories. (12) The Grand Rapids and D.J. Jacobetti homes for veterans shall establish sufficient controls for calculating resident member maintenance assessments in order to accurately calculate resident member maintenance assessments for each billing cycle. The Grand Rapids and D.J. Jacobetti homes for veterans shall establish sufficient controls to ensure that all past due resident member maintenance assessments are addressed within 30 days. (13) The Grand Rapids and D.J. Jacobetti homes for veterans shall establish sufficient controls over monetary donations and donated goods. (14) The Grand Rapids and D.J. Jacobetti homes for veterans shall implement sufficient controls over the handling of resident member funds to ensure the release of funds within 3 business days upon the resident member leaving the home and to ensure that a representative of a resident member is provided a full accounting of that resident member’s funds within 10 business days of the death of that resident member. (15) The MVAA shall post on its website all policies adopted by the board of managers and the home related to the administrative operations of the home. (16) The process by which visitors, residents, and employees of the Grand Rapids and D.J. Jacobetti homes for veterans may register complaints shall be displayed in high‑traffic areas throughout the home. (17) The MVAA shall report its findings regarding the state veterans’ homes’ compliance with the requirements and standards under this section in a quarterly report to the legislature and the state budget office. The quarterly reports shall include, but are not limited to, the following information: (a) Quality of care metrics, including: (i) The number of patient care hours and staffing levels measured against USDVA‑VHA standards. (ii) Sentinel events reported to the USDVA. (iii) Fall and wound reports. (iv) Complaint reports, including abuse and neglect complaints and outcomes of complaint investigations. (v) Additional minimum data set quality of care indicators used to measure quality of care in long‑term care facilities. (b) Quarterly budget update. (c) An accounting of resident member populations at the Grand Rapids and D.J. Jacobetti homes for veterans as follows: (i) By demographics, including period of service, gender, and age. (ii) By care setting, payment source, and associated revenue projections. (d) Updates related to the modernization of the Grand Rapids and D.J. Jacobetti homes for veterans, including information related to the following: (i) Infrastructure/capital outlay improvements. (ii) Information technology updates. (iii) Financial management. (e) Updates on corrective action status related to any audit and survey findings until such findings have been fully addressed. (18) The Grand Rapids and D.J. Jacobetti homes for veterans shall provide to the subcommittees, the senate and house fiscal agencies, and the state budget office the results of any annual or for‑cause survey conducted by the USDVA‑VHA and any corresponding corrective action plan. This information shall also be made available publicly through the department’s or MVAA’s website. (19) The MVAA shall provide to the legislature and the state budget office quarterly reports regarding the status of Medicaid certification efforts, including, but not limited to, descriptions of incremental milestones, associated expenditures, and the percent of plan completed. Sec. 502. (1) From the increased funds appropriated in part 1 for the D.J. Jacobetti home for veterans, the department shall pursue compliance with current Centers for Medicare and Medicaid Services certification standards by the end of the current fiscal year. The purpose of this expansion will be to obtain Medicaid certification during fiscal year 2016‑2017, to increase the ability to fully utilize all federal funding available to cover the cost of care of eligible veterans living at DJJHV, and to improve overall quality of care for all veterans living at DJJHV. (2) The department shall identify specific outcomes and performance measures for this initiative, including, but not limited to, the following: (a) The quality of care to members of DJJHV shall increase as a result of increased direct care staffing ratios. (b) The quality of the care environment at DJJHV shall increase as a result of facility updates made according to Medicaid specifications to increase members’ access to private and semi‑private accommodations. (c) The quality of care for members of DJJHV shall increase as a result of increased ability efforts to implement long‑term care evidence‑based best practices at DJJHV. 1288 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (d) The collection of available federal Medicaid revenue shall increase as a result of Medicaid certification. (e) The fiscal stability of DJJHV shall improve due to increased efforts to collect available federal revenue. Sec. 503. The department shall ensure that the quality of care for members of the Grand Rapids and D.J. Jacobetti homes for veterans shall exceed the current quality of care for the full spectrum of health care services as a result of the upgrades made to the homes to meet the Centers for Medicare and Medicaid Services certification standards. The department shall provide a quarterly report to the subcommittees which contains evidence that the quality of care for the full spectrum of health care services has improved due to those upgrades. BOARD OF MANAGERS (VETERANS HOMES) Sec. 504. The board of managers shall exercise certain regulatory and governance authority regarding admission and member affairs at the Grand Rapids and D.J. Jacobetti homes for veterans. The board of managers shall also work to represent the interest of the veterans’ community in both advisory and advocacy roles. CAPITAL OUTLAY SPECIAL MAINTENANCE – NATIONAL GUARD Sec. 601. (1) The appropriations in part 1 for special maintenance – National Guard shall be carried forward at the end of the fiscal year consistent with section 248 of the management and budget act, 1984 PA 431, MCL 18.1248. (2) The appropriations for special maintenance – National Guard shall be expended in accordance with the requirements of sections 302 and 304 and shall be expended according to the maintenance priorities of the department to repair and modernize military training sites and support facilities, including armories, which may include projects such as roof, HVAC, or boiler replacement, interior renovations, facility expansion, improvements to parking facilities, and other projects. (3) The department shall provide a quarterly report as provided under section 219 providing information on the status, projected costs, and projected completion date of current and planned special maintenance projects at the armories and other National Guard facilities funded from capital outlay appropriations made in part 1 and in prior appropriations years. SPECIAL MAINTENANCE – VETERANS’ HOMES Sec. 603. (1) The appropriations in part 1 for special maintenance – veterans’ homes shall be carried forward at the end of the fiscal year consistent with section 248 of the management and budget act, 1984 PA 431, MCL 18.1248. (2) The appropriations for special maintenance – veterans’ homes shall be expended in accordance with the require­ ments of section 501 and shall be expended according to the maintenance priorities of the department to repair and modernize the state’s veterans’ homes, which may include projects such as roof, HVAC, or boiler replacement, interior renovations, facility expansion, improvements to parking facilities, and other projects designed to enhance the quality of life and medical care of members. (3) The MVAA shall provide a quarterly report as provided under section 219 providing information on the status, projected costs, and projected completion date of current and planned special maintenance projects at the Grand Rapids home for veterans and D.J. Jacobetti home for veterans funded from capital outlay appropriations made in part 1 and in prior appropriations years. LAND AND ACQUISITIONS Sec. 604. (1) The department shall provide for the acquisition and disposition of National Guard armories, facilities, and lands as provided under sections 368, 382, and 382a of the Michigan military act, 1967 PA 150, MCL 32.768, 32.782, and 32.782a. (2) The department shall provide a listing of property sales and acquisitions as provided under section 219. VETERANS’ HOMES PLANNING Sec. 605. (1) Funds appropriated in part 1 for veterans’ homes planning shall be used for the purposes of improving this state’s services in providing homes for veterans, which includes, but is not limited to, the following: (a) Developing a long‑term plan for this state’s veterans’ homes. (b) The acquisition of land or facilities for the purpose of expanding upon existing veterans’ homes or creating new veterans’ homes. (c) Constructing 1 or more new veterans’ homes. (d) Renovation of an existing veterans’ home, in whole or in part, or its associated facilities and infrastructure. (2) The department shall issue a report quarterly regarding the progress of any project undertaken utilizing funds appropriated for veterans’ homes planning to the chairs of the house and senate standing committees on appropriations, the subcommittees, and the house and senate fiscal agencies. ONE‑TIME APPROPRIATIONS ARMORY MAINTENANCE Sec. 701. (1) The appropriations in part 1 for armory maintenance shall be carried forward at the end of the fiscal year consistent with section 248 of the management and budget act, 1984 PA 431, MCL 18.1248. (2) The appropriations for armory maintenance shall be expended in accordance with the requirements of sections 302 and 304 and shall be expended according to the maintenance priorities of the department to repair and modernize military training sites and support facilities, including armories. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1289 PART 2A PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS FOR FISCAL YEAR 2017‑2018 GENERAL SECTIONS Sec. 1201. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2018 for the line items listed in part 1. The fiscal year 2017‑2018 appropriations are anticipated to be the same as those for fiscal year 2016‑2017, excluding appropriations designated as one‑time appropriations and adjusting for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2017 consensus revenue estimating conference. Sec. 1202. The veterans affairs agency shall provide the percentage of Michigan veterans contacted, with a goal of 100%, and report upon those outreach findings to the subcommittees at quarterly legislative hearings. Sec. 1203. The veterans affairs agency shall maintain a minimum 50% fully developed claims as determined by the USDVA. ARTICLE XV DEPARTMENT OF NATURAL RESOURCES PART 1 LINE‑ITEM APPROPRIATIONS Sec. 101. There is appropriated for the department of natural resources for the fiscal year ending September 30, 2017, from the following funds: DEPARTMENT OF NATURAL RESOURCES APPROPRIATION SUMMARY Full‑time equated unclassified positions............................................................................. 6.0 Full‑time equated classified positions.......................................................................... 2,236.8 GROSS APPROPRIATION.......................................................................................................... $ 398,254,100 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 1,375,900 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 396,878,200 Federal revenues: Total federal revenues................................................................................................................... 72,365,400 Special revenue funds: Total private revenues................................................................................................................... 7,446,400 Total other state restricted revenues............................................................................................. 277,156,400 State general fund/general purpose.............................................................................................. $ 39,910,000 State general fund/general purpose schedule: Ongoing state general fund/general purpose.......................................................... 38,260,000 One‑time state general fund/general purpose........................................................... 1,650,000 FUND SOURCE SUMMARY Full‑time equated unclassified positions............................................................................. 6.0 Full‑time equated classified positions.......................................................................... 2,236.8 GROSS APPROPRIATION.......................................................................................................... $ 398,254,100 Interdepartmental grant revenues: IDG, land acquisition services‑to‑work orders............................................................................. 232,200 IDG, MacMullan conference center revenue................................................................................ 1,143,700 Total interdepartmental grants and intradepartmental transfers................................................... 1,375,900 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 396,878,200 Federal revenues: Federal funds................................................................................................................................ 72,365,400 Total federal revenues................................................................................................................... 72,365,400 Special revenue funds: Private ‑ Mann house trust fund................................................................................................... 15,000 Private funds................................................................................................................................. 7,431,400 Total private revenues................................................................................................................... 7,446,400 Cervidae licensing and inspection fees........................................................................................ 138,800 Clean Michigan initiative fund..................................................................................................... 29,700 Commercial forest fund................................................................................................................ 26,600 Fire equipment fund..................................................................................................................... 668,700 Forest development fund.............................................................................................................. 44,288,400 Forest land user charges............................................................................................................... 252,200 Forest recreation account.............................................................................................................. 1,825,500 1290 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 Game and fish protection fund..................................................................................................... $ 75,013,200 Game and fish protection fund ‑ deer habitat reserve.................................................................. 2,127,300 Game and fish protection fund ‑ fisheries settlement.................................................................. 629,200 Game and fish protection fund ‑ turkey permit fees.................................................................... 1,008,400 Game and fish protection fund ‑ waterfowl fees.......................................................................... 122,400 Game and fish protection fund ‑ wildlife management public education fund............................ 1,600,000 Game and fish protection fund ‑ wildlife resource protection fund............................................. 1,140,700 Game and fish protection fund ‑ youth hunting and fishing education and outreach fund......... 95,800 History fees fund.......................................................................................................................... 233,000 Invasive species fund.................................................................................................................... 100 Land exchange facilitation fund................................................................................................... 6,985,900 Local public recreation facilities fund.......................................................................................... 1,682,500 Mackinac Island State Park fund.................................................................................................. 1,573,000 Mackinac Island State Park operation fund.................................................................................. 148,500 Marine safety fund....................................................................................................................... 3,718,600 Michigan heritage publications fund............................................................................................ 22,300 Michigan natural resources trust fund.......................................................................................... 1,870,700 Michigan state parks endowment fund......................................................................................... 26,541,300 Michigan state waterways fund.................................................................................................... 22,707,100 Michigan trailways fund............................................................................................................... 200 Museum operations fund.............................................................................................................. 502,900 Nongame wildlife fund................................................................................................................. 483,400 Off‑road vehicle safety education fund........................................................................................ 203,500 Off‑road vehicle trail improvement fund...................................................................................... 7,068,700 Park improvement fund................................................................................................................ 53,201,700 Park improvement fund ‑ Belle Isle subaccount.......................................................................... 800,000 Permanent snowmobile trail easement fund................................................................................. 700,000 Public use and replacement deed fees.......................................................................................... 27,500 Recreation improvement account................................................................................................. 1,123,100 Recreation passport fees............................................................................................................... 8,296,400 Snowmobile registration fee revenue........................................................................................... 1,196,900 Snowmobile trail improvement fund............................................................................................ 9,024,700 Sportsmen against hunger fund.................................................................................................... 77,500 Total other state restricted revenues............................................................................................. 277,156,400 State general fund/general purpose.............................................................................................. $ 39,910,000 Sec. 102. EXECUTIVE OPERATIONS Full‑time equated unclassified positions............................................................................. 6.0 Full‑time equated classified positions............................................................................... 11.6 Natural resources commission...................................................................................................... $ 77,100 Unclassified salaries—6.0 FTE positions..................................................................................... 754,000 Executive direction—11.6 FTE positions..................................................................................... 2,120,700 GROSS APPROPRIATION.......................................................................................................... $ 2,951,800 Appropriated from: Special revenue funds: Forest development fund.............................................................................................................. 364,800 Forest land user charges............................................................................................................... 2,300 Forest recreation account.............................................................................................................. 7,700 Game and fish protection fund..................................................................................................... 1,058,500 Game and fish protection fund ‑ deer habitat reserve.................................................................. 19,200 Game and fish protection fund ‑ turkey permit fees.................................................................... 7,700 Game and fish protection fund ‑ waterfowl fees.......................................................................... 500 Game and fish protection fund ‑ wildlife resource protection fund............................................. 13,000 Land exchange facilitation fund................................................................................................... 10,400 Marine safety fund....................................................................................................................... 46,600 Michigan natural resources trust fund.......................................................................................... 1,400 Michigan state parks endowment fund......................................................................................... 363,000 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1291 For Fiscal Year Ending Sept. 30, 2017 Michigan state waterways fund.................................................................................................... $ Nongame wildlife fund................................................................................................................. Off‑road vehicle safety education fund........................................................................................ Off‑road vehicle trail improvement fund...................................................................................... Park improvement fund................................................................................................................ Recreation improvement account................................................................................................. Snowmobile registration fee revenue........................................................................................... Snowmobile trail improvement fund............................................................................................ Sportsmen against hunger fund.................................................................................................... State general fund/general purpose ............................................................................................. Sec. 103. DEPARTMENT INITIATIVES Full‑time equated classified positions............................................................................... 16.0 Great Lakes restoration initiative................................................................................................. $ Michigan conservation corps........................................................................................................ Invasive species prevention and control—16.0 FTE positions..................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal funds................................................................................................................................ Special revenue funds: State general fund/general purpose.............................................................................................. $ Sec. 104. DEPARTMENT SUPPORT SERVICES Full‑time equated classified positions............................................................................. 109.5 Finance and operations—105.5 FTE positions............................................................................. $ Accounting service center............................................................................................................ Legislative and legal affairs—4.0 FTE positions......................................................................... Building occupancy charges......................................................................................................... Rent ‑ privately owned property................................................................................................... Gifts and pass‑through transactions............................................................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG, land acquisition services‑to‑work orders............................................................................. Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Private funds................................................................................................................................. Clean Michigan initiative fund..................................................................................................... Forest development fund.............................................................................................................. Forest land user charges............................................................................................................... Forest recreation account.............................................................................................................. Game and fish protection fund..................................................................................................... Game and fish protection fund ‑ deer habitat reserve.................................................................. Game and fish protection fund ‑ turkey permit fees.................................................................... Game and fish protection fund ‑ waterfowl fees.......................................................................... Game and fish protection fund ‑ wildlife resource protection fund............................................. Land exchange facilitation fund................................................................................................... Local public recreation facilities fund.......................................................................................... Marine safety fund....................................................................................................................... Michigan natural resources trust fund.......................................................................................... Michigan state parks endowment fund......................................................................................... Michigan state waterways fund.................................................................................................... Nongame wildlife fund................................................................................................................. Off‑road vehicle safety education fund........................................................................................ Off‑road vehicle trail improvement fund...................................................................................... Park improvement fund................................................................................................................ 192,300 3,900 400 82,900 457,300 12,400 4,700 17,100 100 285,600 5,500,000 1,000,000 5,028,300 11,528,300 5,500,000 6,028,300 17,300,200 1,480,400 546,900 3,126,700 488,400 5,000,000 27,942,600 232,200 329,700 5,000,000 29,700 2,402,600 4,900 43,800 5,898,100 136,400 70,100 2,900 28,100 5,899,100 182,500 727,800 1,247,000 912,400 572,200 9,500 300 86,500 1,276,300 1292 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 Public use and replacement deed fees.......................................................................................... $ Recreation improvement account................................................................................................. Snowmobile registration fee revenue........................................................................................... Snowmobile trail improvement fund............................................................................................ Sportsmen against hunger fund.................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 105. COMMUNICATION AND CUSTOMER SERVICES Full‑time equated classified positions............................................................................. 132.3 Marketing and outreach—80.8 FTE positions.............................................................................. $ Michigan historical center—51.5 FTE positions.......................................................................... Michigan wildlife council............................................................................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Private ‑ Mann house trust fund................................................................................................... Private funds................................................................................................................................. Forest development fund.............................................................................................................. Forest recreation account.............................................................................................................. Game and fish protection fund..................................................................................................... Game and fish protection fund ‑ wildlife management public education fund............................ Game and fish protection fund ‑ youth hunting and fishing education and outreach fund......... History fees fund.......................................................................................................................... Land exchange facilitation fund................................................................................................... Marine safety fund....................................................................................................................... Michigan heritage publications fund............................................................................................ Michigan state parks endowment fund......................................................................................... Michigan state waterways fund.................................................................................................... Museum operations fund.............................................................................................................. Nongame wildlife fund................................................................................................................. Off‑road vehicle trail improvement fund...................................................................................... Park improvement fund................................................................................................................ Recreation passport fees............................................................................................................... Snowmobile registration fee revenue........................................................................................... Snowmobile trail improvement fund............................................................................................ Sportsmen against hunger fund.................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 106. WILDLIFE MANAGEMENT Full‑time equated classified positions............................................................................. 226.5 Wildlife management—217.5 FTE positions............................................................................... $ Natural resources heritage—9.0 FTE positions............................................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Private funds................................................................................................................................. Cervidae licensing and inspection fees........................................................................................ Forest development fund.............................................................................................................. Game and fish protection fund..................................................................................................... Game and fish protection fund ‑ deer habitat reserve.................................................................. Game and fish protection fund ‑ turkey permit fees.................................................................... Game and fish protection fund ‑ waterfowl fees.......................................................................... Nongame wildlife fund................................................................................................................. State general fund/general purpose.............................................................................................. $ 27,500 71,300 43,500 106,300 400 2,601,500 13,653,700 5,576,300 1,600,000 20,830,000 1,722,600 15,000 396,200 131,900 16,300 8,288,800 1,600,000 93,800 233,000 45,800 35,600 22,300 88,800 146,700 502,900 10,500 31,100 2,785,400 23,800 19,300 45,100 76,400 4,498,700 37,007,300 632,900 37,640,200 20,326,800 315,700 85,400 77,600 11,870,000 1,710,100 896,800 115,700 429,000 1,813,100 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1293 For Fiscal Year Ending Sept. 30, 2017 Sec. 107. FISHERIES MANAGEMENT Full‑time equated classified positions............................................................................. 221.5 Aquatic resource mitigation—2.0 FTE positions......................................................................... $ Fish production—63.0 FTE positions.......................................................................................... Fisheries resource management—156.5 FTE positions................................................................ Cormorant population mitigation program................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Private funds................................................................................................................................. Game and fish protection fund..................................................................................................... Game and fish protection fund ‑ fisheries settlement.................................................................. Invasive species fund.................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 108. LAW ENFORCEMENT Full‑time equated classified positions............................................................................. 273.0 General law enforcement—273.0 FTE positions......................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Cervidae licensing and inspection fees........................................................................................ Forest development fund.............................................................................................................. Forest recreation account.............................................................................................................. Game and fish protection fund..................................................................................................... Game and fish protection fund ‑ wildlife resource protection fund............................................. Marine safety fund....................................................................................................................... Michigan state parks endowment fund......................................................................................... Michigan state waterways fund.................................................................................................... Off‑road vehicle safety education fund........................................................................................ Off‑road vehicle trail improvement fund...................................................................................... Park improvement fund................................................................................................................ Snowmobile registration fee revenue........................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 109. PARKS AND RECREATION DIVISION Full‑time equated classified positions............................................................................. 902.9 MacMullan conference center—15.0 FTE positions.................................................................... $ Recreational boating—163.5 FTE positions................................................................................. State parks—673.4 FTE positions................................................................................................ Forest recreation and trails—51.0 FTE positions......................................................................... State parks improvement revenue bonds ‑ debt service............................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG, MacMullan conference center revenue................................................................................ Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Private funds................................................................................................................................. Forest recreation account.............................................................................................................. Michigan state parks endowment fund......................................................................................... Michigan state waterways fund.................................................................................................... Michigan trailways fund............................................................................................................... 629,300 10,194,000 20,378,600 150,000 31,351,900 11,225,700 136,200 18,951,500 629,200 100 409,200 40,506,000 40,506,000 6,477,500 53,400 45,400 72,800 19,322,900 1,057,500 1,340,900 71,400 21,700 156,000 1,693,800 72,800 721,900 9,398,000 1,143,700 17,371,300 66,487,900 6,189,400 1,188,800 92,381,100 1,143,700 1,750,500 428,400 1,642,900 20,805,600 16,239,000 100 1294 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 Off‑road vehicle safety education fund........................................................................................ $ Off‑road vehicle trail improvement fund...................................................................................... Park improvement fund................................................................................................................ Park improvement fund ‑ Belle Isle subaccount.......................................................................... Recreation improvement account................................................................................................. Recreation passport fees............................................................................................................... Snowmobile registration fee revenue........................................................................................... Snowmobile trail improvement fund............................................................................................ State general fund/general purpose.............................................................................................. $ Sec. 110. MACKINAC ISLAND STATE PARK COMMISSION Full‑time equated classified positions............................................................................... 17.0 Historical facilities system—13.0 FTE positions......................................................................... $ Mackinac Island State Park operations—4.0 FTE positions........................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Mackinac Island State Park fund.................................................................................................. Mackinac Island State Park operation fund.................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 111. FOREST RESOURCES DIVISION Full‑time equated classified positions............................................................................. 326.5 Adopt‑a‑forest program................................................................................................................ $ Cooperative resource programs—11.0 FTE positions.................................................................. Forest management and timber market development—176.0 FTE positions............................... Forest fire equipment.................................................................................................................... Wildfire protection—114.0 FTE positions................................................................................... Forest management initiatives—8.5 FTE positions...................................................................... Minerals management—17.0 FTE positions................................................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Private funds................................................................................................................................. Commercial forest fund................................................................................................................ Fire equipment fund..................................................................................................................... Forest development fund.............................................................................................................. Forest land user charges............................................................................................................... Game and fish protection fund..................................................................................................... Michigan state parks endowment fund......................................................................................... Michigan state waterways fund.................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 112. GRANTS Dam management grant program................................................................................................. $ Deer habitat improvement partnership initiative.......................................................................... Federal ‑ clean vessel act grants.................................................................................................. Federal ‑ forest stewardship grants............................................................................................... Federal ‑ land and water conservation fund payments................................................................. Federal ‑ rural community fire protection.................................................................................... Federal ‑ urban forestry grants..................................................................................................... Fisheries habitat improvement grants........................................................................................... Grants to communities ‑ federal oil, gas, and timber payments.................................................. Grants to counties ‑ marine safety............................................................................................... National recreational trails........................................................................................................... Nonmotorized trail development and maintenance grants........................................................... 7,200 1,796,400 43,251,600 800,000 333,400 272,600 15,800 1,441,400 2,452,500 1,573,000 352,100 1,925,100 1,573,000 148,500 203,600 25,000 1,547,100 31,134,300 581,500 13,712,800 854,100 2,828,600 50,683,400 4,273,300 1,054,900 24,500 668,700 32,599,800 221,100 1,932,000 2,659,100 50,900 7,199,100 350,000 200,000 400,000 3,000,000 2,566,900 400,000 1,600,000 1,250,000 3,450,000 3,074,700 3,900,000 350,000 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1295 For Fiscal Year Ending Sept. 30, 2017 Off‑road vehicle safety training grants......................................................................................... $ Off‑road vehicle trail improvement grants................................................................................... Recreation improvement fund grants............................................................................................ Recreation passport local grants................................................................................................... Snowmobile law enforcement grants............................................................................................ Snowmobile local grants program................................................................................................ Trail easements............................................................................................................................. Wildlife habitat improvement grants............................................................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Private funds................................................................................................................................. Game and fish protection fund..................................................................................................... Game and fish protection fund ‑ deer habitat reserve.................................................................. Local public recreation facilities fund.......................................................................................... Marine safety fund....................................................................................................................... Off‑road vehicle safety education fund........................................................................................ Off‑road vehicle trail improvement fund...................................................................................... Permanent snowmobile trail easement fund................................................................................. Recreation improvement account................................................................................................. Snowmobile registration fee revenue........................................................................................... Snowmobile trail improvement fund............................................................................................ State general fund/general purpose.............................................................................................. $ Sec. 113. INFORMATION TECHNOLOGY Information technology services and projects.............................................................................. $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Commercial forest fund................................................................................................................ Forest development fund.............................................................................................................. Forest land user charges............................................................................................................... Forest recreation account.............................................................................................................. Game and fish protection fund..................................................................................................... Game and fish protection fund ‑ deer habitat reserve.................................................................. Game and fish protection fund ‑ turkey permit fees.................................................................... Game and fish protection fund ‑ waterfowl fees.......................................................................... Game and fish protection fund ‑ wildlife resource protection fund............................................. Game and fish protection fund ‑ youth hunting and fishing education and outreach fund......... Land exchange facilitation fund................................................................................................... Marine safety fund....................................................................................................................... Michigan natural resources trust fund.......................................................................................... Michigan state parks endowment fund......................................................................................... Michigan state waterways fund.................................................................................................... Michigan trailways fund............................................................................................................... Nongame wildlife fund................................................................................................................. Off‑road vehicle safety education fund........................................................................................ Off‑road vehicle trail improvement fund...................................................................................... Park improvement fund................................................................................................................ Recreation improvement account................................................................................................. Snowmobile registration fee revenue........................................................................................... Snowmobile trail improvement fund............................................................................................ Sportsmen against hunger fund.................................................................................................... State general fund/general purpose.............................................................................................. $ 29,200 3,356,200 657,100 1,500,000 380,100 7,340,400 700,000 1,500,000 36,004,600 16,884,300 100,000 2,750,000 200,000 1,500,000 1,407,300 29,200 3,356,200 700,000 657,100 380,100 7,340,400 700,000 10,284,000 10,284,000 2,100 1,566,300 23,900 42,000 3,741,400 61,600 33,800 3,300 42,100 2,000 30,600 160,400 22,300 1,341,000 484,200 100 30,500 10,400 21,800 1,358,300 48,900 11,600 74,400 600 1,170,400 1296 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 Sec. 114. CAPITAL OUTLAY (1) RECREATIONAL LANDS AND INFRASTRUCTURE State parks repair and maintenance.............................................................................................. $ State game and wildlife area infrastructure.................................................................................. Forest development infrastructure................................................................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Forest development fund.............................................................................................................. Game and fish protection fund..................................................................................................... Park improvement fund................................................................................................................ Recreation passport fees............................................................................................................... State general fund/general purpose.............................................................................................. $ (2) WATERWAYS BOATING PROGRAM Local boating infrastructure maintenance and improvements...................................................... $ State boating infrastructure maintenance..................................................................................... Munising, Alger County, marina improvements, dock extension, floating pier, revetment wall construction (total authorized cost is increased from $2,894,800 to $3,594,800; federal share is $1,500,000; state share is increased from $437,400 to $787,400; local share is increased from $957,400 to $1,307,400).................................................................................. Harrisville, Alcona County, harbor pier repair, reinforcement and bedecking, construction of boater gathering area, phase I (total authorized cost is $577,900; state share is 492,100; local share is $85,800).............................................................................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Michigan state waterways fund.................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 115. ONE‑TIME BASIS ONLY APPROPRIATIONS Forestry investment...................................................................................................................... $ Invasive species (one‑time).......................................................................................................... Land ownership tracking system.................................................................................................. Forest fire equipment (one‑time).................................................................................................. Fisheries resource management (one‑time).................................................................................. Swimmer’s itch pilot program...................................................................................................... Water trail development................................................................................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal funds................................................................................................................................ Special revenue funds: Forest development fund.............................................................................................................. Game and fish protection fund..................................................................................................... Land exchange facilitation fund................................................................................................... Michigan natural resources trust fund.......................................................................................... Michigan state parks endowment fund......................................................................................... State general fund/general purpose.............................................................................................. $ PART 2 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2016‑2017 13,500,000 3,600,000 2,000,000 19,100,000 2,700,000 2,000,000 900,000 4,000,000 8,000,000 1,500,000 658,000 4,575,000 350,000 492,100 6,075,100 1,075,000 5,000,100 0 2,100,000 1,000,000 4,000,000 1,000,000 600,000 250,000 100,000 9,050,000 100,000 5,100,000 300,000 1,000,000 600,000 300,000 1,650,000 GENERAL SECTIONS Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2016‑2017 is $317,066,400.00 and state spending from state resources to be paid to local units No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1297 of government for fiscal year 2016‑2017 is $6,100,000.00. The itemized statement below identifies appropriations from which spending to local units of government will occur: DEPARTMENT OF NATURAL RESOURCES GRANTS Dam management grant program................................................................................................. $ 175,000 Fisheries habitat improvement grants........................................................................................... 200,000 Grants to counties – marine safety............................................................................................... 1,407,300 Nonmotorized trail development and maintenance grants........................................................... 262,500 Off‑road vehicle safety training grants......................................................................................... 29,200 Off‑road vehicle trail improvement grants................................................................................... 530,100 Recreation improvement fund grants............................................................................................ 65,700 Recreation passport local grants................................................................................................... 1,500,000 Snowmobile law enforcement grants............................................................................................ 380,100 Wildlife habitat improvement grants............................................................................................ 50,000 CAPITAL OUTLAY Waterways boating program......................................................................................................... $ 1,500,100 TOTAL.......................................................................................................................................... $ 6,100,000 Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. Sec. 203. As used in this part and part 1: (a) “Department” means the department of natural resources. (b) “Director” means the director of the department. (c) “FTE” means full‑time equated. (d) “IDG” means interdepartmental grant. Sec. 204. The departments and agencies receiving appropriations in part 1 shall use the Internet to fulfill the reporting requirements of this part. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an Internet or Intranet site. Sec. 205. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses if they are competitively priced and of comparable quality. In addition, preference should be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality. Sec. 206. The director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. The director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both. Sec. 207. The departments and agencies receiving appropriations in part 1 shall prepare a report on out‑of‑state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the senate and house appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information: (a) The dates of each travel occurrence. (b) The total transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues. Sec. 208. Funds appropriated in this part and part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes. Sec. 209. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year‑end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees, and the senate and house fiscal agencies. Sec. 210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $3,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. 1298 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $100,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 211. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following for each department or agency: (a) Fiscal year‑to‑date expenditures by category. (b) Fiscal year‑to‑date expenditures by appropriation unit. (c) Fiscal year‑to‑date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description. (d) The number of active department employees by job classification. (e) Job specifications and wage rates. Sec. 212. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the senate and house appropriations chairs, the senate and house appropriations subcommittees chairs, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2016 and September 30, 2017. Sec. 213. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the agency’s performance. Sec. 214. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2017 are $47,567,500.00. From this amount, total agency appropriations for pension‑related legacy costs are estimated at $26,375,000.00. Total agency appropriations for retiree health care legacy costs are estimated at $21,192,500.00. Sec. 215. Appropriations of state restricted game and fish protection funds have been made in the following amounts to the following departments and agencies: Legislative auditor general............................................................................................................. $ 31,300 Attorney general............................................................................................................................. 751,100 Department of technology, management, and budget.................................................................... 464,500 Department of treasury.................................................................................................................. 2,925,200 Sec. 216. Pursuant to section 43703(3) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.43703, there is appropriated from the game and fish protection trust fund to the game and fish protection account of the Michigan conservation and recreation legacy fund, $6,000,000.00 for the fiscal year ending September 30, 2017. Sec. 218. The department and agencies receiving appropriations in part 1 shall receive and retain copies of all reports funded from appropriations in part 1. Federal and state guidelines for short‑term and long‑term retention of records shall be followed. The department may electronically retain copies of reports unless otherwise required by federal and state guidelines. Sec. 219. Before January 31, 2017, the department, in cooperation with the Michigan state waterways commission, shall provide to the state budget director, the senate and house appropriations subcommittees on natural resources, and the senate and house fiscal agencies a list of projects completed by the commission in fiscal year 2015‑2016, including the county and municipality in which each project is located. Sec. 220. The department shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff. DEPARTMENT INITIATIVES Sec. 251. From the amounts appropriated in part 1 for invasive species prevention and control, the department shall allocate not less than $3,600,000.00 for grants for the prevention, detection, eradication, and control of invasive species. DEPARTMENT SUPPORT SERVICES Sec. 302. The department may charge land acquisition projects appropriated for the fiscal year ending September 30, 2017, and for prior fiscal years, a standard percentage fee to recover actual costs, and may use the revenue derived to support the land acquisition service charges provided for in part 1. Sec. 303. As appropriated in part 1, the department may charge both application fees and transaction fees related to the exchange or sale of state‑owned land or rights in land authorized by part 21 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.2101 to 324.2162. The fees shall be set by the director of the department at a rate which allows the department to recover its costs for providing these services. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1299 COMMUNICATION AND CUSTOMER SERVICES Sec. 404. For the purposes of administering the museum store as provided in section 7a of 1913 PA 271, MCL 399.7a, the department is exempt from section 261 of the management and budget act, 1984 PA 431, MCL 18.1261. Sec. 405. As appropriated in part 1, proceeds in excess of costs incurred in the conduct of auctions, sales, or transfers of artifacts no longer considered suitable for the collections of the state historical museum may be expended upon receipt for additional material for the collection. The department shall notify the chairpersons, vice chairpersons, and minority vice chairpersons of the senate and house appropriations subcommittees on natural resources 1 week prior to any auctions or sales. Any unexpended funds may be carried forward into the next succeeding fiscal year. Sec. 406. As appropriated in part 1, funds collected by the department for historical markers; document reproduction and services; conferences, admissions, workshops, and training classes; and the use of specialized equipment, facilities, exhibits, collections, and software shall be used for expenses necessary to provide the required services. The department may charge fees for the aforementioned services, including admission fees. Any unexpended funds may be carried forward into the next succeeding fiscal year. Sec. 408. By October 21, 2016, the department shall submit to the senate and house appropriations subcommittees on natural resources a report on all land transactions approved by the natural resources commission in the fiscal year ending September 30, 2016. For each land transaction, the report shall include the size of the parcel, the county and municipality in which the parcel is located, the dollar amount of the transaction, the fund source affected by the transaction, and whether the transaction is by purchase, public auction, transfer, exchange, or conveyance. WILDLIFE DIVISION Sec. 503. From the funds appropriated in part 1, the department shall produce a report detailing any efforts undertaken to enforce the invasive species order on swine raised under the husbandry of residents of this state. The report shall include fund sources used and the amount of expenditures and shall be submitted to the legislature by December 31, 2016. Sec. 504. From the funds appropriated in part 1, the department shall provide a report to the legislature on the use of registration fees collected from privately owned cervid operations. Appropriations in part 1 from cervidae licensing and inspection fees shall not be used for anything other than work directly related to the regulation of privately owned cervid operations in this state. Sec. 505. From the funds appropriated in part 1, the department shall develop an urban deer management plan and use it as a basis for discussions with communities to encourage practical, efficient, and science‑based management of urban deer nuisance and public safety concerns. FISHERIES DIVISION Sec. 601. (1) From the appropriation in part 1 for aquatic resource mitigation, not more than $758,000.00 shall be allocated for grants to watershed councils, resource development councils, soil conservation districts, local governmental units, and other nonprofit organizations for stream habitat stabilization and soil erosion control. (2) The fisheries division in the department shall develop priority and cost estimates for all projects recommended for grants under subsection (1). Sec. 602. As a condition of expenditure of fisheries management appropriations under part 1, the department of natural resources shall not impede the certification process for water control structures on Michigan waterways. The department of natural resources shall fund from funds appropriated in part 1 all non‑water‑quality studies or requirements that the department requests of either of the following: (a) The department of environmental quality as a condition for issuance of a certification under section 401 of the federal water pollution control act, 33 USC 1341. (b) The Federal Energy Regulatory Commission as a condition of licensing under the federal power act, 16 USC 791a to 825r. Sec. 603. The department shall provide an annual report to the legislature on use of funding provided for cormorant management. The department shall use general fund/general purpose revenue for this purpose and submit revenue appropriated in part 1 for cormorant management to the United States Department of Agriculture Animal and Plant Health Inspection Service to allow for increased taking of cormorants and their nests. If any funds appropriated for cormorant management are retained by the department, or other funds become available for this purpose, the department shall use those funds to harass cormorants with the goal of reducing foraging attempts on fish populations. PARKS AND RECREATION DIVISION Sec. 706. The department shall work with the state budget office to ensure that the funds appropriated in 2013 PA 102 for the Grand River waterway study continue to be carried forward as a work project under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594, or until the project is complete. FOREST RESOURCES DIVISION Sec. 802. From the funds appropriated in part 1, the department shall provide quarterly reports on the number of acres of state forestland marked or treated for timber harvest to the senate and house appropriations subcommittees on natural resources and the standing committees of the senate and house of representatives with primary responsibility for natural resources issues. The department shall complete and deliver these reports by 45 days after the end of the fiscal quarter. 1300 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Sec. 803. In addition to the money appropriated in part 1, the department may receive and expend money from federal sources to provide response to wildfires as required by a compact with the federal government. If additional expenditure authorization is required, the department shall notify the state budget office that expenditure under this section is required. The department shall notify the house and senate appropriations subcommittees on natural resources and the house and senate fiscal agencies of the expenditures under this section by November 1, 2017. Sec. 807. (1) In addition to the funds appropriated in part 1, there is appropriated from the disaster and emergency contingency fund up to $800,000.00 to cover costs related to any disaster as defined in section 2 of the emergency management act, 1976 PA 390, MCL 30.402. (2) Funds appropriated under subsection (1) shall not be expended unless the state budget director recommends the expenditure and the department notifies the house and senate committees on appropriations. By December 1 each year, the department shall provide a report to the senate and house fiscal agencies and the state budget office on the use of the disaster and emergency contingency fund during the prior fiscal year. (3) If Federal Emergency Management Agency (FEMA) reimbursement is approved for costs paid from the disaster and emergency contingency fund, the federal revenue shall be deposited into the disaster and emergency contingency fund. (4) Unexpended and unencumbered funds remaining in the disaster and emergency contingency fund at the close of the fiscal year shall not lapse to the general fund and shall be carried forward and be available for expenditures in subsequent fiscal years. Sec. 808. (1) From the increased funds appropriated in part 1 for forest management and timber market development, the department shall increase the harvest of timber on state forestlands. The purpose of this program expansion is to expand the forest products economy. (2) The department shall identify specific outcomes and performance metrics for this initiative, such as increasing the number of acres prepared for timber sale. Sec. 809. (1) From the increased funds appropriated in part 1 for forest fire equipment and forestry investment, the department shall increase funding for the replacement of aging forest fire suppression equipment that is in disrepair. The purpose of the program expansion is to promote rapid, reliable response to wildfires to protect life, property, and timber assets. (2) The department shall identify specific outcomes and performance metrics for this initiative, such as reducing average wildfire response time. LAW ENFORCEMENT Sec. 901. The appropriation in part 1 for snowmobile law enforcement grants shall be used by the department to provide grants to county law enforcement agencies to enforce part 821 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82101 to 324.82161, including rules promulgated under that part and ordinances enacted pursuant to that part. The department shall consider the number of enforcement hours and the number of miles of snowmobile trails in each county in allocating these grants. Any funds not distributed to counties revert back to the snowmobile registration fee subaccount created under section 82111 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82111. Counties shall provide semiannual reports to the department on the use of grant money received under this section. Sec. 902. The department shall provide a report on the marine safety grant program to the senate and house appropriations subcommittees on natural resources and the senate and house fiscal agencies by December 1, 2016. The report shall include the following information for the preceding year: the total amount of revenue received for watercraft registrations, the amount deposited into the marine safety fund, and the expenditures made from the marine safety fund, including the amounts expended for department administration, other state agencies, the law enforcement division, and grants to counties. The report shall also include the distribution methodology used by the department to distribute the marine safety grants and a list of the grants and the amounts awarded by county. GRANTS Sec. 1001. Federal pass‑through funds to local institutions and governments that are received in amounts in addition to those included in part 1 for grants to communities ‑ federal oil, gas, and timber payments and that do not require additional state matching funds are appropriated for the purposes intended. By November 30, 2016, the department shall report to the senate and house appropriations subcommittees on natural resources, the senate and house fiscal agencies, and the state budget director on all amounts appropriated under this section during the fiscal year ending September 30, 2016. CAPITAL OUTLAY Sec. 1103. The appropriations in part 1 for capital outlay shall be carried forward at the end of the fiscal year consistent with the provisions of section 248 of the management and budget act, 1984 PA 431, MCL 18.1248. ONE‑TIME BASIS ONLY APPROPRIATIONS Sec. 1201. (1) From the increased funds appropriated in part 1 for forest management and timber market development, the department shall increase the harvest of timber on state forestlands. The purpose of this program expansion is to strategically invest in technology enhancements to expand the growth of the forest products economy. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1301 (2) The department shall identify specific outcomes and performance metrics for this initiative, such as adding online services to increase access to state government. Sec. 1202. (1) From the increased funds appropriated in part 1 for land ownership tracking system, the department shall establish a replacement electronic system to facilitate state land records management. The purpose of this new project is to increase access to public land records and to integrate antiquated systems. (2) The department shall identify specific outcomes and performance metrics for this initiative, such as adding online services to increase access to state government. Sec. 1203. (1) From the increased funds appropriated in part 1 for invasive species prevention and control, the department shall increase funding available for the interdepartmental invasive species program. The purpose of this program expansion is to prevent, detect, eradicate, and control invasive species. (2) The department shall identify specific outcomes and performance metrics for this initiative, such as prevention and mitigation of confirmed cases of silver and bighead carp in Michigan’s waterways. Sec. 1204. The appropriation in part 1 for the swimmer’s itch pilot program shall be distributed to a Michigan‑based nonprofit organization for the purpose of pursuing comprehensive, science‑based swimmer’s itch mitigation and research by appropriately qualified subject matter experts. It is the intent of the legislature that this program continue to receive funding through the fiscal year ending September 30, 2019. ARTICLE XVI DEPARTMENT OF STATE POLICE PART 1 LINE‑ITEM APPROPRIATIONS Sec. 101. There is appropriated for the department of state police for the fiscal year ending September 30, 2017, from the following funds: DEPARTMENT OF STATE POLICE APPROPRIATION SUMMARY Full‑time equated unclassified positions............................................................................. 3.0 Full‑time equated classified positions.......................................................................... 3,226.0 GROSS APPROPRIATION.......................................................................................................... $ 649,476,100 Interdepartmental grant and intradepartmental transfer revenues: Total interdepartmental grants and intradepartmental transfers................................................... 26,580,400 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 622,895,700 Federal revenues: Total federal revenues................................................................................................................... 87,967,800 Special revenue funds: Total local revenues...................................................................................................................... 5,828,500 Total private revenues................................................................................................................... 78,100 Total other state restricted revenues............................................................................................. 126,358,500 State general fund/general purpose.............................................................................................. $ 402,662,800 State general fund/general purpose schedule: Ongoing state general fund/general purpose.......................................................$393,962,800 One‑time state general fund/general purpose........................................................... 8,700,000 Sec. 102. EXECUTIVE DIRECTION AND DEPARTMENTAL SERVICES Full‑time equated unclassified positions............................................................................. 3.0 Full‑time equated classified positions............................................................................. 103.0 Unclassified positions—3.0 FTE positions.................................................................................. $ 600,200 Information technology services and projects.............................................................................. 24,425,900 Departmentwide............................................................................................................................ 38,607,700 Departmental services—46.0 FTE positions................................................................................ 7,001,900 Executive direction—57.0 FTE positions..................................................................................... 8,015,800 GROSS APPROPRIATION.......................................................................................................... $ 78,651,500 Appropriated from: Interdepartmental grant and intradepartmental transfer revenues: Total interdepartmental grants and intradepartmental transfers................................................... 776,500 Federal revenues: Total federal revenues................................................................................................................... 1,328,000 Special revenue funds: Total local revenues...................................................................................................................... 1,133,100 Total other state restricted revenues............................................................................................. 12,619,500 State general fund/general purpose.............................................................................................. $ 62,794,400 1302 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 Sec. 103. LAW ENFORCEMENT SERVICES Full‑time equated classified positions............................................................................. 505.0 Biometrics and identification—51.0 FTE positions..................................................................... $ Criminal justice information center—133.0 FTE positions......................................................... Forensic science—248.0 FTE positions....................................................................................... Grants and community services—17.0 FTE positions................................................................. Training—56.0 FTE positions...................................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant and intradepartmental transfer revenues: Total interdepartmental grants and intradepartmental transfers................................................... Federal revenues: Total federal revenues................................................................................................................... Special revenue funds: Total local revenues...................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 104. MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS Full‑time equated classified positions............................................................................... 18.0 Standards and training/justice training grants—14.0 FTE positions............................................ $ Training only to local units—3.0 FTE positions.......................................................................... Public safety officers benefit program—1.0 FTE position........................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Total federal revenues................................................................................................................... Special revenue funds: Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 105. FIELD SERVICES Full‑time equated classified positions.......................................................................... 2,089.0 Investigative services—150.5 FTE positions................................................................................ $ Secure cities partnership—30.0 FTE positions............................................................................ Roadside saliva testing pilot project............................................................................................. Post operations—1,908.5 FTE positions...................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant and intradepartmental transfer revenues: Total interdepartmental grants and intradepartmental transfers................................................... Federal revenues: Total federal revenues................................................................................................................... Special revenue funds: Total local revenues...................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 106. SPECIALIZED SERVICES Full‑time equated classified positions............................................................................. 511.0 Hazardous materials programs—25.0 FTE positions................................................................... $ Commercial vehicle enforcement and inspections—194.0 FTE positions................................... Commercial vehicle regulation—22.0 FTE positions.................................................................. Emergency management and homeland security—60.0 FTE positions....................................... Highway safety planning—26.0 FTE positions............................................................................ Special operations—183.0 FTE positions.................................................................................... Secondary road patrol program—1.0 FTE position..................................................................... GROSS APPROPRIATION.......................................................................................................... $ 8,145,400 18,485,400 41,556,700 17,584,000 13,030,600 98,802,100 6,216,500 17,261,400 915,300 35,084,000 39,324,900 9,094,500 654,100 151,100 9,899,700 175,700 8,830,700 893,300 28,626,500 7,718,000 100 279,967,400 316,312,000 6,776,800 6,590,000 2,079,000 44,556,900 256,309,300 35,114,400 24,199,100 4,179,600 14,933,800 16,130,000 31,485,900 11,068,000 137,110,800 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1303 For Fiscal Year Ending Sept. 30, 2017 Appropriated from: Interdepartmental grant and intradepartmental transfer revenues: Total interdepartmental grants and intradepartmental transfers................................................... $ Federal revenues: Total federal revenues................................................................................................................... Special revenue funds: Total local revenues...................................................................................................................... Total private revenues................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 107. ONE‑TIME APPROPRIATIONS Trooper recruit school.................................................................................................................. $ Sexual assault prevention and education initiative....................................................................... Advanced 9‑1‑1............................................................................................................................ Michigan International Speedway traffic control......................................................................... School safety initiative................................................................................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ PART 2 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2016‑2017 12,810,600 62,612,700 1,701,100 78,100 25,267,400 34,640,900 3,200,000 500,000 2,200,000 800,000 2,000,000 8,700,000 8,700,000 GENERAL SECTIONS Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2016‑2017 is $529,021,300.00 and state spending from state resources to be paid to local units of government for fiscal year 2016‑2017 is $17,198,900.00. The itemized statement below identifies appropriations from which spending to local units of government will occur: DEPARTMENT OF STATE POLICE Michigan Commission on law enforcement standards............................................................. $ 3,559,700 Specialized services.................................................................................................................. 681,900 Secondary road patrol program................................................................................................ 10,957,300 School safety initiative............................................................................................................. 2,000,000 TOTAL.......................................................................................................................................... $ 17,198,900 Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. Sec. 203. As used in this part and part 1: (a) “CJIS” means Criminal Justice Information Systems. (b) “Core service” means that phrase as defined in section 373 of the management and budget act, 1984 PA 431, MCL 18.1373. (c) “Department” means the department of state police. (d) “Director” means the director of the department. (e) “DNA” means deoxyribonucleic acid. (f) “DTMB” means the department of technology, management, and budget. (g) “MCOLES” means the Michigan commission on law enforcement standards. (h) “Subcommittees” means the subcommittees of the senate and house standing committees on appropriations with jurisdiction over the budget for the department. (i) “Support service” means an activity required to support the ongoing delivery of core services. Sec. 204. The following are the appropriations from part 1 for interdepartmental grant funds received by the department from sources outside the department: $2,858,700.00 from training academy charges; $344,200.00 from the department of corrections contract; $369,900.00 from the department of state; $11,627,600.00 from the department of transportation ‑ state trunkline funds; $6,174,100.00 from casino gaming fees; $689,900.00 from the department of treasury ‑ emergency telephone fund coordinator; and $750,800.00 from the department of treasury ‑ emergency telephone fund operations. Sec. 204a. (1) The following are the appropriations from part 1 for interdepartmental grant funds made from the department to other departments: Attorney general ‑ operations........................................................................................................ $ 257,300 Environmental quality.................................................................................................................... 1,744,500 Military and veterans affairs.......................................................................................................... 101,800 1304 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 DTMB – building occupancy charges............................................................................................ 8,770,100 DTMB – accounting service center............................................................................................... 1,058,500 DTMB – information technology.................................................................................................. 24,425,900 (2) Based on the availability of federal funding and the demonstrated need as indicated by applications submitted to the state court administrative office, the department shall provide $1,500,000.00 in Byrne justice assistance grant program funding to the judiciary by interdepartmental grant. Sec. 206. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $10,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $3,500,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $200,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 207. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following: (a) Fiscal year‑to‑date expenditures by category. (b) Fiscal year‑to‑date expenditures by appropriation unit. (c) Fiscal year‑to‑date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description. (d) The number of active department employees by job classification. (e) Job specifications and wage rates. Sec. 208. The department and agencies receiving appropriations in part 1 shall use the Internet to fulfill the reporting requirements of this part. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an Internet or Intranet site. Sec. 209. Funds appropriated in part 1 and this part shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality. Sec. 210. The director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. The director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services or supplies, or both. Sec. 215. A department or state agency shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff. Sec. 218. The departments and agencies receiving appropriations in part 1 shall prepare a report on out‑of‑state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget director. The report shall include the following information: (a) The dates of each travel occurrence. (b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues. Sec. 219. The department shall provide quarterly reports to the subcommittees, the senate and house fiscal agencies, and the state budget office that provide the following data: (a) A list of major work projects, including the status of each project. (b) The department’s financial status, featuring a report of budgeted versus actual expenditures by part 1 line item including a year‑end projection of budget requirements. If projected department budget requirements exceed the allocated budget, the report shall include a plan to reduce overall expenses while still satisfying specified service level requirements. (c) A report on the performance metrics cited or information required to be reported in this part, reasons for nonachievement of metric targets, and proposed corrective actions. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1305 Sec. 221. The appropriations in part 1 are for the core services, support services, and work projects of the department, including, but not limited to, the following core services: (a) State security operations. (b) Training. (c) Michigan commission on law enforcement standards. (d) Criminal justice information systems. (e) Forensic analysis and biometric identification. (f) General law enforcement and criminal investigations. (g) Special operations. (h) Commercial vehicle regulation and enforcement. (i) Emergency management and homeland security. (j) Highway safety planning. (k) Secondary road patrol program. Sec. 222. The department shall notify the subcommittees, the chairpersons of the senate and house standing committees on appropriations, and the senate and house fiscal agencies not less than 90 days before recommending to close or consolidate any state police posts. The notification shall include a local and state impact study of the proposed post closure or consolidation. Sec. 223. At least 90 days before beginning any effort to privatize, the department shall submit a complete project plan to the subcommittees and the senate and house fiscal agencies. The plan shall include the criteria under which the privatization initiative will be evaluated. The evaluation shall be completed and submitted to the subcommittees and the senate and house fiscal agencies within 30 months. Sec. 224. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those outside services that the attorney general authorizes. Sec. 226. (1) When the department provides contractual services to a local unit of government, the department shall be reimbursed for all costs incurred in providing the services, including, but not limited to, retirement and overtime costs. (2) The department shall define service cost models for those services requiring reimbursement. (3) Contractual services provided to an entity other than a local unit of government may be provided by department personnel, but only on an overtime basis outside the normal work schedule of the personnel. (4) This section does not apply to services provided to state agencies. Sec. 228. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriations lapses at the close of the prior fiscal year. This report shall summarize the projected year‑end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house appropriations committees, the subcommittees, and the senate and house fiscal agencies. Sec. 229. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the senate and house appropriations chairs, the subcommittees, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2016 and September 30, 2017. Sec. 230. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the department’s performance. Sec. 232. The department shall serve as an active liaison between the DTMB and state, local, regional, and federal public safety agencies on matters pertaining to the Michigan public safety communications system and shall report user issues to the DTMB. Sec. 233. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2017 are $133,307,100.00. From this amount, total agency appropriations for pension‑related legacy costs are estimated at $71,007,700.00. Total agency appropriations for retiree health care legacy costs are estimated at $62,299,400.00. Sec. 238. Money privately donated to the department is appropriated under part 1 to be used for the purposes designated by the donor of the money, if specified. Sec. 241. (1) Federal revenues authorized by and available from the federal government in excess of the appropriation in part 1 are appropriated and may be received and expended by the department for purposes authorized under state law and subject to federal requirements. (2) The department shall notify the subcommittees and fiscal agencies prior to expending federal revenues received and appropriated under subsection (1). EXECUTIVE DIRECTION AND DEPARTMENTAL SERVICES Sec. 301. (1) The department shall provide security services at the State Capitol Complex facilities and the State Secondary Complex as provided under section 6c of 1935 PA 59, MCL 28.6c. 1306 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (2) The department shall maintain the staff and resources necessary to respond to emergencies at the State Capitol Complex, State Secondary Complex, House Office Building, Farnum Building, Capitol parking lot, Townsend Parking Ramp, the Roosevelt Parking Ramp, and other areas as directed. (3) The department may develop a phased approach for improving security at the Capitol Building. (4) The department shall maintain a goal of annually conducting 35,000 property inspections of state owned and leased facilities. LAW ENFORCEMENT SERVICES Sec. 401. (1) The department shall maintain the staffing and resources necessary to exercise the authority, powers, functions, and responsibilities concerning the development and delivery of professional, innovative, and quality training that supports the enforcement and public safety efforts of the criminal justice community. (2) The department shall provide performance data as provided under section 219 for average classroom occupancy rate, with an annual goal of at least 55%. (3) The department shall submit a report to the subcommittees and the senate and house fiscal agencies within 60 days of the conclusion of any trooper, motor carrier, or state properties security recruit school. The report shall include the following: (a) The number of veterans and the number of MCOLES‑certified police officers who were admitted to and the number who graduated from the recruit school. (b) The total number of recruits who were admitted to the school, the number of recruits who graduated from the school, and the location at which each of these recruits is assigned. (4) The department shall distribute and review course evaluations to ensure that quality training is provided. Sec. 402. (1) In accordance with applicable state and federal laws and regulations, the department shall maintain and ensure compliance with CJIS databases and applications in the support of public safety and law enforcement communities. (2) The department shall improve the accuracy, timeliness, and completeness of criminal history information by conducting a minimum of 30 outreach activities targeted to criminal justice agencies. (3) The department shall provide for the compilation of crime statistics consistent with the uniform crime reporting (UCR) program and the national incident‑based report system (NIBRS). (4) The department shall provide for the compilation and evaluation of traffic crash reports and the maintenance of the state accident data collection system. (5) The department shall make traffic crash information available to the public at a reasonable cost. For bulk access to the accident records in which the vehicle identification number has been collected and computerized, the department shall make those records available to the public at cost, provided that the name and address have been excluded. (6) In accordance with applicable state and federal laws and regulations, the department shall provide for the maintenance and dissemination of criminal history records and juvenile records, including to the extent necessary to exchange criminal history records information with the Federal Bureau of Investigation and other states through the interstate identification index, the National Crime Information Center, and other federal CJIS databases and indices. (7) In accordance with applicable state and federal laws, the department shall provide for the maintenance of records, including criminal history records regarding firearms licensure. (8) The department shall provide to the legislature a report on concealed pistol licensing not later than December 1, 2017 that includes all of the following: (a) The department’s actual revenue received from fees paid for concealed pistol license (CPL) applications for fiscal year 2016‑2017 and the uses of that revenue. (b) The department’s fiscal year 2016‑2017 costs for administering its concealed pistol licensing responsibilities under 1927 PA 372, MCL 28.421 to 28.435, but not including costs related to the administration of other state statutes, or requirements of federal law. (9) The department shall maintain the staff and resources necessary to maintain the sex offender registry and enforce the registration requirements as provided by law. (10) The department shall provide information on the number of background checks processed through the Internet criminal history access tool (ICHAT) as provided in section 219. (11) The following unexpended and unencumbered revenues deposited into the criminal justice information service fee fund shall not lapse to the general fund, but shall be carried forward into the subsequent fiscal year: (a) Fees for fingerprinting and criminal record checks and name‑based criminal record checks pursuant to 1935 PA 120, MCL 28.271 to 28.273. (b) Fees for application and licensing for initial and renewal concealed pistol licenses pursuant to 1927 PA 372, MCL 28.421 to 28.435. (c) Fees for searching, copying, and providing public records pursuant to the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246. (d) Revenue from other sources, including, but not limited to, investment and interest earnings. (12) Unexpended and unencumbered revenue generated by state records management system fees shall not lapse to the general fund, but shall be carried forward into the subsequent fiscal year. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1307 Sec. 403. (1) The department shall provide forensic testing services to aid in criminal investigations. (2) The department shall ensure its ability to maintain accreditation by the American Society of Crime Laboratory Directors/Laboratory Accreditation Board (ASCLD/LAB), or other federally designated accrediting agency, as provided under 42 USC 14132. (3) The department shall provide forensic science services with an average turnaround time of 55 days, assuming an annual caseload volume commensurate with that received in fiscal year 2012‑2013, and shall achieve a goal of a 30‑day average turnaround time across all forensic science disciplines by December 31, 2017. (4) The department shall provide the following data as provided in section 219: (a) The average turnaround time for processing forensic evidence across all disciplines. (b) Forensic laboratory staffing levels, including scientists in training, and vacancies. (c) The number of backlogged cases in each discipline. (5) The department shall maintain the staffing and resources necessary to provide forensic laboratory services with a goal of decreasing firearms backlog annually until the department maintains a 30‑day turnaround time across all disciplines. (6) The department shall maintain the staffing and resources necessary to provide forensic laboratory services with a goal of decreasing toxicology backlog annually until the department maintains a 30‑day turnaround time across all disciplines. (7) The department shall provide for the forensic testing and analysis/profiling of DNA evidence to aid criminal investigations by law enforcement agencies in this state. (8) If changes are made to the department’s protocol for retaining and purging DNA analysis samples and records, the department shall post a copy of the protocol changes on the department’s website. (9) The department shall maintain the staffing and resources necessary to provide DNA analysis services with a goal of decreasing backlogs of biology/DNA cases annually until the department maintains a 30‑day turnaround time across all disciplines. Sec. 404. (1) The biometrics and identification division shall house and manage the automated fingerprint identification system, the statewide network of agency photographs, and combined offender DNA index system biometric databases. (2) The department shall provide data on the number of 10‑print and palm‑print submissions to the database, with a goal of at least 97% of submissions provided electronically as provided in section 219. (3) The department shall maintain the staffing and resources necessary to have a 28‑day average wait time for scheduling a polygraph examination, assuming an annual caseload received commensurate with fiscal year 2012‑2013, with a goal of achieving a 15‑day average wait time. Sec. 405. Not later than October 31 of the subsequent fiscal year, the department shall submit a report to the subcommittees and senate and house fiscal agencies that includes, but is not limited to, all of the following information: (a) Sexual assault kit analysis backlog at the beginning of the current fiscal year. (b) The number of sexual assault kits collected or submitted for analysis during the current fiscal year. (c) The number of sexual assault kits analyzed and the number of associated DNA profiles created and uploaded during the current fiscal year. (d) Sexual assault kit analysis backlog at the ending of the current fiscal year. (e) The average turnaround time to analyze sexual assault kits and to create and upload associated DNA profiles for the current fiscal year. Sec. 406. The department shall provide administrative support for the following grant and community service programs: (a) The operations of the automobile theft prevention authority. (b) Administration of the Edward Byrne memorial justice assistance program and other grant programs as well as the department’s community policing efforts. (c) Oversight and administration of 9‑1‑1 operations statewide. MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS Sec. 501. (1) MCOLES shall maintain the staffing and resources necessary to exercise the authority, powers, functions, and responsibilities necessary to establish standards for the selection, employment, training, education, licensing, and revocation of all law enforcement officers and provide the basic law enforcement training curriculum for law enforcement training academy programs statewide. (2) MCOLES shall maintain staffing and resources necessary to update law enforcement standards within 120 days of the enactment date of any new legislation. FIELD SERVICES Sec. 601. (1) Department enlisted personnel who are employed to enforce traffic laws as provided in section 629e of the Michigan vehicle code, 1949 PA 300, MCL 257.629e, shall not be prohibited from responding to crimes in progress or other emergency situations and are responsible for making every effort to protect all residents of this state. (2) The department shall maintain the staffing and resources necessary to continually work to enhance traffic safety throughout this state and shall dedicate a minimum of 400,000 hours to statewide patrol, of which a minimum of 40,000 shall be committed to distressed cities in this state, and 4,000 shall be committed to Belle Isle. The department shall 1308 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 work to improve public safety efforts within distressed cities by enhancing data analysis capabilities and identifying crime trends and areas with high occurrence of crime. (3) The department shall maintain the staffing and resources necessary to perform activities to maintain a 93% compliance rate for reporting by registered sex offenders. (4) The department shall submit a report on or before December 1 to the subcommittees and senate and house fiscal agencies regarding the secure cities partnership during the prior fiscal year. Sec. 602. (1) The department shall identify and apprehend criminals through criminal investigations in this state. (2) The department shall maintain the staffing and resources necessary to provide a comparable number of hours investigating crimes as those performed in fiscal year 2012‑2013. (3) The department shall maintain the staffing and resources necessary to annually meet or exceed a case clearance rate of 62%. (4) The department shall annually provide 4 training opportunities to local law enforcement partners with the goal of increasing their knowledge of gambling laws, trends, legal issues, and opioid‑related investigations. (5) The department shall maintain the staffing and resources necessary to increase the number of opioid‑related inves­tiga­tions by 20% above the number of such investigations conducted in the 2014‑2015 fiscal year conducted by multijurisdictional task forces and hometown security teams. The department shall work to enhance investigative and drug interdiction efforts by enhancing data analysis capabilities and linking investigations among multijurisdictional task forces and hometown security teams. Sec. 603. (1) The department shall provide protection to this state, its economy, welfare, and vital state‑sponsored programs through the prevention and suppression of organized smuggling of untaxed tobacco products in the state, through enforcement of the tobacco products tax act, 1993 PA 327, MCL 205.421 to 205.436, and other laws pertaining to combating criminal activity in this state, by maintaining a tobacco tax enforcement unit. (2) The department shall submit an annual report on December 1 to the subcommittees, the senate and house appropriations subcommittees on general government, the senate and house fiscal agencies, and the state budget office that details expenditures and activities related to tobacco tax enforcement for the prior fiscal year. (3) The tobacco tax enforcement unit shall dedicate a minimum of 16,600 hours to tobacco tax enforcement. Sec. 604. (1) The department shall provide fire investigation services to citizens of this state through training and investigative assistance to public safety agencies in this state. (2) The department shall maintain the staffing and resources necessary to maintain readiness to respond appropriately to at least the number of requests for fire investigation services that occurred in fiscal year 2010‑2011 and shall be available for call out statewide 100% of the time. SPECIALIZED SERVICES Sec. 701. (1) The department shall provide specialized services in support of, and to enhance, local, state, and federal law enforcement operations within this state in accordance with all applicable state and federal laws and regulations. (2) The department shall operate the Michigan intelligence operation center for homeland security as the state’s primary federally designated fusion center to receive, analyze, gather, and disseminate threat‑related information among federal, state, local, tribal, and private sector partners. (3) The department shall ensure public safety by providing public and private sector partners with timely and accurate information regarding critical information key resource threats as reported to or discovered by the Michigan intelligence operations center for homeland security and shall increase public awareness on how to report suspicious activity through website or telephone communications. (4) The department shall maintain the staffing and resources necessary to provide training to maintain readiness to respond appropriately to at least the number of requests for specialty services which occurred in fiscal year 2010‑2011. (5) The canine unit shall be available for call out statewide 100% of the time. (6) The bomb squad unit shall be available for call out statewide 100% of the time. (7) The emergency support teams shall be available for call out statewide 100% of the time. (8) The underwater recovery unit shall be available for call out statewide 100% of the time. (9) Aviation services shall be available for call out statewide 100% of the time, unless prohibited by weather or unexpected mechanical breakdowns. (10) The department shall maintain the staffing and resources necessary to support the cyber section, including the Michigan cyber command center, the computer crimes unit, and the Internet crimes against children task force. The department shall maintain the staffing and resources necessary to increase the number of cases completed by the computer crimes unit by 20% above the number of cases completed in the 2014‑2015 fiscal year. The unit shall pursue process improvement initiatives to effectively utilize staff resources in providing investigatory assistance and evidentiary analysis for law enforcement and criminal justice agencies statewide. Sec. 702. (1) The department shall maintain commercial vehicle regulation, school bus inspections, and enforcement activities, including enforcement of requirements concerning size, weight, and load restrictions; operating authority; registration; fuel taxes; transportation of hazardous materials; operations of new entrants; and commercial driver’s licenses. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1309 (2) The department shall maintain the staffing and resources necessary to meet inspection goals consistent with the department’s federal motor carrier assistance program activities. (3) Revenue collected under the motor carrier act, 1933 PA 254, MCL 475.1 to 479.42, shall be expended in accordance with that act. Unexpended and unencumbered revenues shall not lapse to the general fund but shall be carried forward into the subsequent fiscal year. Sec. 703. (1) The department shall coordinate the mitigation, preparation, response, and recovery activities of municipal, county, state, and federal governments, and other governmental entities, for all hazards, disasters, and emergencies. (2) The state director of emergency management may expend money appropriated under part 1 to call upon any agency or department of the state or any resource of the state to protect life or property or to provide for the health or safety of the population in any area of the state in which the governor proclaims a state of emergency or state of disaster under 1945 PA 302, MCL 10.31 to 10.33, or under the emergency management act, 1976 PA 390, MCL 30.401 to 30.421. The state director of emergency management may expend the amounts the director considers necessary to accomplish these purposes. The director shall submit to the state budget director as soon as possible a complete report of all actions taken under the authority of this section. The report shall contain, as a separate item, a statement of all money expended that is not reimbursable from federal money. The state budget director shall review the expenditures and submit recommendations to the legislature in regard to any possible need for a supplemental appropriation. (3) In addition to the money appropriated in part 1, the department may receive and expend money from local, private, federal, or state sources for the purpose of providing emergency management training to local or private interests and for the purpose of supporting emergency preparedness, response, recovery, and mitigation activity. If additional expenditure authorization in the Michigan administrative information network is approved by the state budget office under this section, the department and the state budget office shall notify the subcommittees and the senate and house fiscal agencies within 10 days after the approval. The notification shall include the amount and source and the additional authorization, the date of its approval, and the projected use of funds to be expended under the authorization. (4) The department shall foster, promote, and maintain partnerships to protect this state and homeland from all hazards. (5) The department shall maintain the staffing and resources necessary to do all of the following: (a) Serve approximately 105 local emergency management preparedness programs and 88 local emergency planning committees in this state. (b) Operate and maintain the state’s emergency operations center and provide command and control in support of emergency response services. (c) Maintain readiness, including training and equipment to respond to civil disorders and natural disasters commensurate with the capabilities of fiscal year 2010‑2011. (d) Perform hazardous materials response training. (6) The department shall conduct a minimum of 3 training sessions to enhance safe response in the event of natural or manmade incidents, emergencies, or disasters. (7) In addition to the funds appropriated in part 1, there is appropriated from the disaster and emergency contingency fund an amount necessary to cover costs related to any disaster or emergency as defined in the emergency management act, 1976 PA 390, MCL 30.401 to 30.421. Funds shall be expended as provided under sections 18 and 19 of the emergency management act, 1976 PA 390, MCL 30.418 and 30.419, and R 30.51 to R 30.61 of the Michigan administrative code. (8) Funds in the disaster and emergency contingency fund shall not be expended unless the state budget director approves the expenditure and the department and the state budget office notify the senate and house appropriations committees. If expenditures are made from the disaster and emergency contingency fund during a month, the department shall submit monthly reports to the house and senate fiscal agencies detailing the purpose of the expenditures. These monthly reports shall be submitted within 30 days after the end of the month during which funds from the disaster and emergency contingency fund were expended. (9) Upon the declaration of a state of emergency or disaster by the governor pursuant to section 3 of the emergency management act, 1976 PA 390, MCL 30.403, approval of the state budget director, and notification of the subcommittees and house and senate fiscal agencies, the director may expend funds appropriated from any source to any line item within part 1 for the purpose of paying the necessary and reasonable expenses incurred by the department in responding to or mitigating the effects of any emergency or disaster as those terms are defined in section 2 of the emergency management act, 1976 PA 390, MCL 30.402. Sec. 704. The department shall provide for the planning, administration, and implementation of highway traffic safety programs to save lives and reduce injuries on Michigan roads in partnership with other public and private organizations. SECONDARY ROAD PATROL PROGRAM Sec. 801. (1) The department shall provide funding to county sheriff departments to patrol secondary roads. (2) The sheriffs’ duties under the secondary road patrol program, as outlined in section 76(2) of 1846 RS 14, MCL 51.76, are to patrol and monitor traffic violations; to enforce the criminal laws of this state, violations of which are observed by or brought to the attention of the sheriff’s department while patrolling and monitoring secondary roads; to investigate accidents involving motor vehicles; and to provide emergency assistance to persons on or near a highway or road the sheriff is patrolling and monitoring. 1310 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (3) The department shall provide the following information on secondary road patrol activities supported by appro­ priations in part 1, as provided in section 219: (a) The number of funded full‑time equivalent county sheriff secondary road patrol deputies. (b) The number of hours dedicated to patrol under the secondary road patrol program, with an annual goal of at least 178,000 hours. (4) The information required to be reported under subsection (3) shall be reported on an annual basis. ONE‑TIME APPROPRIATIONS Sec. 901. (1) Funding appropriated in part 1 for the school safety initiative shall be used to provide and administer competitive grants to public or nonpublic schools, school districts, and intermediate school districts to purchase technology and equipment and to conduct assessments to improve the safety and security of school buildings, students, and staff. (2) The department shall issue grant guidance and application materials including required performance measures no later than November 1, 2016 and shall issue awards no later than February 28, 2017. (3) The department shall report on grant activities to the subcommittees and the state budget office by December 1, 2017, including performance outcomes as identified in individual grant agreements. Sec. 902. (1) Funding provided in part 1 for the sexual assault prevention and education initiative shall be used to provide and administer grants to public or nonpublic community colleges, colleges, and universities with a physical presence in the state to address campus sexual assault issues to improve the safety and security of students, faculty, and staff in campus environments in the state. (2) Grant funds awarded shall support sexual assault programs, including education, awareness, prevention, reporting, and bystander intervention programs. (3) The department shall issue awards no later than December 1, 2016, with a grant period of 1 year. (4) The department shall report on grant activities to the subcommittees and the state budget office by February 28, 2018. (5) Unexpended and appropriations in part 1 for the sexual assault prevention and education initiative are designated as work project appropriations. Any unencumbered or unallotted funds at the end of the fiscal year shall be carried forward into the succeeding fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the project is to provide grants for sexual assault education, awareness, prevention, reporting, and bystander intervention programs. (b) The project will be accomplished by grants to eligible community colleges, colleges, and universities. (c) The total estimated cost of the project is $500,000.00. (d) The estimated completion date is September 30, 2018. Sec. 903. Funding appropriated in part 1 for advanced 9‑1‑1 shall be used to support the costs for the administration and initial implementation of a supplemental 9‑1‑1 database that allows public safety answering points to view voluntarily disclosed information relevant to the 9‑1‑1 caller, including information on properties and household members, that would assist first responders in providing emergency services to the caller. The implementation of the database among public safety answering points and the funding for this purpose shall be overseen and administered by the office of the state 9‑1‑1 coordinator. Funds shall be payable by the office to a vendor based upon the number of public safety answering points implementing a supplemental database. Public safety answering points choosing to implement a supplemental database shall begin implementation by not later than October 1, 2018 to be eligible for funds provided under this section. Funds appropriated for advanced 9‑1‑1 shall be considered a work project, and unexpended and unencumbered funds shall be carried forward into the subsequent fiscal year. PART 2A PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS FOR FISCAL YEAR 2017‑2018 GENERAL SECTIONS Sec. 1201. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2018 for the line items listed in part 1. The fiscal year 2017‑2018 appropriations are anticipated to be the same as those for fiscal year 2016‑2017, excluding appropriations designated as one‑time appropriations and adjusting for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2017 consensus revenue estimating conference. ARTICLE XVII STATE TRANSPORTATION DEPARTMENT PART 1 LINE‑ITEM APPROPRIATIONS Sec. 101. There is appropriated for the state transportation department for the fiscal year ending September 30, 2017, from the following funds: STATE TRANSPORTATION DEPARTMENT APPROPRIATION SUMMARY Full‑time equated unclassified positions............................................................................. 6.0 Full‑time equated classified positions.......................................................................... 2,912.3 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1311 For Fiscal Year Ending Sept. 30, 2017 GROSS APPROPRIATION.......................................................................................................... $ 4,114,503,600 Total interdepartmental grants and intradepartmental transfers................................................... 4,013,400 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 4,110,490,200 Federal revenues: Federal aid – transportation programs.......................................................................................... 1,314,744,000 Total federal revenues................................................................................................................... 1,314,744,000 Special revenue funds: Local revenues.............................................................................................................................. 50,418,500 Private revenues............................................................................................................................ 100,000 Total local and private revenues................................................................................................... 50,518,500 Blue Water Bridge fund................................................................................................................ 42,450,200 Comprehensive transportation fund.............................................................................................. 320,500,700 Economic development fund........................................................................................................ 36,475,000 IRS debt service rebate................................................................................................................ 7,011,800 Intercity bus equipment fund........................................................................................................ 100,000 Local bridge fund......................................................................................................................... 29,875,100 Michigan transportation fund....................................................................................................... 1,333,620,100 Qualified airport fund................................................................................................................... 8,775,000 Rail freight fund........................................................................................................................... 6,000,000 State aeronautics fund.................................................................................................................. 20,238,200 State trunkline fund...................................................................................................................... 931,681,600 Total other state restricted revenues............................................................................................. 2,736,727,700 State general fund/general purpose.............................................................................................. $ 8,500,000 State general fund/general purpose schedule: Ongoing state general fund/general purpose.......................................................................... 0 One‑time state general fund/general purpose........................................................... 8,500,000 Sec. 102. DEBT SERVICE State trunkline.............................................................................................................................. $ 194,076,400 Economic development................................................................................................................. 11,612,200 Local bridge fund......................................................................................................................... 2,406,500 Blue Water Bridge fund................................................................................................................ 6,963,900 Airport safety and protection plan............................................................................................... 4,616,400 Comprehensive transportation...................................................................................................... 18,249,900 GROSS APPROPRIATION.......................................................................................................... $ 237,925,300 Appropriated from: Federal revenues: Federal aid – transportation programs.......................................................................................... 45,767,900 Special revenue funds: Blue Water Bridge fund................................................................................................................ 6,963,900 Comprehensive transportation fund.............................................................................................. 18,249,900 Economic development fund........................................................................................................ 11,612,200 IRS debt service rebate................................................................................................................ 7,011,800 Local bridge fund......................................................................................................................... 2,406,500 State aeronautics fund.................................................................................................................. 4,616,400 State trunkline fund...................................................................................................................... 141,296,700 State general fund/general purpose.............................................................................................. $ 0 Sec. 103. COLLECTION, ENFORCEMENT, AND OTHER AGENCY SUPPORT SERVICES MTF grant to department of environmental quality..................................................................... $ 1,335,100 MTF grant to department of state for collection of revenue and fees......................................... 20,000,000 MTF grant to department of treasury........................................................................................... 2,684,100 MTF grant to legislative auditor general...................................................................................... 315,800 STF grant to department of attorney general............................................................................... 2,429,200 STF grant to civil service commission......................................................................................... 5,847,000 STF grant to department of technology, management, and budget.............................................. 1,226,000 STF grant to department of state police....................................................................................... 11,627,600 1312 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 STF grant to department of treasury............................................................................................ $ STF grant to legislative auditor general....................................................................................... SAF grant to department of attorney general............................................................................... SAF grant to civil service commission........................................................................................ SAF grant to department of technology, management, and budget............................................. SAF grant to department of treasury............................................................................................ SAF grant to legislative auditor general....................................................................................... CTF grant to department of attorney general............................................................................... CTF grant to civil service commission........................................................................................ CTF grant to department of technology, management, and budget............................................. CTF grant to department of treasury............................................................................................ CTF grant to legislative auditor general....................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Comprehensive transportation fund.............................................................................................. Michigan transportation fund....................................................................................................... State aeronautics fund.................................................................................................................. State trunkline fund...................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 104. EXECUTIVE DIRECTION Full‑time equated unclassified positions............................................................................. 6.0 Full‑time equated classified positions............................................................................... 29.3 Unclassified salaries..................................................................................................................... $ Asset management council........................................................................................................... Commission audit—29.3 FTE positions....................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Michigan transportation fund....................................................................................................... State trunkline fund...................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 105. BUSINESS SUPPORT Full‑time equated classified positions............................................................................... 54.0 Business support services—44.0 FTE positions........................................................................... $ Economic development and enhancement programs—10.0 FTE positions.................................. Property management................................................................................................................... Worker’s compensation................................................................................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Comprehensive transportation fund.............................................................................................. Economic development fund........................................................................................................ Michigan transportation fund....................................................................................................... State aeronautics fund.................................................................................................................. State trunkline fund...................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 106. INFORMATION TECHNOLOGY Information technology services and projects.............................................................................. $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal aid – transportation programs.......................................................................................... Special revenue funds: Blue Water Bridge fund................................................................................................................ Comprehensive transportation fund.............................................................................................. 157,900 733,500 177,600 150,000 33,500 73,900 30,300 204,500 200,000 42,200 13,500 39,000 47,320,700 499,200 24,335,000 465,300 22,021,200 0 754,000 1,626,400 3,335,900 5,716,300 1,626,400 4,089,900 0 6,756,100 1,633,200 7,112,200 1,711,200 17,212,700 1,835,100 378,100 801,100 752,100 13,446,300 0 32,364,500 32,364,500 520,500 55,100 224,400 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1313 For Fiscal Year Ending Sept. 30, 2017 Economic development fund........................................................................................................ $ 37,200 Michigan transportation fund....................................................................................................... 293,300 State aeronautics fund.................................................................................................................. 175,100 State trunkline fund...................................................................................................................... 31,058,900 State general fund/general purpose.............................................................................................. $ 0 Sec. 107. FINANCE, CONTRACTS, AND SUPPORT SERVICES Full‑time equated classified positions............................................................................. 186.0 Finance, contracts, and support services—186.0 FTE positions.................................................. $ 21,791,700 GROSS APPROPRIATION.......................................................................................................... $ 21,791,700 Appropriated from: Interdepartmental grant revenues: IDG for accounting service center user charges.......................................................................... 4,013,400 Special revenue funds: Michigan transportation fund....................................................................................................... 1,621,700 State trunkline fund...................................................................................................................... 16,156,600 State general fund/general purpose.............................................................................................. $ 0 Sec. 108. TRANSPORTATION PLANNING Full‑time equated classified positions............................................................................. 140.0 Planning services—140.0 FTE positions...................................................................................... $ 38,481,100 Grants to regional planning councils............................................................................................ 488,800 GROSS APPROPRIATION.......................................................................................................... $ 38,969,900 Appropriated from: Federal revenues: Federal aid – transportation programs.......................................................................................... 19,250,000 Special revenue funds: Comprehensive transportation fund.............................................................................................. 610,500 Michigan transportation fund....................................................................................................... 9,571,400 State aeronautics fund.................................................................................................................. 15,000 State trunkline fund...................................................................................................................... 9,523,000 State general fund/general purpose.............................................................................................. $ 0 Sec. 109. DESIGN AND ENGINEERING SERVICES Full‑time equated classified positions.......................................................................... 1,589.3 Program development, delivery, and systems operations—1,539.3 FTE positions...................... $ 166,199,900 Welcome center operations—50.0 FTE positions........................................................................ 4,532,800 GROSS APPROPRIATION.......................................................................................................... $ 170,732,700 Appropriated from: Federal revenues: Federal aid – transportation programs.......................................................................................... 23,529,800 Special revenue funds: Michigan transportation fund....................................................................................................... 12,246,000 State trunkline fund...................................................................................................................... 134,956,900 State general fund/general purpose.............................................................................................. $ 0 Sec. 110. HIGHWAY MAINTENANCE Full‑time equated classified positions............................................................................. 743.7 State trunkline operations—743.7 FTE positions......................................................................... $ 303,948,000 GROSS APPROPRIATION.......................................................................................................... $ 303,948,000 Appropriated from: Special revenue funds: State trunkline fund...................................................................................................................... 303,948,000 State general fund/general purpose.............................................................................................. $ 0 Sec. 111. ROAD AND BRIDGE PROGRAMS State trunkline federal aid and road and bridge construction...................................................... $ 1,068,176,900 Local federal aid and road and bridge construction..................................................................... 272,511,000 Grants to local programs.............................................................................................................. 33,000,000 Rail grade crossing....................................................................................................................... 3,000,000 Rail grade crossing ‑ surface improvements................................................................................ 3,000,000 1314 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 Local bridge program................................................................................................................... $ 27,468,600 County road commissions............................................................................................................ 797,470,600 Cities and villages........................................................................................................................ 444,625,500 GROSS APPROPRIATION.......................................................................................................... $ 2,649,252,600 Appropriated from: Federal revenues: Federal aid – transportation programs.......................................................................................... 1,030,225,800 Special revenue funds: Local funds................................................................................................................................... 30,000,000 Blue Water Bridge fund................................................................................................................ 28,998,100 Local bridge fund......................................................................................................................... 27,468,600 Michigan transportation fund....................................................................................................... 1,281,096,100 State trunkline fund...................................................................................................................... 251,464,000 State general fund/general purpose.............................................................................................. $ 0 Sec. 112. BLUE WATER BRIDGE Full‑time equated classified positions............................................................................... 41.0 Blue Water Bridge operations—41.0 FTE positions.................................................................... $ 6,433,100 GROSS APPROPRIATION.......................................................................................................... $ 6,433,100 Appropriated from: Special revenue funds: Blue Water Bridge fund................................................................................................................ 6,433,100 State general fund/general purpose.............................................................................................. $ 0 Sec. 113. TRANSPORTATION ECONOMIC DEVELOPMENT Forest roads.................................................................................................................................. $ 5,000,000 Rural county urban system........................................................................................................... 2,500,000 Target industries/economic redevelopment................................................................................... 623,700 Urban county congestion.............................................................................................................. 8,161,900 Rural county primary................................................................................................................... 8,161,900 GROSS APPROPRIATION.......................................................................................................... $ 24,447,500 Appropriated from: Special revenue funds: Economic development fund........................................................................................................ 24,447,500 State general fund/general purpose.............................................................................................. $ 0 Sec. 114. AERONAUTICS SERVICES Full‑time equated classified positions............................................................................... 54.0 Aviation services—54.0 FTE positions........................................................................................ $ 7,648,800 Air service program...................................................................................................................... 250,000 GROSS APPROPRIATION.......................................................................................................... $ 7,898,800 Appropriated from: Special revenue funds: State aeronautics fund.................................................................................................................. 7,898,800 State general fund/general purpose.............................................................................................. $ 0 Sec. 115. PUBLIC TRANSPORTATION SERVICES Full‑time equated classified positions............................................................................... 36.0 Passenger transportation services—36.0 FTE positions............................................................... $ 5,740,500 GROSS APPROPRIATION.......................................................................................................... $ 5,740,500 Appropriated from: Federal revenues: Federal aid – transportation programs.......................................................................................... 972,100 Special revenue funds: Comprehensive transportation fund.............................................................................................. 4,768,400 State general fund/general purpose.............................................................................................. $ 0 Sec. 116. BUS TRANSIT DIVISION: STATUTORY OPERATING Local bus operating...................................................................................................................... $ 186,250,000 Nonurban operating/capital.......................................................................................................... 26,027,900 GROSS APPROPRIATION.......................................................................................................... $ 212,277,900 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1315 For Fiscal Year Ending Sept. 30, 2017 Appropriated from: Federal revenues: Federal aid – transportation programs.......................................................................................... $ Special revenue funds: Local funds................................................................................................................................... Comprehensive transportation fund.............................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 117. INTERCITY PASSENGER Full‑time equated classified positions............................................................................... 39.0 Office of rail—39.0 FTE positions............................................................................................... $ Freight property management....................................................................................................... Detroit/Wayne County Port Authority.......................................................................................... Intercity services.......................................................................................................................... Rail operations and infrastructure................................................................................................ Marine passenger service............................................................................................................. Terminal development.................................................................................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal aid – transportation programs.......................................................................................... Special revenue funds: Local funds................................................................................................................................... Private funds................................................................................................................................. Comprehensive transportation fund.............................................................................................. Intercity bus equipment fund........................................................................................................ Michigan transportation fund....................................................................................................... Rail freight fund........................................................................................................................... State trunkline fund...................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 118. PUBLIC TRANSPORTATION DEVELOPMENT Specialized services...................................................................................................................... $ Municipal credit program............................................................................................................. Transit capital............................................................................................................................... Van pooling.................................................................................................................................. Service initiatives......................................................................................................................... Transportation to work................................................................................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal aid – transportation programs.......................................................................................... Special revenue funds: Local funds................................................................................................................................... Comprehensive transportation fund.............................................................................................. State general fund/general purpose.............................................................................................. $ Sec. 119. CAPITAL OUTLAY (1) BUILDINGS AND FACILITIES Special maintenance, remodeling, and additions.......................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State trunkline fund...................................................................................................................... State general fund/general purpose.............................................................................................. $ (2) AIRPORT IMPROVEMENT PROGRAMS Airport safety, protection and improvement program.................................................................. $ Detroit Metropolitan Wayne County Airport............................................................................... GROSS APPROPRIATION.......................................................................................................... $ 24,027,900 2,000,000 186,250,000 0 6,427,700 1,000,000 468,200 6,250,000 118,894,800 400,000 300,000 133,740,700 64,600,000 150,000 100,000 60,043,000 100,000 2,029,100 6,000,000 718,600 0 17,938,900 2,000,000 53,907,100 195,000 2,889,200 3,700,000 80,630,200 26,850,000 5,760,000 48,020,200 0 3,001,500 3,001,500 3,001,500 0 97,824,000 8,775,000 106,599,000 1316 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2017 Appropriated from: Federal revenues: Federal aid – transportation programs.......................................................................................... Special revenue funds: Local funds................................................................................................................................... State aeronautics fund.................................................................................................................. Qualified airport fund................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 120. ONE‑TIME BASIS ONLY APPROPRIATIONS Special grants............................................................................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose ‑ one‑time............................................................................. $ PART 2 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2016‑2017 79,000,000 12,508,500 6,315,500 8,775,000 0 8,500,000 8,500,000 8,500,000 GENERAL SECTIONS Sec. 201. Pursuant to section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for fiscal year 2016‑2017 is $2,745,227,700.00 and state spending from state resources to be paid to local units of government for fiscal year 2016‑2017 is $1,590,461,200.00. The itemized statement below identifies appro­ priations from which spending to local units of government will occur: STATE TRANSPORTATION DEPARTMENT Grants to regional planning councils............................................................................................ $ 488,800 Grants to local programs.............................................................................................................. 33,000,000 Rail grade crossing....................................................................................................................... 3,000,000 Rail grade crossing ‑ surface improvements................................................................................ 3,000,000 Local bridge program................................................................................................................... 27,468,600 Grants to county road commissions............................................................................................. 797,470,600 Grants to cities and villages......................................................................................................... 444,625,500 Economic development fund........................................................................................................ 23,823,800 Air service program...................................................................................................................... 250,000 Local bus operating...................................................................................................................... 186,250,000 Detroit/Wayne County Port Authority.......................................................................................... 468,200 Marine passenger service............................................................................................................. 400,000 Terminal development.................................................................................................................. 300,000 Specialized services...................................................................................................................... 3,853,900 Municipal credit program............................................................................................................. 2,000,000 Transit capital............................................................................................................................... 37,357,100 Service initiatives......................................................................................................................... 914,200 Transportation to work................................................................................................................. 3,700,000 Airport safety, protection, and improvement program................................................................. 6,315,500 Detroit metropolitan Wayne County airport ................................................................................ 8,775,000 Special grants............................................................................................................................... 7,000,000 Total payments to local units of government............................................................................... $ 1,590,461,200 Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. Sec. 203. As used in this part and part 1: (a) “CTF” means comprehensive transportation fund. (b) “Department” means the state transportation department. (c) “Director” means the director of the department. (d) “DOT” means the United States Department of Transportation. (e) “DOT‑FHWA” means DOT, Federal Highway Administration. (f) “FTE” means full‑time equated. (g) “IDG” means interdepartmental grant. (h) “IRS” means the Internal Revenue Service. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1317 (i) “MTF” means Michigan transportation fund. (j) “SAF” means state aeronautics fund. (k) “STF” means state trunkline fund. Sec. 204. The departments and agencies receiving appropriations in part 1 shall use the Internet to fulfill the reporting requirements of this part. This requirement may include transmission of reports via electronic mail to the recipients identified for each reporting requirement, or it may include placement of reports on an Internet or Intranet site. Sec. 205. Funds appropriated in part 1 shall not be used for the purchase of foreign goods or services, or both, if competitively priced and of comparable quality American goods or services, or both, are available. Preference shall be given to goods or services, or both, manufactured or provided by Michigan businesses, if they are competitively priced and of comparable quality. In addition, preference shall be given to goods or services, or both, that are manufactured or provided by Michigan businesses owned and operated by veterans, if they are competitively priced and of comparable quality. Sec. 206. The director shall take all reasonable steps to ensure businesses in deprived and depressed communities compete for and perform contracts to provide services or supplies, or both. Each director shall strongly encourage firms with which the department contracts to subcontract with certified businesses in depressed and deprived communities for services, supplies, or both. Sec. 207. The departments and agencies receiving appropriations in part 1 shall prepare a report on out‑of‑state travel expenses not later than January 1 of each year. The travel report shall be a listing of all travel by classified and unclassified employees outside this state in the immediately preceding fiscal year that was funded in whole or in part with funds appropriated in the department’s budget. The report shall be submitted to the senate and house appropriations committees, the house and senate fiscal agencies, and the state budget director. The report shall include the following information: (a) The dates of each travel occurrence. (b) The transportation and related costs of each travel occurrence, including the proportion funded with state general fund/general purpose revenues, the proportion funded with state restricted revenues, the proportion funded with federal revenues, and the proportion funded with other revenues. Sec. 208. Funds appropriated in part 1 shall not be used by a principal executive department, state agency, or authority to hire a person to provide legal services that are the responsibility of the attorney general. This prohibition does not apply to legal services for bonding activities and for those activities that the attorney general authorizes. Sec. 209. Not later than November 30, the state budget office shall prepare and transmit a report that provides for estimates of the total general fund/general purpose appropriation lapses at the close of the prior fiscal year. This report shall summarize the projected year‑end general fund/general purpose appropriation lapses by major departmental program or program areas. The report shall be transmitted to the chairpersons of the senate and house of representatives standing committees on appropriations and the senate and house fiscal agencies. Sec. 210. (1) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $200,000,000.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (2) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $40,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (3) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. (4) In addition to the funds appropriated in part 1, there is appropriated an amount not to exceed $1,000,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in part 1 pursuant to section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393. Sec. 211. The department shall cooperate with the department of technology, management, and budget to maintain a searchable website accessible by the public at no cost that includes, but is not limited to, all of the following: (a) Fiscal year‑to‑date expenditures by category. (b) Fiscal year‑to‑date expenditures by appropriation unit. (c) Fiscal year‑to‑date payments to a selected vendor, including the vendor name, payment date, payment amount, and payment description. (d) The number of active department employees by job classification. (e) Job specifications and wage rates. Sec. 212. Within 14 days after the release of the executive budget recommendation, the department shall cooperate with the state budget office to provide the senate and house appropriations chairs, the senate and house appropriations subcommittees on transportation, respectively, and the senate and house fiscal agencies with an annual report on estimated state restricted fund balances, state restricted fund projected revenues, and state restricted fund expenditures for the fiscal years ending September 30, 2016 and September 30, 2017. 1318 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Sec. 213. The department shall maintain, on a publicly accessible website, a department scorecard that identifies, tracks, and regularly updates key metrics that are used to monitor and improve the agency’s performance. Sec. 214. Total authorized appropriations from all sources under part 1 for legacy costs for the fiscal year ending September 30, 2017 are $70,450,500.00. From this amount, total agency appropriations for pension‑related legacy costs are estimated at $39,063,000.00. Total agency appropriations for retiree health care legacy costs are estimated at $31,387,500.00. Sec. 215. A department shall not take disciplinary action against an employee for communicating with a member of the legislature or his or her staff. Sec. 217. The department shall provide notice to the speaker of the house, the house minority leader, the senate majority leader, the senate minority leader, the house and senate standing committees on transportation, the appropriate house and senate appropriations subcommittees on transportation, and the house and senate fiscal agencies on proposed federal rule changes related to the department that would require amendments to the laws of this state. The notice shall be given within 30 business days of the proposed federal rule being posted to the federal register and shall include a description of the proposed federal rule, the publication date, the date when public comment closes, the document citation, and a description of the statutory changes needed when the rule is finalized. Sec. 270. In order to reduce costs and maintain quality, it is the intent of the legislature that, excluding the fleet of motor vehicles for the department of state police, the department will prioritize the utilization of remanufactured parts as the primary means of maintenance and repair for the state of Michigan’s fleet of motor vehicles. DEPARTMENTAL SECTIONS Sec. 301. (1) The department may establish a fee schedule and collect fees sufficient to cover the costs to issue the permits that the department is authorized by law to issue upon request, unless otherwise stipulated by law. All permit fees are nonrefundable application fees and shall be credited to the appropriate fund to recover the direct and indirect costs of receiving, reviewing, and processing the requests. (2) A bridge authority shall hold 3 public hearings on an increase in any toll charged by the authority at least 30 days before the toll change will become effective. Two of the hearings shall be held within 5 miles of the bridge over which the bridge authority has jurisdiction. One hearing shall be held in Lansing. Public hearings held under this section shall be conducted in accordance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275, and shall be conducted so as to provide a reasonable opportunity for public comment, including both spoken and written comments. Sec. 304. If, as a requirement of bidding on a highway project, the department requires a contractor to submit financial or proprietary documentation as to how the bid was calculated, that bid documentation shall be kept confidential and shall not be disclosed other than to a department representative without the contractor’s written consent. The department may disclose the bid documentation if necessary to address or defend a claim by a contractor. Sec. 305. (1) The department may permit space on public passenger transportation properties to be occupied by public or private tenants on a competitive market rate basis. The department shall require that revenue from the tenants be placed in an account to be used to pay the costs to maintain and improve the property. (2) The department shall charge public transit agencies and intercity bus carriers equal rates per square foot for leasing space in state‑owned intermodal facilities. Sec. 306. (1) The amounts appropriated in part 1 to support tax and fee collection, law enforcement, and other program services provided to the department and to transportation funds by other state departments shall be expended from transportation funds pursuant to annual contracts between the department and those other state departments. The contracts shall be executed prior to the expenditure or obligation of those funds. The contracts shall provide, but are not limited to, the following data applicable to each state department: (a) Estimated costs to be recovered from transportation funds. (b) Description of services provided to the department and/or transportation funds and financed with transportation funds. (c) Detailed cost allocation methods appropriate to the type of services being provided and the activities financed with transportation funds. (2) Not later than 2 months after publication of the state of Michigan comprehensive annual financial report, each state department receiving funding pursuant to an interdepartment contract with the department shall submit a written report to the department, the state budget director, and the house and senate fiscal agencies stating by spending authorization account the amount of estimated funds contracted with the department, the amount of funds expended, the amount of funds returned to the transportation funds, and any unreimbursed transportation‑related costs incurred but not billed to transportation funds. A copy of the report shall be submitted to the auditor general, and the report shall be subject to audit. (3) The auditor general shall use a risk‑based approach in developing an audit program for the use of transportation funds. Sec. 307. Before March 1 of each year, the department will provide to the legislature, the state budget office, and the house and senate fiscal agencies its rolling 5‑year plan listing by county or by county road commission all highway construction projects for the fiscal year and all expected projects for the ensuing fiscal years. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1319 Sec. 310. The department shall provide in a timely manner copies of the agenda and approved minutes of monthly transportation commission meetings to the members of the house and senate appropriations subcommittees on transportation, the house and senate fiscal agencies, and the state budget director. Sec. 313. (1) From funds appropriated in part 1, the department may increase a state infrastructure bank program and grant or loan funds in accordance with regulations of the state infrastructure bank program of the United States Department of Transportation. The state infrastructure bank is to be administered by the department for the purpose of providing a revolving, self‑sustaining resource for financing transportation infrastructure projects. (2) In addition to funds provided in subsection (1), money received by the state as federal grants, repayment of state infrastructure bank loans, or other reimbursement or revenue received by the state as a result of projects funded by the program and interest earned on that money shall be deposited in the revolving state infrastructure bank fund and shall be available for transportation infrastructure projects. At the close of the fiscal year, any unencumbered funds remaining in the state infrastructure bank fund shall remain in the fund and be carried forward into the succeeding fiscal year. (3) The department shall submit a report to the state budget director, the house and senate appropriations subcommittees on transportation, and the house and senate fiscal agencies on the status of the state infrastructure bank. The report shall be submitted on or before December 1, 2016. The report shall include all of the following: (a) The balance in the state infrastructure bank at September 30, 2016, including a breakdown of the balance by cash and cash equivalents, outstanding loans, and balance available for loan to local agencies. (b) A breakdown of the state infrastructure loan balance by amounts designated as originating from federal sources and the amounts originating from nonfederal sources. (c) A list of outstanding loans by agency, original loan amount, project description, loan term, and amount outstanding. Sec. 319. The department shall post signs at each rest area to identify the agency or contractor responsible for maintenance of the rest area. The signs shall include a department telephone number and shall indicate that unsafe or unclean conditions at the rest area may be reported to that telephone number. Sec. 353. The department shall review its contractor payment process and ensure that all prime contractors are paid promptly. The department shall ensure that prime contractors are in compliance with special provision 109.10 regarding the prompt payment of subcontractors. Sec. 357. When presented with complete local federal aid project submittals, the department shall complete all necessary reviews and inspections required to let local federal aid projects within 120 days of receipt. The department shall implement a system for monitoring the local federal aid project review process. Sec. 375. The department is prohibited from reimbursing contractors or consultants for costs associated with groundbreaking ceremonies, receptions, open houses, or press conferences related to transportation projects funded, in whole or in part, by revenue appropriated in part 1. Sec. 376. The department shall not spend funds appropriated in part 1 for the purpose of examining the potential association between commercial signs, outdoor advertising signs, billboards, digital billboards, or commercial electronic variable message signs and motor vehicle activity or motor vehicle driver behavior. Sec. 381. The department shall require as a condition of each contract or subcontract for construction, maintenance, or engineering services that the prequalified contractor or prequalified subcontractor agree to use the E‑Verify system to verify that all persons hired during the contract term by the contractor or subcontractor are legally present and authorized to work in the United States. The department may verify this information directly or may require contractors and subcontractors to verify the information and submit a certification to the department. The department shall report to the house and senate appropriations committees and the house and senate fiscal agencies by March 1 of each year describing the processes it has developed and implemented under provisions of this section. As used in this section, “E‑Verify” means an Internet‑based system operated by the Department of Homeland Security, U.S. Citizenship and Immigration Services in partnership with the Social Security Administration. Sec. 382. In administering a contract with a county road commission, city, or village that allocates costs of construction or reconstruction of highways, roads, and streets as provided in section 18d of 1951 PA 51, MCL 247.668d, the department shall submit the final cost‑sharing bill to the county road commission, city, or village not later than 2 years after the date of the final contract payment to the construction contractor. Sec. 383. (1) The department shall prepare a report on use of department‑owned aircraft during the fiscal year ending September 30, 2016. With respect to each department‑owned aircraft, the report shall include all of the following: (a) Total hours of usage. (b) Description of specific flights including dates of travel, names of passengers including state agency, university, or local government affiliation, travel origin and destination, and total estimated costs associated with the air travel. (2) The report shall be submitted to the senate and house appropriations subcommittees on transportation and the house and senate fiscal agencies no later than February 1, 2017. (3) The department shall maintain a system for recovering the cost of operating department‑owned aircraft through charges to aircraft users. (4) From the funds appropriated in part 1, the department is prohibited from transporting legislators or legislative staff on state‑owned aircraft without prior approval from the senate majority leader or the speaker of the house of representatives and only when the aircraft is already scheduled by state agencies on related official state business. 1320 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (5) It is the intent of the legislature that the department work with the Michigan state police to establish a reciprocal agreement on employing fixed‑wing aircraft with specifically designed equipment for use by the Michigan state police when conducting operations. The department shall submit a report regarding the status of a reciprocal agreement to the senate and house appropriations subcommittees on transportation and the house and senate fiscal agencies no later than February 1, 2017. Sec. 384. (1) Except as otherwise provided in subsection (2), the department shall not obligate the state to expend any state transportation revenue for construction planning or construction of the Detroit River International Crossing or a renamed successor. In addition, except as provided in subsection (2), the department shall not commit the state to any new contract related to the construction planning or construction of the Detroit River International Crossing or a renamed successor that would obligate the state to expend any state transportation revenue. An expenditure for staff resources used in connection with project activities, which expenditure is subject to full and prompt reimbursement from Canada, shall not be considered an expenditure of state transportation revenue. (2) If the legislature enacts specific enabling legislation for the construction of the Detroit River International Crossing or a renamed successor, subsection (1) does not apply once the enabling legislation goes into effect. Sec. 385. (1) The department shall submit reports to the state budget director, the speaker of the house, the house minority leader, the senate majority leader, the senate minority leader, the house and senate appropriations subcommittees on transportation, and the house and senate fiscal agencies on department activities related to all nonconstruction or construction planning activities related to the Detroit River International Crossing or a renamed successor. The initial report shall be submitted on or before December 1, 2016 and shall cover the fiscal year ending September 30, 2016. (2) The initial report shall include, at a minimum, all of the following: (a) Department costs incurred in the fiscal year ending September 30, 2016, including employee salaries, wages, benefits, travel, and contractual services, and what activities those costs were related to. (b) Costs of other executive branch agencies incurred in the fiscal year ending September 30, 2016, including employee salaries, wages, benefits, travel, and contractual services, and what activities those costs were related to. (c) A breakdown of the source of funds used for the activities described in subdivisions (a) and (b). (d) A breakdown of reimbursements made by Canada under section 384(1) to the state for expenditures for staff resources used in connection with project activities. (e) A narrative description of the status of the Detroit River International Crossing or a renamed successor, including efforts undertaken to implement provisions of the crossing agreement executed June 15, 2012 by representatives of the Canadian government and this state. (3) After submission of the initial report, a subsequent report shall be submitted on March 1, 2017, June 1, 2017, and September 1, 2017 and shall include the same information described in subsection (2) for the applicable previous fiscal quarter. Sec. 393. (1) The department shall promote best practices for public transportation services in this state, including, but not limited to, the following: (a) Transit vehicle rehabilitation to reduce life‑cycle cost of public transportation through midlife rehabilitation of transit buses. (b) Cooperation between entities using transit, including school districts, cities, townships, and counties with a view to promoting cost savings through joint purchasing of fuel and other procurements. (c) Coordination of transportation dollars among state departments which provide transit‑related services, including the department of health and human services. Priority should be given to use of public transportation services where available. (d) Promotion of intelligent transportation services for buses that incorporate computer and navigation technology to make transit systems more efficient, including stoplight coordinating, vehicle tracking, data tracking, and computerized scheduling. (2) The department shall report on efforts taken to implement this section as well as section 393 of article XVII of 2011 PA 63. The department shall complete and submit the report to the state budget director, the house and senate appropriations subcommittees on transportation, and the house and senate fiscal agencies on or before March 1, 2017. Sec. 394. The department and local road agencies shall make the preservation of their existing road networks a funding priority. Sec. 395. From the funds appropriated in part 1 for state trunkline federal aid road and bridge construction, the department may expend up to $10,000,000.00 on highway maintenance activities to support safety‑related, high‑priority, and other deferred routine maintenance needs on Michigan’s state trunkline network. Sec. 396. In soliciting proposals for contractual services, other than construction contracts, the department shall obtain assurance that the respondents have the financial capability, equipment, work force, and prior work experience sufficient to perform the proposed services. FEDERAL Sec. 402. A portion of the federal DOT‑FHWA highway research, planning, and construction funds made available to this state shall be allocated to transportation programs administered by local jurisdictions in accordance with section 10o No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1321 of 1951 PA 51, MCL 247.660o. A local road agency, with respect to a project approved for federal aid funding in a state transportation improvement program, may enter into a voluntary buyout agreement with the department or with another local road agency to exchange the federal aid with state restricted transportation funds as agreed to by the respective parties. The state restricted transportation funds received in exchange for federal aid funds shall be used for the same purpose as the federal aid funds were originally intended. MICHIGAN TRANSPORTATION FUND Sec. 501. The money received under the motor carrier act, 1933 PA 254, MCL 475.1 to 479.42, and not appropriated to the department of licensing and regulatory affairs or the department of state police is deposited in the Michigan transportation fund. Sec. 503. (1) The funds appropriated in part 1 for the economic development and local bridge programs shall not lapse at the end of the fiscal year but shall carry forward each fiscal year for the purposes for which appropriated in accordance with 1987 PA 231, MCL 247.901 to 247.913, and section 10(5) of 1951 PA 51, MCL 247.660. (2) Interest earned in the department of transportation economic development fund and local bridge fund shall remain in the respective funds and shall be allocated to the respective programs based on actual interest earned at the end of each fiscal year. (3) In addition to the funds appropriated in part 1, the department of transportation economic development fund and local bridge fund may receive federal, local, or private funds or restricted source funds such as interest earnings. These funds are appropriated for projects that are consistent with the purposes of the respective funds. (4) None of the funds statutorily dedicated to the transportation economic development fund and local bridge fund shall be diverted to other projects. Sec. 504. Funds from the Michigan transportation fund shall be distributed to the comprehensive transportation fund, the economic development fund, the recreation improvement fund, and the state trunkline fund, in accordance with this part and part 1 and part 711 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.71101 to 324.71108, and may only be used as specified in this part and part 1, 1951 PA 51, MCL 247.651 to 247.675, and part 711 of the natural resources and environmental protection act, 1994 PA 451, MCL 324.71101 to 324.71108. Sec. 505. If roads innovation funds are not released by a 1‑time concurrent resolution pursuant to section 1j(5) of 1951 PA 51, MCL 247.651j, on or before October 1, 2016, the department shall prepare a report that specifies the portions of total Michigan transportation fund distributions to be withheld from the state trunkline fund and each local road agency. The department shall present the report to the state budget director, the senate and house appropriations subcommittees on transportation, the senate and house standing committees on transportation, and the senate and house fiscal agencies on or before November 1, 2016. STATE TRUNKLINE FUND Sec. 601. (1) The department shall work with the road construction industry and engineering consulting community to develop a warranty program for capital road and bridge construction, reconstruction, and rehabilitation projects. In developing the warranty program, the department shall consider all of the following: (a) Scope of warranties, including warranties on materials and workmanship, pavement or bridge performance criteria, and the application of warranties to design/build projects. (b) Length of warranty. (c) Costs and benefits associated with scope of warranty and various warranty provisions, including length of warranty. (d) Any other relevant factors that might determine the use of warranties, scope of warranty, or length of warranty. (e) Use of warranties on local agency projects administered by the department. (f) Other measures used to identify premature failure of road pavement or bridge elements and the related cause of those failures. (2) The department shall report on March 1 of each year to the house of representatives and senate appropriations subcommittees on transportation and the house and senate fiscal agencies on provisions of the department’s warrant program described under subsection (1). The department shall timely inspect warrantied projects prior to the expiration of any associated warranty. (3) The department shall report to the legislature all of the following with regard to road and bridge construction projects: (a) An update on procedures involving the attorney general’s office regarding nonresponsive contractors that had received notice but failed to fulfill the terms of a warranty. (b) An update on any upgrades and improvements to the statewide warranty administrative database. (c) The number of active road and bridge construction warranties. (d) The number of road and bridge project warranties that required corrective action, and the date or dates of any corrective action. (e) The number of warrantied projects that required corrective action but expired prior to the contractor receiving notice and the total cost of each of those projects. (f) The number of instances where a contractor was notified of the need for corrective action more than 60 days after the associated warranty period. 1322 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (g) The number of unresolved corrective actions outstanding beyond 15 months, and the department’s findings and any changes to existing policies and procedures as required in subsection (5). (4) The report required under subsection (3) is due on March 1 of each calendar year, shall reflect the prior 12‑month period, and shall be transmitted to the house of representatives and senate appropriations subcommittees on transportation, the state budget director, and the house and senate fiscal agencies. (5) The department shall maintain documentation to support initial acceptance of warrantied projects, interim and final inspections, and notifications to contractors that the warranty period had expired. The department also shall review and evaluate consultant evaluation requirements or recommendations and update existing policies and procedures accordingly. Sec. 604. At the close of the fiscal year, any unencumbered and unexpended balance in the state trunkline fund shall remain in the state trunkline fund and shall carry forward and is appropriated for federal aid road and bridge programs for projects contained in the annual state transportation program. Sec. 610. The department shall have as a priority the removal of dead deer and other large animal remains from the traveled portion and shoulder of state highways. The department, and counties that perform state highway maintenance under contract, shall remove animal remains, wherever practicable and when funds are available, away from the traveled portion and shoulder of state highways. Sec. 612. The department shall establish guidelines governing incentives and disincentives provided under contracts for state trunkline projects. The guidelines shall include specific financial information concerning incentives and disincentives. On or before January 1 of each year, the department shall prepare a report for the immediately preceding fiscal year regarding contract incentives and disincentives. This report shall include a list, by project, of the contractors that received contract incentives and/or disincentives, the amount of the incentives and/or disincentives, the fund source of any incentives, and the number of days that each project was completed either ahead or past the contracted completion date. This report shall be provided to the senate and house appropriations subcommittees on transportation, the senate and house standing committees on transportation, and the senate and house fiscal agencies. Sec. 660. (1) The legislature encourages the department to examine the use of alternative road surface materials, including recycled materials, and to develop criteria and specifications for their use in both department‑managed and contracted projects. (2) The department shall report on efforts taken to implement this section. The report shall include descriptions of specific materials evaluated, evaluation methods, and results of specific field or laboratory tests. The department shall complete and submit the report to the state budget director, the house and senate appropriations subcommittees on transportation, and the house and senate fiscal agencies on or before March 1 of each year. TRANSIT AND RAIL RELATED FUNDS Sec. 701. The department shall establish an intercity bus equipment and facility fund as a subsidiary fund within the comprehensive transportation fund created under section 10b of 1951 PA 51, MCL 247.660b. Proceeds received by this state from the sale of state‑owned intercity bus equipment shall be credited to the intercity bus equipment and facility fund for the purchase and repair of intercity bus equipment, as appropriated. Security deposits not returned to a lessee of state‑owned intercity bus equipment under terms of the lease agreement shall be credited to the intercity bus equipment and facility fund for the repair of intercity bus equipment, as appropriated. Money received by the department from lease payments for state‑owned intercity bus equipment, and facility maintenance charges under terms of leases of state‑owned intercity facilities, shall be credited to the intercity bus equipment and facility fund for the purchase and repair of intercity bus equipment or for the maintenance and rehabilitation of state‑owned intercity facilities, as appropriated. At the close of the fiscal year, any funds remaining in the intercity bus equipment and facility fund shall remain in the fund and be carried forward into the succeeding fiscal year. Sec. 702. Money that is received by this state as repayment for loans made for rail or water freight capital projects, and as a result of the sale of property or equipment used or projected to be used for rail or water freight projects shall be deposited in the rail freight fund created by section 17 of the state transportation preservation act of 1976, 1976 PA 295, MCL 474.67. At the close of the fiscal year, any funds remaining in the rail freight fund shall remain in the fund and be carried forward into the succeeding fiscal year. Sec. 703. After receiving notification from a railroad company pursuant to section 8 of the state transportation preservation act of 1976, 1976 PA 295, MCL 474.58, the department shall immediately notify the house of representatives and senate appropriations subcommittees on transportation and the state budget office that the railroad company has filed with the appropriate governmental agencies for abandonment of a line. Sec. 704. From the funds appropriated in part 1, the department shall prepare and transmit a report that provides detail regarding the department’s expenditures for programs funded under the appropriation in part 1 for rail operations and infrastructure. The report shall include a breakdown of the appropriation by program, year‑to‑date expenditures under each program itemized by project, and an estimate of future expenditures under each program itemized by project for the remainder of the fiscal year. The initial report shall be submitted to the senate and house appropriations subcommittees on transportation, and the senate and house fiscal agencies, on or before October 30, 2016. The department also shall update and resubmit the report on or before February 1 of each year. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1323 Sec. 705. It is the intent of the legislature that the department will provide assistance, whether administrative or otherwise, to the city of Woodhaven so that the city may meet funding needs for a rail and street separation project. Sec. 706. The Detroit/Wayne County Port Authority shall issue a complete operations assessment and a financial disclosure statement. The operations assessment shall include operational goals for the next 5 years and recommendations to improve land acquisition and development efficiency. The report shall be completed and submitted to the house of representatives and senate appropriations subcommittees on transportation, the state budget director, and the house and senate fiscal agencies by June 30 of each fiscal year for the prior fiscal year. Sec. 711. (1) As prescribed in subsection (2), the department shall submit reports to the state budget director, the house and senate appropriations subcommittees on transportation, and the house and senate fiscal agencies on rail passenger service provided by Amtrak under a contractual agreement with the department. The report shall be submitted on or before May 1 of each year. (2) The report shall include all of the following: (a) Passenger counts for the preceding fiscal year for each Amtrak service route in Michigan. (b) Revenue and operating expenses by Amtrak route. (c) Total state operating payments to Amtrak in the preceding fiscal year by Amtrak route. (d) A discussion of major factors affecting route costs and revenue and net state costs in the preceding fiscal year, and factors affecting route costs and revenue and net state costs anticipated in the current and future fiscal years. Sec. 735. For the fiscal year ending September 30, 2017, the appropriation to a street railway pursuant to section 10e(22) of 1951 PA 51, MCL 247.660e, is $0. AERONAUTICS FUND Sec. 801. Except as otherwise provided in section 903 for capital outlay, at the close of the fiscal year, any unobligated and unexpended balance in the state aeronautics fund created in the aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.1 to 259.208, shall lapse to the state aeronautics fund and be appropriated by the legislature in the immediately succeeding fiscal year. Sec. 802. The legislature encourages the department to find private entities or local public agencies to assume ownership and operating responsibility for airports currently owned by the department. Sec. 803. Not later than December 1, 2016, the department, in cooperation with the department of technology, management, and budget, shall release a request for proposal seeking competitive bids for the award of a contract for third party management and sale of the department’s aging aircraft. Third party management shall include, but not be limited to: aircraft transportation services, aircraft, aircraft personnel including pilots and technicians, aircraft maintenance, aircraft facilities, and aircraft fuel. CAPITAL OUTLAY Sec. 901. (1) From federal‑state‑local project appropriations contained in part 1 for the purpose of assisting political entities and subdivisions of this state in the construction and improvement of publicly used airports and landing fields within this state, the state transportation department may permit the award of contracts on behalf of units of local government for the authorized locations not to exceed the indicated amounts, of which the state allocated portion shall not exceed the amount appropriated in part 1. (2) Political entities and subdivisions shall provide not less than 5% of the cost of any project under this section, unless a total nonfederal share greater than 10% is otherwise specified in federal law. State money shall not be allocated until local money is allocated. State money for any 1 project shall not exceed 1/3 of the total appropriation in part 1 from state funds for airport improvement programs. (3) The Michigan aeronautics commission may take those steps necessary to match federal money available for airport construction and improvement within this state and to meet the matching requirements of the federal government. Whether acting alone or jointly with another political subdivision or public agency or with this state, a political subdivision or public agency of this state shall not submit to any agency of the federal government a project application for airport planning or development unless it is authorized in this part and part 1 and the project application is approved by the governing body of each political subdivision or public agency making the application and by the Michigan aeronautics commission. Sec. 903. The appropriations in part 1 for capital outlay shall be carried forward at the end of the fiscal year consistent with the provisions of section 248 of the management and budget act, 1984 PA 431, MCL 18.1248. ONE‑TIME BASIS ONLY APPROPRIATION Sec. 1001. The funds appropriated in part 1 for special grants shall be used to fund the following road improvement projects: (a) Berrien County: US‑31 right‑of‑way acquisition. (b) Lenawee County: upgrading Weston Road and Rodesiler Highway to provide an all‑season truck route between M‑52 and US‑223. (c) Macomb County: M‑53 at 33 Mile Road access. 1324 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 PART 2A PROVISIONS CONCERNING ANTICIPATED APPROPRIATIONS FOR FISCAL YEAR 2017‑2018 GENERAL SECTIONS Sec. 1201. It is the intent of the legislature to provide appropriations for the fiscal year ending on September 30, 2018 for the line items listed in part 1. The fiscal year 2017‑2018 appropriations are anticipated to be the same as those for fiscal year 2016‑2017, except that the line items will be adjusted for changes in caseload and related costs, federal fund match rates, economic factors, and available revenue. These adjustments will be determined after the January 2017 consensus revenue estimating conference. ARTICLE XX SUPPLEMENTAL APPROPRIATIONS PART 1 LINE‑ITEM APPROPRIATIONS FOR FISCAL YEAR 2015‑2016 Sec. 101. There is appropriated for various state departments and agencies and the legislative branch to supplement appropriations for the fiscal year ending September 30, 2016, from the following funds: APPROPRIATION SUMMARY Full‑time equated exempted positions..................................................................................... 6.0 GROSS APPROPRIATION.......................................................................................................... $ (244,862,000) Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... (167,000) ADJUSTED GROSS APPROPRIATION..................................................................................... $ (244,695,000) Federal revenues: Total federal revenues................................................................................................................... (376,712,600) Special revenue funds: Total local revenues...................................................................................................................... 0 Total private revenues................................................................................................................... (2,000,000) Total other state restricted revenues............................................................................................. 20,550,200 State general fund/general purpose.............................................................................................. $ 113,467,400 Sec. 102. DEPARTMENT OF CORRECTIONS (1) APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ 13,400,000 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 0 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 13,400,000 Federal revenues: Total federal revenues................................................................................................................... 0 Special revenue funds: Total local revenues...................................................................................................................... 0 Total private revenues................................................................................................................... 0 Total other state restricted revenues............................................................................................. 0 State general fund/general purpose.............................................................................................. $ 13,400,000 (2) HEALTH CARE Clinical and mental health services and support.......................................................................... $ 13,400,000 GROSS APPROPRIATION.......................................................................................................... $ 13,400,000 Appropriated from: State general fund/general purpose.............................................................................................. $ 13,400,000 Sec. 103. DEPARTMENT OF EDUCATION (1) APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ (3,500,000) Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 0 ADJUSTED GROSS APPROPRIATION..................................................................................... $ (3,500,000) Federal revenues: Total federal revenues................................................................................................................... 1,200,000 Special revenue funds: Total local revenues...................................................................................................................... 0 Total private revenues................................................................................................................... 0 Total other state restricted revenues............................................................................................. 0 State general fund/general purpose.............................................................................................. $ (4,700,000) No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1325 For Fiscal Year Ending Sept. 30, 2016 (2) MICHIGAN OFFICE OF GREAT START Child development and care public assistance............................................................................. $ (3,500,000) GROSS APPROPRIATION.......................................................................................................... $ (3,500,000) Appropriated from: Federal revenues: Federal revenues........................................................................................................................... 1,200,000 State general fund/general purpose.............................................................................................. $ (4,700,000) Sec. 104. DEPARTMENT OF ENVIRONMENTAL QUALITY (1) APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ 500,000 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 0 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 500,000 Federal revenues: Total federal revenues................................................................................................................... 0 Special revenue funds: Total local revenues...................................................................................................................... 0 Total private revenues................................................................................................................... 0 Total other state restricted revenues............................................................................................. 0 State general fund/general purpose.............................................................................................. $ 500,000 (2) ONE‑TIME APPROPRIATIONS Western Michigan University geological resources study............................................................ $ 500,000 GROSS APPROPRIATION.......................................................................................................... $ 500,000 Appropriated from: State general fund/general purpose.............................................................................................. $ 500,000 Sec. 105. DEPARTMENT OF HEALTH AND HUMAN SERVICES (1) APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ (299,155,700) Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 0 ADJUSTED GROSS APPROPRIATION..................................................................................... $ (299,155,700) Federal revenues: Total federal revenues................................................................................................................... (379,912,600) Special revenue funds: Total local revenues...................................................................................................................... 0 Total private revenues................................................................................................................... (2,000,000) Total other state restricted revenues............................................................................................. 3,175,400 State general fund/general purpose.............................................................................................. $ 79,581,500 (2) COMMUNITY SERVICES AND OUTREACH Rape prevention and services....................................................................................................... $ 25,000 GROSS APPROPRIATION.......................................................................................................... $ 25,000 Appropriated from: State general fund/general purpose.............................................................................................. $ 25,000 (3) CHILDREN’S SERVICES AGENCY ‑ CHILD WELFARE Foster care payments.................................................................................................................... $ (4,430,300) Guardianship assistance program................................................................................................. 477,000 Child care fund............................................................................................................................. 6,743,800 Adoption subsidies....................................................................................................................... (5,601,300) Family support subsidy................................................................................................................ (602,200) GROSS APPROPRIATION.......................................................................................................... $ (3,413,000) Appropriated from: Federal revenues: Social security act, temporary assistance for needy families....................................................... (602,200) Total other federal revenues......................................................................................................... (6,113,700) State general fund/general purpose.............................................................................................. $ 3,302,900 1326 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2016 (4) PUBLIC ASSISTANCE Family independence program..................................................................................................... $ (9,702,900) State disability assistance payments............................................................................................. (2,109,600) Food assistance program benefits................................................................................................. (84,728,400) State supplementation................................................................................................................... (1,038,700) GROSS APPROPRIATION.......................................................................................................... $ (97,579,600) Appropriated from: Federal revenues: Social security act, temporary assistance for needy families....................................................... (6,448,700) Total other federal revenues......................................................................................................... (85,553,200) State general fund/general purpose.............................................................................................. $ (5,577,700) (5) BEHAVIORAL HEALTH SERVICES Medicaid mental health services.................................................................................................. $ 872,700 Medicaid substance use disorder services.................................................................................... 5,427,100 Healthy Michigan plan ‑ behavioral health.................................................................................. (100,432,600) Autism services............................................................................................................................ 14,581,500 GROSS APPROPRIATION.......................................................................................................... $ (79,551,300) Appropriated from: Federal revenues: Total other federal revenues......................................................................................................... (81,374,500) State general fund/general purpose.............................................................................................. $ 1,823,200 (6) EPIDEMIOLOGY AND INFECTIOUS DISEASE Immunization program................................................................................................................. $ (2,500,000) GROSS APPROPRIATION.......................................................................................................... $ (2,500,000) Appropriated from: Special revenue funds: Total private revenues................................................................................................................... (2,000,000) State general fund/general purpose.............................................................................................. $ (500,000) (7) CHILDREN’S SPECIAL HEALTH CARE SERVICES Medical care and treatment.......................................................................................................... $ 3,283,300 GROSS APPROPRIATION.......................................................................................................... $ 3,283,300 Appropriated from: Federal revenues: Total other federal revenues......................................................................................................... 2,548,700 State general fund/general purpose.............................................................................................. $ 734,600 (8) CRIME VICTIM SERVICES COMMISSION Justice assistance grants............................................................................................................... $ 5,000,000 GROSS APPROPRIATION.......................................................................................................... $ 5,000,000 Appropriated from: Federal revenues: Total other federal revenues......................................................................................................... 5,000,000 State general fund/general purpose.............................................................................................. $ 0 (9) AGING AND ADULT SERVICES AGENCY Program of all‑inclusive care for the elderly............................................................................... $ (9,914,400) GROSS APPROPRIATION.......................................................................................................... $ (9,914,400) Appropriated from: Federal revenues: Total other federal revenues......................................................................................................... (6,503,800) State general fund/general purpose.............................................................................................. $ (3,410,600) (10) MEDICAL SERVICES Hospital services and therapy....................................................................................................... $ (114,779,000) Hospital services and therapy....................................................................................................... 62,888,300 Physician services......................................................................................................................... (9,511,400) Medicare premium payments....................................................................................................... 52,673,100 Pharmaceutical services................................................................................................................ 14,562,100 Home health services................................................................................................................... (324,000) No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1327 For Fiscal Year Ending Sept. 30, 2016 Hospice services........................................................................................................................... $ Transportation............................................................................................................................... Auxiliary medical services........................................................................................................... Dental services............................................................................................................................. Ambulance services...................................................................................................................... Long‑term care services............................................................................................................... Integrated care organizations........................................................................................................ Medicaid home‑ and community‑based services waiver.............................................................. Adult home help services............................................................................................................. Personal care services................................................................................................................... Health plan services..................................................................................................................... Health plan services..................................................................................................................... Federal Medicare pharmaceutical program.................................................................................. Healthy Michigan plan................................................................................................................. Subtotal basic medical services program..................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Total other federal revenues......................................................................................................... Special revenue funds: Merit award trust fund.................................................................................................................. Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ (11) ONE‑TIME BASIS ONLY APPROPRIATIONS SIGMA readiness project............................................................................................................. $ Special project ‑ groundwater contamination............................................................................... Special project ‑ human trafficking.............................................................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ Sec. 106. DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES (1) APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... ADJUSTED GROSS APPROPRIATION..................................................................................... $ Federal revenues: Total federal revenues................................................................................................................... Special revenue funds: Total local revenues...................................................................................................................... Total private revenues................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ (2) AUTISM COVERAGE FUND Autism coverage fund................................................................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Autism coverage fund................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 107. JUDICIARY (1) APPROPRIATION SUMMARY Full‑time equated exempted positions................................................................................. 6.0 GROSS APPROPRIATION.......................................................................................................... $ Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... ADJUSTED GROSS APPROPRIATION..................................................................................... $ (8,499,800) (1,578,900) (626,500) 3,460,600 354,600 293,223,200 (153,215,700) (15,463,000) (703,100) (1,581,700) 75,881,800 100,000,000 9,079,100 (423,345,400) (117,505,700) (117,505,700) (200,865,200) (3,674,500) 6,849,900 80,184,100 1,500,000 1,000,000 500,000 3,000,000 3,000,000 2,225,000 0 2,225,000 0 0 0 449,900 1,775,100 2,225,000 2,225,000 449,900 1,775,100 5,300,000 (167,000) 5,467,000 1328 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2016 Federal revenues: Total federal revenues................................................................................................................... $ Special revenue funds: Total local revenues...................................................................................................................... Total private revenues................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ (2) INDIGENT DEFENSE ‑ CRIMINAL Full‑time equated exempted positions................................................................................. 6.0 Appellate public defender program—6.0 FTE positions.............................................................. $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Interdepartmental grant revenues: IDG from state police ‑ Michigan justice training fund.............................................................. State general fund/general purpose.............................................................................................. $ (3) TRIAL COURT OPERATIONS Statewide e‑file system................................................................................................................. $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Judicial electronic filing fund....................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 108. LEGISLATURE (1) APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... ADJUSTED GROSS APPROPRIATION..................................................................................... $ Federal revenues: Total federal revenues................................................................................................................... Special revenue funds: Total local revenues...................................................................................................................... Total private revenues................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ (2) LEGISLATURE Senate redistricting....................................................................................................................... $ House redistricting....................................................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ (3) LEGISLATIVE COUNCIL Legislative IT systems design project.......................................................................................... $ Criminal justice policy commission............................................................................................. GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ (4) STATE CAPITOL HISTORIC SITE Restoration, renewal, and maintenance........................................................................................ $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ Sec. 109. LICENSING AND REGULATORY AFFAIRS (1) APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... ADJUSTED GROSS APPROPRIATION..................................................................................... $ 0 0 0 5,000,000 467,000 300,000 300,000 (167,000) 467,000 5,000,000 5,000,000 5,000,000 0 7,200,000 0 7,200,000 0 0 0 0 7,200,000 225,000 225,000 450,000 450,000 3,000,000 500,000 3,500,000 3,500,000 3,250,000 3,250,000 3,250,000 5,853,300 0 5,853,300 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1329 For Fiscal Year Ending Sept. 30, 2016 Federal revenues: Total federal revenues................................................................................................................... $ Special revenue funds: Total local revenues...................................................................................................................... Total private revenues................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ (2) ENERGY AND UTILITY PROGRAMS Public service commission........................................................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Video franchise assessments......................................................................................................... State general fund/general purpose.............................................................................................. $ (3) OCCUPATIONAL REGULATION Corporations, securities, and commercial licensing bureau......................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Distance education fund............................................................................................................... State general fund/general purpose.............................................................................................. $ (4) ONE‑TIME APPROPRIATIONS Michigan automated prescription system upgrades...................................................................... $ First responder presumed coverage claims................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: First responder presumed coverage fund...................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 110. DEPARTMENT OF MILITARY AND VETERANS AFFAIRS (1) APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... ADJUSTED GROSS APPROPRIATION..................................................................................... $ Federal revenues: Total federal revenues................................................................................................................... Special revenue funds: Total local revenues...................................................................................................................... Total private revenues................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ (2) MILITARY Departmental and National Guard operations.............................................................................. $ Schedule of programs: National Guard tuition assistance program.......................................................... (3,741,600) Departmental and National Guard operations.............................................................................. Schedule of programs: National Guard tuition assistance fund..................................................................... 5,741,600 Departmental and National Guard operations.............................................................................. Schedule of programs: National Guard tuition assistance fund................................................................. (3,741,600) National Guard tuition assistance program.............................................................. 3,741,600 GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: State restricted revenues............................................................................................................... State general fund/general purpose.............................................................................................. $ 0 0 0 3,383,300 2,470,000 83,300 83,300 83,300 0 300,000 300,000 300,000 0 2,470,000 3,000,000 5,470,000 3,000,000 2,470,000 8,866,600 0 8,866,600 0 0 0 1,441,600 7,425,000 (3,741,600) 5,741,600 3,741,600 5,741,600 3,741,600 2,000,000 1330 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2016 (3) MICHIGAN VETERANS AFFAIRS AGENCY Michigan veterans affairs agency................................................................................................. $ Schedule of programs: Michigan veterans affairs agency administration......................................................... 1,200,000 Veterans’ homes........................................................................................................................... Schedule of programs: Grand Rapids home for veterans.............................................................................. 1,725,000 D.J. Jacobetti home for veterans................................................................................. 200,000 GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Restricted revenues....................................................................................................................... State general fund/general purpose.............................................................................................. $ Sec. 111. DEPARTMENT OF NATURAL RESOURCES (1) APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... ADJUSTED GROSS APPROPRIATION..................................................................................... $ Federal revenues: Total federal revenues................................................................................................................... Special revenue funds: Total local revenues...................................................................................................................... Total private revenues................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ (2) EXECUTIVE OPERATIONS Executive direction....................................................................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Off‑road vehicle trail improvement fund...................................................................................... State general fund/general purpose.............................................................................................. $ (3) DEPARTMENT SUPPORT SERVICES Finance and operations................................................................................................................. $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Off‑road vehicle trail improvement fund...................................................................................... State general fund/general purpose.............................................................................................. $ (4) COMMUNICATION AND CUSTOMER SERVICES Marketing and outreach................................................................................................................ $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Off‑road vehicle trail improvement fund...................................................................................... State general fund/general purpose.............................................................................................. $ (5) LAW ENFORCEMENT General law enforcement.............................................................................................................. $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Off‑road vehicle trail improvement fund...................................................................................... State general fund/general purpose.............................................................................................. $ (6) GRANTS Dam management grant program................................................................................................. $ Off‑road vehicle trail improvement grants................................................................................... GROSS APPROPRIATION.......................................................................................................... $ 1,200,000 1,925,000 3,125,000 (2,300,000) 5,425,000 9,000,000 0 9,000,000 2,000,000 0 0 4,000,000 3,000,000 46,500 46,500 46,500 0 61,000 61,000 61,000 0 17,500 17,500 17,500 0 950,000 950,000 950,000 0 3,000,000 2,925,000 5,925,000 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1331 For Fiscal Year Ending Sept. 30, 2016 Appropriated from: Special revenue funds: Off‑road vehicle trail improvement fund...................................................................................... $ State general fund/general purpose.............................................................................................. $ (7) CAPITAL OUTLAY ‑ RECREATIONAL LANDS AND INFRASTRUCTURE State parks repair and maintenance.............................................................................................. $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal funds................................................................................................................................ State general fund/general purpose.............................................................................................. $ (8) CAPITAL OUTLAY ‑ WATERWAYS BOATING PROGRAM East Tawas state harbor, Iosco County, harbor renovation, dock replacements, dredging, fueling station, new electrical/utilities, phase II (total authorized cost is increased from $4,320,000 to $4,420,000; federal share is increased from $1,550,000 to $1,650,000; state share is $2,770,000).................................................................................................................. $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Federal funds................................................................................................................................ State general fund/general purpose.............................................................................................. $ Sec. 112. DEPARTMENT OF STATE (1) APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... ADJUSTED GROSS APPROPRIATION..................................................................................... $ Federal revenues: Total federal revenues................................................................................................................... Special revenue funds: Total local revenues...................................................................................................................... Total private revenues................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ (2) INFORMATION TECHNOLOGY Information technology services and projects.............................................................................. $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ Sec. 113. DEPARTMENT OF STATE POLICE (1) APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... ADJUSTED GROSS APPROPRIATION..................................................................................... $ Federal revenues: Total federal revenues................................................................................................................... Special revenue funds: Total local revenues...................................................................................................................... Total private revenues................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ (2) FIELD SERVICES Field services................................................................................................................................ $ GROSS APPROPRIATION.......................................................................................................... $ 2,925,000 3,000,000 1,900,000 1,900,000 1,900,000 0 100,000 100,000 100,000 0 3,800,000 0 3,800,000 0 0 0 0 3,800,000 3,800,000 3,800,000 3,800,000 11,178,800 0 11,178,800 0 0 0 0 11,178,800 428,800 428,800 1332 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2016 Appropriated from: State general fund/general purpose.............................................................................................. $ (3) ONE‑TIME APPROPRIATIONS Disaster and emergency contingency fund................................................................................... $ Homeland security ‑ energy disaster............................................................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ Sec. 114. DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET (1) APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... ADJUSTED GROSS APPROPRIATION..................................................................................... $ Federal revenues: Total federal revenues................................................................................................................... Special revenue funds: Total local revenues...................................................................................................................... Total private revenues................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ (2) STATE BUILDING AUTHORITY RENT State building authority rent ‑ state agencies............................................................................... $ State building authority rent ‑ department of corrections............................................................ State building authority rent ‑ universities................................................................................... State building authority rent ‑ community colleges..................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ (3) CIVIL SERVICE COMMISSION Training........................................................................................................................................ $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ (4) SPECIAL PROGRAMS Legal services............................................................................................................................... $ State trooper pension supplemental payment............................................................................... Retirement services...................................................................................................................... GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Pension trust funds....................................................................................................................... State general fund/general purpose.............................................................................................. $ (5) ONE‑TIME BASIS ONLY APPROPRIATIONS Education commission.................................................................................................................. $ Special projects............................................................................................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ Sec. 115. DEPARTMENT OF TRANSPORTATION (1) APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... ADJUSTED GROSS APPROPRIATION..................................................................................... $ 428,800 10,000,000 750,000 10,750,000 10,750,000 (10,830,000) 0 (10,830,000) 0 0 0 2,800,000 (13,630,000) (5,300,000) (17,250,000) (3,400,000) (550,000) (26,500,000) (26,500,000) 325,000 325,000 325,000 11,000,000 145,000 2,800,000 13,945,000 2,800,000 11,145,000 400,000 1,000,000 1,400,000 1,400,000 0 0 0 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1333 For Fiscal Year Ending Sept. 30, 2016 Federal revenues: Total federal revenues................................................................................................................... $ Special revenue funds: Total local revenues...................................................................................................................... Total private revenues................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ (2) TRANSPORTATION ECONOMIC DEVELOPMENT Rural county primary................................................................................................................... $ Special projects............................................................................................................................ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Economic development fund........................................................................................................ State general fund/general purpose.............................................................................................. $ Sec. 116. DEPARTMENT OF TREASURY (1) APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... ADJUSTED GROSS APPROPRIATION..................................................................................... $ Federal revenues: Total federal revenues................................................................................................................... Special revenue funds: Total local revenues...................................................................................................................... Total private revenues................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ (2) LOCAL GOVERNMENT PROGRAMS Supervision of the general property tax law................................................................................ $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ (3) FINANCIAL AND ADMINISTRATIVE SERVICES Office of collections..................................................................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Special revenue funds: Driver responsibility fees............................................................................................................. State general fund/general purpose.............................................................................................. $ PART 2 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2015‑2016 0 0 0 0 0 (2,000,000) 2,000,000 0 0 0 1,300,000 0 1,300,000 0 0 0 300,000 1,000,000 1,000,000 1,000,000 1,000,000 300,000 300,000 300,000 0 GENERAL SECTIONS Sec. 201. In accordance with the provisions of section 30 of article IX of the state constitution of 1963, total state spending from state resources under part 1 for the fiscal year ending September 30, 2016 is $134,017,600.00 and state appropriations paid to local units of government are $15,726,900.00 as itemized below: DEPARTMENT OF HEALTH AND HUMAN SERVICES Child care fund............................................................................................................................. $ 6,743,800 Medicaid mental health services.................................................................................................. 300,200 Medicaid substance use disorder services.................................................................................... 866,900 Autism services............................................................................................................................ 5,016,000 SUBTOTAL.................................................................................................................................. $ 13,926,900 DEPARTMENT OF NATURAL RESOURCES Dam management grant program................................................................................................. $ 1,500,000 Off‑road vehicle trail improvement grants................................................................................... 300,000 SUBTOTAL.................................................................................................................................. $ 1,800,000 TOTAL.......................................................................................................................................... $ 15,726,900 1334 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. Sec. 203. There is appropriated for the fiscal year ending September 30, 2016 the sum of $5,000,000.00 from general fund/general purpose revenue for deposit into the Michigan infrastructure fund created under the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. DEPARTMENT OF HEALTH AND HUMAN SERVICES Sec. 301. (1) As part of the year‑end closing process, the department of health and human services, with the approval of the state budget director, is authorized to realign sources between other federal, TANF, and capped federal financing authorizations in order to maximize federal revenues. This realignment of financing shall not produce a gross increase or decrease in the department of health and human services’ total individual line‑item authorizations, nor will it produce a net increase or decrease in total federal revenues, or a net increase in TANF authorization. (2) Not later than November 30, the department of health and human services shall submit to the house and senate appropriations subcommittees on the department budget, the house and senate fiscal agencies, and the house and senate policy offices a report on the realignment of federal fund sources that took place as part of the year‑end closing process for the previous fiscal year. Sec. 302. The unexpended funds appropriated in part 1 for health plan services are considered work project appropriations, and any unencumbered or unallotted funds are carried forward into the succeeding fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the project to be carried forward is to support education about immunization. (b) The project will be accomplished by contract with Medicaid health plans. (c) The total estimated cost of the project is $500,000.00. (d) The tentative completion date is September 30, 2017. Sec. 303. A community mental health services program (CMHSP) shall provide at least 30 days’ notice before reducing, terminating, or suspending services provided by a CMHSP to CMHSP clients, with the exception of services authorized by a physician that no longer meet established criteria for medical necessity. Sec. 304. The department of health and human services may issue a request for proposal for conducting home help aide criminal history background checks for individual providers and requiring agency providers to conduct criminal history checks for their employees and subcontractors. Sec. 305. From the funds appropriated in part 1 for special project – groundwater contamination, the department of health and human services shall work with the department of environmental quality to provide all of the following for residents affected by groundwater contaminated by perfluorinated compounds in a county with fewer than 8,700 residents according to the most recent decennial census: (a) Water filters. (b) Water quality monitoring. (c) A long‑term alternative public water supply. Sec. 306. Hospitals receiving medical services payments for graduate medical education shall submit fully completed quality data to a nonprofit organization with extensive experience in collecting and reporting hospital quality data on a public website. The reporting must utilize consensus‑based nationally endorsed standards that meet National Quality Forum‑endorsed safe practices. The organization collecting the data must be an organization that uses severity‑adjusted risk models and measures that will help patients and payers identify hospital campuses likely to have superior outcomes. The public website shall provide information to allow consumers to compare safe practices by hospital campus, including, but not limited to, perinatal care, hospital‑acquired infection, and serious reportable events. Hospitals receiving medical services payments for graduate medical education shall also make their fully completed quality data available on the hospital’s website. DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES Sec. 401. The department of insurance and financial services may make available to interested entities customized listings of nonconfidential information in its possession. The department may establish and collect a reasonable charge to provide this service. The revenue from this service is appropriated when received and shall be used to offset expenses. Any balance of this revenue collected and unexpended at the end of the fiscal year shall lapse to the appropriate restricted fund. Sec. 402. Of the amount appropriated in part 1 for the autism coverage fund, $2,225,000.00 is appropriated and may be expended from the fund by the department as provided in the autism coverage reimbursement act, 2012 PA 101, MCL 550.1831 to 550.1841, for approved autism coverage reimbursement claims received. Sec. 403. The appropriations in section 402 from the autism coverage fund for payment of claims as provided in the autism coverage reimbursement act, 2012 PA 101, MCL 550.1831 to 550.1841, shall not be expended until Senate Bill No. 1007 of the 98th Legislature is enacted into law allowing for pro rata payments of approved claims received prior to April 30, 2016. LEGISLATURE Sec. 501. The appropriations in part 1 for senate and house of representatives redistricting shall be used for purchasing equipment, supplies, and services needed for tracking and reporting census and reapportionment information for this No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1335 state. These funds are designated as work project appropriations in accordance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a, and shall not lapse at the end of the fiscal year. The total cost is estimated at $450,000.00, and the tentative completion date is September 30, 2020. Sec. 502. The appropriation in part l for the legislative IT systems design project shall be used for the design, development, and implementation of a legislative computer system. Funds described in this section shall not be expended without written approval of the senate majority leader or his or her designee, the speaker of the house of representatives or his or her designee, and the legislative council administrator or his or her designee. The appropriations described in this section are designated as work project appropriations in accordance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a, and shall not lapse at the end of the fiscal year. The unexpended portion of these funds shall continue to be available for expenditure until the project has been completed. The total cost is estimated at $3,000,000.00, and the tentative completion date is September 30, 2019. Sec. 503. The appropriations in part 1 for the criminal justice policy commission will allow the commission to perform its duties as designated in section 32a of the code of criminal procedure, 1927 PA 175, MCL 769.32a. These funds are designated as work project appropriations in accordance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a, and shall not lapse at the end of the fiscal year. The total cost is estimated at $500,000.00, and the tentative completion date is September 30, 2019. Sec. 504. The appropriations in part 1 to the state capitol historic site, for restoration, renewal and maintenance, shall be used to purchase equipment and services for building maintenance in order to ensure a safe and productive work environment. These funds are designated as work project appropriations in accordance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a, and shall not lapse at the end of the fiscal year. The total cost is estimated at $3,250,000.00, and the tentative completion date is September 30, 2020. DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS Sec. 601. The unexpended funds appropriated in part 1 for first responder presumed coverage claims are considered work project appropriations, and any unencumbered or unallotted funds are carried forward into the succeeding fiscal year. The following is in compliance with section 451a(1) of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the project to be carried forward is to provide for the payment of approved claims from the first responder presumed coverage fund pursuant to section 405 of the worker’s disability compensation act of 1969, 1969 PA 317, MCL 418.405. (b) The project will be accomplished by state employees. (c) The total estimated cost is $3,000,000.00. (d) The tentative completion date is September 30, 2020. DEPARTMENT OF STATE Sec. 701. The unexpended funds appropriated in part l for information technology services and projects are considered work project appropriations and any unencumbered or unallotted funds are carried forward into the succeeding fiscal year. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the project is to provide for mainframe and ExpressSOS technology upgrades necessitated by passage of Public Act 174 of 2015. (b) The project will be accomplished by contract and state employees. (c) The total estimated cost of the project is $3,800,000.00. (d) The tentative completion date is September 30, 2020. DEPARTMENT OF STATE POLICE Sec. 801. From the funds appropriated in part 1, the schedule of programs for field services includes the following: General law enforcement and criminal investigations................................................... $428,800 DEPARTMENT OF TRANSPORTATION Sec. 901. From the funds appropriated in part 1 for special projects, $2,000,000.00 is appropriated for a rural county primary road project under section 11(3)(c) of 1987 PA 231, MCL 247.911, in a county with a population of more than 26,500 but less than 27,000 according to the most recent federal decennial census. Any unexpended funds appropriated are considered work project appropriations, and any unencumbered or unallotted funds are carried forward into the succeeding fiscal year. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the project is to fund special projects. (b) The project will be accomplished by contract or grant. (c) The total estimated cost of the project is $2,000,000.00. (d) The tentative completion date is September 30, 2017. REPEALERS Sec. 1001. (1) Section 831 of article VIII of 2015 PA 84 is repealed. (2) Sections 1182 and 1805 of article X of 2015 PA 84 are repealed. 1336 JOURNAL OF THE SENATE [June 8, 2016] ARTICLE XXI SUPPLEMENTAL APPROPRIATIONS PART 1 LINE‑ITEM APPROPRIATIONS FOR FISCAL YEAR 2015‑2016 [No. 57 Sec. 101. There is appropriated for various state departments and agencies to supplement appropriations for the fiscal year ending September 30, 2016, from the following funds: APPROPRIATION SUMMARY Full‑time equated classified positions................................................................................. 4.0 GROSS APPROPRIATION.......................................................................................................... $ 114,320,000 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 0 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 114,320,000 Federal revenues: Total federal revenues................................................................................................................... 25,700,000 Special revenue funds: Total local revenues...................................................................................................................... 0 Total private revenues................................................................................................................... 0 Total other state restricted revenues............................................................................................. 1,300,000 State general fund/general purpose.............................................................................................. $ 87,320,000 Sec. 102. DEPARTMENT OF ATTORNEY GENERAL (1) APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ 1,300,000 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 0 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 1,300,000 Federal revenues: Total federal revenues................................................................................................................... 0 Special revenue funds: Total local revenues...................................................................................................................... 0 Total private revenues................................................................................................................... 0 Total other state restricted revenues............................................................................................. 1,300,000 State general fund/general purpose.............................................................................................. $ 0 (2) ATTORNEY GENERAL OPERATIONS Drinking water declaration of emergency legal services.............................................................. $ 1,300,000 GROSS APPROPRIATION.......................................................................................................... $ 1,300,000 Appropriated from: Special revenue funds: Lawsuit settlement proceeds fund................................................................................................ 1,300,000 State general fund/general purpose.............................................................................................. $ 0 Sec. 103. DEPARTMENT OF EDUCATION (1) APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ 25,600,000 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 0 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 25,600,000 Federal revenues: Total federal revenues................................................................................................................... 19,600,000 Special revenue funds: Total local revenues...................................................................................................................... 0 Total private revenues................................................................................................................... 0 Total other state restricted revenues............................................................................................. 0 State general fund/general purpose.............................................................................................. $ 6,000,000 (2) CENTRAL SUPPORT Drinking water declaration of emergency.................................................................................... $ 25,600,000 GROSS APPROPRIATION.......................................................................................................... $ 25,600,000 Appropriated from: Federal revenues: Federal revenues........................................................................................................................... 19,600,000 State general fund/general purpose.............................................................................................. $ 6,000,000 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1337 For Fiscal Year Ending Sept. 30, 2016 Sec. 104. DEPARTMENT OF ENVIRONMENTAL QUALITY (1) APPROPRIATION SUMMARY Full‑time equated classified positions................................................................................. 4.0 GROSS APPROPRIATION.......................................................................................................... $ Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... ADJUSTED GROSS APPROPRIATION..................................................................................... $ Federal revenues: Total federal revenues................................................................................................................... Special revenue funds: Total local revenues...................................................................................................................... Total private revenues................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ (2) RESOURCE MANAGEMENT DIVISION Full‑time equated classified positions................................................................................. 4.0 Drinking water declaration of emergency—4.0 FTE positions.................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ Sec. 105. DEPARTMENT OF HEALTH AND HUMAN SERVICES (1) APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... ADJUSTED GROSS APPROPRIATION..................................................................................... $ Federal revenues: Total federal revenues................................................................................................................... Special revenue funds: Total local revenues...................................................................................................................... Total private revenues................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ (2) LOCAL HEALTH ADMINISTRATION AND GRANTS Drinking water declaration of emergency.................................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: Federal revenues: Social security act, temporary assistance for needy families....................................................... State general fund/general purpose.............................................................................................. $ Sec. 106. DEPARTMENT OF NATURAL RESOURCES (1) APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... ADJUSTED GROSS APPROPRIATION..................................................................................... $ Federal revenues: Total federal revenues................................................................................................................... Special revenue funds: Total local revenues...................................................................................................................... Total private revenues................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ (2) DEPARTMENT INITIATIVES Drinking water declaration of emergency.................................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ 33,350,000 0 33,350,000 0 0 0 0 33,350,000 33,350,000 33,350,000 33,350,000 14,790,000 0 14,790,000 6,100,000 0 0 0 8,690,000 14,790,000 14,790,000 6,100,000 8,690,000 250,000 0 250,000 0 0 0 0 250,000 250,000 250,000 1338 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 For Fiscal Year Ending Sept. 30, 2016 Appropriated from: State general fund/general purpose.............................................................................................. $ Sec. 107. DEPARTMENT OF STATE POLICE (1) APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... ADJUSTED GROSS APPROPRIATION..................................................................................... $ Federal revenues: Total federal revenues................................................................................................................... Special revenue funds: Total local revenues...................................................................................................................... Total private revenues................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ (2) SPECIALIZED SERVICES Drinking water declaration of emergency.................................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ Sec. 108. DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET (1) APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... ADJUSTED GROSS APPROPRIATION..................................................................................... $ Federal revenues: Total federal revenues................................................................................................................... Special revenue funds: Total local revenues...................................................................................................................... Total private revenues................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ (2) ONE‑TIME BASIS ONLY APPROPRIATIONS Drinking water declaration of emergency reserve fund............................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ Sec. 109. DEPARTMENT OF TREASURY (1) APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... ADJUSTED GROSS APPROPRIATION..................................................................................... $ Federal revenues: Total federal revenues................................................................................................................... Special revenue funds: Total local revenues...................................................................................................................... Total private revenues................................................................................................................... Total other state restricted revenues............................................................................................. State general fund/general purpose.............................................................................................. $ (2) ONE‑TIME BASIS ONLY APPROPRIATIONS Drinking water declaration of emergency.................................................................................... $ GROSS APPROPRIATION.......................................................................................................... $ Appropriated from: State general fund/general purpose.............................................................................................. $ 250,000 6,000,000 0 6,000,000 0 0 0 0 6,000,000 6,000,000 6,000,000 6,000,000 18,900,000 0 18,900,000 0 0 0 0 18,900,000 18,900,000 18,900,000 18,900,000 14,130,000 0 14,130,000 0 0 0 0 14,130,000 14,130,000 14,130,000 14,130,000 No. 57] [June 8, 2016] JOURNAL OF THE SENATE PART 2 PROVISIONS CONCERNING APPROPRIATIONS FOR FISCAL YEAR 2015‑2016 1339 GENERAL SECTIONS Sec. 201. In accordance with the provisions of section 30 of article IX of the state constitution of 1963, total state spending from state resources in this part for the fiscal year ending September 30, 2016 is $88,620,000.00 and state appro­priations paid to local units of government are $46,500,000.00. The itemized statement below identifies departments from which spending to local units of government will occur: Department of environmental quality............................................................................................ $ 31,100,000 Department of health and human services..................................................................................... 2,650,000 Department of treasury.................................................................................................................. 12,750,000 Total state spending to local units................................................................................................. $ 46,500,000 Sec. 202. The appropriations authorized under this part and part 1 are subject to the management and budget act, 1984 PA 431, MCL 18.1101 to 18.1594. DEPARTMENT OF ATTORNEY GENERAL Sec. 301. From the lawsuit settlement proceeds fund appropriated in part 1, the department of attorney general may spend the funds for the costs of all associated expenses related to the declaration of emergency due to drinking water contamination up to $1,300,000.00. DEPARTMENT OF EDUCATION Sec. 401. (1) From the funds appropriated in part 1 for the drinking water declaration of emergency, the department of education shall allocate funding to address the child care and nutrition needs in the city in which a drinking water declaration of emergency was issued. Funds shall be used to support the following activities in the city: (a) Pilot the expansion of the child development and care eligibility to children ages 0 to 3 for 1/2‑day child care services by increasing the household income entrance threshold to 300% of the federal poverty guidelines. (b) Pilot the expansion of child development and care eligibility to support the purposes of the Early Childhood Education Partnership in an amount agreed to by the signatory parties of the Vision for an Early Childhood Education Partnership. (c) Provide information to child care providers on identification and intervention services for children demonstrating developmental delays associated with exposure to lead. (d) Provide additional reimbursements for meals to ensure that children receive additional servings of fresh fruits and vegetables. (e) Expand existing pilot programs to allow families with children to purchase fresh fruits and vegetables and implement a voucher program based on existing models to allow families to purchase produce at local farmers’ markets. (f) Coordinate with local organizations to expand home delivery of fresh fruits and vegetables. (2) The department of education shall amend definitions and eligibility requirements in the child care and development fund state plan as necessary to implement this section. (3) From the funds appropriated in part 1, the department of education is authorized to make allocations of federal temporary assistance to needy families funds for food and nutrition needs provided to families meeting eligibility requirements under that program. The department of education shall work with the department of health and human services to utilize federal funds to the maximum extent possible, including, if necessary, revision to the temporary assistance to needy families state plan to expand eligibility to needy families impacted by the emergency. Sec. 402. (1) From the funds appropriated in part 1 for the drinking water declaration of emergency, there is allocated $8,000,000.00 in federal child care and development funds for emergency needs. (2) The unexpended funds appropriated for the drinking water declaration of emergency for emergency needs are designated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 45la of the management and budget act, 1984 PA 431, MCL 18.145la: (a) The purpose of the project is to provide for children impacted by the drinking water declaration of emergency. (b) The projects will be accomplished by utilizing state employees or contracts with service providers, or both. (c) The total estimated cost of the project is $8,000,000.00. (d) The tentative completion date is September 30, 2018. DEPARTMENT OF ENVIRONMENTAL QUALITY Sec. 501. From the funds appropriated in part 1 for the drinking water declaration of emergency, the department of environmental quality is authorized to pay up to $3,900,000.00 to the municipal water system. The payments shall only be made once a legally executable agreement has been reached between the parties. These funds are intended to pay service costs from July 2016 through September 30, 2016. Sec. 502. From the funds appropriated in part 1 for the drinking water declaration of emergency, the department of environmental quality shall allocate funds to address needs related to the declaration of emergency for drinking water contamination. These funds may support, but are not limited to, the following activities: (a) Water system needs. (b) Water response team. 1340 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Sec. 503. (1) From the funds appropriated in part 1 for the drinking water declaration of emergency, the department of environmental quality shall grant $25,000,000.00 to a city in which a declaration of emergency due to drinking water contamination was issued. The funds shall be provided for service line removal based on a signed grant agreement between the state and the city. (2) The city shall provide a work plan with a list of addresses for the lines that are planned to be replaced prior to execution of the grant agreement. (3) A total of $5,000,000.00 shall be paid to the city upon execution of the grant agreement. Additional funding will be provided on a reimbursement basis. (4) Reimbursements to the city shall not exceed $5,000.00 per address unless prior authorization by this state has been granted. (5) The $25,000,000.00 shall not be used for reimbursement of any permitting fees charged by the city. (6) Any funds not spent or encumbered by that city for lead service line replacement by September 30, 2017 shall be returned to the general fund of this state. (7) Upon the city’s receipt of $10,000,000.00 of the appropriated $25,000,000.00, the office of auditor general shall conduct a preliminary audit of the city’s use of the funds. (8) The office of auditor general shall conduct a final audit of that city’s use of the funds by January 1, 2018 and identify if any funds need to be returned to this state. DEPARTMENT OF HEALTH AND HUMAN SERVICES Sec. 601. From the funds appropriated in part 1 for the drinking water declaration of emergency, the department of health and human services shall allocate funds to address needs related to the declaration of emergency for drinking water contamination. These funds shall be used to support the following activities: (a) Nutrition support, food banks, and community education. (b) Intensive services and outreach for children, including evidence‑based home visiting programs. (c) Assessment of potential linkages between the drinking water declaration of emergency and diseases in Flint residents. (d) Support for child and adolescent health centers and the children’s healthcare access program. (e) Interpretation services. (f) Childhood lead poisoning prevention program. Sec. 602. (1) For the fiscal year ending September 30, 2016, from the funds appropriated in part 1, $6,100,000.00 in federal temporary assistance for needy families funds shall be allocated for emergency needs. (2) The unexpended funds appropriated for drinking water declaration of emergency are redesignated as a work project appropriation, and any unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures for projects under this section until the projects have been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the project is to provide for children impacted by the declaration of emergency for drinking water contamination. (b) The projects will be accomplished by utilizing state employees or contracts with service providers, or both. (c) The total estimated cost of the project is $6,100,000.00. (d) The tentative completion date is September 30, 2018. Sec. 603. For all licensed private child welfare agencies under contract with the department of health and human services to provide foster care, independent living, and residential treatment services in the water catchment area of a city in which a drinking water declaration of emergency was issued, the department of health and human services shall compensate the licensed private child welfare agencies for the increased level of required care and supervision mandated by the department of health and human services for the children and youth in the care of the licensed private child welfare agencies by providing a lump‑sum payment in the amount of $321,000.00 distributed to the licensed private child welfare agencies in the water catchment area of a city in which a drinking water declaration of emergency was issued based on days of care provided between January 11, 2016 and May 31, 2016. This payment shall be paid to the licensed private child welfare agencies within 30 days of the effective date of this act. DEPARTMENT OF NATURAL RESOURCES Sec. 701. From the funds appropriated in part 1 for the drinking water declaration of emergency, the department of natural resources shall allocate funds to address needs related to the declaration of emergency for drinking water contamination. These funds shall support a limited summer youth employment program. DEPARTMENT OF STATE POLICE Sec. 801. From the funds appropriated in part 1 for the drinking water declaration of emergency, the department of state police shall allocate funds related to the declaration of emergency. These funds may support, but are not limited to, purchases of water and replacement filter cartridges. DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET Sec. 901. (1) The drinking water declaration of emergency reserve fund is created within the state treasury. (2) From the funds appropriated in part 1 for the drinking water declaration of emergency reserve fund, $18,900,000.00 shall be deposited into the drinking water declaration of emergency reserve fund. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1341 (3) Funds may only be spent from the drinking water declaration of emergency reserve fund upon appropriation, or legislative transfer pursuant to the section 393 of the management and budget act, 1984 PA 431, MCL 18.1393. (4) Interest and earnings from the investment of funds deposited in the drinking water declaration of emergency reserve fund shall be deposited in the general fund. (5) Funds in the drinking water declaration of emergency reserve fund at the close of a fiscal year shall remain in the drinking water declaration of emergency reserve fund and shall not lapse to the general fund. Sec. 902. (1) From the funds appropriated in part 1 for the drinking water declaration of emergency reserve fund, the department of technology, management, and budget may contract with an integrity oversight monitor to ensure legal compliance, detect misconduct, and promote best practices in the expenditure of the funds appropriated under part 1 as determined by the department of technology, management, and budget. The integrity oversight monitor shall supplement this state’s existing compliance control mechanisms to prevent the inefficient expenditure of state funds. (2) The integrity oversight monitor shall be selected by the department of technology, management, and budget from a list of 1 or more integrity oversight monitors created and maintained by the department of technology, management, and budget. (3) A person may not interfere with, prevent, or prohibit the integrity oversight monitor from carrying out its duties as established in this section and set by the department of technology, management, and budget. (4) All departments, state agencies, committees, commissioners, or officers of this state and any political subdivision of this state, so far as is compatible with their duties, shall give the integrity oversight monitor any necessary assistance required by the integrity oversight monitor in the performance of the duties of the integrity oversight monitor. (5) The integrity oversight monitor shall communicate with and coordinate its activities with the auditor general and office of internal audit services to ensure against any duplication of efforts. (6) Not later than September 30, the integrity oversight monitor shall provide a detailed report to the governor, the department of technology, management, and budget, the secretary of the senate, the clerk of the house of representatives, and the chairpersons of the senate and house of representatives committees on appropriations. The report shall contain all of the following: (a) Detail of the integrity oversight monitor’s services for the current fiscal year. (b) Details of findings of malfeasance or inefficiency. (c) Recommendations for corrective actions by any governmental entities. (7) Not later than March 30 of each year that the contract is in effect, and not later than September 30 of each year that the contract is in effect, the integrity oversight monitor shall provide a detailed report to the governor, the department of technology, management, and budget, the secretary of the senate, the clerk of the house of representatives, and the chairpersons of the senate and house of representatives committees on appropriations. The report shall contain all of the following: (a) Detail of the integrity oversight monitor’s services during the 6‑month period. (b) Detail of the integrity oversight monitor’s services over the duration of the contract. (c) Details of findings of malfeasance or inefficiency. (d) Recommendations for corrective actions by any governmental entities. (8) As used in this section, “integrity oversight monitor” means a private entity that contracts to provide specialized services to ensure legal compliance, detect misconduct, and promote best practices in the administration of recovery and rebuilding projects, which services may include, but shall not be limited to, legal, investigative, accounting, forensic accounting, engineering, other professional specialties, risk assessment, developing compliance system constructs, loss prevention, monitoring, contract managers, and independent private inspectors general. DEPARTMENT OF TREASURY Sec. 1001. (1) From the funds appropriated in part 1 for the drinking water declaration of emergency, up to $12,750,000.00 shall be allocated to reimburse the water enterprise fund of the city in which a drinking water declaration of emergency was issued in an amount equal to credits posted to its customers’ accounts in accordance with section 1002. (2) The department of treasury shall report quarterly to the senate and house appropriations committees, the senate and house fiscal agencies, and the state budget director on the distribution of the funds allocated pursuant to this part and part 1. Sec. 1002. (1) There shall be no administrative charges, from any entity, from the funds appropriated in part 1 and described in section 1001. (2) There shall be no expenditures from the funds appropriated in part 1 and described in section 1001 without specific authorization by the state treasurer. (3) All unexpended funds from the appropriation in part 1 and described in section 1001, as of December 31, 2016, shall lapse to the general fund. (4) The credit to a water customer’s account shall be equal to the following: (a) For a residential customer, an amount determined by the state treasurer not to exceed 65% of the amount billed for water from the beginning of the billing period containing April 30, 2014 to no later than December 31, 2016. (b) For all other customers, an amount determined by the state treasurer not to exceed 20% of the amount billed for water from the beginning of the billing period containing April 30, 2014 to no later than December 31, 2016. 1342 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (5) Credits for sewer services are not to be reimbursed under this section or section 1001. (6) The amount of the credits calculated under subsection (4) shall reflect rates consistent with the rates paid at the time of billing. (7) Reimbursement to the water enterprise fund of the city in which a drinking water declaration of emergency was issued in an amount equal to credits posted after September 1, 2016 to its customer accounts in accordance with section 1001 can only be made if the overall collection rate for combined water and sewer billings exceeds 70%. The state treasurer may modify or waive this provision at the request of the city in which a drinking water declaration of emergency was issued. The state treasurer shall notify the house and senate appropriation committees, the house and senate fiscal agencies, and the state budget director within 15 days of any modification or waiver under this subsection. (8) The state treasurer shall submit monthly performance reports to the house and senate appropriation committees, the house and senate fiscal agencies, and the state budget director detailing the overall collection rate for combined water and sewer billings and the collection rates for each distinct customer class of a city in which a drinking water declaration of emergency was issued. (9) The state treasurer, or his or her designee, and the auditor general may audit transactions provided for under this section and section 1001 at their discretion. Sec. 1003. From the funds appropriated in part 1 for the drinking water declaration of emergency, the department of treasury shall allocate funds for purposes related to the drinking water declaration of emergency. These funds may support, but are not limited to, Mission Flint costs. Third: That the House and Senate agree to the title of the bill to read as follows: A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, capital outlay, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2016 and September 30, 2017 and for other fiscal years; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts. Al Pscholka Jon Bumstead Harvey Santana Conferees for the House Dave Hildenbrand Arlan B. Meekhof Vincent Gregory Conferees for the Senate he question being on the adoption of the conference report, T The first conference report was adopted, a majority of the members serving voting therefor, as follows: Roll Call No. 416 Yeas—26 Ananich Hertel MacGregor Robertson Bieda Hildenbrand Marleau Rocca Booher Horn Meekhof Schuitmaker Brandenburg Jones Nofs Shirkey Green Knezek O’Brien Stamas Gregory Knollenberg Proos Zorn Hansen Kowall Nays—11 Casperson Hood Johnson Warren Colbeck Hopgood Pavlov Young Emmons Hune Schmidt Excused—0 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1343 Not Voting—0 In The Chair: O’Brien enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. Protest Senator Colbeck, under his constitutional right of protest (Art. 4, Sec. 18), protested against the adoption of the first conference report on House Bill No. 5294 and moved that the statement he made during the discussion of the conference report be printed as his reasons for voting “no.” The motion prevailed. Senator Colbeck’s statement is as follows: Last year, we passed out a $53.6 billion budget. This year, we have before us a $54.9 billion budget overall that represents an increase of $1.3 billion. How did we prioritize the spending of this increase? Whose best interests were satisfied by this prioritization? Was it taxpayers? Was it our families struggling make ends meet? Was it small businesses struggling with the higher costs of health care, energy, and government? Was it special interests? Let’s take a look at some specifics to help us determine the answer to these questions. First, let’s look at some specific items that were dropped from the budget because they were not a priority for an influential few. The Direct Primary Care Services Medicaid Pilot was dropped. This pilot would have enrolled 2,400 Medicaid-eligible persons into health plans that provided primary care services within a direct primary care model while using existing managed care organization health plans to address any nonprimary care services that might be required. The pilot had the potential to improve the health care for Medicaid enrollees while saving taxpayers millions of dollars. If this approach were to be fully deployed to all 2.4 million Medicaid enrollees, not only would these enrollees have received better care, but taxpayers could have saved almost $3.5 billion from our $17.5 billion Medicaid budget on an annual basis. These savings, these improved services, were not a priority. Do you know who was a priority? Special interests. So much for the taxpayer. So much for those in need of quality health care. What else was dropped? Life cycle testing of cost-effective, long-life pavement designs was dropped from the Transportation budget. This test would have provided the Michigan Department of Transportation with data to support assertions of longer road life for pavement featuring a cement hydration catalyst and sealant. Road designs featuring this mix are supported by anecdotal data suggesting that for as little as 15 percent more upfront costs, roads could last up to four times as long. If we were to validate these assertions in a controlled lab environment, it would have helped make the definitive case to convert our maintenance interests. So much for the taxpayer. So much for an opportunity to see higher-quality roads and less orange barrels. OK, so times are tight. Perhaps we simply couldn’t afford these projects. The DPCS Medicaid Pilot was priced out at $800,000 per year for the next three years. The high-quality road test had no price tag in the budget but may have run as much as $500,000. The budget before us asserts that we cannot afford this $1.3 million allocation within our $1.3 billion budget increase. What could we afford? How about $800,000 for the owners of the Michigan International Speedway? Traffic control for a single business is obviously more important that life-saving health care for low-income Medicaid enrollees. How about the $12 million in special grants? These special grants include $950,000 for a financially-distressed city that has a level 3, high priority capital improvement. It appears that some cities are more special than others. Or how about the additional $72 million handed out to Detroit Public Schools in addition to its foundation allowance? It appears that some school districts are more special than others. It comes down to priorities. This budget makes special interests our priority. I’ve been in the State Senate for almost six years. When are we going to make taxpayers our priority? You and I are supposed to be their lobbyists. When was the last time we made them feel special? We had an opportunity to do that this budget cycle by taking steps to decrease the price of government by $4.5 billion. We could have done so without getting rid of any services. In fact, we would have improved government services. Instead, we increased the price of government by $1.3 billion with no signs of improvement on the horizon. We blew it this year. Next year, we need to make sure that our taxpayers are our first priority for a change. The President pro tempore, Senator Schuitmaker, resumed the Chair. 1344 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that the following bills, now on the order of General Orders, be referred to the Committee on Appropriations: Senate Bill No. 782, entitled A bill to make appropriations for the department of agriculture and rural development for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. Senate Bill No. 797, entitled A bill to make appropriations for the department of state police for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. Senate Bill No. 794, entitled A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. Senate Bill No. 799, entitled A bill to make appropriations for the state transportation department for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. Senate Bill No. 789, entitled A bill to make appropriations for the department of health and human services for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. Senate Bill No. 791, entitled A bill to make appropriations for the department of insurance and financial services for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. Senate Bill No. 785, entitled A bill to make appropriations for the department of corrections for the fiscal year ending September 30, 2017; and to provide for the expenditure of the appropriations. Senate Bill No. 788, entitled A bill to make appropriations for the legislature, the executive, the department of attorney general, the department of state, the department of treasury, the department of technology, management, and budget, the department of civil rights, the department of talent and economic development, and certain state purposes related thereto for the fiscal year ending September 30, 2017; to provide for the expenditure of the appropriations; to provide for the disposition of fees and other income received by the state agencies; and to declare the effect of this act. House Bill No. 5291, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 4, 6, 11, 11a, 11j, 11k, 11m, 15, 18, 19, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25f, 25g, 26a, 26b, 26c, 31a, 31c, 31d, 31f, 32d, 32p, 35, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 55, 56, 61a, 61b, 62, 64b, 65, 67, 74, 81, 94, 94a, 98, 99h, 99s, 101, 102d, 104, 107, 147, 147a, 147c, 152a, 166, 201, 201a, 202a, 203, 206, 207a, 207b, 207c, 209, 210b, 210c, 217, 219, 220, 222, 223, 224, 225, 226, 229a, 230, 236, 236a, 236b, 236c, 237b, 238, 241, 246, 251, 252, 254, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 274c, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 289, and 290 (MCL 388.1604, 388.1606, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1619, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622g, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631c, 388.1631d, No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1345 388.1631f, 388.1632d, 388.1632p, 388.1635, 388.1635a, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1655, 388.1656, 388.1661a, 388.1661b, 388.1662, 388.1664b, 388.1665, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1698, 388.1699h, 388.1699s, 388.1701, 388.1702d, 388.1704, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1766, 388.1801, 388.1801a, 388.1802a, 388.1803, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810b, 388.1810c, 388.1817, 388.1819, 388.1820, 388.1822, 388.1823, 388.1824, 388.1825, 388.1826, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1837b, 388.1838, 388.1841, 388.1846, 388.1851, 388.1852, 388.1854, 388.1856, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1874c, 388.1875, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, 388.1889, and 388.1890), sections 4, 203, 219, 220, 223, 238, 251, and 254 as amended and section 237b as added by 2012 PA 201, section 6 as amended by 2016 PA 56, sections 11, 21f, 31a, 32d, and 107 as amended by 2015 PA 139, sections 11a, 11j, 11k, 11m, 15, 20, 20d, 20f, 20g, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25f, 26a, 26b, 26c, 31d, 31f, 32p, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b, 74, 81, 94, 94a, 98, 99h, 101, 104, 147, 147a, 147c, 152a, 201, 201a, 206, 207a, 207b, 207c, 209, 210b, 217, 222, 225, 226, 229a, 230, 236, 236a, 236b, 236c, 241, 246, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 25g, 31c, 35, 35a, 55, 61b, 65, 67, 99s, 102d, 210c, and 274c as added by 2015 PA 85, section 18 as amended by 2015 PA 114, sections 19, 202a, 224, and 275 as amended by 2014 PA 196, section 166 as amended by 1996 PA 300, and sections 289 and 290 as amended by 2013 PA 60, and by adding sections 11o, 11s, 20j, 21, 21g, 31b, 54b, 61c, 95b, 99t, 152b, and 167a; and to repeal acts and parts of acts. The motion prevailed. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 914, entitled A bill to amend 1976 PA 390, entitled “Emergency management act,” by amending section 18 (MCL 30.418), as amended by 2013 PA 109. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: House Bill No. 5189 House Bill No. 5190 House Bill No. 5191 House Bill No. 5706 House Bill No. 5631 House Bill No. 5562 Senate Bill No. 1007 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: House Bill No. 5189, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 36101, 36104, 36109, 36110, 36111, and 36202 (MCL 324.36101, 324.36104, 324.36109, 324.36110, 324.36111, and 324.36202), section 36101 as amended by 2008 PA 336, sections 36104 and 36110 as amended by 1996 PA 233, section 36109 as amended by 2007 PA 174, section 36111 as amended by 2011 PA 79, and section 36202 as amended by 2013 PA 86; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1346 Roll Call No. 417 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Emmons Hune Nofs Stamas Green Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Nays—1 Colbeck Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5190, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 51 (MCL 206.51), as amended by 2015 PA 180, and by adding section 312. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 418 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Emmons Hune Nofs Stamas Green Johnson O’Brien Warren No. 57] Gregory Hansen [June 8, 2016] JOURNAL OF THE SENATE Jones Knezek 1347 Pavlov Young Proos Zorn Nays—1 Colbeck Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5191, entitled A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 30 (MCL 205.30), as amended by 2014 PA 424. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 419 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen 1348 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5706, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 819 (MCL 257.819), as amended by 2009 PA 137. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 420 Yeas—35 Ananich Hansen Knezek Proos Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Rocca Brandenburg Hood MacGregor Schmidt Casperson Hopgood Marleau Schuitmaker Colbeck Horn Meekhof Shirkey Emmons Hune Nofs Stamas Green Johnson O’Brien Zorn Gregory Jones Pavlov Nays—2 Warren Young Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1349 chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5631, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 50507 (MCL 324.50507), as amended by 2004 PA 124. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 421 Yeas—34 Ananich Hansen Knollenberg Proos Bieda Hertel Kowall Robertson Booher Hildenbrand MacGregor Rocca Brandenburg Hopgood Marleau Schmidt Casperson Horn Meekhof Schuitmaker Colbeck Hune Nofs Shirkey Emmons Johnson O’Brien Stamas Green Jones Pavlov Zorn Gregory Knezek Nays—2 Hood Warren Excused—0 Not Voting—1 Young In The Chair: Schuitmaker enator Hood moved that Senator Young be temporarily excused from the balance of today’s session. S The motion prevailed. he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the 1350 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. By unanimous consent the Senate proceeded to the order of Statements Senator O’Brien asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator O’Brien’s statement is as follows: Today is another sad day for my community. Kalamazoo County again experienced a senseless tragedy. Nine people were randomly attacked while they were enjoying a weekly bicycle ride. They were part of the Chain Gang Bicycle Club. Five died last night. They were mothers, fathers, grandfathers, and spouses. The five who died include Debra Bradley, Melissa Fevig-Hughes, and Suzanne Joan Sippel, all of Augusta; and Tony Nelson and Larry Paulik of Kalamazoo. Four more were seriously injured. They include Paul Gobble, Sheila Jeske, and Paul Runnels, all of Richland; and Jennifer Johnson of Kalamazoo. Our community continues to show an ability to ban together and to stand tall no matter the tragedy, but we’re grieving and we’re hurting. I ask of you, when you go home, that you hold your loved ones close to you tonight. In my community, we’re Kalamazoo strong. I continue to pray for all of the victims and their families. A moment of silence was observed in memory of the Kalamazoo County Chain Gang Bicycle Club victims. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 8:01 p.m. 10:10 p.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. During the recess, Senator Young entered the Senate Chamber. By unanimous consent the Senate returned to the order of Messages from the House House Bill No. 5383, entitled A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending sections 2 and 9 (MCL 12.252 and 12.259), section 2 as amended and section 9 as added by 2005 PA 232, and by adding section 12. The House of Representatives has passed the bill and ordered that it be given immediate effect. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the General Orders calendar for consideration today. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 5384, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending the title and sections 3, 5, 6, 11, 11a, 501, 502, 507, 522, 528, 551, 552, 561, 654, 705, 921, 1147, 1225, 1229, 1231, 1233, 1237, 1240, 1250, 1351a, and 1356 (MCL 380.3, 380.5, 380.6, 380.11, 380.11a, 380.501, 380.502, 380.507, 380.522, 380.528, 380.551, 380.552, 380.561, 380.654, 380.705, 380.921, 380.1147, 380.1225, 380.1229, 380.1231, 380.1233, 380.1237, 380.1240, 380.1250, 380.1351a, and 380.1356), the title as amended by 2003 PA 179, section 3 as amended by 2007 PA 45, section 5 as amended by 2011 PA 232, sections 6 and 1250 as amended by 2009 PA 205, section 11 as amended by 1995 PA 289, No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1351 section 11a as amended by 2010 PA 91, sections 501, 502, 507, 522, 528, 551, and 561 as amended by 2011 PA 277, section 552 as amended by 2012 PA 129, section 705 as amended by 2003 PA 299, section 1147 as amended by 2014 PA 479, section 1225 as amended by 2012 PA 1, section 1229 as amended by 2011 PA 105, section 1231 as amended by 2002 PA 735, section 1233 as amended by 2000 PA 288, section 1237 as added by 2000 PA 387, section 1240 as added by 2004 PA 380, section 1351a as amended by 2002 PA 65, and section 1356 as amended by 2002 PA 181, and by adding sections 12b and 1233c and part 5b; and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the General Orders calendar for consideration today. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 5387, entitled A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending sections 2a and 6 (MCL 423.202a and 423.206), section 2a as added and section 6 as amended by 1994 PA 112. The House of Representatives has passed the bill and ordered that it be given immediate effect. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the General Orders calendar for consideration today. The motion prevailed, a majority of the members serving voting therefor. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Hildenbrand as Chairperson. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill: House Bill No. 5387, entitled A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending sections 2a and 6 (MCL 423.202a and 423.206), section 2a as added and section 6 as amended by 1994 PA 112. The bill was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill: House Bill No. 5383, entitled A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending sections 2 and 9 (MCL 12.252 and 12.259), section 2 as amended and section 9 as added by 2005 PA 232, and by adding section 12. The following is the amendment recommended by the Committee of the Whole: 1. Amend page 4, following line 12, by inserting: “(7) TO THE EXTENT THAT THE AMOUNT DEPOSITED INTO THE COMMUNITY DISTRICT EDUCATION TRUST FUND PURSUANT TO SUBSECTION (6) IS LESS THAN THE AMOUNT NECESSARY TO OFFSET THE ABSENCE OF LOCAL SCHOOL OPERATING REVENUE IN A COMMUNITY DISTRICT IN THE FUNDING OF THE STATE PORTION OF FOUNDATION ALLOWANCES UNDER SECTION 22B OF THE STATE SCHOOL AID ACT OF 1979, 1979 PA 94, MCL 388.1622B, AND FOR AS LONG AS THAT COMMUNITY DISTRICT IS PROHIBITED UNDER SECTION 386 OF THE REVISED SCHOOL CODE, 1976 PA 451, MCL 380.386, FROM LEVYING A SCHOOL OPERATING TAX, THE GENERAL FUND SHALL REIMBURSE THE SCHOOL AID FUND.”. The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. 1352 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 The Committee of the Whole reported back to the Senate, favorably and with amendments, the following bill: House Bill No. 5384, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending the title and sections 3, 5, 6, 11, 11a, 501, 502, 507, 522, 528, 551, 552, 561, 654, 705, 921, 1147, 1225, 1229, 1231, 1233, 1237, 1240, 1250, 1351a, and 1356 (MCL 380.3, 380.5, 380.6, 380.11, 380.11a, 380.501, 380.502, 380.507, 380.522, 380.528, 380.551, 380.552, 380.561, 380.654, 380.705, 380.921, 380.1147, 380.1225, 380.1229, 380.1231, 380.1233, 380.1237, 380.1240, 380.1250, 380.1351a, and 380.1356), the title as amended by 2003 PA 179, section 3 as amended by 2007 PA 45, section 5 as amended by 2011 PA 232, sections 6 and 1250 as amended by 2009 PA 205, section 11 as amended by 1995 PA 289, section 11a as amended by 2010 PA 91, sections 501, 502, 507, 522, 528, 551, and 561 as amended by 2011 PA 277, section 552 as amended by 2012 PA 129, section 705 as amended by 2003 PA 299, section 1147 as amended by 2014 PA 479, section 1225 as amended by 2012 PA 1, section 1229 as amended by 2011 PA 105, section 1231 as amended by 2002 PA 735, section 1233 as amended by 2000 PA 288, section 1237 as added by 2000 PA 387, section 1240 as added by 2004 PA 380, section 1351a as amended by 2002 PA 65, and section 1356 as amended by 2002 PA 181, and by adding sections 12b and 1233c and part 5b; and to repeal acts and parts of acts. The following are the amendments recommended by the Committee of the Whole: 1. Amend page 39, line 19, after the first “SECTION” by striking out “OR UNDER SECTION 507, 528, OR 561,” and inserting a comma. 2. Amend page 57, line 4, after “subgroup,” by striking out the balance of the line through “section,” on line 5. 3. Amend page 57, line 17, by striking out “If” and inserting “SUBJECT TO SUBSECTION (6), IF”. 4. Amend page 57, line 24, after “year.” by striking out “If” and inserting “SUBJECT TO SUBSECTION (6), IF”. 5. Amend page 58, following line 2, by inserting: “(6) FOR A PUBLIC SCHOOL ACADEMY OR SITE THAT IS SUBJECT TO A NOTICE TO ITS AUTHORIZING BODY UNDER THIS SUBSECTION, THE STATE SCHOOL REFORM/REDESIGN OFFICER SHALL CONSIDER OTHER PUBLIC SCHOOL OPTIONS AVAILABLE TO PUPILS IN THE GRADE LEVELS OFFERED BY THE PUBLIC SCHOOL ACADEMY OR SITE WHO RESIDE IN THE GEOGRAPHIC AREA SERVED BY THE PUBLIC SCHOOL ACADEMY OR SITE. IF THE STATE SCHOOL REFORM/REDESIGN OFFICER DETERMINES THAT CLOSURE OF THE PUBLIC SCHOOL ACADEMY OR SITE WOULD RESULT IN AN UNREASONABLE HARDSHIP TO THESE PUPILS BECAUSE THERE ARE INSUFFICIENT OTHER PUBLIC SCHOOL OPTIONS REASONABLY AVAILABLE FOR THESE PUPILS, THE STATE SCHOOL REFORM/REDESIGN OFFICER MAY RESCIND THE NOTICE. IF THE STATE SCHOOL REFORM/ REDESIGN OFFICER RESCINDS A NOTICE SUBJECTING A PUBLIC SCHOOL ACADEMY OR SITE TO CLOSURE, THE STATE SCHOOL REFORM/REDESIGN OFFICER SHALL DO SO BEFORE THE END OF THE SCHOOL YEAR. IF THE STATE SCHOOL REFORM/REDESIGN OFFICER RESCINDS A NOTICE SUBJECTING A PUBLIC SCHOOL ACADEMY OR SITE TO CLOSURE, THE STATE SCHOOL REFORM/ REDESIGN OFFICER SHALL REQUIRE THE PUBLIC SCHOOL ACADEMY OR SITE TO IMPLEMENT A SCHOOL IMPROVEMENT PLAN THAT INCLUDES MEASURES TO INCREASE PUPIL GROWTH AND IMPROVE PUPIL PROFICIENCY, WITH GROWTH AND PROFICIENCY MEASURED BY PERFORMANCE ON STATE ASSESSMENTS.” and renumbering the remaining subsections. 6. Amend page 68, line 15, after “subgroup,” by striking out the balance of the line through “section,” on line 16. 7. Amend page 69, line 1, after “BODY.” by striking out “If” and inserting “SUBJECT TO SUBSECTION (6), IF”. 8. Amend page 69, line 9, after “year.” by striking out “If” and inserting “SUBJECT TO SUBSECTION (6), IF”. 9. Amend page 69, following line 14, by inserting: “(6) FOR AN URBAN HIGH SCHOOL ACADEMY OR SITE THAT IS SUBJECT TO A NOTICE TO ITS AUTHORIZING BODY UNDER THIS SUBSECTION, THE STATE SCHOOL REFORM/REDESIGN OFFICER SHALL CONSIDER OTHER PUBLIC SCHOOL OPTIONS AVAILABLE TO PUPILS IN THE GRADE LEVELS OFFERED BY THE URBAN HIGH SCHOOL ACADEMY OR SITE WHO RESIDE IN THE GEOGRAPHIC AREA SERVED BY THE URBAN HIGH SCHOOL ACADEMY OR SITE. IF THE STATE SCHOOL REFORM/ REDESIGN OFFICER DETERMINES THAT CLOSURE OF THE URBAN HIGH SCHOOL ACADEMY OR SITE WOULD RESULT IN AN UNREASONABLE HARDSHIP TO THESE PUPILS BECAUSE THERE ARE INSUFFICIENT OTHER PUBLIC SCHOOL OPTIONS REASONABLY AVAILABLE FOR THESE PUPILS, THE STATE SCHOOL REFORM/REDESIGN OFFICER MAY RESCIND THE NOTICE. IF THE STATE SCHOOL REFORM/REDESIGN OFFICER RESCINDS A NOTICE SUBJECTING AN URBAN HIGH SCHOOL ACADEMY OR SITE TO CLOSURE, THE STATE SCHOOL REFORM/REDESIGN OFFICER SHALL DO SO BEFORE THE END OF THE SCHOOL YEAR. IF THE STATE SCHOOL REFORM/REDESIGN OFFICER RESCINDS A NOTICE SUBJECTING AN URBAN HIGH SCHOOL ACADEMY OR SITE TO CLOSURE, THE STATE SCHOOL REFORM/REDESIGN OFFICER SHALL REQUIRE THE URBAN HIGH SCHOOL ACADEMY OR SITE TO IMPLEMENT A SCHOOL IMPROVEMENT PLAN THAT INCLUDES MEASURES TO INCREASE PUPIL GROWTH AND IMPROVE PUPIL PROFICIENCY, WITH GROWTH AND PROFICIENCY MEASURED BY PERFORMANCE ON STATE ASSESSMENTS.” and renumbering the remaining subsections. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1353 10. Amend page 93, line 14, after “subgroup,” by striking out the balance of the line through “section,” on line 15. 11. Amend page 93, line 27, after “BODY.” by striking out “If” and inserting “SUBJECT TO SUBSECTION (6), IF”. 12. Amend page 94, line 7, after “year.” by striking out “If” and inserting “SUBJECT TO SUBSECTION (6), IF”. 13. Amend page 94, following line 13, by inserting: “(6) FOR A SCHOOL OF EXCELLENCE OR SITE THAT IS SUBJECT TO A NOTICE TO ITS AUTHORIZING BODY UNDER THIS SUBSECTION, THE STATE SCHOOL REFORM/REDESIGN OFFICER SHALL CONSIDER OTHER PUBLIC SCHOOL OPTIONS AVAILABLE TO PUPILS IN THE GRADE LEVELS OFFERED BY THE SCHOOL OF EXCELLENCE OR SITE WHO RESIDE IN THE GEOGRAPHIC AREA SERVED BY THE SCHOOL OF EXCELLENCE OR SITE. IF THE STATE SCHOOL REFORM/REDESIGN OFFICER DETERMINES THAT CLOSURE OF THE SCHOOL OF EXCELLENCE OR SITE WOULD RESULT IN AN UNREASONABLE HARDSHIP TO THESE PUPILS BECAUSE THERE ARE INSUFFICIENT OTHER PUBLIC SCHOOL OPTIONS REASONABLY AVAILABLE FOR THESE PUPILS, THE STATE SCHOOL REFORM/REDESIGN OFFICER MAY RESCIND THE NOTICE. IF THE STATE SCHOOL REFORM/ REDESIGN OFFICER RESCINDS A NOTICE SUBJECTING A SCHOOL OF EXCELLENCE OR SITE TO CLOSURE, THE STATE SCHOOL REFORM/REDESIGN OFFICER SHALL DO SO BEFORE THE END OF THE SCHOOL YEAR. IF THE STATE SCHOOL REFORM/REDESIGN OFFICER RESCINDS A NOTICE SUBJECTING A SCHOOL OF EXCELLENCE OR SITE TO CLOSURE, THE STATE SCHOOL REFORM/ REDESIGN OFFICER SHALL REQUIRE THE SCHOOL OF EXCELLENCE OR SITE TO IMPLEMENT A SCHOOL IMPROVEMENT PLAN THAT INCLUDES MEASURES TO INCREASE PUPIL GROWTH AND IMPROVE PUPIL PROFICIENCY, WITH GROWTH AND PROFICIENCY MEASURED BY PERFORMANCE ON STATE ASSESSMENTS.” and renumbering the remaining subsections. The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: House Bill No. 5383 House Bill No. 5384 House Bill No. 5387 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: House Bill No. 5383, entitled A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending sections 2 and 9 (MCL 12.252 and 12.259), section 2 as amended and section 9 as added by 2005 PA 232, and by adding section 12. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 422 Yeas—20 Booher Horn MacGregor Proos Brandenburg Hune Marleau Robertson Green Jones Meekhof Shirkey Hansen Knollenberg Nofs Stamas Hildenbrand Kowall O’Brien Zorn Nays—17 Ananich Gregory Bieda Hertel Casperson Hood Johnson Schmidt Knezek Schuitmaker Pavlov Warren 1354 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Colbeck Hopgood Rocca Young Emmons Excused—0 Not Voting—0 In The Chair: O’Brien enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to create certain funds; to provide for the allocation of certain revenues among certain funds and for the operation, investment, and expenditure of certain funds; and to impose certain duties and requirements on certain state officials,”. The Senate agreed to the full title. Senator Meekhof asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Meekhof’s statement is as follows: Many months of hard work and discussions will result in the passage of a legislative compromise to reform Detroit Public Schools. This package of bills resolves a half billion dollars in debt, provides resources necessary for DPS to transition to a new, debt-free district, and returns the school district to a locally-elected board at the earliest possible election date. I have to acknowledge the tireless efforts of my colleague from the 34th District. He worked hard to present a thoughtful plan that garnered bipartisan support in the Senate. However, at the end of the day, any solution for DPS must have the support of both the Senate and the House. This package we have in front of us represents a realistic compromise that will put DPS on a path for the future. I know there will be many who weigh in with opinions on how we could have done better. I know we will hear criticism about this compromise, but at the end of the day, our responsibility is to solve the problem. There are more than 45,000 students who depend upon DPS and deserve stable, quality education options. This plan provides opportunity for the students and parents of Detroit. Without legislative action, Detroit Public Schools will head toward bankruptcy. Bankruptcy of the state’s largest school district will cost billions of dollars and result in a funding cut for every student in every school district in Michigan. I ask my colleagues to join me in supporting this solution for Detroit Public Schools. It is time to give this school district an opportunity to plan for the future. The following bill was read a third time: House Bill No. 5384, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending the title and sections 3, 5, 6, 11, 11a, 501, 502, 507, 522, 528, 551, 552, 561, 654, 705, 921, 1147, 1225, 1229, 1231, 1233, 1237, 1240, 1250, 1351a, and 1356 (MCL 380.3, 380.5, 380.6, 380.11, 380.11a, 380.501, 380.502, 380.507, 380.522, 380.528, 380.551, 380.552, 380.561, 380.654, 380.705, 380.921, 380.1147, 380.1225, 380.1229, 380.1231, 380.1233, 380.1237, 380.1240, 380.1250, 380.1351a, and 380.1356), the title as amended by 2003 PA 179, section 3 as amended by 2007 PA 45, section 5 as amended by 2011 PA 232, sections 6 and 1250 as amended by 2009 PA 205, section 11 as amended by 1995 PA 289, section 11a as amended by 2010 PA 91, sections 501, 502, 507, 522, 528, 551, and 561 as amended by 2011 PA 277, section 552 as amended by 2012 PA 129, section 705 as amended by 2003 PA 299, section 1147 as amended by 2014 PA 479, section 1225 as amended by 2012 PA 1, section 1229 as amended by 2011 PA 105, section 1231 as amended by 2002 PA 735, section 1233 as amended by 2000 PA 288, section 1237 as added by 2000 PA 387, section 1240 as added by 2004 PA 380, section 1351a as amended by 2002 PA 65, and section 1356 as amended by 2002 PA 181, and by adding sections 12b and 1233c and part 5b; and to repeal acts and parts of acts. The question being on the passage of the bill, Senator Knezek offered the following substitute: Substitute (S-1). The substitute was not adopted, a majority of the members serving not voting therefor. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1355 enator Hood requested the yeas and nays. S The yeas and nays were ordered, 1/5 of the members present voting therefor. The substitute was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 423 Ananich Bieda Gregory Hansen Yeas—15 Hertel Knezek Warren Hood Marleau Young Hopgood O’Brien Zorn Johnson Rocca Nays—22 Booher Hildenbrand MacGregor Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones Pavlov Shirkey Emmons Knollenberg Proos Stamas Green Kowall Excused—0 Not Voting—0 In The Chair: O’Brien Senator Young offered the following amendment: 1. Amend page 25, following line 4, by inserting: “(15) IT IS THE INTENT OF THE LEGISLATURE THAT THE UNITED STATES DEPARTMENT OF JUSTICE SHALL CONDUCT A FORENSIC AUDIT OF ALL FINANCIAL RECORDS OF A QUALIFYING SCHOOL DISTRICT.” and renumbering the remaining subsection. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 424 Yeas—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Rocca Nays—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker 1356 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Excused—0 Not Voting—0 In The Chair: O’Brien Senator Young offered the following amendments: 1. Amend page 54, following line 12, by inserting: “(11) A PUBLIC SCHOOL ACADEMY THAT IS LOCATED IN A COMMUNITY DISTRICT SHALL NOT ENTER INTO OR RENEW A MANAGEMENT AGREEMENT WITH AN EDUCATIONAL MANAGEMENT ORGANIZATION THAT OPERATES ON A FOR-PROFIT BASIS. AS USED IN THIS SUBSECTION, “EDUCATIONAL MANAGEMENT ORGANIZATION” AND “MANAGEMENT AGREEMENT” MEAN THOSE TERMS AS DEFINED IN SECTION 503C.”. 2. Amend page 65, following line 18, by inserting: “(11) AN URBAN HIGH SCHOOL ACADEMY THAT IS LOCATED IN A COMMUNITY DISTRICT SHALL NOT ENTER INTO OR RENEW A MANAGEMENT AGREEMENT WITH AN EDUCATIONAL MANAGEMENT ORGANIZATION THAT OPERATES ON A FOR-PROFIT BASIS. AS USED IN THIS SUBSECTION, “EDUCATIONAL MANAGEMENT ORGANIZATION” AND “MANAGEMENT AGREEMENT” MEAN THOSE TERMS AS DEFINED IN SECTION 523C.”. 3. Amend page 90, following line 20, by inserting: “(24) A SCHOOL OF EXCELLENCE THAT IS LOCATED IN A COMMUNITY DISTRICT SHALL NOT ENTER INTO OR RENEW A MANAGEMENT AGREEMENT WITH AN EDUCATIONAL MANAGEMENT ORGANIZATION THAT OPERATES ON A FOR-PROFIT BASIS. AS USED IN THIS SUBSECTION, “EDUCATIONAL MANAGEMENT ORGANIZATION” AND “MANAGEMENT AGREEMENT” MEAN THOSE TERMS AS DEFINED IN SECTION 553C.”. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 425 Yeas—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1357 Excused—0 Not Voting—0 In The Chair: O’Brien Senator Young offered the following amendments: 1. Amend page 54, following line 12, by inserting: “(11) A PUBLIC SCHOOL ACADEMY THAT IS LOCATED IN A COMMUNITY DISTRICT SHALL PROVIDE TRANSPORTATION TO AND FROM SCHOOL FOR ALL PUPILS ENROLLED IN THE SCHOOL.”. 2. Amend page 65, following line 18, by inserting: “(11) AN URBAN HIGH SCHOOL ACADEMY THAT IS LOCATED IN A COMMUNITY DISTRICT SHALL PROVIDE TRANSPORTATION TO AND FROM SCHOOL FOR ALL PUPILS ENROLLED IN THE SCHOOL.”. 3. Amend page 90, following line 20, by inserting: “(24) A SCHOOL OF EXCELLENCE THAT IS LOCATED IN A COMMUNITY DISTRICT SHALL PROVIDE TRANSPORTATION TO AND FROM SCHOOL FOR ALL PUPILS ENROLLED IN THE SCHOOL.”. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 426 Yeas—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Excused—0 Not Voting—0 In The Chair: O’Brien Senator Young offered the following amendment: 1. Amend page 126, line 18, by striking out all of enacting section 2 and inserting: “Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 98th Legislature are enacted into law: (a) Senate Bill No. 711. (b) Senate Bill No. 854.”. The amendment was not adopted, a majority of the members serving not voting therefor. 1358 JOURNAL OF THE SENATE [June 8, 2016] enator Hood requested the yeas and nays. S The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 427 Yeas—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Nays—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Excused—0 Not Voting—0 In The Chair: O’Brien he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 428 Yeas—19 Booher Hune Marleau Robertson Brandenburg Jones Meekhof Shirkey Green Knollenberg Nofs Stamas Hildenbrand Kowall O’Brien Zorn Horn MacGregor Proos Nays—18 Ananich Gregory Johnson Schmidt Bieda Hansen Knezek Schuitmaker Casperson Hertel Pavlov Warren Colbeck Hood Rocca Young Emmons Hopgood Excused—0 [No. 57 No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1359 Not Voting—0 In The Chair: O’Brien The President pro tempore, Senator Schuitmaker, resumed the Chair. enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. Senator Young asked and was granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Young’s first statement is as follows: Colleagues, my amendment would task the Justice Department with performing a forensic audit of the Detroit Public Schools system. Students, parents, and teachers have been suffering the negative effects of the state takeover from 1999 and the emergency managers for years—from Engler to Snyder—this has been going on. People have been raping, robbing, pillaging, and looting the district. Not since Rome sacked Carthage, assaulted the earth, have we seen an entity be raped and pilfered and pillaged like DPS. We are talking about sewer rat, slime ball, if you stuck your fingers in the bottom of a septic tank, you would find these people who chose to rob from our school district—the dregs of society. I am talking about iniquitous beasts, known or so-called human beings. The only way to stop this is by criminal prosecution. So I ask all of my colleagues to use the accounting process for the purpose of collecting information to present to a court to hold these damnable people accountable so we can make a statement that we can stop robbing from our children without punishment, because that is what they deserve. Punishment, period. I don’t know why this is even an issue, but the fact that I’m wasting time talking about it shows how sad this is. How are we going to put DPS on a path to healing when we can’t even stop the damn EAA from stealing? Vote for my forensic audit because it is the right thing to do. Vote for my amendment if you believe in truth, justice, and the American way. enator Young’s second statement is as follows: S An excellent public education should be the right of every child in this great nation. We need to ensure that schools funded with taxpayer dollars aren’t turning a profit off the poor kids in our communities, especially if they are not performing. Under the House plan to fix the Detroit Public Schools system, charter schools can be created with little oversight or consideration. They cannot effectively operate unchecked. They are also subject to less stringent performance standards than the public schools around them. That is why I am offering an amendment that would prohibit any new for-profit charter managing company from opening a charter school or academy in Detroit. enator Young’s third statement is as follows: S Madam President, children need reliable transportation to and from school, whether public, charter, or private. Well, that’s not happening in many Detroit communities, especially those with charter schools. Data Driven Detroit shows that the median one-way commute for most student is just under three miles. Let me say that again—three miles. Three miles. That is not a walkable distance for most children. To make matters worse, 1 in 4 Detroit households do not have a car. That means it is hard for many kids to get a ride if they need one. We can’t expect kids to succeed if they don’t have the means to get to school. 1360 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 My amendment will require that charter schools provide transportation options for all of their students. This will help provide true schools of choice for all Detroit’s families. It’s time for the charter schools to put their money where their mouth is. If you really care about children, then you should provide transportation for them. It’s not that difficult. enator Young’s fourth statement is as follows: S My amendment would tie-bar this legislation to Senate Bill No. 584. Senate Bill 584 provides additional school aid funding to schools that offer expanding learning times for their students. We need to be providing kids with every chance to expand their educational opportunities. Under expanded learning time—longer school days and hours—according to the National Time and Learning Center, children in English language arts increased their scores by eight points and in math 30 points. This is what we should have included in this legislation, and we didn’t. Everywhere this has been tried, it has worked. That is what we should be doing for a change, reforms that work. So I am asking my colleagues on both sides of the aisle to join me in making sure that we propose reforms that work so that our children can learn to read, write, count, and contribute to society. We need to make the future doctors, lawyers, engineers, scientists, and scholars today. Let’s sacrifice today so that they can have a brighter tomorrow. I encourage you to vote for my amendment. The following bill was read a third time: House Bill No. 5387, entitled A bill to amend 1947 PA 336, entitled “An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; to require certain provisions in collective bargaining agreements; to prescribe means of enforcement and penalties for the violation of the provisions of this act; and to make appropriations,” by amending sections 2a and 6 (MCL 423.202a and 423.206), section 2a as added and section 6 as amended by 1994 PA 112. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 429 Yeas—23 Booher Hune Marleau Robertson Brandenburg Johnson Meekhof Schuitmaker Colbeck Jones Nofs Shirkey Emmons Knollenberg O’Brien Stamas Green Kowall Pavlov Zorn Hildenbrand MacGregor Proos Nays—14 Ananich Hansen Horn Schmidt Bieda Hertel Knezek Warren Casperson Hood Rocca Young Gregory Hopgood Excused—0 Not Voting—0 In The Chair: Schuitmaker enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1361 Protests Senators Hertel, Gregory, Knezek, Hood, Young and Hansen, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill Nos. 5383, 5384, and 5387. Senators Hertel, Knezek, Hood and Young moved that the statements they made during the discussion of House Bill No. 5383 be printed as their reasons for voting “no.” The motion prevailed. Senator Hertel’s statement, in which Senator Gregory concurred, is as follows: There are certain times when we as a legislative body must come together as one to do what is right for the future of our state. Some solutions cannot be decided by one party nor one house of the legislature. Earlier this year, we as a Senate came together across party lines to address one of the most critical issues facing our state right now—the future of the Detroit Public Schools System. We passed bipartisan legislation that would serve to reform DPS in a way that was sustainable and truly transformative. The bills we passed affirmed the positions of educators as professionals and respected local autonomy in the district. They were a path, endorsed by both Mayor Duggan and Governor Snyder, to restoring public education in Detroit to the level of esteem it once held. However, our colleagues in the House have amended this legislation to be bills of neither hope nor unison. Additionally, they have done so without any support or input from members who represent the district you say you want to fix. The House-passed legislation regarding DPS is deplorable. The strike language will create chaos allowing one person to submit a claim. These bills produce legal chaos. Failing charter schools will continue to grow without oversight, while neighborhood schools close. A heavy reliance on merit pay would decrease teacher autonomy and increase the financial power of principals and administrators, some of whom have been indicted for fraud. Most alarmingly, uncertified teachers will be allowed to teach in our children’s classrooms. Would you let an unlicensed doctor perform surgery on you? I would guess not, but this will allow unqualified teachers in Detroit. By the way, I doubt you would allow it in any of your districts back home. Teachers are not the problem. They work in deplorable conditions for much less than what we make in this body. They have given money back to the district to keep it afloat. They give their blood, sweat, and tears for these children. They certainly care more about these kids than politicians do. The solution to this problem should not be on their backs. It is clear that the House-passed legislation is a punitive package of bills that serve only to hurt the children of Detroit who have struggled enough. The current state of these bills spells the end for Detroit Public Schools. That is the goal of the for-profit charter school industry, and you are doing their bidding. The legislation we sent to the House took time, effort, and collaboration. We cannot accept the hasty, partisan amendments we received in return. We cannot pass bills that lack regard for the effects they will have on the students and families of Detroit. We cannot be held hostage by the prospect of simply saying we fixed the problem. Colleagues, I’m frustrated. The Senate has repeatedly tried to do good, bipartisan legislation, but, unfortunately, again we played Charlie Brown to the House’s Lucy as they pull the football away and we cave to them. Think about that while you are driving home angry tonight on the busted roads that we didn’t fix either. I swear, sometimes I believe my colleagues on the other side of the aisle have Stockholm syndrome, continually allowing the House Republicans to control what happens in this body. I urge you to reject the House amendments to our legislation and to continue to stand for what is best for the future of education in this state and the people of the city of Detroit; also for those who represent Detroit who will not stand with you today. enator Knezek’s statement is as follows: S This chamber worked so hard over a 15-month period to craft a bipartisan plan that would help make the Detroit Public Schools system a better school system for the students, the parents, and the teachers who currently rely on it. Unfortunately, what the House sent back to us, what we are getting ready to vote on here today, is a massive step backwards. In my opinion, it appears to be specifically designed to set DPS up for failure. We can all agree that we want a stable Detroit Public Schools system. I think that includes a system that allows for the opening and closing of schools in a manner that makes sense for the children in Detroit. The House plan, without question, falls woefully short of these goals. Under the guise of protecting school choice, the House Republicans sent us a plan that offers parents no real choice at all. It simply protects failing schools in a model that offers students no real chance for success. It lacks any planning. It lacks any authority that would lend some common sense to the opening and closing of those schools through the district. I have to be forthright with you, Madam President, when I say that with all the consternation, all the frustrations around the DEC and what that would do, I truly don’t understand this. Nobody said in the beginning of this conversation that we wanted to have a pro-public or pro-charter argument. Nobody said that we wanted to pit schools against one another. We said from the beginning to set that argument aside, and let’s have a conversation about good schools regardless of whether or not they are public or charter. 1362 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 In the plan that we sent over to the House of Representatives, we said if you are an A school or a B school, it doesn’t matter if you’re public or charter. If you’re a good school, keep doing good things and go anywhere that you want. But if you are a C school or a D school or an F school—a school that none of us would ever want our children to be in— well, you need to pump the brakes before you want to replicate throughout the city. If you push back on that plan, if you pushback on that model, you are saying that you want bad schools to continue operating. You want bad schools to continue to spread into the neighborhoods within my community. Why would we ever want bad schools responsible for educating our children? I truly don’t understand it. The system that we have here in front of us today perpetuates a system where charter authorizers have carte blanche to open up new schools. Again, anyone who wants to think it’s a charter versus public argument, the charters aren’t just syphoning away students from public schools anymore, but they are cannibalizing other charters. The enrollment for DPS has leveled-off over the past few years. You’re not hurting DPS anymore; you’re hurting yourselves. I know that some are going to say, “Senator, how could you be so anti-choice? Fifty percent of your kids are in charter schools.” Again, I say to you that from the beginning, the argument for me never was pro-choice or anti-choice, pro-public or anti-public. It was about good schools. It was about a quality education. I wanted good schools in Detroit to expand. I wanted to use their proven models to improve educational outcomes for every single child across the city. The solution that is in front of us seems so simple, Madam President, yet it seems so difficult to achieve. Why is that? Simply put, we are allowing one special interest group to decide the fate of 100,000 children in Detroit. I tell you, colleagues that it pains me in my heart to say that because I hate it when we as elected officials boil down such huge issues into such infinitesimal talking points. Special interest groups come into the city. Unfortunately that is the truth of what is happening in front us here today. Not a ton of them, just one; kowtowing to just one person’s wants. The House seems so determined to continue with this nasty experiment on the children of Detroit. It is a strategy that Moody’s has said systematically undermines the stability of Detroit Public Schools and contributed to that debt crisis itself. Here in the Senate, Madam President, in this body, we made sure that DPS would have an accountability system that applied fairly to all schools. What we were sent back is exactly what we would expect if one of these lobby groups were allowed to write the legislation—a plan with no accountability whatsoever; a plan that calls for thoroughly debunked ideas like merit pay and uncertified teachers; a plan that offers no real hope of resolving the deepest issues that face our education system in Detroit. I hate to steal from my colleague, but I would again ask you, “Would you want uncertified teachers teaching your children?” If you could answer “yes” to that, it begs the question: “Where does it end?” My colleague talked about uncertified doctors. Would you want an uncertified lawyer representing you in the courtroom? I doubt it. Better yet, if your answer to that question is “no,” which I think many of you would say, why is it OK to subject Detroit’s children to an unequal and unproven model of education? This legislation takes so many steps backwards and moves so far away from what the intent of this plan ever was from the beginning. Going after teachers, restricting collective bargaining, penalties for whistleblower actions taken by teachers to protest the conditions in their schools, and let us not forget the years of neglect and willful ignorance of the state-appointed managers who helped to get us here in this first place. None of this, none of what we are voting on today is sound, evidence-based policymaking. We should be wary of it. Let’s call this plan what it really is. Madam President, this plan is a farce. It is not about helping the children of Detroit. It’s about money. It’s about a political party. It’s about a chamber that is so desperate to move on from this issue in an election cycle. It is about catering to lawmakers who are more worried about keeping their jobs come November than building a successful system for children in Detroit. This arrangement is little more than a stay of execution. Once the money runs out—and it will run out—the district will plunge back into debt and jeopardize the future of Detroit’s children. Colleagues, I ask you to not allow the House to hold us hostage. We know we can do better because we have done better in this chamber. In the Senate, we listened to teachers; we listened to parents; we listened to students; we listened to local officials; we listened to education experts; and we carefully assessed the dollar amount necessary to not only eliminate the debt, but to also set the district on a path to financial success. We built in funding to repair schools. We built in funding to help the district through the transition. Giving in to this ludicrous plan would be a mistake that your children don’t pay for, but that Detroit children pay for. My community will continue to feel this pain for many years to come. I strongly encourage you to vote “no” for the parents. I strongly encourage you to vote “no” for the teachers. Most importantly, I encourage you to vote “no” for the students of Detroit. We can do better, colleagues, and we must do better. I would be remiss if I didn’t point out, before I stepped away from the podium here today, my colleague from the 34th District. This is the plan that we took 15 months to develop. One hundred twenty-five pages, and we just threw it away. What an insult to a man who has spent so much time in my district, who has bent over backwards to get to know my community, who has sacrificed his own personal and political relationships, and who has sacrificed his relationships at home. You say what you want about our ten-member caucus, but we would never stab one of our own in the back like what you’re doing to the Senator from the 34th District today. What an insult. What a slap in the face to him after all the hard work that he put into this bill. For that I say to the Senator that I am terribly sorry. From the bottom of my heart, I thank you for all the effort that you put into this. My community will not forget it and neither will I. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1363 Senator Hood’s statement is as follows: I rise this moment with a sad and disgusted taste in my mouth and a sad and disgusted feeling in my heart. The question that was asked to us: Would we want these uncertified teachers in every district? The answer is no. I know you wouldn’t. You know you wouldn’t. Let’s not play that game, because you don’t have it in your district and you’re not inviting it into your district. You’re only inviting it into my district. As the process has been going for the last couple of days, the heat has been turned up for an issue that is going to impact my district for years to come, not ten years, not 20 years, not 30 years. We are talking about hundreds of years— 100, 200, 300, and on and on. It’s going to impact the future. We sit here and play these Mickey Mouse games with lives because you don’t give a care about them. You know what that tells me? No, I did not support the Senate legislation that came through here, but I sure don’t support the legislation that came over from the House. I was willing to work from day one on that Senate plan, and I’m still willing to work on it today. I always have been open to that. But now, as has been stated before, we are knuckling under. Why? This is supposed to be the upper chamber. Everybody has been here for some time, but it doesn’t seem like the upper chamber to me. You coward. You coward—to even take and put this legislation before us and before my community and not even have one Detroiter in the room to help negotiate this piece. We would have said, “Hell no.” Guess what? You go into your caucus, and they go into their caucus and do whatever they want to do to my community—the kids I have to look at everyday walking up and down the streets. I have to look in their eyes; you don’t. But you want to make the decisions on their lives, and tell them what kind of lives they’re going to have, what kind of education that they have because they don’t have the same education that you get in your district. Why? Because this bill does not do it. This is not the answer. This is the crap that you shoved down our throats, and you shoved down their throats. These kids don’t have a voice here. We are their voice. This is going to impact them for years. This is a cowardly act, because why? We want to go on summer break. These are the last two days before summer break, and we want to get out of town. We want to go on vacation, and we want to go out and do whatever. The House wants to go out and campaign, so let’s hurry up and do this at the last minute, and let’s change it around. Let’s not do the work that the people sent us here to do. Let’s just throw something at Detroit—something that isn’t going to work. No. 1, it’s not enough money. No. 2, you don’t even know how much money is needed because nobody has done an audit to say how much the debt actually is. You don’t know. You’re fixing a problem that you don’t even know what the answer is. This is what we are subjected to because you have the majority or somebody is in the minority or they are this part of the state or they’re in that part of the state. This is not what this place was meant to be. I’m ashamed to be a legislator today, because so much hard work has been put in these bills and the Senate bills. I’m totally ashamed. It’s not me. It’s the kids. It’s the parents. It’s the school district. It’s not going to survive with this legislation. It’s not. We all know that. Everybody in this room knows that. I tell you what, ten years from now I’m going to call you, and hopefully I’m still living, but I’m going to call and say, “See, told you.” Mark this day, June 8, 2016, when we failed the citizens, the students, and the kids of the city of Detroit. You coward. Coward—because we didn’t stand up for what is right. We stood up for a piece of legislation that was put together, and we know this is all bad legislation. We all know that. I just can’t say much more than coward. It’s a cowardly act. You come tell those kids in the city of Detroit. It’s a shame. We wonder why voters don’t trust us anymore, because we don’t deserve to be trusted. There is no way that I or anybody else from the city of Detroit would come to your district and tell you how to run your district or do things without your input, because you know your district better than anybody else here. You know your neighbors. You know the people across town. You know everybody. But I’m getting decisions made about my district that I have no control over. I don’t even have a say-so. But you know better. Who made you God, you cowards? enator Young’s statement is as follows: S I would like to start with a quote from First Lady Michelle Obama: “Education is the single most important civil rights issue we face today.” It is a shame after all this sitting around, all this debating, all of this talking, all of these long-ass hours of being in this hot room that all we have come up with is this. All that negotiation and this is the best we can do for our children. This is the best. We are talking about a district where 47 percent of the city is functionally illiterate, where 66 percent of the children are not proficient in reading, and we have no plan for that. We are talking about a district where 30 percent of the families don’t have transportation. We have no plan for that. We are talking about a district that is literally on the verge of financial apocalypse. The money that we are providing is not enough for it. Colleagues, being here in the Senate with immense and intense power, what are we doing? Why go through all of the hours, shake all the hands, answer all the constituency phone calls, introduce all the bills, and go through all the work of being a lawmaker if, at the end of the day, you are not going to use your authority to solve the issues most pressing to our constituents? What is the point? I would really like someone to tell me. A great man, Victor Hugo once said that there is nothing more powerful than an idea whose time has come. The idea for DPS to provide excellence in academics is an idea whose time has come. The idea of our children being able to read, write, and count is an idea whose time has come. The time for our children to walk to and from school without worrying about being assaulted by adults or animals is an idea whose time has come. The idea that children, whether in public or charter school, can have transportation provided to them, the time has come. 1364 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 We in the Legislature had the ability to address these things, and we didn’t. What does that say about us? What does it say about our character? What does it say about the fabric of who we are and about our humanity? That is what this is. It is about humanity. The right to education is a civil rights issue, but it’s also a human rights issue. We have abandoned them not just this time, but for generations. It happened before I was born, and after these bills, probably after I am gone. This action will go down in history. It will be remembered in the pantheon of accomplishments in the state of Michigan. What will it say on that wall? What will echo throughout eternity? That we did all we could, came together, and proposed the most comprehensive education plan the country has ever seen? Or will it say that because Dick DeVos didn’t give us permission, we fell short of our goal, because the charter school people didn’t like it. We need to do what is right for our constituents. Who runs this state? Is it us as lawmakers or special interests? If it is the special interests, then let’s go get Dick DeVos to put his Amway rights around the Capitol and call this DeVos Capitol. In conclusion, all I am trying to say is that if we are not going to stand and do what is right, what is the purpose of gaining the entire world if you lose your soul? This state is losing a piece of itself. I just wanted to say that we had a tremendous opportunity before us to do right, and it is the children who will remember. I agree with the previous speaker, my good colleague. DPS is not going to survive. This will not be enough. We will have conversations about when it existed, when it used to be a school district. This is outrageous. The lives of future Detroit children are no less important than yours. If we fail to make sure our kids have a safe school system that is stable and successful, we are fundamentally failing at being lawmakers. Colleagues, if we vote “yes” on this House plan, we will be failing. According to a recent report published by the Department of Education, 96 percent of Detroit eighth-graders are not proficient in math, and 93 percent are not proficient in reading. How does this legislation make that better? Spoiler alert: It doesn’t. What this legislation does is rely on bad policy already discredited nationwide when it comes to performance standards and merit pay for teachers. Maybe our friends in the House haven’t heard in all those closed-door, smoke-filled sessions, but in addition to the debt crisis and crumbling buildings, we have a teacher shortage in Detroit. We don’t fix that shortage by demonizing teachers, limiting collective bargaining, union busting, and making it harder for teachers to get the raises they deserve. Nothing in this bill makes sense. I have teachers in my district who take money out of their own pockets to make sure that these kids have food, science projects, and who run across the street and make copies of assignments at Kinkos to make sure the kids have up-to-date paperwork. They deserve better. They are in a position, no fault of their own, and we are abandoning them. Colleagues, we need to stand up for the kids in Detroit because it is clear that no one else will. I just don’t think that in a time when you have six-month-old infants’ blood running in the streets and a time we have children who cannot read or write; with kids who don’t have the basic necessities available for them, we cannot afford to play games. The children deserve better, and my constituency deserves better. I urge a “no” vote on this legislation. enator Hansen’s statement, in which Senator Hertel concurred, is as follows: S I stand before this body to do what is normally statistically impossible—give a “no” vote explanation on legislation that I championed. That’s a first for me, to say the least. But these are the circumstances where I have found myself. Every day for the past year, I have focused 100 percent of my energies on a package of bills that were intended to forge a new path forward for the future of Detroit Public Schools. As I told the House Appropriations Committee last month, after months of intense negotiation, it was truly a blessing for Democrats and Republicans in this chamber to partner together and agree on a compromise education reform plan. It was a bipartisan commitment to improving the educational future for the children of Detroit. It was a plan that created a new community school district, separate from the old DPS and free of debt. It addressed the multitude of financial difficulties facing the district. It maintained educational choice and improved choice options for parents and students; avoided a lengthy and costly bankruptcy; returned local control to an elected school board; provided oversight of taxpayer dollars; and managed the opening of new schools so that all areas of the Detroit community would have access to quality school options. Unfortunately, many critical elements necessary for real educational success in this district were not included in the bill that just came before us from the other chamber. It’s been characterized that this compromise bill represents a proverbial three-fourths of a loaf of bread and that we should accept paying down the district’s debt and returning elected control as acceptable outcomes only. Why should Detroit children accept anything that’s less than what other children across this state are receiving? Why should Detroit children accept only three-fourths of our effort and not fix this problem once and for all? Unfortunately, this bill provides a continued path that will pit DPS and charter schools against each other. Rather, we should be focused on creating an environment where good schools of all types have an opportunity to flourish and provide the educational services our children truly deserve. Instead, let’s have a standard that holds everyone accountable and improves the quality of education. There are lots of choices for schools in Detroit, but these parents and children need to have quality choices. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1365 My fear is that the serious lack of coordination related to school site planning decisions will continue. By not truly fixing these systemic problems, are we not furthering the confusion and chaos that negatively impacts parents’ ability to seek stability and positive educational options for their children? I was encouraged that the legislation which initially passed this chamber would have brought about a new level of coordination, increased parental choice, and attract new education options for students. The changes made to these bills, however, are not anchored in a way that will truly lead to academic improvement. There needed to be a real accountability system that would drive the academic outcomes we all expect. All of us were elected to solve problems. Some problems are being solved here today, and others are being left unresolved to the detriment of Michigan taxpayers. I fear that a prime opportunity for real achievement has been missed. I am a proud Republican from West Michigan, representing the fine people of the 34th Senate District, who also stands with the children and parents of Detroit. I will continue working with the fine leaders of this community to make sure the progress they have made in Detroit is not made in vain. Michigan will not reach its full potential until there’s a healthy, vibrant Detroit. This work will never be complete without a stable educational community, which is necessary in order to ensure the revitalization of this city. I’m honored to have had the opportunity to work alongside all of my colleagues in this chamber, as well as many passionate advocates across the state. Thank you to all of the stakeholders and interest groups who joined our initial efforts and put your reputations on the line. This was a just and honest cause. Unfortunately, I was unable to support this bill, and it pains me greatly to say that. However, I will continue to work in a bipartisan way to ensure that Detroit families have the same strong, thriving education options as seen in other schools districts across the great state of Michigan. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 711, entitled A bill to amend 2014 PA 181, entitled “Michigan financial review commission act,” by amending sections 2, 3, 4, 5, 6, 7, 8, and 12 (MCL 141.1632, 141.1633, 141.1634, 141.1635, 141.1636, 141.1637, 141.1638, and 141.1642). The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 2014 PA 181, entitled “An act to create the Michigan financial review commission act; to provide for the operation of certain commissions; to create funds and accounts; to prescribe the powers and duties of certain commissions, the state treasurer, certain other state officials and state employees, and certain local officials; to provide for the dissolution of certain commissions; and to make certain appropriations,” by amending sections 3, 5, and 7 (MCL 141.1633, 141.1635, and 141.1637), as amended by 2016 PA 53. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 430 Yeas—23 Booher Horn Marleau Schmidt Brandenburg Hune Meekhof Schuitmaker Casperson Jones Nofs Shirkey Green Knollenberg O’Brien Stamas Hansen Kowall Proos Zorn Hildenbrand MacGregor Robertson Nays—14 Ananich Gregory Johnson Rocca Bieda Hertel Knezek Warren Colbeck Hood Pavlov Young Emmons Hopgood 1366 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 Excused—0 Not Voting—0 In The Chair: Schuitmaker enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. The Senate agreed to the title as amended. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 820, entitled A bill to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2015 PA 134. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2) and ordered that it be given immediate effect. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 431 Yeas—22 Booher Horn Marleau Robertson Brandenburg Hune Meekhof Schmidt Casperson Jones Nofs Shirkey Green Knollenberg O’Brien Stamas Hansen Kowall Proos Zorn Hildenbrand MacGregor Nays—15 Ananich Gregory Johnson Schuitmaker Bieda Hertel Knezek Warren Colbeck Hood Pavlov Young Emmons Hopgood Rocca Excused—0 Not Voting—0 In The Chair: Schuitmaker enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1367 Senator Johnson stated that he had intended to vote “nay” on the passage of the following bill: House Bill No. 5387 Senate Bill No. 822, entitled A bill to amend 1980 PA 243, entitled “Emergency municipal loan act,” by amending sections 1, 2, 3, 4, and 6 (MCL 141.931, 141.932, 141.933, 141.934, and 141.936), section 1 as amended by 2012 PA 284 and sections 2, 3, 4, and 6 as amended by 2015 PA 115; and to repeal acts and parts of acts. The House of Representatives has substituted (H-4) the bill. The House of Representatives has passed the bill as substituted (H-4), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1980 PA 243, entitled “An act to provide emergency financial assistance for certain political subdivisions of this state; to create a local emergency financial assistance loan board and to prescribe the powers and duties of this board; to prescribe conditions for granting and receiving loans, to prescribe terms and conditions for the repayment of loans, and to allow the limiting of repayment by a county from specified revenue sources; to impose certain requirements and duties on certain state departments, political subdivisions of this state, and officials of this state and political subdivisions of this state; and to prescribe remedies and penalties,” by amending sections 2, 3, 4, and 6 (MCL 141.932, 141.933, 141.934, and 141.936), as amended by 2015 PA 115; and to repeal acts and parts of acts. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, Senator Knezek offered the following amendments to the House substitute: 1. Amend page 1, following “THE PEOPLE OF THE STATE OF MICHIGAN ENACT:” by inserting: “Sec. 1. As used in this act: (a) “Board” means the local emergency financial assistance loan board created under section 2. (b) “Fiscal year” means, unless otherwise provided in this act, the fiscal year of the municipality applying for a loan under this act. (c) “Income tax collections” means the total collection of a municipality under the city income tax act, 1964 PA 284, MCL 141.501 to 141.787, in any calendar year. (d) “Income tax revenue growth rate” means the quotient of the following: (i) The numerator is the income tax collections of the municipality for the calendar year immediately preceding the municipality’s application for a loan under this act. (ii) The denominator is the income tax collections for the municipality for the calendar year preceding the calendar year used in determining the numerator. (e) “Municipality” means a county, city, village, or township, OR SCHOOL DISTRICT in this state. For the period beginning on October 1, 2011 and ending on September 30, 2018, municipality also includes a school district in this state. (f) “Local tax base growth rate” for a municipality means the state equalized valuation of the real and personal property of the municipality for the most recent year for which data is available divided by the state equalized valuation of real and personal property of the municipality for the fifth year preceding the most recent year for which data is available. (g) “Statewide tax base growth rate” means the total state equalized valuation for real and personal property for the most recent year for which data is available divided by the total state equalized valuation for the fifth year preceding the most recent year for which data is available. (h) “State equalized valuation of real and personal property of the municipality” means the valuation determined under 1911 PA 44, MCL 209.1 to 209.8, of real and personal property within the municipality plus an amount equal to the state equalized valuation equivalent of certain revenues of the municipality as determined under this subdivision. The state equalized valuation equivalent shall be calculated by dividing the sum of the following amounts by the municipality’s millage rate for the fiscal year: (i) The amount levied by the municipality for its own use during the municipality’s fiscal year from the specific tax levied under 1974 PA 198, MCL 207.551 to 207.572. (ii) The amount levied by the municipality for its own use during the municipality’s fiscal year from the specific tax levied under the commercial redevelopment act, 1978 PA 255, MCL 207.651 to 207.668.”. 2. Amend page 6, line 6, by striking out all of section 3 and inserting: “Sec. 3. (1) For state fiscal years ending before October 1, 2011, the THE board may authorize loans under this act to municipalities that total up to $5,000,000.00 in a state fiscal year. For state fiscal years beginning after September 30, 2018, the board may authorize loans under this act to municipalities that total up to $10,000,000.00 in a state fiscal year, but a loan to a single municipality shall not exceed $4,000,000.00 in a state fiscal year. For the period beginning on October 1, 2011 and ending on September 30, 2018, the board may do all of the following: (a) Authorize loans to municipalities other than school districts that total up to $48,000,000.00 during the period. Loans to a single municipality under this subdivision shall not total more than $20,000,000.00. 1368 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 (b) Authorize loans to municipalities that are school districts that total up to $70,000,000.00 during the period. Loans to a single school district under this subdivision shall not total more than $20,000,000.00. The board shall not authorize a loan to a school district organized as a school district of the first class under part 6 of the revised school code, 1976 PA 451, MCL 380.401 to 380.485.$148,000,000.00. THE BOARD ALSO MAY AUTHORIZE A LOAN OF UP TO $300,000,000.00 TO A SCHOOL DISTRICT THAT IS OR BECOMES A QUALIFYING SCHOOL DISTRICT AS DESCRIBED IN SECTION 12B OF THE REVISED SCHOOL CODE, 1976 PA 451, MCL 380.12B. (2) The board may authorize loans under this act to a county within the following limitations: (a) In the 1998-99 state fiscal year, the board may authorize loans under this act to a county with a population greater than 1,500,000. (b) For a state fiscal year in which the block grant appropriated to a county with a population of more than 1,500,000 that is organized under 1966 PA 293, MCL 45.501 to 45.521, and that is a county juvenile agency is less than the amount required to be distributed to that county in that year under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, the board may authorize a loan to that county in an amount not greater than the difference between the amount of the block grant and the amount required to be distributed to that county for that fiscal year under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b. The board is not required to authorize loans under this subdivision to a county for more than 1 state fiscal year. (3) If in a state fiscal year the block grant appropriated to a county other than a county described in subsection (2) that is a county juvenile agency is less than the amount required to be distributed to that county in that year under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, the board may authorize a loan to that county in an amount not greater than the difference between the amount of the block grant and the amount required to be distributed to that county under the social welfare act, 1939 PA 280, MCL 400.1 to 400.119b, in that state fiscal year. (4) Sections 6(2) , AND 7 , and 8 and the conditions listed in section 4(1) do not apply to a loan authorized under subsection (2) or (3). (5) The proceeds of a loan made under subsection (2) or (3) shall be maintained in a separate account and shall not be commingled with the county’s general fund or any other special fund or account. (6) The state treasurer or his or her designee shall monitor the expenditure of the proceeds of any loan made under subsection (2) or (3). (7) The proceeds of a loan made under subsection (2) or (3) are subject to the county juvenile agency act, 1998 PA 518, MCL 45.621 to 45.631. (8) Except as otherwise provided in this subsection, revenue for loans made under this act shall be provided from the surplus funds of this state under authorization granted under section 1 of 1855 PA 105, MCL 21.141, OR FROM THE REPAYMENT PROCEEDS OF OTHER LOANS ISSUED UNDER THIS ACT OR SOLD OR TRANSFERRED UNDER SECTION 6A. Alternatively, for a school district, revenue for a loan made under this act may be provided from money advanced to the school district by this state from money appropriated from the state school aid fund established under section 11 of article IX of the state constitution of 1963 and payable to the school district under the state school aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1896. (9) After September 30, 2012, the board may restructure payments, but not the outstanding principal balance or interest, on a loan to a municipality under subsection (1) if all of the following apply: (a) The municipality is in compliance with the terms of the loan and any other requirements applicable to the municipality under this act. (b) The municipality is in compliance with any requirements relating to a deficit elimination plan under state law. (c) The municipality is in compliance with any applicable NEUTRAL EVALUATION PROCESS, SETTLEMENT AGREEMENT, consent agreement, or order of an emergency manager under the local financial stability and choice act, 2012 PA 436, MCL 141.1541 to 141.1575, or a successor statute. (d) For a municipality that is a school district, the school district is in compliance with all requirements for receipt of the foundation allowance and any other requirements applicable to the school district under the state school aid act of 1979, 1979 PA 94, MCL 388.1601 to 388.1896. (e) For a municipality other than a school district, the municipality is in compliance with all conditions for economic vitality incentive program money or statutory revenue sharing or other requirements applicable to the municipality under the Glenn Steil state revenue sharing act of 1971, 1971 PA 140, MCL 141.901 to 141.921. (f) The restructuring of payments complies with applicable law. (g) The loan has not been sold or transferred under section 6a. (10) As used in this section, “county juvenile agency” means that term as defined in section 2 of the county juvenile agency act, 1998 PA 518, MCL 45.622.”. The amendments to the substitute were not adopted. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments to the substitute were not adopted, a majority of the members not voting therefor, as follows: No. 57] Roll Call No. 432 [June 8, 2016] JOURNAL OF THE SENATE Yeas—14 Ananich Hansen Johnson O’Brien Bieda Hertel Knezek Warren Casperson Hood Nofs Young Gregory Hopgood Nays—23 Booher Horn Marleau Schmidt Brandenburg Hune Meekhof Schuitmaker Colbeck Jones Pavlov Shirkey Emmons Knollenberg Proos Stamas Green Kowall Robertson Zorn Hildenbrand MacGregor Rocca Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the substitute made to the bill by the House, T The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 433 Yeas—21 Booher Horn MacGregor Proos Brandenburg Hune Marleau Robertson Casperson Jones Meekhof Shirkey Green Knollenberg Nofs Stamas Hansen Kowall O’Brien Zorn Hildenbrand Nays—16 Ananich Bieda Colbeck Emmons Gregory Hertel Hood Hopgood Excused—0 In The Chair: Schuitmaker Not Voting—0 Johnson Schmidt Knezek Schuitmaker Pavlov Warren Rocca Young 1369 1370 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. The Senate agreed to the title as amended. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 11:38 p.m. 11:45 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. Senator Kowall moved that, pursuant to rule 1.114, upon receipt of Senate bills returned from the House of Represen­ tatives, the Secretary of the Senate be directed to proceed with the enrollment printing and presentation of the bills to the Governor. The motion prevailed. Committee Reports The Committee on Finance reported Senate Bill No. 570, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7o (MCL 211.7o), as amended by 2006 PA 681. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson and Proos Nays: Senators Bieda and Warren The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Finance reported Senate Bill No. 991, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1 (MCL 205.51), as amended by 2016 PA 8. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported Senate Bill No. 1009, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78q (MCL 211.78q), as added by 2014 PA 499. No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1371 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 5283, entitled A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending sections 2 and 36 (MCL 567.222 and 567.256), section 2 as amended by 2015 PA 242, and by adding section 36a. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Finance submitted the following: T Meeting held on Tuesday, June 7, 2016, at 8:30 a.m., Room 210, Farnum Building Present: Senators Brandenburg (C), Robertson, Knollenberg, Casperson, Proos, Bieda and Warren The Committee on Appropriations reported Senate Bill No. 1007, entitled A bill to amend 2012 PA 101, entitled “Autism coverage reimbursement act,” by amending section 7 (MCL 550.1837). With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 5562, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 117a (MCL 400.117a), as amended by 2015 PA 81. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. 1372 JOURNAL OF THE SENATE [June 8, 2016] [No. 57 The Committee on Appropriations reported House Bill No. 5631, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 50507 (MCL 324.50507), as amended by 2004 PA 124. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 5706, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 819 (MCL 257.819), as amended by 2009 PA 137. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel and Knezek Nays: Senator Young The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, June 8, 2016, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young The Committee on Judiciary reported House Bill No. 5641, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 2950n. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5642, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 2950o. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson No. 57] [June 8, 2016] JOURNAL OF THE SENATE 1373 To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Wednesday, June 8, 2016, at 9:00 a.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Colbeck and Bieda Excused: Senator Rocca Scheduled Meetings Economic Development and International Investment - Thursday, June 9, 9:00 a.m., Room 210, Farnum Building (373-5323) Oversight - Thursday, June 9, 8:30 a.m., Room 100, Farnum Building (373-5314) Senate Fiscal Agency Board of Governors - Thursday, June 9, 9:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:46 p.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Thursday, June 9, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1374 No. 58 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Thursday, June 9, 2016. 10:00 a.m. The Senate was called to order by the Associate President pro tempore, Senator Hoon-Yung Hopgood. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—present Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 1376 JOURNAL OF THE SENATE [June 9, 2016] [No. 58 Pastor Christopher Maxie of Christ’s Kingdom Builders Church of Lansing offered the following invocation: Our God and Father, we thank You for Your grace and mercy. Father, I lift these leaders up before You, our Senators. God, I ask that You bless each and every man and woman with strength, vitality, fortitude, and resolve to lead our state. Father, we ask that You also bless our state, our state leaders, and the staffs who are here and connected to the Senate. Father, as we open this session, God, we just ask that You stir their hearts; that You continue to encourage them and strengthen them in their long and tiresome nights. Bless their families, O God, that while they’re away, their families be protected as well. Finally, God, for the people of this state, I ask that You bless them and help them not only be a part of the electoral process, but to support our elected officials and leaders. Encourage them and speak well of them. Father, we thank You for this opportunity to inquire at Your throne. In Jesus’ name, I pray. Amen. The Associate President pro tempore, Senator Hopgood, led the members of the Senate in recital of the Pledge of Allegiance. The Assistant President pro tempore, Senator O’Brien, assumed the Chair. Motions and Communications Senator Ananich entered the Senate Chamber. enator Kowall moved that Senators Booher and Brandenburg be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Johnson and Young be temporarily excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Hansen and Robertson admittance to the Senate floor, including the center aisle. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 3.901 be suspended to allow photographs to be taken from the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Senators Booher and Young entered the Senate Chamber. Senator Hansen asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Hansen’s statement is as follows: Today I am honored to recognize two constituents of mine from Oceana County. I have Earl Peterson and his daughter Sarah Schlukebir with me today. Also here are Matthew and Lori Schulz who are operators of the local McDonald’s in Hart. Earl is a fourth-generation fruit farmer and head of Peterson Farms, the largest privately-owned fruit processor in Michigan. Peterson Farms is one of the largest agricultural employers in my district. Although the farm is located in Oceana County, you and your families have likely encountered one of their most popular commodities, the nutritious packages of apple slices that come in Happy Meals. Earl and Sarah are here today as we celebrate a very significant milestone for McDonald’s and Peterson Farms. Since first introducing apple dippers in 2004, McDonald’s USA has served more than 2 billion sliced apple packages across the country. For some perspective, 2 billion packages is equal to providing every child in America under the age of 12 with 40 packages of apple slices. McDonald’s has purchased well over 19 million pounds of Michigan apples since 2004. The majority have come from Peterson Farms, who is their largest supplier in Michigan and only 1 of 6 suppliers nationwide. The relationship between McDonald’s and Peterson Farms has certainly had a positive effect on our local economy. Please join me in congratulating McDonald’s and Peterson Farms in reaching this milestone for their contributions to Michigan’s agriculture economy. No. 58] [June 9, 2016] JOURNAL OF THE SENATE 1377 The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, June 8: House Bill Nos. 4388 5422 5578 The Secretary announced that the following bills were printed and filed on Wednesday, June 8, and are available at the Michigan Legislature website: Senate Bill Nos. 1020 1021 1022 1023 1024 1025 1026 House Bill Nos. 5727 5728 5729 5730 5731 5732 5733 5734 5735 5736 5737 5738 5739 5740 5741 5742 5743 5744 5745 5746 5747 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:10 a.m. 10:20 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senators Robertson and Ananich introduced the Flint Scottish Pipe Band, recognizing their 100th anni­ ver­sary, and presented them with a Special Tribute. During the recess, Senators Brandenburg and Johnson entered the Senate Chamber. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Casperson admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:21 a.m. 11:47 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. Messages from the Governor The following messages from the Governor were received: Date: June 6, 2016 Time: 10:30 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 606 (Public Act No. 144), being An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political 1378 JOURNAL OF THE SENATE [June 9, 2016] [No. 58 subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” by amending section 7cc (MCL 211.7cc), as amended by 2014 PA 40. (Filed with the Secretary of State on June 7, 2015, at 12:04 p.m.) Date: June 6, 2016 Time: 10:32 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 458 (Public Act No. 143), being An act to amend 1939 PA 288, entitled “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,” by amending section 51 of chapter X (MCL 710.51), as amended by 1996 PA 409. (Filed with the Secretary of State on June 7, 2016, at 12:02 p.m.) Date: June 6, 2016 Time: 10:34 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 818 (Public Act No. 146), being An act to amend 1943 PA 148, entitled “An act to provide for the regulation and licensing of proprietary schools in the state; to require surety; to provide for collection and disposition of fees; and to prescribe penalties for the violation of this act,” by amending section 1a (MCL 395.101a), as amended by 2009 PA 212. (Filed with the Secretary of State on June 7, 2016, at 12:08 p.m.) Date: June 6, 2016 Time: 10:36 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 738 (Public Act No. 145), being An act to amend 1965 PA 314, entitled “An act to authorize the investment of assets of public employee retirement systems or plans and the contributions made by employees to retirement systems or plans created and established by the state or any political subdivision; to provide for the payment of certain costs and investment expenses; to authorize investment in variable rate interest loans; to limit employer and plan official liability for certain investment decisions; to define and limit the investments which may be made by an investment fiduciary with the assets of a public employee retirement system; and to prescribe the powers and duties of investment fiduciaries and certain state departments and officers,” by amending section 13 (MCL 38.1133), as amended by 2014 PA 545. (Filed with the Secretary of State on June 7, 2016, at 12:06 p.m.) Date: June 6, 2016 Time: 10:38 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 776 (Public Act No. 142), being An act to amend 1954 PA 116, entitled “An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,” by amending section 472a (MCL 168.472a), as amended by 1999 PA 219. (Filed with the Secretary of State on June 7, 2016, at 12:00 p.m.) Respectfully, Rick Snyder Governor No. 58] [June 9, 2016] JOURNAL OF THE SENATE 1379 The following message from the Governor was received on June 8, 2016, and read: EXECUTIVE ORDER No. 2016-13 Wage Deviation Board Department of Licensing and Regulatory Affairs Executive Reorganization HEREAS, Section 1, Article V of the Michigan Constitution of 1963 vests the executive power in the Governor; and W WHEREAS, Section 2, of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units which he considers necessary for efficient administration; and WHEREAS, Section 8, of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor, unless otherwise provided by the constitution; and WHEREAS, there is a continued need to reorganize functions among state departments to ensure efficient administration; and WHEREAS, programs, agencies, boards, and commissions should be placed among the principal departments on a consis­ tent, logical basis in order to ensure the most efficient use of taxpayer dollars and to allow the state to offer more streamlined services; and NOW, THEREFORE, I, Richard D. Snyder, Governor of the State of Michigan, pursuant to the powers vested in me by the Michigan Constitution of 1963 and Michigan law order the following: I.  TRANSFER OF WAGE DEVIATION BOARD A. All statutory authority, powers, duties, functions, and responsibilities of the Wage Deviation Board as provided in the Workforce Opportunity Wage Act, 2014 PA 138, MCL 408.411 to 408.424, are transferred to the Director of the Department of Licensing and Regulatory Affairs (the “Department”) by a Type III transfer as defined by Section 3 of the Executive Organization Act, 1965 PA 380, MCL 16.103. B. All records, personnel, property, and unexpended balances of appropriations, allocations, and other funds used, held, employed, available, or to be made available to the Wage Deviation Board are transferred to the Department. II. IMPLEMENTATION A. The Director of the Department shall provide executive direction and supervision for the implementation of this transfer. The Director shall administer the functions transferred in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities under this Order. B. The Director of the Department shall immediately coordinate the transfer and develop a memorandum of record identifying any pending issues of compliance with applicable laws and regulations, or other obligations to be resolved by the Wage Deviation Board. C. All rules, orders, contracts, and agreements relating to the assigned functions lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, or rescinded. D. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected by this Order shall not abate by reason of the taking effect of this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order. E. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order. F. The State Budget Director shall determine and authorize the most efficient manner possible for the handling of financial transactions and records in the state’s financial management system for the remainder of the current state fiscal year for transfers made under this Order. G. The Wage Deviation Board created in Section 5 of the Workforce Opportunity Wage Act, MCL 408.415 is abolished. In fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, this Order shall be effective 60 days after the filing of this Order. Given under my hand and the Great Seal of the state of [SEAL] Michigan this 8th day of June, in the Year of our Lord Two Thousand Sixteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. 1380 JOURNAL OF THE SENATE [June 9, 2016] [No. 58 Messages from the House Senate Bill No. 504, entitled A bill to amend 1995 PA 279, entitled “Horse racing law of 1995,” by amending sections 2, 7, 8, 9, 10, 12, 14, 17, 18, 19, 19a, 22, 27, 30, and 31 (MCL 431.302, 431.307, 431.308, 431.309, 431.310, 431.312, 431.314, 431.317, 431.318, 431.319, 431.319a, 431.322, 431.327, 431.330, and 431.331), section 2 as amended by 2006 PA 445, sections 7, 9, 10, and 12 as amended by 2000 PA 164, and sections 14, 17, and 18 as amended and section 19a as added by 1998 PA 408, and by adding section 19b. The House of Representatives has substituted (H-4) the bill. The House of Representatives has passed the bill as substituted (H-4), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1995 PA 279, entitled “An act to license and regulate the conducting of horse race meetings in this state with pari-mutuel wagering on the results of horse races and persons involved in horse racing and pari-mutuel gaming activities at such race meetings; to create the office of racing commissioner; to prescribe the powers and duties of the racing commissioner; to prescribe certain powers and duties of the department of agriculture and the director of the department of agriculture; to provide for the promulgation of rules; to provide for the imposition of taxes and fees and the disposition of revenues; to impose certain taxes; to create funds; to legalize and permit the pari-mutuel method of wagering on the results of live and simulcast races at licensed race meetings in this state; to appropriate the funds derived from pari-mutuel wagering on the results of horse races at licensed race meetings in this state; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending sections 2, 8, 9, 10, 12, 14, 17, 18, 19, 19a, 20, 22, 30, and 31 (MCL 431.302, 431.308, 431.309, 431.310, 431.312, 431.314, 431.317, 431.318, 431.319, 431.319a, 431.320, 431.322, 431.330, and 431.331), section 2 as amended by 2006 PA 445, sections 9, 10, and 12 as amended by 2000 PA 164, sec­ tions 14, 17, and 18 as amended and section 19a as added by 1998 PA 408, and section 20 as amended by 2006 PA 185, and by adding sections 6a and 19b. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 11:52 a.m. 12:00 noon The Senate was called to order by the President pro tempore, Senator Schuitmaker. The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 434 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Nays—1 Hansen No. 58] [June 9, 2016] JOURNAL OF THE SENATE 1381 Excused—0 Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 505, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14d of chapter XVII (MCL 777.14d), as added by 2002 PA 29. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 435 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Nays—1 Hansen Excused—0 Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. 1382 JOURNAL OF THE SENATE [June 9, 2016] [No. 58 Senate Bill No. 651, entitled A bill to provide for exemption of certain property from certain taxes; to levy and collect a specific tax upon the owners of certain property; to provide for the disposition of the tax; to prescribe the powers and duties of certain local government officials; and to provide penalties. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 436 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 652, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7jj (MCL 211.7jj[1]), as amended by 2015 PA 107, and by adding section 7vv. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 653, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 51108 (MCL 324.51108), as amended by 2014 PA 146. The House of Representatives has substituted (H-1) the bill. No. 58] [June 9, 2016] JOURNAL OF THE SENATE 1383 The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 437 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 801, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 3, 4, 6, 11, 11a, 11j, 11k, 11m, 11r, 15, 18, 19, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25e, 25f, 25g, 26a, 26b, 26c, 31a, 31c, 31d, 31f, 31h, 32d, 32p, 35, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 55, 56, 61a, 61b, 62, 64b, 65, 67, 74, 81, 94, 94a, 98, 99h, 99s, 101, 102d, 104, 104b, 104c, 104d, 107, 147, 147a, 147c, 152a, 166, 166b, 201, 201a, 202a, 203, 206, 207, 207a, 207b, 207c, 209, 210b, 212, 217, 219, 220, 222, 223, 224, 225, 226, 229a, 230, 236, 236a, 236b, 236c, 237b, 241, 246, 251, 252, 254, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 274c, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, and 290 (MCL 388.1603, 388.1604, 388.1606, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611r, 388.1615, 388.1618, 388.1619, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622g, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625e, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631c, 388.1631d, 388.1631f, 388.1631h, 388.1632d, 388.1632p, 388.1635, 388.1635a, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1655, 388.1656, 388.1661a, 388.1661b, 388.1662, 388.1664b, 388.1665, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1698, 388.1699h, 388.1699s, 388.1701, 388.1702d, 388.1704, 388.1704b, 388.1704c, 388.1704d, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1766, 388.1766b, 388.1801, 388.1801a, 388.1802a, 388.1803, 388.1806, 388.1807, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810b, 388.1812, 388.1817, 388.1819, 388.1820, 388.1822, 388.1823, 388.1824, 388.1825, 388.1826, 388.1829a, 388.1830, 388.1836, 388.1836a, 1384 JOURNAL OF THE SENATE [June 9, 2016] [No. 58 388.1836b, 388.1836c, 388.1837b, 388.1841, 388.1846, 388.1851, 388.1852, 388.1854, 388.1856, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1874c, 388.1875, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, and 388.1890), sections 3, 203, 207, 212, 219, 220, 223, 251, and 254 as amended and section 237b as added by 2012 PA 201, sections 4, 6, 98, 107, 230, and 256 as amended by 2016 PA 56, sections 11, 21f, 31a, and 32d as amended by 2015 PA 139, sections 11a, 11j, 11k, 11m, 11r, 15, 20, 20d, 20f, 20g, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31d, 31f, 32p, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b, 74, 81, 94, 94a, 99h, 101, 104, 104b, 104c, 147, 147a, 147c, 152a, 201, 201a, 206, 207a, 207b, 207c, 209, 210b, 217, 222, 225, 226, 229a, 236, 236a, 236b, 236c, 241, 246, 252, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 25g, 31c, 31h, 35, 35a, 55, 61b, 65, 67, 99s, 102d, 104d, and 274c as added by 2015 PA 85, section 18 as amended by 2015 PA 114, sections 19, 202a, 224, and 275 as amended by 2014 PA 196, section 166 as amended by 1996 PA 300, section 166b as amended by 2015 PA 222, and section 290 as amended by 2013 PA 60, and by adding sections 11o, 11s, 20m, 21, 21g, 31b, 31j, 32q, 54b, 61c, 63, 99t, 152b, 167a, 210e, 236d, and 286a; and to repeal acts and parts of acts. (For Conference Report, see Senate Journal No. 57, p. 995.) The House of Representatives has adopted the report of the Committee of Conference. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 809, entitled A bill to create the office of the Michigan veterans’ facility ombudsman; and to prescribe the powers and duties of the office, the ombudsman, the legislative council, and the department of military and veterans affairs. The House of Representatives has passed the bill and ordered that the bill be given immediate effect. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 883, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding sections 360 and 360a. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 976, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2015 PA 201. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 878, entitled A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 405 (MCL 484.1405), as amended by 2011 PA 271. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. No. 58] [June 9, 2016] JOURNAL OF THE SENATE 1385 By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that the Committee on Insurance be discharged from further consideration of the following bill: House Bill No. 4224, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 240 and 438 (MCL 500.240 and 500.438), section 240 as amended by 2000 PA 252 and section 438 as amended by 1994 PA 227. The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders. Senator Kowall moved that the rules be suspended and that the following bill, now on the order of General Orders, be placed on the General Orders calendar for consideration today: House Bill No. 4224 The motion prevailed, a majority of the members serving voting therefor. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Hertel as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4224, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 240 and 438 (MCL 500.240 and 500.438), section 240 as amended by 2000 PA 252 and section 438 as amended by 1994 PA 227. Substitute (S-4). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar: House Bill No. 4224 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: House Bill No. 4224, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 240, 438, 3101a, 3111, 3114, 3115, 3163, 3172, 3173, 3173a, 3174, 3175, and 3177 (MCL 500.240, 500.438, 500.3101a, 500.3111, 500.3114, 500.3115, 500.3163, 500.3172, 500.3173, 500.3173a, 500.3174, 500.3175, and 500.3177), section 240 as amended by 2000 PA 252, section 438 as amended by 1994 PA 227, section 3101a as amended by 2014 PA 419, section 3114 as amended by 2002 PA 38, section 3163 as amended by 2002 PA 697, sections 3172, 3173a, 3174, and 3175 as amended by 2012 PA 204, and section 3177 as amended by 1984 PA 426. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 438 Yeas—24 Booher Hildenbrand Brandenburg Horn MacGregor Proos Marleau Robertson 1386 JOURNAL OF THE SENATE [June 9, 2016] [No. 58 Casperson Hune Meekhof Schmidt Colbeck Jones Nofs Schuitmaker Emmons Knollenberg O’Brien Stamas Hansen Kowall Pavlov Zorn Nays—12 Ananich Bieda Green Gregory Hertel Hood Hopgood Shirkey Knezek Warren Rocca Young Excused—0 Not Voting—1 Johnson In The Chair: Schuitmaker enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”. The Senate agreed to the full title. No. 58] [June 9, 2016] JOURNAL OF THE SENATE 1387 Recess enator Kowall moved that the Senate recess until 1:00 p.m. S The motion prevailed, the time being 12:30 p.m. The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Sena­ tor Schuitmaker. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 1:01 p.m. 1:54 p.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Hertel as Chair­person. Recess enator Kowall moved that the Committee of the Whole recess subject to the call of the Chairperson. S The motion prevailed, the time being 2:12 p.m. The Committee of the Whole was called to order by the Chairperson, Senator Hertel. 2:21 p.m. After some time spent therein, the Committee arose; and, the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 933, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 4b to chapter XI. Senate Bill No. 949, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 1086. Senate Bill No. 947, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 33 and 34d (MCL 791.233 and 791.234d), section 33 as amended by 1998 PA 320 and section 34d as added by 2014 PA 359. Senate Bill No. 939, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 31b. House Bill No. 5701, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 267 (MCL 18.1267), as amended by 2012 PA 237. The bills were placed on the order of Third Reading of Bills. 1388 JOURNAL OF THE SENATE [June 9, 2016] [No. 58 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 934, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 2 of chapter XI (MCL 771.2), as amended by 2010 PA 351. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 935, entitled A bill to create the supervising region incentive program act; to create the supervising region incentive fund; to provide for use of the fund; and to provide for the powers and duties of certain state and local governmental officers and entities. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 948, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending the chapter heading and sections 3, 4, 5, and 6 of chapter XIA (MCL 771A.3, 771A.4, 771A.5, and 771A.6), as added by 2012 PA 616. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendments, the following bill: Senate Bill No. 937, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 8a. The following are the amendments recommended by the Committee of the Whole: 1. Amend page 1, line 2, after “RECONVICTION,” by striking out “AND” and inserting “OR”. 2. Amend page 1, line 2, after “JAIL” by inserting a comma and “OR ANY COMBINATION OF THOSE EVENTS,”. 3. Amend page 1, line 3, after “INDIVIDUAL” by striking out “WITHIN 3 AND 5 YEARS” and inserting “AS MEASURED FIRST AFTER 3 YEARS AND AGAIN AFTER 5 YEARS FROM THE DATE”. The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 940, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 69b. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 941, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 44 (MCL 791.244), as amended by 1999 PA 191, and by adding section 44a. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 932, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding chapter IIIB. Substitute (S-1). No. 58] [June 9, 2016] JOURNAL OF THE SENATE 1389 The following are the amendments to the substitute recommended by the Committee of the Whole: 1 Amend page 3, line 14, after “OFFENDER’S” by striking out “CRIMOGENIC” and inserting “CRIMINOGENIC”. 2. Amend page 6, line 20, after “FACILITY” by inserting “THAT AGREES TO TAKE THE INDIVIDUAL AND”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendments, the following bill: Senate Bill No. 936, entitled A bill to provide for the use of evidence-based supervision practices; to prescribe the powers and duties of certain state departments and local agencies; to require the adoption of certain rules; to regulate the use of funds by certain state departments and local agencies; and to require certain reports. The following are the amendments recommended by the Committee of the Whole: 1. Amend page 3, line 21, after “reconviction,” by striking out “and” and inserting “or”. 2. Amend page 3, line 22, after “jail” by inserting a comma and “or any combination of those events,”. 3. Amend page 3, line 22, after “individual” by striking out “within 3 and 5 years” through line 23 and inserting “as measured first after 3 years and again after 5 years from the date”. The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendments, the following bill: Senate Bill No. 938, entitled A bill to create the criminal justice data collection and management program act; to describe the criminal justice data collection and management program; to provide for certain grants; and to provide for the powers and duties of certain state and local governmental officers and entities. The following are the amendments recommended by the Committee of the Whole: 1. Amend page 2, line 13, by striking out “within 3 and 5 years” and inserting “as measured first after 3 years and again after 5 years from the date”. 2. Amend page 2, line 18, after “offender” by striking out “within 3 and 5 years” and inserting “as measured first after 3 years and again after 5 years from the date”. 3. Amend page 2, line 23, after “offender” by striking out “within 3 and 5 years” and inserting “as measured first after 3 years and again after 5 years from the date”. The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 942, entitled A bill to amend 1989 PA 196, entitled “An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim’s rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim’s rights services; and to prescribe the powers and duties of certain state and local agencies and departments,” by amending section 4 (MCL 780.904), as amended by 2015 PA 9. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 943, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 84. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 944, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 10b (MCL 400.10b), as amended by 2011 PA 198. 1390 JOURNAL OF THE SENATE [June 9, 2016] [No. 58 Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 945, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 62d. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 946, entitled A bill to establish and implement a work opportunity employer reimbursement program; and to prescribe the powers and duties of certain state agencies and officials. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendments, the following bill: Senate Bill No. 974, entitled A bill to amend 1988 PA 511, entitled “Community corrections act,” by amending section 2 (MCL 791.402), as amended by 2014 PA 466. The following are the amendments recommended by the Committee of the Whole: 1. Amend page 3, line 4, after “RECONVICTION,” by striking out “AND” and inserting “OR”. 2. Amend page 3, line 5, after “JAIL” by inserting a comma and “OR ANY COMBINATION OF THOSE EVENTS,”. 3. Amend page 3, line 5, after “INDIVIDUAL” by striking out “WITHIN 3 AND 5 YEARS” and inserting “AS MEASURED FIRST AFTER 3 YEARS AND AGAIN AFTER 5 YEARS FROM THE DATE”. The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 975, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1 of chapter I (MCL 761.1), as amended by 2007 PA 20. Substitute (S-1). The following are the amendments to the substitute recommended by the Committee of the Whole: 1. Amend page 8, line 15, after “RECONVICTION,” by striking out “AND” and inserting “OR”. 2. Amend page 8, line 16, after “JAIL” by inserting a comma and “OR ANY COMBINATION OF THOSE EVENTS,”. 3. Amend page 8, line 16, after “INDIVIDUAL” by striking out “WITHIN 3 AND 5 YEARS” through line 17 and inserting “AS MEASURED FIRST AFTER 3 YEARS AND AGAIN AFTER 5 YEARS FROM THE DATE”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4353, entitled A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” by amending section 1 (MCL 287.331), as amended by 1997 PA 7, and by adding section 8c. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. No. 58] [June 9, 2016] JOURNAL OF THE SENATE 1391 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4355, entitled A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” (MCL 287.331 to 287.340) by adding section 8b. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: House Bill No. 5442 House Bill No. 5567 The motion prevailed. The following bill was read a third time: House Bill No. 5442, entitled A bill to prescribe the public threat alert system as the official response to public threat situations in this state; and to provide for the powers and duties of certain state and local governmental officers and authorities. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 439 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. 1392 JOURNAL OF THE SENATE [June 9, 2016] [No. 58 The following bill was read a third time: House Bill No. 5567, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1f of chapter IX (MCL 769.1f), as amended by 2012 PA 331. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 440 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5562, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 117a (MCL 400.117a), as amended by 2015 PA 81. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 58] Roll Call No. 441 [June 9, 2016] JOURNAL OF THE SENATE 1393 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Hertel as Chairperson. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4933, entitled A bill to amend 2000 PA 251, entitled “Patient’s right to independent review act,” by amending sections 3, 5, 7, 9, 11, 13, 17, 19, 23, 25, and 27 (MCL 550.1903, 550.1905, 550.1907, 550.1909, 550.1911, 550.1913, 550.1917, 550.1919, 550.1923, 550.1925, and 550.1927), section 3 as amended by 2006 PA 542 and sections 11, 13, and 23 as amended by 2000 PA 398. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. 1394 JOURNAL OF THE SENATE [June 9, 2016] [No. 58 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4934, entitled A bill to amend 1984 PA 64, entitled “The coordination of benefits act,” by amending the title and sections 2, 3, and 4 (MCL 550.252, 550.253, and 550.254), section 3 as amended by 1996 PA 325; and to repeal acts and parts of acts. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4935, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 106, 116, 120, 221, 222, 250, 402, 436, 436a, 454, 460, 462, 606, 632, 1001, 2003, 2006, 2059, 2212a, 2212b, 2213, 2213a, 2213b, 2214, 2236, 2237, 3400, 3402, 3403, 3404, 3405, 3405a, 3406a, 3406c, 3406d, 3406e, 3406j, 3406k, 3406l, 3406m, 3406n, 3406o, 3406p, 3406q, 3406r, 3406s, 3407, 3407b, 3408, 3409, 3411, 3412, 3413, 3414, 3416, 3418, 3420, 3422, 3424, 3425, 3426, 3428, 3432, 3438, 3440, 3452, 3472, 3474, 3474a, 3475, 3476, 3501, 3503, 3505, 3507, 3508, 3509, 3511, 3513, 3515, 3517, 3519, 3528, 3533, 3535, 3545, 3547, 3548, 3551, 3553, 3555, 3557, 3559, 3561, 3563, 3569, 3571, 3573, 3701, 3703, 3705, 3711, 3723, 4601, 4701, 6428, 7060, and 7705 (MCL 500.106, 500.116, 500.120, 500.221, 500.222, 500.250, 500.402, 500.436, 500.436a, 500.454, 500.460, 500.462, 500.606, 500.632, 500.1001, 500.2003, 500.2006, 500.2059, 500.2212a, 500.2212b, 500.2213, 500.2213a, 500.2213b, 500.2214, 500.2236, 500.2237, 500.3400, 500.3402, 500.3403, 500.3404, 500.3405, 500.3405a, 500.3406a, 500.3406c, 500.3406d, 500.3406e, 500.3406j, 500.3406k, 500.3406l, 500.3406m, 500.3406n, 500.3406o, 500.3406p, 500.3406q, 500.3406r, 500.3406s, 500.3407, 500.3407b, 500.3408, 500.3409, 500.3411, 500.3412, 500.3413, 500.3414, 500.3416, 500.3418, 500.3420, 500.3422, 500.3424, 500.3425, 500.3426, 500.3428, 500.3432, 500.3438, 500.3440, 500.3452, 500.3472, 500.3474, 500.3474a, 500.3475, 500.3476, 500.3501, 500.3503, 500.3505, 500.3507, 500.3508, 500.3509, 500.3511, 500.3513, 500.3515, 500.3517, 500.3519, 500.3528, 500.3533, 500.3535, 500.3545, 500.3547, 500.3548, 500.3551, 500.3553, 500.3555, 500.3557, 500.3559, 500.3561, 500.3563, 500.3569, 500.3571, 500.3573, 500.3701, 500.3703, 500.3705, 500.3711, 500.3723, 500.4601, 500.4701, 500.6428, 500.7060, and 500.7705), sections 116 and 436a as added and section 436 as amended by 1992 PA 182, section 221 as added by 2001 PA 275, section 222 as amended by 1994 PA 443, section 250 as amended by 2002 PA 684, section 454 as amended by 1987 PA 168, section 632 as amended by 1994 PA 226, section 1001 as amended by 2008 PA 342, section 2006 as amended by 2004 PA 28, section 2059 as amended by 1986 PA 253, section 2212a as amended by 2001 PA 235, section 2212b as amended by 2000 PA 486, section 2213 as amended by 2012 PA 445, sec­ tion 2213a as amended by 2002 PA 707, sections 2213b, 3426, and 3705 as amended and sections 3405a, 3428, 3472, and 3474a as added by 2013 PA 5, section 2236 as amended by 2014 PA 140, sections 3405 and 3475 as amended by 2014 PA 263, section 3406a as added by 1982 PA 527, section 3406c as amended by 1994 PA 233, sections 3406d and 3406e as added by 1989 PA 59, section 3406j as added by 1998 PA 136, section 3406k as amended by 2004 PA 7, sec­ tion 3406l as added by 2004 PA 171, section 3406m as added by 1998 PA 402, section 3406n as added by 1999 PA 179, section 3406o as added by 1999 PA 177, section 3406p as added by 2000 PA 425, section 3406q as amended and sections 3701, 3703, 3711, and 3723 as added by 2003 PA 88, section 3406r as added by 2004 PA 375, section 3406s as added by 2012 PA 100, section 3407b as added by 2000 PA 27, section 3409 as amended by 1990 PA 170, section 3418 as amended by 1984 PA 280, section 3425 as added by 1980 PA 429, section 3440 as amended by 1987 PA 52, section 3476 as added by 2012 PA 215, sections 3501, 3505, 3507, 3508, 3509, 3511, 3513, 3535, 3545, 3547, 3548, 3551, 3553, 3555, 3557, 3559, 3561, 3563, 3569, and 3573 as added by 2000 PA 252, section 3503 as amended by 2006 PA 366, sections 3515, 3517, 3519, 3533, and 3571 as amended by 2005 PA 306, section 3528 as amended by 2002 PA 621, sections 4601 and 4701 as added by 2008 PA 29, section 7060 as amended by 1999 PA 82, and section 7705 as amended by 2006 PA 671, and by adding sections 607, 608, 3401a, 3402a, 3402b, 3402c, 3402d, 3402e, 3402f, 3402g, 3402h, 3477, and 3544; and to repeal acts and parts of acts. Substitute (S-3). The following are the amendments to the substitute recommended by the Committee of the Whole: 1. Amend page 74, following line 16, by inserting: “(5) AFTER DECEMBER 31, 2016, THIS SECTION APPLIES TO FORMS FILED BY A NONPROFIT DENTAL CARE CORPORATION OPERATING UNDER 1963 PA 125, MCL 550.351 TO 550.373.”. 2. Amend page 85, line 10, by striking out all of subsection (2) and renumbering the remaining subsection. 3. Amend page 178, line 11, after “JANUARY 1,” by striking out “2017” and inserting “2018”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. No. 58] [June 9, 2016] JOURNAL OF THE SENATE 1395 By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: House Bill No. 4933 House Bill No. 4934 House Bill No. 4935 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: House Bill No. 4933, entitled A bill to amend 2000 PA 251, entitled “Patient’s right to independent review act,” by amending sections 3, 5, 7, 9, 11, 13, 17, 19, 23, 25, and 27 (MCL 550.1903, 550.1905, 550.1907, 550.1909, 550.1911, 550.1913, 550.1917, 550.1919, 550.1923, 550.1925, and 550.1927), section 3 as amended by 2006 PA 542 and sections 11, 13, and 23 as amended by 2000 PA 398. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 442 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Emmons Hune Nofs Stamas Green Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Nays—1 Colbeck Excused—0 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide review of certain health care coverage adverse determinations made by health carriers; to prescribe eligibility, powers, and duties of certain independent review organizations; to prescribe the powers and duties of certain health carriers; to prescribe the powers and duties of certain persons; to prescribe the powers and duties of certain state officials; to provide for the reporting of certain information; to provide fees; and to provide penalties for violations of this act,”. The Senate agreed to the full title. 1396 JOURNAL OF THE SENATE [June 9, 2016] [No. 58 The following bill was read a third time: House Bill No. 4934, entitled A bill to amend 1984 PA 64, entitled “The coordination of benefits act,” by amending the title and sections 2, 3, and 4 (MCL 550.252, 550.253, and 550.254), section 3 as amended by 1996 PA 325, and by adding section 3a; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 443 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Emmons Hune Nofs Stamas Green Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Nays—1 Colbeck Excused—0 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the coordination of certain benefits; to prescribe the powers and duties of certain state departments and agencies; and to provide for the promulgation of rules,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4935, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 106, 116, 120, 221, 222, 250, 402, 436, 436a, 454, 460, 462, 606, 632, 1001, 2003, 2006, 2059, 2212a, 2212b, 2213, 2213a, 2213b, 2214, 2236, 2237, 2242, 3400, 3402, 3403, 3404, 3405, 3405a, 3406a, 3406c, 3406d, 3406e, 3406j, 3406k, 3406l, 3406m, 3406n, 3406o, 3406p, 3406q, 3406r, 3406s, 3407, 3407b, 3408, 3409, 3411, 3412, 3413, 3414, 3416, 3418, 3420, 3422, 3424, 3425, 3426, 3428, 3432, 3438, 3440, 3452, 3472, 3475, 3476, 3501, 3503, 3505, 3507, 3508, 3509, 3511, 3513, 3515, 3517, 3519, 3528, 3533, 3535, 3545, 3547, 3548, 3551, 3553, 3555, 3557, 3559, 3561, 3563, 3569, 3571, 3573, 3701, 3703, 3705, 3711, 3723, 4601, 4701, 6428, 7060, and 7705 (MCL 500.106, 500.116, 500.120, 500.221, 500.222, 500.250, 500.402, 500.436, 500.436a, 500.454, 500.460, 500.462, 500.606, 500.632, 500.1001, 500.2003, 500.2006, 500.2059, 500.2212a, 500.2212b, 500.2213, 500.2213a, 500.2213b, 500.2214, 500.2236, 500.2237, 500.2242, 500.3400, 500.3402, No. 58] [June 9, 2016] JOURNAL OF THE SENATE 1397 500.3403, 500.3404, 500.3405, 500.3405a, 500.3406a, 500.3406c, 500.3406d, 500.3406e, 500.3406j, 500.3406k, 500.3406l, 500.3406m, 500.3406n, 500.3406o, 500.3406p, 500.3406q, 500.3406r, 500.3406s, 500.3407, 500.3407b, 500.3408, 500.3409, 500.3411, 500.3412, 500.3413, 500.3414, 500.3416, 500.3418, 500.3420, 500.3422, 500.3424, 500.3425, 500.3426, 500.3428, 500.3432, 500.3438, 500.3440, 500.3452, 500.3472, 500.3475, 500.3476, 500.3501, 500.3503, 500.3505, 500.3507, 500.3508, 500.3509, 500.3511, 500.3513, 500.3515, 500.3517, 500.3519, 500.3528, 500.3533, 500.3535, 500.3545, 500.3547, 500.3548, 500.3551, 500.3553, 500.3555, 500.3557, 500.3559, 500.3561, 500.3563, 500.3569, 500.3571, 500.3573, 500.3701, 500.3703, 500.3705, 500.3711, 500.3723, 500.4601, 500.4701, 500.6428, 500.7060, and 500.7705), sections 116 and 436a as added and section 436 as amended by 1992 PA 182, section 221 as added by 2001 PA 275, section 222 as amended by 1994 PA 443, section 250 as amended by 2002 PA 684, section 454 as amended by 1987 PA 168, section 632 as amended by 1994 PA 226, section 1001 as amended by 2008 PA 342, section 2006 as amended by 2004 PA 28, section 2059 as amended by 1986 PA 253, section 2212a as amended by 2001 PA 235, section 2212b as amended by 2000 PA 486, section 2213 as amended by 2012 PA 445, section 2213a as amended by 2002 PA 707, section 2213b as amended by 2016 PA 100, section 2236 as amended by 2014 PA 140, sections 2242, 3426, and 3705 as amended and sections 3405a, 3428, and 3472 as added by 2013 PA 5, sections 3405 and 3475 as amended by 2014 PA 263, section 3406a as added by 1982 PA 527, section 3406c as amended by 1994 PA 233, sections 3406d and 3406e as added by 1989 PA 59, section 3406j as added by 1998 PA 136, section 3406k as amended by 2004 PA 7, section 3406l as added by 2004 PA 171, section 3406m as added by 1998 PA 402, section 3406n as added by 1999 PA 179, section 3406o as added by 1999 PA 177, section 3406p as added by 2000 PA 425, section 3406q as amended and sections 3701, 3703, 3711, and 3723 as added by 2003 PA 88, section 3406r as added by 2004 PA 375, section 3406s as added by 2012 PA 100, section 3407b as added by 2000 PA 27, section 3409 as amended by 1990 PA 170, section 3418 as amended by 1984 PA 280, section 3425 as added by 1980 PA 429, section 3440 as amended by 1987 PA 52, section 3476 as added by 2012 PA 215, sections 3501, 3505, 3507, 3508, 3509, 3511, 3513, 3535, 3545, 3547, 3548, 3551, 3553, 3555, 3557, 3559, 3561, 3563, 3569, and 3573 as added by 2000 PA 252, section 3503 as amended by 2006 PA 366, section 3515 as amended by 2016 PA 97, sections 3517, 3519, 3533, and 3571 as amended by 2005 PA 306, section 3528 as amended by 2002 PA 621, sections 4601 and 4701 as added by 2008 PA 29, section 7060 as amended by 1999 PA 82, and section 7705 as amended by 2006 PA 671, and by adding sections 607, 608, 3401a, 3402a, 3402b, 3402c, 3402d, 3402e, 3402f, 3402g, 3402h, 3477, and 3544; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 444 Yeas—35 Ananich Hildenbrand Kowall Rocca Bieda Hood MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Stamas Green Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Hertel Knollenberg Robertson Nays—2 Colbeck Emmons Excused—0 In The Chair: O’Brien Not Voting—0 1398 JOURNAL OF THE SENATE [June 9, 2016] [No. 58 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”. The Senate agreed to the full title. Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar: House Bill No. 5701 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: House Bill No. 5701, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 267 (MCL 18.1267), as amended by 2012 PA 237. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 445 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young No. 58] [June 9, 2016] JOURNAL OF THE SENATE 1399 Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain acts and parts of acts,”. The Senate agreed to the full title. enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 5641 House Bill No. 5642 Senate Bill No. 1007 Senate Bill No. 289 Senate Bill No. 399 Senate Bill No. 903 Senate Bill No. 291 The motion prevailed. The following bill was read a third time: House Bill No. 5641, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 2950n. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 446 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker 1400 JOURNAL OF THE SENATE [June 9, 2016] [No. 58 Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5642, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 2950o. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 447 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 No. 58] [June 9, 2016] JOURNAL OF THE SENATE 1401 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 1007, entitled A bill to amend 2012 PA 101, entitled “Autism coverage reimbursement act,” by amending section 7 (MCL 550.1837). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 448 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 289, entitled A bill to prohibit the bad-faith assertion of patent infringement; to provide remedies for the bad-faith assertion of patent infringements; to provide for the powers and duties of the attorney general; and to authorize the promulgation of rules. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1402 JOURNAL OF THE SENATE [June 9, 2016] Roll Call No. 449 [No. 58 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 399, entitled A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 19b of chapter IV (MCL 224.19b), as added by 1980 PA 212. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 450 Yeas—22 Booher Horn Marleau Rocca Brandenburg Hune Meekhof Schmidt Casperson Jones Nofs Schuitmaker Colbeck Knollenberg O’Brien Stamas Green Kowall Proos Zorn Hildenbrand MacGregor Nays—15 Ananich Bieda Emmons Gregory Hansen Johnson Shirkey Hertel Knezek Warren Hood Pavlov Young Hopgood Robertson No. 58] [June 9, 2016] JOURNAL OF THE SENATE 1403 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 903, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 61703 and 61706 (MCL 324.61703 and 324.61706), as added by 1995 PA 57. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 451 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Casperson Hopgood Marleau Schuitmaker Colbeck Horn Meekhof Shirkey Emmons Hune Nofs Stamas Green Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Nays—1 Brandenburg Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 291, entitled A bill to provide compensation and other relief for individuals wrongfully imprisoned for crimes; to prescribe the powers and duties of certain state and local governmental officers and agencies; and to provide remedies. The question being on the passage of the bill, Senator Bieda offered the following amendment: 1. Amend page 10, line 16, by striking out all of enacting section 2. The amendment was adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1404 JOURNAL OF THE SENATE [June 9, 2016] Roll Call No. 452 [No. 58 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: Senate Bill No. 933 Senate Bill No. 934 Senate Bill No. 935 Senate Bill No. 948 Senate Bill No. 949 Senate Bill No. 937 Senate Bill No. 940 Senate Bill No. 941 Senate Bill No. 947 Senate Bill No. 932 Senate Bill No. 936 Senate Bill No. 938 Senate Bill No. 939 Senate Bill No. 942 Senate Bill No. 943 Senate Bill No. 944 Senate Bill No. 945 Senate Bill No. 946 Senate Bill No. 974 Senate Bill No. 975 The motion prevailed. The following bill was read a third time: Senate Bill No. 933, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 4b to chapter XI. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 58] [June 9, 2016] JOURNAL OF THE SENATE Roll Call No. 453 1405 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. Senator Proos asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Proos’ statement is as follows: I appreciate the opportunity to discuss with the chamber a series of bills before us today on Third Reading related to criminal justice reform in the state. Criminal justice reform is not a partisan issue but is, in fact, an issue that relates to each and every one of us in the state. I would like to remind folks of our constitutional obligation here in this chamber as representatives of the people of Michigan. Article 1 of the Michigan Constitution states that all political power is inherent in the people. Government is instituted for their equal benefit, security, and protection. That particular statement of security and protection and the benefits therein are why we talk about criminal justice in this state. We know full well that crimes happen in our communities. Crimes mean there are victims, and victims have costs. All of those costs are borne by us as taxpayers. As we look toward these particular concerns, we have to address the reality of the number of people who are under supervision in the state of Michigan. Today we have over 100,000 people under supervision because of crimes committed in our communities. Of that 100,000 number, which includes probation, parole, and prison, 50 percent of those in the prison system today are, in fact, individuals who have been under supervision and have failed on probation or parole. This begs the question: Are we doing a good enough job at ensuring those individuals have the best chance for success in society? After all it is also a fact, colleagues, that of the approximately 43,000 prisoners we have in the state of Michigan, every three and a half years, we parole 43,000 people. This means that they come back to our communities. Do they come back prepared to be successful is the question. That is what this series of bills before you today attempts to address—the opportunity for success in returning offenders to our communities, whereby we decrease victimization, value the individuals who have been victimized, but also give the best chance for society to re-integrate those individuals in a way that hopefully decreases costs. That is an ancillary benefit that cannot be dismissed. Every time we see that opportunity before us, we will see additional abilities to invest in our roadways and our K-12 educa­ tional system. I will remind my colleagues here that whether it is juvenile justice, probation, parole, prison, or any place along that criminal justice timeline spectrum, any diversion along that way means more money available for us who would like to see investments in our kids. 1406 JOURNAL OF THE SENATE [June 9, 2016] [No. 58 As we focus on smart investments and reforms, we seek to stop the revolving door of our prison system on both the probation and parole sides of the equation. In doing so, we keep public safety at the forefront of our minds. We will also support those crime victims to ensure we decrease the number of individuals who become victims of crime. After all, we have 1.6 million crime victims in the state of Michigan today and growing. That equals someplace in the neighborhood of $1.71 billion of costs to society, something that cannot be pushed aside. Finally, this is a bipartisan effort. Working with my colleagues in this chamber, many of you are lead sponsors of the bills before us. Republicans and Democrats alike are trying to find solutions to the question of how we can stop the revolving door, and put ourselves in the best position for offender success that values public safety, because it is, in fact, our constitutional responsibility. I look forward to the passage of these bills, and I appreciate the opportunity to speak on the entire package before us. I especially appreciate the hard work of so many organizations that have helped to craft these bills to put us in the best position possible to send to the House of Representatives. I ask for support of the members. The following bill was read a third time: Senate Bill No. 934, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 2 of chapter XI (MCL 771.2), as amended by 2010 PA 351. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 454 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 935, entitled A bill to create the supervising region incentive program act; to create the supervising region incentive fund; to provide for use of the fund; and to provide for the powers and duties of certain state and local governmental officers and entities. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 58] [June 9, 2016] JOURNAL OF THE SENATE Roll Call No. 455 1407 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 948, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 3, 4, 5, and 6 of chapter XIA (MCL 771A.3, 771A.4, 771A.5, and 771A.6), as added by 2012 PA 616, and by adding a heading for chapter XIA. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 456 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 1408 JOURNAL OF THE SENATE [June 9, 2016] [No. 58 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 949, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 1086. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 457 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 937, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 8a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 458 Ananich Bieda Yeas—37 Hertel Knollenberg Robertson Hildenbrand Kowall Rocca No. 58] [June 9, 2016] JOURNAL OF THE SENATE 1409 Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 940, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 69b. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 459 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. 1410 JOURNAL OF THE SENATE [June 9, 2016] [No. 58 The following bill was read a third time: Senate Bill No. 941, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 44 (MCL 791.244), as amended by 1999 PA 191, and by adding section 44a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 460 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 947, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending sections 33 and 34d (MCL 791.233 and 791.234d), section 33 as amended by 1998 PA 320 and section 34d as added by 2014 PA 359. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 461 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen No. 58] [June 9, 2016] JOURNAL OF THE SENATE 1411 Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 932, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding chapter IIIB. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 462 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 936, entitled A bill to provide for the use of evidence-based supervision practices; to prescribe the powers and duties of certain state departments and local agencies; to require the adoption of certain rules; to regulate the use of funds by certain state departments and local agencies; and to require certain reports. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1412 JOURNAL OF THE SENATE [June 9, 2016] Roll Call No. 463 [No. 58 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 938, entitled A bill to create the criminal justice data collection and management program act; to describe the criminal justice data collection and management program; to provide for certain grants; and to provide for the powers and duties of certain state and local governmental officers and entities. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 464 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 No. 58] [June 9, 2016] JOURNAL OF THE SENATE 1413 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 939, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 31b. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 465 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 942, entitled A bill to amend 1989 PA 196, entitled “An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim’s rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim’s rights services; and to prescribe the powers and duties of certain state and local agencies and departments,” by amending section 4 (MCL 780.904), as amended by 2015 PA 9. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 466 Ananich Bieda Yeas—37 Hertel Knollenberg Robertson Hildenbrand Kowall Rocca 1414 JOURNAL OF THE SENATE [June 9, 2016] [No. 58 Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 943, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 84. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 467 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. No. 58] [June 9, 2016] JOURNAL OF THE SENATE 1415 The following bill was read a third time: Senate Bill No. 944, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 10b (MCL 400.10b), as amended by 2011 PA 198. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 468 Yeas—36 Ananich Hansen Knezek Proos Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Rocca Brandenburg Hood MacGregor Schmidt Casperson Hopgood Marleau Schuitmaker Colbeck Horn Meekhof Shirkey Emmons Hune Nofs Stamas Green Johnson O’Brien Young Gregory Jones Pavlov Zorn Nays—1 Warren Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 945, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” (MCL 791.201 to 791.285) by adding section 62d. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 469 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen 1416 JOURNAL OF THE SENATE [June 9, 2016] [No. 58 Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 946, entitled A bill to establish and implement a work opportunity employer reimbursement program; and to prescribe the powers and duties of certain state agencies and officials. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 470 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 974, entitled A bill to amend 1988 PA 511, entitled “Community corrections act,” by amending section 2 (MCL 791.402), as amended by 2014 PA 466. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 58] [June 9, 2016] JOURNAL OF THE SENATE Roll Call No. 471 1417 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 975, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 1 of chapter I (MCL 761.1), as amended by 2007 PA 20. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 472 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 1418 JOURNAL OF THE SENATE [June 9, 2016] [No. 58 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 105, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 10 (MCL 247.660), as amended by 2015 PA 175, and by adding sections 11g and 11h. The House of Representatives has substituted (H-3) the bill. The House of Representatives has passed the bill as substituted (H-3) and ordered that it be given immediate effect. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 473 Yeas—32 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Emmons Johnson Green Jones Gregory Knezek Knollenberg Proos Kowall Robertson MacGregor Rocca Marleau Schmidt Meekhof Schuitmaker Nofs Shirkey O’Brien Stamas Pavlov Zorn No. 58] [June 9, 2016] JOURNAL OF THE SENATE 1419 Nays—5 Colbeck Hune Warren Young Hood Excused—0 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 207, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding sections 62a, 625r, and 625s. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 474 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Excused—0 In The Chair: O’Brien Not Voting—0 1420 he T The The The JOURNAL OF THE SENATE [June 9, 2016] [No. 58 question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 251, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 11 of chapter XIIA (MCL 712A.11), as amended by 1996 PA 409, and by adding section 2f to chapter XIIA. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 475 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 434, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding sections 43b and 625q. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, No. 58] [June 9, 2016] JOURNAL OF THE SENATE 1421 licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” (MCL 257.1 to 257.923) by adding sections 43b and 625t. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 476 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—10 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Excused—0 Not Voting—0 In The Chair: O’Brien he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 899, entitled A bill to amend 1939 PA 141, entitled “Grain dealers act,” by amending sections 3 and 9 (MCL 285.63 and 285.69), as amended by 2002 PA 80, and by adding section 26a; and to repeal acts and parts of acts. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. 1422 JOURNAL OF THE SENATE [June 9, 2016] [No. 58 ending the order that, under rule 3.202, the bill be laid over one day, P Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 477 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: O’Brien he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. The President pro tempore, Senator Schuitmaker, resumed the Chair. Senate Bill No. 900, entitled A bill to amend 2003 PA 198, entitled “Farm produce insurance act,” by amending sections 7, 9, 11, and 15 (MCL 285.317, 285.319, 285.321, and 285.325), as amended by 2012 PA 149. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. House Bill No. 4440, entitled A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transporta­tion commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 11 (MCL 247.911), as amended by 2014 PA 302. No. 58] [June 9, 2016] JOURNAL OF THE SENATE 1423 he House of Representatives has substituted (H-4) the Senate substitute (S-1). T The House of Representatives has concurred in the Senate substitute (S-1) as substituted (H-4). Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the House substitute made to the Senate substitute, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 478 Yeas—34 Ananich Hansen Knollenberg Proos Bieda Hertel Kowall Robertson Booher Hildenbrand MacGregor Rocca Brandenburg Hood Marleau Schmidt Casperson Horn Meekhof Schuitmaker Colbeck Hune Nofs Shirkey Emmons Johnson O’Brien Stamas Green Jones Pavlov Zorn Gregory Knezek Nays—3 Hopgood Warren Young Excused—0 Not Voting—0 In The Chair: Schuitmaker By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senators Hertel, Jones, Knezek, Hune, O’Brien, Schmidt, Ananich, Young, MacGregor, Schuitmaker and Kowall intro­ duced Senate Bill No. 1027, entitled A bill to amend 1994 PA 295, entitled “Sex offenders registration act,” by amending section 34 (MCL 28.734), as amended by 2005 PA 322. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Bieda, Johnson, Jones, Ananich, Hopgood, Kowall and Casperson introduced Senate Bill No. 1028, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 83 (MCL 791.283). The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators O’Brien and Knezek introduced Senate Bill No. 1029, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 601c (MCL 257.601c), as added by 2001 PA 103. The bill was read a first and second time by title and referred to the Committee on Judiciary. 1424 JOURNAL OF THE SENATE [June 9, 2016] [No. 58 Senators Knezek and O’Brien introduced Senate Bill No. 1030, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12e of chapter XVII (MCL 777.12e), as amended by 2011 PA 59. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 4388, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1212 (MCL 380.1212), as amended by 2003 PA 299. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 5422, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 145n (MCL 750.145n), as amended by 2004 PA 559. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5578, entitled A bill to amend 1973 PA 186, entitled “Tax tribunal act,” by amending section 3 (MCL 205.703), as amended by 2008 PA 125, and by adding section 38. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 3:47 p.m. 3:58 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 477, entitled A bill to amend 2001 PA 266, entitled “Grade A milk law of 2001,” by amending section 6 (MCL 288.476), as amended by 2008 PA 136. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 557, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient No. 58] [June 9, 2016] JOURNAL OF THE SENATE 1425 travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 1c (MCL 247.651c), as amended by 2010 PA 28. The House of Representatives has passed the bill and ordered that the bill be given immediate effect. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 774, entitled A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 1107, 1111, 2129, 3113, 3115, 3119, 4105, and 4111 (MCL 289.1107, 289.1111, 289.2129, 289.3113, 289.3115, 289.3119, 289.4105, and 289.4111), sections 1107, 1111, and 4105 as amended by 2012 PA 178, sections 2129 and 3115 as amended by 2015 PA 142, section 3119 as amended by 2008 PA 375, and section 4111 as amended by 2015 PA 61. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 957, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20161 (MCL 333.20161), as amended by 2015 PA 104. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 479 Yeas—35 Ananich Hertel Bieda Hildenbrand Booher Hood Brandenburg Hopgood Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey 1426 JOURNAL OF THE SENATE [June 9, 2016] [No. 58 Casperson Horn Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Knollenberg Robertson Nays—2 Colbeck Hune Excused—0 Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. enate Concurrent Resolution No. 30. S A concurrent resolution to encourage the Governor to change the name of the Michigan Department of Corrections to the Michigan Department of Corrections and Rehabilitation. The question being on the adoption of the concurrent resolution, The concurrent resolution was adopted. enator Proos offered the following resolution: S Senate Resolution No. 192. A resolution to recognize June 13-19, 2016, as Men’s Health Week and June 13, 2016, as Blue Monday. Whereas, The top causes of death in American men are heart disease at 25.4 percent and cancer at 24.1 percent, and 1 in 6 American men will develop prostate cancer in their lifetime; and Whereas, More than half of all premature deaths among American men are preventable, and only 30 percent of men’s health factors are genetic, while 70 percent are environmental; and Whereas, Almost twice as many men as women die as a result of injuries and violence each year, and the three leading causes of death from injuries for men are road traffic injuries, suicide, and homicide; and Whereas, The purpose of Men’s Health Week is to heighten the awareness of preventable health problems and encourage early detection and treatment of disease among men and boys; and Whereas, This week gives health care providers, public policy makers, the media, and all individuals an opportunity to encourage men and boys to seek regular medical advice and early treatment for disease and injury; and No. 58] [June 9, 2016] JOURNAL OF THE SENATE 1427 Whereas, Blue Monday is a day to promote and kick off Men’s Health Week, endorse men’s health engagement, education, and advocacy, and demonstrate a dedicated interest in the men’s health movement; and Whereas, As part of Blue Monday, men, women, and children who wish to support the men in their lives are asked to dress in blue, and men are encouraged to plan exercise or a healthful activity to be a part of that day; and Whereas, Businesses, corporations, and community organizations are asked to embrace Blue Monday as part of their culture, joining employees together to support the cause; now, therefore, be it Resolved by the Senate, That the members of this legislative body recognize June 13-19, 2016, as Men’s Health Week and June 13, 2016, as Blue Monday in the state of Michigan. We strongly urge all citizens to increase their knowledge of men’s health issues as well as disease and injury prevention. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Hansen, Hildenbrand, Knollenberg, MacGregor and Pavlov were named co‑sponsors of the resolution. enator O’Brien offered the following resolution: S Senate Resolution No. 193. A resolution to commemorate June 2016 as Internet Safety Month. Whereas, We recognize that Internet Safety Month provides Michigan residents with an opportunity to learn more about the dangers of the Internet and the importance of being safe and responsible online. We observe this month of aware­ness here in Michigan as well as nationally; and Whereas, We commend and acknowledge state and community organizations for promoting awareness of the dangers of the Internet and providing information and training that develops critical thinking and decision-making skills that are needed to use the Internet safely. We call on Internet safety organizations, law enforcement, educators, community leaders, parents, and volunteers to increase their efforts to raise the level of awareness for the need for online safety in the United States; and Whereas, The Michigan Child Protection Registry honors Internet Safety Month by reminding parents that when they sign up for this registry, they can block adult-oriented advertisements like alcohol, tobacco, pornography, illegal online gambling, and illegal drugs from reaching their family’s email inboxes, cell phones, or instant messenger IDs; and Whereas, The Michigan Child Protection Registry was created by the Michigan Legislature in 2004 as a do-not-contact service for Michigan families. It is a free, state-administered program that allows Michigan’s families to protect their households from adult-oriented messages; and Whereas, The Michigan Child Protection Registry is administered by the Secretary of State and enforced by the Attorney General; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate June 2016 as Internet Safety Month in the state of Michigan. We urge all individuals to raise their awareness to ensure that their Internet time is safe and secure all year long. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Hansen, Hildenbrand, Knollenberg, MacGregor, Pavlov and Proos were named co‑sponsors of the resolution. enator Meekhof offered the following resolution: S Senate Resolution No. 194. A resolution of tribute offered as a memorial for Alvin J. DeGrow, former member of the Senate. Whereas, It is with great sorrow that we learned of the passing of Senator Alvin DeGrow, a highly respected member of this legislative body for more than 14 years. He will be remembered as a statesman, a businessman, and a true gentleman; and Whereas, Alvin DeGrow was born in Pigeon, Michigan, and after graduating high school, he joined the U.S. Navy, serving our nation during the Second World War. Mr. DeGrow was assigned to a tank landing ship in the Pacific Theater, and after the war ended, his ship assisted troops in the Chinese Civil War; and Whereas, Coming back to Pigeon after the war, Mr. DeGrow raised a family, owned and operated a retail store, and was involved in Rotary International. It was in Pigeon where he started his career in politics, serving on the board of Tri-County Community College before winning a special election to the Michigan State Senate in 1968; and 1428 JOURNAL OF THE SENATE [June 9, 2016] [No. 58 Whereas, Senator DeGrow served in the state legislature during challenging economic times. As a member of the Senate Appropriations Committee, he guided difficult budgetary decisions during the recessions of the 1970s. He also served as chair of the Health, Social Services and Retirement Committee and was a member of the Agriculture and Consumer Affairs, Highways, and Municipalities and Elections committees. Throughout his legislative career, Senator DeGrow forged compro­ mises and developed solutions to complex problems, working across the aisle to serve his constituents and the people of Michigan; and Whereas, Senator DeGrow continued to be involved in politics after leaving the Senate, founding a lobbying firm with two Senate colleagues. He retired in 1989; now, therefore, be it Resolved by the Senate, That we offer our highest tribute to honor the memory of Alvin J. DeGrow, a member of this legislative body from 1968 to 1982; and be it further Resolved, That copies of this resolution be transmitted to the DeGrow family as evidence of our lasting esteem for his memory. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted by a unanimous standing vote of the Senate. Senator Kowall moved that rule 3.204 be suspended to name the entire membership of the Senate and the Lieutenant Gov­ ernor as co‑sponsors of the resolution. The motion prevailed, a majority of the members serving voting therefor. A moment of silence was observed in memory of Alvin J. DeGrow, former member of the Senate. ouse Concurrent Resolution No. 24. H A concurrent resolution prescribing the legislative schedule. Resolved by the House of Representatives, (the Senate concurring), That when the House adjourns on Thursday June 9, 2016, it stands adjourned until Wednesday, July 13, 2016, at 10:00 a.m.; when it adjourns on Wednesday, July 13, 2016, it stands adjourned until Wednesday, August 3, 2016, at 10:00 a.m.; and when it adjourns on Wednesday, August 3, 2016, it stands adjourned until Wednesday, September 7, 2016, at 1:30 p.m.; and be it further Resolved, That when the Senate adjourns on Thursday, June 9, 2016, it stands adjourned until Wednesday, July 13, 2016, at 10:00 a.m.; when it adjourns on Wednesday, July 13, 2016, it stands adjourned until Wednesday, August 3, 2016, at 10:00 a.m.; and when it adjourns on Wednesday, August 3, 2016, it stands adjourned until Tuesday, September 6, 2016, at 10:00 a.m. The House of Representatives has adopted the concurrent resolution. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Opera­ tions, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The concurrent resolution was adopted. By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that, pursuant to rule 1.114, upon receipt of Senate bills returned from the House of Repre­ sentatives, the Secretary of the Senate be directed to proceed with the enrollment printing and presentation of the bills to the Governor. The motion prevailed. Committee Reports The Committee on Judiciary reported Senate Bill No. 742, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 931, 937, 940, and 946 (MCL 600.931, 600.937, 600.940, and 600.946), section 931 as amended by 2000 PA 86, and by adding section 945. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson No. 58] [June 9, 2016] JOURNAL OF THE SENATE 1429 To Report Out: Yeas: Senators Jones, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Michigan Competitiveness reported Senate Bill No. 1019, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17210 and 17708 (MCL 333.17210 and 333.17708), section 17708 as amended by 2016 PA 49. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Stamas, Proos and Warren Nays: Senator Robertson The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Michigan Competitiveness submitted the following: T Meeting held on Wednesday, June 8, 2016, at 1:30 p.m., Room 110, Farnum Building Present: Senators Shirkey (C), Stamas, Robertson, Proos and Warren The Committee on Regulatory Reform reported Senate Bill No. 889, entitled A bill to create the lawful Internet gaming act; to require the licensing and certification of persons to engage in Internet gaming; to create the division of Internet gaming; to provide for the powers and duties of the division of Internet gaming and other state governmental officers and entities; to impose fees; to impose a tax on the conduct of Internet gaming; to create the Internet gaming fund; to prohibit certain acts in relation to applications for licenses and certification and in relation to Internet gaming and to prescribe penalties for those violations; to require the promulgation of rules; and to provide remedies. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, Hune, Warren, Hertel and Johnson Nays: Senator MacGregor The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Regulatory Reform reported Senate Bill No. 890, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 310c. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, Hune, Warren, Hertel and Johnson Nays: Senator MacGregor The bill was referred to the Committee of the Whole. The Committee on Regulatory Reform reported Senate Bill No. 981, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 525 (MCL 436.1525), as amended by 2014 PA 353. 1430 JOURNAL OF THE SENATE [June 9, 2016] [No. 58 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Regulatory Reform submitted the following: T Meeting held on Wednesday, June 8, 2016, at 2:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Rocca (C), Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson The Committee on Government Operations reported Senate Bill No. 986, entitled A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” by amending sections 653 and 655 (MCL 550.1653 and 550.1655), as added by 2013 PA 4. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Arlan B. Meekhof Chairperson To Report Out: Yeas: Senators Meekhof, Hansen, Kowall, Ananich and Hood Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Government Operations submitted the following: T Meeting held on Wednesday, June 8, 2016, at 2:00 p.m., Rooms 402 and 403, Capitol Building Present: Senators Meekhof (C), Hansen, Kowall, Ananich and Hood The Committee on Appropriations reported House Bill No. 5571, entitled A bill to authorize the state administrative board to accept and convey property in Calhoun County; to prescribe condi­ tions for the acceptance and conveyance of the property; and to provide for disposition of revenue. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Conference Committee on Health and Human Services (HB 5274) submitted the following: T Meeting held on Tuesday, June 7, 2016, at 3:00 p.m., House Appropriations Room, 3rd Floor, Capitol Building Present: Senators Marleau, MacGregor and Hertel No. 58] [June 9, 2016] JOURNAL OF THE SENATE 1431 COMMITTEE ATTENDANCE REPORT he Conference Committee on Education Omnibus (SB 801) submitted the following: T Meeting held on Wednesday, June 8, 2016, at 5:00 p.m., House Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), Meekhof and Hopgood COMMITTEE ATTENDANCE REPORT he Conference Committee on General Omnibus (HB 5294) submitted the following: T Meeting held on Wednesday, June 8, 2016, at 5:15 p.m., House Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand, Meekhof and Gregory COMMITTEE ATTENDANCE REPORT he Committee on Economic Development and International Investment submitted the following: T Meeting held on Thursday, June 9, 2016, at 9:00 a.m., Room 210, Farnum Building Present: Senators Horn (C), Warren and Bieda Excused: Senators Schmidt, Brandenburg, Stamas and Emmons COMMITTEE ATTENDANCE REPORT he Senate Fiscal Agency Board of Governors submitted the following: T Meeting held on Thursday, June 9, 2016, at 9:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), Meekhof, MacGregor and Gregory Excused: Senator Ananich enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 4:13 p.m. Pursuant to House Concurrent Resolution No. 24, the President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Wednesday, July 13, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1432 No. 59 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Wednesday, July 13, 2016. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. enator Kowall moved that the Senate adjourn, pursuant to rule 1.205. S The motion prevailed, the time being 10:01 a.m. Committee Reports The Committee on Oversight reported Senate Bill No. 962, entitled A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 5, 44, 45, and 45a (MCL 24.205, 24.244, 24.245, and 24.245a), section 5 as amended by 2006 PA 460, section 44 as amended by 2004 PA 23, section 45 as amended by 2013 PA 200, and section 45a as amended by 2011 PA 245, and by adding section 45c. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Peter MacGregor Chairperson To Report Out: Yeas: Senators MacGregor, Kowall and Stamas Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Oversight submitted the following: T Meeting held on Thursday, June 9, 2016, at 8:30 a.m., Room 100, Farnum Building Present: Senators MacGregor (C), Kowall and Stamas Excused: Senators Schuitmaker and Gregory Scheduled Meetings Appropriations Subcommittee Corrections - Wednesday, July 20, 10:30 a.m., Rooms 402 and 403, Capitol Building (373-2768) 1434 JOURNAL OF THE SENATE [July 13, 2016] [No. 59 Criminal Justice Policy Commission - Wednesday, August 3, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) State Drug Court Advisory Committee - Tuesday, July 26, 10:00 a.m., Legislative Conference Room, 3rd Floor, Boji Tower (373-0212) Pursuant to House Concurrent Resolution No. 24, the President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Wednesday, August 3, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 60 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Wednesday, August 3, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. Pursuant to rule 3.104, the Senate proceeded to the order of Messages from the Governor The following messages from the Governor were received: Date: June 8, 2016 Time: 2:00 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 637 (Public Act No. 166), being An act to amend 1965 PA 329, entitled “An act to regulate the labeling, coloration, advertising, sale, offering, exposing, or transporting for sale of agricultural, vegetable, lawn, flower, and forest tree seeds; to authorize the director of agriculture to adopt rules for the enforcement of this act; to provide for the inspection and testing of seed; to prescribe license fees; to preempt ordinances prohibiting or regulating certain activities with respect to seeds; and to prescribe penalties for violation of this act,” by amending sections 2, 4, 7, and 9 (MCL 286.702, 286.704, 286.707, and 286.709), sections 2, 4, and 9 as amended by 1996 PA 86 and section 7 as amended by 1988 PA 455. (Filed with the Secretary of State on June 9, 2016, at 2:02 p.m.) Date: June 8, 2016 Time: 2:02 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 453 (Public Act No. 165), being An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 8501 (MCL 600.8501), as amended by 1988 PA 135. (Filed with the Secretary of State on June 9, 2016, at 2:00 p.m.) 1436 JOURNAL OF THE SENATE [August 3, 2016] [No. 60 Date: June 8, 2016 Time: 2:04 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 656 (Public Act No. 167), being An act to amend 1980 PA 299, entitled “An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations and to regulate certain persons and activities relative to those occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to provide immunity from certain civil liability for certain entities and certain related occupations under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,” by amending section 901 (MCL 339.901), as amended by 2014 PA 560. (Filed with the Secretary of State on June 9, 2016, at 2:04 p.m.) Date: June 8, 2016 Time: 2:06 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 657 (Public Act No. 168), being An act to amend 1981 PA 70, entitled “An act to regulate the collection practices of certain persons; to provide for the powers and duties of certain state agencies; and to provide penalties and civil fines,” by amending section 1 (MCL 445.251). (Filed with the Secretary of State on June 9, 2016, at 2:06 p.m.) Date: June 8, 2016 Time: 2:10 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 752 (Public Act No. 163), being An act to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending sections 315a and 376a (MCL 750.315a and 750.376a), as amended by 2014 PA 400. (Filed with the Secretary of State on June 9, 2016, at 1:56 p.m.) Date: June 8, 2016 Time: 2:12 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 569 (Public Act No. 169), being An act to amend 1978 PA 30, entitled “An act to provide for the creation and use of budget stabilization funds by counties, cities, villages, and townships,” by amending section 3 (MCL 141.443). (Filed with the Secretary of State on June 9, 2016, at 2:08 p.m.) Date: June 12, 2016 Time: 2:51 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 748 (Public Act No. 175), being An act to amend 1999 PA 276, entitled “An act to revise and codify the laws relating to banks, out-of-state banks, and foreign banks; to provide for their regulation and supervision; to prescribe the powers and duties of banks; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties; and to repeal acts and parts of acts,” by amending the title and sections 1202, 1203, 2202, 2203, 2308, 4108, and 4304 (MCL 487.11202, 487.11203, 487.12202, 487.12203, 487.12308, 487.14108, and 487.14304). (Filed with the Secretary of State on June 14, 2016, at 10:28 a.m.) No. 60] [August 3, 2016] JOURNAL OF THE SENATE 1437 Date: June 12, 2016 Time: 2:53 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 749 (Public Act No. 176), being An act to amend 1999 PA 276, entitled “An act to revise and codify the laws relating to banks, out-of-state banks, and foreign banks; to provide for their regulation and supervision; to prescribe the powers and duties of banks; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties; and to repeal acts and parts of acts,” by amending section 1201 (MCL 487.11201). (Filed with the Secretary of State on June 14, 2016, at 10:30 a.m.) Date: June 12, 2016 Time: 2:55 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 750 (Public Act No. 177), being An act to amend 1999 PA 276, entitled “An act to revise and codify the laws relating to banks, out-of-state banks, and foreign banks; to provide for their regulation and supervision; to prescribe the powers and duties of banks; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties; and to repeal acts and parts of acts,” by amending section 4301 (MCL 487.14301). (Filed with the Secretary of State on June 14, 2016, at 10:32 a.m.) Date: June 12, 2016 Time: 2:57 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 858 (Public Act No. 178), being An act to amend 2012 PA 159, entitled “An act to provide procedures to determine the paternity of children in certain circumstances; to allow acknowledgments, determinations, and judgments relating to paternity to be set aside in certain circumstances; to provide for the powers and duties of certain state and local governmental officers and entities; and to provide remedies,” by amending sections 13 and 15 (MCL 722.1443 and 722.1445), section 13 as amended by 2014 PA 374. (Filed with the Secretary of State on June 14, 2016, at 10:34 a.m.) Date: June 12, 2016 Time: 2:59 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 901 (Public Act No. 180), being An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 517a (MCL 436.1517a), as added by 2004 PA 170. (Filed with the Secretary of State on June 14, 2016, at 10:38 a.m.) Date: June 12, 2016 Time: 3:01 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 481 (Public Act No. 173), being An act to amend 2000 PA 321, entitled “An act to provide for the establishment of recreational authorities; to provide powers and duties of an authority; to authorize the assessment of a fee, the levy of a property tax, and the issuance of bonds and notes by an authority; and to provide for the powers and duties of certain government officials,” by amending section 11 (MCL 123.1141), as amended by 2003 PA 135, and by adding section 12. (Filed with the Secretary of State on June 14, 2016, at 10:24 a.m.) 1438 JOURNAL OF THE SENATE [August 3, 2016] [No. 60 Date: June 12, 2016 Time: 3:03 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 844 (Public Act No. 179), being An act to authorize the state administrative board to convey state-owned property in Ingham County; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance. (Filed with the Secretary of State on June 14, 2016, at 10:36 a.m.) Date: June 15, 2016 Time: 9:54 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 428 (Public Act No. 183), being An act to establish the American Red Cross Michigan fund in the department of treasury; to provide for the distribution of the money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations. (Filed with the Secretary of State on June 16, 2016, at 11:34 a.m.) Date: June 15, 2016 Time: 9:56 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 429 (Public Act No. 184), being An act to amend 1967 PA 281, entitled “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement by lien and otherwise of taxes on or measured by net income and on certain commercial, business, and financial activities; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal acts and parts of acts,” by amending section 435 (MCL 206.435), as amended by 2013 PA 92. (Filed with the Secretary of State on June 16, 2016, at 11:36 a.m.) Date: June 20, 2016 Time: 9:22 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 483 (Public Act No. 191), being An act to amend 1939 PA 288, entitled “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,” by amending sections 24 and 36 of chapter X and sections 13a, 18, and 18f of chapter XIIA (MCL 710.24, 710.36, 712A.13a, 712A.18, and 712A.18f), section 24 of chapter X as amended by 2014 PA 531, section 36 of chapter X as amended by 1996 PA 409, section 13a of chapter XIIA as amended by 2015 PA 228, section 18 of chap­ ter XIIA as amended by 2011 PA 295, and section 18f of chapter XIIA as amended by 2012 PA 115. (Filed with the Secretary of State on June 21, 2016, at 11:46 a.m.) Date: June 20, 2016 Time: 9:24 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 672 (Public Act No. 187), being An act to amend 1998 PA 386, entitled “An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the No. 60] [August 3, 2016] JOURNAL OF THE SENATE 1439 court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts,” by amending section 5109 (MCL 700.5109), as added by 2011 PA 61. (Filed with the Secretary of State on June 21, 2016, at 11:38 a.m.) Date: June 20, 2016 Time: 9:26 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 632 (Public Act No. 186), being An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending sections 308, 846, 866, and 867 (MCL 600.308, 600.846, 600.866, and 600.867), section 308 as amended by 2013 PA 164 and section 846 as amended by 1989 PA 70; and to repeal acts and parts of acts. (Filed with the Secretary of State on June 21, 2016, at 11:36 a.m.) Date: June 20, 2016 Time: 9:28 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 251 (Public Act No. 185), being An act to amend 1939 PA 288, entitled “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,” by amending section 11 of chapter XIIA (MCL 712A.11), as amended by 1996 PA 409, and by adding section 2f to chapter XIIA. (Filed with the Secretary of State on June 21, 2016, at 11:34 a.m.) Date: June 20, 2016 Time: 9:30 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 774 (Public Act No. 188), being An act to amend 2000 PA 92, entitled “An act to codify the licensure and regulation of certain persons engaged in processing, manufacturing, production, packing, preparing, repacking, canning, preserving, freezing, fabricating, storing, selling, serving, or offering for sale food or drink for human consumption; to prescribe powers and duties of the department of agriculture and rural development; to provide for delegation of certain powers and duties to certain local units of government; to provide exemptions; to regulate the labeling, manufacture, distribution, and sale of food for protection of the consuming public and to prevent fraud and deception by prohibiting the misbranding, adulteration, manufacture, distribution, and sale of foods in violation of this act; to provide standards for food products and food establishments; to provide for immunity to certain persons under certain circumstances; to provide for enforcement of the act; to provide penalties and remedies for violation of the act; to provide for fees; to provide for promulgation of rules; and to repeal acts and parts of acts,” by amending sections 1107, 1111, 2129, 3113, 3115, 3119, 4105, and 4111 (MCL 289.1107, 289.1111, 289.2129, 289.3113, 289.3115, 289.3119, 289.4105, and 289.4111), sections 1107, 1111, and 4105 as amended by 2012 PA 178, sections 2129 and 3115 as amended by 2015 PA 142, section 3119 as amended by 2008 PA 375, and section 4111 as amended by 2015 PA 61. (Filed with the Secretary of State on June 21, 2016, at 11:40 a.m.) 1440 JOURNAL OF THE SENATE [August 3, 2016] [No. 60 Date: June 20, 2016 Time: 9:32 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 957 (Public Act No. 189), being An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 20161 (MCL 333.20161), as amended by 2015 PA 104. (Filed with the Secretary of State on June 21, 2016, at 11:42 a.m.) Date: June 21, 2016 Time: 2:21 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 711 (Public Act No. 195), being An act to amend 2014 PA 181, entitled “An act to create the Michigan financial review commission act; to provide for the operation of certain commissions; to create funds and accounts; to prescribe the powers and duties of certain commissions, the state treasurer, certain other state officials and state employees, and certain local officials; to provide for the dissolution of certain commissions; and to make certain appropriations,” by amending sections 3, 5, and 7 (MCL 141.1633, 141.1635, and 141.1637), as amended by 2016 PA 53. (Filed with the Secretary of State on June 21, 2016, at 3:02 p.m.) Date: June 21, 2016 Time: 2:23 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 820 (Public Act No. 196), being An act to amend 1978 PA 566, entitled “An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies,” by amending section 3 (MCL 15.183), as amended by 2015 PA 134. (Filed with the Secretary of State on June 21, 2016, at 3:04 p.m.) Date: June 21, 2016 Time: 2:25 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 822 (Public Act No. 197), being An act to amend 1980 PA 243, entitled “An act to provide emergency financial assistance for certain political subdivisions of this state; to create a local emergency financial assistance loan board and to prescribe the powers and duties of this board; to prescribe conditions for granting and receiving loans, to prescribe terms and conditions for the repayment of loans, and to allow the limiting of repayment by a county from specified revenue sources; to impose certain requirements and duties on certain state departments, political subdivisions of this state, and officials of this state and political subdivisions of this state; and to prescribe remedies and penalties,” by amending sections 2, 3, 4, and 6 (MCL 141.932, 141.933, 141.934, and 141.936), as amended by 2015 PA 115; and to repeal acts and parts of acts. (Filed with the Secretary of State on June 21, 2016, at 3:06 p.m.) No. 60] [August 3, 2016] JOURNAL OF THE SENATE 1441 Date: June 21, 2016 Time: 8:50 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 809 (Public Act No. 198), being An act to create the office of the Michigan veterans’ facility ombudsman; and to prescribe the powers and duties of the office, the ombudsman, the legislative council, and the department of military and veterans affairs. (Filed with the Secretary of State on June 22, 2016, at 2:04 p.m.) Date: June 22, 2016 Time: 10:50 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 292 (Public Act No. 221), being An act to amend 1984 PA 431, entitled “An act to prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending section 367 (MCL 18.1367), as amended by 1999 PA 8. (Filed with the Secretary of State on June 23, 2016, at 1:24 p.m.) Date: June 22, 2016 Time: 10:52 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 610 (Public Act No. 233), being An act to amend 1978 PA 59, entitled “An act relative to condominiums and condominium projects; to prescribe powers and duties of the administrator; to provide certain protections for certain tenants, senior citizens, and persons with disabilities relating to conversion condominium projects; to provide for escrow arrangements; to provide an exemption from certain property tax increases; to impose duties on certain state departments; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending section 67 (MCL 559.167), as amended by 2002 PA 283. (Filed with the Secretary of State on June 23, 2016, at 1:48 p.m.) Date: June 22, 2016 Time: 10:54 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 673 (Public Act No. 222), being An act to amend 2000 PA 146, entitled “An act to provide for the establishment of obsolete property rehabilitation districts in certain local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of certain local government officials; and to provide penalties,” by amending section 16 (MCL 125.2796), as amended by 2010 PA 137. (Filed with the Secretary of State on June 23, 2016, at 1:26 p.m.) Date: June 22, 2016 Time: 10:56 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 883 (Public Act No. 223), being An act to amend 1984 PA 431, entitled “An act to prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department 1442 JOURNAL OF THE SENATE [August 3, 2016] [No. 60 to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain acts and parts of acts,” (MCL 18.1101 to 18.1594) by adding sections 360 and 360a. (Filed with the Secretary of State on June 23, 2016, at 1:28 p.m.) Date: June 22, 2016 Time: 10:58 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 914 (Public Act No. 220), being An act to amend 1976 PA 390, entitled “An act to provide for planning, mitigation, response, and recovery from natural and human-made disaster within and outside this state; to create the Michigan emergency management advisory council and prescribe its powers and duties; to prescribe the powers and duties of certain state and local agencies and officials; to prescribe immunities and liabilities; to provide for the acceptance of gifts; and to repeal acts and parts of acts,” by amending section 18 (MCL 30.418), as amended by 2013 PA 109. (Filed with the Secretary of State on June 23, 2016, at 1:22 p.m.) Date: June 22, 2016 Time: 11:00 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 599 (Public Act No. 224), being An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 2567 (MCL 600.2567), as amended by 2004 PA 538. (Filed with the Secretary of State on June 23, 2016, at 1:30 p.m.) Date: June 22, 2016 Time: 11:02 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 600 (Public Act No. 225), being An act to amend 1937 PA 146, entitled “An act to establish, protect and enforce by lien the rights of laborers, contractors, sub-contractors and material men and other persons furnishing labor, tools, or materials, or other things of value, for the drilling, boring, torpedoing, acidizing, completing, operating or repairing of any oil or gas well, or the constructing or repairing of any oil or gas pipe line, oil or gas derrick, or oil tank,” by amending section 4 (MCL 570.254). (Filed with the Secretary of State on June 23, 2016, at 1:32 p.m.) Date: June 22, 2016 Time: 11:04 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 601 (Public Act No. 226), being An act to amend 1983 PA 102, entitled “An act to provide for the recording and filing of notices of federal liens and discharges of federal liens; and to repeal certain acts and parts of acts,” by amending section 6 (MCL 211.666). (Filed with the Secretary of State on June 23, 2016, at 1:34 p.m.) No. 60] [August 3, 2016] JOURNAL OF THE SENATE 1443 Date: June 22, 2016 Time: 11:06 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 602 (Public Act No. 227), being An act to amend 1968 PA 203, entitled “An act to provide for the recording and filing of notices of state tax liens and discharges of tax liens,” by amending section 5 (MCL 211.685). (Filed with the Secretary of State on June 23, 2016, at 1:36 p.m.) Date: June 22, 2016 Time: 11:08 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 603 (Public Act No. 228), being An act to amend 1936 (Ex Sess) PA 1, entitled “An act to protect the welfare of the people of this state through the establishment of an unemployment compensation fund, and to provide for the disbursement thereof; to create certain other funds; to create the Michigan employment security commission, and to prescribe its powers and duties; to provide for the protection of the people of this state from the hazards of unemployment; to levy and provide for contributions from employers; to levy and provide for obligation assessments; to provide for the collection of those contributions and assessments; to enter into reciprocal agreements and to cooperate with agencies of the United States and of other states charged with the administration of any unemployment insurance law; to furnish certain information to certain governmental agencies for use in administering public benefit and child support programs and investigating and prosecuting fraud; to provide for the payment of benefits; to provide for appeals from redeterminations, decisions and notices of assessments; and for referees and a board of review to hear and decide the issues arising from redeterminations, decisions and notices of assessment; to provide for the cooperation of this state and compliance with the provisions of the social security act and the Wagner-Peyser act passed by the Congress of the United States of America; to provide for the establishment and maintenance of free public employment offices; to provide for the transfer of funds; to make appropriations for carrying out the provisions of this act; to prescribe remedies and penalties for the violation of this act; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 15 (MCL 421.15), as amended by 2011 PA 269. (Filed with the Secretary of State on June 23, 2016, at 1:38 p.m.) Date: June 22, 2016 Time: 11:10 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 604 (Public Act No. 229), being An act to amend 1962 PA 174, entitled “An act to enact the uniform commercial code, relating to certain commercial transactions in or regarding personal property and contracts and other documents concerning them, including sales, commercial paper, bank deposits and collections, letters of credit, bulk transfers, warehouse receipts, bills of lading, other documents of title, investment securities, leases, and secured transactions, including certain sales of accounts, chattel paper and contract rights; to provide for public notice to third parties in certain circumstances; to regulate procedure, evidence and damages in certain court actions involving such transactions, contracts or documents; to make uniform the law with respect thereto; to make an appropriation; to provide penalties; and to repeal certain acts and parts of acts,” by amending section 9525 (MCL 440.9525), as amended by 2004 PA 212. (Filed with the Secretary of State on June 23, 2016, at 1:40 p.m.) Date: June 22, 2016 Time: 11:12 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 737 (Public Act No. 230), being An act to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and 1444 JOURNAL OF THE SENATE [August 3, 2016] [No. 60 duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 25 (MCL 205.25), as amended by 2002 PA 657. (Filed with the Secretary of State on June 23, 2016, at 1:42 p.m.) Date: June 23, 2016 Time: 2:22 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 690 (Public Act No. 237), being An act to amend 1991 PA 179, entitled “An act to regulate and insure the availability of certain telecommunication services; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties; and to repeal acts and parts of acts,” by amending subheading E of article 3 and section 315 (MCL 484.2315), as amended by 2011 PA 58. (Filed with the Secretary of State on June 24, 2016, at 11:06 a.m.) Date: June 23, 2016 Time: 2:24 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 691 (Public Act No. 238), being An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 17601 (MCL 333.17601), as added by 2008 PA 524. (Filed with the Secretary of State on June 24, 2016, at 11:08 a.m.) Date: June 23, 2016 Time: 2:26 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 692 (Public Act No. 239), being An act to amend 1974 PA 258, entitled “An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health or substance use disorder services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness, substance use disorder, or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness, substance use disorder, or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts,” by amending section 939 (MCL 330.1939), as amended by 1990 PA 263. (Filed with the Secretary of State on June 24, 2016, at 11:10 a.m.) Date: June 23, 2016 Time: 2:28 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 693 (Public Act No. 240), being An act to amend 1937 PA 72, entitled “An act to establish the division on deafness and the advisory council on deafness within the department of labor; to prescribe the powers and duties of the department, the division, the council, and certain No. 60] [August 3, 2016] JOURNAL OF THE SENATE 1445 state officers; to establish a fund and provide for expenditures from that fund; and to provide for an appropriation,” by amending the title and section 1 (MCL 408.201), as amended by 1988 PA 434. (Filed with the Secretary of State on June 24, 2016, at 11:12 a.m.) Date: June 23, 2016 Time: 2:30 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 694 (Public Act No. 241), being An act to amend 1937 PA 72, entitled “An act to establish the division on deafness and the advisory council on deafness within the department of labor; to prescribe the powers and duties of the department, the division, the council, and certain state officers; to establish a fund and provide for expenditures from that fund; and to provide for an appropriation,” by amending section 2 (MCL 408.202), as amended by 1988 PA 434. (Filed with the Secretary of State on June 24, 2016, at 11:14 a.m.) Date: June 23, 2016 Time: 2:32 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 976 (Public Act No. 234), being An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2015 PA 201. (Filed with the Secretary of State on June 24, 2016, at 11:00 a.m.) Date: June 23, 2016 Time: 2:38 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 207 (Public Act No. 242), being An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” (MCL 257.1 to 257.923) by adding sections 62a, 625r, and 625s. (Filed with the Secretary of State on June 24, 2016, at 11:16 a.m.) 1446 JOURNAL OF THE SENATE [August 3, 2016] [No. 60 Date: June 23, 2016 Time: 2:40 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 434 (Public Act No. 243), being An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” (MCL 257.1 to 257.923) by adding sections 43b and 625t. (Filed with the Secretary of State on June 24, 2016, at 11:18 a.m.) Date: June 23, 2016 Time: 2:42 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 878 (Public Act No. 244), being An act to amend 1986 PA 32, entitled “An act to provide for the establishment of emergency 9-1-1 districts; to provide for the installation, operation, modification, and maintenance of universal emergency 9-1-1 service systems; to provide for the imposition and collection of certain charges; to provide the powers and duties of certain state agencies, local units of government, public officers, service suppliers, and others; to create an emergency 9-1-1 service committee; to provide remedies and penalties; and to repeal acts and parts of acts,” by amending section 405 (MCL 484.1405), as amended by 2011 PA 271. (Filed with the Secretary of State on June 24, 2016, at 11:20 a.m.) Date: June 23, 2016 Time: 2:46 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 105 (Public Act No. 246), being An act to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for No. 60] [August 3, 2016] JOURNAL OF THE SENATE 1447 grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 10 (MCL 247.660), as amended by 2015 PA 175, and by adding sections 11g and 11h. (Filed with the Secretary of State on June 24, 2016, at 11:24 a.m.) Date: June 23, 2016 Time: 2:48 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 523 (Public Act No. 247), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 72114 (MCL 324.72114), as amended by 2014 PA 210, and by adding section 72117. (Filed with the Secretary of State on June 24, 2016, at 11:26 a.m.) Date: June 23, 2016 Time: 2:50 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 651 (Public Act No. 260), being An act to provide for exemption of certain property from certain taxes; to levy and collect a specific tax upon the owners of certain property; to provide for the disposition of the tax; to prescribe the powers and duties of certain local government officials; and to provide penalties. (Filed with the Secretary of State on June 28, 2016, at 11:30 a.m.) Date: June 23, 2016 Time: 2:52 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 652 (Public Act No. 261), being An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” by amending section 7jj (MCL 211.7jj[1]), as amended by 2015 PA 107, and by adding section 7vv. (Filed with the Secretary of State on June 28, 2016, at 11:32 a.m.) Date: June 27, 2016 Time: 11:47 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 801 (Public Act No. 249), being An act to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 3, 4, 6, 11, 11a, 11j, 11k, 11m, 11r, 15, 18, 19, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25e, 25f, 25g, 26a, 26b, 26c, 31a, 31c, 1448 JOURNAL OF THE SENATE [August 3, 2016] [No. 60 31d, 31f, 31h, 32d, 32p, 35, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 55, 56, 61a, 61b, 62, 64b, 65, 67, 74, 81, 94, 94a, 98, 99h, 99s, 101, 102d, 104, 104b, 104c, 104d, 107, 147, 147a, 147c, 152a, 166, 166b, 201, 201a, 202a, 203, 206, 207, 207a, 207b, 207c, 209, 210b, 212, 217, 219, 220, 222, 223, 224, 225, 226, 229a, 230, 236, 236a, 236b, 236c, 237b, 241, 246, 251, 252, 254, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 274c, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, and 290 (MCL 388.1603, 388.1604, 388.1606, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1611r, 388.1615, 388.1618, 388.1619, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622g, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625e, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631c, 388.1631d, 388.1631f, 388.1631h, 388.1632d, 388.1632p, 388.1635, 388.1635a, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1655, 388.1656, 388.1661a, 388.1661b, 388.1662, 388.1664b, 388.1665, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1698, 388.1699h, 388.1699s, 388.1701, 388.1702d, 388.1704, 388.1704b, 388.1704c, 388.1704d, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1766, 388.1766b, 388.1801, 388.1801a, 388.1802a, 388.1803, 388.1806, 388.1807, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810b, 388.1812, 388.1817, 388.1819, 388.1820, 388.1822, 388.1823, 388.1824, 388.1825, 388.1826, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1837b, 388.1841, 388.1846, 388.1851, 388.1852, 388.1854, 388.1856, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1874c, 388.1875, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, and 388.1890), sections 3, 203, 207, 212, 219, 220, 223, 251, and 254 as amended and section 237b as added by 2012 PA 201, sections 4, 6, 98, 107, 230, and 256 as amended by 2016 PA 56, sections 11, 21f, 31a, and 32d as amended by 2015 PA 139, sections 11a, 11j, 11k, 11m, 11r, 15, 20, 20d, 20f, 20g, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25e, 25f, 26a, 26b, 26c, 31d, 31f, 32p, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b, 74, 81, 94, 94a, 99h, 101, 104, 104b, 104c, 147, 147a, 147c, 152a, 201, 201a, 206, 207a, 207b, 207c, 209, 210b, 217, 222, 225, 226, 229a, 236, 236a, 236b, 236c, 241, 246, 252, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 25g, 31c, 31h, 35, 35a, 55, 61b, 65, 67, 99s, 102d, 104d, and 274c as added by 2015 PA 85, section 18 as amended by 2015 PA 114, sections 19, 202a, 224, and 275 as amended by 2014 PA 196, section 166 as amended by 1996 PA 300, section 166b as amended by 2015 PA 222, and section 290 as amended by 2013 PA 60, and by adding sections 11o, 11s, 20m, 21, 21g, 31b, 31j, 32q, 54b, 61c, 63, 99t, 152b, 167a, 210e, 236d, and 286a; and to repeal acts and parts of acts. (Filed with the Secretary of State on June 27, 2016, at 3:20 p.m.) Date: June 27, 2016 Time: 12:45 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 653 (Public Act No. 262), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 51108 (MCL 324.51108), as amended by 2014 PA 146. (Filed with the Secretary of State on June 28, 2016, at 11:34 a.m.) Date: June 27, 2016 Time: 12:47 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 477 (Public Act No. 259), being An act to amend 2001 PA 266, entitled “An act to regulate the production, transportation, handling, processing, delivery, and sale of grade A milk and milk products; to define grade A milk and milk products and to establish standards and requirements for grade A milk and milk products; to provide for dairy food safety; to provide for the sampling, sampling analysis, and transportation of milk and milk products; to regulate the labeling, manufacture, distribution, and sale of milk and milk products for the protection of the consuming public and to prevent fraud and deception by prohibiting the misbranding, adulteration, manufacture, distribution, and sale of milk and milk products; to provide for enforcement; to provide for licenses and permits and revocation of licenses and permits; to impose certain fees; to require certain security arrangements of milk plants to ensure the prompt payment of producers; to prescribe powers and duties of certain state departments and officers; to provide for uniform standards and uniform inspection; to provide for promulgation of rules; to provide for certain remedies and penalties; and to repeal acts and parts of acts,” by amending section 6 (MCL 288.476), as amended by 2008 PA 136. (Filed with the Secretary of State on June 28, 2016, at 11:28 a.m.) No. 60] [August 3, 2016] JOURNAL OF THE SENATE 1449 Date: June 27, 2016 Time: 12:49 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 899 (Public Act No. 263), being An act to amend 1939 PA 141, entitled “An act to regulate the storage, warehousing, buying, and selling of farm produce within this state; to provide for the licensing, regulation, and bonding of grain dealers; to provide for warehouse receipts, acknowledgment forms, and price later agreements and their use and priority; to provide for the creation of security interests; to provide for certain powers and duties of the department of agriculture and its director; to impose certain duties on insurance companies and sureties; and to provide administrative remedies and penalties for the violation of this act,” by amending sections 3 and 9 (MCL 285.63 and 285.69), as amended by 2002 PA 80, and by adding section 26a; and to repeal acts and parts of acts. (Filed with the Secretary of State on June 28, 2016, at 11:36 a.m.) Date: June 27, 2016 Time: 12:51 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 900 (Public Act No. 264), being An act to amend 2003 PA 198, entitled “An act to provide insurance to farm produce producers against losses from the failure of grain dealers; to establish a farm produce insurance authority; to prescribe the powers and duties of the authority and its board; to establish a farm produce insurance fund; to provide for assessments on certain producers of farm products; to impose a fee for regulation of grain dealers and enforcement activities; to prescribe certain powers and duties of certain state agencies and officers; to authorize the promulgation of rules; and to repeal acts and parts of acts,” by amending sections 7, 9, 11, and 15 (MCL 285.317, 285.319, 285.321, and 285.325), as amended by 2012 PA 149. (Filed with the Secretary of State on June 28, 2016, at 11:38 a.m.) Date: June 29, 2016 Time: 4:35 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 504 (Public Act No. 271), being An act to amend 1995 PA 279, entitled “An act to license and regulate the conducting of horse race meetings in this state with pari-mutuel wagering on the results of horse races and persons involved in horse racing and pari-mutuel gaming activities at such race meetings; to create the office of racing commissioner; to prescribe the powers and duties of the racing commissioner; to prescribe certain powers and duties of the department of agriculture and the director of the department of agriculture; to provide for the promulgation of rules; to provide for the imposition of taxes and fees and the disposition of revenues; to impose certain taxes; to create funds; to legalize and permit the pari-mutuel method of wagering on the results of live and simulcast races at licensed race meetings in this state; to appropriate the funds derived from pari-mutuel wagering on the results of horse races at licensed race meetings in this state; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending sections 2, 8, 9, 10, 12, 14, 17, 18, 19, 19a, 20, 22, 30, and 31 (MCL 431.302, 431.308, 431.309, 431.310, 431.312, 431.314, 431.317, 431.318, 431.319, 431.319a, 431.320, 431.322, 431.330, and 431.331), section 2 as amended by 2006 PA 445, sections 9, 10, and 12 as amended by 2000 PA 164, sec­ tions 14, 17, and 18 as amended and section 19a as added by 1998 PA 408, and section 20 as amended by 2006 PA 185, and by adding sections 6a and 19b. (Filed with the Secretary of State on July 1, 2016, at 9:33 a.m.) Date: June 29, 2016 Time: 4:37 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 505 (Public Act No. 272), being An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and 1450 JOURNAL OF THE SENATE [August 3, 2016] [No. 60 to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 14d of chapter XVII (MCL 777.14d), as added by 2002 PA 29. (Filed with the Secretary of State on July 1, 2016, at 9:35 a.m.) Respectfully, Rick Snyder Governor The following message from the Governor was received on June 16, 2016, and read: EXECUTIVE ORDER No. 2016-14 Creation of the Building the 21st Century Economy Commission Executive Office of the Governor WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and WHEREAS, Section 4 of Article V of the Michigan Constitution of 1963 authorizes the establishment of temporary commissions or agencies for special purposes; and WHEREAS, under Section 1 of 1931 PA 195, MCL 10.51, the Governor may, at such times and for such purposes as the Governor deems necessary or advisable, create special advisory bodies consisting of as many members as the Governor deems appropriate; and WHEREAS, Section 17 of Article V of the Michigan Constitution of 1963 empowers the Governor to present to the Legislature information as to the affairs of the state and recommend measures that he considers necessary or desirable; and WHEREAS, Michigan’s economy has rebounded from the depths of the Great Recession, and businesses have created nearly 450,000 private sector jobs since December 2010, cutting our unemployment rate in half; and WHEREAS, Michigan is number one in the nation for manufacturing job growth, and the automotive industry set U.S. records for car sales in this country over the last year; and WHEREAS, Michigan’s economy is more productive than it has been in years, driven by the success of our big three industries - automotive, agriculture, and tourism; and WHEREAS, Michigan can be neither complacent nor content with our economic success, and must develop a strategy to build Michigan’s economy of the future that will strengthen our existing industries, encourage new industries to grow, and promote a culture of continuous innovation; and WHEREAS, Michigan must leverage our strengths in talent, natural resources, geography, and our education system, while supporting our existing industries; and WHEREAS, government can help create the environment for the state’s economy to flourish, and the brightest minds in Michigan’s leading industries can provide the direction to help guide the state’s economic future and create a culture of innovation; and WHEREAS, it is critical that the state of Michigan develop a comprehensive, coordinated, and effective long-term economic vision that guides planning, investment, and prioritization in Michigan; and WHEREAS, the establishment of the Building the 21st Century Economy Commission will advise and assist in matters relating to the assessment and development of a 21st Century Economy strategy and will be responsible for providing a full set of recommendations by June 30, 2017; NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I.  CREATION OF THE BUILDING THE 21st CENTURY ECONOMY COMMISSION A. The Building the 21st Century Economy Commission (the “Commission”) is created as a temporary commission pursuant to Article V, Section 4 of the Constitution of the state of Michigan of 1963 and shall serve as an advisory body within the Executive Office of the Governor. No. 60] [August 3, 2016] JOURNAL OF THE SENATE 1451 B. The Commission shall be an independent and autonomous entity with the intent that its authority, powers, duties, and responsibilities be exercised free from the direction and supervision of the principal departments in the executive branch, and shall be composed of the twenty-three (23) members appointed as follows: 1. The Governor shall appoint eleven (11) voting members to the Commission serving at the pleasure of the Governor. 2. The following four (4) voting members: • One (1) member appointed by the Speaker of the House; • One (1) member appointed by the House Minority Leader; • One (1) member appointed by the Senate Majority Leader; and • One (1) member appointed by the Senate Minority Leader. 3. The following eight (8) department or agency directors, chairpersons, or chief executive officers or their designee from within their respective department or agency who shall be non-voting, ex officio members: • The Department of Transportation; • The Department of Environmental Quality; • The Department of Agriculture and Rural Development; • The Department of Technology, Management and Budget; • The Department of Talent and Economic Development; • The Department of Natural Resources; • The Michigan Agency for Energy; and • The Michigan Public Service Commission or his or her designee. C. A vacancy on the Commission shall be filled in the same manner as the original appointment. D. The Commission shall include individuals representing key Michigan industries who have a particular interest or expertise in economic development. II.  CHARGE TO THE COMMISSION The Commission shall act in an advisory capacity to the Governor and the state of Michigan, and shall do all of the following to recommend to the Governor the scope of comprehensive economic vision for this state: 1. Develop a recommended vision of Michigan’s economic future, including identifying existing industries and their trajectory, potential for new industry growth, goals, and metrics for success. 2. Identify ways to achieve that future, including leveraging Michigan’s strengths such as talent, natural resources, geography, and our education system. 3. Propose strategies and conditions necessary to create an environment for economic success, including: state and local government fiscal policies and governance; infrastructure needs; necessary regulatory framework; stable, long-term economic development tools; talent development and attraction; promoting and enhancing our state brand and image. 4. Propose strategies to support Michigan’s top industries: automotive and manufacturing, tourism, and agriculture. 5. Propose strategies to encourage nascent industries to grow and identify potential opportunities for success in industries including mobility, health and medical, insurance and finance, aerospace, skilled-trades, innovation capital, and tech. 6. Propose strategies to make Michigan a center of innovation, which would include connecting students with professional opportunities, attracting talent to our state, encouraging investment and business development, creating a regulatory environ­ ment that welcomes innovation, and fostering connections among innovators across the state. 7. Identify priorities over the next twenty (20) years, with short-term and long-term action items to achieve the vision of Michigan’s economic future. 8. Provide other information or advice as directed by the Governor. 9. No later than June 30, 2017, complete its work and issue a final report to the Governor for his consideration. A copy of the final report shall be transmitted to the Legislature. 10. Ninety (90) days after issuance and transference of its final report, the Commission shall be deemed to have met the charges placed upon it by this Executive Order and shall cease operations. III.  OPERATIONS OF THE COMMISSION A. The Commission shall be staffed by personnel from and assisted by state departments and agencies as directed by the Governor’s Office. B. The Governor shall designate the Chairperson or Chairpersons of the Commission who shall serve as Chairperson at the pleasure of the Governor. C. The Commission may select from among its members a Vice Chairperson. D. The Commission shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Commission. Meetings of the Commission may be held anywhere within the state of Michigan. E. The Commission may establish workgroups or committees assigning Commission members to and inviting public participation on these workgroups or committees as the Commission deems necessary. F. The Commission may adopt, reject, or modify recommendations made by the workgroups or committees. G. A majority of the voting members of the Commission serving constitutes a quorum for the transaction of the Commission’s business notwithstanding the existence of one (1) or more vacancies. The Commission shall act by majority vote of its present and voting members for the purpose of making recommendations to the Governor. 1452 JOURNAL OF THE SENATE [August 3, 2016] [No. 60 H. The Commission shall adopt procedures consistent with Michigan law and this Order governing its organization and operations. I. The Commission may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. Subject to the Governor’s approval, the Commission may consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, government agencies, and the nonprofit sector. J. Members of the Commission shall serve without compensation. Subject to the Governor’s approval and available funding, members of the Commission may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Michigan Civil Service Commission and the Department of Technology, Management and Budget. K. The Commission may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of the Commission and the performance of its duties, as the Governor deems advisable and necessary in accordance with the relevant statutes, rules, and procedures of the Civil Service Commission and the Department of Technology, Management and Budget. L. The Commission may accept grants of funds, donations of funds, property, labor, services, or other things of value from any public or private agency or person. Any donations shall be expended in accordance with applicable laws, rules, and procedures. M. Members of the Commission, staff, or contractors shall refer all legal, legislative, and media contacts relating to Commission actions or activities to the Office of the Governor. IV. MISCELLANEOUS A. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state shall give to the Commission, or to any member or representative of the Commission, any necessary assistance required by the Commission or any member or representative of the Commission, in the performance of the duties of the Commission so far as is compatible with its, his, or her duties. Free access shall also be given to any books, records, or documents in its, his, or her custody, relating to matters within the scope of inquiry, study, or investigation of the Commission. B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order shall not abate by reason of the taking effect of this Order. C. Nothing in this Order shall be construed to change the organization of the executive branch of state government or the assignment of functions among its units in a manner requiring the force of law. D. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order. This Executive Order shall become effective upon filing. Given under my hand and the Great Seal of the state of [SEAL] Michigan this 16th day of June, in the Year of our Lord Two Thousand Sixteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. The following message from the Governor was received on June 23, 2016, and read: EXECUTIVE ORDER No. 2016-15 Creation of the Michigan Prescription Drug and Opioid Abuse Commission Department of Licensing and Regulatory Affairs Michigan Prescription Drug and Opioid Abuse Task Force Controlled Substances Advisory Commission Advisory Committee on Pain and Symptom Management WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units which the Governor considers necessary for efficient administration; and No. 60] [August 3, 2016] JOURNAL OF THE SENATE 1453 WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor unless otherwise provided by the constitution; and WHEREAS, the Controlled Substances Advisory Commission (“CSAC”) was established in 1989 pursuant to MCL 333.7113 to monitor indicators of controlled substance abuse and diversion in the state and make recommendations to the Governor for actions involving licensing, law enforcement, substance abuse treatment and prevention, education, professional associations, and pharmaceutical manufacturers; and WHEREAS, the Advisory Committee on Pain and Symptom Management (“ACPSM”) was created in 1999 pursuant to MCL 333.16204a to consult with the health professional boards to develop an integrated approach to understanding and applying pain and symptom management techniques; and WHEREAS, the ACPSM was also tasked with developing and encouraging the implementation of model core curricula and recommending continuing education for each health profession; and WHEREAS, the ACPSM has successfully completed the duties assigned to the committee and its recommendations were presented to the Governor in its annual reports; and WHEREAS, the Prescription Drug and Opioid Abuse Task Force (“Task Force”) was established in 2015 to build on the work of the CSAC and ACPSM to address the growing prescription drug and opioid problem in Michigan; and WHEREAS, the Task Force developed several recommendations regarding prevention, treatment, regulation, policy and outcomes, and enforcement in its statewide action plan dated October 26, 2015; and WHEREAS, it is necessary to create a commission to ensure the implementation and monitoring of the statewide plan and to make further recommendations to combat the severe and complex prescription drug abuse epidemic that faces this state; NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I.  CREATION OF THE PRESCRIPTION DRUG AND OPIOID ABUSE COMMISSION A. The Prescription Drug and Opioid Abuse Commission (“Commission”) is established in the Department of Licensing and Regulatory Affairs (“Department”). B. All of the authority, powers, duties, functions, responsibilities, and records of the Michigan Prescription Drug and Opioid Abuse Task Force (“Task Force”), the Controlled Substances Advisory Commission, and the Advisory Committee on Pain and Symptom Management, are transferred to the Commission created by this Order. C. The Commission shall be composed of seventeen (17) members appointed and serving at the pleasure of the Governor. The term of the Commission will be two years. D. The Commission will consist of the following members: one allopathic doctor, one osteopathic doctor, one dentist, one veterinarian, one physician’s assistant, one registered professional nurse, one pharmacist, two law enforcement officers, one psychologist, one representative from a Michigan hospice organization, one chronic pain sufferer, one representative from a Michigan medical school, one representative from a statewide pharmacy association, one representative of pharmaceutical manufacturers, one substance abuse treatment provider, and one member representing the general public. E. The Director, or designee, of the Department of Licensing and Regulatory Affairs (“Director”) shall serve as an ex-officio, non-voting Chairperson of the Commission. The Commission may elect other officers from its members as the Commission considers appropriate. F. The Attorney General, Director of the Department of Health and Human Services, Director of the Michigan State Police, or their designees, shall serve as ex-officio, non-voting members of the Commission. G. The Commission shall be administered under the supervision of the Department. The Commission shall exercise its prescribed powers, duties, and functions independently of the Director of the Department. All budgeting, procurement, and related management functions of the Commission shall be performed under the direction and supervision of the Department. II.  CHARGE TO THE COMMISSION A. The Commission shall act in an advisory capacity to the Governor and the Director and shall do all of the following: 1. Review the Report of Findings and Recommendations for Action from the Michigan Prescription Drug and Opioid Abuse Task Force dated October 26, 2015 (“Report”). 2. Develop and propose policies and an action plan to implement the recommendations in the Report. 3. Monitor and advise the Governor as to the progress of the action plan. 4. Evaluate the efficacy of the current proposals and continually develop new solutions to address societal changes. 5. Develop and encourage the implementation of model core curricula on pain and symptom management. B. The Commission shall also provide other information and advice to the Governor regarding the state of prescription drug and opioid abuse in Michigan. C. The Commission shall issue an annual report to the Governor outlining the progress of the issues addressed in Section II and providing recommendations for any further action. III.  OPERATIONS OF THE COMMISSION A. The Commission shall be assisted by personnel from the Department as directed by the Governor. B. The Commission may hold public hearings in the same manner as provided for a public hearing held under the Administrative Procedures Act of 1969, to gather information from the general public. 1454 JOURNAL OF THE SENATE [August 3, 2016] [No. 60 C. Members of the Commission shall serve without compensation but may receive reimbursement for necessary travel and expenses according to relevant statutes, rules, and procedures of the Department, subject to available appropriations. D. Members of the Commission shall refer all legal, legislative, and media contacts to the Department. IV. MISCELLANEOUS A. Any suit, action, or other proceeding lawfully commenced by or against the Task Force, CSAC, or the ACPSM prior to the effective date of this Order shall not abate by reason of the taking effect of this Order. Any lawfully commenced suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order. B. The Controlled Substances Advisory Commission and the Advisory Committee on Pain and Symptom Management are abolished. C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order. In fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, this Order shall be effective 60 days after the filing of this Order. Given under my hand and the Great Seal of the state of [SEAL] Michigan this 23rd day of June in the Year of Our Lord, Two Thousand and Sixteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. The following message from the Governor was received on June 30, 2016, and read: EXECUTIVE ORDER No. 2016-16 Creation of the Governor’s 21st Century Education Commission Amendment to Executive Order 2016-6 Executive Office of the Governor WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and WHEREAS, Section 4 of Article V of the Michigan Constitution of 1963 authorizes the establishment of temporary commissions or agencies for special purposes; and WHEREAS, under Section 1 of 1931 PA 195, being MCL 10.51, the Governor may, at such times and for such purposes as the Governor deems necessary or advisable, create special advisory bodies consisting of as many members as the Governor deems appropriate; and WHEREAS, Section 17 of Article V of the Michigan Constitution of 1963 empowers the Governor to present to the Legislature information as to the affairs of the state and recommend measures that he considers necessary or desirable; and WHEREAS, an educated and knowledgeable population is critical to Michigan’s economic and civic vitality and its quality of life; and WHEREAS, a skilled, credentialed work force capable of sustained success in a global, knowledge-based economy is a necessary outcome of a state’s system of education and WHEREAS, Michigan’s current system of local, regional, and state education entities is over five decades old and was designed primarily to produce a mid-skilled workforce for a manufacturing economy; and WHEREAS, Michigan’s current system of funding education hasn’t been modified in over twenty years and there have been significant changes in the state’s population and economy since that time; and WHEREAS, Michigan falls below the national average in critical measures of educational attainment including the number of individuals with college degrees or work-values credentials; and WHEREAS, the current system of education is producing significantly disparate achievement results for minority and economically disadvantaged students and a growing number of students seeking postsecondary credentials require costly remedial coursework in order to continue; and No. 60] [August 3, 2016] JOURNAL OF THE SENATE 1455 WHEREAS, Michigan cannot hope to maintain its economic vitality and quality of life without making dramatic gains in the academic achievement and career preparedness of all its residents; and WHEREAS, the people of Michigan have historically supported and invested in a system of public education to open the doors of educational opportunity and employment to all; and WHEREAS, we must act now to ensure our system of education, its structure, governance, funding, and accountability, is focused on student achievement and success for the good of all residents and the vitality of the state; NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I. AMENDMENT Section II.C. of Executive Order 2016-6 is amended to read as follows: No later than February 28, 2017, shall complete its work and issue a final report to the Governor for his consideration. II. MISCELLANEOUS All other provisions of Executive Order 2016-6 not specifically amended by this Order shall remain unchanged. This Executive Order shall become effective upon filing. Given under my hand and the Great Seal of the state of Michigan this 30th day of June, in the Year of our Lord [SEAL] Two Thousand Sixteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. The following message from the Governor was received on July 15, 2016, and read: EXECUTIVE ORDER No. 2016-17 Activation of the National Guard to Assist in Responding to the Gogebic Storm Disaster WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the State of Michigan in the Governor; and WHEREAS, under Section 12 of Article V of the Michigan Constitution of 1963 the Governor is the Commander‑in‑Chief of the state armed forces and may call them out to execute the laws; and WHEREAS, Section 151 of the Michigan Military Act, MCL 32.551, authorizes the Governor to order any members of the organized militia to active state service in the aid of the civil authority in times of public danger, disaster, crisis, catastrophe, or other public emergency within the state; and WHEREAS, on July 12, 2016, severe weather, intense rain, straight-line winds, and a tornado struck Gogebic County, Michigan, causing significant destruction and has impacted access to emergency services; and WHEREAS, the area primarily affected is Gogebic County, including Ironwood Township, the City of Wakefield, Bessemer Township, and Erwin Township; and WHEREAS, the storm caused widespread and severe damage to roads, bridges, culverts, and other public facilities and infrastructure, causing an immediate threat to public health and safety and disrupting vital community services; and WHEREAS, by the Executive Proclamation of Disaster issued on July 15, 2016, the Governor declared a disaster and directed that the Emergency Management and Homeland Security Division of the Department of State Police, to coordinate and maximize all state efforts, and called upon all state departments and agencies to utilize available resources to assist Gogebic County, Ironwood Township, the City of Wakefield, Bessemer Township and Erwin Township, pursuant to the Michigan Emergency Management Plan; NOW, THEREFORE, in consequence of the above, I, Richard D. Snyder, Governor of the State of Michigan, pursuant to the Michigan Constitution of 1963, the Michigan Military Act, 1967 PA 150, MCL 32.501 et seq., and the Emergency Management Act, 1976 PA 390, MCL 30.401 et seq., order the following: 1. The Adjutant General of the Michigan National Guard is directed to order to active state service units and individuals of the Michigan National Guard that, in his discretion, he deems appropriate to meet general mission assignments as determined by the Director of the Department of State Police, or her designee. 2. The Director of the Department of State Police, or her designee, shall coordinate and maximize all state efforts, including such units and individuals of the Michigan National Guard that may be activated to state service to assist Gogebic County, Ironwood Township, the City of Wakefield, Bessemer Township and Erwin Township in accordance with the Michigan Emergency Management Plan. 1456 JOURNAL OF THE SENATE [August 3, 2016] [No. 60 3. The Michigan National Guard is activated until such time as determined by the Adjutant General, after consultation with the Director of the Department of State Police, or her designee. The Executive Order shall become effective upon filing. Given under my hand and the Great Seal of the state of Michigan this 15th day of July, in the year of our Lord, [SEAL] Two Thousand Sixteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. The following message from the Governor was received on July 27, 2016, and read: EXECUTIVE ORDER No. 2016-18 Creation of Michigan PreK-12 Literacy Commission Michigan Department of Education WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that he considers necessary for efficient administration; and WHEREAS, it is important that the state of Michigan ensure that students are prepared to meet the demands of the 21st century workforce; and WHEREAS, the state of Michigan recognizes the importance of literacy in student achievement; and WHEREAS, state government leaders formed a workgroup that undertook a review of the state’s current policies concerning literacy; and WHEREAS, a key finding of the workgroup was that an independent commission be established to provide policy recommendations and progress reports to the Governor and legislature as the state works to become a national leader in literacy; and WHEREAS, establishment of a PreK-12 Literacy Commission within the Michigan Department of Education will advise and assist in matters relating to the assessment, professional development, education programming, socioeconomic challenges, best practices, collaboration, parental engagement, and teaching of literacy; NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I.  CREATION OF THE MICHIGAN PreK-12 LITERACY COMMISSION A. The PreK-12 Literacy Commission (the “Commission”) is created as an advisory body within the Michigan Department of Education (the “Department”). B. The Governor shall appoint seven (7) members to the Commission, serving at the pleasure of the Governor, as follows: • Two (2) members appointed to initial terms expiring October 31, 2017; • Two (2) members appointed to initial terms expiring October 31, 2018; • Two (2) members appointed to initial terms expiring October 31, 2019; and • One (1) member appointed to an initial term expiring October 31, 2020; After the initial appointments, members of the Commission appointed under this subsection shall serve terms of four (4) years. C. The Governor shall additionally appoint six (6) members to the Commission as follows: • Two (2) members submitted by the Superintendent of Public Instruction who shall serve terms of four (4) years; • One (1) member submitted by the Speaker of the House of Representatives who shall serve a term of two (2) years; • One (1) member submitted by the Minority Leader of the House of Representatives who shall serve a term of two (2) years; • One (1) member submitted by the Senate Majority Leader who shall serve a term of two (2) years; and • One (1) member submitted by the Senate Minority Leader who shall serve a term of two (2) years. No. 60] [August 3, 2016] JOURNAL OF THE SENATE 1457 D. A vacancy on the Commission occurring other than by expiration of a term shall be filled in the same manner as the original appointment for the balance of the unexpired term. A member may continue serving until his or her successor is appointed. A member may serve successive terms if reappointed. E. The Commission shall include individuals representing the business, education, and philanthropic communities who have a particular interest or expertise in literacy in the state of Michigan. F. The Commission shall include at least one member with literacy experience in an urban setting, at least one member with experience in Special Education literacy, and at least one member with experience in English-Language Learners. II.  CHARGE TO THE COMMISSION A. The Commission shall act in an advisory capacity to the Governor and the state of Michigan, and shall do all of the following: 1. Suggest PreK-12 literacy goals for the state and publish relevant progress reports to the public, Governor, and legislature on PreK-12 literacy in Michigan. 2. Advise the Governor, legislature, and Department on how state policy can better align to the unique literacy challenges that schools face based on the school’s locale and socioeconomic status of the school’s population. 3. Investigate, analyze, and advise the Governor, legislature, and Department regarding changes in state programs, statutes, regulations, and policies concerning PreK-12 literacy. 4. Monitor current PreK-12 literacy research, pilot programs, and policies nationwide and report on their applicability to adoption in Michigan. 5. Examine current literacy-focused professional development practices across the state and identify and publish best practices. 6. Promote partnerships between the state, schools, businesses, nonprofit organizations, and philanthropies towards the goal of PreK-12 literacy in Michigan. 7. Monitor nationwide trends in the use of assessments, intervention, and data-driven instruction relevant to PreK-12 literacy and make reports concerning those trends to the Governor, legislature, and Department. 8. Recognize the efforts of teachers, schools, and districts that have made great strides in PreK-12 literacy in Michigan. 9. Encourage collaboration between teachers, schools, and districts around resources, proven methods, and best practices concerning PreK-12 literacy. 10. Examine and report on proven methods to engage parents in promoting literacy amongst Michigan’s PreK-12 students. 11. Review the preparation that Michigan teachers receive regarding literacy and report to the legislature and Governor regarding how state policy reflects current research and best practices. B. As directed by the Superintendent of Public Instruction (the “Superintendent”), Department staff shall assist the Commission with establishment of policies and procedures regarding the use of grants and other funds. C. The Commission shall provide other information or advice as requested by the Governor, legislature, or the Department. III.  OPERATIONS OF THE COMMISSION A. The Commission shall be staffed and assisted by personnel from the Department as directed by the Superintendent. Any budgeting, procurement, and related management functions of the Commission shall be performed under the direction and supervision of the Superintendent. B. The Governor shall designate the Chairperson of the Commission. C. The Commission may select from among its members a Vice Chairperson. D. The Commission may select from among its members a Secretary. Commission staff shall assist the Secretary with recordkeeping responsibilities. E. The Commission may create committees and advisory panels from among its members to assist in policymaking recommendations. F. A majority of the members of the Commission serving constitutes a quorum for the transaction of the commission’s business. The Commission shall act in making its recommendations by a majority vote of its serving members. G. The Commission shall adopt procedures consistent with Michigan law and this Order governing its organization and operations, and may establish committees and request public participation on advisory panels as the commission deems necessary. The Commission may adopt, reject, or modify any recommendations proposed by committees or advisory panels. H. The Commission shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Commission. I. The Commission may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. The Commission may consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, government agencies, and institutions of higher education. 1458 JOURNAL OF THE SENATE [August 3, 2016] [No. 60 J. Members of the Commission shall serve without compensation but may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Michigan Civil Service Commission and the Department of Technology, Management and Budget, subject to available funding. K. In accordance with applicable state contracting and procurement procedures, the Commission may make or enter into contracts necessary or incidental to the exercise of the powers of the board and the performance of its duties, including the hiring or retention of contractors, consultants, or agents, as the Superintendent deems advisable and necessary. L. The Commission may accept donations of labor, services, or other things of value from any public or private agency or person. Any donations shall be expended in accordance with applicable laws, rules, and procedures. M. Members of the Commission shall refer all legal, legislative, and media contacts to the Department. IV. MISCELLANEOUS A. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state may give to the Commission, or to any member or representative of the Commission, any necessary assistance required by the Commission or any member or representative of the Commission, in the performance of the duties of the Commission so far as is compatible with its, his, or her duties. B. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order. This Executive Order shall become effective upon filing. Given under my hand and the Great Seal of the state of [SEAL] Michigan this 27th day of July, in the Year of our Lord Two Thousand Sixteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. The following messages from the Governor were received and read: May 25, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Capitol Committee Brian Calley of 10198 Butler Road, Portland, Michigan 48875, county of Ionia, succeeding himself, is reappointed for a term expiring January 24, 2017. Elizabeth Clement of 1525 Stanlake Drive, East Lansing, Michigan 48823, county of Ingham, succeeding herself, is reap­ pointed for a term expiring January 24, 2017. Darin Ackerman of 916 Riverside Drive, Portland, Michigan 48875, county of Ionia, succeeding Dennis Muchmore, is appointed for a term expiring January 24, 2017. Marsha Quebbeman of 3910 Bayberry Lane, Lansing, Michigan 48911, county of Ingham, succeeding herself, is reap­ pointed for a term expiring January 24, 2017. June 3, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Board of Dentistry Gregory P. Heintschel of 1844 Wooden Landing Road, Petoskey, Michigan 48236, county of Emmet, representing dentists, succeeding Nicholas Brounias, is appointed for a term expiring June 30, 2020. Peter C. Chiaravalli of 510 W. Dill Drive, Dewitt, Michigan 48820, county of Clinton, representing dentists, succeeding Deborah Manos, is appointed for a term expiring June 30, 2020. Rita L. Hale of 302 E. Chocolay Street, Munising, Michigan 49862, county of Alger, representing the general public, succeeding herself, is reappointed for a term expiring June 30, 2020. Timothy R. Schmakel of 30 Cranbrook Road, Bloomfield Hills, Michigan 48304, county of Oakland, representing dentists, succeeding himself, is reappointed for a term expiring June 30, 2020. Paula Weidig of 4291 Gratiot Avenue, Fort Gratiot, Michigan 48059, county of Saint Clair, representing dental hygienists, succeeding herself, is reappointed for a term expiring June 30, 2020. June 3, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Employment Relations Commission Natalie Priest Yaw of 18362 Devonshire Drive, Beverly Hills, Michigan 48025, county of Oakland, a Democrat, succeeding herself, is reappointed for a term commencing July 1, 2016, and expiring June 30, 2019. No. 60] [August 3, 2016] JOURNAL OF THE SENATE 1459 June 3, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Finance Authority Board of Directors William R. Beekman of 6180 Whitehills Lake Drive, East Lansing, Michigan 48823, county of Ingham, representing Independents and residents of the state with experience in issues relating to hospitals or health facilities or relating to public finance, succeeding MaryLee Davis, is appointed for a term expiring September 30, 2017. June 3, 2016 I respectfully submit to the Senate the following appointment to office: Board of Law Examiners Christopher M. Murray of 365 McKinley Avenue, Grosse Pointe Farms, Michigan 48236, county of Wayne, succeeding himself, is reappointed for a term expiring June 30, 2021. June 3, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Liquor Control Commission Edward D. Clemente of 1704 Riverbank, Lincoln Park, Michigan 48146, county of Wayne, a Democrat, succeeding himself, is reappointed to serve a term expiring June 12, 2020. June 3, 2016 I respectfully submit to the Senate the following appointments to office: Military Appeals Tribunal Thomas B. Bourque of 3769 Santa Fe Trail, Ann Arbor, Michigan 48108, county of Washtenaw, licensed to practice law, succeeding himself, is reappointed for a term expiring on April 16, 2020. Gaetan Gerville-Reache of 4851 Meadow Spring Trial, S.E., Ada, Michigan 49301, county of Kent, licensed to practice law, succeeding Michael Distel, is appointed for a term expiring on April 16, 2020. June 3, 2016 I respectfully submit to the Senate the following appointments to office: Board of Examiners in Mortuary Science Thomas G. Chrzanowski of 6780 Jackson Drive, Taylor, Michigan 48180, county of Wayne, representing the general public, succeeding Russel Kohler, is appointed for a term expiring June 30, 2017. Patrick Miller of 2475 Red Maple Drive, Troy, Michigan 48098, county of Oakland, representing the general public, succeeding himself, is reappointed for a term expiring June 30, 2020. Mark E. Ransford of 692 W. Burnside Street, Caro, Michigan 48723, county of Tuscola, representing professionals, succeeding himself, is reappointed for a term expiring June 30, 2020. June 3, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Board of Nursing Jill D. DeVries of 1686 S. Trillium Circle, Zeeland, Michigan 49464, county of Ottawa, representing licensed practical nurses, succeeding herself, is reappointed for a term expiring June 30, 2020. Joshua Meringa of 3377 Elwood Avenue, S.W., Grandville, Michigan 49418, county of Kent, representing professional registered nurses with a baccalaureate degree engaged in nursing practice or nursing administration, succeeding himself, is reappointed for a term expiring June 30, 2020. Mary D. VanderKolk of 1702 Wayne Street, Traverse City, Michigan 49684, county of Grand Traverse, representing registered professional nurses with a baccalaureate degree engaged in nursing education in a licensed practical nurse program, succeeding herself, is reappointed for a term expiring June 30, 2020. June 3, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Board of Pharmacy James G. Stevenson of 16766 Old Bedford Road, Northville, Michigan 48167, county of Wayne, representing profes­ sionals, succeeding himself, is reappointed for a term expiring June 30, 2020. June 6, 2016 I respectfully submit to the Senate the following appointments to office: Child Lead Poisoning Elimination Board Riley Alley of 4147 Blue River Drive, Saint Clair, Michigan 48079, county of Saint Clair, is appointed for a term expiring at the pleasure of the Governor. Rosalynn Bliss of 21 Holmdene Boulevard, Grand Rapids, Michigan 49503, county of Kent, is appointed for a term expiring at the pleasure of the Governor. 1460 JOURNAL OF THE SENATE [August 3, 2016] [No. 60 Abdulrahman Mohamed El-Sayed of 10 Witherell Street, Suite 802, Detroit, Michigan 48226, county of Wayne, is appointed for a term expiring at the pleasure of the Governor. Paul E. Haan of 420 Sweet Street, N.E., Grand Rapids, Michigan 49505, county of Kent, is appointed for a term expiring at the pleasure of the Governor. Mona Hanna-Attisha of 2133 Lawn Dale Avenue, West Bloomfield, Michigan 48323, county of Oakland, is appointed for a term expiring at the pleasure of the Governor. Rebecca M. Meuninck of 3115 Oakwood Street, Ann Arbor, Michigan 48104, county of Washtenaw, is appointed for a term expiring at the pleasure of the Governor. Thomas L. Thompson of 2405 Placid Way, Ann Arbor, Michigan 48105, county of Washtenaw, is appointed for a term expiring at the pleasure of the Governor. June 6, 2016 I respectfully submit to the Senate the following appointment to office: Co-Chair Pipeline Safety Advisory Board Timothy J. O’Brien of 243 Covington Court, Northville, Michigan 48168, county of Wayne, is appointed for a term expiring at the pleasure of the Governor. June 7, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Aeronautics Commission Roger F. Salo of 10972 Wellington Court, Plymouth, Michigan 48170, county of Wayne, succeeding himself, is reap­ pointed for a term expiring May 27, 2020. Rick J. Fiddler of 8525 Baileau Oaks, N.E., Ada, Michigan 49301, county of Kent, succeeding himself, is reappointed for a term expiring May 27, 2020. June 7, 2016 I respectfully submit to the Senate the following appointments to office: Mackinac Bridge Authority Barbara J. Brown of 84 Prospect Street, Saint Ignace, Michigan 49781, county of Mackinac, a Democrat, succeeding herself, is reappointed for a term expiring June 30, 2022. Patrick F. Gleason of 5215 N. State Street, Davison, Michigan 48423, county of Genesee, a Democrat, succeeding himself, is reappointed for a term expiring June 30, 2022. June 13, 2016 I respectfully submit to the Senate the following appointments to office: Michigan State Board of Accountancy James E. Bayson of 3009 N.W. Torch Lake Drive, Kewadin, Michigan 49648, county of Antrim, representing certified public accountants, succeeding himself, is reappointed for a term expiring June 30, 2020. Barbra E. Homier of 2977 Mela Via Court, N.E., Ada, Michigan 49301, county of Kent, representing the general public, succeeding herself, is reappointed for a term expiring June 30, 2020. June 13, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Board of Athletic Trainers Christina M. Eyers of 9362 Village Manor Drive, Plymouth, Michigan 48170, county of Wayne, representing athletic trainers, succeeding herself, is reappointed for a term expiring June 30, 2020. June 13, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Collection Practices Board Rebecca L. Roberts of 1711 N. Sutton Road, Jackson, Michigan 49202, county of Jackson, representing professionals, succeeding herself, is reappointed for a term expiring June 30, 2020. June 13, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Board of Counseling Gerald J. Papazian of 19102 Birchview Trail, Lake Ann, Michigan 49650, county of Benzie, representing professionals engaged primarily in providing counseling techniques, behavior modification techniques, or preventative techniques to clients, succeeding himself, is reappointed for a term expiring June 30, 2020. No. 60] [August 3, 2016] JOURNAL OF THE SENATE 1461 Robyn J. Emde of 1402 S. State Street, St. Joseph, Michigan 49085, county of Berrien, representing those engaged primarily in teaching, training or research in counseling, succeeding herself, is reappointed for a term expiring June 30, 2020. June 13, 2016 I respectfully submit to the Senate the following appointments to office: Farm Produce Insurance Authority Mark J. Kies of 5551 Thompson Road, Allen, Michigan 49227, county of Hillsdale, representing the largest Michigan organization exclusively representing the interest of corn producers in Michigan, succeeding Scott Miller, is appointed for a term expiring June 20, 2019. Greg Ackerman of 5486 Dixon Street, Vassar, Michigan 48768, county of Tuscola, representing the largest Michigan organization exclusively representing dry bean producers in Michigan, succeeding himself, is reappointed for a term expiring June 20, 2019. Benjamin R Chaffin of 3611 W. St. Charles Road, Ithaca, Michigan 48847, county of Gratiot, representing the largest Michigan organization exclusively representing the interests of soybean producers in Michigan, succeeding himself, is reap­ pointed for a term expiring June 20, 2019. Matthew Frostic of 2615 E. Applegate Road, Applegate, Michigan 48401, county of Sanilac, representing producers from the largest Michigan organization representing general farm interests in Michigan, succeeding himself, is reappointed for a term expiring June 20, 2019. James Howe of 905 E. Tuscola Street, Frankenmuth, Michigan 48734, county of Saginaw, representing the largest Michigan organization representing the interest of licensees in Michigan, succeeding himself, is reappointed for a term expiring June 20, 2019. Steven R. Kluemper of 1120 Cherry Valle Lane, Williamston, Michigan 48895, county of Ingham, representing the largest Michigan organization representing the interests of agricultural lenders, succeeding himself, is reappointed for a term expiring June 20, 2019. June 13, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Board of Massage Therapy Rachael N. Viitala of 23 White Oak Drive, Marquette, Michigan 49855, county of Marquette, representing professional members, succeeding Donald Bowman, is appointed for a term expiring December 31, 2019. June 13, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Board of Nursing Home Administrators Kimberly A. Kimbrough-Wozniak of 1549 Chapel Road, Muskegon, Michigan 49441, county of Muskegon, representing nursing home administrators, succeeding herself, is reappointed for a term expiring June 30, 2020. Margaret A. Chatti of 2595 Kerria Drive, Howell, Michigan 48855, county of Livingston, representing nursing home administrators, succeeding herself, is reappointed for a term expiring June 30, 2020. June 13, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Board of Optometry Nancy Peterson-Klein of 10559 Maple Drive, Mecosta, Michigan 49332, county of Mecosta, representing optometrists, succeeding herself, is reappointed for a term expiring June 30, 2020. John E. Kaminski of 5213 Huntington Drive, Midland, Michigan 48640, county of Midland, representing optometrists, succeeding himself, is reappointed for a term expiring June 30, 2020. Carl Powers of P.O. Box 2098, Petoskey, Michigan 49770, county of Emmet, representing optometrists, succeeding himself, is reappointed for a term expiring June 30, 2020. June 13, 2016 I respectfully submit to the Senate the following appointment to office: State Plumbing Board Anthony M. D’Ascenzo of 16145 Oakwood Court, Northville, Michigan 48168, county of Wayne, representing licensed master plumbers securing permits, succeeding himself, is reappointed for a term expiring June 30, 2019. June 13, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Council for Rehabilitation Services Steve H. Perdue of 4544 Lands End Drive, Traverse City, Michigan 49686, county of Grand Traverse, representing business, succeeding Adam Kaplan, is appointed for a term expiring December 31, 2018. 1462 JOURNAL OF THE SENATE [August 3, 2016] [No. 60 June 15, 2016 I respectfully submit to the Senate the following appointment to office: Western Michigan University Board of Control William F. Pickard of 335 Pine Ridge Drive, Bloomfield Hills, Michigan 48304, county of Oakland, succeeding Ronald Hall, is appointed for a term expiring December 31, 2020 June 20, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Beef Industry Commission Travis M. Schunk of 4855 E. Browns Road, Clare, Michigan 48617, county of Clare, representing meat packaging execu­ tives, succeeding John Vanderboon, is appointed for a term expiring May 31, 2019. Jill Sears of 6701 Reynolds Road, Horton, Michigan 49246, county of Jackson, representing cattle feeders, succeeding herself, is reappointed for a term expiring May 31, 2019. June 20, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Wheat Promotion Committee Gerald W. Heck of 4345 W. Albain Road, Monroe, Michigan 48161, county of Monroe, representing District 3 growers, succeeding himself, is reappointed for a term expiring May 31, 2019. Frank Vyskocil of 6237 Henderson Road, New Lothrop, Michigan 48460, county of Shiawassee, representing District 6 growers, succeeding himself, is reappointed for a term expiring May 31, 2019. Brent H. Wagner of 5537 County Road 633, Grawn, Michigan 49637, county of Grand Traverse, representing District 8 growers, succeeding Chris Schmidt, is appointed for a term expiring May 31, 2019. June 21, 2016 I respectfully submit to the Senate the following appointment to office: Great Lakes Protection Fund Board of Directors Mark D. Meijer of 2568 Fletcher Drive, N.E., Grand Rapids, Michigan 49506, county of Kent, succeeding Patti Birkholz, is appointed for a term expiring October 11, 2016. July 5, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Board of Athletic Trainers Jeremy Marra of 215 Old Creek Drive, Saline, Michigan 48176, county of Washtenaw, representing athletic trainers, succeeding Rosemary Snyder, is appointed for a term expiring June 30, 2018. July 5, 2016 I respectfully submit to the Senate the following appointment to office: Commissioner - Michigan Public Service Commission Rachael A. Eubanks of 620 Whitehills Drive, East Lansing, Michigan 48823, county of Ingham, an Independent, succeed­ ing John Quackenbush, is appointed for a term commencing August 1, 2016, and expiring July 2, 2017. July 5, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Travel Commission Lawrence J. Schuler of 1912 Sunset Court, St. Joseph, Michigan 49085, county of Branch, succeeding himself, is reappointed for a term expiring August 20, 2020. Julie B. Sprenger of 320 Tamarack Street, Laurium, Michigan 49913, county of Houghton, succeeding herself, is reappointed for a term expiring August 20, 2020. Jerome Toney of 8575 Bridlewood Trail, Howell, Michigan 48843, county of Livingston, succeeding himself, is reappointed for a term expiring August 20, 2020. July 8, 2016 I respectfully submit to the Senate the following appointment to office: Investment Advisory Committee Reginald Sanders of 6341 McGillicuddy Lane, Portage, Michigan 49024, county of Kalamazoo, representing the general public, succeeding himself, is reappointed for a term expiring December 15, 2018. No. 60] [August 3, 2016] JOURNAL OF THE SENATE 1463 July 8, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Board of Audiology Sharon L. Blackburn of 704 Holly Road, Cadillac, Michigan 49601, county of Wexford, representing audiologists, succeed­ ing herself, is reappointed for a term expiring June 30, 2020. July 8, 2016 I respectfully submit to the Senate the following appointment to office: Local Community Stabilization Authority Council David A. Keenan of 4760 Stephen Court, Auburn, Michigan 48611, county of Bay, succeeding John O’Reilly, is appointed for a term expiring September 3, 2016. July 8, 2016 I respectfully submit to the Senate the following appointment to office: Residential Builders’ and Maintenance and Alteration Contractors’ Board Stephen MacGuidwin of 2559 Lake Drive, S.E., East Grand Rapids, Michigan 49506, county of Kent, representing the general public, succeeding Gary August, is appointed for a term expiring March 31, 2020. July 8, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Board of Respiratory Care Elizabeth D. Glasser of 813 Clover Drive, Gaylord, Michigan 49735, county of Otsego, representing respiratory therapists, succeeding Carl Haas, is appointed for a term expiring December 31, 2019. Andrew Weirauch of 41443 Five Mile Road, Plymouth, Michigan 48170, county of Wayne, representing respiratory therapists, succeeding John Hyka, is appointed for a term expiring December 31, 2018. July 8, 2016 I respectfully submit to the Senate the following appointments to office: Ski Area Safety Board Charles H. Gano of 3951 Charlevoix Avenue, Petoskey, Michigan 49770, county of Cheboygan, representing the Central U.S. Ski Association, succeeding himself, is reappointed for a term expiring June 8, 2020. Nicholas S. Sirdenis of 2004 Hunters Lane, Houghton, Michigan 49931, county of Houghton, representing the Upper Penin­sula ski area managers, succeeding himself, is reappointed for a term expiring June 8, 2020. July 8, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Unarmed Combat Commission Charles F. Benson of 820 Roxburgh Avenue, East Lansing, Michigan 48823, county of Ingham, representing individuals with experience, knowledge, or background in boxing, succeeding himself, is reappointed for a term expiring June 5, 2020. Josh Bocks of 58215 Sunflower Circle, New Hudson, Michigan 48165, county of Oakland, representing individuals with experience, knowledge, or background in mixed martial arts, succeeding himself, is reappointed for a term expiring June 5, 2020. Vincent P. Viviano of 6705 St. Andrews Drive, Shelby Township, Michigan 48316, county of Macomb, representing individuals with experience, knowledge, or background in mixed martial arts, succeeding himself, is reappointed for a term expiring June 5, 2020. Chris DeRose of 989 Aberdeen Drive, Ann Arbor, Michigan 48104, county of Washtenaw, representing individuals with experience, knowledge, or background in mixed martial arts, succeeding John Thibault, is appointed for a term expiring June 5, 2020. Teresa A. Graham of 1634 Copas Road, Owosso, Michigan 48867, county of Shiawassee, representing the general public, succeeding Kevin Moore, is appointed for a term expiring June 5, 2020. Edmund S. Pigeon of 2155 122nd Avenue, Hopkins, Michigan 49328, county of Allegan, representing individuals with experience, knowledge, or background in mixed martial arts, succeeding Wolfgang Mueller, is appointed for a term expiring June 5, 2020. July 11, 2016 I respectfully submit to the Senate the following appointment to office: State Board of Chiropractic Robert A. Maciolek of 48762 Adams Drive, Macomb, Michigan 48044, county of Otsego, representing the general public, succeeding Nicola Hawtmeh, is appointed for a term expiring December 31, 2017. 1464 JOURNAL OF THE SENATE [August 3, 2016] [No. 60 July 11, 2016 I respectfully submit to the Senate the following appointment to office: State Construction Code Commission Daryl K. Gallant of 1314 Osborn Lake Drive, Brighton, Michigan 48114, county of Livingston, representing organized labor, succeeding Nelson McMath, is appointed for a term expiring January 31, 2020. July 11, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Board of Dentistry Cheryl A. Bentley of 20150 Kruppvilla Drive, N.E., Grand Rapids, Michigan 49503, county of Kent, representing dental hygienists, succeeding Lisa Darrow, is appointed for a term expiring June 30, 2020. July 11, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Potato Industry Commission Philip Gusmano of 423 Lexington Street, Grosse Pointe Farms, Michigan 48236, county of Wayne, representing process shippers and processors, succeeding himself, is reappointed for a term expiring July 1, 2019. Theodore Hanson of 3407 26th Road, Cornell, Michigan 49818, county of Delta, representing seed growers, succeeding himself, is reappointed for a term expiring July 1, 2019. Travis Horkey of 1354 Wells Road, Dundee, Michigan 48131, county of Monroe, representing fresh growers, succeeding Patrick Du Russel, is appointed for a term expiring July 1, 2019. Donald W. Kitchen of 9479 Deadmans Hill Road, Elmira, Michigan 49730, county of Antrim, representing fresh growers, succeeding Randall Styme, is appointed for a term expiring July 1, 2019. Wayne A. Leep of 1748 5th Street, Martin, Michigan 49070, county of Allegan, representing chip growers, succeeding himself, is reappointed for a term expiring July 1, 2019. John Makarewicz of 9243 Marker Road, Elmira, Michigan 49730, county of Antrim, representing seed growers, succeeding himself, is reappointed for a term expiring July 1, 2019. Benjamin Sklarczyk of 8714 M-32 East, Johannesburg, Michigan 49751, county of Otsego, representing growers-at-large, succeeding Kevin Storm, is appointed for a term expiring July 1, 2019. Kevin Storm of 6020 Dodge Road, Cass City, Michigan 48726, county of Tuscola, representing chip growers, succeeding Brian Sackett, is appointed for a term expiring July 1, 2019. Matthew Wilkes of 65 Monroe Center Street, N.W., #700, Grand Rapids, Michigan 49503, county of Kent, representing fresh shippers/retailers, succeeding William Kitchen, is appointed for a term expiring July 1, 2019. July 11, 2016 I respectfully submit to the Senate the following appointment to office: Board of Real Estate Brokers and Salespersons Robert G. Craig of 812 W. Park Street, St. Johns, Michigan 48879, county of Clinton, representing the general public, succeeding himself, is reappointed for a term expiring June 30, 2020. July 14, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Early Stage Venture Investment Corporation Board of Directors Thomas C. Kinnear of 2651 Hawthorne Road, Ann Arbor, Michigan 48104, county of Washtenaw, representing a statewide organization exempt from taxation under Section 501(c)(3) or 501(c)(4) of the Internal Revenue Code, succeeding himself, is reappointed for a term expiring June 13, 2019. Robert J. Manilla of 10115 Heartwood Lane, Clarkston, Michigan 48348, county of Oakland, representing the Senate Majority Leaders’ designee, succeeding Knut Simonsen, is appointed for a term expiring June 13, 2018. Thomas D. Nastas of 239 Nottingham Drive, Brooklyn, Michigan 49230, county of Jackson, representing the general public, succeeding Anthony Berkley, is appointed for a term expiring June 13, 2018. July 15, 2016 I respectfully submit to the Senate the following appointment: Director - Michigan Department of Environmental Quality Cathleen Heidi Grether of 435 Mill Street, Williamston, Michigan 48895, county of Ingham, is appointed for a term commencing August 1, 2016, and expiring at the pleasure of the Governor. July 18, 2016 I respectfully submit to the Senate the following appointment: Director - Michigan Department of Natural Resources Keith E. Creagh of 1965 Epley Road, Williamston, Michigan 48895, county of Ingham, is appointed for a term com­men­ cing August 1, 2016, and expiring at the pleasure of the Governor. No. 60] [August 3, 2016] JOURNAL OF THE SENATE 1465 July 21, 2016 I respectfully submit to the Senate the following appointment to office: Director - Michigan Talent Investment Agency Wanda A. Stokes of 3517 Autumnwood Lane, Okemos, Michigan 48864, county of Ingham, is appointed for a term commencing July 25, 2016, and expiring at the pleasure of the Governor. July 26, 2016 I respectfully submit to the Senate the following appointment to office: Great Lakes Water Authority Craig A. Hupy of 1124 N. Congress Street, Ypsilanti, Michigan 48197, county of Washtenaw, representing ratepayers from the other suburban counties touched by the system, is appointed for a term expiring at the pleasure of the Governor. July 26, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Education Trust Board of Directors Michael Flynn of 54089 Rienas Lane, Shelby Township, Michigan 48315, county of Macomb, nominee of the Senate Majority Leader, succeeding Sarah Richardville, is appointed for a term expiring December 31, 2017. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. enator Kowall moved that the Senate adjourn, pursuant to rule 1.205. S The motion prevailed, the time being 10:03 a.m. Committee Reports The Committee on Judiciary reported Senate Bill No. 1017, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 81f. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker and Rocca Nays: Senator Colbeck The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 1018, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16d of chapter XVII (MCL 777.16d), as amended by 2016 PA 88. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker and Rocca Nays: Senator Colbeck The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 1021, entitled A bill to amend 1975 PA 238, entitled “Child protection law,” by amending sections 2, 7, and 8 (MCL 722.622, 722.627, and 722.628), sections 2 and 7 as amended by 2016 PA 35 and section 8 as amended by 2008 PA 300. 1466 JOURNAL OF THE SENATE [August 3, 2016] [No. 60 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 1022, entitled A bill to amend 1965 PA 203, entitled “Commission on law enforcement standards act,” (MCL 28.601 to 28.616) by adding sections 9e and 9f. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 1027, entitled A bill to amend 1994 PA 295, entitled “Sex offenders registration act,” by amending section 34 (MCL 28.734), as amended by 2005 PA 322. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5429, entitled A bill to amend 1998 PA 362, entitled “Michigan marina and boatyard storage lien act,” by amending sections 2, 3, 4, 5, and 6 (MCL 570.372, 570.373, 570.374, 570.375, and 570.376). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5494, entitled A bill to amend 2004 PA 378, entitled “Public body law enforcement agency act,” by amending sections 6 and 7 (MCL 28.586 and 28.587). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson No. 60] [August 3, 2016] JOURNAL OF THE SENATE 1467 To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5495, entitled A bill to amend 2000 PA 246, entitled “Wolf-dog cross act,” by amending section 2 (MCL 287.1002). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5496, entitled A bill to amend 2004 PA 403, entitled “Michigan unarmed combat regulatory act,” by amending section 33 (MCL 338.3633), as amended by 2015 PA 183. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5497, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 2a, and 12a (MCL 28.421, 28.422a, and 28.432a), sections 1 and 12a as amended by 2015 PA 207 and section 2a as amended by 2016 PA 6. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5498, entitled A bill to amend 2006 PA 563, entitled “An act to restrict the use and disclosure of certain statements made by law enforcement officers,” by amending section 1 (MCL 15.391). 1468 JOURNAL OF THE SENATE [August 3, 2016] [No. 60 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5499, entitled A bill to amend 2001 PA 185, entitled “Legislative sergeant at arms police powers act,” by amending section 2 (MCL 4.382). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5500, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 42 and 726c (MCL 257.42 and 257.726c), as amended by 2012 PA 529. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5501, entitled A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending section 2 (MCL 287.1102), as amended by 2013 PA 8. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5503, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 1303 (MCL 700.1303), as amended by 2000 PA 54. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson No. 60] [August 3, 2016] JOURNAL OF THE SENATE 1469 To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca and Colbeck Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5649, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7403 (MCL 333.7403), as amended by 2015 PA 220. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker and Rocca Nays: Senator Colbeck The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5650, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7404 (MCL 333.7404), as amended by 2015 PA 220. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker and Rocca Nays: Senator Colbeck The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Wednesday, July 13, 2016, at 10:30 a.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca and Colbeck Excused: Senator Bieda Scheduled Meetings Michigan State Capitol Commission - Monday, August 8, 11:00 a.m., Speaker’s Library, 2nd Floor, Capitol Building (373-0184) Pursuant to House Concurrent Resolution No. 24, the President, Lieutenant Governor Calley, declared the Senate adjourned until Tuesday, September 6, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1470 No. 61 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Tuesday, September 6, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—excused Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—excused Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 1472 JOURNAL OF THE SENATE [September 6, 2016] [No. 61 Pastor Nate Elarton of Compelled Church of Temperance offered the following invocation: Lord God, we thank You today for each one of these public servants, for everybody in this Chamber, and our Senators and staff. God, I pray that You would help them as they go over all the business and all the legislation of our great state. God, we know that You honor those who honor You; I pray, Lord, that in everything they do they would strive for understanding and for unity. Give them wisdom and discernment, I pray—even supernaturally—at times for the best of our state. I pray You would bless them as they strengthen our economy, look out for our schools, our cities, our villages, our towns, our families—most importantly God—and our churches. I pray Lord God, they would feel refreshed as they come back from break and as they get back to the business here. Lord, help them and empower them in great ways. In the awesome name of Jesus, I pray. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senators Casperson and Jones be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senator Rocca be excused from today’s session. S The motion prevailed. enator Hood moved that Senator Johnson be excused from today’s session. S The motion prevailed. Senators Jones and Casperson entered the Senate Chamber. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:04 a.m. 11:45 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today: Senate Bill No. 995 Senate Bill No. 996 Senate Bill No. 997 Senate Bill No. 998 The motion prevailed, a majority of the members serving voting therefor. The following communications were received and read: Office of the Senate Majority Leader June 14, 2016 ursuant to MCL 125.2029c, I appoint the following person to the Michigan Film Office Advisory Council: P Sanford Nelson, SLAM Productions June 14, 2016 ursuant to MCL 390.1430, I appoint the following person to the Michigan Education Trust (MET) Board: P Michael Flynn, Treasurer of Shelby Township No. 61] [September 6, 2016] JOURNAL OF THE SENATE 1473 June 14, 2016 ursuant to MCL 390.1665(3)(a)(ii), I appoint the following person to the Muskegon County Promise Zone Authority P Board: Christopher Dean, Fire Chief Muskegon Heights Fire Department June 14, 2016 ursuant to MCL 390.1665(3)(a)(ii), I appoint the following person to the Newaygo County Promise Zone Authority P Board: Dr. Lori Tubergen Clark, Superintendent Newaygo County RESA June 14, 2016 ursuant to MCL 390.1665(3)(a)(ii), I appoint the following person to the Saginaw Promise Zone Authority Board: P Debbie Vasquez, Saginaw County Community Mental Health Authority July 25, 2016 ursuant to MCL 390.1665, I appoint the following person to the Battle Creek Promise Zone Authority Board: P Kara E. Beer - President, Battle Creek Area Chamber of Commerce August 16, 2016 ursuant to MCL 125.2029c, I appoint the following people to the Michigan Film Office Advisory Council: P Sanford Nelson, SLAM Productions Amber Vrooman, Michigan Senate Kelly Thomas, Michigan Senate August 23, 2016 I respectfully request you hold a hearing on Rachael Eubanks’ appointment to the Michigan Public Service Commission and report your findings to the Senate Government Operations Committee. If you have any questions regarding this matter, please do not hesitate to contact me. August 24, 2016 I respectfully request you hold a hearing on Heidi Grether’s appointment as Director of the Michigan Department of Environmental Quality and report your findings to the Senate Government Operations Committee. If you have any questions regarding this matter, please do not hesitate to contact me. August 30, 2016 ursuant to MCL 125.2007b, I appoint the following people to the Port Authority Advisory Committee: P Kyle Burleson, Deputy Director-Wayne County Port Authority Connor Spalding, Michigan Senate Kelly Thomas, Michigan Senate Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communications were referred to the Secretary for record. The following communication was received and read: Michigan Senate June 27, 2016 ursuant to MCL 205.813, I appoint the following person to the Streamlined Sales and Use Tax Administration Board: P David Zin, Senate Fiscal Agency Sincerely, Arlan Meekhof Senate Majority Leader District 30 The communication was referred to the Secretary for record. Jim Ananich Senate Minority Leader District 27 1474 JOURNAL OF THE SENATE [September 6, 2016] [No. 61 The following communications were received and read: Michigan Legislature July 13, 2016 Pursuant to MCL 600.1082, Senate Majority Leader Meekhof and I are making the following appointments to the State Drug Treatment Court Advisory Committee: • Hon. Geno Salomone of Taylor, a judge for the circuit or district court who has presided at least two years over an alcohol treatment court, for a term ending June 13, 2017. • Heidi Cannon of Adrian, a probation officer who has worked at least two years for a drug or alcohol treatment court, for a term ending August 4, 2019. • Sheriff Michael Main of Isabella County, representing law enforcement in a jurisdiction that has had a drug or alcohol treatment court, for a term ending July 18, 2020. And the following reappointments to the State Drug Treatment Court Advisory Committee: • Andrew Konwiak, representing drug treatment court providers who have worked at least two years for a drug or alcohol treatment court, for a term ending July 19, 2020. • Douglas R. Lloyd, representing prosecuting attorneys who have worked at least two years with a drug or alcohol treatment court, for a term ending September 18, 2020. • Stacy Salon, representing adult graduates of an adult drug treatment court program, for a term ending September 3, 2020. • Mark Risk, representing defense attorneys who have worked at least two years with a drug or alcohol treatment court, for a term ending September 3, 2020. • Gary P. Secor, representing court administrators who have worked at least two years with a drug or alcohol treatment center, for a term ending September 3, 2020. July 28, 2016 Pursuant to MCL 3.1012, Senate Majority Leader Meekhof and I are appointing Rep. Klint Kesto to the Michigan State Council for Interstate Adult Offender Supervision. Sincerely, Kevin Cotter Speaker of the House 99th District The communications were referred to the Secretary for record. Arlan B. Meekhof Senate Majority Leader 30th District The following communication was received and read: Michigan Legislature July 28, 2016 ursuant to Executive Order 2013-5, the Speaker of the House and I appoint the following person to the Michigan P State Council for Interstate Juvenile Supervision: Margaret O’Brien - State Senator, Michigan Senate Sincerely, Arlan Meekhof Senate Majority Leader 30th District The communication was referred to the Secretary for record. Kevin Cotter Speaker of the House 99th District The following communications were received and read: Office of the Auditor General Enclosed is a copy of the following audit report: • Performance audit of the Child Care Fund, Michigan Department of Health and Human Services. June 9, 2016 No. 61] [September 6, 2016] JOURNAL OF THE SENATE 1475 June 10, 2016 Enclosed is a copy of the following audit report: • Performance audit report on State Public Universities’ Reporting of Selected Higher Education Institutional Data Inventory (HEIDI) Data, State Budget Office. Enclosed is a copy of the following audit report: • State of Michigan Single Audit Report Fiscal Year Ended September 30, 2015. Enclosed is a copy of the following performance audit report: • Clarety, Office of Retirement Services, Department of Technology, Management, and Budget. June 24, 2016 June 24, 2016 July 27, 2016 Enclosed is a copy of the following follow-up report on the performance audit: • Monitoring of Warranties and Road and Bridge Construction Projects, Michigan Department of Transportation. Enclosed is a copy of the following performance audit: • Flint Emergency Expenditures, State of Michigan. Enclosed is a copy of the following performance audit: • Commercial Forest Program and Forest Development Fund, Department of Natural Resources. July 29, 2016 August 4, 2016 August 24, 2016 nclosed is a copy of the following performance audit: E • D.J. Jacobetti Home for Veterans, Michigan Veterans Affairs Agency, Department of Military and Veterans Affairs. Sincerely, Doug Ringler Auditor General The audit reports were referred to the Committee on Government Operations. The following communications were received: Department of State Administrative Rules Notices of Filing June 8, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-031-AC (Secretary of State Filing #16-06-01) on this date at 3:19 p.m. for the Department of Agriculture and Rural Development entitled, “Regulation No. 619. Fruit Tree Scionwood, Understock, and Nursery Stock.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. June 8, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-080-LR (Secretary of State Filing #16-06-02) on this date at 3:19 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Part 21. Guarding of Walking and Working Areas.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. 1476 JOURNAL OF THE SENATE [September 6, 2016] [No. 61 June 14, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-024-EQ (Secretary of State Filing #16-06-03) on this date at 3:15 p.m. for the Department of Environmental Quality entitled, “Part 4. Emission Limitations and Prohibitions Sulfur-Bearing Compounds.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. August 10, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-002-EQ (Secretary of State Filing #16-08-01) on this date at 3:55 p.m. for the Department of Environmental Quality entitled, “Resource Recovery Commission.” These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. August 10, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-064-LR (Secretary of State Filing #16-08-02) on this date at 3:55 p.m. for the Department of Licensing and Regulatory Affairs entitled, “General Industry Safety Standards, Part 21. Powered Industrial Trucks.” These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. August 10, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-065-LR (Secretary of State Filing #16-08-03) on this date at 3:55 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Construction Safety Standards, Part 12. Scaffolds and Scaffold Platforms.” These rules take effect immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. August 10, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-066-LR (Secretary of State Filing #16-08-04) on this date at 3:55 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Construction Safety Standards, Part 25. Concrete Construction.” These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. August 11, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-081-LR (Secretary of State Filing #16-08-05) on this date at 3:55 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Occupational Health Standards, Part 604. Chromium (VI) in Construction.” These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. No. 61] [September 6, 2016] JOURNAL OF THE SENATE 1477 August 11, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-082-LR (Secretary of State Filing #16-08-06) on this date at 3:55 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Occupational Health Standards, Part 315. Chromium (VI) in General Industry.” These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. August 11, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-089-LR (Secretary of State Filing #16-08-07) on this date at 3:54 p.m. for the Department of Licensing and Regulatory Affairs entitled, “General Industry Safety Standards, Part 5. Scaffolding.” These rules take effect immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. August 11, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-004-ED (Secretary of State Filing #16-08-08) on this date at 3:55 p.m. for the Department of Education entitled, “Declaratory Rulings, Promulgation of Rules, and Informational Materials.” These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The following communications were received: State Budget Office June 13, 2016 ransmitted under this cover is a schedule entitled “Statement of Revenue Subject to Constitutional Limitation - Legal T Basis.” The statement is submitted pursuant to Sections 18.1350(a) through 18.1350(e) of the Michigan Compiled Laws for the purpose of demonstrating compliance with Article 9, Sections 26 and 33 of the Michigan Constitution for the fiscal year 2015. The statement has been reviewed by the Office of the Auditor General and a copy of the independent accountant’s review is enclosed. If you have questions regarding this report, please contact Mr. Michael J. Moody, Director, Office of Financial Management, at 373-1010. June 13, 2016 his letter transmits the “Statement of the Proportion of Total State Spending From State Sources Paid to Units of T Local Government - Legal Basis” for fiscal year 2015, which has been prepared in accordance with Sections 18.1115(5), 18.1303-18.1305, 18.1349, 18.1350, 18.1497, and 18.1498 of the Michigan Compiled Laws for the purpose of demonstrating compliance with Article 9, Section 30 of the Michigan Constitution. The computed percentage of total state spending from state sources paid to local governments for fiscal year 2015 is 55.25%, which is $1.9 billion more than the minimum required. The statement has been reviewed by the Office of the Auditor General and a copy of the independent accountant’s review is enclosed. 1478 JOURNAL OF THE SENATE [September 6, 2016] [No. 61 If you have questions regarding this report, please contact Mr. Michael J. Moody, Director, Office of Financial Management, at 373-1010. Sincerely, John S. Roberts State Budget Director The communications were referred to the Secretary for record. The following communication was received: Office of Senator Curtis Hertel Jr. June 22, 2016 I am writing to request my addition in co‑sponsorship of Senate Bill 991, sponsored by Senator Robertson. Please feel free to contact me if you need any further information. Sincerely, Curtis Hertel Jr. State Senator District 23 The communication was referred to the Secretary for record. The following communications were received: Office of Senator Steven M. Bieda June 28, 2016 er Senate Rule 1.110(c), I am requesting that my name be added immediately as a co‑sponsor to Senate Bill 961, P which was introduced on May 12, 2016, by Senator Curtis Hertel, Jr. and is currently in the Senate Finance Committee. September 1, 2016 er Senate Rule 1.110(c), I am requesting that my name be added immediately as a co‑sponsor to Senate Bills 995, P 996, 997, and 998, which were introduced on May 25, 2016, by Senators Kowall (SB 995 and SB 996), Warren (SB 997), and Horn (SB 998) and are currently in the Senate Economic Development and International Investment Committee. Sincerely, Steve Bieda State Senator 9th District The communications were referred to the Secretary for record. The following communication was received: Municipal Employees’ Retirement System June 29, 2016 nclosed is a copy of the Comprehensive Annual Financial Report for the Year Ending December 31, 2015, for the E Municipal Employees’ Retirement System of Michigan (MERS). I am providing this to you as required by the MERS Plan Document and MCL 38.1536(2)(f). MERS is an independent, professional retirement services company that serves municipal members across the state of Michigan on a not-for-profit basis. We manage 2,100 retirement and employee benefit plans for more than 800 municipal members, with a combined value of over $9 billion. As a municipal employer plan, we offer a broad range of customizable plans to fit our member’s budgets, needs and goals. As the plan fiduciary, our primary goal is to ensure that each municipality’s plan assets are adequate to provide for the benefits that are expected to be paid and that each plan is making reasonable progress to achieve full funding. We work in partnership with our members to deliver them superior value that meets their needs. Since 2010 approximately 70% of MERS plans have taken action to reduce their pension liability through plan design or increased contributions. We are constantly updating and adding products and resources to keep up with the dynamic markets and help educate our members regarding their options. I hope that you find the report informative. The report can also be found on our website at: www.mersofmich.com. If you have any questions concerning this report, please contact me. Sincerely, Chris DeRose Chief Executive Officer The communication was referred to the Secretary for record. No. 61] [September 6, 2016] JOURNAL OF THE SENATE 1479 The following communication was received: State Court Administrative Office July 1, 2016 MCL 769.1k(9) requires the State Court Administrative Office to submit, by July 1, the attached report related to court costs imposed on criminal defendants. Trial courts compiled and reported the following three pieces of information for this report: • total number of cases in which costs under MCL 769.1k(1)(b)(iii) were imposed; • total amount of costs imposed under MCL 769.1k(1)(b)(iii); and • total amount of costs imposed under MCL 769.1k(1)(b)(iii) that were collected. These court costs are allowable, but not required, in cases with a felony, misdemeanor, or designated juvenile conviction. Courts were instructed to create and use new cash codes in their case management systems by January 1, 2015, to track these data elements. Information about creating the new cash codes were disseminated in November 2014 and courts implemented the cash codes on different dates. Some implemented immediately while others were delayed. As a result, implementation of the codes affects the data reported for 2015, and the report indicated if the court was unable to report court costs. If you have any questions, please contact John Nevin, Communications Director, at 517-373-0129 or nevinj@courts.mi.gov. Milton L. Mack, Jr. State Court Administrator The communication was referred to the Secretary for record. The Secretary announced the approval the following bills: Enrolled Senate Bill No. 292 Enrolled Senate Bill No. 428 Enrolled Senate Bill No. 429 Enrolled Senate Bill No. 483 Enrolled Senate Bill No. 523 Enrolled Senate Bill No. 599 Enrolled Senate Bill No. 600 Enrolled Senate Bill No. 601 Enrolled Senate Bill No. 602 Enrolled Senate Bill No. 603 Enrolled Senate Bill No. 604 Enrolled Senate Bill No. 610 Enrolled Senate Bill No. 632 Enrolled Senate Bill No. 672 Enrolled Senate Bill No. 690 Enrolled Senate Bill No. 691 Enrolled Senate Bill No. 692 Enrolled Senate Bill No. 693 Enrolled Senate Bill No. 694 Enrolled Senate Bill No. 737 Enrolled Senate Bill No. 673 Enrolled Senate Bill No. 914 Enrolled Senate Bill No. 711 Enrolled Senate Bill No. 820 Enrolled Senate Bill No. 822 Enrolled Senate Bill No. 809 Enrolled Senate Bill No. 883 Enrolled Senate Bill No. 976 enrollment printing and presentation to the Governor on Tuesday, June 14, for his at at at at at at at at at at at at at at at at at at at at at at at at at at at at 11:36 a.m. 11:38 a.m. 11:40 a.m. 11:42 a.m. 11:44 a.m. 11:46 a.m. 11:48 a.m. 11:50 a.m. 11:52 a.m. 11:54 a.m. 11:56 a.m. 11:58 a.m. 12:00 p.m. 12:02 p.m. 12:04 p.m. 12:06 p.m. 12:08 p.m. 12:10 p.m. 12:12 p.m. 12:14 p.m. 12:16 p.m. 12:18 p.m. 12:20 p.m. 12:22 p.m. 12:24 p.m. 12:26 p.m. 12:28 p.m. 12:30 p.m. The Secretary announced the enrollment printing and presentation to the Governor on Friday, June 17, for his approval the following bills: Enrolled Senate Bill No. 504 at 1:02 p.m. Enrolled Senate Bill No. 505 at 1:04 p.m. Enrolled Senate Bill No. 651 at 1:06 p.m. Enrolled Senate Bill No. 652 at 1:08 p.m. Enrolled Senate Bill No. 653 at 1:10 p.m. Enrolled Senate Bill No. 878 at 1:12 p.m. Enrolled Senate Bill No. 105 at 1:14 p.m. 1480 Enrolled Enrolled Enrolled Enrolled Enrolled Enrolled Enrolled Enrolled Enrolled JOURNAL OF THE SENATE [September 6, 2016] Senate Senate Senate Senate Senate Senate Senate Senate Senate Bill Bill Bill Bill Bill Bill Bill Bill Bill No. 207 No. 251 No. 434 No. 899 No. 900 No. 477 No. 557 No. 774 No. 957 at at at at at at at at at [No. 61 1:16 p.m. 1:18 p.m. 1:20 p.m. 1:22 p.m. 1:24 p.m. 1:26 p.m. 1:28 p.m. 1:30 p.m. 1:32 p.m. The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, June 22, for his approval the following bill: Enrolled Senate Bill No. 801 at 2:48 p.m. The Secretary announced that the following bills and joint resolution were printed and filed on Thursday, June 9, and are available at the Michigan Legislature website: Senate Bill Nos. 1027 1028 1029 1030 House Bill Nos. 5748 5749 5750 5751 5752 5753 5754 5755 5756 5757 5758 5759 5760 5761 5762 5763 5764 House Joint Resolution NN The Secretary announced that the following bills and joint resolutions were printed and filed on Wednesday, July 13, and are available at the Michigan Legislature website: House Bill Nos. 5765 5766 5767 5768 5769 5770 5771 5772 5773 5774 5775 5776 5777 5778 5779 5780 5781 5782 5783 5784 5785 5786 5787 5788 5789 House Joint Resolutions OO PP By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Hildenbrand as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 727, entitled A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 1105, 3113, and 6101 (MCL 289.1105, 289.3113, and 289.6101), section 1105 as amended by 2014 PA 516 and section 6101 as amended by 2012 PA 178. House Bill No. 5494, entitled A bill to amend 2004 PA 378, entitled “Public body law enforcement agency act,” by amending sections 6 and 7 (MCL 28.586 and 28.587). House Bill No. 5495, entitled A bill to amend 2000 PA 246, entitled “Wolf-dog cross act,” by amending section 2 (MCL 287.1002). House Bill No. 5496, entitled A bill to amend 2004 PA 403, entitled “Michigan unarmed combat regulatory act,” by amending section 33 (MCL 338.3633), as amended by 2015 PA 183. House Bill No. 5497, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a No. 61] [September 6, 2016] JOURNAL OF THE SENATE 1481 license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 2a, and 12a (MCL 28.421, 28.422a, and 28.432a), sections 1 and 12a as amended by 2015 PA 207 and section 2a as amended by 2016 PA 6. House Bill No. 5498, entitled A bill to amend 2006 PA 563, entitled “An act to restrict the use and disclosure of certain statements made by law enforcement officers,” by amending section 1 (MCL 15.391). House Bill No. 5499, entitled A bill to amend 2001 PA 185, entitled “Legislative sergeant at arms police powers act,” by amending section 2 (MCL 4.382). House Bill No. 5500, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 42 and 726c (MCL 257.42 and 257.726c), as amended by 2012 PA 529. House Bill No. 5501, entitled A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending section 2 (MCL 287.1102), as amended by 2013 PA 8. House Bill No. 5503, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 1303 (MCL 700.1303), as amended by 2000 PA 54. Senate Bill No. 996, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 665b. Senate Bill No. 998, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2949b (MCL 600.2949b), as added by 2013 PA 251. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 981, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 525 (MCL 436.1525), as amended by 2014 PA 353. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 995, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 2b, 602b, 643, 643a, and 665 (MCL 257.2b, 257.602b, 257.643, 257.643a, and 257.665), sections 2b and 665 as added and section 602b as amended by 2013 PA 231, and by adding sections 40c, 606b, and 665a; and to repeal acts and parts of acts. Substitute (S-2). The following are the amendments to the substitute recommended by the Committee of the Whole: 1. Amend page 4, following line 26, by inserting: “Sec. 204a. (1) The secretary of state shall create and maintain a computerized central file that provides an individual historical driving record for a NATURAL person with respect to all of the following: (a) A license issued to the person under chapter 3.III. (b) A conviction, civil infraction determination, or other licensing action that is entered against the person for a violation of this act or a local ordinance substantially corresponding to a provision of this act, or that is reported to the secretary of state by another jurisdiction. 1482 JOURNAL OF THE SENATE [September 6, 2016] [No. 61 ( c) A failure of the person, including a nonresident, to comply with a suspension issued pursuant to section 321a. (d) A cancellation, denial, revocation, suspension, or restriction of the person’s operating privilege, a failure to pay a department of state driver responsibility fee, or other licensing action regarding that person, under this act or that is reported to the secretary of state by another jurisdiction. This subdivision also applies to nonresidents. (e) An accident in which the person is involved. (f) A conviction of the person for an offense described in section 319e. (g) Any driving record requested and received by the secretary of state under section 307. (h) Any notice given by the secretary of state and the information provided in that notice under section 317(3) or (4). (i) Any other information received by the secretary of state regarding the person that is required to be maintained as part of the person’s driving record as provided by law. (2) A secretary of state certified computer-generated or paper copy of an order, record, or paper maintained in the computerized central file of the secretary of state is admissible in evidence in the same manner as the original and is prima facie proof of the contents of and the facts stated in the original. (3) An order, record, or paper generated by the computerized central file of the secretary of state may be certified electronically by the generating computer. The certification shall be a certification of the order, record, or paper as it appeared on a specific date. (4) A court or the office of the clerk of a court of this state which is electronically connected by a terminal device to the computerized central file of the secretary of state may receive into and use as evidence in any case the computergenerated certified information obtained by the terminal device from the file. A duly authorized employee of a court of record of this state may order a record for an individual from a secretary of state computer terminal device located in, and under the control of, the court, and certify in writing that the document was produced from the terminal and that the document was not altered in any way. (5) After receiving a request for information contained in records maintained under this section, the secretary of state shall provide the information, in a form prescribed by the secretary of state, to any of the following: (a) Another state. (b) The United States secretary of transportation. (c) The person who is the subject of the record. (d) A motor carrier employer or prospective motor carrier employer, but only if the person who is the subject of the record is first notified of the request as prescribed by the secretary of state. (e) An authorized agent of a person or entity listed in subdivisions (a) to (d).”. 2. Amend page 11, line 8, after “DEPARTMENT,” by inserting “DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES, DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET,”. 3. Amend page 11, line 14, after “WHO” by striking out the balance of the line through “REPRESENTATIVE OF” on line 15 and inserting “REPRESENT THE INTERESTS OF LOCAL GOVERNMENT OR ARE”. 4. Amend page 11, line 15, after “RESEARCH,” by striking out “AND” and inserting “OR”. 5. Amend page 12, following line 13, by inserting: “(H) THE DIRECTOR OF THE DEPARTMENT OF INSURANCE AND FINANCIAL SERVICES OR HIS OR HER DESIGNEE. THE INDIVIDUAL APPOINTED UNDER THIS SUBDIVISION SHALL BE A VOTING MEMBER. (I) THE DIRECTOR OF THE DEPARTMENT OF TECHNOLOGY, MANAGEMENT, AND BUDGET OR HIS OR HER DESIGNEE. THE INDIVIDUAL APPOINTED UNDER THIS SUBDIVISION SHALL BE A VOTING MEMBER.”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 997, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 2b and 601a (MCL 257.2b and 257.601a), section 2b as added by 2013 PA 231 and section 601a as amended by 2011 PA 115, and by adding section 665a. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that further consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. No. 61] [September 6, 2016] JOURNAL OF THE SENATE 1483 enator Bieda offered the following resolution: S Senate Resolution No. 195. A resolution to recognize the 125th anniversary of the American Numismatic Association. Whereas, In March 1891, the concept of an American Numismatic Association (ANA) was conceived by Michigan native, Dr. George Heath, following a positive reaction upon request for a numismatic society. The ANA was formally founded in Chicago in October 1891 by Dr. Heath, William G. Jerrems, David Harlowe, J.A. Heckelman and John Brydon. In addition, the ANA’s “Lamp of Knowledge” seal, which was adapted from the University of Michigan logo, has been in use for many years. Since its inception, the ANA has inspired and connected numismatists from all across the world; and Whereas, The Numismatist, its national publication, originated in Michigan and was edited and printed by Dr. Heath. The Numismatist, which was in publication before the formation of the ANA, continues to help connect collectors across the nation to study and learn about numismatics. The Numismatist helped generate a movement that would soon lead to the formation of the Association in 1891; and Whereas, The American Numismatic Association is widely known as the world’s largest non-profit numismatic organization, with nearly 25,000 members committed to the rich history and lore of currency. The organization brings together currency enthusiasts, as well as newcomers, to advance the knowledge and hobby of numismatics; and Whereas, The Association has attained national recognition with its federal charter signed by President William H. Taft and a permanent charter signed into law by President John F. Kennedy. Today the organization’s national headquarters are located in Colorado, where the ANA’s monthly journal is produced and a museum and library are operated for the benefit of collectors and the general public; now, therefore, be it Resolved by the Senate, That the members of this legislative body recognize October 2016 as the 125th anniversary of the American Numismatic Association; and be it further Resolved, That a copy of this resolution be transmitted to the American Numismatic Association. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Booher, Hansen, Jones, Proos, Warren and Zorn were named co‑sponsors of the resolution. Introduction and Referral of Bills Senators Hune and Warren introduced Senate Bill No. 1031, entitled A bill to provide for the regulation of livestock raised in urban and suburban areas; to authorize zoning; and to prescribe the powers and duties of certain state and local agencies and officials. The bill was read a first and second time by title and referred to the Committee on Agriculture. Senators Warren and Hune introduced Senate Bill No. 1032, entitled A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” (MCL 125.3101 to 125.3702) by adding section 205b. The bill was read a first and second time by title and referred to the Committee on Local Government. Senators Johnson, Young and Gregory introduced Senate Bill No. 1033, entitled A bill to establish a bill of rights for the homeless; and to provide a remedy for violation of those rights. The bill was read a first and second time by title and referred to the Committee on Local Government. Senator Hertel introduced Senate Bill No. 1034, entitled A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending section 35 (MCL 408.1035), as amended by 1991 PA 105. The bill was read a first and second time by title and referred to the Committee on Commerce. 1484 JOURNAL OF THE SENATE [September 6, 2016] [No. 61 Senators Bieda, Jones, Hertel and Rocca introduced Senate Bill No. 1035, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 147b (MCL 750.147b), as added by 1988 PA 371. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senator Hansen introduced Senate Bill No. 1036, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 72108 and 73301 (MCL 324.72108 and 324.73301), section 72108 as amended by 2014 PA 215 and section 73301 as amended by 2007 PA 174, and by adding section 73302. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. Senator Colbeck introduced Senate Bill No. 1037, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 43a. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Colbeck introduced Senate Bill No. 1038, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16b of chapter XVII (MCL 777.16b), as amended by 2008 PA 562. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Colbeck introduced Senate Bill No. 1039, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1177 (MCL 380.1177), as amended by 2013 PA 121. The bill was read a first and second time by title and referred to the Committee on Education. Senator Colbeck introduced Senate Bill No. 1040, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 5111, 9215, and 9227 (MCL 333.5111, 333.9215, and 333.9227), section 5111 as amended by 2010 PA 119 and section 9227 as amended by 2006 PA 91, and by adding section 5115a. The bill was read a first and second time by title and referred to the Committee on Education. Senator Emmons introduced Senate Bill No. 1041, entitled A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending section 24 (MCL 400.724). The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senator Emmons introduced Senate Bill No. 1042, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 11c (MCL 400.11c), as added by 1982 PA 519. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. No. 61] [September 6, 2016] JOURNAL OF THE SENATE 1485 Senator Emmons introduced Senate Bill No. 1043, entitled A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 5 (MCL 722.625), as amended by 2004 PA 563. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senator Emmons introduced Senate Bill No. 1044, entitled A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 10 (MCL 722.120), as amended by 2006 PA 206. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senator Jones introduced Senate Bill No. 1045, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1987 (MCL 600.1987), as added by 2015 PA 231. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Colbeck introduced Senate Bill No. 1046, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1321 (MCL 380.1321), as amended by 2008 PA 1. The bill was read a first and second time by title and referred to the Committee on Education. Senator Ananich introduced Senate Bill No. 1047, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 11a. The bill was read a first and second time by title and referred to the Committee on Transportation. Senator Kowall introduced Senate Bill No. 1048, entitled A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending sections 131, 143, 151, 202, 217, 246, 282, 283, 286, 287, 288, 301, 302, 405, 407, 525, 611, 703a, 707, 746, 762, 764, 765, 778, 784, 911, 922, 923, 1016, 1021, 1042, 1056, and 1060 (MCL 450.1131, 450.1143, 450.1151, 450.1202, 450.1217, 450.1246, 450.1282, 450.1283, 450.1286, 450.1287, 450.1288, 450.1301, 450.1302, 450.1405, 450.1407, 450.1525, 450.1611, 450.1703a, 450.1707, 450.1746, 450.1762, 450.1764, 450.1765, 450.1778, 450.1784, 450.1911, 450.1922, 450.1923, 450.2016, 450.2021, 450.2042, 450.2056, and 450.2060), sections 131 and 217 as amended and section 746 as added by 2008 PA 402, section 143 as amended by 2006 PA 47, sections 151, 407, and 525 as amended by 2001 PA 57, sections 202, 405, 611, 703a, 762, 784, 911, and 1021 as amended and sections 282, 283, 286, 287, and 288 as added by 2012 PA 569, sections 246, 765, and 923 as amended by 1989 PA 121, sections 301, 302, 707, and 1042 as amended by 1997 PA 118, sections 764, 922, and 1016 as amended by 1993 PA 91, section 778 as amended by 2013 PA 123, section 1056 as added by 1982 PA 407, and section 1060 as amended by 2015 PA 66; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Commerce. Senator Kowall introduced Senate Bill No. 1049, entitled A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state 1486 JOURNAL OF THE SENATE [September 6, 2016] [No. 61 transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending sections 1, 3, 11, 12, 12a, and 13 (MCL 247.901, 247.903, 247.911, 247.912, 247.912a, and 247.913), section 1 as amended by 2010 PA 238, sections 3 and 12 as amended and section 12a as added by 1993 PA 149, and section 11 as amended by 2014 PA 302. The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment. Senator Jones introduced Senate Bill No. 1050, entitled A bill to amend 1986 PA 119, entitled “An act to regulate the business of buying or receiving used motor vehicle parts; to prescribe the powers and duties of certain state and local officers; and to provide penalties,” by amending sections 1 and 2 (MCL 257.1351 and 257.1352), as amended by 2016 PA 112. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that the following joint resolution, now on the order of General Orders, be referred to the Committee on Government Operations: House Joint Resolution N, entitled A joint resolution proposing an amendment to the state constitution of 1963, by amending section 11 of article I, to require the government to obtain a search warrant in order to access a person’s electronic data or communication. The motion prevailed. Senator Kowall moved that the Committee on Elections and Government Reform be discharged from further consideration of the following bill: House Bill No. 4850, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2012 PA 555. The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders. Senator Kowall moved that the bill be referred to the Committee on Agriculture. The motion prevailed. Messages from the Governor The following messages from the Governor were received and read: August 1, 2016 I respectfully submit to the Senate the following appointments to office: Commission on Community Action and Economic Opportunity Kortni L. Campbell of 202 S. Luray Street, Greenville, Michigan 48838, county of Montcalm, representing low-income persons, succeeding Kimberly Ruiz, is appointed for a term expiring June 21, 2019. Sonjalita Hulbert of 748 W. Kilgore Road, #207, Kalamazoo, Michigan 49008, county of Kalamazoo, representing community action agencies, succeeding herself, is reappointed for a term expiring June 21, 2019. Jacob Maas of 1002 S. Ottillia Street, S.E., Grand Rapids, Michigan 49507, county of Kent, representing the private sector, succeeding Dennis Echelbarger, is appointed for a term expiring June 21, 2019. Matthew Purcell of 6242 Willowdale Court, Burton, Michigan 48509, county of Genesee, representing community action agencies, succeeding Jacob Maas, is appointed for a term expiring June 21, 2018. August 5, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Board of Acupuncture Sheryl Blanchard of 1972 Pawnee Trail, Okemos, Michigan 48864, county of Ingham, representing the general public, succeeding William Sullivan, is appointed for a term expiring June 30, 2019. No. 61] [September 6, 2016] JOURNAL OF THE SENATE 1487 August 5, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Commission on Services to the Aging John E. Briggs of 1015 South First Avenue, Alpena, Michigan 49707, county of Alpena, representing an Independent, succeeding Richard Ortega, is appointed for a term expiring July 28, 2019. Joan L. Ilardo of 920 Longfellow Drive, East Lansing, Michigan 48823, county of Ingham, representing a Democrat, succeeding herself, is reappointed for a term expiring July 28, 2019. Peter A. Lichtenberg of 31817 Valley View Street, Farmington, Michigan 48336, county of Oakland, representing a Democrat, succeeding Sybil Ellis, is appointed for a term expiring July 28, 2018. Laura L. Newsome of 4450 Pine Grove Road, Fort Gratiot, Michigan 48059, county of Saint Clair, representing a Republican, succeeding Michael Burri, is appointed for a term expiring July 28, 2019. Margot D. Roedel of 666 Appletree Lane, Caro, Michigan 48723, county of Tuscola, representing a Democrat, succeeding Jeffrey Schade, is appointed for a term expiring July 28, 2017. Michael J. Sheehan of 3736 S. Bay Bluffs Drive, Cedar, Michigan 49621, county of Leelanau, representing an Independent, succeeding himself, is reappointed for a term expiring July 28, 2019. Amy R. Tripp of 1818 East Walmont Drive, Jackson, Michigan 49203, county of Jackson, representing an Independent, succeeding Douglas Chalgain, is appointed for a term expiring July 28, 2019. August 5, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Beef Industry Commission Jerry Suter of 5420 Egypt Creek Boulevard, Ada, Michigan 49301, county of Kent, representing beef retailers, succeeding Harold Neiman, is appointed for a term expiring May 31, 2019. August 5, 2016 I respectfully submit to the Senate the following appointments to office: Child Abuse and Neglect Prevention Board Lauren Rakolta of 575 Vinewood Drive, Birmingham, Michigan 48009, county of Oakland, representing the business community, succeeding Mark Davidoff, is appointed for a term expiring December 19, 2018. Stanley D. Hannah, Jr., of 23370 Mystic Forest Drive, Novi, Michigan 48375, county of Wayne, representing the business community, succeeding Andra Rush, is appointed for a term expiring December 19, 2018. August 5, 2016 lease be advised of the following appointments to office: P Early Childhood Investment Corporation Shauna L. Barbeau of 2101 Norwood Drive, Midland, Michigan 48640, county of Midland, succeeding herself, is reappointed for a term expiring July 22, 2020. Leslie A. Murphy of 5017 Red Fox Run, Ann Arbor, Michigan 48105, county of Washtenaw, succeeding herself, is reappointed for a term expiring July 22, 2020. August 5, 2016 I respectfully submit to the Senate the following appointments to office: Electrical Administrative Board Alan C. Kuipers of 8913 Waruf Avenue, Portage, Michigan 49002, county of Kalamazoo, representing electrical energy supply agencies, succeeding himself, is reappointed for a term expiring August 10, 2020. Edward S. Weaver of 14489 Brown Road, Sunfield, Michigan 48890, county of Ionia, representing chief electrical inspectors of a municipality, succeeding David Williams, is appointed for a term expiring August 10, 2020. August 5, 2016 lease be advised of the following appointments to office: P State Fire Safety Board Donald Hicks of 11116 Wilkinson Road, Freeland, Michigan 48623, county of Saginaw, representing the chemical manufacturing industry, succeeding himself, is reappointed for a term expiring July 15, 2020. Mark Jensen of 4243 Barnes Road, Millington, Michigan 48746, county of Tuscola, representing the liquefied petroleum or flammable compressed gas industry, succeeding himself, is reappointed for a term expiring July 15, 2020. Ron J. Sabin of 7383 Whistle Ridge, Byron Center, Michigan 49315, county of Kent, representing fire departments in the Lower Peninsula, succeeding himself, is reappointed for a term expiring July 15, 2020. August 5, 2016 I respectfully submit to the Senate the following appointments to office: Health Information Technology Commission Rodney Davenport of 30705 Springland Street, Farmington Hills, Michigan 48334, county of Oakland, designee of the Director of the Michigan Department of Technology, Management and Budget, succeeding himself, is reappointed for a term expiring August 3, 2020. 1488 JOURNAL OF THE SENATE [September 6, 2016] [No. 61 Rozelle R. Hegeman-Dingle of 3393 Seminole Court, Rochester Hills, Michigan 48309, county of Oakland, representing pharmaceutical manufacturers, succeeding herself, is reappointed for a term expiring August 3, 2020. Karen Parker of 4355 Morrice Road, Webberville, Michigan 48892, county of Ingham, designee of the Director of the Michigan Department of Health and Human Services, succeeding herself, is reappointed for a term expiring August 3, 2020. August 5, 2016 I respectfully submit to the Senate the following appointment to office: Board of Real Estate Appraisers Delbert Denkins of 2320 E. Geyer Road, Niles, Michigan 49120, county of Berrien, representing the certified general real estate appraisers, succeeding Diana Meyer, is appointed for a term expiring June 30, 2020. August 5, 2016 I respectfully submit to the Senate the following appointment to office: Board of Real Estate Brokers and Salespersons Allan Daniels of 948 East Long Lake Road, Bloomfield Hills, Michigan 48304, county of Oakland, representing professionals, succeeding Shawn Huston, is appointed for a term expiring June 30, 2020. August 5, 2016 I respectfully submit to the Senate the following appointment to office: Chair - Michigan Veterans’ Memorial Park Commission James Dunn of 1331 Dennison Road, East Lansing, Michigan 48823, county of Ingham, is appointed for a term expiring at the pleasure of the Governor. ichigan Veterans’ Memorial Park Commission M Christopher D. Nash of 3174 Willoughby Road, Mason, Michigan 48854, county of Ingham, is appointed for a term expiring December 18, 2016. Linda-Lynn C. O’Brien of 3505 Emerald Park Drive, Milford, Michigan 48380, county of Oakland, is appointed for a term expiring December 18, 2018. Jeffrey T. Schuett of 3319 Prairie Avenue, Royal Oak, Michigan 48309, county of Oakland, is appointed for a term expiring December 18, 2017. August 25, 2016 I respectfully submit to the Senate the following appointment to office: Autism Council Christopher Pinter of 1017 Brissette Beach Road, Kawkawlin, Michigan 48631, county of Bay, representing adult service agencies and/or providers from a PIHP or CMHSP Authority, succeeding Jeff Delay, is appointed for a term expiring September 30, 2019. August 26, 2016 I respectfully submit to the Senate the following appointments to office: Elevator Safety Board Ulysha Renee’ Hall of 8120 E. Jefferson, 4G, Detroit, Michigan 48214, county of Wayne, representing a municipality in the state having a population of at least 500,000, succeeding herself, is reappointed for a term expiring July 22, 2020. Mark D. Pawlowski of 1198 S. Aurelius Road, Mason, Michigan 48854, county of Ingham, representing manufacturers of elevators, succeeding Donald Purdie, is appointed for a term expiring July 22, 2019. John A. Vitale of 20771 Wedgewood Drive, Grosse Pointe Woods, Michigan 48236, county of Wayne, representing architects and consulting engineers, succeeding himself, is reappointed for a term expiring July 22, 2020. Mark A. Smith of 132 Willow Wood Drive, Muskegon, Michigan 49442, county of Muskegon, representing insurance companies authorized to insure elevators in the state, succeeding himself, is reappointed for a term expiring July 22, 2019. August 26, 2016 I respectfully submit to the Senate the following appointments to office: Hispanic/Latino Commission of Michigan Esperanza Cantu of 2060 Oakshire Avenue, Berkley, Michigan 48072, county of Oakland, succeeding Julio Morales, is appointed for a term expiring December 10, 2016. Jose A. Lopez of 7117 Rowan Street, Detroit, Michigan 48209, county of Wayne, succeeding Armando Hernandez, is appointed for a term expiring December 10, 2016. Ivonne M. Soler of 33009 Brookside Court, Livonia, Michigan 48152, county of Wayne, succeeding JoAnn Chevez, is appointed for a term expiring December 10, 2017. Kelsey V. Switzer of 2739 Berry Drive, Bloomfield Township, Michigan 48304, county of Oakland, succeeding Norma Huizar, is appointed for a term expiring December 10, 2016. No. 61] [September 6, 2016] JOURNAL OF THE SENATE 1489 August 29, 2016 I respectfully submit to the Senate the following appointment to office: Human Trafficking Health Advisory Board Lori A. Ryland of 23517 Uldriks Drive, Battle Creek, Michigan 49017, county of Calhoun, representing mental health professionals, succeeding Jeffrey Jackson, is appointed for a term expiring December 31, 2018. August 29, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Board of Nursing Home Administrators Kristine M. Dozeman of 1313 Trillium Trail, N.E., Grand Rapids, Michigan 49525, county of Kent, representing the general public, succeeding Carl Ver Beek, is appointed for a term expiring June 30, 2020. August 30, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Collection Practices Board Nicholas V. Dondzila of 4534 Forest Lake Court, S.E., Kentwood, Michigan 49546, county of Kent, representing the general public, succeeding Stephen MacGuidwin, is appointed for a term expiring June 30, 2020. August 30, 2016 I respectfully submit to the Senate the following appointment to office: Self-Insurers’ Security, Second Injury Fund, Silicosis, Dust Disease, and Logging Industry Compensation Fund Board of Trustees Barb Pelak of 1674 Birston Ridge Drive, N.W., Walker, Michigan 49544, county of Kent, representing employers that have been authorized to act as self-insurers, succeeding Douglas Green, is appointed for a term expiring April 30, 2020. August 30, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Women’s Commission Joanne Dawley of 44644 Aspen Ridge Drive, Northville, Michigan 48168, county of Wayne, succeeding herself, is reappointed for a term expiring July 15, 2019. Darlene S. Lee of 2757 McIntosh Avenue, N.E., Grand Rapids, Michigan 49525, county of Kent, succeeding herself, is reappointed for a term expiring July 15, 2019. Jan Peabody of 810 Peppermill Circle, Lapeer, Michigan 48446, county of Lapeer, succeeding herself, is reappointed for a term expiring July 15, 2019. Mary Templeton of 364 Daisy Square Parkway, Plymouth, Michigan 48170, county of Wayne, succeeding Alyssa Martina, is appointed for a term expiring July 15, 2019. Kathleen B. Vogelsang of 554 Roundtree Drive, N.E., Ada, Michigan 49301, county of Kent, succeeding herself, is reappointed for a term expiring July 15, 2019. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. The following message from the Governor was recieved and read: TRANSPORTATION; FUNDS; REQUIREMENT THAT CITIES AND VILLAGES BEAR A PORTION; ELIMINATE. July 1, 2016 oday I am returning Enrolled Senate Bill 557 to you without signature. SB 557 amends Public Act 51, which governs T the distribution of transportation funding throughout our state. SB 557 eliminates Public Act 51’s requirement that certain cities and villages share in financing road construction on state trunk lines that run through those communities. Public Act 51’s cost sharing provisions apply to 45 cities and villages with populations exceeding 25,000, with payment amounts varying depending on population. Many communities that fall within that range believe it is unfair for them to contribute to state planned construction on state roads. The bill seeks to mitigate a provision that does create hardships for some communities when they are required to use most, if not all of their available local road funding to share in a major Interstate Highway project that goes through their community. However, this bill goes too far in its affect. There are many state trunk lines that are critical commercial corridors in those communities—roads like Woodward Avenue and Telegraph Road through southeast Michigan and 28th Street in Kent County. In these cases cost sharing seems reasonable. This bill eliminates that cost sharing as well. In addition, to help mitigate some of the costs to the communities required to participate in cost sharing, Public Act 51 requires the Michigan Department of Transportation (MDOT) to distribute additional resources for “equivalent major 1490 JOURNAL OF THE SENATE [September 6, 2016] [No. 61 mileage.” Communities with larger populations and more miles of major trunk line receive more funding under the equivalent major mileage program. This funding can be used for any road or bridge purpose, including local cost share. Eliminating the cost sharing requirement while maintaining reimbursements for equivalent major mileage takes what some consider an inequity in one respect in Public Act 51 and makes it an inequity in another. Retaining equivalent major mileage distributions would then give those larger communities extra resources while eliminating the requirement for them to contribute a portion of construction on major thoroughfares from which they derive substantial benefit. Additionally, the equivalent major mileage funding for the 45 communities that receive it is at the expense of the rest of the 488 cities and villages who receive a distribution under the Act 51 formula. SB 557 would allow those communities that receive equivalent major mileage funding to keep it, while eliminating a major reason for receiving it in the first place—to mitigate the local cost sharing requirement. The funding gap this bill creates will force MDOT to reallocate project funding from less urbanized areas to fund higher priority state trunk line urban projects. This would mean less “main street” local focused projects as funding would be redirected to higher priority projects such as I-75 and I-94. MDOT’s five-year capital trunk line plan contemplates $22 million in local cost sharing for construction projects. If this bill becomes law, it would pull $22 million from road work at a time when aggressive investment is necessary, without any source of funding replacement. This will likely result in certain projects being delayed or resources reallocated from other projects. But more importantly, this provision of Public Act 51 is just one of many archaic and complicated provisions. As we begin to reinvest in our infrastructure that for too long has been neglected, it is critical that we not tackle the complexities and nuances of Public Act 51 in piecemeal fashion. Instead, we should consider wholesale revisions to Public Act 51. I ask for your partnership with my administration in rewriting Public Act 51 before the end of this year as I return to you unsigned Senate Bill 557. Sincerely, Rick Snyder Governor This bill was returned from the Governor on July 1, 2016, at 10:16 a.m. The question being on the passage of the bill, the objections of the Governor to the contrary notwithstanding, Senator Kowall moved that the veto message be referred to the Government Operations Committee. The motion prevailed. By unanimous consent the Senate proceeded to the order of Statements Senator Zorn asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Zorn’s statement is as follows: On Monday, August 15, Summerfield Township fireman Terrance Raymond died in the line of duty after responding to an emergency call. While we are saddened by his loss, we know the inherent dangers that our dedicated firefighters face on each and every call. We also share the fear that lives with parents, wives, husbands, sons, and daughters when their loved ones respond to the calling of the radio. Terrance served his community for eight years. He leaves his wife, Tammy, and two daughters, Leah and Samantha. Today I honor his life and his commitment and service to his community. I ask that you keep his family and fellow firefighters in your thoughts and prayers during this difficult time. Distinguished Senators of the 98th Legislature, I ask that you join in a moment of silence in remembrance of Terrance Raymond and all first responders who gave their all in the line of duty. A moment of silence was observed in memory of Summerfield Township fireman Terrance Raymond. Committee Reports The Committee on Economic Development and International Investment reported Senate Bill No. 995, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 2b, 602b, 643, 643a, and 665 (MCL 257.2b, 257.602b, 257.643, 257.643a, and 257.665), sections 2b and 665 as added and section 602b as amended by 2013 PA 231, and by adding sections 40c, 606b, and 665a; and to repeal acts and parts of acts. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Ken Horn Chairperson No. 61] [September 6, 2016] JOURNAL OF THE SENATE 1491 To Report Out: Yeas: Senators Horn, Schmidt, Stamas, Emmons, Warren and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Economic Development and International Investment reported Senate Bill No. 996, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 665b. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Ken Horn Chairperson To Report Out: Yeas: Senators Horn, Schmidt, Stamas, Emmons, Warren and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Economic Development and International Investment reported Senate Bill No. 997, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 2b and 601a (MCL 257.2b and 257.601a), section 2b as added by 2013 PA 231 and section 601a as amended by 2011 PA 115, and by adding section 665a. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Ken Horn Chairperson To Report Out: Yeas: Senators Horn, Schmidt, Stamas, Emmons, Warren and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Economic Development and International Investment reported Senate Bill No. 998, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2949b (MCL 600.2949b), as added by 2013 PA 251. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Ken Horn Chairperson To Report Out: Yeas: Senators Horn, Schmidt, Stamas, Emmons, Warren and Bieda Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Economic Development and International Investment submitted the following: T Meeting held on Wednesday, August 31, 2016, at 10:00 a.m., Nexteer Automotive, 3900 E. Holland Road, Saginaw Present: Senators Horn (C), Schmidt, Stamas, Emmons, Warren and Bieda Excused: Senator Brandenburg COMMITTEE ATTENDANCE REPORT he Subcommittee on Corrections submitted the following: T Meeting held on Wednesday, August 3, 2016, at 11:30 a.m., Rooms 402 and 403, Capitol Building Present: Senators Proos (C), Knollenberg and Gregory 1492 JOURNAL OF THE SENATE [September 6, 2016] [No. 61 COMMITTEE ATTENDANCE REPORT he Committee on Energy and Technology submitted the following: T Meeting held on Wednesday, August 24, 2016, at 10:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Nofs (C), Proos, Horn, Schuitmaker, Hune, Zorn, Hopgood, Knezek and Bieda Excused: Senator Shirkey COMMITTEE ATTENDANCE REPORT he Subcommittee on Corrections submitted the following: T Joint meeting held on Wednesday, August 24, 2016, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Proos (C), Knollenberg and Gregory COMMITTEE ATTENDANCE REPORT he Subcommittee on State Police and Military Affairs submitted the following: T Joint meeting held on Wednesday, August 24, 2016, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Nofs (C), Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Subcommittee on State Police and Military Affairs submitted the following: T Meeting held on September 6, 2016, at 8:30 a.m., Rooms 402 and 403 Capitol Building Present: Senators Nofs (C), Colbeck and Knezek Scheduled Meetings Appropriations - Wednesday, September 7, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-1801) Criminal Justice Policy Commission - Wednesday, September 7, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Elections and Government Reform - Thursday, September 8, 9:00 a.m., Rooms 402 and 403, Capitol Building (373-1721) Natural Resources - Wednesday, September 7, 12:30 p.m., Room 210, Farnum Building (373-1721) Regulatory Reform - Wednesday, September 7, 1:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323) Senate Fiscal Agency Board of Governors - Wednesday, September 21, 9:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Transportation - Thursday, September 8, 8:30 a.m., Room 210, Farnum Building (373-5312) Veterans, Military Affairs and Homeland Security - Thursday, September 8, 2:00 p.m., Room 110, Farnum Building (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 12:10 p.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, September 7, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 62 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Wednesday, September 7, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—present Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—excused Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 1494 JOURNAL OF THE SENATE [September 7, 2016] [No. 62 astor Patrick Sanders of New Jerusalem Full Gospel Baptist Church of Flint offered the following invocation: P Father, we come before You with thanksgiving. We ask that You will bless this Senate in all that they do. Put their hands glad to be successful. Allow them to have creative ideas with the intentions on working together. This we ask. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senator Casperson be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senator Rocca be excused from today’s session. S The motion prevailed. Senator Casperson entered the Senate Chamber. Senator Zorn asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Zorn’s statement is as follows: Today is one of those bittersweet days, when life’s changes hit my heart, and creates a hole in our office. After six dedicated years, Angela Goble will be leaving our office to pursue an administrative career with the La-Z-Boy Chair company. I know that Angela will miss the 90 minute drive to Lansing every morning, as she trades that in for a 10 minute drive to the headquarters of La-Z-Boy. Angela began her Capitol career in 2011, after working in our successful 2010 campaign for the Michigan House of Representatives, and she has been with me ever since. She brought many talents with her, such as customer service, writing and editing, graphic design, and administrative qualities, but most of all, she demonstrated a true desire to listen and help those that needed assistance, whether with a personal matter or with someone caught in the quagmire of government. From the beginning, Angela knew it was not about getting our name etched into history, but to help those that came looking for assistance. She also had to figure me out—that was a job in itself. As an extraordinary staffer, Angela has helped calm many constituents with her patience and kind words. Her warm smile and welcoming personality brightened the day of those who entered our office. She was the mainstay of our office, she was my go-to person, the one that kept me out of trouble, and the one that I could just sit and chat with when it seemed things weren’t going right. In all of her undertakings, she has demonstrated outstanding ability, sound judgment, integrity, and efficiency. Throughout her career in state government, Angela’s performance deserves praise. Her record of service can only be matched by the esteem in which she is held by our constituents and her peers. Although Angela’s departure reminds me that life is forever changing, I take this time to recognize a selfless individual whose countless efforts have made a positive difference in Michigan. Angela exemplifies a truly giving spirit. Her experience, enthusiasm, dedication, and positive attitude to the district, Legislature and to me will be greatly missed. Above all that Angela has accomplished while working for the people of this great state, she has become more of a daughter to my wife and I. Having you and Dave as part of our family at home, and here in Lansing has given us many memories that will last a lifetime. It is with great sadness to see you leave the doors of state government, but you will take with you our appreciation and admiration for your dedication to public service. We also send our love and best wishes for a wonderful future with your husband, Dave, who is with us today. It is with great pleasure that I extend my highest praise to Angela in acknowledgment of the excellent job she has done during her career in the Legislature. The people and I recognize your loyalty and dedication to public service and to a job well done. enator Hood moved that Senators Johnson and Young be temporarily excused from today’s session. S The motion prevailed. No. 62] [September 7, 2016] JOURNAL OF THE SENATE The following communication was received: Office of Senator Marty Knollenberg I would like to be added as a co‑sponsor on SB 995, 996, and 998. Thank you for your consideration of my request. The communication was referred to the Secretary for record. 1495 August 25, 2016 Sincerely, Marty Knollenberg State Senator, 13th District The Secretary announced that the following bills were printed and filed on Tuesday, September 6, and are available at the Michigan Legislature website: Senate Bill Nos. 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040 1041 1042 1043 1044 1045 1046 1047 1048 1049 1050 By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills enators Bieda, Ananich, Knezek, Young, Gregory, Hood, Warren and Hopgood introduced S Senate Joint Resolution S, entitled A joint resolution to petition the Congress of the United States to call a convention to propose an amendment to the Constitution of the United States to restrict independent political spending. The joint resolution was read a first and second time by title and referred to the Committee on Government Operations. Senator Green introduced Senate Bill No. 1051, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21102 and 21104 (MCL 324.21102 and 324.21104). The bill was read a first and second time by title and referred to the Committee on Natural Resources. Senator Green introduced Senate Bill No. 1052, entitled A bill to amend 1984 PA 44, entitled “Motor fuels quality act,” by amending section 6 (MCL 290.646), as amended by 2006 PA 271. The bill was read a first and second time by title and referred to the Committee on Agriculture. Senator Green introduced Senate Bill No. 1053, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21506a and 21508 (MCL 324.21506a and 324.21508), as amended by 2014 PA 416. The bill was read a first and second time by title and referred to the Committee on Agriculture. Senator Robertson introduced Senate Bill No. 1054, entitled A bill to amend 2004 PA 403, entitled “Michigan unarmed combat regulatory act,” by amending sections 20, 30, 33, 33a, 47, 48, and 54a (MCL 338.3620, 338.3630, 338.3633, 338.3633a, 338.3647, 338.3648, and 338.3654a), sections 20, 30, 33, 47, and 48 as amended and sections 33a and 54a as added by 2015 PA 183. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators MacGregor and O’Brien introduced Senate Bill No. 1055, entitled A bill to amend 1984 PA 379, entitled “An act to define and regulate certain credit card transactions, agreements, charges, and disclosures; to prescribe the powers and duties of the financial institutions bureau and certain state agencies; to provide for the promulgation of rules; and to provide for fines and penalties,” by amending section 1 (MCL 493.101). The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. 1496 JOURNAL OF THE SENATE [September 7, 2016] [No. 62 Senators O’Brien and MacGregor introduced Senate Bill No. 1056, entitled A bill to amend 2006 PA 250, entitled “Money transmission services act,” by amending section 4 (MCL 487.1004). The bill was read a first and second time by title and referred to the Committee on Banking and Financial Institutions. Senators Ananich, Hertel and Bieda introduced Senate Bill No. 1057, entitled A bill to amend 2012 PA 436, entitled “Local financial stability and choice act,” by amending section 20 (MCL 141.1560). The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Ananich, Hertel and Bieda introduced Senate Bill No. 1058, entitled A bill to amend 1846 RS 12, entitled “Of certain state officers,” by amending section 29 (MCL 14.29). The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Ananich, Hertel and Bieda introduced Senate Bill No. 1059, entitled A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” (MCL 691.1401 to 691.1419) by adding section 7d. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senator Zorn introduced Senate Bill No. 1060, entitled A bill to amend 2006 PA 110, entitled “Michigan zoning enabling act,” by amending section 208 (MCL 125.3208), as amended by 2010 PA 330. The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment. Senators Horn, Stamas, Bieda, Brandenburg, MacGregor, Knezek, Warren, Young, Hertel, Schmidt, Kowall, Zorn, Jones and Emmons introduced Senate Bill No. 1061, entitled A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2, 8a, 11, 13, 15, and 16 (MCL 125.2652, 125.2658a, 125.2661, 125.2663, 125.2665, and 125.2666), section 2 as amended by 2013 PA 67 and section 8a as added and sections 13, 15, and 16 as amended by 2012 PA 502, and by adding sections 13a and 14a. The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment. Senators Brandenburg, Horn, Stamas, Bieda, MacGregor, Knezek, Warren, Hertel, Young, Schmidt, Kowall, Zorn and Jones introduced Senate Bill No. 1062, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 51e. The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment. No. 62] [September 7, 2016] JOURNAL OF THE SENATE 1497 Senators Stamas, Horn, Bieda, Brandenburg, MacGregor, Knezek, Warren, Schmidt, Kowall, Hertel, Young, Zorn and Jones introduced Senate Bill No. 1063, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2015 PA 262. The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment. Senators MacGregor, Horn, Stamas, Bieda, Brandenburg, Knezek, Warren, Hertel, Young, Schmidt, Kowall, Zorn and Jones introduced Senate Bill No. 1064, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 21 (MCL 205.111), as amended by 2015 PA 263. The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment. Senators Bieda, Horn, Stamas, Brandenburg, MacGregor, Knezek, Warren, Young, Schmidt, Kowall, Hertel, Zorn and Jones introduced Senate Bill No. 1065, entitled A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 9 (MCL 125.2689), as amended by 2011 PA 315. The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment. Senators Young and Johnson entered the Senate Chamber. By unanimous consent the Senate returned to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 727 Senate Bill No. 981 House Bill No. 5494 House Bill No. 5495 House Bill No. 5496 House Bill No. 5497 House Bill No. 5498 House Bill No. 5499 House Bill No. 5500 House Bill No. 5501 House Bill No. 5503 Senate Bill No. 995 Senate Bill No. 996 Senate Bill No. 997 Senate Bill No. 998 The motion prevailed. The following bill was read a third time: Senate Bill No. 727, entitled A bill to amend 2000 PA 92, entitled “Food law,” by amending sections 1105, 3113, and 6101 (MCL 289.1105, 289.3113, and 289.6101), section 1105 as amended by 2014 PA 516 and section 6101 as amended by 2012 PA 178. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 480 Ananich Bieda Yeas—32 Hildenbrand Hood Knollenberg Robertson Kowall Schmidt 1498 JOURNAL OF THE SENATE [September 7, 2016] Casperson Hopgood Colbeck Horn Emmons Hune Gregory Johnson Hansen Jones Hertel Knezek [No. 62 Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—4 Booher Brandenburg Green MacGregor Excused—1 Rocca Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 981, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 525 (MCL 436.1525), as amended by 2014 PA 353. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 481 Yeas—36 Ananich Hansen Knezek Proos Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Schmidt Brandenburg Hood MacGregor Schuitmaker Casperson Hopgood Marleau Shirkey Colbeck Horn Meekhof Stamas Emmons Hune Nofs Warren Green Johnson O’Brien Young Gregory Jones Pavlov Zorn Nays—0 Excused—1 Rocca Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. No. 62] [September 7, 2016] JOURNAL OF THE SENATE 1499 The following bill was read a third time: House Bill No. 5494, entitled A bill to amend 2004 PA 378, entitled “Public body law enforcement agency act,” by amending sections 6 and 7 (MCL 28.586 and 28.587). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 482 Yeas—36 Ananich Hansen Knezek Proos Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Schmidt Brandenburg Hood MacGregor Schuitmaker Casperson Hopgood Marleau Shirkey Colbeck Horn Meekhof Stamas Emmons Hune Nofs Warren Green Johnson O’Brien Young Gregory Jones Pavlov Zorn Nays—0 Excused—1 Rocca Not Voting—0 In The Chair: President Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:25 a.m. 10:34 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to allow certain public bodies to create law enforcement agencies and grant certain powers and authority to law enforcement officers employed by those agencies; to require those law enforcement officers to meet certain standards; to prescribe certain powers and duties of those law enforcement agencies; to provide for certain powers of public bodies; and to provide for certain powers and duties of state and local agencies and officers,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5495, entitled A bill to amend 2000 PA 246, entitled “Wolf-dog cross act,” by amending section 2 (MCL 287.1002). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1500 Roll Call No. 483 JOURNAL OF THE SENATE [September 7, 2016] [No. 62 Yeas—36 Ananich Hansen Knezek Proos Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Schmidt Brandenburg Hood MacGregor Schuitmaker Casperson Hopgood Marleau Shirkey Colbeck Horn Meekhof Stamas Emmons Hune Nofs Warren Green Johnson O’Brien Young Gregory Jones Pavlov Zorn Nays—0 Excused—1 Rocca Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5496, entitled A bill to amend 2004 PA 403, entitled “Michigan unarmed combat regulatory act,” by amending section 33 (MCL 338.3633), as amended by 2015 PA 183. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 484 Yeas—36 Ananich Hansen Knezek Proos Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Schmidt Brandenburg Hood MacGregor Schuitmaker Casperson Hopgood Marleau Shirkey Colbeck Horn Meekhof Stamas Emmons Hune Nofs Warren Green Johnson O’Brien Young Gregory Jones Pavlov Zorn Nays—0 No. 62] [September 7, 2016] JOURNAL OF THE SENATE 1501 Excused—1 Rocca Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to regulate the conduct of certain unarmed combat events and contests; to create the Michigan unarmed combat commission and establish its powers and duties; to provide for the powers and duties of certain state agencies and departments; to license and regulate promoters, contestants, and other persons engaged in the business of boxing and mixed martial arts; to confer immunity under certain circumstances; to provide for the conducting of certain tests; to assess fees; to establish the Michigan unarmed combat fund and provide for the use of the money in the fund; to authorize the promulgation of rules; to provide for penalties and remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5497, entitled A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices; to prohibit the buying, selling, or carrying of certain firearms, gas ejecting devices, and electro-muscular disruption devices without a license or other authorization; to provide for the forfeiture of firearms and electro-muscular disruption devices under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1, 2a, and 12a (MCL 28.421, 28.422a, and 28.432a), sections 1 and 12a as amended by 2015 PA 207 and section 2a as amended by 2016 PA 6. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 485 Yeas—36 Ananich Hansen Knezek Proos Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Schmidt Brandenburg Hood MacGregor Schuitmaker Casperson Hopgood Marleau Shirkey Colbeck Horn Meekhof Stamas Emmons Hune Nofs Warren Green Johnson O’Brien Young Gregory Jones Pavlov Zorn Nays—0 Excused—1 Rocca 1502 JOURNAL OF THE SENATE [September 7, 2016] [No. 62 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5498, entitled A bill to amend 2006 PA 563, entitled “An act to restrict the use and disclosure of certain statements made by law enforcement officers,” by amending section 1 (MCL 15.391). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 486 Yeas—36 Ananich Hansen Knezek Proos Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Schmidt Brandenburg Hood MacGregor Schuitmaker Casperson Hopgood Marleau Shirkey Colbeck Horn Meekhof Stamas Emmons Hune Nofs Warren Green Johnson O’Brien Young Gregory Jones Pavlov Zorn Nays—0 Excused—1 Rocca Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5499, entitled A bill to amend 2001 PA 185, entitled “Legislative sergeant at arms police powers act,” by amending section 2 (MCL 4.382). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 62] Roll Call No. 487 [September 7, 2016] JOURNAL OF THE SENATE 1503 Yeas—36 Ananich Hansen Knezek Proos Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Schmidt Brandenburg Hood MacGregor Schuitmaker Casperson Hopgood Marleau Shirkey Colbeck Horn Meekhof Stamas Emmons Hune Nofs Warren Green Johnson O’Brien Young Gregory Jones Pavlov Zorn Nays—0 Excused—1 Rocca Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to commission and confer certain police and arrest powers on certain sergeants at arms and assistant sergeants at arms in the legislative branch; to prescribe certain duties and responsibilities of certain state employees; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5500, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 42 and 726c (MCL 257.42 and 257.726c), as amended by 2012 PA 529. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 488 Yeas—36 Ananich Hansen Knezek Proos Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Schmidt Brandenburg Hood MacGregor Schuitmaker Casperson Hopgood Marleau Shirkey Colbeck Horn Meekhof Stamas Emmons Hune Nofs Warren Green Johnson O’Brien Young Gregory Jones Pavlov Zorn 1504 JOURNAL OF THE SENATE [September 7, 2016] [No. 62 Nays—0 Excused—1 Rocca Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5501, entitled A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending section 2 (MCL 287.1102), as amended by 2013 PA 8. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 489 Yeas—36 Ananich Hansen Knezek Proos Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Schmidt Brandenburg Hood MacGregor Schuitmaker Casperson Hopgood Marleau Shirkey Colbeck Horn Meekhof Stamas Emmons Hune Nofs Warren Green Johnson O’Brien Young Gregory Jones Pavlov Zorn Nays—0 No. 62] [September 7, 2016] JOURNAL OF THE SENATE 1505 Excused—1 Rocca Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to regulate the ownership, possession, and care of certain large carnivores; to prohibit the ownership and possession of certain large carnivores; to impose fees; to prescribe the powers and duties of certain governmental entities and officials and of certain veterinarians; and to prescribe penalties and provide remedies,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5503, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 1303 (MCL 700.1303), as amended by 2000 PA 54. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 490 Yeas—36 Ananich Hansen Knezek Proos Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Schmidt Brandenburg Hood MacGregor Schuitmaker Casperson Hopgood Marleau Shirkey Colbeck Horn Meekhof Stamas Emmons Hune Nofs Warren Green Johnson O’Brien Young Gregory Jones Pavlov Zorn Nays—0 Excused—1 Rocca In The Chair: President Not Voting—0 1506 JOURNAL OF THE SENATE [September 7, 2016] [No. 62 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 995, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 2b, 602b, 643, 643a, and 665 (MCL 257.2b, 257.602b, 257.643, 257.643a, and 257.665), sections 2b and 665 as added, section 204a as amended by 2004 PA 362, and section 602b as amended by 2013 PA 231, and by adding sections 40c, 606b, and 665a; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 491 Yeas—36 Ananich Hansen Knezek Proos Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Schmidt Brandenburg Hood MacGregor Schuitmaker Casperson Hopgood Marleau Shirkey Colbeck Horn Meekhof Stamas Emmons Hune Nofs Warren Green Johnson O’Brien Young Gregory Jones Pavlov Zorn Nays—0 Excused—1 Rocca Not Voting—0 In The Chair: President enator Kowall offered to amend the title to read as follows: S A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 2b, 204a, 602b, 643, 643a, and 665 (MCL 257.2b, 257.204a, 257.602b, 257.643, 257.643a, and 257.665), sections 2b and 665 as added and section 602b as amended by 2013 PA 231, section 204a as amended by 2004 PA 362, and by adding sections 40c, 606b, and 665a; and to repeal acts and parts of acts. The amendment to the title was adopted. The Senate agreed to the title as amended. Senators Bieda, Booher, Casperson, Emmons, Gregory, Hansen, Hood, Hopgood, Hune, Johnson, Knezek, Knollenberg, MacGregor, Meekhof, Nofs, O’Brien, Pavlov, Proos, Robertson, Schuitmaker, Shirkey, Young and Zorn were named co‑sponsors of the bill. The motion prevailed. No. 62] [September 7, 2016] JOURNAL OF THE SENATE 1507 Senator Kowall asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Kowall’s statement is as follows: We are about to vote on some bills. A few of us never get the opportunity to make such dramatic changes in the history of the state of Michigan. Some hundred and twenty-five years ago, a young man by the name of Henry Ford invented what is known now as the moving assembly line. Not since then has anything as dramatic as that taken place here in the state of Michigan. We are moving into the next century, ladies and gentlemen, and with your assistance we are going to secure Michigan’s place, Detroit’s place, Lansing’s place, Flint’s place, and all the automotive centers in this state as the center of the universe for autonomous vehicle study research development and manufacturing. If you can think about what it was like when our grandparents had a horse and carriage, they were relying on that little brain of the horse for the horse to stop. Then some guy came along and invented a car that needed to be controlled all the time by the human spirit and by the human brain. Now we are embarking on intelligence that is computer-driven. We are going to be relying on that into the future, not only to keep Michigan in the center of it, but to move our kids around and to move us around as we get older. Ninety-four percent of all accidents are created by human error, and this is going to take that human error out. Those of you who are coming back after we are gone in a couple of years, it is going to be your challenge to move this even further. Everything is going to have to be looked at; from how insurance is covered, and every other aspect in about, 125 other places in the vehicle code. We are going to open all these up for co‑sponsorship, because I do believe we do have just about all the Senators on board with this. I would be proud to have all of you co‑sponsoring these bills. In particular, I want to thank the Senator from the 18th District for all her hard work on the center for mobility, which is going to be able to create centers of study for every research and development company in the world. So, thank you once again for allowing me to speak on these bills, and thank you for your partnership in moving Michigan forward. The following bill was read a third time: Senate Bill No. 996, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 665b. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 492 Yeas—36 Ananich Hansen Knezek Proos Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Schmidt Brandenburg Hood MacGregor Schuitmaker Casperson Hopgood Marleau Shirkey Colbeck Horn Meekhof Stamas Emmons Hune Nofs Warren Green Johnson O’Brien Young Gregory Jones Pavlov Zorn Nays—0 Excused—1 Rocca In The Chair: President Not Voting—0 1508 JOURNAL OF THE SENATE [September 7, 2016] [No. 62 he Senate agreed to the title of the bill. T Senators Bieda, Booher, Casperson, Emmons, Gregory, Hansen, Hildenbrand, Hood, Hopgood, Hune, Johnson, Knezek, Knollenberg, Meekhof, Nofs, O’Brien, Pavlov, Proos, Robertson, Schuitmaker, Shirkey, Young and Zorn were named co‑sponsors of the bill. The motion prevailed. The following bill was read a third time: Senate Bill No. 997, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 2b and 601a (MCL 257.2b and 257.601a), section 2b as added by 2013 PA 231 and section 601a as amended by 2011 PA 115, and by adding section 665a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 493 Yeas—36 Ananich Hansen Knezek Proos Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Schmidt Brandenburg Hood MacGregor Schuitmaker Casperson Hopgood Marleau Shirkey Colbeck Horn Meekhof Stamas Emmons Hune Nofs Warren Green Johnson O’Brien Young Gregory Jones Pavlov Zorn Nays—0 Excused—1 Rocca Not Voting—0 In The Chair: President he Senate agreed to the title of the bill. T Senators Bieda, Booher, Casperson, Emmons, Gregory, Hansen, Hildenbrand, Hood, Hopgood, Hune, Johnson, Knezek, MacGregor, Meekhof, Nofs, O’Brien, Pavlov, Proos, Robertson, Schuitmaker, Shirkey, Young and Zorn were named co‑sponsors of the bill. The motion prevailed. The following bill was read a third time: Senate Bill No. 998, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2949b (MCL 600.2949b), as added by 2013 PA 251. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 62] Roll Call No. 494 [September 7, 2016] JOURNAL OF THE SENATE 1509 Yeas—36 Ananich Hansen Knezek Proos Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Schmidt Brandenburg Hood MacGregor Schuitmaker Casperson Hopgood Marleau Shirkey Colbeck Horn Meekhof Stamas Emmons Hune Nofs Warren Green Johnson O’Brien Young Gregory Jones Pavlov Zorn Nays—0 Excused—1 Rocca Not Voting—0 In The Chair: President he Senate agreed to the title of the bill. T Senators Bieda, Booher, Casperson, Emmons, Gregory, Hansen, Hildenbrand, Hood, Hopgood, Hune, Johnson, Knezek, Knollenberg, MacGregor, Meekhof, Nofs, Pavlov, Proos, Robertson, Schuitmaker, Shirkey, Young and Zorn were named co‑sponsors of the bill. The motion prevailed. By unanimous consent the Senate returned to the order of Motions and Communications The following communication was received and read: Office of the Senate Majority Leader September 7, 2016 I would like Senate Bill 1032 re-referred to the Senate Committee on Agriculture. If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communication was referred to the Secretary for the record. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Knezek as Chairperson. 1510 JOURNAL OF THE SENATE [September 7, 2016] [No. 62 Recess enator Kowall moved that the Committee of the Whole recess subject to the call of the Chairperson. S The motion prevailed, the time being 11:26 a.m. 11:35 a.m. The Committee of the Whole was called to order by the Chairperson, Senator Knezek. After some time spent therein, the Committee arose; and, the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 884, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 109 (MCL 400.109), as amended by 2012 PA 48. House Bill No. 4022, entitled A bill to provide for certain powers and duties for foster care caseworkers; to require monitoring of credit-related activity in foster children’s names; and to provide for the powers and duties for certain courts, state departments, and agencies. Senate Bill No. 1009, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78q (MCL 211.78q), as added by 2014 PA 499. Senate Bill No. 986, entitled A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” by amending sections 653 and 655 (MCL 550.1653 and 550.1655), as added by 2013 PA 4. House Bill No. 5429, entitled A bill to amend 1998 PA 362, entitled “Michigan marina and boatyard storage lien act,” by amending sections 2, 3, 4, 5, and 6 (MCL 570.372, 570.373, 570.374, 570.375, and 570.376). Senate Bill No. 1019, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17210 and 17708 (MCL 333.17210 and 333.17708), section 17708 as amended by 2016 PA 49. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5283, entitled A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending sections 2 and 36 (MCL 567.222 and 567.256), section 2 as amended by 2015 PA 242, and by adding section 36a. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 962, entitled A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 5, 44, 45, and 45a (MCL 24.205, 24.244, 24.245, and 24.245a), section 5 as amended by 2006 PA 460, section 44 as amended by 2004 PA 23, section 45 as amended by 2013 PA 200, and section 45a as amended by 2011 PA 245, and by adding section 45c. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. No. 62] [September 7, 2016] JOURNAL OF THE SENATE 1511 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5649, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7403 (MCL 333.7403), as amended by 2015 PA 220. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5650, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7404 (MCL 333.7404), as amended by 2015 PA 220. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate proceeded to the order of Statements Senator Colbeck asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Colbeck’s statement is as follows: I was wondering if you would be upset if the federal government knew of a risk that has a better than 12 percent chance of happening in the next decade, and could result in the deaths of 9-out-of-10 Americans, yet they did not anything effectively to take steps to protect against it? Sadly, that is the case today. What is the risk? An electromagnetic pulse (EMP) directed at our electric grid either as a result of a solar flare or attack by an enemy. Do you remember the Blackout of 2003? During that event, the power outage duration was measured in days. An EMP event would result in a power outage for months or even years. Such an outage would go well beyond the temporary inconveniences experienced in 2003, such as traffic signals and lighting. Without power, most of us would have no water to drink or any support for our sanitation systems. We would have no diesel for trucks to bring food into grocery stores. All of the critical infrastructures that support modern civilization would be paralyzed by collapse of the electrical power grid. I know you guys are thinking about this right now—is this something that is really possible or is it just some pie in the sky thing? It’s not just me saying it. According to the Congressional Task Force on the National and Homeland Security headed by Doctor Peter Vincent Pry, as recently as 2013, North Korea was caught flying a satellite over the United States in the optimum trajectory for an EMP attack to take down the grid in 48 states. They have also been caught with nuclear capable SA-2 missile launchers on freighters passing through our coastal waters. Coincident with the North Korea satellite flyby, parties unknown attacked the Metcalf substation in Silicon Valley with AK-47s that would have disabled the power in the region for months. In June of 2014, Al Qaeda used mortars and rockets to destroy key components of the Yemen infrastructure, plunging the whole nation of 24 million people into darkness. In March of 2015, Turkey suffered a temporary, nationwide blackout likely as a result of a cyber-attack by Iran. Even if no enemies attack our grid, in a 2015 White House Executive Order acknowledging the EMP threat, NASA estimates that likelihood of a catastrophic geomagnetic super storm over the next decade, on the order of the one which narrowly missed Earth on July 23, 2012, is better than 12 percent. So what are we doing about it? The federal government, frankly, is doing nothing substantive on the matter. It is now up to the states to act—and act quickly. What can states do? As it turns out, much more than I had originally thought when I started to investigate this matter. While most local efforts to harden our grid to date have focused upon physical security such as fences and cyber security, relatively little has been done to shield key components from an EMP blast. Some of these components are no longer manufactured in the United States resulting in lead times of over one year from German and South Korean sources. We could significant reduce the risk of prolonged power outages due to an EMP while also enhancing physical security by enclosing these key components in Faraday Cages coupled with the enhanced physical security and installation of high performance surge suppressors. Furthermore, we can shield the storage garages containing utility vehicles and equipment necessary to repair other components of the grid. Hardening the grid typically has bi-partisan support. It’s not an issue as to whether or not we need to do something. As usual, though, it comes down to money. How much would it cost to take these steps to go off and harden the grid? Based upon similar efforts in other states, a 1-time expenditure for approximately the same amount of money that we used to 1512 JOURNAL OF THE SENATE [September 7, 2016] [No. 62 spend annually on the film credit program—$50 million. As with most things in government, it comes down to priorities. I believe that protecting us from a reasonable risk to the lives of 9-out-of-10 of our citizens should be at the top of our priority list. If you agree, I encourage you to join me in state-based efforts to harden Michigan’s grid. We need an immediate assessment of vulnerabilities of our electric grid to EMP events and specific steps in Michigan that are needed to mitigate this risk. Public safety should be our highest priority. Let’s make that clear to those we serve by taking tangible steps to harden Michigan’s grid. Committee Reports The Committee on Health Policy reported House Bill No. 5001, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17959 (MCL 333.17959), as amended by 2010 PA 304. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Health Policy reported House Bill No. 5314, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 9155 and 9156 (MCL 333.9155 and 333.9156), section 9155 as added by 2012 PA 342 and section 9156 as added by 2012 PA 343. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Tuesday, September 6, 2016, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Excused: Senator Hune Scheduled Meetings Economic Development and International Investment - Thursday, September 8, 1:30 p.m., Room 210, Farnum Building (373-5323) Elections and Government Reform - Thursday, September 8, 9:00 a.m., Rooms 402 and 403, Capitol Building (373-1721) Senate Fiscal Agency Board of Governors - Wednesday, September 21, 9:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) No. 62] [September 7, 2016] JOURNAL OF THE SENATE 1513 Transportation - Thursday, September 8, 8:30 a.m., Room 210, Farnum Building (373-5312) Veterans, Military Affairs and Homeland Security - Thursday, September 8, 2:00 p.m., Room 110, Farnum Building (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:44 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, September 8, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1514 No. 63 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Thursday, September 8, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Senate Journal No. 63 Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—present Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 1516 JOURNAL OF THE SENATE [September 8, 2016] [No. 63 everend Glenn McIntosh of the Renaissance Unity Church of Warren offered the following invocation: R As I arrived this morning, I got out of my car there was a surge of energy, a burst of power, and I knew angels were encamping themselves around the State Capitol Building in anticipation of our Father God arriving. He has arrived. I decree; I declare that He is in this place right now and His power can be felt. And so it is that umbrella that we perform our responsibilities as public service, not perfect servants. And because we are not perfect servants, we lean on the Almighty God. And so it is to Him that we bow our heads and we pray: Father God, we thank You for this moment, this opportunity to serve You. As we look across the terrain of our state we know our responsibilities as elected officials to protect and serve. With that responsibility we turn to You, Father God, for strength, for purpose, guidance, and direction. We ask that with this new day You refresh, reboot, and relax us in a manner that brings forth ideas that create opportunities for people in our various communities. Father God, we trust You, we believe in You, and with that faith we know, as is said in 1 Corinthians 13:13 that through faith, hope, and love—love being the most important—all things are possible through You, Father God. And so we turn to You knowing that nothing is impossible. If you are a believer in Almighty God shout, Amen! The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications enator Kowall moved that Senators Brandenburg, Casperson and Hansen be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Johnson and Young be temporarily excused from today’s session. S The motion prevailed. Senator Kowall moved that the following bill, now on the order of Committee Reports, be referred to the Committee on Government Operations: House Bill No. 5421, entitled A bill to amend 1999 PA 149, entitled “Public employee health care fund investment act,” by amending section 2 (MCL 38.1212) and by adding sections 4a, 4b, and 4c. The motion prevailed. The following communication was received and read: Office of Senate Majority Leader I would like Senate Bill 1060 re-referred to the Senate Committee on Local Government. If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communication was referred to the Secretary for the record. September 7, 2016 Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Ananich, Colbeck and Proos admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. Senator Ananich asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Ananich’s statement is as follows: I have the distinct honor today, to have some guests with me today. I, first, would like to thank my colleagues on the Transportation Committee especially chairman Casperson for today passing a bill memorializing a great young man from my community. No. 63] [September 8, 2016] JOURNAL OF THE SENATE 1517 I have Terry Johnson, who is a, unfortunately, a gold star mother to a tremendous young man back in my community, who made the ultimate sacrifice in 2010, Sergeant Joe Johnson. His loving uncle John is with us as well today. As I have said before, chairman Casperson and the colleagues on the Transportation Committee unanimously passed a bill honoring him in the Transportation Committee today, hopefully we will get that passed in the Senate and obviously, move forward to give a small honor to a wonderful young man and a great family. If you could welcome them to the floor today, they are right here with me. It is an honor to have them and hopefully you all feel the same way. Senators Young, Casperson, Johnson, Brandenburg and Hansen entered the Senate Chamber. Senator Kowall moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today: House Bill No. 5291 The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved that the rules be suspended and that the following resolution, now on Committee Reports, be placed on the Resolutions calendar for consideration today: Senate Concurrent Resolution No. 19 The motion prevailed, a majority of the members serving voting therefor. The Secretary announced that the following bills and joint resolution were printed and filed on Wednesday, September 7, and are available at the Michigan Legislature website: Senate Bill Nos. 1051 1052 1053 1054 1055 1056 1057 1058 1059 1060 1061 1062 1063 1064 1065 Senate Joint Resolution S The Secretary announced that pursuant to Rule 2.109 of the Standing Rules of the Senate, the following expense reports have been filed with the Senate Business Office for the quarter from April 1, 2016 through June 30, 2016, and are available in the Senate Business Office during business hours for public inspection: ommittee Chairperson C Agriculture Senator Joe Hune Appropriations Senator Dave Hildenbrand Banking and Financial Institutions Senator Darwin Booher Commerce Senator Wayne Schmidt Economic Development and International Investment Senator Ken Horn Education Senator Phil Pavlov Elections and Government Reform Senator David Robertson Energy and Technology Senator Mike Nofs Families, Seniors and Human Services Senator Judy Emmons Finance Senator Jack Brandenburg Government Operations Senator Arlan Meekhof Health Policy Senator Mike Shirkey Insurance Senator Joe Hune Judiciary Senator Rick Jones Local Government Senator Dale Zorn Michigan Competitiveness Senator Mike Shirkey Natural Resources Senator Tom Casperson Oversight Senator MacGregor Outdoor Recreation and Tourism Senator Goeff Hansen Regulatory Reform Senator Tory Rocca Transportation Senator Tom Casperson Veterans, Military Affairs and Homeland Security Senator Margaret O’Brien 1518 JOURNAL OF THE SENATE [September 8, 2016] [No. 63 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Hopgood as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 909, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 19511, 19512, and 19513 (MCL 324.19511, 324.19512, and 324.19513), as added by 1995 PA 60. Senate Bill No. 911, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 19508, 19509, and 19510 (MCL 324.19508, 324.19509, and 324.19510), as added by 1995 PA 60. Senate Bill No. 912, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 19609, 19610, 19611, and 19612 (MCL 324.19609, 324.19610, 324.19611, and 324.19612), sections 19609, 19610, and 19611 as added by 1998 PA 288 and section 19612 as amended by 2014 PA 115, and by adding section 19610a. Senate Bill No. 913, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 20108b (MCL 324.20108b), as amended by 2010 PA 233. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5275, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 72101, 72115, 81127, and 81133 (MCL 324.72101, 324.72115, 324.81127, and 324.81133), section 72101 as amended by 2014 PA 211, section 72115 as amended by 2014 PA 213, section 81127 as amended by 1998 PA 86, and section 81133 as amended by 2014 PA 147, and by adding section 72118; and to repeal acts and parts of acts. Substitute (S-2). The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 908, entitled A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2, 3, 4, 7, 8, 8a, 11, 13, 14, 15, 15a, and 16 (MCL 125.2652, 125.2653, 125.2654, 125.2657, 125.2658, 125.2658a, 125.2661, 125.2663, 125.2664, 125.2665, 125.2665a, and 125.2666), section 2 as amended by 2013 PA 67, section 3 as amended by 2000 PA 145, sections 4, 8, 13, 15, and 16 as amended and section 8a as added by 2012 PA 502, section 7 as amended by 2002 PA 413, and section 15a as amended by 2014 PA 20, and by adding sections 13a and 13b; and to repeal acts and parts of acts. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 910, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 19601, 19607, 19608, and 19608a (MCL 324.19601, 324.19607, 324.19608, and 324.19608a), sections 19601 and 19607 as No. 63] [September 8, 2016] JOURNAL OF THE SENATE 1519 added by 1998 PA 288, section 19608 as amended by 2012 PA 446, and section 19608a as added by 2003 PA 253, and by adding section 19608b. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5291, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 20, 25e, 61a, 61c, 98, 99h, 99t, and 104c (MCL 388.1620, 388.1625e, 388.1661a, 388.1661c, 388.1698, 388.1699h, 388.1699t, and 388.1704c), sections 20, 25e, 61a, 98, 99h, and 104c as amended and section 99t as added by 2016 PA 249. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senators Jones and Proos introduced Senate Bill No. 1066, entitled A bill to amend 1915 PA 31, entitled “Youth tobacco act,” (MCL 722.641 to 722.645) by amending the title and by adding section 3a. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Bieda, Jones, Hertel, Knezek and Emmons introduced Senate Bill No. 1067, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 24 of chapter VII (MCL 767.24), as amended by 2014 PA 324. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Knollenberg and Meekhof introduced Senate Bill No. 1068, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 1c (MCL 247.651c), as amended by 2010 PA 28. The bill was read a first and second time by title and referred to the Committee on Transportation. 1520 JOURNAL OF THE SENATE [September 8, 2016] [No. 63 Senators MacGregor, Shirkey, Robertson, Knezek, Marleau and Horn introduced Senate Bill No. 1069, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16625 (MCL 333.16625), as amended by 2005 PA 161. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators Zorn and Jones introduced Senate Bill No. 1070, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 48714a. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. Senators Green, Jones and Zorn introduced Senate Bill No. 1071, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40113a (MCL 324.40113a), as amended by 2014 PA 281, and by adding sections 43528d and 48714b. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. Senators Zorn and Jones introduced Senate Bill No. 1072, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 43528c. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. Senators Meekhof, Hildenbrand, Booher, Brandenburg, Zorn, Shirkey, Marleau, Proos, Horn, Jones, MacGregor, Stamas and Bieda introduced Senate Bill No. 1073, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43516 and 43523a (MCL 324.43516 and 324.43523a), section 43516 as amended by 2016 PA 36 and section 43523a as added by 2013 PA 108, and by adding section 43526b; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. Senators Zorn, Hildenbrand, Booher, Brandenburg, Shirkey, Marleau, Proos, Horn, Jones, MacGregor, Stamas and Bieda introduced Senate Bill No. 1074, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43516 and 43525b (MCL 324.43516 and 324.43525b), section 43516 as amended by 2016 PA 36 and section 43525b as added by 2013 PA 108. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. Senators Schmidt, Hildenbrand, Booher, Brandenburg, Zorn, Shirkey, Marleau, Proos, Horn, Jones, MacGregor, Stamas and Bieda introduced Senate Bill No. 1075, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43516, 43532, 43533, and 43536 (MCL 324.43516, 324.43532, 324.43533, and 324.43536), section 43516 as amended by 2016 PA 36 and sections 43532, 43533, and 43536 as amended by 2013 PA 108. The bill was read a first and second time by title and referred to the Committee on Outdoor Recreation and Tourism. Senators O’Brien and Knezek introduced Senate Bill No. 1076, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 636 and 637 (MCL 257.636 and 257.637). The bill was read a first and second time by title and referred to the Committee on Judiciary. No. 63] [September 8, 2016] JOURNAL OF THE SENATE 1521 Senators Knezek and O’Brien introduced Senate Bill No. 1077, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 636 (MCL 257.636). The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators O’Brien and Knezek introduced Senate Bill No. 1078, entitled A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending section 37 (MCL 256.657), as amended by 2014 PA 317. The bill was read a first and second time by title and referred to the Committee on Judiciary. By unanimous consent the Senate returned to the order of Resolutions enator Kowall moved that further consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 Senate Concurrent Resolution No. 30 The motion prevailed. enators O’Brien and Kowall offered the following resolution: S Senate Resolution No. 196. A resolution commemorating September 11-17, 2016, as Michigan Patriot Week. Whereas, The Legislature recognizes that understanding American history and America’s First Principles are indispensable to the survival of our republic as a free people. In great reverence to the victims of the September 11, 2001, attacks, the Legislature acknowledges that American citizens must take time to honor the First Principles, founders, documents, and symbols of their history; and Whereas, The events that led to the signing of The Constitution of the United States of America by the delegates of the Constitutional Convention on September 17, 1787, have significance for every American and are honored in public schools across the nation on September 17 of each year as Constitution Day; and Whereas, Revolution, the rule of law, social compact, equality, unalienable rights, and limited government are the First Principles upon which America was founded and flourishes; and Whereas, Exceptional, visionary, and indispensable Americans such as Thomas Paine, Patrick Henry, John Adams, John Marshall, George Washington, Abraham Lincoln, Frederick Douglass, Martin Luther King, Jr., Elizabeth Cady Stanton, Susan B. Anthony, Thomas Jefferson, and James Madison founded and advanced the United States of America; and Whereas, The Declaration of Independence, the Constitution and the congressional resolution forwarding the Constitution to the states, Marbury v. Madison, the Seneca Falls Declaration of Sentiments and Resolutions, the Gettysburg Address, the Emancipation Proclamation, and the “I Have a Dream” speech are key documents that embody America’s First Principles and have advanced American liberty; and Whereas, The Bennington Flag, original Betsy Ross American flag, current American Flag, Suffragist Flag, Fort Sumter Flag, Gadsden Flag, United States Honor Flag, and flag of the state of Michigan are fundamental physical symbols of American history and freedom that should be studied and remembered by each American citizen; and Whereas, We recognize that each generation needs to renew the spirit of America based on America’s First Principles, historical figures, founding documents, and symbols of America; and Whereas, The citizens, schools and other educational institutions, government agencies, municipalities, and nonprofit, religious, labor, community, and business organizations are urged to recognize and participate in Patriot Week so that all may offer the reverence that is due to our free republic; now, therefore, be it Resolved by the Senate, That we hereby commemorate September 11-17, 2016, as Michigan Patriot Week, which symbolically begins on September 11 and concludes on September 17, Constitution Day. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Emmons, Green, Hansen, Knollenberg, MacGregor, Marleau, Pavlov, Proos, Rocca, Warren and Zorn were named co‑sponsors of the resolution. 1522 JOURNAL OF THE SENATE [September 8, 2016] [No. 63 Senator O’Brien asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator O’Brien’s statement is as follows: I wanted to speak briefly to the resolution which is before us—September 11-17 is known as Patriot Week—and the resolution establishes Michigan Patriot Week. The start of Patriot Week is September 11. It is meant to recognize September 11, 2001, when over 3,000 people lost their lives in New York City and Washington, D.C. There are countless more people who include their family members who, today, still mourn. The end of Patriot Week is September 17, which is known as Constitution Day—the anniversary of signing the Constitution of our Founding Fathers. This week is meant to be a celebration of the American spirit, but to also recognize the brave men and women who have defended our country, both here within our borders and abroad. This is a time of education, of learning, and appreciating the sacrifices of the people who have come before us, and recognizing the strength of our great nation. Throughout our history we’ve seen examples of ordinary men and women who have come together to do extraordinary things. They’ve overthrown tyranny, established a new nation, freed people from slavery, fought for the right to vote and fought for civil rights. And there is still more to do, but based on our past history we know that our great nation can continue to be great. So this resolution is meant to honor those who have come before us, and those of us who have positions in power. We have this unique opportunity to lead our great state. I hope that everyone will support this resolution and encourage the great American spirit so that we may continue to recognize all who have come before us and the great things they have done, and also challenge ourselves to continue to carry that mantle, and continue to do great things in the future. enator Casperson offered the following resolution: S Senate Resolution No. 197. A resolution to recognize Dickinson County Healthcare System for its dedicated efforts to improve the quality of health care and patient safety. Whereas, Dickinson County Healthcare System (DCHS), located in Iron Mountain, is a nonprofit Community Hospital that provides healthcare to the Central Upper Peninsula Region of Michigan; and Whereas, In 2016, DCHS has been recognized for four prestigious awards that are a testament to the top quality health care provided by this facility; and Whereas, Becker’s Hospital Review ranks DCHS in the top 100 Great Community Hospitals in the nation. A comparison group of all hospitals nationwide with 550 beds or less, not including teaching hospitals or critical access hospitals; and Whereas, iVantage Analytics ranks DCHS in the top 100 Rural and Community Hospitals, and scored in the top 100 of Rural and Community Hospitals on iVantage’s Hospital Strength Index, which is the industry’s most comprehensive rating of rural and critical access hospitals; and Whereas, DCHS again earned a Leapfrog Hospital Safety Score of “A” for the spring of 2016, and is one of only 26 hospitals in the state of Michigan to receive an “A” rating for this spring reporting period and as a result DCHS has now earned an “A” rating from the Leapfrog Group for 8 consecutive six-month reporting periods over the past 4 years; and Whereas, Healthgrades awarded DCHS a 2016 Patient Safety Excellence Award for the second consecutive year, and named DCHS among the top 5 percent in the nation for patient safety for 2016; and Whereas, DCHS is a valuable asset to the Central Upper Peninsula and is an excellent representative for the entire state of Michigan healthcare system; now, therefore be it, Resolved by the Senate, That we hereby recognize and commend DCHS for its efforts to create a superior standard of healthcare for the protection of its patients and community, to provide piece of mind to a region that it is an entity that is committed to exceeding the established standards of patient safety and will continue to strive for excellence within its market; and be it further Resolved, That a copy of this resolution be transmitted to Dickinson County Board of Commissioners, Iron Mountain Daily News, WJMN-TV, and WLUC-TV as evidence of our esteem. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Emmons, Green, Hansen, Marleau, Proos and Zorn were named co‑sponsors of the resolution. No. 63] [September 8, 2016] JOURNAL OF THE SENATE 1523 enator Proos offered the following resolution: S Senate Resolution No. 198. A resolution to declare support for protecting Michigan’s heroes and denounce those individuals who target attacks against law enforcement officers. Whereas, Law enforcement officers are the guardians of the rights and freedoms of the American people as embodied in the founding principles of our nation; and Whereas, The rule of law, social compact, equality, unalienable rights, and limited government are the first principles upon which America was founded and flourishes. The Legislature recognizes that America’s first principles are indispensable to the survival of our republic as a free people; and Whereas, The Declaration of Independence, the U.S. Constitution, the congressional resolution forwarding the Constitution to the states, Marbury v. Madison, the Seneca Falls Declaration of Sentiments and Resolutions, the Gettysburg Address, the Emancipation Proclamation, and the “I Have a Dream” speech are key documents that embody America’s first principles and have advanced American liberty; and Whereas, The Bennington Flag, original Betsy Ross American Flag, current American Flag, Suffragist Flag, Fort Sumter Flag, Gadsden Flag, United States Honor Flag, and Flag of the State of Michigan are fundamental physical symbols of American history and freedom and a daily reminder of our nation’s first principles; and Whereas, Exceptional, visionary, and indispensable Americans, such as Thomas Paine, Patrick Henry, John Adams, John Marshall, George Washington, Abraham Lincoln, Frederick Douglass, Martin Luther King, Jr., Elizabeth Cady Stanton, Susan B. Anthony, Thomas Jefferson, and James Madison, founded and advanced the United States of America, articulating and defending our first principles; and Whereas, Law enforcement officers are charged with the day-to-day enforcement of the constitutional, legal, and social structures that have grown from our first principles to ensure the protection of our freedoms. Each day, law enforcement officers risk making the ultimate sacrifice in order to uphold justice and protect our communities. In situations in which our first principles are challenged, such as the attack on the World Trade Center on 9/11, law enforcement officers are on the front line. Despite the substantial risks they face each and every day, law enforcement officers in Michigan and throughout the United States choose to serve, protect, and safeguard our lives and property; and Whereas, The contemptible actions of a few have resulted in negativity being directed toward their fellow law enforcement officers and have contributed to an erosion of respect for the authority of these officers throughout our country. In the United States, 123 law enforcement officers were killed in the line of duty in 2015. There were 15,725 assaults against law enforcement officers in 2014, resulting in 13,824 injuries. There are over 17,000 sworn law enforcement officers now serving in the state of Michigan. We have lost three law enforcement officers in the line of duty in 2016; and Whereas, Law enforcement officers in a number of states have been targeted solely because of their profession. Recent attacks on police officers in Berrien County as well as Dallas, Texas, and Baton Rouge, Louisiana, highlight the dangers police officers face in the line of duty; and Whereas, These crimes against law enforcement officers should be treated accordingly under the law. It is in the public interest that we promote awareness of and respect for the job our public safety officers perform each day. Protecting Michigan’s heroes ensures that our rights and freedoms are protected; now, therefore, be it Resolved by the Senate, That we declare support for protecting Michigan’s heroes and denounce those individuals who target attacks against law enforcement officers; and be it further Resolved, That copies of this resolution be transmitted to the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Emmons, Green, Hansen, Knollenberg, MacGregor, Marleau, O’Brien, Pavlov, Rocca, Warren and Zorn were named co‑sponsors of the resolution. Senator Proos asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Proos’ statement is as follows: I would ask my colleagues to take a moment with me today to rise in offering this resolution, specifically because of the Michigan and American heroes which we have in our nation, who put themselves in harms’ way every day to safeguard our families and our communities. Fifteen years ago as we know, September 11 saw one of the greatest loss of life in American history—New York, Washington, D.C., and Pennsylvania. It is a tragedy which did, in fact, unite us as Americans. 1524 JOURNAL OF THE SENATE [September 8, 2016] [No. 63 I believe that it is a testament to our nation and our nation’s resolve that when attacked we came together as a stronger nation dedicated to the ideals of freedom and liberty which make us so strong. 9/11 illustrates that freedom, the fact that it is not free; it reminds us that our great country has a great way of life worth defending. Our firefighters, police officers, EMS, brave soldiers, sailors and airmen put on a uniform every day to keep our nation safe, and to keep our communities safe. Our nation has had a lot of challenges this last summer, a challenge which certainly has impacted each and every one of us in our communities. We appreciate law enforcement, and law enforcement must be held to the same high standards which we expect of the gentleman which stand beside me today. I believe it is important that the overwhelming majority of them meet and exceed our high expectations. We hold those accountable who do not. As some may remember, July 11 was also a day in Berrien County in our Southwest corner of Michigan which was rocked with the tragic killing of two of the bailiffs in our courthouse. An inmate in handcuffs wrestled away a deputy’s gun, was able to gain possession of that firearm, and then ultimately used that weapon to kill two bailiffs who had served so well. The bailiffs killed that afternoon were Joseph Zangaro, a retired Michigan State Police Lieutenant and Chief Bailiff for 13 years. Also killed was Ron Kienzle, a United States Army veteran and a retired Benton Township Police Department officer, who had worked as a Berrien County bailiff for 10 years. Both left behind friends, neighbors, co-workers and lives that were shattered and will never again be the same. Our thoughts and prayers certainly do remain with them and their families. We are truly blessed, as each of you are in your districts, to have amazing and selfless officers who serve and protect us. May God speed them home and may God bless the men and women who serve our nation in uniform. Today I am joined by Sheriff Paul Bailey and Courthouse Chaplain Deputy Brian Hall, representing the citizens of Berrien County, the families of our fallen heroes, and, in fact, the memories of Joseph Zangoar and Ron Kienzel. Madame President, I would like to ask for a moment of silence at the end of this statement to honor the men and women who serve our state and our nation in uniform and for the brave first responders as we commemorate the memories of those two bailiffs in Berrien County here on this anniversary of 9/11. enate Concurrent Resolution No. 19. S A concurrent resolution to approve the release of money from the Roads Innovation Fund for deposit into the Michigan Transportation Fund, as provided by section 1j(5) of 1951 PA 51. The question being on the adoption of the concurrent resolution, The resolution was adopted, a majority of the members serving voting therefor, as follows: Roll Call No. 495 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 In The Chair: President Not Voting—0 No. 63] [September 8, 2016] JOURNAL OF THE SENATE 1525 Senator Kowall moved that rule 3.902 be suspended to allow the guest of Senator Brandenburg admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:38 a.m. 10:45 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that the Committee on Judiciary be discharged from further consideration of the following bills: House Bill No. 4209, entitled A bill to license and regulate medical marihuana growers, processors, provisioning centers, secure transporters, and safety compliance facilities; to provide for the powers and duties of certain state and local governmental officers and entities; to create a medical marihuana licensing board; to create an advisory panel; to provide immunity from prosecution for marihuana-related offenses for persons engaging in marihuana-related activities in compliance with this act; to prescribe civil fines and sanctions and provide remedies; to provide for taxes, fees, and assessments; to make an appropriation; and to require the promulgation of rules. House Bill No. 4827, entitled A bill to establish a system to track marihuana and marihuana products in commercial trade; to monitor compliance with laws authorizing commercial traffic in medical marihuana; to identify threats to health from particular batches of marihuana or medical marihuana; to require persons engaged in commercial trade to submit certain information for entry into the system; to provide the powers and duties of certain state departments and agencies; and to provide for sanctions. Senate Bill No. 141, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13n of chapter XVII (MCL 777.13n), as amended by 2014 PA 279. Senate Bill No. 1014, entitled A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 7 (MCL 24.207), as amended by 2011 PA 52. House Bill No. 4210, entitled A bill to amend 2008 IL 1, entitled “Michigan medical marihuana act,” by amending sections 3, 4, 6, and 7 (MCL 333.26423, 333.26424, 333.26426, and 333.26427), sections 3 and 4 as amended by 2012 PA 512 and section 6 as amended by 2012 PA 514, and by adding sections 4a and 4b. The motion prevailed, a majority of the members serving voting therefor, and the bills were placed on the order of General Orders. Senator Kowall moved that the rules be suspended and that the following bills, now on the order of General Orders, be placed on the General Orders calendar for consideration today: House Bill No. 4209 House Bill No. 4827 Senate Bill No. 141 Senate Bill No. 1014 House Bill No. 4210 The motion prevailed, a majority of the members serving voting therefor. 1526 JOURNAL OF THE SENATE [September 8, 2016] [No. 63 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:54 a.m. 11:12 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Hopgood as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill: Senate Bill No. 1014, entitled A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 7 (MCL 24.207), as amended by 2011 PA 52. The bill was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4209, entitled A bill to license and regulate medical marihuana growers, processors, provisioning centers, secure transporters, and safety compliance facilities; to provide for the powers and duties of certain state and local governmental officers and entities; to create a medical marihuana licensing board; to create an advisory panel; to provide immunity from prosecution for marihuana-related offenses for persons engaging in marihuana-related activities in compliance with this act; to prescribe civil fines and sanctions and provide remedies; to provide for taxes, fees, and assessments; to make an appropriation; and to require the promulgation of rules. Substitute (S-6). The following are the amendments to the substitute recommended by the Committee of the Whole: 1. Amend page 56, line 7, after “30,” by striking out “2018” and inserting “2017”. 2. Amend page 56, line 9, after “1,” by striking out “2018” and inserting “2017”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4827, entitled A bill to establish a system to track marihuana and marihuana products in commercial trade; to monitor compliance with laws authorizing commercial traffic in medical marihuana; to identify threats to health from particular batches of marihuana or medical marihuana; to require persons engaged in commercial trade to submit certain information for entry into the system; to provide the powers and duties of certain state departments and agencies; and to provide for sanctions. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill: Senate Bill No. 141, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13n of chapter XVII (MCL 777.13n), as amended by 2014 PA 279. The following is the amendment recommended by the Committee of the Whole: 1. Amend page 4, line 2, after “unless” by striking out the balance of the line and inserting “House Bill No. 4210”. The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. No. 63] [September 8, 2016] JOURNAL OF THE SENATE 1527 The Committee of the Whole reported back to the Senate, favorably and with amendments, the following bill: House Bill No. 4210, entitled A bill to amend 2008 IL 1, entitled “Michigan medical marihuana act,” by amending sections 3, 4, 6, and 7 (MCL 333.26423, 333.26424, 333.26426, and 333.26427), sections 3 and 4 as amended by 2012 PA 512 and section 6 as amended by 2012 PA 514, and by adding sections 4a and 4b. The following are the amendments recommended by the Committee of the Whole: 1. Amend page 1, following “THE PEOPLE OF THE STATE OF MICHIGAN ENACT:” by inserting: “TITLE An initiation of Legislation to allow under state law the medical use of marihuana; to provide protections for the medical use of marihuana; to provide for a system of registry identification cards for qualifying patients and primary caregivers; to impose a fee for registry application and renewal; TO MAKE AN APPROPRIATION; to provide for the promulgation of rules; to provide for the administration of this act; to provide for enforcement of this act; to provide for affirmative defenses; and to provide for penalties for violations of this act.”. 2. Amend page 4, following line 14, by inserting: “(G) “MARIHUANA PLANT” MEANS ANY PLANT OF THE SPECIES CANNABIS SATIVA L.” and relettering the remaining subdivisions. 3. Amend page 4, following line 26, by inserting: “(J) “PLANT” MEANS ANY LIVING ORGANISM THAT PRODUCES ITS OWN FOOD THROUGH PHOTOSYNTHESIS AND HAS OBSERVABLE ROOT FORMATION OR IS IN GROWTH MATERIAL.” and relettering the remaining subdivisions. 4. Amend page 19, line 14, after “program.” by inserting “FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2016, $8,500,000.00 IS APPROPRIATED FROM THE MARIHUANA REGISTRY FUND TO THE DEPARTMENT FOR ITS INITIAL COSTS OF IMPLEMENTING THE MEDICAL MARIHUANA FACILITIES LICENSING ACT AND THE MARIHUANA TRACKING ACT.”. 5. Amend page 20, line 11, after “EXTRACTION” by striking out the balance of the line and inserting “IN ANY PUBLIC PLACE OR MOTOR VEHICLE, OR INSIDE OR WITHIN THE CURTILAGE OF ANY RESIDENTIAL STRUCTURE. (7) SEPARATE PLANT RESIN FROM A MARIHUANA PLANT BY BUTANE EXTRACTION IN A MANNER THAT DEMONSTRATES A FAILURE TO EXERCISE REASONABLE CARE OR RECKLESS DISREGARD FOR THE SAFETY OF OTHERS.”. 6. Amend page 21, line 22, after “offense.” by inserting “Retroactive application of this amendatory act does not create a cause of action against a law enforcement officer or any other state or local governmental officer, employee, department, or agency that enforced this act under a good-faith interpretation of its provisions at the time of enforcement.”. The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: House Bill No. 4209 House Bill No. 4827 Senate Bill No. 141 Senate Bill No. 1014 House Bill No. 4210 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: House Bill No. 4209, entitled A bill to license and regulate medical marihuana growers, processors, provisioning centers, secure transporters, and safety compliance facilities; to provide for the powers and duties of certain state and local governmental officers and entities; to create a medical marihuana licensing board; to provide for interaction with the statewide monitoring system for commercial marihuana transactions; to create an advisory panel; to provide immunity from prosecution for marihuanarelated offenses for persons engaging in marihuana-related activities in compliance with this act; to prescribe civil fines and sanctions and provide remedies; to provide for forfeiture of contraband; to provide for taxes, fees, and assessments; and to require the promulgation of rules. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1528 Roll Call No. 496 JOURNAL OF THE SENATE [September 8, 2016] [No. 63 Yeas—25 Ananich Hertel Knezek O’Brien Bieda Hildenbrand Knollenberg Schmidt Brandenburg Hood Kowall Shirkey Emmons Hopgood MacGregor Stamas Green Johnson Meekhof Warren Gregory Jones Nofs Young Hansen Nays—12 Booher Horn Casperson Hune Colbeck Marleau Pavlov Rocca Proos Schuitmaker Robertson Zorn Excused—0 Not Voting—0 In The Chair: President enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. Protests Senators Colbeck, Horn and Schuitmaker, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 4209. Senators Colbeck and Horn moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.” The motion prevailed. Senator Colbeck’s statement is as follows: I personally think this is a very sad day for all of our constituents to even have this legislation brought up before us. We have a perfectly good law in place which provides clear guidelines for care receivers, growers, and for our law enforcement community. Sadly, some communities have chosen just simply not to enforce these laws. The legislation before us will go well beyond the constraints which were put together in the people’s legislative initiative to institute what we currently call our Medical Marihuana legislation in the state. Now they are going to go off and institute essentially what is a three-tier regulatory infrastructure similar to what we already have for alcohol. There is a lot of money at stake for a lot of the players involved in this—a lot of money at stake for the wholesalers, the distributors, and the retailers. There is a lot of money which has been donated to lawmakers to assist them in their decision-making. In the end all of us, our whole state, are going to be faced with the societal bill for the impact of this legislation, as well as a financial bill for what turns into a redundant regulatory infrastructure. Controlled substances are already regulated by the federal government via something called a pharmacy. We already have a dispensary system for that. If the proliferation of Marihuana is not harmful as advocates assert, then why don’t we get the federal government to get engaged on this, and treat it as a controlled substance regulated through the pharmacy system? Bottom line is we are creating a new infrastructure to go off from and accommodate an expansion of the terms which were put forth in the people’s initiative for Medical Marihuana. No. 63] [September 8, 2016] JOURNAL OF THE SENATE 1529 I sat through the Judiciary committee hearings on this legislation. I’ve heard all of the testimony back and forth. The majority of the folks in that Judiciary committee oppose this legislation. That is why it was discharged today for your consideration. So the folks who heard the most about what was going on with this particular policy issue said, “No way, don’t do it.” Yet, here we are. We are considering it anyway. Now make no mistake that the end game of this legislation, with all of its societal ills, eventually is the full legalization of Marihuana in our state. That is the end game. So our good colleague from the 1st District with his constant pleas to free the weed, he should be very happy with this legislation because it moves significantly toward that end game. Now, I personally have friends in Colorado where they have this full legalization. I’ve seen what those societal impacts are. I have friends who have had their families broken apart due to the expansion of use of Marihuana in their families. I’ve also seen how neighboring states to Colorado have been filing lawsuits because people tend to transfer the products which are delivered and sold in Colorado to the neighboring states. I don’t want Michigan to be subject to any of those lawsuits. Now we have a regulatory environment through these bills to go off and prevent that, but please keep in mind what the end game is on this. You guys, this isn’t the legacy which I want to leave for the citizens of Michigan. I hope you share those concerns. I truly urge a “no” vote, not only for the sake of our citizens today, but also for those yet to be born who will have to deal with the short-sighted policy before us. enator Horn’s statement is as follows: S Mr. President, I was assigned a task in my final days in the house with my colleague, Phil Cavanaugh from Detroit to deal with reform for the Medical Marihuana Act. I have two regrets from that time; that we did not have time to deal with dispensaries, and that we didn’t have time to deal with extracts, referred sometimes as medibles. The problem that we are facing today is that the caregivers who are assigned to grow 12 plants per patient up to 72 plants, including themselves, are left out of this package of bills. If the caregivers are causing problems to this Medical Marihuana Act, this package of bills certainly doesn’t address those problems and the problems that they are facing are not addressed by this package of bills. Those problems include what we referred to back then as “The Original Sin”. If you are a caregiver and growing marihuana, where do you get your seed? Where do you get a clean productive seed that is free from mold and toxins? The problem that caregivers still face today are the issues of transportation. If you are going to have a dispensary to give easier access to patients that need this product, then we certainly are not doing that for those that grow less than 100 plants. The testing can never happen because we cannot take them to the dispensaries that we are creating today. There is always the problem of excess, and that’s really where the crux of this lies. These growers are growing excess plants, excess product for the patients that they have, that they have no way to use up. The legislation that we are considering today is creating a highly bureaucratic, I say more than a 3-tier, I say more than a 5-tier system that will require a regulation from the other side a profit margin for each of those 5 steps inside of that including the testing. This fails to address the problem other than to say, “You cannot participate as a grower or caregiver if you grow the amount of marihuana prescribed by Michigan’s Constitution. You must grow 500 to 1,000 to 1,500 plants to have access to transportation, testing and access to buyers who are not your patients”. The 37,000 plus caregivers that we have today, protected by the constitution do not have access to this unless they decide to receive a license and grow the bigger grow. We are telling our folks that we are going to try and put you out of business if you grow less than a 100 plants, but if you grow 500, 1,000, 1,500 - now you can participate in our system and then we can solve your problems for you. I’m thinking that more bureaucracies that you place on this, the higher the cost burden to the business side of this you create, the more the caregivers are going to be needed. The caregivers by law right now cannot make a profit on the product that they grow. They can only retain some of the cost of that growing. The state of Michigan, by Constitution, cannot tax that caregiver. Part of that is why we are creating this big bureaucratic system so that we can regulate like we do alcohol and we can tax and this helps us set up for the day when we are dealing with recreational marihuana. I’d like to say to my colleague’s, as Michigan starts down this path of bigger government, 5-tiers of expected profittaking, and volume of pot that exceeds today’s current patient’s needs, please remember that caregivers and patients are the only two classes protected by our Constitution and only for state law. They are the people we are leaving out of this package of bills. Senator Jones asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Jones’ statement is as follows: To say that this package of bills is free the weed is total nonsense. This is about medical marijuana. I am a former sheriff, I do not support recreational marijuana, will never support that. However, the voters of this state have created a system of medical marijuana. It is flawed. 1530 JOURNAL OF THE SENATE [September 8, 2016] [No. 63 These are not the main package, are not my bills, but I put thousands of hours trying to refine these. The Michigan State Police have been consulted, the Sheriff’s Association, the Chiefs of Police, the Prosecutors Association, the associations that represent the cities, townships, and counties, and they are all crying for help. For clarification. What we have now is totally out of control like the Wild Wild West. We have perhaps 70 to 80 dispensaries right here in the capital city. Caregivers are growing excessive amounts of Marihuana, they are putting it in their trunks and smuggling it to these dispensaries, it’s totally illegal. But the city governments of several of our cities in Michigan have decided they don’t care. So it’s up to us to act, it’s up to us to bring clarity to this and safety. Safety for the patients. Right now, if you have cancer your immune system has been compromised from your treatment and you go to buy this product you have no idea what you are getting; it could have mold on it, it could have bug spray on it. Many places do not test the product. I learned from Canada that they have edible forms that they are giving to children that have horrible seizures, perhaps as many as 50 in a month. But by using a slight edible product with almost no THC in it but the cannabinoids they are able to get it down to 2 or 3. I believe there are medical needs for this. I support the package and I urge your vote. Thank you. The following bill was read a third time: House Bill No. 4827, entitled A bill to establish a statewide monitoring system to track marihuana and marihuana products in commercial trade; to monitor compliance with laws authorizing commercial traffic in medical marihuana; to identify threats to health from particular batches of marihuana or medical marihuana; to require persons engaged in commercial marihuana trade to submit certain information for entry into the system; to provide the powers and duties of certain state departments and agencies; to provide for remedies; and to provide for the promulgation of rules. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 497 Yeas—27 Ananich Hansen Jones O’Brien Bieda Hertel Knezek Schmidt Booher Hildenbrand Knollenberg Shirkey Brandenburg Hood Kowall Stamas Emmons Hopgood MacGregor Warren Green Hune Meekhof Young Gregory Johnson Nofs Nays—10 Casperson Marleau Robertson Schuitmaker Colbeck Pavlov Rocca Zorn Horn Proos Excused—0 Not Voting—0 In The Chair: President enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. No. 63] [September 8, 2016] JOURNAL OF THE SENATE 1531 The following bill was read a third time: Senate Bill No. 141, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13n of chapter XVII (MCL 777.13n), as amended by 2014 PA 279. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 498 Yeas—26 Ananich Hertel Knezek O’Brien Bieda Hildenbrand Knollenberg Schmidt Brandenburg Hood Kowall Shirkey Emmons Hopgood MacGregor Stamas Green Hune Meekhof Warren Gregory Johnson Nofs Young Hansen Jones Nays—11 Booher Horn Proos Schuitmaker Casperson Marleau Robertson Zorn Colbeck Pavlov Rocca Excused—0 Not Voting—0 In The Chair: President enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1014, entitled A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 7 (MCL 24.207), as amended by 2011 PA 52. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 499 Yeas—26 Ananich Hertel Knezek O’Brien Bieda Hildenbrand Knollenberg Schmidt Brandenburg Hood Kowall Shirkey Emmons Hopgood MacGregor Stamas Green Hune Meekhof Warren Gregory Johnson Nofs Young Hansen Jones 1532 JOURNAL OF THE SENATE [September 8, 2016] [No. 63 Nays—11 Booher Horn Proos Schuitmaker Casperson Marleau Robertson Zorn Colbeck Pavlov Rocca Excused—0 Not Voting—0 In The Chair: President enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4210, entitled A bill to amend 2008 IL 1, entitled “Michigan medical marihuana act,” by amending sections 3, 4, 6, and 7 (MCL 333.26423, 333.26424, 333.26426, and 333.26427), sections 3 and 4 as amended by 2012 PA 512 and section 6 as amended by 2012 PA 514, and by adding sections 4a and 4b. The question being on the passage of the bill, The bill was passed, 3/4 of the members serving voting therefor, as follows: Roll Call No. 500 Ananich Bieda Brandenburg Emmons Green Gregory Hansen Yeas—28 Hertel Jones O’Brien Hildenbrand Knezek Proos Hood Knollenberg Schmidt Hopgood Kowall Shirkey Horn MacGregor Stamas Hune Meekhof Warren Johnson Nofs Young Nays—9 Booher Marleau Robertson Schuitmaker Casperson Pavlov Rocca Zorn Colbeck Excused—0 In The Chair: President Not Voting—0 No. 63] [September 8, 2016] JOURNAL OF THE SENATE 1533 enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An initiation of Legislation to allow under state law the medical use of marihuana; to provide protections for the medical use of marihuana; to provide for a system of registry identification cards for qualifying patients and primary caregivers; to impose a fee for registry application and renewal; to provide for the promulgation of rules; to provide for the administration of this act; to provide for enforcement of this act; to provide for affirmative defenses; and to provide for penalties for violations of this act,”. The Senate agreed to the full title. Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage: House Bill No. 5275 House Bill No. 5291 The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 884 House Bill No. 4022 Senate Bill No. 1009 House Bill No. 5283 Senate Bill No. 986 Senate Bill No. 962 House Bill No. 5429 House Bill No. 5649 House Bill No. 5650 Senate Bill No. 1019 House Bill No. 5275 House Bill No. 5291 The motion prevailed. The following bill was read a third time: Senate Bill No. 884, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 109 (MCL 400.109), as amended by 2012 PA 48. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 501 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 1534 JOURNAL OF THE SENATE [September 8, 2016] [No. 63 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4022, entitled A bill to provide for certain powers and duties for foster care caseworkers; to require monitoring of credit-related activity in foster children’s names; and to provide for the powers and duties for certain courts, state departments, and agencies. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 502 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1009, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78q (MCL 211.78q), as added by 2014 PA 499. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 63] [September 8, 2016] JOURNAL OF THE SENATE Roll Call No. 503 1535 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5283, entitled A bill to amend 1995 PA 29, entitled “Uniform unclaimed property act,” by amending sections 2 and 36 (MCL 567.222 and 567.256), section 2 as amended by 2015 PA 242, and by adding section 36a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 504 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 In The Chair: President Not Voting—0 1536 JOURNAL OF THE SENATE [September 8, 2016] [No. 63 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act concerning unclaimed property; to provide for the reporting and disposition of unclaimed property; to make uniform the law concerning unclaimed property; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 986, entitled A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” by amending sections 653 and 655 (MCL 550.1653 and 550.1655), as added by 2013 PA 4. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 505 Yeas—36 Ananich Hansen Knezek Proos Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Rocca Brandenburg Hood MacGregor Schmidt Casperson Hopgood Marleau Schuitmaker Colbeck Horn Meekhof Shirkey Emmons Hune Nofs Stamas Green Johnson O’Brien Warren Gregory Jones Pavlov Young Nays—1 Zorn Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 962, entitled A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 5, 44, 45, and 45a (MCL 24.205, 24.244, 24.245, and 24.245a), section 5 as amended by 2006 PA 460, section 44 as amended by 2004 PA 23, section 45 as amended by 2013 PA 200, and section 45a as amended by 2011 PA 245, and by adding section 45c. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 63] [September 8, 2016] JOURNAL OF THE SENATE Roll Call No. 506 1537 Yeas—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Nays—11 Ananich Hertel Johnson Warren Bieda Hood Knezek Young Gregory Hopgood Rocca Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The President pro tempore, Senator Schuitmaker, resumed the Chair. The following bill was read a third time: House Bill No. 5429, entitled A bill to amend 1998 PA 362, entitled “Michigan marina and boatyard storage lien act,” by amending sections 2, 3, 4, 5, and 6 (MCL 570.372, 570.373, 570.374, 570.375, and 570.376). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 507 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 1538 JOURNAL OF THE SENATE [September 8, 2016] [No. 63 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for certain liens on certain marine property repair, service, or storage in marinas, boatyards, and marine repair facilities; to provide for the sale of certain property subject to a lien; to provide for the liability of certain persons; to provide for powers and duties of certain state departments; and to provide for the enforcement of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5649, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7403 (MCL 333.7403), as amended by 2015 PA 220. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 508 Yeas—30 Ananich Hood Kowall Rocca Bieda Hopgood MacGregor Schmidt Booher Horn Marleau Schuitmaker Brandenburg Hune Meekhof Stamas Gregory Johnson O’Brien Warren Hansen Jones Proos Young Hertel Knezek Robertson Zorn Hildenbrand Knollenberg Nays—7 Casperson Emmons Nofs Shirkey Colbeck Green Pavlov Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, No. 63] [September 8, 2016] JOURNAL OF THE SENATE 1539 administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5650, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7404 (MCL 333.7404), as amended by 2015 PA 220. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 509 Yeas—30 Ananich Hood Kowall Rocca Bieda Hopgood MacGregor Schmidt Booher Horn Marleau Schuitmaker Brandenburg Hune Meekhof Stamas Gregory Johnson O’Brien Warren Hansen Jones Proos Young Hertel Knezek Robertson Zorn Hildenbrand Knollenberg Nays—7 Casperson Emmons Nofs Shirkey Colbeck Green Pavlov Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; 1540 JOURNAL OF THE SENATE [September 8, 2016] [No. 63 to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. Protest Senator Colbeck, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of House Bill No. 5649 and 5650 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.” The motion prevailed. Senator Colbeck’s statements is as follows: My colleagues I want to make sure you understand what’s in this bill. I want to make sure you make no mistake, with the understanding that a yes vote is actually leading to a defacto legalization of illegal drug use. It is not a laughing matter. You know previous legislation on this had a cap on it; an age limit of 21 years old. Where somebody experimenting with drugs with their buddy or whatever, they go to a party and it’s a bad deal and they took too much drugs and actually went to the hospital to go off and get treated on it. There was kind of this idea that they get a get out of jail free card when they are experimenting. I actually supported legislation like this that came up there. But what this bill does is remove the cap out of the get out of jail free cards. Now I pose this legislation and committee and do now because of the age limit removal. That age limit removal, make no mistake, results in a defacto legalization of illegal drug use. All you have to do is make sure you take enough drugs, or the person that you’re with at a party, that you are going to go off and identify as taking too many drugs. All you have to do is take enough of the drugs to get hospitalized and be in an emergency condition. And if you keep on doing that you are going to keep on getting these get out of jail free cards. At what point does grace, giving grace, become enablement? Now in committee I sought ways to go off and implement a cap on the number of get out of jail free cards that someone would get, but it was clear from the testimony that any provision that would implement such a cap would actually violate the intent of the bill. So we are left with a bill that results in the defacto legalization of illegal drug use. Now if you believe as I do that the use of drugs, especially harmful drugs, drugs that we consider illegal until now; if you believe that the use of drugs should be discouraged not enabled, not promoted, then I urge a no vote on this legislation. The following bill was read a third time: Senate Bill No. 1019, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17210 and 17708 (MCL 333.17210 and 333.17708), section 17708 as amended by 2016 PA 49. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 510 Yeas—22 Ananich Hildenbrand MacGregor Proos Booher Hood Marleau Schmidt Casperson Johnson Meekhof Shirkey Emmons Knezek Nofs Stamas Green Knollenberg Pavlov Warren Hertel Kowall No. 63] [September 8, 2016] JOURNAL OF THE SENATE 1541 Nays—15 Bieda Hansen Brandenburg Hopgood Colbeck Horn Gregory Hune Jones Schuitmaker O’Brien Young Robertson Zorn Rocca Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. Protests Senators Colbeck and Horn, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 1019 and moved that the statements they made during the discussion of the bill be printed as their reasons for voting “no.” The motion prevailed. Senator Colbeck’s statement is as follows: Well, continuing today’s theme of bad legislation for our citizens, let’s put up Senate Bill 1019. This is my “No” vote explanation. There are many concerning trends in health care today. There’s a trend in health care to replace medical doctors with PAs or RNs. There’s a trend to replace RNs with medical assistants or technicians. Patients are consistently being asked to settle for medical professionals with less training than otherwise provided in today’s statute and today’s service standards. A lot of people, and this is most concerning, a lot of people that I’ve talked to, a lot of seniors in particular, have started accepting that good enough is good enough. I’ve seen people that I respect highly that are getting up to the age where they’re being told to accept substandard treatment and they’re okay with it because they figure they have just a few more years left. Let’s just free up some resources for somebody else. I never would have thought I would hear something like that from people as often as I’ve been hearing it. What the ACA, the Affordable Care Act also known as Obamacare, has done is essentially dumbed down our standards for good quality health care. I’m sorry, good enough is not good enough. We should demand the best for each and every one of us. When you’re sitting on an operating table, when you’re sitting there visiting your cardiologist, when you’re sitting there with a heart condition, you should be able to have access to the best medical professional available to service you — somebody with the best training that they have out there as well. So the ACA has already done damage to our health care industry by accelerating premiums, premium increases. It’s eliminated choice and it’s also lead to rationing of care for our seniors in the Medicare Program in particular. Enough is enough. I’ve no doubt that CNAs will provide very effective services for most cases. I’m not talking about most cases, I’m talking about the cases when you want to make sure that somebody that has seen problems happen and knows how to resolve them quickly. Keep in mind what a CNA does — they bring a patient near death, and then they revive them again. Every one of us is different. We all have complications. The human body is one of the most complex systems you ever want to try to figure out how it works. I should know as an engineer. We don’t know everything that goes on with the human body but we need to have people that have been trained to deal with as many different circumstances as possible. The passage of this bill dilutes that ability for most of our patients. This bill, and you’re hearing discussions from advocates of this bill, they talk about rural markets are being pushed out and they need to have somebody to go off and deliver services in that particular community. You always want to have folks available to serve you no matter where you are in our state and I support the push for making sure we have coverage throughout the state. But the fact of the matter is that the hospitals, not the hospitals in the rural areas mind you, but hospitals in general are going to be the primary beneficiaries of this legislation, as they replace anesthesiologists 1542 JOURNAL OF THE SENATE [September 8, 2016] [No. 63 with CNAs. And so our so-called nonprofit hospitals actually have a little bit better bottom line, because now they can employ lower cost CNAs. Patients, in other words the people that we represent as citizens, are the ones who are forced to accept lower and lower standards of care. So if you’re concerned about continued decrease in the quality standards in the wake of the passage of this Affordable Care Act, if you’re concerned about the continued push for mediocrity or good enough is good enough, and if you want to make sure that our citizens have the best available services with the most training in the personnel that are delivering those services, then I urge you to join me in a “No” vote on Senate Bill 1019. enator Horn’s vote statement is as follows: S It was not my intent to get up and speak, but I do want to provide my “No” vote explanation. It’s very simple and I do appreciate the work that is being done by nurse anesthetists. I think they are very highly qualified to do a great job. They are great partners in a team effort. But, that really is the point—it is a team effort and every team needs a quarterback. If you are going to take the anesthesiologist out of the picture because we can’t afford them in rural areas and you are going to take the surgeon out of the picture as the quarterback then who is going to be that team leader? The real problem with this is that it doesn’t change the scope of practice of a nurse anesthetist. They learned what they were going to do, but it changes the employer – employee relationship. That’s all this does. It takes away a required signature by the leading surgeon or physician and so for me, unless we were dealing with the scope of practice issues with these team issues, and if you are going to take away the responsibility of leading this team from that surgeon, you should also take away the liability. A nurse anesthetist should take on that medical malpractice liability just like a surgeon would if something were to go wrong. If they want to lead the team, then by golly they ought to take the liability. With great responsibility comes strong obligation to perform and I think the nurse anesthetist’s are going to have to be very, very careful about what they ask for because the liability right now is off their shoulders, in this team effort, but they are going to ask for it back. The following bill was read a third time: House Bill No. 5275, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 72101, 72115, 81127, and 81133 (MCL 324.72101, 324.72115, 324.81127, and 324.81133), section 72101 as amended by 2014 PA 211, section 72115 as amended by 2014 PA 213, section 81127 as amended by 1998 PA 86, and section 81133 as amended by 2014 PA 147, and by adding section 72118; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 511 Yeas—28 Booher Hildenbrand MacGregor Robertson Brandenburg Horn Marleau Rocca Casperson Hune Meekhof Schmidt Colbeck Jones Nofs Schuitmaker Emmons Knezek O’Brien Shirkey Green Knollenberg Pavlov Stamas Hansen Kowall Proos Zorn Nays—9 Ananich Hertel Hopgood Warren Bieda Hood Johnson Young Gregory Excused—0 In The Chair: President Not Voting—0 No. 63] [September 8, 2016] JOURNAL OF THE SENATE 1543 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5291, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 20, 25e, 61a, 61c, 98, 99h, 99t, and 104c (MCL 388.1620, 388.1625e, 388.1661a, 388.1661c, 388.1698, 388.1699h, 388.1699t, and 388.1704c), sections 20, 25e, 61a, 98, 99h, and 104c as amended and section 99t as added by 2016 PA 249. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 512 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. 1544 JOURNAL OF THE SENATE [September 8, 2016] [No. 63 Senator Ananich asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Ananich’s statement is as follows: I stand here with a heavy heart and with obvious mixed emotions — happy to see a member of my staff go on to better things but sad to see her go. Angela Vasquez-Giroux has been my press secretary and the caucus’ press secretary for 17 months now. She’s been a valuable member of the team. You’ve obviously seen her speaking on behalf of the caucus or standing with me and other members. She’s going to go on to great things and she will missed and I’d like everyone to please send her off. Obviously I pulled what my wife calls an “Ananich” where I forgot to get the seal framed. But I’ll have that done before the end of the day and before she walks out of the building. But, why would we have it any other way? Thank you. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 92, entitled A bill to amend 1965 PA 203, entitled “Commission on law enforcement standards act,” by amending sections 1, 2, 3, 5, 6, 7, 9, 9a, 9b, 9c, 9d, 10, 11, 12, 13, and 14 (MCL 28.601, 28.602, 28.603, 28.605, 28.606, 28.607, 28.609, 28.609a, 28.609b, 28.609c, 28.609d, 28.610, 28.611, 28.612, 28.613, and 28.614), sections 1, 3, 5, 6, 7, 11, 12, and 14 as amended and sections 9a, 9b, 9c, and 9d as added by 1998 PA 237, section 2 as amended by 2013 PA 170, section 9 as amended by 2005 PA 239, and section 10 as amended by 2010 PA 67; and to repeal acts and parts of acts. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 513 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Nays—0 Excused—0 Not Voting—1 Green In The Chair: President No. 63] he T The The The [September 8, 2016] JOURNAL OF THE SENATE 1545 question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. enator Kowall moved that Senator Green be excused from the balance of today’s session. S The motion prevailed. Senate Bill No. 93, entitled A bill to amend 1982 PA 302, entitled “An act to create the Michigan justice training commission and the Michigan justice training fund; to provide the powers and duties of certain state agencies; to provide for the distribution and expenditure of funds; and to provide for the promulgation of rules,” by amending sections 1, 2, 3, 4, 5, 6, 8, and 9 (MCL 18.421, 18.422, 18.423, 18.424, 18.425, 18.426, 18.428, and 18.429), sections 1, 2, 3, 4, 5, and 6 as amended and section 9 as added by 1989 PA 158, and by adding sections 7, 8a, and 10. The House of Representatives has passed the bill and ordered that the bill be given immediate effect. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 94, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7411 (MCL 333.7411), as amended by 2013 PA 223. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 514 Yeas—36 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Gregory Jones Pavlov Young Hansen Knezek Proos Zorn Nays—0 Excused—1 Green Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. 1546 JOURNAL OF THE SENATE [September 8, 2016] [No. 63 he Senate agreed to the full title. T The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 95, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 181 (MCL 600.181), as amended by 2008 PA 545. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 96, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 11 of chapter III (MCL 763.11), as added by 2012 PA 479. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate proceeded to the order of Statements Senator Rocca stated that had he been present on September 7, when the votes were taken on the passage of the following bills, he would have voted “yea”: Senate Bill No. 727 Senate Bill No. 981 House Bill No. 5494 House Bill No. 5495 House Bill No. 5496 House Bill No. 5497 House Bill No. 5498 House Bill No. 5499 House Bill No. 5500 House Bill No. 5501 House Bill No. 5503 Senate Bill No. 995 Senate Bill No. 996 Senate Bill No. 997 Senate Bill No. 998 Senators Ananich and Kowall asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Ananich’s statement is as follows: This morning I woke up early and decided to write a statement for today, which I don’t do very often. As one of the 38 stewards of the tax payer’s money and more importantly the spokesman for my community, I wanted to take a moment to rise and address you. I think it is important to remind all of us that we are fast approaching September 24th, which is the one year anniversary of Dr. Mona courageously coming forward in the face of vocal opposition and frankly, outright attacks from members of the DEQ, DHHS and the Governor’s office to speak up and prove that the water coming out of the pipes in Flint was not safe. It is going on the 3rd year that residents, myself included, have been forced to drink this unsafe water that we No. 63] [September 8, 2016] JOURNAL OF THE SENATE 1547 all now know that members of those same departments I listed along with multiple Emergency Managers knew the water was unsafe and continued to lie to my constituents and frankly to all of us. To date, less than 50 pipes have been replaced and water quality professionals from EPA, DEQ and Virginia Tech still tell citizens in my community to only drink filtered water or bottled water. This body has appropriated millions of dollars to help address some of the problems caused by those departments, and the Emergency Mangers and for that I thank you. But there is still more to be done. As a member of the Flint Water Committee, there were obvious recommendations that arose from the testimony that would address accountability, oversight and many other issues that would make sure this doesn’t happen to my communities or the communities you represent, and I believe we should enact them. But first and foremost we have an opportunity in the short term to use our vote to be our voice. The Constitutional obligation of Advice and Consent was started yesterday with a hearing for the new DEQ Director Appointee and I believe it is our responsibility to finish it with a vote by this body. With man-made environmental issues like the oil spill in the Kalamazoo River, the issues on the base up north, the Dioxin in Washtenaw County and the Crisis in my community to name a few, we should have our voices counted and stand by our vote whether it be yes or no. The citizens of our State need to know that we will hold accountable the people that are charged with keeping them and this entire beautiful State safe. enator Kowall’s statement is as follows: S I want to thank my colleagues in the Senate, in the passage of Senate Bill No. 1019. I want to share my colleague from the 23rd District and that I will continue to work with him to meet all the needs that he was looking to put in this bill, and we will continue or work until it’s to his satisfaction. And with that I move that when the Senate adjourns today that we stand adjourned until Tuesday, September 20th at 10:00 a.m. Senator Kowall moved that when the Senate adjourns today, it stand adjourned until Tuesday, September 20, at 10:00 a.m. The motion prevailed. Committee Reports The Committee on Judiciary reported Senate Bill No. 982, entitled A bill to amend 1998 PA 434, entitled “Uniform fraudulent transfer act,” by amending the title and sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 (MCL 566.31, 566.32, 566.33, 566.34, 566.35, 566.36, 566.37, 566.38, 566.39, 566.40, 566.41, 566.42, and 566.43), section 1 as amended by 2009 PA 44 and section 8 as amended by 2000 PA 362, and by adding sections 14 and 15. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 983, entitled A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 122 (MCL 450.1122), as amended by 2001 PA 57. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. 1548 JOURNAL OF THE SENATE [September 8, 2016] [No. 63 The Committee on Judiciary reported Senate Bill No. 984, entitled A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending section 122 (MCL 450.2122), as amended by 2014 PA 557. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 985, entitled A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 24a (MCL 552.624a), as amended by 2002 PA 572. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 1028, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 83 (MCL 791.283). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 1045, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1987 (MCL 600.1987), as added by 2015 PA 231. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5273, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34 (MCL 791.234), as amended by 2010 PA 353. No. 63] [September 8, 2016] JOURNAL OF THE SENATE 1549 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5542, entitled A bill to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,” by amending section 1 (MCL 780.621), as amended by 2014 PA 463. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5543, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 18e of chapter XIIA (MCL 712A.18e), as amended by 2012 PA 527. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5544, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 451 and 462f (MCL 750.451 and 750.462f), section 451 as amended by 2014 PA 336 and section 462f as amended by 2014 PA 329. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, September 6, 2016, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Colbeck and Bieda Excused: Senator Rocca 1550 JOURNAL OF THE SENATE [September 8, 2016] [No. 63 he Committee on Appropriations reported T Senate Concurrent Resolution No. 19. A concurrent resolution to approve the release of money from the Roads Innovation Fund for deposit into the Michigan Transportation Fund, as provided by section 1j(5) of 1951 PA 51. (For text of resolution, see Senate Journal No. 104, p. 1878.) With the recommendation that the concurrent resolution be adopted. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The concurrent resolution was placed on the order of Resolutions. The Committee on Appropriations reported House Bill No. 4388, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1212 (MCL 380.1212), as amended by 2003 PA 299. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 5291, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 4, 6, 11, 11a, 11j, 11k, 11m, 15, 18, 19, 20, 20d, 20f, 20g, 21f, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25f, 25g, 26a, 26b, 26c, 31a, 31c, 31d, 31f, 32d, 32p, 35, 35a, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 55, 56, 61a, 61b, 62, 64b, 65, 67, 74, 81, 94, 94a, 98, 99h, 99s, 101, 102d, 104, 107, 147, 147a, 147c, 152a, 166, 201, 201a, 202a, 203, 206, 207a, 207b, 207c, 209, 210b, 210c, 217, 219, 220, 222, 223, 224, 225, 226, 229a, 230, 236, 236a, 236b, 236c, 237b, 238, 241, 246, 251, 252, 254, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 274c, 275, 276, 277, 278, 279, 280, 281, 282, 283, 284, 289, and 290 (MCL 388.1604, 388.1606, 388.1611, 388.1611a, 388.1611j, 388.1611k, 388.1611m, 388.1615, 388.1618, 388.1619, 388.1620, 388.1620d, 388.1620f, 388.1620g, 388.1621f, 388.1622a, 388.1622b, 388.1622d, 388.1622g, 388.1623a, 388.1624, 388.1624a, 388.1624c, 388.1625f, 388.1625g, 388.1626a, 388.1626b, 388.1626c, 388.1631a, 388.1631c, 388.1631d, 388.1631f, 388.1632d, 388.1632p, 388.1635, 388.1635a, 388.1639, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1655, 388.1656, 388.1661a, 388.1661b, 388.1662, 388.1664b, 388.1665, 388.1667, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1698, 388.1699h, 388.1699s, 388.1701, 388.1702d, 388.1704, 388.1707, 388.1747, 388.1747a, 388.1747c, 388.1752a, 388.1766, 388.1801, 388.1801a, 388.1802a, 388.1803, 388.1806, 388.1807a, 388.1807b, 388.1807c, 388.1809, 388.1810b, 388.1810c, 388.1817, 388.1819, 388.1820, 388.1822, 388.1823, 388.1824, 388.1825, 388.1826, 388.1829a, 388.1830, 388.1836, 388.1836a, 388.1836b, 388.1836c, 388.1837b, 388.1838, 388.1841, 388.1846, 388.1851, 388.1852, 388.1854, 388.1856, 388.1863, 388.1863a, 388.1864, 388.1865, 388.1865a, 388.1867, 388.1868, 388.1869, 388.1870, 388.1874, 388.1874c, 388.1875, 388.1876, 388.1877, 388.1878, 388.1879, 388.1880, 388.1881, 388.1882, 388.1883, 388.1884, 388.1889, and 388.1890), sections 4, 203, 219, 220, 223, 238, 251, and 254 as amended and section 237b as added by 2012 PA 201, section 6 as amended by 2016 PA 56, sections 11, 21f, 31a, 32d, and 107 as amended by 2015 PA 139, sections 11a, 11j, 11k, 11m, 15, 20, 20d, 20f, 20g, 22a, 22b, 22d, 22g, 23a, 24, 24a, 24c, 25f, 26a, 26b, 26c, 31d, 31f, 32p, 39, 39a, 41, 51a, 51c, 51d, 53a, 54, 56, 61a, 62, 64b, 74, 81, 94, 94a, 98, 99h, 101, 104, 147, 147a, 147c, 152a, 201, 201a, 206, 207a, 207b, 207c, 209, 210b, 217, 222, 225, 226, 229a, 230, 236, 236a, 236b, 236c, 241, 246, 252, 256, 263, 263a, 264, 265, 265a, 267, 268, 269, 270, 274, 276, 277, 278, 279, 280, 281, 282, 283, and 284 as amended and sections 25g, 31c, 35, 35a, 55, 61b, 65, 67, 99s, 102d, 210c, and 274c as added by 2015 PA 85, section 18 as amended by 2015 PA 114, sections 19, 202a, 224, and 275 as amended by 2014 PA 196, section 166 as amended by 1996 PA 300, and sections 289 and 290 as amended by 2013 PA 60, and by adding sections 11o, 11s, 20j, 21, 21g, 31b, 54b, 61c, 95b, 99t, 152b, and 167a; and to repeal acts and parts of acts. No. 63] [September 8, 2016] JOURNAL OF THE SENATE 1551 ith the recommendation that the substitute (S-3) be adopted and that the bill then pass. W The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported House Bill No. 5421, entitled A bill to amend 1999 PA 149, entitled “Public employee health care fund investment act,” by amending section 2 (MCL 38.1212) and by adding sections 4a, 4b, and 4c. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, September 7, 2016, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young The Committee on Regulatory Reform reported Senate Bill No. 1015, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16343a and part 182A. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Jones, Knollenberg, Kowall, MacGregor, Hune, Warren and Hertel Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Regulatory Reform reported Senate Bill No. 1016, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 18255 to part 182A. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Jones, Knollenberg, Kowall, MacGregor, Hune, Warren and Hertel Nays: None The bill was referred to the Committee of the Whole. 1552 JOURNAL OF THE SENATE [September 8, 2016] [No. 63 The Committee on Regulatory Reform reported Senate Bill No. 1025, entitled A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 1a (MCL 338.881a), as added by 1992 PA 130. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson Nays: Senator Rocca The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Regulatory Reform submitted the following: T Meeting held on Wednesday, September 7, 2016, at 1:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Jones, Knollenberg, Kowall, MacGregor, Hune, Warren and Hertel Excused: Senators Rocca (C) and Johnson Scheduled Meetings Legislative Council - Tuesday, September 20, 12:30 p.m., House Appropriations Room, 3rd Floor, Capitol Building (373-0212) Senate Fiscal Agency Board of Governors - Wednesday, September 21, 9:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 12:47 p.m. In pursuance of the order previously made, the President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Tuesday, September 20, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 64 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Tuesday, September 20, 2016. 10:00 a.m. The Senate was called to order by the Associate President pro tempore, Senator Hoon-Yung Hopgood. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—present Casperson—excused Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 1554 JOURNAL OF THE SENATE [September 20, 2016] [No. 64 Pastor Joshua LaFeve of Immanuel Lutheran Church of Leland offered the following invocation: Gracious Lord, You are in full control of the world You have created. With Your right arm You execute justice, righteousness in Your Son, Jesus Christ, and through Your church on Earth. You do this to ensure that all people of all nations regardless of race or ethnicity that they might hear and receive, by faith, the good news that their creator has accomplished what is necessary to forgive sin. To reconcile them to himself, and, both now and onto eternity. With your left arm You execute justice and righteousness in this and every nation of the Earth through governing authorities who make, administer, judge, and execute our laws for the sake of peace and good order. For this reason we honor, we respect, we obey, and we pray for our governing authorities. Indeed, we are reminded of the words of Your servant, Saint Paul, who once wrote to his young co-worker Timothy, first of all them. I urge that supplications, prayers, intercessions, and thanks giving be made for all people; for kings and for all who are in high positions that we may lead a peaceful and quiet life, Godly, and dignified in every way. So we pray, especially for the work of this Senate. You have endowed each member as Your creature with varied gifts and accord with Your mercy. Give each of them counsel, aid, wisdom, discernment to function collectively as Your righteous left arm, honoring Your will, and acting for the good of all whom they serve. As they so serve, continue to hold out the merciful hand of Your right arm, and the eternal gifts, and blessings of forgiveness, eternal life, and salvation found therein, that they might readily partake. To You, we give all the Honor, Glory, and blessing, Father, Son, and Holy Spirit. In the Name of Jesus, we pray. Amen. The Associate President pro tempore, Senator Hopgood, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Young entered the Senate Chamber. enator Kowall moved that Senator Schuitmaker be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senator Casperson be excused from today’s session. S The motion prevailed. enator Hood moved that Senator Johnson be temporarily excused from today’s session. S The motion prevailed. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:05 a.m. 11:39 a.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. During the recess, Senators Schuitmaker and Johnson entered the Senate Chamber. The following communication was received: Department of State Administrative Rules Notice of Filing September 6, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-047-LR (Secretary of State Filing #16-09-01) on this date at 4:03 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Wage and Hour Division – General Rules.” No. 64] [September 20, 2016] JOURNAL OF THE SENATE 1555 These rules take effect immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communication was referred to the Secretary for record. The Secretary announced that the following bills and joint resolution were printed and filed on Wednesday, September 7, and are available at the Michigan Legislature website: House Bill Nos. 5807 5808 5809 5810 5811 5812 5813 5814 5815 5816 5817 5818 5819 5820 5821 5822 5823 5824 5825 5826 5827 5828 House Joint Resolution QQ The Secretary announced that the following bills and joint resolution were printed and filed on Thursday, September 8, and are available at the Michigan Legislature website: Senate Bill Nos. 1066 1067 1068 1069 1070 1071 1072 1073 1074 1075 1076 1077 1078 House Bill Nos. 5829 5830 5831 5832 5833 5834 5835 5836 5837 5838 5839 5840 5841 5842 5843 5844 5845 5846 5847 5848 5849 5850 5851 5852 5853 5854 5855 5856 5857 House Joint Resolution RR The Secretary announced that the following bills were printed and filed on Tuesday, September 13, and are available at the Michigan Legislature website: House Bill Nos. 5858 5859 5860 5861 5862 5863 5864 5865 5866 5867 5868 5869 5870 5871 5872 The Secretary announced that the following bills were printed and filed on Wednesday, September 14, and are available at the Michigan Legislature website: House Bill Nos. 5873 5874 5875 5876 Messages from the Governor The following messages from the Governor were received and read: August 30, 2016 lease be advised of the following appointments to office: P Chair - State Fire Safety Board Andrew R. Lenaghan of 23034 Arlington Street, Dearborn, Michigan 48128, county of Wayne, is appointed for a term expiring at the pleasure of the Governor. tate Fire Safety Board S Jeffery A. Green of 1429 Lincoln Avenue, Marquette, Michigan 49855, county of Marquette, representing fire depart­ ments in the Upper Peninsula, succeeding Dean Mallos, is appointed for a term expiring July 15, 2020. Paul R. Korte of 4000 Town Center Drive, Suite 700, Southfield, Michigan 48075, county of Wayne, representing the nursing home industry, succeeding David Herbel, is appointed for a term expiring July 15, 2017. Michael W. Powers of 1965 15 Mile Road, Rockford, Michigan 49341, county of Kent, representing licensed electrical contractors or master electrician, succeeding Thomas Lippens, is appointed for a term expiring July 15, 2020. August 30, 2016 I respectfully submit to the Senate the following appointments to office: Public Safety Communications Interoperability Board Gregory Janik of 3208 Silver Acres Drive, Saugatuck, Michigan 49453, county of Allegan, representing local emergency first responders, succeeding Julie Secontine, is appointed for a term expiring April 30, 2019. Kenneth Morris of 3456 Kissing Rock, Lowell, Michigan 49331, county of Kent, representing local emergency first responders, succeeding Mark Meijer, is appointed for a term expiring April 30, 2020. 1556 JOURNAL OF THE SENATE [September 20, 2016] [No. 64 Curtis A. Parsons of 604 Carriage Drive, Tecumseh, Michigan 49286, county of Lenawee, representing local emergency first responders, succeeding Jeffrey Friedland, is appointed for a term expiring April 30, 2020. Troy A. Stern of 6606 Hidden Lane, Tecumseh, Michigan 49286, county of Lenawee, representing local emergency first responders, succeeding Robert Marchand, is appointed for a term expiring April 30, 2020. September 1, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Council for Arts and Cultural Affairs Anne M. Belanger of 6442 Beach Road, Rogers City, Michigan 49779, county of Presque Isle, succeeding Nicole Nason, is appointed for a term expiring September 1, 2019. Susannah C. Goodman of 1402 Campbell Street, Detroit, Michigan 48209, county of Wayne, succeeding herself, is reappointed for a term expiring September 1, 2019. Ritschard P. Homberg of 1612 Lochridge Road, Bloomfield Hills, Michigan 48302, county of Oakland, succeeding himself, is reappointed for a term expiring September 1, 2019. Carol Snapp of 2436 Alta Vista Avenue, Kalamazoo, Michigan 49008, county of Kalamazoo, succeeding herself, is reappointed for a term expiring September 1, 2019. Shannon E. White of 13521 Hadden Street, Fenton, Michigan 48430, county of Genesee, succeeding herself, is reappointed for a term expiring September 1, 2019. September 5, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Film Office Advisory Council Niki Adams of 942 S. Cedar Street, Apt. #7, Mason, Michigan 48854, county of Ingham, representing broad areas of film and motion picture making, production of television programs and commercials, and related industries in Michigan, succeeding Ted Serbiniski, is appointed for a term expiring September 30, 2018. Rick F. Hert of 8608 Baileau Oaks Drive, N.E., Ada, Michigan 49301, county of Kent, representing local film offices, succeeding himself, is reappointed for a term expiring September 30, 2020. Dan Lemieux of 48997 Quail Run Drive, South, Plymouth, Michigan 48170, county of Wayne, representing film, television, or related industry unions, succeeding Marcia Fishman, is appointed for a term expiring September 30, 2020. Andriy B. Pereklita of 3585 Windemere Drive, Ann Arbor, Michigan 48105, county of Washtenaw, representing film, television, or related industry unions, succeeding Calvin Hazelbaker, is appointed for a term expiring September 30, 2020. Joseph Voss of 2325 Clark Avenue, Kalamazoo, Michigan 49048, county of Kalamazoo, representing broad areas of film and motion picture making, production of television programs and commercials, and related industries in Michigan, succeeding himself, is reappointed for a term expiring September 30, 2020. September 5, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Law Enforcement Officers Memorial Monument Fund Commission Mary D. Johnson of 4108 Hagadorn Road, Okemos, Michigan 48864, county of Ingham, representing an individual nominated by the Michigan State Troopers Association who is a survivor of a state trooper that was killed in the line of duty, succeeding herself, is reappointed for a term expiring June 30, 2020. Kenneth Lorenze Rochell of 2295 Hickory Point Drive, Ann Arbor, Michigan 48105, county of Washtenaw, representing police chaplains, succeeding himself, is reappointed for a term expiring June 30, 2020. September 5, 2016 lease be advised of the following appointment to office: P Natural Resources Trust Fund Board William R. Rustem of 2770 Dobie Road, Mason, Michigan 48854, county of Ingham, succeeding Brad Canale, is appointed for a term commencing October 1, 2016, and expiring October 1, 2020. September 5, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Pharmacy and Therapeutics Committee Debera H. Eggleston of 5548 Silverleaf Court, Haslett, Michigan 48840, county of Ingham, representing physicians, succeeding Jennifer Dehlin, is appointed for a term expiring October 1, 2018. September 5, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Prescription Drug and Opioid Abuse Commission Stephen R. Bell of 11873 Grafton Road, Carleton, Michigan 48117, county of Monroe, representing osteopathic doctors, is appointed for a term expiring September 1, 2018. No. 64] [September 20, 2016] JOURNAL OF THE SENATE 1557 Vincent V. Benivegna of 3585 Cabaret Trail, Okemos, Michigan 48864, county of Ingham, representing dentists, is appointed for a term expiring September 1, 2018. Rebecca Cunningham of 3867 Hawk Crest Road, Ann Arbor, Michigan 48103, county of Washtenaw, representing allopathic doctors, is appointed for a term expiring September 1, 2018. Richard Dettloff of 9343 Garden Gate Drive, Rockford, Michigan 49341, county of Kent, representing a representative of a pharmaceutical manufacturer, is appointed for a term expiring September 1, 2018. Lisa K. Gigliotti of 2926 Marfitt Road, East Lansing, Michigan 48823, county of Ingham, representing chronic pain sufferers, is appointed for a term expiring September 1, 2018. Timothy A. Hurtt of 9856 Defoe Court, Portage, Michigan 49092, county of Kalamazoo, representing law enforcement officers, is appointed for a term expiring September 1, 2018. Stephen A. Lazar of 16219 15 Mile Road, Marshall, Michigan 49068, county of Calhoun, representing psychologists, is appointed for a term expiring September 1, 2018. Paula Nelson of 13193 Hunt Road, Riley, Michigan 48041, county of Saint Clair, representing substance abuse treatment centers, is appointed for a term expiring September 1, 2018. Melissa Owings of 8708 North Shore Drive, Clarklake, Michigan 49234, county of Jackson, representing veterinarians, is appointed for a term expiring September 1, 2018. Michael J. Paletta of 972 McDonald Drive, Northville, Michigan 48167, county of Oakland, representing Michigan hospice organizations, is appointed for a term expiring September 1, 2018. Gretchen Schumacher of 4728 Dun Robin Drive, N.E., Belmont, Michigan 49306, county of Kent, representing registered professional nurses, is appointed for a term expiring September 1, 2018. Mary Sclabassi of 41764 Hampshire Drive, Novi, Michigan 48375, county of Oakland, representing law enforcement officers, is appointed for a term expiring September 1, 2018. Patrick Shannon of 2731 Park Drive, Mackinac Island, Michigan 49757, county of Mackinac, representing the general public, is appointed for a term expiring September 1, 2018. Roy Soto of 3250 Chestnut Run Drive, Bloomfield Hills, Michigan 48302, county of Oakland, representing a Michigan medical school, is appointed for a term expiring September 1, 2018. Larry D. Wagenknecht of 6097 Partridge Street, Haslett, Michigan 48840, county of Ingham, representing a representative from a statewide pharmacy association, is appointed for a term expiring September 1, 2018. Laurie A. Wesolowicz of 17455 Maple Hill Drive, Northville, Michigan 48168, county of Wayne, representing pharmacists, is appointed for a term expiring September 1, 2018. Adam R. Wilson of 3964 Hiawatha Meadows Drive, Mt. Pleasant, Michigan 48858, county of Isabella, representing physician’s assistants, is appointed for a term expiring September 1, 2018. September 5, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Statewide Independent Living Council Aaron M. Andres of 1500 Norway Avenue, #6, Marquette, Michigan 49855, county of Marquette, representing individuals with a disability, is appointed for a term expiring December 31, 2019. Robin L. Bennett of 2105 N. Sheldon Road, Apt. 202, Canton, Michigan 48187, county of Wayne, representing organizations that provide services for individuals with disabilities, including, but not limited to, private businesses, and individuals with a disability, is appointed for a term expiring December 31, 2019. Gabriella Burman of 13151 Winchester Avenue, Huntington Woods, Michigan 48070, county of Oakland, representing advocates of, and for, individuals with disabilities, is appointed for a term expiring December 31, 2018. Lisa A. Cook-Gordon of 225 West Burns Line Road, Melvin, Michigan 48454, county of Sanilac, representing parents or guardians of individuals with disabilities, is appointed for a term expiring December 31, 2017. Alexander Darr of 8668 North Christine, Brighton, Michigan 48114, county of Livingston, representing individuals with a disability, is appointed for a term expiring December 31, 2019. Sara E. Grivetti of 3939 E. Old Pine Trail, Midland, Michigan 48642, county of Midland, representing individuals with a disability, is appointed for a term expiring December 31, 2017. Michael Hamm of 3467 N. Walnut Avenue, White Cloud, Michigan 49349, county of Newaygo, representing individuals with a disability, is appointed for a term expiring December 31, 2018. Kelsey Kleimola of 955 Carver Avenue, Ypsilanti, Michigan 48198, county of Washtenaw, representing individuals with a disability, is appointed for a term expiring December 31, 2018. Rebecca Parten of 25316 Fairway Drive, Dearborn, Michigan 48124, county of Wayne, representing individuals with a disability and advocates of, and for, individuals with disabilities, is appointed for a term expiring December 31, 2018. Mairead C. Warner of 8212 Jordan Road, Melvin, Michigan 48454, county of Sanilac, representing individuals with a disability, is appointed for a term expiring December 31, 2019. James G. Whalen of 1755 McPherson Street, Port Huron, Michigan 48060, county of Saint Clair, representing directors of centers for independent living within this state, is appointed for a term expiring December 31, 2017. 1558 JOURNAL OF THE SENATE [September 20, 2016] [No. 64 September 7, 2016 lease be advised of the following appointments to office: P Governor’s Council on Physical Fitness, Health and Sports Lindsey DesArmo of 720 Inees Street, S.E., Grand Rapids, Michigan 49503, county of Kent, succeeding Lila Lazarus, is appointed for a term expiring April 30, 2018. Justin S. Zatkoff of 3412 Buckingham Trail, West Bloomfield, Michigan 48323, county of Oakland, succeeding Tom Minter, is appointed for a term expiring April 30, 2018. Thomas Goodwin of 5285 Swallow Avenue, Kalamazoo, Michigan 49009, county of Kalamazoo, succeeding himself, is reappointed for a term expiring April 30, 2018. James M. Pivarnik of 923 Huntington Road, East Lansing, Michigan 48823, county of Ingham, succeeding himself, is reappointed for a term expiring April 30, 2018. Scott M. Przystas of 1404 Sheldon Road, Grand Haven, Michigan 49417, county of Ottawa, succeeding himself, is reappointed for a term expiring April 30, 2018. Anuja Rajendra of 1707 Harding Road, Ann Arbor, Michigan 48104, county of Washtenaw, succeeding herself, is reappointed for a term expiring April 30, 2018. Andrew Younger of 714 Plumtree Lane, Fenton, Michigan 48430, county of Genesee, succeeding Ronald Winter, is appointed for a term expiring April 30, 2018. Paul J. Barbeau of 2101 Norwood Drive, Midland, Michigan 48640, county of Midland, succeeding himself, is reappointed for a term expiring April 30, 2018. September 9, 2016 I respectfully submit to the Senate the following appointment to office: Co-Chair Pipeline Safety Advisory Board Cathleen Heidi Grether of 435 Mill Street, Williamston, Michigan 48895, county of Ingham, succeeding Timothy O’Brien, is appointed for a term expiring at the pleasure of the Governor. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Horn as Chair­ person. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having assumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 958, entitled A bill to amend 1982 PA 432, entitled “Motor bus transportation act,” by amending section 23 (MCL 474.123), as amended by 1989 PA 233. Senate Bill No. 1022, entitled A bill to amend 1965 PA 203, entitled “Commission on law enforcement standards act,” (MCL 28.601 to 28.616) by adding sections 9e and 9f. Senate Bill No. 1045, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1987 (MCL 600.1987), as added by 2015 PA 231. Senate Bill No. 1025, entitled A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 1a (MCL 338.881a), as added by 1992 PA 130. The bills were placed on the order of Third Reading of Bills. No. 64] [September 20, 2016] JOURNAL OF THE SENATE 1559 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 881, entitled A bill to authorize the department of technology, management, and budget to convey parcels of state-owned property in Baraga, Bay, Calhoun, Gratiot, Lenawee, Manistee, and Van Buren Counties; to prescribe conditions for the convey­ ances; to provide for powers and duties of state departments, agencies, and officers in regard to the property; and to provide for disposition of revenue derived from the conveyances. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4580, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9f (MCL 211.9f), as amended by 2016 PA 108. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 448, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 233 (MCL 436.1233). Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 570, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7o (MCL 211.7o), as amended by 2006 PA 681. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 742, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 931, 937, 940, and 946 (MCL 600.931, 600.937, 600.940, and 600.946), section 931 as amended by 2000 PA 86, and by adding section 945. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 1021, entitled A bill to amend 1975 PA 238, entitled “Child protection law,” by amending sections 2, 7, and 8 (MCL 722.622, 722.627, and 722.628), sections 2 and 7 as amended by 2016 PA 35 and section 8 as amended by 2008 PA 300. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 1015, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16343a and part 182A. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. 1560 JOURNAL OF THE SENATE [September 20, 2016] [No. 64 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 1016, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 18255 to part 182A. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. Resolutions enator Kowall moved that further consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. enator Jones offered the following resolution: S Senate Resolution No. 199. A resolution to commemorate September 2016 as Life Insurance Awareness Month. Whereas, Life insurance is critically important to protecting ourselves and the people we love; and Whereas, Every year, the insurance industry provides tremendous financial relief and security to families who have experienced the loss of a loved one; and Whereas, Despite its vast importance, many people do not have life insurance coverage; and Whereas, Life insurance is vital in providing peace of mind for those affected by the loss of a beloved; and Whereas, September 2016 has been designated as the month to generate awareness of life insurance. Those who are not insured are encouraged to consult a qualified insurance professional, and take the actions required to provide a financiallysecure future for their families and those they cherish; now, therefore, be it Resolved by the Senate, That the members of this legislative body hereby commemorate September 2016 as Life Insurance Awareness Month in the state of Michigan. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Green, Knollenberg, Proos, and Robertson were named co‑sponsors of the resolution. enator Bieda offered the following resolution: S Senate Resolution No. 200. A resolution to urge the Congress of the United States to pass legislation that funds efforts to combat the Zika virus. Whereas, The Zika virus is an international public health crisis. Zika virus is a mosquito-born infection that is also spread by sexual contact. Currently, no vaccine is available to prevent Zika virus infection; and Whereas, Although Zika symptoms are considered mild and often go undetected, what may seem to be benign is in fact linked to congenital and neurological birth defects in an unborn fetus. Pregnant women infected by Zika-infected mosquitoes are at high risk of infecting their unborn child; and Whereas, Zika-infected mosquitoes know no boundaries. While travel-associated and locally-acquired cases are substantially higher in U.S. territories, cases within the United States are on the rise. Recent Centers for Disease Control (CDC) case counts report nearly 3,000 travel-associated and 43 locally-acquired cases; and Whereas, In February 2016, President Barak Obama requested that Congress provide $1.9 billion in funding to respond to the fast-emerging Zika virus crisis. These funds would be used to prevent, detect, and respond to the Zika virus by accelerating vaccine research and diagnosis; mosquito control and surveillance efforts; and public health education for health care providers; and women and their partners about the disease. In addition, the funds would provide improved support services for low-income pregnant women. Congress has yet to take action to provide funding; and Whereas, Current funding will soon be exhausted. Six hundred million dollars in funds allocated to combat Ebola were transferred to Zika prevention efforts. These funds are expected to be exhausted by the end of September 2016; and No. 64] [September 20, 2016] JOURNAL OF THE SENATE 1561 Whereas, Failure to fund Zika virus prevention will seriously hinder efforts to develop a vaccine and to implement mosquito control and prevention efforts by state and local governments. It is imperative that Congress move quickly to fully fund efforts to address this public health crisis; now, therefore, be it Resolved by the Senate, That we urge the Congress of the United States to pass legislation that funds efforts to combat the Zika virus; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed. The question being on the adoption of the resolution, Senator Kowall moved that the resolution be referred to the Committee on Health Policy. The motion prevailed. Senators Brandenburg, Gregory, Jones, and Proos were named co-sponsors of the resolution. enator Stamas offered the following resolution: S Senate Resolution No. 201. A resolution recognizing Michigan State Police’s hazardous materials training center on the occasion of the 25th Anniversary of its dedication. Whereas, The Michigan State Police’s Hazardous Materials Training Center was dedicated by Governor John Engler on September 26, 1991; and Whereas, This four-acre center was constructed at the state’s secondary complex in Lansing entirely with support from private industry donations that totaled more than $350,000; and Whereas, Many Michigan industries, including the state’s chemical industry, railroad industry, petroleum industry, asphalt paving industry, manufacturing industry, propane industry, and trucking industry, collaborated to develop this center; and Whereas, The Emergency Management and Homeland Security Training Center, now operated by the Michigan State Police was the first public training center of its kind in the United States, and remains a national leader in Hazardous Material emergency training; and Whereas, Each year this center provides comprehensive training to approximately two thousand individuals, from the public and private sectors, from every county in Michigan, from across the United States, and from as far away as Brazil, South Africa, and Australia; and Whereas, This center utilizes hands-on training and simulation aids such as railroad cars, highway tank trailers, above/below ground storage tanks, confined spaces, and personal protection clothing and equipment to provide a realistic training environment; and Whereas, This effort represents a true example of private-public partnership with a collaborative and objective-based training and the center continues to serve the people of Michigan by ensuring that our state’s emergency responders have an effective training and exercise program; now, therefore be it Resolved by the Senate, That we hereby celebrate the 25th Anniversary of the opening of the Michigan State Police’s Hazardous Materials Training Center, and recognize the efforts of partners in government, industry, and Michigan communities to develop this unique center and to continue its work. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Green, Horn, Jones, MacGregor, Proos, and Robertson were named co-sponsors of the resolution. ouse Concurrent Resolution No. 25. H A concurrent resolution relative to secondary road patrol funds for counties providing road patrol services to cities and villages. Whereas, Section 77 of 1846 RS 14, MCL 51.77, provides funding for county secondary road patrol services pursuant to an agreement with the Office of Criminal Justice, which, pursuant to Executive Order No. 1989 – 4, is now the Office of Highway Safety Planning within the Department of State Police. An agreement also provides a maintenance of law enforcement effort standard for counties providing these secondary road patrol services, unless it is recognized that the reduction was due to cuts in general services due to economic conditions; and Whereas, Section 76 of 1846 RS 14, MCL 51.76, permits road patrol services to be provided by county sheriff departments to cities and villages. This section also provides that a road patrol agreement is void if the city or village 1562 JOURNAL OF THE SENATE [September 20, 2016] [No. 64 reduces the number of sworn law enforcement officers below the highest number employed at any time within the immediately preceding 36 months, unless the Michigan Legislature, by concurrent resolution, recognizes that the reduction was due to cuts in general services due to economic conditions; and Whereas, Section 77 of 1846 RS 14, MCL 51.77, provides a formula for funding county secondary road patrol services. This formula permits road patrol services provided by county sheriff departments to cities and villages to be eligible for secondary road patrol funding as long as the city or village complies with the MCL 51.76 law enforcement maintenance of effort requirement, unless any reduction is recognized to be due to cuts in general services due to economic conditions; and Whereas, In all of Michigan’s counties, cities, and villages, general services have been reduced as a result of serious eco­ nomic difficulties. These reductions in services have occurred in direct reaction to economic conditions; now, therefore, be it Resolved by the House of Representatives (the Senate concurring), That, for Fiscal Year 2017, counties, cities, and villages in Michigan have been required to reduce general services because of economic conditions and are not reducing law enforcement services as stipulated in sections 76 or 77 of 1846 RS 14; and be it further Resolved, That counties, cities, and villages have met the necessary terms of their agreements for road patrol services and secondary road patrol funding as they relate to maintenance of effort. The House of Representatives has adopted the concurrent resolution. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of members serving voting therefor. The question being on the adoption of the concurrent resolution, Senator Kowall moved that further consideration of the concurrent resolution be postponed for today. The motion prevailed. Senators Brandenburg, Green, Gregory, MacGregor, and Proos were named co-sponsors of the concurrent resolution. Introduction and Referral of Bills Senator Pavlov introduced Senate Bill No. 1079, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11511b (MCL 324.11511b), as amended by 2011 PA 215. The bill was read a first and second time by title and referred to the Committee on Natural Resources. Senators O’Brien, Jones and Schuitmaker introduced Senate Bill No. 1080, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 411x. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Jones, O’Brien and Schuitmaker introduced Senate Bill No. 1081, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2013 PA 216. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Horn, Jones, Proos, Knollenberg, Marleau and Nofs introduced Senate Bill No. 1082, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 81d (MCL 750.81d), as amended by 2006 PA 517. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Zorn introduced Senate Bill No. 1083, entitled A bill to amend 1990 PA 250, entitled “DNA identification profiling system act,” by amending section 6 (MCL 28.176), as amended by 2014 PA 457. The bill was read a first and second time by title and referred to the Committee on Judiciary. No. 64] [September 20, 2016] JOURNAL OF THE SENATE 1563 Senator Zorn introduced Senate Bill No. 1084, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 698 (MCL 257.698), as amended by 2016 PA 161. The bill was read a first and second time by title and referred to the Committee on Transportation. Senators Zorn, Proos and Casperson introduced Senate Bill No. 1085, entitled A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 88r (MCL 125.2088r), as amended by 2014 PA 506. The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment. Senators Zorn, Horn, Marleau and Hansen introduced Senate Bill No. 1086, entitled A bill to prohibit local units of government from imposing sanctions on certain employees for communications with elected officials; and to provide for remedies. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senator Horn introduced Senate Bill No. 1087, entitled A bill to amend 1972 PA 299, entitled “An act to provide for the assessment, collection and disposition of the costs of regulation of public utilities,” (MCL 460.111 to 460.120) by adding section 5a. The bill was read a first and second time by title and referred to the Committee on Energy and Technology. Senator MacGregor introduced Senate Bill No. 1088, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 203 (MCL 436.1203), as amended by 2014 PA 50. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Statements Senators Meekhof and Colbeck asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Meekhof’s statement is as follows: Today I rise to pay tribute to my friend Representative Peter Pettalia, who died last week in a tragic accident. In times like these, it is important to remember how precious life is and how we should celebrate every moment. Pete was a man who enjoyed life and it was evident to all who knew him. Pete had been a resident of Presque Isle since 1977. He was serving in his third term in the House of Representatives. He was first elected in November of 2010. He previously served as Presque Isle Township supervisor for 16 years and a volunteer firefighter for East Grand Lake Fire Department for 15 years. He was embedded in his community. He was vice-president for the State Park Advisory Board for a number of communities up there. Pete was one of the founding members of the Presque Isle County Economic Development Commission and the Community Development Commission. Pete and his business partner operated an auto repair business in Alpena for over 33 years. He also had a small seasonal cabin rental business on Grand Lake that he operated with his wife Karen in Northeast Michigan. Pete was a man of many accomplishments, but I know he was most proud of being a father and a husband. Pete is survived by his wife, Karen, and their two children, and two grandchildren. On a more personal note, Pete was my dear friend. He and I had been Lansing roommates for the past six years. Pete and I became very good friends over the years we spent time as colleagues and times on my patio just smoking cigars. When I think of Pete, I think of his humor, his warmth, and his passion for life. He was a wonderful example to all of us and I will miss my friend. I had the opportunity to do a toast at his event last Friday and the more I say this next comment the more true it becomes. As a father and as a brother, if you had the opportunity to pick your son-in-law or pick your brother-in-law, you would pick Pete Pettalia, he is a great guy. I’d like to ask for a moment of silence in reverence for our friend Representative Pettalia. I will miss him dearly. A moment of silence was observed in memory of Representative Peter Pettalia. 1564 JOURNAL OF THE SENATE [September 20, 2016] [No. 64 Senator Colbeck’s statement is as follows: Last Wednesday, the Michigan State Board of Education passed LGBTQ policy guidelines that I think put a lot of our students at risk and put a lot of our teachers in some uncomfortable positions. They launched this initiative under the auspices of a website called Every Voice Counts. We had almost 13,000 comments that were submitted online. Many, the majority, of those comments were in opposition to the policy guidelines. The first day that they had testimony on these guidelines, we had 343 people come out from all corners of the state, including up near the U.P. as well, coming down expressing their testimony. The voice of many of these folks did not count unfortunately, and the State Board of Education passed those policy guidelines out of their board meeting on Wednesday. I wanted to get up and talk to our colleagues here because I think it is very important that we advise our local school districts that they are under no obligation to enforce these guidelines or implement these guidelines. The federal government has issued a threat regarding these guidelines: that failure to implement them would subject them to the possible loss of federal funding in accordance with Title IX guidelines, Title IX violations. The federal govern­ment neglects to identify to everybody that they have no authority to issue any such threat like this, because they are trying to amend or change Title IX to replace the very clear word of “sex” with “gender identity”. They have no congressional approval for the assertions that they are attempting to make. It is a false threat, and our schools should understand that rather than having a threat of loss of funding by not complying with these, they actually have more of a threat of a loss of funding by complying with these guidelines, because by so doing they are going to be subjecting their school district to increased risk of lawsuits pertinent to this adoption of these policy guidelines. And if you are uncertain as to what that risk might look like, take a look at Target and how they have adopted similar guidelines and what lawsuits they’ve been subjected to. My guidelines and recommendations to all my colleagues here is to advise your school boards that they should ignore the guidelines that have been passed out of the State Board of Education. If they do not ignore that, they are putting their students at risk, and their parents at risk, and their teachers at risk by diverting money intended for education from the classroom to the courtroom. Committee Reports The Committee on Elections and Government Reform reported Senate Bill No. 316, entitled A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 3 (MCL 15.263), as amended by 1988 PA 278. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David B. Robertson Chairperson To Report Out: Yeas: Senators Robertson, Colbeck and Emmons Nays: Senator Hood The bill was referred to the Committee of the Whole. The Committee on Elections and Government Reform reported House Bill No. 4814, entitled A bill to provide for public electronic access to information through this state’s website; to require webpage posting of information about state departments, departmental subunits, and supervisors; to require standardized formats for displaying information, including functions, contact information, and organizational charts; and to provide for the powers and duties of certain state governmental officers and entities. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David B. Robertson Chairperson To Report Out: Yeas: Senators Robertson, Colbeck, Emmons and Hood Nays: None The bill was referred to the Committee of the Whole. No. 64] [September 20, 2016] JOURNAL OF THE SENATE 1565 COMMITTEE ATTENDANCE REPORT he Committee on Elections and Government Reform submitted the following: T Meeting held on Thursday, September 8, 2016, at 9:00 a.m., Rooms 402 and 403, Capitol Building Present: Senators Robertson (C), Colbeck, Emmons and Hood Excused: Senator Shirkey The Committee on Transportation reported Senate Bill No. 1047, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 11a. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Transportation reported House Bill No. 5205, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 6a. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, September 8, 2016, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood The Committee on Veterans, Military Affairs and Homeland Security reported House Bill No. 4970, entitled A bill to amend 1953 PA 192, entitled “An act to create a county department of veterans’ affairs in certain counties, and to prescribe its powers and duties; and to transfer the powers and duties of the soldiers’ relief commission in such counties,” by amending section 1 (MCL 35.621), as amended by 2012 PA 235. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Zorn, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. 1566 JOURNAL OF THE SENATE [September 20, 2016] [No. 64 The Committee on Veterans, Military Affairs and Homeland Security reported House Bill No. 5106, entitled A bill to amend 1967 PA 150, entitled “Michigan military act,” by amending section 151 (MCL 32.551), as amended by 2013 PA 99. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Zorn, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Veterans, Military Affairs and Homeland Security submitted the following: T Meeting held on Thursday, September 8, 2016, at 2:00 p.m., Room 110, Farnum Building Present: Senators O’Brien (C), Zorn, Colbeck and Knezek Absent: Senator Emmons COMMITTEE ATTENDANCE REPORT he Committee on Natural Resources submitted the following: T Meeting held on Wednesday, September 7, 2016, at 12:30 p.m., Room 210, Farnum Building Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren COMMITTEE ATTENDANCE REPORT he Committee on Economic Development and International Investment submitted the following: T Meeting held on Thursday, September 8, 2016, at 1:30 p.m., Room 210, Farnum Building Present: Senators Horn (C), Schmidt, Brandenburg, Stamas, Warren and Bieda Excused: Senator Emmons COMMITTEE ATTENDANCE REPORT he Legislative Council submitted the following: T Meeting held on Tuesday, September 20, 2016, at 12:30 p.m., House Appropriations Room, 3rd Floor, Capitol Building Present: Senators Rocca, Schmidt, Ananich, Schuitmaker (Alternate), Hood and Bieda (Alternate) Excused: Senators Meekhof (C), Stamas and Horn COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, September 20, 2016, at 12:30 p.m., Room 100, Farnum Building Present: Senators Zorn (C), Proos, Rocca and Young Excused: Senator Brandenburg Scheduled Meetings Appropriations - Wednesday, September 21, 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-1801) Subcommittee State Police and Military Affairs - Tuesday, September 27, 10:00 a.m., Marshall Regional Law Enforcement Center, 714 17 Mile Road, Marshall (373-2768) No. 64] [September 20, 2016] JOURNAL OF THE SENATE 1567 Commerce - Wednesday, September 21, 8:30 a.m., Room 210, Farnum Building (373-5312) Criminal Justice Policy Commission - Wednesday, October 5, 9:00 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-0212) Energy and Technology - Wednesday, September 21, 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Government Operations - Wednesday, September 21, 2:30 p.m., Rooms 402 and 403, Capitol Building (373-5307) Natural Resources - Wednesday, September 21, 12:30 p.m., Room 110, Farnum Building (373-1721) Outdoor Recreation and Tourism - Wednesday, September 21, 12:30 p.m., Room 210, Farnum Building (373-5314) Regulatory Reform - Wednesday, September 21, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323) Senate Fiscal Agency Board of Governors - Wednesday, September 21, 9:30 a.m. (CANCELED) and Thursday, September 22, 9:45 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Transportation - Wednesday, September 21, 4:00 p.m., Room 110, Farnum Building (373-5312) Veterans, Military Affairs and Homeland Security - Wednesday, September 21, 12:00 noon, Room 100 and Thursday, September 22, 2:00 p.m., Room 110, Farnum Building (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 12:15 p.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Wednesday, September 21, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1568 No. 65 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Wednesday, September 21, 2016. 10:00 a.m. The Senate was called to order by the Assistant President pro tempore, Senator Margaret E. O’Brien. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—excused Casperson—present Jones—present Colbeck—present Knezek—present Emmons—excused Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 1570 JOURNAL OF THE SENATE [September 21, 2016] [No. 65 everend Richard Yates of Community Bible Chapel of Breitung offered the following invocation: R Father, we thank You and that You are the God of all comfort, who comforts us in our suffering, that we might then be able to comfort others with the comfort that we ourselves have received from You. Lord, I pray for these lawmakers on this floor today, that You would comfort them in loss of comrades, and Lord in the loss that they often suffer as human beings, losses in finances, losses in elections, losses in a bill not going through, Lord, losses of friends, of family members, Lord, and different ways of dreams not coming about. Father, I just pray today, that You the God of all comfort would buoy, would encourage, would uplift these men and women, Lord, with Your comfort. Father, in all of this, we recognize that You love us so much that You gave up Your only Son, that we might have Your comfort for eternity. Thank You, Lord, for giving Jesus for us, in His, Name we pray. God we ask for Your guidance today, that You would be glorified, that You would give Your wisdom and direction, and that You would be honored in all of the proceedings today for Your glory. In Jesus Name, Amen. The Assistant President pro tempore, Senator O’Brien, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications The President, Lieutenant Governor Calley, assumed the Chair. Senator Kowall moved that Senators Brandenburg, Hansen, Marleau and Pavlov be temporarily excused from today’s session. The motion prevailed. enator Kowall moved that Senator Emmons be excused from today’s session. S The motion prevailed. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senator Johnson be excused from today’s session. S The motion prevailed. Senators Marleau, Hansen, Young, Brandenburg and Pavlov entered the Senate Chamber. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Casperson, Hertel and Hildenbrand admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. Senator Hertel asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Hertel’s statement is as follows: I want to begin this morning by giving a sincere thank you to those who have served or are currently serving in law enforcement. These jobs are often thankless, and involve acts of everyday heroism that go unnoticed by many. Today, I want to give special recognition to some exceptional individuals who uphold the justice system here in Ingham County. Like many law enforcement individuals from our communities around the state, these public servants work diligently to ensure the continued security of our communities and our courtrooms, a space where justice and the law must be upheld. The sanctity of this space was threatened just blocks from here on the evening of August 2nd, in the courtroom of Judge James Jamo. Ingham County Assistant Prosecutors Molly Hennessey and Jonathan Roth were appearing before the court in a child sexual abuse case as it reached a close and a conviction. Also present during the proceeding was Ingham County Prosecutor’s Victim Advocate Jessica Carls. As the parties stood before Judge Jamo, the defendant lunged at the Assistant Prosecutor with a shank, in an attempt to target Assistant Prosecuting Attorney Jonathan Roth. No. 65] [September 21, 2016] JOURNAL OF THE SENATE 1571 Thankfully, Detective Brian Canen of the Meridian Township Police Department acted selflessly and immediately to stop the assault. He was quickly assisted by Ingham County Sheriff’s Deputies James Beson and Mark Wadford. These three officers used their training, bravery, and fast thinking to prevent a major tragedy from occurring. They put their safety in immediate danger to deter the assailant. When others were running from the knife-wielding attacker, they, without hesitation, ran at him. This incident makes it clear that although the shell of the building is protected by security, all who work in the criminal justice system face real threats in the courtroom. Though our courts are meant to be a place for truth and justice, the emotional weight of cases can instead create tragedy and injury. The bravery and commitment demonstrated by each of these individuals on August 2nd is what makes them uniquely qualified to serve the residents of Ingham County. This morning, we recognize their efforts for not only that day, but also their continued commitment to the safety and security of our state. Now my colleagues from the House of Representatives, Representative Schor and Cochran, will be handing out tributes. Our first will go to Jonathan Roth, Assistant Prosecuting Attorney, Unit Chief of the Circuit Court, who is assigned to the general trial division and specializes in violent crime, and has served in the Ingham County Prosecutor's Office for eight years, thank you. Molly Hennessey, Assistant Prosecuting Attorney was hired in 2012 and specializes in child sexual assault cases, thank you for your service. Jessica Carls, Victim Advocate Coordinator, who provides information, emotional support and resources to victims to better help them navigate the legal system. Jessica has nearly six years of service to the citizens of Ingham County at the Prosecutor’s Office and we thank you. Detective Brian Canen, a 16-year veteran of the Meridian Township Police Department, was the lead investigator in the case and was the first to tackle and thwart the assailant. Deputy James Beson, is a 23-year veteran of the Ingham County Sheriff’s Office and acted quickly and selflessly to restrain the Defendant, thank you for your service. The Ingham County Prosecutor’s Office led by our former colleague, my predecessor, and a really hard act to follow, Ingham County Prosecutor Gretchen Whitmer. It is a great pleasure and distinct privilege to commemorate the work of the personnel of the Ingham County Prosecutor’s Office, we thank all of them for their service today. In addition to the statutory duties, the Prosecutor’s Office has additional programs and activities. The office serves on a number of task forces and projects, including the Small Talk Children’s Assessment Center (which serves young victims of abuse and sexual assault), the Tri-County Metro Narcotics Squad, the Power of We Consortium (coordinating public and non-profit human service programs), the Violent Crime Initiative, Veteran’s Treatment Court, the Swift and Sure Sanctions Probation Program, Sobriety Court, Teen Court, and Mental Health Courts. In a typical year, the Ingham County Prosecutor’s Office handles 10,000 or more cases. The individuals within the Ingham County Prosecutor’s Office work to efficiently manage the offender population while also improving the public safety, in our state’s capitol and its neighboring communities. We thank you all for your service. I would also like to thank and welcome Ingham County Sheriff Gene Wriggelsworth and Meridian Township Police Chief Dave Hall. I want to thank the Senate and my colleagues for helping to honor these exceptional heroes from my community who work to keep us safe in the Capitol City, thank you. Senator Kowall moved that the Committee on Natural Resources be discharged from further consideration of the following bill: Senate Bill No. 1051, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21102 and 21104 (MCL 324.21102 and 324.21104). The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders. Senator Kowall moved that the bill be referred to the Committee on Appropriations. The motion prevailed. Senator Kowall moved that the Committee on Agriculture be discharged from further consideration of the following bills: Senate Bill No. 1052, entitled A bill to amend 1984 PA 44, entitled “Motor fuels quality act,” by amending section 6 (MCL 290.646), as amended by 2006 PA 271. 1572 JOURNAL OF THE SENATE [September 21, 2016] [No. 65 Senate Bill No. 1053, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21506a and 21508 (MCL 324.21506a and 324.21508), as amended by 2014 PA 416. The motion prevailed, a majority of the members serving voting therefor, and the bills were placed on the order of General Orders. Senator Kowall moved that the bills be referred to the Committee on Appropriations. The motion prevailed. Senator Kowall moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today: Senate Bill No. 1026 The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:22 a.m. 11:41 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. The Secretary announced that the following bills were printed and filed on Thursday, September 15, and are available at the Michigan Legislature website: House Bill Nos. 5877 5878 5879 5880 5881 5882 5883 5884 5885 5886 5887 5888 5889 5890 The Secretary announced that the following bills were printed and filed on Tuesday, September 20, and are available at the Michigan Legislature website: Senate Bill Nos. 1079 1080 1081 1082 1083 1084 1085 1086 1087 1088 By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator Casperson introduced Senate Bill No. 1089, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 710e (MCL 257.710e), as amended by 2008 PA 43. The bill was read a first and second time by title and referred to the Committee on Transportation. Senator Emmons introduced Senate Bill No. 1090, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 1 of chapter XIIA (MCL 712A.1), as amended by 2014 PA 533. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senator Emmons introduced Senate Bill No. 1091, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 19a of chapter XIIA (MCL 712A.19a), as amended by 2012 PA 115. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. No. 65] [September 21, 2016] JOURNAL OF THE SENATE 1573 Senator Kowall introduced Senate Bill No. 1092, entitled A bill to require contracts for certain public works to have certain provisions; to require the use or supply of American steel products on certain public works projects; to impose certain conditions and provide for certain exemptions; and to impose certain powers and duties on certain public entities and certain state and local officials. The bill was read a first and second time by title and referred to the Committee on Commerce. Senator Kowall introduced Senate Bill No. 1093, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 41302a (MCL 324.41302a), as added by 2014 PA 537. The bill was read a first and second time by title and referred to the Committee on Natural Resources. Senator O’Brien introduced Senate Bill No. 1094, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 709 (MCL 257.709), as amended by 2010 PA 258. The bill was read a first and second time by title and referred to the Committee on Transportation. Senators Proos, Brandenburg, Hertel, Hansen and Zorn introduced Senate Bill No. 1095, entitled A bill entering into the interstate library compact; and for related purposes. The bill was read a first and second time by title and referred to the Committee on Commerce. Senators Ananich, Bieda, Young, Gregory, Hertel, Hopgood and Hood introduced Senate Bill No. 1096, entitled A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 402. The bill was read a first and second time by title and referred to the Committee on Commerce. Senators MacGregor, Hildenbrand, Stamas, Knezek and Marleau introduced Senate Bill No. 1097, entitled A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” by amending section 2a (MCL 36.2a), as amended by 2016 PA 213. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Home­ land Security. Senators Knezek, Hildenbrand, Stamas, MacGregor and Marleau introduced Senate Bill No. 1098, entitled A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” (MCL 36.1 to 36.12) by adding section 9. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Home­ land Security. Senators Stamas, Hildenbrand, MacGregor, Knezek and Marleau introduced Senate Bill No. 1099, entitled A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” (MCL 36.1 to 36.12) by adding section 10. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Home­ land Security. 1574 JOURNAL OF THE SENATE [September 21, 2016] [No. 65 Senators Hildenbrand, Stamas, MacGregor, Knezek and Marleau introduced Senate Bill No. 1100, entitled A bill to create the Michigan veterans’ facility authority; to develop and operate certain veterans’ facilities; to create funds and accounts; to authorize the issuing of bonds and notes; to prescribe the powers and duties of the authority and certain state departments and other state officials and employees; and to make appropriations and prescribe certain conditions for the appropriations. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Home­ land Security. Senator Stamas introduced Senate Bill No. 1101, entitled A bill to amend 1966 PA 291, entitled “Firefighters training council act,” by amending sections 2, 3, 4, 5, 6, 7, 8, 9, 9a, 10, 11, 12, 15, and 16 (MCL 29.362, 29.363, 29.364, 29.365, 29.366, 29.367, 29.368, 29.369, 29.369a, 29.370, 29.371, 29.372, 29.375, and 29.376), sections 2, 3, 4, 5, 8, and 11 as amended by 2006 PA 213, section 6 as amended and section 9a as added by 1980 PA 10, and section 9 as amended by 2015 PA 203, and by adding sections 9b, 11a, and 11b. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Hertel, Rocca, Warren, Schmidt, Young, Ananich, Gregory, Bieda and Schuitmaker introduced Senate Bill No. 1102, entitled A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 405 (MCL 418.405), as amended by 2014 PA 515. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Hertel, Warren, Jones and Marleau introduced Senate Bill No. 1103, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1706. The bill was read a first and second time by title and referred to the Committee on Education. Senator Shirkey introduced Senate Bill No. 1104, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 1482. The bill was read a first and second time by title and referred to the Committee on Judiciary. By unanimous consent the Senate returned to the order of Resolutions enator Kowall moved that further consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. ouse Concurrent Resolution No. 25. H A concurrent resolution relative to secondary road patrol funds for counties providing road patrol services to cities and villages. The question being on the adoption of the concurrent resolution, Senator Kowall moved that further consideration of the concurrent resolution be postponed temporarily. The motion prevailed. No. 65] [September 21, 2016] JOURNAL OF THE SENATE 1575 enator Nofs offered the following resolution: S Senate Resolution No. 202. A resolution recognizing October 17-21, 2016 as Careers in Energy Week. Whereas, access to affordable and reliable energy is fundamental to the lives of all Michigan residents and crucial to businesses; and Whereas, Michigan’s energy workforce is collectively one of the state’s largest employers, and currently boasts more than 97,000 jobs with this total projected to increase by 9.4 percent; and Whereas, Approximately 50 percent of workers in Michigan’s utility sector are expected to retire from the industry over the next five to seven years, underscoring a vital need to increase STEM and skilled trade training so more employees can be brought into the workforce pipeline; and Whereas, Michigan’s economy continues to grow and become more competitive, and our energy sector is transforming energy generation to cleaner, greener generation technologies and infrastructure as older facilities are retired over the next ten years; and Whereas, The Michigan Energy Workforce Development Consortium (MEWDC) is a coalition of more than 50 represen­ tatives of industry, education, workforce, labor, and veterans dedicated to identifying and acting on current and future workforce issues that are crucial to building and sustaining Michigan’s energy industry; and Whereas, MEWDC has partnered nationally with the U.S. Chamber of Commerce Foundation and the Center for Energy Workforce Development to implement talent development strategies for employment opportunities in Michigan’s energy industry; and Whereas, The MEWDC recently collaborated with the Michigan Department of Education to create the 17th “career cluster” that provides a roadmap for high school, career/technical education and community college students to pursue jobs in the often less visible energy sector by offering a path to study traditional academics while leveraging specific energy career skills; and Whereas, As a result, MEWDC members will now have an enhanced year-round presence in schools and on college and university campuses with a focus on hiring Michigan students, in addition to offering over 900 industry internship and co-op opportunities for students and honorably discharged veterans; and Whereas, During the week of October 17-21, the MEWDC will focus on energy career awareness through Jobs for Michigan’s Graduates student tours at Consumers Energy, DTE Energy and Lansing Board of Water and Light technical training sites, a middle school-focused energy fair hosted by the American Petroleum Institute in southeast Michigan, as well as social, print and broadcast media exposure about the many benefits of energy careers; now, therefore, be it Resolved by the Senate, That we proclaim October 17-21, 2016, as Careers in Energy Week. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Hansen, O’Brien, Proos, Schmidt and Zorn were named co‑sponsors of the resolution. enator Knollenberg offered the following resolution: S Senate Resolution No. 203. A resolution commemorating October 1 - 2, 2016, as I Buy Nearby Weekend. Whereas, Buy Nearby is an ongoing, year-round campaign, launched by the Michigan Retailers Association to benefit businesses, local communities and residents across Michigan; and Whereas, The campaign is intended to serve as a personal call to action, a symbol of pride and celebration, a rallying cry across Michigan and an economic driver for our state and local communities; and, Whereas, Buy Nearby wants to bring a “Pure Michigan” type of feeling to shopping in Michigan and get shoppers committed to buying nearby in Michigan; and Whereas, Retailing is responsible for 850,000 jobs in Michigan, and if shoppers commit to buying nearby in Michigan we can create more local jobs through increased local purchases; and Whereas, If Michigan consumers chose to support retail businesses in Michigan by always buying nearby rather than from “remote sellers,” Michigan would gain more than 74,000 additional jobs and $9 billion in additional economic activity in 2016, including $2.5 billion in additional wages the new workers would earn; and Whereas, Each purchase made when someone buys nearby in Michigan keeps more money within Michigan communities, which improves the vitality of Michigan’s local economies and the quality of life, and directly supports our communities, our schools, and our infrastructure; and Whereas, Buy Nearby seeks to build upon and strengthen existing shop-local groups by expanding and elevating the Buy Nearby in Michigan movement to a statewide campaign; and 1576 JOURNAL OF THE SENATE [September 21, 2016] [No. 65 Whereas, The year-round Buy Nearby campaign has designated October 1 - 2, 2016, as I Buy Nearby Weekend, a time to celebrate local retail businesses and their importance, and to encourage consumers to demonstrate their support for their communities and their state by buying nearby; and Whereas, Communities and retailers are encouraged to offer special events and other promotions to encourage local shopping and stimulate Michigan’s economy on I Buy Nearby Weekend; and Whereas, Buy Nearby will encourage shoppers to participate in the excitement of I Buy Nearby Weekend, which will demonstrate that buying nearby can be fun and rewarding to local communities and consumers; now, therefore, be it Resolved by the Senate, That October 1 - 2, 2016, be hereby commemorated as I Buy Nearby Weekend in the state of Michigan; and be it further Resolved, That the people of the state of Michigan are encouraged to buy nearby on this weekend and every day. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Brandenburg, Hansen, O’Brien, Proos, Booher and Bieda were named co‑sponsors of the resolution. enator MacGregor offered the following resolution: S Senate Resolution No. 204. A resolution to urge the U.S. Congress to pass the Americans with Disabilities Act (ADA) Education and Reform Act of 2015. Whereas, The ADA was enacted in 1990 to improve access and equality for disabled Americans. After 25 years in effect, the integrity of the ADA is in question because of the onslaught of lawsuits against small businesses due to minor and correctable infractions; and Whereas, Small businesses provide goods and services that are vital to our economy and it is important that every effort is made to ensure disabled Americans have access to those goods and services. When there are minor and easily correctable ADA infractions, small businesses are increasingly being faced with lawsuits by individuals; and Whereas, The threat or actual occurrence of a lawsuit places small business in the dilemma of choosing whether to settle the suit or face the potentially exorbitant cost of litigation in terms of both time and money. Additionally, plaintiffs who abuse the ADA system often file multiple cases, many with businesses and properties; and Whereas, The ADA Education and Reform Act of 2015 proposes to provide business owners an opportunity to remedy alleged ADA violations before facing the cost of legal fees. The act would provide business owners a 120-day window within which to make the public accommodation corrections that they were cited for under the ADA. It restores the ADA to its original purpose of enabling access and accommodation to disabled Americans; now, therefore, be it Resolved, That we, the Senators of the 98th Legislature of the state of Michigan, on behalf of all citizens of this state, respectfully urge the U.S. Congress to pass the Americans with Disabilities Act (ADA) Education and Reform Act of 2015; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations. Senators Brandenburg, Hansen, O’Brien, Proos and Booher were named co‑sponsors of the resolution. enators Ananich, Bieda, Young, Gregory, Hertel, Hopgood and Hood offered the following resolution: S Senate Resolution No. 205. A resolution to declare September 15 - October 15, 2016, as Hispanic Heritage Month. Whereas, This month represents the anniversary of independence for Chile, Costa Rica, El Salvador, Guatemala, Honduras, Mexico, and Nicaragua; and Whereas, Each year the United States recognizes the economic, cultural and social contributions that Spanish-speaking peoples have brought to our nation including the gifts of law, religion, agriculture, art, music, education, technology, archi­ tecture, cuisine, theater, and exploration; and Whereas, Michigan is fortunate to count among its population a large concentration of citizens of Spanish and Latin American descent—including those who have lived in Michigan for generations and those who are new to the Great Lakes State—who contribute to Michigan’s economy and society through their commitment to professions, commerce, and the arts; and Whereas, Time and again throughout our nation’s history, Hispanic-Americans have had a profound influence on our country through their strong commitment to family, faith, and service; and Whereas, During the month spanning from September 15 - October 15, Michigan’s Hispanic-American community will celebrate Hispanic Heritage Month through a series of special programs featuring Hispanic history, food, dance, and art; now, therefore, be it No. 65] [September 21, 2016] JOURNAL OF THE SENATE 1577 Resolved by the Michigan Senate, that the members of this legislative body declare September 15 - October 15, 2016, as Hispanic Heritage Month in the state of Michigan. We encourage all citizens to recognize and applaud the many contri­ butions made by these individuals to enhance the quality of life in this state. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators, Brandenburg, O’Brien, Proos, Booher and Warren were named co‑sponsors of the resolution. Senators Schmidt, Jones, Knollenberg, Proos, Robertson, Bieda, Brandenburg, Hansen, Booher, Emmons, Ananich, MacGregor, Stamas, Zorn and Marleau offered the following resolution: Senate Resolution No. 206. A resolution to declare October 2016 as Down Syndrome Awareness Month. Whereas, Approximately one in every 800 children are born with Down syndrome, representing approximately 150 births per year in Michigan and 5,000 per year in the United States; and Whereas, While research and early intervention have resulted in dramatic improvements in the lifespan and potential of those who are affected, more investigation is needed in the causes and treatment of Down syndrome; and Whereas, People with Down syndrome possess a wide range of abilities, and are active participants in educational, occupational, social, and recreational circles of the community: and Whereas, Developed by the National Down Syndrome Society in 1995, the Buddy Walk is an annual event in cities across Michigan and the United States that celebrates the accomplishments of children and adults with Down syndrome; and Whereas, Down syndrome associations throughout Michigan support families who have children with disabilities, and special healthcare needs and desires to increase the support network, services, and acceptance through advocacy and education for those with Down syndrome across our state; and Whereas, The goal of the Buddy Walk is to promote acceptance and inclusion of people with Down syndrome while raising funds for local programs and national advocacy efforts; now, therefore be it Resolved by the Senate, That the members of this legislative body declare October 2016 as Down Syndrome Awareness Month and encourage all communities in Michigan to work together to promote the awareness, acceptance, and inclusion of individuals with Down syndrome in education, employment, and community involvement, and to celebrate the accom­ plishments of all individuals and their families. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators O’Brien and Warren were named co‑sponsors of the resolution. enator Casperson offered the following resolution: S Senate Resolution No. 207. A resolution to declare September 2016 as Pulmonary Fibrosis Awareness Month in the state of Michigan. Whereas, Pulmonary fibrosis is a debilitating and ultimately fatal condition that causes progressive scarring in the lungs with no known cure available; and Whereas, Many cases of pulmonary fibrosis are misdiagnosed or underdiagnosed; and Whereas, The symptoms of pulmonary fibrosis vary from person to person and include shortness of breath, a dry cough, fatigue, weight loss, and aching muscles and joints; and Whereas, Volunteers, researchers, caregivers, and medical professionals are working to improve the quality of life for individuals with pulmonary fibrosis and the families of those individuals; and Whereas, Developing more effective treatments for pulmonary fibrosis and providing access to quality care to individuals with pulmonary fibrosis requires increased research, education, and community support services; and Whereas, The average survival rate is 3 to 5 years after diagnosis. Approximately every passing 13 minutes, pulmonary fibrosis claims one life like that of Mary Ann Nord, who lost her life to the disease after a courageous fight and for whom this resolution is offered in her honor; now therefore, be it Resolved by the Senate, That the members of this legislative body declare September 2016 as Pulmonary Fibrosis Month in the state of Michigan. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Brandenburg, Hansen, O’Brien, Proos, Booher, Bieda and Warren were named co‑sponsors of the resolution. 1578 JOURNAL OF THE SENATE [September 21, 2016] [No. 65 enators Booher and Green offered the following resolution: S Senate Resolution No. 208. A resolution recognizing GreenStone Farm Credit Services on the occasion of the 100th Anniversary of the establishment of the Farm Credit System. Whereas, On July 17, 1916, President Woodrow Wilson signed into law the Federal Farm Loan Act (chapter 245, 39 Stat 360), which established the Farm Credit System; and Whereas, Agriculture’s impact on the lives of people throughout the world cannot be overstated, influencing more than simply what consumers eat for dinner, such as clothing and materials used at work and school; and Whereas, The Farm Credit System plays an important role in the success of Michigan agriculture and economic vibrancy of rural communities throughout the state; and Whereas, The agriculture industry contributes around $100 billion annually to the state’s economy, with more than 50,000 farms employing hundreds of thousands of people across Michigan; and Whereas, GreenStone Farm Credit Services, organized as a cooperative, is the largest agricultural lender in the state of Michigan, with nearly 24,000 members and 36 branches throughout its territory, managing nearly $8 billion in assets; and Whereas, Supporting rural communities and agriculture in Michigan, GreenStone Farm Credit Services provides reliable, consistent, competitive credit and financial services. This includes loans, equipment and building leases, life insurance, crop insurance, accounting services, and tax services; and Whereas, GreenStone Farm Credit Services is committed to continuing a tradition of assisting farmers and rural commun­ities through its promotion of agricultural organizations that mentor the next generation of farmers, such as 4-H, Future Farmers of America, and the Farm Forward Mentorship program; and Whereas, GreenStone Farm Credit Services is an important part of the national Farm Credit System that helps rural com­ munities and agriculture grow and thrive by financing vital infrastructure and communication services; and provides farmers with the capital they need to make their businesses successful; now, therefore, be it Resolved by the Senate, That we hereby recognize GreenStone Farm Credit Services on the 100th Anniversary of the establishment of the Farm Credit System; and be it further Resolved, That we offer this expression of highest tribute to GreenStone Farm Credit Services and its employees for their consistent support of agriculture and rural communities in the state of Michigan; and be it further Resolved, That a copy of this resolution be transmitted to GreenStone Farm Credit Services, the Farm Credit System, the United States Farm Credit Administration, the United States Department of Agriculture, and the Michigan Department of Agriculture and Rural Development as evidence of our highest esteem. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Brandenburg, Hansen, O’Brien, Proos and Bieda were named co‑sponsors of the resolution. Senators Warren, Rocca, Bieda, Ananich, Hood, Knezek, Gregory, Hopgood, Emmons and Marleau offered the following resolution: Senate Resolution No. 209. A resolution to commemorate September 26, 2016, as Diffuse Intrinsic Pontine Glioma Awareness Day. Whereas, Diffuse intrinsic pontine glioma (DIPG) is a fatal form of brain cancer affecting 200 to 400 school-age children in the United States each year; and Whereas, Chad Carr, the 5-year-old son of Tammi and Jason Carr of Ann Arbor, Michigan, died of DIPG on November 23, 2015; and Whereas, Chad, being the grandson of both former University of Michigan football coach Lloyd Carr and former University of Michigan All-American defensive back Tom Curtis and son of Jason Carr, former University of Michigan quarterback, galvanized not only the football program, but also the whole state of Michigan around his fight with DIPG; and Whereas, Chad’s mother Tammi, along with her husband Jason, took it upon themselves in the midst of their family tragedy to create the ChadTough Foundation to spread awareness and news about DIPG, increase research efforts, and raise money to support research into DIPG and pediatric brain tumors; and Whereas, The 14-month struggle Chad and his family endured following his DIPG diagnosis has inspired the public to donate more than $1 million to pediatric cancer research through the ChadTough Foundation and the ChadTough Fund at the University of Michigan C.S. Mott Children’s Hospital; and Whereas, Chad inspired even famed football rivals University of Michigan, Michigan State University, and Ohio State University to work together to support DIPG awareness; and Whereas, DIPG tumors grow into the parts of the brain stem that control the functions necessary for life and are thus inoperable; and No. 65] [September 21, 2016] JOURNAL OF THE SENATE 1579 hereas, DIPG is one of the most resistant of all cancers to chemotherapy treatments; and W Whereas, Unlike with many other pediatric cancers, there has been little progress in improving treatments and cure rates for DIPG over the last few decades, such that the five-year survival rate for DIPG is less than 1 percent; and Whereas, The causes of DIPG are unknown; and Whereas, As representatives and leaders of all Michiganders, it should be incumbent upon us to carry on the fight against DIPG for Chad’s family and all those affected by the disease; and Whereas, Chad Carr would have celebrated his sixth birthday on September 26, 2016; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate September 26, 2016, as Diffuse Intrinsic Pontine Glioma Awareness Day in the state of Michigan in honor of Chad Carr. We urge increased public awareness and increased funding for research into the prevention and cure of this deadly childhood disease. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Brandenburg, Hansen, O’Brien, Proos and Booher were named co‑sponsors of the resolution. Senator Warren asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Warren’s statement is as follows: Senate Resolution No. 209 would declare next Monday, September 26th, as Diffuse Intrinsic Pontine Glioma (DIPG) Awareness Day in the state of Michigan. Some of you remember the story of Chad Carr, a young constituent of mine who is the son of Jason and Tammi Carr. They met while they were students at the University of Michigan and Jason was the quarterback of the football team. Chad is the grandson of both the former University of Michigan coach Lloyd Carr and former University of Michigan All-American defensive back Tom Curtis. In September of 2014, Chad became of the very small number of school age children who are diagnosed with DIPG in the United States every year. DIPG is virtually always fatal. It is typically inoperable and is one of the most resistant types of cancer to chemotherapy treatment. After Chad was diagnosed, he and his family fought his tumor for 14 months. His struggle inspired the football team at the University of Michigan, Michigan State University, and Ohio State University to come together to fight to increase awareness of DIPG. Chad’s remarkable parents, Tammi and Jason, took it upon themselves to create the ChadTough Founda­ tion to spread awareness, to increase the research efforts and to raise money to support research into DIPG and other pediatric brain cancers. To date, the ChadTough Foundation and the ChadTough Fund at the University of Michigan C.S. Mott Children’s Hospital have raised for than $1 million to support pediatric cancer research. September 26, 2016, next Monday, would have been Chad’s 6th birthday. He succumbed to DIPG. I hope you would join me in recognizing his memory by supporting this resolution and encouraging others to help raise awareness of DIPG in the state of Michigan and around this country, so that we can someday find a cure. enator Young offered the following resolution: S Senate Resolution No. 210. A resolution recognizing Sisters Network® Inc.’s 15th National African American Breast Cancer Conference in Detroit on October 21st, 2016. Whereas, Sisters Network® Inc. (SNI) is a leading voice and the only national African American breast cancer survivor­ ship organization in the United States, supported by survivor-run affiliate chapters nationwide. Whereas, SNI is governed by an elected Board of Directors and assisted by an appointed Medical Advisory Board; and Whereas, The organizations’ national slogan, “STOP THE SILENCE®,” speaks directly to the African American community and its long standing history of not discussing cancer and other life threatening health concerns; and Whereas, The organization’s trademark and successful national community based outreach programs are the Gift for Life Block Walk® and the Pink Ribbon Awareness Initiative; and Whereas, These initiatives are implemented through Sisters’ affiliate chapters and are generously underwritten through corporate and community partnerships, and private contributions; and Whereas, In April 2010, SNI made history by hosting the First National African American Breast Cancer 5K Walk/Run in Houston, Texas; and Whereas, In April of 2012, The Stop the Silence® 5K Walk/Run attracted over 6,500 participants from cities across the United States. Funds raised from Stop the Silence® benefit Sisters Network® Inc. Breast Cancer Assistance Program; and 1580 JOURNAL OF THE SENATE [September 21, 2016] [No. 65 Whereas, The pink ribbon is the national symbol for breast cancer awareness, SNI has initiated the Pink Ribbon Awareness Campaign. The focus of this outreach is to increase the number of women obtaining mammograms and heighten their general knowledge of breast cancer; and Whereas, SNI’s affiliate chapter members and community volunteers disseminate information on breast cancer to African Americans all across the United States; and Whereas, This great sisterhood has established a nationally recognized program through SNI; now, therefore be it Resolved by the Senate, That the members of this body recognize Sisters Network® Inc. on October 21st, 2016; and be it further Resolved, That the Michigan Senate send a copy of this resolution to Karen E. Jackson, Founder and CEO of Sisters Network® Inc. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Brandenburg, Hansen, O’Brien, Proos, Booher, Bieda and Warren were named co‑sponsors of the resolution. enator Proos offered the following resolution: S Senate Resolution No. 211. A resolution to declare September 2016 as Childhood Cancer Awareness Month. Whereas, Thousands of children under the age of 15 are diagnosed with pediatric cancer every year; and Whereas, Children’s cancer affects all ethnic, gender, and socio-economic groups; and Whereas, Over the past few years, we have made great strides in the fight against pediatric cancer. With significant advances in treatment over the last 30 years, the combined 5-year survival rate for children with cancer increased by more than 20 percentage points; and Whereas, Cancer is still the leading cause of death by disease for American children, despite significant advances in treatment that have resulted in a cure or long-term remission for a substantial proportion of children with cancer; and Whereas, Increased awareness, support, and study may help to further improve these statistics and further protect our children from these serious diseases; and Whereas, We should renew our commitment to curing childhood cancer and offer our support to the brave young people who are fighting this disease; and Whereas, To honor the memory of every young person lost to cancer, we must unite behind improved treatment, advanced research, and brighter futures for young people everywhere; and Whereas, We also recognize the amazing strength of the families of the children who suffer from this illness; and Whereas, the ability of many such families to turn their grief into positive action for other children who have been diagnosed with cancer is truly inspirational; and Whereas, All children deserve the chance to dream, discover, and realize their full potential; now, therefore be it Resolved by the Senate, That the members of this legislative body declare September 2016 as Childhood Cancer Awareness Month in the state of Michigan; and be it further Resolved, That this month, and every month, we extend our support to young people fighting for that opportunity and recognize all who commit themselves to advancing toward the goal of a cancer-free world. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Brandenburg, Hansen, O’Brien, Booher, Bieda and Warren were named co‑sponsors of the resolution. Senator Proos asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Proos’ statement is as follows: I rise today in support of Senate Resolution No. 211, and also in support of the Senator from the 18th District resolution, Senate Resolution No. 209. As you may know, September is Childhood Cancer Awareness Month. I am asking for support from all of the members of this body to raise awareness regarding childhood cancer. Madam President, every day in Southwest Michigan, and in fact, throughout all of our great state the scourge of cancer impacts our families. It has impacted mine and I am sure, it has impacted yours, and each of you, as members of this chamber, taking our loved ones far too soon. No. 65] [September 21, 2016] JOURNAL OF THE SENATE 1581 In fact, just today, one of my interns called in to say that she is headed home to Buchanan, Michigan from her time at Michigan State University and interning in my office, because her mother is going through treatments for a third time for cancer. We have all been touched by this tragic disease. So as we look to this resolution, we specifically focus on the tragedy of childhood cancer in our communities and the fact that it is the least funded of all of the cancers in the United States. In my hometown, in fact, the entire community walked hand in hand with little Alex Mandarino during his fight against Neuroblastoma, one of the more deadly diseases in childhood cancer. His father, Tony, and his mother, Katie, walked hand in hand throughout that entire battle and watched him pass away, courageously bringing awareness to all of us. They did not stand by and wish that it had not happened to them, but instead they started a foundation. In Alex’s name they host a Duck Race every year and they raise tens of thousands of dollars for that childhood cancer research. But they also touch many other lives, and in fact, I just recently learned that Jacob Beckley on Friday, September 30th, now Jacob you would not know his name necessarily but on Channel 9 News he has become well-known in the Chicago area. A self-described disc jockey out of Chicago, his intent is to row a hand-made boat across Lake Michigan to raise aware­ ness for cancer research. Those 65 miles non-stop beginning September 30th, in this Port of St. Joseph will end in the Port of Chicago. Raising awareness for childhood cancer and specifically, Neuroblastoma. This brave endeavor is intended to raise additional money and awareness for Lurie Childrens Hospital in Chicago. It will raise money for all of those families who are touched by this terrible disease. As Jake recently stated on Channel 9 News and Channel 3 News this past weekend in Chicago, during the 24 hours that it will take him to row across Lake Michigan, two children will die from Neuroblastoma. Madam President, the bravery of Alex Mandarino and his family in Southwest Michigan, the spirit of adventure and dedication of Jake Beckley, and those children affected by childhood cancer should make all of us pause to remember and to stand up to this awful disease. On behalf of the families of Southwest Michigan and throughout our great state, we wish Jake well, we wish him safe passage, and we thank him for his dedication to raising awareness. We look forward to his landing in Chicago after 65 miles of non-stop crossing of Lake Michigan, and we all look forward to the day that childhood cancer is never a part of our discussion. Senators Warren, Rocca, Knezek, Bieda, Ananich, Hood, Gregory, Young, Hopgood, Emmons and Marleau offered the following concurrent resolution: Senate Concurrent Resolution No. 31. A concurrent resolution to urge the United States Congress as well as the state of Michigan to increase funding for Diffuse Intrinsic Pontine Glioma research. Whereas, Diffuse Intrinsic Pontine Glioma (DIPG) is a fatal brain cancer affecting 200 to 400 school-aged children in the United States each year. The most resistant to chemotherapy of all cancers, DIPG tumors grow into parts of the brain stem that control the functions necessary for life. Tragically, it is highly aggressive and inoperable; and Whereas, Although cancer is the number one killer of children in the United States, funding focused on pediatric cancer comprises only a small percentage of federal investment in cancer research. Funding has continued to decline primarily due to statistics that indicate an 80% cure rate. The data, however, is misleading and does not consider cancers like DIPG that have not experienced advances in cure rates; and Whereas, Current research into a cure for DIPG needs additional funding to advance the efforts already undertaken. The National Institute of Neurological Disorders and Stroke (NINDS), a part of the National Institutes of Health (NIH), is supporting the study of drugs that may be used to treat DIPG. Their efforts provide a glimmer of hope in the search for new treatments for this disease that is stealing young lives; now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That we urge the Congress of the United States as well as the state of Michigan to increase funding for Diffuse Intrinsic Pontine Glioma research; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The concurrent resolution was adopted. Senators Brandenburg, Hansen and Proos were named co‑sponsors of the concurrent resolution. enator Kowall moved that rule 3.902 be suspended to allow the guest of Senator Jones admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. 1582 JOURNAL OF THE SENATE [September 21, 2016] [No. 65 By unanimous consent the Senate returned to the order of Motions and Communications enator Kowall moved that rule 2.106 be suspended to allow committees to meet during Senate session. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess until 3:00 p.m. S The motion prevailed, the time being 12:02 p.m. The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Sena­ tor Schuitmaker. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 3:01 p.m. 3:22 p.m. The Senate was called to order by the President pro tempore, Senator O’Brien. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator O’Brien, designated Senator Schmidt as Chairperson. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 732, entitled A bill to amend 1895 PA 1, entitled “An act to provide for the incorporation of Masonic Associations; and to impose certain duties upon the department of commerce,” (MCL 457.221 to 457.227) by adding section 4a. Senate Bill No. 316, entitled A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 3 (MCL 15.263), as amended by 1988 PA 278. House Bill No. 5106, entitled A bill to amend 1967 PA 150, entitled “Michigan military act,” by amending section 151 (MCL 32.551), as amended by 2013 PA 99. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 1026, entitled A bill to provide for the establishment of certain tax increment finance authorities; to prescribe the powers and duties of the authorities; to correct and prevent deterioration in residential, commercial, and industrial areas and certain other areas; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans and development areas; to promote residential and economic growth; to create certain boards; to prescribe the powers and duties of certain boards; to authorize the issuance of bonds and other evidences of indebtedness; to levy certain taxes; to authorize the use of tax increment financing; to prescribe powers and No. 65] [September 21, 2016] JOURNAL OF THE SENATE 1583 duties of certain state officials; to provide for rule promulgation; to provide for enforcement of this act; and to repeal acts and parts of acts. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 866, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11701, 12102, 16901, 44501, and 82101 (MCL 324.11701, 324.12102, 324.16901, 324.44501, and 324.82101), section 11701 as amended by 2005 PA 199, section 12102 as amended by 2015 PA 224, section 16901 as amended by 2014 PA 543, section 44501 as amended by 2012 PA 294, and section 82101 as amended by 2014 PA 404. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 867, entitled A bill to amend 1996 PA 195, entitled “Police officer’s and fire fighter’s survivor tuition grant act,” by amending section 2 (MCL 390.1242), as amended by 2012 PA 470. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 868, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 2950 and 2950a (MCL 600.2950 and 600.2950a), section 2950 as amended by 2001 PA 200 and section 2950a as amended by 2010 PA 19. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending sections 2950 and 2950a (MCL 600.2950 and 600.2950a), section 2950 as amended by 2016 PA 94 and section 2950a as amended by 2010 PA 19. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 515 Ananich Bieda Yeas—35 Hertel Kowall Rocca Hildenbrand MacGregor Schmidt 1584 JOURNAL OF THE SENATE [September 21, 2016] [No. 65 Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Stamas Colbeck Hune O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Knollenberg Robertson Nays—0 Excused—2 Emmons Johnson Not Voting—0 In The Chair: O’Brien he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 869, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 528a (MCL 750.528a), as amended by 2015 PA 26. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 956, entitled A bill to amend 1993 PA 327, entitled “Tobacco products tax act,” by amending section 12 (MCL 205.432), as amended by 2014 PA 272. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 1007, entitled A bill to amend 2012 PA 101, entitled “Autism coverage reimbursement act,” by amending section 7 (MCL 550.1837). The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. No. 65] [September 21, 2016] JOURNAL OF THE SENATE 1585 House Bill No. 5291, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 20, 25e, 61a, 61c, 98, 99h, 99t, and 104c (MCL 388.1620, 388.1625e, 388.1661a, 388.1661c, 388.1698, 388.1699h, 388.1699t, and 388.1704c), sections 20, 25e, 61a, 98, 99h, and 104c as amended and section 99t as added by 2016 PA 249. The House of Representatives has amended the Senate substitute (S-3) as follows: 1. Amend page 14, line 9, by striking out all of section 25e and inserting: “Sec. 25e. (1) The pupil membership transfer application and pupil transfer process administered by the center under this section shall be used for processing pupil transfers. associated with strict discipline academies. (2) If a pupil counted in membership for the pupil membership count day transfers from a district or intermediate district to enroll in a strict discipline academy ANOTHER DISTRICT OR INTERMEDIATE DISTRICT after the pupil membership count day and before the supplemental count day and, due to the pupil’s enrollment and attendance status as of the pupil membership count day, the pupil was not counted in membership in the educating strict discipline academy, DISTRICT OR INTERMEDIATE DISTRICT, the educating strict discipline academy DISTRICT OR INTERMEDIATE DISTRICT may report the enrollment and attendance information to the center through the pupil transfer process within 30 days after the transfer or within 30 days after the pupil membership count certification date, whichever is later. Pupil transfers may be submitted no earlier than the first day after the certification deadline for the pupil membership count day and before the supplemental count day. Upon receipt of the transfer information under this subsection indicating that a pupil has enrolled and is in attendance in an educating strict discipline academy DISTRICT OR INTERMEDIATE DISTRICT as described in this subsection, the pupil transfer process shall do the following: (a) Notify the district in which the pupil was previously enrolled. (b) Notify both the pupil auditing staff of the intermediate district in which the educating strict discipline academy DISTRICT is located and the pupil auditing staff of the intermediate district in which the district that previously enrolled the pupil is located. The pupil auditing staff shall investigate a representative sample based on required audit sample sizes in the pupil auditing manual and may deny the pupil membership transfer. (c) Aggregate the districtwide changes and notify the department for use in adjusting the state aid payment system. (3) The department shall do all of the following: (a) Adjust the membership calculation for each district or intermediate district in which the pupil was previously counted in membership or that previously received an adjustment in its membership calculation under this section due to a change in the pupil’s enrollment and attendance so that the district’s or intermediate district’s membership is prorated to allow the district or intermediate district to receive for each school day, as determined by the financial calendar furnished by the center, in which the pupil was enrolled and in attendance in the district or intermediate district an amount equal to 1/105 of a full-time equated membership claimed in the fall pupil membership count. The district or intermediate district shall receive a prorated foundation allowance in an amount equal to the product of the adjustment under this subdivision for the district or intermediate district multiplied by the foundation allowance or per-pupil payment as calculated under section 20 for the district or intermediate district. The foundation allowance or per-pupil payment shall be adjusted by the pupil’s full-time equated status as affected by the membership definition under section 6(4). (b) Adjust the membership calculation for the educating strict discipline academy DISTRICT OR INTERMEDIATE DISTRICT in which the pupil is enrolled and is in attendance so that the strict discipline academy’s DISTRICT’S OR INTERMEDIATE DISTRICT’S membership is increased to allow the strict discipline academy DISTRICT OR INTERMEDIATE DISTRICT to receive an amount equal to the difference between the full-time equated membership claimed in the fall pupil membership count and the sum of the adjustments calculated under subdivision (a) for each district or intermediate district in which the pupil was previously enrolled and in attendance. The educating strict discipline academy DISTRICT OR INTERMEDIATE DISTRICT shall receive a prorated foundation allowance in an amount equal to the product of the adjustment under this subdivision for the educating strict discipline academy DISTRICT OR INTERMEDIATE DISTRICT multiplied by the per-pupil payment as calculated under section 20 for the educating strict discipline academy. DISTRICT OR INTERMEDIATE DISTRICT. The FOUNDATION ALLOWANCE OR per-pupil payment shall be adjusted by the pupil’s full-time equated status as affected by the membership definition under section 6(4). (4) The changes in calculation of state school aid required under subsection (3) shall take effect as of the date that the pupil becomes enrolled and in attendance in the educating strict discipline academy, DISTRICT OR INTERMEDIATE DISTRICT, and the department shall base all subsequent payments under this article for the fiscal year to the affected districts or intermediate districts on this recalculation of state school aid. (5) If a pupil enrolls in an educating strict discipline academy DISTRICT OR INTERMEDIATE DISTRICT as described in subsection (2), the district or intermediate district in which the pupil is counted in membership or another educating strict discipline academy DISTRICT OR INTERMEDIATE DISTRICT that received an adjustment in its membership calculation under subsection (3), if any, and the educating strict discipline academy DISTRICT OR INTERMEDIATE DISTRICT shall provide to the center and the department all information they require to comply with this section. 1586 JOURNAL OF THE SENATE [September 21, 2016] [No. 65 (6) The portion of the full-time equated pupil membership for which a pupil is enrolled in 1 or more online courses under section 21f shall not be counted or transferred under the pupil transfer process under this section. (7) It is the intent of the legislature that the center determine the number of pupils who did not reside in this state as of the 2018-2019 pupil membership count day but who newly enrolled in a district or intermediate district after that pupil membership count day and before the 2018-2019 supplemental count day. It is the intent of the legislature that the center further determine the number of pupils who were counted in membership for the 2018-2019 pupil membership count day but who left this state before the 2018-2019 supplemental count day. In 2019-2020, the center shall provide a report to the senate and house appropriations subcommittees on state school aid, and to the senate and house fiscal agencies, detailing the number of pupils transferring in from another state or transferring out from this state between the pupil membership count day and supplemental count day as described in this subsection. The center shall include in the report a discussion of benefits and obstacles to developing a pupil enrollment process for pupils who newly enroll in a district or intermediate district after the pupil membership count day and before the supplemental count day, and developing a process for deducting pupils who were counted on the pupil membership count day and transfer out of this state before the supplemental count day. (8) As used in this section: (a) “Educating strict discipline academy” DISTRICT OR INTERMEDIATE DISTRICT” means the strict discipline academy DISTRICT OR INTERMEDIATE DISTRICT in which a pupil enrolls after the pupil membership count day or after an adjustment was made in another district’s or intermediate district’s membership calculation under this section due to the pupil’s enrollment and attendance. (b) “Pupil” means that term as defined under section 6 and also children receiving early childhood special education programs and services. (c) “Strict discipline academy” means a strict discipline academy operating under sections 1311b to 1311m of the revised school code, MCL 380.1311b to 380.1311m.”. 2. Amend page 39, following line 22, by inserting: “Enacting section 1. This amendatory act takes effect October 1, 2016.”. The House of Representatives has concurred in the Senate substitute (S-3) as amended. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the House amendments made to the Senate substitute, The amendments to the substitute were concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 516 Yeas—35 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Stamas Colbeck Hune O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Knollenberg Robertson Nays—0 Excused—2 Emmons Johnson In The Chair: O’Brien Not Voting—0 No. 65] [September 21, 2016] JOURNAL OF THE SENATE 1587 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. Senate Bill No. 218, entitled A bill to amend 2004 PA 46, entitled “Public safety officers benefit act,” by amending the title and section 2 (MCL 28.632) and by adding section 4a. The House of Representatives has substituted (H-4) the bill. The House of Representatives has passed the bill as substituted (H-4), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. Senator Schmidt offered the following amendments to the substitute: 1. Amend page 4, line 8, after “INJURY” by inserting “THAT IS”. 2. Amend page 4, line 9, after “AFTER” by striking out the balance of the line through “SECTION” on line 10 and inserting “OCTOBER 1, 2015”. 3. Amend page 4, line 18, after “AFTER” by inserting “THE LATER OF”. 4. Amend page 4, line 19, after “DEATH” by inserting “OR THE EFFECTIVE DATE OF THIS SECTION”. 5. Amend page 6, line 4, by striking out all of enacting section 1. The amendments to the substitute were adopted. The question being on concurring in the House substitute as amended, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 517 Yeas—35 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Stamas Colbeck Hune O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Knollenberg Robertson Nays—0 Excused—2 Emmons Johnson Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. Senators Booher, Green, Hansen, Hertel, Hopgood, Hune, Knollenberg, Kowall, Marleau, Meekhof, Pavlov, Robertson, Shirkey, Stamas, Warren and Young were named co‑sponsors of the bill. The motion prevailed. 1588 JOURNAL OF THE SENATE [September 21, 2016] [No. 65 By unanimous consent the Senate proceeded to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage: Senate Bill No. 316 House Bill No. 5106 The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 881 House Bill No. 4580 Senate Bill No. 448 Senate Bill No. 958 Senate Bill No. 570 Senate Bill No. 742 Senate Bill No. 1021 Senate Bill No. 1022 Senate Bill No. 1045 Senate Bill No. 1015 Senate Bill No. 1016 Senate Bill No. 1025 Senate Bill No. 316 House Bill No. 5106 The motion prevailed. The following bill was read a third time: Senate Bill No. 881, entitled A bill to authorize the department of technology, management, and budget to convey parcels of state-owned property in Baraga, Bay, Calhoun, Gratiot, Lenawee, Manistee, and Van Buren Counties; to prescribe conditions for the conveyances; to provide for powers and duties of state departments, agencies, and officers in regard to the property; and to provide for disposition of revenue derived from the conveyances. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 518 Yeas—35 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Stamas Colbeck Hune O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Knollenberg Robertson Nays—0 Excused—2 Emmons Johnson No. 65] [September 21, 2016] JOURNAL OF THE SENATE 1589 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4580, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9f (MCL 211.9f), as amended by 2016 PA 108. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 519 Yeas—35 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Stamas Colbeck Hune O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Knollenberg Robertson Nays—0 Excused—2 Emmons Johnson Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. 1590 JOURNAL OF THE SENATE [September 21, 2016] [No. 65 The following bill was read a third time: Senate Bill No. 448, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 233 (MCL 436.1233). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 520 Yeas—34 Ananich Hertel Kowall Robertson Bieda Hildenbrand MacGregor Rocca Booher Hood Marleau Schmidt Brandenburg Hopgood Meekhof Schuitmaker Casperson Horn Nofs Shirkey Colbeck Hune O’Brien Stamas Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Knollenberg Nays—1 Warren Excused—2 Emmons Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 958, entitled A bill to amend 1982 PA 432, entitled “Motor bus transportation act,” by amending section 23 (MCL 474.123), as amended by 1989 PA 233. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 521 Yeas—35 Ananich Hertel Bieda Hildenbrand Booher Hood Brandenburg Hopgood Casperson Horn Colbeck Hune Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren No. 65] [September 21, 2016] JOURNAL OF THE SENATE 1591 Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Knollenberg Robertson Nays—0 Excused—2 Emmons Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 570, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7o (MCL 211.7o), as amended by 2006 PA 681. The question being on the passage of the bill, Senator Knezek offered the following amendment: 1. Amend page 8, following line 16, by inserting: “Enacting section 1. The legislature shall annually appropriate sufficient funds from the state general fund to the state school aid fund created in section 11 of article IX of the state constitution of 1963 to fully compensate for any loss of revenue to the state school aid fund resulting from the enactment of this amendatory act.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 522 Yeas—12 Ananich Hertel Bieda Hood Gregory Hopgood Horn Rocca Knezek Warren O’Brien Young Nays—20 Booher Hune Marleau Schmidt Brandenburg Jones Nofs Schuitmaker Casperson Knollenberg Pavlov Shirkey Green Kowall Proos Stamas Hansen MacGregor Robertson Zorn Excused—2 Emmons Johnson 1592 JOURNAL OF THE SENATE [September 21, 2016] [No. 65 Not Voting—3 Colbeck Hildenbrand Meekhof In The Chair: O’Brien he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 523 Yeas—24 Brandenburg Hune Meekhof Rocca Casperson Jones Nofs Schmidt Green Knollenberg O’Brien Schuitmaker Hansen Kowall Pavlov Shirkey Hildenbrand MacGregor Proos Stamas Horn Marleau Robertson Zorn Nays—10 Ananich Colbeck Hopgood Warren Bieda Gregory Knezek Young Booher Hertel Excused—2 Emmons Johnson Not Voting—1 Hood In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 742, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 931, 937, 940, and 946 (MCL 600.931, 600.937, 600.940, and 600.946), section 931 as amended by 2000 PA 86, and by adding section 945. The question being on the passage of the bill, Senator Rocca offered the following amendments: 1. Amend page 1, line 8, after “to” by striking out “SUBSECTIONS (3) AND (4),” and inserting “subsection (3),”. 2. Amend page 2, line 1, after “is” by striking out the balance of the subdivision and inserting “$150.00.”. 3. Amend page 2, line 6, after “IS” by striking out the balance of the subdivision and inserting “$75.00.”. No. 65] [September 21, 2016] JOURNAL OF THE SENATE 1593 4. Amend page 2, line 10, after “IS” by striking out the balance of the subdivision and inserting “$150.00.”. 5. Amend page 2, line 13, after “is” by striking out the balance of the subdivision and inserting “$300.00.”. 6. Amend page 2, line 18, after “is” by striking out “$100.00” and inserting “$75.00”. 7. Amend page 2, line 19, after “(3)” by striking out “SUBJECT TO SUBSECTION (4), THE” and inserting “The”. 8. Amend page 2, line 25, after “$400.00.” by striking out “$600.00” and inserting “$300.00”. 9. Amend page 3, line 2, after “$300.00.” by striking out “$500.00” and inserting “$200.00”. 10. Amend page 3, line 4, after “THAN” by striking out “$500.00” and inserting “$200.00”. 11. Amend page 3, line 7, after “$800.00.” by striking out “$1,500.00” and inserting “$700.00”. 12. Amend page 3, line 8, by striking out all of subsection (4) and renumbering the remaining subsection. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Rocca requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were adopted, a majority of the members serving voting therefor, as follows: Roll Call No. 524 Yeas—20 Ananich Hood Marleau Rocca Bieda Hopgood Nofs Schuitmaker Brandenburg Horn O’Brien Warren Gregory Hune Proos Young Hertel Knezek Robertson Zorn Nays—15 Booher Casperson Colbeck Green Hansen Kowall Schmidt Hildenbrand MacGregor Shirkey Jones Meekhof Stamas Knollenberg Pavlov Excused—2 Emmons Johnson Not Voting—0 In The Chair: O’Brien enator Kowall moved to reconsider the vote by which the amendments offered by Senator Rocca were adopted. S The question being on the motion to reconsider, Senator Kowall moved that further consideration of the bill be postponed for today. The motion prevailed. The following bill was read a third time: Senate Bill No. 1021, entitled A bill to amend 1975 PA 238, entitled “Child protection law,” by amending sections 2, 7, and 8 (MCL 722.622, 722.627, and 722.628), sections 2 and 7 as amended by 2016 PA 35 and section 8 as amended by 2008 PA 300. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1594 JOURNAL OF THE SENATE [September 21, 2016] Roll Call No. 525 [No. 65 Yeas—35 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Stamas Colbeck Hune O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Knollenberg Robertson Nays—0 Excused—2 Emmons Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1022, entitled A bill to amend 1965 PA 203, entitled “Commission on law enforcement standards act,” (MCL 28.601 to 28.616) by adding sections 9e and 9f. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 526 Yeas—35 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Stamas Colbeck Hune O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Knollenberg Robertson Nays—0 Excused—2 Emmons Johnson No. 65] [September 21, 2016] JOURNAL OF THE SENATE 1595 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1045, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1987 (MCL 600.1987), as added by 2015 PA 231. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 527 Yeas—35 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Stamas Colbeck Hune O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Knollenberg Robertson Nays—0 Excused—2 Emmons Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1015, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16343a and part 182A. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 528 Ananich Bieda Yeas—34 Hildenbrand Hood MacGregor Rocca Marleau Schmidt 1596 JOURNAL OF THE SENATE [September 21, 2016] [No. 65 Booher Hopgood Meekhof Schuitmaker Brandenburg Horn Nofs Shirkey Casperson Hune O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Kowall Nays—1 Colbeck Excused—2 Emmons Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. Senator Warren asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Warren’s statement is as follows: Thank you, Madam President, for the opportunity to speak about Senate Bill Nos. 1015 and 1016 which provide for the licensing of individuals who practice applied behavior analysis and creates an oversight board for their profession. Colleagues, these bills are the follow-up bills to the Autism Insurance Reforms package passed in 2012. They are the culmination of a significant effort to include all relevant stakeholders in this conversation. The good Senator from the 20th District and I sought input from not only the providers of applied behavior analysis therapy, but also from other profes­ sionals whose scope of practice includes one or more related services, and those who are otherwise involved in caring for the population that receives these services. Applied behavior analysis is a form of evidence-based treatment that is commonly used in the treatment of autism spectrum disorders. It includes designing, implementing, and evaluating behavior treatment plans with the goal of increasing life skills and the opportunity for self-determination. It can be used to address skill defects, for example, trouble with interpersonal communication and problem behaviors like aggression. When it is done well, applied behavior analysis results in both an improved quality of life and increased indepen­ dence. By establishing licensure for applied behavior analysis therapists we can help to ensure the treatment that is being provided is of the highest quality level in our state. It is important to note that Senate Bill No. 1015 will not restrict any other licensed professional from engaging in their full, current scope of practice. Instead, what it will do, is protect a very vulnerable population of Michiganders. It will also help to attract and retain qualified professionals who provide these services to our state. I ask for your support for Senate Bill Nos. 1015 and 1016. The following bill was read a third time: Senate Bill No. 1016, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 18255 to part 182A. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 65] [September 21, 2016] JOURNAL OF THE SENATE Roll Call No. 529 1597 Yeas—34 Ananich Hildenbrand MacGregor Rocca Bieda Hood Marleau Schmidt Booher Hopgood Meekhof Schuitmaker Brandenburg Horn Nofs Shirkey Casperson Hune O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Kowall Nays—1 Colbeck Excused—2 Emmons Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1025, entitled A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 1a (MCL 338.881a), as added by 1992 PA 130. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 530 Yeas—34 Ananich Hildenbrand MacGregor Rocca Bieda Hood Marleau Schmidt Booher Hopgood Meekhof Schuitmaker Brandenburg Horn Nofs Shirkey Casperson Hune O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Kowall Nays—1 Colbeck 1598 JOURNAL OF THE SENATE [September 21, 2016] [No. 65 Excused—2 Emmons Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 316, entitled A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 3 (MCL 15.263), as amended by 1988 PA 278. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 531 Yeas—25 Booher Horn Marleau Robertson Brandenburg Hune Meekhof Schmidt Casperson Jones Nofs Schuitmaker Colbeck Knollenberg O’Brien Shirkey Green Kowall Pavlov Stamas Hansen MacGregor Proos Zorn Hildenbrand Nays—10 Ananich Hertel Knezek Warren Bieda Hood Rocca Young Gregory Hopgood Excused—2 Emmons Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. No. 65] [September 21, 2016] JOURNAL OF THE SENATE 1599 The following bill was read a third time: House Bill No. 5106, entitled A bill to amend 1967 PA 150, entitled “Michigan military act,” by amending section 151 (MCL 32.551), as amended by 2013 PA 99. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 532 Yeas—35 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Stamas Colbeck Hune O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Knollenberg Robertson Nays—0 Excused—2 Emmons Johnson Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the militia of this state and its organization, command, personnel, administration, training, supply, discipline, deployment, employment, and retirement; and to repeal acts and parts of acts,”. The Senate agreed to the full title. By unanimous consent the Senate returned to the order of Conference Reports Senator Kowall moved that joint rule 9 be suspended to permit immediate consideration of the conference report relative to the following bill: House Bill No. 4822 The motion prevailed, a majority of the members serving voting therefor. House Bill No. 4822, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1280f. The House of Representatives has adopted the report of the Committee of Conference. 1600 JOURNAL OF THE SENATE [September 21, 2016] [No. 65 The Conference Report was read as follows: FIRST CONFERENCE REPORT The Committee of Conference on the matters of differene between the two Houses concerning House Bill No. 4822, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1280f. Recommends: First: That the House and Senate agree to the Substitute of the Senate as passed by the Senate, amended to read as follows: A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1280f. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: SEC. 1280F. (1) THE DEPARTMENT SHALL DO ALL OF THE FOLLOWING TO HELP ENSURE THAT MORE PUPILS WILL ACHIEVE A SCORE OF AT LEAST PROFICIENT IN ENGLISH LANGUAGE ARTS ON THE GRADE 3 STATE ASSESSMENT: (A) APPROVE 3 OR MORE VALID AND RELIABLE SCREENING, FORMATIVE, AND DIAGNOSTIC READING ASSESSMENT SYSTEMS FOR SELECTION AND USE BY SCHOOL DISTRICTS AND PUBLIC SCHOOL ACADEMIES IN ACCORDANCE WITH THE FOLLOWING: (i) EACH APPROVED ASSESSMENT SYSTEM SHALL PROVIDE A SCREENING ASSESSMENT, MONITORING CAPABILITIES FOR MONITORING PROGRESS TOWARD A GROWTH TARGET, AND A DIAGNOSTIC ASSESSMENT. (ii) IN DETERMINING WHICH ASSESSMENT SYSTEMS TO APPROVE FOR USE BY SCHOOL DISTRICTS AND PUBLIC SCHOOL ACADEMIES, THE DEPARTMENT SHALL ALSO CONSIDER AT LEAST THE FOLLOWING FACTORS: (A) THE TIME REQUIRED TO CONDUCT THE ASSESSMENTS, WITH THE INTENTION OF MINIMIZING THE IMPACT ON INSTRUCTIONAL TIME. (B) THE LEVEL OF INTEGRATION OF ASSESSMENT RESULTS WITH INSTRUCTIONAL SUPPORT FOR TEACHERS AND PUPILS. (C) THE TIMELINESS IN REPORTING ASSESSMENT RESULTS TO TEACHERS, ADMINISTRATORS, AND PARENTS. (B) RECOMMEND OR DEVELOP AN EARLY LITERACY COACH MODEL WITH THE FOLLOWING FEATURES: (i) AN EARLY LITERACY COACH SHALL SUPPORT AND PROVIDE INITIAL AND ONGOING PROFESSIONAL DEVELOPMENT TO TEACHERS IN ALL OF THE FOLLOWING: (A) EACH OF THE 5 MAJOR READING COMPONENTS LISTED IN SUBSECTION (3)(A)(iv)(B) AS NEEDED, BASED ON AN ANALYSIS OF PUPIL PERFORMANCE DATA. (B) ADMINISTERING AND ANALYZING INSTRUCTIONAL ASSESSMENTS. (C) PROVIDING DIFFERENTIATED INSTRUCTION AND INTENSIVE INTERVENTION. (D) USING PROGRESS MONITORING. (E) IDENTIFYING AND ADDRESSING READING DEFICIENCY. (ii) AN EARLY LITERACY COACH SHALL ALSO DO ALL OF THE FOLLOWING: (A) MODEL EFFECTIVE INSTRUCTIONAL STRATEGIES FOR TEACHERS. (B) FACILITATE STUDY GROUPS. (C) TRAIN TEACHERS IN DATA ANALYSIS AND USING DATA TO DIFFERENTIATE INSTRUCTION. (D) COACH AND MENTOR COLLEAGUES. (E) WORK WITH TEACHERS TO ENSURE THAT EVIDENCE-BASED READING PROGRAMS SUCH AS COMPREHENSIVE CORE READING PROGRAMS, SUPPLEMENTAL READING PROGRAMS, AND COMPREHENSIVE INTERVENTION READING PROGRAMS ARE IMPLEMENTED WITH FIDELITY. (F) TRAIN TEACHERS TO DIAGNOSE AND ADDRESS READING DEFICIENCY. (G) WORK WITH TEACHERS IN APPLYING EVIDENCE-BASED READING STRATEGIES IN OTHER CONTENT AREAS, INCLUDING, BUT NOT LIMITED TO, PRIORITIZING TIME SPENT ON THOSE TEACHERS, ACTIVITIES, AND ROLES THAT WILL HAVE THE GREATEST IMPACT ON PUPIL ACHIEVEMENT AND PRIORITIZING COACHING AND MENTORING IN CLASSROOMS. (H) HELP TO INCREASE INSTRUCTIONAL DENSITY TO MEET THE NEEDS OF ALL PUPILS. (I) HELP LEAD AND SUPPORT READING LEADERSHIP TEAMS AT THE SCHOOL. (J) CONTINUE TO INCREASE HIS OR HER KNOWLEDGE BASE IN BEST PRACTICES IN READING INSTRUCTION AND INTERVENTION. (K) FOR EACH TEACHER WHO TEACHES IN A CLASSROOM FOR GRADES K TO 3, MODEL FOR THE TEACHER, AND COACH THE TEACHER IN, INSTRUCTION WITH PUPILS IN WHOLE AND SMALL GROUPS. No. 65] [September 21, 2016] JOURNAL OF THE SENATE 1601 (iii) IN THE CONTEXT OF PERFORMING THE FUNCTIONS DESCRIBED IN SUBPARAGRAPH (ii), AN EARLY LITERACY COACH SHALL NOT BE ASKED TO PERFORM ADMINISTRATIVE FUNCTIONS THAT WILL CONFUSE HIS OR HER ROLE FOR TEACHERS. (iv) AN EARLY LITERACY COACH MUST MEET ALL OF THE FOLLOWING: (A) HAVE EXPERIENCE AS A SUCCESSFUL CLASSROOM TEACHER. (B) HAVE SUFFICIENT KNOWLEDGE OF SCIENTIFICALLY BASED READING RESEARCH, SPECIAL EXPERTISE IN QUALITY READING INSTRUCTION AND INFUSING READING STRATEGIES INTO CONTENT AREA INSTRUCTION, AND DATA MANAGEMENT SKILLS. (C) HAVE A STRONG KNOWLEDGE BASE IN WORKING WITH ADULTS. (D) HAVE A MINIMUM OF A BACHELOR’S DEGREE AND ADVANCED COURSEWORK IN READING OR HAVE COMPLETED PROFESSIONAL DEVELOPMENT IN EVIDENCE-BASED LITERACY INSTRUCTIONAL STRATEGIES. (v) AN EARLY LITERACY COACH SHALL NOT BE ASSIGNED A REGULAR CLASSROOM TEACHING ASSIGNMENT, BUT SHALL BE EXPECTED TO WORK FREQUENTLY WITH PUPILS IN WHOLE AND SMALL GROUP INSTRUCTION OR TUTORING IN THE CONTEXT OF MODELING AND COACHING IN OR OUTSIDE OF TEACHERS’ CLASSROOMS. (2) SUBJECT TO SUBSECTION (14), BEGINNING IN THE 2017-2018 SCHOOL YEAR, THE BOARD OF A SCHOOL DISTRICT OR BOARD OF DIRECTORS OF A PUBLIC SCHOOL ACADEMY SHALL DO ALL OF THE FOLLOWING TO ENSURE THAT MORE PUPILS WILL ACHIEVE A SCORE OF AT LEAST PROFICIENT IN ENGLISH LANGUAGE ARTS ON THE GRADE 3 STATE ASSESSMENT: (A) SELECT 1 VALID AND RELIABLE SCREENING, FORMATIVE, AND DIAGNOSTIC READING ASSESSMENT SYSTEM FROM THE ASSESSMENT SYSTEMS APPROVED BY THE DEPARTMENT UNDER SUBSECTION (1)(A). A SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY SHALL USE THIS ASSESSMENT SYSTEM FOR PUPILS IN GRADES K TO 3 TO SCREEN AND DIAGNOSE DIFFICULTIES, INFORM INSTRUCTION AND INTERVENTION NEEDS, AND ASSESS PROGRESS TOWARD A GROWTH TARGET. A SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY PERIODICALLY SHALL ASSESS A PUPIL’S PROGRESS IN READING SKILLS AT LEAST 3 TIMES PER SCHOOL YEAR IN GRADES K TO 3. THE FIRST OF THESE ASSESSMENTS FOR A SCHOOL YEAR SHALL BE CONDUCTED WITHIN THE FIRST 30 SCHOOL DAYS OF THE SCHOOL YEAR. (B) FOR ANY PUPIL IN GRADES K TO 3 WHO EXHIBITS A READING DEFICIENCY AT ANY TIME, BASED UPON THE READING ASSESSMENT SYSTEM SELECTED AND USED UNDER SUBDIVISION (A), PROVIDE AN INDIVIDUAL READING IMPROVEMENT PLAN FOR THE PUPIL WITHIN 30 DAYS AFTER THE IDENTIFICATION OF THE READING DEFICIENCY. THE INDIVIDUAL READING IMPROVEMENT PLAN SHALL BE CREATED BY THE PUPIL’S TEACHER, SCHOOL PRINCIPAL, AND PARENT OR LEGAL GUARDIAN AND OTHER PERTINENT SCHOOL PERSONNEL, AND SHALL DESCRIBE THE READING INTERVENTION SERV­ ICES THE PUPIL WILL RECEIVE TO REMEDY THE READING DEFICIENCY. A SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY SHALL PROVIDE INTENSIVE READING INTERVENTION FOR THE PUPIL IN ACCORDANCE WITH THE INDIVIDUAL READING IMPROVEMENT PLAN UNTIL THE PUPIL NO LONGER HAS A READING DEFICIENCY. (C) IF A PUPIL IN GRADES K TO 3 IS IDENTIFIED AS HAVING AN EARLY LITERACY DELAY OR READING DEFICIENCY, PROVIDE WRITTEN NOTICE TO THE PUPIL’S PARENT OR LEGAL GUARDIAN OF THE DELAY OR READING DEFICIENCY IN WRITING AND PROVIDE TOOLS TO ASSIST THE PARENT OR LEGAL GUARDIAN TO ENGAGE IN INTERVENTION AND TO ADDRESS OR CORRECT ANY READING DEFICIENCY AT HOME. (D) REQUIRE A SCHOOL PRINCIPAL OR CHIEF ADMINISTRATOR TO DO ALL OF THE FOLLOWING: (i) FOR A TEACHER IN GRADES K TO 3, TARGET SPECIFIC AREAS OF PROFESSIONAL DEVELOPMENT BASED ON THE READING DEVELOPMENT NEEDS DATA FOR INCOMING PUPILS. (ii) DIFFERENTIATE AND INTENSIFY PROFESSIONAL DEVELOPMENT FOR TEACHERS BASED ON DATA GATHERED BY MONITORING TEACHER PROGRESS IN IMPROVING PUPIL PROFICIENCY RATES AMONG THEIR PUPILS. (iii) ESTABLISH A COLLABORATIVE SYSTEM WITHIN THE SCHOOL TO IMPROVE READING PROFICIENCY RATES IN GRADES K TO 3. (iv) ENSURE THAT TIME IS PROVIDED FOR TEACHERS TO MEET FOR PROFESSIONAL DEVELOPMENT. (E) UTILIZE, AT LEAST, EARLY LITERACY COACHES PROVIDED THROUGH THE INTERMEDIATE SCHOOL DISTRICT IN WHICH THE SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY IS LOCATED, AS PROVIDED FOR UNDER SECTION 35A(4) OF THE STATE SCHOOL AID ACT OF 1979, MCL 388.1635A. HOWEVER, A PUBLIC SCHOOL ACADEMY MAY USE AN EARLY LITERACY COACH PROVIDED BY THE PUBLIC SCHOOL ACADEMY, AT THE EXPENSE OF THE PUBLIC SCHOOL ACADEMY, RATHER THAN USING AN EARLY LITERACY COACH PROVIDED THROUGH AN INTERMEDIATE SCHOOL DISTRICT IF 1602 JOURNAL OF THE SENATE [September 21, 2016] [No. 65 THE EARLY LITERACY COACH AND THE USAGE OF THE EARLY LITERACY COACH OTHERWISE MEET THE REQUIREMENTS OF THIS SECTION. (3) SUBJECT TO SUBSECTION (14), A SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY SHALL PROVIDE READING INTERVENTION PROGRAMS FOR PUPILS IN GRADES K TO 3, INCLUDING AT LEAST ALL OF THE FOLLOWING: (A) FOR PUPILS WHO EXHIBIT A READING DEFICIENCY, A READING INTERVENTION PROGRAM INTENDED TO ENSURE THAT PUPILS ARE PROFICIENT READERS BY THE END OF GRADE 3 AND THAT INCLUDES SOME OR ALL OF THE FOLLOWING FEATURES: (i) IS PROVIDED TO EACH PUPIL IN GRADES K TO 3 WHO IS IDENTIFIED WITH A READING DEFICIENCY BASED ON SCREENING AND DIAGNOSTIC TOOLS, AND IDENTIFIES AND ADDRESSES THE PUPIL’S READING DEFICIENCY. (ii) PERIODICALLY SCREENS AND MONITORS THE PROGRESS OF EACH PUPIL’S READING SKILLS, AT LEAST 3 TIMES PER YEAR. (iii) PROVIDES EVIDENCE-BASED CORE READING INSTRUCTION THAT IS COMPREHENSIVE AND MEETS THE MAJORITY OF THE GENERAL EDUCATION CLASSROOM NEEDS. (iv) PROVIDES READING INTERVENTION THAT MEETS, AT A MINIMUM, THE FOLLOWING SPECIFICATIONS: (A) ASSISTS PUPILS EXHIBITING A READING DEFICIENCY IN DEVELOPING THE ABILITY TO READ AT GRADE LEVEL. (B) PROVIDES INTENSIVE DEVELOPMENT IN THE 5 MAJOR READING COMPONENTS: PHONEMIC AWARENESS, PHONICS, FLUENCY, VOCABULARY, AND COMPREHENSION. (C) IS SYSTEMATIC, EXPLICIT, MULTISENSORY, AND SEQUENTIAL. (D) IS IMPLEMENTED DURING REGULAR SCHOOL HOURS IN ADDITION TO REGULAR CLASSROOM READING INSTRUCTION. (v) PROVIDES PARENTS, LEGAL GUARDIANS, OR OTHER PROVIDERS OF CARE FOR THE PUPIL WITH A “READ AT HOME” PLAN, INCLUDING PARENT, GUARDIAN, OR CARE PROVIDER TRAINING WORKSHOPS AND REGULAR HOME READING. (vi) DOCUMENTS EFFORTS BY THE PUPIL’S SCHOOL TO ENGAGE THE PUPIL’S PARENT OR LEGAL GUARDIAN AND WHETHER OR NOT THOSE EFFORTS WERE SUCCESSFUL. (vii) DOCUMENTS ANY DISSENTING OPINIONS EXPRESSED BY SCHOOL PERSONNEL OR A PARENT OR LEGAL GUARDIAN CONCERNING THE INDIVIDUAL READING IMPROVEMENT PLAN PROVIDED FOR THE PUPIL UNDER SUBSECTION (2)(B). (B) FOR GRADE 3 PUPILS EXHIBITING A READING DEFICIENCY AS DETERMINED BY THE PUPIL’S TEACHER THROUGH THE DIAGNOSTIC READING ASSESSMENT SYSTEM SELECTED BY THE SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY UNDER SUBSECTION (2)(A), A READING INTERVENTION PROGRAM INTENDED TO CORRECT THE IDENTIFIED AREA OR AREAS OF READING DEFICIENCY AND THAT INCLUDES ALL OF THE FOLLOWING FEATURES AS NEEDED BY THE INDIVIDUAL PUPIL: (i) IS EVIDENCE-BASED AND HAS PROVEN RESULTS IN ACCELERATING PUPIL READING ACHIEVEMENT WITHIN THE SAME SCHOOL YEAR. (ii) PROVIDES MORE DEDICATED TIME THAN THE PUPIL’S PREVIOUS SCHOOL YEAR IN EVIDENCEBASED READING INSTRUCTION AND INTERVENTION. (iii) PROVIDES DAILY TARGETED SMALL GROUP OR 1-TO-1 READING INTERVENTION BASED ON PUPIL NEEDS AS DETERMINED BY ASSESSMENT DATA, INCLUDING EXPLICIT AND SYSTEMATIC INSTRUCTION WITH MORE DETAILED AND VARIED EXPLANATIONS, MORE EXTENSIVE OPPORTUNITIES FOR GUIDED PRACTICE, AND MORE OPPORTUNITIES FOR ERROR CORRECTION AND FEEDBACK. (iv) PROVIDES ADMINISTRATION OF ONGOING PROGRESS MONITORING ASSESSMENTS TO FREQUENTLY MONITOR PUPIL PROGRESS. (v) PROVIDES SUPPLEMENTAL EVIDENCE-BASED READING INTERVENTION DELIVERED BY A TEACHER, TUTOR, OR VOLUNTEER WITH SPECIALIZED READING TRAINING THAT IS PROVIDED BEFORE SCHOOL, AFTER SCHOOL, DURING SCHOOL HOURS BUT OUTSIDE OF REGULAR ENGLISH LANGUAGE ARTS CLASSROOM TIME, OR ANY COMBINATION OF THESE. (vi) PROVIDES PARENTS, LEGAL GUARDIANS, OR OTHER PROVIDERS OF CARE FOR A PUPIL WITH A “READ AT HOME” PLAN, INCLUDING PARENT, GUARDIAN, OR CARE PROVIDER TRAINING WORKSHOPS AND REGULAR HOME READING. (vii) DOCUMENTS EFFORTS BY THE PUPIL’S SCHOOL TO ENGAGE THE PUPIL’S PARENT OR LEGAL GUARDIAN AND WHETHER OR NOT THOSE EFFORTS WERE SUCCESSFUL. (viii) DOCUMENTS ANY DISSENTING OPINIONS EXPRESSED BY SCHOOL PERSONNEL OR A PARENT OR LEGAL GUARDIAN CONCERNING THE INDIVIDUAL READING IMPROVEMENT PLAN PROVIDED FOR THE PUPIL UNDER SUBSECTION (2)(B). No. 65] [September 21, 2016] JOURNAL OF THE SENATE 1603 (C) SUBJECT TO SUBSECTION (15), FOR PUPILS IDENTIFIED AS ENGLISH LANGUAGE LEARNERS BY THE PUPIL’S TEACHER OR BY THE DIAGNOSTIC READING ASSESSMENT SELECTED BY THE SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY UNDER SUBSECTION (2)(A), INTERVENTION SERVICES THAT INCLUDE AT LEAST ALL OF THE FOLLOWING: (i) ONGOING ASSESSMENTS THAT PROVIDE ACTIONABLE DATA FOR TEACHERS TO USE IN INTERVENTIONS. (ii) INSTRUCTION IN ACADEMIC VOCABULARY. (iii) INSTRUCTION IN THE 5 MAJOR READING COMPONENTS LISTED IN SUBDIVISION (A)(iv)(B). (iv) COMMON ENGLISH LANGUAGE DEVELOPMENT STRATEGIES SUCH AS MODELING, GUIDED PRACTICE, AND COMPREHENSIVE INPUT. (4) FOR ALL PUPILS EXHIBITING A READING DEFICIENCY AS DETERMINED BY THE PUPIL’S TEACHER THROUGH THE DIAGNOSTIC READING ASSESSMENT SYSTEM SELECTED BY THE SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY UNDER SUBSECTION (2)(A), SCHOOL DISTRICTS AND PUBLIC SCHOOL ACADEMIES ARE ENCOURAGED TO OFFER SUMMER READING CAMPS STAFFED WITH HIGHLY EFFECTIVE TEACHERS OF READING, AS DETERMINED BY THE TEACHER EVALUATION SYSTEM UNDER SECTION 1249, PROVIDING READING INTERVENTION SERVICES AND SUPPORTS TO CORRECT PUPILS’ IDENTIFIED AREAS OF READING DEFICIENCY. (5) BEGINNING WITH PUPILS ENROLLED IN GRADE 3 DURING THE 2019- 2020 SCHOOL YEAR, ALL OF THE FOLLOWING APPLY: (A) SUBJECT TO SUBSECTION (6), THE SUPERINTENDENT OF THE SCHOOL DISTRICT OR CHIEF ADMINISTRATOR OF THE PUBLIC SCHOOL ACADEMY IN WHICH THE PUPIL IS ENROLLED SHALL ENSURE THAT A PUPIL WHOSE PARENT OR LEGAL GUARDIAN HAS BEEN PROVIDED WITH THE NOTIFICATION UNDER SUBDIVISION (D) IS NOT ENROLLED IN GRADE 4 UNTIL 1 OF THE FOLLOWING OCCURS: (i) THE PUPIL ACHIEVES A READING SCORE THAT IS LESS THAN 1 GRADE LEVEL BEHIND AS DETERMINED BY THE DEPARTMENT BASED ON THE GRADE 3 STATE ENGLISH LANGUAGE ARTS ASSESSMENT. (ii) THE PUPIL DEMONSTRATES A GRADE 3 READING LEVEL THROUGH PERFORMANCE ON AN ALTERNATIVE STANDARDIZED READING ASSESSMENT APPROVED BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION. (iii) THE PUPIL DEMONSTRATES A GRADE 3 READING LEVEL THROUGH A PUPIL PORTFOLIO, AS EVIDENCED BY DEMONSTRATING COMPETENCY IN ALL GRADE 3 STATE ENGLISH LANGUAGE ARTS STANDARDS THROUGH MULTIPLE WORK SAMPLES. (B) SUBJECT TO SUBSECTION (6), IF A CHILD YOUNGER THAN 10 YEARS OF AGE SEEKS TO ENROLL FOR THE FIRST TIME IN A SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY IN GRADE 4, THE SUPERINTENDENT OF THE SCHOOL DISTRICT OR CHIEF ADMINISTRATOR OF THE PUBLIC SCHOOL ACADEMY SHALL NOT ALLOW THE CHILD TO ENROLL IN GRADE 4 UNLESS 1 OF THE FOLLOWING OCCURS: (i) THE CHILD ACHIEVES A GRADE 3 READING SCORE AS DETERMINED BY THE DEPARTMENT BASED ON THE READING PORTION OF THE GRADE 3 STATE ENGLISH LANGUAGE ARTS ASSESSMENT. (ii) THE CHILD DEMONSTRATES A GRADE 3 READING LEVEL THROUGH PERFORMANCE ON AN ALTERNATIVE STANDARDIZED READING ASSESSMENT APPROVED BY THE SUPERINTENDENT OF PUBLIC INSTRUCTION. (iii) THE CHILD DEMONSTRATES A GRADE 3 READING LEVEL THROUGH A PUPIL PORTFOLIO, AS EVIDENCED BY DEMONSTRATING COMPETENCY IN ALL GRADE 3 STATE ENGLISH LANGUAGE ARTS STANDARDS THROUGH MULTIPLE WORK SAMPLES. (C) NOT LATER THAN MAY 23 OF EACH YEAR OR NOT LATER THAN 14 DAYS AFTER THE DEPARTMENT FINALIZES THE SCORING FOR THE GRADE 3 STATE ASSESSMENTS, WHICHEVER IS EARLIER, THE DEPARTMENT SHALL PROVIDE CEPI WITH THE GRADE 3 STATE ASSESSMENT SCORES FOR EVERY GRADE 3 PUPIL ENROLLED IN A PUBLIC SCHOOL IN THIS STATE WHO WAS ADMINISTERED 1 OR MORE OF THOSE ASSESSMENTS. (D) NOT LATER THAN JUNE 1 OF EACH YEAR OR NOT LATER THAN 14 DAYS AFTER CEPI RECEIVES THE GRADE 3 STATE ASSESSMENT RESULTS FROM THE DEPARTMENT UNDER SUBDIVISION (C), WHICHEVER IS EARLIER, USING THOSE STATE ASSESSMENT RESULTS, CEPI SHALL IDENTIFY EACH PUPIL COMPLETING GRADE 3 THAT YEAR WHO IS SUBJECT TO NOT BEING ADVANCED TO GRADE 4 DUE TO THE OPERATION OF SUBDIVISION (A)(i) AND WHO IS NOT ELIGIBLE TO ENROLL IN GRADE 4 UNDER SUBSECTION (6)(A), AND SHALL NOTIFY THE PARENT OR LEGAL GUARDIAN AND THE SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY OF EACH OF THESE PUPILS THAT THE PUPIL IS SUBJECT TO BEING RETAINED IN GRADE 3. A SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY MAY ALSO MAKE ITS OWN NOTIFICATION TO A PARENT OR GUARDIAN IN ADDITION TO THE NOTIFICATION BY CEPI. 1604 JOURNAL OF THE SENATE [September 21, 2016] [No. 65 THE NOTIFICATION BY CEPI TO A PARENT OR LEGAL GUARDIAN SHALL BE BY CERTIFIED MAIL. THE NOTIFICATION BY CEPI SHALL CLEARLY STATE AT LEAST ALL OF THE FOLLOWING: (i) THAT, BASED ON STANDARDIZED TESTING, THIS STATE HAS DETERMINED THAT THE PUPIL MAY BE REQUIRED TO BE RETAINED IN GRADE 3 AS PROVIDED UNDER STATE LAW, WITH A REFERENCE TO THIS SECTION ALONG WITH AN EXPLANATION THAT EVEN IF THE PUPIL IS NOT ELIGIBLE TO ENROLL IN GRADE 4 BASED ON STATE ASSESSMENTS, THE PUPIL MAY STILL BE ALLOWED TO ENROLL IN GRADE 4 IF HE OR SHE DEMONSTRATES A GRADE 3 READING LEVEL THROUGH PERFORMANCE ON AN ALTERNATIVE STANDARDIZED READING ASSESSMENT OR THROUGH A PUPIL PORTFOLIO. (ii) THAT THE PARENT OR LEGAL GUARDIAN HAS THE RIGHT TO REQUEST A GOOD CAUSE EXEMPTION UNDER THIS SECTION THAT, IF GRANTED, WILL ALLOW THE PUPIL TO ENROLL IN GRADE 4 IN THE NEXT SCHOOL YEAR. (iii) THAT THE PARENT OR LEGAL GUARDIAN MUST REQUEST THE GOOD CAUSE EXEMPTION WITHIN 30 DAYS AFTER THE DATE OF THE NOTIFICATION BY CEPI AND MUST DIRECT THE REQUEST TO THE SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY IN WHICH THE PARENT OR LEGAL GUARDIAN INTENDS TO ENROLL THE PUPIL FOR GRADE 4. (iv) THAT THE PARENT OR LEGAL GUARDIAN HAS THE RIGHT TO REQUEST A MEETING WITH SCHOOL OFFICIALS TO DISCUSS THE RETENTION REQUIREMENT UNDER STATE LAW AND THE STANDARDS AND PROCESSES FOR A GOOD CAUSE EXEMPTION FROM THAT REQUIREMENT. (E) IF A PARENT OR LEGAL GUARDIAN RECEIVES A NOTIFICATION FROM CEPI UNDER SUBDIVISION (D), THE PARENT OR LEGAL GUARDIAN MAY REQUEST A MEETING WITH SCHOOL OFFICIALS TO DISCUSS THE RETENTION REQUIREMENT UNDER STATE LAW AND THE STANDARDS AND PROCESSES FOR A GOOD CAUSE EXEMPTION FROM THAT REQUIREMENT. IF A PARENT OR LEGAL GUARDIAN REQUESTS A MEETING DESCRIBED IN THIS SUBDIVISION, THE SCHOOL OFFICIAL TO WHOM THE REQUEST IS MADE SHALL ENSURE THAT AN APPROPRIATE SCHOOL OFFICIAL IS MADE AVAILABLE TO THE PARENT OR LEGAL GUARDIAN FOR SUCH A MEETING. (F) IF A PUPIL IS NOT ENROLLED IN GRADE 4 AT THE BEGINNING OF A SCHOOL YEAR DUE TO THE OPERATION OF THIS SUBSECTION, THEN BEFORE PLACING THE CHILD IN GRADE 4 DURING THE SCHOOL YEAR, AN APPROPRIATE SCHOOL OFFICIAL OF THE PUPIL’S SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY SHALL PROVIDE WRITTEN NOTIFICATION TO THE PUPIL’S PARENT OR LEGAL GUARDIAN OF THE PROPOSED PLACEMENT. (6) SUBJECT TO SUBSECTION (11), IF A PUPIL OR CHILD DEMONSTRATES BOTH OF THE FOLLOWING, THEN SUBSECTION (5)(A) AND (B) DO NOT APPLY AND HE OR SHE MAY BE ENROLLED IN GRADE 4: (A) THAT HE OR SHE IS PROFICIENT IN ALL SUBJECT AREAS ASSESSED ON THE GRADE 3 STATE ASSESSMENT OTHER THAN ENGLISH LANGUAGE ARTS, AS EVIDENCED BY HIS OR HER SCORES ON THOSE ASSESSMENTS. (B) THAT HE OR SHE IS PROFICIENT IN SCIENCE AND SOCIAL STUDIES AS SHOWN THROUGH A PUPIL PORTFOLIO AND AS DETERMINED BY THE TEACHER WHO PROVIDED THE GRADE 3 INSTRUCTION TO THE PUPIL IN SCIENCE OR SOCIAL STUDIES, AS APPLICABLE. (7) FOR A PUPIL WHO IS NOT PROMOTED TO GRADE 4 OR A CHILD WHO IS NOT ENROLLED IN GRADE 4 DUE TO THE OPERATION OF SUBSECTION (5), AND FOR A PUPIL OR CHILD DESCRIBED IN SUBSECTION (6) OR (11), THE SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY SHALL PROVIDE A READING INTERVENTION PROGRAM THAT IS INTENDED TO CORRECT THE PUPIL’S SPECIFIC READING DEFICIENCY, AS IDENTIFIED BY A VALID AND RELIABLE ASSESSMENT. THIS PROGRAM SHALL INCLUDE EFFECTIVE INSTRUCTIONAL STRATEGIES NECESSARY TO ASSIST THE PUPIL IN BECOMING A SUCCESSFUL READER, AND ALL OF THE FOLLOWING FEATURES, AS APPROPRIATE FOR THE NEEDS OF THE INDIVIDUAL PUPIL: (A) ASSIGNING TO A PUPIL 1 OR MORE OF THE FOLLOWING: (i) A HIGHLY EFFECTIVE TEACHER OF READING AS DETERMINED BY THE TEACHER EVALUATION SYSTEM UNDER SECTION 1249. (ii) THE HIGHEST EVALUATED GRADE 3 TEACHER IN THE SCHOOL AS DETERMINED BY THE TEACHER EVALUATION SYSTEM UNDER SECTION 1249. (iii) A READING SPECIALIST. (B) READING PROGRAMS THAT ARE EVIDENCE-BASED AND HAVE PROVEN RESULTS IN ACCELERATING PUPIL READING ACHIEVEMENT WITHIN THE SAME SCHOOL YEAR. (C) READING INSTRUCTION AND INTERVENTION FOR THE MAJORITY OF PUPIL CONTACT TIME EACH DAY THAT INCORPORATES OPPORTUNITIES TO MASTER THE GRADE 4 STATE STANDARDS IN OTHER CORE ACADEMIC AREAS, IF APPLICABLE. (D) DAILY TARGETED SMALL GROUP OR 1-TO-1 READING INTERVENTION THAT IS BASED ON PUPIL NEEDS, DETERMINED BY ASSESSMENT DATA, AND ON IDENTIFIED READING DEFICIENCIES AND THAT No. 65] [September 21, 2016] JOURNAL OF THE SENATE 1605 INCLUDES EXPLICIT AND SYSTEMATIC INSTRUCTION WITH MORE DETAILED AND VARIED EXPLANATIONS, MORE EXTENSIVE OPPORTUNITIES FOR GUIDED PRACTICE, AND MORE OPPORTUNITIES FOR ERROR CORRECTION AND FEEDBACK. (E) ADMINISTRATION OF ONGOING PROGRESS MONITORING ASSESSMENTS TO FREQUENTLY MONITOR PUPIL PROGRESS TOWARD A GROWTH TARGET. (F) SUPPLEMENTAL EVIDENCE-BASED READING INTERVENTION DELIVERED BY A TEACHER OR TUTOR WITH SPECIALIZED READING TRAINING THAT IS PROVIDED BEFORE SCHOOL, AFTER SCHOOL, DURING REGULAR SCHOOL HOURS BUT OUTSIDE OF REGULAR ENGLISH LANGUAGE ARTS CLASSROOM TIME, OR ANY COMBINATION OF THESE. (G) PROVIDING PARENTS, LEGAL GUARDIANS, OR OTHER PROVIDERS OF CARE FOR THE PUPIL WITH A “READ AT HOME” PLAN, INCLUDING PARENT, GUARDIAN, OR CARE PROVIDER TRAINING WORKSHOPS AND REGULAR HOME READING. (8) IF THE SUPERINTENDENT OF THE PUPIL’S SCHOOL DISTRICT OR CHIEF ADMINISTRATOR OF THE PUPIL’S PUBLIC SCHOOL ACADEMY, OR HIS OR HER DESIGNEE, GRANTS A GOOD CAUSE EXEMPTION FROM THE REQUIREMENTS OF SUBSECTION (5)(A) FOR A PUPIL, THEN A PUPIL MAY BE PROMOTED TO GRADE 4 WITHOUT MEETING THE REQUIREMENTS OF SUBSECTION (5)(A). A GOOD CAUSE EXEMPTION MAY BE GRANTED ONLY ACCORDING TO THE PROCEDURES UNDER SUBSECTION (10) AND ONLY FOR 1 OF THE FOLLOWING: (A) THE PUPIL IS A STUDENT WITH AN INDIVIDUALIZED EDUCATION PROGRAM OR WITH A SECTION 504 PLAN AND THE PUPIL’S INDIVIDUALIZED EDUCATION PROGRAM TEAM OR SECTION 504 COORDINATOR, AS APPLICABLE, MAKES THE DECISION TO EXEMPT THE PUPIL FROM THE REQUIREMENTS OF SUBSECTION (5)(A) BASED UPON THE TEAM’S OR COORDINATOR’S KNOWLEDGE OF THE PUPIL. (B) THE PUPIL IS A LIMITED ENGLISH PROFICIENT STUDENT WHO HAS HAD LESS THAN 3 YEARS OF INSTRUCTION IN AN ENGLISH LANGUAGE LEARNER PROGRAM. (C) THE PUPIL HAS RECEIVED INTENSIVE READING INTERVENTION FOR 2 OR MORE YEARS BUT STILL DEMONSTRATES A READING DEFICIENCY AND WAS PREVIOUSLY RETAINED IN KINDERGARTEN, GRADE 1, GRADE 2, OR GRADE 3. (D) THE PUPIL HAS BEEN CONTINUOUSLY ENROLLED IN HIS OR HER CURRENT SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY FOR LESS THAN 2 YEARS AND THERE IS EVIDENCE THAT THE PUPIL WAS NOT PROVIDED WITH AN APPROPRIATE INDIVIDUAL READING IMPROVEMENT PLAN UNDER SUBSECTION (2)(B) BY THE SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY IN WHICH THE PUPIL WAS PREVIOUSLY ENROLLED. (E) THE PUPIL’S PARENT OR LEGAL GUARDIAN HAS REQUESTED A GOOD CAUSE EXEMPTION WITHIN THE TIME PERIOD PROVIDED UNDER SUBSECTION (10)(D) AND THE SUPERINTENDENT OR CHIEF ADMINISTRATOR, OR HIS OR HER DESIGNEE, DETERMINES THAT THE GOOD CAUSE EXEMPTION IS IN THE BEST INTERESTS OF THE PUPIL. (9) SUBJECT TO SUBSECTION (14), IF A PUPIL IS PROMOTED TO GRADE 4 DUE TO A GOOD CAUSE EXEMPTION GRANTED UNDER SUBSECTION (8), THE PUPIL REMAINS ELIGIBLE FOR READING INTERVENTION SERVICES DESIGNED TO ENABLE THE PUPIL TO ACHIEVE PROFICIENCY IN READING. THE SERVICES FOR A PUPIL DESCRIBED IN THIS SUBSECTION SHALL BE SIMILAR TO THOSE PROVIDED TO PUPILS IN GRADE 3 UNDER THIS SECTION. (10) THE SUPERINTENDENT OF A SCHOOL DISTRICT OR CHIEF ADMINISTRATOR OF A PUBLIC SCHOOL ACADEMY, OR HIS OR HER DESIGNEE, SHALL GRANT A GOOD CAUSE EXEMPTION UNDER SUBSECTION (8) ONLY THROUGH THE FOLLOWING PROCEDURE: (A) FOR A GOOD CAUSE EXEMPTION UNDER SUBSECTION (8)(A) TO (D), AT THE REQUEST OF THE PUPIL’S PARENT OR LEGAL GUARDIAN OR UPON THE TEACHER’S OWN INITIATIVE, THE PUPIL’S GRADE 3 TEACHER SUBMITS TO THE SUPERINTENDENT OR CHIEF ADMINISTRATOR, OR HIS OR HER DESIGNEE, A RECOMMENDATION FOR A GOOD CAUSE EXEMPTION ALONG WITH DOCUMENTATION THAT INDICATES THAT A GOOD CAUSE EXEMPTION UNDER SUBSECTION (8)(A) TO (D) APPLIES TO THE PUPIL. (B) FOR A PUPIL ENROLLED IN A SCHOOL OPERATED BY A SCHOOL DISTRICT, THE SUPERINTENDENT OR HIS OR HER DESIGNEE SHALL REVIEW AND DISCUSS THE RECOMMENDATION WITH THE PUPIL’S GRADE 3 TEACHER AND, IF THE PUPIL HAS AN INDIVIDUALIZED EDUCATION PROGRAM, WITH THE PUPIL’S INDIVIDUALIZED EDUCATION PROGRAM TEAM. AFTER THIS DISCUSSION, THE SUPERINTENDENT OR HIS OR HER DESIGNEE SHALL MAKE A DETERMINATION IN WRITING OF WHETHER OR NOT TO GRANT THE GOOD CAUSE EXEMPTION FOR THE PUPIL. THE DECISION BY THE SUPERINTENDENT OR HIS OR HER DESIGNEE IS FINAL. 1606 JOURNAL OF THE SENATE [September 21, 2016] [No. 65 (C) FOR A PUPIL ENROLLED IN A PUBLIC SCHOOL ACADEMY, THE CHIEF ADMINISTRATOR OF THE PUBLIC SCHOOL ACADEMY, OR HIS OR HER DESIGNEE, SHALL REVIEW AND DISCUSS THE RECOMMENDATION WITH THE PUPIL’S GRADE 3 TEACHER AND, IF THE PUPIL HAS AN INDIVIDUALIZED EDUCATION PROGRAM, WITH THE PUPIL’S INDIVIDUALIZED EDUCATION PROGRAM TEAM. AFTER THIS DISCUSSION, THE CHIEF ADMINISTRATOR OR HIS OR HER DESIGNEE SHALL MAKE A DETERMINATION IN WRITING OF WHETHER OR NOT TO GRANT THE GOOD CAUSE EXEMPTION FOR THE PUPIL. THE DECISION BY THE CHIEF ADMINISTRATOR OR HIS OR HER DESIGNEE IS FINAL. (D) FOR A PUPIL FOR WHOM A REQUEST HAS BEEN RECEIVED FROM THE PUPIL’S PARENT OR LEGAL GUARDIAN, AS DESCRIBED IN SUBSECTION (8)(E), IF THE REQUEST IS RECEIVED WITHIN 30 DAYS AFTER THE NOTIFICATION BY CEPI UNDER SUBSECTION (5)(D), THE SUPERINTENDENT OF THE SCHOOL DISTRICT OR CHIEF ADMINISTRATOR OF THE PUBLIC SCHOOL ACADEMY, AS APPLICABLE, OR HIS OR HER DESIGNEE, SHALL REVIEW THE REQUEST AND ANY SUPPORTING INFORMATION AND SHALL CONSIDER WHETHER OR NOT THE GOOD CAUSE EXEMPTION IS IN THE BEST INTERESTS OF THE PUPIL. AFTER THIS CONSIDERATION, HE OR SHE SHALL MAKE A DETERMINATION IN WRITING OF WHETHER OR NOT TO GRANT THE GOOD CAUSE EXEMPTION. THIS DETERMINATION SHALL BE MADE AND COMMUNICATED TO THE PARENT OR LEGAL GUARDIAN AT LEAST 30 DAYS BEFORE THE FIRST DAY OF SCHOOL FOR THE SCHOOL YEAR. THE DECISION OF THE SUPERINTENDENT OR CHIEF ADMINISTRATOR, OR HIS OR HER DESIGNEE, IS FINAL. (E) THE SUPERINTENDENT OF THE PUPIL’S SCHOOL DISTRICT OR CHIEF ADMINISTRATOR OF THE PUPIL’S PUBLIC SCHOOL ACADEMY, OR HIS OR HER DESIGNEE, SHALL NOTIFY THE PUPIL’S PARENT OR LEGAL GUARDIAN OF THE DETERMINATION AND DECISION UNDER SUBDIVISION (B), (C), OR (D), AS APPLICABLE. (11) FOR A PUPIL OR CHILD DESCRIBED IN SUBSECTION (6) OR A PUPIL WHO HAS BEEN GRANTED A GOOD CAUSE EXEMPTION UNDER SUBSECTION (8), THE SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY SHALL PROVIDE INTENSIVE READING INTERVENTION, AS DESCRIBED UNDER SUBSECTION (7), FOR THE PUPIL UNTIL HE OR SHE NO LONGER HAS A READING DEFICIENCY. (12) A SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY SHALL NOT REQUIRE A PUPIL TO REPEAT GRADE 3 MORE THAN ONCE DUE TO THE OPERATION OF THIS SECTION. (13) BEGINNING JUNE 4, 2019, IF A SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY CANNOT FURNISH THE NUMBER OF TEACHERS NEEDED TO SATISFY 1 OR MORE OF THE CRITERIA SET FORTH IN THIS SECTION FOR A SCHOOL YEAR, THEN BY THE AUGUST 15 BEFORE THE BEGINNING OF THAT SCHOOL YEAR THE SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY SHALL DEVELOP A STAFFING PLAN FOR PROVIDING SERVICES UNDER THIS SECTION. THE SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY SHALL POST THE STAFFING PLAN ON ITS WEBSITE FOR THE APPLICABLE SCHOOL YEAR. THE STAFFING PLAN SHALL INCLUDE AT LEAST ALL OF THE FOLLOWING: (A) A DESCRIPTION OF THE CRITERIA THAT WILL BE USED TO ASSIGN A PUPIL WHO HAS BEEN IDENTIFIED AS NOT PROFICIENT IN ENGLISH LANGUAGE ARTS TO A TEACHER. (B) THE CREDENTIALS OR TRAINING HELD BY TEACHERS CURRENTLY TEACHING AT THE SCHOOL. (C) HOW THE SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY WILL MEET THE REQUIREMENTS UNDER THIS SECTION. (14) THIS SECTION DOES NOT REQUIRE OR STATE AN INTENTION TO REQUIRE A SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY TO SUPPLANT STATE FUNDS WITH FEDERAL FUNDS FOR IMPLEMENTING OR SUPPORTING THE ACTIVITIES UNDER THIS SECTION AND DOES NOT PROHIBIT A SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY FROM CONTINUING TO USE FEDERAL FUNDS FOR ANY OF THE PURPOSES OR ACTIVITIES DESCRIBED IN THIS SECTION. (15) FOR PUPILS IDENTIFIED AS ENGLISH LANGUAGE LEARNERS BY THE PUPIL’S TEACHER OR BY THE DIAGNOSTIC READING ASSESSMENT SELECTED BY THE SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY UNDER SUBSECTION (2)(A), IF AVAILABLE STAFF RESOURCES ALLOW, A SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY IS ENCOURAGED TO PROVIDE THE FOLLOWING INTERVENTION SERV­ ICES IN ADDITION TO THOSE REQUIRED UNDER SUBSECTION (3)(C): (A) INSTRUCTION IN THE PUPIL’S NATIVE LANGUAGE, WITH WITHDRAWAL OF THAT INSTRUCTION AS APPROPRIATE AS THE PUPIL IMPROVES HIS OR HER ENGLISH LANGUAGE SKILLS. A SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY IS ENCOURAGED TO PROVIDE THIS SUPPORT FOR AT LEAST PUPILS WHOSE NATIVE LANGUAGE IS SPANISH, CHINESE, HINDI, KOREAN, OR ARABIC. (B) OPPORTUNITIES FOR SPEECH PRODUCTION. (C) COMMON ENGLISH LANGUAGE DEVELOPMENT STRATEGIES SUCH AS MODELING, GUIDED PRACTICE, AND COMPREHENSIVE INPUT. (D) FEEDBACK FOR THE PUPIL, INCLUDING EXPLANATIONS IN HIS OR HER NATIVE LANGUAGE. No. 65] [September 21, 2016] JOURNAL OF THE SENATE 1607 (16) BEGINNING IN 2020, NOT LATER THAN SEPTEMBER 1 OF EACH YEAR, A SCHOOL DISTRICT OR PUBLIC SCHOOL ACADEMY SHALL SUBMIT A RETENTION REPORT TO THE CENTER FOR EDUCATIONAL PERFORMANCE AND INFORMATION IN THE FORM AND MANNER PRESCRIBED BY THE CENTER. THE RETENTION REPORT SHALL CONTAIN AT LEAST ALL OF THE FOLLOWING INFORMATION FOR THE MOST RECENT SCHOOL YEAR: (A) THE NUMBER OF PUPILS RETAINED IN GRADE 3 DUE TO THE OPERATION OF THIS SECTION. (B) THE NUMBER OF PUPILS PROMOTED TO GRADE 4 DUE TO A GOOD CAUSE EXEMPTION UNDER SUBSECTION (8), DISAGGREGATED BY EACH OF THE SPECIFIC EXEMPTIONS LISTED IN THAT SUBSECTION. (17) AS USED IN THIS SECTION: (A) “EVIDENCE-BASED” MEANS BASED IN RESEARCH AND WITH PROVEN EFFICACY. (B) “INDIVIDUALIZED EDUCATION PROGRAM” MEANS THAT TERM AS DESCRIBED IN R 340.1721E OF THE MICHIGAN ADMINISTRATIVE CODE. (C) “KINDERGARTEN” INCLUDES A CLASSROOM FOR YOUNG 5-YEAR-OLDS, COMMONLY REFERRED TO AS “YOUNG 5S” OR “DEVELOPMENTAL KINDERGARTEN”. (D) “READING DEFICIENCY” MEANS SCORING BELOW GRADE LEVEL OR BEING DETERMINED TO BE AT RISK OF READING FAILURE BASED ON A SCREENING ASSESSMENT, DIAGNOSTIC ASSESSMENT, STANDARDIZED SUMMATIVE ASSESSMENT, OR PROGRESS MONITORING. (E) “READING LEADERSHIP TEAM” MEANS A COLLABORATIVE SYSTEM LED BY A SCHOOL BUILDING’S PRINCIPAL OR PROGRAM DIRECTOR AND CONSISTING OF A CROSS-SECTION OF FACULTY WHO ARE INTERESTED IN WORKING TO IMPROVE LITERACY INSTRUCTION ACROSS THE CURRICULUM. (F) “SECTION 504 PLAN” MEANS A PLAN UNDER SECTION 504 OF TITLE V OF THE REHABILITATION ACT OF 1973, 29 USC 794. Second: That the House and Senate agree to the title of the bill to read as follows: A bill to amend 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” (MCL 380.1 to 380.1852) by adding section 1280f. Kevin Cotter Amanda Price Conferees for the House Phil Pavlov Goeff Hansen David Knezek Conferees for the Senate he question being on the adoption of the conference report, T The first conference report was adopted, a majority of the members serving voting therefor, as follows: Roll Call No. 533 Yeas—25 Booher Hune Marleau Robertson Brandenburg Jones Meekhof Schmidt Casperson Knezek Nofs Schuitmaker Green Knollenberg O’Brien Shirkey Hansen Kowall Pavlov Stamas Hildenbrand MacGregor Proos Zorn Horn 1608 JOURNAL OF THE SENATE [September 21, 2016] [No. 65 Nays—10 Ananich Gregory Hopgood Warren Bieda Hertel Rocca Young Colbeck Hood Excused—2 Emmons Johnson Not Voting—0 In The Chair: O’Brien By unanimous consent the Senate returned to the order of Resolutions y unanimous consent the Senate returned to consideration of the following concurrent resolution: B House Concurrent Resolution No. 25. A concurrent resolution relative to secondary road patrol funds for counties providing road patrol services to cities and villages. The question being on the adoption of the concurrent resolution, The concurrent resolution was adopted, a majority of the members serving voting therefor, as follows: Roll Call No. 534 Yeas—35 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Stamas Colbeck Hune O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Knollenberg Robertson Nays—0 Excused—2 Emmons Johnson In The Chair: O’Brien Not Voting—0 No. 65] [September 21, 2016] JOURNAL OF THE SENATE 1609 Senator O’Brien offered the following resolution: Senate Resolution No. 212. A resolution to designate the final Sunday in September of each year as Gold Star Mother’s Day. Whereas, American Gold Star Mothers, Inc., a national organization of mothers whose sons and daughters lost their lives serving in the armed forces, was formed shortly after World War I by Grace Darling Seibold and a group of mothers who lost children in the Great War; and Whereas, Families participated in the practice of hanging a flag in a home’s front window bearing a blue star for every loved one serving in the Great War. When those service men and women lost their lives, the blue star was replaced with a gold star, representing the honor and glory accorded the person for their supreme sacrifice in offering for their country and the devotion and pride of the family in that sacrifice; and Whereas, We recognize and honor the women of Gold Star Mothers, a group whose purposes and activities include keep­ ing alive and developing the spirit that promoted world services; maintaining the ties of fellowship born of that service; and assisting and furthering all patriotic work, perpetuating the memory of those whose lives were sacrificed in wars maintaining true allegiance to the United States; assisting Gold Star Mothers and their descendants; assisting veterans and their families; promoting peace and goodwill for the United States and all other nations; and inculcating lessons of patriotism and love of country in local communities; and Whereas, We acknowledge the contributions and sacrifice that Gold Star Mothers and their fallen loved ones have made to our state and nation in the defense of our freedom; now, therefore be it Resolved by the Senate, That the members of this legislative body designate the final Sunday in September of each year as Gold Star Mother’s Day in the state of Michigan. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. enator O’Brien offered the following resolution: S Senate Resolution No. 213. A resolution to observe October 2016 as National Physical Therapy Month. Whereas, The state of Michigan encourages options for an active and healthy lifestyle; and Whereas, The state of Michigan now allows the citizens of Michigan to go directly to a physical therapist for injury prevention and promoting fitness; and Whereas, Physical therapists are experts in evaluating and treating movement dysfunction; and Whereas, In March 2016 the Centers for Disease Control released guidelines recommending nonpharmacological alterna­ tives to prescription opioids, such as physical therapy, as the preferred option for treating chronic pain; and Whereas, The Michigan Physical Therapy Association speaks for the best interests of the public in recommending physical therapy by a licensed physical therapist to optimize movement and function; and Whereas, Through a national effort, the Michigan Physical Therapy Association and community members are encouraged to join together to raise awareness of the importance of movement and activity in preventive health during the month of October 2016; and Whereas, This effort will bring awareness to our communities and around the country for healthier and more active life­ styles; now, therefore be it, Resolved by the Senate, That the members of this legislative body observe October 2016 as National Physical Therapy Month in the state of Michigan, and in doing so, urge all citizens to join in a national effort to raise health and fitness aware­ness. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. enator Kowall offered the following concurrent resolution: S Senate Concurrent Resolution No. 32. A concurrent resolution prescribing the legislative schedule. Resolved by the Senate (the House of Representatives concurring), That when the Senate adjourns on Wednesday, September 21, 2016, it stands adjourned until Tuesday, October 18, 2016, at 10:00 a.m.; and when it adjourns on Thursday, October 20, 2016, it stands adjourned until Wednesday, November 9, 2016, at 10:00 a.m.; and be it further Resolved, That when the House of Representatives adjourns on Thursday, September 22, 2016, it stands adjourned until Wednesday, October 19, 2016, at 1:30 p.m.; and when it adjourns on Wednesday, October 19, 2016, it stands adjourned until Wednesday, November 9, 2016, at 1:30 p.m. 1610 JOURNAL OF THE SENATE [September 21, 2016] [No. 65 ending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, P Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The concurrent resolution was adopted. By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that, pursuant to rule 1.114, upon receipt of Senate bills returned from the House of Repre­ sentatives, the Secretary of the Senate be directed to proceed with the enrollment printing and presentation of the bills to the Governor. The motion prevailed. The following communication was received and read: Office of Senator Curtis Hertel, Jr. September 20, 2016 I am writing to request my addition in co‑sponsorship of Senate Bill 1088, sponsored by Senator MacGregor. Please feel free to contact me if you need any further information. Sincerely, Curtis Hertel Jr. State Senator District 23 The communication was referred to the Secretary for record. Committee Reports The Committee on Economic Development and International Investment reported Senate Bill No. 1026, entitled A bill to provide for the establishment of certain tax increment finance authorities; to prescribe the powers and duties of the authorities; to correct and prevent deterioration in residential, commercial, and industrial areas and certain other areas; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans and development areas; to promote residential and economic growth; to create certain boards; to prescribe the powers and duties of certain boards; to authorize the issuance of bonds and other evidences of indebtedness; to levy certain taxes; to authorize the use of tax increment financing; to prescribe powers and duties of certain state officials; to provide for rule promulgation; to provide for enforcement of this act; and to repeal acts and parts of acts. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Kenneth B. Horn Chairperson To Report Out: Yeas: Senators Horn, Schmidt, Brandenburg, Emmons, Warren and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Economic Development and International Investment submitted the following: T Meeting held on Tuesday, September 20, 2016, at 2:00 p.m., Room 210, Farnum Building Present: Senators Horn (C), Schmidt, Brandenburg, Stamas, Emmons, Warren and Bieda The Committee on Health Policy reported House Bill No. 4674, entitled A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100a, 100c, 202, 401, 404, 420, 422, 423, 425, 426, 427, 429, 431, 434, 435, 447, 448, 449, 451, 452, 453, 454, 455, 461, 463, 468, 469a, 472a, 474, No. 65] [September 21, 2016] JOURNAL OF THE SENATE 1611 474a, and 475 (MCL 330.1100a, 330.1100c, 330.1202, 330.1401, 330.1404, 330.1420, 330.1422, 330.1423, 330.1425, 330.1426, 330.1427, 330.1429, 330.1431, 330.1434, 330.1435, 330.1447, 330.1448, 330.1449, 330.1451, 330.1452, 330.1453, 330.1454, 330.1455, 330.1461, 330.1463, 330.1468, 330.1469a, 330.1472a, 330.1474, 330.1474a, and 330.1475), section 100a as amended by 2012 PA 500, section 100c as amended by 2015 PA 59, sections 202, 420, 423, 425, 426, 427, 429, 431, 434, 435, 448, 449, 451, 452, 453, 454, 455, 461, 463, and 468 as amended by 1995 PA 290, section 401 as amended by 2004 PA 496, section 422 as amended by 2004 PA 317, section 469a as amended by 2004 PA 497, sections 472a and 475 as amended by 2004 PA 498, and sections 474 and 474a as added by 1996 PA 588, and by adding section 400b; and to repeal acts and parts of acts. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Robertson, Hertel, Knezek and Hopgood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Tuesday, September 20, 2016, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood The Committee on Economic Development and International Investment reported Senate Bill No. 25, entitled A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transporta­ tion commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 9 (MCL 247.909), as amended by 1993 PA 149. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Kenneth B. Horn Chairperson To Report Out: Yeas: Senators Horn, Schmidt, Brandenburg, Stamas, Emmons, Warren and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Economic Development and International Investment reported Senate Bill No. 1049, entitled A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending sections 1, 3, 11, 12, 12a, and 13 (MCL 247.901, 247.903, 247.911, 247.912, 247.912a, and 247.913), section 1 as amended by 2010 PA 238, sections 3 and 12 as amended and section 12a as added by 1993 PA 149, and section 11 as amended by 2014 PA 302. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Kenneth B. Horn Chairperson To Report Out: Yeas: Senators Horn, Schmidt, Brandenburg, Stamas, Emmons, Warren and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. 1612 JOURNAL OF THE SENATE [September 21, 2016] [No. 65 The Committee on Economic Development and International Investment reported Senate Bill No. 1061, entitled A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2, 8a, 11, 13, 15, and 16 (MCL 125.2652, 125.2658a, 125.2661, 125.2663, 125.2665, and 125.2666), section 2 as amended by 2013 PA 67 and section 8a as added and sections 13, 15, and 16 as amended by 2012 PA 502, and by adding sections 13a and 14a. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Kenneth B. Horn Chairperson To Report Out: Yeas: Senators Horn, Schmidt, Brandenburg, Stamas, Emmons, Warren and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Economic Development and International Investment reported Senate Bill No. 1062, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 51e. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Kenneth B. Horn Chairperson To Report Out: Yeas: Senators Horn, Schmidt, Brandenburg, Stamas, Emmons, Warren and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Economic Development and International Investment reported Senate Bill No. 1063, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2015 PA 262. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Kenneth B. Horn Chairperson To Report Out: Yeas: Senators Horn, Schmidt, Brandenburg, Stamas, Emmons, Warren and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Economic Development and International Investment reported Senate Bill No. 1064, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 21 (MCL 205.111), as amended by 2015 PA 263. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Kenneth B. Horn Chairperson To Report Out: Yeas: Senators Horn, Schmidt, Brandenburg, Stamas, Emmons, Warren and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Economic Development and International Investment reported Senate Bill No. 1065, entitled A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 9 (MCL 125.2689), as amended by 2011 PA 315. No. 65] [September 21, 2016] JOURNAL OF THE SENATE 1613 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Kenneth B. Horn Chairperson To Report Out: Yeas: Senators Horn, Schmidt, Brandenburg, Stamas, Emmons, Warren and Bieda Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Conference Committee on Education (HB 4822) submitted the following report: T Meeting held on Tuesday, September 20, 2016, at 5:30 p.m., Room 424, Capitol Building Present: Senators Pavlov, Hansen and Knezek COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, September 21, 2016, at 2:00 p.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Scheduled Meetings Appropriations Subcommittee State Police and Military Affairs - Tuesday, September 27, 10:00 a.m., Marshall Regional Law Enforcement Center, 714 17 Mile Road, Marshall (373-2768) Criminal Justice Policy Commission - Wednesday, October 5, 9:00 a.m., House Appropriations Room, 3rd Floor, Capitol Building (373-0212) Senate Fiscal Agency Board of Governors - Thursday, September 22, 9:45 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-2768) Veterans, Military Affairs and Homeland Security - Thursday, September 22, 2:00 p.m., Room 110, Farnum Building (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 4:34 p.m. Pursuant to Senate Concurrent Resolution No. 32, the Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Tuesday, October 18, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1614 No. 66 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Tuesday, October 18, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—present Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 1616 JOURNAL OF THE SENATE [October 18, 2016] [No. 66 ishop Gary Hansen of Faith Lutheran Church of Sidney offered the following invocation: B Lord God, on this beautiful morning in the state of Michigan, we are grateful to be here. We thank You for the vision You have planted in us of what might be. We have learned it from parents and experiences and all kinds of opportunity to grow in faith. We thank You for calling us individually and gifting us to be leaders and servants at the same time. We are here for a reason. Our prayer is that we will each build up our own communities and, together, the state of Michigan, always strengthening how we live together. Finally, we pray that You would help us to each be patient and caring and good listeners of one another. We pray this in the name of Jesus the Christ. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Kowall moved that Senators Brandenburg, Casperson, Knollenberg, MacGregor and Stamas be temporarily excused from today’s session. The motion prevailed. Senators Brandenburg, Casperson, MacGregor, Stamas and Knollenberg entered the Senate Chamber. enator Hood moved that Senator Young be temporarily excused from today’s session. S The motion prevailed. Senator Young entered the Senate Chamber. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:07 a.m. 11:32 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today: Senate Bill No. 627 Senate Bill No. 1087 Senate Bill No. 1073 Senate Bill No. 1074 Senate Bill No. 1075 Senate Bill No. 992 The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved that the rules be suspended and that the following resolution, now on Committee Reports, be placed on the Resolutions calendar for consideration today: Senate Resolution No. 204 The motion prevailed, a majority of the members serving voting therefor. The following communication was received and read: Office of the Senate Majority Leader I would like Senate Bill 1104 re-referred to the Senate Committee on Michigan Competitiveness. September 22, 2016 No. 66] [October 18, 2016] JOURNAL OF THE SENATE 1617 If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communication was referred to the Secretary for record. The following communication was received and read: Michigan Legislature October 12, 2016 ursuant to MCL 600.1082, Speaker Cotter and I are appointing the following person to the State Drug Treatment P Court Advisory Committee: The Honorable Louise Alderson, 54A District Court, replacing the Honorable Harvey Hoffman who has recently resigned. The Honorable Louise Alderson, a district court judge who has presided for at least 2 years over the district’s drug treatment court, will serve for a term ending September 18, 2017. Sincerely Arlan B. Meekhof Senate Majority Leader 30th District Kevin Cotter Speaker of the House 99th District The communication was referred to the Secretary for record. The following communication was received: Office of Senator Vincent Gregory September 21, 2016 ursuant to Senate Rule 1.110(c), I am requesting that my name be added as a co‑sponsor to Senate Bill 1068, which P was introduced on September 8, 2016, by Senator Marty Knollenberg and is currently in the Senate Transportation Committee. If you have any questions, please feel free to contact my office. Sincerely, Vincent Gregory State Senator 11th District The communication was referred to the Secretary for record. The following communications were received and read: Office of the Auditor General October 6, 2016 nclosed is a copy of the following follow-up report on the performance audit: E • Renaissance Zone Program, Michigan Economic Development Corporation (MEDC) Corporate Income Tax and Michigan Business Tax. October 12, 2016 nclosed is a copy of the following performance audit: E • Michigan State Disbursement Unit, Office of Child Support, Michigan Department of Health and Human Services. Sincerely, Doug Ringler Auditor General The audit reports were referred to the Committee on Government Operations. 1618 JOURNAL OF THE SENATE [October 18, 2016] [No. 66 The following communications were received: Department of State Administrative Rules Notices of Filing September 28, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-030-LR (Secretary of State Filing #16-09-03) on this date at 3:46 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Emergency 9-1-1 Services Multiline Telephone Systems.” These rules become effective 7 days after filing with the Secretary of State. October 6, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-015-LR (Secretary of State Filing #16-10-01) on this date at 3:32 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Part 19. Tools.” These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, September 21: House Bill Nos. 5572 5591 The Secretary announced that the following House bills were received in the Senate and filed on Thursday, September 22: House Bill Nos. 4281 4282 5288 5289 5469 5470 5471 5472 5473 5474 5475 5476 5477 5478 5504 5651 5652 5730 5753 5790 5826 5838 5839 5842 5843 5844 5845 5846 The Secretary announced the enrollment printing and presentation to the Governor on Friday, September 23, for his approval the following bill: Enrolled Senate Bill No. 218 at 12:12 p.m. The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, September 28, for his approval the following bills: Enrolled Senate Bill No. 92 at 2:42 p.m. Enrolled Senate Bill No. 93 at 2:44 p.m. Enrolled Senate Bill No. 94 at 2:46 p.m. Enrolled Senate Bill No. 95 at 2:48 p.m. Enrolled Senate Bill No. 96 at 2:50 p.m. Enrolled Senate Bill No. 866 at 2:52 p.m. Enrolled Senate Bill No. 867 at 2:54 p.m. Enrolled Senate Bill No. 868 at 2:56 p.m. Enrolled Senate Bill No. 869 at 2:58 p.m. Enrolled Senate Bill No. 956 at 3:00 p.m. Enrolled Senate Bill No. 1007 at 3:02 p.m. The Secretary announced that the following bills were printed and filed on Tuesday, September 20, and are available at the Michigan Legislature website: House Bill Nos. 5891 5892 5893 5894 5895 5896 5897 5898 5899 5900 5901 5902 5903 The Secretary announced that the following bills were printed and filed on Wednesday, September 21, and are available at the Michigan Legislature website: Senate Bill Nos. 1089 1090 1091 1092 1093 1094 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 No. 66] [October 18, 2016] JOURNAL OF THE SENATE 1619 House Bill Nos. 5904 5905 5906 5907 5908 5909 5910 5911 5912 5913 5914 5915 5916 5917 5918 5919 5920 5921 5922 5923 5924 5925 The Secretary announced that the following bills and joint resolution were printed and filed on Thursday, September 22, and are available at the Michigan Legislature website: House Bill Nos. 5926 5927 5928 5929 5930 5931 5932 5933 5934 5935 5936 5937 5938 5939 5940 5941 5942 5943 5944 5945 5946 House Joint Resolution SS Messages from the Governor The following messages from the Governor were received and read: September 23, 2016 I respectfully submit to the Senate the following appointments to office: Governor’s Council on Genocide and Holocaust Education Robin Axelrod of 1610 Kearney Road, Ann Arbor, Michigan 48104, county of Washtenaw, is appointed for a term expiring August 26, 2018. Edmond Y. Azadian of 6340 Celeste Court, West Bloomfield, Michigan 48322, county of Oakland, is appointed for a term expiring August 26, 2018. Brian S. Durham of 1245 W. Grand River Avenue, 11A, East Lansing, Michigan 48823, county of Ingham, is appointed for a term expiring August 26, 2018. Corey L. Harbaugh of 31903 Brandywine Lake Road, Gobles, Michigan 49055, county of Van Buren, is appointed for a term expiring August 26, 2018. Nelson Hersh of 5221 North Bay Drive, Orchard Lake, Michigan 48324, county of Oakland, is appointed for a term expiring August 26, 2018. Cindy A. Hughey of 2461 Emerald Lake Drive, East Lansing, Michigan 48823, county of Ingham, is appointed for a term expiring August 26, 2018. Corinne V. Khederian of 441 North Glenhurst Drive, Bloomfield Township, Michigan 48301, county of Oakland, is appointed for a term expiring August 26, 2018. Lara S. Nercessian of 3867 Yorba Linda Boulevard, Royal Oak, Michigan 48073, county of Oakland, is appointed for a term expiring August 26, 2018. Richard Norsigian of 29958 High Valley Road, Farmington Hills, Michigan 48331, county of Oakland, is appointed for a term expiring August 26, 2018. Yosef Weingarten of 2615 Michigan, N.E., Grand Rapids, Michigan 49506, county of Kent, is appointed for a term expiring August 26, 2018. Ara Sanjian of 7303 Reuter Street, Dearborn, Michigan 48126, county of Wayne, is appointed for a term expiring August 26, 2018. Michael T. Walenta of 2449 Rockhill Drive, N.E., Grand Rapids, Michigan 49525, county of Kent, is appointed for a term expiring August 26, 2018. Kenneth A. Waltzer of 5555 White Ash Lane, Haslett, Michigan 48840, county of Ingham, is appointed for a term expiring August 26, 2018. Lori D. Weisberg of 6950 Falcon Court, West Bloomfield, Michigan 48322, county of Oakland, is appointed for a term expiring August 26, 2018. Lori E. Talsky of 5904 Wing Lake Road, Bloomfield Hills, Michigan 48301, county of Oakland, is appointed for a term expiring August 26, 2018. September 23, 2016 I respectfully submit to the Senate the following appointments to office: Oakland University Board of Control Tonya Allen of 6720 Michael Drive, Troy, Michigan 48098, county of Oakland, succeeding Richard Flynn, is appointed for a term expiring August 11, 2024. Marianne Fey Miller of 544 Brookside Avenue, Birmingham, Michigan 48009, county of Oakland, succeeding Robert I. Schostak, is appointed for a term expiring August 11, 2020. Robert I. Schostak of 4376 Oak Grove Drive, Bloomfield Hills, Michigan 48302, county of Oakland, succeeding Michael Kramer, is appointed for a term expiring August 11, 2024. 1620 JOURNAL OF THE SENATE [October 18, 2016] [No. 66 September 30, 2016 I respectfully submit to the Senate the following appointments to office: Autism Council Colleen M. Allen of 1370 Wellesley Drive, Detroit, Michigan 48203, county of Wayne, representing non-profit organizations serving those with ASD, succeeding herself, is reappointed for a term expiring September 30, 2020. Krista Clancy of 2000 Glen Iris Drive, Commerce Township, Michigan 48382, county of Oakland, representing state universities, succeeding Richard Fuqua, is appointed for a term expiring September 30, 2020. Elizabeth D. Kowal of 1700 Sterling Oaks Court, Ada, Michigan 49301, county of Kent, representing medical/services centers or health care providers, succeeding Jane Turner, is appointed for a term expiring September 30, 2020. Stacie W. Rulison of 6233 Welter Road, Saint Johns, Michigan 48879, county of Clinton, representing individuals with ASD or an individual who is a family member of an individual with ASD, succeeding herself, is reappointed for a term expiring September 30, 2020. September 30, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Board of Nursing Elizabeth Horton of 427 N. Oak Street, Fenton, Michigan 49430, county of Genesee, representing professional registered nurses with a baccalaureate degree engaged in nursing practice or nursing administration, succeeding Mary Brown, is appointed for a term expiring June 30, 2019. September 30, 2016 I respectfully submit to the Senate the following appointment to office: Wayne County Airport Authority Mark Ouimet of 3502 River Pines Drive, Ann Arbor, Michigan 48103, county of Washtenaw, succeeding Suzanne Hall, is appointed for a term commencing October 1, 2016, and expiring October 1, 2022. October 3, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Commission on Law Enforcement Standards Ronald J. Bretz of 3521 Delta River Drive, Lansing, Michigan 48906, county of Ingham, representing criminal defense attorneys of Michigan, succeeding himself, is reappointed for a term expiring November 1, 2018. Timothy Donnellon of 4171 Emmett Road, Emmett, Michigan 48022, county of Saint Clair, representing the Michigan Sheriff’s Association, succeeding James Bosscher, is appointed for a term expiring November 1, 2018. David A. Hiller of 1324 Audubon Drive, Grosse Pointe Park, Michigan 48230, county of Wayne, representing the Michigan Fraternal Order of Police, succeeding John Buczek, is appointed for a term expiring November 1, 2017. Nathan S. Johnson of 11162 Scipio Highway, Vermontville, Michigan 49096, county of Eaton, representing the Michigan State Police Troopers Association, succeeding Michael Luty, is appointed for a term expiring November 1, 2017. Donald C. Mawer of 695 Willow Lane, Frankenmuth, Michigan 48734, county of Saginaw, representing the Michigan Association of Chiefs of Police, succeeding himself, is reappointed for a term expiring November 1, 2017. David E. Molloy of 41497 Twain Place, Novi, Michigan 48377, county of Oakland, representing the Michigan Association of Chiefs of Police, succeeding Doreen Ensign Olko, is appointed for a term expiring November 1, 2018. Michael D. Wendling of 10256 Webb Road, Goodells, Michigan 48027, county of Saint Clair, representing the Prosecuting Attorneys Association, succeeding himself, is reappointed for a term expiring November 1, 2018. Leslie D. Wright of 645 Norton Gibbs Drive, Ithaca, Michigan 48847, county of Gratiot, representing the Michigan Sheriff’s Association, succeeding Leo Mioduszewski, is appointed for a term expiring November 1, 2016. Thomas R. Zulch of 104 S. Bywood Avenue, Clawson, Michigan 48017, county of Oakland, representing the Michigan Police Officers Labor Council, succeeding Richard R. Weiler, is appointed for a term expiring November 1, 2018. October 5, 2016 I respectfully submit to the Senate the following appointments to office: Chair - Michigan PreK-12 Literacy Commission Amanda S. Norton-Price of 3975 Lakeridge Drive, Holland, Michigan 49424, county of Ottawa, is appointed for a term expiring at the pleasure of the Governor. ichigan PreK-12 Literacy Commission M Lois A. Bader of 2523 Duryea Court, East Lansing, Michigan 48823, county of Ingham, a member submitted by the Superintendent of Public Instruction, is appointed for a term expiring October 31, 2020. Steve Goodman of 14657 Pepperridge Drive, Grand Haven, Michigan 49417, county of Ottawa, is appointed for a term expiring October 31, 2020. No. 66] [October 18, 2016] JOURNAL OF THE SENATE 1621 JaNel L. Jamerson of 6301 Fleming Road, Flint, Michigan 48504, county of Genesee, a member submitted by the Senate Majority Leader, is appointed for a term expiring October 31, 2018. John Kennedy of 4152 East Paris Avenue, S.E., Kentwood, Michigan 49512, county of Kent, is appointed for a term expiring October 31, 2018. Kyle Mayer of 12923 Wilderness Trail, Grand Haven, Michigan 49417, county of Ottawa, is appointed for a term expiring October 31, 2019. Susan Medendorp of 941 Alexandria Drive, Lansing, Michigan 48917, county of Eaton, is appointed for a term expiring October 31, 2017. Naomi Norman of 2608 Devonshire Road, Ann Arbor, Michigan 48104, county of Washtenaw, is appointed for a term expiring October 31, 2018. Amanda S. Norton-Price of 3975 Lakeridge Drive, Holland, Michigan 49424, county of Ottawa, a member submitted by the Speaker of the House, is appointed for a term expiring October 31, 2018. Jeremy C. Reuter of 8788 E. State Road, Haslett, Michigan 48840, county of Ingham, is appointed for a term expiring October 31, 2019. Nadra Shami of 5494 Ternes Road, Dearborn, Michigan 48126, county of Wayne, a member submitted by the Superintendent of Public Instruction, is appointed for a term expiring October 31, 2020. Denise L. Smith of 5766 Trumbull Drive, 210, Detroit, Michigan 48208, county of Wayne, is appointed for a term expiring October 31, 2017. October 14, 2016 I respectfully submit to the Senate the following appointments to office: Board of Barber Examiners Eric W. Dimoff of 1899 Culver Hill Drive, Williamston, Michigan 48895, county of Ingham, representing the general public, succeeding himself, is reappointed for a term expiring September 30, 2020. Perry G. Vitto of 8073 Elmhurst Drive, Canton, Michigan 48187, county of Wayne, representing barbers, succeeding himself, is reappointed for a term expiring September 30, 2020. October 14, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Law Enforcement Officers Memorial Monument Fund Commission Linda J. Emmert of 4750 N. Omena Pointe Road, Omena, Michigan 49674, county of Leelanau, representing an individual nominated by the executive director of the Michigan Fraternal of Police who is survived by an officer killed while on duty who served with a municipal police department of a municipality with a population of 500,000 or less, succeeding herself, is reappointed for a term expiring June 30, 2020. October 14, 2016 I respectfully submit to the Senate the following appointments to office: Board of Mechanical Rules David S. Galbreath of 3470 Segwun Avenue, S.E., Lowell, Michigan 49331, county of Kent, representing unlimited service heating and refrigeration, succeeding Richard Dvorak, is appointed for a term expiring October 1, 2020. Terry A. Gilligan of 34761 Navin Street, Livonia, Michigan 48152, county of Wayne, representing organized labor representing mechanical trades, succeeding Kevin Carden, is appointed for a term expiring October 1, 2020. Craig R. Howson of 679 South 8 Mile Road, Midland, Michigan 48640, county of Midland, representing refrigeration service, succeeding himself, is reappointed for a term expiring October 1, 2020. Matthew Marsiglio of 21219 Martin Road, St. Clair Shores, Michigan 48081, county of Macomb, representing limited service heating and refrigeration, succeeding himself, is reappointed for a term expiring October 1, 2020. Gerald F. Philo of 16938 White Haven Drive, Northville, Michigan 48168, county of Wayne, representing professional mechanical engineers, succeeding himself, is reappointed for a term expiring October 1, 2020. Bruce E. Seiler of 29259 Galloway Drive, Roseville, Michigan 48066, county of Macomb, representing fire suppression, succeeding himself, is reappointed for a term expiring October 1, 2020. October 14, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Board of Medicine Paul Sophiea of 610 S. Lafayette Street, Dearborn, Michigan 48124, county of Wayne, representing the general public, succeeding Cindy Pasky, is appointed for a term expiring December 31, 2017. October 14, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Board of Osteopathic Medicine and Surgery Ronald H. Bradley of 6182 Lounsbury Road, Williamston, Michigan 48895, county of Ingham, representing physicians, succeeding Thomas Goodwin, is appointed for a term expiring December 31, 2018. 1622 JOURNAL OF THE SENATE [October 18, 2016] [No. 66 October 14, 2016 I respectfully submit to the Senate the following appointment to office: Board of Real Estate Appraisers Martin J. Wagar of 3708 Blackberry Drive, Kalamazoo, Michigan 49008, county of Kalamazoo, representing licensed real estate appraisers, succeeding Karen Myers, is appointed for a term expiring June 30, 2020. October 17, 2016 ue to an error on the letter dated October 14, 2016 and filed with your office on October 14, 2016, please be advised D of the following corrections appearing in bold print. Chair – Building 21st Century Economy Commission Santanu K. Baruah of 70 Middlesex Road, Grosse Pointe Park, Michigan 48230, county of Wayne, is appointed for a term expiring at the pleasure of the Governor. uilding 21st Century Economy Commission B Santanu K. Baruah of 70 Middlesex Road, Grosse Pointe Park, Michigan 48230, county of Wayne, is appointed for a term expiring at the pleasure of the Governor. JoAnn T. Crary of 8 Trillium Court, Frankenmuth, Michigan 48734, county of Saginaw, is appointed for a term expiring at the pleasure of the Governor. Kathi Dobies of 30522 Georgetown Avenue, Beverly Hills, Michigan 48025, county of Oakland, is appointed for a term expiring at the pleasure of the Governor. James Holcomb of 1505 Downing Street, Haslett, Michigan 48840, county of Ingham, is appointed for a term expiring at the pleasure of the Governor. Joseph J. Lauer of 600 Suffield Avenue, Birmingham, Michigan 48009, county of Oakland, is appointed for a term expiring at the pleasure of the Governor Jason McCormick of 9321 Lewis Road, Portland, Michigan 48875, county of Ionia, is appointed for a term expiring at the pleasure of the Governor. Timothy J. Nelson of 307 Knollwood Drive, Traverse City Michigan, 49686, county of Grand Traverse, is appointed for a term expiring at the pleasure of the Governor. Sandra E. Pierce of 15348 Bay Hill Drive, Northville, Michigan 48168, county of Wayne, is appointed for a term expiring at the pleasure of the Governor. Thomas C. Pleger of 803 N. Campus Court, Sault Ste. Marie, Michigan 49783, county of Chippewa, is appointed for a term expiring at the pleasure of the Governor. Nedda N. Shayota of 780 Vaughan Road, Bloomfield Hills, Michigan 48304, county of Oakland, is appointed for a term expiring at the pleasure of the Governor. Jessica A. Tyson of 2180 44th Street, Kentwood, Michigan 49508, county of Kent, is appointed for a term expiring at te pleasure of the Governor. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. The following message from the Governor was received on September 22, 2016, and read: EXECUTIVE ORDER No. 2016-19 Creation of the Office of Chief Medical Executive Creation of the Public Health Advisory Commission Executive Office of the Governor Department of Health and Human Services WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and WHEREAS, Section 4 of Article V of the Michigan Constitution of 1963 authorizes establishment of temporary commissions or agencies for special purposes; and WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor unless otherwise provided by the Constitution; and No. 66] [October 18, 2016] JOURNAL OF THE SENATE 1623 HEREAS, protecting and promoting the public health is an essential function of government; and W WHEREAS, the creation of an Office of the Chief Medical Executive in the Department of Health and Human Services will help to protect and promote public health in Michigan by advising the Governor and the Department on public health issues, assessing the state of public health in Michigan, and communicating health information to the public; and WHEREAS, the establishment of a Public Health Advisory Commission will help to protect and promote public health in Michigan by providing advice and assistance on best practices for the organization of functions and the delivery of public health services by state and local governments; NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I. DEFINITIONS As used in this Order: A. “Commission” means the Public Health Advisory Commission created under Section III of this Order. B. “Department” means the Department of Health and Human Services. C. “Director” means the Director of the Department of Health and Human Services. D. “Office” means the Office of Chief Medical Executive created under Section II of this Order. II.  CREATION OF THE OFFICE OF CHIEF MEDICAL EXECUTIVE A. The Office of Chief Medical Executive is created within the Department of Health and Human Services. B. The head of the Office shall be the new Chief Medical Executive. The new Chief Medical Executive shall be a physician appointed by the Governor who shall serve at the pleasure of the Governor. The new Chief Medical Executive shall carry out the functions vested in the Office by this Order, as otherwise provided by law, and as directed by the Director and the Governor. The new Chief Medical Executive shall serve as a member of the Governor’s Cabinet. C. The new Chief Medical Executive shall be a full-time employee of the Department who shall be exempt from and not within the classified state civil service. D. The new Chief Medical Executive shall carry out any and all authority, powers, duties, functions, and responsibilities of the Chief Medical Executive under Subsection 2202(2) of the Public Health Code, 1978 PA 368, as amended, MCL 333.2202. The position of Chief Medical Executive established by Subsection 2202(2) of the Public Health Code, 1978 PA 368, as amended, MCL 333.2202, is abolished. E. The Office shall disseminate public health information, including, but not limited to, advocating disease prevention and promoting the Department’s public health initiatives. F. The Office shall, where appropriate, collaborate with public and private public health stakeholders in Michigan, including, but not limited to, institutions of higher learning, hospitals, and professional organizations. G. The Office shall establish performance measures and other objective criteria to inform the public about the state of public health in Michigan and the Department’s public health initiatives. The Office shall publish those measures and other information the Director considers appropriate on the Department’s website. H. The Office shall issue an annual report to the Governor, the legislature, and the public addressing the state of public health in Michigan and outlining the accomplishments and strategic goals of the Department relating to public health. I. The Office shall otherwise assist in the development and implementation of the Department’s public health mission and values to protect, promote, and preserve the health of Michigan residents. J. The Department shall ensure that the Office has adequate funding and staffing to accomplish the responsibilities set forth in this Order. III.  CREATION OF THE PUBLIC HEALTH ADVISORY COMMISSION A. The Public Health Advisory Commission is created as a temporary commission pursuant to Article V, Section 4 of the Michigan Constitution of 1963 and shall serve as an advisory body within the Executive Office of the Governor. B. The Commission shall be an independent and autonomous entity with the intent that its authority, powers, duties, and responsibilities be exercised free from the direction and supervision of the principal departments in the executive branch and shall be composed of twenty-four (24) members appointed as follows: 1. The new Chief Medical Executive shall be a voting member and shall serve as the chairperson of the Commission. 2. The Governor shall appoint eighteen (18) voting members to the Commission serving at the pleasure of the Governor. 3. The following five (5) department heads or their designees from within their respective departments who shall serve as non-voting, ex officio members: • The Department of Agriculture and Rural Development • The Department of Environmental Quality • The Department of Health and Human Services • The Department of Licensing and Regulatory Affairs • The Department of State Police, or a designee from the Division of Emergency Management and Homeland Security, within the Department of State Police. C. A vacancy on the Commission shall be filled in the same manner as the original appointment. D. The eighteen voting members of the Commission appointed by the Governor shall include at least one member residing in each of Michigan’s Regional Prosperity Initiative zones. 1624 JOURNAL OF THE SENATE [October 18, 2016] [No. 66 E. The eighteen voting members of the Commission appointed by the Governor shall include at least one member representing each of the following categories: • A physician • A registered nurse • A licensed pharmacist • A veterinarian • A representative of a nationally-accredited medical school • A representative of a school of public health from an institution of higher education in the state • A local public health official • A person with experience in hospital administration • A local director of public works • An epidemiologist • A toxicologist • A food safety expert • An expert in environmental health; and • A representative of a non-profit health or environmental organization. IV.  CHARGE TO THE COMMISSION The Commission shall act in an advisory capacity to the Governor and the state of Michigan, and shall do all of the following: 1. Provide advice about emerging issues in public health, or other public health advice, as requested by the Governor or the Director. 2. Complete an assessment of the current public health service delivery system in Michigan, at both the state and local level, including a review of (i) the organization of public health functions within and across the executive departments of this state, (ii) the division of responsibilities between state and local public health authorities, and (iii) the regulatory framework established by the Public Health Code, 1978 PA 368, as amended, MCL 333.1101 et seq. 3. Research and benchmark other states to identify best practices in public health governance. 4. Recommend changes to (i) the organization of public health functions within and across the executive departments of this state, (ii) the division of responsibilities between state and local public health authorities, and (iii) the regulatory framework established by the Public Health Code, 1978 PA 368, as amended, MCL 333.1101 et seq., as necessary to best protect and promote public health in Michigan. 5. Prioritize the Commission’s recommendations for implementation. 6. Provide other information or advice as directed by the Governor. 7. No later than April 1, 2017, the Commission shall complete its work and issue a final report to the Governor for his consideration. A copy of the final report shall be transmitted to the Legislature. 8. Ninety (90) days after issuance and transference of its final report, the Commission shall be deemed to have met the charges placed upon it by this Order and shall cease operations. V.  OPERATIONS OF THE COMMISSION A. The Commission shall be staffed by personnel from and assisted by state departments and agencies as directed by the Office of the Governor. B. The Commission may select from among its members a Vice Chairperson. C. The Commission shall meet at the call of the Chairperson and as may be provided in procedures adopted by the Commission. Meetings of the Commission may be held anywhere within the state of Michigan. D. The Commission may establish workgroups or committees assigning Commission members to and inviting public participation on these workgroups or committees as the Commission deems necessary. E. The Commission may adopt, reject, or modify recommendations made by the workgroups or committees. F. A majority of the voting members of the Commission serving constitutes a quorum for the transaction of the Commission’s business, notwithstanding the existence of one or more vacancies. The Commission shall act by majority vote of its present and voting members. G. The Commission shall adopt procedures consistent with Michigan law and this Order governing its organization and operations. H. The Commission may, as appropriate, make inquiries, studies, investigations, hold hearings, and receive comments from the public. Subject to the Governor’s approval, the Commission may consult with outside experts in order to perform its duties, including, but not limited to, experts in the private sector, government agencies, institutions of higher education, and the nonprofit sector. I. Members of the Commission shall serve without compensation. Subject to the Governor’s approval and available funding, members of the Commission may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Michigan Civil Service Commission and the Department of Technology, Management and Budget. No. 66] [October 18, 2016] JOURNAL OF THE SENATE 1625 J. Subject to the Governor’s approval, the Commission may hire or retain contractors, sub-contractors, advisors, consultants, and agents, and may make and enter into contracts as necessary or incidental to the exercise of the powers of the Commission and the performance of its duties, as the Governor deems advisable and necessary in accordance with the relevant statutes, rules, and procedures of the Civil Service Commission and the Department of Technology, Management and Budget. K. The Commission may accept grants of funds, donations of funds, property, labor, services, or other things of value from any public or private agency or person. Any donations shall be expended in accordance with applicable laws, rules, and procedures. L. A member of the Commission shall not use for personal gain information obtained by the member while performing business of the Commission, nor shall a member of the Commission disclose confidential information obtained by the member while conducting Commission business, except as necessary to perform Commission business. M. Members of the Commission, staff, or contractors shall refer all legal, legislative, and media contact relating to Commission actions or activities to the Office of the Governor. VI. MISCELLANEOUS A. All departments, committees, commissioners, or officers of this state or of any political subdivision of this state shall give to the Commission, or to any member or representative of the Commission, any necessary assistance required by the Commission, or any member or representative of the Commission, in the performance of the duties of the Commission so far as is compatible with its, his, or her duties. Free access shall also be given to any books, records, or documents in its, his, or her custody, relating to matters within the scope of inquiry, study, or investigation of the Commission. B. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order shall not abate by any reason or by the taking effect of this Order. C. Nothing in this Order shall be construed to change the organization of the executive branch of state government or the assignment of functions among its units in a manner requiring the force of law. D. The invalidity of any portion of this Order shall not affect the validity of the remainder the Order. This Executive Order shall become effective upon filing. Given under my hand and the Great Seal of the state of [SEAL] Michigan this 21st day of September, in the Year of Our Lord Two Thousand Sixteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. The following messages from the Governor were received: Date: September 27, 2016 Time: 12:52 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 218 (Public Act No. 284), being An act to amend 2004 PA 46, entitled “An act to provide compensation to dependents of public safety officers who are killed or who are permanently and totally disabled in the line of duty; to create the public safety officers benefit fund; to prescribe the duties and responsibilities of certain state officers; and to make an appropriation,” by amending the title and section 2 (MCL 28.632) and by adding section 4a. (Filed with the Secretary of State on September 27, 2016, at 1:52 p.m.) Date: October 3, 2016 Time: 8:30 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 93 (Public Act No. 290), being An act to amend 1982 PA 302, entitled “An act to create the Michigan justice training commission and the Michigan justice training fund; to provide the powers and duties of certain state agencies; to provide for the distribution and expenditure of funds; and to provide for the promulgation of rules,” by amending sections 1, 2, 3, 4, 5, 6, 8, and 9 (MCL 18.421, 18.422, 18.423, 18.424, 18.425, 18.426, 18.428, and 18.429), sections 1, 2, 3, 4, 5, and 6 as amended and section 9 as added by 1989 PA 158, and by adding sections 7, 8a, and 10. (Filed with the Secretary of State on October 4, 2016, at 2:46 p.m.) 1626 JOURNAL OF THE SENATE [October 18, 2016] [No. 66 Date: October 3, 2016 Time: 8:32 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 94 (Public Act No. 291), being An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 7411 (MCL 333.7411), as amended by 2013 PA 223. (Filed with the Secretary of State on October 4, 2016, at 2:48 p.m.) Date: October 3, 2016 Time: 8:34 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 95 (Public Act No. 292), being An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 181 (MCL 600.181), as amended by 2008 PA 545. (Filed with the Secretary of State on October 4, 2016, at 2:50 p.m.) Date: October 3, 2016 Time: 8:36 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 96 (Public Act No. 293), being An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 11 of chapter III (MCL 763.11), as added by 2012 PA 479. (Filed with the Secretary of State on October 4, 2016, at 2:52 p.m.) No. 66] [October 18, 2016] JOURNAL OF THE SENATE 1627 Date: October 3, 2016 Time: 8:52 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 866 (Public Act No. 294), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 11701, 12102, 16901, 44501, and 82101 (MCL 324.11701, 324.12102, 324.16901, 324.44501, and 324.82101), section 11701 as amended by 2005 PA 199, section 12102 as amended by 2015 PA 224, section 16901 as amended by 2014 PA 543, section 44501 as amended by 2012 PA 294, and section 82101 as amended by 2014 PA 404. (Filed with the Secretary of State on October 4, 2016, at 2:54 p.m.) Date: October 3, 2016 Time: 8:54 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 867 (Public Act No. 295), being An act to amend 1996 PA 195, entitled “An act to provide for a waiver of tuition grant program at state public institutions of higher education for children and surviving spouses of Michigan police officers and fire fighters killed in the line of duty; to provide for the administration of that tuition grant program; to prescribe certain powers and duties of state officers, agencies, and departments; and to provide for an appropriation,” by amending section 2 (MCL 390.1242), as amended by 2012 PA 470. (Filed with the Secretary of State on October 4, 2016, at 2:56 p.m.) Date: October 3, 2016 Time: 8:56 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 868 (Public Act No. 296), being An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending sections 2950 and 2950a (MCL 600.2950 and 600.2950a), section 2950 as amended by 2016 PA 94 and section 2950a as amended by 2010 PA 19. (Filed with the Secretary of State on October 4, 2016, at 2:58 p.m.) Date: October 3, 2016 Time: 8:58 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 869 (Public Act No. 297), being An act to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 528a (MCL 750.528a), as amended by 2015 PA 26. (Filed with the Secretary of State on October 4, 2016, at 3:00 p.m.) Date: October 4, 2016 Time: 1:44 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 92 (Public Act No. 289), being An act to amend 1965 PA 203, entitled “An act to provide for the creation of the commission on law enforcement standards; to prescribe its membership, powers, and duties; to prescribe the reporting responsibilities of certain state and 1628 JOURNAL OF THE SENATE [October 18, 2016] [No. 66 local agencies; to provide for additional costs in criminal cases; to provide for the establishment of the law enforcement officers training fund; and to provide for disbursement of allocations from the law enforcement officers training fund to local agencies of government participating in a police training program,” by amending sections 1, 2, 3, 5, 6, 7, 9, 9a, 9b, 9c, 9d, 10, 11, 12, 13, and 14 (MCL 28.601, 28.602, 28.603, 28.605, 28.606, 28.607, 28.609, 28.609a, 28.609b, 28.609c, 28.609d, 28.610, 28.611, 28.612, 28.613, and 28.614), sections 1, 3, 5, 6, 7, 11, 12, and 14 as amended and sections 9a, 9b, 9c, and 9d as added by 1998 PA 237, section 2 as amended by 2013 PA 170, section 9 as amended by 2005 PA 239, and section 10 as amended by 2010 PA 67; and to repeal acts and parts of acts. (Filed with the Secretary of State on October 4, 2016, at 2:44 p.m.) Date: October 6, 2016 Time: 1:56 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 956 (Public Act No. 309), being An act to amend 1993 PA 327, entitled “An act to provide for a tax upon the sale and distribution of tobacco products; to regulate and license manufacturers, wholesalers, secondary wholesalers, vending machine operators, unclassified acquirers, transportation companies, transporters, and retailers of tobacco products; to prescribe the powers and duties of the revenue division and the department of treasury in regard to tobacco products; to provide for the administration, collection, and disposition of the tax; to levy an assessment; to provide for the administration, collection, defense, and disposition of the assessment; to provide for the enforcement of this act; to provide for the appointment of special investigators as peace officers for the enforcement of this act; to prescribe penalties and provide remedies for the violation of this act; to make and supplement appropriations; and to repeal acts and parts of acts,” by amending section 12 (MCL 205.432), as amended by 2014 PA 272. (Filed with the Secretary of State on October 6, 2016, at 3:54 p.m.) Date: October 6, 2016 Time: 1:58 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1007 (Public Act No. 310), being An act to amend 2012 PA 101, entitled “An act to create an autism coverage reimbursement program to encourage insurance and health coverage providers to provide autism coverage; to impose certain duties on certain state departments, agencies, and officials; to create certain funds; to authorize certain expenditures; and to provide for an appropriation,” by amending section 7 (MCL 550.1837). (Filed with the Secretary of State on October 6, 2016, at 3:56 p.m.) Respectfully, Rick Snyder Governor By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Young as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 403, entitled A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” (MCL 287.331 to 287.340) by adding section 8b. Senate Bill No. 670, entitled A bill to create a commission to commemorate the centennial of World War I; to prescribe the powers and duties of the commission; and to prescribe the powers and duties of certain state agencies and officials. No. 66] [October 18, 2016] JOURNAL OF THE SENATE 1629 Senate Bill No. 1087, entitled A bill to amend 1972 PA 299, entitled “An act to provide for the assessment, collection and disposition of the costs of regulation of public utilities,” (MCL 460.111 to 460.120) by adding section 5a. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4674, entitled A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100a, 100c, 202, 401, 404, 420, 423, 425, 426, 427, 429, 431, 434, 435, 438, 447, 448, 449, 451, 452, 453, 454, 455, 461, 463, 468, 469a, 472a, 474, 474a, and 475 (MCL 330.1100a, 330.1100c, 330.1202, 330.1401, 330.1404, 330.1420, 330.1423, 330.1425, 330.1426, 330.1427, 330.1429, 330.1431, 330.1434, 330.1435, 330.1438, 330.1447, 330.1448, 330.1449, 330.1451, 330.1452, 330.1453, 330.1454, 330.1455, 330.1461, 330.1463, 330.1468, 330.1469a, 330.1472a, 330.1474, 330.1474a, and 330.1475), section 100a as amended by 2012 PA 500, section 100c as amended by 2015 PA 59, sections 202, 420, 423, 425, 426, 427, 429, 431, 435, 438, 448, 449, 451, 452, 453, 454, 455, 461, 463, and 468 as amended by 1995 PA 290, section 401 as amended by 2004 PA 496, section 434 as amended by 2016 PA 113, section 469a as amended by 2004 PA 497, sections 472a and 475 as amended by 2004 PA 498, and sections 474 and 474a as added by 1996 PA 588, and by adding section 400b; and to repeal acts and parts of acts. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 1073, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43516 and 43523a (MCL 324.43516 and 324.43523a), section 43516 as amended by 2016 PA 36 and section 43523a as added by 2013 PA 108, and by adding section 43526b; and to repeal acts and parts of acts. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 1074, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43516 and 43525b (MCL 324.43516 and 324.43525b), section 43516 as amended by 2016 PA 36 and section 43525b as added by 2013 PA 108. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 1075, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43516, 43532, 43533, and 43536 (MCL 324.43516, 324.43532, 324.43533, and 324.43536), section 43516 as amended by 2016 PA 36 and sections 43532, 43533, and 43536 as amended by 2013 PA 108. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 992, entitled A bill to provide for the operation and regulation of unmanned aircraft systems in this state; to create the unmanned aircraft systems task force; to provide for the powers and duties of state and local governmental officers and entities; and to prohibit conduct related to the operation of unmanned aircraft systems and prescribe penalties. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. 1630 JOURNAL OF THE SENATE [October 18, 2016] [No. 66 By unanimous consent the Senate returned to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 908 Senate Bill No. 909 Senate Bill No. 910 Senate Bill No. 911 Senate Bill No. 912 Senate Bill No. 913 Senate Bill No. 1026 The motion prevailed. The following bill was read a third time: Senate Bill No. 908, entitled A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2, 3, 4, 7, 8, 8a, 11, 13, 14, 15, 15a, and 16 (MCL 125.2652, 125.2653, 125.2654, 125.2657, 125.2658, 125.2658a, 125.2661, 125.2663, 125.2664, 125.2665, 125.2665a, and 125.2666), section 2 as amended by 2013 PA 67, section 3 as amended by 2000 PA 145, sections 4, 8, 13, 15, and 16 as amended and section 8a as added by 2012 PA 502, section 7 as amended by 2002 PA 413, and section 15a as amended by 2014 PA 20, and by adding sections 13a and 13b; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 535 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 909, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 19511, 19512, and 19513 (MCL 324.19511, 324.19512, and 324.19513), as added by 1995 PA 60. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 66] [October 18, 2016] JOURNAL OF THE SENATE Roll Call No. 536 1631 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 910, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 19601, 19607, 19608, and 19608a (MCL 324.19601, 324.19607, 324.19608, and 324.19608a), sections 19601 and 19607 as added by 1998 PA 288, section 19608 as amended by 2012 PA 446, and section 19608a as added by 2003 PA 253, and by adding section 19608b. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 537 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 1632 JOURNAL OF THE SENATE [October 18, 2016] [No. 66 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 911, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 19508, 19509, and 19510 (MCL 324.19508, 324.19509, and 324.19510), as added by 1995 PA 60. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 538 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 912, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 19609, 19610, 19611, and 19612 (MCL 324.19609, 324.19610, 324.19611, and 324.19612), sections 19609, 19610, and 19611 as added by 1998 PA 288 and section 19612 as amended by 2014 PA 115, and by adding section 19610a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 539 Ananich Bieda Yeas—35 Hansen Hertel Knezek Robertson Knollenberg Rocca No. 66] [October 18, 2016] JOURNAL OF THE SENATE 1633 Booher Hildenbrand Kowall Schmidt Brandenburg Hood MacGregor Schuitmaker Casperson Hopgood Meekhof Shirkey Colbeck Horn Nofs Stamas Emmons Hune O’Brien Warren Green Johnson Pavlov Zorn Gregory Jones Proos Nays—1 Marleau Excused—0 Not Voting—1 Young In The Chair: Schuitmaker The Senate agreed to the title of the bill. Senator Young stated that had he been present today when the vote was taken on the passage of the following bill, he would have voted “yea”: Senate Bill No. 912 The following bill was read a third time: Senate Bill No. 913, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 20108b (MCL 324.20108b), as amended by 2010 PA 233. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 540 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 1634 JOURNAL OF THE SENATE [October 18, 2016] [No. 66 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1026, entitled A bill to provide for the establishment of certain tax increment finance authorities; to prescribe the powers and duties of the authorities; to correct and prevent deterioration in residential, commercial, and industrial areas and certain other areas; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans and development areas; to promote residential and economic growth; to create certain boards; to prescribe the powers and duties of certain boards; to authorize the issuance of bonds and other evidences of indebtedness; to levy certain taxes; to authorize the use of tax increment financing; to prescribe powers and duties of certain state officials; to provide for rule promulgation; to provide for enforcement of this act; and to repeal acts and parts of acts. The question being on the passage of the bill, Senator Horn offered the following substitute: Substitute (S-2). The substitute was adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 541 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. No. 66] [October 18, 2016] JOURNAL OF THE SENATE 1635 By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that further consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. enate Resolution No. 204. S A resolution to urge the U.S. Congress to pass the Americans with Disabilities Act (ADA) Education and Reform Act of 2015. The question being on the adoption of the resolution, The resolution was adopted. enator Pavlov offered the following resolution: S Senate Resolution No. 214. A resolution to urge the President and Congress of the United States to curb and clarify the role and authority of the U.S. Department of Education as it relates to the “supplement not supplant” provisions in the Every Student Succeeds Act. Whereas, The federal Every Student Succeeds Act (ESSA) requires that federal Title I funding to low-income students supplements, rather than supplants, state and local dollars. This provision is intended to keep local school districts from using federal Title I dollars as a replacement for state and local dollars in low-income schools; and Whereas, To enforce this provision, the U.S. Department of Education has proposed burdensome regulations to require school districts to show that average per-pupil state and local spending in Title I schools is at least equal to the average spending in non-Title I schools. The rules allow several different options for districts to calculate spending and demonstrate compliance with “supplement not supplant”; and Whereas, The proposed regulations exceed the legal authority of the department and blatantly trample on explicit statutory prohibitions. Specific prohibitions in the “supplement not supplant” provisions include subdivision 1118(b)(4), which says, “Nothing in this section shall be construed to authorize or permit the Secretary to prescribe the specific methodology a local educational agency uses to allocate state and local funds to each school receiving assistance under this part”; and Whereas, School district personnel have complained that the proposed regulations would be unworkable. The School Superintendents Association (AASA) stated that the proposed regulation “glosses over the realities of school finance, the reality of how and when funds are allocated, the extent to which districts do or do not have complete flexibility, the patterns of teacher sorting and hiring, and the likelihood that many students would experience the rule, as drafted, in a way that undermines true efforts aimed at increasing education equity”; now, therefore, be it Resolved by the Senate, That we urge the President of the United States to direct the U.S. Department of Education to stop its federal overreach as it relates to the “supplement not supplant” provisions of the Every Student Succeeds Act; and be it further Resolved, That we memorialize Congress to enact legislation that clarifies the Department of Education’s role and authority as it pertains to “supplement not supplant” provisions; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, and the U. S. Department of Education as public comment on proposed rules. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved that the resolution be referred to the Committee on Education. The motion prevailed. Senators Bieda, Booher, Brandenburg, Green, Hansen, MacGregor, Marleau, Proos and Schmidt were named co‑sponsors of the resolution. enator Hertel offered the following resolution: S Senate Resolution No. 215. A resolution declaring November 17, 2016, as World Pancreatic Cancer Day. Whereas, In 2016, an estimated 53,070 people in the United States will be diagnosed with pancreatic cancer and 41,780 will die from the disease; and 1636 JOURNAL OF THE SENATE [October 18, 2016] [No. 66 Whereas, Pancreatic cancer surpassed breast cancer this year to become the third leading cause of cancer death in the United States, and it is projected to become the second leading cause by 2020; and Whereas, Pancreatic cancer is the only major cancer with a five-year relative survival rate in the single digits at just 8 percent; and Whereas, When symptoms of pancreatic cancer present themselves, it is generally in later stages, and 71 percent of pancreatic cancer patients die within the first year of their diagnosis; and Whereas, Approximately 1,520 deaths will occur in Michigan in 2016; and Whereas, Pancreatic cancer is the seventh most common cause of cancer-related death in men and women across the world; and Whereas, There will be an estimated 418,451 new pancreatic cancer cases diagnosed worldwide in 2020; and Whereas, The good health and well-being of the residents of Michigan are enhanced as a direct result of increased awareness about pancreatic cancer and research into early detection, causes and effective treatments; now, therefore, be it Resolved by the Senate, That the State of Michigan and members of this legislative body designate November 17, 2016, as World Pancreatic Cancer Day. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Green, Gregory, Hansen, MacGregor, Marleau, Proos and Schmidt were named co‑sponsors of the resolution. enator Zorn offered the following resolution: S Senate Resolution No. 216. A resolution to commemorate the month of October 2016 as Dysautonomia Awareness Month. Whereas, It is important for this legislative body to recognize official months that are set aside to raise awareness of serious diseases that affect citizens in the state of Michigan; and Whereas, Dysautonomia is a serious neurological system disease that disables citizens of every age, gender, and race from performing the most basic functions; and Whereas, People with dysautonomia may have one or several different medical conditions that affect automatic functions of the body, such as heart rate, kidney function, and temperature control; and Whereas, Certain forms of dysautonomia include side effects, such as frequent fainting, dizziness, shortness of breath, difficulty eating and sleeping, and sometimes leads to death; and Whereas, Dysautonomia can occur secondary to other medical conditions, such as diabetes, arthritis, and Parkinson’s disease; and Whereas, Symptoms of dysautonomia are usually invisible to the untrained eye, for they usually occur internally; and Whereas, Many people who have dysautonomia take a year or longer to get diagnosed and are occasionally misdiagnosed due to the lack of external symptoms and awareness; and Whereas, Despite the lack of awareness, dysautonomia is not rare. In fact, over 70 million people worldwide live with some form of this medical condition; and Whereas, There currently is no cure to dysautonomia; and Whereas, Dysautonomia Awareness Month is an opportunity for citizens to raise understanding and funding to assist the fight in finding a cure; now, therefore, be it Resolved by the Senate, That we hereby commemorate the month of October 2016 as Dysautonomia Awareness Month in the state of Michigan; and be it further Resolved, That all citizens are encouraged to increase their understanding and awareness of dysautonomia; and be it further Resolved, That a copy of this resolution be transmitted to the Department of Health and Human Services. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Booher, Brandenburg, Green, Gregory, Hansen, MacGregor, Marleau, Proos and Schmidt were named co‑sponsors of the resolution. enate Concurrent Resolution No. 19. S A concurrent resolution to approve the release of money from the Roads Innovation Fund for deposit into the Michigan Transportation Fund, as provided by section 1j(5) of 1951 PA 51. (For text of resolution, see Senate Journal No. 104, p. 1878.) The House of Representatives has adopted the concurrent resolution. The concurrent resolution was referred to the Secretary for record. No. 66] [October 18, 2016] JOURNAL OF THE SENATE 1637 enate Concurrent Resolution No. 32. S A concurrent resolution prescribing the legislative schedule. (For text of resolution, see Senate Journal No. 65, p. 1609.) The House of Representatives has adopted the concurrent resolution. The concurrent resolution was referred to the Secretary for record. Introduction and Referral of Bills Senator Shirkey introduced Senate Bill No. 1105, entitled A bill to amend 1995 PA 30, entitled “Electric transmission line certification act,” by amending sections 2, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 (MCL 460.562, 460.564, 460.565, 460.566, 460.567, 460.568, 460.569, 460.570, 460.571, 460.572, and 460.573), sections 2, 4, 5, 6, 7, 8, 9, 10, 11, and 13 as amended by 2004 PA 198. The bill was read a first and second time by title and referred to the Committee on Energy and Technology. Senator Shirkey introduced Senate Bill No. 1106, entitled A bill to amend 1923 PA 238, entitled “An act authorizing the formation of corporations for the purpose of generating, manufacturing, producing, gathering, storing, transmitting, distributing, transforming, selling and supplying electric energy or gas, either artificial or natural, or both electric energy and gas, to the public generally, or to public utilities or natural gas companies, and providing for and giving to such corporations and also to corporations heretofore lawfully organized, among other things, for such purposes; to corporations heretofore lawfully organized, or that may hereafter be lawfully organized and duly authorized to carry on the electric or gas business as a public utility in the state of Michigan; and to foreign corporations heretofore lawfully organized or that may hereafter be lawfully organized, among other things, for such purposes, and duly authorized to carry on business in the state of Michigan, the right to condemn private property for the uses provided for herein,” by amending section 5 (MCL 486.255), as added by 2004 PA 197. The bill was read a first and second time by title and referred to the Committee on Energy and Technology. Senator Hune introduced Senate Bill No. 1107, entitled A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” by amending section 654 (MCL 550.1654), as added by 2013 PA 4. The bill was read a first and second time by title and referred to the Committee on Insurance. Senator Robertson introduced Senate Bill No. 1108, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 2 (MCL 205.92), as amended by 2016 PA 7. The bill was read a first and second time by title and referred to the Committee on Transportation. Senator Jones introduced Senate Bill No. 1109, entitled A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 7 (MCL 24.207), as amended by 2011 PA 52. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Hansen introduced Senate Bill No. 1110, entitled A bill to provide financial and other assistance to certain retailers; to create certain funds; to authorize certain programs to be created, operated, and administered by this state, certain local governmental units, and other entities; to prescribe the powers and duties of certain state and certain local governmental officials; to make an appropriation; and to distribute certain funds. The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment. 1638 JOURNAL OF THE SENATE [October 18, 2016] [No. 66 Senators Knollenberg, Jones, Kowall, Hertel and Warren introduced Senate Bill No. 1111, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending section 1203a (MCL 339.1203a), as added by 1997 PA 97. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Knollenberg, Jones, Kowall, Hertel and Warren introduced Senate Bill No. 1112, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 1201, 1205, 1206, and 1207 (MCL 339.1201, 339.1205, 339.1206, and 339.1207), as amended by 1997 PA 97, and by adding section 1210b. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Schuitmaker, O’Brien, Proos and Marleau introduced Senate Bill No. 1113, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 17019 and 17519. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators Schmidt, Knollenberg, MacGregor, Hansen, Marleau and O’Brien introduced Senate Bill No. 1114, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 758 and 759 (MCL 168.758 and 168.759), section 758 as amended by 1996 PA 207 and section 759 as amended by 2012 PA 523. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. Senator Jones introduced Senate Bill No. 1115, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2157a (MCL 600.2157a), as added by 1984 PA 340. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senator Jones introduced Senate Bill No. 1116, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending sections 57b and 109m (MCL 400.57b and 400.109m), section 57b as amended by 2015 PA 56 and section 109m as added by 2014 PA 341, and by adding section 10h. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senators Kowall and Jones introduced Senate Bill No. 1117, entitled A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sections 21, 21a, and 464 (MCL 280.21, 280.21a, and 280.464), section 21 as amended by 2007 PA 51 and section 21a as added and section 464 as amended by 1989 PA 134. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senator Ananich introduced Senate Bill No. 1118, entitled A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 5 (MCL 325.1005), as amended by 1998 PA 56. The bill was read a first and second time by title and referred to the Committee on Government Operations. No. 66] [October 18, 2016] JOURNAL OF THE SENATE 1639 Senator Hood introduced Senate Bill No. 1119, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 2110a and 2111 (MCL 500.2110a and 500.2111), as amended by 2012 PA 441. The bill was read a first and second time by title and referred to the Committee on Insurance. Senator Casperson introduced Senate Bill No. 1120, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 25a and 31 (MCL 257.25a and 257.31), section 25a as added by 1984 PA 328. The bill was read a first and second time by title and referred to the Committee on Transportation. Senator Jones introduced Senate Bill No. 1121, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 105c (MCL 388.1705c), as amended by 2008 PA 268. The bill was read a first and second time by title and referred to the Committee on Education. Senator Shirkey introduced Senate Bill No. 1122, entitled A bill to create the educational instruction access act; to limit the powers of local governmental bodies regarding the selling, transferring, leasing, or renting of property; and to provide remedies and penalties. The bill was read a first and second time by title and referred to the Committee on Education. Senators Schuitmaker, Horn and Knollenberg introduced Senate Bill No. 1123, entitled A bill to regulate the inspection, construction, installation, alteration, maintenance, repair, and operation of elevators and the licensing of elevator contractors, elevator journeymen, and elevator inspectors; to prescribe the powers and duties of the elevator safety board; to establish the powers and duties of certain state and local governmental officers and entities; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Knollenberg, Horn and Schuitmaker introduced Senate Bill No. 1124, entitled A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending sections 13e and 28 (MCL 125.1513e and 125.1528), section 13e as added by 2005 PA 50 and section 28 as amended by 2014 PA 9. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Horn, Schuitmaker and Knollenberg introduced Senate Bill No. 1125, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2015 PA 184. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. House Bill No. 4281, entitled A bill to amend 1979 PA 152, entitled “State license fee act,” by amending section 39 (MCL 338.2239), as amended by 2012 PA 308. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. 1640 JOURNAL OF THE SENATE [October 18, 2016] [No. 66 House Bill No. 4282, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2403 and 2404b (MCL 339.2403 and 339.2404b), section 2403 as amended by 1984 PA 191 and section 2404b as amended by 2014 PA 175. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. House Bill No. 5288, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 947a. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5289, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 947. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5469, entitled A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding part 2. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 5470, entitled A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding section 54. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 5471, entitled A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding section 55. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 5472, entitled A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding sections 56, 57, 58, and 59. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 5473, entitled A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding sections 59a and 59b. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 5474, entitled A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding sections 59e and 59f. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 5475, entitled A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding sections 59c and 59d. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. No. 66] [October 18, 2016] JOURNAL OF THE SENATE 1641 House Bill No. 5476, entitled A bill to amend 1986 PA 268, entitled “Legislative council act,” by amending section 104a (MCL 4.1104a), as amended by 2013 PA 241. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 5477, entitled A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending section 13 (MCL 15.243), as amended by 2006 PA 482. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 5478, entitled A bill to amend 1976 PA 442, entitled “Freedom of information act,” by amending sections 1 and 2 (MCL 15.231 and 15.232), section 1 as amended by 1997 PA 6 and section 2 as amended by 1996 PA 553, and by designating sections 1 to 16 as part 1. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 5504, entitled A bill to amend 1998 PA 434, entitled “Uniform fraudulent transfer act,” by amending sections 1, 4, and 9 (MCL 566.31, 566.34, and 566.39), section 1 as amended by 2009 PA 44. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5572, entitled A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending section 154 (MCL 207.1154), as amended by 2015 PA 176. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. House Bill No. 5591, entitled A bill to amend 2000 PA 305, entitled “Uniform electronic transactions act,” (MCL 450.831 to 450.849) by adding section 5a. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Local Government. House Bill No. 5651, entitled A bill to amend 1978 PA 639, entitled “Hertel-Law-T. Stopczynski port authority act,” by amending sections 2, 4, 5, 8, 9, 10, 12, 13, 14, 16, 21, 24, 25, and 26 (MCL 120.102, 120.104, 120.105, 120.108, 120.109, 120.110, 120.112, 120.113, 120.114, 120.116, 120.121, 120.124, 120.125, and 120.126), section 5 as amended by 2001 PA 244 and section 14 as amended by 2002 PA 412; and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment. House Bill No. 5652, entitled A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 4 (MCL 125.2004), as amended by 2014 PA 507. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment. 1642 JOURNAL OF THE SENATE [October 18, 2016] [No. 66 House Bill No. 5730, entitled A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” (MCL 36.1 to 36.12) by adding section 9. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. House Bill No. 5753, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1321 (MCL 380.1321), as amended by 2008 PA 1. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Education. House Bill No. 5790, entitled A bill to amend 2014 PA 462, entitled “An act to allow peace officers to carry and administer opioid antagonists in certain circumstances; to provide access to opioid antagonists by law enforcement agencies and peace officers; and to limit the civil and criminal liability of law enforcement agencies and peace officers for the possession, distribution, and use of opioid antagonists under certain circumstances,” by amending section 1 (MCL 28.541). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5826, entitled A bill to amend 1976 PA 442, entitled “Freedom of information act,” (MCL 15.231 to 15.246) by adding section 5a. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 5838, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 459 (MCL 750.459), as amended by 2014 PA 331. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5839, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16w of chapter XVII (MCL 777.16w), as amended by 2014 PA 327. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5842, entitled A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending sections 3, 5, and 11 (MCL 780.983, 780.985, and 780.991). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5843, entitled A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending section 9 (MCL 780.989). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. No. 66] [October 18, 2016] JOURNAL OF THE SENATE 1643 House Bill No. 5844, entitled A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending section 13 (MCL 780.993). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5845, entitled A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending section 15 (MCL 780.995). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5846, entitled A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending section 17 (MCL 780.997). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. Committee Reports The Committee on Judiciary reported Senate Bill No. 927, entitled A bill to amend 1979 PA 53, entitled “An act to prohibit access to computers, computer systems, and computer networks for certain fraudulent purposes; to prohibit intentional and unauthorized access, alteration, damage, and destruction of computers, computer systems, computer networks, computer software programs, and data; to prohibit the sending of certain electronic messages; and to prescribe penalties,” by amending sections 4 and 7 (MCL 752.794 and 752.797), section 4 as amended by 1996 PA 326 and section 7 as amended by 2000 PA 180. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 928, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 17c of chapter XVII (MCL 777.17c), as added by 2002 PA 28. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 1029, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 601c (MCL 257.601c), as added by 2001 PA 103. 1644 JOURNAL OF THE SENATE [October 18, 2016] [No. 66 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 1030, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 12e of chapter XVII (MCL 777.12e), as amended by 2011 PA 59. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 1076, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 636 and 637 (MCL 257.636 and 257.637). With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 1077, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 636 (MCL 257.636). With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 1078, entitled A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending section 37 (MCL 256.657), as amended by 2014 PA 317. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. No. 66] [October 18, 2016] JOURNAL OF THE SENATE 1645 The Committee on Judiciary reported House Bill No. 4588, entitled A bill to amend 1968 PA 330, entitled “Private security business and security alarm act,” by amending sections 37 and 39 (MCL 338.1087 and 338.1089), as added by 2010 PA 68, and by adding section 37a. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5181, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 2a of chapter IV (MCL 764.2a), as amended by 2002 PA 483. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5618, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1310d. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5619, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1310c. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5620, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1310b (MCL 380.1310b), as amended by 2014 PA 478. 1646 JOURNAL OF THE SENATE [October 18, 2016] [No. 66 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5621, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1308 (MCL 380.1308), as added by 1999 PA 102. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5693, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1311 (MCL 380.1311), as amended by 2008 PA 1. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5694, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1310 (MCL 380.1310), as amended by 2000 PA 230. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5695, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1311a (MCL 380.1311a), as amended by 2007 PA 138. No. 66] [October 18, 2016] JOURNAL OF THE SENATE 1647 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, September 20, 2016, at 3:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda The Committee on Commerce reported Senate Bill No. 627, entitled A bill to authorize this state and certain public authorities to develop certain eligible projects and to enter into certain agreements; to impose certain conditions on those agreements; to impose certain powers and duties on certain state and local officials and employees; to authorize the financing of certain eligible projects; and to exempt certain property from certain taxes. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor, O’Brien and Hertel Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Commerce submitted the following: T Meeting held on Wednesday, September 21, 2016, at 8:30 a.m., Room 210, Farnum Building Present: Senators Schmidt (C), Kowall, MacGregor, O’Brien and Hertel The Committee on Energy and Technology reported Senate Bill No. 1087, entitled A bill to amend 1972 PA 299, entitled “An act to provide for the assessment, collection and disposition of the costs of regulation of public utilities,” (MCL 460.111 to 460.120) by adding section 5a. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Michael L. Nofs Chairperson To Report Out: Yeas: Senators Nofs, Proos, Horn, Schuitmaker, Hune, Shirkey, Zorn, Hopgood and Bieda Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Energy and Technology submitted the following: T Meeting held on Wednesday, September 21, 2016, at 9:00 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Nofs (C), Proos, Horn, Schuitmaker, Hune, Shirkey, Zorn, Hopgood and Bieda Excused: Senator Knezek 1648 JOURNAL OF THE SENATE [October 18, 2016] [No. 66 The Committee on Veterans, Military Affairs and Homeland Security reported House Bill No. 5639, entitled A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” (MCL 36.1 to 36.12) by adding section 9. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Zorn, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Veterans, Military Affairs and Homeland Security submitted the following: T Meeting held on Wednesday, September 21, 2016, at 12:00 noon, Room 100, Farnum Building Present: Senators O’Brien (C), Zorn, Colbeck and Knezek Excused: Senator Emmons The Committee on Regulatory Reform reported Senate Bill No. 1088, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 203 (MCL 436.1203), as amended by 2014 PA 50. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren and Hertel Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Regulatory Reform reported House Bill No. 5577, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 226, 248, 248h, and 802 (MCL 257.226, 257.248, 257.248h, and 257.802), section 226 as amended by 2004 PA 163, section 248 as amended by 2004 PA 495, section 248h as added by 1993 PA 300, and section 802 as amended by 2015 PA 78, and by adding sections 248k, 250a, 250b, and 250c. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren and Hertel Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Regulatory Reform submitted the following: T Meeting held on Wednesday, September 21, 2016, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Rocca (C), Jones, Knollenberg, Kowall, MacGregor, Hune, Warren and Hertel Excused: Senator Johnson No. 66] [October 18, 2016] JOURNAL OF THE SENATE 1649 The Committee on Natural Resources reported Senate Bill No. 39, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 503, 504, 2104, 2106, 2126, 2130, 2131, 2132, 2136, 52501, 52503, and 52506 (MCL 324.503, 324.504, 324.2104, 324.2106, 324.2126, 324.2130, 324.2131, 324.2132, 324.2136, 324.52501, 324.52503, and 324.52506), section 503 as amended by 2012 PA 294, section 504 as amended by 2009 PA 47, section 2104 as amended by 1998 PA 28, sections 2106, 2130, and 2136 as added by 1995 PA 60, section 2126 as amended by 2011 PA 323, sections 2131 and 2132 as amended by 2012 PA 622, and section 52501 as amended and sections 52503 and 52506 as added by 2004 PA 125, and by adding sections 514, 2137, and 72117. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Pavlov, Robertson and Stamas Nays: Senator Warren The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Natural Resources reported Senate Bill No. 40, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 2135, 2154, and 51106 (MCL 324.2135, 324.2154, and 324.51106), section 2135 as added by 1995 PA 60 and sections 2154 and 51106 as amended by 2012 PA 604. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Pavlov, Robertson and Stamas Nays: Senator Warren The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Natural Resources submitted the following: T Meeting held on Wednesday, September 21, 2016, at 12:30 p.m., Room 110, Farnum Building Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren he Committee on Outdoor Recreation and Tourism reported T Senate Resolution No. 174. A resolution to recognize Clay Township as the sturgeon angling capital of Michigan. (For text of resolution, see Senate Journal No. 47, p. 722.) With the recommendation that the resolution be adopted. Goeffrey M. Hansen Chairperson To Report Out: Yeas: Senators Hansen, Zorn, Schmidt and Green Nays: None The resolution was placed on the order of Resolutions. The Committee on Outdoor Recreation and Tourism reported Senate Bill No. 1073, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43516 and 43523a (MCL 324.43516 and 324.43523a), section 43516 as amended by 2016 PA 36 and section 43523a as added by 2013 PA 108, and by adding section 43526b; and to repeal acts and parts of acts. 1650 JOURNAL OF THE SENATE [October 18, 2016] [No. 66 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Goeffrey M. Hansen Chairperson To Report Out: Yeas: Senators Hansen, Zorn, Schmidt and Green Nays: None The bill was referred to the Committee of the Whole. The Committee on Outdoor Recreation and Tourism reported Senate Bill No. 1074, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43516 and 43525b (MCL 324.43516 and 324.43525b), section 43516 as amended by 2016 PA 36 and section 43525b as added by 2013 PA 108. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Goeffrey M. Hansen Chairperson To Report Out: Yeas: Senators Hansen, Zorn, Schmidt and Green Nays: None The bill was referred to the Committee of the Whole. The Committee on Outdoor Recreation and Tourism reported Senate Bill No. 1075, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43516, 43532, 43533, and 43536 (MCL 324.43516, 324.43532, 324.43533, and 324.43536), section 43516 as amended by 2016 PA 36 and sections 43532, 43533, and 43536 as amended by 2013 PA 108. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Goeffrey M. Hansen Chairperson To Report Out: Yeas: Senators Hansen, Zorn, Schmidt and Green Nays: None The bill was referred to the Committee of the Whole. The Committee on Outdoor Recreation and Tourism reported House Bill No. 5146, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40118 (MCL 324.40118), as amended by 2015 PA 188. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Goeffrey M. Hansen Chairperson To Report Out: Yeas: Senators Hansen, Zorn, Schmidt and Green Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Outdoor Recreation and Tourism submitted the following: T Meeting held on Wednesday, September 21, 2016, at 12:30 p.m., Room 210, Farnum Building Present: Senators Hansen (C), Zorn, Schmidt and Green Excused: Senator Johnson No. 66] [October 18, 2016] JOURNAL OF THE SENATE 1651 The Committee on Government Operations reported Senate Bill No. 979, entitled A bill to provide for the establishment of municipal recovery and development authorities in certain local governments; to provide for the powers and duties of a municipal recovery and development authority; to authorize the levy and collection of a property tax by a municipal recovery and development authority; to provide for the issuance of bonds, notes, and other obligations; to authorize certain investments; and to provide for the powers and duties of certain government officials. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Arlan B. Meekhof Chairperson To Report Out: Yeas: Senators Meekhof, Hansen, Kowall, Ananich and Hood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Government Operations reported Senate Bill No. 999, entitled A bill to amend 2008 PA 549, entitled “Michigan promise zone authority act,” by amending section 4 (MCL 390.1664), as added by 2016 PA 9. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Arlan B. Meekhof Chairperson To Report Out: Yeas: Senators Meekhof, Hansen, Kowall, Ananich and Hood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. he Committee on Government Operations reported T Senate Resolution No. 204. A resolution to urge the U.S. Congress to pass the Americans with Disabilities Act (ADA) Education and Reform Act of 2015. (For text of resolution, see Senate Journal No. 65, p. 1576.) With the recommendation that the resolution be adopted. Arlan B. Meekhof Chairperson To Report Out: Yeas: Senators Meekhof, Hansen and Kowall Nays: None The resolution was placed on the order of Resolutions. COMMITTEE ATTENDANCE REPORT he Committee on Government Operations submitted the following: T Meeting held on Wednesday, September 21, 2016, at 2:30 p.m., Rooms 402 and 403, Capitol Building Present: Senators Meekhof (C), Hansen, Kowall, Ananich and Hood The Committee on Transportation reported Senate Bill No. 879, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up 1652 JOURNAL OF THE SENATE [October 18, 2016] [No. 66 and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 1h and 1i (MCL 247.651h and 247.651i), section 1h as amended by 2008 PA 501 and section 1i as added by 2001 PA 259. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Transportation reported Senate Bill No. 953, entitled A bill to amend 1972 PA 106, entitled “Highway advertising act of 1972,” by amending sections 2, 3, 4, 6, 7b, 11, 11a, 17, and 17a (MCL 252.302, 252.303, 252.304, 252.306, 252.307b, 252.311, 252.311a, 252.317, and 252.317a), sections 2, 4, 6, 11, 11a, and 17 as amended and sections 7b and 17a as added by 2014 PA 2 and section 3 as amended by 2006 PA 448. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn and Pavlov Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Transportation reported Senate Bill No. 992, entitled A bill to provide for the operation and regulation of unmanned aerial systems in this state; to provide for the powers and duties of state and local governmental officers and entities; and to prohibit conduct related to the operation of unmanned aerial systems and prescribe penalties. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill was referred to the Committee of the Whole. No. 66] [October 18, 2016] JOURNAL OF THE SENATE 1653 The Committee on Transportation reported Senate Bill No. 1089, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 710e (MCL 257.710e), as amended by 2008 PA 43. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill was referred to the Committee of the Whole. The Committee on Transportation reported House Bill No. 5447, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 811e and 811h (MCL 257.811e and 257.811h), as amended by 2015 PA 78. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov and Hopgood Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, September 22, 2016, at 4:00 p.m., Room 110, Farnum Building Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood COMMITTEE ATTENDANCE REPORT he Senate Fiscal Agency Board of Governors submitted the following: T Meeting held on Thursday, September 22, 2016, at 9:45 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), Meekhof, MacGregor and Ananich Excused: Senator Gregory COMMITTEE ATTENDANCE REPORT he Subcommittee on State Police and Military Affairs submitted the following: T Meeting held on Tuesday, September 27, 2016, at 10:00 a.m., Regional Law Enforcement Center, 714 - 17 Mile Road, Marshall Present: Senators Nofs (C), Colbeck and Knezek Scheduled Meetings Appro­pria­tions - Wednes­day, October 19, 2:00 p.m., Harry T. Gast Appro­pria­tions Room, 3rd Floor, Capitol Build­ing (373-1801) Subcom­mit­tee K-12, School Aid, Education - Wednes­day, October 19, 8:30 a.m., Harry T. Gast Appro­pria­tions Room, 3rd Floor, Capitol Build­ing (373-2768) Commerce - Wednes­day, October 19, 8:30 a.m., Room 210, Farnum Build­ing (373-5312) 1654 JOURNAL OF THE SENATE [October 18, 2016] [No. 66 Families, Seniors and Human Services - Wednes­day, October 19, 3:00 p.m., Room 210, Farnum Build­ing (373-5323) Michigan Competitiveness - Wednes­day, October 19, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Natural Resources - Wednes­day, October 19, 12:30 p.m., Room 210, Farnum Build­ing (373-1721) Outdoor Recreation and Tourism - Wednes­day, October 19, 12:30 p.m., Room 110, Farnum Build­ing (373-5314) Reg­u­la­tory Reform - Wednes­day, October 19, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323) Transportation - Thurs­day, October 20, 8:00 a.m., Room 210, Farnum Build­ing (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 12:15 p.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Wednesday, October 19, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 67 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Wednesday, October 19, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—present Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 1656 JOURNAL OF THE SENATE [October 19, 2016] [No. 67 astor Rod Sanderson-Smith of Awakened Heart Ministries of Troy offered the following invocation: P Our Lord and Savior Jesus Christ, we thank You for the grace of a new day. We thank You that the new day reminds us again of the newness we have received in You through Your death on the cross. Lord, thank You that we can look on today with excited expectation as we rest back in Your strength. We thank You for the joy we receive in serving You and for being used as an instrument of Your peace here and around the world. We thank You for a country that creates opportunity and a home for those that come from far places and other continents to enjoy our crystal lakes and lush green forests. Lord, we pray for wisdom as we navigate the difficult road between open doors and protective processes. We ask that as we discuss and decide that we will emulate Your love. God, we ask You for protection for all our men and women in uniform here and around the world that stand for the faith, values, and morals we so deeply believe. Help us, Lord, to bring peace wherever we go. Help us, Lord, to be peacemakers as we see in Your earthly life and through Scripture. We ask You, Lord, to help us in our dialogues and conversations with those that are different from us. Help us to understand beyond our experience and empathize beyond our capabilities. Lord, we pray for favor on our great state as we discover and discuss opportunities for employment and investments. Lead us, O Lord, in ways that will bring a meal to every Michigander and home for every worker. Lord, Your Word says that leadership is a high and great calling—one that should not be undertaken lightly. Your Scriptures speak very clearly of the great examine that leaders will face, and so, God, I ask you for this unique gathering here today that when we stand before You, we will not be found wanting. That You, Lord, can say to each and every one of us: “Well done good and faithful servant.” Finally, Lord, I pray for today, that in its trials and struggle we will always remember that You, being beyond time, have seen today and the outcome. Lord, thank You that we are never alone. Lord, thank You that You are have a divine plan that will prevail. Thank You that You allow us in your unique way to be part of the solution to the world. Help us today to live in humility and yet in awe at the magnitude of making decisions in lockstep with the Creator of the universe. And then, Lord, at the end of today, help us to rest well, as one that has completed a race, so as to recharge for the much-needed work that lays ahead with a clear heart and conscience that we have served You hard and well and that we can now leave the results in Your hand. We pray this verse from Galatians 6:9: “Let us not become weary in doing good, for at the proper time, we will reap a harvest if we do not give up.” We pray this all in the powerful name of Jesus, our Lord and Savior. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Emmons and Hopgood entered the Senate Chamber. Senator Kowall moved that Senator Knollenberg be temporarily excused from today’s session. The motion prevailed. enator Bieda moved that Senators Hood, Johnson and Young be temporarily excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Meekhof and Shirkey admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. Senators Knollenberg, Young, Hood and Johnson entered the Senate Chamber. The Secretary announced that the following bills were printed and filed on Tuesday, October 18, and are available at the Michigan Legislature website: Senate Bill Nos. 1105 1106 1107 1108 1109 1110 1111 1112 1113 1114 1115 1116 1117 1118 1119 1120 1121 1122 1123 1124 1125 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Hildenbrand as Chairperson. No. 67] [October 19, 2016] JOURNAL OF THE SENATE 1657 After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill: House Bill No. 5639, entitled A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” (MCL 36.1 to 36.12) by adding section 9. The bill was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage: House Bill No. 5639 The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 5639 Senate Bill No. 732 Senate Bill No. 403 Senate Bill No. 670 House Bill No. 4674 Senate Bill No. 1087 Senate Bill No. 1073 Senate Bill No. 1074 Senate Bill No. 1075 Senate Bill No. 992 The motion prevailed. The following bill was read a third time: House Bill No. 5639, entitled A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” (MCL 36.1 to 36.12) by adding section 9. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 542 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 1658 JOURNAL OF THE SENATE [October 19, 2016] [No. 67 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 732, entitled A bill to amend 1895 PA 1, entitled “An act to provide for the incorporation of Masonic Associations; and to impose certain duties upon the department of commerce,” (MCL 457.221 to 457.227) by adding section 4a. The question being on the passage of the bill, Senator Knezek offered the following amendment: 1. Amend page 1, following line 9, by inserting: “Enacting section 1. The legislature shall annually appropriate sufficient funds from the state general fund to the state school aid fund created in section 11 of article IX of the state constitution of 1963 to fully compensate for any loss of revenue to the state school aid fund resulting from the enactment of this amendatory act.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 543 Ananich Bieda Gregory Hertel Yeas—15 Hood Jones Warren Hopgood Knezek Young Horn O’Brien Zorn Johnson Rocca Nays—22 Booher Hansen Marleau Robertson Brandenburg Hildenbrand Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Knollenberg Pavlov Shirkey Emmons Kowall Proos Stamas Green MacGregor Excused—0 Not Voting—0 In The Chair: President he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: No. 67] [October 19, 2016] JOURNAL OF THE SENATE Roll Call No. 544 1659 Yeas—31 Ananich Hood MacGregor Rocca Booher Hopgood Marleau Schmidt Brandenburg Horn Meekhof Schuitmaker Casperson Hune Nofs Stamas Green Jones O’Brien Warren Hansen Knezek Pavlov Young Hertel Knollenberg Proos Zorn Hildenbrand Kowall Robertson Nays—6 Bieda Emmons Johnson Shirkey Colbeck Gregory Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 403, entitled A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” (MCL 287.331 to 287.340) by adding section 8b. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 545 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 1660 JOURNAL OF THE SENATE [October 19, 2016] [No. 67 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 670, entitled A bill to create a commission to commemorate the centennial of World War I; to prescribe the powers and duties of the commission; and to prescribe the powers and duties of certain state agencies and officials. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 546 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President he Senate agreed to the title of the bill. T Senators Ananich, Bieda, Casperson, Emmons, Hansen, Hildenbrand, Hood, Hopgood, Horn, Hune, Johnson, Jones, Knollenberg, Kowall, MacGregor, Meekhof, O’Brien, Pavlov, Robertson, Rocca, Schmidt, Shirkey, Stamas and Zorn were named co‑sponsors of the bill. Senator Warren asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Warren’s statement is as follows: Thank you, Mr. President, for the opportunity to address Senate Bill No. 670 which would create a World War I Centennial Commission at the state level. The federal government made this move to create one in 2013 and many states have followed. If you remember your history lessons, you’ll know that the United States entered World War I with a formal declaration of war on April 6, 1917. More than 2 million Americans served in World War I and more than 100,000 lost their lives. No. 67] [October 19, 2016] JOURNAL OF THE SENATE 1661 This includes 135,485 Michiganders who served and 14,000 who made the ultimate sacrifice. Now, as the centennial anniversary of American participation in World War I approaches, it is important that we recognize their service. The commission established by this bill would plan and execute programs to commemorate the centennial. It would encourage both private organizations and state and local governments to organize and participate in memorial and educational activities. These activities would be important learning opportunities, helping all of us to understand how the events of World War I shaped the history of our state and our nation. In the past, Michigan has established commissions and committees to commemorate important historical events, including, for example, the recent commission on the War of 1812. For too long, World War I has been known as America’s forgotten war, but as this important centennial anniversary approaches, creating this commission is an opportunity to remember the service and sacrifice of Michigan veterans. I ask for your support of Senate Bill No. 670. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:32 a.m. 11:00 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. The following bill was read a third time: House Bill No. 4674, entitled A bill to amend 1974 PA 258, entitled “Mental health code,” by amending sections 100a, 100c, 202, 401, 404, 420, 423, 425, 426, 427, 429, 431, 434, 435, 438, 447, 448, 449, 451, 452, 453, 454, 455, 461, 463, 468, 469a, 472a, 474, 474a, and 475 (MCL 330.1100a, 330.1100c, 330.1202, 330.1401, 330.1404, 330.1420, 330.1423, 330.1425, 330.1426, 330.1427, 330.1429, 330.1431, 330.1434, 330.1435, 330.1438, 330.1447, 330.1448, 330.1449, 330.1451, 330.1452, 330.1453, 330.1454, 330.1455, 330.1461, 330.1463, 330.1468, 330.1469a, 330.1472a, 330.1474, 330.1474a, and 330.1475), section 100a as amended by 2012 PA 500, section 100c as amended by 2015 PA 59, sections 202, 420, 423, 425, 426, 427, 429, 431, 435, 438, 448, 449, 451, 452, 453, 454, 455, 461, 463, and 468 as amended by 1995 PA 290, section 401 as amended by 2004 PA 496, section 434 as amended by 2016 PA 113, section 469a as amended by 2004 PA 497, sections 472a and 475 as amended by 2004 PA 498, and sections 474 and 474a as added by 1996 PA 588, and by adding section 400b; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 547 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 1662 JOURNAL OF THE SENATE [October 19, 2016] [No. 67 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health or substance use disorder services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness, substance use disorder, or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness, substance use disorder, or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 1087, entitled A bill to amend 1972 PA 299, entitled “An act to provide for the assessment, collection and disposition of the costs of regulation of public utilities,” (MCL 460.111 to 460.120) by adding section 5a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 548 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1073, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43516 and 43523a (MCL 324.43516 and 324.43523a), section 43516 as amended by 2016 PA 36 and section 43523a as added by 2013 PA 108, and by adding section 43526b; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 67] [October 19, 2016] JOURNAL OF THE SENATE Roll Call No. 549 1663 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1074, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43516 and 43525b (MCL 324.43516 and 324.43525b), section 43516 as amended by 2016 PA 36 and section 43525b as added by 2013 PA 108. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 550 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 1664 JOURNAL OF THE SENATE [October 19, 2016] [No. 67 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1075, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43516, 43532, 43533, and 43536 (MCL 324.43516, 324.43532, 324.43533, and 324.43536), section 43516 as amended by 2016 PA 36 and sections 43532, 43533, and 43536 as amended by 2013 PA 108. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 551 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 992, entitled A bill to provide for the operation and regulation of unmanned aircraft systems in this state; to create the unmanned aircraft systems task force; to provide for the powers and duties of state and local governmental officers and entities; and to prohibit conduct related to the operation of unmanned aircraft systems and prescribe penalties. The question being on the passage of the bill, Senator Casperson offered the following amendments: 1. Amend page 6, following line 12, by inserting: “(u) A member who represents county sheriffs, nominated by the president of the Michigan Sheriffs’ Association. (v) A member who is knowledgeable about the operation of public utilities who represents public utilities in the Upper Peninsula, nominated by the chairman of the public service commission. No. 67] [October 19, 2016] JOURNAL OF THE SENATE 1665 (w) A member who is knowledgeable about the operation of public utilities who represents public utilities in the Lower Peninsula, nominated by the chairman of the public service commission. (x) A member who represents the Mackinac Bridge Authority, nominated by the authority.”. 2. Amend page 7, line 18, after “state.” by inserting “The recommendations must include, but not be limited to, recommendations regarding the protection of public and private property interests and the use of unmanned aircraft systems over public property.”. The amendments were adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 552 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: President The Senate agreed to the title of the bill. Senator Colbeck asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Colbeck’s statement is as follows: As many of you know, before I was a State Senator, I was a practicing aerospace engineer with companies like Boeing and Lockheed. Right here in Michigan, I worked for a company in my current district called AAR Cargo Systems. I began my tenure with AAR as their FAA Certification Engineer. This experience provides me with some unique insights into the FAA certification process. Subsequent to my tenure with AAR, I provided management support for the next generation FAA Air Traffic Control System featuring the deployment of ADS-B technology. In spite of this significant experience, I do not profess to have all of the answers pertaining to the issues surrounding the regulation of airspace. I do, however, feel pretty confident that I know and understand the key questions that need to be asked on this topic. The answers to these questions on the subject of unmanned aerial vehicle operations have been provided to me and my staff from key stakeholders over the past two years working on similar legislation. It is clear from these stakeholder discussions that there are three major considerations pertinent to the regulation of airspace: 1) public safety—that should be our first priority, 2) personal property rights, and 3) commerce. Let’s take the last consideration first: commerce. Both the sponsor of Senate Bill No. 992 and I share a passion for the expansion of commerce, specifically as it relates to the yet-untapped markets applicable to the unmanned aerial vehicle market. Senate Bill No. 992 would address one of the key ingredients necessary for expanded commerce: clear definition of expectations. 1666 JOURNAL OF THE SENATE [October 19, 2016] [No. 67 Senate Bill No. 992 also addresses key concerns regarding public safety. It specifically addresses operator requirements and itemizes specific activities that would be prohibited by law. Prior to the adoption of the amendment from the Senator from the 38th District, there was, however, a significant gap in Senate Bill No. 992 on the subject of personal property rights. My preference to fill this gap would be to pass Senate Bill No. 699. Senate Bill No. 699 provides significant protections for personal property rights of citizens. In the decision for United States v. Causby, the Supreme Court ruled that property owners had jurisdiction for the immediate reaches above the grounds of their property. I want to take advantage of this opinion and put it into law. That’s in Senate Bill No. 699. The immediate-reach ceiling was defined as 500 feet within Class G, also known as unrestricted airspace. Senate Bill No. 699 lowers this ceiling to 300 feet to preclude interference with helicopter operations. The important thing to note in context with this legislation is that the industry advocates for Senate Bill No. 992 have told me that they do not want to be restricted in their flight operations. That means they don’t want to be restricted to flying unmanned aerial vehicles over public property such as roads. Despite having the technology to do otherwise, they want to be able to fly as the crow flies, directly over our homes. Without the provisions of Senate Bill No. 699, unmanned aerial vehicle operators would not be required to respect personal property rights in the immediate-reach airspace above private property. Without these provisions, our citizens would rightly express concerns about public safety and personal privacy. How are citizens to know whether or not a unmanned aerial vehicle that passes over their house is taking a picture? How do you think citizens will react when they see a unmanned aerial vehicle flying overhead at a high rate of speed? Do you think they might be concerned with their safety? As citizens become more and more vocal with these concerns, the expanded commercial use of unmanned aerial vehicles sought by myself and the sponsors of Senate Bill No. 992 would actually be adversely impacted as a result of this outcry. In other words, without protection for personal property, Senate Bill No. 992 would effectively discourage the very commercial activity that the bill sponsor is seeking to promote. My proposed amendment that I had ready would have mitigated this by tie-barring the bill to passage of Senate Bill No. 699, but the amendment that was offered just a moment ago by the good Senator from the 38th District mitigates these concerns to a degree. In this light, I’m providing my cautious support of this legislation. My caution reflects the fact that the provisions that protect personal property rights do not take effect until a minimum of six months after the passage of this. We need to pass Senate Bill No. 699 to get immediate protection for those rights. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Hildenbrand as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 991, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1 (MCL 205.51), as amended by 2016 PA 8. Senate Bill No. 983, entitled A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 122 (MCL 450.1122), as amended by 2001 PA 57. Senate Bill No. 984, entitled A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending section 122 (MCL 450.2122), as amended by 2014 PA 557. Senate Bill No. 985, entitled A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 24a (MCL 552.624a), as amended by 2002 PA 572. The bills were placed on the order of Third Reading of Bills. No. 67] [October 19, 2016] JOURNAL OF THE SENATE 1667 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 982, entitled A bill to amend 1998 PA 434, entitled “Uniform fraudulent transfer act,” by amending the title and sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 (MCL 566.31, 566.32, 566.33, 566.34, 566.35, 566.36, 566.37, 566.38, 566.39, 566.40, 566.41, 566.42, and 566.43), section 1 as amended by 2009 PA 44 and section 8 as amended by 2000 PA 362, and by adding sections 14 and 15. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 25, entitled A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 9 (MCL 247.909), as amended by 1993 PA 149. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 1049, entitled A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending sections 1, 3, 11, 12, 12a, and 13 (MCL 247.901, 247.903, 247.911, 247.912, 247.912a, and 247.913), section 1 as amended by 2010 PA 238, sections 3 and 12 as amended and section 12a as added by 1993 PA 149, and section 11 as amended by 2014 PA 302. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 927, entitled A bill to amend 1979 PA 53, entitled “An act to prohibit access to computers, computer systems, and computer networks for certain fraudulent purposes; to prohibit intentional and unauthorized access, alteration, damage, and destruction of computers, computer systems, computer networks, computer software programs, and data; to prohibit the sending of certain electronic messages; and to prescribe penalties,” by amending sections 4 and 7 (MCL 752.794 and 752.797), section 4 as amended by 1996 PA 326 and section 7 as amended by 2000 PA 180. Substitute (S-3). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 5, line 23, after “OR” by striking out “VEHICLE TELEMATICS SERVICES”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 928, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 17c of chapter XVII (MCL 777.17c), as added by 2002 PA 28. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. 1668 JOURNAL OF THE SENATE [October 19, 2016] [No. 67 By unanimous consent the Senate proceeded to the order of Statements Senator Colbeck asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Colbeck’s statement is as follows: Colleagues, I’d like to talk a little bit about social issues and specifically address why do social issues matter? Politicos often attempt to classify the political issues that we face as either economic or social. These classifications presuppose that there is no significant connection between economic and social issues. They couldn’t be more wrong. Many of you may be familiar with a book written around the time of our founding as a nation called The Wealth of Nations by Adam Smith. The book was very influential in the development of our free market economic system as it addresses core concepts like the division of labor, the idea that wages are to be set on the basis of the difficulty of the task, and many other provisions. Were you aware that The Wealth of Nations was preceded by another book by Adam Smith called Theory of Moral Sentiments? The book described the moral judgments that drove financial decisions. A more contemporary way of looking at this connection that I would like to share is often shared by former Ohio Congressman Bob McEwen. He frames the discussion in context of first-party, second-party, and third-party transactions. A first-party transaction is when you purchase a service for your personal benefit with your personal funds. Quality and cost are both drivers in your purchase decision. A second-party transaction is when you purchase a service for somebody else using your funds, like a birthday gift. Cost is the primary driver while quality simply needs to pass the sniff test. There’s a reason why a lot of re-gifting goes on with our friends and family. A third-party transaction is when you purchase a service for someone else using someone else’s funds. Cost and quality are not principal concerns in your purchase decision. In order to achieve a prosperous society, it would seem that we need more first-party and less thirdparty transactions. Why is this a matter of concern for this body? All government transactions are third-party transactions. Third-party transactions are only useful, effective, and efficient when we have moral and virtuous public servants in government. These transactions are only effective when we love our neighbors as ourselves. Is it any wonder why the cost of government continues to increase while the quality of service provided decreases? The fact of the matter is that social issues are just as important as economic issues. Our nation, our state, our communities will not achieve economic prosperity without a moral citizenry and commensurate moral representation in government. John Adams once famously observed that, “Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other.” In light of the morals of many who currently serve in elected office, I believe that you will see why I am such a staunch advocate of limited government. We all took an oath to support this Constitution. It is my belief that in order to effectively honor this oath and support our Constitution, we need to promote the need for morality and religion in our society and in the way that we conduct our lives. An amazing step towards that end occurred two weeks ago while this body was not in session. It wasn’t covered by major media markets in the state or even Gongwer News Service in Lansing, but it was an amazing event nonetheless. Over 8,000 people of faith journeyed from across the state to the steps of the Capitol to hear from Franklin Graham as part of his Decision America tour. His message was very simple: pray, vote, and engage. It is my hope that each of us will do just that: pray, vote, and engage. The continued economic prosperity of our nation depends on it. Committee Reports he Committee on Education reported T Senate Resolution No. 214. A resolution to urge the President and Congress of the United States to curb and clarify the role and authority of the U.S. Department of Education as it relates to the “supplement not supplant” provisions in the Every Student Succeeds Act. (For text of resolution, see Senate Journal No. 66, p. 1635.) With the recommendation that the resolution be adopted. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Booher, Colbeck and Knezek Nays: None The resolution was placed on the order of Resolutions. No. 67] [October 19, 2016] JOURNAL OF THE SENATE 1669 The Committee on Education reported Senate Bill No. 1046, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1321 (MCL 380.1321), as amended by 2008 PA 1. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Booher and Colbeck Nays: Senator Knezek The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, October 18, 2016, at 12:00 noon, Room 110, Farnum Building Present: Senators Pavlov (C), Booher, Colbeck and Knezek Excused: Senator Knollenberg The Committee on Health Policy reported Senate Bill No. 805, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17744b (MCL 333.17744b), as added by 2014 PA 311. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill was referred to the Committee of the Whole. The Committee on Health Policy reported Senate Bill No. 806, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 5 and 1178 (MCL 380.5 and 380.1178), section 5 as amended by 2011 PA 232 and section 1178 as amended by 2013 PA 187, and by adding section 1179b. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Tuesday, October 18, 2016, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood The Committee on Government Operations reported Senate Bill No. 1117, entitled A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sections 21, 21a, and 464 (MCL 280.21, 280.21a, and 280.464), section 21 as amended by 2007 PA 51 and section 21a as added and section 464 as amended by 1989 PA 134. 1670 JOURNAL OF THE SENATE [October 19, 2016] [No. 67 ith the recommendation that the substitute (S-1) be adopted and that the bill then pass. W The committee further recommends that the bill be given immediate effect. Arlan B. Meekhof Chairperson To Report Out: Yeas: Senators Meekhof, Hansen, Kowall, Ananich and Hood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Government Operations submitted the following: T Meeting held on Tuesday, October 18, 2016, at 2:00 p.m., Rooms 402 and 403, Capitol Building Present: Senators Meekhof (C), Hansen, Kowall, Ananich and Hood COMMITTEE ATTENDANCE REPORT he Subcommittee on State Police and Military Affairs submitted the following: T Joint meeting held on Monday, October 17, 2016, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Nofs (C), Colbeck and Knezek COMMITTEE ATTENDANCE REPORT he Committee on Veterans, Military Affairs and Homeland Security submitted the following: T Joint Meeting held on Monday, October 17, 2016, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators O’Brien (C), Emmons, Zorn, Colbeck and Knezek Scheduled Meetings Local Government - Thursday, October 20, 12:30 p.m., Room 100, Farnum Building (373-5312) Transportation - Thursday, October 20, 8:00 a.m., Room 210, Farnum Building (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:38 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, October 20, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 68 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Thursday, October 20, 2016. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—present Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 1672 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 enator Vincent Gregory of the 11th District offered the following invocation: S “Blessed is the man who trusts in the Lord, whose trust is the Lord. He is like a tree planted by water, that sends out its roots by the stream, and does not fear when heat comes, for its leaves remain green, and is not anxious in the year of drought, for it does not cease to bear fruit.” God of each of us and God of all of us, we trust that You are present with us as we go about the important work for the people of this great state. We pray we use the gifts, talents, and intelligence You have given us, to faithfully weigh courses of action and make good and sound decisions. Because we are human, Lord, be patient with us. Help us to draw strength from what unites us instead of dwelling on what divides us. May we always seek the greater good and the well-being of others through our words and actions. Help us to witness to Your love by continuing to love our neighbors. So, Father, it is with sincerity and humility that we pray for Your guidance in all decisions we make, knowing that all things will work out for good, according to Your perfect plan. And, as always, may Your will be done here on earth. Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Hood entered the Senate Chamber. Senator Kowall moved that Senators Casperson, Green, Hansen, Marleau, O’Brien, Hildenbrand and Horn be temporarily excused from today’s session. The motion prevailed. enator Hood moved that Senators Johnson and Young be temporarily excused from today’s session. S The motion prevailed. Senators Green, Marleau, Horn, Hansen, Young, O’Brien, Johnson, Hildenbrand and Casperson entered the Senate Chamber. Senator Kowall moved that rule 3.902 be suspended to allow the guest of Senator O’Brien admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:04 a.m. 11:34 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. The following communication was received: Department of State Administrative Rules Notice of Filing October 6, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-017-LR (Secretary of State Filing #16-10-02) on this date at 3:32 P.M. for the Department of Licensing and Regulatory Affairs entitled, “Part 91. Process Safety Management of Highly Hazardous Chemicals.” No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1673 These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communication was referred to the Secretary for record. Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today: House Bill No. 4651 House Bill No. 5215 Senate Bill No. 645 Senate Bill No. 1048 Senate Bill No. 960 House Bill No. 5572 Senate Bill No. 1104 Senate Bill No. 950 Senate Bill No. 1079 Senate Bill No. 684 Senate Bill No. 685 Senate Bill No. 1070 Senate Bill No. 1072 Senate Bill No. 1071 Senate Bill No. 97 Senate Bill No. 1051 Senate Bill No. 1052 Senate Bill No. 1053 Senate Bill No. 26 Senate Bill No. 963 Senate Bill No. 964 Senate Bill No. 965 Senate Bill No. 966 Senate Bill No. 967 Senate Bill No. 968 Senate Bill No. 969 Senate Bill No. 970 Senate Bill No. 971 Senate Bill No. 972 Senate Bill No. 1050 House Bill No. 4911 Senate Bill No. 923 Senate Bill No. 924 Senate Bill No. 925 Senate Bill No. 926 Senate Bill No. 1041 Senate Bill No. 1042 Senate Bill No. 1043 Senate Bill No. 1044 Senate Bill No. 1090 Senate Bill No. 1091 The motion prevailed, a majority of the members serving voting therefor. Messages from the House Senate Bill No. 218, entitled A bill to amend 2004 PA 46, entitled “Public safety officers benefit act,” by amending the title and section 2 (MCL 28.632) and by adding section 4a. 1674 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 he House of Representatives has concurred in the Senate amendments to the House substitute (H-4). T The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Pursuant to a previous order, this bill was ordered enrolled on September 22, 2016. Senate Bill No. 903, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 61703 and 61706 (MCL 324.61703 and 324.61706), as added by 1995 PA 57. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 981, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 525 (MCL 436.1525), as amended by 2014 PA 353. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 553 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 987, entitled A bill to amend 2011 PA 142, entitled “Health insurance claims assessment act,” by amending section 3 (MCL 550.1733), as amended by 2014 PA 162. No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1675 he House of Representatives has substituted (H-1) the bill. T The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 2011 PA 142, entitled “An act to impose an assessment on certain health care claims; to impose certain duties and obligations on certain insurance or health coverage providers; to impose certain duties on certain state departments, agencies, and officials; to create certain funds; to authorize certain expenditures; to impose certain remedies and penalties; to provide for an appropriation; and to repeal acts and parts of acts,” by amending section 3 (MCL 550.1733), as amended by 2016 PA 50; and to repeal acts and parts of acts. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 554 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 988, entitled A bill to amend 2000 PA 489, entitled “Michigan trust fund act,” by amending sections 2 and 6 (MCL 12.252 and 12.256), section 2 as amended by 2005 PA 232, and by adding section 11. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 2000 PA 489, entitled “An act to create certain funds; to provide for the allocation of certain revenues among certain funds and for the operation, investment, and expenditure of certain funds; and to impose certain duties and requirements on certain state officials,” by amending sections 2 and 6 (MCL 12.252 and 12.256), section 2 as amended by 2016 PA 193, and by adding section 11. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: 1676 JOURNAL OF THE SENATE [October 20, 2016] Roll Call No. 555 [No. 68 Yeas—34 Ananich Hildenbrand MacGregor Rocca Bieda Hood Marleau Schmidt Booher Hopgood Meekhof Schuitmaker Casperson Horn Nofs Shirkey Colbeck Johnson O’Brien Stamas Green Jones Pavlov Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Kowall Nays—3 Brandenburg Emmons Hune Excused—0 Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 989, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending sections 3f and 21 (MCL 205.93f and 205.111), section 3f as amended by 2014 PA 161 and section 21 as amended by 2015 PA 263. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1937 PA 94, entitled “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,” by amending section 21 (MCL 205.111), as amended by 2015 PA 263. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 556 Ananich Bieda Booher Yeas—32 Hertel Knollenberg Robertson Hildenbrand Kowall Schmidt Hood MacGregor Schuitmaker No. 68] Casperson Colbeck Green Gregory Hansen [October 20, 2016] JOURNAL OF THE SENATE Hopgood Horn Johnson Jones Knezek 1677 Marleau Shirkey Meekhof Stamas Nofs Warren O’Brien Young Proos Zorn Nays—5 Brandenburg Hune Pavlov Rocca Emmons Excused—0 Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 990, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 51f. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 557 Yeas—33 Ananich Hildenbrand Kowall Robertson Bieda Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Johnson Nofs Stamas Green Jones O’Brien Warren Gregory Knezek Pavlov Young Hansen Knollenberg Proos Zorn Hertel Nays—3 Emmons Hune Rocca 1678 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 Excused—0 Not Voting—1 Booher In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate proceeded to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 991 Senate Bill No. 982 Senate Bill No. 983 Senate Bill No. 984 Senate Bill No. 985 Senate Bill No. 25 Senate Bill No. 1049 Senate Bill No. 927 Senate Bill No. 928 The motion prevailed. The following bill was read a third time: Senate Bill No. 991, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1 (MCL 205.51), as amended by 2016 PA 8. The question being on the passage of the bill, Senator Knezek offered the following amendment: 1. Amend page 7, following line 7, by inserting: “Enacting section 1. The legislature shall annually appropriate sufficient funds from the state general fund to the state school aid fund created in section 11 of article IX of the state constitution of 1963 to fully compensate for any loss of revenue to the state school aid fund resulting from the enactment of this amendatory act.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 558 Yeas—17 Ananich Hertel Johnson Rocca Bieda Hood Jones Warren Casperson Hopgood Knezek Young Gregory Horn O’Brien Zorn Hansen No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1679 Nays—20 Booher Hildenbrand Marleau Robertson Brandenburg Hune Meekhof Schmidt Colbeck Knollenberg Nofs Schuitmaker Emmons Kowall Pavlov Shirkey Green MacGregor Proos Stamas Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 559 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 982, entitled A bill to amend 1998 PA 434, entitled “Uniform fraudulent transfer act,” by amending the title and sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 (MCL 566.31, 566.32, 566.33, 566.34, 566.35, 566.36, 566.37, 566.38, 566.39, 566.40, 566.41, 566.42, and 566.43), section 1 as amended by 2009 PA 44 and section 8 as amended by 2000 PA 362, and by adding sections 14 and 15. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1680 JOURNAL OF THE SENATE [October 20, 2016] Roll Call No. 560 [No. 68 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 983, entitled A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 122 (MCL 450.1122), as amended by 2001 PA 57. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 561 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1681 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 984, entitled A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending section 122 (MCL 450.2122), as amended by 2014 PA 557. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 562 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 985, entitled A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 24a (MCL 552.624a), as amended by 2002 PA 572. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 563 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker 1682 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 25, entitled A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 9 (MCL 247.909), as amended by 1993 PA 149. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 564 Yeas—35 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Stamas Emmons Hune Nofs Warren Green Johnson O’Brien Young Gregory Jones Pavlov Zorn Hansen Knezek Proos Nays—2 Colbeck Shirkey Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1683 The following bill was read a third time: Senate Bill No. 1049, entitled A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending sections 1, 3, 11, 12, 12a, and 13 (MCL 247.901, 247.903, 247.911, 247.912, 247.912a, and 247.913), section 1 as amended by 2010 PA 238, sections 3 and 12 as amended and section 12a as added by 1993 PA 149, and section 11 as amended by 2016 PA 273. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 565 Yeas—35 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Stamas Emmons Hune Nofs Warren Green Johnson O’Brien Young Gregory Jones Pavlov Zorn Hansen Knezek Proos Nays—2 Colbeck Shirkey Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 927, entitled A bill to amend 1979 PA 53, entitled “An act to prohibit access to computers, computer systems, and computer networks for certain fraudulent purposes; to prohibit intentional and unauthorized access, alteration, damage, and destruction of computers, computer systems, computer networks, computer software programs, and data; to prohibit the sending of certain electronic messages; and to prescribe penalties,” by amending the title and sections 2, 3, 5, 6, and 7 (MCL 752.792, 752.793, 752.795, 752.796, and 752.797), the title as amended by 2004 PA 242, section 2 as amended by 2000 PA 181, sections 3 and 5 as amended by 1996 PA 326, section 6 as amended by 2000 PA 179, and section 7 as amended by 2000 PA 180. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 566 Ananich Bieda Yeas—37 Hertel Knollenberg Robertson Hildenbrand Kowall Rocca 1684 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 928, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 17c of chapter XVII (MCL 777.17c), as added by 2002 PA 28. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 567 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1685 Recess enator Kowall moved that the Senate recess until 1:00 p.m. S The motion prevailed, the time being 12:13 p.m. The Senate reconvened at the expiration of the recess and was called to order by the Secretary of the Senate. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 1:01 p.m. 1:12 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Knezek as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4388, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1212 (MCL 380.1212), as amended by 2003 PA 299. House Bill No. 5181, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 2a of chapter IV (MCL 764.2a), as amended by 2002 PA 483. Senate Bill No. 1046, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1321 (MCL 380.1321), as amended by 2008 PA 1. Senate Bill No. 805, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17744b (MCL 333.17744b), as added by 2014 PA 311. House Bill No. 4651, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 312a (MCL 257.312a), as amended by 2013 PA 177. House Bill No. 5572, entitled A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending section 154 (MCL 207.1154), as amended by 2015 PA 176. Senate Bill No. 1104, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 1482. 1686 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 Senate Bill No. 950, entitled A bill to amend 1976 PA 399, entitled “Safe drinking water act,” (MCL 325.1001 to 325.1023) by adding section 19a. Senate Bill No. 1079, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11511b (MCL 324.11511b), as amended by 2011 PA 215. Senate Bill No. 964, entitled A bill to amend 1917 PA 167, entitled “Housing law of Michigan,” by amending section 141c (MCL 125.541c), as added by 1992 PA 144. Senate Bill No. 965, entitled A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending sections 2a, 8b, 9, 10, and 28 (MCL 125.1502a, 125.1508b, 125.1509, 125.1510, and 125.1528), sections 2a and 10 as amended by 2013 PA 125, section 8b as amended by 2006 PA 192, section 9 as added by 2012 PA 103, and section 28 as amended by 2014 PA 9. Senate Bill No. 966, entitled A bill to amend 1987 PA 96, entitled “The mobile home commission act,” by amending section 25 (MCL 125.2325). Senate Bill No. 967, entitled A bill to amend 1986 PA 135, entitled “Asbestos abatement contractors licensing act,” by amending section 207 (MCL 338.3207), as amended by 1998 PA 132. Senate Bill No. 969, entitled A bill to amend 1937 PA 306, entitled “An act to promote the safety, welfare, and educational interests of the people of the state of Michigan by regulating the construction, reconstruction, and remodeling of certain public or private school buildings or additions to such buildings, by regulating the construction, reconstruction, and remodeling of buildings leased or acquired for school purposes, and to define the class of buildings affected by this act; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties for the violation of this act; and to repeal acts and parts of acts,” by amending section 1b (MCL 388.851b), as amended by 2006 PA 199. Senate Bill No. 970, entitled A bill to amend 2002 PA 468, entitled “Joe Gagnon appliance repair act,” by amending section 2 (MCL 445.832). Senate Bill No. 971, entitled A bill to amend 1980 PA 497, entitled “Construction lien act,” by amending section 114 (MCL 570.1114), as amended by 2006 PA 497. Senate Bill No. 972, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2015 PA 184. Senate Bill No. 923, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 136c (MCL 750.136c), as added by 2000 PA 205. No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1687 Senate Bill No. 924, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 15f of chapter XVII (MCL 777.15f), as added by 2002 PA 206. Senate Bill No. 925, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 55 of chapter X (MCL 710.55), as added by 1994 PA 222. Senate Bill No. 926, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5103 (MCL 700.5103), as amended by 2004 PA 93. Senate Bill No. 1041, entitled A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending section 24 (MCL 400.724). Senate Bill No. 1042, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 11c (MCL 400.11c), as added by 1982 PA 519. Senate Bill No. 1043, entitled A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 5 (MCL 722.625), as amended by 2004 PA 563. Senate Bill No. 1044, entitled A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 10 (MCL 722.120), as amended by 2006 PA 206. Senate Bill No. 1090, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 1 of chapter XIIA (MCL 712A.1), as amended by 2014 PA 533. Senate Bill No. 1091, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 19a of chapter XIIA (MCL 712A.19a), as amended by 2012 PA 115. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4047, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 5a. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 1076, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 637 (MCL 257.637). Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. 1688 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 1077, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 636 (MCL 257.636). Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 1078, entitled A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending section 37 (MCL 256.657), as amended by 2014 PA 317. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendments, the following bill: House Bill No. 4588, entitled A bill to amend 1968 PA 330, entitled “Private security business and security alarm act,” by amending sections 37 and 39 (MCL 338.1087 and 338.1089), as added by 2010 PA 68, and by adding section 37a. The following are the amendments recommended by the Committee of the Whole: 1. Amend page 1, line 3, after “(2)” by striking out “Consistent” and inserting “SUBJECT TO SUBSECTION (10) AND CONSISTENT”. 2. Amend page 4, following line 5, by inserting: “(10) THE GOVERNING BOARD OF A PRIVATE COLLEGE OR UNIVERSITY THAT CREATES A PRIVATE COLLEGE SECURITY FORCE UNDER THIS SECTION AND THAT INTENDS TO APPOINT PRIVATE COLLEGE SECURITY OFFICERS WHO ARE SWORN AND FULLY EMPOWERED TO EXERCISE THE AUTHORITY AND POWER OF A PEACE OFFICER UNDER SECTION 37A SHALL ENSURE THAT NOT LESS THAN 50% OF THOSE PRIVATE COLLEGE SECURITY OFFICERS HAVE BEEN EMPLOYED AS CERTIFIED OR LICENSED LAW ENFORCEMENT OFFICERS UNDER THE MICHIGAN COMMISSION ON LAW ENFORCEMENT STANDARDS ACT, 1965 PA 203, MCL 28.601 TO 28.615, FOR NOT LESS THAN 5 YEARS.”. The Senate agreed to the amendments recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 1088, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 203 (MCL 436.1203), as amended by 2014 PA 50. Substitute (S-4). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 39, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending the heading of subpart 1 of part 21 and amending sections 301, 503, 504, 1901, 1903, 2010, 2101, 2104, 2106, 2126, 2130, 2131, 2132, 2136, 35501, 35502, 35503, 40501, 52502, 52503, and 52506 (MCL 324.301, 324.503, 324.504, 324.1901, 324.1903, 324.2010, 324.2101, 324.2104, 324.2106, 324.2126, 324.2130, 324.2131, 324.2132, 324.2136, 324.35501, 324.35502, 324.35503, 324.40501, 324.52502, 324.52503, and 324.52506), section 301 as amended and section 2010 as added by 2004 PA 587, section 503 as amended by 2012 PA 294, section 504 as amended by 2009 PA 47, sections 1901, 2101, 2106, 2130, and 2136 as added by 1995 PA 60, section 1903 as amended by 2011 PA 117, section 2104 as amended by 1998 PA 28, section 2126 as amended by 2011 PA 323, sections 2131 and 2132 as amended by 2012 PA 622, sections 35501, 35502, and 35503 as added by 1995 PA 59, section 40501 as amended by 2008 PA 416, and sections 52502, 52503, and 52506 as added by 2004 PA 125, and by adding sections 2102c, 2132a, and 2137; and to repeal acts and parts of acts. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1689 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 40, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 2130, 2134, 2135, 2154, and 51106 (MCL 324.2130, 324.2134, 324.2135, 324.2154, and 324.51106), sections 2130, 2134, and 2135 as added by 1995 PA 60 and sections 2154 and 51106 as amended by 2012 PA 604. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 979, entitled A bill to provide for the establishment of municipal recovery and development authorities in certain local governments; to provide for the powers and duties of a municipal recovery and development authority; to authorize the levy and collection of a property tax by a municipal recovery and development authority; to provide for the issuance of bonds, notes, and other obligations; to authorize certain investments; and to provide for the powers and duties of certain government officials. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 999, entitled A bill to amend 2008 PA 549, entitled “Michigan promise zone authority act,” by amending section 4 (MCL 390.1664), as added by 2016 PA 9. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 953, entitled A bill to amend 1972 PA 106, entitled “Highway advertising act of 1972,” by amending sections 2, 3, 4, 6, 7b, 11, 11a, 17, and 17a (MCL 252.302, 252.303, 252.304, 252.306, 252.307b, 252.311, 252.311a, 252.317, and 252.317a), sections 2, 4, 6, 11, 11a, and 17 as amended and sections 7b and 17a as added by 2014 PA 2 and section 3 as amended by 2006 PA 448. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 806, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 5 and 1178 (MCL 380.5 and 380.1178), section 5 as amended by 2016 PA 192 and section 1178 as amended by 2013 PA 187, and by adding section 1179b. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 97, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 384 (MCL 18.1384), as amended by 1999 PA 8. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. 1690 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 26, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 105, 204, 2501, 2502a, 2503, 2504, 2504a, 2505, 2506, 2507, 2509, 2510, 2512, and 2512d (MCL 339.105, 339.204, 339.2501, 339.2502a, 339.2503, 339.2504, 339.2504a, 339.2505, 339.2506, 339.2507, 339.2509, 339.2510, 339.2512, and 339.2512d), sections 105, 204, and 2507 as amended by 1988 PA 463, sections 2501 and 2512 as amended and section 2512d as added by 2008 PA 90, sections 2502a and 2504 as amended and section 2504a as added by 2014 PA 106, section 2503 as amended by 1990 PA 269, section 2505 as amended by 2003 PA 196, section 2506 as amended by 2011 PA 33, and section 2509 as amended by 1988 PA 16, and by adding sections 2502b, 2512e, 2512f, 2516, 2516a, and 2516b. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 963, entitled A bill to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations in the skilled trades and to regulate persons and activities relative to those occupations; to create a board for each of those occupations; to establish the powers and duties of certain state and local governmental officers and entities, including the boards created under this act; to provide for the promulgation of rules; to provide for fees; to provide for penalties and civil fines; and to repeal acts and parts of acts. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 968, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 104, 601, 2402, and 2403 (MCL 339.104, 339.601, 339.2402, and 339.2403), section 104 as amended by 1996 PA 151, section 601 as amended by 2008 PA 319, section 2402 as amended by 2007 PA 157, and section 2403 as amended by 1984 PA 191. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 1050, entitled A bill to amend 1986 PA 119, entitled “An act to regulate the business of buying or receiving used motor vehicle parts; to prescribe the powers and duties of certain state and local officers; and to provide penalties,” by amending sections 1 and 2 (MCL 257.1351 and 257.1352), as amended by 2016 PA 112. Substitute (S-1). The following are the amendments to the substitute recommended by the Committee of the Whole: 1. Amend page 3, line 24, after “DEALER” by striking out the balance of the line through “RIM” on line 25. 2. Amend page 4, line 3, after “DEALER” by striking out the balance of the line through “TREAD,” on line 4. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4911, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 36 and 56 of chapter X (MCL 710.36 and 710.56), section 36 as amended by 2016 PA 191 and section 56 as amended by 2014 PA 118. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1691 By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of Third Reading of Bills calendar: House Bill No. 4047 House Bill No. 4388 Senate Bill No. 1076 Senate Bill No. 1077 Senate Bill No. 1078 House Bill No. 4588 House Bill No. 5181 Senate Bill No. 1088 Senate Bill No. 39 Senate Bill No. 40 Senate Bill No. 979 Senate Bill No. 999 Senate Bill No. 1046 Senate Bill No. 805 Senate Bill No. 806 House Bill No. 4651 House Bill No. 5572 Senate Bill No. 1104 Senate Bill No. 950 Senate Bill No. 1079 Senate Bill No. 97 Senate Bill No. 26 Senate Bill No. 963 Senate Bill No. 964 Senate Bill No. 965 Senate Bill No. 966 Senate Bill No. 967 Senate Bill No. 968 Senate Bill No. 969 Senate Bill No. 970 Senate Bill No. 971 Senate Bill No. 972 Senate Bill No. 1050 House Bill No. 4911 Senate Bill No. 923 Senate Bill No. 924 Senate Bill No. 925 Senate Bill No. 926 Senate Bill No. 1041 Senate Bill No. 1042 Senate Bill No. 1043 Senate Bill No. 1044 Senate Bill No. 1090 Senate Bill No. 1091 The motion prevailed, a majority of the members serving voting therefor. The Assistant President pro tempore, Senator O’Brien, assumed the Chair. enator Hood moved that Senator Johnson be excused from the balance of today’s session. S The motion prevailed. 1692 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 The following bill was read a third time: House Bill No. 4047, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 5a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 568 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4388, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1212 (MCL 380.1212), as amended by 2003 PA 299. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 569 Ananich Bieda Booher Yeas—36 Hansen Hertel Hildenbrand Knollenberg Robertson Kowall Rocca MacGregor Schmidt No. 68] [October 20, 2016] JOURNAL OF THE SENATE Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Nays—0 1693 Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Excused—1 Johnson Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 1076, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 637 (MCL 257.637). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 570 Yeas—34 Ananich Hansen Bieda Hertel Booher Hood Brandenburg Hopgood Casperson Horn Colbeck Hune Emmons Jones Green Knezek Gregory Kowall MacGregor Rocca Marleau Schmidt Meekhof Schuitmaker Nofs Shirkey O’Brien Stamas Pavlov Warren Proos Young Robertson Zorn 1694 JOURNAL OF THE SENATE [October 20, 2016] Nays—2 Hildenbrand Knollenberg Excused—1 Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1077, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 636 (MCL 257.636). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 571 Yeas—34 Ananich Hansen MacGregor Rocca Bieda Hertel Marleau Schmidt Booher Hood Meekhof Schuitmaker Brandenburg Hopgood Nofs Shirkey Casperson Horn O’Brien Stamas Colbeck Hune Pavlov Warren Emmons Jones Proos Young Green Knezek Robertson Zorn Gregory Kowall Nays—2 Hildenbrand Knollenberg Excused—1 Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. [No. 68 No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1695 The following bill was read a third time: Senate Bill No. 1078, entitled A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending section 37 (MCL 256.657), as amended by 2014 PA 317. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 572 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4588, entitled A bill to amend 1968 PA 330, entitled “Private security business and security alarm act,” by amending sections 37 and 39 (MCL 338.1087 and 338.1089), as added by 2010 PA 68, and by adding section 37a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 573 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn 1696 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to license and regulate private security guards, private security police, private security guard agencies, private college security forces, and security alarm systems servicing, installing, operating, and monitoring; to provide penalties for violations; to protect the general public against unauthorized, unlicensed and unethical operations by individuals engaged in private security activity or security alarm systems sales, installations, service, maintenance, and operations; to establish minimum qualifications for individuals as well as private agencies engaged in the security business and security alarm systems and operations; to impose certain fees; to create certain funds; and to prescribe certain powers and duties of certain private colleges and certain state departments, agencies, and officers,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5181, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 2a of chapter IV (MCL 764.2a), as amended by 2002 PA 483. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 574 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson In The Chair: O’Brien Not Voting—0 No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1697 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 1088, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 203 (MCL 436.1203), as amended by 2014 PA 50. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 575 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. 1698 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 The following bill was read a third time: Senate Bill No. 39, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending the heading of subpart 1 of part 21 and amending sections 301, 503, 504, 1901, 1903, 2010, 2101, 2104, 2106, 2126, 2130, 2131, 2132, 2136, 35501, 35502, 35503, 40501, 52502, 52503, and 52506 (MCL 324.301, 324.503, 324.504, 324.1901, 324.1903, 324.2010, 324.2101, 324.2104, 324.2106, 324.2126, 324.2130, 324.2131, 324.2132, 324.2136, 324.35501, 324.35502, 324.35503, 324.40501, 324.52502, 324.52503, and 324.52506), section 301 as amended and section 2010 as added by 2004 PA 587, section 503 as amended by 2012 PA 294, section 504 as amended by 2009 PA 47, sections 1901, 2101, 2106, 2130, and 2136 as added by 1995 PA 60, section 1903 as amended by 2011 PA 117, section 2104 as amended by 1998 PA 28, section 2126 as amended by 2011 PA 323, sections 2131 and 2132 as amended by 2012 PA 622, sections 35501, 35502, and 35503 as added by 1995 PA 59, section 40501 as amended by 2008 PA 416, and sections 52502, 52503, and 52506 as added by 2004 PA 125, and by adding sections 2102c, 2132a, and 2137; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 576 Yeas—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Nays—10 Ananich Hertel Knezek Warren Bieda Hood Rocca Young Gregory Hopgood Excused—1 Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 40, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 2130, 2134, 2135, 2154, and 51106 (MCL 324.2130, 324.2134, 324.2135, 324.2154, and 324.51106), sections 2130, 2134, and 2135 as added by 1995 PA 60 and sections 2154 and 51106 as amended by 2012 PA 604. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 68] [October 20, 2016] JOURNAL OF THE SENATE Roll Call No. 577 1699 Yeas—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Nays—10 Ananich Hertel Knezek Warren Bieda Hood Rocca Young Gregory Hopgood Excused—1 Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 979, entitled A bill to provide for the establishment of municipal recovery and development authorities in certain local governments; to provide for the powers and duties of a municipal recovery and development authority; to authorize the levy and collection of a property tax by a municipal recovery and development authority; to provide for the issuance of bonds, notes, and other obligations; to authorize certain investments; and to provide for the powers and duties of certain government officials. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 578 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn 1700 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 999, entitled A bill to amend 2008 PA 549, entitled “Michigan promise zone authority act,” by amending section 4 (MCL 390.1664), as added by 2016 PA 9. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 579 Yeas—35 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hood Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Horn Nofs Stamas Emmons Hune O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Knollenberg Robertson Nays—1 Colbeck Excused—1 Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1701 The following bill was read a third time: Senate Bill No. 805, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17744b (MCL 333.17744b), as added by 2014 PA 311. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 580 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1046, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1321 (MCL 380.1321), as amended by 2008 PA 1. The question being on the passage of the bill, Senator Knezek offered the following amendment: 1. Amend page 3, following line 7, by inserting: “Enacting section 2. This amendatory act does not take effect unless House Bill No. 5758 of the 98th Legislature is enacted into law.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 581 Yeas—11 Ananich Hertel Knezek Young Bieda Hood Rocca Zorn Gregory Hopgood Warren 1702 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 Nays—25 Booher Hildenbrand MacGregor Proos Brandenburg Horn Marleau Robertson Casperson Hune Meekhof Schmidt Colbeck Jones Nofs Schuitmaker Emmons Knollenberg O’Brien Shirkey Green Kowall Pavlov Stamas Hansen Excused—1 Johnson Not Voting—0 In The Chair: O’Brien Senator Knezek offered the following amendment: 1. Amend page 3, following line 7, by inserting: “Enacting section 2. This amendatory act does not take effect unless House Bill No. 4021 of the 98th Legislature is enacted into law.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 582 Ananich Bieda Booher Yeas—12 Gregory Hertel Hood Hopgood Warren Knezek Young Rocca Zorn Nays—24 Brandenburg Hildenbrand MacGregor Proos Casperson Horn Marleau Robertson Colbeck Hune Meekhof Schmidt Emmons Jones Nofs Schuitmaker Green Knollenberg O’Brien Shirkey Hansen Kowall Pavlov Stamas Excused—1 Johnson No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1703 Not Voting—0 In The Chair: O’Brien he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 583 Yeas—28 Booher Hertel MacGregor Robertson Brandenburg Hildenbrand Marleau Schmidt Casperson Horn Meekhof Schuitmaker Colbeck Hune Nofs Shirkey Emmons Jones O’Brien Stamas Green Knollenberg Pavlov Young Hansen Kowall Proos Zorn Nays—8 Ananich Bieda Gregory Hood Hopgood Rocca Knezek Warren Excused—1 Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 806, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 5 and 1178 (MCL 380.5 and 380.1178), section 5 as amended by 2016 PA 192 and section 1178 as amended by 2013 PA 187, and by adding section 1179b. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 584 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker 1704 JOURNAL OF THE SENATE [October 20, 2016] Casperson Colbeck Emmons Green Gregory Hopgood Horn Hune Jones Knezek [No. 68 Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4651, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 312a (MCL 257.312a), as amended by 2013 PA 177. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 585 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson In The Chair: O’Brien Not Voting—0 No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1705 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title. Senator Knezek asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Knezek’s statement is as follows: Colleagues, I just wanted to come to the podium briefly to call attention to the fact that House Bill No. 4651 is going to be Representative Plawecki’s first and only public act that she receives having served as a member of the Michigan House of Representatives. This is a bill that was brought to her attention from our local American Legion in Garden City, Michigan. We are the birthplace of the American Legion Riders. They came to her with an issue they’ve been passionate about for years when it comes to motorcycle safety and this was an issue that Representative Plawecki took on with enthusiasm and with gusto and she pushed it through the House and its come over to the Senate. I wanted to just personally take the opportunity to recognize the good Senator from the 24th District and thank him for his willingness to entertain this legislation and allow it to come up for a vote after the unfortunate circumstance of Representative Plawecki’s passing. I would simply ask that you take the opportunity to think about a phenomenal way to recognize her service to this state and the sacrifice that she made for the state and the sacrifice that her family has made for the state by honoring her memory here today and offering up a “yes” vote in favor of House Bill No. 4651. The following bill was read a third time: House Bill No. 5572, entitled A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending section 154 (MCL 207.1154), as amended by 2015 PA 176. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 586 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn 1706 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to prescribe a tax on the sale and use of certain types of fuel in motor vehicles on the public roads or highways of this state and on certain other types of gas; to prescribe the manner and the time of collection and payment of this tax and the duties of officials and others pertaining to the payment and collection of this tax; to provide for the licensing of persons involved in the sale, use, or transportation of motor fuel and the collection and payment of the tax imposed by this act; to prescribe fees; to prescribe certain other powers and duties of certain state agencies and other persons; to provide for exemptions and refunds and for the disposition of the proceeds of this tax; to provide for appropriations from the proceeds of this tax; to prescribe remedies and penalties for the violation of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 1104, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 1482. The question being on the passage of the bill, Senator Warren offered the following amendments: 1. Amend page 1, line 8, after “CARE” by inserting “OR REHABILITATIVE SERVICES”. 2. Amend page 1, line 10, by striking out “TRIAL” and inserting “A POST-VERDICT COLLATERAL SOURCE HEARING UNDER SECTION 6306”. 3. Amend page 1, following line 10, by inserting: “(2) A PERSON IS NOT ENTITLED TO A LIEN OR RIGHT OF REIMBURSEMENT FOR AN AMOUNT, OBLIGATION, OR PAYMENT SET FORTH IN THIS SECTION AGAINST ANY PORTION OF A JUDGMENT, SETTLEMENT, OR OTHER RECOVERY THAT IS FOR NONECONOMIC LOSS.” and renumbering the remaining subsection. 4. Amend page 2, line 8, after “IS” by inserting “OR WAS”. 5. Amend page 2, line 9, after “CARE” by inserting “OR REHABILITATIVE SERVICES”. 6. Amend page 2, following line 9, by inserting: “(B) “NONECONOMIC LOSS” MEANS DAMAGES OR LOSS DUE TO PAIN, SUFFERING, INCONVENIENCE, PHYSICAL IMPAIRMENT, OR PHYSICAL DISFIGUREMENT, LOSS OF SOCIETY AND COMPANIONSHIP, WHETHER CLAIMED UNDER SECTION 2922 OR OTHERWISE, LOSS OF CONSORTIUM, OR OTHER NONECONOMIC LOSS.” and relettering the remaining subdivision. 7. Amend page 2, line 16, by striking out “an action filed” and inserting “a cause of action for medical malpractice that accrues”. The amendments were not adopted, a majority of the members serving not voting therefor. Senator Hood requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendments were not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 587 Yeas—10 Ananich Hertel Knezek Warren Bieda Hood Rocca Young Gregory Hopgood No. 68] [October 20, 2016] JOURNAL OF THE SENATE Nays—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Excused—1 Johnson Not Voting—0 In The Chair: O’Brien he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 588 Yeas—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Nays—10 Ananich Hertel Knezek Warren Bieda Hood Rocca Young Gregory Hopgood Excused—1 Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. 1707 1708 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 Protests Senators Bieda, Hood and Young, under their constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 1104. Senator Bieda moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.” The motion prevailed. Senator Bieda’s statement, in which Senators Hood and Young concurred, is as follows: Colleagues, I rise today to offer my “no” vote explanation for Senate Bill No. 1104. Under current law, it’s already challenging for severely injured people to recoup damages that they need to recover. I’m concerned that this bill will only make that process more difficult. When people are injured or killed because of medical negligence, they and their families deserve the opportunity to make their cases heard in court. Limiting the damages that can be recovered is fundamentally unjust, and could have the effect of making many of these very serious cases economically unviable. We must provide victims with the opportunity to make their cases heard in court and to get a fair share when it comes to awarded damages. Colleagues, I’d like you to do the following: put yourself in the shoes of someone whose life has been irrevocably altered by no fault of their own. Think about how your life would change and what you’d need to accommodate those changes. If you’re like me, what you’d really want is justice. I encourage all of you to vote no on this bill. Senator Warren asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Warren’s statement is as follows: I rise today to speak to my amendment on Senate Bill No. 1104. Yesterday, my colleagues and I in the Michigan Competitiveness Committee heard testimony on this bill and listened to some concerns that were raised, and I, myself, expressed some concerns. Although I supported the bill at the time because I fully appreciate the question that this bill is attempting to address, and I recognize that in vacating its order of leave to appeal, the Michigan Supreme Court raised the question and put this before the Legislature as something that we should give our attention to. However, colleagues, it’s critical that we ensure that injured citizens in our state can still access the court system and have a fair trial. To that end, my amendment introduces a number of minor changes that will address concerns that were raised in committee. Under the bill as introduced, certain evidence is prohibited from being introduced at trial. My amendment would prohibit that same evidence from being introduced at post-verdict collateral source hearings. In addition, my amendment would stipulate that the bill only apply to medical malpractice cases that accrue after the bill takes effect and not be retroactive to cases that are already in the system. I encourage all of you to vote yes and support fairness for victims of medical malpractice in our state. The following bill was read a third time: Senate Bill No. 950, entitled A bill to amend 1976 PA 399, entitled “Safe drinking water act,” (MCL 325.1001 to 325.1023) by adding section 19a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 589 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren No. 68] [October 20, 2016] JOURNAL OF THE SENATE Green Jones Gregory Knezek 1709 Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1079, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11511b (MCL 324.11511b), as amended by 2011 PA 215. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 590 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. 1710 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 The following bill was read a third time: Senate Bill No. 97, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 384 (MCL 18.1384), as amended by 1999 PA 8. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 591 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 26, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 105, 204, 2501, 2502a, 2503, 2504, 2504a, 2505, 2506, 2507, 2509, 2510, 2512, and 2512d (MCL 339.105, 339.204, 339.2501, 339.2502a, 339.2503, 339.2504, 339.2504a, 339.2505, 339.2506, 339.2507, 339.2509, 339.2510, 339.2512, and 339.2512d), sections 105, 204, and 2507 as amended by 1988 PA 463, sections 2501 and 2512 as amended and section 2512d as added by 2008 PA 90, sections 2502a and 2504 as amended and section 2504a as added by 2014 PA 106, section 2503 as amended by 1990 PA 269, section 2505 as amended by 2003 PA 196, section 2506 as amended by 2011 PA 33, and section 2509 as amended by 1988 PA 16, and by adding sections 2502b, 2512e, 2512f, 2516, 2516a, and 2516b. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 592 Ananich Bieda Booher Yeas—36 Hansen Hertel Hildenbrand Knollenberg Robertson Kowall Rocca MacGregor Schmidt No. 68] [October 20, 2016] JOURNAL OF THE SENATE Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek 1711 Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 963, entitled A bill to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations in the skilled trades and to regulate persons and activities relative to those occupations; to create a board for each of those occupations; to establish the powers and duties of certain state and local governmental officers and entities, including the boards created under this act; to provide for the promulgation of rules; to provide for fees; to provide for penalties and civil fines; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 593 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson 1712 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 968, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 104, 601, 2402, and 2403 (MCL 339.104, 339.601, 339.2402, and 339.2403), section 104 as amended by 1996 PA 151, section 601 as amended by 2008 PA 319, section 2402 as amended by 2007 PA 157, and section 2403 as amended by 1984 PA 191. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 594 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 2:45 p.m. 2:50 p.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1713 The following bill was read a third time: Senate Bill No. 964, entitled A bill to amend 1917 PA 167, entitled “Housing law of Michigan,” by amending section 141c (MCL 125.541c), as added by 1992 PA 144. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 595 Yeas—35 Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hood Marleau Schuitmaker Casperson Hopgood Meekhof Shirkey Colbeck Horn Nofs Stamas Emmons Hune O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Knollenberg Robertson Nays—0 Excused—1 Johnson Not Voting—1 Ananich In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 965, entitled A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending sections 2a, 8b, 9, 10, and 28 (MCL 125.1502a, 125.1508b, 125.1509, 125.1510, and 125.1528), sections 2a and 10 as amended by 2013 PA 125, section 8b as amended by 2006 PA 192, section 9 as added by 2012 PA 103, and section 28 as amended by 2014 PA 9. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 596 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey 1714 JOURNAL OF THE SENATE [October 20, 2016] Colbeck Emmons Green Gregory Horn Hune Jones Knezek [No. 68 Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. Senator Kowall moved to reconsider the vote by which the following bill was passed: Senate Bill No. 964, entitled A bill to amend 1917 PA 167, entitled “Housing law of Michigan,” by amending section 141c (MCL 125.541c), as added by 1992 PA 144. The motion prevailed, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 597 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson In The Chair: O’Brien Not Voting—0 No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1715 The following bill was read a third time: Senate Bill No. 966, entitled A bill to amend 1987 PA 96, entitled “The mobile home commission act,” by amending section 25 (MCL 125.2325). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 598 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The President pro tempore, Senator Schuitmaker, resumed the Chair. The following bill was read a third time: Senate Bill No. 967, entitled A bill to amend 1986 PA 135, entitled “Asbestos abatement contractors licensing act,” by amending section 207 (MCL 338.3207), as amended by 1998 PA 132. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 599 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn 1716 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 969, entitled A bill to amend 1937 PA 306, entitled “An act to promote the safety, welfare, and educational interests of the people of the state of Michigan by regulating the construction, reconstruction, and remodeling of certain public or private school buildings or additions to such buildings, by regulating the construction, reconstruction, and remodeling of buildings leased or acquired for school purposes, and to define the class of buildings affected by this act; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties for the violation of this act; and to repeal acts and parts of acts,” by amending section 1b (MCL 388.851b), as amended by 2006 PA 199. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 600 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1717 The following bill was read a third time: Senate Bill No. 970, entitled A bill to amend 2002 PA 468, entitled “Joe Gagnon appliance repair act,” by amending section 2 (MCL 445.832). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 601 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 971, entitled A bill to amend 1980 PA 497, entitled “Construction lien act,” by amending section 114 (MCL 570.1114), as amended by 2006 PA 497. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 602 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn 1718 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 972, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2015 PA 184. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 603 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1719 The following bill was read a third time: Senate Bill No. 1050, entitled A bill to amend 1986 PA 119, entitled “An act to regulate the business of buying or receiving used motor vehicle parts; to prescribe the powers and duties of certain state and local officers; and to provide penalties,” by amending sections 1 and 2 (MCL 257.1351 and 257.1352), as amended by 2016 PA 112. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 604 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4911, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 36 and 56 of chapter X (MCL 710.36 and 710.56), section 36 as amended by 2016 PA 191 and section 56 as amended by 2014 PA 118. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 605 Yeas—22 Ananich Hansen Kowall Pavlov Bieda Hertel MacGregor Robertson Booher Hildenbrand Marleau Schmidt Casperson Horn Meekhof Young Emmons Jones Nofs Zorn Green Knollenberg 1720 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 Nays—14 Brandenburg Hopgood Proos Shirkey Colbeck Hune Rocca Stamas Gregory Knezek Schuitmaker Warren Hood O’Brien Excused—1 Johnson Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 923, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 136c (MCL 750.136c), as added by 2000 PA 205. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 606 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1721 Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 924, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 15f of chapter XVII (MCL 777.15f), as added by 2002 PA 206. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 607 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. 1722 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 The following bill was read a third time: Senate Bill No. 925, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 55 of chapter X (MCL 710.55), as added by 1994 PA 222. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 608 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 926, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5103 (MCL 700.5103), as amended by 2004 PA 93. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 609 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1723 Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: Schuitmaker he Senate agreed to the title of the bill. T Senators Ananich, Bieda, Booher, Casperson, Emmons, Hansen, Hildenbrand, Hopgood, Horn, Knollenberg, Kowall, MacGregor, Marleau, Meekhof, Nofs, O’Brien, Rocca, Schmidt, Schuitmaker, Shirkey and Zorn were named co‑sponsors of the bill. The following bill was read a third time: Senate Bill No. 1041, entitled A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending section 24 (MCL 400.724). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 610 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. 1724 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 The following bill was read a third time: Senate Bill No. 1042, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 11c (MCL 400.11c), as added by 1982 PA 519. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 611 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1043, entitled A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 5 (MCL 722.625), as amended by 2004 PA 563. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 612 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1725 Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1044, entitled A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 10 (MCL 722.120), as amended by 2006 PA 206. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 613 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. 1726 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 The following bill was read a third time: Senate Bill No. 1090, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 1 of chapter XIIA (MCL 712A.1), as amended by 2014 PA 533. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 614 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1091, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 19a of chapter XIIA (MCL 712A.19a), as amended by 2012 PA 115. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 615 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1727 Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar: Senate Bill No. 953 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: Senate Bill No. 953, entitled A bill to amend 1972 PA 106, entitled “Highway advertising act of 1972,” by amending sections 2, 3, 4, 6, 7b, 11, 11a, 17, and 17a (MCL 252.302, 252.303, 252.304, 252.306, 252.307b, 252.311, 252.311a, 252.317, and 252.317a), sections 2, 4, 6, 11, 11a, and 17 as amended and sections 7b and 17a as added by 2014 PA 2 and section 3 as amended by 2006 PA 448. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 616 Yeas—23 Booher Hansen Knollenberg Robertson Brandenburg Hertel Kowall Schmidt Casperson Hildenbrand MacGregor Shirkey Colbeck Horn Meekhof Stamas Emmons Hune Pavlov Young Green Knezek Proos Nays—13 Ananich Hopgood Nofs Schuitmaker Bieda Jones O’Brien Warren Gregory Marleau Rocca Zorn Hood Excused—1 Johnson 1728 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that further consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. enate Resolution No. 174. S A resolution to recognize Clay Township as the sturgeon angling capital of Michigan. The question being on the adoption of the resolution, The resolution was adopted. Senators Hansen, Knollenberg, O’Brien, Zorn, Booher, Brandenburg and Proos were named co‑sponsors of the resolution. enate Resolution No. 214. S A resolution to urge the President and Congress of the United States to curb and clarify the role and authority of the U.S. Department of Education as it relates to the “supplement not supplant” provisions in the Every Student Succeeds Act. The question being on the adoption of the resolution, The resolution was adopted. enator Ananich offered the following resolution: S Senate Resolution No. 218. A resolution to commemorate the month of November 2016 as Bladder Health Month. Whereas, Millions of Americans are impacted by bladder diseases and conditions, including urinary tract infections, overactive bladder, underactive bladder, urinary incontinence, interstitial cystitis, nocturia, bladder cancer, urotrauma, and neurogenic bladder; and Whereas, Bladder diseases and conditions have a negative effect on an individual’s health and quality of life, contributing to depression, anxiety, sexual dysfunction, social isolation, nursing home admissions, hospitalizations, decreased physical activity, and even death; and Whereas, Bladder diseases and conditions result in costs estimated at over $70 billion annually; and Whereas, Medical and behavioral research to better understand bladder health and treat bladder diseases is crucial yet not widely recognized; and Whereas, Bladder problems are highly stigmatized, and open dialogue generated by designating a month this year as National Bladder Health Month can reduce stigma and empower providers and patients to have much-needed conversations about bladder health; and Whereas, Industry professionals have strived to raise awareness by designating November as Bladder Health Month; now, therefore, be it Resolved by the Senate, That the members of this legislative body commemorate the month of November 2016 as Bladder Health Month in the state of Michigan. We encourage all Michigan’s citizens to participate in the aims and goals of this effort. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Brandenburg, Emmons, Hansen, Kowall, Marleau, Proos, Rocca and Warren were named co‑sponsors of the resolution. No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1729 enators Bieda and Kowall offered the following resolution: S Senate Resolution No. 217. A resolution to recognize November 30, 2016, as the Third Annual Michigan Auto Heritage Day. Whereas, Michigan’s automotive heritage is preserved and promoted by the MotorCities National Heritage Area Partnership, an affiliate of the National Park Service; and Whereas, National Heritage Areas are places where natural, cultural, historic, and scenic resources combine to form a cohesive, nationally important landscape arising from patterns of humanity; and Whereas, The MotorCities National Heritage Area Partnership is Michigan’s only national heritage area, located throughout a region of more than 10,000 miles covering a population of more than 6 million people; and Whereas, The MotorCities National Heritage Area is the largest concentration of auto-related sites, attractions and events in the world bringing millions of visitors and dollars into the state’s economy each year; and Whereas, A study completed in 2015, showed that the MotorCities National Heritage Area generates $410.4 million in economic impact and supports $35.4 million in tax revenue; and Whereas, The economic strength of our nation is connected integrally to the vitality of the automobile industry, which employs millions of workers; and Whereas, The industrial and cultural heritage of the automobile industry in Michigan includes the social history and living cultural traditions of many generations; and Whereas, The original legislation that created the MotorCities National Heritage Area in 1998 was championed by Congressman John Dingell and Senator Carl Levin, two of Michigan’s longest-serving public servants; and Whereas, In 2016, the MotorCities National Heritage Area celebrated the National Park Service’s 100th anniversary through local and statewide programming; and Whereas, The ‘Find Your Road Trip, Find Yourself’ tourism guide was very popular, with 20,000 copies being circulated throughout the National Heritage Area; and Whereas, For the third consecutive year, Michigan Legislators will be invited to participate in the Automotive Caucus for members to exchange ideas and influence policy, including auto heritage; now, therefore be it Resolved by the Senate, That the members of this legislative body recognize November 30, 2016, as the Third Annual Michigan Auto Heritage Day; and be it further Resolved, That a copy of this resolution be transmitted to the MotorCities National Heritage Area Partnership. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Brandenburg, Emmons, Gregory, Hansen, Marleau, Proos, Rocca, Schmidt, Warren and Zorn were named co‑sponsors of the resolution. Introduction and Referral of Bills Senator Casperson introduced Senate Bill No. 1126, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 32505 (MCL 324.32505), as added by 1995 PA 59. The bill was read a first and second time by title and referred to the Committee on Natural Resources. Senator Hansen introduced Senate Bill No. 1127, entitled A bill to amend 1964 PA 284, entitled “City income tax act,” by amending sections 6 and 9 of chapter 1 and section 51 of chapter 2 (MCL 141.506, 141.509, and 141.651), section 9 of chapter 1 as added by 1996 PA 478 and section 51 of chapter 2 as amended by 1982 PA 124. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Jones and Shirkey introduced Senate Bill No. 1128, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 22203 (MCL 333.22203), as amended by 2002 PA 619. The bill was read a first and second time by title and referred to the Committee on Health Policy. 1730 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 Senators Schuitmaker, Hildenbrand and Hopgood introduced Senate Bill No. 1129, entitled A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending sections 5c, 5d, 5e, 5g, 5h, 5i, 5j, 5k, and 5l (MCL 722.115c, 722.115d, 722.115e, 722.115g, 722.115h, 722.115i, 722.115j, 722.115k, and 722.115l), sections 5c and 5d as amended by 2010 PA 379, section 5e as added by 2005 PA 133, section 5g as amended by 2007 PA 217, sections 5h, 5i, 5j, and 5k as added by 2007 PA 218, and section 5l as added by 2008 PA 15, and by adding sections 5m, 5n, 5o, 5p, 5q, 5r, and 5s. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senators Hopgood, Hildenbrand and Schuitmaker introduced Senate Bill No. 1130, entitled A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending sections 7, 8, and 11b (MCL 722.117, 722.118, and 722.121b), section 8 as amended by 1980 PA 232 and section 11b as amended by 2010 PA 86, and by adding sections 4a, 7a, and 8c. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senators Hildenbrand, Schuitmaker and Hopgood introduced Senate Bill No. 1131, entitled A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending sections 1, 1a, 2, 2a, 2c, 2d, 2e, 3, 3a, 3b, 3c, 3e, 3f, 3g, 5, 5b, 6, 8a, 8b, 9, 10, 11, 11a, 12, 13, 14, 14a, 14b, 14c, 14d, 14e, 14f, 15, and 16 (MCL 722.111, 722.111a, 722.112, 722.112a, 722.112c, 722.112d, 722.112e, 722.113, 722.113a, 722.113b, 722.113c, 722.113e, 722.113f, 722.113g, 722.115, 722.115b, 722.116, 722.118a, 722.118b, 722.119, 722.120, 722.121, 722.121a, 722.122, 722.123, 722.124, 722.124a, 722.124b, 722.124c, 722.124d, 722.124e, 722.124f, 722.125, and 722.126), section 1 as amended by 2014 PA 65, section 1a as added by 1984 PA 139, sections 2, 3, and 10 as amended by 2006 PA 206, sections 2a, 3c, and 3e as amended by 2007 PA 217, sections 2c, 2d, and 2e as added by 2004 PA 531, section 3a as amended and section 8b as added by 1997 PA 165, section 3b as added by 1993 PA 211, section 3f as added by 2008 PA 15, section 3g as added and section 11 as amended by 2010 PA 85, section 5 as amended by 2011 PA 228, section 5b as added by 1998 PA 519, section 8a as added by 1980 PA 32, section 9 as amended by 2010 PA 379, section 12 as amended by 1980 PA 232, section 14a as amended by 1984 PA 396, sections 14b and 14c as added by 1994 PA 209, section 14d as amended by 1995 PA 107, sections 14e and 14f as added by 2015 PA 53, and section 15 as amended by 1993 PA 218, and by adding sections 3h and 11c; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senators Hertel, Gregory, Ananich and Young introduced Senate Bill No. 1132, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 5475a (MCL 333.5475a), as added by 2004 PA 434. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators Hertel, Hood, Brandenburg and Gregory introduced Senate Bill No. 1133, entitled A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending sections 20d, 31, and 49 (MCL 38.20d, 38.31, and 38.49), section 20d as amended by 2002 PA 93, section 31 as amended by 2002 PA 99, and section 49 as amended by 2011 PA 264. The bill was read a first and second time by title and referred to the Committee on Appropriations. No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1731 Senators Hertel, Hood, Brandenburg and Gregory introduced Senate Bill No. 1134, entitled A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 85, 91, and 108 (MCL 38.1385, 38.1391, and 38.1408), section 85 as amended by 2006 PA 617 and sections 91 and 108 as amended by 2012 PA 300. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senators Hertel, Hood, Brandenburg and Gregory introduced Senate Bill No. 1135, entitled A bill to amend 1992 PA 234, entitled “The judges retirement act of 1992,” by amending sections 506 and 604 (MCL 38.2506 and 38.2604), section 506 as amended by 2002 PA 95 and section 604 as amended by 2008 PA 514. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Ananich introduced Senate Bill No. 1136, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 801 (MCL 257.801), as amended by 2016 PA 148. The bill was read a first and second time by title and referred to the Committee on Transportation. Senator Ananich introduced Senate Bill No. 1137, entitled A bill to amend 2014 PA 138, entitled “Workforce opportunity wage act,” by amending section 4a (MCL 408.414a). The bill was read a first and second time by title and referred to the Committee on Commerce. Senator Schmidt introduced Senate Bill No. 1138, entitled A bill to amend 1988 PA 226, entitled “An act to limit the powers of a local governmental unit regarding the leasing of private residential property,” by amending section 1 (MCL 123.411). The bill was read a first and second time by title and referred to the Committee on Local Government. Senator Ananich introduced Senate Bill No. 1139, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 5478a. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senator Ananich introduced Senate Bill No. 1140, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 5478b. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senators Knollenberg, MacGregor and Marleau introduced Senate Bill No. 1141, entitled A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending section 3 (MCL 400.703), as amended by 2014 PA 450. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. Senators Knollenberg, MacGregor and Marleau introduced Senate Bill No. 1142, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20106 (MCL 333.20106), as amended by 2015 PA 104. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. 1732 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 Senators Warren, Brandenburg, Robertson, Hopgood, Knollenberg, Knezek, O’Brien, Zorn, Pavlov, Green, Ananich, Bieda, Gregory and Hertel introduced Senate Bill No. 1143, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1705a. The bill was read a first and second time by title and referred to the Committee on Education. Senators Robertson, Warren, Hopgood and Knollenberg introduced Senate Bill No. 1144, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1705. The bill was read a first and second time by title and referred to the Committee on Education. Senators Ananich, Bieda, Hood, Hopgood, Hertel and Gregory introduced Senate Bill No. 1145, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” (MCL 388.1601 to 388.1896) by adding section 236f. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senators Hood, Bieda, Hopgood, Hertel, Gregory and Ananich introduced Senate Bill No. 1146, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” (MCL 388.1601 to 388.1896) by adding section 236e. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senators Horn, Green, Brandenburg, Stamas, Casperson, Gregory, Knezek, Zorn, Pavlov, Marleau, Jones, Hansen, Robertson, Rocca, Proos, Schuitmaker, Hopgood, Bieda, O’Brien, Schmidt, Hune, MacGregor, Knollenberg and Shirkey introduced Senate Bill No. 1147, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 13a. The bill was read a first and second time by title and referred to the Committee on Transportation. Senator MacGregor introduced Senate Bill No. 1148, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 117c (MCL 400.117c), as amended by 1998 PA 516, and by adding section 117h; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Oversight. Senator MacGregor introduced Senate Bill No. 1149, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 117a (MCL 400.117a), as amended by 2016 PA 279. The bill was read a first and second time by title and referred to the Committee on Oversight. Senators Hertel, Zorn, Schmidt, Bieda, Hansen, Knezek and Horn introduced Senate Bill No. 1150, entitled A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 405 (MCL 418.405), as amended by 2014 PA 515. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senators Schuitmaker and Knezek introduced Senate Bill No. 1151, entitled A bill to provide for the regulation of the management of pharmacy benefits; to require the licensing of pharmacy benefit managers; to provide for the regulation of certain other entities under certain circumstances; to provide for the No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1733 powers and duties of certain state governmental officers and entities; to prescribe penalties and provide remedies; and to allow for the promulgation of rules. The bill was read a first and second time by title and referred to the Committee on Insurance. Senators Stamas, Schmidt, Horn, Meekhof, Knezek, Hertel and Ananich introduced Senate Bill No. 1153, entitled A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding chapter 8D. The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment. Senators Schmidt, Bieda, Stamas, Knezek, Meekhof and Ananich introduced Senate Bill No. 1154, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 703 and 711 (MCL 206.703 and 206.711), as amended by 2016 PA 158. The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment. Senators Bieda, Hertel, Knezek, Schmidt, Stamas, Meekhof and Ananich introduced Senate Bill No. 1155, entitled A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 28 (MCL 205.28), as amended by 2015 PA 10. The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment. Statements Senator Ananich asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. Senator Ananich’s statement is as follows: It’s a bit of an ironic occasion because normally when I’m here speaking, the person who I’m speaking about is actually writing my words, so it’s going to be very difficult because I’m speaking from the heart here. For the past year, myself and the entire Democratic Caucus, both staff and every member on the floor here, has had the tremendous honor, and I mean that word on purpose, it’s been a true honor to have Jen Anderson as part of our team and part of our family, and one of the things about a family is no matter where you go, you’re still stuck with us. She may be leaving the Senate Democratic Caucus and taking a great opportunity to be the communications manager for the Michigan Primary Care Association, and when she told me about this opportunity, I said this to her, and I’ll repeat it today, the Michigan Primary Care Association’s gain is definitely going to be our loss. But, she’s not going very far and she’ll be here—they’re opening an office downtown—and I think you’ll see a lot of great things coming out of the Michigan Primary Care Association in large part because of the great addition they’re going to be getting very soon. If we could all please give her a round of applause. She’s done a tremendous job for myself and all the caucus this past year and she will be greatly missed. She’s a tremendous person and she’s been an amazing staff person, and I want to thank her. 1734 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 Committee Reports The Committee on Judiciary reported House Bill No. 4651, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 312a (MCL 257.312a), as amended by 2013 PA 177. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5215, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 70a. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, October 18, 2016, at 3:00 p.m., Room 110, Farnum Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda The Committee on Commerce reported Senate Bill No. 645, entitled A bill to establish uniform criteria for determining an employee-employer relationship for purposes of the laws of this state; to prohibit misclassification of employees in reports required of employers by this state; and to provide sanctions. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor and O’Brien Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Commerce reported Senate Bill No. 1048, entitled A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending sections 131, 143, 151, 202, 217, 246, 282, 283, 286, 287, 288, 301, 302, 405, 407, 525, 611, 703a, 707, 746, 762, 764, 765, 778, 784, 911, 922, 923, 1016, 1021, 1042, 1056, and 1060 (MCL 450.1131, 450.1143, 450.1151, 450.1202, 450.1217, 450.1246, 450.1282, 450.1283, 450.1286, 450.1287, 450.1288, 450.1301, 450.1302, 450.1405, 450.1407, 450.1525, 450.1611, 450.1703a, 450.1707, 450.1746, 450.1762, 450.1764, 450.1765, 450.1778, 450.1784, 450.1911, 450.1922, 450.1923, 450.2016, 450.2021, 450.2042, 450.2056, and 450.2060), sections 131 and 217 as amended and section 746 as added by 2008 No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1735 PA 402, section 143 as amended by 2006 PA 47, sections 151, 407, and 525 as amended by 2001 PA 57, sections 202, 405, 611, 703a, 762, 784, 911, and 1021 as amended and sections 282, 283, 286, 287, and 288 as added by 2012 PA 569, sections 246, 765, and 923 as amended by 1989 PA 121, sections 301, 302, 707, and 1042 as amended by 1997 PA 118, sections 764, 922, and 1016 as amended by 1993 PA 91, section 778 as amended by 2013 PA 123, section 1056 as added by 1982 PA 407, and section 1060 as amended by 2015 PA 66; and to repeal acts and parts of acts. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Wayne A. Schmidt Chairperson To Report Out: Yeas: Senators Schmidt, Kowall, MacGregor, O’Brien and Hertel Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Commerce submitted the following: T Meeting held on Wednesday, October 19, 2016, at 8:30 a.m., Room 210, Farnum Building Present: Senators Schmidt (C), Kowall, MacGregor, O’Brien and Hertel The Committee on Finance reported Senate Bill No. 960, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 7o (MCL 211.7o), as amended by 2006 PA 681. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Casperson, Proos and Warren Nays: Senator Bieda The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 5572, entitled A bill to amend 2000 PA 403, entitled “Motor fuel tax act,” by amending section 154 (MCL 207.1154), as amended by 2015 PA 176. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Knollenberg, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Finance submitted the following: T Meeting held on Tuesday, October 18, 2016, at 2:30 p.m., Room 210, Farnum Building Present: Senators Brandenburg (C), Robertson, Knollenberg, Casperson, Proos, Bieda and Warren The Committee on Michigan Competitiveness reported Senate Bill No. 1104, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding section 1482. 1736 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Stamas, Robertson, Proos and Warren Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Michigan Competitiveness submitted the following: T Meeting held on Wednesday, October 19, 2016, at 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Stamas, Robertson, Proos and Warren The Committee on Natural Resources reported Senate Bill No. 950, entitled A bill to amend 1976 PA 399, entitled “Safe drinking water act,” (MCL 325.1001 to 325.1023) by adding section 19a. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Pavlov, Robertson, Stamas and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Natural Resources reported Senate Bill No. 1079, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11511b (MCL 324.11511b), as amended by 2011 PA 215. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Pavlov, Robertson, Stamas and Warren Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Natural Resources submitted the following: T Meeting held on Wednesday, October 19, 2016, at 12:30 p.m., Room 210, Farnum Building Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren The Committee on Outdoor Recreation and Tourism reported Senate Bill No. 684, entitled A bill to designate the cherry as the official fruit of the state of Michigan. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Goeffrey M. Hansen Chairperson To Report Out: Yeas: Senators Hansen, Zorn, Schmidt, Green and Johnson Nays: None The bill was referred to the Committee of the Whole. No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1737 The Committee on Outdoor Recreation and Tourism reported Senate Bill No. 685, entitled A bill to designate the blueberry as the official berry of the state of Michigan. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Goeffrey M. Hansen Chairperson To Report Out: Yeas: Senators Hansen, Zorn, Schmidt, Green and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Outdoor Recreation and Tourism reported Senate Bill No. 1070, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 48714a. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Goeffrey M. Hansen Chairperson To Report Out: Yeas: Senators Hansen, Zorn, Schmidt and Green Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Outdoor Recreation and Tourism reported Senate Bill No. 1072, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 43528c. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Goeffrey M. Hansen Chairperson To Report Out: Yeas: Senators Hansen, Zorn, Schmidt and Green Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Outdoor Recreation and Tourism reported Senate Bill No. 1071, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40113a (MCL 324.40113a), as amended by 2014 PA 281, and by adding sections 43528d and 48714b. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Goeffrey M. Hansen Chairperson To Report Out: Yeas: Senators Hansen, Zorn, Schmidt and Green Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Outdoor Recreation and Tourism submitted the following: T Meeting held on Wednesday, October 19, 2016, at 12:30 p.m., Room 110, Farnum Building Present: Senators Hansen (C), Zorn, Schmidt, Green and Johnson 1738 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 The Committee on Appropriations reported Senate Bill No. 97, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 384 (MCL 18.1384), as amended by 1999 PA 8. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 1051, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21102 and 21104 (MCL 324.21102 and 324.21104). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 1052, entitled A bill to amend 1984 PA 44, entitled “Motor fuels quality act,” by amending section 6 (MCL 290.646), as amended by 2006 PA 271. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 1053, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21506a and 21508 (MCL 324.21506a and 324.21508), as amended by 2014 PA 416. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill was referred to the Committee of the Whole. No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1739 COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, October 19, 2016, at 2:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Excused: Senator Nofs The Committee on Regulatory Reform reported Senate Bill No. 26, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 105, 2501, 2502a, 2503, 2504, 2504a, 2505, 2506, 2509, 2510, 2512, and 2512d (MCL 339.105, 339.2501, 339.2502a, 339.2503, 339.2504, 339.2504a, 339.2505, 339.2506, 339.2509, 339.2510, 339.2512, and 339.2512d), section 105 as amended by 1988 PA 463, sections 2501 and 2512 as amended and section 2512d as added by 2008 PA 90, sections 2502a and 2504 as amended and section 2504a as added by 2014 PA 106, section 2503 as amended by 1990 PA 269, section 2505 as amended by 2003 PA 196, section 2506 as amended by 2011 PA 33, and section 2509 as amended by 1988 PA 16, and by adding sections 2502b, 2512e, 2512f, 2516, and 2516a. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Regulatory Reform reported Senate Bill No. 963, entitled A bill to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations in the skilled trades and to regulate persons and activities relative to those occupations; to create a board for each of those occupations; to establish the powers and duties of certain state and local governmental officers and entities, including the boards created under this act; to provide for the promulgation of rules; to provide for fees; to provide for penalties and civil fines; and to repeal acts and parts of acts. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Regulatory Reform reported Senate Bill No. 964, entitled A bill to amend 1917 PA 167, entitled “Housing law of Michigan,” by amending section 141c (MCL 125.541c), as added by 1992 PA 144. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson Nays: None The bill was referred to the Committee of the Whole. 1740 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 The Committee on Regulatory Reform reported Senate Bill No. 965, entitled A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending sections 2a, 8b, 9, 10, and 28 (MCL 125.1502a, 125.1508b, 125.1509, 125.1510, and 125.1528), sections 2a and 10 as amended by 2013 PA 125, section 8b as amended by 2006 PA 192, section 9 as added by 2012 PA 103, and section 28 as amended by 2014 PA 9. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Regulatory Reform reported Senate Bill No. 966, entitled A bill to amend 1987 PA 96, entitled “The mobile home commission act,” by amending section 25 (MCL 125.2325). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Regulatory Reform reported Senate Bill No. 967, entitled A bill to amend 1986 PA 135, entitled “Asbestos abatement contractors licensing act,” by amending section 207 (MCL 338.3207), as amended by 1998 PA 132. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Regulatory Reform reported Senate Bill No. 968, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 601, 2402, and 2403 (MCL 339.601, 339.2402, and 339.2403), section 601 as amended by 2008 PA 319, section 2402 as amended by 2007 PA 157, and section 2403 as amended by 1984 PA 191. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Regulatory Reform reported Senate Bill No. 969, entitled A bill to amend 1937 PA 306, entitled “An act to promote the safety, welfare, and educational interests of the people of the state of Michigan by regulating the construction, reconstruction, and remodeling of certain public or private school No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1741 buildings or additions to such buildings, by regulating the construction, reconstruction, and remodeling of buildings leased or acquired for school purposes, and to define the class of buildings affected by this act; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties for the violation of this act; and to repeal acts and parts of acts,” by amending section 1b (MCL 388.851b), as amended by 2006 PA 199. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Regulatory Reform reported Senate Bill No. 970, entitled A bill to amend 2002 PA 468, entitled “Joe Gagnon appliance repair act,” by amending section 2 (MCL 445.832). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Regulatory Reform reported Senate Bill No. 971, entitled A bill to amend 1980 PA 497, entitled “Construction lien act,” by amending section 114 (MCL 570.1114), as amended by 2006 PA 497. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Regulatory Reform reported Senate Bill No. 972, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2015 PA 184. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Regulatory Reform reported Senate Bill No. 1050, entitled A bill to amend 1986 PA 119, entitled “An act to regulate the business of buying or receiving used motor vehicle parts; to prescribe the powers and duties of certain state and local officers; and to provide penalties,” by amending sections 1 and 2 (MCL 257.1351 and 257.1352), as amended by 2016 PA 112. 1742 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 ith the recommendation that the substitute (S-1) be adopted and that the bill then pass. W The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Regulatory Reform submitted the following: T Meeting held on Wednesday, October 19, 2016, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Rocca (C), Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson The Committee on Families, Seniors and Human Services reported Senate Bill No. 923, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 136c (MCL 750.136c), as added by 2000 PA 205. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported Senate Bill No. 924, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 15f of chapter XVII (MCL 777.15f), as added by 2002 PA 206. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported Senate Bill No. 925, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 55 of chapter X (MCL 710.55), as added by 1994 PA 222. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported Senate Bill No. 926, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5103 (MCL 700.5103), as amended by 2004 PA 93. No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1743 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported Senate Bill No. 1041, entitled A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending section 24 (MCL 400.724). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported Senate Bill No. 1042, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 11c (MCL 400.11c), as added by 1982 PA 519. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported Senate Bill No. 1043, entitled A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 5 (MCL 722.625), as amended by 2004 PA 563. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported Senate Bill No. 1044, entitled A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 10 (MCL 722.120), as amended by 2006 PA 206. 1744 JOURNAL OF THE SENATE [October 20, 2016] [No. 68 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported Senate Bill No. 1090, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 1 of chapter XIIA (MCL 712A.1), as amended by 2014 PA 533. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported Senate Bill No. 1091, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 19a of chapter XIIA (MCL 712A.19a), as amended by 2012 PA 115. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported House Bill No. 4911, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending sections 36 and 56 of chapter X (MCL 710.36 and 710.56), section 36 as amended by 1996 PA 409 and section 56 as amended by 2014 PA 118. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones and Casperson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Families, Seniors and Human Services submitted the following: T Meeting held on Wednesday, October 19, 2016, at 3:00 p.m., Room 210, Farnum Building Present: Senators Emmons (C), Pavlov, Jones, Casperson and Johnson No. 68] [October 20, 2016] JOURNAL OF THE SENATE 1745 COMMITTEE ATTENDANCE REPORT he Subcommittee on K-12, School Aid, Education submitted the following: T Meeting held on Wednesday, October 19, 2016, at 8:30 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hansen (C), Pavlov and Hopgood enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 3:45 p.m. Pursuant to Senate Concurrent Resolution No. 32, the President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Wednesday, November 9, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1746 No. 69 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Wednesday, November 9, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—excused Horn—present Booher—present Hune—present Brandenburg—present Johnson—excused Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—excused Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—excused Zorn—present 1748 JOURNAL OF THE SENATE [November 9, 2016] [No. 69 astor Casey Arnouts of Grace Assembly of God of Fruitport offered the following invocation: P Lord, You crafted this morning’s sunrise, so we realize this Senate’s chamber does not impress You. But we are just human. We’re aware of the awesome responsibility this room represents. The deliberations and decisions of this chamber impact every living person in the state. That idea is big enough to give us pause and to have us stop and ask for Your help. So I ask that You would be with these Senators, Lord. They carry heavy burdens. They shoulder the charge of their constituents, and the influence of their party’s apparatus. They are barraged by interests and lobbies clamoring for attention. They’re driven by news cycles, battered through campaigns, and finally, they give an account to You, O Lord. They have voluntarily stepped into this daunting role and they occupy seats of incredible pressure, incredible responsibility, and incredible influence. So I ask that You would give them aid, God. Sustain a passion in their hearts for service to their Constitution and constituents. Grant them wisdom and foresight as they process information, craft laws, and take votes. Give them courage where it’s required, compassion where it’s wise, shield their hearts from the temptation of bitterness or vindictiveness that could rise in the rough and tumble world of politics. Guard their families, Lord, and keep these Senators grounded through those that are close. Bless their aides as they gather information and care for the constituents, the Sergeants at Arms who have to be here, even after a late election night. Help them, Lord, to follow the command of Scripture: to do kindness, love justice, and walk humbly before You. Be with our Senators, I pray. Help them as they walk in honor and integrity. Strengthen them so they may be a credit to their district, a blessing to the state, and pleasing to you, O Lord, the One strong enough and glorious enough to make the sunrise and near enough to give us aid. We ask this in the name of the Father, Son, and Holy Spirit. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Ananich and Hopgood entered the Senate Chamber. enator Kowall moved that Senator Brandenburg be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senator Green be excused from today’s session. S The motion prevailed. enator Hood moved that Senator Hertel be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Bieda, Johnson and Young be excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Ananich and Hansen admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. The following communications were received and read: Office of the Auditor General September 8, 2016 nclosed is a copy of the following performance audit: E • Commercial Vehicle Enforcement Division, Michigan Department of State Police. September 14, 2016 nclosed is a copy of the following follow-up report on prior audit recommendations: E • Adult Protective Services, Michigan Department of Health and Human Services. No. 69] [November 9, 2016] JOURNAL OF THE SENATE 1749 September 15, 2016 nclosed is a copy of the following financial audit including report on internal control, compliance, and other matters: E • Michigan Justice Training Fund, Michigan Commission on Law Enforcement Standards, Michigan Department of State Police, Fiscal Years Ended September 30, 2015 and September 30, 2014. nclosed is a copy of the following performance audit: E • Use of Transportation-Related Funding. nclosed is a copy of the following performance audit: E • Corporate Income Tax and Michigan Business Tax. September 20, 2016 September 21, 2016 October 26, 2016 nclosed is a copy of the following audits: E • Financial Audit Including Report on Internal Control, Compliance, and Other Matters of the Emergency 9-1-1 Fund, Michigan Department of State Police and Department of Treasury, Fiscal Years Ended September 30, 2015 and September 30, 2014. • Performance Audit Report on the Septage Waste, Campground, Public Swimming Pool, and Onsite Wastewater Programs, Office of Drinking Water and Municipal Assistance, Department of Environmental Quality, October 2016. November 1, 2016 nclosed is a copy of the following report: E • Preliminary survey summary of the Field Services System Operations Section, Michigan Department of Transportation. November 3, 2016 nclosed is a copy of the following reports: E • Performance audit report on the Parole Eligibility Consideration Process, Department of Corrections. • Performance audit report on the Michigan Medical Marihuana Program, Department of Licensing and Regulatory Affairs. Sincerely, Doug Ringler Auditor General The audit reports were referred to the Committee on Government Operations. The following communications were received: Department of State Administrative Rules Notices of Filing August 31, 2016 I n accordance with the provision of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-020-TP (Secretary of State Filing #16-08-09) on this date at 3:49 p.m. for the Department of Transportation entitled, “Railroads.” These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. September 8, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-023-LR (Secretary of State Filing #16-09-02) on this date at 3:55 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Unarmed Combat.” These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. 1750 JOURNAL OF THE SENATE [November 9, 2016] [No. 69 October 27, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Emergency Administrative Rule #2016-063-EQ (Secretary of State Filing #16-10-03) on this date at 4:03 p.m. for the Department of Environmental Quality entitled, “Establishment of Cleanup Criteria for 1, 4 – Dioxane.” These rules take effect upon filing with the Secretary of State and shall remain in effect for 6 months. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The Secretary announced the enrollment printing and presentation to the Governor on Thursday, October 27, for his approval the following bills: Enrolled Senate Bill No. 903 at 11:10 a.m. Enrolled Senate Bill No. 981 at 11:12 a.m. Enrolled Senate Bill No. 987 at 11:14 a.m. Enrolled Senate Bill No. 988 at 11:16 a.m. Enrolled Senate Bill No. 989 at 11:18 a.m. Enrolled Senate Bill No. 990 at 11:20 a.m. The Secretary announced that the following bills and joint resolution were printed and filed on Wednesday, October 19, and are available at the Michigan Legislature website: House Bill Nos. 5947 5948 5949 5950 5951 5952 5953 5954 5955 5956 5957 5958 5959 5960 5961 5962 5963 5964 5965 5966 5967 5968 5969 5970 5971 5972 5973 5974 5975 5976 5977 5978 5979 5980 5981 5982 5983 5984 5985 5986 5987 5988 5989 5990 5991 5992 5993 5994 5995 5996 5997 5998 5999 6000 6001 6002 6003 6004 6005 6006 6007 House Joint Resolution TT The Secretary announced that the following bills were printed and filed on Thursday, October 20, and are available at the Michigan Legislature website: Senate Bill Nos. 1126 1127 1128 1129 1130 1131 1132 1133 1134 1135 1136 1137 1138 1139 1140 1141 1142 1143 1144 1145 1146 1147 1148 1149 1150 1151 1153 1154 1155 Senators Robertson and Hood asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Robertson’s statement is as follows: Joining me in the Gallery today is a constituent of mine, my neighbor just down the street, his name is Eugene Burk and he is here with his wife, Catherine. They have been married for the past 24 years. Eugene is a veteran of the United States Army, and he served in Vietnam both in 1958 and when he was called back to duty in 1961. He is here today visiting the Capitol. We just had a wonderful lapel pinning ceremony in my colleague Senator Kowall’s office to honor him and another veteran. He is the Sergeant at Arms at the American Legion Post 413 in Grand Blanc and he is a lifetime member of the Disabled American Veterans in Burton. I ask my colleagues to join me in welcoming him and his wife to the Capitol today, and thanking him for his service to our country. enator Hood’s statement is as follows: S Though we celebrate our veterans daily, we are fortunate and grateful to have several veterans and guests here with us today in honor of Veterans’ Day this Friday. One of these veterans is U.S. Army veteran Fred Sawyer. Earlier this morning, I had the opportunity to meet with Mr. Sawyer and be there when he was pinned with the distinguished Vietnam Veteran lapel pin as an expression of our gratitude for his service to our great country. Mr. Sawyer served during the Vietnam War from July 1969 until July 1970. He was decorated with two meritorious unit citations—the Army Commendation Medal and a Purple Heart. All of these medals commemorate the bravery and selflessness he has given, his dedication to our country, and the sacrifices he has made on our behalf. He has put his life on the line to ensure that our freedoms as U.S. citizens stay intact. No. 69] [November 9, 2016] JOURNAL OF THE SENATE 1751 Today we express our deeply sincere gratitude for what he has done for our country and world. When Mr. Sawyer returned from the war, he used the G.I. Bill to take night classes at Eastern Michigan University, and after 11 years he earned a bachelor’s degree in business. To me, this shows a vital part of his character. He is not only dedicated to his country, but also to consistently improving his family and his community. He then worked for Ford Financial Services for 33 years, retiring in 2001. Mr. Sawyer deeply appreciates the support of his wife, Linda and his sons, Brad and Ryan, who he says have been invaluable over the years offering patience, kind words, and understanding. He joins us today in the Gallery with his wife Linda, son Ryan, and his very good friends Sharon, John, and Jerry. Please welcome Mr. Sawyer to the Senate, and thank him for his renowned service and all that he has done to serve and protect us, and give us the freedom that we deserve and that he defended for many years. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:12 a.m. 10:44 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator Brandenburg entered the Senate Chamber. Senator Kowall moved that a respectful message be sent to the House of Representatives requesting the return of the following bill: House Bill No. 5181 The motion prevailed. Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today: Senate Bill No. 1084 House Bill No. 5656 House Bill No. 5657 The motion prevailed, a majority of the members serving voting therefor. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Knollenberg as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 1089, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 710e (MCL 257.710e), as amended by 2008 PA 43. House Bill No. 5447, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 811e and 811h (MCL 257.811e and 257.811h), as amended by 2015 PA 78. Senate Bill No. 1084, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 698 (MCL 257.698), as amended by 2016 PA 161. 1752 JOURNAL OF THE SENATE [November 9, 2016] [No. 69 House Bill No. 5656, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 312j. House Bill No. 5657, entitled A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending section 55 (MCL 256.675). The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5215, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 70a. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Messages from the Governor The following messages from the Governor were received: Date: November 2, 2016 Time: 3:18 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 903 (Public Act No. 316), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 61703 and 61706 (MCL 324.61703 and 324.61706), as added by 1995 PA 57. (Filed with the Secretary of State on November 3, 2016, at 11:20 a.m.) Date: November 2, 2016 Time: 3:20 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 981 (Public Act No. 315), being An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 525 (MCL 436.1525), as amended by 2014 PA 353. (Filed with the Secretary of State on November 3, 2016, at 11:18 a.m.) Respectfully, Rick Snyder Governor No. 69] [November 9, 2016] JOURNAL OF THE SENATE 1753 The following message from the Governor was received on November 1, 2016, and read: EXECUTIVE ORDER No. 2016-20 Michigan Developmental Disabilities Council Department of Health and Human Services Rescission of Executive Order 2006-12 WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor unless otherwise provided by the Constitution; and WHEREAS, the state of Michigan recognizes a need to ensure that resources are developed, implemented, and coordinated to achieve the maximum impact on current and future needs of individuals with developmental disabilities and their families; and WHEREAS, development and implementation of needed services for individuals with developmental disabilities are ongoing responsibilities of the Department of Health and Human Services and other state departments and agencies, in collaboration with non-governmental agencies and resources; and WHEREAS, Executive Order 1977-3 established the Michigan State Planning Council for Developmental Disabilities; and WHEREAS, Executive Order 1984-13 established the Michigan Developmental Disabilities Council; and WHEREAS, Executive Order 2006-12 established a new Michigan Developmental Disabilities Council; and WHEREAS, Section 125 of the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, Public Law 106-402, 42 USC § 15025, requires that each state receiving funding establish and maintain a council to undertake advocacy, capacity building, and systematic change activities that contribute to a coordinated, consumer- and familycentered, consumer- and family-directed, comprehensive system of community services, individualized supports, and other forms of assistance beneficial for individuals with developmental disabilities; and WHEREAS, modification of this state’s council for developmental disabilities is necessary to reflect the current organizational structure of state government and to comply with federal law; NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I. DEFINITIONS As used in this Order: A. “Council” means the Michigan Developmental Disabilities Council re-created under this Order. B. “Department of Health and Human Services” or “Department” means the principal department of state government created under Executive Order 2015-4, MCL 400.227. C. “Developmental Disabilities Act” means the federal Developmental Disabilities Assistance and Bill of Rights Act of 2000, Public Law 106-402, as amended, 42 USC § 15001 to 15115. D. “State Developmental Disabilities Plan” means the state plan described under Section 124 of the Developmental Disabilities Act. II.  CREATION OF THE NEW MICHIGAN DEVELOPMENTAL DISABILITIES COUNCIL A. The Department shall continue to serve as the state agency designated to provide support to the Council on behalf of this state as provided under Sections 124 and 125(d) of the Developmental Disabilities Act. B. The Michigan Developmental Disabilities Council is created within the Department of Health and Human Services and shall be the state council on developmental disabilities required under Section 125 of the Developmental Disabilities Act. C. The Governor shall appoint the members of the Council. The members shall be appointed at the discretion of the Governor after recommendations are solicited from organizations representing a broad range of individuals with developmental disabilities and individuals interested in individuals with developmental disabilities, including, but not limited to, the members of the Council not employed by this state. The Council may, at the initiative of the Council or on the request of the Governor, coordinate Council and public input to the Governor regarding all recommendations. The members of the Council shall be geographically representative of this state and reflect the diversity of the state of Michigan with respect to race and ethnicity. D. The Council shall consist of 21 members appointed by the Governor, including all of the following: 1. An individual from the state agency that administers funds provided under the Rehabilitation Act of 1973 (29 USC § 701, et seq.); 1754 JOURNAL OF THE SENATE [November 9, 2016] [No. 69 2. An individual from the state agency that administers funds provided under the Individuals with Disabilities Education Act (20 USC § 1400, et seq.); 3. An individual from the state agency that administers funds provided under the Older Americans Act of 1965 (42 USC § 3001, et seq.); 4. An individual from the state agency that administers funds provided under Title V of the Social Security Act (42 USC § 701, et seq.); 5. An individual from the state agency that administers funds provided under Title XIX of the Social Security Act (42 USC § 1396, et seq.); 6. Not less than one (1) individual representing a university center for excellence in developmental disabilities education, research, and service with sufficient authority to engage in policy planning on behalf of the university center; 7. Not less than one (1) individual representing the protection and advocacy system in this state with sufficient authority to engage in policy planning and implementation; and 8. Not less than two (2) individuals representing local and non-governmental agencies and private nonprofit groups concerned with services for individuals with developmental disabilities in this state with sufficient authority to engage in policy planning and implementation on behalf of the agency or group. 9. Not less than one (1) individual with a developmental disability elected to the board of Self-Advocates of Michigan to represent self-advocates. E. Subject to Sections II.E. and II.F., not less than 60 percent of the members of the Council shall be individuals who are one or more of the following: 1. An individual with developmental disabilities. 2. A parent or guardian of a child with developmental disabilities. 3. An immediate relative or guardian of an adult with mentally impairing developmental disabilities who cannot advocate for himself or herself. F. Of the individuals described in Section II.E., all of the following shall apply: 1. Not less than one-third (1/3) of the individuals shall be individuals with developmental disabilities. 2. Not less than one-third (1/3) of the individuals shall be parents or guardians of an individual with developmental disabilities or immediate relatives or guardians of an adult with mentally impairing developmental disabilities who cannot advocate for himself or herself. 3. Not less than one-third (1/3) of the individuals shall be a combination of the individuals described in Section II.E. 4. If such an individual resides in this state, at least one of the individuals shall be an immediate relative or guardian of an individual with a developmental disability who previously resided in an institution or shall be an individual with a developmental disability who previously resided in an institution. G. An individual meeting the criteria established under Section II.E. shall not be any of the following: 1. An employee of a state department or agency that receives funds or provides services under Subtitle B of the Developmental Disabilities Act. 2. A managing employee as defined in Section 1126(b) of the Social Security Act, 42 USC § 1320a-5(b). 3. An employee of any other entity that receives funds or provides services under Subtitle B of the Developmental Disabilities Act. H. Of the members of the Council initially appointed under this Order, seven (7) members shall be appointed for terms expiring September 30, 2017, five (5) members shall be appointed for terms expiring September 30, 2018, five (5) members shall be appointed for terms expiring September 30, 2019, and five (5) members shall be appointed for terms expiring September 30, 2020. After the expiration of the initial terms, members of the Council shall be appointed for terms of four years. I. A member of the Council shall continue to serve until a successor is appointed and qualified. A vacancy on the Council occurring other than by expiration of a term shall be filled in the same manner as the original appointment for the balance of the unexpired term. J. The Council shall advise the Governor regarding the membership requirements of the Council and shall notify the Governor if a vacancy on the Council remains unfilled for more than 180 days. III.  CHARGE TO THE COUNCIL A. The Council shall undertake advocacy, capacity building, and systematic change activities, consistent with Sections 101(b) and 101(c) of the Developmental Disabilities Act that contribute to a coordinated, consumer- and familycentered, consumer- and family-directed, comprehensive system of community services, individualized supports, and other forms of assistance that contribute to the achievement of the purpose of Subtitle B of the Developmental Disabilities Act. B. The Council shall serve as an advocate for individuals with developmental disabilities and conduct or support programs, projects, and activities that carry out the purpose of Subtitle B of the Developmental Disabilities Act. C. At the end of each federal grant year, the Council shall: 1. Determine the extent to which each goal of the Council was achieved for the grant year. 2. Determine the extent to which each goal of the Council was not achieved and the factors that impeded the achievement. No. 69] [November 9, 2016] JOURNAL OF THE SENATE 1755 3. Determine needs that require amendment of the State Developmental Disabilities Plan. 4. Separately determine the information on the self-advocacy goal described in Section 124(c)(4)(A)(ii) of the Developmental Disabilities Act. 5. Determine customer satisfaction with activities supported or conducted by the Council. D. The Council shall continue to develop the State Developmental Disabilities Plan and submit the State Developmental Disabilities Plan to the Secretary of the United States Department of Health and Human Services after consultation with the Director of the Department of Health and Human Services. The consultation required by this paragraph shall be solely for the purpose of obtaining assurances from this state and ensuring consistency of the State Developmental Disabilities Plan with state law. E. The Council shall implement the State Developmental Disabilities Plan by conducting and supporting advocacy, capacity building, and systemic change activities, including, but not limited to, any of the following: 1. The Council may support and conduct outreach activities to identify individuals with developmental disabilities and their families who otherwise might not come to the attention of the Council and assist and enable the individuals and families to obtain services, individualized supports, and other forms of assistance, including access to special adaptation of generic community services or specialized services. 2. The Council may support and conduct training for individuals with developmental disabilities, their families, and personnel, including professionals, paraprofessionals, students, volunteers, and other community members, to enable such persons to obtain access to, or to provide, community services, individualized supports, and other forms of assistance, including special adaptation of generic community services or specialized services for individuals with developmental disabilities and their families. To the extent that the Council supports or conducts training activities under this paragraph, such activities shall contribute to the achievement of the purpose of Subtitle B of the Developmental Disabilities Act. 3. The Council may support and conduct technical assistance activities to assist public and private entities to contribute to the achievement of the purpose of Subtitle B of the Developmental Disabilities Act. 4. The Council may support and conduct activities to assist neighborhoods and communities to respond positively to individuals with developmental disabilities and their families by any of the following: a. Encouraging local networks to provide informal and formal supports. b. Education. c. Enabling neighborhoods and communities to offer individuals with developmental disabilities and their families access to, and use of, services, resources, and opportunities that lead to independence, community inclusion and productivity. 5. The Council may support and conduct activities to promote interdepartmental and interagency collaboration and coordination to better serve, support, assist, or advocate for individuals with developmental disabilities and their families. 6. The Council may support and conduct activities to enhance coordination of services with other councils, groups, entities, or committees, authorized by federal or state law concerning individuals with disabilities and other groups or entities as authorized under Section 125(c)(5)(G) of the Developmental Disabilities Act. 7. The Council may support and conduct activities to eliminate barriers to access and use of community services by individuals with developmental disabilities, enhance systems design and redesign, and enhance citizen participation to address issues identified in the State Developmental Disabilities Plan. 8. The Council may support and conduct activities to educate the public about the capabilities, preferences, and needs of individuals with developmental disabilities and their families and to develop and support coalitions that support the policy agenda of the Council, including training in self-advocacy, education of policymakers, and citizen leadership skills. 9. The Council may support and conduct activities to provide information to policymakers by supporting and conducting studies and analyses, gathering information, and developing and disseminating model policies and procedures, information, approaches, strategies, findings, conclusions, and recommendations. The Council may provide the information directly to federal, state, and local policymakers, including, but not limited to, Congress, the federal executive branch, the Governor, the Michigan Legislature, and state departments and agencies, in order to increase the ability of the policymakers to offer opportunities and to enhance or adapt generic services to meet the needs of, and provide specialized services to, individuals with developmental disabilities and their families. 10. The Council may support and conduct, on a time-limited basis, activities to demonstrate new approaches to serving individuals with developmental disabilities that are a part of an overall strategy for systemic change. The strategy may involve the education of policymakers and the public about how to deliver effectively, to individuals with developmental disabilities and their families, services, supports, and assistance that contribute to the achievement of the purpose of Subtitle B of the Developmental Disabilities Act. The Council may carry out this paragraph by supporting and conducting demonstration activities through sources of available funding other than funding provided under Subtitle B of the Developmental Disabilities Act, and by assisting entities conducting demonstration activities to develop strategies to secure funding from other sources. 11. The Council may support and conduct other advocacy, capacity building, and systemic change activities to promote the development of a coordinated, consumer- and family-centered, consumer- and family-directed, comprehensive system of community services, individualized supports, and other forms of assistance that contribute to the achievement of the purpose of Subtitle B of the Developmental Disabilities Act. 1756 JOURNAL OF THE SENATE [November 9, 2016] [No. 69 F. The Council shall periodically review the activities of the Department of Health and Human Services carried out under Subtitle B of the Developmental Disabilities Act and report any recommendations for change to the Governor. G. The Council shall annually prepare and transmit to the Secretary of the United States Department of Health and Human Services a report as required by Section 125(c)(7) of the Developmental Disabilities Act. H. The Council shall prepare, approve, and implement a budget using amounts paid to the state under Subtitle B of the Developmental Disabilities Act to fund and implement all programs, projects, and activities carried out under Subtitle B of the Developmental Disabilities Act, including all of the following, consistent with the requirements of state and federal law and Council policy: 1. Conducting hearings and forums as the Council determines necessary to carry out the duties of the Council. 2. Reimbursing members of the Council for reasonable and necessary expenses, including expenses for child care and personal assistance services, for attending Council meetings and performing Council duties. 3. Paying a stipend to a member of the Council, if the member is not employed or must forfeit wages from other employment to attend Council meetings or perform other Council duties. 4. Supporting Council members and staff travel to authorized training and technical assistance activities, including in-service training and leadership development activities. 5. Carrying out appropriate contracting and subcontracting activities. 6. Hiring and maintaining such numbers and types of staff, qualified by training and experience and obtaining the services of such professional, consulting, technical, and clerical staff, qualified by training and experience, as the Council determines to be necessary to carry out the functions of the Council under Subtitle B of the Developmental Disabilities Act, subject to applicable federal law and regulations of the Civil Service Commission. 7. Directing the expenditure of funds for grants, contracts, interagency agreements that are binding contracts, and other activities authorized by the State Developmental Disabilities Plan. I. The Council may participate in the planning, design, or redesign, and monitoring of quality assurance systems of this state that affect individuals with developmental disabilities. J. The Council also shall fulfill the functions and responsibilities determined by the Governor that are consistent with the Developmental Disabilities Act. IV.  OPERATIONS OF THE COUNCIL A. The Department of Health and Human Services shall provide necessary support services, including qualified staff, to permit the Council to fulfill its responsibilities. B. The Governor shall designate the Chairperson of the Council. C. The Council may select from among its members a Vice Chairperson. D. The Council shall, consistent with state law and applicable regulations of the Civil Service Commission, recruit and hire a Director of the Council if the position of Director becomes vacant, supervise the Director, and annually evaluate the Director. The Director of the Council shall hire, supervise, and annually evaluate the staff of the Council. Council recruitment, hiring, and dismissal of staff shall be conducted in a manner consistent with state and federal nondiscrimination laws and regulations, including applicable Civil Service Commission regulations. E. The staff and other personnel of the Council, while working for the Council, shall be responsible solely for assisting the Council in carrying out its duties, and shall not be assigned duties by the Department or any other entity of this state. F. The Department and the Council shall maintain a written Memorandum of Agreement to clarify the discharge of administrative responsibilities. G. The Council may establish committees and subcommittees, and request public participation on advisory groups or panels, including, but not limited to, regional coordinating councils serving as local forums for services coordination and problem resolution, as it deems necessary. The Council may adopt, reject, or modify recommendations made by committees, subcommittees, advisory groups, or panels. H. The Council may enter into agreements with state agencies and other providers of services for improvements in services for persons with disabilities. I. The Council shall conduct its business in accordance with the procedures established under the Open Meetings Act, 1976 PA 267, MCL 15.261 et seq. J. As required under Section 124(c)(5)(D) of the Developmental Disabilities Act, no member of the Council shall cast a vote on any matter that would provide direct financial benefit of the member or otherwise give the appearance of a conflict of interest. As required under Section 125(b)(4)(B) of the Developmental Disabilities Act, a member of the Council appointed under Sections II.E.4 to II.E.9 shall recuse himself or herself from any discussion of grants or contracts for which the member’s department, agency, or program is a grantee, contractor, or applicant. V. RESCISSION A. The Michigan Developmental Disabilities Council established by Executive Order 2006-12 is abolished. Executive Order 2006-12 is rescinded in its entirety. B. Executive Orders 1977-3 and 1984-13, rescinded by Executive Order 2006-12, remain rescinded in their entirety. VI. MISCELLANEOUS A. Nothing in this Order shall be construed to authorize the Council to direct, control, or exercise any policymaking authority or administrative authority over any program assisted under the federal Rehabilitation Act of 1973 or the federal Individuals with Disabilities Education Act. No. 69] [November 9, 2016] JOURNAL OF THE SENATE 1757 B. Any rules, orders, contracts, and agreements relating to the assigned functions lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended, or repealed. C. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected by this Order, shall not abate by reason of the taking effect of this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order. D. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper jurisdiction shall be severable from the remaining portions of this Order. This Order shall become effective upon filing. Given under my hand and the Great Seal of the state of [SEAL] Michigan this 1st day of November, in the Year of our Lord Two Thousand Sixteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. The following message from the Governor was received on November 3, 2016, and read: EXECUTIVE ORDER No. 2016-21 Building the 21st Century Economy Commission Executive Office of the Governor Amendment to Executive Order No. 2016-14 WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and WHEREAS, Section 4 of Article V of the Michigan Constitution of 1963 authorizes the establishment of temporary commissions or agencies for special purposes; and WHEREAS, under Section 1 of 1931 PA 195, MCL 10.51, the Governor may, at such times and for such purposes as the Governor deems necessary or advisable, create special advisory bodies consisting of as many members as the Governor deems appropriate; and WHEREAS, Section 17 of Article V of the Michigan Constitution of 1963 empowers the Governor to present to the Legislature information as to the affairs of the state and recommend measures that he considers necessary or desirable; and WHEREAS, Michigan’s economy has rebounded from the depths of the Great Recession, and businesses have created nearly 450,000 private sector jobs since December 2010, cutting our unemployment rate in half; and WHEREAS, Michigan is number one in the nation for manufacturing job growth, and the automotive industry set U.S. records for car sales in this country over the last year; and WHEREAS, Michigan’s economy is more productive than it has been in years, driven by the success of our big three industries – automotive, agriculture, and tourism; and WHEREAS, Michigan can be neither complacent nor content with our economic success, and must develop a strategy to build Michigan’s economy of the future that will strengthen our existing industries, encourage new industries to grow, and promote a culture of continuous innovation; and WHEREAS, Michigan must leverage our strengths in talent, natural resources, geography, and our education system, while supporting our existing industries; and WHEREAS, government can help create the environment for the state’s economy to flourish, and the brightest minds in Michigan’s leading industries can provide the direction to help guide the state’s economic future and create a culture of innovation; and WHEREAS, it is critical that the state of Michigan develop a comprehensive, coordinated, and effective long-term economic vision that guides planning, investment, and prioritization in Michigan; and WHEREAS, the Building the 21st Century Economy Commission was established by Executive Order 2016-14 on June 16, 2016, to advise and assist in matters relating to the assessment and development of a 21st Century Economy strategy and will be responsible for providing a full set of recommendations by June 30, 2017; 1758 JOURNAL OF THE SENATE [November 9, 2016] [No. 69 NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I. AMENDMENT A. Section I.B of Executive Order 2016-14 is amended to read as follows: B. The Commission shall be an independent and autonomous entity with the intent that its authority, powers, duties, and responsibilities be exercised free from the direction and supervision of the principal departments in the executive branch, and shall be composed of the twenty (20) members appointed as follows: 1. The Governor shall appoint eleven (11) voting members to the Commission serving at the pleasure of the Governor. 2. The following four (4) voting members: • One (1) member appointed by the Speaker of the House; • One (1) member appointed by the House Minority Leader; • One (1) member appointed by the Senate Majority Leader; and • One (1) member appointed by the Senate Minority Leader. 3. The following five (5) department or agency directors or their designee from within their respective department or agency who shall be non-voting, ex officio members: • The Department of Transportation; • The Department of Agriculture and Rural Development; • The Department of Talent and Economic Development; • The Department of Insurance and Financial Services; and • The Michigan Veterans Affairs Agency. B. A member of the Commission previously appointed and serving under section I.B.1 and I.B.2 of Executive Order 2016-14 shall continue under this Order as a member of the Commission. II. MISCELLANEOUS All other provisions of Executive Order 2016-14 not specifically amended by this Order shall remain unchanged. This Executive Order shall become effective upon filing. Given under my hand and the Great Seal of the state of [SEAL] Michigan this 3rd day of November, in the Year of our Lord Two Thousand Sixteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. The following message from the Governor was received on November 3, 2016, and read: EXECUTIVE ORDER No. 2016-22 State Employee Long-Term Disability Plan Employee Service Program Office of the State Employer Michigan Civil Service Commission Executive Reorganization WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the executive branch or in the assignment of functions among its units that the Governor considers necessary for efficient administration; and WHEREAS, the Office of State Employer currently administers the state’s long-term disability plan and employee service program; and WHEREAS, the Michigan Civil Service Commission currently administers all other benefit programs for employees in the state classified service; and No. 69] [November 9, 2016] JOURNAL OF THE SENATE 1759 WHEREAS, there is a continued need to reorganize functions among state agencies to ensure the efficient administration of state government; and WHEREAS, the long-term disability plan and employee service program may be more effectively and efficiently administered and coordinated within the Michigan Civil Service Commission; NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I. DEFINITIONS As used in this Order: A. “Michigan Civil Service Commission” means the commission created under Section 5 of Article XI of the Michigan Constitution of 1963. B. “Office of the State Employer” means the autonomous office created within the Department of Management and Budget under Executive Order 1979-5, whose duties include, but are not limited to, those assigned by Executive Orders 1979-5, 1981-3, 1988-6, 2002-18, 2004-31, 2007-30, 2008-22, and 2009-55. C. “State Budget Director” means the individual appointed by the Governor pursuant to Section 321 of the Management and Budget Act, 1984 PA 431, MCL 18.1321. II. TRANSFER All the authority, powers, duties, functions, and responsibilities of the Office of the State Employer related to administration of the state employee long-term disability plan and the employee service program are hereby transferred from the Office of the State Employer to the Michigan Civil Service Commission by Type II transfer, as defined by Section 3 of the Executive Organization Act, 1965 PA 380, MCL 16.103. The Office of the State Employer shall continue to exercise all other authority, powers, duties, functions, and responsibilities of the Office of the State Employer not transferred by this Order. III. IMPLEMENTATION A. The State Personnel Director, in cooperation with the Director of the Office of the State Employer, shall provide executive direction and supervision for implementing the transfer. B. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state’s financial management system. C. All records, personnel, property, and funds of the long-term disability plan and employee service program used, held, employed, available to, or to be made available to the Office of the State Employer for the powers, duties, functions, and responsibilities transferred by this Order are hereby transferred to the Michigan Civil Service Commission. D. All rules, orders, contracts, agreements, or other obligations relating to the long-term disability plan and employee service program lawfully adopted before the effective date of this Order shall continue to be effective until revised, amended, or repealed. E. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected by this Order shall not abate by reason of the taken effect of this Order. F. Nothing contained in this Order shall diminish or limit the authority of the Michigan Civil Service Commission to exercise any authority granted to it under Article XI, Section 5 of the Constitution of the state of Michigan of 1963. In fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, this Order shall be effective 60 calendar days after the beginning of the next regular legislative session after the filing of this Order. Given under my hand and the Great Seal of the state of Michigan this 3rd day of November, in the Year of our Lord [SEAL] Two Thousand Sixteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. The following messages from the Governor were received and read: October 10, 2016 I respectfully submit to the Senate the following appointment to office: Local Community Stabilization Authority Council David Keenan of 4760 Stephen Court, Auburn, Michigan 48611, county of Bay, succeeding himself, is reappointed for a term expiring September 3, 2022. October 14, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Board of Acupuncture Anne Biris of 3527 Edgewood Drive, Ann Arbor, Michigan 48104, county of Washtenaw, representing acupuncturists, succeeding Roseann Emanuale, is appointed for a term expiring June 30, 2020. 1760 JOURNAL OF THE SENATE [November 9, 2016] [No. 69 October 14, 2016 lease be advised of the following appointments to office: P Early Childhood Investment Corporation Judy M. Freeman of 425 Cambridge Boulevard, S.E., East Grand Rapids, Michigan 49506, county of Kent, succeeding Melissa Cragg, is appointed for a term expiring July 22, 2020. Carol Paine-McGovern of 2445 Hall Street, S.E., Grand Rapids, Michigan 49506, county of Kent, succeeding Lew Chamberlin, is appointed for a term expiring July 22, 2020. October 14, 2016 lease be advised of the following appointment to office: P State Fire Safety Board Julie Bulson of 1908 8th Street, N.W., Grand Rapids, Michigan 49504, county of Kent, representing hospital administrations, succeeding Usamah Mossallam, is appointed for a term expiring July 15, 2020. October 14, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Pharmacy and Therapeutics Committee Jayne E. Courts of 7071 Placid Pointe Court, S.E., Caledonia, Michigan 49316, county of Kent, representing physicians, succeeding Louis Cannon, is appointed for a term expiring October 1, 2018. Andrew Mac of 9055 McClumpha Road, Plymouth, Michigan 48170, county of Wayne, representing pharmacists, succeeding himself, is reappointed for a term expiring October 1, 2018. Brian J. Peltz of 26532 Lawrence Drive, Dearborn Heights, Michigan 48127, county of Wayne, representing pharmacists, succeeding himself, is reappointed for a term expiring October 1, 2018. Venkat K. Rao of 11706 Kings Colony Road, Grand Blanc, Michigan 48439, county of Genesee, representing physicians, succeeding Tina Tanner, is appointed for a term expiring October 1, 2018. Bradley J. Uren of 8115 Pettysville Road, Pinckney, Michigan 48169, county of Livingston, representing physicians, succeeding Keith Getz, is appointed for a term expiring October 1, 2017. October 14, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Board of Respiratory Care Jonathan M. Vono of 4331 Sandy Creek Drive, Shelby Township, Michigan 48316, county of Oceana, representing respiratory therapists, succeeding Debra Dix, is appointed for a term expiring December 31, 2017. October 14, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Soybean Promotion Committee Steven J. Koeman of 5760 136th Avenue, Hamilton, Michigan 49419, county of Allegan, representing District 7, succeeding himself, is reappointed for a term expiring September 23, 2019. Robert A. Moore of 6498 S. Gratiot Road, Bannister, Michigan 48807, county of Clinton, representing District 6, succeeding George Zmitko, is appointed for a term expiring September 23, 2019. October 14, 2016 I respectfully submit to the Senate the following appointments to office: Utility Consumer Participation Board Paul N. Isely of 358 Glenhaven Avenue, N.W., Grand Rapids, Michigan 49504, county of Kent, succeeding himself, is reappointed for a term expiring January 13, 2017. James MacInnes of 4751 Arbutus Lane, Beulah, Michigan 49617, county of Benzie, succeeding himself, is reappointed for a term expiring January 13, 2017. Samuel Passmore of 557 Allison Drive, Ann Arbor, Michigan 48103, county of Washtenaw, succeeding Ryan Dinkgrave, is appointed for a term expiring January 13, 2017. Brian G. Vilmont of 3060 Three Mile Road, N.E., Grand Rapids, Michigan 49525, county of Kent, succeeding Conan Smith, is appointed for a term expiring January 13, 2017. October 21, 2016 I respectfully submit to the Senate the following appointment to office: Emergency Manager - Highland Park School District Kevin A. Smith of 19275 Burlington Drive, Detroit, Michigan 48203, county of Wayne, succeeding Steven M. Schiller, is appointed to serve for a term effective October 21, 2016. No. 69] [November 9, 2016] JOURNAL OF THE SENATE 1761 October 21, 2016 I respectfully submit to the Senate the following appointment to office: Utility Consumer Participation Board Susan L. Haroutunian of 14926 Rosemont Drive, Detroit, Michigan 48223, county of Wayne, representing a qualified person submitted by the Attorney General, succeeding herself, is reappointed for a term expiring January 13, 2017. October 26, 2016 I respectfully submit to the Senate the following appointment to office: Committee on Juvenile Justice Michelle M. Jackson of 2803 Carnnarsie Drive, Lansing, Michigan 48916, county of Ingham, representing persons who have been, or are currently, involved in a juvenile justice program and are under the age of 24 at the time of appointment, succeeding Melissa Baldwin, is appointed for a term expiring December 31, 2017. October 27, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Finance Authority Board of Directors Donald H. Gilmer of 7021 N. 46 Street, Augusta, Michigan 49012, county of Kalamazoo, representing Republicans and residents of this state with experience in natural resources and environmental issues relating to public finance, succeeding himself, is reappointed for a term expiring September 30, 2020. October 27, 2016 I respectfully submit to the Senate the following appointments to office: Chair - Port Authority Advisory Committee Paul C. LaMarre of 3490 Lakeshore Drive, Newport, Michigan 48166, county of Monroe, is appointed for a term expiring at the pleasure of the Governor. ort Authority Advisory Committee P Kyle T. Burleson of 1694 Newcastle Drive, Grosse Pointe Woods, Michigan 48236, county of Wayne, nominee of the Senate Majority Leader, is appointed for a term expiring at the pleasure of the Governor. Erin L. Kuhn of 3735 Farmwood Drive, Norton Shores, Michigan 49441, county of Muskegon, representing the Southwest area of the state, is appointed for a term expiring at the pleasure of the Governor. Paul C. LaMarre of 3490 Lakeshore Drive, Newport, Michigan 48166, county of Monroe, representing the Southeast area of the state, is appointed for a term expiring at the pleasure of the Governor. Paul F. Rogers of 1391 Covington Lane, Alpena, Michigan 49707, county of Alpena, nominee of the Speaker of the House, is appointed for a term expiring at the pleasure of the Governor. Paul Strpko of 16629 Garfield Road, Big Rapids, Michigan 49307, county of Mecosta, representing interests of the aggregate supply community, is appointed for a term expiring at the pleasure of the Governor. Gabriel T. Schneider of 5119 Silver Cove Drive, Traverse City, Michigan 49685, county of Grand Traverse, representing the Northern Lower Peninsula of the state, is appointed for a term expiring at the pleasure of the Governor. Charles L. Squires of 55 Auch Street, Sebewaing, Michigan 48759, county of Huron, representing the interests of the agricultural business supply and handling industry, is appointed for a term expiring at the pleasure of the Governor. William Vadja of 701 Horizons Drive, Marquette, Michigan 49855, county of Marquette, representing the Upper Penin­ sula of the state, is appointed for a term expiring at the pleasure of the Governor. Rodney A. Stokes of 3957 Sierra Heights, Holt, Michigan 48842, county of Ingham, representing the thumb area or mid-state area of the state, is appointed for a term expiring at the pleasure of the Governor. November 2, 2016 I respectfully submit to the Senate the following appointment: Executive Director – Michigan Women’s Commission Mary L. Engelman of 2268 Somerset Drive, Bloomfield Township, Michigan 48302, county of Oakland, is appointed for a term commencing November 7, 2016, and expiring at the pleasure of the Governor. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. The following messages from the Governor were received and read: October 21, 2016 ue to an error on the letter dated October 17, 2016 and filed with your office on October 17, 2016, please be advised D of the following corrections appearing in bold print. 1762 JOURNAL OF THE SENATE [November 9, 2016] [No. 69 hair - Building 21st Century Economy Commission C Santanu K. Baruah of 70 Middlesex Road, Grosse Pointe Park, Michigan 48230, county of Wayne, is appointed for a term expiring at the pleasure of the Governor. uilding 21st Century Economy Commission B Santanu K. Baruah of 70 Middlesex Road, Grosse Pointe Park, Michigan 48230, county of Wayne, is appointed for a term expiring at the pleasure of the Governor. JoAnn T. Crary of 8 Trillium Court, Frankenmuth, Michigan 48734, county of Saginaw, is appointed for a term expiring at the pleasure of the Governor. Kathi Dobies of 30522 Georgetown Avenue, Beverly Hills, Michigan 48025, county of Oakland, is appointed for a term expiring at the pleasure of the Governor. James Holcomb of 1505 Downing Street, Haslett, Michigan 48840, county of Ingham, is appointed for a term expiring at the pleasure of the Governor. Joseph J. Lauer of 600 Suffield Avenue, Birmingham, Michigan 48009, county of Oakland, is appointed for a term expiring at the pleasure of the Governor Jason McCormack of 9321 Lewis Road, Portland, Michigan 48875, county of Ionia, is appointed for a term expiring at the pleasure of the Governor. Timothy J. Nelson of 307 Knollwood Drive, Traverse City, Michigan 49686, county of Grand Traverse, is appointed for a term expiring at the pleasure of the Governor. Sandra E. Pierce of 15348 Bay Hill Drive, Northville, Michigan 48168, county of Wayne, is appointed for a term expiring at the pleasure of the Governor. Thomas C. Pleger of 803 N Campus Ct., Sault Ste. Marie, Michigan 49783, county of Chippewa, is appointed for a term expiring at the pleasure of the Governor. Nedda N. Shayota of 780 Vaughan Road, Bloomfield Hills, Michigan 48304, county of Oakland, is appointed for a term expiring at the pleasure of the Governor. Jessica A. Tyson of 2180 44th St., Kentwood, Michigan 49508, county of Kent, is appointed for a term expiring at the pleasure of the Governor. October 21, 2016 ue to an error on the letter dated October 14, 2016, and filed with your office on October 21, 2016, please be advised D of the following corrections appearing in bold print. Health Endowment Fund Board Lynn A. Alexander of 2092 Eagle Pointe, Bloomfield Hills, Michigan 48304, county of Oakland, representing the interest of senior citizens, succeeding herself, is reappointed for a term expiring October 1, 2020. James Murray of 2746 Coreopsis Court, Okemos, Michigan 48864, county of Ingham, Senate Majority Leader nominee, succeeding himself, is reappointed for a term expiring October 1, 2020. Michael E. Williams of 8194 St. Johns Drive, Westland, Michigan 48185, county of Calhoun, representing the interest of minor children, succeeding himself, is reappointed for a term expiring October 1, 2020. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator Hansen introduced Senate Bill No. 1152, entitled A bill to amend 2007 PA 106, entitled “Public employees health benefit act,” by amending section 9 (MCL 124.79). The bill was read a first and second time by title and referred to the Committee on Insurance. Senator Knollenberg introduced Senate Bill No. 1156, entitled A bill to amend 2014 PA 86, entitled “Local community stabilization authority act,” by amending sections 13 and 16a (MCL 123.1353 and 123.1356a), section 13 as amended by 2015 PA 122. The bill was read a first and second time by title and referred to the Committee on Local Government. No. 69] [November 9, 2016] JOURNAL OF THE SENATE 1763 Senator Warren introduced Senate Bill No. 1157, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding part 149. The bill was read a first and second time by title and referred to the Committee on Transportation. Senator Bieda introduced Senate Bill No. 1158, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7413 (MCL 333.7413), as amended by 1988 PA 144. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Bieda introduced Senate Bill No. 1159, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34 (MCL 791.234), as amended by 2010 PA 353. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Bieda introduced Senate Bill No. 1160, entitled A bill to amend 1911 PA 209, entitled “An act to adopt and prescribe the design of a state coat-of-arms and state flag, and their use; to prohibit the use of the same for advertising purposes; to prescribe standards for the manufacture, sale, and display of certain flags of the United States and the state flag; and to prescribe the powers and duties of certain state agencies and officials,” by amending the title and section 3 (MCL 2.23), the title as amended by 2012 PA 167, and by adding section 3a. The bill was read a first and second time by title and referred to the Committee on Government Operations. Senator Bieda introduced Senate Bill No. 1161, entitled A bill to amend 1974 PA 154, entitled “Michigan occupational safety and health act,” by amending section 61 (MCL 408.1061), as amended by 2015 PA 199. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. By unanimous consent the Senate returned to the order of Messages from the Governor The following message from the Governor was received and read: INSURANCE; HEALTH INSURANCE CLAIMS ASSESSMENT RATE STATE FINANCING AND MANAGEMENT; HEALTH SERVICES FUND USE TAX; ASSESSMENT OF TAX ON CERTAIN MEDICAL SERVICES INDIVIDUAL INCOME TAX; EARMARK FOR MEDICAID FEDERAL MATCH October 27, 2016 oday I am returning Enrolled Senate Bills 987-990, without signature. Together, these bills would re-establish the 6% T use tax on the state’s Medicaid managed care organizations and dedicate the revenue for non-Medicaid purposes, dedicate other General Fund revenues for Medicaid match purposes, and accelerate the sunset on the Health Insurance Claims Assessment (HICA) from July 1, 2020 to December 31, 2018. This legislation would sunset HICA 18 months earlier than the extension that just passed the Legislature earlier this year, regardless of any potential action by the federal government related to the provisions of SB 987-990. I am also very concerned that the federal government would not recognize this tax structure as an eligible Medicaid matching fund source, putting at risk federal funding for critical state programs and putting our state budget out of balance. 1764 JOURNAL OF THE SENATE [November 9, 2016] [No. 69 I appreciate the Legislature’s attempt to develop a more desirable mechanism than HICA for meeting our federal Medicaid matching requirements, and I look forward to continued discussions. However, I cannot lend my signature to this legislation as written. Sincerely, Rick Snyder Governor These bills were returned from the Governor on October 27, 2016, at 1:58 p.m. The question being on the passage of the bills, the objections of the Governor to the contrary notwithstanding, Senator Kowall moved that the veto message be referred to the Committee on Government Operations. The motion prevailed. By unanimous consent the Senate proceeded to the order of Statements Senator Hertel entered the Senate Chamber. Senator Hood asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Hood’s statement is as follows: Every day there are men and women out there that will come to our need in a time of crisis, emergency, and in life and death situations. These men and women are our emergency responders and law enforcement officers, and without them our world would be a very difficult place. As I’ve said before and I will say again, they risk their lives so that our safety can be preserved. They run into danger when we as citizens want to run away from it. Sometimes, these brave men and women put themselves on the line and they don’t come back. They pay the ultimate sacrifice to ensure we are safe. One of these men was Detroit Police Officer Myron Jarrett who went to work on October 28 and did not make it home after his shift. The death of Police Office Myron Jarrett is nothing short of tragic. Officer Jarrett was entering his patrol car as he and his partner were preparing to leave the scene of an investigation. A van traveling at a high rate of speed struck Officer Jarrett and his patrol car and several other vehicles before stopping a short distance away. This just goes to show you that our emergency responders and law enforcement officers are always at risk. Officer Jarrett was assigned to the Detroit 12th Precinct and had served on the Detroit police force for eight years. He was only 40 years old. He was respected not only by the people he worked with but also the people who he served. Officer Jarrett is survived by his wife and four children. He made the greatest sacrifice of all by giving his life to protect our community, to keep people out of harm’s way. My most heartfelt sympathies and prayers to the family, friends, and coworkers of Officer Jarrett. A moment of silence was observed in memory of Detroit Police Officer Myron Jarrett. Committee Reports The Committee on Transportation reported Senate Bill No. 1084, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 698 (MCL 257.698), as amended by 2016 PA 161. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill was referred to the Committee of the Whole. No. 69] [November 9, 2016] JOURNAL OF THE SENATE 1765 The Committee on Transportation reported Senate Bill No. 1120, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 25a and 31 (MCL 257.25a and 257.31), section 25a as added by 1984 PA 328. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill was referred to the Committee of the Whole. The Committee on Transportation reported House Bill No. 5656, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 312j. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill was referred to the Committee of the Whole. The Committee on Transportation reported House Bill No. 5657, entitled A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending section 55 (MCL 256.675). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, October 20, 2016, at 8:00 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood Scheduled Meetings Economic Development and International Investment - Thurs­day, November 10, 1:30 p.m., Room 210, Farnum Build­ing (373-5323) Local Government - Thurs­day, November 10, 12:30 p.m., Room 100, Farnum Build­ing (373-5312) Transportation - Thurs­day, November 10, 8:30 a.m., Room 210, Farnum Build­ing (373-5312) 1766 JOURNAL OF THE SENATE [November 9, 2016] [No. 69 Veterans, Military Affairs and Homeland Security - Thurs­day, November 10, 9:00 a.m., Harry T. Gast Appro­pria­tions Room, 3rd Floor, Capitol Build­ing (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:01 a.m. The President, Lieutenant Governor Calley, declared the Senate adjourned until Thursday, November 10, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 70 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Thursday, November 10, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Hopgood—present Bieda—present Horn—present Booher—present Hune—present Brandenburg—present Johnson—present Casperson—present Jones—present Colbeck—present Knezek—present Emmons—present Knollenberg—present Green—present Kowall—present Gregory—present MacGregor—present Hansen—present Marleau—present Hertel—present Meekhof—present Hildenbrand—present Nofs—present Hood—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 1768 JOURNAL OF THE SENATE [November 10, 2016] [No. 70 astor Rosalinda Hernandez of I Am Ministries of Lansing offered the following invocation: P Father, we thank You for this time. We ask You to bless our time here together. We ask, Father, for You to protect our city, our state, and our nation. We ask You, God, to be with our military and to protect those that protect our country. And we pray most of all God, for peace here in our city, in our nation, and within the government and within the people that establish the laws here in our city, Father. We thank You for it. In Jesus’ name I pray. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Knollenberg and Nofs entered the Senate Chamber. enator Kowall moved that Senators Hansen, Hildenbrand and Schmidt be temporarily excused from today’s session. S The motion prevailed. enator Hood moved that Senators Ananich and Johnson be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Meekhof admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Senator Meekhof asked and was granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Meekhof’s first statement is as follows: I think it’s important as we go through this journey the staff members that help us do a great job here in the Michigan Senate and we have the privilege today of honoring one of those folks. Jan Thompson is retiring after 21 years working for the Michigan Senate. During her time, she has worked as a resolutions clerk, a journal clerk, and most notably as a bill clerk. As a bill clerk, she managed the House and Senate bills throughout the legislative process as well as maintained the daily calendar for the Senate. Jan has been a tireless worker and shown true devotion to her job, to the Michigan Senate, to us whom she serves, and the people of Michigan. She and her husband Dave will be missed and she’ll be missed by her co-workers, and they’re planning to spend their retirement at their cabin on Lake Huron enjoying the beautiful sunrises. I would like the members to rise and thank Jan for her service to the state of Michigan. enator Meekhof’s second statement is as follows: S It’s a privilege to honor one of the members of my staff and someone who has served this body so well. If you could see the overwhelming amount of cuteness back here, it’s just really quite something and I think all of us agree that we work to make the future better for these young people right here, and their mom has done some incredible work and I want to mention a few things about that. Today I rise to recognize a member of my staff and wish her well as she moves on to the next chapter in her career. In this era of term limits, legislative staff people are a source of institutional knowledge and great insight, and Jennifer Dettloff is no exception to that. As Senate Majority Counsel, Jennifer is regarded as knowledgeable, friendly, assertive, and determined. Jennifer began her career in the Legislature in 2004 after graduation from Michigan State University. Jennifer’s first position was in the office of Representative Sandy Caul. From there, she was hired as legislative assistant for thenRepresentative David Hildenbrand, and Representative Hildenbrand later promoted her to chief of staff. In 2010, Jennifer successfully completed her juris doctorate degree from Thomas M. Cooley Law School. Jennifer continued in the role of chief of staff for Senator Hildenbrand when he was first elected to the Senate, and later transitioned to deputy majority counsel. Jennifer has served as majority counsel for two majority leaders: Senator Richardville and myself. Jennifer is always willing to be part of a team, to offer her opinion, and to pass on her experience to her colleagues. Today, we have on the floor Jen’s husband, Rob Snyder, and the triplets—you’re going to have to tell us which one is which—William, Jack, and Madelyn. I guess we can figure out who Madelyn is. Please join me in thanking Jen for her service, for the work for the Legislature that she’s been so helpful with and wish her well as she moves on to a new opportunity. No. 70] [November 10, 2016] JOURNAL OF THE SENATE 1769 Senators Hansen, Hildenbrand, Ananich and Schmidt entered the Senate Chamber. The Secretary announced that the following bills were printed and filed on Wednesday, November 9, and are available at the Michigan Legislature website: Senate Bill Nos. 1152 1156 1157 1158 1159 1160 1161 House Bill Nos. 6008 6009 6010 6011 6012 6013 6014 6015 6016 6017 6018 6019 6020 6021 6022 6023 6024 6025 6026 6027 6028 6029 6030 6031 6032 6033 6034 6035 6036 6037 6038 By unanimous consent the Senate proceeded to the order of Messages from the House The House of Representatives returned, in accordance with the request of the Senate House Bill No. 5181, entitled A bill to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 2a of chapter IV (MCL 764.2a), as amended by 2002 PA 483. Senator Kowall moved that rule 3.311 be suspended to permit reconsideration of the vote by which the bill was passed. The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved to reconsider the vote by which the bill was passed. The motion prevailed, a majority of the members serving voting therefor. The bill was placed on the order of Third Reading of Bills. By unanimous consent the Senate proceeded to the order of Third Reading of Bills Senator Kowall moved that the following bill be placed at the head of the Third Reading of Bills calendar: House Bill No. 5181 The motion prevailed. The following bill was announced: House Bill No. 5181, entitled A bill to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide 1770 JOURNAL OF THE SENATE [November 10, 2016] [No. 70 for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 2a of chapter IV (MCL 764.2a), as amended by 2002 PA 483. The question being on the passage of the bill, Senator Hildenbrand offered the following amendments: 1. Amend page 3, line 11, after “110” by inserting “OR A REGIONAL AUTHORITY CREATED UNDER SECTION 139”. 2. Amend page 3, line 12, after “MCL 259.110” by inserting “AND 259.139”. The amendments were adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 617 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hood Casperson Hopgood Colbeck Horn Emmons Hune Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—1 Johnson Not Voting—0 In The Chair: President Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:24 a.m. 2:31 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senator Johnson entered the Senate Chamber. No. 70] [November 10, 2016] JOURNAL OF THE SENATE 1771 By unanimous consent the Senate returned to the order of Messages from the Governor The following message from the Governor was received and read: October 14, 2016 I respectfully submit to the Senate the following appointment to office: Commission on Community Action and Economic Opportunity Gregg P. Iddings of 4853 Waynick Drive, Britton, Michigan 49229, county of Lenawee, representing elected public officials, succeeding himself, is reappointed for a term expiring June 21, 2019. Sincerely, Rick Snyder Governor The appointment was referred to the Committee on Government Operations. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 885, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 545 (MCL 436.1545), as added by 2010 PA 213. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 597, entitled A bill relating to certain trusts; to provide for the powers and procedures of the court that has jurisdiction of certain trusts; to provide for the validity and effect of certain transfers and contracts that relate to certain trusts; to provide remedies; and to provide procedures to facilitate enforcement of certain trusts. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 618 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 1772 JOURNAL OF THE SENATE [November 10, 2016] [No. 70 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 995, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 2b, 204a, 602b, 643, 643a, and 665 (MCL 257.2b, 257.204a, 257.602b, 257.643, 257.643a, and 257.665), sections 2b and 665 as added, section 204a as amended by 2004 PA 362, and section 602b as amended by 2013 PA 231, and by adding sections 40c, 606b, and 665a; and to repeal acts and parts of acts. The House of Representatives has substituted (H-4) the bill. The House of Representatives has passed the bill as substituted (H-4), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 2b, 204a, 602b, 643, 643a, and 665 (MCL 257.2b, 257.204a, 257.602b, 257.643, 257.643a, and 257.665), sections 2b and 665 as added and section 602 as amended by 2013 PA 231 and section 204a as amended by 2004 PA 362, and by adding sections 40c, 606b, and 665a; and to repeal acts and parts of acts. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 619 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen No. 70] [November 10, 2016] JOURNAL OF THE SENATE 1773 Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 996, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 665b. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 620 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. 1774 JOURNAL OF THE SENATE [November 10, 2016] [No. 70 Senate Bill No. 997, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 2b and 601a (MCL 257.2b and 257.601a), section 2b as added by 2013 PA 231 and section 601a as amended by 2011 PA 115, and by adding section 665a. The House of Representatives has substituted (H-4) the bill. The House of Representatives has passed the bill as substituted (H-4), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 601a (MCL 257.601a), as amended by 2011 PA 115. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 621 Ananich Bieda Booher Casperson Colbeck Emmons Green Gregory Hansen Yeas—35 Hertel Kowall Rocca Hildenbrand MacGregor Schmidt Hood Marleau Schuitmaker Hopgood Meekhof Shirkey Horn Nofs Stamas Hune O’Brien Warren Johnson Pavlov Young Jones Proos Zorn Knollenberg Robertson Nays—0 Excused—0 Not Voting—2 Brandenburg Knezek In The Chair: Schuitmaker enator Kowall moved to reconsider the vote by which the House substitute was concurred in. S The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: No. 70] Roll Call No. 622 [November 10, 2016] JOURNAL OF THE SENATE 1775 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 998, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2949b (MCL 600.2949b), as added by 2013 PA 251. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate returned to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 1089 House Bill No. 5215 Senate Bill No. 1084 House Bill No. 5656 House Bill No. 5657 House Bill No. 5447 The motion prevailed. The following bill was read a third time: Senate Bill No. 1089, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 710e (MCL 257.710e), as amended by 2008 PA 43. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1776 JOURNAL OF THE SENATE [November 10, 2016] Roll Call No. 623 [No. 70 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5215, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 70a. The question being on the passage of the bill, Senator Bieda offered the following amendment: 1. Amend page 1, line 5, after “COLLAR” by inserting “OR A MICROCHIP”. The amendment was adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 624 Yeas—36 Ananich Hansen Knezek Proos Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Rocca Brandenburg Hood MacGregor Schmidt Casperson Hopgood Marleau Schuitmaker Colbeck Horn Meekhof Stamas Emmons Hune Nofs Warren Green Johnson O’Brien Young Gregory Jones Pavlov Zorn Nays—1 Shirkey No. 70] [November 10, 2016] JOURNAL OF THE SENATE 1777 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 1084, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 698 (MCL 257.698), as amended by 2016 PA 161. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 625 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5656, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” (MCL 257.1 to 257.923) by adding section 312j. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1778 Roll Call No. 626 JOURNAL OF THE SENATE [November 10, 2016] [No. 70 Yeas—37 Ananich Hertel Knollenberg Robertson Bieda Hildenbrand Kowall Rocca Booher Hood MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5657, entitled A bill to amend 2006 PA 384, entitled “Driver education provider and instructor act,” by amending section 55 (MCL 256.675). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 627 Ananich Bieda Booher Yeas—37 Hertel Knollenberg Robertson Hildenbrand Kowall Rocca Hood MacGregor Schmidt No. 70] [November 10, 2016] JOURNAL OF THE SENATE 1779 Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Emmons Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Nays—0 Excused—0 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the certification of driver education providers; to prescribe certain record-keeping and program requirements for driver education providers; to provide for the certification of driver education instructors; to prescribe the powers and duties of certain persons and departments; to prescribe certain fees; to establish a fund in the state treasury; to prescribe remedies, sanctions, and penalties; and to rescind administrative rules,”. The Senate agreed to the full title. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. ouse Concurrent Resolution No. 27. H A concurrent resolution prescribing the legislative schedule. Resolved by the House of Representatives (the Senate concurring), That when the House of Representatives adjourns on Thursday, November 10, 2016, it stands adjourned until Tuesday, November 29, 2016, at 1:30 p.m.; and be it further Resolved, That when the Senate adjourns on Thursday, November 10, 2016, it stands adjourned until Tuesday, November 29, 2016, at 10:00 a.m. The House of Representatives has adopted the concurrent resolution. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The concurrent resolution was adopted. Senators Booher, Brandenburg, Hansen, Jones, Knollenberg, Marleau, Proos and Zorn were named co‑sponsors of the concurrent resolution. enator Casperson offered the following resolution: S Senate Resolution No. 219. A resolution to recognize November 2016 as Epilepsy Awareness Month. Whereas, Epilepsy is a neurological disorder where the brain’s normal electrical pattern is disrupted by sudden and synchronized bursts of electrical energy that may affect consciousness, movement, or sensation, while creating long-term effects on the lifestyle of individuals with epilepsy; and 1780 JOURNAL OF THE SENATE [November 10, 2016] [No. 70 hereas, 1 in 26 people will develop epilepsy and 150,000 new cases of epilepsy are diagnosed each year; and W Whereas, Epilepsy affects between 2.2-3 million people in the United States, and 65 million people worldwide; and Whereas, Epilepsy is a complex neurological disorder that results in almost one-third of epilepsy patients living with uncontrolled seizures due to a lack of clinically available treatment that works for them; and Whereas, The complexity of this disorder requires further research to find a cure and additional treatments for epilepsy patients; and Whereas, Epilepsy Awareness Month is recognized each November to increase awareness of the disorder, highlight the need for further research, and demonstrate support for the millions of people living with epilepsy in the United States; and Whereas, The state of Michigan joins the Epilepsy Foundation and other interested agencies and organizations in urging patients, supporters, health care providers, and the general public to share information about this disease and available treatments; giving hope of a better future for people with epilepsy; now, therefore, be it Resolved by the Senate, That we hereby recognize the month of November 2016 as Epilepsy Awareness Month in Michigan and commend its observance to all citizens; and be it further Resolved, That a copy of this resolution be transmitted to UCB Pharmaceuticals as evidence of our esteem. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Booher, Brandenburg, Hansen, Jones, Knollenberg, Marleau and Zorn were named co‑sponsors of the resolution. Introduction and Referral of Bills Senator Brandenburg introduced Senate Bill No. 1162, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 680 (MCL 206.680), as amended by 2012 PA 70. The bill was read a first and second time by title and referred to the Committee on Finance. Senator Brandenburg introduced Senate Bill No. 1163, entitled A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 117, 500, and 505 (MCL 208.1117, 208.1500, and 208.1505), section 117 as amended by 2011 PA 292, section 500 as amended by 2013 PA 233, and section 505 as amended by 2011 PA 305. The bill was read a first and second time by title and referred to the Committee on Finance. Senator Colbeck introduced Senate Bill No. 1164, entitled A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending section 10a (MCL 460.10a), as amended by 2008 PA 286; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Energy and Technology. No. 70] [November 10, 2016] JOURNAL OF THE SENATE 1781 Senator Colbeck introduced Senate Bill No. 1165, entitled A bill to create the Michigan parental choice in education program; to provide for education savings accounts; to prescribe the powers and duties of certain state agencies, boards, and departments; to allow certain tax credits or deductions; and to provide for penalties and remedies. The bill was read a first and second time by title and referred to the Committee on Education. Senator Colbeck introduced Senate Bill No. 1166, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 6, 20, 22a, 31a, 41, 51a, 56, 61a, 62, 81, and 101 (MCL 388.1606, 388.1620, 388.1622a, 388.1631a, 388.1641, 388.1651a, 388.1656, 388.1661a, 388.1662, 388.1681, and 388.1701), sections 6, 22a, 31a, 41, 51a, 56, 62, 81, and 101 as amended by 2016 PA 249 and sections 20 and 61a as amended by 2016 PA 313, and by adding section 22e; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Education. Senator Colbeck introduced Senate Bill No. 1167, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 625a, 681, 705, 1211, 1611, 1612, 1613, and 1724a (MCL 380.625a, 380.681, 380.705, 380.1211, 380.1611, 380.1612, 380.1613, and 380.1724a), section 625a as added by 1994 PA 258, section 681 as amended by 2007 PA 45, section 705 as amended by 2016 PA 192, section 1211 as amended by 2012 PA 285, sections 1611 and 1612 as amended and section 1613 as added by 1982 PA 333, and section 1724a as amended by 2004 PA 415, and by adding section 1210; and to repeal acts and parts of acts. The bill was read a first and second time by title and referred to the Committee on Education. Senator Colbeck introduced Senate Bill No. 1168, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2015 PA 161. The bill was read a first and second time by title and referred to the Committee on Education. Senator Colbeck introduced Senate Bill No. 1169, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending sections 43, 44a, 51, and 52 (MCL 211.43, 211.44a, 211.51, and 211.52), section 43 as amended by 1994 PA 253, section 44a as amended by 2012 PA 184, and section 51 as amended by 2012 PA 57. The bill was read a first and second time by title and referred to the Committee on Education. Senator Jones introduced Senate Bill No. 1170, entitled A bill to amend 1985 PA 176, entitled “Child identification and protection act,” by amending sections 2 and 4 (MCL 722.772 and 722.774). The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Jones introduced Senate Bill No. 1171, entitled A bill to amend 1935 PA 120, entitled “An act to prescribe a method for the fingerprinting of residents of the state; to provide for the recording and filing of the fingerprints by the central records division of the department of state police; and to impose a fee,” by amending section 1 (MCL 28.271), as amended by 1985 PA 175, and by adding section 4. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Horn, Shirkey, MacGregor, Stamas and Proos introduced Senate Bill No. 1172, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 3f (MCL 205.93f), as amended by 2014 PA 161. The bill was read a first and second time by title and referred to the Committee on Michigan Competitiveness. 1782 JOURNAL OF THE SENATE [November 10, 2016] [No. 70 Senator Hopgood introduced Senate Bill No. 1173, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 21720a (MCL 333.21720a). The bill was read a first and second time by title and referred to the Committee on Health Policy. Senator Hopgood introduced Senate Bill No. 1174, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20104 (MCL 333.20104), as amended by 2015 PA 155, and by adding section 20174. The bill was read a first and second time by title and referred to the Committee on Health Policy. Senator Jones introduced Senate Bill No. 1175, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7401 (MCL 333.7401), as amended by 2012 PA 183. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Shirkey introduced Senate Bill No. 1176, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2016 PA 126. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senator Pavlov introduced Senate Bill No. 1177, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 147 (MCL 388.1747), as amended by 2016 PA 249. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Pavlov introduced Senate Bill No. 1178, entitled A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending section 20m (MCL 38.1140m), as amended by 2014 PA 185. The bill was read a first and second time by title and referred to the Committee on Appropriations. Senator Green introduced Senate Bill No. 1179, entitled A bill to amend 1941 PA 207, entitled “Fire prevention code,” by amending section 5d (MCL 29.5d), as amended by 2006 PA 189. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 3:27 p.m. 4:05 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. No. 70] [November 10, 2016] JOURNAL OF THE SENATE 1783 By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Schmidt as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 438, entitled A bill to amend 2008 PA 295, entitled “Clean, renewable, and efficient energy act,” by amending the title, the headings of subparts B and C of part 2 and the heading of part 5, and sections 1, 3, 5, 7, 9, 11, 13, 29, 39, 41, 45, 47, 49, 71, 73, 75, 77, 81, 83, 85, 87, 89, 91, 93, 95, 97, 113, 173, 175, 177, and 179 (MCL 460.1001, 460.1003, 460.1005, 460.1007, 460.1009, 460.1011, 460.1013, 460.1029, 460.1039, 460.1041, 460.1045, 460.1047, 460.1049, 460.1071, 460.1073, 460.1075, 460.1077, 460.1081, 460.1083, 460.1085, 460.1087, 460.1089, 460.1091, 460.1093, 460.1095, 460.1097, 460.1113, 460.1173, 460.1175, 460.1177, and 460.1179), section 29 as amended by 2008 PA 295, section 93 as amended by 2010 PA 269, and by adding subpart B to part 2, sections 22, 28, 78, 99, 183, and 185, and part 7; and to repeal acts and parts of acts. Substitute (S-7). The following are the amendments to the substitute recommended by the Committee of the Whole: 1. Amend page 19, line 8, after “SUPPLIERS” by striking out “AND COOPERATIVE UTILITIES”. 2. Amend page 19, line 10, after “FOR” by inserting “COOPERATIVE ELECTRIC UTILITIES AND”. 3. Amend page 20, line 7, after “(5)” by striking out “THE” and inserting “FOR AN ELECTRIC PROVIDER WHOSE RATES ARE REGULATED BY THE COMMISSION, THE”. 4. Amend page 20, line 7, after “APPROVE” by striking out “AN ELECTRIC PROVIDER’S” and inserting “THE”. 5. Amend page 20, line 21, after “PORTFOLIO” by striking out the balance of the subsection and inserting: “AS FOLLOWS: (A) IN 2016 THROUGH 2018, A RENEWABLE ENERGY CREDIT PORTFOLIO THAT CONSISTS OF AT LEAST THE SAME NUMBER OF RENEWABLE ENERGY CREDITS AS WERE REQUIRED UNDER FORMER SECTION 27. (B) IN 2019 THROUGH 2021, A RENEWABLE ENERGY CREDIT PORTFOLIO OF AT LEAST 12.5%, AS CALCULATED UNDER SUBSECTION (2). (C) IN 2021, A RENEWABLE ENERGY CREDIT PORTFOLIO OF AT LEAST 15%, AS CALCULATED UNDER SUBSECTION (2).”. 6. Amend page 22, following line 5, by inserting: “Sec. 29. (1) Subject to subsection (2), a renewable energy system that is the source of renewable energy credits used to satisfy the renewable energy standards shall be either located outside of this state in the retail electric customer service territory of any provider that is not an alternative electric supplier or located anywhere in this state. For the purposes of this subsection, a retail electric customer service territory shall be considered to be the territory recognized by the commission on January 1, 2008 and any expansion of retail electric customer service territory recognized by the commission after January 1, 2008 under 1939 PA 3, MCL 460.1 to 460.10cc. 460.11. The commission may also expand a service territory for the purposes of this subsection if a lack of transmission lines limits the ability to obtain sufficient renewable energy from renewable energy systems that meet the location requirement of this subsection. (2) The renewable energy system location requirements in subsection (1) do not apply if 1 or more of the following requirements are met: (a) The renewable energy system is a wind energy conversion system and the electricity generated by the wind energy system, or the renewable energy credits associated with that electricity, is being purchased under a contract in effect on January 1, 2008. If the electricity and associated renewable energy credits purchased under such a contract are used by an electric provider to meet renewable energy requirements established after January 1, 2008 by the legislature of the state in which the wind energy conversion system is located, the electric provider may, for the purpose of meeting the renewable energy credit standard under this act, obtain, by any means authorized under FORMER section 27, up to the same number of replacement renewable energy credits from any other wind energy conversion systems located in that state. This subdivision shall not be utilized by an alternative electric supplier unless the alternative electric supplier was licensed in this state on January 1, 2008. Renewable energy credits from a renewable energy system under a contract with an alternative electric supplier under this subdivision shall not be used by another electric provider to meet its requirements under this part. (b) The renewable energy system is a wind energy conversion system that was under construction or operational and owned by an electric provider on January 1, 2008. This subdivision shall not be utilized by an alternative electric supplier. 1784 JOURNAL OF THE SENATE [November 10, 2016] [No. 70 (c) The renewable energy system is a wind energy conversion system that includes multiple wind turbines, at least 1 of the wind turbines meets the location requirements of this section, and the remaining wind turbines are within 15 miles of a wind turbine that is part of that wind energy conversion system and that meets the location requirements of this section. (d) Before January 1, 2008, an electric provider serving not more than 75,000 retail electric customers in this state filed an application for a certificate of authority for the renewable energy system with a state regulatory commission in another state that is also served by the electric provider. However, renewable energy credits shall not be granted under this subdivision for electricity generated using more than 10.0 megawatts of nameplate capacity of the renewable energy system. (e) Electricity generated from the renewable energy system is sold by a not-for-profit entity located in Indiana, OHIO, or Wisconsin to a municipally-owned electric utility in this state or cooperative electric utility in this state, under a contract in effect on January 1, 2008, and the electricity is not being used to meet another state’s standard for renewable energy. (f) Electricity generated from the renewable energy system is sold by a not-for-profit entity located in Ohio to a municipally-owned electric utility in this state under a contract approved by resolution of the governing body of the municipally-owned electric utility by January 1, 2008, and the electricity is not being used to meet another state’s standard for renewable energy. However, renewable energy credits shall not be granted for electricity generated using more than 13.4 megawatts of nameplate capacity of the renewable energy system. (F) (g) All of the following requirements are met: (i) The renewable energy system is a wind energy system, is interconnected to the electric provider’s transmission system, and is located in a state in which the electric provider has service territory. (ii) The electric provider competitively bid any contract for engineering, procurement, or construction of the renewable energy system, if the electric provider owns the renewable energy system, or for purchase of the renewable energy and associated renewable energy credits from the renewable energy system, if the provider does not own the renewable energy system, in a process open to renewable energy systems sited in this state. (iii) The renewable energy credits from the renewable energy system are only used by that electric provider to meet the renewable energy standard. (iv) The electric provider is not an alternative electric supplier. (3) Advanced cleaner energy systems that are the source of the advanced cleaner energy credits used under FORMER section 27 shall be either located outside this state in the service territory of any electric provider that is not an alternative electric supplier or located anywhere in this state.”. 7. Amend page 24, line 15, after “PROVIDER” by inserting “WHOSE RATES ARE REGULATED BY THE COMMISSION”. 8. Amend page 64, line 17, after “PROVIDERS” by inserting “WHOSE RATES ARE REGULATED BY THE COMMISSION AND”. 9. Amend page 84, line 27, by striking out all of enacting section 1 and inserting: “Enacting section 1. Sections 21, 23, 25, 27, 31, 33, 37, 43, 51, 53, 79, and 155 of the clean, renewable, and efficient energy act, 2008 PA 295, MCL 460.1021, 460.1023, 460.1025, 460.1027, 460.1031, 460.1033, 460.1037, 460.1043, 460.1051, 460.1053, 460.1079, and 460.1155, are repealed.”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 437, entitled A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending the title and sections 6a, 6j, 6k, 6l, 6m, 6s, 10, 10a, 10c, 10f, 10p, 10r, 10t, 10dd, and 11 (MCL 460.6a, 460.6j, 460.6k, 460.6l, 460.6m, 460.6s, 460.10, 460.10a, 460.10c, 460.10f, 460.10p, 460.10r, 460.10t, 460.10dd, and 460.11), the title as amended by 2005 PA 190, sections 6a, 10, 10a, 10p, and 10r as amended and sections 6s and 10dd as added by 2008 PA 286, section 6j as amended by 1987 PA 81, section 6k as added by 1982 PA 304, section 6l as amended and sections 10c, 10f, and 10t as added by 2000 PA 141, section 6m as amended by 2014 No. 70] [November 10, 2016] JOURNAL OF THE SENATE 1785 PA 170, and section 11 as amended by 2014 PA 169, and by adding sections 6t, 6u, 6v, 6w, 6x, 6y, 10ee, and 10ff; and to repeal acts and parts of acts. Substitute (S-7). The following are the amendments to the substitute recommended by the Committee of the Whole: 1. Amend page 8, line 23, by striking out “retaining” and inserting “SERVING”. 2. Amend page 9, line 5, after “them” by striking out “to cease using” and inserting “NOT TO USE”. 3. Amend page 15, line 14, after “SHALL” by inserting “BY DECEMBER 1, 2017,”. 4. Amend page 16, line 9, after “460.1211,” by striking out the balance of the line through “6T” on line 10 and inserting “BEFORE THE DATE THAT THE COMMISSION ESTABLISHES A GRID CHARGE UNDER THIS SUBSECTION”. 5. Amend page 62, line 25, by striking out “2019” and inserting “2022”. 6. Amend page 62, line 27, after “LEAST” by striking out “14%” and inserting “15%”. 7. Amend page 81, line 25, after “RESOURCE” by inserting a comma and “THAT MAY INCLUDE A RESOURCE ACQUIRED THROUGH A 3-YEAR CAPACITY AUCTION,”. 8. Amend page 82, line 15, after “RESOURCE” by inserting a comma and “THAT MAY INCLUDE A RESOURCE ACQUIRED THROUGH A 3-YEAR CAPACITY AUCTION,”. 9. Amend page 83, line 7, after “RESOURCE” by inserting a comma and “THAT MAY INCLUDE A RESOURCE ACQUIRED THROUGH A 3-YEAR CAPACITY AUCTION,”. 10. Amend page 83, line 11, after the first “OF” by striking out “THE COST OF NEW ENTRY” and inserting “AN AUCTION PRICE RELATED TO A CAPACITY DEFICIENCY”. 11. Amend page 83, line 24, after “RIGHTS” by striking out the balance of the line through “REQUIREMENT” on line 26 and inserting “TO SUFFICIENT DEDICATED AND FIRM ELECTRIC CAPACITY”. 12. Amend page 83, line 24, after “RESOURCE” by inserting a comma and “THAT MAY INCLUDE A RESOURCE ACQUIRED THROUGH A 3-YEAR CAPACITY AUCTION,”. 13. Amend page 84, line 10, by striking out “ELECTRIC PROVIDER” and inserting “ALTERNATIVE ELECTRIC SUPPLIER”. 14. Amend page 84, line 13, after “10A(1)(I).” by inserting “AN ELECTRIC PROVIDER MAY MEET THE REQUIREMENTS OF THIS SUBDIVISION THROUGH ANY RESOURCE THAT THE APPROPRIATE INDEPENDENT SYSTEM OPERATOR ALLOWS TO QUALIFY FOR MEETING THE LOCAL CLEARING REQUIREMENT.”. 15. Amend page 89, line 18, after “COMMISSION” by striking out “MAY, IF NECESSARY,” and inserting “SHALL”. 16. Amend page 89, line 26, after “OR” by striking out the balance of the subdivision and inserting “IS A RESOURCE, THAT MAY INCLUDE A RESOURCE ACQUIRED THROUGH A 3-YEAR CAPACITY AUCTION, THAT THE APPROPRIATE INDEPENDENT SYSTEM OPERATOR ALLOWS TO QUALIFY FOR MEETING THE LOCAL CLEARING REQUIREMENT.”. 17. Amend page 103, line 21, after “ASSESSED.” by striking out the balance of the line through “(H).” on line 25 and inserting “THE GENERATION CAPACITY CHARGE ESTABLISHED UNDER THIS SUBDIVISION SHALL BE THE SAME FOR ALTERNATIVE ELECTRIC SUPPLIER SERVICE CUSTOMERS AS THE GENERATION CAPACITY CHARGE FOR CUSTOMERS ON STANDARD TARIFF SERVICE.”. 18. Amend page 104, line 7, after “DETERMINING” by striking out the balance of the line through “COSTS” on line 9 and inserting “THE GENERATION CAPACITY CHARGE UNDER THIS SUBDIVISION”. 19. Amend page 105, following line 18, by inserting: “(l) PROVIDE THAT THE COMMISSION SHALL ENSURE IF A CUSTOMER IS NOTIFIED THAT THE CUSTOMER’S SERVICE FROM AN ALTERNATIVE ELECTRIC SUPPLIER WILL BE TERMINATED OR RESTRICTED EITHER UNDER SECTION 6W(2)(F) OR OTHERWISE AS A RESULT OF THE ALTERNATIVE ELECTRIC SUPPLIER LIMITING SERVICE IN THIS STATE, THE CUSTOMER HAS 60 DAYS TO ACQUIRE SERVICE FROM A DIFFERENT ALTERNATIVE ELECTRIC SUPPLIER. IF THE CUSTOMER IS A PUBLIC ENTITY, THE TIME TO ACQUIRE SERVICES FROM A DIFFERENT ALTERNATIVE ELECTRIC SUPPLIER SHALL NOT BE LESS THAN 180 DAYS.” and relettering the remaining subdivision. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: Senate Bill No. 438 Senate Bill No. 437 The motion prevailed, a majority of the members serving voting therefor. 1786 JOURNAL OF THE SENATE [November 10, 2016] [No. 70 The following bill was read a third time: Senate Bill No. 438, entitled A bill to amend 2008 PA 295, entitled “Clean, renewable, and efficient energy act,” by amending the title, the headings of subparts B and C of part 2 and the heading of part 5, and sections 1, 3, 5, 7, 9, 11, 13, 29, 39, 41, 45, 47, 49, 71, 73, 75, 77, 81, 83, 85, 87, 89, 91, 93, 95, 97, 113, 173, 175, 177, and 179 (MCL 460.1001, 460.1003, 460.1005, 460.1007, 460.1009, 460.1011, 460.1013, 460.1029, 460.1039, 460.1041, 460.1045, 460.1047, 460.1049, 460.1071, 460.1073, 460.1075, 460.1077, 460.1081, 460.1083, 460.1085, 460.1087, 460.1089, 460.1091, 460.1093, 460.1095, 460.1097, 460.1113, 460.1173, 460.1175, 460.1177, and 460.1179), section 93 as amended by 2010 PA 269, and by adding subpart B to part 2, sections 22, 28, 78, 99, 183, and 185, and part 7; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 628 Yeas—26 Ananich Horn Marleau Schmidt Bieda Hune Meekhof Schuitmaker Booher Johnson Nofs Stamas Brandenburg Jones O’Brien Warren Gregory Knezek Proos Young Hertel Knollenberg Rocca Zorn Hopgood Kowall Nays—10 Casperson Colbeck Emmons Green MacGregor Robertson Hansen Pavlov Shirkey Hildenbrand Excused—0 Not Voting—1 Hood In The Chair: Schuitmaker enator Proos offered to amend the title to read as follows: S A bill to amend 2008 PA 295, entitled “Clean, renewable, and efficient energy act,” by amending the title, the headings of subparts B and C of part 2 and the heading of part 5, and sections 1, 3, 5, 7, 9, 11, 13, 29, 39, 41, 45, 47, 49, 71, 73, 75, 77, 81, 83, 85, 87, 89, 91, 93, 95, 97, 113, 173, 175, 177, and 179 (MCL 460.1001, 460.1003, 460.1005, 460.1007, 460.1009, 460.1011, 460.1013, 460.1029, 460.1039, 460.1041, 460.1045, 460.1047, 460.1049, 460.1071, 460.1073, 460.1075, 460.1077, 460.1081, 460.1083, 460.1085, 460.1087, 460.1089, 460.1091, 460.1093, 460.1095, 460.1097, 460.1113, 460.1173, 460.1175, 460.1177, and 460.1179), section 29 as amended by 2008 PA 295, section 93 as amended by 2010 PA 269, and by adding subpart B to part 2, sections 22, 28, 78, 99, 183, and 185, and part 7; and to repeal acts and parts of acts. The amendment to the title was adopted. The Senate agreed to the title as amended. No. 70] [November 10, 2016] JOURNAL OF THE SENATE 1787 The following bill was read a third time: Senate Bill No. 437, entitled A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending the title and sections 6a, 6j, 6k, 6l, 6m, 6s, 10, 10a, 10c, 10f, 10p, 10r, 10t, 10dd, and 11 (MCL 460.6a, 460.6j, 460.6k, 460.6l, 460.6m, 460.6s, 460.10, 460.10a, 460.10c, 460.10f, 460.10p, 460.10r, 460.10t, 460.10dd, and 460.11), the title as amended by 2005 PA 190, sections 6a, 10, 10a, 10p, and 10r as amended and sections 6s and 10dd as added by 2008 PA 286, section 6j as amended by 1987 PA 81, section 6k as added by 1982 PA 304, section 6l as amended and sections 10c, 10f, and 10t as added by 2000 PA 141, section 6m as amended by 2014 PA 170, and section 11 as amended by 2014 PA 169, and by adding sections 6t, 6u, 6v, 6w, 6x, 6y, 10ee, and 10ff; and to repeal acts and parts of acts. The question being on the passage of the bill, Senator Colbeck offered the following amendment: 1. Amend page 140, following line 21, by inserting: “SEC. 10GG. (1) A UTILITY CUSTOMER MAY CHOOSE BETWEEN THE PLACEMENT OR USE OF A TRADITIONAL METER OR AN ADVANCED METER REGARDLESS OF THE UTILITY THAT PROVIDES SERVICE TO THAT CUSTOMER. (2) A UTILITY SHALL NOT DO ANY OF THE FOLLOWING: (A) MAKE THE PROVISION OF ANY PORTION OF UTILITY SERVICE TO A CUSTOMER CONTINGENT UPON THE CUSTOMER’S RECEIVING SERVICE THROUGH ANY METER OR SIMILAR DEVICE OTHER THAN A TRADITIONAL METER. A UTILITY MAY PROHIBIT A CUSTOMER WITH A TRADITIONAL METER FROM PARTICIPATING IN CERTAIN TIME-OF-DAY TARIFF DISCOUNTS. (B) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, IMPOSE ANY FEE OR DISINCENTIVE ON A CUSTOMER FOR OPTING OUT OF OR NOT ACCEPTING THE INSTALLATION OF AN ADVANCED METER OR HUB METER OR USE OF AN ADVANCED METER FUNCTION. (C) INSTALL AN ADVANCED METER OR UPGRADE THE FUNCTIONALITY OF THE ADVANCED METER AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SECTION UNLESS THE CUSTOMER HAS BEEN PROPERLY NOTIFIED AND HAS NOT OPTED OUT OF THE INSTALLATION OR NEW FUNCTIONALITY. IF A CUSTOMER HAS NOT OPTED OUT OF THE INSTALLATION, AN ON-SITE UTILITY WORKER OR HIS OR HER AGENT SHALL NEVERTHELESS NOT INSTALL AN ADVANCED METER OR UPGRADE THE FUNCTIONALITY OF THE ADVANCED METER IF THE CUSTOMER HAS POSTED A SIGN ON THE CURRENT METER FORBIDDING INSTALLATION OF AN ADVANCED METER OR THE CUSTOMER VERBALLY INFORMS THE WORKER AT THE TIME OF INSTALLATION NOT TO INSTALL THE ADVANCED METER OR ADDITIONAL FUNCTIONALITY. (3) A UTILITY SHALL NOTIFY A CUSTOMER IN WRITING OF THE UTILITY’S INTENTION TO INSTALL AN ADVANCED METER AT THE CUSTOMER’S ADDRESS OR TO UPGRADE THE FUNCTIONALITY OF A PREVIOUSLY INSTALLED ADVANCED METER. THE NOTICE SHALL BE SENT BY FIRST-CLASS MAIL, AND SHALL BE SEPARATE FROM ANY BILLING MAILING. THE UTILITY SHALL KEEP A COPY OF EACH MAILED NOTICE ON FILE FOR REVIEW BY THE CUSTOMER OR THE COMMISSION. EACH NOTICE SHALL DO ALL OF THE FOLLOWING: (A) INCLUDE THE CUSTOMER’S NAME, SERVICE ADDRESS, AND ANTICIPATED DATE OF INSTALLATION. (B) STATE THE UTILITY’S DESIRE TO INSTALL AN ADVANCED METER AT THE CUSTOMER’S ADDRESS, AS WELL AS THE FUNCTIONALITY OF THE ADVANCED METER, ITS METHOD OF COMMUNICATION, AND FREQUENCY OF DATA COMMUNICATION. (C) IF THE ADVANCED METER THE CUSTOMER WOULD BE RECEIVING IS A HUB METER, EXPLAIN HOW A HUB METER DIFFERS FROM OTHER METERS. (D) STATE THE CUSTOMER’S ABILITY TO CHOOSE A TRADITIONAL METER OR NONHUB METER AND THE CUSTOMER’S RIGHTS UNDER THIS SECTION. 1788 JOURNAL OF THE SENATE [November 10, 2016] [No. 70 (E) CLEARLY EXPLAIN THE PROCESS FOR A CUSTOMER TO OPT OUT OF INSTALLATION OF AN ADVANCED METER OR HUB METER OR THE USE OF AN ADVANCED METER FUNCTION. (4) THE COMMISSION MAY PROMULGATE OPT-OUT PROCEDURES THAT SHALL BE COMPOSED OF SIMPLE, EASY-TO-UNDERSTAND STEPS THAT AN AVERAGE CUSTOMER CAN EASILY UNDERSTAND THAT DO NOT PLACE ANY UNDUE BURDEN ON THE CUSTOMER. AFTER BEING NOTIFIED THAT THEY CAN OPT OUT, CUSTOMERS MUST BE PROVIDED WITH AT LEAST 45 DAYS TO COMMUNICATE WITH THE UTILITY THEIR DESIRE TO OPT OUT, WITH A CLEAR DEADLINE LISTED ON THE NOTICE. OPT-OUT PROCEDURES SHALL BE FREE OF CHARGE OTHER THAN THE COST OF REGULAR MAILING. AN OPT-OUT PROCEDURE OR PROCESS SHALL BE NARROW IN CONSTRUCTION SO AS TO INFORM THE UTILITY OF THE CUSTOMER’S INTENTIONS AND NOT BE MADE CONTINGENT UPON OR CONTAIN LANGUAGE THAT WOULD REQUIRE THE CUSTOMER’S GIVING UP ANY RIGHTS OR MAKING ANY OTHER ANCILLARY AGREEMENTS. A CUSTOMER THAT DOES NOT OPT OUT WHEN FIRST NOTIFIED DOES NOT GIVE UP ANY RIGHTS REGARDING HAVING AN ADVANCED METER REMOVED IN THE FUTURE. (5) WITHIN 30 DAYS AFTER RECEIVING A CUSTOMER’S REQUEST THAT AN ADVANCED METER BE REMOVED FROM THE CUSTOMER’S RESIDENCE OR BUSINESS, A UTILITY SHALL REMOVE THE ADVANCED METER AND REPLACE IT WITH A TRADITIONAL METER THAT IS NOT AN ADVANCED METER. LIMITED TO ACTUAL COSTS, A UTILITY MAY CHARGE A 1-TIME ALL-INCLUSIVE FEE, NOT TO EXCEED $150.00, TO REMOVE THE ADVANCED METER AND TO PROVIDE AND INSTALL A TRADITIONAL METER. HOWEVER, A UTILITY SHALL NOT CHARGE A FEE IF THE UTILITY INSTALLED THE ADVANCED METER IN VIOLATION OF THE NOTICE REQUIREMENTS IN THIS SECTION OR BEFORE THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SECTION. A UTILITY SHALL NOT CHARGE A MONTHLY FEE FOR USING A TRADITIONAL METER UNLESS THE CUSTOMER IS OFFERED THE OPPORTUNITY, BUT IS UNWILLING, TO READ AND REPORT THE CUSTOMER’S USAGE UNDER SUBSECTION (6). ANY MONTHLY FEE FOR USING A TRADITIONAL METER SHALL NOT EXCEED $5.00 PER MONTH. (6) A UTILITY SHALL ALLOW EACH CUSTOMER TO READ AND REPORT THAT CUSTOMER’S SERVICE USAGE IF THE CUSTOMER REPORTS REASONABLY ACCURATE USAGE ON A REGULAR BASIS. A UTILITY SHALL PROVIDE A CUSTOMER WITH A PREADDRESSED ENVELOPE AND FORM UPON REQUEST OR PERMIT A CUSTOMER TO REPORT METER READINGS ON A SECURE WEBSITE, BY TELEPHONE, OR BY OTHER REASONABLE MEANS. AT LEAST ONCE EVERY 12 MONTHS, THE UTILITY SHALL OBTAIN AN ACTUAL METER READING OF A CUSTOMER’S ENERGY USAGE TO VERIFY THE ACCURACY OF READINGS REPORTED UNDER THIS SECTION. NOTWITHSTANDING THIS SUBSECTION, A REPRESENTATIVE OF A UTILITY MAY MANUALLY READ A CUSTOMER’S METER ON A REGULAR BASIS AS OTHERWISE PERMITTED BY LAW AND CORRECT A READING AS NECESSARY. IF A CUSTOMER FAILS TO REPORT USAGE OR THE UTILITY DOES NOT RECEIVE A CUSTOMER’S SERVICE USAGE ON TIME, THE UTILITY MAY MANUALLY READ A CUSTOMER’S METER OR CHARGE THAT CUSTOMER BASED ON AN ESTIMATE OF PRIOR ENERGY USE IN A MANNER APPROVED BY THE COMMISSION. A CUSTOMER THAT INTENTIONALLY REPORTS INACCURATE INFORMATION MAY BE ASSESSED A REASONABLE PENALTY UNDER RULES PROMULGATED BY THE COMMISSION AND MAY BE SUBJECT TO ANY OTHER PENALTIES PROVIDED BY LAW. AS USED IN THIS SUBSECTION: (A) “INACCURATE INFORMATION” MEANS THE INTENTIONAL UNDERREPORTING OF METER DATA IN AN EFFORT TO NOT PAY FOR SERVICES. INACCURATE INFORMATION DOES NOT MEAN MINOR DIFFERENCES IN READINGS BY LESS THAN 5% TO ACCOUNT FOR VARIATIONS BASED ON THE TIME OF DAY THAT THE METER IS READ AND SIMILAR FACTORS. (B) “REGULAR BASIS” MEANS ONCE PER BILLING CYCLE. (7) SUBJECT TO SUBSECTION (2), THE COMMISSION SHALL NOT APPROVE A UTILITY TARIFF THAT ALTERS RATES FOR CUSTOMERS THAT DO NOT USE AN ADVANCED METER IF THE UTILITY’S COST ESTIMATES ARE BASED ON MORE THAN 1 MANUAL METER READING PER YEAR BY THE UTILITY. THE COMMISSION SHALL CONSIDER THE ABILITY TO SELF-READ METERS AS PART OF ANY PROCEEDING AND SHALL FULLY RECOGNIZE AND VALUE THAT CUSTOMERS HAVE A LEGITIMATE INTEREST IN CONTROLLING THIRD-PARTY EQUIPMENT PLACED ONTO THEIR PROPERTY THAT IS NOT INHERENTLY NECESSARY AS A CONDITION TO RECEIVING SERVICE. (8) A CUSTOMER’S ENERGY USE DATA AND INTERNET USER INFORMATION ARE PRIVATE AND CONFIDENTIAL AND SHALL NOT BE SOLD, RENTED, OR SHARED BY A UTILITY OR ITS AGENTS EXCEPT AS PROVIDED BY COMPETENT COURT ORDER OR LAW. A UTILITY MAY REPORT DATA RELATING TO ELECTRIC OR COMPRESSED NATURAL GAS VEHICLE FUELING TO THE DEPARTMENT OF TREASURY. THAT INFORMATION SHALL BE USED BY THE STATE STRICTLY FOR TAXATION No. 70] [November 10, 2016] JOURNAL OF THE SENATE 1789 PURPOSES, SHALL NOT BE SHARED WITH LAW ENFORCEMENT WITHOUT A WARRANT, AND IS NOT SUBJECT TO DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, 1976 PA 442, MCL 15.231 TO 15.246, EXCEPT FOR AGGREGATE DATA USED FOR RESEARCH PURPOSES IN A NONIDENTIFYING MANNER. (9) A UTILITY SHALL ENSURE THAT ANY DATA FROM AN ADVANCED METER COMMUNICATED BY NETWORKING TECHNOLOGY IS SUFFICIENTLY ENCRYPTED SO THAT THE DATA CANNOT BE INTERCEPTED BY A DEVICE OTHER THAN A DEVICE USED BY THE UTILITY. A UTILITY SHALL NOT COMMUNICATE BY NETWORKING TECHNOLOGY METER USE DATA THAT INCLUDE A RESIDENTIAL CUSTOMER’S NAME, SOCIAL SECURITY NUMBER, ADDRESS, OR OTHER IDENTIFYING INFORMATION EXCEPT FOR AN INDEPENDENT AND UNIQUE CUSTOMER IDENTIFICATION NUMBER THAT IS ASSIGNED BY THE UTILITY. THE CUSTOMER IDENTIFICATION NUMBER SHALL BE ASSIGNED IN A MANNER THAT INCLUDES SAFEGUARDS TO PREVENT A DEVICE NOT OWNED BY THE UTILITY FROM ASSOCIATING THE NUMBER WITH A PARTICULAR CUSTOMER OR ADDRESS. (10) A UTILITY SHALL NOT POST A CUSTOMER’S ENERGY USE DATA OR BILL ON THE INTERNET, EXCEPT OVER A SECURED TRANSFER PROTOCOL OR SIMILAR SECURED CONNECTION THAT USES 1 OR MORE ADDITIONAL SECURITY MEASURES, SUCH AS A CUSTOMER-SELECTED PASSWORD, TO ENSURE THAT ONLY THE CUSTOMER CAN ACCESS THE INFORMATION. (11) A UTILITY SHALL NOT WIRELESSLY OR OTHERWISE REMOTELY SHUT OFF SERVICE TO A CUSTOMER UNLESS BOTH OF THE FOLLOWING REQUIREMENTS ARE MET: (A) AT LEAST 48 HOURS BEFORE SHUTOFF, A UTILITY REPRESENTATIVE VISITS THE PROPERTY TO WHICH THE SERVICE IS TO BE SHUT OFF, VERIFIES THAT IT IS THE CORRECT ADDRESS, AND FOLLOWS ALL OTHER SHUTOFF PROCEDURES REQUIRED BY LAW. (B) THE UTILITY HAS A COMMISSION-APPROVED, COMPREHENSIVE SECURITY PROGRAM THAT REASONABLY ENSURES THAT A CUSTOMER’S SERVICE WILL BE SHUT OFF ONLY THROUGH AUTHORIZED ACCESS TO THE UTILITY’S COMPUTER SYSTEM, THAT IS OPEN TO INSPECTION AND AUDIT BY THE COMMISSION, AND THAT IS DESIGNED TO PREVENT UNINTENTIONAL SHUTOFF DUE TO NETWORK HACKING OR TERRORISM. (12) AS USED IN THIS SECTION: (A) “ADVANCED METER” MEANS A METER OR METERING DEVICE SYSTEM THAT IS OWNED OR LEASED BY A UTILITY OR ITS AGENT AND THAT MEETS 1 OR MORE OF THE FOLLOWING REQUIREMENTS: (i) IS A DEVICE THAT MEASURES, RECORDS, OR SENDS A CUSTOMER’S UTILITY USAGE OR OTHER DATA BY USE OF RADIO WAVES OR BROADBAND OVER POWER LINES. (ii) ALLOWS FOR 2-WAY COMMUNICATION BETWEEN THE METER AND THE UTILITY OR ITS AGENT. (iii) ALLOWS FOR A UTILITY OR ITS AGENT TO CONTROL A CUSTOMER’S THERMOSTAT, APPLIANCE, OR SERVICE. (B) “HUB METER” MEANS AN ADVANCED METER THAT GENERATES STRONGER RADIO WAVES AS A RESULT OF THE METER SERVING AS A HUB FOR OTHER ADVANCED METERS IT COMMUNICATES WITH IN A GIVEN AREA. (C) “TRADITIONAL METER” MEANS AN ANALOG OR SIMILAR METER THAT IS UNABLE TO TRANSMIT USAGE INFORMATION AND IS ONLY INTENDED TO BE READ BY AN INDIVIDUAL THROUGH A VISUAL DISPLAY. A TRADITIONAL METER IS NOT DESIGNED TO BE AND IS NOT CAPABLE OF TRANSMITTING USAGE DATA BY USING RADIO WAVES OR BROADBAND OVER POWER LINES, ALLOWING 2-WAY COMMUNICATION BETWEEN THE METER AND THE UTILITY OR ITS AGENTS, OR ALLOWING A UTILITY OR ITS AGENTS TO CONTROL A CUSTOMER’S THERMOSTAT, APPLIANCE, OR SERVICE. A TRADITIONAL METER DOES NOT INCLUDE AN ADVANCED METER THAT HAS CERTAIN FUNCTIONALITY TURNED OFF OR DEACTIVATED. (D) “UTILITY” MEANS A PERSON THAT SELLS NATURAL GAS, ELECTRICITY, OR WATER TO RETAIL CUSTOMERS IN THIS STATE AND THAT EITHER SELLS THE NATURAL GAS, ELECTRICITY, OR WATER AT RATES REGULATED BY THE COMMISSION OR IS OWNED BY A MUNICIPALITY.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Shirkey offered the following amendment: 1. Amend page 105, following line 20, by inserting: “(M) NOTWITHSTANDING ANY OTHER PROVISISION OF THIS SECTION, PROVIDE THAT A CUSTOMER LOCATED AT AN OIL REFINERY IN A COUNTY WITH A POPULATION GREATER THAN 750,000 MAY PURCHASE ALL OR ANY PORTION OF ITS ELECTRICITY FROM AN ALTERNATIVE 1790 JOURNAL OF THE SENATE [November 10, 2016] [No. 70 ELECTRIC SUPPLIER, REGARDLESS OF WHETHER THE SALES EXCEED 10% OF THE SERVING ELECTRIC UTILITY’S AVERAGE WEATHER-ADJUSTED RETAIL SALES.”. The amendment was not adopted, a majority of the members serving not voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 629 Yeas—26 Ananich Horn Marleau Schmidt Bieda Hune Meekhof Schuitmaker Booher Johnson Nofs Stamas Brandenburg Jones O’Brien Warren Gregory Knezek Proos Young Hertel Knollenberg Rocca Zorn Hopgood Kowall Nays—11 Casperson Green Hood Robertson Colbeck Hansen MacGregor Shirkey Emmons Hildenbrand Pavlov Excused—0 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. Protest Senator Colbeck, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill Nos. 438 and 437 and moved that the statement he made during the discussion of Senate Bill No. 437 be printed as his reasons for voting “no.” The motion prevailed. Senator Colbeck’s statement is as follows: I rise with my “no” vote explanation on this bill. When this legislation started off, and I want to thank the good Senator from the 19th District for all the hard work on this. I know he’s been working to deal with a regulation infrastructure that’s difficult and complex with a lot of different considerations to put forward into legislation, and I feel for utilities that have had to deal with burdensome regulations coming out of the federal government, particularly the EPA. We currently have a President up in Washington, D.C. that made it a major policy thrust that he’s on record as saying that under my policies, electricity rates will necessarily skyrocket. Well that’s what’s happening and I understand that the utilities are having to make adjustments to their infrastructure to accommodate these regulations and its led to a lot of power plants being forced offline that shouldn’t be. Well, we’ve got a new administration coming in and that new administration wants to grow our country and wants to grow our economy. Those regulations are not doing that, they’re actually stifling that. And so there’s a couple different options on how to go off and pursue some of the safeguards for reliable access to electricity that we’re talking about pursuing today, and I’m just here to say that I believe this approach, while it is addressing one element that needs to be No. 70] [November 10, 2016] JOURNAL OF THE SENATE 1791 addressed in our community, is not addressing the key elements that I would like to see and we are elected representatives. We are elected to serve the best interests of our constituents, the people that elected us into office. What this legislation does not address are their best interests. We just saw an amendment voted down on one aspect that was a pretty reasonable, common-sense sign of respect for the people that put us into office, and that was rejected around personal property rights. There’s also no provisions in this current legislation that would actually encourage the reduction of rates or improvement of quality or customer service to consumers, and I have an issue with that. If we’re going to go off and address how we’re regulating our utility infrastructure, I think our constituents, I think our consumers, should be at the top of the priorities scale, not left off to the bottom, and, unfortunately, this legislation is driven by regulated utilities, it’s not driven by the constituents that we represent and it’s for that reason that I cannot support this legislation. I would like to go off and encourage things like renewable energy, but I’d like it to be a market-driven support. A lot of our consumers and customers would like to see that as well and there are some elements to that in here, but not enough for the consumers actually in the driver’s seat for what these utilities would, supply for this electricity would look like. We’re not taking care of their personal data protection, we’re not taking care of reduced energy rates, and we’re not taking care of people’s desire for choice around alternative energy and actually seeing it put into action. Senators Colbeck, Proos and Nofs asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Colbeck’s statement is as follows: If you are like my office, you have received a lot of complaints about smart meters. They’re usually from our constituents, i.e., the people that we represent. A lot of these people feel that nobody in Lansing is listening to them on this issue. Some are concerned about privacy. Some are concerned about health. Some are concerned about accurate pricing, and others are concerned about data hacking on their usage profiles. Regardless, how we in the Legislature respond to our constituents’ desire for choice and freedom, we should instead come down to personal private property rights. The core question we need to ask ourselves is: if a utility customer does not want one of these smart meters, regardless of the reason, do they have a private property right to be able to retain their analog meter? I say yes! These analog meters have worked well for decades; it was never an issue. If we don’t, we are saying that we’re supposedly regulating a market that the only way that the customer can keep the lights on in their home is if they consent to a device on their property that causes them significant grief. That is stress every day, seven days a week, 24/7. Let’s think about that for a moment and put ourselves into their shoes. After all, we are their representatives. Their home is supposed to be their castle, yet they have no control over the devices to be placed there. What is the real, true, and substantial harm in letting these people keep their analog meters? For decades, this has worked just fine. And let me emphasize these words. There is simply no substantial harm here in letting them have a real choice. So in a regulated environment and looking at property rights, we must let people have the freedom to make this choice for themselves, even if it is not the choice that we would make for ourselves. Otherwise, these people are made to feel like hostages in their own home. It is our role to make sure this is not the case. My amendment today provides some measure of protection for our constituents. At its core, it does the following things. No. 1, it allows people to keep an analog meter, and expressly puts into statute that a utility cannot deny them power for refusing to take a smart meter. No. 2, it puts into statute an already-existing rule that MPSC has had for many, many years that allows a person to self-read their own meter. This already-existing system and my amendment have protections in place so that it cannot be gamed. But, it does allows people who opt out to self-read their meter, and thus only be charged $5 per month for opting out instead of the $10 that’s currently being charged today. For those that want to use smart meters, which will be the vast majority of people, the amendment also requires, in statute, reasonable privacy protection regarding their power usage profile data that people deserve, as well as minimum security standards that protect all of us from hacking. Especially with smart meters allowing for remote controlled shutoff, this is a protection we all need in statute. This amendment does not necessarily give those opposed to smart meters everything that they want, but I think it does a very good job here in creating balanced legislation that, at the end of the day, is simply ensuring true analog choice, codifying some existing MPSC rules, and putting into statute some common sense protections that I think we can all agree on. This amendment will not hurt the utilities in any real or substantial way, and we owe it to our constituents to offer them the freedom to make their own choices on their own property, even if they are not the choices we would make. I hope that you will join me in offering them a voice today here in Lansing by adopting this amendment. enator Proos’ statement is as follows: S I appreciate the opportunity to take a moment in the chamber to talk about both Senate Bill No. 437 and Senate Bill No. 438. 1792 JOURNAL OF THE SENATE [November 10, 2016] [No. 70 As you know, a lot of time and effort has been put into the two bills that are before us, and with final passage of Senate Bill No. 437, it is well known by those in the chamber and members of the Senate that, in fact, these two speak very closely to each other and I’m not certain if there’s a single member of the Legislature in the Senate that hasn’t had something to say that has been addressed in this bill as it has wound its way through the legislative process with open hearings in a bipartisan fashion, constant and continual feedback from those interested parties who have an interest in the success of “Michigan First” energy proposals. That bipartisan input, by nearly every member in this chamber, has been diligently worked by the staff, the Legislative Service Bureau, and the chairman of the committee from the 19th District who it is a great honor to serve with, and I appreciate his very open process and his willingness to allow all parties to have something to say. The principles with which this bill has been designed has given us the opportunity to seek investments here in the state of Michigan. It protects investments from the 2008 renewables that were included that were included in the 2008 energy act, and most importantly we begin to control our own Michigan energy future with the very topsy-turvy energy environment that we have from a public policy perspective. This allows consumers, for the first time in Michigan history, to control their own usage through demand response programs, allowing us the opportunity as consumers to manage our usage in a way that decreases our overall use and energy cost, getting us closer to that day when we have time of use pricing that allows for our consumers, our folks who utilize utility investments to best benefit their own pocketbooks here at home. Those demand response opportunities give us an opportunity for future investments here in the state of Michigan that is a Michigan investment. Three individuals who have worked very hard on this also need to be noted and while we’re not supposed to speak of the names of the members of the Senate, we can certainly mention a few of those staff members: Greg Moore, Rebecca O’Connell, and Dan Dundas, all three of which have been valiant in their effort and have worked tremendous hours to put together the package that you see before us today. Madam President, it’s been an honor to work with the Senator from the 19th District, the chairman of the Energy and Technology Committee, and all those individuals who wanted to see a “Michigan First” energy plan that gives us the best opportunity for success in the future. I’d urge support of Senate Bill No. 437 and Senate Bill No. 438. enator Nofs’ statement is as follows: S Colleagues, the legislation before you has been two years in the making. Obviously, we all know it’s been discussed, debated, studied, and, as you saw today, significantly amended from when it was first introduced. Those of you who have worked on major pieces of legislation before know how difficult it can be to find consensus on your issue which affects a number of different interest groups. Now, imagine if that touches every interest group, every person, every business, governmental entity, and institution in this state. Finding consensus on that scale has, without a doubt, been challenging. And while I love to say no one is getting 100% of what they want—including the bill sponsors—I believe we have crafted a policy that balances a broad and wide range of interests and addresses the key elements that will serve our state well for many years to come. There have been many charges and counter charges about what the bill does or does not do, and questions raised about my rationale on various provisions. But what is not in question is that the energy sector is changing rapidly. Technological advances, fuel costs, customer preferences, and the onslaught of regulation by the federal government have all converged, resulting in one of the largest upheavals in the energy industry in my lifetime. Yet we take for granted that a steady supply of energy will always be there when we need it, mostly because historically it has been. But these industry changes are starting to call into question that blind confidence. We’ve had dozens of power plant closures across the Midwest—including over 2,000 megawatts worth of it alone in Michigan—which will impact the availability of capacity to serve our state. Many of you may not be aware that on at least two occasions this past summer, MISO, the organization charged with managing our energy grid, issued Maximum Generation Warnings to providers due to energy demand getting dangerously close to available supply. Folks, this issue is real. And, if you don’t believe me, reports this year from both MISO and our own Public Service Commission point to concerns about the availability of capacity to serve our state as early as 2018, just two years from now, which is why we as policymakers need to be deliberate and purposeful about taking the steps necessary to ensure the continued availability of clean, reliable, and affordable energy for our citizens and businesses, and why energy resource adequacy is such a major element of this legislation. The fallback provisions contained in Senate Bill No. 437 ensure that if MISO’s proposed revenue adequacy tariff is not approved or fails to deliver the reliability we need, we as a state have a mechanism to take action. It keeps us in control of our own energy future. This legislation also provides for a more thorough, forward-looking process to help ensure that future utility investments represent the best, most cost-effective mix of options for our ratepayers and for our state and businesses. The process involves multiple layers of competitive bidding, cost-containment provisions, as well as opportunities for parties to intervene in cases and offer alternatives to our own Public Service Commission. No. 70] [November 10, 2016] JOURNAL OF THE SENATE 1793 It provides incentives for further energy waste reduction while also providing for a more gradual phase-out of our RPS standard which will ultimately give way to allow resources to compete directly as part of the Integrated Resource Planning process. It helps ensure that all customers who utilize the energy grid pay their fair share of its upkeep and maintenance, which is only fair. Despite what you have heard, my bill maintains the 10% choice program and even allows it to expand. It provides more resources to the Public Service Commission, the Attorney General, and the Utility Consumer Participation Board for their oversight and respective enforcement roles on behalf of all ratepayers. It provides for new value-added programs and services to aid utilities in transitioning their business model while protecting ratepayer assets and private sector competition. It establishes a task force to identify issues affecting the availability, the reliability, and the affordability of electricity in the Upper Peninsula and northern lower Michigan, as well as potential options and cost estimates to resolve those issues, something that I know is of critical importance to the residents and businesses contained in those areas. In closing, I just want to say that I’ve done my best throughout this two-year journey to listen to all sides and address as many issues raised as I could. The good Senator from the 21st District and I have done our best to forge compromise on key issues and I think the final language in this bill reflects that. This legislation is not about what’s best for a few companies or organizations or even individuals. It’s about what’s best for the entire state of Michigan. That has been and always will be my focus. I know it’s been a little frustrating working through the multiple drafts and substitutes. Frankly, it’s been frustrating to me too. But I’ve said repeatedly that I will continue to listen and make improvements to the bills right up to until the end and I think I’ve fulfilled that promise today. I want to thank the good Senator from the 21st District for working alongside me to craft this package and for the tremendous amount of work he and his staff have done on their key piece of it. I also want to thank the many other people who have been involved in this process, and there are way too many to name individually and we would be here all night. They were committed and they worked so diligently to find answers to some very difficult and challenging proposals. There were literally tens of thousands of hours committed to this process, and I am grateful to each and every one of you who helped me on this journey. So, colleagues, after 12 years of working on energy policy between the House and the Senate, there’s no way I would stand here and ask for your vote for this piece of legislation if I didn’t sincerely believe it was the right policy for Michigan. I do believe that, and I respectfully request and ask for your support. By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that, pursuant to rule 1.114, upon receipt of Senate bills returned from the House of Rep­ resentatives, the Secretary of the Senate be directed to proceed with the enrollment printing and presentation of the bills to the Governor. The motion prevailed. By unanimous consent the Senate proceeded to the order of Statements Senators Colbeck, Warren and Horn asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Colbeck’s statement is as follows: I know we’re all anxious to get back to the ranch, but as we go back to our homes over this break, can I just please encourage every member of this Chamber to remember one of the key messages that came out of this last election which was that there’s a lot of people out there, including me right now, that feel like we’re not being listened to by the people that make policies. There’s a lot of legislation that serves a broad interest of the average citizen that is not getting addressed. It seems like the only legislation that is getting pushed through this body and the body across the hall is legislation that has some sort of lobbying group to go off and promote it inside this body. I want to remind each and every one of us that we were elected to be the lobbyists for the people that elected us into office. 1794 JOURNAL OF THE SENATE [November 10, 2016] [No. 70 enator Warren’s statement is as follows: S I wanted to take a few moments one day before we commemorate Veterans Day to offer a special recognition for one of my constituents who truly exemplifies the spirit of service. Lieutenant Colonel Charles Kettles retired from the United States Army after a long and dedicated career. Earlier this year and at the age of 86, he was awarded the Medal of Honor, our nation’s highest military honor, on July 18, which was presented to him by President Barack Obama. He was born in Ypsilanti in 1930 and graduated from Edison Institute High in Dearborn. He went on to study engineering at the Michigan State Normal College, which is now known as Eastern Michigan University. However, he was drafted into the Army at age 21. After completing basic training at Fort Breckenridge and Officer Candidate School at Fort Knox, he earned his commission as an armored officer in the U.S. Army Reserve. He went on to graduate from Army Aviation School and to serve active tours of duty in Korea, Japan, and Thailand. Even after leaving active duty and establishing a Ford dealership in DeWitt, Lieutenant Colonel Kettles continued to serve through the Army Reserve. However, after the Vietnam War broke out, he volunteered to return to active duty. He became a helicopter pilot and was assigned as a flight commander on the 176th Assault Helicopter Company, 14th Combat Aviation Battalion. I would like to tell one particularly remarkable story of his courage. On May 15, 1967, American soldiers became stranded in combat near Duc Pho. Lieutenant Colonel Kettles piloted his helicopter through intense army fire several times on missions to evacuate them. He is credited with saving the lives of over 40 soldiers and his four crew members. In addition to the Medal of Honor, he also received the Distinguished Service Cross, the Legion of Merit, and the Distinguished Flying Cross. Tomorrow, as we celebrate Veterans Day, Eastern Michigan University will welcome Lieutenant Colonel Kettles back to campus for a ceremony in which they will name their Military and Veterans Resource Center in his honor. EMU has already been recognized as among the top military-friendly schools in 2016, and was awarded a Gold Standard by the Michigan Veterans Affairs Agency. So, it is fitting that Lieutenant Colonel Kettles’ legacy of service will be continued through the university’s Military and Veterans Resource Center, where highly-qualified veterans and staff advise and mentor veterans and military students by providing both academic advising, tutoring, and VA benefit support. I am tremendously proud to not only represent Lieutenant Colonel Kettles, but all the other men and women in my district and around this state and nation who have shown their bravery and self-sacrifice through their service in our nation’s armed forces. enator Horn’s statement is as follows: S I don’t come with written remarks today, but I want to just springboard and echo the sentiments of our colleague from the 18th District. We’re going to be going back to our districts, and we’re going to be visiting with folks back home. Veterans Day is a very special day to a whole lot of people. About 1 percent of Americans ever join the military. These are the “one-percenters.” These are people that are very special. As the son of immigrants and a first-generation American, I never served. I’m one of the 99 percent, Madam President, but I’ll tell you, my parents came here from a Communist country, fleeing the Berlin Wall. They came to America with one very big hope: the hope of freedom. And it was a promise that America made to my parents and one that our veterans and the people that are serving currently in our Armed Forces, they kept that promise that America made to my parents. So while we go back and we enjoy the last warm days of this fall and visit with our neighbors, remember the veterans that served us. Committee Reports The Committee on Regulatory Reform reported Senate Bill No. 973, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 537 (MCL 436.1537), as amended by 2013 PA 101. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Knollenberg, Kowall, MacGregor, Warren and Hertel Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. No. 70] [November 10, 2016] JOURNAL OF THE SENATE 1795 COMMITTEE ATTENDANCE REPORT he Committee on Regulatory Reform submitted the following: T Meeting held on Wednesday, November 9, 2016, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Rocca (C), Knollenberg, Kowall, MacGregor, Warren and Hertel Excused: Senators Jones, Hune and Johnson The Committee on Appropriations reported House Bill No. 5128, entitled A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2015 PA 20. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, November 9, 2016, at 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Excused: Senator Green COMMITTEE ATTENDANCE REPORT he Legislative Council submitted the following: T Meeting held on Wednesday, November 9, 2016, at 11:30 a.m., House Appropriations Room, 3rd Floor, Capitol Building Present: Senators Meekhof (C), Rocca, Schmidt, Schuitmaker (Alternate), Ananich and Hood Excused: Senators Stamas, Horn (Alternate) and Bieda (Alternate) Scheduled Meetings Michigan State Capitol Commission - Monday, November 14, 11:00 a.m., Room H-65, Capitol Building (373-0184) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 5:06 p.m. Pursuant to House Concurrent Resolution No. 27, the President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Tuesday, November 29, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1796 No. 71 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Tuesday, November 29, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Conyers—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—present Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—excused Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 1798 JOURNAL OF THE SENATE [November 29, 2016] [No. 71 His Excellency the Most Reverend David John Walkowiak of the Diocese of Grand Rapids offered the following invocation: Loving God, we give You thanks for the gift of a new day of life. Help us to use it to draw closer to You so that with Your Spirit and aware of Your presence among us, we may all face the tasks of this day with confidence and strength. We ask for Your blessing and guidance of the members of this Senate. Help them to think clearly, speak confidently, and act courageously in the belief that all authentic service on behalf of the common good and the dignity of all is based upon justice, truth, and love. Give them wisdom and insight so that the work they do will result in the betterment of the residents of this state at a time of struggle for so many people. Enable them to act on what they believe to be right and true and just. Endow them, and all our government leaders, with good judgement to provide the policies and laws needed to ensure progress and peace in our state. May all that we do be done for Your honor and glory. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Jones and MacGregor entered the Senate Chamber. enator Kowall moved that Senator Marleau be excused from today’s session. S The motion prevailed. enator Hood moved that Senator Johnson be temporarily excused from today’s session. S The motion prevailed. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:05 a.m. 10:10 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator Johnson entered the Senate Chamber. enator Kowall moved that rule 3.902 be suspended to allow his guests admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:11 a.m. 10:33 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senator Meekhof entered the Senate Chamber. No. 71] [November 29, 2016] JOURNAL OF THE SENATE The following communication was received and read: Wayne County Clerk Certificate of Election 1799 November 23, 2016 STATE OF MICHIGAN SS COUNTY OF WAYNE I, Cathy M. Garrett, Clerk of Wayne County and Clerk of the Circuit Court in and for said County, do hereby certify that as a result of the election held in said County on November 8, 2016, Ian Conyers received a sufficient number of votes and was duly elected to the office of State Senate – 4th District for the partial term ending 1/1/2019, as determined by the Wayne County Board of Canvassers. In Witness Whereof I have hereunto set my hand [SEAL] and affixed the seal of the Circuit Court for Wayne County, this 23rd day of November 2016. Cathy M. Garrett Wayne County Clerk The communication was referred to the Secretary for record. Oath of Office A ceremonial swearing-in was conducted for Senator Ian Conyers, who took and subscribed to the Constitutional Oath of Office, which was administered by the President, Lieutenant Governor Brian N. Calley, and entered upon the performance of his duties as Senator. Senators Ananich and Meekhof asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Ananich’s statement is as follows: It is truly an honor and a great pleasure to say a few words about our newest caucus member and this body’s newest member. I would like to note that the Senate Democrats are the only caucus of all four caucuses to actually go up in this election, so I guess we’ve got that going for us. In the little time that I’ve gotten to know Mr. Conyers, I found him to be a man of the utmost integrity, honesty, and a superb intellect. I’m sure as we all get to know him better and as many of you get to know him for the first time, you will find the same. He came here to get things done, and I think you’ll find that he will be a member that works across the aisle and that is an advocate for his community every single day he gets here. Another benefit is that Senator Knezek is no longer the youngest member of this body. We’re fortunate to have that title pass on to Senator Conyers as well. Again, it’s a great pleasure to be here, all joking aside. I think we’re all luckier, and we’re all very fortunate to have Mr. Conyers as a colleague. I look forward to us all working together with him as we go forward in the end of this session and the next session coming forward. enator Meekhof’s statement is as follows: S It’s also my pleasure to stand today and welcome the newest member to the Michigan Senate: Senator Ian Conyers. I bet you’ll never get tired of getting called “Senator.” He represents the constituents of the 4th Senate District. The Senator from the 4th District carries a well-established family tradition of public service. I look forward to getting to know him better. I’ve had some conversations with him. He’s a very committed individual, and very driven. I would ask that all my colleagues help join in welcoming our newest Senate colleague to the Michigan Senate, Sena­ tor Conyers. Welcome. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:42 a.m. 1800 JOURNAL OF THE SENATE [November 29, 2016] [No. 71 11:59 a.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. By unanimous consent the Senate proceeded to the order of Third Reading of Bills The following bill was read a third time: House Bill No. 5447, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 811e and 811h (MCL 257.811e and 257.811h), as amended by 2015 PA 78. The question being on the passage of the bill, Senator Stamas offered the following substitute: Substitute (S-1). The question being on the adoption of the substitute, Senator Colbeck offered the following amendments to the substitute: 1. Amend page 3, line 1, after “(4).” by inserting “THIS SUBSECTION DOES NOT APPLY TO A FUND-RAISING PLATE CREATED IN SECTION 811CC.”. 2. Amend page 6, following line 8, by inserting: “SEC. 811CC. (1) NO LATER THAN OCTOBER 1, 2017, THE SECRETARY OF STATE SHALL DEVELOP UNDER SECTION 811E AND ISSUE UNDER SECTION 811F A FUND-RAISING PLATE RECOGNIZING THE CHOOSE LIFE MICHIGAN FUND. THE SECRETARY OF STATE, IN CONJUNCTION WITH THE BOARD OF THE CHOOSE LIFE MICHIGAN FUND, SHALL DESIGN THE FUND-RAISING PLATES AUTHORIZED IN THIS SECTION. (2) THE CHOOSE LIFE FUND IS CREATED WITHIN THE STATE TREASURY. THE STATE TREASURER MAY RECEIVE MONEY OR OTHER ASSETS FROM ANY SOURCE FOR DEPOSIT INTO THE FUND. THE STATE TREASURER SHALL DIRECT THE INVESTMENT OF THE FUND. THE STATE TREASURER SHALL CREDIT TO THE FUND INTEREST AND EARNINGS FROM FUND INVESTMENTS. MONEY IN THE FUND AT THE CLOSE OF THE FISCAL YEAR SHALL REMAIN IN THE FUND AND SHALL NOT LAPSE TO THE GENERAL FUND. (3) THE SECRETARY OF STATE SHALL TRANSFER THE DONATION MONEY FROM THE SALE OF FUND-RAISING PLATES RECOGNIZING THE CHOOSE LIFE MICHIGAN FUND TO THE STATE TREASURER, WHO SHALL CREDIT THE DONATION MONEY TO THE CHOOSE LIFE FUND CREATED UNDER SUBSECTION (2). (4) THE STATE TREASURER SHALL DISBURSE MONEY IN THE CHOOSE LIFE FUND CREATED UNDER SUBSECTION (2) ON AN ANNUAL BASIS TO THE CHOOSE LIFE MICHIGAN FUND. (5) THE STATE TREASURER SHALL BE THE ADMINISTRATOR OF THE CHOOSE LIFE FUND CREATED UNDER SUBSECTION (2) FOR AUDITING PURPOSES. (6) MONEY DISBURSED TO THE CHOOSE LIFE MICHIGAN FUND UNDER THIS SECTION SHALL BE DISTRIBUTED TO ELIGIBLE NONPROFIT ORGANIZATIONS THAT ARE EXEMPT FROM TAXATION UNDER SECTION 501(C)(3) OF THE INTERNAL REVENUE CODE, 26 USC 501, TO BE EXPENDED ON PROJECTS THAT PROMOTE ALTERNATIVES TO ABORTION. AS USED IN THIS SUBSECTION: (A) “ELIGIBLE NONPROFIT ORGANIZATIONS” INCLUDES, BUT IS NOT LIMITED TO, CRISIS PREGNANCY CENTERS, HOMES FOR PREGNANT WOMEN, AND OTHER ORGANIZATIONS THAT PROVIDE PRACTICAL SUPPORT TO PREGNANT WOMEN, PROVIDE PRACTICAL OUTREACH TO AT-RISK POPULATIONS, AND PROMOTE LIFE-SAVING PROGRAMS AND PROJECTS AS ALTERNATIVES TO ABORTION. (B) “PROJECTS THAT PROMOTE ALTERNATIVES TO ABORTION” INCLUDES, BUT IS NOT LIMITED TO, MEDIA CAMPAIGNS, SPECIALTY OUTREACHES TO AT-RISK POPULATIONS, INCLUDING MINORITIES, TEENAGERS, COLLEGE-AGED WOMEN, POST-ABORTIVE WOMEN, AND CAMPAIGNS TO PROMOTE ADOPTION.”. The question being on the adoption of the amendments to the substitute, Senator Colbeck withdrew the amendments. Senator Young offered the following amendment to the substitute: 1. Amend page 6, following line 7, by inserting: “SEC. 811II. (1) THE SECRETARY OF STATE SHALL DEVELOP UNDER SECTION 811E AND ISSUE UNDER SECTION 811F A FUND-RAISING PLATE RECOGNIZING WOMEN’S HEALTH. THE SECRETARY No. 71] [November 29, 2016] JOURNAL OF THE SENATE 1801 OF STATE, IN CONJUNCTION WITH PLANNED PARENTHOOD AFFILIATES OF MICHIGAN, SHALL DESIGN THE FUND-RAISING PLATES AUTHORIZED IN THIS SECTION. (2) THE WOMEN’S HEALTH FUND IS CREATED WITHIN THE STATE TREASURY. THE STATE TREASURER MAY RECEIVE MONEY OR OTHER ASSETS FROM ANY SOURCE FOR DEPOSIT INTO THE FUND. THE STATE TREASURER SHALL DIRECT THE INVESTMENT OF THE FUND. THE STATE TREASURER SHALL CREDIT TO THE FUND INTEREST AND EARNINGS FROM FUND INVESTMENTS. MONEY IN THE FUND AT THE CLOSE OF THE FISCAL YEAR SHALL REMAIN IN THE FUND AND SHALL NOT LAPSE TO THE GENERAL FUND. (3) THE SECRETARY OF STATE SHALL TRANSFER THE DONATION MONEY FROM THE SALE OF FUND-RAISING PLATES RECOGNIZING WOMEN’S HEALTH TO THE STATE TREASURER, WHO SHALL CREDIT THE DONATION MONEY TO THE WOMEN’S HEALTH FUND CREATED UNDER SUBSECTION (2). (4) THE STATE TREASURER SHALL DISBURSE MONEY IN THE WOMEN’S HEALTH FUND CREATED IN SUBSECTION (2) ON AN ANNUAL BASIS TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES. (5) THE SECRETARY OF STATE SHALL BE THE ADMINISTRATOR OF THE WOMEN’S HEALTH FUND CREATED UNDER SUBSECTION (2) FOR AUDITING PURPOSES. (6) MONEY DISBURSED TO THE DEPARTMENT OF HEALTH AND HUMAN SERVICES UNDER SUBSECTION (2) SHALL BE USED TO MATCH THE MATERNAL AND CHILD HEALTH BLOCK GRANT AND SHALL ONLY BE USED TO SUPPORT WOMEN’S HEALTH.”. The question being on the adoption of the amendment to the substitute, Senator Young withdrew the amendment. The substitute was adopted, a majority of the members serving voting therefor. Senator Stamas offered the following substitute: Substitute (S-2). The question being on the adoption of the substitute, Senator Stamas offered the following amendment to the substitute: 1. Amend page 2, line 25, after “THAN” by striking out “15” and inserting “20”. The amendment to the substitute was adopted. The substitute as amended was adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 630 Yeas—37 Ananich Hansen Knezek Robertson Bieda Hertel Knollenberg Rocca Booher Hildenbrand Kowall Schmidt Brandenburg Hood MacGregor Schuitmaker Casperson Hopgood Meekhof Shirkey Colbeck Horn Nofs Stamas Conyers Hune O’Brien Warren Emmons Johnson Pavlov Young Green Jones Proos Zorn Gregory Nays—0 Excused—1 Marleau In The Chair: O’Brien Not Voting—0 1802 JOURNAL OF THE SENATE [November 29, 2016] [No. 71 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title. Senator Stamas asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Stamas’ statement is as follows: As we know, on September 12 this year, we lost Representative Pettalia. Representative Pettalia was the chair of the Transportation Committee. One of his true priorities was improving the process for the fundraising plates. Today, we’ve amended to add this as a recognition of Representative Pettalia’s dedication to our state and I ask for your support as we pass this. By unanimous consent the Senate returned to the order of Messages from the Governor The following messages from the Governor were received and read: October 31, 2016 I respectfully submit to the Senate the following appointments to office: Great Lakes Protection Fund Board of Directors Mark D. Meijer of 2568 Fletcher Drive, N.E., Grand Rapids, Michigan 49506, county of Kent, succeeding himself, is reappointed for a term expiring October 11, 2018. Patricia Glaza of 1724 Bonnieview Drive, Royal Oak, Michigan 48073, county of Oakland, succeeding herself, is reappointed for a term expiring October 11, 2018. November 2, 2016 I respectfully submit to the Senate the following appointments to office: Chair - Crime Victim Services Commission Victor Fitz of 22401 Shady Lane, Cassopolis, Michigan 49031, county of Cass, is appointed to serve at the pleasure of the Governor. rime Victim Services Commission C Annie Harrison of 5800 Caleta Drive, Lansing, Michigan 48911, county of Ingham, representing peace officers and Democrats, succeeding Catherine Garcia-Lindstrom, is appointed for a term expiring September 27, 2019. November 3, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Commission on Law Enforcement Standards Richard Heins of 13513 Kingsville Drive, Sterling Heights, Michigan 48312, county of Macomb, representing the Michigan Association of Police, succeeding Frederick Timpner, is appointed for a term expiring November 1, 2017. No. 71] [November 29, 2016] JOURNAL OF THE SENATE 1803 November 7, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Community Service Commission Katharine M. Janes of 1860 Oakland Drive, Mount Pleasant, Michigan 48858, county of Isabella, representing indivi­ duals between the ages of 16 and 25 who is a participant or supervisor in a program defined in section 101 of title I, 42 U.S.C. 12511, succeeding herself, is reappointed for a term expiring October 1, 2019. Samasandrapalya Reddy Kiran of 14174 Moffett Drive, Fenton, Michigan 48430, county of Genesee, representing businesses, succeeding Kristen Lingenfelter, is appointed for a term expiring October 1, 2019. Peter L. Lemmer of 12901 W. State Road, Grand Ledge, Michigan 48837, county of Clinton, representing experts in the delivery of humans in educational, environmental, or public safety services to communities and persons, succeeding himself, is reappointed for a term expiring October 1, 2019. Diana V. Rodriguez-Algra of 730 N. Foster Avenue, Lansing, Michigan 48912, county of Ingham, representing volunteer sector as outlined in the Edward Kennedy Serve America Act, section 1606(2)(B), succeeding herself, is reappointed for a term expiring October 1, 2019. Lorna Utley of 531 Renaud Road, Grosse Pointe Woods, Michigan 48236, county of Wayne, representing individuals with expertise in the educational, training, and developmental needs of youth, particularly disadvantaged youth, succeeding herself, is reappointed for a term expiring October 1, 2019. Kathleen Wilbur of 1784 Mirabeau Drive, Okemos, Michigan 48864, county of Ingham, representing experts in the delivery of humans in educational, environmental, or public safety services to communities and persons, succeeding Kyle Caldwell, is appointed for a term expiring October 1, 2019. November 9, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Community Service Commission David A. Parent of 1610 Morton Avenue, Ann Arbor, Michigan 48104, county of Washtenaw, representing businesses, succeeding Carolyn Bloodworth, is appointed for a term expiring October 1, 2019. November 9, 2016 I respectfully submit to the Senate the following appointment: Chief Medical Executive – Michigan Department of Health and Human Services Eden V. Wells of 4338 Pine Ridge Court, Ann Arbor, Michigan 48105, county of Washtenaw, is appointed for a term commencing November 21, 2016, and expiring at the pleasure of the Governor. November 9, 2016 I respectfully submit to the Senate the following appointments to office: Public Health Advisory Commission Cynthia Aaron of 10420 Ridgeline Drive, Milan, Michigan 48160, county of Washtenaw, representing toxicologists and Region 10, is appointed for a term expiring at the pleasure of the Governor. Eric Adelman of 31262 Verona Drive, Farmington Hills, Michigan 48331, county of Oakland, representing the general public and Region 10, is appointed for a term expiring at the pleasure of the Governor. Denise Chrysler of 416 Everett Drive, Lansing, Michigan 48915, county of Ingham, representing schools of public health from higher education institutions and Region 7, is appointed for a term expiring at the pleasure of the Governor. Abdulrahman Mohamed El-Sayed of 10 Witherell Street, Detroit, Michigan 48226, county of Wayne, representing local public health officials and Region 10, is appointed for a term expiring at the pleasure of the Governor. William Fales of 6616 Wyndham Drive, Kalamazoo, Michigan 49009, county of Kalamazoo, representing a medical school in this state and Region 8, is appointed for a term expiring at the pleasure of the Governor. Kathleen C. Forzley of 1901 Pelican Court, Troy, Michigan 48084, county of Oakland, representing local public health officials and Region 10, is appointed for a term expiring at the pleasure of the Governor. Mark Fowler of 3180 Mt. Bliss Road, East Jordan, Michigan 49727, county of Antrim, representing local directors of Public Works and Region 2, is appointed for a term expiring at the pleasure of the Governor. Robert A. Gouin of 8611 S. Wise Road, Shepherd, Michigan 48883, county of Isabella, representing environmental health experts and Region 5, is appointed for a term expiring at the pleasure of the Governor. Mona Hanna-Attisha of 2133 Lawn Dale Avenue, West Bloomfield, Michigan 48323, county of Oakland, representing physicians and Region 10, is appointed for a term expiring at the pleasure of the Governor. Carolyn Debra Michelle Holden of 1533 Vanderbilt Drive, Flint, Michigan 48503, county of Genesee, representing epidemiologists and Region 6, is appointed for a term expiring at the pleasure of the Governor. Chris Kolb of 803 Edgewood Place, Ann Arbor, Michigan 48103, county of Washtenaw, representing non-profit health/ environmental organizations and Region 9, is appointed for a term expiring at the pleasure of the Governor. Dianne E. Malburg of 2177 Twilight Pass, Holt, Michigan 48842, county of Ingham, representing licensed pharmacists and Region 7, is appointed for a term expiring at the pleasure of the Governor. Bill H. Manns of 7828 Timber Canyon Drive, S.E., Ada, Michigan 49301, county of Kent, representing a member with hospital administration experience and Region 4, is appointed for a term expiring at the pleasure of the Governor. 1804 JOURNAL OF THE SENATE [November 29, 2016] [No. 71 Gayle S. Meshigaud of N14961 Hannahville Road, B-1, Wilson, Michigan 49896, county of Menominee, representing the general public and Region 1, is appointed for a term expiring at the pleasure of the Governor. Kristen Schweighoefer of 4237 Lake Forest Drive, E., Ann Arbor, Michigan 48108, county of Washtenaw, representing food safety experts and Region 9, is appointed for a term expiring at the pleasure of the Governor. Ann P. Sheehan of 1505 Sprucebrook Drive, Kalamazoo, Michigan 49048, county of Kalamazoo, representing registered nurses and Region 8, is appointed for a term expiring at the pleasure of the Governor. Michelle Styma of 8855 M-65 N., Posen, Michigan 49776, county of Alpena, representing the general public and Region 3, is appointed for a term expiring at the pleasure of the Governor. Melinda J. Wilkins of 1039 Lantern Hill Drive, East Lansing, Michigan 48823, county of Ingham, representing veterinarians and Region 7, is appointed for a term expiring at the pleasure of the Governor. November 21, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Council for Arts and Cultural Affairs April Clobes of 5131 Hawk Hollow Drive, E., Bath, Michigan 48808, county of Clinton, succeeding Michael Kasper, is appointed for a term expiring September 1, 2018. November 21, 2016 I respectfully submit to the Senate the following appointments to office: Chair – Horse Racing Advisory Commission Don W. Ryker of 1344 South Hadley Drive, Ortonville, Michigan 48462, county of Oakland, is appointed for a term expiring at the pleasure of the Governor. orse Racing Advisory Commission H Thomas Barrett of 43058 Ashbury Drive, Novi, Michigan 48375, county of Oakland, representing statewide horse racing associations, is appointed for a term expiring October 31, 2020. Mike Carlo of 43555 Six Mile Road, Northville, Michigan 48168, county of Wayne, representing owners or operators of horse racetracks in this state, is appointed for a term expiring October 31, 2020. Nancy Frank of 5277 Cornell Road, Haslett, Michigan 48840, county of Ingham, designee of the director of the Department of Agriculture and Rural Development, is appointed for a term expiring October 31, 2020. George M. Kutlenios of 110 Battle Aly, Holly, Michigan 48442, county of Oakland, representing statewide horse racing associations, is appointed for a term expiring October 31, 2020. Kenneth Marshall of 17364 Park Avenue, Livonia, Michigan 48152, county of Wayne, representing owners or operators of horse racetracks in this state, is appointed for a term expiring October 31, 2020. Frank A. Nickels of 845 Gulick Road, Haslett, Michigan 48840, county of Ingham, representing veterinarians, is appointed for a term expiring October 31, 2020. Don W. Ryker of 1344 South Hadley Drive, Ortonville, Michigan 48462, county of Oakland, representing individuals who have knowledge about and expertise in horse racing in this state, is appointed for a term expiring October 31, 2020. November 21, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Indigent Defense Commission Derek King of 13792 Rivers Edge Way, Ceresco, Michigan 49030, county of Calhoun, representing local units of government, succeeding Jon Campbell, is appointed for a term expiring April 1, 2019. November 21, 2016 I respectfully submit to the Senate the following appointment to office: State Police Retirement Board Stephen O’Neill of 3194 Innsbrook Drive, Owosso, Michigan 48867, county of Shiawassee, representing members of the retirement system with the rank of lieutenant or above, succeeding Kevin McGaffigan, is appointed for a term expiring December 31, 2019. November 21, 2016 I respectfully submit to the Senate the following appointment to office: Director – Michigan Talent and Economic Development Roger A. Curtis of 8528 Slee Road, Onsted, Michigan 49265, county of Lenawee, is appointed for a term commencing November 28, 2016, and expiring at the pleasure of the Governor. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. No. 71] [November 29, 2016] JOURNAL OF THE SENATE 1805 By unanimous consent the Senate returned to the order of Motions and Communications The following communications were received and read: Office of the Auditor General November 4, 2016 I am pleased to provide our fiscal year 2016 annual report. It details aspects of our office operations and lists the audit reports issued in the past fiscal year. Article IV, Section 53 of the Michigan Constitution establishes the Office of the Auditor General and requires this annual report. During the fiscal year, we issued independent auditor’s opinions on 26 sets of financial statements and schedules. Our collaboration with the State Budget Office resulted in the preparation and audit of the State of Michigan Comprehensive Annual Financial Report within 92 days of the fiscal year-end, again setting the national benchmark for timely state government reporting. Our other most extensive project, the Statewide Single Audit, assessed State agency compliance with regulations tied to $23.1 billion in federal funds. The 40 performance audits that we completed received pointed attention for our work involving the Grand Rapids Home for Veterans, Claimant Services within the Unemployment Insurance Agency, the Child Care Fund, Adult Protective Services, and the Flint drinking water crisis, among many others. Our top 2017 priorities include: 1.  Mechanisms for stakeholders to report suspected fraud, waste, and abuse of tax dollars to the OAG Recently, we decided to join 34 other state auditor offices by providing State employees and citizens with an avenue for reporting potentially fraudulent activities to our Office. We are identifying the leading practices across the country for efficient and confidential mechanisms to receive and investigate allegations and report the results. We will work closely with the Department of Attorney General or other entities to refer for prosecution any individuals who may have committed a crime. 2.  Staff development We implemented a new mentoring process for our entry-level staff to help ensure their successful transition from academia to the workforce. We are creating a three-year curriculum to ensure that they have consistent training, diverse audit assignments, constructive feedback, and professional growth opportunities. For our management team, we are prioritizing leadership training and preparing for retirements and other attrition. Throughout the year, we will continue to provide the Legislature and the Executive Office with our six-month audit plans and monthly audit summaries. Citizens may follow our work by visiting the OAG Web site. We are fortunate to have an incredible team of audit professionals and support staff within the OAG to deliver oversight in an independent, objective, and transparent manner. We welcome the opportunity to provide this information to assist in your decision making. I look forward to working with you this year. November 10, 2016 nclosed is a copy of the following reports: E •  Performance audit report on Great Lakes Water Quality Bond Fund (GLWQBF) Expenditures, Department of Environ­ mental Quality. •  Performance audit report on Records Management, Records Management Services, Department of Technology, Management, and Budget. Sincerely, Doug Ringler Auditor General The audit reports were referred to the Committee on Government Operations. The following communications were received: Department of State Administrative Rules Notices of Filing November 9, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-011-LR (Secretary of State Filing #16-11-01) on this date at 3:50 p.m. for the Department of Licensing and Regulatory Affairs entitled, “General Industry Safety Standards Part 25. Manlifts.” 1806 JOURNAL OF THE SENATE [November 29, 2016] [No. 71 These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. November 9, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-016-LR (Secretary of State Filing #16-11-02) on this date at 3:51 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Construction Safety Standards, Part 8. Handling and Storage of Materials.” These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. November 9, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-014-LR (Secretary of State Filing #16-11-03) on this date at 3:51 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Occupational Health Standards, Part 380. Occupational Noise Exposure in General Industry.” These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. November 9, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-038-LR (Secretary of State Filing #16-11-04) on this date at 3:51 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Construction Safety Standards, Part 6. Personal Protective Equipment.” These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. November 10, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-027-LR (Secretary of State Filing #16-11-05) on this date at 3:52 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Occupational Health Standards, Part 591. Process Safety Management of Highly Hazardous Chemicals.” These rules take effect immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. November 10, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-026-LR (Secretary of State Filing #16-11-06) on this date at 3:52 p.m. for the Department of Licensing and Regulatory Affairs entitled, “General Industry Safety Standards, Part 33. Personal Protective Equipment.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. November 10, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-012-LR (Secretary of State Filing #16-11-07) on this date at 3:52 p.m. for the Department of Licensing and Regulatory Affairs entitled, “MIOSHA Safety and Health Standards, Part 11. Recording and Reporting of Occupational Injuries and Illnesses.” These rules become effective upon January 2, 2017. No. 71] [November 29, 2016] JOURNAL OF THE SENATE 1807 November 21, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-060-LR (Secretary of State Filing #16-11-08) on this date at 3:53 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Real Estate Appraisers – General Rules.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6), or 48 of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. November 21, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-084-LR (Secretary of State Filing #16-11-09) on this date at 3:53 p.m. for the Department of Licensing and Regulatory Affairs entitled, “General Industry Safety Standards – Part 24. Mechanical Power Presses.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The Secretary announced that the following bills were printed and filed on Thursday, November 10, and are available at the Michigan Legislature website: Senate Bill Nos. 1162 1163 1164 1165 1166 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 House Bill Nos. 6039 6040 6041 6042 6043 6044 6045 6046 6047 6048 6049 6050 Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today: Senate Bill No. 1085 Senate Bill No. 1153 Senate Bill No. 1154 Senate Bill No. 1155 The motion prevailed, a majority of the members serving voting therefor. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. enator Ananich offered the following resolution: S Senate Resolution No. 220. A resolution to recognize the diversity in clinical trial forum as sponsored by the Sickle Cell Disease Awareness Associa­ tion of America, Michigan Chapter. Whereas, Sickle cell disease is an inherited blood disease which affects the red blood cells; and 1808 JOURNAL OF THE SENATE [November 29, 2016] [No. 71 Whereas, Individuals with sickle cell disease produce abnormally shaped red blood cells that resemble a crescent or sickle and that do not last as long as normal round red blood cells, which leads to anemia. The sickle cells also get stuck in blood vessels and block blood flow, which can cause pain and organ damage; and Whereas, Pain is the most common complication of sickle cell disease and the primary reason that people with the disease go to the emergency room or hospital; and Whereas, Sickle cell disease is a chronic condition that can affect any organ, including the kidneys, lungs, and spleen. Research indicates that patients experience many severe complications, including stroke, infections, and pulmonary embolism; and Whereas, There is no universal cure for sickle cell disease and only one available disease-modifying medication; and Whereas, Sickle cell disease is a genetic disorder that occurs in individuals who are born with two sickle cell genes, each inherited from one parent. An individual with only one sickle cell gene has “sickle cell trait,” which occurs in one out of every twelve African Americans and in one out of every 100 Latinos in the United States; and Whereas, According to the United States Department of Health and Human Services Office of Minority Health, approxi­ mately two million Americans carry the sickle cell trait. Many people who have sickle cell trait never know they have it and can live their entire lives without any complications from it; and Whereas, Complications in sickle cell trait are rare and individuals with sickle cell trait should not be excluded from physical activity, including sports, unless recommended by medical personnel. Instead, people should be educated about universal precautions including adequate hydration and proper conditioning before exertion, and also being familiar with the symptoms of overexertion; and Whereas, According to the Federal Centers for Disease Control and Prevention, it is estimated that more than 90,000 Americans have sickle cell disease. Sickle cell disease occurs in one out of every 500 African American births and in one out of every 36,000 Latino births; and Whereas, Individuals living with sickle cell disease encounter barriers to obtaining quality care and improving their quality of life. These barriers include limitations in geographic access to comprehensive care, the varied use of effective treatments, the high reliance on emergency care and public health programs, and the limited number of health care providers with knowledge and experience to manage and treat their illness; and Whereas, The Sickle Cell Anemia Control Act was signed into law in 1972 by President Richard Nixon after pledging that his administration would “reverse the record of neglect of the dreaded disease” by increasing funding for and expanding sickle cell anemia-related programs, including the development of comprehensive sickle cell centers; and Whereas, In 1975, the Sickle Cell Disease Association of America, Inc., and its member organizations under the leadership of Dr. Charles Whitten began organizing events in September to call attention to sickle cell conditions and the need to address the problem at national and local levels, and chose September as National Sickle Cell Awareness Month in order for the public to reflect on the children and adults whose lives, education, and careers have been affected by this disease; and Whereas, The effort to officially recognize Sickle Cell Awareness Month succeeded at the federal level in 1983 when the United States House of Representatives unanimously passed, and President Ronald Reagan signed; now, therefore, be it further Resolved, That special recognition be given for the November 30, 2016, diversity in clinical trial forum as sponsored by the Sickle Cell Disease Awareness Association of America, Michigan Chapter. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Introduction and Referral of Bills Senators Proos, Hansen, Jones, Kowall, Marleau, Pavlov, MacGregor, Emmons and Knollenberg introduced Senate Bill No. 1180, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 535 (MCL 750.535), as amended by 2014 PA 221. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Ananich, Young, Hertel, Gregory, Johnson, Knezek, Warren, Hopgood and Bieda introduced Senate Bill No. 1181, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by amending the heading of part 27 and by adding section 2711. The bill was read a first and second time by title and referred to the Committee on Natural Resources. No. 71] [November 29, 2016] JOURNAL OF THE SENATE 1809 By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator MacGregor as Chair­ person. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 1051, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21102 and 21104 (MCL 324.21102 and 324.21104). Senate Bill No. 1052, entitled A bill to amend 1984 PA 44, entitled “Motor fuels quality act,” by amending section 6 (MCL 290.646), as amended by 2006 PA 271. Senate Bill No. 1053, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21506a and 21508 (MCL 324.21506a and 324.21508), as amended by 2014 PA 416. Senate Bill No. 1179, entitled A bill to amend 1941 PA 207, entitled “Fire prevention code,” by amending section 5d (MCL 29.5d), as amended by 2006 PA 189. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 627, entitled A bill to authorize this state and certain public authorities to develop certain eligible projects and to enter into certain agreements; to impose certain conditions on those agreements; to impose certain powers and duties on certain state and local officials and employees; to authorize the financing of certain eligible projects; and to exempt certain property from certain taxes. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 879, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits 1810 JOURNAL OF THE SENATE [November 29, 2016] [No. 71 in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 1h and 1i (MCL 247.651h and 247.651i), section 1h as amended by 2008 PA 501 and section 1i as added by 2001 PA 259. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 973, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 537 (MCL 436.1537), as amended by 2013 PA 101. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Motions and Communications enator Kowall moved that rule 2.106 be suspended to allow committees to meet during Senate session. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess until 3:00 p.m. S The motion prevailed, the time being 12:25 p.m. The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Sena­ tor Schuitmaker. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 3:01 p.m. 3:09 p.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator MacGregor as Chair­ person. No. 71] [November 29, 2016] JOURNAL OF THE SENATE 1811 After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 1062, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 51e. Senate Bill No. 1063, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2015 PA 262. Senate Bill No. 1064, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 21 (MCL 205.111), as amended by 2015 PA 263. Senate Bill No. 1065, entitled A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 9 (MCL 125.2689), as amended by 2011 PA 315. Senate Bill No. 1155, entitled A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 28 (MCL 205.28), as amended by 2015 PA 10. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 1061, entitled A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2, 8a, 11, 13, 15, and 16 (MCL 125.2652, 125.2658a, 125.2661, 125.2663, 125.2665, and 125.2666), section 2 as amended by 2013 PA 67 and section 8a as added and sections 13, 15, and 16 as amended by 2012 PA 502, and by adding sections 13a and 14a. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 1085, entitled A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 88r (MCL 125.2088r), as amended by 2014 PA 506. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 1153, entitled A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding chapter 8D. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. 1812 JOURNAL OF THE SENATE [November 29, 2016] [No. 71 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 1154, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 703 and 711 (MCL 206.703 and 206.711), as amended by 2016 PA 158. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: Senate Bill No. 1061 Senate Bill No. 1062 Senate Bill No. 1063 Senate Bill No. 1064 Senate Bill No. 1065 Senate Bill No. 627 Senate Bill No. 1085 Senate Bill No. 1153 Senate Bill No. 1154 Senate Bill No. 1155 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: Senate Bill No. 1061, entitled A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2, 8a, 11, 13, 15, and 16 (MCL 125.2652, 125.2658a, 125.2661, 125.2663, 125.2665, and 125.2666), section 2 as amended by 2013 PA 67 and section 8a as added and sections 13, 15, and 16 as amended by 2012 PA 502, and by adding sections 13a and 14a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 631 Yeas—29 Ananich Hansen Jones Proos Bieda Hertel Knezek Robertson Booher Hildenbrand Kowall Schmidt Brandenburg Hood MacGregor Stamas Casperson Hopgood Meekhof Warren Conyers Horn Nofs Young Green Johnson O’Brien Zorn Gregory Nays—8 Colbeck Emmons Hune Pavlov Schuitmaker Knollenberg Rocca Shirkey Excused—1 Marleau No. 71] [November 29, 2016] JOURNAL OF THE SENATE 1813 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1062, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.713) by adding section 51e. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 632 Yeas—30 Ananich Hansen Knezek Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hood Meekhof Stamas Casperson Hopgood Nofs Warren Conyers Horn O’Brien Young Green Johnson Proos Zorn Gregory Jones Nays—7 Colbeck Emmons Hune Pavlov Shirkey Knollenberg Schuitmaker Excused—1 Marleau Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1063, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 25 (MCL 205.75), as amended by 2015 PA 262. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1814 JOURNAL OF THE SENATE [November 29, 2016] Roll Call No. 633 [No. 71 Yeas—29 Ananich Hansen Jones Proos Bieda Hertel Knezek Robertson Booher Hildenbrand Kowall Schmidt Brandenburg Hood MacGregor Stamas Casperson Hopgood Meekhof Warren Conyers Horn Nofs Young Green Johnson O’Brien Zorn Gregory Nays—8 Colbeck Emmons Hune Pavlov Schuitmaker Knollenberg Rocca Shirkey Excused—1 Marleau Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1064, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 21 (MCL 205.111), as amended by 2015 PA 263. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 634 Yeas—29 Ananich Hansen Jones Proos Bieda Hertel Knezek Robertson Booher Hildenbrand Kowall Schmidt Brandenburg Hood MacGregor Stamas Casperson Hopgood Meekhof Warren Conyers Horn Nofs Young Green Johnson O’Brien Zorn Gregory Nays—8 Colbeck Emmons Hune Pavlov Schuitmaker Knollenberg Rocca Shirkey No. 71] [November 29, 2016] JOURNAL OF THE SENATE 1815 Excused—1 Marleau Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1065, entitled A bill to amend 1996 PA 376, entitled “Michigan renaissance zone act,” by amending section 9 (MCL 125.2689), as amended by 2011 PA 315. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 635 Yeas—29 Ananich Hansen Jones Proos Bieda Hertel Knezek Robertson Booher Hildenbrand Kowall Schmidt Brandenburg Hood MacGregor Stamas Casperson Hopgood Meekhof Warren Conyers Horn Nofs Young Green Johnson O’Brien Zorn Gregory Nays—8 Colbeck Emmons Hune Pavlov Schuitmaker Knollenberg Rocca Shirkey Excused—1 Marleau Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. 1816 JOURNAL OF THE SENATE [November 29, 2016] [No. 71 The following bill was read a third time: Senate Bill No. 627, entitled A bill to authorize certain public authorities to develop certain eligible projects and to enter into certain agreements; to impose certain conditions on those agreements; to impose certain powers and duties on certain state and local officials and employees; to authorize the financing of certain eligible projects; and to exempt certain property from certain taxes. The question being on the passage of the bill, The bill was defeated, a majority of the members serving not voting therefor, as follows: Roll Call No. 636 Yeas—18 Booher Horn Meekhof Robertson Casperson Jones Nofs Schmidt Green Knollenberg O’Brien Stamas Hansen Kowall Proos Zorn Hildenbrand MacGregor Nays—19 Ananich Emmons Hune Schuitmaker Bieda Gregory Johnson Shirkey Brandenburg Hertel Knezek Warren Colbeck Hood Pavlov Young Conyers Hopgood Rocca Excused—1 Marleau Not Voting—0 In The Chair: O’Brien enator Kowall moved to reconsider the vote by which the bill was defeated. S The question being on the motion to reconsider, Senator Kowall moved that further consideration of the bill be postponed for today. The motion prevailed. The following bill was read a third time: Senate Bill No. 1085, entitled A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 88r (MCL 125.2088r), as amended by 2014 PA 506. The question being on the passage of the bill, The bill was defeated, a majority of the members serving not voting therefor, as follows: Roll Call No. 637 Yeas—19 Booher Hildenbrand Brandenburg Horn MacGregor Schmidt Meekhof Shirkey No. 71] [November 29, 2016] JOURNAL OF THE SENATE 1817 Casperson Jones O’Brien Stamas Green Knollenberg Proos Zorn Hansen Kowall Robertson Nays—18 Ananich Gregory Johnson Rocca Bieda Hertel Knezek Schuitmaker Colbeck Hood Nofs Warren Conyers Hopgood Pavlov Young Emmons Hune Excused—1 Marleau Not Voting—0 In The Chair: O’Brien enator Kowall moved to reconsider the vote by which the bill was defeated. S The question being on the motion to reconsider, Senator Kowall moved that further consideration of the bill be postponed for today. The motion prevailed. The following bill was read a third time: Senate Bill No. 1153, entitled A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding chapter 8D. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 638 Yeas—30 Ananich Hansen Knezek Rocca Bieda Hertel Kowall Schmidt Booher Hildenbrand MacGregor Schuitmaker Brandenburg Hood Meekhof Stamas Casperson Hopgood O’Brien Warren Conyers Horn Proos Young Green Johnson Robertson Zorn Gregory Jones Nays—7 Colbeck Hune Nofs Shirkey Emmons Knollenberg Pavlov 1818 JOURNAL OF THE SENATE [November 29, 2016] [No. 71 Excused—1 Marleau Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1154, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 703 and 711 (MCL 206.703 and 206.711), as amended by 2016 PA 158. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 639 Yeas—29 Ananich Hansen Jones Robertson Bieda Hertel Knezek Schmidt Booher Hildenbrand Kowall Schuitmaker Brandenburg Hood MacGregor Stamas Casperson Hopgood Meekhof Warren Conyers Horn O’Brien Young Green Johnson Proos Zorn Gregory Nays—8 Colbeck Hune Nofs Rocca Emmons Knollenberg Pavlov Shirkey Excused—1 Marleau Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1155, entitled A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of No. 71] [November 29, 2016] JOURNAL OF THE SENATE 1819 the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 28 (MCL 205.28), as amended by 2015 PA 10. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 640 Yeas—29 Ananich Hansen Jones Robertson Bieda Hertel Knezek Schmidt Booher Hildenbrand Kowall Schuitmaker Brandenburg Hood MacGregor Stamas Casperson Hopgood Meekhof Warren Conyers Horn O’Brien Young Green Johnson Proos Zorn Gregory Nays—8 Colbeck Hune Nofs Rocca Emmons Knollenberg Pavlov Shirkey Excused—1 Marleau Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that the Committee on Banking and Financial Institutions be discharged from further consideration of the following bill: House Bill No. 5147, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 315a and 376a (MCL 750.315a and 750.376a), as amended by 2014 PA 400. The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders. Senator Kowall moved that the bill be referred to the Committee on Regulatory Reform. The motion prevailed. 1820 JOURNAL OF THE SENATE [November 29, 2016] [No. 71 he Secretary announced that the Majority Leader has made the appointments of the following standing committees: T Agriculture - Senator Ananich replacing Senator Johnson and Senator Ananich is now the Minority Vice Chair. Banking and Financial Institutions - Senator Conyers replacing Senator Young. Economic Development and International Investment - Senator Conyers replacing Senator Warren and Senator Conyers is now the Minority Vice Chair. Education - Senator Hopgood replacing Senator Knezek and Senator Hopgood is now the Minority Vice Chair. Energy and Technology - Senator Conyers replacing Senator Bieda. Transportation - Senator Conyers replacing Senator Hopgood and Senator Conyers is now the Minority Vice Chair. The standing committee appointments were approved, a majority of the members serving voting therefor. The following communication was received: Office of Senator David Knezek November 29, 2016 I am requesting that my name be removed as sponsor of Senate Bill 1098 and as co‑sponsor of Senate Bills 1097, 1099, and 1100, which were introduced on September 21, 2016. The aforementioned bills are currently awaiting action by the Senate on General Orders. Thank you for your consideration of this request and if you have any questions, please contact me at your earliest convenience. Sincerely, David Knezek The communication was referred to the Secretary for record. By unanimous consent the Senate proceeded to the order of Statements A moment of silence was observed in memory of Diana Bowdler, wife of River Rouge Mayor Michael Bowdler. Committee Reports The Committee on Government Operations reported Senate Bill No. 1127, entitled A bill to amend 1964 PA 284, entitled “City income tax act,” by amending sections 6 and 9 of chapter 1 and section 51 of chapter 2 (MCL 141.506, 141.509, and 141.651), section 9 of chapter 1 as added by 1996 PA 478 and section 51 of chapter 2 as amended by 1982 PA 124. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Arlan B. Meekhof Chairperson To Report Out: Yeas: Senators Meekhof, Hansen, Kowall and Hood Nays: None The bill was referred to the Committee of the Whole. The Committee on Government Operations reported House Bill No. 4686, entitled A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” by amending section 2a (MCL 691.1402a), as amended by 2012 PA 50. No. 71] [November 29, 2016] JOURNAL OF THE SENATE 1821 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Arlan B. Meekhof Chairperson To Report Out: Yeas: Senators Meekhof, Hansen and Kowall Nays: Senator Hood The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Government Operations submitted the following: T Meeting held on Wednesday, November 9, 2016, at 4:30 p.m., Rooms 402 and 403, Capitol Building Present: Senators Meekhof (C), Hansen, Kowall and Hood Excused: Senator Ananich The Committee on Transportation reported House Bill No. 4423, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 627 (MCL 257.627), as amended by 2012 PA 252; and to repeal acts and parts of acts. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn and Pavlov Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Transportation reported House Bill No. 4424, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 627a and 633 (MCL 257.627a and 257.633), section 627a as amended by 2005 PA 88. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn and Pavlov Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Transportation reported House Bill No. 4425, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 628 (MCL 257.628), as amended by 2006 PA 85. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn and Pavlov Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. 1822 JOURNAL OF THE SENATE [November 29, 2016] [No. 71 The Committee on Transportation reported House Bill No. 4426, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 320a, 606, 608, 609, and 610 (MCL 257.320a, 257.606, 257.608, 257.609, and 257.610), section 320a as amended by 2012 PA 592 and section 606 as amended by 1980 PA 518. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Transportation reported House Bill No. 4427, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2103 (MCL 500.2103), as amended by 2002 PA 492. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Hopgood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, November 10, 2016, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov, Marleau and Hopgood The Committee on Veterans, Military Affairs and Homeland Security reported Senate Bill No. 1097, entitled A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” by amending section 2a (MCL 36.2a), as amended by 2016 PA 213. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons and Colbeck Nays: Senator Knezek The bill was referred to the Committee of the Whole. The Committee on Veterans, Military Affairs and Homeland Security reported Senate Bill No. 1098, entitled A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” (MCL 36.1 to 36.12) by adding section 9. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson No. 71] [November 29, 2016] JOURNAL OF THE SENATE 1823 To Report Out: Yeas: Senators O’Brien, Emmons and Colbeck Nays: Senator Knezek The bill was referred to the Committee of the Whole. The Committee on Veterans, Military Affairs and Homeland Security reported Senate Bill No. 1099, entitled A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” (MCL 36.1 to 36.12) by adding section 10. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons and Colbeck Nays: Senator Knezek The bill was referred to the Committee of the Whole. The Committee on Veterans, Military Affairs and Homeland Security reported Senate Bill No. 1100, entitled A bill to create the Michigan veterans’ facility authority; to develop and operate certain veterans’ facilities; to create funds and accounts; to authorize the issuing of bonds and notes; to prescribe the powers and duties of the authority and certain state departments and other state officials and employees; and to make appropriations and prescribe certain conditions for the appropriations. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons and Colbeck Nays: Senator Knezek The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Veterans, Military Affairs and Homeland Security submitted the following: T Meeting held on Thursday, November 10, 2016, at 9:00 a.m., Senate Appropriations Room, 3rd Floor, Capitol Building Present: Senators O’Brien (C), Emmons, Zorn, Colbeck and Knezek The Committee on Economic Development and International Investment reported Senate Bill No. 1085, entitled A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 88r (MCL 125.2088r), as amended by 2014 PA 506. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Kenneth B. Horn Chairperson To Report Out: Yeas: Senators Horn, Schmidt, Brandenburg, Stamas, Emmons, Warren and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. 1824 JOURNAL OF THE SENATE [November 29, 2016] [No. 71 The Committee on Economic Development and International Investment reported Senate Bill No. 1153, entitled A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” (MCL 125.2001 to 125.2094) by adding chapter 8D. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Kenneth B. Horn Chairperson To Report Out: Yeas: Senators Horn, Schmidt, Brandenburg, Stamas, Emmons, Warren and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Economic Development and International Investment reported Senate Bill No. 1154, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending sections 703 and 711 (MCL 206.703 and 206.711), as amended by 2016 PA 158. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Kenneth B. Horn Chairperson To Report Out: Yeas: Senators Horn, Schmidt, Brandenburg, Stamas, Emmons, Warren and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Economic Development and International Investment reported Senate Bill No. 1155, entitled A bill to amend 1941 PA 122, entitled “An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act,” by amending section 28 (MCL 205.28), as amended by 2015 PA 10. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Kenneth B. Horn Chairperson To Report Out: Yeas: Senators Horn, Schmidt, Brandenburg, Stamas, Emmons, Warren and Bieda Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Economic Development and International Investment submitted the following: T Meeting held on Tuesday, November 29, 2016, at 9:00 a.m., Room 210, Farnum Building Present: Senators Horn (C), Schmidt, Brandenburg, Stamas, Emmons, Warren and Bieda COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Tuesday, October 6, 2015, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood No. 71] [November 29, 2016] JOURNAL OF THE SENATE 1825 COMMITTEE ATTENDANCE REPORT he Committee on Natural Resources submitted the following: T Meeting held on Wednesday, May 18, 2016, at 12:30 p.m., Room 210, Farnum Building Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren Scheduled Meetings Appropriations - Wednesday, November 30, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-1801) Criminal Justice Policy Commission - Wednesday, December 7, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Energy and Technology - Thursday, December 1, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Families, Seniors and Human Services - Wednesday, November 30, 12:00 noon, Room 210, Farnum Building (373-5323) Michigan Competitiveness - Wednesday, November 30, 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5314) Natural Resources - Wednesday, November 30, 1:00 p.m., Room 210, Farnum Building (373-1721) Outdoor Recreation and Tourism - Wednesday, November 30, 1:00 p.m., Room 110, Farnum Building (373-5314) Oversight - Thursday, December 1, 8:30 a.m., Room 100, Farnum Building (373-5314) Regulatory Reform - Wednesday, November 30, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 3:46 p.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Wednesday, November 30, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1826 No. 72 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Wednesday, November 30, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Conyers—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—excused Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 1828 JOURNAL OF THE SENATE [November 30, 2016] [No. 72 everend Dr. Patricia Butler of St. Luke Tabernacle Community Church of Detroit offered the following invocation: R God of Abraham, Isaac, and Jacob, Thou who by wisdom founded the heavens and the earth, by knowledge created all things therein, and by Your infinite and omnipotent understanding of all things, we humble ourselves before You at the opening of this day. We ask You for Your divine guidance and direction as we seek to speak for those who have put their trust in us. Kind Father, grant us Thy wisdom so that we can discern that which is prudent, that which is truthful, and accurate. Lord, grant us Thy knowledge so that we can make decisions that meet the needs of the people. O God, grant us Thy understanding, leaning on Your divine Spirit to open our hearts and minds, that we may speak truth in love. Thank You for the honor and privilege of serving You by serving our fellow man. In the name of Jesus we pray. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Shirkey, Young, Green and Conyers entered the Senate Chamber. enator Kowall moved that Senator Brandenburg be temporarily excused from today’s session. S The motion prevailed. enator Bieda moved that Senators Ananich and Johnson be temporarily excused from today’s session. S The motion prevailed. enator Bieda moved that Senator Hood be excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Stamas and Colbeck admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that rule 2.106 be suspended to allow committees to meet during Senate session. S The motion prevailed, a majority of the members serving voting therefor. The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, November 29, for his approval the following bills: Enrolled Senate Bill No. 885 at 4:54 p.m. Enrolled Senate Bill No. 597 at 4:56 p.m. Enrolled Senate Bill No. 995 at 4:58 p.m. Enrolled Senate Bill No. 996 at 5:00 p.m. Enrolled Senate Bill No. 997 at 5:02 p.m. Enrolled Senate Bill No. 998 at 5:04 p.m. The Secretary announced that the following bills and joint resolution were printed and filed on Tuesday, November 29, and are available at the Michigan Legislature website: Senate Bill Nos. 1180 1181 House Bill Nos. 6051 6052 6053 6054 6055 6056 6057 6058 6059 6060 6061 6062 6063 6064 6065 6066 6067 6068 House Joint Resolution UU Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:05 a.m. No. 72] [November 30, 2016] JOURNAL OF THE SENATE 1829 10:33 a.m. Pursuant to rule 1.101, in the absence of the Presiding Officers, the Senate was called to order by the Secretary of the Senate. During the recess, Senators Brandenburg, Ananich and Johnson entered the Senate Chamber. Recess enator Kowall moved that the Senate recess until 2:30 p.m. S The motion prevailed, the time being 10:34 a.m. The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Sena­ tor Schuitmaker. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 2:31 p.m. 3:50 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today: Senate Bill No. 1055 Senate Bill No. 1056 Senate Bill No. 1109 Senate Bill No. 1175 Senate Bill No. 1176 House Bill No. 5504 The motion prevailed, a majority of the members serving voting therefor. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Hildenbrand as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 5542, entitled A bill to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,” by amending section 1 (MCL 780.621), as amended by 2014 PA 463. House Bill No. 5543, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 18e of chapter XIIA (MCL 712A.18e), as amended by 2012 PA 527. 1830 JOURNAL OF THE SENATE [November 30, 2016] [No. 72 House Bill No. 5544, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 451 and 462f (MCL 750.451 and 750.462f), section 451 as amended by 2014 PA 336 and section 462f as amended by 2014 PA 329. Senate Bill No. 1097, entitled A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” by amending section 2a (MCL 36.2a), as amended by 2016 PA 213. Senate Bill No. 1099, entitled A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” (MCL 36.1 to 36.12) by adding section 10. Senate Bill No. 1109, entitled A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 7 (MCL 24.207), as amended by 2011 PA 52. Senate Bill No. 1175, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7401 (MCL 333.7401), as amended by 2012 PA 183. Senate Bill No. 1176, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2016 PA 126. House Bill No. 5504, entitled A bill to amend 1998 PA 434, entitled “Uniform fraudulent transfer act,” by amending sections 1, 4, and 9 (MCL 566.31, 566.34, and 566.39), section 1 as amended by 2009 PA 44. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill: House Bill No. 4814, entitled A bill to provide for public electronic access to information through this state’s website; to require webpage posting of information about state departments, departmental subunits, and supervisors; to require standardized formats for displaying information, including functions, contact information, and organizational charts; and to provide for the powers and duties of certain state governmental officers and entities. The following is the amendment recommended by the Committee of the Whole: 1. Amend page 2, line 21, after “name” by inserting a comma and “position title, classified or nonclassified civil service distinction,”. The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 1047, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 11a. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. No. 72] [November 30, 2016] JOURNAL OF THE SENATE 1831 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 1117, entitled A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending sections 21, 21a, and 464 (MCL 280.21, 280.21a, and 280.464), section 21 as amended by 2007 PA 51 and section 21a as added and section 464 as amended by 1989 PA 134. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5128, entitled A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2015 PA 20. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 1098, entitled A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” (MCL 36.1 to 36.12) by adding section 9. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 1100, entitled A bill to create the Michigan veterans’ facility authority; to develop and operate certain veterans’ facilities; to create funds and accounts; to authorize the issuing of bonds and notes; to prescribe the powers and duties of the authority and certain state departments and other state officials and employees; and to make appropriations and prescribe certain conditions for the appropriations. Substitute (S-1). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 4, line 26, after “business.” by striking out the balance of the line through “voting.” on line 3 of page 5. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 1055, entitled A bill to amend 1984 PA 379, entitled “An act to define and regulate certain credit card transactions, agreements, charges, and disclosures; to prescribe the powers and duties of the financial institutions bureau and certain state agencies; to provide for the promulgation of rules; and to provide for fines and penalties,” by amending section 1 (MCL 493.101). Substitute (S-1). The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 2, line 4, after “credit” by striking out the balance of the subdivision and inserting “FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES THAT IS made to the holder of a credit card or charge card which loan or extension of credit is accessed in connection with a credit card or charge card authorized by this act.”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 1056, entitled A bill to amend 2006 PA 250, entitled “Money transmission services act,” by amending section 4 (MCL 487.1004). Substitute (S-1). 1832 JOURNAL OF THE SENATE [November 30, 2016] [No. 72 The following is the amendment to the substitute recommended by the Committee of the Whole: 1. Amend page 2, line 12, by striking out all of subdivision (E) and inserting: “(E) A PERSON ACTING AS AN AGENT FOR AN ENTITY DESCRIBED IN SUBDIVISION (D) TO THE EXTENT THAT THE PERSON’S ACTIONS ARE WITHIN THE SCOPE OF THAT AGENCY RELATIONSHIP.”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 4:07 p.m. 4:27 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. By unanimous consent the Senate returned to the order of Third Reading of Bills enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 1085 Senate Bill No. 879 Senate Bill No. 1051 Senate Bill No. 1052 Senate Bill No. 1053 Senate Bill No. 1179 Senate Bill No. 973 The motion prevailed. enator Kowall moved that Senator Green be excused from the balance of today’s session. S The motion prevailed. Senate Bill No. 1085, entitled A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 88r (MCL 125.2088r), as amended by 2014 PA 506. (This bill was defeated on November 29 and the motion to reconsider the vote postponed. See Senate Journal No. 71, p. 1816.) The question being on the motion to reconsider the vote by which the bill was defeated, The motion prevailed. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 641 Yeas—23 Booher Jones Nofs Schuitmaker Brandenburg Knollenberg O’Brien Shirkey Casperson Kowall Pavlov Stamas Hansen MacGregor Proos Warren Hildenbrand Marleau Robertson Zorn Horn Meekhof Schmidt No. 72] [November 30, 2016] JOURNAL OF THE SENATE 1833 Nays—13 Ananich Emmons Hopgood Knezek Bieda Gregory Hune Rocca Colbeck Hertel Johnson Young Conyers Excused—2 Green Hood Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 879, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 1h and 1i (MCL 247.651h and 247.651i), section 1h as amended by 2008 PA 501 and section 1i as added by 2001 PA 259. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 642 Ananich Bieda Yeas—36 Hansen Hertel Knollenberg Robertson Kowall Rocca 1834 JOURNAL OF THE SENATE [November 30, 2016] Booher Hildenbrand Brandenburg Hopgood Casperson Horn Colbeck Hune Conyers Johnson Emmons Jones Gregory Knezek [No. 72 MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—2 Green Hood Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1051, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21102 and 21104 (MCL 324.21102 and 324.21104). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 643 Yeas—35 Ananich Hertel Kowall Rocca Bieda Hildenbrand MacGregor Schmidt Booher Hopgood Marleau Schuitmaker Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Knollenberg Robertson Nays—1 Colbeck Excused—2 Green Hood No. 72] [November 30, 2016] JOURNAL OF THE SENATE 1835 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1052, entitled A bill to amend 1984 PA 44, entitled “Motor fuels quality act,” by amending section 6 (MCL 290.646), as amended by 2006 PA 271. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 644 Yeas—34 Ananich Hertel Kowall Robertson Bieda Hildenbrand MacGregor Rocca Booher Hopgood Marleau Schmidt Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Knollenberg Nays—2 Colbeck Schuitmaker Excused—2 Green Hood Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1053, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21506a and 21508 (MCL 324.21506a and 324.21508), as amended by 2014 PA 416. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1836 JOURNAL OF THE SENATE [November 30, 2016] Roll Call No. 645 [No. 72 Yeas—29 Ananich Hildenbrand Kowall Proos Bieda Hopgood MacGregor Robertson Booher Horn Marleau Schmidt Casperson Johnson Meekhof Shirkey Conyers Jones Nofs Stamas Gregory Knezek O’Brien Warren Hansen Knollenberg Pavlov Young Hertel Nays—7 Brandenburg Emmons Colbeck Hune Rocca Zorn Schuitmaker Excused—2 Green Hood Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1179, entitled A bill to amend 1941 PA 207, entitled “Fire prevention code,” by amending section 5d (MCL 29.5d), as amended by 2006 PA 189. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 646 Yeas—34 Ananich Hertel Kowall Robertson Bieda Hildenbrand MacGregor Rocca Booher Hopgood Marleau Schmidt Brandenburg Horn Meekhof Shirkey Casperson Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Knollenberg No. 72] [November 30, 2016] JOURNAL OF THE SENATE 1837 Nays—2 Colbeck Schuitmaker Excused—2 Green Hood Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 973, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 537 (MCL 436.1537), as amended by 2013 PA 101. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 647 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Colbeck Hune Conyers Johnson Emmons Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—2 Green Hood Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. 1838 JOURNAL OF THE SENATE [November 30, 2016] [No. 72 By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senators Hopgood, Ananich, Knezek, Johnson, Bieda and Gregory introduced Senate Bill No. 1182, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 57aa. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senators Hopgood, Ananich, Knezek, Johnson, Bieda and Gregory introduced Senate Bill No. 1183, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 32d (MCL 388.1632d), as amended by 2016 PA 249. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senators Hopgood, Ananich, Knezek, Johnson, Bieda and Gregory introduced Senate Bill No. 1184, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 57dd. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senators Hopgood, Ananich, Knezek, Johnson, Bieda and Gregory introduced Senate Bill No. 1185, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” (MCL 400.1 to 400.119b) by adding section 57cc. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. Senators Ananich, Hopgood, Knezek, Johnson, Bieda and Gregory introduced Senate Bill No. 1186, entitled A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” (MCL 722.111 to 722.128) by adding section 16a. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. House Bill No. 5400, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2701, 2705, 5119, 16327, 17201, 17210, 17211, 17212, 17221, 17607, 17708, 17745, 17820, 17822, and 20201 (MCL 333.2701, 333.2705, 333.5119, 333.16327, 333.17201, 333.17210, 333.17211, 333.17212, 333.17221, 333.17607, 333.17708, 333.17745, 333.17820, 333.17822, and 333.20201), sections 2701 and 2705 as amended by 2014 PA 172, section 5119 as amended by 2016 PA 66, section 16327 as amended by 2009 PA 216, sections 17211 and 17221 as amended by 2006 PA 409, section 17212 as added by 1996 PA 355, section 17607 as added by 2008 PA 524, section 17708 as amended by 2016 PA 49, section 17745 as amended by 2014 PA 525, section 17820 as amended by 2014 PA 260, section 17822 as amended by 2005 PA 281, and section 20201 as amended by 2011 PA 210, and by adding sections 17211a and 17214. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Health Policy. House Bill No. 5748, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 5861 and 5863 (MCL 333.5861 and 333.5863), section 5863 as amended by 2015 PA 91. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Finance. No. 72] [November 30, 2016] JOURNAL OF THE SENATE 1839 House Bill No. 5847, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending sections 302, 352, 354, 355, 356, 358, and 367b (MCL 18.1302, 18.1352, 18.1354, 18.1355, 18.1356, 18.1358, and 18.1367b), sections 352, 354, 355, and 356 as amended by 1999 PA 8, section 358 as amended by 2014 PA 188, and section 367b as amended by 2011 PA 47; and to repeal acts and parts of acts. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 5876, entitled A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” by amending sections 2a and 8 (MCL 36.2a and 36.8), section 2a as amended by 2016 PA 213 and section 8 as amended by 2011 PA 283, and by adding section 1a. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. House Bill No. 5889, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4a (MCL 205.54a), as amended by 2012 PA 126. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Agriculture. House Bill No. 5890, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4 (MCL 205.94), as amended by 2012 PA 474. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Agriculture. Committee Reports The Committee on Education reported House Bill No. 5753, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1321 (MCL 380.1321), as amended by 2008 PA 1. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Booher and Colbeck Nays: Senator Knezek The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, November 29, 2016, at 12:00 p.m., Room 110, Farnum Building Present: Senators Pavlov (C), Booher, Colbeck and Knezek Absent: None Excused: Senator Knollenberg The Committee on Banking and Financial Institutions reported Senate Bill No. 1055, entitled A bill to amend 1984 PA 379, entitled “An act to define and regulate certain credit card transactions, agreements, charges, and disclosures; to prescribe the powers and duties of the financial institutions bureau and certain state agencies; to provide for the promulgation of rules; and to provide for fines and penalties,” by amending section 1 (MCL 493.101). 1840 JOURNAL OF THE SENATE [November 30, 2016] [No. 72 ith the recommendation that the substitute (S-1) be adopted and that the bill then pass. W The committee further recommends that the bill be given immediate effect. Darwin L. Booher Chairperson To Report Out: Yeas: Senators Booher, O’Brien, Nofs, Zorn, MacGregor, Rocca, Hertel and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Banking and Financial Institutions reported Senate Bill No. 1056, entitled A bill to amend 2006 PA 250, entitled “Money transmission services act,” by amending section 4 (MCL 487.1004). With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Darwin L. Booher Chairperson To Report Out: Yeas: Senators Booher, O’Brien, Nofs, Zorn, MacGregor, Rocca, Hertel and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Banking and Financial Institutions submitted the following: T Meeting held on Tuesday, November 29, 2016, at 1:30 p.m., Room 100, Farnum Building Present: Senators Booher (C), O’Brien, Nofs, Zorn, MacGregor, Rocca, Hertel and Young The Committee on Judiciary reported Senate Bill No. 1067, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 24 of chapter VII (MCL 767.24), as amended by 2014 PA 324. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 1080, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 411x. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 1081, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2013 PA 216. No. 72] [November 30, 2016] JOURNAL OF THE SENATE 1841 ith the recommendation that the substitute (S-1) be adopted and that the bill then pass. W The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 1109, entitled A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 7 (MCL 24.207), as amended by 2011 PA 52. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 1170, entitled A bill to amend 1985 PA 176, entitled “Child identification and protection act,” by amending sections 2 and 4 (MCL 722.772 and 722.774). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 1171, entitled A bill to amend 1935 PA 120, entitled “An act to prescribe a method for the fingerprinting of residents of the state; to provide for the recording and filing of the fingerprints by the central records division of the department of state police; and to impose a fee,” by amending section 1 (MCL 28.271), as amended by 1985 PA 175, and by adding section 4. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 1175, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7401 (MCL 333.7401), as amended by 2012 PA 183. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson 1842 JOURNAL OF THE SENATE [November 30, 2016] [No. 72 To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported Senate Bill No. 1176, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2016 PA 126. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5024, entitled A bill to create the impaired driving safety commission; to prescribe its powers and duties; to create the impaired driving safety commission fund; to provide for use of the fund; and to repeal acts and parts of acts. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5504, entitled A bill to amend 1998 PA 434, entitled “Uniform fraudulent transfer act,” by amending sections 1, 4, and 9 (MCL 566.31, 566.34, and 566.39), section 1 as amended by 2009 PA 44. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Tuesday, November 29, 2016, at 2:00 p.m., Rooms 402 and 403, Capitol Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda The Committee on Finance reported Senate Bill No. 860, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2015 PA 161. No. 72] [November 30, 2016] JOURNAL OF THE SENATE 1843 ith the recommendation that the substitute (S-1) be adopted and that the bill then pass. W The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Casperson, Proos and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Finance reported Senate Bill No. 1162, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 680 (MCL 206.680), as amended by 2012 PA 70. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Casperson and Proos Nays: Senator Warren The bill was referred to the Committee of the Whole. The Committee on Finance reported Senate Bill No. 1163, entitled A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 117, 500, and 505 (MCL 208.1117, 208.1500, and 208.1505), section 117 as amended by 2011 PA 292, section 500 as amended by 2013 PA 233, and section 505 as amended by 2011 PA 305. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Casperson and Proos Nays: Senator Warren The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Finance submitted the following: T Meeting held on Tuesday, November 29, 2016, at 1:00 p.m., Room 210, Farnum Building Present: Senators Brandenburg (C), Robertson, Knollenberg, Casperson, Proos, Bieda and Warren The Committee on Health Policy reported House Bill No. 4235, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 2617a. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill was referred to the Committee of the Whole. 1844 JOURNAL OF THE SENATE [November 30, 2016] [No. 72 The Committee on Health Policy reported House Bill No. 5326, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7333a, 7422, 17708, and 17757 (MCL 333.7333a, 333.7422, 333.17708, and 333.17757), section 7333a as amended by 2012 PA 44, section 7422 as added by 2014 PA 313, section 17708 as amended by 2016 PA 49, and section 17757 as amended by 2014 PA 525, and by adding section 17744e. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Tuesday, November 29, 2016, at 12:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Hune, O’Brien, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Excused: Senator Marleau COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, November 9, 2016, at 3:00 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol  Build­ing Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Absent: None Excused: Senator Green COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, November 29, 2016, at 12:00 noon, Room 100, Farnum Building Present: Senators Zorn (C), Proos and Young Absent: None Excused: Senators Brandenburg and Rocca Scheduled Meetings Agriculture - Thursday, December 1, 8:30 a.m., Room 110, Farnum Building (373-5323) Criminal Justice Policy Commission - Wednesday, December 7, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Energy and Technology - Thursday, December 1, 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-1721) Oversight - Thursday, December 1, 8:30 a.m., Room 100, Farnum Building (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 4:49 p.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Thursday, December 1, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 73 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Thursday, December 1, 2016. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Conyers—present Emmons—present Green—excused Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—excused Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 1846 JOURNAL OF THE SENATE [December 1, 2016] [No. 73 astor Dennis Clanton of Woodland Church of Brownstown offered the following invocation: P Gracious and faithful God, thank You for last night’s rest that You blessed us with. Thank You for Your faithful care. We find ourselves renewed each and every day by Your tender mercies. We thank You for the liberty, the freedom that we enjoy to assemble to work for the welfare, the peace, and the prosperity of our state. Grant us clarity of thought, honest convictions to labor for You and those we serve. As the Scriptures say, we commit our ways to You, O Lord. We also trust in You and You will bring Your plans to pass. Bless these good men and women today, I pray, as we wait patiently upon You and work for You. In Christ’s name. Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Hopgood and Nofs entered the Senate Chamber. enator Kowall moved that Senators Booher, Hildenbrand and Knollenberg be temporarily excused from today’s session. S The motion prevailed. enator Kowall moved that Senator Green be excused from today’s session. S The motion prevailed. Senator Booher entered the Senate Chamber. enator Young moved that Senator Johnson be temporarily excused from today’s session. S The motion prevailed. enator Young moved that Senator Hood be excused from today’s session. S The motion prevailed. The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, November 30: House Bill Nos. 5033 5282 5400 5533 5702 5720 5748 5774 5782 5806 5824 5825 5847 5876 5877 5889 5890 The Secretary announced that the following bills were printed and filed on Wednesday, November 30, and are available at the Michigan Legislature website: Senate Bill Nos. 1182 1183 1184 1185 1186 House Bill Nos. 6069 6070 6071 6072 6073 6074 6075 6076 6077 6078 6079 6080 6081 6082 6083 6084 6085 6086 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:05 a.m. 10:19 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senators Johnson, Knollenberg and Hildenbrand entered the Senate Chamber. Senators Young, Brandenburg and O’Brien asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. No. 73] [December 1, 2016] JOURNAL OF THE SENATE 1847 enator Young’s statement is as follows: S Colleagues, I rise today so that we can take a moment to remember a courageous man who woke up every single day of his life hoping to make a difference in his community. I’d like to quote English author Albert Pike who once said, “What we do for ourselves dies with us. What we do for others and the world remains and is immortal.” Without a doubt, Wayne State Police Officer Collin Rose’s legacy will live on in each of us in the community. A dedicated public servant, Officer Rose answered the call to duty and accepted the risk that so many police officers face when he put on his uniform every morning. He shared a commitment to something larger than himself and was dedicated to the law. A resident of St. Clair Shores and a native of Richland, Officer Rose was an influential leader in many communities across Michigan, but he worked in my district, the city of Detroit. He served with the Wayne State University Police Depart­ ment for five and a half years, and if you’re a Wayne State police officer, you’re also a Detroit police officer. As a canine officer with the agency, he relentlessly worked to make sure students and teachers were kept safe, and often with no guarantee of a “thank you” or an acknowledgement of his service. I am standing here today to say “thank you” because when most people run away from danger, he ran towards it. When most people run away from gunfire, he ran towards it. He, along with everybody who serves as a police officer, redefines what it is to be a hero because, usually, heroes are defined with someone who will lay down their life for their friends or for their loved ones. Collin Rose was willing to lay down his life for people he didn’t even know, because when Officer Rose was fatally wounded on November 23, he was fulfilling his commitment to uphold the rule of law. He deserves our respect and our gratitude. We need to honor his memory with actions and truth and rededicate ourselves to making Michigan a safer place to live, work, and raise a family, just as he did. Scripture says, “Blessed are those who mourn, for they shall be comforted.” Officer Rose’s memory will live on in all of us, and the grateful students, faculty, and staff of Wayne State University. I know that those of us who live in Detroit will also forever be grateful for his service. I just want to say in conclusion a quote that I always use and I think it is very appropriate here: “Man should not aspire to stand on top of the world, but should stoop down and lift mankind higher.” That is what Collin Rose did for this state and for this nation. enator Brandenburg’s statement is as follows: S On November 23, a terrible tragedy has once again struck our community. Former St. Clair Shores resident and Wayne State University Police Canine Officer Collin Rose was brutally murdered in the line of duty while responding to a call for help. He was simply doing his job, showing up when called upon. It seems that all too often, we are burying our heroes in blue, the people who protect us the most. My deepest sympathy and condolences go out to Officer Rose’s family during this awfully tragic and most difficult time. enator O’Brien’s statement is as follows: S As you can see, one life can touch so many. We had a man who spent most of his life in Kalamazoo County, lived in the district of Senator Brandenburg, and worked in the district of Senator Young. We know that all across the state, people are mourning because he has touched so many people in so many places. Sergeant Rose was the first Wayne State police officer to be killed in the line of duty. He was a five-year veteran of the police force and was a well-known canine officer. Sergeant Rose was engaged to be married to his fiancé Nikki next October, and he was one credit away from finishing his master’s degree in police administration from Wayne State Uni­ver­sity. Sergeant Rose was born and raised in my community and he took his first job in law enforcement protecting the small village of Richland in Kalamazoo County. In high school, he was the football captain at Gull Lake High School where he graduated in 2006. While in high school, he took courses in criminal justice and interned at Richland’s police department, participating in patrols where he could and helping maintain computers for the seven-officer department. He was remembered by the Richland Police Chief as an exceptional man with a limitless future, an All-American student, and an employee who was intelligent and worked hard. Sergeant Rose left Kalamazoo to attend Ferris State University to get his degree before coming back to the department. Within a year, he went to Wayne State University because he wanted to work in a bigger department. Sergeant Rose was remembered for his optimism, and his selfless attitude. He always insisted on attending the funerals of other officers all around the state and country. He was a canine handler who also was extremely involved in the community. A couple months ago, Rose organized a memorial for slain Detroit Police Officer Patrick Hill who died of a gunshot wound he had suffered in the line of duty in 2013. Sergeant Rose named one of his canine dogs Wolverine after the police officer’s nickname. He also handled Clyde, the only narcotic-sniffing Rottweiler in the Great Lakes region, for the last three years. The Wayne State University Police Department has awarded Sergeant Collin Rose the Citation of Valor, the highest award issued by the department, to honor the type of officer that he was. Only three others have received this award since the incep­ tion of the police department. Sergeant Collin Rose was also posthumously promoted to the rank of sergeant and head of the K-9 unit. Additionally, Wayne State University President Roy Wilson has announced the creation of a $25,000 scholarship in Sergeant Rose’s name. 1848 JOURNAL OF THE SENATE [December 1, 2016] [No. 73 As you can see, this tragedy is felt by all of us, Officer Rose’s family, friends, and coworkers. He leaves behind a family in mourning. He leaves his fiancé Nikki Salgot, his parents Randy and Karen Rose, his brother Curtis, and many more family members. It’s with a heavy heart that we will mourn him today at his funeral and tomorrow at a mass memorial in my community. Yesterday, there was a visitation at Ford Field attended by thousands. A moment of silence was observed in memory of Wayne State University Police Officer Collin Rose. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:28 a.m. 11:07 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. By unanimous consent the Senate proceeded to the order of Third Reading of Bills Senate Bill No. 627, entitled A bill to authorize certain public authorities to develop certain eligible projects and to enter into certain agreements; to impose certain conditions on those agreements; to impose certain powers and duties on certain state and local officials and employees; to authorize the financing of certain eligible projects; and to exempt certain property from certain taxes. (This bill was defeated on November 29 and the motion to reconsider the vote postponed. See Senate Journal No. 71, p. 1816.) The question being on the motion to reconsider the vote by which the bill was defeated, The motion prevailed. The question being on the passage of the bill, Senator Hertel offered the following amendment: 1. Amend page 6, following line 9, by inserting: “(4) A public authority shall hold a public hearing not less than every 5 years after the completion of an eligible project to conduct a public review of the eligible project.”. The amendment was adopted, a majority of the members serving voting therefor. Senator Hertel offered the following amendment: 1. Amend page 12, following line 5, by inserting: “(7) Notwithstanding any other provision of this act, if any property of a public authority is leased, at the conclusion of the lease the property remains property of the public authority.”. The amendment was adopted, a majority of the members serving voting therefor. Senator Hertel offered the following amendment: 1. Amend page 14, following line 15, by inserting: “(3) A public-private agreement may not prohibit a public authority from constructing, repairing, reconstructing, or expanding a facility that competes for user fees with the eligible facility developed under the public-private agreement.”. The amendment was adopted, a majority of the members serving voting therefor. Senator Hertel offered the following amendment: 1. Amend page 3, line 2, after the first “state” by striking out the balance of the subdivision and inserting a comma and “a state department, or a state agency.”. The amendment was adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 648 Ananich Booher Yeas—30 Hopgood Horn Marleau Schmidt Meekhof Schuitmaker No. 73] [December 1, 2016] JOURNAL OF THE SENATE 1849 Casperson Johnson Nofs Shirkey Conyers Jones O’Brien Stamas Gregory Knezek Pavlov Warren Hansen Knollenberg Proos Young Hertel Kowall Robertson Zorn Hildenbrand MacGregor Nays—6 Bieda Colbeck Hune Rocca Brandenburg Emmons Excused—2 Green Hood Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 5542 House Bill No. 5543 House Bill No. 5544 House Bill No. 4814 Senate Bill No. 1047 Senate Bill No. 1117 House Bill No. 5128 Senate Bill No. 1097 Senate Bill No. 1098 Senate Bill No. 1099 Senate Bill No. 1100 Senate Bill No. 1055 Senate Bill No. 1056 Senate Bill No. 1109 Senate Bill No. 1175 Senate Bill No. 1176 House Bill No. 5504 The motion prevailed. The following bill was read a third time: House Bill No. 5542, entitled A bill to amend 1965 PA 213, entitled “An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties,” by amending section 1 (MCL 780.621), as amended by 2014 PA 463. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1850 Roll Call No. 649 JOURNAL OF THE SENATE [December 1, 2016] [No. 73 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Colbeck Hune Conyers Johnson Emmons Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—2 Green Hood Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5543, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 18e of chapter XIIA (MCL 712A.18e), as amended by 2012 PA 527. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 650 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Colbeck Hune Conyers Johnson Emmons Jones Gregory Knezek Nays—0 Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn No. 73] [December 1, 2016] JOURNAL OF THE SENATE 1851 Excused—2 Green Hood Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5544, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 451 and 462f (MCL 750.451 and 750.462f), section 451 as amended by 2014 PA 336 and section 462f as amended by 2014 PA 329. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 651 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Colbeck Hune Conyers Johnson Emmons Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—2 Green Hood In The Chair: Schuitmaker Not Voting—0 1852 JOURNAL OF THE SENATE [December 1, 2016] [No. 73 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4814, entitled A bill to provide for public electronic access to information through this state’s website; to require webpage posting of information about state departments, departmental subunits, and supervisors; to require standardized formats for displaying information, including functions, contact information, and organizational charts; and to provide for the powers and duties of certain state governmental officers and entities. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 652 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Colbeck Hune Conyers Johnson Emmons Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—2 Green Hood Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1047, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 11a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 73] [December 1, 2016] JOURNAL OF THE SENATE Roll Call No. 653 1853 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Colbeck Hune Conyers Johnson Emmons Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—2 Green Hood Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1117, entitled A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending section 464 (MCL 280.464), as amended by 1989 PA 134. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 654 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Colbeck Hune Conyers Johnson Emmons Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—2 Green Hood 1854 JOURNAL OF THE SENATE [December 1, 2016] [No. 73 Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5128, entitled A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2015 PA 20. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 655 Yeas—35 Ananich Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Knollenberg Robertson Nays—1 Bieda Excused—2 Green Hood Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for a state employees’ retirement system; to create a state employees’ retirement board and prescribe its powers and duties; to establish certain funds in connection with the retirement system; to require contributions to the retirement system by and on behalf of members and participants of the retirement system; to create certain accounts and provide for expenditures from those accounts; to prescribe the powers and duties of certain state and local officers and employees and certain state departments and agencies; to prescribe and make appropriations for the retirement system; and to prescribe penalties and provide remedies,”. The Senate agreed to the full title. No. 73] [December 1, 2016] JOURNAL OF THE SENATE 1855 The following bill was read a third time: Senate Bill No. 1097, entitled A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” by amending section 2a (MCL 36.2a), as amended by 2016 PA 213. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 656 Yeas—24 Booher Horn Marleau Robertson Brandenburg Hune Meekhof Rocca Colbeck Jones Nofs Schmidt Emmons Knollenberg O’Brien Schuitmaker Hansen Kowall Pavlov Shirkey Hildenbrand MacGregor Proos Stamas Nays—12 Ananich Conyers Bieda Gregory Casperson Hertel Hopgood Warren Johnson Young Knezek Zorn Excused—2 Green Hood Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. Protest Senator Knezek, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill Nos. 1097, 1098, 1099, and 1100 and moved that the statement he made during the discussion of Senate Bill No. 1097 be printed as his reasons for voting “no.” The motion prevailed. Senator Knezek’s statement is as follows: As was mentioned by the Senator from the 29th District, there was a workgroup that was held this summer over a period of months that sought to bring about resolution to the problems that we’ve been experiencing in the Grand Rapids Home for Veterans. We have got two state homes for veterans in Michigan, one in Grand Rapids and one in Marquette. The one in Marquette is top of the line. The one in Grand Rapids, as we know, has been wrought with fraud and abuse. We’ve been treating our veterans like garbage, and in large part that’s because we’ve privatized the workers out there. So, you would think that this Legislature would respond to that inadequacy by not taking the same model that has failed our veterans in Grand Rapids and expand that model across five new veterans homes in the entire state of Michigan. 1856 JOURNAL OF THE SENATE [December 1, 2016] [No. 73 My colleague talked about the fact that we held a workgroup this summer and that this bill represented the findings of that workgroup. My friends, that is inaccurate. Three of the four legislators who sat on that workgroup this summer do not believe that these four bills correct the problems that we’re currently facing in our veterans homes today. Pick up the phone and call Representative McBroom, pick up the phone and call Representative Rutledge, or ask me. Three of the four of us who sat on this workgroup will tell you: these bills do not reflect the agreements that we came to this summer. These bills open the door for the privatization of not just a few workers, but all the workers in Grand Rapids, all of the workers in Marquette, and every single worker in every single veterans home that we will be opening under this act. Make no mistake, we need additional veterans homes in this state. We have 100,000 veterans in Wayne County and nothing for them. I agree 100 percent with the need for creating this authority to go out and compete for financial dollars, federal dollars, to aid in their construction. All we had to do was take the authority that we used for the construction of the Mackinac Bridge and replicate it for the construction of veterans homes here in Michigan. We chose not to do that. We asked for meetings, we asked for phone calls, we asked for the opportunity to work across the chamber and across the aisle and we were denied. I’m not sitting here trying to whine and cry about it, but my God. We can’t do anything in this chamber without making it partisan. Education issues, seniors, police, fire, we’re talking about veterans. We’re talking about giving veterans the quality of care that they deserve in this state and we can’t find it in our hearts to put aside the Democrat and the Republican and do the right thing. It makes me sick, and it should make every one of you sick as well because our constituents are watching at home and they want to know why we can’t put aside our differences and do the right thing for our veterans. I want these bills to pass with amendments. I want these bills to pass because we need our veterans to receive the care that they deserve, but these bills do not—they do not—reflect the agreements of our workgroup and these bills will not improve the quality of care for our veterans. Senator Hildenbrand asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Hildenbrand’s statement is as follows: I rise today, colleagues, to urge your support for Senate Bill Nos. 1097, 1098, 1099, and 1100. These bills will imple­ment and establish a new state-of-the-art long-term healthcare system and facilities for our state’s veterans and their spouses. As you all know, the state owns and operates two veterans homes, one in Marquette in the Upper Peninsula and the other in Grand Rapids. Combined, these facilities provide a wide range of housing and health care services from domiciliary to assisted living, nursing, medical, therapy, and end-of-life care for over 500 of our state’s veterans and their spouses. It is no secret that many issues, mostly related to the Grand Rapids Home, have been brought to our attention regarding the quality of care for our veterans—from the Auditor General’s findings, staffing issues and challenges, financial needs, and many others. In response to this, earlier this year the Governor called for a workgroup to study and make recommendations to address the long term care needs of our state’s veterans. I was honored to serve on this workgroup with a number of my legislative colleagues, other veterans, veterans’ advocates, and healthcare experts. The workgroup produced a set of recommendations which are represented in these four bills before you. The original act that created the current oversight structure of the homes was enacted in 1885—yes, 1885. Some changes have been made over the years, but the statute, and consequently the structure of the homes, no longer works. It is an old model that no longer effectively serves the health care needs of our state’s veterans in an era where health care standards change almost on a day-to-day basis. The bills before you are the result of many hours of the workgroup listening to feedback and researching models in other states. These bills, along with the necessary capital investments for new facilities and to improve and maintain our existing veterans homes while these new homes are constructed, will produce a high quality health care system for our veterans that we can all be proud of. I ask my colleagues to support these very important bills that will modernize and improve the long-term care for our state’s veterans. The following bill was read a third time: Senate Bill No. 1098, entitled A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” (MCL 36.1 to 36.12) by adding section 10. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 73] [December 1, 2016] JOURNAL OF THE SENATE Roll Call No. 657 1857 Yeas—24 Booher Horn Marleau Robertson Brandenburg Hune Meekhof Rocca Colbeck Jones Nofs Schmidt Emmons Knollenberg O’Brien Schuitmaker Hansen Kowall Pavlov Shirkey Hildenbrand MacGregor Proos Stamas Nays—12 Ananich Conyers Bieda Gregory Casperson Hertel Hopgood Warren Johnson Young Knezek Zorn Excused—2 Green Hood Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1099, entitled A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” (MCL 36.1 to 36.12) by adding section 10. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 658 Yeas—24 Booher Horn Marleau Robertson Brandenburg Hune Meekhof Rocca Colbeck Jones Nofs Schmidt Emmons Knollenberg O’Brien Schuitmaker Hansen Kowall Pavlov Shirkey Hildenbrand MacGregor Proos Stamas Nays—12 Ananich Conyers Bieda Gregory Casperson Hertel Hopgood Warren Johnson Young Knezek Zorn 1858 JOURNAL OF THE SENATE [December 1, 2016] [No. 73 Excused—2 Green Hood Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1100, entitled A bill to create the Michigan veterans’ facility authority; to develop and operate certain veterans’ facilities; to create funds and accounts; to authorize the issuing of bonds and notes; to prescribe the powers and duties of the authority and certain state departments and other state officials and employees; and to make appropriations and prescribe certain conditions for the appropriations. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 659 Yeas—24 Booher Horn Marleau Robertson Brandenburg Hune Meekhof Rocca Colbeck Jones Nofs Schmidt Emmons Knollenberg O’Brien Schuitmaker Hansen Kowall Pavlov Shirkey Hildenbrand MacGregor Proos Stamas Nays—12 Ananich Conyers Bieda Gregory Casperson Hertel Hopgood Warren Johnson Young Knezek Zorn Excused—2 Green Hood Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. No. 73] [December 1, 2016] JOURNAL OF THE SENATE 1859 The following bill was read a third time: Senate Bill No. 1055, entitled A bill to amend 1984 PA 379, entitled “An act to define and regulate certain credit card transactions, agreements, charges, and disclosures; to prescribe the powers and duties of the financial institutions bureau and certain state agencies; to provide for the promulgation of rules; and to provide for fines and penalties,” by amending section 1 (MCL 493.101). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 660 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Colbeck Hune Conyers Johnson Emmons Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—2 Green Hood Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1056, entitled A bill to amend 2006 PA 250, entitled “Money transmission services act,” by amending section 4 (MCL 487.1004). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 661 Yeas—36 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Gregory Knezek Proos Zorn 1860 JOURNAL OF THE SENATE [December 1, 2016] [No. 73 Nays—0 Excused—2 Green Hood Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1109, entitled A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 7 (MCL 24.207), as amended by 2011 PA 52. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 662 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Colbeck Hune Conyers Johnson Emmons Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—2 Green Hood Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. No. 73] [December 1, 2016] JOURNAL OF THE SENATE 1861 The following bill was read a third time: Senate Bill No. 1175, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7401 (MCL 333.7401), as amended by 2012 PA 183. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 663 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Colbeck Hune Conyers Johnson Emmons Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—2 Green Hood Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1176, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2016 PA 126. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 664 Yeas—36 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Gregory Knezek Proos Zorn 1862 JOURNAL OF THE SENATE [December 1, 2016] [No. 73 Nays—0 Excused—2 Green Hood Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5504, entitled A bill to amend 1998 PA 434, entitled “Uniform fraudulent transfer act,” by amending sections 1, 4, and 9 (MCL 566.31, 566.34, and 566.39), section 1 as amended by 2009 PA 44. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 665 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Colbeck Hune Conyers Johnson Emmons Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—2 Green Hood Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to define and regulate fraudulent transfers and conveyances; to set aside and modify certain transfers and conveyances; to make uniform the law of fraudulent transfers; and to repeal acts and parts of acts,”. The Senate agreed to the full title. No. 73] [December 1, 2016] JOURNAL OF THE SENATE 1863 Senator Kowall moved to reconsider the vote by which the following bill was passed: Senate Bill No. 627, entitled A bill to authorize certain public authorities to develop certain eligible projects and to enter into certain agreements; to impose certain conditions on those agreements; to impose certain powers and duties on certain state and local officials and employees; to authorize the financing of certain eligible projects; and to exempt certain property from certain taxes. The motion prevailed, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 666 Ananich Booher Casperson Conyers Gregory Hansen Hertel Yeas—28 Hildenbrand Kowall Robertson Hopgood MacGregor Schmidt Horn Marleau Schuitmaker Johnson Meekhof Stamas Jones Nofs Warren Knezek O’Brien Young Knollenberg Proos Zorn Nays—8 Bieda Colbeck Hune Rocca Brandenburg Emmons Pavlov Shirkey Excused—2 Green Hood Not Voting—0 In The Chair: Schuitmaker Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 11:55 a.m. 12:07 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today: Senate Bill No. 392 House Bill No. 4637 House Bill No. 4639 1864 JOURNAL OF THE SENATE [December 1, 2016] [No. 73 House Bill No. 4640 House Bill No. 4641 The motion prevailed, a majority of the members serving voting therefor. The following communication was received and read: Office of Senator Steven M. Bieda November 29, 2016 Per Senate Rule 1.110(c), I am requesting that my name be added immediately as a co‑sponsor to Senate Bill 1180 which was intro­duced on November 29, 2016, by Senator John Proos and is currently in the Senate Judiciary Committee. Sincerely, Steve Bieda State Senator 9th District The communication was referred to the Secretary for record. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Horn as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 392, entitled A bill to amend 1982 PA 432, entitled “Motor bus transportation act,” by amending the title and sections 1, 3, 4, 5, 7, 9, 15, 16, 17, 23, 27, 29, 32, 33, 34, 35, and 39 (MCL 474.101, 474.103, 474.104, 474.105, 474.107, 474.109, 474.115, 474.116, 474.117, 474.123, 474.127, 474.129, 474.132, 474.133, 474.134, 474.135, and 474.139), sections 3, 4, 5, 7, 17, 23, 27, 29, 33, 34, 35, and 39 as amended and section 32 as added by 1989 PA 233, section 9 as amended by 2012 PA 570, and section 16 as amended by 1996 PA 421, and by adding sections 10 and 38; and to repeal acts and parts of acts. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4637, entitled A bill to register persons and vehicles providing commercial passenger services using certain small motor vehicles; to provide for the powers and duties of certain state and local governmental officers and entities; to impose certain fees; and to prescribe penalties and provide remedies. Substitute (S-4). The following are the amendments to the substitute recommended by the Committee of the Whole: 1. Amend page 10, following line 4, by inserting: “(11) Beginning 3 years after the effective date of this act, the department shall cease to impose the fees provided for in this section.”. 2. Amend page 17, line 2, after “16.” by striking out the balance of the line through “fees.” on line 17 and inserting “An airport may enact ordinances and regulations governing a limousine carrier, taxicab carrier, or transportation network company that adopt reasonable procedures and fees for operations conducted by that limousine carrier, taxicab carrier, or transportation network company on airport property. An ordinance or regulation described in this section shall be consistent with industry standards, shall not impose requirements that have the effect of unreasonably impeding service, and shall not duplicate or contradict the requirements of this act.”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4639, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3009, 3037, 3101, and 3113 (MCL 500.3009, 500.3037, 500.3101, and 500.3113), section 3009 as amended by 1988 PA 43, section 3037 as amended No. 73] [December 1, 2016] JOURNAL OF THE SENATE 1865 by 1980 PA 461, section 3101 as amended by 2014 PA 492, and section 3113 as amended by 2014 PA 489, and by adding section 3017. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4640, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3114 (MCL 500.3114), as amended by 2002 PA 38. Substitute (S-2). The following are the amendments to the substitute recommended by the Committee of the Whole: 1. Amend page 2, line 26, by striking out all of subdivision (G) and inserting: “(G) A TRANSPORTATION NETWORK COMPANY VEHICLE.”. 2. Amend page 4, line 7, by striking out all of subsection (7) and inserting: “(7) AS USED IN THIS SECTION: (A) “PERSONAL VEHICLE”, “PREARRANGED RIDE”, AND “TRANSPORTATION NETWORK COMPANY DIGITAL NETWORK” MEAN THOSE TERMS AS DEFINED IN SECTION 2 OF THE LIMOUSINE, TAXICAB, AND TRANSPORTATION NETWORK COMPANY ACT. (B) “TRANSPORTATION NETWORK COMPANY VEHICLE” MEANS A PERSONAL VEHICLE WHILE THE DRIVER IS LOGGED ON TO THE TRANSPORTATION NETWORK COMPANY DIGITAL NETWORK OR WHILE THE DRIVER IS ENGAGED IN A PREARRANGED RIDE.”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4641, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 6 and 7 (MCL 257.6 and 257.7), section 6 as amended by 2002 PA 534, and by adding sections 12c, 40c, 43b, 76a, 76b, 76c, and 518a. Substitute (S-4). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: Senate Bill No. 392 House Bill No. 4637 House Bill No. 4639 House Bill No. 4640 House Bill No. 4641 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: Senate Bill No. 392, entitled A bill to amend 1982 PA 432, entitled “Motor bus transportation act,” by amending the title and sections 3, 4, 5, 7, 9, 15, 16, 17, 27, 29, 32, 33, 34, 35, and 39 (MCL 474.103, 474.104, 474.105, 474.107, 474.109, 474.115, 474.116, 474.117, 474.127, 474.129, 474.132, 474.133, 474.134, 474.135, and 474.139), sections 3, 4, 5, 7, 17, 27, 29, 33, 34, 35, and 39 as amended and section 32 as added by 1989 PA 233, section 9 as amended by 2012 PA 570, and section 16 as amended by 1996 PA 421, and by adding section 10; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1866 JOURNAL OF THE SENATE [December 1, 2016] Roll Call No. 667 [No. 73 Yeas—34 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune O’Brien Stamas Conyers Johnson Pavlov Warren Emmons Jones Proos Young Gregory Knezek Nays—2 Nofs Zorn Excused—2 Green Hood Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4637, entitled A bill to regulate transportation network companies, taxicabs, and certain limousines in this state; to provide for the powers and duties of certain state officers and entities; to prescribe penalties and provide remedies; and to repeal acts and parts of acts. he question being on the passage of the bill, T Senator Young offered the following amendment: 1. Amend page 16, line 19, after “45.” by inserting “This subsection does not apply to a city with a population over 600,000.”. The amendment was not adopted, a majority of the members serving not voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 668 Yeas—31 Ananich Gregory Bieda Hansen Booher Hertel Brandenburg Hildenbrand Casperson Hopgood Colbeck Horn Conyers Hune Emmons Jones Knezek Proos Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey O’Brien Stamas Pavlov No. 73] [December 1, 2016] JOURNAL OF THE SENATE 1867 Nays—4 Nofs Warren Young Zorn Excused—2 Green Hood Not Voting—1 Johnson In The Chair: Schuitmaker The Assistant President pro tempore, Senator O’Brien, assumed the Chair. he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”. The Senate agreed to the full title. 1868 JOURNAL OF THE SENATE [December 1, 2016] [No. 73 The following bill was read a third time: House Bill No. 4639, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3009, 3037, 3101, and 3113 (MCL 500.3009, 500.3037, 500.3101, and 500.3113), section 3009 as amended by 1988 PA 43, section 3037 as amended by 1980 PA 461, section 3101 as amended by 2014 PA 492, and section 3113 as amended by 2014 PA 489, and by adding section 3017. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 669 Yeas—33 Ananich Hansen Knezek Proos Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Rocca Brandenburg Hopgood MacGregor Schmidt Casperson Horn Marleau Schuitmaker Colbeck Hune Meekhof Shirkey Conyers Johnson O’Brien Stamas Emmons Jones Pavlov Young Gregory Nays—3 Nofs Warren Zorn Excused—2 Green Hood Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining No. 73] [December 1, 2016] JOURNAL OF THE SENATE 1869 those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4640, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3114 (MCL 500.3114), as amended by 2002 PA 38. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 670 Yeas—33 Ananich Hansen Knezek Proos Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Rocca Brandenburg Hopgood MacGregor Schmidt Casperson Horn Marleau Schuitmaker Colbeck Hune Meekhof Shirkey Conyers Johnson O’Brien Stamas Emmons Jones Pavlov Young Gregory Nays—3 Nofs Warren Zorn Excused—2 Green Hood In The Chair: O’Brien Not Voting—0 1870 JOURNAL OF THE SENATE [December 1, 2016] [No. 73 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4641, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 6 and 7 (MCL 257.6 and 257.7), section 6 as amended by 2002 PA 534, and by adding sections 12c, 25c, 25d, 40c, 67c, 67d, 76a, 76b, 76c, 76d, and 518b. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 671 Yeas—33 Ananich Hansen Knezek Proos Bieda Hertel Knollenberg Robertson Booher Hildenbrand Kowall Rocca Brandenburg Hopgood MacGregor Schmidt Casperson Horn Marleau Schuitmaker Colbeck Hune Meekhof Shirkey Conyers Johnson O’Brien Stamas Emmons Jones Pavlov Young Gregory Nays—3 Nofs Warren Zorn No. 73] [December 1, 2016] JOURNAL OF THE SENATE 1871 Excused—2 Green Hood Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title. Recess enator Kowall moved that the Senate recess until 1:45 p.m. S The motion prevailed, the time being 12:34 p.m. The Senate reconvened at the expiration of the recess and was called to order by the Assistant President pro tempore, Senator O’Brien. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 1:46 p.m. 2:20 p.m. The Senate was called to order by the President, Lieutenant Governor Calley. By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today: Senate Bill No. 1093 Senate Bill No. 1172 1872 JOURNAL OF THE SENATE [December 1, 2016] [No. 73 Senate Bill No. 339 Senate Bill No. 658 The motion prevailed, a majority of the members serving voting therefor. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Horn as Chairperson. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill: Senate Bill No. 1093, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 41302a (MCL 324.41302a), as added by 2014 PA 537. The bill was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 1172, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 3f (MCL 205.93f), as amended by 2014 PA 161. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 339, entitled A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” by amending the title and sections 2 and 9 (MCL 287.332 and 287.339), the title and section 9 as amended by 1997 PA 7, and by adding section 11; and to repeal acts and parts of acts. Substitute (S-2). The following are the amendments to the substitute recommended by the Committee of the Whole: 1. Amend page 3, line 23, after “MEMBERS” by inserting a comma and “WHO SHALL BE RESIDENTS OF THIS STATE,”. 2. Amend page 3, line 26, after “(A)” by striking out “TWO” and inserting “THREE”. 3. Amend page 4, following line 14, by inserting: “(F) AN INDIVIDUAL WHO IS A BREEDER SPECIALIZING IN BREEDS OF DOGS SPECIFIC TO HUNTING. (G) AN INDIVIDUAL REPRESENTING A STATEWIDE HUNTING ORGANIZATION.” and relettering the remaining subdivisions. 4. Amend page 4, line 16, after “(G)” by striking out “THREE” and inserting “TWO”. 5. Amend page 6, line 13, after “BREEDERS” by inserting “AND SHALL SUBMIT A COPY OF THE RECOMMENDATIONS TO THE CHAIRS OF THE SENATE AND HOUSE STANDING COMMITTEES ON AGRICULTURE”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 658, entitled A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending section 22 (MCL 287.1122), as amended by 2013 PA 8. Substitute (S-4). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. No. 73] [December 1, 2016] JOURNAL OF THE SENATE 1873 By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: Senate Bill No. 1093 Senate Bill No. 1172 Senate Bill No. 339 Senate Bill No. 658 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: Senate Bill No. 1093, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 41302a (MCL 324.41302a), as added by 2014 PA 537. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 672 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Colbeck Hune Conyers Johnson Emmons Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—0 Excused—2 Green Hood Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1172, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 3f (MCL 205.93f), as amended by 2014 PA 161. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1874 JOURNAL OF THE SENATE [December 1, 2016] Roll Call No. 673 [No. 73 Yeas—30 Ananich Hildenbrand MacGregor Robertson Bieda Hopgood Marleau Schmidt Booher Horn Meekhof Shirkey Casperson Johnson Nofs Stamas Conyers Jones O’Brien Warren Gregory Knezek Pavlov Young Hansen Knollenberg Proos Zorn Hertel Kowall Nays—6 Brandenburg Emmons Rocca Schuitmaker Colbeck Hune Excused—2 Green Hood Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 339, entitled A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” by amending the title and sections 2 and 9 (MCL 287.332 and 287.339), the title and section 9 as amended by 1997 PA 7, and by adding section 11; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 674 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Colbeck Hune Conyers Johnson Emmons Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn No. 73] [December 1, 2016] JOURNAL OF THE SENATE 1875 Nays—0 Excused—2 Green Hood Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 658, entitled A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending section 22 (MCL 287.1122), as amended by 2013 PA 8. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 675 Yeas—22 Booher Hildenbrand Meekhof Schmidt Brandenburg Horn Nofs Schuitmaker Casperson Hune O’Brien Shirkey Colbeck Jones Pavlov Stamas Emmons MacGregor Proos Zorn Hansen Marleau Nays—14 Ananich Hertel Knollenberg Rocca Bieda Hopgood Kowall Warren Conyers Johnson Robertson Young Gregory Knezek Excused—2 Green Hood Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. 1876 JOURNAL OF THE SENATE [December 1, 2016] [No. 73 Protest Senator Robertson, under his constitutional right of protest (Art. 4, Sec. 18), protested against the passage of Senate Bill No. 658 and moved that the statement he made during the discussion of the bill be printed as his reasons for voting “no.” The motion prevailed. Senator Robertson’s statement is as follows: Regrettably, I will be voting “no” on this legislation, based solely on concerns expressed by some constituents in my district—a small mom-and-pop operation that has animal attractions and they have expressed some concern. I see nothing hugely objectionable about the bill, but they want to continue working on the bill as it goes forward in this very busy lame duck session. I literally just got off the phone with them just a moment ago. I look forward to working with the sponsor and the chair of the committee on further action to amend the bill to their satisfaction. By unanimous consent the Senate returned to the order of Messages from the Governor The following message from the Governor was received on November 30, 2016, and read: EXECUTIVE ORDER No. 2016-23 Michigan Strategic Fund Michigan State Housing Development Authority State Land Bank Fast Track Authority Department of Talent and Economic Development Amendment to Executive Order 2014-12 Executive Reorganization WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that he considers necessary for efficient administration; and WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor unless otherwise provided by the Constitution; and WHEREAS, there is a continued need to reorganize functions among state departments to ensure efficient administration; and WHEREAS, the strategic alignment of skilled talent and resources used for the administration of state and federal programs is critical to the effective and efficient administration of state government; and NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the powers and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I. DEFINITIONS As used in this Order: A. “Community Development Block Grant Program” or “CDBG Program” means the Michigan Strategic Fund Program created under Title I of the Housing and Community Development Act of 1974, 42 USC. 5301, 24 CFR 570. B. “Department of Talent and Economic Development” or “Department” means the principal department of state govern­ ment created under Section II of Executive Order 2014-12, MCL 125.1995. C. “Michigan Economic Development Corporation” means the public body corporate created under the Urban Coopera­ tion Act of 1967, 1967 (Ex Session) PA 7, MCL 124.501 to 124.512, by a constitutional interlocal agreement effective April 5, 1999, as amended, between the Michigan Strategic Fund and local participating economic development corporations formed under the Economic Development Corporations Act, 1974 PA 338, MCL 125.1601 to 125.1636. D. “Michigan Main Street Program” means the Michigan Strategic Fund program affiliated with the National Main Street Center, a division of the National Trust for Historic Preservation, a privately funded nonprofit organization created by the National Historic Preservation Act of 1966, as amended, 16 USC 470 et seq. E. “Michigan State Housing Development Authority” or “Authority” means the public body corporate and politic created under Section 21 of the State Housing Development Authority Act of 1966, 1966 PA 346, MCL 125.1421. No. 73] [December 1, 2016] JOURNAL OF THE SENATE 1877 F. “Michigan Strategic Fund” means the public body corporate and politic created under Section 5 of 1984 PA 270, MCL 125.2005. G. “Programs” means, collectively, the Community Development Block Grant Program and the Michigan Main Street Program. H. “State Budget Director” means the individual appointed by the Governor pursuant to Section 321 of The Manage­ment and Budget Act, 1984 PA 431, MCL 18.1321. I. “State Land Bank Fast Track Authority” means the public body corporate and politic created under Section 15 of the Land Bank Fast Track Act , 2003 PA 258, MCL 124.765. II.  TRANSFER OF PROGRAMS’ ADMINISTRATION A. The portion of the administration of the Community Development Block Grant Program and the Michigan Main Street Program performed by the Authority is transferred from the Authority to the Michigan Strategic Fund. As mutually agreed upon by the Michigan State Housing Development Authority and the Michigan Strategic Fund, the transfer includes the Authority personnel who assist with the administration of the Programs and includes the Programs’ records, property, and allocations or other funds, if any. Except as transferred by this section, the Authority shall retain all of its statutory authority, powers, duties, functions, responsibilities, records, personnel, property, and unexpended balances of appropriations, and the Authority shall also retain control of all monies and funds, including but not limited to, grants, bonds, notes, reserves, and trust funds, subject to any agreements of the Authority with note and bond holders. B. The transfer of the portion of the Authority’s personnel who administer the CDBG Program and the Michigan Main Street Program is subject to any agreement executed prior to the issuance of this Order with the Authority’s note holders, bond holders, or issuers of instruments that are guaranteed. C. Nothing in this Order shall be construed to affect the status of monies of the Authority. Monies of the Authority are not monies either of this state or the Department, and shall continue to be non-state funds. State funds appropriated to the Authority lose their identity as state funds upon payment to the Authority and become public funds of the Authority under its control. Funds established by or within the Authority are public trust funds administered by the Authority. D. Nothing in this Order shall be construed to impair the obligations of any bond issued by or on behalf of the Authority. Bonds and notes issued by or on behalf of the Authority are obligations of the Authority and not obligations of either this state or the Department. Nothing in this Order shall be construed to alter the status of the Authority as a public body corporate and politic. E. All rules, orders, contracts, and agreements lawfully adopted or entered into before the effective date of this Order by the Michigan State Housing Development Authority shall continue to be effective until revised, amended, or rescinded. F. The President of the Michigan Strategic Fund and the Executive Director of the Authority shall provide executive direction and supervision for the implementation of the transfers under this Section II. G. The Authority shall exercise its prescribed statutory powers, duties, and functions, including the functions of adjudication, rule-making, licensing, and registration, including any prescription of rules, rates, regulations, and standards, independently of the Director of the Department. The budgeting, procurement, and related management functions of the Authority shall be performed under the direction and supervision of the Director of the Department. When directing and supervising the budgeting, procurement, and related management functions of the Authority, the Director shall remain cognizant of the rights of the holders of Authority bonds or notes. Certain Authority bond or note contracts may require the Authority to either maintain sufficient personnel or contract for services to plan Authority programs and to supervise enforcement and, where necessary, foreclosure of Authority mortgage agreements. None of the transfers in this Order shall affect the Authority’s ability to maintain sufficient personnel or contract for services to plan Authority programs and to supervise enforcement and, when necessary, foreclosure of Authority mortgage agreements. III.  TRANSFER OF STATE LAND BANK FAST TRACK AUTHORITY A. The Board of Directors of the State Land Bank Fast Track Authority, established by MCL 124.767, but abolished by Executive Order No. 2014-8, is reestablished. The Board of Directors shall consist of the following: • The Director of the Department of Talent and Economic Development or his or her designee from within the Depart-­­ ment of Talent and Economic Development; • The State Treasurer or his or her designee from within the Department of Treasury; • The Director of the Department of Transportation or his or her designee from within the Department of Transportation; • The Director of the Department of Environmental Quality or his or her designee from the Department of Environmental Quality; and • The Director of the Department of Technology, Management and Budget or his or her designee from within the Depart­ ment of Technology, Management and Budget. B. Any and all authority, powers, duties, responsibilities, and functions vested in the Board of Directors of the State Land Bank Fast Track Authority, originally established by MCL 124.766, but previously transferred to the Executive Director of the Authority in Section II of Executive Order 2014-8, and transferred to the Director of the Department in Section VII of Executive Order 2014-12, are transferred to the Board of Directors established under Section III.A of this Order. The Board of Directors shall exercise the powers, duties, and functions of the State Land Bank Fast Track Authority as provided by this Order and the Land Bank Fast Track Act, 2003 PA 258, MCL 124.751 et seq. 1878 JOURNAL OF THE SENATE [December 1, 2016] [No. 73 IV.  AMENDMENT TO EXECUTIVE ORDER 2014-12 A. Section V.A. of Executive Order 2014-12 is amended to remove from the Michigan Strategic Fund Board of Directors, the Director of the Department of Licensing and Regulatory Affairs, or his or her designee from within the Department of Licensing and Regulatory Affairs. The Board of Directors of the Michigan Strategic Fund established by Section V.A. of Executive Order 2014-12 shall consist of the following members: • The Chief Executive Officer of the Michigan Economic Development Corporation or his or her designee from within the Michigan Economic Development Corporation; • The State Treasurer or his or her designee from within the Department of Treasury; • A person in the position of Vice President or higher at either the Michigan Economic Development Corporation or the Department of Talent and Economic Development, appointed by the Governor; and • Eight (8) residents of the state appointed by the Governor in accordance with the terms and conditions of Executive Order 2014-12. B. Except as modified by this Order, a member of the Board of Directors appointed and serving as of the effective date of this Order shall continue under this Order as a member of the Board of Directors. C. All other provisions of Executive Order 2014-12 not specifically amended by this Order shall remain unchanged. V. IMPLEMENTATION A. Subject to the requirements of Section II of this Order, the State Budget Director shall determine, and authorize the most efficient manner possible for the handling of financial transactions and records in the state’s financial management system for the remainder of the current state fiscal year for transfers made under this Order. B. All rules, orders, contracts, plans, memoranda, and agreements relating to the change in the organization of the execu­ tive branch or the functions transferred by this Order lawfully adopted prior to the effective date of this Order by the responsible state agency or instrumentality shall continue to be effective until revised, amended, or rescinded. C. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity transferred by this Order shall not abate by reason of the taking effect of this Order. Any lawfully commenced suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order. D. The Executive Director of the Authority and the President of the Michigan Strategic Fund shall immediately initiate coordination to facilitate the transfers and develop memoranda of record identifying any pending settlements, issues, or compliance with applicable federal and state laws and regulations, or other obligations to be resolved related to the authority to be transferred. E. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. Any portion of this Order found invalid by a court or other entity with proper juris­diction shall be severable from the remaining portions of this Order. In fulfillment of the requirements of Section 2 of Article V of the Michigan Constitution of 1963, the provisions of this Order shall be effective 60 calendar days after the beginning of the next regular legislative session after the filing of this Order. Given under my hand and the Great Seal of the state of [SEAL] Michigan this 30th day of November, in the Year of our Lord Two Thousand Sixteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. The following message from the Governor was received and read: November 29, 2016 I respectfully submit to the Senate the following appointment to office: Michigan State Housing Development Authority Roger A. Curtis of 8528 Slee Road, Onsted, Michigan 49265, county of Lenawee, succeeding Steve Arwood, is appointed for a term commencing December 2, 2016, and expiring at the pleasure of the Governor. Sincerely, Rick Snyder Governor The appointment was referred to the Committee on Government Operations. No. 73] [December 1, 2016] JOURNAL OF THE SENATE 1879 By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that the Committee on Transportation be discharged from further consideration of the following bills: House Bill No. 4874, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding sec­ tion 9a. Senate Bill No. 852, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 319, 682, and 907 (MCL 257.319, 257.682, and 257.907), section 319 as amended by 2015 PA 11, section 682 as amended by 2012 PA 263, and section 907 as amended by 2015 PA 126. The motion prevailed, a majority of the members serving voting therefor, and the bills were placed on the order of General Orders. By unanimous consent the Senate proceeded to the order of Resolutions enator Horn offered the following resolution: S Senate Resolution No. 221. A resolution to declare December 2016 as Identity Theft Awareness Month. Whereas, Identity theft is a serious crime, one that impacts people from all walks of life and in all our communities; and Whereas, The crime of identity theft is multifaceted and criminals often gain access to personal records through mail theft, internet fraud, lost or stolen personal items, burglary, phone scams, eavesdropping, unethical use of public documents, and stolen medical records, as well as many other unscrupulous measures; and Whereas, Victims of identity theft often spend years rectifying their credit and recovering their identity; and Whereas, The awareness of identity theft crimes has led to increased consumer protection; and Whereas, Having a strong financial literacy will help consumers protect themselves from thieves wishing to gain access to personal and financial documents; and Whereas, Having applicable laws and enforcement to seek and prosecute identity theft criminals is imperative to ensuring the safety of one’s identity. Efficient coordination of judicial and law enforcement units is essential to tracking identity theft criminals; and Whereas, It is critical to require those offering extensions of credit to consumers do so in a responsible, fraud-proof manner; and Whereas, This declaration promotes the awareness of identity theft and encourages citizens and government to institute protective measures to ensure the safety and privacy of one’s identity; now, therefore, be it Resolved by the Senate, That the members of this legislative body proclaim December 2016 as Identity Theft Awareness Month. We encourage all citizens to support the efforts and join in by taking measures to promote the safety and security of their identity. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Bieda, Booher, Brandenburg, Conyers, Hansen, Knollenberg, MacGregor, Proos and Schmidt were named co‑sponsors of the resolution. Introduction and Referral of Bills Senator Casperson introduced Senate Bill No. 1187, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40103, 40110, 40113a, and 48703a (MCL 324.40103, 324.40110, 324.40113a, and 324.48703a), sections 40103, 40110, and 40113a as amended by 2014 PA 281 and section 48703a as amended by 2015 PA 12. The bill was read a first and second time by title. 1880 JOURNAL OF THE SENATE [December 1, 2016] [No. 73 Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 5033, entitled A bill to amend 1846 RS 1, entitled “Of the statutes,” by repealing section 3g (MCL 8.3g). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Health Policy. House Bill No. 5282, entitled A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” by amending sections 16, 17, and 19 (MCL 691.1416, 691.1417, and 691.1419), as added by 2001 PA 222. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Local Government. House Bill No. 5533, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7303a, 9701, 16221, 16226, 17001, 17021, 17048, 17049, 17050, 17060, 17074, 17076, 17078, 17501, 17521, 17548, 17549, 17550, 17708, 17745, 17745a, 17745b, 18001, 18021, 18048, 18049, 18050, and 20201 (MCL 333.7303a, 333.9701, 333.16221, 333.16226, 333.17001, 333.17021, 333.17048, 333.17049, 333.17050, 333.17060, 333.17074, 333.17076, 333.17078, 333.17501, 333.17521, 333.17548, 333.17549, 333.17550, 333.17708, 333.17745, 333.17745a, 333.17745b, 333.18001, 333.18021, 333.18048, 333.18049, 333.18050, and 333.20201), section 7303a as added by 1993 PA 305, section 9701 as added by 2004 PA 250, section 16221 as amended by 2014 PA 411, section 16226 as amended by 2014 PA 412, sections 17001, 17074, 17501, and 18001 as amended and section 18050 as added by 2006 PA 161, section 17021 as amended by 1993 PA 79, sec­ tions 17048 and 17548 as amended by 2012 PA 618, sections 17049, 17076, 17078, 17549, 18048, 18049, and 20201 as amended by 2011 PA 210, sections 17050 and 17550 as amended by 1990 PA 247, section 17060 as amended by 2014 PA 343, section 17521 as amended by 2006 PA 582, section 17708 as amended by 2016 PA 49, section 17745 as amended by 2014 PA 525, section 17745a as amended by 1999 PA 190, section 17745b as added by 1993 PA 306, and section 18021 as amended by 2006 PA 391, and by adding sections 17047, 17547, 18047, 18051, and 20174; and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Health Policy. House Bill No. 5702, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40114 (MCL 324.40114), as amended by 2014 PA 407. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Natural Resources. House Bill No. 5720, entitled A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 500 (MCL 208.1500), as amended by 2013 PA 233. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Finance. House Bill No. 5774, entitled A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending the title and sections 3, 4, 10, 11, and 20 (MCL 400.703, 400.704, 400.710, 400.711, and 400.720), the title as amended by 1992 PA 176, sections 3 No. 73] [December 1, 2016] JOURNAL OF THE SENATE 1881 and 10 as amended by 2014 PA 450, section 4 as amended by 2013 PA 156, and sections 11 and 20 as amended by 2006 PA 201, and by adding section 22b. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Families, Seniors and Human Services. House Bill No. 5782, entitled A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 748 (MCL 330.1748), as amended by 1998 PA 497. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Health Policy. House Bill No. 5806, entitled A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending section 61 (MCL 38.1361), as amended by 2015 PA 219. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Education. House Bill No. 5824, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4w (MCL 205.54w), as amended by 2006 PA 665. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Finance. House Bill No. 5825, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4s (MCL 205.94s), as amended by 2006 PA 666. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Finance. House Bill No. 5877, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17702, 17703, and 17707 (MCL 333.17702, 333.17703, and 333.17707), section 17702 as amended by 2014 PA 280 and sections 17703 and 17707 as amended by 2014 PA 285, and by adding section 17760. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Health Policy. Committee Reports The Committee on Outdoor Recreation and Tourism reported House Bill No. 5484, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40116 (MCL 324.40116), as amended by 2009 PA 65. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Goeffrey M. Hansen Chairperson To Report Out: Yeas: Senators Hansen, Zorn and Schmidt Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. 1882 JOURNAL OF THE SENATE [December 1, 2016] [No. 73 COMMITTEE ATTENDANCE REPORT he Committee on Outdoor Recreation and Tourism submitted the following: T Meeting held on Wednesday, November 30, 2016, at 1:00 p.m., Room 110, Farnum Building Present: Senators Hansen (C), Zorn and Schmidt Absent: None Excused: Senators Green and Johnson The Committee on Natural Resources reported Senate Bill No. 1093, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 41302a (MCL 324.41302a), as added by 2014 PA 537. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Pavlov, Robertson and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Natural Resources reported House Bill No. 5599, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21502, 21503, 21508, 21510, 21510a, 21510c, 21515, 21516, 21521, and 21526 (MCL 324.21502, 324.21503, 324.21508, 324.21510, 324.21510a, 324.21510c, 324.21515, 324.21516, 324.21521, and 324.21526), sections 21502, 21503, 21508, 21510, 21515, 21516, 21521, and 21526 as amended and sections 21510a and 21510c as added by 2014 PA 416, and by adding section 21510d. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Pavlov and Robertson Nays: Senator Warren The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Natural Resources submitted the following: T Meeting held on Wednesday, November 30, 2016, at 1:00 p.m., Room 210, Farnum Building Present: Senators Casperson (C), Pavlov, Robertson and Warren Excused: Senator Stamas The Committee on Regulatory Reform reported Senate Bill No. 392, entitled A bill to amend 1982 PA 432, entitled “Motor bus transportation act,” by amending the title and sections 1, 3, 4, 5, 7, 9, 15, 16, 17, 23, 27, 29, 32, 33, 34, 35, and 39 (MCL 474.101, 474.103, 474.104, 474.105, 474.107, 474.109, 474.115, 474.116, 474.117, 474.123, 474.127, 474.129, 474.132, 474.133, 474.134, 474.135, and 474.139), sections 3, 4, 5, 7, 17, 23, 27, 29, 33, 34, 35, and 39 as amended and section 32 as added by 1989 PA 233, section 9 as amended by 2012 PA 570, and section 16 as amended by 1996 PA 421, and by adding sections 10 and 38; and to repeal acts and parts of acts. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson No. 73] [December 1, 2016] JOURNAL OF THE SENATE 1883 To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Regulatory Reform reported Senate Bill No. 1011, entitled A bill to amend 1979 PA 152, entitled “State license fee act,” by amending section 39 (MCL 338.2239), as amended by 2012 PA 308. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor and Hune Nays: None The bill was referred to the Committee of the Whole. The Committee on Regulatory Reform reported Senate Bill No. 1012, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2403 and 2404b (MCL 339.2403 and 339.2404b), section 2403 as amended by 1984 PA 191 and section 2404b as amended by 2014 PA 175. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor and Hune Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Regulatory Reform reported Senate Bill No. 1054, entitled A bill to amend 2004 PA 403, entitled “Michigan unarmed combat regulatory act,” by amending sections 20, 30, 33, 33a, 47, 48, and 54a (MCL 338.3620, 338.3630, 338.3633, 338.3633a, 338.3647, 338.3648, and 338.3654a), sections 20, 30, 33, 47, and 48 as amended and sections 33a and 54a as added by 2015 PA 183. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Kowall, Hune and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Regulatory Reform reported House Bill No. 4185, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 217c (MCL 257.217c), as amended by 2002 PA 642. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Kowall, Hune and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. 1884 JOURNAL OF THE SENATE [December 1, 2016] [No. 73 The Committee on Regulatory Reform reported House Bill No. 4637, entitled A bill to regulate transportation network companies in this state; to provide for the powers and duties of certain state officers and entities; and to prescribe penalties and provide remedies. With the recommendation that the substitute (S-4) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Hertel and Johnson Nays: Senator Warren The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Regulatory Reform reported House Bill No. 4639, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3009, 3037, 3101, and 3113 (MCL 500.3009, 500.3037, 500.3101, and 500.3113), section 3009 as amended by 1988 PA 43, section 3037 as amended by 1980 PA 461, section 3101 as amended by 2014 PA 492, and section 3113 as amended by 2014 PA 489, and by adding section 3017. With the recommendation that the substitute (S-3) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Regulatory Reform reported House Bill No. 4640, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3114 (MCL 500.3114), as amended by 2002 PA 38. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Regulatory Reform reported House Bill No. 4641, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 6 and 7 (MCL 257.6 and 257.7), section 6 as amended by 2002 PA 534, and by adding sections 12c, 40c, 43b, 76a, 76b, 76c, and 518a. With the recommendation that the substitute (S-4) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Knollenberg, Kowall, MacGregor, Hune, Hertel and Johnson Nays: Senator Warren The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Regulatory Reform reported House Bill No. 5102, entitled A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending section 3a (MCL 125.1503a), as amended by 2006 PA 192. No. 73] [December 1, 2016] JOURNAL OF THE SENATE 1885 ith the recommendation that the substitute (S-1) be adopted and that the bill then pass. W The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Kowall, MacGregor, Hune and Johnson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Regulatory Reform submitted the following: T Meeting held on Wednesday, November 30, 2016, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Rocca (C), Jones, Knollenberg, Kowall, MacGregor, Hune, Warren, Hertel and Johnson The Committee on Michigan Competitiveness reported Senate Bill No. 1172, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 3f (MCL 205.93f), as amended by 2014 PA 161. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Stamas, Robertson, Proos and Warren Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Michigan Competitiveness submitted the following: T Meeting held on Wednesday, November 30, 2016, at 8:30 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Stamas, Robertson, Proos and Warren The Committee on Appropriations reported Senate Bill No. 102, entitled A bill to amend 1980 PA 300, entitled “The public school employees retirement act of 1979,” by amending sections 5, 81d, and 132 (MCL 38.1305, 38.1381d, and 38.1432), section 5 as amended and section 81d as added by 2012 PA 300 and section 132 as added by 2010 PA 75, and by adding section 133. With the recommendation that the substitute (S-4) be adopted and that the bill then pass. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Stamas, Schuitmaker, Booher, Shirkey, Proos, Green and Marleau Nays: Senators Hansen, Knollenberg, Nofs, Gregory, Hopgood, Hertel, Knezek and Young The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 1177, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending section 147 (MCL 388.1747), as amended by 2016 PA 249. With the recommendation that the bill pass. David S. Hildenbrand Chairperson 1886 JOURNAL OF THE SENATE [December 1, 2016] [No. 73 To Report Out: Yeas: Senators Hildenbrand, MacGregor, Stamas, Schuitmaker, Booher, Shirkey, Proos, Green and Marleau Nays: Senators Hansen, Knollenberg, Nofs, Gregory, Hopgood, Hertel, Knezek and Young The bill was referred to the Committee of the Whole. The Committee on Appropriations reported Senate Bill No. 1178, entitled A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending section 20m (MCL 38.1140m), as amended by 2014 PA 185. With the recommendation that the bill pass. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Stamas, Schuitmaker, Booher, Shirkey, Proos, Green and Marleau Nays: Senators Hansen, Knollenberg, Nofs, Gregory, Hopgood, Hertel, Knezek and Young The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, November 30, 2016, at 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young The Committee on Agriculture reported Senate Bill No. 339, entitled A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” by amending sections 1, 2, 5a, 6, 7, and 9 (MCL 287.331, 287.332, 287.335a, 287.336, 287.337, and 287.339), sections 1, 6, 7, and 9 as amended by 1997 PA 7 and section 5a as added by 1980 PA 214, and by adding section 9c. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Schmidt, Booher and Ananich Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Agriculture reported Senate Bill No. 658, entitled A bill to amend 2000 PA 274, entitled “Large carnivore act,” by amending section 22 (MCL 287.1122), as amended by 2013 PA 8. With the recommendation that the substitute (S-4) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Schmidt and Booher Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. No. 73] [December 1, 2016] JOURNAL OF THE SENATE 1887 COMMITTEE ATTENDANCE REPORT he Committee on Agriculture submitted the following: T Meeting held on Thursday, December 1, 2016, at 8:30 a.m., Room 110, Farnum Building Present: Senators Hune (C), Schmidt, Booher and Ananich Excused: Senator Green COMMITTEE ATTENDANCE REPORT he Committee on Oversight submitted the following: T Meeting held on Thursday, December 1, 2016, at 8:30 a.m., Room 100, Farnum Building Present: Senators MacGregor (C), Kowall, Stamas and Schuitmaker Excused: Senator Gregory Scheduled Meetings Criminal Justice Policy Commission - Wednesday, December 7, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Economic Development and International Investment - Wednesday, December 14, 1:30 p.m., Room 210, Farnum Building (373-5323) Education - Tuesday, December 6, 12:00 noon, Room 110, Farnum Building (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 2:43 p.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Tuesday, December 6, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1888 No. 74 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Tuesday, December 6, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Conyers—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—excused Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 1890 JOURNAL OF THE SENATE [December 6, 2016] [No. 74 enator Kenneth B. Horn of the 32nd District offered the following invocation: S Dear Father in Heaven, after running down the steps at the HOB and up the steps in the Capitol to be here with You, dear Lord, help me catch my breath. As You know, Lord, with those two children and grandchildren living at home, it seems that our young children have a way of making us look at Christmas differently again with a set of fresh eyes. As I was making out my gift list, it occurred to me, Father, that I needed to add Your name to my list. After all, You gave us the ultimate gift this month: Your Son, Jesus. I must be honest, though, it’s an awfully humbling experience, Lord, trying to put together a list of things that You might appreciate of us. It seems that we’re constantly asking You for things, especially as we begin our regular Senate sessions. We are human after all. So today, once again, we ask You to help us discern the difference between being smart and being wise, between waiting patiently and true patience, between asking for peace and being a person at peace, and, of course, help us distinguish the difference between hearing our colleagues and really understanding them. With all these things we ask, and as we count down the days to Christmas, help guide us to be generous of heart at home, courageous leaders in this Chamber, and as we work toward a common solution to the many issues that are facing our great state. May all this be done this day in Your greater name, Your honor, and Your glory. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Ananich, Brandenburg and Conyers entered the Senate Chamber. Senator Kowall moved that Senators Casperson, Emmons, Green and Knollenberg be temporarily excused from today’s session. The motion prevailed. enator Young moved that Senator Johnson be temporarily excused from today’s session. S The motion prevailed. enator Young moved that Senator Hood be excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Bieda, Casperson and Knezek admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved that a respectful message be sent to the House of Representatives requesting the return of the following bills: Senate Bill No. 1051 Senate Bill No. 1052 Senate Bill No. 1053 The motion prevailed. The following communication was received and read: Office of the Senate Majority Leader December 1, 2016 I respectfully request you hold a hearing on Roger Curtis’ appointment as Director of the Michigan Talent and Economic Development Department and report your findings to the Senate Government Operations Committee. If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communication was referred to the Secretary for record. No. 74] [December 6, 2016] JOURNAL OF THE SENATE 1891 The Secretary announced that the following House bills were received in the Senate and filed on Thursday, December 1: House Bill Nos. 4924 5025 5359 5360 5664 5741 5796 5851 5852 5853 5854 5855 5856 5857 5912 5987 The Secretary announced that the following bills and joint resolution were printed and filed on Thursday, December 1, and are available at the Michigan Legislature website: Senate Bill No. 1187 House Bill Nos. 6087 6088 6089 6090 6091 6092 6093 6094 6095 6096 6097 House Joint Resolution VV By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills House Bill No. 4924, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2559 (MCL 600.2559), as amended by 2012 PA 558. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5025, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 303 (MCL 436.1303). The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. House Bill No. 5359, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 3240 (MCL 600.3240), as amended by 2014 PA 431. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5360, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2558 (MCL 600.2558), as amended by 2002 PA 429. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5664, entitled A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2015 PA 20. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 5741, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 248c (MCL 257.248c), as amended by 2015 PA 48. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 5796, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by repealing section 1766 (MCL 380.1766). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Education. 1892 JOURNAL OF THE SENATE [December 6, 2016] [No. 74 House Bill No. 5851, entitled A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending sections 1, 8, 15, and 31 (MCL 125.1651, 125.1658, 125.1665, and 125.1681), section 1 as amended by 2013 PA 66, section 8 as added by 1987 PA 66, section 15 as amended by 1993 PA 323, and section 31 as added by 1988 PA 425; and to repeal acts and parts of acts. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment. House Bill No. 5852, entitled A bill to amend 2008 PA 94, entitled “Water resource improvement tax increment finance authority act,” by amending sections 3, 10, 16, and 23 (MCL 125.1773, 125.1780, 125.1786, and 125.1793), sections 3 and 10 as amended by 2013 PA 25. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment. House Bill No. 5853, entitled A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending sections 2, 7, 13, and 21 (MCL 125.2152, 125.2157, 125.2163, and 125.2171), section 2 as amended by 2013 PA 62 and sections 7 and 13 as amended by 1993 PA 333. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment. House Bill No. 5854, entitled A bill to amend 2005 PA 280, entitled “Corridor improvement authority act,” by amending sections 3, 11, 19, and 28 (MCL 125.2873, 125.2881, 125.2889, and 125.2898), section 3 as amended by 2013 PA 68 and section 11 as amended by 2007 PA 44. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment. House Bill No. 5855, entitled A bill to amend 1980 PA 450, entitled “The tax increment finance authority act,” by amending sections 1, 4, 8, 14, and 30 (MCL 125.1801, 125.1804, 125.1808, 125.1814, and 125.1830), section 1 as amended by 2014 PA 38, section 4 as amended and section 8 as added by 1987 PA 68, section 14 as amended by 1993 PA 322, and section 30 as added by 1988 PA 420. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment. House Bill No. 5856, entitled A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending section 2 (MCL 125.2652), as amended by 2013 PA 67. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Economic Development and International Investment. No. 74] [December 6, 2016] JOURNAL OF THE SENATE 1893 House Bill No. 5857, entitled A bill to amend 1974 PA 300, entitled “Motor vehicle service and repair act,” by amending sections 2, 2a, 3, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 30, 32, 33, 34a, 36, and 39 (MCL 257.1302, 257.1302a, 257.1303, 257.1307, 257.1309, 257.1310, 257.1311, 257.1312, 257.1313, 257.1314, 257.1315, 257.1316, 257.1317, 257.1318, 257.1319, 257.1320, 257.1321, 257.1322, 257.1330, 257.1332, 257.1333, 257.1334a, 257.1336, and 257.1339), sections 2 and 10 as amended by 2016 PA 33, section 2a as added and sections 18, 22, and 30 as amended by 1988 PA 254, and section 17 as amended by 2002 PA 464, and by adding sections 7a, 7b, 7c, 7d, 7e, 7f, 10b, 13a, 13b, and 32a. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Regulatory Reform. House Bill No. 5912, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78k (MCL 211.78k), as amended by 2006 PA 611. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Finance. House Bill No. 5987, entitled A bill to amend 1988 PA 466, entitled “Animal industry act,” by amending section 46 (MCL 287.746), as added by 2009 PA 117. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Agriculture. Senators Knollenberg, Casperson, Green and Emmons entered the Senate Chamber. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:19 a.m. 12:08 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senator Johnson entered the Senate Chamber. By unanimous consent the Senate returned to the order of Messages from the House The House of Representatives returned, in accordance with the request of the Senate Senate Bill No. 1051, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21102 and 21104 (MCL 324.21102 and 324.21104). The bill was placed on the order of Third Reading of Bills. The House of Representatives returned, in accordance with the request of the Senate Senate Bill No. 1052, entitled A bill to amend 1984 PA 44, entitled “Motor fuels quality act,” by amending section 6 (MCL 290.646), as amended by 2006 PA 271. The bill was placed on the order of Third Reading of Bills. The House of Representatives returned, in accordance with the request of the Senate Senate Bill No. 1053, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21506a and 21508 (MCL 324.21506a and 324.21508), as amended by 2014 PA 416. The bill was placed on the order of Third Reading of Bills. 1894 JOURNAL OF THE SENATE [December 6, 2016] [No. 74 By unanimous consent the Senate proceeded to the order of Third Reading of Bills Senator Kowall moved to reconsider the vote by which the following bill was passed: Senate Bill No. 1051, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21102 and 21104 (MCL 324.21102 and 324.21104). The motion prevailed, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 676 Yeas—34 Ananich Hertel MacGregor Rocca Bieda Hildenbrand Marleau Schmidt Booher Hopgood Meekhof Schuitmaker Brandenburg Horn Nofs Shirkey Casperson Johnson O’Brien Stamas Conyers Jones Pavlov Warren Green Knezek Proos Young Gregory Knollenberg Robertson Zorn Hansen Kowall Nays—3 Colbeck Emmons Hune Excused—1 Hood Not Voting—0 In The Chair: Schuitmaker Senator Kowall moved to reconsider the vote by which the following bill was passed: Senate Bill No. 1052, entitled A bill to amend 1984 PA 44, entitled “Motor fuels quality act,” by amending section 6 (MCL 290.646), as amended by 2006 PA 271. The motion prevailed, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 677 Yeas—33 Ananich Hertel Bieda Hildenbrand Booher Hopgood Brandenburg Horn Casperson Johnson Kowall Robertson MacGregor Rocca Marleau Schmidt Meekhof Shirkey Nofs Stamas No. 74] [December 6, 2016] JOURNAL OF THE SENATE 1895 Conyers Jones O’Brien Warren Green Knezek Pavlov Young Gregory Knollenberg Proos Zorn Hansen Nays—4 Colbeck Emmons Hune Schuitmaker Excused—1 Hood Not Voting—0 In The Chair: Schuitmaker Senator Kowall moved to reconsider the vote by which the following bill was passed: Senate Bill No. 1053, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21506a and 21508 (MCL 324.21506a and 324.21508), as amended by 2014 PA 416. The motion prevailed, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 678 Yeas—29 Ananich Hertel Knollenberg Proos Bieda Hildenbrand Kowall Robertson Booher Hopgood MacGregor Schmidt Casperson Horn Marleau Shirkey Conyers Johnson Meekhof Stamas Green Jones Nofs Warren Gregory Knezek O’Brien Young Hansen Nays—8 Brandenburg Emmons Colbeck Hune Pavlov Schuitmaker Rocca Zorn Excused—1 Hood In The Chair: Schuitmaker Not Voting—0 1896 JOURNAL OF THE SENATE [December 6, 2016] [No. 74 By unanimous consent the Senate returned to the order of Motions and Communications enator Kowall moved that rule 2.106 be suspended to allow committees to meet during Senate session. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess until 2:00 p.m. S The motion prevailed, the time being 12:19 p.m. The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Sen­ ator Schuitmaker. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 2:01 p.m. 2:25 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 753, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding sections 16283, 16284, 16285, 16286, 16287, and 16288. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 679 Ananich Bieda Booher Brandenburg Casperson Colbeck Conyers Emmons Green Yeas—36 Gregory Hansen Hertel Hildenbrand Hopgood Horn Hune Johnson Jones Nays—0 Knezek Proos Knollenberg Robertson Kowall Schmidt MacGregor Schuitmaker Marleau Shirkey Meekhof Stamas Nofs Warren O’Brien Young Pavlov Zorn No. 74] [December 6, 2016] JOURNAL OF THE SENATE 1897 Excused—1 Hood Not Voting—1 Rocca In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was not concurred in, 2/3 of the members serving not voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Nofs as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 5273, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34 (MCL 791.234), as amended by 2010 PA 353. House Bill No. 5205, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 6a. House Bill No. 4874, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 9a. Senate Bill No. 852, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 319, 682, and 907 (MCL 257.319, 257.682, and 257.907), section 319 as amended by 2015 PA 11, section 682 as amended by 2012 PA 263, and section 907 as amended by 2015 PA 126. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4677, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2015 PA 19. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. 1898 JOURNAL OF THE SENATE [December 6, 2016] [No. 74 The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5001, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17959 (MCL 333.17959), as amended by 2010 PA 304. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill: House Bill No. 5024, entitled A bill to create the impaired driving safety commission; to prescribe its powers and duties; to create the impaired driving safety commission fund; to provide for use of the fund; and to repeal acts and parts of acts. The following is the amendment recommended by the Committee of the Whole: 1. Amend page 4, line 23, after “(b)” by striking out “Fund” and inserting “Subject to an appropriation, fund”. The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5326, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7333a, 7422, 17708, and 17757 (MCL 333.7333a, 333.7422, 333.17708, and 333.17757), section 7333a as amended by 2012 PA 44, section 7422 as added by 2014 PA 313, section 17708 as amended by 2016 PA 49, and section 17757 as amended by 2014 PA 525, and by adding section 17744e. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4423, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 627 (MCL 257.627), as amended by 2012 PA 252; and to repeal acts and parts of acts. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4424, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 627a and 633 (MCL 257.627a and 257.633), section 627a as amended by 2005 PA 88. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4425, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 628 (MCL 257.628), as amended by 2006 PA 85. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4426, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 320a, 606, 608, 609, and 610 (MCL 257.320a, 257.606, 257.608, 257.609, and 257.610), section 320a as amended by 2012 PA 592 and section 606 as amended by 1980 PA 518. No. 74] [December 6, 2016] JOURNAL OF THE SENATE 1899 Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4427, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2103 (MCL 500.2103), as amended by 2002 PA 492. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today: Senate Bill No. 959 The motion prevailed, a majority of the members serving voting therefor. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Nofs as Chairperson. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 959, entitled A bill to authorize, facilitate, and regulate the acquisition and disposal of certain property and gifts of certain property by certain entities to community foundations; to validate all transfers made before the enactment of this act; and to repeal acts and parts of acts. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 2:57 p.m. 3:12 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: House Bill No. 4874 Senate Bill No. 852 The motion prevailed, a majority of the members serving voting therefor. 1900 JOURNAL OF THE SENATE [December 6, 2016] [No. 74 The following bill was read a third time: House Bill No. 4874, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 9a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 680 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: Schuitmaker enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 852, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 319, 682, and 907 (MCL 257.319, 257.682, and 257.907), section 319 as amended by 2015 PA 11, section 682 as amended by 2012 PA 263, and section 907 as amended by 2015 PA 126. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 681 Ananich Bieda Yeas—34 Hansen Hertel Knollenberg Proos Kowall Robertson No. 74] [December 6, 2016] JOURNAL OF THE SENATE 1901 Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Conyers Hune Nofs Warren Emmons Johnson O’Brien Young Green Jones Pavlov Zorn Gregory Knezek Nays—3 Colbeck Rocca Stamas Excused—1 Hood Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. By unanimous consent the Senate proceeded to the order of Statements Senators Colbeck and Young asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Colbeck’s statement is as follows: Michigan’s certified presidential vote tally shows that Donald Trump defeated Hillary Clinton by 10,704 votes. I think we can all agree that it has been a very, very long election process to get to this point. Regrettably, Green Party Presidential Candidate Jill Stein, in cooperation with former Michigan Democratic Party Chair Mark Brewer, wish to make it even longer via the submittal of an unnecessary recount request to the Michigan Bureau of Elections, and by filing a suit in federal court to ensure that the recount happens. Attorney General Bill Schuette is leading the state effort to expose the dubious basis for the recount petition, but the involvement of the federal government by Jill Stein and Mark Brewer is a bit more problematic. United States District Judge Mark Goldsmith, an appointee of President Obama, issued an order shortly after midnight yesterday to start a manual recount of 4.8 million votes in eight days. Electoral College votes must be certified by December 13 for our electors to vote on December 19. The order was clearly an attempt to delay the vote count so that Michigan electors would not be able to cast their 16 Electoral College votes for Donald Trump. There are two problems with this order. No. 1, Michigan votes have already been certified, and No. 2, Judge Goldsmith’s ruling is outside of his jurisdiction to rule on elector selection per Article II, section 1, of the United States Constitution which states that, “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors.” Clearly, the federal government has no jurisdiction in the manner by which a state allocates its electors. Regardless of these efforts, Michigan’s election results have been certified. Michigan’s 16 electors will be voting for the winner of the presidential election, Donald Trump, as members of the Electoral College on December 19. Valid recount efforts by parties who have true grievances to reconcile are indeed important to pursue. That is not the case with this recount effort. So, what is the end game being pursued by Mark Brewer and Jill Stein? Perhaps the end game is merely a mea culpa for Jill Stein who received 50,700 Michigan votes that would otherwise have likely gone to Hillary Clinton, more than enough votes to overcome Hillary Clinton’s 10,704 vote deficit in Michigan, although the same might be said for Gary Johnson’s impact upon Donald Trump’s results. 1902 JOURNAL OF THE SENATE [December 6, 2016] [No. 74 Perhaps the end game is to promote the National Popular Vote movement which would undermine the Electoral College that protects states’ rights and has served us well since our founding. Electors in Michigan are getting hammered by thousands of emails from out-of-state agitators demanding that they cast their Electoral College vote for Hillary Clinton, not Donald Trump. Many of these emails reference the National Popular Vote. Perhaps the end game is to simply create chaos and distract us from the flurry of last-gasp agency directives issued by the Obama administration. Perhaps the goal is to establish a basis for false claims of illegitimacy throughout the Trump presidency as a means of diluting the clear mandate for government reform conveyed by voters. Whatever the end game may be for Jill Stein and Mark Brewer, the former chair of the Michigan Democratic Party, as Americans, I say that we use their actions as a call to action. If we are going to be forced to do an unnecessary and expensive recount, let’s use it as a catalyst to fight voter fraud throughout our state and hopefully throughout our nation. Let’s start with the 392 of 662 Detroit precincts in which the number of ballots in precinct poll books does not match the machine printout. Under Michigan law, these votes were counted in the final Michigan vote tally but they cannot be recounted—a convenient circumstance for anyone not interested in recounting votes in a particular precinct. This discrepancy has been blamed on faulty optical scanners that require multiple passes of a single ballot through the machine. If this is the case, then the vote count on the faulty machine is supposed to be adjusted by a poll worker when this happens. There should be no difference between the poll book ballot count and the machine ballot count. Another explanation for this discrepancy could be that multiple ballots not tracked in the poll books were inserted into the machine or a single ballot was passed through the voting machine multiple times in the interest of committing voter fraud. Whatever the true cause, it is clear that we need to have poll watchers at these precincts in future elections. We need to preserve the principle that one citizen equals one vote, and it is my hope that each of you will join me in this pursuit. enator Young’s statement is as follows: S To the previous speaker, my colleague from the 7th District, if you’re going to criticize the election machines in Detroit, I think it would be incumbent upon you to make sure that we provide the necessary funding and reforms to make sure it doesn’t happen again. I am very well aware that Donald Trump is our President now, whether we like it or not. This recount is not about changing the results; I don’t think it will. This is about making sure that every single vote is counted. In America—to establish, to preserve, to protect, and to advance democracy—every vote must be counted. They say in Wayne County they found 500 something votes. They say there are over 70,000 ballots where people did not vote for the President at the top of the ticket. This was something that was brought forth by computer scientists and election law experts who are saying there are discrepancies in the count of this vote. Again, I don’t think this will change the results, but for the sake of integrity and honor in our election system, we have to make sure that every vote is counted. That’s why I am supporting this recount. I’m not supporting this for political reasons. I’m not trying to undermine the vote. I just want to make sure that our elections were done fairly, justly, and that every vote was counted. Committee Reports The Committee on Families, Seniors and Human Services reported House Bill No. 4976, entitled A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” by amending section 3 (MCL 722.953), as amended by 2014 PA 524, and by adding section 8b. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported House Bill No. 4977, entitled A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” (MCL 722.951 to 722.960) by adding section 8c. No. 74] [December 6, 2016] JOURNAL OF THE SENATE 1903 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported House Bill No. 4978, entitled A bill to amend 1994 PA 203, entitled “Foster care and adoption services act,” (MCL 722.951 to 722.960) by adding section 8d. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson Nays: None The bill was referred to the Committee of the Whole. The Committee on Families, Seniors and Human Services reported House Bill No. 5119, entitled A bill to amend 1978 PA 389, entitled “An act to provide for the prevention and treatment of domestic violence; to develop and establish policies, procedures, and standards for providing domestic violence assistance programs and services; to create a domestic violence prevention and treatment board and prescribe its powers and duties; to establish a domestic violence prevention and treatment fund and provide for its use; to prescribe powers and duties of the family independence agency; to prescribe immunities and liabilities of certain persons and officials; and to prescribe penalties for violations of this act,” by amending the title and section 1 (MCL 400.1501), the title as amended by 2001 PA 192 and section 1 as amended by 2000 PA 84. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones, Casperson and Johnson Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Families, Seniors and Human Services submitted the following: T Meeting held on Wednesday, November 30, 2016, at 12:00 noon, Room 210, Farnum Building Present: Senators Emmons (C), Pavlov, Jones, Casperson and Johnson he Committee on Energy and Technology reported T Senate Resolution No. 164. A resolution to urge the President and Congress of the United States to explore and support policies that will lead to the establishment of facilities within the United States for the reprocessing and recycling of spent nuclear fuel. (For text of resolution, see Senate Journal No. 36, p. 521.) With the recommendation that the resolution be adopted. Michael L. Nofs Chairperson 1904 JOURNAL OF THE SENATE [December 6, 2016] [No. 74 To Report Out: Yeas: Senators Nofs, Proos, Schuitmaker, Hune, Shirkey, Zorn, Hopgood, Knezek and Conyers Nays: None The resolution was placed on the order of Resolutions. COMMITTEE ATTENDANCE REPORT he Committee on Energy and Technology submitted the following: T Meeting held on Thursday, December 1, 2016, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Nofs (C), Proos, Schuitmaker, Hune, Shirkey, Zorn, Hopgood, Knezek and Conyers Excused: Senator Horn The Committee on Agriculture reported House Bill No. 4850, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2012 PA 555. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Schmidt, Booher and Ananich Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Agriculture reported House Bill No. 4898, entitled A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” by amending sections 1, 2, 5a, 6, 7, and 9 (MCL 287.331, 287.332, 287.335a, 287.336, 287.337, and 287.339), sections 1, 6, 7, and 9 as amended by 1997 PA 7 and section 5a as added by 1980 PA 214, and by adding sections 9c and 9d. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Schmidt, Booher and Ananich Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Agriculture reported House Bill No. 5889, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4a (MCL 205.54a), as amended by 2012 PA 126. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Schmidt, Booher and Ananich Nays: None The bill was referred to the Committee of the Whole. No. 74] [December 6, 2016] JOURNAL OF THE SENATE 1905 The Committee on Agriculture reported House Bill No. 5890, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4 (MCL 205.94), as amended by 2012 PA 474. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Schmidt, Booher and Ananich Nays: None The bill was referred to the Committee of the Whole. The Committee on Local Government reported Senate Bill No. 959, entitled A bill to authorize, facilitate, and regulate the acquisition and disposal of certain property and gifts of certain property by certain entities to community foundations; to validate all transfers made before the enactment of this act; and to repeal acts and parts of acts. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Proos, Brandenburg, Rocca and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Local Government submitted the following: T Meeting held on Tuesday, December 6, 2016, at 12:30 p.m., Room 100, Farnum Building Present: Senators Zorn (C), Proos, Brandenburg, Rocca and Young Scheduled Meetings Administrative Rules - Monday, December 12, 10:30 a.m., Room 100, Farnum Building (373-5773) Appropriations - Wednesday, December 7, 1:30 p.m., Harry T. Gast Appropriations Room, Capitol Building (373-5307) Criminal Justice Policy Commission - Wednesday, December 7, 9:00 a.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building (373-0212) Economic Development and International Investment - Wednesday, December 14, 1:30 p.m., Room 210, Farnum Building (373-5323) Education - Wednesday, December 7, 9:15 a.m., Room 110, Farnum Building (373-5314) Families, Seniors and Human Services - Thursday, December 8, 9:15 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323) Insurance - Wednesday, December 7, 12:00 noon, Room 100, Farnum Building (373-5312) Judiciary - Thursday, December 8, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-1721) Natural Resources - Wednesday, December 7, 12:30 p.m., Room 210, Farnum Building (373-1721) 1906 JOURNAL OF THE SENATE [December 6, 2016] [No. 74 Regulatory Reform - Wednesday, December 7, 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323) Transportation - Thursday, December 8, 8:30 a.m., Room 210, Farnum Building (373-5312) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 3:28 p.m. The President pro tempore, Senator Schuitmaker, declared the Senate adjourned until Wednesday, December 7, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 75 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Wednesday, December 7, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Conyers—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—excused Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 1908 JOURNAL OF THE SENATE [December 7, 2016] [No. 75 astor Tom Tarpley of Fowlerville United Brethren Church of Fowlerville offered the following invocation: P Thank You, Lord, for these dedicated men and women who gather here to participate in the government of our state of Michigan, serving humbly with honor and fairness in both word and deed. Gracious and loving Creator, as this esteemed body meets to exercise its statutory obligation, guide them and grant each one an open heart and mind. May these willing servants be receptive to listening and finding insight and inspiration in each other’s words. Strengthen their resolve that discretion be preserved, and keep them from temptation and the ways of evil. May they lead with the courage of their conviction, and always serve with integrity. May their efforts be blessed as they come together, overcoming any differences, and may they create a state of peace, equality, prosperity, justice, and opportunity for all. Bless them as they move forward together. It is in Your name, O Lord, that we pray this morning. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Knollenberg and Shirkey entered the Senate Chamber. enator Bieda moved that Senators Johnson and Young be temporarily excused from today’s session. S The motion prevailed. enator Bieda moved that Senator Hood be excused from today’s session. S The motion prevailed. enator Kowall moved that Senators Casperson and Schmidt be temporarily excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Knezek and Colbeck admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved that the rules be suspended and that the following bill, now on Committee Reports, be placed on the General Orders calendar for consideration today: House Bill No. 5591 The motion prevailed, a majority of the members serving voting therefor. The Secretary announced that the following House bills were received in the Senate and filed on Tuesday, December 6: House Bill Nos. 4142 6013 The Secretary announced that the following bills were printed and filed on Tuesday, December 6, and are available at the Michigan Legislature website: House Bill Nos. 6098 6099 6100 6101 6102 6103 6104 6105 6106 6107 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator O’Brien as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 1120, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 25a and 31 (MCL 257.25a and 257.31), section 25a as added by 1984 PA 328. No. 75] [December 7, 2016] JOURNAL OF THE SENATE 1909 Senate Bill No. 1162, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 680 (MCL 206.680), as amended by 2012 PA 70. Senate Bill No. 1163, entitled A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 117, 500, and 505 (MCL 208.1117, 208.1500, and 208.1505), section 117 as amended by 2011 PA 292, section 500 as amended by 2013 PA 233, and section 505 as amended by 2011 PA 305. Senate Bill No. 1011, entitled A bill to amend 1979 PA 152, entitled “State license fee act,” by amending section 39 (MCL 338.2239), as amended by 2012 PA 308. Senate Bill No. 1187, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40103, 40110, 40113a, and 48703a (MCL 324.40103, 324.40110, 324.40113a, and 324.48703a), sections 40103, 40110, and 40113a as amended by 2014 PA 281 and section 48703a as amended by 2015 PA 12. House Bill No. 5889, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4a (MCL 205.54a), as amended by 2012 PA 126. House Bill No. 5890, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4 (MCL 205.94), as amended by 2012 PA 474. House Bill No. 5591, entitled A bill to amend 2000 PA 305, entitled “Uniform electronic transactions act,” (MCL 450.831 to 450.849) by adding section 5a. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5484, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40116 (MCL 324.40116), as amended by 2009 PA 65. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5599, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21502, 21503, 21508, 21510, 21510a, 21510c, 21515, 21516, 21521, and 21526 (MCL 324.21502, 324.21503, 324.21508, 324.21510, 324.21510a, 324.21510c, 324.21515, 324.21516, 324.21521, and 324.21526), sections 21502, 21503, 21508, 21510, 21515, 21516, 21521, and 21526 as amended and sections 21510a and 21510c as added by 2014 PA 416, and by adding section 21510d. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 1012, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2403 and 2404b (MCL 339.2403 and 339.2404b), section 2403 as amended by 1984 PA 191 and section 2404b as amended by 2014 PA 175. 1910 JOURNAL OF THE SENATE [December 7, 2016] [No. 75 Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 1054, entitled A bill to amend 2004 PA 403, entitled “Michigan unarmed combat regulatory act,” by amending sections 20, 30, 33, 33a, 47, 48, and 54a (MCL 338.3620, 338.3630, 338.3633, 338.3633a, 338.3647, 338.3648, and 338.3654a), sections 20, 30, 33, 47, and 48 as amended and sections 33a and 54a as added by 2015 PA 183. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4185, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 217c (MCL 257.217c), as amended by 2002 PA 642. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4850, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2012 PA 555. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senators Casperson, Schmidt and Young entered the Senate Chamber. By unanimous consent the Senate returned to the order of Motions and Communications enator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Stamas admittance to the Senate floor. S The motion prevailed, a majority of the members serving voting therefor. Senator Johnson entered the Senate Chamber. Messages from the House Senate Bill No. 332, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 703 (MCL 436.1703), as amended by 2012 PA 125. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: No. 75] [December 7, 2016] JOURNAL OF THE SENATE Roll Call No. 682 Ananich Bieda Booher Brandenburg Casperson Colbeck Conyers Emmons Green 1911 Yeas—36 Gregory Hansen Hertel Hildenbrand Hopgood Horn Hune Johnson Jones Knezek Proos Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Shirkey Meekhof Stamas Nofs Warren O’Brien Young Pavlov Zorn Nays—1 Schuitmaker Excused—1 Hood Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. The Assistant President pro tempore, Senator O’Brien, assumed the Chair. Senate Bill No. 333, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 319 (MCL 257.319), as amended by 2015 PA 11. The House of Representatives has substituted (H-3) the bill. The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and 1912 JOURNAL OF THE SENATE [December 7, 2016] [No. 75 duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 319 (MCL 257.319), as amended by 2016 PA 32. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 683 Ananich Bieda Booher Brandenburg Casperson Colbeck Conyers Emmons Green Yeas—36 Gregory Hansen Hertel Hildenbrand Hopgood Horn Hune Johnson Jones Knezek Proos Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Shirkey Meekhof Stamas Nofs Warren O’Brien Young Pavlov Zorn Nays—1 Schuitmaker Excused—1 Hood Not Voting—0 In The Chair: O’Brien he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate proceeded to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage: House Bill No. 4850 The motion prevailed, a majority of the members serving voting therefor. Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: House Bill No. 4677 House Bill No. 5001 No. 75] [December 7, 2016] JOURNAL OF THE SENATE 1913 House Bill No. 5273 House Bill No. 5205 House Bill No. 5024 House Bill No. 5326 House Bill No. 4423 House Bill No. 4424 House Bill No. 4425 House Bill No. 4426 House Bill No. 4427 Senate Bill No. 959 House Bill No. 4850 The motion prevailed. The following bill was read a third time: House Bill No. 4677, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 2015 PA The question being on the passage of the bill, Senator Knezek offered the following amendment: 1. Amend page 20, following line 15, by inserting: “Enacting section 1. The legislature shall annually appropriate sufficient funds from the state general fund to the state school aid fund created in section 11 of article IX of the state constitution of 1963 to fully compensate for any loss of revenue to the state school aid fund resulting from the enactment of this amendatory act.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Young requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 684 Ananich Bieda Casperson Conyers Yeas—16 Gregory Hertel Hopgood Horn Johnson Rocca Jones Warren Knezek Young O’Brien Zorn Nays—21 Booher Hildenbrand Marleau Robertson Brandenburg Hune Meekhof Schmidt Colbeck Knollenberg Nofs Schuitmaker Emmons Kowall Pavlov Shirkey Green MacGregor Proos Stamas Hansen Excused—1 Hood In The Chair: O’Brien Not Voting—0 1914 JOURNAL OF THE SENATE [December 7, 2016] [No. 75 he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 685 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5001, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17959 (MCL 333.17959), as amended by 2010 PA 304. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 686 Ananich Bieda Yeas—37 Hansen Hertel Knollenberg Robertson Kowall Rocca No. 75] [December 7, 2016] JOURNAL OF THE SENATE 1915 Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5273, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 34 (MCL 791.234), as amended by 2010 PA 353. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 687 Ananich Bieda Yeas—36 Gregory Hansen Knezek Proos Knollenberg Robertson 1916 JOURNAL OF THE SENATE [December 7, 2016] Booher Brandenburg Casperson Colbeck Conyers Emmons Green Hertel Hildenbrand Hopgood Horn Hune Johnson Jones [No. 75 Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Nays—1 Zorn Excused—1 Hood Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to provide for a lifetime electronic monitoring program; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5205, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding section 6a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 688 Ananich Bieda Booher Yeas—37 Hansen Hertel Hildenbrand Knollenberg Robertson Kowall Rocca MacGregor Schmidt No. 75] [December 7, 2016] JOURNAL OF THE SENATE 1917 Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions,”. The Senate agreed to the full title. The President pro tempore, Senator Schuitmaker, assumed the Chair. The following bill was read a third time: House Bill No. 5024, entitled A bill to create the impaired driving safety commission; to prescribe its powers and duties; to create the impaired driving safety commission fund; to provide for use of the fund; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 689 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 1918 JOURNAL OF THE SENATE [December 7, 2016] [No. 75 Excused—1 Hood Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5326, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7109, 7321, 7333a, 7422, 17708, 17757, and 18813 (MCL 333.7109, 333.7321, 333.7333a, 333.7422, 333.17708, 333.17757, and 333.18813), section 7109 as amended by 2001 PA 233, section 7321 as amended by 1988 PA 245, section 7333a as amended by 2012 PA 44, section 7422 as added by 2014 PA 313, section 17708 as amended by 2016 PA 49, section 17757 as amended by 2014 PA 525, and section 18813 as added by 2016 PA 47, and by adding section 17744e. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 690 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood In The Chair: Schuitmaker Not Voting—0 No. 75] [December 7, 2016] JOURNAL OF THE SENATE 1919 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:49 a.m. 10:57 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. The following bill was read a third time: House Bill No. 4423, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 627 (MCL 257.627), as amended by 2012 PA 252; and to repeal acts and parts of acts. The question being on the passage of the bill, Senator Casperson offered the following substitute: Substitute (S-4). The substitute was adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 691 Yeas—28 Ananich Hertel MacGregor Robertson Brandenburg Hildenbrand Marleau Rocca Casperson Horn Meekhof Schmidt Colbeck Hune Nofs Schuitmaker Emmons Jones O’Brien Shirkey Green Knollenberg Pavlov Stamas Hansen Kowall Proos Zorn Nays—8 Bieda Booher Conyers Gregory Hopgood Warren Knezek Young 1920 JOURNAL OF THE SENATE [December 7, 2016] [No. 75 Excused—1 Hood Not Voting—1 Johnson In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4424, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 627a and 633 (MCL 257.627a and 257.633), section 627a as amended by 2005 PA 88. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 692 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—10 Ananich Gregory Johnson Warren Bieda Hertel Knezek Young Conyers Hopgood No. 75] [December 7, 2016] JOURNAL OF THE SENATE 1921 Excused—1 Hood Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4425, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 628 (MCL 257.628), as amended by 2006 PA 85. The question being on the passage of the bill, Senator Casperson offered the following substitute: Substitute (S-3). The substitute was adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 693 Yeas—27 Brandenburg Hildenbrand Marleau Rocca Casperson Horn Meekhof Schmidt Colbeck Hune Nofs Schuitmaker Emmons Jones O’Brien Shirkey Green Knollenberg Pavlov Stamas Hansen Kowall Proos Zorn Hertel MacGregor Robertson Nays—10 Ananich Conyers Johnson Warren Bieda Gregory Knezek Young Booher Hopgood 1922 JOURNAL OF THE SENATE [December 7, 2016] [No. 75 Excused—1 Hood Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4426, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 248c, 320, 320a, 606, 608, 609, and 610 (MCL 257.248c, 257.320, 257.320a, 257.606, 257.608, 257.609, and 257.610), section 248c as amended by 2015 PA 48, section 320 as amended by 2004 PA 362, section 320a as amended by 2012 PA 592, and section 606 as amended by 1980 PA 518. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 694 Yeas—35 Ananich Gregory Knezek Proos Bieda Hansen Knollenberg Robertson Booher Hertel Kowall Rocca Brandenburg Hildenbrand MacGregor Schmidt Casperson Hopgood Marleau Schuitmaker Colbeck Horn Meekhof Shirkey Conyers Hune Nofs Stamas Emmons Johnson O’Brien Zorn Green Jones Pavlov Nays—2 Warren Young No. 75] [December 7, 2016] JOURNAL OF THE SENATE 1923 Excused—1 Hood Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4427, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 2103 (MCL 500.2103), as amended by 2002 PA 492. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 695 Yeas—34 Ananich Gregory Knollenberg Proos Bieda Hansen Kowall Robertson Booher Hertel MacGregor Rocca Brandenburg Hildenbrand Marleau Schmidt Casperson Hopgood Meekhof Schuitmaker Colbeck Horn Nofs Shirkey Conyers Hune O’Brien Stamas Emmons Jones Pavlov Zorn Green Knezek Nays—3 Johnson Warren Young 1924 JOURNAL OF THE SENATE [December 7, 2016] [No. 75 Excused—1 Hood Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 959, entitled A bill to authorize, facilitate, and regulate the acquisition and disposal of certain property and gifts of certain property by certain entities to community foundations; to validate all transfers made before the enactment of this act; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 696 Ananich Bieda Yeas—37 Hansen Hertel Knollenberg Robertson Kowall Rocca No. 75] [December 7, 2016] JOURNAL OF THE SENATE 1925 Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: Schuitmaker The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4850, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2016 PA 204. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 697 Yeas—35 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Schmidt Booher Hildenbrand MacGregor Schuitmaker Brandenburg Hopgood Marleau Shirkey Casperson Horn Meekhof Stamas Conyers Hune Nofs Warren Emmons Johnson O’Brien Young Green Jones Pavlov Zorn Gregory Knezek Proos Nays—1 Colbeck Excused—1 Hood 1926 JOURNAL OF THE SENATE [December 7, 2016] [No. 75 Not Voting—1 Rocca In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain acts and parts of acts,”. The Senate agreed to the full title. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 11:21 a.m. 11:57 a.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that the Committee on Transportation be discharged from further consideration of the following bill: Senate Bill No. 1068, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide No. 75] [December 7, 2016] JOURNAL OF THE SENATE 1927 for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 1c (MCL 247.651c), as amended by 2010 PA 28. The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders. Senator Kowall moved that the rules be suspended and that the following bill, now on the order of General Orders, be placed on the General Orders calendar for consideration today: Senate Bill No. 1068 The motion prevailed, a majority of the members serving voting therefor. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated herself as Chairperson. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 1068, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 1c (MCL 247.651c), as amended by 2010 PA 28. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar: Senate Bill No. 1068 The motion prevailed, a majority of the members serving voting therefor. 1928 JOURNAL OF THE SENATE [December 7, 2016] [No. 75 The following bill was read a third time: Senate Bill No. 1068, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 1c (MCL 247.651c), as amended by 2010 PA 28. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 698 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. No. 75] [December 7, 2016] JOURNAL OF THE SENATE 1929 By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 Senate Resolution No. 164 The motion prevailed. enators Colbeck and Pavlov offered the following resolution: S Senate Resolution No. 222. A resolution recognizing the 75th Anniversary of the attack on Pearl Harbor. Whereas, On the morning of December 7, 1941, America was attacked without warning at Pearl Harbor by the air and naval forces of Imperial Japan. More than 2,400 people perished and another 1,100 were wounded, triggering our nation’s entry into World War II; and Whereas, Prior to the attack at Pearl Harbor, America was divided between isolationist groups and those who believed that we needed to aid the Allies, who were dealing with the outbreak of war in Europe since 1939; and Whereas, After the attack on Pearl Harbor, the United States saw a new unity and common direction, which propelled us not only to victory, but gave us strength as a nation to allow us to do great things for decades to come; and Whereas, On December 7, 2016, we focus our honor on those who lost their lives 75 years ago, as well as all past veterans who have fought to preserve our freedom and democracy. Today, we also reach out to the current generation and the citizens of Michigan who answer their country’s call to service, remembering Pearl Harbor by their deeds, their devotion to duty, and their willingness to defend freedom in all ways; and Whereas, December 7, 1941, remains a “Day of Infamy” in the memories of the citizens of the state of Michigan, as well as our great nation; now, therefore, be it Resolved by the Senate, That this resolution serve not just as a symbol of American valor, but also as a resolve for all Americans in preserving our collective strength and unity. Such unity has propelled us in the past, and such unity can help to propel us once again; and be it further Resolved, That the members of this legislative body recognize the 75th Anniversary of the attack on Pearl Harbor. We urge the people of Michigan to acknowledge the importance of recognizing this day, remembering what was lost, and resolving strength in unity for our country’s great future. Pending the order that, under rule 3.204, the resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The resolution was adopted. Senators Ananich, Bieda, Booher, Brandenburg, Casperson, Conyers, Emmons, Gregory, Hansen, Hildenbrand, Horn, Hune, Johnson, Jones, Knollenberg, Kowall, MacGregor, Marleau, Meekhof, Nofs, O’Brien, Proos, Robertson, Rocca, Schmidt, Shirkey, Stamas, Warren, Young and Zorn were named co‑sponsors of the resolution. Senator Colbeck asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Colbeck’s statement is as follows: Colleagues, today marks the 75th anniversary of the attack on Pearl Harbor. This attack on America was done without warning. The attack on Pearl Harbor was initiated by the air and naval forces of Imperial Japan, and in the wake of this surprise attack, more than 2,400 people perished and another 1,100 were wounded, triggering our nation’s entry into World War II. Prior to the attack, America was a divided nation. Prior to the attack at Pearl Harbor, America was divided into isolationist groups and those who believed that we needed to aid the Allies already dealing with the outbreak of war in Europe which had started in 1939. After the attack on Pearl Harbor, the United States saw a new unity and common direction which propelled us not only to victory, but gave us strength as a nation to allow us to do great things for decades to come. Today, we are focusing upon honoring those whose lives were lost 75 years ago as well as all past veterans who have fought to preserve our freedom and our republic. Today, we also reach out to the current generation and citizens of Michigan who answered their country’s call to service, remembering Pearl Harbor by their deeds, their devotion to duty, and their willingness to defend freedom in all ways. 1930 JOURNAL OF THE SENATE [December 7, 2016] [No. 75 December 7, 1941 remains to this day a day of infamy in the memories of the citizens of the state of Michigan as well as our great nation. Let us also reflect upon its role in reigniting an appreciation for the word “united” when we refer to the United States of America. As Americans, we are unified by much more than divides us. It shouldn’t take a tragedy such as the attack on Pearl Harbor to remind us of this fact. Regrettably, our reflection upon this unity is often limited to such tragedies. It is in this spirit that I implore each of us to seek unity this day. America is a diverse nation. We have different political parties, we have different religions, we have different races, and we have different ZIP codes. This diversity is good, but what unifies us is much more important. After all, we are called the United States of America for a reason. We are unified by the principles determined and documented in our Declaration of Independence, such as that we are all created equal. We are all unified by our social compact called the United States Constitution which starts with the cherished words, “We the People.” It is my hope that this recollection of the day of infamy serves not just as a symbol of American valor, but also as a resolve for all Americans in preserving our collective strength and unity. Such unity has propelled us in the past, and such unity can help propel us once again. It is my hope that the people of our nation acknowledge the importance of recognizing this day, remembering what was lost, and resolving strength and unity for our country’s great future. Introduction and Referral of Bills House Bill No. 4142, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 724 (MCL 257.724), as amended by 2012 PA 498. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 6013, entitled A bill to amend 2014 PA 259, entitled “Michigan national guard tuition assistance act,” by amending section 3 (MCL 32.433). The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Veterans, Military Affairs and Homeland Security. Statements Senator Bieda asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Bieda’s statement is as follows: Today, I’m rising to say a couple of words in honor of Kathleen Straus who was first elected to the Michigan Board of Education in 1992 and is retiring at the end of her term. She’s been re-elected every eight years since she first took office in 1992 and she served as president of the board for the past 12 years. She’s now retiring after nearly a quartercentury of dedicated service to education in Michigan. Her colleagues describe her as never taking her job lightly, putting in outstanding time and effort, and advocating for good public policy in education. In 1991, Kathy retired from the Center for Creative Studies where she served as president. Prior to that, she was director of government relations for the Michigan Association of School Boards and staff director for the Education Committee of the Michigan Senate. In addition, she was the executive director of People and Responsible Organizations for Detroit. A very active community leader, Mrs. Straus was a member of the board of trustees of the Michigan Roundtable for Diversity and Inclusion. She was a longtime trustee of the Detroit Science Center, and Communities in Schools—Detroit. She’s also the past president of the League of Women Voters of Detroit and is still actively involved in promoting informed and active participation of citizens in government. She was also the past president of the American Jewish Committee, Detroit Region and Jewish Community Council of Metropolitan Detroit. Kathy received the Distinguished Warrior Award from the Detroit Urban League in 2000 and was inducted into the Michigan Hall of Fame in October 2000. She was also given a lifetime achievement award by the Anti Defamation League in 2004, and in 2011, the Federal Bar Association presented her with a McCree Award for the Advancement of Social Justice. No. 75] [December 7, 2016] JOURNAL OF THE SENATE 1931 Kathleen Straus has been a powerful advocate for public education and community service and I hope you join me in wishing her well and best in her retirement from the Michigan Board of Education after nearly a quarter-century of service to the state and to its people. Recess enator Kowall moved that the Senate recess until 2:00 p.m. S The motion prevailed, the time being 12:16 p.m. The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Sena-­ tor Schuitmaker. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 2:01 p.m. 3:04 p.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 800, entitled A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal years ending September 30, 2017 and other fiscal years; to provide for certain conditions on appropriations; and to provide for the expenditure of the appropriations. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows: A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal years ending September 30, 2016 and September 30, 2017; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, Senator Hopgood offered the following amendments to the substitute: 1. Amend page 25, following line 13, by inserting: “Sec. 167. Department of education (1) APPROPRIATION SUMMARY GROSS APPROPRIATION.......................................................................................................... $ 31,000,000 Interdepartmental grant revenues: Total interdepartmental grants and intradepartmental transfers................................................... 0 ADJUSTED GROSS APPROPRIATION..................................................................................... $ 31,000,000 Federal revenues: Federal revenues........................................................................................................................... 31,000,000 Total federal revenues................................................................................................................... 31,000,000 Total local revenues...................................................................................................................... 0 Total private revenues................................................................................................................... 0 State general fund/general purpose.............................................................................................. 0 (2) MICHIGAN OFFICE OF GREAT START Child development care public assistance.................................................................................... 31,000,000 1932 JOURNAL OF THE SENATE [December 7, 2016] [No. 75 GROSS APPROPRIATION.......................................................................................................... 31,000,000 Federal revenues: Federal revenues........................................................................................................................... 31,000,000 State general fund/general purpose.............................................................................................. 0” and adjusting the subtotals, totals, and section 1201 accordingly. 2. Amend page 37, following line 1, by inserting: “DEPARTMENT OF EDUCATION Sec. 1551. From the funds appropriated in part 1A for child development care public assistance, the department shall modify program requirements to raise the family income eligibility rate to 150% of the federal poverty rate by April 1, 2017.” The amendments to the substitute were not adopted. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 699 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. The Senate agreed to the title as amended. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Committee Reports The Committee on Local Government reported House Bill No. 5113, entitled A bill to amend 1939 PA 178, entitled “An act to provide for the collection of water or sewage system rates, assessments, charges, or rentals; and to provide a lien for water or sewage system services furnished by municipalities as defined by this act,” by amending section 2 (MCL 123.162), as amended by 1981 PA 132. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson No. 75] [December 7, 2016] JOURNAL OF THE SENATE 1933 To Report Out: Yeas: Senators Zorn, Proos, Brandenburg, Rocca and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Local Government reported House Bill No. 5591, entitled A bill to amend 2000 PA 305, entitled “Uniform electronic transactions act,” (MCL 450.831 to 450.849) by adding section 5a. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Dale W. Zorn Chairperson To Report Out: Yeas: Senators Zorn, Proos, Brandenburg, Rocca and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Education reported House Bill No. 5796, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by repealing section 1766 (MCL 380.1766). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher and Colbeck Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, December 6, 2016, at 12:00 noon, Room 110, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Hopgood The Committee on Finance reported House Bill No. 5720, entitled A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 500 (MCL 208.1500), as amended by 2013 PA 233. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 5748, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 5861 and 5863 (MCL 333.5861 and 333.5863), section 5863 as amended by 2015 PA 91. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson 1934 JOURNAL OF THE SENATE [December 7, 2016] [No. 75 To Report Out: Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 5824, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4w (MCL 205.54w), as amended by 2006 PA 665. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 5825, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4s (MCL 205.94s), as amended by 2006 PA 666. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. The Committee on Finance reported House Bill No. 5912, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78k (MCL 211.78k), as amended by 2006 PA 611. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Jack M. Brandenburg Chairperson To Report Out: Yeas: Senators Brandenburg, Robertson, Casperson, Proos, Bieda and Warren Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Finance submitted the following: T Meeting held on Tuesday, December 6, 2016, at 1:30 p.m., Room 210, Farnum Building Present: Senators Brandenburg (C), Robertson, Casperson, Proos, Bieda and Warren Excused: Senator Knollenberg The Committee on Health Policy reported House Bill No. 4598, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16192 and 16201 (MCL 333.16192 and 333.16201), section 16192 as amended by 2013 PA 268 and section 16201 as amended by 1988 PA 462, and by adding section 16326 and part 171. No. 75] [December 7, 2016] JOURNAL OF THE SENATE 1935 ith the recommendation that the substitute (S-5) be adopted and that the bill then pass. W The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Health Policy reported House Bill No. 5400, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2701, 2705, 5119, 16327, 17201, 17210, 17211, 17212, 17221, 17607, 17708, 17745, 17820, 17822, and 20201 (MCL 333.2701, 333.2705, 333.5119, 333.16327, 333.17201, 333.17210, 333.17211, 333.17212, 333.17221, 333.17607, 333.17708, 333.17745, 333.17820, 333.17822, and 333.20201), sections 2701 and 2705 as amended by 2014 PA 172, section 5119 as amended by 2016 PA 66, section 16327 as amended by 2009 PA 216, sections 17211 and 17221 as amended by 2006 PA 409, section 17212 as added by 1996 PA 355, section 17607 as added by 2008 PA 524, section 17708 as amended by 2016 PA 49, section 17745 as amended by 2014 PA 525, section 17820 as amended by 2014 PA 260, section 17822 as amended by 2005 PA 281, and section 20201 as amended by 2011 PA 210, and by adding sections 17211a and 17214. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill was referred to the Committee of the Whole. The Committee on Health Policy reported House Bill No. 5533, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7303a, 9701, 16221, 16226, 17001, 17021, 17048, 17049, 17050, 17060, 17074, 17076, 17078, 17501, 17521, 17548, 17549, 17550, 17708, 17745, 17745a, 17745b, 18001, 18021, 18048, 18049, 18050, and 20201 (MCL 333.7303a, 333.9701, 333.16221, 333.16226, 333.17001, 333.17021, 333.17048, 333.17049, 333.17050, 333.17060, 333.17074, 333.17076, 333.17078, 333.17501, 333.17521, 333.17548, 333.17549, 333.17550, 333.17708, 333.17745, 333.17745a, 333.17745b, 333.18001, 333.18021, 333.18048, 333.18049, 333.18050, and 333.20201), section 7303a as added by 1993 PA 305, section 9701 as added by 2004 PA 250, section 16221 as amended by 2014 PA 411, section 16226 as amended by 2014 PA 412, sections 17001, 17074, 17501, and 18001 as amended and section 18050 as added by 2006 PA 161, section 17021 as amended by 1993 PA 79, sections 17048 and 17548 as amended by 2012 PA 618, sections 17049, 17076, 17078, 17549, 18048, 18049, and 20201 as amended by 2011 PA 210, sections 17050 and 17550 as amended by 1990 PA 247, section 17060 as amended by 2014 PA 343, section 17521 as amended by 2006 PA 582, section 17708 as amended by 2016 PA 49, section 17745 as amended by 2014 PA 525, section 17745a as amended by 1999 PA 190, section 17745b as added by 1993 PA 306, and section 18021 as amended by 2006 PA 391, and by adding sections 17047, 17547, 18047, 18051, and 20174; and to repeal acts and parts of acts. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill was referred to the Committee of the Whole. The Committee on Health Policy reported House Bill No. 5782, entitled A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 748 (MCL 330.1748), as amended by 1998 PA 497. 1936 JOURNAL OF THE SENATE [December 7, 2016] [No. 75 ith the recommendation that the bill pass. W The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Stamas, Hertel, Knezek and Hopgood Nays: None The bill was referred to the Committee of the Whole. The Committee on Health Policy reported House Bill No. 5877, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17702, 17703, and 17707 (MCL 333.17702, 333.17703, and 333.17707), section 17702 as amended by 2014 PA 280 and sections 17703 and 17707 as amended by 2014 PA 285, and by adding section 17760. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Mike Shirkey Chairperson To Report Out: Yeas: Senators Shirkey, Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Health Policy submitted the following: T Meeting held on Tuesday, December 6, 2016, at 12:30 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Shirkey (C), Hune, O’Brien, Marleau, Jones, Stamas, Robertson, Hertel, Knezek and Hopgood Scheduled Meetings Administrative Rules - Monday, December 12, 10:30 a.m., Room 100, Farnum Building (373-5773) Agriculture - Thursday, December 8, 9:00 a.m., Room 110, Farnum Building (373-5323) Economic Development and International Investment - Wednesday, December 14, 1:30 p.m., Room 210, Farnum Building (373-5323) Families, Seniors and Human Services - Thursday, December 8, 9:15 a.m., Senate Hearing Room, Ground Floor, Boji Tower (373-5323) Judiciary - Thursday, December 8, 3:00 p.m., Rooms 402 and 403, Capitol Building (373-1721) Michigan Capitol Committee - Monday, December 12, 11:00 a.m., Room H-65, Capitol Building (373-0184) Transportation - Thursday, December 8, 8:30 a.m., Room 210, Farnum Building (373-5312) Veterans, Military Affairs and Homeland Security - Thursday, December 8, 12:00 noon, Room 110, Farnum Building (373-5314) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 3:12 p.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Thursday, December 8, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 76 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Thursday, December 8, 2016. 10:00 a.m. The Senate was called to order by the Assistant President pro tempore, Senator Margaret E. O’Brien. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Conyers—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—excused Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 1938 JOURNAL OF THE SENATE [December 8, 2016] [No. 76 enator Patrick J. Colbeck of the 7th District offered the following invocation: S Dear God, we thank You for all the blessings You bestowed on all of us. We thank You for our ability to assemble here, to help and guide our state into prosperity for everybody. As we’re going through our exercises this day, please help us to keep in mind those that we serve. We also ask for Your special blessing upon those of us who are ill and suffering with illnesses. God, please heal them and bring them strength, especially at this special time of year, God. We thank You for the gift of Your Son, and we thank You for the gift of the promise that He gives to each and every one of us. We ask that we take advantage of that promise and capture it in our lives. Let Your Son’s guidance guide how we engage others throughout this day and throughout this season. We ask this all in Jesus’ name. Amen. The Assistant President pro tempore, Senator O’Brien, led the members of the Senate in recital of the Pledge of Allegiance. The President, Lieutenant Governor Calley, assumed the Chair. Motions and Communications The following communications were received: Department of State Administrative Rules Notices of Filing December 6, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-084-LR (Secretary of State Filing #16-12-01) on this date at 3:57 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Dormitory Fire Safety for Schools, Colleges and Universities.” These rules become effective 30 days after filing with the Secretary of State. December 6, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-114-LR (Secretary of State Filing #16-12-02) on this date at 3:57 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Medicine - General Rules.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The Secretary announced that pursuant to Rule 2.109 of the Standing Rules of the Senate, the following expense reports have been filed with the Senate Business Office for the quarter from July 1, 2016 through September 30, 2016, and are available in the Senate Business Office during business hours for public inspection: Committee Agriculture Appropriations Banking and Financial Institutions Commerce Economic Development and International Investment Education Chairperson Senator Joe Hune Senator Dave Hildenbrand Senator Darwin Booher Senator Wayne Schmidt Senator Ken Horn Senator Phil Pavlov No. 76] [December 8, 2016] JOURNAL OF THE SENATE lections and Government Reform E Energy and Technology Families, Seniors and Human Services Finance Government Operations Health Policy Insurance Judiciary Local Government Michigan Competitiveness Natural Resources Outdoor Recreation and Tourism Oversight Regulatory Reform Transportation Veterans, Military Affairs and Homeland Security Senator Senator Senator Senator Senator Senator Senator Senator Senator Senator Senator Senator Senator Senator Senator Senator 1939 David Robertson Mike Nofs Judy Emmons Jack Brandenburg Arlan Meekhof Mike Shirkey Joe Hune Rick Jones Dale Zorn Mike Shirkey Tom Casperson Goeff Hansen Peter MacGregor Tory Rocca Tom Casperson Margaret O’Brien The Secretary announced that the following House bills were received in the Senate and filed on Wednesday, December 7: House Bill Nos. 5409 5815 The Secretary announced that the following House bills were received in the Senate and filed on Thursday, December 8: House Bill Nos. 4630 4643 5410 5411 5412 5413 5414 5415 5416 5417 5520 5667 6047 6048 6066 6067 6068 The Secretary announced that the following bills were printed and filed on Wednesday, December 7, and are available at the Michigan Legislature website: House Bill Nos. 6108 6109 6110 enator Kowall moved that Senators Meekhof, Schmidt and Shirkey be temporarily excused from today’s session. S The motion prevailed. enator Young moved that Senator Johnson be temporarily excused from today’s session. S The motion prevailed. enator Young moved that Senator Hood be excused from today’s session. S The motion prevailed. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:04 a.m. 10:18 a.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. During the recess, Senators Schmidt, Shirkey and Hopgood entered the Senate Chamber. Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today: House Bill No. 4265 Senate Bill No. 980 Senate Bill No. 1152 House Bill No. 5702 The motion prevailed, a majority of the members serving voting therefor. 1940 JOURNAL OF THE SENATE [December 8, 2016] [No. 76 By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the Assistant President pro tempore, Senator O’Brien, designated Senator Hansen as Chairperson. After some time spent therein, the Committee arose; and the Assistant President pro tempore, Senator O’Brien, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: Senate Bill No. 1170, entitled A bill to amend 1985 PA 176, entitled “Child identification and protection act,” by amending sections 2 and 4 (MCL 722.772 and 722.774). Senate Bill No. 1171, entitled A bill to amend 1935 PA 120, entitled “An act to prescribe a method for the fingerprinting of residents of the state; to provide for the recording and filing of the fingerprints by the central records division of the department of state police; and to impose a fee,” by amending section 1 (MCL 28.271), as amended by 1985 PA 175, and by adding section 4. Senate Bill No. 980, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 6107 (MCL 500.6107), as added by 1992 PA 174. Senate Bill No. 1152, entitled A bill to amend 2007 PA 106, entitled “Public employees health benefit act,” by amending section 9 (MCL 124.79). House Bill No. 5702, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40114 (MCL 324.40114), as amended by 2014 PA 407. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: Senate Bill No. 860, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2015 PA 161. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4265, entitled A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending sections 11, 21, 31, 34, 34a, 41, 51, 52, 54, 61, 82, 85, and 111 (MCL 389.11, 389.21, 389.31, 389.34, 389.34a, 389.41, 389.51, 389.52, 389.54, 389.61, 389.82, 389.85, and 389.111), section 21 as amended by 2013 PA 53, sections 34, 34a, 51, 52, and 54 as amended by 2003 PA 306, section 41 as amended by 2004 PA 446, section 61 as amended and section 85 as added by 2000 PA 488, section 82 as amended by 1992 PA 20, and section 111 as amended by 1997 PA 135. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senator Meekhof entered the Senate Chamber. No. 76] [December 8, 2016] JOURNAL OF THE SENATE 1941 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:28 a.m. 10:57 a.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. During the recess, Senator Johnson entered the Senate Chamber. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 33, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1136. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 700 Ananich Bieda Booher Casperson Colbeck Conyers Emmons Green Gregory Yeas—36 Hansen Hertel Hildenbrand Hopgood Horn Hune Johnson Jones Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—1 Brandenburg Excused—1 Hood In The Chair: O’Brien Not Voting—0 1942 JOURNAL OF THE SENATE [December 8, 2016] [No. 76 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. enator Kowall moved to reconsider the vote by which the House substitute was concurred in. S The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 701 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien he Senate agreed to the full title. T The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 291, entitled A bill to provide compensation and other relief for individuals wrongfully imprisoned for crimes; to prescribe the powers and duties of certain state and local governmental officers and agencies; and to provide remedies. The House of Representatives has amended the bill as follows: 1. Amend page 2, line 20, after “its” by inserting “political subdivisions, and the”. 2. Amend page 2, line 21, after “courts” by striking out the balance of the subdivision and inserting “of this state and its political subdivisions.”. 3. Amend page 7, line 4, after “action” by inserting “in state court”. 4. Amend page 7, line 5, after “matter.” by inserting “However, the acceptance by the plaintiff of an award under this act, or of a compromise or settlement of the plaintiff’s claim, does not operate as a waiver of, or bar to, any action in federal court against an individual alleged to have been involved in the investigation, prosecution, or conviction that gave rise to the wrongful conviction or imprisonment.”. The House of Representatives has passed the bill as amended. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. No. 76] [December 8, 2016] JOURNAL OF THE SENATE 1943 he motion prevailed, a majority of the members serving voting therefor. T The question being on concurring in the amendments made to the bill by the House, The amendments were concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 702 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 510, entitled A bill to prohibit the disclosure or use of certain information. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2) and ordered that it be given immediate effect. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 703 Yeas—37 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey 1944 JOURNAL OF THE SENATE [December 8, 2016] [No. 76 Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 717, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21303, 21304c, 21310a, 21323a, and 21325 (MCL 324.21303, 324.21304c, 324.21310a, 324.21323a, and 324.21325), sections 21303, 21304c, 21310a, and 21323a as amended by 2012 PA 446 and section 21325 as added by 2012 PA 108, and by adding section 21325a. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 704 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—10 Ananich Gregory Johnson Warren Bieda Hertel Knezek Young Conyers Hopgood No. 76] [December 8, 2016] JOURNAL OF THE SENATE 1945 Excused—1 Hood Not Voting—0 In The Chair: O’Brien he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was not concurred in, 2/3 of the members serving not voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 754, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 626, 681, 684, 1230d, 1277, 1288, 1310a, 1525, 1535a, 1539b, 1561, 1711, and 1751 (MCL 380.626, 380.681, 380.684, 380.1230d, 380.1277, 380.1288, 380.1310a, 380.1525, 380.1535a, 380.1539b, 380.1561, 380.1711, and 380.1751), sections 681 and 684 as amended by 2007 PA 45, sections 1230d, 1535a, and 1539b as amended by 2006 PA 680, section 1277 as amended by 1997 PA 179, section 1310a as amended by 2000 PA 230, section 1525 as amended by 2004 PA 596, section 1561 as amended by 2009 PA 204, and sections 1711 and 1751 as amended by 2008 PA 1, and by adding section 1281b; and to repeal acts and parts of acts. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 626, 681, 1230d, 1277, 1288, 1310a, 1525, 1535a, 1539b, 1561, 1711, and 1751 (MCL 380.626, 380.681, 380.1230d, 380.1277, 380.1288, 380.1310a, 380.1525, 380.1535a, 380.1539b, 380.1561, 380.1711, and 380.1751), section 681 as amended by 2007 PA 45, sections 1230d, 1535a, and 1539b as amended by 2006 PA 680, section 1277 as amended by 1997 PA 179, section 1310a as amended by 2000 PA 230, section 1525 as amended by 2004 PA 596, section 1561 as amended by 2009 PA 204, and sections 1711 and 1751 as amended by 2008 PA 1, and by adding section 1281b; and to repeal acts and parts of acts. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 705 Yeas—37 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker 1946 JOURNAL OF THE SENATE [December 8, 2016] [No. 76 Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 755, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 19, 51a, and 58 (MCL 388.1619, 388.1651a, and 388.1658), section 19 as amended by 2014 PA 196, section 51a as amended by 2015 PA 85, and section 58 as amended by 1997 PA 93, and by adding section 19a. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 19, 51a, and 58 (MCL 388.1619, 388.1651a, and 388.1658), sections 19 and 51a as amended by 2016 PA 249 and section 58 as amended by 1997 PA 93, and by adding section 19a. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 706 Yeas—37 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey No. 76] [December 8, 2016] JOURNAL OF THE SENATE 1947 Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 756, entitled A bill to repeal 1982 PA 26, entitled “An act to provide for emergency financial assistance for certain school districts; to prescribe certain powers and duties of intermediate school boards, local school boards, the state board of education, the state treasurer, and the auditor general; to create an emergency loan revolving fund; to make an appropriation; and to prescribe penalties,” (MCL 388.811 to 388.829). The House of Representatives has passed the bill and ordered that the bill be given immediate effect. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 757, entitled A bill to repeal 1962 PA 198, entitled “An act to authorize the state board of control for vocational education to accept federal funds with which to establish a program to alleviate conditions of persistent unemployment and underemployment in certain economically distressed areas,” (MCL 395.71 to 395.73). The House of Representatives has passed the bill and ordered that the bill be given immediate effect. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 759, entitled A bill to repeal 1931 PA 205, entitled “An act to require the teaching of civics and political science in high schools, county normals and colleges, to prohibit the granting of diplomas, and degrees to students not successfully completing said courses, and to provide penalties for the violation thereof,” (MCL 388.372). The House of Representatives has passed the bill and ordered that the bill be given immediate effect. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. The President pro tempore, Senator Schuitmaker, assumed the Chair. 1948 JOURNAL OF THE SENATE [December 8, 2016] [No. 76 Senate Bill No. 760, entitled A bill to repeal 1966 PA 156, entitled “An act to provide state scholarships for students in the field of special education; and to make an appropriation therefor,” (MCL 388.1051 to 388.1055). The House of Representatives has passed the bill and ordered that the bill be given immediate effect. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 761, entitled A bill to repeal 1974 PA 299, entitled “Education for the gifted and/or academically talented act,” (MCL 388.1091 to 388.1094). The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 762, entitled A bill to repeal 1964 PA 238, entitled “An act to authorize the state of Michigan, boards of supervisors, local governing boards and school districts to appropriate moneys to foster and maintain demonstration educational and work experience programs through a special job upgrading program for unemployed, out of work, school dropouts; define the powers and duties of the superintendent of public instruction; and to provide for appropriations,” (MCL 395.171 to 395.175). The House of Representatives has passed the bill and ordered that the bill be given immediate effect. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 392, entitled A bill to amend 1982 PA 432, entitled “Motor bus transportation act,” by amending the title and sections 3, 4, 5, 7, 9, 15, 16, 17, 27, 29, 32, 33, 34, 35, and 39 (MCL 474.103, 474.104, 474.105, 474.107, 474.109, 474.115, 474.116, 474.117, 474.127, 474.129, 474.132, 474.133, 474.134, 474.135, and 474.139), sections 3, 4, 5, 7, 17, 27, 29, 33, 34, 35, and 39 as amended and section 32 as added by 1989 PA 233, section 9 as amended by 2012 PA 570, and section 16 as amended by 1996 PA 421, and by adding section 10; and to repeal acts and parts of acts. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 707 Yeas—35 Ananich Gregory Knezek Robertson Bieda Hansen Knollenberg Rocca Booher Hertel Kowall Schmidt Brandenburg Hildenbrand MacGregor Schuitmaker Casperson Hopgood Marleau Shirkey Colbeck Horn Meekhof Stamas Conyers Hune O’Brien Warren Emmons Johnson Pavlov Young Green Jones Proos No. 76] [December 8, 2016] JOURNAL OF THE SENATE 1949 Nays—2 Nofs Zorn Excused—1 Hood Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. The Assistant President pro tempore, Senator O’Brien, resumed the Chair. Senate Bill No. 763, entitled A bill to amend 1979 PA 94, entitled “The state school aid act of 1979,” by amending sections 51a and 58 (MCL 388.1651a and 388.1658), section 51a as amended by 2015 PA 85 and section 58 as amended by 1997 PA 93. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 51a and 58 (MCL 388.1651a and 388.1658), section 51a as amended by 2016 PA 249 and section 58 as amended by 1997 PA 93. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 708 Ananich Bieda Booher Brandenburg Casperson Colbeck Conyers Emmons Green Yeas—36 Gregory Hansen Hertel Hildenbrand Hopgood Horn Hune Johnson Jones Knezek Proos Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Zorn 1950 JOURNAL OF THE SENATE [December 8, 2016] [No. 76 Nays—1 Young Excused—1 Hood Not Voting—0 In The Chair: O’Brien he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 764, entitled A bill to repeal 1919 PA 149, entitled “An act to accept the requirements and benefits of an act of the sixty-fourth congress of the United States, approved February 23, 1917, known as the Smith-Hughes act, or Public Act No. 347, relating to appropriations to be made by the federal government to the several states for the support and control of instruction in agriculture, the trades, industries, and home economics, and for the preparation of teachers of vocational subjects; to designate a state board of control for vocational education; to provide for the proper custody and administration of funds received by the state from such appropriations; and to provide for appropriations by the state and by local school authorities to meet the conditions of said act of congress,” (MCL 395.1 to 395.10). The House of Representatives has passed the bill and ordered that the bill be given immediate effect. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 765, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 684 (MCL 380.684), as amended by 2007 PA 45; and to repeal acts and parts of acts. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 766, entitled A bill to amend 1964 PA 287, entitled “An act to provide for the organization and functions of the state boards of education under the constitutions of 1908 and 1963; to provide for the appointment and functions of the superintendent of public instruction under the constitution of 1963; and to repeal certain acts and parts of acts,” by amending section 8b (MCL 388.1008b). The House of Representatives has passed the bill and ordered that the bill be given immediate effect. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. No. 76] [December 8, 2016] JOURNAL OF THE SENATE 1951 Senate Bill No. 767, entitled A bill to repeal 1964 PA 44, entitled “An act to authorize the state board of control for vocational education to accept federal funds as provided under the provisions of federal law,” (MCL 395.31 to 395.34). The House of Representatives has passed the bill and ordered that the bill be given immediate effect. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 853, entitled A bill to preempt local ordinances regulating the use, disposition, or sale of, prohibiting or restricting, or imposing any fee, charge, or tax on certain containers. The House of Representatives has passed the bill and ordered that the bill be given immediate effect. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 1087, entitled A bill to amend 1972 PA 299, entitled “An act to provide for the assessment, collection and disposition of the costs of regulation of public utilities,” (MCL 460.111 to 460.120) by adding section 5a. The House of Representatives has passed the bill and ordered that the bill be given immediate effect. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 1109, entitled A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending section 7 (MCL 24.207), as amended by 2011 PA 52. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage: Senate Bill No. 1170 Senate Bill No. 1171 Senate Bill No. 860 House Bill No. 4265 Senate Bill No. 980 Senate Bill No. 1152 House Bill No. 5702 The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S Senate Bill No. 1120 Senate Bill No. 1162 Senate Bill No. 1163 House Bill No. 5484 1952 JOURNAL OF THE SENATE [December 8, 2016] [No. 76 House Bill No. 5599 Senate Bill No. 1011 Senate Bill No. 1012 Senate Bill No. 1054 House Bill No. 4185 Senate Bill No. 1187 House Bill No. 5889 House Bill No. 5890 House Bill No. 5591 Senate Bill No. 1170 Senate Bill No. 1171 Senate Bill No. 860 House Bill No. 4265 Senate Bill No. 980 Senate Bill No. 1152 House Bill No. 5702 The motion prevailed. The following bill was read a third time: Senate Bill No. 1120, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 25a and 31 (MCL 257.25a and 257.31), section 25a as added by 1984 PA 328. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 709 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. No. 76] [December 8, 2016] JOURNAL OF THE SENATE 1953 The following bill was read a third time: Senate Bill No. 1162, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 680 (MCL 206.680), as amended by 2012 PA 70. The question being on the passage of the bill, Senator Stamas offered the following amendments: 1. Amend page 1, line 5, after “431,” by inserting “432,”. 2. Amend page 2, line 24, after “BY” by inserting “REORGANIZATION IN ACCORDANCE WITH SECTION 708(B)(2) OR SECTIONS 368(A)(1) AND 304(C) OF THE INTERNAL REVENUE CODE OR BY”. 3. Amend page 2, line 27, after “431,” by inserting “432,”. 4. Amend page 3, line 3, after the second “THE” by inserting “REORGANIZATION OR”. 5. Amend page 3, line 11, after the first “THE” by inserting “REORGANIZATION OR”. The amendments were adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 710 Yeas—31 Booher Hertel Kowall Robertson Brandenburg Hildenbrand MacGregor Rocca Casperson Horn Marleau Schmidt Conyers Hune Meekhof Schuitmaker Emmons Johnson Nofs Shirkey Green Jones O’Brien Stamas Gregory Knezek Pavlov Zorn Hansen Knollenberg Proos Nays—6 Ananich Bieda Colbeck Warren Young Hopgood Excused—1 Hood Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1163, entitled A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending sections 117, 500, and 505 (MCL 208.1117, 208.1500, and 208.1505), section 117 as amended by 2011 PA 292, section 500 as amended by 2013 PA 233, and section 505 as amended by 2011 PA 305. The question being on the passage of the bill, Senator Warren offered the following amendment: 1. Amend page 10, line 21, after “2011.” by inserting “A TAXPAYER THAT ELECTS PURSUANT TO THIS SUBSECTION TO PAY THE TAX IMPOSED BY THIS ACT SHALL, BEFORE CLAIMING A CERTIFICATED 1954 JOURNAL OF THE SENATE [December 8, 2016] [No. 76 CREDIT UNDER SECTION 431 FOR THE FOURTH TAX YEAR ENDING AFTER MAKING THE ELECTION UNDER THIS SUBSECTION AND EACH TAX YEAR THEREAFTER, SUBMIT WITH THE ANNUAL RETURN ON WHICH THE CERTIFICATED CREDIT IS CLAIMED A SIGNED AFFIDAVIT OR OTHER REASONABLE PROOF AS REQUIRED BY THE DEPARTMENT VERIFYING THAT THE TAXPAYER HAS NOT RECEIVED A NOTICE OF VIOLATION FROM, OR DOES NOT HAVE ANY UNRESOLVED ENFORCEMENT CASES WITH, ANY STATE OR FEDERAL AGENCY FOR THAT TAX YEAR. IF THE TAXPAYER HAS RECEIVED ANY NOTICE OF VIOLATION FROM, OR DOES HAVE ANY UNRESOLVED ENFORCEMENT CASES WITH, ANY STATE OR FEDERAL AGENCY FOR THAT TAX YEAR, THE TAXPAYER FORFEITS THE AMOUNT OF THAT CERTIFICATED CREDIT FOR THAT TAX YEAR.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Young requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 711 Yeas—12 Ananich Gregory Johnson Schuitmaker Bieda Hertel Knezek Warren Conyers Hopgood Rocca Young Nays—25 Booher Hildenbrand MacGregor Proos Brandenburg Horn Marleau Robertson Casperson Hune Meekhof Schmidt Colbeck Jones Nofs Shirkey Emmons Knollenberg O’Brien Stamas Green Kowall Pavlov Zorn Hansen Excused—1 Hood Not Voting—0 In The Chair: O’Brien Senator Stamas offered the following amendments: 1. Amend page 4, line 6, after “BY” by inserting “REORGANIZATION IN ACCORDANCE WITH SECTION 708(B)(2) OR SECTIONS 368(A)(1) AND 304(C) OF THE INTERNAL REVENUE CODE OR BY”. 2. Amend page 4, line 10, after “431,” by inserting “432,”. 3. Amend page 9, line 24, after “431,” by inserting “432,”. 4. Amend page 9, line 25, after “A” by inserting “REORGANIZATION OR”. 5. Amend page 10, line 13, after the first “THE” by inserting “REORGANIZATION OR”. 6. Amend page 10, line 15, after “431,” by inserting “432,”. 7. Amend page 10, line 22, after “431,” by inserting “432,”. The amendments were adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 76] [December 8, 2016] JOURNAL OF THE SENATE Roll Call No. 712 1955 Yeas—30 Booher Hertel MacGregor Robertson Brandenburg Hildenbrand Marleau Rocca Casperson Horn Meekhof Schmidt Conyers Hune Nofs Schuitmaker Emmons Jones O’Brien Shirkey Green Knezek Pavlov Stamas Gregory Knollenberg Proos Zorn Hansen Kowall Nays—7 Ananich Bieda Colbeck Johnson Young Hopgood Warren Excused—1 Hood Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5484, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40116 (MCL 324.40116), as amended by 2009 PA 65. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 713 Ananich Bieda Brandenburg Casperson Colbeck Conyers Emmons Green Gregory Yeas—36 Hansen Hertel Hildenbrand Hopgood Horn Hune Johnson Jones Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—1 Booher 1956 JOURNAL OF THE SENATE [December 8, 2016] [No. 76 Excused—1 Hood Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5599, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21502, 21503, 21508, 21510, 21510a, 21510c, 21515, 21516, 21521, and 21526 (MCL 324.21502, 324.21503, 324.21508, 324.21510, 324.21510a, 324.21510c, 324.21515, 324.21516, 324.21521, and 324.21526), sections 21502, 21503, 21508, 21510, 21515, 21516, 21521, and 21526 as amended and sections 21510a and 21510c as added by 2014 PA 416, and by adding section 21510d. The question being on the passage of the bill, Senator Warren offered the following amendments: 1. Amend page 15, line 16, after “TANKS,” by striking out “$2,000.00” and inserting “$5,000.00”. 2. Amend page 15, line 25, by striking out “$10,000.00” and inserting “$15,000.00”. The amendments were not adopted, a majority of the members serving not voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 714 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—10 Ananich Gregory Johnson Warren Bieda Hertel Knezek Young Conyers Hopgood No. 76] [December 8, 2016] JOURNAL OF THE SENATE 1957 Excused—1 Hood Not Voting—0 In The Chair: O’Brien The question being on concurring in the committee recommendation to give the bill immediate effect, Recess enator Kowall moved that the Senate recess until 12:30 p.m. S The motion prevailed, the time being 12:05 p.m. The Senate reconvened at the expiration of the recess and was called to order by the Assistant President pro tempore, Senator O’Brien. he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 1011, entitled A bill to amend 1979 PA 152, entitled “State license fee act,” by amending section 39 (MCL 338.2239), as amended by 2012 PA 308. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 715 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—10 Ananich Gregory Johnson Warren Bieda Hertel Knezek Young Conyers Hopgood 1958 JOURNAL OF THE SENATE [December 8, 2016] [No. 76 Excused—1 Hood Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1012, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2403 and 2404b (MCL 339.2403 and 339.2404b), section 2403 as amended by 1984 PA 191 and section 2404b as amended by 2014 PA 175. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 716 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—10 Ananich Gregory Johnson Warren Bieda Hertel Knezek Young Conyers Hopgood Excused—1 Hood Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. No. 76] [December 8, 2016] JOURNAL OF THE SENATE 1959 The following bill was read a third time: Senate Bill No. 1054, entitled A bill to amend 2004 PA 403, entitled “Michigan unarmed combat regulatory act,” by amending sections 20, 30, 33, 33a, 47, 48, and 54a (MCL 338.3620, 338.3630, 338.3633, 338.3633a, 338.3647, 338.3648, and 338.3654a), sections 20, 30, 47, and 48 as amended and sections 33a and 54a as added by 2015 PA 183 and section 33 as amended by 2016 PA 300. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 717 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4185, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 217c (MCL 257.217c), as amended by 2015 PA 48. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 718 Yeas—37 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Colbeck Hune Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas 1960 JOURNAL OF THE SENATE [December 8, 2016] [No. 76 Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 1187, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40103, 40110, 40113a, and 48703a (MCL 324.40103, 324.40110, 324.40113a, and 324.48703a), sections 40103, 40110, and 40113a as amended by 2014 PA 281 and section 48703a as amended by 2015 PA 12. The question being on the passage of the bill, Senator Warren offered the following amendment: 1. Amend page 8, line 4, by striking out all of subsection (3). The amendment was not adopted, a majority of the members serving not voting therefor. Senator Young requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 719 Ananich Bieda Colbeck Yeas—12 Conyers Gregory Hertel Hopgood Rocca Johnson Warren Knezek Young No. 76] [December 8, 2016] JOURNAL OF THE SENATE Nays—25 Booher Horn Marleau Robertson Brandenburg Hune Meekhof Schmidt Casperson Jones Nofs Schuitmaker Emmons Knollenberg O’Brien Shirkey Green Kowall Pavlov Stamas Hansen MacGregor Proos Zorn Hildenbrand Excused—1 Hood Not Voting—0 In The Chair: O’Brien he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 720 Yeas—27 Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Robertson Nays—10 Ananich Gregory Johnson Warren Bieda Hertel Knezek Young Conyers Hopgood Excused—1 Hood Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. 1961 1962 JOURNAL OF THE SENATE [December 8, 2016] [No. 76 The following bill was read a third time: House Bill No. 5889, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4a (MCL 205.54a), as amended by 2012 PA 126. The question being on the passage of the bill, Senator Hune offered the following amendment: 1. Amend page 3, line 5, after “DRAINING” by striking out the comma and “FOR AGRICULTURAL PURPOSES” and inserting “FOR AGRICULTURAL PURPOSES,”. The amendment was adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 721 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5890, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4 (MCL 205.94), as amended by 2012 PA 474. The question being on the passage of the bill, Senator Hune offered the following amendment: 1. Amend page 3, line 18, after “DRAINING” by striking out the comma and “FOR AGRICULTURAL PURPOSES” and inserting “FOR AGRICULTURAL PURPOSES,”. No. 76] [December 8, 2016] JOURNAL OF THE SENATE 1963 he amendment was adopted, a majority of the members serving voting therefor. T The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 722 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5591, entitled A bill to amend 2000 PA 305, entitled “Uniform electronic transactions act,” (MCL 450.831 to 450.849) by adding section 5a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 723 Yeas—37 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker 1964 JOURNAL OF THE SENATE [December 8, 2016] [No. 76 Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to authorize and provide the terms and conditions under which information and signatures can be transmitted, received, and stored by electronic means,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 1170, entitled A bill to amend 1985 PA 176, entitled “Child identification and protection act,” by amending sections 2 and 4 (MCL 722.772 and 722.774). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 724 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood No. 76] [December 8, 2016] JOURNAL OF THE SENATE 1965 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1171, entitled A bill to amend 1935 PA 120, entitled “An act to prescribe a method for the fingerprinting of residents of the state; to provide for the recording and filing of the fingerprints by the central records division of the department of state police; and to impose a fee,” by amending section 1 (MCL 28.271), as amended by 1985 PA 175, and by adding section 4. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 725 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 860, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 2015 PA 161. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 1966 JOURNAL OF THE SENATE [December 8, 2016] Roll Call No. 726 [No. 76 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4265, entitled A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending sections 11, 21, 31, 34, 34a, 41, 51, 52, 54, 61, 82, 85, and 111 (MCL 389.11, 389.21, 389.31, 389.34, 389.34a, 389.41, 389.51, 389.52, 389.54, 389.61, 389.82, 389.85, and 389.111), section 21 as amended by 2013 PA 53, sections 34, 34a, 51, 52, and 54 as amended by 2003 PA 306, section 41 as amended by 2004 PA 446, section 61 as amended and section 85 as added by 2000 PA 488, section 82 as amended by 1992 PA 20, and section 111 as amended by 1997 PA 135. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 727 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory No. 76] [December 8, 2016] JOURNAL OF THE SENATE 1967 Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise and consolidate the laws relating to community colleges; to provide for the creation of community college districts; to provide a charter for such districts; to provide for the government, control and administration of such districts; to provide for the election of a board of trustees; to define the powers and duties of the board of trustees; to provide for the assessment, levy, collection and return of taxes therefor; to authorize community college districts to operate a new jobs training program, enter into certain training agreements, and issue bonds to finance the training program; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: Senate Bill No. 980, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 6107 (MCL 500.6107), as added by 1992 PA 174. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 728 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood 1968 JOURNAL OF THE SENATE [December 8, 2016] [No. 76 Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: Senate Bill No. 1152, entitled A bill to amend 2007 PA 106, entitled “Public employees health benefit act,” by amending section 9 (MCL 124.79). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 729 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5702, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40114 (MCL 324.40114), as amended by 2014 PA 407. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 730 Ananich Bieda Yeas—37 Hansen Hertel Knollenberg Robertson Kowall Rocca No. 76] [December 8, 2016] JOURNAL OF THE SENATE 1969 Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senator Casperson introduced Senate Bill No. 1188, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2016 PA 72. The bill was read a first and second time by title and referred to the Committee on Transportation. House Bill No. 4630, entitled A bill to amend 1962 PA 150, entitled “An act relating to solicitations for employment; to prohibit recruitment of or advertising for employees to take the place of employees engaged in a labor dispute without stating that the employment offered is in place of employees involved in a labor dispute; to prohibit the importation of strikebreakers; and to provide penalties for violations of this act,” (MCL 423.251 to 423.254) by amending the title; and to repeal acts and parts of acts. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Commerce. House Bill No. 4643, entitled A bill to amend 1939 PA 176, entitled “An act to create a commission relative to labor disputes, and to prescribe its powers and duties; to provide for the mediation and arbitration of labor disputes, and the holding of elections thereon; to regulate the conduct of parties to labor disputes and to require the parties to follow certain procedures; to regulate and 1970 JOURNAL OF THE SENATE [December 8, 2016] [No. 76 limit the right to strike and picket; to protect the rights and privileges of employees, including the right to organize and engage in lawful concerted activities; to protect the rights and privileges of employers; to make certain acts unlawful; to make appropriations; and to prescribe means of enforcement and penalties for violations of this act,” by amending section 9f (MCL 423.9f). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Commerce. House Bill No. 5409, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Education. House Bill No. 5410, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307a. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Education. House Bill No. 5411, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307b. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Education. House Bill No. 5412, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307c. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Education. House Bill No. 5413, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307d. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Education. House Bill No. 5414, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307e. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Education. House Bill No. 5415, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307f. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Education. House Bill No. 5416, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307g. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Education. House Bill No. 5417, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307h. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Education. No. 76] [December 8, 2016] JOURNAL OF THE SENATE 1971 House Bill No. 5520, entitled A bill to amend 1909 PA 259, entitled “An act to provide that judgments of divorce and judgments of separate maintenance shall make provision in satisfaction of the claims of the wife in the property of the husband and in satisfaction of the claims of the husband and wife in contracts of insurance and annuity upon the life of the husband or wife, and in satisfaction of claims of the husband and wife in or to any pension, annuity, retirement allowance, or accumulated contributions in any pension, annuity, or retirement system, including any rights or contingent rights in and to unvested pension, annuity, or retirement benefits; and to change the tenure of lands owned by husband and wife in case of divorce, and to provide for the disposition or partition of such lands or the proceeds thereof,” by amending section 1 (MCL 552.101), as amended by 2006 PA 288. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5667, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17766c (MCL 333.17766c), as amended by 2014 PA 216. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Health Policy. House Bill No. 5815, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 83 (MCL 791.283). The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 6047, entitled A bill to amend 2013 PA 240, entitled “Michigan state capitol historic site act,” by amending section 6 (MCL 4.1946). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 6048, entitled A bill to amend 2013 PA 240, entitled “Michigan state capitol historic site act,” by amending section 4 (MCL 4.1944). The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 6066, entitled A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 523, 523a, 813, and 829 (MCL 168.523, 168.523a, 168.813, and 168.829), sections 523, 813, and 829 as amended by 2012 PA 523 and section 523a as added by 2004 PA 92, and by adding sections 20, 523b, and 523c. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. House Bill No. 6067, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2891 (MCL 333.2891), as amended by 2013 PA 136, and by adding section 2882b. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. House Bill No. 6068, entitled A bill to amend 1972 PA 222, entitled “An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes,” by amending sections 1, 1a, and 2 (MCL 28.291, 28.291a, and 28.292), section 1 as amended by 2012 PA 25, section 1a as amended by 2008 PA 31, and section 2 as amended by 2016 PA 203. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Elections and Government Reform. 1972 JOURNAL OF THE SENATE [December 8, 2016] [No. 76 Statements Senator Warren asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Warren’s statement is as follows: I rise today with the sad news that, just yesterday, the state of Michigan lost an amazing champion for people, for children, and for those who are struggling for their voices to be heard. Former State Representative Hubert Price, Jr. of Pontiac passed away at his home yesterday after a brief illness. Some of you might be shaking your heads and asking why is the Senator from Washtenaw County standing up to pay homage to a former State Representative from Oakland County. A lot of you know I started my career here as a staff person. I worked for a State Representative from Washtenaw County for five years, and when she was term-limited, Representative Price picked me up and I ran the budgets for him as he was the ranking member on Appropriations. He was a tireless advocate for early childhood education, and for increasing funding for those who take care of our children. When Senator Jansen, our colleague who was just term-limited, was the chair of the budget for FIA at the time, they would work in a bipartisan fashion, trying to find the resources to make sure that our most vulnerable kids had quality childcare. He was active in his community. He was, for 20 years, a county commissioner on the Oakland County Commission, leaving that office only when he ran for State Representative in 1994 and won. He was involved in local nonprofits. He was on the board of the United Way of Oakland County for a number of years, and he was, for those of you who met him, a very high energy person and there was almost no boundary to how hard he would work and how hard he would ask his staff to work. I always said he never asked me to work harder than he did, but, man, he worked really hard and really early in the morning. Hubert encouraged people to get involved in this process. He had a saying he said often: “If you don’t have a seat at the table, you’re going to be on the menu.” He encouraged so many people to get involved in local politics in Pontiac and Oakland County and state-level politics. On behalf of a champion for justice, of a champion for children, and the people, I ask that we give former Representa­ tive Hubert Price, Jr. just a moment of silence in his memory, and be sure that his family and the Pontiac citizens and Oakland County citizens and actually citizens throughout the state who were touched by his work know of our great esteem for everything that he did and send our sympathies to his family. A moment of silence was observed in memory of former State Representative Hubert Price, Jr. Committee Reports The Committee on Education reported House Bill No. 4265, entitled A bill to amend 1966 PA 331, entitled “Community college act of 1966,” by amending sections 11, 21, 31, 34, 34a, 41, 51, 52, 54, 61, 82, 85, and 111 (MCL 389.11, 389.21, 389.31, 389.34, 389.34a, 389.41, 389.51, 389.52, 389.54, 389.61, 389.82, 389.85, and 389.111), section 21 as amended by 2013 PA 53, sections 34, 34a, 51, 52, and 54 as amended by 2003 PA 306, section 41 as amended by 2004 PA 446, section 61 as amended and section 85 as added by 2000 PA 488, section 82 as amended by 1992 PA 20, and section 111 as amended by 1997 PA 135. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher and Colbeck Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. The Committee on Education reported House Bill No. 4136, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1166 (MCL 380.1166). With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson No. 76] [December 8, 2016] JOURNAL OF THE SENATE 1973 To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher and Colbeck Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Wednesday, December 7, 2016, at 9:15 a.m., Room 110, Farnum Building Present: Senators Pavlov (C), Knollenberg, Booher and Colbeck Excused: Senator Hopgood The Committee on Regulatory Reform reported House Bill No. 5857, entitled A bill to amend 1974 PA 300, entitled “Motor vehicle service and repair act,” by amending sections 2, 2a, 3, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 30, 32, 33, 34a, 36, and 39 (MCL 257.1302, 257.1302a, 257.1303, 257.1307, 257.1309, 257.1310, 257.1311, 257.1312, 257.1313, 257.1314, 257.1315, 257.1316, 257.1317, 257.1318, 257.1319, 257.1320, 257.1321, 257.1322, 257.1330, 257.1332, 257.1333, 257.1334a, 257.1336, and 257.1339), sections 2 and 10 as amended by 2016 PA 33, section 2a as added and sections 18, 22, and 30 as amended by 1988 PA 254, and section 17 as amended by 2002 PA 464, and by adding sections 7a, 7b, 7c, 7d, 7e, 7f, 10b, 13a, 13b, and 32a. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Tory Rocca Chairperson To Report Out: Yeas: Senators Rocca, Jones, Kowall, MacGregor, Warren, Hertel and Johnson Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Regulatory Reform submitted the following: T Meeting held on Wednesday, December 7, 2016, at 1:00 p.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Rocca (C), Jones, Kowall, MacGregor, Warren, Hertel and Johnson Excused: Senators Knollenberg and Hune The Committee on Insurance reported Senate Bill No. 980, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 6107 (MCL 500.6107), as added by 1992 PA 174. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Brandenburg, Schmidt, O’Brien, Horn, Jones, Marleau, Bieda, Johnson and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Insurance reported Senate Bill No. 1152, entitled A bill to amend 2007 PA 106, entitled “Public employees health benefit act,” by amending section 9 (MCL 124.79). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson 1974 JOURNAL OF THE SENATE [December 8, 2016] [No. 76 To Report Out: Yeas: Senators Hune, Brandenburg, Schmidt, O’Brien, Horn, Jones, Marleau, Bieda, Johnson and Young Nays: None The bill was referred to the Committee of the Whole. The Committee on Insurance reported House Bill No. 5514, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 834, 835, and 836b (MCL 500.834, 500.835, and 500.836b), section 834 as amended and section 836b as added by 2014 PA 571 and section 835 as amended by 1982 PA 221, and by adding section 835a. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson To Report Out: Yeas: Senators Hune, Brandenburg, Schmidt, O’Brien, Horn, Jones, Marleau, Bieda, Johnson and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Insurance submitted the following: T Meeting held on Wednesday, December 7, 2016, at 12:00 noon, Room 100, Farnum Building Present: Senators Hune (C), Brandenburg, Schmidt, O’Brien, Horn, Jones, Marleau, Bieda, Johnson and Young The Committee on Natural Resources reported House Bill No. 5702, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40114 (MCL 324.40114), as amended by 2014 PA 407. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Pavlov, Robertson, Stamas and Warren Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Natural Resources submitted the following: T Meeting held on Wednesday, December 7, 2016, at 12:30 p.m., Room 210, Farnum Building Present: Senators Casperson (C), Pavlov, Robertson, Stamas and Warren The Committee on Appropriations reported House Bill No. 5664, entitled A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2015 PA 20. With the recommendation that the substitute (S-2) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. No. 76] [December 8, 2016] JOURNAL OF THE SENATE 1975 The Committee on Appropriations reported House Bill No. 5847, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending sections 302, 352, 354, 355, 356, 358, and 367b (MCL 18.1302, 18.1352, 18.1354, 18.1355, 18.1356, 18.1358, and 18.1367b), sections 352, 354, 355, and 356 as amended by 1999 PA 8, section 358 as amended by 2014 PA 188, and section 367b as amended by 2011 PA 47; and to repeal acts and parts of acts. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. David S. Hildenbrand Chairperson To Report Out: Yeas: Senators Hildenbrand, MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Proos, Nofs, Green and Marleau Nays: Senators Shirkey, Gregory, Hopgood, Hertel, Knezek and Young The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Appropriations submitted the following: T Meeting held on Wednesday, December 7, 2016, at 1:30 p.m., Harry T. Gast Appropriations Room, 3rd Floor, Capitol Building Present: Senators Hildenbrand (C), MacGregor, Hansen, Stamas, Schuitmaker, Knollenberg, Booher, Shirkey, Proos, Nofs, Green, Marleau, Gregory, Hopgood, Hertel, Knezek and Young Scheduled Meetings Administrative Rules - Monday, December 12, 10:30 a.m., Room 100, Farnum Building (373-5773) Economic Development and International Investment - Wednesday, December 14, 1:30 p.m., Room 210, Farnum Building (373-5323) Michigan Capitol Committee - Monday, December 12, 11:00 a.m., Room H-65, Capitol Building (373-0184) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 1:24 p.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Tuesday, December 13, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 1976 No. 77 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Tuesday, December 13, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Conyers—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—excused Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 1978 JOURNAL OF THE SENATE [December 13, 2016] [No. 77 astor Srihari Kadambi of Bharatiya Hindu Temple of Lansing offered the following invocation: P May God protect us both, the teacher and the student. May God nourish us both. May we work together with energy and vigor. May our study be enlightening and not give rise to hostility. Peace, peace, peace. Let there be peace within you. Peace to the people around you and in the world. Let there be peace in this universe. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Emmons entered the Senate Chamber. Senator Kowall moved that Senators Brandenburg, Casperson, Horn, Robertson and Schuitmaker be temporarily excused from today’s session. The motion prevailed. enator Gregory moved that Senators Johnson and Young be temporarily excused from today’s session. S The motion prevailed. enator Gregory moved that Senator Hood be excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guest of Senator MacGregor admittance to the Senate floor. The motion prevailed. The following communication was received and read: Office of the Auditor General December 9, 2016 nclosed is a copy of the following report: E • Follow-up report on the performance audit of the Grand Rapids Home for Veterans, Michigan Veterans Affairs Agency, Department of Military and Veterans Affairs. Sincerely, Doug Ringler Auditor General The audit report was referred to the Committee on Government Operations. The Secretary announced that the following House bills were received in the Senate and filed on Thursday, December 8: House Bill Nos. 4264 4520 4982 5120 5281 5561 5626 5628 5629 5791 5811 5821 5822 5837 5928 6036 6075 The Secretary announced that the following bills were printed and filed on Thursday, December 8, and are available at the Michigan Legislature website: Senate Bill No. 1188 House Bill No. 6111 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:06 a.m. 10:54 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. During the recess, Senators Casperson, Horn, Johnson, Robertson, Schuitmaker and Young entered the Senate Chamber. No. 77] [December 13, 2016] JOURNAL OF THE SENATE 1979 By unanimous consent the Senate proceeded to the order of Messages from the House Senate Bill No. 929, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending sections 525, 533, 541, and 543 (MCL 436.1525, 436.1533, 436.1541, and 436.1543), section 525 as amended by 2014 PA 353, section 533 as amended by 1998 PA 416, section 541 as amended by 2016 PA 84, and section 543 as amended by 2010 PA 213, and by adding section 903b. The House of Representatives has substituted (H-3) the bill. The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending sections 525, 533, 539, 541, and 543 (MCL 436.1525, 436.1533, 436.1539, 436.1541, and 436.1543), section 525 as amended by 2016 PA 315, section 533 as amended by 2016 PA 137, section 541 as amended by 2016 PA 84, and section 543 as amended by 2010 PA 213, and by adding section 903b. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 731 Yeas—35 Ananich Hansen Knollenberg Rocca Bieda Hertel Kowall Schmidt Booher Hildenbrand MacGregor Schuitmaker Casperson Hopgood Meekhof Shirkey Colbeck Horn Nofs Stamas Conyers Hune O’Brien Warren Emmons Johnson Pavlov Young Green Jones Proos Zorn Gregory Knezek Robertson Nays—1 Marleau Excused—2 Brandenburg Hood 1980 JOURNAL OF THE SENATE [December 13, 2016] [No. 77 Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 954, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 2004 and 2012 (MCL 339.2004 and 339.2012), section 2004 as amended by 2009 PA 143 and section 2012 as amended by 2002 PA 495; and to repeal acts and parts of acts. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1980 PA 299, entitled “An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations and to regulate certain persons and activities relative to those occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to provide immunity from certain civil liability for certain entities and certain related occupations under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,” by amending section 2004 (MCL 339.2004), as amended by 2009 PA 143; and to repeal acts and parts of acts. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 732 Ananich Bieda Booher Casperson Conyers Emmons Green Gregory Hansen Yeas—35 Hertel Kowall Rocca Hildenbrand MacGregor Schmidt Hopgood Marleau Schuitmaker Horn Meekhof Shirkey Hune Nofs Stamas Johnson O’Brien Warren Jones Pavlov Young Knezek Proos Zorn Knollenberg Robertson Nays—1 Colbeck Excused—2 Brandenburg Hood No. 77] [December 13, 2016] JOURNAL OF THE SENATE 1981 Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 1025, entitled A bill to amend 1956 PA 217, entitled “Electrical administrative act,” by amending section 1a (MCL 338.881a), as added by 1992 PA 130. The House of Representatives has amended the bill as follows: 1. Amend page 2, line 16, by striking out all of enacting section 1. The House of Representatives has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the amendment made to the bill by the House, The amendment was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 733 Ananich Bieda Booher Casperson Conyers Emmons Green Gregory Hansen Yeas—35 Hertel Kowall Rocca Hildenbrand MacGregor Schmidt Hopgood Marleau Schuitmaker Horn Meekhof Shirkey Hune Nofs Stamas Johnson O’Brien Warren Jones Pavlov Young Knezek Proos Zorn Knollenberg Robertson Nays—1 Colbeck Excused—2 Brandenburg Hood Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. 1982 JOURNAL OF THE SENATE [December 13, 2016] [No. 77 By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills House Bill No. 4264, entitled A bill to amend 1945 PA 78, entitled “An act to declare the area of the state of Michigan,” by amending the title and sections 1 and 2 (MCL 2.1 and 2.2). The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Local Government. House Bill No. 4520, entitled A bill to amend 1972 PA 348, entitled “An act to regulate relationships between landlords and tenants relative to rental agreements for rental units; to regulate the payment, repayment, use and investment of security deposits; to provide for commencement and termination inventories of rental units; to provide for termination arrangements relative to rental units; to provide for legal remedies; and to provide penalties,” by amending the title and section 1 (MCL 554.601), section 1 as amended by 1995 PA 79, and by adding sections 1d, 1e, 1f, and 1g. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Local Government. House Bill No. 4982, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending sections 27, 32, 54, and 62 (MCL 421.27, 421.32, 421.54, and 421.62), section 27 as amended by 2012 PA 496, section 32 as amended by 2013 PA 144, section 54 as amended by 2013 PA 143, and section 62 as amended by 2013 PA 147. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Commerce. House Bill No. 5120, entitled A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 19 (MCL 325.1019). The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 5281, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding sec­ tion 257. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title and referred to the Committee on Appropriations. House Bill No. 5561, entitled A bill to amend 1917 PA 167, entitled “Housing law of Michigan,” by amending section 126 (MCL 125.526), as amended by 2016 PA 14. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Local Government. House Bill No. 5626, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 55 of chapter X (MCL 710.55), as added by 1994 PA 222. The House of Representatives has passed the bill. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. No. 77] [December 13, 2016] JOURNAL OF THE SENATE 1983 House Bill No. 5628, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 136c (MCL 750.136c), as added by 2000 PA 205. The House of Representatives has passed the bill. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 5629, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5103 (MCL 700.5103), as amended by 2004 PA 93. The House of Representatives has passed the bill. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 5791, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 904 (MCL 257.904), as amended by 2015 PA 11. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Judiciary. House Bill No. 5811, entitled A bill to amend 1968 PA 317, entitled “An act relating to the conduct of public servants in respect to governmental decisions and contracts with public entities; to provide penalties for the violation of this act; to repeal certain acts and parts of acts; and to validate certain contracts,” by amending section 3 (MCL 15.323), as amended by 1997 PA 145. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Oversight. House Bill No. 5821, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2016 PA 204. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the General Orders calendar for consideration today. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 5822, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding sec­ tion 241c. The House of Representatives has passed the bill and ordered that it be given immediate effect. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the General Orders calendar for consideration today. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 5837, entitled A bill to amend 2001 PA 142, entitled “Michigan memorial highway act,” (MCL 250.1001 to 250.2080) by adding sec­ tion 10a. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Transportation. 1984 JOURNAL OF THE SENATE [December 13, 2016] [No. 77 House Bill No. 5928, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 2 (MCL 205.92), as amended by 2016 PA 7. The House of Representatives has passed the bill. The bill was read a first and second time by title. Senator Kowall moved that rule 3.203 be suspended and that the bill be referred to the Committee of the Whole and placed on the order of General Orders. The motion prevailed, a majority of the members serving voting therefor. House Bill No. 6036, entitled A bill to amend 1968 PA 2, entitled “Uniform budgeting and accounting act,” (MCL 141.421 to 141.440a) by adding section 13a. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Government Operations. House Bill No. 6075, entitled A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending sections 13 and 20h (MCL 38.1133 and 38.1140h), section 13 as amended by 2016 PA 145 and section 20h as amended by 2012 PA 347. The House of Representatives has passed the bill. The bill was read a first and second time by title and referred to the Committee on Government Operations. By unanimous consent the Senate returned to the order of Motions and Communications enator Kowall moved that rule 2.106 be suspended to allow committees to meet during Senate session. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess until 4:00 p.m. S The motion prevailed, the time being 11:13 a.m. The Senate reconvened at the expiration of the recess and was called to order by the Assistant President pro tempore, Senator O’Brien. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 4:01 p.m. 5:49 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senator Brandenburg entered the Senate Chamber. Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today: House Bill No. 5774 House Bill No. 6013 House Bill No. 5520 House Bill No. 5842 House Bill No. 5843 House Bill No. 5844 No. 77] [December 13, 2016] JOURNAL OF THE SENATE 1985 House Bill No. 5845 House Bill No. 5846 The motion prevailed, a majority of the members serving voting therefor. Messages from the Governor The following messages from the Governor were received: Date: December 8, 2016 Time: 8:06 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 885 (Public Act No. 328), being An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 545 (MCL 436.1545), as added by 2010 PA 213. (Filed with the Secretary of State on December 8, 2016, at 11:22 a.m.) Date: December 8, 2016 Time: 9:02 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 597 (Public Act No. 330), being An act relating to certain trusts; to provide for the powers and procedures of the court that has jurisdiction of certain trusts; to provide for the validity and effect of certain transfers and contracts that relate to certain trusts; to provide remedies; and to provide procedures to facilitate enforcement of certain trusts. (Filed with the Secretary of State on December 8, 2016, at 11:26 a.m.) Date: December 8, 2016 Time: 9:06 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 996 (Public Act No. 333), being An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” (MCL 257.1 to 257.923) by adding section 665b. (Filed with the Secretary of State on December 9, 2016, at 1:47 p.m.) 1986 JOURNAL OF THE SENATE [December 13, 2016] [No. 77 Date: December 8, 2016 Time: 9:08 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 997 (Public Act No. 334), being An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 601a (MCL 257.601a), as amended by 2011 PA 115. (Filed with the Secretary of State on December 9, 2016, at 1:49 p.m.) Date: December 8, 2016 Time: 9:10 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 998 (Public Act No. 335), being An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 2949b (MCL 600.2949b), as added by 2013 PA 251. (Filed with the Secretary of State on December 9, 2016, at 1:51 p.m.) Date: December 9, 2016 Time: 11:30 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 995 (Public Act No. 332), being An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending sections 2b, 204a, 602b, 643, 643a, and 665 (MCL 257.2b, 257.204a, No. 77] [December 13, 2016] JOURNAL OF THE SENATE 1987 257.602b, 257.643, 257.643a, and 257.665), sections 2b and 665 as added and section 602 as amended by 2013 PA 231 and section 204a as amended by 2004 PA 362, and by adding sections 40c, 606b, and 665a; and to repeal acts and parts of acts. (Filed with the Secretary of State on December 9, 2016, at 1:45 p.m.) Respectfully, Rick Snyder Governor By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President pro tempore, Senator Schuitmaker, designated Senator Hildenbrand as Chair­ person. After some time spent therein, the Committee arose; and the President pro tempore, Senator Schuitmaker, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 5571, entitled A bill to authorize the state administrative board to accept and convey property in Calhoun County; to prescribe conditions for the acceptance and conveyance of the property; and to provide for disposition of revenue. House Bill No. 5694, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1310 (MCL 380.1310), as amended by 2000 PA 230. House Bill No. 5577, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 226, 248, 248h, and 802 (MCL 257.226, 257.248, 257.248h, and 257.802), section 226 as amended by 2004 PA 163, section 248 as amended by 2004 PA 495, section 248h as added by 1993 PA 300, and section 802 as amended by 2015 PA 78, and by adding sections 248k, 250a, 250b, and 250c. House Bill No. 5753, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1321 (MCL 380.1321), as amended by 2008 PA 1. House Bill No. 5113, entitled A bill to amend 1939 PA 178, entitled “An act to provide for the collection of water or sewage system rates, assess­ments, charges, or rentals; and to provide a lien for water or sewage system services furnished by municipalities as defined by this act,” by amending section 2 (MCL 123.162), as amended by 1981 PA 132. House Bill No. 5796, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by repealing section 1766 (MCL 380.1766). House Bill No. 5748, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 5861 and 5863 (MCL 333.5861 and 333.5863), section 5863 as amended by 2015 PA 91. House Bill No. 5824, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4w (MCL 205.54w), as amended by 2006 PA 665. 1988 JOURNAL OF THE SENATE [December 13, 2016] [No. 77 House Bill No. 5825, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4s (MCL 205.94s), as amended by 2006 PA 666. House Bill No. 5857, entitled A bill to amend 1974 PA 300, entitled “Motor vehicle service and repair act,” by amending sections 2, 2a, 3, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 30, 32, 33, 34a, 36, and 39 (MCL 257.1302, 257.1302a, 257.1303, 257.1307, 257.1309, 257.1310, 257.1311, 257.1312, 257.1313, 257.1314, 257.1315, 257.1316, 257.1317, 257.1318, 257.1319, 257.1320, 257.1321, 257.1322, 257.1330, 257.1332, 257.1333, 257.1334a, 257.1336, and 257.1339), sections 2 and 10 as amended by 2016 PA 33, section 2a as added and sections 18, 22, and 30 as amended by 1988 PA 254, and section 17 as amended by 2002 PA 464, and by adding sections 7a, 7b, 7c, 7d, 7e, 7f, 10b, 13a, 13b, and 32a. House Bill No. 6013, entitled A bill to amend 2014 PA 259, entitled “Michigan national guard tuition assistance act,” by amending section 3 (MCL 32.433). House Bill No. 5520, entitled A bill to amend 1909 PA 259, entitled “An act to provide that judgments of divorce and judgments of separate maintenance shall make provision in satisfaction of the claims of the wife in the property of the husband and in satisfaction of the claims of the husband and wife in contracts of insurance and annuity upon the life of the husband or wife, and in satisfaction of claims of the husband and wife in or to any pension, annuity, retirement allowance, or accumulated contributions in any pension, annuity, or retirement system, including any rights or contingent rights in and to unvested pension, annuity, or retirement benefits; and to change the tenure of lands owned by husband and wife in case of divorce, and to provide for the disposition or partition of such lands or the proceeds thereof,” by amending section 1 (MCL 552.101), as amended by 2006 PA 288. House Bill No. 5842, entitled A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending sections 3, 5, and 11 (MCL 780.983, 780.985, and 780.991). House Bill No. 5843, entitled A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending section 9 (MCL 780.989). House Bill No. 5844, entitled A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending section 13 (MCL 780.993). House Bill No. 5845, entitled A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending section 15 (MCL 780.995). House Bill No. 5846, entitled A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending section 17 (MCL 780.997). House Bill No. 5821, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2016 PA 204. No. 77] [December 13, 2016] JOURNAL OF THE SENATE 1989 House Bill No. 5822, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding sec­ tion 241c. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4629, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7523 and 7524 (MCL 333.7523 and 333.7524), section 7523 as amended by 2006 PA 130 and section 7524 as amended by 2011 PA 161. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5618, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1310d. Substitute (S-4). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill: House Bill No. 5619, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1310c. The following is the amendment recommended by the Committee of the Whole: 1. Amend page 2, line 27, by striking out all of enacting section 1 and inserting: “Enacting section 1. This amendatory act takes effect August 1, 2017.”. The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill: House Bill No. 5620, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1310b (MCL 380.1310b), as amended by 2014 PA 478. The following is the amendment recommended by the Committee of the Whole: 1. Amend page 7, line 17, by striking out “2016.” and inserting “2017.”. The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill: House Bill No. 5621, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1308 (MCL 380.1308), as added by 1999 PA 102. The following is the amendment recommended by the Committee of the Whole: 1. Amend page 6, following line 19, by striking out all of enacting section 1 and inserting: “Enacting section 1. This amendatory act takes effect August 1, 2017.”. The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5693, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1311 (MCL 380.1311), as amended by 2008 PA 1. Substitute (S-3). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. 1990 JOURNAL OF THE SENATE [December 13, 2016] [No. 77 The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill: House Bill No. 5695, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1311a (MCL 380.1311a), as amended by 2007 PA 138. The following is the amendment recommended by the Committee of the Whole: 1. Amend page 9, line 16, by striking out “2016.” and inserting “2017.”. The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5400, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2701, 2705, 5119, 16327, 17201, 17210, 17211, 17212, 17221, 17607, 17708, 17745, 17820, 17822, and 20201 (MCL 333.2701, 333.2705, 333.5119, 333.16327, 333.17201, 333.17210, 333.17211, 333.17212, 333.17221, 333.17607, 333.17708, 333.17745, 333.17820, 333.17822, and 333.20201), sections 2701 and 2705 as amended by 2014 PA 172, section 5119 as amended by 2016 PA 66, section 16327 as amended by 2009 PA 216, sections 17211 and 17221 as amended by 2006 PA 409, section 17212 as added by 1996 PA 355, section 17607 as added by 2008 PA 524, section 17708 as amended by 2016 PA 49, section 17745 as amended by 2014 PA 525, section 17820 as amended by 2014 PA 260, section 17822 as amended by 2005 PA 281, and section 20201 as amended by 2011 PA 210, and by adding sections 17211a and 17214. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5514, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 834, 835, and 836b (MCL 500.834, 500.835, and 500.836b), section 834 as amended and section 836b as added by 2014 PA 571 and section 835 as amended by 1982 PA 221, and by adding section 835a. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5664, entitled A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2015 PA 20. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5774, entitled A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending the title and sections 3, 4, 10, 11, and 20 (MCL 400.703, 400.704, 400.710, 400.711, and 400.720), the title as amended by 1992 PA 176, sections 3 and 10 as amended by 2014 PA 450, section 4 as amended by 2013 PA 156, and sections 11 and 20 as amended by 2006 PA 201, and by adding section 22b. Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. Recess Senator Kowall moved that the Senate recess subject to the call of the Chair. The motion prevailed, the time being 6:10 p.m. No. 77] [December 13, 2016] JOURNAL OF THE SENATE 1991 6:31 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: House Bill No. 5618 House Bill No. 5619 House Bill No. 5620 House Bill No. 5621 House Bill No. 5693 House Bill No. 5694 House Bill No. 5695 House Bill No. 5824 House Bill No. 5825 House Bill No. 5520 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: House Bill No. 5618, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1310d. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 734 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood In The Chair: Schuitmaker Not Voting—0 1992 JOURNAL OF THE SENATE [December 13, 2016] [No. 77 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5619, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1310c. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 735 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school No. 77] [December 13, 2016] JOURNAL OF THE SENATE 1993 districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5620, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1310b (MCL 380.1310b), as amended by 2014 PA 478. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 736 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. 1994 JOURNAL OF THE SENATE [December 13, 2016] [No. 77 The following bill was read a third time: House Bill No. 5621, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1308 (MCL 380.1308), as added by 1999 PA 102. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 737 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5693, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1311 (MCL 380.1311), as amended by 2008 PA 1. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 77] Roll Call No. 738 [December 13, 2016] JOURNAL OF THE SENATE 1995 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5694, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1310 (MCL 380.1310), as amended by 2000 PA 230. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 739 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt 1996 JOURNAL OF THE SENATE [December 13, 2016] [No. 77 Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5695, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1311a (MCL 380.1311a), as amended by 2007 PA 138. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 740 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory No. 77] [December 13, 2016] JOURNAL OF THE SENATE 1997 Nays—0 Excused—1 Hood Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5824, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4w (MCL 205.54w), as amended by 2006 PA 665. The question being on the passage of the bill, Senator Knezek offered the following amendment: 1. Amend page 3, following line 26, by inserting: “Enacting section 2. The legislature shall annually appropriate sufficient funds from the state general fund to the state school aid fund created in section 11 of article IX of the state constitution of 1963 to fully compensate for any loss of revenue to the state school aid fund resulting from the enactment of this amendatory act.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Young requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 741 Yeas—15 Ananich Hertel Jones Warren Bieda Hopgood Knezek Young Conyers Horn O’Brien Zorn Gregory Johnson Rocca Nays—22 Booher Hansen Marleau Robertson Brandenburg Hildenbrand Meekhof Schmidt 1998 JOURNAL OF THE SENATE [December 13, 2016] [No. 77 Casperson Hune Nofs Schuitmaker Colbeck Knollenberg Pavlov Shirkey Emmons Kowall Proos Stamas Green MacGregor Excused—1 Hood Not Voting—0 In The Chair: Schuitmaker he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 742 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,”. The Senate agreed to the full title. No. 77] [December 13, 2016] JOURNAL OF THE SENATE 1999 The following bill was read a third time: House Bill No. 5825, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 4s (MCL 205.94s), as amended by 2006 PA 666. The question being on the passage of the bill, Senator Knezek offered the following amendment: 1. Amend page 3, following line 26, by inserting: “Enacting section 2. The legislature shall annually appropriate sufficient funds from the state general fund to the state school aid fund created in section 11 of article IX of the state constitution of 1963 to fully compensate for any loss of revenue to the state school aid fund resulting from the enactment of this amendatory act.”. The amendment was not adopted, a majority of the members serving not voting therefor. Senator Young requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment was not adopted, a majority of the members serving not voting therefor, as follows: Roll Call No. 743 Ananich Bieda Conyers Gregory Yeas—16 Hertel Hopgood Horn Johnson Jones Rocca Knezek Warren O’Brien Young Robertson Zorn Nays—21 Booher Hansen MacGregor Proos Brandenburg Hildenbrand Marleau Schmidt Casperson Hune Meekhof Schuitmaker Colbeck Knollenberg Nofs Shirkey Emmons Kowall Pavlov Stamas Green Excused—1 Hood Not Voting—0 In The Chair: Schuitmaker The Assistant President pro tempore, Senator O’Brien, resumed the Chair. he question being on the passage of the bill, T The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 744 Ananich Bieda Yeas—37 Hansen Hertel Knollenberg Robertson Kowall Rocca 2000 JOURNAL OF THE SENATE [December 13, 2016] [No. 77 Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5520, entitled A bill to amend 1909 PA 259, entitled “An act to provide that judgments of divorce and judgments of separate maintenance shall make provision in satisfaction of the claims of the wife in the property of the husband and in satisfaction of the claims of the husband and wife in contracts of insurance and annuity upon the life of the husband or wife, and in satisfaction of claims of the husband and wife in or to any pension, annuity, retirement allowance, or accumulated contributions in any pension, annuity, or retirement system, including any rights or contingent rights in and to unvested pension, annuity, or retirement benefits; and to change the tenure of lands owned by husband and wife in case of divorce, and to provide for the disposition or partition of such lands or the proceeds thereof,” by amending section 1 (MCL 552.101), as amended by 2006 PA 288. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 745 Ananich Bieda Booher Brandenburg Casperson Colbeck Conyers Emmons Yeas—32 Gregory Hansen Hertel Hildenbrand Hopgood Horn Hune Jones Knezek Proos Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas Pavlov Zorn No. 77] [December 13, 2016] JOURNAL OF THE SENATE 2001 Nays—5 Green O’Brien Warren Young Johnson Excused—1 Hood Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 558, entitled A bill to amend 1846 RS 66, entitled “Of estates in dower, by the curtesy, and general provisions concerning real estate,” (MCL 558.1 to 558.29) by adding section 30; and to repeal acts and parts of acts. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2). Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 746 Yeas—32 Ananich Green Bieda Gregory Booher Hansen Brandenburg Hertel Casperson Hildenbrand Colbeck Hopgood Conyers Horn Emmons Hune Jones Pavlov Knezek Proos Knollenberg Rocca Kowall Schmidt MacGregor Schuitmaker Marleau Shirkey Meekhof Stamas Nofs Zorn Nays—4 Johnson O’Brien Warren Young Excused—1 Hood 2002 JOURNAL OF THE SENATE [December 13, 2016] [No. 77 Not Voting—1 Robertson In The Chair: O’Brien enator Kowall moved to reconsider the vote by which the House substitute was concurred in. S The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 747 Yeas—33 Ananich Gregory Knezek Proos Bieda Hansen Knollenberg Robertson Booher Hertel Kowall Rocca Brandenburg Hildenbrand MacGregor Schmidt Casperson Hopgood Marleau Schuitmaker Colbeck Horn Meekhof Shirkey Conyers Hune Nofs Stamas Emmons Jones Pavlov Zorn Green Nays—4 Johnson O’Brien Warren Young Excused—1 Hood Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Casperson admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. Senate Bill No. 560, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending sections 1303, 2202, 2205, and 3807 (MCL 700.1303, 700.2202, 700.2205, and 700.3807), sections 1303, 2202, and 2205 as amended by 2000 PA 54 and section 3807 as amended by 2000 PA 177. No. 77] [December 13, 2016] JOURNAL OF THE SENATE 2003 he House of Representatives has substituted (H-1) the bill. T The House of Representatives has passed the bill as substituted (H-1) and amended the title to read as follows: A bill to amend 1998 PA 386, entitled “An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts,” by amending sections 1303, 2202, 2205, and 3807 (MCL 700.1303, 700.2202, 700.2205, and 700.3807), section 1303 as amended by 2016 PA 287, sections 2202 and 2205 as amended by 2000 PA 54, and section 3807 as amended by 2000 PA 177. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 748 Yeas—33 Ananich Gregory Knezek Proos Bieda Hansen Knollenberg Robertson Booher Hertel Kowall Rocca Brandenburg Hildenbrand MacGregor Schmidt Casperson Hopgood Marleau Schuitmaker Colbeck Horn Meekhof Shirkey Conyers Hune Nofs Stamas Emmons Jones Pavlov Zorn Green Nays—4 Johnson O’Brien Warren Young Excused—1 Hood Not Voting—0 In The Chair: O’Brien he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 7:08 p.m. 2004 JOURNAL OF THE SENATE [December 13, 2016] [No. 77 7:13 p.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. Senate Bill No. 591, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 63201 (MCL 324.63201), as added by 2004 PA 449, and by adding part 634. The House of Representatives has substituted (H-3) the bill. The House of Representatives has passed the bill as substituted (H-3) and amended the title to read as follows: A bill to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 3118, 9115, and 63201 (MCL 324.3118, 324.9115, and 324.63201), section 3118 as amended by 2015 PA 82, section 9115 as amended by 2011 PA 214, and section 63201 as added by 2004 PA 449, and by adding part 634. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, Senator Casperson offered the following substitute to the House substitute: Substitute (S-1). The substitute to the substitute was adopted. The question being on concurring in the House substitute, as substituted, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 749 Yeas—26 Booher Horn Meekhof Rocca Brandenburg Hune Nofs Schmidt Casperson Jones O’Brien Schuitmaker Emmons Knollenberg Pavlov Shirkey Green Kowall Proos Stamas Hansen MacGregor Robertson Zorn Hildenbrand Marleau Nays—11 Ananich Conyers Hopgood Warren Bieda Gregory Johnson Young Colbeck Hertel Knezek Excused—1 Hood In The Chair: O’Brien Not Voting—0 No. 77] [December 13, 2016] JOURNAL OF THE SENATE 2005 The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title as amended. Senate Bill No. 697, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3011. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 881, entitled A bill to authorize the department of technology, management, and budget to convey parcels of state-owned property in Baraga, Bay, Calhoun, Gratiot, Lenawee, Manistee, and Van Buren Counties; to prescribe conditions for the conveyances; to provide for powers and duties of state departments, agencies, and officers in regard to the property; and to provide for disposition of revenue derived from the conveyances. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and amended the title to read as follows: A bill to authorize the department of technology, management, and budget to convey parcels of state-owned property in Baraga, Bay, Calhoun, Gratiot, Houghton, Iron, Lenawee, Manistee, Marquette, Monroe, Tuscola, and Van Buren Counties; to prescribe conditions for the conveyances; to provide for the jurisdictional transfer of state-owned property in Ingham, Livingston, and St. Joseph Counties; to provide for powers and duties of state departments, agencies, and officers in regard to the property; and to provide for disposition of revenue derived from the conveyances. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 750 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood In The Chair: O’Brien Not Voting—0 2006 he T The The The JOURNAL OF THE SENATE [December 13, 2016] [No. 77 question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 963, entitled A bill to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations in the skilled trades and to regulate persons and activities relative to those occupations; to create a board for each of those occupations; to establish the powers and duties of certain state and local governmental officers and entities, including the boards created under this act; to provide for the promulgation of rules; to provide for fees; to provide for penalties and civil fines; and to repeal acts and parts of acts. The House of Representatives has amended the bill as follows: 1. Amend page 12, line 9, after “subsection.” by inserting “This subsection does not apply to any specific fee if the amount of that fee is established in this act.”. 2. Amend page 45, line 11, after “the” by inserting “design and”. 3. Amend page 45, line 12, after the first “alarm” by striking out “system wiring. A” and inserting “systems. An individual who is a”. 4. Amend page 120, line 6, after “the” by striking out the balance of the subdivision and inserting “initial or renewal license fee required under section 1121.”. 5. Amend page 120, line 20, after “contractor” by striking out the balance of the subsection and inserting “initial or renewal license fee and is not responsible for also paying the master plumber initial or renewal license fee under section 1121(7).”. 6. Amend page 125, line 16, after “(7)” by striking out “The” and inserting “Subject to section 1113(4), the”. The House of Representatives has passed the bill as amended. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the amendments made to the bill by the House, The amendments were concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 751 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood In The Chair: O’Brien Not Voting—0 No. 77] [December 13, 2016] JOURNAL OF THE SENATE 2007 The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 964, entitled A bill to amend 1917 PA 167, entitled “Housing law of Michigan,” by amending section 141c (MCL 125.541c), as added by 1992 PA 144. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 965, entitled A bill to amend 1972 PA 230, entitled “Stille-DeRossett-Hale single state construction code act,” by amending sec­ tions 2a, 8b, 9, 10, and 28 (MCL 125.1502a, 125.1508b, 125.1509, 125.1510, and 125.1528), sections 2a and 10 as amended by 2013 PA 125, section 8b as amended by 2006 PA 192, section 9 as added by 2012 PA 103, and section 28 as amended by 2014 PA 9. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 966, entitled A bill to amend 1987 PA 96, entitled “The mobile home commission act,” by amending section 25 (MCL 125.2325). The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 967, entitled A bill to amend 1986 PA 135, entitled “Asbestos abatement contractors licensing act,” by amending section 207 (MCL 338.3207), as amended by 1998 PA 132. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 968, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 104, 601, 2402, and 2403 (MCL 339.104, 339.601, 339.2402, and 339.2403), section 104 as amended by 1996 PA 151, section 601 as amended by 2008 PA 319, section 2402 as amended by 2007 PA 157, and section 2403 as amended by 1984 PA 191. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 969, entitled A bill to amend 1937 PA 306, entitled “An act to promote the safety, welfare, and educational interests of the people of the state of Michigan by regulating the construction, reconstruction, and remodeling of certain public or private school 2008 JOURNAL OF THE SENATE [December 13, 2016] [No. 77 buildings or additions to such buildings, by regulating the construction, reconstruction, and remodeling of buildings leased or acquired for school purposes, and to define the class of buildings affected by this act; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties for the violation of this act; and to repeal acts and parts of acts,” by amending section 1b (MCL 388.851b), as amended by 2006 PA 199. The House of Representatives has passed the bill. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 970, entitled A bill to amend 2002 PA 468, entitled “Joe Gagnon appliance repair act,” by amending section 2 (MCL 445.832). The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 971, entitled A bill to amend 1980 PA 497, entitled “Construction lien act,” by amending section 114 (MCL 570.1114), as amended by 2006 PA 497. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 972, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2015 PA 184. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 992, entitled A bill to provide for the operation and regulation of unmanned aircraft systems in this state; to create the unmanned aircraft systems task force; to provide for the powers and duties of state and local governmental officers and entities; and to prohibit conduct related to the operation of unmanned aircraft systems and prescribe penalties. The House of Representatives has substituted (H-3) the bill. The House of Representatives has passed the bill as substituted (H-3). Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 752 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt No. 77] [December 13, 2016] JOURNAL OF THE SENATE 2009 Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 7:34 p.m. 8:08 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. Senate Bill No. 1079, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 11511b (MCL 324.11511b), as amended by 2011 PA 215. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 1021, entitled A bill to amend 1975 PA 238, entitled “Child protection law,” by amending sections 2, 7, and 8 (MCL 722.622, 722.627, and 722.628), sections 2 and 7 as amended by 2016 PA 35 and section 8 as amended by 2008 PA 300. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. 2010 JOURNAL OF THE SENATE [December 13, 2016] [No. 77 Senate Bill No. 1045, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 1987 (MCL 600.1987), as added by 2015 PA 231. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 1090, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 1 of chapter XIIA (MCL 712A.1), as amended by 2014 PA 533. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 1091, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 19a of chapter XIIA (MCL 712A.19a), as amended by 2012 PA 115. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 884, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 109 (MCL 400.109), as amended by 2012 PA 48. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 8:15 p.m. 8:32 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. Senate Bill No. 1073, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43516 and 43523a (MCL 324.43516 and 324.43523a), section 43516 as amended by 2016 PA 36 and section 43523a as added by 2013 PA 108, and by adding section 43526b; and to repeal acts and parts of acts. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. No. 77] [December 13, 2016] JOURNAL OF THE SENATE 2011 Senate Bill No. 1074, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43516 and 43525b (MCL 324.43516 and 324.43525b), section 43516 as amended by 2016 PA 36 and section 43525b as added by 2013 PA 108. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and amended the title to read as follows: A bill to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending section 43525b (MCL 324.43525b), as added by 2013 PA 108. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 753 Yeas—35 Ananich Gregory Knezek Rocca Bieda Hansen Knollenberg Schmidt Booher Hertel Kowall Schuitmaker Brandenburg Hildenbrand MacGregor Shirkey Casperson Hopgood Meekhof Stamas Colbeck Horn O’Brien Warren Conyers Hune Pavlov Young Emmons Johnson Proos Zorn Green Jones Robertson Nays—0 Excused—1 Hood Not Voting—2 Marleau Nofs In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was not concurred in, 2/3 of the members serving not voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. 2012 JOURNAL OF THE SENATE [December 13, 2016] [No. 77 Senate Bill No. 1075, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 43516, 43532, 43533, and 43536 (MCL 324.43516, 324.43532, 324.43533, and 324.43536), section 43516 as amended by 2016 PA 36 and sections 43532, 43533, and 43536 as amended by 2013 PA 108. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and amended the title to read as follows: A bill to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 43532, 43533, and 43536 (MCL 324.43532, 324.43533, and 324.43536), as amended by 2013 PA 108. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 754 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was not concurred in, 2/3 of the members serving not voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 106, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 4o (MCL 205.54o), as amended by 2004 PA 173. No. 77] The The The The The [December 13, 2016] JOURNAL OF THE SENATE 2013 House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was not concurred in, 2/3 of the members serving not voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 1009, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78q (MCL 211.78q), as added by 2014 PA 499. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 595, entitled A bill to amend 1963 PA 181, entitled “Motor carrier safety act of 1963,” by amending section 5 (MCL 480.15), as amended by 2013 PA 263. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 702, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 716 (MCL 257.716), as amended by 2008 PA 539. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 8:42 p.m. 8:54 p.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. Senate Bill No. 706, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 725 (MCL 257.725), as amended by 1998 PA 247. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. 2014 JOURNAL OF THE SENATE [December 13, 2016] [No. 77 Senate Bill No. 26, entitled A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 105, 204, 2501, 2502a, 2503, 2504, 2504a, 2505, 2506, 2507, 2509, 2510, 2512, and 2512d (MCL 339.105, 339.204, 339.2501, 339.2502a, 339.2503, 339.2504, 339.2504a, 339.2505, 339.2506, 339.2507, 339.2509, 339.2510, 339.2512, and 339.2512d), sections 105, 204, and 2507 as amended by 1988 PA 463, sections 2501 and 2512 as amended and section 2512d as added by 2008 PA 90, sections 2502a and 2504 as amended and section 2504a as added by 2014 PA 106, section 2503 as amended by 1990 PA 269, section 2505 as amended by 2003 PA 196, section 2506 as amended by 2011 PA 33, and section 2509 as amended by 1988 PA 16, and by adding sections 2502b, 2512e, 2512f, 2516, 2516a, and 2516b. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 755 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was not concurred in, 2/3 of the members serving not voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 707, entitled A bill to amend 1969 PA 200, entitled “An act to regulate driveways, banners, events, and parades upon and over highways; to provide for the promulgation of rules; to prescribe requirements for the issuance of permits; and to provide for the issuance of those permits,” by amending section 7 (MCL 247.327). The House of Representatives has passed the bill. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. No. 77] [December 13, 2016] JOURNAL OF THE SENATE 2015 Senate Bill No. 708, entitled A bill to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 19b of chapter IV (MCL 224.19b), as added by 1980 PA 212. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1). Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 756 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 1089, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 710e (MCL 257.710e), as amended by 2008 PA 43. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. 2016 JOURNAL OF THE SENATE [December 13, 2016] [No. 77 Senate Bill No. 1172, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 3f (MCL 205.93f), as amended by 2014 PA 161. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 1104, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 1482. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 1008, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending section 10 (MCL 421.10), as amended by 2015 PA 57. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 757 Yeas—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Nays—11 Ananich Gregory Johnson Warren Bieda Hertel Knezek Young Conyers Hopgood Rocca Excused—1 Hood No. 77] [December 13, 2016] JOURNAL OF THE SENATE 2017 Not Voting—0 In The Chair: O’Brien enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Committee Reports The Committee on Transportation reported House Bill No. 4142, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 724 (MCL 257.724), as amended by 2012 PA 498. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov and Marleau Nays: Senator Conyers The bill was referred to the Committee of the Whole. The Committee on Transportation reported House Bill No. 5741, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 248c (MCL 257.248c), as amended by 2015 PA 48. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Thomas A. Casperson Chairperson To Report Out: Yeas: Senators Casperson, Horn, Pavlov, Marleau and Conyers Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Transportation submitted the following: T Meeting held on Thursday, December 8, 2016, at 8:30 a.m., Room 210, Farnum Building Present: Senators Casperson (C), Horn, Pavlov, Marleau and Conyers The Committee on Agriculture reported House Bill No. 5532, entitled A bill to amend 2000 PA 92, entitled “Food law,” by amending section 6101 (MCL 289.6101), as amended by 2012 PA 178. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Joe Hune Chairperson 2018 JOURNAL OF THE SENATE [December 13, 2016] [No. 77 To Report Out: Yeas: Senators Hune, Green, Schmidt and Booher Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Agriculture submitted the following: T Meeting held on Thursday, December 8, 2016, at 9:00 a.m., Room 110, Farnum Building Present: Senators Hune (C), Green, Schmidt and Booher Excused: Senator Ananich The Committee on Families, Seniors and Human Services reported House Bill No. 5774, entitled A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending the title and sections 3, 4, 10, 11, and 20 (MCL 400.703, 400.704, 400.710, 400.711, and 400.720), the title as amended by 1992 PA 176, sections 3 and 10 as amended by 2014 PA 450, section 4 as amended by 2013 PA 156, and sections 11 and 20 as amended by 2006 PA 201, and by adding section 22b. With the recommendation that the substitute (S-1) be adopted and that the bill then pass. The committee further recommends that the bill be given immediate effect. Judith K. Emmons Chairperson To Report Out: Yeas: Senators Emmons, Pavlov, Jones and Casperson Nays: None The bill and the substitute recommended by the committee were referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Families, Seniors and Human Services submitted the following: T Meeting held on Thursday, December 8, 2016, at 9:15 a.m., Senate Hearing Room, Ground Floor, Boji Tower Present: Senators Emmons (C), Pavlov, Jones and Casperson Excused: Senator Johnson The Committee on Veterans, Military Affairs and Homeland Security reported House Bill No. 6013, entitled A bill to amend 2014 PA 259, entitled “Michigan national guard tuition assistance act,” by amending section 3 (MCL 32.433). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Margaret E. O’Brien Chairperson To Report Out: Yeas: Senators O’Brien, Emmons, Colbeck and Knezek Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Veterans, Military Affairs and Homeland Security submitted the following: T Meeting held on Thursday, December 8, 2016, at 12:00 p.m., Room 110, Farnum Building Present: Senators O’Brien (C), Emmons, Zorn, Colbeck and Knezek No. 77] [December 13, 2016] JOURNAL OF THE SENATE 2019 The Committee on Judiciary reported House Bill No. 5288, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 947a. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5289, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 947. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5422, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 145n (MCL 750.145n), as amended by 2004 PA 559. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5520, entitled A bill to amend 1909 PA 259, entitled “An act to provide that judgments of divorce and judgments of separate maintenance shall make provision in satisfaction of the claims of the wife in the property of the husband and in satisfaction of the claims of the husband and wife in contracts of insurance and annuity upon the life of the husband or wife, and in satisfaction of claims of the husband and wife in or to any pension, annuity, retirement allowance, or accumulated contributions in any pension, annuity, or retirement system, including any rights or contingent rights in and to unvested pension, annuity, or retirement benefits; and to change the tenure of lands owned by husband and wife in case of divorce, and to provide for the disposition or partition of such lands or the proceeds thereof,” by amending section 1 (MCL 552.101), as amended by 2006 PA 288. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. 2020 JOURNAL OF THE SENATE [December 13, 2016] [No. 77 The Committee on Judiciary reported House Bill No. 5790, entitled A bill to amend 2014 PA 462, entitled “An act to allow peace officers to carry and administer opioid antagonists in certain circumstances; to provide access to opioid antagonists by law enforcement agencies and peace officers; and to limit the civil and criminal liability of law enforcement agencies and peace officers for the possession, distribution, and use of opioid antagonists under certain circumstances,” by amending section 1 (MCL 28.541). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5815, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 83 (MCL 791.283). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5838, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 459 (MCL 750.459), as amended by 2014 PA 331. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5839, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16w of chapter XVII (MCL 777.16w), as amended by 2014 PA 327. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Rocca, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5842, entitled A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending sections 3, 5, and 11 (MCL 780.983, 780.985, and 780.991). No. 77] [December 13, 2016] JOURNAL OF THE SENATE 2021 With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5843, entitled A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending section 9 (MCL 780.989). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5844, entitled A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending section 13 (MCL 780.993). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5845, entitled A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending section 15 (MCL 780.995). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. The Committee on Judiciary reported House Bill No. 5846, entitled A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending section 17 (MCL 780.997). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Rick Jones Chairperson 2022 JOURNAL OF THE SENATE [December 13, 2016] [No. 77 To Report Out: Yeas: Senators Jones, Schuitmaker, Colbeck and Bieda Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Judiciary submitted the following: T Meeting held on Thursday, December 8, 2016, at 12:30 p.m., Rooms 402 and 403, Capitol Building Present: Senators Jones (C), Schuitmaker, Rocca, Colbeck and Bieda Scheduled Meetings Economic Development and International Investment - Wednesday, December 14, 1:30 p.m., Room 210, Farnum Building (373-5323) Government Operations - Wednesday, December 14, 11:30 a.m., Rooms 402 and 403, Capitol Building (373-5307) enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 9:08 p.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Wednesday, December 14, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate No. 78 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Wednesday, December 14, 2016. 10:00 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Conyers—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—excused Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 2024 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 astor Mike Moses of Harvest Bible Church of Westland offered the following invocation: P We thank You, Father, Creator of heaven and earth, Lord of all things. We acknowledge You for who You are: infinite in wisdom, and majestic in power. We thank You, Lord, for all things because all things are from You and go right back to You for Your glory. We acknowledge, Lord, that we would have nothing without You and that we would be nothing without You, so we come to you today as grateful people, humbled by all that You are. We thank You for Your Son Jesus Christ, Lord, the perfect One, the sacrifice for sins, risen from the dead. We praise You for who He is. We thank You for the many blessings that You give to us. We give You praise, recognizing You as the author of all things. Lord, we thank You for these, Your servants. We know from Your Word, Lord, that these are Your servants here for the good of those who do right and for the reproof of those who do wrong, and so, Lord, I pray Your blessing today for a great measure of patience and wisdom and steadfastness to work toward justice and righteousness and truth. I pray for discernment for the men and women here to know what is true, to know what is good, to have the courage to fight for it, to defend those who cannot defend themselves, and to stand up for the cause of truth and justice. Lord, I pray for their families. This is certainly a sacrificial duty, and I pray Your blessing upon their spouses and upon their children, Lord, that even as we look forward to Christmastime here, that they would have some extra time to take with their families and be a blessing to them, Lord. Have Your hand upon this time today and may You be glorified through it. We pray in Jesus’ name. Amen. The President, Lieutenant Governor Calley, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senators Ananich, Booher, Green, Hertel and Nofs entered the Senate Chamber. enator Kowall moved that Senators Casperson, O’Brien and Schuitmaker be temporarily excused from today’s session. S The motion prevailed. enator Bieda moved that Senators Johnson and Young be temporarily excused from today’s session. S The motion prevailed. enator Bieda moved that Senator Hood be excused from today’s session. S The motion prevailed. The following communication was received and read: Office of the Senate Majority Leader December 13, 2016 I would like House Bill 4982 re-referred to the Senate Committee on Government Operations. If you have any questions regarding this matter, please do not hesitate to contact me. Sincerely, Arlan Meekhof 30th Senate District Senate Majority Leader The communication was referred to the Secretary for record. The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, December 13, for his approval the following bills: Enrolled Senate Bill No. 753 at 11:54 a.m. Enrolled Senate Bill No. 800 at 11:56 a.m. Enrolled Senate Bill No. 33 at 11:58 a.m. The Secretary announced that the following bill and joint resolution were printed and filed on Tuesday, December 13, and are available at the Michigan Legislature website: House Bill No.  6112 House Joint Resolution WW No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2025 Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Marleau admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Robertson as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 5250, entitled A bill to amend 2008 PA 23, entitled “Enhanced driver license and enhanced official state personal identification card act,” by amending section 5 (MCL 28.305). House Bill No. 4235, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 2617a. House Bill No. 5720, entitled A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 500 (MCL 208.1500), as amended by 2013 PA 233. House Bill No. 5533, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7303a, 9701, 16221, 16226, 17001, 17021, 17048, 17049, 17050, 17060, 17074, 17076, 17078, 17501, 17521, 17548, 17549, 17550, 17708, 17745, 17745a, 17745b, 18001, 18021, 18048, 18049, 18050, and 20201 (MCL 333.7303a, 333.9701, 333.16221, 333.16226, 333.17001, 333.17021, 333.17048, 333.17049, 333.17050, 333.17060, 333.17074, 333.17076, 333.17078, 333.17501, 333.17521, 333.17548, 333.17549, 333.17550, 333.17708, 333.17745, 333.17745a, 333.17745b, 333.18001, 333.18021, 333.18048, 333.18049, 333.18050, and 333.20201), section 7303a as added by 1993 PA 305, section 9701 as added by 2004 PA 250, section 16221 as amended by 2014 PA 411, section 16226 as amended by 2014 PA 412, sections 17001, 17074, 17501, and 18001 as amended and section 18050 as added by 2006 PA 161, section 17021 as amended by 1993 PA 79, sec­ tions 17048 and 17548 as amended by 2012 PA 618, sections 17049, 17076, 17078, 17549, 18048, 18049, and 20201 as amended by 2011 PA 210, sections 17050 and 17550 as amended by 1990 PA 247, section 17060 as amended by 2014 PA 343, section 17521 as amended by 2006 PA 582, section 17708 as amended by 2016 PA 49, section 17745 as amended by 2014 PA 525, section 17745a as amended by 1999 PA 190, section 17745b as added by 1993 PA 306, and section 18021 as amended by 2006 PA 391, and by adding sections 17047, 17547, 18047, 18051, and 20174; and to repeal acts and parts of acts. House Bill No. 5877, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17702, 17703, and 17707 (MCL 333.17702, 333.17703, and 333.17707), section 17702 as amended by 2014 PA 280 and sections 17703 and 17707 as amended by 2014 PA 285, and by adding section 17760. House Bill No. 4142, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 724 (MCL 257.724), as amended by 2012 PA 498. House Bill No. 5532, entitled A bill to amend 2000 PA 92, entitled “Food law,” by amending section 6101 (MCL 289.6101), as amended by 2012 PA 178. House Bill No. 5288, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 947a. 2026 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 House Bill No. 5289, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 947. House Bill No. 5422, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 145n (MCL 750.145n), as amended by 2004 PA 559. House Bill No. 5815, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 83 (MCL 791.283). House Bill No. 5838, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 459 (MCL 750.459), as amended by 2014 PA 331. House Bill No. 5839, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16w of chapter XVII (MCL 777.16w), as amended by 2014 PA 327. House Bill No. 5928, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 2 (MCL 205.92), as amended by 2016 PA 7. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill: House Bill No. 5782, entitled A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 748 (MCL 330.1748), as amended by 1998 PA 497. The following is the amendment recommended by the Committee of the Whole: 1. Amend page 4, line 6, after “CARE,” by striking out the balance of the line through “SERVICES” on line 7 and inserting “OR PAYMENT”. The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4136, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1166 (MCL 380.1166). Substitute (S-1). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. During the Committee of the Whole, Senators Casperson, Johnson, O’Brien, Schuitmaker and Young entered the Senate Chamber. Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2027 Senate Resolution No. 164. A resolution to urge the President and Congress of the United States to explore and support policies that will lead to the establishment of facilities within the United States for the reprocessing and recycling of spent nuclear fuel. The question being on the adoption of the resolution, The resolution was adopted. Senators Bieda, Ananich, Young, Hopgood, Gregory, Johnson, Warren, Knezek, Conyers and Hertel offered the following resolution: Senate Resolution No. 223. A resolution to encourage the U.S. Congress to support an investigation into Russia’s computer hacking and influence in the United States presidential election. Whereas, The United States government is built on the right of citizens to choose their leaders in free and fair elections. The right to vote and have a voice is an undeniable and inalienable right for every United States citizen; and Whereas, Election tampering, including the deliberate release of illegally obtained materials, unduly influences voters and the information available to the free press. While cyberattacks directed at America’s physical, economic, and military infrastructure are not new, interference in our election process should cause concern for every American. With a bipartisan call for an investigation underway, even U.S. Senator John McCain, R-Arizona, has said, “You can’t make this issue partisan; it’s just too important. A fundamental of a democracy is a free and fair election”; and Whereas, The United States government must take every action to stop foreign powers from improperly influencing or controlling our government. In Federalist Number 68, Alexander Hamilton warned of the “…desire in foreign powers to gain an improper ascendant in our councils.” Therefore, the grave threats posed by cyberattacks conducted by foreign governments must be stopped; now, therefore, be it Resolved by the Senate, That we encourage the U.S. Congress to support an investigation into Russia’s computer hacking and influence in the United States presidential election; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations. Senator Brandenburg was named co‑sponsor of the resolution. By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that the Committee on Government Operations be discharged from further consideration of the following bill: House Bill No. 5421, entitled A bill to amend 1999 PA 149, entitled “Public employee health care fund investment act,” by amending section 2 (MCL 38.1212) and by adding sections 4a, 4b, and 4c. The motion prevailed, a majority of the members serving voting therefor, and the bill was placed on the order of General Orders. Senator Kowall moved that the rules be suspended and that the following bill, now on the order of General Orders, be placed on the General Orders calendar for consideration today: House Bill No. 5421 The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:33 a.m. 10:39 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. 2028 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 By unanimous consent the Senate proceeded to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage: House Bill No. 5533 The motion prevailed, a majority of the members serving voting therefor. enator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: S House Bill No. 5571 House Bill No. 5577 House Bill No. 5753 House Bill No. 5113 House Bill No. 5796 House Bill No. 5748 House Bill No. 5400 House Bill No. 5857 House Bill No. 5514 House Bill No. 5664 House Bill No. 5774 House Bill No. 6013 House Bill No. 5842 House Bill No. 5843 House Bill No. 5844 House Bill No. 5845 House Bill No. 5846 House Bill No. 5821 House Bill No. 5822 House Bill No. 5533 The motion prevailed. The following bill was read a third time: House Bill No. 5571, entitled A bill to authorize the state administrative board to accept and convey property in Calhoun County; to prescribe conditions for the acceptance and conveyance of the property; and to provide for disposition of revenue. The question being on the passage of the bill, The bill was passed, 2/3 of the members serving voting therefor, as follows: Roll Call No. 758 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2029 Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5577, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 226, 248, 248h, and 802 (MCL 257.226, 257.248, 257.248h, and 257.802), section 226 as amended by 2004 PA 163, section 248 as amended by 2004 PA 495, section 248h as added by 1993 PA 300, and section 802 as amended by 2015 PA 78, and by adding sections 248k, 250a, 250b, and 250c. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 759 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Conyers Hune Emmons Johnson Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—1 Colbeck Excused—1 Hood In The Chair: President Not Voting—0 2030 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Schuitmaker admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: House Bill No. 5753, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1321 (MCL 380.1321), as amended by 2008 PA 1. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 760 Yeas—28 Booher Hertel MacGregor Robertson Brandenburg Hildenbrand Marleau Rocca Casperson Horn Meekhof Schmidt Colbeck Hune Nofs Schuitmaker Emmons Jones O’Brien Shirkey Green Knollenberg Pavlov Stamas Hansen Kowall Proos Zorn Nays—9 Ananich Gregory Johnson Warren Bieda Hopgood Knezek Young Conyers Excused—1 Hood No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2031 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5113, entitled A bill to amend 1939 PA 178, entitled “An act to provide for the collection of water or sewage system rates, assessments, charges, or rentals; and to provide a lien for water or sewage system services furnished by municipalities as defined by this act,” by amending section 2 (MCL 123.162), as amended by 1981 PA 132. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 761 Yeas—28 Bieda Hansen MacGregor Robertson Booher Hildenbrand Marleau Rocca Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Nays—9 Ananich Hertel Johnson Warren Conyers Hopgood Knezek Young Gregory Excused—1 Hood 2032 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 5796, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by repealing section 1766 (MCL 380.1766). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 762 Yeas—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Nays—11 Ananich Gregory Johnson Warren Bieda Hertel Knezek Young Conyers Hopgood Rocca Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2033 provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5748, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 5861 and 5863 (MCL 333.5861 and 333.5863), section 5863 as amended by 2015 PA 91. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 763 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Conyers Hune Emmons Johnson Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—1 Colbeck Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to 2034 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5400, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 2701, 2705, 5119, 16327, 17201, 17210, 17211, 17212, 17221, 17607, 17708, 17745, 17820, 17822, and 20201 (MCL 333.2701, 333.2705, 333.5119, 333.16327, 333.17201, 333.17210, 333.17211, 333.17212, 333.17221, 333.17607, 333.17708, 333.17745, 333.17820, 333.17822, and 333.20201), sections 2701 and 2705 as amended by 2014 PA 172, section 5119 as amended by 2016 PA 66, section 16327 as amended by 2009 PA 216, sections 17211 and 17221 as amended by 2006 PA 409, section 17212 as added by 1996 PA 355, section 17607 as added by 2008 PA 524, section 17708 as amended by 2016 PA 49, section 17745 as amended by 2014 PA 525, section 17820 as amended by 2014 PA 260, section 17822 as amended by 2005 PA 281, and section 20201 as amended by 2011 PA 210, and by adding sections 17211a and 17214. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 764 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Conyers Hune Emmons Johnson Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—1 Colbeck Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2035 ursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: P “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5857, entitled A bill to amend 1974 PA 300, entitled “Motor vehicle service and repair act,” by amending sections 2, 2a, 3, 7, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 30, 32, 33, 34a, 36, and 39 (MCL 257.1302, 257.1302a, 257.1303, 257.1307, 257.1309, 257.1310, 257.1311, 257.1312, 257.1313, 257.1314, 257.1315, 257.1316, 257.1317, 257.1318, 257.1319, 257.1320, 257.1321, 257.1322, 257.1330, 257.1332, 257.1333, 257.1334a, 257.1336, and 257.1339), sections 2 and 10 as amended by 2016 PA 33, section 2a as added and sections 18, 22, and 30 as amended by 1988 PA 254, and section 17 as amended by 2002 PA 464, and by adding sections 7a, 7b, 7c, 7d, 7e, 7f, 10b, 13a, 13b, and 32a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 765 Ananich Bieda Booher Brandenburg Casperson Colbeck Conyers Emmons Green Yeas—36 Gregory Hansen Hertel Hildenbrand Hopgood Horn Hune Johnson Jones Knezek Proos Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Stamas Nofs Warren O’Brien Young Pavlov Zorn Nays—0 Excused—1 Hood Not Voting—1 Shirkey In The Chair: President 2036 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to regulate the practice of servicing and repairing motor vehicles; to proscribe unfair and deceptive practices; to provide for training and certification of mechanics; to provide for the registration of motor vehicle repair facilities; to provide for enforcement; and to prescribe penalties,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5514, entitled A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 240, 438, 834, 835, and 836b (MCL 500.240, 500.438, 500.834, 500.835, and 500.836b), section 240 as amended by 2000 PA 252, section 438 as amended by 1994 PA 227, section 834 as amended and section 836b as added by 2014 PA 571, and section 835 as amended by 1982 PA 221, and by adding section 835a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 766 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2037 accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5664, entitled A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 68c (MCL 38.68c), as amended by 2015 PA 20. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 767 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood In The Chair: President Not Voting—0 2038 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for a state employees’ retirement system; to create a state employees’ retirement board and prescribe its powers and duties; to establish certain funds in connection with the retirement system; to require contributions to the retirement system by and on behalf of members and participants of the retirement system; to create certain accounts and provide for expenditures from those accounts; to prescribe the powers and duties of certain state and local officers and employees and certain state departments and agencies; to prescribe and make appropriations for the retirement system; and to prescribe penalties and provide remedies,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5774, entitled A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending the title and sections 3, 4, 10, 11, and 20 (MCL 400.703, 400.704, 400.710, 400.711, and 400.720), the title as amended by 1992 PA 176, sections 3 and 10 as amended by 2014 PA 450, section 4 as amended by 2013 PA 156, and sections 11 and 20 as amended by 2006 PA 201, and by adding section 22b. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 768 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the licensing and regulation of adult foster care facilities; to provide for the establishment of standards of care for adult foster care facilities; to prescribe powers and duties of the department of social services and other departments; to prescribe certain fees; to prescribe penalties; and to repeal certain acts and parts of acts,”. The Senate agreed to the full title. No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2039 The following bill was read a third time: House Bill No. 6013, entitled A bill to amend 2014 PA 259, entitled “Michigan national guard tuition assistance act,” by amending section 3 (MCL 32.433). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 769 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for tuition assistance at certain educational institutions for Michigan national guard members; and to prescribe duties for certain state officials,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5842, entitled A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending sections 3, 5, and 11 (MCL 780.983, 780.985, and 780.991). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 770 Ananich Bieda Yeas—37 Hansen Hertel Knollenberg Robertson Kowall Rocca 2040 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to create the Michigan indigent defense commission and to provide for its powers and duties; to provide indigent defendants in criminal cases with effective assistance of counsel; to provide standards for the appointment of legal counsel; to provide for and limit certain causes of action; and to provide for certain appropriations and grants,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5843, entitled A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending section 9 (MCL 780.989). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 771 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2041 Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to create the Michigan indigent defense commission and to provide for its powers and duties; to provide indigent defendants in criminal cases with effective assistance of counsel; to provide standards for the appointment of legal counsel; to provide for and limit certain causes of action; and to provide for certain appropriations and grants,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5844, entitled A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending section 13 (MCL 780.993). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 772 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood In The Chair: President Not Voting—0 2042 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to create the Michigan indigent defense commission and to provide for its powers and duties; to provide indigent defendants in criminal cases with effective assistance of counsel; to provide standards for the appointment of legal counsel; to provide for and limit certain causes of action; and to provide for certain appropriations and grants,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5845, entitled A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending section 15 (MCL 780.995). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 773 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to create the Michigan indigent defense commission and to provide for its powers and duties; to provide indigent defendants in criminal cases with effective assistance of counsel; to provide standards for the appointment of legal counsel; to provide for and limit certain causes of action; and to provide for certain appropriations and grants,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5846, entitled A bill to amend 2013 PA 93, entitled “Michigan indigent defense commission act,” by amending section 17 (MCL 780.997). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 78] Roll Call No. 774 [December 14, 2016] JOURNAL OF THE SENATE 2043 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to create the Michigan indigent defense commission and to provide for its powers and duties; to provide indigent defendants in criminal cases with effective assistance of counsel; to provide standards for the appointment of legal counsel; to provide for and limit certain causes of action; and to provide for certain appropriations and grants,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5821, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” by amending section 261 (MCL 18.1261), as amended by 2016 PA 204. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 775 Yeas—34 Ananich Gregory Knollenberg Proos Bieda Hansen Kowall Robertson Booher Hertel MacGregor Rocca Brandenburg Hildenbrand Marleau Schmidt Casperson Horn Meekhof Schuitmaker Colbeck Hune Nofs Shirkey Conyers Johnson O’Brien Stamas Emmons Jones Pavlov Zorn Green Knezek 2044 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 Nays—3 Hopgood Warren Young Excused—1 Hood Not Voting—0 In The Chair: President enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5822, entitled A bill to amend 1984 PA 431, entitled “The management and budget act,” (MCL 18.1101 to 18.1594) by adding sec­ tion 241c. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 776 Yeas—34 Ananich Gregory Knollenberg Proos Bieda Hansen Kowall Robertson Booher Hertel MacGregor Rocca Brandenburg Hildenbrand Marleau Schmidt Casperson Horn Meekhof Schuitmaker Colbeck Hune Nofs Shirkey Conyers Johnson O’Brien Stamas Emmons Jones Pavlov Zorn Green Knezek Nays—3 Hopgood Warren Young No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2045 Excused—1 Hood Not Voting—0 In The Chair: President enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5533, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7303a, 9701, 16221, 16226, 17001, 17021, 17048, 17049, 17050, 17060, 17074, 17076, 17078, 17501, 17521, 17548, 17549, 17550, 17708, 17745, 17745a, 17745b, 18001, 18021, 18048, 18049, 18050, and 20201 (MCL 333.7303a, 333.9701, 333.16221, 333.16226, 333.17001, 333.17021, 333.17048, 333.17049, 333.17050, 333.17060, 333.17074, 333.17076, 333.17078, 333.17501, 333.17521, 333.17548, 333.17549, 333.17550, 333.17708, 333.17745, 333.17745a, 333.17745b, 333.18001, 333.18021, 333.18048, 333.18049, 333.18050, and 333.20201), section 7303a as added by 1993 PA 305, section 9701 as added by 2004 PA 250, section 16221 as amended by 2014 PA 411, section 16226 as amended by 2014 PA 412, sections 17001, 17074, 17501, and 18001 as amended and section 18050 as added by 2006 PA 161, section 17021 as amended by 1993 PA 79, sections 17048 and 17548 as amended by 2012 PA 618, sections 17049, 17076, 17078, 17549, 18048, 18049, and 20201 as amended by 2011 PA 210, sections 17050 and 17550 as amended by 1990 PA 247, section 17060 as amended by 2014 PA 343, sec­ tion 17521 as amended by 2006 PA 582, section 17708 as amended by 2016 PA 49, section 17745 as amended by 2014 PA 525, section 17745a as amended by 1999 PA 190, section 17745b as added by 1993 PA 306, and section 18021 as amended by 2006 PA 391, and by adding sections 17047, 17547, 18047, 18051, and 20174; and to repeal acts and parts of acts. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 777 Yeas—37 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Colbeck Hune Conyers Johnson Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren 2046 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. The President pro tempore, Senator Schuitmaker, assumed the Chair. Senator Kowall moved that the following bill be placed at the head of the Third Reading of Bills calendar: House Bill No. 4629 The motion prevailed. The following bill was read a third time: House Bill No. 4629, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 7523 and 7524 (MCL 333.7523 and 333.7524), section 7523 as amended by 2006 PA 130 and section 7524 as amended by 2011 PA 161. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 778 Ananich Bieda Yeas—29 Green Johnson Pavlov Gregory Jones Robertson No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2047 Booher Hertel Knezek Rocca Brandenburg Hildenbrand Knollenberg Schmidt Casperson Hopgood Kowall Schuitmaker Colbeck Horn Marleau Warren Conyers Hune Meekhof Young Emmons Nays—8 Hansen Nofs MacGregor O’Brien Proos Stamas Shirkey Zorn Excused—1 Hood Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. By unanimous consent the Senate returned to the order of Messages from the Governor The following message from the Governor was received and read: December 9, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Board of Audiology Lisa Brennan of 4120 E. Gables Court, Grand Rapids, Michigan 49525, county of Kent, representing the general public, succeeding Melissa Lewis, is appointed for a term expiring June 30, 2020. Sincerely, Rick Snyder Governor The appointment was referred to the Committee on Government Operations. 2048 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 By unanimous consent the Senate proceeded to the order of Introduction and Referral of Bills Senators Warren and Schuitmaker introduced Senate Bill No. 1189, entitled A bill to amend 2008 PA 546, entitled “Sexual assault victims’ medical forensic intervention and treatment act,” by amending section 5 (MCL 400.1535). The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Schuitmaker and Warren introduced Senate Bill No. 1190, entitled A bill to amend 1976 PA 223, entitled “An act to create an agency concerned with crime victim services; to prescribe its powers and duties; to provide compensation to certain victims of crimes; to provide for the promulgation of rules; and to provide for penalties,” by amending section 5a (MCL 18.355a), as added by 2008 PA 391. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Schuitmaker and Warren introduced Senate Bill No. 1191, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 27a of chapter VIII (MCL 768.27a), as added by 2005 PA 135. The bill was read a first and second time by title and referred to the Committee on Judiciary. Senators Ananich introduced Senate Bill No. 1192, entitled A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 2 (MCL 325.1002), as amended by 1998 PA 56, and by adding section 25. The bill was read a first and second time by title and referred to the Committee on Government Operations. By unanimous consent the Senate returned to the order of Motions and Communications enator Kowall moved that rule 2.106 be suspended to allow committees to meet during Senate session. S The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess until 7:00 p.m. S The motion prevailed, the time being 11:41 a.m. The Senate reconvened at the expiration of the recess and was called to order by the President, Lieutenant Gover­ nor Calley. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senator Schuitmaker admittance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 7:05 p.m. No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2049 7:55 p.m. The Senate was called to order by the President, Lieutenant Governor Calley. Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today: House Bill No. 4982 House Bill No. 5120 House Bill No. 6075 The motion prevailed, a majority of the members serving voting therefor. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Robertson as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 5628, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 136c (MCL 750.136c), as added by 2000 PA 205. House Bill No. 5629, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5103 (MCL 700.5103), as amended by 2004 PA 93. House Bill No. 4970, entitled A bill to amend 1953 PA 192, entitled “An act to create a county department of veterans’ affairs in certain counties, and to prescribe its powers and duties; and to transfer the powers and duties of the soldiers’ relief commission in such counties,” by amending section 1 (MCL 35.621), as amended by 2012 PA 235. House Bill No. 4982, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending sections 27, 32, 54, and 62 (MCL 421.27, 421.32, 421.54, and 421.62), section 27 as amended by 2012 PA 496, section 32 as amended by 2013 PA 144, section 54 as amended by 2013 PA 143, and section 62 as amended by 2013 PA 147. House Bill No. 5120, entitled A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 19 (MCL 325.1019). House Bill No. 6075, entitled A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending sections 13 and 20h (MCL 38.1133 and 38.1140h), section 13 as amended by 2016 PA 145 and section 20h as amended by 2012 PA 347. The bills were placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 4598, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 16192 and 16201 (MCL 333.16192 and 333.16201), section 16192 as amended by 2013 PA 268 and section 16201 as amended by 1988 PA 462, and by adding section 16326 and part 171. Substitute (S-5). 2050 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 The following are the amendments to the substitute recommended by the Committee of the Whole: 1. Amend page 4, line 23, after “THE” by striking out the balance of the line through “AGENCIES” on line 24 and inserting “MIDWIFERY EDUCATION AND ACCREDITATION COUNCIL”. 2. Amend page 6, line 7, by striking out all of section 17110 and inserting: “SEC. 17110. A HEALTH CARE PROVIDER WHO PROVIDES CARE TO A PATIENT OF A MIDWIFE WHO IS LICENSED UNDER THIS PART IS NOT LIABLE IN A CIVIL ACTION FOR PERSONAL INJURY OR DEATH RESULTING FROM AN ACT OR OMISSION BY THE MIDWIFE, UNLESS THE PROFESSIONAL NEGLIGENCE OR MALPRACTICE OF THE HEALTH CARE PROVIDER WAS A PROXIMATE CAUSE OF THE INJURY OR DEATH.”. 3. Amend page 7, line 26, by striking out all of subsection (2) and inserting: “(2) THE DEPARTMENT SHALL PROMULGATE RULES THAT INCLUDE STANDARDS FOR THE DELINEATION OF FINDINGS THAT PRECLUDE A WOMAN OR A NEWBORN FROM BEING CLASSIFIED AS HAVING A NORMAL PREGNANCY, LABOR, DELIVERY, POSTPARTUM PERIOD, OR NEWBORN PERIOD. IN PROMULGATING THE RULES DESCRIBED IN THIS SUBSECTION, THE DEPARTMENT SHALL CONSIDER ANY DATA, VIEWS, QUESTIONS, AND ARGUMENTS SUBMITTED BY THE MICHIGAN BOARD OF LICENSED MIDWIFERY, THE MICHIGAN BOARD OF MEDICINE, AND THE MICHIGAN BOARD OF OSTEOPATHIC MEDICINE AND SURGERY.”. 4. Amend page 8, line 14, by striking out all of subdivision (B) and inserting: “(B) ONE CERTIFIED NURSE MIDWIFE.”. 5. Amend page 9, line 6, by striking out “NATIONAL COMMISSION FOR CERTIFYING AGENCIES” and inserting “MIDWIFERY EDUCATION AND ACCREDITATION COUNCIL”. 6. Amend page 9, line 12, after “THE” by striking out “MIDWIFERY EDUCATION AND ACCREDITATION COUNCIL” and inserting “NATIONAL COMMISSION FOR CERTIFYING AGENCIES”. 7. Amend page 10, line 1, after “THE” by striking out “MIDWIFERY EDUCATION AND ACCREDITATION COUNCIL” and inserting “NATIONAL COMMISSION FOR CERTIFYING AGENCIES”. 8. Amend page 12, following line 1, by inserting: “(E) FOR PURPOSES OF ESTABLISHING PROTOCOLS FOR TRANSFER OF CARE UNDER SECTION 17107, ESTABLISH THE DUTIES A MIDWIFE MUST PERFORM IF AN EMERGENCY TRANSFER TO A HOSPITAL IS NECESSARY. RULES PROMULGATED UNDER THIS SUBDIVISION SHALL CONFORM TO NATIONALLY RECOGNIZED GUIDELINES ON SAFE TRANSFERS.”. The Senate agreed to the substitute as amended recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with amendment, the following bill: House Bill No. 5626, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 55 of chapter X (MCL 710.55), as added by 1994 PA 222. The following is the amendment recommended by the Committee of the Whole: 1. Amend page 2, line 23, after the first “No.” by striking out the balance of the line through “04701’15 a)” on line 24 and inserting “924”. The Senate agreed to the amendment recommended by the Committee of the Whole, and the bill as amended was placed on the order of Third Reading of Bills. The Committee of the Whole reported back to the Senate, favorably and with a substitute therefor, the following bill: House Bill No. 5421, entitled A bill to amend 1999 PA 149, entitled “Public employee health care fund investment act,” by amending section 2 (MCL 38.1212) and by adding sections 4a, 4b, and 4c. Substitute (S-2). The Senate agreed to the substitute recommended by the Committee of the Whole, and the bill as substituted was placed on the order of Third Reading of Bills. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 8:07 p.m. No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2051 8:45 p.m. The Senate was called to order by the President, Lieutenant Governor Calley. By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that the rules be suspended and that the following bills, now on Committee Reports, be placed on the General Orders calendar for consideration today: House Bill No. 6036 House Bill No. 5409 House Bill No. 5410 House Bill No. 5411 House Bill No. 5412 House Bill No. 5413 House Bill No. 5414 House Bill No. 5415 House Bill No. 5416 House Bill No. 5417 The motion prevailed, a majority of the members serving voting therefor. By unanimous consent the Senate returned to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Robertson as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bills: House Bill No. 4686, entitled A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” by amending section 2a (MCL 691.1402a), as amended by 2012 PA 50. House Bill No. 6036, entitled A bill to amend 1968 PA 2, entitled “Uniform budgeting and accounting act,” (MCL 141.421 to 141.440a) by adding section 13a. House Bill No. 5409, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307. House Bill No. 5410, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307a. House Bill No. 5411, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307b. 2052 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 House Bill No. 5412, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307c. House Bill No. 5413, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307d. House Bill No. 5414, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307e. House Bill No. 5415, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307f. House Bill No. 5416, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307g. House Bill No. 5417, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307h. The bills were placed on the order of Third Reading of Bills. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: House Bill No. 4686 House Bill No. 4598 House Bill No. 5626 House Bill No. 5628 House Bill No. 5629 House Bill No. 4970 House Bill No. 5421 House Bill No. 4982 House Bill No. 5120 House Bill No. 6075 House Bill No. 6036 House Bill No. 5409 House Bill No. 5410 House Bill No. 5411 House Bill No. 5412 House Bill No. 5413 House Bill No. 5414 House Bill No. 5415 House Bill No. 5416 House Bill No. 5417 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: House Bill No. 4686, entitled A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2053 engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers, employees, and volunteers and for paying damages sought or awarded against them; to provide for the legal defense of public officers, employees, and volunteers; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal acts and parts of acts,” by amending section 2a (MCL 691.1402a), as amended by 2012 PA 50. The question being on the passage of the bill, Senator Bieda offered the following amendment: 1. Amend page 2, line 24, after “OBVIOUS.” by inserting “HOWEVER, WHETHER A CONDITION IS OPEN AND OBVIOUS MAY BE CONSIDERED BY THE TRIER OF FACT ONLY IN ASSESSING THE DEGREE OF COMPARATIVE FAULT UNDER SECTION 2959 OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.2959, IF ANY, AND SHALL NOT BE CONSIDERED WITH RESPECT TO ANY OTHER ISSUE OF LAW OR FACT, INCLUDING DUTY.”. The amendment was not adopted, a majority of the members serving not voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 779 Booher Brandenburg Casperson Colbeck Conyers Green Yeas—22 Hansen Kowall O’Brien Hildenbrand MacGregor Pavlov Horn Marleau Proos Johnson Meekhof Shirkey Jones Nofs Stamas Knollenberg Nays—15 Ananich Hertel Robertson Warren Bieda Hopgood Rocca Young Emmons Hune Schmidt Zorn Gregory Knezek Schuitmaker Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. The following bill was read a third time: House Bill No. 4598, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17110 (MCL 333.1101 to 333.25211) by adding section 16326 and part 171. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 2054 Roll Call No. 780 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Conyers Hune Emmons Johnson Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—1 Colbeck Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5626, entitled A bill to amend 1939 PA 288, entitled “Probate code of 1939,” by amending section 55 of chapter X (MCL 710.55), as added by 1994 PA 222. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 78] Roll Call No. 781 [December 14, 2016] JOURNAL OF THE SENATE 2055 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: President ursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: P “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5628, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 136c (MCL 750.136c), as added by 2000 PA 205. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 782 Yeas—37 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Colbeck Hune Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas 2056 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: President ursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: P “An act to provide for the creation of public employee health care funds; to provide for the administration of the funds; to authorize the investment of the assets of the funds or trusts; and to prescribe the powers and duties of investment fiduciaries and certain public officers and employees,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5629, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” by amending section 5103 (MCL 700.5103), as amended by 2004 PA 93. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 783 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2057 Not Voting—0 In The Chair: President ursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: P “An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4970, entitled A bill to amend 1953 PA 192, entitled “An act to create a county department of veterans’ affairs in certain counties, and to prescribe its powers and duties; and to transfer the powers and duties of the soldiers’ relief commission in such counties,” by amending section 1 (MCL 35.621), as amended by 2012 PA 235. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 784 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the title of the bill. 2058 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 The following bill was read a third time: House Bill No. 5421, entitled A bill to amend 1999 PA 149, entitled “Public employee health care fund investment act,” by amending section 2 (MCL 38.1212) and by adding sections 4a and 4b. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 785 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: President enator Kowall moved that the bill be given immediate effect. S The motion prevailed, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the creation of public employee health care funds; to provide for the administration of the funds; to authorize the investment of the assets of the funds or trusts; and to prescribe the powers and duties of investment fiduciaries and certain public officers and employees,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4982, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending sections 27, 32, 54, and 62 (MCL 421.27, 421.32, 421.54, and 421.62), section 27 as amended by 2012 PA 496, section 32 as amended by 2013 PA 144, section 54 as amended by 2013 PA 143, and section 62 as amended by 2013 PA 147. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 786 Ananich Bieda Yeas—37 Hansen Hertel Knollenberg Robertson Kowall Rocca No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2059 Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the welfare of the people of this state through the establishment of an unemployment compensation fund, and to provide for the disbursement thereof; to create certain other funds; to create the Michigan employment security commission, and to prescribe its powers and duties; to provide for the protection of the people of this state from the hazards of unemployment; to levy and provide for contributions from employers; to levy and provide for obligation assessments; to provide for the collection of those contributions and assessments; to enter into reciprocal agreements and to cooperate with agencies of the United States and of other states charged with the administration of any unemployment insurance law; to furnish certain information to certain governmental agencies for use in administering public benefit and child support programs and investigating and prosecuting fraud; to provide for the payment of benefits; to provide for appeals from redeterminations, decisions and notices of assessments; and for referees and a board of review to hear and decide the issues arising from redeterminations, decisions and notices of assessment; to provide for the cooperation of this state and compliance with the provisions of the social security act and the Wagner-Peyser act passed by the Congress of the United States of America; to provide for the establishment and maintenance of free public employment offices; to provide for the transfer of funds; to make appropriations for carrying out the provisions of this act; to prescribe remedies and penalties for the violation of this act; and to repeal all acts and parts of acts inconsistent with this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5120, entitled A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 19 (MCL 325.1019). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 787 Yeas—37 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker 2060 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect the public health; to provide for supervision and control over public water supplies; to prescribe the powers and duties of the department of environmental quality; to provide for the submission of plans and specifications for waterworks systems and the issuance of construction permits therefor; to provide for capacity assessments and source water assessments of public water supplies; to provide for the classification of public water supplies and the examination, certification and regulation of persons operating those systems; to provide for continuous, adequate operation of privately owned, public water supplies; to authorize the promulgation of rules to carry out the intent of the act; to create the water supply fund; to provide for the administration of the water supply fund; and to provide penalties,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 6075, entitled A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending sections 13 and 20h (MCL 38.1133 and 38.1140h), section 13 as amended by 2016 PA 145 and section 20h as amended by 2012 PA 347. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 788 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2061 Nays—0 Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to authorize the investment of assets of public employee retirement systems or plans and the contributions made by employees to retirement systems or plans created and established by the state or any political subdivision; to provide for the payment of certain costs and investment expenses; to authorize investment in variable rate interest loans; to limit employer and plan official liability for certain investment decisions; to define and limit the investments which may be made by an investment fiduciary with the assets of a public employee retirement system; and to prescribe the powers and duties of investment fiduciaries and certain state departments and officers,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 6036, entitled A bill to amend 1968 PA 2, entitled “Uniform budgeting and accounting act,” (MCL 141.421 to 141.440a) by adding section 13a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 789 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood 2062 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the formulation and establishment of uniform charts of accounts and reports in local units of government; to define local units of government; to provide for the examination of the books and accounts of local units of government; to provide for annual financial reports from local units of government; to provide for the administration of this act; to prescribe the powers and duties of the state treasurer, the attorney general, the library of Michigan and depository libraries, and other officers and entities; to provide penalties for violation of certain requirements of this act; to provide for meeting the expenses authorized by this act; to provide a uniform budgeting system for local units; and to prohibit deficit spending by a local unit of government,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5409, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 790 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Conyers Hune Emmons Johnson Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—1 Colbeck Excused—1 Hood Not Voting—0 In The Chair: President The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2063 ursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: P “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5410, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 791 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, 2064 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5411, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307b. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 792 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Conyers Hune Emmons Johnson Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—1 Colbeck Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2065 evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5412, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307c. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 793 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Conyers Hune Emmons Johnson Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—1 Colbeck Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. 2066 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 The following bill was read a third time: House Bill No. 5413, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307d. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 794 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5414, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307e. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 78] Roll Call No. 795 [December 14, 2016] JOURNAL OF THE SENATE 2067 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Conyers Hune Emmons Johnson Green Jones Gregory Knezek Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—1 Colbeck Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5415, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307f. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 796 Yeas—36 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca 2068 JOURNAL OF THE SENATE [December 14, 2016] Booher Hildenbrand Brandenburg Hopgood Casperson Horn Conyers Hune Emmons Johnson Green Jones Gregory Knezek [No. 78 MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—1 Colbeck Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5416, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307g. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 797 Yeas—36 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey No. 78] [December 14, 2016] JOURNAL OF THE SENATE Conyers Emmons Green Gregory Hune Johnson Jones Knezek 2069 Nofs Stamas O’Brien Warren Pavlov Young Proos Zorn Nays—1 Colbeck Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5417, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307h. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 798 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory 2070 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 Nays—0 Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: House Bill No. 5288 House Bill No. 5289 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: House Bill No. 5288, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 947a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 799 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2071 Nays—0 Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5289, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” (MCL 600.101 to 600.9947) by adding sec­ tion 947. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 800 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood 2072 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 9:48 p.m. 10:00 p.m. The Senate was called to order by the Assistant President pro tempore, Senator O’Brien. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 950, entitled A bill to amend 1976 PA 399, entitled “Safe drinking water act,” (MCL 325.1001 to 325.1023) by adding section 19a. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 801 Yeas—35 Ananich Hansen Knollenberg Rocca Bieda Hertel Kowall Schmidt Booher Hildenbrand MacGregor Schuitmaker Brandenburg Hopgood Marleau Shirkey Casperson Horn Meekhof Stamas Colbeck Hune O’Brien Warren Conyers Johnson Pavlov Young Emmons Jones Proos Zorn Gregory Knezek Robertson Nays—0 No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2073 Excused—1 Hood Not Voting—2 Green Nofs In The Chair: O’Brien he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. House Bill No. 5889, entitled A bill to amend 1933 PA 167, entitled “An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,” by amending section 4a (MCL 205.54a), as amended by 2012 PA 126. The House of Representatives has amended the Senate amendment as follows: 1. Amend page 3, line 5, after “DRAINING” by striking out “FOR AGRICULTURAL PURPOSES”. The House of Representatives has concurred in the Senate amendment as amended and agreed to the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the House amendment made to the Senate amendment, The amendment was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 802 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood 2074 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. House Bill No. 5890, entitled A bill to amend 1937 PA 94, entitled “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,” by amending section 4 (MCL 205.94), as amended by 2012 PA 474. The House of Representatives has amended the Senate amendment as follows: 1. Amend page 3, line 18, after “DRAINING” by striking out “FOR AGRICULTURAL PURPOSES”. The House of Representatives has concurred in the Senate amendment as amended and agreed to the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the House amendment made to the Senate amendment, The amendment was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 803 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The President pro tempore, Senator Schuitmaker, resumed the Chair. No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2075 Senate Bill No. 72, entitled A bill to amend 2008 IL 1, entitled “Michigan medical marihuana act,” by amending section 7 (MCL 333.26427). The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2) by a 3/4 vote and amended the title to read as follows: A bill to amend 2008 IL 1, entitled “An initiation of Legislation to allow under state law the medical use of marihuana; to provide protections for the medical use of marihuana; to provide for a system of registry identification cards for qualifying patients and primary caregivers; to impose a fee for registry application and renewal; to provide for the promulgation of rules; to provide for the administration of this act; to provide for enforcement of this act; to provide for affirmative defenses; and to provide for penalties for violations of this act,” by amending section 7 (MCL 333.26427), as amended by 2016 PA 283. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, 3/4 of the members serving voting therefor, as follows: Roll Call No. 804 Yeas—33 Ananich Hansen Knollenberg Proos Bieda Hertel Kowall Robertson Booher Hildenbrand MacGregor Rocca Brandenburg Hopgood Marleau Schmidt Casperson Horn Meekhof Schuitmaker Colbeck Hune Nofs Shirkey Emmons Jones O’Brien Stamas Green Knezek Pavlov Zorn Gregory Nays—4 Conyers Johnson Warren Young Excused—1 Hood Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was not concurred in, 2/3 of the members serving not voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 647, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1168. The House of Representatives has substituted (H-3) the bill. The House of Representatives has passed the bill as substituted (H-3) and amended the title to read as follows: A bill to amend 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the 2076 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” (MCL 380.1 to 380.1852) by adding section 1170a. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 805 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was not concurred in, 2/3 of the members serving not voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 1015, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 16343a and part 182A. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2077 Senate Bill No. 1016, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 18255 to part 182A. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 541, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 307 (MCL 257.307), as amended by 2015 PA 11. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 141, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13n of chapter XVII (MCL 777.13n), as amended by 2014 PA 279. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 270, entitled A bill to amend 1998 PA 386, entitled “Estates and protected individuals code,” (MCL 700.1101 to 700.8206) by adding sections 5301b and 5402a. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 316, entitled A bill to amend 1976 PA 267, entitled “Open meetings act,” by amending section 3 (MCL 15.263), as amended by 1988 PA 278. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. The Assistant President pro tempore, Senator O’Brien, resumed the Chair. Senate Bill No. 564, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 2690 (MCL 333.2690). The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2) and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: 2078 JOURNAL OF THE SENATE [December 14, 2016] Roll Call No. 806 [No. 78 Yeas—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Nays—11 Ananich Gregory Johnson Warren Bieda Hertel Knezek Young Conyers Hopgood Rocca Excused—1 Hood Not Voting—0 In The Chair: O’Brien he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was not concurred in, 2/3 of the members serving not voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 565, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13k of chapter XVII (MCL 777.13k), as amended by 2012 PA 539. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 807 Yeas—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2079 Nays—11 Ananich Gregory Johnson Warren Bieda Hertel Knezek Young Conyers Hopgood Rocca Excused—1 Hood Not Voting—0 In The Chair: O’Brien he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was not concurred in, 2/3 of the members serving not voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 805, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 17744b (MCL 333.17744b), as added by 2014 PA 311. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 506, entitled A bill to amend 1964 PA 283, entitled “Weights and measures act,” by amending section 28c (MCL 290.628c), as amended by 2012 PA 254. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 808 Yeas—37 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey 2080 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was not concurred in, 2/3 of the members serving not voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 1051, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21102 and 21104 (MCL 324.21102 and 324.21104). The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 1052, entitled A bill to amend 1984 PA 44, entitled “Motor fuels quality act,” by amending section 6 (MCL 290.646), as amended by 2006 PA 271. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:31 p.m. 10:50 p.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2081 Senate Bill No. 1053, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 21506a and 21508 (MCL 324.21506a and 324.21508), as amended by 2014 PA 416. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 1179, entitled A bill to amend 1941 PA 207, entitled “Fire prevention code,” by amending section 5d (MCL 29.5d), as amended by 2006 PA 189. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 1088, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 203 (MCL 436.1203), as amended by 2014 PA 50. The House of Representatives has substituted (H-3) the bill. The House of Representatives has passed the bill as substituted (H-3) and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 809 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood In The Chair: Schuitmaker Not Voting—0 2082 he T The The The JOURNAL OF THE SENATE [December 14, 2016] [No. 78 question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was not concurred in, 2/3 of the members serving not voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 806, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending sections 5 and 1178 (MCL 380.5 and 380.1178), section 5 as amended by 2016 PA 192 and section 1178 as amended by 2013 PA 187, and by adding section 1179b. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 924, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 15f of chapter XVII (MCL 777.15f), as added by 2002 PA 206. The House of Representatives has amended the bill as follows: 1. Amend page 2, line 7, after “unless” by striking out the balance of the line and inserting “House Bill No. 5626”. The House of Representatives has passed the bill as amended and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the amendment made to the bill by the House, The amendment was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 810 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood In The Chair: Schuitmaker Not Voting—0 No. 78] he T The The The [December 14, 2016] JOURNAL OF THE SENATE 2083 question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was not concurred in, 2/3 of the members serving not voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bills, now on the order of Third Reading of Bills, be placed on their immediate passage at the head of the Third Reading of Bills calendar: House Bill No. 5250 House Bill No. 4235 House Bill No. 5720 House Bill No. 5782 House Bill No. 5877 House Bill No. 4136 House Bill No. 4142 House Bill No. 5532 House Bill No. 5422 House Bill No. 5815 House Bill No. 5838 House Bill No. 5839 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: House Bill No. 5250, entitled A bill to amend 2008 PA 23, entitled “Enhanced driver license and enhanced official state personal identification card act,” by amending section 5 (MCL 28.305). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 811 Ananich Bieda Booher Brandenburg Casperson Colbeck Conyers Emmons Green Yeas—36 Gregory Hansen Hertel Hildenbrand Hopgood Horn Hune Johnson Jones Knezek Proos Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas O’Brien Young Pavlov Zorn Nays—1 Warren Excused—1 Hood 2084 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to authorize the secretary of state to issue enhanced driver licenses and state personal identification cards to United States citizens who reside in Michigan to facilitate travel between the United States and Canada; to establish certain funds and prescribe duties for certain officials; and to prohibit certain conduct and prescribe penalties,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4235, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 2617a. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 812 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2085 third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. The Assistant President pro tempore, Senator O’Brien, resumed the Chair. The following bill was read a third time: House Bill No. 5720, entitled A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 500 (MCL 208.1500), as amended by 2013 PA 233. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 813 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, reporting, payment, and enforcement of taxes on certain commercial, business, and financial activities; to prescribe the powers and duties of public officers and state departments; to provide for the inspection of certain taxpayer records; to provide for interest and penalties; to provide exemptions, credits, and refunds; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to make appropriations,”. The Senate agreed to the full title. 2086 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 The following bill was read a third time: House Bill No. 5782, entitled A bill to amend 1974 PA 258, entitled “Mental health code,” by amending section 748 (MCL 330.1748), as amended by 1998 PA 497. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 814 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health or substance use disorder services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness, substance use disorder, or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness, substance use disorder, or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5877, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending sections 17702, 17703, and 17707 (MCL 333.17702, 333.17703, and 333.17707), section 17702 as amended by 2014 PA 280 and sections 17703 and 17707 as amended by 2014 PA 285, and by adding section 17760. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 78] Roll Call No. 815 [December 14, 2016] JOURNAL OF THE SENATE 2087 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4136, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1166 (MCL 380.1166). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: 2088 JOURNAL OF THE SENATE [December 14, 2016] Roll Call No. 816 Ananich Bieda Booher Brandenburg Casperson Colbeck Conyers Emmons Green [No. 78 Yeas—36 Gregory Hansen Hertel Hildenbrand Hopgood Horn Hune Johnson Jones Knezek Proos Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Stamas Nofs Warren O’Brien Young Pavlov Zorn Nays—1 Shirkey Excused—1 Hood Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 4142, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 724 (MCL 257.724), as amended by 2012 PA 498. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 817 Ananich Booher Yeas—28 Hansen MacGregor Robertson Hildenbrand Marleau Rocca No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2089 Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Nays—9 Bieda Hertel Johnson Warren Conyers Hopgood Knezek Young Gregory Excused—1 Hood Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5532, entitled A bill to amend 2000 PA 92, entitled “Food law,” by amending section 6101 (MCL 289.6101), as amended by 2012 PA 178. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 818 Yeas—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt 2090 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Nays—11 Ananich Gregory Johnson Warren Bieda Hertel Knezek Young Conyers Hopgood Rocca Excused—1 Hood Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to codify the licensure and regulation of certain persons engaged in processing, manufacturing, production, packing, preparing, repacking, canning, preserving, freezing, fabricating, storing, selling, serving, or offering for sale food or drink for human consumption; to prescribe powers and duties of the department of agriculture and rural development; to provide for delegation of certain powers and duties to certain local units of government; to provide exemptions; to regulate the labeling, manufacture, distribution, and sale of food for protection of the consuming public and to prevent fraud and deception by prohibiting the misbranding, adulteration, manufacture, distribution, and sale of foods in violation of this act; to provide standards for food products and food establishments; to provide for immunity to certain persons under certain circumstances; to provide for enforcement of the act; to provide penalties and remedies for violation of the act; to provide for fees; to provide for promulgation of rules; and to repeal acts and parts of acts,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5422, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 145n (MCL 750.145n), as amended by 2004 PA 559. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 819 Yeas—37 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Colbeck Hune Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2091 Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5815, entitled A bill to amend 1953 PA 232, entitled “Corrections code of 1953,” by amending section 83 (MCL 791.283). The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 820 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood 2092 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to provide for a lifetime electronic monitoring program; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5838, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 459 (MCL 750.459), as amended by 2014 PA 331. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 821 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood In The Chair: O’Brien Not Voting—0 No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2093 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,”. The Senate agreed to the full title. The following bill was read a third time: House Bill No. 5839, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16w of chapter XVII (MCL 777.16w), as amended by 2014 PA 327. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 822 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; 2094 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,”. The Senate agreed to the full title. Senator Kowall moved that the following bills be placed at the head of the Third Reading of Bills calendar: House Bill No. 4353 House Bill No. 4355 The motion prevailed. The following bill was read a third time: House Bill No. 4353, entitled A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” by amending section 1 (MCL 287.331), as amended by 1997 PA 7. The question being on the passage of the bill, Senator Jones offered the following substitute: Substitute (S-4). The question being on the adoption of the substitute, Senator Jones offered the following amendment to the substitute: 1. Amend page 9, line 22, after the second “SHELTER” by striking out “SHALL NOT” and inserting “MAY CHOOSE NOT TO”. The amendment to the substitute was adopted. The substitute as amended was adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 823 Yeas—30 Ananich Hertel Kowall Robertson Bieda Hildenbrand MacGregor Rocca Booher Hopgood Marleau Schmidt Brandenburg Horn Nofs Schuitmaker Conyers Johnson O’Brien Warren Green Jones Pavlov Young Gregory Knezek Proos Zorn Hansen Knollenberg Nays—7 Casperson Emmons Colbeck Hune Meekhof Stamas Shirkey Excused—1 Hood No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2095 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. Senator Jones offered to amend the title to read as follows: A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” by amending sections 1, 2, 5a, 6, 7, and 9 (MCL 287.331, 287.332, 287.335a, 287.336, 287.337, and 287.339), sections 1, 6, 7, and 9 as amended by 1997 PA 7 and section 5a as added by 1980 PA 214, and by adding sections 8c, 9c, and 9d. The amendment to the title was adopted. The Senate agreed to the title as amended. The following bill was read a third time: House Bill No. 4355, entitled A bill to amend 1969 PA 287, entitled “An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies,” (MCL 287.331 to 287.340) by adding section 8b. The question being on the passage of the bill, Senator Jones offered the following amendments: 1. Amend page 1, line 2, after the second “SHELTER” by striking out “SHALL” and inserting “MAY”. 2. Amend page 1, line 7, after “AS” by striking out the balance of the line through “BY” on line 8 and inserting “ALLOWED UNDER”. The amendments were adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 824 Yeas—31 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Nofs Warren Conyers Johnson O’Brien Young Green Jones Pavlov Zorn Gregory Knezek Proos Nays—6 Colbeck Hune Shirkey Stamas Emmons Meekhof Excused—1 Hood 2096 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 Not Voting—0 In The Chair: O’Brien he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the title of the bill. Committee Reports The Committee on Education reported House Bill No. 5409, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher and Hopgood Nays: Senator Colbeck The bill was referred to the Committee of the Whole. The Committee on Education reported House Bill No. 5410, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307a. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Hopgood Nays: None The bill was referred to the Committee of the Whole. The Committee on Education reported House Bill No. 5411, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307b. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher and Hopgood Nays: Senator Colbeck The bill was referred to the Committee of the Whole. The Committee on Education reported House Bill No. 5412, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307c. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2097 To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher and Hopgood Nays: Senator Colbeck The bill was referred to the Committee of the Whole. The Committee on Education reported House Bill No. 5413, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307d. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Hopgood Nays: None The bill was referred to the Committee of the Whole. The Committee on Education reported House Bill No. 5414, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307e. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher and Hopgood Nays: Senator Colbeck The bill was referred to the Committee of the Whole. The Committee on Education reported House Bill No. 5415, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307f. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher and Hopgood Nays: Senator Colbeck The bill was referred to the Committee of the Whole. The Committee on Education reported House Bill No. 5416, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307g. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher and Hopgood Nays: Senator Colbeck The bill was referred to the Committee of the Whole. 2098 JOURNAL OF THE SENATE [December 14, 2016] [No. 78 The Committee on Education reported House Bill No. 5417, entitled A bill to amend 1976 PA 451, entitled “The revised school code,” (MCL 380.1 to 380.1852) by adding section 1307h. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Phillip J. Pavlov Chairperson To Report Out: Yeas: Senators Pavlov, Knollenberg, Booher, Colbeck and Hopgood Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Education submitted the following: T Meeting held on Tuesday, December 13, 2016, at 12:00 p.m., Rooms 402 and 403, Capitol Building Present: Senators Pavlov (C), Knollenberg, Booher, Colbeck and Hopgood The Committee on Government Operations reported House Bill No. 4982, entitled A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” by amending sections 27, 32, 54, and 62 (MCL 421.27, 421.32, 421.54, and 421.62), section 27 as amended by 2012 PA 496, section 32 as amended by 2013 PA 144, section 54 as amended by 2013 PA 143, and section 62 as amended by 2013 PA 147. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Arlan B. Meekhof Chairperson To Report Out: Yeas: Senators Meekhof, Hansen, Kowall and Ananich Nays: None The bill was referred to the Committee of the Whole. The Committee on Government Operations reported House Bill No. 5120, entitled A bill to amend 1976 PA 399, entitled “Safe drinking water act,” by amending section 19 (MCL 325.1019). With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Arlan B. Meekhof Chairperson To Report Out: Yeas: Senators Meekhof, Hansen, Kowall and Ananich Nays: None The bill was referred to the Committee of the Whole. The Committee on Government Operations reported House Bill No. 6036, entitled A bill to amend 1968 PA 2, entitled “Uniform budgeting and accounting act,” (MCL 141.421 to 141.440a) by adding section 13a. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Arlan B. Meekhof Chairperson To Report Out: Yeas: Senators Meekhof, Hansen, Kowall and Ananich Nays: None The bill was referred to the Committee of the Whole. No. 78] [December 14, 2016] JOURNAL OF THE SENATE 2099 The Committee on Government Operations reported House Bill No. 6075, entitled A bill to amend 1965 PA 314, entitled “Public employee retirement system investment act,” by amending sections 13 and 20h (MCL 38.1133 and 38.1140h), section 13 as amended by 2016 PA 145 and section 20h as amended by 2012 PA 347. With the recommendation that the bill pass. The committee further recommends that the bill be given immediate effect. Arlan B. Meekhof Chairperson To Report Out: Yeas: Senators Meekhof, Hansen, Kowall and Ananich Nays: None The bill was referred to the Committee of the Whole. COMMITTEE ATTENDANCE REPORT he Committee on Government Operations submitted the following: T Meeting held on Wednesday, December 14, 2016, at 11:30 a.m., Rooms 402 and 403, Capitol Building Present: Senators Meekhof (C), Hansen, Kowall and Ananich sent: None Excused: Senator Hood COMMITTEE ATTENDANCE REPORT he Subcommittee on K-12, School Aid, and Education submitted the following: T Joint Meeting held on Tuesday, December 13, 2016, at 8:30 a.m., House Appropriations Room, 3rd Floor, Capitol Building Present: Senator Hansen (C) Excused: Pavlov and Hopgood COMMITTEE ATTENDANCE REPORT he Committee on Economic Development and International Investment submitted the following: T Meeting held on Wednesday, December 14, 2016, at 1:30 p.m., Room 210, Farnum Building Present: Senators Horn (C), Schmidt, Stamas, Emmons, Bieda and Conyers Excused: Senator Brandenburg enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 11:42 p.m. The Assistant President pro tempore, Senator O’Brien, declared the Senate adjourned until Thursday, December 15, 2016, at 10:00 a.m. JEFFREY F. COBB Secretary of the Senate 2100 No. 79 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Thursday, December 15, 2016. 10:00 a.m. The Senate was called to order by the President pro tempore, Senator Tonya Schuitmaker. The roll was called by the Secretary of the Senate, who announced that a quorum was present. Ananich—present Bieda—present Booher—present Brandenburg—present Casperson—present Colbeck—present Conyers—present Emmons—present Green—present Gregory—present Hansen—present Hertel—present Hildenbrand—present Hood—excused Hopgood—present Horn—present Hune—present Johnson—present Jones—present Knezek—present Knollenberg—present Kowall—present MacGregor—present Marleau—present Meekhof—present Nofs—present O’Brien—present Pavlov—present Proos—present Robertson—present Rocca—present Schmidt—present Schuitmaker—present Shirkey—present Stamas—present Warren—present Young—present Zorn—present 2102 JOURNAL OF THE SENATE [December 15, 2016] [No. 79 abbi Elimelech Goldberg of Kids Kicking Cancer of Southfield offered the following invocation: R We ask our Father in heaven to provide that light to the very wise individuals who stand in this room today. They’re a little bit tired and there’s been a lot going on, but give them the strength and the fortitude and the discernment to create a light in Your world that can know too much darkness. Bring us the faith and the strength and the wisdom together to create a union of all for the greater good of this beautiful state and this wonderful country. Grant strength and health to the wonder­ful representatives of the state of Michigan, these extraordinary Senators who stand before You. Bless them and bless us, and let us say: Amen. The President pro tempore, Senator Schuitmaker, led the members of the Senate in recital of the Pledge of Allegiance. Motions and Communications Senator Kowall moved that Senators Brandenburg, Hildenbrand, Nofs, Proos and Shirkey be temporarily excused from today’s session. The motion prevailed. enator Bieda moved that Senators Hopgood, Johnson and Young be temporarily excused from today’s session. S The motion prevailed. enator Bieda moved that Senator Hood be excused from today’s session. S The motion prevailed. Senator Kowall moved that rule 3.902 be suspended to allow the guests of Senators Meekhof, Jones and Proos admit­tance to the Senate floor. The motion prevailed, a majority of the members serving voting therefor. Senators Jones, O’Brien and Meekhof asked and were granted unanimous consent to make statements and moved that the statements be printed in the Journal. The motion prevailed. Senator Jones’ statement is as follows: Colleagues, today I sadly bid goodbye to another chief of staff. Because we’re such a high-activity office, my chiefs of staff constantly have headhunters looking at them for their next position and offer more money than I can. As you recall, I had Cana Garrison and Jason Wadaga, and now Sandra McCormick will be going into the world of government relations. I always encourage them to take that next step and be successful. Six years ago, I was without a front-office person and was looking for someone with a high work ethic. Sandra was laid off from the state party after an election cycle, and so I called and got a hold of her dad and said, “I’d like to talk to your daughter.” He ran downstairs and said, “I think somebody wants to hire you.” She arranged for a meeting so we could decide if she was going to be a right fit for the office and I soon hired her. Now, in my office, if you work hard, when somebody leaves, everybody moves up, and that’s exactly what’s happened with Sandra. She has held every position in my office and has done a magnificent job as chief of staff. Not only are we a high-volume office with a lot of activity, but I chair the Senate Judiciary Committee and am very proud of Senator Schuitmaker, Senator Bieda, Senator Colbeck, and Senator Rocca for their work ethic because this year, 234 bills have moved out of the Senate Judiciary Committee. That doesn’t count all the debate we had on the bills that didn’t move, and it’s not uncommon for me to say: “Get ready to rock because we have 18 bills on the agenda.” We enjoy that work, and when we do that, you have to realize what the staff behind you has to do. Sandra constantly carried a briefcase home full of papers, and constantly had to work on bills while she played with Evie. I’m very happy to have her parents here today, Dave and Cathy, and her daughter Evie. I want to thank her for all of her hard work for the last six years. enator O’Brien’s statement is as follows: S It’s also with sadness that I also am losing one of my valued staff: Collin McDonough. Collin has a lot of unique things about him. Probably the most unique is he has worked for half of the women Senators in the State Senate. He also is known for his great style, always trying to get a smile, and if he knows there’s an outfit you don’t like, he’s going to wear it even more often. We need that kind of sense of humor in the Legislature when we handle so many serious issues. It’s nice to have somebody who can help us laugh and smile as we’re dealing with a lot of the issues our state is facing. Collin has worked for both myself and our President pro tempore. No. 79] [December 15, 2016] JOURNAL OF THE SENATE 2103 He has served us very well, but he’s going on to greater things. I think one of the things in the term-limit era that we should be most aware of is that our staff will have a career after us, and what can we do to prepare them. I can say he’s leaving us, but he’s still going to at least be working for me because he is going to the Michigan Realtors, of which I’m a dues-paying member. Even though he will be working with Realtors from southeast Michigan, needless to say all the staff at the Realtors answer my phone call. I’m very grateful for all his hard work and his talented skill. He’s going to be so missed. We’re going to miss all the bright outfits, we’re going to miss what you’re ordering for lunch—which must be planned out before 11 a.m.—but just all those great smiles that we had. I’m confident in saying that on behalf of Senator Schuitmaker and myself, we really treasure you, Collin, and we appreciate everything you’ve done for us. You will not be forgotten, and I really appreciate all that you have done to raise awareness for children who have disabilities and what the state can do to help them, and we look forward to seeing what the next outfit is in the Polar Plunge next year. Thank you very much for all you’ve done. enator Meekhof’s statement is as follows: S As we’re on this last day of session, a number of us have staff members who are moving on. For those of us of a certain age, when we consider our staff, we consider them like our own kids and Kelly Thomas certainly is no exception to that. Kelly, with Beckett and Mike are both here, we’re honored to have a few moments with them. It is an honor and a privilege to recognize and congratulate Kelly as she leaves the Senate for the next chapter of her career. In this era of term limits, legislative staff people are a source of knowledge and insight and as executive assistant to my office, she is regarded as knowledgeable, friendly, organized, and determined. Kelly served as Communications and Grassroots Coordinator for the Associated Builders and Contractors of Michigan before she joined the Senate. Kelly began her career in the Legislature in 2013. She graduated from Michigan State University in 2008 and graduated from Douglas Aveda Institute in 2010. Kelly’s first job in the Legislature was in my floor leader office, and she was essential in the transition from the floor leader office to the Majority Leader office. Kelly oversees staff dedicated to scheduling and constituent relations. She organizes all the office events, reviews consti­ tuent correspondence and interaction, and coordinates with the House for the annual State of the State address and reception. She maintains my schedule, and my chief of staff’s and many other folks. In short, she effortlessly creates order out of total chaos. Kelly is irreplaceable, and I know we use those words rather interchangeably but I’m serious. Her organization, her work ethic, and friendly personality will be missed. While others in my office are focused on the major issues of the day, Kelly knows it is attention to detail that ensures my office functions like a well-oiled machine. In May 2016, Kelly and her husband Mike became parents to Beckett. On top of dealing with the many demands in her role as executive assistant, Kelly goes home each night to her second job, or maybe I should say her most important job, as wife and mother. We will miss her and we wish her well in her future endeavors. Senators Brandenburg, Nofs, Hildenbrand, Shirkey and Young entered the Senate Chamber. The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, December 14, for his approval the following bills: Enrolled Senate Bill No. 332 at 2:20 p.m. Enrolled Senate Bill No. 333 at 2:22 p.m. Enrolled Senate Bill No. 291 at 2:24 p.m. Enrolled Senate Bill No. 510 at 2:26 p.m. The Secretary announced that the following bills were printed and filed on Wednesday, December 14, and are available at the Michigan Legislature website: Senate Bill Nos. 1189 1190 1191 1192 House Bill No. 6113 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 10:16 a.m. 2104 JOURNAL OF THE SENATE [December 15, 2016] [No. 79 10:40 a.m. The Senate was called to order by the President pro tempore, Senator Schuitmaker. During the recess, Senators Johnson, Proos and Hopgood entered the Senate Chamber. Messages from the House Senate Bill No. 833, entitled A bill to amend 1966 PA 291, entitled “Firefighters training council act,” by amending sections 2, 13, and 14 (MCL 29.362, 29.373, and 29.374), as amended by 2006 PA 213. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2) and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 825 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was not concurred in, 2/3 of the members serving not voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. No. 79] [December 15, 2016] JOURNAL OF THE SENATE 2105 Senate Bill No. 908, entitled A bill to amend 1996 PA 381, entitled “Brownfield redevelopment financing act,” by amending sections 2, 3, 4, 7, 8, 8a, 11, 13, 14, 15, 15a, and 16 (MCL 125.2652, 125.2653, 125.2654, 125.2657, 125.2658, 125.2658a, 125.2661, 125.2663, 125.2664, 125.2665, 125.2665a, and 125.2666), section 2 as amended by 2013 PA 67, section 3 as amended by 2000 PA 145, sections 4, 8, 13, 15, and 16 as amended and section 8a as added by 2012 PA 502, section 7 as amended by 2002 PA 413, and section 15a as amended by 2014 PA 20, and by adding sections 13a and 13b; and to repeal acts and parts of acts. The House of Representatives has amended the bill as follows: 1. Amend page 57, line 19, after “211.906,” by inserting “INCLUDING 50% OF THAT PORTION OF SPECIFIC TAXES ATTRIBUTABLE TO, BUT NOT LEVIED UNDER, THE STATE EDUCATION TAX ACT, 1993 PA 331, MCL 211.901 TO 211.906,”. 2. Amend page 58, line 10, after the first “THE” by striking out “3 MILLS THAT ARE” and inserting “AMOUNT”. The House of Representatives has passed the bill as amended and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the amendments made to the bill by the House, The amendments were concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 826 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: Schuitmaker he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was not concurred in, 2/3 of the members serving not voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 909, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 19511, 19512, and 19513 (MCL 324.19511, 324.19512, and 324.19513), as added by 1995 PA 60. 2106 he T The The The The JOURNAL OF THE SENATE [December 15, 2016] [No. 79 House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was not concurred in, 2/3 of the members serving not voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 910, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 19601, 19607, 19608, and 19608a (MCL 324.19601, 324.19607, 324.19608, and 324.19608a), sections 19601 and 19607 as added by 1998 PA 288, section 19608 as amended by 2012 PA 446, and section 19608a as added by 2003 PA 253, and by adding section 19608b. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 911, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 19508, 19509, and 19510 (MCL 324.19508, 324.19509, and 324.19510), as added by 1995 PA 60. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 912, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 19609, 19610, 19611, and 19612 (MCL 324.19609, 324.19610, 324.19611, and 324.19612), sections 19609, 19610, and 19611 as added by 1998 PA 288 and section 19612 as amended by 2014 PA 115, and by adding section 19610a. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 913, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 20108b (MCL 324.20108b), as amended by 2010 PA 233. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 1187, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 40103, 40110, 40113a, and 48703a (MCL 324.40103, 324.40110, 324.40113a, and 324.48703a), sections 40103, 40110, and 40113a as amended by 2014 PA 281 and section 48703a as amended by 2015 PA 12. The House of Representatives has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. No. 79] [December 15, 2016] JOURNAL OF THE SENATE 2107 Senator Proos asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. Senator Proos’ statement is as follows: I appreciate the opportunity to take a couple of moments. Many of us on the floor in the last week, as is typical when we come to the end of a session, stop to say thank you to the folks that have helped to represent us in the community with the 270,000 or so people that we all represent. We’ve heard from several Senators who are losing valued members of their staff because new opportunities and new experiences await them outside of the work in the offices that we serve in for the short period of time that we serve. I’m no different than that, although this is an unusual experience for me. I’ve had the blessing of having staff that have stayed with me virtually the entire time that I’ve served in the Michigan Legislature, whether that be in the House of Representatives or here in the Michigan Senate. Today, I unfortunately, but with great pride and excitement for Kim Wadaga, thank her for her service and her time. She, of course, well you wouldn’t know this but she started as a newly-minted Michigan State University degree holder, and as that Spartan was a young lady who came into the office, I’ve had the pleasure in eight years between the House and the Senate of watching her grow, watching her become a new wife, and also become a new mother as you can see because Nolan, 2 1/2 years old, gets to join us today too. Nolan, if he speaks up, can be included in the Journal, Madam President, I’m sure, with his comments. I think all of us know that, for the most part, the work that we do is thankless. We, as the members of the Legislature, receive the adulation. We’re the ones who receive some of the grief, but the folks who are behind the scenes every day giving their all for the constituents that we serve are folks like Kim Wadaga and Rebecca O’Connell and Trenton Miller in my office, Bob Wolfer before him, and Adam Mensinger in my district office. That team that gathers together every day to make a difference in the community is no different than your team, but for me, it’s the best team and Kim has been a part of that as she has grown into what will soon be a new title in her life, as the legislative and budget director for Representative Cox, the new Appropriations chairman in the House of Representatives in the next term. That, to me, is the hallmark of somebody who has grown and developed into a fantastic staff member, a knowledgeable staff member, and Kim, most especially, a good friend. Since I’ve had the pleasure of watching her grow over these years, and knowing that she’s continued to become a key part of service in our community, as we say thank you and we say goodbye, I know that our offices will not be too far apart, I know that the chambers are not too far apart, and, Kim, you and your family, and your husband Jason who is not allowed on the floor as you might know—he’s up in the Gallery—and Nolan will never be far away from our hearts. We thank you for your service, we thank you for all that you have done to support the people of southwest Michigan, and in particular, Kim, to support me and the work that I’ve done to try to make a difference. You’ve been a blessing to all of us, you’re not far away from our hearts, and you’re just a chamber across. Madam President, if you would all please join me in acknowledging Kim for her service and thanking her for her service. Senate Bill No. 25, entitled A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 9 (MCL 247.909), as amended by 1993 PA 149. The House of Representatives has passed the bill and ordered that the bill be given immediate effect. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 1049, entitled A bill to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending sections 1, 3, 11, 12, 12a, and 13 (MCL 247.901, 247.903, 247.911, 247.912, 247.912a, and 247.913), section 1 as amended by 2010 PA 238, sections 3 and 12 as amended and section 12a as added by 1993 PA 149, and section 11 as amended by 2016 PA 273. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and ordered that the bill be given immediate effect. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. 2108 JOURNAL OF THE SENATE [December 15, 2016] [No. 79 he motion prevailed, a majority of the members serving voting therefor. T The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 827 Yeas—35 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Stamas Conyers Hune Nofs Warren Emmons Johnson O’Brien Young Green Jones Pavlov Zorn Gregory Knezek Proos Nays—2 Colbeck Shirkey Excused—1 Hood Not Voting—0 In The Chair: Schuitmaker he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 1097, entitled A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” by amending section 2a (MCL 36.2a), as amended by 2016 PA 213. The House of Representatives has amended the bill as follows: 1. Amend page 3, line 15, by striking out all of enacting section 1 and renumbering the remaining enacting section. The House of Representatives has passed the bill as amended and ordered that it be given immediate effect. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the amendment made to the bill by the House, The amendment was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 828 Ananich Bieda Yeas—37 Hansen Hertel Knollenberg Robertson Kowall Rocca No. 79] [December 15, 2016] JOURNAL OF THE SENATE 2109 Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: Schuitmaker The President, Lieutenant Governor Calley, assumed the Chair. he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 1098, entitled A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” (MCL 36.1 to 36.12) by adding section 10. The House of Representatives has amended the bill as follows: 1. Amend page 2, line 6, by striking out all of enacting section 1 and renumbering the remaining enacting section. The House of Representatives has passed the bill as amended and ordered that it be given immediate effect. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the amendment made to the bill by the House, The amendment was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 829 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory 2110 JOURNAL OF THE SENATE [December 15, 2016] [No. 79 Nays—0 Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 1099, entitled A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” (MCL 36.1 to 36.12) by adding section 10. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” (MCL 36.1 to 36.12) by adding section 10a. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 830 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood No. 79] [December 15, 2016] JOURNAL OF THE SENATE 2111 Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 1100, entitled A bill to create the Michigan veterans’ facility authority; to develop and operate certain veterans’ facilities; to create funds and accounts; to authorize the issuing of bonds and notes; to prescribe the powers and duties of the authority and certain state departments and other state officials and employees; and to make appropriations and prescribe certain conditions for the appropriations. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and ordered that it be given immediate effect. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 831 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. 2112 JOURNAL OF THE SENATE [December 15, 2016] [No. 79 Senate Bill No. 619, entitled A bill to amend 1980 PA 450, entitled “The tax increment finance authority act,” by amending sections 1 and 3 (MCL 125.1801 and 125.1803), section 1 as amended by 2014 PA 38 and section 3 as amended by 2005 PA 14. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 832 Yeas—35 Ananich Gregory Knollenberg Robertson Bieda Hansen Kowall Rocca Booher Hertel MacGregor Schuitmaker Brandenburg Hildenbrand Marleau Shirkey Casperson Hopgood Meekhof Stamas Colbeck Hune Nofs Warren Conyers Johnson O’Brien Young Emmons Jones Pavlov Zorn Green Knezek Proos Nays—2 Horn Schmidt Excused—1 Hood Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 620, entitled A bill to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development No. 79] [December 15, 2016] JOURNAL OF THE SENATE 2113 authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending sections 1 and 3 (MCL 125.1651 and 125.1653), section 1 as amended by 2013 PA 66 and section 3 as amended by 2005 PA 115. The House of Representatives has substituted (H-3) the bill. The House of Representatives has passed the bill as substituted (H-3) and ordered that it be given immediate effect. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 833 Yeas—35 Ananich Gregory Knollenberg Robertson Bieda Hansen Kowall Rocca Booher Hertel MacGregor Schuitmaker Brandenburg Hildenbrand Marleau Shirkey Casperson Hopgood Meekhof Stamas Colbeck Hune Nofs Warren Conyers Johnson O’Brien Young Emmons Jones Pavlov Zorn Green Knezek Proos Nays—2 Horn Schmidt Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 621, entitled A bill to amend 2005 PA 280, entitled “Corridor improvement authority act,” by amending sections 3 and 18 (MCL 125.2873 and 125.2888), section 3 as amended by 2013 PA 68 and section 18 as amended by 2008 PA 44. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: 2114 JOURNAL OF THE SENATE [December 15, 2016] Roll Call No. 834 [No. 79 Yeas—33 Ananich Hansen Kowall Robertson Bieda Hertel MacGregor Rocca Booher Hildenbrand Marleau Schuitmaker Brandenburg Hopgood Meekhof Shirkey Casperson Hune Nofs Stamas Conyers Jones O’Brien Warren Emmons Knezek Pavlov Young Green Knollenberg Proos Zorn Gregory Nays—3 Colbeck Horn Schmidt Excused—1 Hood Not Voting—1 Johnson In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 622, entitled A bill to amend 2008 PA 94, entitled “Water resource improvement tax increment finance authority act,” by amending sections 3 and 15 (MCL 125.1773 and 125.1785), section 3 as amended by 2013 PA 25. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 835 Ananich Bieda Yeas—35 Gregory Hansen Knollenberg Robertson Kowall Rocca No. 79] [December 15, 2016] JOURNAL OF THE SENATE 2115 Booher Hertel MacGregor Schuitmaker Brandenburg Hildenbrand Marleau Shirkey Casperson Hopgood Meekhof Stamas Colbeck Hune Nofs Warren Conyers Johnson O’Brien Young Emmons Jones Pavlov Zorn Green Knezek Proos Nays—2 Horn Schmidt Excused—1 Hood Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 623, entitled A bill to amend 1986 PA 281, entitled “The local development financing act,” by amending sections 2 and 4 (MCL 125.2152 and 125.2154), section 2 as amended by 2013 PA 62 and section 4 as amended by 2012 PA 290. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 836 Yeas—35 Ananich Gregory Knollenberg Robertson Bieda Hansen Kowall Rocca Booher Hertel MacGregor Schuitmaker Brandenburg Hildenbrand Marleau Shirkey Casperson Hopgood Meekhof Stamas Colbeck Hune Nofs Warren Conyers Johnson O’Brien Young Emmons Jones Pavlov Zorn Green Knezek Proos 2116 JOURNAL OF THE SENATE [December 15, 2016] [No. 79 Nays—2 Horn Schmidt Excused—1 Hood Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 624, entitled A bill to amend 2004 PA 530, entitled “Historical neighborhood tax increment finance authority act,” by amending sections 3 and 17 (MCL 125.2843 and 125.2857), section 3 as amended by 2010 PA 237. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 837 Yeas—35 Ananich Gregory Knollenberg Robertson Bieda Hansen Kowall Rocca Booher Hertel MacGregor Schuitmaker Brandenburg Hildenbrand Marleau Shirkey Casperson Hopgood Meekhof Stamas Colbeck Hune Nofs Warren Conyers Johnson O’Brien Young Emmons Jones Pavlov Zorn Green Knezek Proos Nays—2 Horn Schmidt Excused—1 Hood No. 79] [December 15, 2016] JOURNAL OF THE SENATE 2117 Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 973, entitled A bill to amend 1998 PA 58, entitled “Michigan liquor control code of 1998,” by amending section 537 (MCL 436.1537), as amended by 2013 PA 101. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 982, entitled A bill to amend 1998 PA 434, entitled “Uniform fraudulent transfer act,” by amending the title and sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 (MCL 566.31, 566.32, 566.33, 566.34, 566.35, 566.36, 566.37, 566.38, 566.39, 566.40, 566.41, 566.42, and 566.43), section 1 as amended by 2009 PA 44 and section 8 as amended by 2000 PA 362, and by adding sections 14 and 15. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2) and amended the title to read as follows: A bill to amend 1998 PA 434, entitled “An act to define and regulate fraudulent transfers and conveyances; to set aside and modify certain transfers and conveyances; to make uniform the law of fraudulent transfers; and to repeal acts and parts of acts,” by amending the title and sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 (MCL 566.31, 566.32, 566.33, 566.34, 566.35, 566.36, 566.37, 566.38, 566.39, 566.40, 566.41, 566.42, and 566.43), sections 1, 4, and 9 as amended by 2016 PA 331 and section 8 as amended by 2000 PA 362, and by adding sections 14 and 15. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 838 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 2118 JOURNAL OF THE SENATE [December 15, 2016] [No. 79 Excused—1 Hood Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. The Assistant President pro tempore, Senator O’Brien, assumed the Chair. Senate Bill No. 983, entitled A bill to amend 1972 PA 284, entitled “Business corporation act,” by amending section 122 (MCL 450.1122), as amended by 2001 PA 57. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2) and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 839 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood In The Chair: O’Brien Not Voting—0 No. 79] he T The The The [December 15, 2016] JOURNAL OF THE SENATE 2119 question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was not concurred in, 2/3 of the members serving not voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 984, entitled A bill to amend 1982 PA 162, entitled “Nonprofit corporation act,” by amending section 122 (MCL 450.2122), as amended by 2014 PA 557. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2) and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 840 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was not concurred in, 2/3 of the members serving not voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 985, entitled A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending section 24a (MCL 552.624a), as amended by 2002 PA 572. The House of Representatives has substituted (H-2) the bill. 2120 JOURNAL OF THE SENATE [December 15, 2016] [No. 79 The House of Representatives has passed the bill as substituted (H-2) and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 841 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: O’Brien he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was not concurred in, 2/3 of the members serving not voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 521, entitled A bill to create the Michigan historical commission; and to prescribe its powers and duties. The House of Representatives has passed the bill. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 522, entitled A bill to create the Michigan historical center; to prescribe the authority of the center; to provide for the archives of Michigan and the Michigan historical museum to be under the control and supervision of the center; to provide stewardship for the museum and archival collection of this state; to provide for the management of state and local government records of archival value; to prescribe the powers and duties of certain state and local agencies and officials; and to repeal acts and parts of acts. No. 79] he T The The The [December 15, 2016] JOURNAL OF THE SENATE 2121 House of Representatives has passed the bill. question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was not concurred in, 2/3 of the members serving not voting therefor. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Recess enator Kowall moved that the Senate recess until 2:00 p.m. S The motion prevailed, the time being 11:47 a.m. The Senate reconvened at the expiration of the recess and was called to order by the Assistant President pro tempore, Senator O’Brien. Recess enator Kowall moved that the Senate recess until 3:00 p.m. S The motion prevailed, the time being 2:01 p.m. The Senate reconvened at the expiration of the recess and was called to order by the President pro tempore, Sena­ tor Schuitmaker. Recess enator Kowall moved that the Senate recess until 4:00 p.m. S The motion prevailed, the time being 3:01 p.m. The Senate reconvened at the expiration of the recess and was called to order by the President, Lieutenant Gover­ nor Calley. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 4:01 p.m. 4:15 p.m. The Senate was called to order by the President, Lieutenant Governor Calley. Senate Bill No. 962, entitled A bill to amend 1969 PA 306, entitled “Administrative procedures act of 1969,” by amending sections 5, 44, 45, and 45a (MCL 24.205, 24.244, 24.245, and 24.245a), section 5 as amended by 2006 PA 460, section 44 as amended by 2004 PA 23, section 45 as amended by 2013 PA 200, and section 45a as amended by 2011 PA 245, and by adding section 45c. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: 2122 JOURNAL OF THE SENATE [December 15, 2016] Roll Call No. 842 [No. 79 Yeas—26 Booher Hildenbrand Marleau Robertson Brandenburg Horn Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Jones O’Brien Shirkey Emmons Knollenberg Pavlov Stamas Green Kowall Proos Zorn Hansen MacGregor Nays—11 Ananich Gregory Johnson Warren Bieda Hertel Knezek Young Conyers Hopgood Rocca Excused—1 Hood Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 1041, entitled A bill to amend 1979 PA 218, entitled “Adult foster care facility licensing act,” by amending section 24 (MCL 400.724). The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 843 Yeas—37 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Colbeck Hune Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas No. 79] [December 15, 2016] JOURNAL OF THE SENATE 2123 Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was not concurred in, 2/3 of the members serving not voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 1042, entitled A bill to amend 1939 PA 280, entitled “The social welfare act,” by amending section 11c (MCL 400.11c), as added by 1982 PA 519. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1) and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 844 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood 2124 JOURNAL OF THE SENATE [December 15, 2016] [No. 79 Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was not concurred in, 2/3 of the members serving not voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 1043, entitled A bill to amend 1975 PA 238, entitled “Child protection law,” by amending section 5 (MCL 722.625), as amended by 2004 PA 563. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2) and amended the title to read as follows: A bill to amend 1975 PA 238, entitled “An act to require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending section 7 (MCL 722.627), as amended by 2016 PA 35. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 845 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood In The Chair: President Not Voting—0 No. 79] he T The The The [December 15, 2016] JOURNAL OF THE SENATE 2125 question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was not concurred in, 2/3 of the members serving not voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 1044, entitled A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 10 (MCL 722.120), as amended by 2006 PA 206. The House of Representatives has substituted (H-2) the bill. The House of Representatives has passed the bill as substituted (H-2). Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 846 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 991, entitled A bill to amend 1933 PA 167, entitled “General sales tax act,” by amending section 1 (MCL 205.51), as amended by 2016 PA 8. The House of Representatives has substituted (H-1) the bill. 2126 JOURNAL OF THE SENATE [December 15, 2016] [No. 79 The House of Representatives has passed the bill as substituted (H-1) and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, Senator Knezek offered the following amendment to the House substitute: 1. Amend page 7, following line 8, by inserting: “Enacting section 1. The legislature shall annually appropriate sufficient funds from the state general fund to the state school aid fund created in section 11 of article IX of the state constitution of 1963 to fully compensate for any loss of revenue to the state school aid fund resulting from the enactment of this amendatory act.”. The amendment to the substitute was not adopted. Senator Young requested the yeas and nays. The yeas and nays were ordered, 1/5 of the members present voting therefor. The amendment to the substitute was not adopted, a majority of the members not voting therefor, as follows: Roll Call No. 847 Yeas—15 Ananich Hertel Jones Warren Bieda Hopgood Knezek Young Conyers Horn O’Brien Zorn Gregory Johnson Rocca Nays—22 Booher Hansen Marleau Robertson Brandenburg Hildenbrand Meekhof Schmidt Casperson Hune Nofs Schuitmaker Colbeck Knollenberg Pavlov Shirkey Emmons Kowall Proos Stamas Green MacGregor Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the substitute made to the bill by the House, T The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 848 Ananich Bieda Booher Yeas—37 Hansen Hertel Hildenbrand Knollenberg Robertson Kowall Rocca MacGregor Schmidt No. 79] [December 15, 2016] JOURNAL OF THE SENATE 2127 Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was not concurred in, 2/3 of the members serving not voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 1175, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7401 (MCL 333.7401), as amended by 2012 PA 183. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate proceeded to the order of Third Reading of Bills Senator Kowall moved that the following bill be placed at the head of the Third Reading of Bills calendar: House Bill No. 5928 The motion prevailed. The following bill was read a third time: House Bill No. 5928, entitled A bill to amend 1937 PA 94, entitled “Use tax act,” by amending section 2 (MCL 205.92), as amended by 2016 PA 7. The question being on the passage of the bill, Senator Knezek offered the following amendment: 1. Amend page 8, following line 26, by inserting: “Enacting section 1. The legislature shall annually appropriate sufficient funds from the state general fund to the state school aid fund created in section 11 of article IX of the state constitution of 1963 to fully compensate for any loss of revenue to the state school aid fund resulting from the enactment of this amendatory act.”. The amendment was not adopted, a majority of the members serving not voting therefor. 2128 JOURNAL OF THE SENATE [December 15, 2016] [No. 79 Senator Robertson offered the following substitute: Substitute (S-1). The substitute was adopted, a majority of the members serving voting therefor. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: Roll Call No. 849 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: President ursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: P “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,”. The Senate agreed to the full title. By unanimous consent the Senate proceeded to the order of General Orders Senator Kowall moved that the Senate resolve itself into the Committee of the Whole for consideration of the General Orders calendar. The motion prevailed, and the President, Lieutenant Governor Calley, designated Senator Stamas as Chairperson. After some time spent therein, the Committee arose; and the President, Lieutenant Governor Calley, having resumed the Chair, the Committee reported back to the Senate, favorably and without amendment, the following bill: House Bill No. 5912, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78k (MCL 211.78k), as amended by 2006 PA 611. The bill was placed on the order of Third Reading of Bills. No. 79] [December 15, 2016] JOURNAL OF THE SENATE 2129 Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 4:41 p.m. 5:39 p.m. The Senate was called to order by the President, Lieutenant Governor Calley. By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 1176, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2016 PA 126. The House of Representatives has amended the bill as follows: 1. Amend page 3, line 1, after “OR” by striking out “CERTAIN SYNTHETIC EQUIVALENTS” and inserting “SYNTHETIC EQUIVALENTS OF MARIHUANA”. 2. Amend page 3, line 2, after “OR” by striking out “CERTAIN SYNTHETIC EQUIVALENTS” and inserting “SYNTHETIC EQUIVALENTS OF MARIHUANA”. 3. Amend page 3, line 3, after “OR” by striking out “CERTAIN SYNTHETIC EQUIVALENTS” and inserting “SYNTHETIC EQUIVALENTS OF MARIHUANA”. 4. Amend page 7, line 1, by striking out all of enacting section 2 and inserting: “Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 1175 of the 98th Legislature is enacted into law.”. The House of Representatives has passed the bill as amended and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the amendments made to the bill by the House, The amendments were concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 850 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood 2130 JOURNAL OF THE SENATE [December 15, 2016] [No. 79 Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was not concurred in, 2/3 of the members serving not voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 953, entitled A bill to amend 1972 PA 106, entitled “Highway advertising act of 1972,” by amending sections 2, 3, 4, 6, 7b, 11, 11a, 17, and 17a (MCL 252.302, 252.303, 252.304, 252.306, 252.307b, 252.311, 252.311a, 252.317, and 252.317a), sections 2, 4, 6, 11, 11a, and 17 as amended and sections 7b and 17a as added by 2014 PA 2 and section 3 as amended by 2006 PA 448. The House of Representatives has substituted (H-3) the bill. The House of Representatives has passed the bill as substituted (H-3), ordered that it be given immediate effect and amended the title to read as follows: A bill to amend 1972 PA 106, entitled “An act to provide for the licensing, regulation, control, and prohibition of outdoor advertising adjacent to certain roads and highways; to prescribe powers and duties of certain state agencies and officials; to promulgate rules; to provide remedies and prescribe penalties for violations; and to repeal acts and parts of acts,” by amending sections 2, 3, 4, 6, 7a, 7b, 17, 17a, 19, and 20 (MCL 252.302, 252.303, 252.304, 252.306, 252.307a, 252.307b, 252.317, 252.317a, 252.319, and 252.320), sections 2, 4, 6, 7a, and 17 as amended and sections 7b and 17a as added by 2014 PA 2, sections 3 and 19 as amended by 2006 PA 448, and section 20 as added by 1998 PA 464. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 851 Yeas—27 Booher Hertel Knollenberg Proos Brandenburg Hildenbrand Kowall Robertson Casperson Horn MacGregor Schmidt Colbeck Hune Marleau Shirkey Emmons Johnson Meekhof Stamas Green Jones Nofs Young Hansen Knezek Pavlov Nays—10 Ananich Gregory Rocca Warren Bieda Hopgood Schuitmaker Zorn Conyers O’Brien Excused—1 Hood No. 79] [December 15, 2016] JOURNAL OF THE SENATE 2131 Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was concurred in, 2/3 of the members serving voting therefor. Senate agreed to the title as amended. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 1093, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 41302a (MCL 324.41302a), as added by 2014 PA 537. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 1117, entitled A bill to amend 1956 PA 40, entitled “The drain code of 1956,” by amending section 464 (MCL 280.464), as amended by 1989 PA 134. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 879, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 1h and 1i (MCL 247.651h and 247.651i), section 1h as amended by 2008 PA 501 and section 1i as added by 2001 PA 259. The House of Representatives has passed the bill. 2132 JOURNAL OF THE SENATE [December 15, 2016] [No. 79 he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 958, entitled A bill to amend 1982 PA 432, entitled “Motor bus transportation act,” by amending section 23 (MCL 474.123), as amended by 1989 PA 233. The House of Representatives has amended the bill as follows: 1. Amend page 2, following line 7, by inserting: “(4) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, A PERSON THAT OPERATES A STREETCAR, TROLLEY, LIGHT RAIL VEHICLE, OR TRAM AS PART OF A PUBLIC TRANSPORTATION SYSTEM AND IS NOT OTHERWISE CONSIDERED A MOTOR CARRIER UNDER THIS ACT IS NOT A MOTOR CARRIER FOR PURPOSES OF THIS ACT AND IS EXEMPT FROM THIS ACT.”. The House of Representatives has passed the bill as amended and pursuant to Joint Rule 20, inserted the full title. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the amendment made to the bill by the House, The amendment was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 852 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: President he T The The The question being on concurring in the committee recommendation to give the bill immediate effect, recommendation was not concurred in, 2/3 of the members serving not voting therefor. Senate agreed to the full title. bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 1068, entitled A bill to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of No. 79] [December 15, 2016] JOURNAL OF THE SENATE 2133 specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 1c (MCL 247.651c), as amended by 2010 PA 28. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1). Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 853 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: President The bill was referred to the Secretary for enrollment printing and presentation to the Governor. 2134 JOURNAL OF THE SENATE [December 15, 2016] [No. 79 Senate Bill No. 289, entitled A bill to prohibit the bad-faith assertion of patent infringement; to provide remedies for the bad-faith assertion of patent infringements; to provide for the powers and duties of the attorney general; and to authorize the promulgation of rules. The House of Representatives has substituted (H-1) the bill. The House of Representatives has passed the bill as substituted (H-1). Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 854 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate returned to the order of Third Reading of Bills Senator Kowall moved that the rules be suspended and that the following bill, now on the order of Third Reading of Bills, be placed on its immediate passage at the head of the Third Reading of Bills calendar: House Bill No. 5912 The motion prevailed, a majority of the members serving voting therefor. The following bill was read a third time: House Bill No. 5912, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 78k (MCL 211.78k), as amended by 2006 PA 611. The question being on the passage of the bill, The bill was passed, a majority of the members serving voting therefor, as follows: No. 79] Roll Call No. 855 [December 15, 2016] JOURNAL OF THE SENATE 2135 Yeas—37 Ananich Hansen Knollenberg Robertson Bieda Hertel Kowall Rocca Booher Hildenbrand MacGregor Schmidt Brandenburg Hopgood Marleau Schuitmaker Casperson Horn Meekhof Shirkey Colbeck Hune Nofs Stamas Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was concurred in, 2/3 of the members serving voting therefor. Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows: “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,”. The Senate agreed to the full title. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 5:58 p.m. 6:31 p.m. The Senate was called to order by the President, Lieutenant Governor Calley. By unanimous consent the Senate proceeded to the order of Statements Senator Meekhof asked and was granted unanimous consent to make a statement and moved that the statement be printed in the Journal. The motion prevailed. 2136 JOURNAL OF THE SENATE [December 15, 2016] [No. 79 enator Meekhof’s statement is as follows: S While we’re waiting a few minutes here, I encouraged the floor leader to go to Statements. I’m hoping that you and your family are anticipating time together, but I wanted to take a moment out of today’s session and recognize my colleagues and their staff for the work throughout this year and throughout this term. We’ve had a long couple of weeks of session. It’s been frustrating at times, it’s dragged on at times, and, in my opinion, it’s one of the lamest lame ducks ever. While we work through the remainder of the day, I want take a minute to recognize a few individuals who stood out this year for me, and I can’t recognize all of you for all the things because we’ve done some really fine work. First, Senator Mike Nofs. Thank you for your leadership on the energy reform. You’ve devoted years of your life and your time in Lansing to reforming and improving energy policy in Michigan. Your hard work and willingness to bring all sides of the issue together resulted in the passage of a bipartisan package out of the Senate and very shortly, we’ll have a bipartisan package that will be in front of us. Senator Goeff Hansen has devoted countless hours to helping reform our state’s largest school district to ensure that 47,000 students in the city of Detroit have options for a better education. Senator Hansen, thank you for your willingness to work across the aisle and for your commitment to a comprehensive solution for the students and parents of DPS. Senator Proos, thank you for all your work to reform our corrections system. I know it’s a life passion of yours. I know we have not been able to move forward on all of your ideas, but I am committed to working with you to see progress in the New Year. I know you are committed to a common-sense change that improves our communities and the lives of those affected by our corrections system. Senator Hildenbrand, I want to thank you for continuing to be working on that tradition of passing balanced budgets ahead of schedule. You are diligent, conscientious, and a thoughtful steward of taxpayer resources. Thank you for leading us through the appropriations process and for protecting the interests of Michigan taxpayers. I also want to recognize Senator Jim Stamas for chairing the Joint Committee on the Flint Water Public Health Emergency, something which we didn’t anticipate. You were willing to take on the daunting task of reviewing the circumstances of the emergency in Flint and have worked to promote solutions for the community and families who are still affected by the water crisis. The Senate joined together in a bipartisan manner to send resources to the residents of Flint and to pass policy that should help the community into the future. Of course, I can’t mention Flint without recognizing the tireless efforts of my friend, Senator Jim Ananich. On behalf of his hometown and his neighbors, one of the bright spots of my time so far as Majority Leader has been working with a Minority Leader who is willing to listen and reach consensus. As Minority Leader, it would be easy to tell me “no” all the time, but Senator Ananich is not satisfied to simply be the opposition. He wants to find solutions, and I respect his willing­ness to work together. I wish I had time and all the words to recognize each one of you, but we might be here until next year and I know nobody wants that. All of you work tirelessly on behalf of your constituents and while we don’t always agree on all the issues, we maintain respect and decorum in this chamber. You are, each one of you, my friend and colleague, and I respect your commitment to your office and your constituents and the people of the state. I am proud of how often we come together as a chamber in support of our colleagues and staff in times of need. In particular, I want to thank everyone for their support of my staff member Craig Ryan. As you know, cancer tried to attack Craig Ryan and he kicked cancer’s butt. I know I didn’t get to tell each one of you how immensely proud I was that we rallied around him and his family in their time of need. It’s a testament to Craig and the person that he is, and it’s also a testament to the friendship and caring we have for one another and the people with whom we work. I don’t want to leave without mentioning our friend and my friend, Senator Morris Hood. Senator Hood is recuperating at home and doing quite well. If you’re watching, Mo, how are you doing? Everybody wave to Mo. Our thoughts and prayers are with you, Senator Hood, and your family over this holiday season. We hope to see you back here very soon. We have tackled many issues over this past year and in this term and we still have more to consider. With a list of issues that we’ll continue to work on, including auto no-fault, legacy costs, corrections reform, and more, it’s been a productive year and I have the same expectations for 2017. I want to thank Jeff Cobb and the session staff for all their diligent work working through the computer system fits and starts, and the sergeants who are our friends and also our protectors. We thank you for the work that you’re doing. Thank you all for you willingness to serve the citizens of Michigan. Thank you for your willingness to work together. I want to wish you all a very Merry Christmas, a Happy New Year, and a wonderful holiday season. Please enjoy the time with your families and come back refreshed and ready to continue our hard work on behalf of our constituents. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 6:38 p.m. 6:44 p.m. The Senate was called to order by the President, Lieutenant Governor Calley. No. 79] [December 15, 2016] JOURNAL OF THE SENATE 2137 By unanimous consent the Senate returned to the order of Messages from the House Senate Bill No. 437, entitled A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending the title and sections 6a, 6j, 6k, 6l, 6m, 6s, 10, 10a, 10c, 10f, 10p, 10r, 10t, 10dd, and 11 (MCL 460.6a, 460.6j, 460.6k, 460.6l, 460.6m, 460.6s, 460.10, 460.10a, 460.10c, 460.10f, 460.10p, 460.10r, 460.10t, 460.10dd, and 460.11), the title as amended by 2005 PA 190, sections 6a, 10, 10a, 10p, and 10r as amended and sections 6s and 10dd as added by 2008 PA 286, section 6j as amended by 1987 PA 81, section 6k as added by 1982 PA 304, section 6l as amended and sections 10c, 10f, and 10t as added by 2000 PA 141, section 6m as amended by 2014 PA 170, and section 11 as amended by 2014 PA 169, and by adding sections 6t, 6u, 6v, 6w, 6x, 6y, 10ee, and 10ff; and to repeal acts and parts of acts. The House of Representatives has substituted (H-4) the bill. The House of Representatives has passed the bill as substituted (H-4) and amended the title to read as follows: A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending the title and sections 6a, 6j, 6k, 6l, 6m, 6s, 10, 10a, 10c, 10f, 10p, 10r, 10t, 10dd, and 11 (MCL 460.6a, 460.6j, 460.6k, 460.6l, 460.6m, 460.6s, 460.10, 460.10a, 460.10c, 460.10f, 460.10p, 460.10r, 460.10t, 460.10dd, and 460.11), the title as amended by 2005 PA 190, sections 6a, 10, 10a, 10p, and 10r as amended and sections 6s and 10dd as added by 2008 PA 286, section 6j as amended by 1987 PA 81, section 6k as added by 1982 PA 304, section 6l as amended and sections 10c, 10f, and 10t as added by 2000 PA 141, section 6m as amended by 2014 PA 170, and section 11 as amended by 2014 PA 169, and by adding sections 6t, 6u, 6v, 6w, 6x, 6z, 10ee, and 10ff; and to repeal acts and parts of acts. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 856 Yeas—33 Ananich Hildenbrand Kowall Rocca Bieda Hopgood MacGregor Schmidt Booher Horn Marleau Schuitmaker Brandenburg Hune Meekhof Shirkey Conyers Johnson Nofs Stamas Green Jones O’Brien Warren 2138 JOURNAL OF THE SENATE [December 15, 2016] [No. 79 Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—4 Casperson Colbeck Emmons Pavlov Excused—1 Hood Not Voting—0 In The Chair: President he Senate agreed to the title as amended. T The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 438, entitled A bill to amend 2008 PA 295, entitled “Clean, renewable, and efficient energy act,” by amending the title, the headings of subparts B and C of part 2 and the heading of part 5, and sections 1, 3, 5, 7, 9, 11, 13, 29, 39, 41, 45, 47, 49, 71, 73, 75, 77, 81, 83, 85, 87, 89, 91, 93, 95, 97, 113, 173, 175, 177, and 179 (MCL 460.1001, 460.1003, 460.1005, 460.1007, 460.1009, 460.1011, 460.1013, 460.1029, 460.1039, 460.1041, 460.1045, 460.1047, 460.1049, 460.1071, 460.1073, 460.1075, 460.1077, 460.1081, 460.1083, 460.1085, 460.1087, 460.1089, 460.1091, 460.1093, 460.1095, 460.1097, 460.1113, 460.1173, 460.1175, 460.1177, and 460.1179), section 29 as amended by 2008 PA 295, section 93 as amended by 2010 PA 269, and by adding subpart B to part 2, sections 22, 28, 78, 99, 183, and 185, and part 7; and to repeal acts and parts of acts. The House of Representatives has substituted (H-7) the bill. The House of Representatives has passed the bill as substituted (H-7) and amended the title to read as follows: A bill to amend 2008 PA 295, entitled “An act to require certain providers of electric service to establish renewable energy programs; to require certain providers of electric or natural gas service to establish energy optimization programs; to authorize the use of certain energy systems to meet the requirements of those programs; to provide for the approval of energy optimization service companies; to provide for certain charges on electric and natural gas bills; to promote energy conservation by state agencies and the public; to create a wind energy resource zone board and provide for its power and duties; to authorize the creation and implementation of wind energy resource zones; to provide for expedited transmission line siting certificates; to provide for a net metering program and the responsibilities of certain providers of electric service and customers with respect to net metering; to provide for fees; to prescribe the powers and duties of certain state agencies and officials; to require the promulgation of rules and the issuance of orders; and to provide for civil sanctions, remedies, and penalties,” by amending the title, the headings of subparts B and C of part 2 and the heading of part 5, and sections 1, 3, 5, 7, 9, 11, 13, 29, 39, 41, 45, 47, 49, 54, 71, 73, 75, 77, 81, 83, 85, 87, 89, 91, 93, 95, 97, 113, 173, 175, 177, and 179 (MCL 460.1001, 460.1003, 460.1005, 460.1007, 460.1009, 460.1011, 460.1013, 460.1029, 460.1039, 460.1041, 460.1045, 460.1047, 460.1049, 460.1054, 460.1071, 460.1073, 460.1075, 460.1077, 460.1081, 460.1083, 460.1085, 460.1087, 460.1089, 460.1091, 460.1093, 460.1095, 460.1097, 460.1113, 460.1173, 460.1175, 460.1177, and 460.1179), section 93 as amended by 2010 PA 269, and by adding subpart B to part 2, sections 22, 28, 74, 78, 99, 183, and 185, and part 7; and to repeal acts and parts of acts. Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: No. 79] Roll Call No. 857 [December 15, 2016] JOURNAL OF THE SENATE 2139 Yeas—33 Ananich Hildenbrand Kowall Rocca Bieda Hopgood MacGregor Schmidt Booher Horn Marleau Schuitmaker Brandenburg Hune Meekhof Shirkey Conyers Johnson Nofs Stamas Green Jones O’Brien Warren Gregory Knezek Proos Young Hansen Knollenberg Robertson Zorn Hertel Nays—4 Casperson Colbeck Emmons Pavlov Excused—1 Hood Not Voting—0 In The Chair: President he Senate agreed to the title as amended. T The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 746, entitled A bill to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 15 (MCL 722.125), as amended by 1993 PA 218. The House of Representatives has substituted (H-3) the bill. The House of Representatives has passed the bill as substituted (H-3). Pending the order that, under rule 3.202, the bill be laid over one day, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The question being on concurring in the substitute made to the bill by the House, The substitute was concurred in, a majority of the members serving voting therefor, as follows: Roll Call No. 858 Yeas—37 Ananich Hansen Bieda Hertel Booher Hildenbrand Brandenburg Hopgood Casperson Horn Colbeck Hune Knollenberg Robertson Kowall Rocca MacGregor Schmidt Marleau Schuitmaker Meekhof Shirkey Nofs Stamas 2140 JOURNAL OF THE SENATE [December 15, 2016] [No. 79 Conyers Johnson O’Brien Warren Emmons Jones Pavlov Young Green Knezek Proos Zorn Gregory Nays—0 Excused—1 Hood Not Voting—0 In The Chair: President he question being on concurring in the committee recommendation to give the bill immediate effect, T The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. Senate Bill No. 747, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 136b (MCL 750.136b), as amended by 2012 PA 194. The House of Representatives has passed the bill and pursuant to Joint Rule 20, inserted the full title. The question being on concurring in the committee recommendation to give the bill immediate effect, The recommendation was not concurred in, 2/3 of the members serving not voting therefor. The Senate agreed to the full title. The bill was referred to the Secretary for enrollment printing and presentation to the Governor. By unanimous consent the Senate returned to the order of Motions and Communications Senator Kowall moved that, pursuant to rule 1.114, upon receipt of Senate bills returned from the House of Representa­ tives, the Secretary of the Senate be directed to proceed with the enrollment printing and presentation of the bills to the Governor. The motion prevailed. By unanimous consent the Senate proceeded to the order of Resolutions enator Kowall moved that consideration of the following resolutions be postponed for today: S House Concurrent Resolution No. 3 Senate Resolution No. 76 Senate Resolution No. 75 The motion prevailed. enator Young offered the following resolution: S Senate Resolution No. 224. A resolution to urge the United States Congress to enact legislation that would establish a commission to study reparation proposals for African-Americans. No. 79] [December 15, 2016] JOURNAL OF THE SENATE 2141 Whereas, Slavery has inflicted generational wounds on the descendants of enslaved Africans in the United States. The inhu­man­ity and brutality of this institution have impeded the economic, political, and social advancement of AfricanAmericans and should not be ignored any further; and Whereas, The Commission to Study Reparation Proposals for African-Americans Act would establish a commission to examine the institution of slavery and the long-term effects upon the lives of African-Americans. Additionally, the com­mis­ sion would recommend appropriate remedies and submit them to Congress; and Whereas, Since 1989, the Commission to Study Reparation Proposals for African-Americans Act has been introduced as H.R. 40 to symbolize the forty acres and a mule that the United States government promised freed slaves. It represents the unrelenting resolve of its sponsors to remind our government of its unfulfilled promises and to urge Congress to remedy these injustices; now, therefore, be it Resolved by the Senate, That we urge the United States Congress to enact legislation that would establish a commission to study reparation proposals for African-Americans; and be it further Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation. Pursuant to rule 3.204, the resolution was referred to the Committee on Government Operations. enator Kowall offered the following concurrent resolution: S Senate Concurrent Resolution No. 33. A concurrent resolution providing for the final adjournment of the Legislature. Resolved by the Senate (the House of Representatives concurring), That when the Legislature adjourns on Thursday, December 15, 2016, it stands adjourned until Wednesday, December 28, 2016, at 11:30 a.m.; and be it further Resolved, That when the Legislature adjourns on Wednesday, December 28, 2016, it stands adjourned without day. Pending the order that, under rule 3.204, the concurrent resolution be referred to the Committee on Government Operations, Senator Kowall moved that the rule be suspended. The motion prevailed, a majority of the members serving voting therefor. The concurrent resolution was adopted. enator Kowall moved that the Senate adjourn. S The motion prevailed, the time being 6:56 p.m. Pursuant to Senate Concurrent Resolution No. 33, the President, Lieutenant Governor Calley, declared the Senate adjourned until Wednesday, December 28, 2016, at 11:30 a.m. JEFFREY F. COBB Secretary of the Senate 2142 No. 80 STATE OF MICHIGAN Journal of the Senate 98th Legislature REGULAR SESSION OF 2016 Senate Chamber, Lansing, Wednesday, December 28, 2016. 11:30 a.m. The Senate was called to order by the President, Lieutenant Governor Brian N. Calley. Motions and Communications The following communication was received and read: Office of the Auditor General December 15, 2016 nclosed is a copy of the following report: E • Performance audit of Disaster Recovery and Business Continuity of Information Technology Systems, Department of Technology, Management, and Budget. Sincerely, Doug Ringler Auditor General The audit report was referred to the Committee on Government Operations. The following communications were received: Department of State Administrative Rules Notices of Filing December 13, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2013-097-LR (Secretary of State Filing #16-12-03) on this date at 3:50 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Liquor Control Commission - General Rules.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. December 13, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-025-LR (Secretary of State Filing #16-12-05) on this date at 3:50 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Part 9A. Mechanical Code.” These rules take effect 120 days after filing with Secretary of State. 2144 JOURNAL OF THE SENATE [December 28, 2016] [No. 80 December 20, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-036-LR (Secretary of State Filing #16-12-04) on this date at 3:50 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Rehabilitation Code.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. December 20, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-010-AC (Secretary of State Filing #16-12-06) on this date at 3:54 p.m. for the Department of Agriculture and Rural Development entitled, “Regulation No. 813. Testing Horses and Pulling Teams for Drugs.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a of the 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. December 20, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2016-005-HS (Secretary of State Filing #16-12-07) on this date at 3:54 p.m. for the Department of Health and Human Services entitled, “Certificate of Need.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. December 20, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-053-AC (Secretary of State Filing #16-12-08) on this date at 3:54 p.m. for the Department of Agriculture and Rural Development entitled, “Regulation No. 633. Restricted Use Pesticides.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. December 20, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2015-079-EQ (Secretary of State Filing #16-12-09) on this date at 3:54 p.m. for the Department of Environmental Quality entitled, “Air Pollution Control, Part 9. Emission Limitations and Prohibitions - Miscellaneous.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. December 20, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-153-EQ (Secretary of State Filing #16-12-10) on this date at 3:54 p.m. for the Department of Environmental Quality entitled, “Air Pollution Control, Part 1. General Provisions.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. December 20, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-154-EQ (Secretary of State Filing #16-12-11) on this date at 3:54 p.m. for the Department of Environmental Quality entitled, “Air Pollution Control, Part 2. Air Use Approval.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. No. 80] [December 28, 2016] JOURNAL OF THE SENATE 2145 December 20, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2011-004-LR (Secretary of State Filing #16-12-12) on this date at 3:55 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Fire Fighters Training Council.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. December 20, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-001-LR (Secretary of State Filing #16-12-13) on this date at 3:55 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Osteopathic Medicine and Surgery - General Rules.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. December 20, 2016 I n accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6, this is to advise you that the Michigan Department of Licensing and Regulatory Affairs and the State Office of Regulatory Reinvention filed Administrative Rule #2014-002-LR (Secretary of State Filing #16-12-14) on this date at 3:55 p.m. for the Department of Licensing and Regulatory Affairs entitled, “Board of Osteopathic Medicine and Surgery Continuing Education.” These rules become effective immediately upon filing with the Secretary of State unless adopted under section 33, 44 or 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State. Sincerely, Ruth Johnson Secretary of State Robin L. Houston, Departmental Supervisor Office of the Great Seal The communications were referred to the Secretary for record. The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, December 20, for his approval the following bills: Enrolled Senate Bill No. 717 at 3:12 p.m. Enrolled Senate Bill No. 392 at 3:14 p.m. Enrolled Senate Bill No. 437 at 3:16 p.m. Enrolled Senate Bill No. 438 at 3:18 p.m. The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, December 21, for his approval the following bills: Enrolled Senate Bill No. 1087 at 3:18 p.m. Enrolled Senate Bill No. 1109 at 3:20 p.m. Enrolled Senate Bill No. 929 at 3:22 p.m. Enrolled Senate Bill No. 954 at 3:24 p.m. Enrolled Senate Bill No. 1025 at 3:26 p.m. Enrolled Senate Bill No. 964 at 3:28 p.m. Enrolled Senate Bill No. 965 at 3:30 p.m. Enrolled Senate Bill No. 966 at 3:32 p.m. Enrolled Senate Bill No. 967 at 3:34 p.m. Enrolled Senate Bill No. 968 at 3:36 p.m. Enrolled Senate Bill No. 969 at 3:38 p.m. Enrolled Senate Bill No. 970 at 3:40 p.m. Enrolled Senate Bill No. 971 at 3:42 p.m. Enrolled Senate Bill No. 972 at 3:44 p.m. Enrolled Senate Bill No. 992 at 3:46 p.m. Enrolled Senate Bill No. 1079 at 3:48 p.m. Enrolled Senate Bill No. 1187 at 3:50 p.m. 2146 JOURNAL OF THE SENATE [December 28, 2016] [No. 80 The Secretary announced the enrollment printing and presentation to the Governor on Tuesday, December 27, for his approval the following bills: Enrolled Senate Bill No. 558 at 1:24 p.m. Enrolled Senate Bill No. 560 at 1:26 p.m. Enrolled Senate Bill No. 697 at 1:28 p.m. Enrolled Senate Bill No. 1021 at 1:30 p.m. Enrolled Senate Bill No. 1045 at 1:32 p.m. Enrolled Senate Bill No. 1090 at 1:34 p.m. Enrolled Senate Bill No. 1091 at 1:36 p.m. Enrolled Senate Bill No. 884 at 1:38 p.m. Enrolled Senate Bill No. 1073 at 1:40 p.m. Enrolled Senate Bill No. 1074 at 1:42 p.m. Enrolled Senate Bill No. 1075 at 1:44 p.m. Enrolled Senate Bill No. 106 at 1:46 p.m. Enrolled Senate Bill No. 1009 at 1:48 p.m. Enrolled Senate Bill No. 595 at 1:50 p.m. Enrolled Senate Bill No. 702 at 1:52 p.m. Enrolled Senate Bill No. 706 at 1:54 p.m. Enrolled Senate Bill No. 707 at 1:56 p.m. Enrolled Senate Bill No. 708 at 1:58 p.m. Enrolled Senate Bill No. 1089 at 2:00 p.m. Enrolled Senate Bill No. 1172 at 2:02 p.m. Enrolled Senate Bill No. 1104 at 2:04 p.m. Enrolled Senate Bill No. 1108 at 2:06 p.m. Enrolled Senate Bill No. 950 at 2:08 p.m. Enrolled Senate Bill No. 541 at 2:10 p.m. Enrolled Senate Bill No. 1052 at 2:12 p.m. Enrolled Senate Bill No. 1053 at 2:14 p.m. Enrolled Senate Bill No. 1179 at 2:16 p.m. Enrolled Senate Bill No. 806 at 2:18 p.m. Enrolled Senate Bill No. 913 at 2:20 p.m. Enrolled Senate Bill No. 25 at 2:22 p.m. Enrolled Senate Bill No. 621 at 2:24 p.m. Enrolled Senate Bill No. 622 at 2:26 p.m. Enrolled Senate Bill No. 624 at 2:28 p.m. Enrolled Senate Bill No. 521 at 2:30 p.m. The Secretary announced the enrollment printing and presentation to the Governor on Wednesday, December 28, for his approval the following bills: Enrolled Senate Bill No. 647 at 9:11 a.m. Enrolled Senate Bill No. 564 at 9:13 a.m. Enrolled Senate Bill No. 565 at 9:15 a.m. Enrolled Senate Bill No. 805 at 9:17 a.m. Enrolled Senate Bill No. 853 at 9:19 a.m. Messages from the Governor The following messages from the Governor were received: Date: December 14, 2016 Time: 10:52 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 800 (Public Act No. 340), being A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal years ending September 30, 2016 and September 30, 2017; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts. (Filed with the Secretary of State on December 14, 2016, at 3:28 p.m.) No. 80] [December 28, 2016] JOURNAL OF THE SENATE 2147 Date: December 21, 2016 Time: 10:36 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 438 (Public Act No. 342), being A bill to amend 2008 PA 295, entitled “An act to require certain providers of electric service to establish renewable energy programs; to require certain providers of electric or natural gas service to establish energy optimization programs; to authorize the use of certain energy systems to meet the requirements of those programs; to provide for the approval of energy optimization service companies; to provide for certain charges on electric and natural gas bills; to promote energy conservation by state agencies and the public; to create a wind energy resource zone board and provide for its power and duties; to authorize the creation and implementation of wind energy resource zones; to provide for expedited trans­mission line siting certificates; to provide for a net metering program and the responsibilities of certain providers of electric service and customers with respect to net metering; to provide for fees; to prescribe the powers and duties of certain state agencies and officials; to require the promulgation of rules and the issuance of orders; and to provide for civil sanctions, remedies, and penalties,” by amending the title, the headings of subparts B and C of part 2 and the heading of part 5, and sections 1, 3, 5, 7, 9, 11, 13, 29, 39, 41, 45, 47, 49, 71, 73, 75, 77, 81, 83, 85, 87, 89, 91, 93, 95, 97, 113, 173, 175, 177, and 179 (MCL 460.1001, 460.1003, 460.1005, 460.1007, 460.1009, 460.1011, 460.1013, 460.1029, 460.1039, 460.1041, 460.1045, 460.1047, 460.1049, 460.1071, 460.1073, 460.1075, 460.1077, 460.1081, 460.1083, 460.1085, 460.1087, 460.1089, 460.1091, 460.1093, 460.1095, 460.1097, 460.1113, 460.1173, 460.1175, 460.1177, and 460.1179), section 93 as amended by 2010 PA 269, and by adding subpart B to part 2, sections 22, 28, 54, 74, 78, 99, 183, and 185, and part 7; and to repeal acts and parts of acts. (Filed with the Secretary of State on December 21, 2016, at 11:40 a.m.) Date: December 21, 2016 Time: 10:44 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 392 (Public Act No. 349), being An act to amend 1982 PA 432, entitled “An act to regulate persons who transport passengers by motor bus; to prescribe powers and duties for the state transportation department; to impose certain fees; and to impose penalties,” by amending the title and sections 3, 4, 5, 7, 9, 15, 16, 17, 27, 29, 32, 33, 34, 35, and 39 (MCL 474.103, 474.104, 474.105, 474.107, 474.109, 474.115, 474.116, 474.117, 474.127, 474.129, 474.132, 474.133, 474.134, 474.135, and 474.139), sections 3, 4, 5, 7, 17, 27, 29, 33, 34, 35, and 39 as amended and section 32 as added by 1989 PA 233, section 9 as amended by 2012 PA 570, and section 16 as amended by 1996 PA 421, and by adding section 10; and to repeal acts and parts of acts. (Filed with the Secretary of State on December 21, 2016, at 1:18 p.m.) Date: December 21, 2016 Time: 10:56 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 753 (Public Act No. 359), being An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health main­ tenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” (MCL 333.1101 to 333.25211) by adding sections 16283, 16284, 16285, 16286, 16287, and 16288. (Filed with the Secretary of State on December 21, 2016, at 1:38 p.m.) 2148 JOURNAL OF THE SENATE [December 28, 2016] [No. 80 Date: December 21, 2016 Time: 11:04 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 437 (Public Act No. 341), being A bill to amend 1939 PA 3, entitled “An act to provide for the regulation and control of public and certain private utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts,” by amending the title and sections 6a, 6j, 6k, 6l, 6m, 6s, 10, 10a, 10c, 10f, 10p, 10r, 10t, 10dd, and 11 (MCL 460.6a, 460.6j, 460.6k, 460.6l, 460.6m, 460.6s, 460.10, 460.10a, 460.10c, 460.10f, 460.10p, 460.10r, 460.10t, 460.10dd, and 460.11), the title as amended by 2005 PA 190, sections 6a, 10, 10a, 10p, and 10r as amended and sections 6s and 10dd as added by 2008 PA 286, section 6j as amended by 1987 PA 81, section 6k as added by 1982 PA 304, section 6l as amended and sections 10c, 10f, and 10t as added by 2000 PA 141, section 6m as amended by 2014 PA 170, and section 11 as amended by 2014 PA 169, and by adding sections 6t, 6u, 6v, 6w, 6x, 6z, 10ee, and 10ff; and to repeal acts and parts of acts. (Filed with the Secretary of State on December 21, 2016, at 11:38 a.m.) Date: December 21, 2016 Time: 11:42 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 332 (Public Act No. 357), being An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 703 (MCL 436.1703), as amended by 2012 PA 125. (Filed with the Secretary of State on December 21, 2016, at 1:34 p.m.) Date: December 21, 2016 Time: 11:44 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 333 (Public Act No. 358), being A bill to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of No. 80] [December 28, 2016] JOURNAL OF THE SENATE 2149 installers and servicers of certain devices; to provide for the levy of certain assess­ments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 319 (MCL 257.319), as amended by 2016 PA 32. (Filed with the Secretary of State on December 21, 2016, at 1:36 p.m.) Date: December 21, 2016 Time: 11:46 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 291 (Public Act No. 343), being An act to provide compensation and other relief for individuals wrongfully imprisoned for crimes; to prescribe the powers and duties of certain state and local governmental officers and agencies; and to provide remedies. (Filed with the Secretary of State on December 21, 2016, at 1:06 p.m.) Date: December 21, 2016 Time: 7:30 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 33 (Public Act No. 367), being An act to amend 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appro­priations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” (MCL 380.1 to 380.1852) by adding section 1136. (Filed with the Secretary of State on December 22, 2016, at 11:08 a.m.) Date: December 21, 2016 Time: 7:42 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 717 (Public Act No. 381), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 21303, 21304c, 21310a, 21323a, and 21325 (MCL 324.21303, 324.21304c, 324.21310a, 324.21323a, and 324.21325), sections 21303, 21304c, 21310a, and 21323a as amended by 2012 PA 446 and section 21325 as added by 2012 PA 108, and by adding section 21325a. (Filed with the Secretary of State on December 22, 2016, at 3:48 p.m.) Date: December 21, 2016 Time: 8:10 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1187 (Public Act No. 382), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies 2150 JOURNAL OF THE SENATE [December 28, 2016] [No. 80 and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sections 40103, 40110, 40113a, and 48703a (MCL 324.40103, 324.40110, 324.40113a, and 324.48703a), sections 40103, 40110, and 40113a as amended by 2014 PA 281 and section 48703a as amended by 2015 PA 12. (Filed with the Secretary of State on December 22, 2016, at 3:50 p.m.) To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 510 (Public Act No. 368), being An act to prohibit the disclosure or use of certain information. (Filed with the Secretary of State on December 22, 2016, at 11:10 a.m.) Date: December 22, 2016 Time: 8:50 a.m. Respectfully, Rick Snyder Governor The following message from the Governor was received on December 22, 2016, and read: EXECUTIVE ORDER No. 2016 – 24 Enterprise Information Management Department of Technology, Management and Budget Rescission of Executive Order No. 2009-18 WHEREAS, Section 1 of Article V of the Michigan Constitution of 1963 vests the executive power of the state of Michigan in the Governor; and WHEREAS, Section 2 of Article V of the Michigan Constitution of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units that he considers necessary for efficient administration; and WHEREAS, Section 8 of Article V of the Michigan Constitution of 1963 provides that each principal department shall be under the supervision of the Governor unless otherwise provided by the Constitution and makes the Governor responsible for the faithful execution of the laws; and WHEREAS, fostering a culture of secure and efficient management of data and enterprise information is essential to providing Michigan residents with the highest quality government service; and WHEREAS, state and federal laws require state departments and agencies to collect, display, retain, and dispose of records that contain personal identifying information of the residents of this state; and WHEREAS, the collection, display, retention, and disposal of records containing personal identifying information of the residents of this state may expose this state and its residents to security risks, including, but not limited to, identity theft; and WHEREAS, state and federal laws impose restrictions and obligations on government agencies with respect to the collection, display, retention, and disposal of records containing personal identifying information, including, but not limited to, obligations to notify residents of this state of certain incidents of unauthorized access to such information; and WHEREAS, this administration is firmly committed to ensuring not only that state government is accountable for the personal identifying information of the residents of this state for which it is responsible, but that the residents of this state understand the manner in which their personal identifying information is collected, displayed, retained, and disposed of by state government and understand their rights when that information is used or accessed without authorization; and WHEREAS, data and information are valuable assets, the efficient management and sharing of which, by and between state departments and agencies, can greatly improve service delivery to state residents and transparency in a number of important areas, including, but not limited to, public safety, education, healthcare, and economic growth; and WHEREAS, on November 1, 2013, I issued Executive Directive 2013-1, directing the Director of the Department of Technology, Management and Budget (DTMB) to establish and implement an Enterprise Information Management (EIM) program requiring participation and engagement by all state departments and agencies to establish protocols for data and information sharing, management, and governance; and WHEREAS, pursuant to Executive Directive 2013-1, the DTMB has built an EIM framework, defined EIM organizational processes, identified and trained Chief Data Stewards in all state departments, assessed departmental data management maturity, identified enterprise solutions, created enterprise and department specific action plans, conducted several proofs of concept, and completed the first statewide data inventory; and No. 80] [December 28, 2016] JOURNAL OF THE SENATE 2151 WHEREAS, Executive Order 2009-18 established a process to ensure the protection of state residents’ private information, the privacy functions of which have been incorporated within the existing EIM framework and will be carried forward by this Order; NOW, THEREFORE, I, Richard D. Snyder, Governor of the state of Michigan, by virtue of the power and authority vested in the Governor by the Michigan Constitution of 1963 and Michigan law, order the following: I.  IMPLEMENTATION OF ENTERPRISE INFORMATION MANAGEMENT PROGRAM A. Under the guidance of the Enterprise Information Management Steering Committee (EIM Steering Committee), created in Section II of this Order, the Department of Technology, Management and Budget (DTMB) shall have primary responsibility for implementing the EIM program within the executive branch of state government. B. The projects and goals of the EIM program shall include, but not be limited to, the following: 1. Establishing a single internet sign-on for citizens and businesses to access all state account information. 2. Maximizing and improving the quality of data and metrics made available to the public through the Open Michigan website or other similar forums. 3. Using data to improve the quality of service delivery in priority areas including, but not limited to, public safety, education, public health, and economic growth. 4. Establishing a centralized information sharing and analytics service center to promote and support enterprise tech­ nology programs such as those already undertaken pursuant to Executive Directive 2013-1, including, but not limited to, the Identity Master program, the Location Master program, the Business Glossary, and the Data Sharing Agreement Repository. 5. Promoting efficient cross-agency data sharing, within a “share first” environment, while taking all necessary and appropriate steps to ensure personal privacy and safeguard personal information. C. The Director of the DTMB shall designate a Chief Data Officer. The Chief Data Officer shall carry out the powers, duties, functions, and responsibilities of implementing the EIM program and any other powers, duties, functions, and responsibilities that may be assigned by the Director of the DTMB. D. The Chief Data Officer shall additionally carry out the powers, duties, functions, and responsibilities formerly held by the Chief Privacy Officer as described in Section II, Paragraphs 1-6, of Executive Order 2009-18, which as carried forward under this Order shall include: 1. Serving as the Chairperson of the EIM Steering Committee. 2. Serving as liaison to the Chief Data Stewards and Information Privacy Protection Officers on compliance issues with state and federal privacy laws. 3. Providing information, guidance, and technical assistance to state departments and agencies related to compliance with state and federal privacy laws. 4. Identifying resources and best practices for compliance with state and federal privacy laws. 5. Facilitating the education and training of state employees and officers on issues relating to compliance with state and federal privacy laws. 6. Providing information to residents of this state related to compliance by state departments and agencies with state and federal privacy laws. E. The Director of the DTMB shall be responsible for advising the Governor on issues relating to compliance by state departments and agencies with state and federal privacy laws. II.  CREATION OF THE ENTERPRISE INFORMATION MANAGEMENT STEERING COMMITTEE A. The Enterprise Information Management Steering Committee (EIM Steering Committee) is created as an advisory body and steering committee within the DTMB. B. The EIM Steering Committee shall initially consist of the following twelve members: • The Chief Data Officer, who shall serve as the Chairperson of the EIM Steering Committee, • A representative of the Department of Education designated by the Superintendent of Public Instruction, • A representative of the Department of Health and Human Services designated by the Director of the Department of Health and Human Services, • A representative of the Department of Insurance and Financial Services designated by the Director of the Department of Insurance and Financial Services, • A representative of the Department of Licensing and Regulatory Affairs designated by the Director of the Department of Licensing and Regulatory Affairs, • A representative of the Department of Natural Resources designated by the Director of the Department of Natural Resources, • A representative of the Department of State designated by the Secretary of State, • A representative of the Department of State Police designated by the Director of the Department of State Police, • A representative of the Department of Transportation designated by the Director of the Department of Transportation, • A representative of the Treasury designated by the State Treasurer, • A representative of the Center for Educational Performance and Information designated by the Director of the Center for Educational Performance and Information, and • A representative of the Talent Investment Agency designated by the Director of the Talent Investment Agency. 2152 JOURNAL OF THE SENATE [December 28, 2016] [No. 80 C. Membership on the EIM Steering Committee may be rotated between various state departments and agencies. After a period of two years following the effective date of this Order, or as necessary and appropriate thereafter, and in furtherance of the purpose of this Order and the mission of the EIM Program, the Chief Data Officer may elect to modify the composition of the EIM Steering Committee to include representatives of other departments and agencies not included as initial members under this Order. D. The EIM Steering Committee shall meet as called by the Chairperson. E. The EIM Steering Committee shall be staffed and assisted, as necessary, by personnel within the EIM Program, as directed by the Chief Data Officer, subject to available funding. F. A majority of the members of the EIM Steering Committee constitutes a quorum for the transaction of business. The EIM Steering Committee shall act by majority vote of its members present. G. As necessary and appropriate, the EIM Steering Committee may consult with representatives of departments and agencies not represented on the EIM Steering Committee. H. Members of the EIM Steering Committee shall serve without compensation. Subject to the approval of the Director of the DTMB and available funding, members of the EIM Steering Commission may receive reimbursement for necessary travel and expenses according to relevant statutes and the rules and procedures of the Michigan Civil Service Commission and the Department of Technology, Management and Budget. I. Subject to the approval of the Director of the DTMB and available funding, the EIM Steering Committee may direct the EIM Program to hire or retain contractors, sub-contractors, advisors, and consultants, as advisable and necessary, in accordance with the relevant statutes, rules, and procedures of the Civil Service Commission and the DTMB. J. The EIM Steering Committee shall make recommendations to ensure that the DTMB has adequate funding and staffing devoted to accomplishing the responsibilities set forth in this Order. K. The EIM Steering Committee shall provide strategic oversight for the EIM Program and shall provide guidance to the DTMB in undertaking its implementation mission under this Order. L. In addition to overseeing the EIM Program, the EIM Steering Committee shall carry out the advisory functions formerly undertaken by the Information Privacy Protection Council, as described in Section V of Executive Order 2009-18, which as carried forward under this order shall include: 1. Reviewing and recommending policies and procedures to be implemented by state departments and agencies to assure compliance with state and federal privacy laws and the promotion of effective information security and privacy protection; and 2. Recommending strategies to enhance awareness, education, and understanding of information security best practices and online measures intended to protect the personal identifiable information of residents of this state; and 3. Identifying information security and privacy protection risks within state government and recommending risk mitigation strategies, methods, and procedures to be adopted by state departments and agencies to lessen these risks; and 4. Monitoring compliance by state departments and agencies with state information security and privacy protection policies and procedures; and 5. Recommending training programs for state employees designed to educate, promote, and advance knowledge of information security and privacy protection procedures. III.  INFORMATION MANAGEMENT GOVERNANCE BOARDS A. Each principal department director shall create and establish a Departmental Information Management Governance Board (DIMGB) to provide an operational support structure for and to coordinate with the EIM Steering Committee. B. The DIMGB within each principal department shall be chaired by the department director or chief deputy director, include the Chief Data Steward and Privacy Protection Officer identified as provided in Section IV of this Order, and shall have membership representation from all bureau or division administrators that have responsibility over business data or information management systems. C. The DIMGB within each principal department shall advise, adopt, and support all activities related to achieving the goals of secure and efficient enterprise information management within each department and agency. IV.  CHIEF DATA STEWARDS AND PRIVACY PROTECTION OFFICERS A. Each principal department shall designate a Chief Data Steward responsible for implementing secure and efficient enterprise information management within each department and agency who shall provide administrative support to the DIMGB within each principal department. B. Each principal department shall designate an Information Privacy Protection Officer as the primary coordinator of departmental compliance with state and federal privacy laws, and as an advisor to the DIMGB on best practices for enterprise-wide privacy and security matters. The Chief Data Steward may be the Privacy Protection Officer. C. The Chief Data Steward and Information Privacy Protection Officer within each principal department shall cooperate and coordinate with the Chief Data Officer or their designee on compliance issues with state and federal privacy laws. D. Each principal department shall ensure that sufficient funding and staffing are devoted to support the Chief Data Stewards’ performance of the functions required by this Order. V.  RESCISSION OF EXECUTIVE ORDER 2009-18 A. The position of Chief Privacy Officer created by Executive Order 2009-18 is abolished. B. The Information Privacy Protection Council created by Executive Order 2009-18 is abolished. C. Executive Order 2009-18 is rescinded in its entirety. No. 80] [December 28, 2016] JOURNAL OF THE SENATE 2153 VI. MISCELLANEOUS A. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected under this Order shall not abate by any reason or by the taking effect of this Order. B. Nothing in this Order shall be construed to change the organization of the executive branch of state government or the assignment of functions among its units in a manner requiring the force of law. C. The invalidity of any portion of this Order shall not affect the validity of the remainder of the Order, which may be given effect without any invalid portion. The Executive Order shall become effective upon filing. Given under my hand and the Great Seal of the state of Michigan this 21st day of December, in the year of our Lord, [SEAL] Two Thousand Sixteen. Richard D. Snyder Governor By the Governor: Ruth A. Johnson Secretary of State The executive order was referred to the Committee on Government Operations. The following messages from the Governor were received and read: December 6, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Film Commissioner Jenell A. Leonard of 3031 Crofton Drive, DeWitt, Michigan 48820, county of Clinton, succeeding herself, is reappointed for a term commencing January 1, 2017, and expiring December 31, 2018. December 12, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Board of Chiropractic Lewis G. Squires of 1729 Crystal View Drive, Scottville, Michigan 49454, county of Eaton, representing professionals, succeeding himself, is reappointed for a term expiring December 31, 2020. December 12, 2016 I respectfully submit to the Senate the following appointment to office: Judicial Tenure Commission Melissa B. Spickler of 151 Manorwood Drive, Bloomfield Hills, Michigan 48304, county of Oakland, representing the Governor, succeeding herself, is reappointed for a term expiring December 31, 2019. December 14, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Asparagus Marketing Advisory Board Eric C. Herrygers of 1261 N. 136th Avenue, Hart, Michigan 49420, county of Oceana, representing Northern-Central Michigan growers, succeeding himself, is reappointed for a term expiring November 13, 2019. Sarah Greiner of 1690 E. Polk Road, Hart, Michigan 49420, county of Oceana, representing Northern-Central Michigan growers, succeeding herself, is reappointed for a term expiring November 13, 2019. December 14, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Bean Commission Kevin Noffsinger of 3204 Worth Road, Pinconning, Michigan 48650, county of Arenac, representing District 1, succeeding Terry Schindler, is appointed for a term expiring December 31, 2019. Brian Stratton of 5577 Pine Grove Road, Edmore, Michigan 48829, county of Montcalm, representing District 7, succeeding himself, is reappointed for a term expiring December 31, 2019. Ross E. Voelker of 934 S. Caseville Road, Pigeon, Michigan 48755, county of Huron, representing District 6, succeeding himself, is reappointed for a term expiring December 31, 2019. December 14, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Carrot Commission Ryan P. Malburg of 936 W. Jackson Road, Hart, Michigan 49420, county of Oceana, representing fresh growers, succeeding himself, is reappointed for a term expiring October 31, 2019. 2154 JOURNAL OF THE SENATE [December 28, 2016] [No. 80 Jared Oomen of 211 E. Minke Road, Hart, Michigan 49420, county of Oceana, representing fresh growers, succeeding Richard Oomen, is appointed for a term expiring October 31, 2019. December 14, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Dairy Marketing Program Committee Eric J. Frahm of 1520 Frahm Road, Frankenmuth, Michigan 48734, county of Saginaw, representing the Michigan Milk Producers Association, succeeding himself, is reappointed for a term expiring December 31, 2019. Jeffrey E. Horning of 11834 E. Pleasant Lake Road, Manchester, Michigan 48158, county of Washtenaw, representing the Michigan Milk Producers Association, succeeding David Lott, is appointed for a term expiring December 31, 2019. Corby Werth of 8303 Napper Road, Alpena, Michigan 49707, county of Alpena, representing the Michigan Milk Producers Association, succeeding himself, is reappointed for a term expiring December 31, 2019. December 14, 2016 I respectfully submit to the Senate the following appointment to office: Human Trafficking Health Advisory Board Ruth A. Rondon of 2955 Byron Center, Unit D, Wyoming, Michigan 49519, county of Kent, representing human trafficking survivors, is appointed for a term expiring December 31, 2020. December 14, 2016 I respectfully submit to the Senate the following appointment to office: Michigan Board of Physical Therapy Matthew McFadden of 3860 Kiskadee Drive, East Lansing, Michigan 48823, county of Ingham, representing physical therapists, succeeding Jill Marlan, is appointed for a term expiring December 31, 2020. December 15, 2016 I respectfully submit to the Senate the following appointments to office: Eastern Michigan University Board of Regents Eunice M. Jeffries of 38315 Wynmar Drive, Farmington Hills, Michigan 49506, county of Oakland, succeeding Carolyn Fitzsimmons, is appointed for a term commencing January 1, 2017, and expiring December 31, 2024. Alexander Simpson of 30411 Balewood Street, Southfield, Michigan 48076, county of Oakland, succeeding James Stapleton, is appointed for a term commencing January 1, 2017, and expiring December 31, 2024. December 15, 2016 I respectfully submit to the Senate the following appointments to office: Ferris State University Board of Control Robert J. Hegbloom of 7654 Stonevalley Bluff, Clarkston, Michigan 48348, county of Oakland, succeeding Erin Brown, is appointed for a term commencing on January 1, 2017, and expiring on December 31, 2020. Amna P. Seibold of 809 Woodcliff Circle, S.E., East Grand Rapids, Michigan 49506, county of Kent, succeeding Alisha Baker, is appointed for a term commencing on January 1, 2017, and expiring on December 31, 2024. LaShanda R. Thomas of 611 University Place, Grosse Pointe, Michigan 48230, county of Wayne, succeeding Arthur Tebo, is appointed for a term commencing on January 1, 2017, and expiring on December 31, 2024. December 15, 2016 I respectfully submit to the Senate the following appointments to office: Grand Valley State University Board of Control Randall S. Damstra of 4990 Spring Ridge Drive, N.E., Ada, Michigan 49301, county of Kent, succeeding David Way, is appointed for a term commencing January 1, 2017, and expiring December 31, 2024. Kate Pew Wolters of 2260 Cascade Springs Drive, Grand Rapids, Michigan 49546, county of Kent, succeeding herself, is reappointed for a term commencing January 1, 2017, and expiring December 31, 2024. December 15, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Technological University Board of Control Derhun D. Sanders of 14245 Breakfast Drive, Redford Township, Michigan 48239, county of Wayne, succeeding Thomas Baldini, is appointed for a term commencing January 1, 2017, and expiring December 31, 2024. Steven M. Tomaszewski of 9239 Rotondo Drive, Howell, Michigan 48855, county of Livingston, succeeding Paul Ollila, is appointed for a term commencing January 1, 2017, and expiring December 31, 2024. No. 80] [December 28, 2016] JOURNAL OF THE SENATE 2155 December 15, 2016 I respectfully submit to the Senate the following appointments to office: Northern Michigan University Board of Control Lisa Fittante of 1100 Westwood Avenue, Kingsford, Michigan 49802, county of Dickinson, succeeding L. Garnet Lewis, is appointed for a term commencing January 1, 2017, and expiring December 31, 2024. Alexis Hart of 129 Pingree Boulevard, Royal Oak, Michigan 48067, county of Oakland, succeeding H. Sook Wilkinson, is appointed for a term commencing January 1, 2017, and expiring December 31, 2024. James K. Haveman of 12471 Jansma Drive, Grand Haven, Michigan 49417, county of Kent, succeeding Thomas Zurbuchen, is appointed for a term commencing January 1, 2017, and expiring December 31, 2020. December 15, 2016 I respectfully submit to the Senate the following appointments to office: Western Michigan University Board of Control Ron Kitchens of P.O. Box 1021, Portage, Michigan 49081, county of Kalamazoo, succeeding James Hettinger, is appointed for a term commencing January 1, 2017, and expiring December 31, 2024. Shani Penn of 31855 Kingswood Square, Farmington Hills, Michigan 48334, county of Oakland, succeeding Mary Asmonga-Knapp, is appointed for a term commencing January 1, 2017, and expiring December 31, 2024. December 16, 2016 I respectfully submit to the Senate the following appointments to office: Michigan Natural Resources Commission Louise Klarr of 1645 N. Kimmel Road, Jackson, Michigan 49201, county of Jackson, representing Republicans, succeeding herself, is reappointed for a term expiring December 31, 2020. Christopher E. Tracy of 1703 Idlewild Drive, Richland, Michigan 49083, county of Kalamazoo, representing Independents, succeeding Tim Nichols, is appointed for a term expiring December 31, 2020. December 16, 2016 I respectfully submit to the Senate the following appointments to office: Michigan State Transportation Commission Todd A. Wyett of 808 E. Dixon Avenue, Charlevoix, Michigan 49720, county of Charlevoix, an Independent, succeeding himself, is reappointed for a term expiring December 21, 2019. Charles F. Moser of 29929 Backamack Row, Drummond Island, Michigan 49726, county of Chippewa, a Republican, succeeding himself, is reappointed for a term expiring December 21, 2019. Sincerely, Rick Snyder Governor The appointments were referred to the Committee on Government Operations. Recess enator Kowall moved that the Senate recess subject to the call of the Chair. S The motion prevailed, the time being 11:33 a.m. 11:58 a.m. The Senate was called to order by the President, Lieutenant Governor Calley. Messages from the House The following message was received and read: December 28, 2016 I herewith return to the Senate the following Senate Bills and Senate Concurrent Resolutions which failed of passage or adoption by the House of Representatives: Senate Bill Nos.: 1 2 3 6 21 24 39 40 70 71 81 84 90 91 97 110 153 154 161 162 163 164 169 170 173 175 186 187 2156 JOURNAL OF THE SENATE [December 28, 2016] [No. 80 189 190 191 200 209 211 219 220 231 234 239 248 249 279 280 302 305 306 310 314 321 326 339 340 351 356 364 365 368 384 385 395 399 403 421 422 424 448 482 485 491 496 517 520 543 544 559 566 570 579 581 591 594 598 618 625 627 629 633 638 658 670 671 696 709 710 727 732 739 751 758 773 777 802 819 821 852 860 886 923 925 926 927 928 932 933 934 935 936 937 938 939 940 941 942 943 944 945 946 947 948 949 959 974 975 979 980 986 999 1011 1012 1014 1019 1022 1026 1046 1047 1050 1054 1055 1056 1061 1062 1063 1064 1065 1085 1120 1152 1153 1154 1155 1162 1163 1170 1171 1176 1177 1178 1184 Senate Concurrent Resolution Nos. 4 5 9 11 30 31 Very respectfully, Gary L. Randall, Clerk House of Representatives enate Concurrent Resolution No. 33. S A concurrent resolution providing for the final adjournment of the Legislature. (For text of resolution, see Senate Journal No. 79, p. 2141.) The House of Representatives has adopted the concurrent resolution. The concurrent resolution was referred to the Secretary for record. The following message was received and read: December 28, 2016 I have the honor to inform you that the House of Representatives has completed the business of the session and is now ready to adjourn sine die. Very respectfully, Gary L. Randall, Clerk House of Representatives Committee Reports COMMITTEE ATTENDANCE REPORT he Joint Committee on Administrative Rules submitted the following: T Meeting held on Monday, December 12, 2016, at 10:30 a.m., Room 100, Farnum Building Present: Senators Stamas (C), Rocca, Kowall and Hertel Excused: Senator Hood Scheduled Meetings Criminal Justice Policy Commission - Wednesday, January 4, 2017, 9:00 a.m., Harry T. Gast Appropriations Room, Capitol Building (373-0212) The hour of 12:00 noon having arrived, Pursuant to the resolution fixing the date of final adjournment and the provision of the Constitution determining the hour of such adjournment, the President, Lieutenant Governor Calley, declared the Senate adjourned without day. JEFFREY F. COBB Secretary of the Senate 2016 JOURNAL OF THE SENATE 2157 Addenda Motions and Communications Subsequent to the final adjournment of the Regular Session of the Legislature, the Secretary of the Senate enrolled and presented to the Governor on Wednesday, December 28, for his approval the following bills: Enrolled Senate Bill No. 1088 at 2:56 p.m. Enrolled Senate Bill No. 911 at 2:58 p.m. Enrolled Senate Bill No. 912 at 3:00 p.m. Enrolled Senate Bill No. 620 at 3:02 p.m. Enrolled Senate Bill No. 973 at 3:04 p.m. Enrolled Senate Bill No. 982 at 3:06 p.m. Enrolled Senate Bill No. 983 at 3:08 p.m. Enrolled Senate Bill No. 984 at 3:10 p.m. Enrolled Senate Bill No. 985 at 3:12 p.m. Enrolled Senate Bill No. 522 at 3:14 p.m. Enrolled Senate Bill No. 962 at 3:16 p.m. Enrolled Senate Bill No. 1041 at 3:18 p.m. Enrolled Senate Bill No. 1042 at 3:20 p.m. Enrolled Senate Bill No. 1043 at 3:22 p.m. Enrolled Senate Bill No. 1044 at 3:24 p.m. Enrolled Senate Bill No. 991 at 3:26 p.m. Enrolled Senate Bill No. 1175 at 3:28 p.m. Enrolled Senate Bill No. 953 at 3:30 p.m. Enrolled Senate Bill No. 1093 at 3:32 p.m. Enrolled Senate Bill No. 1117 at 3:34 p.m. Enrolled Senate Bill No. 879 at 3:36 p.m. Enrolled Senate Bill No. 958 at 3:38 p.m. Enrolled Senate Bill No. 1068 at 3:40 p.m. Enrolled Senate Bill No. 289 at 3:42 p.m. Enrolled Senate Bill No. 746 at 3:44 p.m. Enrolled Senate Bill No. 747 at 3:46 p.m. Enrolled Senate Bill No. 1015 at 3:48 p.m. Enrolled Senate Bill No. 1016 at 3:50 p.m. Enrolled Senate Bill No. 833 at 3:52 p.m. Enrolled Senate Bill No. 1049 at 3:54 p.m. Enrolled Senate Bill No. 619 at 3:56 p.m. Enrolled Senate Bill No. 623 at 3:58 p.m. Subsequent to the final adjournment of the Regular Session of the Legislature, the Secretary of the Senate enrolled and presented to the Governor on Thursday, December 29, for his approval the following bills: Enrolled Senate Bill No. 1097 at 4:26 p.m. Enrolled Senate Bill No. 1098 at 4:28 p.m. Enrolled Senate Bill No. 1099 at 4:30 p.m. Enrolled Senate Bill No. 1100 at 4:32 p.m. Subsequent to the final adjournment of the Regular Session of the Legislature, the Secretary of the Senate enrolled and presented to the Governor on Tuesday, January 3, for his approval the following bills: Enrolled Senate Bill No. 754 at 11:40 a.m. Enrolled Senate Bill No. 755 at 11:42 a.m. Enrolled Senate Bill No. 756 at 11:44 a.m. Enrolled Senate Bill No. 757 at 11:46 a.m. Enrolled Senate Bill No. 759 at 11:48 a.m. Enrolled Senate Bill No. 760 at 11:50 a.m. Enrolled Senate Bill No. 761 at 11:52 a.m. Enrolled Senate Bill No. 762 at 11:54 a.m. Enrolled Senate Bill No. 763 at 11:56 a.m. Enrolled Senate Bill No. 764 at 11:58 a.m. Enrolled Senate Bill No. 765 at 12:00 p.m. Enrolled Senate Bill No. 766 at 12:02 p.m. Enrolled Senate Bill No. 767 at 12:04 p.m. 2158 REGULAR SESSION OF 2016 Enrolled Senate Bill No. 881 at 12:06 p.m. Enrolled Senate Bill No. 963 at 12:08 p.m. Enrolled Senate Bill No. 26 at 12:10 p.m. Enrolled Senate Bill No. 72 at 12:12 p.m. Enrolled Senate Bill No. 141 at 12:14 p.m. Enrolled Senate Bill No. 270 at 12:16 p.m. Enrolled Senate Bill No. 316 at 12:18 p.m. Enrolled Senate Bill No. 506 at 12:20 p.m. Enrolled Senate Bill No. 1051 at 12:22 p.m. Enrolled Senate Bill No. 924 at 12:24 p.m. Enrolled Senate Bill No. 908 at 12:26 p.m. Enrolled Senate Bill No. 909 at 12:28 p.m. Enrolled Senate Bill No. 910 at 12:30 p.m. Enrolled Senate Bill No. 1176 at 12:32 p.m. Messages from the Governor The following messages from the Governor were received: Date: December 28, 2016 Time: 10:17 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 853 (Public Act No. 389), being An act to preempt local ordinances regulating the use, disposition, or sale of, prohibiting or restricting, or imposing any fee, charge, or tax on certain containers. (Filed with the Secretary of State on December 28, 2016, at 1:38 p.m.) Date: December 28, 2016 Time: 10:35 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 564 (Public Act No. 386), being An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 2690 (MCL 333.2690). (Filed with the Secretary of State on December 28, 2016, at 1:32 p.m.) Date: December 28, 2016 Time: 10:42 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 565 (Public Act No. 387), being An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance 2016 JOURNAL OF THE SENATE 2159 violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 13k of chapter XVII (MCL 777.13k), as amended by 2012 PA 539. (Filed with the Secretary of State on December 28, 2016, at 1:34 p.m.) Date: December 28, 2016 Time: 11:04 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 647 (Public Act No. 388), being An act to amend 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” (MCL 380.1 to 380.1852) by adding section 1170a. (Filed with the Secretary of State on December 28, 2016, at 1:36 p.m.) Date: December 28, 2016 Time: 11:06 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1172 (Public Act No. 390), being An act to amend 1937 PA 94, entitled “An act to provide for the levy, assessment, and collection of a specific excise tax on the storage, use, or consumption in this state of tangible personal property and certain services; to appropriate the proceeds of that tax; to prescribe penalties; and to make appropriations,” by amending section 3f (MCL 205.93f), as amended by 2014 PA 161. (Filed with the Secretary of State on December 28, 2016, at 1:40 p.m.) Date: December 28, 2016 Time: 1:11 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 805 (Public Act No. 384), being An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the 2160 REGULAR SESSION OF 2016 imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 17744b (MCL 333.17744b), as added by 2014 PA 311. (Filed with the Secretary of State on December 28, 2016, at 1:28 p.m.) Date: December 28, 2016 Time: 1:13 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 806 (Public Act No. 385), being An act to amend 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 5 and 1178 (MCL 380.5 and 380.1178), section 5 as amended by 2016 PA 192 and section 1178 as amended by 2013 PA 187, and by adding section 1179b. (Filed with the Secretary of State on December 28, 2016, at 1:30 p.m.) Date: January 3, 2017 Time: 11:04 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 833 (Public Act No. 405), being An act to amend 1966 PA 291, entitled “An act to create the firefighters training council; to prescribe the powers and duties of the council, the state fire marshal, and certain fire departments and other organizations; to create the firefighters training council fund and to provide for allocations from the fund to local agencies of government participating in a firefighters training program; and to make an appropriation,” by amending sections 2, 13, and 14 (MCL 29.362, 29.373, and 29.374), as amended by 2006 PA 213. (Filed with the Secretary of State on January 3, 2017, at 2:16 p.m.) Date: January 3, 2017 Time: 11:06 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1015 (Public Act No. 403), being An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care 2016 JOURNAL OF THE SENATE 2161 facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” (MCL 333.1101 to 333.25211) by adding section 16343a and part 182A. (Filed with the Secretary of State on January 3, 2017, at 2:12 p.m.) Date: January 3, 2017 Time: 11:08 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1016 (Public Act No. 404), being An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” (MCL 333.1101 to 333.25211) by adding section 18255 to part 182A. (Filed with the Secretary of State on January 3, 2017, at 2:14 p.m.) Respectfully, Brian Calley Acting and Lieutenant Governor Date: January 3, 2017 Time: 7:02 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1079 (Public Act No. 437), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sec­ tion 11511b (MCL 324.11511b), as amended by 2011 PA 215. (Filed with the Secretary of State on January 4, 2017, at 12:02 p.m.) Date: January 3, 2017 Time: 7:10 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 992 (Public Act No. 436), being An act to provide for the operation and regulation of unmanned aircraft systems in this state; to create the unmanned aircraft systems task force; to provide for the powers and duties of state and local governmental officers and entities; and to prohibit conduct related to the operation of unmanned aircraft systems and prescribe penalties. (Filed with the Secretary of State on January 4, 2017, at 12:00 p.m.) 2162 REGULAR SESSION OF 2016 Date: January 3, 2017 Time: 7:18 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1025 (Public Act No. 406), being An act to amend 1956 PA 217, entitled “An act to safeguard persons and property; to provide for licensing and regulation of electricians and electrical contractors concerning the construction, alteration, installation of electrical wiring and equipment and for the inspection of electrical wiring; to create an electrical administrative board; to create certain committees for certain purposes; to provide certain powers and duties for certain departments; to provide for the assessment of certain fees and for the promulgation of rules; and to prescribe penalties for violations of this act,” by amending section 1a (MCL 338.881a), as added by 1992 PA 130. (Filed with the Secretary of State on January 4, 2017, at 11:00 a.m.) Date: January 3, 2017 Time: 7:20 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 963 (Public Act No. 407), being An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations in the skilled trades and to regulate persons and activities relative to those occupations; to create a board for each of those occupations; to establish the powers and duties of certain state and local governmental officers and entities, including the boards created under this act; to provide for the promulgation of rules; to provide for fees; to provide for penalties and civil fines; and to repeal acts and parts of acts. (Filed with the Secretary of State on January 4, 2017, at 11:02 a.m.) Date: January 3, 2017 Time: 7:22 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 964 (Public Act No. 408), being An act to amend 1917 PA 167, entitled “An act to promote the health, safety and welfare of the people by regulating the maintenance, alteration, health, safety, and improvement of dwellings; to define the classes of dwellings affected by the act, and to establish administrative requirements; to prescribe procedures for the maintenance, improvement, or demolition of certain commercial buildings; to establish remedies; to provide for enforcement; to provide for the demolition of certain dwellings; and to fix penalties for the violation of this act,” by amending section 141c (MCL 125.541c), as added by 1992 PA 144. (Filed with the Secretary of State on January 4, 2017, at 11:04 a.m.) Date: January 3, 2017 Time: 7:24 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 965 (Public Act No. 409), being An act to amend 1972 PA 230, entitled “An act to create a construction code commission and prescribe its functions; to authorize the director to promulgate rules with recommendations from each affected board relating to the construction, alteration, demolition, occupancy, and use of buildings and structures; to prescribe energy conservation standards for the construction of certain buildings; to provide for statewide approval of premanufactured units; to provide for the testing of new devices, materials, and techniques for the construction of buildings and structures; to define the classes of buildings and structures affected by the act; to provide for administration and enforcement of the act; to create a state construction code fund; to prohibit certain conduct; to establish penalties, remedies, and sanctions for violations of the act; to repeal acts and parts of acts; and to provide an appropriation,” by amending sections 2a, 8b, 9, 10, and 28 (MCL 125.1502a, 125.1508b, 125.1509, 125.1510, and 125.1528), sections 2a and 10 as amended by 2013 PA 125, section 8b as amended by 2006 PA 192, section 9 as added by 2012 PA 103, and section 28 as amended by 2014 PA 9. (Filed with the Secretary of State on January 4, 2017, at 11:06 a.m.) 2016 JOURNAL OF THE SENATE 2163 Date: January 3, 2017 Time: 7:26 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 966 (Public Act No. 410), being An act to amend 1987 PA 96, entitled “An act to create a mobile home commission; to prescribe its powers and duties and those of local governments; to provide for a mobile home code and the licensure, regulation, construction, operation, and management of mobile home parks, the licensure and regulation of retail sales dealers, warranties of mobile homes, and service practices of dealers; to provide for the titling of mobile homes; to prescribe the powers and duties of certain agencies and departments; to provide remedies and penalties; to declare the act to be remedial; to repeal this act on a specific date; and to repeal certain acts and parts of acts,” by amending section 25 (MCL 125.2325). (Filed with the Secretary of State on January 4, 2017, at 11:08 a.m.) Date: January 3, 2017 Time: 7:28 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 967 (Public Act No. 411), being An act to amend 1986 PA 135, entitled “An act to provide for the licensing and regulation of asbestos abatement contractors; to create the asbestos abatement contractors licensing board; to prescribe certain powers and duties of the department of consumer and industry services; to establish the powers and duties of the asbestos abatement contractors licensing board; to create an asbestos abatement fund and to provide for expenditures from the fund; to provide for the promulgation of rules; to provide for certain fees; and to provide for penalties and civil fines,” by amending section 207 (MCL 338.3207), as amended by 1998 PA 132. (Filed with the Secretary of State on January 4, 2017, at 11:10 a.m.) Date: January 3, 2017 Time: 7:30 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 968 (Public Act No. 412), being An act to amend 1980 PA 299, entitled “An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations and to regulate certain persons and activities relative to those occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to provide immunity from certain civil liability for certain entities and certain related occupations under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,” by amending sections 104, 601, 2402, and 2403 (MCL 339.104, 339.601, 339.2402, and 339.2403), section 104 as amended by 1996 PA 151, section 601 as amended by 2008 PA 319, section 2402 as amended by 2007 PA 157, and section 2403 as amended by 1984 PA 191. (Filed with the Secretary of State on January 4, 2017, at 11:12 a.m.) Date: January 3, 2017 Time: 7:32 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 969 (Public Act No. 413), being An act to amend 1937 PA 306, entitled “An act to promote the safety, welfare, and educational interests of the people of the state of Michigan by regulating the construction, reconstruction, and remodeling of certain public or private school buildings or additions to such buildings, by regulating the construction, reconstruction, and remodeling of buildings leased or acquired for school purposes, and to define the class of buildings affected by this act; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties for the violation of this act; and to repeal acts and parts of acts,” by amending section 1b (MCL 388.851b), as amended by 2006 PA 199. (Filed with the Secretary of State on January 4, 2017, at 11:14 a.m.) 2164 REGULAR SESSION OF 2016 Date: January 3, 2017 Time: 7:34 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 970 (Public Act No. 414), being An act to amend 2002 PA 468, entitled “An act to regulate the servicing, repair, and maintenance of certain appliances and the compensation received by certain persons for those activities; to provide for certain disclosures and warranties regarding those activities; to limit certain representations by service dealers; and to provide for certain remedies,” by amending section 2 (MCL 445.832). (Filed with the Secretary of State on January 4, 2017, at 11:16 a.m.) Date: January 3, 2017 Time: 7:36 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 971 (Public Act No. 415), being An act to amend 1980 PA 497, entitled “An act to establish, protect, and enforce by lien the rights of persons performing labor or providing material or equipment for the improvement of real property; to provide for defenses to construction liens; to provide remedies and prescribe penalties; and to repeal acts and parts of acts,” by amending section 114 (MCL 570.1114), as amended by 2006 PA 497. (Filed with the Secretary of State on January 4, 2017, at 11:18 a.m.) Date: January 3, 2017 Time: 7:38 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 972 (Public Act No. 416), being An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 13p of chapter XVII (MCL 777.13p), as amended by 2015 PA 184. (Filed with the Secretary of State on January 4, 2017, at 11:20 a.m.) Date: January 3, 2017 Time: 7:42 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 954 (Public Act No. 435), being An act to amend 1980 PA 299, entitled “An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations and to regulate certain persons and activities relative to those occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to provide immunity from certain civil liability for certain entities and certain related occupations under certain circumstances; to 2016 JOURNAL OF THE SENATE 2165 repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,” by amending section 2004 (MCL 339.2004), as amended by 2009 PA 143; and to repeal acts and parts of acts. (Filed with the Secretary of State on January 4, 2017, at 11:58 a.m.) Date: January 3, 2017 Time: 7:46 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 929 (Public Act No. 434), being An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending sections 525, 533, 539, 541, and 543 (MCL 436.1525, 436.1533, 436.1539, 436.1541, and 436.1543), section 525 as amended by 2016 PA 315, section 533 as amended by 2016 PA 137, section 541 as amended by 2016 PA 84, and section 543 as amended by 2010 PA 213, and by adding section 903b. (Filed with the Secretary of State on January 4, 2017, at 11:56 a.m.) Date: January 3, 2017 Time: 8:02 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1109 (Public Act No. 444), being An act to amend 1969 PA 306, entitled “An act to provide for the effect, processing, promulgation, publication, and inspection of state agency rules, determinations, and other matters; to provide for the printing, publishing, and distribution of certain publications; to provide for state agency administrative procedures and contested cases and appeals from contested cases in licensing and other matters; to create and establish certain committees and offices; to provide for declaratory judgments as to rules; to repeal certain acts and parts of acts; and to repeal certain parts of this act on a specific date,” by amending section 7 (MCL 24.207), as amended by 2011 PA 52. (Filed with the Secretary of State on January 4, 2017, at 1:10 p.m.) Date: January 3, 2017 Time: 8:06 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1087 (Public Act No. 438), being An act to amend 1972 PA 299, entitled “An act to provide for the assessment, collection and disposition of the costs of regulation of public utilities,”(MCL 460.111 to 460.120) by adding section 5a. (Filed with the Secretary of State on January 4, 2017, at 12:04 p.m.) Date: January 4, 2017 Time: 12:10 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 506 (Public Act No. 464), being An act to amend 1964 PA 283, entitled “An act to regulate and provide standards for weights and measures, and the packaging and advertising of certain commodities; to provide for a state director and other officials and to prescribe their powers and duties; to provide a fee system for certain inspections and tests; to provide penalties for fraud and deception in the use of false weights and measures and other violations; and to repeal certain acts and parts of acts,” by amending section 28c (MCL 290.628c), as amended by 2012 PA 254. (Filed with the Secretary of State on January 5, 2017, at 2:40 p.m.) 2166 REGULAR SESSION OF 2016 Date: January 4, 2017 Time: 12:12 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1051 (Public Act No. 465), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sec­ tions 21102 and 21104 (MCL 324.21102 and 324.21104). (Filed with the Secretary of State on January 5, 2017, at 2:42 p.m.) Date: January 4, 2017 Time: 12:14 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1052 (Public Act No. 466), being An act to amend 1984 PA 44, entitled “An act to provide purity and quality standards for motor fuels; to regulate the transfer, sale, dispensing, or offering motor fuels for sale; to provide for an inspection and testing program; to provide for the powers and duties of certain state agencies; to prescribe certain powers of the governor; to provide for the licensing of certain persons engaged in the transfer, sale, dispensing, or offering of motor fuels for sale; to regulate stage I vapor-recovery systems at certain facilities; to provide for fees; to make appropriations; and to provide remedies and prescribe fines and penalties,” by amending section 6 (MCL 290.646), as amended by 2006 PA 271. (Filed with the Secretary of State on January 5, 2017, at 2:44 p.m.) Date: January 4, 2017 Time: 12:16 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1053 (Public Act No. 467), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sec­ tions 21506a and 21508 (MCL 324.21506a and 324.21508), as amended by 2014 PA 416. (Filed with the Secretary of State on January 5, 2017, at 2:46 p.m.) Date: January 4, 2017 Time: 12:18 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1179 (Public Act No. 468), being An act to amend 1941 PA 207, entitled “An act to provide for the prevention of fires and the protection of persons and property from exposure to the dangers of fire or explosion; to authorize the investigation of fires and the discovery of crime or other offenses in relation thereto; to require the razing, repair, or alteration of buildings, and the clearing and improvement of premises which constitute a fire hazard or a menace to the peace, security, or safety of persons or property; to control the construction, use, and occupancy of buildings and premises in relation to safety, including fire safety; to provide for the certification of fire inspectors and the delegation of certain powers to those certified fire inspectors; to provide for the regulation of the storage and transportation of hazardous material; to provide for the issuance of certificates; to prohibit the use of certain fire extinguishers and fire extinguishing agents; to provide immunity from liability for certain persons; to provide for the administration and enforcement of this act; to prescribe penalties; to provide for the promulgation of rules; to provide for the assessment of fees; and to repeal acts and parts of acts,” by amending section 5d (MCL 29.5d), as amended by 2006 PA 189. (Filed with the Secretary of State on January 5, 2017, at 2:48 p.m.) 2016 JOURNAL OF THE SENATE 2167 Date: January 4, 2017 Time: 12:20 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 908 (Public Act No. 471), being An act to amend 1996 PA 381, entitled “An act to authorize municipalities to create a brownfield redevelopment authority to facilitate the implementation of brownfield plans; to create brownfield redevelopment zones; to promote the revitalization, redevelopment, and reuse of certain property, including, but not limited to, tax reverted, blighted, or functionally obsolete property; to prescribe the powers and duties of brownfield redevelopment authorities; to permit the issuance of bonds and other evidences of indebtedness by an authority; to authorize the acquisition and disposal of certain property; to authorize certain funds; to prescribe certain powers and duties of certain state officers and agencies; and to authorize and permit the use of certain tax increment financing,” by amending sections 2, 3, 4, 7, 8, 8a, 11, 13, 14, 15, 15a, and 16 (MCL 125.2652, 125.2653, 125.2654, 125.2657, 125.2658, 125.2658a, 125.2661, 125.2663, 125.2664, 125.2665, 125.2665a, and 125.2666), section 2 as amended by 2013 PA 67, section 3 as amended by 2000 PA 145, sections 4, 8, 13, 15, and 16 as amended and section 8a as added by 2012 PA 502, section 7 as amended by 2002 PA 413, and section 15a as amended by 2014 PA 20, and by adding sections 13a and 13b; and to repeal acts and parts of acts. (Filed with the Secretary of State on January 5, 2017, at 2:54 p.m.) Date: January 4, 2017 Time: 12:22 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 909 (Public Act No. 472), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sec­ tions 19511, 19512, and 19513 (MCL 324.19511, 324.19512, and 324.19513), as added by 1995 PA 60. (Filed with the Secretary of State on January 5, 2017, at 2:56 p.m.) Date: January 4, 2017 Time: 12:24 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 910 (Public Act No. 473), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sec­ tions 19601, 19607, 19608, and 19608a (MCL 324.19601, 324.19607, 324.19608, and 324.19608a), sections 19601 and 19607 as added by 1998 PA 288, section 19608 as amended by 2012 PA 446, and section 19608a as added by 2003 PA 253, and by adding section 19608b. (Filed with the Secretary of State on January 5, 2017, at 2:58 p.m.) Date: January 4, 2017 Time: 12:56 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 911 (Public Act No. 474), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural 2168 REGULAR SESSION OF 2016 resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sec­ tions 19508, 19509, and 19510 (MCL 324.19508, 324.19509, and 324.19510), as added by 1995 PA 60. (Filed with the Secretary of State on January 5, 2017, at 3:00 p.m.) Date: January 4, 2017 Time: 12:58 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 912 (Public Act No. 475), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sec­ tions 19609, 19610, 19611, and 19612 (MCL 324.19609, 324.19610, 324.19611, and 324.19612), sections 19609, 19610, and 19611 as added by 1998 PA 288 and section 19612 as amended by 2014 PA 115, and by adding section 19610a. (Filed with the Secretary of State on January 5, 2017, at 3:02 p.m.) Date: January 4, 2017 Time: 1:00 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 913 (Public Act No. 476), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sec­ tion 20108b (MCL 324.20108b), as amended by 2010 PA 233. (Filed with the Secretary of State on January 5, 2017, at 3:04 p.m.) Date: January 4, 2017 Time: 1:52 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1073 (Public Act No. 461), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sec­ tions 43516 and 43523a (MCL 324.43516 and 324.43523a), section 43516 as amended by 2016 PA 36 and section 43523a as added by 2013 PA 108, and by adding section 43526b; and to repeal acts and parts of acts. (Filed with the Secretary of State on January 5, 2017, at 2:34 p.m.) Date: January 4, 2017 Time: 1:54 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1074 (Public Act No. 462), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural 2016 JOURNAL OF THE SENATE 2169 resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sec­ tion 43525b (MCL 324.43525b), as added by 2013 PA 108. (Filed with the Secretary of State on January 5, 2017, at 2:36 p.m.) Date: January 4, 2017 Time: 1:56 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1075 (Public Act No. 463), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sec­ tions 43532, 43533, and 43536 (MCL 324.43532, 324.43533, and 324.43536), as amended by 2013 PA 108. (Filed with the Secretary of State on January 5, 2017, at 2:38 p.m.) Date: January 4, 2017 Time: 1:58 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 521 (Public Act No. 469), being An act to create the Michigan historical commission; and to prescribe its powers and duties. (Filed with the Secretary of State on January 5, 2017, at 2:50 p.m.) Date: January 4, 2017 Time: 2:00 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 522 (Public Act No. 470), being An act to create the Michigan historical center; to prescribe the authority of the center; to provide for the archives of Michigan and the Michigan historical museum to be under the control and supervision of the center; to provide stewardship for the museum and archival collection of this state; to provide for the management of state and local government records of archival value; to prescribe the powers and duties of certain state and local agencies and officials; and to repeal acts and parts of acts. (Filed with the Secretary of State on January 5, 2017, at 2:52 p.m.) Date: January 4, 2017 Time: 2:02 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1093 (Public Act No. 477), being An act to amend 1994 PA 451, entitled “An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to protect the people’s right to hunt and fish; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,” by amending sec­ tion 41302a (MCL 324.41302a), as added by 2014 PA 537. (Filed with the Secretary of State on January 5, 2017, at 3:06 p.m.) 2170 REGULAR SESSION OF 2016 Date: January 4, 2017 Time: 2:14 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 706 (Public Act No. 454), being An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 725 (MCL 257.725), as amended by 1998 PA 247. (Filed with the Secretary of State on January 5, 2017, at 11:06 a.m.) Date: January 4, 2017 Time: 2:16 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 707 (Public Act No. 455), being An act to amend 1969 PA 200, entitled “An act to regulate driveways, banners, events, and parades upon and over highways; to provide for the promulgation of rules; to prescribe requirements for the issuance of permits; and to provide for the issuance of those permits,” by amending section 7 (MCL 247.327). (Filed with the Secretary of State on January 5, 2017, at 11:08 a.m.) Date: January 4, 2017 Time: 2:18 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 708 (Public Act No. 456), being An act to amend 1909 PA 283, entitled “An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies,” by amending section 19b of chapter IV (MCL 224.19b), as added by 1980 PA 212. (Filed with the Secretary of State on January 5, 2017, at 11:10 a.m.) Date: January 4, 2017 Time: 2:20 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 702 (Public Act No. 453), being An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of 2016 JOURNAL OF THE SENATE 2171 specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 716 (MCL 257.716), as amended by 2008 PA 539. (Filed with the Secretary of State on January 5, 2017, at 11:04 a.m.) Date: January 4, 2017 Time: 2:22 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 595 (Public Act No. 452), being An act to amend 1963 PA 181, entitled “An act to promote safety upon highways open to the public by regulating the operation of certain vehicles; to provide consistent regulation of these areas by state agencies and local units of government; to establish the qualifications of persons necessary for the safe operation of such vehicles; to establish certain violations of shippers offering certain materials for transportation; to limit the hours of service of persons engaged in operating such vehicles; to require the keeping of records of such operations; to provide penalties for the violation of this act; to prescribe the powers and duties of certain state agencies; and to repeal acts and parts of acts,” by amending section 5 (MCL 480.15), as amended by 2013 PA 263. (Filed with the Secretary of State on January 5, 2017, at 11:02 a.m.) Date: January 4, 2017 Time: 2:24 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 879 (Public Act No. 457), being An act to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending sections 1h and 1i (MCL 247.651h and 247.651i), section 1h as amended by 2008 PA 501 and section 1i as added by 2001 PA 259. (Filed with the Secretary of State on January 5, 2017, at 11:12 a.m.) 2172 REGULAR SESSION OF 2016 Date: January 4, 2017 Time: 2:26 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1068 (Public Act No. 459), being An act to amend 1951 PA 51, entitled “An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to promote safe and efficient travel for motor vehicle drivers, bicyclists, pedestrians, and other legal users of roads, streets, and highways; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts,” by amending section 1c (MCL 247.651c), as amended by 2010 PA 28. (Filed with the Secretary of State on January 5, 2017, at 11:16 a.m.) Date: January 4, 2017 Time: 2:28 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 541 (Public Act No. 451), being An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 307 (MCL 257.307), as amended by 2015 PA 11. (Filed with the Secretary of State on January 5, 2017, at 11:00 a.m.) Date: January 4, 2017 Time: 2:32 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1089 (Public Act No. 460), being An act to amend 1949 PA 300, entitled “An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or 2016 JOURNAL OF THE SENATE 2173 generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of manufacturers, the manufacturers of certain devices, the manufacturers of automated technology, upfitters, owners, and operators of vehicles and service of process on residents and nonresidents; to regulate the introduction and use of certain evidence; to regulate and certify the manufacturers of certain devices; to provide for approval and certification of installers and servicers of certain devices; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,” by amending section 710e (MCL 257.710e), as amended by 2008 PA 43. (Filed with the Secretary of State on January 5, 2017, at 11:18 a.m.) Date: January 4, 2017 Time: 2:34 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 958 (Public Act No. 458), being An act to amend 1982 PA 432, entitled “An act to regulate persons who transport passengers by motor bus; to prescribe powers and duties for the state transportation department; to impose certain fees; and to impose penalties,” by amending section 23 (MCL 474.123), as amended by 1989 PA 233. (Filed with the Secretary of State on January 5, 2017, at 11:14 a.m.) Date: January 5, 2017 Time: 11:45 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 558 (Public Act No. 489), being An act to amend 1846 RS 66, entitled “Of estates in dower, by the curtesy, and general provisions concerning real estate,” (MCL 558.1 to 558.29) by adding section 30; and to repeal acts and parts of acts. (Filed with the Secretary of State on January 6, 2017, at 1:22 p.m.) Date: January 5, 2017 Time: 11:47 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 560 (Public Act No. 490), being An act to amend 1998 PA 386, entitled “An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts,” by amending sections 1303, 2202, 2205, and 3807 (MCL 700.1303, 700.2202, 700.2205, and 700.3807), section 1303 as amended by 2016 PA 287, sections 2202 and 2205 as amended by 2000 PA 54, and section 3807 as amended by 2000 PA 177. (Filed with the Secretary of State on January 6, 2017, at 1:24 p.m.) Date: January 5, 2017 Time: 11:49 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1021 (Public Act No. 491), being An act to amend 1975 PA 238, entitled “An act to require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused 2174 REGULAR SESSION OF 2016 or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending sections 2, 7, and 8 (MCL 722.622, 722.627, and 722.628), sections 2 and 7 as amended by 2016 PA 35 and section 8 as amended by 2008 PA 300. (Filed with the Secretary of State on January 6, 2017, at 1:26 p.m.) Date: January 5, 2017 Time: 11:51 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1043 (Public Act No. 494), being An act to amend 1975 PA 238, entitled “An act to require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending section 7 (MCL 722.627), as amended by 2016 PA 35. (Filed with the Secretary of State on January 6, 2017, at 1:32 p.m.) Date: January 5, 2017 Time: 11:53 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1042 (Public Act No. 493), being An act to amend 1939 PA 280, entitled “An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,” by amending section 11c (MCL 400.11c), as added by 1982 PA 519. (Filed with the Secretary of State on January 6, 2017, at 1:30 p.m.) Date: January 5, 2017 Time: 11:55 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1044 (Public Act No. 495), being An act to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 10 (MCL 722.120), as amended by 2006 PA 206. (Filed with the Secretary of State on January 6, 2017, at 1:34 p.m.) 2016 JOURNAL OF THE SENATE 2175 Date: January 5, 2017 Time: 11:57 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1090 (Public Act No. 496), being An act to amend 1939 PA 288, entitled “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,” by amending section 1 of chapter XIIA (MCL 712A.1), as amended by 2014 PA 533. (Filed with the Secretary of State on January 6, 2017, at 1:34 p.m.) Date: January 5, 2017 Time: 11:59 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1091 (Public Act No. 497), being An act to amend 1939 PA 288, entitled “An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,” by amending section 19a of chapter XIIA (MCL 712A.19a), as amended by 2012 PA 115. (Filed with the Secretary of State on January 6, 2017, at 1:38 p.m.) Date: January 5, 2017 Time: 12:01 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1041 (Public Act No. 492), being An act to amend 1979 PA 218, entitled “An act to provide for the licensing and regulation of adult foster care facilities; to provide for the establishment of standards of care for adult foster care facilities; to prescribe powers and duties of the department of social services and other departments; to prescribe certain fees; to prescribe penalties; and to repeal certain acts and parts of acts,” by amending section 24 (MCL 400.724). (Filed with the Secretary of State on January 6, 2017, at 1:28 p.m.) Date: January 5, 2017 Time: 12:07 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 746 (Public Act No. 487), being An act to amend 1973 PA 116, entitled “An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts,” by amending section 15 (MCL 722.125), as amended by 1993 PA 218. (Filed with the Secretary of State on January 6, 2017, at 1:18 p.m.) 2176 REGULAR SESSION OF 2016 Date: January 5, 2017 Time: 12:09 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 747 (Public Act No. 488), being An act to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 136b (MCL 750.136b), as amended by 2012 PA 194. (Filed with the Secretary of State on January 6, 2017, at 1:20 p.m.) Date: January 5, 2017 Time: 1:39 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 924 (Public Act No. 484), being An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 15f of chapter XVII (MCL 777.15f), as added by 2002 PA 206. (Filed with the Secretary of State on January 6, 2017, at 1:12 p.m.) Date: January 5, 2017 Time: 1:41 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 270 (Public Act No. 498), being An act to amend 1998 PA 386, entitled “An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts,” (MCL 700.1101 to 700.8206) by adding sections 5301b and 5402a. (Filed with the Secretary of State on January 6, 2017, at 1:40 p.m.) Date: January 5, 2017 Time: 2:32 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1088 (Public Act No. 520), being An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices 2016 JOURNAL OF THE SENATE 2177 for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 203 (MCL 436.1203), as amended by 2014 PA 50. (Filed with the Secretary of State on January 9, 2017, at 11:48 a.m.) Date: January 5, 2017 Time: 2:34 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 973 (Public Act No. 514), being An act to amend 1998 PA 58, entitled “An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to prohibit the use of certain devices for the dispensing of alcoholic vapor; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,” by amending section 537 (MCL 436.1537), as amended by 2013 PA 101. (Filed with the Secretary of State on January 9, 2017, at 11:36 a.m.) Date: January 5, 2017 Time: 2:40 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 26 (Public Act No. 502), being An act to amend 1980 PA 299, entitled “An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations and to regulate certain persons and activities relative to those occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to provide immunity from certain civil liability for certain entities and certain related occupations under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,” by amending sections 105, 204, 2501, 2502a, 2503, 2504, 2504a, 2505, 2506, 2507, 2509, 2510, 2512, and 2512d (MCL 339.105, 339.204, 339.2501, 339.2502a, 339.2503, 339.2504, 339.2504a, 339.2505, 339.2506, 339.2507, 339.2509, 339.2510, 339.2512, and 339.2512d), sections 105, 204, and 2507 as amended by 1988 PA 463, sections 2501 and 2512 as amended and section 2512d as added by 2008 PA 90, sections 2502a and 2504 as amended and section 2504a as added by 2014 PA 106, section 2503 as amended by 1990 PA 269, section 2505 as amended by 2003 PA 196, section 2506 as amended by 2011 PA 33, and section 2509 as amended by 1988 PA 16, and by adding sections 2502b, 2512e, 2512f, 2516, 2516a, and 2516b. (Filed with the Secretary of State on January 9, 2017, at 11:12 a.m.) Date: January 5, 2017 Time: 2:42 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 106 (Public Act No. 503), being An act to amend 1933 PA 167, entitled “An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide 2178 REGULAR SESSION OF 2016 for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,” by amending section 4o (MCL 205.54o), as amended by 2004 PA 173. (Filed with the Secretary of State on January 9, 2017, at 11:14 a.m.) Date: January 5, 2017 Time: 2:44 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1008 (Public Act No. 517), being An act to amend 1936 (Ex Sess) PA 1, entitled “An act to protect the welfare of the people of this state through the establishment of an unemployment compensation fund, and to provide for the disbursement thereof; to create certain other funds; to create the Michigan employment security commission, and to prescribe its powers and duties; to provide for the protection of the people of this state from the hazards of unemployment; to levy and provide for contributions from employers; to levy and provide for obligation assessments; to provide for the collection of those contributions and assessments; to enter into reciprocal agreements and to cooperate with agencies of the United States and of other states charged with the administration of any unemployment insurance law; to furnish certain information to certain governmental agencies for use in administering public benefit and child support programs and investigating and prosecuting fraud; to provide for the payment of benefits; to provide for appeals from redeterminations, decisions and notices of assessments; and for referees and a board of review to hear and decide the issues arising from redeterminations, decisions and notices of assessment; to provide for the cooperation of this state and compliance with the provisions of the social security act and the Wagner-Peyser act passed by the Congress of the United States of America; to provide for the establishment and maintenance of free public employment offices; to provide for the transfer of funds; to make appropriations for carrying out the provisions of this act; to prescribe remedies and penalties for the violation of this act; and to repeal all acts and parts of acts inconsistent with this act,” by amending section 10 (MCL 421.10), as amended by 2015 PA 57. (Filed with the Secretary of State on January 9, 2017, at 11:42 a.m.) Date: January 5, 2017 Time: 2:46 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1009 (Public Act No. 518), being An act to amend 1893 PA 206, entitled “An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,” by amending section 78q (MCL 211.78q), as added by 2014 PA 499. (Filed with the Secretary of State on January 9, 2017, at 11:44 a.m.) Date: January 5, 2017 Time: 2:48 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1045 (Public Act No. 519), being An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” by amending section 1987 (MCL 600.1987), as added by 2015 PA 231. (Filed with the Secretary of State on January 9, 2017, at 11:46 a.m.) 2016 JOURNAL OF THE SENATE 2179 Date: January 5, 2017 Time: 2:50 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 619 (Public Act No. 505), being An act to amend 1980 PA 450, entitled “An act to prevent urban deterioration and encourage economic development and activity and to encourage neighborhood revitalization and historic preservation; to provide for the establishment of tax increment finance authorities and to prescribe their powers and duties; to authorize the acquisition and disposal of interests in real and personal property; to provide for the creation and implementation of development plans; to provide for the creation of a board to govern an authority and to prescribe its powers and duties; to permit the issuance of bonds and other evidences of indebtedness by an authority; to permit the use of tax increment financing; to reimburse authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state agencies and officers,” by amending sections 1 and 3 (MCL 125.1801 and 125.1803), section 1 as amended by 2014 PA 38 and section 3 as amended by 2005 PA 14. (Filed with the Secretary of State on January 9, 2017, at 11:18 a.m.) Date: January 5, 2017 Time: 2:52 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 620 (Public Act No. 506), being An act to amend 1975 PA 197, entitled “An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials,” by amending sections 1 and 3 (MCL 125.1651 and 125.1653), section 1 as amended by 2013 PA 66 and section 3 as amended by 2005 PA 115. (Filed with the Secretary of State on January 9, 2017, at 11:20 a.m.) Date: January 5, 2017 Time: 2:54 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 621 (Public Act No. 507), being An act to amend 2005 PA 280, entitled “An act to provide for the establishment of a corridor improvement authority; to prescribe the powers and duties of the authority; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans and development areas in the districts; to promote the economic growth of the districts; to create a board; to prescribe the powers and duties of the board; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to prescribe powers and duties of certain state officials; to provide for rule promulgation; and to provide for enforcement of the act,” by amending sections 3 and 18 (MCL 125.2873 and 125.2888), section 3 as amended by 2013 PA 68 and section 18 as amended by 2008 PA 44. (Filed with the Secretary of State on January 9, 2017, at 11:22 a.m.) Date: January 5, 2017 Time: 2:56 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 622 (Public Act No. 508), being An act to amend 2008 PA 94, entitled “An act to provide for the establishment of a water improvement tax increment finance authority; to prescribe the powers and duties of the authority; to correct and prevent deterioration in water resources; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans and development areas; to promote water resource improvement; to create a 2180 REGULAR SESSION OF 2016 board; to prescribe the powers and duties of the board; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to prescribe powers and duties of certain state officials; to provide for rule promulgation; and to provide for enforcement of the act,” by amending sections 3 and 15 (MCL 125.1773 and 125.1785), section 3 as amended by 2013 PA 25. (Filed with the Secretary of State on January 9, 2017, at 11:24 a.m.) Date: January 5, 2017 Time: 2:58 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 623 (Public Act No. 509), being An act to amend 1986 PA 281, entitled “An act to encourage local development to prevent conditions of unemployment and promote economic growth; to provide for the establishment of local development finance authorities and to prescribe their powers and duties; to provide for the creation of a board to govern an authority and to prescribe its powers and duties; to provide for the creation and implementation of development plans; to authorize the acquisition and disposal of interests in real and personal property; to permit the issuance of bonds and other evidences of indebtedness by an authority; to prescribe powers and duties of certain public entities and state officers and agencies; to reimburse authorities for certain losses of tax increment revenues; and to authorize and permit the use of tax increment financing,” by amending sections 2 and 4 (MCL 125.2152 and 125.2154), section 2 as amended by 2013 PA 62 and section 4 as amended by 2012 PA 290. (Filed with the Secretary of State on January 9, 2017, at 11:26 a.m.) Date: January 5, 2017 Time: 3:00 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 624 (Public Act No. 510), being An act to amend 2004 PA 530, entitled “An act to provide for the establishment of a historical neighborhood tax increment finance authority; to prescribe the powers and duties of the authority; to correct and prevent deterioration in neighborhoods and certain other areas; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans and development areas; to promote residential and economic growth; to create a board; to prescribe the powers and duties of the board; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to prescribe powers and duties of certain state officials; to provide for rule promulgation; and to provide for enforcement of the act,” by amending sections 3 and 17 (MCL 125.2843 and 125.2857), section 3 as amended by 2010 PA 237. (Filed with the Secretary of State on January 9, 2017, at 11:28 a.m.) Date: January 5, 2017 Time: 3:02 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1049 (Public Act No. 501), being An act to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending sections 1, 3, 11, 12, 12a, and 13 (MCL 247.901, 247.903, 247.911, 247.912, 247.912a, and 247.913), section 1 as amended by 2010 PA 238, sections 3 and 12 as amended and section 12a as added by 1993 PA 149, and section 11 as amended by 2016 PA 273. (Filed with the Secretary of State on January 9, 2017, at 11:10 a.m.) Date: January 5, 2017 Time: 3:04 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 25 (Public Act No. 500), being An act to amend 1987 PA 231, entitled “An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to 2016 JOURNAL OF THE SENATE 2181 prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds,” by amending section 9 (MCL 247.909), as amended by 1993 PA 149. (Filed with the Secretary of State on January 9, 2017, at 11:08 a.m.) Date: January 5, 2017 Time: 3:06 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 991 (Public Act No. 515), being An act to amend 1933 PA 167, entitled “An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,” by amending section 1 (MCL 205.51), as amended by 2016 PA 8. (Filed with the Secretary of State on January 9, 2017, at 11:38 a.m.) Date: January 5, 2017 Time: 3:12 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 697 (Public Act No. 511), being An act to amend 1956 PA 218, entitled “An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to provide for assessment fees on certain health maintenance organizations; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker’s compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act,” (MCL 500.100 to 500.8302) by adding section 3011. (Filed with the Secretary of State on January 9, 2017, at 11:30 a.m.) Date: January 5, 2017 Time: 4:54 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 962 (Public Act No. 513), being An act to amend 1969 PA 306, entitled “An act to provide for the effect, processing, promulgation, publication, and inspection of state agency rules, determinations, and other matters; to provide for the printing, publishing, and 2182 REGULAR SESSION OF 2016 distribution of certain publications; to provide for state agency administrative procedures and contested cases and appeals from contested cases in licensing and other matters; to create and establish certain committees and offices; to provide for declaratory judgments as to rules; to repeal certain acts and parts of acts; and to repeal certain parts of this act on a specific date,” by amending sections 5, 44, 45, and 45a (MCL 24.205, 24.244, 24.245, and 24.245a), section 5 as amended by 2006 PA 460, section 44 as amended by 2004 PA 23, section 45 as amended by 2013 PA 200, and section 45a as amended by 2011 PA 245, and by adding section 45c. (Filed with the Secretary of State on January 9, 2017, at 11:34 a.m.) Date: January 5, 2017 Time: 5:00 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 881 (Public Act No. 512), being An act to authorize the department of technology, management, and budget to convey parcels of state-owned property in Baraga, Bay, Calhoun, Gratiot, Houghton, Iron, Lenawee, Manistee, Marquette, Monroe, Tuscola, and Van Buren Counties; to prescribe conditions for the conveyances; to provide for the jurisdictional transfer of state-owned property in Ingham, Livingston, and St. Joseph Counties; to provide for powers and duties of state departments, agencies, and officers in regard to the property; and to provide for disposition of revenue derived from the conveyances. (Filed with the Secretary of State on January 9, 2017, at 11:32 a.m.) Date: January 5, 2017 Time: 5:02 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 316 (Public Act No. 504), being An act to amend 1976 PA 267, entitled “An act to require certain meetings of certain public bodies to be open to the public; to require notice and the keeping of minutes of meetings; to provide for enforcement; to provide for invalidation of governmental decisions under certain circumstances; to provide penalties; and to repeal certain acts and parts of acts,” by amending section 3 (MCL 15.263), as amended by 1988 PA 278. (Filed with the Secretary of State on January 9, 2017, at 11:16 a.m.) Date: January 5, 2017 Time: 5:04 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1117 (Public Act No. 521), being An act to amend 1956 PA 40, entitled “An act to codify the laws relating to the laying out of drainage districts, the consolidation of drainage districts, the construction and maintenance of drains, sewers, pumping equipment, bridges, culverts, fords, and the structures and mechanical devices to properly purify the flow of drains; to provide for flood control projects; to provide for water management, water management districts, and subdistricts, and for flood control and drainage projects within drainage districts; to provide for the assessment and collection of taxes; to provide for the investment of funds; to provide for the deposit of funds for future maintenance of drains; to authorize public corporations to impose taxes for the payment of assessments in anticipation of which bonds are issued; to provide for the issuance of bonds by drainage districts and for the pledge of the full faith and credit of counties for payment of the bonds; to authorize counties to impose taxes when necessary to pay principal and interest on bonds for which full faith and credit is pledged; to validate certain acts and bonds; and to prescribe penalties,” by amending section 464 (MCL 280.464), as amended by 1989 PA 134. (Filed with the Secretary of State on January 9, 2017, at 11:50 a.m.) Date: January 5, 2017 Time: 8:35 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 754 (Public Act No. 532), being An act to amend 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, 2016 JOURNAL OF THE SENATE 2183 public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 626, 681, 1230d, 1277, 1288, 1310a, 1525, 1535a, 1539b, 1561, 1711, and 1751 (MCL 380.626, 380.681, 380.1230d, 380.1277, 380.1288, 380.1310a, 380.1525, 380.1535a, 380.1539b, 380.1561, 380.1711, and 380.1751), section 681 as amended by 2007 PA 45, sections 1230d, 1535a, and 1539b as amended by 2006 PA 680, section 1277 as amended by 1997 PA 179, section 1310a as amended by 2000 PA 230, section 1525 as amended by 2004 PA 596, section 1561 as amended by 2009 PA 204, and sections 1711 and 1751 as amended by 2008 PA 1, and by adding section 1281b; and to repeal acts and parts of acts. (Filed with the Secretary of State on January 9, 2017, at 2:02 p.m.) Date: January 5, 2017 Time: 8:37 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 755 (Public Act No. 533), being An act to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 19, 51a, and 58 (MCL 388.1619, 388.1651a, and 388.1658), sections 19 and 51a as amended by 2016 PA 249 and section 58 as amended by 1997 PA 93, and by adding section 19a. (Filed with the Secretary of State on January 9, 2017, at 2:04 p.m.) Date: January 5, 2017 Time: 8:39 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 756 (Public Act No. 537), being An act to repeal 1982 PA 26, entitled “An act to provide for emergency financial assistance for certain school districts; to prescribe certain powers and duties of intermediate school boards, local school boards, the state board of education, the state treasurer, and the auditor general; to create an emergency loan revolving fund; to make an appropriation; and to prescribe penalties,” (MCL 388.811 to 388.829). (Filed with the Secretary of State on January 9, 2017, at 2:12 p.m.) Date: January 5, 2017 Time: 8:41 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 757 (Public Act No. 538), being An act to repeal 1962 PA 198, entitled “An act to authorize the state board of control for vocational education to accept federal funds with which to establish a program to alleviate conditions of persistent unemployment and underemployment in certain economically distressed areas,” (MCL 395.71 to 395.73). (Filed with the Secretary of State on January 9, 2017, at 2:14 p.m.) Date: January 5, 2017 Time: 8:43 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 759 (Public Act No. 539), being An act to repeal 1931 PA 205, entitled “An act to require the teaching of civics and political science in high schools, county normals and colleges, to prohibit the granting of diplomas, and degrees to students not successfully completing said courses, and to provide penalties for the violation thereof,” (MCL 388.372). (Filed with the Secretary of State on January 9, 2017, at 2:16 p.m.) 2184 REGULAR SESSION OF 2016 Date: January 5, 2017 Time: 8:45 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 760 (Public Act No. 540), being An act to repeal 1966 PA 156, entitled “An act to provide state scholarships for students in the field of special education; and to make an appropriation therefor,” (MCL 388.1051 to 388.1055). (Filed with the Secretary of State on January 9, 2017, at 2:18 p.m.) Date: January 5, 2017 Time: 8:47 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 761 (Public Act No. 541), being An act to repeal 1974 PA 299, entitled “An act to promote the planning and development of educational programs for the gifted and/or academically talented; to create a state advisory commission on education for the gifted and/or academically talented and to prescribe its powers and duties; and to prescribe the powers and duties of certain state departments and agencies,” (MCL 388.1091 to 388.1094). (Filed with the Secretary of State on January 9, 2017, at 2:20 p.m.) Date: January 5, 2017 Time: 8:49 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 762 (Public Act No. 542), being An act to repeal 1964 PA 238, entitled “An act to authorize the state of Michigan, boards of supervisors, local governing boards and school districts to appropriate moneys to foster and maintain demonstration educational and work experience programs through a special job upgrading program for unemployed, out of work, school dropouts; define the powers and duties of the superintendent of public instruction; and to provide for appropriations,” (MCL 395.171 to 395.175). (Filed with the Secretary of State on January 9, 2017, at 2:22 p.m.) Date: January 5, 2017 Time: 8:51 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 763 (Public Act No. 534), being An act to amend 1979 PA 94, entitled “An act to make appropriations to aid in the support of the public schools, the intermediate school districts, community colleges, and public universities of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to create certain funds and provide for their expenditure; to prescribe penalties; and to repeal acts and parts of acts,” by amending sections 51a and 58 (MCL 388.1651a and 388.1658), section 51a as amended by 2016 PA 249 and section 58 as amended by 1997 PA 93. (Filed with the Secretary of State on January 9, 2017, at 2:06 p.m.) Date: January 5, 2017 Time: 8:53 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 764 (Public Act No. 543), being An act to repeal 1919 PA 149, entitled “An act to accept the requirements and benefits of an act of the sixty-fourth congress of the United States, approved February 23, 1917, known as the Smith-Hughes act, or Public Act No. 347, relating to appropriations to be made by the federal government to the several states for the support and control of instruction in agriculture, the trades, industries, and home economics, and for the preparation of teachers of vocational subjects; to designate a state board of control for vocational education; to provide for the proper custody and 2016 JOURNAL OF THE SENATE 2185 administration of funds received by the state from such appropriations; and to provide for appropriations by the state and by local school authorities to meet the conditions of said act of congress,” (MCL 395.1 to 395.10. (Filed with the Secretary of State on January 9, 2017, at 2:24 p.m.) Date: January 5, 2017 Time: 8:55 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 765 (Public Act No. 535), being An act to amend 1976 PA 451, entitled “An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to make appropriations for certain purposes; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,” by amending section 684 (MCL 380.684), as amended by 2007 PA 45; and to repeal acts and parts of acts. (Filed with the Secretary of State on January 9, 2017, at 2:08 p.m.) Date: January 5, 2017 Time: 8:57 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 766 (Public Act No. 536), being An act to amend 1964 PA 287, entitled “An act to provide for the organization and functions of the state boards of education under the constitutions of 1908 and 1963; to provide for the appointment and functions of the superintendent of public instruction under the constitution of 1963; and to repeal certain acts and parts of acts,” by amending section 8b (MCL 388.1008b). (Filed with the Secretary of State on January 9, 2017, at 2:10 p.m.) Date: January 5, 2017 Time: 8:59 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 767 (Public Act No. 544), being An act to repeal 1964 PA 44, entitled “An act to authorize the state board of control for vocational education to accept federal funds as provided under the provisions of federal law,” (MCL 395.31 to 395.34). (Filed with the Secretary of State on January 9, 2017, at 2:26 p.m.) Date: January 6, 2017 Time: 9:10 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1104 (Public Act No. 556), being An act to amend 1961 PA 236, entitled “An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of the courts, and of the judges and other officers of the courts; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in the courts; pleading, evidence, practice, and procedure in civil and criminal actions and proceedings in the courts; to provide for the powers and duties of certain state governmental officers and entities; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,” (MCL 600.101 to 600.9947) by adding section 1482. (Filed with the Secretary of State on January 10, 2017, at 11:52 a.m.) 2186 REGULAR SESSION OF 2016 Date: January 6, 2017 Time: 9:12 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 289 (Public Act No. 550), being An act to prohibit the bad-faith assertion of patent infringement; to provide remedies for the bad-faith assertion of patent infringements; to provide for the powers and duties of the attorney general; and to authorize the promulgation of rules. (Filed with the Secretary of State on January 10, 2017, at 11:40 a.m.) Date: January 6, 2017 Time: 9:14 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 884 (Public Act No. 551), being An act to amend 1939 PA 280, entitled “An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,” by amending section 109 (MCL 400.109), as amended by 2012 PA 48. (Filed with the Secretary of State on January 10, 2017, at 11:42 a.m.) Date: January 6, 2017 Time: 9:16 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 950 (Public Act No. 545), being An act to amend 1976 PA 399, entitled “An act to protect the public health; to provide for supervision and control over public water supplies; to prescribe the powers and duties of the department of environmental quality; to provide for the submission of plans and specifications for waterworks systems and the issuance of construction permits therefor; to provide for capacity assessments and source water assessments of public water supplies; to provide for the classification of public water supplies and the examination, certification and regulation of persons operating those systems; to provide for continuous, adequate operation of privately owned, public water supplies; to authorize the promulgation of rules to carry out the intent of the act; to create the water supply fund; to provide for the administration of the water supply fund; and to provide penalties,” (MCL 325.1001 to 325.1023) by adding section 19a. (Filed with the Secretary of State on January 10, 2017, at 11:30 a.m.) Date: January 6, 2017 Time: 9:20 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 982 (Public Act No. 552), being An act to amend 1998 PA 434, entitled “An act to define and regulate fraudulent transfers and conveyances; to set aside and modify certain transfers and conveyances; to make uniform the law of fraudulent transfers; and to repeal acts and parts of acts,” by amending the title and sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 (MCL 566.31, 566.32, 566.33, 566.34, 566.35, 566.36, 566.37, 566.38, 566.39, 566.40, 566.41, 566.42, and 566.43), sections 1, 4, and 9 as amended by 2016 PA 331 and section 8 as amended by 2000 PA 362, and by adding sections 14 and 15. (Filed with the Secretary of State on January 10, 2017, at 11:44 a.m.) 2016 JOURNAL OF THE SENATE 2187 Date: January 6, 2017 Time: 9:22 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 983 (Public Act No. 553), being An act to amend 1972 PA 284, entitled “An act to provide for the organization and regulation of corporations; to prescribe their duties, rights, powers, immunities and liabilities; to provide for the authorization of foreign corporations within this state; to prescribe the functions of the administrator of this act; to prescribe penalties for violations of this act; and to repeal certain acts and parts of acts,” by amending section 122 (MCL 450.1122), as amended by 2001 PA 57. (Filed with the Secretary of State on January 10, 2017, at 11:46 a.m.) Date: January 6, 2017 Time: 9:24 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 984 (Public Act No. 554), being An act to amend 1982 PA 162, entitled “An act to revise, consolidate, and classify the laws relating to the organization and regulation of certain nonprofit corporations; to prescribe their duties, rights, powers, immunities, and liabilities; to provide for the authorization of foreign nonprofit corporations within this state; to impose certain duties on certain state departments; to prescribe fees; to prescribe penalties for violations of this act; and to repeal certain acts and parts of acts,” by amending section 122 (MCL 450.2122), as amended by 2014 PA 557. (Filed with the Secretary of State on January 10, 2017, at 11:48 a.m.) Date: January 6, 2017 Time: 9:26 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 985 (Public Act No. 555), being An act to amend 1982 PA 295, entitled “An act to provide for and to supplement statutes that provide for the provisions and enforcement of support, health care, and parenting time orders with respect to divorce, separate maintenance, paternity, child custody and support, and spousal support; to prescribe and authorize certain provisions of those orders; to prescribe the powers and duties of the circuit court and friend of the court; to prescribe certain duties of certain employers and other sources of income; to provide for penalties and remedies; and to repeal acts and parts of acts,” by amending section 24a (MCL 552.624a), as amended by 2002 PA 572. (Filed with the Secretary of State on January 10, 2017, at 11:50 a.m.) Date: January 6, 2017 Time: 9:32 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1175 (Public Act No. 548), being An act to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending section 7401 (MCL 333.7401), as amended by 2012 PA 183. (Filed with the Secretary of State on January 10, 2017, at 11:36 a.m.) 2188 REGULAR SESSION OF 2016 Date: January 6, 2017 Time: 9:34 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1176 (Public Act No. 549), being An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 13m of chapter XVII (MCL 777.13m), as amended by 2016 PA 126. (Filed with the Secretary of State on January 10, 2017, at 11:38 a.m.) Date: January 6, 2017 Time: 9:36 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 72 (Public Act No. 546), being An act to amend 2008 IL 1, entitled “An initiation of Legislation to allow under state law the medical use of marihuana; to provide protections for the medical use of marihuana; to provide for a system of registry identification cards for qualifying patients and primary caregivers; to impose a fee for registry application and renewal; to provide for the promulgation of rules; to provide for the administration of this act; to provide for enforcement of this act; to provide for affirmative defenses; and to provide for penalties for violations of this act,” by amending section 7 (MCL 333.26427), as amended by 2016 PA 283. (Filed with the Secretary of State on January 10, 2017, at 11:32 a.m.) Date: January 6, 2017 Time: 9:38 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 141 (Public Act No. 547), being An act to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 13n of chapter XVII (MCL 777.13n), as amended by 2014 PA 279. (Filed with the Secretary of State on January 10, 2017, at 11:34 a.m.) 2016 JOURNAL OF THE SENATE 2189 Date: January 11, 2017 Time: 9:12 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1097 (Public Act No. 561), being An act to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” by amending section 2a (MCL 36.2a), as amended by 2016 PA 213. (Filed with the Secretary of State on January 11, 2017, at 4:00 p.m.) Date: January 11, 2017 Time: 9:14 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1098 (Public Act No. 562), being An act to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” (MCL 36.1 to 36.12) by adding section 10. (Filed with the Secretary of State on January 11, 2017, at 4:02 p.m.) Date: January 11, 2017 Time: 9:16 a.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1099 (Public Act No. 563), being An act to amend 1885 PA 152, entitled “An act to authorize the establishment of facilities for former members of the armed forces of the United States in the state of Michigan; to create funds; and to provide for the promulgation of rules,” (MCL 36.1 to 36.12) by adding section 10a. (Filed with the Secretary of State on January 11, 2017, at 4:04 p.m.) Date: January 11, 2017 Time: 3:34 p.m. To the President of the Senate: Sir—I have this day approved and signed Enrolled Senate Bill No. 1100 (Public Act No. 560), being An act to create the Michigan veterans’ facility authority; to develop and operate certain veterans’ facilities; to create funds and accounts; to authorize the issuing of bonds and notes; to prescribe the powers and duties of the authority and certain state departments and other state officials and employees; and to make appropriations and prescribe certain conditions for the appropriations. (Filed with the Secretary of State on January 11, 2017, at 3:58 p.m.) Respectfully, Rick Snyder Governor Veto Message Subsequent to the final adjournment of the Regular Session of the Legislature, the following message from the Governor was received: HIGHWAYS; SIGNS; REVISIONS TO HIGHWAY ADVERTISING ACT January 5, 2017 Today I am returning Enrolled Senate Bill 953 to you without signature. SB 953, which amends the Highway Advertising Act of 1972 (the “Act”), puts Michigan in jeopardy of losing millions of dollars in federal highway funding at a time when we must continue to aggressively invest in our infrastructure. 2190 REGULAR SESSION OF 2016 Federal law requires states to effectively manage outdoor advertising or face a 10% reduction in federal highway funds. As part of this effective management, Michigan has entered into a federal-state agreement that includes parameters to manage advertising on federally funded roadways. SB 953 contains substantial revisions to multiple sections of the Act which conflict with federal law, regulation, or the federal-state agreement. For example, SB 953’s revisions to definitions regarding commercial areas, nonconforming and directional signs puts Michigan in direct violation of the federal-state agreement and federal regulation. This conflict has been confirmed in consultation with our federal partners at the Federal Highway Administration. I appreciate that the Legislature included severability clauses in an effort to save the legislation should SB 953 be found in conflict with federal law. But I believe it inappropriate to make substantial revisions to the Act that conflict with federal law and regulation on the hope that the federal government will change its position on this issue. Finally, the Act’s stated purpose is to “improve and enhance [the] scenic beauty” of Michigan’s highways consistent with federal law while balancing protected commercial speech. SB 953 goes too far in limiting the Department of Transportation’s ability to effectively manage outdoor advertising as required by federal law and it could cost Michigan $100 million in federal highway funding. The issues outlined in this letter represent only a portion of my concerns with SB 953. The risk of losing federal highway funding far outweighs the policy goals that SB 953 would otherwise achieve. Accordingly, I return SB 953 to you without my signature. Sincerely, Rick Snyder Governor This bill was returned from the Governor on January 5, 2017 at 11:37 a.m.